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LEGAL APPROVAL rrFie City of $oynton ~eacli .-'" ..'~ @\~ IS Ii Wt I.~. r, ,._, . I i' I TDJ.-~ ~; j I 2 ; 100 'E. flJognton flJeadt flJoufevara PO flJ~310 flJoynton flJeac.nJ ~forufa 33425-0310 City:Half. (561) 375-6000 ~jU". (561) 375-6090 :<A i .~, ~----J r -" "..',,' ':'t._.:~-,r,l[J iJ..;, .. -'_ ~~ptember 11 1997 -f'LL ItA- ~ fl fvJ-- Q~:ff-ql- 'J yV!)A j;& ( harles Gauthier AICP Gro\\th !\lanagement Admll1lstrator s,tate of FlorIda. Dept. of CommunIty Affairs 2555 Shumard Oak Bhd. Tallahassee Florida 32399-2100 RE ORDINANCE #097-20 Dear Mr Gauthier' Attached please tind a certified COPy of the above mentIOned ordll1ance and also ExhibIts A and B This ordll1ance pertall1s to changes made to the Comprehensne Development of Regional Impact and \vas approved at the regular Cltv CommissIOn meetll1g held on June 3 1997 Ihou have an) questIOns concemll1g this. please do not heSitate to contact me Sll1cerel) CITY OF BOYNTON BEACH VUb ~~ SUE KRUSE, CMC/AAE CITY CLERK C T ambn Heyden, Director .i shrdatacC'wp ,g.:n.:ral infodca.doc 71~ria1 s (jateway to tlie (julfstrtam fJTu City of $oynton $eacli 100 'E. '13oynton '13eadi. '13oufevartf PO '13~310 '13oynton '13eadt, :FforUfa 33425-0310 City:J{af[ (561) 375-6000 :FJitX. (561) 375-6090 %Jt.~".JU::_., ~- p" ,lJ1J L ,,,,- I 2 Ie"! I PLANNING AND ZONING DE?l ,,~~,..' September 11 1997 Mr .hm \\ lilaI'd 20 ~ Orange A \ enue SuIte 1000 Orlando FL 32801 RE ORDIV -tNCE #097-20 Dear \11' v.. dlard Attached please tind a cop' of the abo\e mentIOned ordInance and also Exhibits A and B ThiS ordlllance pertaIns to changes made to the Comprehensive De\elopment of RegIOnal Impact and was approved at the regular Cnv CommiSSIOn meetIng held on June 3 1997 If \ ou ha\ e any questIons concernIng thiS. please do not heSitate to contact me Smcereh CITY OF BOY"'\ITON BEACH \ '- t--/~J ~-L/ SUE KRUSE, CMC/AAE CIT\ CLERK C T ambn Heyden, Duector .i shrdalu,ccwp'gcncra\ info,dca.doc jifmericas (jauway to tlit (jutfstream fJ:1U City of $oynton ~eacfi r ~ 'r:) R r& ~ n \j~ ~ p' 1C -:-......~ 12 100 'E. 'Boynton 'Beadi 'Boukvartf PO. 'B(J;(310 'Boynton 'Beo&., :FforUia 33425-0310 City j{afl (561) 375-6000 :F5tX. (561) 375-6090 September II 1997 l\!hchael J Busha. Executive Director Treasure Coast Regional Planmng Councll 3228 S\\ '-'lartm Downs Bhd. SUite 205 PO Bo\. 1529 Palm Clt\ FL 34990 RE ORDINANCE #097-20 Dear Mr Busha Attached please find a certIfied copy of the above mentioned ordmance and also Exhibits -'\ and B This ordmance pertams to changes made to the ComprehensIve Development of Regional Impact and was approved at the regular Citv CommiSSIOn meetmg held on June 3 1997 If\ou ha\e am questIOns concemmg thIS. please do not hesItate to contact me Smcereh CITY OF BOYNTON BEACH ~~~- SLE KRUSE. CMC/AAE CITY CLERK C Tambn Heyden, DIrector j shrdata\cc \\p\general info,treasure coast regional planning council.doc j:tmerial s (jauway to tlie (julfstrt4m DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ;r;\ . ~ ;...' ~ I~ -,:--?I-J1 'i?;1i: 8/if~ , r ~-. APPLICANT Quantum Associates 1 APPLICANT'S AGENT James G. Willard. ESQ, HEARING BEFORE CITY COMMISSION Mav 20, 1997 ...-.;"',. j ....~--,.......~ TYPE OF RELIEF SOUGHT ReQuest for Master Plan Amendment - Maior Plan Modification LOCATION OF PROPERTY the West side of 1-95 between Miner Road extended and the Bovnton lC-16) Canal DRAWING(S) SEE EXHIBIT "A" ATTACHED HERETO THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above The City Commission haVing considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows 1 Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations 2 The Applicant / HAS HAS NOT established by substantial competent evidence a basis for the relief requested The AP~nt's application for relief is hereby _ GRANTED subject to the conditions marked as "include" in Exhibit "F" hereto 3 DENIED 4 This Order shall take effect immediately upon issuance by the City Clerk. 5 All further development on the property shall be made in accordance with the terms and conditions of this order 6 Other' ~ DATED Mav 20, 1997 , ! X --Cc ~~~~-' Cit Clerk \ \Ii !!II/ltl 1111. ~\ ON 8f: //,1. ..." -l, 'tf ~ .2 coO ~oR.A. Ti20 0-s. ~ ::u.. g ~ == 0 (.) : = :: ~ ",: = ~ Y, r['V ! == ~ y \, A~V'" .:::- ~ ~...... . , .. ~.:::: ;;.0: v... .. ^ , ~ ......... d ~ ~ ~ or ~ ~II" F\. ~\~ 1"//11/1/ "' \\\\\\'\ 5 wp\DePts\Plann,"~\Quantum Park Dev Order r ;. tl i 1. :" J -- ~ . i City At#~Y~ i t. Iv / / jY' ' -.<'<-- ....~ 4 I I / L /. f L. "t, I v /;1<; I~'') {." . L~- ORDINANCE NO 097- 20 AN ORDINANCE OF THE CITY OF BOYNTON BEACH FLORIDA, PROVIDING FOR A DETERMINATION THAT CHANGES TO THE COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO 84-51, AND AMENDED IN ORDINANCES NOS 86- 11, 86-37 88-3 94-10 94-51, 96-33 AND 96-65 DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 38006 FLORIDA STATUTES, 1996, DETERMINING THAT NO FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS 84-51 86-11 86-37 88-3 94-10 94- 51 96-33 AND 96-65) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES AND PROVIDING AN EFFECTIVE DATE WHEREAS, Riteco Development Corporation, a Florida corporation ("Riteco ') filed with the City of Boynton Beach (the "City") an Application for Development Approval of Comprehensive Development of Regional Impact (the "ADA') on May 21 1984 regarding that certain property (the "Property") described in Exhibit "A", attached hereto and made a part of hereof" and WHEREAS, the ADA was approved and the Development Order for the Property was granted December 18, 1984 pursuant to Ordinance No 84-51 (the "Development Order") . and WHEREAS, Riteco subsequently conveyed its right, title and interest in and to the Property to Boynton Park of Commerce, Inc., a Florida corporation ("Boynton Park') and, Boynton Park, in turn, subsequently conveyed its right, title and interest in and to the Property to Quantum Associates, a Florida general partnership (the "Developer") and Page 1 of 6 WHEREAS Developer filed with the City respective applications to amend the Development Order, which applications were approved by the City in Ordinance No 86- 11 Ordinance No 86-37 Ordinance No 88-3 Ordinance No 94-10, Ordinance No 94- 51 Ordinance No 96-33 and Ordinance No 96-65 and WHEREAS the term Development Order" includes all amendments thereto and WHEREAS Developer is the current owner and developer of the remaining vacant land within the Property (commonly known as the Quantum Corporate Park at Boynton Beach Development of Regional Impact, or the Quantum Park DRI) and WHEREAS, Developer has submitted to the City a Notification of Proposed Change to a Previously Approved Development of Regional Impact ("NOPC") requesting a further amendment to the Development Order for the purpose of revising the Master Site Development Plan as follows Change in the master plan designation of lots 6 7 8 9 1 0 11 2 15 16 17 18 19 21 39 40A, 52 83 84 and 85 from office to office/industrial use, change in the master plan designation of lot 1 from office/hotel use to office/industrial/commercial use change in the master plan designation of lots 12 13 and 14 from office/research and development to officelindustrial use change in the master plan designation of lots 76, 81 and 82 from industrial/commercial to office/industrial/ commercial use, change in the master plan designation of lot 40 from office/government and institutional to government and institutional use change in the master plan designation of lots 58, 59, 60, 61 and 62 from industrial/research and development to office/industrial use, change in the master plan designation of lots 86 87 88 89A, 89B and 90B from research and development to office/industrial use change in the master plan designation of lots 65A, 65B, 67B and 91 from office/hotel/commercial to office/industrial/commercial use, change in the master plan designation of lots 63 and 64 from office/commercial to office/industrial/commercial use Page 2 of 6 change in the master plan designation of lot 90A from research and development to government and institutional use change in the master plan designation of lots 68A and 68B from research and development to office/industrial use change in the master plan designation of lots 46A, 48A, 48B 48C 50A, 50B 51 B 510 56 57 69 70 72 73A, 73B 74 and 75 from industrial to office/industrial use change in the master plan designation of lots 77 78 79 and 80 from industrial/commercial to commercial use and change in the master plan designation of lots 66 67 A and 67C from office/hotel use to office/hotel/industrial use (see Exhibit liB" - Master Plan Amendment No 8 to the Master Site Development Plan for Quantum Park, dated May 20 1997) and WHEREAS the City Commission of Boynton Beach, as the governing body having jurisdiction is authorized and empowered to consider applications for amendments to development orders approving developments of regional impact pursuant to Chapter 380 06 Florida Statutes (1996) and WHEREAS, said City Commission has considered the testimony, reports and other documentary evidence submitted at said public hearing by Developer the City staff and the public, and the City Planning and Development Board's recommendations of the 13th day of May, 1997 and WHEREAS, said City Commission has considered all of the forgoing NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT Section 1 A notice of public hearing was duly published on the 5th day of May 1997, in the Palm Beach Post, a newspaper of general circulation in Boynton Beach Florida, pursuant to Chapter 380 06 Florida Statutes, and proof of said publication has been duly filed Page 3 of 6 Section 2 The Development Order shall be amended to include the following provisions 1 Master Plan Amendment No 8 to the Master Site Development Plan for Quantum Park, dated May 20 1997 is hereby approved subject to the following conditions a) A traffic study shall be submitted with any future application requesting a change in the use designation of any lot. The City shall hire at the applicant's expense an independent traffic consultant to review the traffic study b) Any upgrades required to the water and sewer systems within the PID due to the intensification of land use proposed with this application must be performed, at the applicant's expense Section 3 Upon consideration of all matters described in Section 380 06 Florida Statutes (1996), it is hereby determined that A. The amendments proposed by Developer do not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to this area. B The amendments proposed by Developer are consistent with the local comprehensive plan and local land development regulations, subject to the conditions outlined above C The amendments proposed by Developer are consistent with the recommendations of the Treasure Coast Regional Planning Council subject to the conditions outlined above, Page 4 of 6 o The amendments proposed by Developer do not create any additional regional impacts and therefore do not constitute a substantial deviation under Chapter 380 06 Florida Statutes (1996) Section 4 The City Commission has concluded as a matter of law that these proceedings have been duly conducted pursuant to the provisions of Chapter 380 06 Florida Statutes (1996) that Developer is entitled to the relief prayed and applied for and that the Development Order is hereby amended incorporating the amendments proposed by Developer as set forth in Section 2 above Section 5 Except as otherwise amended herein the Development Order shall remain in full force and effect. Section 6 All ordinances or parts of ordinances in conflict herewith are hereby repealed Section 7 Should any section or provision of this ordinance or portion hereof any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance Section 8 Authority is hereby granted to codify said ordinance Section 9 This ordinance shall become effective immediately upon passage FIRST READING this .?fa day of ~v ,1997 Page 5 of 6 SECOND READING and FINAL PASSAGE this ~ day of - VaN~ ,1997 CITY OF BOYNTON BEACH, FLORIDA ! --. / / / /' , r' / I ,/ ~/---- MAYOR i / ~~~i-- VIce MAYOR ,/ / /' \.. " -7 COMM SIONER "\ '" \ ,----=-- ~ :{--- COMMISSIONER ~ C~ ATTEST ~~~,.t:~4!~ CI CLERK ~\\\\'''''''''''II. (C~~'-~~ ~ 0 "o.~o,q<tJ:" ~ ~ - /. -^ -.... ::: .~.s; '0' ~ :: .). :$ , (') :: it:~: jXa s(.) 0/: ~ 192.l;: '!Ii!: ." ~ ~ .......... ~ ~Ao i:LOI!ll\O ~ r,.~ n ~\\~ Wllllllm",\\\\"\ EXHIBITS "A" - Legal Description "B" - Amended Master Site Development Plan S'\Planning\SHARED\WP\PROJECTS\QUANTUM\ORDINANC\DRI1997doc.doc Page 6 of 6 EXHIBIT "A" OVERALL BOUNDARY LEGAL DESCRIPTION A Tract of land lying partially in Sections 16,17 20 and 21, Township 45 South, Range 43 East, Palm Beach County, Florida, said Tract being more particularly described as follows Commencing at the Southwest corner of said Section 17, thence North 1 E44'39" East, along the West line of Section 17, a distance of 1318 10 feet to a point in the intersection with the centerline of N W 22nd Avenue, as recorded in 0 R. Book 1738, Page 1686 of the Public Records of Palm Beach County, Florida, thence with a bearing of North 89E04'32" East, along the centerline of N W 22nd Avenue, a distance of 778 37 feet to the Point of Beginning, thence North 1 E44'39" East, a distance of 1247 06 teet to the South right of way line of L.W 0 0 Lateral 21, thence North 89E08'49" East along the South right of way line L.W 0 0 Lateral 21, as recorded in o R Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, a distance of 63593 feet to the centerline of the L.W 0 0 Equalizing Canal E-4, as recorded in 0 R Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, thence along the centerline of the above described E-4 Canal with a curve to the right having a chord bearing of North 10E32'52" East, a radius of 750 00 feet, a central angle of 4E04'17", and an arc length of 53 29 feet; thence continue along the centerline of the E-4 Canal, with a bearing of North 12E35'OO" East, a distance of 320 69 feet to a point of curve, thence with a curve to the left having a radius of 650000, a central angle of 3E28'30", and an arc length of 394.23 feet; thence North 9E06'30" East, a distance of 1979 16 feet to a point on the North Line of Section 17, thence with a bearing of North 89E16'39" East, along the North line of Section 17, a distance of 1964 50 feet; thence South OE02'11" East, a distance of 2625 18 feet; thence North 89E08'49" East, a distance of 368 96 feet to a point on the North right of way line of N W 22nd Avenue as recorded in 0 R Book 1738, Page 1686 of the Public Records of Palm Beach County, Florida, thence South 19E27'31" East, a distance of 50 00 feet to the centerline of N W 22nd Avenue, thence with a curve to the right having a chord bearing of North 75E29'49" East, a radius of 1637 02 feet, a central angle of 9E53'58", and an arc length of 28285 feet to a point; thence north 12E02'41" East, a distance of 915 72 feet; thence North OE31'11" East, a distance of 399 70 feet; thence North 89E12'37" East, a distance of 41321 feet; thence South 88E22'56" East, a distance of 1349 70 feet to a point on the West right of way line of the Seaboard Coastline Railroad, thence South OE28'21" East, along the West right of way line of the Railroad, a distance of 1309 09 feet to a point on the centerline of N W 22nd Avenue, thence North 88E27'31" West, along the centerline of N W 22nd Avenue a distance of 672 97 feet; thence South OE33'53" East, a distance of 1306 69 feet; thence South 88E45'31" East, a distance of 333 51 feet to a point on the West right of way of the Seaboard Coastline Railroad, thence with a bearing of South 14E08'23" West, along the West right of way of the railroad, a distance of 1312 49 feet; thence South OE33'53" East, a distance of 26 69 feet; thence South 13E 15'22" West, a distance of 920 57 feet; thence North 88E50'04" West, a distance of 187 60 feet; thence with a bearing North OE49'21" West, a distance of 20000 feet; thence North 88E50'04" West, a distance of 21800 feet; thence South OE49'21" East, a distance of 20000 feet; thence North 88E50'04" West, a distance of 40 00 feet; thence South OE49'21" East, a distance of 55684 feet; thence North 88E50'04" West, a distance of 3617 26 feet to a point on the centerline of the above described centerline of the E-4 Canal, thence with a bearing of North 5E18'14" West, a distance of 153 13 feet, thence with a curve to the right having a radius of 450 00 feet, a central angle of 15E36'44", and an arc length of 122 62 feet; thence North 10E18'30" East, a distance of 98860 feet to a point of curve, thence with a curve to the left having a radius of 45000 feet, a central angle of 18E20'OO", and an arc length of 143 99 feet; thence with a bearing of North 8E01'30" West, a distance of 1255 14 feet to a point on the centerline of N W 22nd Avenue thence with a bearing of South 89E04'32" West, along the centerline of N W 22nd Avenue a distance of 81785 feet more or less to the Point of Beginning Containing 591 55 acres more or less and subject to easements and rights of way of record S \PROJECTS\QUANTUM\OVERALL BOUNDARY LEGAL DESC ,..... ~ :} ........ .,.. .=l f_" ::- l 11!ll I II "'!f. ..... ii ie. -,-, I~ .. ft !I 'I , II )1 II r,- ~I L..... ~ ~ C~t. ~[V1SED lIASTER PI.AIl '''ENDIlENT NO. , lilY 20, .lt7 -~.--- ........... :-.:.:..-:.~-=r. -- --..:.:a.'=".a-......... -- - ~ .. ~_... .~=-":".:1:........ ~U!I!:-':.:t' . t~Jo.:i:a"==-,...,. - - ---.-....... ......... o MASTER SITE DEVELOPMENT PLAN LEGEND ';., L'tJ ,.... i KEY PLAN ~- ca. (c:.-w...) 13 S3 ..... Nt ~) 10.11 ..... o . I (~............... SO...\er_ a (....) 21.2.u.. CI COfIIee".......) Iso. 73 w. oe (.....~~) n,..... elM (~./I'IIMI) I_Ot ..... ...... I.DD ..... ... ..... ...... 40 00 __ ..... .'.13 ..... CPDI .M:( IQ.I7 __ "= =:j Q QUANTUM ASSOCIATrS Nollonol CI Cenle, 115 We" ~o.hlngIOn 51. Indlonopoll.. IN 41204 (317) 631-1600 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 Motion CommiSSioner Tillman moved to approve Proposed Ordinance No 097 -17 Vice Mayor Titcomb seconded the motion A roll call vote was polled by the Deputy City Clerk The motion carried 4-1 Commissioner JaskiewIcz cast the dissenting vote 3 Proposed Ordinance No 097-18 Re Abolishing the Children and Youth Advisory Board Attorney Goren read Proposed Ordinance No 097-18 by title only Motion CommiSSioner Tillman moved to approve Proposed Ordinance No 097 -18 Commissioner Bradley seconded the motion A roll call vote was polled by the Deputy City Clerk The motion carried 4-1 Commissioner JaskiewIcz cast the dissenting vote 4. Proposed Ordinance No 097-19 Re Providing additional duties, powers, authority and functions of the Education Advisory Board Attorney Goren read Proposed Ordinance No 097-19 by title only Motion Commissioner Bradley moved to approve Proposed Ordinance No 097 -19 Commissioner Tillman seconded the motion A roll call vote was polled by the Deputy City Clerk. The motion carried 4-1 Commissioner Jaskiewicz cast the dissenting vote 5. Proposed Ordinance No. 097-20 Re No substantial deviation to DRI for Quantum Park Attorney Goren read Proposed Ordinance No 097-20 by title only Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No 097-20 Vice Mayor Titcomb seconded the motion A roll call vote was polled by the Deputy City Clerk The motion carried 5-0 37 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 next year they will go In front of the properties That will be done regardless of whether or not this alley is abandoned Motion Commissioner Jaskiewicz moved to approve the abandonment of a 15 foot wide unimproved alley In the Bowers Park Subdivision Blocks 10 11 and 12 Vice Mayor Titcomb seconded the motion which carried 5-0 C Project: Agent: Owner' Location Descnption (-II UU 1,,1.(J v\ . '-' VII'\.[ 1 VI fj' LV VII' ~'" 0 ., \ - ? [ J \ J v V -'7, _ ( z. au.. ,,() \) , )' ,,' ./ a U \'7 U lr .~ b \ " Quantum Park PID James G Willard and Bowen LLP Quantum Associates West side of the intersection of Interstate 95 and Gateway Boulevard Master Plan Modification - Request to amend the previously approved PID master plan in connection with an amendment to the DRI as follows Change In traffic distribution due to possible future severing of Quantum Boulevard between lots 22 and 31 and lots 6 through 11, and change in the master plan designation of lots~, 7, ~ ~ 1'\l, \.1. 22, 23, 24 25, 26, 27 28, 29, 30, 31, 1, 2, 15, 16 and 40A from office to office/industrial use, of lots 1, 66, 67 A and 67e from office/hotel _ use to...... office/industrial/commercial use, of lot!V12. 13, and.J5--' from office/research and development to ..Qffic~ use, ~r f.l.. \ - lots 32. 33, 34A, 348, 35, 36, 37 and 38 from 1lAcLuJlVtV office/industrial to industrial use, of lots J7,/~~ IlJ 0 ~ M: @J) ~ 4 .B4'" and ..as from office to office/industrial/commercial use, of lot 40 from office/governmenrancr-mstitutional to government and institutional use, c~a~e in the master plan designation of lots ,98:' 59';'68:'" 6-Yand 62' from industrial/research and development to office/industrial use, 9hange in the master plan designation of lots,~~8~ 898"and ~rom research and development to office/industrial use, change in the master plan designation of lots...-65A, 18 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 v (,t; ~- ~\ O\;'- ~ Q..?8 at;)d.91 from office/hotel/commercial to officeJfndustrial/commercial use, ch~ge in the...fl1aster o iA plan desIgnation of lots % and ~ from office/commercial to office/industrial/commercial use change In the master plan designation of lot 90A from V J', research and development to government and institutional use change in the master plan desIgnation of lots 68A and 688 from research and development to office/industrial/90t'~~E~al use change in the master plan designation -or rots 56 57 69 70, 72 73A 738, 74 and 75 from industrial to offiee/industrial/commercial use, change In the master plan designatio~6A, 48A, 488 48C, 50A, 508 518 and 51 D from industrial to office/industrial use, change in the master plan designation of lots 76 77 78 and 79 from industrial/commercial to commercial use, and change in the master plan designation of lot 80 from office to commercial use 1ft ~ (pvl,A \ t,v' (] Mr Willard, attorney for Quantum Associates, the applicant of this master plan modification request, stated that this matter went before the Planning and Development 80ard last Tuesday As a result of continued concerns by City staff and some of the Commissioners regarding the precedent that would be set if additional lots were designated for commercial use within Quantum, beyond the lots that were approved as commercial when the CarMax project was approved last fall, he withdrew his request to expand the commercial designation other than for the three lots that were previously approved for hotel use. One of the efforts of this proposed amendment was to simplify the number of designations on the land use plan and combine all of them into office/industriaVcommercial. The reference to "C" for commercial would Include hotel and restaurant use The only additional lots he is seeking this evening per the amended request are the three which would have the commercial designation and were previously identified as office and hotel use As discussed last fall, he hoped the Commission would consider the expansion of commercial usage elsewhere in Quantum Park upon identifying the specific user, the type of use, what the building would look like and how the site plan would be laid out. 19 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 Mr Willard distributed the proposed reviewed conditions that he was seeking from the CommIssion this evening, a copy of whIch IS attached to the original minutes on file In the City Clerk s Office He advised that one other item that was Involved with this application was the potential for consideration of the abandonment of a portion of Quantum Boulevard between the E-4 Canal and the City park in the northwest area of Quantum Park The application sought approval of that potential abandonment as a non Regional Issue which could receive DRI approval tonight, but which would still have to come back to the City Commission In the future time In the event a particular user was Identified We would have to have a road abandonment application and probably replat the property Mr Willard stated that there has not been success with marketing the office slots They are very narrow and there is no demand for office usage If we had another user like BGI that wanted a consolidation of a 20 acre area and this road was abandoned we would have the opportunity to reconfigure about 23 or 24 acres in this area for a single user Quantum Boulevard would then have access to that property and that user would have access in both directions Any existing utilities would be relocated Mr Willard would like the Commission to be open-minded to this potential In the future If that occurs he would request another change to the DRI and at the same time Identify the user Commissioner Bradley referred to staff's comments regarding the City park and some of the access problems Mr Willard thinks there was a mistake at one point about where we were considering potential abandonment of that road It WIll only be in the area between the lots currently owned by Quantum Access would still exist to the City park from Quantum Boulevard With regard to the abandonment of the alley, he understands where the right-of-way goes There are some existing utilities in that road right now They would have to be relocated If we have an opportunity to replan this area especially for a particular user, we can site plan around that. He would consider reconfiguring or dealing with Lot 31 which juts out into the City park and currently provIdes a substantial obstacle in site planning the ball fields ..- Vice Mayor Titcomb asked if it is conceivable as an alternative to outright abandonment, that that road be rerouted along one of the perimeters, either the western or eastern edge of all those lots combined Mr Willard did not think so He said the roadway is 60 or 75 feet in width The reason for the abandonment would be to gain as much width as possible between the canal and the lake in order to create a larger area to site plan To continue to have the road along the canal or along the inside would defeat the purpose of the reconfiguration and make it a different planmng prospect. 20 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 Vice Mayor Titcomb pOinted out that a user would not necessanly have parking or pavement that would go around the eastern and western sides of their bUilding If they combined all those lots Mr Willard said not necessanly but even if they did It would more likely be a parking lot or storage area and not sUitable for through traffic for public purposes Mr Willard referred to the handout that he distributed and stated that paragraph numbers 32 through 36 are Intended to be in order of the conditions of approval on Exhibit F to the Planning and Development Board recommendations These are the additional City Commission comments Paragraph 32 has the effect of deleting the requested commercial designation on all the lots other than the three that he mentioned earlier plus Lot 1, which is the lot that Boynton Hospitality wants to put a Hampton Hotel and restaurant on Paragraph 33 would delete condition 20 of Exhibit F which was a condition relating to transportation That would not apply if Lots 83 84 and 85 were not commercial There would not be a redistribution of any commercial traffic and the need to monitor that intersection beyond the monitoring that is already in the development order agreed to last fall With regard to paragraph number 34, he stated that note number 5 relates to the future abandonment of Quantum Boulevard We do not have to address that this evening since we are withdrawing it. When we have a particular user, we could bring that back to the Commission's attention Paragraph 35 refers to note 2 on the master plan This note provides certain limitations on different land use intensity for the property (industrial/commercial/office) and under commercial it says, "commercial, including hotel and club" The reference to "club" has been deleted. This was a carryover from the 1984 master plan Paragraph 36 suggests that if the Commission sees fit to approve what is now being requested as amended, he will come back and revise the master site plan to be consistent with these designations and then a revised ordinance can be prepared incorporating the May 20th plan as approved by the Commission Tambri Heyden, Director of Planning and Zoning, said Mr Willard has deleted the request to "pre-abandon" that section of Gateway Boulevard and also added the option of industrial along the lots that abut Dos Lagos She pointed out that the handout does not includes comments 9 through 13 which deal with traffic, She said Mr Willard 21 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 indicated that since he IS deleting many of the commercial lots that he originally proposed those traffic comments are not necessary She has not had an opportunity to discuss this with Palm Beach County Traffic Engineenng or Treasure Coast to find out if that IS In fact the case Because there are lots along Gateway Boulevard that are adding an option to them either industnal or office, and knowing that the intersection at Gateway and High Ridge was the problem intersection and that the issue was not total tnps per day but peak hour she believes there IS a potential that there may stili be a traffic concern with the additional designation With respect to Lots 66 67 A and 67C the five lots along Gateway Boulevard on the south side that are between Park Ridge and Quantum Lakes Drive are already deSignated for commercial Ms Heyden said Mr Willard is proposing that the three lots Immediately south of there that are clustered around the cul-de-sac that stems off of Park Ridge Boulevard be retained as commercial She would not recommend this because there is an opportunity for the City to market this piece of property for consolidation to an industrial user There is only one opportunity left in the park to consolidate land, namely, the lots that back up to Dos Lagos. Since It IS adjacent to residential, she believes those land uses are incompatible If we allow commercial on them now because of the prime location at that intersection, It will go as commercial very quickly She had no problem with conditions 33, 34 35 and 36 as proposed Mr Willard stated that it is true that this IS a potential area of a combination of lots however five of these lots are already designated commercial He would like the three lots that were previously approved for a hotel to have a commercial designation instead of a hotel designation By labeling them OIC, they are approved for office, industrial or commercial use If the appropriate office, industrial, or RNB or whatever type of user came along and wanted to acquire all of them, we would sell all of them to him Designating them commercial does not preclude the potential combination for an office or Industrial use. Virtually all local codes identify hotel as more of a commercial use than as an office or industrial use With respect to the traffic concern, with the elimination of the requested commercial on Gateway, the lots on Gateway that were previously identified as office now could be developed as office and industrial Virtually every transportation planner agrees that industrial uses are less traffic intensive Our transportation engineer has submitted an analysis to the Regional Planning Council confirming that even with all the commercial there is no increase in the potential trips generated by the project. With the elimination of commercial, there certainly will not be an increase In addition, we already have monitoring provisions in place for identifying the improvements at the intersection of 22 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 Park Ridge and Gateway He would not suggest Imposing any new traffic requirements when clearly the purpose of the change is simply to combine and make a little more flexible the existing approved land uses wlthm Quantum Mayor Taylor opened the Public Heanng, however no one wished to speak on this Item Ms Heyden said it is true that those uses are less intensive than commercial however the Issue IS the "peak hour" She referred to comments 9 through 13 and stated that not all of them deal with commercial She would have to inform the Region that the applicant has amended his request and have them advise us as to how that affects the traffic study This can be done by the. next Commission meeting Mr Willard said there IS ample mformation available in the record He did not believe any more input is needed from the Region There are no objections from the DCA or the County Several of the issues raised have nothing to do with this application With regard to the traffic calculations in general for Quantum Park, Vice Mayor Titcomb asked If there are caps or totals for the entire project at buildout. Ms Heyden stated that the master plan indicates a cap of square footage for each of the uses Comment 10 deals with the discrepancy between staff and the applicant as to what the maximum square footage IS for office There is a discrepancy of 200,000 square feet. Mr Willard addressed the four items in the letter dated April 16, 1997 from James Snyder of the Treasure Coast Regional Planning Council to Ms. Heyden This letter was responded to by Kimley-Horn and Associates, Inc. on May 2, 1997 He referred to the pre-application meeting and another meeting between Mr Godfrey and the Region's Planning Transportation Consultant on the methodology of the analysis that was done for this application which was submitted and conclusively showed that there would not be an increase in overall trip generation within the park as long as we stayed betow the thresholds for the different land use categories that had already been approved So the fact that we were providing more flexibility by showing office or industrial on some lots did not increase traffic because we had thresholds that we could not exceed for total square footage in each of those categories The only concern of the Regional Planning Council at the pre-application meeting and during the discussion of the traffic methodology was that since we want to expand commercial in all these different areas, especially on Gateway, and even though we are capped with the number of acres and the number of square feet of commercial, the trip generation could come from different directions. Therefore, if we had a lot of commercial on Gateway, 23 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 trips generated from there would be traveling eastbound on Gateway instead of up and down High Ridge Those elements were considered and our traffic consultant concluded and the Region s consultant agreed that the proposed Improvements that were agreed to by the CommissIon last fall at the corner of Gateway and Park Ridge would be adequate to address those Impacts They would be monitored as bUilding permits were pulled for any of the lots up and down Park Ridge and High Ridge Notwithstanding that acceptable traffic study Mr Snyder generated a letter stating that the traffic study done last fall for the CarMax project assumed a total of 1 000 430 square feet of office versus the master plan which approved 1 687 000 square feet. While It IS true that the study that was done last fall may have understated office a couple of hundred thousand square feet It overstated Industrial by a million square feet. The difference more than balanced out In a reduction In trips rather than an overstatement of trips There are two things on this plan In addition to the caps on square footage and acres There IS a trip generation Total vested trips for the project shall remain 63,752 average daily trips That has been approved on numerous occasions and stays on the plan That number Will not change At that time, we were looking at a number of different development scenarios and trying to maximize the trrp generation and did not exceed the vested amount of average daily trips under any of those scenarios Mr Willard also pointed out that in his experience it is virtually inconceivable that Qua'1lL =>ark will ever develop out at anything close to the maximum thresholds that are already vested on the master site development plan, nor will it generate the kind of trip generation that it is vested for because we are experiencing absorption of more acres at industrial type thresholds When you take into account the high school property and the CarMax use, there is a lot of acreage being eaten up by uses that are either below what was originally forecast or approved He did not think we are gOIng to see anywhere near the thresholds being addressed on the project. Ms Heyden could not comment on this until she receives advice from someone who has a traffic background Commissioner Jaskiewicz asked if Mr Willard has exceeded any plans for other than 47 acres for commercial Mr Willard advised that he has not. Mr Willard addressed the second item, which is that the Region Planning Council wanted a cap of 400 hotel rooms in the project. The original application for development in 1984 contemplated in its traffic study two 200 room hotels However at 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 the public heanng last fall there was discussion about the different caps on the density within the project and we included a conversion factor on commercial square footage which IS on the face of the existing approved plan When the Hampton Inn is bUilt. we Will multiply the number of hotel rooms by 268 and deduct It from the permltable development of commercial space within Quantum Park He did not see the need to arbltranly limit the hotels to 400 and he did not think this was a Regional issue He advised that there IS a conversion feature that would address the deduction of commercial trips and square footage if more hotels were built. Ms Heyden agreed with Mr Willard that this condition exists She stated that there IS some protection so long as we know how to convert apples to oranges She said It is up to the Commission whether or not they want to limit the number of hotel rooms In Quantum Park given the impact on other hotels In the City From a traffic standpoint. she felt the City IS protected Mr Willard addressed the next Issue, which was that the eXisting master plan identifies vested trips In terms of average daily trips (63,752) The Region wanted it generated In terms of peak hour and in his letter, Mr Godfrey's stated that the daily trip generation was requested by the City due to the fact that Palm Beach County Traffic Standards momtor traffic on average daily trips, not peak hour Average daily trips for different types of land uses is easily convertible under the ratios and conversion features of the International Transportation Engineers That number can easily be obtained If necessary; however, he did not request anything in this amendment that would change what was previously approved on the plan last fall If he needs to do any more traffic studies to look at peak hour trips, he can do that; however, he does not need to change the DRI Mr Willard addressed the last issue, which was that Mr Snyder wanted annual monitonng of the intersection of Park Ridge and Gateway, In light of the additional commercial uses that were being requested along Gateway Last fall, we agreed to prOvide a triggering mechanism for the momtonng of Park Ridge and Gateway Every time a building permit is pulled, a traffic report would have to be submitted Identifying trip generation and peak hour trips at that intersection When we hit certain thresholds we would have to make improvements to the intersection This was adequate then and Mr Willard felt it is adequate now, especially in light of the fact that he IS withdrawing the request for commercial usage there Ms Heyden stated that the issue is not "average daily trips" The project is vested for a certain number of average daily trips It has been vested since 1985 However we 25 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20,1997 have had five NOPCs m three years that have changed the location of all of the uses Therefore now we need to be concerned about peak hour trips and the Impact on the Intersection of Gateway and High Ridge Last summer when we added the additional commercial, we placed a condition in the DRI Development Order that dealt with peak hour/peak season When every permit comes In they have to submit a study The problem IS that it has not been a true study We have been getting a letter Indicating the number of peak hour trips and the total number of tnps associated with that use However we cannot tell cumulatively what the affect is This is why the Region wants a check pomt once a year of the traffic situation given what has been approved Mr Willard stated that nothing in this particular application addresses the need for that Every time we submit a Notification of Proposed Change for a limited purpose, In this case to address the land use deSignation on the lots in Quantum, It turns Into open season fc" the Regional Planning Council and Ms Heyden to propose conditions that do not have anything to do with the application but address something that they now feel needs to be addressed A complete traffic study was submitted last fall The triggering mechanism IS the trip generation The wording of paragraph 13 is inappropriate It states that annual monitoring of Gateway and Park Ridge shall be performed at the end of every year to determine when and what improvements are needed to maintain the intersection at the adopted level of service Mr Willard said this IS a vested DRI It has trip generation rights from 1984 that predate the adoption of concurrency We do not have to concern ourselves with concurrency with respect to Gateway other than last year when we voluntarily accepted the obligation to make Improvements to Park Ridge and Gateway because the CarMax project was going in and that was going to change the character of the trips being generated on that roadway Ms Heyden stated that the project is vested for average daily trips A project is vested so long as you do not make a modification When you make a modification, you are subjecting yourself to new regulations We had a methodology that was in place in 1985 and a methodology that is in place in 1997 and they are not the same So there is a difference between two traffic engineers not agreeing with the methodology because they have to make it up as they go along Mr Willard pointed out that the Department of Community Affairs is the only state agency that has appellate rights to the Commission's action this evening The DCA has Issued a letter stating that none of the issues raised in the original application, which Included all the commercial, is of regional concern to them and they do not intend to appeal 26 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Mayor Taylor asked if we could require a traffic study when the next project comes In Ms Heyden answered affirmatively and recommended that the City hire a traffic consultant to review that study at the expense of the applicant. With regard to Lots 66 67 A and 67C Mayor Taylor did not want to approve any more commercial until he knows what it IS He pOinted out that this IS an industrial park Mr Willard had no objection to submitting a traffic study when the next project comes In if It IS a project that is inconsistent with the land uses approved Motion Commissioner Bradley moved to approve the request to amend the previously approved PID master plan in connection with an amendment to the DRI subject to staff comments, including the Planning and Development Board comments, including Comment 17, deleting commercial and retaining hotel, office and industrial use on Lots 66, 67 A and 67C commercial designation on Lot 1 to allow for a restaurant, and accepting Items 32, 34 35 and 36 Mayor Taylor asked if Item 32 included all of the commercial lots Mr Willard said no- it has been amended to delete 66, 67 A and 67C which will stay office/industrial/hotel Ms heyden asked for a clarification about the traffic study Commissioner Bradley included in his motion that the applicant pay for a traffic study when a project comes In on a parcel that in any way is different from the uses approved tonight. Ms Heyden pointed out that a traffic study is going to be automatically required with any future DRI amendment. It does not address any potential concerns with this application once these lots are developed as proposed There are other lot options as part of this application besides commercial Mr Willard stated that virtually everything had previously been approved for office Most of the changes pertained to adding industrial as potential additional uses, such as the BGI lots which had been designated office and were changed to industrial, which created a far lower trip generation Commissioner Jaskiewicz seconded the motion 27 I'#"" _....-.}.d-.,....;..~_~ MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 20, 1997 Attorney Goren stated that this IS a master motion with several subparts and the approval of the main motion would approve each of the subparts as provided by Commissioner Bradley The motion carried 5-0 VIII BIDS None IX DEVELOPMENT PLANS A Project: Agent: Owner' Location Tara Oaks Susan Pnllaman, Pulte Home Corporation Tara Oaks Development Corporation, Bill Winchester President Northeast corner of Woolbnght Road and Knuth Road extended Time Extension - Request for a one year site plan time extension to expire February 18, 1998 Description Mayor Taylor advised that staff recommended approval of this time extension and by a 4 to 3 vote the Planning and Development Board also recommended approval Kieran Kilday represented the contract purchaser He had no problems with the comments in Exhibit D Ms Heyden recommended that the City Commission delete comments 5 and 6 and approve comment 11 which best protects the City to ensure that the back fees and this year s fees are paid Mr Kilday had no problem with this He intended to pay both fees Motion CommiSSioner Jaskiewicz moved to approve a one year site plan time extension to expire February 18, 1998 taking into conSideration all staff comments, substituting comment 11 as stated by Ms Heyden to replace comments 5 and 6 Vice Mayor Titcomb seconded the motion, which carried 5-0 28 MEETING MINUTES PLANNING & DEVELC. AENT BOARD BOYNTON BEACH, FLORIDA MAY 13,1997 enforce the presentation of the sign package to the Planning & Development Board or they will have to brrng back the sign package at a later date Motion Mr Aguila moved that we require all applicants to submit the sign age package wIth the site plan approval applications as part of the package or that the sign package comes before the board at a subsequent time It must be reviewed by this board Mr Wische seconded the motion which carned unanrmously 2. OLD BUSINESS None 7 NEW BUSINESS A. SUBDIVISION Ma!:ter Plan Modification 1 - Project: Agent: Owner' Location Description Quantum Park PID James G Willard and Bowen LLP Quantum Associates West side of the Intersection of 1-95 and Gateway Boulevard Request to amend the previously.approved PID master plan In connection with an amendment to the DRI as follows Change in traffic distribution due to possible future severing of Quantum Boulevard between Lots 22 and 31 and Lots 6 through 11 and change in the master plan designation of Lots 6 7 8 9 10 11 22 23 24 25 26 27 28 29 30 31 2, 3 15 16 and 40A from office to office/industrial use to office/industrial/commercial use of Lots 12 13 and 14 from office/research and development to office use Lots 32 33 24A 34B, 35 36 37 and 38 from office/industrial to industrial use of Lots 17, 18 19 21 39 52, 81 82 83 84 and 85 from office to office/industrial/commercial use, of Lot 40 from office/government and institutional to government and institutional use change In the master plan designation of Lots 58 59 60 61 and 62 from industrial/research and development to office/industrial use change in the master plan designation of Lots 86 87 88 89A. 898 and 90B from research and development to officelindustrial use, change in the master plan designation of Lots 65A, 65B 67B and 91 from office/hotel/commercial to office/industrial/commercial use, change In the master plan designation of Lots 63 and 64 from office/commercial to 3 ----- -_.---------------~- MEETING MINUTES PLANNING & DEVELOr :NT BOARD BOYNTON BEACH, FLORIDA MAY 13,1997 office/industnal/commercial use change In the master plan designation of Lot 90A from research and development to government and Institutional use change In the master plan designation of Lots 68A and 68B from research and development to office/industrral/commerclal use change In the master pian deSignation of Lots 56 57 69 70 72 73A 73B 74 and 75 from industrial to office/industrial/commercial use change In the master plan designation of Lots 46A, 48A, 48B 48C 50A 50B 51 Band 51 D from Industrial to office/industrial use change In the master designation of Lots 76 77 78 and 79 from Industrial/commercIal to commercial use and change In the master plan deSignation of Lot 80 from office to commercial use Chairman Dube acknowledged the arrival of Mayor and Mrs Taylor James Willard. Shutts & Bowen. Attornev for Quantum Associates. owner of the remaining undeveloped lots in Quantum Park, presented this application The two objectives of this application are 1 A change to the land use designations on the different lots in Quantum Park - The Development Order for the Park which was approved in 1984 designated very specific land uses on each lot platted in Quantum Park. Since then many of the lots have been developed In accordance with that master plan, and some have been developed for slightly different uses There have been numerous changes to the Development Order which goes through a State process The applicant eliminated a number of categories that were prevIously-approved on the plan such as hotel and club and research and development. In favor of industrial commercial and office Because much of the land has been sold and is approved for development or already developed the appropriate land use can be identified on the remaining lots Therefore the applicant has identified the land use designations for the remaining lots without going through DRI review All of the disagreement with staff has to do with the following a The applicant has asked for the potential of commercial use on lots fronting Gateway Boulevard and on lots on both sides of Park Ridge between Gateway and the south lot facing 1-95 and b there is some disagreement on whether the lots In the northwest corner across the canal from residential should be allowed to develop for industrial or light industrial rather than office By having multiple designations on each of the lots the applicant will avoid the necessity of DRI amendments if a proposed user wants to develop either an office industrial or commercial use on a lot that is permitted for that purpose per the Development Order Individual uses 4 MEETING MINUTES PLANNING & DEVELOF- cNT BOARD BOYNTON BEACH, FLORIDA MAY 13,1997 will still have to come before the Planning and Development Board under the pro zonrng classification as a permitted use 2 Most potential users have expressed to the developer that the office lots on either side of Quantum Boulevard are too small The depth and width of the lots between the canal and the road will not accommodate the size bUilding pads they would want to develop If a portion of the road was abandoned there would be an opportunity to reconfigure the property Into a single large bUilding site that would still have access to Quantum Boulevard The developer can then assemble 25 acres to custom deSign It for a particular large user The purpose of getting thiS approval at thiS time IS to eliminate It as a regional Issue so that It will not require further DRI review The State Department of Community Affairs has Indicated that they do not consider thiS a regional Issue and they have signed off on thiS applicatIon ThiS would still have to undergo a City of Boynton Beach road abandonment petItion be replatted as a single lot. and any services located within the area would have to be relocated Those slte~speclfic Issues would not surface until a user IS Identified and approval IS requested for an abandonment application With regard to the issue of the land use deSignatIons Mr Willard pomted out that regardless of which lots are deSignated for commercial the extent of commercial development In Quantum Park IS limited to a maximum of 47 acres and 426 888 square feet of gross bUilding Those limitations will continue to apply The applicant is of the opmion that the lots fronting on Gateway and fronting on 1-95 as well as fronting on the west Side of Park Ridge have the potential to be marketed for commercial uses Tambn Heyden Planning and Zonrng Director explained that the City does not have its own traffic engineer We rely on the County traffic engmeer to review our traffic studies When DRI amenc..me ,ts are involved we send copies of the traffic studies to the County and the Treasure Coast Regional Planning Council and rely heavily on their comments The Region s comments were forwarded to Mr Godfrey the applicant s traffic consultant. We anticIpate receiving a copy of the Region s response to Mr Godrey on Thursday Therefore even though DCA has reviewed thiS application with regard to State issues we rely on the Region s comments for traffic ThiS request revolves around traffic. It is critical that the City take a position and make a determination about where it wants to see these 47 acres of commercial land Last summer the City Commission decided on the location of those 47 acres One of the reasons for thiS application IS the need for flexibility Ms Heyden explained that Boca Raton is gOing through a DRI process for a 5 million square foot light Industrial park, Therefore this application would have had more merit a few years ago when the economy was stagnant. In Ms Heyden s opinion the focus on flexibility should be relevant to the location of the industrial uses Ms Heyden advised that the back-up material contained nine or ten points relative to where the commercial uses should be located Ms 5 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 13, 1991 amendment The purpose of that note was to ensure that any changes would come back to the City Commission Mr Willard said the applicant IS negotiating with a large distribution warehouse user for the group of SIX lots at the northwest corner of Gateway Boulevard and High Ridge Road This would elIminate the need for any commerCial In that location This IS a situation which might happen on many of the lots Mr Wische questioned why staff was not in agreement with the applicant s request since the City CommiSSion granted the ability of this applicant to request a change In land use designation Ms Heyden explained that with the last Notice of Proposed Change there was a conflict In the note that was put on the master plan that Indicated that commercial uses could be moved around on the master plan without approval of DCA and Treasure Coast Because of that conflict and the understanding that when the uses are moved around there will be Impacts on segments of roadways and the intersection of Gateway and High Ridge Road the Commission asked the applicant to come back to resolve Note #4 by submitting another amendment. That action by the Commission was not an Indication that they would be receptive to additional commercial Mr Rosenstock felt this was an attempt to Juggle the property to possibly satisfy the request of a potential purchaser He asked Mr Willard to request the change he needed on only the speCific lots he may be in the process of selling Mr Willard felt this would create a lot a obstacles to purchasers because the entitlement rights to the property they may want to buy are not available Most of them do not want to go through the uncert?lnty of an approval process The land uses as proposed will prOVide the maximum fleXibility needed to market every lot within Quantum Park Mr Rosenstock expressed concern that If the board recommends changing these designations In Quantum Park, this will be creating a precedent and he does not want to jeopardize his ethIcal position by not having something more substantial to base a change on Mr Agutla pointed out that he understood the basIs of thiS request. However he agrees with staffs position with respect to their objection to the commercial opportunities that will be created along Gateway Boulevard Gateway Boulevard could have the potential of becoming another strip of strips and that is not what was envisioned years ago for this park. This is a substantial change from what everyone in Boynton Beach believed Quantum Park would become ThiS IS the time to stand fast on what we stood fast on when times were bad The traffic WIll be horrendous and the visual pollution will be terrible There are a lot of opportunities for commercial in areas where commercial already exists and on Park Ridge There is no need for commercial on Gateway Boulevard and he will not support that request. In addition he has a problem with the request to close the portIon of road on Quantum Boulevard. Mr AgUila complimented staff for their report on these Issues 7 MEETING MINUTES PLANNING & DEVELOPMl BOARD BOYNTON BEACH, FLORIDA MAY 13,1997 In response to Mr Rosenstock s question Mr Willard explained that Mr Aguila s concern could be addressed if the commercial designatIon IS eliminated on the lots fronting Gateway west of Quantum Boulevard The applicant already has a commercial designation on the lots on the south side The request IS only for three additional lots and because of their location at the Intersection there IS ment to the request. Mr Willard withdrew the request for a commercial designation on Lots 17 18 19 21 39 and 52 The only flexibility the applicant wants IS on Lots 83 84 and 85 Chairman Dube pOinted out that If those lots go to the distribution center the commercial deSignation would not make a difference Chairman Dube realized that the only disagreement remaining with respect to the designation of lots deals with the lots along the canal on the northwest corner (Lots 22 to 31 and Lot 3) Mr Willard advised that these lots are currently approved for office use only The request for Industnal IS limited to light industrial and It would have to be appropriately screened There are many Industnal uses that do not have a great deal of outside activity and would not have any more Impact on the residential area than an office building At some point. the applicant may want to reconfigure the lots to accommodate a large mdustrial/manufacturing user ThiS IS the last area where a contiguous 20+ acre parcel exists When a site plan comes In the Issues Involving the impacts to the residential would have to be addressed In response to Mr Aguila s question Mr Willard advised that no lot in this PID can be developed without the plans first gOing before the Planmng & Development Board Ms Heyden feels Quantum needs to provide the City with a list of industrial uses and commercial uses The request in this application IS a backwards approach because once commercial IS permitted the door is open The Zoning Code is not written by allOWing all commercIal uses and then prohibiting some of them It is important to establish the prohibited uses up front. There are four levels of commercial districts In the Zoning Code Ms Heyden would be more comfortable with this request If she was certain there would not be fast-food restaurants and convenience stores, however Quantum has not committed to that. Mr AgUila generally agreed with Ms Heyden s remarks If the use is allowed and an applicant bnngs m an individual site plan it is very difficult to see the overall effect. He questioned whether the City could request that Quantum use the C-1 C-2 C-3 and C-4 categones as guides to commit to the level of commercial on the parcels Mr Willard advised that he has not studied our Zoning Code but believes Quantum could reference the categories to identify permitted types of commercial activities Mr AgUila suggested that Mr Willard review this prior to the City Commission meeting on Tuesday Mr Willis addressed the staff comments as follows 1 Comment 1 - Paragraph 4 - The applicant has no objection to this paragraph However the applicant rejects the balance of the comments relative to utilities Mr Willard believes that there was a misunderstanding No specific use or change to the utility systems IS 8 MEETING MINUTES PLANNING & DEVElO. ..-lENT BOARD BOYNTON BEACH, FLORIDA MAY 13,1997 being proposed As users come In If relocation or upgrade of utilities IS needed the applicant will take care of that sItuation at his/her own expense 2 Comment 3 - The applicant rejects this comment If the board allows the flexibility of closing the portion of Quantum Boulevard as a DRI Issue Later In the comments IS a reference to making a change to the note proposed by the applicant which currently states Quantum Boulevard between Lots 22 through 31 and 6 through 11 may be vacated to allow development of adjoining lots without further DRI review The applicant wishes to add the following clause "subject to further City approval of a road abandonment application" 3 Comments 4, 5, and 6 - If the board approves this request the applicant rejects Comments 4 and 5 and would include Comment #6 which IS the revision to Note 5 4 Comment 7 - The applicant rejects this comment. He believes this IS a misunderstanding Since any abandonment would stili allow access to the Park from Quantum Bouievard 5 Comment 8 - The applicant rejects this comment since this is not a tOpiC or subject of the request. The applicant has Identified a facIlity manager and he is the same person who deals with Boynton Beach Mall Kevin Hallahan was given hIS name and phone number 6 Comment 9 - The applicant rejects thiS comments since there was nothing In thiS application that spoke about Gateway Boulevard The Original Development Order talks about the widening of Gateway Boulevard Ms Heyden advised that the original Development Order required Gateway Boulevard to be widened to SIX lanes by 1994 The City wants a time certain on this Item Mr Willard requested an opportunity to review the original Development Order to determine If It IS necessary to establish criteria for six laning Gateway Boulevard The applicant is not ready at thiS pOint to commit since this is a major obligation Therefore the applicant wants to reject thiS comment at this time and will address it in the future 7 Comments 10, 11, 12, and 13 - Paragraphs 1 2 3 and 4 are from the Treasure Coast Regional Planning Council's letter about traffic Issues Mr Godrey responded to that letter and that IS Included in the packet of back-up Information Paragraph 20 is a condition suggested by the applicant because he believes that is the only Issue that requires further conditions to be placed In the Development Order There are generous limits on the amount of office Industrial and commercial space in the development of Quantum Park. There were traffic studies generated based on those limits Moving the land uses around will not impact the maximum number of trips generated from this project. It will change exactly where within Quantum Park, some of the trips are generated If the board approves Lots 83 84 and 85 for potential commercial use there could be commercial-generated trips coming south on High Ridge where In the past, there were no trips The applicant proposed a condition that would provide additional monitoring of this intersection and possible advancing of the road improvements that have previously been identified and committed to by Quantum based on trips coming from the 9 -----"----------~----- MEETING MINUTES PLANNING & DEVELOPMEI BOARD BOYNTON BEACH, FLORIDA MAY 13,1997 north In light of elimination of commercial on these lots there will be no greater tnp generations resulting from relabeling of the land designations 8 Comment 15 - The applicant has no objection to this comment. 9 Comment 16 - Lots 81 and 82 were mistakenly included In the list since they are already approved for commercial and some of the lots are withdrawn from the application 10 Comment 17 - The applicant rejects this comment. Lots 66 67 A and 67C were previously approved for office/hotel The applicant proposes eliminating hotel and Incorporating It within the commercial designation 11 Comment 18 - The applicant has no objection to this comment. 12 Comment 19 - The applicant rejects this comment. 13 Comment 20 - The applicant accepts thiS comment. Ms Heyden recommends that. Comment #9 be Included until the applicant's traffic engineer has an opportunity to review this Comments 10 11 12. and 13 came from the Region Until their response to Mr Godfrey IS received do not delete this comment. Comment 15 16. and 17 - It is important to consider that the applicant submit a list of permitted uses before the land uses are changed Comment 19 - This comment was included because there is a Costco planned for the lots The building is large and bulky and without much architectural interest. Ms Heyden would like to see design standards imposed on that building Mr Willard was upset by Ms. Heyden s remarks with reference to Comment #19 because he felt she was using the DRI process to provide a site specific obstacle to the marketing and development of a particular project. He felt this was inappropriate and a good way to kill the deal There are many opportunities during the site plan review process for the City to address buffering and aesthetics. Ms Heyden disagreed that the timing of her remarks was inappropriate because this IS a master plan This is more than a typical DRI master plan involved. Land use and design must be reviewed When a blanket approval is being given for industrial uses without knowing what the use IS you must plan for the worst-case scenario Mr Willard advised that in the future he will avoid talking to City staff about any possible users until those users sign contracts and commit to buy the property 10 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 13, 1997 Motion Mr Aguila moved to approve the master plan modification for Quantum Park PID subject to the following a b c That we delete the commercial use request on Lots 17 18 19 21 39 and 52 that we delete Industrial on Lots 3 and 22 through 31 and reject the request for abandonment of a portion of Quantum Boulevard between Lots 22 and 31 subject to all staff comments except 1 That we delete the first three paragraphs In Comment #1 2 that we delete Comment #7 8 9 10 11 12 13 17 and 19 In their entirety and 3 that the applicant meet with staff In the near future to discuss the traffic Issues and develop some triggering mechanisms for improvements to Gateway Boulevard when appropriate Mr Rosenstock seconded the motion Vice Chairman Golden feels staffs comments were on target and thIs recommendation would take something away from those comments He cannot agree with that. CHAIRMAN DUBE ANNOUNCED A PUBLIC HEARING THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS REQUEST The motion carried 6-1 (Vice Chairman Golden dissented) 8 SITE PLANS New Site Plan 1 - ProJect: Agent: Owner' Location Description Cooker Bar & Grille Restaurant David A. Donaldson Cooker Restaurant Corporation 1333 North Congress Avenue (west side of Congress Avenue south of the Boynton C-16 Canal) Request for site plan approval to construct a 7 886 square foot restaurant and associated parking on 1 68 acres of land Jerzy Lewicki Assistant Planner advised that staff had no additional comments to offer Dave Donaldson, 4980 6th Avenue South, Naoles, Florida, advised that he reviewed Exhibit C" and does not agree with one comment. He reqUIres clarification of another comment. Comment 19 - This is an item in process and the applicant is working with the neighbor to screen the dumpster The 6' height requirement is not a problem However the neighbor 11 FORM RPM-BSP-PROPCHANGE-1 i rn rn ..~" ! rn n Wi ~ ~l , 8~~g~III'11 __ ,'-" 'I 1..-11 L_~<,~. . I d,;rW J' ~_~._ _ ZuNiNG DEPT. . 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 QUANTUM PARK NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380 06(19), FLORIDA STATUTES APPROVED Subsection 380 06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form 1 I, JAMES G WILLARD, the undersigned authorized representative of QUANTUM ASSOCIATES, 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 QUANTUM CORPORATE PARK (formerly known as Boynton Beach Park of Commerce) 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 City of Boynton Beach, to the Treasure Coast Regional Planning Council, and to the Bureau of ~ /7,11ft7 (Date) , State Planning, Department 2 Applicant (name, address, phone) Quantum Associates, a Florida general partnership Attn Arthur Felsher National City Center 15th Floor, East Tower 115 West Washington Street Indianapolis, Indiana 46204 317/263-7035 (Office) 317/263-7303 (Fax) 3 Authorized Agent (name, address, phone) James G Willard, Esquire Shutts & Bowen 20 North Orange Avenue, Suite 1000 Orlando, Florida 32801 407/423-3200 (Office) 407/425-8316 (Fax) 4 Location (City, County, Township/Range/Section) of approved DRI and proposed change The Quantum Corporate Park DRI is located in Sections 17 and 20, Township 45 South, Range 43 East, Palm Beach County, Florida 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 -2- Applicant proposes the following changes to the Development Order A Adoption of Master Site Development plan Amendment No 8, attached hereto as Exhibit IIAII This Amendment accomplishes two objectives First, it simplifies the land use designations on lots within Quantum Park by reducing the number of categories of approved uses For example, we propose eliminating separate designations for II Club II and IIHotel1l use These would be permitted uses within the more generic II Commercial II designation Similarly, we propose eliminating the term IIResearch and Developmentll which would now be a permitted use under the broader designation of II Industrial II The second objective is to increase marketing flexibility for the remaining unsold lots by providing multiple land use designations on the lots which are appropriate for such potential land uses Although many lots would now carry multiple use designations, the overall intensity of development within each category would still be subject to the originally approved maximum levels Because of the wholly developed infrastructure of the project, i e all land is platted with completed roads, drainage and utility infrastructure, applicant contends there is no adverse impact from the potential relocation of land uses within the project As a result of the pre- application meeting with the City of Boynton Beach and Treasure Coast Regional Planning Council, the applicant was directed to focus on transportation impacts In accordance with the analysis performed by the applicant's transportation consultant, Kimley-Horn and Associates, attached hereto as Exhibit IIBII, it is submitted that no adverse traffic impacts would result from the proposed change B Provide for the potential redevelopment of Lots 22 through 31 and 6 through 11 (located in the northwest portion of the project) in conjunction with the abandonment of Quantum Boulevard contiguous to said lots Marketing efforts over the last twelve years have confirmed that there is little, if any, interest in the -3- acquisition or development of the subject lots because of their small size and substandard dimensions However, several prospects have indicated interest in combining these lots into a custom development site, provided Quantum Boulevard could also be vacated through this area Because of the limited transportation function served by Quantum Boulevard, the applicant contends that such a reconfiguration and partial vacation of the road can be accommodated without adverse traffic or other impacts to the balance of the project Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate Additional infor.mation may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts 6 Complete Chart for no change the attached Substantial Deviation Deter.mination all land use types approved in the development. If is proposed or has occurred, indicate no change No change to the DRI is proposed other than as set forth in paragraph 5, above Because of the multiple land use designations on many of the lots within the DRI project, the Applicant submits that completion of the Substantial Deviation Determination Chart would not be productive 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 Deviation Deter.mination 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? Original Development Order December 18, 1984 First Amendment to Development Order June 3, 1986 -4- Second Amendment to Development Order October 21, 1986 Third Amendment to Development Order February 2, 1988 Fourth Amendment to Development Order April 19, 1994 Fifth Amendment to Development Order November 15, 1994 Sixth Amendment to Development Order July 16, 1996 Seventh Amendment to Development Order December 17, 1996 The purpose of each amendment was to change the Master Site Development Plan to achieve more flexible land use approval There has been no change in local government jurisdiction for any portion of the development 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 ~ mile on a project master site plan or other map No additional lands were purchased or optioned since the approval of the initial Development Order 9 Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380 06(19) (b), Florida Statutes Because the proposed change does not seek to add any development intensity to the DRI, Applicant contends that the -5- proposed change is therefore less than 40% 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 x NO 10 Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates The proposed change does not result in a change to the buildout date or any phasing date of the Project 11 Will the proposed change require an amendment to the local government comprehensive plan? The proposed change will not require an amendment to the local government comprehensive plan 12 An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions The proposed Amended Master Site Development Plan is attached hereto as Exhibit "A" 13 Pursuant to Subsection 380 06(1) (f), F A., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify a All proposed specific changes to the nature, phasing, and build-out date of the development; to development order -6- representations 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 characteristics or components of the proposed 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 for 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 developmentr e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable, and f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.02S(7), F.A.C. The proposed Amended Development Order is attached hereto as Exhibit ncn -7- J i " \ < .~ ~.." -~. _jJ _ 'V ~ J 1 y . . I ~ I ; ~\. \ ORDINANCE NO. ~ 1-5/ . ....~ ( ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVtNG A COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT (DRI) FOR A PROPOSED INDUSTRIAL OFFICE PARK COMPRISING OF APPROXIMATELY 539 ACRES LOCATED IN THE CITY OF BOYNTON BEACH, FLORIDA, PURSUANT TO CHAPTER 380, FLORIDA STATUTES 1984, SUBJECT TO SPECIAL CONDITIONS, DESIGNA~ING THE CITY MANAGER OF BOYNTON BEACH AS THE LOCAL OFFICIAL RESPONSIBLE FOR ASSURING COMPLIANCE WITH THE DEVELOPMENT ORDER WHEREAS, RITECC DEVELOPMEUT CORPORATION, a Florida Corporation, has fil~d with the City of Boynton Beach an .t.... Application for Development Approval of Comprehensive Development .:.~.. 1''; ~-: t.,;,." ~;;:;~':I;.of Regional ImpactJ ~md . i.r"~!":"~~':""\o,a;'" .; ~ ~., ":. -." ~.:~, 'S. .; ,:...~~ 1-~ !::j:.l::' J.{.I-'" I.... . _ l'...W~y~~t..;..,.,r,..,.WHEREAS, these proceedings relate to a proposed regional '.',~~..,!, } .!..~.':." [. ~,-:.<II I..~.'., ,. :,!~h,-..e..!.'t...,.... . ~{~~iindustrial office and commercial park comprising approximately five t~~~g~'~~~~~" thirty~nini~I~:~'~.9ilO":; (539.9) acres, located in the City of l~t~~t;~~~~~'hBeach: "p'~i~~:-~;~~~'~'~~~~'ty:~ Florida, generall.}' east of ~ ....&:I~ ,t~ . ~~~:;;~...! '~., !~.ol'~. Congress Avenue -and we!.it of Interstate 1-95; and !.f~\ :f ~ I) ,!.. ,>":1';' :.. ; .~ . ; I i' .' 'I~. ...... .. ".. f ~ .. I ; ..:......i. ! -:-~. :" '..-1. r:: -r ~ ....:. WIlEREAS, the City Council of Boynton Beach, as the governing .~ , i' \ body having jurisdiction, is authorized and empowered to consider ~I. r t:.-..,:.."""c. ,~, r. :. 11":.applications for dev ~lopment approval of developments of regional ~". . \ ti!..~~~'~-r";,,..;It'l!'I"F:;;.l~J!::I::V~~ 'i..:'....'~...-.n..J ,I .- 'uJ'J.'A~!~f~,~C.~,,;~~~suant I!:"O_.C Japter 380., _~lo~1d~ .statutes (1984); and ,. ;".1". ".~~~...,,;,~~'r .....,;.- . -;: ~-:~:: ; ,! .~ WIlERE1\S, upon I- o.lblication and furnishing of due notice, a . 1 ""\1."1: ""..:1.. f" (". - , '. 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 WHERE1\S, 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 ~nd 20ning Board, and the public; and . .- .'~ ._.. I i- I' . ;f..' .. , l' po e.!.' , - ,~- to ~ ~ .. ':1"~ :-.:. ;.'~ .~ .; ~ .. .~....... has :'::l~,k;.t~..~ ...".....#; ..., :;;--II - .}~ !.f;L~~~,~~ -; ';. "j,~":1~~~ ./ r~..;,~G"iii{4'i] \ ~-,':i~f1-~ -~iJ:f~~l~~~' . ";:(';"~h~ -;= fr)';t";;.!.X: - q;..... ~..:r>x~; , . f'''''!:\~~' .. !~t..,..:~..~...-.. i..~1,/'~.tt..~~ ~~;~I';"'.~~ <i~,i-~~ ~".:~.J~, '~?~~~..~:; t~t interfere with ''':i,.;.~j;-l:'i'~ '........~-,..ra~.~-~.f: .;~-..c.;,'~,~ . '-~i:;~~~ \..: ~-:~. ~ ; f~~ , . ~. i,~ . i: 'L I,. .~ or . ( (. ~( WHEREAS, the City of Boynton Beach and the applicant, Riteco Development Corporation, agree that the proposed Development of ~ Regional Impact, which is the subject of this Development Order, ....~ ... will result in a substantial impact on the existing civic and non-recreational facilities of the City of Boynton Beach. In :7 , recognition of such impact, Section 34 of-the conditions for approval have been included herein. WHEREAS, said City Council, has considered all of the foregoing. NOW, THEREFORE, BE IT ORDAINED by the City Council of Boynton Beach, that said City Council makes the following findings of fact: , ' -' j.- , f~:~~i;-i~. :..~ .\."':'"',.....".:....."'.".-~&:' :.'..~~'!~f;'ywas duly published in The Post Extra, 9/6/84 , .~~:~..... '", . ~'l'j;~ ~itf.'J.i ":"'~':' , '. . !~"~i"~-;,,l-'~, , .~;'.~~;J:.~~; general circulation in :"-!.=~;0Vr.f~ t .~ ~.~~~~Section 380.06, Florida Statutes, and proof of said publication .:.t.;'" _"~~':.,Ir'''''''" .' , .- _' ~ '~"J2i'r'~':~.!'1" ....;'l:;. ~'-!''''''" .\ ~ ;,.~ ",~~~j~.~. . . , 'i~i~A:,been duly filed in these proceedings. .r~, "mt~... . T' - , tl:i";\'~' .....,,');... '''-''i,';' . Ill. ..." ....~.f.;..1~~,5~~:.l:- . i....~~~>..<.;;~;:i..,;.i . Section 2: r,,,~ .,. - .-- ..~.':.. ,~~~'(.E-', Section if. :~: Section 1: A notice of public hearing in these proceedings , a newspaper of West Palin' Beacn '---;-Fiorida--pursuant to Upon consideration of all matters prescribed in $ 380.06 of the Florida Statutes, it is determined that: .~i '" t"'tt'''-;' "'" J.~ . '-"..4~ ~H~ cri tical state concern. ~':; '''~'!: ~ --.._ = -;..~';' 9- =- '~~~~;~~wr-''f~~~i..tt"j:>')B. ~~t.:;: The development does not unreasonably . ....fJ"t-~.....~ nu-. ..._nt ~c :!,~~~:'_.;...' J"wI I '-__ :,i _ - ~Vt'...~)tA~ '~""......"w- ~4f~l'U~ ~.tI ,!"-.- ~!:a~..&..\oI~: ~~:~i-'":~~ .._ ... _~ '\~ ......._ ._ __ ~ i f~i~nd ~~'q9t_inconsistent with tb~_ac~tevement and the '"''''I''' - rvt!E.P.c.~1:i U!=0n pUCl..i.r.:at.lon Cl,id LUL ~_ ... - _>- u~_ f state land development plan. 1\. The development is not located in an area of .,. .~ objectives of "-___/ L. l' 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- '~,.l,~~ - ~~-~._'~'.'~" -"'-----j-- i:.' ~~?: , J . .... ~~....: i -. - . r ~~r \. .".. ~i V ii~~ t .~ -;~.- ...~ ,~v J~ ~.'. ~._.~,-j.' -~.. .;--:- ~~f; ~.~,'" 1~~' r -~ -' "to\- .- ~l~j .... .~~ " ~ . ~ - ,.. ; _, :i-~r~: .. ~':t'1':=X.' >.....; ..~ ~ql~1.~.., ""JJ:;\',~ _ "J~.J";'",..J~' . -. ~~~ '";.c; '~ i'.Jo~.~vo{l';JT~ "''':' ;.':.""'''~21 ,"." ,. ............0 .~:t"'- ~ Ie. .:: :!!;'.;;.1El~:~~~ . ,;:.. .... :;.'....1c::iJ:;1!'~ :"r "~;'''~,-:$~~~~ .. ~ I I", ., ;4 " CORPORATION is enti~led to the relief prayed and applied for in the Application for Development Approval (ADA). Section 4: .rhe 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 pro~erty known as the Boynton Beach Park of Commerce, more partlcularly 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 Boyntc~ Beach Park of Commerce Application for Development Approval is incorporated herein by reference and relied I, ')'i~~j,. upon by the parties in discharging their statutory duties under f~'\"'!~/'>, I ' ~~}:1~~~~'Chapter 380, Florida Statutes. :~~~: (~. i '~J ~;,'I'. "~!:' .\~ representations contained in the Application for Development i.i~.....}t~J..~..t,\~....t.._~ -: ~",I . ; V~~Approval is a condition for ipproval unless waived or modified by ".;.....,.f'..~~;. .~ . .t,',,: ,(;,..,.. agreement among the parties, as defined in Subsection 380.07(2), -... - -- $' ~ubstantial compliance wit~ the .. 1 , Florida Statutes. For the.purposus of this condition, the Application for Development Approva4 (ADA) shall include the following items: ~,,:J\~l;'i-(:~.t~.~:~:ti~~:.,,:.. ('a) Boynt =m Beacnl Park .of ~Commerce ADA, 1submi tted l"'=: wltfL. l....-:.~ .r"":...., ..,...t-Ai; 'I:.... :.:J ~ '\ May 21:, 1}t.984 J cons ,u~ r en _ "i:'" the' aClll. -= /I-'rr'" n ~ <:l,nd \:h~ otij "':'=I:i "es of I _.( _ _ 1'.. (b) Boynto. Beach Park of Commerce ADA Supplement, submitted July 26, t984: (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 sit~ preparation work for any portion of the project. -3- . .r' \ ::.. I , -:~""~':': r I i " ~ .;, r ~. it '"f?7."~i. . ! _ ~~-., ,. '~t:.. '~.r; - ., I'.::''''~': '- .,.,' , ':r ~~~ ~~ tt: .. .. .. - , ~i'J~).~-j :~:, -. :~~t~\~ if' "A'''-~'' . -; : :~~I:~:\~ .::.-J:"~.;,:,""i~ . '::,'-f'.i!. . '........;: ~;.;.! .~ti0~~~.: ..... . __"".t -:~.'!:; :;:'-, ~~. ..~ . ~ ~ ,\. !. ,i; !..~ ~.:t JOi"t~ \ ~ ~~;!'~:- :i'f .;..;~~lf:~~}"~~ ... ~ \oII-,j '..... ..,1\l;;;;:,'''~t-/' '. ~~'."~::: ..l/i'~~t ,..~ ':r.~";' -~.~::. \:f?t~ ott" ~ , :,l~ "! ""S '!' !,- :. .;: ... -- ". 'f~ ... ~ ;.;.. '. ;i?' :. ~Tt , j. Ii I t -1 , "-: .. ." .t)' I, - I , (3) Clearing of specific building si tes Shilll not conunence prior to the phase in which the site is schedulec. 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 th~ City of Boynton Beach. (5) In the e'ent of discovery of any archaeological artifacts during project conJtruction, 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 j ". \ . ;'~" .. \' .. ~"=,i"~~' the developer. .~t,/.t':: ..., ~ ~ ~".~ f!..!'''!.... .~/~:. .~~;i,.. . ,~'. ..- ...~~~ -1;" . :~;,'~..minimum of forty (~O) acres ~.j~."'~.t .~, :J~;IJ. ,., \ t ;f:t!gf;.-';: and groundcover ve~ etation. <-t~ '!:;~~,; !"~; 'activities, . I _.. numbers and a. (6) The deve:oper shall preserve in viable condition a of Sand Pine Scrub canopy, understory Prior to commencement of any clearing the de\eloper shall survey the site to determine the -.- -- $" distrilution of any populations of the Gopher Tortoise, . Florida Burrowing (wI, Florida Gopher Frog, Florida House, and , Florida Scrub Lizard which occur. Sand pine Scrub preserve area(s) ''':ii,.1>4 shall be of:1appropr iate~size, ?quali ty ~and arrangement -:to maintain ~.~. f,: .~.. 'P'~. ~ all populations of these species. A preservation plan shall be developed which: (a) identifies and delineates the boundaries of Sand Pine Scrub habitat areas to be preserved: (b) provtdes for the effective relocation into preserve area(s) of any popu ations of the species of concern listed above which occur outside of the preserve area(s) limits: and (e) prov d~s a management program for the Sand Pine Scrub preserve area s) which will provide and maintain suitable habitat for the spe ies of concern which exist or are relocated into the area(s). ~. . . .. .... 1. .~~.~~.~ : ~;:~i~r ,.. .i,....~ .f ~ \. " f..,;~:i.., ,_ o ...... -. ~.!:.-e'i.(t -:~~..:n....~.. .' i\;' ,<:\\tv:';~\~ ,. .......,.;".~ ~ . ~,.l:~ fj;" .. :'.r2~!~ L\' ~. -J' ~'-:''-~~:~ . :'*:I:'.r.!~...~"ra.. -.. l'...... ~2"J~\*-".hL . ..";;,.0... "'\:. ""~'~;;.:r.~:.." ~.~~l~~.~tJ ');. -, ",'I\~. I'd'. . ,1:, ,.,~,.'tt"). r """'-11'''' ."',\ :"i~:;Fl:''''::'; . ~.;:~~':' -0' If . ,',;!.~:~{~t;~t J t~.r~.~~.~ . . " ,. t' .. ..:.~,-~"':- ~~ ... - ~ "'.JI.:!~"I-"'~ "\ :-f~':fi;~ :'""~.- '~~~~;7 ~ ~;"':':....,-:-~r ~ r ;. ~ ., ...,,;; .i . ~'~.l~!'t:f -; 'S', , ~ .. . '. -.~ ;' ;, ~ .t. .:. 1...... ~.. ==-s '?J~"I"~ tJ: .;;~~u. I~ 't.'!;,;. ' _ -\; -t"W. .t,-.. . 'ci."- ~ -. .-.\~"t\.;~ .... ;':.ir~"r;~.'r;~7'" -, : : 1'$,:'" ;ii .~t 1 =_':l' ..~. \,~ . -4- . I , " . ~ oJ . .. The above plan shall be submitted to the City of Boynton Beach, Florida Game ~nd Freshwater Fish Commission, Department of Natural Resources, aod the Treasure Coast Regional planning Council. No develop~ent shall occur until the plan has been approved by all of the responsible agencies and the animals are ~elocated in accordance with the approved plan. (7) Prior to c, earing any scrub areas, the developer shall provide sufficient notice to officials at Jonathan Dickinson State Park so that they ma' make arrangements to obtain any plants which would otherwise be d!stroyed. (8) In the evelt that it is determined that any representative of a ?lant or animal species of regional concern is "4 \ ~ resident ~n or other~ise is significantly dependent upon the ~ ~.. ~i~JBoynton Beach Park of Commerce property, the developer shall cease ..~~:.x."\':.;;.tI.. .f#. ' -Y." ,\-~.t" ~.'. ~~J~all activities which might negatively affect that ihdividual or ~ .:J~ '1,1 l ..~..~.... ;,,-( , ~~J\~?pul~~~on ,and immediately notify both the Florida Game and -t~iJt;~~~" 'i 1~.. t ,.~ .:. ' _ f};i:1:-< Freshwater Fish Commission and the u.s. Fish and Wildlife Service. :,~"":~i}.;;:;.~.. '" . ,.. !~ . Proper protection to the satisfaction of both agencies shall be -..... - .- ---- $" , provided by the developer. (9) Th~ develcper shall establish a vegetated littoral zone , of hardwqod sw~mp/freshwater marsh habita~ comprising a total of no , ,o~,-~ t~~~ 1 t~~n~ll citt~;~~::~~:..paJ;~ zq~ ~l!e.L f!\!:f~~E! 'j~~~r ,.~a~~~e~~,nt d~~~t':1ll. , ').~. I ._... _ ~Q lless d;q~1} ::~!.5cC!cr~~5~f 3,=hE! i !t-acFe -4i t:~~ral _~on-:. i z:.equi r~mell,t;. - . .. - -..-.&. ...,- shall be maintained and comprised of species that are I 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 fuJly vegetated with native plant species and occur from lake confrol elevation to a depth of three feet below control elevation. In addition, the developer shall preserve on-site six acres 0 seasonally flooded wetland habitat designed to t' , '" " .. '.. - " . t....~ :,-:-.~"~.:::....: . 3-"." ~-:~ ;' ~~~i=;':'.!,~; . ,......... ...'t:: , . \. \..;.... ,,~., .s ~.:~t' ft:.~~ .._ .1...1... -- .~.,..;,:: ....'\":~r :l:'j . ,,:,. :]. .~ 'r;.j,.~ ': "". 0:" ,~..... ,'~". !F ~~I.~;r .......~":..... " .:~,;t~1~ .~:.~.,...41>1.~ "~"~:'':''~~''(': ~.... ':"f.;,~" \1r' ~:;;'~~A t.- ,-. .., ....'t. I~ -t. . 1i : V. ~ ... i -; -' Of . _ Ii... ~" ~:~:r. '..(-.~~~ ,'"B~~~,1~ ~::.c-':"~~. ....~~.r.i',... ... ~,.~. ~.~~ . . ".,_.1 ' ... \. - ,;-,,,("'t~..\~t.l ~ ~~~""t,,'" ;. _:...~::,._, 'ilg' 1;.1'. .:-:'~:;;: I'; ~~.~~~ ., '.,. J .. . . 1 _.u;.{;;~~."il' . -5- .' .. ~ . .. , be of value to fish and wildlife species and consisting of native vegetation typical of such habitats. Prior to ~ommencement of construction for any phase of the project, the deleloper shall prepare a design and management plan for all wetlan3s or littoral zones that will be a part of that phase. The plans s,lall: (a) incllde 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 provided1 and I ' (c) provide a description of any management procedures ~ to be followed in order to assure t~e continued viability, health and function of the littoral zone or wetland. PI- ._~ <lit .=: ..~;.. .1 . \. J.. . ...~ . The plan :or each phase shall be subject to approval by . , '-..~ t i.:"~' ~~f~:the City of Boynton ~each in consultation with the Treasure Coast ,~p'! ,'i=.: ~ t....r.:i; Regional Planning C :mncil. The plan shall be implemented and work i,..:1 .!-. , inspected no later than eighteen (18) months after each lake is -- $" .. excavated. ( 10) In accord3nce with the fOllowing provisions, the developer shall provide and maintain a buffer zone of native upland O:ir>;Hedge vegetation_ arc;)Und wetland_and deepwater-_habitats' which ~re~i". '''.f :.. ' . preserved or constructed~ on-si te-,~= The_ buffer. zone! may consist:: of preserved or planted vegetation but shall include canopy, understory and groundcover of native species only. The edge habitat shall begir 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 fact 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) f~et of upland habitat. (11) During construction, all Mclalueca, ara~ailian Pepper and . Austrailian pine which occur on-site shall be removed. Removal -6\\ ~. . ~ r :,:," " '''~.r':';''.;';J:~!. po .;.~.~ ;:r~: ", .:.~~~.r;; :~f;}r~~ " ~~'..:'i t'j~ -.,. ...~ :)~.....f" ;'~~;J;: )'..... It\ .:, ..'10' ," ~., .~ :.:::~......: ,:." 1 , ., ~I..~.~t!,j; .~( i,~r;.. ~ .":,.,.",;- ~e-j:.O;;:~;.i-e: "~:~A~ ;~ ~. "- ~~,.:.~~';. ,,- ,\ ~~_.. ,- ,.... ~.~ ., , ,., . "'..' .. ....~._~~ -. ..--.~... .,;.r~~.~t-4 w...,~-~.f%~ ~ ",'''.I;t~ "; ~ ,,~i~.J~"'ll "'~ ~,~:J.1A~ -t. ". -.- ,,_-,,:-M.1 .' I ., .' Ilo 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 surfa:e water management system shall be designed and , .,. constructed to retatn, as a minimum, the first one-inch of runoff 9r runoff from a on~-hour, three-year storm event, whichever is greater, from all b~ilding sites, parking areas and internal roadways. Where de?ressed truck wells are constructed in a manner which would preclude retention of the first inch of runoff from the well's impervious surface, the retention requirement shall be waived and the truck well drainage system shall be designed and maintained to include oil and grease receptors and open bottom sedimentation sumps as pollution retardant structu~es. Parking i'~'li~; areas and roadways to the truck wells shall be designed to divert l"'~'lI~.:4. - {~~:,trunoff to ~torage a ld exfiltration systems on-site prior to -"'....'1. . .t';l_,~;. J .,~ ......- ,J~~h~,!~discharge into the lurface water management system. Condition 16 ... 'f-.~....- :: W'. ..... .1' \~.;r' . ~ ...._~': ~. ~ ;: 'i\.~hall apply where h lzardous materials will be used. " :...;J ........ ~ '. ~ . (13) No unfilt~red runoff from parking areas and roadways -... - -. -- $" shall be discharged directly into any wetlands. (14) The surface water management system shall be designed and constructed to maintain existing normal seasonal water table levels ~~t~r arid-:hydroperiodsi,;!:9U'.cc w,f::..l~r.ci ...f:'.:! ;..: .:ut:..~Zl':',H" r~..:!cl.!::'~:::; ;,r 1.= ~..... ... ..,,-:.:.....~I~ 'f .: ,J-:>-- :.:...... . ~~e~(15)j.-AS part:of-the annual~report r~quired bh1er'S~ctiOn- of 380.06(16), Florida Statutes, the ~eveloper shall }rovide a list of all industrial tenants, including a description of their activities and the four digit :;tandard Industrial Classification Code appli- cable to the operation. A copy of this list shall be provided to the Department of Elvironmental Regulation, the South Florida Water Management District, the City of Boynton Beach, and the agency delegated the autho=ity for maintaining, updating, and verifying the master files fer hazardous waste generators in Palm Beach County. -7- "!.. . '"'\ - ~.". _:,~-'!/~ "l '\3").- , -' ~ ::.~~'.:r ~'J ..;~ .I. ~':=f\:-:"', .!. f, .'. ., .".. :.. -..,. ,.- I. _ . ~?'li".1 j~~ .. ,.'~1."!'".~~~ :~. 41\.,., l~. · "'~t.~~~l~~ "....~. '. ..~. fll'~":!~~."t "t . '..~ /'..:; ..- ';.:"-,,-'.\..", \:tr,~.~...: :r .,..... .r.(. ..( .,.....t.. I .1.:. f~>~S.;"" -:. i"i1\:~r"'~.~.~~;' . . ~;{~.~ ~;~. ~ir:'':;:~,-$~ -.".,h.:i....'~.. . . .... I.:~~:.~:' ,~;: .,.... .... , . "..t' :~~ :.~:;. ",...,., '~":{.--:'" .~~~ t.t:-!" :~. ~s.~:. r :r.~ ... .' '.~ r <<"\ r~:: ...- - ~,. ............. .. ':-"'~,l-"r. ~H: \~~~ . :: '" ,.......... .' ...~,....~ , . "';~"\,-.~ . . . '>I':;~~~i~' . I ... ir:lfV.{~ i; r.': ,,->-., ~r.;.t ..t', . ....~M._ J'" . "..,. -.. ...~..1"31 'f ..i~~~M ~ t" ,. \ .. (16) Prior to )ccupancy, each specific tenant or owner that uses, handles, stor~s or displays hazardous materials or generates hazardous waste shatl meet the requirements of this Condition 16. For purposes of thi.3 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 I amended from time to time). The tenant or owner shall construct an appropriate spill containment system which shall be designed to hold spilled hazardous materials for cleanup and to prevent such materials from ente-ing the storm water drainage system. In addition to a conta nment system, tenants or owners shall also develop an appropriite early warning monitoring program. The .~ .! ~,.-"containment system ,tnd monitoring program shall be acceptable to .::::'~!~ t-"1: "\i/~,~ l the Department of E:1vironmental Regulation and the South Florida .,- '0 ~-io1. ~..t! ,'" _ '(1~~~Water Management District and shall serve all structures or areas ~ :~'~~:-r:" t t. '~... i , h~:b~JJ where hazardous materials are used, handled, stored or displayed, ..:..t......~ ~~.(.~': ~I ., or where hazardous wastes are generated. The developer shall f -_ - - --- $" 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 .~t';:il~'o~~EhY'ironmental_Requlation and the South Florida Water Management ...t"t. .~":- 'District and !Ilade .:i /ailable-to' the~City of Boynton Beach.'.iThe City reserves the right :0 inspect all buildings within the project, during normal worki 19 hours. (17) The develJper shall develop a hazardous materials contamination respcnse plan for the development within one year of the effective date of the Oevelopment Order. The plan shall be reviewed aod 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 ~ l .~,;t1, ~f~; ,:_;':' ).0 ~~ '~~;::-~-:r . -"'~':"r:=o.. . :.... ~~,... ~-:.: t.,;,! r ~)~ ~{ , ;-:-: $';~. .~~: ;~~}::t:'. ,.:-"!.."\-;"....:'" .' , '.; ". '\ \f~.?j' =r-:~ .., '." ~. ,:.., 4..')-.' .t ..- J, ....t !;''''t~~:I~1! , .. . i:r! -<:.i~;~(. 0.""" __ _ ,. .--=-4 tJ ""~ ,,' ,........". ~:. 'r ._ .S. '" .! ~".i: .. l . .: "(~I r ... ~~-=-~.-.~ ~,.."J.,'f... ~I ;.; ! ~;. 1.J ,,'-F ~ :.~=r-c:f. :t. .... . J'l ~~.~~:ru "~.....-i~ ~. .. - ~,;..--t~..~fl...~ ~~_...:..!.-.-}'.. i'~~;.,~ri:I~:--~~ -8- - . ," , " Council. The plan :hall identify appropriate measures for contamination r.esporse, including, but not limited to: (a) prov~sion of equipment and trained personnel on-site or a contract with, contamination response firm meeting Florida Department of Environmental Regulation requirements, if found ~ecessary by the above referenced agencies to protect the ground- water from possible contaminationJ (b) specification of follow-up water qu~lity monitoring programs to be impl~mented in the event of contaminationJ (e) specification of design and operational measures to contain and direct contaminated surface runoff away from ponds, canals, drainage st .uctures and other connections to the surficial aquiferJ r - ! .' ~ :'f !.., ":';.; ,.', (d) spec fications for the development and implementa- ; '.. '" . t...:~"'~ '. .!;,~-~l~: tion of a eoordinatl!d monitoring program which incorporates the . .I.~~',;, '- ~ ~~' a " ,i5:.i!;.t-individual site mon toring programs required under Condition 16 r .,....1~;.,:. Ia.' /.)..,,: t.,..' iI' "", , . ;r.1. ..~ ,., ....; ,..'.... '~:i'.h:tabove ,in such a manner as to achieve an efficient: and effective "\ '0 ~t ..~, ..:'"~. I .,". - ,'~ overall project earJy warning monitoring program, and ,J -... -- $' (e) requirements for financial responsibility which will assure cleanup cost" will be provided. C~- ~(18~ -All requiLements for nonpotable water shall be met only '~:~by wtthdrawls~from~~he-surface-water'management .system and! adjacent !! J' ~'" I.. canals.-:t a~ r..:;&d~-.:;;ai~~~ ~o t..c C.t of. .E::'Jntcn .tlc:~c~_ The Ci-:y (19) A minimurr of thirty percent (30%) of the landscaped areas required by Section 7(H)(13), Planned Industrial Development regulations, Appendlx A, Zoning Code of Boynton Beach, less waterways, as a par~ of specific site dev~lopment: 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 wa;ering and fertilization of non-native areas not -9- ..:.:.~ ... =-, y< 'y II , , :::! , j. . -. ; ~. ~~ .. t-...:; :...j"~ ....~ , ~i ~.. .......... ~~~;.~~.~~~~~ :..:~lri .!(:.i;~ ,1': ~o~'l:.~':':f{ ...~!! :i:.r:.~,'t '! :li:!: 7~~ -', . f, .~' - .1,,""1-1- ..1;';\...:--::_.. . f. . ~:lt~t y ~';j' :~ ";i:f1 ~~. i.. . .,. . ::.,:( . .~}' ,:-~..::. f.i~ .~~; .~~ ,......- .. :,:.\~,~,~";," . ..- ..' ..,,~:<.....~"I'..~~ ~~ .~..' ~r", ",.J ..~.~!.~O -"'~;...;; !r..l~ ~.: !i: I .~"1 ~. ., '" ~.. .- J i-..: . -to ~.. ~".:-..:~~ _. ~.," ": . ~-:.:....~~ . _ ~lni{~t,~ "\..\.~ 4......,. t- ...:"~"....r...cr:.,, "'.::.t:...,.~S . ,! ,.....,t.t I ..,.";.:Y'~r~-:/..):... . -:.....c.~...'.. - _. 'r'i.i~'.:.ft~ -. . . ." inhibit the management of the native vegetation areas in a healthy state, (b) a minimum of fifty percent (50%) of all trees and shrubs used in landscaping shall be native species adapted to the soil conditions on" site, and (c) any e.crub 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) Generatior and disposal of hazardous effluents into the sanitary sewer syst~ u shall be prohibited unless adequate pretreatment facilities, approved by the Florida D~partment of Environmental Regulction and the agency responsible for sewerage works, are constructed and used by project tenants or owners .' .. ~ :~l, generating such effluents. ~ ~ \l~: . , ~~~j,. (21) To the extent feasibl~, the developer should incorporate ~ J ,,- A~: .r ",.. ',f~:?~:.r, energy conservation measures identified in the Treasure Coast ~'!~.. ~'? ~\ .i' ~ ": \ ";~;,t RegIonal Planning Ccuncil's Req ional Energy Plan. ..t"'~ I 1'. . ~_2) Pr!or~ final site plan approval, the developer shall $' implement the energ' conservation measures endorsed and/or recom- mended by the" Devel, pment's a~chitectural review committee. The - energt conservatloL rn~asures ~hall incorporate, at a minimum, those '-:AC:~' t!tiergyhdcnservation measures identified ,on pages ;25-4 through 125-1r. ',},~J~ . ',' ....:... Ofrthe Application or Development Approval. The guidelines, and any subsequent reviuions, shall be transmitted to the City of Boynton Beach for rtview, and to the Treasure Coast Regional Planning Council. (23) The devel('per shall construct an additional two lanes on Northwest 22nd Aven1le from Congres.s Avenue to Seacrest Boulevard including all inter3ection improvements at Northwest 22nd Avenue and Seacrest Boulev~rd within five (5) years from the date of recording of the fi st plat This construction may be phased with portions of the con tru~tion required through the limits of each plat. The construe_ion shall include all intersections and the -10- !"=. - ~. ,. '., ::~.~.. " ~;~ , \. ~ "~"f' ...~ I. ~a.~.~i.-:j. -0 ;.'~,.~;.. f. - ;l-:~"l ...l '1'~:..~~ ..~~. frO''': . . .1,\ ,. ; . . , ;-""... '\_~ ~f. .:~. -:~\' .~ -;- I .~~.~~~~ , i-~:1 ~ :,~~\ "~~'..:.~ ~ ;1 '! _~;"!: . , " U:\~"4'~1:I' -:V:. , . _P .'\"1:....1 '1':..,.. ....,.--'. :~ :. -1' :.... ~~.:!::,!:t~ .:-- ,. . ~ u. ., :-- ~ ~; ~. , .,. r.~ ::. \ ._~.)*;.. _:.'} ". ::-::;r ,~..i"';,... ;..~. ".." ,::":: ..~..:. .J~~ . ,:;-'~O..-:~il . . .' ." bridge over the E-I Canal, but not the widening of the existing bridge over I-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 l~nes 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 (lans and the right-oE-way map shall be delivered to the County with n 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 constrlction has started. · .. ~ t. ';.' ,. (25) The developer shall have a Feasibility/~ustification f;':~:,i~.. .~, { .,. i ., Study and (subsequent) Environmental Impact Statenent (EIS) 1". . '. 1 .~ ". }: prepared under a contract which shall be approved by the City of ;t~7:1~:~~' ~~; ~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 engineering/environmental studies. The Feasibility/Justification Study shall commence within thirty (30) days 01 the issuance of the Development Order and be ~~~\bompleted within;t~~ hundred {200) calendar days thereafter4 ~ the7 ~:~ ~l~" r 'r BIS shall ~6mmence dpon-favorable review by the Department of and Transportation of tle Feasibility/Justification Study and be completed three hun1red 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 Roan. If this improvement is constructed by others at no cost to the developer and if neither the state nor Feder31 government has indicated disapproval of the 1-95 interchange at Northwest 22nd Avenue 1 the de~eloper shall , , " '. e....._ !...... t. .. ~;~. ~t -\.'\,{" .. ,: -;.: -:; .1= ...,~ -"'ro .J ~. . .. .,. , or.. i.:~" .. ......4 "..t ".. .:. " Bfrrf"kLf T:rjs ? -11- . , .. ~ i contribute $900,000,00 toward construction of the interchange in lieu of 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'de"eloper shall provide $900,000.00 to the County to be used for improvements at the intersection of Boynton Beach Boulevard and Cong~1ss Avenue and at the intersection of Northwest 22nd Avenue and Congress Avenue to provide additional capacity required i.: the interchange at 1-95 and Northwest 22nd Avenue is not const~ucted. 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 , t985 as the base ye~r. ~ "" ....t.:, (27) ,. l t;. t ,. :- '., L...:.. (":; '" I , ~~" any contribution maje pursuant to Condition 26 above, for right- :-, ,(' 't~~~:of-way acquisition lnd construction of an interchange at 1-95 and ,~,:., '-'f' ' & ,.- h~~'Northwest 22nd AvenJe at such time that the funding is needed to ; 'II, '. commence with construction of the interchange. The developer shall -.- _.. .....- $' also dedicate to th! appropriate governmental agencies any inci- The developer shall contribute $900,000.00, in excess of ,. ~f~ #' 'r ....:.... ,,;::.~ , .. ~.. .... .,: " -.#w .'".AJ. t:f~-'~ .!..~'i:; . ,~l.r. ~ ''; \.,.:~, ~..~... :!i ~ J::;- .~1:,;~~. .: :-"~;!f~ J .:..,": r .tr f!'~-" := ~ental right~of-way, not to exceed three acres, which is needed for 'the interchange and is located within the project boundaries. If ,;.i d:.he: linterchange is -pisapproved ,by the respons.ib,le- -State ,and Feqeral '. ~"'.: .t --.' ii~ lagen.c::i.e~., ~the..'de..veloper ~hall1 contribute ~JOO,OOO.OO :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 Averue when the project generates in excess of 15,000 external trips daily. This contribution shall not be required in the eVfnt that the $9QO,000.00 contribution required under Condition 26 above is allocated to improvemnnts at these intersections. Thf contribution under this condition shall not ,. . .I tI I - I .:.. .- #Of" ..i.. .- t. ~""~~ ~ 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- .. . -J.r. ... s:. .1. -:r';; ~.l r~; ~:;(r,f...i: ~,.:' ~-:.,.. ?:~:;:i ~~':: ._-:.\..;:-1-:..1. .:;; . .. to (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 CO.Jnty and the Treasure Coast, Regional planning ~ouncil. The methodl)logy and scope of the monitoring effort shall be approved by the City in consultation with the County and the Treasure Coast Regiolal 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. ~a I (3a) Within ninety (90) days of the approval of the ~./' -~. , ., ~~ Development Order, dedicate to Palm Beach County the right-of-way a :';'.;:~": for Miner Road throl'gh the limits of the Park. Hiner Road appears : .." t~~ tllk ~ \"L~ as a 108 foot arterJ al on the County's Thoroughfare Plan. 4f> \,Ij" f-I' ~, . .. .. (31) Within nilety (90) days of the approval of the -- s Development Order, c:ledicate to Palm Beach County the additional right-of-way for N.H. 22nd Avenue through the limits of the Park. . N.W. _22nd Avenue appears-as a 108 foot arterial on the County's ';t.t:'.".TJ!o..rough~~J;'e~ R:,J,.an..... dJ:'Sappro'l-.:!ci bv t.h.~ cp.!-&:A""rl!:':"U..C. ~:..~r.c .JJ;.4 :'~d~ LeoL" , , .~{~~t; I..n-~CO}ln~ct~OI1. w~t;.h_1t~e h.equirement: t,q, ',~~t ~sipe <t...orl::Y H. i (40) acres of scrub habitat, within one hundred eighty (180) days of the approval of the Development Order provide for the City of Boynton Beach the l~gal description of the areas to be preserved. (33) In connec.ion with recommendation 6cI which appears in the i 1 i 'I' t d 'd' Reg ona Plann ng C)UnC1 s repor an recommen at1on, the developer shall prclide for the City's approval, documents which I will specify the nature of and responsibility for the continued maintenance and preservation of the forty (40) acre scrub habitat set aside. -13- .; ')0 , :'1" .~.-~f~~~ .~ .':..~:~ :......~~ .... ..i ~ ,; ~.\'. .","':t.:,.' .lt~ . .'(.; ~r- ..!- !; ~..:.:' ttr ..;t.~~0; : i /- .1... ~. , : . ": -,.:'1 r. ,:. .;' ~. ~. .1 i .'. .,.-~,:' .......' ~.. : , .J.. 1II.a;. " - '4-'_' .-,~f~~fi ....:. !~~ ~. " . -'-r..; -.:\: t;.'J;'''i : :..:' ;.,.. " .p..a.1.~~....' . " " (34) The City 0' 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 C,_.ty will enter into a contract (hereinafter the "Contract") with Dr.IJames Nicholas whereby Dr. Nicholas will prepare a study (hereinafter the "Study") with respept to civic and non-recreational impact fees. (b) Both Riteco and the City agree to be bound by the study. (c) Riteco will fund up to $20,000.00 with respect to payments made to Dr. Nicholas under the Contract, said monies to be paid to the City upo~ execution of the Contract and approval of the Development Order. . r ".;. r , (d) In th! event that the development of the subject 'j:::~.~:' ,~... ,~. 1"""-:: ~.. '. Project commences wi :hin 3 years after the issuance of the ..~ ..;.~ ~:~:~Development Order, Riteco will be given a credit for the amount . ~:'~~;;" ./ t;l: funded by Riteco pursuant to this condition 34. Otherwise the . r~ 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 r correspondence and other documents regarding the Study. )>\ .' '.I:horou..ga.t.i:( f) F -The parties agree in concept that any impact fees be ~ .~ .", r.i.~: rr ~~ ~ .r',~ '" :~i .,.~ .. --" ~.~. ........ .'\0.;';., .., ~.~: ::,. .:~ . ., ~ - .i " :- ~ J. :' ... -\.... :.1';, !..~I.; ... . "~::..~~.!~ '-.::. ~':. r~~ -~~~:~~~."~i ~1.~J.i':" ;~. . :~~~ .:.- '1'.;:~~}j . ,~'i.!1. :fi'~': ~.:;l_. :r~ .'.-. .~~t""f~;: due ana payable ..at -the time of issuance of certificate; of occupancy and -,. .....\ .!.;...... shall make such recommendation to Dr. Nicholas. (35) In additicn to the water mains proposed to be constructed in Phase I as a part of project development east of the L.N.D.D. E-4 Canal, the develppers of the Park will be required to extend the sixteen (16) inLh water main proposed to be installed in N.W. 22nd Avenue eastwara 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- ~' : ....... ~ "~ .& r . '':.~.Jt~. :,j .."*...1 .,. ~.c:~ r... ;' .j""'," 'f!.: .1 . . ~". 1. ... .1." I, ~~ I~-"''''~'''' ~ ,. . . " , (a) Any P~rk development east of the L.W.D.D. 8-4 Canal will require the construction of all Phase I utilities as shown on the master plans fori utility construction~ and, (b) Any Park development west of L.N.D.D. E-4 Canal will require the construction of all utilities shown over that portion of Phase I plus an additional tie into the existing sixteen (16) inch water main on the west side of Congress Avenue at the . . project's northern entrance. (36) The developers shall comply with the memorandum from P~rry Cessna to Carmen Annunziato under date of October 23, 1984, which Memorandum is attached hereto as Exhibit "8" and made a part 'hereof. (37) All water mains proposed are to be accessible from either ... r ' .. 8 paved street, driveway, or parking area. :.. .! .-, lt~..'""" '.~ (38) The Park's developers shall dedicate to the City of :-:. .,~:.,.~;!, Boynton Beach, a twelve (12) foot wide utility easement parallel ;~.t~ '..r~ ., :.-. 1" ' : and adjacent to the Boynton Canal between the proposed water main I ,~ ~anal accessing and High Ridge Road. -..,. .,-- S' (39) The Park's developers or assigns shall provide on-site security during all phases of construction in the construction areas. .11:~ -'...;;-- !~ ~~":1.(40) A~)it'('is tne-stated=intention of-the Park's 'developers to ?"" .; "'- 6upplemeh~'municipal~police protection'with a private, centrally-:y located and housed, ~on-site security force, the following shall be required: a. All security alarms to be installed within the Park are to be connected to the on-site security facility. b. It is required that the Park's developers submit to the municipal Police Department the research employed as a basis for vendor selection. (41) N.W. 22nd Avenue shall be constructed with a landscaped median, and the dev~loper shall submit to the City of Boynton -15- ", - '- . .~r ~;~ .~, .~'~:...:':~! ;-. .... J. 1 ~.-: .- " ~'1. - .. ~ . " .J and l-T .... ~ - .....- .- 'lJr: .~ ...';t.....~ ,. .:......f p:';.. "'", ,-h --2f.:,j:...s~ '" .....: ~ .~. ."#.. . ~ -~.'":-t ! !f..,,1:"~_ __u , - \ . . r' . 1.. t. p. I i Beach, the landscapIng and irrigation plans for review and approval. Park's internal rights-of-way which are public The landscaping and irrigation plans shall City for the City's review and approval, and (42) Any of th~ will be landscaped. be submitted to the subsequent maintenadce 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 let~er from Wade . Riley to Peter Cheney, under date of October 22, 1984, which letter is at:tached 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 ";i- i, \. .. , ..... ....Boynton Beach, the 'lreasure Coast Regional Planning Council, .the ,~. . '" ~ a ; '. , '. v .,.~ State Land Planning Agency, and all effected permit agencies, or l.t~: .. ;!~:,Jf ~heir respective au ~cessors. The annual report shall include: , '4', - '~r~ "'; .. ~ ... ~' ~ ~'j" ~ -i..r~".!:! (a) a cOltlplete list of tenants (and where applicable, their_.fespect.ive...Four Digit Standard Industrial Classification ~ Codes) located in the development during the preceding year, together with a description of the activities and ~perations of · each tenant and a map indicating their respective locations within ".:iWthe Bevelopmeht: :!!;. ~~~ "s.~ at~d'" !nt~nt. 1,-,t., .,t ti"."! ?J;tr~ .:. .~... .! L': -~!:.s t:> ,I "'" .:.....".. t:t .. , St1ppt'=1!:~jlt'"(b)-',rchahges~1h--the "'plan bf development or phasinq' for- the reporting year and for the next year: . (c) A summary comparison of development activity proposed and actually conducted for the year; (d) Und~'eloped tracts of land that have been sold to a separate entity or (leveloper. (e) Iden ification and intended use of lands purchased, leased or optioned by the developer adjacent to the oriqinal DRI site since the development order was issued; -1'';_ .\ ., , ! I . .:-' .. . ' , t. ~l"~ .... · "'\. i".~.~. " "r -~~~;~ .. .~!~~.1 r:~~. .\;= 0' ''f........~1 ~ t"~ r,~.! . ~.."'~- ::t_:..:: .. ) !.!:'''.i. .. I..... '! d:+~H' _ '...... .~~ i -' ..-:'-~/I;'l..:.. "!~.,:l' ~ ~~~~.. .! ,t}~ ;, ~ ~-.. , ::- ",.'0 .. : ~~;~..~it:!~ ":. "~i.. ~ "'~ ... . .~~::.. . ,t-. ~..:.. .:,1, , ~ .1~ , :1.- .. :1 { '" ~~-;~. ~; ~:~';.r~.l t' ......, '*......~ .l. .:..t.il'~ .!\. :' J'JoOo..._'-'L..~ . - - .. (f) An assessment of the development's and local government's compliance with conditions of approval contained in the DRI development urder, (g) Any klaown 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 l 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 cOPV of any notice of the adoption of a develop- ment order or the sUJsequent modification of an adopted development order tha~ was recorled by the developer pursuant t~ Paragraph -i /;:. 380.06(14)(d), Florida Statutes. I :~ :I~':'~.!. .,.~ ," _, I:~...q(.;; ~...:,. (45) The proper\:y shall be developed in a mann9r that support .. . .",.,,{' '~,~...:. ~ Y."{~~conservation and efficient management of energy resources pursuant ./..~-- t' 'I'.' I .... ~ ......,., 'Y ~. ~..~.~ '!: ~~~.,.. 1 "i};~ 'to the' Energy Elemen\: of the Comprehensive Plan of the City of . o!t . r '!' :~ ... ", 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 Deveiopment Order. '(~'.;':tfte- ('Sect ion r.5: : LA copy of this Ordinance (Development Order) _0 f . shall be transml't.tec' ~to .the. Divis ion of. Local Resource -i1anagement, the State Land Planring Agency, Riteco Development Corporation (the owner/petitioner), ~1d the Treasure Coast Regional Planning Council. Section 6: rhis Ordinance shall become effective !. immediately upon passage. FIRST .READING ~is ~ day of December, 1984. -17- .' i .: , :' , - -. . '\--" :.j~~ - ,." :. .~ .::;.;~ ~::t. "..,..... 1~ ., ! :;'i~..: :=)... ... ". .':- .. '..!. '.. ,~r..~ or "'~~ . . v :~.~ ~ ;~'~.i;~' .- . :. '.:... ~ .; t' -- .,. ., .;"": ~:l ...?~ ;; 3~ ':;'-;"rli'~'!, -- ,~"~~'f- -.. ..;..:..,;. .. t. ~~ -- ia;.i.' ~. .. 1:" - , -.". ~= ,-, 4 ...... 1:.' . (.::It ~" l ''''J ..~ . .. ':5. .. r~ ....,.....- r..l.....tt..)t . i"'::..; "~ ...;;;,t~~ -~- _ H~," ~ .!.. .'"_": I " "'-(':8-;1" - . .... 1i.3., .. _ 1Ir' -I \_. '" .... t , . ,l..~ ~ . -,. ~ ,~ ;: .....~.... ...'r ........... . . . ,.. .,;.... ~a..., '\. ..- " . -, .,. ~; " 'i' .. l_ .t . .' . . . -. SEl:ONO 'READING ,;md FINAL PJ\~SAGE this od /0 day of December, 1984. OF BOYNTON BEACH, FLORIDA . ATTEST: ctf~!~ . , '[ ,~ - 113084Qt'..ctic.n 5: \ -=:) p' () f : n _ J '- t: -: '- n C1 f' ~ So I ."....L.i".-~:~_ -...;: ~::'-J 07' '1199A t "'.'1,...'..._..:'1~ t'O "h"" :)i ..ri.:~t~'1 -at t') ,:1: :~~'tr \!L.....- .~-:"n;~y.. q~'r)C, J '. _." -rJ':.! :=..",;,& ~ It. .... :_ "......... - '-. -10- - .......-.;.......... ,~r..':' 1~~~ . ~.;~.: ..-_.~:6' ~'!'\...ir~'i:...~~~ . ~...-.-,~~- ,"'" ..' " :.. ...~:~~. .,_.~.",;.. .r', ';i":":;'" l . - . , A Tract of land lying partially in Sections 16, 17, 20 and 21, Township 45 South, Range 43 East, Palm Beach County, Florida, said Tract being more particularly described as follows: commencing at the southwest corner of said Section 17, thence North '.'4'39" East, along the West line of Section 17, a distance of 1318.10 feet to a point in the intersection with the'centerline of N.W. 22nd Avenue, as recorded in O.R. Book 1738, Page {686, of the Public Records of palm Beach county, .F10rida, thence with n bearing of North 89.04'32" Ea~t, along the centerline_of N.W. 22-.d Avenue, a distance of 778.37 feet to the Point of Beg inning 1 thence north '.44'39" East, a distance of 1247.06 feet to the South right of waf line of L.W.D.D. Lateral 21, :hence North 89.08~49" East, along'the South right of way line of L.W.D.D. Lateral 21, as record(!d in O.R. Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, a distance of 635.93 feet to the centerline of the L.W~D.D. Equalizing Canal 8-4 Canal, as recorded in a.R. Book 1732, Page a12 of Public Records of Palm Beach County, Florida, thence along the centerline of the above described E-4 Canal with a curve to the right having a chord bearing of North 10-32'52" .,'l.East, a J;adius of 750~00 feet, a central angle of 4-04'17", and an arc ilf!. length of 53.29 feet, thence continue along the centerline of the E-4 :l~:.~canal, with a bearing 9f North 12-35'00" East, a distance of 320.69 feet . r.~to a point of curve, thence with a curve, to the left having a radius of -i~6500.00, a central angle of 3-28'30", and an arc length of 394.23 feet, '1~~thence North 9-06'30" East, a d'istance of 1979.16 feet to a point on the ~:~North Line of Section 17, thence with a bearing of North 89-,6'39" East, :~f~long the North line of Section 17, a distance of 1964.50 feet: thence - South 0.02'11" East, ~ distance of 2625.18 feet, thence North 89.08'49" East, a distance of 3~;8. 96 feet to a point on the North right of way line oC1q.W. 22nd-Averue$as recorded in O.R. Book 1738, Page 1686 of the Public Records of PaIn Beach County, Florida, thence South 19-21'31" East, a distance of 51.;.00 feet to the centerline of iq.W. 22nd Avenue, ,. thence with a curve trl) the right having a chord bearing of North 75-29'49" East, a rad~us of 1637.02 feet, a central angle of 9-53'58", and an arc length of ~82.8S feet to a point, thence ~orth 12.02'41" East, a distance of 915.72 feet1 thence North 0-31'11" East, a distance 6f:399~10 feet, thencJ North 89-,2'37" East, a dista~ce of 413.21 feet, ,1 thence South 88-22'56' East, a distance of 1349.70 feet to a point on .....:..~J~~.,i,!~ th~iWest right of waY,line of the Seaboard Coastline Railroad, thence ! ;' ~ South 0.28'21" East, along the West right of way line of the Railroad, a distance of 1309.09 fQet to a point on the centerline of N.W. 22nd Avenue, thence North 88-27'31" l'lest, along the centerline of N.W. 22nd # Avenue a distance of ~72.97 feet: thence South 0-33'53" East, a distance of 1306.69 feet, then6e South 88.45'31" East, a distance of 333.51 feet to a point on the West right of way of the Seaboard Coastline Railroad, thence with a bearing of South 14-08'23" West, along the West right of way of the railroad, , distance of 1312.49 feet! thence South 0.33'53" East, a distance of 2~_69 feet; thence South 13 15'22" West, a distance I o_~ of 920.57 feet, thenc~ North 88.50'04" West, a distance of 187.60 feet, ~ ~ thence with a bearing,of North 0-49'21" West, a distance of 200.00 feet, ~: thence North 88.50'04~ West, a distance of 218.00 feet, thence South 0-49'21" East, a disttlnce of 200.00 feet: thence North 88-50'04" West, a distance of 40.00 feel' thence South 0-49'21" East, a distance of 556.84 feet, thence North 88 50'04" West, a distance of 3617.26 feet to a point on the centerline of ~he above described centerline of the E-4 Canal. thence with a bearingjof North 5.,8'14" West, a distance of 153.13 f~et, thence with a curve t~ the right having a radius of 450.00 feet, a central angle of 15-31'44", ~nd an arc length of 122.62 feet, thence North ,0.,8'30" East,la distance of 988.60 feet to a point of curve. thence with a curve ti the left having a radius of 450.00 feet, a ' central angle of 18-2~'OO:, and an arc length of 143.99 feet, thence with a bearing of North 8 01'30" West, a distance of 1255.14 feet to a point on the centerline of N.W. 22nd Avenue; thence wi-th a bearing of ~) Sout.h 89-04'32" West, . along the centerline of N.l.,. 22nd Avenue a distance of 811.85 feet more or less to the Point of Beginning. Cont.aining 591.55 acres more or less and subject to easements and of way of record. I ..I. .. . ,. . .. EXHIBIT "A" . - OVERALL BOUNDARY LEGAL DESCRIPTION to . , "'!...~ ~ .. ~ ~: ! ,. .:.. -... , ~.. ," . .) : ~ ;1..:"...:.. .l i:t" j:'~. ~i: "olt:1:::'~ . ,. .~._~. f.:t....'\:.~ .",.;~~:~, . _ ..t. :- ~ ....:, ~';"!~l!"~ ~ ..... :c. . ~.:~.'t..; ,~:~.~ .. "i.t.; ".l\oc, 'P> ..,. .... ..~ .' 'J' 1.1. .r .....~ .... ,.:.t-!~, .. I". ~r "1' ...~-;~~ ,,-}~ ';r,,:, '.'~', . i.' .n .;" ~.:' , ./. "'00 ~~!1t!:$ ~~ I. ,. .' ;'./ - ~~. J I' /7- .1', "..~. : - .~; : ji;,;o'l' 1;1:' ~c' ..... .~.'.I.1.~;,,' rights' ~:.~~{~ .. .,_.:-.n~~ .:.- f .~ f::.~L~~.~;:J . ~ ....-~ ., '. , . ::. . J ( ~, MEMORANDUH 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. , r ~ ~ Q . 7 0 t- I::' i"" t. -; ~! :.... -2 ~ -... r ~ - ~. - ""': r - -.. '!"" t tne!1C~ ~J3?~ed uPJon_a, re'(.~~w ~y th~_c~ty st~ff apd city's engineers,- t~e L-;~'3.t: the design wil~ qe ~inalized prior to approva.1,. of thep~~Q~ ,.. C for lift station #3 and its gravity collection system. ,- - - ~ ~ ~1ssqf ~~ Director of utilities apt -- J. ~ ~ , . 5t:ite 201. l300 West lantana Road L.1ntan,!- Florida 33462 a 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 Development Corporation would like to enter into discussion with the City of Boynton Beach regarding the possible exchange of property. ._This exchange would involve thEr-City-'owned property-located at the intersection of N. W. -- 22hd Avenue arid Seaboard -Coast Line-Railroad. iL" ::,- .~ [J.!.,.."lS a:'-.,.- ~... 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, ()~ L..h A.v t'\,Ji, Wade Riley'?r Vice Pres idlnt '-lR/ gd cc: Mr. Carmen Annunziato , ~ f - ,,~ '1..1'" .~ ,. .~~ -;;