LEGAL APPROVAL
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~~ptember 11 1997
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( 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
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SUE KRUSE, CMC/AAE
CITY CLERK
C T ambn Heyden, Director
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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
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PLANNING AND
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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
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SUE KRUSE, CMC/AAE
CIT\ CLERK
C T ambn Heyden, Duector
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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
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SLE KRUSE. CMC/AAE
CITY CLERK
C Tambn Heyden, DIrector
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DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
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APPLICANT
Quantum Associates
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APPLICANT'S AGENT James G. Willard. ESQ,
HEARING BEFORE CITY COMMISSION Mav 20, 1997
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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'
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DATED Mav 20, 1997
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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
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day of
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VaN~
,1997
CITY OF BOYNTON BEACH, FLORIDA
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EXHIBITS
"A" - Legal Description
"B" - Amended Master Site Development Plan
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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
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MASTER SITE DEVELOPMENT PLAN
LEGEND
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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
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Project:
Agent:
Owner'
Location
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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
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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
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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-
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ORDINANCE NO. ~ 1-5/
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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'';
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~;;:;~':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
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!~.ol'~. Congress Avenue -and we!.it of Interstate 1-95; and
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WIlEREAS, the City Council of Boynton Beach, as the governing
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,
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\ 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"
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'. 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
.
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WHEREAS, the City of Boynton Beach and the applicant, Riteco
Development Corporation, agree that the proposed Development of
~ Regional Impact, which is the subject of this Development Order,
....~ ...
will result in a substantial impact on the existing civic and
non-recreational facilities of the City of Boynton Beach. In
: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:
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:.'..~~'!~f;'ywas duly published in The Post Extra, 9/6/84
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~'l'j;~ ~itf.'J.i ":"'~':' , '. .
!~"~i"~-;,,l-'~, ,
.~;'.~~;J:.~~; general circulation in
:"-!.=~;0Vr.f~ t .~
~.~~~~Section 380.06, Florida Statutes, and proof of said publication
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'~"J2i'r'~':~.!'1" ....;'l:;. ~'-!''''''" .\ ~
;,.~ ",~~~j~.~. . . ,
'i~i~A:,been duly filed in these proceedings.
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....~.f.;..1~~,5~~:.l:- .
i....~~~>..<.;;~;:i..,;.i . Section 2:
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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:
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'-"..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
.,.
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objectives of
"-___/ L.
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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-
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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.
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"~!:' .\~ representations contained in the Application for Development
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V~~Approval is a condition for ipproval unless waived or modified by
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,(;,..,.. agreement among the parties, as defined in Subsection 380.07(2),
-... - -- $'
~ubstantial compliance wit~ the
..
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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.
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'\ May 21:, 1}t.984 J cons ,u~ r en _ "i:'" the' aClll. -= /I-'rr'" n ~ <:l,nd \:h~ otij "':'=I:i "es of
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(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.
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(3) Clearing of specific building si tes Shilll not conunence
prior to the phase in which the site is schedulec. for development.
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(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
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:~;,'~..minimum of forty (~O) acres
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;f:t!gf;.-';: and groundcover ve~ etation.
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(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
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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).
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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
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resident ~n or other~ise is significantly dependent upon the
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~i~JBoynton Beach Park of Commerce property, the developer shall cease
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~~J~all activities which might negatively affect that ihdividual or
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~~J\~?pul~~~on ,and immediately notify both the Florida Game and
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f};i:1:-< Freshwater Fish Commission and the u.s. Fish and Wildlife Service.
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, 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.
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~Q lless d;q~1} ::~!.5cC!cr~~5~f 3,=hE! i !t-acFe -4i t:~~ral _~on-:. i z:.equi r~mell,t;.
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shall be maintained and comprised of species that are
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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
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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
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(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.
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. The plan :or each phase shall be subject to approval by
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~~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
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inspected no later than eighteen (18) months after each lake is
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.. 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".
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. 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
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Austrailian pine which occur on-site shall be removed. Removal
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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
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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
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,J~~h~,!~discharge into the lurface water management system. Condition 16
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~ ;: 'i\.~hall apply where h lzardous materials will be used.
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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.= ~..... ...
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. ~~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.
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(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
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.! ~,.-"containment system ,tnd monitoring program shall be acceptable to
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"\i/~,~ l the Department of E:1vironmental Regulation and the South Florida
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'(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,
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or where hazardous wastes are generated. The developer shall
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impose these requirements and the obligation to remediate any
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
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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
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.!;,~-~l~: tion of a eoordinatl!d monitoring program which incorporates the
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'~:i'.h:tabove ,in such a manner as to achieve an efficient: and effective
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(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
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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
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inhibit the management of the native vegetation areas in a healthy
state,
(b) a minimum of fifty percent (50%) of all trees and
shrubs used in landscaping shall be native species adapted to the
soil conditions on" site, and
(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
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:~l, generating such effluents.
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',f~:?~:.r, energy conservation measures identified in the Treasure Coast
~'!~.. ~'? ~\ .i' ~ ": \
";~;,t RegIonal Planning Ccuncil's Req ional Energy Plan.
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. ~_2) Pr!or~ final site plan approval, the developer shall
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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
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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.
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(25)
The developer shall have a Feasibility/~ustification
f;':~:,i~.. .~,
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., Study and (subsequent) Environmental Impact Statenent (EIS)
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". }: prepared under a contract which shall be approved by the City of
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~~; ~Boynton Beach prior to execution of same, for an interchange
.
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
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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
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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
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t985 as the base ye~r.
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~~" any contribution maje pursuant to Condition 26 above, for right-
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h~~'Northwest 22nd AvenJe at such time that the funding is needed to
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commence with construction of the interchange. The developer shall
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also dedicate to th! appropriate governmental agencies any inci-
The developer shall contribute $900,000.00, in excess of
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~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
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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
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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.
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(28) The developer shall monitor project traffic generation
annually beginning after development of one hundred thirty-two
(132) acres (not including R-O-W, retention areas or preserve
areas), and shall provide that information to the City of Boynton
Beach, Palm Beach 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.
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(3a) Within ninety (90) days of the approval of the
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a
:';'.;:~": for Miner Road throl'gh the limits of the Park. Hiner Road appears
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\"L~ as a 108 foot arterJ al on the County's Thoroughfare Plan.
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(31) Within nilety (90) days of the approval of the
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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"
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.~{~~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.
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(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.
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t;l: funded by Riteco pursuant to this condition 34. Otherwise the
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amount funded will not be refunded to Riteco.
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(e) Riteco will be entitled to review and comment on the
Study as it progresses, and will be timely provided copies of all
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correspondence and other documents regarding the Study.
)>\ .' '.I:horou..ga.t.i:( f) F -The parties agree in concept that any impact fees be
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due ana payable ..at -the time of issuance of certificate; of occupancy and -,. .....\
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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
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(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
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.. 8 paved street, driveway, or parking area.
:.. .! .-,
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The Park's developers shall dedicate to the City of
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: and adjacent to the Boynton Canal between the proposed water main
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~anal accessing and High Ridge Road.
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(39) The Park's developers or assigns shall provide on-site
security during all phases of construction in the construction
areas. .11:~ -'...;;--
!~ ~~":1.(40) A~)it'('is tne-stated=intention of-the Park's 'developers to
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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
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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
,~. . '"
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v .,.~ State Land Planning Agency, and all effected permit agencies, or
l.t~: ..
;!~:,Jf ~heir respective au ~cessors. The annual report shall include:
, '4',
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-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;
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(f) An assessment of the development's and local
government's compliance with conditions of approval contained in
the DRI development 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.
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I:~...q(.;; ~...:,. (45) The proper\:y shall be developed in a mann9r that support
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Y."{~~conservation and efficient management of energy resources pursuant
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"i};~ 'to the' Energy Elemen\: of the Comprehensive Plan of the City of
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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.
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SEl:ONO 'READING ,;md FINAL PJ\~SAGE this
od
/0 day of December,
1984.
OF BOYNTON BEACH, FLORIDA
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ATTEST:
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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
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EXHIBIT "A"
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OVERALL BOUNDARY
LEGAL DESCRIPTION
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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
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5t:ite 201.
l300 West lantana Road
L.1ntan,!- Florida 33462 a
Phone, (305) 533-0902
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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
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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
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