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REVIEW COMMENTS :'( MEMORANDUM October 23, 1984 TO: Mr. Carmen S. Annunziato Director of Planning RE: Boynton Beach Park of Commerce -~ The approval of this development as related to their lift station configuration should specify that at the time of planning the first phase east of the E-4 Canal, that the developer's engineers will present to the city,a study to show whether lift station #3 on their master plan can be deepened and/or relocated in such a manner as to eliminate lift station #2 for the north east section of the develop- ment. Based upon a review by the city staff and city's engineers, the design will be finalized prior to approval of the plans for lift station #3 and its gravity collection system. (j ~ ~~ perr::1kss!~ Director of utilities apt \.. .. ..... .., . j tJ'\~"" " ~ Suite 201 1300 West L1ntana Road L1ntani!- Florida 33462 Phone, (305) 533-0902 ~ "f-i' ;"""",-: -~-, ,;-'?D~. - '3'""1 '~_-2......., ~-' "'" 'I - _...- -.......- O"'~' '<.,1 .;; 101{\ RITECO DEVELOPMENT CORPORATION PU~l\i i, G D:PT October 22, 1984 City of Boyn~on Beach P.O. Box 310 Boynton Beach, FL 33435 Attn: Mr. Peter Cheney, City Manager Dear Mr. Cheney: Riteco Development Corporation would like to enter into discussion with the City of Boynton Beach regarding the possible exchange of property. This exchange would involve the City owned property located at the intersection of N.W 22nd Avenue and Seaboard Coast Line Railroad. Riteco would propose to use properties located within the Planned Industrial District located in the same area. This exchange would be done on a value for value basis with said values being mutually acceptable to both parties. ,~~ If this concept meets with your approval, we would be pleased to meet with you at your earliest possible convenience. Sincerely, LJ(~ <--lv R J~, Wade Riley";;r-- Vice Pres iMnt WR/gd cc Mr. Carmen Annunziato .. \ " .. .... ..., ..... MEMORANDUM 16 October 1984 TO: Chairman and Members Planning and Zoning Board ; FROM. Carmen S. Annunziato Planning Director RE: LAND USE ELEMENT AMENDMENT AND REZONING REQUESTS/BOYNTON BEACH PARK OF COMMERCE / / !~IBQQY~IIQ~ The Riteco Development Corporation has submitted a request for an amendment to the Future Land Use Element of the Comprehensive Plan from Low Density Residential to Industrial, encompassing approximately 496 acres. Also submitted are requests to rezone from R-3 Multi Family Residential District to PID Planned Industrial Development District (98.067 acres), from R1-AA Single Family Residential District to PID (361.15 acres), from REC Recreation District to PID (21.78 acres), from R1-AAA Single Family Residential District to PID (14 787 acres) and from M-1 Light Industrial District to PID (86.654 acres). The parcels of land which are the subject of these applications total 582.438 acres of which approximately 40 acres are proposed to be streets of various classifications. The proposed project is to be known as the Boynton Beach Park of Commerce, and it is a Comprehensive Development of Regional Impact which requires review by the Treasure Coast Regional Planning Council. The word ~comprehensive' implies that two or more Development of Regional Impact thresholds are triggered. The location of the project is generally east of Congress Avenue, north of the Boynton Canal, west of 1-95 and south of Miner Road extended (see Exhibit A attached). s~!~I!~g_bB~Q_U~~ The Site - The proposed Boynton Beach Par~ of Commerce occupies lands which have in the past been and currently are being utilized for the grazing of cattle. There are no dwelling units or improvements on site except those necessary for the maintenance of the cattle herds. Topographically, the site slopes downward, generally from the northeast to the southwest, and it ranges in elevations from 40 feet MSL to 9-10 feet MSL in a number of wetland areas. Owing to the relatively high land elevations and the close proximity to storm water receiving drainage canals CL.W.D.D. E-4 and S.F.W M.D. s Boynton Canal) flood hazards are considered to be minor. --Page 1-- The soils on site are predominantly sandy in nature with some minor pockets of from 1-2 feet of muck evident in or near the wetland areas. No impediments to development are anticipated as a result of soil conditions; however, the muck soils will have to be removed. Vegetation on site ranges from pine flatlands and sand pine scrub to fresh water marsh. Each of these forms a distinct type of habitat which is evidenced by the varying types of flora and fauna which are supported For a more detailed discussion concerning vegetation, habitat and wildlife, refer t~ the Application for Development Approval and the report and re cOl!lIi1encation prepared by the Treasure Coast Regional Planning Council, both of which were previously transmitted Surrounding Land Uses - The proposed Boynton Beach Park of Commerce lies central to the newly developing north Congress Avenue corridor. Specifically, the surrounding land uses and zoning are as follows. DIRECTION ZONING CATEGORY LAND USE* Northwest PUD w/LUI = 4.0 Boynton Lakes PUD (UC) North Rl-AA (under consideration) High Ridge County Club Subdivision (P) Northeast M-1 High Ridge Commerce Park PID (E) Boynton Beach Distribution Center (E) East RS (Palm Beach County) Horse Farm (E) RS (Palm Beach County) Rl-AAA REC M-1 Vacant/Undeveloped Vacant/Undeveloped F O.P.A. site (UC) Gould Plastics (E) Curt Joa (E) 1-95 Southeast M-1 Boynton Beach Industrial Park North (E) South Rl-AA Laurel Hills (E) Skyl ake WC) Southwest R1-AA Vacant/Undeveloped West prD C-3 PUD w/LUI = 3.6 Motorola (E) Vacant/Commercial Dos Lagos (UC) --Page 2-- *E=Existing, P=Proposed, UC= Under Construction In more general terms, the site is bordered almost entirely on the south and west by major drainage canals and on the north and east by existing Dr proposed major public thoroughfares (See Exhibit A attached). EBQEQEsQ_ba~Q_WESE The proposed Boynton Beach Park of Commerce is a Comprehensive Development of Regional Impact within the context of Chapter 380 F S. The uses proposed within the Far~ are as follows. USES PROPOSED ACRES PERCENTAGE Commercial 27 6 5.1 Office 1:28.9 23.9 Light Industrial 254 7 47.~ Lakes and Wetlands 82.2 15.2 Roads 46 5 8.6 ----------- ----------- TOTAL 539.9 1001. ~Q~EB~~~~e!~s_Ebe~_~Q~EIQ~BeIIQ~E The matter of planned industrial developments is specifically addressed in the Comprehensive Plan Future Land Use Element as follows: "Future designation of planned industrial districts in areas indicated as residential or other uses on the Land Use Plan map shall be considered to conform with the Land Use Plan if all PIO location and design criteria are satisfied and upon approval by the Planning and Zoning Board and City Council" The locational and design standards referenced above are listed in the Zoning Code and appear as Exhibit C (attached). The design standards refer primarily to the placing of a building on a site; however, the Iocational standards must be met prior to rezoning in order to find consistency with the Comprehensive Flan. The first of the Iocational criteria is the relationship of the proposed project to major transportation facilities The proposed Boynton Beach Park of Commerce is served directly by N.W 22nd Avenue and peripherally by Congress Avenue, Hypoluxo Road --Page 3-- including an 1-95 interchange, Miner Road (proposed), High Ridge Road and Boynton Beach Boulevard including an 1-95 interchange All of these thoroughfares appear on the Palm Beach County Thoroughfare Plan Map as collector or arterial highways Additionally, it is contemplated that an interchange with 1-95 at N W. 22nd Avenue will be constructed and the applicant is obligated to work in this direction. Regarding the location of municipal utilities, the site is served by master sized water and sewer mains on the south, west and north. The plans for provision of sewer, water and drainage facilities on site provide for the construction of four (4) lift stations and gravity sewer systems, looped master sized water mains plus water mains of a smaller diameter to serve developed sites, and full provision of storm water retention systems on site, as required by the South Florida Water Management District, all to be constructed by the Park~s developers Concerning the physical character of the site, there are no impediments to development which cannot be overcome with mitigatory construction techniques. B!;~Q!::1!::1~!:~maIIQ~ The Planning Department recommends that the request for an amendment to the Future Land Use Element of the Comprehensive Plan and the accompanying rezonings submitted by the Riteco Development Corporation for the Boynton Beach Park of Commerce be approved, subject to the following. 1 The list of staff comments which is attached to this memorandum as E: hibit D; and, 2 The list of comments adopted by the Treasure Coast Regional Planning Council which is attached to this memorandum as E:-:hibit E The reasons for this recommendation are numerous and include the following 1 A recommended finding of consistency with the Comprehensive Plan policies for planned industrial districts which reference the three locational criteria in the PID zoning regulations; 2. The positive recommendation received from the Treasure Coast Regional Planning Council; ~. The contemplated reduction in area-wide unemployment with more than 13,000 jobs created, of which 11,000 employees will be hired from the local economy; 4 The $150 million to be spent locally to construct the Park; 5. The $70 million in projected annual payroll at project build out; --Page 4-- 6 The positive fiscal impact on the City s, County sand School Board s finances, which, based on current millage at build out would exceed $8.7 million per year; and, 7. The program for mitigation of negative impacts which is e: plicit in the City s and Treasure Coast Regional Planning Council~s comments. In conclusion, the proposed Boynton Beach Park of Commerce provides for the City, an opportunity to e pand its non-residential tax base in an environmentally sound manner In addition to the rigorous review imposed on developments of this sort by Florida Statute (Chapter 380, Development of Regional Impact) which ensures that resources of the Region will not be impaired, and by the City s technical staff related- to site maintenance and facilities operation, approval of industrial land uses by the Planning and Zoning Board is required prior to commencement of operation. CG~N~~ PLANNING DIRECTOR /bks EXHIBIT A ~ -- t I c I "1_ I ."~ I - ~' , ~ ! --, Cl <C o - "" ..... <.!:l Cl ...... ""o~~"'"= ....;~ = ,~ ~.....w~ == L_ .1\ r-r-,...-::j I b \~ ( I u uu._... .u, L_ t I I I ~I QI~1 I ~\ '~ ,--," EXHIBIT B I~I L' Qt:i 1:" .t1 ~ ILi...... 1'\,\~"1 \ I ::I.... 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I W-/' CHJ'V'3 Ir---'r- t--~ ~ i"-=~ .':111;;;;,!:-';;: Chd n ~ :':'::-l.I~.;: ~ ..' /t/l NO!NA09 II'" a '1 A' ! l t.llLLLl ~"'" "'j..... - Irei:. -.lU , . i .' ~ . .." _ ~ /1./ :~N~1 ~,,,-,,~,,-~W~NVJ N~O!NA~) zl d. ,J c... :\-:;;: ~J,. " U nd !tfl,::~ >0.."'''''''''''''~ ~! b[J [ft?:'~\~(i;IJ~~'~'~~;,o:' ! - t;rc/ 'jj\. J ~ ,'.'/lltf~~~"" ~!...'~"I(G3S0dOl/d):'\:~-"~ : .sa>l'" , nr.'J ~ Iil/I:~"'" ~ ,......"......"" ~ ;:; ssatlDNO::l '~1 ~l \ a e~/flfA' :.~,,~ ~:~.?"l/3WWOJ.:10 >Il/\fd" ~,\ I i ".< .~\ \ '/#//1 "~'''~'~''''''''''~1~ '".. ".~I;t . '-\t:h::l.a~I/I!4 ~~~~~~~~o{R,~,~,(OJ~~1M '..Jd)1~!J' '~\: r /;f'}6J~;:\~~~~\..,~,~~ o~; O"S In, I : I\li~' kllj,)h3~ ~~"""'~'\~~~~ end )~ E: lu~fj $/# .. ~~~, ~~"''''''''',~~ ~nlf ~. ~l g j" I!III ~",.,,~~~ ~~",",",",' :' ,!l'8~ !.~:';:. .~.r .iil:11 11111, ~ St:I ~~~~'~~~~~~~~~~i ~~~ '.\;:. \:':','1.1, ',.J)~" / III! tmM31N12 == ~ A.LI::I t\..~ "~ 0(fjJjp 'i- c-p., .tj.... ff .:::J 1 II' NOun9..:.~..:,s~ ~ .L~IN ~ '" .' I. ~,~ rr -J (-l 'r~~"1 1I'Iil HJm..ff ~ ~~'''''''~ a; ~:e.\:i. ~~ \@',llR"r,aroMrf!iIWl ' ~,~~ ~ k ~\--'; ~ i'l: ./1' 19m .... J saoll ~~ ~, I\\<\-.::M:::M~' ,i /Ij~! I~~~~J.~ mON 'rf"Cf1.1:I ~~~~~,~ ~ I );.>',"""""'/ """""*, !~1';~' St:I __ _.,~..'" ~ k~ ~i ~ II}'" ~I "'I i ai:.B I~";-: ~;;;: _t'Ba>lI~. ~)! ".~ t I aJ~ '~J' ,,: ........ I : NC.LNA ~ :, ..... L : ~: llf.l I ~ H,,:, . /1'1', 13 , ~ I 'C..... "1_ . _', ~ onc;l; an'J A1UWOJ 390IH H!}JH f v I'.,..... r, ~I J'~~ i : en t:t: 11'1! i "..,a.t:1 ~ :2 3 t:I .! C (~ .:~~~ - Fi;l 1(,~;:i7 ." '&,U:} I . : I; 1m ! ~;li!.~:j).I~!)) II. 'lilll.111 ~ r I ._ f?' '.!i! lill rl~ I 'i II St:I rf;~ff.!ni! :)'1" '1 /Ill! 7T , ~ UfJ.{~:~.)lL""'" ~II.I~'III )w' . ~y ),1 I t10:l ., ~"!i)~ -I; - I. 111 S~; n ~, " I II jl ill OVOM o,nlOdAH- . ., ... , ~fTTTi11 ; I jr i IL 'I~'I i \1 1 -- ~ ' llVW HJV39 I ----' o N01N'O~:l ---, \ 'W,IIt end h,' /.r' if II II # ~;p .......,.. J,.1.!' , , .,. ;t; :"f....!{:; ~ .. ., ~ *' \\. .. :-1"*";,,";: .../': ". '" .' ~....... EXHIBIT C . :"",~~~.~...:.-.r.....;:t.~"~,I:'~~~~:""'~'.I'.~ ~ ~.""~~:,,~,).,.~.,"'~:':",,,: =...... ."t::'~~~.l,.'<l..t~~. -- .. ,,.~..,::-~-::;.':~,:,i .......,:. ~. .....::>o~.. o See. 7 BOYNTON BEACH CODE () ( G LOCA TIONAL STANDARDS FOR PID'S. In reaching recommendations and decisions as to zoning land to PID the planning and zoning board and the governing body shall apply the following locational standards, in addition to the standard's applicable to the rezoning of land generally. 1. Relation to major transportation facilities. A PID shall be so located with respect to major roadways or other transportation facihties as to provide direct access to it wIthout creating or generating traffic along streets in resIdential areas or districts outside it. 2. Extensions of cIty-maintaIned waterhnes, sewer hnes, pumping stations, streets and storm sewers, etc., shall be constructed at no expense to the city and all such ( ') construction shall be in accordance with CIty ordi- nances and specifications. 3. Physical character of the site. The site shall be suitable for development in the manner proposed WIthout hazards to persons or property, on or off the tract, from probability of flooding, erosion, or o~her dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage and topography shall all be appropriate to both kind and pattern of use intended. H. DESIGN CRITERIA. 1. Paumg All interior paVIng shall comply with specifi- catIOns and standards set forth and subject to the approval of the city engIneer 2. Off-street parkmg One and one-half (1 V2) parking spaces shall be prOVided for each two (2) employees on a maximum shift. In addition, Visitor parkIng shall be prOVided which IS deemed adequate to serve the needs of the partIcular use by the planning and zonIng board. 3. Accessways In the Interest of public safety, no more than two (2) accessways shall b(: permItted on to any single p~rimeter publIc right-of-way and interIor 1926 ( ei ( c (\ ~. !S~~,,'4'~~~~~~~~~'t\~~~ ... ~. ...~ ~-. "': ._'". .;... ". .10" '- .."'~ :,,:,.~~. .. - .o- ... ~..: ; .....- ' ~ -, ,. (, ."-~~.~~'-;.~..'~~-f...~~~.;.~~~..rr.~.r;;\r':.."!~ - ~..:: -.:-. LJ .!..~~:i:...:' ~ "... ";-~..."""f(_""~_" .:.;,./.;'.~;'i" ;. ... ~..,::.;-":- ...;,.. ..., ..., c APPENDIX A-ZONING See. 7 "' accessways shall be limited to no more than two (2) per developable parcel and interior accessways shall be located no closer than one hundred and fifty (150) feet from center line to center line. 4. Hotel and motel densLty Permitted density for hotel and motel development shall not exceed twenty (20) units per acre. 5. Utdity transmLssion lmes, etc. All utilIty transmission lines, conduits, conveyances or other devices or apparatus for the transmIssion of utility services and products, including all franchised utihties, shall be constructed and installed beneath the surface of the ground with the exception of mam overhead feeder lines. Appurtenances to these systems whIch reqUIre aboveground installation shall be effectively screened, and, thereby, may be excepted from this requirement. 6. SolLd waste and refuse dLsposal. Plans for solid waste and refuse disposal shall conform to and be approved by the city and county health departments. 7 Samtary sewage system. Sewage system will be furnished and installed in accordance with city standards and other pertinent city ordinances. 8. Public water system for both domestic use and fire protectwn. Water systems must be installed in accordance WIth city standards and other pertinent city ordinances. 9. Storm water system. When approved positive drainage is not avallable, on-SIte containment of storm water run-off shall be provided by the developer Details of the on-site system shall be approved by the city engmeer 10. Access to perform necessary publLC serUlces. The develop~r and/or owner shall dedicate to CIty any easement that city deems necessary for pubhc services end said dedication shall prOVIde that develcper and/or owner shall hold city harmless for nny of its \(- '- \ 1927 .." .,,_~ r_ "j' 'er-,~?;,-:t:!.-~~v~",.~;..7:~'::""","O ( Sec. 7 BOYNTON BEACH CODE ~...zf,~~~,~~~i-~~~~\;"':.'-';.' acts performed within or abutting said easements if any loss or damage is caused to abutting property 11. Off-street loading In no instance shall off-street loading facilities front on a pubhc right-of-way and in no event shall these facilities be located within eyesight of residential district. 12. Plot coverage The gross floor area of the building and its accessory structures shall not exceed sixty per cent (60/jo) of the plot on which it is constructed. 13. Open space Each plot to be developed shall contain a minimum of twenty per cent (20%) unobstructed, non vehicular open space. All open portions of any lot shall have adequate grading and drainage, and shall be continuously mamtained in a dust-free condition by suitable landscaping with trees, shrubs or planted ground cover The design of such landscaping and the measures taken to insure its maintenance shall be subject to the approval of the planmng and zoning board and the community appearance board. 14. Maximum budding height. No building or appur- tenances thereof shall exceed forty-five (45) feet in height. 15. D~stance between bwldings. No building shall be constructed closer than twenty-five (25) feet to another principal building on the same lot or parcel of land. 16. Dlstnct setbacks Front, thirty (30) feet, side, twenty (20) feet; rear, thirty (30) feet. 17 Penpheral greenbelt The project area shall be enclosed on all sides with the exception of accessways for traffic and fretght by a landscaped area with a mlmmum Width of twenty-five (25) feet except when such property abuts a residential district such greenbelt shall have a mininlum width of forty (40) feet. ,...f .~ _ i,\>-/'- ._. '- ... . .---: ,~,': i",.~.'~~~'~.i{~.a"':"~~:;'!,::'~~l~~~~f!~~.- .~ 1!}28 ......;!-~..;~.. ~..~.i ",,:,.~_~:"'" . 00 .J_. .,.:~.. ......... - ':' ': () (;.., ..~~... (1 ( t () ~ .~~\I~\;'~~~~('lo,.'~.r;~:.~~-"." ..... 't. .-- -;. '.^-~~ "". ~- - ':. -.;70-: h7':'~ ~. "- .:.~' ., "'.'!", (J .~...' ~i..~H.._< L~.~<'<(f."...~~;;.).:'.\~...r.;,<,:';~. .~ ~.: ~>:-'I.~~;1 ..;. ~I,; . .. .~ . <- ...,.~.:. .._.~..;.~ r-_ ;.~ .... .:;..._...,.....~;''l.~._ . ... .!~ ll'f,,~~-:. .. ." ( ( APPENDIX A-ZONING Sec. 7 It shall be the responsibility of the owner or developer to carry out this requirement. and to provide such maintenance or guarantee of maintenance, subject to planning and zoning board and community appearance board approvaL ( 1. PROCEDURES FOR ZONING LAND TO PID The procedure for zoning land to the PID classification shall be the same as for zoning land generally Because of the differences in PID develogments and the concept of unified control in development, the following procedures and requirements shall apply to applications for zoning to the PID classification in addItion to the general requirements. 1. Applications, materzals to be submltted. In addition to information required for application for zoning generally, the applicant shall submit the following materials or data. a. Legal documents assuring umfied control of the proposed PID and the agreements required under subsection D b. A master site development plan containing: (1) The title of the project and the names of the professional project planner and the de- veloper; (2) Scale, date, north arrow, and general location map; (3) Boundaries of the property involved, all existing streets, buildings, watercourses, ease- ments, section lines and other existing impor- tant physical features in and adjoining the project; (4) Site plan of locations of land uses including but not limited to mdustrial areas, greenbelts and proposed rights-of-way; (5) Master plan showmg access and traffic flow; and (6) Tabulations of total gross acreage in the development and the percentages thereof to be devoted to the various land uses. c. R~pealed by Ord. No. 73-37, S 1 1929 \ .... .... r .. 1 ... _ ,-,..~ r.""lilt..~ ......! ,.... '..a...:::~ ,,--.......... .... ........... , Jp :..h..-' '- EXHIBIT D EXHIBIT D 1 Within si ty (60) days of the approval of the Development Order, dedicate to Palm Beach County the right-of-way for Miner Road through the limits of the Par~ Miner hoad appears as a 108 foot arterial on the County s Thoroughfare Flan 2 Within sixty (60) days of the approval of the Development Order, dedicate to Palm Beach County the additional right-of-way for N.W. 22nd Avenue through the limits of the Far~ N.W 22nd Avenue appears as a 108 foot arterial on the County's Thoroughfare Plan ~ In connection with the requirement to set aside forty (4u) acres of scrub habitat, within ninety (90) days of the approval of the Development Order provide for the City of Boynton Beach the legal description of the areas to be preserved 4 Submit to the City of Boynton Beach for review and comment, the documents which dedicate to the property owner's association the required forty (4()) acres of scrub habitat prior to the recording of same For a period of ninety (90) days following the approval of the Development Order, the City reserves the right to receive this dedication in lieu of dedicating these lands to the Park's Association. 5 Prior to the adoption of the Development Order, the City of Boynton Beach will have adopted an amendment to the Municipal Subdivision Regulations which will require the dedication of land, land and dollars, or dollars for civic, non-recreational governmental purposes. As applied to the Boynton Beach Park of Commerce, the requirement for non-residential developments is based on total trips generated by the development on a daily basis, with ten (1u) trips per day equal to five thousandts ( ()( )5) acres of ci vi c I and dedi cati on. For the purposes of the Boynton Beach Park of Commerce the following additional criterial shall apply a The total trips per day = 44,143 b The project area = 540 acres. c As sufficient lands for civic, non-recreational purposes e: ist in the area to serve the project, dollars will be required in lieu of land. d The dollars will be payable at the time of the submission of a final plat using an average of eighty-two (82) trips per gross acre within the plat's described boundaries The eighty-two (82) trips per day is computed by dividing the total trips per day (44,147) by the gross project area (540) e The amount of the fees to be paid shall be as required in the subdivision regulations 6 In addition to the water mains proposed to be constructed as a part of the first plat improvements, the developers of the Park will be --Page 1-- required to e: tend the si teen (16) inch water main proposed to be installed in N W 22nd Avenue eastward to High Ridge Road to tie into an existing si teen (16) inch water main 7 The gravity sewer system serving lift station number 3 over its northern and eastern reaches shall be deepened to allow the elimination of lift station number 2 8. All water mains proposed are to be accessible from either a paved street, driveway, or par~ing area 9 The Park s developers shall dedicate to the City of Boynton Beach, a twenty (20) foot wide utility easement parallel and adjacent to the Boynton Canal between the proposed water main canal accessing and High Ridge Road 10. The Far~ s developers or assigns shall provide on-site security during all phases of construction in the construction areas 11. As it is the stated intention of the Park s developers to supplement municipal police protection with a private, centrally-located and housed, on-site security force, the following shall be required: a All security alarms to be installed within the Park are to be connected to the on-site security facility b It is required that the Par~'s developers utilize a single alarm vendor for the entire project c It is required that the Par~ s developers submit to the municipal Folice Department the research employed as a basis for vendor selection 12. N W 22nd Avenue shall be constructed with a landscaped median, and the developer shall submit to the City of Boynton Beach, the landscaping and irrigation plans for review and approval 13. Any of the Par~ s internal rights-of-way which are public will be landscaped The landscaping and irrigation plans shall be submitted to the City for review, approval and subsequent maintenance 14 The 17 6 acre tract of land located in the southeast corner of the intersection of NW 22nd Avenue and High Ridge Road, bordered on the east by the FOPA site is to be considered for dedication to the City for public park purposes in order to create a north district municipal park. 15 In addition to the above-mentioned requirements, the following recommendations are offered for the developer s consideration a Consider utilizing the services of a third-party van pool operator at the appropriate time This service could be coordinated through the proposed property owners association or by the individual tenants, possibly in cooperation with adjacent employment centers such as Motorola and the DeBartolo Mall Information about the Florida Department. of Transportat.i on sponsored "Sharf? A Van" program is --Page r:>__ .... available f~om the Ene~gy Office b Conside~ the establishment of a designated "Fa~k and Ride" facility in the vicinity of the p~oposed N.W 22nd Avenue and 1-95 inte~change in coo~dination with the Flo~ida Depa~tment of T~anspo~tation. c Conside~ a mechanism to ensu~e the p~otection of sola~ access ~ights o~ "easements" fo~ tenant sites opting to utilize this technology (This could be coo~dinated th~ough the a~chitectu~al ~eview committee) d Consider the use of high-efficiency low-pressu~e sodium vapo~ lighting in areas where the associated monochromatic effects would not be a significant facto~ (i.e sto~age a~eas, loading doc~s, alleyways, etc ) e Conside~ the utilization of ~ecycling facilities and the seconda~y materials ma~ket to mitigate the negative impacts posed by solid and hazardous waste mate~ials and thei~ associated disposal ~equi~ements Agencies such as the Sout.heast Waste Info~mation E::change (founded by the Flo~ida Chambe~ of Comme~ce) p~ovide a clea~inghouse fo~ the ~ecove~y and ~euse of a va~iety of mate~ial that would othe~wise pose se~ious disposal and/o~ t~eatment p~oblems. 16 The Comp~ehensive Plan Ene~gy Element ~equi~es the inclusion of language in suppo~t of the conse~vation and efficient management of ene~gy ~esources in all applicable municipal o~dinances and such language must be inco~po~ated into the Development O~de~ ~ RECOMMENDED MODIFICATIONS TO EXHiBIT D 1 Change si ty (60) to ninety (9u). 2 Change si ty (60) to ninety (90) 3 Change ninety (90) to one-hundred eighty (180) 4. Substitute language as follows: In connection with recommendation 6c which appears in the Regional Planning Council s report and recommendation, the developer shall provide for the City s approval, documents which will specify the nature of and responsibility for the continued maintenance and preservation of the forty (40) acre scrub habitat set aside 5. Although there are differing opinions as to the legality of the proposal as drafted, it is recommended that the Board approve item 5 in concept and forward it to the City Council as proposed. 6 Substitute language as follows In addition to the water mains proposed to be constructed in Phase I as a part of project development east of the L W D D E-4 Canal, the developers of the Par~ will be required to e tend the si teen (16) inch water main proposed to be installed in N W 22nd Avenue eastward to High Ridge ~oad and then northward on High Ridge ~oad to tie into an existing si teen (16) inch water main within five (5) years of the date of the approval of the Development Order. Also, in order to clarify utility construction in Phase I, the following shall apply. A. Any Park development east of the L W D.D require the construction of all Phase I utilities as master plans for utility construction; and, E-4 Canal will shown on the B Any Par~ development west of L W.D.D E-4 Canal will require the construction of all utilities shown over that portion of Phase I plus an additional tie into the e::isting si teen (16) inch water main on the west side of Congress Avenue at the project s northern entrance 7 See the memorandum attached from Mr Cessna to the Planning Director dated ~~ October 1984 9 Change twenty (20) to (12). 11 Delete llb. 14 See the attached letter from Wade hiley to Peter Cheney dated 22 October 1984. Suite 201 1300 West lantana Road lantanC!- Florida 33462 Phone, (305) 533-0902 F_2=::~-'~;' --~D 0,--.,. - ! RITECO DEVELOPMENT CORPORATION t;L:-\: ,-,-'.-'1' J. ~_'" __1 1 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 the City owned property located at the intersection of N W 22nd Avenue and Seaboard Coast Line Railroad. Riteco would propose to use properties located within the Planned Industrial District located in the same area. This exchange would be done on a value for value basis with said values being mutually acceptable to both parties If this concept meets with your approval, we would be pleased to meet with you at your earliest possible convenience Sincerely, j1 C)n...-lv :'\ J~, Wade Riley,:.;-r- Vice Pres ide"nt WR/gd cc: Mr Carmen Annunziato ~ MEMORANDUM October 23, 1984 TO Mr. Carmen S. Annunziato Director of Planning RE: Boynton Beach Park of Commerce The approval of this development as related to their lift station configuration should specify that at the time of planning the first phase east of the E-3 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 nortn east section of the develop- ment. Based upon a review by the city staff and city's engineers, the design will be finalized prior to approval of the plans for lift station #3 and its gravity collection system. (j f1 f1J44cf( perr~ssna, Director of Utilities apt EXHIBIT E r I f r I f r r ! I L It is the recommendation of the Treasure Coast Regional Planning Counci 1 that the Boynton Beach Park of Commerce Development of Regional Impact be APPROVED, provided that the following conditions or requirements are included in the Development Order issued by the City of Boynton Beach APPLICATION FOR DEVELOPMENT APPROVAL 1. The Boynton Beach Park of Commerce Application for Development Approval is incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Appl ication for Development Approval is a condition for approval unless waived or modified by agreement among the parties, as defined in Subsection 380 07(2), Florida Statutes. For the purpose of this condition, the Application for Development Approval (ADA) shall include the following items a. ADA submitted May 21, 1984, b. Supplemental information submitted on July 26, 1984 COMMENCEMENT OF DEVELOPMENT 2. In the event the developer fails to commence significnt physical deve 1 opment with i n three years from the effect i ve 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 development shall mean site preparation work for any portion of the project I l 1-5 ... ..., r r r r r r r r [ [ l [ ~ L L l l i l AIR 3 Clearing of specific building sites shall not commence prior to the phase in which the site is scheduled for development. 4. During land clearing and site preparation, wetting operations or other soi 1 treatment techniques appropri ate for controll ing unconfined emis- sions shall be undertaken and implemented by the developer to the satis- faction of the Palm Beach County Health Department and Florida Department of Environmental Regulation HISTORIC AND ARCHAEOLOGICAL SITES 5 In the event of discovery of any archaeological artifacts during project construction, the developer shall stop construction in that area and immediately notify the Bureau of Historic Sites and Properties in the Florida Department of State Proper protection, to the satisfaction of the Bureau, shall be provided by the developer HABITAT, VEGETATION AND WILDLIFE 6 The developer shall preserve in viable condition a minimum of 40 acres of Sand Pine Scrub canopy, understory and groundcover vegetation Prior to commencement of any clearing activities, the developer shall survey the site to determine the numbers and distribution of any popula- tions of the Gopher Tortoise, Florida Burrowing Owl, Florida Gopher Frog, Florida Mouse, and Florida Scrub Lizard which occur Sand Pine Scrub preserve area(s) shall be of appropriate size, quality and arrangement to maintain all populations of these species A preserva- tion plan shall be developed which a identifies and del ineates the boundaries of Sand Pine Scrub habitat areas to be preserved, 1-6 I i I b provides for the effective relocation into preserve area(s) of any pop u 1 at ion s of the spec i es of concern 1 is ted above wh i ch f occur outside of the preserve area(s) limits, and c provides a management program for the Sand Pine Scrub preserve area(s) which will provide and maintain suitable habitat for the species of concern which exist or are relocated into the area(s). The above plan shall be submitted to the City of Boynton Beach, Florida r Game and Freshwater Fish Commi ssion, Department of Natural Resources, and the Treasure Coast Regional Planning Council. No development shall occur until the plan has been approved by all of the responsible j i l agencies and the animals are relocated in accordance with the approved plan 7. Prior to clearing any scrub areas, the developer shall provide suffi- cient notice to officials at Jonathan Dickinson State Park so that they may make arrangements to obtain any plants which would otherwise be destroyed 8. In the event that it is determined that any representative of a pl ant or animal species of regional concern is resident on or otherwise is significantly dependent upon the Boynton Beach Park of Commerce property, the developer shall cease all activities which might nega- tively affect that individual or population and immediately notify both the Florida Game and Freshwater Fish Commission and the U.S Fish and W i 1 d 1 if e S er v ice Proper protection to the satisfaction of both agen- cies shall be provided by the developer 1-7 .." .." r r [ r r r r I ( [ L l ~ l L l l t L 9 The deve loper shall es tab 1 i sh a vegetated 1 ittora 1 zone of hardwood swamp/freshwater marsh habitat compri sing a total of no less than 11 acres as part of the surface water management system No less than 5 5 acres of the 11-acre littoral zone requirement shall be maintained and comprised of species that are representati ve of hardwood swamp habitat found on-site including but not limited to swamp bay, dahoon holly, and pond apple in association with a typical herbaceous layer of ferns and other native indigenous hydrophytic vegetation The littoral zone habitat shall be fully vegetated with native plant species and occur from lake control elevation to a depth of three feet below control elevation In addition, the developer shall preserve on-site six acres of seasonally flooded wetland habitat designed to be of value to fish and wildlife species and consisting of native vegetation typical of such habi tats Prior to commencement of construction for any phase of the proj ect, the developer shall prepare a design and management plan for all wetlands or 1 ittora 1 zones that wi 11 be a part of that phase The plans shall 1) include a topographic map of the wetland or littoral zone, or include typical cross sections, 2) specify how vegetation is to be established, including the extent, type, method and timing of any planting to be provided, and 3) provide a decription of any management procedures to be followed in order to assure the continued viability, health and function of the littoral zone or wetland The plan for each phase shall be subject to approval by the City of Boynton Beach in consultation, with the Treasure Coast Regional Planning Council The 1-8 f I r , ! plan shall be implemented and work inspected no later than 18 months after each lake is excavated 10 In accordance with the following provisions, the developer shall provide and maintain a buffer zone of native upland edge vegetation around wetl and and deepwater habitats which are preserved or constructed on-site The buffer zone may consist of preserved or pl anted vegetat ion but shall inc 1 ude canopy, understory and groundcover of native species only The edge habitat shall begin at the upland limit of any wetland or deepwater habitat and shall include a total area of at least 10 square feet per 1 i near foot of wetland or deepwater habitat perimeter Thi s up 1 and edge habitat shall be located such that no less than 50 percent of the total shoreline is buffered by a minimum width of 10 feet of upland habitat 11 During construction, all Melalueca, Brazilian pepper and Australian pine which occur on-site shall be removed Removal 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 r r f DRAINAGE 12 The surface water management system shall be des i gned and constructed to retain, as a minimum, the first one-inch of runoff or the runoff from a one-hour, three-year storm event, whichever is greater, from all bu i 1 di ng sites, park i ng areas and i nterna 1 roadways. Where depres sed truck wells are constructed in a manner which would preclude retention of the fi rs t inch of runoff from the we 111 s imperv io us surf ace, the retention requirement shall be waived and the truck well drainage 1-9 ~ ...., r r [ r r I r I I [ l l ~ 1 1 l l 1 I 13 system shall be designed and maintained to include oil and grease receptors and open bottom sedimen tat ion sumps as po 11 ut ion retardant structures Park i ng areas and roadways adjacent to the truck well s sha 11 be desi gned to di vert runoff to storage and exfi 1 trat ion systems on-site prior to discharge into the surface water management system Condition 16 shall apply where hazardous materials will be used No unfiltered runoff from parking areas and roadways shall be dis- charged directly into any wetlands The surface water management system shall be desi gned and constructed to maintain existing normal seasonal water table levels and hydroperiods As part of the annual report required under Sect ion 380 OGOG), Flori da Statutes, the developer shall provide a list of all industrial tenants, inc 1 udi ng a descri pt ion of thei r activities and the four di git standard Industrial Classification Code applicable to the operation A copy of this list shall be provided to the Department of Environmental Regu 1 at ion, the South Flori da Water Management Di strict and the agency delegated the authority for maintaining, updating, and verifying the master files for hazardous waste generators in Palm Beach County Prior to occupancy, each specific tenant or owner that uses, handles, stores or displays hazardous materials or generates hazardous. waste shall meet the following requirements The tenant or owner shall construct an appropriate spill containment system which shall be designed to hold spilled hazardous materials for 14 15 16 !-~O - I r f f I J , I L cleanup and to prevent such materials from entering the storm water drainage system In addition to a containment system, tenants or owners shall also develop an appropriate early warning monitoring program. The containment system and monitoring program shall be accept- able to the Department of Environmental Regulation and the South Florida Water Management District and shall serve all structures or areas where hazardous materials are used, handled, stored or dis- pl ayed, or where hazardous wastes are generated The developer shall impose these requirements and the obligation to remediate any contamina- tion on each industrial tenant or owner in an appropriate covenant and restriction which shall be approved by the Department of Environmental Regulation and the South Florida Water Management District. 17 The developer shall develop a hazardous materi a 1 s contami nat ion response plan for the development within one year of the effective date of the Development Order The plan shall be reviewed and approved by the City of Boynton Beach in consultation with the South Florida Water Management District, the Palm Beach County Emergency Preparedness Division, the Department of Environmental Regulation, and the Treasure Coast Regional Planning Council The plan shall identify appropriate measures for contamination response, including, but not limited to a provision of equipment and trained personnel on-site or a contract with a contamination response firm meeting Florida Department of Environmental Regulation requirements, if found necessary by the above referenced agencies to protect the groundwater from possible contamination, ! l l 1-11 .., ..""" r r f r r I r I I [ [ L ~ l L l L i l b specification of follow-up water quality monitoring programs to be implemented in the event of contamination~ c specificat ion of des i gn and operat iona 1 measures to contai n and direct contami nated surface runoff away from ponds, canals~ drainage structures and other connections to the surfi- cial aquifer, d specifications for the development and implementation of a coordinated monitoring program which incorporates the indivi- dual site monitoring programs required under Condition 16 above in such a manner as to achieve an efficient and effective overall project early warning monitoring program, and e requirements for financial responsibility which will assure cleanup costs can be provided WATER SUPPLY 18 All requirements for nonpotable water shall be met only by withdrawal s from the surface water management system and adjacent canals 19. A minimum of 30 percent of the landscaped areas on-site, excluding the retention areas, rights-of-way, building courtyard areas, and planting boxes which abut buildings, shall be comprised to preserve, enhance or recreate nat i ve vegetation The locat ion of vegetat ion areas shall be such that the watering and fertilization of non-native areas not inhibit the management of the native vegetation areas in a healthy state A minimum of 50 percent of the trees and shrubs used in landscapi ng shall be nat i ve trees adapted to the soil condit ions on- site 1-12 f r r r f I WASTEWATER 20 Generation and disposa 1 of hazardous effl uents into the sanitary sewer system shall be prohibited unless adequate pretreatment facilities, approved by the Flori da Department of Environmental Regu lat ion and the agency responsible for sewerage works, are constructed and used by project tenants or owners generating such effluents. ENERGY 21 To the extent feasi b1e, the developer should incorporate energy conser- vation measures identified in the Treasure Coast Regional Planning Council's Regional Energy Plan 22 Prior to final site plan approval, the developer shall implement the energy conservation measures endorsed and/or recommended by the architectural review committee The energy conservation guidelines sha 11 incorporate, at a mi nimum, those energy conservat ion measures identified on pages 25-4 through 25-7 of the Application for Development Approval The guidelines, and any subsequent revisions, sha 11 be transmi tted to the City of Boynton Beach and the Treasure Coast Regional Planning Council TRANSPORTATION 23 The developer shall construct an additional two lanes on Northwest 22nd Avenue from Congress Avenue to Seacrest Boulevard within five years from the date of recording of the first plat The construction shall include all intersections and the bridge over the E-4 Canal, but not the widening of the existing bridge over 1-95 1-13 ., '-' r I f r r r r I I 1 l L ~ t l 1 l 1 t 24 The developer shall have construction plans and right-af-way map prepared for construction by Palm Beach County of double left-turn lanes on the east and west approaches to the intersection of Congress Avenue and Boynton Beach Bou lev ard Surveys and des i gn work shall be commenced within 30 days after issuance of the Development Order by the City of Boynton Beach Completed plans and right-of-way map shall be de 1 i vered to the County withi n four months after the date of the Development Order The developer shall contribute $141,000 to the County within 30 days after construction contracts are awarded and construction has started The developer shall have a Feasibility/Justification Study and (subsequent) Environmental Impact Statement (EIS) prepared under a contract which shall be approved by the City of Boynton Beach prior to execution of same, for an interchange between 1-95 and Northwest 22nd Avenue The developer shall pay up to $200,000 of the cost of these engi neeri ng/envi ronmenta 1 studies The Feas i bil ity/ Just ificat ion Study sha 11 commence withi n 30 days of the issuance of the Development Order and be completed within 200 calendar days thereafter The EIS shall commence upon favorable review by the Department of Transportation of the Feasibility/Justification Study and be completed 365 calendar days thereafter 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 lanes on Congress Avenue, bringing it to a six-lane capacity, from Boynton Beach Boulevard to Mi ner Road If thi s improvement is constructed by others at no cos t 25 26 1-14 r i I to the deve loper and if neither the State nor Federal goyernment has indicated disapproval of the 1-95 interchange at Northwest 22nd Avenue, the developer shall contribute $900,000 toward construction of the ~ i ! F t interchange. If the contri but ion is not required for the interchange, the developer shall provide $900,000 to the County to be used for improvements at the intersection of Boynton Beach Boulevard and Congress Avenue and the intersection of Northwest 22nd Avenue and Congress Avenue to provide additional capacity required if the interchange at 1-95 and Northwest 22nd Avenue is not constructed The contribution under this condition shall not exceed $900,000 except as that amount is adjusted for changes in the cost of living by a construction cost index using 1985 as the base year 27 The developer shall contribute $900,000, in excess of any contribution made pursuant to Condition 26 above, for right-of-way acquisition and construction of an interchange at 1-95 and Northwest 22nd Avenue at such time that the funding is needed to commence with construction of the interchange The developer shall also dedicate to the appropriate governmenta 1 agenci es any inci denta 1 ri ght-of-way, not to ex ceed three acres, which is needed for the interchange and is located within the project boundaries If the interchange is disapproved by the respon- sible State and Federal agencies, the developer shall contribute $900,000 to Palm Beach County for improvements at the intersection of Congress Avenue and Boynton Beach Boulevard and the intersection of Congress Avenue and Northwest 22nd Avenue when the project generates in 1-15 .., ~ f r I { ( f I I I l l L ~ t L t l 1 I excess of 15,000 external trips daily This contribution shall not be required in the event that the $900,000 contribution required under Condition 26 above is allocated to improvements at these intersections. The contri bution under thi s condition shall not exceed $900,000 except 1,5 as that amount is adjusted for changes in the cost of living by a construction cost index using 1985 as the base year 28 The developer shall monitor project traffic generation annually begin- ning after development of 132 acres (not including R-O-W, retention areas or preserve areas), and shall provide that information to the City of Boynton Beach, Palm Beach County and the Treasure Coast Regional Planning Council. The methodology and scope of the monitoring effort shall be approved by the City in consultation with the County and the Treasure Coast Regional Planning Council The results shall be used to monitor compliance with Conditions 26 and 27 above 29 The developer shall provide signalization and turn lanes at the inter- section of Congress Avenue and the project access road and at all project entrances on Northwest 22nd Avenue as necessary to maintain service level C 1-16