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
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1300 West L1ntana Road
L1ntani!- Florida 33462
Phone, (305) 533-0902
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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
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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
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See. 7
BOYNTON BEACH CODE
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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
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APPENDIX A-ZONING
See. 7
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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
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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.
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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
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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
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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
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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
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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
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3 Clearing of specific building sites shall not commence prior to the
phase in which the site is scheduled for development.
4. During land clearing and site preparation, wetting operations or other
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,
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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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
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