LEGAL APPROVAL
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October 14, 1987
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TO
Peter Cheney, City Manager
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RE
Scrub Resolution
Enclosed is a revised proposed Resolution for your
review prior to being placed on the agenda for the next Cit7
Commission meeting for consideration
~~ R..
Raymond A. Rea
City Attorney
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RESOLUTION NO 87-h~
A RESOLUTION OF THE CITY COHMISSION OF
TIlE CITY OF BOYNTON BEACH, FLORIDA
EXPRESSING SUPPORT FOR THE ACQUISITION
OR PRESEPVATION OF THE REr1AINING SCRUB
ECOSYSTEHS IN 130 lNTON BEACH, FLORIDA;
PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES
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WHEREAS, the ci tj Commission of the city of Boynton
Beach, Florida recognizes that past practices which have
allowed explosive land development have resulted in loss of
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most of the original domain, the native Florida ecosystems
of Boynton Beach; and,
WHEREAS, the Commission acknowledges that the few
native Florida landscapes remaining in Boynton Beach are
natural historic treasures, are of value to all citizens,
provide important environmental support services such as
groundwater recharge, add to the quality of life and,
therefore, are worthy or preservation for all time; and
WHEREAS, the city of Boynton Beach is presently
attempting to preserve a major and environmentally sensitive
mangrove area within the City limits by State acquisition
under the C.A R L Program; and
WHEREAS, the Commission has officially adopted (June
16, 1986) the Wilderness Islands program of Palm Beach
County,
the goal of which is
"
to protect
remaining
vestiges of native ecosystems
"; and
WHEREAS, five tracts of Florida scrub (in the City of
Boynton Beach) are currently entered into the Inventory of
native ecosystems in Palm Beach County which has been
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Florida
scrub
of
this
region,
being
WHEREAS,
the
subtropical, is the only ecosystem of its kind in the world;
and
WHEREAS, the Florida scrub ecosystem in Boynton Beach
Llnd
r~ln Beach County
is in extreme peril and on the verge
threatened,
or
dozen
least
rare,
WHEREAS,
at
a
endangered species of plants and animals are part of these
scrub ecosystems; and
WHEREAS, these native ecosystems, once destroyed, can
never be recreated
NOW, THEREFORE, BE IT RESOLVED BY TUE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Commission
supports
public
section 1
The
city
purchase or
preservation of
the four
( 4 )
remaining
scrub
ecosystem parcels not presently under pUblic ownership which
are
identified
in
Exhibit
"A"
attached
and
incorporated
herein by reference; and
Commission
supports
all
section 2
The
City
reasonable efforts toward preservation of City owned scrub
suitable
for
in
a
fashion
ecosystems
balancing
use
its
maximum enjoyment of its citizens
Section 3
The City Commission supports the concept
of a joint effort between the City of Boynton Beach, Palm
acquisition
for
private
sector
or
Beach
and
the
County
( 5) parcels as wilderness island
preservation of all five
park preserves; and
Section 4
The City of Boynton Beach pledges to
facilitate all negotiations and utilize all available
resources required to make this effort an unqualified
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PASSED AND ADOPTED this ~ay of ~
1987
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ATTEST
City Clerk
(Corporate Seal)
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CITY OF BOYNTON BEACH, FLORIDA
Nayor
Vice Nayor
Commissioner
Commissioner
Commissioner
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EXHIBIT "A"
FIVE (5) SCRUB ECOSYSTEM PARCELS
IN BOYNTON BEACH
1
*50 Acres
E of Seacrest
\V of F E C R R
S of S E 31st Avenue
N of S E 14th Avenue
2
6 63 Acres
S of Boynton Beach Water Tower
E of Seacrest
\'/ of F E C R R
3
**Tradewinds Scrubland
N of Woolbright Rd
approximately 30 acres
S of S W 4th Avenue
4
**Rolling Green Scrub
\'/ of Seacrest
20 acres
E of 1-95 between
N W 17th and N.W 19th
(City owned)
5
*Rosemary Scrub
H of Seacrest
E of 1-95
S of Atlantic Drive
approximately 20 acres
* - Purchase and Preserve
** - Preservation
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ORDINANCE NO. g 1-5/
ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING A COMPREHENSIVE DEVELOPMENT OF
RE~IONAL IMPACT (DRI) FOR A PROPOSED INDUSTRIAL
OFFICE PARK COMPRISING OF APPROXIMATELY 539 ACRES
LOCATED IN THE CITY OF BOYNTON BEACH, FLORIDA,
PuRSUANT TO CHAPTER 380, FLORIDA STATUTES 1984,
,SUBJECT TO SPECIAL CONDITIONS, DESIGNATING
THE CITY MANAGER OF BOYNTON BEACH AS THE
LOCAL OFFICIAL RESPONSIBLE FOR ASSURING COMPLIANCE
WITH THE DEVELOPMENT ORDER
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WHEREAS, RITECO DEVELOPMENT CORPORATION, a Florida
Corporation, has filed with the City of Boynton Beach an
Application for Development Approval of Comprehensive Development
of Regional Impact; and
WHEREAS, these proceedings relate to a proposed regional
industrial office and commercial park comprising approximately five
hundred thirty-nine and 9/10 (539.9) acres, located in the City of
Boynton Beach, Palm Beach County, Florida, generally east of
Congress Avenue-and we~t of Interstate 1-95; and
WHEREAS, the City Council of Boynton Beach, as the governing
body having jurisdiction, is authorized and empowered to consider
applications for development approval of developments of regional
impact pursuant to Chapter 380, Florida Statutes (1984); and
WHEREAS, upon publication and furnishing of due notice, a
public hearing in these proceedings was held October 23, 1984,
before the Planning and Zoning Board and November 8, 1984, before
the City Council of Boynton Beach; and
WHEREAS, said City Council has considered the testimony,
reports and other documentary evidence submitted at said public
hearing by Riteco Development Corporation, the Treasure Coast
Regional Planning Council, the Boynton Beach staff, the Boynton
Beach Planning and Zoning Board, and the public; and
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WHEREAS, the City of Boynton Beach and the applicant, Riteco
Development Corporation, aqree that the proposed Development of
Reqional Impact, which is the subject of this Development Order,
will result in a substantial impact on the existing civic and
non-recreational facilities of the City of Boynton Beach. In
recognition of such impact, Section 34 of the conditions for
approval have been included herein.
WHEREAS, said City Council, has considered all of the
foregoing.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Boynton
Beach, that said City Council makes the following findings of
fact:
Section 1:
A notice of public hearing in these proceedings
was duly published in The Post Extra, 9/6/84
,
a newspaper of
general circulation in West Palm Beach
, Florida pursuant to
Section 380.06, Florida Statutes, and proof of said publication has
been duly filed in these proceedings.
Upon consideration of all matters prescribed in
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Section 380.06 of the Florida Statutes, it is determined that:
Section 2:
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A. The development is not located in an area of
critical state concern.
B. The development does not unreasonably interfere with
and is not inconsistent with the achievement and the objectives of
state land development plan.
C. The development is consistent with local land
development regulations and is consistent with the report and
recommendations of the Treasure Coast Regional Planning Council on
file in these proceedings.
Section 3:
The City Council has concluded as a matter of
law that these proceedings have been duly conducted pursuant to the
provisions of Florida Statutes, Chapter 380, and, subject to the
special conditions hereinafter set forth, RITECO DEVELOPMENT
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CORPORATION is entitled to the relief prayed and applied for in the
Application for Development Approval (ADA).
Section 4
The Application for Development Approval of
Development of Regional Impact filed in these proceedings and the
additional material submitted to the Treasure Coast Regional
Planning Council in these proceedings by RITECO DEVELOPMENT
CORPORATION is hereby approved and the Development Order is herein
granted for the property known as the Boynton Beach Park of
Commerce, more particularly described in Exhibit "A" attached
hereto and made a part hereof, subject to the following special
conditions with which the Developer accepts and agrees to comply:
(1) The Boynton Beach Park of Commerce Application for
Development Approval is incorporated herein by reference and relied
upon by the parties in discharging their statutory duties under
Chapter 380, Florida Statutes. Substantial compliance with the
representations contained in the Application for Development
Approval is a condition for approval unless waived or modified by
agreement among the parties, as defined in Subsection 380.07(2),
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Florida Statutes.
For the purposes of this condition, the Application for
Development Approval (ADA) shall include the following items
(a) Boynton Beach Park of Commerce ADA, submitted
May 21, 1984;
(b) Boynton Beach Park of Commerce ADA Supplement,
submitted July 26, 1984;
(2) In the event the developer fails to commence significant
physical development within three (3) years from the effective date
of the Development Order, development approval shall terminate and
the development shall be subject to further consideration pursuant
to Section 380.06, Florida Statutes. Significant physical develop-
ment shall mean site preparation work for any portion of the
project.
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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 soil treatment techniques appropriate for
controlling unconfined emissions shall be undertaken and imple-
mented by the developer to the satisfaction of the Palm Beach
County Health Department, Florida Department of Environmental
Regulation, and the City of Boynton Beach.
(5) In the event of discovery of any archaeological artifacts
during project construction, the developer shall stop construction
in that area and immediately notify the Bureau of Historic Sites
and Properties in the Florida Department of State. Proper
protection, to the satisfaction of the Bureau, shall be provided by
the developer.
(6) The developer shall preserve in viable condition a
minimum of forty (40) acres of Sand Pine Scrub canopy, understory
and groundcover vegetation. Prior to commencement of any clearing
activities, ~he_developer shall survey the site to determine the
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numbers and distribution of any populations of the Gopher Tortoise,
Florida Burrowing Owl, Florida Gopher Frog, Florida Mouse, and
Florida Scrub Lizard which occur. Sand Pine Scrub preserve area(s)
shall be of appropriate size, quality and arrangement to maintain
all populations of these species. A preservation plan shall be
developed which
(a) identifies and delineates the boundaries of Sand
Pine Scrub habitat areas to be preserved;
(b) provides for the effective relocation into preserve
area(s) of any populations of the species of concern listed above
which occur outside of the preserve area(s) limits; and
(c) provides a management program for the Sand Pine
Scrub preserve area(s) which will provide and maintain suitable
habitat for the species of concern which exist or are relocated
into the area(s).
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The above plan shall be submitted to the City of Boynton
Beach, Florida Game and Freshwater Fish Commission, Department of
Natural Resources, and the Treasure Coast Regional Planning
Council. No development shall occur until the plan has been
approved by all of the responsible agencies and the animals are
relocated in accordance with the approved plan.
(7) Prior to clearing any scrub areas, the developer shall
provide sufficient notice to officials at Jonathan Dickinson State
Park so that they may make arrangements to obtain any plants which
would otherwise be destroyed.
(8) In the event that it is determined that any
representative of a plant or animal species of regional concern is
resident on or otherwise is significantly dependent upon the
Boynton Beach Park of Commerce property, the developer shall cease
all activities which might negatively affect that individual or
population and immediately notify both the Florida Game and
Freshwater Fish Commission and the U.S. Fish and wildlife Service.
Proper protection to the satisfaction of both agencies shall be
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provided by the developer.
(9) The developer shall establish a vegetated littoral zone
of hardwood swamp/freshwater marsh habitat comprising a total of no
less than 11 acres as part of the surface water management system.
No less than 5.5 acres of the l1-acre littoral zone requirement
shall be maintained and comprised of.species that are
representative of hardwood swamp habitat found on-site including
but not limited to swamp bay, dahoon holly, and pond apple in
association with a typical herbaceous layer of ferns and other
native indigenous hydrophytic vegetation. The littoral zone
habitat shall be fully vegetated with native plant species and
occur from lake control elevation to a depth of three feet below
control elevation. In addition, the developer shall preserve
on-site six acres of seasonally flooded wetland habitat designed to
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be of value to fish and wildlife species and consisting of native
vegetation typical of such habitats
Prior to commencement of construction for any phase of
the project, the developer shall prepare a design and management
plan for all wetlands or littoral zones that will be a part of that
phase. The plans shall
(a) include a topographic map of the wetland or littoral
zone, or include typical cross sections;
(b) specify how vegetation is to be established,
including the extent, type, method and timing of any planting to be
provided; and
(c) provide a description of any management procedures
to be followed in order to assure the continued viability, health
and function of the littoral zone or wetland.
The plan for each phase shall be subject to approval by
the City of Boynton Beach in consultation with the Treasure Coast
Regional Planning Council. The plan shall be implemented and work
inspected no later than eighteen (18) months after each lake is
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excavated.
(10) In accordance with the following provisions, the
developer shall provide and maintain a buffer zone of native upland
edge vegetation around wetland and deepwater habitats which are
preserved or constructed on-site. The buffer zone may consist of
preserved or planted vegetation but shall include canopy,
understory and ground cover of native species only. The edge
habitat shall begin at the upland limit of any wetland or deepwater
habitat and shall include a total area of at least ten (10) square
feet per linear foot of wetland or deepwater habitat perimeter.
This upland edge habitat shall be located such that no less than
fifty percent (50%) of the total shoreline is buffered by a minimum
width of ten (10) feet of upland habitat.
(11) During construction, all Melalueca, Brazailian Pepper and
Austrailian Pine which occur on-site shall be removed
Removal
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shall be in such a manner that avoids seed dispersal by any of
these species
There shall be no planting of pest exotic
vegetation on-site.
(12) The surface water management system shall be designed and
constructed to retain, as a minimum, the first one-inch of runoff
or runoff from a one-hour, three-year storm event, whichever is
greater, from all building sites, parking areas and internal
roadways. Where depressed truck wells are constructed in a manner
which would preclude retention of the first inch of runoff from the
well's imperviou~ surface, the retention requirement shall be
waived and the truck well drainage system shall be designed and
maintained to include oil and grease receptors and open bottom
sedimentation sumps as pollution retardant structures. Parking
areas and roadways to the truck wells shall be designed to divert
runoff to storage and exfiltration systems on-site prior to
discharge into the surface water management system. Condition 16
shall apply where hazardous materials will be used.
(13) No unfiltered runoff from parking areas and roadways
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shall be discharged directly into any wetlands.
(14) The surface water management system shall be designed and
constructed to maintain existing normal seasonal water table levels
and hydroperiods.
(15) As part of the annual report required under Section
380.06(16), Florida Statutes, the developer shall provide a list of
all industrial tenants, including a description of their activities
and the four digit standard Industrial Classification Code appli-
cable to the operation. A copy of this list shall be provided to
the Department of Environmental Regulation, the South Florida Water
Management District, the City of Boynton Beach, and the agency
delegated the authority for maintaining, updating, and verifying
the master files for hazardous waste generators in Palm Beach
County.
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(16) Prior to occupancy, each specific tenant or owner that
uses, handles, stores or displays hazardous materials or generates
hazardous waste shall meet the requirements of this Condition 16.
For purposes of this Ordinance, "hazardous materials" and
"hazardous waste" shall mean those certain 127 priority pollutants,
volatile organics, and trace metals referenced in the Clean Water
Act administered by the Environmental Protection Agency (as may be
amended from time to time). The tenant or owner shall construct an
appropriate spill containment system which shall be designed to
hold spilled hazardous materials for cleanup 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 acceptable to
the Department of Environmental Regulation and the South Florida
Water Management District and shall serve all structures or areas
where hazardous materials are used, handled, stored or displayed,
or where hazardous wastes are generated. The developer shall
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impose these requirements and the obligation to remediate any
contamination on each industrial tenant or owner in an appropriate
covenant and restriction which shall be approved by the Department
of Environmental Regulation and the South Florida Water Management
District and made available to the City of Boynton Beach. The City
reserves the right to inspect all buildings within the project,
during normal working hours.
(17) The developer shall develop a hazardous materials
contamination response plan for the development within one year of
the effective date of the Development Order
The plan shall be
reviewed and approved by the City of Boynton Beach in consultation
with the South Florida Water Management District, the Palm Beach
County Emergency Preparedness Division, the Department of Environ-
mental Regulation, and the Treasure Coast Regional Planning
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Council. The plan shall identify appropriate measures for
contamination response, including, but not limited to
(a) provision of equipment and trained personnel on-site
or a contract with a contamination response firm meeting Florida
Department of Environmental Regulation requirements, if found
necessary by the above referenced agencies to protect the ground-
water from possible contamination;
(b) specification of fOllow-up water quality monitoring
programs to be implemented in the event of contamination;
(c) specification of design and operational measures to
contain and direct contaminated surface runoff away from ponds,
canals, drainage structures and other connections to the surficial
aquifer;
(d) specifications for the development and implementa-
tion of a coordinated monitoring program which incorporates the
individual site monitoring programs required under Condition 16
above in such a manner as to achieve an efficient and effective
overall project early warning monitoring program; and
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(e) requirements for financial responsibility which will
assure cleanup costs will be provided.
(18) All requirements for nonpotable water shall be met only
by withdrawls from the surface water management system and adjacent
canals.
(19) A minimum of thirty percent (30%) of the landscaped areas
required by Section 7(H)(13), Planned Industrial Development
regulations, Appendix A, zoning Code of Boynton Beach, less
waterways, as a part of specific site development shall be
preserved or replanted in a manner to enhance or recreate native
vegetation.
In addition, the following shall apply
(a) the location of the areas of native vegetation shall
be such that the watering and fertilization of non-native areas not
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inhibit the management of the native vegetation areas in a healthy
state;
(b) a minimum of fifty percent (50%) of all trees and
shrubs used in landscaping shall be native species adapted to the
soil condi tions on site; and
(c) any scrub habitat set aside under condition 6 above
which is located on a specific site to be developed will be found
to meet this condition and to receive credit against condition 6.
(20) Generation and disposal of hazardous effluents into the
sanitary sewer system shall be prohibited unless adequate
pretreatment facilities, approved by the Florida Department of
Environmental Regulation and the agency responsible for sewerage
works, are constructed and used by project tenants or owners
generating such effluents.
(21) To the extent feasible, the developer should incorporate
energy conservation measures identified in the Treasure Coast
Regional Planning Council's Regional Energy Plan.
(22) Prior_to final site plan approval, the developer shall
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implement the energy conservation measures endorsed and/or recom-
mended by the Development's architectural review committee. The
energy conservation measures shall incorporate, at a minimum, those
energy conservation measures identified on pages 25-4 through 25-7
of the Application for Development Approval. The guidelines, and
any subsequent revisions, shall be transmitted to the City of
Boynton Beach for review, and to the Treasure Coast Regional
Planning Council.
(23) The developer shall construct an additional two lanes on
Northwest 22nd Avenue from Congress Avenue to Seacrest Boulevard
including all intersection improvements at Northwest 22nd Avenue
and Seacrest Boulevard within five (5) years from the date of
recording of the first plat
This construction may be phased with
portions of the construction required through the limits of each
plat
The construction shall include all intersections and the
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bridge over the E-4 Canal, but not the widening of the existing
bridge over 1-95.
(24) The developer shall have construction plans and a
right-of-way map prepared for construction by Palm Beach County of
double left-turn lanes on the east and west approaches to the
intersection of Congress Avenue and Boynton Beach Boulevard.
Surveys and design work shall be commenced within thirty (30) days
after issuance of the Development Order by the City of Boynton
Beach. Completed plans and the right-of-way map shall be delivered
to the County within four (4) months after the date of the
Development Order. The developer shall contribute $141,000 00 to
the County within thirty (30) days after construction contracts are
awarded and construction has started.
(25) The developer shall have a 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
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to $200,000.00 of the cost of these engineering/environmental
studies. The Feasibility/Justification Study shall commence within
thirty (30) days of the issuance of the Development Order and be
completed within two hundred (200) calendar days thereafter. The
EIS shall commence upon favorable review by the Department of
Transportation of the Feasibility/Justification Study and be
completed three hundred sixty-five (365) calendar days thereafter.
(26) When external trips generated by the project exceed
15,000 trips per day, the developer shall construct, or contribute
to Palm Beach County the cost of constructing, two additional lands
on Congress Avenue, bringing it to a six-lane capacity, from
Boynton Beach Boulevard to Miner Road. If this improvement is
constructed by others at no cost to the developer and if neither
the State nor Federal government has indicated disapproval of the
1-95 interchange at Northwest 22nd Avenue, the developer shall
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contribute $900,000.00 toward construction of the interchange in
lieu of said Congress Avenue improvements; provided, however, that
if the contribution is not required for the interchange due to the
fact that the State or Federal Government has indicated
disapproval, the developer shall provide $900,000.00 to the County
to be used for improvements at the intersection of Boynton Beach
Boulevard and Congress Avenue and at the intersection of
Northwest 22nd Avenue and Congress Avenue to provide additional
capacity required if the interchange at 1-95 and Northwest 22nd
Avenue is not constructed. The contribution under this condition
shall not exceed $900,000.00 except as that amount is adjusted for
changes in the cost of living by a construction cost index using
1985 as the base year.
(27) The developer shall contribute $900,000.00, in excess of
any contribution made pursuant to Condition 26 above, for right-
of-way acquisition and construction of an interchange at 1-95 and
Northwest 22nd Avenue at such time that the funding is needed to
commence with construction of the interchange. The developer shall
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also dedicate to the appropriate governmental agencies any inci-
dental right-of-way, not to exceed three acres, which is needed for
the interchange and is located within the project boundaries. If
the interchange is disapproved by the responsible State and Federal
agencies, the developer shall contribute $900,000.00 to Palm Beach
County for improvements at the intersection of Congress Avenue and
Boynton Beach Boulevard and the intersection of Congress Avenue and
Northwest 22nd Avenue when the project generates in excess of
15,000 external trips daily. This contribution shall not be
required in the event that the $900,000.00 contribution required
under Condition 26 above is allocated to improvements at these
intersections. The contribution under this condition shall not
exceed $900,000.00 except as that amount is adjusted for changes in
the cost of living by a construction cost index using 1985 as the
base year.
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(28) The developer shall monitor project traffic generation
annually beginning after development of one hundred thirty-two
(132) acres (not including R-O-W, retention areas or preserve
areas), and shall provide that information to the City of Boynton
Beach, Palm Beach County and the Treasure Coast Regional Planning
Council. The methodology and scope of the monitoring effort shall
be approved by the City in consultation with the County and the
Treasure Coast Regional Planning Council. The results shall be
used to monitor compliance with Conditions 26 and 27 above.
(29) The developer shall provide signalization and turn lanes
at the intersection of Congress Avenue and the project access road
and at all project entrances on Northwest 22nd Avenue as necessary
to maintain service level C.
(30) Within ninety (90) days of the approval of the
Development Order, dedicate to Palm Beach County the right-of-way
for Miner Road through the limits of the Park. Miner Road appears
as a 108 foot arterial on the County's Thoroughfare Plan.
(31) Within ninety (90) days of the approval of the
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Development Order, dedicate to Palm Beach County the additional
right-of-way for N.W. 22nd Avenue through the limits of the Park.
N.W. 22nd Avenue appears as a 108 foot arterial on the County's
Thoroughfare Plan.
(32) In connection with the requirement to set aside forty
(40) acres of scrub habitat, within one hundred eighty (180) days
of the approval of the Development Order provide for the City of
Boynton Beach the legal description of the areas to be preserved.
(33) In connection with recommendation 6c which appears in the
Regional Planning Council's report and recommendation, the
developer shall provide for the City's approval, documents which
will specify the nature of and responsibility for the continued
maintenance and preservation of the forty (40) acre scrub habitat
set aside.
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(34) The City of Boynton Beach and Riteco Development
Corporation agree to the following items concerning a civic and
non-recreational Impact Fee to be paid to the City:
(a) The City will enter into a contract (hereinafter the
"Contract") with Dr. James Nicholas whereby Dr. Nicholas will
prepare a study (hereinafter the "Study") with respect to civic and
non-recreational impact fees.
(b) Both Riteco and the City agree to be bound by the
Study.
(c) Riteco will fund up to $20,000.00 with respect to
payments made to Dr. Nicholas under the Contract, said monies to be
paid to the City upon execution of the Contract and approval of the
Development Order.
(d) In the event that the development of the subject
Project commences within 3 years after the issuance of the
Development Order, Riteco will be given a credit for the amount
funded by Riteco pursuant to this condition 34. Otherwise the
amount funded will not be refunded to Riteco.
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(e) Riteco will be entitled to review and comment on the
Study as it progresses, and will be timely provided copies of all
correspondence and other documents regarding the Study.
(f) The parties agree in concept that any impact fees be
due and payable at the time of issuance of certiLicate of occupancy and
shall make such recommendation to Dr. Nicholas.
(35) In addition to the water mains proposed to be constructed
in Phase I as a part of project development east of the L.W D.O.
E-4 Canal, the developers of the Park will be required to extend
the sixteen (16) inch water main proposed to be installed in N.W.
22nd Avenue eastward to High Ridge Road and then northward on High
Ridge Road to tie into an existing sixteen (16) inch water main
within five (5) years of the date of the approval of the
Development Order. Also, in order to clarify utility construction
in Phase I, the following shall apply
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(a) Any Park development east of the L W.D D. E-4 Canal
will require the construction of all Phase I utilities as shown on
the master plans for utility construction; and,
(b) Any Park development west of L W.D.D. E-4 Canal will
require the construction of all utilities shown over that portion
of Phase I plus an additional tie into the existing sixteen (16)
inch water main on the west side of Congress Avenue at the
project's northern entrance.
(36) The developers shall comply with the memorandum from
Perry Cessna to Carmen Annunziato under date of October 23, 1984,
which Memorandum is attached hereto as Exhibit "B" and made a part
hereof.
(37) All water mains proposed are to be accessible from either
a paved street, driveway, or parking area.
(38) The Park's developers shall dedicate to the City of
Boynton Beach, a twelve (12) foot wide utility easement parallel
and adjacent to the Boynton Canal between the proposed water main
canal accessing and High Ridge Road.
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(39) The Park's developers or assigns shall provide on-site
security during all phases of construction in the construction
areas.
(40) As it is the stated intention of the Park's developers to
supplement municipal police protection with a private, centrally-
located and housed, on-site security force, the following shall be
required
a. All security alarms to be installed within the Park
are to be connected to the on-site security facility.
b. It is required that the Park's developers submit to
the municipal Police Department the research employed as a basis
for vendor selection.
(41) N.W. 22nd Avenue shall be constructed with a landscaped
median, and the developer shall submit to the City of Boynton
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Beach, the landscaping and irrigation plans for review and
approval.
(42) Any of the Park's internal rights-of-way which are public
will be landscaped. The landscaping and irrigation plans shall
be submitted to the City for the City's review and a9proval, and
subsequent maintenance shall be the obligation of the City.
(43) The City and the Park's developer shall make respective
good faith efforts to comply with that certain letter from wade
Riley to Peter Cheney, under date of October 22, 1984, which letter
is a~tached hereto as Exhibit "C" and made a part hereof.
(44) On or before the 15th day of February of each year,
Riteco Development Corporation, or its successors or assigns, shall
submit an annual report for the preceding year to the City of
Boynton Beach, the Treasure Coast Regional Planning Council, the
State Land Planning Agency, and all effected permit agencies, or
their respective successors. The annual report shall include
(a) a complete list of tenants (and where applicable,
their_Fespectiv~~our Digit Standard Industr1al Classification
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Codes) located in the development during the preceding year,
together with a description of the activities and operations of
each tenant and a map indicating their respective locations within
the development;
(b) Changes in the plan of development or phasing for
the reporting year and for the next year;
(c) A summary comparison of development activity
proposed and actually conducted for the year;
(d) Undeveloped tracts of land that have been sold to a
separate entity or developer.
(e) Identification and intended use of lands purchased,
leased or optioned by the developer adjacent to the original DRI
site since the development order was issued;
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(f) An assessment of the development's and local
government's compliance with conditions of approval contained in
the DR! development order;
(g) Any known incremental DRI applications for develop-
ment approval or requests for a substantial deviation determination
that were filed in the reporting year and to be filed during the
next year;
(h) A statement that all persons have been sent copies
of the annual report in conformance with Subsections 380.06(14) and
(16), Florida Statutes; and
(i) A copy of any notice of the adoption of a develop-
ment order or the subsequent modification of an adopted development
order that was recorded by the developer pursuant to Paragraph
380.06(14)(d), Florida Statutes.
(45) The property shall be developed in a manner that support
conservation and efficient management of energy resources pursuant
to the Energy Element of the Comprehensive Plan of the City of
Boynton Beach.
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(46) The City Manager of the City of Boynton Beach is hereby
designated as the local official responsible for assuring
compliance with this Development Order.
Section 5
A copy of this Ordinance (Development Order)
shall be transmitted to the Division of Local Resource Management,
the State Land Planning Agency, Riteco Development Corporation (the
owner/petitioner), and the Treasure Coast Regional Planning
Council.
Section 6
This Ordinance shall become effective
immediately upon passage.
FIRST READING this ~ day of December, 1984.
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SECOND READING and FINAL PASSAGE this If day of December,
1984.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
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CITY CLf K
113084dt
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EXHIBIT "A"
OVERALL BOUNDARY
LEGAL DESCRIPTION
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A Tract of land lying partially in Sections 16, 17, 20 and 21, Township
45 South, Range 43 East, Palm Beach County, Florida, said Tract being
more particularly described as follows Commencing at the southwest
corner of said Section 17; thence North 1014'39" East, along the West
line of Section 17, a distance of 1318.10 feet to a point in the
intersection with the centerline of N.W. 22nd Avenue, as recorded in
O.R. Book 1738, Page 1686, of the Public Records of Palm Beach County,
Florida; thence with a bearing of North 89004'32" East, along the
centerline of N.W. 22nd Avenue, a distance of 778.37 feet to the Point
of Beginning; thence North 1044'39" East, a distance of 1247 06 feet to
the South right of way line of L.W.D.D. Lateral 21; thence North
89008~49" East, along the South right of way line of L.W.D.D.
Lateral 21, as recorded in O.R. Book 1732, Page 612, of the Public
Records of Palm Beach County, Florida, a distance of 635 93 feet to the
centerline of the L.W D.D. Equalizing Canal E-4 Canal, as recorded in
O.R. Book 1732, Page 612 of Public Records of Palm Beach County,
Florida; thence along the centerline of the above described E-4 Canal
with a curve to the right having a chord bearing of North 10032'52"
East, a radius of 750.00 feet, a central angle of 4004'17", and an arc
length of 53.29 feet; thence continue along the centerline of the E-4
Canal, with a bearing of North 12035'00" East, a distance of 320.69 feet
to a point of curve; thence with a curve, to the left having a radius of
6500.00, a central angle of 3028'30", and an arc length of 394.23 feet;
thence North 9006'30" East, a distance of 1979.16 feet to a point on the
North Line of Section 17; thence with a bearing of North 89016'39" East,
along the North line of Section 17, a distance of 1964.50 feet; thence
South 0002'11" East, a distance of 2625.18 feet; thence North 89008'49"
East, a distance of 368.96 feet to a point on the North right of way
line of4N.W. 22nd-Avenue$as recorded in O.R. Book 1738, Page 1686 of the
Public Records of Palm Beach County, Florida; thence South 19027'31"
East, a distance of 50.00 feet to the centerline of N.W. 22nd Avenue;
thence with a curve to the right having a chord bearing of North
75029'49" East, a radius of 1637.02 feet, a central angle of 9053'58",
and an arc length of 282.85 feet to a point; thence North 12002'41"
East, a distance of 915.72 feet; thence North 0031 '11" East, a distance
of 399.70 feet; thence North 89012'37" East, a distance of 413.21 feet;
thence South 88022'56" East, a distance of 1349.70 feet to a point on
the West right of way line of the Seaboard Coastline Railroad; thence
South 0028'21" East, along the West right of way line of the Railroad, a
distance of 1309.09 feet to a point on the centerline of N.W. 22nd
Avenue; thence North 88027'31" West, along the centerline of N.W. 22nd
Avenue a distance of 672.97 feet; thence South 0033'53" East, a distance
of 1306.69 feet; thence South 88045'31" East, a distance of 333.51 feet
to a point on the West right of way of the Seaboard Coastline Railroad;
thence with a bearing of South 14008'23" West, along the West right of
way of the railroad, a distance of 1312.49 feet; thence South 0033'53"
East, a distance of 26.69 feet; thence South 13015'22" West, a distance
of 920.57 feet; thence North 88050'04" West, a distance of 187.60 feet;
thence with a bearing of North 0049'21" west, a distance of 200.00 feet;
thence North 88050'04" West, a distance of 218 00 feet; thence South
0049'21" East, a distance of 200 00 feet; thence North 88050'04" West, a
distance of 40.00 feet; thence South 0049'21" East, a distance of 556.84
feet; thence North 88050'04" West, a distance of 3617.26 feet to a point
on the centerline of the above described centerline of the E-4 Canal;
thence with a bearing of North 5018'14" West, a distance of 153.13 feet,
thence with a curve to the right having a radius of 450.00 feet, a
central angle of 15036'44", and an arc length of 122.62 feet; thence
North 10018'30" East, a distance of 988 60 feet to a point of curve;
thence with a curve to the left having a radius of 450.00 feet, a
central angle of 18020'00", and an arc length of 143.99 feet; thence
with a bearing of North 8001'30" West, a distance of 1255.14 feet to a
point on the centerline of N.W. 22nd Avenue; thence with a bearing of
South 89004'32" West, along the centerline of N.W. 22nd Avenue a
distance of 817.85 feet more or less to the Point of Beginning.
Containing 591.55 acres more or less and subject to easements and rights
of way of record.
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MEMORANDUH
October 23, 1984
TO: .Hr. 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 11ft station #3 on their master plan can be
deepened and/or relocated in such a manner as to eliminate
lift station #2 for the nortu east section of the develop-
ment.
Based upon a review by the city staff and city's engineers,
the design will be finalized pr10r to approval or the plans
for lift station #3 and its gravity collection system.
q: ~]ss~~ t!vVl1~
Director of utilities
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S~ite 2EJl
~ 300 West Lantana Road
Lantana, Florida 33462
Phone, (305) 533-0902
RITECO
DEVELOPMENT
CORPORATION
October 22, 1984
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33435
Attn: Mr. Peter Cheney, City Manager
Dear Mr. Cheney:
Riteco 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,
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LJri.. .:L It. Ji....
Wade Rilev;r
Vice Pres iMnt
t\'R/ gd
cc: Mr Carmen Annunziato
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