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HAZARDOUS MATERIALS CONTAINMENT (4.0) .' J , i GUIDELINES FOR THE PREPARATION OF TENANT HAZARDOUS MATERIALS CONTAMINATION RESPONSE PLANS QUANTUM PARK OF COMMERCE Prepared by LAW ENVIRONMENTAL SERVICES Marietta, Georgia Prepared for DEUTSCH-IRELAND PROPERTIES Ft. Lauderdale, Florida .~_1 j.,4, 'i~ ~ fJ~ ~-~.. .. .1~/ ;....r. ';0 Version 4.0 April 2, 1987 ~~ ~~ <:'-- ~.~.:t i:.! ~. .) ~ ~;J.' ..... ?# ~~. '~l .~ l!i:. f' ~ .p~ f ~ '\' i) . . l .~ 1""', ,) > GUIDELINES FOR THE PREPARATION OF TENANT HAZARDOUS MATERIALS CONTAMINATION RESPONSE PLANS QUANTUM PARK OF COMMERCE Each owner shall comply with all Federal, State and Local statues, ordinances, rules and regulations. The guidelines for the preparation of tenant hazardous materials contamination response plans are additional regulations to be complied with. 1. INTRODUCTION The Quantum Park of Commerce is a 539 9 acre development between Ft. Lauderdale and West Palm Beach, Florida. The park is situated north and south of 22nd Avenue in Boynton Beach, Florida adjacent to Interstate 95 (see Figure 1). The park is bounded on the east by I-95 and the Seaboard Coastline Railroad, on the south by Canal C-16, on the west by Canal E-4 and on the north by undeveloped property. It is anticipated that the primary uses of the development will be 30 4 acres commercial, 133.1 acres office, 197 6 acres light industrial, and the remainder to ._~ include a Sand Pine Preserve, City Park, and road rights-of-way. For the purpose of this document, administrator of the ,~ "Guidelines for the Preparation of the Tenant Hazardous Materials Contamination Response Plan" shall be the Quantum Park Property Owner's Association, Inc., a corporation not for profit. An owner shall be defined as the record owner or owners of the fee simple title of a platted lot within Quantum Park. A leasee shall be defined as any person or persons who lease a portion of a platted lot or any improvement thereon Prior to occupancy, each owner or leasee that uses, handles, :0 1 ..-:;0.. .,. .$li~:_~-,,~.. ..) ~ . M: M .-~1- E~~~~ ~ .~:' .J' ic.... } 4.,. ~., ;~r ~. ~ stores, displays or generates hazardous waste as defined in 40 CFR Part 261 (7-1-85), or hazardous materials or regulated chemicals, shall meet the requirements of condition 16 of >-.t .~-4:;' < .- i- "~ t~, Ordinance No. 84-51 of the "Ordinance of the City of ijoynton Beach, Florida, approving a comprehensive development of regional impact (DR!) for a proposed industrial office park comprising of approximately 539 acres located in the city of Boynton Beach, Florida pursuant to chapter 380, Florida statues 1984, subject to special conditions! designating the city manager of Boynton Beach 'i as the local off~cial responsible for assuring compliahce with the development order", (Appendix A). The regulated substances described in 40 CFR Part 261 shall also include all waste materials which exceed the limits for ., ignitability, corrosivity, reactivity or EP toxicity as outlined in 40 CFR Part 261 20, 21, 22, 23 and 24. In addition, the following materials and uses shall be prohibited: 1. Dioxin and Dioxin containing materials 2. Materials or substances containing PCBls 3. Semi conductor manufacturing facilities 4. Wafer/chip manufacturing facilities 5. Underground Storage Tanks for hazardous waste or hazardous materials (Except those facilities which receive, store or use petroleum products or those products exempted in 17-61.04 of the Florida Administrative Code) 6 Surface Impoundments 7 Landfilling or Burial of Waste Materials. "h ., 2 " ~..~ i'- -k l' , "r-- _t'- ~~~ i- -.. -....~~ .' This document provides guidance for the preparation of Tenant Hazardous Materials Response Plans as required by city Ordinance No. 84-51. The application for a hazardous waste facility permit must be completed by all persons who own or operate, or who intend to construct or close a hazardous treat- ment, storage or disposal facility as identified in Section 17- 30, Florida administrative code (FAC), unless exempted in accor- dance with Section 17-30.27, FAC No regulated material shall be used, stored, handled or manufactured for any purpose within 60 days of the date that the Tenant Hazardous Materials Response Plan and the necessary permits have been filed with and approved by the appropriate regulatory agencies. This document does not relieve the owners and leasees of the normal reporting, manifesting and regulatory procedures required by Federal, state or local agencies in the handling, storage, inventory and reporting procedures for hazardous wastes. Application for a hazardous waste facili ty permit, .per form 17- 1.207(3), must be completed in accordance with the requirements f. . ~ of section 17-30 of the FAC. The owner or leasee shall also ,'; i; ..f~; ~-i~- ~:: ~':k ~i,. ~~~ " ~"J<~ '~f; prepare a Safety Plan and a Contingency Plan as outlined in 40 CFR Parts 264.51 and 264.56. These plans should identify local hospitals, poison centers, and other emergency facilities. This document provides an overview to assist owners and leasees in identifying potential problem areas that might be encountered in ear~y planning stages and provides the methodology for reporting of nazardous material leaks or spills, assessment programs and demonstration of financial responsibility. This document does not attempt to address all the details outlined in 3 l' ..- .---~ ::.). " '"~"- ..' :~ .1 ]'." j :1: ..~, \; ~'1:;ti t.: 1-;~ __ i':.;j~ .~~ ., cf ~: '!~ ;~ ~~~'" :it ~ J ~ .f_ 10( J i r the Federal Register for hazardous waste stor~ge, treatment and qi~pq~~~ facilities. ! ;',..;.., Wtl:i.~ dQqumeGt briefly .. t ~ ; . t ~equireQ by Ordinance 84-~~. reviews the (Q~~owing items as i i .~ ,.. Guidelines for the storage of chemicals and hazardous materialS. Guidelines for stationary tanks. Guidelines and requirements for reporting of accidental releases of hazardous materials. Emergency response team co-ordination with the local hazardous material control unit. Specifications, guidelines and requirements for emer- gency ground-water monitoring in the event of an acci- dental release of hazardous waste. !) Guidelines for the design of surface water management and spill containment structures and facilities. Guidelines for the demonstration of financial responsi- bility. 2. GUIDELINES FOR THE STORAGE OF CHEMICALS AND HAZARDOUS MATERIALS The guidelines for the storage of chemicals or hazardous materials identified in this section are in addition to the requirements specified in the Florida Administrative Code, the Code of Federal Regulations, and appropriate National Fire Associations Standards It is the responsibility of the Owner or Leasee to design and construct chemical storage facilities which meet or exceed the requirements specified by applicable agencies or groups. No regulated chemicals or hazardous substances shall ~ "{ ~" !- .. !4~ t 4 ~-! f-- '-~ ;:;.-" !~1P :"': r .~ ,{,.;, .! .J ; 1',L,:... "'.' " 'f :: .~ ~ =-. .:' "r... .,..j.r -=9--..J 1":- .i:;..ir~~...' 1.,;~~ ......~ .' ~ -!=o,'}- .... ~ -"1 _c .,,-it;': ~':"'~~. be stored, used or manufactured at the Tenant's facility within 60 days of the date that authorization has been granted by the appropriate regulatory agencies. The chemical or hazardous material areas shall be isolated from pedestrian or vehicular traffic. Signs shall be posted to identify all chemicals or hazardous materials stored at the facility. In addition, "Danger-Keep Out" and "Unauthorized Persons - Keep Out" signs shall be conspicuously posted. The chemical or hazardous material storage areas shall be .f~ _-i. x~. space contained within the berms or curbs shall be equal to 150% totally contained using berms or curbs. The volume of the head "~ :~~l .~~.}' I ;.~ -:r':.!"... 'fl ..t~ ~ of the maximum storage capacity of the tanks and drums plus 6 inches of free board. The floor system shall be sloped to drain to a dedicated sump for each storage area The floor and sump shall be lined with low conductivity materials such as High Density Polyethylene sheet, in a similar manner to that shown in Figure 2. The storage area shall be covered and the storage area and sump isolated from runoff. Potentially reactive chemicals shall be stored in separate storage areas. Chemical storage practices shall follow the prin- ciples of segregation, isolation and protection specified by the National Fire Protection Association. In no case shall strong oxidizing chemicals be stored with potentially combustible mat- erials or flammable liquids. In storage areas containing more than one type of chemical, each chemical or waste material shall be identified on a clearly visible area of the storage tank The area shall be marked to identify the most severe health, flam- 5 ... ---.........,,~..._. . -~ \!-~ mability or reactivity hazard present The storage tanks or containment facilities shall be specifically designed and certified for the chemicals or hazardous materials which they r contain ~: ,j. Any hazardous material or chemical spilled or used to clear the chemical containment system shall be collected and drummed from the sump and recycled or disposed at a licensed hazardous waste facility. The design of the containment system is the responsibility of the owner. The schematic shown in Figure 2 represents one possible alternative. The Surface Water Management Permit may require individual owners to install ground water monitoring wells concurrent with development of individual parcels. 3. GUIDELINES FOR STATIONARY TANKS J Owners or Leasees who plan to install underground storage t " tanks to receive, store or use petroleum products shall comply with Chapters 17-61 of the Florida Administrative Code and any additional State of Florida Regulations. The tanks shall be designed to prevent releases due to corrosion or structural failure for the operation life of the tank. The tanks shall be -.'~ cathodically protected against corrosion or constructed of non- corrosive material or shall be designed to prevent the release of stored substances. The tank material or lining shall be compatible with the substance being stored. At least 10 days prior to tank installation the owner shall register the tank with the Florida Department of Environmental regulation using the Federal/State Storage Notification Form (17- 6 ~ i .. -;..t~",-';'-1;~' 1.21B(5)) and any other forms required under Federal or state Regulations. This form provides details regarding the size, location, depth and construction of underground storage tanks. -~~ All underground tanks shall be designed and constructed to prevent discharge of the tank contents to the land, ground water or surface water. Acceptable tank constructions include cathodically protected steel, glass fiber-reinforced plastic, steel clad with fiber-reinforced plastic or an equivalent material approved by the Florida DER. The tanks shall be equipped with a strike plate beneath the fill pipe and gage opening. A leak detection and spill monitoring system shall be installed at the time of tank installation. This monitoring system will consist of one of the following: 1) A continuous leak detection system between the walls of a double-walled tank; or J 2) A single monitoring well inside a double lined containment barrier; or 3) A continually operating leak detection system inside a double lined containment barrier; or 4) A network of 4 monitoring wells placed on the excavation around the tank as described in 17-61.05 of the Florida Administrative Code, or, 5) An alternate detection system approved in advance by the Florida DER ~\. .~ 7 I -~. .... '{..:6 ...:., .lJ&Ji;l. ~: ~l*;~~ t~:; ~~~$r ... ~1;f :~~ .~...:.~ t,.", f~~~ ,~i " v,.:.: "';": .:~\;~ 4 GUIDELINES AND REQUIREMENTS FOR REPORTING OF ACCIDENTAL RELEASES OF HAZARDOUS MATERIALS After each Owner or Leasee has met the requirements of the state and Federal regulations and the city ordinance 84-51 regar4ing storage and handling of hazardous waste, the owner shall contact the fire department and police department ~o make arrangements for a preplan emergency response meeting (the phone number of the Boynton Beach fire department is 734-8111 Ext. .. .~ 451). ... -' Prior to the preplan meeting, the owner shall have completed ,~.~ on site as required by OSHA. Copies of the material data safety material data safety sheets on all chemicals which may be stored ~ t.;.. ~ sheets shall be provided to the fire department. Additional copies shall remain in the plant for the employees to read. ,~ Tpe Owner of Leasee shall contact the fire department and police department and arrange for a site visit to: 1. Review the material safety data sheets 2. Quantify total chemicals and storage area facilities 3. Assess sprinkler systems and fire fighting equipment 4. Evaluate site logistics and general operating procedures, 5. Meet with the assigned emergency coordinators 6. Designate the Plant Emergency Coordinator(s), and 7 Discuss emergency evacuation procedures The purpose of this meeting is to provide the Fire Department available information necessary to respond promptly in an emergency. 8 ". ~~~ ~~ -j .. __,f ,~jj" '/~~- -t~ ., , L""I:i: ~~..- ~-t ~? ~~ ~ .,,- 5. EMERGENCY RESPONSE TEAM COORDINATION WITH THE LOCAL HAZARDOUS MATERIAL CONTROL UNITS In the event of a sudden release of hazardous materials the following procedures shall be followed. Call the Boynton Beach Fire Department and Police Department at 911 Give the Plantls name and location State whether the emergency is First Aid Fire Hazardous Waste Release Call the Plant Emergency Coordinator(s) to be on-site to assist the Fire Department. (If not at the plant site) Call the Palm Beach County Division of Emergency Management at (904)-488-1320 and report the accident using a Reporting Form for Emergency Events or equal. Call the Palm Beach County Health Department at (904) 820-3000 and report the incident. Call the National Response Center number at 1-800-424- 8802 and report the accident using a Reporting Form for Emergency Events. Assist in the removal of all non-essential personnel from the area Coordinate remedial activities with the Boynton Beach Fire Department Hazardous Waste Response Team. Contact the ground-water monitoring team to install wells (if necessary) and to assess the impact of the 9 " II~ ",.! '1:<- ,:~[" ,j 6 . .;- j<~ ~ {, ~~L .i. ,1-. ~" ~", ;,;.. .? '" release on local surface-water and ground-water quality. ~?, .~ G~IDELINES FOR EMERGENCY GROUND-WATER MONITORING IN THE EVENT OF AN ACC~DENTAL RELEASES OF HAZARDOUS MATERIALS. The Owner or Leasee shall comply with all federal, state and local .egulatory ~equirements governing ground-water monitoring follow~ng the sudden releas~ of hazardous materials. In the event of an accidental release of hazardous materials in the storage area, the hazardous materials collected in the chemical spill sump will be removed and recycled or disposed. Following removal of the hazardous material from the sump, the chemical spill sump and containment area shall be cleaned to remove hazardous materials to acceptable levels for safe oper- ation. The leak detection layer shall be monitored following the spill to assess if leakage penetrated the double liner system If constituents of the spill are present in the detection layer and a hydraulic head sufficient to cause flow through the liner are detected following the spill, monitoring wells shall be installed as discussed subsequently. No additional ground-water monitoring is required if there is no flow through the double liner system, unless required by the Surface Water Management Permit. In the event of an accidental release of hazardous materials to the surface water sump which drains the runway, parking areas and loading dock, the required level of remedial action will depend upon the design option If a double liner and leak detec- ~ .l..~. tion layer are installed under the runway then the spill area and '1 sump shall be pumped dry and cleaned to acceptable levels. The 10 :~ t It~..,. :"'t(-: ~ ~ A. ~h 'it >(; "{'- ( '.~ ,. U:4 J'; f'" ~~ -A- ...~_~, "",...!. -A ....~ Ii- 101&:.'-~.. "'..',.,:.,fl~~~ clean-up levels shall be approved by the appropriate federal, state and local regulatory agencies No ground-water monitoring will be required if a double liner system is used and the spill is contained within the area draining to the surface water sump unless more than deminimus leakage is detected in the leak detection layer, or unless required by the Surface Water Management permit. If a double liner system is not installed, then within seven .~~. ,",'" (7) days of the spill, a minimum of 4 ground-water monitoring ~ .d .\...: wells, screened from the water table to a depth at least 10 feet ~ 'r::", below the water table, shall be installed (see Figure 3) at or --i;. ;~ near the perimeter of the containment area. Figure 3 shows a j,.~ typical well construction detail. One monitoring well shall be '~ installed up-gradient of the spill and" three (3) wells down- '("100 :.-r:: - , gradient of the spill. The wells shall be monitored monthly for j> ~ , a period of 12 months for the specific hazardous constituents ~ which were spilled and which were used in the clean-up effort. If, after 12 months, the constituents are not detected in the ground-water samples obtained from the monitoring wells, sampling will be terminated. At that time, the monitoring wells may be closed by filling the riser pipe with a cement bentonite grout mixture to the top In the event that a spill occurs in an area which does not drain to a surface water sump, or if an overflow condition causes hazardous materials to overflow the containment area, immediate action may be required to intercept potentially contaminated surface water and prevent it from entering the surface water 11 4~'" ~j-~iiW- retention basins One surface water sample shall be obtained for every 200 lineal feet of contaminated ditch or runoff area. One additional monitoring well (total of 5) shall be installed immediately down gradient of the affected area. Clean-up of the affected area shall be to the levels prescribed and approved by the federal, state and local regulatory agencies. 7 GUIDELINES FOR THE DESIGN OF SURFACE WATER MANAGEMENT AND SPILL CONTAINMENT STRUCTURES AND FACILITIES. The Owner or Leasee shall comply with all rules and regulations from the federal, state and local agencies governing the design of surface water management and spill containment structures. All drawings and plans must be submitted and approved by the appropriate agencies prior to construction. Surface water discharge containment and hazardous chemical containment shall be addressed in the design of the facilities. The surface water runoff from the runway, parking areas, and loading dock at the plant site shall be contained, collected and .f{ -~ treated using an oil water separator system to remove any J" floating substances such as oil or gasoline. The collection ~ system may be gravity controlled or collected and pumped. In the event a pump system is used, the water or fluid level in the sump ~ shall be maintained at a pumped down level so that the sumps ..~ always have adequate capacity to completely contain and store liquids from spills and clean-up efforts. The rules and regulations for construction of surface water containment system and hazardous waste containment systems shall be researched and combined with the needs of each specific plant's requirements. The components of the containment system 12 . ~__~.. 4t-~-i,~~ shall resist chemical degradation due to exposure to the chemi- cals used at the ownerls facility. 1- Figures 4 and 5 are two general examples of a plantls typical layout showing surface containment control and hazardous waste control. These figures are examples only and are not represented as being appropriate for any particular parcel Figure 4 shows a surface water control system which collects the runoff from the runway, parking area and loading dock in a small collection sump which is then pumped into a central collection sump and transfer system. Because of plant layout there may be more than one collection sump feeding a central collection sump. Surface water runoff is then fed into an oil/water separator system The treated water is discharged to the surface water management system. Any material collected is drummed and sent either to a hazardous landfill or recycled in the plant Figure 5 shows a simpler arrangement using an oil water separator for both the collection and treatment of surface water runoff. The surface water runoff is directed by gravity flow into the below grade oil/water separator The treated water is discharged by gravity into the surface water management system. The oil is skimmed from the top and collected in drums for disposal. The system suggested in Figure 5 has a lower capital equip- ment cost but may require additional planning and site grading. Figure 6 shows a surface water control area with a secondary containment system and a collection sump which pumps to the central collection sump The transfer pump is controlled by a 13 j. '- \ :r-i" .1...-: ~;'...::~ ..tor". ;:;.~: 40: :~ ~":i~ ;:,lc -i"' ;. ." 1. ;-~:.~. 'tJ;;; ~ level control probe immersed in the pit alongside the submersible pump. The level indicator activates a switch which turns on the pump. As the level of the liquid falls, the float switch con- tinues to fall with the liquid level until the lower set of ~ switches is activated shutting off the pump. Secondary contain- ment may not be required in the surface water controlled area but is offered as an alternative. Fi~ure 7 shows the surface runoff control area using the separator for both containment and treatment This system is gravity fed and discharged. The system may require the use of a ~~ pump if proper grades cannot be achieved. ~-.:L' ~. ~ ;;;,;. .;~... , .~ The primary device used to treat surface water runoff from the runway, parking areas and loading dock is the oil/water } separator. Figures 8 and 9 illustrates two different types of oil/water separators. Figure 8 shows a McTighe standard oil/ water separator with a mechanical oil removal system. Figure 9 shows a McTighe separator with Petro-pak and a mechanical oil removal system. There are many variations of these units depending on the specific treatment objectives, vol- ume flow rate, regulations and site logistics The oil/water separator should be designed for constant operation and low maintenance. As oily influent flows into the separator, oil and sludge are removed and clean effluent is discharged to the surface water management system. The oil/water separator is comprised of a stationary tank, full of water, having an inlet at one end directing the incoming oily influent over a specially designed heavy corrugated plate, set at a 33 degree angle Initially the flow is reversed and the 14 l' ...n- ...l,f )-..;. influent passes over the corrugated plate. The corrugations in- duces agitation causing the oils or lighter density substances to break away. As the oil rises, it is joined by the other droplets of oil and due to their buoyancy rise rapidly to the surface. The rate at which the soils and other floating industrial waste raise to the surface depends on the oil droplet size The larger the droplet, the faster the rate of rise and separation Sludge or heavy solids within the stream settle to the bottom of the separator, collecting at the center sludge baffle plate. The second phase of separation begins as the influent is directed between an inclined arrangement of corrugated parallel plates, stacked upw~rdly, sloping at a 45 degree angle, and spaced 4 inches apart to prevent fouling by debris or gummy solids It is here where buoyancy forces cause smaller oil droplets to rise and coalesce into sheets of oil on the underside of each of the corrugated plates, creep up to the surface, and finally break loose at the top in the form of large globules. Clean water flows in a downward path to the outlet where clarified water is permitted to escape from the lower regions as ~~ the separated oil is withdrawn from the surface. The oil is -'. collected and drummed for recycling or disposal. The sludge is ~ -,.. collected and disposed at a licensed solid waste disposal facility. It is the responsibility of the Owner or Leasee to design or provide documentation for approval of the surface water control and hazardous waste containment systems. The containment areas and oil/water separators shall only be 15 provided ~n the parking areas, truc~ runways, loading ramps and docks ~nd chemical storage areas, where regulated chemicals or h ,-c_. 8. GUIDELINES FOR THE DEMONSTRATION OF FINANCIAL RESPONSIBILITY Each Owner or Leasee that handles, stores, uses or generates hazardous wastes shall demonstrate financial responsibility as outlined in 40 CFR part 264 l40-l50. No regulated chemicals, hazardous materials or hazardous wastes shall be handled, stored, used or generated within 60 days of approval of the financial demonstration by the appropriate regulatory agencies It is the responsibility of each Owner or Leasee to prepare the financial demonstration and secure the approval of the appro- priate regulatory agencies. In addition to the requirements of 40 CFR, each Owner or Leasee that handles, stores, uses or generates regulated chemicals, hazardous materials or hazardous wastes shall contribute $20,000 to the Emergency Action (EA) response fund. The fund shall be administered by the Quantum Park Property Owners Association, Inc., or its designate. In the event of a release of a regulated substance to the environment requiring payment from the EA response fund, the Owner or Leasee responsible for the release will, in addition to any or all other costs for remedial action, reimburse the EA response fund for the exact dollar amount expended from the fund. In accordance with 40 CFR Section 264.l42 the Owner or Leasee shall prepare a cost estimate for closure and post closure care of the hazardous waste containment structure. The estimate ~~ must be prepared in current dollars for the point in time during ':1-70 ." .> I ~'- 16 " ,.( ~t ,'; of' ~ ~ *i~'J'Ioi:t. .~"':; ~ !.q ~y. '.a ~~.J.J~ ;4~ " >i' .~, !-.; ., ~~~ ....f the operation of the structure when closure or remediation would be most expensive, as stated in the closure plan (see 40 CFR Part 264 112(a)). The Owner or Leasee shall adjust the closure and post- closure cost estimates each year within 30 days of the anniversary of the approval of the financial demonstration. The adjustment in the cost estimates shall reflect inflation and changes in the operation of the facility which make closure or post closure more less costly The Owner or Leasee shall establish financial assurance for closure and post-closure care of the facility using one or more of the following options: 1. Trust Fund 2. Surety Bond Guaranteeing Payment into the Closure and Post-Closure Trust Funds. 3. Surety Bond Guaranteeing Performance of Closure and Post-Closure. 4. Closure and Post-Closure Letter of Credit. 5 Closure and Post-Closure Insurance. 6 Financial Test and Corporate Guarantee for Closure and Post-Closure. The closure and post-closure plans and cost estimates shall be prepared and certified by a registered professional engineer and shall be approved by the EPA Regional Administrator and other regulatory agencies The basic requirements for the financial assurance options are stated in 40 CFR Parts 264.143 and 145. In addition, each Owner or Leasee that handles, stores, uses or generates regulated substances shall "demonstrate financial 17 l' ... responsibility for bodily injury and property damage to third parties caused by sudden accidental occurrences arising from" the operation of the facility (40 CFR part 264.147). The owner or leasee shall maintain liability coverage for sudden accidental occurrences of at least $1,000,000 per occurrence with an annual aggregate of $2,000,000, excluding legal defense costs The liability demonstration requirements are stated in 40 CFR Part 264.147. .1. 18 QUANTUM PARK April 6, 1987 r-r"'l~ 7"r'-:), ' -~, -J.! ", .. lH.; '-" -, , . ..lj..-~-"....J u-:-:~~ If A.....;, r\PR 7 198-( Mr Carmen Annunziato Planning Director City of Boynton Beach 120 N E 2nd Avenue Boynton Beach, Florida 33435 1 !\ r:......... T. PLi-, i..il \.:1 - Re Guidelines for Preparation of Tenant Hazardous Materials Response Plan - Quantum Park at Boynton Beach Dear Mr Annunziato I have enclosed herewith a revised copy of Guidelines for your review These Guidelines accordance with your comments, as well as those agencies having jurisdiction over same the above referenced have been revised in of other governmental Should you have any questions or comments please do not hesitate to contact me Yours very truly, /~tltL Steven W Deutsch SWD j gm CC Mr George W Zimmerman David S Pressly, Esquire 2455 EAST SUNRISE BOULEVARD . SUITE 1106 . FORT LAUDERDALE, FLORIDA 33304 BROWARD (305) 564-5114 . PALM BEACH (305) 734-3555 ~ ..- -< APPENDIX A ~ .;'..../ - j I:~!) (..-: ~ , .-: ~ " ,...." gd"h~ ,- .~ . '~i ,~-W~,:,{ -~ ~ ~,! I i~ , l-" I I \ i \ :r " I' Q' i1"~ . --...-,-, (~ fl 7l n, J \~ ~ I, "n..... ") ) :J''''' ~ -n.J' I/" :JJ r. ~..- .i j)" I , , I pr.J ]I ~I r ~ .i ~ .. . I , , ... . . t \. ') r,-.~ , .....,'l("<) : l tr'.+,-:"., II .M~:-o ......-i~ ',; '" "",>on.,. ~ 1\"'....., n :l ~ --- I '''Il,,1 ) , '11 17'....... "'I ) .. ') ....-~ "--- C" I "\ - U - 1 .....r--...... ., 1 ! 1 ~ ~... \' (1-(."') C"""'I J 0 J \ 1 ~. I\I~" n ''''ni'' " Ii ~ ." ' o 1 ~";>:o..;1 ;l ...,.,~ """"' =1- ~:-- MASTER SITE DEVELOPMENT PLAN I ...-.. -.... lI'r.r~lJ.. r'ISP.~" u-u ''j'- t.A.. ... ~'--~-f. ,--,',- r ........ ~ :::'':,:7.,...:: 1 I~: ~ ~ 1.4....... I" I , M;,:'_"~".: O-..':--J.. ......111.. n' HFf ''''1:11 J n 1-:1 '~n ..~~.~. .!..... ... ........~ __ -6 .,.... ..... ...' ,....,....I..A .,r -"... 1 _ ~',~,~;.;. _.. : _. ~ r F-3 ,... ,.- ,....... .0' A ,I t .-.-... -'-- ~.~~:, -- - .::; - ~ i...,L~..t 4- W ~ 4.. e)'i -r.' :l..J ..,5- 9~ _oJ W -r. 'rl .( !: .( a: Cl C) 1-7-- Z z<.2 ~ wI- ~ -<!. o U'l ~; I- :1:'- ~ \f\ lfl~~(j otnZ::' 0- ~ I- U ~ ~I .t!. Z ~~ ' ' ~4..w? \..J W.-l(jo.. 0: :I: 0.. 4.. 0 ::l ~ ..J 0:: -= (j 4.. g 4.. 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'I ('oJ \!1. .. o. 00 9 ,l g N co Cil ~ ::l l:) H f:,. ! ii:: -r... ~,,~: - 2 . a:;} lr_ : :!!1 _~ . Ii : :..~... ... -~-1 :. i - :;;4 1: . _'.._ : i ~t : ~'..... ....11 !-I:: · r . i "r.., ~o~ :i . :n: .;~ ~;... ; w~ :7 is.::, .:~! .. -..- ~ .-. ~..& r~~...::.:.~ -5 _~._.:. :..! ::~e..':~Il;e OJ:~ :.~ L ~:ro; ~:~~ ri~... :.:-e 2~-~...a.~..~z=~ tI. ~l ;!; pie;:; ~:~ ; i-!!Ih~ 1-:'4 I~- -... ei~: -. J - : _ : , : . 6 : ~ B~:~~~.:::bll ."1 .... ....., ;: ~ ~;~ h ii~.a ..Ii:!:...... :: .. .. D _ 4E _.,. l (1 e . , . . \ \ I \ \ \ \ \ ! . I . (T\ ~ ~ ~ ~ ~ I \ \ ~ \ \ \ \ \ \ \ \ \ \ \ I i \ i .~:,.- \.....~ <~ ~?';'~i.' ;; ;.::.~-;. 'f ,.{..4 1\??~ND'11t 1\ ~ ..I .;"'- ~':~,. '" ~-,'t.~- !~ .t;j;A '\ .,;; :~ . } ! r;. J.; , .. '" ~. .-1: "! ----.-----------------..-- ....... .~ i &.:- WHEREAS, the City of Boynton Beach and the applicant, Riteco f1 Development Corporation, aqree that the proposed Development of -;'i~. ! .2- --r:. Reqional Impact, whiqh is the subject of this Development Order, will result in a substantial impact on the existing civic and ~ non-recreational facilities of tile City of Boynton Beach In .,. '1 ~ \ recognit~Qn of such impact, Section 34 of the conditions for :"'j~ ,....~.: .r......."-:. "'/. ~~. approval have been included herein WHEREAS, said C~ty Council, has considered all of the ~t :( foregoin9. '" :'t{ Nm'1, THEREFORE, BE IT ORDAINED by the City Council of I3oynton 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, 9/6/04 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 p'roceedings. Section 2 Upon consideration of all matters prescribed in '\. Section 380.06 of the Florida Statutes, it is determined that A. The development is not located in an area of c~itical state concern B The development does not unreasonably interfere with and is not inconsistent with the achievement and the objectives of scate 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 pr~visions of Florida Statutes, Chapter 380, and, subject to the special conditions hereinafter set forth, RITECO DEVELOPMENT -- ,~ ~~) P, ~ 1~~\ \.~ ~~. ~~'~~':' I ~j of.. .1.-4t'! ~: l' ~ -2- .~;. ,t' '" :~, ..~}.- ., ..,. ~~!,,-. ~'~'~~'f; .... ":" ~ ~~'t ". ,. ,. t~~ .'~ ""',:i;;l~'; l..r~~i.l";' -J;~~'; ,-."~~i~~il~ ~ .' ;i;~ 'r tJ. f~~ii~~ ~:~ 0{ i ~:~ .r ~.(~ ~~-;..:.~ .;~---:)'... ~ 4~~+~~':~ -'!f"'\ " . j ,'. I II :;. ;.I~ ,~ ~f~~" ~~.~ ...:- ~p"...'ff!--('~: ..~'!.l...it- 'S~~~;" kl':"f~'4b', ; 1:~ {:~~;~ :.'-f;<.t. ., < ':! ,. 't. . '.'.':~. ! ~~l~ ,~~:- .f CORPORA'fION is entit:led to the relief prayed and applied for in the i ~ Applica~~on ~or nev~lopment Approval (ADA) "'!"t- "'), Section 4 '~'fhe Appl icatiQn for pevelqp~ent Approv.;ll of l 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 aqrees 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 statu~ory duties under Chapter 380, Florida Statutes ~stantial compliance with the representations contained in the Application for Development ~proval is a condition for approval unless wa~ved or modified by .;lgreement among the parties, as defined in Subsection 300 07(2), - - - .- ~ I,~ ~..4-<j.'~'t _,. 1~ ~~! Florida Statutes .....[ For the purposes of this condition, the Application for Development Approval (ADA) shall include the following items ;.ii<iJ,.1. i ~r t~ ~ 1.~.t~~lj~1' ~ <;;;.' OJ~. ~~~t:.~. (a) Boynton Beach Park of Commerce ADA, submitted Ma y 2 1, 1 984 ; (b) Boynton Beach Park of Commerce ADA Supplement, " submitted July 26, 1984; (2) In the event the developer fails to commence significant - of the Develooment Ornpr. devp10nment - .~ .' ( ;'i;- approval shall terminate ::::'" ,~:t:~ ~;t. physical development within three (3) years from the effective 1~~'~ the de~1lt~pment" ~ha\~ be subject to f~~rft~er co~:~~eration :,~tr~suant ~!~. to secttQP 380 06, .Flor ida Statu tes. Signi f icant physical develop- iitiii)~ ;:-:: ~,.. t:r-:~'''! L,: ,,;.;;. ~~~.::.- ,....' 1.'" 'i: ~'i~ o~ .... ii~ ment shall mp~n ~itPDrpparation work for any portion of the ~l;' _,;roject."", ", ...-"., .,1;. "' .. "" .' '?'., d. . -i . >. . :'^ .,1.:': ,'j"tl ;~~..,! w;;'o... . JI,....~..g~'.-;'*'!.-t!,"'.;~'''-.'r" ,~;;",' ""'u' ~__'t.,,'" ;;\ .' >. ,': ,'jI,' i<" tft~J,.,l'~;rW''';1-7.'::'',;;'''~:~f.k~'H>'i.t., ir"" .o:,~._;(>.",..~~';.'..~t1l'.tI~~ .iirrl ,~:~~, +-tj;i;'f~~k~;,::)' ,\,. ,~,~,;:'~,'i~~,i;,'- ,,- ,;.-~ ~ .~, ,H.:~ .<4>~~q.:" .:,;(,~ ,.;: i ~'-"';"" ;/- .f'~~ \.~'}~"~.:";'" :1.(?;:;;Ip~'ii ji~r . :::'E:~~:"" ?,~~.,~; '" '~"'" JJ",~~ ~':;;:;"?i:~" ;: "~ ; :,,~,' l:,,;~:;';{,)t; .~,,~ I: irt 'f ,,;'~ ';",., ,~,," 'i<..'\ -l ~i;.. ,.,~"fit~?"i,'~""'''' c:.-o." '1 J>.. ',. >c.. . . . .' H l' '-.. , ,,}: 1 r .0& , ~V~~,~,'l.:_.",~~~~).,'~P~>("#":~ ~ '--. . 4"'"';" < \ ~~,~! t t. ~.t ~,:.t,i:, j','k' ",. ,~ < . ~;i' .1' .,;"t -" ., . .~.',; '6 ~~,...;....;:i...~. -/'t"'~f..M.,J i ...t.o.:. ...,.;t' .~..- ~..;... '~'"'0';4>- ,"- ,!to __,i, .~ 'r<;o- ~: ,}~ ._....-.M,.'.... -:,.!A~~J. ~.~ "';,. .. 3 _ l~ ~~,!,.... .~ 7 . ~ ~~-~~ ~ ~ ~t ~~~~f.~ /~.!i 4_'tS .; ~~l~.. ;: ,~~ .t; tt~': $4\', iy"" "l- ~ t f'~4 " .~ ~. .Jolt:'" t;' .... ! \ ,~~;'" ;,......-~:,. .~~"4 ~;r~\ ~~~~. -~""ts. " ~~ ~,r; ..,. .- )".)...:~ t' \ <~ (3) . Clearing of specific building sites shall not co~nence prior to the phase in which the site is scheduled for development (4) During land clearing and site preparation, wetting r"4~ ,. ~\..' operations or other soil treatment techniques appropriate for controlling unconfined emissions shall be undertaken and imple- '- ~ .' mented by the develap~r to the satisfaction of ~~e Palm Beach County Health Departm~rt, Florida Department of ~nvironmental 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, the ~eveloper shall survey the site to determine the ~ 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 ^ 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 o~ are relocated , \l!i,-,,~'" into the area(s) .k.~fj..-..,,~, ; ~;~ ....~i:~:...:" ~, .,.. ". ...L. ~~'t~~y" ,. -300; 4~""~ ~. '; ~tf;'~J f I ~t .; . ~ : . ~~l~~ ~-!: "Il:_ ~""_' ~h-~, J~ J, . ~!' k ~....,~~ :'I~ ~ ~r~..' ~... " . ~~h. -oj, : ~.:-~; .j}-- ~u .. 'f'- J..1 , i'2..i-.,;< 1 ~ , .\... .; ,il ~ ~.t '''''~.' \ ~~ ~}. ~. .... ,~ ~~, ~-~ ;-"fr~j~ ) ; , " ,- - ~,; J , itt i .'\~ ~ r , t!V "'!! z: t~ 't ~ 0['; -4- i .. ~ f ! i ; 'i r:f"~ tJ p..' " . l '>'" . '>. '-;I t--i~~"~ -""":-;. ;, " j t .... ~. to... ~.} i .. '4r ,.I -~. 1 '!. --'}' \,{' 'r ':.. .tft~!: "I ,.... . ~ 1h.! , ./ l ,. 4"'- ~~i':~1;~:~tJ~ ::~ ..:h-'~~4-~' r- ";.,I;!~ c- i" ~~":t~~~{ ~~1l: ',;:~ i ~~l1\.f~'~:r~ :~ .~ {' ;1 , ~ . 1. i ~'l .r-~ t -1'1. .l<,!,,~_ '; f :~ -!.!i"!'" ~~~?-~~~ ~. f.. I .1"l.: " , ..; 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 \ provided by the developer (9) The developer shall establish ~ yeqetated littoral zone. of hardwood swamp/freshwater marsh habitat comprising a total of no . .~ !!~: ~~f~~. 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 ~~f represent~tive of hardwood swamp habitat found on-site including tl'~~.. ' , C 1 i if/I but nQt~lt~Jted tQ>.q~itJUP.~ay.. ~'1~oon'qQJly, ~~q.gond~ppe"~'.l- .r" d~~'l .. ~.~ . ~ F - - - I - < .... - - - -l' '> -! J Jf.....- . ;i~'~!;s~oqia~tAf\ "wfth \t',~~'ptc'~l -~he~~~~~t~~~i~\t~~~;jlqt..C~'~i1~ ,.~~q Qt;:~i~:. !f~i ,i' ~'i' q"t!~~~. .~. ~i; . ,-...: ,~"bt :....." ,t~. ',...;';~~,. .~.' ~;C~"1. ~ ,;..: .~. .~ ~!';"> "~"::-i,:;!-~i ~. ....,' ,~~. ~. ;,.".;:f~q:l ''<;''1'' '''''fl".,,,,J~~: .~~ Hl4t;iv@ f.n4,i';1eoQu:i nY~l;qpn~~~~ <~'\l~~~h.~nt~,:,l'e~!:.~t.~~~~f..t y1f~n~;~;:~;~:.'~'." "~t~~;. ,iJ habitat !}ha11 be fu~-l:i veget~!;.~q ~~tt nativ~_<Q+~'l~ ~p~,~~~~ ~nd ,roo _ ".fi,,~'c;~:~" ~t~d,~CC~ rf~;~ '1!~~~ ;~~Q,Oi~~'i,,~lev~tiQ~ f:.t" :k'4~p~h. Q~~~l;1~,~~ ~~i~t: ~~;tow I < :' q r~~~~ -~r~:r-.~: - - ;--""'4-~)"":----.c"" . ,jit._ 1 l~ + tt.~.; ~~_ ~ ~......;~ ~~ :-.. i~ . -0 .- .~~~- ' control n elevation. "'f~ln ;ddi~io";, the developer"shall preserve ,..,\t: ;~t~ ..,ifJ ~'~ ~n-s i te ,:i~""m :,o~:~e~SO;:ll y f~OOT. W;.~\~~:~ttr~~~ ::e~ ;rP!d, to. ~" <"~ ;Z,~ ~ ~' .t ~(,t '~.., ~.. ) ;..,. ~-'i^;t 'ct t"!;~~;l~:- -r:. >~ t~ .1ir... -5- " l' " 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 i~clude 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 8each 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 ~ 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 groundcove~ 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, 8razailian Pepper and Austrailian pine which occur on-site shall be removed Removal -6 ~31I;'~>- .~~~ ," ~,.!;I,ll'2 - ~;~~~ ;.;-)-% , " 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 L or runoff from a one-hour, three-year storm event, whichever i~ greater, from all ~uilding sites..,! parkinq areas and ,internal Where depressed truck wells are constructed in a manner roaJways c:::... _ _ -- which would preclude retention of the first inch of runoff from the well's i~pervious 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 " 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 ~ist 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 ~I t ~t~21i ~. ,\Ii,.,.,,:I, ".i;' '~"il .tf~ ~# ,ii (- -~ ~,.;.. . 1:(~i1 .: ~~ i:~ 'h'~~. ~ :;'.fi the Department of Environmental Regulation, the South Florida Wate~ ,1j i Management District, the City of Boynton Beach, and the agency Ii delegated the authority for maintaining, updating, and verifying the master files for hazardous waste generators in Palm Beach ..-i~~ Co un t y . . !, ,il"' :j'~~'1;.__ I ~ , 'Q' '~~::Jt~ ~\i/ '~;~~:J rs{~ 1~ f;'l'~ 1-<.d i~"-i ',:" . ... I ~, ''';':>'f.'' -t:~ .",..> .S (~-;> 1'~e',' --."f.,.~ ;~ 1.-; 'j:.. . " ;'-0" J.. ,;-t' -j \ ? ~ '? .. ;i ;. .r,. ~e,. -.- i.- ~.. -7- (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 "hazal:dous 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 orainage 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 Dis~rict 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 ~ impose these requirements and the obligation to remediate any " it..: contamiQation on ea9D industrial tenant or owner in an appropriate , ,-. i" covenan~, and restri.c~ion which shall be approv,ed by the Department 1 of Environmental R~s~+ation 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. (t7) The developer shall develop a hazardous materials contamination response plan for the develo"ment'iwtthin -1'" "; '. ';;i-" ;:: ~""'~ ~he effective date of the Development O~der. i'~f~W~ J?J.~~,~ .-~bj~fl:;]~!",",;;~t:~ reviewed and approved by the City of Boynton Beach in con~uitatio with the South Florida Water Management District, the Palm Beach ~~ County Emergency Preparedness Division, the Department 0; Environ- mental Regulation, and the Treasure Coast negional Planning -8- <1:; ;1~' !; "i~,~ r;ti;~t . ",.r' -." ~-a~' ~.{~ } ~i~' 'f~r~ t j'i" ~ <to Council The plan shall identify appropriate measures fOL contamination Lesponse, 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 monitoLing 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 -- ~ (e) requirements for financial responsibility which will assure cleanup costs will be provided. (18) All requirements for nonpotable watet shall be met only by withdrawls from the surface water management system and adjacent canals ( 1 9 ) A minimum of thirty percent (30%) of the landscaped areas " ~1~ require~ by Sectio~ 7(H)(13), Planned Industrial Development l.t~~ ~,.~ ...i-t::' ~.. .(t'~1~;'-.::~:- ,,!i t-: ~fj F! .;Jr-.~~ .)",,,~...l;'l:h .".. ;~;'~{Wf?::t ~~ ,-t..~'l~.!tf i':i!.~~.~{: 71'!;.-'-. '1~ _h..~ ;S~ ~~i~f' ~;.. .~t1~~~!-~; I ~ ~ ,~:~~ij~: i~!i:~! ' ; :',il;~!;::;r,~~/u ~~il.?~~;'t'~~Rre~~~i~~:'1A f ~ ZOO fng co~~ ~J-i?Or~~!~~~)Di;,:~~)' > ).,~;~:if:!' "~,f::~i,~~~';,.:,~~,~~ ;~"~,'~:~~i~'f~~~.~,~. pa!;:~i~~f ? pe c ~ tic -4~,i,~ e de ve 1 opin~ n t s h a+~~.1~~~r.t I,' " 4~ ... ~ . ':' ... "" I~"";. ,~~~F_:f tr,~:~J '}: \::~-<~ ;J'i_L!"! , ~ ~ '...>...:i;~:~! '":;;:~~~. -:,::~~'_\'__i...jl: '.. .0::4 (:}i. -... ~~! t2'" :~.~ ... -~ ~ - . ,~:, preserv~d or ,replanted 111 a manner ~'to enhance or recreate pative 1'1:41;J;f'~F' ".i~;b4 ,.;.~,,~ .;;~~, . >'" . ~ ~. .....,.,".f".'..;)~...., veg e t;o, .,tl._Qn"..... ~'_ ":',._,' _,,',' .s"',',r.:T~...,, .. c ~, ~~'~~ <'" ~, .:...,:":-.,."':..".,~..'.~,~,.,..~,"",~l"",{:,,:,.~~-;:.11~,', ~.~:t~> ,,-; ~ i~ ~ - ~i"l.r p..... ;.,j. "'..... - "- ~ - r. ~ c ..... J it,;, :,~.,~.',;'._~~',:...~;:t,tti.~..1,~.lt.-'; ,- ,'<,.,._~..'~.~.~,.'_,~,;.~r,:.~..~..~.::' _ _ ,., ~~t;S~4~. ;, ;W~W.., -' , ". ,I, -~"'00" '-'i," ' >., .' ~ .{f~"'.' j~h;i~,;:'.~<,,-i. "v" "~~~i<~} .:tn addition, the following shall a~gl,y 'C. ,~ . . ...., ~ \Ji~~..;.~-'~' .O( ;: to-,' , .~ij"<.... ,. - <, J:-''; :"'...._- '. .' . ~ . - ., -__., cc~?;, }..;;~~ ~~,j \:~ ". '. ~ ... >"~{.':ib .,t't'1~~':' t.. i'.~~~1:.';:;"";'fi' '.; ; 'r. '\(~ J;~ .~'X ,~t ',,:;{r; _, ';;~'f (a) the 'location of the areas of nq,t.Lve vegetq~ion shall',~, '" -'1.:ij ~ ,~ ~ ',:1 tI~~~- [if:~i f, ,;./ ;x."!);:<; ;' -'~-'i'I'.... "~ ,.\\-h/ !f' ,ik .. :i,~ "-"- . ~f'?~~:" \"'-pe sUGh"'~that ~i:.h~ \.ulterin~ andEect;i~izat.,iorr 9"{~nQf)-na,ti,~{r:qFE1q~ ,nq~f:'''' ,i; '.~~,~,~,~_,',~:{.;>~;','.:,','~,f,~':' - ,: '; }"" r n,; '. " t 'r~; f' u ';~ r~'.,~.i,:.' :1,'~;> -~~ . .. , -,": > I, , , '" " ':;. :'''''~;:}..,~;,~.' ~,~~ , ;t. ~ -,' t F: ! -9- inhibit the management of the native vegetation areas in a healthy state; (b) a minimum of fifty percent (50%) of all trees and shrubs used in landscaping shall be native species adapted to the soil conditions on site; and (c) any scrub habitat set aside under condition 6 above which is located on a specific site to be developed ~ill 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~? final site plan approval, the developer shall \\ 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 transl..itted to the City of Boynton Beach for review, and to the Treasure Coast Regional (23) ,> -~~"?S:p ~~'1~v"'~;", t.....~,~: ~~,t "_;i~~,...~i~~: The developer shall construct an additional two lanes '!''- ;~ .;.. planning Council , .. ~~ "'.!~~!}. ';'~~ ~ ~ t:. ~~i-1tj~ '" Northwest 22nd Avenue from Congress Avenue to Seacrest Boulevard c~?N including all intersection improvements at Northwest 22nd Avenue, ~~:;l~ and Seacrest Boulevard within five ears from the date ;;~~ recording of the first plat This constrl ction may be phased with portions of the construction required through the limits of each ,~. ),' plat The construction shall include all intprsP0tinn~ and the q. -",. f -10- of' - bridge over the E-4 Canal, but not the widening of the existing .::.. bridge over I-95. '. (24) The developer shall have construction plans and a right-of-way map prepared for construction by Palm Beach County of double left-turn lanes on the east and west approaches to the ......... ~ntersection 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 $141,000 00 to the County within thirty (30) days after construction contrn0r~ ~rp - awarded and construction has started I (25) The developer shall have a Feasibility/Justification Study and (subsequent) Environmental Impact Statement (EIS) prepared under a contract which shall be approved by the City of Boynton Beach prior to execution of same, for an interchange between I-95 and Northwest 22nd Avenue. The deve~~~er shall pay.~~ ~ to~200,OOO 00 of the cost of these engineering/environmental - -.:. studies. The Feasibilit-y/J"ct-ifi0ation Study shall commence within_ .... thirty (30) days of the issuance of the Develooment OrM~ a~ be _~. I completed within two hundred (200) calendar days thereafter The v- EIS shall commence upon favorable review by the Department of ., ~~ .~ .~~~-~~" Transportation of ~he Feasibility/Justification Study and be . ~il q~, complet~q three hundred sixty-five (365) calenqar days thereafterw rt rk~~ f ,-roo ~ '~fi~;~.t\r;j. ..i ~ oJ'" ~ t -'-;- ~ \~ -'" "...~~c\t's.J;:i\t J" , -3'- i "4 ...~.. "":l!.f,!,.i.:.1.,', ; ~P.;.+,; ,,( 2 ti) ,< When ~ternal trips qef1~ rQ! .~p"b~ J~~.~.pr()l e~t ~.~r:P'p~J " 1 , '~~il, 15 ~ OOD-.J;;:;; !':r ~:;. the. ;ev~'l;o~~:~'..ll c;nst ruct. ;;r ccint ri bu',t e_~",~~,;..:t~;~,~,[.~,',,': .~. 'fi~.~".._.h "'. !1 r' ,'" ,. ." '-,".?C:';' , -r., .-1; '_ h'" ;,'i.h:n~" ~.._~' ,,<'.l~;. ,~ ~o_ _ , ~ 't . ~ ,f ~....~. E'5" 1:f:'!. ~!r~~~4:::~~;:~c: v~:: ;~: ::9 ;;:.:~ :ft:O:S ~ ~::: ::: i'd~::c :::: t ~::: 1 ~:~d~~fk~t :,-t'<.~~.(.. ~ .1 ... -- ~ ., Jtj'U)i- ~. ~tt~~,,,'l I ~~;.r:', '':!i' ,'. '..~'". '", ~ ,~, .' -'" , '!""',:~-" .i'.~'f . ':;/.:t;;_;,,",~!r.~i~ :;-,.1, '~"'::'~t-~~~S:--' .. ."f~"1.~,i.v .;,..... 1- , ~. . "..,... .~.. '.,~/ (....BoyntoO...!3each Doul'evard to Miner Road. . Ifth l~ ;rimprovem~~t l~ v~ ,~~~ ~ 'i '-'~' -. _1":" ~"';Io""'f*#*,.,...~.'.""'II" .' ~;..:.,,:_~ j..._-:..<.~..:~(~j,~....,.. --- ,: ''$-~ _....:..L.,,,-~ i'?~ -..sl'- .:f:.,!} constrl.!s~eq P-Y oth7Fs at no cost to the developer and if neither "la.': :{.~ .is. ~ . IS th~ State nor rede~a1 qovef~~~nt h,s tndtcate4 di~ap~roval 'QC t~e ~ - ~.. ":J' .. 'OC' ~', '. .....,.- "".""'; J ,,..' IV -r .(. ::.:s-. '"t .....~',..1 ~4 J , !...9~' intarcnan<J~ ~r.! tlpr~h1'i~st ~2nq J\\lel1L!e, ithe dev~~oper ~hall .' '-t , ~....;~ ~~{ '\ ~lf.'1tl .\ rH .. ~ ~ v ~ ....,.",. .."ri-.....--.i.... .' -11- ~'t.i.:; ~ contribute $900,000 00 toward construction of the interchange in lieu of said Congress Avenue improvements~ provided, however, that . if the contribution is not required for the interchange due to the fact that the State or Federal Government has indicated disapproval, the 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 cond_tion 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 ri~t- 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 10 also dedicate to the appropriate governmental a encies any inci- dental right-of-way, ~t to exceed three acre~, 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 ~ne 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 cont~i,Rut'~Qr{lfshal1 not be''''' ,,, " , .,' ':'J ~i;,ii lti".~ _ ...:.- :;.~'!' : required in the event that the $900,000 00 Gont'ilbutton ~;q4ired,<,,~t~~~ ~/~ h ';l'~.:~0.~ under Condition 26 above is allocated to improvements at these ,'" .:t.~~i~ ~if~~ ;~ 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 ~;.l" ? ';f.~;! ......... -------.--- base year "----- -12- " (28) The developer shall monitor project traffic generation annually beginning after development of one hundred thirty-two (132) acres (not including R-Q-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 8hall 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 dnd 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 or 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 (gO) days ~f 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 Park. N W. 22nd Avenue aQpears as a 108 foot arterial on the County's ._------_.~-- - -.....-. y Thoroughfare Plan (32) In connection with the r~quirement tq set aside forty (40) acres of scrub abitat, within one hundred eighty (180) days \ tw ~" of the approval of the Development Order provide for the City of ~t.:. t.. ! ~-"'{ ~~ ,. -" -<-., poyC)~qif..~~~itqn, t;h(J~~~+, ~~~ctiptiQ~ if& \,:~,~~."a!.7~f_ to be ~r~os,~rv:d. :l~i.-+: l' tJ n;"J{",i,,:". ,~..,:,--:. iJ.i: ~_.; .~.., ,~. f ..~~;I<'~' '.. .1r 1 l. 'f -.-;: ~ ~ r.~ 1:i~' rj:~~ _;.. t.~)J 'In c:;,Qnne9~igJl, w\.~h r;:~com~~nga~,~9l).,'Q<;.:wt1j.ch a~peqrs. in the,,~ , -::;,: r....;, .ii" . .::."",',,< '~.' )<.-; ~,.:)<.? ,~..;y""!'?' '~'~~'~"=""~~';";'''';'. · T' ~"" 7 "H:J,,''':u~tt;; ~!,\.:~. R~giq!li\l ~l~flnl!l)~~;~~?~n.ctl:~ ref?ort '1n,4 l;'~Colll'!!~ndatlon~ 'th~;" \'.'C}~~~~j~'? .t~t~~~.~{;\:;~... :..~~~ ~ /l-t:'.:-~~ -r-1 {!t~ ':,-~4;~.;~~i.1'~. J~:', -: ~- .t '~"S.~l. . ? . . _ ~~~t ~,',~~"t~~:. ~~,~, -;""~ Qe ve-lQ.I?&V;: > ~h.9~+~,V;Q'tl!,Q.e fqr; tt1~ G~ ty '" apl?rova+,~ docu!llen t;,;;:~,wh l.ch ~ .R~~1if ~p<~f ,.jl~:J;~'~~~'~ ,i-"c,..;:, :,' ',i:t:{";':.H~;';" ;;'''t' '. -. .''"' 't ..., ~;i, , ),~! ::;;:;1. ';~t~~t,,; ':*-' will $p'l.cifY the "4t;l.1.re Ot pnd re6J?0f\~il;>!t.i~y ~Eor the c.on~"inued"~~ ~~:: nr-~" ~if.t.;l~l. tJ "r~~~.\ ,f" .. maintenance and pres,rvation of the forty (40l ocre scrub~habitat ~~~ cf.. .(, '( -- !-&....; ':;""'.-y~ se~ astde. ~ ~' "....;..- J. '..c '-'0:-': l ~:... ..L~;i.:~1 :-; .. ,. -1]- (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. -.,- l\ (e) Riteco will be entitled to review and comment on the Study as it progresses, and will be timely provided copies of all correspondence ~nd other documents regarding t~e Study. (f) The parties agree in concept that any impact fees be due and payable at the time of issuance of ee~ti~cate 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.D. .~~tl , " 'i "i&:iJ' ,f';~:<"ifit>> J:~lt~ E-4 Canal, the developers of the Park w~ll be ,required to, ~xtend ~~,~j~~~~ the sixteen (16) inch water main proposed to b~ install-e~ 1n N.ti:"'t~;~;~, ~ .~. /... ~'- ?b~~t.: 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) jears of the date of the approval of the ;~, , ~ .t Development Order Also, in order to clarify utility construction r ..", . ':.r.!r ~~J:l.... in Phase I, the following shall apply .. " ' IV -14- .ilt't .:; '1 .:of' ~~~~>'f.: ~j::"l t,~ ,~t~ "\~ 1" Sit; ~.~~~~ ~tZ h, "l/:!' Park. . . ,~} t;"'Tf' .f.i\~' .,.;..~~ '~~"~l' '1-~~~~~! .~.it~;:~~ h,~:~~1~~;Y ~ :--+-:~rt. ?1~t .~- ,_;J: ,t. ~{, , (a) Any Park development east of the L W D o. 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.O. 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 "8" 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_~ccessing ~~d High Ridge Road ~ (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 _;.'i supplement municipal police protection with a pr.ivate, c~nt~ally- ,., ;~ located q~d housed, o~-site security force, the following shall be :4.... ;.r~~ required: . I ,,.., _~:: r~ , ,~;. a All security al~rms ;~ !:~ fJf~; f:;~~ · -'>$~ '~t' '~':-~~: i ~~ to be insta~f~d ~~thin ~h~ t.~I'~ t fj.~~~7i~~~:; ~~~~:. '1:~tty~.: '~"~f ~-~ seclJr~ty ,.fac>1.,lity~f' " ~ ..:.:~ t,.' t' ~~,.{~fi~~~lt( j '!. !Y'"r, <ir' r -{ ~t -~ If-~_, l- the Park's gevelopers submit to ,l~'j'";;d be~onnected to the on-site .- "\~'t.~t' ..". io.;;.~ -l, ":' ~1'"~~ ~'>~'- t: ~.. ~ ":,~~,__ ij._"J~' !\'f;'o l -~ ~ ~ . .' '.b." It is, ,required that -:d.f' t ~ .~t: ~ ~ ~ li';~- . m~,n~8'tJ?~~ "r.?t~~~~~?artment the as a pasis t;.._ ~. ~;;,.. :J' r ' re~earch emRAoyed r ~., r 1.'<\';';'.; rr.~: . .{ ,t~"4- .1::'" " \ T~<.~~ " f,or ~x~nq9,f ~~I~ct;.!,9"~~~. .)~ j, (41) ~.W. 22nd Avenue shall be constructed with a landscaped meq lan, ~nd t;11l:\ q~'l~,~9rer ~hq:U~I4~fJ\~1.". "to tt;~'(.':~r:'~i!;.'~;,(o~~ BoyntOn .f.r. .~. -tH"" ',f Ii,. "" Vi~{ .... ~- ~ .It. ;t! ;p '..c~.;-_~. -15- l' ''':'\-, ...~ 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 approval, 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 ~ertain letter from Wade Riley to Peter Cheney, under date of October 22, 1984, which letter is attached 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_sespective_Eour Digit Standard Industrial Classification ~ 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 ~omparison of development activity proposed and actually conducted for the year; Cd) Undeveloped tracts of land that h~ve been sold to a ~~ separate entity or developer. Ce) 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; ,( . ~ ~:. ~.~- ~~ -16- ~ - ~ (f) An assessment of the aevelopment's and local government's compliance with conditions of approval contained in the DR! development order; (g) Any known incremental DR! 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. --. ~ (46) The City Manager of the City of Boynton Beach is hereby designated as the local official responsible for assuring " compliance with th~s Development Order. Section 5 A copy of this Ordinance (Development Order) h*J~ -i'A'" :;c... l{ i.J~)~ ,. -j'-.. , shall be transmitted to the Division of Local Resource Management, the State Land Planning Agency, Riteco Development Corporation (the 1>'" , i~~ owner/petitioner), ...~~~t~r?- ~ ;ffj~ <J\o ;J~~{..::~.~:~ :.t:, 4- ;',~~",:il',;""" ' CO!J n c i 1 :- '~ ~. ii, .-;~. ~ ~'"" l' ~.+t~- '~-iY~ f' ~~t ~ -t ,"" , ;~'.-.li:'; Sect ion 6 __ '..l~~'i1-fJi ;:;~.~~ ". ,. ...., . _ .' and tbe Treasure Coast Regional Planning ,;~. ;- .., V" 'I "j ~i'i,~7' i, ~ /4~~;2~; ~ ,~~,~~:;~~. , [l ~;""t:,. ....: ) 't """:/ .~ ~ i: ->... I, 1:. ,~; A ~L ,f' ~...:' ~~ ~~. ~yli"" :. ~ ;: ~~This or~lnanGe~,~~~~.~~~q~,~~ffe~tlvt '~1 i'-; it...;.;~ 1.', :of 4.,,".~/~ -!!t,~ \1'5. :~~; <k \-~ ;ft;~ immediately upon paf!sage. f~is; READ1Nq thi~ ~ ....\- ~ ), ... ~r :.<.. ~, :k.~~~ ..; day of December;", ~ 8 4. .!fi" ,. , '~ ~':-:c.'~ :, $0.., ;-... ..;~~ !~ii'1 ~ .[;.",' ":. 'r; ~r~c ~ ; '*Oi>r;' .r";'~' i ( f lL -17- , , , ( J SECOND READING and FINAL PASSAGE this od /0 day of December, 1984 CI TY at:' BOYNTON DEAClI, r LORI 01\ ~.., . (~L/),-"f '/? /l~ ~-"- Y /) ~-<v:J M.l\.YOR .0 vt~/~ llt-C l U;~ <' ~C[;",- COqNCIL l1E:1BER ~ AT1'EST: cf!!!fi/~ 113084dt 07///994 C E R T I FIe A T ION I, BETTY S BORONI, City Clerk of the City of Boynton Beach, Florida, do her~by certify that the above and foregoing seventeen (17) pages is a true and correct copy of Ordinance No 84-51 (with Exhibits A, B, and C attached), as it appears in the records of the City of Boynton Beach, Florida. .. lJ-,yr,,<.- oroni, Gity.Clurk 19B4 ;:)~~~ , < ,,~:l ~l~ '~~,# ,)' r~" II (SEAL) -'10- ;4 v. EXHIBIT "A" OVERALL BOUNDARY LEGAL DESCRIPTION A Tract of land lying partially in sections 16, 17, 20 and 21, Township 45 South, Range 43 East, Palm Beach County, Florida, said Tract being more particularly described as follows Commencing at the Southwest corner of said Section 17; thence North 1-14'39" 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 89-04'32" East, along the centerline of N.W 22Jld Avenue, a distance of 778.37 feet to the point of Beginning; thence North 1-44'39" East, a distance of 1247 06 feet to the South right of way line of L.W.D.D. Lateral 21; thence North 89-08'49" East, along the South right of way line of L.W D D. Lateral 21, as recorded in 0 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 10-32152" East, a radius of 750 00 feet, a central angle of 4-04117", and an arc length of 53.29 feet; thence continue along the centerline of the E-4 Canal, with a bearing of North 12-35100" 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 3-28130", and an arc length of 394.23 feet; thence North 9-06130" East, a distance of 1979.16 feet to a point on the North Line of Section 17; thence with a bearing of North 89-16'39" East, along the North line of Section 17, a distance of 1964.50 feet; thence South 0-02111" East, a distance of 26~5 18 feet; thence North 89-08149" East, a distance of 368.96 feet to a point on the North right of way line of--N.W. 22nd Avenue~as recorded in O.R. Book 1738, Page 1686 of the Public Records of Palm Beach County, Florida; thence South 19-27131" East, a distance of 50 00 feet to the centerline of N.W. 22nd Avenue; thence with a curve to ~he right having a chord p~aring of North 75-29149"~,East, a radius of 1637.02 feet, a centra,l angle of 9053158", and an arc length of 282.85 feet to a point; thence North 12002141" East, a d~stance of ~]5.72 feet; thence North 0-3~111" East, a distance of 399.70 feet; thence North 89-12'37" East, a distance of 413.21 feet; thence South 88022J56~ East, a distance of 1349.70 feet to a point on ~ the West right of way line of the Seaboard Coastline Railroad; thence South 0-28~21" East, along the West right of way line of the Railroad, a distance of 1309.09 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 0-33153" East, a distance p~ 1306.,q? t~~t; thenc~ ~outh a8-4S'31" East, a distance of 333.51 feet . tq a potijt qn the W.st ~ight of way of the Seaboard Coastlin~Railroad; ~ thenc~ ~it~ ~ bea~ing 9f SQuth 140Q~.23u West, alpng the West right of - . . - . . way o~ th~ r,~l~Qadt ~ distance qf 1312.49 feet~ thence Sou~h 0 33153" ~(~~st, ~dl~tance.~C 2&.69 fe~t, thenc~ South 13-'5t22~ West, ~ distance ,~- '-Of 920.57 fee~;-thEmcQ.;:.North 88.50'041' Wes4., aliist:ance of H17.60 feet; #f:;;,~, ~thence with a bearing of North 0.49'21" West, a distance of 200.00 feet~ i thence North B8-50104~ west, a distance of 218.00 feet~ thence South 0-49121" East, a distance of 200~00 feet; thence North 88050'04" West, a -distance of 40.00 feet; thence South 0-49'21" East, a distance of 556.84 < feet; thence North 88-50104" 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 5-18114" West, a distance of 153.13 feet, thence with a curve to the right havlng a radius of 450.00 feet, a central angle of 15.36'44", and en arc length of 122.62 feet; thence North '0.'BI30~ East, . distance of gOB 6Q feet ~o a point of curve; thence with a curve to the left havlng a radius of 450.00 feet, a central angle of 18-20'00", and an arc length of.143 99 feet; thence with a bearing of North 6-01'30" west, a distance of 1255 14 feet to a point on the centerline of N.W 22nd Avenue; thence with a bearing of South 69-04'32" 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 ; -;.~ . \ '- M E M 0 RAN DUM October 23, 1984 TO: Nr. Carmen S. Annunziato Director of Planning RE Boynton Beach park of Commerce The ~pproval of this development as related to their lift station configuration should specify that at the time of pld.nning 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 ~ast 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. C?- (JL f1U11f( perr~ssna, Director of utilities apt ~ .~. .;.... CYlfJ{3>7T- t,~ \, .u;.:.... ~> \0.> "f ~r. l' ~ I " '}lillf'! 201 136'1; -"\'<;!st Lanl;! a Road I;;-::~.lan~, florida 33462 Phon~, (305j.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 acceptab~e to both parties If this concept meets with your approval, we would be pleased to meet with you at your earliest possible convenience. Sincerely, LJrl ~~ R~1?L1.(.{ Wade Riley Vice presi nt WR/gd cc Mr Carmen Annunziato ~ tXltJ:bIT - 'I C '\ l' ;