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LEGAL APPROVAL M.J.NJJ]~~.?_..J:;J.f._..Jj.~~II.NG.. pq 1 of IVleet:ing place ConferE'nCE? hoom~ ''''1.... /88. 1() ()o.) i:'l m Subject . "Quantum F c:w I,: " Measures to be ta~en~ in order to protect e isting Fine Scrub PreserJe and Microsited areas Attendees Carmen AnnunLiato~ Director of Flanning George limmerman~ Quantum Associates Da~id Fressly~ Esquire Mi~e Busha, Treasure Coast Regional Flanning Council ~evin Hallahan~ Forester/Horticulturist Vincent Fini io~ Engineering Inspector Duration of Meeting: 2 ~5 hr Meeting held in response to a document generated by the Treasure Coast Regional Flanning Council (see attachment) This document voiced concerns that microsited areas are being depleted Additionally they are requesting from the developers of Quantum Par~, a management plan in order to insure Quantum Parks future compliance with the Development Order 1 Cal'''m~::~n HnrlL.lIT::::i ato Dep let:i cm of F i ie SCTub areas may caUSE' a future inconsistency with the Development Order, should the required number of acres be diminished beyond the allowable area 2 George limmerman Identitication of the microsited areas and the implementation of fences to identify and protect these areas from intrusion, is not economically feasible at this time Frotection of the microsited reas should be secured at the time ot site plar review for each individJal tract Mi~e Busha Heav, equipment has disturbed all of microsite "A" Wh~/ is tt"le devE'lopE~I'" cleal'''inq lot~:; and e>:pclsing ster"ilE~ fine sands, prior to site plan approval for each individual tract This is in direct conflict with the Development Order~ causing unconfined emissions which are affectinq adjacent properties We want assurance that the total number of scrub acres will be available when Quantum ~ssociates leaves the site 4 George Zimmerman South Florida Water Management District is requiring us to bring all tracts to approximate elevation +12 U immediatel! This requirement by S F W M D is the reason we are stripping and filling as we are 5 Carmen Annunziato S F W M D should have been invited to attend this meeting I request Quantum Associates provide a CtHT€.mt. i:'lE':'r"i al photogr'apl"i t~ ~-f:H r1^:'A Boynton Beach ~ so we can aSCf::~I'- ti:'\l n th(":! C:UI~l~fE!nt !:; taDs-t lhf l'1:::j::i'Clli1UE~a!::, J..T~~~_~k APR 4 1988 PLANNil'iG DEPT. - t!mlH,~~.i"",QF.,,,,,_t!J;,~TI,N.G, P~:J ~, 0+ 6 George Zimmerman If we pro/ide aerial photographs to the City, and if the aerials prole the scrub and microsites are in conformance with directives, will the Cit! pay for the cost of the photography We cannot continue to pay for any further surveying or engineering 7 Vincent Finizio In accordance with the e: cavation and fill ordinance that governs Quantums earthwor~ activities, the Engineer of Fecord for Quantum (~ossi & Malavasi) should be providing certified monthly reports to our office These reports would address compliance or non compliance with the E cavation and Fill ~egulations Futhermore we have not received any reports detailing the projects status (Section 8-15 of the E cavation and Fill Fegulations were then read aloud) 8 Carmen Annun iato That section of the E cavation and Fill Ordinance is married to the Subdivision ~egulations I will ma~e my recommendations to the City Manager and discuss my request for aerial photographs 9 George Zimmerman 1 don t understand why I m p3ying ~ossi for those status reports you are not recei ling them j\,lot E' lvii'" hi c: f; Cl ~:; i ',E:r": 1;J i n e~~~r" of f; E'C Cl'" d) Eastern Inc entered the c:ontererce rClom attendance less than one minute then meeting He did not return c:\nd Bupt I"ir- ~;tood "..im' of F}liCH1 hos~:,i ~.Ji:IS i r- up and I f::'.,f t t,hG! 1 () ~;up t " ,.1 i m " 1"lon t h I I i:\er" i 1 phot Clgr- aplm, s <::lr- €~ r', or" mall y t: 51 ~ E'n for my estimators, and at no cost to the City, F(an Eastern will provide a currelt photograph and a COP! of the Clriginal aerial Vince mal come to my office to pic~ them up 11 tevin Hallahan I m here to discuss ~van Easterns offer to placl=', :d:, no cost to th('~ City o'f Boyr-ton Bf.?ach:; their- e Cf?~=S iT1UC:~ on the City Far~ tract 1 have discussed this with Carmen and my supervisor, and we belleve that a si (6) inch layer spread over the entire site would be preferable to stoc~piling it Flease verify that there will be no costs billed to the eit; for any of t h i ~:; ~.JOI'- f 1 ',~ Supt ",Ji mil That i s corn:~ct F,,/an wi 11 assume all co~sts for the placement and grading of the muc~ We will provide an apprCl imate final grade ele/ation of +12 U and the on site soils engineers will ceritf; that the park sites subsurface much has been completely remClved and filled with clean sand. 1_ Carmen ~nnun~iato Could the much be bladed into the e isting sands to limit its ability to become airborne during high winds and further increase its potential for landscaping topsoill' pg ~ of t!,lN-'=JT~1?n"n,Q.f.,nn..t.L~gTJ.nN.G., 14 Vincent Finizio: The onsite times and in my opinion, it is now suitable for use as topsoil placement operation 3nd if rich we will prohibit its placement muck has been moved numerous a composite of sand and muct I will monitor with ~evin the fibrous peats or silts are noted, 15 tevin Hallahar Due to the compositior of the muc~, the spreading technique should not cau e a blowing sand problem and the area will naturall! establish grasses in appro imately three (~:') mont,h~=; Th<,:7.' C,l t y hli 11 in it i :\te mcwJi 1'1\..:1 tJi IS =;i tE' ~'Jhen it becomes necessar( jn the future I suggest we inspect the stoc~piles prior to placement, if Fyan is in agreement with what we have d Ecu5sed 16 f:3upt II cr i mil Yes that will be fIne 17 t eJ:ln Hallahan do a final inspection ~~t(=ps rhe EngIneering Inepector and myself will of the site to aSEure compliance with these 1 El Ck~ Clr" <.::J f:': 1'1 i. t E~S 1 f.=t t E?I" to I. no~",I that I mmf;'~I'-mr.H'l to c: ai" mE-?n ,3 s ~,IE~ arH:J F (an I will respond to the issues raised 11'1 5001'1 as possible, and I want everyone are trying to do our best Meeting ended 3t 1 J..J P m Minute5 recorded and typed by Vincent Fini~io If by April 18th, the Engineering Dept does not receive comments amending the above minutes; the minutes will stand cc Feter Cheney Carmen Annunziato Tom Cl ad George Zimmerman David I::ressly jvli ~ E-? Busha . E~vi n Hl311 ahi::\n fo,Cl!;5si II'1al ava::.~i Ryan Ea5tern, Inc , r/ /./A " 7;,- > / /._w 011188-8 0151D f /' ----- ~ ...."'" t.-- ORDINANCE NO 88- ~ ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR A DETERMINATION THAT CHANGES TO THE COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO 84-51, AND AMENDED IN ORDINANCE NO 86-11, AND FURTHER AMENDED IN ORDINANCE NO 86-37, DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380, FLORIDA STATUTES, 1986, DETERMINING THAT NO FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS 84-51, 86-11, and 86-37) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES, AND PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES WHEREAS, Riteco Development Corporation, a Florida corporation ("Riteco") filed with the City of Boynton Beach (the "City") an Application for Development Approval of Comprehensive Development of Regional Impact (the "ADA") on May 21, 1984, regarding that certain property (the "Property") described in Exhibit "A," attached hereto and made a part hereof; and WHEREAS, the ADA was approved and the Development Order for the Property was granted December 18, 1984 pursuant to Ordinance No 84-51 (the "Development Order"), and WHEREAS, Riteco subsequently conveyed its right, title and interest in and to the Property to Boynton Park of Commerce, Inc , a Florida corporation ("Boynton Park"), and, Boynton Park, in turn, subsequently conveyed its right, title, and interest in and to the Property to Quantum Associates, a Florida general partnership (the "Developer"), and WHEREAS, Developer filed with the City respective applications to amend the Development Order, which applications were approved by the City in Ordinance No 86-11, and in Ordinance No 86-37, and WHEREAS, the term "Development Order" includes all amendments thereto, and WHEREAS, Developer has filed with the City another application to amend the Development Order, and WHEREAS, the City Commission of Boynton Beach, as the governing body having jurisdiction, is authorized and empowered to consider applications for amendmen~s t~ development orders approving developments of regional impact pursuant to Chapter 380, Florida statutes (1986), and WHEREAS, upon publication and furnishing of due notice, a public hearing on these proceedings was held January 5, 1988 before the City Commission of Boynton Beach; and WHEREAS, the said City Commission has cons idered the testimony, reports and other documentary evidence submitted at said public hearing by Developer, the Boynton Beach staff, and the public, and the Boynton Beach Planning and Zoning Board's recommendations of December 8, 1987; and WHEREAS, said City Commission has considered all of the foregoing NOW, THEREFORE, BE IT ORDAINED by the City Commission of Boynton Beach, that said City Commission makes the following findings of fact Section 1 A notice of public hearing in the proceedings was duly published on December 21, 1987, in The Post, a newspaper of . general circulation in Boynton Beach, Florida, pursuant to Chapter 380, Florida Statutes, and proof of said publication has been duly filed in these proceedings Section 2 Developer has requested that the Development Order be amended as follows A That the Amended Master Site Development Plan ("Amended Master Site Development Plan"), attached hereto as Exhibit "B" and made a part hereof, submitted by Applicant in its application for Amendment to the Development Order replace and supercede the Master Site Development Plan currently approved in the Development Order B That Section 4(1) be amended by adding the following subparagraph (e) f (e) Quantum Park At Boynton Beach ADA Amended Master Site Development Plan submitted November 12, 1987 0151D. -2- - ~ C That references throughout the Development Order be revised to conform to the Amended Master Site Development Plan. Section 3 Upon consideration of all matters described in Section 380, Florida Statutes (1986), it is hereby determined that. A The amendments proposed by Developer do not unreasonably interfere with the achievement of the objectives of an adopted state land development plan applicable to the area B The amendments proposed by Developer are consistent wi th the local comprehensive plan and local land development regulations. C The amendments proposed by Developer are consistent with the recommendations of the Treasure Coast Regional Planning Council on file in these proceedings D The amendments proposed by Developer do not constitute a substantial deviation under Chapter 380, Florida Statutes (1986). E The amendments proposed by Developer do not require further development of regional impact review Section 4 The Ci ty Commission has concluded as a matter of law that these proceedings have been duly conducted pursuant to the provision~ of Chapter 380, Florida Statutes (1986), that Developer is entitled to the relief prayed and applied for, and the Development Order is hereby amended incorporating the amendments proposed by Developer as set forth in Section 2 above, and incorporating that certain Memorandum from Kevin Hallahan to Carmen Annunziato under date of December 2, 1987 (attached hereto as Exhibit "C" and made a part hereof) Section 5 Except as otherwise amended herein, the Development Order shall remain in full force and effect Section 6 A copy of this Ordinance shall be transmitted by first class U S Mail, certified return receipt requested, to the Bureau of Land and Water Management, the Department of Community Affairs, Quantum Associates (the owner/developer), and the Treasure Coast Regional Planning Council 0151D -3- Section 7 This Ordinance shall become effective immediately upon passage FIRST READING this ~day of d().Jyt.LV~, 1988 SECOND READING and FINAL PASSAGE this~ day of r-ebvUCIYt4 , / 1988 CITY OF BOYNTON BEACH, FLORIDA tJ;<<:~ a~x~~ MAtOR a VICE- A;&~~. CITY ER ~A~~ COMMISSION MEMBER iU '"/ COMMISSION l1E ~c~~ c EXHIBITS "A" - Legal Description "B" - Amended Master Site Development Plan "C" - Memorandum from Kevin Hallahan 0151D -4- EXHIOIT "A" OVEn~LL BOUNDARY LEG~L DESCRIPTION A Tract of land lying partially in Sections 16, 17, 20 and 21, Township 45 South, Range ~3 East, Palm Beach County, Florida, said Tract being more particularly described as follows Commencing at the Southwest corner of said Section 17; thence North '.'4'39/1 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, rlorida1 thence with a bearing of North 89.04'32" East, along the centerline of N.W. 22nd Avenue, a distance of 778.37 feet to the Point of Beginning; thence North '.44'39" East, a distance of 1247.06 feet to the South right of way line of L.W.O.O. Lateral 21; thence North 89.08'49" East, along the South right of way line of L.W.O.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 10.32'52/1 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 3.28'30", and an arc length of 394.23 feet; thence North 9.06'30" East, a distance of 1979.16 feet to a point on ttte 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 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 oe"N.W. 22nd-A'venue$as recorded in O.R. Book 1738, Page 1686 of the ?ublic Reco~ds of Palm Beach County, Florida; thence South 19027'31" East, a distance of 50.00 feet to the centerline of N.''l. 22nd Avenue; thence with a curve to the right having a chord bearing bf North 75029'49/1 East, a radius of 1637.02 feet, a central angle of 9.53'58", and an arc length of 282.8~ feet to a point; thence North 12.02'41" East, a distance of 915.72 feet: thence North 0.31'11" 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 Railroad1 thence- South 0028'21" East, along the West r~ght of way line of the p,3.ilroad, a distance of 1309.09 feet to a point on the centerline of N W. 22nd hvenue: thence North 88.27'3111 West, along the centerline of N.W. 22nd hvenue a distance of 672.97 feet; thence South 0.33'53" East, a distance ~f 1306 69 feet; thence South 88.45'31" East, a distance of 333.51 feet to a ?oint on the West right of way of the Seaboard Coastline Railroad1 ':.hence .-lith a bearing of South 14008'23" \~est, along the ~.;rest right of .Jay or the railroad, a distance of 1312.49 feet; thence South 0033'53" ~ast, a distance of 26.69 feet; thence South 13015~22" West, a distance ?f 920.57 feet; thence North 88050'04" West, a distance of 187.60 feet; :"ence with a bearing of North 0049'21" West, a distance of 200.00 feet; ':.hence ~orth 88.50'04/1 West, a distance of 218.00 feet: thence South :).49'21" East, a distance of 200 00 feet; thence North 88050'04" Nest, a distance of 40 00 feet: thence South 0.49'21" East, a distance of 556 84 :eet; :hence North 88050'04" West, a distan~e of 3617.26 feet to a point ?n t"e centerline of the above described centerline of the E-4 Cunal; thence '.-lith a bearing of North 5.'8'14/1 Hest, a distance of 153.13 feet, :hence 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 'ort~ 10018'30" East, a distance of 988.60 feet to a point of curve: :1ence wit, a curve to the left having a radius of 450 00 feet, a ':~!"'::'al ar.ale of 18020'00", and an arc length of 143 99 feet: thence .:it''1 .; ~earing of North 8.01' 30" \-lest, a distance of 1255 14 feet to a ?oi~: on t~e centerline of N.~. 22nd Avenue; thence with a bearing of Sou:...., :;9 oO'~ '32" "lest, along the centerline of N.tv. 22nd Avenue a distance of 817 85 feet more or less to the Point of Oeginning. Con:ai"_nc 591.55 acres more or le~s and subject to easements und rights 0:: ,.;a! 0:':' e co rd . ~I:.. ;J Rt:CO~O VERtFIEO FLA. '.'.. ,\ r~: \.: 1 wi... 1'1 -~t..LM B€ACH COUNT'< ')'-'d : ,:un( ~ JOHN B DUNKLE T :. .. :;:"_ 'T ,:::::,,,''' ,.., ctH~'rlRCUIT COIlR, ru ~ ~ -' o C- c:: c:- O lr. a::::l E:.< i1 I E3 IT" A" OVERALL BOUNDARY LEGAL DESCRIPTION ~ - ; A Tract of land lying partially in Sections 16, 17, 20 ~nd 21, Township 45 South, Range 43 East, Palm Beach County, Florida, said Tract being more particularly described as follows Commencing at the Southwest corner of said Section 17: thence North '.'4'3911 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 89.04'3211 East, along the centerline of N.\~. 22nd Avenue, a distance of 778.37 feet to the Point of Beginning: thence North ,044'3911 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 1n 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 9006130" East, a distance of 1979.16 feet to a point on tne 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 0002'11" East, a distance of 2625.18 feet; thence North 89008'49" ~ast, a distance of 368.96 feet to a point on the North right of way line of'~ W 22nd-Avenue~as recorded in 0 R. Book 1738, Page 1686 of the ?ublic RecOl;ds 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: ~hence South 88022'56" East, a distance of 1349 70 feet to a point on :.he .e s t r igh t of ''#lay line of the Se aboard Coastl ine Ra il road; thence Sout~ 0028'21" East, along the West rtght of way line of the p.3.ilroad, a ~istance of 1309 09 feet to a point on the centerline of N W 22nd ;'.venue: thence North 88027' 3111 t'iest, along the centerl ine of N W 22nd nvenue a distance of 672.97 feet: thence South 0033'53" East, a distance :>r 1306 69 feet; thence South 88045'31" East, a distance of 333 51 feet :0 a point on the West right of way of the Seaboard Coastline Railroad; :he:ice ,..rith a bearing of South 14008123" \'1est, along the \'iest right of -Jay 0: the railroad, a distance of 1312 49 feet, thence South 0033153" : a s t, a d i s tan ceo f 2 6 . 6 9 fee t: the n c e Sou t h 1 3 0 1 5 ' 22" \<1 est, a d i s tan c e Q f 9 2 0 5 7 fee t ; the n c e Nor t h 8 8 0 5 0 ' 0 4 II t'i est, a d i s tan ceo f 1 87 60 fee t ; :'1ence with a bearing of North 0049'2111 West, a distance of 200.00 feet; thence "1orth 88050'0411 West, a distance of 218 00 feet; thence South J049121" East, a distance of 200 00 feet: thence North 88050'04" West, a ~istance of 40 00 feet; thence South 0049'21" East, a distance of 556 84 :eet, :~ence North 88050'04" West, a distance of 3617.26 feet to a point on t~e centerline of the above described centerline of the E-4 Cunal; :hence ,,..rith a bearing of North 5018114" \'iest, a distance of 153 13 feet, :hence ,..rith a curve to the right having a radius of 450 00 feet, a central angle of 15036'44", and ~n arc length of 12262 feet; thence or:.. 10013'30" East, a distance of 988 60 feet to a point of curve; :~ence Nit~ a curve to the left having a radius of 450 00 feet, a ':ertra_ angle of 18020'00", <lna an arc length of 143 99 feet: thence ~'it~ ;:. bea:::-~r.g of North 8001 '30" \-1est, a distance of 1255 14 feet to a pOl'~ on t~e centerline of N ~ 22nd Avenue; thence with a bearing of SOU:~I e900.~'32" ~'lest, along the centerline of N ~o1. 22nd Avenue u. ~istance Ot 317 85 feet more or less to the Point of oeginning C~n:al~_rg 591 55 acres more or less and subject to easements and riqhts 0:: ..:a / 0: reco:::-d DVERtFIED -I: 'J RECOR FLA. _,~ .\ ::.~ ,.: -{ ....\.. I'! -?'~\.M B€.ACH COUNTY J..... ~ :Ui:(...:. JOHN 6 DUNKLE T ':' _ .. '..': ,::..,'li ,.., cov.-rlRCU\T CO\lR r\.l -i o Co- C c;- O Lr OJ EXHIBIT B .s (. 1- ri I I . i ~.;. c I L-.c~' If.:~; ., '4ASTE" ~LAN " n~--"; l(e;. ~l.!:!rt '" .Nf(?c5 ! ~J~~m f b~14~ i ~7'77' -lh':,h ff(f);;2 t'rs a1~~~ ~flUj ~~~ .~-~ a~,nnJln,;,c 'cfifJ~ '~rr '\ ~ --= NOVEMat:" 12" ,,1..7 .' .. \ ~. I - EXHIBIT "C" I1Ef10RANDUM TO Carmen Annunziato Planning Director FRON Kevin Hallahan Forester/Horticulturist DATE December 2, 1987 SUBJECT Master Site Development Plan Amendment #3 Quantum Corporate Park (FKA Boynton Beach Park of Commerce) This memorandum is in reference to the above document submitted to the City of Boynton Beach Planning Department on November 12, 1987. The new location of the Sand Pine Preserve (14 3 acres) will comply with the requirements of the Development of Regional Impact ( DRI ) . ~ This parcel should also be researched and included in the requirements of the original 40 acre Sand Pine Scrub Preserve Management Plan, Ecological Report. The same management practices should be followed on the new site to assure successful preservation of the land parcel. ...- ./ Kevin J ~ Hallahan .' i " , / CC File DOC QUACORPK KJH ad 1:1- ~J~ ~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of the City of Boynton Beach will conduct a Public Hearing at 8:00 P. M. or as soon thereafter as the agenda permits on Tuesday, January 5, 1988, in the Commission Chambers, City Hall, pineland Plaza, 211.south :ederal. Highway, Boynton Beach, Florida. The purpose of thlS pub11c hearl~g is for consideration of a proposed change to the Boynton Beach Par~ or Commerce Develooment Order (Ordinance No. 84-51) as amended by Ordinances NOS.-86-ll and 86-~7, and determina~ion as.to.whether or not the proposed change constltutes a substantlal dev~atlon to.th: approved development order with respect to the fo11owlng descrlbea property located within the corporate limits of sai~ City"pursuar~to the request of the parties in interest and in compllance wlth Chact2~ 380, Florida Stat~~~s. REQUEST: Quantum Park at B~!nton Beac~ Formerly Boyntor ~Rach Park of ~G~ J r coraprehensi ve DeVE, upment 0':: Rf. gional f "i??.":: LEGAL DESCRIPTION: A Tract of land lying partially in Sections IE, 17, 20 and 21, To~v.nship 45 South, Eange 43 East, Palm Beach County, Florida, said Tract being more particularly described as follows: Co~~encing at the Southwest corner of said Section 17; thence North 1044'39" 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 ~venue, as recorded in O.R. Book 1738, Paae 16e6, of the Public Records of Palm Beach County, Florida; thehce wi~~ a bearing of Nc=-::h 89~04'3211 East, along the centerline of,.N.W. 22nd Avenue, a distance of 77~.37 feet to the Point of Beginning; thence North 1044'39" East, a d~stance of 1247.06 feet to the South right- of-'Hay line of L.W.D.D. Lateral 21; thence Nort..'I1 89008149" East along the Sc~~h right-of-way line L.W.D.D. Lateral 21, as recorded in O.R. Book 1732, Page 612, of the Public Records of Palm Beach County, Flor~da, a distance of 635.93 feet to the centerline of the L.W.D.D. Equalizing Canal E-4, as recorded in O.R. Book ~732, Page 612, of the Public Records of Palm Beach County, Floridai' thence along the centerline of the above described E-4 Canal with a curve to the right having a chord bearing of North 10Q,32152" East, a radi~s of 750.00 feet, a central angle of 4004'17", and an arc leng~ c~ 53.29-feet; thence continue along the centerline of the E-4 C~=-l, "lith a bearing of North 12035'00" East, a distance of 320.69 fee~ to a point of curve; thence with a curve to the left having a rac~~s 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 fee~ to a point on the North Line of section 17; thence with a beari::; of !\orth 89016'39" East, along the North line of Section 17, a distance of 1964.50 feet; thence South 0002'11" East, a dist2.nce 0:: 2625.18 feet; thence North 89008'4911 East, a dista~ce of 358.96 feet to a point on the North right of way line of N F. 22nc Avenue as recorded in O.R. Book 1738, Page 1686 of the Public :e=ords of Palm Beach County, Florida; thence South 19027'3l" E:::.~":., a distance of 50.00 feet to the centerline of N. ~'l. 22r:::::. :? =-:ue; thence with a curve to the right having a chord beaC1T'g of ~c=th 75029'49" East, a radius of 1637.02 feet, a central angle of 90:: 58", and an arc length of 282.85 feet to a point, thence '~o=t~~ ::"2002' 41" East, a dlstance of 915.72 feet; thence Nort~ OC31'l~ East, a distance of 399.70 feet; thence North 890 12'37" Bast, .:=. distance of 413.21 feet; thence South 88022'56" East, a dlst~-ce of 1349.70 feet to a point on the West rig~ of-\, ay line ::: the Seaboard Coastline Railroad; thence South . r- ._?T. 0028' 21" Eas~ :llong the t'lest right-of-\-lay line of the Railroad, a distC1T'ce of :. -: 39.09 feet to a point on the centerline of N .t'l. 22nd ----~ Avenue, thefl__ North 88027'31" Nest, a10nq the centerline of-N.tv. 22nd Avenue ~ ~lstance of 672.97 feet; thence South 0033'53" East, a distance c~ 2306.69 feet; thence South 88045'31" East, a distance of 333 51 fee~ to a ~oint on the West right-of-way of the Seaboard Coastline Rai:=oad; thence with a bearing of South 14008'23" West, along the West right-of-way of the railroad, a distance of 1312.49 feeL; thence SGuth 0033'53" East, a distance of 26.69 feet; thence South 13015'22" West, a distance of 920.57 feet; thence North 880 50' 04" ~']est, a distar'ce of 187.60 feet; thence with a bearing of North 0049'211 W, a distance of 200.00 feet; thence North 88050104P ') .Y 1981 West, a distance of 218.00 feet; thence south 0049'21" East . ' a d1stance of 200.00 feet; thence North 88050104" west, a distance of 40.00 feet; thence South 0049121" East, a distance of 556.84 feet; thence North 88050'04" West, a distance of 3,617.26 feet to a point on the centerline of the above described centerl1ne of the E-4 Canal; thence with a bearina 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 15036144", 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 18020100", and an arc lenath of 143.99 feet; thence '-lith a bearinq of North ROOlI10" I'Jest; 2- distance of 1,255 14 feet to a point on the centerline of N.li. 22nd Av8.'f' 2; t- ~r('n "7" t:-, 1;f-2....ing of Sout~ 890 Oll,' ,,"'" Wps't / alor J ), Avenue a distan ,~:r: '1 feet y ~ Beginning. Cor~ .ni ~ ""'at::res r,io.ce 01 j.;;J J easements and ril-ts ") ~ 5 cy of record. CONTAINING: ' 591.55 AC 51.70 AC 539.85 AC GROSS LAND AREA LESS ROADWAY & CANAL RIGHTS-OF-WAY OF RECORD ~mT LAND AREA LOCATION: south of ~liner Road right-of-way extended, North of Canal C-16, between Congress Avenue and 1-95, Boynton Beach, Florida , r PROPOSED USES: Planned industrial development to include light manufacturing and research facilities, offices and ancillary commercial uses. APPLICANT Quantum Associates All interested parties are encouraged to appear in person, to be represented by an attorney or comment in writing. The application and all related documents will be available for review during normal working hours in the office of the Planning Director, Carmen Annunziato, 200 North Seacrest Boulevard, Boynton Beach. Any person who decides to appeal any decision of the City Commission with respect to the matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is based. BETTY S. BORONI, CITY CLERK CITY OF BOYNTON BEACH, FLORIDA sk PUBLISH THE POST December 21, 1987 cc City Manager City Commission City Attorney Planning Director J Costello /' r-lCJ../-)C. ~/;;()55;201 t/y STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centervlew Drive Tallahassee, Florida 32399 ,..- r- BRM-08-86 .. "":t I - ~ (904) 488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380 06 (19), FLORIDA STATUTES Subsection 380 06 (19), Florida Statutes (1985), requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning council, and the state land planning agency according to this form I, George W. Zimmerman, the undersigned owner (authorized representative) of Quantum Associates, (developer) hereby give notice of a proposed change to a previously approved Development of Regional Impact In accordance with Subsection 380 06 (19), Florida Statutes (1985) In support thereof, I submit the following information concerning the (Boynton Beach Park of Commerce) Quantum Corporate Park development, (original & current project names) which Information Is true and correct to the best of my knowledge have submitted on November 12, 1987, unoer separate cover, copies of this completed notification to Peter Cheney. City Manager. City of Boynton Beach, (local government) to the Treasure Coast Regional Planning Council, and tp ./ / / / of Community Affa~ the Bureau of Resource Management, Department -f.~ (Date) / ,. .. ~~, -<Jrl, \..... /~ '/~~ ........ ..,.. ~ " t'>'~ ~...;' -0 .~4 1. Iltl,. ~~ /jI~)" J <...-. '/" 2 Applicant (name, address, phone) Quantum Associates 2455 East Sunrise Boulevard, Suite 1106 Ft Lauderdale, Florida 33304 (305) 564-5114 3 Authorized Agent (name, address, phone) George W Zimmerman, Vice President of Development Quantum Associates 2455 East Sunrise Boulevard, Suite 1106 Ft Lauderdale, Florida 33304 (305) 564-5114 4 Project Location Boynton Beach, Palm Beach County, Florida, Sections 16, 17, 20 and 21, Township 45S, Range 43E 5 See document dated November 12, 1987. labeled Master Site Development Plan 6 Substantial Deviation Chart TYPE OF LAND USE CHANGE CATEGORY PREVIOUS D 0 CHANGE & DATE a) Recreation no change amended master plan, 10/21/86 b) Industrial only acreage & site location has changed per table 1, and drawings In Master Site Development Plan dated 11/12/87 amended master plan 10/21/86 c) Office only acreage & site location has changed per table 1, and drawings in Master Site Development Plan dated 11/12/87 amended master plan 10/21/86 d) Hotel/Motel Change in subdivision of acreage only Development potential of acreage is unchanged and in accordance with the City of Boynton Beach, P I D Ordinance amended master plan 10/21/86 e) Open Space (all natural and vegetated non-impervious surfaces) no change amended master plan 10/21/86 TYPE OF LAND USE CHANGE CATEGORY PREVIOUS D 0 CHANGE & DATE f) Preservation, Buffer or Special Protection Areas change in location only as specified in the Master Site Development Plan dated 11/12/87 amended master plan 10/21/86 7 Previous modifications to the Development Order were as follows a) Original Development Order City Ordinance #84-51, 12/4/85 b) Amended Master Plan #1 City Ordinance #86-11, 6/3/86 c) Amended Master Plan #2 City Ordinance #86-37, 10/21/86 None of these modifications were determined to be Substantial Deviations. There has been no change in local government since issuance of the Development Order that would affect the status thereof 8 The only land transaction that we have been involved with within 1/4 mile from our project boundary Is the execution of a land exchange with the City of Boynton Beach, for use as a City Park, as originally contemplated and specified in the Development Order 9 The updated Master Plan documents are included in the Master Site Development Plan Package, dated November 12, 1987, and distributed on that date 10 The precise language that Is being proposed was originally included in the submittal letter to Peter Cheney, City Manager, Boynton Beach A ccpy is attached hereto for your reference GWZ aern CC Mr Thomas K Ireland Mr Edward B Deutsch Mr Melvin Simon James Barkley, Esq Mr Steven W Deutsch Mr Peter Flotz David S Pressly, Esq Mr Carmen Annunziato Mr Michael Busha Enclosures Legal Description Letter to Peter Cheney OU. \N I U/\ 1 , PA R k. November 12, 1913"1 VIA fEOERAL EXPRCSS cc... rvt I ~ 6u.shO-- ~ 11 CCMM ftjJ I Hr Peter Cheney, City Manager City of "oynlon Beach 21 J SOIJth F ederd I U i gtlway Boynton tledch. florio3 33435 Re k,~queste(j Development Order Amenl1ments o l<1ntlllll Pdr k at Ijuynton UeLJcII Dear Mr Cheney As part of our submittal requesting approval of the Amended Haster Site Develo,.)lIient Plan. Amendment #) d:ll:ed November 12, 1987, Quantum Associates hereby requests an amerldlTlcnt to the [levellJpment OnJer, City Ordinance #84-61, piJ~sed lil~cemIH~r \8, 1'384. and AlOcndlht!lIt Hi. City Ordinance 86-11, passed June 3, 1~8(', and Amenllment #2. City Orciinance #8b-31, passed October 21, I'JHu. :.I', follows Section #3: The City Commission finds that the amendment appl fcatlon procedure and the subsequent proceedings hdve been duly conducted pursuant to the provisiol\s of Flori(jd St.:itlJt~s, Chapter 380 2 Under Section #4. Subsection I f l.\ 'ow s Paragr-,jph (E) sha 11 be added as IE) Quc..ntllm Park at Boynton Beach, An/ended t'laster Site Development Plan sulJlldlted No/c:rrdwl' 12, 1987 3 I~cfer'cnces throughout the Ilevelopment Order shall be revised to conform to tile Amended H.-J~ter ~) i t~ Deve loprnent P I an 113 as approved ~)lJLI\ revisions sheil \ tiC /Il.;.aoe in Ule interest of consistency and clarity L~l.AST~Ilr-.HISlbUIHElljU.iO . :>llItll10b . fORTIAIII'ILH()AlE flOAlDA33304 l\fll V' nl, \ ,l~l ,l.~ ~\ \4 . I'J'I t.llllACll\j'r ,H).. ,5 fir I-'t:tel- Cheney, Cuntinued tlovt:llihu 12, ) 987 rage 2 for your use in reviewing this request, attached hereto Is a copy of the prop{)~(~(j Amended Mdster Site Development Plan fifteen CIS) copies of the ~ Ian lId J(~ t)een slJbrn it le(1 to Car IHen AnnHIZ i ata for process I ng through the appropr jute City I'ev i eW5 A I ~l) i nt. I wded fur your rev i ew are I etters of trdn~lTilltal to the Deh~rtment of Cornmur ity Affairs in Tal Jahassee and the TI e<.l51J11~ Coast Rcgiundl Planning COUlll i I Very truly yours, QUANTUM AS~)Ol.1 A TES { ,I -y ....::.. ( J I L , I L t '\. II... (lL , \....- 1,- ~:. I, I \.. GEORGf W ZIMMERMAN 'J ice Pres i {J.:nt of Deve I opment (jW! dt'W cc Hr Ttlornas" I re lorld 111- [Liw."rd B OelJt sch 11r Nt.' 1 vi n 5 i mon Hr Carmen AnnunzicJto .hm C HI.lY Ie, E sq f)..h,id 5 r'ressly, lsq E(i1IuIl' .. ...., \ OVER,\LL nOU'lDl\lH LEGAL DESCRIPTION A Truct of land lying partially in Sections 16, 17, 20 and 21, Township 45 South, Range 43 Eust, Palm Oeach Count/, Florida, said Tract being more particularly described as follows Commencing at the Southwest corner of said Section 17; thence North \0\4'39" East, along the West line of Section 17, a distance of 1318.10 feet to a point in the intersection with the centerline of N W. 22nd Avenue, as recorded in o R. Book 1738, Page 1686, of the Public Records of palm Beach county, Florida~ thence with a bearing of North 89.04')2" East, alon~ the centerline of N.W. 22nd Avenue, a distance of 77B.37 feet to the Point of Beginning; thence North \044'39" 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 2\, 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 \732, 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 3023'30", 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 36B.96 feet to a point on the North right of way line oC"N.W. 22nd-Avenue~as recorded in 0 R nook 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 teet, a central angle of 9053'58", and an arc length of 282.85 feet to a coint, thence North 12.02'41" East, a distance of 91572 feet: thence North 0.31'11" East, a distJ.nce of 399 70 feet: thence North 89012'37" East, a distance of 41:' 21 feet: thence South 88022'56" East, a di~;t.:lnce of 1349.70 feet to a point on the West right of way line of the SeaDoard Coastline Railroad: thence South 0028'21" East, along the \-lest right of way line of the P'lilroad, a distance of 1309 09 feet to a point on the centerline of N W 22nd Avenue~ thence North BB027'31" \-lest, along the centerline of N W 2~nd A/~nue a distance of 672 97 feet: thence South 0033'53" East, a distance of 1306 69 feet: thence South 8B.~5'J1" 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" ~oJest, along the \oJest 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 8B050'04" \'lest, a distance of 187.60 feet, thence with a bearing of North 00.\9'21" \oJest, a distance of 200 00 feet: th~nce North 8B050'04" West, ~ distancp of 218 00 feet: thence South 0.49'21" East, a distance of 200 00 feet: th~nce North 88050'04" West, a distance of 40.00 feet: thence South 0049'21" East, a distance of 556 84 f~et: thence North 88050'04" \oJest, a distal1Le at 3617 26 feet to .1 point on the centerline of the above de.3crlbul centerline at the E-.\ C.::LI\al thenc<:! with a bearing or ncrth 5"18'14" ~esc., .J. distance of 153.13 t~et, thr'nce with a curve to the right ha'ltr\l) a r3Jiu3 at .\50 00 teet, a c~ntral angle of 150)6"14", .lnd 11\ Lir.e 10ngth o( 12') 62 feet, thence lorth 10.18'30" East, .::I dist.:lnce 1)( cH38 60 teet to.:l point ot curvp t~~nce with a curle to the l.)tt lnvi:q .) r.JcJiu::; of .ISO 00 f:c?et,.l ' centr:ll angle of 1B020'OO", lne! ~l/l at:'c lcnqth at 14399 teet: thence ",i th a bear lng of north nO () l' 30" '..~st, .) d lst3/lce or 1255 1.\ teet to 1 point on the centerllne of 'I 1 21no \vr>nue, tt)(~nce wLth a bC1rinq at SOIJ:.h 139.0.1'32" "lest, .::Ilon'1 the cl'nt'~l'line of n ','J 22nd ,\vr>nlW ~l ,jist.Jnce of 817.85 feet more or l.?ss to the POLr\t of Beqinninq Con::alning 591 55 acre~ morro or It?sS .lncl :;u!))(>ct to t".l3e'nents :md riqht~ f) t '" 1 I 0 f ::- e cor d . .- ~ j" :ll) J r- r ;: I _ D J ~ . ,~"rVI'~Ho ,(. ~.,J "'" \ . \.-' - tit, II I'- \ ..I i J ~ u~~.. l-'" i" --'.. IfeOI. T CL -I p\."V N -t lJ) o CL a er- a U1 en r j0-"1 DEVELOPMENT ORDER \.C' '> U} d86-4 0151D ORDINANCE NO 86-<87 ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, DETERMINING THAT CHANGES TO THE COMPREHENSIVE DEVELOPi1ENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO 84-51, AND AMENDED IN ORDINANCE NO 86-1l, DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380, FLORIDA STATUTES, 1986, DETERMINING THAT NO FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AND A!4END ING THE DEVELOPMENT ORDER (ORD INANCE NOS 84-51 and 86-11) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES WHEREAS, Riteco Development Corporation, a Florida corporation ("Riteco") filed with the City of Boynton Beach (the "City") an Application for Development Approval of Comprehensi ve Development of Regional Impact (the "ADA") on May 21, 1984, regarding that certain property (the "Property") described in Exhibit "A," attached hereto and made a part hereof; and , WHEREAS, the ADA was approved and the Development Order for the Property was granted December 18, 1984 pursuant to Ordinance No 84-51 (the "Development Order"); and WHEREAS, Riteco subsequently conveyed its right, title and interest in and ro the Property to Boynton Park of Commerce, Inc , a Flor~da corporation ("Boynton Park"), and, Boynton Park, in turn, subsequently conveyed its right, title, and interest in and to the Property to Quantum Associates, a Florida general partnership (the "Developer"), the current record fee simple owner of the Property; and WHEREAS, Developer filed with the City an application to amend the Development Order, which application was approved by the City in Ordinance No 86-11; and WHEREAS, the term "Development Order" includes all amendments thereto; and WHEREAS, Developer has filed with the City another application to amend the Development Order; and WHEREAS, r he C1 ty Counc i 1 of Boynton Beach, as the gove rning body having j:.Hisdicrion, is authorized and empowered to consider / apf-lications for amendments to development orders approving developments of regional impact pursuant to Chapter 380, E'lorida Statutes (1986), and WHEREAS, upon publication and furnishing of due notice, public hearings on these proceedings were held August 12, 1986, before the Planning and Zoning Board, and September 4, 1986 before the City Council of Boynton Beach; and WHEREAS, the said City Council has considered the testimony, reports and other documentary evidence submitted at said public hearings by Developer, the Boynton Beach staff, the Boynton Beach Planning and Zoning Board, and the public; and WHEREAS, said City Council has considered all of the foregoing NOW, THEREFORE, BE IT ORDAINED by the City Council of 3oynton Beach, that said City Council makes the following findings of fact Section 1 A notice of public hearing in the proceedings was duly published on April 6 t. Post, a 1986, ln The newspaper of general circulation in Boynton Beach, Florida, pursuant to Chapter 380, Florida Statutes, and proof of said publication has been duly filed in these proceedings Section 2 Developer has requested that the Development Order be amended as follows A That the name of the development oe changed to Quantum Park At Boynton Beach B That the Amended I'laster Site Development Plan ("Amended Master Site Development Plan"), attached hereto as EXhioit "3" and made a part hereof, submi tted by Applicant in its applicatlon for Amendment to the Development Order replace and supercede the Master Site Development Plan currently approved ln the Development Order C That Section 4(1) be amended by adding the following subparagraph (d) (d) Quantum Park Amended Master submitted July 7, At Site 1986 3oynton Beach Development ADA Plan D That references throughout the Development Order be revised to conform to the Amended Master Site Development Plan 0151D -2- E 'rhat references throughout the Development Order be revised, where applicable, to conform to the Memorandum from R Thomas Powers (Goodkin Research Corporation) to Ed Deutsch under date of July 3, 1986, a copy of which is attached hereto as Exhibit "Cn, and t-he Traffic Analysis Update prepared by Kimley-Horn and Associates, Inc under date of July 3, 1986, a copy of which is attached hereto as Exhibit "D" Section 3 Upon consideration of all matters described in Section 380, Florida Statutes (1986), it is hereby determined that A The amendments proposed by Developer do not unreasonably interfere with the achievement of the objectives of an adopted state land development plan applicable to the area B The amendments proposed by Developer are consistent with the local comprehensive plan and local land development regulations C The amendments proposed by Developer are consistent with the recommendations of the Treasure Coast Regional Planning Council on file in these proceedings D The amendments proposed by Developer do not constitute a substantial deviation under Chapter 380, Florida Statutes (1986) E The amendments proposed by Developer do not require further development of regional impact review Section 4 The City Council has concluded as a matter of law that- these proceedings have been duly conducted pursuant to the provisions of Chapter 380, Florida Statutes (1986), that Developer is entitled to the relief prayed and applied for, and the Development Order is hereby amended incorporating the amendments proposed by Developer as set forth in Section 2 above Section 5 Except as otherwise amended herein, the Development Order shall remain in full force and effect Section 6 A copy of this Ordinance shall be transmJ.tted by first class U S L'1ail, certified return receipt requested, to the Bureau of Land and Hater ~'1anagement, the Department of Community Affairs, Quantum Associates (the owner/developer), and the Treasure Coast Regional Planning Council Ol51D -3- Sect ion 7 Thls Ordinance shall become effect-ive immediately upon passage FIRST READING this 7r1. day of r;;,.~hpJJ-' 1986 SECOND READING and FINAL PASSAGE this c2W day of (1'lf!;;heJ'" 1986 CITY OF BOYNTON BEACH, FLORIDA ;/f;,- [ OJ /)r;I'~(c.. MKYOR ~O?/~ (t COU IL MEMBER or I ) I / <.. / / ( /' (/ / , COUNCIL / 1<.( t1EMBER r' J t, ATT~j~~0 CITY CL K EXHIBITS "A" - Legal Descrlption "B" - Amended Master Slte Development Plan "c" - Memorandum from R Thomas Powers "D" - Traffic Analysis Update 0151D -4- I. ,. E \III IHT "1'\" (J~ j' .. OVERALL Dou'1O \R[ LEG\L 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 c~rner of said Section 17, thence North 1014~39" East, along the West l1ne of Section 17, a distance of 1318.10 feet to a point in the intersection ~~th the centerline of N.W. 22nd Avenue, as recorded in o. R. Book 1738, Page -1686, of the Publ ic Records 0 f Palm Beach countJ, Florida; thence with a bearing of North 89004'32" East, along the centerline of N.N. 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 ris~t of way line of L N.D.D. Lateral 21, thence North 89008t49" 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 Pal~ 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; the~ce 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 r to a point of cu~~e; thence with a curve, to the left having a radius of -. 6500.00, a ce~~al angle of 3028'iO", and an arc length of 394.23 feet; .\~\thence North 9006130" 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 0002111" 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 ofr1.W. 22~d-Avenue$as recorded 1n O.R. Book 1738, Page 1686 of the Public Records a:: Pal"71 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 ::u::-v':! to the right having a chord bearing~'6f North 75029149" Eas~, a radius of 1637 02 feet, a central angle of 9053'58", and an arc le~gt~ of 282 85 feet to a Fo~nt; thence North 12002'41" East, a distanc~ of 915.72 feet, thence North 0031'11" East, a dista1ce of:399:10 feet; thence North 89012'37" East, a distance of 413.21 feet; ,- thence South 33:>22'56" East, a distance of 1349.70 feet to a point 0:1 the Vest righ~ oE way line of the Seaboard Coastline Railroad; thence South 0028'21" East, along t~e ~est r_ght of way line of the Railroad, a distance of 1309.09 fe':!t to a point 0' t~e centerline of N.W. 22nd Avenue, thence "ort'-i 88027'31" test, alo~g the centerline of N Ii. 22nd Avenue a dist~-'ce 0;: 672.97 feet the,ce south 0033'53" East, a distance of 1306.69 fe':!"C; thence South 88045'31" East, a distance of 333 51 feet to a point on t~e ~est right of way of the Seaboard Coastline Railroad, the n c e wit ~ a !::: ear in 9 0 f Sou t ~ 1.. 0 0 3 ' 2 3" \ Ie s t, a Ion 9 the \\ est rig h t 0 f way of the railroad, a distance of 1312.49 feet, thence Sout"1 0033'53" East, a dist2.nce of 26.69 feet, t"ence Sout~ 13015'22" hest, a distance of 9 20 . 57 fee t , t, e n c e nor t '1 8 8 0 5 0 ' 0 .;" \{ est:, a d is tan ceo f 1 87 60 fee t , thence with a bearinG of North 0049'21" ~est, a distance of 200.00 feet. - , thence Nort~ aa050'0';" West, a distance of 218 00 feet, thence South 0049'21" East, a distance of 200 00 feet, thence l-iort"1 83050'0..." hest, a distance of ~o 00 feet, t~ence Sout'-i 00~9'21" East, a dlstance of 556.84 feet, thence ort~ 88050'04 I hest, a distance of 3G17 26 feet to a pOint on the center__ne of the aboJe dcscr_~cd ccn~erline of t"1e E-4 Canal, . L' f'l ..' :::;0'3'l"T0rt "d' t ;:1-313'" the n c e w 1 t, a :J ear 1 ~ 9 0 L. 0 r L."1 ...J I. '. I - ~ ,u 1 san ceo ~ :J. J.. e ':! t , thence with a cur e to tbe rlg~t hall 1 a _ad ius ot .50 00 feet, a ccntrCll angle of 15035"1:',", Zlrd 2'1 arc lenCJth ot 1"262 feet, thence l'orth 10018'30" Ea~t, a dlsta,ce of 9J8 60 t:eet to a pOint of curve, tnencc with a curle to the left hl'll~q a c,:liu.J of ,150 00 feet, a central an(jle of 18020'00", .:lnd an 2.CC lcnt th o[ 1.1] 99 feet, thence with a bearing of llort'1 8001'30" \ ~~t, a d-St,:H1CC of 1255.1-1 feet to a point on the c~nterllnc of tl II 22na \V~nlle, thence with a bearing at South 890Qt,'32" ~'lest, along the ccntcrl~ne of Ll \'1 2::nd \'Jen~e a distance of 817.85 feet rare or less to the Point of Dcglnnlng. CO::'=-2._~5.rg 5S~.55 acres more or less lnd <"llbjCLt to C::lsc'nents and rights of ....a;" of recor::d- .: .. .;: .,. - -:- .~;~- .:..-- . ~.tr..:..;..:' ...~~.. :.~.};~~ ~~~ . .~ ~ . ......-:. ' ;. ."/~ -.. ~ r ;"":,,,: '.' ! !" ~ r ( ~~:l.";:~'.";.:... .. 1-. ......,. ---- - -~~ ..' '( :.~ 4- - . t~. ~ ,. . -. _-- :-~~;i.~-; . I-':J~.:: .\:C:-: ,.~~ , -~, 1/ .J ]c:.... " :. '. . I .~ f//r/~r~'-f ORDINANCE NO ?!tj-5/ ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT (DRI) FOR A PROPOSED INDUSTRIAL OFFICE PARK COMPRISING OF APPROXIMATELY 539 ACRES LOCATED IN THE CITY OF BOYNTON BEACH, FLORIDA, PURSUANT TO CHAPTER 380, FLORIDA STATUTES 1984, SUBJECT TO SPECIAL CONDITIONS, DESIGNATING THE CITY MANAGER OF BOYNTON BEACH AS THE LOCAL OFFICIAL RESPONSIBLE FOR ASSURING COMPLIANCE WITH THE DEVELOPMENT ORDER 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 west 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 I 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 4It the City Council of Boynton Beach; and WHEREAS, said City Council has considered the testimony, . I . 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 ~JHEREAS, the City of Boynton Beach and the applicant, Riteco (- Development Corporation, aaree that the proposed Development of P81"! ir;r'al Impact, whi ch is the subj ect of th is 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 , Ilorida pursuant to Section 380.06, Florida Statutes, and proof of said publication has <= been duly filed in these proceedings. 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 10cated 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 l/ Section 3 The City Council has concluded as a matter of law that these proceedings have been duly conducted pursuant to the provisions of Florida Statutes, Chapter 380, and, subject to the special conditions hereinafter set forth, RITECO DEVELOPMENT )~ -2- CORPORATION is entitled to the relief prayed and applied for In the ~ Application for nevelopment 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 "An 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 4[ Approval is a condition for approval unless waived or modified by aqreement among the parties, as defined in Subsection 380.07(2), 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. \~ -3- (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 c: and groundcover vegetation. Prior to commencement of any clearing activities, the developer 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. 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). ( -4- The above plan shall ~e 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 c: Freshwater Fish Commission and the D.S Fish and Wildlife Service Proper protection to the satisfaction of both agencies shall be 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 11-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 l -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 shal1 (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 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 groundcover of native species only. The edge habitat shall begin at the upland limit of any wetland or deepwater habitat and shall include a total area of at least 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 -6- shall be in such a manner that avoids seed dispersal by any of \ f 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 impervious surface, the retention requirement shall be waived and the truck well drainage system shall be designed and maintained to include oil and grease receptors and open bottom sedimentation sumps as pollution retardant 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 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. -7- ( [ ( ( ( ( l/ ( (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 orqanics, 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 spil1ed 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 impose these requirements and the ob1iqation 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 -8- f r ( ( ( ( ( - \ 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 (e) requirements for financial responsibility which will assure cleanup costs will be provided (18) All requirements for nonpotab1e 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 -9- ( [ ( ( ( ( ( ( inhibit the manaqement 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 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 generatinq such effluents. (21) To the extent feasible, the developer should incoroorate 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 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 -10- f , 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 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 riaht-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 v 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 I-95 and Northwest 22nd Avenue The developer shall pay up to $200,000.00 of the cost of these engineering/environmental ~~~- ( studies. The Feasibility/Justification Study shall commence within thirty (30) days 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 \ -11- ~ contribute $900,000 00 toward construction of the interchanqe in l/ J 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 r Boulevard and Congress Avenue and at the intersection of Northwest 22nd Avenue and Congress Avenue to provide additional capacity required if the interchange at I-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 G/ any contribution made pursuant to Condition 26 above, for right- of-way acquisition and construction of an interchange at 1-95 and ~ Northwest 22nd Avenue at such time that the funding is needed to commence with construction of the interchange. The developer shall ( also dedicate to the appropriate 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 chanqes in the cost of living by a construction cost index using 1985 as the base year ( -12- (28) The developer shall monitor project traffic generation , t annually beginning after development of one hundred thirty-two (1~2) 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 P1ann~ng 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 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 ( -13- (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. (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 certiI~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. 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. ~ -14- ~ ~ ( ( ( ( ( (a) Any Park development east of the L W D.D 2-4 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. (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 -15- Beach, the landscaping and irrigation plans for review and ~ ,,-\ 1 (i approva. (42) Any of the Park's internal rights-of-way which are public will be landscaped. The landscapinq and irrigation plans shall be submitted to the City for the City's review and aoproval, and subsequent maintenance shall be the obligation of the City. (43) The City and the Park's developer shall make respective c- good faith efforts to comply with that certain 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, tneir respective Four 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 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; -16- (f) An assessment of the development's and local r' j government's compliance with conditions of approval contained 1n \ the DRI 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 Bpynton Beach (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 Reqional Planning ( Council. Section 6 This Ordinance shall become effective immediately upon passage. ~\ FIRST READING this ~ day of December, 1984. -17- d SECOND READING and FINAL PASSAGE this If day of December, r' 1 984 \ CITY OF BOYNTON BEACH, FLORIDA ( , "i _ /' \. /L 'l./ >..->'{ ./ , ./1/'''7.n..,.......,I/ J' j/vl----;::'t -: """" - ...., MA~~ vic MAYOR / / /1 J / I) I ' / ~ t-C iL (: a.~<h::~" <{ t. 1",,- CO NCIL MEMBER ( { ATTEST c~~/~ ( 113084dt 07///994 ( ( "- -18- r~ \ ( ( ( ( ( (I , 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 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 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 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 x 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. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Boynton Beach will hold a Special Meeting and conduct a ,- Public Hearing at 7:30 P. M. on Thursday, NoveQber 8, 1984, ( in the Council Chambers, City Hall, 120 East Boynton Beach Boulevard, Boynton Beach, Florida. The pur90se of this public hearing is to consider applications and receive testimony with respect to the following described property located within the corporate limits of said City, pursuant to the request of the parties in interest and in cOffi9liance with Chapter 380, Florida Statutes. ( ( ( ( ( f ~ { , "- REQUEST: The Boynton Beach Park of Commerce a CO~WREHENSIVE DEVELOPP~NT OF REGIONAL I~WACT LEGAL DESCRIPTION: A Tract of land lying partially in Sections IE, 17, 20 and 21, Township 45 South, R.ange 43 East, Pa~ Beach County, Florida, said Tract being more particularly described as follows: Commencing at the Southwest corner of said Section 17; thence North 1044'39" 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.t'1. 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 Sou~~ right- Of-way line of L.W.D.D. Lateral 21; thence North 89008149" East along the South right-of-way line 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. Equali~ing Canal E-4, as recorded in O.R. Book l732r Page 612, of the Public Records of Palm Beach County, Florida; thenc~~long ~he centerline of the above described E-4 Canal with a ~urve 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 Ieet 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 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 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 890 12'37" 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.t-l. 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 880 50'04" West, a distance of 187.60 feet; thence with a bearing of North 0049'21' W, a distance of 200.00 feet; thence North 88050'04- r' '- ( ( ( ( ( (, ( \..- 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 3,617.26 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 1,255.14 feet.to a point on the centerline of N.W. 22nd Avenue; thence with a bearing of South 89004'32" Hest, 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. CONTAINING: 591.55 AC 51.70 AC GROSS LAND AREA LESS ROADWAY & CANAL RIGHTS-OF-WAY OF RECORD NET LAND AREA 539.85 AC LOCATION: South of ~tiner Road right-of-way extended, North of Canal C-16, between Congress Avenue and I-95, Boynton Beach, Florida - PROPOSED USES: Planned industrial development to include light manufacturing and research facilities, offices and ancillary commercial uses. APPLICANT: Riteco Corporation All interested parties are encouraged to appear in person, to be represented by an attorney or comment in writing. The Application for Development Approval and all related documents will be available for review during normal working hours in the Office of the Planning Director, Carmen Annunziato, 200 North Seacrest Boulevard, Boynton Beach. ~~y person who decides to appeal any decision of the City Council with respect to the matter considered at this meeting will need a record of the ?roceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is based. BETTY S. BORONI, CITY CLERK CITY OF BOYNTON BEACH, FLORIDA PUBLISH THE POST EXTRA September 6, 1984 cc: City Council City Attorney Recording Secretary -- - ( ~ M E M 0 RAN DUM r October 23, 1984 TO- Mr. Carmen S. Annunziato Director of Planning RE: Boynton Beach Park of Commerce ( The approval of this development as related to their lift station configuration should specify that at the time of planning the first phase east of the E-4 Canal, that the developer's engineers will present to the city,a study to show whether lift station #3 on their master plan can be deepened and/or relocated in such a manner as to eliminate lift station #2 for the nortil east section of the develop- ment. Based upon a review by the city staff and city's engineers, the design will be finalized prior to approval of the plans for lift station #3 and its gravity collection system. >i ~]ss~~ r1U4lf( Director of utilities apt <.. -- .. -- ~ ( ( I Same 201 1300 West Lantana Road Lantan,!, Florida 33462 Phone, (305) 533-0902 ( RITECO DEVELOPMENT CORPORATION October 22, 1984 ( City of Boynton Beach POBox 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 10cated in the same area This exchange would be done on a value for value basis with said values being mutually acceptable to both parties If this concept meets with your approval, we would be pleased to meet with you at your earliest possible convenience Sincerely, ( L '. I () f " 1(.. <-"'tv 1'\ d_ (.i. Wade Riley;r Vice Pres ide"nt WR/gd cc Mr. Carmen Annunziato l '? "- EXttrPIT- "C '\ 1 \ (/ ( .. F.S.1983 --- LAND AND WATER MANAGEMENT Ch. 380 380.06 Developments of regional impact.- (1) The term development of regional impact," as used in this section, means any development which, because of its character, magnitude, or loca- tion, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county (2)(a) The state land planning agency shall rec ommend to the Administration Commission specific guidelines and standards for adoption pursuant to this subsection. The Administration Commission shall by rule adopt guidelines and standards to be used in determining whether particular develop- ments shall be presumed to be of regional impact. The standards and guidelines previously adopted by the Administration Commission and approved by the Legislature shall remain in effect unless revised pur suant to this section. Revisions to the present stan- dards and guidelines, after adoption by the Adminis- tration Commission, shall be transmitted on or be- fore March 1 to the President of the Senate and the Speaker of the House of Representatives for presen 380.0552 Florida Keys Area; designation as tation at the next regular session of the Legislature. area of critical state concern.- Unless approved by joint resolution of the Legisla- (l) The Florida Keys Area, the boundaries of ture, the revisions to the present standards and which are described in chapter 22F-8, Florida Ad- guidelines shall not become effective. ministrative Code, is hereby desIgnated an area of (b) In adopting its guidelines and standards, the critical state concern effective July 1, 1979 Chapters Administration Commission shall consider and be 22F-8 through 22F 13, Florida Administrative Code, guided by' are hereby adopted and incorporated herein by refer 1. The extent to which the development would ence. There shall be appointed a resource planning create or alleviate environmental problems such as and management committee as provided in s. air or water pollution or noise. 380.045. 2. The amount of pedestrian or vehicular traffic (2) The land development regulations contained likely to be generated. in chapters 22F-9 through 22F-13, Florida Adminis- 3. The number of persons likely to be residents, trative Code, shall be the land development regula- employees, or otherwise present. tions for the applicable local government's portion of 4. The size of the site to be occupied. the area of critical state concern until either. 5. The likelihood that additional or subsidiary (a) An applicable local government complies with development will be generated. the provisions of s. 380,05(10); or 6. The extent to which the development would (b) Such regulations are repealed pursuant to create an additional demand for, or additional use of, subsection (4). energy, including the energy requirements of subsid- (3) The City of Key \\'est, as incorporated, shall iary developments. be removed from under the provisions of chapters 7 The unique qualities of particular areas of the 22F -8 and 22F -12, Florida Administrative Code, state. upon approval by the state land planning agency of (c) Any modifications to the initial guidelines and the land use element of the local government compre- standards prescribed pursuant to this subsection hensive plan pursuant to chapter 163, notwithstand shall not modify or abridge rights that have \'ested ing the I-year minimum requirement of subsection pursuant to subsection (18) or develop- (4). ment-of regional-impact status determinations ac (4) Chapters 22F-8 through 22F 13, Florida Ad qui red through executed agreements or binding let ministrative Code, shall be repealed by the commis- ters issued pursuant to this section, upon which the sion no earlier than July 1 1980 and no later than developer has relied and upon the basis of which he July 1, 1982. Upon recommendatIOn by the state land has changed his position prior to the effective date of planning agency to the commission. any repeal of such rules. such rules pursuant to this subsectIOn may be effec (3) Each regional planning agency may recom- tive only for one local government s portion of the mend to the state land planning agency from time to Florida Keys Area. Such repeal shall be contingent time modifications to guidelines and standards 563 scribed in chapter 22F -5, Florida Administrative Code, shall be modified pursuant to s. 380.05(12) There shall be appointed a resource planning and management committee as provided in s, 380.045. (2) The land development regulations contained in chapters 22F-6 and 22F 7, Florida Administrative Code, shall be the land development regulations for the applicable local gO\'ernment's portion of the area of critical state concern until either' (a) An applicable local government complies with the provisions of s. 380.05(10)' or (b) Such regulations are repealed pursuant to subsection (3). (3) Chapters 22F 5 22F-6, and 22F 7, Florida Administrative Code, shall be repealed by the com- mission no earlier than July 1, 1980, and no later than July 1,1982. Lpon recommendation by the state land planning agency to the commission, any repeal of such rules pursuant to this subsection may be ef- fective only for one local government's portion of the Green Swamp Area. Such repeal shall be contingent upon approval by the state land planning agency of local land development regulations pursuant to s. 380.05(6) or (10), upon such regulations being effec- tive for a period of 12 months, and upon adoption or modification by the applicable local government of a local government comprehensive plan pursuant to s. 380.05(14). Bistor,.,.-s. 5. ch. i9-i3. ( l upon approval by the state land planning agency of local land development regulations pursuant to s. 380.05(6) or (10), upon such regulations being effee tive for a period of 12 months, and upon adoption or modification by the applicable local government of a local government comprehensive plan pursuant to s. 380.05(14). Hislory.-s, 6, ch, 79-73, Ch.380 -- LAND AND WATER MANAGEMENT F.S.1983 adopted under subsection (2). Each regional planning agency shall solicit from the local governments within its jurisdiction suggestions regarding modifications to be recommended. (4)(a) If any developer is in doubt whether his proposed development would be a development of re- gional impact, whether his rights have vested pursu- ant to subsection (18), or whether a proposed sub- stantial change to a development of regional impact concerning which rights had previously vested pursu ant to subsection (18) would divest such rights, he may request a determination from the state land planning agency Requests for a binding letter of in- terpretation shall be in writing and in such form and content as prescribed by the state land planning agency Within 15 days of receiving an application for a binding letter of interpretation or a supplement to a pending application, the state land planning agency shall determine and notify the applicant whether the information in the application is sufficient to enable the agency to issue a binding letter or shall request any additional information needed. The applicant shall either provide the additional information re- quested or shall notify the state land planning agency in writing that the information will not be supplied and the reasons therefor. If the applicant does not re- spond to the request for additional information with in 120 days, the application for a binding letter of in- terpretation shall be deemed to be withdrawn. With- in 30 days of acknowledging receipt of a sufficient ap- plication, or of receiving notification that the infor- mation will not be supplied, the state land planning agency shall issue a binding letter of interpretation with respect to the proposed development. A binding letter of interpretation issued by the state land plan ning agency shall bind all state, regional, and local agencies, as well as the developer (b) In determining whether a proposed substan- tial change to a development of regional impact con cerning which rights had previously vested pursuant to subsection (I8) would divest such rights, the state land planning agency shall review the proposed change within the context of: 1. Criteria specified in paragraph (17)(b); 2. Its conformance with any adopted state com prehensive plan and any rules of the state land plan ning agency; 3. All rights and obligations arising out of the vested status of such development; 4. Permit conditions or requirements imposed by the Department of Environmental Regulation, the Department of Natural Resources, or any water man- agement dif;trict created by s. 373.069 or any of their successor agencies or by any appropriate federal reg- ulatorv agency; and 5 Any regional impacts arising from the pro- posed change. (c) If a proposed substantial change to a develop- ment of regional impact concerning which rights had previously vested pursuant to subsection (18) would result in reduced regional impacts, the change shall not divest rights to complete the development pursu ant to subsection (18) (5) A developer may undertake a development of regional Impact if: (a) The land on which the development is pro- posed is within the jurisdiction of a local government that has adopted subdJ\rision regulations or a zoning ordinance under chapter 163 or under appropriate special or local laws or ordinances and the develop- ment has been approved under the requirements of this section, (b) The land on which the development is pro- posed is within an area of critical state concern and the development has been approved under the re- quirements of s. 380.05; or (c) The developer has given written notice to the state land planning agency and to any local govern- ment having jurisdiction to adopt zoning or subdivi- sion regulations for the area in which the develop- ment is proposed and, after 90 da~ have passed, no zoning or subdi..;sion reiUIations aye been adopted or designation of area of critical state concern issued. (6) If the development of regional impact is to be located within the jurisdiction of a local government that has adopted a zoning ordinance or subdivision regulations, the developer shall file an application for development approval with the appropriate local government having jurisdiction. The application shall contain, in addition to such other matters as may be required, a statement that the developer pro- poses to undertake a development of regional impact as defined under this section. (7)(a) Before filing an application for develop- ment approval, the developer shall contact the re- gional planning agency with jurisdiction over the pro- posed development to arrange a preapplication con ference. Upon the request of the developer or the re- gional planning agency other affected state and re- gional agencies shall participate in this conference and shall identify the types of permits issued by the agencies, the level of information required, and the permit issuance procedures as applied to the pro- posed development. The regional planning agency shall provide the developer information about the de- velopment-of-regional-impact process and the use of preapplication conferences to identify issues, coordi- nate appropriate state and local agency require- ments, and otherwise promote a proper and efficient review of the proposed development. (b) The regional planning agency shall establish by rule a procedure by which a developer may enter into binding \\7itten agreements with the regional planning agency to eliminate questions from the ap- plication for development approval when those ques- tions are found to be unnecessary for develop- ment-of-regional-impact review It is the legislative intent of this subsection to encourage reduction of paperwork, to discourage unnecessary gathermg of data, and to encourage the coordination of the devel- opment-of regional impact review process with fed eral, state, and local environmental reviews when such reviews are required by law (8) An optIOnal coordinated review process is es- tablished consisting of the following: (a) As part of the preapplication conference, the developer may in addition to regular develop- ment-of regional-impact review elect to proceed in a coordinated re..;ew process with other affected state or regional licensing agencies. The developer may se- 564 (') ( '- l " . LAND AND WATER MANAGEMENT Ch.380 F.S. 1983 lect the state or regional agencies which will partici- pate in this coordinated review process. (b) The developer may request a binding agree- ment from an agency on any of the following: 1. The identifiable areas of agency jurisdiction over the proposed development. 2. The identifiable agency rules, subject to changes imposed by law, applicable to the proposed development. 3. The types and categories of information which may be required at the time of license or permit ap- plication for the proposed development. 4. Any other appropriate agreement pursuant to appropriate state or federal law or regulation. Any agreements entered into under this paragraph are subject to the provisions of chapter 120 and are not subject to paragraph (14)(a) Every agreement entered into pursuant to this paragraph shall be binding upon the developer and the agency, unless the agency determines that the information upon which the agreement was based was inaccurate, that conditions have changed substantially, or that a mod ification has been proposed which materially changes the circumstances of the proposed development. The developer shall notify the agency of any such modifi- cation. The binding agreement shall be valid for a pe- riod of 5 years after issuance. (c) The developer may request that agencies, for nonbinding information purposes only, identify is- sues or problems which could later constitute grounds for permit denial or major modifications of the proposed agreement. (d) The regional planning agency shall notify all affected agencies and coordinate this review process. To further effectuate this review process, the regional planning agency may encourage additional preappli- cation conferences, the development of per- mit-processing schedules with other agencies, concur- rent processing of applications, and the use of the de- velopment-of regional impact application for devel- opment approval as a substitute for permit-data re- quirements or plans when appropriate. (e) The developer must submit copies of the ap- plication for development approval to all state or re- gional agencies which are to participate in this coor- dinated review process, (9)(a) When an application for development ap- proval is filed with a local government, the developer shall also send copies of the application to the appro- priate regional planning agency and the state land planning agency (b) If'a regional planning agency determines that the application for development approval is insuffi cient for the agency to discharge its responsibilities under subsection (11), it shall provide in writing to the appropriate local government and the applicant a statement of any additional information desired within 30 days of the receipt of the application by the regional planning agency The applicant may supply the information requested by the regional planning agency and shall communicate its intention to do so in writing to the appropriate local government and the regional planning agency withm 5 working days of the receipt of the statement requesting such infor mation, or the applicant shall notify the appropriate local government and the regional planning agency in writing that the requested information will not be supplied. Within 30 days after receipt of such addi- tional information, the regional planning agency shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by, or directly related to, such additional information. If an applicant does not provide the information requested by a regional plan- ning agency within 120 days of its request, or within a time agreed upon by the applicant and the regional planning agency, the application shall be considered withdrawn. (c) The regional planning agency shall notify the local government that a public hearing date may be set when the regional planning agency determines that the application is sufficient or when it receives notification from the developer that the additional requested information will not be supplied, as pro- vided for in paragraph (b). (10) Upon receipt of the sufficiency notification from the regional planning agency required by para graph (9)(c), the appropriate local government shall give notice and hold a public hearing on the applica- tion in the same manner as for a rezoning as provided under the appropriate special or local law or ordi "1 nance, except that such hearing proceedings shall be recorded by tape or a certified court reporter and made available for transcription at the expense ~ any interested party When a development of region- al impact is proposed within the jurisdiction of more than one local government, the local governments, at the request of the developer, may hold a joint public hearing. The local government shall comply with the following additional requirements: (a) The notice of public hearing shall state that the proposed development would be a development - of regional impact. (b) The notice shall be published at least 60 days in advance of the hearing and shall specify where the information and reports on the development of re- gional impact application may be reviewed. (c) The notice shall be given to the state land planning agency, to the applicable regional planning agency, to any state or region~l permitting agency participating in a coordinated review process under subsection (8), and to such other persons as may have been designated by the state land planning agency as entitled to receive such notices. (d) A public hearing date shall be set by the ap- propriate local government at the next scheduled meeting. (l1)(a) Within 50 days after receipt of the notice of public hearing required in paragraph (10)(c), the regional planning agency, if one has been designated for the area including the local government, shall pre- pare and submit to the local government a report and recommendations on the regional impact of the pro- posed development. In preparing its report and rec ommendations, the regional planning agency shall identify regional issues based upon the following re- view criteria and make recommendations to the local government on these regional issues, specifically con- sidering whether, and the extent to which: 1. The development will have a favorable or unfa 565 --- - Ch. 380 LAND AND WATER MANAGEMENT F.S.1983 vorable impact on the environment and natural re- sources of the region, 2. The development will have a favorable or unfa- vorable impact on the economy of the region. 3. The development will efficiently use or unduly burden water, sewer, solid waste disposal, or other necessary public facilities. 4. The development will efficiently use or unduly burden public transportation facilities. 5. The development will favorably or adversely affect the ability of people to find adequate housing reasonably accessible to their places of employment. 6. The development complies with such other criteria for determining regional impact as the re- gional planning agency deems appropriate, including, but not limited to, the extent to which the develop- ment would create an additional demand for, or addi- tional use of, energy, provided such criteria and relat- ed policies have been adopted by the regional plan- ning agency pursuant to s. 120.54. Regional planning agencies may also review and comment upon issues which affect only the local governmental entity with jurisdiction pursuant to this section; however, such issues shall not be grounds for or be included as is- sues in a regional planning agency appeal of a devel- opment order under s. 380.07 (b) At the request of the regional planning agen- cy, other appropriate agencies shall review the pro- posed development and shall prepare reports and recommendations on issues that are clearly within the jurisdiction of those agencies. Such agency re- ports shall become part of the regional planning agency report; however, the regional planning agency may attach dissenting views. When water manage- ment district and Department of Environmental Regulation permits have been issued, the regional planning council may comment on the regional impli- cations of the permits, but may not offer conflicting recommendations. (c) The regional planning agency shall afford the developer or any substantially affected party reason- able opportun.ity to present evidence to the regional planmng agency head relating to the proposed re- gional agency report and recommendations. (12) If the development is in an area of critical state concern, the local government shall approve it only if it complies with the land development regula tions therefor under s. 380.05. (13) If the development is not located in an area of critical state concern, in considering whether the development shall be approved, denied, or approved subject to conditions, restrictions, or limitations, the local government shall consider whether and the ex tent to which: (a) The development unreasonably interferes with the achievement of the objectives of an adopted state bnd development plan applicable to the area; (b) The development is consistent With the local land development regulations; and (c) The development is consistent with the report and recommendations of the regional planning agen- cy submitted pursuant to subsection (11) (14)(a) The appropriate local government shall render a decision on the application within 30 days after the hearing unless an extension is requested by the developer (b) When possible, local governments shall issue development orders concurrently with any other local permits or development approvals that may be appli- cable to the proposed development. (c) The development order shall include findings of fact and conclusions of law consistent with subsec tions (12) and (13) The development order- 1. Shall specify the monitoring procedures and the local official responsible for assuring compliance by the development with the development order 2. May establish expiration dates for the develop- ment order including a deadline for commencing physical development, for compliance with condi- tions of approval or phasing requirements, and for the termination of the order 3. Shall specify the requirements for the annual report designated under subsection (16), including the date of submission, parties to whom the report is submitted, and contents of the report, based upon the rules adopted by the state land planning agency Such rules shall specify the scope of any additional local requirements that may be necessary for the re- port. 4. May specify the types of changes to the devel opment which shall require submission for a substan- tial deviation determination under paragraph (17)(a) 5. Shall include a legal description of the proper ty (d) Notice of the adoption of a development or- der or the subsequent modification of an adopted de- velopment order shall be recorded by the developer, in accordance with s. 28.222, with the clerk of the cir cuit court for each county in which the development is located. The notice shall include a legal description of the property covered by the order and shall state which unit of local government adopted the develop- ment order, the date of adoption, the date of adop- tion of any modifications to the development order the location where the adopted order with any modi fications may be examined, and that the develop- ment order constitutes a land development regula tion applicable to the property The recording of this notice shall not constitute a lien, cloud, or encum- brance on real property, nor actual nor constructIVe notice of any of the same. This paragraph shall only apply to developments initially approved under this section after July I, 1980. (e) If the property is annexed by another local ju- risdiction, the annexing jurisdiction shall adopt a new development order that incorporates all previous rights and obligations specified in the prior develop- ment order (15) The local government Issuing the develop- ment order is primarily responsible for monitoring the development and enforcing the provisions of the development order Local governments shall not is- sue any permits or approvals or provide any exten- sions of services if the developer fails to act in sub- stantial compliance with the development order (16) The developer shall submit an annual report on the development of regional impact to the local government, the regional planning agency, the state land planning agency, and all affected permit agen des, on the date specified in the development order If the annual report is not received, the regional plan ning agency or the state land planning agency shall 566 () ( ( c -- F.S.1983 ~ LAND AND WATER MANAGEMENT Ch.380 notify the local government. If the local government me nt-of regional-impact review pursuant to this sec- does not receive the annual report or receives notifi- tion. The appropriate local government shall afford a cation that the regional planning agency or the state reasonable opportunity for a developer or other sub- land planning agency has not received the report, the stantially affected party to present evidence to sup- local government shall request in writing that the de- port or rebut such presumptions. veloper submit the report within 30 days. Failure to (18) Nothing in this section shall limit or modify submit the report after 30 days shall result in the the rights of any person to complete any develop- temporary suspension of the development order by ment that has been authorized by registration of a the local government. subdivision pursuant to chapter 478, by recordation (17)(a) A developer shall submit proposed pursuant to local subdivision plat law, or by a build- changes to a development of regional impact previ- ing permit or other authorization to commence devel- ously approved pursuant to this section to the local opment on which there has been reliance and a government for a substantial deviation determina- change of position, and which registration or recorda- tion. The local government shall review the proposed tion was accomplished, or which permit or authoriza- changes pursuant to the criteria enumerated in this tion was issued, prior to the effective date of the rules subsection and shall make a substantial deviation de- issued by the Administration Commission pursuant termination. The local government shall, at the con- to subsection (2) If a developer has, by his actions in elusion of local review modify the development order reliance on prior regulations, obtained vested or oth- to reflect approved changes to the development and er legal rights that in law would have prevented a 10- shall notify the regional planning agency and the cal government from changing those regulations in a state land planning agency of the changes to the de- way adverse to his interests, nothing in this chapter velopment order, with the findings subject to the ap- authorizes any governmental agency to abridge those peal provisions of s. 380.07 If the proposed changes rights. are found to be a substantial deviatIon, the develop- (a) For the purpose of determining the vesting of ment shall be subject to further review pursuant to rights under this subsection, approval pursuant to 10- this section. Nothing in this section precludes the cal subdivision plat law ordinances, or regulations of right of the local government or of the state land a subdiVision plat by formal vote of a county or mu- planning agency to injuncth'e relief under s. 380.11. nicipal governmental body having jurisdiction after As used in this section, "substantial deviation" means August 1, 1967, and prior to July 1, 1973, shall be suf- any change to the previously approved development ficient to vest all property rights for the purposes of of regional impact which creates a reasonable likeJi this subsection, and no action in reliance on, or hood of additional adverse regional impact, or any change of position concerning, such local governmen- other regional impact created by the change not pre- tal approval shall be required for vesting to take viously reviewed by the regional planning agency place. (b) In determining whether a development of re- (b) For the purpose of this act, the conveyance of, gional impact previously approved pursuant to this or the agreement to convey, property to the county, section is subject to further review pursuant to this state, or local government as a prerequisite to zoning section, the local government shall consider the fol- change approval shall be construed as an act of reli- lowing changes which shall be presumed not to be ance to vest rights as determined under this subsec substantial deviations requiring further review' tion, provided such zoning change is actually granted 1. An increase in the number of dwelling units of by such government. not more than 5 percent or 200 dwelling units, which- (19) The state land planning agency shall print ever is less. biweekly, and mail to any person upon payment of a 2. A decrease in the number of dwelling units reasonable charge to cover costs of preparation and which does not require a major redistribution of den- mailing, a list of all notices of applications for devel- sity opments of regional impact that have been filed with 3. A decrease in the area set aSIde for common the state land planning agency open space of not more than 5 percent or 50 acres, (20)(a) If a development project includes two or whichever is less. more developments of regional impact, a developer 4. An increase in the area set aside for common may file a comprehensive develop open space. ment-of regional-impact application. 5. An increase in the floor area proposed for non- (b) If a proposed development is planned for de- residential use of not more than 5 percent or 10,000 velopment over an extended period of time, the de- square feet, whichen.r is less. veloper may file an application for master develop- 6. A decrease in the regional impact of the devel ment approval of the project and agree to present opment. subsequent increments of the development for pre- 7 A change required by permit conditions or re- construction review This agreement shall be entered quirements imposed by the Department of Em'iron into by the developer, the regional planning agency, mental Regulation, the Department of Natural Re- and the appropriate local government having juris- sources, or any water management distflct created by diction. The provisions of subsection (8) do not apply s. 373,069 or any of their successor agencies or by any to this subsection. appropriate federal regulatory agency 1. Prior to adoption of the master plan develop- (c) Unless the presumptions set forth in para- ment order, the developer, the landowner, the appro- graph (b) are rebuttt-d b) clear and convincing evi- priate regional planning agency, and the local govern deuce offered by the mm'ing party the development ment having jurisdiction shall review the draft of the shall not be subject to further develop development order to ensure that anticipated region 567