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AGENDA DOCUMENTS NOT ICE The following proposed ordinance which is published by caption only was read at the regular meeting of the City Council of the City of Boynton Beach, Florida, on the 20th day of May 1986 and shall be presented for proposed enactment by the City Council in the Council Chambers at the City Hall, 120 East Boynton Beach Boulevard, Boynton Beach, Florida on the 3rd day of June 1986 at 7:30 P.M. PROPOSED ORDINANCE NO. 86-11 ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, DETERMINING THAT CHANGES TO THE COMPREHENSIVE DEVELOPl-1ENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO 84-51 DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380, FLORIDA STATUTES, 1985, DETERMINING THAT NO FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NEC~SSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AND AMENDING THE DEVELOPMENT ORDER (ORDINANCE NO 84-51) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES Interested parties may appear at said meeting and be heard with respect to the proposed ordinance(s). Su~ject ordinance(s) may be inspected by the public at the office of the city Clerk at said city Hall Pursuant to F S 286.0105, please be advised that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he will need a record of these proceedings, and for this purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based CITY OF BOYNTON BEACH BETTY S BORONI CITY CLERK PUBLISH NEWS JOURNAL MAY 22, 1986 cc Mayor & Council City Hanager City Attorney Planning Director /~, / I ~ "" ---' ./- ,~ J' ,~ J I J \Y\~ va ~ IJ-, r" ". ,.,. .. I .. ORDINANCE NO 86- /1 ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, DETERMINING THAT CHANGES TO THE COMPREHENSIVE DEVELOP~1ENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO. 84-51 DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380, FLORIDA STATUTES, 1985, DETERMINING THAT NO FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AND AMENDING THE DEVELOPMENT ORDER (ORDINANCE NO 84-5l) 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 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, rnc , a Florida corporation ("Boynton Park"), and, Boynton Park, in turn, subsequently conveyed its right, title, and interest in and to the Property to Quantum Associ ates, a Florida general partnership (the "Developer"), the current record fee simple owner of the Property; and WHEREAS, Developer has filed with the City an application to amend the Development Order; and HHEREAS, the Ci ty Counci 1 01 Boynton Beach, as the governi ng body having jurisdiction, is authorized and ernpo\vered to consider applications for amendments to development orders approving developnents of regional i""pact pursuant to Chapter 380, Florida Statutes (1985); and WHEREAS, upon publication and furnishing of ~ue notice, public hearings on these proceedings were held April 8, 1986, before the EXH/~/r N,4 " / I ... " Planning and Zoning Board, and l\pril 22, 1986, before the city Council of Boynton Beach and .t1 WHEREAS, the said City Council has considered the testimony, repo rt sand ot her oocumen t ary ev i dence subm it ted at sai d publ i c ~~ hearings by Developer, the Treasure Coast Regional planning Council, 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 Boynton Beach, that said City Council makes the following findings of fact. Section 1 A notice of public hearing in the proceedings was duly publ i shed on l,pril ~, 1986, in THE POST , a newspaper of general circulation in Boynton Beach, Florida, pursuant to Ch apt e r 3 8 0 , F lor i d a S tat ute s , and proof 0 f sa i d pub 1 i cat ion 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 originally approved in the Develop~ent Order B That Section 4(1) be amended by adding the following subparagraph (c) (c) Boynton Beach Park of Commerce ADA, A~ended r-la ste r Site Deve 10pmen t plan submi t ted J anu ary 21, 1986 C That references throuqhout the Develop~ent O~der be revised to conform to the Amended Master site Deve1op~ent Plan D That references throughout the Developnent O~der be revised, Hhere applIcable, to conforn to the representa:lons set forth in that certain letter (t e "Letter") fron George W Zim~erman to Cari1en AnnunzIato under d.Jte of Febrl1,Jry :::3, 1986, attached hereto as E,hlbit "en Clnd nade .J part hereof ~ 015lD -2- / I .. \. Section 3 Upon consideration of all matters described in ". Section 380, Florida Statutes (1985), it is hereby determined that A The amendments proposed by Developer do not unreasonably inter fere wi th the ach i evement of the obj ect i ve s 0 f an adopted .". state land development plan applicable to the area B The amendments proposed by Developer are consi stent wi th the local comprehensive plan and local land development regulations C The amendment s propo sed by Deve loper are con si stent wi th the recommendations of the Treasure Coast Regional Planning Council on file in these proceedings D The amendments proposed by Developer do not consti tute a substantial deviation under Chapter 380, Florida Statutes (1985) 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 (1985), that Developer is entitled to the relief prayed and applied for, and the Development Or der is he reby amended i nco rpo r at i ng the amendment s propo sed by Deve lope r as se t fo r th inSect i on 2 above, sub j ect to the following special conditions with which Applicant accepts and agree s to comply (1) Those conditions set forth in the Develop~ent Orcer ( 2 ) T hat a n add end u m be add e d tot h e i.1 a nag e r.1 e n t PIa n for the Sand Pine Scrub Preserve, containing the following informatIon (a) Conceptual plans depicting the extent and location of any boardwal~(s) proposed in the Sand pine Scrub Preserve area, i n c 1 u din gad e s c rip t ion 0 f h 0 '.... t r e boa r d ,oJ a 1 k ( s ) 110 U 1 d be n a nag e d for educational purposes and naintained (b) A speci::ic stater.,ent as to .lho oc._c:Je r<2s;:onsible for the managenent of the Sund pine Scrub ?r'::~""r n .::nc for the costs of such nanaaenent (c) Identify \-lhere the required fortJ ( 0) acres of sand pIne scrub canopy, undcrstorf<:rl1t grounccover legetatIon (as set 0151D -]- ", /1 . ... \ forth in Condition No 6 of the Development Order) will occur, as well as a statement as to how these acres will be maintained based .to upon the location and distribution thereof (3) That the Developer comply wi th the representations set .-- forth in the Letter (described in Section 2 D. 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 transnitted by first class U S Mail, certified return receipt requested, to the Bureau of Land and ~iater Management, the Department of Communi ty Affairs, Quantum Associ ates (the owner/developer), and the Treasure coast Regional planning Council Section 7. Thi s Ordi nance shall become effecti ve imnedi ately upon passage. FIRST READING this ~ day of May, 1986 SECOND READING and FINAL PASSAGE this 3rd day of June, 1986 CITY OF BOYNTON BEACH, FLORIDA J/;..c t (,2<0 tide4--e;. t-l R C{{,J~~rYvyvu>'l~J v~~ COli lC I L !1E!B2R /' .~~~ eJL.- OJ/elL E ar:? f Ij .. I Y -/'7. / (j __ L(,t /I J ~' (<-<-{it COUllCIL HEnB R (- ~~ CITY .....RK EXHIBITS "A" - Legal DeSC:.8Clon "B" - Anendec aster Site Develop~ent Pl~n "C" - Letter 0151D -~- ) I . .. ,. .. EXHIBIT "A" OVERALL BOUNDARY ... : LEGAL DESCRIPTION ~- A Tract of land lying partially in Sections 16, 17, 20 and 21, TOWr:ship 45 South,.Range 43 East, Palm Beach County, Florida, said Tract-beIng more part~cularly 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 ~686, 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 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 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 9f" North 12035100" East, a distance of 320.69 feet - to a point of c~~e; thence with a curve, to the left having a radius of - -6500.00, a ce~tral angle of 3028130", 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 89016139" 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 89008149" East, a distar.ce of 368.96 feet to a point on the North right of way line of~.w. 22r.d-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.~~. 22nd Avenue: thence with a ~u=v~ to the right having a chord bearin~r6f North 75029149" East, a radius of 1637.02 feet, a central angle of 9053'58", and an arc le~gt~ of 282.85 feet to a point, thence North 12002141" East, a distance of 915.72 feet: thence North 0031'11" East, a distance. 6f:399.-7.0 feet; thence North 89012'37" East, a distance of 413.21 feet; ..if;:':.-;'; ., thence South 58'"22'56" 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 ~~orth 88027' 31" ~'lest, along the cen terl ine of N.H. 22nd Avenue a dista'"1ce 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 t,e 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 0033153" 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 d1stance of 218.00 feet; thence South 0049'21" East, a distance of 20000 feet; thence North 88050'04" ~';est, a distance of 40.00 feet, thence South 0049121" Ellst, a distance of 556.84 feet: thence horth 88050'04" \-lest, a distance of 3617 26 feet to a point on the centerline of the above described ccnter11ne of the E-4 Canal thence with a bearing of North 5018'14" f,est, a dist~ncc of 153.13 f~et, 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 dist;:mce of 98860 fcet to II pOInt of curve, tnencc with a curve to the lcft haVIng a rZldius of 450 00 feet, a cen~ral angle of 18020'00", and an arc length of 143 99 feet, thence with a bea.rl.ng of North 8001'30" ~lest, a distance of 1255.14 feet to a point on the centerline of N W 22nd Av~nue, thcnce with a bearing of South 89C>0~'32" Vlest, along the ccnterll.ne of N \1 22nd Avenue a .-:;:",~ distance of 817.85 feet more or less to the POInt of BegInning. '{if: CO::'.:..a~ ~.~.r g 5 S ~ ~ 5 5 acres more or less Zlnd subj ect to eascmen ts and rig h ts ~!'~. of ....'a:/ of 're:cor::d. .: ..:'-:":~;1.\::.: _ - . ,-:-'P.::- - ;,.:. - -- ,. .\~,"2 ~r..:". -: ....::-"" _ .. ,''':.Y. ".....=:/!t. .t= .1-":. ~....;:.: .fI.o.. ,. .-..~..::,.. ~~~ ......" . ..."t... I ~};. .~,,~ .r '.1 . .> )-".~... NOTICE OF PUBLIC HEARING /J~-::: -:"'"'\ --. ~.,-..,~-- T~~lt \~lt j .. "1\ :::l ) .~~~ NOTICE IS HEREBY GIVEN that the City Council of the city of'~ Boynton Beach will hold a Special Meeting and conduct a Public I Hearing at 7:30 P. M. on Tuesday, April 22, 1986, in the Council Chambers, City Hall, 120 East Boynton Beach Boulevar9~B~~nton Beach, Florida. The purpose of this public hearing is for con- sideration of a proposed change to the Boynton Beach Park of Commerce Development Order (Ordinance No. 84-51) and determination as to whether or not the proposed change constitutes a substantial deviation to the approved development order with respect to the following described property located within the corporate limits of said City, pursuant to the request of the pg~ties in interest and in co~pliance with Chapter 380, FlorLda Statutes -- REQUEST: 3oynton Beach Park of Commerce Comprehen&ive Development of Regional Impact LEGAL DESC?IPTION A Tract of land lying partially in Sections IE, 17, LO and 21, Township ~S South, Range 43 East, Palm Beach County, Florida, said Tract being more particularly described as follows .--_. Comro.encing at the Southwest corner of said Section 17, thence ~orth 104~'39" East# along the West l~ne of Section 17, a distance of 1318.10 feet to a point in the intersection with the centerline of N.W. 22~ Avenue, as recorded in O.R. Book 1738, Paae 1626, of ~he Public Records of Palm Beach County, Florida; thence with a bearing of ~orth 89004'32" East, along the centerlin~-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 Li..ue L tV'. D. D. Lateral. 21, as recorded in O.R Bock 1732, Page 612, of the Public Records of Palm Beach County, Flcrlda, 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 1732, Page 612, of the Public Records of Palm Beach County, Florida, thence alo~g the centerline of the above described E-4 Canal with a curve to ~he 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, \vith 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 r2~ius 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 the North Line of Section 17; thence with a bear~-:g 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 8= 2625.18 feet; thence North 89008'49" East, a dlstance of 368 96 feet to a point on the North right of way line of N.W 22~c Avenue as recorded in 0 R Book 1738, Page 1686 of the Public ?ecords of Palm Beach County, Florida, thence South 19027'31" East, a distance of 50 00 feet to the centerllne of N W. 22nd ~venue; thence with a curve to the right having a chord bearinq c~ ~orth 75029'49" East, a radius of 1637 02 feet, a central angle of S=S3'58", and an arc length of 282 85 feet to a point, thence :',o:--th 12002'41" East, a distance of 915 72 feet, thence North 0031'11" East, a distance of 399 70 feet, thence North 890 12137" E23~, a distance of 413.21 feet, thence South 88022'56" East, a c_stance of 1349 70 feet to a point on the West right- of-way l~~e of the Seaboard Coastline Railroad, thence South 0028'21" ~ast along the West right-of-way line of the Railroad, a distance cf 1309.09 feet to a point on the centerl~ne of N t\ 22nd ."'-venue, thence North 8 8 0 27' 31" ~.vest, alonq the centerline of N l-l 22nd AVen\.l2 a distance of 672 97 feet; thence South 0033'53" East, a dlstance 0:: 1306 69 feet, thence South 88045'31" East, a dlstance of 333 51 feet to a pOlnt on the West right-of-way of the Seaboard Coastlu'2 ?culroad, thence with a bearing of South 14008'23" \'!est, along tbe ~est right-af-way of the rallroad, a distance of 1312 49 feet, thence South 0033'53" East, a dlstance of 26 69 feet, thence South 13015'22" West, a dlstance of 920 57 feet, thence Nort~ 880 50'04" Hest, a distance of 187 60 feet, thence with a bearlna of r.orth 0049'21' ~l, a distance af 200 00 feet, thence North 88050'04" tance of 218 00 feet, thence South 0049'21" East, 2 of 200.00 feet, thence North 88050'04" \Vest, a _e of 40.00 feet, thence South 0049'21" East, a dlstance .....b 84 feet; thence North 88050'04" \'1est, a distance of 3,617 26 feet to a point on the centerline of the above described centerline of the E-4 Canal, thence wlth a bearir.a of North 5018' 14" \'Jest, a distance of 153 13 feet, thence ,.;i th - a curve to the right having a radius of 450.00 feet, a central angle of 15036'44", and an arc lenqth of 122 62 feet, thence North 10018'30" East, a distance of 988 60 feet to a pOlnt_of curve, thence with a curve to the left having a radius of 450.00 fee~, a central angle of 18020'00.r, and an arc length of 1~3.99 feet; thence with a bearing of-North 8001'30" ~';est, a distance of 1,255.14 feet to a point on the centerline of K \'1. 22nd Avent.e; thence with a bearing of South 89004' 32" vJest, along the centerline of N.W 22nd Avenue a distance of 817.~5 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 539.85 fie GROSS LAND AREA LESS ROADWAY & CANAL RIGHTS-OF-WAY OF RECORD :NET LAI\jD AREA LOCATION: South of ~liner Road right-of-way extended, North of Canai C-16, between Congress Avenue and I-95, Boy~ton Beach, Florida PROPOSED USES: Planned industrial development to include light manufacturing and research facilities, offices and ancillary commercial uses. APPLICAN~: Deutsch/Ireland properties All interested parties are encouraged to appear in person, to be represented by an attorney or comment in writing. The applicat_on and all related documents will be available for review d~ing normal worklng 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 Council with respect to the matter con- sidered 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 aa PUBLISH: THE POST EXTRA April 6, 1986 DEVELOPMENT ORDER (ORDINANCE NO 84-51) EXHIBIT "C" I DEUTSCH I IRELAND PROPERTIES ~ .~---..--- ...---,,~ r~ R~~LY TO FORT L.AUD~:~'CE J- -_.~ ...- ~"6 .;:::; February 28, 1986 F.~-J";'.' ~ CL..?T. Hr. Carmen Annunziato, Planning Director City of Boynton Beach 120 N.E. 2nd Avenue P. 0 Box 310 Boynton Beach, Florida 33435 RE Response to questions of the TRB reviewed in our meeting on February 18, 1986. Dear Carmen: In response to the questions raised in the attached memoranda, I am providing you herewith our responses for the record Hemorandum #1 dated February 12, 1986, from Carmen Annunziato, Planning Director ITEM 1: The Proponent still wishes to proceed with consideration of the commercial sites as shown on their Submitted Haster Development Plan. Although we recognize your concern, we maintain a great deal of concern ourselves that the parcels be able to support the highest caliber of cOlm1ercial uses ITEM 2 The question, with respect to a central loading and unloading faci 1 ity for rai t service, the Proponent has reviewed such a proposal with a number of rail users and have found it to be inappropriate. All potential users require direct siding access to their facility ITEM 3 The Master Development Plan is presented in full accordance with the PID Zoning Ordinance We intend to provide all of the required greenbelt buffers adjacent to properties having a different zoning classification, in complete compliance with the Code ITEM 4 The rights-of-way for all interior roadways will be 100 feet wide Since we will be proposing some variations on the basic sidewalk/bike path scheme, we will provide complete detail for review during the platting process. Again, we expect to provide the City with pavement sections, landscaping and pedestrian amenitfes in excess of Code requirements. The typical roadway section will have two twenty-four foot wide roadways with a sixteen foot wide landscaped median SUITE 1106-1NTERNATIONAL BUILD1NG-2455 E. SUNRISE BOULEVARD-FORT LAUDERDALE. FLORIDA 33304 . (305) 564-5114 THE BUILDING. 1125 NORTHEAST 125 STREET NORTH MIAMI, FLORIDA 33161. (305) 891-6806 AFFILIATES: BROLEN REALTY & MANAGEMENT CORP MilA CONSTRUCTION CORP I ITEM 5 The schedule for the Environmental Impact Analysis phase of the Interchange construction has been presented at the meeting, and a copy is attached hereto for your further review We expect to execute the contract with Kimley-Horn, our consultant, on or about March 4. Memorandum #2 dated February 12, 1986, from Perry A Cessna, Director of Utilities ITEM A is comentary on water distribution ITEM 1: We hereby agree to loop the water mains as requested at the cul-de- sacs. ITEM 2: The relocation of the water main routing to the High Ridge Road right-of-way and the additional routing along the north side of the canal is agreed to. Final plans will be prepared in accordance therewith ITEM 3: At this initial phase, we will agree to a 1,000 foot maximum distance between line valves; however, we expect to review this plan in more detail with the City during the platting phases. When 1,000 foot spacing will provide for fewer than four utility connections, we feel it is appropriate that the spacing be increased ITEM 4: We hereby agree to add an additional ten inch gate valve where requested ITEM 5: With respect to easements required for water and sewer, we hereby request that ten foot wide easements be approved where installation occurs outside of dedicated right-of-way In these instances, we will provide for a ten foot building setback from an easement, thereby providing for a thirty foot clear path at utility lines. We also ask that the limitation on landscaping be imposed only within the ten foot wide easement area. With respect to landscaping at the right-of-way and adjacent to such easement areas, we will endeavor to utilize the plant materials as recommended by the City Forester, Kevin J Hallahan, in his memorandum dated February 20, 1986. ITEM 6 With respect to fire flow, the Proponent hereby agrees that no building will be certified for occupancy without proper fire flow. Since fire flow is a question of use, the Proponent agrees to work out an appropriate formula with the building department to establish required fire flow needs for projects at the time of permitting Since to the extent feasible, al I publ ic improvements will be made at the same time, it is felt that the water loops will be connected prior to occupancy for the vast majority of situations ITEM B Sewage collection and transmission ITEM 1: Again, this item refers to easements being provided and the proponent agrees to provide such easements at a width of ten feet with a building setback requirement of an additional ten feet ITEM 2: Parcels W2-0 through W5-0 will be served by a sewer along the north side of Northwest 22nd Avenue Parcels WI9-0 and W20-0 respectively will be served by an extension of the two sewers shown to the north. ITEM C Proponent will work with the City as required to insure that inspection of utility installation can be accomplished in a timely manner The funds necessary to accomplish this task will be exarnined and determined at a later date. Memorandum #3 from Charles C. Frederick. Director of Recreation and Park Department also dated February 12. 1986. ITEM 1: Land exchange proposal: The Proponent wishes to keep this matter separate from discussions concerning the Master Plan layout. The negotiations are continuing between Mr. Peter Cheney. the City Manager and the Proponent to work out the details of such a land exchange. ITEM 2 Median and right-of-way maintenance The Proponent has determined at this time that the rights-of-way. other than Northwest 22nd Avenue and High Ridge Road, will be privately held. Since dedication is not contemplated, maintenance of those areas will be taken care of by the Developer and the succeeding Property Owner's Association. Maintenance of Northwest 22nd Avenue and High Ridge Road rights-of-way is also of concern to the Proponent. and the Proponent is eager to establish a means whereby they can assume control and responsibility for such maintenance Memorandum from John Wildner. Park Superintendent dated February 12. 1986. This memorandum provides the backup for cost estimates concerning right-of-way maintenance I b~l ieve all of the questions raised therein have been addressed in the previous comentary The next memorandum is from Lieutenant McGarry of the Police Department dated February 11, 1986 In order to provide further information to the Police Department in response to Lieutenant McGarry's questions, a meeting was held with Lieutenant Hammock. Chief Hillary and other members of the Boynton Beach Police Department and Jim Zook of Kimley-Horn and I. In that meeting, details of the proposed High Ridge Road relocation were discussed Peak hour traffic movements were identified at 1.300 cars per hour The interchange spacing between the proposed 1-95 Interchange and High Ridge Road would be in excess of 800 feet. center to center This distance more than adequately meets the DOT 660 foot separation criteria The Police Department felt adequately assured that an acceptable roadway and interchange design could be developed within these distance perimeters Final design and pavement layout wil I be accomplished during the platting and roadway engineering phases scheduled to fol low immediately p With respect to the ability to obtain vacation of the DOT right-of-way for High Ridge Roady Jim look of Kimley-Horn met with Frank Gordon, Design Engineer of the Florida Department of Transportation on Thursday afternoon, Februqry 27. During that meeting, Hr Gordon indicated that DOT would approach the vacation of High Ridge Road in accordance with their typical vacation procedure He indicated that it did not appear as if that portion of High Ridge Road was a part of the DOT network, and as such, there should not be any major difficulty in obtaining vacation. He did, however, reserve final jUdgement on the roadway operations and easement vacation until such time as the roadway design was complete. I believe this responds to all areas of concern. If you have any further questions, please ~ontact me GZ ak CC Mr Thomas K Ireland Hr. Edward B Deutsch Hr Thomas P. Misuraca Hr. Rick Rossi Hr James look Ms Mimi Howard David Pressly, Esquire Hr. Richard Kerber Attachments LAW OFFICES OF ROGER G SABERS ON . P A DELRA Y EXECUTIVE MALL 110 EAST ATLANTIC A VENUE DELRA Y BEACH. FLORIDA 33444 (305) 272-8616 June 6, 1985 Council 'VIembers Treasure Coast Regional Planning Council POBox 396 Stuart, FL 33494 Re: Indian River Plantation - Substantial Deviation Dear Council Members: At the Council meeting of May 17, 1985, it was requested that I provide the Council with a memorandum regarding the Substantial Deviation Section of Chapter 380 of the Florida Statutes. The purpose of this section of the statute is to r"equire a developer who proposes a change to a previously approved developm en t of regional impact to submit the proposed amendment for a determination as to whether or not the amendment is of sufficient size and impact to require further development of regional impact review The developer files his application with the local government The local government is required to make a determination as to whether or not the proposed amendment constitutes a substantial deviation A substantial deviation for the purposes of the sta tute is "any change to the previously approved development of regional impact which crea tes a reasonable likelihood of additonal adverse regional impact or any other regional impact created by the change not previously reviewed by the Regional Planning Agency" The statute further provides guidelines as to certain types of changes which are presumed not to be substantial deviations. An example of such a guideline is the following "An increase in the number of dwelling units of not more than 5% or 200 dwelling units, whichever is less." Any increase in dwelling units below this guideline is presumed not to be a substantial deviation (however, based upon actual impact and clear and convincing evidence otherwise, it may be proved to be a substantial deviation) As to any increase in dwelling units above this guideline the statute is neutral as to whether or not there would be a regional impact and hence a substCintial deviation After the local government has made its determination and modified the Development Order accordingly the Regional Planning Council and Department of Community Affairs are notified of any approved changes to the Development Order made by the local government. The Regional Planning Council and the Department of Community Affairs then have the option of appealing the ceterrnination made by the local govern m en t. In the even t that it is found that a developer's proposed change is a substantial deviation then such application is subject to further development of regional impact review, i.e, the amendment would go back through the same process as for an original development of regional impact. A t our meeting on May 17, 1985, one of the problems that came up towards the end of the meeting on the Indian River Plantation matter was that it became clear that the Council did not want to appeal the amendment to the Development Order that was made The Council, however, was having difficulty with the framework within which to put the motion not to appeal. 'rhe primary issue being whether to find a substantial deviation yet vote not to appeal or find that there was factually no substantial deviation and, therefore, no basis to appeal. The facts as presented in the staff memorandum indicated, in my opinion, a close question as to whether or not there was a substantial deviation factually or not In such cases, or when the facts indicate even more clearly that there is a substantial deviation, it would be preferable for the Council to either (j) find a substantial deviation but vote not to appeal for budgetary or other reasons, or (ii) vote not appeal without expressly making a finding on the issue of substantial deviation I am apprehensive that if the Council in dealing with substantial deviation issues starts deciding that certain amendments are not substantial deviations when factually it appears they are, that in the event at a later date Council as to a similar amendment wants to take the contrary view, i e., appeal a similar amendment, the Council's litigation position could be impaired by the opposing side presenting evidence of similar amendments having been found by the Council not to be substantial deviations. As you are all aware, the legislature this year passed into law a new and comprehensive revision of the Growth Management Laws in Florida including Chapter 380 The substantial deviation section of Chapter 380 was modified significantly Under prior law, in the event that a proposed change exceeded the criteria or guidelines established in the substantial deviation section, the statute was neutral as to whether or not such change was a substantial deviation Under the new law, if a proposed change meets or exceeds the threshholds then the change is as a matter of law a substantial deviation with no discretion being exerciseable by the local government or regional planning council as to whether the proposed change creates additional regional impacts or not ie, the statute mandates additional regional impact review for such a change Furthermore, the guidelines or thresh hold were expanded greatly in number Under prior law the statute set forth only seven guidelines whereas under the new law the statute sets forth eighteen such guidelines. Under the new law, in the event that a proposed change does not meet or exceed one of the eighteen guidelines then the change is presumed not to be a substantial deviation This presumption may be rebutted, however, by clear and convincing evidence to the contrary I will be happy to answer any questions which any of the council members may have on this matter at the next council meeting Sincerely yours, Roger G Saberson cc Mr Sam Shannon 4 Industrial development area - 5 percent or 32 acre increase 5 Mining - 5 percent or 10 acre increase 6 Office development - 5 percent or 6 acre increase in land area, or an increase in floor space of 5 percent or 60,000 square feet 7 Chemical/petroleum storage facilities - an increase in storage capacity of 5 percent, 20,000 barrels, or 7 million pounds 8 Water port - increase in wet storage for 20 watercraft or dry storage for 30 watercraft, increase in wet/dry storage for 60 watercraft at site identified in State marina siting plan, or 5 percent increase in total watercraft storage 9 Dwelling Units - 5 percent or 60 unit increase 10 Commercial development - increase of 6 acres of land, or increase of 50,000 square feet of floor area, or 300 additional parking spaces 11 Hotel/motel - 5 percent or 75 unit increase 12 Recreational vehicle parking - increase of 5 percent or 100 recrea- tional vehicle spaces 13 Open space - decrease of 5 percent or 20 acres, whichever is less 14 Net change to two or more types of development which cumulatively meet or exceed 100 percent of these criteria 15 Traffic - a 15 percent increase in external trips above that which was originally projected 16 Land Use - a change in acreage of 15 percent or more to a 1 and use not previously approved in the Development Order 17 Preservation of special areas any change which would result in development of areas initially set aside for preservation, ie, archaeological sites, habitat, dunes, etc 18 Simultaneous increases and decreasps in industrial, office, commercial, and hotel/motel uses if the regional impacts of the change exceed the impacts initially reviewed Also, an extension of 5 or more years to the buildout of a project shall be presumed to be a substantial deviation subject to further DRI review RULES OF THE DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND ~~.NAGEMENT BUREAU OF LA1ID AND WATER MANAGEhENT Part I 9J-2.01 9J-2.02 Part II Subpart A. 9J-2.07 9J-2.08 9J-2.09 9J-2.10 9J-2.12 9J-2.l3 9J-2.14 9':;-2.15 9J-2.16 9J-2.17 9J-2.l8 9J-2.l9 Subpart E. 9J-2.20 9J-2.21 ~2.6 9J-2.22 9J-2.23 9J-2.24 ~J - 2 . 2 ~ 9J-2.26 9J-2.27 9J-2.28 9J-2.29 9,}-2.30 CHAPTER 9J-2 General. Definitions. through 2.06 Reserved. General. Purpose. Applicability. Public Participation. through 2.11 Reserved. Notice, Agenda, Conduct of Proceeoings. Bi-rieekly List. Guicelines and Standards. Reserved. Einding Letters of Interpretation. Forms. Agreenents between the Departament and the Developer. Development of Regional Impact Application Procedures in Varicus Juriscictions. Development of Regional Irr:pact Procedures ir Regulatec Jurisdictions. General Requirements. Preapplication Conferences and OFtional Ccorcin- ated Review Process. Filing the Application for Development Approval The Public Bearing. Pegional Peport and Pecorr~endaticns. Local Development Orders. Appeals. Monitoring and Enforcement. Master Development Approval Alternative Revie~ Procedure. Downtown Development DRI Applicaticn. Reserved. Subpart C. 9J-2.3l 9J-2.32 Subpart D. 9J-2.33 9J-2.34 ..... ~ Development of Regional Impact Procedures in Unregulated Jurisdictions. Ninety Day Notice Requirement. Reserved. Developments of Regional Impact Procedures in Areas of Critical State Concern. Areas of Critical State Concern. through 2.39 Reserved. '* '* '* '* '* * * '* '* '* * '* '* '* Including '* '* * '* Amendrr.ent * '* * * Effective 7-7-85 * * '* '* '* * * * '* '* * '* '* '* Chapter 9J-2, Florida Adrr.inistrative Code, superseded Chapter 9B-l6, F.A.C., {formerly Chapter 27F-l, F.A.C.} J 9J-2.09 Public Participation. Public participation is an integral part of the development of regional impact review process. Each agency having statutory or contractual responsibilities relating to Section 380.06, Florida Statutes, should encourage public communication and input and keep the public informed about the status and progress of agency actions including: petitions for binding letters of interpretation; adoption, revision and repeal of rules; receipt of notice of intent to undertake a development of regional impact in an unregulated jurisdiction; receipt of notice of filing an application for development approval for a development of regional impact; proceedings with regard to developments of regional impact; and compliance of the local government or developer with the terms of the development order. Specific Authority 20.05(5), 120.53(1), 380.032(2), 380.06(22) FS. Law Implemented 380.021, 380.032(2), 380.06, 380.07, 380.085, 380.11 FS. History--New Previously 22F-1.12, 9B-16.09. 9J-2.10 to 9J-2.11 is Reserved. 9J-2.12 Notices, Agenda, Conduct of proceedings. With respect to developments of regional impact, the Division of Resource Planning and Management shall provide notice and agenda, and shall conduct any proceedings governed by Chapter 120, Florida Statutes, in accordance with the Model Rules of Procedure, Chapter 28, Florida Administrative Code to the extent that they are not superseded by these rules. Specific Authority 120.53(1), 380.032(2), 380.06(22) FS. Law Implemented 120.53(1),120.54(9),380.032(2),380.06 FS. Bistory--New 8-25-81; Amended. Previously 22F-l.13, 9B-16.12. 9J-2.13 Bi-Weekly List. (1) The Division of Resource Planning and Management shall prepare bi-week1y and mail to any person upon payment of reasonable charge to cover the cost of preparation and mailing, a current list of all notices of applications for developments of regional impact that have been filed with the Division. 4 2 .,. PART I GENERAL ..", 9J-2.01 Definitions. (I) All the terms defined in Section 380.031, Florida Statutes, shall have the meanings enumerated in such statute, whenever used in this chapter. (2) "Division" means the Division of Resource Planning and Management of the Department of Community Affairs, which is the "state land planning agency" referred to in Chapter 380, Florida Statutes. (3) "DRI" means Development of Regional Impact. Specific Authority 20.05,20.18,380.032(2),380.06(22) FS. Law Implemented 380 FS. History--New 8-25-81; Amended. Previously 22F-l.Ol, 9B-16.0l. 9J-2.02 to 9J-2.06 is Reserved. PART II RULES OF PRACTICE AND PROCEDURE PERTAINING TO DEVELOPMENTS OF REGIONAL IMPACT Subpart A--General. 9J-2.07 Purpose. The purpose of these rules is to establish uniform procedures and guidelines of statewide applicability pertaining to the administration of Chapter 380, Florida Statutes, as it relates to development of regional impact. Specific Authority 20.05(5), 120.53(1), 380.032(2), 380.06(22) FS. Law Implemented 120.53(1), 380.021, 380.032(2), 380.06 FS. History--New Previously 22F-I.IO, 9B-l6.07. 9J-2.08 Applicability. These rules shall apply to the Division of Resource Planning and Management, within the State of Florida Department of Community Affairs, and all developers or other persons engaged in applications or proceedings pursuant to Chapter 380, Florida Statutes. These rules shall be utilizeo by all regional planning agencies and all governmental entities to the extent provided by law or agreement with the Department in their consideration of developments of regional impact. Specific Authority 20.05(5),120.53(1), 380.032(2), 380.06(22) FS. Law Implemented 120.53(1), 380.031, 380.032(2), 380.06 FS. Bistory--New 8-25-81; Amended Previously 22F-1.l1, 9B-IG.08. 1 9J-2.15 is Reserved. 9J-2.16 Binding Letters of Interpretation. (1) If any developer is in doubt whether his proposed development is of regional impact, or whether his development rights have vested pursuant to Subsection 380.06(18), Florida Statutes, or whether a proposed substantial change to a development of regional impact previously vested pursuant to Subsection 380.06(18) would divest such rights, he may request a Binding Letter of Interpretation from the Division of Resource Planning and Management. Prior to submitting a formal request, the developer is encouraged to consult with the Division staff to insure that appropriate information is presented. The developer shall submit his application for a binding letter of interpretation by completing and filing with the Bureau Form BLWM-01-83 (development of regional impact status), or Form BLWM-02-81 (vested rights) or BLWM-03-81 (substantial modification to a previously vested development), as appropriate. These forms may be obtained upon request to any regional planning agency or to the Division of Resource Planning and Management, Bureau of Land and Water Management, whose address is 2571 Executive Center Circle, East, Tallahassee, Florida 32301-8244. The completed forn shall be submitted to the Division of Resource Planning and Management, Bureau of Land and Water Management. (2) A copy of the entire application for a Binding Letter of Interpretation and any supplemental information shall be provided by the applicant to the regional planning agency and local government with jurisdiction over the develop~ent site at the time it is submitted to the Division of Resource Planning and Management. The Division shall give notice of receipt of the application for a Binding Letter of Interpretation by publication in the Florida Administrative Weekly. Notice shall also be given to the local government having jurisdiction over the proposed development and to the appropriate regional planning agency. A copy of the notice zhall be given to the aFPlicant. (3) Withir 15 days frore the receipt of an application for a Binding Letter of Interpretation, the Division of Resource Planning and ~anagement shall determine and notify the aFPlicant, the local governreent and the regional planning agency whether the application information is sufficient to enable the agency to issue a binding letter, and the Division shall request any additional information needed. If the Division determines that the information in the apFlication is not sufficient, the applicant shall either provide additional information as requested, or shall notify the Division in writing that the information will not be supplied and the reasons therefore. If the applicant declines to provide the requested information, the Division will so notify the local government and regional planning agency and begin the linding letter review. If the applicant does not respond to the request for additional information within 120 days, then the binding letter aFplicatic~ shall be deemed to be withdrawn. If the applicant prcvides 4 ~ ~ (2) The list shall provide information relating to the Division file number, the date of receipt by the Division of the notice, name of the developer or his authorized agent, the name, type, size, and location of the proposed development, and public hearing information. Specific Authority 120.53(1), 380.032(2) FS. Law Implemented 120.53(1),380.032(2),380.06(19) FS. History--New Previously 9B-16.13. 9J-2.l4 Guidelines and Standards. (1) The guidelines and standards under Chapter 27F-2, Florida Administrative Code, shall be used in deternining whether particular developments shall be presumed to be develoFruentE of regional impact. (2) From time to time the Division may review the guidelines and standards and make specific recommendations for change to the Administration Commission. (3) In reviewing and recommending change to the guidelines and standards, the Division shall consider the statutory criteria specified in Subsection 380.06(2) (b), Florida Statutes. (4) The guidelines and standards, relating to developrnentE of regional impact, are adopted by rule by the Administration Commission upon recomrrendation fro~ the Division of Resource Plannins and Management. Any changes to the guidelines and standards adopted by the Administration Commission are subject tc approval of the Legislature as provided in Subsection 380.06(2) (a), Florida Statutes. (5) If the Department of Community Affairs intends to adcpt rules interpreting the guidelines and standards pursuant to Subsection 380.032(2), Florida Statutes, by filing the~ with the Secretary of State, then, in addition to complying with notice requirements of Chapter 120, Florida Statutes, the intent to f_Ie Euch rules shall be noticed in the Florida AdministrativE Wee~l~ at least one week prior to the date of filing. Within 20 days following adoption, any substantially affected party may initiate review of such rule by filing a request for review with the Administration Commission and serving a copy to the Division of Resource Planning and Management. Filing a request for review shall stay the effectiveness of the rule pending a decision b~ the Administration Commission. Within 45 days following receipt of the request for review, the Commission shall either reject or adopt the rule, with or without modification. Specific Authority 120.53(1),380.032(2) FS. Law Implemented 120.53(1), 380.C32(2), 380.06(2) FS. History--New Previously 22F-l.15, 9B-16.l4 4 3 Florida Administrative Code, if the Division obtains information that such development may be a development of regional impact because of its character, magnitude or location. As used above, the term "monitor" means to notify a developer in writing that a proposed development may be a development of regional impact ana to request that the developer advise the Division as to his development plans and as to his understanding of the applicability of Chapter 380, Florida Statutes. This notice shall include a copy of Chapter 380, Florida Statutes; Rules 9J-2.0l-.39, Parts I and II, Rules of Practice and Procedure Pertaining to Development of Regional Impact; and Chapter 27F-2, Part II, Development Presumed to be of Regional Impact. Copies of binding letter application forms shall also be included and may be used by the developer if he requests a Binding Letter of Interpretation from the Division. (7) As specified in Rules 9J-2.l6(6) and (17) and Rule 9J-2.27, Florida Administrative Code, the Department of Community Affairs shall promote the monitoring of existing or potential developments and the enforcement of Chapter 380, Florida Statutes, or any rules, regulations, or orders issued thereunder. (8) In response to a sufficient application for a Binding Letter of Interpretation determining development of regional impact status received by the Division, the Divisicn shall determine whether the proposed development would have a substantial effect upon the health, safety or welfare of citizens of more than one county using the information submitted on For~ BLWM-01-83 and other factual information obtained from third persons including an appropriate regional planning agency and local government. The Division may specify that all information submitted by the developer or by third persons relevant to a binding letter application must be transmitted to the Division by a certain date. Failure to submit such information by the specified date may result in that information not being considered by the Division in its determination. The Division may determine that proposed development below the applicable numerical threshold contained in Chapter 27F-2, Florida Administrative Code, is a development of regional impact if the Division has determined that such development, because of its character, magnitude or locatior, would have a substantial effect on the health, safety or welfare of citizens of more than one county. Also, the Division may determine that a proposeo development above the applicable numerical threshold contained ir Chapter 27F-2, Florida Administrative Code, is not a development of regional impact, if it would not have such an effect. If tte information presented during the binding letter process is sufficient to determine that the proposed development is not a development of regional impact, the Division shall issue a bindins letter. (9) The burden of establishing that a proposed development which exceeds the applicable numerical threshold cont~~nec ir Chapter 27F-2, Florida Administrative Code, is not a developrne~t E .,. .., requested additional information, the Division shall, within 15 days from receipt of the additional information, determine whether the additional information furnished is sufficient to comply with its request. If the additional information is not sufficient, the Division shall notify the applicant, the local government, and the regional planning agency of the respects in which the information does not comply with the original request. When all the requested information is received, the application will be considered sufficient and the applicant, the local government and the regional planning agency will be so notified. (4) The Division shall review the completed application and any additional information provided. The Division shall consider all written documents, written statements, and information submitted by the applicant or gathered and made part of the record by the Division during its investigation and evaluation of the application. The Division may initiate an investigation of the application or of any information subffiitted and may utilize in its evaluation any relevant facts obtained during its investigation. The applicant shall be informed of and providee copies of any relevant facts obtained or received by the Division that will be utilizec in the binding letter and shall be given an opportunity to respond to them. The Division shall solicit and accept submissions of information from an appropriate regional planning agency and appropriate local government, relevant to any applications. The Division may solicit and accept submissions from any third persons who may possess factual information relevant to the Division's investigation of an application. In evaluating an application prior to rrcaking a deterrrination, the Division may convene a conference at the request of the applicart or its own initiative, if, in its discretion, it consioers that such conference will advance its evaluation of the application. At the request of the Division or the applicant, any such conference shall be recorded and such information may be come a part of the record on which the determination is reade. A partl1 shall be entitled to a transcript of any conference upon paymert of costs. (5) Within thirty (30) days of acknowleoging recel~t of a sufficient application, or receiving notification that additional information requested pursuant to Subsection (3) will not be supplieo, but not sooner than fourteen (14) days after publication of the notice in the Florida Administrative Weekly, the Division shall issue a Binding Letter of Interpretation ~ith respect to the proposec development. The time for issuance of e. binding letter of interpretation, or reconsideration thereof, may be extended upon agreement between the Division and the applicant. (6) The Division's policy is to monitor all development types set forth in Chapter 27F-2, Florida Administrative Code, which exceed the applicable numerical thresholc contained in Chapter 27F-2, Florida Administrative Code. The Division will also monitor developments whose reagnitude is less than the applicable numerical threshold contained in Chapter 27F-2, 5 final agency action unless, within thirty (30) days of the date of filing of said determination the applicant requests in writing a reconsideration of the Binding Letter of Interpretation including an opportunity to present additional testimony, evidence or written statements pursuant to Section l20.57(2)(a)2, Florida Statutes and these rules. (IS) A request for reconsideration of a binding letter shall be granted by the Division if the applicant's request alleges that there are additional material facts not previously considered or that the Division's findings of fact or conclusions of law are substantially inaccurate. If a request for reconsideration is not timely filed with the Division or if such request does not spec ify disputed issues of nlater ial fact, the Division shall, within seven days of receipt, denl in writing the request for reconsideration. Denial of a request for reconsideration shall constitute final agency action resarding the application for a binding letter. All additional inforDation or evidence shall be submitted to the Division by the applicant within 90 days of tLe date the request for reconsioeration is received by the Division and shall also be provided to the entities specified in Subsection 9J-2.16(2}. Within 45 days after the Division receives written notice from the applicant that all information or evidence to be considered has been submitted, the Division shall issue a final binding letter of interpretation which shall constitute final agency action. (IE) Einding Letters of Interpretation, and any reconsiderations thereof shall be issued by the Division within the periods of time specified by these rules and after an:, informal proceedings held pursuant to Section 120.57(2), Florica Statutes. However, at any time before the initial binding letter is issued, or within 30 days after reconsideration of a bindirg letter is completed and a final binding letter issued, if the applicant believes the determination involves a disputed issue of material fact which requires a full evidentiary hearins, the applicant ~ay request a formal hearing by filing a petition specifying the disputed ~aterial facts, in cO~Fliance ~ith Subsection 120.57(1}, Florida Statutes, and the Model Pules, Chapter 28-5, Florida Administrative Code. (17) Copies of the binding letter shall be provided to the applicant, the local government, the resional planning agency, and appropriate state agencies. The Department shall request s~ct governments or agencies to notify the Department of pote~- tial violations of Section 380.06, Florida Statutes. In addi- tion, notice of the issuance of a binding letter shall be given to persons who have requested notice. Binding Letters of Interpretation issued by the Division shall bind all state, regional and local agencies as well as the developer. 8 ~ -.. of regional impact shall rest with the applicant. The burden of establishing that a proposed development which does not ey.ceed the applicable numerical threshold contained in Chapter 27F-2, Florida Administrative Code, is a development of regional impact shall be on the Division. (10) If the Division determines that the proposed development is a development of regional impact, and if requested by the submission of Form BLWM-02-8l the Division will make a determination as to whether rights have vested pursuant to Subsection 380.06(18), Florida Statutes. If the information before the Division is sufficient to determine that rights are vested, the Division shall issue a binding letter. (11) When requested by the submission of Form BLWM-03-81 and the Division has determined that the proposed development is a development of regional impact and that rights are vested, the Division shall make a deterrrination as to whether a proposed change to the vested pl~n of development is substantial, and, if substantial, whether the proposed change would result in reduced regional impacts. In order for the Division of Resource Planning and Management to make such deter~ination, the developer shall furnish sufficient information fer the Division to have determined that the development has acquired vested rights pursuant to Subsection 380.06(18), Florida Statutes. If the information presented to the Division is sufficient to determine that the change to a previously vested development is not substantial or that the regional i~pact has been recuced, the Division shall issue a binding letter. In making sucr a determination, the cr ~ ter ia pursuant to Subsection 380.06 (4) (b) and (c) and 380.06(17) (b), Florida Statutes, shall be considered. (12) If the Division concludes that the proposed development is a development of regional impact, that rights have not vested, or that a proposed change to a previously vested development would increase regional impacts so as to divest rights to complete the development, it shall issue a binding letter requiring compliance ~7ith Chapter 380, Florica Statutes. (13) If the applicant declines to provice information requested by the Division, and the DiviEion decides tbat ~t coes not have sufficient information to deterLine whether the ~roposed development is of regional impact, or whetrer developnent right~ have vested, or wcether a proposed substantial change to a development of regional impact previously vested would diVEst suc~ ri~~ts, then the letter issued by the Division pursuant to Paragraph 380.06(4) (a), Florida Statutes, may state that the information was insufficient to roake the binding determination requested by the applicant. (14) A Einoing Letter of Interpretation shall contair findings of fact and conclusions of la~ wDich shall specify the factual, legal, and policy 9roun~s sUfporting the Division's deterreination. The Ein(~n9 Letter of Interpretation shall be 7 specified in Subsection 380.032(3), Florida Statutes, is limited to agreements was may be necessary to effectuate the provisions- of Chapter 380, Florida Statutes. The Department does not construe this authority to include the power to waive the applicability of Chapter 380, Florida Statutes, or to allow developers to avoid the requirements of the law merely for their economic or competitive benefit. The Department does not view agreements, and will not enter into them, as an optional alternative to the DRI process. The Department believes that agreements are only appropriate in an extremely limited number of instances where, in the Department's sole discretion, it is apparent that reasonable factual circumstances exist whereby an agreement is necessary to effectuate the intent of the law. (b) It is not the intent of these rules to encourage requests for agreements nor to specify circumstances under which an agreement is appropriate or will be entered into by the Department. These rules establish procedures to be followed prior to entering an agreement. To the extent that specific conditions are described in the rule, such conditions are meant to limit requests for agreements and to limit the Department's discretion in determining when an agreement may be necessary. However, such conditions shall not be interpreted as defining the circumstances under which the Department's discretion must be exercised or an agreement entered into. (2) Any agreement entered into by the Department must state, and establish a factual predicate for, the Department's conclusions that the agreement, in the Department's discretionary determination: (a) Is in the interest of the state, and (b) Is necessary and beneficial to the Department in its role as the state agency with the responsibility for the administration and enforcement of Chapter 380, Florida StatutesJ and (c) Reasonably applies and effectuates the provisions and intent of Chapter 380, Florida Statutes. (3) As an alternative to seeking an agreement with the Department pursuant to Section 380.032, Florida Statutes, and Section 9J-2.18, Florida Administrative Code, the developer may choose to establish an agreement with the regional planning agency and local government and to file an application for master development approval pursuant to Section 380.06(20), Florida Statutes, and Section 9J-2.28, Florida Administrative Code. Copies of such agreements shall be sent to the D1 vision of Resource Planning and Management within 10 days of being entered into. (4)(a) If a developer believes his circumstances necessitate an agreement pursuant to Subsection 380.032(3), Florida Statutes, he may request such an agreement from the Department of Community Affairs. Prior to submitting the 10 ~ ~ Specific Authority 20.05(5),120.53(1),380.032, FS. Law Implemented 120.53(1),380.021,380.031,380.032,380.06(1), 380.06(4),380.06(18), rs. Bistory--New 8-25-81, Amended. Previously 22F-1.16, 9B-16.16. 9J-2.17 Forms. (1) The attached forms are prescribed for use with these rules and are incorporated by reference: (a) Form Number DSP-BLWM-11-76, Developments of Regional Impact Application for Development Approval, (b) Form Number BLWM-01-83 Application For a Binding Letter of Development of Regional Impact Status, (c) Form Number BLWM-02-8l, Application for a Binding Letter of Vested Rights, (d) Form Number BLWM-03-81, Application for a Binding Letter of Modification to a Development of Regional Impact with Vested Rights, (e) Form Number BLWM-04-83, relating to regional planning agencies designated under Chapter 380, Florida Statutes; (f) Form Number BLWM-05-83, Notice of Intent to Undertake a Development of Regional Impact in an Unregulated Jurisdiction; and (g) Form Number BLWM-06-83, Report of Agency Participation in Development of Regional Impact Preapplication Conferences. (2) These forms may be obtained without cost from the appropriate regional planning agency or by making written request to: Division of Resource Planning and Management Bureau of Land and Water Management 2571 Executive Center Circle, East Tallahassee, Florida 32301-8244 Specific Authority 120.53, 380.032(2), 380.06(22) FS. Law Implemented 120.53, 380.031(13),380.06(4)-(9),380.06(22) FS. Bistory--New 8-25-81, Amended. Previously 22F-1.31, 9B-16.l7. 9J-2.l8 Agreements Between the Department and the Developer. (1) (a) The procedures in Section 380.06, Florida Statutes, are the procedures which must be followed by developers of proposed developments of regional impact prior to undertaking development, as defined in the law, of such a project. The power granted to the state land planning agency to enter agreements, 9 the applicable thresholds contained in Chapter 27'-2, Florida Administrative Code, or would eventually have substantial effects on the citizens of more than one county and the Department concludes that the developer has no satisfactory eapIanation for failing to determine that Section 380.06, Florida Statutes was applicable to his development at an earlier date. (b) A determination after July 1, 1974, by the local government or other governmental agency other than the Department as to the DRI or vested rights status of the development which is relied on by the developer to begin development, cannot be used as a justification to enter into an agreement with the Department. Binding determinations on DRI status, vested rights, and proposed changes to a vested plan of development can only be made by the Department of Community Affairs, Division of Resource Planning and Management. A developer will be held responsible for his actions in not seeking advice from the Division as to the DR! status of his development. (c) The mere convenience or desire to gain a competitive advantage or economic benefit is the developer's primary justification for seeking an agreement or the primary result of the agreement would be an economic benefit, a competitive advantage or mere convenience for the developer. (d) An agreement would allow any development prior to completion of DR! review and such development is reasonably likely, in the Department's opinion, to result in substantial adverse regional impacts that should be reviewed in accordance with Section 380.06, Florida Statutes. (6) Specific terms in any agreement entered into shall: (a) Specify how Chapter 380, Florida Statutes, has been applied to the development in the past and how it shall be applied subsequent to the agreement; (b) Specify the location and a maximum amount of any development authorized to be completed pursuant to the agreement and the reasons why the Department finds such development is necessary; (c) Identify portions of the property which shall not be disturbed; and (d) Limit the period of time that the agreement is in effect. (7) Specific conditions in an agreement may: (a> Require submission of a master development plan; (b) Require DRI review of the entire project including completed development, vested portions, and types of development not specified in Chapter 27F-2, Florida Administrative Code; ~ ~ proposed agreement, the developer shall schedule a meeting with the Division staff so that the Department can initially determine whether, in its opinion, the circumstances indicate it would be advisable and necessary to pursue an agreement. (b) The developer must send a letter to the Division outlining his alleged justification pursuant to the guidelines in Subsections 9J-2.l8(5), (6) and (7), Florida Administrative Code. This letter shall be sent at least 10 days prior to the scheduled meeting. A copy of the letter will be sent to the appropriate regional planning agency as specified on Form BLWM-04-83. (c) After the meeting or after additional information requested at the meeting is received, the Division shall notify the developer and advise the regional planning agency whether it believes there is sufficient cause to pursue an agreement. (d) 1. If the Division finds and advises the developer that the facts warrant the consideration of a formal agreement, the developer shall submit three copies of the proposed agreement to the Division of Resource Planning and Management. In preparing the agreement, the developer must incorporate the criteria and conditions listed in Subsections 9J-2.l8(6) and (7), Florida Administrative Code. 2. Copies of the proposed agreement shall be given to the appropriate regional planning agency and the local government having jurisdiction over the development. Any comments from the regional planning agency and local government concerning the proposed agreement must be submitted to the Division within 30 days after transmittal of the proposed agreement. (e) In evaluating the proposed agreement, the Division may convene one or more conferences at the request of the applicant or on its own initiative, if, in its discretion, it considers that such conferences will advance its evaluation of the proposed agreement. During the evaluation, the Division may obtain additional information needed to assist it in determining whether an agreement is appropriate and may modify the proposed agreement. (f) The Department shall make a final decision as to whether or not it chooses to enter the proposed agreement in no less than 4S days after receipt of the proposed agreement and no more than 90 days unless extended by mutual consent of the Department and developer. The Division will send a copy of the final agreement to the regional planning agency and local government. (5) The Department will not consider an agreement appropriate when it is persuaded that the provisions of paragraph 9J-2.l8(2) are not met or one or more of the following conditions exist: (a) The Department concludes that the developer knew or should have known that his development would eventually be over , , of the Administration Commission pursuant to Section 380.05, Plorida Statutes. Specific Authority 120.53(1), 380.032(2), 380.06(22) PS. Law Implemented 120.53(1), 380.06(5) PS. Bistory--New 8-25-81, Amended. Previously 22P-l.17, 9B-16.l9. Subpart B--Development of Regional Impact Procedures in Regulated Jurisdictions. 9J-2.20 General Requirements. (1) Prior to undertaking development, as defined in Section 380.04, Plorida Statutes, of a DRI in a regulated jurisdiction a developer must have obtained a development order issued pursuant to Section 380.06, Plorida Statutes. The development order shall be issued prior to, or concurrently with, any development permit or other authorization to commence development issued by the local government with jurisdiction over the development of regional impact. (2) The following summarized procedures and requirements are applicable to developments of regional impact and are in addition to applicable local land development regulation requirements and procedures: (a) Participation in preapplication conference proceedings with regional planning agency and affected state and regional agencies pursuant to Subsection 380.06(7), Florida Statutes1 (b) Filing an application for development approval pursuant to Subsection 380.06(6), Plorida Statutes1 (c) A determination that the application for development approval contains sufficient information pursuant to Subsection 380.06(9), Florida Statutes1 (d) A report and recommendations by the regional planning agency pursuant to Subsection 380.06(11), Florida Statutes1 (e) A development of regional impact public hearing pursuant to Subsection 380.06(10), Florida Statutes1 (f) Issuance of a development of regional impact development order pursuant to Subsection 380.06(14), Florida Statutes1 (g) Appeal of a local development order as provided for in Section 380.07, Florida Statutes1 (h) Filing of annual reports pursuant to Subsection 380.06 (16), Plorida Statutes1 - (i) Local government review of any proposed changes to an approved development of regional impact for a substantial 14 ~ ~ (c) Require submission of the Application for Development Approval or binding letter applications for all or portions of the development within a specified period of time; (d) Specify other conditions necessary to effectuate the provisions of Chapter 380, Florida Statutes, or any rules promulgated thereunder: and (e) Require the developer to pay the costs and a reasonable attorney's fee resulting from any suit brought and successfully prosecuted by the Department to enforce the provision of the agreement. (8) The Department may terminate the agreement or may initiate a proceeding to enforce the agreement or enjoin any developer pursuant to Section 380.11, Florida Statutes, if the developer fails to comply with the conditions in any agreement or if the Department determines that the agreement was based on materially inaccurate information submitted by the developer. (9) The time frames established in this section may be expanded or contracted by the department upon showing of good cause. In extraordinary circumstances it may necessary for department staff to consult with the local government and regional planning agency by telephone rather than to wait for the submission of comments in writing. In such cases, the substance of those conversations will be reflected in a follow-up letter to the local government or regional planning agency. Specific Authority 120.53(1),380.032(2),380.06(22), PS. Law Implemented 120.53(1),380.021, 380.032.(3), FS. History--New 5-4-83; Amended 6-20-84. Previously Numbered 9B-16.l8 9J-2.19 Development of Regional Impact Application Procedures in Various Jurisdictions. Prior to undertaking any development of a development of regional impact a developer shall comply with: (1) Subpart B, Sections 9J-2.20-.30, Florida Administrative Code, if the development is proposed within a regulated juriSdiction, which as used herein shall mean a local government that has adopted a zoning ordinance or subdivision regulations, or both; or (2) Subpart C, Sections 9J-2.3l-.32, Plorida Administrative Code, if the development is proposed within an unregulated juriSdiction, which as used herein shall mean a local government that has not adopted either a zoning ordinance or subdivision regulations; or (3) Subpart 0, Section 9J-2.33, Florida Administrative Code, if the development is proposed within an area of critical state concern, which as used herein shall mean a specific geographical area of the state defined by general law or by rule 13 available to the developer information about the development of regional impact process and the use of preapplication conferences to encourage cooperation and mutually beneficial solutions to problems, identify issues, coordinate appropriate state and local agency requirements, and otherwise promote a proper and efficient review of the proposed development. The information shall include copies of any regional issues list adopted pursuant to Subsection 380.06(22), Florida Statutes, and other appropriate material indicating issues of regional significance in the region, or containing regional policies. It shall include material describing planning, permitting or review requirements of state, regional or local agencies that has been obtained by the regional planning agency. Such information shall be made available before or during the preapplication conference. (b) The regional planning agency shall arrange a preapplication conference pursuant to Subsection 380.06(7), Florida Statutes. Reviewing agencies shall make reasonable efforts to attend these conferences and shall participate when requested to do so pursuant to Subsection 380.06(7), Florida Statutes. In addition to meetings, preapplication conference activities may consist of telephone calls, written correspondence or reports, or other means of communication that can be used effectively to fulfill the intent of Subsection 380.06(7), Flor ida Statutes. (c) Upon the request of the developer or the regional planning agency, other affected state and regional agencies shall participate in conference proceedings 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 proposed development. Such information shall be provided for initial project planning and coordination and shall not constitute a binding agency commitment to a course of action on an Application for Development Approval or permit review unless so established in an agreement between the agency and the developer, pursuant to Subsection 380.06 (8) (b), Flor ida Statutes. (d) When a Development of Regional Impact also requires an environmental impact statement, affected agencies should conduct one or more meetings for the purpose of considering the feasibility of integrating the development of regional impact review process and report with the Environmental Assessment or Environmental Impact statement review processes and reports. (e) In order to increase the effectiveness of agency participation in the preapplication conference, the regional planning agency may request the developer to submit a minimal amount of basic data about the type, size and location of the proposed development. Such information requests shall be for the purpose of promoting productive project discussions at the preapplication conference and shall not constitute an extensive information requirement. This information should be provided to agencies at least seven days in advance of the conference activity at which the agencies are to participate. 16 ~ ,.., deviation determination pursuant to Subsection 380.06(17), Florida Statutes, (j) Monitoring and enforcement of the development for compliance with terms of the development order as provided for by Paragraph 380.06(14) (c), Subsections 380.06(15), (16) and Section 380.11, Florida Statutes. (3) Under certain circumstances, a developer may be able to proceed with an alternative DRI review procedure. Alternative procedures that may be appropriate include the following: (a) The coordinated review process specified in Section 380.06(8), Florida Statutes and Subsection 9J-2.2l(2) and .22(1) (d), Florida Administrative Code, (b) A comprehensive development of regional impact application pursuant to Subsection 380.06(20), Florida Statutes, and Paragraph 9J-2.22(1) (a), Florida Administrative Code; (c) An application for master development approval pursuant to Subsection 380.06(20), Florida Statutes and Paragraph 9J-2.22(1) (b) and Section 9J-2.28, Florida Administrative Code; (d) A downtown development of regional impact application, pursuant to Subsection 380.06(21), Florida Statutes, and Paragraph 9J-2.22(1)(c), and Section 9J-2.29, Florida Administrative Code. (4) Lists of regional issues to be used in reviewing Development of Regional Impact applications are included in Chapter 9B-20, Florida Administrative Code, pursuant to Paragraph 380.06(22) (b), Florida Statutes. Regional policy plans adopted by regional planning councils pursuant to Section 160.07, Florida Statutes are a long range policy guide for the development of the region and shall be used in developments of regional impact review. Lists of regional issues identify regional issues that may be pertinent to a DRI whereas regional policy plans contain policy guidelines for decisions on such issues. Specific Authority 20.05,120.53(1), 380.032(2), 380.06(22) FS. Law Implemented 120.53(1),160.07,380.021,380.06 FS. History--New 7-7-76; Amended. Previously 22F-l.20; 27F-l.20, 9B-16.20. 9J-2.2l Preapplication Conferences and Optional Coordinated Review Process. .. (1) (a) Before filing an application for development approval, the developer shall contact the regional planning agency with jurisdiction over the proposed development to arrange a preapplication conference. The appropriate regional planning agency may be determined by reference to Form BLWM-04-83, relating to regional planning agencies designated under Chapter 380, Florida Statutes. The regional planning agency shall make which could later constitute grounds for permit denial or major modifications of the proposed agreement. (3) The regional planning agency shall keep all affected agencies informed of the progress of the DRI review process and otherwise coordinate reviews of developments of regional impact. (a) To further effectuate these review processes, the regional planning agency may encourage additional conferences, the development of permit processing schedules with other agen- cies, concurrent processing of applications, the use of the development of regional impact application for development approval as a substitute for permit data requirements or plans, and other appropriate techniques. (b) No later than May 15 of each year beginning in 1984, each regional planning agency shall forward a report of state, regional and local agency participation in the development of regional impact review process within the region for the preced- ing year to the Division of Resource Planning and Management. This report shall include Form BLWM-06-83 and shall contain data about requests for, the incidence and extent of, agency partici- pation in regular development of regional impact reviews and optional coordinated reviews. Specific Authority 20.05,120.53(1),380.032(2),380.06(22) FS. Law Implemented 120.53(1),380.021,380.06(7),(8),(22) FS. History--New. Previously 9B-16.21 9J-2.22 Filing the Application for Development Approval. (1) In accordance with Subsections 380.06(6), (7), and (9), Florida Statutes, the developer shall file completed copies of an application for development approval with the local government having jurisdiction. Copies of the application shall also be filed with the appropriate regional planning agency and the Division of Resource Planning and Management. Copies of the application, Form DSP-BLWM-11-76, may be obtained from either agency. The application should be filed in accordance with the local government's applicable procedures and as early as possible in its planning or permitting approval processes. (a) If a proposed development project includes two or more developments of regional impact, a developer may file a compre- hensive development of regional impact application for develop- ment approval covering more than one development of regional impact pursuant to paragraph 380.06(20)(a), Florida Statutes. (b) If a proposed development is planned for development over an extended period of time, the developer may file an application for master development approval of the project pur- suant to Paragraphs 380.06(20) (b) and (c), Florida Statutes, and Section 9J-2.28, Florida Administrative Code. 18 ~ ~ (f) In order to increase the effectiveness of developer and agency participation in the preapplication conference, in 1983 and every three years thereafter, the Department, as the state land planning agency, shall request state and regional agencies which participate in DRI or binding letter application reviews to prepare brief descriptions of their programs, responsibilities and policies that may substantially affect proposed developments of regional impact during planning or permitting reviews. Such descriptions may include goals and objectives, review criteria, procedures, information requirements, jurisdiction, rule or statute numbers, addresses, contact names, and other information considered useful to applicants entering the DRI review process. The Department shall work closely with agencies to ensure that the descriptions are reasonably uniform. Upon completion of the descriptions, as determined by the Department, copies shall be provided to regional planning Agencies for use in preapplication conference proceedings. (g) To the extent feasible and as a part of the preapplication conference, the regional planning agency shall state the objectives to be achieved in the proceedings, help distinguish between DRI application and state or regional permit reviews, provide information about any local government review procedures that may apply, provide opportunities for the developer and affected agencies to obtain and comment on information of significance to the project, provide information about regional issues pursuant to Section 9B-20, Florida Administrative Code, and seek to promote expeditious and well-coordinated processing of development of regional impact applications. (h) Pursuant to Subsection 380.06(7)(b), Florida Statutes, each regional planning agency shall establish by rule a preapplication procedure by which a developer may enter into binding written agreements with the regional planning agency to eliminate questions from the application for development approval where those questions are found to be unnecessary for development of regional impact review. (2) (a) As part of the preapplication conference, the developer may, in addition to regular development of regional impact review, elect to proceed in a coordinated review process with other affected state or regional licensing or permitting agencies. The developer may select the state or regional agencies which will participate in this coordinated review process pursuant to Subsection 380.06(8), Florida Statutes. (b) In the optional coordinated review process the developer may request a binding agreement from an agency as provided for in Paragraph 380.06(8)(b), Florida Statutes. In addition, the developer may request that an agency, for non- binding information purposes only, identify issues or problems 17 local government sball set a bearing date at tbe next scbeduled meeting and give notice and bold a bearing on tbe application for development approval of a development of regional impact as required by Subsection 380.06(10), Florida Statutes. (2) The notice of bearing sball be pUblisbed at least 60 days in advance of the bearing and shall state that the proposed development would be a development of regional impact. Tbe notice shall specify wbere tbe information and reports on the development of regional impact application may be reviewed. In addition to giving notice to tbe Division of Resource Planning and Management and the appropriate regional planning agency, notice shall be given to adjacent counties and municipalities and to any otber state or regional permitting agency participating in a coordinated review process under Subsection 380.06(8), Florida Statutes. (3) When a development of regional impact is proposed within tbe jurisdiction of more than one local government, the local governments, at tbe request of the developer may bold a joint public hearing. (4) The public hearing shall be held in the same manner as for a rezoning and sball be recorded as required by Subsection 380.06(10), Florida Statutes. (5) The report and recommendations from the regional plan- ning agency shall be incorporated into the record of the public hearing. Specific Authority 20.05,120.53(1),380.032(2),380.06(22) FS. Law Implemented 120.53(1),380.021, 380.06flO) FS. Bistory--New 7-7-767 Amended. Previously 22F-l.2l7 27F-l.2l, 9B-16.23. 9J-2.24 Regional Report and Recommendations. (1) Upon receipt of the notice of public hearing issued pursuant to Subsection 380.06(10), Florida Statutes, the appropriate regional planning agency shall prepare a report and recommendations on the regional impact of the proposed development in accordance with the criteria identified in Section 380.06(11), Florida Statutes. In preparing the regional report, the regional planning agency shall identify and make recommendations on regional issues and may comment on other local issues. (2) The regional planning agency may request other agencies to prepare reports and recommendations on issues that are clearly within their jurisdiction and shall incorporate reports and recommendations pursuant to Paragraph 380.06(11) (b), Florida Statutes. The agency shall afford any substantially affected party the opportunity to present evidence to the regional planning agency head related to the proposed regional report and recommendations provided that the substantially affected party makes a timely request. 20 ~ ~ (c) A downtown development authority as defined in Section 380.031, Florida Statutes, may submit a development of regional impact application for development approval pursuant to Subsection 380.06(21), Florida Statutes, and Section 9J-2.29, Florida Administrative Code. (d) If a developer has elected to proceed in an optional coordinated review process, then he must submit copies of the application for development approval to all state or regional agencies which are to participate in the review process. The application shall include additional information identified by state or regional licensing agencies as necessary if the binding agreement is to be obtained. (2) Pursuant to Subsection 380.06(9), Florida Statutes, the regional planning agency shall make a determination as to the sufficiency of the information contained in the application. (a) If the agency determines that the application is sufficient to begin review, the agency shall provide written notice to the appropriate local government and the applicant within 30 days of receipt of the application, stating that the application contains sufficient information for the agency to begin review pursuant to the criteria of Section 380.06(11), Florida Statutes, and that a public hearing date may be set. (b) If the agency determines that the application is insufficient to begin review, the agency shall provide written notice to the appropriate local government and the applicant within 30 days of receipt of the application stating that the application contains insufficient informatipn for the agency to discharge its responsibilities under Subsection 380.06(11), Florida Statutes, and requesting additional information. Within five working days of the receipt of the statement the applicant shall provide written notice to the local government and the agency that the requested information will be supplied, or will not be supplied, in whole or in part. Upon receipt of the requested information, or written notice that the requested information will not be provided, the agency shall provide written notice to the local government and the applicant pursuant to Paragraph 380.06(9)(c), Florida Statutes. (c) The regional planning agency shall provide copies of agency requests for additional information and the applicant's response to the Division of Resource Planning and Management. Specific Authority 20.05,120.53(1),380.032(2), 380.06(22) FS. Law Implemented 120.53(1), 380.021, 380.06(5)-(9), 380.06(20)-(21) FB. History--New. Previously 22F-l.20, 27F-l.20, 9B-16.22. 9J-2.23 The Public Bearing. (1) Upon receipt of notice from the regional planning agency that a public hearing date may be set, the appropriate 19 (2) Without an effective development order, the developer shall not have authorization to develop any portion of the development covered by the Application for Development Approval unless the developer has obtained an agreement with the Department of Community Affairs pursuant to Subsection 380.032 (3), Florida Statutes. (3) As used in this chapter, rendition or rendering means issuance of a written development order and transmittal of the order together with all pertinent attachments by first class u.s. Mail to the Department of Community Affairs, Bureau of Land and Water Management, and other recipients specified by statutes or this rule. A certified return receipt shall be prima facie evidence of transmittal. (4) Requirements for a development order: (a) The copy of any development order rendered to the Department of Community Affairs, the regional planning agency, and the owner or developer shall: 1. Consist of a written document, which shall be printed, typewritten or otherwise duplicated in legible form on white paper; and 2. Include copies of all exhibits, attachments and written materials, including portions of ordinances referenced in the text. The local government and the Department of Community Affairs may enter into an agreement whereby major ordinances are transmitted in their entirety to the Department of Community Affairs, followed by the transmittal of copies of all revisions in lieu of transmitting the entire ordinance with each individual development order; and 3. Include copies of the application for development approval if the developer has not certified that a complete copy of the application as modified or amended has been delivered to all of the parties identified in this section; and 4. Include copies of any supplements, development plans or specifications which are approved with the order, but which are not in the Application for Development Approval; and 5. Contain the signature of the official head of the governmental body issuing the order or the signature of an authorized representative of the governmental body, and shall be certified as being a complete and accurate copy of the development order. (b) The copy of any development order rendered to the Department of Community Affairs, the regional planning agency, and the owner or developer shall contain the following: 1. The name of the development; 2. The authorized agent of the developer; 22 ~ ~ (3) As part of the regional report and recommendations, the regional planning agency may prepare a short summary of conclusions and recommendations for the purpose of providing easy-to-read public information about the development of regional impact. (4) Copies of the completed report and recommendations shall be submitted by the regional planning agency to the local government, the Division of Resource Planning and Management, and the developer within SO days after receipt by the regional planning agency of notice of public hearing. (5) (a) When the proposed development of regional impact lies within the review jurisdiction of two or more regional planning agencies, the Division may designate a lead agency to assume responsibility for determining the sufficiency of information contained in the application for development approval and for preparing the regional report and recommendations. (b) Upon completion of the staff report and recommendations, copies should be transmitted to the respective regional planning agencies for formal action. (c) The regional report and recommendations adopted by formal action of the respective regional planning agencies where possible should be coordinated and consistent. Upon concurrence by each regional planning agency, the report and recommendations should be submitted to the appropriate local governments pursuant to Subsection 380.06(11), Florida Statutes. When the reviewing agencies are unable to concur in the adoption of a joint report and recommendations, each agency may prepare and submit to the local government within its jurisdiction a separate report and recommendations. Specific Authority 20.05,120.53(1), 380.032(2), 380.06(22) FS. Law Implemented 120.53(1), 380.021, 380.06(11) FS. History--New 7-7-76i Amended. Previously 22F-l.22, 27F-l.22, 9B-16.24. 9J-2.25 Local Development Orders (1) This rule provides the form, manner of rendition and contents for development orders issued by local governments in Florida for Developments of Regional Impact. A development order shall: (a) Be rendered in the manner provided in this rulei (b) Be in the form specified by this rulei (c) Contain those items required by this rule; and (d) Otherwise meet the requirements for a development order provided in this rule. 21 2. Establish expiration dates for the development order, including a deadline for commencing physical development, for compliance with conditions of approval or phasing requirements, and for termination1 and 3. Specify the types of changes to the development, in addition to those listed under Subsection 380.06(17), P10rida Statutes, which shall require a substantial deviation determination under Subsection 380.06(17)(a), Plorida Statutes, or which shall be deemed to constitute a change that requires further development of regional impact review. (5) Within 30 days after the Development of Regional Impact public hearing, the local government shall render a decision on the application for development approval in the form of a development order unless an extension of time is requested in writing by the developer. However, no developer may undertake a development of regional impact prior to approval of the development under the requirements of Section 380.06, Plorida Statutes, and these rules unless the developer has obtained an agreement with the Department of Community Affairs, pursuant to Subsection 380.032 (3), Florida Statutes. (6) Complete copies of all development orders issued pursuant to Section 380.06, Florida Statutes, including any amendments or modifications to previously issued development orders, shall be transmitted by the local government to the Bureau of Land and Water Management, to the appropriate regional planning agency, and to the owner or developer of the property subject to such order as soon as possible. A development order shall take effect upon transmittal to the parties specified in Section 380.07(2), Florida Statutes, unless a later effective date is specified in the order. The effectiveness of a development order shall be stayed by the filing of a notice of appeal pursuant to Section 380.07, Florida Statutes. (7) The development order shall specify the requirements for the annual report as required in Subsections 380.06(14) and (16), Florida Statutes. The annual report shall be submitted to the Bureau of Land and Water Management, the appropriate regional planning council and local government on Form BLWM-07-85, effective June 1, 1985, and incorporated herein by reference. Every development order shall require the annual report to include the following: (a) Any changes in the plan of development, or in the representations contained in the ADA, or in the phasing for the reporting year and for the next year1 (b) A summary comparison of development activity proposed and actually conducted for the year1 (c) Undeveloped tracts of land, other than individual single family lots, that have been sold to a separate entity or developer1 24 ., ." 3. The name of the developer; A statement that: 4. a. The application for development approval is approved; or The application for development approval is approved to conditions, specifying the conditions; or b. subject c. The application for development approval is denied, specifying the reasons for denial and changes in the development proposal, if any, that would make it eligible to receive a development approval; and S. If approved, describe the development which is approved specifying and describing acreage attributable to each described land use, open space, areas for preservation, green belts, structures or improvements to be placed on the property including locations, acreage, square footage, number of units, and other major characteristics or components of the development; and 6. Findings of fact and conclusions of law addressing whether and the extent to which: a. The development unreasonably interferes with the achievement of the objectives of an adopted state land development plan applicable to the area; and b. The development is consistent with the local land development regulations and the adopted local comprehensive plan; and c. The development will be consistent with the report and recommendations of the regional planning agency submitted pursuant to Subsection 380.06(11), Florida Statutes; and 7. A legal description of the property including the acreage; and 8. The monitoring procedures and the local official responsible for assuring the development's compliance with the development order; and 9. Specification of the requirements for the annual report designated under Subsection s 380.06 (14) (c) (3) and (16), Flor ida Statutes, including the date of annual submission, parties to whom the report is to be submi tted, and contents of the report as specified by Rule 9J-2.2S(6), Florida Administrative Code. (c) A development order may contain provisions which: 1. Incorporate into the development order by reference the application for development approval and other relevant written documents; and 23 (10) If a development order is issued approving or approving with conditions the application for development approval, 8ubsequent requests for local development permits need not require further development of regional impact review by the regional planning agency unless otherwise stipulated in the development order. Factors requiring further develop.ent of regional impact review shall inClUde, but shall not be limited to: (a) A substantial deviation from the terms or conditions in the development order or other changes to the approved development plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which have not been evaluated in the review by the regional planning agencYr or (b) Expiration of the period of effectiveness of the development order; or (c) Conditions in the development order which specify circumstances in which the development will be required to undergo additional development of regional impact review. ,~~ (11) A substantial deviation determination: (a) Finding a change to a previously approved Development of Regional Impact to be a substantial deviation, shall be rendered in the form of a development order consistent with the provisions of Subsection (2) and Paragraphs (4) (a)l, (4) (a) 5, (4) (b)l, (4) (b)2, and (4) (b)3 of this section and shall contain a statement of the basis for the determination. " (b) Finding a change to a previously approved Development of Regional Impact not to be a substantial deviation, shall be in the form of a development order consistent with all of the provisions of Subsections (1), (2) and (3) of this section and those provisions of Subsections (4), (6), (7), (8), and (9) of this section that are applicable and appropriate to address the approved changes to the previously approved plan of development. Specific Authority 20.05,120.53(1),380.32(2), 380.06(22) FS. Law Implemented 120.53 (1) , 380.021, 380.06 (13) and (14), (16) and (17), and 380.07(2), PS. Bistory--New 7-7-76; Amended 5-4-83; Amended 7-7-85. Previously 22F-l.23; 27F-l.23; 9B-16.25 9J-2.26 Appeals. (1) Any local government development order regarding a development of regional impact may be appealed pursuant to Subsection 380.07(2), Plorida Statutes. (2) When the state land planning agency or an appropriate regional planning agency identifies a disputed issue that may be the basis of an appeal of a local development order, the agency should attempt to resolve the dispute prior to the issuance of the development order or the filing of the notice of appeal. 26 .." ..., (d) 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; (e) An assessment of the developer's and the local government's compliance with the conditions of approval contained in the DRI development order and the commitments which are contained in the Application for Development Approval and which have been identified by the local government, the Regional Planning Councilor the Department of Community Affairs as being significant; (f) Any known incremental DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year and to be filed dur ing the next year; (g) An indication of a change, if any, in local government jurisdiction for any portion of the development since the development order was issued; (h) A list of significant local, state and federal permits which have been obtained or which are pending by agency, type of permit, permit number and purpose of each; (i) 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 (j) A copy of any recorded notice of the adoption of a development order or the subsequent modification of an adopted development order that was recorded by the developer pursuant to Subsection 380.06(14) (d), Florida Statutes. (k) The annual report for an Areawide or a Downtown DRI shall only be required to include the information required in Paragraphs (a), (b), (e), (f), (g), (i), and (j) of this Subsection. (8) Where possible, local governments shall issue development orders concurrently with any other local permits or development orders that may be applicable to the proposed development. A local government shall not issue any permits authorizing development of all or a portion of a DRI prior to the issuance of a development order for the DRI unless such development is authorized in an agreement entered into pursuant to Subsection 380.032 (3), Flor ida Statutes and Rule 9J-2.18, Florida Administrative Code. (9) Pursuant to Subsection 380.06(15), Florida Statutes, the local government issuing the development order shall establish procedures and assign staff responsibilities for monitoring the development and enforcing the terms of the development order. 25 (3) Pursuant to Section 380.11, Florida Statutes, the Department, all state attorneys, and all counties and municipalities may bring an action for injunctive relief against any person or developer found to be in violation of Chapter 380, Florida Statutes, or any rules, regulations or orders issued thereunder. Specific Authority 20.05, 120.53(1), 380.032(2), 380.06(22) FS. Law Implemented 120.53(1), 380.021, 380.06(14)-(17), 380.11 FS. Bistory--New. Previously 98-16.27. 9J-2.28 Master Development Approval Alternative Review Procedure. (1) If a proposed development is planned for development over an extended period of time, the developer may seek to follow an alternative development of regional impact review procedure by filing an application for master development approval of the project and agreeing to present subsequent increments of the development for preconstruct ion review pursuant to Paragraphs 380.06(20) (b)-(c), Florida Statutes. This alternative procedure shall follow development of regional impact procedures established by statute and rule but shall not be used for the optional coordinated review process specified in Subsection 380.06(8), Florida Statutes. Where such a procedure may be appropriate, the developer shall consult with the local government and the regional planning agency regarding information to be providedJ the timing of review of phases, increments, or issues related to regional impacts of the proposed development; and any other considerations that must be addressed in the application for master development approval and the agreement required by Paragraph 380.06(20)(b), Florida Statutes. The agreement shall be entered into by the developer, the regional planning agency, and the local government having jurisdiction before the application for master development approval is filed. (2) In determining sufficiency of information contained in an application for master development approval, the regional planning agency shall give consideration to: the adequacy and availability of sufficient, reliable informationJ the necessity of subsequent review of phases, increments, or issues related to regional impactsJ additional information which may be required in subsequent incremental applications; and issues which could result in the denial of an incremental application. (3) Prior to adoption of the master plan development order, the developer, the landowner, an appropriate regional planning agency and the local government having jurisdiction shall review the draft development order and, if appropriate, related agreements to ensure that the requirements of Paragraph 380.06(20)(b), Florida Statutes, are met. In addition, the development order and any related agreements shall: (a) Adequately address anticipated regional impacts considered in the application for master development approval and 28 ~ ~ Specific Authority 20.05,120.53(1),380.032(2),380.06(22) FS. Law Implemented 120.53(1),380.021,380.07(2) FS. Bistory--New. Previously 98-16.26. 9J-2.27 Monitoring and Enforcement. (1) The Department shall seek assistance from other state agencies, regional agencies and local governments in identifying potential developments which appear to be developments of regional impact because of their character, magnitude or location. (a) The Department shall request state and regional agencies to notify the regional planning agency with jurisdiction or the Department of such developments. (b) If a local government is in doubt as to whether or not it has authority to review a proposed development as a development of regional impact because of its character, magnitude or location, it may request that the developer obtain a binding letter of interpretation from the Department. (2) The Department shall seek assistance from state agencies, regional agencies, and local governments in identifying, monitoring and enforcing the requirements of Chapter 380, Florida Statutes, any DRI development order issued by a local government, and any order contained in a binding letter of interpretation issued by the Department. (a) The local government issuing the DRI development order is primarily responsible for monitoring and enforcing the provisions of the development order and making substantial deviation determinations pursuant to Subsections 380.06(14) and (17), Florida Statutes. Local governments shall not issue any permits or approvals or provide any extensions of services if the developer fails to act in substantial compliance with the development order. (b) The regional planning agency shall send copies of local government DRI development orders, or relevant portions thereof, to state or regional agencies that either have participated in the review of the development of regional impact, or are identified as having planning or permitting responsibilities related to tbe development of regional impact and have requested copies of development orders. (c) The regional planning agency shall review the annual report required by Subsection 380.06(16), Florida Statutes, and other information available to the agency and, when appropriate, notify the Department of potential violations of Section 380.06, Florida Statutes. . 27 (b) Questions in the application for development approval that are not appropriate for a downtown development area may be eliminated from the application by agreement between the regional planning agency and the downtown development authority pursuant to Subsection 380.06(7), Florida Statutes, and adopted rules of the regional planning agency; (c) In addition to the requirements for a development order specified in Subsections 380.06(14) and (21), Florida Statutes, and Section 9J-2.25, Florida Administrative Code, the development order shall specify a procedure for monitoring: 1. The amount of land use development occurring in each land use category pursuant to Paragraph 380.06(21) (b), Florida Statutes; 2. The remaining capacities in public facilities and services and the condition of natural resources or archaeological or historical resources that are impacted by, or are pertinent to, the approved downtown development application and development order. (d) In addition to the requirements for the annual report pursuant to Paragraph 380.06(14)(c), Florida Statutes, and Subsection 9J-2.25(5), Florida Administrative Code, the annual report for an approved downtown development project shall include: 1. A comparison of the amount of development approved in each land use category and the amount of land use actually developed as of the end of the year; and 2. A comparison of the remaining capacities in public facilities and services and the conditions of natural resources or archaeological or historical resources with the projected needs and impacts of the yet undeveloped land uses approved in the downtown development application and development order. (e) By written agreement the Division of Resource Planning and Management, the local government with jurisdiction, the downtown development authority and the regional planning agency may agree to eliminate or modify the requirements for the annual report established in Subsection 9J-2.25(5), Florida Administrative Code, which are not appropriate for an areawide downtown development application. Specific Authority 20.05,120.53(1),380.032(2),380.06(22) FS. Law Implemented 120.53(1), 380.021, 380.06(21) FS. Bistory--New. Previously 9B-16.29. 9J-2.30 is Reserved. subpart C--Development of Regional Impact Procedures in Unregulated Jurisdictions. ~n ~ ~ the report and recommendations of the regional planning agency; (b) Specify which regional issues have been sufficiently reviewed, (c) Deny, approve or approve with conditions the conceptual or master plan development and any initial increments or phases of development that may be appropriate and that have been reviewed by the regional planning agency; (d) Define presently known information requirements for, and issues which are subject to, further review upon submission of subsequent incremental applications for development approval; and (e) Identify issues which can result in denial of subsequent applications. (4) The review of subsequent incremental applications shall be as prescribed in Paragraph 380.06(20)(b), Florida Statutes. Substantial changes in conditions underlying the approval of the master development order or substantially inaccurate information upon which the master development order was based are to be construed to mean changed conditions or inaccurate information that creates a reasonable likelihood of additional adverse regional impact or any other regional impact not previously reviewed by the regional planning agency. (5) This rule shall not be construed to limit or modify statutory responsibilities of regional planning agencies, local governments or the Department in complying with Section 380.06, Florida Statutes. Specific Authority 20.05, 120.53(1), 380.032(2), 380.06(22) FS. Law Implemented 120.53(1), 380.021, 380.06(20) FS. History--New 7-7-76; Amended. Previously 22F-l.24, 27F-l.24, 9B-16.28. 9J-2.29 Downtown Development DRI Application. (1) A downtown development authority may submit a development of regional impact application for development approval pursuant to Subsection 380.06(21), Florida Statutes and Paragraph 9J-2.22(1)(c), Florida Administrative Code. (2) In addition to the requirements specified in Subsection 380.06(21), Florida Statutes, the fOllowing shall apply: (a> Upon request of the downtown development authority, the regional planning agency shall request that representatives of local government with jurisdiction over the land area participate in the preapplication conference arranged pursuant to Subsection 380.06(7), Florida Statutes, and Section 9J-2.21, Florida Administrative Code; 29 k subject to the requirements of Section 380.06, Florida Statutes, relating to development of regional impact review and permitting procedures, when the rule designating the area of critical state concern so provides. Specific Authority 20.05, 120.53(1), 380.032(2), 380.06(22) FS. Law Implemented 120.53(1), 380.021, 380.05-.06 FS. Bistory--New 7-7-76. Previously 22F-l.30, 27F-l.30, 98-16.33. 9J-2.34 through 2.37 Reserved. '2" ~ v 9J-2.3l Ninety Day Notice Requirement. (1) Prior to undertaking development, a developer proposing a development of regional impact in an unregulated jurisdiction shall submit a written notice to the Division of Resource Planning and Management and to any local government having jurisdiction to adopt zoning or subdivision regulations for the area in which the development is proposed. The notice to the Division of Resource Planning and Management shall be by a completed copy of Form BLWM-05-83 as listed in Section 9J-2.l7, Florida Administrative Code. The form shall be transmitted by certified mail, to establish a date certain of receipt. (2) Within 90 days of receipt of the form specified in Subsection (1) of this section: (a) Any local government with jurisdiction may adopt zoning or subdivision regulations. If a zoning or subdivision regulation is adopted during the 90-day period, the developer shall file an application of development approval as required by Subsection 380.06(6), Florida Statutes, to commence development of regional impact review and permitting procedures. (b) The state may designate the area within which the development is proposed as an area of critical state concern. If such an area of critical state concern is designated during the 90-day period, the developer shall comply with the requirements set forth in Section 380.05, Florida Statutes, and Section 9J-2.33 of these rules. (3) If, after 90 days from the receipt of notice specified in Subsection (1), no zoning or subdivision regulations have been adopted by the local government, nor an area of critical state concern designated, the developer may undertake the proposed development of regional impact. (4) Any substantial changes from the proposed development as set forth in the notice to the Division of Resource Planning and Management specified in Paragraph 9J-2.3l(2)(a) shall require a new 90-day notice under Paragraph 380.06(5)(c), Florida Statutes. Specific Authority 20.05,120.53(1), 380.032(2), 380.06(22) FS. Law Implemented 120.53(1), 380.021,380.05-.06 FS. Bistory--New 7-7-76; Amended. Previously 22F-l.27, 27F-l.27, 98-16.31. 9J-2.32 is Reserved. Subpart D--Development of Regional Impact Procedures in Areas of Critical State Concern. 9J-2.33 Areas of Critical State Concern. If a proposed development of regional impact is located within an area of critical state concern the developer shall be ;, ~tJAJc- CITY of BOYNTON BEACH ~ Q) 120 E. Boynton ,. . /....:, P. O. Box 310 :',4" Boynton Beach, Beach Blvd Florida 33425-0310 (305) 734.-811] 23 August '85 Mr Wade Riley Riteco Development Corporation 1300 West Lantana Road, Suite 201 Lantana, FL 33462 Dear Wade, The following is a list of trees which the City of Boynton Beach has received in donations from the Riteco Development Corporation The trees are presently kept at the City Nursery and will be planted on public properties throughout the City. HEIGHT CONTAINER SPECIES (FEET) SIZE QUANTITY Bischofia 3-4' 15 gal 130 Bottlebrush 3-4' 15 gal 96 Golden Rain Tree 4-5' 15 gal 89 lbng Kong Orchid 3-4' 15 gal 39 Live Oak 2-3' 15 gal 55 Mahogany 3-4' 15 gal 24 Poinciana 5-6' 15 gal 79 Queen Crape Mrytle 2-3' 15 gal 88 Rosewood 2-3' 15 gal 129 TOTAL 729 There are an additional two-hundred and twenty-five fifteen gallon size con- tainers which were donated We will also use these materials in plant/tree growing practices in the nursery operation I would like to thank you and your organization on behalf of the City of Boynton Beach for your donations and interest in the beautification of Boynton Beach Sincerely, y-!""OL 1-4.- #~.I/'J~~ Kevin John Hallahan Forester/Horticulturist CC Carmen Annunziato, Planning Director Charles Frederick, Director, Recreation & Park Dept John Wildner, Parks Superintendent KH/ad " - f> MEMORANDUM 21 April 1986 TO: Peter L Cheney, City Manager FROM: Carmen S Annunziato, Planning Director RE: Boynton Beach Park of Commerce - Action taken by Treasure Coast Regional Planning Council Accompanying this memo you will find three documents as follows: 1 Memorandum to Council Members - Agenda Item SA. 2 Memorandum to Council Members - Agenda Item SA Addendum, and, 3 Memorandum to File dated April 16, 1986 from Michael Busha As noted in the recommendation in the addendum, the Council's staff and the developer are in accord with respect to the submission of additional information by Deutsch-Ireland, and the memo to file amplifies on the nature of the materials to be submitted and the position taken by the City's staff The Council, in turn, approved the recommendation in the addendum offered by staff on April 18, 1986 These materials should be added to Council's backup information for the April 22, 1986 public hearing ~~E~S SA~NUN~ /bks MEMORANDUM 21 April 1986 TO Peter L Cheney, City Manager FROM: Carmen S Annunziato, Planning Director RE Boynton Beach Park of Commerce - Action taken by Treasure Coast Regional Planning Council Accompanying this memo you will find three documents as follows 1 Memorandum to Council Members - Agenda Item SA 2 Memorandum to Council Members - Agenda Item SA Addendum, and, 3 Memorandum to File dated April 16, 1986 from Michael Busha As noted in the recommendation in the addendum, the Council's staff and the developer are in accord with respect to the submission of additional information by Deutsch-Ireland, and the memo to file amplifies on the nature of the materials to be submitted and the position taken by the City's staff The Council, in turn, approved the recommendation in the addendum offered by staff on April 18, 1986 These materials should be added to Council's backup information for the April 22, 1986 public hearing c~ SC ~ CARMEN S ANNUN~ATO /bks ~ .~ TREASURE COAST REGIONAL PLANNING COUNCIL M E M 0 RAN DUM To Council Members ,llGFlIDA 11E'1 5-A From Staff Date April 18, 1986 Council Meeting Subject Boynton Beach Park of Commerce - Proposed Amended Master Site Development Plan and Development Order Overview Proposed amendments to the Boynton Beach Park of Commerce Master Site Devel- opment Plan (Attachment A), and Development Order (0 0.) (Attachment B), have been submitted to Council by the developer for review pursuant to th~ provisions of Section 380 06(19), Florida Statutes. Pursuant to Counci l's administrative procedure, the City of Boynton Beach has been notified of Council's intent to participate at the local public hearing pending Council's formal consideration of the application. Council must now eva1 uate the proposed changes and determi ne whether the changes constitute a substantial deviation and whether Council should be present at the local public hearing. Background The Boynton Beach Park of Commerce is a 539.9-acre project containing commercial, office, and light industrial uses Council completed its assessment in September 1984, and the City of Boynton Beach issued the 0 0 in December 1984 The D.O. has not been amended to date The proposed changes to the Master Site Development Plan include adjust- ments to land uses to incorporate a Sand Pine Scrub preserve area and city park, refinements to road alignments, refinements to parcel sizes, and revision of project phasing to a single public improvement construction and marketing phase The proposed amendment to the D O. incorporates the revised Master Site Development Plan into the D 0 Analysis Section 380 06(19), Florida Statutes, sJ:"'cifies that a substantial devia- tion occurs when any proposed change to a previously approved Development of Regional Impact creates a reasonable likelihood of additional regional impact or creates any type of regional impact not previously reviewed by the Council A substantial deviation also occurs when any of the specified criteria listed in Section 380 06(19)(b) and (c), Florida Statutes, is met or exceeded .. .. '" The changes proposed in the Master Site Development Plan and D O. relate to transportation impacts and impacts on Sand Pine Scrub habitat The adjustments to land use, refinements to road alignments, to parcel sizes, and revisions of project phasing could potentially create addi- tional impacts on the regional roadway network Section 380 06(19){bj(15), Flori da Statutes i nd icates that a proposed change creates a substantial deviation if there is at least a 15 percent increase in the number of exter- nal trips generated by the development above that which was originally projected. However, the proposed changes result in a reduction in external trip generation as well as a slight reduction in overall trip generation The proposed change to a single phase for public improvement construction and marketing does not create any additional impacts on the transportation network. The D 0 conditions dealing with transportation improvements are worded so that required improvements are tied to the number of external trips generated or maintenance of Level of Service C/D regardless of the development timeframe. The D.O further requires that the developer monitor traffic conditions and report the findings to the City, the County, and the Council annually Based on the above ana lys is, the proposed amendments to the Plan and D 0 do not create a substantial deviation with respect to impacts on the regional roadway network. The threshold for increase in external trip gene- ration is not exceeded, and the specific wording of the D 0 conditions concerning the mitigation of traffic impacts prevents any substantial devia- tion due to the phasing change Adjustments to land uses have been made to incorporate a Sand Pine Scrub preserve area according to the requirements of the D 0 Condition 6 of the D O. specifies, in part, that liThe developer shall preserve in viable condition a mlnlmum of forty (40) acres of Sand Pine Scrub canopy, understory, and groundcover vegetat ion Pri or to commencement of any c 1 eari ng 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 II The original Master Site Development Plan did not specify the location of the Sand Pine Scrub preservation area The proposed amended Plan del'1eates a preserve area, but staff does not believe that this Plan results in preservation of a minimum of 40 acres of Sand Pine Scrub habitat The Plan appears to preserve less than 40 acres of this partic- ular plant community type It is also not clear that the Plan results in preservation of sufficient Sand Pine Scrub habitat to provide for any endangered and threatened animal species which occur on-site Data to support the adequacy of the preserve area to accommodate exi st i ng popu 1 a- tion numbers have not been provided to Council -2- ~ ;10 >> The amended Development Plan also includes an attachment submitted as the littoral zone and wetlands management plan required in D 0 Condition 9 This Plan does not address all of the requirements specified in D O---condi- tion 9, however Based on the above analysis, the proposed adjustments to the Maste-r Site Development Plan and amendment to the D 0 are considered to be substantial deviations Council's concerns over Sand Pine Scrub habitat and wetland/ 1 ittora 1 zone management are not adequately addressed, and the proposed changes create a reasonable likelihood of additional regional impact Summary The proposed amendments to the Master Site Development Plan and D 0 are considered to be substantial deviations. Because the proposed amended Master Site Development Plan is to be incorporated into the DO, it is appropriate for Council to participate at the local public hearing on these proposed changes. Council should inform the local officials of Council's position in this matter to preserve Council's juriSdiction over any amended D O. Recommendation Council should direct staff to participate at the local public hearing on the proposed changes to the Boynton Beach P ark of Commerce Development of Regional Impact in order to present Council's review and analysis of the proposed changes and to preserve Council's juri sd i ct i on over any amendea Development Order Attachments -3- ) - ,,, 9!Ji~ j "'CJ..}J= ::1'& ., ) -"\ .., ,,)" :ut --~~ -,~- ; ~- ~,,~"'j j~,n~::::;~ MASTER SITE DEVELOPl\1ENT PLAN :r~ n. ..e..... L. aD... ... ....C..,... l..c. ~ : 0::11_,1"" ;.lol....-o~"'O....IO ..,...1::1 .~~ ~ ') ):> J~ ~ ..#0- -.,~, , .......-~~ - ~- (~ ' . \J ,1 \1 }- --'---"- ,. ~ ==;I' ~ oJ....... ~~ - -:::- -').,~ ~ , , ~ }~~ ~~~ ~~- ---- ,j?. ~ ~~ ~r:~ d ~ " jn -.-. ./ ~\ '" 1 1 I) ~ . _I - -~- -=- -~~..---- , '\ - \( \ " \' r l tl=- .- .--~ --- ." , ,'" ; '_ : .,,_/ ), '-l.. -'I; :l . , ~~~.. \ +_,.J-. ==-=-r-ci' =- ,~ "') ,) ~ 1 (1'....... MSP-l A ~ ,...,... \or .-, r- C i..-J .- --., : r- \ --- .._.; -"... ..... 101.9 ac:. c".. __ u_ -- - 30." CQ___ct.t..lf..-~ acnc. ~ \ 311 .c. ("",..trtai l4.4.1 oIC. R....rc..O"'.o_' 1,.....'11"- 53.3 ..c. 00-- S...-,.....- t..,/r,.. .--- M-JI -. .......,&...- ......~ - nmJ'l'SCU.ntF.LANll -'" _ l"ll'I'Jn1Jl.ll .:-----. .--- ; ~ ._- --~.....- ..... .__~Oe"- ...... ~i ~ ......-.-. II.... --~ :\ ~l t=j F= - '50.... p.... fI'~ RoM- -' rOTA'" '0.0 J3.9 ')399 .aC ...--"....... ..-- A .......-;.,. . ATTACHMENT A J;I 1Il E 'i ., I ,~ ~;1 :),; p ~ . . .. .. ! .i 'b ,;"-- ~/~ j"~...s:oQ J1f~~ 1'\. , ~~~ '~I:Il:i~ t;..1 ~cbCl_,':.3 ",000 ~-.. J'I,..:J =oJ .,.. r ----' -----./ ----.-- i '- ..., ~. DEUTSCH IREL.AlW PROPERTIES IIIE..... T TO ran I.AUDCJtOAL.C O""CC January 21, 1986 Mr. Peter Cheney, City Manager City of Boynton Beach 120 N.E. Second Avenue P O. Box 310 Boynton Beach, Florida 33435 - _ i , ,\--;" -."..~ .. .......... ~,'!' .".. .a ..1oI<.,b.... RE. Requested Development Order Amendments Boynton Beach Park of Commerce Dear Mr. Cheney. As part of our submittal requesting approval of the Amended Master Site Development Plan for the Boynton Beach Park of Commerce, Deutsch/Ireland Properties hereby requests an amendment to the above captioned Development Order, City Ordinance #84-51 passed December 18, 1984, as follows 1 Section #3 The Amendment application procedure and the subsequent proceedings h~ve been duly conducted pursuant to the provision of Florida Statutes, Chapter 380 2 Section #4 subsection (1) Paragraph (C) shall be added as follows: (c) Boynton Beach Park of Commerce ADA, Amended Master Site Development Plan submitted 21st January, 1986 3 References throughout the Development Order shall be revised to conform to the Amended Master Site Development Plan, as approved. Such revis~ons shall be made in the interest of consistency and clar~tj For your use in reviewing this request, attached hereto ~s a copy of the proposed Amended Master Site Development Plan E9~E W ZI~RMAN ~rRECTOR OF PJANNING & DESIGN J GZ CC ak Mr Thomas K Ireland ~r Edward 3 Deutsch Jon C. Moyle, Esqu~re ./ SUITE 1106-INTERNAT10NAL aUILDING-2455 E. SUNRISE OOULEVARO-FORT LAUDERDALE. FLORIDA 33304 .l3051 564-5114 ATTACHMENT B THE BUILDING. 1125 NORTHEAST 125 STREET NORTH MIAMI. F\.uAIOA 33161 . (3051891.6006 AFFILIATES. BAOLEt~ REALTY &, MANAGEMENT CORP MITA CON$TRUCTJOtl CORP -"':-;t _ , 1-..~ ,~ ~f.-:~.\\-: r ~:,_ ~ 1t' -t .- ,~ '."J 1'1 To .l)a.U- C '1 M b ""';:;'-'",'+'~'fj~~:,~, ounc 1 em ers \~j;?j~~;~i From)" ,~~ -.t.." (",-, .. ~; ;'~.,r' '.,.?r Date April 18,},9.86 Council Meeting ':-. -ie" .~:t!'t,' ., ~J ...'~ '.7'~-:;'. ' "'Subject~ Boynton' Beactl~ Park of Commerce .:~~ Deve 1 opment;; ,"Jan and Development . i;i~~~i/~~t.~ ,.;~i~ '~~f{;'-{l~'; -.~l} The' staff report on 'the proposed Amended Master Site Development Plan and ',~ , . Development Order (0.0 ) for the Boynton Beach Park of Commerce concludes "1; ._J~~,that,..,;the pro~o~ed ~h~nges represent a sUb,stanti a 1. deviation and recomm~nds .~( '. '."/;',1~j~~OU~C11 ~p.artlclpatlon at the local publlC hearln.~"to preserve Councl1;'~." ...f~f-;~~.i:i ,,' l~;~Jurlsdlctlon over any amended D.O. ~'~;";.". ",,--''''?t.;~' f?~T;.5:i' '.~ ' ~. ,i. ' :-',. ~~~'i Following the preparation of ~the staff report, ;'representatives of the :N~~~~ deve 1 opment and offi ci a 1 s from the City of Boynton Beach met with staff to discuss additional data necessary to meet the requirements of 0 0 Condi- tion 9 (establishment of littoral zone/freshwater hardwood swamp areas and development of related management plans) and to discuss whether the Sand Pine Scrub preserve area and management plan fulfill the requirements of 0.0 Condition 6 TREASURE COAST REGIONAL PLANNING COUNCIL M E M 0 RAN 0 U M .' .~. jr- ~~ ~ , ~ ,..j " ~?'_i . " ftGENDA IlB1 5-A ADDENDLM t:l~~0t ?,: ~~ y;- '~K~~L .{it'. ~';'f ~~?~ Staff 't~ r' Proposed Amended Master Site Order r;..H;:~;~' ~f~rtfl~y~:~t~~'; '~;~~;"1 t~3 ~i-'f~ At the meeting the developer I s representatives ind icated that the C additional data necessary to meet the requirements of 0 O. Condition 6 for the establishment and maintenance of littoral zones and freshwater hardwood swamp habitats will be submitted to Council Additional material has been submitted to staff with regard to the Sand Pine Scrub preserve area and management plan. Staff has therefore conceptually approved the preserve area designated on the amended Development Plan, but has indicated that final approval is contingent upon receipt of three additional pieces of information, which the developer has agreed to provide Recommendation Counc il staff and the deve 1 oper are in agreement as to what add it i ona 1 information will be required in order to adequately address 0 0 Conditions 6 and 9 However, because this material is still outstanding, it is still appropriate for Council to participate at the local public hearing. Council should direct staff to participate at the local public hearing on the proposed changes to the Boynton Beach P ark of Commerce in order to preserve Council's jurisdiction over any amended Development Order .~ \Y M E M 0 RAN 0 U M To File Michael Busha tlf> Apri 1 16, 1986 From Date Subject Boynton Beach Park of Commerce DRI At the request of the owners of Boynton Beach Park of Commerce, I met with representatives of the development and with officials from the City of Boynton Beach on April 15th (see attached). Topics of discussion dealt mainly with 1) what additional data would be necessary to meet the requirements of DRI Development Order Condition 9 (i.e., establishment of littoral zone/freshwater hardwood swamp areas and development of related management plans), and 2) whether or not the Sand pine scrub preserve area depicted on the recently reviewed master plan (see attached) and the manage- ment plan prescribed to'enhance and maintain the ecological functions and values of this area fulfill the requirements of DRI Development Order Con d it i on 6. DRI Development Order Condition 9 It was indicated by the developer that what had been submitted to date (i.e , revised master plan) was not intended to satisfy the requirements of this condition It was indicated that complete design and management plans for establishing and maintaining littoral zones and freshwater hardwood swamp habitat as part of the final surface water management plan system will be submitted Staff reiter- ated the requirements of Condition 9 Staff further explained that submitting a model or typical lake design would be sufficient if a specified commitment was included in the plan which provided assurances that all lakes planned to satisfy Condition 9 would be constructed and vegetated consistent with the model It was indicated this approach could be taken rather than submitting design plans for approval on a lake by lake basis However, staff expressed that it be specified on the master plan where littoral zone and freshwater hardwood swamp habitat would be located and how the acreage would be distributed within the proposed surface water management system The City of Boynton Beach was in agreement with either approach DRI Development Order Condition 6 It was indicated by the developer that the Sand pine scrub preserve area identified on the previously submitted revised master plan was not intended to satisfy the requirements of this condition. Since ......+ ...... that submittal staff has received a management plan which 1)-- describes physical and biological characteristics of scrub on-site, 2) provides discussion regarding the pros and cons of various approaches to preserving functions and values of scrub on-site consis- tent with Development Order requirements, 3) provides valid conclu- sions regarding why the preserve area initially shown on the revised master plan is the most viable alternative for preserving scrub func- tions and values on-site, and 4) prescribes management procedures for enhancement and maintenance of the scrub community within the preserve area Staff indicated that the management plan and the scrub preserve area identified in the revised master plan would be acceptable with the understanding that the following additional information be included in the final management plan 1. Conceptual plans depicting the extent and location of any board- walk(s) proposed in the scrub preserve area and how the board- wa1k(s) would be managed for educational purposes and maintained 2 Provide a specified commitment defining the developer's fiscal and management responsibilities (i e., who will be responsible for management of the preserve and who will pay for its man agemen t ). 3 The scrub preserve area currently only provides between 30-33 acres of the 40 acres of Sand pine scrub habitat required by Condition 6 It was requested that the management plan identify where the remaining 7-9 acres would occur on-site and how this would be maintained based upon its location and distribution on the property The City of Boynton Beach was in agreement with all points discussed above With regard to addressing the scrub shortage within the preserve area, staff offered three approaches that would be considered acceptable 1) preserve the additional scrub habitat within land- scaped areas, 2) create scrub "fingers" within dry prairie habitat within the preserve, and 3) utilize a combination of both approaches to make up the difference. The City of Boynton Beach was only in full agreement with approach No 2 The City preferred that all the scrub preserved on the property be contained within the identified scrub preserve area The City was concerned over how scrub scattered through the landscaped areas would be accounted for and protected from development in the future ~~ .. .... The meeting closed with a recommendation from the developer to amend -- April's Agenda Item 5-A to inform Council of what transpired at the meeting and to specifically indicate that 1) the developer has informed staff that appropriate design and management plans would be submitted for the establishment and maintenance of required littoral zones and freshwater hardwood swamp habitat, and 2) staff has conceptually approved the designa- tion of the scrub preserve area shown on the revised master plan, and the scrub management plan, with the understanding that final approval will be contingent upon receiving the additional information requested above. I was in agreement with the request by the developer as was the City of Boynton Beach. It is my recommendation that an addendum to Agenda Item 5-A be drafted to this effect. Because of the information and documents outstanding that will be required for staff to form a final opinion on the consistency of the revised master plan with the DRI Development Order, I would also recommend that this addendum be provided for informational purposes only and that we still request Council to approve our attendance at the local public hearing. MB cb Attachments TREASURE COAST REGIONAL PLANNING COUNCIL M E M 0 RAN DUM To Counc i 1 Members AGFJIDA I!P1 5-A From Staff Subject April 18, 1986 Council Meeting Boynton Beach Park of Commerce - Proposed Amended Master Site Development Plan and Development Order Date Overview Proposed amendments to the Boynton Beach Park of Commerce Master Site Devel- opment Plan (Attachment A), and Development Order (0 0 ) (Attachment B), have been submitted to Counci 1 by the developer for review pursuant to the provisions of Section 380 06(19), Florida Statutes Pursuant to Council IS administrative procedure, the City of Boynton Beach has been notified of Council's intent to participate at the local public hearing pending Council's formal consideration of the application Council must now eva 1 uate the proposed changes and determi ne whether the changes const i tute a substantial deviation and whether Council should be present at the local public hearing Background The Boynton Beach Park of Commerce is a 5399-acre project containing commercial, office, and light industrial uses Council completed its assessment in September 1984, and the City of Boynton Beach issued the D 0 in December 1984 The D O. has not been amended to date The proposed changes to the Master Site Development Plan include adjust- ments to 1 and uses to incorporate a Sand Pi ne Scrub preserve area and city park, refinements to road alignments, refinements to parcel sizes, and revision of project phasing to a single public improvement construction and marketing phase The proposed amendment to the 0 0 incorporates the revised Master Site Development Plan into the D 0 Analysis Section 380 Q6(19"), Florida Statutes, s~"'cifies that a substantial devia- tion occurs when any proposed change to a previously approved Development of Regional Impact creates a reasonable likelihood of additional regional impact or creates any type of regional impact not previously reviewed by the Council A substantial deviation also occurs when any of the specified criteria listed in Section 380 06(19)(b) and (c), Florida Statutes, is met or exceeded -- 'Wi>' . The changes proposed in the Master Site Development Plan and 0 0 relate to transportation impacts and impacts on Sand Pine Scrub habitat The adjustments to land use, refinements to road alignments, to parcel sizes, and revisions of project phasing could potentially create addi- tional impacts on the regional roadway network Section 380 06(l9)(b)(15), Flori da Statutes i nd icates that a proposed change creates a substanti a 1 deviation if there is at least a 15 percent increase in the number of exter- nal trips generated by the development above that which was originally projected However, the proposed changes result in a reduction in external trip generation as well as a slight reduction in overall trip generation The proposed change to a single phase for public improvement construction and marketing does not create any additional impacts on the transportation network. The 0 O. conditions dealing with transportation improvements are worded so that required improvements are tied to the number of external tri ps generated or maintenance of Level of Serv i ce C/O regard less of the development timeframe The 0 0 further requires that the developer monitor traffic conditions and report the findings to the City, the County, and the Council annually Based on the above analysis, the proposed amendments to the Plan and D 0 do not create a substantial deviation with respect to impacts on the regional roadway network The threshold for increase in external trip gene- ration is not exceeded, and the specific wording of the 0 0 conditions concerning the mitigation of traffic impacts prevents any substantial devia- tion due to the phasing change Adjustments to land uses have been made to incorporate a Sand Pine Scrub preserve area according to the requirements of the 0 0 Condition 6 of the o 0 specifies, in part, that "The developer shall preserve in viable condition a mlnlmum of forty (40) acres of Sand Pine Scrub canopy, understory, and groundcover vegetation Prior to commencement of any clearing activities, the developer shall survey the site to determine the numbers and distribution of any populations of the Gopher Tortoise, Florida Burrowing Owl, Florida Gopher Frog, F-lorida 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 " The original Master Site Development Plan did not specify the location of the Sand Pine Scrub preservation area The proposed amended Plan del '1eates a preserve area, but staff does not believe that this Plan results in preservation of a minimum of 40 acres of Sand Pine Scrub habitat. The Plan appears to preserve less than 40 acres of this partic- ular plant community type It is also not clear that the Plan results in preservation of sufficient Sand Pine Scrub habitat to provide for any endangered and threatened animal species which occur on-site Data to support the adequacy of the preserve area to accommodate existing popula- tion numbers have not been provided to Council - 2- >> The amended Development Plan also includes an attachment submitted as the littoral zone and wetlands management plan required in D 0 Condition 9 This Plan does not address all of the requirements specified in D 0 Condi- tion 9, however Based on the above analysis, the proposed adjustments to the Master Site Development Plan and amendment to the D 0 are considered to be substantial deviations Council IS concerns over Sand Pine Scrub habitat and wetland/ 1 i ttora 1 zone management are not adequately addressed, and the proposed changes create a reasonable likelihood of additional regional impact Summary The proposed amendments to the Master Site Development Plan and D 0 are considered to be substantial deviations Because the proposed amended Master Site Development Plan is to be incorporated into the DO., it is appropriate for Council to participate at the local public hearing on these proposed changes Council should inform the local officials of Council's position in this matter to preserve Council IS jurisdiction over any amended D 0 Recommendation Council should direct staff to participate at the local public hearing on the proposed changes to the Boynton Be!1ch P ark of Commerce Deve 1 opment of Regional Impact in order to present Council's review and analysis of the proposed changes and to preserve Counc i l' s juri sd i ct i on over any amendea Development Order Attachments -3- ~ :::;?'}. J~ :y :f~ =- .)., -= ~ = }~~ ~~., ~j ,- ,i!. y. ~~ ~ :J..~~~ , I ~.~-.., . ~ " ~,> - -:}:l ,..... / ..... I I ! ,. -~~ ~ :-'"~~-~ " - )( (\ " .-= ~ l' c 1 l \~ - -' ~ U::;:: ::...... .=-:~ ,-- .- - . ; -.- ..... ._.._~O<I"_"'" 'I I ~ 9 .....-.-. ...- __ ..1L-.l.- :1 ~! ___1'-- ....- ..:::.. ........ i on .......... ........1))) _~.., , ~r~-'- . ~tJ' \1 1~ ! 1., i , ) .. ... .. ,j ,;;. ~ j ~. ,~ ~~ :),; ~ 'b ".. ---- .. ... .. i .i jl~ j'"'~ jJ!f~-.;o~ '\ , ~.J;~ ::>CI';~I..:J ~ci:l..,,..:l ;~OCl ;~ "',..] ,.] ~ ] - '<39!O<C") :]gQJJ= "' > ~:) '.:-" :H~-,~~ -,-.- -; - rB. ~~"'-; j cp:n-~~;.,~ ~.., .. , ~ " :"J" ? '-I..]:J, ~~~~o"J__J;f 'OS ":] ~ , l!)'.-.... MSP-IA "~ ":"' d i-.J .- :1 1 ~'" ~=":::;:I;::: 10.4 aC. Ottlc. 133.1 _c. lI....,... \ 44.3 _c. R....re...o.-I...... tftd..."..- 53.3 _c. Opea Scree...........-, t.....-~~ ' w.ct.... - ......- - DEU'TSC1NRELAND ......-.~Q ..c..._ \... ..... Ill_ ....,.,... l..c. .. ; OOG S_I' .~.o ;.(.......0 ;...0...'10 "",,''',C::I .~ri 104.9 ... t::::::I 5.1... PI- P,...... ~ RoecI.-~ TOTAL -$0.0 olC. 33.9 .c. S39.9 ATTACHMENT A .. ."", DEUTSCH mELA1'\TD PROPERTIES ..I:.... y TO I"O..-T I.AUOE,"DA&.C O""C:I: January 21, 1986 Mr Peter Cheney, City Manager City of Boynton Beach 120 N.E. Second Avenue POBox 310 Boynton Beach, Florida 33435 - _I ._;. ...,~ ," ~"::'1:" ........,; ..I .,i.,j."'b.... RE. Requested Development Order Amendments Boynton Beach Park of Commerce Dear Mr. Cheney As part of our submittal requesting approval of the Amended Master Site Development Plan for the Boynton Beach Park of Commerce, Deutsch/Ireland Properties hereby requests an amendment to the above captioned Development Order, City Ordinance i84-5l passed December 18, 1984, as follows 1. Section i3 The Amendment application procedure and the subsequent proceedings h~ve been duly conducted pursuant to the provision of Florida Statutes, Chapter 380 2. Section #4 subsection (1) Paragraph (C) shall be added as follows. (c) Boynton Beach Park of Commerce ADA, Amended Master Site Development Plan submitted 21st January, 1986 3 References throughout the Development Order shall be revised to conform to the Amended Master S~te Development Plan, as approved Such revisions shall be made in the interest of consistency and clarity For your use in reviewing this request, attached hereto is a copy of the proposed Amended Master Site Development Plan GZ CC ak ~r Thomas K. Ireland .:1r Edward B Deutsch ATTACHMENT B Jon c. "1oyJ.e, Esqu~re / SUITE 1106-INTERNATIONAL aUILDING-2455 E. SUNRISE DOULEVAAO-FOATLAUOEAOALE. FLORIOA 33304. (305) 564.5114 ,/ THE BUILOING . 1125 NORTHEAST 125 STREET NORTH MIAMI. FLURIDA 33161 . (305) 891-61106 AFFILIATES: BAOLEt~ REALTY & MANAGEMENT CORP MITA CONgTRUCTION CORP MEMORANDUM To From File Michael Busha tft> Date April 16, 1986 Subject Boynton Beach Park of Commerce DRI At the request of the owners of Boynton Beacn Park of Commerce, I met with representatives of the development and with officials from the City of Boynton Beach on April 15th (see attached) Topics of discussion dealt mainly with 1) what additional data would be necessary to meet the requirements of DRI Development Order Condition 9 (i e , establishment of littoral zone/freshwater hardwood swamp areas and development of related management plans), and 2) whether or not the Sand pine scrUD preserve area depicted on the recently reviewed master plan (see attached) and the manage- ment plan prescribed to enhance and maintain the ecological functions and values of this area fulfill the requirements of DRI Development Order C on d it i on 6 DRI Development Order Condition 9 It was indicated by the developer that what had been suDmitted to date (i e , revised master plan) was not intended to satisfy the requirements of this condition It was indicated that complete design and management plans for establishing and maintaining littoral zones and freshwater hardwood swamp habitat as part of the final surface water management plan system will be submitted Staff reiter- ated the requirements of Condition 9 Staff further explained that submitting a model or typical lake design would be sufficient if a specified commitment was included in the plan which provided assurances that all lakes plannea to satisfy Condition 9 ','/ould be constructed and vegetated consistent with the model It was indicated this approach could be taken rather than submitting design plans for approval on a lake by lake basis However, staff expressed that it De specified on the master plan where littoral zone and freshwater hardwood swamp habitat would be located and how the acreage would be distributed within the proposea surface water management system The City of Boynton Beach was in agreement wlth either apDroach DRI Development Order Condition 6 It was indicated by the developer that the Sand pine scruo preserve area identifiea on the prevlously suomitted revisea ~aster plan nas not lntendea to satisfy the requirements of ~his condition Since that submittal staff has received a management plan which 1) describes physical and biological characteristics of scrub on-site, 2) provides discussion regarding the pros and cons of various approaches to preserving functions and values of scrub on-site consis- tent with Development Order requirements, 3) provides valia conclu- sions regarding why the preserve area initially shown on the revised master plan is the most viable alternative for preserving scrub func- tions and values on-site, and 4) prescribes management procedures for enhancement and maintenance of the scrub community within the preserve area Staff indicated that the management plan and the scrub preserve area identified in the revised master plan would be acceptable with the understanding that the following additional information be included in the final management plan 1 Conceptual plans depicting the extent and location of any board- walk(s) proposed in the scrub preserve area and how the board- walk(s) would be managed for educational purposes and maintained 2 Provide a specified commitment defining the developer's fiscal and management responsibilities (i e , who will be responsible for management of the preserve and who will pay for its man agemen t) 3 The scrub preserve area currently only provides between 30-33 acres of the 40 acres of Sand pine scrub habitat required by Condition 6 It was requested that the management plan identify where the remaining 7-9 acres would occur on-site and how this would be maintained based upon its location and distribution on the property The City of Boynton Beach was in agreement with all points discussed above With regard to addressing the scrub shortage within the preserve area, staff offered three approacnes that would be considered acceptable 1) preserve the additional scrub habitat within land- scaped areas, 2) create scrub "fingers" within dry orairie habitat within the preserve, and 3) utilize a combination of both approaches to make up the difference The City of Boynton Beacn was only in full agreement Nith approach No 2 The City preferred that all the scrub preserved on the prooerty be contained Nithin the identifiea scrub preserve area The City was concerned over now scrub scattered through the landscaped areas woula be accountea for and protectea from development in ~he future TREASURE COAST REGIONAL PLANNING COUNCIL M E M 0 RAN 0 U M To Council Members AGHIDA rlB1 5-A ADDENDLM From Staff Date April 18, 1986 Council Meeting Subject Boynton Beach Park of Commerce - Proposed Amended Master Site Development Plan and Development Order The staff report on the proposed Amended Master Site Development Plan and Development Order (0 0 ) for the Boynton Beach Park of Commerce concludes that the proposed changes represent a substanti a 1 devi at i on and recommends Council participation at the local public hearing to preserve Council's jurisdiction over any amended 0 0 Following the preparation of the staff report, representatives of the development and officials from the City of Boynton Beach met with staff to discuss additional data necessary to meet the requirements of 0 0 Condi- ti on 9 (estab 1 i shment of 1 ittora 1 zone/freshwater hardwood swamp areas and development of related management plans) and to discuss whether the Sand Pine Scrub preserve area and management plan fulfill the requirements of o 0 Condition 6 At the meeting the developer's representatives indicated that the additional data necessary to meet the requirements of 0 0 Condition 6 for the establishment and maintenance of littoral zones and freshwater hardwood swamp habitats wi 11 be submitted to Council Additional material has been submitted to staff with regard to the Sand Pine Scrub preserve area and management pl an Staff has therefore conceptually approved the preserve area designated on the amended Development Plan, but has indicated that final approval is contingent upon receipt of three additional pieces of information, which the developer has agreed to provide Recommendation Council staff and the developer are in agreement as to what additional information wi 11 be required in order to adequately address 0 0 Conditions 6 and 9 However, because this material is still outstanding, it is still appropriate for Council to participate at the local public hearing Council should direct staff to participate at the local public hearing on the proposed changes to the Boynton Beach Park of Commerce in order to preserve Council's jurisdiction over any amended Development Order The meeting closed with a recommendation from tne developer to amend Apri 11 s Agenaa Item 5-A to inform Counci 1 of what transpired at the meeting and to specifically indicate that 1) the developer has informed staff that appropriate design and management plans would be submitted for the establishment and maintenance of requirea littoral zones ana freshwater hardwood swamp nabitat, and 2) starf nas conceptually approved the designa- tion of the scrub preserve area shown on the revised master plan, and the scrub management pl an, with the understanding that final approval wi 11 be contingent upon receiving the additional information requested above I was in agreement with the request by the developer as was the City of Boynton Beach It is my recommendation that an addendum to Agenda Item 5-A be drafted to this effect Because of the information and documents outstanding that will be required for staff to form a final opinion on the consistency of the revised master plan with the DRI Development Order, I would also recommend that this addendum be provided for informational purposes only and that we still request Council to approve our attendance at the local public hearing MB cb Attachments ~ "'Y.~ :;s --., --' : -.,..-:~ .~~ --~-:- '-,..\, \ ~ - 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". ~ ~"._. ~;~":;l ._ ~ .__ ;:::::~~'__"'" ," ". ~"ll','"'''' _.~--_..- ,,---. -- ", ,.-~ ---...... ..... ~ .., - .. -.-- . .- --- ~ "....-.- _.... ..... .----:l ~.ftd ~\... ~1<..rv. ------:::: ;~.~ .--' --- ~ ...... _____ ;3.... ~-==== .~:~:~.'.,~-?......:.!.'o ~":!~,....~..'~ ____ ~.._.... ."c- ..()"tAL ~ ---.----.---------------- Board of County Commissionels Karen T Marcus, Chair Jerry L Owens, Vice Chairman Ken Spillias Dorothv Wilken Kenneth \1 "-dams County Admmistrator John C Sansbury RECEIVED A.PR'l1986 errv a, !\ J\J '-"'r-'~.. < t f n f"\j'. '" ,.. h" Q n.- -, r ." ~ '-ALl...J ....;r-1-.'. April 10, 1986 Mr. Peter L Cheney City Manager City of Boynton Beach 120 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Dear Mr Cheney: This letter acknowledges receipt of the Notice of Public Hearing at 7 30 P M. on Tuesday, April 22, 1986 in the Boynton Beach Council Chambers for the purpose of considering a proposed change to the Boynton Beach Park of Commerce Development Order (Ordinance No. 84-51). Please be advised that the Palm Beach County Board of County Commissioners officially received and filed the above mentioned resolution at their meeting of April 8, 1986. A copy has been sent to the Director of the Planning, Zoning & Building Department for review Very truly yours, ., 'd1/i j/) 1"' /1 /0 ~ "~~7;e<-. hn -C. sansbu:~ / , << County Administrator JCS/ad cc: John Lehner Director, PZ&B Sam Shannon Assistant County Administrator An Equal Opportunity Affirmative Action Employer BOX 1989 WEST PALM BEACH, FLORIDA 33402-1989 .-.~ * AGENDA MEMORANDUM April 9, 1986 TO Peter L Cheney, City Manager FROM Carmen S. Annunziato, Planning Director RE CITY COUNCIL AGENDA FOR APRIL 22, 1986 Please place the following item on the City Council Agenda for the special meeting on the above-referenced date Please note that the item will require a public hearing DESCRIPTION: Request for approval of amendments to Development Order for the Boynton Beach Park of Commerce, request for a finding that the proposed changes do not constitute a substantial deviation under Chapter 380, Florida Statutes, and that no further D R.I approval is necessary; request that the City Council issue an amendment to the Development Order, incorporating the approved changes; request that the City Council find that the revised master plan does not constitute a substantial change to the master plan and approve the revised master plan, under the City's PID regulations. See attached memorandum, dated March 23, 1986 for a description of the revised master plan RECOMMENDATION. The Planning and Zoning Board recommended that the City Council approve the proposed amendments to the Development Order and make a finding that the proposed amendments do not constitute a substantial deviation under Chapter 380, Florida Statutes, and that no further DRI approval is necessary; Furthermore, the Board recommended that the City Council find that the revised master plan does not constitute a substantial change under the City's PID regulations, and recommended that the revised master plan be approved The Planning and Zoning Board's recommendation is subject to the agreements reached with the applicant as stated in his letter of February 28, 1986 (see attached) and subject to staff comments (see attached), deleting, however, the Planning Department's recommendation that the applicant revise the master plan to place commercial uses along the central collector road, south of 22nd Avenue, rather than along 22nd Avenue. EXPLANATION The motion to recommend approval of the revised master plan and development order was made by Mr Winter and was seconded by Mr DeLong The vote was 6-1 in favor of the motion, with Mr. Ryder dissenting. I Carmen sl Annunziato flat Attachments ..........:- MEMORANDUM 23 March 1986 TO Chairman and Members Planning and Zoning Board FROM Carmen S. Annunziato Planning Director RE Boynton Beach Park of Commerce - Master Plan Amendment INTRODUCTION On January 21, 1986 the Planning Department transmitted a packet of materials which taken together constituted a request for an amendment to the Development Order which approved the Boynton Beach Park of Commerce (BBPOC), Development of Regional Impact. Copies of these amendment packages were also forwarded to the Mayor and Council, the City Manager, the Technical Review Board, the City Attorney, the Library, the Chamber of Commerce, the Treasure Coast Regional Planning Council and the State Department of Community Affairs, Bureau of Resource Management. The amendments requested to the Development Order which approved the BBPOC (Ordinance No. 84-51 copy attached) are as follows: 1. Section #3- The Amendment application procedure and the subsequent proceedings have been duly conducted pursuant to the provisions of Florida Statutes, Chapter 380. 2. Section #4 subsection (1) added as follows Paragraph (C) shall be (C) Boynton Beach Park of Commerce ADA, Amended Master Site Development Plan submitted 21 January 1986 1 ..-- .... 3 References throughout the Development Order s~l be revised to conform to the Amended Master Site Development Plan, as approved. Such revisions shall be made in the interest of consistency and clarity As a part of the Master Plan review process, additional sections of the Development Order may be recommended for amendment by the City's Technical Staff PROCEDURE Procedurally, the amendment request to the approved development order is governed by Section 7 of Appendix A - Zoning, of the Code of Ordinances which establishes Planned Industrial Development Districts and by Chapter 380.06(19), Florida Statutes for a determination of a substantial deviation. As previously reported, the City Council must conduct a public hearing at which a determination of whether or not the proposed change requires further development of regional impact review. If no further review is required, the City Council shall issue an amended development order which in this instance requires the passage of an ordinance which amends the original development order If a determination is made that the proposed change requires further development of regional impact review, the review shall be conducted only on those aspects of the development order required to be changed The above-mentioned public hearing shall receive a fifteen (15) days public notice following the passage of thirty (30) days but not more than forty-five (45) days after receipt of the amendment materials. It is anticipated that the City Council will conduct its hearing on April 22, 1986. This amendment procedure will require a one-time change to our development regulations. For non-development of regional impact planned industrial developments, the City Council must make a finding related to the degree of change; that is, whether or not it is substantial, and then, the Planning and Zoning Board approves, approves with modifications, or denies the request In this instance, the City Council must approve any change Therefore, the Planning and Zoning Board must act in an advisory capacity to the Council, as the State Statutes prevail over City ordinances 2 ...... .:.....J LAND USE The master plan submitted by Deutsch Ireland as a part of the amendment package substantially implements the requirements of the approved Development Order, thus supporting a recommendation that the changes requested are not substantial The mix in acres of land use as currently approved and as proposed is as follows APPROVED PROPOSED INCREASE/(DECREASE) Commercial 27.6 27 0 (2 2) % Office 128.9 133 1 3.3 Club 0 3 4 NA Industrial 254.7 197 6 (22 4) Lakes, wetlands, open space 82.2 104 9 27 6 Roads 46 5 33.9 (27 1) Sand Pine Preserve 0 40.0 NA TOTAL 539.9 539 9 The decrease in acres devoted to Industrial land uses is replaced primarily by the Development Order requirement to set aside 40 acres for a sand pine preserve, and for increased lakes, wetlands and open space. Also, the reconfiguration of the site resulted in the need for fewer acres devoted to roads as noted in the table above TECHNICAL REVIEW BOARD COMMENTS Concerning Technical Review Board comments, the TRB met on February 18, 1986 to review the plans and documents submitted Also present at this meeting was the applicant, Mr George Zimmerman, Director of Planning for Deutsch Ireland Properties. At this meeting and at subsequent meetings, almost all areas of concern were conclusively addressed either through explanation, amendments to the proposed plan or agreements in concept; however, two areas of concern still remain 3 ......-- .:.....J ~ One area of concern involves the applicants desire to locate five commercial sites (21 acres) plus a Club (3 4) acres along the south side of N W 22nd Avenue. The proposed arrangement of commercial land uses seems to change the character of the Planned Industrial Development and N W-- 22nd Avenue Instead of projecting to the public an image of an industrial/office park, the public will be exposed to a commercial strip This is clearly in opposition to the intent stated in the Planned Industrial Development District Regulations which reads as follows. "The purpose of this district is to provide a zoning classification for light industrial development that will better satisfy current demands for light industrial zoned lands by encouraging development which will reflect changes in the technology of land development and relate the development of land to the specific site and to conserve natural amenities " The desired location for commercial activities may also be in conflict with Comprehensive Plan policies which reject strip commercial development. Therefore, the commercial/retail sites should be considered to be an adjunct to the light industrial, office, and research and development land uses, and should be relocated to a less prominent site within the Park The second area of concern involves the proposed treatment of water distribution in the Planned Industrial Development Specifically, more detailed information on the proposed water uses will be required before final designs are accepted, as noted in the attached Memorandum from Pete Mazzella, Utility Engineer. REGIONAL PLANNING COUNCIL As previously noted, the Treasure Coast Regional Planning Council is a party to the amendment process If concerns are raised by the requested amendments, the Council must notify the City that it will be represented at the City Council public hearing. In this regard, the Council has raised a question concerning the proposed 40 acre scrub pine forest preserve as noted in the attached letter from the Council to George Zimmerman, and as noted, the Council will be represented at the City Council's public hearing to present its concerns 4 ..- ...!II RECOMMENDATION The Technical Review Board recommends to the Planning and Zoning Board and the City Council that a finding of no substantial cha~ge be found ~ith respect to the requested changes to the BBPOC Development Order This recommendation is based on the agreements reached with the applicant as stated in his letter of February 28, 1986 (see at"tached). Furthermore, it is recommended that the applicant redesign his master plan and place his commercial land uses in a cluster along the central NE/SW collector road south of NW 22nd Avenue. - C~ ()('" ~-Z CARMEN S .- ANNUNZ 0 jbks 5 ......- .... DEUTSCH IRELAND PROPERTIES ."..., -~--~--.~ r REPLY ToroiTLAUDER~,~~JICE J...... .- -~" J':) February 28. 1986 r- .... ..d .__'-J....~. -., Mr Carmen Annunziato. Planning Director City of Boynton Beach 120 N.E 2nd Avenue POBox 310 Boynton Beach. Florida 33435 RE Response to questions of the TRB reviewed in our meeting on February 18. 1986 Dear Carmen: In response to the questions raised in the attached memoranda. I am providing you herewith our responses for the record Memorandum #1 dated February 12. 1986. from Carmen Annunziato, Planning Director ITEM 1: The Proponent still wishes to proceed with consideration of the commercial sites as shown on their submitted Master Development Plan. Although we recognize your concern. we maintain a great deal of concern ourselves that the parcels be able to support the highest cal iber of corrrnercial uses ITEM 2: The question. with respect to a central loading and unloading facility for rail service, the Proponent has reviewed such a proposal with a number of rail users and have found it to be inappropriate All potential users reqUire direct siding access to their facility ITEM 3: The Master Development Plan is presented in ful I accordance with the PID Zoning Ordinance We intend to provide all of the required greenbelt buffers adjacent to properties having a different zoning classification. in complete compliance with the Code ITEM 4: The rights-of-way for all interior roadways wil I be 100 feet wide Since we will be proposing some variations on the basic sidewalk/bike path scheme. we will provide complete detail for review during the platting process Again, we expect to provide the City with pavement sections. landscaping and pedestrian amenities in excess of Code requirements The typical roadway section will have two twenty-four foot wide roadways with a sixteen foot wide landscaped median SUITE 1106-INTERNATIONAL BUILDING-2455 E. SUNRISE BOULEVARD-FORT LAUDERDALE, FLORIDA 33304. (305) 564-5114 THE BUILDING. 1125 NORTHEAST 125 STREET NORTH MIAMI, FLORIDA 33161. (305) 891-6806 AFFILIATES: BROLEN REALTY & MANAGEMENT CORP MITA CONSTRUCTION CORP ..- ---!II ITEM 5 The schedule for the Environmental Impact Analysis phase of the Interchange construction has been presented at the meeting, and a copy is attached hereto for your further review We expect to execute the contract with Kimley-Horn, our consultant, on or about March 4 Memorandum #2 dated February 12, 1986, from Perry A. Cessna, Director of Ut i 1 it i es ITEM A is comentary on water distribution ITEM 1: We hereby agree to loop the water mains as requested at the cul-de- sacs. ITEM 2: The relocation of the water main routing to the High Ridge Road right-of-way and the additional routing along the north side of the canal is agreed to Final plans will be prepared in accordance therewith ITEM 3: At this initial phase, we will agree to a 1,000 foot maximum distance between line valves; however, we expect to review this plan in more detail with the City during the platting phases When 1,000 foot spacing will provide for fewer than four utility connections, we feel it is appropriate that the spacing be increased ITEM 4: We hereby agree to add an additional ten inch gate valve where requested ITEM 5: With respect to easements required for water and sewer, we hereby request that ten foot wide easements be approved where installation occurs outside of dedicated right-of-way In these instances, we will provide for a ten foot building setback from an easement, thereby providing for a thirty foot clear path at utility lines We also ask that the 1 imitation on landscaping be imposed only within the ten foot wide easement area. With respect to landscaping at the right-of-way and adjacent to such easement areas, we will endeavor to utilize the plant materials as recommended by the City Forester, Kevin J Hallahan, in his memorandum dated February 20, 1986 ITEM 6 With respect to fire flow, the Proponent hereby agrees that no building will be certified for occupancy without proper fire flow. Since fire flow is a question of use, the Proponent agrees to work out an appropriate formula with the building department to establish required fire flow needs for projects at the time of permitting Since to the extent feasible, all pub'l ic improvements will be made at the same time, it is felt that the water loops will be connected prior to occupancy for the vast majority of situations ITEM B Sewage collection and transmission ITEM 1 Again, this item refers to easements being provided and the proponent agrees to provide such easements at a width of ten feet with a building setback requirement of an additional ten feet ....-- --!II ITEM 2: Parcels W2-0 through W5-0 will be served by a sewer along the north side of Northwest 22nd Avenue Parcels W19-0 and W20-0 respectively will be served by an extension of the two sewers shown to the north ITEM C Proponent will work with the City as required to insure that inspection of utility Installation can be accomplished in a timely manner The funds necessary to accomplish this task will be exalnlned and determined at a later date Memorandum #3 from Charles C Frederick, Director of Recreation and Park Department also dated February 12, 1986. ITEM 1: Land exchange proposal: The Proponent wishes to keep this matter separate from discussions concerning the Master Plan layout. The negotiations are continuing between Mr Peter Cheney, the City Manager and the Proponent to work out the details of such a land exchange ITEM 2 Median and right-of-way maintenance The Proponent has determined at this time that the rights-of-way, other than Northwest 22nd Avenue and High Ridge Road, will be privately held Since dedication Is not contemplated, maintenance of those areas will be taken care of by the Developer and the succeeding Property Owner's Association. Maintenance of Northwest 22nd Avenue and High Ridge Road rights-of-way is also of concern to the Proponent, and the Proponent is eager to establish a means whereby they can assume control and responsibility for such maintenance Memorandum from John WIldner, Park Superintendent dated February 12, 1986 This memorandum provides the backup for cost estimates concerning right-of-way maintenance I be I I eve a 11 of the quest ions ra I sed there i n have been addressed in the previous comentary The next memorandum is from Lieutenant McGarry of the Police Department dated February 11, 1986 In order to provide further information to the Police Department In response to Lieutenant McGarry's questions, a meeting was held with Lieutenant Hammock, Chief Hillary and other members of the Boynton Beach Police Department and Jim Zook of Klmley-Horn and I In that meeting, details of the proposed High Ridge Road relocation were discussed Peak hour traffic movements were Identified at 1,300 cars per hour The interchange spacing between the proposed 1-95 Interchange and High Ridge Road would be in excess of 800 feet, center to center This distance more than adequately meets the DOT 660 foot separation criteria The Police Department felt adequately assured that an acceptable roadway and interchange design could be developed within these distance perimeters Final design and pavement layout will be accompl ished during the platting and roadway engineering phases scheduled to fol low invnedlately ...... -:.....!I .. With respect to the ability to obtain vacation of the DOT right-of-way for High Ridge Road. Jim Zook of Kimley-Horn met with Frank Gordon. Design Engineer of the Florida Department of Transportation on Thursday afternoon. February 21 During that meeting, Mr Gordon indicated that DOT would approach the vacation of High Ridge Road in accordance with their typical vacation procedure He indicated that it did not appear as if that portion of High Ridge Road was a part of the DOT network, and as such, there should not be any major difficulty in obtaining vacation He did. however, reserve final judgement on the roadway operations and easement vacation until such time as the roadway design was complete. I believe this responds to all areas of concern. If you have any further questions, please contact me GZ ak CC Mr Thomas K Ireland Mr Edward B Deutsch Hr Thomas P Misuraca Hr Rick Rossi Hr James Zook Hs Mimi Howard David Pressly, Esquire Mr Richard Kerber Attachments ~ :...J !f~ Ij IkM Cer"'n1d1 tI~b u/ f3,uJett ~ ~TFIvt ~ P tFe~s!:J &f5.D A-M MEMORANDUM 12 February 1986 TO: File FROM. Carmen S Annunziato, Planning Director RE Boynton Beach Park of Commerce Master Plan Modification ;: The list which follows constitutes the Planning Department's comments on the Boynton Beach Park of Commerce Modified Master Plan. 1. The location of five commercial sites (21 acres) or 78% of all Park commercial acreage, plus the proposed club along N.W. 22nd Avenue seems to change the character of the Planned Industrial Development and N.W 22nd Avenue. Instead of projecting to the public an image of an industrial park, the public will be exposed to a commercial strip The intent of the Planned Industrial Development (PID) zoning regulations is to provide "a zoning classification for light industrial development that will better satisfy current demands for light industrial zoned lands " In this regard, the commercial/retail site should be considered to be an adjunct to the light industrial office and research and development industrial land uses It is recommended that the commercial land uses and the club located on N W. 22nd Avenue be relocated in a cluster along the central N.E., S.W collector road, south of N.W 22nd Avenue. 2. The applicant should explore the need for a central loading/unloading facility for access to rail service 3. The master plan should delineate all required greenbelt areas ~....:.:... Page Two 4. The right-of-way width for all interior roads should be shown as well as a roadway cross-section depicting sidewalks, bikepaths, traffic lanes, median and turn lanes. 5. An Environmental Impact Analysis schedule should be submitted for public review and analysis ('~ JC-~/Y.~, Carmen S Ann iato /bks ...- ---!J MEMORANDUM TO Carmen Annunziato - Planning Director DATE February 12, 1986 SUBJECT Amendment to Boynton Beach Park of Commerce DRI Please note the following comments regarding the amended plans for this project Water Distribution 1.) Water mains within cul-de-sac:~ust be looped, with two additional gate valves installed on each line to regulate flow. 2 ) Delete the 10" diameter water main section between parcels G 18 - I, and G 20 - I, and reroute the line along the canal so as to loop the 8" line to the east of parcel G 21 - I Change said 8" line to 10" 3 ) Plan for 1000' maximum distance between main line valves 4 ) Add a 10" gate valve at the southeast branch of the 10" X 16" cross on N W 22 Ave 5 ) 30-foot wide water and sewer easements will be required for all water lines along canals, between parcels, or otherwise not in Rights-of-Way All construction, and the planting of trees and shrubs must be prohibited (by deed restriction) within these easements 6 ) To insure adequate fire-flow, we request that certificates of occupancy (C 0 IS) be withheld until the major loops (16" and lO") are completed For those units north of N W 22 Ave , the loop from High Ridge Rd to N W. 22 Ave., and thence to Congress Ave must be completed For those units south of N W 22 Ave to receive CO'S. the loop across the C-16 canal. along High Ridge Rd to N W. 22 Ave . and thence westward to Con- gress Ave must be completed . Sewage Collection and Transmission 1 ) 30' wide water and sewer easements will be needed for the force main between the E-4 canal and the drainage lakes. the force main between parcels G 18 - I and G 20 - I, and the gravity sewer between parcels G 11 - RD and G 13 - RD All construction. and the planting of trees and shrubs must be prohibited (by deed restriction) within these ease- ments 2 ) Indicate how the following parcels will be served by gravity sewer. W2-0, W3-0. W4-0, WS-O. W19-0, and W20-0 ......- General for both water and sewer The compressed timetable for utility development of this property will neces- sitate the hiring of a special inspector by this Department Provision must be made for the developer to provide sufficient funds to cover the added expense of the inspector's position The funds are to be provided prior to construction (?4fl~ Perry A Cessna lw Director of Utilities xc file .......-~ MEMORANDUM February 12, 1986 TO Mr. Peter L Cheney, City Manager RE Boynton Beach Park of Commerce I Land Exchange Proposal II Median and Right-of-way Maintenance I LAND EXCHANGE PROPOSAL The following is recommended in regard to the proposed land exchange 1 The City shall receive twentf (20) acres of land exclusive of the wetland and Sand Pine preserve areas The additional land to comprise the 20 acre site is recommended to be the W20-0 tract, lying south of the designated park site and bordering the E-4 Canal. 2 The land shall be of such quality, configuration and topography, to allow for proper design and use of the total 20 acre site for active and passive recreational purposes 3 The Boynton Beach Park of Commerce developer shall provide the necessary fill and grade work to insure that elevations are adequate to allow for total site use, including adequate drainage and/or water retention where necessary II. MEDIAN AND RIGHT OF-WAY MAINTENANCE The revised master plan modification increases the maintenance responsibilities for the site as center medians have been added to internal roadways Attached is a report from John Wildner, Park Superintendent, detailing the anticipated impact upon Park Division maintenance operations. It should be noted that our total costs would exceed the $36,000 estimate for this site as assumption of maintenance will require the hiring b~ a full time three-man crew and acquisition of vehicles and equipment resulting in a cost to exceed $50,000 I would recommend that strong consideration be given to requiring the developer to provide for maintenance of all internal roadway medians and .rights-of-way with the City assuming maintenance responsibilities of N W 22nd Avenue only c~~ Charles C Frederick, Director Recreation & Park Department ,.y CCF pb Attachment CC: ': ,~,~Wft2tUaCOo . John Wildner Mark Thompson ......--- MEMORANDUM ~ Charles Frederick, Director Recreation and Park Department OAY' 12 FebrulIry '86 PILI John Wildner Parks Superintendent .u.....C'1' Maintenance Impact Boynton Beach Park Of Commerce As you requested, I have reviewed the Masterplan for Boynton Beach Park Of Commerce as it pertains to additional maintenance respon- sibility for the Parks Division. The following information is provided 1. There are approximately four m~les of landscaped median shown on the Masterplan. This'would compare to the 31 miles of median on u.s. #1 currently maintained in a day and a half by a three man crew with the assistance of an equipment operator for half a day. 2. Agreements already made with previous owners of this develop- ment indicate the city would also be responsible for R.O.W maintenance on both sides of the roadway. This would be very unusual for a P.I.D. or subdivision. Normally, owners are responsible for R.O.W maintenance in front of their prop- erty. The Masterplan shows these R.O.W areas to be heavily landscaped. I estimate that it would normally take another 2; days to maintain these side sections with the assistance of an equipment operator for half a day. 3. The Masterplan indicates several hundred trees to be planted in the R.O.W. areas which would have to be trimmed at least once a year (two weeks for a two man crew). 4. The large amount of irrigated areas will require an increase in our Sprinkler Supply Account and in a heavy commitment in time by our irrigation maintenance crew. . 5. In summary, I would estimate that it will take a three man crew four days each week (during the growing season) to maintain these median and other R.O.W. areas and require the assistance of other crews for specialized work. Total personnel costs for landscape maintenance is estimated at $36,000 per year. An alternative may be for the developer to form a Property Owners Association and charge a landscape maintenance fee for private as well as public property. A single landscape maintenance con- tractor ~or-the whole development should provide a common park- like atmosphere to the whole area and do it on an economical basis that might not be too much more than each owner would pay for their own individual property. 14 f/v~ p:!John wildner JW/ad ~~ MEMORANDUM Mr Carmen Annunziato Planning Director DATr February 11,1986 "ILI 0.. Lt. McGarry Police Dept. .u.~rCT Boynton Beach Park of Corrmerce Master Plan t1odification 1 would like more infonmation supplied in reference to the location of High Ridge Road intersection and N.HM 22 Ave How close will this be in relation to the proposed interchan~e of 1-95 and N.~/. 22 Ave? How much area is available for stacking in the west bound lane of N W 22 Ave? What is the proposed traffic flow from High Ridge Road both North and South of N.~J 22 Ave? -U~~ Lt. McGarry Police Department Wt~ as . ....-- - MEMO /'tom tfu dr.~ of RICHARD S. WALKE DIRECTOR OF PUBUC WORKS, Boynton Beach February 12, 1986 PLANNING DIRECTOR: Re: Boynton Beach Park of Commerce I would like to suggest "Compactors" be used to the utmost in this long term project. Time and money saving would be substantial. ~w~ .. CITY of BOYNTON BEACH ~ Ql 120 H.E. 2nd AVENUE P.O. BOX 310 BOYNTON 6EACH. FLORIDA 334J5..()310 (305) 7~111 OFFICE OF THE PLANNING DIRECTOR r " ~"'-:~;:;"''''H''~i:t:; '~ --;)o~~ .,~ .. --. .. .. ~ III ;W · .~. - . ,,~h ! . "-,1~~ .: -=: ;---;. , -.I' ..' ~ .:::'" _. ~~- -: 8 April 1986 Mr George Zimmerman Deutsch-Ireland Properties Suite 1106 2455 East Sunrise Boulevard Ft Lauderdale, FL 33304 Dear George Please be advised that on Tuesday, April 22, 1986 at 7 30 pm, in the City Council Chambers, the City Council will conduct a public hearing regarding the proposed requests to amend the Development Order for the Boynton Beach Park of Commerce. Should you have any questions concerning this matter, please contact me at your convenience Yours very truly, CITY OF BOYNTON BEACH a-I n~ S ~~--v---J- Carmen S Annunziato j7 ~ Planning Director /bks cc: City Manager David Pressly, Esq. ~ r # MEMORANDUM 28 March 1986 TO Peter L Cheney, City Manager FROM Carmen S Annunziato, Planning Director RE BBPOC - Amendments to Development Order and Master Site Development Plan Accompanying this memo you will find a copy of a letter from the Treasure Coast Regional Planning Council in which the Council advises that they will appear at the public hearing to be conducted by the City Council in this regard This is being forwarded for your information and files to the City Council is suggested Distribution a~~~ /CARMEN S ANNUNZIATO / /bks cc Central File t.o I :' L ~.I- ~.~ f r: r b. !. r. ~ st. lucie ~'~mQ~tin'~' treOJure 1 COClf.t ,--~ regional planniog council ~-. '~----- .,......,~~~ .;; . -j !.. 7-r,11:;' D' - ......J .' . I . ....-- ......1 ---'.-i f ~; "J,:."';~.t"~''';~'':-'-'''':' ...-,.; d4R i.......'.... ",j ~ - (9Bg PI "- '-h,\. \. 1\ ____ .1 1..1 "_ PT. March 25, 1986 Federal Express Mr George W Zimmerman Director of Planning and Design Deutsch/Ireland Properties Suite 1116, International Building 2455 East Sunrise Boulpvard Fort Lauderdale, FL 33304 Subject Boynton Beach Park of Commerce - Amendments to Development Order and Master Site Development Plan Dear Mr Zimmerman Pursuant to the requirements of Section 380 06, Florida Statutes, we have reviewed the proposed amendments to the Development Order (DO) and amended Master Site Development Plan for the Boynton Beach Park of Commerce submit- ted to the Council by you The proposed changes to the Master Site Development Plan include adjust- ments to land uses to incorporate a sand Dine scrub preserve area and city park, refinements to road alignments, refinements to parcel sizes, and revision of projAct phasing to a singl€ construction and marketing phase The proposed 00 amendment incorporates the amended Master Site Development Plan into the Development Order The proposed changes do not meet or exceed any of the criteria in Sections 3830 06(19(b) and (c), F S , and do not increase external vehicle trips as specified in Section 380 06(19)(b)(15), F S However, Council does not believe that delineation of the proposed preserve area in the Master Site Development Plan adequately addresses all of the issues raised in Council's report and recommpn.dations to the City of Boynton Beach or those addressed in the existing DO Based on the informa- tion submitted to Council for review, it is not clear that the proposed amended Master Site Development Plan 1 Results in preservation of a mlnlmum of 40 acres of sand pine scrub habitat The plan aooears to preserve less than 40 acres of this plant community type ....;.~:..:...~~.(...:...)~ 620 So dixie highway p.o. drawer 396 stuart, Rorido, 33495-0396 phone (305) 286-3313 Q. o. hendl1,l, III chairman koren t. marCU5 vice chairman margoret c. bowman secretarvitreasurer daniel m. co", executive dj,ector .., " Mr George W Zimmerman Director of Planning and Design Deutsch/Ireland Prooerties March 25, 1986 P age Two 2 Results in oreservation of sufficient sand pine scrub habitat to provide for any endangered and threatened animal species which occur on-site Data to support the adequacy of the preserve area to accommodate existing population numbers has not been provided to Council 3 Adequately addresses conditions 9 and 10 of the DO with regard to wetland preservation, littoral zones, and native upland vegetation If information exists to clarify these concerns, Council staff would be happy to review these with you However, because Council does not believe that the proposed amended Master Site Development Plan adequately addresses issues originally raised by Council, and because the proposed amendment incorporates the plan into the DO, Council intends to participate at the local government public hearing on the amendments Council staff will meet with you to discuss these issues and concerns if you wish If you have any questions, please call Sincerely, ~~ ~Daniel M Cary ;r- Executive Director DMC/LCB cb cc Carmen Annunziato Roger G Saberson, Esq James F arr MEMORANDUM 5 March 1986 TO Peter L Cheney, City Manager FROM: Carmen S Annunziato, Planning Director Boynton Beach Park of Commerce DRI Amendment Request - Public Hearing In late January, the Planning Deparment transmitted to all interested persons, a packet of materials which constitutes a request for an amend- ment to the Boynton Beach Park of Commerce Development Order RE Procedurally, the review of DRI amendment requests involves the Regional Planning Council, the Department of Community Affairs, Bureau of Resource Management and the City's staff, boards and Council This process cul- minates in a public hearing conducted by the City Council, at which time the Council determines whether the proposed changes require further development of regional impact review Statutorily, the above-mentioned public hearing can be set no sooner than 30 days, but no later than 45 days following the receipt of an amendment request by the City, the Regional Planning Council, and the State Department of Community Affairs. Therefore, it is recommended that when the Council meets at its regular meeting of April 1, 1986 that it appoints April 22, 1986 at 7 30 p.m , City Council Chambers as the date, time and place for the required hearing Because the City Council must give 15 days notice prior to the hearing, this would require that a notice for the hearing must be posted no later than April 7, 1986 I will coordinate the required advertisement with the City Clerk, if the proposed public hearing date meets with Council's approval <' t:.-- -y- elf ~r~ CARMEN S. ANN ZIATO /bks ...- ......3 I , MEMORANDUM 5 March 1986 TO Technical Review Board FROM Carmen S AnnunziabJi-PTannTrry DiLe~LoL RE Boynton Beach Park of Commerce - Response to Questions Raised at TRB Meeting of February 18, 1986 Accompanying this memo you will find a copy of a letter from George Zimmerman, Director of Planning for Deutsch Ireland Properties which constitutes a response to the matters raised by the Technical Review Board meeting of February 18, 1986 Please advise in writing if you have any additional comments or concerns e~- CAK1\1t.N S d't ~ ANNUN Z E/{TO /bks Attachments cc City Manager Central File --., MEMORANDUM 4 March 1986 TO Betty S Boroni, City Clerk FROM Carmen S Annunziato, Planning Director RE Boynton Beach Park of Commerce DRI Amendment Please be advised that the proposed advertisement forwarded to this office for the referenced public hearing, meets with my approval ~~~ /bks cc City Manager City Attorney \~ ; ..A 1.,... ~ E M 0 RAN DUM ---~------- ----- TO Mr Carmen Annunziato Planning Director DATE February 26, 1986 FROM Betty S Boroni City Clerk Attached please find a copy of the proposed advertisement for the Boynton Beach Park of Commerce D R I amendment scheduled for publishing in The Post Extra on March 9, 1986 Please review and advise if it meets with your approval This will be forwarded to The Post on March 5, 1986 tfe I~- Bett~ Boroni BSB/smk cc City Manager City Attorney NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the city Council of the city of Boynton Beach will hold a Soecial Meeting and conduct a public Hearing at 7:30 P. M. on Wednesday,~March 26, 1986, in the Council Chambers~ city Hall, 120 East Boynton Beach Boulevard, Boynton Beach, Flor1da The purpose of this public hearing is for consideration of a proposed change to the Boynton Beach Park of Commerce Development order (ordinance No. 84-51) and determination as to whether or not the pro- posed change constitutes a substantial deviation to the approved deve- looment order with resoect to the following described property located within the corporate limits of said city, pursuant to the reques~ of the parties in interest and in compliance with Chapter 380, Flor1da Statutes. REQUEST: Boynton Beach Park of Commerce comprehensive Development of Regional Impact LEGAL DESCRIPTION: A Tract of land lying partially in Sections IE, 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 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 0 R. Book 1738, Paae 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 BecrinninG; thence North 1044'39" East, a distance of 1247 06 feet to t6e soufh right- of-way line of L W D.D. Lateral 21; thence North 89008'49" 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 Equalizing Canal E-4, as recorded in 0 R Book 1732, Page 612, of the 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 0 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 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 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" West, a distance of 218 00 feet; thence South 0049'21" East, a dlstance of 200.00 feet; thence North 88050'04" west, a dlstance 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" 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 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 Miner Road right-of-way extended, North of Canal C-16, between Congress Avenue and 1-95, Boynton Beach, Florida PROPOSED USES Planned industrial development to include light manufacturing and research facilities, offices and ancillary commercial uses APPLICANT Deutsch/Ireland properties All interested parties are encouraged to appear in person, to be repre- sented 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 Council 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 pro- ceedings 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 EXTRA March 9, 1986 " MEMORANDUM 20 February 1986 TO File RE BBPOC/Meeting between staff and applicant The TRB met with the applicant on 2/18/86 to discuss the memoranda which accompanies this memo Based upon discussion, there was agreement to comply with some requests, or desire to respond with an alternate proposal on some requests and an unwillingness to amend the plan in one instance These responses were as follows Utility Department Memo Water Distribution 1 Agree to comply 2 Agree to comply 3 will have an engineer meet with Utility Department to meet compliance in principle 4 Will comply 5 will submit an alternate proposal 6 Will submit an alternate proposal Sewage Collection and Transmission 1 Will submit an alternate proposal 2 will comply General Comments 1 will discuss at a later date Page Two Recreation and Parks Memo 1 Land Exchange Proposal - will be the subject of continuing negotiations 2 Median and Rights-of-Way Maintenance - will submit a proposal Police Department 1 Potential problems related to the proximity of High Ridge Road/NW 22nd Avenue Intersection with proposed 1-95 Interchange - applicant will supply information Public Works Compactors - suggestion under consideration Planning 1 No agreement 2 Previously decided against 3 Will comply 4 Information provided or in process of being determined 5 Information provided Other 1 Forester Forester to submit to applicant a list of tree and plant species acceptable for street tree and landscaping purposes Final decision on sane pine scrub set aside - not made MEMORANDUM TO Carmen Annunziato - Planning Director DATE February 12, 1986 SUBJECT Amendment to Boynton Beach Park of Commerce DRI Please note the following comments regarding the amended plans for this project Water Distribution 1 ) Water mains within cul-de-sac ~ust be looped, with two additional gate valves installed on each line to regulate flow 2 ) Delete the 10" diameter water main section between parcels G 18 - I, and G 20 - I, and reroute the line along the canal so as to loop the 8" line \. to the east of parcel G 21 - I Change said 8" line to 10" vr ~ ) Plan for 1000' maximum disrance between main line valves 4 ) Add a 10" gate valve at the southeast branch of the lO" X 16" cross on N W 22 Ave \ 5 ) 30-foot wide water and sewer easements will be required for all water lines along canals, between parcels, or otherwise not in Rights-of-Way All construction. and the planting of trees and shrubs must be prohibited (by deed restriction) within these easements , , , ~ 6 ) To insure adequate fire-flow, we request that certificates of occupancy (C 0 'S) be withheld until the major loops (16" and lO") are completed For those units north of N W 22 Ave , the loop from High Ridge Rd to N W 22 Ave . and thence to Congress Ave must be completed For those units south of N W 22 Ave to receive CO'S. the loop across the C-16 canal, along High Ridge Rd to N W 22 Ave , and thence westward to Con- gress Ave must be completed }' Sewage Collection and Transmission \ \ I tt ) / 1. 30' wide water and sewer easements will be needed for the force main between the E-4 canal and the drainage lakes, the force main between parcels G 18 - I and G 20 - I, and the gravity sewer between parcels G 11 - RD and G 13 - RD All construction. and the planting of trees and shrubs must be prohibited (by deed restriction) within these ease- ments I' r' 2) Indicate how the following parcels will be served by gravity sewer, W2-0, W3-0, W4-0, WS-O. WI9-0. and W20-0 General for both water and sewer The compressed timetable for utility development of this property will neces- sitate the hiring of a special inspector by this Department Provision must be made for the developer to provide sufficient funds to cover the added expense of the inspector's position The funds are to be provided prior to construction Cl4a~ Perry A Cessna lw Director of Utilities xc file MEMORANDUM February 12, 1986 TO Mr Peter L Cheney, City Manager RE Boynton Beach Park of Commerce I Land Exchange Proposal II. Median and Right-of-way Maintenance I LAND EXCHANGE PROPOSAL The following is recommended in regard to the proposed land exchange 1 The City shall receive twent~ (20) acres of land exclusive of the wetland and Sand Pine preserve areas , \.-t The additional land to comprise the 20 acre site is recommended to be the W20-0 tract, lying south of the designated park site and bordering the E-4 Canal The land shall be of such quality, configuration and topography, to allow for proper design and use of the total 20 acre site for active and passive recreational purposes The Boynton Beach Park of Commerce developer shall provide the necessary fill and grade work to insure that elevations are adequate to allow for total site use, including adequate drainage and/or water retention where necessary l l' '\., I" I 2 3 II MEDIAN AND RIGHT-OF-WAY MAINTENANCE yc( r ,/ I' \ \- \ , .. ,f' The revised master plan modification increases the maintenance responsibilities for the site as center medians have been added to internal roadways Attached is a report from John Wildner, Park Superintendent, detailing the anticipated impact upon Park Division maintenance operations It should be noted that our total costs would exceed the $36,000 estimate for this site as assumption of maintenance will require the hiring of a full time three-man crew and acquisition of vehicles and equipment resulting in a cost to exceed $50,000 I would recommend that strong consideration be given to requiring the developer to provide for maintenance of all internal roadway medians and rights-of-way with the City assuming maintenance responsibilities of N W 22nd Avenue only e~~~ Charles C Frederick, Director Recreation & Park Department CCF pb Attachment CC D r'../un--"-'~ John Wildner Mark Thompson . AEMORANDUM ~ Charles Frederick, Director Recreation and Park Department DATI 12 February '86 ,.,L. John Wildner Parks Superintendent .u.n~ Maintenance Impact Boynton Beach Park Of Commerce As you requested, I have reviewed the Masterplan for Boynton Beach Park Of Commerce as it pertains to additional maintenance respon- sibility for the Parks Division The fOllowing information is provided 1 There are approximately four m!les of landscaped median shown on the Masterplan. This would compare to the 31 miles of median on U.S #1 currently maintained in a day and a half by a three man crew with the assistance of an equipment operator for half a day. 2. Agreements already made with previous owners of this develop- ment indicate the city would also be responsible for R O.W maintenance on both sides of the roadway This would be very unusual for a P I.D or subdivision Normally, owners are responsible for R O.W maintenance in front of their prop- erty The Masterplan shows these R O.W areas to be heavily landscaped. I estimate that it would normally take another 2; days to maintain these side sections with the assistance of an equipment operator for half a day. 3. The Masterplan indicates several hundred trees to be planted in the R.O.W. areas which would have to be trimmed at least once a year (two weeks for a two man crew). 4. The large amount of irrigated areas will require an increase in our Sprinkler Supply Account and in a heavy commitment in time by our irrigation maintenance crew. 5. In summary, I would estimate that it will take a three man crew four days each week (during the growing season) to maintain these median and other R O.W areas and require the assistance of other crews for specialized work. Total personnel costs for landscape maintenance is estimated at $36,000 per year. An alternative may be for the developer to form a Property Owners Association and charge a landscape maintenance fee for private as well as public property. A single landscape maintenance con- tractor ~or-the whole development should provide a common park- like atmosphere to the whole area and do it on an economical basis that might not be too much more than each owner would pay for their own individual property. ./ ~~ / / ~ ~ .~ t.-. ~ ................ :. I I i ~ - ,\AEMORANDUM '0 Mr Carmen Annunziato Planning Director DATE February 11, 1986 FIl.l: ",0" Lt McGarry Police Dept 5U.J~CT Boynton Beach Park of Corrmerce Master Plan r1odification I would like more information supplied in reference to the location of High Ridge Road intersection and N W 22 Ave .~ j How close will this be in relation to the proposed interchanqe of 1-95 and N ~I 22 Ave? How much area is available for stacking in the west bound lane of N W 22 Ave? What is the proposed traffic flow from High Ridge Road both North and South of N ~J 22 Ave? #UJ:htc~ Lt. McGarry Police Department WM as MEMO fwm t~ J~J: of RICHARD S. WALKE DIRECTOR OF PUBLIC WORKS, Boynton Beach February 12, 1986 Re Boynton Beach Park of Commerce PLANNING DIRECTOR: I would like to suggest "Compactors" be used to the u.tmost in this long term project Time and money saving would be substantial ~ wv-e4 .. MEMORANDUM 12 February 1986 TO File FROM Carmen S Annunziato, Planning Director RE Boynton Beach Park of Commerce Master Plan Modification The list which follows constitutes the Planning Department's comments on the Boynton Beach Park of Commerce Modified Master Plan. 1 The location of five commercial sites (21 acres) or 78% of all Park commercial acreage, plus the proposed club along N W 22nd Avenue seems to change the character of the Planned Industrial Development and N W 22nd Avenue Instead of projecting to the public an image of an industrial park, the public will be exposed to a commercial strip The intent of the Planned Industrial Development (PID) zoning regulations is to provide "a zoning classification for light industrial development that will better satisfy current demands for light industrial zoned lands " In this regard, the commercial/retail site should be considered to be an adjunct to the light industrial office and research and development industrial land uses It is recommended that the commercial land uses and the club located on N W 22nd Avenue be relocated in a cluster along the central N.E , S W collector road, south of N W 22nd Avenue 2 The applicant should explore the need for a central loading/unloading facility for access to rail service. 3 The master plan should delineate all required greenbelt areas Page Two 4. The right-of-way width for all interior roads should be shown as well as a roadway cross-section depicting sidewalks, bikepaths, traffic lanes, median and turn lanes 5 An Environmental Impact Analysis schedule should be submitted for public review and analysis (~JC-~~ Carmen S Ann iato /bks TREASURE COAST REGIONAL PLANNING COUNCIL M E M 0 RAN 0 U M To Council Members AGEI'lDA IID1 6-D From Staff Subject June 21, 1985 Council Meeting Substantial Deviation - Legal and Procedural Review Date Overview The regional planning council's role in the substantial deviation review process outlined in Chapter 380, Florida Statutes (F S), will change considerably on October 1, 1985 This is due to the fact that the 1985 Legislature enacted modifications to the substantial deviation section of Chapter 380, F S , that will require Council to assume a proactive role in reviewing proposed changes to approved Developments of Regional Impact This role change will necessitate that Council adjust the procedure presently followed in handling substantial deviation issues Current Regional Planning Council Responsibilities Subsection 380 06(17), F S , defines substantial deviation as any change to a previously approved DRI which creates a reasonable likelihood of addi- tional adverse regional impact, or any other regional impact created by the change not previously reviewed by the regional planning council Thi sport i on of the 1 aw has been a source of confus i on for both deve 1 opers and public officials since its adoption The specific provision which causes the greatest difficulty states, in part The local government shall review (the proposed changes to an approved DRI) and make a substant i a 1 dev i at ion determi n at ion The local government shall modify the (DRI) Development Order to reflect the approved changes and shall notify the regional plan- ning counci 1 and State land planning agency of the changes to the Development Order, with the (local gover ment) findings subject to appea 1 An interpretation of this provision is that any change to an approved DRI requires that the Development Order be modified Carried to the extreme this means that if a developer proposes to make relatively insignificant changes to his project, such as changing the width of bicycle paths, the local government must make a substantial deviation determination and modify ----~_._--- ---~-------- the Development Order if the proposed change is approved I n turn, the amended Development Order must then be transmitted to the regional planning council and State land planning agency The regional planning council can then review the local government order and if it disagrees with the local action may appeal the amended Development Order The administrative efforts that can potentially result from the strict application of this provision of the law are considerable To illustrate the extent of this problem, consider that 39 projects have recei ved DRI Development Orders within the four county Treasure Coast region Of these projects, nearly everyone has been modified to some degree, with one development having received 26 amendments to its PUD Zoning Agreement since it was granted DRI approval in 1980 In order to comply with existing law, each time local government approves a change to a DRI it must submit a copy of their approval in the form of an amended Development Order to this Council for review To meet its legal responsibil ity, Counci 1 must review each and everyone of these amendments to determi ne whether it concurs with or objects to the local government decision If necessary, Council can appeal the local order provided it is done within the allotted 45 day period 1985 Revisions to the Substantial Deviation Process CS/HB 287, adopted by the 1985 Legislature and Growth Management Bill, contains provisions existing substantial deviation procedures effective October 1, 1985 generally referred to as the which significantly modify These new provisions are Standards The most significant modification to the substantial deviation section of Chapter 380, F S , is that the new 1 aw spec if i es that if a proposed change meets or exceeds the revised and expanded criteri a then the change is, as a matter of law, a substantial deviation This provision removes the discre- tion currently exercised by local government as to whether the proposed change creates additional adver.se regional impacts Consequently, any such change must receive additional regional impact review Another important change to th is section of 1 aw amends and expands the review guidelines from seven to eighteen criteria Following is an abbre- viated list of the new minimum substantial deviation criteria 1 Attraction/recreational facility - 5 percent or 300 space increase in parking, or 5 percent or 1,000 spectator capacity increase 2 Airport - New runway, new termi na 1, 10 percent expans i on of runway or 20 percent increase in terminal floorspace 3 Hospital - 5 percent or 60 bed increase Process Eff ect i ve October 1, 1985, the way in wh i ch proposed changes to approved DRI are processed wi 11 also change In the future, the developer who proposes changes to an approved DRI will be requ i red to subm; t an app 1 i ca- tion simultaneously to the local government, the regional planning council and the State land planning agency The regional planning council must review the proposed change and within 30 days advise the local government of its intention to participate in the public hearing before the local government Participation at the local public hearing is necessary in order for the regional planning council to maintain its appeal prerogative, otherwise, local government could issue an amended Development Order that authorized regionally significant changes to the DRI and the regional planning council would be precluded from taking legal action to require the appropriate regional review Formal Council Involvement - A Procedure for Determining Regional Significance With the mod if i cat i on to the substant i a 1 dev i at i on sect i on of Chapter 380, Florida Statutes, it is appropriate for the Council to develop an adminis- trat i ve procedure for process i ng amended Deve 1 opment Orders Thi s proce- dure should economize Council time while at the same time prepare Council to implement the new substantial deviation provisions To this end, it is proposed that a "Test of Regional Significance" be applied by staff to each amended Development Order received by Council This test would serve to identify, in a uniform and consistent manner, those changes to approved ORIs that are considered not to be regional in nature and, therefore, inappropriate and unnecessary-for Council review In order fDr staff to accurately determine which amended Development Orders meet the Test of Regional Significance, Council should adopt criteria to guide staff review Theses criteria should be developed and applied based upon past experience wi th amended Development Orders and the new substan- tial deviation criteria As additional experience is developed using the test, the list of criteria could be modified by Council to include additional criteria as appropriate It is suggested that the Regional Significance Test consist of the following Amended Deve 1 opment Orders authori zi ng the fo 11 owi ng changes to previously approved Developments of Regional Impact shall not be considered to be regionally significant and, therefore, shall not b( brought to Council for substantial deviation determination 1 Final approval of development phases which previously received preliminary local government approval and which have been reviewed and found by the regional planning council not to be substantial deviations 2 Correction of typographical and other similar scrivener errors contained in a previously issued Development Order 3 Modification of provlslons contained in protective covenants and/or restrictions which deal with matters of concern to the residents of the development only 4 Additional conditions placed on the developer by the local govern- ment which are clearly of local interest only 5 Approval of changes to architectural and landscape designs 6 Approval of requests to relocate minor anci llary structures and facilities, such as swimming pools, golf carports, gazebos, trash collection stations, etc Amended Development Orders which authorize any of the above changes will not require review by Council with the following exception The Executive Director determines that there is a circumstance unique to a particular local government amended Development Order that warrants consideration by Council Amended Deve 1 opment Orders wh i ch au thor i ze changes to approved DR! s beyond the scope of the changes specified above, or at the .direction of the Executive Director consistent with the exception abovet shall be reviewed by staff according to 1 The substantial deviation criteria currently specified Subsection 380 06(17), Florida Statutes in 2 The new substantial deviation criteria contained within CS/HB 287 The report to Council which evaluates the changes to a DR! to determine whether a substantial deviation has occurred shall thoroughly and clearly explain the analysis conducted by staff The report shall contain two conclusions The first conclusion is to be based on the substantial deviation criteria effective through September 30 The initial analysis and conc 1 us i on sha 11 serve as the bas i s for staff recommend at ions submi tted on any amended Development Order issued prior to the October 1 effecti ve date of the new law The second analysis and conclusi n is to be based upon the new substantial deviation criteria This information will be provided to Council for informational purposes only During this period of transition, Council will have the opportunity to consider the effects of these new standards and guide staff in the implementation of the new criteria after the October 1 effective date The advantages that could be realized by Council through implementation of the Regional Significance Test concept include the following Council wi 11 have i niti ated a process that assures that Counci 11 s substantial deviation responsibilities are met regularly in a consistent and comprehensive manner Increased staff efficiency wi 11 result from the fact that staff time would be spent reviewing only those amended Development Orders that Council had previously determined to be regionally significant Council will develop expertise in the application of the new statutory substantial deviation criteria prior to the October 1 effective date and therefore, facilitate the transition from using existing criteria Provided as an attachment is a letter prepared by Council's attorney which explores both the legal requirements of the substantial deviation clause and the implications of Council's actions with regard to future substantial deviation decisions Recommendation Council should direct staff to implement the Test of Regional Significance with reg ard to all amended Deve 1 opment Orders rece i ved from 1 oc a 1 govern- ment authorizing changes to an approved DRI Further, staff should be directed to prepare reports on amended Deve 1 opment Orders cons is tent with the above guidelines Attachment