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ANNUAL REPORT The City of Boynton Beach Dak S. SlIIprman AssIBtmrt ~ MmMg<r 100 E. B~B-m B6fIkr,am P.O. 8_310 ~"to" Beam, l'Writla 33425-0310 T~: (561) 742-6456 F_: (561) 742-6298 E-mail: SuprmmoD@e/.beya_beado.fl.1IIII www.beya_beado.urg March 4, 2002 Mr. R. Duke Woodson Foley & Lardner 111 North Orange Avenue, Suite 1800 Orlando, Florida 32801-2386 RE: Motorola DRI- Condition NO.2 of DRIA 02-002 Dear Mr. Woodson: This letter is to outline for you that the City of Boynton Beach will be prepared to acknowledge receipt of $10,178.00 as payment for the anticipated off-site lift station improvements, in sCltisfaction of Condition NO.2 of the referenced Development Order. Please forward the check to my attention as outlined in my previous letter of February 21, 2003. In the event the project does not proceed, this amount will be refunded to you upon request. Very truly yours, CITY OF BOYNTON BEACH ~ \~a-L S. I; . ., Dale S. Sugerman Assistant City Manager cc: Lusia Galav, Principal Planner Peter Mazzella, Deputy Utilities Director '{l ;; . , r-, ,/1 , :liiJ ,,1; i , ,j Cf!.-~ IJIfMD ~2-00L! The City of Boynton Beach Dale S. S"8""""" AssIBt""t C~ M_ger 100 E. ~_ BNIdJ B6fIkr,am P.O. 8_310 B"",,_ Beaeb, FlDrItla 33425..0310 Telep"/Hme: (561) 742.6456 F_: (561) 742.6298 E-mail: S..8..........D@e/.l1oy.._beado.fl.1IIII www.beya_beado.urg March 4, 2002 Mr. R. Duke Woodson Foley & Lardner 111 North Orange Avenue, Suite 1800 Orlando, Florida 32801-2386 RE: Motorola DRI- Reserving water and sewer capacity for proposed development Dear Mr. Woodson: Thank you for your interest in reserving water and sewer capacity for the proposed development on the Motorola property that is currently being reviewed for amendments to the DR!. We can, however, accept a payment for reserving capacity no earlier than submittal of the site plan for formal review by the City. At such time, the reservation fee, or if you desire, the full capital facilities charge, may be paid, and accepted by the City, conditioned upon City Commission approval of said site plan. As we understand it, there is a proposal pending for the construction of 500 residential units on the southern limits of the DRI property. Once that site plan is submitted for those 500 units, we would be happy to accept the capacity reservation payment or the full capital facilities charge payment. Should the City Commission not approve all or portions of the site plan as submitted, you would be entitled to a refund for that capacity not approved. Very truly yours, CITY OF BOYNTON B ~ili ~ Dale S. Sugerman Assistant City Manager ~ ~ ',; .~li\,'-( cc: Lusia Galav, Principal Planner Peter Mazzella, Deputy Utilities Director (fl't. ::J;!.-~ M (M J) 02 -06 f BRUSSELS CHICAGO DENVER DETROIT JACKSONVILLE LOS ANGELES MADISON MilWAUKEE ORLANDO SACRAMENTO SAN DIEGO/DEL MAR SAN FRANCISCO TALLAHASSEE TAMPA WASHINGTON. D,C. WEST PALM BEACH FOLEY LARDNER ATTORN E Y S LAW A T 1-. Ii, ,': .,,1 1:)1".-:.....,- II'" II iULJ, FEB 2 , 2003 ' , I b!~',.~~T~r rev.I '''Vi February 17,2003 Jim Snyder DRI Coordinator Treasure Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, FL 34994 Ken Metcalf Regional Director/Southeast Region Division of Community Planning Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399 Re: Motorola DR! Dear Ladies and Gentlemen: Jim Golden DRI Coordinator South Florida Water Management District 3301 Gun Club Road West Palm Beach, FL 33416-4680 Lusia Galav Planning Department City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 Enclosed herein is a copy of the Annual Report for the Motorola Development of Regional Impact located in the City of Boynton Beach, Florida. Please do not hesitate to contract me if you have any questions about this Annual Report. EMAS:dr cc: Daryl M. Carter Jeff Douglas Kahart Pinder R. Duke Woodson ..jj -:::-~' FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801.2386 P. o. BOX 2193 ORLANDO. FLORIDA 32802.2193 TEL 407.423.7656 FAX: 407.648.1743 WWW.FQLEYlARDNER.COM .~ , J Sincerely yours, (~~~ Ellen M. Avery-Smith WRITER'S DIRECT LINE 407.244.3234 ~. CLIENT/MATTER NUMBER 031498.0124 EMAIL ADDRESS Eavery@foleylaw.com 006.278999.1 FORM RPM-BSP-ANNUAL REPORT-} STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DNISION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 850/488-4925 DEVELOPMENT OF REGIONAL IMPACT ANNUAL REPORT Subsection 380.06(18), Florida Statutes (F.S.), places the responsibility on the developer of an approved development of regional impact (DR!) for submitting an annual report to the local government, the regional planning agency, the Department of Community Affairs, and to all affected permit agencies, on the date specified in the development order. The failure of a developer to submit the report on the date specified in the development order may result in the temporary suspension of the development order by the local government until the annual report is submitted to the review agencies. This requirement applies to all developments of regional impact which have been approved since August 6, 1980. If you questions about this required report, call the DR! Planner at (850) 488-4925. Send the original completed annual report to the designated local government official stated in the development order, with one copy to each ofthe following: a) The regional planning agency of jurisdiction; b) All affected permitting agencies; c) Division of Community Planning Bureau of Local Planning 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 006.285350.1 ANNUAL STATUS REPORT Reporting Period: December 18. 200 I to December 17. 2002 Month/DayN ear MonthlDayN ear Development: Motorola Development of Regional Impact Name ofDRl Location: Citv ofBovnton Beach. Palm Beach Countv City/County Developer: Name Maury L. Carter & Associates. Inc. Company Name Address: 908 S. Delanev Avenue Orlando. Florida 32806 City, State, Zip a. Describe any changes made in the proposed plan of development, phasing, or in the representations contained in the Application for Development Approval since the Development of Regional Impact received approval. Note any actions (substantial deviation determinations) taken by local government to address these changes. Note: If a response is to be more than one sentence, attach as Exhibit A detailed description of each change and copies of the modified site plan drawings. Exhibit A should also address the following additional items if applicable: a) Describe changes in the plan of development or phasing for the reporting year and for the subsequent years; See Exhibit A. b) State any known incremental DRl applications for development approval or requests for a substantial deviation determination that were filed in the reporting year and to be filed during the next year; See Exhibit A. 006.285350.1 c) Attach a copy of any 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 Paragraph 380.06(15)(f), F.S. Not applicable. /VOle. ,#J I ADofTHJ 12-/ ,.., /0'2. . O~/~ NO. oZ-Olo1 b. Has there been a change in local government jurisdiction for any portion of the development since the development order was issued? If so, has the annexing local government adopted a new DR! development order for the project? Provide a copy of the order adopted by the annexing local government. There has been no change in local government jurisdiction for any portion of the development. c. Provide copies of any revised master plans, incremental site plans, etc., not previously submitted. Note: If a response is to be more than one or two sentences, attach as Exhibit B. See Exhibit B. d. Provide a summary comparison of development activity proposed and actually conducted for the reporting year as well as a cumulative total of development proposed and actually conducted to date. Example: Number of dwelling units constructed, site improvements, lots sold, acres mined, gross floor area constructed, barrels of storage capacity completed, permits obtained, etc. Note: If a response is to be more than one sentence, attach as Exhibit C. No development activity was proposed or actually conducted during the reporting period. e. Have any undeveloped tracts of land in the development (other than individual single- family lots) been sold to a separate entity or developer? If so, identify tract, its size, and the buyer. Provide maps which show the tracts involved. Tract Buyer Note: If a response is to be more than one sentence, attach as Exhibit D. See Exhibit D. 3 006.285350.1 f. Describe any lands purchased or optioned adjacent to the original DR! site subsequent to issuance of the development order. Identify such land, its size, and intended use on a site plan and map. Note: If a response is to be more than one sentence, attach as Exhibit E. The developer has not purchased or optioned any land adjacent to the original DRI site. g. List any substantial local, state and federal permits which have been obtained, applied for, or denied during this reporting period. Specify the agency, type of permit, and duty for each. Note: If a response is to be more than one sentence, attach as Exhibit F. See Exhibit F. h. Provide a list specifying each development order condition and each developer commitment as contained in the ADA and state how and when each condition or commitment has been complied with during the annual report reporting period. Note: Attach as Exhibit G. See Exhibit G. i. Provide any information that IS specifically required by the development order to be included in the annual report. Not applicable. j. Provide a statement certifying that all persons have been sent copies of the annual report in conformance with Subsections 380.06(15) and (18), F.S. I bereby certify that all required persons have been sent copies of this DRI annual report in conformance with Subsections 380.06(15) and (18), Florida Statutes. Person completing the questionnaire: Ellen M. Avery-Smith Title: Attornev Representing: Maury L. Carter & Associates. Inc. 4 006.285350.1 - ---_.._-_..---------_...,.~_.._----~...__._.- EXHIBIT A CHANGES IN DEVELOPMENTIPHASING The developer purchased the property that comprises the Motorola Development of Regional Impact in December 2002. Prior to purchasing the Motorola property, the developer filed a Notice of Proposed Change to amend the land uses approved in the DR! Development as follows: ORIGINAL DEVELOPMENT ORDER PROPOSED AMENDMENT Land Use Square Feet Land Use Square FeetlUnits Industrial 625,000 SF Industrial 128,000 SF Office 200,000 SF Office 450,000 SF Multi-Family Residential 500 Units Commercial 63,500 SF The NOPC has not, as of the date of the filing of this annual report, been approved by all applicable agencies. 5 006.285350.1 006.285350.1 EXHIBIT B REVISED MASTER DEVELOPMENT PLAN FOR MOTOROLA DRI 6 rn LAND USE Industrial Local Retail Commercial Total 39.3t DC. 45.1t- ce. B7.4:t: DC. D EXISTING SIGNALIZED INTERSECTION o EXISTING fULL ACCESS POINT . PROPOSED FULL ACCESS POINT . PROPOSED R1Gl-IT INlRIG+lT OUT ~ ~ - ~ - ecAL.E, \'. 400' ~!!!iI!!L _ _ _ _ _ -----Jlll~~~ ~~eYQrd H _ _ _ JU i -- ~~~~ a ~~~~~~~~::::-= 0 ::.:.:.:.~.:'.:'.:'.:'.:'~ a ~:::::::::::::::: II uF----- II II II II' 111 II' III II/ II II lit 11 II II II II, 1111 III II. 1111'/ ~r::1 II Il II JI' II III ==:: . iiilii II II III II III 11 1U II II' E III II. IU II II > II 111 <l:lll 11 Il'l II II Il'llll II. V III II ~ II III lS " "I u II II III II II II III II. III II. --I" II === ~ ---- w I" " " I" " I" I" " " " I" I" " I" II " " I" ~I:: II " " I" " -011 -I:: " " ----- Industrial 3'L3t Ac. EXI5T1NGi STlWCTURE TO Rfl'1,.,IM " '" ", II "I II " " III ::,' " " " ", " II I " " " " " " III " II t--- - - "I II " Local Retail Commerdal 48.1t Ac. EXI5T.-lGi 5TRUCTURr: TORUWN . . \ , \ ~ , \ ~ ~ \ I >i ' · 6 ' ~ 1. \ I , . I . I , , , I I I I I I I I , I L LHD=~L~2~_____\\ r TI-1E MOTOROLA DRI NOPC PROPOSED FUTURE LAND USE AMENDMENT Boynton Beach, Palm Beach County, Florida :3 OcU>ber, 2002 CPH Project No.' 03201 EXHIBIT C LAND USE TYPE PROPOSED BIDLT MEASURE TOTAL TOTAL MEASURE TillS PERIOD TillS PROPOSED BUILT PERIOD TO DATE TO DATE Industrial None None 625,000 SF 550,000 SF Office None None 200,000 SF OSF Other development None activity conducted 7 006.285350.1 EXHIBIT D LAND SOLD BY DEVELOPER The entire Motorola DR! property was purchased by the developer from Motorola in December 2002. No individual parcels have been conveyed to third parties as of the filing of this annual report. 8 006.285350.1 EXHIBIT E ADDITIONAL LANDS Not applicable. The developer has not purchased or optioned any lands adjacent to the original DR! site. 9 006.285350.1 -_._~---_..__._~-----_._---~._~----~------_.- EXHIBIT F PERMITS OBTAINED/APPLIED FOR/DENIED APPLICATION SUBJECT STATUS 1. Notice of Proposed Change Details of the NOPC are set forth on Pending Exhibit "A" hereto. 2. Land Use/Amendment An application to amend the land use and Pending Rezoning zoning designations for the property has been filed with the City of Boynton Beach. 3. Site Plan A master site plan for the property has Pending been filed with the City of Boynton Beach. 4. Migratory Bird Nest Removal An application to remove burrowing owl Pending Permit Application nests from the property has been filed with the Florida Fish and Wildlife Conservation Commission. 10 006.285350.1 EXHIBIT G DEVELOPMENT ORDER CONDITIONS Development Order Conditions Status 1. Archaeological artifacts. Ongoing as applicable. 2. Vacuum sweeping of paved surfaces. Ongoing as applicable. 3. Toxic or hazardous wastes. Ongoing as applicable. I 4. Waste handling and disposal. Ongoing as applicable. I 5. Motorola plant operation related to waste handling. Ongoing as applicable. I 6. Options for hot water requirements. Ongoing as applicable. I 7. Easements for bikeway/pedestrian path. Completed. a. Security fencing. Condition waived by City of Boynton Beach. 8. Roadway and traffic improvements. a. Project driveways at Congress Avenue, Northwest Completed. 22nd A venue, signalization and turn lanes regarding same. b. Intersection of Congress Avenue, Northwest 22nd Completed. A venue with turn lanes and signals. c. Roadway improvements, signals for Congress Completed. Avenue, Northwest 22nd Avenue and Seacrest Boulevard. d. Widening of Congress Avenue between Boynton Completed. Beach Boulevard and Hypoluxo Road to 6 lanes. 9. Right-of-way dedication for Congress Avenue, Completed. Northwest 22nd Avenue. 11 006.285350.1 10. Car pooling program. Ongoing. I 11. Van pool program. Ongoing.! 12. Bus service expansion. Completed. I I These conditions applied to the Motorola manufacturing facility and related offices, which have substantially closed down in this location. 12 006.285350.1