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CORRESPONDENCE The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 /r:"'~~" " !. . '\ '.'..- c.. 1 .. t '. 1--- c,'I.. . ~ '. /,- 0\--_ /..': ,........'..",.... .......,";:..,v 1"[,- to ~~ 1; www.boynton-beach.org July 26, 2007 Kim Glass-Castro Ruden McClosky 222 Lakeview Avenue Suite 800 West Palm Beach, FL 33401 Subject: Renaissance Commons DR!- Confirmation of construction status Dear Kim: The purpose of this letter is to confirm that the Renaissance Commons DR! has been under continuous construction activity since March, 2004 with the demolition of the old Motorola plant. Current construction work involves Phase IV, as represented by active building permits. In consideration of this activity, the City acknowledges that the DR! is eligible for the 3-year build-out extension pursuant to the Florida Statutes, Chapter 380.06. Please contact me should you need anything further regarding this matter. Sincerely, Ide Michael Rumpf Planning & Zoning Director S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\DRlA 03-001\Activity letter re DRI extension.doc Department of Engineering and Public Works EO. Box 21229 West Palm Beach, FL 33416-1229 (561) 684-4000 www.pbcgov.com . Palm Beach County Board of County Commissioners Tony Masilotti, Chairman Addie L. Greene, Vice Chairperson Karen T Marcus Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer" @ printed on recycled paper January 6, 2006 r-" r ,; ~ ~ ~7 [: 'C , Ie, I c Ii) e " - , " j, -9 , i J 1 1 1_--_,. I I t., ~ .'\,:i~}:FNT 01= OEVELOPMf Mr. Michael Rumpf Director Planning & Zoning City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33425-0310 RE: Motorola DRI- Renaissance Commons - 4'" Revision TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Mr, Rumpf: The Palm Beach County Traffic Division has reviewed the traffic equivalency statement for the fourth revision of the previously approved DRI entitled; Motorola DRI - Renaissance Commons, pursuant to the Traffic Performance Standards in Article 1501 the Palm Beach County Land Development Code. The project is summarized as follows: Location: Southeast corner of Congress Avenue and Gateway Boulevard intersection, Boynton Beach 13,020 Daily, 1,634 Peak Hour 1,547 MF Residential Units (Condos), 145 MF Residential Units (Apartments), 193,000 SF General Retail, 219,410 SF General Office, and 15,000 SF Daycare. 19,289 ADT 1,011 AM and 1,394 PM 2010 Municipality: Vested DRI Trips: Proposed Uses: New Daily Trips: New PH Trips: Build-out: Based on our review, the Traffic Division has determined that the 4th revision of the proposed DRI is projected to generate less peak hour trips than what was originally approved, and therefore meets the Traffic Performance Standards of Palm Reach County. Furthermore, as suggested earlier, the City should r"'quire the aeveloper to evaluate the need for the following: . Southbound left-turn lanes along Congress Avenue, onto the ~orthern and the middle driveways. . Northbound right-turn lanes along Congress Avenue, o~to the southern and the middle driveways. . Westbound left-turn lane along Gateway Boulevard, onto thE: easiel'~ driveway. . Eastbound right-turn lane along Gateway Bouievard, onto the eastem driveway. Page 2 No building permits are to be issued by the town, after the build-out date, specified above. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. If you have any questions regarding this determination, please contact me at 684-4030. Sincerely, /Y)- Masoud Atefi, Project Review cc: MTP Group File: General - TPS - Mun - Traffic Study Review F:I TRAF FI ClmalAdminlApprovalsl0601 04. doc 67/26/2664 15:57 5514341553 PINDER TROUTMAN _, I \:>v ~ I PAGE 61 PIHDER TROUTMAN CoHSULTING, I He. TraiDl"" t.6.n Planners and EngIneeIs Fax Transmittal Form DATE: July 20, 2004 TIME: 4:33 PM TO: Mr. earl Klepper COMPANY: Compsoo Associates FAX NUMBER: (561) 391.2423 PHONE NUMBER: PROJECT NAME: Renaissance Commons PROJECT NUMBER: #PTC03-15 NUMBER OF PAGES INCLUDING COVER: 2 Copies to: Ms. Kim Glas 514-3442 IZI WI Enclosures o o o D D Urgent D As Requested D For Review 0 Please Reply D Original Will Follow Message: FOOT Letter. From the desk of.... Kahart M. Pinder, A1CP Principal Pi.... TrlIlIWaa tv_ltl.... Inc. 2324 South Congress Avenue, Suite 1 H West Palm Beach, FL 33406 PTC 561 -434-1644 Fax 561.434-1663 E-mail _ptc@pindertroutman.com PAGE 1/2. RCVD AT 7/20/2004 4:42:58 PM (Eastern Daylight Time). SVR:FTLWEB117. ONI8:3442. CSID:5614341663. DURATION (mm-ss):02-GS . 07/20/2004 15:57 5514341553 PINDER TROUTMAN FOOTIPLAI.r-IING OFFICE Fax:954-777-4671 Jul 20 'OIl 16:31 PAGE 02 ~. LT2 nlll\lSlf GOVKllloa ~ Florida Department of lTansportation I'lIINHI'40AND IIN_TAI. /MNAGfMiNT. DI$T~Cf 4 :uoow..t CoMtMtciolN... Pt. 14udwd., Pl13S09.342l T<l."hoo. (954) 177 .~, Po (9lUl7" ...71 To&l mt Nun'lb.r; '.16'.33644' JostAJuo SlCUT.unr July 20, 2004 MidI..a J. IluIba, AlCP ~Dinctor 1'IaiIIlft COIIt lleP-J PIImIiIl& CowIdl 301 Eat 0ccaII BciIJWrlrd, Sub 300 StuIrt, FL 34994 0. Mr. BuIIIa: SUIl1IlCT: _.&... t ('-_ (f.k.a. Motorola) DcnIopaoeat ofReai1lllallmpact (Dill) CIty .''''-' a..do, P.w ...... CouII1:J NolIfIcatlaa "'''' ~r...d CIlup (l'lOpc) -....- to <;.,.... 1~ 1'be o...-~ bu "- W<IdWlg. Mr. KIhart M. PiD:Ier ofPiDdcr T.- c.->.......1Dc.1O ~ 1be o:n-nl' ll"llIII dle~repnlia8a...;..dlrlffic"dalocI J_7, Z0041l&1l_ proWtId hi suppllR of a ~.... cl Pr\lplIed CbIaIe (NOPe) for tbe p-.;.~,- Cll"'........ (f.U. MoIllroIa) Dcve'T'- of R.qJi<luI Impect (Dll). The w.t lrIffic aaalysis pI'OYidad by Mr. PisMIor iDdio.1ed that. oMi.v-l _bOaDCI dIrw&b IIDt -.14 be lIIlOdtldat the iIIIoneoticD ofOateway BouIcvIlll aod Calpas A_lOop<<ale at In ~1e lcwIof,,""," lit tbc projegt'. buikIaut ~ (2005). UpoolNYiow oftbc 1nIllo Ill&lyoia Jll'Mdod by Mr. PiDdor, tIle~ ilu DO 1lII1Iler" -. TIIIrefcR. we baYO DOobjecli<m to tbc NOPe. PIcaIe &eI iI'eo 10 _tbia af&lc .(954) m-4601 iBluW you have ay ~.. sa-.Iy, GS:aD'cw cc: D.llayEullolrko ('~'~~ProgramAdmiDill_, FDCA Iklb Romi& -~, ()l!l(IC .,cPolicy I'IamIiDI. FOOT Gerry O'RciIly - DiIlrict Dinda" of PIaaIIiD8 &ad,..,............. FOOT JoIm Kr.- - TralIIPQItaIicla PI&IIIIiDa ED,iDnr. FOOT KIhort PDuIor - PiDdor T_ c-\lhiDa.lDc. ...--...,..- - -.., ..-....... www.doe.lt8t8.fl.UI *"""'""'""- PAGE 2/2 * RCVC AT 7/20/2004 4:42:58 PM [Eastern Daylight Time] * SVR:FTLWEB117. DNIS:3442. CSID:5814341863. DURATION Imm-ss):02-oS '.' t. "I -. STATE OF FlORIOA DEPARTMENT OF COMMUNITY AFFAIRS JEBBUSH Governor "Dedicated to making Florida a bener place to call home" THADDEUS L COHEN, AlA ""......, September 22, 2004 Ms. Margaret-Ray Kemper Ruden, McClosky, Smith, Schuster & Russell, P.A. 215 South Monroe Street Suite 815 Tallahassee, Florida 3230 I Re: Renaissance Commons DRI (Motorola DRI), Boynton Town Center and Boynton Village Clearance Letter Request, CL-I005-004 Dear Ms. Kemper: The Department received your letter dated September I, 2004 in which you requested an informal detennination from the Department confirming that Boynton Town Center and Boynton Village (hereinafter referred to as the Boynton Projects) are not required to be aggregated with the Renaissance Commons Development of Regional Impact (DR!) and treated as a single development, pursuant to Section 380.0651(4), Florida Statutes (F.S.). Your request for a detennination is made because James Comparato and Carl E. Klepper, Jr., both manage entities that own the Renaissance Commons DRI. Additionally, Carl E. Klepper, Jr., and James Comparato both have an ownership interest in the Boynton Projects, although their respective ownership interest does not exceed twenty-five percent. When one of the developments at issue is a DRI, the aggregation criteria as set forth in Section 380.0651(4), Florida Statutes (F.S.), and in Rule 9J-2.0275, Florida Administrative Code (FAC.), will govern the detennination. Pursuant to Section 380.0651(4), F.S., two or more developments, "shall be aggregated and treated as a single development when they are determined to be part of a unified plan of development and are physically proximate to one another". According to the information provided, Renaissance Commons is north of the C-16 Canal, south of Gateway Boulevard, east of Congress Avenue, and west of the E-4 Canal. Boynton Village is south of the C- 16 Canal, north of Old Boynton Road, east of Congress Avenue, and west of the E-4 Canal. Renaissance Commons and Boynton Village are separated by the C-16 Canal. Boynton Town Center is located at the intersection of Congress Avenue and Old Boynton Road, and its northern and eastern boundaries are adjacent to Boynton Village. Therefore, the Renaissance Commons and the Boynton Projects are physically proximate as defined in Rule 9J-2.0275, Florida Administrative Code (FAC.). 2555 SHUMARD OAk BOULEVARD. TALLAHASSEE, FLORIDA 32399.2100 Phone: (850) 488-8466/Suocom 278-8466 FAX: (850) 921-Q781/Suncom 291-0781 Internet address: http~l!www.dc3.Uate fl U~ COMlv\UNITY PV.NNING EMERCENCY MAN....CEMENT 2555 Shumal'd Oak Boulevard 2555 5humatd Oak Boulevard Tallahassee, Fl 32399-21(10 Tallahassee, Fl 32399-2100 (850)488-2356 (850)413-9969 CRITICAl. ST^TE CONCERN FIELD OFFla 2796 Overseas Hishway, Suite 212 MarathOfl,FL 330SO-2227 (305)289-2402 HOUSING & COMMUNITY DEVElOPMENT 2555 Shumard Oak Boul@vard Tallahas.see,Fl32399-21oo (8501488-7956 ., --\ , Ms. Margaret-Ray Kemper September 22, 2004 Page Two Further, pursuant to Subsection 380.0651(4Xa), F.S., two of the following criteria must be met in order to determine that two developments share a unified development plan: 1.a. The same person has retained or shared control of the developments; 1.b. The same person has ownership or a significant legal or equitable interest in the developments; or 1.c. There is common management of the developments controlling the form of physical development or disposition of the parcels of the development. 2. There is a reasonable closeness in lime between the completion of 80 percent or less of one development and the submission to a governmental agency of a master plan or series of plans or drawings for the other development indicating a common development effort. 3. A master plan or series of plans or drawings exists covering the developments sought to be aggregated which have been submitted for authorization to commence development. 4 The voluntary sharing of infrastructure that is indicative of a common development effort, except that which was required by a local government or other agency. 5. There is a common advertising scheme or promotional plan in effect for both developments. According to the information provided, Renaissance Commons is owned by Compson Associates of Boynton, LLC, and Compson Associates of Boynton 11, LLC. James Comparato and Carl E. Klepper, Jr., are the managers of both entities and have !be ability to control the development of Renaissance Commons. Boynton Village is being acquired by 1950 Congress Avenue, LLC. Boynton Town Center is being acquired by Boynton Beach Place, LLC. James Comparato has a twenty percent interest and Carl E. Klepper, Jr., has a five percent interest in each of those companies with the remaining seventy-five percent being owned by the Sembler Company. Neither James Comparato nor Carl E. Klepper, Jr., will manage those entities. An affiliate of the Sembler Company will manage both 1950 Congress Avenue, LLC, and Boynton Beach Place, LLC, and will control their development. Neither the Sembler Company, nor its affiliate, which will manage Boynton Village and Boynton Beach Place, has an ownership or leasehold interest in Renaissance Commons or manages or controls Renaissance Commons. ElOCept for James Comparato'and Carl E. Klepper. Jr., none of the entities or individuals with an interest in Renaissance Commons has any ownership or leasehold interest in the Boynton Town Center or Boynton Village or an option to acquire all or a portion of these developments. Because James Comparato and Carl E. Klepper, Jr., do not manage Boynton Town Center or Boynton Village and their interest in these developments does not exceed twenty-five percent, and because neither the Sembler Company nor its affiliate has an interest in or manages Renaissance Commons, Renaissance Commons and Boynton Town Center and Boynton Village are not commonly owned, managed or controlled. Therefore none of the criteria 1 a - c would be met. The information provided indicates that the Renaissance Commons, Boynton Town Center and Boynton Village will be developed as totally separate and distinct developments. There is no master plan ,. , l Ms. Margaret-Ray Kemper September 22, 2004 Page Three or common plan of development for the properties which has been submitted to the City or to a permitting agency. While the properties will be developed concurrently, the reasonable closeness in time criterion is not met as that criterion requires the submittal to a governmental agency of a master plan indicative of a cornmon plan of development. Therefore, the criteria of Subsections 380.0651(4)(a)2 and 3., F.S., have not been met. Rule 9J-2.0275(2)(e), F.A.C, provides that the sharing of infrastructure implies the voluntary joint use by two or more developments of internal roadways, internal recreational facilities or parks, amenities, or water, sewage or drainage facilities SPOCifically constructed to accommodate the developments sought to be aggregated Your information indicates that different surface management water systems will serve Renaissance Commons and the Boynton Projects and that the drainage facilities of one development will not be shared by the other. Access to Renaissance Commons will be provided via entry points along Congress Avenue and Gateway Boulevard, both of which are public roads. Access to the Boynton Projects will be provided via Congress Avenue and Old Boynton Road, which is also a public road. Water and wastewater service to the developments will be provided by the City. Electric service to the developments will be provided by Florida Power and Light. Therefore, as there will be no voluntary sharing of infrastructure other than that provided by the City or other agency, the criterion of Subsection 380.065 I (4)(a)4, F.8., has not been met. Rule 9J-2.0275(2)(I), F.A.C., provides that a common advertising scheme or promotional plan means any depiction, illustration, or announcement which indicates a shared commercial promotion of two or more developments as components ofa single development and is designed to encourage sales or leases of property. You have indicated that there will be no common advertising or promotional plan for the Renaissance Commons and the Boynton Projects. Therefore, the criterion of Subsection 380.0651(4)(a)5, F.8., has not been met. In conclusion, based on the above representations, Renaissance Commons and the Boynton Projects would not be part of a unified plan of development. Therefore, based on the information provided, the Department detennines that Renaissance Commons and the Boynton Projects do not meet the aggregation criteria as outlined in Section 380.0651(4), F.S. Please be aware that the conclusions of this letter represent an informal detennination based on the information presented in your letter and discussions with the Department. The Department has no independent knowledge of any of your assertions. The Department hereby reserves all rights pursuant to Chapter 380, Florida Statutes, concerning these developments. Further review of these developments may be required if the developers' plans represented above are materially changed. If you have any questions or comments concerning this matter, please call Caroline Knight, Planner, at (850) 922-1773. Sincerely yours, C~ Chief of Comprehensive Planning CG/ck cc: Mr. Michael Busha, Director, Treasure Coast Regional Planning Council Mr. Michael W. Rumpf, Director of Planning and Zoning, City of Boynton Beach ~ Ruden ~~I McClosky 215 SOUTH MONROE STREET SUITE 815 TALLAHASSEE, FLORIDA 32301 (850) 412-2000 FAX: (850) 224-2032 MARGARET-RAY. KEMPER@RUDEN.COM June 17,2004 Michael W. Rumpf, AICP Director, Planning and Zoning 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Re: Renaissance Commons, Boynton Town Center, and Boynton Village Dear Mr. Rumpf: You have asked our opinion as to whether Boynton Town Center and Boynton Village (hereafter "Boynton Projects") and Renaissance Commons meet the aggregation criteria set forth in Section 380.0651(4), Florida Statutes, and in Rule 9J-2.0275, Florida Administrative Code. Our analysis indicates that the developments do not meet any of the aggregation criteria except proximity. Renaissance Commons is north of the C -16 Canal, south of Gateway Boulevard, east of Congress Avenue, and west of the E-4 Canal and is within the Motorola Development of Regional Impact ("DRI"). Boynton Village is south of the C-16 Canal, north of Old Boynton Road, east of Congress Avenue, and west of the E-4 Canal. Renaissance Commons and Boynton Village are separated by the C-16 Canal. Boynton Town Center is located at the intersection of Congress Avenue and Old Boynton Road, and its northern and eastern boundaries are adjacent to Boynton Village. \\lhen as here, une of the devdopn1ents (Renaissance Con1ffions) is \vithin a DRI, the aggregation criteria are used in evaluating whether the non-DRI development (Boynton Projects) should be added to the existing DRI (the Motorola DR1) through the substantial deviation process. Developments will be aggregated for DRI purposes if the developments are physically proximate to one another and are part of a unified plan of development. Renaissance Commons and the Boynton Projects are physically proximate as that term is defined in the Department of Community Affairs' aggregation rule (Rule 9J-2.0275, Florida Administrative Code). However, the developments are not part of a unified plan of development. T AlA7243:3 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT.lAUDERDAlE . MIAMI. NAPLES. ORLANDO. PORT ST.LUCIE . SARASOTA. ST. PETERSBURG. TAllAHASSEE. TAMPA. WEST PALM BEACH Michael W. Rumpf, AICP June 17,2004 Page 2 For there to be a unified plan of development, two of the following five criteria must be met: I. common ownership, control, or management; 2. a reasonable closeness in time between the completion of 80% or less of one development and the submission to a reviewing or permitting authority of plans or drawings for the other development indicating a common development effort; 3. the submission of a master plan showing the entire development area to a reviewing or permitting authority, as for example, in a plat or permit application; 4. the voluntary sharing of infrastructure; or 5. a common advertising scheme or promotional plan. Common ownership will not be found unless the same person or entity has an interest or an option to obtain an interest of more than twenty-five percent (25%) in each development or has a leasehold estate of more than 30 years. The voluntary sharing of infrastructure will not be found if the infrastructure at issue is required to be shared by the local government or a permitting agency. Public recreational facilities or parks and publicly financed stormwater management, water facilities, and sewer facilities are also not considered shared intrastructure for purposes of aggregation. Renaissance Commons is owned by Compson Associates of Boynton, LLC and Compson Associates of Boynton II, LLC. James Comparato is the manager of both entities and has the ability to control the development of Renaissance Commons. Boynton Village and Boynton Town Center are being developed on what is known as Winchester site. Boynton Village is being acquired by 1950 Congress Avenue, LLC. Boynton Town Center is being acquired by Boynton Beach Place, LLC. James Comparato has a twenty percent (20%) interest and Carl E. Klepper, Jr. has a five percent (5%) interest in each of those companies with the remaining seventy-five percent (75%) being owned by The Sembler Company. The Sembler Company will manage the Boynton Projects and so will control their development. The Sembler Company does not have any ownership or leasehold interest in Renaissance Commons nor does it have an option to acquire all or a portion of Renaissance Commons or manage or control Renaissance Commons. (As noted above, James Comparato manages the entities which own Renaissance Commons.) Except for James Comparato and Carl E. Klepper, Jr., none of the entities or individuals with an interest in Renaissance Commons has any ownership. or leasehold interest in the Boynton Projects or an option to acquire all or a portion of the Boynton Projects. RU DEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. LAUDERDALE . MIAMI. NAPLES. ORLANDO. PORT S1.LUCIE . SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH T AL:4724B Michael W. Rumpf, AICP June 17.2004 Page 3 Because James Comparato does not manage the Boynton Projects and his interest in the Boynton Projects does not exceed twenty-five percent (25%) and because none of the other entities which own one development has any interest in the other development, Renaissance Commons and the Boynton Projects are not commonly owned, managed, or controlled. Renaissance Commons and the Boynton Projects will be developed as totally separate and distinct developments. There is no master plan or common plan of development for the properties, and no master plan or drawing which includes the three developments has been submitted to the City or to a permitting agency. While the properties will be developed concurrently, the reasonable closeness in time criterion is not met as that criterion requires the submittal to a governmental agency of a master plan indicative of a common plan of development. As noted above, no such plan has been submitted. Different surface water management systems will serve Renaissance Commons and the Boynton Projects, and the drainage facilities of one development will not be shared by the other. Access to Renaissance Commons will be provided via entry points along Congress Avenue and Gateway Boulevard, both of which are public roads. Access to the Boynton Projects will be provided via Congress Avenue and Old Boynton Road, which is also a public road. Water and wastewater service to the developments will be provided by the City. Electric service to the developments will be provided by Florida Power and Light. The only infrastructure which will be shared by Renaissance Commons and the Boynton Projects is a north-south road which will cross the C-16 Canal and connect Old Boynton Road and Gateway Boulevard. The City has mandated that a bridge across the C-16 Canal be provided so that the north-south road will afford an alternative to and relieve some traffic from Congress Avenue. Because the City has mandated that the bridge across the C-16 Canal be constructed, the north-south road does not constitute the voluntary sharing of infrastructure. Finally, there will not be a common advertising scheme or promotional plan for Renaissance Commons and the Boynton Projects. In conclusion, the Boynton Projects and Renaissance Common do not meet any of the aggregation criteria which are indicative of a common plan of development, and the Boynton Projects do not have to be added to the Motorola DRI through the substantial deviation process. If you have any questions or wish additional information, please call me. Sincerely, \\a.o~~ Margaret-Ray Kemper cc: James Comparato T ALA724303 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH ~Ruden ~~IMcClosky " 1 I L__._ IrrTtrl-1. ~..,- r,-: ;'C !~-~-_'~_"':"-m' '.~._",_ 222 LAKEVEW AVENUE SUITE 800 WEST PALM BEACH, FLORIDA 33401-6112 (561) 838-4542 FAX: (561) 514.3442 KIM.GLASCASTRO@RUDEN.COM June 14,2004 Michael Rumpf, AICP Planning & Zoning Director 100 E. Boynton Beach Boulevard Boynton Beach, FL 33345 Michael Busha Treasure Coast Regional Planning Council 301 East Ocean Blvd., Suite 300 Stuart, FL 34994 Caroline Knight Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399 Chon Wong FDOT District 4 Planning and Environmental Management 3400 W. Commercial Boulevard Fort Lauderdale, FI 33309 RE: Mass Transit Analysis Related to Notice of Proposed Change ("NOPC") to the Renaissance Commons (fka Motorola) Development of Regional Impact Proposal You should have received a revised traffic analysis prepared by Kahart Pinder. Under this cover, I am providing a multi-modal analysis to supplement the DRI's data and analysis (since the DR! analyses are the supporting documentation for the DR1-related comprehensive plan amendment.) WPB:173895:2 CARACAS. FT. LAUDERDALE . MIAMI. NAPLES. PORT ST. LUCIE . SARASOTA. ST. PETERSBURG . TALLAHASSEE . TAMPA .WEST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE' MIAMI' NAPLES' ORLANDO' PORT ST. LUCIE . SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH Page 2 We are confident that the revised traffic analysis presents clear and convincing evidence to rebut a presumption of substantial deviation. If any further discussion is needed prior to the City's public hearing for adoption of the Development Order Amendment on July 6th, please contact me. Sincerely, L Kim Glas-Castro, AICP cc: Compson Associates of Boynton 11, LLC E. Lee Worsham, Esq. WPB:173B95:2 CARACAS' FT. LAUDERDALE' MIAMI' NAPLES. PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA 'WEST PALM BEACH RENAISSANCE COMMONS Mass Transit 1 Multi-Modal Transportation 1. Identify the mass transit modes serving the amendment area. Palm Tran Route 2 travels Congress Avenue between the V A Medical Center in Riviera Beach and the Town Center Mall in Boca Raton, with a stop at the Boynton Beach Mall Transfer Station. Route 63 generally traverses Gateway Boulevard between Lake Worth Beach and the Boynton Beach Mall (transfer station), with a stop at the Boynton Tri-Rail station. The Boynton Beach Tri-Rail station is within I Y, miles of the subject property, with transit service supplied by Palm Tran. 2. Identify the change in demand resulting from this amendment. It can generally be assumed that the proposed land use will have an overall de minimus impact in traffic generation, and therefore transit trips. Palm Tran's stated level of service is no more than a 60-minute peak hour headway between successive trips. Ridership of Route 2 is reported at 779,049 with 30 minute peak frequency; and ridership of Route 63 is reported at 61,464 with 60 minute peak frequency. The 40' buses serving both routes have a peak hour capacity of 60 persons. Peak hour ridership data was not available from Palm Tran. Tri-Rail's average daily capacity if 450 seated passengers. Boardings and Alightings at the Boynton Beach station from November, 2003-April, 2004 demonstrate that the majority of weekday travelers board at this station in the morning to travel to another destination (work place) and return to this station in the evening. The train's peak hour ridership varies from 600 to 627 persons. A maximum, peak hour capacity could not be provided by SFRTA. The Property is within the City of Boynton Beach. At this time, the City does not provide an inter-city shuttle service, but provides a "shopper hopper" to specified shopping destinations. A goal of the MPO's 2025 Long Range Transportation Plan for Palm Beach County is to increase community buses operated by the bigger cities, including Boynton Beach, to supplement Palm Tran service routes. Therefore, once implemented, the Property may also be served by the local shuttle service. 3. Identify the existing and planned mass transit routes and scheduled service (headway) for the amendment area. According to Palm Tran website data, Route 2 is served continuously between 5:15 am and 10: 15 PM in 30-minute intervals on weekdays and 6O-minute intervals on weekends. No new routes are identified for the amendment area. Route 63 is served between 6:25 AM and 6:50 PM in 40 minutes intervals on weekdays and 60-minute intervals on WPB:179217:1 weekends. A goal of the MPO's 2025 Long Range Transportation Plan for Palm Beach County is to decrease headway on Congress Avenue. The Boynton Beach Tri-Rail station is served in the southbound direction between 4:42 AM and 11:02 and between 2:18 PM and 8:18 PM, in hour intervals; and is served in a northbound direction between 5:47 AM and 12:47 AM and between 3:03 PM and 9:03 PM, in hour intervals. The MPO's FY 2004-2008 Transportation Improvement Program (and draft 2005-2009 TIP) identifies ongoing priorities to purchase of new and replacement buses, purchase of community shuttles and construction of bus shelters, which will implement the aforementioned goals of the LRTP. MPO's 2025 Transportation System Needs Plan identifies the need for extension of Tri-Rail to Martin County. The TIP programs monies for double-tracking, automated ticketing, and system extension planning. South Florida Regional Transportation Authority's Double Track Corridor Improvement Program, between Miami Airport and Mangonia Park is expected to be completed in 2005. 4. Describe how the proposed amendment furthers or is consistent with the concept of a "transit-oriented development". The proposed NOPC will result in a mixed-use project that is conveniently situated in proximity to two established transit routes. Residents may chose to live in the proposed units due to accessibility to mass transit opportunities; and employees of the commercial uses may select an alternative form of transportation (Palm Tran, Tri-Rail, bicycle, or internal pedestrian system for residents of the project) as their means to travel to and from work. 5. Multi-Modal Aspects of Renaissance Commons Project Renaissance Commons is a mixed use project that is internally connected with bicyclelpedestrian pathways. Residents, employees and visitors may access other buildings and uses within the community by biking or walking along this pathway system. Convenient access to Palm Tran buses, and proximity to Tri-Rail will enhance multi-modal transportation to and from this project. After it is fully developed, it is envisioned that demand may exist for a community shuttle to the Tri-Rail station, which would be a private, community shuttle for residents and employees. Expansion of the Boynton Beach community shuttle service, however, to include Renaissance Commons, the Palm Tran transfer station and the Tri-Rail station is a potential long-term enhancement to promote alternative modes of transportation. WPB:179217:1 Renaissance Commons Page I of I J;t C-tL. / .tf7U Y 7"J.It7 (/~ ? tf:.6 Breese, Ed From: Glas-Castro, Kimberly [Kimberly.Glas-Castro@ruden.com] Sent: Wednesday, February 11,20049:14 AM To: Breese, Ed Subject: Renaissance Commons NOPC Since you are going ahead and conditionally adopting the NOPC ahead of the Comp Plan amendment being adopted, do you render the amended DRI DO right after its adoption, or do you wait until the Comp Plan amendment is adopted and then render the DO? -- we're trying to figure out schedules and appeal periods -- I still have a concern about the processing because Chp 380.06(6)b says: 6. The local government must hear both the application for development approval or the proposed change and the comprehensive plan amendments at the same hearing. However, the local government must take action separately on the application for development approval or the proposed change and on the comprehensive plan amendments. and we usually have the comp plan adoption and NOPC approval! amended DO adoption the same agenda ~Z&#(~ fP'6 c.,.frI /-hUJ 711& ~fl: ##In..H-( i)tJ lZJ .#'~AJY& ~ /L.,wJAr .2Ar77/ A'~t?/~&N .LI/~.4#~~/.t/If/UbSr?/D '..5'~, . ~ ,y/'/pgR=>' //v~'T vv~ E/77/B? AJ.w.r ~ ~~ .l)&~~ t.JN77c- "Y' NOTICE: ThiS e-mail message and any attachment to thiS e-mail message contams confidenlial ~;</O/ information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 954- 764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. . ~c. f ~,J'uwIJ ~,ur;, ,if ~{.. (pfl/ ~ AJ&!e ~17~.!f ~ ~'f7~tI~ ~~~~. [).O. I~ VAMJ ~ t>j &U-. D.o. /lI-/o'{II~rrnJ wi ~~ ~. . . . 2/1 112004 FACSIMILE CITY OF BOYNTON BEACH City Hall. West WIng 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425 (561) 742~260 (561) 742~259 Fax From the office of PlannJng & Zoning TO: /~/M GCA!, - wrno FAX: 514- - 3442- FROM: E()~ DA TEE: (;- 29- ~4- " NUMBER OF PAGES: (Including cover) /0 RE: ~LA BTLI J::;11.( J Hoze. kn-€ ~ TlftAlW ffurM ~ f:.;Le,. ::r ~ ~ hi 77-ft3" ~ tL c;F wM4-'(' ~ Ifru: ~~ Ft:Je.. 6 (/ fJ.s. 'l:c'M/ ~ ~ <Bel Ikc /h() ()~ F1>o1i, /2evJ€W t>F latH-7i-1Z-T ~ t2E;)~ /l) 7l-IeJ-e.. ~ ' IW:6 F/Xlf ~ ~ 77-Jt ~/r r/7IIkC-!j$tJ ~ Pn-w/t)E(j . ---r-~5/ b J:\SHROATAIPlannlngIPlannlng Templates\P&z FaxIP & 0 Blank Fax.dot < . , If you receive this fax In elTOr, or experience trouble with transmlsslon,.please notify our office immediately, at (561) 742-6260. Thank you. ,,~~J~...lO..... "c ~. ."' ).- --'.. ", 'IrON '0 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION · Building - Planning & Zoning . Occupational Ucenses . Community Redevelopment January 2,2003 Mr. Bob Cambric Growth Management Administrator State of Florida Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Re: Notification of a Proposed Change Motorola - DRI- Amendment No.1 (Our Ref. No. DRIA 02-002) Dear Mr. Cambric: Please find attached a certified copy of Ordinance 02-061 approving the Motorola DRIA NOPC Amendment No.1. Sincerely, Michael Rumpf Planning and Zoning Director -U+<- cc. Jim Cherof, City Attorney S:\Planning\SHAREDlWP\PROJECTS\MOIorola DRI\DRJ\DCA 1et2.rtf City of Boynton Beach · 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 3342S-ll310 Phone: 15611 742-6350 . www.ci.bovnton-beach.or ~'\"--O/" !.. .....\ 'o(.~! f"tO N <0 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION · Building - Planning & Zoning . Occupational Licenses - Community Redevelopment January 2, 2003 Mr. James Snyder Treasure Coast Regional Planning Council 301-E Ocean Boulevard #300 Stuart, FI 34994 Re: Notification of a Proposed Change Motorola - DR! - Amendment No.1 (Our Ref. No. DRIA 02-002) Dear Mr. Snyder: Please find attached a certified copy of Ordinance No. 02-061 approving the Motorola DRIA NOPC Amendment No. I. Sincerely, ~r- Michael Rumpf Planning and Zoning Director cc. Jim Cherof, City Attorney S:\Plannine\SHARED\WP\PROJECTS\MotoroJa ORI\DRI\....ppmvalltr.rt( City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310 Phone: 15611742-6350 . www.ci.bovnton-beach.or DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION · Building . Planning & Zoning . Occupational Licenses . Community Redevelopment February 11, 2003 Mr. R. Duke Woodson 111 North Orange Avenue Suite 1800 Orlando, Florida 32802-2193 Re: For: FileNo. Location: Master Plan Modification Motorola Pill File No. MPMD 02-004 1500 W. Gateway Boulevard Dear Mr. Woodson:: Enclosed is the City of Boynton Beach Development Order for application item MPMD 02-004, which represents approval for a Master Plan modification to decrease the size of the Motorola Pill Master Plan boundary in conjunction with the conversion of the undeveloped portion for commercial and residential uses. This was approved by the City Commission on February 4, 2003. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, .7tJz-- Michael W. Rumpf Director of Planning & Zoning MWR:AD Attachment: Development Order Conditions of Approval S:\Planning\SHARED\WP\PROJECTS\Motorola ORI\MPMD 02-Q04\Approval fonn letter after CC.doc City of Boynton Beach - 100 East Boynton Beach Blvd., P.o. Box 310 _ Boynton Beach, Florida 33425.0310 Phone: 15611742-6260 - www.cJ.bovnton-bAach.f1.us DEVELOP' \IT ORDER OF THE CITY COMMIS,'")N OF THE \. f OF BOYNTON BEACH, FLORID. PROJECT NAME: APPLICANT'S AGENT: Motorola PID APPLICANT'S ADDRESS: R. Duke Woodson I Foley Lardner Attorneys at Law 111 North Orange Avenue, Suite 1800 Orlando, FL 32801 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 4,2003 TYPE OF RELIEF SOUGHT: Master Plan Modification LOCATION OF PROPERTY: Southeast corner of Gateway Boulevard and Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission ofthe City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3, The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicanfs application for relief is hereby / GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\PlanninglShared\WplProjectslMotorola ORIIMPM { " . Location Map MOTOROLA P.I.D. EXHIBIT "A" , I' . I ~ I I, \1, " ',' 'I' ,'" , , I,' I ' '~ ::::- I ~......i,", ,.} , /'1' i\'\'\ / i~" 1\ . I,." - \'I,~,~,\ ,.',', \ I \ ,\ " ,,- "", ',-....... ;/,/ ^ I \ \ / I, ,l~ \,\\,\ ,,~, lOR ~: / ' / \ ~ L \." o _ \- j\\\ . ~I au NTUM PARK 1 'o"~_Q ~'_,I If I 'I ) i ~:I~ :0 ~0 ,,, I / o ~llm II lumll~m~ N 1800 Feet w~. BOYNT L -i J "," ~ " '.. /, >/ C3 , \ ( InIC\ R1M , -:- // 800 800 s --",:-:::.~ ::/::l ~-~"=".:'~:==) I - ~.,:-:::'=" -., \ \ \ ..""O""IV_ I'" 1_C;-) ~~O ~~O ,,,.., I' I ""I " ___-1 :::: ___________-,lll~------L----H-------L - ----- ~~;~~~~ II ~;~~~g~g~~~~;=:=:===:::.= Cl ~~~~~_:::_::;:::~~~~~~ a ::::::::====::::::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;::= l---::--,:: ~:i r---~ -- __-;;.. ;=--~-::-;i-"-' ':1 :: I _-- Ll'" .../' _'~~~:__!!i !! IL---- ..","=- '::;:. ---- Ii! i! ~ ....--... "PI tL .....,.iI:: ~-~=:~. ii! !ite: ....""/. I I :!! l! //~ MI'(Oa__~ I" , - \ I "" \ I... r: :: I ... I" "I ^ '.... /....!J!J ..._~ rJ ....---" rn -- , , \ \ : \ \ ' : \ \ ' ~ \ \ \ . \ \ \ : \ \ \ .L::::::::_.~ooooooo) I , . , r..-..j ! " ' :1: I ~_________~ I , ...._...._.. --..-...1 , _ 2C'~u.sV'lfNT J ..",,,~ ' i . i , -~'-.......i ""-""v...... 1 , I , _____J "-fooIO.,. _~lniI ""'Id~ -~ -- w " ii " 1: , " 0 " ii , . " I I I:: " " , . " , 0 ," I " l ,,, I" !1 :: , : J '" 0 "I 0 " II li ) :i . '" 0 I" ::. I " "\ " " ,,, " . ," 11 " . I" I " " " ,,' '" tll ^ ,,, l! ~~ rJ PIaY1ed Indu~triClI Dl!velopment (PIO) 3Ct3t AG. l!X15TINCi 5"'Mti.CTVlltf TO llIEl'V.IN ~c:.-_2 ...... ..-. l,&d _, e..-.:1oIl ~oG" 'r> " a -- -- Goi&al....c..c.-_, ......UMo..-_~ ~.c.) " " !! Ii !! II !: H :1 II :": ,,' III II ll: ::1 " '" id ,,' '" ill ::. 1::1::' -------------------------------- II' .........~'""" Ii t=' ---------------------,\ :: ------------ , "I I "I I q I v_ I urol~_O""t.._ -.,~ ==j , '" 11 -....~II " ,,, '" I:: .... ~ PJt0PQ5fO ZONING ~ PI__.....Viat ... o.......-t (PiO) l'II.3tCll:. 1 i ! a IlIISTING _IUO ~'I(:III I 0 ecltTlH5P\IU..oceee_ ! IT: . ~~.occD!t!'OlO(f Gl!NBUoL l.DC.iIt. TICIM Boynton Beoeh, AptllIca.,t, LO"d"~, EXHIBIT "B ~ . - - - SCALE: I'. 0400' fXl!oTING. !oTll.UCTVlI.f , , \ , , \ , \ , , \ , , \ , \ , \ r-- , J . i , i , i , , I , i . , I . i , . l___ --. ........-_.~ univ..,-....... :-_,",0 \ t --. ~__.1O --- ~~O \[ , I .,.".._q -_. \ y,..=~-- THE MOTOROL) PROPO Palm I3ecxh C ~,.,.( M..,. ~ .-'- E. CP>< .. JAN-23-e3 II,e2 FRO",- 81/23/2883 18: 32 ~ '-9'63 ID. .t,N:llIL.l:.T-rUIU'Q'l1'. .I...... ..,,=-~tI:fr)T ~ B''', " . ; . . . t : . . -- ~II..,....... . .I,,=,-=- ....,,;a~ - . I r I I !d . .q . . I i ! . EXHIBIT "C" Conditions of Approval Project name: Motorola File number: MPMD OZ.{)04 Reference: Z"" review olans identified as Master Plan Modification with a January 9. Z003 Plannim! and Zoning D d ~ l""artrnent ate slamo mar ng. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: I. This proposed master plan modification is located where utility support is X available. Weare providing only a cursory review of the master plan as submitted at this time. Additional comments will be required after a utility olan has been submitted. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: I. All exterior elements shall comply with the Florida Building Code for X handicao accessibility. PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENTALIST " COA 01/27/03 2 DEPARTMENTS INCLUDE REJECT Comments: None X PLANNING AND ZONING Comments: 2. On master plan sheet, correct the identification of Interstate 95 on the General X Location mao. 3. Identifv the Community Commercial (C-3) zonin" districts. X 4. Aoolv for cross access easements at the time of site nlan review. X ADDmONAL PLANNING & DEVELOPMENT BOARD CONDITIONS: Comments: 5. None X ADDmONAL CITY COMMISSION CONDmONS: Comments: 6. To be determined. ~- MWRIelj S:\PlanningIShared\WpIProjectslMotornla DRIIMPMD 02-004ICQO..doc The OtlJ of BOlJnton Beach , '( '~',\, ' '.r, '. ,C)/ " \ .... ..! T' /- , 'n ~ /0. . '\', /_?',' ~~ <. . -,.' v " , '0 .:~~'-() ','J . City Clerk's Olfice 100 E BOYNTON BEACH BLVD BOYNTON BEACH PL33435 (561)742-6060 FAX (561)742.6090 e-mail: prainitoj@ci..bo1Jnton....beachll.us www.boynton-beach.org MEETING NOTICE WEDNESDAY, APRIL 21, 2004 AT 6:30 P.M. LIBRARY PROGRAM ROOM BOYNTON BEACH CITY LIBRARY BOYNTON BEACH, FLORIDA In accordance with Section 22 of the City Charter of the City of Boynton Beach, you are hereby notified of meeting to be held on Wednesday, April 21, 2004 at 6:30 p.m. at which one or more members of the City Commission will be present for the purpose of: DISCUSSING THE WINCHESTER PROPERTY Said Meeting was requested by a group of Boynton Beach residents wishing to discuss possible development of the subject property. Representatives of staff will be present to facilitate the discussion. Jerry Taylor, Mayor Mike Ferguson, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE OTY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABIUTY AN EQUAL OPPORTUNITY TO PARTlQPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. S:\CC\WP\SPECIAL MEETINGS\MEETING NOTICE' WINCHESTER PROPERTY' 04.21.04.DOC 04/16l20048'4:lAM C: City Mgr, cay Attny, City Commission, Information Officer, Fadlilies, Chamber, Files America's Gateway to the Gulfttream ",~} i-C) -, \) '- The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425~0310 TEL: 561-742-6260 FAX: 561-742-6259 www .boynton~beach.org June 11, 2004 Ms Kim Glas-Castro, AICP Ruden, McClosky, Smith, Schuster & Russell, P.A. 222 Lakeview Avenue-Suite 800 West Palm Beach, FL 33401 Re: Boynton Town Center/Boynton Village Dear Ms Glas-Castro: Staff reports on the applications for rezonlngs for the above referenced projects are being completed in anticipation of the Planning and Development Board's review, scheduled for June 22, 2004. In light of the fact that each of these projects contain commercial use components, please inform your clients that the City will expect them to demonstrate consistency with the following policy contained in the Future Land Use Element of the City of Boynton Beach Comprehensive Plan: "Policy 1.3.8 The City shall continue to adopt and enforce regulations to require that commercial projects provide marginal access roads or cross access between sites, wherever practical, in order to minimize the need for trips on adjacent thoroughfares." In addition to connectivity between the two projects you represent, there is also an opportunity for these projects to provide cross access with the Renaissance Commons project, currently being developed to the north. Staff would strongly recommend that your applicants work with the developer of Renaissance Commons to secure agreements for cross access. The development of a roadway connecting Old Boynton Road with Gateway Boulevard could have a positive effect of lessening traffic impacts on Congress Avenue. If you have any questions regarding this requirement, please do not hesitate to contact me at (561) 742-6264. Yours truly, Dick Hudson, AICP Senior Planner S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\LUAR 03-00g\Connectivity letter.doc S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\LUAR 03-009\Connectivity letter.doc The applicant, Compson Associates of Boynton, is requesting a second amendment to the Motorola Development of Regional Impact Development Order adopted January 7, 1980 by Ordinance No. 79-36. Amendment #2 proposes to change the Motorola DRI entitlements by the conversion of 500 multi-family residential units, 63,500 square feet of commercial space, 450,000 square feet of office space and 128,000 square feet of warehouse space to a mix of uses, including 1,551 multi-family residential units, 213,000 square feet of commercial space and 247,800 square feet of office use. The request also proposes to change the name of the DRI from Motorola to Renaissance Commons. There are no changes proposed to the DRI phasing, commencement date or build-out date of 2010. and no lands are being added to the DRI boundaries. An amendment to a Development of Regional Impact is governed by Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a Notice of Proposed Change in accordance with the statutory requirements. The Regional Planning Council has reviewed this request and has verbally communicated that they will not have any comments on this request, as they have had several meetings with the applicant and understand the project is a mixed-use concept, closely following that of NOPC #1 which they reviewed in 2002. The major changes involve a transfer of allotted square footages between the approved uses and a use conversion matrix which allows up to a thirty (30)% change in the mix, while remaining within the approved average daily trips and peak hour trips approved with the original DR!. A letter from the Florida Department of Transportation was forwarded to the Regional Planning Council delineating their concerns with the traffic methodology utilized by the applicant. The Applicant's traffic consultant has responded to the issues raised, and as of this staff report, FDOT has not had ample time to respond to the new data. Palm Beach County Traffic has determined this request will generate less traffic than what was previously approved and therefore complies with the County Traffic Performance Standards. Based on the original Motorola Application for Development Approval the DRI is vested for 127,000 gallons per day (gpd) for both water and sewer. The City projected demand for the proposed development in NOPC #1 at 294,215 gpd for water and 255,865 gpd for sewer. For NOPC #2, demand is projected to be 674,967 gpd for water and 560,193 gpd for sewer. Due to the increases above the prior approval, the Utilities Department is requiring that an evaluation of the off-site water and sewer service be conducted by the City, at the applicant's expense. The applicant has agreed to this condition and the cost of any improvements. The applicant submitted a concurrency application to the School District and was approved for school concurrency. Additionally, the adoption of Motorola NOPC Amendment #2 is conditioned upon the approval of the land use amendment and rezoning request being processed concurrently by the City. Pursuant to Florida Statutes. Chapter 380.06(19) Substantial Deviations, the applicant has demonstrated that the proposed change is not a substantial deviation requiring additional Development of Regional Impact review. Resolution of any traffic issues will be required to be resolved before any permits will be issued. Therefore, staff recommends approval of DRIA 03- 001 SUbject to the Conditions of Approval attached in Exhibit "E". Cf( .. , The City oIl3oYDtoD l3eacb. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org July 27, 2004 Mr. Bob Cambric Growth Management Administrator State of Florida Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Re: Notification of a Proposed Change Motorola (Renaissance Commons) - DRI - Amendment No.2 (Our Ref. No. DRIA 03-001) Dear Mr. Cambric: please find attached a certified copy of Ordinance 02-012 approving the Motorola (Renaissance Commons) DRIA NOPC Amendment No.2. Sincerely, ~ Ed Breese Principal Planner cc. Jim Cherof, City Attorney U( I\- ' '..,,! The City oll3olJl1tol1 Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org July 27,2004 Mr. Michael Busha Treasure Coast Regional Planning Council 301-E Ocean Boulevard #300 Stuart, FI 34994 Re: Notification of a Proposed Change Motorola (Renaissance Commons) - DR! - Amendment No.2 (Our Ref. No. DRIA 03-001) /1u'M-&.Cl Dear~a: Please find attached a certified copy of Ordinance No. 04-012 approving the Motorola (Renaissance Commons) DRIA NOPC Amendment No.2. Sincerely, Ed Breese Principal Planner cc. Jim Cherof, City Attorney ~ Ruden ~jl McClosky r----.-,--.. 11-nI. li. I!;: I ~if-_c II n '! iJU N I 5 ""~ Jl'l ", I I DEPARTMENT OF DEVELOPMEf'Fl! 222 LAKEVEWAVENUE SUIlE 800 VoIESTPALM BEACH, FLORIDA 33401-6112 " (561) 838-4542 FAX: (561) 514-3442 KIM.GlASCAS1R~UDEN.COM June 14,2004 Michael Rumpf, AICP Planning & Zoning Director 100 E. Boynton Beach Boulevard Boynton Beach, FL 33345 Michael Busha Treasure Coast Regional Planning Council 301 East Ocean Blvd., Suite 300 Stuart, FL 34994 Caroline Knight Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399 Chon Wong FDOT District 4 Planning and Environmental Management 3400 W. Commercial Boulevard Fort Lauderdale, FI 33309 RE: Mass Transit Analysis Related to Notice of Proposed Change ("NOPC") to the Renaissance Commons (fka Motorola) Development of Regional Impact Proposal You should have received a revised traffic analysis prepared by Kahart Pinder. Under this cover, I am providing a multi-modal analysis to supplement the DRI's data and analysis (since the DRI analyses are the supporting documentation for the DRI-related comprehensive plan amendment.) WPB: 1 73B95:2 CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE . MIAMI' NAPLES' ORLANDO' PORT ST. LUCIE . SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PAlM BEACH Page 2 We are confident that the revised traffic analysis presents clear and convincing evidence to rebut a presumption of substantial deviation. If any further discussion is needed prior to the City's public hearing for adoption of the Development Order Amendment on July 6th, please contact me. Sincerely, L Kim Glas-Castro, AICP cc: Compson Associates of Boynton II, LLC E. Lee Worsham, Esq. WPB:173B95:2 CARACAS' FT. LAUDERDALE' MIAMI' NAPlES. PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH RENAISSANCE COMMONS Mass Transit 1 Multi-Modal Transportation 1. Identify the mass transit modes serving the amendment area. Palm Tran Route 2 travels Congress Avenue between the VA Medical Center in Riviera Beach and the Town Center Mall in Boca Raton, with a stop at the Boynton Beach Mall Transfer Station. Route 63 generally traverses Gateway Boulevard between Lake Worth Beach and the Boynton Beach Mall (transfer station), with a stop at the Boynton Tri-Rail station. The Boynton Beach Tri-Rail station is within 1 Yz miles of the subject property, with transit service supplied by Palm Tran. 2. Identify the change in demand resulting from this amendment. It can generally be assumed that the proposed land use will have an overall de minimus impact in traffic generation, and therefore transit trips. Palm Tran's stated level of service is no more than a 60-minute peak hour headway between successive trips. Ridership of Route 2 is reported at 779,049 with 30 minute peak frequency; and ridership of Route 63 is reported at 61,464 with 60 minute peak frequency. The 40' buses serving both routes have a peak hour capacity of 60 persons. Peak hour ridership data was not available from Palm Iran. Tri-Rail's average daily capacity if 450 seated passengers. Boardings and Alightings at the Boynton Beach station from November, 2003-April, 2004 demonstrate that the majority of weekday travelers board at this station in the morning to travel to another destination (work place) and return to this station in the evening. The train's peak hour ridership varies from 600 to 627 persons. A maximum, peak hour capacity could not be provided by SFRTA. The Property is within the City of Boynton Beach. At this time, the City does not provide an inter-city shuttle service, but provides a "shopper hopper" to specified shopping destinations. A goal of the MPO's 2025 Long Range Transportation Plan for Palm Beach County is to increase community buses operated by the bigger cities, including Boynton Beach, to supplement Palm Tran service routes. Therefore, once implemented, the Property may also be served by the local shuttle service. 3. Identify the existing and planned mass transit routes and scheduled service (headway) for the amendment area. According to Palm Tran website data, Route 2 is served continuously between 5:15 am and 10:15 PM in 30-minute intervals on weekdays and 6O-minute intervals on weekends. No new routes are identified for the amendment area. Route 63 is served between 6:25 AM and 6:50 PM in 40 minutes intervals on weekdays and 6O-minute intervals on WPB:179217:1 weekends. A goal of the MPO's 2025 Long Range Transportation Plan for Palm Beach County is to decrease headway on Congress Avenue. The Boynton Beach Tri-Rail station is served in the southbound direction between 4:42 AM and 11:02 and between 2:18 PM and 8:18 PM, in hour intervals; and is served in a northbound direction between 5:47 AM and 12:47 AM and between 3:03 PM and 9:03 PM, in hour intervals. The MPO's FY 2004-2008 Transportation Improvement Program (and draft 2005-2009 TIP) identifies ongoing priorities to purchase of new and replacement buses, purchase of community shuttles and construction of bus shelters, which will implement the aforementioned goals of the LRTP. MPO's 2025 Transportation System Needs Plan identifies the need for extension of Tri-Rail to Martin County. The TIP programs monies for double-tracking, automated ticketing, and system extension planning. South Florida Regional Transportation Authority's Double Track Corridor Improvement Program, between Miami Airport and Mangonia Park is expected to be completed in 2005. 4. Describe how the proposed amendment furthers or is consistent with the concept of a "transit-oriented development". The proposed NOPC will result in a mixed-use project that is conveniently situated in proximity to two established transit routes. Residents may chose to live in the proposed units due to accessibility to mass transit opportunities; and employees of the commercial uses may select an alternative form of transportation (palm Tran, Tri-Rail, bicycle, or internal pedestrian system for residents of the project) as their means to travel to and from work. 5. Multi-Modal Aspects of Renaissance Commons Project Renaissance Commons is a mixed use project that is internally connected with bicyc1e/pedestrian pathways. Residents, employees and visitors may access other buildings and uses within the community by biking or walking along this pathway system. Convenient access to Palm Tran buses, and proximity to Tri-Rail will enhance multi-modal transportation to and from this project. After it is fully developed, it is envisioned that demand may exist for a community shuttle to the Tri-Rail station, which would be a private, community shuttle for residents and employees. Expansion of the Boynton Beach community shuttle service, however, to include Renaissance Commons, the Palm Tran transfer station and the Tri-Rail station is a potential long-term enhancement to promote alternative modes of transportation. WPB:179217:1 Date: May 20, 2004 To: City of Boynton Beach Planning and Zoning 100 E. Boynton Beach Blvd., Boynton Beach, FL 33426 Attention: Mike Rump, Planning and Zoning Director cc: Palm Beach County Commissioners District 1, Karen Marcus District 2, Jeff Koons District 3, Warren Newell District 4, Mary McCarty District 5, Burt Aaronson District 6, Tony Masilotti District 7, Lois Meser cc: Treasure Coast Regional Planning Council Michael J. Busha, Executive Director Kim DeLaney, Growth Management Coordinator Peter G. Merritt, Regional Ecologist cc: Florida Department of Transposrtation Lap Hoang, Florida State Traffic Operation Engineer Jose Abreu, Florida Secretary of Transportation cc: Urban Traffic Control Devise Palm Beach County Engineering Division Dan Weisberg, Palm Beach County Traffic Engineer Masoud Alefi, Palm Beach County Sr. Traffic Engineer cc: Boynton Beach City Commission Jerry Taylor, Mayor District 1, Bob Ensler District 2, Mack McCray District 3, Mike Ferguson District 4, Carl McKoy City manager, Kurt Bressner cc.. ~ b.. q~~ Subject: THE FUTURE DEVELOPMENT FOR OLD BOYNTON ROAD, BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA To All, I would like to call to your attention an issue that will be presented to you in the near future. It is the development of the Winchester property (Parcel Control Number 08-43- 45-20-01-000-0680/Klatt Enterprises) in the area of Old Boynton Road, Congress Ave. and the C-16 canal in Boynton Beach. It is currently zoned R1AA and the developer, Compson & Associates, in partnership with The Sembler Company, has requested rezoning to Suburban Mixed Use. This request has caused a great deal of concern in our community because of the increased height and density allowances already given to the developer for their Renaissance Commons project, which is adjacent to the Winchester property. The issue I would like to address is the future of Old Boynton Road (between Congress Ave and Boynton Beach Blvd.). I have learned that Old Boynton Road is a Palm Beach County road. Although there have been some discussions regarding "trading" this road for Gateway Blvd. with the City of Boynton Beach, the road's current peak traffic capacity of 1390 vehicles per hour would preclude it from becoming a City road. After researching the process that the developer must undertake when considering the impact his project could have on the surrounding roadways, I would like to make some suggestions for Old Boynton Road that could satisfy both the community and the development capacity for the proposed Winchester property. Taking into consideration the TPS, Traffic Performance Standards, process used to award a developer's Site Specific Development Order, Old Boynton Road would have to be modified in order for the developer to build the project to its proposed capacity. One option would be to widen Old Boynton Road. This would be the least desirable option both for the involved municipalities and for the developer, which would likely incur much higher costs for such a modification. Additionally, it would almost certainly result in much protest from the surrounding community as it would decrease property values along Old Boynton Road and the neighboring communities and cause too much traffic on an already dangerous and overcapacity roadway. According to the Palm Beach County Traffic Division, from 1999 to 2003 there was a 200% increase in accidents at the intersections of Old Boynton Road and Congress, and Old Boynton Road and Boynton Beach Blvd. Residents along this part of Old Boynton Road have considerable difficulty entering the road from their driveways. Motorists also have difficulty accessing Old Boynton Road from their neighborhood roads, which represent the only way to enter and exit their communities. A suggestion voiced by the developer is to close Old Boynton Road. After discussing this option with County Engineers, their viewpoint is that this not a viable option. Their concern is this option would redirect the road's current traffic load and spill it over onto Congress Ave and Boynton Beach Blvd. However, Old Boynton ends at Military Trail and is a turn from Boynton Beach Blvd. The section between Congress Ave and Boynton Beach Blvd. is strictly residential. If Old Boynton Road was closed to vehicular traffic at the bridge allowing only pedestrian traffic it would still allow traffic access to and from Congress Ave and Boynton Beach Blvd. In addition, it would even preserve the renovation of the bridge, slated in the near future, and possibly reallocate those funds to the beautification of Old Boynton Road. This option would be most agreeable for the developer AND the community. I have two other possible solutions for your consideration: One is to make Old Boynton Road a one way from where the developer's proposed road connects to it. The preliminary plans for the Winchester Property show a road going north and south connecting Old Boynton Road to Gateway Blvd. running through the two Compson developments. This option would allow traffic on Old Boynton Road to travel east to west up to the one way point but not to enter eastbound from Congress Ave. or the new Compson development road. All the traffic leaving the new development's roadway at Old Boynton Rd. would exit westbound onto Congress Ave and Old Boynton Road west of Congress Ave. Another option is to make Old Boynton Road from Congress Ave to Boynton Beach Blvd. a 'Calming Traffic Road". There are many examples of this type of roadway in the county, which allow traffic flow but keep the traffic at a 25 mile per hour speed limit. These traffic calming roads, which utilize traffic circles, speed humps andlor frequent stop signs, often beautify the road by incorporating landscaping. The road could still be a two lane road and could handle the increased traffic but at lower, safer speeds. With frequent stop signs, area residents could more safely and easily enter and exit Old Boynton Road from neighborhood roads. Residents along Old Boynton Road would be able to more safely access their driveways. Some improvements would have to be made to the turning lanes and traffic light cycles at the intersections of Old Boynton Road with Boynton Beach Blvd. and Congress Ave. These measures, as part of a traffic calming plan for the community, would help to protect area property values by alleviating dangerous traffic conditions and, potentially, to beautify the area. I trust you will consider these suggestions. We are currently collecting signatures from residents in the communities of Sky lake, Venetian Isles, Treasure Isles, Laurel Hills, Howard Park, Costa Bella, Old Boynton Estates, Casablanca Apartments and Leisureville, in support of them. Please feel free to contact me should you have any questions. I look forward to speaking with you about this issue. Sincerely, Debby Coles-Do bay Old Boynton Estates 1062 NW 6th Ave, Boynton Beach, FL 33426 561 369-7992 ~ "AN-1E-E004 16: 15 FROM:COMPSON ASSOCIATES 5513912423 ,:1.1<:, E-- ...'" . ., ,~ TO: ;174C'1i259 Con.p;on Asso~ilil~S of Boynton. LLC ., .. ==_~~{F::~~~U IJ To, K.vin Hallahan Fllx: 1-561-742-/,2;9 ---- From: David Poist Dale: 1/1612004 _4--.-....,_...__ Rs: Dilling Ul dale Pages: 1+2=3 _......_-----~--- ee, Gail McCarthy o Urgent [J For Review CI Please Com",..,,! O"'-eF'-flly CI PII.ase llec)<;le ,....--~- Mr, Hallahan, AUachcd is the final report addres..inl' lhe Slate Permil WNO 3058 lor lb'; Iurrowing owl,. If you have questions you can contncllllC ur OUT office at Sfi'I-391-6:;70, :r~-lE-cl1l04 16: 15 FROM:CO'f'SO-l ASSOCIATES 5513912423 Jan.16'14 11:16al Fr~GLATTING .olI;( -- ::--4-- @l _.~- ~-; :1 f-;-. 1} @).. , . 41 A . ~.~ ;.. (. -;."" " ~ ~ ~ 't.. . :-. --- ;, ~. I '. .' 7.0', 3 1.&I'!oENll I >-I)o"'PiOd bur_ Il-IJ~~_ JFItH6-2004 11:2EA'I F~:4078391789 TO' ;17'1C:6259 :J <,'-: Hel ~. "," _. - r .,." .:_~.~ 1 ,.. l1yure:! [Ie "110 3l1ent I'll" I ftlr'Jhm C"rIt~rTr;,~1: l'I'I,lryL Jariijr,M~I/~<;=i-;;Qcjn;'s, t'"''', Bo':rtloon BG3(;h1 Flof'kSa, \ ~\ ~~~~ " 'IN ~"'-O ~,oS~1 J -t~ -04 Cr()ln'S'Jrf JiSSocu. T&!l !l$IO ImF.TlIlIEDEW~ :ElWY. SUITE 200 Bt{j(',A U't~'N, I'L 330\32 IO:Ol.FSON ASSOCIATES PIlQ;: 003 R"l00% ~lP!'1-1E-2004 16: 15 FRlJ1:Ca1PSON ASSOCIATES Jan-;.lH14 llllh~ !rD~-GlATTI"' 5613912423 TO: - - ;17426259 :l ;) ~.; .;.- ~. 4~783el Tn ",758 P 1:021003 H7I Florida Fish and Wildlife COnservation Commis~ionl Bureau at Wildlife Clversif:/ Conservatlc n Burrowing Owl Nest Bl.lrrow RemtJIIE\1 f=jnal Report Permittee Name: l{.~ Nelson ______11__.......-~-... . Affiliation: Bnv<mmnental consWtant rlltlrcsentiilll Comoson Aglsates .5!fi!n!t!!m..11&.. Federal Permit Number: NfA (Required for lIdhIe neal remawl) _____;001, --.-- State Pennlt NurTtler: WNO 3()'jg ------_..__.,~--,-,".,.". County: Palm 8"""}, C".ountv - -..-'"'-- VlICoIllt pan;elsouth ofMolDrola ,~olllll)lIthell!'l: of Congress A'f~.Eilld Nest Location: NW ??rid AVI:..,.io.1ac.w~""" 1"',,:_ n( ~:,.:rAS:i..giI3E..BnY.lIUln.EiJ;:lI:h. FL Date Removed: January 14. 2004 ----..--....---.......- Number of Nests Removed; 3 N~st 'Burrows ---..--.....--........... Comments: - ._- --_...._-~- ..,.~ A 100% SIllI/ev of the site was C$IIl'1eted to idetrtifvnest bum~ Thte:"~t bl:QlZi\:!.:m'Cl identified aDd excavated on JlIIlJ.1!lIIY 1~ 2004 in 1IC!:ordance widl fFWCC PC!-1il!' # WNC:~.05E. ElICh of tho buaows were detc:rwined to be "Um~!!ye". co..!!!!!!2!Y~!!!~g~ffi~!ltl.~l!..:~~ng. A T-PllIllh wu inltaUecl tame lOutMastcomcroflho DJ~llp~Oldmatelt:15 feel.!(~~im. the I!l~bounduy. The T-Pc:n:h maybere~ted 'IIlithin <:btj!!~=-!~ri.rj;:~lL(i!l:~: \ocalionprior to devol~; although a 50 ~~"'UfTer from ~r:~:=t '\Il~_~~:~1Je(:. Conatrl1l:tiw on the project si~= is s~l:1ed\lled to~:m0ll~3l!!!!!Y 191~'!~;..,"_......._. R~rrr oompltlt8d repotf fOrm to! Florida Rsh 8tId Wilctffl'e Cl)tlStlf1/llttOll (~ltlllm14!,jc'l1, Dlvlllhm 01 Wildllle, eufNU af wrldtlfe OiYetslty c:On$lt(I'Ilt;1I11, t:211 III'l1M 'alJ~;ll1ltn S.:l'l"'''1 TaIIl/n-see, R. 32399-1600 ~",,"IfIm.I_'l'CllTIlS&Ap~IIl;aIion.~ '''''I P1~1 RepGIt '~f11l.1loc flr(. 3 JIllle 2rlllZ J"QN'1 S-ee04 11: 2ElA'1 "AX: 4078391789 C I)MJOSI'JN ASSOCJ!ATES ,. 0 lllO:;:m I'Il.Jll:i'AL IIIN''ii'. SUJI'I;:illO ID:CIM'!:rn ~~f-f,RA.TO~~l1hW~2 R~100" The City of Boynton Beach .. r-\ , !: f\i: --,Iii'! :illll Ftc - 9 -34 ; [I ! ' L. ~/ ' ~~\":"_?f' , j \ I \ ",\r jx 0\ ~ IU J ",. /...,. ."," /",' r'"ON'0 . . i .. ------.---.--.. Dale S. Sugerman Assistant City Manager 100 E. Boynton Beach Boulevard PO Box 310 Boynton Beach, Florida 33425w0310 Teleplwne: (561) 742-6456 Fax: (561) 742-6298 E-mail: Sugerrnan[)@pi.boynton-beachfl.us www.boynton-beachorg ',,'i i "r..',~;' February 5,2004 Mr. James Comparato, President Compson Associates, Inc. 980 North Federal Highway, Suite 200 Boca Raton, FL 33432 RE: Renaissance Commons Dear Mr. Comparato: Thank you for meeting with me and my staff on February 3 to discuss the water and sewer issues associated with NOPC # 2 of the Renaissance Commons project, and also to discuss the extent of water and sewer capacity that has been purchased or reserved by the Motorola/Renaissance Commons site to date. Following is a summary of the components that established the allotted capacity of 227,563 gallons per day (gpd) of potable water capacity, and what that flow figure represents in Equivalent Dwelling Units (EDU's) as set forth in the City's Code, Chapter 26: Equivalent flow purchased by Motorola from 1982-1994 = 14,464 gpd Equivalent flow purchased in July, 2003 = 127,109.2 gpd Equivalent flow reserved (1 year only) in July, 2003 = 85,990.2 gpd 46.36 EDU's 407.40 EDU's 275.61 EDU's TOTALS 227,563.4 gpd 729.37 EDU's There are a few items of note that we would like to bring to your attention. First, the 85,990.2 gpd amount is only reserved to you, and is only reserved until July of 2003. To permanently secure this capacity, you will need to pay the Capital Facilities Charge for this amount, or pay a new one-year reservation fee. Please also note that in the City's Code, one EDU for potable water is equal to 312 gpd, and one EDU for sewer is equal to 250 gpd. Therefore the flow figures for sewer will differ from those for water, but the number of EDU's is the same. The basis of the calculation is shown on the attached spreadsheet. Your submittals for NOPC #1 and NOPC #2 contained different numbers and types of units, both residential and commercial. As is usual with most development projects, those America's Gatewau to the Gulfstream , Mr. James Comparato, President February 5,2004 Page 2 items change during the course of planning and marketing the project. For planning purposes the flow values assigned for each type of unit may be acceptable, but they do not change or alter the values contained in Chapter 26 of the City's Code. Those values (Le. - the ones relevant to capital facilities charges and reservation fees) constitute the one and only basis for purchasing or reserving capacity. Please feel free to direct any further questions regarding this matter to my attention. Very truly yours, CITY OF BOYNTON BEACH ~alL S.~~ Dale S. 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'" t~YtYt~m~ ""'OlJ)-.J(J)-....jCD Cn~m~<ooo, (O--..jOtn.....O'l-.J W<o.c.ON(O-....j 00 NU,OtoU,<:n UlO-.JO'lOWO - ... .....w N.....01...... -..........~CDWC'O ~lloCDO<O.....01 N~~NR3gg e Z ::; )>":;; rr)> rO-< O:;;m " ;0 ~ (5 Z e" i!::)> -<" "" Om "'m -< eZ zp ::;0 "''' m X -< m Z '" (5 Z " r o :E Ci "tl S :0 m ~ (ij ~ :;" o m o i o ~ ;!!n o~ ~o ~." ..-tlJ ,,0 c:~ 'be: ::j:;" ~tlJ en~ ;go m'" ~ I:> '" '" m ..., Qo ~ 31 ~ ..- ~ " E: ::j ::J o ~ :0 G) ::J en o <: S d' ::l. 0' " o ... ~ o a .. '" if o ~ N (J; " o 'i: RENAISSANCE COMMONS (tka Motorola) DRI USE CONVERSION ANALYSES Total WaterlSewer Flow: 1000 sf office 1000 sf industrial I multi-family du 1000 sf commercial 125 gallons/day 100 gallonslday 421 gallonslday 255 gallonslday WaterlSewer-Based Conversion Matrix: Office Industrial Multi-Familv 1000 sf office 1250 sf .30 du 1000 sf industrial 800 sf .24du I multi-family du 3368 sf 4210 sf 1000 sf commercial 2040 sf 2550 sf .6 du Commercial 392 sf ~ " S ~ 490 sf 1650 sf ~ -S I: { ~ ~~ ~ ~!~ ~f?~ tit ~}~ l~~ ~IJ lH ~"l::"" Total Trips: (max = 13,020 daily trips and 1,634 peak hour trips) Trips-Based Conversion Matrix: (based on PM peak hour trip generation rates) Office Industrial Multi-Familvl Commercial 1000 sf office 1275 sf 2.4 du 451 sf 1000 sf industrial 784 sf 1.9 du 354 sf 1 multi-family du 416 sf 531 sf 188 sf 1000 sf commercial 2216 sf 2826 sf 5.33 du ] Conversion to residential use is based on PM peak hour trip generation rate for apartments. WPB:164251 :5 :11/5 - ~ ~'IJ. I1l:YU-S "'-HJ ~ ~ 6vr ..sIn. ~ 0rlJ .wr ~ ~ ~ T7Ie- /~ ~ In NI)iJe. #, ~,(I'f7t...srwJy ~ I~$ /<.I/.rHA,J'; ~e::tj. I I Affordable Housing: Very Low Income - $31,400 Low Income = $50,250 (4 person household -7/10103, PBC-HCD) Commercial: 1.83 employees at Very Low Income level per 1,000 s.f. 0.10 employees at Low Income level per 1,000 s.f. Office: 2.83 employees at Very Low Income level per 1,000 s.f. 0.14 employees at Low Income level per 1,000 s.f. Industrial: 0.89 employees at Very Low Income level per 1,000 s.f. 0.15 employees at Low Income level per 1,000 s.f. Employee-Income Based (Very Low Income) Conversion Matrix: Office Industrial Multi-Family Commercial 1000 sf office 3144 sf 1546 sf 1000 sf industrial 310 sf 480 sf I multi-family du 1000 sf commercial 650 sf 2056 sf Employee-Income Based (Low Income) Conversion Matrix: Office Industrial Multi-Familv Commercial 1000 sf office 1071 sf 1400 sf 1000 sf industrial 1071 sf 1500 sf I multi-family du 1000 sf commercial 714 sf 666 sf WPB:1642S1:S I RENAISSANCE COMMONS (tka Motorola) DR! USE CONVERSION ANALYSES Total WaterlSewer Flow: 1000 sf office I multi-family du 1000 sf commercial 100 gallons/day 374 gallons/day 271 gallonslday WaterlSewer-Based Conversion Matrix: Office Multi-Familv Commercial 1000 sf office .26du1 369 sf I multi-family du 3740 sf 1380 sf 1000 sf commercial 2710 sf .73du Total Trips: (max = 13,020 daily trips and 1,634 peak hour trips) Trips-Based Conversion Matrix: (based on PM peak hour trip generation rates) Office Multi-Familv2 Commercial 1000 sf office 2.4 du 451 sf 1 multi-family du 416 sf 188 sf 1000 sf commercial 2216 sf 5.33 du , Bold figures are those utilized in Use Conversion Matrix 2 Conversion to residential use is based on PM peak hour trip generation rate for apartments. I., WPB:164251:B I MOTOROLA DRI NOPC Current Uses: 500 multi-family residential units 63,500 s.f. retail 450,000 s.f. office 128,000 sJ. industrial (warehouse) use Proposed Uses: 213,000 s.f. retail (includes 15,000 sJ. daycare) 247,800 s.f. office 1551 multi-family residential units and establishment of a Use Conversion Matrix: Office Multi-Familv 1000 sf office .26du I multi-family du 416 sf 1000 sf commercial 650 sf .73 du WPB:164603:S Commercial 369 sf 188 sf f- LL <(:0- lYe. O~ Qi C;; -0 .8 -0 OJ 2: OJ '" OJ ~ o -0 OJ '" '" ..c ~ :J e. ~ .0 '" e. '" o '" CD '" "- N N .'" :::J o W "- '" 0) N "- OJ -0 o o ~ o c: o e. :J -0 OJ '" '" .0 ~ c: :J Cl .!: Qi ;: -0 C ~ '" .'" :J 0- W c: OJ -0 :J ,,0:: OJ '" :::J c: .'" o >- e.OJ ...... :J-t:i c: -0 0 OJ OJ- t: en () :J '" U om:;: l/l C o :;:; .!!! ::J U ell U l/l -~ Q) C- o Qi > Q) o 00)00 0000 a_Noro l;)r-:u-iN x...--"--V"-- W - c: :J ;:!: ~'" o u: a a <"-aa N 000 o a Za - <0 .1" :::J aao 000 l,() 0_0 - 0 <0 "'<ON (O...~ C 0> --:- --:- == o c: ~ <t= rr :~ ~ g- g- ~ Q) :?: -- -- ro '- Q)"'C;:;;;; Q.l";::: "'=t a. LL 19 .~ ti OZ"~~::t::o~ N...... C N c: ;=::::J 0""'00 OO)l.l)C) 1.0. ..-- N co ~<D<riN ">iN"--U')"- W - c: <0 :J~<O 3:~~ o u: <0 0 N 0 ~ ~ cici o 0 Z 0 ~1.O c: :::J 000 000 U") o~ 0 - 0 <0 "'<ON (O...~ C'l~--:-= ~ c: -= -= 0- r./) = rro-(/) -. m(/)(/)- ~OJ;:--ro ca."Oro~E ~z-.I.LQ)(f:~ ::I~'2n::O-g O:::J en o o N (0 N -0 C- O) ro o f- ~ ~ 2 '" -'" '" Cl.J~-o Vl-(/)"'" :J'dce "0'29('\1 Q) roS ~ID'S a. "0 .!::? o ::> '" cterc.> '" ... I'- .,; en N -0 c- O) ro o f- ",-0 OJ OJ ",- :J{5("') -000 <1Ja.t: ~O..-- g-z ~ '" [L ;; "''''0 I'-N<O o. I'- I"- 0....... ...,.- >i~U")N W - c: :J ;:!: ~ '" o u: o <"- 0 N o 0 ci gg ZU')O<X:l ...... 1.0_ (")-1'- ~~... c: N N :::J rn..--=- c:.;::= =0-0- OJ '" '" ;:-- CD -0 '00 ~ e.LL- ~'2~8 c: :::J r:~~ 0). ("') 0) ~-q:ci ">itOU")C") W - c: "'''' :J.....l,()('\I ~~~;; o u: ci gg ZlOOOO ...... 1,().C")-r-- 'c N ~ :::J 0>---:- .~ ~-= Q)gg- OJ ;:-- ~~~~ _'2Q.l(f: c: 0:: 0 :::J I'- I'- '" N (0 (0 co '" CO CO N '" N -0 c- O) ro o f- c ~ ~ :J o =a OJ '" o e. o ct ~ (0 "'- <0 '" I'- "- 0) N CD 0) ": N -0 c- O) ro o f- c OJ " :J o =a OJ '" o e. o ~ 0.. ~ ~ ~ f i f- LL <( IY o MEMORANDUM UTILITIES DEPARTMENT NO. 03-101 TO: Diane Reese, Financ~rector Peter V. Mazzella, :6~tilities Director FROM: DATE: July 8, 2003 SUBJECT: Capital Facilities Charge Transmittal - Motorola Site - Renaissance Commons The developer has elected to pre-pay the capital facilities charges for a portion of this project rather than pay the capacity reservation fee, as allowed by section 26-34(E) of the City's code. The capital facilities charge is based upon the unit size and count as shown on the attached sheet. Payment of this fee was a condition of the purchase contract for the land, which is why we are receiving such a large amount at this time. The plans for the project are still being revised, so we cannot ascertain exact building and unit numbers or addresses at this time. We will, however, request a breakdown of building and unit numbers for these capital facilities charges from the developer, and transmit that information to the Building Division so that these amounts may be properly credited. The attached check no. 1601 in the amount of $447,693.85 should be credited as follows: Water Capital Facilities Charge Amount $ 380,092.08 Sewer Capital Facilities Charge Amount $ 67.601.77 Total $447.693.85 Please deposit this check in the appropriate cap fee accounts. Thank you. The reservation fee for the balance of this project is being sent to you under separate cover. Attachment PVM Xc: Peter Mazzella (w/copy of attachments) Tim Large, Building Division, Dept. of Development (w/copy of attachments) John Pagliarulo, Building Division (w/copy of attachments) File cj;u ...... >8: ~< 01>> c" mg "10' 0.. ;u_ aQ >(il 313 ~ ~. r- 2. " " >co a~ -" ~o 38" m~ en". "00 "<~ ii:'" m- z~ .... , 03 "" ~.. ~~~ ~..a g .....~ (i)(il;;:;.:' "tIo!!. 00-" > is:~. z. s: 0-::0: (6" ;:0 =rn m3a en"'" miD~ ::o~(C ~ ' m -l~O air:' zO'''' "T1 ... ~-....I mo~ m" 0 .. <D " co 0.... ;:01>>= ~ 0 "'-" >aCl'l );3ill zo-~ ~I>>O- "~I>> m"<< 09.9, ""0 " cl>>I>> Z3-g :::; ro n. cn3..;t 1:...1: ,,"'... 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Attorneys and Counselors at Law 612 East Colonial Drive, Suite 190 Orlando, Florida 32803-4650 (407) 481-2993 FAX (407) 481-2982 TRANSMIITAL LEITER To: Boynton Beach City Hall Post Office Box 310 Boynton Beach, Florida 33425-0310 AnnBray~~ Legal Assistant From: Date: July I, 2003 Reference: Boynton Office Owners LLC sIt Compson Associates of Boynton, LLC MOTOROLA, A PLANNED INDUSTRIAL DEVELOPMENT Parcel Number 08-43-45-17-02-001-0010 Message: Pertaining to the above captioned transaction, enclosed are the following: I. Our trust account check number 1601 payable to the City of Boynton Beach in the amount of$447,693.85 representing payment in full for purchase of 127,000 GPD of water and sewer flow; and 2. Our trust account check number 1602 payable to the City of Boynton Beach in the amount of $24,352.02 representing payment in full for reserved capacities of 86,000 GPD for both sewer and water. Should you have any questions, please contact our office. Thank you. The City of Boynton Beach t?'" , ",{to. ,', Ie ,'., ".' " " . t__'.._....., ....c.-.. \'._, Dale S. Suprm<m Ammmt ~ Marutgor 100 B. B'!J"'ftm Beneb &n,kpartl P.O.S-310 ~_ Beaeh, Plt1rl4a 33425-0310 T~: (561) 742-6456 PM: (561) 742-6298 BomaR: SugermtmD@d.~bmt:hJf.'" www.~hMeh.'"K May 21,2003 Mr. R. Duke Woodson Foley & Lardner, Attorneys at Law 111 North Orange Avenue, Suite 1800 Orlando, FL 32801-2386 P.O. Box2193 Orlando, FL 32802-2193 RE: Motorola DR 1- Water & Sewer Capacity for Proposed Development Dear Mr. Woodson: Subsequent to your letter of May 9, 2003, and after recent discussions with the project engineer, Jeff Schnars, we are furnishing an itemized cost for capital facilities charges and reservation fees for the proposed Renaissance Commons development. These costs are based upon the development having the following components: 78 1-bedroom apartments 142 2-bedroom apartments 38 3-bedroom apartments 15,000 sq. ,ft. of retail commercial space (not including restaurant use) 166 2-bedroom town homes 76 1-bedroom town homes 2 recreation centers (one each for the apartment and townhome sections) In your letter you requested pricing representing the purchase of 127,000 gallons per day (gpd) of water and sewer capacity, and reservation of 85,060 gpd of water and 43,000 gpd of sewer. In reality, the purchase or reservation of water and sewer capacity from the City of Boynton Beach Utility System is tied to actual dwelling units (or equivalent) rather than a lump sum capacity. Please see chapter 26 of the City's Code of Ordinances for reference to this definition of capacity. Because of your specific needs, we have broken the spreadsheet down into three component parts. In consideration of the code, and in light of your request to pay for 127,000-gpd of flow as outlined in the approved DRI, the top section of the spreadsheet America's Gateway to the Gulfstream depicts the capital facilities charge cost of $447,693.85 for a flow of approximately 127,000 gpd. This includes all of the apartments, their associated recreation building, the 15,000 s.f. of retail commercial, and 72 of the 166 2-bedroom townhomes. The approximate flow from all of these units is calculated to be 127,109.2 gpd, which is fairly close to your 127,000-gpd request. The second part of the spreadsheet outlines the balance of uses and the associated flows that would occur in addition to the approximately 127,000-gpd request. This includes the remaining 94 2-bedroom townhomes, all 76 of the 3-bedroom town homes and the second recreation building. These uses amount to 85,990.2 gallons per day in flow. Payment of the full capital facilities charge for this portion of the project would amount to $302,721.66. However, it is our understanding that you do not wish to purchase this nearly 86,000 gpd of capacity at this time. Instead, it is your plan to only reserve this capacity. The reservation fee for the balance of the development, based upon meter number and size, is calculated to be $24,352.02. This reservation is only effective for one year following the date of its payment. As we discussed before, it is only a reservation fee, and is not a deposit against future capacity payment obligations. Therefore, the total payment for the purchase of approximately 127,000iJPd of flow and the reservation of capacity for approximately 86,000 gpd of flow is $472,045.87. The above calculations were based upon information that the apartments and retail components would be constructed first. If such is not the case, please advise as to the schedule of construction, and we can revise the spreadsheet to reflect that schedule. Be aware, however, that all payments must be assigned to actual dwelling units for tracking and permitting purposes. I trust this information will satisfy your request. Very truly yours, CITY OF BOYNTON BEACH Dale S. Sugerman Assistant City Manager ~~~. cc: Peter Mazzella, Deputy Director of Utilities Jeff Schnars, P.E. (fax 561-241-5182) Jeff Douglas, Capital Partners, Inc. file d;o -<lD )>'" rlD O~ c:=: mg "CD' 0", ;0_ ()Q )>iiI 313 -<0> )> -, r =:. ,,::> )><0 ()~ - '" ro =i- _0 m:i: en::> ::> "0 ?<~ S:" m(;> ~~ 03 "!!l. ~'" "'Ul "'- :"'QO() g ~~ Gl iiI '" ""Oo!!. 00"" - - 0> )> 8" Q. z. s: O"::i:Qi" ::;c ;(Jl m3() en"'::> miit~ ::;c..,:!..CO ~ I m -i~0' Os::' zerJ\J -n ... ~-...J mo~ m::>o '" co " <0 0"'0> ;::00)= ~ 0 m_::> }loacn s;3iji zo.~ ()o>o. -0> m"''< 000 -nj ~ c'<" ~3~ -i CD _. cn~.:< ~~E jj~", -~...... "'... ...... Caoo, ......'" 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WEST PALM BEACH FOLEV:LARDNER ATTORNEYS A T LAW May 9, 2003 Via Overnie:ht Deliverv Dale S. Sugerman Assistant City Manager City of Boynton Beach 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0130 Re: Motorola DR! Preservine: Water and Sewer Capacity for Proposed Development Dear Mr. Sugerman: The contract purchaser of a portion of the Motorola parcel has submitted a site plan for formal review by the City. As we have previously discussed, we would like to purchase water and sewer capacity to enable this project to move forward. Specifically, we would like to purchase 127,000 gallons per day of water and sewer capacity and to reserve an additional 85,060 gallons of water capacity and 43,000 gallons per day of sewer capacity in the name of Compson Associates of Boynton, LLC. We would appreciate a calculation of the amount owed to purchase and reserve this capacity. It is our understanding as explained in your letter of March 4, 2003 that if the City Commission does not approve all or portions of the site plan as submitted we will be entitled to a refund for that capacity not approved. Thank you for your assistance in this matter. Yours truly, --c:,<..) ,,,,-E R. Duke Woodson cc: Daryl M. Carter Jeff Douglas James Comparato FOLEY & LARDNER 111 NORTH ORANGE AVENUE, SUITE 1800 ORLANOO. FLORIDA 32801.2386 P. O. BOX 2193 ORLANDO, FLORIDA 32802.2193 TEL: 407.423.7656 FAX: 407.648.1743 WWW.FOLEYLARDNER.COM WRITER'S DIRECT LINE 407.244.3247 CLIENT/MATTER NUMBER 031498.0125 EMAIL ADDRESS rwoodson@foleylaw.com 008.295260.1 The City of Boynton Beach .." . .. ..........lr.?'r ,<:'~ .,. Dak S. Sagumtm Amstmtf CIry Mtmafp' 100 E. ~ Beaeh Boulnam P.O. _310 s.rynro.. Jhaeh, Ftorltla 33425-0310 Telep1ume: (561) 742-6456 F_ (561) 742.6298 E-mail: SugnmartD@cl......Jrnf<m-..-<:h.fl.us www.boyJJ_"-<:h.'"f{ March 4, 2002 Mr. R. Duke Woodson Foley & Lardner 111 North Orange Avenue, Suite 1800 Orlando, Florida 32801-2386 RE: Motorola DR 1- Status of Capital Facilities Charges Paid to Date Dear Mr. Woodson: The attached memo no. 02-262 from Timothy K. Large to Nancy Byrne outlines the capital facilities charges paid to date on the Motorola site. Our records indicate only these two payments have been made. For permit no. 82-0694, a total of $39,721.50 was paid towards water and sewer capacity. Based upon the cost of $10001 equivalent dwelling unit (EDU) in effect at that time, this value reflects a purchase of 39.72 EDU's. Regarding permit no. 94-1811, filed in 1994, a total of $7299.20 was paid towards water and sewer capacity. The cost per EDU in 1994 was $1099.00, yielding a purchase of 6.64 EDU's with this permit. The previous owners of the Motorola site have therefore purchased a total of 46.36 EDU's to date. To calculate equivalent capacity, the factors are: 1 EDU for water = 312 gpd 1 EDU for sewer = 250 gpd The net purchased capacity is therefore: water- 14,464 gpd and sewer- 11,590 gpd. These values will be credited toward the demand of the Motorola property if the current building is reconfigured into alternate uses. We do require that the purchased capacity remain with the parent parcel, and not be transferred to another property, however. Mr. R. Duke Woodson Motorola DRI Page 2 March 4, 2003 Should you have any additional questions about this matter, please be sure to contact me at the direct-dial telephone number written above. Very truly yours, CITY OF BOYNTON BEACH ~o.k ~. Dale S. Sugerman Assistant City Manager cc: Nancy Byrne, Deputy Director of Development Timothy Large, Building Code Administrator Peter Mazzella, Deputy Utilities Director :City of Boynton Beach Utilities Dept. -124 E. Woolbright Road :Boynton Beach, FL 33435 :Telephone 561 742-6400 . Fax 561742-6298 facsimile transmittal To: Duke Woodson Fax: 407-648-1743 From: Peter Mazzella Date: 3/5/03 Re: Motorola DRl- Status of Capital Facilities Charges paid to date Pages: 2 . . o ~rgent X For Review. 0 Pleas<; Comment . x Please R"P.ly o Please Rec}<:le . . Duke The attachment was inadvertently left off of the letter (mailed yesterday) regarding this topic. Please attach it as originally intended when the letter is received. We're sorry for any inconvenience this may have caused. Sincerely, Peter Mazzella Attachment XC: Dale Sugerman (w/attachment) Peter Mazzella " Nancy Byrne, Development Dept. Tim Large, Development Dept. File " " DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-262 ~. ~ <<:;. ~ ~ \;i ~~'..;..C'I . ~ ----lli , "1 . i NOV ! 4 2002 IS DEPARTMENT OF DEVELOPMENT TO: Nancy Byrne, Assistant Director of Development Timothy K. Large, Building Code Administrat~fYJ FROM: DATE: November 14, 2002 SUBJECT: MOTOROLA CAPITAL FACILITY FEES Project: Address: PCN: Motorola Site 1500 NW 22nd Ave (Gateway Blvd) 08-43-45-17-02-001-0000 The following capital facilities fees have been paid for this project. The fees are listed with the appropriate permit numbers (see attached). Permit #82-0694 Water Fees: $18,915.00 Sewer Fees: $20,806.50 Permit #94-1811 Water Fees: $5,971.20 Sewer Fees: $1,328.00 Total Water Fees Paid: $24,886.20 Total Sewer Fees Paid: $22,134.50 RECEIVED NOV 1 5 2002 BOYNTON BEACH UTILITIES It I /1-.110 2- attachments bf "?~, ",J)' rPj ~5 ~~r \ Jr-~ LJ-~~ ~b I11'"f D,w Jamf S:\Development\Building Code AdmlnistratorlMemos Wednesday, April 21st, 2004 Questions for Kurt Bressner's Meeting At the Boynton Beach Library Introduction: The following are responses to questions submitted by residents before a meeting on April 21, 2004. The format and content of the questions are from a list submitted by the residents. Staff has endeavored to respond to the questions based on available information as of today, April 21, 2004. A word about documents is in order because there have been numerous requests from many parties for documents. At present, the City Manager's Office is coordinating the production of documents related to the development of the former Motorola and the Winchester parcels. Paper copies of these documents are being kept in the City Clerk's Office for public inspection and copy requests can be made of any documents based on payment of the appropriate amount for the document( s) requested. Several residents have requested to be made aware of the review process bye-mail. Staff is developing a means of providing such a notification procedure. However, the details have not been worked out. My hope is that all the documents related to the development review of both of these parcels can be converted to electronic format and be made available via the City's Web Site. We would still maintain a paper copy of the documents via the City Clerk's Office. The responses to the questions submitted to date are shown below in italic print. In addition, we have shown the responding department( s) in each question. Respectfully, Kurt Bressner City Manager Boynton Beach, FL April 21, 2004 Is there an overall proposed site plan (36"x 24") for Renaissance Commons and Winchester properties? If so we would like to see and have at least one copy. Response: There is no combined master plan for both of the developments on one sheet. We have the site plan(s) for Renaissance Commons and a very preliminary site plan for the Winchester property. (Response from City Manager) Why does the City want to exchange Gateway Blvd for Old Boynton Road? If you get Old Boynton Road, what do you intend to do with it? Response: The City has no plans to enact a roadjurisdiction transfer with Palm Beach County. However, this is possible. Presently, Gateway Boulevard is maintained by the City of Boynton Beach and Old Boynton Road, east of Congress Avenue, is maintained by Palm Beach County. It may be beneficial for the City and County to exchange these two roads in the future because Gateway Boulevard functions more like a regional arterial roadway and Old Boynton Road has Response to Resident Questions April 21, 2004 I characteristics normally associated with a local collector roadway. Again, no plans are in place at this time and no discussions are ongoing. (Response prepared by Engineering Department) What are the similarities and differences between Renaissance Commons and Tradewinds? Response: Tradewinds was a multi-family development, which was denied approval by the City Commission. The developer sued and won an $8,000,000 judgment against the City. The City was required to borrow money for the payment of the debt and is still paying this debt. In the intervening period of time, the Florida Legislature has approved legislation regarding development rights of property owners, generally known as the "Bert Harris Act." It is not known if there are differences or similarities between Tradewinds and Renaissance Commons other than the history of the Tradewinds development lawsuit. There has been no statement by the developer of Renaissance Commons referencing either the Tradewinds lawsuit or the Bert Harris Act (Response by City Manager and Finance Department) Who else must approve this project (DRI)? Response: (attached is a synopsis of the Renaissance Commons Amendments indicating processes and timeline). Only the City must approve the DR!. However, the State (DCA) may object to the action of the City and appeal to the Florida Land and Water Adjudication Commission. (Response by Development Department) What date was Renaissance Commons DRI submitted to DCA? Response: November 12, 2003. (Response by Development Department) What Market Research do you have on Renaissance Commons? Please supply copies. Response: Copy provided to the City Manager's Office by Development. (Response by Development Department) What is the timeline for the Renaissance Commons and Winchester properties? Response: Ultimate timelines are unknown. The previously mentioned attachment provides the known timelines. Additional phases of Renaissance Commons are still to come. Nothing has been started on the Winchester site, therefore it is too early to establish timetable. . (Response by Development Department) pyWlJl~ ~I bUlw- evi' ~ . Has there been an analysis of the Net Tax Benefit for the Renaissance Commons and Winchester properties? Response: No. (Response by Development Department) Would you provide to us a height setback graphic that is to scale? (Improved version of drawing provided at last Commission Meeting) Response: Copy provided to City Manager's Office. . (Response by Development Department) Response to Resident Questions April 21, 2004 2 Per the SME, how can the property boundary be in the center ofa Right of Way? Does that Right of Way include the center ofa Canal? UJ~(;. t$ w<<r4V IJ.}/( 11--0-<<) (~): Response: The property boundary is not in the center of the R-O-W The height setback envelope for mixed-use structures adjacent to developed single-family residential zoning is measured from the common property line when the SMU and the single-family development abut. The measurement is from the centerline of any intervening right-ol-way, when the two districts do not abut. The right-aI-way would include the centerline of the intervening street or canal. . (Response by Development Department) (2eit:>G. 'P1U<.JJt0-<4 ~c.e11 C, 11> 5~':S ~ - V So - (J\J,..,c.We:i ~ ~ I"'~~' ~~ -ot;t-r}.U. 11:> ~l1ovJ?~U'$. What are the criteria to determine building height exception in a SMU? Response: There are no height exceptions allowed in SMU . (Response by Development Department) What are the ramifications of building lower (2-story) adjacent to single family neighborhoods? Response: Ramifications may include, smaller units sizes, less open or green space and/or fewer units. . (RespollSe by Development Department) Is it possible for the developer to build lower building heights (max 45 ft) and have less common area (green space) to achieve developer's profit margins? Response: This can be addressed with the developer. Generally, however, the taller the building the less land area and the greater the amount of open space for a given square footage of building area. At a maximum floor area ratio of one (relationship between the land area and the total square footage of all the buildings), or 43,560 square feet offloor area per acre of land, a four-story building only occupies Y. the land area of a i-story building and a 6-story building occupies only 1/6 the land area that a i-story building would occupy. Staff cannot speculate on developer's profit margins. (Response by Development Department) Who is paying for the infrastructure including sewer, water, roads, underground utilities, and reclaimed water pipes of the Renaissance Commons and Winchester properties? Response: These are costs normally borne by the developer. At this time, it appears that the internal roads and landscapingfor Renaissance Commons will be owned and maintained by the developer and subsequent property owners associations. The recycled water pipes are also privately maintained. Water mains and sanitary sewer systems are usually transferred over to the City for ownership and maintenance. Storm water pipes and retention basins are typically maintained privately with easements granted to the City. There are no details or infrastructure information available for the Winchester property. (Response prepared by Engineering Department) What steps are going to be taken to protect surrounding areas subject to flooding by increased watershed? Response: The developer will be required to contain/retain runoff on-site to the minimum requirements of the LDR. Additional conditions may be imposed by other governing agencies such as the South Florida Water Management District (SFWMD), the Lake Worth Drainage Response to Resident Questions April 21, 2004 3 District (LWDD), the Florida Department of Transportation (FDOTJ, and/or Palm Beach County. All storm water will either be stored or detained on site thus minimizing the impact to adjacent properties. (Response prepared by Engineering Department) Who pays for the common areas in a SMU? Response: It is customary that the common areas are constructed, paid for and maintained by the developer. Staff will review the specifics of proposals at site plan review. (Response by City Manager) How is C-3 Zoning (Winchester Property) any different than strip centers you wish to get away from? Response: It isn't different. C-3 zoning allows strip centers and big box super centers. (Response by Development Department) Is there a conflict between SMU (no gas stations allowed) and C-3 Zoning (allowing gas stations)? (JromnP6. C-'" II~ "* rPAS :7n'r'11...u ~ ~s;. Response: The C-3 zoning can be used to develop those uses and patterns of development that the SMU does not permit. Adequate buffering between the C-3 and any residential portions of an abutting SMU would serve to reduce allY potential conflicts. . (Response by Development Department) What type of positive tree cover differential between the Renaissance Commons and Winchester property lines and its immediate neighborhoods? Response: We are not familiar with the term "positive tree cover differential." What is it? (Response by Development Department) W ~ ~ Of ~ ()Jlu" /!IG ~ WwCol(. I<'Ji:> ~1<-~ 1..4-K~. What types of streetlights are allowed in an SMU? Response: This is a site plan issue. If the streets are private, there is flexibility in the design and style of the street lighting. If the streets are public, the City uses the standard streetlights that are maintained by Florida Power and Light. In the past, the streetlights and parking lot lights have been reviewed to make sure the height, intensity and direction of light is not intrusive to adjoining residential areas. All streetlights, parking lot lights and building lots will be carefully evaluated during the review process. (Response prepared by Engineering Department) What types of steps are going to be taken to prevent direct physical damage to aquatic habitat and wildlife along the canals? Response: These issues will be addressed in part during the permit process with SFWMD and LWDD. An environmental review is also instigated by the City Forester in connection with site development of open spaces such as this. (Response prepared by Engineering Department) Is developer of Renaissance Commons and Winchester properties, going to clear land in phases to prevent erosion and keep dust to a minimum? Response to Resident Questions April 21, 2004 4 Response: When the developer applies for Clearing & Grubbing, Exc. & Fill, or other site activity permits he is required to provide an Erosion Control plan in accordance with the EP A 's National Pollutant Discharge Elimination System (NPDES) permit requirements. Failure to control erosion during construction may result in Code Compliance action and/or action by SFWMD. (Response prepared by Engineering Department) Who will install and maintain silt screens along the down slope edges of the canals to control perimeter sediment? Response: When the developer applies for Clearing & Grubbing, Excavation & Fill, or other site activity permits he is required to provide an Erosion Control plan in accordance with NPDES requirements. Silt screens will be a requirement of the Erosion Control plan and the developer will place and maintain them. Failure to control erosion during construction may result in Code Compliance action and/or action by SFWMD. (Response prepared by Engineering Department) What material and height is required for building fence around the perimeter of construction area? What and who is required to keep construction area free of debris? Response: The fence cannot exceed 6 feet in height and debris is allowed on an active construction site. It is the responsibility of the contractor(s) to maintain the site. (Response by Development and Engineering Departments) What actions will be taken to prevent rodents and snakes from entering adjacent properties to Renaissance Commons and Winchester property? Response: City staff does not have comment on this question. This has never been a significant issue in prior developments that we are aware of (Response prepared by Engineering Department) Will irrigation be prohibited from all canals for Renaissance Commons and Winchester properties? Response: Irrigation has the potential to come from three sources: well, canal, or reclaimed water. The reclaimed water is not yet available that far north. The most likely source for irrigation water will be from the canals or well water. Final determination will be made by the SFWMD by permit. The City does not have the authority to prohibit use of canal water. (Response prepared by Engineering Department) What is the City's ordinance for days, hours construction work can occur? Response: Section 15-8.5 & 15.8.8 City of Boynton Beach Code of Ordinances specifies that, except for Sundays and legal holiday, construction is permitted any day. However, from 7 a.m. to 10 p.m. the sound level must not exceed 60 decibels, and from 10 p.m. to 7 a.m. the sound level must not exceed 55 decibels. (Response by Development Department) Response to Resident Questions April 21, 2004 5 What are plans for crime prevention near Renaissance Commons, Winchester and surrounding areas? Response: Typically, new development is reviewed to determine whether there will be a significant increase in volume of business/residents/traffic to determine if any increase in staffing would be immediately required. The nature of the development needs to be assessed as their design and target (customers, residents, businesses) will also affect law enforcement service needs. The proposed development does not appear at this stage to present any significant requirements for staffing increases, as we feel current staffing levels will adequately address the needs. This will have to be monitored and assessed annually, as is done with the rest of the city during budget preparation. (Response prepared by Police Department) What are the noise ordinances and curfews for the SMU? Response: The noise ordinances for the SMU are the same as those covering the rest of the city, as outlined in City Ordinance #001-55. There are no curfews applicable in the City of Boynton Beach. The City's Noise Ordinance covers construction activities and is found in the Code, Chapter 15-8. It allows "noise" from 7:00 a.m.- 10 p.m. Monday - Saturday. (Response prepared by Police and Engineering Departments) Are there any outside amphitheatres being proposed in either Renaissance Commons or Winchester properties? Response: None have been submitted in any approved plans. (Response by Development Department) *We have numerous questions regarding specific conditions on setbacks, building heights, landscaped buffers, berms, general landscaping, lighting, parking garages in the SMU ordinance. Response: Understand and as development details become known during site plan review, these issues can be addressed. Please find a current listing of paper documents on file at the City Clerks office as of April 21, 2004. As additional documents are filed, they will be added to the file at the City Clerk's Office. (Response by City Manager) . ~/t. ~ (XJJ b:Jrf. ~) ~ "PUFFIC EY-177.1J(,. UJI,(J~7dl- ~ t>'lItA~UD:>r ~J . . ,,~ * ~/&>e:>vr.s IN Uhu~ J €L/)ex.~ -".~ -..JDV.u-c;, MIX >JJ bf- ~ C-Ik~ . s~ <<J1fQu!;. /AJ~ I'" .a3lGZ#,IJ J . .. ~ IN1J -nJtS 517lE CtJ/tt... ~E' 1Fht.e:s '71) r;;)Vsr IZE;SID . ..;.JO JJ8T" ~ ~ INr!J e<.c A...n .~.. 0_ _ . . . -<r"07V .~ .PUE. 7V 77Vtfflc-~ Ct/.J t7' . ~ ~ 1JH. $I..W. ~ A-U6w /55/ (IN ...,.. r7_. /0 . . I I,.:> "'lI "<.E!/tI. ~M.-..a. Response to Resident Questions April 21, 2004 6 Renaissance Commons Amendments DRIA/NOPC Development of Regional Impact Amendment/ Notice of Proposed Change COMPREHENSIVE PLAN AMENDMENTS Application Submitted Application Submitted DCA-TCRPC- City of Boynton Beach November 12, 2003 November 12, 2003 . P & D Review P & D Review February 24, 2004 February 24,2004 , City Commission City Commission First Reading Ordinance Transmittal Hearing March 16, 2004 March 16, 2004 .. . Applicant Requests Amendment Package Postponement Transmitted to DCA March 31, 2004 March 24, 2004 ~ Second Reading Postponed April 7,2004 DCA Review and Comment Period Response within 60 days (early June 2004) Second Reading City Commission Adoption To Correspond with Hearing Comprehensive Plan Within 60 days After Receipt of Amendments Adoption DCA Comments (by late July 2004) Response to Resident Questions April 21, 2004 7 Renaissance/Winchester Docnments - As of April 21, 2004 All charges are plus tax Docnment Sonrce Date Pal!es Cost Renaissance Commons DRl Development 1 15 cents per Master Development Plan page Compson Associates $ 0.15 Renaissance Development 6-10-03 5 $5.00 per Overall Site Plan page $25.00 Renaissance Development 11-3-03 I $5.00 Site Plan Phase II Renaissance Development 11-3-03 2 $10.00 Site Plan Phase III RenaissanceNiaLago Development 2-25-04 3 $15.00 Overall Site Plan Phase N Preliminary Plan for Winchester Development 3-26-04 I $5.00 Parcel Boynton Place I & !! Rezoning Master Plan City of Boynton Beach Development 113 $16.95 Comprehensive Plan 2003 Peak Season Daily Volume PBC Website 1 15 cents traffic www.pbcgov.co mien!! Traffic Studv - taken by machine PBC Website 1/12/04 60 $9.00 Traffic Study - taken by hand PBC Website 1/12/04 66 $9.90 City ofBB Charter Code of 15 20 cents Ordinance Book double double sided sided copies $3.00 Site Plan Review Application for Planning Dept 4/9/03 8 $1.20 Renaissance Commons Site Plan Review application for Planning Dept 9/10/03 14 $2.10 Renaissance Commons Phase II Site Plan Review application for Planning Dept 9/10/03 19 $2.85 Renaissance Commons Phase III Text Change to the Comp Plan to Planning Dept 3/10/04 14 $2.10 establish a mixed use-suburban land use - Boynton PlacelWinchester Response to Resident Questions April 21, 2004 8 Land Use Amendment & Planning Dept 3/10/04 60 $9.00 Rezoning - Boynton Place Land Use Amendment & Planning Dept 3/10/04 38 $5.70 Rezoning - Boynton Place I Land Use Amendment & Planning Dept 3/1 0/04 39 $5.85 Rezoning - Bovnton Place II Suburban Mixed Use Development I $5.00 Heights adj to non-single family Dept & intervening building Suburban Mixed Use Development 1 $5.00 Heightslsetbacks envelope adj to Dept single family homes 3 x height = setback Market Study - Motorola Development 212003 102 $15.30 Residential Community Deot Renaissance Commons Development 7/15/03 8 $1.20 Development Order Dept Renaissance Commons Development 12/2/03 6 $0.90 Development Order II Dept Renaissance Commons Development 7/15/03 7 $1.05 Development Order III Deot , S:CM/Joyce/RenaissanceIWinchester-kb Response to Resident Questions April 21, 2004 9 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION · Building . Planning & Zoning . Occupational UceltSes . Community Redevelopment January 2, 2003 Mr. Bob Cambric Growth Management Administrator State of Florida Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Re: Notification of a Proposed Change Motorola - DR! - Amendment No.1 (Our Ref. No. DRIA 02-002) Dear Mr. Cambric: Please find attached a certified copy of Ordinance 02-061 approving the Motorola DRIA NOPC Amendment No.1. Sincerely, ~~d~vr Michael Rumpf Planning and Zoning Director cc. Jim Cherof, City Attorney . S:\PlannintsHARED\ WP\PROJECI'S\Motorola DRI\DRI\DC.A let2.rtf CIty of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 3342lHl310 Phone: (561) 742-&50 . www.c/.boynton~.or The CihJ oI BoljDtOD Beach ~"''-'" ,('" ' " ,', l \ ~ j \ 'Y\ \ . .1 I ::...\. ~ ,10! '.", /.- . -t"" /,," r 0 ~.:- i"'~ " Cil~ Clerk', Olliee 100 EBOYNTON BEACH BLVD BOYNTON BEACH H.33435 (561)742-6060 PAX (561)742-6090 www.bo~nlon-beach.org CE R T I F I CAT ION I, JANET M. PRAINITO, CMC, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that Ordinance #02-061 consisting of ten (10) pages, and Exhibit "A", "B" and "C" consisting of six (6) pages are true and correct copies as they appears In the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 20th day of December 2002. m. J ET M. PRAINITO, CMC, CITY CLERK ecember 20 2002 (SE.4I'\\lIIIIII/IIII ,~, 'II/. '" O'/NTO ~-% ~ a.. AI ~ .;:;:. h v......... -'^ ~ ~ :-;, ,.~ t >.. "J ~ ~ 0 .<cj{~?O'~r'>."', ~ ~ .:::- :Vc.\'~.;7' ~ ~ >-. !,,~ 0 ~ 0 :: == '::; i:J::: =:0\ ._ ; ~ ::;. ... 4(:;\;;) l ::: ~ 040,..:'" ~,...., ~ ~ "..>~..- ').. ~ .~/. i:',' IRClI\)!' ~~ 11// - - ' \X0 11111111111\\\\\\ S:\CClWP\certifications\certiflcation . Jenet -Ietterhead,doc '-, : ] JeG? ORDINANCE NO. 02-Vb I AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-36 OF THE CITY OF BOYNTON BEACH BY ADOPTING AN AMENDMENT TO THE MOTOROLA DR! ORDER; PROVIDING FOR A SAVINGS CLAUSE, REPEALING PROVISION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 1, 1979, MOTOROLA, INC., (hereinafter sometimes referred to as Motorola) filed a Development of Regional Impact Application for Development Approval (hereinafter Application) with the Treasure Coast Regional Planning Council (TCRPC) in accordance with Section 380.06, Florida Statutes; and, WHEREAS, the City Commission of the City of Boynton Beach approved the Motorola Development of Regional Impact on June 3, 1975 by Ordinance No. 75-19, and subsequently amended by Ordinance 79-36, dated January 7, 1980; and WHEREAS, Motorola proposed to develop a manufacturing development and administrative facility on approximately 90 acres, constituting a Comprehensive (Industrial and Office) Development of Regional Impact on the following described real property located in Palm Beach County, Florida, described in Exhibit "AU. WHEREAS, on September 18, 2002, Maury L. Carter & Associates, Inc., the new owner of the Property (hereinafter referred to as Developer), filed a Notice of Proposed Change to the Motorola Development of Regional Impact with the City of Boynton Beach, the Treasure Coast Regional Planning Council and the Florida Departroent of Community Affairs in accordance with Section 380.06, Florida Statutes; and WHEREAS, said Developer proposes to operate the existing office, warehousing, and manufacturing uses currently existing on the Property and to develop vacant portions of S:ICAIOrdinanceslDRllAmended 121002 DRI Amendment Motorola.doc Page 1 ii the Property as a mixed-use project with residential dwellings and supporting commercial uses; and- WHEREAS, the City Commission of the City of Boynton Beach, Florida (hereinafter City Commission), the governing body of the local government having jurisdiction, pursuant to Section 380.031 and 380.06, Florida Statutes, is authorized and empowered to consider Notices of Proposed Change; and WHEREAS, the public notice requirements of Section 166.041, Florida Statues, and Section 380.06(7), Florida Statutes, have been satisfied and notice has been given to the Division of Community Affairs, the Treasure Coast Regional Planning Council; and WHEREAS, this City Commission has on December 17, 2002, held a duly noticed public hearing on the Application and has heard and considered the testimony taken thereat; and WHEREAS, this City Commission has received and considered the report and recommendations of the Treasure Coast Regional Planning Council; and WHEREAS, this City Commission has received and considered the report and recommendations of the Technical Review Committee and the Planning and Development Board of the City of Boynton Beach; and WHEREAS, this City Commission has made the following FINDINGS OF FACT AND CONCLUSIONS OF LAW with regard to the Application for Development Approval. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section I. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. S:ICAIOrdinanceslDRllAmended 121002 DRI Amendment Motorola.doc Page 2 I I Section 2. That the City Commission of the City of Boynton Beach, Florida makes the following findings of fact regarding the Notice of Proposed Change submitted by Maurly L. Carter & Associates, Inc., the "Developer" related to the Motorola Development of Regional Impact previously approved by Ordinance 79-36: FINDINGS OF FACT A. The proposed development is not in an area of critical state concern designated pursuant to the provisions of Section 380.05, Florida Statutes; B. A State Comprehensive Planning Document has been recognized by the legislature as an advisory policy document for the entire State of Florida, and the proposed development does not unreasonably interfere with the achievement of the objective of this advisory policy document; C. The proposed amendment to the Development of Regional Impact Order (DR!) Order will be consistent with the corresponding amendment of the adopted comprehensive plan for the City of Boynton Beach and are. or will be. consistent with the local land develooment regulations. subiect to conditions outlined herein. and Section 7. Paragraoh 10 of Aooendix A of the Bovnton Beach City Code; and D. The proposed development will be consistent with the report and recommendations of the Treasure Coast Regional Planning Council submitted pursuant to Section 380.06(8), Florida Statutes. CONCLUSIONS OF LAW S:ICAIOrdinanceslDRllAmended 121002 DRI Amendment Motorola.doc Page 3 'I It is hereby determined by the City Commission of the City of Boynton Beach, Florida, in a public meeting, duly constituted and assembled this 17th day of December, 2002, that the Notice of Proposed Change to the Motorola Development of Regional Impact submitted by the Developer is hereby ordered Approved, subject to the following provisions of this Ordinance and the Conditions of Approval attached hereto as Exhibit "C", and incorporated herein by reference. 1. That this amended DR! Order shall constitute the Development Order of this Commission issued in response to the Notice of Proposed Change for the Motorola DR! filed by the Developer. 2. That the definitions found III Chapter 380, Florida Statutes shall apply to this amended DR! Order. 3. The Development Order shall be amended to include the following provisions: Conversion of 825.000 square feet of industrial and office land use entitlements to: 500 multi-familv residential units 63.500 square feet of retail use 450.000 square feet of office use 128.000 square feet of industrial (warehouse) use Master Site Development Plan Amendment No. 1. as submitted to the City. a copv of which is attached hereto and made a part hereof as Exhibit "BU. reo laces and supersedes the Master Site Development Plan currentlv approved in the Development Order. 4. That this amended DR! Order shall be binding upon the Developer and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this amended DR! Order. S:ICAIOrdinanceslDRllAmended 121002 DRI Amendment Motorola.doc Page 4 :1 I I 5. That in any event that any portion of section of this amended DR! Order is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this amended DR! Order, which shall remain in full force and effect. 16. That the approval granted by this amended DR! Order is conditional. Such approval shall not be construed to obviate the duty of the Developer to comply with all other applicable local or state permitting procedures. 7. The amendments proposed bv the Developer do not create anv additional impacts and therefore do not constitute a substantial deviation under Chapter 380.06. Florida Statutes (1996). 8. That this amended Development Order shan remain in effect for a period of 30 years from the date of its rendition, up to and including January 7,2010, provided that this effective period be extended by this Commission upon a finding of excusable delay in any proposed development activity and that conditions have not changed sufficiently to warrant further consideration of the development. In the event the Developer fails to commence significant physical development within four years from the date of rendition of this amended DR! Order, development approval shall terminate and the development shan be subject to further consideration. Significant physical development shall mean site clearing and foundations for the facility. 9. Actual development phasing will depend upon economic circumstances and Developer's internal business growth. The proposed development as described in the Notice of Proposed Change to the Motorola DR! are for planning purposes only and the actual development schedule may vary therefrom. S:ICAIOrdinancesIDRI\Amended 121002 DRI Amendment Motorola.doc Page 5 10. The amended DR! Order set forth in Section I hereof shaH become effective upon adoption as a part of the Ordinance rezoning a portion of the subject property from Planned Industrial Development (PID) to Community Commercial (C-3) and amending the land use designation for a portion of the subject property from Industrial to Local Retail Commercial (provided such date shaH be extended until completion of appellate procedures, if any, relating to the issuance of this amended DR! Order. 11. Copies of this Ordinance incorporating the amended DR! Order, rezoning a portion of the subject property to Community Commercial (C-3) and amending the land use designation of a portion of the subject property to Local Retail Commercial shaH be transmitted immediately by certified mail to the Division of Community Planning, the Treasure Coast Regional Planning Council and the Developer. 12. Except as otherwise amended herein. the Development Order shaH remain in full force and effect. That the foHowing described land located in the City of Boynton Beach, Section 3. Florida, (aoproximatelv 49.69 acres) is subject to the successful Land Use Plan Amendment and Rezoning, which will occur after review by the State of Florida Department of Community Affairs: ALL THAT PART OF THE PLAT OF MOTOROLA. A PLANNED INDUSTRIAL DEVELOPMENT. ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 43. PAGE 139 OF PALM BEACH COUNTY. FLORIDA PUBLIC RECORDS. BEING MORE PARTICULARLY DESCRlBED AS FOLLOW: PARCEL 1 I COMMENCING AT THE NORTHEAST CORNER OF SAID PLAT OF MOTOROLA. SAID POINT LYING 50.00 FEET SOUTH OF. AS MEASURED AT RIGHT ANGLES TO THE I I CENTERLINE OF NW 220d AVENUE AND LYING ON THE WESTERLY RIGHT-OF-WAY II LINE OF THE LAKE WORTH DRAINAGE DISTRICT EOUALIZING CANAL E-4: THENCE I, FROM SAID POINT OF COMMENCEMENT. SOUTH 07 DEGREES 10 MINUTES 03 SECONDS I : EAST <BEARJNGS MENTIONED HEREIN ARE IN THE MERIDIAN OF SAID PLAT OF i ; MOTOROLA AND ALL OTHER BEARJNGS HEREIN ARE IN REFERENCE THERETO). ! I ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID LAKE WORTH DRAINAGE 'I I, S:ICAIOrdinanceslDRllAmended 121002 DRI Amendment Motorola.doc I i Page 6 I DISTRICT EOUALIZING CANAL E-4. A DISTANCE Of 4.02 fEET TO THE POINT OF BEGINNING: THENCE CONTINUE SOUTH 07 DEGREES 10 MINUTES 03 SECONDS EAST. ALONG SAID WESTERLY RIGHT-Of-WAY LINE. A DISTANCE Of 1172.27 fEET TO THE POINT Of CURVATURE Of A CURVE TO THE RIGHT. HAVING A RADIUS Of 398.00 fEET: THENCE SOUTHERLY ALONG THE ARC Of SAID CURVE. CONTINUING ALONG SAID WESTERLY RIGHT-Of-WAY LINE. THROUGH A CENTRAL ANGLE Of 17 DEGREES 25 MINUTES 38 SECONDS. A DISTANCE Of 121.06 fEET TO THE POINT Of TANGENCY: THENCE SOUTH 10 DEGREES 15 MINUTES 35 SECONDS WEST. CONTINUING ALONG SAID WESTERLY RIGHT-Of-WAY LINE. A DISTANCE Of 978.11 fEET TO THE POINT Of CURVATURE OF A CURVE TO THE LEFT. HAVING A RADIUS Of 393.19 fEET: THENCE SOUTHERLY ALONG THE ARC Of SAID CURVE. CONTINUING ALONG SAID WESTERLY RIGHT-Of-WAY LINE. THROUGH A CENTRAL ANGLE Of 22 DEGREES 26 MINUTES 28 SECONDS. A DISTANCE Of 154.00 fEET TO A POINT Of TANGENCY: THENCE SOUTH 12 DEGREES 10 MINUTES 53 SECONDS EAST. CONTINUING ALONG SAID WESTERLY RIGHT-Of-WAY LINE. A DISTANCE Of 72.61 fEET TO THE SOUTHEAST CORNER Of SAID PLAT Of MOTOROLA: THENCE SOUTH 88 DEGREES 55 MINUTES 53 SECONDS WEST. ALONG THE SOUTH LINE Of SAID PLAT Of MOTOROLA. ALSO BEING THE NORTH RIGHT-Of-WAY LINE Of THE BOYNTON CANAL C-16. AS RECORDED IN OffICIAL RECORDS BOOK 3553. PAGE 982. PALM BEACH COUNTY. fLORIDA PUBLIC RECORDS. A DISTANCE Of 1478.02 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-Of-WAY LINE Of CONGRESS AVENUE. BEING THE EAST LINE Of THAT CERTAIN 10 fOOT WIDE STRIP Of LAND AS SHOWN ON SAID PLAT Of MOTOROLA AS ADDITIONAL RIGHT -Of-WAY DEDICATED BY SAID PLAT: THENCE NORTH 00 DEGREES 12 MINUfES 55 SECONDS WEST. ALONG SAID EASTERLY RIGHT-Of-WAY LINE. A DISTANCE OF 518.04 fEET: THENCE NORTH 04 DEGREES 21 MINUTES 02 SECONDS EAST. ALONG THE EASTERLY RIGHT-Of-WAY LINE OF CONGRESS AVENUE. AS RECORDED IN OFFICIAL RECORDS BOOK 6654. PAGE 408. PALM BEACH COUNTY. FLORIDA PUBLIC RECORDS. A DISTANCE OF 130.08 fEET: THENCE NORTH 00 DEGREES 38 MINUTES 39 SECONDS EAST. CONTINUING ALONG SAID EASTERLY RIGHT -Of-WAY LINE. A DISTANCE Of 185.90 fEET: THENCE NORTH 89 DEGREES 33 MINUTES 31 SECONDS EAST. A DISTANCE Of 999.30 fEET: THENCE NORTH 00 DEGREES 49 MINUTES 58 SECONDS WEST. A DISTANCE Of 162.94 FEET: THENCE NORTH 89 DEGREES 10 MINUTES 46 SECONDS EAST. A DISTANCE OF 266.41 FEET: THENCE NORTH 10 DEGREES 15 MINUfES 35 SECONDS EAST A DISTANCE Of 279.13 FEET: THENCE NORTH 07 DEGREES 10 MINUTES 03 SECONDS WEST. A DISTANCE OF 1033.22 fEET: THENCE NORTH 00 DEGREES 55 MINUTES 13 SECONDS WEST. A DISTANCE Of 185.00 fEET TO AN INTERSECTION WITH THE SOUTH RIGHT-Of-WAY LINE Of NW 22ND AVENUE BEING THE SOUTH LINE Of THAT CERTAIN 4.0 FOOT WIDE STRIP Of LAND AS SHOWN ON SAID PLAT Of MOTOROLA AS ADDmONAL RIGHT-Of-WAY DEDICATED BY SAID PLAT: THENCE NORTH 89 DEGREES 04 MINUTES 47 SECONDS EAST ALONG SAID SOUTH RIGHT-Of-WAY. A DISTANCE Of 300.00 fEET TO THE POINT OF BEGINNING: TOGETHER WITH ALL THAT PART Of THE PLAT Of MOTOROLA . A PLANNED INDUSTRIAL DEVELOPMENT. ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 43. PAGE 139 Of PALM BEACH COUNTY. fLORIDA PUBLIC RECORDS. BEING MORE PARTICULARLY DESCRIBED AS fOLLOW: PARCEL 2 COMMENCING AT THE NORTHEAST CORNER Of SAID PLAT Of MOTOROLA. SAID POINT LYING 50.00 fEET SOUTH Of. AS MEASURED AT RIGHT ANGLES TO THE CENTERLINE Of NW 22ad AVENUE AND LYING ON THE WESTERLY RIGHT-Of-WAY S:ICAIOrdinanceslDRllAmended 121002 DRI Amendment Motorola.doc Page 7 'i , 'I I I LINE OF THE LAKE WORTH DRAINAGE DISTRICT EOUALIZING CANAL E-4: THENCE , !FROM SAID POINT OF COMMENCEMENT. SOUTH 07 DEGREES 10 MINUTES 03 SECONDS EAST (B-EARINGS MENTIONED HEREIN ARE IN THE MERIDIAN OF SAID PLAT OF MOTOROLA AND ALL OTHER BEARINGS HEREIN ARE IN REFERENCE THERETO). ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID LAKE WORTH DRAINAGE DISTRICT EOUALIZING CANAL E-4. A DISTANCE OF 1176.29 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT. HAVING A RADIUS OF 398.00 FEET: THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE. CONTINUING ALONG SAID WESTERLY GHT-O LINE T RO NGLE OF 17 DEG 'IRI F-WAY . H UGH A CENTRAL A REES 25 MINUTES 38 I SECONDS. A DISTANCE OF 121.06 FEET TO THE POINT OF TANGENCY: THENCE SOUTH 10 DEGREES 15 MINUTES 35 SECONDS WEST. CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE. A DISTANCE OF 978.11 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT. HAVING A RADIUS OF 393,19 FEET: THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE. CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE. THROUGH A CENTRAL ANGLE OF 22 DEGREES 26 MINUTES 28 SECONDS. A DISTANCE OF 154.00 FEET TO A POINT OF TANGENCY: THENCE SOUTH 12 DEGREES 10 MINUTES 53 SECONDS EAST. CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE. A DISTANCE OF 72.61 FEET TO THE SOUTHEAST CORNER OF SAID PLAT OF MOTOROLA: THENCE SOUTH 88 DEGREES 55 MINUTES 53 SECONDS WEST. ALONG THE SOUTft LINE OF SAID PLAT OF MOTOROLA. ALSO BEING THE NORTH RIGHT-OF- WAY LINE OF THE BOYNTON CANAL C-16. AS RECORDED IN OFFICIAL RECORDS BOOK 3553. PAGE 982. PALM BEACH COUNTY. FLORIDA PUBLIC RECORDS. A DISTANCE OF 1478.02 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF- WAY LINE OF CONGRESS AVENUE. BEING THE EAST LINE OF THAT CERTAIN 10 FOOT WIDE STRIP OF LAND AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDmONAL RIGHT-OF-WAY DEDICATED BY SAID PLAT: THENCE NORTH 00 DEGREES 12 MINUTES 55 SECONDS WEST. ALONG SAID EASTERLY RIGHT-OF-WAY LINE. A DISTANCE OF 518.04 FEET: THENCE NORTH 04 DEGREES 21 MINUTES 02 SECONDS EAST. ALONG THE EASTERLY RIGHT-OF-WAY OF CONGRESS AVENUE. AS RECORDED IN OFFICIAL RECORDS BOOK 6654. PAGE 408. PALM BEACH COUNTY. FLORIDA PUBLIC RECORDS. A DISTANCE OF 130.08 FEET: THENCE NORTH 00 DEGREES 38 MINUTES 39 SECONDS EAST. CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE. A DISTANCE OF 250.40 FEET TO THE POINT OF BEGINNING: THENCE NORTH 00 DEGREES 38 MINUTES 39 SECONDS EAST. CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE. A DISTANCE OF 13.08 FEET: THENCE NORTH 25 DEGREES 55 MINUTES 15 MINUTES WEST. CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE. A DISTANCE OF 26.83 FEET: THENCE NORTH 00 DEGREES 38 MINUTES 39 SECONDS WEST. CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE. A DISTANCE OF 155.43 FEET: THENCE NORTH 00 DEGREES 24 MINUTES 18 SECONDS WEST. CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE. A DISTANCE OF 241.34 FEET TO AN INTERSECfION WITH THE EASTERLY RIGHT -OF-WAY LINE OF CONGRESS A VENUE. BEING THE EAST LINE OF THAT CERTAIN 10 FOOT WIDE STRIP OF LAND AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDITIONAL RIGHT-OF-WAY DEDICATED BY SAID PLAT: THENCE NORTH 01 DEGREES 44 MINUTES 21 SECONDS WEST. ALONG SAID EASTERLY RIGHT- OF-WAY LINE. A DISTANCE OF 408.01 FEET: THENCE NORTH 89 DEGREES 33 MINUTES 31 SECONDS EAST. A DISTANCE OF 150.11 FEET: THENCE SOUTH 01 DEGREES 44 I MINUTES 21 SECONDS WEST. A DISTANCE OF 298.39 FEET: THENCE SOUTH 28 , DEGREES 15 MINUTES 39 SECONDS EAST. A DISTANCE OF 138.72 FEET: THENCE I SOUTH 00 DEGREES 49 MINUTES 14 SECONDS EAST. A DISTANCE OF 420.90 FEET: THENCE SOUTH 89 DEGREES 33 MINUTES 31 SECONDS EAST. A DISTANCE OF 213.61 ! I FEET TO THE POINT OF BEGINNING: S:\CA\Ordlnances\DRllAmended 121002 DRI Amendment Motorola.doc Page 8 " 'I I I TOGETHER WITH ALL THAT PART OF THE PLAT OF MOTOROLA . INDUSTRIAL DEVELOPMENT. ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 43. PAGE 139 OF PALM BEACH COUNTY. FLORIDA PUBLIC RECORDS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: PARCEL 3 COMMENCING AT THE NORTHEAST CORNER OF SAID PLAT OF MOTOROLA. SAID POINT LYING 50.00 FEET SOUTH OF. AS MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF NW 22"" A VENUE AND LYING ON THE WESTERLY RIGHT -OF- WAY OF THE LAKE WORTH DRAINAGE DISTRICT EOUALIZING CANAL E-4: THENCE FROM A PLANNED [SAID POINT OF COMMENCEMENT. SOUTH 07 DEGREES 10 MINUTES 03 SECONDS EAST (BEARINGS MENTIONED HEREIN ARE IN THE MERIDIAN OF SAID PLAT OF MOTOROLA AND ALL OTHER BEARINGS HEREIN ARE IN REFERENCE THERETO). ALONG THE WESTERLY RIGHT-OF-WAY OF SAID LAKE WORTH DRAINAGE DISTRICT CANAL E-4. A DISTANCE OF 4.02 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT- OF-WAY LINE OF NW 22ND AVENUE BEING THE SOUTH LINE OF THAT CERTAIN 4.0 FOOT WIDE STRIP OF LAND AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDmONAL RIGHT-OF-WAY DEDICATED BY SAID PLAT: THENCE SOUTH 89 DEGREES 04 MINUTES 47 SECONDS WEST. ALONG SAID SOUTH RIGHT -OF-W A Y LINE. A DISTANCE OF 931.19 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE SOUTH 89 DEGREES 04 MINUTES 47 SECONDS WEST. ALONG SAID SOUTH RIGHT-OF- WAY LINE. A DISTANCE OF 471.99 FEET: THENCE SOUTH 45 DEGREES 24 MINUTES 34 SECONDS WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE. AS RECORDED IN OFFICIAL RECORDS BOOK 6654. PAGE 410. PALM BEACH COUNTY. FLORIDA PUBLIC RECORDS. A DISTANCE OF 55.26 FEET: THENCE SOUTH 01 DEGREES 44 MINUTES 21 SECONDS WEST. CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE. A DISTANCE OF 198.34 FEET: THENCE SOUTH 05 DEGREES 32 MINUTES 47 SECONDS WEST. CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE. A DISTANCE OF 240.97 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT- OF-WAY LINE OF CONGRESS AVENUE. BEING THE EAST LINE OF THAT CERTAIN 10 FOOT WIDE STRIP OF LAND AS SHOWN ON SAID PLAT OF MOTOROLA AS ADDmONAL RIGHT -OF-WAY DEDICATED BY SAID PLAT: THENCE SOUTH 01 DEGREES 44 MINUTES 21 SECONDS WEST. CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE. A DISTANCE OF 188.39 FEET: THENCE NORTH 89 DEGREES 33 MINUTES 31 SECONDS EAST. A DISTANCE OF 208.30 FEET: THENCE NORTH 00 DEGREES 26 MINUTES 29 SECONDS WEST. A DISTANCE OF 207.27 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT. HAVING A RADIUS OF 198.94 FEET: THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL ANGLE OF 85 DEGREES 32 MINUTES 37 SECONDS. A DISTANCE OF 297.03 FEET TO THE END OF SAID CURVE: THENCE NORTH 00 DEGREES 54 MINUTES 59 SECONDS WEST. A DISTANCE OF 19.95 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT. HAVING A RADIUS OF 87.00 FEET: THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL ANGLE OF 42 DEGREES 20 MINUTES 30 SECONDS. A DISTANCE OF 64.29 FEET TO THE POINT OF TANGENCY: THENCE NORTH 41 DEGREES 25 MINUTES 31 SECONDS EAST. A DISTANCE OF 119.55 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT. HAVING A RADIUS OF 288.00 FEET: THENCE NORTHERLY ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL ANGLE OF 22 I DEGREES 20 MINUTES 41 SECONDS. A DISTANCE OF 112.32 FEET TO THE POINT OF I BEGINNING. [I CONTAINING: 2164736.963 SOUARE FEET OF 49.695 ACRES. MORE OR LESS SUBJECT TO EASEMENTS. RESTRICTIONS. RESERVATIONS AND RIGHTS OF WAY OF I RECORD. S:ICAIOrdinanceslDRllAmended 121002 DRI Amendment Motorola.doc Page 9 ,I i Section 4. Except as provided herein, the Developer shaU proceed in strict accordance with aU ordinances of the city of Boynton Beach, including, but not limited to, its building, electrical, plumbing, subdivision, planning and zoning codes, and aU rules and regulations of the State of Florida Department of Environmental Protection. Section 5. That should any section or provision of this Ordinance or any portion thereof be declared by a Court of competent jurisdiction to be invalid, such decision shaU not affect the remainder of this Ordinance. Section 6. AU ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. This ordinance shaU become effective immediately upon its passage. FIRST READING this ~ day of 1)e<:.eMb~r ,2002. SECOND READING and FINAL PASSAGE this ~ day of ~,..... b~r , 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor I I ATTEST: . f) . . I il "'~ i Ci. . ~~ITO.\;~% ,. .~...... -? ~ I (< .....;;:r>o."--i.j.'.. ~ ~ 11;::0/(,,0 ~o\~~ -:).. :~ ': J:.- I -=..... i !:: II i ~J\~n~a~e~ 121002 DRI Amendment Motorola.doc I... .... .. s ~ .......... ~ ~ Page 10 I ....1'1', ;:-II)~\O ':\'~ /1 - \\\ j '//;,'/1;111\\\1\\\\ EXHIBIT "A" LEGAL DESCRIPTION: ALL OF TRACTS 94 THROUGH 107, SECTION 20, OF SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 7, PAGE 20, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, INCLUDING 30 FOOT STRIP LOCATED IN SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AND BOUNDED ON THE SOUTH BY BOYNTON CANAL AND ON THE NORTH BY TRACT 94, SECTION 20, OF THE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7. PAGE 20, PALM BEACH COUNTY RECORDS ALSO INCLUDING 30 FOOT STRIP SHOWN AS ROAD EASEMENT RUNNING FROM CANAL C-16 NORTH TO THE NORTH LINES OF LOTS 102 AND 107 EXTENDED OF SUBDIVISION OF SECTIONS 29 AND 20, RECORDED IN PLAT BOOK 7. PAGE 20 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING BETWEEN LOTS 96 TO 102 ON THE EAST AND LOTS 94. 95 AND 103 THROUGH 1 07 ON THE WEST IN SAID SUBDIVISION. ALSO. ALL LANDS, INCLUDING LAKE BOTTOM OF LAKE JACKSON AND LANDS DESIGNATED "SAND BEACH" OR "LOW MUCK" OR OTHERWISE LYING BETWEEN THE ABOVE DESCRIBED PROPERTY AND WEST OF THE RIGHT-OF-WAY OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4, EXCEPTING THAT PORTION OF TRACTS 94, 95, 103, 104, 105. 106, AND 107, SECTION 20. SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF. RECORDED IN PLAT BOOK 7, PAGE 20. PALM BEACH COUNTY PUBLIC RECORDS WHICH LIES WITHIN 50 FEET OF THE WEST LINE OF SAID SECTION 20. ALSO, ALL THAT PART OF THE SW Y. OF SECTION 17 AND THE NW Y. OF SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA LYING SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF NW 22NO AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1738, PAGE 1686 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND NORTH OF THE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, RECORDED IN PLAT BOOK 7. PAGE 20. HEREINABOVE DESCRIBED, AND EAST OF THE EASTERLY LINE OF RIGHT-OF-WAY OF CONGRESS AVENUE AND WEST OF THE WESTERLY LINE OF RIGHT-OF-WAY LINE OF THE WESTERLY LINE OF RIGHT-OF-WAY LINE OF THE LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4. EXCEPTING FROM ALL OF THE ABOVE DESCRIBED PROPERTY THE RIGHT-OF-WAY OF CONGRESS AVENUE, LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4 AND RIGHT-OF-WAY OF CANAL C-16 FORMERLY BOYNTON CANAL. S:\PIa.wI1Q\SHARED\WP\PAOJECTS\MotOtOIa ORl\ORl\CRIA 02. 002 Exhibit A.doc ITl LAND uSES Retail IS.lt ac. Industrial 10.3:: IX. Office 2~.O't ac. Multi FaT1ily 33.0~ ex. Total a7 4% ex. ~ o !)(ISTlNG Su:;NAUZED INTERSECTION !:XIST1NCi I"VU. ACeD5 POINT . PflOlI'09EO ~LL AC.CES5 F'QINT A PR0P'05!O RIQ.lT 1N/RIGl-lT OUT SujLd""'~ Multi-"'~IV SOO Du'. R8\0i1 r.3,!OO Mil. OF~ A!O,ooo "'l. Il'Idustrlat (~r.ou- ~) 12&,000 tOIl. Oltl.....WIt dally trl,. ~ . .... .-. SCAL!: t'. .... EXHIBIT "B" 13,020 till Gateway Boulevard I , l!)l'5T'1\lG 11'1lUC'l"'Jlltl!. !"CIlltll"''''H" (ll.2S0..".JI ~l!I~il 1.3:- Ac. \ ~ \ I: ' " \ " . " \ 1 \ I ':' '\ I ~ I , I Incfustl"ial/Olric:e 3Cl.3t A.c. D'1.TlNG .T'IItl.CT\JIltI! 1'0 ltB"WH ~ t-l I~ "-./ '"~ &~ .. Multi-Fanily 33,Qt AG. BOYNTON. CANAL C-l' I I rl I I I I Boynton T~E MOTOROLA DRI NOpe MASTER DEVELOPMENT PLAN Beach, Palm Beach County, Florida 1& ~, 2002 Cl'"l-l "'"'J':c. ...... 0S20l EXHIBIT "C" Conditions of Approval Project name: Motorola File number: DRIA 02-002 Reference: Revised 2nd review identified as Development of Regional Impact Amendment Master Plan with a November 5, 2002 Plannin!! & Zoninl! Department date stamp markin!!. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: To be determined. X UTll..ITIES Comments: 1. The Developer has agreed to furnish their own fire flow protection from an X on-site source for all fire-flows above the City requirement of 1500 gpm (@ 20 psi residual) demand. In the event the on-site source cannot be approved by the City or other regulatory agencies, an engineering evaluation of the additional impacts on the potable water system (as outlined in the next condition dealing with sanitary sewer demand/capacity) will be required for the demand/capacity of the potable water system as well. The on-site fire protection system from this private source may therefore not be interconnected with the City's potable water system. 2. The City recognizes prior vesting (for planning purposes) in the site of X 127,000 gallons per day (gpd) each for potable water and sanitary sewer demand. In consideration of the condition stated above, the developer shall fund an a nalysis, to be conducted by the City's engineers, evaluating the ability of the City's sanitary sewer conveyance system to properly accommodate the flows exceeding 127,000 gpd from this site. Funding of this study shall be escrowed with the City upon request and the furnishing of a written "not-to-exceed" cost estimate to the developer. Upon receipt of the requested amount, the City shall endeavor to complete the analysis within 120 days. In the event the analysis indicates that improvements are required to the City's conveyance system, the developer shall commence the design of said improvements upon requesting a total sewer commitment exceeding 102,000 gpd (i.e. 80% of the vested amount). The developer shall subsequently begin construction of the improvements after receiving C ity . approval of the design, (or furnish sufficient funding for the City to construct said improvements, at the City's option). The commencement of construction shall occur no later than the developer's request for a total sewer commitment exceeding 114,300 gpd (90% of the vested amount). The developer shall not be penalized or delayed by the City from constructing additional phases to the proiect i fhe satisfies a 11 conditions of the above Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT deadlines in a timely manner. 3. The developer shall be responsible for reserving purchasing all additional X water and sewer capacity, based upon the requirements as stated in the City's code, not heretofore purchased by the orior owners of the oroperty. FIRE Comments: 4. The site plan and master plan design documents shall adhere to Chapter 9 of X the Code of Ordinances of the City of Boynton Beach entitled "Fire Protection and Prevention." This ordinance adopts NFP A I, Fire Prevention Code, 2000 edition, and NFPA 101, Life Safety Code, 2000 edition. (these codes, as amended are identified as the Florida Fire Prevention Code) 5. Design documents shall demonstrate compliance with LOR Chapter 6, X Section 16, which provides requirements for hydrants. Hydrants in - commercial applications shall be no more than 300 ft. apart and the remotest part of any structure shall be no more than 200 ft. from a hydrant. Connections shall be to mains no less than 6 inches in diameter. In addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 llDm is reouired. POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: 6. The notice mentions 500 residential units to be added to the development. X These units would be subject to the Park and Recreation hnpact Fee based on the type of units involved. Single Family, detached = $940 ea Single Family, attached = $771 ea Multi-family = $656 ea ~ . , DEPARTMENTS INCLUDE REJECT 7. The fee is due 'at the time of the first applicable building permit. X 8. At time of site plan approval for any portion of the site included in the X NOPC Amendment #1 request, the applicant will work with the Parks & Recreation Department to provide a greenway I bikeway easement along the east and/or south sides of this property especially along the E-4 canal. FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 9. Pursuant to Chapter 380.06 (l9)(e) 5.a. and (19)(e) 5.c. the application for a X proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence. 10. The traffic study was submitted to Palm Beach County traffic engineering X for approval. Approval is required prior to the Chapter 380 F.S. Public . Hearing for the NOPC Amendment #1. . 11. Applicant must submit an Annual Report for the Motorola DR! by January X 1,2003. 12. The approval of NO PC #1 is contingent upon the approval of the Land Use X Amendment from Industrial to Local Retail Commercial and the Rezoning from Planned Industrial District (PID) to Community Commercial (C-3) for the 49.685 acre portion of the DR!. 13. A replat may be required to develop the site. This will be determined at time X of site plan approval. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. To be determined. X ADDmONAL CITY COMMISSION CONDmONS Comments: 1. To be determined. 2002 DO Page 1 of 1 Breese, Ed From: Glas-Castro, Kimberly [Kimberly.Glas-Castro@ruden.com] Sent: Tuesday, July 13, 2004 2:30 PM To: breeseE@ci.boynton-beach.fl.us Subject: 2002 DO In your cover letter, I would just say something like: Margaret-Ray Kemper, Esq., of Ruden McClosky, counsel for the master developer, reviewed the Department's DRI files for Motorola and did not find a copy of the amended development order. Based on her conversation with Department staff, we are providing a copy of the ordinance for your files and evidence that it had been rendered to the Department in January, 2003. Enclosed please find a certified copy of Ordinance 02-061, which amended the Motorola DR!. Kim Glas-Castro, AICP Certified Land Planner Ruden McClosky 222 Lakeview Avenue West Palm Beach, FL 33401 telephone: (561) 838-4542 in Broward: (954) 761-2926 fax: (561) 514-3442 kim.glascastro@ruden.com NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the in1ended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 954- 764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. 7/14/2004 Breese. Ed From: Sent: To: Subject: Glas-Castro, Kimberly [Kimberly.Glas-Castro@ruden.com] Wednesday, July 07,20042:11 PM breeseE@ci.boynton-beach.fl.us FW: Copy of Boynton Beach's rendering of Amended DO Need your help.. ..See below --~ I would attach a copy of your prior letter to show it had been rendered -----Original Message----- From: Kemper, Margaret-Ray Sent: Wednesday, July 07, 2004 1:52 PM To: Glas Castro, Kimberly Subject: RE: Copy of Boynton Beach's rendering of Amended DO The person at DCA responsible for DRI development orders and binding letters does not have a copy of the 2003 ordinance amending the Motorola Development Order. Probably, Bob Cambric to whom the City forwarded a copy of the ordinance, never routed it. At this point, my recommendation is to request the City to forward another certified copy of the ordinance to DCA attention Donna Harris. The ordinance will then be added to DCA's development order files for the Motorola DRI. I don't think we have to worry about DCAls 45 day appeal period but I would make sure the letter references the prior letter to cambric and indicates that it is rendering the DO to DCA a second time. -----Original Message----- From: Glas-Castro, Kimberly Sent: Tuesday, July 06, 2004 4:33 PM To: Kemper, Margaret-Ray Subject: Copy of Boynton Beach's rendering of Amended DO For 2002 Motorola aka Renaissance Commons NOPC -----Original Message----- From: YOU HAVE RECEIVED A FAX! ! ! Sent: Tuesday, June 29, 2004 7:25 AM To: Glas~Castro, Kimberly Subject: A new fax has arrived from 5617426259 (Part 1 of 1) on Channel 2 6/29/2004 7:21:36 AM Transmission Record Received from remote ID: 5617426259 Inbound user ID KKG, routing code 3442 Result: (0/352;0/0) Successful Send Page record: 1 - 10 Elapsed time: 02:56 on channel 2 Fax Images: [double-click on image to view pagels)] NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate 1