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O89-34 ORDZNANCE NO. 89- 5¥ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CONDITIONS OF APPROVAL OF THE ORIGINAL REZONING CONTAINED IN ORDINANCE NO. 87-8, TO MODIFY THE CONDITIONS OF APPROVAL CONTAINED THEREIN; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the City Commission of the City of Boynton Beach rezoned a certain parcel of land known as "The High Ridge Center" by adoption of Ordinance No. 87-8, which rezoned said parcel of land from R1AAA to M1, and WHEREAS, said Ordinance imposed certain conditions of approval upon said parcel concurrent with the rezoning, and WHEREAS, the applicant has requested that two of the conditions be modified from the original conditions established in Ordinance No. 87-8, and WHEREAS, public hearings have been held with regard to said modifications, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the conditions of approval of the rezoning of High Ridge Center contained in Ordinance No. 87-8 which rezoned said parcel from R1AAA to M Industrial, are hereby amended. Said~..new.~'~condi approval are hereby attached and incorporated by as Exhibit "A" to this Ordinance which inclu comments dated August 21, 1989. Section 2. That all ordinances or parts of ol in conflict herewith be and the same are hereby rep~ Section 3. Should any section or provision ordinance or portion hereof, any paragraph, sent word be declared by a court of competent jurisdictJ invalid, such decision shall not affect the rems this ordinance. 1, Light tions of :eference te staff 3dinances ~aled. of this ence, or .on to be inder of Section 4. This ordinance shall become immediately upon passage. FIRST READING this ~ day of ~~ 1989. SECOND, FINAL READING and PASSAGE this effective /?~ day of CITY Vice Mayor ATTEST: City Commissioner '4 --~omm~ssioner (Corporate Seal) TO: - FROM: RE: MEMORANDUM August 21, 1989 Chairman.and Members Planning and Zoning Board Carmen S. Annunziato Planning Director The High Ridge Center - Request For The Modification of Conditions Imposed Upon Rezoning to M-l, Light Industrial - File No. 28~ INTRODUCTION ~ Roy-'Barden, agent for Max Schorr, Trustee¥ is requesting that certain conditions that were imposed at the time of rezoning to M-l-in February, 1987 be deleted as follows: 1) Reduction of the 25 foot wide greenbelt along High Ridge Road from 25 feet to .10 feet. The greenbelt is a requirement of the Planned Industrial Development (PID) zoning district regulations. 2) Dedicate right-of-way and construct Industrial Way as an 80 foot wide collector from High Ridge Road to the western property boundary. This requirement is based on Article X, Section 10 of Appendix C, Subdivisions and Platting. 3) Construct Miner Road as a 108 foot wide arterial adjacent to the project's north frontage, This requirement is based on Article X, Section 19 of Appendix C, Subdivisions and Platting. The High Ridge Center is located at the southwest corner of High Ridge Road and Miner Road extended (see attached location map in Exhibit "A"). HISTORY AND BACKGROUND In September,.1985 the High Ridge Center was annexed into the city and placed in the R-iAAA, Single-Family .Residential, land use category. It was then the applicant's intent to seek a rezoning to allow for the development of the site as a Planned Industrial Development (PID), after seeking a variance from the Zoning Board of Adjustment for the minimum 25 acre land area requirement for a PID (the High Ridge Center has a land area of only 10.84 acres). The variance request was denied and the property was zoned M-1 instead of PID. For a further explanation of the history and background of this site, see attached copy of previous staff report for rezoning to M-1 in Exhibit "B". ISSUES/DISCUSSION Request for a 15 foot reduction of the 25 foot wide greenbelt along High Ridge Road to 10 feet. The applicant's justification for thi~ request is that the properties zoned M-1 on the opposite side of High Ridge Road (east side) require only a 5 foot wide landscape strip and, in addition, the applicant is proposing to set aside a larger open space area than that which would be required by the PID zoning district regulations (20%). However, the applicant does not specify the additional open space preserve area that is to be provided. ~t a minimum, the Comprehensive Plan Evaluation an~ Appraisal Report requires that 25% of the existing native habitat (sand pine) area on the site must be preserved. The staff has indicated that it would be acceptable to locate the sand pine preserve acreage within the 20% open space area2 Based on the above, it is recommended that this request be granted. Request to delete the requirement for the dedication and construction of Industrial Way as an 80 foot wide collector road from High Ridge Road to the western property boundary. The above requirement appears in Section 10 of Article X of the Subdivision and Platting Regulations and requires the extension of existing streets to serve adjoining areas that are not subdivided. This requirement was imposed upon the applicant for two reasons: 1) platting is a requirement of the PID zoning regulations which were imposed on the applicant; and 2) the applicant was proposing to subdivide the parcel to create four parcels and the division of a parcel into four or more smaller parcels is'defined as a subdivision in AppendiX C, Subdivisions and Platting. The applicant's justification for deleting this requirement is based on an analysis prepared by James R. Zook, P.E., President of Zook, Moore and Associates, Inc. (See copy of traffic analysis in Exhibit "C"). The traffic analysis of the road network in the vicinity indicates that the proposed deletion of Industrial Way will not'adversely affect the adjacent transportation network and, in fact, may slightly enhance it. In addition, the applicant has verbally indicated that it is likely that this p~operty will not be divided into four parcels as originally proposed, but into three or fewer parcels. Based on the above, it is recommended that this request be granted. In addition, if the applicant decides to divide this property into fewer than four parcels, platting will not be required. Request to delete the requirement for the construction of Miner Road as a 108 foot wide arterial adjacent to the project's north frontage. Section 10 of Article X of Appendix C, Subdivisions and Platting, requires the "incorporation and compatible development of present and future streets as shown on the official map adopted by the City Commission under the thoroughfare plan, when such present or future streets are affected by the proposed subdivision". Construction of Miner Road is also consistent with the following policies containe~ within the COmprehensive Plan Evaluation and Appraisal Report (Ordinance 86-54): "Require improvement of roadways to mitigate the impacts of developments, as a condition of approval of developments." (p. 171). "Construction of Miner Road between 1-95 and Military Trail may be required as a condition of the development of adjacent properties." (p. 1789. Construction of Miner Road between High Ridge Road and Congress Avenue: To be constructed as part of the development of residential property surrounding High Ridge Country Club and/or Boynton Beach Park of Commerce and/or through the use of road impact fees. (p. 186). Based on the above, it is recommended that the applicant be required to construct Miner Road adjacent to the property's north frontage if he decides to proceed prior to the County, as access is proposed onto this road. The developer should be granted credit toward payment of his road impact fee if he decides to proceed prior to the County. CONCLUSIONS/RECOMMENDATION The modifications requested by the applicant should be approved as requested, with the exception of the requirement to construct Miner Road adjacent to'the property's north frontage, as outlined under item No. 3 in the previous section. Carmen S. Annun~to JJG:cp LOCATION MAP THE HIGH RIDGE.. CENTER .o 118 .4OO. '8OO 114 .! MILES. 1 ~00 F[ET p~.,~ ~,',¢/~ ~ EXHIBIT A Site Oata Acres 2. EXHIBIT B MEMORANDUM 2 February 1987 TO: Chairman and Members Planning and Zoning Board FROM: RE: Carmen S. Annunziato Planning Director The High Ridge Center - Rezoning Application Summary: Roy Barden, agent for Max Schorr, Trustee, is requesting that a 10.84 acre parcel be rezoned from R-1AAA, Single-Family Residential, to M-I, Light Industrial. The Future Land Use Plan designation for this parcel is to remain unchanged (Industrial Commercial). The property as currently vacant and is heavily wooded, with sandpines occupying most of the property. The proposed use of the property is a small industrial/warehouse development to consist of a maximum of four parcels (see attached Master Plan). Current Zoning/Proposed Zoning (see attached location maD: Prior to annexation, the property was zoned RS, Single-Family Residential, in Paim Beach County. The RS zoning reflected the land use that was originally anticipated for the entire area. lying between the Miner Road corridor and the Boynton Canal; namely, low density residential. In September 1985, the City Council voted to approve the annexation of the subject property and the rezoning of the property to the City's R-1AAA zoning district. It was then the applicant's intent to seek a rezoning and Future Land Use Element Amendment to allow development of this site as a Planned Industrial Development. It was necessary for the applicant to annex under a residential land use and zoning category, as he was precluded from requesting an industrial land use classification and PID zoning because the minimum lot area for PID's is 25 acres, and unless the property was annexed, no relief could be granted to the minimum lot size requirement. On December 8, 1986 th~ Board of Adjustment met to consider the applicant's request for a variance to the minimum lot area for zoning to PID, at which time the request was denied. However, on December 16, 1986 the City Council proceeded to adopt an ordinance which amended the Land Use Element of the Comprehensive Plan, changing the future land use category on the subject parcel from Low Density Residential to Industrial, as the request was consistent with Comprehensive Plan policy for this area of the City. The change in land use ha~ provided the framework for the applicant to request a rezoning from R-1AAA, Single-Family Residential to M-l, Light Industrial. Surrounding Land Use and Zoning: The property to the east of the ~ubject parcel is in an M-1 Light Industrial zoning district, which is separated from the subject parcel by High Ridge Road. This M-1 district is currently being developed for warehouse and -light industrial uses. To the south of the subject parcel is a portion of the Quantum Park of Commerce, which is proposed for industrial uses. To the southwest and southeast is a vacant parcel lying partly in the City and partly in the unincorporated area. This parcel is presently zoned for single-family use, however, it is anticipated that it will eventually be placed in an industrial land use category and developed as a PID. The Evaluation and Appraisal Report, in~fact, recommends an industrial land use category for this parcel. Comprehensive Plan - Future Land Use MaD: The Future Land Use Plan shows this property to be under the ,,Industrial" category. Therefore, an amendment to the Future Land Use Plan would not be necessary. Comprehensive Plan - Text: The following Comprehensive Plan Policies are relevant to this application: Area 49 Unincorporated parcels at the southwest corner of Miner Road Extended and High Ridge Road. "This is an unincorporated enclave that should be annexed. These parcels should eventually be placed in the ,'Industrial" land use category and developed as Planned Industrial Developments, where the parcel size permits and should be developed in a manner similar to the adjacent Boynton Beach Park of Commerce." (P-II, 12/16/86 addendum) ,,Encourage the complete development of industrial land as industrial parks or concentrated industrial areas in order to maximize the linkage between complimentary industries". (P-39) "Ensure through site plan review procedures that maximum buffering to adjacent residential areas is provided." (P-39) ,'Recommend that vegetative screening be required between industrial developments and residential zoning districts." (P-9, 12/16/86 addendum). "As a minimum, 25 percent of all native plant communities which occur on a site (e.g. Pine Flatwoods, Sand Pine Scrub, Xeric Oak Forest, Hardwood Hammock, etc.) shall be preserVed." (P-6, 12/16/86 addendum) "Habitat shall be preserved with intact canopy, understory, and ground cover." (P-6, 12/16/86 addendum). ,,Discourage noncompatible development in scrub habitat". (P-6, 12/16/86 addendum) ,,Minimize development which would exacerbate surface and subsurface water quality". "The City should require the use of "best management practices" in new development in order to reduce pollution associated with non_point sources." "During land clearing and site preparation, wetting operations or other soil treatment techniques appropriate for controlling unconfined emissions, including seeding and mulching of disturbed areas, shall be undertaken and implemented by the developer." (P-8, I2/16/86 addendum) Issues:_ ordinance 86-10 requires that the Planning Department ~valuate land use amendment/rezoning requests with respect to the following issues: a. "Whether the proposed rezoning would be consistent with applicable comprehensive plan p61icies. The Planning Department shall also recommend limitations or .requirements which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The current Comprehensive Plan encourages the development of ,,concentrated industrial areas". The proposed development would function as an extension of the 540-acre Quantum park of Commerce and therefore would serve to create a concentrated industrial area. In order to prevent the ,,indiscriminate destruction of native vegetation", it is recommended that the developer preserve 20% of the site as a sand pine preserve, as the PID regulations require 20% of the site to be preserved as open space, which should be construed to mean open space which is above and beyond the landscaped ~reas which are required for parking lots. The Urban' Forester's memorandum, which is attached to this report, outlines the measures which will be necessary for preserving0 sand pines on site. In order to provide buffering between the proposed industrial development and future residential development to the north, a greenbelt with a width of'40 feet is recommended along the northern property line. This greenbelt is a requirement of the PID regulations. Along the eastern, southern, and western property lines, this greenbelt is required to be at least 25 feet wide and is also recommended for this project. In order to ,'Minimize development which would exacerbate surface and subsurface water quality" the follOwing conditions should be .imposed: · - Truck well drainage systems should be designed and i ntainedto include oil and grease receptors and open bottom sedimentation sumps as pollution retardant structures. Parking areas and roadways adjacent to truck wells should be designed to divert runoff to storage and exfiltration on-site prior to discharge into the surface wa~er management system. (2)' Prior to occupancy, each specific tenant or owner that uses, ~/-- handles, stores, or displays hazardous materials or generates hazardous waste should meet the following requirements: (a) The tenant or owner should construct an appropriate spill containment system which should .be designed to hold spilled ~azardous materials for cleanup and to prevent such materials from entering the storm water drainage system. In addition to a containment system, tenants or owners should develop an appropriate early warning system for hazardous materials and wastes. The tenant or owner should also submit to the City a hazardous materials response plan. These containment, monit°riPg' and response systems should be approved by the C%ty in accordance with the Environmental Review Permit procedure. (b) Generation and disposal, of hazardous waste effluents into the sanitary sewer system should be prohibited unless adequate pretreatment facilities are enants or owners generating such constructed by t . ~ =-~4~ties should be approved eatmen~ ~~ ' effluents. Pretr ..... .-.~th the Environmental Revlew by the City in accoraanu= -~ Permit procedure, and should comply with Chapter 26, Article IV. ,,Sewers" of the City of Boynton Beach code of ordinances. In order to minimize erosion and reduce blowing sand, clearing of building site should not commence prior to development of the in land clearing and site preparation, ~¥ . Furthermore, dur .g _ ~_: ..... ~or controlling blowing o~e. . r tecnn~q==o wettlng operations o~ o~e ' ~omented by the developer. sand should be under=akin and lm~ b. ,'Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection ,, of the public welfare. It is a policy of the Evaluation and Appraisal report that all of the property south of Mine:~ Road be placed in an ,,Industrial" land use category- This recommendation was based upon the fact that the M-1 zoning to the east of the subject parcel, and the establishment of the Quantum ~ark of Commerce to the south and west of the subject parcel, has established industrial development as the predominant land use in the area. c. "Whether changed or changing conditions make the proposed rezoning desirable." As stated in the paragraph above, the surrounding areas to the east, south and west are developing for industrial use. Therefore, development of th~ subject parcel for industrial use would be desirable, provided that it is developed as a high quality industrial park. d. "Whether the proposed rezoning would be compatible with - utility systems, roadways, and other public facilities." The following analysis assumes that the proposed devel?~ent would contain approximately 182,000 square fee~ of industrial/warehouse floor space, and would employ approximately 434 persons. By comparison, R-1AAA zoning on the subject parcel would allow for the construction of 32 single-family ~wellings, and would house approximately 100 persons. , The proposed industrial and warehouse uses would consume 4,000 to 8,000 gallons of water per day compared to 13,000 gallons per day if. the property were to be developed for single-family housing. Water is available from an existing water main in High Ridge Road. Sewage generated by the industrial and warehouse uses would range from 1,700 to 6,500 gallons per day, compared to 7,500 gallons per day for residential uses. A sewer connection is available from a manhole located on the eastern property line. The demand on utility systems would be less than or equal to that which would occur under the current zoning, and could be accomodated by the City's utility systems. Traffic generated by the proposed development would be approximately 1,000 trips per day, with 200 trips entering and' exiting in the evening peak hour. Development under R-iAAA zoning, by comparison, would generate 320~trips per day. The traffic generated by this project would not be substantial enough to warrant major improvements to the surrounding roadways. Roadway improvements which will be made in the vicinity as part of the Quantum Park of commerce will generally be adequate to serve the subject parcel. These roadway improvements include the 4-1aning of 22nd Avenue from Seacrest Boulevard to Congress Avenue and construction of left and right turn lanes at High Ridge Road and N.W. 22nd Avenue. The applicant should, however, be required to construct left turn lanes, northbound, at High Ridge Road and Industrial Way and High Ridge Road and Miner Road, and should also be required to construct Miner Road as an arterial, and Industrial Way as a collector, to the western limits of the parcel. Both of the roads which abut the proposed development are collector roads, therefore, access to these roads should be 5 limited, in order to maintain efficient flow. The Planning Department recommends that access to the proposed development be limited to two access points: (1) A driveway on Miner Road at the western boundary of the property; (2) An access point on High ter of the property, aligning with Ridge Road at the_ce~ =A~ ,..~ Collector road should be _. iai Way. An ~u ~u .... . Industr . _ ..... o th~~western edge of the pr~pe~y~a~l~l~o dedicate= aha o~zzu, u .... ~ access to the parcel wnzcn location, in oraer ~o pruv~=~ the west. The applicant could then provide a marginal access · . e north and south, which would serve all four road run, lng to~ d also be require9 to.~9¥ ~-=----~*~on lots. The appl~=~nt_~h~ cost of signalizing tnl~ znu=%?=~i , proportionate snare o% =~.~ anted, Furthermore, tneapplzcanu 'f an when a signal z~ ~arr. _==~.:1 ~i~htlof.way for Miner 1 d . ica~ea~u~~ ~ ~ . _ ich should be required t? 9eG~_.= _~ *he 108-foot rlght-of way wh ~:~ in order to obtain na~ ~'be required for Miner Roaa. the proposed rezoning would be compatible with e. ,,Whether the current and future use of adjacent and nearby properties, or would affect:the property values of adjacent and nearby properties-" If the property is developed as a high-quality industrial park, similar to the Quantum Park of Commerce, it could be anticipated that such development would be compatible with surrounding land uses. f. ,,Whether the'property is physically and economically developable under the existing zoning". It is arguable that the subject property, together with the 52-acre parcel which lies to the'west, could still be developed for low density housing, however, due to the M-1 zoning which lies to the east, and the industrial and office development which will occur to the south and west, the subject parcel can no longer be considered to be an appropriate location for residential uses. g, ,,Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole." Demand for warehouse and light manufacturing floorspace occurs at the regional level as opposed to the local level. The applicant' has submitted a market analysis, which indicates that there is a strong regional demand for warehouse and high-technology manufacturing space. Based upon the absorption rate which was projected for the QuantUUu park of Commerce~ it can be anticipated that build-out of the subject'property would take approximately seven years. h. ,,Whether there are adequate sites elsewhere in the City for the proposed use, allowed." in districts where such use is already~ 6 The Quantum Park of Commerce, Boynton Beach Distribution Center, and'High Ridge Commerce Park are all existing approved developments which contain 250 acres which are suitable for light industrial/warehouse development. There are also about 150 acres of 'vacant industrial property located in other areas of the City. The subject parcel should be considered, however, to be part of the cluster of light industrial and commercial developments centered around NW 22nd Avenue. This is the only part of the City where the opportunity exists for the development of large scale industrial/office development. By comparison, there are numerous sites elsewhere in the City, and particularly in the unincorporated area west of the City, where large-lot, single-family homes could be built. Conclusions/Recommendations: The most appropriate zoning for this property would be as a Planned Industrial Development, with uses similar to those which will be a~lowed in the adjacent Quantum Park of Commerce. However, gince the application to rezone to PID has been precluded by denial of the minimum lot area variance by the Board of Adjustment, it would be appropriate to rezone the subject parcel to M-l, Light Industrial, consistent with Comprehensive Plan.Policies which require the development of this property for light industrial land uses. As previously mentioned, the Land Use Element of the Comprehensive Plan has recently been amended to place this property in an ,'Industrial land use category. If the property is developed in accordance with staff comments, which include conformance with PID design standards, handling of hazardous materials, and limitations on access, development of this property would be compatible with surrounding land uses, including the Quantum Park of Commerce. Therefore, the Planning Department recommends that this rezoning request be approved, subject to the staff comments and recommendations contained in this memorandum which have been summarized below: STAFF RECOMMENDATIONS BASED ON EXPLICIT CODE REQUIREMENTS: 1. Provide buffering between the proposed light industrial development and future residential~devel°pment to the north, using a greenbelt with a width of 40 feet along the northern property line. This greenbelt is required by the PID regulations. Along the eastern, southern, and western property lines, this greenbelt is required to be at least 25 feet side (Sec. 7.H.17 of Appendix A, p. 1928). 2. Preserve 20% of the site as open space. The PID regulations require this open space, which should be construed to mean open space which is above and beyond the landscaped areas which are required for parking lots (Sec. 7.H.13 of Appendix A, P. 1928). 7 3. Once the open space areas has been established and delineated on the site plan, the area should be protected from any encroachment. This includes not allowing the area to be used for water drainage or on-site water retention. The developer should consider the location of this open space in the overall design of the project to assure that the area remains in its natural state. (Sec. 7.5-15 on p. 600 and Sec. 7.5-24 on p. 604). 4. submit an accurate and detailed tree survey showing the location of all Sand pine trees over 6" in diameter. Any groups of trees of smaller diameter can be shown on the survey as ,,clusters" of the tree species (Sec. 7.5-7., P. 597). 5. Construct Miner Road and Industrial Way to the western limits of the parcel. This requirement is based on Article X, Sec. l0 of Appendix C (P. 2137), which states: The proposed subdivision street layout shall be coordinated with the street system of the surrounding area and consideration shall be given to existing and planned streets, relation to topographio conditions, public convenience, safety, and their appropriate relation tO the proposed use of land to be served by such streets. The arrangement of streets in new..subdivisions shall provide for the continuation of existing streets in areas not subdivided, and the arrangement of streets in new subdivisions shall provide for the proper projection of streets. When a new subdivision adjoins unsubdivided land, then the new street, where necessary, shall be carried to the boundary of the tract proposed to be subdivided to promote reasonable development of adjacent lands and provide continuity of street systems. (6) Construct Miner Road as an arlterial, and Industrial Way as a collector,' with a i08-foot wide right-of-way ~for Miner Road and an 80 foot wide right-of-way for Industrial Way. (Article X, Sec. 19 of Appendix C, 2147). (7) Dedicate additional right-of-way for Miner Road, in order to obtain half of the 108-foot right-of-way which will be required for Miner Road (required by Article X, Sec. 10 of Appendix C (p. 2137) in the subdivision Regulations, and required by the Thoroughfare Plan, on page 65 of the Comprehensive Plan, which is adopted by Sec. 19-7 of the code of ordinances)- (8) Limit access to the site to two points: (a) A driveway on Miner Road at the western boundary of the property. (b) An access point on High Ridge Road at the center of the property, aligning with industrial Way. The applicant could then provide a marginal access road running to the north and south, which would serve all four lots. 8 The requirements listed under (8) above are necessary to conform to Article X, Section 1, of Appendix C (p. 2130) which states that "The subdivision shall be designed to accomplish access to the lots by the use of local streets...Where access is desired along collector or arterial streets, it shall be provided by means of a marginal access road". (9) Make the folloWing improvements to the intersections of High Ridge Road and Industrial Way and High Ridge Road and Miner Road: (a) Construct a left turn lane, northbound, at High Ridge Road and Industrial Way. (b) pay a proportionate share of the cost of signalizing this intersection, if and when a signal is warranted. (c) Contract a left-turn lane, northbound, at High Ridge Road and Miner Road. The requirements listed under (9) aboye are necessary in order to "provide for safe and efficient movement within the City" (page 7 of Comprehensive plan), and are required by Article X, Sec. 12 of Appendix C (p. 2128), and Article X, Sec. 161 of Appendix C (p. 2129). STAFF RECOMMENDATIONS WHICH ARE BASED ON PERFORMANCE STANDARDS CONTAINED IN ZONING REGULATIONS AND COMPREHENSIVE PLAN POLICIES. (10) In order to minimize conta~mination of surface and subsurface water the following conditions should be imposed: (a) Truck well drainage systems should be designed and maintained to include oil and grease receptors and open bottom sedimentation sumps as pollution retardant structures. Parking areas and roadways adjacent to truck wells should be.designed to divert runoff to storage and exfiltration on-site prior to discharge into the surface water management system. (b) Prior to occupancy, each specific tenant or owner that uses, handles, stores, or displays hazardous materials or generates hazardous waste should meet the following requirements: (c) The tenant or owner should construct an appropriate spill containment system which should be designed to hold spilled hazardous materials for cleanup and to prevent such materials from entering the storm water drainage system. In addition to a containment system, tenants or owners should develop an appropriate early warning system'for hazardous materials and wastes. The tenant or owner should also submit to the City a hazardous materials response plan. These containments, monitoring, and response systems should 9 (11) be approved by t~e City in accordance with the Environmental Review Permit Procedure. · dis osal of hazardous waste effluents d) Generation and P ...... ~,,~ be ~rohibited unless into the san~tar~_~e~~e~-cons%ructed by tenants adequate.pretreaumen~ aa or owners generating such effluents. Pretzeatment facilities should be approved by the City in accordance with the Environmental Review Permit procedure, and should comply with Chapter 26, Article I~. "Sewers" of the City of Boynton Beach Code of ordinances. The· requirements listed under (10) above to serve ,,Minimize development which would exacerbate surface andsubsurface water quality" (P. 6 of Comprehensive Plan), and are necessary in order to implement 'Best management practices'.-.in new development in order to reduce pollution associated with non-point sources" (P. 28 of Comprehensive Plan). Also, Sec. 4.N.5. of Appendix A prohibits toxic or noxious matter which would ,,...-contaminate any public waters or any groundwater" (P' 1902.1).~, In order to minimize erosion and reduce blowing sand' (a) Clearing of building site should not commence prior to development of the site. (b) During land clearing and site preparation, wetting operations or other techniques for controlling blowing sand should be undertaken and implemented by the developer. The requirements listed under (ll) above serve to "Minimize and mitigate erosion" (P. 34 of Comprehensive Plan), and are necessary to meet Sec. 4.N.3. of Appendix A, which prohibits "the emission of smoke, dust, dirt, or other particulate matter which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or beyond the property lines of the property on which the use is located" (P. 1902.1). STAFF RECOMMENDATIONS WHICH ARE BASED ON COMPREHENSIVE PLAN POLICIES: (12) From the tree survey, that area where the largest and most viable sand Pine trees exist should be designated as the 20% open space area. This area can either be one 2 acre site or two 1 acre sites, but no more than two sites used to meet this requirement. (13) As a minimum, 25 percent of all native plant communities which occur on a site (e.g. Pine Flatwoods, sand Pine Scrub, Xeric Oak Forest, Hardwood Hammock, etc.) shall be preserved. 10 EXHIBIT C (It is zecommended that this preservation primarily occur in the 20% open space area as outlined in No. 12 above, or within the parking lot landscaping, if necessary.) The requirements listed under (12) and (13) above, serve to ,,Eliminate the indiscriminate.destruction of the native vegetation" (page 6 of Comprehensive Plan) and page 6 of the 12/16/86 addendum to the Comprehensive Plan Evaluation and Appraisal Report. /bks cc:- City Manager Technical Review Board Roy Barden Central File CARMEN S. ANNU~IATO 1! t ZOOK, MOORE AND ASSOCIATES, INC. ENG[NEERSIPLANNERS 901 Northpoint Parkway, Suite 200 Mr. James Golden, Planner City of Boynton Beach Planning Department P.O. Box 310 Boynton Beach, FL 33425 West Palm Beach, Florida 33407 June 20, 1989 4219T.00 407 683-4017 ...:~ .~,,~.- .,,-, \ The High Ridge Center Traffic Impagt Statement Dear Mr. Golden: We have analyzed the impact that the proposed deletion of Industrial Way will have on High Ridge Center as well as the adjacent property to the west. The deletion of Industrial Way will require that the adjacent property have access via NW22nd Avenue and Miner Road. NW 22nd Avenue cflrrently exists and will be widened to six lanes in the future. Right-of-way acquisition is scheduled for completion in September of this year with the construction of Miner Road to begin in December. (Please see attached Palm Beach County Road Program.) This direct access onto two arterials as opposed to access via Industrial Way will actually improve traffic operations in the area in that traffic from the adjacent property need - not travel High Ridge Road to access NW 22nd Avenue or Miner Road. In addition, internal circulation for the High Ridge Center and the adjacent property will also improve with the removal of Industrial Way. Based on a review of the Boynton Beach Park of Commerce D.R.I., the WPBUATS update, the anticipated light industrial use of the adjacent property and an overview of the transportation network in the area, the proposed deletion of Industrial Way will not adversely effect the adjacent transportation network. In fact, it will slightly enhance the adjacent roadway network. Very truly yours, ZOOK, MOORE AND ASSOC. IATES, INC. J ~'~mes R. Zook, P.E. / //' lq reside nt / a '"/ {._..Br6ject 'l~°nnaa;.ed;°n' P.E. JRZIJMD/bds Enclosure City o't~ Boynton Beat:la, Florida F'l. ann"ing and Zoning Board This application must be filled out completely and accurately and (2 submitted,.-together w~th the materials listed in Section II below, in two ) copies to the Planning Department- Incomplet-e applications will not be processed- Please Print Legibly' or Type all information. Project Name: Type of Application (check one) a. Rezoning only b. land Use ..~-m~endment only .. c. ~and Use Amendment- and Rezonin-~~~n~ ............. g. x~_~~,~ (~~'¢iz)~) Department): # artment 1-.86 Applicant-~s Name (person or business entity in whose name this application is made): - / · ~,~°*~ ~.~-~'/¢-~¢-~ ........ =33¢ ~ ~'~'~~-~ _~_~ Fr~ O_~_~-~&~-/.-~-¢~/~=-~' page 1 !g. Proposed Zoning District: ~tl~_~_. 15. Proposed Land Use Category: 17. Deyeloper or Builder: 18. Architect: 19. Landquape_~ Architect: 20. Site Planner: 21. Civil Engineer: 22. Traffic Engineer: 23. Surveyor: II. MATERIALS TO BE SUBMITTED WITH APPLICATION The following materials shall be submitted, in two (2) copies. (check) This application form. , A copy of the last recorded warranty deed.. ~c. The following documents and letters of consent: _~(1) If the property is under joint or several ownership: 'A written consent to the application by all owners of record~ and ( _~2) If the applicant is a contract purchaser: A copy o~ the purchase contract and written consent of the owner and seller~ and'.~' 3) If the applicant is represented by an authorized agent: A copy -'7'~ of the agency agreement, or written consent of the applicant, and 4) If the applicant is a lessee: A copy of the lease agreement~ ,/.., Planning Department 1-86 page 3 Number Property Owner's (or Trustee's) Name; Tel ephone Numb er: Correspondence Address (if different than apo!leant or- a. gent):* * This is the address to which all agendas, letters, and other materials will be mailed. 10. What is the applicant's interest in the subject parcel? (Owner, Buyer, Lessee, Builder, Developer, Contract Purchaser, etc.) __. Street Address or Location of ,Subject Parcel: - -- - 11. Area of Subject Parcel (to the nearest hundredth (1/letO) of an acre)-~ - Planoing Department 1-86 page 2 NOTICE OF PUBLIC ttEAR[NG · NO'TICE IS IiEREB%r GIVEN tha~ thp Plar~ning r,, Zonit~.c~ Board of the CI'P¥ OF BOYNTON BEACII, FI,ORIDA, will ccmctuct a PUBLIC [IEARING at 7:30 P.M. on Tuesday, Sepl'arnber 1.2, 1.9fl9, at' City llall Comminnion Chamber.q, 100 East Boyntr'm Beach Bird, Boynton neaeh, Flori~ta to consider a reque.qt for a t,~ASTER PI,AN (CONDITIONS) AHENDMENT covering the parcel of land described as follows: LEGAL DESCRIPTION .' A parcel of land in Government Lot l, Section 17, Township 45 South, Range 43 East, County of Palm Beach, State of Florida, more particularly described as follows; Beginning at the Northeast corner of Section 17, Township 45 South, Range 43 East; (Beginning point also being the Nort]~east corner of Government Lot l); thence running South 01"21'38" East, along the East line of said Section 17 and Government Lot 1, a distance of 1311.].0 feet to a point on the North cor- poration line of Boynton Beach (as referred to in Official Record Book 1804, page 225), thence running South 88"38'41'' West, ~along said North corporation line a distance of 413.43 feet to a point; thence running North 00"12'57" West, a distance of 1310.76 feet to a point on the North line of said Section 17 and Government Lot 1; thence running North 88~33'21'' East, along said North line, a distance of 387.04 feet to the point of beginning, less the East ~0,.,00 feet thereof and containing 10.841 acres more or less. OWNER Max Schorr, Trustee AGENT .' Roy Barden PROJECT NAME: The High Ridge Center PROPOSED USE: Light Industrial Development LOCATION: REQUEST: Southwest corner tIigh Ridge Road and Miner Road Extension MODIFICATION of the following conditions imposed by the City Commission for approval of zoning to M-1. Zoning will remain M-1. Twenty-five foot landscape buffer along eastern property line. 25' of buffer on the south and western property lines will be provided. Request a 15' reduction of this required 25' buffer on the eastern Property line. Requirement of dedication of right-of-way and construction of Miner Road and Industrial Way to the western line of the property· The owners have previously dedicated 54 feet of land on the North for Miner Road. Also, Palm Beach County will construct all of Miner Road. Request amendment of and deletion of those conditions which relate to Industrial Way right-of-way/construction, as well as Miner Road construction. ALSO A PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on the above request on Tuesday, September 19, 1989 at 6:30 P.M. or as soon thereafter as the agenda permits. Ail interested parties are notified to appenr at said hearings in per- son or by attorney and be heard. Any person who decides to appeal any decision of the Planning & Zoning Board or City Commission wit]] respect to any matter considered at these me,tings will need a record of the proceedings and for such purpose may need to ensure that a ver- batim record of the proceedings |s made, which-record includes the testimony and evidence upon which the appeal is to be based. mas PUBLISH: BE'I."YY S. BORONI CI'PY CLERK CITY OF BOYNTON BEACH THE POST August 27 & September 3, 1989 L day of August' ~i. D. 39 7 ~_ ~ade-this 27th _ JOHN N. BLOW, also known as JOHN NICHOLS BLOW, and ELIZABETH H. ~LOW, his wife of the Co~Ln~y of Du~al ~ ~he S~a~e of' Florida par~ o/~h~ ~rs~ par~, and ~' SCHO~, TRUSTEE Of ~ Co76~ of Pa~ Beach ~. ~ ~ o/ Florida p~r~Fof~;~e 3eco~gN~r~,wkose mailing address is: 250 Royal Pa~ Way, Palm 5each, F1Drid~ 33480 l~is heirs and assigns forever, ~he follou;in~ described land, si~ate Zy~n_~ and bein~ ~k~ Co~n~y Of Pa~ Beach , Stage o~ .Florae,,. go A parcel of land in Gover~ent Lot 1, Section 17, To--ship 45 South, Range 43 East, County .of Palm Beach, State of Florida, more part- icularly described as follows: Beginning at the Northeast corne~ of Section !7, To--ship 45 Sout Range 43 East; (beginning point also being the northeast corner of Gover~ent Lot 1); 'thence running South 01~21'38'' East, along the East line of said Section 17.. and Government Lot 1, a distance of 1311.10 feet to a point on the north corporation line of Boynton Beach (as referred to' in Official Record Book 1804, page 225)', thenc~ running South 88~38'41 West, along said Nor'th corporation line a distance of 413.43' feet to a point;, thence running North 00~2'57'' ~ West, a distance of 1310.76 feet to a point ~n the North line of Section-17 and Gover~ent Lot 1; thence running North 88~33'21" East, 'albng said Nort~ line, a distance of 387.04 feet to the Point of Beginning. SUBJECT' TO restrictions, reservations and easements of record and taxes for the year. 1979 and subsequent years; ~nd w~ll defend the s~m~ ~s~ ~ ~wf~l c~ms of ~ll persons w~-omsoever, t~ ' ~nnnlg nf D~ ] '= .... 3 ~t~rrhg ~,rlifg Tha* o~ thgs day p'erso~ally ap])~ed--~re me;'a o~cer duly a~horgzed to adml~gster oaths '~nd take ackn.ou,led~me~ts; ' JOHN N. BLON also kno~ as GO~ NICHOLS-BZO~, ana ZLT~ ~. to me well know~ a~d know~ to me to be ~he individz, akacknowled~eddescribedbeforei~ ar~dme · ~ec~tzd the foregoin~ deed, and ~hey. the ex c~ted gke same freely and vol~,targly fo,~tg fi~pose[.gherei~ expresS--. ~tI~ my ha;rd and offi. cml seat ag Jacksonvxlle ..... ~y Com~ssgo~ Expgre , ~./g$~ f/Tk~/~:d.,J,.'(." ~4~ Clerk OFF REC 3126 PC 1402 "" :,: .... "'