O84-50ORDINANCE NO. ~__~
AN OP~INANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
ORDINANCE NO. 80-19 OF SAID CITY BY
REZONING SEVERAL PARCELS OF LAND WITHIN
THE CITY OF BOYNTON BEACH, FLORIDA, FROM
R-3 (MULTIPLE-FAMILY DWELLING DISTRICT),
R-1AA (SINGLE-FAMILY RESIDENTIAL DISTRICT),
REC (RECREATION DISTRICT), AND R-1AAA
(SINGLE-FAMILY RESIDENTIAL DISTRICT), ALL
TO PID (PLANNED INDUSTRIAL DEVELOPMENT
DISTRICT), SAID PARCELS BEING MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
THE REVISED ZONING MAP ACCORDINGLY; PROVIDING
A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, The City Council of the City of Boynton Beach,
Florida, has heretofore adopted Ordinance No. 80-19, in which a
Revised Zoning Map was adopted for said City; and
WHEREAS, Wade Riley, as Agent for the Riteco Development
Corporation, has heretofore filed a Petition with the City of
Boynton Beach, Florida, pursuant to Section 9 of Appendix A-Zonin
of the Code of Ordinances, City of Boynton Beach, Florida, for
the purpose of rezoning certain parcels of land consisting of
approximately 495.78 acres, located within the municipal limits
of said City, said property being more particularly described
hereinafter, from R-3 (Multiple-Family Dwelling District), R-1AA
(Single-Family Residential District), REC (Recreation District),
and R-1AAA (Single-Family Residential District), all to PID
(Planned Industrial Development District); and
WHEREAS, the Planning and Zoning Board of the City of
Boynton Beach, Florida, has heretofore recommended approval of
said rezoning request; and
WHEREAS, the City Council deems it in the best interests
of the inhabitants of the City to amend the aforesaid Revised
Zoning Map as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: That the following described land, located
in the City of Boynton Beach, Florida, to-wit:
See attached Exhibit "A"
be and the same is hereby rezoned from R-3 (Multiple-Family
Dwelling District) to PID (Planned Industrial Development District
Section 2: That the following described land, located
in the City of Boynton Beach, Florida, to-wit:
See attached Exhibit "B"
be and the same is hereby rezoned from R-1AA (Single-Family
Residential District) to PID (Planned Industrial Development
District).
Section 3: That the following described land, located
in the City of Boynton Beach, Florida, to-wit:
See attached Exhibit "C"
be and the same is hereby rezoned from REC (Recreation District)
to PID (Planned Industrial DeveloPment District).
Section 4: That the following described land, located
in the City of Boynton Beach, Florida, to-wit:
PARCEL ~8 (TRACT "J")
That Parcel of land being the South
one-half (S½) of Government Lot 1, of
Section 17, Township 45 South, Range
43 East, Palm Beach County, Florida,
as indicated in the Plat of General
Land Office Survey in 1845 and 1872,
Said Parcel contains 14.787 acres,
more or less.
be and the same is hereby rezoned from R-1AAA (Single-Family
Residential District) to PID (Planned Industrial Development
District).
Section 5: That the application of Wade Riley, as
Agent for Riteco Development Corporation, for rezoning of the
subject parcels is hereby granted for the purpose of permitting
the development of said land as a Planned Industrial Development
District (PID), in specific accordance with the Development of
Regional Impact Development Order, as set forth in an Ordinance
being passed simultaneously herewith. Said development shall
further specifically prOceed in accordance with the development
plans and specifications therefor now on file with the Office
of the City Planner in the City of Boynton Beach, Florida, and
all requirements, terms and conditions established and set forth
in the minutes of the Planning and Zoning Board and the City
Council of the City of Boynton Beach pertaining to the review
and approval of said application, which minutes are hereby
made a part hereof for reference,and staff comments are attached
hereto as Exhibit "D".
Except as provided herein, the Applicant shall proceed
in strict accordance with all Ordinances of the City of Boynton
Beach, including but not limited to, its building, electrical,
plumbing, subdivision, planning and zoning codes, and all rules
and regulations of the State of Florida, Department of Environ-
mental Regulation.
Section 6: The aforesaid Revized Zoning Map of the
City of Boynton Beach shall be amended accordingly.
Section 7: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 8: 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 shall not
affect the remainder of this Ordinance.
Section 9: This Ordinance shall become effective
immediately upon passage.
FIRST lEADING this ~ day of ~~~_~- ,
198~.
SECOND
(Seal)
READING AND FINAL PASSAGE this
, 198,~.
/~ day of
ATTEST:
THE CITY OF BOYNTON BEACH, FLORIDA
MAYOR $Pf - -
CQ~NCIL MgM~ ' - / - -
/
e
LI~A5 DESCRIPTION:
PARCEL 81 (TRACT "C")
A Tract of land lying partiallY in Section 17, Township 4~ South, Range 43 East,
Palm Beach County,.Flortda, said Tract being more particularly described as follows:
-- Commencing at the Southwest corner of said Section 17; thence North 1° 44' 39" East
along the West line of Section 17, a distance of 1318.10 feet to a point in the
intersection with the centerline of..N.W. 22nd Avenue, as recorded in O.R2 Book 1738,
Page 1686 of the Public Records of .Palm Beach, Countyi Florida; thence with a bearing
of North 89° 04' 32" East, ~long the centerline of N.W. 22nd Avenue, a distance of
778,37 feet to the Point of Beginning; thence North 1° 44' 39" East, ~ distance of
1247.00fee:to the South right of way line of LJW.D,D. Lateral 21; thence North 89°
08' 49" East, along the South right of way line o¢ L.W.D.D. Lateral 21, as recorded
in O.R. Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, a
distance of 635.93 feet on the centerline of the L.W.D.D. Equalizing Canal E-4, as
recorded in O.R. Book 1732, Page 612 of the Public RecOrds of Palm Beach County,
Florida; thence South 35, 36' 23" East, for 136.38 feet; thence East for 933.51
feet to a point on a curve concave, to the Northeast, said point bearing North 83°
11' 02" West from the radius point of said curve; :thence Southeasterly along the
arc of said curve, having a radius of 600.OD feet,: and a central angle of 36° 37'
39"-for 383.56 feet to a point of tangency; thence South 29° 48' 40'.' East for
621.95 feet to a point on the centerl!ne of N.W. 22nd Avenue as recorded in 0.i~_
Book 1738, Page 1686 of the Public Records of Palm Beach County, Florida, said
point lying on a curve concave to the Northwest and bearing South 29° 48' 40" East,
from the radius point of said curve; thence along said centeriine of N.W. 22nd ..
Avenue for the foil. owing two {2) courses; {1) thence Southwesterly along the arc
of said curve, having a radius of 1626.44 feet and a central angle of 28° 53' ]2"
for 820.00 feet to a point of tangency;' (2) thence South 89° 04' 32" West for a
distance of 1288.80 feet more or less to the Point of Beginning. Said Tract con-
tains 48.627 acres more or less and is subject to easements and rights of way of
record. ,
PARCEL ~2 (TRACT "E")
A TraCt of land lying in the E~st 1/2 of Section ~7, Township 45 South, Range
43 East, Palm Beach County, Florida, more particularly described as follows:
Begin at the Southeast corner of said Section ]7; thence S 89° 00' ]9" W along
the 5outh line of said Section ]7 for 462.73 feet to a point on a curve that
is concave to the Northwest, said point bearing S 69° ]7' 26" W from the radius
point of said curve; thence Northeasterly along the arc of said curve, having
a radius of 550.00 feet and a central angle of 21° 20' 34" for 204.86 feet to a
point of tangency; thence I( 0° 38' OD" W.along a line that is 425.00 feet West and
parallel to the East line of said Section 17, for 744,91 feet to a point of _.
curvature to a curve that is concave to the 'Southwest; thence along the arc of
said curve, having a radius of 650.00 feet and a central angle of 32° 41' 57" for
370.96 feet to a point of tangency; thence.It 33° 19~;:;,57~,'~ :W.for 547.54 feet;
thence N 13° 53' 12" E for 916.91 feet to a point on~h~e~'~ntertine of N.W. 22
Avenue as recorded in Official Records Book 1738 at Page 1686 of the Public ~ecords
of Palm Beach, County, Florida,- said point being on a curve that is concave to the
Southeast and bearing N 8o 32' 53" W from the radius point of said curve; thence
Northeasterly along the arc of said curve, having a radius of 1637.02 feet and
a central angle of lO° 19' 21" for 294.93 feet to a point of tangency; thence
S 88o 13' 32" E along said centerline for 300.00 feet to a point; thence S 0°
38' 00" E along the East line of said Section 17 for 22.69 feet to the East 1/4
corner of said Section 17; thence continue S 0° 38' OD E along said East line
of Section 17 for 2620.55 feet. to the Point of Beginning. Said Tract of land
cnntain~ _~ ~R llrr~c mnrm ~ le_~_
A Tract of land lying in the NE 1/4 of Section 20, Township 45 South, Range
4~ East, Palm Beach County, Florida, more particularly described as i:ollows:
Begin at the Northeast corner of said Section 20; thence S 0° 49' 21" E along
the East line of said Section 2D for 1454.B6 feet;, thence N 88o 50' 0~" W for
395.24 feet; thence N 0° 49' 21" W along a line that is 395.00 feet West and
parallel to the said East line of Section 20 for 959.52 feet; thence Ii 60° 24'
39" W for 294.91 feet; thence N 29° 35~ 21" E for 294.97 feet to a point of
curvature to a curve that is concave to the-'Northwest; thence along the arc
of said curve, having a radius of 550.00 fe6t and a central angle of 8° 52' 47"
for 85;24 feet to a point on said curve; thence N 89° 00' 19" E along the North
line of said Section 20 for 462.73 feet to the Point of Beqinning. Said Tract
of land contains 14.76 Acres more or less.
PARCEL ~3 (TRACT 'F")
PARCEL 94 (TRACT "D")
A Tract of land lying partially in both Sections.. 17 and 20, ~[ownship 45 South,
.... Range 43 East, Palm Beach County, Florida, more particularly described ms
,lows: Commence at the center' of .said Section 17; thence North 89° 08'
East along the North line of the South 1/2 of-said-Section 17 for i1187_.0] feet
to the Point of Beginning of said lract of land; thence South 33~ 19' 57" E~st
: for 249jr89~feet ~'to a point,on the centerl~ne of'N.W.~ 22nd Avenue as recorded in
Official Records Book 1738 at Page 1686 of the Public Records of Palm Be~ch
-County, Florida, said point being on a curve concave to the Southeast, ~nd bear-
'lng North 3Z° 5Z' 04" West from the radius point of said curve; thence along the
~ said center]ina of N.W. Z2nd Avenue for following two (2) courses; (1) thence
Southwesterly along the arc of said curve, having a radius of-1637.02 feet and
central angle of 10° 21' ~8" for ~95.94 feet to a point of tendency; (~) thence
South 46° ~6' 28" ~es~ for 57].20 feet; thence South 43° ]3' 32" East for
~ feet to a point on a curve that is concave to the 5outhwes~ and bearing ~orth
46' ~" East from the radius point of sBid curve; ~hence 5outh~as%er]3 along.
arc of s~id curve, h~ving a radius~f tdOi00 feet -~d ~ cehtKa] ~ngle of 21~'~
-'-~24" f6~ 68.8Z fe~f~o a point Of reverse curvature_~o a_Curye ~ha~..~i_s concave
. the -Northeaq~-th%~ aq_o~the arc of sBi d curve, _having p~tadius .0f.150,003
and a central angle of 48° 12' 22" for 126.20 feet to a point of compound cuba-
tufa to a-curve that is concave to the Northwest; thence along the arc of said
curve, having.9_r~dius of 250.00 feet and a central angle of 70~ 23' 35"
~07O~a~k~~O'i-nt-~~~vature to a curve ~hat is concave'to the -.
~o~ea~; ~enc~'ong~he~f-said curve, having a radius of 280.00 feet
- '-and a--~h-t~~~of-77~~Gffor 378.55 feet to~ ~oint on said curw;
..... thence South 33~ 19' 57" East for 626.64 feet to a point of curvature to a. cu~e
that ~s concave to the Southwest; thence ~]ong the arc of said curve, having a
radius of 650.00 feet and a central angle, of 32~ 41' 57" ~or 370.96 feet to
point of tendency; thence 5o~ 0~ 38' OD" ;East along a line that' is 425.00 feet
Nest and parallel to the East line of said Section 17 for 744.9t feat to a poigt
of curvature to a curve that is concave t° the NorthQest; thence along the ara of
~ said c6rve, having a radius of 550.00 feet .and a centr~ angle of 21° 20' 34" for
204.86 feet to a point on said curve; thehce South 89~ Ob~ t9" West for t97.75
·eet; thence South 0° 51' 05" East for 1429.97 feet; thence North 88° 50' 04"
-West for 2957.10 feet; thence North 5~ 18' 14" West for 153.13 feet to a point
of curvature to a curve that is concave to the Southeast; thence along the center-
line of the Lake Worth Drainage District' Equalizing Canal 5-4, as recorded
Official Records Book 1732 at Page 612 of the Public Records~ of Palm Beach County,
Florida for the following four (~) courses; (1) thenCe~ y along the last
described curve, having a radius of 450.00 feet and a central angle of 15~
for 122.62 feet to a point of tendency; (2) thence North t0' i8' 30" East for
988.60 feet to a point of curvature to a curve that is concave to the ~est; (3)
~ thence along the arc of said curve, having a radius of 450.00 feet and a central
angle of 18° 20' OD" for 143.99 feet to a point of tendency; (4) thence North 8°
01' 30" West for 1255.14 feet; thence along the centerline of said N.W. 22nd Avenue
for the following two (2) courses; (1) thence North 89° 04' 32" East for 470.95
feet to a point of a curvature.to a curve that is concave to the Northwest; thence
along the arc of said curve having a radius of 1626.44 feet and a central angle of
28° 53' 12" for 820.00 feet; thence North 29° 48' 40" West for 621.95 feet to a
point of curvature to a curve that is concave to the Northeast; thence along the'
arc of said curve, having a radius of 6DO,DO feet and a central angle of 36° 37'
39" for 383.56 feet; thence I~est for 933.51 feet to a point on the East Right of
tJav line of the said Lake t4orth Drainage District Equalizing Canal E-4; thence
.No~th-35" ~3I' 23"-West for 136.38 feet to'a point on the centerline of s~id
canal E-4, said point being on a curve concave to thq Southeast and bearing
North 81° 29' 17" West from the radius point of said curve; thence along said
.... centerline of canal E-4 for the following four (4) courses; (1) thence~orth-
easterly along the arc of the last-described ,c, urve, having a radius of 750.00
feet and a central angle of 4" 04' 17" 'for 53~29 feet to a point of tan_qency;
(2) thence North 12° 35' OD" East for 320.69 feet to a point of curvature to
a curve that is concave to the Northwest; (3)-thence along the arc of.said curve,
having a radius of 6500.00 feet and a central ~ngle of 3° 28' 30" for 394°23 feet
to a point of tangency; (4) thence North 9° 06' 30" East for 644~50 feet~ Thence
North 89° ]2'4?"_-Ea.~t along the North line of the S 1/2 of the Nort~h t/2~f said
Section 17 for 2176.67 feet; 1he'nce'~So~th 0° 0~'~']~i .... ~-~ a~t~]g'~'Cl~-'rZast
the West 1/2 of the Northeast 1/4 of said Section 1'7 for 1212.59 feet; +~bence
South 89° OB' 49" West along the said North line ~f the South 1/2 of Section 17
for 94.83 feet to the Point of Beginning. Said Iract'cOntains 291.61 Acres
more or less..
-PARCEL ~5 (TRACT "I") : ·
~-~ A Tract of land lying in the N l/2 of the N l/2 of Section 17, lo%.~nsh~p 45
South, Range 43 Eas. t, Palm Beach County, Florida, more particularly described
as follows: Begin at the N.W. corner of the I;.E. l/4 of said Section 17;
thence N 89° 16' 39" E along the North line of said Section 17 for 1254.49
feet; thenc~ S 0° D2' ll" E along the East line of t~e West 1/2 ~f the N.E.
1/4 of said Section 17 for 1312.59 feet; thence S B9~ 12' 42" W along the
~ North line of S 1/2 of the Il 1/2 of said Sec{ion 17 for 2176.67 feet; thence
N'9° D6' 30" E along the centerline of the Lake Worth Drainage District Canal
E-4 as recorded in Official Records Book 1732 at Page 612 of the Public
Records of Palm Beach County, Florida, for 1334.6D feet; thence N 89° 16'
E along the said North line of Section 17 for 71D.D2 feet %o the Point of
Beginning. Said Tract contains 62.44 Acres more or less.
PARCEL %6 (TRACT "G") -. ' ....
A lract of land ']y.ing in the NE ]/4 of 5ection_~D, '[ownship_45 South, Range
43 East, Palm Beach County, Florida, more particularly__described as follows:
Co~ence at the Northeast corner of said Sect4on 20, thence S 89° DO' 19"
along the North line of said Section 20 for 462.73 feet to a point on a curve
that is concave to the Northwest, said point bearing S 69° 17' 26" E from the
radius_ point of said curve; thence Southwester.13 along the arc of said curve,
~ hawi~g_~L_r~adj_US of 55D.gD feet ~nd a central angle of 80 52' 47" for 85.24
- .-~eet~Lo~-point of tangency; thence S 29° 35' 21" W for 294,97 feet; thence
'S 6D~ 24'--39" l~ ior 294. gl ~-feetl -thence S 0° 49' 21" E %or 959.52 fe~t;
·hence N 88° 50' 0~" b/for 264,91 feet; thence N 0° 51' 05" W for 1429.g7 feet;
thence N 89° OD' l~°'' E for 197.75 feet to the Point of_ Beginning. Said Tract
contains 7.1D Acres more or less.
A ~Fract of land lying in the East 1/2 of Section l?, ~ownship 45 South, Range
43 East, Palm Beach County, Florida, more particularly described as follows:
Commence at the li.E. corner of the S.E. 1/4 of said SectiDn 17; thence ]t'0° 38'
OD" along the East line of said Section 17 for 22.69 feet; thence along the
centerline of N.W. 22 Avenue as recorded in Official Records Book 173B at Page'
1686 of the Public Records of Palm Beach County, Florida, for the following {2)
courses {1) thence Ii 880 13' 32" ); for 3OD.OD feet to a point of curvature to a
curve that is concave to the Southeast; (2} thence along ~the ,arc ~f said'curve
having a radius of 1637.02 feet and a central angle of iO° 19 21° fo,r 29,4,.93 '
feet to the Point of Beginning of said lract ~f land; thence S 13 53 12 W for
916.91 feet; thence N 33° lg' 57" ~; for 79.10 feet to a point on a curve that is
.concave to the Southeast and bearing Ii 15° 27' 26" I4 from the radius point of
said curve; thence along ~he ai~d-- -Of said curve-, having a radius of 28D.OD feet
and a central angle of 77° 27' 46" for 378.55 feet to a point of reverse curva-
ture to a curve that is concave to the Iiorthwest; thence along .the arc of said
curve, having a radius ~of 2SD.OD feet_mhd a central angle of 70° 23' 35" for
307.15 feet to a point of compound curvature to a curve that is concave to the
Iiortheast; thence along the arc .of said curve, having a radius of lSD.OD feet
and a central angle of 48° 12' 22" for 126.20 feet, to a point of reverse Curva-'
Cure to a curve that is concave to the Southwest~; thence along othe ,arc ,o,f said
curve, having a radius of 1BO. OD feet and a central angle of 21 54 24 for
68.82 feet; thence'ii 430 13' 22" W for 705.2)feet; thence along the centerline
of said );.W. 22 Avenue for the following two (2) courses; (1) thence )t 46° 46'
28" E for 571.20 feet to a point of curvature to a curve that is concave to the
Southeast; (2) thence along the arc of said curve, havino a radius of 1637.02
feet and a central ~n§le of: 1D° 21' 28" for 295.94 feet;~thence Ii 33o 19' 57'~ ~.
for 249.89 feet; thence along the North line of the said S 1/2 of Section t? for
463.79.feet to a point on the North right of way-line of said N.1-L 22 Avenue;
thence S 19° 27' 31" E for SD. OD feet to-a point 'on the centerline of said I(.l~.
22 Avenue, said point being on a curve that is concava,~.~o, the Southeast and
bearing It lg° 27' 31" U from the radius point of said'curve; thence Northeasterly
along~the~ ~ ,arc of s~id curve, having a radius of 1637~t]~feet and a central angle
o~ lO $4 38" for 311.73 feet-to the Point of Beginning. SaiO tract co, tails
21.78 acres more, or less. .
SPECIAL CITY COUNCIL MEETING - BOYNTON BEACH PARK OF COMMERCE
CITY HALL, COUNCIL CHAMBERS, BOYNTON BEACH, FLORIDA, NOVEMBER 8, 1984
7:30 P.M.
PRESENT
Carl Zimmerman, Mayor
Robert Ferrell, Vice Mayor
Nick Cassandra, Councilman
Peter Cheney, City Manager
Betty Boroni, City Clerk
James Vance, City Attorney
ABSENT
James R. Warnke, Councilman
Samuel L..Wright, Councilman
Mayor Zimmerman called the meeting to order at 7:35 p.m. and stated
the Public Hearing is being held tonight to consider the Boynton Beach
Park of Commerce Regional Impact Comprehensive Development Plan and
also to consider the rezoning and land use amendments on this par-
ticular area. He asked for remarks from the City Planner,
Mr. Carmen Annunziato.
Mr. Annunziato addressed the Mayor and Council, stating that as a
matter of introduction to the items on their agenda for this meeting,
there are three kinds of items. One is the required Public Hearing
for the development of regional impact of the Boynton Beach Park of
Commerce--in this instance, the comprehensive development of regional
impact, the word comprehensive connoting that more than one statutory
threshold has been exceeded in terms of numbers of parking spaces or
numbers of square feet as the case may be. Secondly, he said the
Council will be asked to address the issue of the land use element
amendment and rezoning. Great portions of the subject area are
currently zoned for single family or other purposes. The applicant is
requesting that the land use element of the comprehensive plan show
the area as industrial and the property be rezoned to a Planned
Industrial Development. The third kind of request is a straight
rezoning, that is, the property to the east of High Ridge Road west of
1-95 is currently shown as industrial in the land use element of the
comprehensive plan and currently zoned M1. The applicant is
requesting that that also be rezoned from'M1 to PID. In total, this
is a request for a 540 acre project to be known as the Boynton Beach
Park of Commerce. Generally, it lies to the east of Congress Avenue,
west of 1-95, north of the Boynton Canal and south of Miner Road when
it will be built. The property is currently being used for the
grazing of cattle, and there are land elevations which range from 40
feet to as low as 9 feet within the regions close to the E-4 Canal on
the west.
The surrounding properties are the Boynton Lakes PUD, which is under
construction, to the northwest; to the north, the Council recently
rezoned a tract of land to R1-AA to provide for the construction of
single-family homes in connection with the High Ridge Country Club
properties; to the northeast it is currently zoned M1; to the east
there is a horse farm and the High Ridge Commerce Park, which is a
- 1 -
MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
PID, and the Boynton Beach Distribution Center, which is currently
zoned M1. To the east there is vacant, undeveloped land which is
zoned RS in Palm Beach County and vacant, undeveloped land zoned
R1-AAA in Boynton Beach, F~O.P.A. site, Gould Plastics,Curt. Joa and
1-95. To the so dustrial park which:is
zoned M1, to the south is Lau and Skylake, single-family
areas developing in the R1-AA zone classification. To the southwest
is vacant, undeveloped R1-AA land. To the west is the Motorola PID,
vacant undeveloped commercial property and the Dos Lagos PUD.
The uses proposed within the Boynton Beach park of Commerce :are com-
mercial, office, light industrial, lakes and wetlands and roads. The
acreage devoted to each are: commercial, 27.6 acres; ~128.9
acres; light industrial, 254.7 acres; lakes and Wetla 2 acres
and roads, 46.5 acres. There are Planned Industrj , an
item specifically talked about within the confines ¢
sive plan, which says, "Future designation of planned industrial
districts in the areas indicated for residential or other uses on'the
land use plan shall be considered to conform with the lan
all PID locations and design criteria are satisfied and
by the Planning and Zoning Board and the Council."
kinds of standards, listed, referring back to
first set concerns the relationship of the building
to the surrounding city intra-structure systems. The fi~
is the locational criteria--the relationship~of the
to major transportation facilities. As proposed, the
Park of Commerce is served directly by N.W. 22nd Aven~
peripherally iby Congress Avenue, Hypoluxo Road to the
Beach Boulevard and Old Boynton Road to the )uth,
posed, High Ridge Road is exi~ and p
tion for development approval it interchange at 1-95
Avenue. All iof these thoroughfares appear in,the Pa
Thorofare Plan.
use plan if
approval
two
~. .The
lific
.ndividual
PID
Less
project
L Beach
)n
pro-
)lica-
[.W. 22nd
County
The second issue concerning location is the relationship of the pro-
posed development to municipal utilities. The site is served with
master-sized ~water and sewer mains on the north, on the west and on
the south. The applicant is proposing to construct sewer, water and
drainage facilities on site, consisting of four lift stations, gravity
sewer system, looped master-sized water mains~and a full proviSion of
stored water retention systems as required by the South Florida Water
Management District.
Concerning the physical character of the site, there are no physical
impediments to the development of the site. There are some minor
pockets of muck, ranging to two feet in depth, which will have to be
mitigated as a part of the land development process. Beyond that,
there should~be nothing in terms of soils which would impede the deve-
lopment of this site as a PID.
- 2 -
MINUTES-SPECIALCITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
Environmentally, there are several landscape and animal regimes on
site, ranging from the pine flat scrublands to wetlands; this was the
subject of some discussion with the Regional Planning Council. The
applicant is proposing to set aside 40 acres of scrub habitat and to
rejuvenate-that scrUb habitat; there are 11 or 12 acres of wetland
habitat which will be rejuvenated or remain on the site,
The recommendation which comes from the Plannin
Technical Review Board and. the Planning and Zonin.
Additionally,
Coux
sic
side [lowing:
,the
as
isa list of
their ~comments.
the
~t the City Council has to,~ an con-
prehensive development of regionaliimpact, con-
Does the develo~
.of the objecti~
the area?
unreasonably interfere with the achievement
of the adopted state land development plan for
Is the development consistent with the local land development
regulations?
Is the development consistent with the report and recommendations
of the Regional Planning Council?
Mr. Annunziato concluded by saying that was a brief introduction to
the project, and the~applicant will provide for the Council a rather
lengthy explanation by presentations of various consultants. He added
that he would be available for questions and comments afterward.
Mayor Zimmerman asked if any of the Council Members had questions at
this time, and Councilman Cassandra said he had a question which he
hoped would be answered during the presentations. He referred to Item
No 5 on Page i of. the Planner's presentation which says, "This item is
recommended to the City Council for approval and concept and that the
applicant is willing to comply; however, the formula upon which the
dedication is based is suggested to be a matter of further study."
Mr. Cassandra's question is what will happen if there is a
disagreement between the City and the applicant--what kind of commit-
ment do· we have from Riteco Development Corporation that they will
honor something that is presented to them?
Mr. Annunziato said this question involves Item 5 on Exhibit D, and he
believes the basis fOr the question is the concept the Council agreed
to at the time of~the Melear PUD annexation--that there is a need for
some civic dedication. We have prepared a draft ordinance, with which
the applicant has some concern. We have explored that concern with
them, and they think they will be able to answer in part the way they
feel they need to address it. Following their comments, though, we
would like to offer our consideration for the Council.
- 3 -
MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OFCOMMERCE
BOYNTON BEACH, FiLORIDA NOVEMBER 8, 19184
Mayor Zimmerman asked that the developer give his name and address and
introduce their presentations.
Mr
ct Director, said Riteco has
five years ago th
for~a :or a number ~o
go forward the time. He said they think this
Park o his
land,
Ci~
been
Rossi,
the
the
eac]
~s an
David Presley. The environmental
and
wo'
]or areas of the Lke
tation to the Council, and at the conc]
they wil ions. HE
Planner, give an overview of the entire project.
Lve
~en
1s,
Mr. Barden said his firm was retained by Riteco almost two years ago
to begin analyzing their property and to recommend a~new~ approach for
its use, based on good land use and zoning practices and a market that
has been changing since 1975. They began to analyze the more' recent
chart the City and the.advice of~the Pianr
:ne Motorola high-technology plant and the Ma ~ well as
other ~nned industrial development districts to the n the
Riteco property and the existing induStrial area that 1-95 to
the so:~ As a result of their analysis., he said ~th.ey. recommended
stron¢ Riteco that they Change the land use from, residential and
a is districts, which have been descriibed,, to a
~ district and that they develop it as a~ high-
teck park--not as an industrial park with' warehous as a
mixt self-sustained group of.uses, ffic
Engine~ out later, by mixing some of the uses that are
g ic ~ ' ' '
o=~-slte, we overcome some of the negative impact
by keeping employees and visitors on the site.
Mr. Barden said that by looking at the City and the public facilities
that are needed to serve the project and which the project often ser-
ves, such as the economic base of the community, they foUnd that
generally the areas of major impact were those of transportation and
environment, areas upon which they concentrated heavily for almost two
years. They feel the project is well served by public facilities;
they foresee easy mitigation of the one or two areas upon which they
have impact. The existing zQ:ning in the area came abou~ the
planned unit type of development created for Sandhill. existing
area to the north and south of N.W. 22nd Avenue is zoned single
- 4 -
MINUTES-SPECIAL'CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
family. On the west side of the canal and immediately adjacent are
two apartment districts, and another apartment district was set up
along High Ridge Road to buffer existing M1 from single family at that
point.
The existing district zoned Mi is north of N.W. 22nd Avenue at 1-95
and south of N.W. 22nd Avenue to the Boynton Beach Canal. Mr. Barden
went on to say their application suggests the land use.plan be left
the same for this area but change the zoning from M1 to PID. For the
residential portion, including the recreational portion, they request
that we change the land use plan from residential to industrial and
change the zoning from a mixture of single family and R3 to all PID,
which will allow them to develop a planned office, industrial and
mixed retail research park--on a very comprehensive basis, as is
required by our PID ordinance, which he uses as a land planning guide
and conform with almost precisely except for the commercial, which is
slightly under the i0 percent allowed. He said they tried to do a
good job of land use planning within the parameter of our PID ordi-
nance by protecting the boundaries that have residential uses adjacent
to them and then by protecting the main entrance corridor and trying
to combine the kind of uses we and our planning staff would find com-
patible.
Northwest 22nd Avenue will become Commerce Park's gateway from both
the proposed 1-95 interchange (and Congress Avenue). Along N.W. 22nd
Avenue they propose office uses; in the central portion they propose a
park of commerce center around one of the large lakes; this would be
referred to as the Lakeside Center, which would have at least two
hotels, unless the hotels are built adjacent to the interchange, along
with restaurants, retail uses that support the offices and high tech-
nology of light industrial usage. Bordering and wrapping around the
light industrial center would be light industrial usage.
A large lake, both for drainage and buffering the residential area from
the office sites,'has been proposed with 50 or 60 acres of wetland
preservation. Mr. Barden said they think the land plan not only fits
the intent of the PID, but takes it a step further and commits by
master plan, as required, a concept of uses which is the guide for
future reviews by our staff. Some of the roads shown by dotted line
on the drawings may not be built unless the area around them becomes
fully developed and there is a need for them. The arterial network
has been developed in conjunction with the Traffic Engineer.
The project consists_of two basic phases, based on the Market
Analyst's findings relative to the rate at which buildings can be
constructed. They want to begin construction near Motorola and across
the street from it and work their way along 22nd Avenue, then turning
south (east of Motorola) and develop that area of the project first.
In the land use arrangement they will consider the requirements of the
City code and the design objectives of the owners, who will establish
- 5 -
MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLaRIDA NOVEMBER 8, 1984
an architectural review committee to review the projects and control
the design to insure a park-like setting rather than a warehouse-type
setting. Those will be applied to the master plan, as well as pro-
viding for the protection of wildlife and the sand pine and~wetland
areas, considering the undergrowth and existing animal life.
The buildings will be arranged in such a way
intact. Barden concluded :by saying they belie~
the .anning is not only in c~
the land use plan but also in c
objec of Boynton Beach
earch Corporation to rev
mix · uses, etc., that they have proposed.
left
:h to
s of
r of
timing,
Mr. Drooper said his firm was involved in %he study
and et 'sis aspects of the
survey pr industrial:parks
occup acres. They survey ~over ~4.! feet
of and did an in,
deve in the County and as
trends. They~ev~l] .re and
w~ xture of high-~uality office, research and hi develop-
ment. There are certain external success ingredients that are well
served ~ere; the site enjoys a.com --a
criti ~xternal success ingre~ ~tion
growth area, which provides: an impo
market; there is a good availabilit
priced ~housing~. The site enj ty; 1 service.
The environment in the immediate ] is with
Motorola a the Boynton Beach Mall ~. spill-
over this will establish. Our ~ted ab rates in
terms oif occupied acreage--not lan( occupy
land--is 12 to 16 acres per year, is comparable ~h the suc-
cessful, industrial parks operating i~.So~th Florida andi0ther regions
of the state. Therefore, we are ~ a~ about a 30 yea,rlabsorption
period.
The park is well positioned for catering to the high-tech warehouse
market. They can offer moderately priced office space; there is a
surplus of luxury space in the County. There is a need for.a hotel in
the area, catering to the local business market.
The project will create approximately 13,000 jobs, $150,000,000 worth
of construction, a payroll of approximately $200,000~000, and based on
current millage rates, property taxes of approximately $8.~ m~l~lon.
Next Mr. Post introduced Dr. Maniey Boss to explain the environmental
concerns that have been raised and what they propose to do about th~m.
Dr. Boss said there are basically three regions on the property ecolo-
gically, all of which are based on the availability of water to the
- 6 -
MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
organisms that live there.. Along High Ridge Road is a stabilized sand
dune, reaching a height of up to 40 feet. In the northern section of
the property is another high ridge. These three high ridges are com-
posed of pure white sand that is extremely dry; therefore, any orga-
nisms living there have to live in a very.dry situation. These.three
regions have scrub vegetation--basically pine trees and dwarf oaks.
The gopher tortoise lives in the area, and the gopher frog lives in
the hole of the gopher tortoise. In addition to the dry area, there
is a great prairiie~that covers the rest of the property, which is
neither too wet or too dry; that has oak trees and bushes that grow
not in wetlands or very~dry areas.
Intersperced in this prairie are some very wet areas and swamps. This
area prior to 10,~000 years ago was covered with ocean, and the ridges
were the east coast of Florida. After the oceans receded, there were
pockets of fresh water because of the rain. Probably 30, 40 or 50
years,ago before this area was drained, there was at times enough
water on the property west of the ridges to connect Lake Osborne and
Lake Ida. The environmental staff of the Treasure Coast Regional
Planning Council and other state agencies are interested in preserving
some of the vegetation and wildlife~of the ridge, as well as the wet
pockets, which is what the developer has committed to do with at least
one fourth, or 40 acres, of the 160 acres of scrub vegetation. The 25
percent preserved will be dependent on the state-lof:the vegetation
there now, the feasibility of saving it and the feasibility of
locating the animals into it. At least 11 acres of wetland vegetation
preserved~around the lakes. Wetland vegetation will be
the edges, of the lakes. Practically all of the lake
perimeters will be preserved areas. The 3.8 acres of wetland in the
north area will be preserved.
Mr. Post introduced Mr. Jim Zook of Kimley-Horn and Associates to
discuss the traffic impact and their proposals for responding to that
situation.
Mr. Zook said every development of regional impact requires a compre-
hensive transportation study, and this one was started long before
there was a decision to make a DRI application. Not only the present
situation was considered, but what would exist during the 30 years
while the project is being completed.
Northwest 22nd Avenue from Congress Avenue to Seacrest Boulevard will
be widened to four lanes. This includes widening the bridge over the
canal, improving all~of the intersections and creating left and right
turn lanes through the project, but it does not include widening the
bridge over 1-95, which should be discussed regarding the interchange~
This is over a million dollar roadway improvement project.
Fortunately, the capacity exists on Congress Avenue for the first
phase of the project, because it has already been widened; however,
at Congress Avenue and Boynton Beach Boulevard there will be a
major intersection, for which right-of-way maps, design plans and
MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVemBER 8, 1984
money will be provided to the County for improvement. The improvement
of N.W. 22nd Avenue proceeding west of Congress Avenue will be
completed within
of
Re~
are
deve
that i
~at
feasib etc. Based on the
there is little doubt that it wi
d
ments!]
first phase.or
~he interc]
rs. of the pro3 :t.
Traffic counts
the project,
generate
be
andif
[11 ibe made, monitoring the
'.ed by
to
will
le
interchange.
reached lue h
although
time
lanes.
go to the In th
the $900~0 being spent th.
be spent' on major intersection improvements t.
impact that.will be on other streets instead of using I-9
on Congrs Beach Boulevard.to get to.th~
that do e .th ii-95.
en
that
)uld
'oved,
to
~ically
In addition, there are signalization requirements and other intersec-
tion requirements adjacent to and within the facility, but these are
the major improvements it will take to handle the impact over a 30
year buildout period.
Mr. Post said someone is certain to ask the question of what happens
to the $900,000 over a 10-year period if it takes this long. He
wanted to answer it by saying the $900,000 increments get improved in
keeping with some construction cost index to be selected. He then
introduced Mr. Ric Rossi to speak about the civil engineering aspects
of the project.
Mr. Rossi said he will touch on water, sewer~ drainage and irrigation.
He said this 540 acre project is fortunate enough to have been located
in an area which is bounded by master-sized lines put in by theCity
some time ago. The amount of water needed for 13,000 employees, plus
the industrial use, which will amount to about one-half million
- 8 -
MINUTES-SPECIAL~ CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
gallons a day, is all provided for with the existing system that now
bounds the property. There is a 16 inch water main along Congress
Avenue and along Miner Road, ultimately connecting with a 20 inch on
Seacrest Boulevard. So there is an ample supply of water to handle
this project. For the first phase, which is anticipated to take place
immediately west of the E-4 Canal, a connection to a 10-inch across
the Boynton Canal is planned, which would be a loop to the system,
moving back to the 16-inch on Congress Avenue. At final buildout
there~will be minor and major loops within the system carrying 10-inch
and 8-inch lines.
The sewer system has a master main located along the Boynton Canal,
consisting of three lift Stations, where all sewage emanating from
this project will be introduced into the system.
A rather elaborate study was made of the drainage system, dividing it
into basins and sub-basins to determine the amount of runoff, keeping
in mind the requirements of retention of water as well as getting
water off the developed areas into the ponds. Basically, there will
bean 80 acre lake system scattered throughout the project, and there
are four basins on the project. Water will be collected from the
development to the retention ponds and introduced to the Boynton Canal
and the E-4 Canal. In devising these drainage basins, consideration
was given to the ridge lines and the natural flow of the drainage
waters. The system of drainage provides for the first hour of a
three-year frequency storm.
South Florida Water Management District is placing another condition
on all industrial sites as part of the requirements of the Treasure
Coast Planning Council; that is, that all industrial sites will be
provided with an impervious retention area in addition to the secon-
dary retention area. This primary, impervious, lined retention area
will require a lesser amount of retention, but the notion is that any
waters coming from industrial sites will ultimately get to that reten-
tion site on that particular tract of land, which will be deed
restricted for that land. It will have to enter that particular small
retention area before it builds up and is introduced to the major lift
areas. This type of retention is rather new in the piping system; the
object is that, in case there should be spills or oils on loading
platforms or on parking areas, the first place to receive those con-
centrations are in these impervious lined ponds. The lakes, besides
serving as a function for retention, also will serve as an area for a
source of material to fill in lower areas. A 9.5 contour is required,
which is at the ground water level. There will not be a need for
cutting down higher ground to make a balanced dirt situation on this
project.
Concerning the geology of this project, the borings indicate highly
pervious soils with good drainability w.ith the exception of a few low
areas which have a couple of feet of muck, which will have to. be
removed but is of no great consequence.
- 9 -
MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
Mr. Post said Mr. Rossi was their last speaker. He then referred to
material reflecting the 28 conditions that were imposed on the project
by the Regional Planning Council when they gave thei s
16 addit e City staff, se
re'(
pr~
have
Co f.th ls~a'
of
com , o our code change~as well as our PID
the code changes, will the de~
code?:
ex
~Oint
someone goes to all of t
recei~ ing that
with
=ode as
If
be
cer
1
state
t
envisa,
r rece
they a
evelopment
for
codes
If
the new
the
can
'e to
ill
em
Mr. asked if this me that, if he is unh~ ~with some of
the igh-teCh induStr that may come in, ht that
sti before he approves this. Mr. Vance respo~ DRI
approach does not really relate to any particular given use. In
res' Cassandra's comment that he is about a spe-
cific use, Mr. Vance answered that he thinks h( ~m
with ~DRI's. Mr. Cassandra expressed his .concern for s of
Boynton Beach as they--not DRI--iive here.
Another question was asked by Mr, Cassandra regarding the small pocket
zoned R1-AAA, and Mr. Annunziato explained there are.two parcels of
land which remain part in and part out of the City. The County pocket
is zoned RS, a County single,fami, ly zoning classification, and the
City parcel of land is zoned Ri-AA; there is one owner for both. If
the land is zoned PID, it would not be conducive to single-family
development and would probably be addressed either by the applicant or
by the City. All of this land is vacant and undeveloped.
Councilman Cassandra said one recurring theme concerns him throughout
the review of the report by the Treasure Coast and South Florida Water
Management District and some of the comments by our own staff, and
that is toxic hazardous contamination. He said he is not a believer
in building containers for the hazard or the contamination--he woUld
rather not have anything hazardous there. He said statements from the
Treasure Coast and South Florida Water Management District reports
indicate they do not believe our code does not address hazardous~
conditions or hazardous waste, and he believes the City must somehow
control what goes in the development as far as contamination is con-
- t0 -
MINUTES-SPECIAL' CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
cerned. He then asked Mr. Post if there are any companies going there
which would produce toxic or hazardous waste in any form. Mr. Post
said there will probably be companies that will produce substances
that are classified as toxic waste; however, toxic waste is being pro-
duced every day in the City now. He said the answer is adequate
controls and means of disposing of toxic waste, which can be done and
is being done daily everywhere. He said the Treasure Coast made the
point, correctly, that now in South Florida and he thinks in Florida
relating to toxic waste are in a state of con-
true nationally. He said we cannot outlaw toxic
waste--it will happen--but we must develop regulations, ordinances and
statutes to deal with this at all levels of government, which is being
done now.
Mr. Post said the City of Boynton Beach has demonstrated that they
have an alert, wide awake city staff who does a good job. For
example, the City has in the ground now the water and sewer capacity
to handle a development of this kind because of planning and
forethought over a period of years, and the same thing can:be done
with handling toxic waste. He went on to say there is nothing
mysterious about toxic waste--it is chemicals that can be handled in
due course of events, and he believes the City will develop the ordi-
nances and the ways and means to handle them. He pointed out that
hospitals produce toxic waste, but no one wants to eliminate hospi-
tals, and he cannot say there will not be businesses here who will not
produce substances that would technically be classified as toxic
waste, but it can and will be disposed of. One of the most important
concerns should be what it does to our ground water drinking supplies.
In this area, this is not a source of potable water for this portion
of the County, so that makes the problem less critical.
Attorney Vance said the DRI process does not lend itself to saying
there will be a plant that manufactures a certain product; however, in
relation to toxic waste the situation is the same as for building
codes--anything built in the Park would be subject to any ordinance
amendments or modifications relating to how toxic waste is handled.
If we amend our ordinance two years hence regarding disposal, reten-
tion or non-use of some types of facilities, that would apply, and
also the Health Department regulations and the state regulations
relating to toxic wastes as they are modified over the years, for this
is directly related to public health and welfare.
Mr. Post said that was well expressed--they are subject to changes in
the building code, the sanitary code, etc. He said he is of the
understanding they will have certain vested rights the city will grant
now that they cannot tamper with lightly. For example, if $1,000,000
is spent improving the roads in the area, he does not think this or
future City Councils can say they have decided to zone the land R-i,
for the money has been spent in development and providing traffic ~
capacity to take care of the planned industrial district--that is a
vested right, but the other things the City can and will modify.~
- 11 -
MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
Councilman Cassandra said he wanted to voice his concern about the
environmental issue--toxic waste contamination. He does not agree
with the contention that it is going to be here, so live with it~
sa~
control
these problems in
liketo
or toxic
He
be i
Mr [ic
wa
Re, .~ng
po~ . could be part of ~the k
The question of improvement to Seacrest Boulevard was raised by Mr.
Cassandra, who mentioned that other major roads in the ar been
mot Seacrest, which Will have the fallou ff~c
that come due to the project, iMr, Zook answer~ 2nd
ed all ithe to be
wi, ~o] of N.W. ,
and is:to!be He sai~ .ge
11 widen the bride .ght
neck
Mayor Zimmerman referred to the potable water situation in the area,
stat are no city wells in that location, and 'the prop, is
for retention system of runoff--the primarylsystem a
lake system--before it runs into the canal. He said:the City is~con-
sidering~taking water out of the Boynton Beach Canal for use, whiCh
would be receiving runoff from this area, and he wondered what the
effect would be.
Mr. Rossi said he is aware there is a feasibility study being done by
the City of the possibility of having reverse osmosis with m~cro-
filtration and drawing water out of the Boynton Canal at some point.
He said he discussed this with the South Florida Water Management
is
District, and their response was that the Boynton Canal ' aldrainage
canal--not a water source. Not only does this project have impact on
it, but every other project that dumps drainage water and not
pretreated water into it. They said they would have to deal:With the
application as it comes along, because there are other factors
affecting the quality of that water besides this particular project.
But he said there has been interplay between this project and the
South Florida Water Management District and are taking it into con-
sideration.
Mayor Zimmerman said the Boynton Canal is presently a drainage canal,
but if we go to it as a source of water, it will become something else.
Mr. Rossi answered that he understands from discussions with the staff
of the South Florida Water Management District that the canal drains
farm land, which could contain herbicides and insecticides, as weI~ as
developed land. He thinks this project has, through the double reten-
tion system, done its best to take care of as much of the problem as
- 12 -
MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
possible internally before it gets to the canal, and he thinks the
South Florida Water Management District in reviewing this process
feels they have met those requirements. Mayor Zimmerman asked Mr.
Rossi if he thought then that this project would not add materially to
the contamination of the water in the canal as best he could see, and
Mr. Rossi answered it would not.
Councilman Cassandra said when the South Florida Water Management
District reviewed Riteco's application, the report said their staff
and the staff of the Lake Worth Drainage District determined there was
not enough runoff, and the design would have to be changed; he asked
if this had been done. Mr~ Rossi replied that in June of this year
the Lake Worth Drainage District in the C-I6 basin deCided to cut the
allowable runoff in half. The original report came out before that
June date; subsequently, they ihave been furnished with the restricted
flows,' and they have accepted this latest report.
Mr. ~Calssandra asked within~what percentage of tolerance we would be of
the allowable ~percolation formula for ~his size of area, considering
that a portionl of the 540 acres would be covered with concrete and
woul'd be lost. Mr.: Rossi answered that the 80 acres of lake is more
than would normally be needed to handle the retention, and this com-
bined with the ability of the soil to retain water and the high
drainability of this soil should be adequate.
Mr. Cassandra~_ raised the issue of the lack of laws concerning the
handling of hazardous material and Stated perhaps the City should make
some laws to deal with this. Mr. Vance said that is a complicated and
technical area, and usually an entity with much more money than the
City initiates that, such as the State, who has basically taken charge
of controlling the disposal of hazardous waste. He said he is not
aware of the present level of state effort and what studies they have
made or are making. As this is an expensive undertaking, he said he
thinks it is not practical for an individual City to do.
Mr. Cheney, City Manager, said there has been a tremendous increase
the State's interest and involvement, and one of the things the State
is now doing is taking an inventory iof what hazardous waste exists
now within the State. in Palm Beach County that has been delegated by
the State and County Commission. The inventory will determine what
there is; then the ways of handling it can be addressed. Mr. Cheney
said he suspects that, with all of the concern about the quality of
life in South Florida, we will see some additional things take place.
When it has been determined what exists, ways to handle it will be
developed, perhaps dumps or treatment centers. He said as we find
companies coming into this project that either use toxic material or
produce toxic waste, that will have ito be addressed at the time and
see what controls there are. He anticipates a lot of State effort in
the next year or two.
Mr. Vance said any legislation or ruiies adopted by the State or County
regarding this subject would apply--the developer would not have
vested rights concerning this.
- 13 -
MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
Mr. Cassandra said the City of Boynton Beach requires a minimum road
elevation set at or above a t00 year flood stage, which the Federal
Emergency Management Agency map indicates is 11 feet. Mr. Post
.ls for minimum floor elevations
d minimum s of 1.2 feet.
Mr. Post said that Riteco has always
citizen 1 comply
are deve ~ and/or,the
to be a good corporate
with whatever, regulations
for toxic.waste.
Mr. Vance said Mr. Post had referred to
indi il had it in front ,
have 'der.
the , ~he¥ do. not
Mr. Annunziato said perhaps this is the proper time to .discuss for the
Council's edification some of the conditions that have ~been outlined.
There were two sets of conditions; one was a set of staff comments
recommended for approval by the Planning and Zoning as modified
by ~d a~ set of requirements imposed on the ~ by
the .anni,ng Council, both of which are included e
Planni Board's recommendation to the City Council.~ The
applicant has agreed to comply to all of these requirement~s, to some
more graciously than others, except Item 5.
Mr. Vance said, with reference to Condition No. 5, a draft ordinance
relating to civic impact was prepared and furnished to the applicant.
A development of this size has an impact on civic facilities, in this
instance a rather substantial one 'in all probability. The applicant
apparently has some problem with~the formula, which was developed with
the City's in-house.study, and the. amount of dedication and/or ~money
or a combination. In an effort to be fair, Mr. Vance Said, they
contacted an~expert in the area, who has prepared a lot of impact stu-
dies for various~governmental entities in the State, and'discussed a
study relating to our proposed civic impact ordinance. The City feels
what they have is based on concern and dedicated in-house research and
effort and represents at this point a fair impact with reference to
this area. However, wanting to be eminently fair to,the applicant,
we have suggested there is an alternativeiapproach if the applicant
has a serious problem with the numbers which were arrived at based
upon Condition No. 5. The alternative is that we retain the expert,
who happens to be a Ph.D. who works for Florida Atlantic University,
that the applicant pay for the cost of the study, estimated to be
$15,000 to $20,000, and that~the app!ican~ agree to accept the numbers
developed in this study. This gives the applicant a choice, and Mr.
Vance asked for the appiicant"s comments in reference to this matter.
Mr. Post said the applicant's position has been accurately stated;
they have reservations about the legality of the ordinance the City
has proposed. He said Rlteco has always taken the position that they
recognize that developments of any size--and this is a large one--do
create impact upon the community, and they are willing to pay for its
- 14 -
MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 19 8 4
impa~t. The question is whether or not this ordinance properly
addresses the impact and whether some of the things designated as
impact are impacts from this project. They will abide by whatever
ordinance the City adopts with respect to impact, and they assume it
will be a legal ordinance. If it is legal, it can and will be
enforced, and they can and will obey it. He went on to say that they
could hardly agree to:abide by the numbers of an ordinance that has
not yet been written, and did not think the City would want to be in
that position either, for the study might produce numbers the City
would be.pleased with. Mr. Vance answered that we could all agree to
go on hold for the couple of months it would take to get the results
of the study in relation to the impact of this area and determine if
the figures were agreeable to both sides.
Mr. Post said they want to face the problem and are not trying to
avoid it, but he would think it would be difficult to achieve a result
in two months. He said they have no reservation about exploring and
helping to develop a legal ordinance and one they could accept, but he
asked if the City would want them to be paying the party who writes
the ordinance. He said he thought the City would want them to par-
ticipate, cooperate and help in developing the ordinance and give
theirpoints of view, but he thinks the City would be in an indefen-
sible position if the developer was paying for the study.
Mr. Cheney said he did not think that is a problem; if the developer
would agree to pay for that study, we would recommend to the Council
that we will take that risk. We are talking about a gentleman who
works for the public sector, so he has a continuing reputation to
maintain, so we do not have to worry about that. He said they have
indicated both at this meeting and a previous one that Riteco is
anxious to pay their share.
He said this issue came up with another development in the City, and
that developer at the time of annexation agreed to give some land, not
raising the question of whether it was legal or illegal. At that time
we committed to treat all developers in the City the same way,
according to what he voluntarily agreed to when he annexed, and we
have that obligation. He said Riteco can agree, whether it is legal
or not, to follow the formula they put forth, and if they volunteer to
do that, it does not matter if it is legal. If they think those
figures are high or wrong, then it is suggested we hire someone to do
that study. The City does not need that study at this time, so we
suggest the developer pay for it. The money can be given to the City,
and the study will be done by a highly eminent and respectable source
in a couple of months.
Mr. Vance said if the study is to be done, we can stop talking about
an ordinance; we will talk about a development order. He said if they
agree with our opinion of what the impact will be, they will then
agree to donate a certain amount of land and/or money or a combination
in connection with the approval of their development order, and an
MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER. 8, 1984
ordinance is not involved. He went on to say the City wants to. betas
fair as possible; that is why this individual, wh
knows to have done a lot of work in this area, was contacted ~g
the study.
Mr. Cheney said we could have proceeded with a
this project and never raised the issue:of civic
whatever ordinance we passed in thelfuture, assuming~it
would apply! to this.project without any pre-notice. In
assure that everything we are doingiis upifront, we a
issue in the Staff reports so th
working on a civic dedication ord~ pass ~
applicable here--there would be no surprises. We are t
work out something that will make sen to everyone, and he
the study will make sense. We wil
tion ordinance.
~n
ieves
in some way a civic dedica-
Mr. Vance said we will work with the development order to be issued by
the City and a reasonable determination of the impact in this as
it applies to:the City. Whether or not the developer ~agrees that
he thinks would have some effect on the City's :attitude toward
approving the project.
Mr. Post said their concern is insuring the legality of the ordinance
concerning this matter. Mr. Cheney asked if he thought.the draft of
the ordinance they had put forth was an unreasonable measure for
impact, and Mr. Post answered that he did and the request does not
bear a proper relationship to the cause. He said they think~they are
being asked to pay an impact fee that does not represent a legitimate
impact of their project on the City. He went .on to st
ces of opinion arise frequently, and that does not
Cheney said the City received no response from the dev~ ir on this
issue, but only received a quickly-drawn opinion from the attorney,
which they have not had a chance to discuss.
Mr. Cheney again asked Mr. Post if he thinks the demand from the draft
ordinance is too much, and he replied that he did and they do not want
to give that much for that purpose.
Mr. Vance said that is one reason they have suggested the approach of
using an eminently qualified individual to do a study and see what the
results are. The study, which will cost $15,000 to $20,000, should
determine whether we are asking for a reasonable amount or too much or
too little.
Mr. Post suggested that they proceed under the assumption that an
agreement will be reached in this matter, and he asked for a three-
minute recess to confer with Mr. Wade Riley regarding Riteco's being
willing to fund a study of the proposed ordinance. He said he had
misunderstood an earlier statement, thinking the contention was that
an ordinance could be drafted in a couple of months. He requested
- 16 -
MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
that the Council approve the development order with Item 5 subject to
negotiation, and if agreement is not reached, the City could cancel
the development order, and if Riteco does not like it, they could
quit.
Mr. Vance said we might be able to work out some language, but we have
an indication that the study can be done in a six-week to two-month
time period, and he thinks it would be simpler to hold everything in
abeyance while this is done. He added that we intend to do this in
totally good faith and based on the problemS the developer has with
the formula we now have.
Mr. Cheney said if we proceeded with the drafting of the development
order, we could save some time but nQt lose anything for either party.
And he said, even though we agree on just about everything~ it may
take the attorneys 30 or 45 days to get the development order drafted
with that one item left open. Mr. Vance said he was referring to
adoPtion of the development order--not to drafting; the drafting would
proceed. Mr. Post said he sees no reason to deviate from the time-
table that has been established while we proceed with the study. Mr.
Vance said any funding would go di~rectly to the City rather than the
individual hired for the study; the City would then make payment to
him.
Mr. Cheney mentioned an item from the City-staff's comments concerning
the possibility of researching a land swap. Item 14 on Exhibit D of
the memorandum of October 24, 1984, frOm the City Planner to the City
Manager refers to an attached letter from Mr. Wade Riley dated October
221, 1984. He read the letter from Mr. Riley, which~is based on
discussions regarding a 12 acre piece of land located at the intersec-
ti.on of N.W. 22nd Avenue and the Seaboard Coast Line Railroad. Mr.
Chieney said we acknowledge that this is a piece of property the City
got from the County at one time and that there is a reverter clause on
it. After studying and thinking about this, they think the County
would probably be willing to give up the reverter clause on that piece
of land and substitute it for another piece of land. He said he wants
the record to show they want to pursue that matter and see if it can
be worked out, as there is the general feeling that the City and the
development would benefit, and the general public would rest more
easily knowing the outdoor pistol range was not at that location. So
they do accept Mr. Riley's suggestion that it be researched. Mr.
Cheney said that other than this item and Item No. 5, all other com-
ments from the City staff and the Treasure Coast staff are acceptable.
Mr. Post said their understanding on the potential land swap has been
stated correctly, and they are willing to proceed on that same basis.
Mr. David Presley, Attorney representing Riteco, said he wanted to
clarify that the expert who is being considered to do the impact study
was contacted initially by him on behalf of Riteco, and he instructed
him to meet with Mr. Annunziato, the City Planner, at their cost, for
he thought it was in the best interest of everybody to have a valid
MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
impact ordinance. Mr..Vance confirmed that he was contacted by Mr.
Presley, and they met with him somewhat extensively and checked some
of the other work he had done for Palm Beach County, for example, on
road impact fees, and they thought he was a qualified expert. Mr.
Cheney said it was not appropriate to use his name in a public
meeting, because~he does not know we are talking about it~
would
short ission.~
.ic to know that~ they
iveltheir opi
There,was a brief intermission~at~ 9: p.m.
the
Mayor Zimmerman called the meeting back to order and said we have a
report the developer is ready to give their position~ a!nd then the
audience will have an opportunity to speak.
Mr. Post said Riteco will accept the proposal that was made and will
fund the study, to be done expeditiously, and will abide by the results
of the study, and they assume the City will abide by the results of
the study, and thati the administrative proCedures~will ~continue while
the ing made. Mr. Cheney said in addition tio the Riteco
pre )ssibly could be an ~greed-to thing, tkis will be on
the books forever. In the long run, the City wants an ordinance on
the books which is solid, legal and will stand up, and :they are con-
fident this process is one way of getting such an ordinance. He said
if we want one that will stand up, we obviously agree bide by the
recommendations of this study. He recommended to the that, if
this results in a DRI approval, the Citylcredit back t~ the developer
their up-front costs for the study. He said the agreement is that we
would proceed to:draft the development order, and if an~ extension of
the 30 day period for adoption is required, he assumes an extension of
time would be granted. Mr. Presley said statute states it is at the
request of the developer, so he will request it.
Mr. Vance said the approximate charge for the study will be $15,000 to
$20,000!, and Mr. iPost said they are agreeing to not more than $20,000.
Mr. Cheney said he is sure they can agree not to exceed $20,000, and
they would like authorization to proceed with a negotiated contract as
rapidlyl as possible and to execute it if it is within the $20,000
limit.
Mayor Zimmerman said we would hear the public first, and he asked that
anyone wishing to speak give his name and address.
Mr. Donald R. Zyto, who resides at 10790 Green Trail Drive in Boynton
Beach, a Vice President and Senior Banking Officer of Barnett Bank and
President of the Greater Boynton BeaCh Chamber of Commerce, introduced
himself and said that as President of the Chamber of Commerce he is
here this evening to speak in favor and support of the Boynton Beach
Park of Commerce~Development. The primary goal of the Chamber of
Commerce is to secure new job opportunities and to expand the tax base
for the Greater Boynton Beach area. This is done by helping and
MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
encouraging existing business and industry to expand and the attrac-
tion of new business and industry to this area. In many instances
success is dependent upon having a good location for that expanded or
new business. In the past Boynton Beach has not had~a good site on
which to locate these projects, but recently the picture has begun to
change and the Riteco project is a real plus for the City of Boynton
Beach. Modern requirements demand locations in well-designed,
pleasing park environment in which needed daily services are present
and parks are closeby. All of this will be offered in the Riteco pro-
ject. New job creation in the first years will be at 1,620 and will
grow over the years to 13,409 employees. Corresponding annual
payrolls run from 31.4 million to 261.4 million dollars. Ad valorem
taxes at buildout estimated within 30 years to the City of Boynton
Beach would be $2,830,000 annually. Assessed valuation of the project
at that point is estimated at 813.7 million dollars. That valuation
exceeds the total valuation of all the real property in Boynton Beach
this year. There will be problems, but Riteco, Inc., will be contri-
buting not only new jobs, city taxes, industrial and business sites,
taxes to all taxing bodies, but also impact fees for street and road
improvements, intersection improvements and land or money for expanded
city service centers. New businesses produce new jobs, which are
filled by new people. New people mean new buyers for new homes, new
taxpayers, new customers for existing and new businesses and the basis
for the attraction of additional small businesses. The Chamber of
Commerce and representives of the Economic Development Committee have
Studied the DRI report and sincerely believe the approval of this
application for zoning changes and development are in the best
interests of the people and the City of Boynton Beach; therefore, I
urge this rCity Council to approve the recommendations of the Planning
and Zoning Board.
Mayor Zimmerman asked if anyone else was is in favor or opposition to
this development, and no one else spoke. He said we would take up the
motion mentioned earlier.
· Councilman Cassandra said the motion was to proceed with the necessary
administrative procedures and to authorize the refund of the $15,000,
not to exceed $20,000, if the program is approved and is developed in
the near future and to authorize the execution of a contract for the
study. Vice Mayor Ferrell seconded the motion.
Mayor zimmerman asked if there was further discussion. He said
without repeating the motion they would vote on it, and said~ "All in
favor?" All answered, "Aye." The motion carried 3-0.
The meeting was adjourned at.9:55 p.m.
CITY OF BOYNTON BEACH, FLORIDA
- 19 -
MINUTES-SPECIAL CITY COUNCIL MEETING/BOYNTON BEACH PARK OF COMMERCE
BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984
Vice, Mayor
Councilman
Councilman
ATTEST:
Clerk
Recording Secretary
(Two Tapes)
Councilman
- 20 -
MINUTES OF SPECIAL MEETING OF PLANNING AND ZONING BOARD TO
CONSIDERAPPLICATiONS FOR REZONING AND LAND USE AMENDMENT
OF BOYNTON BEACH PARK OF COMMERCE,
HELD IN COUNCIL CHAMBERS, BOYNTON BEACH, FLORIDA,
TUESDAY, OCTOBER 23, 1984 AT 7:30 P. M.
PRESENT
Simon Ryder, Chairman
Garry Winter, Vice Chairman
Norman Gregory
Ezell Hester
Ronald Linkous
Caesar Mauti
John Pagliarulo
William Schultz, Alternate, and
Robert Wandelt, Alternate, were
in the audience. Mr. Schultz
was excused and left the meeting.
Carmen S. Annunziato,
Planning Director
Timothy P. Cannon,
Senior City Planner
Chairman Ryder called the meeting to order at 7:30 P. M.
and introduced the Members of the Board, Planning Director,
Recording Secretary, and Senior City Planner. He recognized the
presence of Mayor Carl Zimmerman, Councilman James R. Warnke,
Stormet Norem, outgoing President of the Chamber of Commerce,
Owen Anderson, Executive Vice President, Chamber of Commerce,
and Peter L. Cheney, City Manager.
MINUTES OF MEETING OF OCTOBER 9, 1984
Mr. Linkous moved, seconded by Mr. Hester, to approve the
minutes as presented. / Motion carried 7-0.
ANNOUNCEMENTS
None.
COMMUNICATAIONS
None.
OLD BUSINESS
None.
PUBLIC HEARING
Chairman Ryder said the Board was meeting to consider a
development of unusual magnitude. The proposal contemplates
the 540 acre industrial and research park. Residential
units are not included. Chairman Ryder informed everyone
this is located in the northwest portion of the City
- 1 -
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH,~FLORIDA
OCTOBER 23, 1984
between Congress Avenue and 1-95 and on both sides of N. W.
22nd Avenue, going south to the Boynton Canal and going
north to Miner Road.
Under Florida~State Statutes, it is mandated :that projects
of this scope be reviewed by the Treasure Coast Regional
Planning Council to assess and identify whether regional
impacts are positive or negative prior to consideration by
the local municipality. Chairman Ryder said the proposal
comes to the Board with the approval of the Treasure Coast
Regional Planning Council, together with certain conditions.
The development entails rezoning existing zoning established
in 1978 for the Sand Hill residential development. He
advised this would be to review an appropriate category,
namely, a planned Industrial Development.
Project Name:
Agent:
Owner:
LOcation:
Description:
Boynton Beach Park of Commerce
Wade Riley, Vice President
Riteco Development Corporation
N. W, 22nd Avenue, between Congress
Avenue and 1-95
Requests for an amendment to the Future
Land Use Element of~the Comprehensive
Plan from Low Density Residential to
Industrial and for rezonings from
R-3 (Multi-Family), R1-AA ~Single Family
Residential), R1-AAA (Single Family Resi-
dential), and REC (Recreation), to PID
(Planned Industrial Development) to per-
mit the development of the Boynton Beach
Park of Commerce, a Comprehensive Develop-
ment of Regional Impact
Project Name:
Agent:
Owner:
Location:
Description:
Boynton Beach Park of Commerce
Wade Riley, Vice President
Riteco Development Corporation
West of High Ridge Road, south of N. W.
22nd Avenue
Request to rezone from M-1 (Light
Industrial) to PID (Planned Industrial
Development) approximately 86 acres of
land in connection with the Boynton
Beach Park of Commerce, a Comprehensive
Development of Regional Impact
Carmen S. Annunziato, Planning Director, said the business
before the Board was to react to requests for two sets of
rezonings which would be a part of rezoning efforts to improve
the Boynton Beach Park of Commerce. The issue of a develop-
- 2 -
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
ment of this size carries with it a requirement for develop-
ment of regional impact review, whiCh hearing will be held
by the City Council on November 8. The recommendation of
this Board will be forwarded to the Council.
When you take together the two sets of public hearings, Mr.
Annunziato said the proposal is to rezone 540 acres of land
that is currently zoned primarily residential, which would
accept 2,000 ~units plus 80 acres of industrial land to a
Planned Industrial Development (PID) category. He explained
that a PID is a highly regulated industrial district, which
provides for permitted uses only upon the approval of the
Planning and Zoning Board.
Mr. Annunziato read the location of the site and municipal
utilities from his Memorandum dated October 16, 1984, which
was addressed to the Board. In recent years, the utilities
have formed a major network of water delivery and sewer
collection systems with major lines on both Congress Avenue
and Miner Road extended. Mr. Annunziato said that wOuld be
the issue of some of the comments in terms of increasing the
number of those lines. He also read from his Memorandum
concerning the environment of the site. (See Existing Land
Use on pages 1 and 2 of said Memorandum.)
One thing the applicant had to take into consideration was
that the land uses surrounding the site are primarily resi-
dential. The Surrounding Land Uses are provided on page 2
of Mr. Annunziato's Memo. He read the Proposed Land Uses
and the Comprehensive Plan Considerations from pages 3 and 4
of his memorandum.
With reference to the utilities, Mr. Annunziato read from
page 4 and said there are major utilities to the south, west
and north of the site which will have to be tied into and
developed throughout the site to serve the individual lots.
Concerning the physical character of the site, Mr. Annunziato
stated that the Planning Department found there were no
impediments to development which cannot be overcome with
construction techniques. In a great part, this is what was
addressed by the Regional Planning Council in their remarks.
Mr. Annunziato read the Planning Department's recommendation
that the request for amendment be approved from page 4 of
his memo, subject to comments in Exhibits D and E. With
reference to the list of staff comments attached to the
memorandum as Exhibit. D, Mr. Annunziato called attention to
recommended modifications to Exhibit D, which he handed out
- 3 -
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
to the Members. At this
the issues.until th
the applicant's response
time.
he did not want to address
.stento
hem oneat a
Mr. Annunziato then read the basis for the recommendation
from pages 4 and 5 of ~the memorandum.
Mr. Bud Post, Project Director for Development
Corporation, reminded Chairman
and Mr. Annunziato was :head t
when he appeared before th~ ~ five years ago.
He said they assemble( , are leaders' in
their field, and felt the information they gathered on which
to base the pr~oject.was soundly conCeivedi.and that it would
be properly executed.
Mr. Post was glad the projeCt falls totally within the City
of Boynton Beach and not in any governmental jurisdictionis,
He introduced ithe profeSsionals, who werelConsultants to them
on the project.
Mr. Annunziato advised Chairman Ryder that it was only
necessary to conduct one public hearing because there was one
package of public hearings, and the package was designed to
affect the changes requested by the applicant. However,
they just be addressed individually at the end.
Roy Barden, Roy Barden & Associates, Boca Raton, did the
land planning. Mr. Barden showed the location of the property
on the overlay. Recent changes in land use in the area had
a positive impact on Boynton Beach and resulted in a decision
by Riteco to retain Roy Barden ~ Associates to analyze the
residential project that had been approved in 1978. As a
result of their analysis, Mr. Barden recommended that the
property be changed in land use and zoning to reflect the
demand of the market trend for high technology, office, and
industrial uses. Mr.~Barden said they completed that
analysis and retained other consultants to assist them.
Mr. Barden stated they were here to request the Board's
approval of the land use amendment and rezoning. He had
drawings which reflected' the location of future facilities,
including water tanks. They began the planning for the
project, utilizing the Planned Industrial District or
Development Ordinance. They had a goal to make the park as
self-sustaining as possible and looked at the kinds of
facilities they needed to include on site which would make
it less of a negative impact on the community. Mr. Barden
- 4 -
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
said there are certain kinds of shoppping activities,
restaurants, and hotels which would result in less traffic.
In the central portion of the project, Mr. Barden said
they will install a lake side center, around which they
propose the location of restaurants, retail service facili-
ties, as well as one or more hotels, although they have
alternate locations for the hotels based upon whether or not
the 1-95 Interchange is constructed. They propose the
Interchange with 1-95 at N. W. 22nd if it is determined to
be feasible.
In addition to the commercial uses, Mr. Barden said they
organized the land use internally in such a way that it
coor~tinates itself and buffers itself from the surrounding
resi~tential. Mr. Barden stated that they do not want to
adversely impact those areas, and that is why the Members
could see large lakes or deep buffers. He indicated the
office areas, shown in blue, and the light industrial areas,
which were purple, and the commercial, which were red.
With reference to the lakes, Mr. Barden said they represent
the requirements for drainage, as well as the requirement
for permanent open space as combined with other recreational
space which they have included on site to make the park self-
sustaining for employees and visitors.
Mr. Barden thought the land use and zoning relationship to
the project were very compatible to the area, very well
related, and buffered, so there will be no negative impact.
The project is phased in such a way to relate to available
water and sewer facilities. It will also relate to the
obvious market catalyst, which is Motorola. Obviously, the
front door of the project is Congress, north of 22nd Avenue.
The first phase will be based on ten years of anticipated
construction and will begin generally in the location
immediately east of the E-4 Canal, as well as the office
area that is immediately east of the 20 acre existing
shopping area on Congress Avenue (which is not part of their
project) and immediately north of Motorola. It will
generally move in a planned sequence of plats to be deter-
mined by working with City staff. Mr. Barden showed on the
overlay that it will move south toward the Boynton Beach
Canal and then westward towards High Ridge Road.
Mr. Barden showed where hotels and the related facilities
that go with the hotels may be located and the first
- 5 -
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
commercial area around the lake. The area within the brown area
includes all of N. W. 22nd, a large lake, and approximately 195
acres of total land uses, a small percent of office, retail,
and a large area of light industrial.~
The details of the kind of landscaping they will undertake and
the kind of environmental analysis wil reflect what, they feel
is the need to preserve Lronm on the~site,
as well as to create an office is a i to
work and which meets the demand for new space in area.
The landscaping they will undertake includes a planting
of trees and shrubs within the backbone of arterials hat they
have established within the park, which will meet their pro-
jected traffic demands internally. They~must be recognized as
flexible and tentative until such time as they get in with
subdivision plats and decide what actual size each lot will be.
Their goal is to establiSh large lots (nine acres, more or less),
but the market may also require small lots. If small lots, such
as 1-3/4 or 2 or 3 acres are mn demand, certain collector streets
may be placed between the main arterials, but only if there is
a demand for small lots.
Mr. Barden said more than 40 acres for the preservation of sand
pine is an objective of the plan. Siting of buildings will be
arranged and controlled thrOugh an Architectural Review Committee
established by the developers for the property, and that group
will insure not only environmental protection of the preserved
areas and the animal life by not putting the buildings in these
preserved sand pine areas but will also insure compliance with
energy efficiency rules and guidelines, which they identified
in the development of regional impact (DRI).
The internal seCurity will be organized by the Property Owners'
Association. There will be inter-coordination between the
Boynton Beach Police Department and the security personnel on
site. The security personnel will have internal movement on each
arterial. In addition, ~hey anticipate the need for construction
of bike ways and jogging paths within the project interconnect-
ing the lakes. These will be used for internal security purposes.
In addition, fire protection and fire prevention training will
be a major role of the security force by encouraging each new
occupant of the park to ~rovide the kind of fire protection
facilities which are needed, in addition to coordinating with
the City Fire Department.
Mr. Barden said the kinds of environmental protection they
looked at include the requirement for buffering on the
periphery of the project, which will be much more than the
required 40 foot buffering that the City Code itself requires.
He indicated a residential project and informed the Members that
- 6 -
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
not only is the 40 feet required, but an entire lake system,
which provides strong separation. Not only will they have a
40 foot buffer, but there will be an additional amount more than
that, which will include trees, berm, etc. Mr. Barden thought
the project was well planned and said it was planned in accordance
with the City's Ordinance.
Mr. Linkous noted Mr. Barden mentioned recent developments that
caused it to change. In 1978, they were granted approval for
the 980 single family units. He asked if 30 years meant Phase I
is 10 years; Phase II is 20 years, and Phase III is 30 years.
Mr. Barden confirmed that was correct. Mr. Linkous asked what
made him think that within 30 years this would not be obsolete
since they asked for the change in zoning in 1978, which was
only slx years ago. Mr. Barden replied that along certain
corridors of 1-95, there has been an increasing number of offices
and hiah technology parks created, primarily reflecting a market.
Dr. Manley Voss, who is on the faculty of Florida Atlantic
University, Boca Raton, came forward to discuss the environ-
mental aspects of the property. Below 22nd and along High
Ridge Road, he said there is a considerable old dune system of
sand ridge, which is quite dry. In addition to this system,
there is another ridge that goes from Miner Road and begins to
cross 22nd. There is another little bit of ridge just above the
Boynton Beach Canal in the center of the property. The other
portions of the property that are not the dunes are very low and
are actually prairie (sometimes wet and sometimes dry). How-
ever, there are some areas in the prairie that are quite wet
all year and are called .wetlands, swamps, or marshes.
Dr. Voss told of the history of the area and uses of the
property. Because cattle were run on the ridges, a lot of
trees were taken out. Cattle were not running north of 22nd,
and it is heavily forested.
At this point, in concert with the Treasure Coast Regional
Planning Council, Dr. Voss said they would suggest that they
preserve 25% of the scrub vegetation and use it for wildlife
and native plants. Eventually, it will be upgraded. The other
conservation measure will be the preservation of 25% of the'wet
area. There are about 44 acres of wetlands, which are of low
quality, and 11 acres will be upgraded. Dr. Voss showed that
the lakes are in the low areas. Once they are excavated, they
will plant 11 acres in native vegetation and will plant upland
vegetation around the water vegetation.
- 7 -
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
Tom Powers, Goodkin & Associates, Fort Lauderdale, the Economics
Specialist for the project, said they did the entire market, research
for this industrial Dark. He told of th rowth of South Florida
and said a lot of fi~ms look at t place to ~
Portions of Da!de and Br~
space Which is more ~ :The lent
.ine, and
availability of all types of houses, and Mr, Powers said the avail-
ability of well located land such as they have here is a positive
feature.
They forecasted an approximate 30 year'absorption, and Mr. Powers
said their sentiments will' be along the lines of rather major uses
of space, such as banking operations, business services which will
continue to suppOrt IBM, Motorola, and Pratt Whitney, and some
technology. There will be a lot of economic impact. Over 13,000
new jobs will be created just for the park alone. The demand for
housing, etc. will ripple through the economy. The average
construction employment will be'450 to 600 jobs, depending on what
phase of construction they are in, on an average annual basis.
The total non-construction jobs they are talking about will be
about 13,400.
Mr. Powers informed the Members that the assessed value of the
park is $814,000,000. He reiterated that the demand for this type
of service park space is very great today in South Florida, and
he had no evidence that it would not'be just as great tomorrow
because the growth momentum is coming this way outside of the
region and within the reaion. Mr. Powers thought the park could
play a significant part in: servicing and capturing that demand
and doing it in a very quality way.
Mr. Linkous asked if they thought the plan which they have now
would be obsolete in thirty years. Once the park is developed,
Mr. Powers said it will continue to build momentum
~r. Post added that the site provides a healthy injection of a
different type of development in the city, broadens the economic
base, and one of the things that makes it attractive for that is
the City has and is developing a superior infrastructure to
operate as a City.
Mr. Jim Zook, Kimley Horn & Associates, Inc., 5800 Corporate Way,
West Palm Beach, was introduced by Mr. Post to discuss the
traffic engineering and traffic impact the project would have on
the City.
Mr. Zook wished to impress on the Members that they did a very
comprehensive transportation study for the project, which was
required by the Regional Planning Council. They also spent time
in five meetings with the City's staff (particularlyr Mr.
- 8 -
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
Annunziato) and Charles Walker, County Traffic Engineer, in going
over some of the scope of work. When the market analysis came
in, and they were talking about thirty years, Mr. Zook said
they could not just look in terms of what this project would
mean but what they would ha~e to worry about over a thirty year
period. The tool they used todo their study was the Comprehensive
Land Use Plan provided by the City Staff and the County, as
well as the specific projects that have been approved in the
area, such as the Mall, Motorola, and other major projects.
Mr. Zook told the Members they did two transportation studies:
(1) with an interchange at 1-95, as it is shown on the County's
thoroughfare plan, and (2) without an interchange at 1-95 and
22nd Avenue, which would serve the project, on the grounds that
one has not specifically been approved by State and Federal
agencies yet, Mr. Zook Said that has to take place before a new
interchange is built.
After they completed the study and reviewed it with the staff,
Mr. Zook said they sat down to identify what roadway improvements
would have to be made to handle the traffic and serve the trans-
portation needs the impact of this Planned Industrial Park would
have. They looked at it by phase. In the first phase, Mr. Zook
said there are three specific types of improvements which he
wanted to talk about.
During the first phase, the first thing necessary is four laning
N. W. 22nd Avenue through the project all the way over to Sea-
crest Avenue. This does not include the bridge, and Mr. Zook
said he would talk about that later because that would be part of
an interchange. He clarified that he was talking about the
bridge over 1-95. Mr. Zook said this would be the mcst sianifi-
cant thing done in the first phase. It would be done in phases,
as plats are developed coming in off of Congress Avenue, to
cover what might become the first plat in this area but would be
completed all the way through the project (including all inter-
section improvements, such as turn lanes and other improvements
necessary at the intersection) within five years, which is very
early if you think of it in terms of the 30 year build out of
the project.
Mr. Zook commented that the project is lucky in that Congress
Avenue has just been widened and has an abundance of capacity
right now, but the intersection at Boynton Beach Boulevard and
Congress Avenue needs to be improved during the first phase of
the project. That includes widening out and building dual left
turn lanes. One of the improvements being done there is to
prepare right-of-way maps, construction plans, and providing
money to the County because it will become a County project,
probably through the City, since the City will be in control
of it.
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
Though it is not needed in terms of construction, Mr. Zook said
the next major improvement during construction is to start work
on the interchange, actually from day 1 of approval on it as
far asthe
Mr.
to be
Fed
decision
with just
yard and the
applicant
tion f~
.r
liar
Boule-
studies:will commence by the
isa.
Mr. Zook said those are the three.major the first
phase, type of improve-
ment.
Congress Avenue will need to be
that they talk in terms of "trips" because that is what causes
the need for more roads. He [ e~eryone that the County
is confident that they will be slx Congress Avenue them-
selves and actually requested that. If is not done there,
Mr. Zook said the $900,000 or almost $i, 0,000 will be spent on
the interchange. If the interchange is Mr. Zook said
they~will havE'virtually solved ~he~transportation problems.
He said the Members could~imagine what th~ interchange will do
if they have a six lane Congress Avenue at the interchange.
The third major condition or improvement is, at a point or time
when the interchange is ready to go under construction (let for
bid), to spend another $900,000 on thelinterchange so they
are talking about a commitment of as much as $2,000,.000 towards
the interchange. He reiterated that the studies would have to be
made for the Federal and State Governments to approve the inter-
change. Mr. Zook thought they would approve the interchange,
based on the information from not only the study for this project
but for the County's own thoroughfare plan studies, which have
already identified the need for it on a long range planning type
basis. If an interchange is not approved here, the monies that
would go toward the interchange ($900,000) would then be spent
to provide necessary transportation facilities for the widening
and increase in capacity of certain critical intersections on
Congress Avenue that will be needed if there is no interchange.
No matter which way they go, Mr. Zook said the conditions are
to provide all of the roadway widening and intersection improve-
ments necessary to handle the impact of the project.
Enrico Rossi, Professional Engineer, Rossi and Malavasi Engineers,
Incl, 1675 Palm Beach Lakes Boulevard, West Palm Beach, Florida
33409, said they did the civil engineering portion of the project,
and he was going to discuss the water, sewers, and drainage with
the Board Members.
- 10 -
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
Mr. Rossi said they have been fortunate on this project that
the City has put mn some master mains. Their plans incorporate
a system of lines which will interloop with the existing system.
As the phasing develops, which they envision on the west side
of the E-4 Canal, they will pick up a 16 inch pattern for that
particular phase of development.
Mr. Rossi advised that the project envisions three loop systems.
One is a 16 inch which goes out to High Ridge Road and ultimately
connects to the existing 16 inch, which has presently been built
to the north property line. That connects on to a 16 inch on
Miner Road that ultimately goes over to Seacrest Boulevard and
connects to a master system over there.
Pressurewise, Mr. Rossi said there is plenty of water to serve
the property. The ultimate use of the water is somewhat less
for this kind of development than if it had been developed
into apartments and single family houses with about 2500 units.
The plan of development envmslons not only this main 16 inch
loop system but it also picks up, across the canal, an existing
ten inch line that ultimately goes up through the project.
They also have some ten inch sub-loops. Mr. Rossi said the
backbone system is well covered to cover the entire project.
In the discussion of the system and the phasing of these lines
into the City, he stated that it was agreed by the time the
project gets within five years of development, they will then
be required to extend the 16 inch line to a place he indicated
on the overlay.
Mr. Rossi added that the City will be looking at their definitive
construction drawings as they plan each phase.
Chairman Ryder said the City proposes to have a storage tank
west of Congress on Miner Road, and asked Mr. Rossi what he will
do with regard to distribution, with that in mind. Mr. Rossi
replied that the storage tank is a regional consideration for
the whole network.
The next plan dealt with the sewage collection system. Mr.
Rossi showed the master main along the Boynton Canal on the over-
lay, through which would be their connection to serve the
project. When they get into phase development, there are three
lift stations presently on the conceptual plan. Mr. Rossi said
they had some discussions with the City as to the need for three
and possibly reducing them to two because of the City's concern
for costs in the future. It was agreed that when they start
their first plan of development, they will once more look at
lift station #3, which is the master for lift station ~2, to
see if there will be any way those two can be combined into one.
Mr. Rossi said it was difficult to say at this time, without a
more conclusive study of what the economics are.
- 11 -
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
With reference to the industrial development, Mr. Rossi said it
has been determined that industrial waste that is not compatible
wili require pretreatment. ThiS will be addressed at: that time.
The last plan dealt with drainage, and Mr. Rossi ~at
they were fortunate to have two reCeiving canals (E-
the west, kal tem
developed s.
The
lieS at abou fee~.
Mr. Rossi continued that the original'idea was to hook up to the
highest elevation of 25 feet. There are approximately 70 to 75
acres of lakes, which will act as their pretreatment of any drain-
age flow from the The lakes will have an ou~fali
system and will be one controlled structure. The
system also provides for a flow through of the out pieces that
lie north of 22nd Avenue. The lakes are designed not only from
the standpoint of retention requirements but also from the stand-
point of size so theY will be big enough to handle all of the
project's fill requirements.
The fill wi!l ~be needed to fill in the lowlands. Mr. Rossi said
the average fill elevation will be around'12 feet, and they are
looking at a finished' elevation on the project of around 14
feet. Besides the requirement of pretreatment of drainage water
that will end up in the lake system by coming off of the parking
lots, through grassed areas, into receptacle catch basins,
pipes, storm sewer systems, and ultimately to the retention pond
that is part of the control structure, it is designed to maintain
the one inch run off or the first hour of the three year storm
and is in accordance with the South Florida requirements.
A further requirement was imposed by the Treasure Coast and in
comments by the South Florida Water Management District. They
are requiring double retention systems on this project and all
industrial sites, which means when someone buys a tract for an
industrial site, they will have to be evaluated for run off
characteristics, hazardous waste storage, etc. Mr. Rossi added
that they provided an impervious area in those particular tracts,
which retains the water prior to disposal into the main system.
This would apply to industrial sites and not the office and
commercial sites.
Mr. Rossi informed the Members that they will have a number of
meetings with South Florida Water Management District to work
out a system. The purpose is to launder any water before it
gets from the industrial sites into the main system. Besides
all of that, the Treasure Coast is requiring them to outline
their methods of storing hazardous waste and how they will
respond to problems of hazardous waste. Mr. Rossi said this will
have to be addressed.
- 12 -
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
Mr. Linkous noted that Mr. Rossi mentioned the water consumption
would be much less than if it were residential. Mr. Rossi
advised that they computed it at around 490,000 gallons a day.
If one takes a normal project of 2500 units and makes it into
apartments, one could easily see that would be about 600,000
gallons a day.
If we do not have an interchange on 1-95, Chairman Ryder thought
we would be in~ big trouble on High Ridge Road with traffic coming
from the north. He asked if High Ridge Road is to be widened
just to the city line, above 22nd. Mr. Zook replied that High
Ridae Road will connect through, but they are not proposing to
widen it all the way to Hypoluxo Road. He clarified that they
are proposing to add capacity on. Congress so that traffic can
get to either Boynton Beach Boulevard %o the south or up to
Hypoluxo Road.
In the absence of an interchange on 22nd, Chairman Ryder pointed
out that cars coming from the north will go on to Hypoluxo Road
and try to come down High Ridge Road rather than going all the
way to Congress. Mr. Zook interjected that it is not their pro-
posal that cars go through there because it is a residential
street. Chairman Ryder was trying to point out the importance of
getting the interchange. Mr. Zook also thought the interchange
was important and said that was why it was part of the plan.
However, if it does not happen, they have to have the capacity
somewhere else.
Rather than spend~the money they would spend on the interchange,
Mr. Zook said they were saying to spend it on providing the
capacity for Congress Avenue, Boynton Beach Boulevard, and
Hypoluxo Road to have enough capacity to get to those inter-
changes as opposed to spending it widening High Ridge Road and
trying to run it through residential.
From a transportation planning standpoint, Mr. Zook clarified
that was what they felt was the right thing to do as far as
working with the staff of the City, County, and the Regional
Planning Council. Mr. Post added they are very much concerned
and think the interchange is the first priority in handling the
traffic.
According to all of the studies Mr. Zook made, in that High
Ridge Road does not cross the canal and is not anticipated
to cross the canal. Mr. Post advised it is never going to
carry the north/south traffic other roads would because of the
barrier at the canal.
As an Engineer, Mr. Post dealt with the Department of Transporta-
tion. No matter how hard they work at it, a project like that
is not something that will happen in a couple of years because of
- 13 -
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
the levels of Federal and State.highway budgets that will extend
over a multi-'Tear period. Being realistic, Mr. Post predicted
it would Lke about t n
riding on the'ii
He stated'that t~hey eXpect it:re
to ask if that was with them bearing the cost of the e.
Mr. Post replied it was with their efforts. He said they are not
proposing to :Day for ithe en~ sing
now to put up thelfirst $i ~sary
to justify it.
Mr. Mauti asked where the $900,000 comes into it. Mr. ZOok
replied that is basically after the interchange is approved.
Mr. Post said they are getting ready to write a check for $!200,000
at the outset because this process takes a long time. The ~first
step is the feasibility study, which must be presented to the
Department of Transportation and to the Federal Department of
Transportation to show why the interchange is needed. When
those stages go forth, then 'there is an environmental impact
study, which will follow after the approval of the feasibility
report. At that point, Mr. Post said they need to get some
positive response from the Federal and State DOTs that they will
put up the cash and budget this project.
While they think~it is "a~natural'' for the interchange, Mr. Post
predicted people will say it is not and should not be built. He
thought the facts would sustain it. The money they will put up
as seed money will be the $200,000 initially. Mr. Post
continued that assuming it is still moving forward, the other
$900,000 would be within the next two or three years.
As pointed out by Mr. Zook, Mr. Annunziato said the interchange
has the strength of the County thoroughfare behind it in terms of
concept and long range planning. With the money proposed to
be added to the interchange by Riteco, Mr. Annunziato said it
would not be unlikely that the County, itself, would have an
interest in the project (likely financial) some time in the
future. Whether or not Florida DOT or the Federal DOT is
involved financially in the project, ~e project has significance
to Palm Beach County.
If you take the last re~ort they had for the interchange on
Boynton Beach Boulevard, which was estimated at a cost of
9.6 Million Dollars, $900,000 looked like thirty years away to
Mr. Mauti. Mr. Annunziato said the initial cost estimates for
the interchange have ranged as high as Ten Million Dollars.
Chairman Ryder felt the County would have to see that because with
the interchange, you would go directly into the center. Other-
wise, you would use roads that will be overcrowded, and he
explained.
Mr. Post stated that in no way should they be looked at as being
responsible for building and paying for the interchange because
- 14-
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
their traffic will constitute a small percentage of the traffic
that will use it. Mr. Post said they are proposing to put
about Two Million Dollars towards the interchange, which is
considerably in excess of what their actUal'use of the interch~ange
will be. He reminded the Members that they are putting the money
up front but ultimately, the interchange, as part of the Interstate
system, will hopefully be funded 90% by the Federal Government.
Mr. Mauti said what they were talking as $2,000,000 in liabilities
to Riteco would mean a lot more in assets as far as the project
going through. Mr. Post agreed that the interchange will benefit
them but nothing like paying for the whole thing. He thought
their efforts would be thle catalyst to get the interchange to
happening.
Mr. Linkous questioned whether there was a point Mr. Post could
see in the future where he would curtail or slow down his
development if the interchange was not feasible or they could
not get the money and did not approve it. Mr. Post replied that
their economic planning was based on the research by Goodkin.
Their figures indicated that the project would be projected to
build out in thirty years. Without the interchange, it will be
a slower process. With or without the interchange, the area will
be built up, and sound planning will[.be~'~the fo%mdation of the
direction it goes, which was what the Board was doing tonight and
why they were here. Mr. Post thought the area was being soundly
planned.
Mr. Linkous noted Mr. Post alluded to sound planning and said
sound planning was established in 1978, which was one of the
reasons he brought it up. He assumed this was sound also.
Mr. Gregory asked Mr. Annunziato if there was anything that would
prevent them from escalating the project if there is no interchange.
When one of those points is reached, such as 15,000 trips, Mr.
Annunziato advised that things have to happen. If the inter-
change is not there, Congress has to happen. If Congress is not
there, intersections have to happen. To answer the question,
Mr. Annunziato reiterated that there is nothing to stop the
project if there is no interchange.
Mr. Zook mentioned two other things required by staff. One was
a monitoring program, which starts after a certain number of
acres are developed for a phase of the project. Starting at
that point, they have to count the traffic going in and out of
the project so they will always know when these needs are
necessary as time goes on. That is one important issue that
helps them make these various decisions.
Another important feature or condition is that signalization and
other intersection improvements at the entrances and other lo-
cations are required.
- 15 -
MI~NUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
Mr. Linkous reminded Mr. Zook that he mentioned they would have
to make Possible improvements as the traffic increased. He
as tnt in li ane
be a slx Mr.
lanes.
Mr. Linkous
years, Mr. ~
men~ the
The 000
~ ~y has
things. If~they have
impact
prevail:
T will~spel
:he
,000. I~
ahead, $900,000 goes to the interchange.
expense, five
1,200,000 improve-
study.
further,
other
s to meet their traffic
The same.condition
e ms going
If the interchange does
not go ahead, another $900,000 will be earmarked for various
congestive Lces to the~traffic sY~ [ to counter-
act the it. Mr. Post s ~ hing
they had not mentioned bUt which is inclUded ils
$900,000 commitments escalate in accordance wi~h a Construction
index fit is
money it usted for
inflation to do .ar index.
Assuming 20% has been approved and they are coming back for
another 10%, Mr. Linkous asked if this would have to go before
the City Council for approval before Riteco can proceed with
a 30,000 or 40,000 square foot building. If the traffic is
impossible at that time, Mr. Linkous wondered if that could
be curtailed. Mr. Annunziato did not think the project could
be stopped because of traffic, the way it was being proposed
to the Members. He said this was a consideration which was
raised by the County Traffic Engineer. What will happen is,
when necessary, as indicated by the traffic counts, things
will happen. Mr. Mauti asked who will be responsible for
them. Mr. Annunziato answered that Riteco will.
Mr. Linkous questioned whether it should not be that the
Planning and Zoning Board should approve a portion of it in
order to protect themselves and the City, as they have a
responsibility to both Riteco and the City. Mr. Annunziato
replied that the Planning and Zoning Board can certainly
address those issues.
Mr. Mauti asked if they were just going to widen out 22nd
Avenue to meet the portion of the property which they are going
to develop. Mr. Zook answered that it will be widened all the
way through to Seacrest Boulevard. As part of the first plat,
Mr. Post said they will four lane 22nd Avenue from Congress over
to the entrance of the plat, which will be a small improvement.
The road is very under utilized right now. From there to
Seacrest, Mr. Post said they are obligated to complete the rest
of that within five years. Within five y~ars, the whole thing
will be four laned.
- 16-
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
Mr. Mauti wondered if they should have some sort of bond issue.
Mr. Annunziato informed him that the requirement does not dis-
appear for the four laning of 22nd Avenue. It is triggered by
the filing of the first plat. Within five years of the filing
of the first plat, regardless of the degree of development in
this proposed park of commerce, 22nd Avenue must be four laned
from Congress to Seacrest, excluding the bridge over the
Interstate, which has a lot of different qualifications.
Mr. Post added that was where the five year deadline came in on
extending the water main up High Ridge Road to that collector.
Regardless of the degree of development, they will do those
things within five years.
Mr Linkous asked if 4 ° _ .
· 0~ of the property comprised Phase I Mr.
Post replied that it depends on whether you are measuring it
by acreage or sauare footage. Mr. Linkous was measuring it by
acreage. ~!r. Post thought 40% was a fair amount.
Chairman Ryder pointed out that the Board was to basically
consider rezoning tonight. That did not mean that the Board was
not going to get back on some of the other phases, but tonight
they were to decide whether to go ahead with the rezoning.
Mr. Annunziato wondered if everyone understood the initial
$200,000 and what that is used for. He explained that is an
immediate requirement which brings them to the point of having
either a "Yes" or "No" on the interchange.
Chairman Ryder noted that Mr. Barden mentioned something about
some kind of architectural control from the standpoint of
uniformity, landscaping, etc. He asked if they were going to
have some kind of permanent review board. Mr. Barden replied
that they will have a Master Property Owners Association
established with the approval of the City Attorney. The docu-
ments will be recorded with the first plat, which will establish
a membership of the Property Owners Association. Each new
industry that comes into it will become a member, and they will
be assessed for the maintenance of common areas, includin~ the
overall master drainage system.
Mr. Barden continued that irrigation of the common areas will
be the responsibility of the Property Owners Association or
the private owners of lots. The Association will also estab-
lish an Architectural Review Committee, which will be adminis-
tered by the property owners, using the guidelines which will
set the theme for the building, certain kinds of roof types,
and architectural administration, as well as energy efficient
ideas. The most important will be the preservation of the
environmental and ecological system. They will also establish
the coordination of security.
- 17 -
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
Chairman Ryder asked what roads will be dedicated roads and which
will be private roads. Mr. Post answered that City Manager
Cheney has beenivery persuasive on that point, and they will
go with public streets.
Chairman Ryder said they had to address the Treasure Coast
conditions and the City's conditions. Mr. Annunziato agreed,
adding that then they would move into the public hearing.
Mr. Annunziato said there were two lists of conditions attached
to the memo which he transmitted to the Board. One (Exhibit D)
was the list of conditions composed by the City's Technical
Staff. It was suggested this be modified, based on the
recommended modifications to Exhibit D, which the Board found
before them tonight, The second list of conditions was a
list that was composed by the Regio~nal Planning Council and
agreed to by Riteco as a part of the development of regional
impact process.
Mr. Annunziato said he would read "Exhibit D", and the applicant
could respond. He informed Mr. Mauti that the applicant had a
copy of the exhibit. The following are the comments of Mr.
Annunziato with regard to each condition and the answers given
by Mr. Post:
1. Mr. Annunziato said Miner Road extends through this project
along its entire northern boundary. The Planning Department
recommended that the applicant agree to dedicate the right-of-
way for Miner Road to this property within not sixty (60) days
but ninety (90) days, as modified. This recommended modifica-
tion resulted from receiving the developer's'comments back from
the Planning Department's initial list.
Mr. Post stated that they requested the slight increase in
time but accepted the condition in total.
2. N. W. 22nd Avenue appears in the Palm Beach County Thorough-
fare plan as an arterial also with 108 feet of right-of-way. It
currently exists as a 100 foot right-of-way. Again, Mr.
Annunziato said the recommendation is ninety (90) days as opposed
to sixty (60) days.
Mr. Post accepted that recommendation.
3. This~ referred back to the Regional Planning Council's
comments about the 40 acres of scrub habitat that must be set
aside. Because, if this is approved, the City of Boynton Beach
will be responsible for the enforcement of the Development Order,
in developments of regional impact, Mr. Annunziato said there
will be three Ordinances, if approved, which will govern the
approval of this project. There will be a Rezoning Ordinance,
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
an Ordinance to amend the Land Use Element of the Comprehensive
Plan, and an Ordinance to adopt the Development Order. The
Development Order, as Mr. Annunziato has seen them, includes
findings of fact, conditions of law, and a list of requirements
which are imposed on the development. One of those is to set
aside these 40 acres.
As the local government issuing the Development Order, Mr.
Annunziato said the City is required to enforce those conditions
imposed. Therefore, the City is asking that within one hundred
eighty (180) days, as modified by the applicant, that the appli-
cant provide for the City legal descriptions of those areas
which have to be set aside. Mr. Annunziato said this is to
remove the continued responsibility for adding up the acreage
over the 30 or 40 year build out of the project to arrive at a
conclusion when it is all over that 40 acres have been set
aside.
Mr. Annunziato informed Mr. Linkous that one of the conditions
of the Regional Planning Council is that the applicant perform
an Environmental Management Study in connection with the Regional
Planning Council and the City. This study will determine where
and what size the 40 acres should be. It is sort of an ecological
study and, once determined, it will then be described legally
and submitted to the City.
Mr. Post commented that Mr. Annunziato had explained
very clearly why an area has to be specified. They asked for
the additional time because it will take considerable time to
pinpoint the areas to be preserved because they are to preserve
40 acres out of a total of about 160, as they are required to
preserve 25%. There is a matter of choice and selection of
which 40 acres are going to be preserved. Once that is decided,
on the basis of the ecological studies and the animal habitats,
~r. Post said they will have to prepare legal descriptions of
where the parcels are. He concluded by saying they will be
happy to comply, but it will take a little time.
Mr. Linkous kept questioning whether it would be the southeast
corner, and Mr. Annunziato replied that he thought generally,
that would be the location because it is generally the scrub
habitat, although he did not think it would be in one piece.
Mr. Post informed Mr. Mauti that it will not be in one piece.
4. Mr. Annunziato read the substituted language, which said
the developer would provide, for the City's approval, documents
which would specify the nature or the responsibility for the
continued maintenance and preservation of the 40 acres of scrub
habitat set aside. At this point, Mr. Annunziato said it is not
contemplated that these 40 acres will be maintained by any
public entity. Because the City is responsible for the
continued maintenance and operation of those facilities,
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
at least legally, Mr. Annunziato said the City will be responsible
for reviewing the documents that dedicate these scrub habitat
areas to the Property Owners' Association. The City wanted to
reserve unto its~
with respect to enforcing any Development
approved as a result of this process.
Mr. Post understood what was being required and'said they
were in agreement.
Mr. Gregory asked if the 40 acres that will.be set aside will be
based upon a study that will be made and will not be a random
decision.
Mr. Post replied ~that they are obligated by the Reglional
Planning Council to preserve 40 acres. "preserve" means you
have to leave it like it is and ~provide a habitat for animals,
etc. There are more than 40 acres on the project, and they are
going to study the aerial photos and pick out 40 acres. Mr.
Post stated that they are going to try to get double duty out
of it and use some of it for required setbacks. One way or the
other, the City will have parcels aggregating 40 acres, all of
which will be large enough to maintain and preserve the sand
pine, scrub, and animal habitat. Mr. Post said it will~ be a
rectangular parcel.
5. Mr. Annunziato said an Ordinance which requires a non-recrea-
tional civic dedication ofland, land and dollars, or dollars will beone
of the items which will appear on the next Planning and Zoning
Board Agenda for the purpose of enhancing the City's capital
facilities plan and for the purchase of non-recreational
facilities and equipment to be used to serve new facilities in
the City. Mr. Annunziato asked the Members to recall the
Melear approval with the five acres that were required to be
dedicated. One of the pledges the City made was to look into the
adoption of an Ordinance to be put into the subdivision regula-
tions.
Mr. Annunziato said what the Members saw in ~5 was that
Ordinance as it applies to address this particular development.
The applicant has responded by saying there may be some problems
with the legality of the Ordinance, as initially drafted. The
applicant also said they are in full agreement with the concept
of a civic dedication Ordinance, and Mr. Annunziato said the
applicant has agreed to submit their comments to our legal
staff to help us buttress our Ordinance so that it is one that
is enforceable.
In lieu of ~5, Mr. Annunziato was asking that language be
included that says the Planning and Zoning Board recommends
approval Of item 5 in concept and forwards it to the City Council
as proposed. Hopefully, by the time the Council has its
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
November 8th hearing on this development of regional impact, the
Ordinance will be in a more sufficient form.
Mr. Post clarified that they have reservations about the
legality of it because it is their understanding that impact fees
are supposed to relate directly to your impact, and you are
supposed to pay for the impact you have caused. Mr. Post stated
that they are perfectly willing to do that and as long as the
Ordinance is held to be fair and legal, they will abide by it.
He said it is that simple.
Mr. Linkous knew that he had objected strenuously at the time they
took five acres from Melear. He asked if it was true that was
possibly illegal. Mr. Annunziato did not think it was illegal and
thought the concept was becoming more and more legal now with the
Supreme Court acting on the impact fee. He referred to cases which
support different kinds of impact fees and District Court of Appeals'
rulings on recreation fees in Broward County and thought this was
something the Board would see more and more of. Mr. Annunziato said
the important thing is to have an impact fee that is measurable, i-
definable, and easily accessible to the project. He thought the
accessibility was really what the applicant was talking about.
#6 concerned the construction of water mains and the timing of the
construction of water mains. Mr. Annunziato read the substitute
language, which the Planning Department suggested. Mr. Rossi
pointed out the locations on the water plan map of all Phase I
utilities if development commences east and west of the E-4 Canal.
Mr. Annunziato explained that what they were saying is if the
project commences west of the E-4, there are improvements that
have to occur which are part of the total Phase I improvements.
(They supplement the Phase I improvements.)
Mr. Rossi said they went ahead and put a force main across
there in coordination with the construction that is out there now.
Mr. Post accepted ~6 but wished they could "grumble" about
it.
7. Mr. Annunziato said this concerns the potential of saving the
City some long term expenditures. In lieu of the language in
Exhibit D, the Planning Department suggested the language in the
memorandum from Perry Cessna, Director of Utilities, to Carmen
Annunziato, Planning Director, dated October 23, 1984, which Mr.
Annunziato read.
At issue here is lift station ~2, as it appears on the plan.
Lift station ~2 is basically west of High Ridge Road on the south
side of 22nd Avenue and serves those areas east and somewhat north
and south on High Ridge. Mr. Annunziato said that Mr. Cessna sees
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH., FLORIDA
OCTOBER 23, 1984
a potential, because of the existing contours, for eliminat-
· to
collect t ft statJ ~2.
Chairman Ri
new construction.
ked if an
Annun is
Mr. Rossi had no problem with it.
8. Mr. Annunziato read ~8, which remains as originally pro-
posed.
Mr. Post remarked, "Right."
9. The Planning Department suggested that the utility ease-
ment be changed from twenty (20] feet to twelve (12) feet.
Mr. Annunziato said one of the problems the City now has as
a municipality is the lack of water to serve Curt Joa and
the rural facilities on the south side of High Ridge Road at
the Boynton Canal. This developer will be extending water
to that site. However, in order to provide proper protec-
tion, it is the Planning Department's feeling that water
system should be a loop system. The city will provide the
opportunity for Curt Joa et al to loop back along the
Boynton Canal and tie back into the water main which will
cross the Boynton Canal, giving them a loop system over the
easement. Obviously, Mr. Annunziato said the easement is a
requirement.
Mr. Post agreed with that.
10. Mr. Annunziato read ~10.
11.
Mr. Post agreed.
Mr. Annunziato suggested paragraph "(b)" be eliminated.
12.
Mr. Post agreed.
This paragraph was read by Mr. Annunziato.
Mr. Post agreed.
13. Mr. Post agreed, after hearing the paragraph read by
Mr. Annunziato.
Mr. Gregory was informed by Mr. Annunziato that the City
will do the maintenance.
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
Mr. Post recalled that was the one in which they had a
lot of discussion and what convinced them to make all of the
speeches. He added that City Manager Cheney made a speech
and convinced them.
14. Mr. Annunziato substituted a letter dated October 22,
1984, addressed to Peter Cheney, City Manager, from Wade
Riley, Vice President, Riteco Development Corporation. Mr.
Annunziato said the letter evolved around the existence of
the Fraternal Order of Police Association site, which is the
City's park located in what potentially would be the south-
west corner of an 1-95 interchange at N. W. 22nd Avenue.
Mr. Annunziato said it is now where the Police dogs are
trained, and a shooting range is under construction. It is
not heavily used as a public facility but would eventually
be heavily used.
Mr. Charles Frederick, Director of Parks and Recreation,
suggested the need for a northern district park at some time
in the future. The applicant objected to it. However, Mr.
Annunziato said the City was able to prevail upon the appli-
cant, with good reasoning, the potential for doing something
which the City believes will enhance the project and the
City's ability to have a northern district park.
Mr. Annunziato said this evolves around the exchange in
value of the FOPA site which, because of its location with
respect to this park, could possibly be converted to more
acres than it currently exists in. The FOPA would be re-
located to an area which better serves the city and can be
utilized by the park of commerce as a buffer to residentially
zoned property.
Mr. Annunziato said there are obviously good reasons for
moving the site: (1) From the public's point of view, if
there is an interchange, the return to the public in terms
of taxes paid with an intensely developed site like that.
(2) Because of its location, it could probably be converted
to the advantage of the City.
Mr. Annunziato added that will involve a review by the County,
The requirements on the deed are if it is not used for
public purposes, it would revert to the County. Mr.
Annunziato did not see that as a problem. Mr. Gregory asked
what the value was equivalent to with respect to the 17.6
acres as opposed to what the acreage is for the FOPA site.
Mr. Annunziato replied that they would have to make some
appraisals. At this point, the value is not known. Because
of the location, if the park is approved, its value would
increase significantly.
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, ~FLORIDA
OCTOBER 23, 1984
October 22, 1984.
Mr. Annunziato said the City is hoping that between now and
the adoption of any Development Order (if there is to be
one), some more substantial language will be developed.
Mr. Post st:ated that the prepared to move ahead on
that concept, which was why the~ ~ote the letter. They
thought it was clearly to the City's benefit and not detri-
mental to it.
15. Mr. Annunziato advised that these were considered to be
recommendations, which emanated from Craig~Grabeel, :Energy
Coordinator and Special Projects Officer of the City,
16. Mr. AnnUnziato read 916.
The Board took an intermission at 9:35 P. M.
At 9:45 P. M., Chairman Ryder called the meeting back to
order.
Chairman Ryder understood that the applicant was in accord
with the conditions-that were suggested by the Treasure
Coast. Mr. Post affirmed Chairman's Ryder statement.
Chairman Ryder did not see any need for the Members to go
through that. The Members agreed.
Chairman Ryder asked if anyone wished to speak in favor of
the request.
Don Zyto, Vice President and Senior Banking Officer, Barnett
Bank, who resides at 10790 Green Trail Drive South, Boynton
Beach, informed the Members that he is now the President of
the Greater Boynton Beach Chamber of Commerce and was repre-
senting them.
Mr. Zyto said representatives of the Economic Development
Committee of the Chamber of Commerce studied the DRI report
and believe the approval of the application for development
is in the best interest of the citizens of the City of
Boynton Beach and its reserve annex area.
Mr. Zyto told of the Chamber of Commerce's work in the past
five years to help businesses and industries and said good
sites for locations have been hard to find in Boynton Beach.
He referred to Boca Raton and the Arvida Park of Commerce
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
and said now the Boynton Beach Park of Commerce, by Riteco
Development Corporation, will finally provide Boynton Beach
with an outstanding building site in a well designed, pleas-
ing park environment planned around water as a recreational
element.
Mr. Zyto gave the estimated numbers of new job creations and
the amount of ad valorem taxes to the City. He added that
there are also impact fees to improve, widen, build, or re-
build transportation arteries, money to expand City govern-
ment service centers, new buyers for new dwelling units,
etc.
Mr. Zyto concluded by saying the Chamber of Commerce urges
the Board to recommend approval to the City Council. He
also told the Members that the interchange at 1-95 and N. W.
22nd Avenue is now the 91 priority of the Transportation
Committee of the Chamber of Commerce.
Carl L. Terwilliger,-1602 N. W. 23rd Street, Boyn~on Beach,
works for the Division of Plant Industry, Department of
Agriculture, is President of the Broward Native Plant Society,
a Member of the Palm Beach County Native Plant Society, and
a Member of the Audubon Society.
Mr. Terwilliger said many of the Members of the Societies he
represented could not be present. He felt the plans were
very good because 1/4 of the scrub area would be preserved.
Mr. Terwilliger thought 40 acres was a good start and said
this is the only area where people are interested in this
kind of habitat and where people can study birds and native
plants other than Jonathan Dickinson Park. The Societies he
was representing will use the site.
Mr. Terwilliger proposed that thought be given to increasing
the 40 acres and that the Board especially take into account
the area to the north of 22nd Avenue, which is fairly un-
disturbed right now.
Bill Fruth, 59241 Longbow Lane, West Palm Beach, Executive
Director, Palm Beach County Development Board, Inc., told
the Members the Board he represents is the designated group
by the County Commission and State Department of Commerce to
recruit industry for Palm Beach County.
Mr. Fruth stressed that there is a need in the County for
more well planned industrial parks. The reason Palm Beach
County has not been successful in recruiting high tech
industry until recently was because of the availability of
- 25 -
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 23, 1984
P~ .ned. Mr and
term
like these will~ create a better end prodUct for the Co~
Mr. Fruth
suppc basi~
is a w~
osed,
As no one else,wished to speak, Chairman Ryder declared that
THE PUBLIC HEARING WAS CLOSED.
Motion as to %1
Chairman Ryder reminded the Members these are the presently
zoned residential areas.
Mr. Mauti moved to approve the request, subject to all of
~the Boynton Beach comments in connection with the Treasure
Coast comments. Mr. Pagliarulo seconded the motion and the
motion carried 7-0. '
Motion as to %2
Chairman Ryder told the Members this pertains to the ar.ea.
that is currently zoned M-1.
Mr~ Linkous moved to grant the request for rezoning from
M-1 (Light Industrial) to PID (Planned Industrial Develop-
ment), subject to the requirements of the City and the
Treasure Coast Regional Planning Council. He informed Mr.
Terwilliger that 80 some acres have been set aside for what
Mr. Terwilliger was talking about. Mr. Mauti seconded the
motion, and the motion carried 7-0.
ADJOURNMENT
There being no further business to come before the Board,
the meeting adjourned at 9:58 P. M.
(Three Tapes)