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Minutes 11-08-84 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 ABSENT Peter Cheney, City Manager Betty Boroni, City Clerk James Vance, City Attorney 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- tic~lar 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 ~he development of regional impact of the Boynton Beach Park of Commerce--in this instance, the comprehensive development of regional impa~t, 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 amen. iment and rezoning. Great portions of the subject area are currently zoned for single family or other purposes. The applicant is requ~sting~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 rezo~ed 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 ~ID, 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 southeast is Boynton Beach Industrial Park which is zoned M1, to the south is Laurel Hills 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; offices, 128.9 acres; light industrial, 254.7 acres; lakes and wetlands, 82.2 acres and roads, 46.5 acres. There are Planned Industrial Developments, an item specifically talked about within the confines of the comprehen- sive plan, which says, "Future designation of planned industrial ricts in the areas indicated for residential or other uses on the use plan shall be considered to conform with the land use plan if all ID locations and design criteria are satisfied and upon approval by Planning and Zoning Board and the City Council." There are two kinds of standards listed, referring back to the zoning code. The fiirst set concerns the relationship of the building to a specific silte--not the subject of this discussion, as that refers to individual siite design criteria. The second concerns the relationship of the PID to the surrounding city intra-structure systems. The first of these is the locational criteria--the relationship of the proposed project transportation facilities. As proposed, the Boynton Beach Commerce is served directly by N.W. 22nd Avenue and per by Congress Avenue, Hypoluxo Road to the north, Boynton Bea Boulevard and Old Boynton Road to the south, Miner Road is pro- , High Ridge Road is existing, and proposed within the applica- for development approval is an interchange at 1-95 and N.W. 22nd All of these thoroughfares appear in the Palm Beach County Plan. 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-SPECIAL CITY 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 Planning Department, the Technical Review Board and the Planning and Zoning Board appears as Exhibit D attached to this meeting's agenda. Also cited is a list of recommendations from the Regional Planning Council to their comments. Additionally, the Planning and Zoning Board points out for the Council's edification that the City Council has to, in its con- sideration of this comprehensive development of regional impact, con- sider the following: Does the development unreasonably interfere with the achievement of the objectives of the adopted state land development plan for the area? 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 1 of the Planner's presentation which says, "This item is rec~o.~mended, 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- men~ 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 OF COMMERCE BOYNTON BEACH, FLORIDA NOVEMBER 8, 1984 -Mayor Zimmerman asked that the developer give his name and address and introduce their presentations. Mr. Bud Post, Project Director, said Riteco has owned the property in question for many years. About five years ago they presented a plan for a residential project, but for a number of reasons elected not to go forward with that at the time. He said they think now that this Park of Commerce is a better, wiser and more appropriate use of this land, and they think it will be a very successful project for the City, as it is a good, sound development project. He said they have hired the best consultants they could find--the economic studies have been done by Goodkin Corporation, the engineering was done by Ric Rossi, the traffic studies were done by Kimley-Horn and Associates, the land planning by Roy Barden Planning Group and the attorneys for the project are Moyle, Jones and Flanigan, who are represented here tonight by Mr. David Presley. The environmental concerns have been dealt with by Dr. Manley Boss and his team of environmental con- sultants. Mr. Post said they would propose that the consultant for each of these five major areas of the project make a brief presen- tation to the Council, and at the conclusion of these presentations, they will respond to questions. He introduced Mr. Roy Barden, the Planner, to give an overview of the entire project. 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 changes taken by the City and the advice of the Planning staff to establish the Motorola high-technology plant and the Mall, as well as other planned industrial development districts to the north of the Riteco property and the existing industrial area that borders 1-95 to the south. As a result of their analysis, he said they recommended strongly to Riteco that they change the land use from residential and a mixture of various districts, which have been described, to a planned industrial district and that they develop it as a high- technology park--Wot as an industrial park with warehousing, but as a mixture of a nearly self-sustained group of uses. As the Traffic Engineer will point out later, by mixing some of the uses that are generating traffic off-site, we overcome some of the negative impact by ~eeping 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 zoning in the area came about through the planned unit type of development created for Sandhill. The 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 ~amily. 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.Wo 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 10 percent allowed. He said they tried to do a good job of land use planning within the parameter of our PID ordi- nanQe by protecting the boundaries that have residential uses adjacent to ~hem 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 (~nd Congress Avenue). Along N.W. 22nd Avenue they propose office ~ses, 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- nolouy of light industrial usage. Bordering and wrapping around the ligh% industrial center would be light industrial usage. A large lake, both for drainage and buffering the residential area from the )ffice sites, has been proposed with 50 or 60 acres of wetland pres the mast. futul on ti full' has ~rvation. Mr. Barden said they think the land plan not only fits intent of the PID, but takes it a step further and commits by ~r plan, as required, a concept of uses which is the guide for ~e reviews by our staff. Some of the roads shown by dotted line he drawings may not be built unless the area around them becomes developed and there is a need for them. The arterial network )een 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 ~treet 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, FLORIDA 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 that these areas are left intact. Mr. Barden concluded by saying they believe their approach to the land planning is not only in conformance to the City's goals of the land use plan but also in conformance with the broad economic objectives of Boynton Beach. He introduced Mr. Maurice Drooper of Goodkin Research Corporation to review the economic planning, timing, mix of land uses, etc., that they have proposed. Mr. Drooper said his firm was involved in the market feasibility study and economic analysis aspects of the report and did a comprehensive survey of 19 major industrial parks in Palm Beach County, which occupied over 3,000 acres. They surveyed over 4.9 million square feet of office space and did an in-depth economic analysis of population developments in the County and the Boynton Beach area, as well as employment trends. They evaluated the site and feel very comfortable with a mixture of high-quality office, research and high-tech develop- ment. There are certain external success ingredients that are well served here; the site enjoys a comprehensive transportation system--a critical external success ingredient; it is close to a high population growth area, which provides an important labor source and local market; there is a good availability of both executive and moderately priced housing. The site enjoys good visibility; it has rail service. The environment in the immediate neighborhood is of high quality, with Motorola and the Boynton Beach Mall and all of the important spill- over effects this will establish. Our anticipated absorption rates in terms of occupied acreage--not land sales, but buildings that occupy land--is 12 to 16 acres per year, which is comparable with 'the suc- cessful industrial parks operating in South Florida and other regions of the state. Therefore, we are looking at about a 30 year absorption 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 $8.7 million. Next Mr. Post introduced Dr. Manley Boss to explain the environmental concerns that have been raised and what they propose to do about them. 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 prairie 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 of 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 will be preserved around the lakes. Wetland vegetation will be planted along 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 - 7 - -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 five years after approval, which is five years ahead of completion of the first phase and the need for it to be there. Regarding the interchange proposed for 1-95 at N.W. 22nd Avenue, there are plans for initiation of the major studies that will be required. Interchanges on interstate systems do not just happen even when a developer is willing to contribute a couple of million dollars toward that interchange; they require coordination of the State and Federal Departments of Transportation in terms of showing justification, feasibility, etc. Based on the transportation study done for the DRI, there is little doubt that it: will be justified and is feasible, but certain studies meeting the criteria of the State and Federal govern- ments mus~ be done on the interchange. That would be done during the first phase or 10 years of the project. Traffic counts will be made, monitoring the traffic being generated by the project, to determine the traffic impact, and when it begins to generate 15,000 external trips, another major roadway improvement Will be required. Depending on developments and studies made by that time and if the interchange has been justified, $900,000 would be provided toward the implementation, development and construction of the interchange. As an alternative to this, if the 15,000 trips have been reached and Congress Avenue has not yet been widened to six lanes, although the County has indicated that it would be six lanes by that time, the $900,000 would be spent to widen Congress Avenue to six lanes. Beyond that, after Congress is widened, another $900,000 would go to the interchange. In the event the interchange is not approved, the $900,000, instead of being spent on the interstate, will have to be spent on major intersection improvements to handle the traffic impact that will be on other streets instead of using 1-95, basically on Congress and Boynton Beach Boulevard to get to the interchanges that do exist with 1-95. 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 the City 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 Ks 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 be an 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 waiters 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, whlich 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 with 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 their approval, plus 16 additional conditions recommended by the City staff. All of these conditions, to which the developer has agreed, are contained in the -proposed development order, which he said the Council members should have before them. He then invited questions from the Council. Councilman Cassandra asked if the PID is approved, will the city codes of today hold 30 years from now when the project is expected to be completed, or will our code change as well as our PID definition. If the code changes, will the developer be required to honor the new code? Mr. James Vance, City Attorney, said essentially a DRI is an expensive undertaking; a fair amount of money has been invested by the developer to this point. The state DRI plan envisages that, if someone goes to all of this trouble, when they receive approval, they receive something that gives them a vested right--something they can count on; however, with respect to a building code, they would have to comply with the code as it exists at the time they apply for a permit. if they receive DRI approval, they get a deVelopment order, which will be approved by the City Council as it sees fit, which will give them certain vested rights, basically this project for its eventual deve- lopment and buildout. Mr. Cassandra asked if this means that, if he is unhappy with some of the possible high-tech industry that may come in, he must put in that stipulation before he approves this. Mr. Vance responded that the DRI approach does not really relate to any particular given use. In response to Mr. Cassandra's comment that he is concerned about a spe- cific g~ven use, Mr. Vance answered that he thinks he has a problem with DRI's. Mr. Cassandra expressed his concern for the citizens of Boynton Beach as they--not DRI--live 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-family zoning classification, and the City parcel of land is zoned R1-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 ~eview 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- - 10 - 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 in general the laws relating to toxic waste are in a state of con- fusion, and this is 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 rela~ing 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-l, 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. He said he has seen these problems in other communities which were not controlled. Before we give approval, he would like to have a report from the applicant stating what toxic waste or toxic material he will be involved with; then the City could decide if they want it here. Mr. Post answered that under the State law now, anyone producing toxic waste is required to make reports to the Department of Environmental Regulation, so the City would know all about it. He said identifying potential toxic waste could be part of the building permit process. The question of improvement to Seacrest Boulevard was raised by Mr. Cassandra, who mentioned that other major roads in the area have been addressed, but not Seacrest, which will have the fallout of traffic that will come due to the project. Mr. Zook answered that N.W. 22nd Avenue would be widened all the way to Seacrest, and Seacrest is to be widened north and south of N.W. 22nd Avenue as part of the project, and that intersection is to be expanded. He said the 1-95 interchange improvement will widen the bridge, which might otherwise be a bottle- neck situation. Mayo= Zimmerman referred to the potable water situation in the area, stating there are no city wells in that location, and the proposal is for a double retention system of runoff--the primary system and the lake system--before it runs into the canal. He said the City is con- side~ing taking water out of the Boynton Beach Canal for use, which would be receivin~ runoff from this area, and he wondered what the effect would be. Mr. Rossi said he is aware there is a feasibilit ' ~_ ~: .............. y study being done by unu uaty os =ne posslDlllty of having reverse osmosis with micro- filtration and d~awing water out of the Boynton Canal at some point. He said he discussed this with the South Florida Water Mana · . . gement D~strlct, and their response was that the Boynton Canal is a drainage 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 interDlav between thi ' . _ . ~ ~. s project and the South Florida Water Management D~str~ct and are takin it into con- sideration, g 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 well 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-16 basin decided to cut the allowable runoff in half. The original report came out before that June date; subsequently, they have been furnished with the restricted flows, and they have accepted this latest report. Mr. Cassandra asked within what percentage of tolerance we would be of the allowable percolation formula for this size of area, considering that a portion of the 540 acres would be covered with concrete and would 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 in the State's interest and involvement, and one of the things the State is now doing is taking an inventory of 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 prod6ce toxic waste, that will have to be addressed at the time and see what controls there are. He anticipates a lot of State effort in the ~ext year or two. Mr. yance said any legislation or rules 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 100 year flood stage, which the Federal Emergency Management Agency map indicates is 11 feet. Mr. Post answered that the drainage design calls for minimum floor elevations of 14 feet and minimum road elevations of 12 feet. Mr. Post said that Riteco has always tried to be a good corporate citizen, and they will comply wholeheartedly with whatever regulations are developed by the City and/or the State for toxic waste. Mr. Vance said Mr. Post had referred to the draft DRI statement and indicated the Council had it in front of them; he said they do not have the Development Order. 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 Board as modified by the Board and a set of requirements imposed on the development by the Regional Planning Council, both of which are included in the Planning and Zoning Board's recommendation to the City Council. The applicant has agreed to comply to all of these requirements, 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 alternative approach 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 applicant agree to accept the numbers developed in this study. This gives the applicant a choice, and Mr. Vance asked for the applicant'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 Riteco 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, 1984 ~impact. 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 an 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 - 15 - · 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 be as fair as possible; that is why this individual, whom the developer knows to have done a lot of work in this area, was contacted regarding the study. Mr. Cheney said we could have proceeded with a development order on this project and never raised the issue of civic dedication now, and whatever ordinance we passed in the future, assuming it is legal, would apply to this project without any pre-notice. In order to assure that everything we are doing is up front, we addressed this issue in the staff reports so the developer would know that we are working on a civic dedication ordinance that will pass and would be applicable here--there would be no surprises. We are trying now to work out something that will make sense to everyone, and he believes the study will make sense. We will have in some way a civic dedica- tion ordinance. 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 area as it applies to the City. Whether or not the developer agrees with 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 say that differen- ces of opinion arise frequently, and that does not bother them. Mr. Cheney said the City received no response from the developer 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 usin? 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. Vanc~ said any funding would go directly 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 22, 1984. He read the letter from Mr. Riley, which is based on discussions regarding a 12 acre piece of land located at the intersec- tion of N.W. 22nd Avenue and the Seaboard Coast Line Railroad. Mr. Chen~y said we acknowledge that this is a piece of property the City got !rom the County at one time and that there is a reverter clause on it. After studying and thinking about this, they think the County woul[ probably be willing to give up the reverter clause on that piece of l~Ln~ and substitute it for another piece of land. He said he wants the ~'ecord to show they want to pursue that matter and see if it can be w~irked out, as there is the general feeling that the City and the devel ~pment 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 ~o 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. Mayor Zimmerman said they would like the public to know that they would have a chance to give their opinions in the discussion after the short intermission. There was a brief intermission at 9:30 p.m. Mayor Zimmerman called the meeting back to order and said we have a report the developer is ready to give their position, and 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 that the administrative procedures will continue while the study is being made. Mr. Cheney said in addition to the Riteco project, which possibly could be an agreed-to thing, this 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 to abide by the recommendations of this study. He recommended to the Council that, if this results in a DRI approval, the City credit back to 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. Post 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 rapidly 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 - 18 - ~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 filied 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 i~erests of the people and the City of Boynton Beach; therefore, I urge this City 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 Mayor Vice Mayor ~~~nci lman Councilman ATTEST: City Clerk ~~'~~~r eta ry (Two Tape~) Councilman - 20 -