PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

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1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: PDD/DOA Control No.: Applicant: American Equities Ltd No 6 International Trade Center Llc Owners: American Equities Ltd No 6 International Trade Center Llc Agent: Broad and Cassel - Clifford I Hertz Telephone No.: (561) Project Manager: Carrie Rechenmacher, Sr Planner Location: Located on the north side of Beeline Highway and the east side of Seminole Pratt Whitney Road (Florida Research Park aka Palm Beach Park of Commerce). Title: A Development Order Amendment Request: An Official Zoning Map Amendment to a Planned Development District. Rezoning from the Light Industrial (IL) Zoning District to the Planned Industrial Park Development (PIPD) District. Request: To add land area (80 acresapproximately), reconfigure master plan, redesignate land uses, add access, and extend build out date. Request: Substantial Deviation Determination. APPLICATION SUMMARY: Proposed is a Development Order Amendment for the Florida Research Park (aka Palm Beach Park of Commerce). The 1,244-acre subject property is an existing industrial and commercial Development of Regional Impact (DRI) that was approved by the Board of County Commissioners as a Planned Industrial Park Development (PIPD) on January 26, The property owner is proposing to reconfigure the master plan by adding approximately 80 acres in the northwest portion of the site, providing a total 1,323 acres and an additional access point from a new 80 foot right-of-way and redesignating acres from utility to general industrial. The property owner is also requesting to extend the build out for 7 more years from 2014 to December 31, The site is currently approved for uses allowed in a Planned Industrial Park no change in permitted uses or additional square footage is proposed with this request. access points to the site will remain from Beeline Highway (1 existing and 1 proposed) Pratt Whitney Road (1 existing) and 1 additional access point from the newly created 80 foot right of way along the northern portion of the PIPD. With this application a total of 4 access points to the site will be provided. ISSUES SUMMARY: o Consistency with Comprehensive Plan The Planning Division has determined the proposal is consistent with the site s Industrial (IND) Future Land Use designation. The request is also consistent with the maximum Floor Area Ratio (FAR) of.45 for a site with an IND FLU designation and the density and intensity provisions of the Palm Beach County Comprehensive Plan. 93

2 A portion of the subject property is located within the boundaries of the United Technologies Corporation Protection Area (UT) Overlay and is part of a Limited Urban Service Area. Planning staff reviewed the request and found there to be no inconsistencies with the provisions of this Overlay or the LUSA. However, Staff advised the applicant that FLUE Policy 2.7-d of the Comprehensive Plan expressly forbids the following uses within the UT Overlay: residential (excluding Caretakers quarters); hotels, motels; medical and dental offices; and, hospitals or medical centers. See Planning Division comments for additional information. o Compatibility with Surrounding Land Uses Undeveloped land with Conservation Future Land Use designations (a.k.a. Pine Glades Natural Area) is located to the north of the site. Single-family residences; orchard groves and parcels of land with cattle farming activities are located to the south, across Beeline Highway. Single-family residences of the Jupiter Farms and Caloosa subdivisions are to the northeast and east of the PIPD. Vacant land with Conservation and RR-20 Future Land Use designations is to the west of the site. Under the original approval of this PIPD, there is a 900-foot wide Limited Development Zone (LDZ) established along the residential property lines of the project. The intent of this LDZ is to restrict certain types of uses from being located in close proximity to the adjacent residences. This LDZ will remain in its location and will not be affected by this request. Subject to the existing and recommended conditions of approval, staff does not anticipate this existing PIPD will create any negative impact to the surrounding land uses. o Traffic Revised traffic studies shall be submitted with each proposed site plan application to determine concurrency requirements. The Traffic Division has determined that the project at build out will generate 5,695 AM and 6,968 PM Peak hour trips from the petition As a result of the request for a build out date extension, a number of additional conditions of approval requiring phasing for traffic were added. Subject to these conditions staff does not anticipate a negative impact from this request. o Landscape/Buffering The current ULDC requires a 25-foot perimeter buffer be provided along the PIPD boundary. There is no buffer requirement under the original approval, however a 25 foot buffer is indicated adjacent to Beeline Highway and the new perimeter adjacent to Pratt Whitney Road. All interior parcels are required to comply with the current ULDC landscape code provisions, and subject to the approval by the Development Review Officer at final site plan for each parcel. Staff has recommended a new landscape condition requiring the new north and westerly 25 foot perimeter buffer and interior right-of-way buffer to be upgraded to provide a minimum seventy-five (75%) percent of canopy trees as native and provide an increase in size and height for the canopy trees at installation. An alternative landscape plan may be provided meeting or exceeding these requirements and credit may be given for existing or relocated trees provided they meet ULDC requirements. A second landscape condition is recommended requiring the property owner to provide a phasing plan prior to final DRO approval master plan, the plan shall indicate replacement of all dead and missing plant materials on the entire subject property prior to January 1, 2014, or eight years from time of this request. A minimum 75% of the replacement trees shall be native and phases are to be established providing a maximum of 6 phases with a minimum of 15% per phase. This would provide a reasonable amount of time to come into compliance with current Code requirements phased over an eight year period of time. 94

3 o Concurrency The County s traffic concurrency exemption record assumes 6.5 million square feet of mixed industrial and commercial uses and a build out date to Any future application for development that exceeds 6.5 million square feet or extends the build out date requires a Development Order Amendment to address the full impacts of square footage and extended timeframe for all concurrency providers. o Project History Petition : Approval of the project as a Development of Regional Impact (DRI) on February 2, 1982 by Resolution Petition : Approval of the rezoning of the site from AG to IL and PIPD by Resolution on May 4, Petition A: Deletion of Lot 1L-2, a 3-acre parcel from the PIPD, approved on May 22, 1990 by Resolution Petition : Rezoned the 3-acre parcel from PIPD to IL. Approved on May 22, 1990 by Resolution Also approved by Resolution is a Special Exception for Lot 1L-2 to permit a public and private utility service and accessory buildings and structures. Corrective motion for Petition A: Amended legal description of Resolution , Petition A by Resolution on October 27, Petition B: Withdrawn. Petition C: Modification of Conditions 1,11,12,12A,13 and 14D of Resolution on March 16, 1993 by Resolution Petition D: Amended Condition E.2 of Resolution for a portion of the DRI. Approved on September 28, 1995 by Resolution The conditions of approval for the DRI and local government conditions were combined under the 1982 approval, and it was difficult for local government monitoring purposes. In January 1997, County staff restated the PIPD conditions of approval for both the DRI and local government conditions and was approved on January 30, 1997 under Resolutions (local) and Resolution (DRI). Petition : A variance for sidewalk reduction was requested, but the request was withdrawn. Petition : Amend permitted uses to include college/university and hospital/ medical and amend development order conditions concerning research and development uses. Resolution o Pedestrian Connections and PIPD Standards The original approval and subsequent site plans were not consistent in the requirement for pedestrian connections. The current ULDC requires a bike lane along an 80 right of way and continuous pedestrian connections. Prior to final DRO approval the property owner shall provide a phasing construction plan indicating continuous paved pedestrian access which connects all uses, public entrances and buildings, amenities or other improvements installed prior to There shall be a maximum of 6 phases with a minimum of 15% per phase. Any new streets 80 feet in width or greater added to the development are required to add bike lanes unless an alternative is approved by the County Engineer. 95

4 o Treasure Coast Regional Planning Council (TCRPC) TCRPC indicated in their letter dated April 25, 2006 (Exhibit E) that they have reviewed the amended Notification of Proposed Change (NOPC) for the project. The previous seven-year build out extension was granted in The new request is to extend the build out from July to December 31, The letter indicated that the latest proposal to extend the build out another 7 years is presumed to create a substantial deviation subject to further DRO review. The applicant must provide a clear and convincing case that no new or unreviewed regional impacts are created by the change in order to rebut this presumption. This can be accomplished by an analysis of any impacts resulting from the extensions and the County must determine at public hearing whether the proposed changes require further DRO reviews as a substantial deviation. The applicant indicated that there is no increase in density or intensity beyond which is already recognized for traffic concurrency purposes by Palm Beach County. With the proposed Traffic and Land Development conditions the staff can support the request for a build out extention. o FDOT Response On May 5, 2006, the Florida Department of Transportation sent out a letter (Exhibit E1) indicating concerns regarding the extension of the build out date. The request to extend the build out date of July 31, 2014 to December 31, 2021 is an extension of over seven years or cumulatively 15 years when compared to the build out date of 2006 and should be considered a substantial deviation and subject to further DRI review. Furthermore, the FDOT contends that there is no evidence that the applicant provided a traffic impact analysis in 1993 to rebut the presumption of substantial deviation when the DRI s build out date was first extended from 2006 to The Florida Legislature made substantial changes to Chapter 380 Florida Statutes effective July 1, 2006.The change increased the threshold constituting a substantial deviation and requiring a DRI review from 5% to 10% or 35 acres, whichever is greater, in industrial land area. The request to add land area is therefore below the 10% threshold and is not subject to DRI review based on acreage calculations. With proposed Traffic and Land Development conditions to mitigate other traffic related impacts staff can support this request. o Acreage Increase Florida Statutes Chapter (19) (b) 3. substantial deviations, indicate that a proposed change to a previously approved DRI that constitute a substantial deviation shall cause the change to be subject to further DRI review. Guidelines and thresholds provided by the statutes specify that an industrial development may increase in area by 10% or 35 acres whichever is greater. Ten percent (10%) of the current 1, acres would allow 124 additional acres and is therefore clearly under this DRI threshold with the request for 80 additional acres. o Development Order Amendment - Changed Circumstances Amendments are proposed to the Future Land Use Element to implement the provisions of an interlocal agreement between the County, the Town of Jupiter, the City of Palm Beach Gardens, the Town of Lake Park, the Town of Mangonia Park and the City of Riviera Beach, furthering the vision of the Governor and the State of Florida to create an economic development cluster to support TSRI to ensure a diversified economy and provide high-wage employment within Palm Beach County, the Treasure Coast Region and the State. The Palm Beach County Board of County Commissioners elected to enter into negotiations with The Scripps Research Institute (TSRI) for the relocation of its operations to the FAU Jupiter Campus and Briger in reliance on the Cities commitment to support an economic development cluster in support of TSRI. The applicant indicated in the justification statement the request will enhance the existing approval by providing additional acreage and build out timing for the Florida 96

5 Research Park which is positioned to provide research development, manufacturing, and industrial opportunities to Palm Beach County in furtherance of the biotechnology and The Scripps Research Institute (TSRI). Opportunities for other high quality jobproducing industries are necessary throughout the County. The center is proposed to provide biotech/biomedical research and development industry, and commercial and industrial uses to the surrounding residential communities. In addition, the redesignation of the utility use needed for the on-site water facility will no longer be required once the utility extension to the Florida Research Park is completed by the County within the next several months. TABULAR DATA EXISTING PROPOSED Property Control Same Number(s) Land Use Industrial (IND) Same Designation: Zoning District: Planned Industrial Park Same Development District (PIPD) Tier: U/T United Technologies Same Corporation Protection Area (UT) Overlay has no tier designation and is part of a Limited Urban Service Area (LUSA), while the remainder of the property is located in the Rural Tier. Use: Mixed Industrial and Same Commercial uses Acreage: 1, acres (+79.86) acres Access: Beeline Highway 2 Seminole Pratt Whitney Road.(1) Same New 80 R/W (1) CODE ENFORCEMENT: None PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 2 letters from the public. The letters generally indicated concern about additional lights and lighting that has changed from amber to bright white, train noise, and ground water pollution. RECOMMENDATION: To recommend approval of the request subject to 10 DRI conditions of approval and 128 Local Government conditions of approval as contained in Exhibit C (DRI) and Exhibit C1 (Local Government). MOTION: Rezoning from the Light Industrial (IL) Zoning District to the Planned Industrial Park Development (PIPD) District. MOTION: To add land area (80 acres), reconfigure master plan, add access, redesignate land uses, and extend build out date. MOTION: This request is not a substantial deviation. 97

6 98

7 Added Land Area SITE Application No Zoning Quad 71/72 October 5,

8 AERIAL PHOTOGRAPH NOT INCLUDED IN ELECTRONIC STAFF REPORT 100

9 MASTER PLAN DATED MAY 30,

10 REGULATING PLAN DATED MAY 30,

11 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Industrial (IND) Underlying Land Use: N/A CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request for a Rezoning from the Light Industrial (IL) Zoning District to the Planned Industrial Park Development (PIPD) District and a development order amendment (DOA) to: add land area (80 acres), reconfigure master plan, redesignate land uses, extend build out date and Substantial Deviation Determination. Staff has determined the proposal is appropriate for this parcel's industrial FLU designation. TIER: That portion of the subject property in the United Technologies Corporation Protection Area (UT) Overlay has no tier designation and is part of a Limited Urban Service Area (LUSA), while the remainder of the property is located in the Rural Tier. FUTURE ANNEXATION AREAS: The subject site is not in a future annexation area identified within an adopted Comprehensive Plan. INTERGOVERNMENTAL COORDINATION: The subject property is located within one mile of the City of Palm Beach Gardens. Zoning staff has notified this municipality of the request. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: A portion of the subject property is located within the boundaries of the United Technologies Corporation Protection Area (UT) Overlay and is part of a Limited Urban Service Area. Planning staff reviewed the request and found there to be no inconsistencies with the provisions of this Overlay or the LUSA. However, FLUE Policy 2.7-d of the Comprehensive Plan expressly forbids the following uses within the UT Overlay: residential (excluding Caretakers quarters); hotels, motels; medical and dental offices; and, hospitals or medical centers. FINDINGS: The request is consistent with the land use designation of the Palm Beach County Comprehensive Plan. The request is also consistent with the provisions of the UT Overlay. Consistent with the Planning Division's review of the Annual Report on the Palm Beach Park of Commerce Development of Regional Impact (DRI), Condition #4 of Resolution regarding archeological artifacts will be reworded/amended to include the Planning Division as an enforcement agency. ENGINEERING COMMENTS: MAJOR THOROUGHFARES Total traffic expected from this request: - 263,500 square feet retail; - 5,986,500 square feet industrial; is 5695 Peak Hour AM trips/day and 6968 Peak Hour PM trips/day Exisiting traffic into and out of the site is as follows: - 10,985 square feet retail; - 237,500 square feet industrial; - 750,000 square feet warehouse; 543 Peak Hour AM trips/day and 619 Peak Hour PM trips/day 103

12 TRAFFIC: Beeline Highway SEGMENT: Seminole Pratt Whitney Road - North County Airport FUTURE 2021 PM Trips: 1872 PM Peak Hour Trips FROM PETITION: 2539 PM Peak Hour Trips TOTAL: 4411 PM Peak Hour Trips PRESENT CAPACITY AT LEVEL OF SERVICE D : 3110 PRESENT LANEAGE: 4 lane PALM BEACH COUNTY HEALTH DEPARTMENT: Water is available to the property. Therefore, no wells on individual sites shall be permitted to provide potable water. Wastewater service is available to the property. Therefore, no onsite sewage treatment and disposal system (OSTDS) shall be permitted in this development. All existing OSTDS must be abandoned in accordance with Chapter 64E-6, FAC and Palm Beach County ECR-I. The Florida Research Park is served by a private on-site water treatment plant and a wastewater plant. The plants have sufficient capacity to serve current planned development. However, as the Florida Research Park develops, the nature of the development may warrant expansion of the water and wastewater systems or connection to regional systems to provide any increased capacity required. The applicant has indicated a commitment to continually monitor the capacities of the water and wastewater systems relative to the service demand, to ensure that any required expansion or connection to a regional system are undertaken in a timely manner to maintain adequate service capacity. The applicant has agreed to a comprehensive set of conditions aimed at ensuring the proper management of industrial, medical, and research operations to prevent problems that may present a threat to public health. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is currently inactive agriculture. The site contains scattered slash pine, live oak, Cypress and Cabbage palm which will be incorporated into the site design as each individual parcel is planned. WELLFIELD PROTECTION ZONE: The property is not located within a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No Any non stormwater discharge or the maintenance or use of a connection that results in a non stormwater discharge to the stormwater system is prohibited pursuant to Palm Beach County Stormwater Pollution Prevention Ordinance No ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: No educational impact created by this project. 104

13 PARKS AND RECREATION: This is a commercial application and Parks and Recreation U.L.D.C standards do not apply. WATER/SEWER PROVIDER: Palm Beach County Water Utilities Department (PBCWUD) FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: A 1,244.7-acre site, an irregular shaped parcel with approximately 1,100 feet of frontage along Beeline Highway. The site is currently partially developed with a mix of light and general industrial uses. ADJACENT LAND USE AND ZONING: NORTH: Comprehensive Plan: Conservation Zoning District: Agricultural Residential (AR) and Light Industrial (IL) Supporting: Vacant SOUTH: Comprehensive Plan: Conservation and Rural Residential 10 (RR-10) Zoning District: Agricultural Residential Supporting: Residential subdivision; orchards and, dairy/feed lots EAST: Comprehensive Plan: Rural Residential 10 (RR-10) Zoning District: Agricultural Residential (AR) Supporting: Single Family residences (Jupiter Farms and Caloosa) WEST: Comprehensive Plan: Conservation (CON) and Rural Residential 20 (RR-20) Zoning District: Light Industrial with a Special Exception (IL/SE) and Light Industrial (IL) Supporting: Vacant and FPL substation ZONING REQUIREMENTS: Pursuant to the Unified Land Development Code (ULDC) and by conditions of approval, a revised master plan and final site plan approval of the individual pods by the Development Review Officer (DRO) shall be required. The DRO review will ensure compliance with Board of County Commission conditions of approval, and applicable sections of the ULDC. PIPD DESIGN OBJECTIVES: The requested modifications to the Florida Research Park development orders and master plan will enhance the existing approval by providing additional acreage and build out timing for the Florida Research Park which is positioned to provide research development, manufacturing, and industrial opportunities to Palm Beach County in furtherance of the biotechnology and Scripps Research Institute initiatives. 105

14 1. Provide a balanced mix of land uses to provide for the needs of the residential population (if proposed) and the projected work force. The applicant indicates that the requested modifications will enhance this design objective by providing more acreage and an extended build out to enable a balanced mix of land uses to be located at the park. 2. Be designated as a predominately industrial development. Florida Research Park has been approved as a predominately industrial park under the Palm Beach County PIPD development standards. 3. Preserve natural features, scenic areas and native vegetation to the extent possible. With the requested modifications to the Florida Research Park and proposed conditions of approval the Applicant will continue to preserve natural features, scenic areas and native vegetation to the greatest extent possible. 4. Encourage the co-location of industrial processes, products and services. The requested modifications will enhance this design objective by providing more acreage and an extended build out to encourage the co-location of industrial processes, products and services. 5. Provide on-site essential services for industries, employees, and clients. The requested modifications will enhance this design objective by providing more acreage and an extended build out to enable a balanced mix of land uses to be located at the park. 6. Protect nearby existing and future non-industrial land uses and activities. By incorporating the existing adjacent light industrial zoned property into the park and extending the build out date to December 31, 2021, the Florida Research Park as an approved vested PIPD will ensure the proper location of industrial uses at the park and will protect nearby existing and future non-industrial land uses and activities. The proposed addition will not affect the Limited Development Zone (LDZ) as outlined and established in the 1981 correspondances with the Caloosa Homeowners Association and indicated on the Florida Research Park Master Plan, The LDZ is designated on the master plan to protect the residential development located to the south and west portion of the PIPD and provides limitations on specific uses by BCC condition of approval. 7. Arrange buildings and land use intensities to minimize and mitigate negative impacts. The requested modifications will enhance this design objective by providing more acreage and an extended build out to allow the Applicant / Developer to arrange the buildings and land use intensities to minimize and mitigate negative impacts. 8. Be located near convenient access to transportation facilities such as interstate highways, major trucking routes, shipping and/or railroad lines. Florida Research Park is located near convenient access to transportation facilities such as interstate highways, major trucking routes and railroad lines. 9. Encourage the expansion to PBC s economic base through new industrial investment. The requested modifications continues to encourage the expansion to Palm Beach County s economic base through new industrial investment in furtherance of, and including, biotechnology and Scripps Research institute initiatives. In 2005, the Intergovernmental Plan Amendment Review Committee (IPARC), which consists of planning directors from around the county, conducted a brief evaluation of the impacts of changing industrial land to residential land. The report concluded that generally available information suggests that industriallydesignated land should be retained because sites must be available for future jobs and because industrial businesses tend to generate a higher ratio of taxes to 106

15 service costs than residential uses. The report also concluded that an additional study is needed for incorporated and unincorporated areas of Palm Beach County. IPARC formed a sub committee that will be conducting a study in regards to preserving industrial land. The study should commence this November. FINDINGS - REZONING REQUEST: 1. Consistent with Plan. The request to rezone the property from light industrial to a Planned Industrial Park Zoning District (PIPD) is consistent with the existing Industrial Land Use designation pursuant to the Industrial subsection of Section III, Implementation of the Future Land Use Element Industrial, of the Future Land Use Element of the Comprehensive Plan. The request is consistent with the purposes, goals, objectives and policies of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use; 2. Consistent with Code. The request to rezone the property from Light Industrial to a PIPD is consistent with the stated purpose and intent of the County Land Development regulations and does not specifically conflict with any portions of the code. The request complies with all relevant and appropriate portions of Article 3.E. Planned Development Districts, Article 3.E.5. Planned Industrial Park, and Article 4.B, Supplementary Regulations of the Code; 3. Compatibility. The rezoning request to a PIPD is compatible and consistent with the existing uses and zones surrounding the property. The property is adjacent to and is proposed to be, part of the Florida Research Park PIPD/DRI to the south and east. The property to the north area and to the west across Seminole Pratt Whitney Road a 60 foot right of way is designated as Conservation Land Use with Light Industrial Zoning. The ULDC requires a 25 foot PIPD buffer on the north and west perimeter of the site. Subject to conditions of approval, the request is compatible with the uses and character of the surrounding land and in the vicinity of the land proposed for development. 4. Changed Conditions. The subject 80 acre parcel has been acquired by a new owner that wishes to bring the property into the existing approved Florida Research Park PIPD. The applicant proposes to utilize the existing approved concurrency over the additional property without seeking additional intensity. As such, any development impacts from adding the additional acreage would be minimized. In addition, by incorporating the existing adjacent Light Industrial zoned property into the Florida Research Park, development will occur in a logical and consistent development pattern and nearby non-industrial land uses and activities will be protected. The Town of Jupiter, the City of Palm Beach Gardens, the Town of Lake Park, the Town of Mangonia Park and the City of Riviera Beach, and County have agreed to form a seven member Advisory Board and to initiate and consider amendments to their respective Comprehensive Plans that establish a Bioscience Research Protection Overlay (BRPO). Further, the County and the five municipalities mentioned above have entered into an Interlocal Agreement to provide assurances that the State and County investment in TSRI as a catalyst for economic development in Palm Beach County can be realized and to protect these lands that were identified through the alternative site proposal. The rezoning and addition of the industrial lands to Florida Research Park furthers this initiative and by extending the build out date to accommodate slower growth for the biomedical and targeted research and development industries. 5. Effect on Natural Environment. The Future Land Use category is designated as Industrial. The applicant has indicated that historic disturbances of the subject property were from farming and cattle grazing which significantly limits the potential of forage and other wildlife uses of the property. The proposed rezoning 107

16 therefore would not have significantly adverse impacts on the natural environment. A complete analysis and discussion of the on-site conditions was provided in a letter from Mitigation Resources, LLC to Dirk Kuczurba, dated March 30, Development Patterns. The rezoning would result in a logical, orderly, and timely development pattern by developing the property consistent with the Industrial Future Land Use designation and the existing approved Florida Research PIPD. The existing mixed-use development will result in logical, timely and orderly development patterns. The current development pattern in this portion of the County is mainly residential uses. The expansion to the PIPD will result in job and educational opportunities for the existing and future residential population in this area. 7. Consistency with Neighborhood Plan. The property would be developed consistent with the Florida Research Park master plan, development approvals, and regulating plan. 8. Adequate public facilities. The Applicant intends to spread the existing Florida Research Park vested concurrency over the rezoned property. Pursuant to the ULDC, all developments within this PIPD will have to comply with Art. 11, Adequate Public Facility Standards. The County s traffic concurrency exemption record assumes 6.5 million square feet and a buildout date to This request is to extend that build out date to Any application for development that exceeds the 6.5 million square feet threshold or extends the buildout date is required to apply for a Development Order Amendment to address the full impacts of square footage and extended timeframe for all concurrency providers. FINDINGS - DEVELOPMENT ORDER AMENDMENT: 1. Consistent with Plan. The requested modifications to the Florida Research Park development orders and master plan are consistent with the purposes, goals, objectives and policies of the Plan, including standards for building and structural intensities and densities, and intensities of use. 2. Supplementary Use Standards. The requested modifications to the Florida Research Park and master plan are consistent with the stated purpose and intent of the County land development regulations and do not specifically conflict with any portions of the code. 3. Compatibility. The request is compatible and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development. Since Florida Research Park is an existing vested PIPD/DRI, the requested modifications will protect nearby existing and future non-industrial land uses and activities by observing the LDZ and locating this further west from the existing residential properties. 4. Design Minimizes Adverse Impact. The applicant indicated that the request to modify to the Florida Research Park development order will provide additional acreage and an extended build out date that will minimize adverse effects, including visual impact and intensity of the proposed use on adjacent lands. The design of each undeveloped parcel within the PIPD will be reviewed at final DRO for compliance to ensure minimization of adverse effects, including visual impact and intensity of the proposed use on adjacent lands. 5. Adequate Public Facilities. The requested modifications to the Florida Research Park development orders and master plan comply with the Palm Beach County land development regulations, and concurrency requirements as more fully described in the supporting application documents. 108

17 6. Design Minimizes Environmental Impact. The request will continue to minimize environmental impacts, including, but not limited to, water, air, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. The design of each Permitted uses will be reviewed at final DRO for compliance to ensure minimization of environmental impacts, including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. 7. Development Patterns. The requested modifications to the Florida Research Park development orders and master plan will provide additional acreage and an extended build out date that will result in a logical, orderly and timely development pattern consistent with the future planning objectives of Palm Beach County in furtherance of the biotechnology and Scripps Research Institute initiatives. In 1992, a vesting determination and agreement was made by Palm Beach County and the property owner concluding that a total of 6.25 million square feet (5,986,500 square feet of industrial use and 263,500 square feet of commercial use) was vested for traffic concurrency. The current build out date for Florida Research Park is 2014 and the map Amendment Request is associated with the extension of the buildout date to Florida Research Park is considered as an integral component of the Palm Beach County Scripps / Biomedical initiative. Florida Research Park is extending the build out date to accommodate slower growth biomedical and targeted research & development industries. 8. Other Standards. The requested modifications to the development order and master plan comply with all standards imposed on it by all other applicable provisions of the Palm Beach County land development regulations for use, layout, function, and general development characteristics. The design of each parcel with any Permitted uses will be reviewed at final DRO for compliance to all standards of the Code. 9. Consistency with Neighborhood Plans.The requested modifications to the Florida Research Park development orders and master plan are consistent with applicable neighborhood plans. 10. Changed Circumstances. The applicant states that the request will enhance the existing approval by providing additional acreage and build out timing for the Florida Research Park which is positioned to provide research development, manufacturing, and industrial opportunities to Palm Beach County in furtherance of the biotechnology and Scripps Research Institute initiatives.the industrially designated property will provide additional opportunities within close proximity of Scripps Research Institute initiatives. Recent decisions by local efforts and an interlocal agreement that included Palm Beach County and other municipalities supported further industrial uses and discouraged conversion to residential or mixed commercial uses.in February, 2006 the Board of County Commissioners (BCC) selected the combination of Abacoa in Jupiter and the Briger parcel in Palm Beach Gardens as the alternative site for the Florida home of The Scripps Research Institute (TSRI) and accommodation for an additional six million square feet of floor area for a bioscience/biotechnology cluster within a five mile radius of Abacoa/Briger. The County, the Town of Jupiter, the City of Palm Beach Gardens, the Town of Lake Park, the Town of Mangonia Park and the City of Riviera Beach provided an inventory of properties that could be used for bioscience research/biotechnology users within their jurisdictions. The inventory included vacant land without traffic entitlements, vacant land with traffic entitlements, and existing development, which totaled approximately 51.9 million square feet of potential space within a ten mile radius of the future TSRI campus that would 109

18 provide for and encourage the cluster of bioscience research/biotechnology uses within the overlay. Further, the County and the five municipalities mentioned above have entered into an Interlocal Agreement to provide assurances that the State and County investment in TSRI as a catalyst for economic development in Palm Beach County can be realized. One of the provisions of the Interlocal Agreement is that the County initiate Comprehensive Plan amendments to establish the Bioscience Research Protection Overlay (BRPO) to protect these lands that were identified through the alternative site proposal. In addition, the redesignation of the utility use needed for the on-site water facility will no longer be required once the utility extension to the Florida Research Park is completed by the County within the next several months. EXHIBITS Exhibit A: Exhibit B: Exhibit C: Exhibit C1: Exhibit D: Exhibit E: Exhibit E1 Legal Description (NA - attached to resolution) Vicinity Sketch Conditions of Approval DRI Conditions of Approval Accident History Report TCRPC April 25, 2006 Substantial Deviation Letter FDOT May 5, 2006 Substantial Deviation Letter 110

19 EXHIBIT C CONDITIONS OF APPROVALS ALL PETITIONS 1. All Petitions Condition 1, of Resolution R , Control which currently states: All previous conditions of approval applicable to the subject property, as contained in Resolution R (Petition ), have been consolidated as contained herein. The property owner shall comply with all previous conditions of approval and deadlines previously established by Article 2.E of the ULDC and the Board of County Commissioners, unless expressly modified. Is hereby amended to read: All previous conditions of approval applicable to the subject property, as contained in Resolution R (Control ), have been consolidated as contained herein. The property owner shall comply with all previous conditions of approval and deadlines previously established by Article 2.E of the ULDC and the Board of County Commissioners, unless expressly modified. 2. The PBPOC Application for Development Approval (ADA) is incorporated by reference into the Development Order and zoning approval by Palm Beach County in the following manner: The Palm Beach Park of Commerce Application for Development Approval (ADA) is incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval is a condition of approval unless waived or modified by agreement among the parties, as defined in Subsection (c), Florida Statutes. Substantial compliance shall include the requirement that groundwater withdrawal impacts described in the ADA shall not be exceeded. Substantial deviation from these representations shall require reconsideration of the Development Order. For the purposes of this condition, the ADA shall include the following items: Palm Beach Park of Commerce ADA, submitted September 4, 1981 (R , Condition #1); Palm Beach Park of Commerce ADA Supplement, submitted October 21, 1981 (R , Condition #1); Letter and attachments dated October 26, 1981 from Doug Winter to Jeanne Hall regarding Water, Drainage, and Vegetation and Wildlife (R , Condition #1); Letter and attachments dated November 13, 1981 from Donald Walker to Sam Shannon regarding Transportation (R , Condition #1); Letter and attachments dated November 18, 1981 from Donald Walker to Sam Shannon regarding Transportation (R , Condition #1); Letter dated December 1, 1981 from Howard L. Searcy to Donald C. Lockhart regarding wetlands (R , Condition #1); Letter dated October 16, 1981 to Tim Lunney, Palm Beach County Zoning Director, from Henry Skokowski regarding the Caloosa Homeowners Association meeting of October 12, 1981 describing the Limited Development Zone (R , Condition #1); Memorandum dated January 28, 1982 from Henry Skokowski to Tim Lunney restricting uses and establishing additional setbacks (R , Condition #1); 111

20 Condition C.1. of Resolution No. R as subsequently modified by Condition E.2. of R found at Condition #9 herein (R ); and Condition C.2. of Resolution No. R amending the answer to Question 14- D of the ADA. (ONGOING:ZONING-Zoning) (Previous All Petitions Condition 2, of Resolution R , Control ) 4. As part of the annual report required by Subsection (18), Florida Statutes, the property owner/developer shall include a complete list of tenants locating in the development during the preceding year. The report shall include a description of the activities of, processes and materials used by, and operations of each tenant, and a map indicating their location within the development. A report shall be submitted to the Zoning Division and the South Florida Water Management District on or before January 31 annually. ( Previous All Petitions Condition 3, of Resolution R , Control ). 5. The paragraph headings of this Development Order are included solely for purposes of convenience and reference only, and shall not be deemed to explain, modify, limit, amplify or aid in the meaning, construction or interpretation of any of the provisions of this Development Order. (Previous All Petitions Condition 4, of Resolution R , Control ) 6. Subsequent amendments to this Resolution may be adopted without the need for review under Section (19), Florida Statutes. (ONGOING: ZONING-Zoning) (Previous All Petitions Condition 5, of Resolution R , Control ) ARCHITECTURAL REVIEW 1. At time of submittal for final Development Review Officer (DRO) approval for each lot, the architectural elevations shall be submitted simultaneously with the site plan for final architectural review and approval. This condition shall apply to all undeveloped and redeveloped parcels meeting the substantial renovation criteria. Elevations shall be designed to be consistent with Article 5.C of the ULDC. Development shall be consistent with the approved architectural elevations, the DRO approved site plan, all applicable conditions of approval, and all ULDC requirements. (DRO: ARCH REVIEW - Zoning) BUILDING AND SITE DESIGN-DEP/SFWMD 1. Prior to Final site plan approval by the Development Review Officer of a parcel within the PIPD. The applicant shall obtain approval by the Florida Department of Environmental Protection (DEP) and the South Florida Water Management District (SFWMD) for each site within the PIPD to permit consideration of industrial waste, groundwater and surface water runoff issues. Final Site Plan Approval shall be denied to any industrial uses until all appropriate DEP and SFWMD permits for waste treatment and air pollution control facilities have been granted, and until site development plans reflect SFWMD recommendations regarding storm water runoff facilities. Each site plan for parcels abutting adjacent residential development shall include a tree survey and specific landscape plans for the required 50-foot rear setback and for designated buffer areas. In order to insure adequate time for these reviews, applications for individual site plan and Master Plan approvals must be filed at least five weeks prior to the date of the meeting at which these plans will be reviewed. (DRO: ERM-DEP/SFWMD)( Previous Condition 1, Building and Site Design, of Resolution R , Petition ). BUILDING AND SITE DESIGN-PEDESTRIAN CONNECTIONS 2. Prior to final DRO approval the property owner shall provide a phasing construction plan indicating continuous paved pedestrian access which connects 112

21 all uses, public entrances and buildings, amenities or other improvements installed prior to There shall be a maximum of 6 phases with a minimum of 15% per phase. (DATE: LANDSCAPE - Zoning) DRI 1. INCORPORATION OF ALL DEVELOPMENT CONDITIONS This resolution incorporates and restates the previous Development Order conditions of approval as contained in Resolutions No. R , No. R , No. R , No. R , No. R , and R including original deadlines, as most recently amended. (ONGOING: MONITORING-Zoning) (Previous Condition 2 of Resolution R ) ENGINEERING 1. Previous Condition Engineering 1 of Resolution R , Control , which currently states: When required by the County Engineer, or prior to the completion of Phase One, the following traffic improvements shall be completed: A. Beeline Highway (State Road #710) as a four-lane, median-divided section from Seminole Pratt & Whitney Road through the project's East entrance road. This construction may include the intersection of Seminole Pratt & Whitney Road and State Road #710. B. At the intersection of Indiantown Road and Seminole Pratt & Whitney Road: a. left turn lane, north approach; b. left turn lane, south approach; c. left turn lane, east approach; d. left turn lane, west approach; and e. right turn lane, south approach. C. At the intersection of Seminole Pratt & Whitney Road and the project's entrance road, a left turn lane, north approach. D. At the intersection of Beeline Highway and the project's West entrance road, a left turn lane, west approach. E. At the intersection of Beeline Highway and the project's East entrance: a. left turn lane, west approach; and b. right turn lane, east approach. F. At the intersection of P.G.A. Boulevard and Beeline Highway: a. left turn lane, north approach; b. right turn lane, south approach; and c. right turn lane, east approach. (ONGOING: ENG-Eng) Is hereby DELETED. [REASON: Replaced by more detailed condition based on new traffic study] 2. Only two access points onto Beeline Highway and one onto Seminole Pratt & Whitney Road, as shown on the Master Plan dated June 10, 2005 shall be permitted. (DRO:ENG-Eng) (Previous Condition Engineering 2 of Resolution R , Control ) 113

22 3. Previous Condition Engineering 3 of Resolution R , Control , which currently states: Based on the traffic study as outlined in Condition #8, the property owner/developer shall provide any improvements required by the County Engineer as a result of development traffic and necessary to maintain Level of Service C at: a. The intersection of SR 711 and SR 706; and b. The intersections of the entrance roads with SR 710 and SR 711. (ONGOING: ENG-Eng) Is hereby DELETED. (REASON: Replaced by more detailed conditions based on new traffic study) 4. The developer shall dedicate to Palm Beach County at the time of the filing of the first contiguous plat or within ninety (90) days of notification by Palm Beach County, 192 feet from the west line of Section 18 for the ultimate right-of-way for Seminole Pratt Whitney Road (approximately an additional 132 feet). (PLAT: ENG-Eng) (Previous Condition Engineering 5 of Resolution R , Control ) COMPLETED Roadway Improvements Traffic Phase 1 6. No additional building permits shall be issued for development until either: a) a local government development agreement consistent with sections through , Florida Statutes has been executed and attached as an exhibit to the Development Order; (BLDG PERMIT: MONITORING- Eng) OR b) the contract has been let for the construction of Seminole Pratt-Whitney Road as a minimum 2-lane cross section from the current terminus north of Northlake Boulevard to Beeline Highway. At the time of concurrency approval, this project was included for construction in FY 2007 of the PBC 5-year road program. (BLDG PERMIT: MONITORING-Eng) 7. No building permits shall be issued for development that generates more than 611 net external 2-way PM peak hour trips or December 31, 2006, whichever occurs last, until either: a) a CRALLS designation is adopted for the following roadway improvement described below; OR b) a local government development agreement consistent with sections through , Florida Statutes has been executed and attached as an exhibit to the Development Order; OR c) the contract has been let for the construction of Indiantown Road from Jupiter Farms Road to Florida s Turnpike to a six-lane cross section (BLDG PERMIT/DATE: MONITORING Eng) 8. No building permits shall be issued for development that generates more than 668 net external 2-way PM peak hour trips or December 31, 2006, whichever occurs last, until either: a) a CRALLS designation is adopted for the following roadway improvement described below; OR b) a local government development agreement consistent with sections through , Florida Statutes has been executed and attached as an exhibit to the Development Order; OR c) the contract has been let for the construction of Seminole Pratt Whitney Road from Orange Blvd. to Northlake Blvd. to a four-lane cross section. At the time of concurrency approval, this project was included for 114