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REVIEW COMMENTS II I ) 'P~c:r-1 ~ PLANNING AND ZONING DEPARTMENT MEMORANDUM NO 92-136 June 24, 1992 FROM J Scott Miller, City Manager ~ e"..w> Christopher Cutro, Planning and Zoning Director TO RE Quantum Park Landscaping Medians Attached is the product of our recent research on the Quantum Park medians From this research we have concluded that the responsibility for the upkeep of the medians is the responsibility of the Quantum Park Property Owners Association (for public rights-of-way) and the Quantum Park Community Development District (for private rights-of-way) We feel that if landscaping has died on public and private right-of-ways, both of these groups should be cited We hope this information is of some help to you If you should have any questions regarding this matter, please feel free to call me or Tambri Heyden who prepared the attached report CC aId ,. PLANNING AND ZONING DEPARTMENT MEMORANDUM 92-133 TO J. Scott Miller, City Manager ~~ Christopher Cutro, Planning and Zoning Director THRU FROM Tambri J Heyden, Senior Planner DATE June 19, 1992 SUBJECT Maintenance of right-of-way landscaping within Quantum Park Please be advised of the following information that was found when researching the issue of maintenance of right-of-way landscaping within Quantum Park 1 Section 4 (30) of the development order approving the Quantum Park Development of Regional Impact (0 R I ), Ordinance No 84-51, states that within ninety (90) days of the approval of the Development Order, the D R I applicant shall dedicate to Palm Beach County the additional right-of-way for N W 22nd Avenue through the limits of the park as N W 22nd Avenue appears as a 108 foot arterial on the County's Thoroughfare Plan 2 Section 4 (41) of the development order states that IIN W 22nd Avenue shall be constructed with a landscaped median, and the developer shall submit to the city of Boynton Beach, the landscaping and irrigation plans for review and approval II 3 Section 4 (42) of the development order states that any of the Park's internal rights-of-way which are public will be landscaped and that the landscaping and irrigation plans shall be submitted to the city for the city's review and approval, and subsequent maintenance shall be the obligation of the city 4 The first amendment to the development order, Ordinance 86-11 contained conditions, one of which was that the developer comply with the representations set forth in the letter from George W Zimmerman to Carmen Annunziato under date of February 28, 1986 This letter, as well as the staff comments referenced in this letter, are attached In summary, the staff comments from the Recreation and Park Department state that the proposed landscaped medians on the amended master plan increase maintenance Therefore, the Department recommended the City maintain N W 22nd Avenue only Mr Zimmerman's February 28, 1992 letter of response to staff comments states that the applicant is eager to establish a means whereby they can assume control and responsibility for the maintenance of N W 22nd Avenue and High Ridge Road right~-of-way TO J Scott Miller -2- June 19, 1992 5 The attached letter, dated April 8, 1987, to George Zimmerman from Peter Cheney requested that a contractual agreement be prepared by Quantum Associates to clarify the responsibilities of all parties involved in the monitoring, approval and development of those required improvements not subject to bonding, including a time frame for bonding and completion of same 6 Quantum Park Plat No 2, approved by the City Commission in June of 1987, dedicated N W 22nd Avenue to Palm Beach County 7 Quantum Park Plat No 8, approved by the City Commission in June of 1987, dedicated High Ridge Road to the city of Boynton Beach 8 Quantum Park Plat No 2, 5, 6 and 8 all contain language which states, "It is contemplated that N W 22nd Avenue will be widened in the future to a 6 lane section At such time, curbing and landscaping located in the construction area of the adjacent lane within the existing public right-of-way shall be removed by the Quantum Park Property Owners' Association " 9 On February 16, 1988, the City Commission approved Quantum Associates' request to modify Quantum Park Plat No 3 and to replat Quantum Park Plat No 9, 10 and 11 Included in the plat development plans were landscape plans for the road rights-of-way and water bodies This approval was subject to staff comments which inadvertently omitted a comment from the Recreation and Parks Department that median landscaping shall be maintained by the Quantum Park Property Owners' Association 10 The attached letter, dated April 5, 1990, to David S Pressly from Michael Haag states that the streetscape and median landscaping were complete and acceptable as of the date of the letter and that Quantum's maintenance crews had been satisfactorily maintaining said landscaping 11 Establishment of the Quantum Community Development District (C D D ) by Ordinance No 91-48, authorized the transfer of ownership of Quantum Park's infrastructure, previously dedicated and maintained by the Quantum Park Property Owners' Association to the Quantum C D D Taking the above information into consideration the following can be concluded TO J Scott Miller -3- June 191 1992 a) N W 22nd Avenue and High Ridge Road are the only public rights-of way within Quantum Park, N W 22nd Avenue dedicated to Palm Beach County and High Ridge Road dedicated to the City of Boynton Beach b) In 1986, the City was charged with the maintenance of the landscaping within the public rights-of-way, namely N W 22nd Avenue and High Ridge Road In 1986, Quantum Associates stated in writing their desire to assume this responsibility, however a written agreement cannot be found which executes Quantum's intention Until recently, when staff noted that all right-of-way landscaping within Quantum Park was no longer being maintained, Quantum Property Owners' Association had assumed the responsibility of landscaping within the private, as well as the public, rights-of-way within Quantum Park, to the City's satisfaction since the time of installation c) The creation of the Quantum C D D has shifted maintenance responsibility of the landscaping within the private rights-of-way from the Quantum property Owners' Association to the Quantum C D D The creation of the C D D however, does not shift responsibility of the landscaping within the public rights-of-way, since these rights-of-way are not infrastructure dedicated to the Quantum Property Owners' Association, thereby making them ineligible for ownership transfer through the C D D I am not certain, however, whether the value of the landscaping within the public rights-of-way were included in the estimated value of the infrastructure used to determine the amount of the bond is sue ", _".-/ ~~~ 9-~U6/~ Tambri J HeY~l1 / tjh Attachments xc Charlie Frederick City Engineer Ken Hall Central File MEMORANDUM 16 September 1986 TO Perry Cessna, Utilities Director /' James Golden, Assistant City Planner~ FROM Carmen S Annunziato, Planning Director RE ~5k- Attached to this memo you will find a copy of the proposed final Hazardous Waste Contamination Response Plan submitted by Deutsch Ireland Properties in conpection with the Quantum Park of Commerce Please review this plan and forward your comments for incorporation into the final plan where appropriate, as this document must be approved by the City Council ~.('r ,'?J/''1,J~~ a_~/u/ <)f--/)?/-'<~ CARMEN S ANNUNZIATO ~ /bks cc City Manager :r)j k /JRofrD _c: S>>t t:.-- ' J." -::)J -.- h t> 0 fARS TIT../-.5 jJ(} [. (A/I): J ~r 'ro fiRorJ:rPf; J-&.I1~ . 811':>\5 /lcJv./Ei/Ff2) /<9of) t U . II ~o 5 WJ;tL :(AJfJ:jvJ OuM (/l51-~ a -=: 1.-[) C L tl S r:!<..- .5 {J? (/t. T + >>7 f/f;;/l/'- 1/ -/(0)/- - ~ {) o~ rr Of.{ R... j3/V V-r ftl {\.o '') __(;./ hEJ/TkL K~~-r~ fj(lJct PUK~. . , -. '- ~ .....- ~ .. ( .. MEMORANDUH October 23, 1984 TO: Mr'. Cannen S. Annunziato Director of Planning RE: Boynton Beach Park of Commerce The approval of this development as related to their lift station configuration should specify that at the time of planning the first phase east of the E-4 Canal, that the developer's engineers will present to the city,a study to show whether lift station #3 on their master plan can be deepened and/or relocated in such a manner as to eliminate lift station #2 for the nortu east section of the develop- ment. "" [ j:-. Cl 7 n .- 1...1;- t. :-........!~ :_ 2' 110 - r '- .( -; ~ r - -.. ~ tne;~e ~~a~ed up?n_a r~y'iew ~y th~~c~tyst~ff a~a City'~ engineers;- t,e L'~'S-t. the Qesign wil~ ~e finalized prior to appI:9val:. of .the .P~~l1~ _C for lift station #3 and its gravit~ collect~on system. ~ >! ~]ss~~ (1bM~ Director of utilities apt fYff4""t-rr:- A. \, 1\/....;) '... , .f- '?"I - ~ ~ "t .i'"'"i HEMORANDUM 14 August 1984 TO Peter L Cheney, City Manager FROM Carmen S Annunziato, Planning Director RE Boynton Beach Park of Commerce - ADA Supplement Accompanying this memo you will find copies of additional information provided by the Riteco Corporation in response to a request by the Regional Planning Council with reference to the Boynton Beach Park of Commerce Application for Development Approval Please place these responses with the original copy of the ADA C~()L ~~ CARMEN S ANNUNZI /bks cc City Clerk Executive Director, Chamber of Commerce MEMORANDUM 23 May 1984 TO James Vance, Esq , City Attorney Betty S Boroni, City Clerk Howard Muise, Treasure Coast Regional Planning Council Wade Riley, Vice President, Riteco Corporation FROM Carmen S Annunziato Planning Director City of Boynton Beach RE Boynton Beach Park of Commerce - DRI Accompanying this memo you will find a draft flow chart and attendant documents to effect the approval of the Boynton Beach Park of Commerce DRI Please review this flow chart and add comments and/or corrections as necessary Thank you C:70- _ CARMEN S Jc ~ ANNUNZIA~ /bks Attachments NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Boynton Beach will conduct a Public Hearing at 8 00 P M on Tuesday, October 16, 1984 in Council Chambers, City Hall, 120 East Boynton Beach Boulevard, Palm Beach County, Florida The purpose of this public hearing is to consider applications and receive testimony with respect to the following described property located within the corporate limits of said City, pursuant to the request of the parties in interest REQUEST The Boynton Beach Park of Commerce a COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT LEGAL DESCRIPTION LOCATION West of Interstate 95, north and south of N W 22nd Avenue, Boynton Beach, Florida PROPOSED USES Planned industrial development to include light manufacturing and research facilities, offices and ancillary commercial uses APPLICANT Riteco Corporation All interested parties are encouraged to appear in person, to be represented by an attorney or comment in writing The Application for Development Approval and all related documents will be available for review during normal working hours in the Office of the Planning Director Any person who decides to appeal any decision of the City Council with respect to the matter considered at this meeting will need a record of the proceedings and for such purposes may need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is based BETTY S BORONI, CITY CLERK CITY OF BOYNTON BEACH, FLORIDA PUBLISH August 8, 1984 5-21 Riteco submits Application for Development Approval (ADA) to Treasure Coast Regional Planning Council (TCRPC), City of Boynton Beach (BB), and Department of Communitv Affairs (DCA) ~ 6-20 TCRPC must respond as to sufficiency within 30 days maximum of day of receipt 7-3 Riteco completes response to request for additional information 7-16 Planning Director prepares Development of Regional Impact (DRI) notice and forwards it to the City Clerk 8-1 City Clerk forwards notice of DRI hearing to newspaper for advertising on 8-8 TCRPC sets agenda for 8-1J meeting of the Council. 8-2 TCRPC must respond as to sufficiency of additional information within 30 days maximum of day of receipt TCRPC determines suffiency and notifies BB 8-7 City Council sets October 16, 1984 at 8 00 P M in the City Council Chambers as the date, time and place of the DRI public hearing 8-8 The ad setting October 16, 1984 at 8 00 P.M in the City Council Chambers as the date, time, and place of the DRI public hearing with the City Council appears in the newspaper 8-9 Planning Director sends copies of public notice to various agencies See attached list TCRPC conducts a review of the Boynton Beach Park of Commerce 8-17 9-7 The Clerk is to notify by mail each real property owner whose land will be restricted and rezoned The notice shall state the substance of the proposal as it affects the property owner and shall set a date, time and place for the public hearings Also, said notice shall be kept available for public inspection The Clerk should notify by mail each property owner within 400' of rezoning and restriction of land use giving date, time, place and purpose of public hearing(s) for P&Z Board and City Council 9-23 Ad announcing P&Z hearings on change in zoning and restriction of land use appears in newspaper of general circulation first time and also announces City Council public hearings 9-30 Ad announcing P&Z hearings on change in zoning and restriction of land use appears in newspaper of general circulation and also announces Council public hearing 10-9 P&Z Board holds public hearings on restriction of land use and change in zoning and makes recommendation to Council 10-16 The City Council holds a public hearing on the Development of Regional Impact, the rezoning and the restriction of land use 11-7 Council reads ordinances to approve the Development of Regional Impact Development Order, to amend the land use element of the Comprehensive Plan and to rezone on first reading 11-8 Ad appears in newspaper announcing the second reading of above-mentioned ordinances and public hearings 11-20 Council conducts public hearings and reads ordinances a second time to approve the Development of Regional Impact, the land use element amendment and the rezoning 11-21 The City Clerk transmits a certified copy of the Development Order to the applicant, the Treasure Coast Regional Planning Council and the Development of Community Affairs Bureau of Resource Management 1-4-85 Appeal period ends