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CORRESPONDENCE The Otl} 01 BOl}nton Bedch Office Of The City Manager 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Manager's Office: (561) 742-6010 FAX: (561) 742-6011 e-mail: bressnerk@ci.boynton-beach.f1.us www. boynton-beach. org 'f' ..., I ;~ ~ ' I > I I ! :' 1';' ,r-'.'- .. MAR-22007 . /' L__ f "--,_! If'f'r" ',. ,-""~ n' , , ".,' ;' n;,\/::-, r>,"<f t, March 1, 2007 Quantum Community Development District and Quantum Park Overlay Dependent District c/o Special District Services, Inc. 11000 Prosperity Farms Road, Suite 1004 Palm Beach Gardens, FL 33410 Atln: Mr. Peter Pimentel Dear Mr. Pimentel: I have received and reviewed Mr. Bernard A. Conko's letter to me dated June 13, 2006 and copied to you. Please be advised that the City has issued a permit to widen Gateway Boulevard from Congress Avenue to the E-4 Canal, entirely within City of Boynton Beach right of way, Technical analysis by the design engineer contemplates no negative impact to the Quantum Park Surface Water Management System. Furthermore, all corresponding stormwater related permits from both the Lake Worth Drainage District and the South Florida Water Management District have been issued as of this date, If you have questions, please contact Jeff Livergood, Director of Public Works at 742- 7201. Si,nce,. Iy, ~&Z,V&~ Kurt Bressner City Manager C: James Cherof, City Attorney Jeffrey R. Livergood, P.E. , Director of Public Works and Engineering ,/Quintus Greene, Director of Development Bernard A. Conko, Esq. A1UERIC'A 'S GATETT"A Y TO THE GFLFSTREAJlI - C a HEN , N a R It IS. S C 1-\ E It E R WEINBERGER& WalMER - ATTORNEYS A T lAW GARY), COHAN' FRED C, COHEN, P,"'." GR.EGORY R. COHEN SERNARO A. CONKO(~/("I RYAN S. COPPLE DOMINies. lISERl' RICHARD J, MEEHAN' AlFRED G, MORICI' DAVID e. NORRIS, P,A. PETER R. R~Y, P..... M. RICHARD SAPIR, P A . KENNETH J. SCHERfR, P.A KYlE A. SilVERMAN' JAMES S. TfLEPMAW'" ROBERT M. WEINBERGER, P A BRENT G. WOLMER, P.A , '.. June 13, 2006 u'u "'1 ') JUN I 4 l006 J ~~ CITY MANAGER'S OFFICE '01 Co,,~..l "'1>0,.,1 C.,lJIJ.d "01 Ellat. . "'Boc,dC.rtlfledBu,I"...llllll"llcn RECEIVED JUN 2 0 2006 BY: Kurt Bressner City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, F133425 Re: Notice of Interested Party and Request for Notice Before Permit Issuance Gateway Boulevard in Boynton Beach, Florida Our File No. 30514.000 Dear Mr, Bressner: I am the attorney for the Quantum Community Development District (QCDD) and the Quantum Park Overlay Dependent District (QPODD), This Notice ofInterested Parties and Request for Notice Before Permit Issuance is given on behalf of QCDD, QPODD and Quantum Corporate Park Landowners(Interested Parties), It has come to the attention of these Interested Parties that road widening improvements are being planned for the intersection of Gateway Boulevard at Congress Avenue and east on Gateway Boulevard through Quantum Corporate Park (Park). These Interested Parties have great concern that any such road widening will cause additional amounts of surface water drainage into the Park resulting in unacceptable impact on the Park Surface Water Management System (System), This System is owned, maintained and operated by and for the Interested Parties, and no other party has the right or authority to increase or add new surface water drainage into the System without authorization by the Interested Parties, A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 712 U S HIGHWAY ONE SUITE 400 . POBOX 13146 . NORTH PALM BEACH, flORIDA 33408.7146 City of Boynton Beach Attn: Kurt Bressner Re: Notice of Interested Party and Request For Notice before Permit Issuance Gateway Boulevard in Boynton Beach, Florida June 13,2006 Page 2 The Interested Parties do hereby object to the issuance or approval of any permit, license or any other form of authorization to allow construction of any widening or improvements to Gateway Boulevard which will cause or result in any new or increased surface water flow or discharge into, or that will in any way impact, the System without authorization of the Interested Parties, Further, request is hereby made that you give adequate notice to the Interested Parties of any application for permit, license, or any other form of authorization that would result in any new or increase surface water flow or discharge into, or that will in any way impact, the System, Such notice shall be given to: Quantum Community Development District and Quantum Park Overlay Dependent District c/o Special District Services, Inc, 11000 Prosperity Farms Road, Suite 104 Palm Beach Gardens, FL 33410 Attn: Peter Pimentel With copy to: Bernard A. Conko, Esq. 712 D.S, Highway One, Suite 400 North Palm Beach, FL 33408-7146 Your attention and cooperation would be greatly appreciated, BAClbt City of Boynton Beach.doc yours, cc: Interested Parties: Peter Pimentel Skip Harvey (Ie ~ /J(~~ ~~ ~ Communlt Deuelo ment Dlstrlct February 29, 1996 City Clerk City of Boynton Beach Ms. Suzanne Kruse 100 E. Boynton Beach Blvd. Boynton Beach, Flonda 33425 Dear Ms. Kruse. In accordance with Chapter 189415, Florida Statutes, enclosed please find one copy of the District's Public FacilitIes Report for 1996 Should you have any questions regarding the report or require additional information, please feel free to contact me. Sincerely, G f/; ri it flit ttlffi.-- Rhonda k. Archer DIstrict Manager's Office /rka enclosure Ii i ( -!~ ; '\ (L~~ CPDM 10300 N W 11 Manor .Coral Spnngs, Flonda 33071 .Tel. (305) 753-0380 .Fax. (305) 755-6701 CR~EN lAOMPSON & ASSOCIMES INC. Engineers Planners Surveyors 3563 N.W 53rd Street Fort Lauderdale. FL 33309-6311 (305) 739-6400 Fax (305) 739-6409 Vero Beach February 28, 1996 Ms Rhonda K. Archer Quantum Commumty Development District 10300 N W 11th Manor Coral Springs, FL 33065 RE QUANTUM WATER CONTROL DISTRICT CT&A PROJECT NO. 91-0066 Dear Mr Archer. Pursuant to the reqUirements of Chapter 189 415, Florida Statutes, we are transmitting, hereWIth, responses to the five questions outlined in your memo of January 11, 1996 If you desrre any further mformatlon, please advise Smcerely, PSON & ASSOCIATES, INC CRAVEN cc Gary Moyer A al QuestIOnnaIre to be Completed by Dlstnct's ConsultIng EngIneer 1 A descriptIon of existing public faclhties owned and operated by the special distrIct. ThIs descnption shall include (a) the current capacIty of the facIlity, (b) the current demands placed upon It, and roJ rn @ LL n _ w rn fn)i (c) Its locallOn. IJI] l MAR - ~ 'II J i The Quantum Community Development District was formed to J _ ~. the infrastructure improvements which serve the 488 + acres Qual PU, located in the City of Boynton Beach, Palm Beach County, Flor Zi" created under Chapter 190, Florida Statutes and was approved by the City of Boynton Beach on July 16, 1991 by Ordinance 091-48. We have attached an Engineering Reportfor Proposed Assessable Improvements, dated October, 1991 that described the improvements that were constructed, the limits of the District and other relavent information. The District has transferred all water mains and sanitary sewers to the City of Boynton Beach. This leaves the District with the maintenance responsibility for roadway, drainage, street lighting and landscaping 2 A descnptIon of each pubhc facility the dIstrict is building, Improving, or expandIng, or is currently proposing to build, improve, or expand withIn at least the next 5 years For each public facility identified, describe how the district currently proposes to finance the facihty The District has no plans to construct any new facilities nor improve any existing facilities. 3 If the special district currently proposes to replace any facilities identified in paragraph (1) or paragraph (2) within the next 10 years, the date when such facility will be replaced The District has no plans to replace any facilities. 4 The anticipated tIme the construction, improvement, or expansion of each facihty will be completed. Not applicable 5 The antiCIpated capacity of any demands on each public facihty when completed In the case of an Improvement or expansIOn of a public facIlity, both the eXIstIng and anticipated capacity must be listed Not applicable CR~EN lftOMPSON & ASSOClftJES INC ~ ..,,; Q1IAIi'rOX C()1I1IT1IIIl:'rY DBVBLOPJIBli'.r DISTRICT PALK 9DrH COOliTY, FLORIDA DlGINBERDIG RBPO~ POR PROPOSED ASSESSABLE IKPRuv~ OCTOBER, 1991 Prepared for BOARD OF SUPBRVISORS QtIAHTtDl COv.al~ITY DBVBLOPl!BIl.r DISTlUC'r Prepared by CRAVD TBOlIPSOB Ii ASSOCIADS, DIe. 3563 IJorthvest 53rd Sb:eet Port Lauderdale, Florida 33309 CTIiA P:roject No. 91-0066 . { NOV 2 7 199' TABLE OP CONTENTS Section DescriPtion Paqe Table of Contents List of Figures List of Tables i ii iii 1 0 1 1 1.2 1 3 1 4 2.0 2.1 3.0 3.1 3.2 3.3 3.4 3 5 3 6 3.7 4.0 4.1 4.2 4 3 INTRODUCTION Authorization 1 Purpose and Scope 1 Quantum Corporate Park 3 Quantum Community Development District 4 PROJECT DESCRIPTION Quantum Corporate Park 6 INFRASTRUCTURE IMPROVEMENTS General 7 Arterial and Interior Roads Network 8 with Storm Drainage and Lighting Water Management System 9 Water Distribution System 10 Sanitary Sewer System 11 Parks, Landscaping and Open Space 12 Development Order Obligations 13 VALUE OF IMPROVEMENTS General Summary of Capital Improvements Evaluation Capital Improvements Evaluation in Detail 16 17 18 1/0'1 ~ - '~c1 ~- i ." LIST OF FIGURES Fioure DescriPtion 1 2 3 4 5 Vicinity Map District Limit Map Drainage Map Water Distribution Map Sanitary Sewer System ii .. ." .1'011 , - - , ,,- _ l' LIST OF TABLES Table 4 1 4 2 4 3 Description Overall Area Tabulations Tabulation of Sale Parcels Tabulation of Areas Within District iii paae 23 24 25 .., "fill Section 1 INTRODUCTION 1 1 Authorization On September 11, 1991, the Board of Supervisors of the Quantum Community Development District (District) authorized the firm of Craven Thompson & Associates, Inc: Engineers, Planners & Surveyors, to prepare an engineering report to describe certain capital improvements that the Board is considering acquiring, and to estimate the reasonable cost of acquisition thereof Craven Thompson & Associates, Inc. (CTA) has been selected to serve as the general engineering consultant to the District pursuant to the statutory requirements of Florida's Competitive Negotiation Act (Section 287 055 Florida Statutes (F.S)) for procuring professional services 1 2 Purpose and Scope This engineering report describes the plan for capital improvements for the Quantum Community Development District located in the City of Boynton Beach, Pa~ Beach County, Florida. The plan includes: (1) the acquisition of existing infrastructure, facilities and other items of value and (2), the construction of additional infrastructure facilities necessary for the full development of the land within the District. The report may be utilized by the District in connection with the financing of any or all of the capital improvements described herein In add~tion, the report estimates the value of the capital improvements to be acquired The task of estimating the present- day value of the capital improvements being considered by the District has been approached in two ways Firstly, the value has been estimated by considering the value added to the developable 1 land as a result of the capital improvements Second, the value has been estimated by considering the replacement cost of the improvements already installed if constructed today This second estimate uses cost information available from the original construction, with adjustments for inflation and present-day market conditions Costs used in the case of public improvements which a government authority determines to "make-" are those defined in Chapter 170.00, F.S. as follows: "Such estimated cost may include the cost of construction or reconstruction, the cost of all labor and materials, the cost of all lands, property, rights, easements and franchises acquired, financing charges, interest prior to and during construction and for one year after completion of construction, discount on the sale of special assessment bonds, costs of plans and specifications, surveys of estimates of costs and of revenues, cost of engineering and legal services, and all other expenses necessary or incident to the financing herein authorized." This definition is appropriate here since the District plans to utilize special assessments as described in Chapter 190, F.S ("The Act") and Chapter 170, F S. to finance its capital improvement plan, should the Board decide to proceed with the acquisition. Costs in the case of public improvements which a governing authority determines to "acquire" are not explicitly addressed in either Chapter 170, F.S. or Chapter 190, F.S. However, such costs should not exceed the fair market value price of the improvements to be acquired, based on all relevant circumstances. This point is appropriate here since the District plans to acquire certain infrastructure and facilities that have already been constructed by the landowner. In view of the requirements of Chapter 170 it is useful to provide some preliminary comments concerning the process as required by law and as applied in this particular situation As mentioned above, in this instance a portion of the infrastructure and facilities which provide community infrastructure services to the property within the District have already been constructed by the landowner. 2 i'l'\l f ; .. .., These may be acquired by the District The statute also requires that allocations be made against the benefitting properties in proportion to benefits received This suggests a value basis on the allocation side of the work scope In addition, we are advised that federal tax law requires that the District pay no more than current market value, or the cost of such facilities With these thoughts and requirements in mind we turn to a discussion of the improvement plan. In summary, the purpose of this engineering report is to describe the plan of improvements for the District in terms of: 1. The project that the infrastructure improvements serves; 2. The infrastructure improvements that will be financed by the proceeds of a borrowing through a bond sale; and 3. The value of the improvements benefitting the property owners The scope of the report is limited to those infrastructure improvements within, immediately contiguous with the District's property, or those providing necessary off-site utility service to the District. 1.3 Quantum corcorate Park Quantum Corporate Park is a 601 55 acres (approximately) mixed-use development project zoned for mixed commercial and industrial uses. Roughly 55.79 acres of the land has been assigned for use as parks, open space, and conservation Another 139 67 acres (approximately) contains arterial and interior roads, and water management and control areas The remaining 406 09 acres (approximately) serves, or will serve, commercial office, industrial, research and development (R&D) and other tenants 3 ~O\! Quantum Corporate Park is located in the City of Boynton Beach in Palm Beach County, Florida The site is bounded by Interstate 95 and Congress Avenue on the east and west, and by Miner Road and the South Florida Water Management District C-16 Canal on the north and south (see Vicinity Map, Figure 1, at the end of this section) 1.4 The Ouantum Community Develooment District The Quantum Community Development District, created under Chapter 190, Florida Statutes, was established by Ordinance 091-48 adopted by the City of Boynton Beach, Florida, on July 16, 1991. The District comprises approximately 488 77 acres and lies entirely within the limits of Quantum Corporate Park. A map showing the limits of the District is presented in Figure 2 at the end of this section. Section 190.012 of the Act confers special powers on the District's Board of Supervisors relating to public improvements and community facilities. Under the Act, the Board is authorized to "plan, establish, acquire, construct or reconstruct, enlarge or erect, equip, operate and maintain systems and facilities to service the District" The Ordinance of the City Commission of the City of Boynton Beach establishing the Quantum Community Development District provided for the following services: 1. Water management and control for the lands within the District: 2. Water supply, sewer and wastewater management; 3 Bridges or culverts that may be needed; 4 10 \i " ., .. 4 District roads equal to or exceeding the specifications of the local governing authority; And the following with the city's and county's consent: 5 Parks and recreational facilities; 6 Fire prevention and control (fire stations, water mains, etc ); 7 Security service; and 8 Pest control with the consent of city and county The District is permitted by Section 190 022 to levy special assessments for the construction, acquisition or maintenance of District facilities The District is proposing to finance the improvements and services set forth in this report by the sale of special assessment revenue bonds, such bonds to be repaid by special assessments levied against the property owners located within the District 5 '!OV ~ - ""S. I '/ HYPOLUXO JI ~. ROAD I -J I <f a:: a I f- <f a 0 ~ a:: ID >- .- ~ a:: I ~ (.!) a I- -J a a: en ~ <f ~ 0 a:: I a:: J: u (.!) ~ MINER ROAD J: en I ~ u Z ~ I ~ ~. .. ~ QUANTUM C PARK ." .'r........ . ... , ... , \ ~ I I I I I I I I , I . I , , ' ~ '----' OLD BOYNTON 8EACfi a..vo VICINITY N.TS MAP ~HJ\J ) - 391 FIGURE 1 rg. alAvaI 1 I If. "'~A~ INC. _ ~ r _ _... _ .-,.,1. -R.o - ~..., ~ rIr_ ..., LJI' -. -. lEft ..... -- a:: k.I Z 2 "W ..., eF> ~~ W I ~ ~ 11'1 I- ~ ,,,, r 2 11 lie l- I- Ii U) I Q N ! .ri z k.I 51,1. I i a: I- :) ~ <:l I IL - II e a: I ' w I- . I . lie i e (/)a' - . I i D c, . I ..... "6 !t o c( o a:: \ '\ 1". , \'\ + Section 2 PROJECT DESCRIPTION 2 1 Quantum Corporate Park The District occupies the great majority of Quantum Corporate Park, a planned business park on approximately 601 55 acres located in the City of Boynton Beach, Palm Beach County The Development Order for the Park as currently approved allows for the following uses: 1 Approximately 1,685,772 square feet of office space 2 High-tech R&D showroom, distribution and similar light industrial uses totaling 4,443,120 square feet 3. Hotels and commercial uses to compliment and support the planned business community totaling 426,888 square feet The above items comprise a total of 6,555,780 square feet of building coverage within the area served by the District It is anticipated that the above-described components of Quantum Corporate Park are to be owned and occupied by a numerous variety of owners and users for the purposes planned The project is a Development of Regional Impact (DRI) and regional approval pursuant to Florida's Environmental Land and Water Management Act of 1972 (Section 380 06, Florida Statutes) was granted to RITEcO Development Corporation. An Application for Development Approval for the Development of Regional Impact (ADA/DRI) with the City of Boynton Beach resulted in final development order approval, more specifically: Ordinance #84-51, and amended in Ordinance #86-11, and further amended in Ordinance #86-37, and further amended by Ordinance #88-3. 6 ~ {) 'J ' 1 1991 ~ 'WI Section 3 INFRASTRUCTURE IHPROVEHBNTS 3 1 General Infrastructure improvements to serve developable parcels within the Quantum Corporate Park are substantially complete and in use By Resolution *89-QQ of the City Commission of the City of Boynton Beach, Quantum Corporate Park received City approval, and the improvements were thereby accepted as being in conformance with the approved plans and specifications These improvements include, but are not limited to, the following: 1 The arterial and internal road network with storm, drainage and lighting 2 The water management system 3 The water distribution system 4. The sanitary sewer system, with fully powered lift stations 5 Common area landscaping and signage 6 Parks and conservation areas All capital improvements conform to state, county or municipal goverrunent standards, whichever is applicable to each system. Numerous federal, state, county and municipal agencies were involved in the planning and permitting process The District engineer is of the opinion, based on site visits and perusal of construction correspondence, that permit conditions have generally been satisfied 7 ~ov 2 '7 1991 Construction is in progress for the intersection of Northwest 22nd Avenue, the main Park arterial, with I-95 directly to the east of the Park Certain extensions and additions to improvements within the Park are planned for the near future These include the provision of infrastructure to a 7 acre parcel at the north end of the Park, and the installation of walls and landscape berms on some sections of the perimeter Further required improvements to on-site and off-site addition of traffic lanes and signals are set Development Order for the Park The timing of these is linked to the rate of build-out in the future roads by the out in the improvements The infrastructure already in place and additions planned for the future are described in more detail i;l the following sections. 3.2 Arterial and Interior Road Network with Storm Drainage and Liahtina The roads which service the District are described below: 1 Northwest 22nd Avenue (4-lane with turn lanes, 6,100 linear feet (LP)) 2. Quantum Boulevard (4-lane with turn lanes 7,000 LF) 3 High Ridge Road (north) (4-lane with turn lanes, 4,850 LF) 4 High Ridge Road (south) (2-lane, 200 LF) 5 Quantum Place (2-lane, 600 LF) 6 Park Ridge Boulevard (4-lane with turn lanes, 4,550 LF) 8 iC , - 'Ggl 7 "- Alpha Drive (2-lane, 325 LF) ~ 4 8 Beta Drive (2-lane, 475 LF) 9 Quantum Lakes Drive (4-lane with turn lanes, 2,850 LF) All of the above-described roadways are within, or contiguous with, the boundaries of Quantum Community Development District and serve not only the District's transportation needs, but also its requirements for utility corridors These roadways consist of stabilized subgrade, limerock (Northwest 22nd Avenue) or shell rock (interior roads), base material and asphaltic concrete surface course Curbed, raised medians and curbed roadway edges are provided, and all road design and construction is in accordance with the technical specifications of the governmental agencies having jurisdiction over the project The roadways lie within right-of-ways, dedicated by plat or other recorded instrument Drainage of roadways is generally by means of surface run-off to roadside grassed swales, drained by inlets connected ultimately to outfa1ls discharging to District lakes Street lighting is provided to all streets within the District The District is planning to provide an access road for a proposed seven acre development in the northeast corner of the District in the near future 3.3 Water Manaaement System The master drainage plan for the project incorporates the elements of the system shown on Figure 3 at the end of this section The system comprises swales, inlets, and pipes within road rights-of- way and easements; interconnected man-made lakes; and outfalls in three locations to the Lake Worth Drainage District E-4 Canal 9 .0.12 ; S91 Storm water from roadways is conveyed via swales, inlets and pipes, as described in the previous section, and discharges into District lakes within the District's boundary Excess storm water from individual lots is collected after on-site dry retention pretreatment Drainage pipe stubs connecting to the road drainage system are provided for each lot for this purpose A summary of approximate quantities of drainage infrastructure installed is as follows: 30,000 LF of reinforced concrete and corrugated metal pipe, and 150 inlets, manholes and control structures. The water management system improvements were constructed under permits from South Florida Water Management District and Lake Worth Drainage District, and have been accepted as complete by those agencies Condition 12 of the Development Order for the project ensures that existing and future development of parcels will be in compliance with permit conditions. The District has plans to construct drainage improvements for a proposed seven acre development at the northeast corner of the District in the near future. 3 4 Water Distribution System Water mains have been installed along the above-referenced roads to provide potable water and fire protection service to the District's land owners. The new mains are connected to the existing system owned and operated by the City of Boynton Beach at four locations around the District perimeter Connections to the City system are at Congress Avenue, High Ridge Road, and, on the south side of the C-16 Canal, at the intersection of Northwest 13th Avenue and Northwest 7th Street This latter connection includes an aerial crossing over the C-16 Canal The mains comprise 16",10",8" and 6" 10 lO V 2, 1991 '-' ., ductile iron pipe, with provisions for connection to development parcels via 6" service stubs extending to the property lines Approximately 34,000 linear feet of water main has been installed within the District's boundary, and to off-site connection points . A map of the water distribution system is shown in Figure 4 at the end of this section The entire system has been released for service by Palm Beach County Health Unit and the City of Boynton Beach, and is in use The District has plans to extend the water main to a future development at the northeast corner of the District 3.5 Sanitary Sewer System A sewage collection for the park has been installed, and is fully equipped to provide service to development parcels In the portion of the District lying to the east of the Lake Worth Drainage District E-4 Canal, three separate gravity systems constructed in road rights-of-way or easements each feed to a lift station. Prom these, sewage is pumped via a manifolded force main system to a connection point with the City of Boynton Beach's 16" force main. This connection point is in the right-of-way of the C-16 Canal, at the southeast corner of the project. The lots in the District lying to the west of the E-4 Canal are served by a separate gravity system. This system discharges to a previously existing lift station on the extreme west boundary of the District. Provisions have been made at individual development parcels for connection to the District's system: Each lot either has access to a manhole located just within the lot, or is provided with a 6" lateral connection to the gravity system stubbed into that lot The sewer system comprises some 23,000 LF of 8" vitrified clay gravity sewer pipe, 100 manholes, and 8,500 LF of ductile iron pipe 11 0'1 ) ,- 991 force main The three on-site lift stations have the following characteristics: 1 Lift station #1 has a capacity of 180 gallons per minute (GPM) 2 Lift station #2 has a capacity of 312 GPM 3 Lift station #3 has a capacity of 370 GPM In order to meet powering requirement for the above-mentioned lift stations (and requirements for powering the street lighting for District's roads) the manhole and conduit underground system for electric supply has been installed throughout the District As mandated by the City of Boynton Beach code requirements, no overhead power supply is allowed A map of the sewer system is shown on Figure 5, at the end of this section. The entire sewer system has been accepted as complete and serviceable by Palm Beach Health Department and the City of Boynton Beach, and is constructed to state, county and municipal standards The District plans to extend the gravity sewer system to service a future seven acre development at the northeast corner of the District. 3 6 Parks. Landscapina & O~en Space During the course of the master planning for Quantum Corporate park, concern for conservation, aesthetics and recreation led to the setting aside of land exclusively for these beneficial and desirable uses These are described in more detail below: 1O\; ., 7 1991 12 a ....., City Park .., A parcel of 15 79 acres at the northwest corner of Quantum Corporate Park is to be used by the City of Boynton Beach as a permanent city park The city park is depicted on Figure 2 at the end of Section 2 This land was cleared and filled during the main infrastructure Lmprovement phase of the project b Sand Pine Preserves: Two large parcels of land, one to the south of Northwest 22nd Avenue (14 30 acres) and one to the north (25 70 acres) have been permanently set aside as preserves These are shown on Figure 2 at the end of Section 2 The future of these areas as preserves is ensured by their inclusion in the Development Order for the Park (Order #6) The preserves are areas of particular environmental value as they comprise native Florida vegetation of sand pine scrub canopy, understory and ground cover They also provide habitat for several interesting and rare species of native fauna, including the Gopher Tortoise and Florida Burrowing Owl A carefully planned and executed program for relocation and monitoring of rare fauna was implemented during infrastructure Lmprovements. c Wetland Conservation Areas: Several areas of pre-existing wetland areas were identified and Lmproved during the planning and infrastructure improvement phases In addition, landscaping in the form of vegetated littoral zones of hardwood swamp/freshwater marsh habitats has been established around lakes and wetlands 13 ~O\j _ 7 '991 The requirements and maintenance procedures appear in Development Orders #9 and #10 Future Improvements The City of Boynton Beach will require the construction of bermed landscape buffers and screening walls along certain sections of the District's perimeter Where commercial and industrial zoned lots at Quantum abut existing residential and commercial development, City ordinances require the construction of the buffers described above These must be constructed at the time of lot development, or before The District is making provisions to be able to finance these improvements through the bond issue under consideration 3 7 Develo~ment Order Obliaations Listed below is a summary of the most prominent Development Order obligations which the District will undertake. Some of these items are partially complete, the remainder being future obligations. a (Ref D.O. #23) An additional two lanes on Northwest 22nd Avenue from Congress Avenue to Seacrest Boulevard b (Ref 0 o. #24) Construction plans and right-of-way maps for double left turn lanes on the intersection of Congress Avenue and Boynton Beach Boulevard ($141,000) c. (Ref D.O. #25) FeaSibility/Justification study of new intersection of I-95 with Northwest 22nd Avenue ($200,000) d. (Ref D.O. #26) Contribution to construction on I-95 intersection ($900,000 + cost of living adjustments) e (Ref 0 O. #27) Right-of-way acquisition and construction for I-95 intersection ($900,000 + cost of living adjustments) 14 '0'/ ') - ';1 ~ ." f (Ref 0 0 #28) Monitoring of project traffic generation g (Ref 0 0 #29) Provision of signalization and turn lanes at intersections on Northwest 22nd Avenue to maintain level C service (Estimate $125,000) 15 \IO\J 2 ,.. 1991 i \ In ~ \'\\. ':. ~ "'\' ~ ~ \\, \ u.~ h 4'. '6 t ~ ~ I o ts · .a 1 ~ l S6 31V1S~31NI \ ,~ ~ ,~ ---..-------- -------- --- -------- ----~~ ." % \ ; ~\\\ \ :. 0- \;. 'Z .. '\' ~ffi~ \\t W l-":) t- ~ 4. co 1\\ ~ ~~ \ \ f/) e · or, ~ \ ~ ! 96 31 V 1$ti31NI ... .. ... ... ~ o ... ... ... .... '" ...l ",... ')- a -t:.:'~:' .. ~ - .... 0'00"'.1 ..~ ~-b ~...: q,. "'~ ) "'q;, A -- \ \ ~ ~ \\ ~ \\\1 ,.. , \; " It) ffi ",' \\ ~ ~ \t~ oW ,1 - (J) \ II- ~ l i 4 ~ , '= ,~- ~~ (J) ~ gS 31'V1SH31N/ ~ l~ ~ t 'i II> ..~ '''~ d'~ ) "'Cb -------- ----- .- ---- -- 'w ., Section 4 VALUE OF llIPROVEXENTS 4 1 General The framework for arr~v~ng at the estimated value of the capital improvements has already been introduced in Section 1, paragraph 1 2, of this report Section 4 presents a more detailed explanation of the methodology and rationale behind the valuation as well as the valuation itself A summary will be found in paragraph 4 2, followed by a narrative in paragraph 4 3 It is important to mention at this stage that the legal environment for development of land in Florida has undergone very significant changes irt the last decade: State Growth Management Legislation, County comprehensive plans, and policies of agencies governing environmental issues have all contributed to tighter controls on development. It is our opinion that the Quantum Corporate Park could not be developed to its present extent if it were to be started today It would not be possible or practical to speculate on what effect the above-mentioned restrictions would have on the scope of development, let alone assign an enhanced value to the existing improvements. It does, however, give reassurance that the evaluations made in the following sections represent at least the fair market value of the improvements NOV 2 7 1991 16 4 2 Summarv of Capital Improvements Evaluation First Approach: As described in Section 4 3 1, the evaluation based on land value is 545,103,853 Second Approach: As described in Section 4 3 2, the evaluation based on replacement cost is 545,638.543 Summary: A conservative evaluation of the capital improvements being considered herein is, in our opinion, 545 million, based on the analysis in this report 17 ~ov 2 7 199t "W' ..., 4 3 Capital Improvements Evaluation in Detail 431 4.3.2 First approach using value of land: 1 The 1991 County tax roll for the developable parcels within the District has been studied by the District Engineer The assessed value of vacant land averages at $176,000/acre approximately Typically, County assessed land values are up to 20% lower than actual market value i e actual market value may be up to $220,000/acre A value of $198,000/acre, between these two figures, is considered to be conservative, and will be used in this analysis 2. The original cost of land in late 1985 was approximately $47,000/acre. Allowing for 15% inflation over this period, the 1991 value is approximately$54,050/acre. 3. The difference between present value of vacant land and original cost of the land adjusted for inflation is considered by us as representing the value added by the capital improvements (both those in place and those which will be required for infrastructure completion) A simple subtraction gives a value of (198,000 less 54,050) x 313 33 acres = S45.103.853 Second approach using replacement cost: The sources and methodology used in the second approach to evaluating existing District improvements is based on historic costs adjusted by an inflation factor, and an 18 ~IOV ., ,.. 991 allowance for known future capital improvements The aim of this approach is to give an evaluation by looking at replacement cost at today's prices, together with future improvements A summary of these costs is given below: Infrastructure Costs A Completed to date (3/31/91) A.4 Interest on Construction Loan for 3 yrs @ 10% A 5 Cost of Land (195 46 Acres) A.6 Inflation, 1988-1991 @ 15% Say 1991 VALUE 14,593,418 3,095,402 3.672.648 21,361,468 7,070,646 A.1 Infrastructure Construction A.2 Professional Fees Allocated A 3 Construction administration, supervision & inspections 9.191.897 37,624,011 5.643.601 43,267,613 B Future Improvements B.3 Construction Administration, Supervision & Inspection B.4 Interest on Construction Loan 2 yrs. @ 10% 1,632,873 163,287 163.287 B.1 Infrastructure Construction B 2 Professional Fees 1,959,447 411.483 2,370,930 Est~ated Total Value of Improvements for Complete Infrastructure System = 45,638,543 NOTES: 1) Infrastructure Construction a) Completed to date: Estimated costs were derived, where possible, from certified construction pay draws, made available by 19 'WV ,: '- ']9i ~ ..., the Park's developer for the District Engineer's review: Additional information on actual costs came from funded draws on the construction loan Though the award of the majority of construction contracts was by lump sum, contract back-up material contained detailed unit prices and quantities A review of this material gave the District Engineer reasonable assurance that prices were in line with market prices current at that time: A comparative study was made using contract data from similar projects under construction at that time b) Future improvements: The great majority of future improvements for which the District must provide funding are dictated by conditions in the Development Order These are enumerated and described in Section 3, Paragraph 3 7 of this report Financial obligations are laid out in detail in the Development Order for some items, and estimates have been made for the remainder 2) Professional Fees: Included in this category are fees for professionals involved in the project in the disciplines listed below, who have provided services, and will continue to do so, in the future: a Planning b. Architecture c. Engineering Mechanical) Legal (Civil, Traffic, Electrical, d 20 ~ov - e Financial Consulting f Environmental Consulting and Science g Specialist project Management h Inspection Project accounting records and summaries made available to the District Engineer by the Park's developers are the source for costs associated with the above Estimates of fees for future improvements are based on 10% of estimated hard costs for planning, engineering, surveying and legal work, and an additional 10% for construction administration and inspection 3) Cost of Land: To arrive at a value for land which will be dedicated to the District, area tabulations have been made, and appear in tables 4 1 to 4.3 at the end of this section The acreages are compiled from a drawing by FRS & Associates: Engineers, Land Surveyors, Land planning of West Palm Beach, Florida, referenced "Quantum Park at Boynton Beach Hard Copy", #89-5-20. This was provided by the Park's developer, and depicts all platted lots, tracts, streets, and site geometry Legal descriptions attached as exhibits to the Quantum Community Development District amended petition, and the City of Boynton Beach resolution adopting the District, have also been used in area calculations (see table 4 3). The "per acre" evaluation of lands to be acquired by the District was calculated by taking the original purchase price of the land and associated capitalized costs, amounting to $28,288,998 and dividing this by the overall area of Quantum Corporate Park as it now exists - 601 55 21 "OV - ~ ..., acres (approximately) This results in a value/acre of 28,288,998 + 601 55 = $47,027/acre The land qualifying for inclusion in this category comprises the following: a. Arterial and interior roads b Water management areas and wetlands c Canal easement within the District d Sand Pine Preserves e. City park (66 82 acres) (55 70 acres) ( 17 15 acres) (40 00 acres) (15.79 acres) 195 46 acres 4) These "book" costs are the foundation on which to determine the total costs of the infrastructure already constructed by the landowner since the landowner intends to sell these existing public improvements to the District for a price not exceeding the landowner's "book" costs for the same. The "book cost" price requires adjustment to the extent, if any, that such price exceeds the current fair market value of the existing public improvements These public improvements have been constructed but are largely unused, so that their fair market value is their replacement cost under current conditions (including market, legal, engineering and requlatory conditions) without adjustment for depreciation 22 l1)'J '! i i99' TABLE 4.1 OVERALL AREA TABULATION 1 Roadways: a NW 22nd Avenue 19 59 b Tract "C" - High Ridge 3 34 c Private 43.89 66.82 66 82 2 Water management &: wetlands 55 70 Canal Easements/ R/W 17.15 72.85 72 85 3 Sand Pine Preserves 40 00 City Park 15.79 55 79 55.79 195 46 4 Sold lots Lots 4A,46c,47D 2 70 Lots 4B,5A 2.29 Lot 4 1.90 Lot 5 2.03 Lot 20 1 58 Lot 20A o 70 Lot 55 55.00 Lot 46B 2.17 Lot 47C 1 45 Part 47B 0.53 Lot 51A o 91 Lot 5IB 2.22 Lot 89A 1.00 Part 89B 0.77 75.25 75 25 5 Unsold Lots (See Table 4 4) = 313 33 unsold water lots (integral w/adjacent lots) 17.51 Ac Overall Area 601.55 I'V 2 7 1991 23 ,.., ..., TABULATION OF SALE PARCELS LOT # AREA 1 3.5766 2 3.7679 3 4 0754 6 2.2319 7 16040 8 1 6165 9 1 6410 10 1 7934 11 1 3365 12 1 9451 13 2.0528 14 2.1745 15 2.5652 16 2.6856 17 3.3854 18 2.3733 19 1.8993 21 1.6389 22 1 .2288 23 1.5071 24 1 .2341 25 1.2849 26 1 .2801 27 1.2052 28 1.3172 29 2.2455 30 2.9335 TABLE 4.2 LOT # AREA LOT # AREA 31 2.2694 49 4 6887 32 2.7872 508 4.2503 33 2.4354 50A 1 4149 34A 3.7338 510 1 .2094 348 4 0433 52 4.4122 34C 6.5808 I 53 3.7727 35 2.1385 54 3.8106 36 3.5862 56 3.0183 37 2.2262 57 5.8002 38 2.6175 58 4 9279 39 3.6039 59 4 8152 40 3.8997 60 6.7029 41A 2.4112 61 3.6448 418 2.3999 62 3.0029 41C 2.4000 63 3.1417 42A 2.3922 64 3.4344 428 2.6909 65A 2.8266 43 8.1733 658 2.4079 44 7 0761 66 3.5523 45A 17945 67A 2.4452 45B 2.2929 67B 1.8844 46A 2.0528 67C 2.0112 47A 1.3903 68A 2.0592 47B part 0.8613 68B 1.5444 48A 1 4811 69 3.6036 48B 1 4811 70 3.6036 48C 2.3697 72 5.4569 NOTE. THIS TABULATION DOES NOT INCLUDE UNSOLD WATER LOTS. 24 LOT # AREA 73A 2.6555 738 1.9221 74 2.7122 75 3.0238 76 3.4327 77 3.2799 78 2.5375 79 4.0760 80 3.9185 81 4 1561 82 5.8586 83 4.2257 84 3.4646 85 3.4419 86 3.2592 87 5.0535 88 3.0562 89B pan 4.0000 90 11.3711 91 6.6503 TOfAL313.33 ACRES NOV ~ - ';91 TABLE 4.3 TABULATION OF AREAS WITHIN DISTRICT PARCEL NO. DESCRIPTION AREA 1 Plat No. 1 A 1 891 Ac.+/- 2 Plat No 1 19 482 Ac.+/- 3 Plat No. 2 75.223 Ac.+/- 4 Plat No. 3 103.974 AC.+I- 5 Plat No. 4 Less Plat 1 0 22.889 Ac.+/- 6 Plat No. 5 91 899 Ac.+/- 7 Plat No. 6 Less Plat 9 61.54 Ac.+/- 8 Plat No. 7 Less Plat 11 19 062 Ac. +/- 9 Plat No. 8 49 623 Ac.+/- 10 Plat No. 9 50.04 Ac.+/- 11 Plat No 10 67 969 Ac.+/- 12 Plat No. 11 4.578 Ac.+/- 13 P C D Center 13.933 Ac.+/- TOGETHER WITH TW1. Already a Part of Plat No. 10 NJA TW2 Metes and Bounds 0.050 Ac.+/- TW3 Metes and Bounds 0.338 Ac.+/- SUBTOTAL 582.491 Ac.+/- LESS AND EXCEPT PARCEL NO. DESCRIPTION AREA OP1 Lot 921Plat No. 3 15.792 Ac.+/- OP2 Lot 51-B/Plat No.4 2.224 Ac.+/- OP3 Lot 55/Plat No. 5 55.000 Ac.+/- OP4 Lot 46 and Other Lands 6.124 Ac.+/- OP5 Lift Station/Plat No. 1 0.020 Ac.+/- ope Tract 'C'/Plat NO.8 3.339 Ac.+/- OP7 Lot 89-A and Other Lands 1 771 Ac.+J- OP8 Lots 4, 4-A 4-B, 5 and 5-A 6.959 Ac.+/- OP9 Lot 20/Plat No.2 1 584 Ac.+/- OP10 Lot 51-AlPlat No. 10 0908 Ac.+/- SUBTOTAL 93.721 Ac.+/- GRAND TOTAL 488.770 Ac.+/- 25 ~~-V '~ 7 i991 -/ "- Replv To Fort Lauderdak Office Mr Kevin Hallahan, City Forester City of Boynton Beach POBox 310 Boynton Beach, Florida 33425 Re Dear Kevin. I am writing in response to your proposal to establish a procedure for delineating Sand Pine Microsite areas. However, a procedure has already been established as provided In the EcologIcal Report, Amendment #3, dated December 20, 1988. For your reference, I have provided herewIth a copy of the Ecological Report with highlighted sectIOns of "Micrositing of 12 Acres of Sand Pine Scrub" and "Response to Michael Busha's letter to Carmen Annunziato" dated March 9, 1988. These sections address the issues which are identified in your proposal. In summary, the procedure works as follows. 1. Since the Developer cannot give up its flexibility with respect to micro siting Sand Pine Scrub areas until the individual tracts are developed, the Developer has provided a tract map identifyIng potential remaining areas of 66 acres. A tract map will be submitted quarterly until such time as the 12 acres of Sand Pine Micrositing have been dedicated. Since no additional clearing has taken place affecting Microsite Areas, there has not been a need to resubmIt the same tract map as initially presented. 2. The time of dedication and acceptance will be at the completion of lot development so that no danger of destroying dedicated Sand Pine could occur during lot development. "Prior to the commencement of any clearing beyond what was done for the infrastructure improvements, a site plan approval and permit must be obtained from the City of Boynton Beach. This process is the control by which the Developer and the Quantum Park Property Owners' Association assures that no additional Sand PIne Scrub will be cleared without the express permIssion of the City and the Developer Such permission will only be give with a complete understanding that a 12 acre area of potential Micrositing still exists within Quantum Corporate Park" 3. Upon the completion of a project on a development site, the Property Owners' Association will investigate the possibility of delineating a Microsite area and will review the site with the City of Boynton Beach ForesteL If the site is acceptable, a legal description and survey of the Microsite area will be prep.ared. Upon delineatlOn o.f the MIcrosite ao~~~Y1lJ1!l\ will be credIted toward the 12 acre reqUIrement. F~-,;-".... ."-oo.A. I l;ri-Mtschllreland Properties- Melvin Simon Joint Venture The 110 Tower. 21st Floor. 110 Southeast s~~t\tr~? ~~uderdale Florida 33301-3415 Broward (305) 763-RR88. FAX (305) 763-R996. Palm Beach L4P7) 7J.4-J~55. · BlUk~1OS) 945-RIIO. 800-421-5114 t"'LAN!~1 ~I.:i t:.l-'I. The Building. 1125 Northeast 125 Street. North Miami, Florida 33161 110") RQ1-hl>fl6 . FAX (305) 895-R241 f / Mr Kevin Hallahan, Continued June 28, 1990 Page Two The primary reasons the Developer agreed to identifying the potential available Microsite areas on the tract map was to assure the City and Agencies that sufficient Sand Pine Scrub areas are available to meet our 12 acre requirement. Further, it was agreed that the Microsite areas would be delineated upon completion of a project in order to assure the areas were acceptable after construction of the project. Therefore, it is still my belief that the established procedures address your concerns and identifies a procedure which should facilitate sIte plan review If you have any questions, please do not hesitate to contact me. MJT:aem (MHall) Enclosures CC. Mr George W Zimmerman Mr Steven W Deutsch Dr Donald Richardson David S. Pressly, Esq Mr Tim Cannon Mr Michael Haag /' -- ---~ ~ .... f . ECOLOGICAL REPORT FOR QUANTUM CORPORATE PARK BOYNTON BEACH, FLORIDA AMENDMENT #3 DECEMBER 20, 1988 ". THIS REPORT IS AN AMENDMENT TO THE ORIGINAL ECOLOGICAL REPORT DATED AUGUST 4, 1986, AS AMENDED ON MARCH 16, 1987, AND AS AMENDED ON JANUARY 5, 1988 AMENDMENT #3 DECEMBER 20, 1988 INTRODUCTION I tis I mportant as we cont i nue the long term deve I opment of Quantum Corporate Park that there be a c I ear understand I ng of the Deve 1 oper' s intentions and responsibIlities, as well as those that he must interface with at each of the various controlling agencIes The continued discussion of factors impactIng decisions with respect to Sand Pine Scrub, have clouded a number of the specific requirements of the Development Order with recommendations that tend to unjustly expand the original requirements The Developer has taken the position steadfastly, since their acquisition of the property, that they are dedicated to the preservation of 40 acres of Sand PIne Scrub on the property known as Quantum Corporate Park Cons i stent with that comnitment is the Deve loper's be lief that the Deve lopment Order runs with the I and and t hat a II subsequent land owners and developers of property within Quantum Corporate Park are bound by the same requ i rements and restr i ct ions of the Development Order The importance of this distinction is that the ent i re I and area of Quantum Corporate Park has not and will not be developed at this time The individual tracts remain undeveloped Many of the Deve 1 opment Order requ I rements are keyed to deve I opment since that is the approprIate time for decision makIng relative to those parcels of land We continue to present this argument and, therefore, ask you, withIn the further discussions of this amendment, to deldY some of your final decisions with respect to Sand Pine Scrub, unti I specific lots Including such scrub areas are developed The presentatIon of this amendment begins with a restatement of portions of the Deve I opment Order and hopefu II y a clear de II neat i on of exact I y what the Developer's responsibilities are at this Juncture Following that clarIficatIon Is a discussion of mlcrositing - the procedure that wI II be uti I Ized to both ensure the preservatIon of scrub areas until the mlcrosltlng has been finally delineated, and also, an Identification of the procedure to be utilized In identifying those areas F i na I I y. the rema I nder of the amendment w I II be a narrat I ve that fo II ows the questIons raIsed In HIke Busha's letter of March 9, 1988 DEVELOPHENT ORDER COND1TION #6 n(6)The Developer shall preserve In vIable condition a minimum of forty (40) acres of Sand Pine Scrub canopy, understory and I ~~--~----- groundcover vegetation Prior to commencement of any Llearlng act I v I ties, the Deve 1 oper sha II survey the site to determ i /Ie the numbers and distribution of any populations of the Gopher Tortoise, Florida Burrowing Owl, Florida Gopher Frog, Florida Mouse, and Florida Scrub Lizard which occur Sand Pine Scrub Preserve area(s) shall be of appropriate size, quality and arrangement to maintain all populations of the species A preservation plan shall be deve loped wh I ch (a) i dent i f i es and de 11 neates t he boundar i es of Sand Pine Scrub hab I tat areas to be preserved; (b) prov i des for the effective relocation into preserve area(s) of any populations of the species of concern listed above which occur outside the preserve area(s) limits; and (c) provides a management program for ttle Sand Pine Scrub Preserve area(s) which will provide and maintain suitable habitat for the species of concern which exist or are relocated into the area(s) The above plan sha 11 be subm I tted to the City of Boynton Beach, Florida Game and Fresh Water Fish Commission, Department of Natural Resources, and the Treasure COdS t Reg i ona I PI ann I ng Counc I I No development shall occur until the plan has been approved by all of the responsible agencies and the animals are relocated in accordance with the approved plan " ( ~/. To begin with, the Developer has complied completely with some of the requirements of Condition #6 as follows Prior to the commencement of any clearing activities, the Developer did survey the site, presented it to the applicable agencies, received approval of the surveys, and relocated animals with respect to the conditions Imposed within a sub- area of the 40 acre northern preserve (Preserve Area #1) Such sub-area is still contained within the 25 7 acre preserve as incorporated in our current Master Site Development Plan and dedicated under our plats for continued preservation Next, the Developer has developed a Preservation Plan which accomplishes the following a) The plan Identifies and delineates by survey and legal description the boundaries of the two Sand Pine Scrub areas that wi 11 be preserved The tota 1 area of such preserves is 40 acres The Deve 1 opment Order does not conta I n any prov is ion that these areas be fenced or otherwise designated on the property The additional delineation of Sand Pine areas in the amount of 12 acres will be I dent i fled on spec i fie deve lopment tracts as they are developed b) The plan that has been developed provided for the effective relocation Into the preserve area of the populations of species of concern 11 sted with f n Cond I t ion #6 that were discovered as part of the site survey The animals were relocdted in accordance with the directions of the Game and Freshwater Fish Convnlssion as Identified In the previously approved copy of the Ecological Plan c) The Developer has provided a management program for the northern Sand Pine Scrub Preserve area wh I ch will pro v I de and fTId i nta i n suitable habitat for the species of concern which exist or are relocated Into the area It is a Developer's belief that through compliance with Sections A, B, and C of the Preservation Plan that they have, in effect, fully completed the requirements of the Preservation Plan, except for the final delineation of the additional 12 acres of scrub yet to be def i ned I n the micros i ted areas 1 f, for any reason, you disagree with that pas I t lon, It is Important Haat we discuss It Invnedlately The final paragraph of Condition #6 requires that the Preservation Plan be submitted to the appl icable agencies for approval and that no development shall occur until the plan has been approved by all agencies and the an I ma 1 s were re located I n accordance with the approved p I an Both of these requirements have been fulfilled, and an approval to begin clearing was received Since approval, It was determined that additional scrub other than what was provided within the preserve must be identified However, it was never determined that the relocation of species of concern was invalidated by such discovery Furthermore, the preserve area within the northern section of Quantum Corporate Park was maintained at 25 7 acres to specifically allow appropriate areas for such species Again, since we have fully complied with the requirements for the Preservat ion P I an, we see as our on I y responsibi 1 ity the establishment of 12 acres of microsited Sand Pine Scrub area; not as a hab I tat for endangered spec i es, but as an area to prov i de for our requirement to preserve 40 acres of Sand Pine Scrub There are a few other specifics with respect to the Development Order language that are necessary to view closely so that a proper interpretation of the mlcroslted areas can be made a) In the first paragraph of Condition #6 it says that "Sand Pine Scrub Preserve areas shall be of appropriate size, qual ity, and arrangement to maintain al I populations of these species" Since the only requirement for size, quality, and arrangement have to do with the maintenance of endangered species, we do not think stringent requirements on the microsited areas were contemplated by this Development Order condition It must be remembered that all relocated species have been moved to the 25 7 acre preserve at the north end of the park b) I t must be po i nted out that the Preservat ion P I an ca 11 ed for under Condition #6 has to do with the plan that preserves the species of concern listed In the first paragraph of the / / L_ , cond i t ion, (1 ) the plan 'Ieeded to be deve I oped ~lld I t I ,~t it identified the boundaric:. of the hdbitCit areas to Le: r)rl~,,;;,'rvt'd; (2 ) provided for UIC effective relocdtion intu ttw f I <: E:rve popu I at ions of the spec i es and; (3) prov I ded d 1fi.:J1 io.Jlj~ifIent program for the Sand PI ne Sl-rub Preserve wh I ch will ~I..., I de dnJ ma i ntal n sultab Ie hab Itat ror the spec I es of C(Jlwern It i::, clear that ttle Pre~ervatlon Plan has to du witt, pr,-.~t:'1 "irl.;) a habitat fot- the species of concern raUler tllan ~n t:U_u,~tt=f11 containing speclfiL pld~t~ dnJ soils c) Finally, we must note Ullder Item C of Condlticn #0 U.dt thE' requirement is for a management program, not tur 0 J~'u_ific management plan We interpret the difference bein'cl tLat a marlagement program out lines the kinds of ttli ny::. t li.:Jt wi I I be done, how they S~IOU I d be undertak en, and wtlO ~ I ,uU I d be responsible We don't believe a management program .;jt:'L into spec I fi c cost est imates for undertak i ng act ions yedrs I n the future, nor the identification of methods of pdyments tur such activities, only the fact that in order to mana;]...: tile I'dbitat such things will be unJertdken at the directlun uf Ljlll~..dent supervisory control and that the responsibility to Cjrry it out Is c I ear I y ded I cated dnd undertaken by the Pr'.lpt:l t'y Owners Association, as Identified In the Protective Cov~ndnts already recorded for Quantum Corporate Park tlJ eROS! T I NG AS ADDRESSED WI Tt!HLltlf__ADA The Boynton Beach Park of Commerce (nk/a) Quantum Park at Bvynt,)n lledCI!) ADA Is fu 11 y Incorporated into Ule Deve lopment Order pUrsUcJllt to Cond I t ion # I of the Deve I opment Order Pages 4 I and 42 of ArJpd1lj i >.. 18- A-I have been Included herein for your reference On ~J~~ 42, Loncluslon and recommendation #7 reads as follows (7)* "At least 25"k of tile existing undisturbed ~CJI,J Pillt:: ~l.rub Vegetdtion (32 acres) at the eastern edge of the prOf-'dty ..:lId just northwest of 22nd Avenue, be preserved by judicivu~ sitiny of bu i I dings on the var lous lot 5 In ttll s parce I (see maps H .:I II ,j 11- I ) *Note Preservat I on uf Uli s port Ion of tt1e S&IU F' i ri~ :JL rub vegetation shall be ti,e resporlsibi I Ity of ttlt: F'rvp~1 ty UWflers Association and an Archit~ctural Review Co~nittee As we dll know, the final requirement, as stated In ttl~ LJevtluprr.ent Order, was the preservat I on uf 40 acres uf Sand Pi ne ~cr lit, '" I tt. I n Quantum Corporate Park It is Inl(Jurtant to note, however, Hiett tl _Jlli the earliest phases of Sand Pine preservation discussion, ti,t: irllt-rltions were to allow micrositlng of Sand Pine on specifiL devt:l,j~.rllt:i L lots Hare particularly, It was also noted that the portion of Sofld Pii,t: Scrub that would be preserved on Individual building luts would ~e j~telmined at the t I me bu II dings were sited on such lots and deve I ('i--'mel,t I t such lots were to take place Furthermore. it was determinl?J tl..Clt the Property Owners Association and Hie Architectural Review C...Arlfnittt,;c would be the appropriate bodies to be involved In such dellne,;jtiun uf mlcroslted areas when such parcels developed This process. as endorsed by the Development Order, is what we plan to fol low in the completion of this project ~ MICROSITING OF 12 ACRES OF SAND PINE SCRUB The Developer cannot give up its flexibility with respect to micrositlng Sand Pine Scrub areas until such time as Individual tracts of land are deve loped Therefore, micros I tes cannot be i dent i f i ed at ttl i 5 time However, to assure all agencies that appropriate scrub Is retdined in the undeveloped areas (on development tracts) in excess of 12 0 acres. we have subm i tted herewf th an ex i st I ng record of the add I t I ona I Sand Pine Scrub that exists at this time Included herewith is a 200 scale aer i a 1 photograph and tract map de II neat i ng those areas of rema i n I ng Sand Pine Scrub Furthermore. Quantum Corporate Park hereby uyrees to subm I t an area tract map on a quarter 1 y bas i s I derlt i t y i fig those potential Sand Pine Microsltes that still exist and those that have been del ineated within development site plans as preserve areas tnat :;I,all be held in preservation in perpetuity The tract map wi I' b~ sllumitted quarterly until such time as the additional 12 acres of Sand Pine Microsltings have been dedicated The time of dedication and aCLeptance will be at the comp let i on of lot deve 1 opment so that no danger of destroyiny dedicated Sand Pine could occur during lot development .... Each quarterly submission of the tract map will be reviewed v.ith the Forester of the City of Boynton Beach for the i r concurI' ence, alld then subm i tted to the Treasure Coast Reg i ona I PI ann i ng Counc i I fur the i r concurrence In addition to the microsited areas of existing scrub there has been, and will continue to be, a policy held by Quantum CUlpuratc Park deve I opel's to a II ow and encourage deve lopers of i nd i v i dua I ~ i t eS to replant landscape areas with sLrub vegetat ion Through t ime=, as such scrub areas fu II y deve I op, the deve lopeI' may wish to pet i t i un "II easure Coast Reg i ona 1 P I ann i ng Counc i I to approve such areas dS Sand Pine Microsite areas Since it is impossible to consider all of the variations of soils and plant materials that may be involved in this type of reclamat ion and Sand Pine reestablishment, our proposal is to merely leav't= till:: L1t:'l.ision concerning the scrub's viabi 1 ity to the City Forester and Trea~ure Coast Regional Planning Council at the time such petition is made Given that flexibi I ity, decisions about such replanted areas and the 4 ",cr eS of scrub fingers already planted can be left to a time that their Vidbil ity is assured by on-site investigation after establ ishment of vegetation ~RESPONSE TO MICHAEL BUSHA'S LETTER TO CARMEN ANNUNZIATO DATED MARCH 9, 1988 The following commentary attempts to provide a complete explanation for those items requested in Michael Busha's letter of March 9. 1988 Some of the items that have been requested fall outside the responsibilities of the Developer as listed in the Development Order Conditions #6 and #9 Wherever we could comply with these additional requests. we have wi 1 I I ng I y With respect to other reconvnendat ions or suggest ions that add specific complications to the completion of our work, we regret that we cannot read il y comp 1 y with a II of these A deta il ed rev i ew is as fo 11 ows Under the wetland and littoral zone plan, we have incorporated into our attachments a number of items which we bel ieve wi 11 fully clarify the questions raised in this section of the letter We have included boundary surveys of both of the existing preserved wetlands, Including therewith reports for the exotic removals within those wetlands and their ongoing management plans, both approved by the DER under their permit conditions Additionally we have submitted a set of drawings which show the complete plant list and planting plans for all of the lakes within the park identifying the littoral zones and hardwood swamp areas The plans are deoicted in such a way that they are tied directly Into the Master Site Development Plan. approved in February of this year The second paragraph of Page 2 of Mr Busha's letter addresses the lack of surveyed locations of microsited scrub areas The preceding information Identifying "Conclusion and Reconvnendations" of the ADA indicates that surveyed locations of microslte areas are not appropriate unti I Individual tracts have been approved for deve I opment Furthermore, we have proposed wa i t I ng unt I I development on these tracts Is complete and a survey of actual remaining scrub 1s made, as a means of greater assurance A case In point is our first development site. Publix Super Market/DIstrIbutIon Center. which has retained a 20' strip of Sand Pine Scrub on the I r easternmost boundary Upon comp let i on of the site, which should occur in February or March of next year. it is the intention of the Property Owners Association to investigate the Sand PIne Preserve area, review It with the City of Boynton Beach Forester, and have it delineated as a Preserve Hicrosite area At that time, a legal descr i pt ion and survey of the area wi II be prepared With respect to identifying those scrub areas which are options for mlcrosltlng, please refer to the enclosed tract map that identifies all areas of existing Sand Pine Scrub on the site All of these areas will remain until such time as the Individual lots are deve loped pr 1 or to the convnencement of any clear I ng beyond what was done for the Infrastructure improvements (completed at this ~ time), a site plan approval and permit must be obtained from the CIty of Boynton Beach This process Is the control by which the Deve I oper and the Quantum Corporate Park Property Owners Association assures that no additional Sand Pine Scrub wi II be cleared without the express permission of the City and the Developer, and such permission wi II only be given with a ~omplete understand I ng that a 12 acre area of potent i al micros i t i ng st i II exists within the Quantum Corporate Park site Paragraph #3 on Page 2 of the letter discusses the reduction of the northern preserve area from 40 acres to 25 7 acres The size of the existing preserve was determined based upon animal relocation We apprec I ate Treasure Coast's pos i t i on that the reduct i on does not affect the relocated populations and have pursued confirmation of such position from Joan Diemer of the Florida Game and Freshwater Fish Commission Hs Diemer has received the enclosed letter from us requesting official confirmation of these facts Paragraph #3 on Page 2 of the letter i nd i cates that add i t i ona I gopher tortoise burrows were observed on tracts not being developed at this time within Quantum Corporate Park Please be aware that the park Is surrounded by lands that have a relatively high occurrence of gopher tortoise burrows When we trapped and relocated all of the gopher tortoise on our 562 acres to the 25 acre ~' - preserve, we opened considerable area for Intrusion of gopher tortoise from bordering properties We expect this Intrusion to continue Under the requirements of the Development Order, we have surveyed and trapped the initial populations in accordance with the requirements. All animals were relocated to the 25 7 acre ~reserve area In the future development of individual parcels. the Deve 1 OPE:r', whether I t be Quantum Assoc i ates or someone who has purchased I and from us, has a respons I b i I I ty to dea I with the endangered species In concert with the Development Order However. the park Deve 10per does not contemp I ate any further an i ma I survey nor relocation as part of the infrastructure improvement I n the f i na I paragraph of Page 2, there Is discuss i on concern i ng what requ I rements there are with respect to Sand Pine management The Deve 1 opment Order c I ear 1 y requ I res the Deve I oper to prepare a management program which will provide and maintain suitable habitat for the spec i es of concern We fee I the p I an a I ready subm I tted appropriately carries out the mission However, in the interest of making It more comprehensive, we have asked our consultant to elaborate on the management of these areas and he has done so I nc I uded here i n is the Resource Management P I an for the Sand Pine Scrub Preserves and 2 dated 27 of Apr I I, 1988 Since the Management Program required by the Development Order has been geared towards maintaining scrub habitat for endangered species, it is not our Intent to prepare a Management Plan for the mlcroslted areas Page 3 of the letter under Management Plan Goal. lists the first goa I as long term ma i ntenance of vegetat i ve divers i ty A I though this may be desirable, it is not clear that this is a requirement of the Developer under the Development Order The second part of the plan goal, Longterm Provision of Suitable Habitat for Endangered and Threatened Species, again, this Is clear that It is a Developer respons I b 11 i ty I n the Deve 1 opment Order and we have appropr I ate I y addressed it. Item #3 In the Management Plan goal Is the scrub soils preservatIon. This again is not a specIfIc requirement of the Deve 1 opment Order A 1 though these i terns are not spec i f I c requ I rements of the Deve I opment Order, we have endeavored to keep them utmost In our consideration In the preparation of our Management Plan Of the Items A through f requested in the letter, Items A, Band C. considering the caveats just expressed, are discussed In detail in the Resource Management Plan for Sand Pine Scrub Preserve #1 and #2. Quantum Corporate Park I tern D You have requested an est I mate of the tota I cost of I mp I ement i ng the proposed Hab I tat Management P I an. i nc I ud I ng per sonne I requ I red We are unaware of what cost s might be since they are so dependent upon adjacent deve I opment at the time of , , management procedures They are also highly influenced by changes I n codes and other laws wh i ch affect the procedures A current estimate In 198B dollars is $11,300 00 Under I tern E you've asked for the ent i ty respons I b I e for Implementation of the proposed Management Plan Again, there is only a management program, and the entity responsible for- carrying out the program and delineation of the specific plan that ties with the timing and the adjacent development, Is the Quantum Corporate Park Property Owners Association Under Item F, the Instrument which provides reasonable assurance that the financial and Institutional ability to carry out the commitments Included In the Management Program exists, Is the Quantum Corporate Park Covenants which have been recorded as part of the p I at approva 1 process for Quantum Corporate Park A copy of such Covenants are included herein The first paragraph of Page 4 of Mr Busha's letter discusses the reI ief of mlcroslted areas, should additional Sand Pine Scrub be created elsewhere on the property Cons I stent with my comments ear I I er, I agree with Mr Busha' s pas I t I on that Sand Pine Scrub creation experiments cannot be approved until a criteria Is estab 11 shed However, I th I nk the appropr I ate format i on of the # , . i ! \ \ depends upon the witness of a successful creation crl, , experiment We feel it is appropriate to address this item when we have areas that are fe 1 t by our consu I tant to be appropr i ate I y considered as Sand Pine Scrub At that time, the prevailing definition of Sand Pine Scrub can be used to evaluate It With respect to the 1 ast paragraph of Hr Busha's 1 etter, it has been much more efficient for us to specifically respond to the areas of concern raised by the Treasure Coast Regional Planning Councl I rather than revisiting the areas of the previously developed plan I trust that the plan, as presented herein, addresses all existing concerns and can bring us to a speedy approval of the document and Implementation of the remainder of the plan '-- CITY of BOYNTON BEACH 0.. ., ~-'f... too ElIst Boynton B""ct1 Bouluvl'lrd p 0 BOI( 3 to Boynton """oh FlorId" 1342~-IJ'lIO (.t071 73.-8111 RECEIVED June 19, 1990 JUN 20 1990 PLANNING DEPT. Mr Mike Towell Quantum Associates 110 SE 6th Street 21st Floor Fort Lauderdale, FL 33301-3145 . Dear Mike This letter is in response to your submittal for micro-site approval of the publix Distribution Center three-quarter acre parcel The Treasure Coast Regional Planning Council (T C R PC) representative reviewed the area and made a recommendation to not accept the site (See attached letter) The City position must be consistent with the T C R P C findings since there are other sites available that can be counted toward the micro-site acreage requirement (twelve acres) In order to facilitate an orderly review of micro-site submittals, I propose Quantum Associates and the City do the following 1 Review the "Exhibit to Ecological Report", December 20, 1988 map which depicts the individual lots that have potential scrub vegetation 2 Those individual lots designated by this map submit for possible micro-site areas, in conjunction with developing a site plan The T C R P C letter to the City (see attached letter dated April 25, 1989, paragraph #3, pg 1) states that Quantum Associates has agreed to a review procedure for all future micro-site lots 3 The total acreages accepted for micro-sites be subtracted from the overall 66 scrub sites until an aggregate of 12 acres of micro-sites are established 4 An updated map showing the remaining scrub acreage be used by the City, T C R P C and Quantum Associates to accurately depict those micro-site areas accepted -- ---' 5 The final acceptance of each micro-site area is predicted on no intrusion into the designated area by construction activity, and isolating the areas from the site where feasible If you feel this approach to the micro-site submittals is acceptable, please respond with your comments This review would also help to facilitate processing each site plan with the Planning and Building Departments Sincerely, l7e~ ~ ~~~ Kevin J Hallahan Forester/Horticulturist CC ~imothY Cannon, Interim Planning Director Mike Haag, Site Development Administrator KJH/ad DOC A MTL - L l(C()JUre COO/t regional plooniQ9 council ~~ / st. lude martin .. ~ ", ~f. ~- i- ~~ ~: ~~ ~ ~ . ........ ~. )'.'1': ~ ~.< \ k. k r' ~ tr ~; .f. ~y. r-;. ~'f ~ f ~ ;' ";'k !l:..~ ;t .01, .1t t" ~:;~ j;~ .u-';:, _~f~ ~" ~~- f/\',{ ("OJ) 221-"()~ll .r- f" .- .r' '1 \1 U:lvL!J \ \ \, . \ i I I;,., ('I' n\, .q"'fl .. j r. i: :",_ \ \ ;' \ ~,\ ,~)/ "~~v May 4, 1990 Mr Kevin Hallahan Parks Department city of Boynton Beach Post Office Box 310 Boynton Beach, FL 33425-0310 Subject Quantum Park Development of Regional Impact, Scrub Preserve Dear Mr Hallahan Enclosed please find a copy of my April 25, 1989, letter to Carmen Annunziato regarding the identification of the final 12 acres of scrub required to meet the 40 acres required preserved under Development Order Condition 6 The letter outlines the conditions under which staff found the proposal acceptable Also enclosed is the "Exhibit to Ecological Report, 20 December, 1988" so that you may make a copy for your file There are no notes on this exhibit indicating which areas staff considered "very poor representatives" of scrub; however, I would be happy to look at any or all of them at any time (schedule permitting) I did look at the three-quarter-acre strip just east of the publix distribution center's eastern fence line on April 19, 1990, as you requested At least half of that strip falls in the "very poor" category I saw some mature sand pines as well as a few smaller planted ones, which looked dead The understory has been removed and the ground cover is dominated by the exotic natal grass When we spoke by phone April 30, I indicated that the three- quarter acre could still be counted toward the remaining 12 acres of preserve called for in the Development Order, but only because it was immediately adjacent to Preserve Number Two In examining the Exhibit, however, I see that the piece is separated from the preserve by a railroad line and lot #72 Therefore, this is not a suitable preserve area Only 12 additional acres of scrub need to be preserved to meet the Development Order Condition of 40 acres Sixty-six acres of potential preserve are identified on the Exhibit, most of which are in decent condition Therefore, there is no justification for accepting scrub not including intact 3228 s.w martin downs blvd. suite 205 . p.o. bOJ( 1529 palm city florlda 34990 phone (407f 2~ 2?\ 4/V41 Ii 'em1 269 ,1IT6f) Mr. Kevin Hallahan Parks Department May 4, 1990 Page Two canopy, understory, and ground cover, unless it will serve as a buffer to one of the existing preserve areas. staff concurs that the only habitat preservation for the Quantum Development of Regional Impact site required by the Development Order is the 40 acres This is consistent with Council's 25 percent policy If you have any questions, please call Yours truly, sall~ ~ Regional Planner sa pm Attachments 1989 ~ ". "'''II' VI ~ co~t regional planniQg council st. lucie Mr Carmen S Annunziato Planning Director city of Boynton Beach 120 E Boynton Beach Blvd POBox 310 Boynton Beach, FL 33425-0310 ; ~ Subject Quantum Park Development of Regional Impact Ecological Plan * Dear Mr Annunziato: Following staff review of the December 20, 1988 Amendment Three to the ecological plan and site inspection on March 31, 1989, a conditional approval pursuant to Condition 6 of the Development Order and Condition 2 of the amended Development Order can be granted The proposal for identifying the final 12 acres of scrub needed to satisfy Condition 6 appears to be the most practical approach to follow at this time However, there are two things needed to make this approach entirely acceptable One is that Amendment Three includes an "Exhibit to Ecological Report, 20 December, 1988" (Exhibit), that shows the existing sand pine scrub areas after completion of infrastructure clearing Those areas that are very poor representatives of scrub (ego areas east of the old High Ridge Road on lots 69, 70 & 72) need to be removed I think that staff would be in substantial agreement with your judgement of what is acceptable scrub, but would be happy to look at any area you question either now or following any of the Developer's quarterly submittals revising the Exhibit The other is that the developer of an individual lot which either borders an existing preserve or contains a proposed one should suitably fence and post such before construction begins to provide some protection of the scrub from damage by construction crews ,. In agree ing to accept Amendment Three's approach to ident i fy ing the additional acres needed, it is our understanding that express permission of the City and the Developer will be required prior to clearing any scrub from any lot and such permission shall only be given if 12 acres (minus any already dedicated and accepted) is still available for preservation It is further assumed that the determination of sufficient availibility will depend upon a comparison of existing scrub and pertinent deed restrictions on the undeveloped lots Should the Developer wish any areas other than those shown as existing scrub areas on the Exhibit, preserve #2, or the 13 7 acres of scrub in preserve #1, considered for preserve status; he will peti tion the Treasure Coast Regional Planning Council to approve such areas as Sand pine microsite areas If such approval ,.. 3221 s.w. martin downs blvd. .,. .,.' suit. 205 . p.o. box 1529 palm city, f10rlda 3ot990 phon. (.07) 216-3313 Carmen S Annunziato -\pril 25, 1989 Page Two were granted the areas could then be included as "existing scrub" and would count toward the required 40 acres. The Resource Management plan for Sand pine scrub preserves #1 and #2 dated December 13, 1988 by Ecological Consultants, has been adequately amended to address the concerns that had arisen based on review of the draft Staff is willing to accept the lack of a management program for the final 12 acres purely because implementation of such a plan would be complicated, and difficult enough so as to be considered impractical Please bear in mind that the 40 acre preserve requirement is based on addressing regional concerns about allowing development to occur in a rare and rapidly disappearing habitat, not the preservation of anyone species As pointed out in the original assessment report, this habitat is utilized by many species of concern Clearly the rational for relocating animal species of concern where members of the population have access to one another is not present for plant species of concern Thus, condition 6 (b) of the development order granted by Boynton Beach Ordinance 84-51 only addresses animal species of concern Clarification of the intent of this condition was, we thought, addressed in Condition 2 of the amended development order (Ordinance 86-11) where it specifically requires identification of the 40 acres of sand pine scrub canopy, understory and ground cover vegetation, and a statement as to how these acres will be maintained We will Property adequate adequate attorney consider the identification of the Quantum corporate Park Owners' Association and the Quantum Corporate Park Covenants to address Condition 2(b) of Ordinance 86-11 if this seems to the City of Boynton Beach We have not asked Council's to examine these covenants The issues involved compromising this type diligence in pursuing conditions intended to in accommodating development without totally of habitat are complicated We appreciate your the implementation of the development order address regional concerns Sincerely, k&_~ sal~ -Bla{[ Regional Planner cc George Zimmerman Don Richardson James Stansbury Joan Diemer Grace Iverson SEB pm QUAI:rUM CORPORATE PARI\. ., I , ) Rc'plv To Fori Laud"rdak Oil j,,' 4 ; ~-~~ ~r~~~ -~ 'JL~ ~ June 6, 1990 Ms Carolyn 61 Kindell Florida Department of Environmental Twin Towers Building 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Rec Re Quantum Corporate Park, Permit N~ Monitoring Report for the Non-Juris01CT.1UIIClI nc" .....__ Dear Carolyn Enclosed please find the Third Monitoring Report for the Non- Jurisdictional Wetlands at Quantum Park If you have any questions concerning the report, please contact either myself or Dr Donald Richardson at your earliest opportunity Very tr,~~y Y~ij s~ ! 4tr1< )jc/ I MICHAEL TOLL Development Manager MJT aem (MKindell) Enclosure CC Mr Tim Cannon Mr George W Zimmerman Mr Michael Busha Mr Daniel Cary Dr Donald Richardson David S Pressly, Esq ~- "" Wo' RECEIVED JUN 7 1990 PLANNING DEPT A Deutsch Irelalld Propertil's- /lJl'h'ill Simoll Joim Venture The Illl Tower . ~ I ~I Floor. I III <;outheast "IXI h "treet . Fort Laudndale Florida 1.I.lll]- 141 ') Broward I I()')l 76.1-HHHH. FA \. I Ill')) ""6.1-!'NLJ6. Palm Beach 14071 7J4-.I55S. Dade I Ill')Il}4S-XIIO. XOO-4~1 ')114 The Building · 112:> Northeast 12S Street · North MIamI Flonda 1.1161 (.I0S) HlJl-6Xll() . FAX IJOS) Xl)')-X~41 st. lucie - ~. ~~., ~. '" co~t regional planniQg council 1989 Mr Carmen S Annunziato Planning Director City of Boynton Beach 120 E. Boynton Beach Blvd. POBox 310 Boynton Beach, FL 33425-0310 Subject. Quantum Park Development of Regional Impact Ecological Plan .~:,. t Dear Mr. Annunziato ... :..t2 Following staff review of the December 20, 1988 Amendment Three to the ecological plan and site inspection on March 31, 1989, a conditional approval pursuant to Condition 6 of the Development Order and Condition 2 of the amended Development Order can be granted ;~ The proposal for identifying the final 12 acres of scrub needed to satisfy Condition 6 appears to be the most practical approach to follow at this time However, there are two things needed to make this approach entirely acceptable. One is that Amendment Three includes an "Exhibit to Ecological Report, 20 December, 1988" (Exhibit), that shows the existing sand pine scrub areas after completion of infrastructure clearing. Those areas that are very poor representatives of scrub (eg. areas east of the old High Ridge Road on lots 69, 70 & 72) need to be removed I think that staff would be in substantial agreement with your judgement of what is acceptable scrub, but would be happy to look at any area you question either now or following any of the Developer's quarterly submittals revising the Exhibit. The other is that the developer of an individual lot which either borders an existing preserve or contains a proposed one should sui tably fence and post such before construction begins to provide some protection of the scrub from damage by construction crews ~. , ,~. In agreeing to accept Amendment Three's approach to identifying the additional acres needed, it is our understanding that express permission of the City and the Developer will be required prior to clearing any scrub from any lot and such permission shall only be given if 12 acres (minus any already dedicated and accepted) is still available for preservation It is further assumed that the determination of sufficient availibility will depend upon a comparison of existing scrub and pertinent deed restrictions on the undeveloped lots Should th~ Developer wish any areas other than those shown as existing scrub areas on the Exhibit, preserve #2, or the 13 7 acres of scrub in preserve #1, considered for preserve status, he will petition the Treasure Coast Regional Planning Council to approve such areas as Sand pine microsite areas. If such approval ...' ~; .... :..-l . .~. . :..... 322ls.w. martin downs blvd. suit. 205 . p.o. box 1529 palm city, 'Iorlda 3ot990 phon. (.07) 2!6"3313 Mr Carmen S Annunziato April 25, 1989 Page Two were granted the areas could then be included as "existing scrub" and would count toward the required 40 acres The Resource Management plan for Sand pine scrub preserves #1 and #2 dated December 13, 1988 by Ecological Consultants, has been adequately amended to address the concerns that had arisen based on review of the draft Staff is willing to accept the lack of a management program for the final 12 acres purely because implementation of such a plan would be complicated, and difficult enough so as to be considered impractical Please bear in mind that the 40 acre preserve requirement is based on addressing regional concerns about allowing development to occur in a rare and rapidly disappearing habitat, not the preservation of anyone species As pointed out in the original assessment report, this habitat is utilized by many species of concern Clearly the rational for relocating animal species of concern where members of the population have access to one another is not present for plant species of concern Thus, condition 6(b) of the development order granted by Boynton Beach Ordinance 84-51 only addresses animal species of concern. Clarification of the intent of this condition was, we thought, addressed in Condition 2 of the amended development order (Ordinance 86-11) where it specifically requires identification of the 40 acres of sand pine scrub canopy, understory and ground cover vegetation, and a statement as to how these acres will be maintained. We will Property adequate adequate attorney consider the identification of the Quantum Corporate Park Owners' Association and the Quantum Corporate Park Covenants to address Condition 2(b) of Ordinance 86-11 if this seems to the City of Boynton Beach. We have not asked Council's to examine these covenants The issues involved compromising this type diligence in pursuing conditions intended to in accommodating development without totally of habitat are complicated We appreciate your the implementation of the development order address regional concerns Sincerely, sallf:it iYad0 Regional Planner cc. George Zimmerman Don Richards6n James Stansbury Joan Diemer Grace Iverson SEB pm 'f.. i;~- st. lucie martin ..~ .L -;-C:-'c> ,. t(eevure .~~ co~t . regional planniQg council -.. .r ,. :..:.~~!t ~ f([CEIVEO li/W 0 8 1990 .... "- , \ \ I \ I 1 i / "' May 4, 1990 Mr Kevin Hallahan Parks Department City of Boynton Beach Post Office Box 310 Boynton Beach, FL 33425-0310 Subject. Quantum Park Development of Regional Impact, Scrub Preserve Dear Mr Hallahan: Enclosed please find a copy of my April 25, 1989, letter to Carmen Annunziato regarding the identification of the final 12 acres of scrub required to meet the 40 acres required preserved under Development Order Condition 6 The letter outlines the conditions under which staff found the proposal acceptable Also enclosed is the "Exhibit to Ecological Report, 20 December, 1988" so that you may make a copy for your file There are no notes on this exhibit indicating which areas staff considered "very poor representatives" of scrub; however, I would be happy to look at any or all of them at any time (schedule permitting) I did look at the three-quarter-acre strip just east of the publix distribution center's eastern fence line on April 19, 1990, as you requested At least half of that strip falls in the "very poor" category I saw some mature sand pines as well as a few smaller planted ones, which looked dead The understory has been removed and the ground cover is dominated by the exotic natal grass When we spoke by phone April 30, I indicated that the three- quarter acre could still be counted toward the remaining 12 acres of preserve called for in the Development Order, but only because it was immediately adjacent to Preserve Number Two In examining the Exhibit, however, I see that the piece is separated from the preserve by a railroad line and lot #72. Therefore, this is not a suitable preserve area Only 12 additional acres of scrub need to be preserved to meet the Development Order Condition of 40 acres Sixty-six acres of potential preserve are identified on the Exhibit, most of which are in decent condition Therefore, there is no justification for accepting scrub not including intact ~ fA..X (407) 221.4067 3228 I.W martin downl blvd. lulte 205 . p.o. box 1529 palm city t10rlda 34990 phone 1407fffi!llila 221...4060 lJNCOM 269~4U60 - Mr. Kevin Hallahan Parks Department May 4, 1990 Page Two canopy, understory, and ground cover, unless it will serve as a buffer to one of the existing preserve areas. staff concurs that the only habitat preservation for the Quantum Development of Regional Impact site required by the Development Order is the 40 acres This is consistent with Council's 25 percent policy If you have any questions, please call. Yours truly, sall~ GMc Regional Planner SB:pm Attachments Mr Enrico Rossi October 7 1986 Page Z of Z I would also like to Hazardous Materials fuel storage tanks significantly altered take this opportunity to note that the draft Tenant Response Plan for the Park prohibits underground The generator set design May therefore have to be Please contact this office iMMediately if you cannot accept the conditions of this approval cc Peter Cheney City Manager CarMen Annunziato. City Planner Q), . 120 E. Boynton . ,P. O. Box 310 · d'. Boynton Beach, Beach Blvd ~ f ~- ~---- .-I,- '~')'''I.,.J r;: flI~~J118~"'!MW<lI!!i!I!!= I' ill!;;J{;1 r-- ~--.n:-.._ .J~ WI ,I -;'."~~jlt"U : ~~", ~/~ ~ CITY of BOYNTON BEACH Florida 33425-0310 (305) 734-8111 October 7, 1986 '!"~ -'1 ~;:-~ -Y Mr Enrico Rossi. P E Rossi & Malavasi Engineers, Inc 1675 PalM Beach lakes Blvd West PalM Beach. Fl 33401 ~- L._I Re QuantuM Park, Water and Sewer plans Dear Mr Rossi AccoMpanying this letter are eight (8) sets of plans and applications for the Master water and sewer systeM for the above referenced parcel These plans and applications are approved conditionally, and this office reserves the option to require changes throughout the platting and site plan approval process Several Matters still need to be resolved regarding right-of-way size easeMents, bicycle paths lighting, etc , which could iMpact the proposed water and sewer designs Any changes or conflicts which do arise will have to be resolved to our satisfaction There still exist SOMe Minor corrections to be Made regarding a) the locating or OMission of valves, b) notes requiring the type of bedding on deep gravity Mains, and c) conflict avoidance between water Mains. force Mains and storM drainage in SOMe locations However' in the interest of saving tiMe, and because the developer's agent has assured us that all Minor errors will be properly addressed, we have issued this conditional approval Major iteMS which will require review and approval of shop drawings prior to construction are 1 ) All three lift stations including pUMpS controls the dry pit configuration for lift station #3 will be needed on the dry pit pUMping station clearances and equipMent sizing and especially Scaled drawings showing actual