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
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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,
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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
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ATTORNEYS
A T
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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
,
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June 13, 2006
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JUN I 4 l006 J ~~
CITY MANAGER'S OFFICE
'01 Co,,~..l
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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
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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
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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
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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
.
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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
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LIST OF FIGURES
Fioure
DescriPtion
1
2
3
4
5
Vicinity Map
District Limit Map
Drainage Map
Water Distribution Map
Sanitary Sewer System
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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
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"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
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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 "
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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
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VICINITY
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FIGURE 1
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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
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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
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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
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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
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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
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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
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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\.
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Rc'plv To Fori Laud"rdak Oil j,,'
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~
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
~-
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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
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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
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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
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CITY of
BOYNTON BEACH
Florida 33425-0310
(305) 734-8111
October 7, 1986
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Mr Enrico Rossi. P E
Rossi & Malavasi Engineers, Inc
1675 PalM Beach lakes Blvd
West PalM Beach. Fl 33401
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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