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REVIEW COMMENTS " ;;,,;; <'*- ~.~. ~: '1:- ~. ~.. ~. treOlure eo~t regional planning eouneD ~J;u - August 5, 1993 Ms. Brenda Winningham Department of Community Affairs 2740 Centerview Drive The Pbyne Building Tallahassee, FL 32399 Subject: Quantum Park Development of Regional Impact - Proposed Tri-Rail Park and Ride Lot Dear Ms. Winningham: This letter is to serve as a written follow-up on my telephoned request for the Department's written concurrence with Council that approval of a park-and-ride lot on Quantum Park Development of Regional Impact (DRI) would not require a public hearing to determine if such an approval constituted a substantial deviation to the Development Order for the DRI. staff transmitted Council's comments regarding this matter along with an assessment of the potential impacts of this approval to Thomas Beck on July 19, 1993. Although development of the Tri-County Commuter Rail facility came about after the original DRI review, the Application for Development Approval did indicate the developer would provide access facilities to accommodate existing and future public transportation (see page 31-20). Should you have any questions, please do not hesitate to call. Yours truly, sall~k'~~~ Review Coordinator SEB:lg cc: C- -J,,/I .J~s'~ Herb Kahlert Chris cutro, City of Boynton Beach 3228 LW. martin downs blvd. suite 205 p.o. box 1529 palm city, florida 34990 phone (407) 221-4060 se 269.4060 lax (407) 221-4067 ...~.._--~--- ~ ~~ ~~ :lI:n ~~ ~:lI: no;) "11'\ o ~ /tWo ZZNA AVCNllE ~----- - -- -------------~ --~ -=~=-==\ \\ ~ ~\ I ~ \ l \ ~ c I~ ----- f--- , opr/()I../ .:L If, J.:,. ("~.,. ~""".o o p-r /oJ../ :I1J \'e l\ g ~c ,\ ~ s.. I i~ ~ ~ r- r I opt/oJ..[ & \ I l \ .l .\\@ ~ II 1 \~N\~ ~ III 1 ~ \ · · ~". ,! ~ ti; ~....:. ~~ n':\>~"'~~""'~ O~'"1b :0"': ~ ~~\ ~~ii~~Lt ;~ :t,,~,,:~il ill II- 1::" ... .. '" .. It , ,,0 :>O"llt~"'''' I ...~'I:~"..,,!. III ;f2E'2"" Of'" ;;;j;; .. . ,.Jo Ii ,,"1 "\ ,. .. '1 .. ~ _ q~iw",," ..'40: a ... -'M ~ ~.~ ~ ... .. ... , .. _.1-' t .. .. (l llS .. <:t.'" ... S _ ~ ~i i ~ ~ t; 1::1.... .. . \ ., .. ... ~,..\'O ~ :::II - ... c.... .. .. t 01 010 1 ~ r- ~~:: " ~ ~ ~ ~:l: ~ ~ ~ ~ ~~~ .... ~:i"''' - ........ : ~ _ rn.Br1 ~~__ TIlA :::=::-:::::::; - --".'~ 1_-, I - - '-EXISTING ~'- __ III.. -'. - \ """" -~ I ! M_ r;-\ I ~' r \ ~ ~I -- ,'.,. .,; ,. ,.,. "" ,/ /' u I '/ ! ' ....4UUL . ~c.l'DrM6. - ,."... ....... ,.,. ~-- , ..-.- _.::::---- <I'A i . ".A ".. .1. ",. , .. ... .,e ..t: ~A.M. ,,. [n __ - --- - - _. ----,. I IMr lA" -- ------- 10 Ac. ~ b~ ~..,.J..y QUANTUM PARK MASTER DRAINAGE PLAN RMS2 ENGINEERS DESIGN GROUP,INC. I1:i. AH€A FOR RELOCArtNG GOPHER TOR7"OISES FOR OC/ANTlIlrI PARK. 112all EXHIBIT "C" S~ 14 '93 09 46AM TR! ~AIL 3057631345 P 1/9 ~,_.,;. ;. LAW OF'FICltS HOLLAND & K~IGHT OFFICES. ONE E;AST ElAOWARD BLVD POBOX 1"'070 (ZIP 33302-40701 F"OF'lT LAUOI;;AOAL.E F"L.OI'IIDA 3330' (306) 525-'000 FAX (~05) 4S3'203~ 0' CO\,l"'EO.L MAS~.V MARGER. DAVIS "IQtlIN!:iON, 8"1I!1"'LtTT. L.YNN P."'. :Jeo et:NTnAL ^v~NuE 10.0. eO.lC ~c....z WP ~:t7::!1n ~T rETIC"HV~~. F'\. 3&' 0 eeta.) ..4-7171 s:"'AX UII::!i) IIZ;:-!!I04& FORT LAUOEFiOAL.E ..JACKSO NV1 LLE L.AKEL.AN 0 MIAMI ORLANOO ST PETERlPElURG "l"AL.L.AMA55EF.: TAMPA WEST PAt.M el!:ACI-I WASHINGTON 0 c: September 2, 1993 :IIICCIAL. CQV""CL L.ITI~AT10tl , IrANt(lllIu~TC" $MAW, LOc:.TlIlA, PARENTE ES~RNIO ~ SCHWAA'Z. P.C. tOI 0 "~A"'~~IN A/C~U: CARDEN C"TV "Y '1630 (,Ie) ?62-oI&IO r:..u 'So I C!:i) '.:.1..70 300 Il:AIOT 4~r4:::;' ~TRcrr NE.,.. -fO"K. 1'11'1 '00 I" 1212J "'~Q-C""O " VIA HAND DELIVERY Mr Jeffrey D. JaCKson Director of Planning Tri-County Commuter Rail Authorit~ 305 South Andrews Avenue ~w Fort Lauderdale, Florida 33301 Fax/l Re Tri-County Commuter Rail Authority ("Tri- Rail") Boynton Beach Site - Unity of Title Dear Jeff You requested that I advise you regarding the unity of title issue on the Quantum Park/Boynton Beach Site Contained in my letter to you dated August 13, 1993, on Exhibit "e", item 3 (a) is a reference to the fact that you should seek guidance from the City of Boynton Beach regarding obtaining a release from the unified control provisions of Subsec~ion 0 of the City's P 1.0. Zoning Ordinance The City's Code provides that all property within the P.I.D. classification must be under ~he control of the applicant, which in this case would be the developers of Quantum Park, in order to assure development in a manner consistent with the P I,D zoning There is a requirement that agreements and sureties acceptable to ~he City in order to evidence the completion of the development, and continuing operation and maintenanoe of areas and facilities which are the responsibility of ~he developer, be executed or submitted by the developer. These agreements must be executed and be binding upon the successors in title In our review of ti tle information, we did not find any unified control documents which had been recorded in ~he public records. We do not know whether any such documents exist in an unrecorded fashion. I recommend that the City be requested to advise whether any such documents exist. If they do, Tri-Rail should obtain a release from the City In any event, Tri-Rail SEP 14 '93 09 47AM TR ~IL 3057631345 P 2/9 ~"'" should obtain a representa~ion from the Ci~y, possibly by the City Engineer, that the Tri-Rail property is not subject to any unity of title applicable to the developer I am in receipt of a copy of a letter to you dated June 8, 1993, from RMS2, transmitting a letter dated May 28, 1993, from the City Engineer of Boynton Beach allowing a split of tract 90 by survey for conveyance to Tri-Rail, but, also, requiring a unity of title on the remaining 2 1 acres of tract 90 ;n combination with tract ~9B. The letter from the City seems to assume that the City possesses the authority to allow the split, however, as I have stated, we are unaware of any recorded or unrecorded documents evidencing unity of title Any such document as suggested in the City's letter of May 28, 1993, would have to be executed and recorded by Quantum Associates, as the owner of those parcels Please let me know if there is any further information I may provide you with regarding the above. Very truly yours, HOLLAND , KNIGHT ~.(;\, DJ-r' Susan F. Deleqal CC James M. Norman, Esq FTL-S1520 LAW Ofo"F'ICES HOL1.A.ND & KNIGHT HOLLAsEP 14 ,'93"" 09 47AM TRT QAiC30576313451 .. ' SEF' '3'93 1 4 : ::5 7 \j or '~3/9' POl LAW on',ccs OMit (.." ....... BiLVD 11,0 80& '.0'0 ,Z... ~J~O.' ..... ~".,.&........ ,....",.~ ,,33CU ';SOlil IJ.5-IQQQ J'u ';105' tlti3,itO.JQ HOLLAND 8: KNIGHT ZOOO 1"*t.r::IIlIU:... Sg""..c .. 0 So. fo~8'7 z.~ ;u~~ I oJ ,c:ase..v,,-,,E.. ~\.C.II;" 31: JO.t '110. ~5~..t~ee p..~ -.0.' .'1$8 1872 ., L.... w.... D."yc ".0 II'. '~D"I! .~.. ~J'OZ' '-..&C"....9.. 1'''011''.. a~.o' "l~' ..1I.1 ... J"u ...:)1688..,.6 1'00 a..e.&,"" Ave.", II Q eOll QI$".I 'Z.. ~'IOtl M..... F\....g.. ~'131 .)O!" :174,8500 F... '305' 3'.....0.. .lCa Sa""" O~.&N.I: '-VE"UI. "0 80. IS'. .t.. ;)&.Oi' 0.'....00 F""....D... a'.OJ '''07' ""-'500 F... '41)7, 4413 :1:1." 315 50...1'.. CA\."OW" 5...ttT ~ 0 0....... 8'C z.. :)~)Q.t T..."6I1ll1ASSCI f:..o..te.. 3'- 30_ 19041 ~'4.'eOO ".. '110" l!i!.....,. 4QQ NOli"''' ....a....,-- ,",0 e.. I'" I~I. 336011 '.....A. r...",.o. ,a,s.OI "'~' ~Jl7..I;OO f'a" '8.:,)1 22.-o'~" ... Slv'...II.... 5...,n N'W 511'" ICO W.I~"'O'"'' 0 t; ~oee6 1&021 011-1111110 r... 1&011 .llll""" ".,7 S4v.... F.......... D.~ltC: ~.O. e~. ;lZOIIIZ.~ :I~40i!1 .,.. .....~ BO:4C" F'l. 1.3"1:>' '''07' 833.1000 F'.... h107' .eo-eJlle o. C.V.'C~ .......... 1oiI.1IIoc:a 0''''4$ ~O"'''5.'' 9........1i..... ~ L.Y1IlI.. P A. oJ&C CC'-"..L "VINuC. .. 0 5a. )'42 '2:.~ ~)7 3" S. 1>~.t."".G F\. 3.,70 c._a) ...-7171 F...ledu .ZI'-.Q.. TO' ~t.~ ~,\ . REPLYTO: FORT LAUDERDALE ~Gt~~~ FROM. ~\ON- ~ \)&Cbl '\ u.u.dti~\ CITY. MESSAOE. -- EXT TIMe ZONi (00/'00/001 ~"- '\ 9113113 tHE INFORMATION CONTAINED IN THII FAC'IMILI MESIAGE .. ATTORNEY PRIVILEGEO AND CONFIOENTIAl INFORMATION INTENDED ONLY FOR THI V.I O~ THE INDIVIDUAL OR ENTITY NAUeD ABOVE. IF THE READER OF THIS lIe..AGe.8 NOT THE 'NTENDED "Eel'I.NT, YOU A"E HEAIIY NOTIFleO THAT AN" OISSEMINATIO~ OISTRI,.,TlON, OR COPY OF THIS CO...UNICATION IS STRIOTI"Y PROHIIITED. 'F VOU HAVa RECEIVED THIS COMIIUNICATlON IN ERROA. PLEASE IMMEDIATELY NOTifY US BY TELEPHONE. THANK YOU ",..oI~~oAM HOLLAsEP 14 ;93- 09 48At'1 ~ )J -"":jIL30S763134S1 SEP 3'93 14 3t. Nop '~l/9 P 02 ~ OCMCMEAL'1'H r..AND TITLB INSURANCE CXJ4PANY .. CXHa1'MDft' FOR TITLE INSURANCE SCH!1X1LE A REVISION NO. 1 Commitment No. PB122896 Effective Date J~~ 29, 1993 at 8 00 A.M. OUst~~r r:le No NTS _ ~2-o6-0319 ;.. PO.:.icy or PoliCies to l;e issued CMNER'S $ 1,603,000.00 Proposetc1 Insured Tr.'i-County Conunuter Rail' Authority, an agency of the State of Florida WAN $ Pt'OpOsed !n~~ed: 2. '1'he _tate or interest 1n the land described or referred to 1n this COnm1 tnElt and covered herein is a fee s.1q)le, and title thereb) is at the effective date hereof vested 1n: Qu.Mt\\m Associates, a Florida general partnership 3. The land referred to in this Commitment is described as follows LmAL DESCRIPl'ION !S ATTACHED HERETO AND MADE A PART HEREOf ca+JONWEAL'l'H LAND'l'1'l'tB :tNStJRANCE ~~ 3111 South D1scle H1gn..ay Prospect Place, Suite 106, West Palm Beach, FL 33406 ~.~' OOWlters1Qned ..J?~ Authorized Of 1cer or Agent VALID ON:.Y If FACE PAGE, SCF"'-I1JLE B AND COVER ARE AttACHED 991 1 HOLl..R~~p ).4 '';l~_ ~g 48AI1 TP qIL 305763i34S) SEF 3'93 14 : :3 9 N OP 5/9 P 03 ~itment No PB122896 REV%SION If.). 1 Customer i:i:'e No NT" 4* 92-06-0319 .. .. LEGAL DBSCJUP1'ION A pareel of land s1t\1ate 1n Sect,ion 16, r~1p 45 South, Range 43 West, Palm Beach County Florida. also being a portion of Tract 90 of 'the Plat of Ql.w\tum Pti\t'k at BoyntCln Beach. P 1.0 Plat No S, as recot'decl on Plat Book 57. pages 196 anr1 197 ot the PubHe Recol'6s of Palm B&ach county, Florida, 'being more part.1r.\.l.1arly described as 1'oHaws: Beginning at the NorthNst (NE) comer of said Plat; thence SOuth 00 degrees 30 Iftinutes 27 seconQs East, along the East line of Mid Plat, said 1.tne al80 beino the West l1ne of the Seaboard All Florida Railway rJ.ght.-of-way, a d.1st;nce of 646.3' teet': thence SOUth 66 degrees 35 minutes 25 seconds West, a distance of 12.26 teet 1:0 the beginning of ,8 m =3l ~ :r~ast havina ~ radius of ~~OQ...fee1: ...~ a ~e....p-l AM1A !'_d ___ ~_ ~ thence NorthweSterly along the arc of said curve a distance of 79.58 f~t to a point of reverse curvature of a curve c:oncave to the Southwest haVing . radius of 52$.00 feet and a central angle of 09 degrees 35 m1nutes 55 seconds: thence SOuthwesterly along the arc of saJd curve a d1stance of ~7 .t~4'tftt: thene:e South &6 degrees 3~ mi!"lutes 25 seconds West. a distance of ~24.46 feet: thence North 41 degrees 35 Jdnutes 25 seoonds East, a distance of 5!t;36 teet: thence North 03 ~ 24 minutes 35 seconds West, a distance of 598.04 teet: thence SOUth 86 degk e:t.s 3S m1nutes 25 MCOnC1s west, a distance of 20.57 feet to a point an the Nest line of said Tract 90; t~ North 21 degrees 57 m1nu~s 58 seconds East along said West line of Tract 90, a distance of 64.06 feet to a point on the North line of said Plat; thence South 88 degrees 2" m.im1tes 22 aeconcss East along said North line, a distance of 566.47 feet to the point of begJnn1ng. IND em r.mAL DBSCRlPrION 2 HOLLAR~P 14 '~~_ fZl.9 49AM TR.l. .L~fnL. )~S;7631345) SEP 13'93 14.40 Nap 6/9 P. 04 COmlJ\1 tment No P8122896 CUstomer File No ~~ # 92-06-0319 RlV%SION l<<). 1 SCIIB:Wt1E B-SIX7l'%ON 1 '!'he follow',ng are the. requ:irements to be coq:al1ed with: 1. PeyJll!nt of the full cons.iderat~on to or for the acCOW'lt of the granto:rs or martgagors 2 Instrument (s) creat ing the estate or .1nt'!rest to be insured. must be apprgved. executlK! and filed tor re=rd a) Warranty Deed trom Quantum Associates. a Florida genez-.l partnership to Tr1-countV Oonmuter Rail Authority. an agency of the State of Florida 3. Payment of all t8X2S, c:buges, as&IISGments, levied ami assessed against subject premises, ~1ch are clue and payable. 4. Present for examination and approval a <<1P'i of the Partnership agreeI'Ie..t"1t of Quant\1:n Associates, a Florida general partnership, together with errf amenc3Jnents or ~ificat1ons thereto: to \1d'l1ch there 1s attaehea an aff 14av1 t of at least a major! ty of the general partners 1c1ent1fying the partners and attest1ng to the authentlc1ty ard CCIIJ\'leteness of same. 5. An affidavit fl"Clnl one of the general partners Of QuantuJn Assoc1at.e9, a Florida general partnership, lr4'Uch iatmt1flee all of the general partners, 1nolucUng h1msf!1f: which recites the nue(sl of the partnez-(s) who have the authority to eKeQ\lte the conveyance Of the 1NNred land: and which states that the conveyanc:e .is made for the p11"POSJe of carrying on in the usual way the businees of the partnership 6. Pe.rt1al Release 01' Product1on of a canoell~.. note and satisfaction 01" release of that certain Mortg;lQe fraa BoyntOn Park of CoImerce, Inc. to The Chase Manhattan Bank, dated October 29. 1985 and recorded November 1, 1985 1n Off1c1al Records Book 4696, page $8, in the original pr1nc1pal anD.1nt of $50.000.000 00; _14 mortgage has been as 1ICd1f1e4 by AssUIIQjItian ~t reco~ in QtfJcial Reoords BOOk 4856, page 1018, and turther IlDUf1ed by M;)rtgage Release, Mod1f1c:aUon C1d Spreader AQreemIrat in OffIcial Records Book 5'88, page 1638 and Offica! Records 900lt 5'88, page 165' end. fuzother mocS1f1ed by First Juture Advance Notice .in Official Regol'ds eook 6062, ~ 900 and further ncdlf iec! by ~rtgage SeYerIG1C8 AgreeIIlent 1n Official Records Book 6503, page 1108 anc1 further naUf1ed by Substin. MJrtgage No 1 in Official Records Sook 6503, piIge 1138 and S\1.bstitu1:. tobrtgage No. 2 in Offic1al Reccrds Book 6503, page U87. all of ~ PUbl1c Records of Palm Beach Count)', r10)."1&. " HOLLA~~p J.4 '';lJ_ 09 50AM TRr-RArL 305'16313451 . I SEP 13'93 14 : 42 N Op 7/9 P 05 Commitment No. PB122896 REYXSIOH NO 1 .. 7. CUstomer File No. N'l'S." 92-oS-o.U9 8 9. 10. , 4 .... 12. 13 14. Partial Release of the .insured lanCl from that certain IICrtgage from QI.1antum Assoc1at6..j to '!'he Chase Manhattan Bank. dated October 29, !9BS a.71d recorded JIU. 29. 1990 1n OffJc1al Records Book 6503, page 1630. of the Publ1c ftec:ordS of Palm Beach CcI\1nty. tlor-.ida, in the or.ig.tnal prJnc1paJ aJII:.JUnt of 92.197,000.00 Part 1&1 He lease of t..... .!.nsure4 lend f:un that certein U'O:'tgage from Quantum As8oc1ates to The Olase Manhattan Bank, dated OCtober 29, 1985 erad recD1"ded J\\M 2g, 1990 In Off1c1al Records Soolc 6503, page 1680, of the PuQUc Records of Palm Beach County, FlorIda. in the orIginal principal aDQmt of $2,791,000.00 TeI'll.1nat:lon or release of that certain lJOC-l Financing Statenent from 5Oynton PaI'Jc of Camierce, Inc. to '!'he Cbase Manhattan Bank. N.A., roecot'ded November"i', 1985 in Official ~ Book 4696, page '89, of the Publ1c Records of Palm BMch County,. Florida. Termination or release o~ that certa1n UOC-l Financ1ng Statenent from Quantum Associates to '1'he Chase Manhattan Bank, N.A., recorded J'une 29. 1990 in Official Records Book 6503, page 1731. ot the Pub11c Records of Palm Seaeh County, Florida ~t1an of Tax Sale Oertif1cate No. 92.13849, for unpa1Q taxes for the yev of 1991. Taxes; end specla1 asseserrents for the year 1992 Tl'lUSt be paid, 1n the gI'OS5 aIIDWlt Of $40,666.52. Submit proof trail the City of Boynton Beach, that art{ outstancUng nun1clpal assessaents eNe, have bNn pa1d. Satisfactory &\l1'V8Y, in confom1 ty 14:1 th the minimUm stanQ,uods tor land surveys made for t1tle insurance p2rpO$l8s, certified to the Carpany, and/or 1 ts agent:, th.nNgh a cu.rnmt date. dieclos1ng the nature and extent of 8fPi encroachm8nts, overlaps, boundal'y line discrepancies. or other matters adversely affeet!ng title to the pt'OPerty to be insured Additional requirements and/or exceptions wil1l:le ~ for any a~1ate ~tters dlscloeed. END OJ' SCHEDULE &-SEC'UON 1 .HD..LL. A SEP i 4 ' 93 - 09 SlAM TRT 9AIC 3057631345) SE.r' t3'93 14 45 NOp ';~J/9 P. 07 .. . . .. OCImtitment No. PB122896 REVISION NO. 1 C\.1s'tOlrer File No. N'1'S # 92-06-0319 11. Restr1cUans. covenants anc:l condoit1ons as contained .in the DevelOpment Order dated AprJ.l 20, 1985 anci recordeC Ma, 2, 1985 in Official ReCOtas 300k 45::'4, page 1728, 'together with the modification, as recorded 1n Official Recards 800k ~~.., page 12'13. all of 'the PutlJ.ic Recortis of Palm Beach County. Flo:-iaa. 12. Restr1ctions. covenants and conditions as contained m the Declaration of Protect1ve Covenants of Quantum Park At Bclynton Beach dated October 14. 198'1 am :rec:orded OCtober IS, 1987 jn OfUc:1al Rec:ozods Book 5450. page 1105. of the Public Aec:orc1s of Palm Beach county, Florida. .l3. Access Easement A.greenIant 1n favor of The State of FI0J'1da Department of Transportation, as .contained 1n 1nstrument dated November 9, 1989 and recorded December 4, 1989 in Off1c1al RscOl'ds Book 6279. pil9" 148&, of the Public ReCOrds of Palm Seach county, Florida 14 Arri liero provided ~ Chapter 159, Florida Statutes, in f~or of arti c1ty, town, village or port Buthor1ty for unpai4 service charges for service by' arrv watt!l", sewer or gas system supplying the Insured land END OF samrxJLE B-SEO'1'J:ON 2 ;: MuLl.AsEP 14 ;93- 09 50AM TP- -"AIC30S763i345) SE' 3 '93 14 43 N~ 8/9 P 06 , . . 0CIIIIn1tment No. PS122896 REVISION f<<). 1 Cwn:omel' F.11e No. l't'TS , 92-06-o31g SCHEDOI..E B-SEC'l'ION 2 SChedule B of the pol1c:v or policies to be 1$Slled will ccntain exceptions to the follaw1ng ZIIl'ltters unless tiul same are disposed of to the satisfa.ction of the company 1. Defects, Hens, encumbrances. adverse c la1l1$ or other snatters. if Brri. created, first .qppear1ng .in the putll1c records or attach1ni subsequent to the effective date hareot b.lt prior to the date the p:-oposed Insured aoqu1res for value of record the eEl ~ate or interest or mortgage thereon covered by this ColTl!l1 tment . 2 Fdghts or clan of.,part.1es in possession not shown by the p.l'bUc records. . J Easements or claims of easements not shown by the public records. ". Enc:roachments, overlaps, ~ l1ne disputes, and any other matters Which would be diSIClosed by an accurate S\UVeY or Snspect10n of the premises. 5. Any ~jenf or dght to a l1en. for serviCC!A. labor. or material heretofore or hereafter fum1shed, 1qx)sec! by law and not shown by the publ1c records . 6. Arri claim that ~ part of said land. 15 cw\eCl by the state of Florida'tri right of sovereignty, and riparian rights, if any 7. Taxes for the year of the effective date of this ConIni tlrent and taxes or assesssnts N'l1eh are not shewn as existing Hens by the pubUc: records or which may be levJ.ed. or as;assed subsequent to the date hereof. said texes bec.Y.'Ime a l1en as of :Jenuary 1 of each year, bu.t are not due and payable until November 1 of that same year. pursuant to section 197 333 F.S. S. Re8tr1ct1ons, covenants. conc11t1ons and easements as c:onta1ned on the Plat of Quantwft Park At Boynton Beach, P I.D Plat No e, recorded 1n Plat Soak 57, page 196. of the Publ1e Records of Palm BMch county, Florida. 9. Easement in favor of Florida ~r and Light CantxmY contained in Easement cSated August 29, 1961 and recorded August 30, 1961 in OffiCial ReCOrds !ook 672, page 38. of the Public Records of Palm Beaoh County, P'lor1~. 10. r"UlIlImt 1n ffND'l' of Florida pOwer and Light Canpany contained in Easement dat~ March 19, 1984 and recorded Augw;t 6. 1984 in Official RecOrds Book 431e. page 1279, of the Public Records of Palm aeach County, Florida. ~ LAW OFFICES HOLLAND & KNIGHT OFFICES ONE EAST BROWARD BLVD POBOX 14070 ( ZIP 33302-4070) FORT LAUDERDALE FLORIDA 33301 OF" caUNS~L MAS TRY NARGER DAVIS JOt'\NSO<<. BAAn.....!:'T"T IS. LYNN. P.A. FORT LAUDERDALE ..JACKSONVILLE LAKELAND MIAMI ORLANDO ST PETERSBURG TALLAHASSEE (3051525-1000 360-CEN'lR"L A'lrENVE 'P:O BOX 3542 CliP 33731111 ST PCTERSBURG. FL 33701 t8131896-7 71 FAX(BI3) 822-8048 FAX (3051 463 2030 August 13, 1993 SPECIAL COUNSEL LITIGATION'" BANKRUPTCY SHAW LICITRA. PARENTE ESERNIO ~ SCHWARTZ. PC. TAMPA 1010 FRANKLIN AVENUE GARDE N CITY NY 11!5 30 15161742-0610 FAJIl: (!So16) 742:-2670 300 EAST "'2ND STREET '<NEW YORt<. NY 10017 (Z12' 338-0970 WEST PALM BEACH WASHINGTON D C Mr Jeffrey D Jackson Director of Planning Tri-County Rail Authority 305 South Andrews Avenue Fort Lauderdale, Florida 33301 ,. ~ ~ I I .~) j~ +t\\< - Va)It;Ji~J II Re Boynton Beach Tri-Rail Station Dear Jeff We have undertaken a review of the following Contract for Sale and Purchase of Property (the "Contract") in Boynton Beach, Florida, between the Tri- County Commuter Rail Authority ("Tri- Rail") and Quantum Associates ("Quantum"), for purchase of certain property (the "Subject Property") for a park and ride facility (the "Proposed Use"), various ordinances of the City of Boynton Beach (the "City"), including the applicable Planned Industrial District ("PID") zoning ordinances, Development Orders approving the Quantum Park Development of Regional Impact ("DRI"), the ordinance creating the Quantum Community Development District, the Declaration of Protective Covenants ("DPR's") of Quantum Park at Boynton Beach, and other documents on file with the City, as well as holding conversations with Christopher Cutro, Planning and Zoning Director, of the City, and other appropriate persons in order to determine the suitability of the Subject Property for the Proposed Use We make the following recommendations We have reviewed the survey provided to us of the Subject Property and prepared by FRS & Associates and the title report issued by Commonwealth Land Title Insurance Company Attached as Exhibit "A" are "Instructions for Survey Revisions and Additions"~ "' which instructions should be forwarded to the surveyor Attached as Exhibit "B" is a list of specific provisions of the DPR's that should be deleted or waived as to Tri-Rail Tri- Rail, as a governmental entity, should not be bound by any provisions imposed by Quantum Associates as the Declarant under the Mr Jeffrey D Jackson August 13, 1993 Page 2 DPR's or the Property Owners Association (the "Association") for and reviews or approvals, including the imposition of architectural design review, or imposition of, fees, liens, charges, or other requirements which are the subject of the DPR's Tri-Rail should only be obligated to comply with such state, regional, or local governmental requirements as currently exist and should assure itself that it can meet these obligations and requirements in development of the Proposed Use Accordingly, Quantum should be advised of the contents of Exhibit "B" and should agree to execute a document waiving or deleting the identified provisions of the DPR's, along with obtaining the consent and joinder of the Association, and The Chase Manhattan Bank, N A , as mortgagee Moreover, we understand that a requirement of the DRP' s provides for no more than 75% lot coverage in the construction of anY improvements This requirements must be waived as to Tri-Rail inasmuch as construction of the Proposed Use will exceed this requirement Further, as we had discussed during our meeting of last week, Ordinance No 091-48, establishing the Quantum Conununity Development District (the "District"), appears to be applicable to I v'" the Subject Property creating the District as the responsible entity for infrastructure construction and maintenance within the jurisdictional areas set forth in the Ordinance We have been advised that the Ordinance is effective, but that the District has not become operational as of yet Tri-Rail, as a governmental entity, does not want to be under the jurisdiction of this District and should request that the City Commission of Boynton Beach adopt an ordinance deleting the Subject Property from the jurisdictional area of the Ordinance ttlv \. '- \, '\ VVlVJf,-i ~ We are in receipt of a letter dated July 20, 1993, from Sally E Black, Review Coordinator for the Treasure Coast Regional Planning Council ("TCRPC"), to Christopher Cutro, Planning and Zoning Director of the City, advising that the TCRPC has determined that it is not necessary for the property owner to file a Notification of a proposed Change ("NOPC") to a previously approved DR! in order to obtain approval of the Proposed Use within the DR! rhis matter has been submitted to t~'le Florida Department of Corrnnunity Affairs ("DCA") by the TCRPC, for its approval, and upon my inquiry to Sally Black on August 9, 1993, no response has as yet been obtained Ms Black did advise that in a conversation with the planner assigned to the project at DCA the planner requested that, in order to secure concurrence of DCA in the decision that no NOPC is required, Ms Black quote a specific reference in the Development Order indicating a conunitment by Quantum for mass transportation The application for development approval ("ADA") apparently contains a conunitment for site planning to provide for Mr Jeffrey D Jackson August 13, 1993 Page 3 the future use of public transportation and it was Ms Black.s thought that this reference would be sufficient for DCA Although this reference obviously contemplates bus transportation, she believes that Tri-Rail's mode of public transportation should be covered We recommend that you require, prior to closing, letters from!!l - both the TCRPC and the DCA that no NOPC or substantial deviation'i'! \ determination will be necessary in order to allow the Proposed Use ik!J'. on the Subject Property and, further, that both entities have I'I,- approved the proposed land use upon the Subject Property and that I, no site plan modifications or approvals are required to be obtained from the TCRPC or DCA regarding the Proposed Use ,r l \ J: /rr ~ ftJ" '- I want to draw your attention to several provisions of the Development Order as contained in Ordinance No 84-51 in order to assure that Tri-Rail will be able to comply with these conditions Section 4(12) requires that the surface water management system be designed to retain the first 1" of runoff or runoff from one hour of a three year storm event, whichever is less, for parking areas and internal roadways Section 13 provides that no unfiltered runoff from parking and roadways shall be discharged directly into wetlands, and Section 39 provides that on-site security during all phases of construction should be provided Regarding the latter requirement, it may be possible to obtain a letter from the City determining whether on-site security is required to be provided during the construction of the parking area I have prepared Exhibit "C" attached hereto, which includes a list of issues and matters regarding which Tri-Rail should obtain a written determination from the City Included therein is a request for an opinion regarding the security issue In my conversation with Chris Cutro, regarding the status of compliance by Quantum with the terms of the Development Order, I was advised that there are two outstanding issues in addition to the normal continuing requirements for filing reports and meeting obligations of the Development Order by Quantum One is a requirement contained in condition no 24 of Ordinance No 84-51, resuiring a $141,000 contribution by the developer to the County's construction of the Congress Avenue and Boynton Beach Boulevard intersection The County is seeking reimbursement for what it considers to be the developer's portion of construction costs and is attempting to obtain the City's cooperation in enforcing this requirement Secondly, under Conditions 26 and 27 there is an outstanding requirement that a $900,000 construction contribution for the interchange at 1-95 be made by the developer There is also a requirement for contribution toward design in the amount of $900,000, as well as the contribution for construction to be made Mr Jeffrey D Jackson August 13, 1993 Page 4 "' by the developer in the same amount, but the design contribution' \ appears to have been met You should attempt to obtain resolution of these two issues by the payment by Quantum of these costs prior to closing, but failing that, you should obtain affirmation by the Florida Department of Transportation ("FDOT") that the $900,000 contribution for design has been met and a representation from the FDOT and the City that neither agency will in any way attempt to enforce these obligations against Tri-Rail for any satisfaction of the questioned construction contributions for either roadway You should seek an affirmative statement from Quantum that it is in compliance with all the terms, conditions, requirements and obligations of the Development Order and that as to any executory conditions or requirements under the Development Order by either Quantum or the Property OWner's Association, whichever is appropriate, they will meet these obligations and indemnify and hold harmless Tri-Rail for any and all obligations that may be sought to be enforced against Tri-Rail, with the exception of those that are specifically required of Tri-Rail because they are applicable to the development of the Subject Property and relating only to landscaping, irrigation, and maintenance Specifically, regarding the Gopher Tortoise sites which are on the Subject Property, you should obtain from Quantum a representation and agreement that it will be responsible for the relocation of any Gopher Tortoise burrow sites until the earlier of the construction of all of the improvements contemplated by Tri- Rail or twenty-four months from the closing on the Subject Property This will be a post-closing obligation of the Seller As to micro-siting, under the Contract, there exists the) obligation of Tri-Rail to set aside 0 6 acre for sand pine scrub ) preservation We reconunend that you first attempt to obtain. Quantum's compliance with the remaining micro-siting requirements under the Development Order as a condition to closing and deletion of the requirement as to Tri-Rail I have been advised by Sally Black of the TCRPC that of the 30 to 35 acre pool for the preservation of sand pine scrub area, that twelve acres remain to be micro-sited within the entire DRI Until the final twelve acres are micro-sited, any request for clearing of pro~erty, including the Subject Property, within the DRI requires that a letter from the City be submitted to the TCRPC that there is no area within the proposed clearing site that must be micro-sited We reconunend that Quantum resolve this issue at this point in tlme, determine the twelve acres to be set aside for sand pine scrub preservation and delete the requirement for further micro-siting as an obligation of Tri-Rail Short of that, prior to closing, we would reconunend that the City issue a letter to Tri-Rail, along with the approval of the TCRPC, approving the delineated area to be micro-sited within the L '" (; , I~ l" ~ Wi,' ~ '" ~,-\ " .\( " Mr Jeffrey D Jackson August 13, 1993 Page 5 Subject Property As referenced above, attached hereto as EXhibit? "C" is a detailed list of representations to be made to Tri-Raii\ and issues to be resolved by the City ) As part of the P I D District requirements a signage program was adopted by the developer, establishing certain signage criteria by the City You may have to obtain an amendment to the sign program in order to place the desired Tri-Rail signs on the Subject Property and you should obtain from Quantum its commitment to assist in this effort We trust that this information is of assistance to you Please call me if you have any questions Very truly yours, HOLLAND & KNIGHT ~\o cf3r 1lJ -{~t^ Susan F Delegal CC Carl Kern, Esq , Assistant County Attorney Gilbert M Robert, Director, Tri-County Commuter Rail Authority FTL-78524 EXHIBIT "A" INSTRUCTIONS FOR SURVEY REVISIONS AND ADDITIONS The following revisions/additions to survey prepared under FRS & Associates Survey, under Job No 93-S-16C, last revision date 6/30/93 are required 1 The certif ication should be changed so that the reference to the Tri-County Commuter Rail Authority deletes the abbreviation "Inc " 2 The survey should also be certified to Commonwealth Land Title Insurance Company 3 Surveyor's note No 3 should be deleted and replaced with a reference to Commonwealth Land Title Insurance Company Commitment No PB 122 896 Revision No 1, effective date, June 29, 1993, a copy of which is attached hereto. 4 The references to that certain plat ("Plat") known as QUANTUM PARK AT BOYNTON BEACH, P. I . D PLAT NO. 8 should show a reference to Plat Book 57, Pages 196 and 197 and Dot page 47 as appears on the survey The erroneous references with respect to the Plat appear in the title block, and surveyors note No 1 within the text of the land description, and in the description of the sewer easement in the southwest corner of the property at its intersection with Tract "c" 5 All easements which appear on the Plat should be shown on the survey and should be designated as per plat, Plat Book 57, Page 197 6 The legal description should be rechecked, and the survey sketch should show sufficient curve data for the two curves in the southeast corner of the property The present legal description, with the information appearing on the survey sketch, appears not to close See Traverse Computations attached 7 A new legal description should be created for the access road connecting the existing Tri-Rail station and railroad right- of-way to High Ridge Road (Tract "c" of the Plat) This legal description should be as specified by Tri-Rail, and should be sufficient to permit construction of a road which can be accepted for dedication by ~ll applicable governmental authorities The access road must be contiguous and adjacent at its western boundary to High Ridge Road, and must be contiguous and adjacent to the parcel to be acquired from Quantum, as it runs east to the eastern boundary of Tract 90 of the Plat 8 The survey must contain a certification that the access road description is contiguous and adjacent as required to the parcels referred to above In addition, the legal description for the access road shall appear on the survey and shall provide an acreage computation Note It is contemplated that the existing access easement depicted on the survey and referred to in Item 13 of Schedule B-Section 2 of the Title Commitment will be terminated and replaced with the new access road description 9 The southern boundary of Tract 90 should be clear ly delineated as such 10 The point of beginning of the property description should additionally be referred to as the northeast corner of Tract 90 11 All matters reflected in the attached title commitment as easements should be delineated on the survey and should contain a reference to their recording, official record book and page 12 The survey should identify any property that is vacant, or make reference to any existing improvements on the property 13 There will be a substitution of utility easements with the existing community development district Legal descriptions for the existing easements, and for the replacement easements should be created in order that the substitution agreement can be prepared The exact legal descriptions should be coordinated with Tri-Rail's engineering consultant FTL-78503 2 I.- \. HOLLAND & KNIGHT T R A V E R S E COM PUT A T ION S Deed description- Boynton/Quantum tr 90A Closure Error. 28.00 feet Closure Bearing. N 3 25 13 W Perimeter: 2495.09 feet precision" 1 in 89 Approximate Area: 8.32 acres 362524 sq feet "'( HOLLAND & KNIGHT Deed description Boynton/Quantum tr. 90A From To Distance Point Point Bearing (feet) 1 2 S 00 30 27 E 646 34 2 3 S 86 35 25 W 72.26 arc left 3 4 tan S 86 35 25 W arc: 79.58 radius: 475.00 arc right 4 5 tan. Previous arc: 87.95 radius. 525.00 5 6 S 86 35 25 W 324.46 6 7 N 41 35 25 E 35 36 7 8 N 03 24 35 W 598.04 8 9 S 86 35 25 W 20.57 9 10 N 21 57 58 E 64.06 10 11 S 88 24 22 E 566.47 C(lwM)NWEALTH LAND TITLE INSURANCE CCX>1PANY CCM-IT'lMENT FOR TITLE INSURANCE SCEEIXr'...L A REVISION NO 1 Co~itme~t No PB122896 Effective [a~e J~~e 29 1993 a~ a 00 A M ~~o;yv::.- -;;'_:e No tITS # 92-06-0319 POl_cy or Policies to be issued a-mER I S $ 1 603,000 00 Proposed Insured T-i-~cur.Ly CO~lter qail Authority, an agency of the State of Florida LGp..!~ $ ?!'oposed :::ns-..:red 2 The estate or _~terest in the land described or referred to in this Cornmi tment ar.d covered herein is a fee simple and title thereto is at the effective date hereof vested in Quanrum Associates a Florida general partnership 3 The ~and referred to in this Commitment is described as follows LEGAL DESCRIPTION ~S ATTACHED HERETO A};'"D MADE A PART HEREOF Ca-MJNWEALTH LAND TITLE INSURANCE ccx-1PANY 3111 South Dixie Highway Prospect Place, SUite 106, West Palm Beach FL 33405 Countersigned ,;?;:;y~~~ Authorized Officer or Agent VALID GN:.Y T'f;' FACE PAGE, SCHEDULE B MID COVER ARE AT:'AC'rlEI' 991 1 COliIT.,i'tme.-"t NQ ?B122896 REVISION NO 1 CUs'tomer ~~_e No NT~ # 92-06-03~9 LEGAL DESCRIPl'ION A parcel of land siuEte n Section lb, Tcwr~hip 45 South Range 43 West Palm Beach Coun'ty Florida, also being a portion of Tract 90 of the Plat of Quantum Park at Boynton Beach P I D Plat No 3, as recorded on Plat Book 57, pages 196 and 197 of the Public Records of Palm Beach County, Florida, being nore particularly described as foll~ Beginning at the Northeast (NE) corner of said Plat, thence South 00 degrees 30 minutes 27 seconds East, along the East line of said Plat, said line also being the West line of the Seaboard All Florida Railway right-of-way a dis'tance of 646 34 feet thence South 86 degrees 35 minutes 25 seconds West, a distance of 72 26 feet 'to the beginning of a ~ concave to the Northeast having a radius of 475 00 fee't .-Dnrl a c~"';-ra.l analp ("\1' 09 ~g@C 3~ minutes 55 seconds, thence Nortliwe~ly along the arc of said eu-rve a distance of 79 58 feet to a point of reverse curvature of a curve concave to the Southwest having a radius of 525 00 feet and a central angle of 09 degrees 3~ minutes 55 seconds thence Southwesterly along t-he arc of said C'UI"re a distance of ~ thence South 86 degrees 35 minU1:es 25 seconds West, a distance of 324 46 feet thence North 41 degrees 35 minutes 25 seconds East, a distance of 35--36 feet thence North 03 degrees 24 minutes 35 seconds West, a distance of 598 04 feet thence South 86 degrees 35 minutes 25 seconds Wes't a distance of 20 57 feet to a point on the West line of said Tract 90 thence North 21 degrees 57 minutes 58 seconds East along said West i ine of Tract 90, a distance of 64 06 feet to a point on the North line of said Plat thence South 88 degrees 24 minutes 22 seconds East along said North line, a distance of 566 47 feet to the point of beginning END OF LEGAL DESCRIPTION 2 Commitment No PB122896 REVISION NO 1 Customer F~le No ~iS # 92-06-0319 SCHEDULE B-SECTION 1 ""'Ie followjng are the reql1.irements to be complied with ], Payrrent of the full consideration to or for the account of the grantors or mortgagors 2 Inst~~nt(s} creating the estate ~r ~r.~e~est to be _nsured must be approved executed and filed for record a} Warranty ~ from Quantum Associates, a Florida general partnership to Tri-County Cotmmlter Rail Authority, an agency of 'the State of Florida 3 Payrrem: or all ta'reS, charges, assessnents, levied and assessed against subject premises, which are due and payable 4 Present for examination and approval a copy of the Partnership agreement of Quarltu,!!! Associates, a Florida general partnership, together with any amendments or rrodifications thereto to which there is attached an affidavit of at least a majority of the general partners identifying the partners and attesting to the authenticity and completeness of sane 5 A..T1 affidavit from one of the general partners of Qua.'1tum Associates, a Florida general partnership, which identifies all of the general partners, including himself which recites the name(s) of the partner(s) who nave the authority to execute the conveyance of the insured land and which states that the conveyance is made for the purpose of carrying on in the usual way the business of the partnership 6 Partial Release or Production of a cancelled note and satisfaction or release of that certain Mortgage from Boynton Park of Commerce, Inc to Tne Chase Manhattan Bank, dated October 29, 1985 and recorded. November 1, 1985 in Official Records Book 4696, page 58, in the original principal amount of $50,000,000 00, said mortgage has been as modified by Assnmption Agreerrent record~ in Official Records Book 4856, page 1018, a'1d further modified by M:Jrtgage Release M:xiificatJ.on and Spreader Agreement in Official Records Book 5488, page 1638 and Official Records Book 5488, page 1654 and further rrodified by First Future Advance Notice in Off icial Records Book 6062, page 900 and further rrodif ied by f'.brtgage Severance Agreement in Official Records Book 6503, page 1108 and further m::xlified by Substitue Mortgage No 1 in Official Records Book 6503, page 1138 and Substitute M:Jrtgage No 2 in Official Records Book 6503, page 1187, all of the Public Records of Palm Beach County, Florida 3 Commitment No PB~22896 REVISION NO 1 customer Fi_e No ~7S # 92-06-03l9 7 Partial Release of the insured 2ai1d from that certain rrortgage from Quantum Associates to The Chase Ma..1hattan Ban1. dated Octobe= 29 1985 a~d recorded J1Lie 29 1990 in Official Records Book 6503 page 1630 of the Public Records of Palm Beach County, Florida in the original principal amount of $2,797,000 00 8 Part ial Re lease of the insured land from that certain mortgage from Quantum Associates to The Chase Manhattan Bank, dated October 29, 1985 and recorded June 29, 1990 in Official Records Book 6503, page 1680, of the Public Records of Palm Beach County, Florida, in the original principal amount of $2,797,000 00 9 Termination or release of that certain UOC-l Financing Statement from Boynton Park of Co~rce, Inc to The Chase Manhattan Bank, N A recorded November 1, 1985 in Official Records Book 4696, page 89, of the Public Records of Palm Beach County, Florida 10 Termination or release of that certain UCC-1 Financing Statement from Quannun Associates to The Chase Manhattan Bank, N A recorded June 29, 1990 in Official Records Book 6503, page 1731, of the Public Records of Palm Beach County Florida , 1 Redemption of Tax Sale Certificate No 92-13849, for unpaid ta~es for the year of 1991 12 Taxes and special assessments for the year 1992 must be paid, in the gross amount of $40,566 52 13 SUbmit proof from the City of Boynton Beach, that any outstanding municipal assessments due, have been paid 14 Sat isfactory survey, in conformity with the JIUIUmum standards for land surveys made for title insurance purposes certified to the Company, and/or its agent, through a current date, disclosing the nature and extent of any encroachments, over laps, boundary line discrepancies, or other matters adversely affecting title to the property to be insured Addi tional requirements and/or exceptions will be made for any appropriate matters disclosed END OF SCHEIXJLE B-SECTION 1 4 Comm~tme~t No PB122896 REVISION NO 1 Customer File No N7S # 92-06-031~ SCHEDULE B-SECTION 2 Schedule B of the policy or po_icies to be issued will conta~n exceptio~$ to the fol~owing matters un~ess tne same are disposed 0: to the satisfaction of the company Defects, liens, encumbrances, adverse ClaIms or other matters, if any created, first appearing in the public records or anaching subsequent to the effective date hereof but prior to the date the p:ooposed Insured acquires for value of record the es _ate or interest or IOClrtgage thereon covered by this Commitment L ~ights or claims of parties in possession not shown by the public records ~ Easements or claims of easements not shown by the public records 4 Encroachments overlaps boundary line disputes and any other matters which would be disclosed by an accurate surveyor inspection of the premises 5 Any _len, or right to a lien, for services, labor or material heretofore or 'lerearte:r- furnished, imp::lsed by law and not shown by the public records 6 Any claim that a..iy part of said land is owned by the State of Florida by right of sovereignty, and riparian rights, if any 7 'I'a'Xes for the year of the effective date of this Commitment and taxes or assessments which are not shown as existing liens by the public records or which may be levied or assessed subsequent to the date hereof Said taxes become a I ien as of January 1 of each year, but are not due and payable until November 1 of that same year pursuant to section 197 333 F S 8 Restrictions, covenants, conditions and easements as contained on the Plat of Quantum Park At Boynton Beach, P I D Plat No 8, recorded in Plat Book 57, page 196 of the Public Records of Palm Beach County Florida 9 Easement in favor of Florida ~r and Light Company contained in Easement dated August 29, 1961 and recorded August 30, 1961 in Official Records Book 672, page 38, of the Public Records of Palm Beach County, Florida 1.0 Easement in favor of Florida Power and Light Company contained in Easement dated March 19, 1984 and recorded August 6, 1984 in Official Records Book 4315, page 1279, of t~e Public Records of Palm Beach County F lor ida 5 CGrnr..~tment No PB122e9E REVISION NO 1 0~torrer F_~e No NTS # 92-06-0319 11 Restrictions, covenants and conditions as contained in the Development Qrder dated Ap~i~ 26 19a5 a~d recorded May 2 1985 in Official Records 300k 4534 page ~728 togerher with the modification, as recorded in Official Records Book 5584 page 1273 all of the Public Records of Palm Beach Co~.ty F~o-~da :2 RestrictiOns covenants and conditions as contained in the Declaration of Protective Covenants 0:: Quantum Park At Boynton Beach dated October 14 1987 and recorded October 15, 1987 in Official Records Book 5450, page 1105, of the Public Records of Palm Beach County, Florida ~3 Access Easement Agreement in favor of The State of Florida Department of Transportation as contained in instrument dated November 9 1989 and recorded December 4, 1989 in Official Records Book 6279, page 1485, of the Public Records of Palm Beach County, Florida 14 Any Ue!' provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land END OF SCHEDULE B-SECTION 2 6 EXHIBIT "B" LXST OP DBLETXONS OR WAXVBRS PROM RBOUXREMENTS OP DBCT.~R~TXON OP PROTECTXVE COVENANTS ("DPR' S") OP OUAN'l'UM PARK AT BOYNTON BEACH. RECORDED XN O.R. BOOK 5450. AT PAGE 1105 1 Article IV, ARCHITECTURAL REVIEW COMMITTEE. All provisions of Article IV, inclusi ve of Sections 4.1 through 4.7, relating to architectural review and approval of any improvements to property (the "Subject Property") sUbject to the DPR's and conveyed to the Tri-County Commuter Rail Authority ("Tri-Rail") must be deleted, waived and otherwise made inapplicable to the Subject Property. 2. Article V, CONSTRUCTION OF IMPROVEMENTS. All provisions of Article V inclusive of sections 5.1 through 5 6 must be deleted, waived, and otherwise made inapplicable to the Subject Property 3 Article VI, GENERAL COVENANTS. All requirements contained in sections 6 1 through and including 6.12 must be deleted, waived and otherwise made inapplicable to the Subject Property. Tri-Rail will agree to comply with such portions of the applicable development order for DRI approval, including Ordinance Nos. 84-51, 86-11, 86- 37, and 88-3 (the "Development Order") and the requirements of the City's Planned Industrial Development (liP I.D ") District Regulations, including Ordinance Nos. 84-49 and 84-50 and the requirements of Section 7 , Appendix A - Zoning, Boynton Beach Code, as they affect the Subject Property only insofar as said requirements relate directly to the development of the Park and Ride facility (the "Proposed Use") on the Subject Property and to other requirements of law but will not be subject to requirements imposed for land use and/or for environmental requirements pursuant to the DPC's. 4 Article VIII, HELIPAD/HELIPORT. All requirements of this Article must be deleted, waived and otherwise made inapplicable to the Subject Property 5. Article IX, MAINTENANCE, ALTERATIONS, AND IMPROVEMENTS. All provisions of Article IX through and including sections 9.1 and 9 8, must be deleted, waived and otherwise made inapplicable to the subject Property I ! 6 Article X, ASSESSMENTS The prov~s~ons of Article X, through and including sections 10.1 and 10.9 must be deleted, waived and otherwise made inapplicable to the Subject Property 7 Article XII, OBLIGATIONS OF OWNER. This Article must be deleted, wai ved and otherwise made inapplicable to the Subj ect Property 8. Article XIV, REMEDIES. Sections 14.1 through and including 14 4 may be made applicable to the Subject Property only to the extent of the applicability of the DPR's to the Subject Property. 9 Article XVI, INSURANCE. section 16. 5 entitled Individual Liability Insurance, must be deleted, waived and otherwise made inapplicable to the Subject Property. 10. Article XVII, ECOLOGICAL PLAN AND SAND PINE PRESERVE AREAS. The requirements of Sections 17.1 through and including 17.3, must be deleted, waived and otherwise made inapplicable to the Subject Property. Tri-Rail will agree to be governed by such portions of the Development Order as are applicable to the development of the site for the Proposed Use but without the additional imposition of such ecological and environmental requirements through the DPR's 11. Article XIX, INTERNAL SECURITY FORCE. This provision must be deleted and waived to the extent of any contribution for expenses in connection with the operations of the Association for this purpose. In general there must be a blanket wai ver of the application of Common Expenses to the Subject Property 12. Article XXIII, HAZARDOUS WASTE/HAZARDOUS MATERIALS CONTAMINATION RESPONSE PLANS. This Article must be deleted, waived and otherwise made inapplicable to the Subject Property Tri-Rail shall agree to be governed by those sections of the Development Order applicable to its development of the Subject Property for the Proposed Use but shall not be governed by the additional imposition of these requirements pursuant to the DPR's. 13 . Article XXXIV, LESSEES This provision must be deleted, waived and otherwise made inapplicable to the Subject Property 14 Article XXXV, AMENDMENTS TO GOVERNMENTAL LAND USE REGULATIONS. This provision must be deleted, waived and otherwise made inapplicable to the Subject property. Further, to the extent that any amendments are determined to be necessary to the Articles of Incorporation or By-Laws of Quantum Park Property Owners Association, Inc., to effectuate the purposes and revisions set forth above, such changes shall be made in order to provide for consistency among the documents FTL-78497 treQ/ure co~t regional planniQg council it t ,t; ........ .. J ' - ~ u....... f~~ July 20, 1993 Mr. Christopher Cutro, AICP Planning and zoning Director city of Boynton Beach 211 S Federal Highway Boynton Beach, FL 33425-0310 Subject: Quantum Corporate Park Development of Regional Impact - Tri-Rail Park and Ride Lot Dear Mr Cutro In response to a request from Mr James Willard who was acting as a representative for the developers of Quantum Corporate Park Development of Regional Impact (DRI), the attached agenda item was prepared for Council's consideration. Mr Willard was seeking Council's concurrence that it would not be necessary to file a Notification of a Proposed Change (NOPC) to a previously approved DRI prior to obtaining City approval for the Tri- County Commuter Rail (Tri-Rail) Authority to construct a park-and-ride facility within the DRI. At its July 16, 1993 meeting, Council approved transmission of comments agreeing there was no need for a NOPC, finding the presence of Tri-Rail of positive regional benefit, and recommending that the developer be encouraged to work with the Tri-Rail Authority to more effectively integrate the rail station with the DRI Council's comments are also being transmitted to Mr. Willard, the Department of Community Affairs, and the Tri-Rail Authority. We have discussed by telephone some other changes which have occurred or are proposed for the DRI which should be subjected to the NOPC process These include: 1) the addition of two or three lots immediately south of NW 22nd Avenue to the legal description for the DRI, 2) the addition of a public park, and 3) the possible addition of a magnet high school You have also indicated a desire to explore some avenue for allowing the City to approve minor site plan changes without having to hold a public hearing to determine if the change is a Substantial Deviation This last item is one staff is willing to explore with the City and the developers of Quantum Park to see what mechanism might be devised which will protect the Region's bonafide interests RECEIVED 3228 s.w. martin downs blvd. suite 205 p.o. box 1529 palm city f10rida 34990 phone (407) 221-4060 sc 269-4060 fax (407) 221-4067 JUL 21 PLANNING DEPT. Mr. Christopher Cutro, AICP City of Boynton Beach July 20, 1993 Page two and cut down on the paper work I suggest that we try to invol ve the Department of Communi ty Affairs in our discussions, possibly by telephone conference. If you have any questions, please call. Sincerely, SallyA:!:dck~ A~ Review Coordinator SEB Ig Attachment cc: Jeff Krauskopf, TCRPC Chairman Brenda Winningham, DCA James Willard, Shutts & Bowen Edward Deutsch, Quantum Associates TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGOOA ITEM SA From: Staff Date: July 16, 1993 Council Meetinq Tri-Rall Park-and-Ride Lot at Quantum Corporate Park Development of Reqional Impact Subject: Introduction Council has received a letter (Attachment 1) requestinq Council's concurrence on the City of Boynton Beach's ability to approve development of a park-and-ride lot on Quantum Corporate Park Development of Reqional Impact (DRI) without the project underqoinq additional DRI review. There is an existinq Tri-County Commuter Rail (Tri-Rail) station in the right-of-way next to Quantum corporate Park. Paved parking is so limited that cars park alonqside adjacent roads in the DRI. Tri-Rail wishes to expand its parking area by using one of the parcels in the DRI for a park-and-ride lot. (See attached location map for relevant features.) There is no recognized DRI land use in the Florida Statutes which includes park-and-ride lots. The traffic generation characteristics of a Tri-Rail station, however, are different from those of the approved industrial land use, thus there is some question about the need for a "Notification of Proposed Chanqe" or possible Substantial Deviation review prior to construction of the park-and-ride lot. Analvsis The traffic impact of the park-and-ride lot has been assessed by Palm Beach County (Attachment 2). The intersection of Northwest 22nd Avenue (a regional road) and High Ridge Road (a local road) in its current configuration can handle more traffic than was originally projected at this intersection during DRI review. Therefore, the park-and-ride lot is not expected to adversely affect this intersection or hamper traffic flow on NW 22nd Avenue , t Conclusion Tri-Rail has a positive benefit to both the Treasure Coast and South Florida regions since it provides a mass transportation alternative to I-95 for north-south travel in Palm Beach, Broward, and Dade Counties. The presence of the Tri-Rail station next to the DRI can be expected to lessen the impact the DRI has on I-95 and Congress Avenue. The Ci ty of Boynton Beach and developers of Quantum Corporate Park should be encouraged to work with the Tri-Rail authori ties to better integrate the Tri -Rail station wi th development of the DRI. This could make use of Tri-Rail more attractive and enhance the development of the DRI Recommendation It i& recommended that Council authorize the transmittal of the above comments to the local government and the Department of Community Affairs, and find that approval of a park-and-ride lot within the DRI should not require additional regional review. Attachments 2 SHUTTS Be BOWEN ATTORNEYS ANO COUNSELLORS AT LAW (... P...RTNERSHIP INCLUDING PROF'ESSION...L ...SSOCI...TIONS) 20 NORTH ORANGE AVENUE SUITE 1000 ORLANOO. F"LORIOA 32801 TELEPHONE (407) 423 3200 TELECOPIER (407) 42!5 83115 F'RANK e, SHUTTS (1870 1847) CRATE 0, BOWEN (1871 ISI!58) June 9, 1993 AlTAC~ 1 "'RNOLD L, BER.....N JOSEPH 0, BOLTON .OW.....N .ROWN. P. ..., "'NDREW .., BRU"BY JUDITH ..., BURKE JOHN S, CHOWNING. P. .... JON...THAN COHEN KEVIN D. COW"'N KAREN H, CURTIS. P. ..., LUIS .... DC AIIMAS. P. A, J"MES F' DUIIHAM.][ CHARLES ROBINSON F'...WSEn P..... ESTEBAN-A, F'EIIIIER ROBERT ..., F'REYER ROGER F'IIIEDBAUEII WiLLi..... J, GALLWEY. m STEPHEN B, GILL.....N. P. ..., "'NDREW L, GORDON "'CH...EL L, GORE ROBERT E, GUNN. P. ..., JOHN K, H...RRIS. JR, ED"UND T HENRY. m WiLLI..... N, JACOBS THO"AS H, JUSTICE. m .....RVIN ..., KIRSNER. P. ..., JOHN T KOLINSKI RICH...RD .., LESLIE. P. ..., ..AXINE .., LONG DON ..., LYNN. P. ..., LEE D, .....CKSON ...NTONIO .....RTINEZ. JR,. P. ..., ...LAN I, ..,SH"'EL JOSEPH,. "CSORLEY Via Facsimile 407/221-4067 Original Sent by Federal Express C, RICH...RD "ORG"'N TI"OTHY J, "URPHY PHILLIP G, NEWCO..... P. ..., LOUIS NOSTRO STEPHEN L, PERRONE. P ..., GEOF'F'IIEY IIANDALL SALLY", RICH...RDSON .....RGARET ..., ROLANDO R"'UL J, SALAS IICl5EIlAIIJt: II. SAllDEII$OII- SC:HAlIL II! A IIOIIEIIT .... SAVILL. P. ..., "'LF'RED G, S"'TH WILLIAM F' SMITH. P. ..., ROBERT C, SO....ERVILLE. P. ..., STEVEN SON BERG KI.....IIIE R, STR"'TOS. P. ..., LOUIS V, VENDITTELLI, P. ..., ROBERT E, VENNEY .., THERESE VENTO BRENTON N, VER PLOEG, P. .... B...RIlAR... E, VICEVICH. P. .... ROBERT ..., W"'INGER, .., D. J, DON"LD W..SIL JOHN B, WHITE. P. ... J.....ES G, WILLARD SCOTT G, WILLIA..S LA_ENCE D, WINSON LETITI.. E, WOOD. P. .., KENNETH W, WRIGHT G"RY .., IlAGLIEBTER KATRIN.. 0, BAKER STEVEN D. BERES SHEILA .., CES"R"'NO GREGORY L, DENES KATHLEEN L, DEUTSCH JE"N CH"'RLES DIBBS LINDA W. DILLMAN DON"'LD P. F'ITZGER"'LD. m ROBE lIT BLAIR GOLD.....N JODI .._ GRESS DON L, HORN .....IIT IIUTH HOUSTON YOLANDA CASH J"'CKSON ROBERT P MAJOR JOHN E, ..EAGHER J.....ES .., O'CONNELL LIS... 0, 0 NEILL H"'ROLD EDW...RD P....TRICO,.,. LIZ'" II1S0 EVEII...RDO'" II0DRIGUEZ ROBERT WEXLER JORD"'N BITTEL. P. .... ,J, SCOTT BROWN JOHN R, OAY P..... JORGE L, G...RRIDO ROD JDNES ....RSH...LL J, LANGER, P. .... ROBERT D, "ILLER PRESTON L, PREV...TT OF' COUNSEL m W ,":2 !'7-\ f' \? r. r-::= iJ L (~ ~.!. \ .,: II . 'il ..... r' ~ \.' \'~.. ~ ~ j. n t ......... \.,. ti: II. (,. - ...J_.~tU \; ......-J I ~. J UN 1 0 1993 ' WRITEII S DIIIECT LINE Ms Sally Black, Review Coordinator Treasure Coast Regional Planning Council 3228 S W Martin Downs Boulevard, Suite 205 Palm City, Florida 34990 'TRj:ACo' '''~r i'-.;>'- --....'010111.1 ~Ur .., '_W;~~; tri:.'.3 'lftL PlANNiNG C'jfJNCll Re Quantum Corporate Park DRI - Parcel Sale to Tri-County Commuter Rail Authority Dear Ms Black As we discussed on the telephone, this office represents Quantum Associates, owner of the Quantum Corporate Park DRI project (the "Project") in Boynton Beach On May 14, 1993, my client entered into a sales contract with Tri-County Commuter Rail Authority ("TCRA") with respect to a 9 2 acre parcel of land proposed to be used by TCRA for a "Park 'n Ride" facility A sketch showing the location of the subject parcel, identified as Tract 90A, is attached as Exhibit "A" It is my client's desire to effectuate the sale and use of the proposed 9 2 acre parcel by TCRA without an amendment to the DRI Development Order It is my opinion that the proposed use of this parcel is consistent with the overall objectives of the DRI, consistent with the City Planned Industrial Development (PID) zoning classification and does not constitute either a substantial deviation or a nonsubstantial deviation to the Development Order I Cutro, have discussed this Planning Director of matter Boynton at length with Mr Beach Mr. Cutro Chris concurs F'LORIOA OF'F'ICES KEY LARGO MIAMI ORLANOO WEST PALM BEACH EUROPEAN OF'F"ICES: AMSTEROAM THE NETHERLANOS LONOON ENGLANO NEUCHATEL. SWITZERLANO 3 Ms Sally Black June 9, 1993 Page 2 wi th my determination and is in the process of sending me a letter stating that the City does not consider the proposed use of Tract 90A by TCRA to require a DRI amendment We would like to obtain the concurrence of the Treasure Coast Regional Planning Council in this determination I would appreciate your reviewing this matter with your Council at your next regular meeting, on June 18. Should the Council be in agreement with this assessment, please send me a letter indicating that you concur that the proposed use may be implemented without processing a Notification of Proposed Chpnge to a Previously A!?~roved DRI Given the endorsement of this particular land use by all concerned parties, both public and private, my client would very much like to avoid the expense and delay of processing a DR! amendment Thank you for your assistance questions. Please call if you have any Very truly yours, Dictated but not signed to expedite delivery In his absence. James G Willard JGW.cbc 3757w Att cc (via FAX): Rise Friedman, Esq Andrew Juster Chris Cutro SHUTTS 8. BOWEN 20 NORTH ORANGE AVENUE, SUITE 1000 ORLANDO F"LORIDA 32801 TEL, (407) 423 3200 4 Board of County Commissioners Mary McCarty, Chair Ken L. Foster, Vice Chairman Karen T Marcus Carol A. Roberts Warren H. Newell Burt Aaronson Maude Ford Lee ATTACH~ENT 2 Count) Administrator Robert Weisman Deparbnent of Engineering and Public Works July 8, 1993 Sally B1 ack Treasure Coast Regional Planning Council 3228 S W Martin Downs Blvd, Suite 205 Palm City, Florida 33490 SUBJECT: QUANTUM PARK DRI --- ADDITION OF 9.2 ACRE PARCEL TO BOYNTON BEACH TRI-RAIL STATION Dear Ms Black As you requested, I have revi ewed the traffi c impact of the addi t i on of 1 and from the Quantum Park DRI to the Boynton Beach Tri-Rai1 Station for the purpose of expanding its parking lot According to Jeff Jackson of the Tri-Rai1 office, the subject parcel would be used to build a parking lot of up to 700 spaces If it is assumed that half of the 700 spaces turn over at least once during the day and that the other half are occupied by one car per day, then 2100 trips per day would be generated by the new parking lot The 2100 trips per day represent only 6 7% of the external 31000 trips per day generated by the Quantum Park DRI, or well below the 15% threshold which triggers a substantial deviation review of the DRI In fact, since this parcel was designated for industrial land use in the DRI master plan, the parking lot use would result in only a 1700 trip per day increase in the number of external trips It should also be noted that the original DRI utilized traffic generation rates that reflected" the typical experience with low auto occupancy and little or no transit use" (page 31-10 of Bovnton Beach Park of Commerce ADA/DRI, 1984) Given the location of the Tri-Rail station immediately adjacent t.o t.his industrial park, it is likely that a significant number of employees will take advantage of this alternate mode of transportation Moreover, use of Tri-Rail by persons travelling to and from other area destinations (i e Motorola, Boynton Beach Mall) will remove a substantial number of vehicles from roadways that were assumed to be impacted by Quantum Park traffic In summary, it is likely that the expansion of the Tri-Rail Station parking lot will result in no increase in traffic on area roadways and will, in fact, provide a net benefit Consequently, none of the traffic-related criteria (listed in Section 380 06 (19) of the Florida Statutes) that would require the preparation of a Substantial Deviation to the DRI appear to be met An Equal Opportunity - Affirmative Action Employer" @ pr""1I<1 on recyc/fKl_r Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000 c tXHIBll A. - ~~~ ~.. .I' ,. It '" .I ./ Jl.W!L- ,...... ~,. ..-- __ ____...... #IlIA ___. ..,'I ~ #We __ ....._., I1!ftII' , , ' .. ... . I I( ~ =~~ :kH~ QUANTUM PARK RMS2 ENGINEERS DESIGN GROUP,INC "La" MASTER ORAINAGE pLAN 5 /b AReA roR RE.LOCATlNG GOPHER rDRT'OISES FOR OUANTlJItI PARI(. ------------ Sally Black Treasure Coast Regional Planning Council July 8, 1993 Page Two Please do not hesitate to contact me if you have any further questions regarding this matter Sincerely, OFFICE OF THE COUNTY ENGINEER /L Allan A Ennis, P E , AICP Development Review Engineer Traffic Division file SID - Quantum Park DRI General - Tri-Rail h:\_\qUMtum 7 . NW 22nd Ave. ~ < ~ eo c 8 Tri-Rail station Boynton Beach B\vd. DRI LOCATI0N MAP .~ .... _.: ~ .. .. .............. .. ...... .. ",,,," .. .. .. ...:.. .....'" .. .: .. ..... ..... ..... .. 8 \. ':> ). \ \ \ PLANNING AND ZONING DEPARTMENT MEHORANDUM NO 94-229 Agenda Memorandum for JUly 19, 1994 city commission Meeting FROM Carrie Parker City Manager Tambri J HeYden-;P- Planning and Zoning Director TO DATE July 13, 1994 SUBJEC'r Quantum Park - USAP #94-001 Use Approval (Park and Ride Facility) Please place the above-referenced item on the City Commission agenda for July 19, 1994 under Development Plans, Non-Consent Agenda DESCRIPTION This is a request for use approval to amend the list of permitted uses at the Quantum Park PID, located on the west side of 1-95, between Miner Road and the Boynton (C-16) Canal to allow a park and ride facility on lot 90, designated as "Research and Development Industrial" on the Quantum Park master plan RECOMMENDATION The Planning and Development Board unanimously recommended approval of this request after making a finding that the use proposed is in conformance with the City's zoning code performance standards and consistent with the intent and purpose of the planned industrial development district tjh Attachment xc Central File A QPkUSAP ....... 7. B. 1 QUANTUM PARK USE APPROVAL PLANNING AND ZONING DEPARTMENT MEMORANDUM NO 94-216 TO Chairman Planning and Members and Development Board HeYden~ and Zoning Director FROM Tambri J Planning DATE July 7, 1994 SUBJECT Quantum Park - USAP #94-001 Use Approval (Park and Ride Facility) NATURE OF REOUEST James Willard, agent for Quantum Associates, property owner of the Quantum Park planned industrial development (PID), located on the west side of I-95, between Miner Road and the Boynton (C-16) Canal, is requesting use approval for a park and ride facility Specifically, the applicant is seeking to amend the list of permitted uses at the Quantum Park PID to allow a park and ride facility on lot 90, designated as "Research and Development Industrial" on the Quantum Park master plan (see Exhibit "A" - current list of permitted uses for the Quantum Park PID and Exhibit "B" - Quantum Park location map/master plan) BACKGROUND The City's comprehensive plan allows transportation facilities in the Industrial land use category Two zoning districts fall under the Industrial land use category, the M-l, Light Industrial, zoning district and the PID, Planned Industrial Development distrist Currently, park and ride facilities and commuter rail stations are not a permitted use in the M-1 district, however they are not expressly prohibited Pursuant to Appendix A - Zoning, Section 7 E , in the PID, a building and its customary ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale or retail), educational institution, adult entertainment in accordance with Section 11 M ,Appendix A - Zoning of the Code of Ordinances, or industrial use provided that such use or uses is/are approved by the Planning and Development Board To approve uses in a PID, the Planning and Development Board must make findings that the use proposed will not be in conflict with the performance standards listed in section 4 N of the zoning regulations, and that the use proposed is consistent with the intent and purpose of the planned industrial development district ANALYSIS The purpose of the City's performance standards is to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or rights-of-way, or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or other particulate matter, toxic or noxious matter, odors, glare, heat or humidity, radiation, electromagnetic interference, fire or explosion hazard, liquid waste discharge, or solid waste accumulation The proposed park and ride facility will include a parking lot (over 800 parking spaces) on a portion of lot 90 (approximately 9 2 acres) to serve the existing, Tri-Rail commuter rail station which the Tri-County Commuter Rail Authority plans to expand, adjacent (east) to Quantum Park Since the park and ride facility is an expansion of the rail station use adjacent to the PID, it is not anticipated that the proposed use will introduce any of the nuisances or hazards described above, none of which currently exist in the area as a result of the existing rail station and parking lot I TO Planning and Develoment Board -2- July 8, 1994 With respect to the intent and purpose of the planned industrial development district, the purpose of this district is to "provide a zoning classification for light industrial development that will better satisfy current demands for light industrial zoned lands by encouraging development which will reflect changes in the technology of land development and relate the development of land to the specific site and to conserve natural amenities" In addition, it is intended "to accomplish a more desirable environment for industrial development in relation to existing and/or future city development, permit economies in providing public services allow for economies of scale in industrial development, and to promote the public health, safety, convenience, welfare and good government of the city of Boynton Beach" The original, Quantum Park DRI application for development approval had indicated that the developer would provide access facilities to accommodate existing and future public transportation Therefore, a parking facility to serve the Tri-County Commuter Rail facility is consistent with the original plan of development For this reason, the Department of Community Affairs and the Treasure Coast Regional Planning Council have determined that the park and ride lot does not constitute a substantial deviation to the DRI development and would not require further DRI review Tri-Rail provides a mass transportation alternative to I-95 north-south travel in Palm Beach, Broward and Dade Counties presence of the expanded facility can be expected to lessen impact the Quantum Park DRI has on I-95 and Congress Avenue This integration of the Tri-Rail station into the Quantum Park PID could make use of Tri-Rail more attractive and enhance the development of the PID for The the with regard to the appropriateness of the selection of the "Research and Development Industrial" master plan land use designation for a park and ride facility, there is no recognized DRI land use in Florida statutes which includes park and ride lots Few undeveloped lots with this designation remain in the PID and the majority of them are grouped in the northeast corner of the PID However, the proposed site selection is limited by, and dependant upon, the existing rail station location and parcels available adjacent to the station for expansion Further, approval of this request is consistent with Policy 2 8 3 and Policy 2 11 1 of the City's comprehensive Plan, noted below Policy 2 8 3 The City shall continue to support the Tri- County Commuter rail project and the local rail stop adjacent to N W 22nd Avenue and I-95 Policy 2 11 1 Support the transit shelter and terminal development programs of CoTran, the proposed High Speed Rail Project and of the Tri-County Commuter Rail Authority RECOMMENDATION The Planning and Zoning Department recommends that the list of permitted uses for the Quantum Park PID be amended to include park and ride facilities on lots designated as "Research and Development Industrial" on the Quantum Park master plan This recommendation is based on the analysis above which finds the proposed use to be in conformance with the City's zoning code performance standards and consistent with the intent and purpose of the planned industrial development district and the City's comprehensive plan tjh Attachments xc Central FIle A USAPPkRd rJ2- EXHIBIT "A" 3 PLANNING AND ZONING DEPARTMENT MEMORANDUM TO Don Jaeger, Building Official FROM: Tambri J Heyden, Senior Planner DATE: October 16, 1992 RE Quantum Park of Commerce PID - Permitted Uses (Update of Previous Memoranda dated January 12, 1989, and June 22, 1990 and correction of error on memorandum dated August 5, 1992) The following uses have been approved to date by the Planning and Development Board at the Quantum Park of Commerce Planned Industrial Development: A CLUB Professional and Business Offices Nursery Schools and Day Care Centers 1 B. COMMERCIAL Professional and Business Offices Nursery Schools and Day Care Centers1 C OFFICE Professional and Business Offices Nursery Schools and Day Care Centers1 D INDUSTRIAL Solvent Distribution Facility2 Warehouse, Distribution, Wholesale Electronics Manufacturing Research and Development Laboratories FP&L Substation (utility facilities) E. RESEARCH AND DEVELOPMENT INDUSTRIAL Motor Vehicle Emissions Testing Facilities F. OTHER Fraternal Order of Police Clubhouse Tri-County Railroad Station 1 Requires Conditional Use Approval (See Section 11.2 of Appendix A, Zoning) 2 Requires Environmental Review (See Section 11 3 of Appendix A, Zoning) In addition to the uses listed above which specifically require an environmental review permit, any use which uses, handles, stores, or displays hazardous materials, or which generates hazardous wastes, as defined by 40 Code of Federal Regulations, Part 261, shall also require an environmental review permit in accordance with Section 11 3 of Appendix A, Zoning ~~ TJH/jm cc: J Scott Miller, City Manager Christopher Cutro, Planning & Zoning Director Occupational Licensing Mike Haag, Zoning & Site Development Director Dorothy Moore, Zoning & Site Plan Reviewer Steven Deutsch, Quantum Associates Central File Subject File #022 Chronological File A QUANTUM.JM 4 EXHIBIT "B" s- QUANTUM PARK LOCATION MAP (MASTER PLAN) .. f~ =:ul" ~'t;IIt. ci ~;III " ,0 - - ._- .> .-..- .. ._~._'.' .... .....-. .-.........- - MAStER MN NwlENDMENT NO. 4 (Al"V\SEDI MARCH 28. 1994 ~- n ..... JUU s.... - I IUUtI IHI" ..... r.~ ,... ..... 'f.' ..... i r-,". ..,.... ..... II ...... ..... I J ........ 'it' ..... ..... ........ ..... (j ....... ..... .!. '......,.... ~~ '-' CU> ~ ca. """'""* -- -.--- -.. ~..._~ eo:>on_ """'J :.., ~:~: w.na 6.0 ac --- Iloaao S,'ac;) au... :IU... 12t_.ac 1,'_ l:1UGO Jot.lac :!AGO 36.' ac IClO.:/ GO Quantum Associates ......" ....., _lit .. '-CI\ ..1... "'C' f......, ..,. II..... ~...'.M._ ca.r......._ ClO... .17.1 a: ~ .~. ... QU^NTUM ~ RESEARCH & DEVELOPMENT INDUSTRIAL SITES (c; Policy 2 6 3 Objective 2.7 Policy 2 7 1 Policy 2 7 2 Objective 2 8 Policy 2 8 1 Policy 2 8 2 Policy 2 8 3 construction of transportation improvements in lieu of impact fee contributions Subsequent to Plan adoption, the City shall continue to require reservation and/or conveyance of right-of-way consistent with the city's Traffic Circulation Plan or the County Thoroughfares Plan as a part of the review of development plans In order to maximize highway system performance, the city shall support alternative Transportation Systems Management (TSM) strategies wherever feasible in lieu of, or in conjunction with, more expensive capital improvements Measure-Number of local TSM improvements The City shall promote local, or county and state (FDOT, PB County) funding for traffic operations improvements with particular emphasis on developed roadways such as US 1, or projected overcapacity arterial or collector roadways such as Congress Avenue and arterial or collector segments adjacent to I-95 If necessary, the city shall consider capacity improvements to US 1 and Boynton Beach Boulevard through restriping of the existing pavement, this effort shall be predicated on a finding of minimal negative impacts regarding the loss of on-street parking-either through lack of demand or by replacement with off-street parking in other areas The City shall strive to reduce overall energy consumption due to transportation Measures-Decrease in average vehicle delay on City roadways, Increase in auto occupancy or car pool users Subsequent to Plan adoption, the city shall continue to coordinate with FDOT and Palm Beach County regarding optimal signal timing and progression Subsequent to Plan adoption, the City shall support local promotion and coordination in implementing Countywide ridesharing efforts The City shall continue to support the Tri-County Commuter rail project and the local rail stop adjacent to NW 22 Avenue and I-95 39 intersection improvements for inclusion into the MPO Five Year Transportation Improvement Program Policy 2 10 2 SUbsequent to Plan adoption, continue to participate in the Palm Beach county Technical Coordinating Committee Policy 2 10 3 Maintain active and positive relationships with the Florida Department of Transportation, Palm Beach County, adjacent municipalities, and other relevant public and private entities in order to support and engage in cooperative funding of transportation improvements Obiective 2.11 Subsequent to Plan adoption. assist CoTran in providina efficient mass transit services based on existinq and future trip qenerators and attractors and also provide local mass transit road and terminal areas which are safe for transit users. SUbport the transit shelter and terminal development proqrams of CoTran. the proposed Hiqh Speed Rail Proiect and of the Tri- Count v Commuter Rail Authoritv. Policy 2.11.1 Po1icv 2.11.2 Policy 2.11.3 Policy 2.11.4 Subsequent to Plan adoption. modify land development requlations to encouraqe the provision of transit related shelters in maior land development proiects. The Planninq Department will establish procedures subsequent to plan adoption that notifv the CoTran of new developments in the City that are maior trip qenerators and attractors. The city will assist CoTran in route selection and pub1icitv bv reviewinq and commentinq on proposed route revisions and providinq space at City offices for CoTran schedule information. 41 SHUTTS BOWEN & ATTORNEYS AND COUNSELLORS AT LAW (A PARTNERSH IP INCLUDING PROF'ESSIONAL ASSOCIATIONS) 20 NORTH ORANGE AVENUE SUITE 1000 ORLANDO F'LORIDA 32801 TELEPHONE (407) 423 3200 TELECOPIER (407) 425 8316 F'RANK B SHUTTS (1870-1947) CRATE D BOWEN 11871 1959) July 5, 1994 via FEDERAL EXPRESS GARY M. BAGLlEBTER KATRINA D. BAKER ARNOLD L. BERMAN JOSEPH 0, BOLTON CHRISTOPHER W BOYETT BOWMAN BROWN P,A. ANDREW M. BRUMBY JUDITH A. BURKE THOMAS P CALLAN SHEILA M. CESARANO JOHN S. CHOWNING. P.A. STEVEN L. CHUONOW JONATHAN COHEN KEVI N D. COWAN KAREN H. CURTIS. P.A. LUIS A. DE ARMAS. P.A. GREGORY L. DENES KATHLEEN L. DEUTSCH JEAN-CHARLES 01 Bes LINDA W DILLMAN JAMES F DURHAM. n CHARLES ROBINSON F'AWSETT P,A, ESTEBAN A. FERRER ROBERT G. FRACASSO, .JR. ROBERT A. FREYER ROGER F'RIEOBAUER WILLIAM J. GALLWEY ill STEPHEN B. GILLMAN P.A. ROBERT BLAIR GOLDMAN ANDREW L. GORDON MICHAEL l. GORE JODI M. GRESS ROBERT E, GUNN, P,A. JOHN K, HARRIS, JR, Mr Mike Haag Planning and Zoning Department City of Boynton Beach 100 E Boynton Beach Blvd Boynton Beach, Florida 33425 Re Quantum Park Dear Mike EDMUND T HENRY ill DON L. HORN MARY RUTH HOUSTON YOLAN DA CASH JACKSON WI LLIAM N JACOBS THOMAS H, JUSTICE, m MARVIN A KIRSNER. P A. JOHN T KOLINSKI JEFFREY M. LANDAU RICHARD M. LESLIE. P.A. MAXINE M. LONG DON A. LYNN. P.A. LEE D. MACKSON ANTONIO MARTINEZ. JR.. P.A. WIL.lIAM G. McCUL.LOUGH JOSEPH F McSORL.EY JOHN E, MEAGHER ARTHUR J. MENOR RO BERT D M I L.L.ER ALAN I M ISHAEL C. RICHARD MORGAN TIMOTHY J, MURPHY PHILLIP G, NEWCOMM P,A. LOUIS NOSTRO JAMES M. O'CONNELL LISA 0 O'NEILL HAROLD E. PATRICOFF JR. STEPHEN l. PERRONE, P.A GEOFFREY RANDALL SALLY M RICHARDSON LIZA RISO MARGARET A. ROLANDO P A. RAUL J, SALAS ROSEMARIE N, SANtERSON-SCHADE. P,A, WRITER'S DIRECT LINE ROBERT A. SAVILL. P.A. ALFRED G. SM ITH WILLIAM F SMITH P.A. ROBERT C. SOMMERVILLE, P.A. STEPHEN S, STALLINGS KAREN L. STETSON KIMARIE R. STRATOS, P.A, XAVIER L. SUAREZ ANDREW P TETZELI ROBERT E. VENNEY M, THERESE VENTO BRENTON N VER PLOEG, P,A. BARBARA E. VICEVICH, P A. ROBERT A. W.AINGER. M.D J. DONALD WASIL DANIEL. J. WEIDMANN ROBERT WEXLER JOH N B. WH ITE. P A. JAMES G. WILLARD SCOTT G. WILLIAMS LAWRENCE D. WINSON LETITIA E. WOOD, P,A, KENNETH W WRIGHT OF' COUNSEL JORDAN BITTEL. P.A. JOHN R. DAY P.A. ROO JONES MARSHALL J. LANGER, P.A. JON MILLS PRESTON l. PREVATT Pursuant in the amount of $150 approval in respect to your request, enclosed please find our firm check 00 which represents the filing fee for use to the Quantum Park/Park and Ride project JGW/smw Enclosure ORLANDO 71469,1 SMW cc Andy Juster steve Fivel FLORIDA OFFICES KEY LARGO MIAMI ORLANDO WEST PALM BEACH EUROPEAN OFFICE AMSTERDAM THE NETHERLANDS r"..... fS @ rn 0 WI ~ rn \ Q L L~ U~ ~IUL - 6 1994 \C PLANNING AND ZONING DEPT. Quantum Associates Merchants Plaza 115 West Washington Street Indianapolis, Indiana 46204 .. July 14, 1994 Via DHL Ms Came Parker City Manager 100 East Boynton Beach Blvd. POBox 310 Boynton Beach, FL 33425 RE Quantum Corporate Park Dear Came Enclosed please find a letter dated July 13, 1994 and some previous correspondence sent by Jim Willard, on behalf of Quantum AssocIates, to Jim Cherof on the above subject matter We appreciate your review of tlus letter and your aSSIstance 10 facilitating completIon oftlus Tn-Rail transactIOn. We feel that the attached informatIon clearly supports our pOSItIon that the penpheral greenbelt reqUIrement has already been met as further outlined 10 Willard's letter Please call me WIth any questIons or comments you may have. Smcerely, QUANTUM ASSOCIATES A " /1 ::" l~t/:l- / Andrew A. Juster ill JUL 15" C:.--- m AAJ.kmg enclosures cc Tambri Heyden, DIrector ofPlanrung & Zoning, City of Boynton Beach (VIa DHL) Jim Willard, Esq., Shutts & Bowen (VIa Fax @ 407-425-8316) Steve Fivel, Esq., Quantum Associates Jeffiey Jackson, DIrector of Planning, Tri-County Rail Authonty (via DHL) ~~Nl ~y ~NUTTS & BOWEN , 7-13-94 , 2 51PM , RECf:IVED JUL 1 4 1994 Lauderdale, Florida ANDREW A, JUSTER MELVIN SIMON & A REAL ESTATE FINANCE IF'~ SSOC., Tri-Trail Commuter Rail Sta~1on at Quantum Park, Boyft~ Seach SHUTTS & BOWEN ATTO"NEYa "No CO",,,aI:LLO". AT LAW IA ~trI'NI".H" 'NCWDIIIG HO,.uaIOIlAL ,...OC....1'IO...1 .0 NO"T" O""NOC "VI:""'K ."'1'1: 1000 O"I.ANDO, "LO"IDA ...01 TI:I,1:-110NC '.071 ..a.aaOD TKL.CCO'IK/IlC.o;. .....a,. """Nit .. aMU'n'. 11.70-'."71 C""TK D. .OWEN 11.71-1..., July 13, 1994 via FEDERAL EXPRESS ....'" N. MaUI_ UTIl'IlA II. MUll A1tNOUl ... Iu.AN JOU~1l D. aoLTOII C''''I.~'lIl1li11. .oorElT ~AIl ...OWN."", ANDII. .. ..1.1..... oI\IDITH A. .U""E TMO_ ~ CA~~. .NClLA N. CEM"'NO .10... ., CIIOWIlIIlG. '.A. nlNCII L. C"UD.OW .JOllA T..... CON IN ICEYlN D. COWA" ...."101 M. 1:1oI1IT18. .,... LUI. A. .. A...... ".. ..CIO,", L, DIIIU ICAT"L[EII L. DClITaCN .IEo\OI.elU.l.U 01'. LINDA W. DI~""" .IA.... ,. DU"IIAOI. II CtlA"~U 110'1"'_ '_m. ".. UT[&lN A. '"!tEll RCII(IIT I, '1l"~O, .I". .01E1IT A. ",~I. .01111 '11110"'"'1.1" V"',~I"" .I, &lLI.WI'I' .. .TUHIN I, OII.Ulouo. .... .01l11tT I\AI' 00\.0.... ANDltrw ~. QOlt_ NIC....tL L OO.C .IDOl .., ..... .DIIIIT t_ aU.II. II.A. ,",OMIl IC, H..I"........ James A Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Boulevard Suite 200 Fort Re Dear Jim: 4074258316~ . _ EDNUND T. NIN.,.,. 0011 L. 1010.11 MAli\' ..lint 1010111"" "0"'"0'" CAlli .I_II WII.LIAIII N._. TMO..... II. .I",.-r'CE, lit ...IWIN... 11'''''1.. "... ..OMII T. ICOUII.I. ,",C"'ltn N. UIoNMU lI,eHA'1I N. LaLlE. ..... "NIIININ. U1ND DOll... Ly..... ..... ~u II. _0" ,"''''CNIO ....1IT'"I1. ..,," "... WI~LI"" ..IIICC:UI.LGUGI! .I0.E... , Itl:aO.LS'I' .I0HII I. ".....:.. All,... U. ... ..111011 1I01111T D. .,.....C. A~.. I. .IeIIAC~ C. IIICW....D 1l0ll..... TI.OTIl., J. "UIt.NY 'W'~LI~ a, II_COIlIl. "A. LeU'. 110111'110 JAMU Of. O'COIlNI:"'" UaA O. 0'1I111.L ....CLl:l I. PAT..'ea..... J.. ITI'HEN ~. PE...OIIC. II,... OCO,,.n 1IA1t~ 1AU,'l' ., "'CIlAIIDlDII L1ZA .,80 "AItO.AIICT A, "O""NOO. "A. IUU~.I. 8AlAI __II II. ....1lD8OII<<:HADL "'.... .....ITEII.. OI"ICT 1oI1l:1 3'7 263 7038,# 1 I -- ! 10111T A. 1oWILl" "... ALntEO .. .NITN "'Ll.IAN " ....IT". .,... 1t011.,. C, 'DM"~IIV'~ ~ ."[PHEIl I. .T..U,.II" !lAUN L. .TIftDN 1I1.....IE It. .......~.. "'... ....Vll.. L, 81lA11D "",IIIICW ~. TI'ftn. 1I01111T E. YE.Nn ". T"[IIEac VIIITO '''EIITON N. VEIl 'LOa "... ......... I. V1CI\/ICII. "... ItOIEIIT A. _.N", ..IL J. .0IlALO WAlI~ ....NIC~ J. WIll...... 1I01111T WElU.IIt .10'''' ,I, _ITC. "... .1.1..[1.. W1u...ltO .COT!' .. liIIl LLIA.. UIoWllINCI D. ""'011 LCTITIA E, WOOD. ..... IIIN..ETI. W. WIII...T 0' t:OUNICL .I0llDAIl .ITTCI., "... .I0HIl II, M., ""... 1100 JOIIE. ....q_u. J. ,-&N.CII. "... .lOll "'loLl ~ltaTQN ... ""EVATT ~r:f-'~IVE:-'\ I ,-........~. - W JUL 7 3 1994 INC. On behalf of Quantum Associates, I am requesting your assistance, as attorney for Boynton Beach, in reviewing the applicability of a greenbelt/landscaping requirement for the proposed Tri-Ra11 Station in Quantum Park. EnClosed 1s a copy of my letter to Tambri Heyden dated Jun. 17, 1994, together with a aite plan showing the proposed commuter rail station prepared by the Tri-County Commuter Rail Authority. Also enclosed is a copy of the relevant section of the City Coda which I have highlighted for your convenience. The legal issue 1s outlined in the third and fourth paragraph. of my June 17 letter to Ta~rl. Although my letter asks for an "administrative waiver", we are more accurately contending that ~he peripheral qreenbelt requirement has already been met by virtue of the definition of the "project area". In other words, the combination of the landscape buffer to be constructed on the land beinq .old to the Tri-Ra1l A~thor1ty, to;ether with the landscape Duffer that will De constructed within the existing railroad. r1;h~- of-way, will meet the Code requirements. P'L.OIIIIDA Ol"I"ICKa ICE., LAIIIOC. M'A"", ClllLANl)O, WII.T ~AL.'" a&ACM a:UIIIO~EAN O""'CE: A.....TCIIIl:IA...., THE NIITHElllLAND. ... ......,.,.. .. James A. Cherof, Esquire July 13, 1994 Page 2 .. .. Steve Fivel, general counsel tor Quantum, and my.elf will call you on Mon~ay, July 18, to review this i88ue with you. It .hould only take a few minut... Thanks tor your attention and I look forward to speaking to you on Monday. JGW/smw Enclosures cc: Steven E. Fivel, E.quire w/enclosurel (Telecopy 317/263-7038) ORLANDO 721;71 .IMW - - .--..- -" ~- --- . , w.,n I .... I VIIW I I till V. "'''".11 , I-I~-~~ , , ~,~~ , , 'S HUT T S & Bow E' N ATToltNCT. AND CO"N.C~O.a A,. LAW "' _..t....,~ ...ewD... NCWCUIO.."" ....OCIATlO..., 80 1110."'" OIl....ca. AV."y. al.ll,.. 1000 0.........00. "'-O.'DA ...0. T.L..~"'ONe ..071 ...-..00 T.L..CO~I.. 46071 "a-.a,. .. .. .....NA .. ..u.na ".70.'''7) c....,.. D. .owe. ct.".,..., June 17,. 1994 via FEDERAL EXPRESS e.urt' II. IdUnru MTII.IIA O. "'U. _NOUl L. ..IUII .IO't'N D, HLfOlI e...lI'to...n., ~ 00-,," _.. ..... _DltlW ., Mv.... oI"IIlT",,- .".tII: '100_ .. C4I.&AfI 011 Ell," II. c--.r.1IO 010'"1 .. ell_'... -. .TEYEII ~ e..u.._ "O....TOOAII CONe. 115V1" D. COW"N _Ell II. eu.,.... .."- WI. "- .. "..... ._... ..t.o.. ~ NNU MT"lomN L. DtUtac.. oICA"~ .._ u"... _. 0........ oIAllta ,. .Ult....... If C"A".O It.OlltSOIl _m. 11\.... &aTE..... A. "Iltlt~ ~.Ift .. 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Ms. TambrI Heyden Acting Planning and Zoning Director City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Re: T.i-Rail Commuter RaIl Station at Quantum Park Dear Tambrl: _n... DIllie? "'C ~11 ~o~ 1U~O,i 4 _U.,. ... MVIYo. IY. AI.I"ltt. .. .."'" .'~"'III ,. alllITII. 11\... IIOICIlT C. '0fC1ft1l\ll~ IU. aU.IIE. .. ITAU.I" ....!tI. L lTeTa." tlI.<tJIl1t .. _"... .... IIAYlE. L. IlI&ItD .....N .. 'JC'aCl.l _.11lT I. ....S'J II, '..Iltloll fttlTO "1"'0.. .. YI. I'UIM. "ilL. .......u L VICEYICR. ...... IIOIIE.,. A, WAI..... ..... J. ""'UI .M'1. .....IL J. _._. 1100&.,. ..xLIII 010".. ., ..."'L ,.... ,MIIo"U .. .1""",", aeon .. W11ol.1&U u.wIIE.CI .. ...._ L,"''P'" L ..... ...... lIe".IT... _ 0' COU"IEL JO.~1Il .'",11.. tl.a. 010.... II. "'''. fl.... 1100 JOlla IlAItS ....u. ... lA.aca. "... ,/011111.1.1.1 ....tITO. ... ...,.n On behalf of the owner, Quantum Allociate., use approval t. hereby reque.ted for the proposed 'l'rI-RaIl Commuter Rail Station on a portIon of Lot 90 in Quantum corporate Park. The 1.gal description of the expanded commuter ral1 station 18 contained on the attached Exhibit "A". Two copi.. of t.he proposed Kalter Plan are being sent to you by overnIght courier by Mr. Joe Hadley of Craven Thompson' Associat.., Inc., eniln..r. for the Tri-County Commuter Rail Authority. Pursuant to Section 7.1. of Appenc1ix "A" (Zoning) of the City Code, please 8ubmit 'this use reque.t for review l>y t.he City Planning and Development Board at Its m..tin; scheduled ~or July 12, 19i.. Upon your review of the Maater Plan,. an administrative waiver of the perlpheral gr.enbe1 t requirement set forth 1n Section 7.H.(l7) of Appendix A is allo requested. Thls provision require. . twenty-f1ve (25) foot landscaped area on t.he East side of the "project area". As you will lee from review of the Master Plan developed by Tri-Rall, the "project area" includes not only Tract 90 of Quantum Park, but also approximately slxty-five (6S) feet of right-Of-way East of Lot 10 and We.t of the exlstlng railroad tracks. Within this area Tri-Rail has proposed a landsca~e ~uff.r of varying width but which probably averages no less than tw.nty- five (25) feet. The size, location and natura of the landscape buffer is required by Tri-Rail to accommodate commuter safety, access and visibillty concern.. 1"1.0"'0. o..,..cca: "n &.A"GO. ""A"". 0.. &.AN DO. wEaT I'IAL'" .EACH. 'E"'''C~EAN O....,c,: ..."'.,.E..o.a..... T...E NCTMK.I.ANO. II _.. ..w .wwwyw ~ \. ~ Xa. Tambri Heyden June 17, 1994 Page 2 . . w. believe an a4mini8trative waiver 11 appropriate becau.. of the public u.e nature of the project and because there will, ~n fact, be a landscape !>uffer within the "project area". Aft.ar cloaing of the aale from Quantum A8sociatea to the 'l'ri-County Commuter Rail Authority, there will be unity of title betwe.n the land purchased by Tri-Ral1 And the existing railroad right-of-way thereby .allowing you to count the landscaped area to be constructed within the right-of-way as part of the "project". Please confirm that an admini8trative variance i. available 1n this circum8tance. It will avoid the cost and delay ...ociated with review by the Board of Adjuatment and facilitate a timely closing on the aale to the Tri-Rail Authority. JGW/amw cc: Carrie Parker, City Nanager (via Federal EX~..I) ~ Andrew A. Juster (Tel.copy - 317/&BS-7222)~ Steven E. Fivel, Esquire (Tel.copy - 317/2&3-7038)~ Jeffrey Jackson, Director of Planning Tri-County Rail Authority (Telecopy - 305/7&3-134S)~ ClRLANDO 701".1 .IMW , , ~~~I ~I ~n~1 I~ 0 ~~"~~ , l-I~-.4 , l ~~~M , "U/"l~O~lg" - - ..., BOYln"ON BEACH CX)DK acta performed withlD or abuttinl laic! ....1D8Dta If any 1011 or dam.., it cauaed to abuttinl propeiV. 11. Off.6treet loading In DO msta.Dce ehall ofl'.atreet loading facilities front on a public n,ht.of-way anc! iD no event ahall theae facllitie. be located wlthbl eyeaight of residential diatricL 12. Plot COI)f!,.age The grou floor area ot the bulldiDl aDd ita aecenory etructure. .hall Dot exceed .my per cent (60 %) of the plot on which it iI conatrw:ted. 13. Open .pace. Each plot to be developed eha1l contafD a minimum of twenty per cent (20%) unobstructed. DonvehicWar open apace. All open portiODl of any lot aha1l haye adequate srading and drainage, and ahall be contmuoua!y maintained in a dust-free condition by euitable landacaplng with Uee8, abrub, 01' plaDted groUDd cover The deaign of auch laDdac&pm, aDd tM meuurea taken w w\U'e ita maintaDUlca .hall ... aubjllct to the approval of the pl.nnil\l aDd -""i~r board and the community appearance board. 14. Mozimum buildirv Mi.6ht. No bulldm, or appv- tenanc:ea thereof' ahall exceed forty-five (46) t..t AD height. 1&. Dutance between buildlr&g.. No buildiDa Uall .. con8tructed dour than twenty-flve (26) feet to another principal buildm, OD the lADle lot. or parcIl of land. l6.Dufnet ..theca. Pronto thirty (80) teet; aide. twaty (20) tNti rear. thirty (SO) f..t. 17 Pllnpheral61'8enbelt. The project area ahall be anc10Md on all .id.. with the uception of .cceIIW'~ for traffic and fre~ht by . landKaped area with . minimum wiclth of twenty-five (25) feet escept .MIl .ueh property abuta a ruJdmtial cliatriet .uch sreeDbelt ahall have a IIlbUmum width of forty (40) t_t. ttJI f ~ ~Il ~g~ lu~a,. ~ I ) " --- -... YT ., .. .. APP&PmIX A-IONJNQ ..., , It ahall be the ruponaiblUty ot the OWDer or developer to cazry out tbia requir8Ulent, and to proYida IUch maintenance or l\1&lantee of maintel18Dce, Iubject to planning and IONnI board ud community appearance board approval. L PROCEDURES FOR ZONING LAND TO PID. The procedure tor zoninc land to the pm elauificatioD ah&U be \he eame .. tor soning land aen.rally Beeauae of the dlfferencel In pm development. and the concept of UJ1Iftecl control in development, the following procedW'81 ADeI requirements ahall apply to applications for &oDin, to the PID claaif'lcation in addition to the ,eneral requJ.rementa. 1. ApplieatioM. I'I'UIt.1ic1l to be .,dJmittetl. ID additioD to Wormation required for application for IOft("J renerally, the applicant .hall lubID.1t the tollowiaa ID.atodall or data: ,a. Lqal docu.mentl auurin, unified ccmtrol of the propoeed PID aDd the apMlDlnta required UDder aubMction D. b. A muter .ite development plaD cont.~'tI\~ (1) The title of the projlet and the nam.. of tM prof..iow project plalmer aDd tM .- nloperi (2) Scale, date, Dorth urow, ad pnerallocatJoD map: (8) Boundariea of the property iJlvolv.a. aD eziailnC Itreetl, bWlcllnJa, ..aterco\I.Z"IM, .... lDenta, MCtion Un" and othor ez1atm, ilDpoi-- &ant physical foatw'el in and adJouw., .. proJecti (4) Site plan of locatiODa of laDe! uau mc1~ but. Dot liDUted to iDdUltrial areaa. pelllbe1ta and proposed n,bt.e.ot-wa)'; (&) ~uter plan .hcnrinl acc6U ad traftlc flow; aDd (6) Tabula~loDl of totAl POU acrMP lD &he developmeut and the petOeJlt.q8a t.bereot to be d.evoted to the VarioUl laDeS UMa. ~ Repulecl by Ord. No. '8-87, 11. 8\lPP- No. .1 II. -------------~ -----