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AGENDA DOCUMENTS .._.~. MEMORANDUM 19 August 1986 TO Peter L Cheney, City Manager FROM: Carmen S. Annunziato, Planning Director RE Ecological Report - Quantum Park at Boynton Beach Accompanying this memo you will find a copy of a Memo from Kevin Hallahan, Forester/Horticulturist which constitutes the staff comment on the ecological report submitted by Quantum Associates in compliance with Conditions No 6 and No 9 of the Development Order. Please recall that Condition No. 6 requires that the developer preserve in viable condition, a minimum of 40 acres of Sand Pine Scrub canopy, understory and ground cover vegetation, and that Condition No. 9 requires the preservation of six acres of seasonally flooded wetland habitat and the establishment of 11 acres of vegetated littoral zone habitat Also required was the submission of a Management Plan which provides for procedures to be followed in order to assure continued viability of these habitat. The ecological report constitutes the Management Plan for these areas In connection with the 40 acre Sand Pine Scrub habitat, the developer has the following responsibilities 1 To survey and identify animals native to Sand Pine Scrub habitat for the entire 540 acre development 2 To relocate these animals to the 40 acre Sand Pine Scrub preserve, and 3 To create three Sand Pine Scrub islands in the Rorth seven acres of the Sand Pine Scrub Preserve Of the three above-mentioned items, #1 has been completed, #2 is in the process, and #3 is in a pre-permitting phase. In order to accomplish the specifics of #3, which requires the relocation of 12,000 cubic yards of Sand Pine Scrub top soil, it will be necessary for the developer to secure an Excavation and Fill permit from the Building Official after review by the City Engineer This procedure also raises the question of the need to fulfill the requirements of a Land Clearing Permit in connection with the Tree Preservation Code Land Clearing permits are required prior to any land development activity in the City which results in land clearing, land removal, or land filling In this instance, because this earth moving project was a requirement of the Development Order through the Management Plan, certain substantive requirements of the Tree presevation Ordinance must be superceded in order to meet the requirements of the Development Order. Specifically, the City requires that final plats be recorded, prior to the issuance of a Land Clearing Permit. In this instance, the requirement to relocate animals imposed on the developer by the Development Order requires that land development occur prior to the recordation of final plats The Tree Preservation Permit requirement should, however, continue to be imposed on the development of individual sites at the time of site plan approval, and when appropriate for other aspects of the Quantum Park land development process. Please place this memo and Mr Hallahan's recommendation on a Council Agenda for approval of the ecological report c._..._ S~ CARMEN S ANN ZIATO /bks cc George Zimmerman Bud Howell Med Kopczynski Kevin Hallahan MEMORANDUM 22 August 1986 TO Carmen S Annunziato, Planning Director FROM Kevin Hallahan, Forester/Horticulturist RE Ecological Report - Quantum Park at Boynton Beach This memorandum is in reference to the above-mentioned report submitted by Mr George Zimmerman of Quantum Associates in accordance with the approved Development of Regional Impact (DRI) Order I have reviewed the report in its entirety and on behalf of the City of Boynton Beach staff find it acceptable in meeting the requirements of Conditions No 6 and 9 of the Development Order The report is an extensive and well organized document which reflects the attempts by the developer to meet the requirements set forth in these two sections of the Development Order It should be noted that this Management Plan in- corporates all of my recommendations with respect to the original Management Plan, which was submitted to the City when the property was owned by the Riteco Development Cororation (see memo dated July 8, 1985) The new Management Plan reflects a willingness on the part of the new developer to comply with the recommendations of the Ci ty Staff, as well as the requirements of the Development Order An overview of the Management Plan itself is contained in the items numbered 1 - 11 within the letter written by Mr Zimmerman The developer is presently undertaking the completion of items No 2, 6, 7, and 9 in an effort to preserve and relocate Sand Pine Scrub species of animals This will require an application for an Excavation and Fill permit in order to remove topsoil from one area on the site to three "fingers" which will create additional Sand Pine Scrub hab- itat for the animals The animal species will then be relocated into the 40 acre Sand Pine Scrub area subsequent to the installation of a perimeter fence The City Staff and City Council should be aware that a certain quantity of trees must be removed during the excavation process, and later during development of the project, in order to comply with the Development Order requirement for creation of additional Sand Pine Scrub habitat Page Two The ecological consultant, Don Richardson has continued to work closely with my office on behalf of the developer to accomplish all eleven items reflected in Mr Zimmerman's letter The only item that needs clarification from my review of the Management Plan is the completion date for construction of the boardwalk system (item 11) Construction of this boardwalk should be required within one (1) year of the time that the land adjacent to the proposed site for the boardwalk is platted In conclusion, I would recommend the City approve the Management Plan based upon the developer continuing to fulfill all the items outlined in the report I am sending copies of all completed work to your office to be kept in the project file If any additional information is necessary for our files, I will request it from the developer as the project continues ~~~ ?ae..~ KEVI ALLAHA1 /bks cc Torn Clark, City Engineer CITY of BOYNTON BEACH 120 E. Boynton Beach 8 July 1985 Mr. Wade Riley, Vice President Riteco Development Corporation 1300 W Lantana Road Suite 201 Lantana, FL 33462 Dear Wade Attached to this lette~ please find a copy of the City Forester/Horticulturist's comments related to the draft scrub pine management plan I suggest that we meet with your experts and Mr. Hallahan following your review of the report Please advise. Yours very truly, CITY OF BOYNTON BEACH ~nf: lata Planning Director ~ /bks cc Ci ty ~1anager Kevin Hallahan Charles Frederick John Wildner Central File Page 1 of 3 ~p J'-' -MEMR RA N DUM .1..",. . , . TO Carmen Annunziato Planning Director ~ r t .. UL 'r._ cm~ ~V.,#-..., OA'1E: 8 July '85 PL/~l't\, .' i..,<!'" lL.t"~f l. FILE F"'OM Kevin Hallahan Forester/Horticulturi~L !lUIIJ~CT Report on the proposed Resource Management Plan for the Boynton Beach Park of Commerce This correspondence is in reference to the above report prepared by representatives of the Riteco Development Corporation I have reviewed the document and will address the propsed plan as it relates to the fulfillment of the requirements of the Develop- ment of Regional Impact Assessment Report prepared by the Treasure Coast Reginal Planning Council (TCRPC) on September 24~ 1984 The requirements necessitating this Management Plan are stipulated under section six of the report entitled Habitat, Vegetation and Wildlife (see pp 1-6,7) This report by the TCRPC requires the developer to preserve forty acres of Sand Pine Scrub on the total acreage site of five hundred and thirty-nine point nine (539 9) acres The report also alludes to the parcels located on the northwest and north- east corner of High Ridge Road and N W 22nd Avenue as the optimal area for preserv- ing to meet the requirement (see paragraph 4, P 11-13, and map P 11-12 '~ature Sand Pine 1") Due to the locality and economic importance of this particular parcel of land in the developers proposed site plan~ this parcel became the model area for attempting to "rejuvenate" a forty acre area west of this parcel, which has been damaged due primarily to extensive grazing by cattle and the lack of fire (see map p 11-12 "Scarified Sand Pine 4") The proposed Management Plan submitted for rejuvenating the forty acre site appears to meet the basic intent of the TCRPC, though I feel that more detailed field measure- ment criteria should be incorporated into the plan There are also topics that have not been mentioned in the Management Plan which I feel should be discussed as part of the development proposal There are five main catagories in the Management Plan the Annual Report, Fire Management~ Threatened Plants~ Threatened Animals, and Exotic Plants Each one will be addressed and comments added 1 ANNUAL REPORT SUBMITTED (See p 1 of the report) ~The Annual Report should be a systematic inventory oriented to the elements ~ of natural diversity, collecting evidence in a field book of rare plants, animals and communities v/ a The specific findings should also include seasonal observations of items /~ of plants and animals ~~; There should be an evaluation made of the quality of the rejuvenated site to determine whether the area is increasing, decreasing or remaining the same in the attempt to revert back to a viable Scrub Pine ecosystem c) The report should indicate when the area is considered successfully re- juvenated or has failed to rejuvenate Page 2 of 3 @) /e The report should indicate if the entire parcel of forty acres has been rejuvenated or any portions thereof and this information depicted on the area survey map submitted to the City of Boynton Beach The acceptance of the Annual Report by the City of Boynton Beach should be contingent upon the three other environmental agencies (DNR~ Department of Fish and Game~ TCRPC) satisfied with the report 2 FIRE MANAGEMENT (See pp 2~3~ of the report) \/ Vb ./ c .j d Je \/f Fire or mechanical means to imitate the effects of fire will be used as a tool to help restore the area to a viable Scrub Pine ecosystem a A controlled fire should be performed by the State of Florida~ Division of Forestry~ under a control burning permit~ and a copy of the fire report submitted with the Annual Report The controlled fire or mechanical means used should be based on the stage of development of the vegetation and/or population levels of Scrub Pine animals~ rather than on an arbitrarily fixed number of years Any controlled fires should be coordinated by the City of Boynton Beach Fire Department After a control burn is accomplished~ a vegetation recovery rate~ measured by percent cover and Horn's index~should be indicated annually Scrub Pine plant species which are seeding and which are sprouting should be indicated annually The ratio of dead fuel (standing dead biomass) to live fuel should be in- dicated annually 3 THREATENED PLANTS (See p 4 of the report) Three species of plants are noted in the report although additional elements / should be included vi a An itemized plant list of all species endemic to this type of Florida Scrub Pine habitat~ especially the "scrubby stratum" species (see paragraph 6~ p 11-13 in the TCRPC Report) / b The percentage increase/decrease of these species should be indicated annually c There should be a listing of any other plant ecosystem (e g Scrub Oak Hammock) found on the parcel (or along its boundary) and designated on the survey map submitted 4 THREATENED ANIMALS (See p 4 of the report) There are three species of animals noted in the report although only two are required by the TCRPC Report~and three other species should be included in /~ahe list (see p 1-6 of the TCRPC Report) V The inventory of animals should also include the Florida Burrowing Owl~ Florida Gopher Frog~ and Florida Scrub Lizard A list of other animals endemic to this type of Scrub Pine habitat should also be included Special attention should be given to activity of the Gopher Tortoise and include 1) the number of burrows with measurements of openings (L X W) and~ 2) the percentage of burrows which are active and inactive and~ 3) other burrows which are not of Gopher Tortoise origin This should be indicated annually A description of the methods~ tools~ instruments~ traps~ etc used to re- cord animal numbers should be stated V'b. Vc Jd VI -/2 /(4 ~ vi '1'/7 Page 3 of 3 ,/ 5 / EXOTIC PLANTS The removal of exotic plants (Melalueca3 Brazilian Pepper and Australian Pine) is noted in the report a It should be stipulated by what means (mechanical 3 chemical 3 etc ) the exotic plants will be removed3 and the time of year performed to comply with the TCRPC Report (see p 1-9, #11 of the TCRPC Report) This pertains to avoiding seed dispersal by any exotic species on the site TOPICS NOT MENTIONED IN THE REPORT (MANAGEMENT PLAN) Item 6b, p 1-7 of the TCRPC Report requires a program of effective reloca- tion into the preserve area of any populations of the animal species listed as concerned, which occur outside the preserve limits This would have to be an ongoing process through development of the entire site (539 9 acres) Item 6c, P 1-7 of the TCRPC Report requires submittal of the Management Plan to four agencies The proposed Management Plan submitted (see p 1) indicates having the Annual Report sent to only three agencies The report should also be sent to the Florida Game and Fresh Water Commission 3 The Management Plan should also include a listing of the Microclimatical Data which measures 1) soil type and profile3 2) any changes in air quality or soil chemistry (PH, K, P, Mg, Ca) The Management Plan should also include a prOV1S1on for mulching the rejuve- nated area with top soil from a natural Scrub Pine area which will be developed (technique recommended by Dr Andre F Clewel13 1983 Scrub Pine Conference Abstract) The Management Plan does not indicate which representative(s) of the City of Boynton Beach would be responsible for acceptance of the Annual Report or how the representative would be involved in the compilation of the data for the report There should be included in the Management Plan a working plan which outlines the procedure of every activity to rejuvenate the area giving details of who, what3 where, when and why The Management Plan as submitted is a general out- line although a specific outline of the work plan is necessary The Management Plan whould discuss what types of passive recreation (boardwalk and nature center) could be developed on the site if the rejuvenation program is a success This would be an amenity for the City of Boynton Beach This information should be in compliance with the developmental guidelines of the TCRPC _~~-JJd~d.u4t.l ,8~- Kevin Hallahan CC Charles Frederick, Director3 Recreation & Park Department John Wildner3 Parks Superintendent File Illi/ad MEMORANDUM 15 August 1986 TO Tom Clark, City Engineer FROM Carmen S Annunziato, Planning Director RE Excavation and Fill Permit/Sand pine Preserve Quantum Associates is desirous of expediting the excavation and fill permit process for the Sand Pine Preserve for the reasons stated in the attached materials These materials have been forwarded to the City in order to allow the City to become familiar with the proposed excavation and fill project so that permits can be obtained expeditiously by Quantum's contractor If you have any questions or comments please contact Mr Zimmerman Thank you. (~cfk- ~~ CARMEN S ANNUNZ~TO /bks cc City Manager Forester/Horticulturist George Zimmerman Central File .,.--.. -~ - , .L F.... DEUTSCH IRELAND PROPERTIES _ . ,~r~r'lr L....vu~"'U""LEOFfICl. August 13, 1986 Mr Carmen Annunziato, City Planner 120 N E 2nd Avenue POBox 310 Boynton Beach, Florida 33435 Re Excavation and Fill Required Sand Pine Preserve Dear Carmen Enclosed herewith are three copies of the excavation and fill construction documents necessary for the completion of the Sand Pine Preserve in accordance with the Sand Pine Scrub Preserve Management Plan We are in the process of bidding these documents and the contractor we select within the next week or so will have the responsibility of obtaining the excavation and fill permit from the City I am sending these to you with the hope that you can prepare the appropriate City departments so that we can proceed as quickly as possible with this work The reason for our urgency is the fact that the gopher tortoise should not be kept in captivity any longer than six to eight weeks In accordance with our animal relocation permit, Don Richardson has begun trapping, and at this point, has collected over 20 gopher tortoise from the site As you can see, we are faced with a preserve completion deadline of the first of October Anything that you can do to help us attain this goal would be greatly appreciated Very truly yours, GWZ aem Enclosures CC Mr Edward B Deutsch Mr Thomas P Misuraca Mr Ronald J Pronyk Mr. Jim O'Rourke Mr Ric Rossi SUITE 1106-INTERNATlONAL BUILDING-2455 E. SUNRISE BOULEVARD-FORT LAUDERDALE. FLORIDA 33304. (305) 564-5114 THE BUILDING. 1125 NORTHEAST 125 STREET NORTH MIAMI, FLORIDA 33161 . (305) 891-6806 AFFILIATES. D/I REALTY & MANAGEMENT CORP MITA CONSTRUCTION CORP M E M 0 RAN DUM July 17, 1986 .~ . ._~. TO: Mayor & Council FROM: Peter L Cheney, City Manager ~----..---......_~~- ...-- --...~---.. SUBJECT Park of Commerce Public Hearing Date Because of a conflict that Ed Deutsch has with another pro- ject and a long time pending date for a hearing in another City, and due to scheduling limits in the Florida Statutes, I am suggesting that the City Council Public Hearing on the project be held on Thursday, September 4, 1986, at 7 30 P m. instead of Wednesday, September 3, 1986 At the meeting on Monday, July 21, 1986, we can confirm if this alternate date is acceptable (2 C ) CL;t P ter L Cheney City Manager PLC sr cc Carmen Annunziato Central File . MEMORANDUM 15 July, 1986 TO Peter L Cheney, City Manager FROM Carmen S Annunziato, Planning Director RE Tentative SchedulefB B P 0 C Substantial Deviation Procedure Attached please find a tentative schedule for the processing of the Boynton Beach Park of Commerce's second request for an amendment to the master plan Please review this schedule wth the City Council to determine an appropriate public hearing date Co..- . ~X CARMEN S A UNZIATO flat Applicant submits materi s for Staff, Planning and Zoning Be d and City council review and proval commencing the Chapter 380 F Substantial Deviation review process. These materials were simultaneously ransmitted to the Department of Community Affairs, Bureau of Resource anagement (DCA) and to the Treasure Cast Regional Planning Council (TCRPC) July 15, 1986 Transmittal of Plans and other support documents to the Technical Review Board (TRB) members Announce TRB meetings of July 22nd and August 5th. July 22, 1986 TRB conducts preliminary review of proposed changes August 5, 1986 TRB conducts final review of proposed changes and prepares recommendation to Planning and Zoning Board and City Council August 2-0 4, The Planning and Zoning Board meets to consider the proposed changes to the approved master plan This review is couched in the Planned Industrial Development regulations wherein the Board must approve master plan amendments August 12, 1986 1986 The City Clerk advertises the "Substantial Deviation" public hearing for the City Council meeting of September 2nd 1986 September ~1,t' t/. t, 1986 The City Council conducts a public hearing at which a determination is made as to whether or not additional Development of Regional Impact review is required ~ ~ : \ \ I ,\ '\ \ 1 \ \ .1 I, \ \ \ \ Ii \ \ iI, I 9 '8' , ~ \ \ \ I \ I I \ i \ \ \ \\ \ . \ \ \ ~ /-J/\ V 95'(. \ \ ~ ~(f96 \ \ \ \ \\, II' t i \ I -t" \ 1\\ \ i II \\ \ I \ I \ \ ~ ~ ~ .tf-'J.-/4I. ~ ..-f) }-7 .J!J..--.R J ,..-....fl ~ ~~ .........P~ T~ ~~ ~ ;c..;d. ~-I ~ ~;~'i ~ ,t1~ C~G^) ~ /C~T~~~ /~_ _ 7 ~ <':T~~) ~~ ~ ~"-~ /C qJ '77;-,<- /'<-- ~ Ak.--r ~ "'- ~ J'i?drS ~~ ~<>1~~~