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GREENBELT BUFFER AGREEMENT ,'" t I I I ) f f Purpose: ( 0/ t -f (q I r.t-La.. th~ ~.A.))';- G,.lr, f-~ MASTER PLAN MODIFICATION QUANTUM CORPORATE PARK 14 OCTOBER 1991 ThIS Modification to the Master Plan for Quantum Park P.I.D IS being submitted solely for clarification purposes and will be used upon its approval by the City of Boynton Beach to regulate development of the project's perimeter Both Quantum AssocIates and the City of Boynton Beach stipulate that thIS clarification does not modIfy the existmg DRI approval or any other existmg approval, and that it is being adopted as a clarification of an enforcement matter between Quantum Associates and the City of Boynton Beach. For those reasons, and pursuant to an agreement wIth the City of Boynton Beach, thIS document is not bemg submitted to eIther the Department of Commumty Mfmrs or the Treasure Coast Regional Planmng Council. Quantum Associates hereby relies on the opinion of the City of Boynton Beach that no participatIon or review is reqUIred by eIther of these agencies. Recitations: WHEREAS, the City of Boynton Beach and Quantum Associates agree that the existmg City of Boynton Beach P.I.D Ordmance requires a perimeter greenbelt of either 25 feet (where development abuts property of industnal or commercial use) or 40 feet (where development abuts property of resIdential use), and WHEREAS, the CIty of Boynton Beach and Quantum AssocIates agree that the existing P.I.D Ordmance reqUIres that the greenbelt buffer be at the project penmeter, and that such buffer shall be measured from the outermost property line inward, as reflected m the plats, and WHEREAS, the CIty of Boynton Beach and Quantum Associates agree that while other general code reqUIrements require that a SIX foot high wall be constructed between residentIal dlstncts and either mdustnal districts or commercial districts, and that such requirement is appropriate m those cases where properties of dIfferent zomng classificatIons dIrectly abut one another Such reqUIrement does not exist where there are intervemng property owners, nor where such abuttmg properties benefit from the greenbelt buffer described herem, and WHEREAS, the CIty of Boynton Beach acknowledges that many of tl}.e perimeter boundary condItions that occur at Quantum Park were not contemplated by the code, nor are they directly addressed by the code, and WHEREAS, the City of Boynton Beach acknowledges that the greenbelt buffer is not suffiCIently defined m the code as required to enforce specific plantings, or to determine the acceptance or rejection, of a water area as qualifying buffer; and ... """ 4lI ~ .......,,~... WHEREAS, the City of Boynton Beach acknowledges that regulation of the greenbelt buffer must be consIstent WIth the rights of mtervenmg property owners and the rights of mdlviduals, corporatIOns, agencIes, and utihtles having dedicated easements. THEREFORE BE IT RESOLVED that, the above recItals are true and correct and are mcorporated herem, and that Quantum AssocIates agrees that this Master Plan ModificatIOn shall set forth the speCIfic penmeter condItIOns that will be implemented along WIth adJoming parcel development that takes place within Quantum Park from thIS day, 14 October, 1991, henceforth. Acceptance of this Master Plan ModificatIon by the City shall be eVIdence of the City's rehance on this modIficatIOn for all Issues concerning the appropriate treatments of greenbelt buffers at the Quantum Park P.I.D perimeter, as well as the landscaping to be placed therein. Furthermore, such acceptance shall stIpulate that the perimeter greenbelt buffer IS reqUIred m heu of a masonry wall, and that the City will not reqUIre addItIonal penmeter treatment. Quantum Park P.LD. GreenBelt Buffers. 1 Whether a greenbelt buffer IS reqUIred, will be determmed by land use not zoning. An mdustrial use, office use, R&D use, or commercial/retail use wIthm Quantum Park that abuts a reSIdentIal use outSIde Quantum Park shall have a forty foot WIde greenbelt buffer separatmg such uses from adjacent residential uses. An mdustnal use, office use, R&D use, or commercIal/retail use withIn Quantum Park that abuts any of the same uses outside Quantum Park shall have a twenty-five foot greenbelt buffer between the uses. 2. No greenbelt buffer shall be reqUIred when the perimeter of the Quantum Park P.I.D abuts a road nght-of-way, a railroad right-of-way, or a transportation station (Tri-Rail). If perimeter Quantum Park properties are combIned with properties outsIde of Quantum Park to form a single development, contInUOUS in nature, no buffer shall be required. 3 All buffers shall be measured from Quantum Park Penmeter Property lines Inward and water shall be Included as an acceptable part of such buffers. Whenever necessary, the buffer dimensions shall be Increased such that a minimum of fifteen feet of earth is proVIded In a contInUOUS fashIon. Such areas shall be planted in accordance WIth number 4 below 4 All plantIng plans for the greenbelt buffer shall be submItted to the City of Boynton Beach for approval when development plans for the adjoining buffered area are submItted. Planting within the buffer shall be the responsibilIty of Quantum ASSOCiates, but at sometImes may be contractually delegated to the adjacent property developer Plantings of the buffer shall be completed pnor to the CertIficate of Occupancy being issued on the buffered property In addItion to Boynton Beach Landscape ReqUIrements, the number of plants/trees to be provided shall be based upon perimeter frontage. For each twenty-five feet that a parcel either fronts on or contains a penmeter greenbelt buffer, four addItional shrubs, three foot, six Inches in heIght at the time of planting, shall be reqUIred and one addItIOnal tree, with a minimum two and one half inch caliber, twelve foot, zero inches mimmum height and eIght foot, zero inch diameter mimmum canopy, at the time of plantIng, shall be reqUIred. Such additional landscape matenals shall be placed between the rear of the development and the first fifteen feet of greenbelt buffer area, measured from the boundary of the development parcel. Placement shall be determIned based upon mput from the Quantum Park DeSIgn ReVIew CommIttee and the City of Boynton Beach Forester, and the reqUIrements and restrictions of the South Flonda Water Management DIstrict, Lake Worth DraInage DIstrict, and Florida Power and LIght. Any permIts reqUIred for landscaping within the South Flonda Water Management Dlstnct easement areas shall be acquired by Quantum ASSOCiates. A mlmmum of a fifteen foot WIdth of greenbelt buffer shall receIve sod, and the balance of the land area shall be shaped and seeded to provide a completely fimshed appearance Maintenance of greenbelt buffer areas shall be the responsibilIty of the underlYIng property owner Landscaping within the greenbelt buffer shall be irngated by a broadcast irrigation system placed along the property line of the adjacent development parcel, and the installatIon and maintenance shall be the responsibilIty of such parcel's owner 5 Parcels owned by Quantum ASSOCiates, QRA, Inc., or the Quantum Commumty Development DIStriCt, may have green space easements placed upon them that are dedIcated to the adjacent development parcel. In such instances, it is understood by Quantum ASSOCiates and the City of Boynton Beach that buildIng setbacks shall be measured from outSIde easement boundary lines rather than the property lines of the development parcel. In those Instances where parcels have a green space easement adjacent to a canal, the buildIng setbacks shall be measured from the top of the canal bank. Adoption. Quantum AsSOCiates and the CIty hereby agree to enforce greenbelt buffer requirements as stated hereIn. To accommodate projects m process (i.e., 49 DIstributors, Inc.), Quantum ASSOCiates and 49 Distributors, Inc., hereby agree to submIt a landscape plan for Parcel 49A consistent with thIS document within thIrty days of acceptance of thIS Master Plan Modification and final approval by the City of Boynton Beach. LandscapIng illustrated on such plan shall be installed prior to the issuance of the Certificate of Occupancy for the 49 Distributors, Inc., development. I j I Quantum Associates and the City of Boynton Beach hereby agree that in the future, J some of the Quantum Associates responsibilitIes identified herein may be assumed by the Quantum Community Development District. Such assumption by the Community Development DIstrIct will be totally voluntary by the District. The City of Boynton Beach hereby understands that they will be able to rely upon execution of responsibilities by the Quantum Community Development DIstrIct only after the commitment to assume such responsibilItIes IS made by their Governing Board and until such time all such reqUIrements shall remain the obligation of Quantum Associates. This Master Plan Modification is hereby submitted by Quantum Associates for review and approval by the CIty CommissIOn of Boynton Beach. Its contents have been reviewed in a prelImmary fashIOn WIth City staff during a work session held October 11, 1991 , Vice President of Development /r-r/1/ D TE