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CORRESPONDENCE treQlure co~t regional planniQg council ~ ~ jtev- June 5, 1989 Mr. George W. Zimmerman Quantum Associates The Tower, 21st Floor 110 Southeast Sixth Street Ft Lauderdale, FL 33301-3415 Subject. Quantum Park Development of Regional Impact Substantial Deviation--HistoricaljArcheological sites Dear Mr. Zimmerman Subsequent to the Preapplication Conference held on May 30, 1989, we received the enclosed letter from the Florida Department of State, Division of Historic Resources, confirming that the proposed substantial deviation will have no effect on any sites listed or eligible for listing, in the National Register of Historic Places, or otherwise of national, state, regional, or local significance I trust this information will be helpful to you ~,.: ,~. sincerely, ~~ Teresa Cantrell Regional Planner TC lb Enclosure cc. James Stansbury Carmen Annunziato RECEIVED JUN 7 1989 PLANNI(~G DEPT. ~ - 3221 I.W. martin downl blvd. IUlte 205 . p.o. box 1529 palm city florlda ~990 phone (<107) 216-3313 CITY of BOYNTON BEACH Q"';-' 120 E. Boynton Beach Blvd , "'tJ-". P. O. Box 310 · ..r... - ~." Boynton Beach, Florida 33425-0310 , (305)734-8111 ""'! . OFFICE OF THE PLANNING DIRECTOR 16 March 1988 Mr. George Zimmerman Quantum Associates Suite 1106 2455 East Sunrise Blvd Ft Lauderdale, FL 33304 Dear George: I am in receipt of a letter dated March 9, 1988 from Michael Busha of the Treasure Coast Regional Planning Council concerning the ecological plan for the Quantum Park Development (copy attached). It appears that Mr. Busha is raising issues which are substantial in nature and should be addressed in a timely manner By copy of this letter, I am requesting that Mr Busha join the City and developers at a meeting where we can address the issues raised. I am suggesting that we meet on Wednesday, March 23rd at 10 a m in my office If this time is inconvenient for either you or Mike, please call to arrange a mutually convenient alternative Thank you for your attention to this matter Yours very truly, CITY OF BOYNTON BEACH L ~_~ c.a... -- / -~ ( Carmen S Annunziato, AICP Planning Director /bks cc Peter L Cheney, City Manager Kevin Hallahan, Forester/Horticulturist Central File March 9, 1988 treQlure co~t regional planniQg council Mr. Carmen Annunziato, city Planner city of Boynton Beach 211 S. Federal Highway Post Office Box 310 Boynton Beach, FL 33425-0310 Dear JU:- Quantum Park Development Ecological Pl~n &""c:.A >...1uL.la-co of Regional Impact subject. Council staff has reviewed the Ecological Plan for Quantum Corporate Park dated January 1988 The plan is submitted to address Development Order (DO) Conditions 6 and 9 which relate to developer responsibilities for: 1) protecting and managing Sand pine Scrub habitat and endangered and threatened species; and 2) preserving, creating, and managing wetland and littoral zone habitat Except for a minor amendment to the wetland section (Part II) of the plan, the developer has adequately addressed his planning requirements for DO Condition 9 However, sections of the plan addressing protection and management of Scrub habitat and endangered and threatened species will require significant modification prior to council approval. Wetland/Littoral Zone Plan site plan changes and lack of reference on lake area views (e g , Figure 1-A, etc.) to a master site plan make it impossible to determine where created littoral zone habitat is proposed to occur on the property To allow this determination which will assist in monitoring this aspect of the project, lake area views should include appropriate reference to a master site plan Properly referenced lake area views and a master site plan with like references should be included in this section of the plan Sand pine Scrub Preservation and Manaqement Plan The intent of DO Condition 6 is to preserve a minimum of 40 acres of Sand Pine Scrub habitat on the property including canopy, understory, and ground cover Additionally, Condition 6 requires that a plan be prepared which. 1) identifies and delineates the boundaries of the Sand pine Scrub habitat area(s) to be preserved; 2) provides for the effective r~o~~~~?ngered and threatened animal populations into the ~~ ~~); and 3228 s,w, martin downs blvd, suite 205 p,o. box 1529 palm city, 1I0rida 33490 phone (305) 286-3313 MAR 1 0 1988 karen t. marcus jim mlnlX chairman PLA;"i'1u"HJI DEPTjice chairman thomos 9, kenny, III doniel m. cory secretary/treCl5t1.G, execJtive director Mr Carmen Annunziato City of Boynton Beach March 9, 1988 Page Two 3) provides a management program area(s) to maintain suitable threatened species which exist preserve area(s) We understand that the developer is committed to preserving the 40-acre minimum onsite. However, the plan does not include surveyed locations of microsited Scrub areas, nor does it provide measures to protect these and other Scrub preserves from development. Based upon staff's recent site visit and because of the location of preserve areas amidst development, there is concern that Scrub preserves will be compromised Therefore, it is recommended that the revised plan include surveyed locations of all Scrub preserves and commitments to properly delineate these areas in the field to protect them from development activities Due to such activities Micrositing Area A (see Exhibit A) no longer provides an option for Scrub preservation It is strongly recommended that actual field delineation and surveys be completed immediately for approval by City staff for the Sand pine Scrub preserve habitat for endangered and in or are relocated into the Original proposals to protect endangered and threatened animal populations on the property depended upon relocation of these populations into a 40-acre preserve area It is proposed that this 40-acre preserve be reduced to 25.7 acres by eliminating an area not containing Scrub Staff is of the opinion that reducing the size of this preserve area as proposed will not interfere with protection of relocated populations. However, the Game Commission is the permitting authority with respect to this issue. Staff will base its final approval of this aspect of the plan on Game Commission concurrence with staff opinion. Written concurrence should be included in the amended plan. It should be noted that additional active and inactive Gopher tcrtoise burrows were observed clustered in a patch of small oaks in the south central portion of Micrositing Area G (see Exhibit A) Once verified, the Game Commission should be notified of this occurrence and the potential for additional animals to be relocated into the 25 7-acre preserve area Sections of the plan responding to preserve management do not provide enough information or direction for implementation These sections discuss management philosophies and set out programs that can result in the development of management plans for the Scrub preserves It is what might be labeled a plan to prepare a plan There is a detailed statement provided below, of the management goal and what needs to be included in the management plan so that the City and implementing entities are Mr. Carmen Annunziato City of Boynton Beach March 9, 1988 Page Three provided useful management prescriptions for the Quantum Scrub preserves Manaaement Plan Goal: Long term maintenance of vegetative diversity, long term provision of suitable habitat for endangered and threatened species and Scrub soils preservation Management plans should include: a specific fire models and prescriptions or specific nonfire methods proposed to be used in management; b. proposed habitat management schedules identifying blocks of land proposed for management with reference to the year in which management is proposed to take place, c discussion verifying the proposed management approach as the most preferred based upon 1) the habitat type, age of community and target species occurring within the preserve area; and 2) surrounding land uses, preserve size, etc ; d. a justified estimate of the total cost of implementing the proposed habitat management plan including personnel required; e. the entity responsible for implementation of the proposed management plan (said entity can be the developer, property owners association, a gove~nmental agency, environmental or conservation organization, or educational institution); and f the instrument proposed to provide reasonable assurance of financial and institutional ability to carry out the commitments included in the proposed habitat management plan It is requested that the City authorize no land fire breaks or lanes, etc.) or construction (e observation decks, signage, etc ) within Scrub the management plan is developed and approved clearing (e g., g , boardwalks, preserves until Development of Mr Carmen Annunziato City of Boynton Beach March 9, 1988 Page Four such items without an approved management plan may interfere with management options for this property In previous correspondence and discussion, the developer has requested that he be given relief from preserving Scrub in microsited areas as Scrub creation experiments in the original preserve are demonstrated to be successful. Language is provided on page 73.1 of the plan to facilitate the process by which relief could be given A flaw in the process proposed is that no qualitative or quantitative criteria is provided to determine success of Scrub creation experiments. Council staff is willing to work with the City and the developers consultant to develop such criteria However, until criteria to determine success are agreed upon, staff cannot approve the language as provided. As a general observation the plan devotes a considerable amount of time to resource descriptions, endangered and threatened species requirements, sampling and trapping methodologies, and justification for selecting Scrub areas as preserves. These sections are no longer appropriate to include in the main body of the plan and contain information which are no longer accurate due to changes in preserve area size, location, and approach The plan would be better served if these sections were corrected and included as appendices of the document This approach would free the main body of the plan to mainly concentrate on a working preserve management plan with a copy of this letter I have provided Dr Donald Richardson my notes on the plan to provide him more detailed direction regarding amendments. If there are questions, please call Sincerely, ~ Michael Busha Regional Planner MB 19 Attachment cc George Zimmerman Marina Gonzalez-Pennington Joan Diemer Donald Richardson Ray Fernald Sam Shannon c IIt1o- , I .~ ~\ - ,~:I ~" pUlll ______wn .-.- >> ~~- ~~..~~ ;p".lO ~ ,-I: - ....~,,....,.... \r--=-- - ____ _ A1t':" sa. .,,7 I I I I I GOPHER TORTOISE . l?Z2J ~REA - A- Micrositing Areas EXHIBIT A -------------" --- Q~ ~~AA--- -JiM C.LAR-X- CO'7 ~ Mr Ric Rossi Rossi & Malavasi Engineers, Inc Forum III, Suite 407 1675 Palm Beach Lakes Blvd W Palm Beach, Florida 33401 CC(Q)~Y AN AFFILIATE OF DEUTSCHIIRELAND PROPERT~~ / t~)W" iI', 0,{-'1\' I V I v}'1.lJ \ ~ r- Iv I '"' l. /h/ / "'~' rl~1", .1 ' p' ~ \ r! (?-,{/ {'>1 \-1 \ ; t~, (J-~ f1 arc h 9, 1 9 8 8 I~~ Re Fees to the City of Boynton Beach for infrastructure work Dear Ric In accordance with our discussion last week, please be advised that Quantum Associates is not investing any more money into infrastructure improvements than they were previous to the most recent Master Plan change The change orders that we have experienced have been primarily due to project delay costs of the contractor Those items that were not of that category had to do with the revision to work already completed within the Park (specifically filling lakes that had already been constructed and revising drainage and sewage structures that had already been pre- fabricated) There has also been an increase in dollars allotted to the formation of the Sand Pine Preserves with respect to staking, layout, construction routing, etc Other than these items, there has been no direct increase in project cost Therefore, we believe there should be no increase in bonding requirements or fee requirements to the City of Boynton Beach for the latest Master Plan change Please proceed in your discussions with the City along these lines, and let me know if we need to meet to discuss any of these items further Thank you for your cooperation on this matter Very truly yours, GWZ aem 4~ 4J Z~ (O-em) GEORGE U ZIMMERMAN Vice President of Development RECEI\/L~~ CC Mr Steven W Deutsch Mr Peter Flotz Mr John O'Reilly Mr Michael J Toll MAR 11 lSt3t MNN~'i~'G 0E.p~. h"~ 2455 EAST SUNRISE BOULEVARD, SUITE 1106, FORT LAUDERDALE, FLORIDI\33:i'(j4-- BROWARD (305) 564-5114 . PALM BEACH (305) 734-3555 treQ/ure co~t regional planniQg council February 29, 1980 Mr Carmen Annunziato, City Planner City of Boynton Beach P 0 Box 31 u Boynton Beach, Florida 33425-0310 Subject Quantum Park Development of Regional Impact Dear Carmen After inspection of the Quantum Park site with City staff member Vince Finizio, I believe it is urgent to request immediate implementation of the following recommendation which will be included in Council staff's forthcoming conditioned approval of Quantum Park's Ecological Plan This is that Sand Pine Preserve Areas #1 and #2 and the 12 acres of microsited Scrub habitat be surveyea ana that temporary barriers be established around these areas to prevent encroachment by land clearing and construction equipment To provide adequate buffering, temporary barriers should be placed at least 20 feet outside of the actual protected perimeter Barriers should remain in place at least until construction around the preserve and microsited areas is complete Surveys and the type and p 1 acemen t of temporary barri ers shou 1 d be approved by the City of Boynton Beach There is urgency in implementing such a recommendation to assure that 1) Sand Pine Preserve Areas #l and #2 remain intact, and, 2) enough viable Scrub habitat remains outside of these areas to meet the l2-acre micrositing requirement Staff's site visit reveal eo various incidents of unnecessary Scrub habitat destruction Such incidents have occurred in Micrositing Area A to the extent that staff no longer considers this area to present an option for micrositing (see Exhibit A) It should be noted that techniques to control soils from eroding and becoming airborne are not being practiced Implementation of these soil treatment techniques is visibly necessary and is also urgent If there are questions please call Sincerely, ltbCEl~ED W.R2l.96ts plANN\NG Of-Pl'. Michael Busha Regional Planner MB dt cc George Zimmerman Vince Finizio - - 3228 s.w. martin downs blvd, suite 205 p,o, box 1529 palm city, f10rida 33490 phone (305) 286-3313 karen t. marcus chairman jim minix vice chairman thomas 9, kenny, III secretarv/treosurer daniel m. co", executive director r::-- - .l\ - --- -~ .---- -..' I ___ .... ~. a"'F I I I I I Micrositing Areal EXHIBIT J ~ _._--~-_._--------------- CITY of BOYNTON BEACH ~ -f POBOX 310 211 s. FEDER1\L HIGHI~Y BOYNTON BEACH FLORIDA 33435 ~--.,--=--=~w --~.c--:'~'~-';"J~' ~1- 't:;..~-~~"'--"'==~=~~ I ~~, -.' ~ __~ - -~ -l-:..... ~ I ~ ~ . 1 ..t~:;';;ii-~';;;;~~;;'-;;:.;!~"; ':;.=;.~. - I: ..--S" y?' I _-.t-. :_~~ iJ l'~ ~ It ~---::,~~'::.."':"";;:r."'~l ~"11~t ~ ',... - -=-:;:: -. ~~~=--=- -~ 4- ret ~- ~-'€~. -. --.-..- --~-'- ~ - ... February 3, 1988 Gordon L. Guthrie, Director Water Management State of Florida Department of Community Affairs 2571 Executive Center Circle East Tallahassee, FL 32304 RE ORDINANCE #88-3 Dear Sir We forward herewith a certified copy of Ordinance #88-3 that was adopted at the City Commission Meeting on February 2, 1988. If I can be of any further assistance, please do not hesi- tate to contact me. Very truly yours, CITY OF BOYNTON BEACH BB:mas Attachment ....-- r---~"""""--~ .._~__--o..,...". a/ltr CC Carmen Annunziato City Planner h~' l ~ r- ) .~ :- CITY of BOYNTON BEACH (J. f POBOX 310 211 S FEDERlJ. HlQi\-ll\Y BOYNTON BEACH FLORIDA 33435 r.- ~--~ -~r~~j'fJ'.')J!--,' ~....__!5b.?~,:~i! I ~~l' I ~ ' f~~"';~:="-;~~~~~"[~';.~ 'J~ffl}'1 i ~'; T~ t I -.. I . '~~~ J ~~ oJ. ,. ~-~::::.~~~<~-_..;;. '; ~.~~I~'~. : ~' .-4,... _ ~ :-:-. ~ MIl' .J:! _ -'-. - ~- ~ .='4' ~ --.:: ~- '-'i~ - f '-f ....:..--::. -~~,~ ;;-- .- ~ ~ February 3, 1988 Daniel M. Cary, Executive Director Treasure Coast Regional Planning Council P. O. Drawer 396 620 S. Dixie Highway Stuart, FL 33495-0396 RE ORDINANCE #88-3 Dear Sir We forward herewith a certified copy of Ordinance #88-3 that was adopted at the City Commission Meeting on February 2, 1988 If I can be of any further assistance, please do not hesi- tate to contact me. Very truly yours, CITY OF BOYNTON BEACH BB mas Attachment ~/ a/ltr CC Carmen Annunziato City Planner B f: ','" :. o:,t. .l.~ v ;., ',: ~..-- -- POBOX 310 211 S FEDERAL HIGHI'lAY BOYNTON BEACH FLORIDA 33435 ~ i' ,- ----- - -~ ~)~~-'~I' j~:..-:",_~~---~~-==~~ ~-5iI _ ; .:...... - - -..l-.. I r--- t , f~~~~;~~:F~ ~ry:za, i I ~? ~....'-~~;::.~--:", 'I,..,~ijrjj: " . ... ...::i- ,~~......~ ~~.. - . .- ~ ....--- -- - CITY of BOYNTON BEACH February 3, 1988 Mr. Ed Deutsch Quantum Associates Deutsch Ireland Property Suite 1106 Int'l Bldg. 2455 E. Sunrise Blvd. Ft. Lauderdale, FL 33304 RE ORDINANCE #88-3 Dear Sir We forward herewith a certified copy of Ordinance #88-3 that was adopted at the City Commission Meeting on February 2, 1988. If I can be of any further assistance, please do not hesi- tate to contact me. Very truly yours, CITY OF BOYNTON BEACH ~ BB:mas Attachment a/ltr CC Carmen Annunziato City Planner ) FE: ?U _ f. .. .. CITY of BOYNTON BEACH POBOX 310 211 S FEDERt'\L HIGHI-<AY BOYNTON BEACH FLORIDA 33435 Mr Robert Kessler, Chief Bureau of Land 2571 Executive Center Circle E Tallahassee, FL 32304 RE ORDINANCE #88-3 Dear Sir: ~ -f ,- , ---~....J --==~ .-c--::r,~~.;-,~ ....1- '~'"'-- -----=c_ i ~~l i ~ . """1 f;;;;'-;;"-~~;~-:;;'-;,f--:!~~, ~~,~I=-'-~"-, , ,: ~'( ,,?f~ ~t ; I ~ . . .. .~ ~ J : ~~ .~; ,. ~--=-~~~-:--~ , , ~"1:~t,,~ - ~~~ -- -__ ~- -::~~~~-~ ~-~ _4- __~~,- ~r .- ~ ~ - February 3, 1988 We forward herewith a certified copy of Ordinance #88-3 that was adopted at the City Commission Meeting on February 2, 1988 If I can be of any further assistance, please do not hesi- tate to contact me BB mas Attachment a/ltr CC Carmen Annunziato City Planner Very truly yours, CITY OF BOYNTON BEACH Betty S. Boroni City Clerk r "....I f-, Jo8 ... JEPr! ~ 1 .-'. .-- --- treQ/ure co~t regional planniQg council December 8, 1987 Mr Carmen Annunziato, Planning Director City of Boynton Beach 211 South Federal Highway Boynton Beach, FL 33425-0310 SUbject Quantum Park Development of Regional Impact Review of Proposed Change Dear Mr Annunziato I n accordance with the requi rements of Secti on 380 06 (19), 1;:1 ori da Statutes, Council staff has revi ewed the proposed change to the Quantum Park Development of Regional Impact (DRI) submitted to Council by the developer The proposed change revi ses the master si te development pl an by redistributing office, commercial, industrial, Sand Pine preserve, and surface water management land uses There has been a reduction in overall development area of 0 6 acres Commercial land use remains unchanged, while industrial land uses have decreased by 0 2 acres, and office land use has decreased by 0 4 acres Because only 14 acres of scrub habitat occurred withi n the ori gi na 1 40-acre Sand Pine preserve, the developer was required to preserve an additional 26 acres of scrub habitat el sewhere on the property To accompl i sh thi s the developer proposes to 1) move water management and office uses into non-scrub habitats of the original preserve and maintain the existing 14 acres of scrub habi tat, 2) estab 1 ish a 14 3-acre scrub preserve west of High Ridge Road and, 3) establish 12 acres of homogeneous scrub landscape corridors by micrositing development on certain parcels It is staff's understanding that the location of microsited scrub areas, along with conditional language to assure establishment and management of required scrub acreage on the property, will be contained in the rev'TSed scrub habitat management plan Because Council as well as the City of Boynton Beach, Florida Game and Fresh Water Fish Commission, and Florida Department of Natural Resources must approve the revised plan, this approach is acceptable 3228 s.w. martin downs blvd, suite 205 p,o, box 1529 palm city, f10rida 33490 phone (305) 286-3313 R,~ 17C~--""'V ....~ ",~, ~~- ~ ....t:.-.-J DEe 9 1987 PL;i. karen t. marcus -' D :. ;::",m minix chairman ______ vice chairman thomas 9, kenny, III -----cro1liefom. cory secretary/treasurer executive director " Mr Carmen Annunziato, Planning Director City of Boynton Beach December 8, 1987 Page Two The proposed change does not meet or exceed any of the criteria in Sections 380 06(19}(a), (b), or (c), Florida Statutes Based upon these substantial deviation guidelines and staff's review of the impacts of the proposed change, the change wi 11 not requi re addi ti ona 1 revi ew by thi s agency, and Council will not participate in the local public hearing for the proposed change If you have questions, please call aniel M Cary Executive Director DMC/MB 1 g cc Edward Deutsch Jon Moyl e Marina Gonzalez-Pennington George Zimmerman Peter Cheney Karen T Marcus ',- -- I r...: - treOlure co~t regional planniQg council December 3, 1987 Mr Sam Shannon Assistant County Administrator Palm Beach County POBox 1989 West Palm Beach, FL 33402-1989 Subject Quantum Park Development of Regional Impact Dear Sam In response to your request for informati on on the status of the Quantum Park Development of Regional Impact (DRI) scrub issue, the following summary is provided below and additional background information is provided in attached Council staff memorandums To resolve the scrub issue the developer has proposed to 1) reduce the original 40-acre preserve area to 25 7 acres to incl ude 14 acres of scrub habi tat and 11 7 acres of open grassl and (scrub acreage is located within "Area 5" as referenced in the Iverson and Austin September 14, 1987 letter), 2) preserve an additional 14 3 acres of scrub habitat along High Ridge Road as shown on the attached map (this acreage is located within "Area 4" as shown in the Iverson and Austin September 14, 1987 letter), and 3) set aside an additional 12 acres of scrub habitat through micrositing Council and Ci ty of Boynton Beach staff have verbally agreed that the proposed approach is consistent with the Development Order (DO) and adequate to resolve the scrub issue on this property Implementing this approach requires significant revision to the master site plan As such, the developer has recently submi tted a proposed change to the DO whi ch provides language and an amended master site plan incorporating the necessary revisions A 11 condi ti ons to assure estab 1 i shment and management of mi crosited and preserved scrub areas wi 11 be contained in the rev i sed preserve management pl an The revi sed management pl an is expected to be submi tted for revi ew sometime this month Agencies approving the plan include the City of Boynton Beach, Treasure Coast Regional Planning Council, Florida... Game and Fresh Water Fish Conwnission, and the Florida O'epartment a..fl Natural Resources ~, ~ -& ~ - 31 3228 s.w. martin downs blvd. suite 205 p.o. box 1529 palm city, lIorida 33490 phone (305) 286-3313 karen t. marcusp .._, , jim minix chairman vice_c;hairman -----~ thomas 9. ken".".-ftt'~~..~~ -~- daniel m. cary secretary/treasurer executive director Mr Sam Shannon Palm Beach County December 3, 1987 Page Two The developer has requested that he be given relief from preserving scrub in microsited areas as scrub creation efforts in the original preserve are demonstrated to be successful The developer is proposing language to be included in the revised preserve management plan to provide for this option If there are questions please call Daniel M Cary Executive Director DMC/MB 1 g Attachments cc Carmen Annunziato Fred Cichocki George Zimmerman po; - ~. ....... ., " (~ '" . r -' """'" '" . ... >:t' ~ ~ .... c.. r.. '\ .... ("" . ~" , ' ~ -~--- -------~ " ('" 1'- M t M 0 RAN DUM To Quantum Park DRI File FrOril ,~i cnae 1 Busna Date June 11, 19tj7 Subj ec t Monitoring Site Visit - June 4, 1987 ACCOrilpanieu by Grace Iverson and Frea CichocKi of Palm 3eacn Counti's ,-Jilaerness Islanas COalition, I inspected tne aesisnatea scrUD preserve drea and a previousl) scarifiea scrUD area occup)ing tile soutnwest corner of Nortnwest 22na Street and High ~idge Road Prior to my arrival, Iverson and CiCllOCKi inspected the scrub area occupying tne nortneast corner of Northwest 22no Street ana Hign Ridge Road Findings Northeast Corner 2U obligate scrub plant specles including tne ttlreatened Curtis Mil kweed Numerous scrub lizards Active gopner tortoise burrows Southwest Corner 14 obligate scrub plant species inclu.aing tn... threa.tenea Curtis Mil kweed Numerous scrUD lizaras Thi s area was camp 1 e te 1 y C 1 earea or unaers tory and grouna cover ap prox 1 - matel} 3 5 years ago Stressed canopy sand pines were also noted at tnat time Regeneration of this area is ongoing and vigorous Designateo ScruD Preserve Area 3u obligate scrub plant species (Richardson, April 1987) ~umerous active gopher tortoise burrows and scrUD liza GS .... The sand pi ne scrub nabitat wi thi n the fenced preserve appeared as good or better in terms of species diversity as tne other areas visited It does not appear, basea upon revi ew of soi 1 survey maps and vi sua 1 i nspect~ tilat the area of scrub habitat preserved totals 33 acres as previously representea by the developer and his consultant In my rough estimation, tne total scrub area is probably in the neighborhood of 15 to 20 acres The remaining area is made up of disturbed pasture and pine flatwoods and areas where scrub creation experiments have been in progress since December /January It is sti 11 too early to determi ne tne success of the scrub creation experiment Upon inspection, however, I would have to ques ti on porti ons of Ri chardson I s Apr; 1 15, 1987 moni tor; ng report Average percent cover estimates may be overstated and I did not observe " severa 1 tnousand sand pi ne seedl i ngs tnroughou t the scrub preserve in areas ena t have been ennanced by topsoi 1 from the harves t sites II I may not have, nowever, visited every enhancement site As a result of tnese findings, I would strongly recommend as an initial step that the sand pine scrub area within the aesignated preserve be measured immediatel; to determine its actual approximate size MB pk ,.. / M E M 0 RAN DUM To Quantum Park DR! File Via Chris Beditz, DR! Coordinator From Michael Busha ~ Date July 16, 1987 Subject Quantum Park Sand Pine Scrub As a resu 1 t of staff fi ndi ng si gnifi cantly 1 ess than the 33 acres of Sand Pine Scrub habitat previously reported by the developer to occur within the Quantum Park preserve area, a meeting to discuss the finding was held July 9, 1987 Present at tne meeting were the developer and his consultants on the matter, and Chris Beditz and myself The following facts were agreed upon 1) 14 acres of Sand Pine Scrub habitat occur within the existing 40 acre preserve area, 2) 4 acres of experimental scrub creation plots occur within the existing 40 acre preserve area, 3) 26 acres of representative scrub habitat would need to be found on-site and set aside in reasonably sized and arranged parcels to maintain its character, 4) additional scrub habitat should capture lands containing the threatened Curtiss Milkweed or other such species subsequently found, 5) it will take at least another year before it can be determined whether scrub creatlon plots will show a reasonable likelihood of success, 6) the concept of undertaking experiments as creait towards discouraged, additional scrub habitat creation the additional acreage was strongly 7) the developer's concept of recalculating total scrub acreage to determine suspected overestimation in the original ADA was taken under advisement and the developer was instructed to proceed without accounting for this possibility, 8) additional animals newly identified within previously trapped areas should be scheduled for on-site relocation immediately prior to clearing these areas, 9) it was strongly advised that the developer contact the City of Boynton Beacll immeaiately and work through them on any proposals to correct the si tuati on, lU) it was expressed by Council staff that it is likely to stay involved as a consultant on the matter to the City of Boynton Beach and that any proposals should be transmitted to Council as well, and 11 ) the developer expressed a si ncere wi 11 i ngness to qu i ck ly and satisfactorily solve the problem and would try and have a proposal together in two weeks One day following the meeting I contacted Carmen Annunziato, City Planner for Boynton Beach, and brought the matter to his attention He had not yet been contacted by the developer MB 19 M E M 0 RAN 0 U M To Quantum Park DRI File From Michael Busha @ Via Chris Beditz, DRI Coordinator Date November 10, 1987 SUbject Quantum Park DRI Site Visit On November 9, 1987 I met on-site with City staff and the developer and his consultant to inspect a 14-acre piece of property which the developer proposed to set aside as credit towards meeti ng a porti on of hi s sand pi ne scrub preservation requirement (see attached map) At the conclusion of the inspection, it was agreed that this 14-acre parcel was acceptable for preservation I had expressed some concern over three small fragmented areas in the parcel which had been disturbed in the past by dumping and clearing activities These area which contain few obligate scrub species and are dominated by grasses, totaled approximately 1-1 5 acres and occur along western edges of the proposed preserve It was felt that active management of these areas would allow the scrub to recover from past disturbances After being questioned about where the final 12 acres of scrub would be preserved, the developer explained that the remaining acreage would be set aside in homogeneous landscape areas established from parcel to parcel mainly along High Ridge Road Location of these landscape areas along with new management gu ide 1 i nes for preserve areas wi 11 be es tab 1 i shed in the updated preserve m~nagement pl an to be approved by the City of Boynton Beach and Treasure Coast Regional Planning Council, Florida Game and Fresh Water Fish Commission, and Florida Department of Natural Resources The developer requested that he be allowed relief from preserving acreage in landscape areas as it is demonstrated that scrub creation efforts in the northern preserve is successful It was my opinion that the initial efforts to create scrub habitat had fai 1 ed and that further efforts may be futile However, I explained that if the developer wanted to continue with his efforts to create scrub as a way to get relief from maintaining the 1 andscape areas, the cri teri a by whi ch success is determi ned wi 11 have to be clearly spelled out in one of the conditions contained in the updated preserve management plan MB/LCB 1 9 .~ <<.UANTU 1\1 , PARK ~ November 12, 1987 VIA FEDERAL EXPRESS Mr Peter Cheney, City Manager City of Boynton Beach 211 South Federal Highway Boynton Beach, Florida 33435 Re R,eques ted Deve lopment Order Amendment s Q~antum Park at Boynton Beach Dear Mr Cheney As par-t of our submittal requesting approval of the Amended Haster Site Develooment Plan, Amendment #3 dated November 12, 1987, Quantum Associates hereby requests an amendment to the Development Order, City Ordinance #84-61, passed December 18, 1984, and Amendment #1, City Ordinance 86-11, passed June 3, 1986, and Amendment #2, City Ordinance #86-37, passed October 21, 1986, as fa I lows Section #3 The City Commission finds that the amendment appl ication procedure and the subsequent proceedings have been duly conducted pursuant to the provisions of Florida Statutes, Chapter 380 2 Under Section #4, Subsection 1 follows Paragraph (E) shall be added as (E) Quantum Park at Boynton Beach, Amended Master Site Development Plan submitted November 12, 1987 3 References throughout the Development Order shall be revised to conform to the Amended Master Site Development Plan #3 as approved Such revisions shal I be made in the interest of consistency and clarity 2455 EAST SUf\,RISE BOULEVARD . SUITE 1106 . FORT LAUDERDALE FLORIDA 33304 BROWARD (305)5645114 . PALM BEACH (305) 7343555 Mr Peter Cheney, Continued November 12 1987 Page 2 For your use in reviewing this request, attached hereto is a copy of the proposed Amended Master Site Development Plan Fifteen (15) copies of the plan have been submitted to Carmen Annunziato for processing through the appropriate City reviews Also included for your review are letters of transmittal to the Department of Community Affairs in Tallahassee and the Treasure Coast Regional Planning Council Very truly yours, QUANTUM ASSOCIATES [ . ! I ,-'c_ ) ,< -\..-. '--.- C , -r ~ GEORGE W ZIMMERMAN Vice President of Development -~ ~L JJLOL( l11'-.(:(/1......--- GWZ aern CC MI~ Thomas K Ireland MI- Edward B Deutsch H,- Melvin Simon MI' Carmen Annunziato Jon C Hoyle, Esq David S Pressly, Esq LAW OFFICES MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P A. KAREN LEVIN ALEXANDER THOMAS M BEASON PETER L. 8 RETON ROBERT BRODY E. COLE: FITZGERALD m ,JOHN F FLANIGAN ANDREW FULTON ill ..JAMES PATRICK GARRITY MYRA GENDEL TIMOTHY P HOBAN MARTIN V KATZ WILLIAM B. KING RONALD K. KOLlNS LISA MILLER LAYMAN STEVEN A. MAYANS JON C MOYLE DAVID S. PRESSLY MARK E. RAYMOND THOMAS A. SHEEHAN III DONNA H STINSON MARTA M SUAREZ MURIAS VIRGINIA L. VANCE NANCY KAREN VORPE 9T~ FLOOR, BARNETT CENTRE 625 NORTH FLAGLER DRIVE POST OFFICE BOX 3888 WEST PALM BEACH FLORIDA 33402 TELEPHONE (305) 659 7500 TELEC~EI~{tl5). 6A9_'ZS.9 .i \.. J.-4 \_~ -) TALLAHASSEE OFFICE SUITE 100 THE PERKINS HOUSE 118 NORTH GADSDEN STREET TALLAHASSEE, FLORIDA 32301 TELEPHONE (904) 68' 3626 ,)P. N 7 1988 CITY A.ITOR~'iiEY January 7, 1988 Raymond Rea, Esa. City of Boynton Beach 211 South Federal Highway Pineland Plaza Boynton Beach, FL 33435 HAND DELIVERY Re Quantum Park - Proposed Ordinance Amending Development Order Dear Ray Enclosed for your review and approval Ordinance amending the Development Order Boynton Beach please find a for Quantum proposed Park at When reviewing date under Section 1 the enclosed instrument, please fill in regarding the notice of public hearing. the In order to expedite this matter, instrument to my client at this time for I am sending the enclosed review and approval If you have any questions, please call Sincerely, ])tWt f~ David S Pressly DSP /d 1 Enclosure cc Steven W George W. 2836Z Deutsch, Esq. Zimmerman 010788-7 0151D ORDINANCE NO 88- ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, DETERMINING THAT CHANGES TO THE COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO 84-51, AND AMENDED IN ORDINANCE NO 86-11, AND FURTHER AMENDED IN ORDINANCE NO 86-37, DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380, FLORIDA STATUTES, 1986, DETERMINING THAT NO FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AND AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS 84-51, 86-11, and 86-37) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES WHEREAS, Riteco Development Corporation, a Florida corporation ("Ri teco") fi led wi th the Ci ty of Boynton Beach (the "Ci ty") an Application for Development Approval of Comprehensive Development of Regional Impact (the "ADA") on May 21, 1984, regarding that certain property (the "Property") described in Exhibit "A," attached hereto and made a part hereof, and WHEREAS, the ADA was approved and the Development Order for the Property was granted December 18, 1984 pursuant to Ordinance No 84-51 (the "Development Order"), and WHEREAS, Riteco subsequently conveyed its right, title and interest in and to the Property to Boynton Park of Commerce, Inc , a Florida corporation ("Boynton Park"), and, Boynton Park, ln turn, subsequently conveyed its right, title, and interest in and to the Property to Quantum Associates, a Florida general partnership (the "Developer"), and WHEREAS, Developer filed with the City respective applications to amend the Development Order, which applications were approved by the City in Ordinance No 86-11, and in Ordinance No 86-37, and WHEREAS, the term "Development Order" includes all amendments thereto, and WHEREAS, Developer has filed with the City another application to amend the Development Order, and WHEREAS, the City Commission of Boynton Beach, as the governing body having jurisdiction, is authorized and empowered to consider applications for amendments to development orders approving developments of regional impact pursuant to Chapter 380, Florida Statutes (1986), and WHEREAS, upon publication and furnishing of due notice, public hearings on these proceedipgs _ were held December 8, 1987, before ~~~ the Planning and ZonIng Board, and January 5, 1988 before the City Commission of Boynton Beach, and WHEREAS, the said City Commission has considered the testimony, reports and other documentary evidence submitted .,...,.... ---.1- 7~ said ~public hearin~ by Developer, the Boynton Beach staff, Boynton Beach Planning and Zoning Board, and the public, and at the WHEREAS, said City Commission has considered all of the foregoing NOW, THEREFORE, BE IT ORDAINED by the City Commission of Boynton Beach, that said City Commission makes the following findings of fact Sect ion 1 A notice of public hearing in the proceedings was duly published on ~ /:J.. 2/ , 1987, in The Post, a newspaper of general circulation in Boynton Beach, Florida, pursuant to Chapter 380, Florida Statutes, and proof of said publication has been duly filed in these proceedings ~_~t LQJJ,_4 Developer has requested that the Development Order be amended as follows A That the Amended Master Site Development Plan ("Amended Master Site Development Plan"), attached hereto as Exhibit "B" and made a part hereof, submitted by Applicant in its application for Amendment to the Development Order replace and supercede the Master Site Development Plan currently approved in the Development Order B That Section 4(1) be amended by adding the following subparagraph (e) (e) Quantum Park At Boynton Beach Amended Master Site Development submitted November 12, 1987 ADA Plan 01510 -2- C That references throughout the Development Order be revised to conform to the Amended Master Site Development Plan Section 3 Upon consideration of all matters described in Section 380, Florida Statutes (1986), it is hereby determined that A The amendments proposed by Developer do not unreasonably interfere with the achievement of the objectives of an adopted state land development plan applicable to the area B The amendments proposed by Developer are consistent wi th the local comprehensive plan and local land development regulations C The amendments proposed by Developer are consistent wi th the recommendations of the Treasure Coast Regional Planning Council on file in these proceedings D The amendments proposed by Developer do not consti tute a substantial deviation under Chapter 380, Florida Statutes (1986) E The amendments proposed by Developer do not require further development of regional impact review Section 4 The Ci ty Commission has concluded as a matter of law that these proceedings have been duly conducted pursuant to the provisions of Chapter 380, Florida Statutes (1986), that Developer is entitled to the relief prayed and applied for, and the Development Order is hereby amended incorporating the amendments proposed by Developer as set forth in Section 2 above, and incorporating that certain Memorandum from Kevin Hallahan to Carmen Annunziato under date of December 2, 1987 (attached hereto as Exhibit "C" and made a part hereof) Section 5 Except as otherwise amended herein, the Development Order shall remain in full force and effect Section 6_ A copy of this Ordinance shall be transmitted by first class U S Mail, certified return receipt requested, to the Bureau of Land and Water Management, the Depa rtment of Communi ty Affairs, Quantum Associates (the owner/developer), and the Treasure Coast Regional Planning Council OlSlD -3- Section 7 This Ordinance sha 11 become effect i ve immedi ate ly upon passage FIRST READING this ____ day of , 1988 SECOND READING and FINAL PASSAGE this ____ day of 1988 CITY OF BOYNTON BEACH, FLORIDA MAYOR VICE-MAYOR COMMISSION MEMBER COMMISSION MEMBER COMMISSION MEMBER ATTEST CITY CLERK EXHIBITS "A" - Legal Description "B" - Amended Master Site Development Plan "C" - Memorandum from Kevin Hallahan 0151D -4- .. (~UANTUM PARK November 12, 1987 VIA FEDERAL EXPRESS Ms Christine Beditz, DRI Coordinator Treasure Coast Regional Planning Council 3228 S W Martin Downs Blvd Suite 205 Palm City, Florida 34990 Re Master Site Development Plan Amendment #3 Quantum Corporate Park (FKA Boynton Beach Park of Commerce) Dear Ms Beditz Quantum Associates hereby submits for review by the Treasure Coast Regional Planning Council, six (6) copies of the Master Plan Amendment #3, dated November' 12, 1987 The Amendment involves redistribution of land uses within the Park and does not involve any increase in development over what has been previously approved Overall development has been reduced by 6/10 of an acre We do not believe the Amended Plan constitutes a Substantial Deviation from the approved Amended Master Site Plan, under Chapter 380 of the Florida Statutes We request the concurrence of the Treasure Coast Regional Planning Council Very truly yours, QUANTUM ASSOCIATES { ( I" ) 2 ( t 11_.' ) ~ \.._L~ <..--j<-'l.. ({ rV ...._ ( (l ) ~t. GEORGE W ZIMMERMAN Vice President of Development GWZ ae;n Enclosures 6 CC Mr Thomas K Ireland Mr Edward B Deutsch Mr Melvin Simon Mr Carmen Annunziato Mr Peter Cheney Jon C Moyle, Esq David 5 Pressly, Esq 2455 EAST SUNRISE BOULEVARD . SUITE 1106 . FORT LAUDERDALE FLORIDA 33304 BROWARD (3051 5645114 . PALM BEACH (305j 7343555 ({UANTU 1V1 PA Rk. November 12, 1987 VIA FEDERAL EXPRESS Mr Thomas Beck, Bureau Chief of State Planning State of Florida Department of Corrrnunity Affairs 2740 Centervlew Drive Tallahassee, Florida 32399 Re Master Site Development Plan Amendment #3 Quantum Corporate Park (FKA Boynton Beach Park of COl1l1lerce) Dear Mr Beck Quantum Associates hereby submits for review by the Department of Community Affairs, six (6) copies of the Master Plan Amendment #3, dated November 12, 1987 The Amendment involves redistribution of land uses within the Park and does not Involve any increase in development over what has been previously approved Overall development has been reduced by 6/10 of an acre We do not bel ieve the Amended Plan constitutes a Substantial Deviation from the a~proved Amended Master Site Plan, under Chapter 380 of the Florida Statutes We request the concurrence of the Department of Community Affairs Very truly yours, QUANTUM ASSOCIATES .__<~~ (...... J ,:/-c It' :=. L H l 0 \...c L H' (\... .......~ GEORGE W ZIMMERMAN Vice President of Development GWZ aern Enclosures 6 CC Mr Thomas K Ireland Mr Edward B Deutsch Mr Melvin Simon Mr Carmen Annunziato Mr Peter Cheney Jon C Hoyle, Esq David S Pressly, Esq 2455 EAST SUNRISE BOULEVARD . SUITE 1105 . FORT LAUOERDALE FLORIDA 33304 BROWARD (305) 564..5114 . P/iLM BEACH (305) 7343555 ----.._-~ ; ~; f Oct 1 11~c\7 I r . \ \ AI))\G"-~-- I ~ ./'-~ r; ,- -- 'J~ I , I .J.._ ..), ~ "''''' Dear Mr. Cary , - Jo.. -~: .iL.L I ...i._ FL, , '-' __I Enclosed is a record of several scrub jays sighted on the :j.lantum Park acreage. The observation was made by Carl Terwilliger - a ~ember of the Coalition for Wilderness Islands . Hopefully this information will be helpful in verifying the ecological importance of this site. We appreciate your efforts in making sure that at loast uO acres of the best scrub is pre~erved qy the developers. Because endangered ecosy~tems are involved we would like to see the developer set aside the acr~a;e in the northeast corner of the site ( N. of N.W. 22nd Ave. & W. of 1-95 ) for future acquisition for preservation. Most cordi ally , Daniel E. Boyar /J~c.<-f ~E 8,.,.I.....~ ,I' Carl Ter~illiger Note: We strongly oppose any " scrub recreation " efforts in exchange for the real thin!?; ! Daniel E. Boyar 712 S.V. 3rd Ave. Boynton Be ach , Fl. 33426 ( 737-3958) , ( d tr-I _ TC! t/' k!/ / t-:! e7 {r- 7 '-I t!) -- J ~0j ~ /~(,~ -- Ld-~ _w#t-/~/ j--{ J }jf-6 3 ---16 f-:- 1-1..- >-P J ..s c r ~d" P ./.f..... .{ c? /" / e ~j;.,//" S I } 0 /' I-1/\.. 1 J tU._ C' ~t/' t\. e P'" 7.5"c v~JC. II /90/""') ; c> -- - 5' t ff-/ t>I i~I-/~ I ()I..J ':>Q~.s ---- -----..-. ------ ! 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