CORRESPONDENCE
treQlure
co~t
regional
planniQg
council
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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
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sincerely,
~~
Teresa Cantrell
Regional Planner
TC lb
Enclosure
cc. James Stansbury
Carmen Annunziato
RECEIVED
JUN 7 1989
PLANNI(~G DEPT.
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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
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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
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>...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
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GOPHER TORTOISE
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Micrositing Areas
EXHIBIT A
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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~~ /
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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~.
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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
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Micrositing Areal
EXHIBIT J
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CITY of
BOYNTON BEACH
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POBOX 310
211 s. FEDER1\L HIGHI~Y
BOYNTON BEACH FLORIDA 33435
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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
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a/ltr
CC
Carmen Annunziato
City Planner
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CITY of
BOYNTON BEACH
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POBOX 310
211 S FEDERlJ. HlQi\-ll\Y
BOYNTON BEACH FLORIDA 33435
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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
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CC
Carmen Annunziato
City Planner
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211 S FEDERAL HIGHI'lAY
BOYNTON BEACH FLORIDA 33435
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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
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BB:mas
Attachment
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CC Carmen Annunziato
City Planner
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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:
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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
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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
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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
',- --
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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
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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
----.._-~
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Oct 1 11~c\7
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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)
,
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