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REVIEW COMMENTS ~-21-'92 I"O.J 10 23 ID HAZ IiffiTE ~ICES TEL~'() 407-687-"103 FA><Llt-E t:684 Pel1 403.721 (6H.!) ENVJR.ONMENTAL CONTROL 2192 PART lV' RESOURCB RECOVERY AND MANAGEMENT l(i) Conditions on a permit which reauire cleanuo of re1ea.llell nf },~",..nnn. waste and hazardous constituents regardless of when the waste was p1ac Post-It'" brand fax transmittal memo 76?1 H.P..... ~ .... 'fGIB 'c\. (j) Groundwater mOnitoring. UIU ~\\ c;.J. \,t-...l ~r 01'\. ~.JI action requirements tor lmd d1l Co~ ~\.c) "- ~ PC co. s u. r\- after July 26, 1982, pt. "."d(o -Hoc (i:) The prohibition of me land Fad ~~...~+~ Fad l&>Sl-IlO'$ waste base<! on the requ!rementB ~ (j) of the Hazardous and'Solid Wute AmcnOPlcnts Of l:ilS4, Pub. L. No. ~8-616. (7) The deparanen1 Bhall adopt roles gcvem!ng the production, burning, marketing. sale. and distn'bution of bar.ardoua waste fuel. The department may provide lor exemptions to such rulCl so lon& u 1bc exemptiona arc no less stringent than those provided by !cderallaw or rcguauon. History - S. 8, ch. 80-302, s. 22, c:h. 83-310j s. 33. ch. 86-186; a. 66, elL 90-331 1 N Ole. - The directory: language in .. 66, ell. 90- 331, purports to amend · (p J aragraph (1) ot subsection (8) Of ItC"Jon <403.721 .; however. the tez1 of the amendment refers to paragraph (i) of subJection (6) There is no L 403.721 (8) 403.7215 Tax on IfOSs reccipt3 of commercial bazardo\lll waste facilities. ( 1) The owner or opemtor of each privately owned. pen:nitted, commercial hazardous waste transfer, atorage, treatmmt, or dispou1 facility Ihall, on or before January 2S of each year, file with the drlef fiacal officer of the primll?' bost local government a certifi&d, notorized ltatsnmt. The statement 5ha1l mdIcate the gross receipts from all charges imposed during the preceding calendar year for the storage, trea1ment. or cliBpo5al of hazardous waste at the faciliiy (2) A 3-pera:nt 1u is hereby levied on the anJ1\a1 ~. ~pt. of a privately owned. permitted, commercW hazardous 'WaIte trmsfer, lt0r2ge. trea.t- ment, or diS~Ba1 facility, which t:D: iI payable annUllly on or before July 1 by the OWDer of the facility to the prinwy host local government. (3) All moneys received by the appropriate toea! iovemml!Dt purm.ant to lIubllectiol1 (2) shall be: appropriated and used to pay for <8> The costs of collecting the taz, (b) Any local inspection costs incurred by the local govemment to enmre that the facility is o~ted pursuant to the proviaiO!1l of thia part and any rule adopted pursuant therdo, f', Copyright 1992 REOmes, inc., TalWwsa!. Florida 66 ~Cl r~L-- YlalUJ- n~d !...e) ~ cvi-Ci LA..,A. ~ ~ t.___..J ~ \-... -- -- -"- ....... ._ _...., 6J' a.:.. ...............,,~ ........'V.l'-'L..-.I I ~ I'O...J "tOU r -.::lO (- .I..I.~ r- HAl..! Nt;. ~ J-'\:JG ENVIRONMENTAL CONTROL 1192 403.721S(3}(c) PART lV' RESOURCE RECOVERY AND MANAGEMENT (c) Addtt10naI 8ecw1Iy ~ta iDc:urrcd .., . reeuJt of opentina the facility. Including monitoring. fire: protection, and poli~ proldOD; (d) Hazardous waste contingency p1.mn.in& implemmtatiOD; ~ (e) Road construction or repair costs for public roW adjacent to and I . Withtn 1,000 feel or the facihtyi (f) Any oilier coat incurred by the loc:a1 govemmea1 u a mutt of 1he operation of the facility. if all other costs epecified in pangnphl (a) through (e) of thiJ section have been paid, and (g) Ally other purposes relating to eDviro"lnmtal pro~OD within the jwisdiC1ioI1 of the local govmu:neot. includin.g. but Ilot limited to. the ~tabIUhmc:nt of a 'Ystem for the collection and diJ~ of household, agricultural and other types of haz1rdoUJ wute. the protection or irilprovCD1cot of the quality of the ~ Clt water, or the acqw.sition of cnvironmmtally sensitive lands. provided all other eosts tpedfied in this section have b=1 paid. (4) The ~ary host local government is rt'IpOllSl'ble for regu1a1iDg. control- ling, admio18tcring. and enforcing the proviiions of this ~on. History - 8. 17, ch. 83-310, ., 24, elL 88-130: .. 33. ch. 88-393 s. 1, ch. 89-285,8. 36. ch. 91-30S. Note.- Former B. 203.10. 403.722 Permits, haz2rdous waste d.ispos.al. Ito~ and trea1ment fadlities. ( 1) Each person who intends to construct. modify, operate. or close a hazardous ~te disposal. storage. or treatment facility shall obtain a construction, o~ration, or closure ~t from the department prior to constructing. modifying. operating. or clos~ the facility By iule. the department may provide for the ist:U.anc:e of a lingle permit instead of any two or more h22ard0us waste facility permit&. (2) Any owner or operator of a ha2ardous waste facility in operation on 1he effective date of the d~ent rule listinr. and identifying hi7ardous wastes shall fUe an application for a 1emporary operation permit within 6 months after the effective date of such rule. 'Ibc department. upon receipt. of a properly completed application. shall identify any department roles Wbich are being violated by in! facility and slWl establish a compIiance schedule. However. if the department de1ermines that an imminent hazard exists. the dep:artment m2y take any n~sary action punuant to 8. 403.726 to abate the hazard. The department shall issue a temporary operation permit to web facility within the ~ r.onstraints or II. 120.60(2) upon aubmiBsion of II properly completed application which iB in conformance with this subsection. Temporary operation ~ts for such facilities shall be issued for up to 3 years only Upon temunation of the temporary operation permit and upon proper application by the facility owner or operator, the department shalf issue an Copyright 1992 REGfLJes, inc.. Tallahassee. Florida 67 SECURITY GATES AND EMERGENCY ACCESS, The Fire Department continues to have the opinion that security gates are detrimental to Fire and Rescue operations The minimum performance for security gates is as follows 1- Gates shall be openable by telephone with a call from central Dispatch Center 2- when the gate is opened by the call from central Dispatch, it shall remain open until the emergency is over, at which time central Dispatch will be told, by officer in charge, to close the gate 3- In case of a power failure the gate shall open automatically 4- Appropriate "Hold Harmlessll agreement re damage to gates equipment, etc DEVELOPMERT DEPARTMERT ERGIREERIRG DIVISIOR MEMORARDUM II. COWSERT AGElmA C.2 cc: Plan. Dev TO Honorable Mayor & City Commission L1rf~m Hukill, P E , Director of Development October 10, 1995 FROM DATE RE ACCEPTANCE OF REPLAT FOR LAWRERCE LAKES PUD PROJECT HISTORY Lawrence Lakes PUD is located on the east side of Lawrence Road immediately south of Citrus Cove Elementary School This project, when completed, will contain 34 single family units on the 13 343 acre site resulting in a density of 2 55 units per acre Plat documents prepared and submitted by FRS & Associates, Inc for the Developer have been reviewed by this writer City Attorney James Cherof has indicated approval of dedication sheets DBVBLOPMBlft DEPARTMElft COMMBlftS The Development Department recommends approval of the replat of Lawrence Lakes PUD as the Developer has substantially complied with the provisions set forth in City Land Development Regulations, Chapter 5, Platting Surety in the amount of $8,000 for required infrastructure improvements and $18,833.41 for landscaping and irrigation was previously posted by the Developer and is being held by the Finance Director The Finance Director and City Attorney previously reviewed and approved the surety All fees have been received, as have approval from requisite governmental agencies RBCOMMBRDED CITY COMMISSIO. ACTIO. We recommend that the City Commission execute the attached resolution authorizing approval of the submitted replat for Lawrence Lakes; authorize the Honorable Mayor, City Engineer and City Clerk to execute the plat document; and authorize recording of the documents into Public Records of Palm Beach County Florida. Upon recording of the Commission approved plat, the Director of Development will issue a Land Development Order authorizing construction. (~hOUld you require any additional information and/or assistance, , please contact the writer at ext 6281 I WVH/ck attachments: Replat of Lawrence Lakes PUD Resolution approving Replat of Lawrence Lakes PUD ,C:LAWLAKES.AON ~ .~/ ~ ~ 1J)rrv AJ)I~ l e , t{ /11""'- In ~I" { ~J \ ~ " ,L>>'" N)itfY IV I JP r' ~V)y )J-l/'u If ~r .1: Jur 7 i , RESOLUTION NO R95- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING ACCEPTANCE OF THE REPLAT FOR RECREATION TRACT "B" OF LAWRENCE LAKES P U D, WHICH IS ATTACHED HERETO AS EXHIBIT "A", AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, does hereby accept the Replat for Recreation Tract "B" of Lawrence Lakes P U D , which is attached hereto as Exhibit "A" NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTOR BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, does hereby approve the Replat for Recreation Tract "B" of Lawrence Lakes a P U D which is attached hereto as Exhibit "A" Section 2. This Resolution shall take effect immediately upon passage PASSED ARD ADOPTED this day of , 1995 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern commissioner Commissioner ATTEST City Clerk (Corporate Seal) Repla' Trac' n" IAWRENC"E lAKES 1l1/17/\1~ III. COBSDT AGEllDA e.l cc: Plan. Dev DEVELOPMENT DEPAR~ BNGINEERING DIVISION MEMORAHDt TO Honorable Mayor & City Commission bL~ Hukill, P E , Director of Development October 10, 1995 FROM DATE RE ACCEPTAHCE OF REPLAT FOR PLAT NO 10 OF QUAHTUM PARK FOR PJM AT QUAHTUM PARK PROJECT HISTORY The replat of Plat No 10 of Quantum Park for PJM at Quantum Park (Packaging Concepts) is located within the Quantum Park PID on Beta Drive Plat documents prepared and submitted by Lidberg Land Surveying, Inc for the Developer have been reviewed by this writer City Attorney James Cherof has indicated approval of dedication sheets and maintenance statements and further indicated that the plat dedication sheet mirrors the agreement between the City and Developer (POA) and/or the POA documents DBVELOPMBlft DBPARTMBlft COMMENTS The Development Department recommends approval of the replat of Plat No 10 of Quantum Park for PJM at Quantum Park as the Developer has substantially complied with the provisions set forth in City Land Development Regulations, Chapter 5, Platting All fees have been received, as have approval from requisite governmental agencies RBCOMMERDBD CITY COMMISSIOR ACTION We recommend that the City Commission ~xecute the attached resolution authorizing approval of the submitted replat for Plat No 10 of Quantum Park for PJM at Quantum Park; authorize the Honorable Mayor, City Engineer and City Clerk to execute the plat document; and authorize recording of the documents into Public Records of Palm Beach County Florida Upon recording of the Commission approved plat, the Director of Development will issue a Land Development Order Should you require any additional information and/or assistance, please contact the writer at ext 6281 WVH/ck attachments Replat of Plat No 10 of Quantum Park for PJM at Quantum Park Resolution approving Replat of Plat No 10 of Quantum Park for PJM at Quantum Park C:PACKCONC,AON r '~ ' /.f C;vJY. ( .,{,If' )/6" , V/~ Vi -f,/ 7 ~t-A ) ~ful (1 . 'j~ RESOLUTION NO R95- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING ACCEPTANCE OF THE REPLAT FOR PLAT NO 10 OF QUANTUM PARK FOR PJM AT QUANTUM PARK WHICH IS ATTACHED HERETO AS EXHIBIT "A", AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, does hereby accept the Replat of Plat No 10 of Quantum Park for PJM at Quantum Park, which is attached hereto as Exhibit "A" NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, does hereby approve the Replat of Plat No 10 of Quantum Park for PJM at Quantum Park which is attached hereto as Exhibit nAil Section 2. This Resolution shall take effect immediately upon passage PASSED AND ADOPTED this day of , 1995 CITY OF BOYNTON BEACH, FLORIDA Mayor vice Mayor Mayor Pro Tern commissioner commissioner ATTEST City Clerk (Corporate Seal) Replalor Pial No. III QI/ANTI/M "ARK 1II/17/1I'i PLANNING AND ZONING DEPARTMENT MEMORANDUM NO 95-181 TO Carrie Parker Ci ty Manager /1 Tambri J Heyden ~~ OJ L~ ~ Planning and Zoning Directol~ ~ FROM DATE April 27, 1995 SUBJECT Land use data for Quantum Park conceptual build-out plan presentation May 2nd to city Commission As requested, the following information has been compiled relative to the above-referenced matter 1. The current approved uses in Quantum Park PIO (Exhibit A is the current approved master plan for Quantum Park Although the future land use designation for Quantum Park is industrial, the property within the PIO is broken down into land uses ranging from office to industrial The master plan illustrates the land use designation of each parcel \-1i thin the PID E}.,hibit a is the current, Quantum Park list of approved uses for each of the various land use designations The list has evolved over the past n1n,= years through the use approval process In lieu of a specific set of PIO permitted uses established in the zoning code, the intent of the use approval process is the creation of a specific list of permitted uses appropriate for and exclusive to a certain PIO This process recognizes differences ill PID zoned properties and creates a simple procedure to allow uses in a particular PID that fill a niche in the demand fUl industrial property that is current with industrial technology and innovations ) 2 A break-down of the current approved uses by acres and percentage of total property within the PID and the acreages by use that are occupied, vacant and recently approved, but not yet under construction such as the high school and Tri- Rail parking lot expansion (Exhibit ~ is a tabular compilation of uses by acreage and percentage of total and acreages of vacant and occupied uses Exhibit Q is the Quantum Park master plan illustrating the occupied and approved, but not built, parcels ) 3 The land use supply (available and vacant acreages) from the Fu,ture Land Use Element of the 1989 Comprehensive Plan updated to reflect the land use amendments and major construction by land use that have occurred over the past seven years (Exhibi t li is a tabular compilation of the current total acreages of residential, commercial and industrial designated property within the city, and the acreages by land use that are developed and undeveloped These updated acreages are estimations as they do not account for each small scale construction project that has occurred within the city over the past seven years ) 4 In addition to the data requested, below are general statements concerning the current condition of the supply and demand for retail and industrial land use within the city These statements presume no change in the assumptions that were used in the 1989 Comprehensive Plan Future Land Use supply and demand analysis as this specialized analysis has not been performed since 1989 These statements should be considered in connection with the data in Exhibit I - current supply by land use, in order to lend sensibility to what otherwise might appear to be large amounts of undeveloped acre totals Page 2 Memorandum No 181 April 27, 1995 a) The closer the city is to build-out, decisions regarding changes to land use become more important to the city's ability to meet future demands for certain land uses This recognizes that though the absorption rate for the supply of some land uses may be slower, a variety of land uses is necessary for the economic health and wealth of a community with the goal of creating a community that is a good place to live, as well as work, having a range of housing and job choices b) Development since the 1989 Comprehensive Plan has been predominantly retail shopping centers totaling over 608,000 square feet on an approximate total of 65 acres and are located along the most traveled roadways in the City c) As neighboring cities in the county reach build-out, the city will become even more attractive than it currently is to the various, franchise retail businesses Therefore, it is logical to speculate that the City will eventually have a least one addi tional major hotel, a major appliance/electronics superstore, a major sporting goods retailer, possibly a competitor of Home Depot, retail businesses utilizing unique variations to the outlet mall concept, as well as rounding out of the available restaurants d) If conversions to commercial land uses takes place, it is recommended that corresponding decreases in vacant commercial land use in the city be approved to displace the "lost" land use acreage e) In evaluating conversions of industrial land use to retail, location within or adjacency to existing commercial nodes, as well as location on arterial roads, should be considered It should be kept in mind that there are more limiting factors in locating industrial land use than commercial land use, such as a lesser degree of compatibility with other land use types and safety and nuisance mitigation benefits of locating in close proximity to a major arterial, such as Interstate 95, due to associated trucking operations f) Adjusted comprehensive plan figures project a surplus of land for office use of 8 5 acres and a surplus nf land for retail of over 221 acres at build-out The greatest surplus of commercial land at build-out will remain in the area of retail g) The updated comprehensive plan data and analysis continue to indicate that the greatest deficiency in land use will involve properties of sufficient size to accommodate large manufacturing facilities Therefore, careful consideration should be given to conversions which involve large industrial parcels or clusters of industrial parcels that could be assembled for single user industrial development h) The adjusted comprehensive plan supply data that the projected surplus of industrial land out is 20 acres with a deficit of 28 acres manufacturing industrial land use indicates at built- for high i) The city is the primary source of industrial land for the Greater Boynton Beach area and future annexations will yield very few opportunities to increase the supply of industrial land TJH dim AttaL-hments Bi Qu III tu:u :Dce-/TH ,~ =::ulOO e.~ l!IO ' I c d ...-..-- f lll~ -- .- - .... - .-. ,.. . . . '''AsrER PLAN AMENDMENT NO 5 lCrOBER 211, 1994 1(- l< II I '" It II t .Ih.... t II ,. .. " ., ""'... .! ~ - , i J I .... 'I , "\" 1,. . t.... ., \ rl1-"" ""\iI~" t l' ;, I', d , II. \ il" "' it I rJ ~1 ~ . OFFICE . COMMERCIAL .. CLUB/COMMERCIAL RESEARCH & DEVELOPMENT 1m GOVERNMENTAL/INSTITUTIONAL M OFFICE-GOVERNM.lINSnTUT ~ RES.& DEVELP -GOVERNM./INSTITUT ~ INDUSTRIAL ~: SAND PINE PRESERVE ....:.c WETLAND . . . ':.:~:~: OFFICE/HOTEL ~ OFFICE-RES.& DEVELOP ~.'.5 ~------~----- -------~-~--~----~ \ PLANNING AND ZONING DEPARTMENT MEM~RANDUM EXHIBIT B TO: Don Jaeger, Building Official FROM: Tambri J. Heyden, Senior Planner DATE: October 16, 1992 RE: Quantum Park of Commerce PID - Permitted Uses (Update of Previous Memoranda dated January 12, 1989, and June 22, 1990 and correction of error on memorandum dated August 5, 1992) The following uses have been approved to date by th~ Planning and Development Board at the Quantum Park of Commerce P:.anned Industrial Development: A. CLUB Professional and Business Offices Nursery Schools and Day Care Centers1 B. COMMERCIAL Professional and Business Offices Nursery Schools and Day Care Centers1 C. OFFICE Professional and Business Offices Nursery Schools and Day Care Centers1 D. INDUSTRIAL Solvent Distribution Facility2 Warehouse, Distribution, Wholesale Electronics Manufacturing Research and Development Laboratories FP&L Substation (utility facilities) E. RESEARCH AND DEVELOPMENT INDUSTRIAL Motor Vehicle Emissions Testing Facilitien F. OTHER Fraternal Order of Police Clubhouse Tri-County Railroad Station 1 Requires Conditional Use Approval (See section 11.2 of Appendix A, Zoning 2 Requires Environmental Review (See Section 11.3 of Appendix A, Zoning In addition to the uses listed above which specifically require an environmental review permit, any use which uses, handles, stores, or displays hazardous materials, or which generates hazardous wastes, as defined by 40 Code of Federal Regulations, Part 261, shall also require an anvironmental review permit in accordance with Section 11.3 of Appendix A, Zoning. .4J'~ en !J . rrJH/im ~ ~ ~ i ~ t- .,. .,. ~~ i ~ ~i ~~ ~t .~ fl\~ ~ S .,. ~ C1' ~~ ~~. ,~ .. ~ i tt t.a"- ~ ~~~ , ~c-\~ ~~ I~ ~ :,~ i S ; ~...Id ~d ~ .. 0. 0 \C) g ~ .tc6 0<<6. ~ .... o . .,. C'oI .... ~ ~ ~ ~ ~'~ ~ ~ ~ ~ ~ ~~1,~~ ('l o,CD. c>>, t- .- g ~';; i ~ ~ - - , ~ (/) :::> ~ 3 a 4:( 0.. ~ ::> 'i ;c( 6 ~~~~ <etC'l-C'l C'l~~tO ~ l , ~\l\l~ cntll_O cnt"'iC'lcO C'l-.r- 1i ~ \I) -6 c - "e Ci G) a i ~ o.o:a Gl ~ ' 1i) en ~ _c::. - ~:;:I e o SCD 0- Ci (:) olS it! CD '6 06 oa Ci .sa 0& c g. a ~ "g 'iD 0:: (!) 'c ':::d' S en ~ c::. Q. 4ft E -S'li\"_",,"".I!\"''' ~~\\~il~g~~~l~l =1.1/00 ~ tt.' . EX~'~'T : I II [Jlr 1 -1Uti ~ J ~ .! t'~ r (7{!" '>:1 7' m' 0(1" ~(J t1 o " _. - - ) ..-. -.. .-..... - - I (-.. __r l< II MASTER PlAN AMENDMENT NO 5 OCTOBER 28. 1994 M,.t\STER SITE DEVELOPMENT PLAN , . OCCUPIED: ~ RESEARCH & DEVELOPMENT FM OFFICE-RESEARCH & DEVEL. OFFICE ~ INDUSTRIAL APPROVED (NOT BUilT): lIB RESEARCH & DEV - GOVERNM./lNSTIT GOVERNMENTAL/INSTITUTIONAL liB RESEARCH & DEVELOPMENT ~ OFFICE-GOVERNM /INSTITUT -t. -I fUeJ'Fanrung/Howey U ~[j1:J Assoaates, me. Architects Engineers ConsUltants Lie. #FAA COO1552 ; \. ..... ~ \ \ \ , ~/t1-/t1- , I Sign-In Sheet Name ~ Affiliation/Department C/??/l?#'dI ;f)<< lJ0': MAU~)II..Jc q4 , ~vSn,~ Telephone Number rD/~ .37St/~3 69 ,- ,-~b6D 1:,97- 3"~o ::;;1(5 rzA '-I' 't ~~'~fo/t+ouJlel'/ , "S>TP-Jt. trJel S$ ;<71'/"5$/ f IiIl-J,.ItJAsl ~tfE/2/.;4'NPeA-Ofr &SV ~~)/~/ .s;.vt lu:..,~ Mt:.It:...v~.s.1 I, " ~;:~~ ?Rt~;;;~MSJ CL-ydl:l SKJr'r.4~ t.l7/~/ry ~-r. J'r>LOtr' A 1=;n'-'_I;"\ EN..6f2. ~ ,.r l'0/jqWI 0l1lb/tllfc/;l/f hI![ ~ f)c,,?;" ~\"~f :p. J'-4J-.?711 <%fCg-97// If 1/ .:J 7:; -~ ~ {/ 0 ~7.6 " h Z~~ 37S... 6.l/tJZ ,. 37 S";:: t~ ':2\-=_ I ~' I f ..?1S'b'S S S 1400CencreparkBoulevard "'IIIIl Suite 700 "'IIIIl West Palm Beach, Rorida 33401 "'IIIIl (407)6973660 MEMORANDUM NO 94-126 TO Mayor & City Commission FROM J Scott Miller, City Manager DATE April 4, 1994 SUBJECT NEW HIGH SCHOOL AT QUANTUM PARK Per Commissioner Katz's request, attached please find two memos - one written by Vincent Finizio and one written by William Cavanaugh, While these memos are attached for your information, they do not represent the respective department's position, which is reflected in the memos written by Jim White, City Engineer and Floyd Jordon, Fire Chief, these memos are in your agenda packet under this item. If further information is needed please advise AiJtt -.. CI');!/c- PlANNING AND ZONING DEPT. JSM jb c Chief Jordon, Fire Dept. Carrie Parker, Assistant City Manager Tambri Heyden, Acting Planning & Zoning Director highsch.mem ENGINEERING DEPARTMENT MEMORANDUM NO 94-086 AGENDA ITEM TO J Scott Miller City Manager James D White, P F:{J ~ I Ci ty Engineer U 7f/,A/ March 11, 1994 FROM: DATE RE: High School at Quantum Corporate Park School Board's Variance Submission dated March 10, 1994 Shutts & Bowen, Attorneys-at-Law Appendix "C", Article X, Section 10D, "Dead End Streets" (page 2139) Technical Review Committee Recommendations Park Ridge Blvd Dead End Length of 5280' PROJECT HISTORY Attached for your review and consideration, please find a conceptual site plan for the proposed High School at Quantum Corporate Park. The conceptual site plan depicts the construction of a parking lot with associated parking lot traffic aisles for student and faculty parking The School Board desires to close a portion of Park Ridge Blvd (total length 6,919' - 100' wide rights-of-way - four lane roadway), to accommodate the proposed parking lot aisles and fire lanes INFORMATION REGARDING CITY CODE OF ORDINANCES - VARIANCE(S) City Code of Ordinances, specifically Appendix "C", Subdivision and Platting, Articl~ X, Section 10, entitled "Streets", Subsection 10D, "Dead End Streets" in part states "Dead end streets shall be prohibited except when designed as a cul-de-sac Such streets shall not exceed One Thousand Three Hundred and Twenty (1,320) feet in length "" (see attached code) Attorney James Willard, via his March 10, 1994 application for variance, requests relief from the aforementioned code section (see attached variance application letter) Administration of variances to the City's Subdivision and Platting Regulations are performed pursuant to Article XVI, Section lA,B,C & D (see attached code sections) Section lA requires that the applicant demonstrates four (4) provisions set forth in Section lA, 1 thru 4 Engineering Dept Memo No 94-086jAgenda Item High School at Quantum Corporate Park Variance March 11, 1994 Page #2 The, applicant's variance submission was received by the City Englneer and transmitted to the City's Technical Review Board for departmental responses, including transmission of a report (this agenda item) to the City Commission (see page 2157 of the City's code) which includes a "vote" tabulation (by Department) as to whether or not the applicant has demonstrated the aformentioned code provisions During a public hearing, the City Commission, pursuant to Section IB, page 2157, shall make certain findings on the applicant's variance submission DEPARTMENTAL RESPONSES TO VARIANCE SUBMISSION Attached for your review and consideration, please find the following departJTlental staff comments offered herein as backup information 1 Planning & Zoning Memo, page #3, dated March 3, 1994, specifically item #5 2 Planning & Zoning Memo, dated March 3, 1994, page #4, paragraph #3, paragraph #4, paragraph #7 3 Planning & Zoning Memo, dated March 4, 1994, paragraph #1, paragraph #2, paragraph #3 and recommendation 4 City Engineer's Memo #94-062, dated February 23, 1994 5 Police Dept Memorandum No 94-034, dated February 25, 1994 6 Fire Dept Memorandum No 94-42, dated February 28, 1994 7 Utility Dept Memo No 94-055, dated February 23, 1994, specifically item #1 8 Utility Dept Memorandum No 94-068, dated March 4, 1994 ENGINEER & TECHNICAL REVIEW COMMITTEE RECOMMENDATION The Technical Review Committee has determined that the applicant's variance application letter does not demonstrate the provisions as setforth within Section lA, #1 thru t4 (see attached code) The Technical Review Committee considered the applicant's position regarding security, but rejected that as a reason to request roadway closure, based on the applicant's own admission (during the TRC meeting) that security guards would not be provided, solely a custodian Engineering Dept Memo High School at Quantum March 11, 1994 Page #3 No 94-086/Agenda Item Corporate Park Variance It is important to note that the Technical Review Conunitte is comprised of eight (8) members who as a whole, are responsible to consider various factors in review such as vehicular safety, pedestrian safety, fire safety, code compliance, traffic circulation and comprehensive plan compliance etc Although fire access is an important factor to be considered (as agreed to by a Fire Department representative with the School Board during a recent P&D Board meeting), this unilatteral opinion/decision and subsequent agreement for the School to provide fire access should be a "given" and should not override nor negate the other meritorious factors raised by the other seven TRC members (see Departmental memos) The Technical Review Committe recommends denial of the variance request to close Park Ridge Boulevard REOUESTED CITY COMMISSION ACTION The City Conunission is herein requested to make findings in this matter consistent with procedures set forth in Article XVI, Section IB, #1 thru #3 ard Section IC, inclusive, for deviations from the One Thousand Three Hundred and Twenty (1,320) feet maximum length of a "dead end street" The Conunission should address their attention to Planning & Zoning Memo No 94-069 which sununarizes the Technical Review Conunittee's position in this matter The variance application fee has been received and forwarded to Mr Grady Swann, Finance Director Should you require any additional information, please contact this office at ext 6280 'l:~A-i~ Vincent A Finizio JDW VAF/ck C HISCHOOL VAR attachments cc City Clerk - Public Records Note Park Ridge Boulevard, if closed, would result in a "Dead-End" street appr0ximately 5,280 feet in length. , ,.J '-- I ---- v .-L-1-./. 7 ~ , r""--~ _____ TO CHIEF JORDAN Fire Chief ~ WILL lAM CAVANAUGH . /ll;(, Ii G. -1t.<'A_O.---..-A;/ '---------- Flre Preventlon OfflC~~ ~~ J FROM DATE February 25, 1994 RE Master Plan Modification - Quantum Park School Site First and foremost, the closure of Park Ridge Road in the southwest corner of the park has a major impact Perhaps the greatest disruption occurs to public safety response times We find an extension of over two miles and over four minutes additional response is required to service the south end of the park (Note These figures were derived in "Non-Rush" hour traffic) <, - At the present there are three high value properties, where response time is critical, in this area Future development would be severely restricted should the road close other development < has been proposed, at one time or another for the south half of the park This development has not reflected the industrial theme originally proposed, but is commercial in nature These proposed projects generated a great deal more traffic and one project, in the extreme, would basically cut off the southeastern corner of the park This department is concerned with traffic volume and its negative effect of obstruction to response and its impact on required rescue in case of an accident Accidents have increased, and in fact a rescue vehicle was damaged since the interchange at 1-95 has opened In my opinion a cautious approach to traffic in the Gateway Boulevard corridor is mandatory These facts and the changing nature of the area require extreme prudence in allowing any change in the loop road system anywhere in the park, on either side of Gateway Boulevard The proposed school, while necessary and laudable, presents many problems of its own Generally public schools are under the sole jurisdiction of the Department of Education, State of Florida Once the request for fire protection is honored and site approval is given, there is little input accepted from local authority As presented this facility will be approximately 325,000 square feet under roof, on approximately 50 acres It will ultimately serve around 2,500 students It will have parking for around 900 automobiles and staging area for the required school buses The buildings include a 1,000 seat auditorium and 2,000 seat gymnasium An ITV tower of 120' tall is proposed The buildings are two story with a peaked roof Ladder truck operation will be required The site also has a football field and track, several baseball and other playing fields proposed This is not a small project and is similar to phase one of Publix Distribution Center and the Motorola property In speaking with school representatives, we have found that traffic will be impacted twice a day, when school starts and when school lets out Instead of different starting and ending times in order to stack traffic, a singular burst of traffic is to be expected student traffic is to exit at Park Ridge and Gateway, bus traffic is to exit a High Ridge and Gateway This traffic will impact Gateway Boulevard during school hours It is mandatory that all these factors be considered in the light of future development I feel that a road closure is unconscionable, and should be strictly avoided TO BE CONTINUED .' -"~ . :t. n-f. I:)s 1.--< I { J / c../-,<, I :t._i..- -:.-\_ ~ PLANNING AND ZONING DEPARTMENT MEMORANDUM TECHNIC~L REVIEW COMMITTEE FR01-.1 - Robert Eichorst, PUb~lC Works Dlrector ..., /I' - Al Ne'i)::old, Deputy BUlldlng Of:::iGial Iv..,/" C1 0 ~";1111am Cavanaugh, Fil-e Preve:1tlon Officer 1-: c"'; ~ Sgt MiKe Klrrman, Police Department /~/ ~I John Wildner, Parys Superlntendent 3_ ;:.;' /V C I - FeV111 Hallahan, ForesterjEnvironmentallst, ~C ~ Clyde "SklP" Hilor, Utllitles Chief Field Insp Vince Flnlzio, Deput} City Eng1neer :3-/:> ,.- Tambri J HeYden'1?U ...-- Act1ng Planning and Zonlng Dlrector J-C1 f.;ot" TO --I ":f .., .::> ~ I f)q ~.--:"t ,5 A 'i tf;) 1.,;L !1!, Cf/ DATE March 25, 1994 3 L_~ : - f -- ..:-- Sf.. 0 Q RE Quantum Park Master Plan Modit1catlon for High School Estimate of Cost for Staff ReVlew Time - File No 813 T~ere is no set applicatlon tee for master plan modifications for DPI' such as Quantum Park ThlS lS due to the large var1ation 1n staff time necessary to review such requests and the State law requlrement )": advertising WhlCh is no~ requlred of other master plan moditlcatlcns His~orically, fees tor processing thlS type of request have been bll~~2 Thererore, please provlde, in writing to thls offlce bY_Tuesday Lf1i3.~._ ___--23-.1- 199~ an estimate of the total cost of your revievv ct the -=t!)ov.=. request for Quantum Park In calculating this tigure, please reree~b2: to include 355 for COEt of employee beneilts, 1 e determll1e numbe~ JL hours 3pen t rev1ewing pr:>] ect/preparlng' correspondence, mul tlpl J tlU8 :) your hourly wage and then f1nally mult~ply t~ls figure by 35t tor t = total CGst tc reVlew You need not itemlze the amount at tlme 3pert however, please ~eep a record o~ your calculat10ns untll April 19, la~~ in the event the cost 18 d~sputed by the appllcant Aprll 19, 19Q4 i~ the last approval date for the project and the last day avalLabLe !-r th9 appllcant to reml~ payment of the appllcatio~ fee, with Jut ce~d:'_rd approval J~.~ Tambl:!. J He12. . Acting PIannlng and ZonLng Dlrector TJH/:n Technical ReVIew Commlttee - Quantum Park Page 2 cc HEMO ONLY J Scott MIller, CIty Manager CitJ Commlsslon (5) Don Jaeger, BUlldlng OffIcIal Floyd Jordan, FIre Chiet Charles FrederIcK, RecreatIon & Parks DIrector ~r.omas Dettman, Pollce C~let John GUIdry, Utllitles DIrector Pete Mazzella, ASslstant to Utllitles DIrector Steve Campbell, Fire Department Bob GIbson Public Works James D WhIte, City Engineer Ann Ford, Downtown Development Coordinator Central FIle Appllcant TambrI Heyden, Acting Planning & Zoning DIrector MIke Haag, Zoning and Site Development AdminIstrator ~Ike Rumpf, SenlJr Planner Project File ChronologIcal FI~e p.. ::2Ui\NTTRC JM rc.1 ; ,6 d l L '" /- ~ ./ i.{ ~t /, I" ( i.' /t.Jtc '- ~ / , f ,> If l . / -I" D / 1'77 -c 5" -I- .L /J --(/7\ '. _ Z J,~.. . /~ , /_- , I ~ '........ ,. -. <--4, { rt.... ( I ' ,.,,~ r..l. -- 'J "iiof _ ',- :LrXli:'.'..( ~' v;t:. "". '/ :'_, -:2' _ I'/~-"" '" t./f'.. ----'.-?~ rl ;..J. 1)(' -iv...-te.._ ... I y+ ..r :) ~ i.{I r u>(tf,A, "'-J - /' J ~ r'" """ C -.J .-c I J- I / III"" r" / / c,' (.j .1-7't I);. ~ .- / CJ //:2, Ar;, &/, " J..--tc --, - .:::ih i 402 .- -/ If .... <:? . d "':''7-' ~" r, _. b?/, P ,; -+. :; ---.--------.,-. 5'fr2---h ~~.,-=~--..- q--l~ ()1 / '.rREASlJRB COAST RBGIODL PLUDtIHG COUHCIL DB'.rING WID: DXB 01' PROJBC'1': QUANTIM PARK IDPe MEETING DA'.rE 01' DBTIBG: 'lID: FEBRUARY 15, 1994 10 00 A.M DKE YOUR ASSOCIATIOB , ADDRESS PHONE f 1 ""S1tt1 WIt.tA-l<.P 2. ___ ~J MA~iFt i r-:~L-,--Mec. 3. A- r r orVlJ t 'f r 0 rL () ( v r t.. ~ f L ,.z SI! e( rr 5 + 13>0 h) E /11 (f) /l. '- I'r,v f> 0 ,V11:) c.,1<. .... t- kc t.fo 7 "/ 2. '3 - :3 2.. go 4 81 CA.c-k- TC.RP~ ( -1 Ci '\ 1'1~-C(,78 J../tJ'7 ~;) l-'"tObO ('to ~ I 6.8 '1- 't'.....; '-- .:J~!>- 77/-160/ 3tJ S" - 9'1(;, -Ib/~ UJ\N w.cL-';) 0~~o- P-4 <...Al YO C +<- H- c. '-' '--..-<.... TY "tMPPk 5 M J uJtjcIV!/LlJ /-u v T 1~~SiWus, {J;J-; i C:rfY C/ A"y N/ZJlLi 8e-A-C' fo W/ I ~a{Sl!~ M t"'~ A- f- of rG::t- A \,(~,tl;- C4r1 u..se a. 1(1 - ~d use. iC4-k.b rop::...1- W\'tz.-h. . So tL,,~ I:J'-e +0 P"I "'" ~ f., eo T r a.(t<,-c e""J' n-ee':1t6 i 3- 2 'f, 9 'f T~. ~ crJ;t~ s~ ~ I::Iu- ~ r~ ~~PM.k- [)e4~ ~ a.J- (/6 3~2 t) P-L"v>- M ~ ~ 1 ~ N? 'M1 /<J ~th<.j I!/.n- Tv,.) F~ J~M JLe.C-1l a. ~ ~ u-/ ~~~~ ~ ~Jtdi. rn ~ ru 0 W ~rn MAR 2 4 1994 , , I i NING AND DEPT. to ~ ~ ~tt ~ ~ \fl Q) 0 t flit In ttt~ ~~~ ~ ~ Q) . ~ e: o Q) ~ c- ,,.\ ~~ ~~~ tO~~ e: .,.\ ~ ~tO to ~ ~ to "\ ~~~tOlntOtO It) ,,.\ .~ to to tOtI:ltl:ltOQ)1n1n tO~ ii Q) 8 It)tOtOlne:~~ tOtO P- ,'"' ,,.\ e: Q) to ~ ~ to ~~i?;~~ In~ u u ts' ~ Q) tI:l ,,.\ e: ,,.\ Q) ,...J, tOO ~CD ,,.\ ,,.\ ~ ,,.\ ~ ~ In ~ p~ ,,.\ o~ 0'\ ~ Q) ~tI:l - ~ ~ . tI:l ..-I to tI)~ ~ ~ Q) 8 >"I ~ 0 - ~ tI:l~ ~ to In .-I~ Co C"1 tlIf. s:. ';l>o\to to tI:l ts'1n \flln ~ to In to ~to ~ Q) Q) . r-Q) In tOtOQ)In~'SIt) ~,~ () Q) ~'$ ~ ,,.\ ~ u Q) to ~ It) In .a 'S ,,.\ ~ c: '6~ ~ ,,.\ e: ~ ts' ~ i?;~~~~ ~o 0 tI:l Q) ~p .. In )- ,,.\ Cl ~ ~ tI) %. e: ~ s:. ~ ~ ,~ ~s:.ts' In ~ ,,.\ tCtue: u ~ ~ tI:l'''\ In i tl)Q)1n 8 \ CD 'Z \ ~~ ~ ~to)- u~'O r- 0'\ j( ,it. ~ ~~,...J, ~ ~ l r- 0'\ ~tI:l ~ C"1 ~ 5 r- l,fr ~ ~ -= s ~ ~ flit 0 :: co flit ~ -d' ~~ ct:J - flltfllf U'1 ~ , , ~ 00 -d' ..-I 1.\-\ " ~ ~~ ~ ~ 0 ,..... coCO \ \ ';;>-t r-r- 00 -= ~ fllffllt Q) .,.-\ ~ ~ t) s' .- e: ,,.\ Q) ~ :) tI) \ \ e:tI:l 0 of:&o u s:. ~ ~ . ._../._/-~ PUBLIC WORKS DEPARTMENT MEMORANDUM #94-094 TO Tambri J Heyden, Acting Planning & Zoning Director FROM Robert Eichorst, Public Works Director SUBJ Quantum Park Master Plan Modification for High School Estimate of Cost for Staff Review Time - File No 813 DATE March 29, 1994 The estimated cost for staff review time for the above project is $22 66 If you have any questions please let me know Eichorst Works Director REier ill BUILDING DEPARTMENT MEMORANDUM NO. 94-068 March 28, 1994 TO: Tambri Heyden Acting Planning Director FROM Al Newbold Deputy Building Official RE. QUANTUM PARK MASTER PLAN MODIFICATION FOR HIGH SCHOOL I estimate the Building Department's cost in reviewing and preparing correspondence for the above mentioned subject to be $60 05. ~ Al New old . AN. bh XC. Don Jaeger ill WtR 2 8 1991 c rn QUANTUM FIRE DEPARTMENT MEMORANDUM NO 94-64 March 29, 1994 THROUGH TO FROM SUBJECT QUANTUK PARK PLANS FOR HIGH SCHOOL ESTIMATED COST :FOR STAFF REVIEW TIME - FILE NO. 813 $1,569 73 is the estimated total cost of our time for the above request for Quantum Park In calculating this figure, the 35% cost of employee benefits is included as instructed in your memorandum dated March 25, 1994 .30II1II ~ c:- ~ WDC/lmb 94-64 HS onC13 cc City Manager's Office J Ness, Deputy Chief ,., ~ ~ l~ IJnT1~(il l' if' -r III ',I ! M E M 0 RAN DUM TO Ms Tambri Heyden Acting Planning & Zoning Director FROM Sgt M Kirrman DATE 29 March 94 REF Quantum Park Master Plan Modification - High School --------------------------------------- --------------------------------------- Ms Heyden, The estimated expense for the city was $101 41 Respectful~y~ ------//L,/'( - ,/ Sgt M Kirrman MK/dmj ~2989A D c\., ~ ~M'NG Apt ) .., ; .~;e ..." ..q SPEED LETTER@ TO FROM Tambri Heyden John Wildner Acting Planning & Zoning Director Parks Superintendent SUBJECT Quantum Park Mast:P.T Pl an Mndifit'Af"inn (Review Costs) -FOLD!'>.Q'l '10 MESSAGE 1 hour Parks Superintendent $26 32 As requested below, listed are estimated costs for staff review 35 Fringe Benefits $ 9 21 $35 53 - Total cost of review DATE 3/28/94 REPLY - fOLD FOR :-.;0_ 9 - FOLD FOil NO_ 10 DATE SIGNED WllsonJones ~ MADE IN U,S A 44-902 Tf1)Iicate e WitsonJones, 1989 RECIPIENT REHIN WHITE COpy, RETURN PINK COPY P.n '1"'~LJL~~~ ~ ~',.\\ , \. \ \ r. ~ _~~... ttL ~ .-" ._' -~-_._..) '"' ..,.\ ;<"q "I; ,;"r ~,,-___.--r'-- ~-- ".-' TO TAMBRl. HEYDEN Acting Plannlng & Zoning Director SPEED LETTER@ FROM Kevin Hallahan Forester/Environmentalist SUBJECT Quantum Park Master Plan Modification for High School - Cost Estimate -FQLO"'10. 9orlO MESSAGE The number of hours for this project total: 2.5 total cost ~76 61 fW44 DATE 3-25-94 _SIGNED--K~~ REPLY --fOlO~~.' -- fOlD FOR '<<>.10 _,___ DATE _ SIGNED .)... WIIaonJones ~ MADE IN U.S.A. 44-902 T~. C WiIIonJor-. 1989 RECIPIENT RE1AIN WHITE COPY, RETUR!'; Pi"K COPY ~- .- -----.---- ~~ (;\i \n ,! ~\, .~t_ f -"--~. ~~'l'- 0' ENGINEERING DEPARTMENT MEMORANDUM NO 94-098 TO Tambri J Heyden Acting Planning & Zoning Director FROM Vincent A Finizio Deputy City Engineer DATE March 29, 1994 RE Quantum Park Master Plan Modification for High School Estimate of Cost for Staff Review Time Planning File No 813 Pursuant to your request for information regarding the total cost of this office's review of the above referenced master plan modification, this office herein advises you that the total cost to date equals $303 75 which is representative of hours spent reviewing the project/preparation of correspondence, etc We herein provide the following breakdown upon which the aforementioned cost was based Site reconnaissance Infrastructure investigation & evaluation Plan review for code compliance Administrative Clerical 1 hour 1 hour 2 hours 3 hours 0 5 hours 7 5 hours Formula Hours expended 7 5 x hourly wage of $30 00 + 35% = $303 75 Should you require any additional information or assistance, please contact me at ext 6282 VAF/CK C QUANTUM CST xc James D White, P E , City Engineer ..,. "" i-~--- ..1....... ~ -J Hnl r~. "lJL.~.JJ,. m. : : . f Ii I ; ..:. q .. ~ ~ W4 i JL : ! L. _.__ .~.___...... i I Gr.t, :.~;,*, Jet .llh:...'~!!" ___. ",I ! -s~ 'j,; ., - I\t -n,. - I J 2 = ~ 'T- ~, ... ,. \ FROM -'"' J _.J _ 't r TO -. 1'ambri Heyden, Acting Planninq Director John A. GuJ.dry, Direc~r of O~ilitie8 SUBJECT'.~.;Jntum tar\;; Mlluster !Uan~ Modieioat.ion _ DATE; March 30. 1994 rOLD .. OUr total cost to date (lncl~d1ns benefits) for proceeeinq tha Quantum Par~ Master Plan Modific~tio~ for ~he gi~h School is $109.59. PLEAS~ ftEPL Y TO ... ... SIGNED REPLY DATE: SIGNED ~,,",. ~!9~ ",Q _ ~".., __. QT i15t~"".aQ.1. e:. wn~er Gro~ tn:. .t33~ ~~~;j..: . \ r TO Tambri Heyden, Acting Planning Director -, FROM John A Guidry, Director of Utilities SUBJECT' Quantum Par~ Master Plan Modification DATE. March 30, 199 FOLD. Our total cost to date (including benefits) for processing the Quantum Par~ Master Plan Modification for the High School is $109 59 PLEASE REPLY TO SIGNED . REPLY DATE. SIGNED Item # F269 Grayarc, P,O, Box 2944, Hartford, CT 06104-2944 c Wheeler Group, Inc, 1962 THIS COpy FOR PERSON ADDRESSED ill ENGINEERING DEPARTMENT MEMORANDUM NO 94-086R AGENDA ITEM TO J Scot_ Miller City Manager FROM James D White, P E City Engineer DATE March 18, 1994 RE High School at Quantum Corporate Park School Board's Variance Submission dated March 10, 1994 Shutts & Bowen, Attorneys-at-Law Appendix "C", Article X, Section 10D, "Dead End Streets" (page 2139) Technical Review Committee Recommendations Park Ridge Blvd Dead End Length of 5280' PROJECT HISTORY Attached for your conceptual site plan Corporate Park review and consideration, please for the proposed High School at find a Quantum The conceptual site plan depicts the construction of a parking lot with associated perking lot traffic aisles for student and faculty parking The School Board desires to close a portion of Park Ridge Blvd (total length 6,919' - 100' wide rights-of-way - four lane roadway), to accommodate the proposed parking lot aisles and fire lanes INFORMATION REGARDING CITY CODE OF ORDINANCES - VARIANCE(S) City Code of Ordinances, specifically Appendix "C", Subdivision and Platting, Article X, Section 10, entitled "Streets", Subsection 10D, "Dead End Streets" in part states "Dead end streets shall be prohibited except when designed as a cul-de-sac Such streets shall not exceed One Thousand Three Hundred and Twenty (1,320) feet in length "" (see attached code) Attorney James Willard, via his March 10, 1994 application for variance, requests relief from the aforementioned code section (see attached variance application letter) Administration of variances to the City's Subdivision and Platting Regulations are performed pursuant to Article XVI, Section lA, B, C & D (see attached code sections) Section lA requires that the applicant demonstrates four (4) provisions set forth in Section lA, 1 thru 4 Engineering Dept Memo No 94-086RjAgenda Item High School at Quantum Corporate Park Variance March 18, 1994 Page #2 The applicant's variance submission was received by the City Engineer and transmitted to the City's Technical Review Board for departmental responses, including transmission of a report (this agenda item) to the City Commission (see page 2157 of the City's code) which inclujes a "vote" tabulation (by Department) as to whether or not the applicant has demonstrated the aforementioned code provisions During a public hearing, the City Commission, pursuant to Section IB, page 2157, shall make certain findings on the applicant's variance submission DEPARTMENTAL RESPONSES TO VARIANCE SUBMISSION Attached for your review and consideration, please find the following departmental staff comments offered herein as backup information 1 Planning & Zoning Memo, page #3, dated March 3, 1994, specifically item #5 2 Planning & Zoning Memo, dated March 3, 1994, page #4, paragraph #3, paragraph #4, paragraph #7 3 Planning & Zoning Memo, dated March 4, 1994, paragraph #1, paragraph #2, paragraph #3 and recommendation 4 City Engineer's Memo #94-062, dated February 23, 1994 5 Police Dept Memorandum No 94-034, dated February 25, 1994 6 Fire Dept Memorandum No 94-42, dated February 28, 1994 7 Utility Dept Memo No specifically item #1 94-055, dated February 23, 1994, 8 Utility Dept Memorandum No 94-068, dated March 4, 1994 ENGINEER & TECHNICAL REVIEW COMMITTEE RECOMMENDATION The City Code of Ordinances requires that the applicant demonstrate four factors which are according to Article XVI, Sec lA, 1 thru 4 1 That special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands Engineering Dept Memo High School at Quantum March 18, 1994 Page #3 No 94-086R/Agenda Item Corporate Park Variance 2 That a literal interpretation of the provisions ordinance would deprive the applicant of rights enjoyed by other properties of this commonly 3 That the special conditions and circumstances do not result from the action of the applicant 4 That the granting of the variances requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands No pre-existing conditions or neighboring lands which are contrary to this ordinance shall be considered grounds for the issuance of a variance It can be shown that 1 This set of circumstances is applicable to this site and not others 2 That literal interpretation of the provision of the ordinance (not closing of the street) will deprive the school of full control of the site 3 That the circumstances did not result from the actions of the applicant 4 No special privilege to the applicant is being granted that is denied by ordinance to other lands The Technical Review Committee has expressed serious concerns that in it's quest for the security of having a controlled site the school is sacrificing the security of ready access by emergency services including fire, police, ambulance and other public services These are serious concerns and should be weighed against other factors as follows 1 The need for and public benefit to be derived from the proposed school 2 The absence of other sites which can both meet the needs of the school and the requirements of the code The Technical Review Committee believes that insufficient consideration has been given to alternate ways of maintaining security without closing the street The Technical Review Committee members have objected to the proposed closure as a less than desirable or optional situation in Engineering Dept Memo No 94-086RjAgenda Item High School at Quantum Corporate Park Variance March 18, 1994 Page #4 in which emergency response could be inadequate in some circumstances as a result of the proposed closure RECOMMENDED CITY COMMISSION ACTION The City Commission is herein requested to make findings in this matter consistent with procedures set forth in Article XVI, Section la, #1 thru #3 and Section lC, inclusive, for deviations from the One Thousand Three Hundred and Twenty (1,320) feet maximum length of a "dead end street II The Commission should consider the benefits to flow from the proposed school as compared to the risks of the closure and the potential difficulties and costs of providing public services in that event If this balance is believed to be favorable it is recommended that the proposed variance by approved subject to the results and recommendations of an independent study of the costs and benefits of alternate means of providing security at the school The cost of such study and analysis to be borne by the applicant The variance application fee has been received and forwarded to Mr Grady Swann, Finance Director Should you require any additional information, please contact this office at ext 6281 tvU- /1.., White, P E JDW jck C HISCHOOL VAR attachments PLANNING AND ZONING DEPARTMENT MEMORANDUM NO 94-069 FROM James D white Ci 1Y- Engi~neer ~ ,j"...--~ ~~~~. Acting Planning and zoning Director TO DATE March 15, 1994 SUBJECT Park Ridge Boulevard - proposed dead-end Subdivision Variance (for high school) As requested, pursuant to Engineering Department Memorandum No 94-084, this memorandum serves as the Planning and Zoning Department's response to the subdivision variance requested by Quantum Associates to close a portion of Park Ridge Boulevard within Quantum Park, thereby creating a dead-end street length in excess of the maximum 1,320 feet allowed It is this department's recommendation that the variance not be granted for the following reasons 1 Although the applicant has addressed, in his letter of request, each of the four elements that must be demonstrated when granting a variance, it is not believed that special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands The special condition cited by the applicant is the desire to construct a high school along Park Ridge Boulevard, which is a circumstance that has been created by the applicant, rather than a characteristic inherent to the land within the subdivision No exception to this particular access requirement - to the extent requested (the proposed dead-end length is approximately 5,200 feet) is known to ever have been grantee Therefore, a literal interpretation of the provisions of this ordinance would appear to not deprive the applicant of rights commonly enjoyed by other properties 2 It has not been demonstrated, either by alternatives to closing Park Ridge Boulevard or by providing an alternate right-of-way for permanent access, that the variance requested is the minimum variance necessary to make possible the reasonable use of the land 3 It is believed that granting of the variance would not be in harmony with the general purpose and intent of the subdivision and platting regulations and the comprehensive plan which promote extending roads and coordinating street layout with the surrounding street network to provide public convenience and safety In addition to serving as general thoroughfares, rights-of-way provide alternate routes during utility and road repairs and emergencies Appendix C of the Boynton Beach Code of Ordinances, Article X, section 1 and Section 10 and Boynton Beach Comprehensive Plan, Future Land Use Element, Policy 1 3 9 and 1 3 10 4 It is believed that granting of the variance affects more than the proposed high school property, and would have a negative impact on the surrounding territory and its developability, particularly for intensive land uses which might attract or employ large groups of people where public welfare is of major importance tjh xc central File A QPkSbVar TAMBRI HEYDEN - PLANNING & ZONING ~/ l " , -P-~~.I { ENGINEERING DEPARTMENT MEMORANDUM NO. 94-084 TO All Technical Review Committee Members (HAND DELIVERED) FROM: James D White, P~ ~A) City Engineer /fv~ RE: Variance Applicatio - Subdivision & Platting High School at Quantum Corporate Park Appendix ft~ft, Article X, Section 10.0 ftDead End St~eetsft (pg. 2139) Variance Criteria - Article XVI, Section I.A (pg. 2157) The Engineering Department is in receipt of the attached letter from Attorney James Willard, which constitutes a variance submiss- ion, seeking relief from the above referenced Code which does not allow for "Dead End" streets with a length greater that 1,320 feet The School Board desires to close the northwest portion of Park Ridge Boulevard resulting in the remainder of this street forming a Dead End with a length greater than that which is allowed. The City Manager qas determined that a formal TRC meeting is not required as the City desires to expedite the processing of the submitted variance request, therefore, in lieu of a meeting, this office requests a written response from each member as to whethl::!r or not the variance application letter satisfies the requisite elements set forth in Section lA, page 2157 of the City's Code of Ordinances (provisions #1 through #4) Please transmit a written response to my attention by no later than 5 00 pm., March 15, 1994 Thank you in advance of your cooperation in this regard. 00 MARIO. cme- PI .ANNING AND ZONING DEPT. 00 ~ Vincent A. Finizlo(J Deputy City Engine~ Check One ,/ The application satisfies the requirements of Sec.lA The application does not satisfy therequirements of Sec. lA attachment: Variance Application Letter cc: J. Scott Miller, City Manager Carrie A. Parker, Assistant City Manager SENT BV Shutts & Bowen SHUTTS &. BOWEN A."e1.,.2VS AN~ I;Q...Ioi.,Ia."C.. ....,. LA"" ~... DAM''' E:A:g..:. j '-4Cl..Uc.~ NO ;>>IIIIIorE&&r a N.a,L A540C1A1' I ad' 110 ..eIllT.. OSil....'"O~ AVII:N~ II SUIT.. ICOO e"~N:)O. JtLO~llJA ~I.OI H:L1;:""ONlloI\07 4a3 31!CQ n:u:CO"'CR ("'07) 41.-.~1. ~PlAt1" . a,.~a U!170.1.,..7) ehA'!";: D. .owes (l.'I...~.O't March 10, 1994 via FACSIMILE~407'375-60iO) and FEDERAL !ds 3-10-94 9 47 MII'r Il. 1tilOL.1U'l'C11 llATIlINA Q, IIAU" NItlO~ L. IIIlMAN _PM ~. _..TOil ~"~~HIII ~. IOfm 'IOWM...... .".WN, IP.A. AN~RE:W Ill. III1UMI\' "'\I"'~""'81,1_ """0""'" P CAIoUlH .....lrt.A N. C.......o ..OH" S. CHI;WNIN" II..... ~N L CltU:;tNOW JOi/AoTH.UI eo" IN KSVIN Do. C;QWAN ICAlltll K. CltRTUi, ,..... WIS ... Dlt U*,. JI,A. Dr_ ~ ~IHII lIATIot.a:N OII.lfiC:.. JCAN-CItAllUIi D1BBS ..INg"o "II. D; LUlAJI ~~~ ~:~U'AWlm "'A. Unb.. .... 1"1;'1'1111 RQeEllT (I. I'IlAl:<IoIIO, JIl, 1I0UM A. P'IlI'I'CIlI II~ I'Kll!l-.[ll WlWAN J, 1JAU.1IIEl', m !JT~I"lI L ~(I.LM.IC. P.,,", .caEWI' lal" COL3:tll.MI A"OIlCW ~, QCRIX7It .rcw...c.. .i- tiel.. JODI N, OMSt 110_" I, .1,111... JO..... JOHN K. HAll~;'. JR James D. White, City Enqineer City of Boynton Seach laC East Boynton Beach Boulevard Boynton Beach, Florid. 33425 Shutts &. Bowen'" Boynton 6ch fax.# 2 &DMU~O T, IUN.., m be.. .~ wo.. M.1tr lluTH H~U~ON YO"",NaJ.. ~tt .JACMeoN WIi,l,IAM N. J.ACOU "'~_Nt ". jUeTIC!. III NAIl\fIN A. 1I1lll.\lllI, ",J>, ....."" T JIlQiolN1IIl1 Jlrrm II, i.AtlI~~ III1;lIAItll N. ....LIE. ".11, N_IIE Ill, LONG OOH A. .'I'NII, ..... ..u D. ~0If ANTONIO .....RTINEZ, JR_ ....... WI.wAN G. lIecuu.ouOt~ JOB~"H P IIc!JOIILrY' JOHN ~. III'.AOHIII .IlTH!,i1l J, NINO~ ItCIIIIT t>. 1111.1.'" .....N I, N I6HAEL C. ",CHARD 1tl011J411 -II'C)'''' J. .. UII"HY J1141~LI" ~, NElIfC~". itA. LOU IS hoaTtlO JAW!S N. O'eONNJ:LL UIA 0, O'HIIL&. ......IiItILD E. IM.'.'eoJP'. ..1111. lI'n:ltl4ll1 ~ JlIMOt;C, P.A. ._"",rt .............. IAU.Y .., "'to:ItA8mON IdM. RIGO IlA__R!:T". 1l0LANDO. ~.... IlAUL~, .......... IICIIJIIoWlII H. 1M1Dlt)N .-. ....... 1lOI&Ir A. l5AVlLL. .... ~II:G G. IINI~H W1l.l.I... f SMITH. !',.... 1108.,.,. C.l5Q"""'"Vl....I. ..., -ITI"MI'" S. l':'AIJ,ING6 AARE.. l.. e'~so" K'1IIA1l1 E 1l..T!lAtes, F.... XI. 'I" '" ... &lJ..REZ ANllllEW P Trr.::El.i ltO_ERr E. VI:NN[~ M. YHElln YCH.C !llleltlTON N. VIlli P~OIl:~. P.A, I.UlIAIlA. I. V1CSVlto:... ".A. 1IO'1IlT A. """'WOER. M.C. J, lOCNALD ...."8IL DAN I EL .J. we; OMAtlH II~.EIIT WlXiolll .IClHN I, WIlITa. p,,,, .IAMn ;. WIUAR~ ICllrr G. WlLU....!1 LAWRENCE~. WI~~~N Lf;TiTIA I, WOCIC. !" A, U~h1rn. w. ~U~IolT 0' eCUNII~ .,IO"DAiII ."Tt... ",4. .I0MN II, DAY PA. I"tOD..ONU flIAIISHALL J. ....110.11. P,A, .JON IIIlIIL~ ""et~ON L, !'IIIYA'I't WIlITli:Il'11IIR1CT WilE RA Reque8t for Suhdivision Regulation Variance - Quantum Corporate Park Dear Mr Whi~. l On behalf ol Quantum Park Aaaog1ates, ownGr/dGv81opar of the Quar.~um Corpora~e Park DRI proj.~, reque.t 1. he=eby made lor a vGriance to Article X, Section 10 "Street.", SublSec~ion lOD, in order to permit the closure of A port1on of Park Ridie Boulevard through t.he proposed h1gh school s1 te. The partial closure of pa.k Rldqe Doulevar~ to publiC ~a:!1~ would result in a dead en~ street length in excess ot the requ1rea maximum ot 1,3~O feet. As d.iscussed at the Planning and Development Commission ~etinq on Karch S, the Palm Beach County School Beard intends to close the segment of Park Ridge Boulevard through the high school site to public traffic but mainta1n the roadway surface as a fire lane which would be available for emergency vehiele. such AS fire trucks I police, ambulance. I .tc. The 81 te plan design presented. to the Planning Commission by Agustin Hernandez of the School S04rd was acceptable to Fire Chief Floyd Jordan who attended the meetin;. The Quantum Park high school 8ite was selected by the School Board after extensive consideration of other potential sites both in and around Boynton Beach. Closure of Park Ridge Boulevard through the high school campus is required by the School Board to maintain ..curity within th. ~ampu. and a..ure ~he safety of the students as well as the school personnel and property "'LO"'~ QFFlca. Ki:Y ....'UIO. 1ooI1...t-41 ORLANCO. WEST I"ALM !!lEACH I;V,",OI"EAl'o O,....,,':l!: """:IT::",gAM T..E NrTl'l~RLANC5 SEN- BV Shutts & Bower. ! 3-iO-94 9 47 Shutts & Bowen.; Boynton BCh Tax # S James D. Whit., C1ty Engineer March 10, 1994 Paqe 2 We believe th& unique need. of tho Sohool Board in siting end constructinq a public high .cheal impose special condi~iQn. and circumatanoes which ar. peculiar to th!s trAo~ of l.n~ And which arA not applicablQ to oUler lands. The requested variance is need.d to comply wich the oontrcctuAl obli9a~iona impoBed by the Sehool Board. and. is not 'the cli.ect reaul t et a.ct1on by ~hc appl.1gant; Grant;ing- of the variance requ..t w:1.l1 not conter on the applicant 8.J\y .peelel pri vilsg-8 which would not lJe requ1reC1 or appropriate to other properties under s1m11ar circumstances. Enelo.ed i. my lew firm check in the amount of $400.00 representing tha precs.s1nq tee tor th1. variance request Copies ot the amendea mA8~8r slte oevelopment plan tor Quantum Park have previously been ~e11vered to Tambr! Heyden. It 1s my understanding that thi. matter will be heara by the C1~y Ccmm1SB10n at 1tl meeting on Tuesday, April 5. I understand the applicant will also reimburse to the City the cost of advert111ng tor the publiC hearing. Your favorable conliderat1on of this request is appreciated. JGW:cbc Inc. cc: Carrie Parker Tambr.i. Heyden R1a' r~1edman, Zaq. Andy Juster Joe St.all..1.~h ORLANOO u.~ 1 CBC - n_ ___~~_ ~, TO FROM CHIEF JORDAN Fire Chief W~LLIAM CAVA~AUGH ~/fbl~~ ~ F1re Prevent10n Of~~~fJj ~'" DATE February 25, 1994 RE Master Plan Modification - Quantum Park School site First and foremost, the closure of Park Ridge Road in the southwest corner of the park has a maj or impact Perhaps the greatest disruption occurs to public safety response times We find an extensipn of over two miles and over four minutes additional response is required to service the south end of the park (Note These figures were derived in "Non-Rushll hour traffic) At the present there are three high value properties, where response time is critical, in this area Future development would be severely restricted should the road close Other development has been proposed, at one time or another for the south half of the park This development has not reflected the industrial theme originally proposed, but is commercial in nature These proposed projects generated a great deal more traffic and one project, in the extreme, would basically cut off the southeastern corner of the park This department is concerned with traffic volume and its negative effect of obstruction to response and its impact on required rescue in case of an accident Accidents have increased, and in fact a rescue vehicle was damaged since the interchange at I-95 has opened In my opinion a cautious approach to traffic in the Gateway Boulevard corridor is mandatory These facts and the changing nature of the area require extreme prudence in allowing any change in the loop road system anywhere in the park, on either side of Gateway Boulevard The proposed school, while necessary and laudable, presents many problems of its own Generally public schools are under the sole jurisdiction of the Department of Education, State of Florida Once the request for fire protection is honored and site approval is given, there is little input accepted from local authority As presented this facility will be approximately 325,000 square feet under roof, on approximately 50 acres It will ultimately serve around 2,500 students It will have parking for around 900 automobiles and staging area for the required school buses The buildings include a 1,000 seat auditorium and 2,000 seat gymnasium ... .- An ITV tower of 120' tall is proposed The buildings are two story with a peaked roof Ladder truck operation will be required The site also has a football field and track, several baseball and other playing fields proposed This is not a small project and is similar to phase one of publix Distribution Center and the Motorola property In speaking with school representatives, we have found that traffic will be impacted twice a day, when school starts and when school lets out Instead of different starting and ending times in order to stack traffic, a singular burst of traffic is to be expected Student traffic is to exit at Park Ridge and Gateway, bus traffic is to exit a High Ridge and Gateway This traffic will impact Gateway Boulevard during school hours It is mandatory that all these factors be considered in the light of future development I feel that a road closure is unconscionable, and should be strictly avoided TO BE CONTINUED FIRE DEPARTMENT MEMORANDUM NO 94-42 February 28, 1994 TO Tambri Heyden, Director Planning Department Training Off~-- THROUGH: Chief FROM SUBJECT CONCEPTUAL PLAN BOYNTON BEACH HIGH SCHOOL Regarding proposed changes to Park Ridge Blvd, the existing road is strategically imperati ve to Fire Department defense needs in the developed industrial areas of Quantum Park We feel that the closure of this road would jeopardize the current and future development of this portion of Quantum Industrial Park A conceptual plan first shown to the Technical Review Committee on Tuesday, February 22, included the elimination of Park Ridge Blvd upon ent~ring the proposed high school campus As drawn, access to the school campus and other occupants on Ptilrk Ridge Blvd would be cut off and Fire Rescue would traverse an additional two miles This results to an additional four minutes in response time to the school property and adjoining parcels east of the school. The Fire Rescue Department is totally against any proposed abandonment of the road or road right-of-way At our meeting on Thursday, February 24, 1994, with Mr Augustin Hernandez and other representatives from the School Board. of Palm Beach County, all parties in attendance were receptive to a fire lane which wouldr provide complete accessibility Fire Service access to the front of the administration building would be facilitated by incorporatng a concrete "plaza" on the east side of this building adjacent to the through fire lane This plaza will be constructed with no impediment to emergency vehicle access Circumfrential access to the multiple exposures of the four main buildings and gymnasium will be maintained by a minimum 20 ft wide, hard packed fire lane cc vCity Manager's Office J Ness, Deputy Chief S Campbell, FPO II WG/lmb 94-42 HS onC12 \0), ~ @ ~ U \Ii ~ ~ I \1U MAR 1990\, \!U RECREATION & PARK MEMORANDUM 194-075 FROM' Tambri Heyden, Acting Planning & Zoning Director John Wildner, Parks Superintendent ~ Quantum Park PID (Master Plan MOdi~~tiOn) TO: RE DATE February 24, 1994 The Recreation & Park Department has reviewed the Master Plan Modification for Quantum Park PID. There are no outstanding recreation related issues on this project JW ad m! IU, . MEMORANDUM Utilities #94-055 TO Tambri J Heyden, Acting Planning & DATE February 23, 1994 tor FROM John A Guidry, Director of Utilities SUBJECT Quantum Park P I 0 . Master Plan Modification Staff has reviewed the above referenced project and offer the following comments 1 Utility Department will require 24 hour a day access and control of existing water and sanitary sewer mains, Sec 26 33(a) 2 Existing sanitary sewer not utilized in construction will need to be properly abandoned under Utility Department inspection 3 Twin reduced pressure zone backflow preventors are recommended on the domestic water supplies and backflow preventors, in accordance with our current ordinance, and will be required on the new fire lines, Sec 26 107 4 City water will not be supplied for irrigation, City Comp Plan, Policy 3C 3 4 It is our recommendation that the plan proceed through the review process If you have any questions regarding this subject, please contact Skip Milor at 375-6407 or Peter Mazzella at 375-6404 19b xc CI yde "Skip" Mi lor, Peter Mazzella ~ File f?~+. ,.Jo-;Il!~ I : 1. pJ&l/.,J~Af&LE t:.llL 8. ~t::. 2. '~!,?L ~"N'GAl-,t'1 (~.J k~le J tJ"~. /) r;7 _ -)~. I . ~_!.' ~."....:... <r.J ,.J MEMORANDUM Utilities #94-068 FROM Tambri J Heyden, ~-~ Acting Planning & Zoning DOrector John A Guidry, t Director of Utilities March 4, 1994 TO DATE SUBJECT Quantum Park P I D . Master Plan Modification Staff has reviewed the above referenced project and offer the following comments Clarification for Utility Memo #94-055, Item #1 The following are suggested as options for securing 24-hour accessibility to utilities in the abandoned roadway 1 Mountable curb to access road 2 Electronically controlled arm with access code available to central dispatch It is our recommendation that the plan proceed through the review process If you have any questions regarding this subject, please contact Skip Milar at 375-6407 or Peter Mazzella at 375-6404 19b xc Clyde "Skip" Milor Peter Mazzella Fi Ie M E M 0 RAN DUM POLICE NO 94-034 TO Ms Tambri Heyden Acting Planning & Zoning Director FROM Sgt M Kirrman DATE February 25, 1994 REF TRC comments, Master Plan Submission P B C School, Quantum I have reviewed the submitted plans and have the following comments 1 Closure of Park Ridge Boulevard at any point would negatively impact police/Fire response, 2 Public safety issues impacted would be persons/property at risk in the event of fire, rescue, or tactical police response, 3 The internal traffic of existing businesses (semi's, trucks, hazardous material transporters) will be mixing with school buses, visitors and employees Any further business development would be greatly curtailed by lack of traffic flow and safety issues, 4 I recommend strongly that a traffic signal be installed at Park Ridge and Gateway This signal may be on a timer, to be used at periods of need, and on flasher at off times The Police will need a key to operate signal for special events The closure of Park Ridge would create numerous public safety concerns I have reviewed Mr whites engineering memo #94-062 and agree with his suggestion in regards to Park Ridge Boulevard Also consider leaving the design as is and adding a elevated cross brige for students Respectfully, #;LL / . / ~,>!~ ~~~--- Sg M Klrrman --- MK/jb PUBLIC WORKS DEPAFTMENT Memorandum No 94-u59 TO Tambri Heyden., .3en101 Planner VIA Robert Eichorst, Director ~ F]~Ol.1 Bill DeBeck, Project Manager DATE February ~5, 1)q4 SUBJECT Technical Review Committee Meeting Tuesday, rebruaiY ~21 1914 Cur comments on the two projects reviewed are as fullows 1) i.fHIPOvHLL ARt.1.3 - The site plan does not aLLow any space for a garbage truck to turn around and the alternate idea of backIng ~ntc the main highway ~s unacceptable 2) The new high school site needs to have an adequate 4S'ft radius area for turn around fur a garbaye truck at the service area We als~ want tLem to consider planning tor recycling at any materials possible and access to those containers by the CIty of GWA vehicles ,~~ ,,1/' {3"t'11 r,~T")-~k .L l..''=D'=1".. BDB/pl PLANNING AND ZONING DEPARTMENT MEMORANDUM NO 94-057 FROM -..//<- / L ( Tambri Acting Chairman and Members Planping and Development Board I ) I' l};(.1L1t \. J Heyaen Planning and zoning Director TO DATE March 3, 1994 SUBJECT Quantum Park of Commerce - File No 813 Master Plan Amendment #4 (high school) Please be advised of the following planning and zoning comments with respect to the above-referenced request otherwise stated, it is recommended that these comments satisfied within 90 days of City commission approval of amended development order related Unless be the 1 Application fee shall be paid prior to second reading of the ordinance to amend the development order Applicant will be notified of the amount of the fee which will be determined after receipt of the bill for advertising the required public hearings 2 A cross-section of the required peripheral greenbelt (40 feet in width along the south property line where the PID abuts residential zoning and 25 feet in width along the west property line where the PID abuts nonresidential zoning) shall be prepared and submitted to the city for comment or shall be submitted to Quantum Associates for inclusion in Quantum's near future master plan modification application for approval of all greenbelts within the PID 3 For courtesy comments, it is recommended that the School Board provide the city a copy of the high school site plan prior to it being finalized Subsequent to this, a final copy, for record keeping purposes, would also be appreciated to include the location, type and quantity of all hazardous materials used and stored 4 If a portion of Park Ridge Boulevard is closed and no longer used for private road purposes, a separate instrument shall be recorded to delete the plat dedication of that portion of Park Ridge Boulevard A recorded copy of the legal instrument shall be provided to the City 5 The amended master site development plan, dated February 15, 1994 shall be revised and submitted to the City to include a graphic scale, reconfiguration of parcels that has occurred for the Motor vehicle Inspection Station and the Tri-Rail expansion and adjustment of all parcel acreages (and land use totals) to correspond with the tax maps prepared by the Palm Beach County Property Appraiser'S office tjh xc Applicant Central File A QPkMPMCm RECREATION & PARK MEMORANDUM 194-074 TO: Tambri Heyden, Acting Planning & zoning Director Kevin J Hallahan, Forester/Environmentalis~~J1~J Palm Beach County High School Site ~ Quantum Park PID FROM RE DATE: February 24, 1994 Please have a cross section of the perimeter landscape plan prepared to ensure l. aesthetic buffering 2 light buffering 3 sound buffering 4 DRI requirement fulfillment KH.ad ill ~, PLANNING AND ZONING DEPARTMENT MEMORANDUM ~"wfV ~ j 1 ~ ~ ';, MEMORANDUM NO 93-101C TO Tambri Heyden Acting Planning & Zoning Director FROM Carrie Parker Assistant City Manager DATE December 9, 1993 SUBJECT: NEW HIGH SCHOOL Attached is a copy of the School Board contract with Quantum for the purchase of the property for the new high school in Quantum Park Please note on page 4, Section 14, Special Clauses, indicates several conditions, as well as on page 11 Section 26, Release of Covenants, requires the release from several protective covenants please review these and provide an analysis and recommendation as to the release of these covenants, if any are City requirements Additionally, School Board staff has requested a meeting to review the zoning master plan and road abandonment process I will keep you posted when that date has been set Please let me know if you have any dates or times that are not convenient for you Thanks ,'1 n / "j '-'/-.,.~ ,7 ~/ ~ (, ,.A.A/\..{ I LV'-'f~ Carrie Parker CP smb Attachments ill rnuw~ @ DEe 9 1m (!.,.. 12 e~rl"3 ~10' FROH iTH NAHAeENEHT CEHTER TO ')375 pal ~~lIf8I f\ 9. BOARD REPORT NOVEMBER 16, 1993 D9p~. ~.~ II ~1~ - CtCqo ___ ~uU~ ..............c nND PURCHASE CONTRACT HIGH SCHOOL III BOTh TON BEACH PLANNING Ai'\iTI REAL ESTATE On July 21, 1993 the School Board authorlzed the Superintendent and staff to negotiate a purchZ1se contract for the 45.611C~ Quantum Park property foe High School III Since that time rigorous negotiatlons have taken place between representatives ot Quantum Associates a11d School Board staff rc&ulti:ng in a Real Estate Sale and Purchase Contract executed by the sellers which is now being presented to the School Board. The purchase is contingent on the School Board obt.aining eonC1.L1Tency approval ana necessary permits. The seller is required to rez;one the p:opeMy for' the School Board. The School Bo4rd will be exempt from all Quantum Park !ees <md assessments now and In the future. The previous offer made by Qwm:um Associates to the School Board (July 21 Board Report) was to sell the School Board 45.6 acres for $3,450.000. That acreage (45.6 acres) inc.luded a portion of the development's lake system totaling 1.37 acres. ThQ School Board will not take title to the 1.37 acre lake; however, the 5eller will not reduce their offering price. Therefore,. the $3,4:50,000 purcha5e price was for 44.2 useable acres. The School BOard. will have use of the existing lake system for surface water drainage. The attached contract includes 1.19 acres of parcel 41-A as depicted on Exhibit A of the COntract for an adcUtional amOllnt of $91,200 The contract purChase price is $3.541.200 for approximatel>-" 45.4. usaabl(l acr~.ThQ July 21, 19.93 Board Raport also contained information concerning the proposal that the SchoolEloard utiliz;e property located across a canal on Motorola property DiscussiOns wlti1 representatives or Motorola Corporation have conclude(! with a decision by Motorola not tCi permit the use of any of their property by the School Board. The Contr2.ct includes an option to purchase lot 40 and tile balance of lot 41A (see Exhibit B of the C'...ontract) for $76,666.67 per acre or approximately $394,QOO! for 6.14 acres. The option exprres on February 10, 1994. In the event staff r.:onc:ludes that all or a portIon of the option property is important to the design of the SChOO~ Board approval will be necessary to exercise the option. The School Board purchased appraisals from Dukes and Rennett, Inc. (a minority business) and Arthur J St. Jo1m, rDC. They valued the 46.6 acre lite at $3,676,000 and $5,960,000 respectively The average 01 these appratsals 1S $4,8. l,500. TIle contract contaL'lS a ('losing date of May 26, 1994 and both the sellers and School Board staff anticipate completion of the contract contingencies by the seller and the School Board is feasible within this time frame. If, however, additional time is r'~Quired. a request for an extension will be submitted to the School Board. I IeeommeC1d that tile School Board approve the Real E. tate Sale and Purchase Contract with Quantum Associatp..s for the acquisition of the 45.4~ acre high school site for High R_FCEIVED DEe '1/16 CITY MANAGER'S OFFICE .. 12r87' 1;1'3 l~lle !lI'lQN ~TH NAHA~ENEHT CEHTEI'l TO ''3 7' ~ ~ P 02 {\ 1"\ 9A page Two BOARD REPORT NOVgMBER 16. 1993 Scnool III at a purchase price ot ~.541.200; authorize the Chairman and Superintendent to sign necessary documents; and authorize necessary bUdget amendments. Respectfully submitted, C. Monica Uhlhorn Superintendent RecolI1In$nded by: Lawrence G. ZabJk David H. Williams Robert M. Skakandy (COntact Person - 434-8126, PROFS ID "PLANRE") Estimated Cost; $3,641.200 Funding SQun::e: FY94 Capital Budget H:\"Uo,..,.sl ,.>>c>\brdrpt\9I\z:<l6ll3.1li 1~"07rl"3 12' 11 !'RON wTH HAHAGENEHT C!HTE~ TO '37S <10 ,. ell 1\ r--. REAL EST.\.TE SALE k"lil) Pu1<CHASE LOl''TRACT Thj~ is a legally bindine ~~ntr:lct S<i!ek your att.;>rney S <1dV1Se before ~lgmng Ouantum A~~ociales. 115 W. Waehme;ton Street, Ir1d1~U:U1PQh~. Indiana 46204 as 3eller and The School Board e>f Palm f3each Count Florilla of 33ZQ for~st Hill Boulevard, West Paim Beach Florida 33406-5813 as buyer h~reby agree cb.<lt ..he seHer shall sell and the buyer shall buv the foliowmg deSCrIbed property (hereinafter the Sit>':: or 'Prl..1perry ) T.iPON THE TERMS AND CONDlTlONS HEREINAFTER SET FORTH, whIch ~h411 ulClude the STANDARDS FOR REAl liST A TE TRANSACTlONS set forth on the foll.)wing pages cf this contract. 1 LEGAL DESCtUPTION of real estate loc.ated in ~m Beach County State of Florida. 1;)ee oomposlte Exhibit A "legal descnptIon and depiction of the property to be acquired altaehed hereto and bv thIS refere!l~ incorporated herem. The legal description and depICtlon herein are mbJect to modificatlon Up<1I1 buyer obtairung a survey for the. property The seller Cij"Tfees to convev Lots a portion of <11 .\ (more particularly desctibed as the southerly lnOSt portion equaHing 1 lQ acres) 41-R 41-C, 42-A, 42-B 43 & 43-A, 44 & 44-A, 45-A, 4S-B .& 45-C, 53 54 and the roatlway dc:pict~ on CClmposite E..iliibit A. r-.ote. The purchMc: price te be paid under paragraph 2 relates to the: upland portIons of the: property dcscdbed in paragraph 1 hc:n:an 2. Pl.JRCHASE PRICE $3.541.200,00 Dollars Method of Payment. a. D~posit to be held in trust by Title COInPany $ 50.000 h Appl'OXlmate principal balance or first mortgage to wluch conveyance shalf be N/A subject, it' any c. Other s NfA d. Cash. certified or local cashier's check on closing and delivery of deed (or such greater or lesser amO'l11t as may bf: nec.essarv to complete payment of purchase price after credits a.dJustments ane prorations: $ 3.491.200 TOTAL $ 3.541.200 3 TIME OF ACCEPT.<\..l\iCK If this ccr.tract is not executed by the seller and buyer on or before Novl;:mbt::r 26 1993 the aforesaid deposit shall be at the optivi'l of the hilyer, returned to 1t and thIS H ,dau. wp511doc\A;;;:-<=c'T't\~ntumA.1II RMS!:If REVISED I !/2/91 12r07rl"312'11 FROM WTH NA~~QeNeHT CeHTE~ TO '37=- a F' 004 i""\ o agreement !;hall be nul! and VOId. The dale of the ::ontract for purposes of performance, shall be leearded as the date:: when the last one of the seller and the buyer has signed this c.ontract. 4 CLOSI~G DATE This conuact shail be ckl!;ed and the deed and pos~'lon ~haJl be delIvered on or be[,n: May 26 1994 unless exten~cd t-y mher provisions of this contract or unles:s there :5 a default Notwithstand1Jl6 the foregoing when the contIngencies ccntained in this contract are fully satisfied before the c;losing date referenced above. the parties agree to close within ~O days of completIOn of all contingem;ies herein. 5 PRORATIONS; Taxes, Insurance mtere~t:1 n...~t:l and other expense!; and revenue of said property shall be prorated as or tile date of the dt)sintt. o EVIDENCE OF TITLE. Check [ ] (1) or [Xl (2) The seller shaH at its expense, deliver to the buyer or Its attorney ill accordance wlth Item A of Standards For Real Estate Transactions (attached), a ~itle guarantee at least 60 days prior to the Closing of this transaction. 7 CONVEYANCE SeUer shall convey title to lhl; afotc;3ald property to the buyer by special warranty d~.ed [):~ deveJopmmt aIld llse of as a high school and related facilities subject to maners comaincd in thl:i contract and taxes for the year of closing and sunject to thost: pcnl'.itted exceptions in accordance witt: Standards for Real1;$ta!e Transactions SectiCli. A. 8 RESTRICTIONS, EASEMENTS, LIMITATION- Buyer shall tm title subject to (1) zomng r~tnctions. (Z) restrIctions and mauers appearing on the; plat or "Qmmon to the: ~ubdivision, (3) public utihty easements of record, provided said easements are located at the boundary or on the side or rear lines of the property and do not interfere With Duycrs mtended use of the property for the construction of a hiSh school and related f3.cilities, (4.) t2.Xes for year of closing. if any (5) other' Those matters of record provlded, however none of such maHCt5 3hall render tit!e to the propomy unmarketable or mterfere WIth huyer s intended use of the propertv for a high school and related facHities (6) The development order IS:>Ued under the DRl as lL'l1ended (he modIfied master SIte plan as approved by and Q \d.dOl\.....pS 1\.1oc\A.&rc"mt~QuanlU!TIA.m 2 RMS:b~- REVISED 11/2193 ~r07'1'~'3 12'12 FRON ijTH NAHAeENEHT CEHTER TO "37 f' e'3 r'\ (\ ac<~eptable to buyer III Writing. (~ D<,:daration of Protective Covenants of Quantum Park at Boynton Beach :.lS recorded In OR Book 5450 pages 1105 - 1181 public records Palm Beach County Florida and ,,"ubject to the other terms and condil:c,ns herem. 9 Kf:.MOV AL OF PROPERTY FROM TAX ROLL The buyer tln.d ~eller agree to ..o'Jperate with each Jther in having the property removed from the Palm Beach County Tax Rolllmrnediareiy following the Closing herein ex.cept as otherwIse stared here 10 DEFAULT BY BeYER. If the huyer fad:,; [0 perform any of [he ;:ovenants of thIS contract, the d~PQsi~ paId try buyer at the optIon .f the seller shall be retamed by seller as lIqUidated d:anuges or the seller shall only l1ave the right K seek. speciric performance. Buya- i\nd seller acknowledge a.nd agree that If buyer default:; under this contract the damages which seller migbt suffer will not be compensable by monttarj damages. and that ::leller wili not have an adequate remedy at law In order to provide seller wIth a fau and equitable remedy in this Cil."Cllffi!&tan.::e, the partIes have agreed that seller shall have the right of specific perfonnance The electIve liquidated damage proVlsiol18 and any dIrections as to disbursement of the Deposit under this contract shall not affe.....t 1he right of seller to specifically enforce th _' contract If buyer defaults This provisIOn is a matenal teml of this contract. The foregoing sball be the Sl.')}e and exclUSIve remedies of the seller 11 OEF'AULT BY SELLER. If the seller falls to perform any of the covenants of this contract. the "fcresaid money paid oy the buyer at the option of the buyer sball be re-t\lrned to the buyer on demand, or the buyer shall have cnly the right of specIfic performance. Buyer and seller acknowledge and agree tlut if !>eller defaults under this ;;onttact the damages which buyer might suffer will not be compensable by monetary daIr.sges and that buyer Wlli not have an adequate remedy at law In order to provide buyer with a fair and equitabk remo;;dy in tm3 circumstance, the partl~ have agreed that buyer shall have the nght of Spe(,:ifJ.- perfonnance Directions as to disbursement of tlR: Dcpo!lit under thIS contract shall not n. l<.laUi\wp51.d"..\A~rumt\Qu2ntumA.m 3 RMS. bf REVISED 1lI2f93 12,.e?-1.,'3 12'13 P'RON lWTH NAHA~~N~HT CfHTER TO '3. ..e p e6 r-'\ 1"'"\ affect th~ right of buyer to spedfically enfor'~ thIs contract if seiter defauits This pro\ iSlon IS a matertal term of thIS ontract The foregoing shall be the sole and e~c1uslve remedy of the buyer 12. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwntten provISiOns lnsened in thiS form and initiaicd by c:ach party :lhall control all printed provisions In conflict thereWith. 13 OTHER AGREEMENTS No agreement or representation, unless incorporated in this comract shall be bmding upon any of the parties 14 SPECIAL CLAUSES OJ Subject to awroval of tills contract hy the School Board of Palm Beach County; (2) SUbJCct to a.pproval of the property by the Florida Department of EducatIon, (3) Contingent 011 the average of two School Board appraisals being equal to or exceeding the purchll3C price h:tted in paragraph 2. of the contract t4) Ac~ance (If the Purchase Contract bv the Chainnan and Superintendent of the School Board of Palm Beach County is " conditional acceptance for a penod of 30 days from the date of acceptance as hsted In paragraph :3 of thIS contract during which time the publIc may review the uamaction, aft!:. whtd:l tune the Chairman may give final ~tance, (5) Contmgent on soIl evaluation millc.almg soil conditions acceptable to the buyer (6) Conrlngent on seller Qbtaming zoning for the ,)chool Board's intended use of a high school and related faciIines, (7) Contmgent on a determination by buyet' that the site more fully described m paragraph 1 of this contract being free uf wetlands. enVironmentally sensitive flora and fauna to me extent that lhe Site C3IJ be de,"cloped for the School Board's intended purpose as a high school and rdat~ fac.iht:C3 and 111 accordance with the Developmem Order and Planned Industrial Devdopment, (8) Contingent on seller giving disclosure in accordance \,'ith 286 23 Florida Statutes Notice regarding State Statute 286.23 Prior to conveying property to :>uyer seller is required to nuke a pubhc :!isclosure 10 writing. under oath and ~ubject to the penalt~s ;:m:,Sl;ribro for ~rjury stating the :ieller s n.amo and addre&& and the name and address of every person havlllg a beneficial interest in the real propeny that i!'i under ~lderalion fur conveyance tQ the buyer' (9) Contu.geill on an environmental prepurchase audit (Oot.aitled by buyer at its own expense with COpi~ J..I ,d:l,!a'.wpSI \dot:\A.@.reE:lIll:\Quantun'tA.m 4 RNlS'bf REVISED Ilf2/93 12"'37 1"3 12'13 fRON O~TH NAHHeENEHT CEHTER TO '::l7 ,e P 67 r'\ f"'\ .irnuh:aneousl} deltvered to seller) aLceptahle to the buyer and any other auditS (obtained by buyer at its LlWll expe~se with copIes simultan-:ousl\ del:ve~ed tl) seller) deemed necessary by [he buyer eVIdencmg thltt th~re lS no haz..rdous or tOXiC waste: or any other contammants on or near the property which would vlolare any and all cnviroJUI1l:;ntallaws rul~ codf;'~ regulation or ordinances whether federal state or local, mdudmg, bUl U(;I limited ,0 me Comprehensive Environmental Response Compc:nsahon and Liat.i.liry Act C-CERCLA ') 42 U <; C ~ 9601-57 the Rt:$outce Conservation and Recovery Act ("ReRA") 42 use 9 690l.Qli the Clean Water Act ( CW A If) -:;3 use ~ 1251-1376, the Safe Dl'mkmg Water Act ("SDWA , 42 use 9 300F-300J-IO, the Toxic Substances Comrol Act ~ 'TSCA ') 15 use ~ 2601-29 the IiazardQUS Matenal6 Transportation Act {lfHMTA"} 49 U S.C. 1801-1Q07 Florida Statutes Chapter 403 OJ e~ seq Florida Statures Chapter 376 01 et. seq. Further, Seller warrants. represents and CQVeIllnts that 10 the best of itS knowledge a.nd belief the propeny is free and clear c.f :lll hazardous or toxIC ',\'a5re or otht:~r such contaminantS ThiS proviSion shall be true as of dle date of dosing and as so stated shall i\UrV1Ve the closing herein and there s:ha.11 be no merger of Deed and Contract. howevt.i seller shalt DOL be liable for any CIlvU'OlUnentai impact upon the property caused. by buyer eIther before or after the Closmg Seller recognizes that the representations and covenan~ made herem are a material mducement for Buyer as it relates to purchasing the property described in this contract; (10) Contingent on huyer ob~ining both a primary and a secondary access to the s~te which are acceplable to the. buyer withil'l 30 days after the i\cl!er ahar..dons the roadway (which roadway abandonrnent documents may be held in escrow mull the Closing) a.'l required 10 the contact and more pa."1icularly descrIbed m paragr..ph 14 (18) and (l9) and depicted en Exlubit 'B attached hereto and by this reference Incorporated herein, (11) Subject to me huyer obtaining the following pennits which include but arc: no[ limited to ModificatJon of the existing SQuth P10nda Water Management DIstrict surface water drainage pcmlil and Lake Werth Drainage DIstrIct surface water drainage perron The huyer represents and warrants to the seHer that any plans drawing::;. dC~lgru; ~sary to obtam the H \~a\..,.Sl\doc.A!!....emt\QuaDtu:nA.lll 5 RMS;bf REVISED ll/V93 2 ~?rl".3 12'1.. ~~ON 'OWTH ~AH~~ENEHT CEHTe~ TO '37 ,e ~ 'le '" (""\ rem'1tS des;:nb<<l rCfClIl will be prepaIed and subml:ted In a !Imely manner Not withstanding the fDregolng tins contract is not contmgcnt tm the School Board Obt21nlOg a hmldmg permit, (12) Contingent on the Schuol Board obtammg ;;,ol'1.cut't'encv appro.....al from Palm Beach County pnor to the ~losmg oi It!is transacuo.l. (13) The buyer shali U~<:: go,xi fflith efforts to me~t Its ;;ol'l.tingencles here:n.. In addition ~ener IShall cooperate with btly~r in. nuyer's efforts with regard to permit applications and other submm<tls related ,0 the development ~)f dIe property and related school Site, (14) Seller represents ::over.allts and warrants thaI tbe huyer shall not be required to pay any fees chz.rges, liens ')r H:!ISCSSment.') a.ssol"atcd with commc.n ~a maintenance on the propeny 2S it relates to a.T'JY prc-pert}' vwners a.'\sociaIion or allY Qther ft"rITI of as~o<;;iation or ~ it relates to Its property furthermore seHer rigrees to mde~~llty ~nd haM buyer .!:iamlless [r(lm any and all fees charges, liens or assessments whaher I ~guiar or s;')l;cia] ~sociated with the property h~iem, excluding those fees charges hens or assessments ch~rg.ro by any goverrunenuJ entity to bUyer Shoa~d seller or any Qtht:r entity or IndivIdual or through ()uazmun ( Jmmunit)" Devehpment Dietrict or any othe.r uti! ity or person is;;ue Sond(s) which create or r.1av crea~e a lien against :he Propen:)' seller st~ll at C!o~mg ~CtQW f.m.ds nom the purchase price paId to illsure that the Property herein is .not and wj]; not be in the future 5uhjec.t to any assessments for the payment of the Bonds or other fiIWlcing excluding any School Board financing Such escrow agreemem shaH be mutually approved by th'<: buyer and ~eUer prIor to ClOSIng This provision shall survive the C'losmg herem and there shall be no mer.ger .Jf deed and cQntra~1 In a.cidition the indemnification rderenced above shall also be applicable to any Bond issue or other financing, excluding any S~hool Board financL'lg Notwithstanding the foregcHug, buyer agrees that it shall maintain, or shall cause the property to be numi.ailled m accordance with the standard" set forth on Exhibtt C attached hereto and wade a p~rt h'.~~eof This prOViSl\.)1l Ghall 'Urvl'i~ the dosing and there shall be no merger of deed and cuutract (.5) C.;mingcm on ~c:llc-;r provldmg to th1; Site water sewer and ele\:trlC41 services all Wl~ adequatE:: capacity (as determined by a;:,plica.l:>lc code) for development of rhe s1le for the Sch(;QI Board s H 'o.al<"wp.5l,dcc,p.grcernf\QuantumA lH tl RMS lJf RJ::;ViSED 11/2193 12r07 1"3 12'1'5 FROtl O~TH NAHAeENEHT CEHTER TO '37 '0 .. e, ~ r'\ Intended purpose of a il1gh school and rdaKd facilities, (16) Contingent on seller proVIding sufficient dra.inage retentJcnidelentlon capaclty on :seller's property [0 meet the storm. water di.'icharge and lreatment requrremenu<< for the higl: s<;;hoQI Site S0 that the entue Gchool SUe can oe developed without any on site Jral.nage retention/detemion. Funhermon: ctr. seller shaH coordinate and ot-tam the neces38ry approvals in order tu eliminate the development order requirement for water quality dry pretreatment on the proposed schuol site and shall provide evidence of the same to buyer The seller shall have 45 days from the date of tlu~ contr2Ct fa accomplish the same otherwise either the buyer or seller may termInate this agreement arui the partl~ shall be relieved of all liability hereunder. (17) The seHer agrees to grant the buyer an opth:m to purchase the COntiguous lots 40 a.nd that portion of 41-A more particularly dellcribed on Exhibit B attached hereto and by this reference incorporated herein based upon the same terms and conditions of thlS agreement including but not limitc.d to .an acquIsition price of $76,666 67 per acre for the option parcel This option shall be for the penad CDmmencing from the effective date of this contract and ~nding February 10 1994, after which time the option shall be null and void and buyer shallluve no further rec.ours~ against seller as it pertains 0 lbls oprion provided herem. The buyer shall give the seller 30 days pnor written notice in order to e;lCercise the option herein, (18) Prior to the Closing the seller shall obtaln all necessary approvals for abandonment of [he roadway as depicted on Exhibit "If at~d the roa.dway shall be abandoned &im.uh:ll.neously with the CIosmg and the seller shall be required to convey all portions of me abandoned roadway to the School Board at the Closing; (19) The Geller agrees to provide to the School Board a credit from the purchase price referred [0 in paragraph 2 of the; contract for -;0% of the costs towards a non-landscaped cu!~e-sae as depicted on Exhibit "Bn or any other structure requIred a.s a. result of the road abandonment however such credit shall not exceed $20,000 Wirn regard to the constru':t1on of a non-landscaped cul-de.-sac or other structure as required due to the abandonment of the road as depicted on Exhibit "B" the sell~ ag~ to negotIate in good faith with the buyer as to the buyer s needs for additwna1 land excluding any lak.c parcels for a cul-de-:sac or said H:\d~Ul\wp51 \doc\Agreenlt\QUanlumA.rtI 7 RMS.bf REVISED 1112(93 2 07 1'~3 12'16 F~ON a.OWTH NAHAeENEHT CEHTER TO '37" '0 P 10 " r-. :;:WL.ture SO long 3.5 neither seller nor property in Quantum Corporate Park are thereby adversely affected The seller agn;~ thaI due to the abandonment of ,he road as 15 required on Exhibit 'B of the contract the sl:l1c< shall comply WIth anr ~d all requu:ements fot' abandonment of any governmental agency tliwlng jurisdiction over the: same with regard to the abandonment, (20) Buyer shall pro".ide to seller, Juyer prellmmary :sire plan and utility capacity requirements in accordance wilh applicable taws wlthm :h.:ty (30) days of the effective date of tills Contract. Buyer shall update seller With any site plan l1adlfic.atlOns during the pendency of thiS contract. Notwithstanding the foregoing nothing herein shall relieve the buyer of \16 reqmrement in prOVIsIons 14(10); (21! Contract Contingencies 1 2 3 4 of paragrapn 14 shall be completed within 60 day~ from the date of acceptance as stated in paragraph 3 of thiS contract. Contmgencies 5, 6, 7 8 9, of paragraph 14 shall be completed withill 90 days from the G.ate of acceptance as stated in paragraph 3 of thiS contract. 15 MASTER SITE PLAN Seller shall amend its DRI and Master Site Plan and Development Order III a form acceptabie to buyer on or befort! the Closing ofttuG transact!on so that the buyer can construct a iugh school anG rdated facUities on me pIOperty described herem. This process shall include all agem:i~ having junsdiction 0ver the same iTlCluding but not limited to Treasure Coast Regional Planmng Council and the Department of COffiIllUWty Affiurs. If in fact the seller can DO( meet this cond.ltlon Oil or before the Closing date then this contract shall be nuil and void and buyer shall be entitled (0 any monies paid under this agreement and the parties shall be relieved of all liabilit}. herem. 16 LEGAL ADEQUACY This contJad shali not be construed against the party who draft~ the same. The parties hereto acknowledge that by SIgnIng this contract they have retamed expens of their choosing to review the s~me for legal adequacy 17 RADON GAS' Pursuant to Section 404.056(8) Florida St2Cutes. the following disclosure IS "equirPd by law f-adon Ga~ Radon 1:; a na:urally occurring radioactIVe gag that when it has. 3.ccumul,ale.i in a bu.ldmg if) $ufficlent quantities, may present health rlsles to persons who are exposed J.l ,.dat;J.\U'P'>; .d.:~\AsrccmtiOua.r.tum.....m g RMS,t>( REVISED 11/2/93 12 e7'1'~3 12'16 F~ON 1WTH N~H4~ENEHT CEHTER TO '37 '0 " 1 1 " f\ {O l( OH~r time Levels of radon that exceed federal and State gUldelmes have been found in buildings in Florida. :'\ddlllOIlaI informaJ:ion regarding radon and radon tcsting may be obtained from your County publIc health unit. lt) CONDE...'vL.""iATION If pnor t.., th~ C!I)S~ a taking by condemnatIon or eminent domain sh:tll occur which :)ha11 make it unpossiblc for buyer to construct a high school and related facilities on the: ?ropeny remaming after the condelIlIlAtion or taking, buyer shall have the option to either close the purchase of the property in WhICh event buyer shall be entitled to the condemnation awards, if any or buyer may terminate this courrS-cL Such election shall be made by buyer s wntten notice to seller within ten (10) calendar days following written oohce from seller to buyer informing buyer of the taking. If buyer shall elect to terminate tlus contract pursumt to this paragraph, the panies shall be relieved of any obi igations or liabiliues hereunder and the Escrow Agent shall return the deposit together with any intere$t accrued thereon to buyer 19 ACCESS. Seller shalt gIVe buyer and his representatives and agents full access during normal bUSiness ho'JI~, from the date hereof through the Closing tc the property so that buyer may conduct such rests and eKaminatIons with respect to the property as shall be necessary to effect the purpose of this Contract. Buyer shall mdemnify and hold hannless seller from any loss including but not limIted to damage to propeny and injury to persons, which seller shall suffer by virtue of buyer s entry onto the property and from any testS performed thereoc subject however to p68.28 All contractors used by the School Board shall be msured. 20 ASSIGNMEST Seller may assign this contract to any corporation, pannership or other cmity WlllCh IS owned or controlled by MelVIn Simon. Herbert Sunon. David Simon, Melvin Simon & AssociateS,Inc , or a Subllidiary thereof, 0'" ~ partnershIp or other entity In WhiCh MelVIn Simon. Herben Simon. David Simon or Melvin Simon & A~Sr'lciates Inc., Or one of ItS e.ffihates IS a general pa.rt.ncf or otherwise poss~sst.." directly or indire.;tly a contruHtng interest. defined as at least 51 % of the interest H \dat:l\wp51 \doc.\.'\gr~I':lI\QuantumA. m Q RMS bf REVISED 1112(q3 12~117' 1'''312'17 ~~ON ~OWTH NA~RaENEHT CEHT~ft TO '379 -'e I" 12 /"""\. r'\. herein, or to a trust or trusts estabhshed by and for Melvin Simon. Herben Simon DavId Simon or any of them ,or any trarufer to any entity designed to admit an mvestor to own a direct or mdirect mterest in 3;11;r'5 pr<'perty or for th~ purpose of providmg equIty financmg or any other financing arrangement without buyer's consent. Seller ma} nN otherwise assign this Contract without buver's written consent. which consent shall net be unreasonably wIthheld Buyer shaH not assign this Contract without seller s prIor wntten consent. 21 ENTIRE CONTRACT Thll. Contract COnstItutes a full and complete understanding between the partie:s hereto and aU i~trurnents Or other cummunit:atioIU ar~ hereb). :superseded upon the cx~ution of this Contract. Buyer and Seller may by written notice to the other' (i) waive compliance with any of the covenants of the other contamed in the contrac.t, and (ii) waive performance of an)' of the special clauses set fonh in paragraph 14 herein, and (ui) extend the time for performance of obligations comained m the contract. The waiver, as provided in this Section 21 of conditiOns herein must be by mutual consent of the panies Except as provided in the preceding sentence, no action taken shall be deemed to constitute a waiver by the rany caking such action of compliance with respect to any representations warranties, CQvenants or agreements contained herein. The waiver by either party hereto of a breach of aIl~ provision of thIS Contract shall not operate or be construed as a waiver of any subsequent breach. Any amendment or modIfication to be effective must be by an Instrument in writini signed by the parties. Any waIVer to be effective must be by an instrtunem 10 wming signed by the part)' glVir..g the W3.lver 22. BROKERS COMMISSION Seller and buver hereby represent and warralU to each other that neither h2S dea.lt with a broker and in the event that lmy broker makes a claim for sales commissions. seller and buyer hereby indemnify one another from said claim and agree to satisfy or defend each other agaxnst the same 23 NOTICES \Vhenever either party desifes to ,give notice unto the other, It must be gIven by wntten nott~, and shall be given or made or comrm.llllcated by a reputable overnight carrier WIth a request that the addressee sign a re\;t:ipt evidencmg delivery cr bv United StatC5 registered or certified mall return 11 \dat.t:\wp51 \doc,A!t%l1lt\QuantumA.m 10 RMS~b: REVISED 11/2/93 12 ill'rl"3 12.18 FIlON --'JIlITt1 NAIiAeE~lEHT CENTER TO 'J7F 10 P 1 J ~ r\ receipt requested with postage pn:paicL addressed as follows Notwlthstandsn~ the foreiOInr flus ~o"ision does not apJ.>ly to CQpt~. for buyer The School Board uf Palm Beach County Finnda 332.0 I=orest Hili Boulev.Ilrd. Bldg C-331 West Palm Bl'ach, Flomia 33406-5813 Attcntion. DaVid H Williams wtth a copy to Robert M Skakancy Planrung and Real Estate 3320 Forest Hill Blvd (' 331 Wes: Palm Beach, flonda 31406-5813 Robert A Rosillo Legal Department 3320 Forest Hill Blvd C 3 West Palm Beach. Flonda 33406.5813 for seller" Andrew J uiter Vice President MelVin Sunvn & AsSoclates, Inc. IlS West Wasbin,gton Street Indianapolt5 Tnd\a.'1a 46204 with a copy to Rise A Friedman, Bsq Melvin Sunon & AssOCIat~, Ine 115 West WashIngtOn Street IndianapolIs, Indiana 46204 Robert WeXler Ess. Shutt1\ & Bowen Esperante Building 222 Lakev,ew Avenue, Suite 1000 West Palm Beach. Florida 33401 24 The parties hereto thElrr suc.::e8oon, hcir.G and/or asSiSllS recognize! that the buyer !~ exempt from any aM all State, Coumy District, M'.ln:cipal. or local huilding codes, building permits and aSSCSiSments of Cees for buildmg permIts, ordinances and lIllpact fees or se(Vlce availability fees. Sel~r shaH within 30 days of the efflK:tive date of this CCnfr.ICt and after receipt of buyer's preliminary site plan, obtain a wai'iet of any archite~t\lral review from any and all architectural review ':omnUU=> having junsdictioo over the property 25 JURY TRIAL WAIVER. Buyer and seller hereby voluntarily waive a.c~y right which eIther or both Df them have or 'nay have to receive a trial by ji.lry with r~pect to an)' ~ntrCyeniC5 or di3putCl! Wh'Ch may anse out of thlS Contract or which may In any way, directly or indirectly be connected with the property This paragraph shall .;urvlve the Closing 26 RELEASE OF COVENt\..I'\i"TS Withm 30 day:; pnor to Closing of the :!CHer :!Shall obtain a release ()f the following covenants of the ~laratio11 of Protective Covenant~ of QuanruID Park of Boynton Beach ti. ~Clata\wp51 \diX\Agr~lnnQ\.lar.;l!TJV .IlI 11 RMS-bf REVIsED 1112193 l~ ,17' "3 12'le fRON ~OWTH NAHA~eNEHT C~HTeR TO '3?56-l1,e ,. 1 ~ f'.. " ."vhich effect the Property for so long as dle Property is owned by buyer and is used fur a High School and C't" related School Board use. Covenant numbers 4. 1 4. 2. 4 3, 4. 4. 4 5 4 6, 4 7 5 1 5.2 5 3A, BCD 54 5.jA !3 C 56 6 I t'i 2 63 64 6.S 66 I'J 7 68 69, Article VIII as it relates to asses:;ments, Q 1 92, 93 q 6, 97 10 1 10 2 10 3 iO 4 105 10 7 10 8 ArtIcle XII 13 1 14 1 142 14 3 144 Arnc1e XVII AmcJe XIX. and ArtIcle XX!ll WITNBSSES (Twr> are ~qu!rtO) DATE EXECUTED BY ~CHOOL BOARD (SEAL) (SEAL) Chairmaro (SEAL) C. Moruca UhlhQrn, Superirtlendenl WITNESSES (Two arc rCCjuirec') DATE EXECUTED BY SELLER (SEAL) (SEAL) (SEAL) APPROVED AS TO LEGAL l:'O~ ~ /" School Board Attorney I!. yjata\wpS i \d~\A~~ml\Q-~\tumA.lll 12 RMS bf REVISED lli2f93 12"07 1"3 2. , FROM WTH NAH~eEMEHT CEHTE~ TO '37 o P 15 I~ (\ stANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITI.E: (1) A complete abstract of title prepared by a reputable abstract finn purpomng to be an accurate S)'IlOpS1S of the i~trwnents affecting the tItle to that real property recorded in public records of that cou.nty to the date of this contract, showing in the seller a rnartcetabJe title in ac~ordance with title sraIJdardli adopted from time to time by the florIda Bar subja..1 only to hens. <:nl.:umbranc.e" except:cns or qualifications ~et forth in thIS contract and chose which shall be discharged by seller at or hefore c1()s~ng. (2) a tIde guarantee C(\mmitment issued by a qualified title hlSureI agreeing to i:S:S>JC to the School Board. upon the recor<Eng of the deed hereafter mentioned. as owner, guarantee In me amoun: of the purchlUc pncc: insuring the title of the School Board :0 that real prupcrtv subject orJ)' to liens epcumbrances excer~tons or q.Jalifications set fonh in thi:> contrlll:t and those:: which shall be discharged by seller at or before closing. Buyer shall have dmty (30) days if abstract or forty-five (4-;'i days if title guarantee, from the date of receiVIng the eVIdence of title to exanune ~e If title is found to be defective, the buyer shall WIthin said period notlfy the seller in writing SpeCIfy mg the defects If the SaId defects render the title unm.1rketable ~he seller shall have until thirty (30) days. prior to c10smg to cure the defects and If after stud pen<Xi seHer ,hall not have cured th", defect$. buyer ,hall have the option of. (1) :lCCepting tide as It then i~ or (1) demandmg a refund of aU momes paid hereunder which shall forthwith be returned to me buyer and rnereupon the buyer i.nd seller ~ba!l be rcleasc:d of aB further obligations under this com;'act, except for any indemnifications. B. EXISTING MORTGAGES: All mortgages on the property are required to be paid off in full at the closmg so as to insure thlt buyer obtaIns Ihe land free and dear of all hens, mortgages and other encumbrances C. Sl.jRVEY If the buyer desires a llurvey h.;- shall have the propen:} SlL'"veyed at his expense If the survey show:! an encroachment, the same shall be treated as a tide defect in accordance with Paragraph A above . D LEASES: Seller, within 75 days a1ter acceptance of this conU'aCt by buyer and seller, 5Cllcr $ha!1 t.:nninate all existmg leases en the property Seller shall further identify and hold buyer hamtless from any and all such matters, claims and causes of action arising from the same. E. MECHANIC.S LIENS: Seiler shaH furnish to buyer an affida'it that there have been no lmpro'VtlIDents (0 tbe subject property for 90 days immediately preceding the date of closing, and no financing statement5, claims of hen or potem:ial henon known to seller If the property has been lmproved within that time by seller, seller shall deliver releases or waivenl of all mechanics Hens as executed by general comra;;to~, ~bcozIt.r.sctors suppliers. and DUterialmen, in addition to the seller s hen affidavit, setting forth the names Of ~1l general contracto~ 5Ubc;ontractOl'3, supplicr3, and materialInen an<i reciting that all bills for work to the subject property Which could serve as ba:;i5 fur mechan1cs hens have been paid or wi!! be pald at closing F PLACE OF CLOSING: Closini shan be held at the office of the buyer's attorney OT a "by mail" ClOSing at th~ office of the title company or as ot.'1ern-ise agreed upon_ G TIME IS OF THE ESBF.NCE: Time 15 of the essenal of thi& Sale and Purchase Contra.ct- H .d:u:ti .".,,51 \doc\Agrcen'a\QuantumA.m 1~ ,- RMS;bf REVISED t 1f2193 12 0i'rl"3 12'20 I" ~ 0 N ,u 0 .... T H 11 A H A e ENe I" T e H T e III TO '3i',"-"-,e ,. 16 .. ~ 0. H. DOCUMENTS FOR CLOSING. Seller's attorney s:ha.lI prepare deed, seller s affidavit, any ....orrec.tive instruments requIred for pctfccting the utle and _.o&ing statement and submit copie5 of same to bu} er 6: attorney and '^"py of clOSing statclI'W.:lt to the broker at l~.e.st five days pnOt to s\;hcdulcd cl05mg date I EXPr;NS&S: State documentary stamps required on the instrument of conveyance and the cost of recording an" correctIve mstrumems shall be paId by the seller J PRORATION OF TAXES: Taxes shall be prorated on tax for the current year with due allowance being made for the maximum allowable discount and for homestead or other exemptions jf allowed for sald year If the current assessment is not availahle. the tax wili be prorated on the prior year', tax, pm\'ided, however, if thexe ace completed improvements on the subject property by January ist of the yu.af of closmg, which Improvement6 were net in eT.i~tence on January 13t of the prior year, then the tax shall be prorated to as5~3ment to be agretd upon between the parties, bue any tax proration based on an ("_~timate may be adjusted subsequently at the request of either parry upon receipt of the tax bill, and a staeement to that effect sball be set forth in the closing statement K. INSURANCE. If Insurance is CO be prorat~.L the seifer shall on or before the closing date, furnish to buyer all ir..surance pOliCIes or COpIes thereof L. SPECIAL ASSESSMENT LIEl\IS! Certified, conf1IlIled or ratified special ~~ment HeM as of the Gate of doging (and not as of the date of the contra.ct) are to be paid by the .eller Pending liens sa of the date of closing shall be assumed by the buyer, PfQvidcd, however, that where the improvement has been sub~tamially comph~\ed as of th~ date of the contract, such pending liens shall be considered as ~enified, confirmed or taEmOO and (he st:l1er shall, at closing, be charged an amount equal to the last ~:;tirnate by the public body of [he asse.,<:Sillcnt for (he lffiprovement. M PROCEEDS OF SALE The Deed shan be retorded and the evIdence of title contmued, at seHer's expense to sr.ow tItle in the buyer WlthQut any encumbrances or change from the date of tM last evidence tcr.dering seller's litle unmarketable, and the cash proceeds of such sale shall be held in escrow by the Geller s .u.tonlCY or by such other mutually agreed upon Escrow A8ent for a period of not longer than five (5) days, e'tclusive of Saturdays, Sunday:!! and holiday If the se:Iler's title is so rc:ndcred l\I1I11ukctablc, the: buyer's attorney shall, WIthin the said five (5) day period, notify :seller's atto~ in writIng of the <3e!CCt and the seller shall have thirty (30) days from the date of receipt of such notification ti1 cure rhe defect. In the event seller fails (0 timely cure said defect. aU monies paid hereunder shall, upon wntten demand therefor withm five (5) days thereafter, be unmedIately returned to buyer, and simultaneously with such repayment, buyer shall vacate the premises and reconvey by Special Warranty dct:d. In t:le event of the failure of the buyer W make timely demand for refund, he shall take title as IS w:uvmg aU nghts against the seller as to the lUtervcning defect. N A TIOR..1'\lEY FEES M'D COSTS In colu\~tion WIth an)' litigation ari$ing out of the contract, the pn;;vailUlg p<\rty tlhall be entitled to recover all costS lOcurrc:d, including ~onable attorneys f<<5 () CONTRACT NOT RECORDABLE. This contract shall not be ret:orded in the public records of any count) H ,(!ala\ lVp~ 1 'oi.lc',Agreeml\QUatltUnlA. HI 14 KMS':lt kEv\SIID ! If'J93 1.".1.0 ~1.r0?;~')'3 - ~ 1 Cfl'l1f1'\ 11'1 l'Il'l\~l'lefl'le\'l 1'1'\01'1 GJlOIi t\) ... ... ~ -- '-" ~ 9" I ~ 0; , _.-1--- - tJ \ \ -~~ \~- \ t I i E'(\-\\l)\\ A lO '3?!l~,e /' .J." ~ t - - -. ---- ~ .. --- r '. \ \ \ 't ~ .. \ ~ 0 ... . 0. ~.. ~,,; \ 1 \ , ~ "0 \ \ , ~# .~::. --: -------- ------------- 'to ~3?!.\...,.....q0 .. B . , .. F~O~ ~~C~l~ ~~~AGe~e~'t Ce~'te~ { , 12r01r1,,3 12.21 f' ro ')loo \- ..-> -- - ...... V:> \ . ........ t to :-'J-- - - '- ~ ..'"' C '0 - -- r \ .. r(~\tJ\\ -y\ ..- ,. - -------- - - - -- - -- -- -------------------------------- --_.--~-------------- ~---- 12 07 I"'''' 12'2..' F~ON ~~O~TH HRHH~EMfHT CeHTe~ TO '37-~e PI' ,~ " .1'\ Mal1uenancc of Common Ar':aS on Buyer s Property (:I.) Standards Following completion of the .mprovements on the Property buyer shall maintam the COmnl()O areas cf the Property in goud condition and repair The maintenanc-c is to, mclude without lImitation. the followmg ( 1) Mamtammg the surfaces m a !(;:vd smooth and evenJ} -covered condit10n with the type of ~urfll.:;i::!g ITll'ItenaJ on,giru.lIv iM(allcQ Or :5uc;h ~H~titu!e as :shail in all rcspecw be equal in qualitV use and durabllit} CZ) Removing all paper<> mud and scind debri~ tjith aile refuse and thoroughly sweepmg the area to u~e e'Xtent reasonably ncc(:;sa~'~" tt! keep the area In .a clean and orderly condition (~) Placmg keepmg;n repair and r~plai,;mg any necessary appropr.iate directional signs markers and hnC3. (4) Operating. keeping in repaJr and rep1acins. where flC<;C6bary,3u;,;h artificial lighting facilities a~ shall toe reasonably re.qllir~d ('; J Maimainiag all perimeter and exterIor budding walls including but not limited to ail r~taining w:llh in a good condItion and state of repair (6) \1amtaming mowmg weeding trimmmg and watermg all landscaped area and making such replacement!; of shrub!; and (..thc: hUldbClipmg 116 18 ne-;;essarv (7) P~ovidin8 fltClUity protilctibllj'or buyers own properly, t8) InspectIng mamtaimng. repamng and replacing storm and sanitary drainage system storm water dramage 5vstem, e1ectrica, ga.5. Water, telephone and irrigation sys~ems (b) ExpetlSe3 The buyer shall maintaUl it~ own Property EXHIBIT rle" 11.\dau\wp5 \doc',A,;reeTllr\QualllurrAII: RMS hf RF.VTSED lli7J91 TOTI<L P 13