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CORRESPONDENCE I SHUTTS Be BOWEN ATTORNEYS AND COUNSELLORS AT LAW (A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS) 20 NORTH ORANGE AVENUE SUITE 1000 ORLANDO FLORIDA 32801 TELEPHONE (407) 423 3200 TELECOPIER (407) 42S 8316 FRANK B. SHUTTS (1870 1947) CRATE D BOWEN (1871 1959) June 7, 1993 Via Facsimile 407/738-7459 Chris Cutro, Planning City of Boynton Beach Post Office Box 310 Boynton Beach, Florida ARNOLD L. BERMAN JOSEPH D. BOLTON BOWMAN BROWN. P A. ANDREW M. BRUMBY JUDITH A. BURKE JOHN S. CHOWNING. P A. JONATHAN COHEN KEVIN D. COWAN KAREN H. CURTIS, P. A LUIS A. DE ARMAS. P. A. JAMES F DURHAM. n CHARLES ROBINSON FAWSETT P A. ESTEBAN A FERRER ROBERT A. FREYER ROGER FRIEDBAUER WilLIAM ..I. GALLWEY m STEPHEN B. GILLMAN. P. A. ANDREW L. GORDON M ICHAE L L. GORE ROBERT E. GUNN. P. A. .JOHN K. HARRIS. JR. EDMUND T HENRY m WILLIAM N. JACOBS THOMAS H. JUSTICE. m MARVIN A. KIRSNER. P A. JOHN T KOLINSKI RICHARD M. LESLIE, P. A MAXINE M. LONG DON A. LYNN, P A. LEE D. MACKSON ANTONIO MARTINEZ, JR., P A. ALAN 1. M1SHAEL JOSEPH F MCSORLEY Director 33425 C. RICHARD MORGAN TIMOTHY J. MUR~HY PHILLIP G. NEWCOMM, P. A. LOUIS NOSTRO STEPHEN L. PERRONE, P A. GEOFFREY RANDALL SALLY M. RICHARDSON MARGARET A. ROLANDO RAUL J. SALAS ROSEMARIE N SANDERSON SCHADE. P A ROBERT A. SAVILL. P. A. ALFRED G. SMITH WILLIAM F SM ITH. P A. ROBERT C. SOMMERVILLE, P. A. STEVEN SON BERG KIMARIE R. STRATOS. P. A LOUIS V VENDITTELLI, P. A. ROBERT E. VENNEY M. THERESE VENTO BRENTON N. VER PLOEG, P. A. BARBARA E. vrCEVICH, P: A. ROBERT A. WAINGER, M. 0 J. DONALD WASIL JOHN B. WHITE, P. A. JAMES G. WILLARD SCOTT G. WILLIAMS LAWRENCE D. WINSON LETITIA E. WOOD, P. A. KENNETH W. WRIGHT GARY M. BAGLIEBTER KATRINA D. BAKER WRITER 5 DIRECT LINE Re Quantum Corporate Park/Tri-County Commuter Rail Authority Dear Chris 1\ , l( C~ --- STEVEN D. BERES SHEILA M. CESARANO GREGORY L. DENES KATHLEEN L. DEUTSCH JEAN CHARLES DIBBS LINDA W. DILLMAN DONALD P FITZGERALD. m ROBERT BLAIR GOLDMAN JODI M.GRESS DON L. HORN MARY RUTH HOUSTON YOLANDA CASH JACKSON ROBERT P MAJOR JOHN E. MEAGHER JAMES M. O'CONNELL LISA O. 0 NEILL HAROLD EDWARD PATRICOFF LlZA RISO EVERARDO A. RODRIGUEZ ROBERT WEXLER JORDAN BITTEL, P. A. J. SCOTT BROWN JOHN R. DAY P. A. JORGE L. GARRIDO ROD JONES MARSHALL J. LANGER. P. A. ROBERT D. MILLER PRESTON L. PREVATT OF COUNSEL Sorry for the delay, but I am enclosing a proposed letter which follows up on our conversation last week regarding the planned sale of a 9 2 acre portion of Tract 90 wi thin Quantum Corporate Park to the Tri-County Commuter Rail Authority The sales contract between my client, Quantum Associates, and TCRA calls for obtaining a DRI amendment to authorize the use of the property for the intended purposes of TCRA However, I think this requirement was negotiated out of an abundance of caution and clearly is not necessary given the anticipated land use and PID zoning on the overall project If you are comfortable with the enclosed draft letter, please retype it on your stationery, execute it and return it to me at your earliest convenience Of course, please make whatever changes you feel are necessary to accurately reflect Your opinion --~ 1lEC'El';r~~'1~ _ ~U PLANNING D~f{ r. FLORIDA OFFICES KEY LARGO MIAMI ORLANDO WEST PALM BEACH EUROPEAN OFFICES AMSTERDAM THE NETHERLANDS LONDON ENGLAND NEUCHATEL, ~ZERLAND .. Chris Cutro, Planning Director June 7, 1993 Page 2 Thanks again for your help and please call me if you have questions Very JGW cbc 3737w Enc cc w/enc Rise Friedman, Esq SHUTTS a. BOWEN 20 NORTH ORANGE AVENUE SUITE 1000 ORLANDO FLORIDA 32801 TEL (407) 423 3200 , 1993 June James G Shutts & 20 North Orlando, Willard, Esquire Bowen Orange Avenue, Suite Florida 32801 1000 Re Quantum Corporate Park/Tri-County Commuter Rail Authority Dear Mr Willard Please be advised that the proposed use of a 9 2 acre portion of Tract 90 of Quantum Corporate Park by Tri-County Commuter Rai 1 Authority (TCRA) for park and ride and other governmental or community facility uses is currently permitted by the City wi thin the Planned Industrial Development (PID) zoning category and therefore an amendment to the Quantum Park DRI will not be necessary The land use designations in the DRI Master Site Development Plan, including the designation "research and development industrial" are not intended to limit the permitted uses allowed by the PID zoning classification It is clear that the planned use of the proposed 9 2 acres by the TCRA will have the overall long term effect of reducing traffic generation attributable to the Quantum Corporate Park project and is therefore a desirable use of the land I am confident that the Treasure Coast Regional Planning Council is of a similar mind You may direct the representatives of TCRA to contact me should they have any questions regarding the City's position on the land use approval and permitting aspects of their proposed purchase Please advise if I can be of further assistance Very truly yours, Chris Cutro, Planning Director 3736 HOLLAND a. KNIGHT ID 3054632030 SEP 27'93 11 51 No 005 P 0: I LAW Crr1et:E' HOLI..AND &: KNIGHT O~ ~-,t:F'" ON... EAST FlnOWA~L> BLVO po \) FlOX '!tl70 i ZIP VI.:'lOt:-"0701 F"i,I;IT LAUCERf")ALE: rLOHID^ "."!.;oil! "'ORT LAUOCROALl.;. .JACKSONvILLE: L.....KE_AND MIAMI ORL....NDO $'" "'j:!:Tr.'"",O,OVt-t3 TALLAIIA..c..~'--'-- {~Oti. ~ZS-!OOO or C..,uNnL N;.!HRY MAUC.:'I:R n"JIS JCH~&O~ &An'L.["'TT '" L.VN"" P.... ~A).( C.30!::.) .. CJc~ 1:030 ,e:r:' C:Cf4Tf:)AL A'" N~.t. "'.Cl' nON .......1'" .,. ":>>T~I .1 'E'E:-'l~C\'H:t'". r, ';llol,,~' la SJ iIlI':'_oC..~ ........ (...a' ClDa.IDA..", Ssptamber 27, 1993 ...;.,l:.:t.a._ ~Dw"':'~ ."'Jr..."10"l 5 ~'\NK'!l..IP'!'(:'I" G.t..IJ..ut L.1t::.TICI.... p,A"QIO:NTe [9[~N,e ~ GCH......RTZ, ro.':: "l" AM 1-'1' WF'5T "',. LM EH...J\CI-' WASI-llh,jr- T ,...1 "') C li~IQ ,RAti""I", ....yltl...ut. I\"'~[. t:'l" NY I h.,n (~IO' "'... .cX'qn t~It5) "4~ :r,7:) ::I~r,E"^~ oC.:!NC Tt:U:r."!' NC'}; ,,~'" ~l" \.c tt:. ::S~..O"70 VJ;A TELECO~)' Chris Cut.ro Planninq and Zoninq Direotor cit.y of Boynton Beaoh 100 EaGY Boyn~on Beach Boulevard Boynton Beaoh, Florida 33425 Reo Tri-county Rail Authority Station ("Tri-Rail") - city of Boynton 8each Dear Chris }~5 you recall, you and I discussed a number of issues relating to the development Of' the Tr1-Ra1l park and ride facility in Quantum Park in connection with the existlnq station in the city of Boynton Beach (the "C1ty") You and I discussed that there are several matters about which you WOUlQ be willing to provide written statements to Tri-Rail in order to provide the level of comfort that Tri-Rail needs in order 'to complete the acquisition of the property described as a, portion Of tract 90, according to the plat of Quantum Park at Boynton Beach P I D Plat No 8 ("Property"). I will list these by number for ease of reference, 1 }., statement as to the applicable land use desiqnation under both the city's l;:snd use plan and master development plan of the Quantum Park development of regional impact (nDRI"), development. order I as amended ("DO") I for the Property. Furth@rt '.re would request confirmation that the proposed use of the Property (IIProposed Use") I as a park and ride faci li t.y adjacent to the existing Tri-Rail station, is a permitted land use wi~hin the abovQ referenced designations. 2 Confirmation that the Proposed Use meets all requirements of the City'S adopted comprehensive plan. HOLLHND & ~NIGHT ID 3054632030 SEP 27'93 11 ~1 No OO~ P 03 Chria Cutro september 27, 1993 PGqe. 2 3 conf irmat10n that the city' 9 planned industrial district (liP I.D.II) district zoning is applicable to the. Property and that the proposed Use is in compliance with the P. I. 0 ordinance and with all conditions of P.LD. zoning under the City's code of ordinances, in general, and as contained in section 7. Appendix A - Zoning of the Boynton Beach code. Chris, there may be some question reqardinq the fol1olJing porti.;;ms of the P. r. D district requirements and ,V'~ 'Would appreciate your guidance on them: i!l Unified control provisions. We have been unable to determine whether any unified control document exists in the publio records Our title information did not reveal that a unity of title document had been recorded Tri-Ra.il, if such doournent exist!;;, will need a release from the unity of titlQ. I know it is the C~ty Engineer's position that he will allow a split of traot 90 by survey for conveyance to Tri-Rail, but that he 'Will raquire a unity of title aqreement tyin~ the remaininq 2.1 acrQ~ of tract 90 in co!nbination with tract 89B If no such unity of titl(~ exists, then ;no further requirement 8S to the 'I'ri-Rail Property will be necesl;ary to complete a "spli tit. If. howavQt", ..uch dooument does exist We need to know about it; in any event, we would like a repre~Jentation from the city that the. Tri-Rail Property, oompt"i8ing tract 90 minus the 2 1 westerly act"Q", more or less, will not be subjec:t to any unity of title. requirement applicable to the Developer b whether the open space requirement3 set forth in subs@ction H 13 has applioability to the 'I'ri-Rail Propert~r, and if so, in what manner. c The drainage requirement. applicable to the Property. d District setbacks as required in subsection H.16 4 Confirmation that the city's position that nei'ther a notice of pr<>poe:ed ohange ("NOpe") nor a sub5tantial deviation det:ermlnation is required in order to allow the Proposed use to be made of the Property 5 Cfuidance aB to the city's requir811lent as to the designation of . (] CPtcres of microsi ting tor the sand pines scrub preservation area. You ard I had discussed that possibly this requirement would be waived in favor of the developer dedicating a large unified area for sand pine scrub preservation on a portion of Quantum park lands located to the west. Of' the property We had also discussed the possibility ot allDwing landscaping along the westerly portion ot the Property to function and serve as the micrositing requirement ~ AW (.)1 H:.L.!.... Hell T.A."nl & K:>.I1GHT ~OLLHND ~ kNIGHT ID 305463L030 SEP 27'9~ 11 52 No n05 P 04 Chris cutro 5eptember 27, 1993 page 3 We need confirmation as to how the micrositinq requirement will be applied to the Property. 6 .~ statement that all existing conditione and raquirG~8nts of the Development Order have been met, with the Qxception of {i} condition 24 of Ordinance No 84-51 rela'tinq to the DevEaloper '. contribution to the County fer intersuaation improvements for Congress Avenue and Boynton Beach Boulevard; and (ii) oonditions 26 and 27 cr Ordinance No. 84-51; relating to the Developer '(5 contr.ibution for construction of improvQlI\~nt.1I: as st.ated in the condi'tions We also need to hQ assured that. tho City will not look to TrL-Rail for complianc@ with 'thQSO conditions. 7 A statement that the city will not look to Tri-Rail for enforcement for any conditione of the Development Order; with the exception of requirements spaoificallY affeoting the Property and deal ino with landscaping, irr igat.ion, and l'Iulint.entlm;e In addition, 'that the City will not., in the event. of llny default by the D,~v@loper , rQfu~e to issue and development permit, including a certificato of ocoupancy, for 'the Property. s J~ ct.atement. that. there are no additional trarric impact requ.h~emontB t.o he met. by Tri-Rl:lil or the Developer, lncludlng payment of impact fees for Tri-Rail's Proposed Use. 9 J~n acknowledgement that the only approvals remaining to be obtainod from the City for t.he construction of' the proposed use are approval of a site plan, issuance of a building permit, and isguanoa of a certificate of occupancy. 10, }.n opinion a" to whether, under sect:1on 39 or Ordinance No, 84-51, the requirement for the provislon ot on-site security during all pheuses of construction applies to construction of the Proposed Use, and if $0, the specific requirements for compliance therewith Chr-is, r realize we have covered a lot of ground in this lette~', and! will be happy to discuss this with you. r certainly appreciate your attention to our needs and to this matter Very truly yours, HOLLAND & KNIGHT FTL-84246 ~ ~~'::tC I......w C,I-"'I('~!":!. H01.LAND 8. J{'S'H"fTtT -- ..... R~p'" 'J., F"r1 laUtkrd..k Oi'fi,'c QUANTUM CORPORATE PARK December 9, 1988 Mr Randy WhItfield, Executive DIrector Metropol itan PlannIng Organization POBox 2429 W Palm Beach, F!orlda 33402 Re Tri-County Commuter Rail Station Quantum Corporate Park Dear Randy In accordance with our telephone conversation yesterday, please forward to me one copy of the County resolution once It is passed next Tuesday With respect to the resolution you are preparIng for the MPO, I would also like one copy of that as soon as it Is available I spoke with Carmen Annunziato on Tuesday at which time he read to me the resolution for the City of Boynton Beach which was passed Tuesdav evening It appears as if the completion of these resolutions wi 11 get our work on an access road underway WIth respect to the access road. I have done the following In accordance with our meeting involving yourself. Herb Kahlert from Palm Beach County, and Peter Cheney and Carmen Annunziato from the City of Boynton Beach 2 Jim Zabel of Ryan Incorporated Eastern has provided me with a proposa 1 for construct i ng a temporary access road on Quantum Park property to be used by the Developer The access road wi! 1 be a 24 foot wide asphalt surface, 1" thIck, appl led to a 6" shellrock base The base wi II be 26 feet in width and compactetj as required to support heavy duty traffic At the completion of compactIon, the City of Boynton Beach Inspectors will be a5~ed to Inspect the road and a compaction verification test will be taken :BC~IVED The road w III conform to ex I st I ng natura I grades as much \\ possible, and wi 11 be naturally drained There wi 11 be no ;) 1<j88 street lightIng or piped drainage involved Culverts will be QEC 1 installed only if necessary to accommodate the required ",,\'iG u...?l. 0' "'t",\"l .. dra i nage ( ~... A Deutsch Irela~ Meb'in Simon Joint Venture The 110 Tower. 21st Fhx. 110 Southeast Sixth Street. Fort Lauderdale FlOrida 13301 3-tI'i Broward (305) 763-8888. FAX (.105) 763-8996 . Palm Beach (4071 734-3555 . Dade (105) 44'>-11110. HOO-411-5114 The Building. 1125 Northeast 125 Street. North Miami Florida 331M (305) 891-6806. (-AX nOs) 119'>-8241 Mr Randy Whitfield, Continued December 9, 1988 Page 2 3 With respect to c I ear ing, cl eared area wi 11 be mi n imized in order to preserve existing Sand Pine Scrub which exists within the entire area No additional foreign landscape material will be Introduced to the area I am currently awaiting confirmation from Ryan Incorporated Eastern as to when they will begin construction I have given them an authoiizatio. to proceed with the work It is anticipateu that the work will be camp I eted with i n th i rty days When the roadway has been completed, we will enter into an agreement with the County to provide the following to the Tri-County Rail We will allow the Tri-County Rail Organi~ation to utili~e this roadway for construction access to the Commuter Rail site during construction At the completion of construction. we will permit the Tr i-County Ra i I Organ i zat i on to ut i I i ze th is roadway for access to their station until such time as Quantum Corporate Park, Lot 90, is fu II y deve loped At such time that Quantum Corporate Park Lot 90 is developed, the access road may continue to function in its existing location, or be modified as part of the site ljeve 1 opment and prov i de new access cons i 5 tent with our easement to the Tri-County Rail Organization 2 I n order for us to a II ow ut i I i zat i on of th is temporary access roadway for the Tri-County Commuter Rail Station access. we must ask that both the City of Boynton Beach and the County Engineer inspect and approve the road upon its completion Furthermore, we request that the road be striped along with your station parking lot striping to provide a 3' pedestrian walkway striped off a long the southern edge of the roadway, and two 10' 6" roadway 1 anes These 1 ane mark i ngs are cons i stent with my discussion with you as you confirmed with Irving Cure Mr Randy Whitfield, Continued December 9, 1988 Page 3 Thank you for your help on this matter I am eager to receive copies of the resolution since we need to work on the programming of the Interchange Immediately Very truly yours, - GWZ aem CMPO) CC Mr Edward B Deutsch Mr Michael J Toll Mr Carmen Annunziato Mr Peter Cheney Mr Herb Kahlert Jon C Moyle, Esq David S Pressly, Esq DQard u-f County Commissioners Carol A Roberts, Chair Carol J Elmquist, Vice Chairman Karen T Marcus Dorothy Wilken Jim Watt County Administrator Jan Winters November 7, 1988 Department of Lngineering and Puhlic \\ arks H r Kahlert County I:.ngineer Peter Cheney, City Manager City of Boynton Beach Prime Bank Plaza 211 S Federal Highway Boynton Beach, Florida 33435 Re Tri-County Commuter Rail System Project No 88307 Boynton Beach Station Dear Sir Through a joint participation agreement, Palm Beach County is administering the construction of the Boynton Beach Station for the State of Florida Department of Transportation This facility will be funded by the State of Florida and will be constructed on Department of Transportation property with the exception of the access road Rossi and Malavasi Engineers, Inc has prepared the Construction Documents to meet the requirements of the Tri-County Commuter Rail System The uniform design requirements for each station was established by the Tri-County Rail Organization In agreement with George Sirianni and Clay McGonagel of the Florida Department of Transportation, the jurisdiction for this facility has been established as follows 1. The portion of this facility to be constructed within the Department of Transportation property will be under the joint jurisdiction of the Florida Department of Transportation and Palm Beach County The Palm Beach County Architectural Division will administer the Construction Contract for Compliance with the Contract Documents. Under State Statutes, this facility will be exempt from local jurisdiction It is therefore determined that the City of Boynton Beach will not have responsibility for that portion of the facility constructed within the Department of Transportation property and a permit will not be required 2 The access road and drive portion leading up to the Department of Transportation property line, and being outside that property line, will be within the jurisdiction of the City of Boynton Beach This portion of the facility will be constructed in accordance with the City of Boynton Beach current requirements Accordingly, the successful Contractor will apply for a permit with the City of Boynton Be~1rlT~1C> Building Department The Architectural Division will adm~~~~ Construction Contract for compliance with the Contract Documents 'A E 1 0 'Aff" , A "I NQ\I 1'f '. n qua pportumty IrmaHve cHon Emp oyer BOX 2429 WEST PALM BEACH, FtOR:rD."~ 33402-2429 (407) 684-400q>LANNn~G Of.-R=. - - Page 2 November 7, 1988 If you need further clarification from the Department of Transportation, you may wish to contact Clay McGonagel, Department of Transportation Attorney at telephone number (904) 488-9425 If I can be of further assistance in this matter please contact this office at (407) 684-4060 Sinc/~e?l/ 9;;:'~ lh ~-=:-: / J~el 'Easom, R A , CSI, CCS ~onstruction Administration Manager JEE:tjd cc: John T Wasukanis, Director - Architectural Division George T Webb, Deputy County Engineer Herbert F Kahlert, County Engineer K C Collette, Assistant County Attorney George Sirianni, Department of Transportation Clay McGonagel, DOT Attorney Carmen Annunziato, Planning Director - Boynton Beach ROSSI AND MALA VASI ENGINEERS, INC. CONSULTING ENGINEERS r61~ - R&M+ ~l~ FORUM III SUITE 407 1675 PALM BEACH LAKES BLVD. WEST PALM BEACH, FLORIDA 33401-2179 TELEPHONE: (407) 689-0554 October 24, 1988 Mr Carmen Annunziato, City Planner CITY OF BOYNTON BEACH POBox 310 Boynton Beach. Fl 33425 Re Boynton Beach Commuter Rail Station Dear Mr Annunziato Enclosed for the City's review and approval. are six (6) sets of the Construction Drawings and six (6) copies of the Landscape Drawings for the referenced Commuter Rail Station Mr Joel Easom of the County Engineer's office. who is administering this project, is in the process of obtaining the required documentation establishing jurisdiction on the station design Very truly yours. ENGINEERS. INC ER jp Enc