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CORRESPONDENCE i='ROM GENTRY E~~GINEERING ~--" . S. If-Ie. PHONE NO. 407 272 7741 - D01 I, ,'id (If I iJUlll~ CI;llrni~,jlll1l'I" CIIIJlII~' ,\.!Jllin,',!r;!'" t . ,I ~1'd~l. l h:\lrll'I:lll \I"",ill\ \"III.,,!I. Vi,,' (h:tirlll:\ll I', i'n \\ \',\,1l1 lh'llJ)" I',l:mhln 11111 II-:i!\-- A 11eN1!O/'J to c,-ry /11 ANA r;a 1\ dill ( Mr. Carmen S. Annu~2iato Director of Planning City of Boynton Beach 120 N. E. Second Ave. Boynton Beach. FL 33435 sun.IEeT; Gul.fstream Heights Subdivision - Right of Way Dedication fo~ Swinton Ave. Dp.pa'trn'~": 01 Erv.lil1( i'II~,',l and J-'til.h!. '.\)1;1' r. ~l F, I'- ilt1111 ~ CCl\ln\, F.nyi"N!I March 19. 1984 ~@~u~~ FEB 2 2 1996 L"",J PLANNING AND ZONING OEPT. Dear Mr. Annun~iato: On March 8. 1984, a meeting was held between Burl Gentry. agent tor the subject project. ~nd Andrew H~~tel of thi~ ufficc to discuss the r.ight of way dedication to be made by this project for Swinton Av~nue, north of Northeast 22nd Street. As this proposed .ubdiv1sion fronts on apegment of Swinton Avenue. which is not included in the CounLy'$ thoroughfar~ plan, 3nd th. existing righ~ of way for Swinton Avenue is 60 feet wide, I feel no additional dedication should be required. If you hCive any questions or require acldition3-1 inform-"t1nn. please do not hesitate to contact this office. Sincerely, OFFICE OF THg COUNTY F.Nr.lNEER Charles R. Walker, Jr.. F.E. Director. Traffic Division CRW:ASH:ct cc: Burl Gentry 60>< 2429 wtST PALM 8EAC~. FLORI f)^ 33~02 (30b) 684,4000 ,',' --.--.. ~ ~ e 1wr)~ ~ if f0h&an?;& {d:tJv-()~ ~~ tL- - \ 00 "'" 981 ill ! GANG ~ OEPT. e,.",..-.: 222 goat/" Ult./7. ~ 4, gai4 204 *fY~ta, f7/mida 33469 *(407) 744-7420 *f7ax (407) 7#-2887 January 16, 1996 VIA FAX Ms. Tambri Heyden Planning and Zoning Director City of Boynton Beach 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Re: Hills at Lake Eden PUD - File No. REZN 95-002 Response to January 10, 1996 Letter to Burl Gentry Dear Ms. Heyden: I was retained by Mr. Frank Pinto, owner of the proposed Hills at Lake Eden PUD, to address the protection of gopher tortoises (Gopherus polyphemus) on his property in July 1995. Due to the poor quality of the habitat and the size of the proposed preservation areas, Tom Stice, Florida Game and Fresh Water Fish Commission (FGFWFC), and I agreed that the best option for the long term survival of the gopher tortoise population was to relocate the tortoises off-site to a restocking area with suitable habitat and a viable population. To secure a gopher tortoise relocation permit, I conducted an environmental assessment and gopher tortoise burrow survey on the Hills at Lake Eden parcel. Terry Walker, C&N Botanist, and I surveyed the entire parcel. The site was so overgrown and infested with exotic vegetation and nuisance vines that many areas were impassable without cutting with a machete. The oak scrub which dominated the native areas of the parcel was senescent due to lack of fire management and the canopy closed and overgrown with vines. Very little ground cover existed, therefore, virtually no forage base for the tortoise population existed except in the cleared survey cuts and in small areas in the northwest portion of the site. Most of the tortoise burrows were located along the cleared survey lines, the only areas with grasses and forbs necessary as food resources for the tortoises. An environmental assessment conducted in December 1988 by George G. Gentile and Associates, and reviewed prior to survey, indicated that Ms. Stella Rossi had visited the site and observed at that time that the "overgrown condition of the site had caused the gopher tortoises and other animals to leave". This was supported by George Gentile's findings of abandoned gopher tortoise burrows. "Brazilian pepper (Schinus terebinthifolius) dominated the southern portion of the site and was scattered throughout the site" in 1988 at the time of this report. A large stand of Brazilian pepper also occurred along the west and south boundary of the site. Other exotics such as mango (Mangifera indica), ficus (Ficus benjamina), and schefflera (Brassia actinophylla) had become established on the site. It is also interesting to note that the assessment stated that the best of the scrub occurred in the northwest portion of the site. In conducting my assessment, I reviewed Palm Beach County's Environmentally Sensitive Lands Map and found that the site was designated as "C" quality habitat and not slated for preservation by the County. My research further indicated that the south and western portions of the site had been cleared of vegetation prior to 1968 as evidenced by the dominance of exotic, weedy, nuisance species in these areas. The Coalition for Wildlife Habitat considered purchasing the site in 1985, but declined. Eight years have passed since the Gentile assessment was conducted. Over this period of time, the site has continued to be unmanaged. Scrub is a fire dependent community. Without fire management every 5-10 years, scrub succeeds into xeric oak hammock, a senescent community which no longer provides habitat for species characteristic of scrub. With fire suppression, faunal and flora species such as gopher tortoise, scrub jay (Aphelocoma coerulescens coerulescens), pawpaw (Asimina reticulata), sand pine (Pinus clausa), and herbaceous vegetation can no longer persist. Fire returns the habitat to earlier successional stage, in effect, rejuvenating the scrub community. Mechanical management (selective clearing) can also achieve some of the beneficial effects of fire, as evidenced by the cleared survey lines supporting herbaceous vegetation species and gopher tortoise burrows observed during the 1995 survey. The long term result of exotic species infestation and fire suppression is habitat degradation. The site currently provides very little value as habitat for wildlife. Without management, the site will continue to degenerate into a dense understory of Brazilian pepper, vines, and other invasive exotic plant species such as Surinan cherry (Eugenia uniflora). All characteristic scrub species will be lost. Most of the oak scrub has already achieved senescence and exists as xeric oak hammock. In response to Question #2, regarding the west section (approximately 1/3) of the subject property which was cleared prior to 1968, "Why does the flora survey depict approximately 1/4 of the determined remaining preservable area to be located within this area previously cleared?" As the 1988 Gentile Environmental Assessment indicated, the northwest portion of the site which was previously cleared was in effect mechanically managed to set the successional clock back to scrub. Enough of the seed source survived clearing to become established throughout this section of the property. Exotic vegetation occurs in this area and even dominates the perimeter of the site in this area, however, exotic vegetation occurs throughout the site. The areas dominated by native scrub vegetation are open and have a viable ground cover, shrub, and canopy component. With removal of exotic vegetation and continued management, the area will naturally revegetate with scrub species. This is evidenced by the abundance of pawpaw, silk grass (Pityopsis graminifolia), sand pine, and other species characteristic of scrub which now occur in the cleared survey lines and which are recruiting in the cleared area in the east portion of the site. Pictures of these areas are attached. 2 In response to Question #3: "Why was a portion of the area to be designated as preservation area selected from the previously cleared area if the flora survey locates few existing trees in this area?" As stated in the 1988 assessment, the best scrub occurs in the northwest portion of the site. The soils and seed source necessary for scrub occur at the ridge line in the west portion of the site. Much of the area currently supports open, healthy scrub with no slash or scrub pine canopy. Most of the gopher tortoises were located in this area. Admittedly, some of this area is dominated by exotic vegetation, but remnant scrub species continue to persist in this area. With exotic vegetation removal and continued management, this area will revegetate as healthy scrub without the competition of invasive, fast-growing, exotic plants and nuisance vines. At Sugar Sand Park in Boca Raton, I used a bulldozer to lightly scrape out overgrown areas of oaks, saw palmetto (Serenoa repens), and Brazilian pepper. These areas successfully revegetated in scrub species within a two year period (see attached photographs). As long as the seed source and suitable soils are present, scrub has the ability to reestablish itself, and with continued management, will persist over time to provide habitat for a wide array of scrub and other wildlife species which occur in South Florida. If you have any further questions, please do not hesitate to call. Sincerely, C&N ENVIRONMENTAL CONSU c~~~ President/Sr. Biologist cMc/aj Attachment cc: Mr. Frank Pinto 95-042 3 112"----______ " .' PINTO ;,--...:."",,--:;.0.1. PlOt,., --Fax: 3054269669 - -(9 08 16:58 1 G.(. Gf::t-.fTILE l" . _soc~ .... ~s.ul\d-- ,. george g. gentJle & assoerc.tes, inc. landscap6! architects/planners December 6, 1988 Adair &- B:rady 1959 S, Congress Avenue We~t Palm Beach, rlorida 33406 Attention: Lee Sta~ky, Vjoe President Re: Boynton Beach Environmental Assessment Dear Lee: The fOllowing jg the e~vironmental assessment for the 15 acre parcel of land located between Seac1"'est Soulevard and Swinton Avenue along the southe~n boundary of the ojty ot Boynton Seaoh, known to Our of f ice IlS Gultstrealn Heights. After S-V&ra,l' 8i te' 1nspections and analyses, ou~ office h_s determined the SP~ojtjc types of ecosystems found on thls site. These ecosystems include the wildlj!e ~pecie., plant species and soil types. We have also determIned the most fUnct!onal and environment.Jly sound location for the 3. 7 5:t ~o re pree$rved area (25% 0 t thena t 1 va pJant communities). The wildlife on this site inoludes several var.1et.1es ot small mammals including ~accoons, rabbits, opOSsum., mice an~ squirrel~: sevs1:'al types of birds inoluding swallows, wrens, doves, wood peekers, mockingbirds; and several different rGptl1es and arnphibian$ such as southern ringneck snakes, oouthern blaok racer 9, box tu:t"t lea, liza:rds, and frogs. Du:t' jng OUr researeh regarding the wildlife, our oft1oe contacted Stella Rossi ot the Coal! t 10n tor Wildlife Hah.t tat. tz'hree yea1"lII-ago, 'l:he CQal! t ion Was thinkihg of purchasing the site. During this time Mrs. Rn~~i V!Sit8d the sit. and obsarv~d similar wildlife. She obse~ved at that time, gopher tortoise and a grey tox residing on this ejte. However,l~h. felt that th. overgrown condition of the sjte cause~ these animals to leave ," which is reinforced by our f 1nd-ing9 of abandoned gopher tortoise holes. The eastern two-thirds of the property is dominated by a Pine Flatwood Plant Commuhity. A d~$tinct ecotone or connecting zone links the fJatWCods to the S~~tib Plant Com~unity which dominates the western third of the Pf'operty. The be~t of the scrub is in the northwest portion. p . J.~.Li.JLS OF LAKE EDEN PHOTO 3: DISTURBED SCRUB SUGAR SAND PARK Boca Raton, Florida SCRUB RESIORA liON --. SUGAR SAND PARK Boca Raton, Florida SCRUB RESTORA liON .6-1996 17:59 ~ROM PSMJ TO 37561219121 P.12I2 MEMORANDUM TO: James A. Cherot, Esq. FROM: F. Martin Perry SUBJ: Newport Properties, Inc. Re: H~lls of Lake Eden POD Boynton Beaoh January 16, 1996 DATE: ***************************************************************** This will confirm my advice to you by telephone today that my firm is not representing Newport Properties, Inc. relative to the Hills of Lake Eden PUD scheduled for the city commission Meetinq tonight. Furtherr I will not be in attendance at toniqht's meetinq. al"7' .~. .,~- oc fi~. 9.N: TOTAL P.02 %e City of $oyn ton $etUh 100 'E. 'Boynton 'Beadi 'Boulevard Po. 'B~310 'Boynton 'BelUfi, :.rforUfa 33425-0310 City :Ha{f: (561) 375-6000 :.rJ1X: (561) 375-6090 December 18, 1996 Burl Gentry Gentry Engineering and Land Surveying, Inc. P.O. Box 243 Delray Beach, Florida 33447 Re: Hills at Lake Eden - File No. REZN 95-002 (Rezone from R-I-AAB to Planned Unit Development (PUD)) Dear Burl Gentry: As the applicant for the above-referenced project, enclosed is your rectified copy of the master plan approved by the City Commission on February 20, 1996. This is being sent to you for your files as it has been rectified and staff comments have been addressed and accurately represents the approved master plan for Hills at Lake Eden. Sincerely, -<i~jvZA )~ l-L:t#~ Tambri J. Heyden, AICP Planning and Zoning Director Attachment TJH:bme d: \share\proj ects\hilleden \tmsappl. wpd 5Im.erica 5 (jateway to tlie (julfstream fJ1ie City of $oynton $eacfi ,,~~,/ 100 'E. 'Boynton. 'lJuzdi tJJoukvanl 'P.O. 'Bo~310 'Boynton 'BeD&, %nitfa 33425-0310 City 9faIl: (407) 37UOOO '.flU: (407) 375-6090 October 21, 1996 Mr. Frank Pinto 320 S.E. 2nd Avenue, B6 Deerfield Beach, Florida 33441 Re: Hills at Lake Eden PUD (preserve area reduction) Dear Mr. Pinto: I have received a response from city administration regarding whether the 1.30 acre preserve area approved at the time of the rezoning to PUD for Hills at Lake Eden can be reduced administratively to 1.05 acres. Their response was that it could not and would therefore have to be reconsidered by the City Commission (i.e. - a master plan modification application would be necessary). As discussed with you last week, there is a $500 filing fee, letter of submittal, and 12 sets of modified master plans required for such a process which takes approximately 1 1/2 months to complete. For further details regarding this procedure, you may contact Mike Haag of my office at 561-375- 6260. Sincerely i1'7~\Y/Jia':fit /v '""r'Tambri J. Heyden Planning and Zoning Director T JH:dim xc: Burl Gentry, P.E. Mike Haag Central File D:\SHARE\WP\PROJECTS\LKEDEN\CORRES\PRESERVE.WPD J4.~rU;a s (jateway to tlie (julfstream 5; V_('-)..~M< { CJJU City of r:Boynton r:Beacli "~/ 100 'E. 'Boynton 'Beam 'Boukvartf , P.O. 'Bo~310 'Boynton 'Beadi.,:Jforitfa 33425-0310 City:Jfa1[: (407) 375-6000 :J.9lX: (407) 375-6090 June 26, 1996 Burlison A. Gentry Gentry Engineering & Land Surveying, Inc. P.O. Box 243 Delray Beach, Florida 33447 Re: Hills at Lake Eden PUD REZN 95-002 Dear Mr. Gentry: The total fee and amount to be reimbursed in connection with the processing of a request to amend zoning conditions for the Hills at Lake Eden PUD, REZN 95-002, are as follows: Cost of Staff Review Advertisement Cost $ 462.85 .+ 505.00 Total Cost . . . . Less $1,000. Retainer. $ 967.85 - $1,000.00 Total Reimbursement. $ 32.15 The amount of $32.15 is in the process for reimbursement to Newport Properties, Inc. A check should be ready Friday, July 5, 1996, and mailed upon receipt from finance. Very truly yours, ~J:~; ,;d/~ Tambri J. Heyden Planning and Zoning Director TJH:bme xc: Central File a:RevCost.HIL 5tmerica s (jateway to tlie (julfstream Gentry Engineering and land Surveying ~ @ ~ u Wi ~ Iml c .MAR - 7 1996 1 LJi , i ----J ' PLANNING !IND ZONING DEPT. , --~--,~..J 1'7 ~ t h (p z {i'Le P.O. BOX 243 DElRAY BEACH, FLORIDA 33447 PHONE: 272-1924 I t L_ Member American Society of Civil Engineers American Congress of Surveying & Mapping Member Florida Society of Professional land Surveyors March 5, 1996 Ms. Tambri J. Heyden Planning and Zoning Director City o~ Boynton Beach Planning and Zoning Department 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Fl. 33425-0310 Re: Hills at Lake Eden PUD ordinance reading March 5, 1996 Dear T ambr i , In response to our phone conversation this date, we are ~ollowing up with our letter to you concEnning tlH3 Hills at Lake Eden, PUD Rezoning Petition which was approved by the Boynton Beach City Council on February 20, 1996 and concerns the agreed upon conditions which is attached to the proposed ordinance going ~or ~irst reading be~ore the Boynton Beach City Council tonight, March 5, 1996. As we discussed the developer has agreed to set aside the tree preservation areas designated as Tracts C and D, on the attached site plan, noted as Exhibit C and clearly described under comment No. 13, listed under the Administrative Conditions, which states that Tracts C and D shall be separate tracts and not easements and it was agreed at the City Council meeting that the lots which formally contained said tr-ar:t.s C "Hili D would be reduced to that area remaining a-ftf'}r- said tracts are taken out o~ said lot areas and the tracts would be dedicated sepa~ately to the Homeowne~s Association. In the additional Conditions ag~eed to by the City Council p~io~ to ~inal app~oval that the pe~imete~ lots would ~emain as indicated on the attached site plan noted at Exhibit C and all pe~imete~ lots would be a minimum 9,000 S.F. which would include the landscape bu~~e~ easements along Seac~est Blvd. and Swinton Ave. and the inte~io~ lots would be ~educed as p~eviously discussed, to the minimum a~ea o~ 7,150 S.F. which would be the minimum a~ea ~emaining a~te~ the t~ee p~ese~vation t~act a~eas we~e taken out. We ~eel that Item 34 should be co~~ected to only list T~act C and 0 as t~acts to be set aside and dedicated to the homeowne~s association as pe~petual p~ese~ves. We ~eel i~ the said Item 34 is co~~ected to be consistent with Item No. 13, then all o~ the conditions would be in ag~eement and this would help eliminate ~utu~e con~usion and the develope~ is in ag~eement to p~ovide you with the ~ecti~ied maste~ plan as listed in Item No. 37, p~io~ to site plan and ~inal plat submission ~or the Hills at Lake Eden, PUD. I~ you should have any questions ~ega~ding the above, please contact my o~~ice. INC. FRCt'l GENTRY ENGINEERIN~ L.S. INC. PHONE NO. 4137 272 7741 - P02 Gentry Engineering and Land Surveying, Inc. P,O. BOX 243 OElRAY BEACH, FLORIDA 33447 PHONE: 272-1924 Member American Soci.ty of Civil EnliM~rs American Congress of SUNeying & Mapping Member Flmkla Soc:.iflty of Professiooalland Surveyors Mal'ch 5, 1~~6 Me. Tambri J. Heyden Planning and Zoni~g Director City o~ Boynton B.ach Planning and Zoning Depa~tmpnt 100 E. Boynton B8ach Blvd. P.O. Box 310 Boynton Beach~ Fl. 33425-0310 R.: Hill~ At L.ke Eden PUO ~yd1n~nc. r..din~ Ma~~h 5, 199~ Deal' T .amb.... i , In ~.sponss to ~Ul' phone conversation this data, W. ...... ~ollo"'ing up with OL(~ letter to you concwrr1illg th.2- Hith. .at Lake Eden, PUD Rezoning Petition which was approved by the Boynton 8each City Counl;i 1 on ~llbn.,I,aI'"Y 20. lc;.C?6 .nd conce'-ns the agro@d UpCIn conditions which is attached to the proposed ordinance going ~Q'- ~t~~~ ~~~dinQ b.~or& th@ Boynton Be~ch City Council toni~ht, March 5, 1996. As we discussed the dev~lop.r ha. agreed to set aSlde the tree pr...rvat1on ar... dOGignatQd ~s Tr~cts C a~d 0, on the attJchcd GitD pl.n~ I"lot.ed a. Exhibit C <lnd clcJrly d~Gct'ibEld under ,;,;ullIIllenL Nu. 13, listed under the Admini:!>b'alive ConditiOflloo, wh.h.;h bLdLt:!5 that Tracts C and 0 shall bel GQpa,.....tQ ll"_<;;t... OilmJ r1C;,t. ealBementl!! and it. waG agreed .t. the City Cou.nci 1 m..tin; that the lobi which for-mally cont...,.lllblU said trJ~t--!~ c: .:lr',d D wCluld be niHJUL.;Etd Lu Ltldt. al-ea ,-emaining o!lrt.FW s.aid tracts are taken out of ..id lot areas and the tracts wou.ld ~u FROM GE~HRY ENGINEERING ""'-1_. S. INC. PHONE NO, 407 272 7741 - P03 dQdicatgd &sparat.ly to th. Hom.own.~. A.sociati~n. In tn. additional Conditions agreed to by the City Council p~ior to final approval that the perimeter lot. would ramain as indicated on the attached sit. plan not~d at Exhibit, C ~nr;t o!'lll perim...ter late would b. .. minimum 9,000 8.F. which would include the landscape bu~~er easements alon~ Seacre&t Blvd. and Swinton Ave. and the interio~ lot& would be reduced as previously discussed, to the minimum arB. oT 7,150 S.F. Wt~"II..,'~ IN'-'~.6,U UW '-II. fnll~.L"'i.lI.'" .r.. "."'."IIJ.f.W .,........, '-,." \.of.. tJr...rv.r....vI' tract areas were taken out. We feel th~t Item 34 should be corrected to only list Tract C and 0 as tracts to bw wet _.ide and dedicated to thp nnmp~wn~r5 A5~nciaticn as perpetual preserves. We feel if the said Item 34 is correet8d to be consistent with Item No. 13, then alloT the conditions would be in agreement and this would help eltminate future con~u6ion and the developev 15 in ~gr8em.nt to providg you with the rGcti~i~d master plan as listed in ItQm No. 37, prlur La ~lte plan and final plat submission ~or the 11;1 If"; at Lake Eden, PUD. lof: you 1iho~Ald h.vEi! any questions I'4sgat"ding the above, plo.:1!::o contact my office. INC. 2-1 6-' 996 9: 25A/,1 FROH UNRUH St' 1 ITH ~SSOC 407 655 5525 P.2 -, " .' Barbara J. Boblein, B101og1st Bnvironaental Services 6083 Ungerer street palmi Beach Gardans. ~L 33418 (4071) 144-8112 1 , January 12, 1996 Me. Ellen smith unruh, smith, and Associates 105 south Narcissus Avenue suit. 503 West; Palm Beach, FL 33401 i SUBJECT: EVALUATION OF PROPOSED PRESERVATION 'l'RAC'l'S, HILLS AT LAKE EDEN, R43-T46-S04, PALM BEACH COUNTY Dear'Ms. Smith: I I I haVe reviewed the preliminary gita plan for the above-reEerencad pl'oject. I The proposed preservation areas, as they are dapictQd on the site planJ will not allow for the lonqterm preservation of thfi habitat to be set-aside. Long narrow linear preserves are exposed to a number of intrusions known a.s edge effect 'flhich degrade the quality of habitat over time. The pla.cement of homes on both sides a! the two prec:servatiotl areas, will accelerate this edqe effect and eompound the deqradation of native habitat which it proposes to pre.serve. The prellerve area&! will be invaded by t.he sod qrowing in the yards, exotic ornamental landscape material planted in and around the preserves, mowing, dumping and a number of yard e.ccessor'ies including but not limited to patio furniture and jungle gymS!. Preserve5 will also be affected by yard runoff which ~ypi~allY includes nutrients from fertilizer~, and various pesticides and herbicides which also degrade these areas over time. I I Deed.! restrictions on lots which contain portions of the preserve area5 may look gooa on paper but in reality will become a never- endibq enforcement nightmare particularly 5ince individual property owne;rs own small pieces of the overall preserves. In my previous position reviewinq development plans for compliance Wlt~ Che Env1ronmentally 5snslt1ve Lands ordinance with the Palm Beach county Dept. of Environmental Resources Management, I had the oppor1:un1ty 1:0 rev1ew and observe narrow l1near preserves s1m1lar to what 1s proposed 1n this project. aased upon my past 01:)seirvat1ons, t1'11s type ot preservat10n w11l not work. Development projects approved in the past, both com~ercial and residential, I have: fai1ed to maintain the hablta't wh1ch regulat.1on sought t.o pres~rve. Tne e0ge effect from t.he var10us types of ~evelopment on narrow 11near preserves was sign1ficant. A good example of such degrladatlon wlth1n a reS1Qent.lal development. lS the BlUffs Of I :'[u~ I r!] ri~^-'] ~"~,l1~' . -< ,-~ - -' .. ,~- ,",- ui "' ,':~~, PLANNING AND " ,., ~,' ZONING DEPT. [IT' DF DElRAYIEA[H ,!!i. jl~' \..l GtO '. DElRAY BEACH , l 0 . In... td.b:II f'iTfP !l)l)j 100 N.W. 15t AVENUE. DELRAY BEACH, FLORIDA 33444 . 407/243-7000 January 11, 1996 Tambri J. Heyden, Director Planning and Zoning 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425-0320 RE: Hills of Lake Eden PUD (REZN 95-002) Traffic Analysis of the Gulf Stream Blvd. Extension Dear Tambri, In response to my previous letter to you regarding the above referenced project, the agent for the project, Burl Gentry, submitted traffic information related to the development itself and to the proposed extension of Gulf Stream Boulevard. However, the analysis that was provided is not sufficient to determine what the future distribution of traffic would be with or without the extension, and cannot be used as a basis to delete the item from our Comprehensive Plan. As you know, Delray and Boynton residents in the area do not support the extension, nor did our Planning and Zoning Board see a compelling need for its installation. I realize that the project is scheduled for your Commission's consideration next week. It will take several weeks for us to have our own traffic analysis conducted and the results presented to our Board. We do not wish to create additional delays for the developer. I would prefer to have the analysis completed, however, if your City Commission determines, th~t the project should move forward without the extension, I doubt that our Board or Commission would object. Sincerely, (\'; 8iL\1 ~,,\'(v\f ~ Diane Dominguez J .:__/ Director of Planning and Zoning ti1 P",;ntea en A0C\;G:ed P~DBr '........ THE EFFORT ALWAYS MATTERS fJ1ie City of 'Boynton 'Beach 100 'E. 'Boynton 'Beadr. 'Boulevad P.O. 'Bo~310 'Boynton 'Beacn., '.JforUfa 33425-0310 City 9faIl: (407) 375-6000 '.J.9lX: (407) 375-6090 VIA FAX - (407) 272-7741 January 10, 1996 Mr. Burl Gentry Gentry Engineering and Land Surveying, Inc. P.O. Box 243 Delray Beach, FL 33444 RE: Hills at Lake Eden PUD - File No. REZN 95-002 Dear Mr. Gentry: I have recently received several valid questions regarding the derivation of the location and size of the preservation tracts you propose for the above project. In discussing these questions with the city manager, we determined that it would be prudent to have you and your environmentalist provide staff responses to these questions, prior to the January 16, 1996 City Commission meeting, since staff does not have the answers to these specific questions to defend the designated preservation areas. These questions are as follows: 1. December 1995 photographs (xerox copy attached) taken from the adjacent property to the north indicate that there are a substantial number of trees along the project's north property boundary which are not identified on the attached flora survey submitted to staff. Why are these trees not included on the survey? 2. Various maps dated 1965, 1968, 1970, 1983, 1984 and 1989 from Palm Beach County's Department of Environmental Resources Management indicate that the west section (approximately 1/3) of the subject property was cleared. Why does the flora survey depict approximately 1/4 of the determined, remaining preservable area to be located within this area previously cleared? 3. Why was a portion of the area to be designated as preservation area selected from the previously cleared area if the flora survey locates few existing trees in this area? 5tmerica's {jateway to tfu {jut/stream TO: Mr. Burl Gentry -2- January 10, 1996 4. What do the double circled numbers on the flora survey represent? There appears to be no reference to this symbol in the key on the survey. Sincerely, J~.9'JZ4~. Tambri J. 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Florida 33425-0320 RE: Hills of Lake Eden PUD (REZN 95-002) Traffic Analysis of the Gulf Stream Blvd. Extension Dear Tambri, In response to my previous letter to you regarding the above referenced project, the agent for the project, Burl Gentry, submitted traffic information related to the development itself and to the proposed extension of Gulf Stream Boulevard. However, the analysis that was provided is not sufficient to determine what the future distribution of traffic would be with or without the extension, and cannot be used as a basis to delete the item from our Comprehensive Plan. As you know, Delray and Boynton residents in the area do not support the extension, nor did our Planning and Zoning Board see a compelling need for its installation. I realize that the project is scheduled for your Commission's consideration next week. It will take several weeks for us to have our own traffic analysis conducted and the results presented to our Board. We do not wish to create additional delays for the developer. I would prefer to have the analysis completed, however, if your City Comm:ssicn determines that the project should move forward without the extension, I doubt that our Board or Commission would object. S"l~, ere~y. n . lkctJJ.- ~vUv\P ~ Diane Dominguez J .:__7 Director of Planning and Zoning THE EFFORT ALWAYS MATTERS Gentry Engineering and land Surveying, Inc. P.O. BOX 243 DELRAY BEACH, FLORIDA 33447 PHONE: 272-1924 Member American Society of Civil Engineers American Congress of Surveying & Mapping Member Florida Society of Professional Land Surveyors January 4, 1996 Mr. Michael E. Haag Site and Zoning Administrator City o~ Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Fl. 33425-0310 Re: Response to Memorandum No. 95-636 covering Hills at Lake Eden Dear Mike, We are responding herein to your Memorandum No. 95-636 regarding the Hills at Lake Eden Master Plan comments and we are addressing each item as listed in said memo as ~ollows: 1. Note 12 ~rom previous plan submittal has been omitted as requested. 2. This item requested a landscape breakdown ~or the landscaping material within the tracts listed on the plan as A, B, C, D and E. Tract A shall be a 20' landscape bu~~er and shall consist o~ both tropical vegetation and relocated trees ~rom the subject property to create an opaque screening bu~~er between the subject property and Swinton Avenue. Tract B shall be an entrance ~eature with a proposed ~ountain and tropical landscaping and shall include slope treatment ~or the transitional area to prevent erosion between the adjacent property and the interior roadways. Tracts C and 0 sha 11 be a 55' (Tract C) and a 65' (Tract D) preserve area and shall consist o~ the existing native vegetation on site, relocated scrub ~rom the existing property and containerized scrub to in ~ill the preserve areas. Tract E shall be a 20' landscape bu~~er with tropical landscape material, relocated trees ~rom the subject property and also consist o~ a storm drainage retention areas to allow storm drainage overflows to be controlled on site. Please note on the Master Plan, we have identi~ied the speci~ic tracts and we have provided a table at the bottom o~ said plan listing the individual areas including said tracts. 3. We have acknowledged, due to site plan revisions during the review process, we did make a revision to Sheet 1 of 3 and due to a shi~t in meeting dates the plans which you sent out contained Sheets 2 o~ 3 and 3 o~ 3 which did not match the revised Sheet 1 o~ 3 and you had ~eturned to me the relevant Sheet 2 o~ 3 and Sheet 3 o~ 3 which matched Sheet 1 of 3 and this did result in some con~usion with the dif~erent submittals combined. In the attached plans we have provided you with Sheets 1 - 3 which are consistent and you should not have any confusion as previously encountered. 4. We have revised the notes to incorporate notes 4, 5, 13 and 14, o~ the previous submittal as requested. 2 5. We have indicated the minimum ~ootage o~ the proposed plan (see Note 3, Sheet 1 o~ 3) and on the irregular lots we have both added a note indicating these lots shall comply with Chapter 2 Zoning Section 4.6 o~ the City's Land Development Regulations (see Note 12, Sheet 1 o~ 3) and you will note on each o~ the irregular lots, we have indicated the minimum ~rontage and the ~rontage provided to satis~y the code requirements. 6. We have indicated the minimum proposed living area (under air conditioned space) ~or the proposed residential units as 1,800 square ~eet (see Not 13, Sheet 1 o~ 3) which is the same minimum listed under R1AAB Zoning which presently controls this property. 7. The developer has agreed to the proposed revision and you will note on the attached plan, we have indicated the revised setbacks in the table listed as the Setback Chart (Sheet 1 o~ 3). The reduced ~ront setback is proposed at a minimum 21 ~t., the increased rear setback shall be a minimum 9 ~t. and the increased rear poo 1 and screen enc losure setback sha 11 be 5 ~t. m in i rlllWl as proposed in your Memorandum No. 95-636. 8. In this item you proposed to eliminate con~usion ~or the Building Department by averaging the total ~loor area allowed by the LUI Table, by dividing said maximum area by the total number o~ lots 3 (which is now ~evised to 56 lots) and on this new plan the maximum allowable a~ea pe~ lot is 4,791 squa~e ~eet (see note unde~ LUI Table, Sheet 1 0+ 3). 9. On the attached plan, we have ~evised the plan to indicate all setback a~eas in the setback cha~t listed on the attached plan (see Sheet 1 0+ 3). 10. We have indicated on the plan the maximum 6' height +o~ the +ence and conc~ete co 1 umns (see Note ~'), Glmet. 1 0 f 3) and +o~ the entr-y sign as pl'upnst!d, we have noted on the plan that the entry sign must be setback as a minimum o~ 10 +t. f~om the Pl'llllf!l't.y line (see Note 14, and also the ent~ance a~ea on the sketch, Sheet 1 o~ 3) . 11. Please note on the setback char-t, Sheet 1 o~ 3, the +~ont and side setbacks +o~ pools and sc~een enclosu~es shall match the ~~ont and side building setbacks (see note below setback cha~t desc~ibing pool and sc~een enclosu~es setbacks). 12. The develope~ is conce~ned that the two sto~y ~esidences would be limited with the 30 +t. height ~est~iction, as ~ecommended in you~ Memo~andum No. 95-636, and is ~equesting that the p~oposed 35 +t. height could be maintained at least on the inte~io~ lots 4 where the residences shall be built in the areas o~ the dunes or ridges and the relative elevation would be less signi~icant. 13. The LUI Table has been listed ~or an LUI 5 and you will note that all o~ the ratios are based on Chapter 2.5, Section 4, Table 1 and you will note we did use the relevant ratios in the LUI Table on the attached plan (see Sheet 1 o~ 3). 14. We have placed a note on the attached plan (Note 15, Slleet 1 o~ 3) that No building or structure shall be placed in an easement o~ record, except ~ences. 15. The developer is attempting to develop a private gated community and it is ~elt that the single entry on Swinton Avenue is adequate ~or this development and you will note on the tra~~ic study which was approved by the Palm Beach County Tra~~ic Division o~ the Engineering Department, indicated that this development will not impact Swinton Avenue beyond the approved Level o~ Service ~or said roadway and the developer has agreed to place the emergency access (now known as Tract G) to Seacrest, which will provide the necessary access to both Seacrest Boulevard and Swinton Avenue ~or emergency vehicles. The developer does not ~eel a second connection to Seacrest Boulevard should be required. 5 Gentry Engineering and land Surveying, Inc. P.O. BOX 243 DELRAY BEACH, FLORIDA 33447 PHONE: 272-1924 Member American Society of Civil Engineers American Congress of Surveying & Mapping Member Florida Society of Professional Land Surveyors Janua.....y 3, 1996 M...... Micheal w. Rump~ Senio..... Planne..... City o~ Boynton Beach Planning and Zoning Department 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Fl. 33425-0310 Dea..... Mike, Following ou..... meeting on Decembe..... 28th, with Ms.Tamb.....i Heyden, Planning and Zoning Di.....ecto....., M...... James A. Che.....o~, City Atto.....ney, M...... Michael Haag, Site & Zoning Administ.....ato....., M...... Kevin J. Hallahan, Fo.....este...../Envi.....onmentalist and myselT .....ega.....ding the Hills at Lake Eden .....ezoning .....equest site plan modiTications, at said meeting we discussed ou..... communication with adjoining p.....ope.....ty owne.....s Tollowing ou..... p.....evious postponement oT the City Council meeting to cove..... the above .....ezoning .....equest and we outlined .....esponses to a lette..... which was ~o.....wa.....ded to the develope......s atto.....ney, F. Ma.....tin Pe..........y oT Pe..........y, Shapi.....o, Mille..... & Ja.....ksey, PA, in which ce.....tain p.....ope.....ty owne.....s oT the Lake Eden Subdivision outlined conce.....ns which we have attempted to add.....ess by .....evising the p.....oposed site plan TO..... said Hills at Lake Eden Development. In this meeting both the City Atto.....ney, M~. James Che~o~, as well as the Planning and Zoning Depa~tment Di~ecto~, Ms. Tamb~i Heyden, both ~elt that they would p~efe~ a second postponement of the City Councils ~ezoning public hea~ing to allow the TRC Committee, the oppo~tunity to make comments on the ~evised plan p~io~ to the City Councils ~eview. The develope~ ag~eed to have me p~epa~e the ~evised documents p~eviously numbe~ed sheets 1, 2 and 3 and outlining the p~oposed lot layout with ~elevant LUI ~equi~ements, as well as the sewe~ and wate~ site plan indicating the p~oposed se~vices and the p~oposed paving and d~ainage plan indicating the positive sto~m d~ainage system, as well as the p~oposed 24' asphalt ~oadway. We felt that we should ~espond to the p~evious TRC comments as follows: Fi~st, in the comments f~om Kevin Hallahan, Fo~este~/Environmentalist, we ~eceived fou~ sepa~ate Memo~andums 94-465, 95-289, 95-517 and 95-533, each of these Memo~andums we~e essentially p~og~essive comments by Kevin Hallahan ~ega~ding the City code ~equi~ements ~o~ the envi~onmental issues, namely the six items initially outlined in Memo~andum 95-465. In the ~eview o~ the last Memo~andum 95-533, indicates that the items outlined 2 been submitted as pa~t 0+ the site plan code requirements and the items 1-6 have been submitted to Kevin Hallahan p~ior to the date 0+ this letter. Secondly, in the memorandum +~om Al Newbold, Deputy Building O++icia1, we are responding to two Memorandums 95-160 and 95-347, in the attached site plan. We have indicated the ~esponse to the initial Memorandum 95-160 items 1-3 and Memorandum 95-347 discussed revisions which we~e made +~om the p~evious submittal. The only item which is di++erent +rom the previous comments was the ~equirement +o~ sidewalks on both sides 0+ the st~eet and as we have discussed p~evious1y, we +ee1 the code ~equirement +or pedestrian access is provided on the private ~oadway with the sidewalk on one side 0+ the ~oadway indicated with the private development and with the reduced volume 0+ t~a++ic as would be expected on a private roadway, we +eel the sidewalk on one side 0+ the st~eet is adequate and we unde~stand this will be subject to the City Councils approva 1. 3 Third, we are next reviewing the comments made by Sgt. Marlon Harris, Police Department, Memorandums No. 141 and 165, in which Sgt. Harris recommended that a gated entry with a telephone access code should be provided on Seacrest Blvd. and this comment was repeated in Memo No. 165 and iT you will note on the attached site plan, we have provided the emergency access roadway with the gated entrance with a telephone access as recommended. Fourth, the Parks and Recreation Memorandum by John Wildner, Parks Superintendent and Charles C. Fredrick, Director oT Recreation and Parks comments regarding the requ in~rnunt for' dl:-3dication o-F land Tor parks or the cash payment in lieu oT land as required by the City code as outlined in Memorandum No. 95-252 will be satis-Fied prior to Tinal plat. Memorandum 95-425 indicated that no Turther comments are pending with the exception o-F the previous memorandum. Memorandum No. 95-521 outlined the comments by the Director, Charles C. Fredrick -For the neighborhood parks level aT service Tor Planning Area No. 17, which this project -Fell within. Mr Fredrick recommended that the LOS Tor 1995 should be amended such that it will remain at the LOS as shown Tor the 1987 Planning Period. 4 Fi~th, the Fi~e Depa~tment comments we~e listed in Memo~andum 95-269, 95-284 and 95-339. The Fi~e Depa~tment's comments ~~om William Cavanaugh, FPO, outlined the ~ecommendation ~O~ the inte~io~ ~oadways to be 24 ~eet in width and he ~epeated the ~ecommendation as outlined in the Memo~andum ~~om the Police Depa~tment conce~ning the eme~gency access ~~om Seac~est Bouleva~d. Memo~andum 95-284 outlined the ~ecommendation ~o~ the eme~gency access gate with ~emote opening and the Memo~andum 95-339 ~epeated the ~equi~ements o~ the p~evious memo~andums. We have p~ovided as ~ecommended by the Fi~e Depa~tment the minimum 24' ~oadway within the p~oposed development and as p~eviously discussed we have indicated on the site plan the telephone access gate and the eme~gency access ~oadway connection to 8eac~est Bouleva~d, as ~equested. Sixth, in Memo~andum 95-83 Robe~t Gibson, Road and 8t~eets Supe~intendent th~ough Robert Eichorst, Public Works Di~ecto~, concerned comments to the previous site plan which was modi~ied to provide a cul-de-sac type entrance ~or the corner lots as outlined in said memo and we ~eel these concerns have been satis~ied with the revised site plan. 5 Flr'HO .''-'-' ..~, J.;;> ;;;>,_, J. r . '" J. ~ <U["'l pr Fa.< : ::S0542f53e,f:/~:~ TO - Dee 13 17 ::;,:;, 13054269669 P.03 I · Public: Pnll9' tI'lJ SlrJtelk: P!aMir .. ~ lbe iInd Zoning Mant;t~ · lQ".1ItlVt RtJ~ Action · C'.tAA:mm~ R.e1ltlM5 .. Pflv.U~.3liOn lIlaCS D*,ber 13.1995 , P. ~n Perry peniv. ShapirO. Mil_ & Jirbey. P A 164fPaIm Beach I.aJcea Boulevard. Suite 600 W. Pam Beach, FL 33401 U; ! J'roposed mu. of Lib Eden Planned DevelOPMent *' me DO I2AJ2l2$.Wl , ~ MMty. I 10 9tK reprtNOtacion OftM reddeatts iu the n.eighbomood of the referenced ~ we ..Wll~'" hM_ Lv ~ d1"r ~ IIIIcI P~vl4e Ul in4IC:1UioQ OfWbM ~ reaideutl wou~ support. Thenelghb0th00d8 otLake Eden have asked that Ihe 0WJ1e1' of the ~ project consider ~. 'oJlowi1lS~ J. .Jjot... For cbviaul """'J*lblllly feaSOIl$, lIIe nsldlllts WOUld auppon the projtoot if itCODt&fned lot, which m_ the $>>,000 .quare ~oot miDhn.l,Jln ... ofdlo ~ ~et. . 2. ROIJW si.. For compatibility IDd property value reasons. the neighborhoods of Lake ~ WOldd Icxtk ~.1O loom. of a oi:r.o CODlpIllble willi III... -.... 1'baels . d~ restriction in a poniOD ofthil ntishborboodtor a mlAimumof 3>000 5qYlC"e feat u~ air and lIOfD.e ham.. - bwU up to s~OOO square feet. 'Toward latpr sbe ... the r..ldentl eould SUpport relief from the IUximum lot COv~o standards of1he dUtri~ . 3. EltvirtJW1flMtaJ pm.,... PI... pro-.ride thlt plan to ClI1SUfO that theq would be no ~et mtO veaet&tion ptIMI've nom homtOWncrl' back.FdI. 4. ~ 1'h.. i. (!ODeem about UC.. II proposed. ~ LaIc. Eden IQidcnta could -1P1'01t - lh>m.the llOlllboat portion of Ibis 011<I, where there Is are tI<islmll ~Yllad '\paIllation. ~. .B~ II 1t41MQllt to <<ud'~~C&nd'th8 t!Dnft......~..,....... "...._ ____ _ .., . _ __ p d ll:HOl ~.;-'-..J ol. r J 400f_ r"'-'II r:;jI'I.I TO 1 305426'365S P.04 , f. Martin Perry ~ 13, 1995 6. ~-cllarJng. There appears. to be pr.clearins otveptarion. Please explain the ~.. of the dearing and provide the permit(s). "I. Mtr.tlngplan. OB bcbaJfof'~ residents. plcae send tooor t1nn a copy of the ~etlDJ pllD. 'We would like to bettor understand the options considmd. ''I'I:.;,.! 1........., ~.. 'W. .~& '"~ tl.. "',tlIal':" Ii/It ~Wo\..~fun. Thw ...l.....llw uC' L1ua nt.:l~lx;K-~ o~ ~ would nb to IUpJ)Ort ihll propol&l but, tD ~ themselves~ would have no ah ' thu. to ohjMt t() ,die pt'bj~ it changes sU&8cstcd in thi.. lottc 8.N ilot raadA. : Qi.Jvod Sll&!ll. AICP' I ,...., I .. I cc: NeJ~ olLake ~ Homeowners Board -if1ie City of r.Boynton r.Beacli 100 'E. 'Boynton '.Beadi. ~rti P.O. '.Bo~310 'Boynton 'Beacli, ~ J3425-0310 City:Jfa1l: (407) 375-fj(){)() ~.9lX: (407) 375-6J!KJ November 22, 1995 Mr. Frank Pinto 320 SE 2nd Avenue, B6 Deerfield Beach, FL 33441 Dear Mr. Pinto: As you know the westward extension of Gulfstream Boulevard (SE. 36th Avenue) from Seacrest Boulevard to N. swinton Avenue is a recommendation within the city's comprehensive plan, and as indicated by the attached facsimile from the Diane Dominguez, Director of Planning and Zoning for the City of Delray Beach, it is also a recommendation witbin the city of Delray Beach comprehensive plan. In order for both jurisdictions to evaluate the need for, or lack of need for this road improvement, we are requesting that you have this road extension recommendation analyzed by your project/traffic engineer and forward their conclusion(s) to this office. Please provide a response to this office by December 22, 1995, which should provide sufficient time for a staff review prior to the date that The Hills at Lake Eden agenda item was postponed to, January 2, 1995. As your proposal conflicts with the aforementioned comprehensive plans, it is in your best interest to provide adequate justification/documentation for the ultimate amendment of said plans. If you have any ~uestions, please contact this office. Yours truly, ~d0~ 9r!.iydt:-Y<J Tambri J. Heyden' Planning and Zoning Director TJH:rnr Attachment c~. project file (REZN 95-002) Cent:-al File 5f.~rU;a 's ~ateway to tfu quifstream 11/21/1995 12:48 407 -243-7221 ell '1' Lit- Ut:.Lf.:A '( f-'.4ljc- 01 tlTY IF DELIA' BEAEN DeLRAY SI:ACH .. '00 N.W. ,,'..ONU.. DELft.VlI!ACH. FLORIDA ...... 407"."'00' , III ,! No.emw 21, 1DD5 Tambri J. Heyden, Director Planning and Zoning 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425.0320 rn m@rnowrn 00 NOV 2 I 1995 PLANNING AND ZONING DEPT. 1993 ~E: Hilla of lake Iden PUD (REZN 95-(02) Exten.ion of Gulfatreatn Boulevard Oe.r Tl'Imbrl, At last night's meeting of the Delray Beach Planning and Zoning Board, tne Board discussed the proposed extension of Gulfstr88m Boulevard between Swinton Avenue and Seacrest Boulevard. As you'd noted in your letter of November 2nd, there is a policy in your city'. Comprehensive PI.n that supports thi~ extension. Defray Beach"s Comp Plan alGo disousses the extension, and indicates It as an 80' CIty collector on the future street network. The extension Is not Shown on the county's Thoroughfare Plan. There was testimony from the president of the Seacrest Property Owner's Association opposing the connection, and most of the Board members indicated that they did not feel the extension is necessary. However, since it Is included in the Comp Plan, they are reluctant to dismiss it altogether without additional analysis. There wae not enough time betwsen the receipt of your r&queat and the Soard's meeting to conduct any kind of traffic analysis that would clearly support a deletion of the polley. At this time, we request that a decision regarding the provision of right-of-way for the potential roadway be deferred until such time that additional analysis can be conducted. You might want to require that the applicant's traffic engineer provide such an analysis, which could then be reviewed by staff from both of our departments. Thank you for soliciting our input, and I appreciate your Commission's consideration of our request. Slncor.l:. ~. DI~~ Director of Planning and Zoning * PrntM CIIl14tc.,..,,..., THE EFFORT ALWAYS MATTERS --",-~""'-"'-~""-" ._-.-...,~,_.".~....,,"-.,. ,"-" ,~. -. ~O-...-l , , ~ n ! 1 "!, I' [IT' DF DElIR' BER[H \~:.", !i; (-; 'U -,,-- - ._, \ l N(pI 2 2 S!Ii Pl^NNING'P,";~ ZONING DEPl ....J ~}./! "",.,.,..[..~:J DELRAY BEACH F lOll I D " tI.ftd All-America City , III I! November 21, 1995 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 . 407/243-7000 1993 Tambri J. Heyden, Director Planning and Zoning 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0320 RE: Hills of Lake Eden PUD (REZN 95-002) Extension of Gulfstream Boulevard Dear Tambri, At last night's meeting of the Delray Beach Planning and Zoning Board, the Board discussed the proposed extension of Gulfstream Boulevard between Swinton Avenue and Seacrest Boulevard. As you'd noted in your letter of November 2nd, there is a policy in your city's Comprehensive Plan that supports this extension. Delray Beach's Comp Plan also discusses the extension, and indicates it as an 80' city collector on the future street network. The extension is not shown on the County's Thoroughfare Plan, There was testimony from the president of the Seacrest Property Owner's Association opposing the connection, and most of the Board members indicated that they did not feel the extension is necessary. However, since it is included in the Comp Plan, they are reluctant to dismiss it altogether without additional analysis. There was not enough time between the receipt of your request and the Board's meeting to conduct any kind of traffic analysis that would clearly support a deletion of the policy. At this time, we request that a decision regarding the provision of right-of-way for the potential roadway be deferred until such time that additional analysis can be conducted. You might want to require that the applicant's traffic engineer provide such an analysis, which could then be reviewed by staff from both of our departments. Thank you for soliciting our input, and I appreciate your Commission's consideration of our request. Si~~ Diane Dominguez Director of Planning and Zoning @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS THE SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA PLANNING & REAL ESTATE 3320 FOREST HILL BOULEVARD, SUITE C-331 WEST PALM BEACH, FL 33406-5813 1 (407) 434-8020 FAX (407) 434-8187 rn@mowm 'I ",. for thl ~ 9' ;.. .', DEe -A ~ 00 PLANNING AND ZONING DEPT. November 21, 1995 Michael Rump, Senior Planner The City of Boynton Beach Planning and Zoning Department 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Re: Impact Analysis for the Hills of Lake Eden PUD, For the City Commission Meeting of 11-21-95 Dear Mr. Rumpf: This statement is provided in fulfillment of Chapter 235.193, Section 2, Florida Statutes to ensure that public education facilities are coordinated with plans for residential development. The School District places its school construction priorities in areas that facilitate the achievement of racial balance in public schools. The School District does not support approval of development where the anticipated effect on the racial balance of public schools in the area is negative, and/or where public facilities will not be available concurrent with development. Based upon the anticipated negative effect of a development on racial balance in public schools, educational facilities [defined as "public facilities" Florida Statutes 163.3164(23)] will not be provided in the area of the development concurrent with the development [see F.S. 163.3177(1 O)(h)]. This impact statement addresses the concerns of the School District of Palm Beach County as they specifically relate to the anticipated impact of the construction of 62 single family dwelling units within The Hills of Lake Eden PUD located at the west side of the intersection of Seacrest Boulevard and Gulfstream Boulevard. A study was conducted utilizing demographic multipliers for Palm Beach County to estimate the number of students which would be generated from this type of development. Information was not received regarding the number of bedrooms found in these types of dv,relling units. For the purpose of this analysis it is assumed that all 62 single family dwelling units will consist of 3 + bedroom units. The Planning and Real Estate Department estimates 25 elementary, 11 middle, and 10 high school students will be generated by the project. The geographic area in which these proposed dwelling units will be located is presently served by Forest Park Elementary School, Congress Middle School, and Atlantic High School (see Note 1). Following is a breakdown of current membership for the 1995-96 school year and current permanent capacity for each school. An Equal Education Opportunity Provider and Affirmative Action Employer rrFie City of 'Boynton 'Beacli 1 00 ~ 'lJoyn.ton. 'lJeadi. '1Joukvartf P.O. 'lJ~310 'Boynton. 'lJeadi, :;1critfa 33425-0310 PHONE: (407) 375-6281 FAX: (407) 375-6357 OFFICE OF THE CITY ENGINEER November 16, 1995 Gentry Engineering and Land Surveying, Inc. P.O. Box 243 Delray Beach, Florida 33447 Attention: Burl Gentry Re: Hills at Lake Eden Dear Mr. Gentry: Thanks for your prompt reply to our November 8 letter, and the addi tional backup you provided. That material supports your contention that certain approvals were obtained about 10 years ago for a similar project (Rollingwood) on the property you are proposing to utilize for the Hills at Lake Eden. Those approvals were based on codes, ordinances, rules and regulations in place at that time for a 52 unit project. I am sure you are aware that your current proposal not only contains substantially more units (with resulting higher land density than Rollingwood) but also is subject to current codes, ordinances, rules and regulations. Please provide a signed and sealed statement on your letterhead certifying that "the drainage plan proposed for the Hills at Lake Eden complies with all current codes, ordinances, rules and regulations of agencies having jurisdiction over the project." If the project receives necessary approvals, you will be required to provide similar certification that actual construction similarly complies before required improvements are accepted by the City Commission and before a Land Development Permit is issued. Very truly yours, CITY OF BOYNTON BEA7H' FLORIDA /// ~ /~ ,~;/.~~ ~ "/ - /V ~~d'lrfl-1<< ~ William Hukill, P.E. City Engineer WVH/ck xc: Tarnbri Heyden, Planning & zoning Director C:LAKEDI'N ,RSP ;t~rica 's (jatlway to tfu (julfstream. MEMO TO FILE: Gentry Engineering and land Surveying, InCy~~j1} ~\~~ ~~AJJ P.O. BOX 243 ~d.j\-, I n /,.:: v DELRAY BEACH, FLORIDA 33447. :<t-,i '$ \ 0 fHI '\I~ I Al!;.-1 PHONE: 272-1924 l1f v~ ,J) AP I/" ,,~v' rV rI~ >I' I' ^A l.. (l. \,.. . . ~\ I\~ ~~' ot- l' O.,J,z/v i/" I (:;,1" Vc . tJ Member V- ltf. ~ \g ~.P,VP(,v Florida Society of c.L-- I .; ~\J!l-, 11 ,S ~ Professional Land Surveyors ~.~ 1,1 \c, jf wV f-~ $/J \1 f"' r ,It,V' 0 C~I/ P br:> t~ \l'" J- rJ,I~ 1^ ~I,..l" A- (\~ ,<Y r ;f Member American Society of Civil Engineers American Congress of Surveying & Mapping Re: City o~ Boynton Beach Planning and Zoning Boa~d Meeting, held on Tuesday, Novembe~ 14, 1995 cove~ing maste~ plan and rezoning request fo~ the Hills at Lake Eden, ~or Newport Properties, Frank Pinto, President. The meeting covering the above p~operty began with Mike Haag ~eviewing the report prepared by the Planning and Zoning Department, outlined as 7.A.1, Hills o~ Lake Eden, P.U.D., Public Hearing. Mike Haag outlined initially that Gentry Engineering and Land Surveying, Inc., as agent for Newpo~t Properties, property owner, had proposed to change the 15.4 acres ~rom the current zoning RIAAB to a zone of P.U.D. with the land use intensity o~ 5 (LUI=5). Mike Haag outlined the fact that the current zoning allowed a gross density of 4.84 units per ac~e and that the p~oposed P.U.D. with 62 lots would have a gross density o~ 4.01 units pe~ acre. Mike continued through the ~eport to outline the percentages o~ the common area and the private roadway and the discussion covering the required scrub area preservation. Mike con~irmed that the City o~ Boynton Beach Forester/Environmentalist had reviewed the p~oposed plan, as well as the p~oposed locations fo~ the p~ese~ve a~eas and ag~eed that the p~oposed location (each a~ea lies on the top of the existing ~idge) and that the p~oposed layout will best suit the likelihood of the existing sc~ub being maintained pe~petually in its natu~al condition with the exception of the necessa~y maintenance and ~emoval of the exotic species f~om said a~eas. The ~epo~t outlined the required utilities are existing nea~ the p~operty boundaries and would be connected at the East and West boundaries to existing sewe~ and water lines. Mike discussed the p~oposed traffic concu~~ency ~equi~ement. Mike confi~med that the p~oposed study had been app~oved by the Palm Beach County Engineering Department, t~affic section as meeting cu~rent ~equirements concerning the existing local roadways which would be impacted by the proposed development. Mike Haag discussed the proposed plan was designed to preserve the two existing ridges which pass North and South through the p~operty and discussed b~iefly the existing topography and soil report and discussed the existing elevation at the adjacent ~oadway and described the natural g~ading toward 2 the central portions o~ the property. Mike discussed the local school systems had been contacted, but to date a report has not been received. Mike next went into areas o~ the report titled "Issues and Discussion", Item A, covered the comprehensive plan policies and discussed the ~uture land use, tra~~ic circulation and conservation elements. Initially the report discussed the requirement o~ the preservation o~ 25% o~ the existing scrub areas o~ any protected species. The report lists the subject property under a Class "C" designation and based on the tree survey and environmental report a total area o~ 4.2 acres o~ scrub area was located on the subject property, which would indicate that 1.05 acres o~ scrub would be required to be preserved based on the minimum o~ 25% preservation requirement o~ said "C" rated system be preserved. Mike con~irmed the two larger tracts designated as Tracts "C" and "0" would provide approximately 1.4 acres and would exceed the minimum requirements o~ the preserve areas. Mike next discussed the tra~~ic circulation element and discussed the comprehensive plan proposal to extend S.E. 36th Avenue ~rom 3 Seac~est 8ouleva~d to No~th Swinton Avenue o~ to extend a connection to Seac~est 8lvd. to align with S.E. 35th Avenue and to p~ovide two gated ent~ies. Mike discussed that the p~oposal ~o~ the maste~ plan had only one gated ent~y with the p~ovision ~o~ an eme~gency ent~ance with a telephone access cont~ol gate at Seac~est Boulevar-d. Mike ~equested a di~ection ~~om the Planning and Zoning 8oa~d to ~emove the ~ecommended imp~ovement ~~om the t~a~fic ci~culation element i~ they did not want to extend S.E. 36th Avenue to N. Swinton Avenue. The~e was a discussion that ~ollowed with the Planning and Zoning 8oa~d which was late~ discussed conce~ning the extension o~ S.E. 36th Avenue it was appa~ent ~~om the ~eaction of seve~al 8oa~d Membe~s that they would not make such a ~ecommendation to changes in the comp~ehensive plan in spite of the ~act that in a late~ discussion ~ollowing comments ~~om the local a~ea ~esidents about said extension that they did not feel said ~oad would eve~ be extended to Swinton Avenue, ~o~ two ~easons, 1. because o~ the existing imp~ovements in place (ie. p~oposed single ~amily development and existing chu~ch p~ope~ty 4 developed wit~ existing building within the p~oposed ~ight-o~-way} and 2. the City o~ Del~ay Beach would have to be equal pa~tne~s with the City o~ Boynton Beach, since hal~ o~ the Right-o~-way lies in Boynton Beach and hal~ lies in Del~ay Beach and the Chai~man o~ the Boa~d, Dave Beasley, stated that Del~ay Beach had indicated that they had no intention o~ pu~suing the extension o~ S.E. 36th Avenue. Item B, discussed the consistency o~ the ~ezoning with the established land use patte~n, the ~epo~t ~i~st cove~ed the adjacent p~ope~ties No~th, East, South and West and this section concludes with the statement that the comp~ehensive plan would gene~ally allow up to the maximum density o~ 4.84 units pe~ ac~e in pa~ticula~ and combined with the site o~ unique cha~acte~istics (ie. Sc~ub habitat). The ~epo~t next discussed the e~~ect o~ a P.U.D. on the adjacent p~operty and the ~epo~t stated since the P.U.D. ~est~ictions exceeded the ~est~ictions o~ the RiA zoning dist~ict, which lies East o~ the subject p~ope~ty and discussed the ~act that the p~oposed home values in excess o~ $150,000 and combined with a gated ent~y and the landscape bu~~e~ing, would c~eate a cha~acte~ which would be incapable o~ negatively a~~ecting the adjacent ~esidential p~ope~ties. 5 The report next discussed the proposal to increase the rear setbacks ~rom 7.5 ~eet to 9 ~eet ~or the building setbacks and to increase the rear setback ~rom 3.5 ~eet to 5 ~eet ~or the screen enclosure and pool setbacks. The report next discussed the irregular shaped lots. The initial section o~ the report proposed increasing the building setback line dimension to 47.8 ~eet minimum. later in the report, there is a recommendation that this situation could be covered with a note on the master plan "see plan" regarding the location o~ the building setback lines to satis~y the above requirement to meet or exceed the code requirements. The report also discussed the design o~ the project in which all lots ~aced inward, away ~rom the property boundaries which would lessen the impact on the surrounding properties. The next portion o~ the report again discussed the tra~~ic circulation design and in spite o~ the ~act that the County has issued a letter approving the proposed design study which demonstrates this project would not cause the adjacent roadways to exceed the required level o~ service ~or the roadway capacity, this report recommended a second gate entryway located on Seacrest Blvd., as discussed previously. 6 The next item was cover-ed as Item "C", compatibility of r-ezoning with public facilities. The r-epor-t discussed the concur-r-ency cer-tification r-equir-ed for- dr-ainage, neighbor-hood par-ks and tr-affic facilities. Initially the r-epor-t cover-ed the dr-ainage and star-ted with a statement that the pr-oper-ty does indicated on the master- plan the ultimate compliance with the dr-ainage r-egulations of both the City of Boynton Beach and the South Flor-ida Water- Management Distr-ict, but the statement was made that the master- plan was deficient with the necessar-y dr-ainage details as r-equested. The next section cover-ed was the neighbor-hood parks and the r-epor-t discussed the fact that because a city park which has been pr-oposed for- constr-uction in 1987 had not been built, that this pr-oject will not meet the r-equired level of ser-vice (which was 2.5 acr-es per- 1000 per-sons and one-half mile walking distance) the r-epor-t r-ecommended three alter-natives: The r-epor-t r-ecommended that the City of Boynton should commit to the constr-uction of the requir-ed park or secondly, the City should initiate the communication with the Seaerest 7 Presbyterian Church ~or use o~ the recreation ~acilities on the subject church property or thirdly, that the city should reduce the required level o~ service ~or this area. The report also discussed the possibility that recreational ~acilities could be constructed within the proposed development which would allow this project to be certi~ied ~or concurrency ~or neighborhood parks. For the roadway analysis, the report con~irmed that the analysis was submitted to the Palm Beach County Tra~~ic Section and the County con~irmed that this project would meet the countywide tra~~ic per~ormance ordinance, but the report concluded this section with a statement that the County does not comment on local design issues such as the circulation plan, proposed in the master plan, which limits ingress, egress to North Swinton Avenue. It is the intention o~ the design engineer ~or this project to communicate to Mike Haag, Coordinator ~or the project o~ the Planning and Zoning Department Zoning Petition, that the tra~~ic study analyzed the suyyounding roadways as well as yoadways within a one mile yadius, which would include the study o~ impact ~rom this development on N. Swinton Avenue and 8 the report determined that this project would not impact any roadway within a one mile radius, such that any o~ the roadways would not meet the required level o~ service regarding the roadway tra~~ic capacities ~or said study and Palm Beach County agreed with this determination and did con~irm to the City Engineer o~ Boynton Beach as required by the CIty Engineer ~or the tra~~ic concurrency. Finally the report concluded that the applicant had satis~ied a unique requirement ~or the development o~ this property and that by setting aside the preserve areas, the developer was complying with the comprehensive plan policies, which allowed the development o~ a P.U.D with smaller lots and reduced setbacks in exchange ~or the dedication o~ the native scrub habitat and the report summarized that the analysis contained in the report is consistent with the land development regulations subject to sta~~ comments and would be compatible with the current and future uses o~ the surrounding properties and the staff recommend approval ~or the Hills at Lake Eden, P.U.D. subject to sta~~ comments contained within Exhibit "0" o~ the subject report. 9 Following Mike's p~esentation the Planning and Zoning Boa~d asked Tor- comments T~om the agent, Bu~l Gent~y, Gentry Engineering and Land Su~veying, Inc.. Burl Gent~y introduced himselT and covered some OT the areas as outlined in Mike Haag's report and discussed several items which were covered in said ~epo~t. Fi~st, Bu~l Gent~y discussed that the develope~ would ag~ee to the inc~eased ~ea~ building setback T~om 7.5 Teet to 9 Teet and T~om 3.5 Teet to 5 Teet TO~ pool and sc~een enclosu~es, in exchange Tor the ~educed T~ont setback. Secondly, Bu~l Gent~y stated the develope~ ag~eed with the staTT comments ~ega~ding the utility ~equi~ements and Bu~l Gent~y stated the develope~ would modiTY the master plan TO~ the co~ne~ lots, also known as the i~~egula~ lots, by adding a note to the master plan to "see plan" to satisfy the minimum ~equirement TO~ the lot width at the building setback line. Bu~l Gent~y asked TO~ the opportunity to satisTY any questions the Planning and Zoning Board might have and most OT the questions T~om the Planning and Zoning Board ~elated to the issues OT building setbacks being ~educed T~om the cur~ent zoning ~equirement in spite OT the Tact that the code TO~ the City of Boynton Beach allows the 10 subject ~eduction, in exchange TO~ the dedication of the p~ese~ve a~eas and the c~eation OT planned unit development, which allows fo~ flexibility in modiTying the building setback ~equi~ements because of the ~educed lot sizes. This issue was add~essed by Mike Haag with the confi~mation that simila~ p~ojects have been ~ecently app~oved with simila~ setbacks and the Boynton Beach Land Development ~equi~ements clea~ly allow the flexibility as mentioned TO~ a P.U.D. Zoning Dist~ict, seve~al OT the Planning and Zoning Boa~d membe~s still exp~essed thei~ conce~ns with the ~educed setbacks. Bu~l Gentry asked TO~ any other questions from the Planning and Zoning Boa~d Membe~s and the Chai~man, Dave Beasley began a discussion about the ~equired assessments to the lot owne~s TO~ the maintenance of private roadways, street lights and common a~eas. He stated that it is his opinion that this prope~ty would be ext~emely expensive to maintain and estimated the monthly assessment at over $120 per month. Bu~l Gent~y stated he will defer the answer to this question to F~ank Pinto and Bu~l Gent~y int~oduced Frank Pinto. F~ank Pinto began his ~esponse to Dave Beasley by stating the p~oposed assessment would not come close to 1 1 the amount he had estimated. Dave Beasley stated he was a membe~ o~ a p~ope~ty owne~s association and stated he would like to see a budget ~or the p~oposed p~oject because he ~elt that i~ the assessment was too high the develope~ would not be able to complete the development as a p~ivate community. F~ank Pinto stated that he has done p~elimina~y estimates and his estimates a~e signi~icantly lowe~ than those proposed by the Planning and Zoning Boa~d Chai~man and he would provide the estimate to the Planning and Zoning Boa~d to satis~y these conce~ns. F~ank Pinto p~oceeded to discuss the plan to develop $150,000+ home sites with a p~ivate entryway and Frank Pinto stated that the ent~y would be by remote cont~ol or telephone access code without having a 24 hou~ gua~d to maintain a lowe~ assessment to the property owners. Frank Pinto provided an artist's rende~ing ~o~ the proposed entrance on Swinton Avenue and F~ank Pinto expressed to the Planning and Zoning Board that he ~elt he satis~ied the concerns o~ the Planning and Zoning Depa~tment and requested that they approve the proposed rezoning request. The Planning and Zoning Board Chairman stated that since this was a public hearing he requested comments ~rom 12 the citizens within the Council Chambers to be recognized and to please come ~orward. There were three local area residents that stood up against the proposed development, one property owner ~rom the Lake Eden development stated that this project was being proposed with a too high o~ a density in spite o~ the ~act this project is being developed with a density o~ 4.01 units per acre and the code allows a maximum gross density o~ 4.84 units per acre. The property owner stated he was concerned that this project would reduce his property value and negatively a~~ect his property. The property owner immediately South o~ the Hills at Lake Eden project together with her son, both individually came ~orward and spoke against the proposed project with the density issue being their main concern, ~eeling that the density was too high in spite o~ the ~act that this property is located in Delray Beach with a zoning o~ RiA, which allows lots smaller than lots in the proposed development both in minimum ~rontage and minimum lot area. This property owner also expressed a concern about the extension o~ S.E. 36th Avenue and the Planning and Zoning Board Chairman stated that it was not the City's intent to extend S.E. 36th 13 ~ _.,-~_.__._--------------- Avenue, but the comments only cove~ed the comp~ehensive plan ~ecommendations to extend majo~ tho~ough~a~es whenever possible to imp~ove the tra~~ic ci~culation ~o~ the a~ea and the Chai~man also stated that Del~ay Beach had not ~esponded with intentions o~ cooperating with said extension to the extent o~ development with the p~oposed ~ight-o~-way. A thi~d local a~ea ~esident stood up and generalized his concerns ~ega~ding the building setbacks and the density o~ the p~oposed development. Stella Rossi and Ma~y Law, two envi~onmentalist we~e next to come up in succession be~ore the Planning and Zoning Board and each su~p~isingly seemed somewhat subdued but each exp~essed that the Planning and Zoning Board should not approve the subject ~ezoning because they did not ~eel the developer had p~eserved enough o~ the sc~ub a~ea no~ we~e the scrub a~eas p~ope~ly located in spite o~ the ~act the develope~'s envi~onmentalist, Che~yl Ca~pente~ had ~ecommended that the location at the top o~ the two existing ridge a~eas were the p~ime locations ~o~ the p~ese~ve a~eas and we~e utilized by the master plan and the city' Foreste~/Environmentalist had agreed that the proposed prese~ve a~eas we~e the best locations on the 14 subject property. Following the comments, the Chairman o~ the Planning and Zoning Board asked i~ anyone else would like to speak and no one else came ~orward. The Chairman called ~or a vote or a recommendation and one o~ the Board members recommended denial and the motion was seconded and the vote was 7 - 0 ~or denial o~ the proposed rezoning. ~q~~ urlison A. Gentry 15 t'f,(V,) .,7'T" ......".....1 PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-637 r TO: Jim Cherof City Attorney Tambri J. HeYden~~ Planning and Zoning ?frector -.~~~ Michael E. Haag .' L Current Planning~rdinator November 8, 1995( / THROUGH: FROM: DATE: SUBJECT: Hills of Lake Eden - Unified Control Documents (City Attorney Approval) File No. REZN 95-002 As a requirement for rezoning application to PUD, unified control documents are required (Chapter 2.5, Section 6 of Land Development Regulations) . Instead the applicant has submitted draft homeowner's association documents. Is this acceptable? The property is being rezoned from R-1AAB to PUD. The rezoning request is being advertised for review by the Planning and Development Board on November 10, 1995, and the City Commission on November 17, 1995. Since what has been submitted is homeowner's association documents, finalization including appropriate exhibits and recording of same with Palm Beach County does not occur until the City Commission approves the plat. The final version of the plat and master plan will not be of record until the applicant addresses comments and conditions approved by the City Commission. With regards to the documents submitted, the Planning and Zoning Department has the following comments: 1. Since these documents can't be finalled now, should the usual unified control documents be submitted prior to ordinances to satisfy the rezoning requirements? 2. Article III, Section 1, add the following sentence as the last sentence in the section: Whenever the regulations and requirements of this document are at variance with the city approved master plan, plat of record and/or lawfully enacted and adopted rules, regulations, ordinances or laws of the City of Boynton Beach, the city approved master plan, plat of record and the lawfully enacted and adopted rules, regulations, ordinances or laws of the City of Boynton Beach shall apply. 3. The document references two (2) "N' exhibits one as the Articles and By-Laws and the other as the legal description. Amend the exhibits and references accordingly. Also reference the legal description as the plat of record. 4. Article VII, Section 3, add the following sentence as the last sentence in the section: Structural modifications or alterations to a building will require a building permit from the City of Boynton Beach. 5. Article ~II, Section 4, change the first two sentences to read as follows: Buildings shall be located in conformance with the approved master plan of record in the City of Boynton Beach, County of Palm Beach, Florida. Whenever a modification to a location is granted according to the City of Boynton Beach Code of Ordinances, said modification is hereby adopted as an amendment to this section and any future city approved modifications shall constitute an amendment of this section. 6. Appropriate signatures are required on the city approved document. Page 2 Memorandum No. 95-637 Hills of Lake Eden File No. REZN 95-002 7. All exhibits shall be attached to the city approved document. Please forward your determination of the acceptance of the documents to the Director of the Planning and Zoning Department prior to November 14, 1995. This department will forward the unresolved issues to the applicant for correction. Upon receiving the corrected document we will forward the document to you for final review. This department will hold the city approved document until the appropriate exhibits are added. The applicant will have the responsibility to record the document and return a copy of same to the Planning and Zoning Department prior to the issuance of a land development permit to start construction of the project. Thank you for your prompt response. MEH:dim Attachments xc: Central File a:HillsUCD,Att Articles of Incorporation of the ! Hills At Lake Eden Homeowners I Association, Inc. \ .". .''': .,. 3 011I ~, \ PlANN\;\iG-f~-' ZONlti,~~DP , -",--- ,- --- In order to form a corporation not-for-profit under and in accordance with the provisions of Florida Chapter 617 of the Florida Statutes, the undersigned subscribers hereby incorporate, by the Articles of Incorporation of Hills At Lake Eden Homeowners I .t\s~ciation, Inc. ("Articles"), this corporation not-for-profit for the purposes and with the powers set forth herein. The undersigned, for the above-stated purposes, certify as follows: ARTICLE I Definitions A. All terms which are defined in the Declaration of Restrictions and Protective Covenants, Conditions, and Restrictions for Hills At Lake Eden ("Declaration") recorded or to be recorded in the Public Records of Palm Beach County, Florida, shall be used herein with the same meanings as defmed in said Declaration. B. Association as used herein shall mean Hills At Lake Eden Homeowners I Association, Inc., a Florida Association not-for-profit, the Association formed by these Articles, its successors or assigns. The Association is NOT a condominium association, pursuant to Florida Chapter 718. C. Hills At Lake Eden Association documents shall mean the Declaration, as may be amended from time to time, these Articles, and the By-Laws of the Association. ARTICLE II Name The name of this Association shall be HILLS AT LAKE EDEN HOMEOWNERS' ASSOCIATION, INC. (hereinafter referred as the Association), whose present address is 320 S.E. 2nd Avenue, Deerfield Beach, Florida 33441. ARTICLE III Purposes' The purposes for which this Association is organized are to take title to, operate, administer, manage, lease and maintain the Association Common Areas, or such portions thereof, being that certain property contained in the Plat of Hills At Lake Eden, a P. U. D., recorded or to be recorded in the Public Records of Palm Beach County, Florida as are dedicated to or made the responsibility of the Association in the Declaration, a Supplement or in any Association Documents, in accordance with the terms of and purposes set forth therein; and to conduct any g: Ipintolnewportlarticles. hit 1 lawful business permitted under the laws of the State of Florida for Associations not-for-profit in order to carry out the covenants and enforce the provisions of any Hills At Lake Eden Documents. The Association is not organized for profit and no part of the net earning, if any, shall inure to any Member or individual person, firm or corporation. ARTICLE N Powers -. The Association shall have the following powers and shall be governed by the following provisions: A. The Association shall have all of the common law and statutory powers of a Association not-for-profit. B. The Association shall have all of the powers reasonably necessary to implement the purposes of the Association, including but not limited to the following: 1. To perform any act required or contemplated by it under the Declaration, any Supplement or any other Association Documents. 2. To make, establish and enforce reasonable rules and regulations governing the use of the Committed Property or any portions thereof, including, without limitation, the Association Common Areas. 3. To maintain, repair, replace and operate the Association Common Areas in accordance with the Association Documents. 4. To enforce the provisions of the Declaration and other Association Documents. 5. To employ personnel; to retain independent contractors and professional personnel; and to enter into service contracts to provide for the maintenance, operation and management of the Committed Property; and to enter into any other agreements consistent with the purposes of the Association, including but not limited to agreements with respect to the installation, maintenance and operation of a master television antenna system and cable television system, or for professional management of the Committed Property and to delegate to such professional management certain powers and duties of the Association. 6. To establish Rules and Regulations regarding the use of property operated and managed by it. 7. To do all things necessary to carry out the operation of the Association as a natural person might or could do and to exercise and enjoy all the powers, rights and g: Ipinto Inewportlarticles, hi! 2 privileges granted to or conferred upon Association of similar character by the provisions of Chapter 617, Florida Statutes. 8. The Association is not authorized to profit nor shall it have the power to issue certificates of stock or pay dividends and no part of the net earnings of the Association shall be distributed, upon dissolution or otherwise, to any individual. The Association may pay compensation in reasonable amount to its Members; Directors or Officers, for services, including pensions. No compensation shall be paid to Directors for their services as Directors; however, compensation shall be paid to a Director in his or her capacity as an officer or employee or for services rendered to the Association outside of his or her duties as a Director. In such case, however, said compensation must be approved in advance by the Board of Directors and the Director to receive said compensation shall not be permitted to vote on said compensation. The Board of Directors shall have the right to set and pay all salaries or compensation to be paid to officers, employees, agents or attorneys for services rendered to this Association. 9. All funds and title to all interests in property acquired by the Association, whether fee simple, leasehold, or otherwise and the proceeds thereof shall be held in trust for Members of the Association. 10. The Association shall not be authorized to make any unreasonable accumulations of cash or assets as determined by the Internal Revenue Code or the rules and regulations pursuant thereto. ARTICLE V Members and Voting The qualification of Members, the manner of their admission to membership and voting by Members shall be as follows: A. Membership. Every person or entity who is a record Owner of a fee or undivided fee interest in any fee simple single family Lot which is subject by covenants of record to assess by the Association shall be a Member of the Association, provided that no such person or entity who holds such interest merely as security for the performance of any obligation shall not be a Member B. Voting Rights Voting rights shall be-as follows: 1. Person Entitled to Vote: (a) The vote of the owners of a Lot owned by more than one natural person or by the Association or other legal entity shall be cast by the person (Voting Member) named in a proxy or certificate of voting authorization (Certificate) executed by all of the Owners of the Lot, if appropriate, by properly g: \pinto \newport\articles.hil 3 designated officers, partners or principals of the respective legal entity and fIled with the Secretary of the Association. If such a proxy or Certificate is not fIled with the Secretary of the Association, the vote of such Lot shall not be considered for a quorum or for any other purpose. (b) Notwithstanding the provisions of Paragraph immediately above, whenever any Lot is owned by a husband and wife they may, .but shall not be required to, designate a Voting Member. In the event a proxy or Certificate designating a Voting Member is not fIled by the husband and wife, the following provisions shall govern their right to vote: (i) where both husband and wife are present at a meeting, each shall be regarded as the agent and proxy of the other for purposes of casting the vote for each Lot owned by them. In the event they are unable to concur in their decision upon any subject requiring a vote, they shall lose their right to vote on that subject at that meeting; (ii) where only one (1) spouse is present at a meeting, the spouse present may cast the Lot vote without establishing the concurrence of the other spouse, absent any prior written notice to the contrary to the Association by the other spouse. In the event of prior written notice to the contrary to the Association by the other spouse, the vote of said Lot shall not be considered; (ill) where neither spouse is present, the person designated in a proxy or Certificate signed by either spouse may cast the Lot vote, absent any prior written notice to the contrary to the Association by the other spouse or the designation of a different Voting Member by the other spouse. In the event of prior written notice to the contrary to the Association or the designation of a different Voting Member by the other spouse, the vote of said Lot shall not be considered. The Association shall have the right to suspend any Member's right to vote for any period during which any assessment levied by the Association against any such Member's Lot shall remain unpaid for more than thirty (30) days after the due date for the payment thereof. 2. Each and every Member shall be entitled to the benefits of membership, and shall be bound to abide by the provisions of the Association Documents. 3. Meetings of Members The By-Laws of the Association shall provide for Annual Meetings of Members, and may make provisions for regular and special meetings of Members in addition to the annual meetings. The number of votes necessary and required to constitute a quorum, any meeting of Members shall be established in the By-Laws of the Association. ARTICLE VI Term The term for which this Association is to exist shall be perpetual. ARTICLE VII g: \pinto \newport\aI1icles. hil 4 Incorporators The name and street address of each of the Incorporators of the Association are as follows: Name Address FRANK PINTO ARTICLE VIII Officers A. The affairs of the Association shall be managed by the President of the Association, assisted by one (1) or more Vice Presidents, a Secretary and a Treasurer and, if elected by the Board, one (1) or more Assistant Secretaries and one (1) or more Assistant Treasurers, which officers shall be subject to the direction of the Board. B. The Board shall elect the President, the Vice President, the Secretary and the Treasurer; and as many Vice Presidents, Assistant Secretaries and Assistant Treasurers as the Board shall, from time to time, determine appropriate. Such officers shall be elected annually by the Board at the first meeting of the Board; provided, however, that such officers may be removed by the Board and other persons may be elected by the Board as such officers in the manner provided in the By-Laws. The President shall be a member of the Board, but no other officer need be a member of the Board. The same person may hold two offices, the duties of which are not incompatible; provided, however, the offices of President and Vice President shall not be held by the same person, nor shall the offices of President and Secretary or Assistant Secretary be held by the same person. ARTICLE IX First Officers The names of the officers who are to serve until the first election of officers by the Board of Directors are as follows: President: FRANK PINTO Vice President: Secretary /Treasurer: ARTICLE X g: \pinto\newport\articles, hi! 5 Board of Directors A. The number of members of the First Board of Directors ("First Board") shall be - U. Thereafter, the number of members of the Board shall be as provided in Paragraph C of this Article X. B. as follows: The name and street address of each person who is to serve as the First Board are Name Address FRANK PINTO 320 S.E. 2nd Avenue, Deerfield Beach, FL 33441 The First Board shall be the Board of the Association until the first Annual Members' Meeting. The Developer shall have the right to appoint, designate or elect all the members of the First Board until the first Annual Members' Meeting and in the event of any vacancy, fIll any such vacancy. Developer reserves the right to remove any Director from the First Board. C. 1. After the Association Turnover Date, the Board shall be composed of _ Directors plus those Directors, if any, which Developer is entitled to designate as set forth in Paragraph D of this Article X. The Association Turnover Date shall occur in accordance with Article III, Section 3 of the Declaration. 2. Within thirty (30) days subsequent to the happening of any of the foregoing events, whichever shall first occur, Developer shall relinquish its right to appoint, designate or elect Directors and shall cause all the Directors on the First Board to resign. 3. The term Conveyed shall mean the sale of a Lot in fee simple to a purchaser who is not designated as the Developer and the recording of an instrument of conveyance to such purchaser amongst the Public Records of the County. D. 1. At the first Annual Members' Meeting, and at all Annual Members' Meetings thereafter until the Association Turnover Date, the Members shall elect one Director. 2. At the first Annual Members' Meeting after the Association Turnover Date, and at all Annual Members' Meetings thereafter, the Members shall elect all of the Directors. Furthermore, after the Association Turnover Date and for so long as Developer owns Lots, Developer shall have the right, but not the obligation, to designate one additional Director and his/her successors (Developer Director). The Directors to be elected by the Members shall be elected to Initial Terms (as that term is hereinafter defined) of one (1) year. g: Ipinto\newportlartic1es. hi! 6 E. Except for Directors designated by Developer on the First Board and Developer Director, all Directors must be Members. F. The resignation of a Director who has been designated, appointed or elected by Developer, or the resignation of an officer of the Association who was elected by the First Board, shall remise, release, acquit, and forever discharge such Director or officer of and from any and all manner of action(s), cause(s) Qf action, suits debts, dues, claims, bonds, bills, covenants, contracts, controversy, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity which the Association or Members had, now have, or will have; or which any personal representative, successor, heir or assign of the Association or Members hereafter may have against such Director or officer by reason of his having been a Director or officer of the Association. ARTICLE XI Indemnification Every Director and every officer of the Association shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees through all trial and appellate levels, reasonably incurred by or imposed upon him in connection with any proceeding, arbitration or settlement to which he may be a party, or in which he may become involved, by reason of his being or having been a Director or officer of the Association, whether or not he is a Director or officer at the time such expenses are incurred. Notwithstanding the foregoing, in the event of a settlement, the indemnification provisions herein shall not be automatic and shall apply only when the Board approves such settlement. Notwithstanding anything contained herein to the contrary, in instances where the Director or officer admits or is adjudged guilty of willful malfeasance in the performance of his duties, the indemnification provisions contained herein shall not apply. Otherwise, the foregoing right of indemnification shall be in addition to and not exclusive of any and all right of indemnification to which such Director or officer may be entitled by common law or statute. ARTICLE XII By-Laws By-Laws of the Association shall be adopted by the First Board and thereafter may be altered, amended, or rescinded in the manner provided for in the By-Laws. In the event of a conflict between the provisions of these Articles and the provisions of the By-Laws, the provisions of these Articles shall control. g: \pinto \newport\articles, hi! 7 ARTICLE XIII Amendments A. These Articles may be amended by the following methods: 1. (a) The Board shall adopt a resolution setting forth the proposed amendment and directing that it be submitted to a vote at a meeting of Members, which may be either the Annual Members' Meeting or a special meeting. Any number of proposed amendments may be submitted to the Members and voted upon by them at one meeting. (b) Written notice setting forth the proposed amendment or a summary of the changes to be effected thereby shall be given to each Member within the time and in the manner provided in the By-Laws for the giving of notice of meetings of Members ("Required Notice"). (c) At such meeting a vote of the Members shall be taken on the proposed amendment(s). The proposed amendment shall be adopted upon receiving the affirmative vote of a majority of all Members entitled to vote thereon. 2. An amendment maybe adopted by a written statement (in lieu of a meeting) signed by all Directors and all Members setting forth their intention that an amendment to these Articles be adopted. B. No amendment may be made to these Articles which shall in any manner reduce, amend, affect or modify the terms, conditions, provisions, rights and obligations set forth in the Declaration. C. Florida. A copy of each amendment shall be filed and certified by the Secretary of State of D. A certified copy of each such amendment shall be attached to any certified copy of these Articles and shall be part of such Articles and an exhibit to the Declaration upon the recording of the Declaration; or, in lieu thereof, Restated Articles (as hereinafter described) may be adopted and a certified copy thereof shall be attached as an exhibit to the Declaration upon recordation thereof. E. Notwithstanding the foregoing provisions of this Article XIII, there shall be no amendment to these Articles which shall abridge, amend, or alter the rights of: (i) Developer, including the right to designate and select the Directors as provided in Article X hereof, without the prior written consent thereto by Developer; (ii) any Institutional Mortgagee without the prior written consent of such Institutional Mortgagee. g: \pinto \newport\artic1es, hil 8 ARTICLE XIV Successor Entities In the event of the dissolution of the Association, or any successor entity thereto, any property dedicated or conveyed to the Association shall be transferred to either a successor entity or an appropriate governmental agency or public body to be maintained for the purposes for which, the Association, or a successor thereto, was maintaining such property in.a~ordance with the terms and provisions under which such property was being held by this Association, or such successor. ARTICLE XV Transactions in which Directors or Officers are Interested No contract or transaction between the Association and one or more of itS -Directors or officers, or between the Association and any other corporation, partnership, association, or other organization in which one or more of its Directors or officers are Directors or officers, or have a financial interest, shall be valid, void or voidable solely for such reason, or solely because the Director or officer is present at or participates in the meeting of the Board or committee thereof which authorized the contract or transaction, or solely because his or their votes are counted for such purpose. No Director or officer of the Association shall incur liability by reason of the fact that he is or may be interested in any such contract or transaction. Interested Directors may be counted in determining the presence of a quorum at a meeting of the Board of Directors or of a committee which authorized the contract or transaction. ARTICLE XVI Restatement of Articles A. All provisions contained within these Articles plus any amendments thereto may at any time be integrated into a single instrument as Restated Articles and adopted by the Board. Such Restated Articles shall be specifically designated as such and shall state. ,either in the heading or in the introductory paragraph, the Association I s name and, if it has been changed, the name under which it was originally incorporated and the date of filing of the original Articles or any restatements thereof in the Office of the Secretary of State of the State of Florida. Such Restated Articles shall also state that they were duly adopted by the Board and that such Restated Articles only restate and integrate and do not further amend the provisions of these Articles as theretofore amended, or that any amendment included therein has been adopted pursuant to Article XIII hereof and that there is no discrepancy between these Articles as theretofore amended and provisions of the Restated Articles other than the inclusion of the properly adopted amendments. B. Upon the filing of Restated Articles by the Secretary of State of Florida, the original Articles, as theretofore amended, shall be superseded, and thenceforth the Restated Articles shall be these Articles of Association of the Association. g: \pinto \newport\articles, hil 9 C. Amendments may be made simultaneously with restatement of these Articles if the requirements of Article XIII are complied with. In such event, the Articles of Association shall be specifically designated as such. ARTICLE XVII Registered Office and Registered Agent The street address of the initial registered office of the Association is FRANK PINTO and the initial Registered Agent of the Association at that address shall be 320 S.E. 2nd Avenue, Deerfield Beach, Florida 33441. IN WITNESS WHEREOF, we, FRANK PINTO and the Incorporators of Hills At Lake Eden Homeowners' Association, Inc., have hereunto affixed our signatures and caused the corporate seal thereof to be hereunto affixed this - _ day of 19 FRANK PINTO g; Ipintolnewportlarticles. hi! 10 CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE FOR THE SERVICE OF PROCESS WITHIN FLORIDA, NAMING AGENT UPON WHOM PROCESS MAY BE SERVED In compliance with Section 48.091, Florida Statutes, the following is sUPIl:litted: First: That Hills At Lake Eden Homeowners I Association, Inc. desiring to organize or qualify under the laws of the State of Florida, with its principal officer of business at the City of Deerfield Beach, State of Florida, has named Frank Pinto, located at 320 S.E. 2nd Avenue, Deerfield Beach, Florida 33441, as its agent to accept service of process within Florida. ACKNOWLEDGMENT Having been named to accept service of process for the above state corporation, at the place designated in this certificate, I hereby agree to act in his capacity, and I further agree to comply with the provisions of all statutes relative to the Property and complete performance of my duties. Dated this day of ,1995. FRANK PINTO g: \pinto\newport\articles. hi! 11 DECLAR AND I ON OF RESTRICTI S TECTlVE COVENANTS FOR LAKE EDEN, A P.U.D. Prepared By and Return To: ROBERTA DUNN BARTLEY, ESQ. MITCHELL B. KIRSCHNER, P.A. 301 YAMAT9 ROAD, SUITE 2110 BOCA RATON, FL 33431 HILLS AT THIS DECLARATION is made this day of , 199___, by NEWPORT PROPERTIES, INC., a Florida corporation, which declares that the real property described in Article II is and shall be held, transferred, sold, conveyed and occupied subj ect to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") set forth below, and joined in by HILLS AT LAKE EDEN HOMEOWNERS' ASSOCIATION, INC., a Florida not-for-profit corporation, for the purpose of protecting the value and desirability of, and which run with said real property and shall be binding on all parties having any right, title or interest in said real property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof as hereinafter defined. The Association, as hereinafter defined, is not a condominium association and, therefore, shall not be affected by the provisions of Chapter 718, Florida Statutes. Further, the expressed intent of this Declaration is that the substantive rights hereunder shall not be retroactively affected by legislation subsequent to the date of execution. ARTICLE I DEFINITIONS The following words when used in this Declaration (unless the context shall prohibit) shall have the following meanings: (a) "Assessments" - those payments due pursuant to Article V, whether General or Special (as hereinafter defined), or a combination thereof. (b) "Association" HILLS AT LAKE EDEN HOMEOWNERS' ASSOCIATION, INC., a Florida corporation not-for-profit, which is incorporated. This is the Declaration of Restrictions and Protective Covenants to which the Articles of Incorporation ("Articles") and By-Laws ("By- Laws") of the Association make reference, copies of the g:lpintolnewportldeclarat 1 Articles and By-Laws are attached hereto as Exhibit "A" and are incorporated herein by reference. (c) "Common Areas" - the real property legally described in Exhibit "B" attached hereto and incorporated herein by reference, and any other interest in real property acquired by the Association and deemed Common Areas either in this Declaration or in the instrument of conveyance, together with any improvements on. such tracts including, without limitation, all structures, recreational facilities, offstreet parking areas, private streets, sidewalks, street lights, and entrance features, but excluding any public utility installations thereon. (d) "Developer" NEWPORT PROPERTIES, INC. , a Florida corporation, its successors and assigns, if such successor or assignee acquires the undeveloped portion of the Properties and is designated as such by NEWPORT PROPERTIES, INC. The Developer may make partial or multiple assignments of its rights under this Declaration. All such assignees shall be deemed to be the Developer as to those rights which may have been assigned to them and accepted by them. (e) "General Assessments" Assessments levied to fund expenses applicable to all Members of the Association. (f) "Lot" - any Lot in the Properties and any Lot shown upon any re-subdivision of any plat of the Properties or any portion thereof. Owners of more than one lot shall be entitled to one (1) vote for each lot owned. (g) "Member" all those Owners who are members of the Association as provided in Article III, Section 1 hereof. (h) "Owner" - the record owner, whether one or more persons or entities, of the fee simple title to any Lot. Notwithstanding any applicable theory of mortgage, Owner shall not mean or refer to a mortgagee of a Lot unless and until such mortgagee has acquired ticle to the Lot pursuant to foreclosure or any proceeding in lieu of foreclosure. (i) "Properties" all properties, and additions thereto (which additional proper.ties mayor may not be contiguous to the real property described in Article II herein), as are subj ect to this Declaration or any Supplemental Declaration under the provisions of Article II hereof, together with all improvements on such real property. (j) "Special Assessment" - Assessments levied in accordance with Article V, Section 4 of this Declaration. g:\pintolnewport\declarat 2 ARTICLE II PROPERTY SUBJECT TO THE DECLARATION: ADDITIONS THERETO Section 1. Leqal Description. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Palm Beach County, Florida, and is more particularly described in Exhibit "A" attached hereto and made a part hereof. Section 2. Developer's Riqht to Add Additional Property to or Withdraw Property. Developer shall have the right, in its sole discretion, to add additional property (which mayor may not be contiguous to the real property described in Section 1) to the scheme of this Declaration. Developer shall also have the right to withdraw property from the scheme of this Declaration, subject to the approval of Palm Beach County. The addition or withdrawal by Developer shall not require the consent or joinder of the Association, or any Owner or mortgagee of any of the Properties. Upon addition of any property to the scheme of this Declaration, such additional property shall be and become subj ect to this Declaration, including assessment by the Association for their prorata share of the Association expenses. No property shall be withdrawn from this Declaration unless such property is dedicated to another association or governmental authority. The addition of lands as aforesaid shall be made and evidenced by filing in the Public Records of Palm Beach County, Florida, a supplementary declaration with respect to the lands to be added. ARTICLE III HILLS AT LAKE EDEN HOMEOWNERS' ASSOCIATION, INC. Section 1. Formation. At or about the time of the recording of this Declaration, Declarant has caused the Association to be formed, by the filing of the Articles therefor in the office of the Secretary of the State of Florida. The purposes and powers of the Association shall be all of the purposes and powers set forth in this Declaration and in its Articles and By-Laws. The Association shall be responsible for the execution, performance, administration and enforcement of all the terms and conditions of the Declaration. Section 2. Membership. Every Owner, including the Developer, as long as the Developer owns one or more Lots, shall be a member of the Association, and by acceptance of a deed or other instrument evidencing his ownership interests, each Owner accepts its membership in the Association, acknowledges the authority of the Developer and the Association as herein stated, and agrees to abide by and be bound by the provisions of this Declaration and any g :\pintolnewport\declarat 3 supplement thereto, as well as the Articles, the By-Laws, and other rules and regulations of the Association. In addition to the foregoing, the families, employees, agents, guests, invitees, and tenants of Owner shall, while in or on the Properties, abide by and be bound by the provisions of all of the foregoing. Membership in the Association shall be appurtenant to, and may not be separated from, ownership of any Lots. Section 3. Votinq Riqhts. classes of voting membership: The Association shall have two Class A Class A members shall be all those Owners as defined in Article I, with the exception of the Developer. Class A members shall be entitled to one vote for each Lot in which they hold the interests required for membership by Article I. When more than one person holds such interest or interests in any Lot, all such persons shall be members, and the vote for such Lot shall be exercised by one such member as specified in the Articles of Incorporation of the Association, but in no event shall more than one vote be cast with respect to any such Lot. Class B The Class B member shall be the Developer. The Class B member shall be entitled to one vote for each Lot in which it holds the interest required for membership by Article I; provided, however, that notwithstanding any provision to the contrary, the Developer shall have the right to elect the entire Board of Directors of the Association until such time as Developer no longer holds the title to any portion of the Properties or to any additional property which may have been brought under the provisions hereof by recorded supplemental declarations, as set forth in Article II hereof. Within one hundred twenty (120) days after' the date the Developer no longer holds title to any portion of the Properties, Developer shall call a meeting, as provided in the Bylaws for Special Meetings, to advise the membership of the termination of the Class B status and to provide for the turnover of control of the Board of Directors to the Memb~rs. Section 4. Merqer or Consolidation. Upon a merger or consolidation of any association referred to herein with any other association as provided in its Articles of Incorporation, the properties, rights and obligations of such Association may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights g:\pintolnewport\declarat 4 and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as the surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and restrictions established by this Declaration within the Properties together with the covenants and restrictions established upon any other property as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration within the Properties. Section 5. Termination of the Association. In the event of dissolution of the Association, for whatever reason other than merger or consolidation as provided for herein, any Owner may petition the Circuit Court of the Fifteenth Judicial Circuit of the State of Florida for the appointment of a Receiver to manage the affairs of the Association and to make such provisions as may be necessary for the continued management of the affairs of the dissolved Association, the Properties and Common Areas. - Section 6. Common Areas. (a) Ownership. Developer may retain the legal title of the Common Areas so long as it owns fee simple title to at least one Lot in the Properties. Within one hundred twenty (120) days after the conveyance by Developer of the last Lot which it owns in the Properties (or sooner at the Developer's option), the Developer or its successors and assigns shall convey and transfer the record fee simple title to the Common Areas to the Association and the Association shall accept such conveyance, subject to taxes for the year of conveyance and to restrictions, limitations, conditions, reservations and easements of record. (b) Maintenance. Commencing with the date this Declaration is recorded, the Association shall be responsible for the maintenance of the Common Areas and any improvements, and any personal property thereon in a continuous and satisfactory manner and for the payment of taxes assessed against the Common Areas occurring from and after the date this Declaration is recorded. Such taxes shall be prorated between Developer and the Association as of the date of such recordation. The Association shall at all times maintain in good repair, and shall replace as often as necessary, any and all improvements situated on the Common Areas (upon completion of construction by Developer), including, but not limited to, all recreational facilities, landscaping, paving, drainage, structures, street lighting fixtures and appurtenances, cables for common use, fountains and other structures, except public utilities, all such work to be done as ordered by the Board of Directors of the Association acting on a majority vote of the Board members. Maintenance of the street lighting fixtures and fountains shall include the fixtures and fountains within the Common Areas and shall further extend to payment for electricity and water consumed in the illumination of such lights and in the g:\pinto\newport\declarat 5 operation of such fountains. All work pursuant to this Section and all expenses hereunder shall be paid for by the Association through Assessments imposed in accordance with Article V hereof. Such Assessments shall be General Assessments and levied against all Lots equally; provided, however, that the cost of any maintenance, repair or replacement caused by the negligent conduct of a Member or by the failure of a Member to comply with the lawfully adopted rules and regulations of the Association shall be levied as a Special Assessment against such Member. No Owner may waive or otherwise escape liability for the Assessments for such maintenance by non-use of the Common Areas or abandonment of his right to use the Common Areas. (c) Develooer's Riaht to Common Areas. Developer shall have the right from time to time to enter upon the Common Areas during periods of construction upon adj acent properties and for the purpose of construction of any facilities on the Common_Areas for overhangs, protrusions ilnd encroachments of any portio-n of the improvements to a Lot which are constructed by Developer. (d) Street and Decorative Liqhtinq. The Association shall have the obligation for maintenance of any street lighting facilities, landscape lighting and fountain lighting, from the date of recording this Declaration or from the date of installation of any such lighting, whichever occurs first, in the event the Developer, in its sole discretion, elects to install such lighting. Section 7. Lot Maintenance. The Association shall provide maintenance of all lawn and landscape areas locating up to the front door of the Properties (including all vegetation, grass, plants, shrubs, trees and the like and buildings and fences located thereon). Each individual Lot Owner shall maintain and repair his individual front residence door, windows, screening, swimming pool, pool deck, spa, landscaping and sprinkler system at the residence or in its courtyard or patio, as well as his roof eaves and gutters; and shall also maintain all of his landscape areas other than up to his front door. He shall also be responsible for all exterior maintenance for his Lot including, but not limited to, painting, repairs, replacements and care for exterior building surfaces and roofs, including all residence doors, windows, screening, roof eaves and gutters, sprinkler systems, (including sprinkler heads, pipes, pumps, timers and electricity) garage doors and fences; provided, however, that the Association reserves the right to maintain such areas if, in its sole discretion, the Association deems it desirable. Th€ obligations of the Association as described herein shall extend only to the landscaping and those buildings and fences as were originally installed by the Developer. If requested by an Owner, the Association may, at its option, provide exterior maintenance on Owner-installed improvements, fences, sprinkler systems, landscaping, shrubs, swimming pools and pool decks, etc., and levy upon the Owner on whose Lot such work is performed a Assessment equal to the cost of such additional work. g:lpintolnewportldeclarat 6 If any Owner fails to maintain any area for which such Owner is responsible or provide any other maintenance on the outside of the lot and/or residence erected thereon to the reasonable satisfaction of the Association, the Association may, at its option, provide such maintenance service and the Owner shall be responsible for the expense of such maintenance, together with such service and administrative charge which is reasonable, which expenses and charges may be levied as a Special Assessment. The.. Board of Directors of the Association shall estimate the cost .of any such maintenance to be provided by the Association as described herein other than those designated as Special Assessments for each year, but said Board shall, thereafter, make such adjustment with the Owners as is necessary to reflect the actual cost of such exterior maintenance. Because the costs and expenses incurred by the Association in the performance of its maintenance duties may vary from Lot to Lot, exterior maintenance shall be assessed to each Lot based on the specific benefit of such maintenanc~ to each particular Lot and such costs and charges for the maintenance as may be documented by the Association. The cost of any exterior maintenance caused by the negligent conduct of an Owner or by the failure of such Owner to comply with the lawfully adopted rules and regulations of the Association shall be levied as a Special Assessment against such Owner. In addition, an Owner may be specially assessed for any damage or injury caused by the negligent conduct of such Owner to any easement areas granted to provide access to perform the exterior maintenance. Nothing contained herein shall obligate the Association to make repairs or replacements of improvements damaged by fire, windstorm, hail or other casualty; such repairs or replacements shall be made by the Owner of the Lot which suffers damage. The Association shall not be obligated to repair any mechanical equipment (e.g., air conditioning unit, water pumps) which serve the building residences located on the Lots, nor shall it be responsible for any repairs which could be made pursuant to the terms of any warranty covering a residence. It is the intention hereof that the Association shall perform only routine maintenance as described in this Section 6. No owner shall change, modify or alter any part of the landscaping, sprinklers and sprinkler system, light fixtures and light systems, trees, grass, vegetation, shrubbery and the like within the area that is within fifteen (15) feet of each front Lot line, nor shall any Owner erect any fencing, wall or place any additional plants or shrubbery within this fifteen (15) foot area. Section 8. Drainaqe. A storm,water Storage Easement exists in favor of the executed by the Developer and the Association which provides for storm water storage upon and drainage over the Lots and the Common Areas. A copy of such Easement is attached hereto as Exhibit "D". In connection with that said easement and water flow, it is possible that standing water may be present on the Lots, but for which no claim will exist against the said Developer or Association. g:lpinto Inewportldeclarat 7 Section 9. Powers. The Association, through the action of its Board of Directors, shall have the power, but not the obligation, to acquire, by purchase, lease or otherwise, one or more dwelling units for occupancy by its employees or independent contractors, and to enter into an agreement or agreements from time to time with one or more person, firms or corporations for management services. The Association shall have all other powers as provided in its Articles of Incorporation. _ Section 10. Rules and Requlations. The Association, through its Board of Directors, may make and enforce reasonable rules and regulations governing the use of the Properties, which rules and regulations shall be consistent with the rights and duties established by this Declaration. Sanctions may include reasonable monetary fines, which shall be levied as Special Assessments as provided in Article V, Section 4, of this Declaration, and suspension of the right to vote and the right to use the Common Areas. The Board shall, in addition, have the power to seek relief in any court for violations or to abate nuisances. Imposition of sanctions shall be as provided in the Bylaws of the Association. In addition, the Association, through the Board, may, by contract or other agreement, enforce court ordinances or permit Palm Beach County to enforce ordinances on the Properties for the benefit of the Association and its Members. ARTICLE IV ARCHITECTURAL CONTROL BOARD Section 1. Architectural Control Board. The Architectural Control Board ("ACB") shall be a standing committee of the Association. The Architectural Control Board shall have the power to promulgate such rules and regulations as it deems necessary to carry out the provisions and intent of this Section and other provisions of this Declaration. The initial rules and regulations of the Architectural Control Board are set forth on Exhibit "C" attached hereto and made a part hereof, and any amendment or modification of such rules and regulations shall not be deemed an amendment to this declaration and need not be recorded in the Public Records. The initial Architectural Control Board shall consist of one (1) member: FRANK PINTO, and the address of the Board shall be 320 SE 2nd Avenue, Deerfield Beach, FL 33441. When all residential dwelling units proposed to be constructed within the Properties have been conveyed-to Owners, the Board shall be increased to three members and such members shall be designated by the Directors of the Association. In the event of death, disability or resignation of any member of the Board, the remaining Members shall have full authority to designate a successor. The members of the Board need not be members of the Association and shall not be entitled to any compensation for services performed pursuant to this Section. A majority of the Board may take any g:lpintolnewportldeclarat 8 action the Board is empowered to take, may designate a representative to act for the Board, and may employ personnel and consultants to act for it. This Section 1, and the following Sections 2-5, shall not apply to the Developer or any other entity acquiring one (1) or more Lots in the Properties for the purpose of constructing residences for immediate sale to ultimate residents. Notwi thstanding the foregoing, or anything set forth in this Declaration to the contrary, certain Architectural apprQval rights exist in favor of the Developer's vendor, --, as set forth in Exhibit "C" attached hereto. At no time shall the Architectural Control Board take any action or permit through its inaction any result which would be in conflict with those retained approval rights. Section 2. Owner to Obtain Aooroval. No Owner shall make, install, construct, place, or remove any building, fence, screen, enclosure, porch, wall, patio area, pool, spa, landscaping or any other alteration, addition, improvement, or change of any kind or nature to, in or upon any portion of the Common Areas or the Owner's Lot, including, but not limited to any and all aesthetic items including paint and trim colors, style or design extension fixtures, artistry, ornaments, sports or recreational apparatus, and/or any other such items unless the Owner first obtains the written approval of the Association to same, except that such approval shall not be required for any maintenance or repair which does not result in any such alteration, addition, improvement or change of any kind or nature to any improvement, including the color of same. Likewise, no exterior radio, television or other antennae or satellite dishes shall be installed without the consent of the ACB, which may be withheld for any reason, without the necessity of consistent application. Section 3. Association's Consent. Any request by an Owner for approval by the ACB to any addition, alteration, improvement or change shall be in writing and shall be accompanied by plans and specifications or other details as the ACB may deem reasonably necessary in connection with its determination as to whether or not it will approve same. Approval of any request shall not be unreasonably withheld, and shall not be withheld in a discriminatory manner or in a manner which unreasonably prohibits the reasonable development of any Lot but may be withheld due to aesthetic considerations. Notwithstanding the foregoing, in addition and not in a limitation, the ACB may withhold approval for upgraded landscaping to be installed by an Owner within that portion of his Lot to be maintained by the Association solely due to maintenance and related considerations, and the ACB may withhold approval for construction of non-developer installed swimming pools or modifications to developer-installed swimming pools due to nuisance and related considerations (such as the likelihood of interference with other residents of the Properties during construction) The ACB shall notify the Owner of its approval or disapproval by written notice within thirty (30) days after request g:\pinto\newport\declarat 9 for such consent is made in writing to the ACB, and in the event the ACB fails to disapprove any request within such thirty (30) day period, the consent shall be deemed approved and upon request the ACB shall give written notice of such approval. In consenting to any plans or specifications, the ACB may condition such consent upon changes being made. If the ACB consents to any plan and specifications, the Owner may proceed to make the alteration, addition, improvement or change in strict in conformance with the plans and specifications approved by the ACB, and suoject to any conditions of the ACB's approval. Section 4. No Liabilitv. The ACB shall not be liable to any Owner in connection with the approval or disapproval of any alteration, addition, improvement, or change. Furthermore, any approval of any plans or specifications by the ACB shall not be deemed to be a determination that such plans or specifications are complete or do not contain defects, or in fact meet any ~tandards, guidelines and/or criteria of the ABC, or are.. ~ in fact architecturally or aesthetically appropriate, or comply with any applicable governmental requirements, and the ACB shall not be liable for any deficiency, or any injury resulting from any deficiency, in such plans and specifications. Section 5. Remedv for Violations. In the event this section is violated in that any alteration, addition, improvement, or change is made without first obtaining the approval of the ACB, or is not made in strict conformance with any approval granted by the ACB, the ACB shall specifically have the right to demand that the Owner stop, remove and/or alter any alteration, addition, improvement or change in a manner which complies with the requirements of the ACB, including the obligation to return the property or improvements to the state which extend prior to the action by such owner, and the ACB may pursue injunctive relief or any other legal or equitable remedy available to the ACB in order to accomplish such purposes. Any action to enforce this Section must be commenced within one (1) year after the date of the violation. The foregoing shall be in addition to any other remedy set forth herein for violations of this Declaration. ARTICLE V ASSOCIATION--COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obliqation for the Assessments. The Developer for.. each Lot owned by it within the Properties, hereby covenants, and each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, including any purchaser at a judicial sale, shall be deemed to covenant and agree to pay to the Association with respect to each Lot, "Annual Assessments" for General Expenses as provided in Section 2 hereof, and Special Assessments as provided in Section 4 hereof, such g :IpintolnewportldecIarat 10 Assessments to be fixed, established and collected from time to time as hereinafter provided. The Annual and Special Assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such Assessment is made and shall also be the personal obligation of the person who was the Owner of such Lot at the time when the Assessment fell due. Except as otherwise provided, all Assessments shall be equally assessed against all Lots within the Properties. Section 2. PurDose of Assessments. The Annual Assessments levied by the Association shall be used exclusively for the general expenses of the Association. General expenses are any and all charges for the maintenance of the Common Areas and exterior maintenance (except that specifically requested by an Owner) as provided for in Article III, and to promote the health, safety, welfare, and recreational opportunities of the Members of the Association and their families residing with them, and their guests and tenants, including but not limited to: (1) expenses of administration, maintenance, repair or replacement of the Common Areas; (2) its expenses described as "General Assessments" in Article III, Section 6(b) and 7; (3) reasonable reserves deemed necessary by the Board of Directors for repair, replacement or addition to the Common Area; and, expenses agreed upon as general expenses by the Association. By a majority vote of the Board of Directors, the Board shall adopt an annual budget for the subsequent fiscal year which shall provide for allocation of expenses in such a manner that the obligations imposed by this Declaration will be met. Section 3. Date of Commencement of Annual Assessments; Due Dates. The Annual Assessments shall commence on the date or dates, which shall be first (1st) day of the month fixed by the Board of Directors of the Association to be the date of commencement. Thereafter, the Board of Directors shall fix the date of commencement and amount of the Assessment against each Lot at least (30) days in advance of the commencement period. The Annual Assessments shall be payable in advance in quarterly installments, or as otherwise determined by the Board of Directors of the Association, but no assessment shall be due as to any Lot until the earlier of when a certificate of occupancy is obtained for the residence to be constructed thereon or eighteen (18) months from the date of conveyance from the Developer to the Owner. The amount of the Annual Assessment may be changed, at any time, by said Board from that originally adopted or that which is adopted in the future. The Assessment shall be for the calendar year, but the amount of the Annual Assessment to be levied during any period shorter than a full calendar year shall be in proportion to the number of months remaining in such calendar year. g:\pintolnewport\declarat 11 Section 4. Soecial Assessments. A Special Assessment may be levied against one or more Lots for the following: (a) charges for expenses of the Association which are not general expenses but which are attributable to a specific Lot or Lots, including but not limited to those expenses designated as Special Assessments in Article III, Section 5(b) and 6. - (b) reimbursement for damages caused by a Un~t Owner or Owners, their family members, guests, invitees or tenants. (c) capital improvements relating to the Common Area. (d) late charges, user fees, fines and penalties. (e) any other charge which is not a general expense. (f) any general expense, except reserves, which exceeds the amount budgeted or any emergency expense which exceeds the amount of any reserves or other Association funds. The Board of Directors shall fix the amount and due date of any Special Assessment by resolution, which resolution shall also set forth the Lot or Lots subject to such Assessment. Provided, however, that any resolution of Special Assessments for capital improvements shall not be effective until approved by sixty percent (60%) vote of the Members voting, as permitted in the Association's Articles or Bylaws, at a meeting called for such purpose. Section 5. Trust Funds. The portion of all annual Assessments collected by the Association as reserves for future expenses, and the entire amount of all Special Assessments collected for capital improvements shall be held by the Association in trust for the owners of all Lots, as their interests may appear. Section 6. Effect on Developer. Notwithstanding any provision that may be contained to the contrary in this instrument, for so long as Developer is the owner of any Lots, the Developer shall not be liable for Assessments against such Lot, provided that Developer shall be responsible for all Association expenses in excess of the Assessments received from other Owners (such amounts received from other Owners shall include, but shall not be limited to, working capital contributions paid by such other Owners), and other income received by the Association. In no event shall Developer be required to fund reserves allocated to any Lot owned by the Developer. Developer may, at any time, commence paying such Assessments as to all Lots that it owns and thereby automatically terminate its obligation to fund deficits in the operating expenses of the Association. Section 7. Workinq Capital Fund. Developer shall establish a Working Capital Fund for the initial months of operation of the g :\pintolnewport\decIarat 12 Association, which shall be collected by the Developer from each Lot purchaser at the time of the earlier of the issuance of a Certificate of Occupancy on the residence to be constructed on such Lot be the purchaser or eighteen (18) months from the date of conveyance of each Lot to such purchaser in an amount equal to three (3) months of the annual Assessment for each Lot. Each Lot's share of the Working Capital Fund shall be collected and transferred to the Association at the time described above. The purpose of this fund is to assure that the Association's Board of Directors will have cash available to meet unforeseen expenditures, or to acquire additional equipment or services deemed necessary or desirable by the Board of Directors. Amounts paid into the fund are not to be considered as advance paYment of regular Assessments. Section 8. Roster; Notice; Certificate. A roster of the Lots and Assessments applicable thereto shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of the Assessment shall thereupon be sent- to every Owner subject thereto. The Association shall, upon demand at any time, furnish to any Owner liable for an Assessment a certificate in writing signed by an officer or agent of the Association, setting forth whether such Assessment has been paid as to the Lot owned by the Owner making request therefor. Such certificate shall be conclusive evidence of paYment of any Assessment to the Association therein stated to have been paid. Section 9. Collection of Assessment; Effect of Non-Payment of Assessment; The Personal Obliqation of the Owner; the Lien; Remedies of the Association. If any Assessment is not paid within ten (10) days after the due date, the Association shall have the right to charge the defaulting Owner a late fee of ten percent (10%) of the amount of the Assessment, or Ten and nO/l00 Dollars ($10.00), whichever is greater, plus interest at the then highest rate of interest allowable by law from the due date until paid. If there is no due date applicable to any particular Assessment, then the Assessment shall be due ten (10) days after written demand by the Association. If any Owner is in default in the paYment of any Assessment owed to the Association for more than tnirty (30) days after written demand by the Association, the Association upon written notice to the defaulting Owner shall have the right to accelerate and require such defaulting Owner to pay in advance the balance of that fiscal year's Annual Assessments. In the event of such acceleration, the defaulting Owner shall continue to be liable for any increases in the Annual Assessments, for all Special Assessments, and/or for all other Assessments payable to the Association. If the Assessments and any late fees and interest are not paid on the date when due, then such Assessments and any late fees and interest shall become delinquent and shall, together with such interest thereon and the cost of collection thereof as hereinafter provided, thereupon became a continuing lien on the g:Ipintolnewportldeclarat 13 property which shall bind such property in the hands of the Owner, his heirs, devisees, personal representatives, successors and assigns. Any individual who acquires title to a Lot upon the death of an Owner or by operation of law shall be personally liable for unpaid Assessments and late fees with respect to such Lot accruing subsequent to such acquisition. In any voluntary conveyance, the Grantee shall be jointly and severally liable with the Grantor for all unpaid Assessments made prior to the time of such_ voluntary conveyance, without prejudice to the rights of the-Grantee to recover from the Grantor the amounts paid by the Grantee therefor. The Association may bring an action at law against the Owner personally obligated to pay the same or may record a claim of lien against the property on which the Assessment and late fees are unpaid, or may foreclose the lien against the property on which the Assessment and late fee are unpaid, in like manner as a foreclosure of a mortgage on real property, or pursue one or more of such remedies at the same time or successively, and there shall be added to the amount of such Assessment and late fee, attorney's fees and costs of preparing and filing the claim of lien and the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest on the Assessment and late fee as above provided and a reasonable attorney's fees to be fixed by the court together with the costs of the action, and the Association shall be entitled to attorney's fees in connection with any appeal of such action. It shall be the Association to enforce hereunder, using such Association. legal duty and responsibility of the paYment of the Assessments and late fees remedies as deemed appropriate by the Section 10. Subordination of the Lien to Mortqaqe. The lien of the Assessment provided for in this Article V shall be subordinate to the lien of any institutional first mortgage recorded prior to the recordation of a claim of lien for unpaid Assessments. An institutional lender is defined as a state or federal bank or savings and loan association, an insurance company, trust company, savings bank, credit union, real estate company or mortgage insurance company, the United States Veterans' Administration, United States Federal Housing Administration or a lender generally recognized in the community as an institutional lender. Any assignee of a mortgage originated by an institutional lender shall be deemed an institutional lender for the purposes of said mortgage. The Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, and any similar institutions created in the future shall be deemed institutional lenders regardless of where any mortgage held by any of them originated. A mortgagee in possession, a receiver, a purchaser at a foreclosure sale, or a mortgagee that has acquired title by deed in lieu of foreclosure, or all persons claiming by, through or under such purchaser, or mortgagee shall hold title subject to the liability g:Ipintolnewportldeclarat 14 and lien of any Assessment becoming due after such foreclosure or conveyance in lieu of foreclosure. Any unpaid Assessment which cannot be collected as a lien against any Lot by reason of the provisions of this Section 10, shall be deemed to be an Assessment divided equally among, payable by, and assessed against all Lots, including the Lot as to which the foreclosure (or conveyance in lieu of foreclosure) took place. - Section 11. Effect of Non-Payment of Assessment. -The lien of the Association shall be effective from and after recording, in the Public Records of Palm Beach County, Florida, a Claim of Lien stating the description of the Lot or other property encumbered thereby, the name of the Owner, and amount and date when due. Such Claim of Lien shall include only Assessments which are due and payable when the Claim of Lien is recorded, plus interest, costs, attorney's fees, advances to pay taxes, and prior encumbrances and interest thereon, all as above provided. Such Claim of Lien shall be signed and verified by an officer or agent of the Association. Upon full paYment of all sums secured by such Claim of Lien, the same shall be satisfied of record. If the Assessment is not paid within thirty (30) days after the delinquency date, which shall be set by the Board or as defined in Section 9 of this Article, the Assessment shall bear interest from the date due at a rate of interest determined by the Board, up to the highest rate of interest then allowed by Florida law, and the Association may, at any time thereafter, bring an action to foreclose the lien in a like manner as foreclosure of a mortgage on real property, and/or bring suit on the personal obligation against the Owner. There shall be added to the amount of such Assessment the cost of preparing and filing the complaint in such action, including reasonable attorney's fees, and in the event a judgment is obtained, such judgment shall include interest on the Assessment as above provided and a reasonable attorney's fee to be fixed by the Court, together with the costs of the action. Section 12. Exemot Property. The Board of Directors shall have the right to exempt property subject to this Declaration from the Assessments, charges and liens created herein if such property is sued (and as long as it is used) for any of" the following purposes: (a) Any easement or other interest therein dedicated and accepted by a public authority and devoted to public use or to the Master Association, if any. (b) All Common Areas as defined in Article I hereof. (c) All properties exempt from ad valorem taxation by the laws of the State of Florida, to the extent agreed to by the Association. g:IpintolnewportldecIarat 15 Notwithstanding any provisions herein, no land devoted to dwelling use shall be exempt from said Assessments, charges or liens. ARTICLE VI EASEMENTS - Section 1. Members' Easements. Each Member of the -Association and each tenant, agent and invitee of such Member shall have a permanent and perpetual easement for ingress and egress for pedestrian and vehicular traffic over and across the walkways, roadways and driveways from time to time laid out on the Common Areas, for use in common with all such Members, their tenants, agents and invitees, but such easements are only as an appurtenance to the ownership of fee title interest to one or more Lots. The portion of the Common Areas not used, from time to time, for walkways, roadways and/or driveways shall be for the common use and enjoYment of the Members of the Association, their tenants, agents and invitees, and each Member shall have a permanent and perpetual easement for pedestrian and vehicular traffic across all such portions of such tracts and for the use of same in such manner as may be regulated by the Association. The foregoing easements are subject to the following: (a) The right and duty of the Association to levy Assessments against each Lot for the purpose of maintaining the Common Areas and facilities in compliance with the provisions of this Declaration and with any restrictions on the various plats of the Properties from time to time recorded. (b) The right of the Association to suspend the voting rights and right to use the Common Areas and facilities by an Owner for any period during which any Assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its lawfully adopted and published rules and regulations. (c) The rights of the Association to adopt and enforce rules and regulations governing the use of the Common Areas and all facilities at any time situated thereon. (d) The right of the Developer and the Association to dedicate or transfer all or any part of the Common Areas for such purposes and upon such conditionaas may be approved by sixty percent (60%) of the votes of each class of Members, at a regular or special meeting of the Members duly called for such purpose. Provided, however, that as long as the Developer owns any portion of the Properties affected by this Declaration, such action shall only be effective upon the joinder and consent of the Developer, notwithstanding any other provision regarding Developer's consent. g:Ipin tolnewportldecIarat 16 The right of any Owner to use and enjoYment of the Common Areas and facilities thereon shall extend to the members of his immediate family who reside with him, subject to regulations from time to time adopted by the Association in its lawfully adopted and published rules and regulations. Section 2. Easements Aopurtenant. The easements provided in Section 1 shall be appurtenant to and shall pass with the title to each Lot. Section 3. Utility Easements. Public utilities may be installed underground in the Common Areas when necessary for the service of the Properties or additional lands for which Developer holds an option to purchase, but all use of utility easements shall be in accordance with the applicable provisions of this Declaration. Section 4. Public Easements. Fire, police, health, ~anitation and other public service personnel and vehicles shall have a permanent and perpetual easement for ingress and egress over and across the Common Areas for the purpose of health, safety and welfare. Section 5. Easement for Unintentional and Non-Neqliqent Encroachments. There shall be reciprocal appurtenant easements of encroachments as between each Lot and such portion and portions of the Common Area adjacent thereto or as between adjacent Lots due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed, or altered therein (in accordance with the terms of these restrictions) to a distance of not more than one (1) foot, as measured from any point on the common boundary between each Lot and the adjacent portion of the Common Area or as between said adjacent Lots, as the case may be, along a line perpendicular to such boundary at such point; provided, however, in no event shall an easement for encroachment exist if such encroachment occurred due to willful and knowing conduct on the part of an Owner, tenant, or the Association. Section 6. Additional Easement. The Developer (during any period in which the Developer has any ownership interest in the Properties) and the Association shall each have the right to grant such additional electric, telephone, gas, sprinkler, irrigation, cable television or other easements, and to relocate any existing easement in any portion of the Properties and to grant access easements and to relocate any existing access easement in any portion of the Properties as the Developer or the Association shall deem necessary or desirable, for the proper operation and maintenance of the Properties, or any portion thereof, or of the general health and welfare of the Owners or for the purpose of carrying out any provisions of this Declaration; provided that such easements or the relocation of existing easements will not prevent g:Ipintolnewportldeclarat 17 or unreasonably interfere with the use of the Lots for dwelling purposes. Section 7. Zero-Lot-Line Easement. The wall of any residence which is constructed within one foot (1') of the side Lot line of any Lot is deemed a "zero-lot-Iine wall". The Owner of the Lot adjoining the zero-lot-Iine wall shall have the right to use said wall for other purposes, if any, approved by the Assoc~ation. In order to allow the Owner of any residence with a zero-lot-line wall to maintain said wall, said Owner shall have an easement over such adjoining Lot, with the right of ingress and egress during reasonable times of the day, for the purpose of maintaining and repairing the zero-lot-Iine wall. There shall also be a three foot (3') easement for roof eaves, overhangs, gutters, other protrusions, and underground pipelines and for water fun-off over said adj oining Lot. Said roof eaves and overhangs shall be guttered and may not project more than eighteen inches onto said adjoining Lot. The easements created in this sectiori-shall be permanent, perpetual and exclusive to the Owners involved. Section 8. Association Easement. For the purpose solely of performing the exterior maintenance authorized by this Section 8 of Article VI, the Association, through its duly authorized agents, employees or independent contractors, shall have the rights, after reasonable notice to the Owner, to enter upon any Lot at reasonable hours of any day except Sunday. In the event of an emergency, such right of entry shall exist without notice and on any day, including Sunday. Each Owner hereby grants to the Association, its duly authorized agents, employees or independent contractors such easements for ingress and egress, across the Lots and through improvements constructed upon the Lots, as may be reasonably necessary to effect and perform the exterior maintenance aforementioned. In addition, the owner of the adjoining property (not within the Properties) may grant the Association, its duly authorized agents, employees or independent contractors, such easements for ingress and egress across its properties to effect and perform its duties. In such event, the Association shall indemnify the adjoining property the owner for any damage or injury to the easement areas caused by the use thereof or access to perform the exterior maintenance. In the event an Owner is unavailable and/or will not be present to permit entry onto his Lot for the exterior maintenance aforementioned, said Owner shall deposit any gate key with the Association to permit entry thereon. Section 9. Construction Easement. Each Lot and the Common Area are hereby subjected to a permanent easement appurtenant to any adjoining Lot to permit the construction, existence, maintenance, repair and restoration of structures located on such adjoining Lot, including roof structures which overhang and encroach upon the servient Lot or Common Area, provided that the construction of such structure is permitted and approved as elsewhere herein provided. The owner of the dominant tenement shall have the right, at all g:\pintolnewport\declarat 18 reasonable times, to enter the easement area in order to construct improvements, and to maintain, repair and restore any improvements located on the dominant tenement, provided, however that such entry shall be allowed only during daylight hours and with the prior knowledge of the owner of the servient tenement. In case of emergency, such right of entry shall be immediate, not restricted as to time and not be conditioned upon prior knowledge of the owner of the servient tenement. The owner of the servient tenement shall not place any improvements, material or obstacle in or over the easement area on the servient tenement which would unreasonably interfere with the rights of the .owner of the dominant tenement granted by this Section. Any such improvement, material or obstacle shall be promptly removed by the owner of the dominant tenement or Declarant notwithstanding any lapse of time since such improvement, material or other obstacle shall be promptly removed by the owner of the servient tenement at that owner's expense when requested by the owner of the dominant tenement or _ Declarant notwithstanding any lapse of time since such improvement,- material or other obstacle was placed in or over the easement area. In the event an Owner fails to move such improvement, material or obstacle, then the Association may remove same and the expense of such removal shall be charged to the Owner as an Assessment. Section 10. Storm Water Storaqe Easement. As set forth in Section 8 of Article III hereof, and on Exhibit liD" attached hereto, certain easements exist with respect to storm water storage and drainage from adjoining property. ARTICLE VII GENERAL RESTRICTIVE COVENANTS Section 1. Applicability. The provisions of this Article VII shall be applicable to all Lots situated within the Properties. Section 2. Land residential purposes. parking lots, and/or Developer. Use. No Lot shall be used except for However, the temporary uses for model homes, sales offices shall be permitted for the Section 3. Chanqe in Buildinqs. No Owner shall make or permit any structural modification or alteration of any building except with the prior written consent of the Architectural Control Board or its successor, and such consent may be withheld if, in the sole discretion of the party denying the same, it appears that such structural modification or alteration would adversely affect or in any manner endanger other dwelling units. No building shall be demolished or removed without the prior written consent of the Board of Directors of the Association. In the event any building is demolished or removed, if replaced said building shall be replaced with a residence of similar size and type. g :\pin tolnewport\decIarat 19 Section 4. Buildinq Location. Buildings shall be located in conformance with the Zoning Code of the City of Boynton Beach, County of Palm Beach, Florida and any specific zoning approvals thereunder, or as originally constructed on a Lot by Developer or its successor or assignee. Whenever a variance or special exception as to building location or other item has been granted by the authority designated to do so under the Zoning Code, said variance or special exception is hereby adopted as an amendment to this Section and any future variance or special exception as to building location or other item shall constitute an amendment of this Section. Section 5. Landscaoinq of Easements. In addition to the easements reserved herein, easements for drainage, installation and maintenance of utilities and for ingress and egress are reserved as shown on the recorded plat (s) of the Properties. Within these easements no structure, planting or other material may be placed or permitted to remain that will interfere with vehicular traffic or prevent maintenance of utilities. Public utility companies servicing the Properties and the Association, and their successors and assigns, shall have a perpetual easement for the installation and maintenance of water lines, sprinkler lines, sanitary sewers, storm drains, gas lines, electric and telephone lines, cables and conduits, including television cables and conduits and such other installations as may be required or necessary to provide maintenance and utility services to the Lots and/or the Common Areas, under and through the utility easements as shown on the plats and under and through such portions of the rear of each Lot beyond the building, as such buildings may from time to time be located. Any damage caused to pavement, curbs, driveways, drainage structures, sidewalks, other structures, or landscaping in the installation and maintenance of such utilities shall be promptly restored and repaired by the utility whose installation or maintenance caused the damage. All utilities within the Properties, whether in streets, rights-of -way or utility easements, shall be installed and maintained underground, provided, however, that water and sewer treatment facilities and control panels for utilities may be installed and maintained above ground. Section 6. Nuisances. No noxious or offensive'activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood or any other Lot owner. In the event of any question as to what may be or become a nuisance, such question shall be submitted to the Association for__ a decision in writing, which decision shall be final. In addition, no weeds, underbrush or other unsightly growths shall be permitted to grow or remain upon any Lot, and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon; and in the event that the Owner shall fail or refuse to keep the demised premises free of weeds, underbrush or refuse piles or other unsightly growths or objects, then the Association may enter upon g:\pintolnewportldecIarat 20 said premises and remove the same at the expense of the Owner, and such entry shall not be deemed a trespass. All garbage or trash containers must be underground or placed in walled-in areas so that they shall not be visible from the adjoining properties. Provided however, any portion of the Properties not yet developed by Developer, shall be maintained in a clean condition but shall not be expected to be maintained in a landscaped condition. - Section 7. Temoorary Structures. No structure of-a-temporary character, or trailer, tent, mobile home or recreational vehicle shall be permitted on any Lot either temporarily or permanently, except that the Developer or any designer may park one or more trailers on the Properties during periods of construction and sale of Lots. Section 8. Siqns. Except for one sign of not more than one square foot used to indicate the name of the resident, no sign of any kind shall be displayed to the public view on the Properties, without the prior consent of the Board of Directors of the Association or the ACB; provided that the Developer, so long as it has not sold all of its Lots in the Properties, shall retain the right to disapprove any signs displayed to the public view, and the Developer may also display signs for purposes of promoting sales activity. Notwithstanding the foregoing, this Section shall not apply to the Developer for so long as it holds title to any portion of the Properties. Section 9. Oil and Mininq Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in the Properties nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in the Properties. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any portion of the land subject to these restrictions. Section 10. Animals and Pets. No animals, livestock, or poultry of any kind may be raised, bred, kept or permitted on any Lot, with the exception of dogs, cats, or other usual and common household pets in a reasonable number. The keeping of a dog or other domestic pet is not a right of an Owner, but is a conditional license. This conditional license is subject to termination at any time by the Board of Directors upon a finding that a dog or other pet is vicious, is annoying to other residents, or has in any way become a nuisance. The Owner of a pet assumes liability for all damage to person or property caused by the pet or resulting from its presence at the Properties. This license is subject to the following conditions: g:\pinto Inewport\declarat 21 (a) Pets shall be kept on a leash at all times when outside a building, other than that in a fenced-in yard of an Owner. (b) Pets are permitted to have excrements upon the Common Areas provided that the Owner shall immediately remove such excrement from the Common Areas with a "Pooper-Scooper" or other appropriate tool and deposit said waste in an approved trash receptacle. - - (c) The Owner of a pet shall be responsible, and by virtue of ownership, assumes responsibility for any damage to persons or property caused by his pet(s). (d) Any pet whose Owner violates the provisions and intent of this Rule shall be deemed a nuisance in accordance with Section 7 of this Article and subject to removal in accordance with the provisions of the Declaration. Section 11. Visibility at Intersections. No obstruction to visibility at street intersections shall be permitted. Section 12. Commercial Trucks. Trailers. Camoers and Boats. No trucks or commercial vehicles, campers, mobile homes, motor-homes, boats, house trailers, boat trailers, or trailers of every other description shall be permitted to be parked or to be stored at any place on any Lot, except only during the periods of approved construction on said Lot, and except that they may be stored within garages or behind patio walls if not visible from the streets. The term "Commercial vehicle" shall include all automobiles, trucks and vehicular equipment, including station wagons, which bear signs or shall have printed on same some reference to any commercial undertaking or enterprise, or vehicles of more than six feet (6') in height. This prohibition of parking shall not apply to temporary parking of trucks and commercial vehicles, such as for pick-up , delivery, and other commercial services. Section 13. Fences. No fence, wall or other structure shall be erected in the front yard, back yard, or side 'yard except as originally installed by Developer or its assignee, and except any approved by the Architectural Control Board as above provided. Section 14. Garbaqe and Trash Disposal. No garbage, refuse, trash or rubbish shall be deposited on any Lot except in a walled-in area; provided, however, that the requirements from time to time of the City of Boynton Beach for disposal or collection shall be complied with. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. g:\pintolnewport\declarat 22 Section 15. Dryinq Areas. No clothing, laundry or wash shall be aired or dried on any portion of any Lot in an area exposed to view from any other Lot or the Common Areas. Section 16. Gas Containers. No gas tank, gas container, or gas cylinder (except those placed by the Developer or approved by the ACB in connection with the installation of swimming pools and/or barbecues) shall be permitted to be placed on or.. about the outside of any house or any ancillary building, and all-such items (except those placed by the Developer in connection with the installation of swimming pools and/or barbecues) shall be installed underground in every instance where gas is used. In the alternative, gas containers may be placed above ground if enclosed on all sides by a decorative safety wall approved by the ACB. Section 17. Ooen Soace. Any plat or repeat of the property subject to this Declaration must conform with the mast~r plan as approved by the Board of County Commissioners of the County as well as the applicable site plan as approved by the Site Plan Review Committee. Section 18. Drainaqe. No charge in any drainage pattern of any Lot, after issuance of a certificate of occupancy for the dwelling thereon, or of any portion of the Properties, after all contemplated improvements have been completed, shall be made which will cause undue hardship to an adjoining Lot or adjoining property with respect to natural runoff of rain water. Section 19. No Subdividinq of Lots. Developer, no Lots may be subdivided. Except as to the ARTICLE VIII SALES ACTIVITY AND DEVELOPER'S RIGHTS Notwithstanding any provision herein to the contrary, until the Developer has completed, sold and conveyed all of the Lots within the Properties, neither the Owners, nor the Association, nor their use of the Common Areas shall interfere with'the completion of the contemplated improvements and the sale of Lots and other sales activity of the Developer, whether related to the Properties or other developments of the Developer. The Developer (or its duly authorized agents or assigns) may make such use of the unsold Lots and the Common Areas as may facil-itate such completion and sale including, but not limited to, the maintenance of sales offices, construction trailers, model homes, and/or parking lots for the showing of the Properties, and the display of signs, billboards, flags, placards and visual promotional materials. The Developer shall have the right to use unimproved Lots owned by the Developer for temporary parking, if any, for prospective purchasers and such other parties as Developer determines. Each Lot and the Common g:\pintolnewport\decIarat 23 Area is hereby subjected to an easement for the purposes set forth herein. ARTICLE IX GENERAL PROVISIONS - Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Developer, the Association or the Owner of any Lot subject to this Declaration and their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then Owners of sixty percent (60%) of the Lots has been recorded, agreeing to change or terminate said covenants and restrictions in whole or in part. Section 2. Notices. Any notice required to be sent to any Owner under the provisions of this Declaration shall be deemed to have been properly sent when personally delivered or mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. Section 3. Enforcement. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants and failure by the Developer, the Association or the Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. These covenants may also be enforced by the ACB, as well as the Association, Developer and Owners. The expenses of any litigation, including reasonable attorneys' fees, for actions at law or in equity, to compel compliance with these restrictions and covenants, or to prevent the violation or breach of any of 'them, shall be borne by any Owner or Owners of any Lot found to be in violation of said restrictions and covenants. Section 4. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way effect any other provisions which shall remain in full force and effect. Section 5. Amendment. In addition to any other manner herein provided for the amendment of this Declaration, the covenants, restrictions, easements, charges and liens of this agreement may be amended, charged, added to, derogated, or deleted at any time and g:\pintolnewport\declarat 24 ------ from time to time upon the execution and recordation of any instrument executed by: (1) Developer, for so long as it holds title to any Lot affected by this Declaration; or alternatively, (2) Owners holding not less than sixty percent (60%) vote of the membership in the Association, provided that so long as the Developer is the owner of any Lot affected by this Declaration, the Developer's consent must be obtained. - Section 6. Litiqation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by a vote of seventy-five percent (75%) of the Board of Directors. In the case of such a vote, and notwithstanding anything contained in this Declaration or the Articles of Incorporation or Bylaws of the Association to the contrary, a Board member shall not vote in favor of bringing or prosecuting any such proceeding unless authorized to do so by a vote of Members representing seventy-five percent (75.%) of the total vote of the Association. This Section shall not apply, however, to (a) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens), (b) the imposition and collection of Assessments, (c) proceedings involving challenges to ad valorem taxation, or (d) counterclaims brought by the Association in proceedings instituted against it. This Section shall not be amended unless such amendment is made by the Developer or is approved by the percentage votes, and pursuant to the same procedures necessary to institute proceedings as provided above. Section 7. Effective Date. This Declaration shall become effective upon its recordation in the Public Records of Palm Beach County, Florida. EXECUTED as of the date first above written. ATTEST: NEWPORT PROPERTIES, INC., a Florida corporation By: Frank Pinto, President , Secretary g:Ipintolnewportldeclarat 25 fJfte City of flJoynton flJeacn 100 'E. 'Boynton 'Btadi 'Boulevara P.O. 'Bo;r310 'Boynton 'Btaln, 1'foritfa 33425-0310 City 9fafl: (407) 375-6000 1'JtX: (407) 375-6090 November 7, 1995 Mr. Augustin Hernandez, Planning Department The School Board of Palm Beach County 3384 Forest Hill Boulevard West Palm Beach, Florida 33406-5871 FAX: 434-8187 Dear Mr. Hernandez: This letter and attached notice is provided to you pursuant to Boynton Beach Comprehensive Plan Policy 8.22.1, which requires the City to notify The School Board of Palm Beach County of all proposed housing developments in excess of 20 dwelling units to assist with analyzing potential impacts on racial balance within existing schools. This project is currently in the rezoning/ master plan approval stage and is to be considered by the Planning and Development Board on November 14, 1995 and by the City Commission on November 21, 1995. Please direct your written comments and questions to Michael Rumpf, Senior Planner within this office. Sincerely, /-. Jh~(l-t;: 0, 2k-<-jd~ Tambri J. HeYde( Planning and Zoning Director ATTACHMENTS TJH:mr Mt.CX:'OI'.C.B.LE~ ~merUa s (jateway to tfu (julfstream NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Development Board of the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:00 P.M., or as soon thereafter as the agenda permits, on Tuesday, November 14, 1995, at City Hall Commission Chambers, 100 East Boynton Beach Blvd., Boynton Beach, to consider an application for REZONING covering the parcel of land described below. Also, a PUBLIC HEARING will be held by the city Commission of the City of Boynton Beach on the request below on November 21, 1995 at 7:00 P.M. at the Commission Chambers, or as soon thereafter as the agenda permits. APPLICANT: Frank Pinto AGENT: Burl Gentry/Gentry Engineering & Land Surveying, Inc. LEGAL DESCRIPTION: The S.W. 1/4 of the S.W. 1/4 of the N.W. 1/4 of Section 4, Range 43 East, Township 46 South; together with the south 687.84 feet of the E. 1/4 of the S.E. 1/4 of the N.E. 1/4 of Section 5, Range 43 East, Township 46 South; together with a property more particularly described as follows: Beginning at the Southeast corner of said N.E. 1/4 of S.E. 1/4 of N.E. 1/4, Section 5; thence run South 88 deg. 48 min. 02 sec. West along the south line of said N.E. 1/4 of S.E. 1/4 of N.E. 1/4, Section 5, 336.91 feet to a point on the Easterly right-of-way line of Swinton Avenue; thence run N.OO deg. 01 min. 00 sec. East along said right-of- way 69.18 feet to a point; thence run South 89 deg. 59 min. 00 sec. East, 188.55 feet to a point of curve; thence run southerly along the arc of a curve to the right 87.96 feet, said curve having a central angle of 90 deg. 00 min. 00 sec. and a radius of 56.00 feet; thence run South 89 deg. 59 min. 00 sec. East 92.31 feet to a point on the East Line of said N.E. 1/4, S.E. 1/4, N.E. 1/4 of Section 5; thence run South 00 deg. 04 min. 28 sec. West, 6.03 feet to the POINT OF BEGINNING. Boynton Beach, Palm Beach County, Florida PROJECT NAME: The Hills of Lake Eden PUD PROPOSED USE: 62 Single family detached homes LOCATION: 15.45 acres located at the west side of the intersection of Seacrest Boulevard and Gulfstream Boulevard. REQUEST: Rezoning from R-1-AAB (Single Family Residential) to PUD (Planned unit Development) with an LUI of 5. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planninq and Development Board or the city Commission with respect to any matter considered at this meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. please call (407) 375-6260 if there are any questions on this information. HI5CX:LEDENSUE,AD FROM GENTRY ENGINEERING & L. S, INC. PHOt-E NO. 407 272 77- P01 Gentry Engineering and Land Surveying, Inc. P.O. BOX 243 OELR"Y BEACH. FLORIDA 33447 f1otONE: 272.1924 Member Am.iean Soc:idy of Civil EnsinHr' Am.'C;llIl CongrAu of Surveying ~ MtPpinl November 3, 1995 Member Florida Society of Professional Land Surveyors Mr. Kevin H~llah~n, ForQster/Environmentalist PDrks and Recreation Dept. city of Boynton Beach 100 E. Boynton Beach Blvd_ P.O. Box 310 Boynton Beach, Fl. 33425-0310 Re: Hills at Lake Eden Attn: Mike H~ag, Site DevQloper Administrator p'~nning and 7.oning Dept. Dear Kevin, W~ ar~ confirming by thie lettQr that the ~nn~ervation areas will be perpetually protected from storm runoff bRing directed into ~he preserve areas bo~h during eonstruction and fn110wing construction, after the 61ng1Q family homes havp. been built to protect said areas in their natural state with the excp.ption or permitted maintenance and cl~.ring of the prohibit.ive species. If you Ghould have any qU9stions regarding the above. please contact my office. Sincerely, GENTRY ENGINEERING S' uJ~1'U t fJfte City of flJoynton tJJeacn 100 'E. 'Boynton 'Btadi 'Boule1JtJrt/ P.O. 'Bo;r310 'Boynton 'Btadi, J10rUia 33425-0310 City:Jfafl: (407) 375-6000 1'JU: (407) 375-6090 November 2, 1995 Ms. Diane Dominguez, Planning City of Delray Beach 100 NW 1st street Delray Beach, Florida 33444 Director RE: THE HILLS OF LAKE EDEN PUD (REZN 95-002) REQUEST FOR COMMENTS ON PROPOSED PROJECT AND RELINQUISHING PLAN FOR EXTENDING S.E. 36TH AVENUE TO SWINTON AVENUE Dear Ms. Dominguez: Staff requests any comments you may have on the above-referenced proj ect, as proposed fer approximately 15 acres of property located adj acent to the City's border, between Seacrest Boulevard and Swinton Avenue. The subject request is for Planned Unit Development zoning (from R-1-AAB, Single Family), and includes a plan to construct 57 single family homes at a gross density of approximately 4 units per acre; however, pursuant to the Boynton Beach Comprehensive Plan (Policy 2.2.9), Uthe City shall cooperate wi th Delray Beach and. support efforts to extend S. 36th Avenue (Gulfstream Boulevard) between Swinton Avenue and Seacrest Boulevardu. No comprehensive plan amendment is required. The master plan does not recognize the extension of S.E. 36th Avenue west to Swinton Avenue from Seacrest Boulevard. At this time, does Delray Beach have any interest in, or plan to extend this road? If your response requires additional information beyond that provided in this letter and on the attached map and notice, please contact Michael Rumpf, Senior Planner at 375-6260. Very truly yours, /'. L. t;._ I" --I .... /7 '(.(f2.- tl.~ ~-dt'-rIV[V 2.-"-- A Y--" // ' Tambri J. Heyden Planning and zoning Dir. TJH:rnr Enclosures M~S~X;!nZH~ELR.~!T ~merUa s (jateway to tfu (julfstream /I) --_.~.:.- '" 'r.. ~. I I : I ;. t:I \"-_L 1L-LJ. LLJ.I _L.L:.:.llL..:IJ~L.LJ!<I-..J11 { ,/1 ____" ~__~~_' ~~_"~'~_~ l~t.i.,J~I.1~-L_l 1~~' I I 11 ,.-,-,!-,--....+-r-,-,L : "f-l- ----I NOTICE OF PUBLIC HBARING NOTICE IS HEREBY GIVEN that the Planning and Development Board of the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:00 P.M., or as soon thereafter as the agenda permits, on Tuesday, November 14, 1995, at City Hall Commission Chambers, 100 East Boynton Beach Blvd., Boynton Beach, to consider an application for REZONING covering the parcel of land described below. Also, a PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on the request below on November 21, 1995 at 7:00 P.M. at the Comm1a.ion Chamber., or a. .oon thereafter as the agenda permits. APPLICANT: Frank Pinto AGENT: Burl GentrY/Gentry Engineering & Land Surveying, Inc. LEGAL DESCRIPTION: The S.W. 1/4 of the S.W. 1/4 of the N.W. 1/4 of Section 4, Range 43 Bast, Township 46 South; together with the south 687.84 feet of the E. 1/4 of the S.E. 1/4 of the N.E. 1/4 of Section 5, Range 43 East, TownShip 46 South; together with a property more particularly described as follows: Beginning at the Southeast corner of said N.E. 1/4 of S.E. 1/4 of N.E. 1/4, Section 5; thence run South 88 deg. 48 min. 02 sec. West along the South line of said N.E. 1/4 of S.E. 1/4 of N.E. 1/4, Section 5, 336.91 feet to a point on the Easterly right-Of-way line of Swinton Avenue; thence run N.OO deg. 01 min. 00 sec. East along said right-of- way 69.18 feet to a point; thence run South 89 deg. 59 min. 00 sec. East, 188.55 feet to a point of curve; thence run Southerly along the arc of a curve to the right 87.96 feet, said curve haVing a central angle of 90 deg. 00 min. 00 sec. and a radius of 56.00 feet; thence run South 89 deg. 59 min. 00 sec. East 92.31 feet to a point on the East Line of said N.E. 1/4, S.E. 1/4. N.E. 1/4 of Section 5; thence run South 00 deg. 04 min. 28 sec. West, 6.03 feet to the POINT OF BEGINNING. Boynton Beach, Palm Beach County, Florida PROJECT NAME: The Hills of Lake Eden PUD PROPOSED USE: 57 Single family detached homes LOCATION: 15.45 acres located at the west side of the intersection of Seacrest Boulevard and Gulfstream Boulevard. REQUEST: Rezoning from R-1-AAB (Single Family ReSidential) to PUD (Planned Unit Development) with an LUI of 5. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or the Ci ty Commission with respect to any matter considered at this meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Please call (407) 375-6260 if there are any questions on this information. KT8C.:LKD.".UI.~D GENTRY ENGINEERING & LAND SURVEYING, INC. P,O, Box 243 DELRAY BEACH, FLORIDA 33444 (407) 272.1924 [lJE1J1J[OO ' 1JOO~~~U00 D1J1J~[L DATE JOB NO. June 26, 1995 ATTENTION RE: Hills at Lake Eden Land Use Amendment and/or TO City of Boynton Beach 100 E Boynton Beach Blvd Boynton Beach. Fl. > WE ARE SENDING YOU DCAttached 0 Under separate cover via r'I~l; VE'r the following items: o Shop drawings o Copy of letter o Prints o Change order o Plans o o Samples o Specifications COPIES DATE NO. DESCRIPTION lset 1set 75env Pre stam ed envel Official tax roll el owner list 1 A licant's affidavit THESE ARE TRANSMITTED as checked below: 0 For approval 0 Approved as submitted Xl For your use 0 Approved as noted > -GJ As requested 0 Returned for corrections 0 For review and comment 0 0 FOR BIDS DUE 19 REMARKS o Resubmit_copies for approval o Submit_copies for distribution o Return_corrected prints o PRINTS RETURNED AFTER LOAN TO US COPY TO "'~'O"R' 'ROM" _. "O~::~~ PRODUCT 240 /NE:iiS/ Inc., G_, M", 01471. GENTRV ENGINEERING & LAND SURVEYING, INC. P,O, Box 243 DELRAY BEACH, FLORIDA 33444 [L[Euu[E[fu ~ UOO~[Kl]~!RAJ Duu~[L (407) 272-1924 DATE I JOB NO. June 21 , 1995 ATTENTION RE: Hills at Lake Eden TO City of Boynton Beach 100 R. Bnyn~nn Bp~rh Blvd Boynton Beach, Fl. > WE ARE SENDING YOU ~ Attached 0 Under separate cover via deliver the following items: o Shop drawings o Copy of letter o Prints o Change order o Plans D Samples o Specifications o COPIES DATE NO. DESCRIPTION 12 boundary survey for Master plan submittal 2 Land Use Amendment and/or Re7.nn; nn- Annl ; r~~.i nn 2 attachments to the abovE'" THESE ARE TRANSMITTED as checked below: > o For approval 0 Approved as submitted Gt For your use 0 Approved as noted ~ As requested 0 Returned for corrections 0 For review and comment 0 0 FOR BIDS DUE 19 o Resubmit_copies for approval o Submit_copies for distribution o Return_corrected prints o PRINTS RETURNED AFTER LOAN TO US ~~ :::1:t';oi~.t~'i __~ ~ ~~ ) -r~ f,{"c. ~~p,1' dl~~ COPY TO '-- 1DUCT 110 /NEBS/ Inc.. G_. Mass. 01471 GENTRY ENGINEERING & LAND SURVEYING, IN\'. P,O, Box 243 DELRAY BEACH, FLORIDA 33444 CLJEuu[E:Ul- Af' UOO~~~[J0{J Duu~[L DATE JOB NO. Au 28, 1995 (407) 272-1924 ATTENTION TO City of Boynton Beach RE: Hills at Lake Eden WE ARE SENDING YOU ~ Attached D Under separate cover via > ,lJ(J 8995 the following items: o Shop drawings o Copy of letter o Prints o Change order o Plans o Samples o Specifications D COPI ES DATE NO. DESCRIPTION 12 Master Plan 1 Environmental assessment and Gopher Tortoise relocation ulan THESE ARE TRANSMITTED as checked below: 0 For approval 0 Approved as submitted 0 For your use 0 Approved as noted > 0 As requested 0 Returned for corrections 0 For review and comment 0 0 FOR BIDS DUE 19 o Resubmit_copies for approval o Submit_copies for distribution o Return_corrected prints o PRINTS RETURNED AFTER LOAN TO US REMARKS Meeting plannpd wit.h Kevin Hallahan to review tree survey and determine 25% scrub set-aside areas for approval. PROOUCT240 (NeBS(I..., G_, MISS. 01471 COpy TO GENTRY ENGINEERING & LAND SURVEYING, INC. P,O, Box 243 DELRAY BEACH, FLORIDA 33444 OJE1T1T[EOO J[f 1TOO~~~[J0U D1T1T~lL (407) 272-1924 DATE I JOB NO. June 16, 1995 ATTENTION RE: Master plan resubmittal Hills at Lake Eden, PUD TO City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Fl. > WE ARE SENDING YOU ~ Attached D Under separate cover via deliver the following items: D Shop drawings D Copy of letter D Prints D Change order D Plans D Samples D Specifications D COPIES DATE NO. DESCRIPTION 12 sets Master Plan Response comments to TRC THESE ARE TRANSMITTED as checked below: D For approval D Approved as submitted KI For your use D Approved as noted > ~ As requested D Returned for corrections D For review and comment D D FOR BIDS DUE 19 REMARKS D Resubmit_copies for approval D Submit_copies for distribution D Return_corrected prints D PRINTS RETURNED AFTER LOAN TO US " COpy TO "..~~~..~.~.. _d. ".~::~ ~ PROOUCT 24() !NEfBS!loc., Groton, Mass. 01471 Gentry Engineering and L~nd Surveying, Inc. P,O, BOX 243 DELRAY BEACH, FLORIDA 33447 PHONE: 272-1924 Member American Society of Civil Engineers American Congress of Surveying & Mapping Member Florida Society of Professional Land Surveyors June 15, 1995 ~v "c,'~--'~'~'-'----"-~~~;--7:;""'''''' """';"", ~ ~' l~ : ~ ~ i:~ WI PLANNING AND .. ~ ZONING OEPT. ~' Mr. Robert Gibson, Roads & Streets Supervisor City o~ Boynton Beach 100 E. Boynton Beach Blvd. P>O. Box 310 Boynton Beach, Fl. 33425-0310 Re: Hills at Lake Eden Memorandum #95-83 (our re: #1 o~ 10) Dear Mr. Gibson, In response to your comments dated May 30, 1995, regarding the Hills at Lake Eden site plan regarding your comments ~or Lot 10, Blocks 1 and 4 and Lot 19, Block 4, we ~eel that the residents could provide a curbside pick up by setting receptacles by the drive, near the road right-o~-way which would prevent the trash trucks ~rom having to back up within said roadway. I~ you should have any questions regarding the above, please contact my o~~ice. Sincerely, Gentry Engineering and land Surveying, Inc. P,O. BOX 243 DELRAY BEACH, FLORIDA 33447 PHONE: 272-1924 Member American Society of Civil Engineers American Congress of Surveying &. Mapping Member Florida Society of Professional Land Surveyors June 15, 1995 Sgt. Marlon Harris, Police Dept. City o~ Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Fl. 33425-0310 "'"'\ I?, ;: i LS :.} if r ,.~ 1 i'1 ; '~ I~' 1 i' i i i ~ ",,' I .':.'. ,9 @ ~ ~ w n' Re: Hills At Lake Eden PUD Memo #0141 (our re: #2 o~ 10) Dear Sgt. Harris, In response to your memorandum dated May 24, 1995, we are acknowledging herein that the access way to Seacrest Blvd. will be as indicated on the current submittal, which will provide a minimum 20' roadway and will line up with S.E. 35th Avenue and provide a locked gate entryway with telephone access code ~or emergency use only, as you have suggested. I~ you have any questions regarding the above, please contact me. Sincerely, GENTRY ENG~ND A. Gentry Gentry Engineering and land Surveying, Inc. P.O. BOX 243 DElRAY BEACH, FLORIDA 33447 PHONE: 272-1924 Member American Society of Civil Engineers American Congress of Surveying & Mapping Member Florida Society of Professional land Surveyors June 15, 1995 rDJmmr7 ~I-' 0 I L_.~" ".-."..." ,.' ... ....., Mr. Michael E. Haag, Site and Zoning Administrator City o~ Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Fl. 33425-0310 .J ~l ~~.~ Re: Hills at Lake Eden Memorandum 95-255 Dear Mr. Haag, In response to your Planning and Zoning Department Memorandum 95-255, dated June 2, 1995, regarding the Hills at Lake Eden, Master Plan Review, File No. REZN 95-002, we are responding to your comments in your letter as ~ollows: In response to item one o~ said memo, we propose to complete the rezoning application by the June 19th deadline as requi red. In response to item two o~ said memo, the required legal documents ~or the uni~ied control ~or the PUD shall be submitted shortly as they are now being prepared by the developer's attorney and it is understood these documents are required ~or submittal and the developer shall comply with Items A, Band C o~ Section 6, Chapter 2.5 o~ the City o~ Boynton Beach Land Development request and it is understood that the rezoning to the PUD classi~ication shall be subject to the satis~action o~ items listed in item two o~ your memo. In response to item three o~ your memo, we have indicated on the attached site plan the proposed land use intensity (LUI) as well as the site data to indicate the project meets the land use intensity classi~ication. ( the proposed land use intensity is 5 and the subject property has an area o~ 15.4 acres and the proposed site plan shall con~orm to the remaining items ~rom Table 1, Section 3, Chapter 2.5 o~ the City o~ Boynton Beach Land Development regulations). In response to Item ~our o~ said memo, the developer shall provide a maintenance association document as required by Section 2, in regards to the maintenance o~ all on site improvements including the storm drainage system, roadways and all common areas, as well as on site landscaping. These documents shall be provided as well as those I have listed in item two o~ your memo. In response to item ~ive o~ your memo, we have indicated on the attached site plan the minimum ~ront, side and rear setbacks ~or the proposed structures to be constructed on said lots and we have shaded the areas within said lots to indicate the maximum buildable area and we have indicated on said plan a chart to indicate the minimum setbacks. We have indicated on said plan that the accessory structures shall comply with Chapter 2, Section 4.8. o~ the City's Land Development Regulations and that ~ences shall comply with Chapter 2, Section 4.J.l. o~ the City's Land Development Regulations and that any ~ences that are not on the proposed lot areas, have been indicated on the site plan. In response to item six o~ said memo, we have indicated on the site plan the minimum lot width and lot area minimum lot width is 63.75 ~eet and minimum lot area shall be 6,727.50 S.F.}. In response to item seven o~ your memo, we have indicated on said plan that the proposed height on said structure shall be 30 ~eet as the maximum overall height o~ the residential structures. In response to Item eight o~ said memo, we have indicated on the site plan that the proposed type o~ use shall be single ~amily dwellings. As required in your item number nine, we have placed a note on said plan that utility services shall be provided under ground which will include sewer, water, telephone, F.P. & L., cable and any other utility not listed. In response to your item ten o~ said memo, we have placed a note on the plan, that there are minimum two 9'xlS' parking spaces provided ~or each unit and we have not indicated said parking spaces on existing plan because the driveway shall be a minimum o~ 9'xlS' to serve as one parking space and the garage shall be a minimum o~ 9'xlS' to satis~y the minimum requirements o~ said item 10 and we shall note on said plan that i~ the proposed residence does not have a garage than the proposed drive shall be a minimum lS' wide and lS' long to satis~y the minimum regulations to provide two parking spaces per lot. In response to item eleven on said memo, we have indicated on the attached site plan the zoning districts that abut the property, together with the perimeter setbacks consistent with Chapter 2.5, Section 9.8. o~ the City's Land Development Regulations. In accordance with item 12 o~ your memo, we have indicated the vehicular roadway and we have indicated the pedestrian walkway on one side o~ the private street and we have indicated this in~ormation on said master plan and in accordance with the requirements o~ Chapter 6, Section 11 covering sidewalks as described in item A. that marginal access streets, such as those proposed in this development require sidewalks on one side and shall be constructed concurrently with the building construction. In response to your item thirteen o~ said memo, we have provided a table to give the total gross acreage and the percentage devoted to dwelling units and other non-residential units. In response to item ~ourteen o~ said memo, we are basically de~ering the ~inal landscape plan pending the completion o~ an updated tree survey ~or the subject property and we have been in contact with Kevin Hallahan, City ~orester to coordinate the above. It is the intent o~ the developer to preserve the existing vegetation as much as possible and remove the prohibitive species. The developer will provide a complete landscape plan which will include any additional landscaping proposed which will be in accordance with the City's landscape requirements. In response to item ~i~teen, we have indicated on the paving and drainage plan the names and elevations o~ the adjacent subdivisions in accordance with your item ~i~teen o~ said memo. In response to item sixteen, we are submitting herein the paving and drainage plan and we have also provided the topographic elevations o~ the subject property shown with a l' contour interval as required by your item sixteen o~ said memo. In accordance with item seventeen, we are providing herewith copies o~ the recent boundary survey o~ said property. In response to item eighteen, we have placed a note on said plan, that all utilities are available and will be provided by the appropriate agencies. In response to item nineteen, as indicated on the site plan we have provided an emergency access to Seacrest Blvd. ~or the city ~orces including utilities, police, Fire Department, Etc. In response to item twenty OT said memo, we have submitted a traTTic study to the City Engineer, which he initially indicated was satisTactory, which gave the daily trips Tor the subject use. We also contacted the Palm Beach County Engineering Department, TraTTic Section and they also indicated that the traTTic study was satisTactory, but we received a letter dated June 7, 1995, Trom the City Engineer regarding a letter he received Trom Palm Beach County Engineering Department, TraTTic Section and we will Tollow up with this letter to satisTY the City Engineering and Palm Beach County Engineering Department, TraTTic Section prior to Tinal approval OT said PUD application. IT you should have any questions regarding the above, please contact my oTTice. Sincerely, Gentry Engineering and Land Surveying, Inc. P,O. BOX 243 DELRAY BEACH, FLORIDA 33447 PHONE: 272-1924 Member American Society of Civil Engineers American Congress of Surveying & Mapping Member Florida Society of Professional Land Surveyors June 15, 1995 Mr. John A. Guidry, Utilities Director City o~ Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Fl. 33425-0310 o '":) (C', Ii] Ii" f? Ii t5 \.~J L~: 11 ....".---..".--.--",.... . ~ Re: Hills at Lake Eden Memorandum No. 95-168 (~ur ~P: ~'" c., L.~ i:1 \ Attention Peter Massella Dear Mr. Guidry, In response to your memorandum dated May 24, 1995, in regards to the Hills at Lake Eden, master plan submittal, in regard to Item 1 in said memo, we are providing the sewer and water site plan which indicates both the point of commencement ~or both sewer and water, together with the proposed line sizes and proposed residential lot service connections. Item number 2, in accordance with your proposal we are providing a 20' wide utility easement which will also serve as an ingress, egress easement ~or emergency access to Seacrest blvd. ~or City ~orces the remaining under ground utilities shall be within the proposed right-o~-ways. In response to your Item number 3, o~ said memo we are providing a storm water management plan which indicates the proposed storm drainage system, as well as the proposed street and lot grading system. I~ you should have any questions regarding the above, please contact my o~~ice. Sincerely, Gentry Engineering and land Surveying, Inc. P,O. BOX 243 DELRAY BEACH, FLORIDA 33447 PHONE: 272-1924 Member American Society of Civi I Engi neers American Congress of Surveying & Mapping Member Florida Society of Professional Land Surveyors June 15, 1995 Will i am Huk ill, P. E. City Engineer City 0+ Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Fl. 33425-0310 IrDl rn @ rn 0 w rn fn) IL~]I ~Ji'i I 9 ..0 I~ ! L_..__~_~J , PLANNltJG f'\NfJ I .,',~~ ~__,<___~Qt~l,:~f.~,QsXJ)~"...~,.,_~,~<<,,,,, .,""".~.J Re: Hills at Lake Eden Memorandum No. 95-169 (ou~ r8: # 4 0+ 10) Letter' -', re: # 10 of 10) Dear Mr. Hukill, This letter is in response to the Memorandum dated +rom you, dated May 24, 1995, to Tambri Heyden, Planning and Zoning Director, regarding the Hills at Lake Eden, master plan submittal, as well as your letter dated June 7, 1995, addressed to my o++ice. In regard to your Memorandum 0+ May 24th, we have acknowledged your comments regarding access to Seacrest Blvd. with the minimum 20' right-o+-way which shall also serve as a utility easement +or both sewer and water. We would +ollow the proposals +rom both the Fire Department and the Police Department with a locked gate which can be opened through a telephone signal, which ,will have a telephone code access and would provide the ingress, egress +or city +orces as required. In response to your letter o~ June 7, 1995, we will provide a written veri~ication ~rom the Palm Beach County Engineering, Tra~~ic Section regarding the required tra~~ic study as you have requested. In regard to the corner lots which we termed as key lots with a narrow entry way we ~eel this is typical ~or many developments throughout South Florida and it does provide access ~or both the residents and the emergency services and we would expect that residents would provide curbside trash pick up which would be typical ~or may similar situations throughout the city where the trash would be carried 50'~ ~rom the residence to assist in trash pick up. I would be happy to provide copies o~ plats which are recorded which have similar entry ways as proposed ~or this development. The storm drainage plan shall be a part o~ the current submittal and it shall be in conformity with the requirements o~ the South Florida Water Management District and the Engineering Department of the City of Boynton Beach and a storm water permit will be obtained through the S.F.W.M.D. as required. IT you should have any questions regarding the above, please contact my oTTice. Sincerely, Gentry Engineering and land Surveying, Inc. P,O. BOX 243 DELRAY BEACH, FLORIDA 33447 PHONE: 272-1924 Member American Society of Civil Engineers American Congress of Surveying & Mapping Member Florida Society of Professional Land Surveyors June 15, 1995 oo-~ ~N~~ I: f@! Mr. William D. Cavanaugh, FPO City 0+ Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Fl. 33425-0310 ';'6'~I~~g~~D ~~ ~ Re: Hills at Lake Eden PUD Memorandum No. 95-269 ([1iU'- '.2; t'c:., _,,- 10) Dear Mr. Cavanaugh, In response to your memorandum dated May 26th, 1995, regarding the Mater plan, Hills at Lake Eden, we are acknowledging herein that the roadway shall be 24' as required by the Fire Chie+ and the emergency access +rom Seacrest Blvd. shall be provided approximately in line with S.E. 35th Avenue and shall be provided with a locked gate with telephone code access +or emergency use only +or the city +orces. 1+ you should have any questions regarding the above, please contact my o++ice. Sincerely, GENTRY ENGINEERING 6~~n r Gentry Engineering and Land Surveying, Inc. P.O, BOX 243 DElRAY BEACH, FLORIDA 33447 PHONE: 272-1924 Member American Society of Civil Engineers American Congress of Surveying & Mapping Member Florida Society of Professional land Surveyors June 15, 1995 Re: Hills at Lake Eden Memorandum No. 95-160 (.uv I~j ~ "@ ~ fl W ~ I in) I U l! JUN I 9 :';95 j ~ i. PLP.NNING AND I . ZONING DEPT. ~'''''''i'''''''''''''''_''''''_''__''"''.'''''''''''_'----",_:.",~,,-' Mr. Al Newbold, Deputy Building OTTicial City oT Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Fl. 33425-0310 - H ~- 1 ~ (I ) Dear Mr. Newbold, In response to your memorandum, dated May 30th, 1995, we are providing a response to your memo as Tollows: Item 1 - we are providing in the current submittal the master plan, which indicates the shaded area Tor the building, pool and screen room setback areas, as well as a chart which indicates setbacks Tor the above. Item 2 - We have indicated on the above mentioned plan the Trontage oT the subject lots as indicated on Item 2 with the understanding that the Trontage oT the lot shall be the narrowest portion oT said lot adjacent to the roadway, in accordance with the old deTinition oT residential lots. As required by your Item 3 of said memo, we have indicated the easements and their types as requested. We have also indicated the sidewalk location on the site plan. The landscaping in the common areas shall essentially consist of preserving the natural vegetation with the exception of the prohibitive species and a final plan for said landscaping shall be submitted at a later date following coordination with Kevin Hallahan City forester/Environmentalist to satisfy the environmental issues and tree preservation for the required minimum percentages. If you should have any questions regarding the above, please contact my office. Sincerely, I NG , I NC . r, 'rnlr~'~ @ rn ~ w , i ' i I d.O#11 " 'i !_li Ii Ii .. lw.J, I I ! L.__ ~ ,ml 19 l --~ PlANNltJG AND \,L.(,i ZONING DEPI ~ ~~_J MEMO TO FILE: Re: Hills at Lake Eden, a P.U.D. Master Plan June 9, 1995 - Met with Frank Pinto, Developer Tor the above project and Kevin Hallahan, Forester/Environmentalist Tor the City OT Boynton Beach, covering comments Kevin Hallahan made Tor the master plan submission Tor the Hills At Lake Eden. Kevin Hallahan stated he would need the items as outlined in his comments satisTied prior to Tinal approval, to be addressed as Tollows: 1. 25r. set aside oT the environmentally sensitive acreage would be indicated on the master plan to indicate that the tree preservation areas "A", "B", "C", "0" and "E" would satisTY the 25r. set aside requirement. 2. The Tlora and Tauna survey oT the acreage would be a part oT the tree survey and would also be indicated on the master plan as required. 3. A permit would be obtained Tor the protection and relocation oT any plant/animal species on the acreage under the jurisdiction oT State Department OT Game and Fresh Water , .. . Fisheries, State oT Florida, as required and any protected areas would be indicated on the master plan. 4. T~ee su~vey 0+ the ac~eage was discussed with Kevin Hallahan and a b~ie+ discussion conce~ning the ~eason +o~ the delays +o~ ca~~ying out the ~equi~ed t~ee su~vey. A ~equi~ed t~ee ~emoval pe~mit would be ~equi~ed acco~ding to Kevin Hallahan and he would sign 0++ on said t~ee ~emoval unde~ the condition it w.as +or,..su~v.eying purpose? only +o~ the p~ope~ identi+ication and location 0+ the existing vegetation and t~ees. 5. T~ee management plan would be p~ovided which would locate the p~otected t~ees on the maste~ plan as well as any t~ees to be ~elocated and thei~ p~oposed location. 6. This item was not applicable since the~e would not be any lake o~ litto~al zone plantings ~equi~ed since the~e is not any wetland a~eas existing or any lakes intended to be const~ucted on this site except +o~ possible sto~m wate~ ~etention a~eas, which will be inundated +o~ short pe~iods du~ing sto~m wate~ events~ You~s t~uly, GENTRY ENGJNEERING AND LAND ? "~ <<... -:'- / / ~W~ 1- ( Burl son A. Ge t~_._. INC. c.c. Kevin Hallahan, Fo~este~/Envi~onmentalist Planning Depa~tment - maste~ plan submittal Gentry Engineering and Land Surveying, Inc. Ju ne 13, 1995 P,O. BOX 243 DElRAY BEACH, FLORIDA 33447 PHONE: 27~2~_ r':) \~~- ~ u. ':::.100" \[)11 c. U !i!I\ JdN _\_J~I~ Wi..!, I L . A l (, PM!~I~\~urrD ~.~.,...-,"-.",.."";{^ /; Member American Society of Civil Engineers American Congress of Surveying & Mapping Member Florida Society of Professional land Surveyors Mr. Michael Haag, Site & Zoning Administrator City o~ Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Fl. 33425-0310 Re: Hills At Lake Eden Dear Mike, Following our conversation concerning the above project, we are con~irming in this letter that the ~inal submission together with all responses and comments will be submitted on Thursday, June 15th to be included on the TRC master plan review on June 27th. I~ you should have any questions regarding the above, please contact my o~~ice. Yours truly, ENGI ERING lison A~ G, I NC . %e City of 'Boynton r.Beacli 100 'E. 'Boynton 'Btatn 'Boulevara P.O. 'Bo;r310 'Boynton 'Btatn, 1'foritfa 33425-0310 City 9fafl: (407) 375-6000 1'JtX: (407) 375-6090 OFFICE OF THE CITY ENGINEER June 7, 1995 Gentry Engineering & Land Surveying, Inc. P.O. Box 243 Delray Beach, Florida 33444 Re: Hills @ Lake Eden Gentlemen: Attached please find a letter from Palm Beach County Engineering suggesting that you must submit a traffic study prior to issuance of a development order. It is self explanatory. Very truly yours, CITY OF BOYNTON BEACH, FLORIDA $4iM~ William Hukill, P.E. City Engineer WVH/ck C:LAKEEDEN.PBC xc: Mike Haag, zoning/Site Administrator ~merUas (jateway to tlU (julfstream Board of County Commissioners Ken L. Foster. Chairman Burt Aaronson, Vice Chairman KarE'., T. Marcus Carol A. Roberts Warren H. Newell Mary McCarty Maude Ford Lee County A Robe" Department ot ..... _ and Public Wor!\._ June 1, 1995 Mr. William Hukill, P.E., City Engineer 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Fl 33425-0310 RE: HILLS AT LAKE EDEN rD.~) ill@. ill ~- W ill Iml. i r I~, I ri. ! 1J II LJGI )ji\j {. .~; L.::J. PLANNING AND ZONING DEPT. Dear Mr. Hukill: This letter is in response to your letter dated May 24, 1995 regarding the requirement for a traffic study for the Hill at lake Eden project. All projects are subject to Traffic Performance Standards. A traffic study is required for all projects generating more than 200 daily trips. Projects generating less than 200 daily trips may be analyzed by the City Engineer or the County Engineer. The traffic analysis is required prior to issuing a site specific development order. Gentry Engineering seems to acknowledge the requirement for a traffic study and says they plan on preparing it prior to final plat approval. If the plat approval is the first development order that the City will issue, that timing would be appropriate. If the City will be issuing a development order such as a master plan approval of zoning approval prior to the plat approval, the traffic study would be required prior to those approvals. If you have any questions regarding this information, please contact me at 684- 4030. Sincerely, OFFICE OF THE COUNTY ENGINEER ~b;:~ Senior Registered Civil Engineer cc. Mike Haag, Zoning/Site Administrator File: TPS - Mun. - Traffic Study Review g:\user\ "An Equal Opportunity - Affirmative Action Employel printed on r8Cycled paps, Box 21229 West Palm Beach, Florida 33416-1229 (407) 684 100 'E. 'Boynton 'BUlln 'Boulevara P.O. 'Bo~31O 'Boynton 'BUlln, 1'foritfa 33425-0310 City 1fa{[: (407) 375-6000 1'fU: (4Q7) 375-6090 fJfte City of flJoynton tJ3eacn OFFICE OF THE CITY ENGINEER May 24, 1995 Mr. Dan Weisberg Palm Beach County Department of Engineering and Public Works - Traffic Division P.o. Box 21229 West Palm Beach, Florida 33416 Re: Hills at Lake Eden - Traffic Impact Statement Dear Mr. weisberg: The attached May 9, 1995 letter from Gentry Engineering and Land Surveying, Inc. was submitted as a traffic statement for a development at the south edge of Boynton Beach between Seacrest Boulevard and Swinton Avenue called Hills at Lake Eden. The basic message of paragraph 7 on page 2 is that a full traffic study is not required. Based on the information contained therein, please let us know if you concur. Very truly yours, CITY OF BOYNTON BEACH, FLORIDA /)~/ &:t111 /a&c/'tl Ii,,> c..- ". , v '-../ u' ( william Hukill, P.E. City Engineer WVH/ck C:LAKEEDEN.PBC xc: Mike Haag, Zoning/Site Administrator Ken Hall, Engineering Aide City Engineer, City of Delray Beach (FYI) ~merUas (jateway to tfu (julfstream GENTRY ENGINEERING AND LAND SURVEYING, INC. P.o. BOX 243 J:.}m.RAY~~&FJ.r. ~~447-m4~ PHONE (407)272-1924, FAX (407) 272-7741 MEMBER AMERICAN SOCIETY OF CIVIL ENGlNEERS AMERICAN CONGRESS OF SURVEmm & MAPPING MElv18@ FLORIDA SOCIETY OF SURVEYING AND MAPPING May 9.1995 Mr-. Bill Huk i 11 Depar-tment o-f Development Dir-ector- Ci ty o-f Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Fl. 33425-0310 Re: Hills at Lake Eden (-fka Rbllingwood) Fi Ie No. SBMP 94-001 Subdivision Master- Plan Dear- Mt~. Huk i 11 , Following the master- plan r-eview by the Technical Review Boal'-d as outl ined in the letter to you. -from Michael E. Haag, Zoning and Site Development Administrator, dated January 17, 1995, ~~ ar-e r-esubmitting a new master plan layout fOllowing the pr-G'Iious patter-n and addressing the concerns as outlined in said :ette~, as follows: 1. The 5' wide limited access easement has been added along Seacr-est Blvd., as requested. :. The cul-de-sac fOrmally shown on the master plan has been eliminated by pr-ojecting the east-west roadway on the Sauther-ly side o-f sald master- plan to fOr-m a block which will loop co~pletely around said block to eliminate both the dead end and th8 cuI-de-sac. 3. We have noted cr-oss hatching on the -fronts o-f lot 1, Block ---:--,;. . I, Lots 8 and 9, Block 2 and Lots 1, 6, 7 and 12, Block 3 and we have3dded the note on the plan that the locations o-f the pr-oposed ~lomes "3nall comply with the regulations speci-fied in Appendix (~- Cm~,nq oJ+' the Boynton Beach Code o-f ordinances. , >..'\; 4. The maste~ landscape plan fOr the common areas shall consist primarily of berms on the perimeter with approved landscapIng and in the bu~~e~ areas between blocks and lots the natural landscaping shall be pr-eserved as rTUch as possible. It is, of course, understood that the species and locations shall be subject to appy"oval by the Landscaping Department of the Ci ty of Boynton Beach. 5. An updated tree survey shall be pr-epared fOy the review of the Ci ty fOrest/Environmental ist for the intent to pl'~eserve ,~n e:{cess o~ the required 25% o-f the natur-al habitat that occurs on the site. 6. The legally constituted maintenance association agr-eement snaIl be pr-ovided -for improving, perpetually oper-ating and mai~talning all common facilities, including str-eets and open pn:!servation space wi th the understanding that these dOCLUTIents must be appr-oved by the City o~ Boynton Beach Legal Depar-tment. The above sample document should be submitted to the Legal Dept. prior to final review o~ the master- plan. 7. We have reviewed the tr-a~ic impact fOr- the pr-oposed development and based on the County's adapted standar-ds (10 vehlcle tl~ips per- day per- dwell ing unit VTPD/OU) This site would (;er.e~.ate appr-oximately 620 VTPD. The existing r-oadways such as SWIn~on and other local roadways ar-e below capacity at this time 3nd would not be adversely affected at this ti~e. DaD_mEntation ~r the above with a ~r-mal tr-af~ic study shall be pr-epared and pr-esented prior- to final plat appr-oval. 8. Since the new si te plan has el iminated the cul-de-sac, ti,e (~ead end sti~eet. si tuatlon has been e1 imInated also. 9. It is not believ~d_~hat a side walk on bath sides of a :w:'/=l.te roadway should be yequired, but pedestYlan accessways sha 1: be prOVIded to satisfy the minimum r-equit"ements. STAN DUBE' .",,,.,../ '--'..",..lIl . '!II TEL: L--.A.9.7:-. 363.:- 308 4 Feb 12.96 15:22 No.002 P.02 Pebruary 10, 1996 ~~. J. Stwnley Dube. Chairperson Boynton Beach Planning and Development Board Dear Mr. Dubel .' ,.:l,.w.P\ll.d.. ~~t~~.;'y?,",.rnq~..llll.i~-!,W concerns regarding the Hilla of Lake Eden project which comes before you on February 13. 1996. Please be advised that COpiC5 were provided to the Mayor and Oity Oommiaeion for their review and consideration in January 1996. ;~~~ Stella Rossi 625 Whispering Pines Rd. Boynton Beach, Fl. JJ435 .,.:~ "t\.~~~"..,_/~:!;~'~y ,,;.""11 1 L . t", . ,~" ,". "lIt. '"...'~,:!' '.': ," ,", .,~. ..;';'~l'll:"- ;',t' 'Co '. 11 .... I ~r~~,'-~" .". . <0, ...>..'...~:;~: ""N ,~,"~'.........: ~,-\~,~~.~.:.,_. .....,,,... "''',~''''.kl ~ .~r~Y:Llr~..,t.~~-"""""'~ .- ~. "~'''''''':)IJ+.':' .. A.IiIU. .'.'",:,l,'. ;.;~:,,~,r): '.'._'. :',1,,'" \,.:.~ ~, ..,:;~~: ."'!' .:,";';":" I ,~., . "'.~~;F':: , . STAN DUBE' TEL:1-407-369-3084 Feb 12,96 15:23 No.002 P.03 ........ "It HILLS OF LAKE EDEN COMMENTS I QUESTIONS ON FLORIDA NATIVE HABITAT PRESBRVE .. The current master plan, third submittal, shows the preserve as being part of the abutting lots, that is lots that are shown as containing 9,200 square feet and 142.5 feet in depth are in reality 7100 square feet and 110 feet in depth. The applicant treated the pre5erve a.s IUl easement instead of a well defined and dedicated tract. or' .."*'....\l'.!~'~ ... .' -- --- ., -':-::'.~:,:,7" ...i.,ii,,,, 'Ie'- -"-."-<" ---.-- -~~tTT :.~. -1i Lots along Swinton A venue and Seacrest Boulevard were similarly trt"Bted, i.e., the landscape buffer is shown as being part of the lot. In my opinion. this easement treatment of an important element of the comprehensive land use is not acceptable. rl.... .1 ,.; . ;......,~\. Why use deceptive methods to mask the preservation of the native habitat. niepMy way to insure control 1n perpetuity is by dedication to the Homeowners Association ~ '" "'A<"',.", ~$'rli-J n..lh"Waylt..~sJ:lano-"by';.mo,t othOt"jurisdi,Qtionl,~.~.....- '.. ~.,.~~_J\."."",;:1~Jil:AC1,- .~".,.'.. . The Master Plans show no attempt to identify the best. Florida Native Habitat encompassing scrub and pine flatwoods on the 15 acre parcel. Developers site plan optimizes number of lots with little regard to the existing native habitat. ;,",~~;,W_...~....~;..,.,.!. !"J.~I'IIIi~i;tlli ..... ;TAN DUBE' TEL:1-407-369-3084 Feb 12,96 15:23 No.002 P.04 ....~ ... The 65 feet and 55 feet wide preserve easements' are not only in the wrong location but contain only one-half of the identified scrub using the C & N Report. The 65' and 55' wide strips are too narrow to be conaidered viable preserve. The required set aside should have been in one piece to better insure its ability to susvive. The applicants plan treats the preserve as landscape buffers. . ',. ",; ..,~ " The proposed prese~~,~~t }~_ ~~!2~ .~ _~h~ ~~h~ !j(,1&.ePtlf &. N, ,"'i',,\i..,...:,..l,.;l,,~"!;' .,. .., ' .'. '... ,,',_,..i,..,., _"-"" ,. ,.. -:'.~~'.~'),.~r:~, '" .",~. :"'.' ..i1I n. .1 1 1Ilf~ Report indicates. The East presesve is on the slope. The applicant was required according to Kevin Halahan to submit a clarification .9f the calculations that accompanied the tree location plan. There is no explanation of how the net scrub preserve acreage was determined. Based on aerial photos of the &ite, it appears that a portion of the West strip . ...... preserve easement shown on the Master Plan lies within a previously cleared, ~: .., ,,\,', . ~'I ',." identified in the C & N . report as the "Cleared Western Portion II. This again, __~",.."~ ..1:_.. A_' C:JndioatN.4-~lftptd"'n"'1JaR-,of th..app~9~~___~_VL, fOIL J 'j ~'.-' ;;. '''1iI . contain the best native plant communities. . ..;,;',i.,..... '1;.,..,...... . -~--..............: Gentry Engineering and land Surveying, Inc. P.O. BOX 243 DELRAY BEACH, FLORIDA 33447 PHONE: 272-1924 Member American Society of Civil Engineers American Congress of Surveying & Mapping January 10, 1995 Member Florida Society of Professional Land Surveyors Mr. Hukill, City Engineer City of Boynton Beach Engineering Department 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Fl. 33425-0310 Re: Hills at Lake Eden Dear Mr. Hukill, I have been requested to expand on our previous report for our master plan of Hills at Lake Eden for the long access roadway. As we discussed previously, I have attempted to preserve the topographic features of the area, therefore, rather than making a cut through the existing dune line, I have created a roadway which traverses around the dune line and preserves the character of this area as much as possible. We have provided an emergency accessway to Seacrest Blvd. which gives emergency vehicles such as Fire trucks and police vehicles access and would be available to reseidents for emergency access to Seacrest Blvd. In regard to the traffic analysis the traffice for a single family unit based on the Palm Beach County Unified Land Development Code is 10 vehicle trips per day (2 directions) for single directional a single family unit would develop 5 vehicle trips per day. Since this development would create 48 single family lots, the traffic generated would be 48 x 5 vehicle trips per day which equals 240 trips per day single directional, which is significantly less than the threshold +:.~/ ~ ()J" , ~4 ENGINEERING DIVISION MEMORANDUM NO. 94-404 ~ c=D /-;;~ IJ:- i/ TO: ALL TECHNICAL REVIEW COMMITTEE MEMBERS Al Newbold, Acting Director ~ Engineering Division, Dept. ofv~;'e~ment FROM: DATE: December 29, 1994 ~ t \~~~ ~~.,:t\'l\:\~, e \\\:.\:; . \'\ \,- ,) '0\ \~\ \ ., .;.. \ '-<\ < \ , \ I " .....1 . ! I RE: SITE PLAN/MASTER PLAN SUBMITTAL HILLS AT LAKE EDEN (a.k.a. ROLLINGWOOD) We are handing you herewith copies of a site plan/master plan submittal for the above referenced project for your review. We are asking each department to supply this office with their comments by Friday, January 6th in the hope that the review can occur at TRC on January 10th. By copy of this memo we are asking the Finance Department to process and deposit the $1000 Master Plan Review fee. WVH/ck C:ROLLING.WD xc: utilities Recreation & Parks/Forester Building Planning Fire Police Public Works .:--'~-~~~~ ~c Gentry Engineering and land Surveying, Inc. P.O, BOX 243 DELRAY BEACH, FLORIDA 33447 PHONE: 272-1924 Member American Society of Civil Engineers American Congress of Surveying & Mapping December 27, 1994 Member Florida Society of Professional Land Surveyors City of Boynton Beach Planning and Zoning Department 100 E. Boynton Beach Bloulevard P.O. Box 310 Boynton Beach, Fl. 33425-0310 Re: Site' plan/Master plan submittal Hills at Lake Eden (a.k.a, Rollingwood) We are submitting herein the application for master plan approval as outlined in the Boynton Beach Code, as follows: A. 7 copies of the Master plan of the proposed subdivision for piacement on the Technical Review Board Agenda are attached herewith. B. The developer, Franlc pinto, has retained Gentry Engineering and Land Surveying, Inc. to provide the master plan and coordinate with the major utility suppliers providing services. C. As follows: 1. The name of the proposed subdivision shall be HILLS AT LAKE EDEN and according to the .current records this name is not a duplication of any other subdivision names in Pafrn Beach County. 2. The vicinity sketch has been added to each sheet referencing other areas of the City as shown thereon. 3. The North arrow, graphic scale and date has been indicated on each sheet, as required. 4. The name and address of the developer, surveyor and engineer is indicated on Sheet 1 of 2. 5. The adjoining subdivisions together with plat book and page is indicated on the master plan ( sheet 1 of 2). 6. Tract boundary and bearings, together with a written description has been indicated on each sheet. 7. The topographic conditions of this site has been indicated on sheet 2 of 2. All existing conditions on site have been indicated and there are presently not any water courses, marshes or water bodies on this site. 8. All existing streets adjacent to the tract together with right-of-way widths, pavement widths are shown on the plan. The existing center line elevations are shown on sheet 2 of 2. ~ CITY of BOYNTON BEACH {y- rfA G!,;. ;/ J @ 100 E. Boynton Beach Blvd. , .' . P. O. Box 310 ,. ~.. Boynton Be,ch, F1odd. 33435-0310 . . (407) 734-8111 ... . - OFFI CE OF THE PLANNING DIRECTOR April 24, 1990 Mr. Stephen D. Shaw, Staff Appraiser Callaway & Price, Inc. 1639 Forum Place, Suite 5 West Palm Beach, FL 33401 RE: Native habitat on Ro1lingwood parcel Dear Mr. Shaw: In response to your letter regarding the Rollingwood parcel, 25% of the native habitat that occurs on the site, including intact ground cover, understory and canopy, is required to be preserved consistent with Chapter 7.5, Section 7.5-22, Code of Ordinances and Policy 4.4.1 and 4.4.2, Comprehensive Plan. Existing trees outside the preserved areas would also need to be preserved, moved or replaced on an individual basis. If you have further questions, please feel free to contact me. Very truly yours, CITY OF BOYNTON BEACH ~7f~ TIMOTHY p_ CANNON Interim Planning Director TJH:cp A:Shaw APPLICANT/AGENT: Mike Zeman C1 (l. '~ ..t,kV. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ~::7:~ CITY OF BOYNTON BEACH, FLORIDA . ;. II )Lt!-( /~~ ' PROJECT NAME: Hills at lake Eden ~.e/~P'~ ~/W~ ~v~.aP.A~ ,(y.u ~ APPLICANT'S ADDRESS: 10 lake Eden Drive, Boynton Beach, Fl 33435 lOCATION OF PROPERTY: West side of the intersection of Seacrest Boulevar an eam Boulevard, DEPARTMENT OF D EVElOPMENT m 8 W DATE OF HEARING BEFORE CITY COMMISSION: 4/21/98 ~/J't8 TYPE OF RELIEF SOUGHT: Rezoning DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach. Florida on the date of hearing stated above, The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's land Development Regulations. 2. The Applicant ,/ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". - 4. The Appliccy1t's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5, This Order shall take effect immediately upon issuance by the City Clerk. 7. All further development on the property shall be made in accordance with the terms and conditions of this order. ~\\\\\\'''"11111''11~ ~ ~oVNro+~ (Q~ <9",\ s~~ ~'JP'a _"- 0= - - - =Qi :z: \ \....1920./ f "- .. ~ ~~ e_ ..- s- ~/, ):'LOR\O"'~~# ~1111I1I/1I"\\\\\" Other 6. ~~~~ City Clerk J:\SHRDA TA\Planning\SHARED\WP\projects\HiIIsEden\REZN-98\DEVELOPMENT ORDER REV.doc DATED: gAY 8/ /9'P$ VI/. PUBLIC HEARING C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meetin~ Dates in to City Clerk's Office 0 April 7, 1998 March 20, 1998 (noon) 0 June 2, 1998 May 22, 1998 (noon) 0 April 21, 1998 April 10, 1998 (noon) 0 June 16, 1998 June 19, 1998 (noon) IZI May 5,1998 April 24, 1998 (noon) 0 July 7, 1998 June 26, 1998 (noon) 0 May 19, 1998 May 8, 1998 (noon) 0 July 21,1998 July 10, 1998 (noon) RECOMMENDATION: Please place the request below on the May 5, 1998 City Commission meeting agenda under Public Hearing, The City ._ Commission tabled this item at the April 21, 1998 meeting to allow time for the applicant to consider options of satisfying concerns of the Commission pertaining, in part, to reduction in side building setbacks, rear setbacks for pools and screen :' 'enclosures, project density, and environmental preservation, To date, the applicant has indicated a willingness to remove from the request for reduction in side building setback from 10 feet to 7 Yz feet on Lots #1 through #8, As stated previously, the Planning and Development Board with a 4-3 vote recommended denial of the request. For further details pertaining to this request, see attached Planning and Zoning Memorandum No. 98-080. EXPLANATION: PROJECT: Hills at Lake Eden PUD AGENT: Mike Zeman LOCATION: 15.40 acres of property located between S. Seacrest Boulevard and Swinton Avenue, just north of the westward extension of Gulfstream Boulevard (10 Lake Eden Drive). DESCRIPTION: Request to modify the approved rezoning master plan to reduce the required minimum rear setback for pools and screen enclosures from 29 feet to 20 feet on lots #1 through #9 and on lots #17 through #25; and to reduce the required minimum side building setback from 10 feet to 7Yz feet on lots #1 through #8; and to modify two conditions of the original PUD rezoning to reduce the required minimum dwelling unit size from 2,400 square feet (under air) to 2,250 square feet (under air); and to reduce the required minimum average dwelling unit size from 2,600 square feet (under air) to 2,450 square feet (under air), -' ,. -J .' EXPLANATION: N/A PROGRAM IMPACT: NM FISCAL IMPACT: N/A ALTERNATIVES: vt&r:ff.~k epartment Has Signature ~ Xtfj,~~~" City anager's Signature Development Department Name /I I' ~/!. ~i-rJ/f-1~~, . {U~ Planning and ZiMmg Director . COMMISSION MAY 5 APPROVAL \\CH\MAIN\SHRDAT AIPLANNlNGISHARED\WP\PROJECTS\HILLEOENIRUN 98-QOIIAGENDA ITEM REQUEST 5-5-98.DOC " DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 98-080 TO: Chairman and Members Planning and Development Board THRU: Tambri J. Heyden, AICp. -;)lj Planning and Zoning Director FROM: Michael W. Rumpf Senior Planner DATE: April 7, 1998 SUBJECT: The Hills at lake Eden PUD (REZN 98-001) Request for Modification of Master Plan and Rezoning Conditions INTRODUCTION Robert Trautman, President of Kennedy Properties, Ltd., property owners, is requesting :hat the Hills at Lake Eden Planned Unit Development (PUD) be revised through the modification of approved setbacks and the minimum and minimum average unit sizes required as a condition of approval. The Hills at Lake Eden PUD is located on the west side of the intersection of Seacrest Boulevard and Gulfstream Boulevard (see attached location map in Exhibit "A,"), According to the petitioner, the requested changes are necessary to allow for the cons:~~:::tion of four (4) model homes as currently designed, and to increase the number of lots and mo::ls that can be designed to include pools and screen enclosures. PROJECT HISTORY The City Commission, on March 19, 1996, adopted the rezoning ordinance for The Hills 3t Lake Eden PUD, which action rezoned 15.45 acres of property from'R-1-AAB Single Family Residential to Planned Unit Development with a Land Use Intensity of 5 (PUD w/LUI=51. This request included a master plan for 56 single family detached dwelling units at a gross censity of 3,6 units per acre, The Hills at Lake Eden PUD was approved with certain design characteristics and condi::ons of approval intended to preserve natural site resources and to maximize compatibility of the appearance and property values with tnose of the Lake Eden Plat 4 subdivision located :0 the west of this project. The design characteristics and conditions regarded, in part, access preservation of sensitive lands, buffering and landscaping, minimum and average un:: ::=e, and setbacks. A description of the original project and analysis, and the conditions on wh:::::: the rezoning was approved, are contained within Planning and Zoning Department Memor2~dum No, 95-648 and the corresponding development order. On May 21, 1996 the applican~ requested the City to decrease the minimum living are:: requirement from 2,400 square feet to 1,800 square feet, and to reduce the minimurr, E. -"rage living area requirement from 2,600 square feet to 2,400 square feet. The applicant basej this request upon the claim that the market would not support the housing product produce:: :;y these requirements, which is influenced by the variety of homes (which creates a wice ~2nge of I REZN 98-001 Page 2 values) found within the neighborhoods that surround the subject property. Although a market study was not submitted with this request, the applicant indicated that the range of property values for adjacent properties is $75,000 to $240,000 (including Barrett Heights, Mission Hill, and Lake Eden Plat 4). This request was denied by the Commission who felt that the request was not justified, and therefore, the original conditions and intent to maximize compatibility with the more valuable homes within this area, remained unaltered. DESCRIPTION/ANALYSIS The current rezoning petition includes a request to modify the master plan as follows: ,.l ,;, '\ ~ " 1) Reduce the minimum rear setback for pools and screen enclosures from *25 feet to 20 feet on lots #1 through #9, and on lots #17 through #25; and 2) Reduce the required minimum side building setback from 10 feet to 7~ feet on lots #1 through #8. *(It should be noted that a typographical error was found in the application after processing was initiated and notices were mailed. Whereas the application requests to modify the rear pool and screen enclosure setback of 29 feet, the current approved rear setback for pools and screen enclosures for lots #1 through #9 and lots #17 through #25 is 25 feet) This petition also includes a request to modify certain conditions on which the Hills at Lake Eden PUD master plan was approved, and are described as follows: 1) Reduce the required minimum dwelling unit size from 2,400 square feet (under air) to 2,250 square feet (under air); and 2) Reduce the required minimum average dwelling unit size from 2,600 square feet (under air) to 2,450 square feet (under"air), These proposed changes are also indicated on the revised master plan as submitted which has been reduced and included within Exhibit US", Applicant's Justification: The applicant has stated that the four (4) model homes to be sold and constructed in this PUD were designed not knowing that the square footage (required) would be equal to the air conditioned space within the home, rather than based on the standard methodology provided within the city's zoning code for all zoning districts. The established methodology within the city's land development regulations allows portionb of the unit that :..re not air conditioned to contribute toward the tabulation of total living area in the home. According to this methodology, 10% of screen rooms, 25% of carports and roofed open porches, and 50% of garages and utility rooms can contribute toward total living area. In contrast to this methodology, the subject PUD was approved with the special requirement that living area would be only the air conditioned space within each dwelling unit. The applicant has apparently designed and begun marketing homes which do not meet the minimum living area required for each unit within the PUD, 2,400 square feet, when only the air conditioned space hs tabulated, As currently designed, two (2) of the four 4 models are less than the re uired minimum of 2,400 s uare feet. The smallest Unit ar air which is 149 square feet less than the require . minimum (if the standard methodology for calcu a Ing Ivsng area was use, IS ome would equal nearly 2,600 square feet). The second deficient model is currently 2,333 square feet, which is 67 square feet less than the required minimum. z. REZN 98-001 Page 3 The second issue to be addressed by this request relates to setbacks and their restnctive effect on pools and screen enclosures. As the models are currently designed, insufficient space remains on many lots to allow for pools and screen enclosures, Specifically, only two (2) of the developer's four (4) models, including the two-story model, are feasible with pools and screen enclosures on 31 or more of the 56 lots in the PUD. Furthermore, whereas the "Oak" model (2- stOry) can be built with a 0001 on all but 3 lots, the "Birch" model (2400 SQuare feet) car'Jnly fit with a 0001 on 4 of the 56 lots (see Table 1 in Exhibit ICe''). The developer is willing to accept this restriction on most lots; however, the developer's desire to create a more diverse streetscape (Le, not limited to just two-story homes) along Seacrest Boulevard and SWinton Avenue is the reason for requesting the setback modifications for the 15 lots along the east and west sides of the project. Without this change, the developer would be prevented from Including pools and/or screen enclosures on any of these lots, or must limit those lots to the two-story model. As the developer is anticipating a typically high demand for the pool feature, and would prefer not to limit these lots to the two-story model, for both marketing and appearance reasons, they are motivated to request the setback modifications, Prior to application submittal. staff met with the applicant to attempt to resolve the problems through redesigning of the models, However, the conflict between the minimum unit size requirement and the setback restrictions on pools and screen enclosures made this solution not viable, For example, to fit the 0001 within the required setbacks, the unit must be reduced in size. However, by reducing the size of the models, the unit may be reduced, or reduced further below the size threshold. With respect to the reduction in the side building setback on only lots #1 through #8, from 10 feet to 7 ~': feet, this requirement has also been specifically requested to allow for the pool and screen enclosure features with the "Maole" model, which is the smallest model and desiGned as a "cQurTvard" unit. In summary. althouGh the focus of this analysis is on the 0001 and screen enclosure issue. it must also be emohasized that all sinGle stOry models iust fit within the soecial buildinc 2etbacks on most of the lots. As exolained to staff by the aoolicant. throuGh the use of scaled cown temolates reoresentinG each model. the units as cun-ently desiGned. iust fit within the re:;uired buildinG setbacks for the PUD, Therefore. the models cannot be increased in size witn.Jut encroachinG into the soecial setbacks established for this PUD. Comparison with Approved Plan: Although the required minimum living area, 2,400 square feet, exceeds the minimum ill!:ng area required within the adjacent R-1-AAB zoning district, 1,800 square feet, it was the adj2cent subdivisions of Lake Eden Plat 4 and Mission Hill on which this project was reviewed for conformity and compatibility. With respect to living area, the 2,400 square feet minimu;;:, and 2,600 square feet minimum average requirements were established by the City Commission, To evaluate the compatibility of this request with adjacent neighoorhoods, staff ....oUeete:: current data on dwelling unit sizes for the four (4) adjacent neighborhoods that are nearest to tne subject project. As a source for this data, staff used the ISC computer data base WhlC~ is acquired through membership dues paid annually by the City, Samples of data wer:' c: ilected on single family homes within the subdivisions located to the east (Barrett Heights, DeDonaire Estates, Gulfstream Estates, Plat 2), north (Mission Hill), west (Lake Eden Plat 4) ana s:>uth (various parcels within Delray Beach) of the HilLs at Lake Eden PUD. From the data D2se, staff utilized the field (data) labeled "living area", which staff assumf'S to be comparable to :ne "under air" measurement on which this project is being designed and evaluated, The lowes", c"erage unit sizes were found to the east and south. The average unit size to the south, gene:-:.::ed from a sample of four (4) homes, is 1,459 square feet. The largest unit totals 1,943 squarE.-set. The average unit size to the east is 1,641 square feet. which sample of 13 homes was iet :," a 2,337 square foot unit. Dwelling unit sizes to the north further increased to an avej'=.;:~ )f 2,268 .3 REZN 98-001 Page 4 square feet, and from a sample of the nearest 15 homes, the largest unit contained 4,071 square feet. A sample of 31 homes from the west generated an average unit size of 2,563 square feet, which sample was led by a 3,615 square foot dwelling unit (the 31 homes were those located generally the nearest to the subject PUD, and excluded those larger, distant properties located as to have lake frontage as well as canal frontage), It should be noted that the neighborhoods to the north and west contain units that range as low as 1,494 square feet and 1,883 square feet, respectively, Compared with housing data collected on homes to the west of this project, the smallest home allowed in the Hills at Lake Eden PUD project, if this request was granted, would exceed the size of the smallest home in the sample taken from the west by 367 square feet. Furthermore, the average home size within the subject PUD would be no more than 113 square feet less than the average home size observed in the Lake Eden Subdivision to the west. With respect to changes to minimum setbacks for pools and screen enclosures (on selected lots), staff estimates that the adjacent neighborhoods to the west and north contain rear setbacks for pools or screen enclosures that range between 10 feet and 40 feet. This significant range is a factor of the existence of canal easements within Lake Eden Plat 4, which adds to lot depth, and the city's minimum rear setback requirement for conventional residential zoning districts of 8 feet. The original purpose for this more restrictive minimum rear setback (the minimum setbacks for the remaining lots are 5 feet and 10 feet) on lots #1 through #8 and #17 through #25 is based on the proximity of those lots to Seacrest Boulevard and Swinton Avenue. As these lots back up to these two rights-of-way I the applicant had established a rear setback that was more similar to a front setback than the 8 foot rear setback required by city regulations for pools and screen enclosures in order provide a buffer zone between the right-of-way and the backs of the homes. The request would reduce this minimum setback from 25 feet to 20 feet (to the edge of the buffer area along the street), which would be 5 feet less than the required front setback, and 5 feet greater than the required rear setback for structures within the R-1-AAB zoning district. Lastly, the applicant requests to reduce the side building setback on lots #1 through #8 from 10 feet to 7 % feet. Whereas the original setback was established based on similarity with the side setback required within the original and adjacent R-1-AAB zoning district, the requested setback of 7 % feet is the same side setback provided on the remaining 48 lots. Again, this 2 % foot reduction in side setback would increase the number of models that would fit on these eight lots with pools and screen enclosures, from one model to three models, RECOMMENDATION Staff has evaluated this request using applicable city regulations, based on compatibility wit,l adjacent properties, and considering the original intent of the conditions placed on this master plan by the City Commission when approved in 1996. Staff recommends that the rezoning request submitted by Kennedy Homes, Ltd., for the Hills at Lake Eden PUD, be approved unconditionally (see Exhibit "0-), based, in part, on the following general points that summarize the impact of the proposed changes to unit size and setback requi:ements: 1) There will likely be no impact on adjacent properties from the change in the minimum unit size of 150 square feet (from 2,400 square feet to 2,250 square feet), as this change would not produce a noticeable difference in the PUO, and since approximately one-third of the sample of homes evaluated from the adjacent Lake Eden subdivision are less than 2,250 square feet; r , ~~)) REZN 98-001 Page 5 2) There will likely be no impact on adjacent properties from the change in the minimum unit size of 150 square feet (from 2,400 square feet to 2,250 square feet), as this change would not produce a noticeable difference in the PUD, and since approximately one-third of the sample of homes evaluated from the adjacent Lake Eden subdivision are less than 2,250 square feet 113 square feet greater than the proposed minimum Clverage; . ~ 3) While the proposed change would allow the smallest units to be 2,250 square feet, or less than the original average size of 2,400 square feet, nearly an equal numbe, of units will be in excess of 2,300 square feet in order to maintain the required minimum average size; 4) The change in minimum unit size to 2,250 square feet still exceeds, by 450 square feet, the minimum unit size permitted in the original, and adjacent zoning district R-i-AAB, Single Family Residential; and 5) To accommodate pools and screen enclosure features in this PUD would increase the.. ) ultimate proiect property values and therefore further the intent to maximize its compatibility with the adiacent properties within the adiacent Lake Eden Subdivision. 6) The effects or benefits of granting the changes in setbacks (e.g, diversity in home types, more aesthetic streetscape, greater land values) would be preferable over the effects of these requirements on the PUD, which include a predominance of two-story units along the visible perimeter of the development, and the lack of pools and screen enclosures which would otherwise produce a more valuable residential development (this coint is based on the assumption that the units could not be altered in a preferable way :hat would allow each unit to fit onto each lot and meet both unit size and all settla::L requirements ). , .. ')' ." 7) Given the conflict between the buildina setbacks and the minimum livina area reauirement, the chanaes reauested represent a preferable compromise to saridYina the intent of both area and setback restrictions to maximize the compatibility of ti7i: 'Jroiect with adiacent properties. Attachments S.\PlannongISHAREDIWPlPROJECTS\HlllEDENlREZN 98-001\SWIlRepcrt.doc: - ...:::J EXHIBIT "A" LOCATION MAP ~ ~., LOCATION MAP HILLS OF LAKE EDEr~ . ......----~." , 'r l' ~A:; .";; t~ . , -I' 'UJ'- .. , . , '-"'; ----.J .- I. -:/ ~~ I ," -(,,&,-=~ r ~~-,~, "" -.. . .,; :, -. ~ ' . . r " ,~.,,~~..:- ~.. .J., : ., l , ?(- ;::""l-.;-; I 4- 1.9". " '\ ~." , l.' '.' / ),. , \1 .' --'4 \1 " i :' q Ull i1 " II R E C ~~ NOT .. IN ,: ~ .' CITY ,~' , "'. -. ~ I l;j ~~. -. i I J 1:'1 ; f---i."H l.; '.fl- I. if ../. .. ~I"J". II ,~. I :- -L....-- - I ~ i' -'" T---:iITIO / -1.:'--\ ; : ,.-lLU ~ .. I:' r'. - '~--;o-_:- -- '" I ill.' ! J" " 1 L.-; ~ ' ,:3) J , --===- -=.==..:.. ' : <J . I f I~ , /; .... q. 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EXHIBIT "C" TABLE 1 - IMPACT OF DEVELOPMENT RESTRICTIONS ON PROPOSED MODELS .. " ) . -'ill :'1 .~ /Q HILLS AT LAKE EDEN PUD REZN 98-001 TABLE 1: IMPACT OF DEVELOPMENT RESTRICTIONS ON PROPOSED MODELS (The "X" indicates whae a model could be constructed, given the setback restrictions on pools/rcrun enclosures. For example. on 1,)[ Itl. of block #1, the "Birch" model can only fit without a pool. and the "Oak" model canfit with or withouI a pool. The underiined lot numbers represent those lots to be affected I7y the proposed setback changes.) :\lodel Name> > > > > > > "Birch" "Cvpress" "l\taple" .'Oak" :\lodel Size (sq.ft) > > > > > 2.400 2,333 2,251 2.868 :\lodel Type> > > > > > > > conventIonal I.storv - conventIonal I-story courtYard ~unv~nuonal 2-storv Lot No, no pool with pool no pool with pool no pool with pool no pool with pool Block #1- 1 X X X X X 2 X X X X X J X X X X X :1 X X X X X .s. X X X X X fi X X X X X 1 X X X X X & X X X X X 2 X X X X X X X X 10 X X X X X X II X X X X X X 12 X X X X X X 13 X X X X X X 14 X X X X X X 15 X X X X X X 16 X X X X X X 11 X X X X X X X X lii X X X X X 12 X X X X X 2Q X X X X X 21 X X X X X II X X 'X X X 2J X X X X X :M X X X X X 2.5. X X X X - X X X X 26 X X X 27 X X X 28 X X " ,'. 29 X X X X X X -- X ... 30 X X X X ;~ X 31 X X X . X X X 32 X X X X ., X 33 X X X X X X 34 X X X X X X 3S X X X X X X 36 X X X X X X 37 X X X X ,- X 38 X X X X v X 39 X X X X " X 40 X X X X v X ..... 41 X X X X ,. X -, 42 X X X X " X .. 43 X X X X .. X 44 X X X X -- X .. /' Cant. TABLE 1: IMPACT OF DEVELOPMENT RESTRICTIONS ON PROPOSED MODELS ,. '\ '! Model Name > > > > > > > "Birch" "Cvoress" "MaDle" "Oaklt :\Iodel Size (sq.ft) > > > > > 2,400 2,333 2,251 2,868 :\Iodel Type > > > > > > > conventional I-storv conventional I-storv .- . , co'urtvard conventional 2-storv Lot No, no pool with pool no pool with pool no pool with pool no pool with pool Block #2- I X X X X X X 2 X X X X X X 3 X X X X X X 4 X X X X X X 5 X X X X X X 6 X X X X X X 7 X X X X X X 8 X X X X X X 9 X X X X X X 10 X X X X X X 11 X X X X X X 12 X X X X X X /2 EXHIBIT "0" CONDITIONS OF APPROVAL IJ