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APPLICATION -~._..." -'-'.- . .. -- -- ._.__ ~ ~ '~~'.~""'''''4:II.:o~....,...,;,.~;Jlllli:.~_'_"' " ~ -, 'f MINUTES CITY COMMISSION MEETING BOY~TON BEACH, FLORIDA FEBRUARY 20, 1996 B. Project: Agent: Applicant: Location: Description: Charter Drive North - Parcels A and B Stuart H. Cunningham, P.E. and P.L.S. Hunters Run Golf and Racquet Club, Inc. Western terminus of Charter Drive North Abandonment - Request to abandon a portion of Charter Drive North. legally described as Parcels A and B The applicant was not present. Ms. Heyden advised that staff had recommended denial of this request due to the access issue. The same comments she mentioned with regard to Parcel C apply to this item as well. She recommended approval subject to the applicant satisfying the condi tions in comment 1 only of Exhibit "C". No one in the audience wished to address this item. Motion Mayor Pro Tern Matson moved to abandon a portion of Charter Drive North, legally described as Parcels A and B. the western terminus of Charter Drive North, for Hunters Run Golf and Racquet Club. Inc.. subject to staff comment number 1 of Exhibit "C" (the FPL and Southern Bell easements), Commissioner Jaskiewicz seconded the motion, which carried 4-0. C, Project: Hills ~Lake Eden PUD................................................... TABLED Agent: Burlison A. Gentry - Gentry Engineering and Land Surveying, Inc. Owner: Newport Properties, Inc. Location: Northwest corner ofS.E. 36th Avenue and Seacrest Boulevard Description: Rezoning - Request for master plan approval to construct 56 single-family detached homes on 14.45 acres of land in connection with a rezoning from R-l-AAB (single-family residential) to Planned Unit Development with a land use intensity of 5 (PUD with LUI=5) Motion Mayor Pro Tern Matson moved to take this item off the table. Vice Mayor Bradley seconded the motion. which carried 4-0, \1r. Gentry stated that this is a proposal to rezone the subject property to PUD with a Land Use Intensity of 5. The current future land use classification will remain low density residential 12 PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-677 TO: Bill Hukill Director Department of Development FROM: Michael E. Haag Current Planning Coordinator Tambri J. Heyden, AICP 1?;-II Planning and Zoning Director THRU: DATE: December 18, 1996 SUBJECT: HILLS AT LAKE EDEN Accompanying this memorandum you will find documents for your departmental records regarding the master plan that has received final sign-off, PROJECT NAME: HILLS AT LAKE EDEN Type of Application: REZONING Planning and Zoning Department File No,: REZN 95-002 Control Plans (Rectified Master Plan): 1 Sheet of 1 City Commission Approval: 2-20-96 Meeting Minutes and Conditions of Approval Attached to Ordinance 96-08 Rectified Master Plan sent to Applicant: 12/18/96 MEH:T JH:bme Attachments D:\SHARE\PROJECTSIHILLEDENI TrsmtPln. WPD PLANNING AND ZONING DEPARTMENT MEMORANDUM #95-579 TO: FROM: Sue Kruse city clerk Michael Rump~ Senior Planner DATE: October 9, 1995 RE: HILLS OF LAKE EDEN (REZN 95-003) REZONE FROM R-1-AAB to PUD APPLICATION AND NOTIFICATION TO PROPERTY OWNERS Accompanying this memorandum you will find for your files the application and related documents for the above-reference rezoning application. Please notify property owners (within 400 feet) in accordance with public hearings scheduled for November 14th and November 21st. With respect to the newspaper ad, since this application is only for rezoning, and not an amendment to the comprehensive plan, the ad need not include a map nor be a minimum of one-quarter page in size. Let me know when the ad dates and deadline are established and I will generate an appropriate advertisement. Thank you. HISel[: EDI!:I/AD. SUE \ Board of County Commissioners Ken 1. Foster, Chairman Burt Aaronson, Vice Chairman Karen T, Marcus Carol A. Roberts Warren H, Newell Mary McCarty Maude Ford Lee /<-" 00 July 18, 1995 Mr. William Hukill, P.E., Director Boynton Beach Department of Development 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 RE: HILLS AT LAKE EDEN Dear Mr. Hukill: rn @ rn u \~ L~., 1"; ,'i " County Administrator Robert Weisman J.l 2 4 1995 ., i i li, L) \ Deparbnent of Engineering I and Public Works ~ (]{! ~ tf11f Ir'-~(,c:: PLANNING AND ZONING DEPT. ill If .~ m D \l7 ~ WI.."! ., /IIMI: U, v-__ _ ~ ENGINEERING The Palm Beach County Traffic Division has reviewed the traffic impact study for the project entitled Hills at Lake Eden, pursuant to the Traffic Performance Standards in Article 7.9 of the Palm Beach County Land Development Code. The proposed project will consist of a 62 single-family dwelling units. The build- out is 1996. The proposed project will generate an increase of 620 daily trips. The Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. If you have any questions regarding this determination, please contact me at 684-4030. Sincerely, OFFICE OF THE COUNTY ENGINEER D~~be~~ Senior Registered Civil Engineer File: TPS - Mun. - Traffic Study Review g:\user\dweisber\wp50\tps\boyn42b @ printed on recycled paper "An Equal Opportunity - Affirmative Action Employer" Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000 Gentry Engineering and land Surveying, Inc. P ,0, 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 Ap r i I 2, 1996 ill rnoornowrn ill A-2m; PJ;ANNING AND ONING DEPt Ms. Tambri Heyden Director oT Planning and Zoning City oT Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Fl. 33425-0310 Re: Hills at Lake Eden, P.U.D. Dear Tambri, Following our previous conversation, we are enclosing herein our petition to modiTY the previously approved Planned Unit Development rezoning Tor the project known as the Hills at Lake Eden. As you and I discussed, the developer is in agreement to provide satisTaction oT all conditions oT approval with the exception oT the agreed minimum square Tootage oT 2,400 S.F. under air, the developer wishes to maintain the previously existing zoning condition oT 1,800 S.F. under air minimum. The second condition that covered the average square Tootage under ~ir oT 2,600 S.F., the developer is proposing an average square Tootage oT 2,400 S.F. under air. As we have discussed, the developer has consulted with realtors, marketing consultants and local land developers and he has been advised that with the inTluence oT the surrounding area that the originally agreed upon condition, as previously discussed would be Page 2 signi~icantly above the market value ~or this area and the homes would be very di~~icult, i~ not impossible to sell at the price range o~ typical homes o~ this size. The developer believes that the home sizes requested would allow him to graduate between the areas o~ Seacrest Boulevard and Swinton Avenue and develop home sites which would still be very attractive, but would allow the developer to build home sites within a marketable price range ~or this area. We appreciate i~ you would place this on the City Council agenda ~ollowing the advertising ~or the Public Hearing. I~ you should have any questions regarding the above, please contact me. Sincerely, INC. BAG;skm c.c. Frank Pinto ! t PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-652 FROM: William Hukill Department of Development Director Tambri J . Heyden. /91J Planning and Zoning Director TO: DATE: November 9, 1995 SUBJECT: Engineering Division Memorandum No. 95-429 Hills of Lake Eden - master plan fee refund and master plan approval by Commission please recall that the $1,000 master plan fee paid to your office by the above-referenced applicant was for subdivision master plan approval for the property under conventional zoning. Staff conducted one review and therefore incurred cost to review this submittal. A refund of this fee by your department is within your discretion, however I can tell you that my department does not refund fees if the applicant has progressed far enough into the process such that departments, other than mine, have been involved in the review. I cannot refund the second fee that was paid because this covered review of a brand new application (rezoning), which also required a master plan to be submitted. Incidentally, there have been more than the customary two reviews of the master plan submitted under the rezoning. Therefore, if I had to calculate the city's cost to review and advertise this rezoning/master plan approval I am confident that the $1,500 collected would not cover our cost. I can offer you one more suggestion if you still feel the above is not fair. Since the fee schedule allows the pre-application plat fee (even though no pre-application was filed) to be credited to the plat fee, you could hold the $1,000 fee you collected and apply it to what they would owe when they submit for platting. Regarding your concern about the LDR omission of a reference within the master plan section to Commission approval of master plans, I still believe that LDR Chapter 1.5, Section 6 covers this to include Commission approval as the final authority to all Planning and Development Board decisions. Please realize that the current master plan is not affected by this omission and should not be confused with a subdivision master plan because the current master plan is a rezoning having its own procedure set forth in the PUD regulations and zoning code. TJH:dim XC: Carrie Parker Jim Cherof Swann Grady Central File .,Retund,l"ee.H:I.l ..---------------------. ,(3' . 1. We will have lots with a little less frontage but with more depth. 2. We will create a completely gated community without having any lots on Seacrest Boulevard or on Swinton Avenue. 3. We eliminate any lots being back-to-back. 4. A completely gated community will give the residents of the complex greater security, will maintain the property values in the neighborhood west of Swinton, and will create the aura that should go with the topography of a site such as this. 5. From an architectural point of view, the additional depth of the lots gives us greater flexibility keeping in mind that we are not asking for any change in the square footage of the 1800 square foot living area. r. 6. There is an economic issue that we have to address. Primarily, the cost of a house with an 1800 square foot living area with a price that is consistent with the neigh- borhood. 7. We resolve the environmental issues better with this plan. 8. The new plan addresses the topography of the property which is necessary to accommodate the different types of homes we plan to build. IT IS VITAL THAT WE MAINTAIN THE TOPOGRAPHY OF THIS SITE AS IT IS UNIQUE TO THE AREA. 9. The PUD plan we propose is 4.0 units per acre and is therefore consistent with the present zoning of 4.84 units per acre and the LUI of 5 units per acre. Our plan gives us greater flexibility in building a more pleasing community for its new residents. Se C\tON][ j . DATE . . . . . . . . . I /~- -,,;. HILLS OF LAKE EDEN ENVIRONMENTAL QUESTIONS COMMENT /TOPICIDISCUSSION 6/09/95 *explained necessity with applicant for: 25% preserve set aside flora/fauna survey tree survey permit for protected plant/animals relocation of existing vegetation 6/28/95 *clearinglgrubbing permit for "clearing path through underbrush to facilitate tree count" (tree survey) 7/12/95 *letter from Stella Rossi (clearing beyond permit recorded) 7/14/95 *Florida Game & Fresh Water Fish Commission contact surveying company (Burl Gentry Engineering) 7/17/95 *Burl Gentry Engineering responds to letter form Stella Rossi (7/12/95) 7/18/95 *Minutes City Commission - Stella Rossi 7/25/95 *F1orida Game & Fresh Water Fish Commission sent me list of "approved" consultants (Cheryl Carpenter, C&N Environmental Consultants) 7/31/95 *Memo to outline permit to "clear survey lines only" 8/02/95 *Letter to Burl Gentry Engineering again outlining requirements for: .permit/removal of all gopher tortoises .flora/fauna survey .25% preserve set-a-side .survey lines completed differently . tree survey .environmental assessment . 8/02/95 *Building Official summary of clearing/grubbing violation . 8/09/95 *Summary for City Attorney letter to developer per "violation" . 8/09/95 * Applicant surveying company responds to City letter of August 2, 1995 . 8/31/95 *Environmental assessment completed .4.0 acres of upland areas remain undisturbed .11.0 acres, cleared in part .4 gopher tortoises found/relocated .recommends 25% preserve near top of ridges (2) . 9/11/95 *4 gopher tortoises relocated off site through permit . 9/11/95 *Letter from applicant surveying company: .Includes landscape buffer acreages with preservation areas in total of 2.22 acres. This is not accurate. . 9/27/95 * Applicant letter requesting approval of preserve (2) locations . 10/09/95 *Letter from Cheryl Carpenter suggesting (again) highest quality scrub vegetation occurs on ridge(s) . 11/08/95 *Preservation Area Management Plan completed .areas protected during clearing .mechanical management of areas (rubber tire, chainsaws, chemical) .replanting container native plants .quarterly monitoring for 1 year .no water discharge into areas .removal of existing debris .3 I wide sod strip along back of houses up to areas .slgnage: preserve area .fencing? detrimental? .temporary irrigation system inside preserve areas .preserve areas (2) shown and 3 "landscape buffer" areas .report uses the word preservation area to include areas "e" and "0" only; survey company includes areas "A", "B" and "E" (landscape buffers) for total of 2.22 acres). (This one is in error!). . . KH/ad 11/08/95 *Memo sumaty applicant completed all environmental reports as required by City .4.2 acres of viable scrub .25% of 4.2 acres = 1.05 acres as preserve areas (2) .areas recommended by environmental assessment to be located near "top of ridges" (2) .2 preserve areas: "C" = .70 acres "D" = M acres 1.31 acres ."A", "B", "E" = .91 acres total (landscape buffer areas) .2.22 acres = 1.31 acres + .91 acres .entire site (15) acres) origionally designated a "C" quality scrub vegetation, not "A" rated site 11/16/95 * Staff discussion memo .both sites are "C" quality . "C" is a poor example .survey is number of acres comprising ~ site .City comprehensive plan, "C" sites allow for micro preserves .site is !1Qt an "A" quality area, different parameters 03:42 PM C+t ~V CONSULTANTS .17"" A- " INC 4077 ,"-.'. 2 8 8 7 P.01 AUG-28-95 MON ~ll__ II HILLS OF LAKE EDEN ENVIRONMENT AL ASSESSMENT AUGUST 1995 PREPARED FOR: MR. FRANK PINTO Prepared By: C&N Environmental Consultants, Inc. 222 South U.S. Highway 1, Suite 201 Tequesta, Florida 33469 (407) 744~7420 !! HILLS OF LAKE EDEN ENVIRONMENTAL ASSESSMENT 1.0 INTRODUCTION An environmental assessment including gopher tortoise burrow and listed species sur ley was conducted on an + 15 acre parcel designated as Hills of Lake Eden on August 7, 19~;5 for the purpose of identifying potential environmental features and concerns within the pw')osed development site. The property is located in Sections 4 and 5, Township 46 South, Ra:rlge 43 East, Palm Beach County, Florida (Figure 1). The field survey was conducted to: * Characterize upland and exotic vegetative communities on site; >I< Identify the presence of any state, federal, or locally listed species or their habitat on the site; * Evaluate development feasibility for any environmentally sensitive areas which may occur on the parcel; * Identify potential hazardous waste areas; * Identify impacts due to surrounding land use. Data collected during the survey will be used to target specific areas or species for futme protection and to delineate areas or habitat which may require preservation. This aSS(:'lsment was conducted to provide compliance with the City of Boynton Beach's Vegetation and Environmentally Sensitive Lands Ordinance (Chapter 7.S, Article IV) and, ther~fore, compatible with the definitions and provisions set forth therein. 2.0 SITE DESCRIPTION A. Site Location The Hills of Lake Eden development site is located between Seacrest Bou ,evard and Swinton Avenue along the southern boundary of the City of Boynton Beach, Florida (Figure 1). The site is bordered on the north by St. Joseph's Elementary School and On tIRe east and west by residential develppments. Lake View Baptist Church is located south of tl.,e parcel. The site is surrounded by development and has been significantly impacted by exot c infestation and human disturbance. The center of the site, although containing num ;~rous native scrub species, suffers from the lack of habitat management. The site is cum:ntly functioning as a refuge for wildlife species displaced by development. The site is llotilentified on Palm Beach County Environmentally Sensitive lands Map. r".(>,r. Environmental Consultants, Inc. 1 August 28. 1995 HILLS OF LAKE EDEN PIGURE 1: DONOR SITE LOCATION MAP 2 ~~:,.;.,~.;;/,..,.,:~:.'".:... . iii'~~I,~",,"t."'!':;"'''~''\'.' . - -----~- -----------.. ---- ----- -------- ---------- ------------------------ --------- --- ------.. ---- -- - - -- - - -- B. Soils Soils include St. Lucie sand and Myakka sand. A little more than half of the we! tern portion of this site overlies St. Lucie sand. The Palm Beach county Soil Surv~y sta-I;~s that this soil is nearly level to sloping, excessively drained. deep and sandy and IS loc;lited on long narrow, dune-like coastal ridges. The water table is below a depth of 6 feet, and building development has few or no limitations. The soil on the eastern portion of the site: is Myakka sand, which is typical of pine flatwoods. The Palm Beach County Soil SUJ:'lrcy states that Myakka sand is a nearly level, poorly drained, deep, sandy soiL It is in brcl!ld, flat wood areas and the water table is within 10" of the surface two to four months in mo;t years, 10" to 40" for six months in most years. and recedes to below 40" during exttmded dry periods (Figure 2). A ridge occurs north-south through the approximate canter of I he parcel. A clear ectone occurs from east to west as the vegetative character reflects the change in the underlying soil profile. C. Vegetative Communities 1. 411 ~ Disturbed Scrubby Flatwoods (4.0 acres) The upland community is the only area of the site which has not been pre liously cleared of native vegetation (Figure 3). The canopy is dominated by slash pine (Pi, ,IUS elliotti var. densa) which is generally open. Other canopy species include sand pine. scwb live oak (Quercus geminata, Q. myrtifolia, Q. chapmanil). silkbay (Persea humilis), an,1 Brazilian pepper (Schinus terebinthifolius). The community transitions from the east up the ridge from flatwoods to scrub. Historically, the ridge canopy was mostly sand pine but hur Ian disturbance and clearing activities have resulted in a loss of most of the sand pine. OUI large sand pine still exists and several small recruits were observed nearby (Photo 4). Understory species include saw palmetto (SerelWa repens). cabbage palm (Sabal palinetto). lovevine (Cassythafiliformis). rusty Iyonia ~yoniaferruginea), tarflower (Befaria rac.:~mosa). tallowwood (Ximenia americana). pawpaw (Asimina reticulala), and pennyroyal (Piioblephis rigia). Ground cover species include gopher apple (Licania michau.:rii), prickly pea." cactus (Opuntia compressa), shiny blueberry (Vaccinium myrsinites). reindeer moss (Cl'i~dina sp.), wiregrass (Aristida stricta), golden aster (Heterotheca subaxillaris), palafoxia (PG~ ''afoxia feayO, beautyberry (Callicarpa american a) , and silkgrass (Pityopsis graminifolia). .Wild grape (Vitis sp.), earleaf acacia (Acacia sp.), areca palm (Chrysalidocarpus sp.), mill :!osa (A/bizla julibrissin), and mango (Mangifera indica) also occur in areas of former dis1. lrbance near the edges of this community. With management, much of this area could be restored to optimal conditions. Lack of fife and other associated management has resulted in areas overgrown with wild grape and exo ic vegetation. C&>~ Environmental Consultants. Inc. 3 August 28, 1995 - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - HILLS OF LAKE EDEN II i:.~~ " !' FIGURE 2: DONOR SITE SOIL MAP 4 -------------------.------------------------------ Inset Figure 3 C&N EnvirOllmellraJ ConSUltants, IlIc. 5 '", """,' """,,' --" -- "", "","" --"" --"" "" --,,-- """," --", -- . -r-..:.;. i=::=: 7 August 28, 1995 All gopher tortoise burrows were located in this community. The small cabbage pa illS were initially considered to be scrub palmetto (Sabal etonia), but on close re:1 amination, the fruit were determined to be too small and measured approximately 5-8mm im I:ead of 10mm or greater for the scrub palmetto. 2. Disturbed/Previously Cleared (+ /-11.0 acres} Investigation of aerial photographs from 1965 to present indicate that apr ifoximately two-thirds of the site has been cleared of native vegetation at various times. Th"ise areas include the southern and western portions of the parcel (Figure 3). The eastern 151:i-200 feet of the parcel was recently cleared of all understory vegetation. The slash pine cal:Opy remains intact. The property was likely used for landscape nursery operations as ioo,lcated by the dense forest of swiniam cherry (Eugenia uniflora) on the south portion of the site and exotic landscape vegetation such as schefflera (Brassia actinophylla), mango, royal poi lciana (De/onix regia), ficus (Ficus benjamina), areca palm, mimosa, castor bean (Ricinus communis), and other nursery vegetation. Brazilian pepper dominates large areas on the south and western portions of the parcel as "lrelJ as most of the perimeter of the site. Scrub species occur sporadically, but are out- con Ipeted by exotic vegetation. The remaining saw palmetto are overgrown with wild grape and Brazil ian pepper. D. Wildlife Use Wildlife known to occur on this parcel include several species of mammals and bird'; such as raccoon (Procyon lOlor), cottontail rabbit (Sylvilagus floridanus), opossum (Di.:'elphis marsupialis), gray squirrel (Seivrus carolinensis), mourning dove (Zenaida mac'"oura), common flicker (Colaptes auratus), and mocking bird (Mimus polyglottos), Gopller tortoise (Gopherus polyphemus) were observed on the parcel and commensal species cou:!:1 occur. 3.0 LISTED SPECIES SURVEY A list of potentially occurring state and federally protected species was compiled prior to n ~ld survey to develop specific survey methodology to accurately determine the presence or s:i Ie utilization of protected species (Tables 1 and 2). Plant and animal species determined to hi: endangered, threatened, or of special concern by the U.S. Fish and Wildlife Service (US] :'WS) and Florida Game and Fresh Water Fish Commission (FGFWFC) were evaluated for t: Ie potential of occurrence on the Hills of Lake Eden parcel based upon known or expe,~ted population distribution and range, preferred habitat types, and documented occu 'rence. A listed species field survey was conducted throughout the parcel in an effort to obsel ve any sign of site utilization of protected species. C&N Environmental Consultants, Inc. 6 August 28, 1995 TAFLE 1. LISTED WILDLIFE SPECIES POTENTIALLY OCCURRING ON THE. HILLS OF LAKE EDEN PARCEL. .C9.!LmOn Name Scientific Name FGFWFC USFWS Occurrence Eas-t ~rn indigo snake DrY111archoTl corais couperi T T Possible Gop iler tortoise Gopherus polyphemus sse UR2 Observed Flot Ida pine snake Pituophis metanoleucus SSC UR2 Unlikely Flol Ida mouse Podomys floridanus sse UR2 Possible Gor her frog Rana areolata aesopus sse UR2 Possible SOli iheastern kestral Falco sparverius paulus T C2 Unlikely Red ..cockaded woodpecker Picoldes broealis T E U nlikel y ShE:"man's fox sq\lirrel Sciurus niger shermalli sse C2 Unlikely Flo' 'ida scrub jay Aphelocoma coerulescens T T Unlikely E =: Endangered T =: Threatened sse = Species of special concern UIU= Under review for listing C2 :~A candidate for Federal listing FG ?WFC == Florida Game and Fresh Water Fish Commission US::WS=United States Fish and Wildlife Service 7 TAHlE 2. LISTED PLANT SPECIES POTENTIALLY OCCURRING ON THE HILLS OF LAKE EDEN PARCEL. COlllmon Name Scientific Name FDA USFWS Occurrence Curdss milkweed Asclepias curtissii E Unlikely/Not observed FoUl petal pawpaw Asimina tetramera E E Unlikely/Not observed Scrd> mint Conradina grandiflora E C2 Not observed Pricdy pear cactus Opuntia compressa T Present Nodding pinweed Lechea cernua E C2 Unlikely/Not observed Scn tb palmetto Sabal etonia T Possible/Not observed Will pine Tillandsia spp. T Present E::: Endangered T =: Threatened SSI:: = Species of special concern U IU = Under review for listing FD,\=Florida Department of Agriculture and Consumer Services US FWS=United States Fish and Wildlife Service 8 ---------------------------------------------.- \Veather conditions during the survey varied from rainy to sunny. Temperatures were mo i,tly in the high eighties to low nineties and wind speeds ranged from 5 to 10 mph. Sur "ley hours varied throughout the day. Early morning surveys were conducted to document bird utilization and late;afternoon surveys facilitated observations for mammalian spe: .:ies. 4.0 SURVEY METHODOLOGY A systematic gopher tortoise burrow and listed species survey was conducted on the HiJ s of Lake Eden parcel in an effort to identify gopher tortoise burrow density and lociltions of other protected species. Biocommunities were identified by photo-interpretation of ., .erial photographs (1" =200') and ground-truthing was conducted to verify the vegetative spel"~ies composition and layer strata of each community. Each community was evaluated as to '"abitat quality and utilization by listed species. Random transects were established approximately 10 to 30 meters apart throughout the parcel depending on habitat type and quality. All burrows located within each transect would be mapped according to location and acti Idty status on an aerial photograph (1" =200') of the parcel. Locations or signs of site util zation of listed species were also mapped during the survey. Burrow activity status was determined according to criteria by Auffenberg and Franz (19:;:2) recommended by the FGFWFC in I'Guidelines for Gopher Tortoise Relocation\ Fcbmary I, 1988. Active burrows show signs of recent activity such as tracks, fresh dig!.ing, or scat. Inactive burrows show no signs of recent activity and may have scattered leal: debris on the mound. Abandoned burrows have leaf litter and sometimes cobwebs in the burrow mouth or are partially caved-in. During the listed species survey, a search was conducted by observation for Florida mOl. se (Podomys floridanus) , gopher frog (Rana areolata aesopus), eastern indigo snake (D,>mal'chon corais coupen), Florida pine snake (Pituophis melaleucus mugitus), red- cocl:aded woodpecker (Picoides borealis), Sherman's fox squirrel (Sciurus niger shermam), as \"ell as floral protected species. 5.0 SURVEY RESULTS A total of 7 active and inactive burrows were located on the Hills of Lake Eden pared during the August 7, 1995 survey (Figure 3). Five burrows showed signs of recent acti'l'ity and were determined to be active, two burrows appeared inactive; and one was abar doned. With the aid of the infrared video probe, four tortoises were observed inside the burr )ws designated as active. No tortoises were found in the burrows designated as inactive or a. :.andoned. ' C&l' r Environmental Consultants, Inc. 9 August 28, 1995 -------------------------------------------------------------------------- HUI~-.~:=i- :;0._, 6.0 HABITAT EVALUATION Other listed species observed during survey include prickly pear cactus (Opuntia conpressa) and wild pine (Tillandsia spp.). The cactus is presently listed as threatened by the Florida Department of Agriculture. Numerous wild pines (bromeliads) were observed thn:ughout the scrubby flatwoods habitat on site. It should be noted that 581.185 generically desi:~oates most of the State's native species of bromeliads, ferns, and orchids as thre~tened. Table 1.1 contains listed plant species potentially occurring 011 the Hills of Lake Eden dev :~lopment site. No other plant or animal species listed by the State of Florida or the USFWS were obsl::rved utilizing the project site. Table 1.2 includes the listed animal species observed on the \;ite and other species which could possibly occur as a commensal species of the gopher tor1 )ise. 7.0 DEVELOPMENTAL CONSIDERATIONS No serious environmental issues precluding the development of the Hills of Lake Eden development site were observed. However, preservation of 25 percent of existing natll/e habitat will be required by the City of Boynton Beach (Environmental Ordinance Chl'pter 7.5, Article IV). Approximately four (4) acres of Environmentally Sensitive Land oce' .Irs 00 the Hills of Lake Eden parcel. In accordance with the City's ordinance, app "oximately one (1) acre of scrubby flatwood habitat will require preservation. C&N rec,: Immends locating the preservation near the top of the ridges to maintain the scrub eon Iponeot of the vegetative structure which has higher potential for the occurrence of pro' ected species. Much of the flatwood vegetation could be relocated to the buffers which are located at lower elevations. . The gopher tortoise population has been permitted for off-site relocation to the Big Cy\: cess Gopher Tortoise Re-stocking Area in Hendry County owned by the Seminole Tribe of Jnorida. The permit was issued August 28, 1995 by the FGFWFC. All commensal spedes are permitted to be relocated with the gopher tortoises. No wetland or other env ,roomentally sensitive areas occur on the parcel. C& 't,f Environmental Consultants, Inc. 10 August 28, 1995 ------.............~..~.:...,",::..._~-~ - - - - - - - - - - - - - - - - - .- -. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - AUG-28-95 N~H 03:41 PM C+N -~V CONSULT,AN_TS II INC - 4077"1 887 P.01 C&N ENVIRONMENTAL CONSULTANTS~ INC. 222 SOUTH 'US#l, SUITE 201 TEQUESTA, FLORIDA 33469 (407) 744-7420 (407) 744-2887 FAX TO: <;e~"'~ \=t,\~ JOB NO. O(S .l)~ ~ COM.i>ANY: G e~C'\'\~~ ~~, - \. ~ FAX NO. ~C'J~' ;:l ~ d. .'"\ '\~ \ - PHONE NO. FRO 'A: ~e'G.~ C.,",'CI:(~VL DATI:: 6. a<PJ'~~ TIME: ,,-~~~b NUMBER OF PAGES: \~ (INCLUDING COVER PAGE) COMMENTS: f\0.,. QI\\, +0 - -<L ~+- ~ ~\Jl.. ~ ~:.I-(?1vJtc ~ To.j9R~~ ~ tL1~ ! ,,' ~ --- fF ), OU HAVE ANY PROBLEMS WITH THIS FAX, PLEASE CALL: 407/744-7420 . " AFFIDAVIT STATE OF FLORIDA ) COUNTY OF PALM BEACH ) BEFORE ME THIS 21~ DAY OF JUNE 1995, APPEARED FRANK PINTO WHO BEING BY ME FIRST DULY SWORN DEPOSES AND SAYS; AFFIANT IS THE APPLICANT NAMED ON THE CITY OF BOYNTON BEACH, FLORIDA, PLANNING AND ZONING BOARD, REZONING APPLICATION FOR THE PROJECT KNOWN AS THE HILLS AT LAKE EDEN; AFFIANT FURTHER STATES THAT A COMPLETE LIST OF ALL PROPERTY OWNERS, MAILING ADDRESSES AND LEGAL DESCRIPTIONS FOR ALL PROPERTIES WITHIN 400 FEET OF THE SUBJECT PARCEL AS RECORDED IN THE LATEST OFFICIAL TAX ROLLS IN THE COUNTY COURTHOUSE, WAS PREPARED BY THE PALM BEACH COUNTY PROPERTY APPRAISER'S OFFICE AND THAT SAID LIST, TO THE BEST OF THE AFFIANT'S KNOWLEDGE, IS COMPLETE AND ACCURATE, PURSUANT TO THE REQUIREMENTS OF THE AFOREMENTIONED APPLICATION; ~. FURTHER AFFIANT SAYETH NAUGHT. c::::::::.- FRA K PINTO SWORN TO AND SUBSCRIBED BEFORE ME THIS 27~ DAY OF JUNE, 1995, BY FRANK PINTO, WHO IS PERSONALLY KNOWN TO ME. ~ #a:t~ NOTARY PUBLIC, ~TATE OF FLORIDA SUSAN I~AY MORGt\N "omr.1 No CC 3G:!Jfi 1 v.., " '. _ 'y!~o3 ["iy CJmm. F-.:p_ f\,Jr. _'J, .--'- [;onded lhru Piehard Ins. P,geney CITY OF BOYNTON BEACH, FLORIDA PLANNING & ZONING BOARD LAND USE AMENDMENT AND/OR REZONING APPLICATION This application must be filled out completely and accurately and submitted, together with the materials listed in Section II below, in two (2) copies to the Planning Department. Incomplete applications will not be processed. Please Print Legibly or Type All Information. I. GENERAL INFORMATION 1. Proj ect Name: The Hills at Lake Eden 2. ~e of Application (check one) x a. Rezoning"only ;::{JpL~ b. Land Use Amendment Only c. Land Use Amendment and Rezoning 3. Date this application is accepted (to be filled out by Planning Department): 4. Applicant's Name (person or business entity in whose name this application is made): Frank Pinto Address: 320 SE 2nd Avenue, B6 Deerfield Beach, FL 33441 Phone: 305-421-3846 (Zip Code) FAX: 305-426-9669 5. Agent's Name (person,' .i'f any, representing applicant): Burl Gentry, Gentry Engineering & Land Surveying, Inc. Address: P. O. Box 243 Delray Beach, FL 33447 Phone: 407-272-1924 (Zip Code) FAX: 407-272-7741 6. Property Owner's (or Trustee's) Name: Newport Properties, Inc. Address: P. O. Box 943 Deerfield Beach, FL 33443-0943 305-421-3846 (Zip Code) FAX: 305-426-9669 PLANNING DEPARTMENT - APRIL 1991 A:LandUse ( 2 ) 7. Correspondence Address (if different than applicant or agent) : c_ . 5AME;, A0 )/GC/tJi *This is the address to which all agendas, letters, and other materials will be mailed. 8. What is the applicant's interest in the subject parcel: (Owner, Buyer, Lessee, Builder, Developer, Contract Purchaser, etc.) Developer 9. street Address or Location of Subject Parcel: 3500 Block S. Swinton Avenue, Boynton Beach, Florida 10. Legal Description of Subject Parcel: On the plan ( ~ u~vcy) 11. Area of Subject Parcel (to the nearest hundredth (1/100) of an acre): 15.45 12. Current Zoning District: R1AAB 13. ~ Current Land Use Category: R-e'S"i'd-enti:ai. LOW DE~SIDENTIAL Proposed Land Use Category: Re~i:d-enti:ai. LOW DENSIh';;SIDENTIAL PUD (LU l 5'-) Proposed Zoning District: 14. 15. 16. Intended Use of Subject Parcel: Residential 17. Developer or Builder: Newport Properties, Inc. 18. Archi tect: Jose Obeso 19. Landscape Architect: EDSA 20. si te Planner: Gentry Engineering & Land Surveying, Inc. 21. Civil Engineer: Ge'ntry"Ertgineering& Land Surveying, Inc. 22. Traffic Engineer: Gentry Engineering & Land Surveying, Inc. 2 3 . Surveyor: Gentry Engineering & Land Surveying, Inc. PLANNING DEPARTMENT - APRIL 1991 A: LandUse II. MATERIALS TO BE SUBMITTED WITH APPLICATION ( 3 ) The following materials shall be submitted in two (2) copies, unless otherwise indicated: (check) X a. This application form. x b. A copy of the last recorded warranty deed. x c. The following documents and letters of consent: (1) If the property is under joint or several ownership: a written consent to the application by all owners of record, (2) If the applicant is a contract purchaser: a copy of the purchase contract and written consent of the owner and seller, and ' x (3) If the applicant is represented by an authorized agent: a copy of the agency agreement, or written consent of the applicant, and (4) If the applicant is a lessee: a copy of the lease agreement, and the written consent of the owner, and (5) If the applicant is a corporation or other business entity: the name of the officer or person responsible for the application, and written proof that said person has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corporation. x d. A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida, dated not more than six (6) months prior to the date of submission of the application, at,c;lscale prescribed by the Planning Department, and containing the following information: x (1) An accurate legal description of the subject parcel. x (2) A computation of the total acreage of the subject parcel to the nearest hundredth (1/100) of an acre. (3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree Preservation Ordinance. (Also refer to Page 6, Sec. II h.(12) of this application if property is occupied by native vegetation.) This requirement may be waived by the Planning Director where found to be unrelated to the land use or zoning issues involved with the application. e. A complete certified list of all property owners, mailing addresses, and legal descriptions for all properties within at least four hundred (400) feet of the subject parcel as recorded in the latest official tax rolls in the county courthouse shall be furnished by the applicant. Postage, and mailing labels or addressed envelopes must also be provided. Said list shall be accompanied by"c:m affidavit stating that to the best of the applicant's knowledge said list is complete and accurate. Notification of surrounding property owners will be done by the City of Boynton Beach. PLANNING DEPARTMENT - APRIL 1991 A: LandUse ( 4 ) f. A copy of the Palm Beach County Property Appraiser's maps showing all of the properties referred to in paragraph e. above, and their relation to the subject parcel. x g. A statement by the applicant justifying the zoning requested, including reasons why the property is unsuitable for development under the existing zoning and more suitable for development under the proposed zoning. x h. A comparison of the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the existing zoning, which will include: x (I) A comparison of the potential square footage or number and type of., ,dwelling units. un~er the existing zoning with that which would be allowed under the proposed zoning or development. -X-- (2) A statement of the uses that would be allowed in the proposed zoning or development, and any particular uses that would be excluded. x (3) Proposed timing and phasing of the development. -NLA (4) For proposed zoning of property to commercial or industrial districts, where the area of the subject parcel exceeds one (1) acre, projections for the number of employees. x (5) A comparison of traffic which would be generated under the proposed zoning or development, with the traffic that would be generated under the current zoning; also, an 'analysis of traffic movements at the intersections of driveways that would serve the property and surrounding roadways, and improvements that would be necessary to accommodate such "traffic movements. , For proj ects that generate more than five hundred (500) net trips per day, a traffic impact analysis must be submitted which complies with the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance standards Ordinance. (a) For projects that generate two thousand (2,000) or more net trips per day, the traffic impact analysis must be submitted to the City at least 30 days prior to the deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by the City's traffic consultant and Palm Beach County. The applicant shall be billed for the cost of review by the City's traffic consultant.", , x (b) For projects that generate between five hundred (500) and two thousand (2,000) net trips per day, the traffic impact analysis must be ,submitted, at the application deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by Palm Beach County. PLANNING DEPARTMENT - APRIL 1991 A:LandUse NOTE: ( 5 ) However, if it is the desire of the applicant to utilize the City's traffic consultant for review of the traffic impact analysis prior to review by Palm Beach County, then the procedure and requirements outlined under item "a" above shall be followed. x Failure to submit traffic impact analysis in the manner prescribed above may delay approval of the application. (6) For parcels larger than one (1) acre, a comparison of the water demand for development under the proposed zoning or development with water demand under the existing zoning. Water demand shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such demand, unless different standards are justified by a registered engineer. Commitment to the provision of improvements to the water system shall also be included, where existing facilities would be inadequate to serve development under the proposed zoning. x (7) For parcels larger than one (1) acre, a comparison of sewage flows that would be generated under the proposed zoning or development with that which would be generated under the existing zoning. Sewage flows shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such flows, unless different standards are justified by a registered engineer. Commitment to the provision of improvements to the sewage collection system shall also be included, where the existing facilities would be inadequate to serve development under the proposed zoning. x (8) For proposed residential developments larger than one (1) acre, a comparison of the projected population under the proposed zoning or development with the projected population under the eXisting zoning. Pop~lationprojections according t6age"~roups for the proposed development shall be required where more than fifty (50) dwellings, or 50 Sleeping rooms in the case of group hOUSing, would be allowed under the proposed zoning. x (9) At the request of the Planning Department, Planning and Zoning Board, or City Commission, the applicant shall also submit proposals for minimiZing land use conflicts with surrounding properties. The applicant shall provide a summary of the nuisances and hazards associated with development under the proposed zoning, as well as proposals for mitigation of such nuisances and hazards. Such summary shall also include, where applicable, exclusion of particular uses, limitations on hours of operation, proposed location of loading areas, dumpsters, and mechanical eqUipment, screening of service areas and mechanical equipment, location of driveways and service entrance, and specifications for site PLANNING DEPARTMENT - APRIL 1991 A:LandUse ( 6 ) lighting. Nuisances and hazards shall be abated or mitigated so as to conform to the performance standards contained in the City's zoning regulations and the standards contained in the City's noise control ordinance. Also, statements concerning the height, orientation, and bulk of structures, setbacks from property lines, and measures for screening and buffering the proposed development shall be provided. At the request of the Planning and Zoning Board or City Commission, the applicant shall also state the type of construction and architectural styles that will be employed in the p~~posed development. ~(10) At the request of the Planning Department, Planning and Zoning Board, or City Commission, the applicant shall al~9 submit the following information: ' x (a) Official soil conservation service classification by soil associations and all areas subject to inundation and high ground water levels. x (b) Existing and proposed grade elevations. N/A (c) Existing or proposed water bodies. ----1L- (d) Form of ownership and form of organization to maintain common spaces and recreation facilities. x (e) A written commitment to the provision of all necessary facilities for storm drainage, water supply", ,sewage collection and treatment, solid waste disposai, hazardous waste disposal, fire protection, easements or rights-of-way, roadways, recreation and park areas, f?choo~. ,~i tes, and other' public improvements or dedications as may be required. x (11) For rezonings to planned zoning districts, the specific requirements for submission of applications for rezoning to such districts shall also be satisfied. Furthermore, all materials required for a subdivision master plan shall also be submitted. x (12) Where conformance with the County's Environmentally sensitive Lands Ordinance is required, an Application for Alteration of Environmentally Sensitive Lands (Environmental Impact Study) must be submitted to the Palm Beach County Department of Environmental Resources Management (copy to City) prior to or concurrent with the submittal. of the Land Use Amendment and/ or Rezoning Application to the city. PLANNING DEPARTMENT - APRIL 1991 A: LandUse (7 ) III. APPLICATION FEES. Fees shall be paid at the time that the application is submitted, according to the fees which have been adopted by ordinance or resolution. The Planning Department will inform the applicant as to the fees which are required. All fees shall be paid by check, payable to the City of Boynton Beach. IV. CERTIFICATION (I) (We) understand that this application and all plans and papers submitted herewith become a part of the permanent records of the Planning and Zoning Board. (I) (We) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructigns- ~ht'~e -Z/; /9PJ'- Date (' fi'EG. Si ature of Owner{s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity. V. AUTHORIZATION OF AGENT ~-- - . ~ature~ ~LZ~!at!J (I) (We) hereby designate the above signed person as (my) (our) authorized. ith regard to this application. ---- c-=--- ----c c- Sig ature of Owner(s) or Trustee, or Authorized Principal if.. property , is owned by a corporation or other business entity. ' .." " iN€. ;?/; /99--5- " Date' PLANNING DEPARTMENT - APRIL 1991 A: LandUse June 19, 1995 City oT Boynton Beach Planning and Zoning Department 100 E. Boynton Beach P.O. Box 310 Boynton Beach, Fl. 33425-0310 Attention: Mike Haag, Site and Zoning Administrator Re: Hills at Lake Eden, PUD This letter is to conTirm Burlison A. Gentry, President oT Gentry Engineering and Land Surveying, Inc., shall act as our agent in both the submission oT the required inTormation, serving as our representative before City meetings and to serve as a contact person regarding the F ank Pinto Newport Properties, Inc. 5Ee-nON IT c.( 3 ') 1. We will have lots with a little less frontage but with more depth. 2. We will create a completely gated community without having any lots on Seacrest Boulevard or on Swinton Avenue. 3. We eliminate any lots being back-to-back. 4. A completely gated community will give the residents of the complex greater security, will maintain the property values in the neighborhood west of Swinton, and will create the aura that should go with the topography of a site such as this. 5. From an architectural point of view, the additional depth of the lots gives us greater flexibility keeping in mind that we are not asking for any change in the square footage of the 1800 square foot living area. 6. There is an economic issue that we have to address. Primarily, the cost of a house with an 1800 square foot living area with a price that is consistent with the neigh- borhood. 7. We resolve the environmental issues better with this plan. 8. The new plan addresses the topography of the property which is necessary to accommodate the different types of homes we plan to build. IT IS VITAL THAT WE MAINTAIN THE TOPOGRAPHY OF THIS SITE AS IT IS UNIQUE TO THE AREA. 9. The PUD plan we propose is 4.0 units per acre and is therefore consistent with the present zoning of 4.84 units per acre and the LUI of 5 units per acre. Our plan gives us greater flexibility in building a more pleasing community for its new residents. SECrloN.IT ~' SECTION II h. Comparison o~ impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under existing zoning: h. (1) Comparison o~ potential square ~ootage or number and type o~ dwelling units under the existing zoning with that which would be allowed under the proposed zoning or development. Under the existing zoning a site plan was developed which would allow 57 single ~amily lots, where as the zoning allows 4.8 units per acre, but due to the environmental preservation areas the actual lots which can be developed was signi~icantly reduced to 47 lots. With the proposed Planned Unit Development (PUD), with an LUI o~ 5, the allowable density would not be exceeded and the total number o~ single ~amily lots which can be developed is 62 single ~amily lots and this would also allow the set aside areas ~or the environmentally sensitive areas as required. h. (2) Statement o~ the uses that would be allowed in the proposed zoning or development and any particular uses that would be excluded. Under the proposed zoning the uses would be restricted to single ~amily residential homes as described in the City o~ Boynton Beach Zoning codes. h. (3) Proposed timing an phasing o~ the development. No phasing is proposed, construction will commence once all permits are issued and the project is to be developed within one time period. h. (4) Not appl icable h. (5) Comparison o~ Tra~~ic which would be generated under the proposed zoning or development, with the tra~~ic that would be generated under the current zoning. Under the previous zoning and the development which was previously approved which allowed 57 single ~amily lots and the area o~ 15.45 acres and a tra~~ic impact o~ 10 vehicle trips per day (VTPD) per unit, then the tra~~ic generated by the prior development would be: 57 x 10 = 570 VTPD Under the proposed plan with a total o~ 62 lots, the tra~~ic generated would be: 62 x 10 = 620 VTPD There~ore, the projected tra~~ic impact ~or this development would be approximately the same as the previously approved plan. SE. CilON If h SECTION 11 h. (6) A comparison 0+ the water demand +or the development under the proposed zoning or development with the water demand under the existing zoning. Based on the Palm Beach County Health Department criteria the average consumption per person is 100 gallons per day (gpd) and the average number 0+ occupants +or dwelling unit is 3.5 persons, there+ore the proposed development would create a demand 0+: 62 (dwelling units) x 100 gpd x 3.5 = 21,000 gpd +or the potable water supply. Under a comparable plan the prior allowable units under the existing zoning was 57 single +amily dwelling units and based on 100 gpd x 3.5 persons per unit then the potable water supply demand 0+: 57 (dwelling units) x 100 gpd x 3.5 = 19,950 gpd Which is essentially equal to the proposed development under the proposed zoning. The developer would provide all the on-site water distribution system requirements including the connection to the existing system in accordance to the minimum requirements as adopted by the City 0+ Boynton Beach. h. (7) Comparison 0+ sewage +lows that would be generated under the proposed zoning or development which would be generated under the existing zoning. For the proposed development the projected sewage +low shall be: 62 (dwelling units) x 75 gpd/occupant x 3.5 occupants/unit The projected sewage +low would be 16,275 gpd Under the prior development in the existing zoning, the projected sewage +low was: 57 (dwelling units) x 75 gpd/occupant x 3.5 occupants/unit The projected sewage +low was 14,962.5 gpd Which is essentially equal to the proposed development. The developer shall provide the installation 0+ the proposed sewage collection system, including the connection to the existing system in accordance to the minimum regulation 0+ the City 0+ Boynton Beach. SECTION II h. (8) Comparison o~ the projected population under the proposed zoning or development with the projected population under the existing zoning. Under the proposed zoning at 62 units x 3.5 persons per unit, the projected population ~or this development would be 217 persons. Under the prior zoning the projected population was 57 units x 3.5 persons = 199.50 persons, which was essentially equal to the proposed development. h. (9) Summary o~ the nuisances and hazards associated with development under the proposed zoning, as well as proposal ~or mitigation o~ such nuisances and hazards: The only hazards which would be association with this development would be those involved during construction ~or the sewer, water, paving and drainage, as well as site grading and it would be the responsibility o~ the contractor and site developer to ~ollow the standard practice to mitigate potential problems associated with this development. h. (10) (a) O~~icial soil conservation service classi~ication by soil associations and all areas subject to inundation and high ground water levels. The U.S. Department o~ Agriculture, Soil Conservation Service, has established the ~ollowing soil classi~ication ~or this property; the majority o~ this property ~alls under a classi~ication o~ St. Lucie Urban Land Complex, which is consistent with the sand ridges and dunes along the coastal areas and the remainder o~ the property is classi~ied as Myakka Urban Land Complex which is classi~ied as a deep sandy soil common along the coastal areas. This property has an average elevation o~ 25 M.S.L. and the existing water table is approximately 8.5 M.S.L., there~ore, there would not be any areas o~ this property subject to inundation and the water table would be in excess o~ 10 ~eet below the ground sur~ace in all areas o~ the property. (10) (b) Existing and proposed grade elevations: The existing grade elevations are indicated on the attached plan which provides l' contour intervals ~or the subject property. I ~\wJ Prep....red by: Gardner Savage Liddell, Sapp, Zivley, Hill & LaBoon, L.L.P. 2200 Ross Avenue, Suite 900 Dallas, Texas 75201 Return to: Mitchell B. Kirschner Northern Trust Plaza 301 Yamato Road, Suite 2110 .Boca Raton, Florida 33431 APR-12-1995 3:50pm <;'5-112871 ORB 8698 P9 1395 1'.1111., II 11,., I. II III Con 250,000.00 Doc 1,750.00 SPECIAL WARRANTY DEED THE STATE OF FLORIDA ~ g ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF PALM BEACH That BH FLORIDA LAND JOINT VENTURE (the "Grantor"), a Texas joint venture, whose address is 2001 Ross A venue, Suite 3210, Dallas, Texas 75201, acting herein by and through its duly authorized representative, for and in consideration of the sum of Ten Dollars ($10, (0) and other good and valuable consideration to it in hand paid and caused to be paid in the manner hereinafter stated by NEWPORT PROPERTIES, INC. (the "Grantee"), a Florida corporation (Tax I.D. Number f)evz t:/t"" 'Iit ), the receipt of which is hereby I ,/ acknowledged and confessed, has GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents does GRANT, BARGAIN, SELL AND CONVEY unto the Grantee, whose address is 320 Southeast Second Avenue, Deerfield Beach, Florida 33441, the property ("Property") described on Exhibit A, attached hereto and hereby made a part hereof, together with (i) all structures, fixtures, buildings and improvements situated on the Property (such buildings, structures, fixtures and improvements being herein called the "Improvements"), (ii) any and all rights, titles, powers, privileges, easements, licenses, rights-of-way and interests appurtenant to the Property and the Improvements, (iii) all rights, titles, powers, privileges, licenses, easements, rights-of-way and interests, if any, of Grantor, either at law or in equity, in possession or in expectancy, in and to any real estate lying in the streets, highways, roads, alleys, rights-of-way or sidewalks, open or proposed. in front of, above, over, under, through or adjoining the Property and in and to any strips or gores of real estate adjoining the Property, and (iv) all rights, titles, powers, privileges. interests, licenses, easemems and rights-of-way appurtenant or incidem to any of the foregoing. D, ;-InS)] ] O-lII~I, m,-I SECTiON II b ORB 8698 t'9 1396 TO HAVE AND TO HOLD the Property together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns, forever, subject to (a) the matters shown on Exhibit B, attached hereto and made a part hereof, to the extent (but no further) that same are valid and subsisting as of the date hereof and affect title to the Property, and (b) all matters revealed by the survey of the Property dated October 19, 1994, prepared by Omar Armenteros, Registered Land Surveyor No. 3679 (collectively, the "Permitted Encumbrances"), and Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend all and singular the Property, subject to the Permitted Encumbrances, unto Grantee, its successors and assigns, against every person whomsoever, lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. GRANTOR CONVEYS THE PROPERTY "AS IS", "WHERE IS" AND WITH ALL FAULTS, AND DISCLAIMS ALL EXPRESS WARRANTIES, OTHER THAN THE SPECIAL WARRANTY OF TITLE CONTAINED HEREIN, ALL STATUTORY WARRANTIES, AND ALL IMPLIED WARRANTIES, WITH RESPECT TO THE PROPERTY, AND, AS TO FIXTURES THEREON OR IMPROVEMENTS THERETO CONVEYED HEREBY, IF ANY, DISCLAIMS ALL WARRANTIES OF HABITABILITY , SUITABILITY, MERCHANTABILITY, TENANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. All ad valorem taxes and assessments for the Property for the year in which this deed is executed have been prorated by the parties hereto as of the effective date of this deed based on actual ad valorem taxes and assessments for the Property for the immediately prior year subject to re-proration of both parties when the tax bill for the current year is rendered; and Grantee, by its acceptance of this deed, hereby expressly assumes liability for the payment of all ad valorem taxes and assessments for said year and subsequent assessments for prior years due to achange in land usage or ownership. D: '~h,'" : ORB B6ge f'9 1397 IN TESTIMONY WHEREOF, this instrument is executed this 7""'- day of flJr. ( , 1995, to be effective upon delivery. signed, sealed and delivered in the presence of BH FLORIDA LAND JOINT VENTURE By: SOV Florida LP, Joint Venturer Name~k''', Nam~/b:~ By: TH Parkway Equities, Inc., General Partner Exhibit A - the Property Exhibit B - the Pennitted Encumbrances THE STATE OF TEXAS ~ ~ COUNTY OF DALLAS ~ The foregoing instrument was sworn t9. and acknowledged before me on this L day o~~ ,1995,by~A.-S fI.. ~r/~s~ ~..J/'~ of TH arkway ~ties, Inc., a r ~ --.. corporation, General Partner of SOY Florida LP, a / ~ ~ limited partnership, Joint Venturer of BH FLORIDA LAND JOINT VENTURE, a T ~ - joint venture on behalf of said joint venture, limited partnership and corporation. The above med individual [~ is personally known to me or [ ] has produced the following identification e.rSt1"?t.A-I1. ~ which is current or has been issued within the past five years and bears a serial number or other identifying number and wh.) did not take an oath. M. LOUISE McMILLEN Notlry Public. Sllle of Texl. My Commission Expires 1.25.96 '" " ~y~~ Printed Name: NOTARY PUBLIC - STATE OF Commission Number: My Commission Expires: (Notarial Seal) L)' :~h')] J ~ ; ~ ~I) (..N~ -3- ORB e698 pg 13ge EXHmIT A PARCEL 1 The South 2 acres of the East 1/4 of the S.E. 1/4 of the N.E. 1/4 of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida, (less the right-of-way for Swinton A venue as shown in Road Plat Book 3, Pages 250 and 251, Palm Beach County Pubic Records). PARCEL 2 The S.W, 1/4 of the S.W. 1/4 of the N.W, 1/4, less the County road right-of-way, of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, PARCEL 3 The East 1/2 of the S.E. 1/4 of the S.B. 1/4 of the N.E. 1/4, of Section 5, Township 46 South, Range 43 East, less the South 257.29 feet thereof, and also including the following described parcel: A portion of the N.E. 1/4 of the S.E. 1/4 of the N.B. 1/4 of Section 5, Township 46 South, Range 43 East, Boynton Beach, Palm Beach County, Florida, and more particularly described as follows: Beginning at the Southeast comer of said N.E. 1/4 of S.E, 1/4 of N.E. 1/4, Section 5; thence run S. 88deg48min02sec, W. along the South line of said N.E. 1/4 of S.B. 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 rj) N, OOdegOlminOOsec. E. aJ()!lg,said right-of-w'c!y_69.18 feet to a point; thence-run --- .,-.------.-.-...~_.,-. '~1 ,",_._~ " -" ._"..~.,...,"'- . -'., .._<-",~,.. .... ._ .... p S. 89deg59mlnOOsec. E., 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 90degOOminOOsec. and a radius of 56.00 feet; thence run S. 89deg59minOOsec. E. 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 S. 00deg04min28sec. W., 6.03 feet to the POINT OF BEGINNING. Boynton Beach, Palm Beach County, Florida. Tax Folio Number: 08-43-46-05-00-000-1060 08-43-46-05-00-000-1070 08-43 -46-05 -00-000-1 090 08-43-46-04-00-000- 3010 DI 14~531 I 04 J 1 ~bCX)84 .I ~ 11 · 9S 11: 52 FR L I DDL...... SAPP DA...LAS 214 220 ORB 8698 P9 1; 399 , DOROTHY H. WILKEN, CLERK P8 COUNTY, ~ [ EXHlBIT B PERMITTED .ENCUMBRANCES I. Right-of-way of Swinton Avenue as shown in Road Plat Boot 3, Page 250. 2. Right-of-way of Seacrcst Boulevard as shoWn in Road Plat Book 5, Page 162. 3. Right-of-way Deed to Palm Beach County, Florida recorded in Deed Book 901, Page 222. 4. Teens and provisions as set forth in Agreement for Water Service recorded in Official Records Book 4076, Page 1021. ' D 1/1465'31.1 0411 a6IOO34 ** TOTAL PAGE,03 ** l (~..f (d- 1f\\J Prep...red by: Gardner Savage Liddell, Sapp, Zivley, Hill & LaBoon, L.L.P. 2200 Ross Avenue, Suite 900 Dallas, Texas 75201 Return to: Mitchell B. Kirschner Northern Trust Plaza 301 Yamato Road, Suite 2110 Boca Raton, Florida 33431 APR-12-1995 3:50pm <;'5-112871 ORB 8698 P9 1395 111.,1.1 III. ,.1 1.,1111 Con 250,000.00 Doc 1,750.00 SPECIAL WARRANTY DEED THE STATE OF FLORIDA s s s KNOW ALL MEN BY THESE PRESENTS: COUNTY OF PALM BEACH That BH FLORIDA LAND JOINT VENTURE (the "Grantor"), a Texas joint venture, whose address is 2001 Ross Avenue, Suite 3210, Dallas, Texas 75201, acting herein by and through its duly authorized representative, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to it in hand paid and caused to be paid in the manner hereinafter stated by NEWPORT PROPERTIES, INC. (the "Grantee"), a Florida corporation (Tax LD. Number f)evz q'{ I-t ~ ), the receipt of which is hereby / / acknowledged and confessed, has GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents does GRANT, BARGAIN, SELL AND CONVEY unto the Grantee, whose address is 320 Southeast Second A venue, Deerfield Beach, Florida 33441, the property ("Property") described on Exhibit A, attached hereto and hereby made a part hereof, together with (i) all structures, fixtures, buildings and improvements situated on the Property (such buildings, structures, fixtures and improvements being herein called the "Improvements"), (ii) any and all rights, titles, powers, privileges, easements, licenses, rights-of-way and interests appurtenant to the Property and the Improvements, (iii) all rights, titles, powers, privileges, licenses, easements, rights-of-way and interests, if any, of Grantor, either at law or in equity, in possession or in expectancy, in and to any real estate lying in the streets, highways, roads, alleys, rights-of-way or sidewalks, open or proposed. in front of. above, over, under, through or adjoining the Property and in and to any strips or gores of real estate adjoining the Property, and (iv) all rights, titles. powers, privileges, interests, licenses. easements and rights-of-way appurtenant or incident to any of the foregoing,"" D1 1~1>531 J ()~I J~h()()8~ A/.JI-b, I<.e.' S[CrIOnl ORB 8698 F'9 1396 TO HAVE AND TO HOLD the Property together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns, forever, subject to (a) the matters shown on Exhibit B, attached hereto and made a part hereof, to the extent (but no further) that same are valid and subsisting as of the date hereof and affect title to the Property, and (b) all matters revealed by the survey of the Property dated October 19, 1994, prepared by Omar Annenteros, Registered Land Surveyor No. 3679 (collectively, the "Pennitted Encumbrances "), and Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend all and singular the Property, subject to the Pennitted Encumbrances, unto Grantee, its successors and assigns, against every person whomsoever, lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. GRANTOR CONVEYS THE PROPERTY "AS IS", "WHERE IS" AND WITH ALL FAULTS, AND DISCLAIMS ALL EXPRESS WARRANTIES, OTHER THAN THE SPECIAL WARRANTY OF TITLE CONTAINED HEREIN, ALL STATUTORY WARRANTIES, AND ALL IMPLIED WARRANTIES, WITH RESPECT TO THE PROPERTY, AND, AS TO FIXTURES THEREON OR IMPROVEMENTS THERETO CONVEYED HEREBY, IF ANY, DISCLAIMS ALL WARRANTIES OF HABITABILITY , SUITABILITY, MERCHANTABILITY, TENANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. All ad valorem taxes and assessments for the Property for the year in which this deed is executed have been prorated by the parties hereto as of the effective date of this deed based on actual ad valorem taxes and assessments for the Property for the immediately prior year subject to re-proration of both parties when the tax bilI for the current year is rendered; and Grantee, by its acceptance of this deed, hereby expressly assumes liability for the payment of all ad valorem taxes and assessments for said year and subsequent assessments for prior years due to change in land usage or ownership, 55 b. On corner lots, the side setback adjacent to the street shall be not less than one-half (1/2) the front yard setback except where the corner lot faces a different street than the remaining lots in the block, the front setback shall then be maintained on both streets. 3. Off street parking. As provided in Section 11-H hereinafter. D.( /R-1-A SINGLE-FAMILY RESIDENTIAL DISTRICT. These district 'regulations will create a maximum density of 5.8 dwelling units per acre. i 1. I I ( ~ Uses permitted. Within any R-1-A single-family residential district, no building, structure, land or water shall be used except for one of the following uses: a. Any use permitted in the R-1-AAA, R-1-AAB, R-1-AA districts. 2. Building and site regulations: a. The following lot and building requirements shall be observed. Minimum lot area 7,500 square feet - )< Minimum lot frontage 60 feet ~ Minimum front yard 25 feet Minimum rear yard 25 feet t.~_~ ~ x Minimum side yard 7 1/2 feet each side- x: Minimum living area 1,250 square feet ---- ~ Maximum lot coverage 40 percent Maximum structure height 25 feet b. On corner lots the side yard setback adjacent to the street shall be not less than one-half (1/2) the front yard setback except where the corner lot faces a different street than the remaining lots in the block, the front setback shall then be maintained on both streets. 3. Off-street parking. As provided in Section 11-H hereinafter. E. R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations will create a maximum of 7.26 dwelling units per acre. 1. Uses permitted. Within any R-1 single-family residential district, no building, structure, land or water shall be used except for one of the following uses: Adopted April 4. 1"5. Ordinance 0'5-03 aaVl..cS 2-18 ~ (~,~~~~ )\. "'----,-- ---- 55 Building and site regulations: a. The following lot and building setback requirements shall be observed: Minimum lot area 9,000 square feet - )( Minimum lot frontage 90 feet Minimum front yard 25 feet -Minimum rear yard 25 feet Minimum side yards 10 feet each side Minimum living area 1,800 square feet - x Maximum lot coverage 35 percent Maximum structure height 25 feet b. On corner lots, the side yard setback adjacent to the street shall be not less than one-half (1/2) the front yard setback except where the corner lot faces a different street than the remaining lots in the block, the front setback shall then be maintained on both streets. 3. Off-street parking. As provided in Section 11-H hereinafter. R-1- SINGLE-FAMILY RESIDENTIAL DISTRICT. These rict regulations will create a maximum density of 5.4 dwelling units per acre. 1. Use permitted. Within any R-1-AA single-family residential district, no building, structure, land or water shall be used except for one of the following uses: a. Any use permitted in the R-1-AAA or R-1-AAB districts. ~2. Building and site regulations: a. The following lot and building requirements shall be observed: Minimum lot area Minimum lot frontage Minimum front yard Minimum rear yard Minimum side yard Minimum living area Maximum lot coverage Maximum structure height 8,000 square feet*-)( 75 feet 25 feet 25 feet _...-.. ~ 10 feet each side* 1,500 square feet- 35 percent 25 feet >< -~ *In areas developed and/or platted prior to June 13, 1975, the minimum lot area shall be seven thousand five hundred (7,500) square feet and the minimum side yard shall be seven and one-half (7 1/2) feet. Adopted Apr11 4. 1"5. Ord1DaDce 0'5-03 llav1.ad 2-17 Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Section 13. j-r/ - ~ :'; ( / ) (:, r ,/",-" /--/ ' / ,--' t: ,. , 51 CHAPTBR 2.5 PLANNBD UNIT DEVELOPMENTS . Intent and purpose Definition - Nomenclature Relation of land use intensity (LUl) ratings to regulations Minimum land areas for POD Unified control Uses permitted Locational st~nt't~1:'ds for POO's Internal. POD standards Procedures for zoning of land to POO Preliminary and final development plans Changes in plans Zoning administrator Section 1. Intent and purpose. A Planned Unit Development District (POD) is established. It is intended that this district be utilized to promote efficient and economical land use, improved amenities, appropriate and harmonious variety in physical development, creative design, improved living environment, orderly and economical development . in the city, and the protection of adjacent and existing and future city development. The district is suitable for development, redevelopment and conservation of land, water and other resources of the city. Regulations for planned unit developments are intended to accomplish the purposes of zoning, subdivision regulations and other applicable city regulations to the same degree that they are intended to control development on a lot-by-lot basis. In view of the substantial public advantages of planned unit development, it is the intent of POD regulations to promote and encourage development in this form where tracts suitable in size, 11- location and character for the uses and structures proposed are 11~~ to be planned and developed as unified and coordinated units. ~1pl Section 2. Definition. , eft.! i,/ ,1 feJ'\)i) iY '.- A "planned unit development": A. (7f)~ '---"- Is land under unified control, planned and developed as a whole in a single development operation of an approved programmed series of development operations for dwelling units and related uses and facilities; B. Includes principal and accessory uses and structures . substantially related to the character of the development itself and the surrounding area of which it is a part; Adopted April 4. 1"5. OrdiDeDce 0'5-02 Ilevi.ed 2.5-1 . (~)~ D. 52 c. Is developed according to comprehensive and detailed plans which include streets, utilities, lots, building sites and the like and site plans, floor plans and elevations for all buildings except for single family homes intended to be located, constructed, used and related-to one another, and detailed plans for other uses and improvements on the land related to the buildings; Includes a program for full provision~ maintenance and operation of such areas, improvements, facilities and unit development, but will not be provided, operated or maintained at public expense. Section 3. Nomenclature. The boundaries of land zoned to POD classification shall be indicated on the official zoning map with the symbol "POD" together with the land use intensity (LUI) rating assigned at the time of zoning, which shall be used for such lands. Section 4. Relation of land use intensity (LUl) ratings to regulations. The land use intensity (LUI) rating assigned at the time of zoning land to POD correlates for the project the required land area, floor area, open space, living space, recreation space, off-street parking and other matters. The various ratios, based on LUI ratings, shall be as shown on Table 1. ,- ) /@ lUI . . Adop~ed April 4. 1"5. Ordlaeace O'5'O~ .evi.ed 2.5-2 fV--- 0~LE 1~ LUI S4 Minimum lot area (in acres)-Residential uses only: Minimum lot area (in acres)-With commercial uses: RATINGS WITH STANDARD LUI LUI LUI 3.00 4.00 5.00 25 20 15 RATIOS LUI LUI 6.00 7.00 10 5 100 80 60 40 20 Maximum percent of 5 5 6 8 10 total land area which may be used for commercial purposes: Floor area ratio 0.10 0.20 0.40 0.80 1.60 (FAR) : * Open space ratio 8.00 3.80 1.80 0.80 0.43 ( OSR) : Living space ratio 6.20 2.60 1.10 0.50 0.27 (LSR) : Recreation space 0.25 0.18 0.12 0.09 0.07 ratio (RSR): *As indicated and referenced by HUe Publication #7. Minimum standards for multi-family housing shall be those minimum stan~ards as set forth in the Standard Building Code. Application of above ratios: FAR x lot area = Maximum permitted floor area. Actual floor area x OSR = Minimum required open space. Actual floor area x LSR = Minimum required living space (not for automobiles), part of required open space. Actual floor area x RSR = Minimum countable recreation space, part of required living space. . Floor area as computed from FAR, shall include the floor area of all permitted principal or accessory uses except areas for parking, storage, elevator hoist equipment or machinery, heating or air conditioning equipment, and the like; and requirements deriving from floor areas shall include such floor area. Section 5. Minimum land areas for POD. A tract of land proposed for zoning to POD at a request LUI rating shall contain minimum acreage in accordance with Table 1 Adop~ad Aprll 4, 1"5. Ordlnanca 0'5-02 .avlaad 2.5-3 . . 55 above. Lesser areas than those set out in Table 1 may be approved for PUD in a specific case upon findings by the planning and development board and the governing body that particular circumstances justify such reduction, that the requirements for POD and the benefits to be derived from PUD can be met in such lesser area, and that permitting such lesser area for POD is in conformity with-the comprehensive plan. Section 6. Unified control. /--~ff-land included for purpose of development within PUD district shall be under the control of the applicant (an individual, partnership, or corporation or group of individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed PUO. The applicant shall agree to: A. Proceed with the proposed development according to the provisions of those zoning regulations and conditions attached to the zoning of the land to PUO; B. Provide agreements, contracts, deed restrictions and sureties acceptable to the city for completion of the development according to the plans approved at the time of zoning to PUD and for continuing operations and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained at public expense; and C. Bind their successors in title to any commitments made under A and B above. All agreements and evidence of unified control shall be examined by the city attorney and no zoning of land to POD classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations. Section 7. Uses permitted. In a POD District, buildings or structures, or land, or water shall be used only for the following purposes: Single-family dwellings; Two-family dwellings or duplexes; Multiple-family dwellings, townhouses, garden apartments and cluster housing; /9f A. B. C. D. . Private, nonprofit clubs, community centers, civic and social organization facilities; Adopted April 4. 1"5. Ordiaeace O'5-0~ Revi.ec1 2.5-4 S7 E. Private parks, tennis courts, playgrounds, putting greens, gold courses, driving ranges and other recreation . facilities; F. Public utility buildings, structures, and facilities necessary to service the surrounding neighborhood; G. Houses of worship, schools, nursing homes, nursery schools, kindergartens and hospitals;. H. "Neighborhood" commercial uses which are determined at the time of zoning to PUD, to be compatible with the existing and future development of adjacent and nearby lands outside the PUD; I. Other uses of a nature similar to those listed, after determination and recommendation by ,the planning and development board, a determination by the governing body at the time of zoning that the use or uses are appropriate to the PUD development. J. Permitted uses for a PUD District shall be specified in the application for zoning of land to PUD classification. ~'V K. L. Prohibited use. Any structure more than forty-five (45) feet in height and more than four (4) stories. Home occupations consistent with Chapter 2, Section 11.D. are permitted without the necessity of being specified at the time of zoning to PUD. Section 8. Locatianal standards for POO's. . In reaching recommendations and decisions as to zoning land to PUD classification and the LUI rating of such classification, the planning and development board and the governing body shall apply the following locational standards, in addition to the standards applicable to the rezoning of land generally: A. RELATION TO MAJOR TRANSPORTATION FACILITIES. A PUD shal~ be so located as to major roadways or other transportation facilities as to provide direct access to it without creating or generating traffic along streets in residential areas or districts outside it. B. RELATION TO UTILITIES, PUBLIC FACILITIES AND SERVICES. A PUD shall be located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utilities systems and. installations so that neither extension nor enlargement of such systems will be required. in manner, form, character, location, degree, scale or timing resulting in higher net public cost or earlier incursion of public cost than would development . in forms permitted under existing zoning in the area. Adaptad April 4. 1"5. Ordinanca 0'5'02 .avi.ad 2.5-5 S8 Such PUD's shall be so located with respect to necessary public facilities (e.g., schools, parks, playgrounds) as to have access to those facilities in the same degree as under existing zoning, and shall be so located, designed and scaled so that access f~r public services is equivalent to, and net cost for the services under existing zoning. C. PHYSICAL CHARACTER OF THE SITE. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding,. erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage and topography shall all be appropriate to both kind and pattern of use intended. Section 9. Internal POD standards. In addition to the standards'set in Section 4, Table 1, of these zoning regulations, the following standards apply within a PUD District. /j;/.lA. ACCESS. Every dwelling unit, or other use permitted in the PUD, shall have access to a public street either directly or via an approved private road, pedestrian way, court, or other area dedicated to public or private use, or common element guaranteeing access. Permitted uses shall not be required to front on a dedicated public ;' road. (>:;li./~ INTERNAL LOTS AND FRONTAGE. Wi thin the boundaries of the . \. V PUD, no minimum lot size or minimum yards shall be ~/ .j required; provided, however, that PUD frontage on 9 dedicated public roads shall observe front yard ^ /__ f. V requirements in accordance with the zoning district the \ n y ( ~ PUD use most closely resembles and that peripheral yards ) abutting other zoning districts shall be the same as (' @ . required in the abutting zone. I ~-' ~OFF-STREET PARKING AND REQUIREMENTS. Off-street parking (J))Ni) / ..k ";, \..::.J requirements shall in no event be less than two (2 ) \/)\ \ .\)'~i-. spaces per dwelling unit. "r.j of:,', ,.4:.;,.- ;:~y : \i t, \\ ~ .0 .\]' Other off-street parking and loading requirements shall be governed by the zoning ordinance. ?( ./ COMMERCIAL STANDARDS. Commercial uses located in a PUD are intended to serve the needs of the POD and not the general needs of a surrounding area. The maximum area within a PUD which may be devoted to neighborhood commercial uses, including required off-street parking requirements, is governed by Table 1, Section 4 and Section 9C. Areas designated for commercial activities shall not generally front on exterior or perimeter flJ I "I DI1. Adopt.d April 4. 1"5. Ordin.nc. 0'5-02 Il.vi..d 2.5-6 59 streets, and shall be preferably centrally located within the project. UNDERGROUND UTILITIES. Direct residential and/or consumer service should be by underground installation to the maximum extent practicable. However, primary service to a general geographic area may be overhead. Appurtenances to these systems which require aboveground installation shall be effectively screened, and, thereby, may be excepted from this requirement: Primary facilities providing service to the site of the POD may be excepted. Section 10. Procedures for zoning of land to POD. ; N) \ j 'i(' '--.-' ~- - / ii" ____ E . 'I /' @ The procedures for zoning of land to POD classification with a specific LUI rating shall be the same as for zoning land generally. Because of the differences between POD developments and the concept of unified control in development, however, the following procedures and requirements shall apply to applications for zoning to POD classification, in addition to the general requirements: i;, :-,7 r ,.,--. f '})-:' 'd ___ (, I ( ') [-J / 2. ..-/ /.~r: ' I'.}-, \ " APPLICATIONS; MATERIALS TO BE SUBMITTED. In addition to information required for application for zoning generally, the applicant shall submit the following materials or data: A. 1.. 3. IS/} , ,i'I'; .._._tJlL a. ~b. / c. o d. l~ NJ Legal documents assuring unified control of the proposed POD and the agreements required under Section 6. A statement as to the LUI rating sought for the PUD and such supporting evidence or documentation as the applicant may feel is pertinent to enable the planning and development board and the governing body to determine whether or not the LUI rating requested is reasonable and proper. A site development plan containing: The title of the project and the names of the professional project planner and the developer; Scale, date, north arrow and general location map; Boundaries of the property involved, all existing streets, buildings, water courses, easements, section lines and other existing important physical features in and adjoining the project; Master plan locations of the different uses proposed by_ dwelling types, open spaces designations;- recreational facilities, commercial uses, other permitted uses, and off-street parking and off-street loading locations; Adopted April t. 1"5. Ordioeoce 0'5-02 .evi.ed 2.5-7 . . . Master plan showing access and traffic flow and how vehicular traffic will be separated from pedestrian and other types of traffic; Tabulations of total gross acreage in the development and the percentages thereof proposed to be devoted to the several dwelling types, . other permitted uses, recreational facilities, streets, parks, schools and other reservations; Tabulations demonstrating the relationship of the development to proposed LUI rating as shown in Table 1, Section 4, and proposed numbers and types of dwelling units; and Where required by the area planning board, an environmental impact study shall be supplied. 4. A statement showing modifications of zoning or other applicable city regulations where it is intended by the applicant that such modification serves the public interest to an equivalent degree. . r~e. (~~g. ~/./ " ~ . h 1(:>-- . 510 B. PROCEDURES. On application for zoning of land to PUD classification, the planning and development board and governing body shall proceed in general as for other applications for zoning of land giving special consideration, however, to the following matters and requirements, and allowing changes in the zoning application prior to the required planning and development board public hearing, as follows: . . 1. Pre-hearing conference with applicants. On request by the applicant, the city planning consultant and representatives of such other city departments as may be pertinent, shall meet with the applicant or his agent to review the original application, including all plans, maps and documents submitted by the applicant. The purpose of such pre-hearing conferences shall be to assist in bringing the overall petition as nearly as possible into conformity with these or other regulations applying generally to the property involved and/or to define specifically those variations from application of general regulations which appear justified in view of equivalent service of the public purposes of such regulations. In the course of such pre-hearing conferences, any recommendations for changes shall be recorded in writing and shall become part of the record in the case. All such recommendations shall be supported by stated reasons for the proposal for change. The applicant shall state in writing his agreement to such recommendations, or his disagreement, and if there is disagreement, shall in writing indicate his ACSopeeCS April., 1"5. Oreliaaaca 0'5-02 Rev1.eel 2.5-8 510 reasons therefor, and such responses by applicant (-.,-). shall be included in the record. At such time as further conferences appear unnecessary or at any time on the request of applicant, pUblic notice shall be given and the hearing before the planning and development board held as for other applications for zoning, but the notice and hearing shall be on th~ petition as it may have been amended following the pre-hearing conferences rather than as originally submitted. 2. Planning and development board findings and recommendations. After public hearing, the planning and development board may recommend to the governing body that the PUD zoning be granted, subject to stated stipulations and condition, or disapproved. In making its recommendations, the planning and development board shall find that the plans, maps and documents submitted by the applicant and presented at the public hearing do or do n9t establish that the applicant has met the requirements of Section 4 of these regulations applicable to zoning generally, and in addition: a. The requirements of unified control and agreement set out in Section 6; b. The locational standards set out in Section 8; c. The internal PUD standards set out in Section 9; d. The tract for the proposed POD is suitable in terms of its relationships to the city comprehensive plan and that the area surrounding the proposed PUD can continue to be developed in coordination and substantial compatibility with the POD proposed, including overall dwelling unit density and peripheral transitions in such density; e. That the desirable modifications of general zoning or POD regulations as applied to the particular case, justify such modification of regulations and meet to at least an equivalent degree the regulations modified, based on the design and amenities incorporated in the site development plan; f. That increased open space is provided for the occupants of the proposed POD and the general public, and desirable natural features indigenous to the site are preserved in the development plan presented. C. CONDITIONS AND STIPULATIONS. In recommending zoning of land to POD classification, the planning and development . board may recommend and the governing bOdy may attach suitable conditions, safeguards and stipulations, in Adopted April 4. l"S. Ord1aaace O'S.O~ 2.5-9 .ev1..CS . S10 {\ accord with standards set out in these zoning regulations and in this section. If the preliminary development plan and final development plan as set out in Section 11 below has not been commenced within eighteen (18) months of the date of zoning of land to POD, then the approval of rezoning shall be subject to review by the City Commission. The City Commission shall direct staff to submit to the City Commission an application which will down zone the property to the origina~ or appropriate zoning district. Following such direction by the City Commission, no new development permits affecting the property shall be issued by the city until a final determination is made by the City Commission following notice and public hearing. Upon written request of the applicant prior to the expiration of the POD classification, the City Commission may extend for one (1) additional year the period for commencing platting procedures. In granting such extension the City Commission may impose additional conditions to ensure completion of the platting process and conform the project to current development standards, and to protect the health, safety and welfare of adjacent developments. If the preliminary development plan and final development plan as set out in Section 11 below has not been commenced within eighteen (18) months of the date of zoning of land to POD, then the POD classification and LUI rating shall revert to original or highest zoning. A new plan approval shall be required with procedures as for a new application for zoning (including payment of fees) and no such new application shall have the effect of increasing the LUI rating as previously applied. Section 11. Preliminary and final development plans. Plans for development of land zoned to POD shall be processed in accordance with procedures established in the city subdivision regulations. The same information and date shall be in substantial compliance with the site development plan submitted as a part of the application for zoning to POD. In addition to the requirements of the city subdivision regulations, determined to be applicable, the following information shall be provided: ~ BUILDING LOCATIONS AND ARCHITECTURAL DEFINITIONS of all ~ structures proposed except for single family homes which are a part of the project shall be depicted on the preliminary plan or plat and the supplementary materials required. ~~MASTER LANDSCAPE plan depicting existing and proposed ;~vegetation and locations thereon on the site. FENCE, WELL AND PLANTING SCREEN locations, heights and materials. NU Adopead April 4, 1995. Ordinanca 095'O~ lIavi.ad 2.5-10 S11 ~.~ D. TABULAT~ONS analyzing the number of total gross acres in r . the proJect and the percentages thereof proposed to be ~ devoted to the several dwelling types, other ~. nonresidential uses, off-street parking and off-street \~ loading, streets, recreation areas, parks, schools and ,- ,"" J other reservations. Tabulations of total number of \J dwelling units in the project by types and the overall project density in dwelling units. These tabulations shall demonstrate relationship to the.LUl rating, Table 1, Section 4 of these zoning regulations. Once preliminary development plan and plat approval has been obtained the applicant shall proceed in accordance with the requirements of the subdivision regulations, determined to be applicable. In ad~ition to the plat certificates specified in the city subdivision regulations and prior to recording a final plat, the developer shall file, as specified at the time of zoning, a legally constituted maintenance association agreement for improving, perpetually operating, and maintaining the common facilities; including streets, drives, parking areas and open space and recreation facilities; or he shall file such documents as are necessary to show how the said common areas are to be improved, operated or maintained. Such documents shall be subject to the approval of the city attorney. Section 12. Changes in plans. Changes in plans approved as a part of the zoning to PUD may be permitted by the planning and development board upon application filed by the developer or his successors in interest, prior to the expiration of the PUD classification but only a finding that any such change or changes are in accord with all regulations in effect when the change or changes are requested and the intent and purpose of the comprehensive plan in effect at the time of the proposed change. Substantial changes shall be processed as for a new application for PUD zoning. The dete~ination of what constitutes a substantial change shall be within the sole discretion of the City Commission. Nonsubstantial changes as determined by the City Commission in plans shall not extend the expiration of the eighteen-month approval for the PUD classification. Section 13. Zoning administrator. Building permits. No building permit or certificate of occupancy or zoning compliance shall be issued in or for development in a PUD district except in conformity with all provisions of the zoning or PUD classifications and plans submitted under Section 11 of these zoning regulations. Adopted April 4. 1"5, OrdiDeDce 0'5-03 .ev1eed 2.5-11 . . . Art. I, S1 CHA.PTBR 3 MASTER PLAN RBVIBN Article Article Article Article I. II. III. IV. In General Applicability -Preapplication Conference Master Plan preparation and Submittal ARTICLE I. IN GBNBRAL Section 1. Purpose. The purpose of this chapter is to provide a procedure to review new developments, redevelopments and modifications to existing developments that require compliance with the development regulations of the City of Boynton Beach and promote development that is desirable, innovative, imaginative and compatible with existing development in the city. Section 2. Prerequisites to master plan. A. Zoning. B. Prior to consideration of any proposed subdivision under the terms of this ordinance, the area to be subdivided must have the appropriate zoning for the intended use. Suitability of land. Unless adequate methods of correction are formulated and approved in accordance with the provisions of this chapter, land which is determined to be unsuitable for subdivision due to poor soil quality, flooding or other features likely to be harmful to the health, safety and general welfare of future residents, shall not be subdivided. Section 3. ~dm;n;stration. For the purpose of coordinating, enforcing and administering this chapter, the director of development shall be the administrative officer, except that the director of planning shall be responsible for the review and administration of the pre-application process. Section 4. Technical review cOllDlittee (TRC). The director of planning will present all master plans to the TRC for review and comments before placement on the agenda of the City Commission. All plans shall have been signed by the appropriate members of the TRC prior to placement on the commission agenda. A4opta4 April.. 1"5. Or41nanca 0'5-02 3-1. Revi..d Art. I, 55 Section 5. Approval. Upon receiving the approval as prescribed for the master plan from the director of development, the developer shall coordinate the preparation of construction plans, the plat and the construction of required improvements directly with the office of the director of-development as hereinafter prescribed. ARTICLE II. APPLICABILITY Section 1. Master planning required. The following work shall be required to undergo master plan review: A. All new developments. B. All modifications to existing development that expand floor area, require increased parking, intensify the use of a structure or change the occupancy of a building. C. Exterior remodeling, alterations, modifications. D. Master plans for all planned developments shall comply with this chapter except that lot sizes, setbacks and other features preserving open spaces of scenic and useful value for common enjoyment established in Chapters 2 and 2.5 shall take precedence over this chapter in cases of specific conflict. Section 2. Bxemption to master pl::lnn;ng. The following work shall not be required to undergo master plan review: A. The construction of a single-family home or a duplex. B. Installation of fire sprinklers. C. Replacement of existing electrical components. D. Installation of fire alarms. E. Voluntary life safety responsive projects when endorsed by the fire marshal, development director and planning director. F. Master plan review may be waived by the planning and zoning director or designee based upon submission of written application; payment of fee; and all of the following: 1. If the remodeling, alteration, modification, development or redevelopment does not change the Adopted April t, l"S. Ordinance 0'S-02 Rev1.ecS 3-2 . . . Art. II, S2 . preexisting configuration of buildings or site or reduce emergency vehicle access; and 2. If there is no change of use which increases the required number of off-street parking spaces; and 3. If there is compliance with the land development regulations of the City of Boynton Beach. In the event a property owner or his agent disputes the planning and zoning director's determination regarding compliance, the work shall be subject to ~ri~. . ARTICLE III. PRBAPPLlCATION CORPBRBRCB. . The purpose of the pre-application procedure is to allow the developer and the directors of development and planning the opportunity to consult informally prior to th. preparation of the master plan and formal application. Section 1. Written preapplication. A written pre-application shall be submitted to the director of planning. The written application shall contain the following: A. Ten (10) copies of a written statement generally describing the condition of the site and the proposed development of the entire subdivision. This statement shall include but is not limited to data on existing covenants, location of utility facilities, soil characteristics and information describing the subdivision proposal including number of units, typical lot size, public areas, anticipated utility source and other information considered pertinent. B. Ten (10) copies of a sketch plan including the following on a twenty-four by thirty-six (24 x 36) inch sheet: A vicinity sketch showing the location of the land to be subdivided; approximate acreage; natural features such as low or swampy areas, streams, lakes or canals; identification of adjacent lands; a brief description of the land to be subdivided; name, telephone number and address of the developer; date; north arrow; streets; gene~al lot and block layout; layout of all adjoining streets; zoning classification of the tract and adjacent properties; location of existing improvements and any other significant features. . C. A fee as adopted by resolution of the City Commission is required with the pre-application, to help defray the cost of processing the pre-application. D. Ten (10) copies each of an existing tree survey and a tree management plan. Adopeed April 4, 1"5, Ordlaaace 0'5-02 ReVl..d 3-3 Section 2. Procedure. Art. III, S2 Upon receipt of the statement, plan and fee, the director of planning shall disperse copies to the city manager, TRC members, the city clerk and, if required, the city's consulting engineers. The director of planning will then advise the developer of the time and place of the planning and development board meeting. After consultation with the director of development and planning and development board, the developer may proceed with an application for approval of the master plan as required by this ordinance. ARTICLE IV. MASTER PLAN PREPARATION AND SUBMISSION Section 1. Preparation. The developer's Florida registered engineer, landscape architect, architect or surveyor shall prepare a master plan of the subdivision. The master plan shall be coordinated with the major utility suppliers providing services. Section 2. Submission. Ten (lO) copies of the master plan of the proposed subdivision must be submitted to the director of planning for placement on the technical review committee agenda. Section 3. Master plan content. When submitted, the master plan shall contain the following: l~~ A. Name of subdivision or identifying title which shall not 1~ ' duplicate or closely approximate the name of any other subdivision in incorporated or unincorporated areas of Palm Beach County. / B. A vicinity sketch showing the location of the tract in ) reference to other areas of the city or county. ,E. ~ N./ / F. .....'/ <;i.:-:; \.~/' G. lI'iV/ /(0) ------ C. North arrow, graphic scale, scale and date. D. Name, address and telephone number of the developer, the developer's agent, the engineer and the surveyor. The location, names and elevations of adjacent subdivisions, if any. The tract boundary. Topographical conditions on the tract including existing watercourses, drainage ditches and bodies of water, marshes and other significant features. Adoptad April 4. 1"5. Ordin.nca 0'5-02 .avi.ad (~Q The incorporation and compatible development of present and future streets as shown on the official city map when such present or future streets are affected by the proposed subdivision. Access points to collector and arterial streets showing their compliance to the access requirements established by this ordinance. ,L. All existing drainage district facilities and their ultimate right-of-way requirements as they affect the proposed subdivision. / ./ H. ~>:-' iY /--~-. I //~"'" ' . \_ /!" I" .::-- ': ~v .~ J. /:1 ~~ ',' ./ V . L, /-x. \..~ , ' . ,. cU5 I ,)0.....; i)//P. ('.iV '.' ' ! (() . Q. Art. IV, S3 Existing streets, alleys and easements on or adjacent to the tract including name, right-of-way width and street or pavement width. Existing streets shall be dimensioned to the tract boundary. Existing property lines, easements and rights of way, their purpose, and their effect on the proposed subdivision. M. Generalized statement of subsurface conditions on the property, plus location and results of tests made to ascertain subsurface soil conditions and groundwater depth. N. Zoning classification of the tract. Utilities such as telephone, electricity, water, sewer, gas, cable, etc., on or adjacent to the tract including- existing or proposed water treatment plants and sewerage treatment plants. A statement that all utilities are available and will be provided by appropriate agencies. Sites proposed for parks, recreational areas, and schools. R. The locations of all temporary structures or permanent structures having a temporary use. Master plans shall contain a statement outlining the temporary use and when they will be removed. ~-<-- // ! ~. ll'--''-. Ii~ r-i ./ ./' A subdivision that generates three thousand (3,000) vehicle single-directional trips per day or two hundred fifty (250) vehicle single-directional trips in anyone hour period must submit a traffic impact analysis not more than six (6) months old, prepared by a professional engineer competent in traffic engineering for use in determining the number of lanes and capacity of the street system proposed or affected by the development, and the phasing of improvements. ,@ llevi.ecS AcSopcecS April., 1"5, OrcSiaaaca 0'5-02 // T. ,,.-->yI 1\' -. ,~ ,~l'.fv ,(j.:"; I' . ~ .C U. , . (..0 \\ . J./ r"~ ~J-' .7 l' " ~ <; r.fIl (~'J I'A ~") il \l>'-l~/)~ t~~~~ 1~:~"'~.'.'l\i~tJltJOJrtJ ~~p o ~ V. l" Art. IV, S3 A master, storm water management plan outlining the primary and secondary drainage and storm water treatment facilities needed for the proper development of the subdivision shall be submitted along with the master plan. The master storm water management plan shall consist of an engineering drawing; a written report indicating the method of drainage; existing water elevations; recurring high water elevations; the proposed design water elevations; one hundred-year storm elevation; drainage structures; canals; ditches; storm water treatment methods; necessary percolation; detention and management areas; and any other information pertaining to the control and management of storm and ground water. In cases where modification or improvements are neither planned nor required for primary and secondary drainage facilities, this requirement may be met on the master plan. Upon filing the master plan with the director of planning, the developer shall pay a fee as adopted by resolution of the City Commission to help defray the cost of administering and processing the master plan and this fee is not refundable. If more than one resubmittal of the corrected or revised master plan is required by the TRC, an additional fee shall be charged for each resubmittal. Section 4. Technical review. Existing tree survey, and tree management plan. A. Upon receipt of the master plan and required data, the director of planning shall disperse copies to the members of the TRC and shall advise the developer of the time and place of the TRC meeting. The meeting of the TRC shall be held within ten (10) working days from the receipt of the master plan. B. The TRC shall review the master plan and required data with the developer. During consultation with the developer, the director of planning shall inform the developer whether the plan and data as submitted meet the provisions of this ordinance. 1. When the TRC finds that the master plan and required data do not meet the provisions of this ordinance, it shall advise the developer what corrections or revisions are necessary and shall, within five (5) working days, express ~he reasons in writing to the developer. The developer shall then make corrections or revisions and resubmit the master plan and required data to the director of planning for dispersement to the members of the TRC. The planning director shall reschedule the matter for review and r0 aevi.ed Adapted April 4, 1"5, Ordiaaaca 0'5-02 Art. IV, !i4 inform the developer as to the time and date of the meeting. 2. When the TRC finds that the master plan and required data meet the provisions of this ordinance, TRC members shall sign the master plan indicating approval and transmit the master plan to the planning and. development board which will (subject to approval) then authorize the developer to proceed with the preparation of construction plans and plat as required by this ordinance. The planning and development board shall express its actions in writing to the developer within five (5) working days and return to him a signed copy of the approved master plan. Adopted April 4. 1"5. OrdiDeDce 0'5-03 .ev1eed /8 / ---- :;;.;r -; r 4 .:. , ::";} . \ 1 I , '- .' '., !, r ' I " " ,.~._ : r.~ .<~; "k'.: ,.:_~ ~ >' .....J CO r if) W 0:::: U <:( W <.f) '. ) , , 0 f'0 l"- t'-- I- Z 1 CD llJ , ,-..., . 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" " D~LRAY" ( 561 r 2 HILLS AT LAKE EDEN PRESERVATION AREA MANAGEMENT PLAN NOVEMBER 1995 PREPARED FOR NEWPORT PROPERTIES Prepared By: C&N Environmental Consultants, Inc. 222 South U.S. Highway 1, Suite 201 Tequesta, Florida 33469 (407) 744-7420 HILLS AT LAKE EDEN PRESERVATION AREA MANAGEMENT PLAN 1.0 INTRODUCTION A + 15.0-acre parcel located in Sections 4 and 5, Township 46 South, Range 43 East, Palm Beach County, Florida, has been proposed for residential development and designated as Hills at Lake Eden. The parcel was systematically surveyed for an environmental assessment conducted in compliance with the City of Boynton Beach's Vegetation and Environmentally Sensitive Lands Ordinance (Chapter 7.5, Article IV), and is therefore, compatible with the definitions and provisions set forth in the ordinance. Field surveys were conducted in August and September 1995 to: 1) identify, locate, and characterize all native vegetative communities and wildlife habitat on the project site; 2) analyze the functional viability and quality of existing habitat; 3) identify the presence of any flora or faunal species listed for protection by the U.S. Fish and Wildlife Service (USFWS), the Florida Game and Fresh Water Fish Commission (FGFWFC), or the City of Boynton Beach; 4) delineate areas with significant ecological value for preservation; 5) identify areas of previous alteration or degradation; and 6) identify surrounding land use and associated impacts. Data collected during the surveys was used to target specific species and habitats for future protection 2.0 SITE DESCRIPTION A. Site Location The Hills at Lake Eden development site is located between Seacrest Boulevard and Swinton Avenue along the southern boundary of the City of Boynton Beach, Florida (Figure 1). The site is bordered on the north by St. Joseph's Elementary School and on the east and west by residential developments. Lake View Baptist Church is located south of the parcel. The site is surrounded by development and has been significantly impacted by exotic infestation and human disturbance. The center of the site, although containing numerous native scrub species, suffers from the lack of habitat management. The site is not identified on Palm Beach County Environmentally Sensitive Lands Map. B. Soils Soils include St. Lucie sand and Myakka sand. A little more than half of the western portion of this site overlies St. Lucie sand. The Palm Beach county Soil Survey states that this soil is nearly level to sloping, excessively drained, deep and sandy and is located on long narrow, dune-like coastal ridges. The water table is below a depth of 6 feet, and building development has few or no limitations. The soil on the eastern portion of the site is Myakka sand, which is typical of pine flatwoods. The Palm Beach County Soil Survey states that C&N Environmental Consultants, Inc. 1 November 8, 1995 I-IILLS OF LAI(E EDEN FIGURE 1: " SITE LOCATION MAP '. . . ~t-:'~i,:"<:";"",;:'i":",, ' , :lfi ~,~...~~::":""...."~..,;,,,,:..,, .'.. . Myakka sand is a nearly level, poorly drained, deep, sandy soil. It is in broad, flatwood areas and the water table is within 10" of the surface two to four months in most years, 10" to 40" for six months in most years, and recedes to below 40" during extended dry periods. A ridge occurs north-south through the approximate canter of the parcel. A clear ecotone occurs from east to west as the vegetative character reflects the change in the underlying soil profile. C. Vegetative Communities 1. 411 - Disturbed Scrubby Flatwoods (4.0 acres) The disturbed scrubby flatwood community is the highest quality habitat on the parcel and has experienced minimal recent disturbance. Sand pine scrub, oak scrub, and xeric oak hammock has been included in the scrubby flatwoods community due to the small area of each habitat type and the dominance of slash pine (Pinus elliotti). The canopy is dominated by slash pine which is generally open. Other canopy species include sand pine (Pinus clausa), scrub live oak (Quercus geminata, Q. myrtifolia, Q. chapmanil), silkbay (Persea humilis), and Brazilian pepper (Schinus terebinthifolius). The community transitions from the east up the ridge from pine flatwoods to more xeric scrub communities. Historically, the ridge canopy was mostly sand pine but human disturbance and clearing activities have resulted in a loss of most of the sand pine. One large sand pine still exists and several small recruits were observed nearby. The preservation areas comprise the highest quality scrub/scrubby flatwood areas existing on the parcel. Understory species include saw palmetto (Serenoa repens), cabbage palm (Sabal palmetto), lovevine (Cassytha filiformis), rusty lyonia (Lyonia ferruginea), tarflower (Refaria racemosa), tallowwood (Ximenia americana), pawpaw (As imina reticulata), and pennyroyal (Piloblephis rigia). Ground cover species include gopher apple (Licania michauxil), prickly pear cactus (Opuntia compressa), shiny blueberry (Vaccinium myrsinites), reindeer moss (Cladina sp.), wiregrass (Aristida stricta), golden aster (Heterotheca subaxillaris), palafoxia (Palafoxia feayl), beautyberry (Callicarpa americana), and silkgrass (Pityopsis graminifolia). Wild grape (Vitis sp.), earleaf acacia (Acacia sp.), areca palm (Chrysalidocarpus sp.), mimosa (Albizia julibrissin), and umbrella trees (Scheffelera brassia actinophylla) also occur in areas of former disturbance near the edges of this community. With management, much of this area will be restored to optimal conditions. Lack of fire and other associated management has resulted in areas overgrown with extensive areas overgrown with wild grape, greenbriar (Smilax sp.), and exotic vegetation resulting in numerous dead canopy species. With management, the preservation areas may provide habitat for numerous wildlife species endemic to scrub habitat. All gopher tortoise burrows located in this parcel were excavated per FGFWFC Permit No. WR95198 and relocated off-site. The small cabbage palms were initially considered to be scrub palmetto (Sabal etonia), but on close re-examination, the C&N Environmental Consultants, Inc. 3 November 8, 1995 fruit were determined to be too small measuring approximately 5-8mm instead of 10mm or greater for the fruit of scrub palmetto. 2. Disturbed/Previously Cleared (+ /-11. 0 acres) Investigation of aerial photographs from 1965 to present indicate that approximately two-thirds of the site has been cleared of native vegetation at various times. These areas include the southern and western portions of the parcel. The eastern 300 feet of the parcel was recently cleared of all understory vegetation. The slash pine canopy remains intact. The property was likely used for landscape nursery operations as indicated by the dense forest of swiniam cherry (Eugenia uniflora) on the south portion of the site and exotic landscape vegetation such as schefflera (Brassia actinophylla), mango, royal poinciana (Delonix regia), ficus (Ficus benjamina), areca palm, mimosa, castor bean (Ricinus communis), and other nursery vegetation. Brazilian pepper dominates large areas on the south and western portions of the parcel as well as most of the perimeter of the site. Scrub species occur sporadically, but are out- competed by exotic vegetation. The remaining saw palmetto are overgrown with wild grape and Brazilian pepper. The preservation area includes a small portion of this community on the western extent of the preserve. These areas will be restored per Section 6.0 of this plan. D. Wildlife Use Wildlife known to occur on this parcel include several species of mammals and birds such as raccoon (Procyon lotor), cottontail rabbit (Sylvilagus floridanus), opossum (Didelphis marsupialis), gray squirrel (Seivrus carolinensis), mourning dove (Zenaida macroura), common flicker (Colaptes auratus), and mocking bird (Mimus polyglottos). Gopher tortoise (Gopherus polyphemus) were observed on the parcel and commensal species could occur. 3.0 LISTED SPECIES SURVEY A list of potentially occurring state and federally protected species was compiled prior to field survey to develop specific survey methodology to accurately determine the presence or site utilization of protected species (Tables 1 and 2). Plant and animal species determined to be endangered, threatened, or of special concern by the U.S. Fish and Wildlife Service (USFWS) and FGFWFC were evaluated for the potential of occurrence on the Hills at Lake Eden parcel based upon known or expected population distribution and range, preferred habitat types, and documented occurrence. A listed species field survey was conducted throughout the parcel in an effort to observe any sign of site utilization of protected species. Weather conditions during the survey varied from rainy to sunny. Temperatures were mostly in the high eighties to low nineties and wind speeds ranged from 5 to 10 mph. Survey C&N Environmental Consultants, Inc. 4 November 8, 1995 TABLE 1. LISTED WILDLIFE SPECIES POTENTIALLY OCCURRING ON THE HILLS AT LAKE EDEN PARCEL. Common Name Scientific Name FGFWFC USFWS Occurrence Eastern indigo snake Drymarchon corais couperi T T Possible Gopher tortoise Gopherus polyphemus SSC UR2 Observed Florida pine snake Pituophis melanoleucus SSC UR2 Unlikely Florida mouse Podomys floridanus SSC UR2 Possible Gopher frog Rana areolata aesopus SSC UR2 Possible Southeastern kestral Falco sparverius paulus T C2 Unlikely Red-cockaded woodpecker Picoides borealis T E Unlikely Sherman's fox squirrel Sciurus niger shermani SSC C2 Unlikely Florida scrub jay Aphelocoma coerulescens T T Unlikely E = Endangered T = Threatened SSC = Species of special concern UR2= Under review for listing C2 = A candidate for Federal listing FGFWFC = Florida Game and Fresh Water Fish Commission USFWS = United States Fish and Wildlife Service TABLE 2. LISTED PLANT SPECIES POTENTIALLY OCCURRING ON THE HILLS AT LAKE EDEN PARCEL. Common Name Scientific Name FDA USFWS Occurrence Curtiss milkweed Asclepias curtissii E Unlikely/Not observed Four petal pawpaw Asimina tetramera E E Unlikely/Not observed Scrub mint Conradina grandiflora E C2 Not observed Prickly pear cactus Opuntia compressa T Present Nodding pinweed Lechea cemua E C2 Unlikely/Not observed Scrub palmetto Sabal etonia T Possible/Not observed Wild pine Tillandsia spp. T Present E = Endangered T = Threatened SSC = Species of special concern UR2 = Under review for listing FDA=Florida Department of Agriculture and Consumer Services USFWS = United States Fish and Wildlife Service hours varied throughout the day. Early morning surveys were conducted to document bird utilization and late afternoon surveys facilitated observations for mammalian species. With the exception of the gopher tortoise, prickly pear cactus (Opuntia compressa) and wild pine (Tillandsia sp.), no other listed species were observed on the parcel. Wildlife surveys indicated four (4) tortoises occurred on the parcel. These tortoises (2 males and 2 females) were captured and relocated in the preserve area at Big Cypress per FGFWFC Permit No. WR95198 on September 8, 1995. 4.0 RESPONSIBILITIES OF THE DEVELOPER The following management plan shall be used to govern all activities or concerns relating to preservation areas and conservation easements noted on the development plan. The goal of this plan is to assure the continued viability of all preservation areas and/or conservation easements within the Hills at Lake Eden parcel. The developer and Homeowners Association (HOA) will be responsible for the implementation of this plan through its contractors. No alterations are permitted to this plan or within the preservation areas and/or conservation easements without prior approval from the City of Boynton Beach. The objective of the Hills at Lake Eden Management Plan is to ensure that the natural integrity of the preservation area will remain undisturbed throughout construction activities and in perpetuity. The scope of the work is as follows: -Designation of preservation areas and conservation easements -Clearing, grubbing, and debris removal - Excavation or fill activities -Implementation of Management Plan A. Designation of Preservation Areas and Easements The owner or his assignee shall delineate all preservation areas and appropriately mark these areas to prohibit encroachment during clearing and grubbing activities (Attachment I). Appropriate markings shall include but not be limited to orange vinyl barrier fencing attached to 5' 2"x4 lumber installed 15' apart around the entire perimeter of the preserve. All fenced areas shall be inspected by the City of Boynton Beach prior to clearing and grubbing. B. Clearing. Grubbing. and Debris Removal To prevent damage to preserve vegetation during clearing and grubbing activities, the perimeter of the preserve will be root-pruned to a depth of 4 feet at least 3 weeks prior to clearing. The root-pruning will occur 2' outside the preserve boundary. Trees, shrubs, stumps, etc. shall be disposed of in accordance with local, state, and federal regulations. Other domestic C&N Environmental Consultants, Inc. 7 November 8, 1995 debris and household trash shall be removed from the site and disposed of in an approved landfill site. C. Excavation/Fill Areas Excavation/fill limits shall be marked by the owner or his assignee. Grade changes adjacent to upland preservation areas will be engineered so that any cut or fill will not encroach on any preservation areas or allow surface water runoff to sheet flow into or out of the preservation area. Placement of the fill shall be accomplished by the contractors at the direction of the owner or his assignee. Prohibited activities in the preservation areas include but are not limited to: construction or placing of building materials on or above the ground; dumping or placing soil or other substances such as garbage, trash, and cuttings; removal or destruction of native trees, shrubs or other vegetation unless previously outlined in the Hills at Lake Eden Management Plan; excavation, dredging, or removal of soil material, diking or fencing, recreational vehicle use, and any other activities detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife habitat conservation or preservation. No alterations are permitted within the preservation areas and easements without prior approval of the City of Boynton Beach. D. Drainage Calculations See Attachment II. E. Implementation of Management Plan The following Management Plan has been designed to conform with all state, county, and City of Boynton Beach guidelines which are in place for the protection of listed species and associated habitat allocated for the preservation areas. 5.0 MECHANICAL MANAGEMENT A. Purpose Mechanical management of vegetative communities in the preservation areas will be implemented to maintain and enhance the habitat and wildlife values for plant and animal species occurring within the preservation areas. While somewhat more intrusive and less natural than fire as a management tool, mechanical measures have been successful in achieving the ecological objectives of habitat management. C&N Environmental Consultants, Inc. 8 November 8, 1995 B. Objectives Beneficial results from mechanical management includes opening the canopy to allow sunlight to penetrate the forest floor and increase herbaceous growth. This opening of the canopy allows the regeneration of canopy species and decreases the density of overgrown understory species to prevent succession to senescent scrub. Regularly implemented mechanical management effectively arrests plant succession, maintaining the xeric oak/sand pine scrub in a state most beneficial to indigenous wildlife species. C. Mechanical Management Prescription Mechanical methods of managing scrub habitat, although still experimental, will be used in the Hills at Lake Eden preservation areas where burning is prohibited because of safety constraints. This prescription minimizes adverse impacts whenever possible to protect the ecosystem under management and maintain the natural integrity of the preservation areas. Mechanical management, though thought to be less beneficial than fire management, may be implemented to achieve management objectives. In many instances, weather conditions, droughts, smoke sensitive areas, or other considerations prohibit the use of fire as a management tool. Mechanical management has been selected because it is more effective in opening up small areas of overgrown vegetation and to achieve the management objectives. Mechanical management is considered more destructive to soil, seed source, and wildlife than fire. However, periodic management may prevent the encroachment of woody perennials and maintain young oak trees which are more susceptible to fire damage. Hand clearing alleviate soil and seed source damage. The xeric oak canopy in the preservation areas is closed and in need of selective thinning. The understory is overgrown with exotic vegetation and prevents the sunlight from penetrating the ground floor, effectively eliminating herbaceous growth. This also, reduces foraging area and travel corridors for other wildlife species. The overgrown understory also effectively prevents the successful reseeding of young oak and understory species in much of the preservation area. Without some management, the scrub community will offer very little habitat value for wildlife species. The mechanical prescription for the Hills at Lake Eden preservation areas proposes to use selective thinning for canopy species. Selective thinning by chainsaw of the canopy should be implemented manually on up to ten percent (10%) of the oak scrub community to open up the area for reseeding and to increase the quantity and quality of herbaceous ground cover. This technique should be implemented approximately every 7-10 years. Minimal soil disturbance should occur so as not to lose the native seed source. Exotic vegetation removal will comprise the primary management component. Areas of extensive exotic removal will be re-planted with containerized vegetation. C&N Environmental Consultants, Inc. 9 November 8, 1995 Track equipment will be discouraged in the preservation areas as root systems within the oak community are especially sensitive to such compaction. All management will be implemented and debris removed by rubber tired equipment or by hand (chainsaw). All other native vegetation in the preservation areas will remain undisturbed and special care will be taken to avoid disturbances to soils and sensitive ground cover species. Selective thinning of dense oak should not occur in areas with exceptional growth of Tillandsia species. With careful management, a mosaic of habitat types can be maintained and protected for this unique values for the likely benefit of all the inhabitants. 6.0 HABITAT RESTORATION Vegetation species for habitat restoration include, but are not limited to, the following: Scrub palmetto (Sabat etonia) Cabbage palm (Sabal palmetto) Saw palmetto (Serenoa repens) Sand pine (Pinus clausa) Sand live oak (Quercus germinata) Zamia (Zamia floridana) Chap mans oak (Quercus chapmanii) Myrtle oak (Quercus myrtifolia) Runner oak (Quercus minima) Scrub mint (Conradina grandifolia) Gopher apple (Licania michauxii) Herbaceous material shall be installed using containerized nursery stock with trees planted 10' o.c. and understory planted 3' o.c. Spacing to mimic the natural plant association (i.e., informal groupings with staggered heights and mixed species) will be attempted where possible. No plant relocation will occur into the preservation areas. All planted material will be containerized. The planting must be approved by the City of Boynton Beach prior to installation. 7.0 LONG TERM MANAGEMENT The Hills at Lake Eden preservation areas will be maintained as natural habitat in perpetuity by the HOA. The prescribed management techniques will be implemented approximately every 7-10 years to achieve the management objectives set forth in this plan. A 3' setback at the back-of-Iot will be sodded and maintained. The setback area will be mowed at regular intervals to prevent recolonization of weedy and exotic species. Any proposed nature paths in the preservation areas also will be maintained at regular intervals to provide safe access for members of the community. C&N Environmental Consultants, Inc. 10 November 8, 1995 Prior to management activities, all required notices and necessary permits will be submitted to the City of Boynton Beach. Every effort will be made to protect listed species and other sensitive resources during implementation of the management plan. A. Additional Management Techniques 1. Exotic/Nuisance Species Removal and Control Any Brazilian pepper, Australian pine (Casuarina equisetifolia), melaleuca (Melaleuca quinquenervia), or other exotic vegetation will be removed from the preservation areas. Brazilian pepper should be removed from the preservation areas using the chemical control described in the following section. Debris less than 8" in diameter (DBH) will be chipped on site and used as mulch where needed. Vegetation debris larger than 8" DBH will be hauled off site to an approved landfill. 2. Garlon 3-NfP Garlon 3-A- Tricolpyr (3,5,6 - Tricholoro-2-pyrid inxloxyacetic acid) will be used by a licensed operator to eradicate Brazilian pepper trees in the Hills at Lake Eden preservation areas. The trees will be cut-stumped. The cut surfaces will be sprayed or painted with Garlon 3-A@ (undiluted). Garlon 3-A@ will be applied by a person licensed by the State of Florida to handle restricted chemicals. Every precaution will be used to contain the chemical to the application site. The fallen trees will be removed via a haul route resulting in minimal disturbance to soils and native vegetation remaining in the preservation areas. 3. Maintenance and Monitoring After the initial Garlon 3-A@ treatment, the site will be monitored quarterly for a period of one year by qualified environmental professional. Regrowth stumps will be cut and retreated with Garlon 3-A@ at a rate of 3ml per cut at 4-inch intervals. Regrowth greater then one inch DBH will be cut-stumped and treated with Garlon 3-A@ at a rate of 1ml/inch DBH to ensure 100 percent eradication. The preservation areas will be monitored quarterly for the first year for the re-emergence of exotic species. All new growth will be hand removed. At the end of one year (maintenance and monitoring period), a letter report will be sent to the City of Boynton Beach to summarize the implementation and success of the Preservation Area Management Plan. If exotic species invasion continues, at this time, to be a problem, new eradication techniques will be implemented in coordination with the City of Boynton Beach Environmental Staff. The preservation areas will be monitored annually thereafter for a period of two years if the eradication program is deemed successful at the end of the first year. C&N Environmental Consultants, Inc. 11 November 8, 1995 8.0 REPLACEMENT AND ENHANCEMENT PROGRAM The highest quality scrub habitat occurring on the Hills at Lake Eden site will be maintained as viable habitat per the intent of Chapter 7.5, Article IV of the City of Boynton Beach ordinance. All planted scrub material will comply with the requirement of the city landscape ordinance. Proposed upland buffer areas on the project site will be available for relocation of native plant species and enhancement as scrub oak habitat. Every effort will be made to preserve protected plant species occurring on the project site. Additionally, use of native plant species adapted to the xeric soils will be utilized for natural xeriscaping and minimize future water consumption for preservation areas maintenance. Surface water management plans will be designed to insure no runoff will occur into the preservation areas so as to further ensure the long term integrity of the preservation areas. Included in the enhancement program will be the clean up of the dump sites within the preservation areas. Some heavy equipment will be required, but no track vehicles will be employed. Established haul routes will be utilized in the removal of dumped materials. The preservation areas will be surveyed prior to construction activities and designated as a preservation area with surveyor stakes and protected by orange barrier fencing. Upon project completion, signs will be posted along the perimeter of the preservation areas behind every lot designating the area as a preserve area. Passive recreational features will be maintained within the preservation areas. A buffer comprised of sod will be maintained along the 3' setback along the perimeter of the preserve of the area on the Hills at Lake Eden site. 9.0 PROHIBITED ACTIVITIES The upland preserve areas will be maintained in perpetuity or throughout the history of the project. The following activities are prohibited within the areas: * Construction or placing of buildings, road signs not related to nature education information, billboards or other advertising, utilities and drainage easements or other structures on or above the ground. * Dumping or placing of soil or other substances or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials. * Removal or destruction of trees, shrubs, or other vegetation with the exception of exotic and/or nuisance vegetation removal. * Excavation, dredging, or removing of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface. * Surface use except for purposes that permit the land area to remain in its natural condition. C&N Environmental Consultants, Inc. 12 November 8, 1995 * Any improvements proposed for the back of lots that will change the natural integrity of the preservation area. * Diking or fencing, and any other activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation or fish and wildlife habitat conservation or preservation. * Acts or uses detrimental to preserve areas. * Surface water sheet flow into or out of the preserve area. 10.0 ENTITY RESPONSIBLE FOR MANAGEMENT The Hills at Lake Eden HOA will be responsible for the long term management of Hills at Lake Eden preservation areas. The purpose of the on-site preservation areas is to provide viable and functional habitat for the endemic wildlife of this area and maximize the potential for long-term sustainability of the oak/sand pine scrub habitat. Primary management is for endemic scrub wildlife currently utilizing the site and vegetative health. Management and maintenance of the preservation areas and easements will consist of monitoring for plant health and invasion of exotic species, specifically, Australian pine, melaleuca, and Brazilian pepper. Initial removal of exotic plans shall occur during clearing and grubbing activities. Follow-up monitoring and exotic removal shall occur quarterly for the first year. Stumps of exotic species shall be treated with an approved herbicide to inhibit regrowth and shall be applied following local, state, and federal guidelines. Prohibited activities in the preservation areas include, but are not limited to construction or placing of building materials on or above the ground, dumping or placing soil or other substances such as garbage, trash, cuttings, removal or destruction of native trees, shrubs, or other vegetation unless previously outlined in the Preservation Area Management plan, excavation, dredging, or removal of soil material, diking or fencing, recreation vehicle use, and any other activities detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife habitat conservation or preservation. The City of Boynton Beach shall have the right to enforce the provisions of the Hills at Lake Eden Preservation Area Management Plan through any available administrative or civil proceedings which may result in penalties, appropriate revegetation and other remedies as against any person, corporation, or other entity in violation of any of the provisions of the Preservation Area Management Plan. C&N Environmental Consultants, Inc. 13 November 8, 1995 ,.- 11.0 TEMPORARY IRRIGATION A temporary irrigation system will be installed within all restoration areas. New plantings will be watered daily for a period of 60 days and weekly for an additional 60 days. This will ensure survival of the newly planted vegetation. 12.0 FINANCIAL RESPONSIBILITY The Hills at Lake Eden HOA will be responsible for the financial obligation of the preservation areas. Newport Properties will be responsible for initial implementation of the management plan prior to and during construction. C&N Environmental Consultants, Inc. 14 November 8, 1995 ATIACHMENT I PRESERVATION AREAS ATTACHMENT II DRAINAGE CALCULATIONS punD Fa.x 3054269669 No\! 07 15:18 Gentry Engineering and Land Surveying, Inc. P.O. BOX 243 DELRAY BEACH, FLORIDA 33447 PHONE: 272-1924 mber lerican Society of Civil Engineers erican Congress of Surveying & Mapping November 3, 1995 Memb, rlorida Society I Professional Land Surveyo Mr. Kevin HallahanJ Forester/Environmentalist Parks and Recreation Dept. City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Fl. 33425-0310 Attn: Mike Haag, Site Developer Administrator Planning and Zoning Dept. Re: Hills at Lake Eden Dear Kevin, We are confirming by this letter that the conservation areas will be perpetually protected from storm runoff being directed into the preserve areas both during construction and following construction, after the single family homes have been built to protect said areas in their natural state with the exception of permitted maintenance and clearing of the prohibitive species. If you should have any questions regarding the above, please contact my office. Sincerely, GENTRY ENGINEERING AND HILLS OF LAKE EDEN GOPHER TORTOISE RELOCATION SEPTEMBER 1995 PREPARED FOR: MR. FRANK PINTO Prepared by C&N Environmental Consultants, Inc. 222 South US#l, Suite 201 Tequesta, Florida 33469 (407) 744-7420 HILLS OF LAKE EDEN GOPHER TORTOISE RELOCATION I. INTRODUCTION A 15 acre parcel of land located in Sections 4 and 5, Township 46 South, Range 43 East, Boynton Beach, Palm Beach County, Florida is owned by Mr. Frank Pinto and is permitted to be developed as the Hills of Lake Eden. A gopher tortoise (Gopherus polyphemus) burrow survey was conducted on the parcel on August 7, 1995. A Gopher Tortoise Relocation Permit Number WR95198 was issued on August 28, 1995. The permit authorized the relocation of up to four (4) tortoises. C&N Environmental Consultants, Inc. performed the excavation and relocation of the tortoises. II. GOPHER TORTOISE RELOCATION The gopher tortoise relocation was conducted on September 8, 1995 using a backhoe and the following methodology. The methodology I isted below was followed throughout the relocation effort to ensure the well-being and health of the relocation tortoise population: 1. Active and inactive tortoise burrows were excavated with a backhoe to within 4' of the end of the burrow or tortoise and the remainder excavated by hand. A garden hose marked at one foot intervals was inserted in the burrow mouth prior to and throughout the excavation to indicate length of burrow remaining to be excavated and to prevent loss of the burrow in event of cave-in. 2. Captured tortoises and burrow commensals were held and transported to the preservation area in individual large garbage cans with soil in the bottom, under shaded and sanitary conditions. Care was taken to avoid any physical or stress related damage to in-transit tortoises. Gloves were used at all times to handle the tortoises and a diluted bleach solution was sprayed on the gloves before handling individual tortoises. 3. Tortoises were examined prior to relocation for signs of upper respiratory tract disease (URTD). Any tortoise with a runny nose or eyes, difficulty breathing, or other disease symptoms would be immediately isolated from other tortoises. Procedure calls for notification of the FGFWFC and the tortoise to be taken to a wildlife veterinarian for examination, blood sample, and appropriate treatment and/or disposal. C&N Environmental Consultants, Inc. 1 September 12, 1995 4. Each tortoise was examined for parasites, specifically gopher tick (Amblyomma tuberculatum). All parasites were removed from the tortoise prior to relocation. 5. Prior to release, each relocated tortoise was sexed, measured, and permanently and uniquely marked by scute notching as per FGFWFC guidelines. 6. Each relocated tortoise was released at a starter burrow in the recipient area with access to shade nearby. III. RELOCATION RESULTS Four (4) adult gopher tortoises, 2 females and 2 males, were captured on the Hills of Lake Eden parcel and relocated to starter burrows in the preserve area located at Big Cypress. The Excavation Data Summary and Relocation Summary Tables are attached. No commensal species were observed or captured during the relocation effort. All burrows were scoped with an infrared video camera prior to excavation. All the tortoises were examined for signs of Upper Respiratory Tract Disease (URTD) and parasites. The tortoises all had clear eyes and noses and were energetic. The tortoise weights were consistent with healthy adult tortoise weight of similar size. Numerous gopher ticks were observed on the tortoises and were removed prior to relocation. The release area, located at Big Cypress, has a good forage base and adequate habitat availability to sustain the additional tortoise population. The population at Big Cypress now totals 109 tortoises. This represents a viable population with potential to persist well into the next century given good habitat management and protection. 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Ill' '. ; ,';' . \ \/-A~ ~ .. /~~~. ~~"', - ...,11' ~ . ",' < '. .. '\ \" , I' tf ~' - , r , ~", '. '-,' '1: ;- ~!', . ,. i //.~ \. ;- .- I ~ ... ..~ ,.... ~ .\ \. '...,:.... ~ <,- , ,:; \-' , 1./ :J.' ">"\:'#':~"}~ ~:' , c"., ~ _. '.,'<..\... !.~ J " "f'; ~ .c~ ,:.JL,A.~ - '/ (, 'J> --L ,-I, ,,' :"I...~\ '>....._.:' ":, >, .----~,~~~.A?<,'-;.)..' ",~ l' ::"7.l) ,'.. -- /'':;''?\U~~t;r: :.. :', re \/~'~~.~ ..-r..._".....' ,~, ';~".,. ,'_ __ , _ , " -., - ,;"';;-,,: 'r.. ,'- .'.- ...(' c..i" .'~ '/, '_ \. '.0;, '~, '"!" '. .. ,- ~,. ,_ "~ t . / '" . \ \ ".';~:z::?::.;:; l-'..~, :~I '. . -, '. ;' ", \ .~... ..,,_"-t~ ' .. ... >..;..~~..-:r;,~ .. ~ \ _ . '- ~ ". ,~:;,~ ~} ]i-, \ ........,;._: ,1... I" . , ~~ --IV'.': , _ ".'-- -', /,) #-1-- (j .r' .. . '~:>~r~' "~:~,, !,:,~ ~ <~ :',. . J..' . ~ .': "', '" c.., '" \ "~ It, L..--:.~. ,~., J · " . , ." ~ . . ,.r ". ,'~, J., , .,/<.~!.,-~~. ;'.~..<.:~.- ~J\_--='.._'~::::-~:1-.:J ~._ '.\: . :'-).: - . ""., . --L n -"<. C, '.- '. ....~>"-"h,. ..~ . -.,. -~.. ", '. . .. " . . ". -C<"." ',.;-~? '<:i~.,~;-'..~.!, .' '~';'i \~. ". .~:~-~;~. ",," .~,.. /- /.-.: -,4 ~I.~ J , '. I ~~. ~,.,'... " , 'il ,I .. r"... 4Il; i ,:'J, --:, ( , + PHOTO 1: GOPHER TORTOISE BURROW PRIOR TO EXCA V A TION PHOTO 2: EXCAVATION OF THE BURROW HILLS OF LAKE EDEN PHOTO 3: EXCA V A TION OF BURROW PHOTO 4: AREA "FILLED IN" AFTER EXCAVATION REPORT FORM FOR GOPHER TORTOISE RELOCATIONS PERMITfEE: C1~ll,'<L L<tr ~l;;'...\'E:R PERMIT NO: vJ~'\S\ <\ ~ ADDRESS: t.....~ ~M\J\r\~..lME~\A\.. C()N"'vSl.-\~V-\S ;}';}.'d- SClvk~ \),<;.1 S\M-~~~t>\ TE~t.S.\I\) \=-L 331.\\09 PHONE NO: tl01) 1t1~ -lL\'d.O DONOR SITE: County: ?~u.\ ~E~c.\4 Township: ~~-S Range: 4~c",~-r Section: &.\ ~5" NAME OF DEVELOPMENT: J \ Ih DF LA\<.(, tOe,..! NO. ACTIVE PLUS INACTIVE BURROWS: 1 NO. TORTOISES CAPTURED: L.\ METIlOD OF CAPTURE: B",c'cll-lt>{. /Mr!ttJO CAPTURE DATE: q I ~ I q s I RELEASE DATE: ~ C\ \<15"" NUMBER OF MALES': ;;l. MEAN CARAPACE LENGTII: NUMBER OF FEMALES2: ;:2 MEAN CARAPACE LENGTII: NUMBER OF IMMATURES: MEAN CARAPACE LENGTII: 315".D 3J1.S mm mm nun RECIPIENT SITE: County: ~f.Nb'll.'i Township: 1.\ g Range: 3 ':) Section: '1 OWNER: 5e.,jV\\,..Jo\!:.. ~\~(. 6(- T\ OK.'\~f\ HABITAT TYPE: y,^,QI'I\~\'\-o \)~p\ \~i(. ACREAGE AVAILABLE TO TORTOISES: \ q C).. D NUMBER OF ACTIVE AND INACTIVE BURROWS PRESENT: L\ 1 TYPE OF PROPOSED MANAGEMENT: '8~\,.JCA I MEL~A,.J\<.....L /V'A,.JM:,ef'\.w-t \ I . , COMMENTS: 'Se~It/'lL ,\l>~~Q.. 1-\ <.1( <::. W (A.R,. ~eMovE..\) Jw\'\N~ R..&o~\o..\. , Al \ '" 1- Rc.e\~\e:.v\ SITe. tORn'Sot So W~ ~~.jA"'~ Ufo~ Ml{~t IFor comparison purposes, include only tortoises greater than 170 mm CL with concave plastrons. 2For comparison purposes, include only tortoises greater than 220 mm CL with flat plastrons. W666 GTj(ELOC, FRM Revi$eJ MOT<'h 20, 1995 ~~~ ENVIRONMENTAL CONSULTANTS, INC. 222 SOUTH U.S. HIGHWAY ONE, SUITE 201 TEQUESTA, FLORIDA 33469 (407) 744-7420 (407) 744-2887 LETTER OF TRANSMITTAL TO: Mr. Frank pinto DATE: September 18, 1995 Newport Properties RE: Hills of Lake Eden 320 SE 2nd Avenue, #B-6 Deerfi~ld Beach, FL 33441 JOB NO. : 94-042 We are sending the following items: No. Unit Description 1 2 Hills of Lake Eden Gopher Tortoise Relocation Report --.,.., ._*'....-,.._~.. '-, -"- ;' ,_...n '~Jj '~S'5 iJ:s,..- These are transmitted as checked below: For Approval Hand Deliver Ovenight Mail Pick Up X Regular Mail As Requested For Your Use Sign\Return For Review For Comment Remarks: Do not hesitate to call should you have any questions. Signed by: . WfC RYL . Copy to: Tdfu Stice, FGFWFC Kevin Hallahan, City of PRESIDENT SR. BIOLOGIST Boynton Bch. HILLS OF LAKE EDEN GOPHER TORTOISE RELOCATION PLAN AUGUST 1995 PREPARED FOR MR. FRANK PINTO Prepared By C&N Environmental Consultants, Inc. 222 South US#1, Suite 201 Tequesta, Florida 33469 (407) 744-7420 HILLS OF LAKE EDEN GOPHER TORTOISE RELOCATION PLAN 1.0 INTRODUCTION A 15 acre parcel of land located in Sections 4 and 5, Township 46 South, Range 43 East, Boynton Beach, Palm Beach County, Florida is owned by Mr. Frank Pinto and is permitted to be developed as the Hills of Lake Eden. A gopher tortoise (Gopherus polyphemus) burrow survey was conducted on the parcel on August 7, 1995. The located burrows were scoped with an infrared camera on the same day. Seven active and inactive gopher tortoise burrows were located on the proposed development site. Approximately 0.9 acre has been set aside as upland preserve. The narrow configuration, size, and the lack of native vegetation render the preserve unsuitable as an on-site gopher tortoise preserve. The developer proposes to provide protection for the gopher tortoises and burrow commensals through off-site relocation to a gopher tortoise re-stocking areas with suitable habitat. All the necessary development permits have been issued for the Hills of Lake Eden, and development is planned to commence in the fall of 1995. As fewer than 10 tortoises are expected to occur on site, authorization to relocate the tortoise population off-site to the Big Cypress Gopher Tortoise Restocking Area is requested. The following relocation plan includes donor and recipient site descriptions, btlrrows location maps, soils maps, survey results, and excavation and relocation methodology. Copies of the permit and commitment letter are attached. 2.0 DONOR SITE DESCRIPTION The Hills of Lake Eden development site is located between Seacrest Boulevard and Swinton A venue along the southern boundary of the City of Boynton Beach, Florida (Figure 1). The site is bordered on the north by St. Joseph's Elementary School and on the east and west by residential developments. Lake View Baptist Church is located south of the parcel. The site is surrounded by development and the edges have been impacted by exotic infestation and human disturbance. The center of the site, although containing numerous native scrub species, suffers from the lack of habitat management. The site is currently functioning as a refuge for wildlife species displaced by development. Soils include St. Lucie sand and Myakka sand. A little more than half of the western portion of this site overlies St. Lucie sand. The Palm Beach county Soil Survey states that this soil is nearly level to sloping, excessively drained, deep and sandy and is located on long narrow, dune-like coastal ridges. The water table is below a depth of 6 feet, and building development has few or no limitations. The soil on the eastern portion of the site is Myakka sand, which is typical of pine flatwoods. The Palm Beach County Soil Survey states that C&N Environmental Consultants, Inc. 1 August 18, 1995 HILLS OF LAKE EDEN m ~i~O~NTRY C~LU~ -':1- -:- V'"'::;;~:i ,:," ~~9~~~; L;r~-K~~J~' -, - ,j :\U;~2'j~AI~F~H~t<A-" ~~;r~ -' 7 ~. OF flORID (,(11 'i:'~" ~, _25 r -- Wy -I~ G '0 ) t- ri "UfOR'~ 27 " ,',. ,.... .~ ',' I..~ 'l' ~ tj 0 I:!!I7~ 26 _ - 6 f?Lc . 2JJP!- jSP ~ ~nrPf!: " ...."..~~ "..~~~" I 23 "/(If S!"'~L; 27- u~.i-~v 7 Wy on ~ j 1'fWYV- ./ ;'~, ~l ,ll~..~. '\ Vale ~; ~~273~~ ~~ ~ r ~ ~ c~~ISE,J.~~~ :J.q~', ,; ~ - ANT I C L ~ r sw -~T~ v -Sunse ~j ')9 \",,:'v ~ :: ~'~.:":L.'~ 'r".' _,-,_,,:,u n~lr r:::r.. .'.' . " ~l~l:. ~~ ~ri~~~~I~n;G 0 L F V I EW t' HIff 8/ IH 5 ~fft;;.. ~~r I _~..I~_""'~;>-",.,.L~.. 'Charmr r N l;larvardLn HARBOR' ~ <I) ':';"r;:;,>:" I.?D<I\irp./n,.~'," ~~t,. 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V; ~?C tr #r~/JF V~M '. ~~E.~ - >; ~. :ton ~ ...., ~ ~: ~ ~,: s ~ ~ s~ ~I ~> i>>..s!1C:~1 i~~QP' \.1Q.P;;10 ~r BfllJniJ' ,'t Ol.t Hibiscus .J.f.C _51 .., I ~ ~ :tfM: ,. <>: 8-~ '0_ c I~ RK -A-- ~ > gO 51 col", I..iI: ~ Ie '9.$i~~N SI,... ~Il" .$r k " .. ,v _ ~. 04: 51 'Gn_...~ R-G' B I ~S -. ~ _I > y\~ ;:;; ~ ;f. ,~ a~ifore Rd7r > c \ U ., p, J ' ~ "? (;,; Rainberry", I n ~ NW I _ 7 ~ N SI ~ /' .p 1..C: E , , ~ 1!.!!!!!!!"Ter < G3rd~~@1 I ...,.lake 6 J. 51 ~ > _LSl '? :~ leIS Or ~ Angler \;~l"'KE to"'.-' ,""ika 'eleali1Y ErooraifO n~~-$I .....0 <>: 6 m ~. 01 phlO oIL ~!P~ O~ SHOP' I '~l~d ,co Sl!nShi~. ~;" ~f,nn:~ - ....:,. ~ ~ ~ Cc lez Lnl~ f~~;Eo:za " CEN ~ ~, ,eld'_r . E .f!I~d.ls .~t~~~( 1~.~N <'). _ ~ ~' ~ 01 son ~.f 'II,: '~~B ~\ ~ "'~NW 4 51' ~\)\ ~/DA :RD l' 51 .L~P1 BWd' N ,~.. ll'et-lJ:. - ,~ - - 3 ~eLSI~ ~f~m~i<l_TT~' J J \1 > > u,~ >1 > 400 ~ -&: co G IPrq~~c18 > < 15 ~! ~ r1 ~ 04: 04: 04: .... co ,_10 s= 3 5:Poinsetta BlVd, ~l sur Dr CalPl,~91' \\ v4:1 ' I '5 ,-I>: -a. h11 ... PIlMPFY O. '''I ... W ~ eJjigUoinUlI: Ambb~sCJ J ~I I \\, ~~ N l~, > I:n> ~le - 2" 2 Si '" ~ -gLlJiQh.foIntD ~I.i. ~ ~ ;: ~Io>l"" .... <01...1 REI CI Y re:( ~ ~ ~- _Iai ..HiQ.b..foinLDI"" DonFr, ~Q~ 1'1' 1-- _ ~ ~t-~, I .~W . E )MJ '" _ _ ..!..~IJ6 r:- ~ . ~ 18 SHOPSOF'/' 42 ~ ~ ;z. 2::1 I c. 'IT R VE ERr\NS .. ~ ~~: u.::: nl I;~ tL~~r~~r~ CEr ~TER ~ ~ Vii> _, ~ ~> ~: 'fP~1 :firr. · _~ = < 1 ;;. 51 ; V :' ~~ ~ =k~~ ;Dr Ao~r '. y I > J> > 0> <.... C ~1 < <....' > N . q < ~ r\~,AV:I:o.. ,....,-<i.-1,.'\,'..' .COt! j8 SS\~ ~ ._ 04:104: 0:( 2 nrlP 1St 'j ~,~ J _ ~__, ~!_,~ !Y.[. " FIGURE 1: DONOR SITE LOCATION MAP _..>:i,;...;i.i,.-,_,-...._. -,-----~._~~.""':;.,.,.;",..."......- . , ,_ '.-' '4,,,,..."_.~,"h~ _'" ,', Myakka sand is a nearly level, poorly drained, deep, sandy soil. It is in broad, ftatwood areas and the water table is within 10" of the surface two to four months in most years, 10" to 40" for six months in most years, and recedes to below 40" during extended dry periods (Figure 2). The eastern two-thirds of the property is dominated by a pine ftatwood plant community. A distinct ecotone or connecting zone links the ftatwoods to the scrub plant community which dominates the western third of the property. The best of the scrub is in the northwest portion. The predominant plant species in the scrub is live oak (Quercus virginiana) much of which is heavily covered by love vine (Cassythafiliformis), greenbriar (Smilax spp.), and muscadine grape (Vitis rotundifolia). A few sand pines (Pinus clausa), typically found in the scrub community, were observed. An abundance of Brazilian pepper (Schinus terebinthifolius) exists along all boundaries of the site with some castor bean (Ricinus communis) and slash pine (Pinus elliottil). There are a few scattered large red bay (Per sea borbonia) trees located in the southwest corner. The understory consists mostly of cinnamon fern (Osmunda cinnamonea) and several species of grass with the ever present love vine, greenbriar, and muscadine grape. Saw palmetto (Serenoa repens) is found throughout the site. The ecotone between the scrub community and the pine ftatwood plant community is predominately ferns and grasses with small slash pines, small cabbage palms (Sabal palmetto), fetterbush (Lyonia Lucida), beauty berry (Callicarpa americana), saw palmetto, and love vine. The immature pines and palms are an indication that the pine ftatwoods are moving westerly into the scrub. The ftatwood canopy is dominated by slash pine with scattered cabbage palms. The southern boundary is dominated by Brazilian pepper, which is also scattered throughout the site. Oaks are found on the eastern boundary. An occasional mango, ficus, or schefflera tree has established itself on this site. The understory includes large stands of saw palmetto and the previously mentioned understory plants. Wildlife known to occur on this parcel include several species of mammals and birds such as raccoon (Procyon lotor), cottontail rabbit (Sylvilagus floridanus), opossum (Didelphis marsupialis), gray squirrel (Seivrus carolinensis), mourning dove (Zenaida macroura), common flicker (Colaptes auratus), and mocking bird (Mimus polyglottos). 3.0 GOPHER TORTOISE BURROW SURVEY A. Methodology A thorough and systematic gopher tortoise burrow survey was conducted on the 5-acre donor site in August 1995 in an effort to locate all active, inactive, and abandoned C&N Environmental Consultants, Inc. 3 August 18, 1995 HILLS OF LAKE EDEN ~l' ,>'1.l ...~, '-f. :J~ r ;~::;; 11:I" .. ...'~ f .....''''':''.......; FIGURE 2: DONOR SITE SOIL MAP burrows on the site. Parallel east-west transects were established approximately 5 meters apart starting at the northeast corner of the property and proceeding westward throughout the upland areas of the parcel. A biologist walked a sinuating "5" pattern within each transect. burrows were marked with red and yellow flagging tape and categorized as active, inactive, or abandoned. The burrows were numbered and their location and activity status mapped on a 1 ":200' scale aerial photograph of the parcel. Burrow activity status was determined according to criteria established by Auffenberg and Franz (1982) recommended by the Florida Game and Fresh Water Fish Commission (FGFWFC) in "Guidelines for Gopher Tortoise Relocation", February 1, 1988. Active burrows showed signs of recent activity such as digging, tracks, or scat. Inactive burrows showed no sign of recent activity and had scattered leaf debris on the burrow mound. Abandoned burrows had leaf litter in the burrow mouth or were partially caved-in. During the gopher tortoise burrow survey, a search was conducted by observation for the presence or signs of Florida mouse (Podomys florldanus), gopher frog (Rana areolata aesopus), eastern indigo snake (Drymarchon corais coupen), Florida scrub jay (Aphelocoma coerulescens coerulescens), and other species of special concern. B. Survey Results A total of 7 active and inactive burrows were located on the Hills of Lake Eden parcel during the August 7, 1995 survey (Figure 3). Five burrows showed signs of recent activity and were determined to be active, two burrows appeared inactive, and one was abandoned. With the aid of the infrared video probe, four tortoises were observed inside the burrows designated as active. No tortoises were found in the burrows designated as inactive or abandoned. The FGFWFC recommends using a conversion factor of 0.641 for estimating the tortoise population based on burrow activity (Cox, et aI., 1987). This factor is usually lower in undisturbed habitat in South Florida. A conversion factor of 0.5 was used to determine the estimated number of tortoises on site. Using the conversion factor of 0.5 times the number of active plus inactive burrows (7) yields a population estimate of approximately 3.5 or 4 tortoises. The FGFWFC recommends using a density of one-half acre per individual tortoise to accommodate a relocated tortoise. Using this factor with the estimated number of tortoises (4), approximately 2 acres of suitable habitat will be required to support the relocated tortoises. C&N Environmental Consultants, Inc. 5 August 18, 1995 HILLS OF LAKE EDEN .--' , " , .f'.:. ..,.., ......' .,"Il. ~~\':"";':~~fl:~.:'~ ~f;.. , -:~, . FIGURE 3: DONOR SITE BURROW LOCATIONS MAP 4.0 RECIPIENT SITE DESCRIPTION A. Site Description A 5 acre parcel located within the Big Cypress Wildlife Preserve Area at Billie Swamp Safari at Big Cypress Seminole Indian Reservation, Hendry County, Florida was selected as an off-site relocation area and preserve for gopher tortoises located on the Hills of Lake Eden development site (Figure 4). The proposed recipient site is located north of government road and east of Gum Slough in Section 7, Township 48 South, Range 33 East, Hendry County, Florida. The southern boundary is fenced and lies adjacent to a large drainage canal and citrus groves. The habitat is comprised of pine flatwoods with an open slash pine canopy. A large berm is available along the canal as a refuge during periodic flooding which occurs in the flatwood habitat. The remainder of the site is contiguous with the 1,952-acre Big Cypress Wildlife Preserve and Billie Swamp Safari facilities for nature photography tours. The entire preserve is secured and fenced with 10-foot New Zealand game wire with two strands of barbed wire on top. The wildlife preserve is managed as wildlife habitat by a full-time preserve manager with 31 years experience with the FGFWFC. The proposed recipient site was burned with the last two years as part of the preserve management plan. Jimmy McDaniels, the preserve manager, and his staff assist with burrow surveys and other monitoring activities. The soil underlying the proposed recipient site is Basinger fine sand. Basinger fine sand is a nearly level, poorly drained, deep, sandy soil which occurs in broad flatwood areas interspersed with depressions. The historic water table is within 10 inches of the surface during 2 to 4 months of the year and below 30 inches during the dry season. The 5-acre site adjacent to the canal and citrus groves has been drained and has a lowered water table. Gopher tortoises commonly occur in Basinger fine sand in the eastern portion of Palm Beach, Martin, and St. Lucie counties. Vegetation on the proposed recipient site consists of pine flatwood and palmetto prairie communities. The canopy is relatively open and dominated by slash pine. Live oak, cabbage palm, and laurel oak (Quercus laurifolia) also occur as canopy species. Understory species include saw palmetto, rusty lyonia (Lyoniaferruginea), shiny blueberry (Viccinium myrsinites), blackberry (Rubus sp.), runner oak (Quercus pumila), and fetterbush. Ground cover species include wire grass (Aristida stricta), broomsedge (Andropogon virginicus), wild grape (Vitis rotundifolia), and dayflower (Commelina erecta). Wildlife known to occur on the proposed recipient site include white-tailed deer (Odocoileus virginianus), Florida panther (Felis concolor coryi), black bear (Urus americanus), otter (Lutra canadensis), feral pig (Sus scrofa), raccoon, barred owl (Strix varia), eastern indigo snake, and red-tailed hawk (Buteo jamaicensis). C&N Environmental Consultants, Inc. 7 August 18, 1995 /~i Site Location Map Palm Beach County, Florida II." , I . ,'UJI. · , ~.4 :--~ : ,:::' :~I<I.'fI.Y_~':"L _-,r..... 'ALL/(;ATOI\.ALL[,Y)_ _. .... ' '!'Nl' .LANI: I TOLlllOAD ~i' :;'... . '---.., ~~~l1.~;ML~\};ll;i~;~.;:;- . . ;1 ~MIQ ~'I!U,S;:::,,: .~.. : ." ~.~., '....-0 _:' ' ., f' ,~:rjJl(,I;..ON,U;",.~ ':..., I. IA. ". ':~. ~'.: ':, ,; '., .il:"I'lliSUvC..., .' \', . .,. " . I ::;'1/;.~' ':::~ir.:~r.. .',: ...:", '1.:' . ": . . : I. . 't". rtr.2!...l,.. '.. . ", .......:' '.' I: .... ...1 ~'~~:'~". .....~.. '~. t_ rAJif'A'~ I' I " '.~J'" ',:-'.'::" ',;~nO.l4.... ',':' ;.' . .~I::...~~.:;;.., ~'. : . iflAAC, ,,~:' : : -...1__ ,,A" a . ..",.,... .' . ----- ........~,. "A',.".\,. ',' ..': """"I"'~ : .,0 _ _ _--:::--~--.58' "'.1 ; ';1. R1--__ , 1tI1..,..,-r. ,.' , , :1J ~<<I"nl.. ~_./., -..- , V:; TNt . p~ . .. OtVIL '-! \ ----------- " ............./"""'"'" '. ",( " OARDCN ~; . I I-RECIPIENT \~'l . SITE ! rr:..-- r--;;~---~I , ti ,,~,:'4.t, ~ ,-:, l.'rAtSJ ..~ -' ,: '~:i~V:~..",' ~..--.l StlClHOlC .~~.. t' ~ h.fl~......_. .,1 .' . I iV' .~.- IHOIA" ~ ':; '- nn.l.lttd L' t' .:: .... ,." J . ~\-'-- , } \" "uI:5~S~K[:J ... '.. I '.. - ..7.:lt'_\.. .. - I I K4 ~ ....1(" I.~ \. I~DIAH ~ I , I " ~ And)'lown Q., I /00, . I \ \ ~, " ~ "" " ..-..~_.. - ~r ... , ,,,.,,tI ""II'" ""11011 (I.',. /FilA" 10".'1 . ~ '~:' ..' CiI : "D ., . I , , I I.; I" , r:~''''.. I I I Jo. .,', . ....: 10 10 I " ~ SCAlE Iii MILES ArlO KilOMETERS MIl(S 0 ~~ KILOM(TeRS 0 ~ 10 10 - . L FIGURE 4 B. Gopher Tortoise Burrow Survey Results A gopher tortoise burrow survey was conducted on the proposed recipient site on August 16, 1995 (Figure 5). Previously, this area had been used as a release site for three other groups of tortoises including Freedom Village, DiVosta Oaks, and most recently, Cedar Ridge. The latter group consisted of nine tortoises that were released near starter burrows. The survey yielded a total of 36 active, 10 inactive, and 12 abandoned burrows. The Cedar Ridge tortoises, released in July 1995, chose not to stay near the starter burrows; but are believed to be in the vicinity of the release site. Active gopher tortoise burrows were observed in the adjacent orange groves and at the sandy area near the archery range. Only a portion of this area was surveyed due to time constraints, however, the tortoise burrows were active and tortoises were observed foraging during the survey. The tortoises appear to have successfully adjusted to their new habitat. No flooding was observed in the restocking area. 5.0 GOPHER TORTOISE RELOCATION A. Relocation Methodology The methodology listed below was followed throughout the relocation effort to ensure the well-being and health of the relocated tortoise population. 1. Active and inactive burrows will be excavated with a backhoe to within 4' of the end of the burrow or tortoise and the remainder excavated by hand. A garden hose marked at one foot intervals will be inserted in the burrow mouth prior to and throughout the excavation to indicate length of burrow remaining to be excavated and to prevent loss of the burrow in event of cave-in. Relocation will be conducted only on days following nights when the temperature did not drop below 50oF. 2. Captured tortoises and burrow commensals will be held and transported to the preservation area in individual large garbage cans with soil in the bottom under shaded and sanitary conditions. Care will be taken to avoid any physical or stress related damage to in-transit tortoises. Gloves will be used at all times to handle the tortoises and a diluted bleach solution will be sprayed on the gloves before handling individual tortoises. 3. Tortoises will be examined prior to relocation for signs of upper respiratory tract disease (URTD). Any tortoise with a runny nose or eyes, difficulty breathing, or other disease symptoms will be immediately isolated from other tortoises. Procedure calls for notification of the FGFWFC and the tortoise to be taken to a wildlife veterinarian for examination blood sample, and appropriate treatment and/or disposal. C&N Environmental Consultants, Inc. 9 August 18, 1995 4. Each tortoise will be examined for parasites, specifically gopher tick (Amblyomma tuberculatum). All parasites will be removed from the tortoise prior to relocation. 5. Prior to release, each relocated tortoise will be sexed, measured, and permanently and uniquely marked by scute notching as per FGFWFC guidelines. 6. Each relocated tortoise will be released at an abandoned or starter burrow in the recipient area with access to shade nearby. B. Relocation Schedule Construction of the Hills of Lake Eden development site is scheduled to commence in the Fall of 1995 following the relocation of the gopher tortoise population. Excavation of the gopher tortoise burrows is expected to proceed immediately upon generic permit authorization. 6.0 FINAL REPORT Approximately 30 days following the relocation, a report including excavation data, individual tortoise data, and maps will be submitted to the FGFWFC. 7.0 FINANCIAL RESPONSIBILITY Frank Pinto will be responsible for the financial obligation of the gopher tortoise relocation to the Big Cypress recipient site. 8.0 ENTITY RESPONSIBLE FOR MANAGEMENT The Seminole Tribe of Florida agrees to manage the proposed recipient site as a natural system compatible with gopher tortoise survivability (Attachment I). C&N Environmental Consultants, Inc. 11 August 18, 1995 ATTACHMENT I UC 6-20 cc: Lt. Colonel Woody Darden Mr. Brad Hartman Ms. Laura Richnrds oTlan }\. MIllsap, Cluet , Bureau of Nongame Wildlife Division of Wildlife 14,22 FROM, ADMINISTRATION DEPT STR.. 10, 3055875492 PAGE 1 , COUNCIL JAMES E, BILLIE GI1<linll(\1I FRED SMITH ViCe: - GI1<lirm<lll PHI::iCIUA ;:.AYEN Socrolsl y. 1 rl,.\~.lfI pr RFPRf5FNTA'IIVL:; IJAVIl) R CYPHf-:~;::; I.h!l CYI.".I~~ JACK :;MI1 H. .m Brightun MAX OSCEOLA, JH H(Jllyw.ltlt. NANCY MO r LOW ImfflOkl1lQf.I _nv.J cSEminoLe ~'"LLb-E 0/ g{orr-ida May 8, 1995 Division of Wildlife Fresh Water Fish and Game Commission 620 South Meridian Street Tallahassee, FI 32301 Re: Seminole Tribe of Florida Gopher Tortoise Relocation Site Dear Sirs: In 1990 the Seminole Tribe of Florida set aJide a site at the Billie Swamp Safari Project, Big Cypress Reservation for the purpose of accepting gopher tortoises for relocation. This site is still maintained as agreed and there are no plans for any development on this site. The Seminole Tribe considers the gopher tortoise site to be a long term project. If you have any questions regarding this site, contact my office, Sho Na8 Bisha, ~~~, JEB:pad -~ cc: Jim Shore, General Counsel ^.",_, ,,',:.f':.... _.A" ._.1. ,..JI,fi:....",..1 \'(i'..; 1-, ',"i."',' . /"..,,,1 ,~"'~"""",, I 1)6/\:l2/'35 08: 16 ~ 407 622 7631 HOLDEIVBEHHETT P.02 PERMIT IR~Ued Und\>r Authl1rity of the Wildlife Code. of Ih.. Slllt.. of PllIrl,h, (fitl.. 39. Floridll Admini&lralive Code) by tho STATE OF PLORlDA GAME ANi) l'RESH WATER FISH COMMISSION 620 South Meridian Slr&t.'I, Tall~J'U$~. fL 32399.1600,904/488-3831 Pormit No. WR95J1 J Permh Type Tortoise ReloC3tion Pormittee Janles P. Schnelle.Jr. hsuance Date 22 May 1995 Expiration Date 31 August 199~ Specific Rulc Authority 3.2.-25.002: 39-27.002 Affiliation Environmental Man a llemeJl I and Bngineerinj 8259 ~---MilitIU'Y Tr$il. Suite 8 . ~ Palm Beach Gardens. fL 33410 UJW1- $5 .I;(,ElptRnce and u1IdenlAndiug of e ptOvi.~iOU.~JcuDditil,lns listed below. This original abould bo liined and Mained. ProvistQI1$/Condltlons: 1. Up to 20 gopher tortoises may be live-captured by nonharmful means in association with the ('..war Ridge Estates development project, Palm Beach ('..aunty, relocated to and released 011 Seminole Tribe of Florida's Billie Swamp Safari Project site. Any gopher tortoise burrow commensals ellcoulltered in the capture operation may likewise be live-captured. relocated and released. However, no more than one indigo snake (Drymarchon comi..'t), or 10 each of Florida mice (Pudomy...floridallus) and gopher frogs (Rana areo/ala) may be relocated. Should additionAl specimens of those listed species be encountered, the capture operation is to be BuspondlXl and this office contacted for instructions. Authorizing the capture/relocation is otherwise predicated and conditioned 011 the information and assurWlce& provided in the permittee's I May 1995 application, herein incorporated by reference. 2. Captures/relocations may be underlakcn unly subsequent to all other permits for the project which truly be required by local, Slate and/or federal agencies being issued. 3. TortoisC8 may not 00 captured/relocated 011 any day, through lwo consecutive daYll thereafter, for whieh tho overnight low temperatures are forecast by the V.S. National We.ather Service to be below 50"P. This permit does not Authorize aoocss to any public or private properties. Any required permission accordingly must be secured (rom the appropriate landholders prior to undortaking any work 011 such properties. 4. 111is permit is subject to revocation at any time pursuant to Chapter 120, Florida Statutes. It is nontranflferable and mllst be readily available for inspection al alltimcs while engaging in the permitted activities. Other qualified personnel may assist in tbe permitted activities. but when any such assistance is to b~ provided in tbe absence of your direct supeIVision, those assistants are to be designated by letter of authorization from you to each designee, with this office provided a copy of f;uch letter(s). 5. A report detailing: the capture/relocation is to be submitted within 30 days of release of the tortoises involved. A report (orm is attached for use in that regard. Any re<juest for pennil renewal or extension shOuld b~ submitted at least 30 days prior to the time it is needed. . Allan L. llgbert, Ph.D. Exe-.clltive Dirt.ctor Attachment W666-13/BM/666-3795/rk Lie 6-20 co: Lt. Colonel Woody Darden Mr, BrAd Hartman Ms. Lauro RichlU"ds Brian A. Millsap, Chief Bureau of Nongame Wildlife Division of Wildlife