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REVIEW COMMENTS ENGINEERING MEMO #95-439 ill ~~~rn PLANNING AND ZONING DEPT. DATE: November 15, 1995 TO: BILL CAVANAUGH, FIRE PREVo OFF. ROBERT EICHORST, P.W. DIR. SGT. MARLON HARRIS, P.O. T AMBRI HEYDEN, PLAN. & ZONING DIR. SKIP MILOR, UTIL. CHIEF FIELD INSP. AL NEWBOLD, DEPUTY DEV. DIR. JOHN WILDNER, PARKS SUPER. & KEVIN HALLIHAN, FORESTER FROM: KEN HALL, ENG. PLANS CHECK/INSPECTOR 375-6283 SUBJECT: T.R.C. FINAL PLAT REVIEW - NAUTICA SOUND, PLAT~ I RELATED PAVING, DRAINAGE, WATER & SEWER PLANS. PLEASE REVIEW THE ATTACHED SUBJECT PLATS AND PLANS AND PROVIDE YOUR COMMENTS AND RECOMMENDA nONS AT THE NOVEMBER 28. 1995 TRC MEETING. WE ASK THAT THE POLICE AND FIRE DEPARTMENT REPRESENT A TIVES PLEASE REVIEW THE STAMPED SET OF DRA WINGS LOCATED IN THE ENGINEERING DIVISION. ALSO, PLEASE SIGN OFF ON THE STAMPED SET OF PAVING, DRAINAGE, WATER & SEWER PLANS ON SAUSALITO PLACE AT THE NOVEMBER 28 MEETING. THANK YOU. KRH/krh C: William Hukill, Dev. Dir. and to file Attachments: memotrc --... - PLANNING AND ZONING DEPARTMENT MEMORANDUM #95-485 FROM: Tambri J. Heyden planning and Zoning, ~1rector ~: f::JHa- Michael E. Haag . Zoninq and site nistrator TO: SUBJECT: August 31, 1995 Nautica Sound - MPMD 95-006 Master Plan Modification (Request to amend the previously approved PUD master plan to omit the day care use, modify access points, change the type of units and lot size from 150 single-family detached units on 6,000 square foot lots and 389 multi-family units to 267 zero- lot-line units on 5,000 square foot lots and 157 "Z" lot-line units on 4,500 square foot lots, and reduce the front setback front 20 feet to 15 feet, reduce the side setback from 15 feet to 10 feet and reduce the rear setback from 15 feet to 10 feet on lots that do not back to one another.) - (3rd review) DATE: 1. Show and identify the appropriate setback dimension at the rear of all lots along the east and northwe~t property lines. Note: setback for residential buildings' is the distance, measured perpendicular, from the property line to the closest structure (overhangs of less than 2 feet may encroach into a setback). The setback along the northwest property line shall be the same as required in the abutting zoning district. Considering the land located in Palm Beach County along the northwest property line is being annexed into the city at the R-IAAB zoning classification, it is recommended that the rear setback be 25 feet for all lots along property line where the subject development abuts residential property, proposed residential property or commercial property. The proposed 25 foot rear setback matches the rear setback for the R-IAAB zoning district. Therefore, the proposed setback of 15 or 20 feet shall be increased to 25 feet. A further requirement along the northwest property line where the subject property abuts the C- 3 (Community Commercial) zoning district is that a 5 foot high masonry wall, landscaped chain-link fence or some other equivalent 5 foot tall buffer be provided. It is recommended that either the buffer easement plan proposed by the applicant or identified in comment number 7 of this memo be accepted for this required buffer. The setback required along the east property line where the subject property abuts the adjacent multi-family development shall be 40 feet as required by Chapter 2.5 - Planned Unit Development. It is recommended that parcels in the northeast corner of the project, that abut the adj acent unincorporated property, have a 40 foot setback. Therefore the setback along the entire east property line will be 40 feet. Amend all plans, data and charts accordingly. [Chapter 2.5 - Planned Unit Development, Section 9. B.] 2. Redesign plan to show all lots which have a minimum lot frontage of sixty (60) feet and a minimum lot area of six thousand (6,000) square feet. Amend all plans, data and charts accordingly. 3. Change the front building setback from the proposed twenty (20) feet at the garage and fifteen (15) feet at the building to twenty (20) feet for both garage and building for all lots. Establish the rear building setback for all double frontage lots as twenty (20) feet. Maintain proposed fifteen (15) foot rear building setback on all back to back lots and maintain proposed ten (10) foot rear building setback for all lots that abut a lake maintenance easement, common ground or recreation tract. Amend all plans, data and charts accordingly. , . Page 2 Memorandum # 95-485 Nautica Sound MPMD 95-006 4. 5 . Change the side building setback for the non zero side of the zero- lot-line units from the proposed ten (10) feet to fifteen (15) feet and specify a fifteen (15) foot building separation setback between the sides of all "Z" lot units. Maintain the proposed fifteen (15) foot corner side building setback on all back to back lots, however establish a 20 foot corner side setback on all other corner lots. Amend all plans, data and charts accordingly. Change the side pool and screen enclosure setback from twelve (12) feet for pools and ten (10) feet for screen enclosures to fifteen (15) feat for the non zero side of the zero-lot-line units and specify a fifteen (15) foot side pool and screen enclosure separation for all "Z" lots. Maintain the proposed seventeen (17) foot corner side setback for pools and fifteen (15) foot for screen enclosures on all back to back lots; however, establish a 20 foot corner side setback on all other corner lots. Maintain the proposed ten (10) foot rear pool setback for back to back lots and maintain the seven (7) foot rear pool setback for all lots that abut a lake maintenance easement, common ground or recreation tract. Also maintain the proposed eight (8) foot rear screen enclosure setback for all back to back lots and maintain the proposed five (5) foot rear screen enclosure setback for all lots that abut a lake maintenance easement, common ground or recreation tract. Amend all plans, data and charts accordingly. 6. Show on the plans all off-site roadway improvements proposed and/or required as a result of the City's evaluation of the traffic conditions. 7. It is recommended that a dense landscape buffer be provided along the interior lot lines of the project and that the material be located within a landscape buffer easement. It is further recommended that the tree and shrub landscape material be native and the hedge material be moderate drought tolerant. To ensure the buffer develops to form a consistent shape, the tree and hedge buffer landscape material for the entire buffer easement shall be installed prior to the completion of the first house that has a landscape buffer easement located on the lot and/or prior to the completion of the proposed main access drive that is located at the northwest corner of the project. The dense landscape buffer shall be shown on the plans and be depicted as a grouping of 3 to 5, eight foot tall small trees (silver buttonwood or yellow elder) then approximately 30 feet away a grouping of 4 to 5, eight foot tall multi-stem (wax myrtle) shrubs. Incorporated into the recommended buffer shall be one, eight foot tall canopy tree (mahogany or oak) spaced 70 to 80 feet on center. The buffer shall also have a continuous 2 foot tall hedge (chalcas or Florida pri vet) extending along the entire property line; however, the hedge may form a meandering shape as viewed from above. The continuous hedge shall be maintained at 6 feet tall. The 8 foot tall bushy shrub plant and other trees described above may count for the "no net loss II of trees that are required by the tree management plan. Note; the perimeter buffer landscape design proposed by the applicant (see Exhibit "B" Planning and Zoning Department Memorandum No. 95-484) is acceptable; however, all material shall be located within the easement and trees shall not be placed on a property line. If this landscape design is approved, the plans shall be modified to show the landscape material. It is further recommended that the specie and size recommendations identified above be incorporated into the applicants' proposal. 8. Revise the plans to show a Hypoluxo Road ingress/egress to the project. The Hypoluxo Road ingress/egress was originally approved for the project to divert trips to adjacent roadways. . . Page 3 Memorandum # 95-485 Nautica Sound MPMD 95-006 9. Submit for review typical lot drawings showing the approved setbacks for all lots. 10. The following comments are still valid which relate to those sheets (drawings) provided with the previous submittal (but are absent from the current revised master plan): On sheets 4 of 8, 6 of 8 and 7 of 8, remove from note #3 the text "or building"; On sheets 6 of 8 and 7 of 8 amend the text shown on the perimeter detail drawings, at the rear landscape easement to read as follows: "Width of landscape buffer easement and other easements, where applicable."; On sheets 6 of 8 and 7 of 8 change the title of the perimeter landscape buffer easement detail drawing to "Perimeter lots"; Amend the double asterisk note found on sheet 6 of 8 to read as follows: "Subj ect to rear perimeter landscape buffer easement and other easements,,~heFe applicable."i On sheet 6 of 8 and 7 of 8 remove from Accessory Building note #3 the following text "pergolas and gazebos". Also define trellis as "A free standing structure maximum height of 6 feet located only behind the front building setback line with a configuration having a height and length and no depth (example - similar to a fence."i and On sheet 6 of 8 move the 15 foot corner side setback symbol to the corner of the building; 11. specify on the master plan that 30 feet is the maximum height of the residential and recreation structures. 12. submit for review all sheets and data that where included with the previous submittal. 13. It is recommended that all trees required by the tree management plan be shown planted in either a landscape buffer easement, common ground, or added to the required lake planting material. It is further recommended that the master landscape plan include a tabular summary of the trees required for the tree management plan and that they are shown and identified with a distinguishable symbol on the plan. 14. Establish setbacks for structures proposed for perimeter common ground (e.g. bus stop pavilion and decorative fences). 15. Indicate on note (D) that six (6) is the maximum height of the entry feature. 16. Please note that association documents are required for the project. The documents are reviewed by staff and the legal department and required prior to final plat approval. [Land Development Regulations, Chapter 2.5 Planned Unit Development, Section 2. D.] 17. A revised master plan reflecting all staff comments and conditions approved by the City Commission and the Planning and Development Board, shall be submitted in triplicate to the Planning and Zoning Dept. prior to initiating the platting process. MEH:dim xc: Central File a'Nautica.SD! / $r J&l8A.J2A 4. ENGINEERING MEMO #95-439 rn rnlD!]8Wrn m' NOV I 5 S95 PLANNING AND ZONING DEPT. DATE: November 15, 1995 TO: BILL CAVANAUGH, FIRE PREVo OFF. ROBERT EICHORST, P. W. DIR. SGT. MARLON HARRIS, PoD. T AMBRI HEYDEN, PLAN. & ZONING DIR. SKIP MILOR, UTIL. CHIEF FIELD INSP. AL NEWBOLD, DEPUTY DEV. DIR. JOHN WILDNER, PARKS SUPER. & KEVIN HALLIHAN, FORESTER FROM: KEN HALL, ENG. PLANS CHECKIINSPECTOR 375-b283 ~ SUBJECT: T.R.C. FINAL PLAT REVIEW - NAUTICA SOUND, PLATS 1 ~D RELATED PAVING, DRAINAGE, WATER & SEWER PLANS. PLEASE REVIEW THE ATTACHED SUBJECT PLATS AND PLANS AND PROVIDE YOUR COMMENTS AND RECOMMENDA nONS AT THE NOVEMBER 28. 1995 TRC MEETING. WE ASK THAT THE POLICE AND FIRE DEPARTMENT REPRESENT A TIVES PLEASE REVIEW THE STAMPED SET OF ORA WINGS LoeA TED IN THE ENGINEERING DIVISION. ALSO, PLEASE SIGN OFF ON THE STAMPED SET OF PAVING, DRAINAGE, WATER & SEWER PLANS ON SAUSALITO PLACE AT THE NOVEMBER 28 MEETING. THANK YOU. KRH/krh / C: William Hukill. Dev. Dir. and to file Attachments: memotrc .-, I PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-682 TO: William Hukill City Engineer FROM: Tambri J. Heyden Planning and Zoning Dl~~tor ~1JY"D Michael E. Ha Current Planning r inator December 1, 1995 THRU: DATE: SUBJECT: Nautica Sound P.U.D. - Review of infrastructure plans and plat drawings for Nautica Sound P.U.D. - Plat One and ~~~; ~~~ PLAT 95-008 and ~AT 95-009~ Please be advised of the following comments regarding the first review of the above-referenced request: Plat One - Drawinqs (PLAT 95-008) 1. The master plan shall be modified to receive unconditional sign-off by all Technical Review Committee members. 2. Show on sheet 2 of 7 a 5 foot wide limited access easement on the east side of Lawrence Road north of the main entrance to the project. 3. On sheet 2 of 7 show a lake maintenance access easement to Tract L 1. 4. To show compliance with the approved 50 foot minimum lot frontage modify the frontage of the regular shaped lot #181 found on sheet 3 of 3 to meet the approved minimum. 5. Show compliance with the minimum lot frontage for irregular shaped lots as specified on the master plan by providing a letter, signed and sealed by the Engineer of record for the project, that lists no less than the minimum lot frontage at the fifteen (15) foot front setback line for the below listed irregular shaped lots. Thirty seven point five (37.5) feet is the minimum lot frontage allowed for the lots at the 15 foot front setback line. Also provide a current list of the areas of each lot in plat one verifying that the lot areas are in compliance with the minimum lot area of 5,000 square feet for "Zero-Lot-Line" lots. Lots 29, 173,171, 89, 87, 86, 88, 30, 31, 32, 39, 40, 41, 42, 141, 143, 109, 110 and 111. 6. Submit to the City Engineer and the Planning and Zoning Director a recent contract purchase agreement for the subject property signed by the previous owner and the new owner. The contract purchase agreement will be evaluated to determine land value to establish the required recreation fee. Plat One - Infrastructure Drawinqs (PLAT 95-008) 7. Add to the bus stop parking area found on sheet 2 of 13 of the paving, grading and drainage plans a handicapped parking space. The parking space shall be designed in compliance with the adopted state handicapped code. Show on the plan a type "F" or type "D" curb at the west and east ends of the parking spaces at the bus stop area. The location of the curbing / Page 2 MEMORANDUM NO. 95-682 Nautical Sound PUD Plat I and II PLAT 95-008 PLAT 95-009 shall be in compliance with Chapter 23 - Parking Lots, Article II E [start the curbing at the elevation points 15.70 and 15.95 (within the parking space) and terminate the curbing at the entrance way curb north of the sidewalk]. Drop curb at intersection of sidewalk. 8. Verify that the configuration of the Lawrence Road right-of- way shown on the plans west of the proposed Grove Plaza (Grove Plaza - northeast corner of Hypoluxo Road and Lawrence Road) is consistent with the right-of-way configuration approved with the Grove Plaza master plan. Contact the City Engineer for his comments on Grove Plaza. Plat One - H.O.A. - Documents (PLAT 95-008) Note: This review does not include review of the By Laws or Articles of Incorporation. These documents are reviewed by the City Attorney. 9. Provide Exhibit "All. It is recommended that the description of the property be the plat book and page number assigned by Palm Beach County when the plat was recorded. 10. Add to Article I Definitions the IIGeneral Maintenance Guidelines" and IILake Area Management Planll referenced on the plat. Also, provide the document for review and add same as lettered exhibits to the declaration of covenants, restrictions and easements for Nautica Sound. 11. Provide Exhibit liB". It is recommended that the description of the property be the plat book and page number assigned by Palm Beach County. 12. Add to Article II - Description of Nautica Sound, Section 2, text indicating the project shall be developed in compliance with the approved master plan, plat document and site plan drawings and that changes to the approved drawings/documents shall be processed as described in the Boynton Beach Code of Ordinances. Also include a statement indicating, where applicable, City permits shall be obtained to construct all improvements. 13. Add to Article II - Description of Nautica Sound, Section 3, B, text indicating that maintenance of the lakes shall be in accordance with the "Lake Area Management Plan II . ' Also, identify each lake by identifying the tract designation shown on the plat. 14. Add to Article II - Description of Nautica Sound, Section 3. C., the tract designation shown on the plat that represents the streets. 15. Add to Article II - Description of Nautica Sound, Section 3. D., text indicating that maintenance of the "Landscaped Areas" and "Grassed Areas" shall be in accordance with the "General Maintenance Guidelines II. Also identify these areas by listing the tract designation shown on the plat. 16. Add to Article II - Description of Nautica Sound, Section 4, text that indicates the maintenance of the lake lots shall be in accordance with the "Lake Area Management Plan". Page 3 MEMORANDUM NO. 95-682 Nautical Sound PUD Plat I and II PLAT 95-008 PLAT 95-009 17. Add to Article IX - Maintenance Repair Obligations, Section 1. A., text that indicates, where applicable, maintenance shall be in accordance with the "General Maintenance Guidelines" and the "Lake Area Management Plan". 18. Add to Article IX - Maintenance Repair Obligations, Section 2. B. and C., text indicating that, where applicable, maintenance shall be in accordance with the "General Maintenance Guidelines" and the "Lake Area Management Plan". 19. Add the following text to Article X - Rules and Regulations, Section 16: Installation of fences shall comply with the regulations specified on the approved master plan. 20. The Homeowners Association Documents shall not be recorded in Palm Beach County until the City attorney and staff have approved the documents. 21. Provide the Planning and Zoning Department a copy of the recorded document following approval by the City attorney and staff. Contact the Engineering Division of the Development Department for the procedures to follow in recording the document. Two - Drawinqs (PLAT w comp ~ance w~t t e minimum lot frontage for irregular shaped lots as specified on the master plan by providing a letter, signed and sealed by the Engineer of record for the project, that lists no less than the minimum lot frontage at the fifteen (15) foot front setback line for the below listed irregular shaped lots. Thirty (30) feet is the minimum lot frontage allowed for the'lots at the 15 foot front setback line. Also provide a current list of the areas of each lot in plat two verifying that the lot areas are in compliance with the minimum lot area of 5,000 square feet for "Zero-Lot- Line" lots and 4,500 square feet for "Z" lots with at least 13 "Z" lots having a minimum area of 5,000 square feet. Lots 339, 340, 341, 342, and 343. 23. Submit to the City Engineer and the Planning and Zoning Director a recent contract purchase agreement for the subject property signed by the previous owner and the new owner. The contract purchase agreement will be evaluated to determine land value to establish the required recreation fee. Two - H.O.A documents (PLAT 95-009) ental declaration documents for 24. plat two. MEH:dim xc: Central File a:NAUTCIAS.PLT 'c ~'; jot PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-682 TO: William Hukill City Engineer THRU: Tambri J. Heyden Planning and Zoning ~tor 'h I ~. M~c ae E. Ha Current Planning v9r inator December I, 1995 FROM: DATE: SUBJECT: Nautica Sound P.U.D. - Review of infrastructure plans and drawings for Nautica Sound P.U.D. - Plat One and Plat Tws> ~:' PLAT 95-008 and PLAT 95-009 Please be advised of t e 0 ow~ng comments regarding the first review of the above-referenced request: Plat One - Drawinqs (PLAT 95-008) 1. The master plan shall be modified to receive unconditional sign-off by all Technical Review Committee members. 2. Show on sheet 2 of 7 a 5 foot wide limited access easement on the east side of Lawrence Road north of the main entrance to the project. 3. On sheet 2 of 7 show a lake maintenance access easement to Tract L 1. 4. To show compliance with the approved 50 foot minimum lot frontage modify the frontage of the regular shaped lot #181 found on sheet 3 of 3 to meet the approved minimum. 5. Show compliance with the minimum lot frontage for irregular shaped lots as specified on the master plan by providing a letter, signed and sealed by the Engineer of record for the project, that lists no less than the minimum lot frontage at the fifteen (15) foot front setback line for the below listed irregular shaped lots. Thirty seven point five (37.5) feet is the minimum lot frontage allowed for the lots at the 15 foot front setback line. Also provide a current list of the areas of each lot in plat one verifying that the lot areas are in compliance with the minimum lot area of 5,000 square feet for "Zero-Lot-Line" lots. Lots 29, 173,171, 89, 87, 86, 88, 30, 31, 32, 39, 40, 41J 42, 141, 143, 109, 110 and 111. 6. Submit to the City Engineer and the Planning and Zoning Director a recent contract purchase agreement for the subject property signed by the previous owner and the new owner. The contract purchase agreement will be evaluated to determine land value to establish the required recreation fee. Plat One - Infrastructure Drawinqs (PLAT 95-008) 7. Add to the bus stop parking area found on sheet 2 of 13 of the paving, grading and drainage plans a handicapped parking space. The parking space shall be designed in compliance with the adopted state handicapped code. Show on the plan a type "F" or type "D" curb at the west and east ends of the parking spaces at the bus stop area. The location of the curbing Page 2 MEMORANDUM NO. 95-682 Nautical Sound PUD Plat I and II PLAT 95-008 PLAT 95-009 shall be in compliance with Chapter 23 - Parking Lots, Article II E [start the curbing at the elevation points 15.70 and 15.95 (within the parking space) and terminate the curbing at the entrance way curb north of the sidewalk]. Drop curb at intersection of sidewalk. 8. Verify that the configuration of the Lawrence Road right-of- way shown on the plans west of the proposed Grove Plaza (Grove Plaza - northeast corner of Hypoluxo Road and Lawrence Road) is consistent with the right-of-way configuration approved with the Grove Plaza master plan. Contact the City Engineer for his comments on Grove Plaza. Plat One - H.O.A. - Documents (PLAT 95-008) Note: This review does not include review of the By Laws or Articles of Incorporation. These documents are reviewed by the City Attorney. 9. Provide Exhibit "A". It is recommended that the description of the property be the plat book and page number assigned by Palm Beach County when the plat was recorded. 10. Add to Article I Definitions the "General Maintenance Guidelines" and "Lake Area Management Plan" referenced on the plat. Also, provide the document for review and add same as lettered exhibits to the declaration of covenants, restrictions and easements for Nautica Sound. 11. Provide Exhibit "B". It is recommended that the description of the property be the plat book and page number assigned by Palm Beach County. 12. Add to Article II - Description of Nautica Sound, Section 2, text indicating the project shall be developed in compliance with the approved master plan, plat document and site plan drawings and that changes to the approved drawings/documents shall be processed as described in the Boynton Beach Code of Ordinances. Also include a statement indicating, where applicable, City permits shall be obtained to construct all improvements. 13. Add to Article II - Description of Nautica Sound, Section 3, B, text indicating that maintenance of the lakes shall be in accordance with the "Lake Area Management Plan". Also, identify each lake by identifying the tract designation shown on the plat. 14. Add to Article II - Description of Nautica Sound, Section 3. C., the tract designation shown on the plat that represents the streets. 15. Add to Article II - Description of Nautica Sound, Section 3. D., text indicating that maintenance of the "Landscaped Areas" and "Grassed Areas" shall be in accordance with the "General Maintenance Guidelines". Also identify these a.reae by listing the tract designation shown on the plat. ....;. 16. Add to Article II - Description of Nautica Sound, Section 4, text that indicates the maintenance of the lake lots shall be in accordance with the "Lake Area Management Plan". Page 3 MEMORANDUM NO. 95-682 Nautical Sound PUD Plat I and II PLAT 95-008 PLAT 95-009 17. Add to Article IX - Maintenance Repair Obligations, Section 1. A., text that indicates, where applicable, maintenance shall be in accordance with the "General Maintenance Guidelines" and the "Lake Area Management Plan". 18. Add to Article IX - Maintenance Repair Obligations, Section 2. B. and C., text indicating that, where applicable, maintenance shall be in accordance with the "General Maintenance Guidelines" and the "Lake Area Management Plan". 19. Add the following text to Article X - Rules and Regulations, Section 16: Installation of fences shall comply with the regulations specified on the approved master plan. 20. The Homeowners Association Documents shall not be recorded in Palm Beach County until the City attorney and staff have approved the documents. 21. Provide the Planning and Zoning Department a copy of the recorded document following approval by the City attorney and staff. Contact the Engineering Division of the Development Department for the procedures to follow in recording the document. Plat Two - Drawinqs (PLAT 95-009) 22. Show compliance with the minimum lot frontage for irregular shaped lots as specified on the master plan by providing a letter, signed and sealed by the Engineer of record for the project, that lists no less than the minimum lot frontage at the fifteen (15) foot front setback line for the below listed irregular shaped lots. Thirty (30) feet is the minimum lot frontage allowed for the lots at the 15 foot front setback line. Also provide a current list of the areas of each lot in plat two verifying that the lot areas are in compliance with the minimum lot area of 5,000 square feet for "Zero-Lot- Line" lots and 4,500 square feet for "Z" lots with at least 13 "Z" lots having a minimum area of 5,000 square feet. Lots 339, 340, 341, 342, and 343. 23. Submit to the City Engineer and the Planning and Zoning Director a recent contract purchase agreement for the subject property signed by the previous owner and the new owner. The contract purchase agreement will be evaluated to determine land value to establish the required recreation fee. Plat Two - H.O.A documents (PLAT 95-009) 24. Submit for review the supplemental declaration documents for plat two. MEH:dim ..~ xc: Central File a:NAUTCIAS.PLT II\.. ,~"""'" 3 (J,r" ,.. . efL PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-682 TO: William Hukill City Engineer THRU: Tambri J. Heyden Planning and Zoning ~tor Michael E. Ha~~ Current Planning ~inator December 1, 1995 FROM: DATE: SUBJECT: Nautica Sound P. U. D. - Review of infrastructure plans and plat drawings for Nautica Sound P.U.D. - Plat One and Plat Two File No. PLAT 95-008 and PLAT 95-009 Please be advised of the following comments regarding the first review of the above-referenced request: Plat One - Drawinqs (PLAT 95-008) 1. The master plan shall be modified to receive unconditional sign-off by all Technical Review Committee members. )'_ 2. Show on sheet 2 of 7 a 5 foot wide limited access easement on the east side of Lawrence Road north of the main entrance to the project. On sheet 2 of 7 show a lake maintenance access easement to Tract L 1. () !~ 4. To show compliance with the approved 50 foot minimum lot frontage modify the frontage of the regular shaped lot #181 found on sheet 3 of 3 to meet the approved minimum. 5 . Show compliance with the minimum lot frontage for irregular shaped lots as specified on the master plan by providing a letter, signed and sealed by the Engineer of record for the project, that lists no less than the minimum lot frontage at the fifteen (15) foot front setback line for the below listed irregular shaped lots. Thirty seven point five (37.5) feet is the minimum lot frontage allowed for the lots at the 15 foot front setback line. Also provide a current list of the areas of each lot in plat one verifying that the lot areas are in compliance with the minimum lot area of 5,000 square feet for "Zero-Lot-Line" lots. 0":- Lots 2 9, 173, 1 71, 89, 87, @ 88, 3 0, 31, 32, 39, 40, 41, 42, 141, 143, 109, 110 and 111. 6. Submi t to the City Engineer and the Planning and Zoning Director a recent contract purchase agreement for the subject property signed by the previous owner and the new owner. The contract purchase agreement will be evaluated to determine land value to establish the required recreation fee. Plat One - Infrastructure Drawinqs (PLAT 95-008) ,u lj.-:> 11, ~ , " sf." I 7. Add to the bus stop parking area found on sheet 2 of 13 of the paving, grading and drainage plans a handicapped parking space. The parking space shall be designed in compliance with the adopted state handicapped code. Show on the plan a type "F" or type liD" curb at the west and east ends of the parking spaces at the bus stop area. The location of the curbing ! .'-','/1.," ..~... _ .." ! /'l /' ~. )C-'.. /,.)...._. . '-. 0 -r~ ~ c: "Jr. _1';' -" j ( 1 7!( . ,/)( . ,. , ~. ~ f" r,,:- { ,i- (f" 't ,,) ,">t'l{ 1!\..1.~ ~. .r (/:. l"';>' I' "') ( .I , .. Page 2 MEMORANDUM NO. 95-682 Nautical Sound PUD Plat I and II PLAT 95-008 PLAT 95-009 shall be in compliance with Chapter 23 - Parking Lots, Article II S [start the curbing at the elevation points 15.70 and 15.95 (within the parking space) and terminate the curbing at the entrance way curb north of the sidewalk]. Drop curb at intersection of sidewalk. 8. Verify that the configuration of the Lawrence Road right-of- way shown on the plans west of the proposed Grove Plaza (Grove Plaza - northeast corner of Hypoluxo Road and Lawrence Road) is consistent with the right-of-way configuration approved with the Grove Plaza master plan. Contact the City Engineer for his comments on Grove Plaza. Plat One - H.O.A. - Documents (PLAT 95-008) Note: This review does not include review of the By Laws or Articles of Incorporation. These documents are reviewed by the City Attorney. f'c.~'r p",~ .-3. Provide Exhibit "A". It is recommended that the description of the property be the plat book and page number assigned by Palm Beach County when the plat was recorded. I. 1/" 10. T ..' ~ " ",.k " : 'E, . / :,;.' ? )L~/' ,/ 11. 12. 6/L- Add to Article I Definitions the "General Maintenance Guidelines" and "Lake Area Management Plan" referenced on the plat. Also, provide the document for review and add same as lettered exhibits to the declaration of covenants, restrictions and easements for Nautica Sound. Pl.-AT" -r",,)o Provide Exhibit "B". It is recommended that the description of the property be the plat book and page number assigned by Palm Beach County. Add to Article II - Description of Nautica Sound, Section 2, text indicating the project shall be developed in compliance with the approved master plan, plat document and site plan drawings and that changes to the approved drawings/documents shall be processed as described in the Boynton Beach Code of Ordinances. Also include a statement indicating, where applicable, City permits shall be obtained to construct all improvements. . ,,~~ 13. Add to Article II - Description of Nautica Sound, Section 3," ~~o\~ B, text indic~ting that maintenance of the lakes shall be in Ojl\ ?v- accordance w~th the "Lake Area Management Plan". Also, ". ~ 1r' , identify each lake by identifying the tract designation shown :~,,;l,,>v")~\t:."'vron the plat. ~s~:;":};~_,J4: Add to Article II - Description of Nautica Sound, Section 3. Vf pl.A~ ~ . C., the tract designation shown on the plat that represents ji 1rrr. the streets. .-_____. , ( l~t. i'" t' t., P,r8 011', <.of' r:/ ." U , \- i' ~ :/? f, ~ .v ~ J 16. ...~ 1',-") _.~-"-----...". Add to Article II - Description of Nautica Sound, Section 3. D., text indicating that maintenance of the "Landscaped Areas" and "Grassed Areas" shall be in accordance with the "General Maintenance Guidelines II. Also identify these areas by listing ~the tract designation shown on the plat. Add to Article II - Description of Nautica Sound, Section 4, text that indicates the maintenance of the lake lots shall be ~n accordance with the "Lake Area Management Plan". ~J I~ DC" c,.-" ~l'< Page 3 MEMORANDUM NO. 95-682 Nautical Sound PUD Plat I and II PLAT 95-008 PLAT 95-009 17. (!it? , 1"\\' '.. o Iv ill' { ~~ 18. f() -,.i;,\. f' ,'" () \".J ~~ 19. / // 20. 21. Add to Article IX - Maintenance Repair Obligations, Section 1. A., text that indicates, where applicable, maintenance shall be in accordance with the "General Maintenance Guidelines" and the "Lake Area Management Plan". Add to Article IX - Maintenance Repair Obligations, Section 2. B. and C., text indicating that, where applicable, maintenance shall be in accordance with the "General Maintenance Guidelines" and the "Lake Area Management Plan". Add the following text to Article X - Rules and Regulations, Section 16: Installation of fences shall comply with the regulations specified on the approved master plan. The Homeowners Association Documents shall not be recorded in Palm Beach County until the City attorney and staff have approved the documents. Provide the Planning and Zoning Department a copy of the recorded document following approval by the City attorney and staff. , Contact the Engineering Division of the Development Department for the procedures to follow in recording the document. Plat Two - Drawinqs (PLAT 95-009) 22. tl) r"- 23. 'J \ ~ ;; Show compliance with the minimum lot frontage for irregular shaped lots as specified on the master plan by providing a letter, signed and sealed by the Engineer of record for the project, that lists no less than the minimum lot frontage at the fifteen (15) foot front setback line for the below listed irregular shaped lots. Thirty (30) feet is the minimum lot frontage allowed for the lots at the 15 foot front setback line. Also provide a current list of the areas of each lot in plat two verifying that the lot areas are in compliance with the minimum lot area of 5,000 square feet for "Zero-Lot- Line" lots and 4,500 square feet for "Z" lots with at least 13 "Z" lots having a minimum area of 5, 000 ~quare feet. ~r f IcK . IJll2.Iy"'f1JAr "'f1Jto tllo,utUt.ID _ .1,':" ,./ Lots 339, 340, 341, 342, and 343. ~l/q(j41,J.'I8,;)'f1 4NG~";{) tJI<-:~,~, Submit to the City Engineer and the Planning and Zoning Director a recent contract purchase agreement for the subject property signed by the previous owner and the new owner. The contract purchase agreement will be evaluated to determine land value to establish the required recreation fee. i~tP Plat Two - H.O.A documents (PLAT 95-009) 24. Submit for review the supplemental declaration documents for plat two. MEH:dim xc: Central File a:NAUTCIAS.PLT '1~-'~ ,..... tf," . I... ~.ii -.--....1 )(j(: ", j~" ~) , 1..-\ 'T." ~... It.,; ~ . ~.. 1'0.-, ):"" <' ;) ':'.'. . '" :," ~ i'i, .!'''','' ::~ /':~ r- ~''''1J .::..,..>'1.;, ~'. .~-:.f~ .....', 4, VI} .)0; ..:" ,~ _A')C ,,' "--.. .; ..~ -tJ i ) ,(.. I .1'" I i~ \. ""'r f: ...... ot (I ..' ~". ~~; ~~JN6, .. ,~".t( ,J ~ ,; t'., U'; -of"';,,'" I ~"":.~ :,....,....: t'1. U . Iff, v>: fo, -) :, ~ 0""",,, . r'. ~ "L, 'c' rze. (.{""0, "-', Wt:. ,4,.\..- '.l tAn....!. (yjJ,t,.\ i~.t:....f i"lJ , . .c:;.; .i".' ~;,l!,,' ...", c' ....- !.;..~. if. i',_. "".r .ioOl. ' r <~ ~ " . - { .~ " I-- J'tA ~ O,.Jt; /',...,,;, P...", I!~."'" i;>f\J c/. .... l' / ,~. /~)jr^t'~ J )'.f..,,,," t" iI.. I:",""" (, - t. 1- , l?" .r----~ /Jj,." l...~:." "~1." J !~, .r f'~ .~ .~l i~ t ' '," 7'1. :," ,..to/ (-' ~-)r:.. ,;;. C ~ 0"' //o/.!.:.~ ~'- I, ':: '. ... ; ; i' .,' I t _ "...; ," .;. IC" /...~>,.-. - J I (, t /~ ~ h /' , . / /17 /LL-~,. /. / \....C.- MEMORANDUM UTILITIES DEPT. NO. 96-018 I' " ( (.". TO: Grady Swann, Finance Director FROM: John A. Guidry, Utilities Director DATE: January 12, 1996 SUBJECT: Reservation Fee Transmittal N autica Sound - Plats I & II .... Enclosed is check no. 1011 from G.L Homes of Boynton Beach II Corp. in the amount of $58,766.40 as the reservation fee for the proposed 424 single family homes to be located at Hypoluxo Road and Lawrence Road. Please deposit this check in the appropriate account. You may refer any questions on this matter to Peter Mazzella of this office. JAG/PVM bc: Peter Mazzella xc: Tambri Heyden, Planning Director Bill Hukill, Director of Development File , .~ HOMES OF BOYNTON BEACH II CORP. " 1011 AiF. NO. YOUR INV. NO. INVOICE DATE INVOICE AMOUNT AMOUNT PAID DISCOUNT TAKEN NET CHECK AMOUNT -- 00039 WAT/SEW 12/11/95 58766.40 58766.40 0.00 58766.40 I~'I /lNIf":) $ )( /38. ~( - S2;j -ru. i 0 - G.L HOMES OF BOYNTON BEACH II CORP. 1401 UNIVERSI1Y DRIVE, SUITE 200 CORAL SPRINGS, FL 33071 NAUnCA SOUND SUN BANKlSOUTH FLORIDA, NA. LAS OLAS OFFICE FORT LAUDERDALE, FLORIDA 33301 63-607-670 CONTROL NO. 1011 CHECK DATE CHECK AMOUNT PAY j c o . I Fifty-Eight Thousand Seven Hundred Sixty-Six and 40/100 ---------- dollars I I il .e r i! .. Ii! 12/15/95 001011 $******58766.40 ) THE RDER OF CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL-'33425-e311 - 1,100 ~O ~ ~nl 1:0 E. ?OO E.O ? E.I: ~r9 01. ~ ?OOE. 2 2a.E.E. 2,,1 ENGINEERING MEMO #96-046 ill ~~rn~w~G j i I , I F::-=l _ ~. ::.', ,1 L ~_:.J ) ~"d" L... PLANNING AND ZONING DEPT. DATE: February 5, 1996 TO: BILL CAVANAUGH, FIRE PREVo OFF. ROBERT EICHORST, P.W. DIR. SGT. MARLON HARRIS, P.D. T AMBRI HEYDEN, PLAl'i. & ZONING DIR. (Including copy of comments) SKIP MILOR, UTIL. CHIEF FIELD INSP. AL NEWBOLD, DEPUTY BLDG. OFF. JOHN WILDNER, PARKS SUPER. & KEVIN HALLIHAN, FORESTER SUBJECT: T.R.e. REVIE NAUTICA A~-n THEIR RELATED PAVING /DRAINAGE PLANS - FINAL REVIEW AND SIGN-OFF. FROl\tI: KEN HALL, ENG. PLANS CHECKlINSPECTOR 375-6283 Attached are the final plans for review and sign-off. Please review your comments and if they have been complied. please sign off on the subject plats and infrastructure plans located in the engineering division. If your comments hav not been addressed. please advise the Development Department by the end of 0 February 12th. anks for your cooperation. KRH/krh 9 1-~ r~ ~-~ .,- D C: William Hukill, Dev. Dir. and to file memotrc vr- 'r P J,-~ ~ ~ rp~L ~~~ PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-084 FROM: William Hukill City Engineer ~II Tambri J. Heyden ~ Planning and zOning,\~~ector Michael E. Haag~'~'l Current Planning dinator February 13, 1996 TO: THROI DATE: SUBJECT: Nautica Sound P.U.D. - Review of infrastructure plans and plat drawings for Nautica Sound P.U.D. - Plat One and Plat Two File No. PLAT 95-006 and PLAT 95-009 Please be advised of the following comments regarding the second review of the above-referenced request: ~ ~~r1,I AS Plat One - Plat and infrastructure drawinas (PLAT. 95-008t "'_ ' __' " .---.,/~ v,__ . ~----- - ---.-' .-.............,. ---" -'-"-~.........' ........' ---........... ---.- --- ~ ~"'\ 1.~~ Show compliance with the minimum lot frontage for irregular. shaped lots as specified on the master plan by providing a letter, signed and sealed by the engineer of record for the project, that lists no less than the minimum lot frontage at the fifteen (15) foot front setback line for the below listed irregular shaped lots. Thirty-seven point five (37.5) feet is the minimum lot frontage allowed fo~~e lot~ at the fifteen (15) foot front setback liney~o prov1a~ a-current l~sEOr-tne areas or-eaclllOt. in plat one verifying that the lot areas are in compliance with the minimum lot area of 5,000 square feet for "Zero-Lot-Line" lots. .-.~;:;;- -.. Plat Two Lots 29, 173,171, 89, 87, 88, 30, 31, 32, 39, 40, 41, 42, 141, 143, 109, 110 and 111. ~ _________ . --.-r-._~-_.r -------- ~. _/'..--..._._--_.......~ - Plat and infrastructure'''drawinqs (PLAT 95-009) .....--.....---~~~ 'li 2. Uf ~, Show compliance with the minimum lot frontage for irregular shaped lots as specified on the master plan by providing a letter, signed and sealed by the engineer of record for the proj ect, that lists no less than the minimum lot frontage at .J the fifteen (15) foot front setback line for the below listed irregular shaped lots. Thirty (30) feet is the J minimum lot frontage allowed for he lots at the 'ft en ~ ___t15)_J9<?t f~Lf!~!:ba~k liEeJ Also prov~ e a current ~st of the ar~s of each ot in plat two verifying that the lot areas are in compliance with the minimum lot area of 5,000 square feet for "Zero-Lot- Line" lots and 4,500 square feet for "Z" lots with at least thirteen (13) "Z" lots having a minimum area of 5 000 square feet. Lots 339, 340, ~41: 342'~ B.O.A. - Documents (PLAT 95-006 and PLAT 95-009) 3. Submit for review the supplemental declaration documents for plat two. 4. Submit to the Planning and Zoning Department and Development Department a copy of the recorded Association Documents for Nautica Sound Plat One. Page 2 MEMORANDUM NO. 96-084 Nautical Sound PUD Plat I and II PLAT 95-008 PLAT 95-009 5. The first amendment to the Declaration of Covenants, Restrictions and Easements for Nautica Sound for plat one shall include language regarding the HOA's responsibility for the maintenance of the landscaping in Tract "B" (Springfield Boulevard). Please add the language to Section 1.C. of Article IX. ~ 6. The first amendment to the Declaration of Covenants, Restrictions and Easements for Nautica Sound for plat one shall not be recorded in Palm Beach County until the City Attorney and the Development Department Director have approved the document. 7. The supplemental declaration documents for plat two shall not be recorded in Palm Beach County until the City Attorney and staff have approved the document. 8. Following the recording of Nautica Sound Plat one and Plat Two and prior to recording the first amendment to the Declaration of Covenants, Restrictions and Easements for Nautica Sound place the plat book and page number for plat one and two on the document. Contact the Engineering Division of the Development Department for the procedures to follow in recording the plats and the first amendment document. MEH:dim xc: Central File a:NAUTCIA2.PLT MEMORANDUM rDJM&U\VJ~~ /JlJ F:B 2 0 1996 l.0 ENGINEERING CITY OF BOYNTON BEACH TO: Ken Hall, Engineering Plans CHK/INSP. william Hukill, Development Director . . }/;/ Michael J. Pawelczyk, Assistant City Attorney ~7t~ Nautica Sound - First Amendment to Declaration FROM: RE: DATE: February 16, 1996 I have reviewed the Amendment to the above-referenced Declaration. I approve the document as to its form, however, I express the concerns of Mike Haag regarding the location of the supplemental documents which refer to Plat 2. Apparently this is supplemental additional property which is not mentioned in the original Declaration. Further, there is no reference to maintenance of the road in the original Declaration, and this should therefore be placed in the amendment. ~!Ui[Cl(" ~ ~ ~_~~A.Co cP MJP/lmh 900182 MEMO NAUTAMND.DEC 00 JJ~::~ ill ENGINEERING MEMO #96-230 DATE: July 12, 1996 '$ (IJ' ~(JIII If,.<.. TO: BILL CAVANAUGH, FIRE PREVo OFF. ROBERT EICHORST, P.W. DIR. SGT. MARLON HARRIS, P.D. T AMBRI HEYDEN, PLAN. & ZONING DIR. SKIP MILOR, UTIL. CHIEF FIELD INSP. AL NEWBOLD, DEPUTY BLDG. OFF. JOHN WILDNER, PARKS SUPER. & KEVIN HALLIHAN, FORESTER FROM: KEN HALL, ENG. PLANS CHECK/INSPECTOR 375-6283 @. SUBJECT: T.R.C. FINAL REVIEW AND APPROVAL, NAUTICA SOUND, PLAT TWO A TT ACHED IS THE PLAT FOR COMMISSION APPROVAL AND THE REVISED PAVING, GRADING AND DRAINAGE PLANS. IF YOUR COMMENTS HA VE BEEN MET AND YOU HAVE NOT ALREADY SIGNED OFF ON THE PLANS, PLEASE DO SO NO LATER THAN JULY 26. IF THE PLAT OR PLANS STILL DO NOT REFLECT YOUR COMMENTS, PLEASE ADVISE ENGINEERING PRIOR TO THE AFOREMENTIONED DA TE. IN EITHER INSTANCE, PLEASE RETURN YOUR PLANS TO ENGINEERING FOR COMMISSIONER DISTRIBUTION. THANKS. KRH l1Ju /_ ~~ ~vLuV C: William Hukill, Dev. Dir, and to file NAUTSND.PT2 ~-o PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-380 TO: THRU: Tambri Planning FROM: Michael E. Haag Current Planning DATE: July 26, 1996 SUBJECT: Nautica Sound P.U.D. - Review of infrastructure plans and plat drawings for Nautica Sound P.U.D. - Plat Two File No. PLAT 95-009 Please be advised of the following comments regarding the third review of the above-referenced request: Plat and infrastructure drawinqs 1. Show compliance with the minimum lot frontage for irregular shaped lots as specified on the master plan by providing a letter, signed and sealed by the engineer of record for the project, that lists the minimum lot frontage at the fifteen (15) foot front setback line for the below listed irregular shaped lots. Thirty (30) feet is the minimum lot frontage allowed for the lots at the fifteen (15) foot front setback line. Lots 339, 340, 341, 342, and 343. Supplemental Declaration to Covenants and Restrictions 2. Submit to the Planning and Zoning Department and Development Department a copy of the recorded association documents for Nautica Sound Plat One including the first amendment. 3. Following the recording of Nautica Sound Plat Two and prior to recording the supplemental declaration documents, reference on the supplemental document the plat book and page number for plat two. Contact the Engineering Division of the Development Department for the procedures to follow in recording the plat and association documents. 4. Submit to the Planning and Zoning Department and Development Department a copy of the recorded supplemental declaration documents. 5. Modify the second sentence of Article II 5. A. to indicate that the berm shall be constructed within said landscape easement, as well as landscape material consistent with the approved plans. 6. Modify the third sentence of Article II 5. A. to add that the owners of lots 249 through 275, inclusive, shall be responsible for maintaining the landscaping depicted on the approved landscape plans, as well as the hedge and that portion of the referenced landscape easement. 7. Modify the second sentence of Article II 5. B. to indicate that in addition to the continuous hedge, other landscape material specified on the approved landscape plan shall be planted adjacent and parallel to the rear property line. TO: PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-380 THRU: Tambri J. Planning and FROM: Michael E. Haag Current Planning DATE: July 26, 1996 SUBJECT: Nautica Sound P.U.D. - Review of infrastructure plans and plat drawings for Nautica Sound P.U.D. - Plat Two File No. PLAT 95-009 Please be advised of the following comments regarding the third review of the above-referenced request: Plat i -!<v l'" ~ / ~'v oV \ ~- \- j</' .tf' . \0 1;V" l.'" ,) \ ,,)9 .tot-I f::.Lt) \/ ,~\,,:; t,k) I ,\l \ ty ~~ I( t/I~~ \J. ~~7 S .P ~ ~~ o l' L[J and infrastructure drawinqs Show compliance with the minimum lot frontage for irregular shaped lots as specified on the master plan by providing a letter, signed and sealed by the engineer of record for the project, that lists the minimum lot frontage at the fifteen (15) foot front setback line for the below listed irregular shaped lots. Thirty (30) feet is the minimum lot frontage allowed for the lots at the fifteen (15) foot front setback line. Lots 339, 340, 341, 342, and 343. Supplemental Declaration to Covenants and Restrictions 2. 3. 4. ",<9 e O\LV o\{9 Submit to the Planning and Zoning Department and Development Department a copy of the recorded association documents for Nautica Sound Plat One including the first amendment. Following the recording of Nautica Sound Plat Two and prior to recording the supplemental declaration documents, reference on the supplemental document the plat book and page number for plat two. Contact the Engineering Division of the Development Department for the procedures to follow in recording the plat and association documents. Submit to the Planning and Zoning Department and Development Department a copy of the recorded supplemental declaration documents. Modify the second sentence of Article II 5. A. to indicate that the berm shall be constructed within said landscape easement, as well as landscape material consistent with the approved plans. Modify the third sentence of Article II 5. A. to add that the owners of lots 249 through 275, inclusive, shall be responsible for maintaining the landscaping depicted on the approved landscape plans, as well as the hedge and that portion of the referenced landscape easement. Modify the second sentence of Article II 5. B. to indicate that in addition to the continuous hedge, other landscape material specified on the approved landscape plan shall be planted adjacent and parallel to the rear property line. Page 2 MEMORANDUM NO. 96-380 Nautical Sound POD Plat II PLAT 95-009 o\"Q >),6) Vru o ~@ c)L@ ~ \lJ(~;/ f) 0\ v (9 Modify the third sentence of Article II 5. B. to indicate that the owners of lots 182 through 188, inclusive, and lots 420 through 424, inclusive shall be responsible for maintaining the landscape easement including, but not limited to, the sod, the hedge and any other plantings and trees located thereon as depioted on the approved landscape plan. Modify the second sentence of Article lIS. C. to indicate that the berm shall be constructed within said landscape easement and landscape material consistent with the approved plans shall be planted in the easement including a continuous hedge planted atop the berm. Add to the end of the third sentence of Article II 5. C., "........... as shown on the approved landscape plan." Add the following to the end of the fourth sentence of Article II 5. C.: "........ as shown on the approved landscape plan." Modify the beginning of the third sentence of Article II 5. D. to indicate that in addition to a hedge, other landscape material depicted on the approved landscape plans shall be planted along the rear of the referenced twenty (20) foot landscape easement. Add the following to the end of the fourth sentence of Article II 5. D.: "......... as shown on the approved landscape plan." a~: ~ Add,the following to the end of the fifth sentence of ~ Artlcle II 5. D.: "........ as shown on the approved landscape plan." 15. Show lots 312, 327 and 330 as floaters rather than "Z" lots by showing south side of 312 and 327 and the north side of 330 as straight lines. Also properly identify lots 312, 327 and 330 on the lot detail drawing as floater lots. 16. Applicant will need to redline the Planning and Zoning Department's copy of the approved master plan to reflect for following changes: a) perimeter setback for lots 406 - 424 on sheet 4 of 5; b) amend one-sided floater detail on sheet 4 of 5 to match note (B) of the screen enclosure setback chart on sheet 2 of 5 regarding 10 feet to 5 feet for side building setback and 12 feet to 8 feet for side jacuzzi setback; and c) add a detail for corner lots that are also back to back lots to clarify a required setback of 8 feet rather than 5 feet for screen enclosures (change lot numbers on corner lot floater detail accordingly) . MEH:dim xc: Central File a:NAUTCIA3.PLT ,~)[f-':-"'.'" . liIlJ ~ :'2 i9~~ ik~ DATE: August I, 1996 FAXED TO 305-771-4923 ENGINEERING MEMO # 96- 258 N: MICHAEL J. PAWELCZYK, ESQ. FROM; KEN HALL, ENG, PLANS CHK/INSP, ~ SUBJECT: REVIEW I APPROV AL OF NAUTICA SOUND (PLAT 2) SUPPLEMENTAL DECLARATION PLEASE REVIEW THE SUBJECT DECLARATION FOR LEGAL SUFFICIENCY AT YOUR EARLIEST CONVENIENCE. PLAT TWO IS SCHEDULED FOR THE AUGUST 6,1996 COMMISSION MEETING. IF THERE ARE CORRECTIONS OR REVISIONS REQUIRED, PLEASE ADVISE ELLEN S. SIFF AT THE NUMBER SHOWN ON THE COVER LETTER AND ADVISE ENGINEERING OF SAME. THANK YOU FOR YOUR COOPERATION. KRH C: William Hukill, Dev. Dir. Mike Haag, Site Admin. (inc1 document) Rosemarie Lamanna, Paralegal KRH/krh ntsndhoa.rev RUDEN MCCLOSKY SMITH SCHUSTER & RUSSELL, P.A. 200 EAST BROWARD BOULEVARD FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1 900 FORT LAUDERDALE, FLORIDA 33302 (954) 764-6660 FAX: (954) 764-4996 ATTORNEYS AT LAW WRITER'S DIRECT DIAL NUMBER: (954) 761-2909 E-MAIL: ESS@RUDEN.COM July 31, 1996 @ ~ @ ~ B W tF \:~\\ 3 I i=,~;~ \1 I, \ 1_ _ -' ~. \~U ~NG\NEER1N~ J l.., HAND-DELIVERED Ken Hall Engineering Department City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 Re: Supplemental Declaration-Nautica Sound Dear Mr. Hall: Per Gary Arkin's request, enclosed for your review, please fmd a copy of the proposed Supplemental Declaration to Declaration of Covenants, Restrictions and Easements for Nautica Sound. Should you have any questions or concerns regarding this matter, please don't hesitate to contact me. Sincerely, RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P .A. ! 1;- I' .- ,.... 'j, / ,1 ./ '-f' / J' / 1;', !::......- i.~ ~/"'i--<..-- jL../'.. C) I Ellen S. Siff Legal Assistant cc: Gary Arkin FORT LAUDERDALE. MIAMI. NAPLES. ST. PETERSBURG. SARASOTA. TALLAHASSEE. TAMPA PREPARED BY: Mark F. Grant, Esq. Ruden, McClosky, Smith, Schuster & Russell, P .A. 200 East Broward Boulevard Fort Lauderdale, Florida 33301 SUPPLEMENTAL DECLARATION TO DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR NAUTICA SOUND This instrument ("Supplemental Declaration", as defined in the Declaration) is made this day of ,1996 by G.L. HOMES OF BOYNTON BEACH II CORPORATION, a Florida corporation ("Declarant"), whose principal office is located at 1401 University Drive, Suite 200, Coral Springs, Florida, 33071, and is joined by NAUTICA SOUND HOMEOWNERS ASSOCIATION, INC., a Florida corporation not for profit ("Association"), whose principal office is located at 1401 University Drive, Suite 200, Coral Springs, Florida 33071. WHEREAS, Declarant, joined by the Association, has executed and recorded that certain "Declaration of Covenants, Restrictions and Easements for Nautica Sound" in Official Records Book 8939, Page 1368 of the Public Records of Palm Beach County, Florida; and WHEREAS, Declarant, joined by the Association, has executed and recorded that certain "First Amendment to Declaration of Covenants, Restrictions and Easements for Nautica Sound" recorded in Official Records Book Page , of the Public Records of Palm Beach County, Florida ("First Amendment") (hereinafter referred to as the "Declaration"); and WHEREAS, Article III, Section 1 of the Declaration provides for the recording, from time to time, of a "Supplemental Declaration" to commit "Additional Property" to the "Property" (all as defined in the Declaration) subject to the terms and provisions of the Declaration; and WHEREAS, Declarant has, pursuant to the Declaration, declared "Nautica Sound" (as defined in the Declaration) to be Property and subject to the Declaration; and WHEREAS, Declarant is the owner of and now desires to declare all of the real property ("Additional Property") described on the Plat of NAUTICA SOUND, P.U.D.-PLAT TWO, recorded in Plat Book , Page ____ through ____, inclusive, of the Public Records of Palm Beach County, Florida (hereinafter referred to as the "Additional Plat"), to be "Property" and subject to the Declaration; NOW, THEREFORE, Declarant, joined by the Association, hereby makes this Supplemental Declaration and hereby declares that the Additional Property shall be deemed "Property" under the Declaration, and shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the covenants, restrictions, easements, reservations, regulations, burdens and liens set forth in the Declaration, the First Amendment and in this Supplemental Declaration. FTL:131441:13 1 ARTICLE I DEFINITIONS The terms defined in the Declaration are incorporated herein by reference. Such terms are identified by initial capital letters and appear in quotation marks when used herein for the first time. ARTICLE II DESCRIPTION OF PROPERTY AND LAND USE AREAS 1. The portions of the Additional Property designated on the Additional Plat as Lots 182 through 424, inclusive, are each hereby declared to be a "Lot" for a residential "Home" to be constructed as those terms are defined in the Declaration. 2. The portions of the Additional Property designated on the Additional Plat as Lots 212 through 220, inclusive, Lots 223 through 233, inclusive, Lots 235 through 240, inclusive, Lots 310 through 312, inclusive, Lots 315 through 324, inclusive, Lots 327 through 330, inclusive, and Lots 333 through 339, inclusive, are each hereby declared to be a "Lake Lot" as defined in the Declaration. 3. The portion of the Additional Property designated on the Additional Plat as Tract "A" is hereby declared to be "Streets," "Drives," "Roads" and/or Roadways," as defined in the Declaration, but subject to the requirements set forth on the Additional Plat. 4. The portions of the Additional Property designated on the Additional Plat as Water Management Tract "L-5" is hereby declared to be a "Lake" as defined in the Declaration. 5. In addition to the Landscape Easements established in the Plat and the Declaration, Nautica Sound shall also be subject to the Landscape Easements on the Additional Plat and as set forth herein. Each Landscape Easement shall be 'maintained in accordance with Article IX of the Declaration and as set forth below: A. The rear fifteen (15) feet of Lots 249 through 275, inclusive, is a fifteen (15) foot wide Landscape Easement as designated on the Additional Plat. A berm shall be constructed within said Landscape Easement and the landscape material shown on the landscape plans included within the Record Approvals, as such landscape plans may be amended from time to time (the "Approved Landscape Plans"), shall be planted in the Landscape Easement, including a continuous hedge planted atop the berm. The Owners of Lots 249 through 275, inclusive, shall be responsible for maintaining the hedge and that portion of the Landscape Easement in front of the hedge, including, but not limited to, the sod, and any and all plantings and trees located thereon as shown on the Approved Landscape Plans. The Association shall be responsible for FTL:13H41:13 2 maintaining that portion of the Landscape Easement between the rear of the hedge and the rear property line and shall have a perpetual nonexclusive easement over and across said Lots for the purpose of maintaining said Landscape Easement. Notwithstanding anything contrary contained in the Declaration, Owners of Lots 249 through 275, inclusive, are permitted to erect a fence parallel to the rear property line of the Lot only if said fence is located parallel and immediately adjacent to the front face of the hedge and provided the Owner complies with the provisions of Article VIII and Article X, Section l6 of the Declaration. B. The rear fifteen (l5) feet of Lots l82 through l88, inclusive, and Lots 420 through 424, inclusive, is a fifteen (l5) foot wide Landscape Easement as designated on the Additional Plat. The landscape material shown on the Approved Landscape Plans, including a continuous hedge, shall be planted adjacent and parallel to the rear property line. The Owners of Lots l82 through l88, inclusive and Lots 420 through 424, inclusive, shall be responsible for maintaining the Landscape Easement including, but not limited to, the sod, the hedge and any and all plantings and trees located thereon as shown on the Approved Landscape Plans. Notwithstanding anything contrary contained in the Declaration, Owners of Lots l82 through l89, inclusive, and Lots 420 through 424, inclusive, are permitted to erect a fence parallel to the rear property line of the Lot only if said fence is located on the rear property line of the Lot such that all plantings within the Landscape Easement are in front of the fence and provided the Owner complies with the provisions of Article VIII and Article X, Section l6 of the Declaration. C. The rear twenty (20) feet of Lots 243 through 249, inclusive, is a twenty (20) foot Landscape Easement as designated on the Additional Plat. A berm shall be constructed within the Landscape Easement and the landscape material shown on the Approved Landscape Plans shall be planted wi thin the Landscape Easement, including a continuous hedge planted atop the berm. The Owners of Lots 243 through 249, inclusive, shall be responsible for maintaining that portion of the Landscape Easement in front of the hedge, including, but not limited to, the sod, the front of the hedge, and any and all plantings and trees located thereon as shown on the Approved Landscape Plans. The Association shall be responsible for maintaining that portion of the Landscape Easement between the rear of the hedge and the rear property line, including, but not limited to, the sod, the top and rear of the hedge and any and all plantings and trees located thereon as shown on the Approved Landscape Plans. Notwi thstanding anything contrary contained in the Declaration, Owners of Lots 243 through 249, inclusive, are permitted to erect a fence parallel to the rear property line of the Lot only if said fence is five (5) feet tall and located parallel and immediately adjacent to the front face of the hedge and provided the Owner complies with the provisions of Article VIII and Article X, Section l6 of the Declaration. D. The rear fifteen (l5) feet of Lots 276 through 288, inclusive and Lots 405 through 4l9, inclusive, is an F.P.L. Easement as designated on the Additional Plat. Parallel and adjacent to the F.P.L. Easement is a twenty (20) foot Landscape Easement as designated on the Additional Plat. The landscape material shown on the Approved Landscape Plans, including a hedge, shall be planted along the rear of the twenty (20) foot Landscape Easement parallel and adjacent to the F.P.L. Easement. The Owners of Lots 276 through 288, inclusive, and Lots 405 through 4l9, inclusive, shall be responsible for irrigating the FTL: 131441: 13 3 F.P.L. Easement and for maintaining the Landscape Easement, including, but not limited to, the sod, the front and top of the hedge, and any and all plantings and trees located thereon as shown on the Approved Landscape Plans. The Association shall be responsible for maintaining the fifteen (15) foot F.P.L. Easement and the rear of the hedge adjacent to the twenty (20) foot Landscape Easement as shown on the Approved Landscape Plans. Notwithstanding anything contrary contained in the Declaration, Owners of Lots 276 through 288, inclusive, and Lots 405 through 419, inclusive, are permitted to erect a fence parallel to the rear property line of the Lot only if said fence is located on the rear line of the Landscape Easement parallel and immediately adjacent to the rear face of the hedge such that all plantings within the Landscape Easement are in front of the fence and provided the Owner complies with the provisions of Artlcle VIII and Article X, Section 16 of the Declaration. The rear fifteen (15) feet of the Landscape Easement on Lots 276 through 288, inclusive and Lots 405 through 419, inclusive, is an F.P.L. Aerial Easement as designated on the Additional Plat. The Owner of a Lot within an F.P.L. Aerial Easement shall be responsible to maintain all plantings, trees and other landscaping growing within the easement at a height not to exceed fourteen (14) feet. In the event the Owner fails to so maintain the F. P. L. Aerial Easement, both the Association and F.P.L. have the right to enter upon the Lot to maintain the height of all plantings, trees and landscaping growing within the F.P.L. Aerial Easement at or below the fourteen (14) foot maximum height. If F.P.L. maintains their Aerial Easement, F.P.L. will bill the Association for the cost of such maintenance. The Association shall have the right to collect from an Owner who fails to maintain the F.P.L. Aerial Easement as set forth herein the cost of the maintenance of the Aerial Easement charged by F.P.L. or otherwise incurred by the Association if such maintenance was undertaken by the Association which costs shall be treated as an Assessment subj ect to the provisions for collection of Assessments as set forth in the Declaration. E. With respect to all Landscape Easements set forth in the Declaration, Supplemental Declaration, Plat and the Additional Plat, all references to "front" refer to the house side and all references to "rear" refer to the side facing the rear property line of the Lot. F. With respect to the Landscape Easements defined in paragraphs A through D above, in the event an Owner fails to maintain the Landscape Easements located on his or her Lot, the Association shall be obligated to do so and shall impose the cost thereof upon such Owner without the necessity of notice or a Hearing and said cost shall constitute a lien upon the applicable Lot and Home with the same force and effect as liens for Operating Expenses. G. Notwithstanding anything to the contrary on the Additional Plat or herein, the Declarant reserves and grants a perpetual nonexclusive easement or easements in favor of Declarant, the Association and their designees, for ingress and egress over and across the fifteen (15) foot F.P.L. Easement, as designated on the Additional Plat, located on the side of Lots 276 and 277 and the rear of Lots 276 through 288, inclusive, and on the side of Lots 418 and 419 and the rear of Lots 405 through 419, inclusive, for the purpose of fulfilling its duties and responsibilities of maintaining the Landscape Easements as set FTL:131441:13 4 forth in the Nautica Sound Documents and as may be determined by the Association from time to time. 6. The portions of the Additional Property designated on the Additional Plat as Tracts "B", "c" and "D" are Association Property and are hereby declared to be "Landscaped Areas" and "Grassed Areas" as defined in the Declaration. The Owner of Lot 424 and the Owner of Lot 267, their lessees, invitees and guests, shall have the exclusive right of use of and the obligation to maintain Tract "C" and Tract "D", respectively; however, said Owners may not construct, erect or place any permanent or temporary improvements thereon, including, by way of example and not limitation, fences, walls or hedges. Notwithstanding the foregoing, the Association has the right to use Tract "D" to access for maintenance purposes, the fifteen (15) foot Landscape Easement behind Lots 249 through 275, inclusive. 7. A fifteen (15) foot F. P. L. Easement exists commencing at the Chesapeake Circle right-of-way line (a) proceeding east across Lots 276 and 277 and (b) proceeding west across Lots 418 and 419. No fence or other Improvement can be installed within or across these F.P.L. Easements without the express prior written consent of F.P.L. which written consent must be included with the required application for said fence or other Improvement submitted to the Committee for approval. 8. The first sentence of Article IX, Section 1.B of the Declaration as amended is amended to add "and Lots 243 through 249, inclusive," after the word "inclusive," on line 4. 9. Declarant hereby declares that all of the Additional Property designated on the Additional Plat is "Property" and is therefore subject to the applicable land use covenants and the benefits and burdens established under the Declaration as fully as though it were originally designated as such in the Declaration. IN WITNESS WHEREOF, Declarant has executed, and the Association has joined in, this Supplement on the day, month and year first above written. G.L. HOMES OF BOYNTON BEACH II CORPORATION, a Florida corPoration WITNESSES AS TO DECLARANT: Printed Name: By: Title: Vice-President Printed Name: Alan J. Fant (SEAL) Printed Name: FTL:131441:13 5 NAUTICA SOUND HOMEOWNERS ASSOCIATION, INC., a Florida corporation not for profit Printed Name: By: Title: Vice President Printed Name: Alan J. Fant (SEAL) Printed Name: STATE OF FLORIDA ss: COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by Alan J. Fant, as Vice President of G.L. HOMES OF BOYNTON BEACH CORPORATION, a Florida corporation, the general partner of G.L. HOMES OF BOYNTON BEACH II CORPORATION, a Florida corporation, freely and voluntarily under authority duly vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. HelShe is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1996. Notary Public Typed, printed or stamped name of Notary Public My Commission Expires: FTL:131441:13 6 STATE OF FLORIDA ss: COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by Alan J. Fant, as Vice President of NAUTICA SOUND HOMEOWNERS ASSOCIATION, INC., a Florida corporation not for profit, freely and voluntarily under authority duly vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He/She is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this ___ day of , 1996. Notary Public Typed, printed or stamped name of Notary Public My Commission Expires: FTL: 131441: 13 7