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
--...
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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
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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
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a:NAUTCIAS.PLT
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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.
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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)
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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
!
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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.
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12.
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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. .-_____.
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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~
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Page 3
MEMORANDUM NO. 95-682
Nautical Sound PUD
Plat I and II
PLAT 95-008
PLAT 95-009
17.
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19.
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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.
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23.
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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
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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
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I
Fifty-Eight Thousand Seven Hundred Sixty-Six and 40/100 ---------- dollars I
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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
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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
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C: William Hukill, Dev. Dir. and to file
memotrc
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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