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CORRESPONDENCE 0~24-1997 10:52AM FROM LAKE WORTH DRAINAGE 561 495 9694 AKE P.l LAKE WORTH DRAINAGE DISTRICT 13081 Military Trail Delray Beach, Florida 33484 FACSIMILE TRANSMITTAL rD)~@rnow~~ lJ1) SEP 2 4 1991 , ~ DATE: September 24, 1997 ATTN: Tambri Heyden FIRM: City of Boynton Beach PLAN~.WiG ~.ND ZQIiilifuJEP1 CITY: Boynton Beach TELEPHONE NUMBER: 561-375-6260 FAX NUMBER: 561-375-6259 FROM: ShaughnJ. Webb TElEPHONE NUMBER: (561) 737-3835 OR 498-5363 FAX NUMBER: (561) 495-9694 This transmittal consists of Two (2 ) pages, including this page. If you do not receive all of the pages, or if there are any problems, please call. ADDITIONAL COMMENTS: Re: This facsimile may contain confidential information and is intended only tor the addressee listed above. If you are not the intended recipient, any review, dissemination, disclosure or copyinl of this tranlmittal may be prohibited by law. If you have received this fax by mistake, please notif'lo' us immediately. Thank you. 9-24-:997 10:52AN FROM LAKE WORTH DRAINAGE 561 495 9694 ~.J'IJ'I LAKE WORTH DRAINAGE DISTRICT 13081 Mll.lTARY TRAil OEI-FlAY BEACH. FLORIDA ~ September 24, 1997 Tambri J. Heyden, AICP Director Planning and Zoning City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Subject: Technical Review Committee Agenda - September 23, 1997 Dear Ms. Heyden: The Lake Worth Drainage District offers the following comments regarding the item(s) on the meeting agenda: 1. Cedar Ridge - Density Change; This project is located outside the LWDD Service Area. As always, we thank you for being given the opportunity to conunent. Sincerely, LAKE WORTH DRAINAGE DISTRICT #-J.. ~ ShaughIi J. tebb Chief Inspector SJW :kjr c: Ronald L. Crone, Assistant Manager, L WDD BOYTECH.REV Delray Bea<lh & Boca Ralon (561) 498-5363. Boynton Beach & West Palm Beach (561) 737.3835 . Fax (561) 495.9694 P. 2 80afd 01 SuperviSQl$ C. Slanley Weaver Kennit Oell JOIltII. WitwoIlh lU $oC~~ Wllilm G. Wintell "~am MMI98f Ronsld L. Crone 1t.Ilofne,o PerlY &. Schone. P./\.. LEVINE, FRANK & EDGAR EA. A Professional Association of Attorneys Jay Steven Levine - Also admitted to Practice in Washington, D.C. Jeffrey H. Frank Charles W. Edgar, III James S. Telepman Robert A. Schaeffer May 29, 1996 ~ FEDERAL EXPRESS Mr. Joe Basile Mr. Dave Faris Cedar Ridge Developm ent Corporation 7000 High Ridge Road Lantana, FL 33462-5006 Re: Master Declaration. Articles and By-Laws Gentlemen: Enclosed please find the Master Declaration, Articles, By-Laws for your review (and that of the city if the city so desires). There are a few blanks which must be completed in the Declaration once you provide me with a correct legal description of the overall development, and blanks in the Consents once I receive a correct legal description for the Estates. Because the master documents were not previously placed of record when owners purchased in Cedar Ridge Estates with mortgages, it is important that all owners execute the enclosed Consent of Unit Owners and that all mortgagees of units execute the Consent of Mortgagee enclosed. The proposed amendments to the Declaration for Cedar Ridge Estates and the proposed easement regarding drainage will be forwarded to you during the latter part of this week. Meanwhile, should you have any questions, please call. Very truly yours, (f-tr~~--- Jay Steven Levine JSUbds Enclosures - As Stated b:Iboard2.ftr PAlM BEACH GARDENS: 3300 PGA Boulevard. Suite 500 Palm Beach Gardens, Florida 3341()'2884 (407) 6264700 Fax (407) 627-9479 .' . ...." ..1'........ :'~ ~ ;.~\~:~j~'.. :,'~:, '."~ :~.~:~~:.-:'.' -. - .:..~-~.:-.~~.~:.'-~...;.._~. -(", ~.! ~-: . - 7 L.; CEDAR RIDGE I.. , ~7"'"",,",_~ .......,...,... .-. PRESERVATION AREA MANAGEl\1ENT PLAN FEBRUARY 1997 PREPARED FOR CEDAR RIDGE DEVELOPMENT CORPORATION Prepared By: C&N Environmental Consultants, Inc. 222 South U.S. Highway 1, Suite 201 Tequesta, Florida 33469 (407) 744-7420 '-- '~"-... .:;.:.;\~~1t{~;!:~~;. ~ ; O.':{'t:; , ~ ' ... CEDAR RIDGE PRESERVATION AREA MANAGElVIENT PLAN 1.0 INTRODUCTION A +33.0-acre parcel located in Section 9, Township 45 South, Range 43 East, Palm Beach County, Florida, has been proposed for residentiaJ development and designated as Cedar Ridge. The parcel was systematically surveyed for an environmental assessment conducted in compliance with the City of Boynton Beach's VegetatiOli. and Environmentally Sensitive Lands Ordinance (Chapter 7.5, Article IV), and is therefore, compatible with the definitions and provisions set forth in the ordinance. Field surveys were conducted in May 1995 and again in April 1996 to: 1) identify, locate, and characterize all native vegetative communities and wildlife habitat on the project site; 2) analyze the functional viability and quality of existing habitat; 3) identify the presence of any flora or faunal species listed for protection by the U.S. Fish and Wildlife Service (USFWS). the Florida Game and Fresh Water Fish Commission (FGFWFC), or the City of Boynton Beach; 4) delineate areas with significant ecological value for preservation; 5) identify areas of previous alteration or degradation; and 6) identify surrounding land use and associated impacts. Data collected during the survey was used to target specific species and habitat for future protection 2.0 SITE DESCRIPTION A. Site Location The Cedar Ridge development site is located just east of High Ridge Road and west of Florida's Seacoast Railroad near the northern boundary of the City of Boynton Beach, Florida (Figure 1). The site is bordered to the north by Lake Worth Christian High School, while undeveloped parcels of land abut the southern boundary. The area to be preserved occurs on the southwestern corner of the property. The site is not identified as an "A" quality site on the Palm Beach County Environmentally Sensitive Lands Map. B. Soils Soil underlying the preservation area includes St. Lucie (ScB) fine sand. The Palm Beach county Soil Survey states that this soil is nearly level to sloping, excessively drained, deep and sandy and is located on long narrow, dune-like coastal ridges. The water table is below a depth of 6 feet. C&N Environmental Consultants, Inc. 1 February 5, 1997 CEDAR RIDGE -;, ~ . .- -. ...... : 0;.',: ;: ;..::;: ;,V ._ ;~r 'J' GDRE ..... Fl MAP sotLS ----- ~~ ~ ---~- ----' --- .-~-- CEDAR RIDGE irS?j~':' '.:': Q; - :: ~~j:{f. ~;-;,::, ."~ :'; "., .,'~a:,-.- :"".1 I":'::'::';,,;:' U . ..~ oJ ,,,,r~ ;;; c'5 ~:'.. cla.n! r.L". en 1'-':::- I ilnoe C, ~ .E ~ ~~~.c 0 n; .:~~ ~,. ',' ..,~~- If" I ~n\l\e "ta:.: ~8 0 J; %:~!,~~t'.!!:::'.l,;~v.. ~ \\\lpn S ~ M nl q ~ ;;;. '~;~ ~J.~~i.;i.. ~ \.~c~ x.:.. ~I..SI. 0'a> !t~6 ~~:i~- .\' .ke Geneva 0 ~ ,.' .,. .~: ~",-:::...:- ., Rd :<. ..>,.,., .. ak Plao q~ -~a . . . }v;'cI, ;afOr:."'s, ~ ,. r.. ~ Omaro Or4~' ( . /I OIl . c; ~~C( :~...... i . ~nd Dr ~:::.. I ~LLe~I~1 ~"' J : t1" IdO:, _ ~ - :::lo~ fr;J In ::J . t.-,- Cl .;; I . lJ, ~ . ~ f @~SS or_,- - -al. . ~ L:n 4 A c" ~ ~ ~ . .LANT)." too HOPPrNr: i-r '....D SIO~'1,J c a ~~. <!!':<!,) PLAZA.:a P~~~,"Q~:- -'~ 1. 000,)8'--'-""; rl~ a:1", 0 ~1o~<'7, /l ~ ovCJ.1l1!ll1~ ~ SHOP D Hel .v c: f ~ u:.~~ Ge",v", ln~ I (\j I: 4 6 M_MI~ ~1U>1 ~ <) ""~' '" .-.:;j' PI\_ <a eTR ",11<( Cl ~,~o or c _n'"n ~ Ii "i;" ~I:::J Ch\ It. ~~ ~ - ~ ~ Wfl /--__ eQ.0' -,r:l~ 0 edtS Ct ~ Ii W 'Mango -, .. t; ~ '9. c..; : /' eacoast S ~x. q) E" ~S1~ r :/j I r l;JwlOIQ Cl ~ V t I Zl ~ 0" ~..~ -V' J)o 11~L'k. 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'I "\ .'" 2-Seafold PI , : QQudt \) -7,rn-.:- -~ : R ~~ ~"'1'P' \"3.ThDrtOn O' I :inn Hill Or Old --:;: T. ,.~ ~- M. -.....:;:: c, /; 4 V d. eEM J Plum ~, :;: -- HE -' I ,Il' ~!'kl!SJlo,- \\\.0 1Ead r"'ft W. 'r.;~' erwoo Y I . c:: t-:-c-- ~~ tJ MEADOW:~t...//'<i'<:l" /~rs'~~ur.; ,w;~. ; //j'1"~5.CorneP!," I ~ ~~\,<;!! I R ... ...~ '" 0 Crr Che lerl,e\(1 r I" -' _. r 6-Mendtan , Y I '" r,.--::::~...., 1 ulland Ln ..'1. <::i . :J~' 5:j'; r::rffJ I ,.,~:-; -. ," . ,... f,cus r.e ~ I ,Meadows Park Ln ~ . ..- :". ~~f.l,.~ l;':-SOYNTON' I" Tomatoe Rd , ~y I' .. ljealherlakeOr G =- ._1- -::... I"'). -' ". Ia:.- - I I.v:~ [:=1'1t(-" ~.'yI-N~Ro.,w.rt~~ ~~~<>r;~'" :,,:'<.:t~a'~0l8'tAK~S~ ':--- ~ ~ '3-) I".!'~r.. nn... I 1 . _.. . ..~,.:lc;, ::'LAKCWO TH I 0 0 0 t3 1;~P1n.P1 1..1 7.. , I " " .' --. . ~ ~_ alc ~q',C:~RI.ST'!oNHiGI:f.. CHI~ ~ ~-~;;; ~'a.wio' 0.. I t'*'F ~ wv. (;t\a4"!C C1 ~ e.!2 '-.i":,"'~'~",:,...-,\' ...;.";.f".i;~- .t-:. I.~ ~:~: ~ -~ , '! WiIowOr ~~....<' t ~..5.~~~~.",~"":"~~I~ ~\"'(~c A} 1>>. ~ ~ ~'~~~rgr ~ Sh...iC wrB1inanzi" <' ~ E.... ~. ~en,~ott2'?2..Su"t n~!:~-~:~:'t~?;.;:..;' : ..;:'~ /1 td . ~Iest. R,d Arthur ~ ~JGll~OdCll~ ~~t'"L& ~V.. ....::;;.,.. :~. .'.'. I........ . ., FI.nunoci..<:l 1~ CI,~riJer -1"6..~ l! 18aY~I~ 'r:~ tq J. ,z .I.... ~III .' Rp,t~ I)' ~~ L~ ~ ~I I a:1 ~ ~ BrOOklyn I 48 . ~ r Ln~ILns ~-- ....,. ~.~ ~,~ro:.;,~~ H~ :i';~;~brook!.ft$~ .~ ~......"3 ...-._.":T.~"I, _~C~\ ~ i-'ZS~;t;1 _ , ~.~Y ~...1 :'. 2 WaltollltteatJt:.D .:A'~a $l1$?/.- I 'f , '" L: f;~~ "It ~~ :;.:.;; ~ z Sudbury or 'f-JJ . \~~I MEa lUis: ...~. 'B <; \]Glenea91~ 0 f,c5.. ~~g, .a.~ CTR ":;Q\ (;..,"'. ' 2:\'~~:k .:y~ "'" '.1 IIi!; , ., y ClUb Or 0 ~~ ' <r:.\u." .... ~. -.~crn: 1:1 is ,~\;"'(\'.nlt\~~ '" ....., 'Tl'~. ,r{s.'~~,~.~ ~\-'."..~ . .....f ;:. 'ccii.!.~~ GTu rwo.ISe BI~ .'. .. '~~~""~~~~.- ~ '" . .,~ ,'f,C; ~ .~"; -.s ,I < \' 1A.~ ~'':;A:Nml. .:;1!o.i _)<,~:t. ~. .... '"~~;.._. ~",:,c?i -- ~.... 'Atrr .~~. ~r;;.;t~:.;,._~':.~~ ~". ..t-"Jk'A:. - '.>S;;:'~ ,.=,~~ ~ r~.~'- .~'... .< .7j;'." ".., ~ ..'!),o~,"~. ~.. 'to?".ffi ~~.~. ~ 'r~' .f-~~ \ (}.. . . ..~~~: .~. ,""ii'1n~~.b~01J. ~,~a.VrldQ"Rd~. .. .' ......... .o.!'~2-:P:llmIHart>ortOt S' luO r~""j( I _ if) ;:I~' cIR~- " ~-. P" ce Or:!?t ..] ;:',,: -', :' M sn...rry ~ 0 I , _'J"~: .:.- ........<., Pi 49Ln ~~ IV Jf -'........ ", : '" , . '/-- .~ \1r~ ,- j~~~i ~ 0 j I\~' '~~a~ ,:,:l~~~ 1./' a: '1'" v 11'1 en la>k Cl "-' .' ,10' l.g ~ ,: < 11 : ~ r;:i:i:. IV"''''''' .,- ., ,...j ~ '~d I COUNTY PARK AIRPORT f!li1" ~~!'2J ~~ bli 1.t.lA'l , , . RD. . FIGURE 1: SITE LOCATION MAP L~{1"E. i-aA110N :\~.}; \ \i.: .:'. ..-........ ...,:'....-- .' .~:-' ~~. ::.. ::"",'.~"": ...:' ,,;": :~.. C. Vegetation The disturbed scrubby flatwood community occurs on the western edge of the preservation area. It exhibits disturbance probably as a result of the construction of High Ridge Road. Sand pine scrub, oak scrub, and xeric oak hammock has been included in the scrubby tlatwoods community due to the small area of each habitat type and the dominance of slash pine (Pinus elliottz). The canopy is dominated by slash pine which is generally open. Other canopy species include . sand pine (Pinus clausa) , ,scrub live oak (Quercus geminata, Q. myTtifolia,. Q. chapmanii), silkbay (Persea humilis), and Brazilian pepper (Schinus terebinthzfolius). The community transitions from the west from pine flatwoods to more xeric scrub communities. Historically, the ridge canopy was mostly sand pine but human disturbance and clearing activities have resulted in a loss of most of the sand pine. The preservation area comprises the highest quality scrub/scrubby flatwood areas existing on the parcel. Understory species include saw palmetto (Serenoa repens), cabbage palm (Sabat palmetto), lovevine (Cassytha filiformis), rusty lyonia (L yonia ferruginea), tartlower (Befaria racemosa), tallowwood (Ximenia americana), pawpaw (Asimina reticulata), and pennyroyal (Piloblephis rigia). Ground cover species include gopher apple (Licania michau.;rii), prickly pear cactus (Opuntia compressa), shiny blueberry (Vaccinium myrsinites), reindeer moss (Cladina sp.), wiregrass (Aristida stricta), golden aster (Heterotheca subaxillaris), palafoxia (Palafoxia feayz), beautyberry (Callicarpa americana), and silkgrass (Pityopsis graminifolia). Wild grape (Vitis sp.), earleaf acacia (Acacia sp.), areca palm (Chrysalidocarpus sp.), mimosa (Albizia julibrissin), and umbrella trees (Scheffelera brassia actinophylla) also occur in areas of former disturbance near the edges of this community. With management, much of this area will be restored to optimal conditions. Lack of fire and other associated management has resulted in areas overgrown with extensive areas overgrown with wild grape, greenbriar (Smilax sp.), and exotic vegetation resulting in numerous dead canopy species. With management, the preservation area will provide habitat for numerous wildlife species endemic to scrub habitat. D. Wildlife Use Wildlife known to occur on this parcel include several species of mammals and birds such as raccoon (Procyon fotor), cottontail rabbit (Sylvilagus floridanus), opossum (Didelphis marsupialis), gray squirrel (Seivrus carolinensis), mourning dove (Zenaida macroura), common flicker (Colaptes auratus), and mocking bird (Mimus polyglottos). Gopher tortoises (Gopherus polyphemus), which historically occurred on the parcel, were relocated off-site on June 26 per FGFWFC Permit No. WR95111. C&N Environmental Consultants, Inc. 2 February 5, 1997 3.0 LISTED SPECIES SURVEY A list of potentially occurring state and federally protected species was compiled prior to field survey to develop specific survey methodology to accurately determine the presence or site utilization of protected species (Tables 1 and 2). Plant and animal species determined to be endangered, threatened, or of special concern by the U.S. Fish and Wildlife Service (USFWS) and FGFWFC were evaluated for the potential of occurrence on the Cedar Ridge parcel based upon known or expected population distribution and range, preferred habitat types, and documented occurrence. A listed species field survey was conducted throughout the parcel in an effort to observe any sign of site utilization of protected species. Weather conditions during the survey varied from sunny to partly cloudy. Temperatures were mostly in the mid-eighties and wind speeds ranged from 5 to 10 mph. Survey hours varied throughout the day. Early morning surveys were conducted to document bird utilization and late afternoon surveys facilitated observations for mammalian species. With the exception of prickly pear cactus (Opuntia compressa) and wild pine (Tillandsia sp.), no other listed species were observed on the parcel. 4.0 RESPONSIBILITIES OF THE DEVELOPER The following management plan shall be used to govern all activities or concerns relating to preservation areas and conservation easements noted on the development plan. The goal of this plan is to assure the continued viability of all preservation areas and/or conservation easements within the Cedar Ridge parcel. The developer and Homeowners Association (HOA) will be responsible for the implementation of this plan through its contractors. No alterations are permitted to this plan or within the preservation areas and/or conservation easements without prior approval from the City of Boynton Beach. The objective of the Cedar Ridge Management Plan is to ensure that the natural integrity of the preservation area will remain undisturbed throughout construction activities and in perpetuity. The scope of the work is as follows: -Designation of preservation areas and conservation easements -Clearing, grubbing, and debris removal -Excavation or fill activities -Implementation of Management Plan A. Designation of Preservation Areas and Easements The owner or his assignee shall clearly delineate the preservation area and appropriately mark the area to prohibit encroachment during clearing and grubbing activities (Attachment 1). Appropriate markings shall include but not be limited to a six (6) foot high C&N Environmental Consultants, Inc. 3 February 5, 1997 TABLE 1. LISTED WILDLIFE SPECIES POTENTIALLY OCCURRING ON THE CEDAR RIDGE PARCEL. Common Name Scientific Name FGFWFC USFWS Occurrence Eastern indigo snake Drymarchon corais couperi T T Possible Gopher tortoise Gopherus polyphemus SSC UR2 Florida pine snake Pituophis melanoleucus SSC UR2 Unlikely Florida mouse Podomys floridanus SSC UR2 Possible Gopher frog Rana areolata aesopus sse UR2 Possible Southeastern kestral Falco sparverius paulus T C2 Unlikely Red-cockaded woodpecker Picoides borealis T E Unlikely Sherman's fox squirrel Sciurus niger shermani sse C2 Unlikely Florida scrub jay Aphelocoma coerulescens T T Unlikely E = Endangered T = Threatened SSC = Species of special concern UR2 = Under review for listing C2=A candidate for Federal listing FGFWFC=Florida Game and Fresh Water Fish Commission USFWS = United States Fish and Wildlife Service TABLE 2. LISTED PLANT SPECIES POTENTIALLY OCCURRING ON THE CEDAR RIDGE PARCEL. Common Name Scientific Name FDA USFWS Occurrence Curtiss milkweed Asclepias cunissii E Unlikely/Not observed Four petal pawpaw Asimina tetramera E E Unlikely/Not observed Scrub mint Conradina grandiflora E C2 Not observed Prickly pear cactus Opuntia compressa T Present Nodding pinweed Lechea cemua E C2 Unlikely/Not observed Scrub palmetto Sabal etonia T Possible/Not observed Wild pine Tillandsia spp. T Present E = Endangered T = Threatened SSC = Species of special concern U R2 = Under review for listing FDA=Florida Department of Agriculture and Consumer Services USFWS = United States Fish and Wildlife Service \ / . ";~~~~i:?;i;J~ chain link fence installed around the entire perimeter of the preserve. All fenced areas shall be inspected by the City of Boynton Beach prior to clearing and grubbing. The utility easement along High RidgeRroad shall be maintained (ie mowed/not planted) per requirements. B. Clearing. Grubbing. and Debris Removal To prevent damage to preserve vegetation during clearing and grubbing activities, the perimeter of the preserve will be root-pruned to a depth of 4 feet at least 3 weeks prior to clearing. The root-pruning wi.ll occur 2' outside the pres,erve boundary. Trees, shrubs, stumps, etc. shall be disposed of in accordance with local, state, and federal regulations. Other domestic debris and household trash shall be removed from the site and disposed of in an approved landfill site C. Excavation/Fill Areas Excavation/fill limits shall be marked by the owner or his assignee. Grade changes adjacent to upland preservation areas will be engineered so that any cut or fill will not encroach on any preservation areas or allow surface water runoff to sheet flow into or out of the preservation area. Placement of the fill shall be accomplished by the contractors at the direction of the owner or his assignee. Prohibited activities in the preservation areas include but are not limited to: construction or placing of building materials on or above the ground; dumping or placing soil or other substances such as garbage, trash, and cuttings; removal or destruction of native trees, shrubs or other vegetation unless previously outlined in the Cedar Ridge Management Plan; excavation, dredging, or removal of soil material, diking or fencing, recreational vehicle use, and any other activities detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife habitat conservation or preservation. No alterations are permitted within the preservation areas and easements without prior approval of the City of Boynton Beach. D. Implementation of Management Plan The following Management Plan has been designed to conform with all state, county, and City of Boynton Beach guidelines which are in place for the protection of listed species and associated habitat allocated for the preservation areas. The Homeowners Association (HOA) documents will include mandatory management guidelines to be followed in perpetuity. C&N Environmental Consultants, Inc. 4 February 5, 1997 . .'.~.~";~~~J\;:;; 5.0 MECHANICAL MANAGEMENT A. Purpose Mechanical management of vegetative communities in the preservation areas will be implemented to maintain and enhance the habitat and wildlife values for plant and animal species occurring within the preservation areas. While somewhat more intrusive and less natural than fire as a management tool, mechanical measures have been successful in achieving the ecological objectives of habitat management. B.. Objectives Beneficial results from mechanical management includes opening the canopy to allow sunlight to penetrate the forest floor and increase herbaceous growth. This opening of the canopy allows the regeneration of canopy species and decreases the density of overgrown understory species to prevent succession to senescent scrub. Regularly implemented mechanical management effectively arrests plant succession, maintaining the xeric oak/sand pine scrub in a state most beneficial to indigenous wildlife species. C. Mechanical Management Prescription Mechanical methods of managing scrub habitat, although still experimental, will be used in the Cedar Ridge preservation areas where burning is prohibited because of safety constraints. This prescription minimizes adverse impacts whenever possible to protect the ecosystem under management and maintain the natural integrity of the preservation areas. Mechanical management, though thought to be less beneficial than fire management, may be implemented to achieve management objectives. In many instances, weather conditions, droughts, smoke sensitive areas, or other considerations prohibit the use of fire as a management tool. Mechanical management has been selected because it is more effective in opening up small areas of overgrown vegetation and to achieve the management objectives. Mechanical management is considered more destructive to soil, seed source, and wildlife than fire. However, periodic management may prevent the encroachment of woody perennials and maintain young oak trees which are more susceptible to fire damage. Hand clearing alleviate soil and seed source damage. The xeric oak canopy in the preservation area is closed and in need of selective thinning. The understory is overgrown with exotic vegetation and prevents the sunlight from penetrating the ground floor, effectively eliminating herbaceous growth. This also, reduces foraging area and travel corridors for other wildlife species. The overgrown understory also effectively prevents the successful reseeding of young oak and understory species in much of the preservation area. Without some management, the scrub community will offer very little habitat value for wildlife species. C&N Environmental Consultants, Inc. 5 February 5, 1997 ./ - ..... .., - . ~. ~:"?~'~':l:i::'~}!~" .. - _.-.__.--~~-- The mechanical preSCrIptIon for the Cedar Ridge preservation areas proposes to use selective thinning for canopy species. Selective thinning by chainsaw of the canopy should be implemented manually on up to ten percent (10%) of the oak scrub community to open up the area for reseeding and to increase the quantity and quality of herbaceous ground cover. This technique should be implemented approximately every 7-10 years. Minimal soil disturbance should occur so as not to lose the native seed source. Exotic vegetation removal will comprise the primary management component. Areas of extensive exotic removal will be re-planted with containerized vegetation. Track equipment will not be used in the preservation area due to both the small size of the area and the sensitivity of rf1e root systems within the. oak community. All management will be implemented and debris removed by hand (chainsaw). All other native vegetation in the preservation areas will remain undisturbed and special care will be taken to avoid disturbances to soils and sensitive ground cover species. Selective thinning of dense oak should not occur in areas with exceptional growth of Tillandsia species. With careful management, a mosaic of habitat types can be maintained and protected for this unique values for the likely benefit of all the inhabitants. 6.0 LONG TERM MANAGEMENT The Cedar Ridge preservation area will be maintained as natural habitat in perpetuity by the HOA. The detailed management strategy set forth in this plan will be included in all HOA documents. The prescribed management techniques will be implemented approximately every 7-10 years to achieve the management objectives set forth in this plan. A 3' setback at the back- of-lot will be sodded and/or planted in native vegetation and maintained. The setback area will be mowed at regular intervals to prevent recolonization of weedy and exotic species. Any proposed nature paths in the preservation areas also will be maintained at regular intervals to provide safe access for members of the community. Prior to management activities, all required notices and necessary permits will be submitted to the City of Boynton Beach. Every effort will be made to protect listed species and other sensitive resources during implementation of the management plan. A. Additional Management Techniques 1. Exotic/Nuisance Species Removal and Control Any Brazilian pepper, Australian pine (Casuarina equisetifolia), or other exotic vegetation will be removed from the preservation areas. Brazilian pepper should be removed from the preservation areas using the chemical control described in the following section. Debris less than 8" in diameter (DBH) will be chipped on site and used as mulch where needed. Vegetation debris larger than 8" DBH will be hauled off site to an approved landfill. C&N Environmental Consultants, Inc. 6 February 5, 1997 ...:\~~t~~:;~ii;:. 2. Garlon 3-A@ Garlon 3-A-Tricolpyr (3,5,6 - Tricholoro-2-pyrid inxloxyacetic acid) will be used by a licensed operator to eradicate Brazilian pepper trees in the Cedar Ridge preservation area. ' The trees will be cut-stumped. The cut surfaces will be sprayed or painted with Garlon 3-A@ (undiluted). Garlon 3-A@ will be applied by a person licensed by the State of Florida to handle restricted chemicals. Every precaution will be used to contain the chemical to the application site. The fallen trees will be removed via a haul route resulting in minimal disturbance to soils and native vegetation remaining in the preservation areas. 3. Maintenance and Monitoring After the initial Garlon 3-A@ treatment, the site will be monitored quarterly for a period of one year by qualified environmental professional to prevent re-emergence of exotic species. Regrowth srumps will be cut and retreated with Garlon 3-A@ at a rate of 3ml per cut at 4-inch intervals. Regrowth greater then one inch DBH will be cut-stumped and treated with Garlon 3-A@ at a rate of lml/inch DBH to ensure 100 percent eradication. All new growth will be hand removed. At the end of one year (maintenance and monitoring period), a letter report will be sent to the City of Boynton Beach to summarize the implementation and success of the Preservation Area Management Plan. If exotic species invasion continues, at this time, to be a problem, new eradication techniques will be implemented in coordination with the City of Boynton Beach Environmental Staff. The preservation areas will be monitored annually thereafter for a period of two years if the eradication program is deemed successful at the end of the first year. 7.0 PROHIBITED ACTIVITIES The upland preserve area will be maintained in perpetuity or throughout the history of the project. The following activities are prohibited within the areas: * Construction or placing of buildings, road signs not related to nature education information, billboards or other advertising, utilities and drainage easements or other structures on or above the ground. * Dumping or placing of soil or other substances or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials. * Removal or destruction of trees, shrubs, or other vegetation with the exception of exotic and/or nuisance vegetation removal. * Excavation, dredging, or removing of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface. C&N Environmental Consultants, Inc. 7 February 5, 1997 :,';' * Surface use except for purposes that permit the land area to remain in its natural condition. * Any improvements proposed for the back of lots that will change the natural integrity of the preservation area. * Diking or fencing, and any other activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation or fish and wildlife habitat conservation or preservation. * Acts or uses detrimental to preserve are~. * Surface water sheet flow into or out of the preserve area. 8.0 ENTITY RESPONSIBLE FOR MANAGEMENT The Cedar Ridge HOA will be responsible for the long term management of Cedar Ridge preservation areas. The City of Boynton Beach shall have the right to enforce the provisions of the Cedar Ridge Preservation Area Management Plan through any available administrative or civil proceedings which may result in penalties, appropriate revegetation and other remedies as against any person, corporation, or other entity in violation of any of the provisions of the Preservation Area Management Plan. 9.0 FINANCIAL RESPONSIBILITY The Cedar Ridge HOA will be responsible for the financial obligation of the preservation areas. Cedar Ridge Development Corporation will be responsible for initial implementation of the management plan prior to and during construction. (l.A \L~ .-- r"'" I ' 1- ::J -. ~ill LAW OFFICES Uennis IJ. I\f)ehler~ Congress Business Center 1280 North Congress Avenue, Suite 104 West Palm Beach, Florida 33409 Telephone: (561) 684-2844 - P ii\) . ;l \'r/ \ \ ~l \,IIJ Ii L\ \'.. L::l - BY FAX Ms. Tambri Heyden, Di[~~~~I:: (561) 684-9370 Planning & Zoning Department CITY OF BOYNTON BEACH 100 East Boynton Beach Blvd. Boynton Beach, Florida February 10, 1997 .JiIL ; ~SP it .,.c, )..{ PHQ r?4-("" I rfr I-~~ RE: CEDAR RIDGE ESTATES - Request for waiver of replatting fee Dear Tambri: On behalf of Mr.. J~seph P. B~~ile, Jr., President ot CEDAR RIDGE DEVELOPMENT CORP., INC., I want to thank you again for your creative response to my recent request for a waiver of the required fee for replatting the single family estates portion of the CEDAR RIDGE PUD. In a followup conversation on February 5 with Mr. Ken Hall of the City's Engineering Department, I confirmed that in lieu of the flat $3,000 plat review fee, the City will allow CEDAR RIDGE to pay only for the actual time spent by City staff in reviewing this application, which is not expected to exceed a total of ten (10) hours. I further understand that City staff will document the time that it spends in reviewing the CEDAR RIDGE ESTATES replat, and that an itemized bill will be presented to CEDAR RIDGE prior to the public hearings during which the replat will be presented to the City Commission. Mr. Hall asked me to provide him with copies of any materials from my files confirming that City staff (including the City Attorney) has previously reviewed and approved the homeowners I association documents that establish maintenance responsibilities for what will now become private streets. [The original documents were so approved anp recorded by this off:1,ce in October 1995.J I will also ask my client to provide any additional documentation that Mr. Hall requires. Many thanks again responsiveness to my great cooperation and needs. Esquire DPK/ns pc: Mr. Ken Hall, Engineering Technician, City Engineering Department Mr. Joseph F. Basile, Jr., President, CEDAR RIDGE DEVELOPMENT CORP. v moo JAt~ 28 . '37 :.7: 22 DEt'jHI~-!EHLERI P. A. ,I "--J rn ,'" LAW OFFICES II DENNIS P_ KOEHLER, P.A. Congress Bug1n... C.nt.~ 1280 North Congress AVGn~., suite 104 West Palm Baech, Florida 33409 Telephone: (407) 684-2844 Facsimile: (407) 6a4~9370 TO: -0 ~r.~'I~~~ C~ T. p~x NUMBERI_~~~~~~~ _ t' FnOM; DENNIS P. KOEH~EP., ESQUIRE LOCAL: )C LONG nISTANCE: n. ~A~ ~D~ "" ~ CHARGE TO; NO.. OF PAGES: PLUS COV~ SH T ~.",. W" rq?-- :IOpM. COMMENTS: f~~ ~~~ ~/~~ ) ()U .-L4~!v/D~ -/"( ) /JkJS P f r ~ /ft k)\5Y t,L. O--n3-J1 0M' . L-lAAji!AF2 t&,y SAH 20 . 97 17: 22 D~Ntm: 'EHLEP, P. A. ) P ;:> ..... LAW OFFICES ()ennls (). I\vehler. 1'.4. Congr,.. Bualn.. Clnl.. 1210 North Congrtll Avenue. Suitt 104 W..t Palm Stich, Florida *08 Telephone: (561) 8~4 F8C8imila: (561) ""8310 JanUary 20~ 1997 "8. T~b~i Heyden, Director Planning . zoning Department CITY 02' BOYNTOK 8BACH 100 East Boynton Beach Blvd. Boynton Beach, Plor1~. Bll FAX RE: CEDAR RIDGE ESTATES - Request for waiver of replatting fee Deat' Tambri: 11m wr1ting thiS letter in followup to the hand-wri1:.i:en memoJ:'e.nd1.lm that :t FAXed to you on January 3, 1997, in which I ~.que.teQ on behalf Of Cedar Riage aeveloper Mr. Joseph Ba8ile tha~ the City waive its $3,000.00 plat review fee for the sinqlo family eBtates portion of the CEDAR RIDGE POD. On this ~ate (January 20), Mr. Basile advised me th8t he h.d 1n fa~t tiled a complete replatting application for the townhome portion or the .PUD late last year, paying the $3.000.QO review fea at that time. Th1s request ?or a waiver 1s thereforA limited to the estate. port1on of the Cedar Ridge PUD. rn case my PAX with enclosure to you of January 3 nevor made 1 t into your hands, I attach a copy for your informai:icn and rev!e.. please call me to discuss this at your early convenionc8. Mr. Basile would like both replotting requests to he presen~eQ to the Boynton Beach City Council at the same public meeting. if a~ all pOSSible. Please advise. Esquire. OPK/ns encls . pC w/o encls: Mr. Joseph P. Basile, Jr. JAH 20 '':l-;' 17: 23 DEt~HIS - -::HLER, P. A. ) P.3 \.........' .- LAW OS:FICES Dennis IJ. I\vehler. 1J.4. Congresa Su8ln... Center 1280 North Congr... Avenue. Sulle 104 WI'! Palm elach, Florid. 33409 Telephone: (561) 684.2844 ~@[F'~ 8t fJrX r..Mltt<44? 3, /'197 10: AIs. TaJlfint t(~'td~, r/tJ?HN(1ff.stJt1Mf~ U,)lt:!i;L- Clry u= B()VN~I 8I;ACH ' TlE: : C~ 1i!ID6E PU'D - RE'fH".s~ ~Vr=., 'Mt:IT "-'CI1'~ 1fc. II ~ 6f~ t;:t!/It1Dsf- 61!~G !LSIItA.- $d/Af:L ~ JlI~ 4U..~~&M;I.,~ . fBTH-~s ~s:aZ;t~u~~ ".~l>~<'~ $lt~. t:tt 7A~ &IJ11e~r~'~ 1It4i Atteit1 ."t>>ItWf{tl I~ ~,.,,~ -p Ji'"" Clt8llfJ · .J(44~ 15; I'~; mI'I1!}~ t{!'f r ~ sl4"~ ~ ai'lt,t~ 14M~' ~:rJ.S' IfA · ~ '" PH(J~ ~WlI' t ~t3r~/'~~~~~~hI.. ~trt;;:; ae\ ~"WIMJ~~~kL t:()~~$ ~ t;1t.~ /46, -tfiU. ~ fTiI:S:.-'!8B!tZA ~ auJ. /JlcaulL ~ ~!~ ,J;p"/! R,//IIf"J&liL 1- ~4'urlH~ ....4/ii(61fhtes.... ~~/I)J'/ifl6S 7tAt-lRc. ~ ~JJlI4b1lJ sli//llAs Hs .1/- H~ 1N~c, 8?ttSf?ifg .rI1rtAJ... ~ "'~a:>Opt4f'1lHMfM~ J& POUfIK. ~:s- 7fc. I~L is ~ ~'" dAm?d& jI)". C9A~ ;l1.~ Arl ~~I". ~ tl4IJtI,{it,,~6VL dlSU~PIA. Wlt,(1IIP/.:l- 1ft#!. Ktrd ---rFlillltr ~ /j,.... rUe:SfidJ\. WJI/4MfiMr "1/lf''f- F/4d. -mAM I ~ i41~;te/.. Aft: JdE 8os,1. Fac.lmll,: (661) ee4.9370 - JHIl 20 '97 :7:23 DEt~HIS -:HLER, P. A. I F'.4 .. .... j" ,,,r.'H'/~ \ '...." 1,..- --' LAW OFFICES Dennis P. I\()ehler, J>.~. Oongr".. Business Center 12eO North OongrClIll AVlfnuej Suite 213 Weet Palm So.ch, Florida 03409 Telephon.: (407) 8U-ae~4 ~(Q)~V FaosimUe: (407) 684-9370 BY FAX March 15, 1996 MEMORANDUM ~ TO: Jam' rot, Esq., city Attorney CIT OF ~OYNTON BEACH 111,.. Ii'aOH: Dennis P. Koehler, ES~1re~ SUBJECT: CEDM ltItlGE PUD - "Privetization" of internal roaaways previously ded1caeed by plat to the Itgenez;al public" Hoping 'that you reeall our meeting in 'I'ambri Heyden I S temporary conferenC8 room on this matter back on January 25# I wanted to ~.fresh your memory acout and request confirmation of the solution tbct MS. HeyClen offered towaro the end of that meeting t.o my cl;l.ent's "replat p~oblem." The problem 1s: (1) The 1983 plat tor the CEDAR RIDGE pun deaicateQ the ,pu.J)'s internal roadways to the public. (2) Al though constructed, these roadways were never off1c1ally accepted by the City for public ownership and mointenaoce. ( .3 ) The current developer, CEDAR RIDGE DEVELOPMENT CORPORATION, INC., and the City both now desira to "p~.1vat1ze" these roadways in the most expedit:ious. co~t~8!fect1ve manner_ As you w111 recall, we were jOined in that: January 25 meeting by CEDAR aIDGE'$ managing partner, Mr. Joe Basile and his consul tin; engineer, Mr. Peter M. Karekos, P. m. We began our discu$sion by rev1Gw1ng the two (2) known methods of abandoning or p~iv8t1z1ng public roadways: (1) By reoorded plat (or replst), or (2) by a petition for abandQn~ent. Both or these ap~roaehes present substantial problems to my client. The end result of a successful petition to ab8ndon a public roadway is the expansion of the abut.ting lot. to. the abandoned roadway's centerline. Approval is typically requir.d from 100% of the sbutting lot. owners. ultimat.a1y, each lot owner's legal aescript10n ~nd survey must be changA~ to refleet the enl~cged parcel. Similar problems are presented if the replst t'edesignates these roadways as pri vats streets. All affected lot. owners (whLch ~ JAH 20 '9717:24 [OUHS p'c -1LER, P.A.l P.5 "J' " ~. v '-. now include more than 20 new heme purchaserl in the Ce~8r R1cSge S::at.t.. pOt'tion of the POD) must 1ncUcate the1r approvel by placing their .i9nat~re5 en the replat ~ocum.nts. Ultimately, eaoh in.cSividua1 10t.':5 le9111 deser1ption must also OS amendea, aseuming of CQurse thet 100~ lot owner approvals are obtained. with all of this as backgroun~, 1 hope that you'll recall Tambri Heyden's most welcome suggeste~ solut1on: Oe$i9na~. the roadways w1thLn the PUD in the replat as oommcn oreas, i.e. tracts set aside for ingress cnd egress and publiC ut1lity purposes. Th$ property owner assoc1at1on aocumenes that I developed with the City' 8 input anc:! recoraeCl for Cedar Ridge Estates on October 13, 1'9! alrea~y ensure perpetual access over the PUD's roadwQY. for all Assoc1et1on mamDers, their guests and invitees. Abd maintenan~e of .11 ot the ~UDt8 common areal are clearly the ob11gation of the A..oc1et1on. put another wey, the lot owners' "bundle of t'1ghts" to uti1.1ze the PUD's roadways that were astab11ahed under the or191n~1, 1983 plat would not be limited by the "Heyden solution" in any way. Only the general public's right to use these roa~ways wo~ld be 1mpacted, 1.e. elim1nated. Since this "pr1vat1zet1on" concept has already been approved by the c1ty end incorporatea into the Cedar Ridge Bstates Homeownera' ASSoclation aocuments, replatting the Cedar Rid;e PUD to rede.ignate these roadways as common areas would merely 1rrplement a plan of cievalopmant alraedy approved by the city Com~i8sion an~ will have no 1mpact whatsoever on ,those who havQ purchase~ lots w1th1n the iUD. I am bringing all of this to your attention at. ~his time because one of Mr. Karekos' associates, a for.mer mambar of ~he . City ot west Palm .Beach's engineeting staff'1 has questionecl whether the approach so' laboriously sketched out above will present title prOblems in the future. This sams individual al.o Cl.15ke.~ 1t the City of Boynton Beach might accomplish ~ha same ~oadwey pr1vat1zetion purpose by .aoptlng an.ora1nance similar ~o the one attcsched: Orainance No. 2210..88 f adopted by the wast Palm Beach City comm1ss1on on September 6, 1988. . It a.cScpt1ng a similar orC!1nance could either replece or strengthen the "Heyc!en Solution" described above, we may wish to consider thet approach 8S well. please advise. DP~/nz encl. p..; w/encl: Mr. William V. Hukill, ~IA, P.E., C1ty Engine8~ Mr. Josaph F. Basile, Jr., Managing o1~.c~or CEDAR ~IDGE DEVELOPMENT CORPORATION. INC. Peter M. Kerekos, P.E., Principal PAaAMOUNT ENGINEBRING GROUP, INC. Dennis (). I\()elller, 1'..4.. OCT 26 '95 09:00 DENNIS P KOEHLER, P.A.) P.i LAW OFFICES [)ennls ~. I\vehler, JJ.A. Conor... BUlin... C.nt. 1280 North Cong"" Avenue, Sultl 213 Wilt ""m allQn, ,"lond. 33409 Telephone: (407) 884.2844 Facsimils: (407) 684.9370 TO: fAX COVER SHEET ~ . Mr, ~E J.J. {Tot ~ (oC 9 OA.a.5 , 375-[,35-7 S33-"~' AJ. r ~ ~.Es,. FAX NUMBER: FROM: LOCAL: CHARGE TO: LONe OISTANC~1 TOTAL AMOUNT CHARGED I NO. OF ~AGES , DATE & TIME OF TRANSMISSION: IO/~~ INITIALS OF PERSON SENDING FAX: -1Y~ FIL.E NO. "tiS PLUS COVER SHEET ~: :J S;,-, . . COMMENTS: . ' #(1- l L /It; M .l0 fL I V-J , [Y L f\ tJt I Ii , I ~ (P~ nt' Ory V ~ ~4~ !' \ v-> )) P'et ~J ~~p tj ~ f- &r...vJ 7JV l)f -rf ~~,~, D ^ rrJ p~ 0 t~P 1) \~ .;ifY, Ai- ~ r L '( P' Wv!1 .' ~t-\~; \1 cV f~ j~)O /'J~rJ I H I. ~1' '~PIYjDld1 f'~ I , 'lrfl , (i 'x · / / : i,~:f"", ., /' ,f.lI.n".!n '., ./ o1J ti\.. v . ! .~}Y \}())~J ~ I {" ,/ C/y I .,OX';' !' ", '" f\.' - ,~ l~' ~ ~ iJf~' L' it ," ',If..!. :.J ,J.p., ,,,' ""'i ~.-' .." 1/ 12 t/ ~. [),1.,,1J ft,. ~,tlY jt <lO ,1. I uJ-., , ',L " AItA r I t." f.-'" Ill" np" i' fA a: ,., \,'"'"D,'" ;"..-I? V Tp.c::.. . I. oei 26 '95 09:00 DENNIS P KOEHLER, P.A.) LAW OFFices Vennls 1'. I\()ehler-. I'.A. Con;r... Bu.ln... Cenler , 280 North Congr... Av.nue. Suite 21' West Palm ..ec", Florid. 3S409 T.lephone: (407) eS-1.2644 BY FAX "f" n Facslmllll! (401) 884-(1370 october 26, 1"5 Mr. Michael B. Haag Planning & zooiog Administrator Boynton Beach city Hall 100 Bast Boynton Beach Boulevard P.O.. Box '10 Boynton a..ch, ~lor1da 33425.0310 R2 = CSDMl RIDGE ESTATES 1 - Recorded Deelar.t.1on of CovenlUlts and Re.trictions, By-Laws and Articles of Incorporation - ~. ~/!IIJ} 9t-009 . O..r )of g; r'm p~eased to advise that the referenc.a Oeder Ridge astates documents, inclu~1ng the changes that were requested by you and City mngineer B111 Hukill, have new been recorded in the Pub11C Records or palm Beacn county. SpocJ..t'1cally I these documents may b. found 1n Official Record Book e958, pages 39 through 88. Th. documents we~e recorded atlO:l1 ..m. on october 13, 1995. Once again, I want 1:0 thank you for ywr constructive oomments and suggestions 8S I put this paQkege into final form. B_quire DPIVnz encls. pc w/ancls: Mr. Joseph F. Balil., Jr., Managing D1reetor CEDAR RIDGE ESTA't'BS PROPbTY OWNDS ASSOCIATION, INC. OCT 09 '95 10:23 DENNIS P ,KOEHLER, P.A.) P.l LAW OFFICES Vennis IJ. I\()ehler, ~ .A. Cong,... BUlin... Center t 280 Nonn Cong,... Avenue, Suite 213 Welt PIlm Seaet'l, Flo,lda 33409 Telephone: (407) 684.2844 Facsimile: (407) 684.9370 FAX COVER SHt::eT TO,Q)Y~~aW~~~ @ Mr. 3"0&. MSIL.E"; ~ ' ~ ~PlASfF~/&S~~ FAX NUMBER: ~ FROM: ~~4S2.f ~. LOCAL.: x LONG 0 I STANCE: CHARGE TO: ~ p,DtSE;' COMMENTS: Its OCT 09 '95 10:23 DENNIS P ,~OEHLER, P.A.) P.2 LAW OFFICES ()ennls 1'. I\()ehler. 1'.4. Congre.. Bu'lne.. Center 1280 North Congr... Avenue, Suite 213 W..t Palm e"Ch, Florida 33408 Telephone: (407) 8'4.2844 BY FAX o~~.~'P>'J:b (4f~), 88ttS,O Mr. Michael B. Haag Planning . Zoning Administrator Boynton Beach City Hall 100 Bait Boynton Beach Boulevar~ P.O. 80x 310 Boynton aeach, Florida 33425-0310 RB: C.c1ar Riage .state.' Declaration of COvenants and R..tr1ct1on., By~LaW8 and Article. of Incorpo~at1on - C 1e MPMD ~4-009 This letter is w~itten in respon.e to YOU~8, same subject (OCtober 2, 1995), in which you ottered final comments generated from the City ataff's rev1ew of the corrected document. that I supplied to you earlier this year. The following re.ponse with enclowre. (corrected/amended page. o~l~) corresponds to each ot the numbered items contained in your 00 0 er 2 letter: 1 . RedUCed eor.' of Exh!bi ts A ~Rl.t of "ecores 1 and 1) [.urve~. AI you no e~, the rull s1ze ElX 1D1t "A" may be om1tted, .ince 18 refers to tbe exi.ting plat of record for the Project. Ple... note that the plat title, plat book and page number are legible on the reauee4 copy ot the reeord plat that will appear .11 Ilxh1bit A. The rec1uced survey for the project will appear .. Exhibit D, .s reque.tea. 2. Amendment to Declaration, Section 6.32. I have corrected the language as requuted. 3. Amendment to Declaration, Section 6.33. I have amended the language .. requested. 4. Section 10.5. The or1g1.nal version of this sect1on, which required the Association to enter into a maintenance agreement with the City, has been deleted in its entirety, as you requested. My client doe. plan to take the City's advice and replat the project; the .treats an4 court. w111 be eh.ng.~ to pr1vate, and the 11 lots now controlled by the Leke Worth Christian School will be omitted 1n the r.plat, just I1S you have requested. 5 and 6. New defin! tions, plat reterences. AS requested, I have expanded certa1n ex1st1ng det1nitions in Article 1 of the Declaration and added new ones to (using your words) IIlink the titl.. 1~entified on the plat to the document." As you correctly - -- - - -- - --- -- -- - - --- --~ ~ ------- ~--- - ,JeT 09 '95 10:24 DENNIS P4(OEHLER, P.A.) P.3 po1n1:ed out, the new Declaration must IImatch the obligations that are 1~ent1f1.d on the [existing] plat.- Pinelly, I've incorporated city Engineer Bill Hukill's sugge.ted change to paragraph 6.17, Architectural Control, by referring to the official title of the e1ty's zoning regulations. S1nce my client must record this revised Declaration 1n the Public Records of Palm Beach COWlty ASAP, I've already hac! him anc! the A8l1oc1ation I II seC:J;'etary execute the signature page ot the document. We must recort! the Declaration prior to the first closings on the ce4ar Ridge I:stat.. re.l estate transactions, scheduled to occur later thia month. In closing, I want to thank you personally, Mike, for your outstanding professionalism end attention to detail 1n this matter. There 1s no doubt that th... property owners' ..SOci8t1on documents are better becau.. of your thorough revi... Esquire DPX/nz encl. pc w/enel.: Mr. Jo.eph F. Ba.ile, Jr., President ClDAR RIDGB ISTATB8 PROPERTY OWNERS' ASSOCIATION, INC. vennls (). ~,()ehler, ().A. OCT 09 '95 10:24 DENNIS P.J<;OEHLER, P.A.) P.4 the purpose of accepting and assuming the aforesaid powers, rights an~ duties and perfo~lng the afore.aid functions. NOW THBRBPORB, the Developer declare. that the real property d..cr1bed in Article 2 of this Declaration 1s anc! shall be held, transferred, sold, conveyed, d.-nised, and occupiec! subj ect to the covenants, re.trictions, easements, charge. and liens hereinafter let forth. ARTICLE 1 DBFINITIONS 1.0. The following t.~" a. used in this D.claration and all 1. ts exhibi ts, shall have the following meanings or definitions respectively ascribed bereto: 1.1. "Articles" mean. the Article. of Incorporat.ion of the As.ociation dated April 3, 1995 and filed with the Florida secretary of st.te on April 6, 1995. A copy of the Articles 1. att.ached hereto as EXHIBIT "B" and made a par~ hereof. 1.2. "A....8ment" means a share of the fund. required for the payment of Common Bxpens.. which, from time to time, i. .ssessed against each Unit. ~h1. definition shall in no way preclude the making and collection at SpeCial Ass.ssments a. provided for in this Declaration. 1.'. "CREPQA" .hall mean Cedar Ridge Estates property OWner.' A.sociation, Inc., its successors and as.1gn.. 1.5. -BOerd" or -Board of Directors" shall mean and refer to the Board of Director. of the ABBoc1etion. 5 OCT 09 '95 10:25 DENNIS R-KOEHLER, P.R.) P.5 1.9. "Common Areal- O~ Mcommon Property" means all portions of the Property, including any improvements now or hereafter constructed thereon, whicb are 1nten~eQ tor the common u.e and enjoyment of the parcel Owners .04 which are owned by or conveyed to the As.oclation or which are dedicated to the Association on any recorded. Plat of the Property or which are owned and maintain.ed by the unit owners cOllectively.. tenants in common and all other property which may at any time be acquired by the Association. The cammon Property includes but i8 not limited to walk.ays, corrunon parking facilitie., open spaces, the surface water management system .s perm1tted by the South Flor ida water Management District t lncluaing all retention areas, cul verts and related appurtenances), pri vat. streets, s1dewalks, street lights, entrance feature., lanascape buffers, .eawalls (bulkheads), security gates and alarm systems and docks, Dut excluding any pub11c or private ut1lity installations thereon. 1.10. "Common Bxpen.es" means expense. for which the unit owners are liable to the Association aB provided for in this D.cl.~ation. 1.11. "Declaration" shall mean this Declaration .. the seme may from time to t1me be amended or supplemente4. 1.12. "Developer" shall mean anI! refer to Cedar aidge Development Corp., a Plorid. corporation, it. 8ucce..ors or assigns. but not purcha.ers of individual units or residences at Cedar Ridge istate. who intend to re.ide therein. 1.13. "Dwelling- means any residential dwelling unit constructed on a Lot. 1.14. "Bffective Date" means the date on. which this Declaration of Covenants and Restrictions i8 recorded in the Public aecords of Palm Beach County, Plorids. 1.15. "Improvements" means all structures, or any portion thereof and artificial changes to the natural environment (exclusive of landscaping), located on the Property. 1.16. "Institutional Mortgage- means any in.urance company; tederal, national or state bank or savings and loan association; profit-.haring trust; pension fund; real estate investment trust; Massachusetts busine.s trust autborized to do bUliness in the state of Florida; agency of the United states government; any other generally recognized institutional lender; and any "secondary mortgage market institution" including the Pederel National Mortgage Assoclation, the 6 OCT 09 '95 10:26 DENNIS P-KOEHLER, P.~.) P.6 Directors. The Board 11 hereby authorized and empowered, but is not requir~, to create w:ritten standards, criteria and specifications governing the procedure. for application for and granting of approval ot any proposed improvements. No improvements shall be approved which are not 1n harmony wi tho the external design and arch1 tectural theme of the proj ect. pence. Ihall com~ly w1 th the fence regulations identified in the Official zoning Regulations of the 01 ty ot Boynton Beac~ Flori~al parm ieach county, and may ~. no greater than six (6) feet height and may only be constructed in the backyard of a Unit and shall be located at lea.t twenty-five (25) feet trom the edge of the pavement of any Road abutting the Unit on which such fence is located. Pat.io., decks, terraces, or similer improvements may only tle constructed in the backyard ot a Unit. The Board may, but is not required to, appoint an Architectural aevie. Board with powers and authority with r.spect to all matters involving architectural control set forth in thi8 peelaration Or otherwise. A majority of the Board or the Architectural Review Boar~, it appointed, may designate 8 representative to act for the Board or Architectural Revie. Board, as the cas. may be, and sball have the right to disapprove eny plans and specitications wMch are not suitable or de.irable, in its sole ~1scretion, for .esthetic or other reasons. 6.18 . Architectural stan~erd8. No improvements, including Dwellings, stiall exceed thirty-flve (35) feet in height. Any alterations or additions to said dwelling must me.t the approval of the City ot Boynton Beach Building Code. Th..e ehllng.., including color chang.. , additions, Bcreen enclosures, and landscaping mult al.o be approved by a majority ot the Architect\.lral aeview Board or the Board o~ Directorl (or Cedar Ridge Estates Homeowner.' Assoclation. 6.19, Tree., S01l, and Gr.... NO trees that exceed three (3) inches 1n diameter or exceed three (3) feet in height shall be removed or cut nor shall surrace soil be dug or removed trom any Lot on which a Dwelling ha. been constructea without the prior wrltten consent of the Board. Whenever a Dwelling is being const:ructea on a Lot, all Melaleuca, Bra:r:i11an pepper, and Australian Pine tree. located on such Lot shall be removed by the builder thereof and replaced with native Florida trees, shrubs, plante, and other landlcaping material. When a Dwel11ng 1. constructed on a Lot, the Lot shall either be sodded or xerisc.ped. No owne:r8 shell permit the growth of noxious weeds upon his/her Lot, .0 .. to become a nuisance. 6.20. Driveways. All driveways shall ba of sufficient 8i.e and width to provide parking for four (4) full-lized passenger vehicles and shall be constructed of concrete materials or other materials approved in writing by the Board. 6.21. Artiticial Vegetation. No artificial graBS, plants, or other artificial vegetation .hall be placed or maintained upon any port1on of the property not coverecJ by a roof without the prior written approval of the soard. 6.22. Lawn Sprinkler System. An 1.U1derrground sprinkler system of sufficient 8ize and capacity to irrigate all sodded and landBcaped 19 PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-045 TO: Chairman and Members Planning and Development Board FROM: Tambri J. HeYden~/' Planning and Zoni~rector DATE: February 9, 1995 SUBJECT: Cedar Ridge Estates PUD - File No. MPMD 94-009 Revised density, acreage, unit type, layout, setbacks and roads INTRODUCTION Dennis Koehler, agent for Condor Investments of Palm Beach County, Inc., owner of Cedar Ridq. ..tate. PUD, i. reque8tinq approval to modify the previously approved master plan for the Cedar Ridge Estates PUD, as described in the attached report (Planning and zoning Department Memorandum No. 95-026). The Cedar Ridge Estates PUD is located on the east side of High Ridge Road, approximately 800 feet north of Miner Road. RECOMMENDATION At the February 7, 1995, City commission meeting, the City Commission unanimously made a finding of no substantial change regarding the modifications requested. staff made a recommendation that the request be approved subject to the attached staff comments (utilities Department Memorandum No. 95- 037, Engineering Division Memorandum No. 95-026, Recreation and Parks Department Memorandum No. 95-040, Recreation and Parks Department Memorandum No. 95-048 and planning and Zoning Department Memorandum, dated February 2, 1995). Due to agreements that had been reached between Mr. Koehler and staff prior to the City Commission, staff withdrew comments 13 and 16 from the February 2, 1995, Planning and Zoning Department memorandum at the City commission meeting. The City Commission included in their motion, approval of all staff comments with several exceptions and setting of a land value of $30, 380.67 per acre, for the purpose of calculating the recreation and parks fee to be paid. The deleted comments are described as follows: 1. Recreation and Parks Department Memorandum No. 95-048, comment 3.A - In lieu of staff's recommended timing for payment of the recreation and parks fee for the 34 single family homes, to which Mr. Koehler disagreed, the the Commission agreed to payment in cash of the value of .612 acres of land, on a pro-rata basis, at time of applying for a building permit for construction of one of the 34 single family homes. However, if application for building permits for each single family home has not been made within 18 months of planning and Development Board approval of the master plan ~~~ification, the balance of the value of .612 acres of land shall be paid in cash. 2. Recreation and Parks Department Memorandum No. 95-048, comment 3.B (clarification, not deletion) - This comment was recommended for approval with the clarification that compliance with this comment shall take place prior to final plat approval of the townhouse section. / TO: planning & Development Board -2- February 9, 1995 3. planning and Zoning Department memorandum, dated February 2, 1995, comment 8 - The Commission recommended allowing a T-turn around at the terminus of the street between building 2 and 3, rather than requiring a cul-de-sac, as is required by code. The Commission felt the number of units served by this street is too insiqnificant to require a cul-de-sac, which in turn would have necessitated a redesign and most likely loss of units. 4. Planning and Zoning Department memorandum, dated February 2, 1995, comment 13 - Staff requested withdrawal of this comment, since verification of the purchase price of the property had been supplied prior to the Commission meeting. 5. planning and Zoning Department memorandum, dated February 2, 1995, comment 16 - staff requested withdrawal of this comment to yield to the Building Official, who will coordinate and ascertain with the utilities Department what improvements must be completed by the developer in order to pull a building permit for a single family home. Therefore, it is recommended that the Planning and Development Board finalize the land value at $30,380.67 per acre, approve this request subject to utilities Department Memorandum No. 95- 037, Engineering Division Memorandum No. 95-026, Recreation and Parks Memorandum No. 95-040, comments 1-7, 9-12, 14, 15, 17-19 of the Planning and zoning Department memorandum dated February 2, 1995 and comments 1, 2, 3C and 4 of Recreation and Parks Memorandum No. 95-048. In addition, it is recommended that the Board approve the following with respect to this request: a) payment in cash of the value of .612 acres of land, on a pro-rata basis, at time of applying for a building permit for construction of one of the 34 single family homes. However, if application for building permits for each single family home has not been made within 18 months of Planning and Development Board approval of the master plan modification, the balance of the value of .612 acres of land shall be paid in cash. b) compliance with comment 3.B of Recreation and Parks Memorandum No. 95-048, prior to final plat approval of the townhouse section. tjh Attachments xc: Central File A:CRidgMPM ~ TO: FROM: DATE: RE: r MEMORANDUM Tambri J. Heyden Planning and Zoning Director Michael E. Haag zoning & Site Development Administrator February 2, 1995 cedar Ridge Estates PUD - .File # MPMD 94-009 Master plan modification (revised density, acreage, unit type, layout setbacks and roads) please be aavised of the following planning and zoning comments relative to the review of the resubmitted plans for the above- referenced request for master plan modification approval: 1. 2. 3. 4 . /~ ~ To properly evaluate whether there are enough parking spaces provided for the recreation facilities, specify on the plan the gross floor area of the meeting hall. Revise the plan to show the gross floor area and depict on the plans no less than the number of parking spaces required for the recreation facilities by the zoning code. Show on the plan the total area of the site without the land being transferred to the school. Also, identify the density of the PUD after removing the area being transferred to the school. clarify, on the plan, the difference between the 20 foot side corner setback shown on the typical townhouse lot setback chart and the 10 foot side corner setback identified on the typical setback chart. If the width of the end unit lot is at a minimum 10 feet wider than the interior unit lots, dimension same on the typical townhouse lot drawing. With a distinguishable symbol show and label the perimeter of Parcel 110". 5. Show and label with dimension lines the perimeter setbacks around Parcel "0". 6. On the plan, label Parcel "B". 7. specify on the plan the width of the streets proposed for the townhouse project; a minimum of 22 feet of pavement is required. 9. The subdivision and platting regulations require streets to be terminated with a cul-de-sac. All but one of the streets (between building 2 and 3) has been revised to replace the T- turn around with a cul-de-sac. Unless otherwise permitted by the City Commission, the remaining T-turn around shall be replaced with a cul-de-sac meeting city standards. Place the following note on the plan: "All parking spaces, with the exception of the two (2) spaces required for each townhouse unit, shall be designed in accordance with the requirements of the parking lot regulations. 10. Replatting is required to subdivide the multi-family portion of the PUD into townhouse lots. 11. The 1983 recorded and legally constituted maintenance association agreement needs to be revised to require improvinQ, perpetually operating and maintaining all common facilities; including streets, drives, parking areas, open space and recreation facilities depicted on the requested master plan modification drawings. These documents are submitted to the Engineering Division, which coordinates review of the documents by the Planning and Zoning Department, Engineering Division and legal staff. After approval by ~~ - Page 2 Cedar Ridge PUD File # MPMD 94-009 February 2, 1995 (cont I d. ) 11. staff, the documents shall be recorded, prior to final plat approval. 12. All previous, unresolved conditions of approval for the project are still in effect. ~ D~~ 14. 13. 14. 15. rI~ I I~ v The approval of the master plan modification to omit lots 35 through 45, associated streets and Parcel "B" is subject to approval of the recently submitted rezoning application for assemblage of these lands with the Lake Worth Christian School to the north. A revised master plan which reflects all staff comments and conditions approved by the city Commission and Planning and Development Board shall be submitted in triplicate to the Planning and Zoning Department, prior to permits being issued for any of the residential developments within the PUD. Upon approval of this request, the city Commission shall establish the fair market value of land within the PUD for purposes of calculating the recreation fees owed. To do this, it is recommended that verification of the 1993 purchase price be'received. Per the comprehensive plan, roads within development projects shall align. At minimum, Redwood Court and Elm Way shall form a proper intersection. The private recreation area shall be accessible to all units within the PUD. With the exception of item #1, which is superseded by Recreation and Parks Memorandum No. 95-048, the attached November 18, 1994 letter from Tambri Heyden to Dennis Koehler, itemizes additional requirements that must be fulfilled, prior to applying for building permits for any of the single-family units within the PUD. RECOMMENDATIONS * 17. It is recommended to replat the entire project to vacate the blocks, lots, easements and public rights-of-way desired to be extinguished as depicted on the master plan submitted with this request. ~ In lieu of replatting, an abandonment application shall be submitted and approved. 18. It is recommended to only have one chart that represents the setbacks for the project. 19. It is recommended that this master plan modification expire 18 months from the date of its approval by the city Commission, in the event an application for replatting of the multi-family section has not been submitted or an application for site plan approval has not been submitted or a time extension has not been filed or a sUbsequent master plan modification application has not been submitted. NOTE: If the above recommendations are approved, compliance shall be incorporated with the submittal of the revised master plan. a: MPMDCedar.mem -)to Ik Jl'f(~GA,-fr ##~ Alar $;'d6.'J?~O lqij ,4 ~ 11111 tJ ot'/ /":' L,Jf,) r A --;:;6 (. () h ~ A,,/ -::{f.e. ~ ..- .F, O~~~ )-! 01'>1/' Ci>/Yl/YI~:..J~ H ? I~:J /4::> f'.c~ (~'7 ~'h.-n' ~Sji) / j, :</Iul ~. - l)I,v.)>"i1 1.'/' 4.1it; //1/(. {.::;~c ( ! ENGINEERING MEMO # 95-026 DATE: 1/27/95 TO: TAMBRI HEYDEN, P&Z OIR. FROM: ~IAM HUKILL, OEV. OIR. KEN HALL, ENG. AIDE SUB.JECT: CEDAR RIDGE PUD - RESUBMITIAL - 2ND REVIEW The following comments arc submitted for your consideration: I. Resolve those items mentioned in the first review dated 1/17/95 (attached). 2. For all parking spaces, specify a minimum width oftcn (10) fect to comply with standard dwg. B-91004 (attached). 3. Provide visitor and H/C parking spaces for buildings 5 & I R as provided for other buildings. 4. The HIe space dimensions may be 12'X 18' in lieu of 12'X 20' indicated on plans. 5. Visitor and H/C parking should not allow backing out onto streets per Sec.5-142(i)(2). 6. Indicate on plans the number of proposed parking spaces within parccllD" and the number required by city code. 7. Paving, drainage and site lighting plans shall conform to city's codes at time of permitting. KRHlkrh ccdridge.2rv IS' ,/ P' ~ ,.. ENGINEERING MEMO #95-012 DATE: 1/17/95 TO: T A~~~A~EYDEN, P&Z DIRECTOR FROM: ~AM HUKILL, DEV. DIR. SUBJECT: CEDAR RIDGE, P.U.D. MASTER PLAN MODIFICATION - 1ST REVIEW The following comments arc provided regarding the subject dev~lopment: * I. Replat the subject site to show all roadways. units. easements. etc. to meet the requircments of F.S. 177 and city codes. 2. Indicate location of all sidewalk on both sides of streets throughout both developments. App.C. IX, Sect II. 3. Provide a master stann water management plan. Obtain re-approval ofS.F.W.M.D. for drainage plan if necessary. App.C. VIII. Sec. 4C. 4. Depict street and pedestrian lighting within the townhouse development similar to that shown in S.F.R. area. 5. Provide a note indicating that all utilities arc available nnd have been coordinated with all required utilities. App.C, VIII, SecAe (17). 6. Indicate the names of all public and private streets. App.C. VIII, Sec 4C (8). 7. Indicate all existing easements and their purpose. Sec. 4C(9). 8. Drainage inlets shall be installed within grassy areas for pre-treatment of stonnwater. C,X,Sec.58. Also, show proposed drainage of80' entrance roadway. 9. NOTE: Irthe trip genernt~~~ :-~~:s used in the 1991 T.I.A. are different than thollo ulfod in l\ current analysis, thon a now T.I.A. llhould be required rather than an analysis orthe old rates in relationship to the reduced number of units shown in the MTP Group, Inc.letter dated 12/26/94. KRHlkrh cedridgc.rev 00 m J~~I ~ ~ W ~ @! PLANNING AND ZONING OEPl ,., MINUTES - PlANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA FEBRUARY 14. 1995 5. COIMJNICATIONS AND ANNOUNCEMENTS A. Report frOM the Planning and Zoning Department 1. F'nal d'spos1t'on of last month's agenda 'tems Ms. Heyden reported on the City Commission's decisions regarding the items that were on the last two Planning and Development Board agendas. With regard to the rezoning and land use amendment request for the Woolbright Professional Center, the City Commission upheld the Planning and Development Board's decision to deny this request. The City Commission recommended that the four annexation applications (the Windward PUD, Royal Manor Mobile Home Park, Carriage Gate, and Lawrence Oaks) be transferred to the Department of Community Affairs. The three preliminary plats (the Citrus Park PUD, the Vinings at Boynton Beach - Phase 1, and Nautica - Plat I and Plat II (Boynton Nurseries)) that were on the January 31, 1995 Planning and Development Board agenda have not gone to the City Commission yet. The City Engineer has detenm1ned that when all the comments are resolved, the preliminary plat and the final plat will be combined and taken to the Commission. B. C,ty Cana1ss'on Code Rev's'on Workshop Ms. Heyden announced that on February 16, 1995, the City Commission will be discussing the platting and land development regulations. She urged the members of this Board to .attend. 6. OLD BUSINESS None. 7. NEW BUSINESS A. Subd'vis'ons Master Plan Mod1ficat'on Description: Cedar Ridge Estate. PUG Dennis Koehler Condor Investments of Palm Beach County, Inc. East side of High Ridge Road, approximately 800 feet north of Miner Road Request to modify the previously approved master plan to revise density, acreage, unit type, layout, setbacks and roads 1. Project Name: Agent: Owner: Location: - 2 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 14. 1995 Ms. Heyden stated that this property, located on the east side of High Ridge Road, approximately 800 feet north of Miner Road, is 40.8 acres and was origi- nally approved with 197 dwelling units. Most of the physical improvements are in, such as the street lights and roads, but no units have yet been constructed. The changes being requested are as follows: The deletion of 11 single-family lots from the PUD so they can be purchased by the Lake Worth Christian School. The elimination of a 6' high wall along the south property line between this PUD and the High Ridge Commerce Park PID to the south. Changing of the internal road system from public to private. An increase in the height of the 34 single-family lots from 25' to 351. Due to the change from multi-family to townhouses, setbacks need to be established for each townhouse lot. A change in the multi-family unit portion of the project from 152 rental apartments to 110 fee simple townhouses. The lot size proposed is 241 wide by 951 long. The mixture of recreation is changing. Based on close coordination with the Recreation Department, a meeting hall, swimming pool, jogging trail, children's play area, and turf play area are now being proposed. These five items have been reviewed for location, size and content, and have been detenmined to qualify for a private recreation credit. The last change is the required buffer area along the south property line, installation of a limited access easement along the east property line, and lake p1antings around the water management tract. Ms. Heyden advised that this property was annexed in October of 1982. The flna1 plat was approved in 1983. Based on the plat, funds were collected and a lot of infrastructure was installed. But then construction ceased and the property was taken over by the FDIC. Condor Investments has owned this property since 1993. Ms. Heyden stated that staff recommended 50 percent credit for the private recreation facilities. They attempted to reach a compromise regarding the amount of payment, fonm of payment, and time of payment for the remaining 50 percent due. She explained that the property was platted over ten years ago without all the required improvements being constructed. Bonds were posted, but have expired, and the bond company is no longer in existence. Therefore, staff's recommendation with regard to the recreation issue is unique and speci- fic to this project. She stated that at the time of filing the 1983 plat, a bond (not cash) was collected for 110 percent of the recreation fees, less 50 p.rcent credit for private rlcre.tion. AlthQugh this i. .11ow.d by COde, this is not the option that staff chooses today. However, staff recommends the same kind of treatment that was allowed 1n 1983. - 3 - MINUTES - Pl.ANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 14. 1995 Ms. Heyden stated that no other approvals are required prior to the applicant applying for a building penmit for the single-family homes. However, based on the type of units now proposed, the multi-family portion will need to be replatted. In addition, at the time of platting, the land value was set at around $25,000.00, which no longer reflects the current market value. Therefore, this issue. also needs to be addressed. Ms. Heyden advised that at their February 7, 1995 meeting, the City Commission detenmined that the changes were not substantial in nature, and eliminated the following staff comments: -- Comment 3.A of Recreation and Park Memorandum '95-048 (payment of fees in lieu of dedication). The City Commission agreed to allow the applicant to pay the recreation fee on a pro rata basis at the time of penmitting the 34 single-family homes. However, if penmits have not been pulled for the entire 34 units within 18 months, the entire balance has to be paid. -- Comment 3.B of Recreation and Park Memorandum '95-048 (replatting the townhouse seeton) was clarified. The balance has to be paid prior to the final plat. -- Comments 8, 13 and 16 of the Planning and Zoning Department Memorandum dated February 2, 1995: Ms. Heyden said she requested that the City Commission delete Comment 16 regarding the additional requirements prior to penmitting the single-family units. This will be coordinated separately from this request. Comment 13 dealt with verification of the purchase price. Staff and the City Commission accepted the land value of $30,380.67. Comment 8 dealt with the T-turn arounds versus providing cul-de-sacs. The Commission felt the T-turn around was acceptable since there are a limited number of units on one of the streets between Building 2 and Building 3. Staff recommended that this request be approved, subject to staff comments, with the exception of comments 8, 13, and 16 of the Planning and Zoning Department Memorandum dated February 2, 1995, and the revisions regarding comments 3.A and 3.B of Recreation and Park Memorandum 195-048. , In response to Vice Chainman Dub', Ms. Heyden advised that everything was agreed to at the City Commission meeting. There have been no changes since the City Commission meeting. Mr. Golden asked if there was any discussion at the TRB meeting about the buffer wall along the south property boundary. He knows the developer of the industrial property is going to provide a wall when that property is developed. However, he was concerned about the wall not being unifonm. Ms. Heyden stated that this was not discussed at the TRB meeting. However, it was discussed at - 4 - AUG 16 '95 10:45 DENNIS P KOEHLER, P.A.) P.2 l.AW OFFICES ()ennls F. I\t)ehler, Congr... BUllne.. Center 1280 North Congre.s AV'r1u" Suite 213 Wilt Palm Belch, Florida 33409 Telephone: (407) 684.2844 F.4. BY FAX Facsimile: (407) 884.937Q August 17, 1995 Ms. Tambr1 J. Hey~en Planning & zon1ng Director Boynton Beach Planning & Zoning Department Boynton Beach C1ty Hall 100 East Boynton Beach Boulevard Boynton Beach, Flor1~a 33435 RE: CEDAR RIDGE PUD - Request for status report and/or City act10n on POA documents for CEDAR RIDGE ESTATES Dear Tambr1: :r hope that my recent silence on the Cedar Ridge PUD ooesn' t 1nd1cate that I've lost interest in this project, or tnat I no longer serve as the ~eveloper's (CEDAR RIDGE DEVELOPMENT CORPORATION) legal COunsel! I haven't, and I do! The purpose of this letter is to follow through on my letter to you w1th enclosures of A~ril 4, 1995 (copy of letter, attached). In that letter, I asked the City staff to review the Articles of Incorporation, Declaration of Covenants and Restrictions and By-Laws that I had prepared for Cedar Ridge Estates, the 34-unit, single family detached portion of the Cedar Ridge PUD. I never have received any response or comments from either your office or from Mr. Cheraf. That has now become an issue, since several purchasers of lots within Cedar Ridge Estates are looking to obtain approved, recorded copies of these POA documents at their real estate closings. This morning (August 16), the Flagler Title Company called me to inquire whether these Cedar Ridge Estates POA documents had ret been recorded. I replied that they had not, that they were stil being reviewed by City staff. I therefore ask that you or Mr. Cherof dust off the POA documents that I supplied to you 4-1/2 months ago. If they are acceptable as proposed, one of you should call me ASAP so that I can have these documents recordeain the Public Records of Palm Beach County. If you have any questions about this letter, or 1f you are unable to retrieve the set of POA documents that I initially supplied to you on April 4. please don't hesitate to call. DPK/nz encl. pc w/encl.: Mr. Joseph F. Basile. Jr.. Managing Director CEDAR RIDGE DEVELOPMENT CORP. l7 uJu LAW OFFICES Dennis 1'. I'\()ehler, ().4. Co"gr.., Busine" Cent.r 1280 NQrth Congress AvenUEI, Suite 213 West Palm Beach, Florida 33409 Telephone: (4071 684.2844 P.3 ~VI iAUG 16 '95 10:45 DENNIS P KOEHLER, P.A.) I " Facsimile: (407) B84.9370 April., 1995 Ms. Tambr1 J. Heyaen Plann1ng an~ zoning Director Boynton Beach Planning and zon1ng Department Boynton Beaeh City Hall 100 E. Boynton Beach Boulevar~ Boynton Beach, Florida 33'35 RE: CG~ar R1~g. PUo - aequest tor C1ty stett rev1ew or property Owners' Association documents for CEDAR ~IDGB ESTATES Dear Tambri: I'm pleased to supply you with copies of the "proj ect documents" (Articles of Xncorporation, Declaration Of covenants and Restrictions, By-Laws) that my office has prepared tor the single family detached portion of the Cedar Ridge pun known as I, CEDAR RIDGE ESTATES. There are, of course, other Cedar Ridge PUD documents that Ii must be reviewed and epproveQ by the City. I am currently developing a similar set of project documents for the single family attached portion of the cedar Ridge PUD, to be known as CEDAR RIDGE TOWNHOMES. And since both residential portions of the Cedar Ridge PUD will be sharing maintenance responsibilities for Ii the PUD I S recreation and parks fac111 ties, I am developing a set of "master" association documents as well. (During the City! s recent review of the Cedar lUage Development Corporation I s request for master site development plan modification, staff advised that :I they wanted to see a master association established for those I' purposes.] II ii " !' I understand that after your staff completes its preliminary review of these aocuments, they will be forwarded to City Attorney Jim Cherof for legal review. If you or Mr. Cherof have any questions for me about these documents for Cedar Ridge Estates, 'i please don't hesitate to call. Esquire OPI</n~ encl.. i, pc w/o encls: Mr. Joseph V" 98s11e, Jr., Managin9 Director CEDAR RIDGE DEviLOPNm~ CORP. PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-045 TO: Chairman and Members Planning and Development Board FROM: Tambri J. HeYden~/J Planning and Zoni~rector DATE: February 9, 1995 SUBJECT: Cedar Ridge Estates PUD - File No. MPMD 94-009 Revised density, acreage, unit type, layout, setbacks and roads INTRODUCTION Dennis Koehler, agent for Condor Investments of Palm Beach County, Inc., owner of Cedar Ridge Estates PUD, is requesting approval to modify the previously approved master plan for the Cedar Ridge Estates PUD, as described in the attached report (Planning and Zoning Department Memorandum No. 95-026). The Cedar Ridge Estates PUD is located on the east side of High Ridge Road, approximately 800 feet north of Miner Road. RECOMMENDATION At the February 7, 1995, City Commission meeting, the City Commission unanimously made a finding of no substantial change regarding the modifications requested. Staff made a recommendation that the request be approved subject to the attached staff comments (Utilities Department Memorandum No. 95- 037, Engineering Division Memorandum No. 95-026, Recreation and Parks Department Memorandum No. 95-040, Recreation and Parks Department Memorandum No. 95-048 and Planning and Zoning Department Memorandum, dated February 2, 1995). Due to agreements that had been reached between Mr. Koehler and staff prior to the City Commission, staff withdrew comments 13 and 16 from the February 2, 1995, Planning and zoning Department memorandum at the City Commission meeting. The City Commission included in their motion, approval of all staff comments with several exceptions and setting of a land value of $30, 380.67 per acre, for the purpose of calculating the recreation and parks fee to be paid. The deleted comments are described as follows: 1. Recreation and Parks Department Memorandum No. 95-048, comment 3.A - In lieu of staff's recommended timing for payment of the recreation and parks fee for the 34 single family homes, to which Mr. Koehler disagreed, the the Commission agreed to payment in cash of the value of .612 acres of land, on a pro-rata basis, at time of applying for a building permit for construction of one of the 34 single family homes. However, if application for building permits for each single family home has not been made within 18 months of Planning and Development Board approval of the master plan m^~ification, the balance of the value of .612 acres of land shall be paid in cash. 2. Recreation and Parks Department Memorandum No. 95-048, comment 3.B (clarification, not deletion) - This comment was recommended for approval with the clarification that compliance with this comment shall take place prior to final plat approval of the townhouse section. / TO: Planning & Development Board -2- February 9, 1995 3. Planning and Zoning Department memorandum, dated February 2, 1995, comment 8 - The Commission recommended allowing a T-turn around at the terminus of the street between building 2 and 3, rather than requiring a cul-de-sac, as is required by code. The Commission felt the number of units served by this street is too insignificant to require a cul-de-sac, which in turn would have necessitated a redesign and most likely loss of units. 4. Planning and Zoning Department memorandum, dated February 2, 1995, comment 13 - staff requested withdrawal of this comment, since verification of the purchase price of the property had been supplied prior to the Commission meeting. 5. Planning and Zoning Department memorandum, dated February 2, 1995, comment 16 - staff requested withdrawal of this comment to yield to the Building Official, who will coordinate and ascertain with the utilities Department what improvements must be completed by the developer in order to pull a building permit for a single family home. Therefore, it is recommended that the Planning and Development Board finalize the land value at $30,380.67 per acre, approve this request subject to utilities Department Memorandum No. 95- 037, Engineering Division Memorandum No. 95-026, Recreation and Parks Memorandum No. 95-040, comments 1-7, 9-12, 14, 15, 17-19 of the Planning and Zoning Department memorandum dated February 2, 1995 and comments 1, 2, 3C and 4 of Recreation and Parks Memorandum No. 95-048. In addition, it is recommended that the Board approve the following with respect to this request: a) payment in cash of the value of .612 acres of land, on a pro-rata basis, at time of applying for a building permit for construction of one of the 34 single family homes. However, if application for building permits for each single family home has not been made within 18 months of Planning and Development Board approval of the master plan modification, the balance of the value of .612 acres of land shall be paid in cash. b) compliance with comment 3.B of Recreation and Parks Memorandum No. 95-048, prior to final plat approval of the townhouse section. tjh Attachments xc: Central File A:CRidgMPM ~ FEB 06 '95 16 :10 DENNI:. P ~DEHLER, P. A. ) P.l ..../ LAW OFFICES [)ennlS IJ. (\()ehler. ().4. Congr..s BU$lne.. center 1280 North Congress Avenu.. 6uit~ 213 WCIlIt ".Im e.,ch, FIClrlde 33409 TelephOne: (407) 664-2644 Facsimile: (407) 684-9370 P/ZIOPlT'I ( ~ FA'(. covr:;R SHEl!T (j)..lI!. TirHt6ti:r. HmJIA ~ Jfr. .:T~ l[fJ4a,IE.;.1fhM TO, .6Iftr~~ ~tMe.~~T' FAX NUM8ER: CD S15-6090 @ ~.2.-~3/S; 7)tl1111$ p~U~ ~. FFlOM: LOCAL: X LONG DISiANCEi a~~~ !>HO CHARGE TO~ TOTAL AMOUNT CHARGED: FILE NO: .tf.~ NO. OF PAGES PLUS COVER SHEET CATE & TIM~ OF TRANSMISSION: rn m~~:w m m: PLANNING AND ZONING DEPL_.. ,.. FEB 05 '95 lE,:::'0 DGUHS P 1:CI[HLEP, P.R.) P .=, LAW Ol=I=ICJ:S ()ennls J>. I\()ehler, ~.A. Congress Bueln... Center 1280 North Congrlt.1 Avenue. Suite 213 Wes~ Palm Beach, Florlde 33409 TelephlJne: (407) 884.2844 BY FAX Fao.imil.: (407) 6U.9370 1!1 J'ebruery 6, 1995 MEMORANDUM ".it; TO: Ms. ~~Heyd.n Pl.~-i zoning Director C"..ITY OF BOYNTON BEACH A\ _ . _ 01 FROM: Dennis P. Koehler, Bsqu1r~ SUBJBC'1': Cedar Ridge PUD - City rile Ro. MPMD '4-0009 - Respon.. to your Department Memorandum Ho. '1-021 c..b~.rr 2, ~,..) ~he Ce~.r ~1dge PUD nevelopment Team has carefully reviewed your staff report to BOynton Beach city Nanager MS. Carrie Pllrker:. Although 11: 1s en excellent and comprehens1ve report, it CIa.. conta1n five (5) statements describing the outcome of our: compromise negotiat1ons w1th which the developer must necessarily disaoree. The.e five (5) issues are addressed below. Please compare paragraph 1.A of Parks Superintendent John Wildner'9~Nemorand~~ '95-048 to you ra: "Cedar Ridge Master plan Modification" (January 31,1995), in which he correctly describes (and recommends:, t.h.e c!evaloper'. intent. regarc!ing "payment of fees in lieu of C1e4:l.cat:1on I M ftSin~~ the 4.v.lope~ planM on starting the single family lo't.. first I he ha. 1ncUeatcd that he lntAnds on paying the 1 FEB 86 .' '3:. 1 f.,: 12 DU~f'H S P V.uE.HLE.F~. P. H. I P.4 MA, "e. an~ -D" appearing on the lfJ4 tax roll (844.2'8.5& per acre). tau also aCknowleCSg. that the deve oper'. propo8ecS lanc1 value i. ba8.d on the currant owner'. January 1993 purcha.. prlce of 82,075,000. or $30,380.fi7 per acre. You go o~ to state that -no verifieat.ion of the purchase ptlce was recelvea (usually a copy of the purchas. eontract. at mlnlJmJm, 18 required)," and that if the applic:anl; objects, "he may at his own expens., obtain en appraisal of the prop.rty by a qualified real e.tete appraiser, approved by the city, which appraisal may be acceptea by tli. City, 1f found reasonable.. Plea.e canpare 'these c~ts with paragraph 13 of the ftMImOl'andum that your zoning , Site Development Administrator Mr. Michael Haag 8upp11e4 to you on Pebruary 2,! 1995: "Upon approval of this r~est. the city COmmi..1oA [.1cJ shall aefablleh the fair market value of land within the PUD for purpos.. of calculat1n; the recr.ation f... owed. '1'0 40 this it . r ded: t ve!.' fie at-ion of ~b. 1.ggf ute a.e . e v em ~. on JL~uary 30, the wr1ter: suppliea Parks SUp.rinta04ent Wilaner with a two-page letter a4c!r...lt1g "revised r.e~..tic:m cd parlell 1Inp.ot fees. " A key enclolure to this letter va. a pho~ac:opy of the quit claim dee4 :for the tull~ 6B.!-acrA Cedar Ridge project, i..ued to the current: owner [Condor Inveatmet:1I of Palm Beach Oounty, :tno.] by the Federal Depol!1t Inwrance Corporation on J'anu.~y 1~, 1993. As w. noted, this deed was recorded in Offielal R.co~d Book 76'1, Page 1389 of the Public aecord. of Palm Beaeh County on J.nuary 22, 1993. The APplicant respectfully sugg..t. 'that tbJ.. reccl'QecJ qu1.t claim deed Y.~1f1.. that $2,075.DOO was in f.c't the purcha.. pl'ic. paid in 1993 for the enti~e PUD including the 8ubdect p~opertle., ana that th1s 1993 purcha.e price may and should be utili.~ to e.~.bl1.h the PUD.. fair market land value and calculate the retuirea recreation and parks L~pact f... w. further sugg..t that under th..e cireum.tenc.., ~ NIM KU APPltAISAL OP '1'HB SU8.DC'1' ptm PROPBRTm8 18 HllClSSM'f TO lI'1'ABLISK THB PUD'SPAIa WARUT LAND VALUB. "With the exception ot J.tem 11, whieb 1. IlUpe~8.d.d by Recre~tion and '~.~k. Memorandum Ne. 95-0.e, the attached November 18 [.ieJ, 199" lette~ from orembri Heyden to Dennis Koehler. it.ernla:.. ad41t.ionel requirement. that must b. fulfilled, prioz: to applying for wilding perm! t. tor any of the single-family unit. within the PUD." Thi. .tat-.nent :lis !neon_i.teAt w1 th the developer' I under.tancUng of both the thruet cmd the result. of cur subsequent negotiations on this i..u. with City _tali. In meetings held after you wrot. your letter to m. laat November uS,:the city'. Techn1Cal Review Canm1ttee (.pecifically, City Bngineer Bill Hukill) has stated ~hat 1t will not b. n.c..mary' to .t~ictl;y comply with each ot the requ1rementl tliR were .paoified in paragraph 2 of your November 18 letter to me. por .xempl., you etated in that letter that the developer must complete ()ennls J>. :I\()ehle..-. () ..4. 3 iTB OS . ':i:::'t,::' i DEiUGS F' f I~'EHLER. c'. ~~. I P.5 an4 the C1t~ must .cce~ ".11' improvements (Itre.ta.. ...1.... iiEl11t;1.., I r'.t 11gntlifg, drainage structures I common area landacsp~g and irr1gation) required within the PUD," As tha App11eant has frequently pointed out to City staff, it must heve the abi11ty to obtain building permits for the 34 singl. family lots as soon as possible, without first having to construct - and have the C1 ty accept - all of the common ar.. improvements associated With the townnouse port1on of the projectl THB APPLXOANT UMAINS cotGfITTBD TO POST ~1I PBRI'ORNAHCB BONDS DQUIUD TO CtWWl'nlB CONSTBUC'J.'IOH ag THlSB INPROVBMBRTS AT THB '1'1111 'l"HA'1' IT UOIltW8 PINAL UPLAT APPROVAL POa TBB PR.OJICT. [ThiS i. the exact Sl!lft. event that W111 tr1gger the requirement for the aeveloper to post . 110' letter or crea1t for the remaining recreation and parks tmpact f...] 5. T-turnaround VI - -lac bet.aM t01fl1hcu.. bui1d1A . 2 and J. In paragrap 0 s e ruary WMoran UII 0 you, Mr. ."9 aeelere4: "The sub41vi.ion ana platting regulations require stJ:'''~. ~o be terminated w1 th . cul-de-sac. All bu~ 011. of the .tl'e.t. t between bu11aing 2 and 3) h.. beu revi.e4 to r.p1aCle the '1'-turc*Z'0Uft4 w1tll . cul...4e-Iac. Unless ot.her.i.. permittee! ~he eft C i..ioA the remainln T...turnarOUDQ .ha1i be repIac w a cu - a-sse me. c y. an ar .. (emphasis added) The Applicant re.pectfully suggest. that on this point, the City commission should accept the compromis. that ... twice recommended fevorably by the other members of the 'l'echnioa1 Reyiew conal tt.. (principally fire Prevention Offieer Bill Cavanaugh), Thet in the spir 1 t of compromise, 'I'HII nBftLOPJIR SHOULD JfO'1' B. UQUIUD '1'0 DI8ZOH A COra-DB-SAC AT THIS TH.tlm LOCA'1'ION. - CONCLUSIONS With the exception of. th. five (6) importet 1:'.lIet'vationll discussed above, which ftl'WJt be l'uolve4 either priot' to or 4\l~ing the City Commis8iout. meeting on this matt.r tONo~row evening (Webruary 7), the developer aee.ept. ana .Ador... all of the otbe~ po1nt. contained in the Ci~y staff'. campreh.n.1ve Memorandum BO. ,,-oae to Cit.y Manager Parker.. Our entire aevelopment team remaiAs aval1eble to meet with you to review these matters at any t~ p~1or to tomorrow evening's date with th. City Commi..1on. DPK/nz pc: Mr. Jo.~ph ~. ...11., Jr. Mt'.. Robert A. Bent., LAND DBSIOK 80UTH Mr. John D. Holt, P.s. ()ennls (J. I\tJehle..-. ~ .A. .. JAN 30 ' 95 12:: 34 DENmS P VOEHLER, P. A. ) P.l LAW OFFICES ()ennl~ IJ. I\()ehle.... IJ.4. congress !:5ullnlli5 Center 1280 NOrth congrtlu Avenue. SUItCl 213 Wellt Palm Beech. Florldll 330409 Telepnone: (407) 684-2844 Facsimile: (407) 684.9370 FAX CQVER SHEET ro, 0~=-&it-~~~A r"AX NUMBER: 0315~-6'~O 0 5~2.2,31S- . FROM: :ArIlH"S!? /::OzllfF r;;lSf. ' .,/ LOCAL: LONG DiSTANCE: ~~PVD CHARGe TO! TOTA~ AMOUNT CHARGED: NO. OF PAGES ~ FILE' NO: *~ PLUS COVER SHEEi , DATE & TIME OF TRANSM I 55 ION: 1/~o/~S:--13,' ~~p.Ht.. ,. f f . 1I-.l:TIALS Oi=' FlERSON SENDING F'AX: ~;:::- 1#.' ~P,d9.G.PI1])- ~.J ..fji,Ijs~&& ~6ifJr$ lJ." JlrLM~ _ ~ ~~.p ~~ ba4t~ __"_ ;~!'~~~:~~t~M. .: ---:: %;~ COMMeNTS: , / (.>fl-l, tlpr . I'-" If) bV J~ ~ '~~1 ~ "~. uJ~ -Nt:' ()~ 50~'i.' 0,5 l1j1b~ '$.tO~~~. ~ VV \ tjl l.;> 4/) \ rfll" tti1v.v& cP ttj(l) JI~~t=1] '':IS 2.::-:34 H:1tH-::, f.. luEHLER, P.H..i F' ? d_ LAW OJ:r:ICES ()ennls (). I\()ehler, 1'..4.. Congresa Business Center 1280 North Congress Avenue, Suite 2' 3 Weal Pl!lm Beach. Florida 33409 Telephone: (407) 684-2844 Facsimile: (407) 884-9370 January 30, 1995 Mr. John W11~ner, parks superintendant Boynton Beacb Recreation & Park Department 100 Baat Boynton Beach Blvd. BQynton Beach. PL 3345 BY PAX Its: Cedar Ridge PUD - Naater Plan Modification NO. MPMD 94-009 - Revised Recreation and ~arks Impact P.e Dear John: ~he purpose of this letter is twofold: (1) to provide your otriee with the c1eveloper'llJ proposed land value tor the CAdar R1~g. POD, end based on that velue I (2) to recalculatA the requlr.~ recreation end parks fae for the project. The calculations .re based on three (3) assumptions: t 1) That the entire proj ect (1nclut!ing both the slagle // f1 tL/ tam11y-attaeheCl and s1ngle family-detached port.1on.) .. (i r will be treated together: (2) that the total number of townhouse unit* will be ~~ reduced as proposed, from 114 to 11Q unit.~ And ~O ( 3) that per Tambr1 Heyden t s comments at our Jenua:ry 26 mester plan review meetingl the toWnhOUSA units will be A~ treated as mult1fam11y units for fee ealeul.tion ~va purpose., i.e., . .015 rather than .018 aer../Q.u. 1. Land Value. The applicant: beli.v.. that the best ind1cato~ of the subject properti..' fair ma~ket value (FMV) is the purchase price that. was pald .tor th. PUD by the current property owner, i.e., Conder Investmant. of Pa~ B.aoh County, Inc., to the federal Deposit Insurance Corporation on January 12, 1993. Attached to this l.tter i. . copy of the quit claim deed for the entire 68 .3...acr. CllIder Ridgca pJ:'ojeet, ~.gord.d in Official Records laok 7561 at page 1388 on Janua~ 22, 1993. Ne distinction we. made a~ the ttm. of purcha.. be~w.en the planned industrial portion of the Cedar Ridg. p~oject and the planned residential development pori:1on. The purClha.e pr::l.ce per ec.:'. waa $2,07S~OaO.oo - diVided by '8.3 acr.. . land value of 130,380.67 per acre. 2. Pee fer 34 Sint1. fami1:a un! ts . ~h.re has been no cha..t\ge in the acreage calerol. ion for hi. portion of proj act. 34 single family hom.. x .018 acr../e! .~. - 0.613 Clores. 0.612 Acres x JAn 30 I g:; lc:: 3~-; DEr'~NIS P KOEHLER, P. A. ) P.3 I . - L ,A!/t{.l .'/ MV( a\l } J; ~1~ ~ft v r,v(jV. ~\ \ ~ ,'- Qj\ I \1^ \) V\ ( $30,380.67/acre . \18,592.'7. Becau.e the applicant w1shes to heg1n ~on.truct1gn mmealately onthes. 34 s1ngle fsml1y lots, he agrees to pay the full pa.r_t_i~d recreat10n tee of $18,592.91 prior to issuance o~e f~ eert1t1cate of occupancy. How~v.r, aB we d1~C ,ad on January 26, 50_ credit will be awarde~ against th1s re '<-if the statt ane! city Council conclude that th~ overall PCD' proposecS recreation faci11 t1i:1S package quo11fiea the ant1r r~ect tor 50' credit towards the required W r~cr.8tion 4ec,1.- on. un~.r that scenar10, the developer would i '\ . quality tor!ate receive l!Ieash cred1t....'\Of 50' of the full parts \ \;~. . anti recreatton-'lmpact fee for the singl., f8lll1ly-detacheCS portion '~So' or the prOject, or 59,296.49 [$18,Sp2.97 fu~l fee f 2 ./~ L~l $9,296.49]. ~ ~ ,~~ ~~. ~:_ 3. Impact t.ee for 110 townhouse units. 110 townhouses x .015 k?V\' acres/cLUe .. i. 65 acre.. 1. IS!) acr.. x $30,380. 67/acre.. &, $50,128.11. If 50' crecu. t for on-s1 t. recreation improvements 1. H~r' awar<l8C as expected, this fee will be reduced to 12S1~6".~:. If I ~ the $9,296.49 "camh credit" from the single am y-a ached jJf portion of the project ls epplied, the total townhouse lmpact fee should be reduced as follows: $25,064.06 - 9,296.49 . $15,767.57. 4. Letter of credit re~1red. On January 26, staff agreedj that a "clean, 1rrevoca6Ie le W-of credit" (LOC) must be posted upan final repIat approval for the townhouse portion of the POD. Th1! LOC must be for 110' of the requirea recreation and parks impact f.e. $15,767.57 x 110' .. $171344.33. Pl..se review these calculations earefully. If they do prove to be correct, and represent a proper application of the City's Recreation & Parks Impact Pee formula.:! ask that [OUconf1rm that to me in ~i ~ w. understand, of course II the the key figure ~in the.a calcula ions, 1.e.. the land value that the applicant i. proposing, must be accepted by the City'S planning' Development Board before any payments can be made. /'~\ () \\1': ~~ ~ \j0/f{Y ; Esquire \;~.~ nl t ~ ' ~ , tY'vti .J# ! aJ ~-1 - u.~ ~, ~l (rY' 'I t1 < \ .,d 1:(, I. IV 'J C I , 1\ ~ ! I J%' t ,-I'D ..~. t,@/: 1c) " . / 1~ ' ~ )"7 \ f ~y vr~ · cJ-;~~ ~ r kJ frJ ..~ ~~~1:;? \ ~ ~y ~:-J>> Ofl ~ ,~. ~,y '\5\wG~ \~~5~fuf DPK/nz encl. pc w/encl: Mr. Joseph F. Basi181 Jr. Mr. Robert A. Rentz I:>ennls IJ. I\()ehler . ~ ..4. JA~~ ~C'I 'qc:; 12: '=It:. Dq~NT~ P f<OEHLER, P. A, ) IZIl~2'("'..L";~ ~..' :';l';li"'rl 'rr(""tl TO 664'3,'S'70 p.41 lJ l \ 4 (1:\. - I I : I I 'C.,. II r .: II 01 I.l J ) I) 11111. 1,I'.\dl. 'W v.".. , . i I IttTtTlUl '1'0: vie t32.~: J. ,tu~ IA.W$, J:oQ. 4400 reA 11vd.. Sviti 90e '41.. e....CD Gal'tS,u., lL 33410: ': JAN--u-t~J t2:16~1I\ <;'3-019681 . ORe 7561." 1.3sa. 11111111 ..I..UI HI I" 2,075~ooa.OO DGe 14.5~5~ . ; ( 1 C~n I 'rKte tNS~RtTKJ;m l'at:tMZl) Zy: oanl.l. f. Ii..nsln, !:aquira re4crol Cepo5it Insuranoe corp. P.o, "'ox 7215003 orlando, F~ J2S72-~003 407~8!8"'3300 OR~~ H1ghric!;. Com.'1'leree .1 J "t I f., I -- or ~ ,. QUIT C~AJI( QJ~O 'tiNtS %)'/L'lIN':l,'IU'U: ~aQa thLs 1~~ da:y Of . C\df'\l.l~ I :l.S9 J, by t.he ,i'EOERAL OSPOsI,'l' t~~v:RANCE cO!U-'G-AA,,:;rON~igii= of rSLle RSsot,,\J~lON TUNC, IUI Ro=e~v.;, tot... S1.lnl:'i.. .$ftvin9ti ana Loan A!soclation, an~ 8UN.OPt INC., 6 Florida corpcrat~on, who.. adoreS5 is P'.O. lSoX 13~OOJ, Qr:J.anQo, FL 32874,-5003, hareina.ftet 01111" thlJ ol:cJuito," f 1;0 CCNCO~ INV!S'tMEN1'5 or PAt..M SE"CH CO\.'N'r'i I INC I I a !'lot"ida oQr'ponl.tJ.cn I ~;rho'. t.~y. 1d.en-C1 t1c:at !,9n nwr.l:l.t' 19 66"0~ S 72 0 a, ~n~ 'WhoaQ .~~~8B. ._ 'cote, ~oYQe, Harrl., arran << HylanQ, 4400 1'.0.'1... !lo~1.eVo;,4, euJ,.te 900, ~!.lrn iea~h QaX'~.n.1 Flor1da JJ4l01 h.te1natt.~ 0&1114 th. Gt.ntee. 'I '\'fhen used het'ein; the t$t"ma IIGrantor" and I!Grant(le" f include all parties to this ir.str~~8nt, their htir., l.qal r.pres~ntativQs andass1qnl of individuals, atld the successors and ass1qns oC oorp'crl tions . WI~~masZ~~1 ~h~~ the Cr.ntQ~f for and in eons\~GratiQn of ~he SU1II ,ot 'IlIN A.NO OO/lOOTHS t'lOLL\lU3 ($10,00) and othor gco4 and Valu~bl. cO~Ai~eratiQn, paid QY th. Grant.o, ~.o.i~t ~nd .!.ut't'icien~y heraQf i. here);)y aol<nowl.CL~ed I dO~1I her.by :r.=~.., I rQlt!~SJe .nl::.t tOcr:'Clva:r q\J i to Ql.aim \,\n1:,o the Gran+.;...# thl!t1r /hil/l1.r heir, ana ..c1~n&1 all of Gr~n~e~la ri~nt, title, anQ interest in an~ to the followin, ~e.eri~.d real property &it~~t.a in pal~ a.ion cou~eYj ~t~~= Qt rlor1dG, to-wit: . 1\ se~ tI'!GAL o'eSCJltP"!'ION AT'!'Actr~D l1ti\tTO,' AS '!)"'lJ1'J1T flA" ?;lax Pat'ce1 No,.: sn ATIACIEID WIT I ' l1"R:r1l ,~Dl!rD xc W:t'i'HOlJ~ ~ w...lt.~':'l 'Wt:TJU~R. a?:~4.rOTORY, mXPRllliIS QR IHPL%IC), ~ ~R~NTOa D~1e IQ% WARRANT T4~Lt ~O THW Rm~w PROr~aTY If>>R.>>,Y OONVE~SI:I. . LAW OFFICES ()ennis IJ. I\f)ehler-~ Congress Business Center 1280 North Congress Avenue, Suite 104 West Palm Beach, Florida 33409 Telephone: (561) 684-2844 - ~\. \~ :;tJ ~ ',\ "I) ~ rn 1'\ ~ '.:~ '~1 1.2.1 d ~.. \ U 1 IJ. A ~ ,_~~ PLANN\NG "N\),,'~,;~~ ZONING DEPI. -.~ BY FAX Ms. Tarnbri Heyden, Dit:~~~I~: (561) 684-9370 Planning & zoning Department CITY OF BOYNTON BEACH 100 East Boynton Beach Blvd. Boynton Beach, Florida February 10, 1997 JilL ;~p "t! t1 PHQ r ff~~ RE: CEDAR RIDGE ESTATES - Request for waiver of replatting fee Dear Tarnbri: On behalf of Mr.. J~seph P. B~=ile, Jr., President at CEDAR RIDGE DEVELOPMENT CORP., INC., I want to thank you again for your creative response to my recent request for a waiver of the required fee for replatting the single family estates portion of the CEDAR RIDGE PUD. In a followup conversation on February 5 with Mr. Ken Hall of the City's Engineering Department, I confirmed that in lieu of the flat $3,000 plat review fee, the City will allow CEDAR RIDGE to pay only for the actual time spent by City staff in reviewing this application, which is not expected to exceed a total of ten (10) hours. I further understand that City staff will document the time that it spends in reviewing the CEDAR RIDGE ESTATES replat, and that an itemized bill will be presented to CEDAR RIDGE prior to the public hearings during which the replat will be presented to the City Commission. Mr. Hall asked me to provide him with copies of any materials from my files confirming that City staff (including the City Attorney) has previously reviewed and approved the homeowners' association documents that establish maintenance responsibilities for what will now become private streets. [The original documents were so approved anp recorded by this office in October 1995.] I will also ask my client to provide any additional documentation that Mr. Hall requires. Many thanks again responsiveness to my great cooperation and needs. Esquire DPK/ns pc: Mr. Ken Hall, Engineering Technician, City Engineering Department Mr. Joseph F. Basile, Jr., President, CEDAR RIDGE DEVELOPMENT CORP. Congress Business Center 1280 North Congress Avenue, Suite 213 West Palm Beach, Florida 33409 Telephone: (407) 684-2844 rDJ rn @ ~ ~W-~. r~ 'n)' IIJiJ OCT 0 1995 I W r -.J j)Lt;'1~,lir\;G AND _"~._",L'L"G DEPT. LAW OFFICES [)ennis (). I\f)ehle'-!l ().A. BY FAX Facsimile: (407) 684-9370 October 26, 1995 Mr. Michael E. Haag Planning & zoning Administrator Boynton Beach City Hall 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 RE: CEDAR RIDGE ESTATES' - Recorded Declaration of Covenants and Restrictions~ By-Laws and Articles of Incorporation - ~. ~e MPMD 94-009 Dear Mr g: I'm pleased to advise that the referenced Cedar Ridge Estates documents, including the changes that were requested by you and City Engineer Bill Hukill, have now been recorded in the Public Records of Palm Beach County. Specifically, these documents may be found in Official Record Book 8958, Pages 39 through 88. The documents were recorded at10:11 a.m. on October 13, 1995. Once again, I want to thank you for your constructive comments and suggestions as I put this package into final form. oehler, Esquire DPK/nz encls. pc w/encls: Mr. Joseph F. Basile, Jr., Managing Director CEDAR RIDGE ESTATES PROPERTY OWNERS ASSOCIATION, INC. JAN 30 "35 12: 13 DEI~NIS P kOEHLER. P.R.) P.2 LAW OFFICES [)ennls F. I\()ehler. F.A. 00ngr.'8 BUlin... Center 1280 North Congr... Avenue. Suite 213 Weat. Palm aeach, Florida 33409 Telephon~: (407) 6B4.2844 FaoslmlJ&: (407) 684-9310 BY FAX January 30, 1995 MaM01tANT,)UM TO: eyCien, Director Beach Planning & Z~g De:~rtment FROM: Den.n1s P. Koehler, ESQ\l1r~ SUSJBCr: C.~er R1dge pun - Special site plan review meeting I wantee to take a moment to say how much I enj oyed and appreclatea last week's outstanding workshop meeting tAl'i th you, Mike Haag, Charley !'re4erick and John W11aner as wa literally worked together to revi.. the Cedar Ridge pun M8ater -it. development plan. ! as I was telling my wife on the way to my softball game in JUp1tet' that night - we won, by the way - it was Aetually fun, all or UII sitt1ng arO'l.1nd the table together, working to find a compromis. that serves the b.st interests of both parti... I believe that my client'. proposal W8111 Bubai:antially lmprovsd by the changes wa agr.ed to make. Although much work rerna1ns to be done, 11m confident that the sam. t;oopeJ:'ative approach w111 ultimetely produce a sup.rior development product that will be a feather in everyone's ~ap. DPI./nz pc: Mr. Joseph F. Basil. I 3r. Mr. Robert A. Bentz , . I m JW 3 0 1995 m t.1' -.....s \) LAW OFFICES Uennis ~. I\()ehler~ Fal;silJlile: (407) 684.9370 Octoner 10, 1995 BY FAX Mr. Michael E. Haag Planning & zoning Administrator Boynton Beach City Hall 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 RE: Cedar Ridge Estates' Declaration of Covenants and Restrictions, By-Laws and Articles of Incorporation - C ile MPMD 94-009 This letter is written in response to yours, same subject (October 2, 1995), in which you offered final comments generated from the City staff's review of the corrected documents that I supplied to you earlier this year. The following response with enclosures (corrected/amended pages O~l~) corresponds to each of the numbered items contained in your Oc 0 er 2 letter: 1. Reduced co ies of Exhibits A lat of record and D [survet~' As you no e, e u size Ex i i "A" may e omi e, since is refers to the existing plat of record for the Project. Please note that the plat title, plat book and page number are legible on the reduced copy of the record plat that will appear as Exhibit A. The reduced survey for the project will appear as Exhibit D, as requested. 2. Amendment to Declaration, Section 6.32. I have corrected the language as requested. 3. Amendment to Declaration, Section 6.33. I have amended the language as requested. 4. Section 10.5. The original version of this section, which required the Association to enter into a maintenance agreement with the City, has been deleted in its entirety, as you requested. My client does plan to take the City I S advice and replat the project; the streets and courts will be changed to private, and the 11 lots now controlled by the Lake Worth Christian School will be omitted in the replat, just as you have requested. 5 and 6. New definitions, plat references. As requested, I have expanded certain existing definitions in Article 1 of the Declaration and added new ones to (using your words) "link the titles identified on the plat to the document." As you correctly the purpose of accepting and assuming the aforesaid powers, rights and duties and performing the aforesaid functions. NOW THEREFORE, the Developer declares that the real property described in Article 2 of this Declaration is and shall be held, transferred, sold, conveyed, demised, and occupied subj ect to the covenants, restrictions, easements, charges and liens hereinafter set forth. ARTICLE 1 DEFINITIONS 1.0. The following terms, as used in this Declaration and all its exhibits, shall have the following meanings or definitions respectively ascribed hereto: 1.1. "Articles" means the Articles of Incorporation of the Association dated April 3, 1995 and filed with the Florida Secretary of State on April 6, 1995. A copy of the Articles is attached hereto as EXHIBIT "B" and made a part hereof. 1 . 2 . "Assessment" means a share of the funds required for the payment of Common Expenses which, from time to time, is assessed against each unit. This definition shall in no way preclude the making and collection of Special Assessments as provided for in this Declaration. refer to Cedar Ridge Estates 1 . 4 . "CREPOA" shall mean Cedar Ridge Estates Property Owners I Association, Inc., its successors and assigns. 1.5. "Board" or "Board of Directors" shall mean and refer to the Board of Directors of the Association. 1 . 6 . "By-Laws" shall mean and refer to the By-Laws of the Association as the same may be amended from time to time, a copy of which is attached hereto as EXHIBIT "c" and made a part hereof. 5 1.9. "Common Areas" or "Common Property" means all portions of the Property, including any improvements now or hereafter constructed thereon, which are intended for the common use and enjoyment of the Parcel Owners and which are owned by or conveyed to the Association or which are dedicated to the Association on any recorded Plat of the Property or which are owned and maintained by the unit owners collectively as tenants in common and all other Property which may at any time be acquired by the Association. The Common Property includes but is not limited to walkways, common parking facilities, open spaces, the surface water management system as permitted by the South Florida Water Management District (including all retention areas, culverts and related appurtenances), private streets, sidewalks, street lights, entrance features, landscape buffers, seawalls (bulkheads), security gates and alarm systems and docks, but excluding any public or private utility installations thereon. 1.10. "Common Expenses" means expenses for which the Unit owners are liable to the Association as provided for in this Declaration. 1.11. "Declaration" shall mean this Declaration as the same may from time to time be amended or supplemented. 1.12. "Developer" shall mean and refer to Cedar Ridge Development Corp., a Florida corporation, its successors or assigns, but not purchasers of individual units or residences at Cedar Ridge Estates who intend to reside therein. 1.13. "Dwelling" means any residential dwelling unit constructed on a Lot. 1.14. "Effective Date" means the date on which this Declaration of Covenants and Restrictions is recorded in the Public Records of Palm Beach County, Florida. 1.15. "Improvements" means all structures, or any portion thereof and artificial changes to the natural environment (exclusive of landscaping), located on the Property. 1.16. "Institutional Mortgage" means any insurance company; federal, national or state bank or savings and loan association; profit-sharing trust; pension fund; real estate investment trust; Massachusetts business trust authorized to do business in the State of Florida; agency of the United States government; any other generally recognized institutional lender; and any "secondary mortgage market institution" including the Federal National Mortgage Association, the 6 Directors. The Board is hereby authorized and empowered, but is not required, to create written standards, criteria and specifications governing the procedures for application for and granting of approval of any proposed improvements. No improvements shall be approved which are not in harmony with the external design and architectural theme of the Project. Fences shall comply with the fence regulations identified in the Official zoning Regulations of the City of Boynton Beach, Florida, Palm Beach County, and may be no greater than six (6) feet in height and may only be constructed in the backyard of a Unit and shall be located at least twenty-five (25) feet from the edge of the pavement of any Road abutting the Unit on which such fence is located. Patios, decks, terraces, or similar improvements may only be constructed in the backyard of a Unit. The Board may, but is not required to, appoint an Architectural Review Board with powers and authority with respect to all matters involving architectural control set forth in this Declaration or otherwise. A majority of the Board or the Architectural Review Board, if appointed, may designate a representa'tive to act for the Board Oi:' Architectural Review Board, as the case may be, and shall have the right to disapprove any plans and specifications which are not sui table or desirable, in its sole discretion, for aesthetic or other reasons. 6.18. Architectural Standards. No improvements, including Dwellings, shall exceed thirty-five (35) feet in height. Any alterations or additions to said dwelling must meet the approval of the City of Boynton Beach Building Code. These changes, including color changes, additions, screen enclosures, and landscaping must also be approved by a majority of the Architectural Review Board or the Board of Directors for Cedar Ridge Estates Homeowners' Association. 6.19. Trees, Soil, and Grass. No trees that exceed three (3) inches in diameter or exceed three (3) feet in height shall be removed or cut nor shall surface soil be dug or removed from any Lot on which a Dwelling has been constructed without the prior written consent of the Board. Whenever a Dwelling is being constructed on a Lot, all Melaleuca, Brazilian Pepper, and Australian Pine trees located on such Lot shall be removed by the builder thereof and replaced with native Florida trees, shrubs, plants, and other landscaping material. When a Dwelling is constructed on a Lot, the Lot shall either be sodded or xeriscaped. No Owners shall permit the growth of noxious weeds upon his/her Lot, so as to become a nuisance. 6.20. Driveways. All driveways shall be of sufficient size and width to provide parking for four (4) full-sized passenger vehicles and shall be constructed of concrete materials or other materials approved in writing by the Board. 6.21. Artificial vegetation. No artificial grass, plants, or other artificial vegetation shall be placed or maintained upon any portion of the Property not covered by a roof without the prior written approval of the Board. 6.22. Lawn Sprinkler System. An underground sprinkler system of sufficient size and capacity to irrigate all sodded and landscaped 19 'The City of 'Boynton 'Beach 100 'E. f}Joynton f}Jeadi 'BouUvara P.O. f}Jo~310 f}Joynton f}Juu~ :TCori4a. 33425-0310 City 1faf[: (407) 375-6000 :TAX: (407) 375-6090 '-~ Octobel-"" 1995 DenU1S P. Koenler, P.A. Congress Buslness Cen~er 1290 North congress Avenue, Suite 213 ~est P31m Beach. Florida 33409 Re: Cedar Rldge Estates' Declaratlon of Covenants and Restrlct:ons, By-Laws and Art1cles 0: Incorporation - Clty =11e MPHD 94-009 Hl-. Koehl er . Find below comments generated from the review of the corrected documents titled "Declaration of Covenants and Restr1ctions for c~dar Ridge Estates Boynten Beach, Florija" received on September 22,1995: 1. (previous comment) Submi t an original size copy and a reduced (8 1/2" X 11") copy of Exhibits A and D. The full size document is for clarity in determining the content of the drawing. The full size document of Exhibit "A" may be omitted if the document is the plat of record for the project. If Exhibit "A" 1S the plat of record ensure that the plat title and plat book and page number are legible on the reduced copy. 2. (previous comment) - Amend Section 6.32 by omitt1ng City of Boynton Beach IS Zonina code and replace with as shown and described on the current approved master plan for the prOlect. The document language conflicts with the regulations identified on the current approved master plan. 3. (previous comment) - Amend Sectlon 6.33 by omitt1ng Zonlna Code of the City of Boynton Beach and as shown and described on the approved master site development plan and replace with as shown and described on the current approved master plan. The document language conflicts with the regulatlons identified on the current approved master plan. 4. (previous comment) - Either omit Section 10.5 in lts entlrety or submit an abandonment application for each road or court identified in Section 10.5. It is recommended that the Cedar Ridge, a PUD and High Ridge Commerce Park, a PID plat be re- platted to change the streets and courts to pr1vate and emit the I: lots. ;tmeriaJ's (jateway to tIU (jutfstream Page :2 Cedar Rldge Estates' POA Coc~ments Jctober 2, 1995 5. Ccnsidering that you are net re-plattlng add to the document 121cludlng "Artlcle I followlng assoclation tltles that are :urrent plat of record: the plat of record, - Definltions" the identlfled on the Cedar Rldge Community Assoclatlon, Inc., Cedar Ridge Estates Homeowners Associatlon. Ine. , Cedar Eldge Condomlnlum Associatlon, Inc. and Hlgh Ridge Commerce Park Association, Inc. 6. Oml t all reference to Ceda:- Ridqe Estates Property Owners I Associatlon. Inc. and master associatlon for the entire PUD and insert the correct ti tIes as referenced in comment ;:5 above or link the titles :.dentifled on the plat to the document by insertlng text in the document that specifically references the titles on the plat. The referenced associations have perpetual malntenance obligation identifled on the plat for parcels A, Band C. The proposed document "Declaration of Covenants and Restrictions for Cedar Ridge Estates Boynton Beach, Florlda" shall match the obligations that are identified on the plat. Amend the proposed document accordingly. I will fax Mr. Hukill's determination of the corrected documents to you as soon as I receive them. Very truly yours, Administrator MEH:dim cc: Central File a:K::>ehler.POA %e City of 13oynton tJ3eacn 100 'E. 'Boynton 'Beadt. 'Boulevanf P.O. 'Bo~310 'Boynton 'Beadt., %JrUfa 33425-0310 City 1fa1[: (407) 375-6000 7'~: (407) 375-6090 september 5, 1995 Dennis Koehler, ESQ. 1280 N. Congress Avenue, Suite 213 west Palm Beach, Florida 33409 Re: Cedar Ridge Estates - By-Laws, Articles of Incorporation and Declaration of Covenants and Restrictions for Cedar Ridge Estates Property Owners' Association (staff review) File No. MPMD 94-009 The reason the documents were not reviewed after you submitted them in April was that the staff WaS waiting for the applicant to follow-through with the conditions of approval for the Master Plan Modification that was approved by the City commission and Planning Development Board in February 1995. The conditions of approval of the Master Plan Modification were required to be completed prior to permits being issued for the project (comment number 14 - Planning and Zoning Department Memorandum dated February 2, 1995). Please clarify this issue. I have not received comments from Jim Cherof regarding his review of the documents. Find attached comments from the Engineering Division Memorandum No. 95-329, and Planning and Zoning Department comments listed below (note: additional Planning and zoning Department comments are hand written in the border of the document). Written confirmation regarding the approval of the documents from the Engineering Division, Planning and Zoning Department, and the City Attorney are required prior to recording the documents. Please be advised of the following comments regarding the above referenced documents: * To achieve City approval of the proposed documents, either provide a City approved re-plat of the property referenced in the documents, provide documents in compliance with the conditions of approval of the recent Master Plan Modification, or use the recorded P.O.A. documents required as part of the original plat approval until the first or second option is completed. ;<Imerica's gateway to tfu guifstream Page 2 Cedar Ridge Estates * Additional comments are hand written in the border of the document. * This review did not include evaluating the By-Laws or Articles of Incorporation which are reviewed by the city Attorney. Please make the appropriate changes to the document and resubmit same for review. I will fax Mr. Cherof's comments to you as soon as I receive them. ~~~~ CC: Jim Cherof Attachments MEH:bme C:.dr1d:.eh DEVELOPMENT DEPARTMENT ENGINEERING DIVISION MEMORANDUM NO. 95-329 TO; Mike Haag Zoning/Site Administrator tW~~~am ~ukill, P.E. ~ Englneer August 28, 1995 / [D] tl @ tl U \Yl tlliiJ UlJj .u 29ms ~I FROM: ~~~~gE~~O DATE: RE: CEDAR RIDGE ESTATES - COVENANTS & RESTRICTIONS We have the following comments on subject document: Paragraph 4.6 page 10 - The description should begin with the word "All" in lieu of the word "Public" as in "All utilities may be installed..." Paragraph 10.5 page 26 - Add a sentence at the end to read "All costs and expenses incurred in the performance of the duties imposed by this paragraph 10.5 shall be common expenses of the association." Signature page 32 - Incomplete We have not reviewed the Articles of Incorporation or the proposed By-Laws. WVH:ck xc: James Cherof, City Attorney C:CEDARRDG.LA W LAW OFFICES Uennis (). I\vehler!l ().A. Congress Business Center 1280 North Congress Avenue, Suite 213 West Palm Beach, Florida 33409 Telephone: (407) 684-2844 BY FAX Facsimile: (407) 684-9370 August 17, 1995 Ms. Tambri J. Heyden Planning & zoning Director Boynton Beach Planning & zoning Department Boynton Beach City Hall 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 RE: CEDAR RIDGE PUD - Request for status report and/or City action on POA documents for CEDAR RIDGE ESTATES Dear Tambri: I hope that my recent silence on the Cedar Ridge PUD doesn't indicate that I've lost interest in this project, or that I no longer serve as the developer's (CEDAR RIDGE DEVELOPMENT CORPORATION) legal counsel! I haven't, and I do! The purpose of this letter is to follow through on my letter to you with enclosures of April 4, 1995 (copy of letter, attached). In that letter, I asked the City staff to review the Articles of Incorporation, Declaration of Covenants and Restrictions and By-Laws that I had prepared for Cedar Ridge Estates, the 34-uni t, single family detached portion of the Cedar Ridge PUD. I never have received any response or comments from either your office or from Mr. Cherof. That has now become an issue, since several purchasers of lots within Cedar Ridge Estates are looking to obtain approved, recorded copies of these POA documents at their real estate closings. This morning (August 16), the Flagler Title Company called me to inquire whether these Cedar Ridge Estates POA documents had yet been recorded. I replied that they had not, that they were still being reviewed by City sta~f. I therefore ask that you or Mr. Cherof dust off the POA documents that I supplied to you 4-1/2 months ago. If they are acceptable as proposed, one of you should call me ASAP so that I can have these documents recorded in the Public Records of Palm Beach County. If you have any questions about this letter, or if you are unable to retrieve the set of POA documents that I initially supplied to you on April 4, please don't hesitate to call. rn1P ~ UJ,\m DPK/nz encl. pc w/encl.: . . ~pCi\r~!JfN c;-Ai'~ G.'.~'~.'- . ZONING DEPT. j Mr. Joseph F. Basile, Jr., Managing Director CEDAR RIDGE DEVELOPMENT CORP. LAW OFFICES Uennis IJ. I\()ehler~ I).A. ~(Q)(P)~ Congress Business Center 1280 North Congress Avenue, Suite 213 West Palm Beach, Florida 33409 Telephone: (407) 684.2844 Facsimile: (407) 684-9370 April 4, 1995 Ms. Tambri J. Heyden Planning and zoning Director Boynton Beach Planning and zoning Department Boynton Beach City Hall 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 RE: Cedar Ridge PUD - Request for City staff review of property Owners' Association documents for CEDAR RIDGE ESTATES Dear Tambri: I'm pleased to supply you with copies of the "project documents" (Articles of Incorporation, Declaration of Covenants and Restrictions, By-LawS) that my office has prepared for the single family detached portion of the Cedar Ridge PUD known as CEDAR RIDGE ESTATES. There are, of course, other Cedar Ridge PUD documents that must be reviewed and approved by the City. I am currently developing a similar set of proj ect documents for the single family attached portion of the Cedar Ridge PUD, to be known as CEDAR RIDGE TOWNHOMES. And since both residential portions of the Cedar Ridge PUD will be sharing maintenance responsibilities for the PUD'S recreation and parks facilities, I am developing a set of "master" association documents as well. [During the City IS recent review of the Cedar Ridge Development Corporation's request for master site development plan modification, staff advised that they wanted to see a master association established for those purposes.] I understand that after your staff completes its preliminary review of these documents, they will be forwarded to City Attorney Jim Cherof for legal review. If you or Mr. Cherof have any questions for me about these documents for Cedar Ridge Estates, please don't hesitate to call. Esquire DPK/nz encls. pc w/o encls: Mr. Joseph F. Basile, Jr., Managing Director CEDAR RIDGE DEVELOPMENT CORP. JvHN HOLT ENGINEERING. P.E. 925 Azure Ave. West Palm Beach. FL. 33411 407- 793-7843 CITY OF BOYNTON BEACH ENGINEERING DEPARTMENT BOYNTON BEACH, FLORIDA RE: CEDAR RIDGE DEVELOPMENT HIGH RIDGE ROAD ATTN: BILL HUCKLE GENTLEMEN: I HAVE LAMPED, REVIEWED AND INSPECTED THE STORM WATER DRAINAGE SYSTEM ON THE ABOVE REFERENCED PROJECT AND FIND THE FOLLOWING: ALL DRAINAGE PIPES ARE IN GOOD CONDITION, WITH LITTLE OR NO CLEANING REQUIRED.. DRAINAGE INLETS ARE IN GOOD CONDITION, WILL NEED MINOR MUD WORK AND TWO GRATES NEED REPLACING.. SINCE THIS PROJECT, AT THIS TIME, IS 90% SOLD OUT ON THE SINGLE FAMILY SECTION I WOULD SUGGEST THAT THE DRAINAGE SWALES BE CONSTRUCTED AND SODDED AT THE TIME OF C.O. ON EACH HOME AND THAT THE STORM DRAIN SYSTEM BE CLEANED AND LAMPED AGAIN UPON FINAL COMPLETION OF THE SINGLE FAMILY SECTION... I WOULD SUGGEST THAT RIP-RAP ENDW ALLS BE INSTALLED ON THE LAKE OUTFALL PIPES... VERY TRULY YOURS /7 () Jj/ !.'-v:~ JO LT ENGINEERING '-( / ., /I/f't( ~ \\ ~3~\\ ~ %y~-~ \\\\' ,\::\.\ \J ~ \ \OoS \~.. ..j '.. ,\'1,)) ~ ~ \ \~.. \ ,\ 1".\\ \ \. 'j \ i \ \~,-"_. \ \\\\~ /~ J ..' \ ..........--:'".-;;~ .,,' '.\ " . .:: _",....r. ~. 1/,.:".". ... :.., ~~~ 1'\".;" '\,:~~ .~;/ c;~,,'~~"'o$- ."" LAW OFFICES Uen nis IJ. I\f)ehle.--~ f).A. Congress Business Center 1280 North Congress Avenue, Suite 213 West Palm Beach, Florida 33409 Telephone: (407) 684-2844 (C(QJ~'V Facsimile: (407) 684-9370 April 3, 1995 Florida Department of state DIVISION OF CORPORATIONS P.O. BOX 6327 Tallahassee, Florida 32314 RE: New filing - Articles of Incorporation of CEDAR RIDGE ESTATES PROPERTY OWNERS' ASSOCIATION, INC. Dear Division of Corporations: I'm pleased to supply you with the attached new filing of the referenced Articles of Incorporation. Included with these Articles is my client's personal check in the amount of $122.50. We understand that this fee covers (1) the filing fee for the Articles, (2) the designation of the corporation's registered agent and (3) a certified copy of the Articles. I further understand that your offices will be supplying me with the requested documents within the next 7-10 days. I thank you in advance for your cooperation in this matter. DPK/nz encls. pc w/encls: Mr. Joseph F. Basile, Jr., President CEDAR RIDGE ESTATES PROPERTY OWNERS' ASSOCIATION, INC. COMMUI'" ASPHAIl COIP. I<1IJJ'j r I W IIl6 SI ~.AII1J.AI. n 'wn fj (3(15) 87.>0710 FAX (.1n~) An 11M PAlM Bff>Ol (IIU7) 7',ll)(.lf)7 fAX (11(17) r,\') Irt73 AsrHAtT ff;',. _l[ ~ IC TI()I J MHltl'; /'; rl[(.' In r.; A<;HIAlT ',^,/IUG , I !f.r M'F Tr,f 1\IMrHT GC LV: t Y.l I.:r; (:011"75 March 20, 1995 Mr. Joe Basil Cedar Ridge Development Corp. 3200 High Ridge Road Boynton Beach, Florida 33426 RE: PAVING @ CEDAR RIDGE Dear Mr. Basil: As per our earlier discussion Community Asphalt Corp. is pleased to provide pricing for the above referenced project. We propose to supply materials, labor, and equipment as follows: Sweep clean, apply tack and install asphalt (S-III) by the ton; Approxi mately 352 Tons @ $41 . 80/T on $14,713.60 This is a unit price quotation Final payment to be determined by measurement of actual work in place. Please feel free to call me at 790-6467 with any questions you may have. Sincerely, COMMUNITY ASPHALT CORP. /-/4/ Brian Beetle Estimator West Palm Beach BBlml bb-179 LAW OFFICES Uennis ~. I\()ehle.--~ ~.A. (C(Q)[PV Congress Business Center 1280 North Congress Avenue. Suite 213 West Palm Beach, Florida 33409 Telephone: (407) 684-2844 Facsimile: (407) 684-9370 February 16, 1995 Mr. John Wildner, Parks Superintendent Boynton Beach Recreation & Park Department 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33426-0310 BY FAX RE: Cedar Ridge PUD - Recreation and Parks fee for single family portion of development Dear John: The purpose of this letter is to confirm the pro rata recreation and parks impact fee that the Cedar Ridge Development Corporation (or its individual lot purchasers) must pay at the time that applications for building permits are filed with the City for the 34 platted single family lots located within the Cedar Ridge PUD. As we have previously determined, the recreation dedication requirement for 34 single family homes, calculated at .018 acres/d.u, is 0.612 acres. Both the City Commission and the Planning & Development Board have approved the PUD's land value at $30,380.67 per acre. Although my client does qualify for 50% credi t against this fee for having agreed to provide private recreation facilities within the PUD, we are prepared to pay 100% of the required recreation and parks impact fee for each single family unit at the time that the respective building permits are applied for. Multiplying the land value ($30,380.67 per acre) by the recreation dedication requirement for the 34 single family homes (0.612 acres) produces a total required impact fee of $18,592.97. $18,592.97 divided by 34 single family lots equals a pro rata share or fee of $546.85 per residential lot. As you also know, both the City Commission and Planning & Development Board required that - "if application for building permits for each single family home has not been made wi thin 18 months of Planning & Development Board approval of the Master Plan Modification, the balance of the value of .612 acres of land shall be paid in cash." Since the Planning & Developmen. t Board UrlCl~imO\.iS1:Y'PP. :-oved the PUD I S Master Plan Modification on February 14.;---f-9-Q..5, 1S 18 month period will officially ene/on August 14, 1996. ..J, -...........,.... ~ "'. Since I believe that the remaining recreation and parks impact fee issues - 50% "cash credit" for the single family- detached portion of the project; impact fee calculations for the 110 townhouse units; and the letter of credit for 110% of the required townhouse fee - were already addressed in my letter to you of January 30, 1995, I will not restate them here. My client fully understands the impact fee payment scenario, and plans to faithfully implement the City's decisions. Please call me if you have any comments or questions about any of the matters addressed in this letter. Because I make no claim to be a finance or statistics expert, please carefully review my calculations! Koehler, Esquire DPK/nz pc: Ms. Tambri Heyden, Planning & zoning Director Mr. William Hukill, AlA, City Engineer Mr. Joseph F. Basile, Jr. ~" ,-, ~'" r=-' : ; D) r lL. ~.~L <.i'~""~""_". lJU \ 1- h; L I ) l PUV~T~iNG AND ZONING DEPT. ~-,.o.",,,,",,,,,,~ ! y . , ~ i j [)ennis (). I\()ehle.- ~ () .A. LAW OFFICES Uennis (). I\()ehle'-!t ().A. ffi J Congress Business Center 1280 North Congress Avenue, Suite 213 West Palm Beach, Florida 33409 Telephone: (407) 684-2844 Facsimile: (407) 684-9370 BY FAX January 30, 1995 MEMORANDUM TO: Department PROM: Denni~ P. Ko~hler, ES~Jir~ SUBJECT: Cedar Ridge PUD - Special site plan review meeting I wanted to take a moment to say how much I enj oyed and appreciated last week's outstanding workshop meeting with you, Mike Haag, Charley Frederick and John Wildner as we literally worked together to revise the Cedar Ridge PUD master site development plan. I as I was telling my wife on the way to my softball game in Jupiter that night - we won, by the way - it was actually fun, all of us sitting around the table together, working to find a compromise that serves the best interests of both parties. I believe that my client's proposal was substantially improved by the changes we agreed to make. Although much work remains to be done, I'm confident that the same cooperative approach will ultimately produce a superior development product that will be a feather in everyone's cap. DPK/nz pc: Mr. Joseph F. Basile, Jr. Mr. Robert A. Bentz \D) 1 W. @ W. Th ~ W. ~I l& .1M 3 \ \995 i\!U PLANNING AND IONING OEPl LAW OFFICES ()ennis 1='. I\()ehle.--~ 1='.4.. Congress Business Center 1280 North Congress Avenue, Suite 213 West Palm Beach, Florida 33409 Telephone: (407) 684-2844 HAND-DELIVERED Facsimile: (407) 684-9370 January 19, 1995 Mr. Michael Haag zoning & Site Development Administrator Boynton Beach Planning & zoning Department CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 RE: Cedar Ridge PUD - Revised application to modify ~prev 0 sly approved Master Site Development Plan .e:,.. Dear : As requested, the CEDAR RIDGE DEVELOPMENT CORPORATION, INC. is pleased to submit its revised Master Site Development Plan for the Cedar Ridge PUD. As a result of these revisions, the total of number of single family attached dwelling units has been further reduced, to 110 such units. [Our initial application showed 114 "multifamily dwelling units" in that portion of the Cedar Ridge PUD] . Enclosed with this letter is the revised Master Site Development Plan, prepared by LAND DESIGN SOUTH, which includes as an overlay the revised conceptual en~ineering plan drawn by Mr. JOHN E. HOLT, P. E.; a detailed Ian scape plan for the PUD' s entrance roadway, also prepared by LAND DESIGN SOUTH; and a tree survey, prepared by AMERICAN LAND SURVEY, INC. As previously discussed with you and the members of the City's Technical Review Committee, these revised submittals are being supplied to the City in advance of next Tuesday morning's TRC meeting. My client, Mr. Joseph F. Basile, Jr., I and other members of our development team will be present on that date to answer questions about the revised plan. Esquire DPK/nz encls. pc w/o encls: Mr. Joseph F. Basile, Jr. Mr. Robert A. Bentz, principal, LAND DESIGN SOUTH Mr. John E. Holt, P.E. Ms. Maria Palombo, P.E. Mr. James Vanderwoude LAW OFFICES ()ennis J>. l\C)ehler!t Fat;sil)lile: (407) 684-9370 OctoDer 10, 1995 BY FAX Mr. Michael E. Haag Planning & Zoning Administrator Boynton Beach City Hall 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 RE: Cedar Ridge Estates' Declaration of Covenants and Restrictic'ns, By-I.aws and Articles of Incorporation - C ile MPMD 94-009 This letter is written in response to yours, same subject (October 2, 1995), in which you offered final comments generated from the City staff's review of the corrected documents that I supplied to you earlier this year. The following response with enclosures (corrected/amended pages O~l~) corresponds to each of the numbered items contained in your Oc 0 er 2 letter: 1. Reduced co ies of Exhibits A lat of record and D [surve~. As you no e, e u size Ex i i "A" may e omi e, since is refers to the existing plat of record for the Project. Please note that the plat title, plat book and page number are legible on the reduced copy of the record plat that will appear as Exhibit A. The reduced survey for the project will appear as Exhibit D, as requested. 2. Amendment to Declaration, Section 6.32. I have corrected the language as requested. 3. Amendment to Declaration, Section 6.33. I have amended the language as requested. 4. Section 10.5. The original version of this section, which required the Association to enter into a maintenance agreement with the City, has been deleted in its entirety, as you requested. My client does plan to take the City's advice and replat the project; the streets and courts will be changed to private, and the 11 lots now controlled by the Lake worth Christian School will be omitted in the replat, just as you have requested. 5 and 6. New definitions, plat references. As requested, I have expanded certain existing definitions in Article 1 of the Declaration and added new ones to (using your words) "link the titles identified on the plat to the document." As you correctly pointed out, the new Declaration must "match the obligations that are identified on the [existing] plat." Finally, live incorporated City Engineer Bill Hukill's suggested change to paragraph 6.17, Architectural Control, by referring to the official title of the City's zoning regulations. Since my client must record this revised Declaration in the Public Records of Palm Beach County ASAP, live already had him and the Association I s Secretary execute the signature page of the document. We must record the Declaration prior to the first closings on the Cedar Ridge Estates real estate transactions, scheduled to occur later this month. In closing, I want to thank you personally, Mike, for your outstanding professionalism and attention to detail in this matter. There is no doubt that these property owners I association documents are better because of your thorough review. Esquire DPK/nz encl. pc w/encls: Mr. Joseph F. Basile, Jr., President CEDAR RIDGE ESTATES PROPERTY OWNERS I ASSOCIATION, INC. [)ennis tJ. I\()ehle.-~ tJ.A. LAN D . Land Planning D E S I G N Landscape Architecture Environmental Consultation SOU T H 407-478-8501 . FAX407-478-5012' Congress Business Center' 1200 N. Congress Avenue' Suite 215' West Palm Beach. Rorida 33400 CEDAR RIDGE VEGETATION ANALYSIS Introduction A predominantly vegetated parcel of approximately 38.31 areas located in Range 43, Township 45, Section 9, Palm Beach County, Florida was surveyed for the identification and mapping of existing plant communities on January 18,1995. The general location of the subject property is approximately two miles south of of the intersection of Hypoluxo Road and High Ridge Road. The site configuration, as mentioned previously, is approximately 38.3 1 acres with an average length of 1409 feet and an average depth of 1155 feet. The site is bordered to the west by residential development on High Ridge Road, to the north by Lake Worth Christian High School and a single-family residence, to the east by the SEC Railroad and Interstate 95, and to the south by vacant land known as High Ridge Commerce Park. Methodology A comprehensive vegetation assessment was conducted on the parcel which consisted of a visual analysis while walking the site. Photographic panoramas were taken of the site. Each panorama is keyed to Palm Beach County Property Appraiser aerial at 200' scale. Habitat Description Past land use, including agriculture, off road vehicular use, illegal dumping, land clearing, and site improvements has greatly impacted the vegetation on the site. Along the west property line exists a portion of the site that has a large stand of undisturbed Sand Pine Scrub habitat which includes Sand Pine (Pinus clausa), Scrub Oak (Quercus spp.), Myrtle Oak (Quercus myrtifolia), Saw Palmetto (Serenoa repens), Rosemary (Ceratiola spp.), Prickly Pear Cactus (Opuntia spp.), and many herbaceous plant materials. The northern quarter of the site is heavily infested with Australian Pine (Casurina equisetifolia) and what appears to be an old Mango orchard. Due to excavation of a lake, the eastern portion of the site is bare, save for scattered Australian Pines, Saw Palmetto, Slash Pines (Pinus elliottii) and a large Oak (Quercus virginiana). To the south and central areas of the site the dominant plant is Australian Pine. The entire site overlays St. Lucie Sand, a nearly level to sloping soil that is indicative of dune-like coastal ridges. Conclusion Normal development procedures are expected for the site. A new landscape program will be established for the site. No further environmental analysis of the property is recommended at this time. letters/cedarveg.ana File 432.1 LAN D . Land Planning D E S I G N Landscape Architecture Environmental Consultation SOU T H 407-478-8501 . FAX 407-478-50 12. Congress Business Center' 1280 N. Congress Avenue' Suite 215' West Pam Beach. Rorida 33<U);l CEDAR RIDGE VEGETA TION RELOCATION PLAN When further development of the site commences, every effort will be made to protect existing vegetation from construction traffic. Whenever building footprints or other improvements conflict with vegetation, the vegetation will be relocated if feasible, depending on size, condition and accessibility. letters/cedauel File 432.1 LAW OFFICES Uennls (). I\()ehlef""!t ().A. Congress Business Center 1280 North Congress Avenue, Suite 213 West Palm Beach, Florida 33409 Telephone: (407) 684-2844 HAND-DELIVERED Facsimile: (407) 684-9370 December 27, 1994 Ms. Tambri Heyden Planning & zoning Director CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 RE: Cedar Ridge PUD - Application to modify previously approved Master Site Development Plan Dear Tambri: I am pleased to provide you and the City of Boynton Beach with this application to modify the previously-approved Master Site Development Plan for the residential portion of the project known as the Cedar Ridge Planned Unit Development (PUD). This application is submitted in twelve (12) complete copies, and includes a check for the required filing fee amount of FIVE HUNDRED DOLLARS ($500.00). I. APPLICANT INFORMATION. The names of the individuals or entities that are involved in this application are listed below: (1) Applicant: CEDAR RIDGE DEVELOPMENT CORPORATION, INC. 1222 Sandpiper Lane Lantana, Florida 33462 Telephone: (407)582-6929 FAX: (407)582-2315 (2) Agent: DENNIS P. KOEHLER, P.A. 1280 North Congress Avenue, Suite 213 West Palm Beach, Florida 33409 Telephone: (407)684-2844 FAX: (407)684-9370 (3) Property owner: CONDOR INVESTMENT OF PALM BEACH COUNTY, INC. 430 North "G" Street Lake Worth, Florida 33460 Telephone: (407)588-6500 FAX: (407)585-5574 (4) Land planner/landscape architect: Mr. Robert A. Bentz, Principal LAND DESIGN SOUTH 1280 North Congress Avenue, Suite 215 West Palm Beach, Florida 33409 Telephone: (407)478-8501 FAX: (407)478-5012 (5) Project Engineer: Mr. John D. Holt, P.E. 925 Azure Avenue West Palm Beach, Florida 33414 Telephone: (407)793-7843 (6) Traffic engineer: Ms. Maria T. Palombo, P.E., President MTP Group, Inc. 1509 Redpine Trail West Palm Beach, Florida 33414 Telephone: (407)795-0678 FAX: (407)795-0230 II. PROJECT HISTORY. The 66-acre "Point Manalapan properties" were annexed into the City, planned and zoned by the Boynton Beach City Council on October 6, 1982. City Ordinance No. 82-32 amended the City's Comprehensive plan to designate the subject 38. 73-acre residential PUD properties "Low-density Residential." Ordinance No. 82-34 zoned the subject tract as a PUD, with a Land Use Intensity (LUI) rating of 5.00. On April 19, 1983 the Boynton Beach City Council approved a preliminary plat for the single family residential portion of the PUD, i.e., Cedar Ridge Estates. This plat provided 45 single family residential lots over the northernmost portion or Parcel A of the PUD properties. On February 15, 1985 the City Council approved a final site plan for the multi-family portion of the Cedar Ridge PUD. This site plan authorized construction of 152 . multi-family units. Although the successor developer to point Manalapan Properties, i.e., the Boynton Development Corporation, secured all required pre-development approvals from the City, posted almost $1 *The original trtiFflc l."act analysls/X'epartJd for the .HlgJ Ridge RoaI1 PUO. by K..S. Rogers. P.E. on october 21. 1981 was for a /ToJ<<;t thtlt InclllJ8d 45 single fully and 128 IIJJtlfully IUIlts. Co#Ipare the sltB plan 8P/TCNtJd by the City Cooncllln 1985, which InclllJ8d 152 IIJJtlfully units. The City's ZDIIlng filM carry 110 rtNl88d trtiFflc 8tt.r:l1fJ8 SUfJfX)rtlng the hl(/ter IXJIIbtJr of IIJJtlfully units. AI a r68U/t. /TojtJCt. trtiFflc englfl86f' llar/a PaJOIIbo's trtiFflc statellBflt (attached) COII/J8TfJ8 the recb:;8d l.-;ts of the current /TOf)08aJ - 114 IIJJtlfully IUIlts - with the IlJIIber of IIJJtlfully IUIlts (128) InclllJ8d In the last dtNBIO{JEfJt ordBr for which a trtiFflc l.-:t analysis was /TBpartJd. ()ennls (). l\()ehle....!I () .A. million in perfo~ance bonds for required improvements (including one for the required recreation and parks fee), obtained a surface water management pe~it (SFWMD Pe~it No. 50-01081-S, approved on June 9, 1983) and later installed water and sewer lines to service the entire project and constructed the roadways for the single family portion of the plat, that developer ultimately abandoned the project. After insolvency proceedings, ownership passed to the Resolution Trust Corporation (RTC). For at least 10 years, this project has stood vacant, awaiting purchase and development. On January 12, 1993, the current property owner - CONDOR INVESTMENT OF PALM BEACH COUNTY, INC. - acquired both the Cedar Ridge Planned Industrial Development and the Cedar Ridge PUD by Quit-Claim. Deed from the RTC. On September 28, 1994, Condor Investment entered into a contract to sell the residential portion of the Cedar Ridge PUD to Mr. Joseph F. Basile, Jr., Managing Director of the CEDAR RIDGE DEVELOPMENT CORPORATION. [The property owner's notarized "Affidavit of Ownership and Authorization" (December 15, 1994), with legal description and Quit-Claim Deed, are attached as enclosures to this letter.] Under the te~s of its contract with the property owner, the Cedar Ridge Development Corporation agreed to delete eleven (11) of the PUD's single family lots (Lots 35-45) from the previously- approved plat and master plan, to allow their acquisition and development by the Lake worth Christian School, the PUD's immediate neighbor to the north. These eleven (11) lots will be developed for recreation purposes (ballfields , tennis courts, etc.), under separate applications for development approval to be submitted by the School. III. COMPARISON OF PROPOSAL WITH PREVIOUS MASTER PLAN. The applicant proposes to reduce the total number of approved dwelling units for the Cedar Ridge PUD, from 197 units (152 multifamily and 45 single family units) to 148 units (114 multifamily townhouse units, 34 single family units). This is a reduction of 24.8 or 25% in project intensity. The deletion of Lots 35-45 reduces the-Qevelopable land area of this project to approximately 27.0 acres. The overall decrease in project density is from 7.3 du/a to 5.5 du/a. As with the previously-approved site plan for the multifamily portion of the PUD, this modification application proposes to provide a minimum of five (5) recreational amenities on site. This qualifies the PUD for a 50% credit or reduction in the required recreation and parks dedication fee. IV. SUPPORTING DOCUMENTS AND SUBMITTALS. On December 2, 1994, the City's Planning & Zoning Director advised that two (2) sections of the Boynton Beach zoning Code describe the documents and submittals necessary to accompany this application for Master Site Development Plan Modification. These are Section 10.A.3 ("Site Development Plan") and Section 4.C ("Master Plan"). The contributions of the three (3) professional Uennis (). I\()ehle....!l () .4.. consul tants who have assisted the Applicant in preparing this submittal are attached. V. SUMMARY OF REQUEST. The Applicant respectfully requests that the City of Boynton Beach approve this application to modify the previously-approved Master Site Development Plan for the Cedar Ridge PUD. City staff has been advised of the Applicant's strong desire to begin construction of the 34 remaining platted, single family lots in the Cedar Ridge PUD as soon as possible. The Applicant has met several times with the City's Director of Planning & zoning, and has discussed its modification plans extensively with City Engineer/Building Official William V. Hukill. The Applicant is prepared to accept all reasonable conditions of final master site plan approval, and looks forward with great anticipation to obtaining City approvals of this application. submitted, Esquire DPK/nz encl. pc: Mr. James Vanderwoude, Vice President CONDOR INVESTMENT OF PALM BEACH COUNTY, INC. Mr. Joseph F. Basile, Director CEDAR RIDGE DEVELOPMENT CORPORATION Mr. Robert A. Bentz, Principal LAND DESIGN SOUTH Mr. John D. Holt, P.E. Mr. Ted Sanders, P.E., LAWSON, NOBLE & Associates, Inc. Ms. Maria T. Palombo, P.E., MTP GROUP, INC. [)ennis (). I\()ehle.- ~ () .A. ~ I. MTP Group, Inc. 1509 Red Pine Trail West Palm Beach, FL 33414 Phone: (407) 795-0678 Telefax: (407) 795-0230 December 26, 1994 ! J :":~'."'"r~~7'--':'-~-:-~--~ . \! r~'\ 1 :: 1 (( ~ ' ; 11; 1,.:_ , ',( \ ' .,/; '\ ' 28 Dennis P. Koehler, P.A.~jzglq1 Congress Business Cent~1 1280 North Congress Avenue, Suite 213 West Palm Beach, Florida 33409 . .\ Re: Cedar Ridge PUD Dear Mr. Koehler: Cedar Ridge PUD is a proposed mix-use development to be located east of High Ridge Road approximately in the middle between NW 22nd Avenue and Hypoluxo Road, in the City of Boynton Beach, Florida. Access to the site is to be provided through High Ridge Road. The project has been approved for 45 single-family dwelling units, 128 multi-family dwelling units, and 25 acres of industrial development. A new site plan for the project has been proposed which modifies the residential portion of the development. The purpose of this letter is to compare the traffic impact between the approved and proposed development. The proposed site plan reduces the number of residential dwelling units both single-family and multi- family. A copy of the proposed site plan prepared by Land Design South includes 34 single-family dwelling units and 114 multi-family dwelling units. The Traffic Impact Analysis prepared by K.S. Rogers dated October 1981, determines traffic impact of the approved development. The trip generation rates used in the K.S. Rogers analysis are used in this letter for purposes of comparison. The attached Table shows the daily trip generation potential of the approved and the proposed developments. As shown in the Table, the approved development has the potential of generating 2,832 external daily trips, while the proposed development has the potential of generating 2,603 external daily trips. Therefore, the proposed development reduces the potential trip generation by 229 external daily trips. Please, do not hesitate to give me a call if you have any questions about the content of this letter or need any additional information. 00 rn@rn~wrn oo! .. ", 31995 PLANNING AND ~tj ZONING DEPT. Maria T. 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'Beadi, %nitfa. 33425-0310 City:Jfai!: (4fJ7) 375-6OOQ 1';tX: (4fJ7) 375-6090 November 16, 1994 Mr. Dennis P. Koehler, Esquire 1280 North Congress Avenue, suite 213 West Palm Beach, Florida 33409 RE: Cedar Ridge Estates - construction commencement of single- family lots Dear Mr. Koehler: As communicated to your office by phone on November 10th, it was necessary for me to coordinate a response from the City's development department (building and engineering divisions), utilities department, legal department and the planning and zoning department regarding your inquiry as to what must be done prior to applying for building permits for the single-family lots within the Cedar Ridge Estates PUD. The following response is provided: 1. Payment of the recreation and parks fee in the amount required for all units currently established within the pun or furnish a bond in the amount of 110% of the fee referenced, which shall become a lien upon the PUD property and shall be paid upon issuance of the first certificate of occupancy. 2. Completion and acceptance of all improvements (streets, swales, utilities, street lighting, drainage structures, common area landscaping and irrigation) required within the PUD. In exchange, the City will waive the street lighting fee which is equal to 125% of the value of the street lights ($1,200.00 each). with regard to utilities, certify the existing water and sewer systems, prior to turning over-to the City. 3. At time of City acceptance of any required improvement, a warranty bond for a one year guarantee period, shall be delivered to the City in accordance with Article XII, Section 1 of the City's subdivision and platting regulations. J{merkas gateway to tlie (julfttream "c.,,-,~. - . - I '-I-~'"IKI.il ~'IIllIr.l;f"".,~. .,...........\M,.~, "t<"l'",~:, ~: "1}4t+,~,~,,,:;:, TO: Mr. Dennis Koehler -2- November 16, 1994 .~: As previously discussed with you and Mr. Joseph Basile, Jr., the property owner, the desire to delete from the PUD, the land area encompassed by single-family lots 35 - 45 and switching the mUlti-family portion of the PUD to a different unit type (may require fu.J.. i.;.L.'~r .;:.::..;;l...;.tting, rather than site rJ;:In f'I'OoT.'oval. dependent on the type of unit proposed), requires replatting, a PUD master plan modification and rezoning of the deleted lot area land for incorporation into the Lake Worth Christian School property to the north (additional approvals will be required for construction of the school's expansion). In exchange for compliance with items 1 - 3 above,. the City is willing to allow building permits to be applied for:0~rior to filing applications. for the aforementioned procedures. Please contact me if you have questions or concerns pertaining to this matter. Sincerely, 'i<' ~:2i'4~ Planning & Zoning Director tjh xc: Peter Mazzella, Assistant to the utilities Director William Hukilll Development Director;.(~,!;,,,;~;); James Cherof, City Attorney Carrie Parker, City Manager C:Koehler \'r,"', j d I ' I', . IJj-( 1.I'f LAW OFFICES [)ennis (). I\f)ehler~ ().A. Congress Business Center 1280 North Congress Avenue, Suite 213 West Palm Beach, Florida 33409 Telephone: (407) 684-2844 Facsimile: (407) 684-9370 February 10, 1994 Ms. Tambri Heyden Planning & zoning Director CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 RE: Cedar Ridge PUD Dear Tambri: I hope that you enjoyed this past 'ruesday evening's public hearing appearance before the Boynton Beach City Commission on this matter as much as I did! I want to thank you for standing up and speaking out in favor of the compromises that we reached during our lengthy negotiations over the proposed master site development plan modifications. After a rough start, punctuated by some highly critical comments by individual commissioners, we were able to turn the Ci ty Commission completely around. [Whether their early criticism was a purely political salvo, fired across the developer's bow simply to get his attention or not is beside the point.] I appreciated the way you hung in there despite the criticism, and how you stayed on top of things as the question-and-answer session developed. The bottom line for me, of course, is that my client is very happy with the results. I look forward to continuing our work together on this project as we move this PUD through the City's development review process. Dennis P. Koehler, Esquire DPK/nz pc: Mr. Joseph F. Basile, Jr. \D)m~IU\\'lm~ lill FEB I 3 1995 lIlJ :ip ,(). PLANNING AND ZONING DEPT.