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LEGAL APPROVAL . C~ (j-. ~JkJ0 f;xJ r:d tpc~O . j ~ ~ ~\ co-tZS Oct- .000 08:S2a. 00-383037 OhD 12058 Pg 1 646 1..11111111..1111. nllllllllllllll. EASEMENT THIS INDENTURE made this ~ day of ~ugu,,j- , 2000, by CONDOR INVESTMENTS OF PALM BEACH COUNTY, INC., a corporation existing under the laws of FLORIDA, and having its principal place of business at 430 NORTH G. STREET, LAKE WORTH, FL 33460, first party, to the City of Boynton Beach, a political subdivision of the State of Florida, second party: (Wherever used herein, the terms, "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors of assigns of corporations, wherever the context so admits or requires.) Whereas, the first party is the owner of property situate in Palm Beach County, Florida, and described as follows: PCN 08434509240000010 to 1100 08 43 45 09 24 001 0000 08 43 45 09 24 002 0000 08 43 45 09 24 004 0000 Legal Description: See attached Exhibit "A" And, WHEREAS, the second party desires an easement for water utilities and/or other appropriate purposes incidental thereto, on, over and across said property, and, WHEREAS, the first party is willing to grant such an easement, NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar and other good and valuable considerations, the first party does hereby grant unto the party of the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement on, over and acro~: !~-e ~~~\!e ~e~cr!~e~ ~!'Op9rt}' for.said ~!..!!'~o~e~ -' o () -1 f'-' - -:; ._; ---,-<' ~- -'-...\. } -, . -.~< - .. '..--,.., :~r-~ c:::> C? > r,_~. ; "0 LEGAL DESCRIPTION ORB 1 2058 Pg 1 648 A DESCRIPTION OF A UTILITY EASEMENT BEING 15 FEET IN WIDTH AND LYING WITHIN A PORTION OF THE PLAT OF CEDAR RIDGE ESTATES. A P.U.D., AS RECORDED IN PLAT BOOK 80. PAGES 28 THROUGH 32. PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA: SAID EASEMENT 8EING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PLAT OF CEDAR RIDGE ESTATES: THENCE SOUTH 88041'51" WEST ALONG THE SOUTH LINE OF SAID PLAT. A DISTANCE OF 572.78 FEET: THENCE NORTH 01018'09" WEST DEPARTING SAID PLAT LINE, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING: THENCE SOUTH 88041'51" WEST ALONG THE NORTH LINE OF A PLATTED 20 FOOT ACCESS, UTILITY. DRAINAGE AND SIDEWALK EASEMENT, A DISTANCE OF 15.00 FEET: THENCE NORTH 01018'09" WEST. A DISTANCE OF 6.47 FEET: THENCE NORTH 06011'51" EAST. A DISTANCE OF 28.16 FEET TO A POINT ALONG THE SOUTHERL Y LINE OF AN EXISTING 10 FOOT UTILITY EASEMENT, SAID POINT BEING ON THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A CENTRAL ANGLE OF 08013'18". A RADIUS OF 115.00 FEET. AND WHOSE CHORD BEARS NORTH 71040'17" EAST; THENCE NORTHEASTERL Y ALONG THE ARC OF SAID CURVE AND SAID SOUTHERL Y EASEMENT LINE. A DISTANCE OF 16.50 FEET: THENCE SOUTH 06011'51" WEST, A DISTANCE OF 34.02 FEET: THENCE SOUTH 01018'09" EAST, A DISTANCE OF 5.49 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. SURVEYOR1S NOTES I. NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED BY THIS OFFICE TO DETERMINE ADDITIONAL EASEMENTS, RESTRICTIONS AND/OR RESERVATIONS OF RECORD. 2. BEARINGS AS SHOWN HEREON ARE BASED UPON THE SOUTH LINE OF THE PLAT OF CEDAR RIDGE ESTATES. A P.U.D., (PLAT BOOK 80. PAGES 28 THROUGH 32). HAVING A PLATTED BEARING OF SOUTH 88041'51" WEST. ALL OTHER BEARINGS ARE RELA TIVE THERETO. P.O.B. P.O.C. U.E. P.B. R/W D.E. DENOTES POINT OF BEGINNING DENOTES POINT OF COMMENCEMENT DENOTES UTILITY EASEMENT DENOTES PLA T BOOK DENOTES RIGHT-OF-WAY DENOTES DRAINAGE EASEMENT UNLESS THIS DOCUMENT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A LICENSED SURVEYOR AND, MAPPER" ~Mfp O.f3AWING, SKETCH PLAT OR MAP IS FOR !NtOR~AflQ~(\L .~<URP~SES ONLY AND IS NOT VALID. .'< . f.:'. . . '.> . 8/22/2000.; -. :,;":~ :..("~ so. DATE. ::.' .... .., '.... . ~ '_. "I" CRAIG S. P\J5EV. .-:-, c-< > : PROFESSI~At. 'SOR-V~YO'J;l AN[)" FLORIOA CE~TiEICA-tt NO: 5.0t9 . . ..' . , . , . ~ ' '.iff LEGEND Landmar1< Surveying & MappIng Inc. 1850 FOREST HILL BOULEVARD, SUITE 100 WEST PALM BEACH, FL 33406 PHONE: (561) 433-5405 LB 14396 rlELD: NI A DRAWN: TRASK SCAlE: N.T.S. SKETCH OF PROPOSED ISI UTILITY EASEMENT CEDAR RIDGE ESTATES A P.U.D. BOOK: PAGE: N/A N/A DATE: AUG. 2000 PRO.I. ALE 2405 CHECKED: PUSEY CAOOrI.E 2405EASE SHEET NO. I OF 2 JOB NO. 98.. L .. 2405 CITY OF BOYNTON BEACH DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION PROJECT NAME: Cedar Ridoe TRACT/SUBDIVISION: PROJECT ADDRESS: PERSON RETRIEVING COMMENTS AND/OR PLANS: Signature Print Name DATE PICKED UP: I Plans - Comments DESCRIPTION: Site plan for 110 sinale familv townhouses REVIEWER'S NAME: I Il'!r::l PERMIT NO: 97-4573 DATE: 9/30/97 RECEIVED: 9/25/97 STARTED REVIEW: 9/30/97 RETURNED: 9/25/97 REVIEW (place asterisk): * 2 3 4 REVISION APPROVED: No ZONING DISTRICT: (place asterisk) COMMERCIAL/RESIDENTIAL * /INDUSTRIAL MMSP I SPVW I PERMIT* I FILE NO.: I FEE: The permit number identified above is the referenced number for your proposed improvement(s). Prior to further processing on your request, the documents that you submitted illustrating the improvement(s) shall be amended to show compliance with the below listed comment(s). To discuss the comment(s) it is re~ommended that an appointment be set-up with the reviewer identified in the upper right hand corner, (561) 375-6260 between 8 A.M. and 5 P.M., Monday thru Friday. Please reference the project name and permit number when corresponding with City's Staff. After amending the plan(s) to show compliance with the comment(s), return both sets of plans for re-review to the Building Department. Please note that additional comments may be generated as a result of reviewing the amended plans. All comments shall be rectified prior to staff review approving the documents. 1. Prior to Planing and Zoning sign off for permit all P&Z comments in Development Order must be addressed. (see enclosed) 2. Indicate type of mulch other than cypress. * Departments required to review the project: all TRC members REV: 10/01/97 \\CH\MAIN\SHRDA TA\PLANNING\SHARED\WP\PROJECTS\PERMITS\PERMIT\97.4573.DOC Page 1 of 1 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA dC!.:- ~c r ~, p~ D ~ @ rn n w li,~\ , ill ~ ,rr'(" ' ~ tl ~ fit7t~rm;;?a~f--=-_J \ APPLICANT: CEDAR RIDGE ESTATES PUD APPLICANTS AGENT: Paramount Enaineerina Group. Inc.. aaent for Condor Investment the propertv owner DATE OF HEARING BEFORE CITY COMMISSION: June 18. 1996 TYPE OF RELIEF SOUGHT: Reauestina site plan approval to construct 110 sinale-family townhouses and a private recreation facility on 18.88 acres within the Cedar Ridae Estates PUD. LOCATION OF PROPERTY: Southeast comer of Hiah Ridae Road and Cedar Ridae Road (Parcel C and Parcel D of the Cedar Ridae Estates PUD) DRAWING(S): SEE EXHIBIT '6-" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant LHAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "~" with the notation "Included". 4. The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. Other:?' NONe DATED: June 18. 1996 ~~;;;A'/9K~/.~/ _ C:devord.1Im rev. 1 12419ll CecI.rRidge. PUD-6I1719fS I .,\ \ 'I --~ -- .-- ....,' .....:.,.... . - - - -- --.;::.- -' --:::-...-- . , . .. t -~ --- 1. a . '" l~ ~~\ 1\\t~ ;lie " ~t ~ " ~ ~\. ~ "'~ ~ . Q,~. ... ~~:; C.~lo f, . ,.: . c. . ~~~ ';I'" ~~ Q, 1.~ y\ --- \ll.~ 'It., \~U \ ~ "'t. .. ;'11~~ ~""c. .'i" __ ~ t... \,; \ . l ~ ~ . ~ ':: \ -- \. ~ . ----- 'f. . ~ Ie , :nH;;I \'~tnC':i!l i ..- 8 \\\\\\\ \ ~\\!\t\ i; ." ,!~! lfl li\\ \, \" \~ . !\\Hi'\i~i\" ....~ \ ; 1 t\ '+=t\'\\~ l'\i\~lih~ \ nh Q ; -\I'\\m.\ ;e\"\ u .!\~ ~~ g ", \', 1111, '\1\ '\'1\ \\ . .. ii'" ~\\\~.\-ll:\ \,~:: \! '\ '," ," ~ \\i\\ ~\\ ~ \; lli i ~l\~" '\ i~~i\: ~~.;~ ~\\ ~ · ,':: ',: iv, ." : \ ~'it '" . t~::.;; ~~~ ~ \ ~ !. iu li~j~ ' ; \ ~: \~~~ 1 ~",' ~ l e ~.. t ~ :.~~__--- - -- r~u ~\, t~.- --\- . ~\ \~!:Jt --- -- --- - ---- -------~- ------- ..------- ------ - II - . "J? ...2. ... EXHIBIT "C" Conditions of Approval Project name: Cedar Ridge Townhomes - Cedar Ridge Estates PUD File number: NWSP 96-002 Reference:The plans consist of 34 sheets identified as 2nd Review. New Site Plan. File # NWSP 96-002 with a May 10. 1996 Planning and Zoning De~artment date stam~ marking . I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS Comments: NONE UTILITIES: Comments: 1- City water will not be supplied for x irrigation. Please clearly show water source for irrigation, (City Compo Plan, Policy 3C.3.4). 2. Only Palm trees will be permitted x. within utility easements, (Sec.26. 33(a)}. 3. Sanitary sewer, as shown, does not x connect to the existing sewer system. 4. Show existing and proposed utility x easements (Sec.26.33(a}). 5. Palm Beach Health Department permits x will be required for water and sanitary sewer (Sec.26.12). 6. A Capacity Reservation Fee of x $15,246.00 is due within thirty (30) days of Commission approval or upon request for Director of Utilities signature on HRS/DEP forms (Sec.20-34 (E)). FIRE Comments: NONE POLICE Comments: NONE ENGINEERING Comments: 7. All plans submitted for specific x permits shall meet the City's code requirements at time of application. These permits include, but are not limited to the following; site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from agencies such as the FDOT, PBC, SFWMD and any other permitting agency shall be included with your permit request. 8 . Revise documents to reflect all x comments. 9 . Project shall have underground x facilities to residential units. Chap.2.5,Sec.9E,pg.2.5-7 10. Provide relationship of development to x proposed LUI rating. Chan.2.5.Sec.10A3,pq.2.5-8 Page 2 New Site Plan Cedar Ridge Townhomes - Cedar Ridge Estates PUD NWSP 96-002 I DEPARTMENTS I INCLUDE I REJECT I I!. Provide a statement that all utilities x are available and will be provided by appropriate agencies. Chap.3,Art.IV, Sec.3R, pg.3-5 12. Provide a master stormwater management x plan. Chap.3,Art.IV,Sec.3T,pg.3-6 13. Plat review and approval required. x Chap.5,Art.II,Sec.1,pg.5-1 14. Establish deed restrictions providing x for a property owners' association to pay for the operation of a street light system within the development. Chap.6,Art.III,Sec.14,pg.6-4 and Chap.5,Art.V,Sec.2A4,pq.5-9 15. Sidewalks are required on both sides x of all local and collector street. Chap.6,Art.III,Sec.11A,pg.6-3 16. Provide certification by developer's x engineer that drainage plan complies with all City codes & standards. Chap.6,Art.IV,Sec.5A,pg.6-7 and Chap.23,Art.IIF, pg.23-8 17. Parking lot section must conform to x City code including, but not limited to, parking spaces for each townhome. Chap.6,Art.IV,Sec.10F,pg.6-12 18. Minimum street right-of-way width for x a local street with 2 mountable curbs is 50 feet; with swales minimum right- of-way width is 60' . Chap.6,Art.IV, Sec.10C,pg.6-11 19. Need SFWMD & LWDD acceptance prior to x Engineering Division approval. Chap.6, Art.VII, Sec.4B,pg.6-24 20. Photometries must be approved for both x pedestrian and parking lot lighting before building permit can be issued. Chap.23,Art.II,A1a,pq.23-6 2I. Provide a satisfactory lighting plan. x Chap.23,Art.IIA,pg.23-6 22. Parking lot dimensions, striping, x aisles, stalls, radii, signs, landscaping, etc. must conform with City codes and standards. Chap.23,Art. II,pg.23-6 23. Landscaped areas in parking lots must x be protected by wheel stops or curbs. Chap.23,Art.IIE,pq.23-7 24. It is recommended to locate the. x meeting hall as close as possible to related parking facility and east of proposed pool. 25. It is recommended to extend pedestrian x walkways for lefthand entrances out to point accessible to driver. Page 3 New Site Plan Cedar Ridge Townhomes - Cedar Ridge Estates PUD NWSP 96-002 DEPARTMENTS INCLUDE REJECT 26. It is recommended that if Forest Road x (now a public road) becomes a private road, a consent from Cedar Ridge PUD to the north, including maintenance responsibilities, shall be granted. 27. It is recommended that for a safe x pedestrian circulation and access to recreation area, consider a sidewalk or jogging path at the following locations: a) . Behind building's 3 & 4 b) . North-south path between building 9,10,11 & 12,13,14 c) . East-west paths between buildings 9 & 10 & 10 &11 28. It is recommended that the two car x garage parking spaces should be 20' wide. BUILDING DIVISION Comments: 29. All signs and entry walls or fences x must be shown on the site plan in compliance with the code. 30. Parking at the clubhouse or recreation x building shall comply with Chapter 2, Section 22, E (12) of the Land Development Regulations. 31- The Building Division reviewed the x plans for site review issues only. Building review and comments will be handled at the time of permit application submittal. PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: 32. It is recommended that the x preservation area site be moved from south of the entrance road (Cedar Ridge Road) to the southwest corner of the property. This should be indicated on the engineering and landscape drawinqs submitted. 33. If the preservation area site is x moved, then remove all improvements and utility easements from the newly located preservation area. The preserve area shall also have a management plan for before, during and after construction. PLANNING AND ZONING Comments: Page 4 New Site Plan Cedar Ridge Townhomes - Cedar Ridge Estates PUD NWSP 96-002 DEPARTMENTS INCLUDE 34. Submission of a rectified master plan x showing compliance with the conditions of approval for the project will be required prior to applying for a permit or replatting; whichever comes first. The rectified master plan shall be submitted in triplicate to the Planning and Zoning Department. 35. One of the conditions of the master x plan approval is to submit a plat to the Development Department of the area to be developed. This plat shall vacate any existing streets within the PUD that are desired for private ownership. 36. The submitted boundary survey does not x meet the requirements of Land Development Regulations, Chapter 4 - Site Plan, Section 7.A. The survey shall include, but not be limited to, all easements that exist on the site. The submitted survey contains a surveyor note that the property was not researched for the easements and other restrictions. Provide a current survey (within 6 months) showing all easements and other restrictions. The survey that includes locations of existing trees on the site, Sheet 25 of 34, is dated January 19, 1995, which does not meet city requirements. 37. To comply with the Land Development x Regulations, Chapter 4 - Site Plan, Section 7.E, provide percentage distributions for the site data. Also break up the category, "paved areas", into vehicular use area (parking and driveways) and other paved areas (sidewalks, etc). 38. On the site plan, sheet 2 of 34, draw x in all setbacks as shown on the approved master plan. 39. Indicate on the site plan the method x of trash pick-up. 40. If colored elevations of the proposed x structures as required by Land Development Regulations, Chapter 4 - Site Plan, Section D, are not submitted to the Planning and Zoning Department prior to the Planning and Development Board meeting, it is recommended that the elevations go back before the Commission, at a future site plan approval. 41. On the site plan, Sheet 2 of 34, x include the 27 foot dimension required for the back-up space of the parking spaces servina the recreational area. REJECT Page 5 New Site Plan Cedar Ridge Townhomes - Cedar Ridge Estates PUD NWSP 96-002 I DEPARTMENTS I INCLUDE I REJECT I 42. Amend the homeowners' association x document to include a provision regarding unobstructed access to the "T" turn-around at the western portion of the development. Indicate a method to ensure enforcement of constant access to the liT" turn-around. Provide amended homeowners' association document for staff review. 43. Provide parking calculations for the x recreational facilities and include information regarding: a) square footage of the water area of the swimming pool and b) number of dwelling units located within a five hundred to eight hundred foot radius. Include the calculation on the site plan. 44. A drainage permit issued by South x Florida Drainage Management District designates Veronica Lake as a dry- retention area. Amend drawings to comply with the district requirements. If the retention is to be entirely wet, provide an alternate location for the required dry retention, and verify approval from the South Florida Water Management District. 45. Provide for review an agreement x between the developer and the Lake Worth Christian School regarding the use by the school of the retention area located within the PUD. Provide a statement by the registered engineer that the drainage capacity is sufficient to include the school area, the PUD and the PID areas. 46. Provide for review an agreement x between the developer and the Lake Worth Christian School regarding access by the school through the Cedar Ridge Estates development. 47. Eliminate discrepancies between the x Landscape Plan, Sheet 26 of 34, and the site plan, sheet 2 of 34. Major differences appear to exist specifically in the common/recreation areas. 48. On the landscape plan, Sheet 26 of 34, x draw in all utility easements. Remove all trees from these easements or provide an authorization from the owner of the easement to allow olantina in these areas. Page 6 New Site Plan Cedar Ridge Townhomes - Cedar Ridge Estates PUD NWSP 96-002 DEPARTMENTS INCLUDE RE.JI$(,;'l' 49. City's Land Development Regulations, x Chapter 7.5 - Landscape Code, Article II, Section 5.C sets forth minimum standards for planting materials, such as physical characteristics of the trees and shrubs, height, spread, and spacing. Amend the landscape tabulations and include these characteristics in the planting material specification for every item that is proposed. 50. For all sub-area drawings provide a x key map to allow identification Qf these sub-areas in relation to the entire site. Include same on the landscape plan, Sheet 26 of 34. 51. On the landscape plan, Sheet 26 of 34, x amend the planting material tabular summary to include a "landscape material required by the code" category. Also, provide relevant calculations for this category. Indicate with an identifiable symbol all native species. 52. It is recommended that there be x different color schemes for the unit clusters. On the site plan, Sheet 2 of 34, delineate housing clusters that would have the same color designation, and incorporated this into the working drawings required for permits for the project. ADDITIONAL CONDITIONS 1. Delete Comment 24. x 2. Delete Comment 27. x 3. Reword Comment 28 to require 20 foot x wide driveways and 18' wide interior garage dimensions for parking located inside the qaraqe. OTHER COMMENTS: NONE TJH/dim a:ComDept.CED MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 B. PROJECT: Quantum Park PID Applicant requests continuance to July 2, 1996 AGENT: James J. Willard OWNER: QL::mtum Associates LOCATION: 'N8st side of the intersection of Gateway Boulevard and High Ridge Road DESCRIPTION: USE APPROVAL: Request to amend the list of permitted uses for the Quantum Corporate Park PIO to allow used car sales on industrially designated lots within the PIO Consensus There was a consensus of tre Commission to continue this case to the July 2, 1996 meeting. J C. DESCRIPTION: Cedar Ridge Townhomes - Cedar Ridge Estates PUD Paramont Engineering Group, Inc. Condor Investments Southeast corner of High Ridge Road and Cedar Ridge Road (Parcel C and Parcel 0 of the Cedar Ridge Estates PUD) SITE PLAN: Request for site plan approval to construct 110 single family townhouses and a private recreation facility on 18.88 acres within the Cedar Ridge Estates PUD PROJECT: AGENT: OWNER: LOCATION: Dennis Koehler. Attornev. Joseph Basile. President of Cedar Ridge Development Corporation. and Craig Livingston. Landscape Architect. were present to represent this project. Attorney Koehler advised trat the multi-family portion of the Cedar Ridge PUD was the focus of the changes that took place 16 months ago. Originally, the plan was approved by the Commission in the early 1980s for 155 condo units. On February 7, 1995, the City Commission accepted the proposal to reduce the number of units to 110 and dramatically change them from small condos to town homes of 3,000 square feet. The Planning and Development Board voted 6-1 to approve the site plan for the townhome project subject to conditions. Mr. Koehler advised that there are very few differences in the project the Commission reviewed in concept showing the layout of the 18 multi-family buildings. Mr. Hallahan requested that the nature preserve be relocated from the original location to the far southwest corner next to the similar preserve for the PID. Condition #18 (Engineering) is the only outstanding comment at this time. It requires the minimum right-ot-way width for local streets to be 50' (60' with swales). At platting, these 20 - -----~----- .'_._~----- MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 roads will become private. That will eliminate the public maintenance responsibilities. If the developer is required to comply with the right-of-way width requirements, he will encounter major problems. From the very beginning, the project design has been for 18 buildings, 110 units, 25' setbacks from those buildings to the road right-of-way, and 22' of pavement. The developer urged the Commission to approve the construction of the streets as proposed 16 months ago. To strictly comply with the Code would result in a devastating impact. The units are of an exceptionally large size, and the sales price will range between $120,000 and $140,000. If the applicant is not granted relief, he will have to redesign the entire project. Mr. Koehler explained that the Commission could approve the roadway right-of-way at 40' as proposed in the design, or consider a reduction in the required building setbacks from 25' to 20'. He explained that the purpose of the PUD Ordinance is to promote and develop flexibility. The Commission can respect the Code in this case by being flexibe. This is a project that was pulled out of foreclosure. The applicant is now looking at one item which must be resolved. Ms. Heyden advised that staff has made a change in Exhibit "C" by adding the recommendations of the Planning and Development Board. The applicant confirmed that he agrees with the three comments made by the Planning and Development Board. City Manager Parker recommended that the City Commission either concur with the Planning and Development Board recommendations or deny them when a motion is made. Ms. Heyden advised that this project was an approved master plan in 1983. It was vested and then went bankrupt. It was taken over by Mr. Basile. He came in with a master plan modification which showed the lesser width of the streets. The staff comments did not indicate the streets had to be widened. The applicant moved forward and prepared the site plans on that basis. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS PROJECT. Vice Mayor Jaskiewicz confirmed with Ms. Heyden her agreement to delete Comments #24 and #27. Motion Commissioner Titcomb moved to approve the request for Cedar Ridge Townhomes, request for site plan approval to construct 110 single-family townhouses and a private recreation facility on 18.88 acres within the Cedar Ridge Estates PUD, subject to all staff 21 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 comments except rejecting Comment #18 to allow for 40' right-of.way, including all other staff comments and including the Planning and Development Board conditions. Vice Mayor Jaskiewicz seconded the motion which carried unanimously. D. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Knuth Road PCD Kieran Kilday, Kilday and Associates Bill Winchester, The Winchester Family PartnerShip, Ltd. Southwest comer of Boynton Beach Boulevard and Knuth Road intersection MAJOR SITE PLAN MODIFICATION: Request for PCD sign program approval Kieran Kildav. Kildav and Associates. advised tha~ this application is strictly for signage. The conditions, as amended by the Planning and Development Board, are acceptable to the applicant. He reminded 'he Commissioners that the applicant made one modification at the Planning and Development Board meeting which was agre'ed to by everyone. Ms. Heyden had no comments to offer. Motion Vice Mayor Jaskiewicz moved to approve the request for PCD sign program approval for the Knuth Road, Winchester Family Partnership, Ltd., southwest comer of Boynton Beach Boulevard and Knuth Road intersection, including all staff comments and Planning and Development Board conditions. Commissioner Tillman seconded the motion which carried unanimously. E. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Casual Male. Big and Tall at Oakwood Square Joseph P. Braga J. Baker, Inc. . Southeast comer of Old Boynton Road and Congress Avenue Request for an administrative appeal to allow color changes for the exterior wall and canopy of the southern-most outbuilding at Oakwood Square Chuck Foltz, contractor for the project, advised that Mr. Braga was unable to be present this evening. He advised that the existing building is dark pink with a green awning. The applicant proposes a yellow canopy with a gray building. These are the corporate colors of Casual Male. Staff recommended retaining the green awning and repainting the building with a softer pink. Because thiS is a men's shop, the applicant would like to eliminate the pink building. Mr. Foltz said the applicant is open to anything the Commission would like done. 22 MEEnNG MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 Mr. Aguila said that if the request is to change Area 1.q., he will not support it. If the request is site specific, he may not be prepared to vote for it, but he is also not sure he would vote against it. His preference would be to delay a decision for 30 days to try to learn more about what Delray has proposed for the north end of their City. He is concerned that if the board hastily agrees to allow this parcel to change, we may find it hard to stop others in the area. Chairman Dube questioned how the applicant could expand his business without opening up this can of worms. Ms. Heyden said it is possible to do an overlay of this area where only certain C-4 uses would be allowed. Mrs. Frazier questioned whether or not this petition could be tabled until the next meeting. Ms. Heyden advised that this board does not have the ability to table items unless it is at the applicant's request. Mr. Borthwick requested that this item be tabled for 30 days so that the board will have an opportunity to review this further. B. SITE PLANS New Site Plan 1. Project: Agent: Owner: Location: Cedar Ridge Townhomes . Cedar Ridge Estates PUD Paramount Engineering Group, Inc. Condor Investments Southeast corner of High Ridge Road and Cedar Ridge Road (Parcel C and Parcel D of the Cedar Ridge Estates PUD) Request for site plan approval to construct 110 single. family townhouses and a private recreation facility on 18.88 acres within the Cedar Ridge Estates PUD. Description: Jerzy Lewicki, Assistant Planner, provided a brief presentation. JoseDh Basile. 5 Oaklev Court. reDresentlna Condor Investments and Cedar Ridae Estates. approached the podium. Mr. Aguila pointed out that in reviewing the back-up information, it is obvious that there are four extremely dangerous intersections if stop signs are not put in place. Mr. Aguila explained the following: · If you enter Birch Street from the north and pass Building 15, you will get to a three- way intersection. A stop sign is necessary on Elm and Birch at that intersection. 13 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 . At the south where you leave the pool area, a stop sign should be installed before you get onto Birch Street. . There should be a stop sign at the end of Birch so that you can turn right or left, and there should be a stop sign coming from the east on Spruce. . There should be a stop sign coming from the north on Forest, and coming from the east on Spruce. Mr. Basile agreed with these recommendations. Mr. Rosenstock pointed out to the applicant that there are 52 staff comments which must be addressed. Since it was his understanding that the applicant had these comments for two weeks, he questioned how the applicant could expect the board to vote on this application when there are so many outstanding comments. Mr, Basile advised that he received these comments yesterday at approximately 10:00 a.m. Mr. Lewicki said the first submittal was submitted without landscape plans for the area. The first round comments note that additional comments may be generated in the second submittal. If staff does not have the full submittal for the first round review, the number of comments increase because the second round comments are, in fact, first round comments for the areas that were not covered. Mr. Rosenstock questioned why staff does not demand a complete submittal before acting on the application. Mr. Lewicki said the applicant submitted a portion of the landscape plan, but it did not cover landscaping for the entire area. Mr. Basile advised that the landscape plan was submitted for the entire area on the second submittal when he was told by staff exactly what they wanted. Mr. Rosenstock said he cannot vote on something "by guess or by gosh". He likes to vote on a firm application so that he knows what he is approving or disapproving. At this point, he does not know how these comments will be worked out with Engineering or Planning. Chairman Dube questioned whether or not the applicant had an opportunity to review the 52 comments. Mr. Basile responded that everything has been addressed, and he has questions on some of the comments. 14 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 Mr. Basile advised that some of the landscape comments that were generated do not exist today due to the fact that after the industrial site put in the preserve area, he was required to move the road and utilities to accommodate that. The landscape plan could not be completed quickly enough for the submittal. The landscape plan was just received today. Pete Karekos. Paramount Enaineerina GrouD. Boca Raton. advised that it would be necessary to generally go through each comment. Items 1,2,3,4, & 5 are in the process of being submitted to each agency. Items 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 are all items that have been addressed and are on the plans. Item 18 will be ironed out with Engineering. This is a 50' right of way width of the local street. Items 19,20,21,22, and 23 are items that have been addressed and are on the plans that are in the process of being submitted. Item 24 is open for discussion. There are pros and cons to this recommendation to switch the pool and meeting hall. The applicant will try to abide to make everyone happy. . Item 25 will be worked out with Engineering. Item 26 is in the process of being completed. Item 27 will be worked out with Planning because of the safety issues. Item 28 - The applicant has provided parking calculations to show that there is ample parking. The applicant will discuss this item with Planning. Mr. Rosenstock questioned the width of the garage. Mr. Basile advised that the interior of the garage is 18', He can provide 20' in the driveway, but not inside the garage. Mr. Aguila asked staff whether the 20' requirement is for inside or outside the garage. Ms. Heyden remarked that she believes it would be inside. She also pointed out that she did not receive these comments until this meeting, and did not have an opportunity to review them. Mr. Aguila explained that 18' inside is enough room. 15 Items 50 and 51 will be addressed. 16