REVIEW COMMENTS
'l'RAcKiNG J"'G - Sill'E PLAN REV ~EW SUBMl..'J"l'AL
PROJEC'l' 'l'rl'LE: --E...B I M uJ ~
DESCRIPTIO~ ..8]1ab Ae..t
'l'YPE: NEW SITE PLAN MAJOR
DATE REC'D: J-~-t:tt AMOUNT:~/~O-
FILE NO.: c.c,uS ",- Oc
SITE PLAN MODIFICATION
RECEIPT NO.: Oe.S-'1
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
TWELVE (12) SETS SUBMITTED:
COLORED ELEVATIONS RECID:
(Plans shall be pre-assembled. The Planning & Zoning Dept. will number each
sheet of their set. The planning Dept. set will be used to check the
remaining sets to ensure the number and type of sheets match.)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
APPLICATION & SUBMITTAL:
DATE:
~ - ~:Cfr
--DENIED
NlA
DATE:
DATE OF LET'rER TO APPLICANT IDENTIFYING SUBMISSION DEFICIENCIES: ~
2nd SUBMIT'l'AL
ACCEPTED
DENIED
DATE:
DATE:
DATE OF SUBMITTAL ACCEPTANCE LETTER:
REVIEWER'S NAME:
~-1-CJf
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
(Label TRC Departments on each set of plans)
DATE AND MEMO NUMBER OF MEMO SENT TO TRC TO PERFORM INITIAL REVIEW.
DATE SENT: ~-.,.- 91 RETURN DATE: ~-/6- 91
1st REVIEW COMMENTS RECEIVED
MEMO NUMBER: 9 'I ~/ ::<6
PLANS MEMO # I DATE I "C"
util. IV/> 9'1-/6-'1 I~~ I ~
* P.W. Ale 41-/34 l.s- I~
Parks ~es tyl.-e'Ml I f.J 7 I N"
Fire Nt;) 'i~ ...l.30 I 8' I NO
Police 1\)0 1 i 57'l( I~
It fw' NO 9 <1-;:> { ~/.t1 C-
TYPE OF VARIANCE(S)
PLANS
MEMO # I DATE I "C"
9-1-111/ ,1}:: / <'~
q4-J 4 4' I~~)
/ I-
ff y-/jy / ,~7.M1 I p_
PlanhinfT
Building N ()
Engineer ~tV U
Engineer
Forester Nil
DATE OF MEETING:
DATE OF LETTER SENT TO APPLICANT IDENTIFYING TRC REVIEW COMMENTS:
(Aesthetic Review App., dates of board mtgs. & checklist sent out wI comments
NINETY DAY CALENDAR DATE WHEN APPLICATION BECOMES NULL AND VOID:
DATE 12 COMPLETE SETS OF AMENDED PLANS SUBMITTED FOR 2nd REVIEW:
(Must be assembled. Reviewer shall accept amended plans & support documents)
COLORED ELEVATIONS REC I D:
MEMO SENT TO TRC TO.~ERFORM 2nd REVI~~.
DA'l'E SENT: 7 - /'1 - 9.'L MEMO #: 9 r...-.:t. 33
RETURN DATE:
7'~O- 0/
2nd REVIEW RECOMMENDATION/DENIAL
util.
P.W.
Parks
Fire
Police
PLANS MEI;10, # I DATE I"R/D" MEMO # I DATE InR/))1I
~ m'.~(f 12:e.u1 a I I
~ - / ~/ C. 9'1- 11ft i -1 "/7-~Y / t!--
1E- .,;u- / 7-..tc'tyfl Aif./ 9Y'2~7 / 7-~'~V I c-
, 9'l11J'? / 7-)./-'7'1 / NlJ ' / / _.
d 1-, Y-111 / 1-/'(''1,/ / #0 Forester Yes 9Y-~"-i' / 7--:U.c;y / pJ
. ' ~ A'~...cc:l.. ~..t/'9~ -~'-7Y-~
LETTER TO APPLICANT REGARDING TRC APPROVAL/DENIAL AND L~D DEVELOPMENT SIGNS
PLACED AT THE PROPERTY DATE SENT/SIGNS INSTALLED:
SCHEDULE OF BOARD MEETINGS: PAD
CC/CRA
DATE APPROVAL LETTER SENT:
A:TRACKING.SP
/'.
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P;+l-~ w IrL~~
-~ fv10DERN
EVALUATION OF CONFORMANCE WITH THE COMMUNITY DESIGN PLAN
* IDENTIFIES THE STANDARDS LISTED IN THE COMMUNITY DESIGN PLAN
THAT ARE SHOWN ON THE PLANS FOR THE PROJECT
-
.
ENVIRONMENtAL REOULATION
App. II
APPENDIX II. BOYNTON BEACH COMMUNJTY DESIGN
PLAN S7~DABDS
. Atl applicable prqJect. shall comply wUh the design 8tandards
8S follows:
__tal Nelv prq/tce,. New project. Ihall comply with the site plan
review procell contained In Ohapter 19. Plan. lubmltted
fOf revfew shoJI show and Identify a mfnlmum of one (lJ
type of I1n..h roaOn, matt_did Ill'" an. It) tor". or w.lerlor
\vall Onl.h matedala-om the appropriate Iltehltecluralll:yle
list. Alternately. the applicant may lubmlt to the commu-
nity appearance board, material. that are hannonloul with
the required architectural slyle for roof and exterior wall
covering l11a~erla1. SubmlUed plana ahall also Incorpornte
at least fifty (60) per cent of the architectural features and/or
treatmenls identified on the appropriate architectural style
list Inlo the design of the building, or show architectural
features Dnd/or treatments that are harmonious with the
.equlred architectural style.
(h, Modification, '0 ex''''n, prq/ect.. All other prqJeeta which
tnust comply with the community design pla'1 shall show
Dnd identify on the plane submitted for review a anlnlmum
of Ime fl) type of "nllh rooOn8 material and one (t) type of
extenor wall finish materia) from the approprlat~ archi-
tectural style list Of present to the communJLy appearance
board, materials that are harmonious with the required
architectural style for roof and exterior willi covering ma-
terial. Submitted plans shall alao Incorporate at least
twenty-five (26) per cent of the architectural reatures and/or
treatmenls IdenUDed on the appropriate architectur81style
list Into the deeign of the building, Qr' show architectural
features and/or treatments that are Ilarmonloul with the
required architectural .t;yle. ..
(e) ..4rchUeclura' amen'",.. All prqfecte lul1Ject t~ compUanee
with the c:ommunll;y deal.... plan may Cbdbl~ an architec-
tural amenity from the ItPfraprl.te lItohUealurtd 1i11.lId
01' pre.ent emenltl.. tha are harmonious with the re-
quired archlteclural8tyle and Incorporate tile amenity Into
tbe alte mId receive credit 88 a required architectural rea-
ture and/or treatment.
Supp.No.48 835
R 0 br:-
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App. II
BOYNTON BBACH CODB
td) Corored ereuafforU. All proJecls 8ubJed to eompli8J1C8 with
the commuull:y dellgn plnn shall lubmlt elevation draw.
Inp of BII sides of eacb building proposed to be developed
on tbe site. Colored elevation drawlnp ",m only be re-
quired for the front elevation or IllltractUte when p)J Ildes
of a buUdlng pre consl,tent In color nod lJtaterlal.. Each
colored elevAtion N..wlng ehallldentlfy the type or each
exterior Rnlsh material end .tate the color by name, hJ8IJ.
ufacturer and model or Il;yle number. A color lample Ihall
be lubotltted a9 BD example along with the color or prodnet
IdenUded on the plonl. The lample wUl be uled lOr thQ
nl1Blelle InepecUon to eneure tbat the eoned I'tQdud end
color were used for the project. For projects which require
Ilite pIon npproval, en color elevl1t1on drawings and/or 18m.
(IJesllholl be submitted to tile planning department by the
sUe plan approval deadline date.
ARCIU'rEC'fURAL THEMES
lll\fedflerrn.
I CoaslQI Village neonlSponbh 111 Modem
Itoofl:
Mel"1 fllondlnr, leam Borrel tUe Metnl
J\flllholt shingle RUle Tor Be gravel
Wood llhnlte Exposed roRete Built-up ",/deck
Formed aluminum Exposed beaml Bl1nce freme
w/ek)'llgbt
Wolls:
Ilotholltnl ~ ~od siding Stucco medium Curtalu wall
IIQrllolllal vif'oyl to heAVJ ltel1eeUve glBB.
eldlng Bricks 'I'hermo pme
Board &: b"Uen 'I'lIe OIass Block
Slant lidlu, Adobe ltane Btone yeneer
Stucco
'1'11 e
rrec"",,t waU
rlogUc h>>nlnate
Wood IlelIo,
Bupp. No. 48 836
w/
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REQUIRED
'~ k...
Ol<..
REQUIRED
INVlftONNINTh REOULAtlON App.1I
If Mtdf'errn-
I COCII'al Villase bean/Spanish III Modem
Architectural features
and/or treat.menta
Wall necessorles:
.ShuUers I ron decorative A1ulnlnwa ~
LoUlce work grills worlt '2
Decorative moldings Wood decorative Bteel ",m work REQUIRED
Balcony grille Acc:ent tU.
Accent tUe Detot8Uve 0\ c:..
Balcony moldlnSI
Arches
Bell tower
Shutters
Windows: 2-
MulU.pane glBSS Multl.pone glasl S\landrel glus
w)nd,w Fixed gins! Fixed Rl0811 REQUIRED
Fixed gloss Stained 81881 Ilenectlve 11811 "" \~ ~ ,IV '="
Beveled glase
Extra features! J
Decorntlve benches OecoraUve Rxterlor REQUIRED
Exterior lamps Jomps lighting 6k.
Related omBhlentll IrOQ Ita teB
Multl.panel
door8
Carved doors
Amenities:
Front polio Interior court Exterior view
lteBr Ilotlo Fountolns elev"tor
Woocl deck Covered walk- Bulldlngl OF THESE
Trelllse. way. crossway AMENITIES MAY
Oalebo Sculpture BE SUBSTITUTED
Picket ience Fountain FOR THE ABOVE
REQUIRED
ARCHITECTURAL
DQm'nant exterior FEATURES,
co'ot.~ AND/OR
BeIge Pl111t No domln8ll' TREATMENTS.
role yellow White eolor
Egg BI1I.1\ l\ed to oTange
Blue to gray tone Earth tones
(Ord. No. 90-88. 9-18-90)
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MAINTENANCE OF LEVEL OF SERVICE STANDARDS (CONCURRENCY)
t-l1
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The applicant proposes to construct a 48-bed adult living facility
on property platted as Christian Villas Plat 2, which was
originally platted for 23, single-family attached units. In
accordance with the City's Concurrency Ordinance, this undeveloped
portion is exempt from concurrency review with the condition that
the remaining development must not generate demands on services
which exceed the demands anticipated when platted. In general,
since this ACLF is equivalent to approximately 20 dwelling units,
the service demands from this proposal would be less than those
which would have been generated by the original 23, single-family
units.
In accordance with the City's Concurrency Ordinance, this property
meets the criteria for being fully exempt from any concurrency
review, as long as the projected demands on services do not exceed
those which were associated with the development order on which
concurrency exemption was originally based.
MAINTENANCE OF LEVEL OF SERVICE STANDARDS (CONCURRENCY)
~.(~ The subject property has no concurrency exemption status.
flU Therefore, concurrency review is required to verify that this
ft~\ project will not cause any pertinent level of service standards to
fIh. ~ be exceeded. Since this proposed project contains only commercial
\l \ ~ uses, the concurrency review must evaluate the impact upon traffic
~ ~),.Iv and drainage levels of service.
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ENGINEERING DEPARTMENT MEMORANDUM NO. 94-209 (2nd Amendment)
TO:
Tambri J. Heyden
Planning & Zoning Director
_.' iam ~ukill, P.E.
Englneer
J
FROM:
DATE:
July 28, 1994
PALMWALK/BOYNTON BELVEDERE, PLANNING FILE COUS 94-003
RE:
Attached please find Mr. Finizio' s review comment on subject
amended site plan relating to a $24, 000:t fee in lieu of land
dedication which he seemed to feel was due the City. A more
thorough review revealed a memo dated October 3, 1988, authorized
by then City Attorney Raymond Rea stating that the City could not
collect the fees, and asking that then City Manager Cheney write a
letter to that effect to the appropriate party.
You will notice that reference lines are not the same on all memos.
That is because the project was identified at various time by
various names, including Christian Villas Plat II, Cedarwood Villas
Plat II and most recently Palmwalk/Boynton Belvedere.
The bottom line is that the fees seem not to be collectable.
WVH:ck
C: PALMWALK. 2AM
xc: Carrie Parker, City Manager
James Cherof, City Attorney
attachments: Vincent Finizio review comments/Memo No. 94-205
Raymond Rea 10/3/88 Memo
AU(; - '~XM
m
PlANNING AND
ZONING DEPT.
ENGINEERING DEPARTMENT MEMORANDUM RO. 94-205 (Amended)
TO:
William Hukill, P.E.
City Engineer
FROM:
vincent A. Finizio
Deputy City Engineer
July 19, 1994
DATE:
RE:
palmwalk - Boynton Belvedere
Planning Department File Ro. COUS 94-003
(aka Christian villas Plat '2)
I am in receipt of the above referenced plans and herein offer the
following review comment:
1. Along the east property line of Christian villas Plat #2 there
exists a public rights-of-way identified as Tract A. The
abandonment of Tract A as well as other unnecessary easements
depicted on the plat, should be effectuated by the submission
of a formal application for abandonment by the applicant or
other legal procedures as may be deemed reasonable by the City
Attorney.
V~ncent A.
VAF/ck
c: PARKWALK. COM
MEMORANDUM
----------
October 3, 1988
TO:
FROM:
Peter L. Cheney, City Manager
Raymond A. Rea, City Attorney
RE:
Cedarwood Villas Plat II
(a/k/a Christian Villas Plat II)
Attached for your information is a copy of a letter dated
September 27, 1988, from Peter L. Breton, regarding the payment
of recreational fees for the above referenced project. After
reviewing Mr. Breton's letter I am of the opinion that his legal
interpretation is totally accurate and that this Ci ty cannot
collect the fees from Barnett Bank or its contract purchaser.
Therefore, I would request that a letter to that effect be
transmitted to Mr. Breton under your signature at your earliest
convenience. ~~ ~ ,
Raymond A. Rea
City Attorney
RAR/ r
Ene.
-~ - ---_.._._~-".._._----_.~_.._._.,---"~---- - ~.._----_._-_._-----_.
-
- --~I
.....-...-....,"'-'-- ~
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-209 (Amended)
TO:
Tambri J. Heyden
Planning & Zoning Director
~~t~_~ ~uki11, P.E.
~Eng1.neer
July 20, 1994
PALMWALK/BOYNTON BELVEDERE, PLANNING FILE COUS 94-003
FROM:
DATE:
RE:
Attached please find Mr. Finizio' s review comment on subject
amended site plan. with respect to the $24,000t fee in lieu of
land dedication, the City Attorney's Office provided documentation
that the subject fee was waived by the then City Attorney Raymond
Rea (see attached Raymond Rea Memo dated October 3, 1994).
WVH/ck
C:PALMWALK.TRC
xc: Carrie Parker, City Manager
James Cherof, City Attorney
attachments: Engineering Memo No. 94-205
Raymond Rea Memo dated 10/3/88
rn
"1 A.I ? I~}!'~
moo
m
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PLANNING AND
ZONING DEPT.
\
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-205 (Amended)
TO:
william Hukill, P.E.
City Engineer
FROM:
vincent A. Finizio
Deputy City Engineer
DATE:
July 19, 1994
RE:
palmwalk - Boynton Belvedere
Planning Department File No. COUS 94-003
(aka Christian Villas Plat '2)
I am in receipt of the above referenced plans and herein offer the
following review comment:
1. Along the east property line of Christian Villas Plat #2 there
exists a public rights-of-way identified as Tract A. The
abandonment of Tract A as well as other unnecessary easements
depicted on the plat, should be effectuated by the submission
of a formal application for abandonment by the applicant or
other legal procedures as may be deemed reasonable by the City
Attorney.
~
Vlncent A. Flnizio
VAF/ck
C: PARKWALK. COM
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,
MEMORAN~UM
October 3, 1988
FROM:
Peter L. Cheney, City Manager
Raymond A. Rea, City Attorney
Cedarwood Villas Plat II
(a/k/a Christian Villas Plat II)
TO:
RE:
Attached for your information is a copy of a letter dated
September 27, 1988, from Peter L. Breton, regarding the payment
of recreational fees for the above referenced project. After
reviewing Mr. Breton's letter I am of the opinion that his legal
interpretation is totally accurate and that this City cannot
collect the fees from Barnett Bank or its contraot:. purchaser.
'rherefore, I would request:. that a letter to that effect be
transmitted to Mr. Breton under your signature at your earliest
convenience. ~~ ~ _
Raymond A. Rea
City Attorney
RAR/ r
Ene.
~
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-209
TO:
Tambri J. Heyden
ila ning & zoning Director
'am Hukill, P.E.
. ,Engineer
July 20, 1994
PALMWALK/BOYNTON BELVEDERE, PLANNING FILE COUS 94-003
FROM:
DATE:
RE:
Attached please find Mr. Finizio' s review comments on subject
amended site plan. with respect to paragraph #1, he has informed
me that a $24,000z fee in lieu of land dedication has never been
satisfied, and that the City Commission should itself resolve
whether to waive the fee or pursue payment prior to submission of
the plan to the Planning and Development Board.
His other comments are self explanatory.
WVH/ck
C:PALMWALK.TRC
xc: Carrie Parker, City Manager
James Cherof, City Attorney
attachments: Engineering Memo dated 4/21/88
Engineering Memo No. 93-216
Engineering Memo No. 94-205
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-205
TO:
william Hukill, P.E.
City Engineer
FROM:
vincent A. Finizio
Deputy City Engineer
DATE:
July 19, 1994
RE:
palmwalk - Boynton Belvedere
Planning Department File No. COUS 94-003
(aka Christian villas Plat #2)
I am in receipt of the above referenced plans and herein offer the
following review comments:
1. According to our research, the property owners of Christian
villas Plat #2, owe the City of Boynton Beach, Florida
$24,157.94 which represents a fee in lieu of land dedication
which remains past due to date. As a condition of approval,
the aforementioned fee should be collected (see attached
Engineering Dept. Memorandum 93-216 dated July 26, 1993).
2. Along the east property line of Christian Villas Plat #2 there
exists a public rights-of-way identified as Tract A. The
abandonment of Tract A as well as other unnecessary easements
depicted on the plat, should be effectuated by the submission
of a formal application for abandonment by the applicant or
other legal procedures as may be deemed reasonable by the City
Attorney.
VAF/ck
C: PARKWALK. COM
attachments: Engineering Dept. Memorandum dated 4/21/88
Engineering Dept. Memorandum No. 93-216 dated 7/26/93
ENGINEERING DEPARTMENT MEMORANDUM NO. 93-216
TO: James Cherof, City Attorney
VIA: J. Scott Miller, City Manager
FROM: Vincent A. Finizio, Deputy City Engineer
DATE: July 26, 1993
RE: Cedarwood Villas
Departmental Request for Legal Advice
Collection of $24,157.94 Rec Fee OWed the City
Attached for your review and consideration, please find an
April 21, 1988 memo issued to the then City Manager Peter Cheney
from the then City Engineer Tom Clark regarding a recreation fee
which was never collected for Cedarwood Villas, Plat 2.
Apparently during Mr. James Vances's stint as City Attorney (see
December 14, 1981 memo from City Manager to City Attorney Vance),
the City reduced a Performance Bond from $79,502.00 to $21,000.00,
via Resolution No. 8l-KKK, on November 17, 1981 with the uncompleted
work identified as roadwork in a 30' alley along the east limits of
the property. According the the attached April 21, 1988 memo from
the then City Engineer Torn Clark to the then City Manager Peter Cheney,
the original Performance Bond included 110% of the required recreation
fee but obviously this required fee was overlooked by the City during
their reduction of the surety which now remains in the amount of
$21,000.00.
According to Mr. Clyde Worrell, the original principal, Barnett Bank
of Palm Beach County has forclosed on this parcel of land and therefore
Mr. Worrell is interested in having the City release the remaining
$21,000.00.
I respectfully request that you advise this office as to how we may
proceed to both collect the money in arrears relative to the
recreation fee in the exact amount of $24,157.94 (100% of fee) as
well as negotiate the release of Mr. Worrell's surety in the amount
of $21,000.00, including the substitution of surety by the current
owners assumed to be Barnett Bank of Palm Beach County. Any and all
help your office could render this office would be greatly appreciated.
~o.d-A~ .
Vincent A. Finizio ~
VAF/ck
cc: William C. Archdeacon, PE,PLS, City Engineer
attachments
M E M 0 RAN DUM
April 21, 1988
TO: Mr. Peter Cheney
City Manager
FROM: Torn Clark
City Engineer
RE: Cedarwood Villas, Plat II, Recreation Fee
The subject fee determined to be $24,157.94 when the subject plat
was approved was to be paid when the first C.O. was issued. Records
do not show that this fee was paid.
The original Performance Bond included 110% of the required recrea-
tion fee, ie., $26,573.73.
Said Performance Bond was reduced from $79,502.00 to $21,000.00 by
Resolution No. 8l-KKKK on November 17, 1981, with the uncompleted
work identified as roadwork in the 30 ft. alley along the east
limits of the property.
I recommend that the $24,157.94 be collected prior to issuing any
more building permits for this project. In any event, appropriate
steps should be taken to place a lien against the property if the
fee is not paid within a reasonable time.
I will attempt to identify the owner as soon as possible and request
payment.
Please advise if additional information is requested concerning this.
y;~-- tPmi
Torn Clark
TAC/ck
cc: Bud Howell, Bldg. Official
Charles Frederick, Recreation Director
Grady Swann, Finance Director
Raymond Rea, Esq., City Attorney
Carmen Annunziato, Planning Director
Betty Boroni, City Clerk
LAW OF'F'ICES
MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, ~A,
9TH F"LOOR. BARNETT CENTRE
,J
THOMAS M BEASON
BRIDGET ANN BERRY
ROBERT BRODY
GREGORY D, COOK
E, COLE F"ITZGERALD. m
JOHN F", F"LANIGAN
ANDREW F"ULTON, m
JAM ES PATRICK GARRITY
MyRA GENDEL
WINSLOW D, HAWKES. m
MARTIN V, KATZ
WILLIAM B, KING
RONALD K, KOLINS
STEVEN A, MAYANS
LISA A, MILLER
JON C, MOYLE
JODY H, OL,VER
F"RANK S, PALEN'
DAVID S, PRESSLY
PATRICK E, OUINLAN
MARK E, RAYMOND
THOMAS A, SHEEHAN, m
DONNA H, STINSON
MARTA M, SUAREZ' MURIAS
NANCY KAREN VORPE
WIL TON L, WH ITE
THOMAS L, YOSET
625 NORTH F"LAGLER ORIVE
POST OF"F"ICE BOX 3BB8
WEST PALM BEACH, FLORIDA :33402
TELEPHONE (407) 659 ,7500
TELECOPIER (407) 659,'789
. iUN 8 ~
Cl;Y .,.n......-'~ '-,I
.:"1\ Uj-;; 11:.l
TALLAHASSEE OF"F"lCE
SUITE 100, THE PERKINS HOUSE
118 NORTH GADSDEN STREET
TALLAHASSEE. F"LORIDA 32301
TELEPHONE (904) 681,3828
TELECOPIER (904) 681,8788
RECEI:t '-'j
~
.~
. AOMITTEO IN NEW YORK ONL.Y
June 6, 1989
Ms. Ann Toney
Assistant to the City Manager
City of Boynton Beach
211 South Federal Highway
P.O. Box 310
Boynton Beach, Florida 33425-0310
RE: CEDARWOOD VILLAS PLAT II
Dear Ms. Toney:
I have reviewed your letter of February 13, 1989, addressed to
Mr. Sheehan regarding the claim that Barnett Bank is responsible
for a $24,157.94 recreation fee owed to the City by the original
developer of Cedarwood Villas Plat II. I understood tnat this
matter has been resolved some time ago, and I am quite surprised
to see it resurrected.
On September 26, 1988, a meeting was held in the office of
City Manager Peter Cheney to discuss the claim. Attending were
Mr. Cheney, City Engineer Clark, James L. Kammert, Executive Vice
President of Barnett Bank, and me. The history of the claim for a
park fee was reviewed at length, including the fact that the City
had erred in 1981 by releasing the performance bond without
assuring that park dedications had been made. Thereafter, the
City neglected to pursue its claim for nearly eight years, and
subsequent property owners were never made aware of a potential
claim.
2287B
Ms. Ann Toney
Page 2
,J
It was our oplnlon that, no matter how valid the City's claim
may have been in 1981, collection of the claim is barred by
several legal principles, including expiration of a four-year
statute of limitations (Section 95.l1(3) (p) Florida Statutes).
The statute of limitations begins to run from the time the claim
for payment of the recreation fee became due, which is at the time
the first certificate of occupancy for Cedarwood Villas was issued
in 1981. The fact that the City made a claim for payment in 1988
is not material.
At the meeting of September 26, Mr. Cheney felt that he could
not resolve the legal issues involved, and asked that our firm
request a legal opinion from City Attorney Raymond Rea. Mr.
Cheney's p::>sition was that if the fee was uncollectible, and the
City Attorney so advised him, the City would drop the matter. On
September 27, I wrote the attached letter to Mr. Rea, explaining
the situation and asking for his opinion. I did not receive a
written confirmation from Mr. Rea. However, on the morning of
Octobe r 6, 1988, I sp::>ke with Mr. Rea on the telephone rega rd ing
his legal opinion. At that time, Mr. Rea agreed that collection
of the park fee was barred by the statute of limitations. He
stated that he would transmit his opinion to City Manager Cheney.
Although we are certainly willing to meet to discuss this
matter if it is necessary, I believe that the issues were resolved
in October when Mr. Rea gave his opinion that collection of the
park fee was barred. I note that neither Mr. Rea nor Mr. Clark
are indicated as receiving copies of your letter. I suggest that
you check with them to confirm their earlier conclusions before
scheduling a meeting.
Barnett Bank appreciates your commitment to maintaining the
high quality of life of the residents of Boynton Beach. The Bank
participates in that effort in many ways as a City taxpayer and as
a financing source for development and commerce. However, in this
instance, we believe that it is both illegal and fundamentally
unfair to attempt to imp::>se this claim against Barnett Bank, a
subsequent owner without knowledge of this error.
Sincerely yours,
~~ret~
PLB/bh
Enclosure
CC: Raymond Rea, Esq. (w/enc.)
2287B
MEMOR~!i~!:!M
October 3, 1988
TO:
Peter L. Cheney, City Manager
FROM:
Raymond A. Rea, City Attorney
RE:
Cedarwood Villas Plat II
(a/k/a Christian Villas Plat II)
Attached for your information is a copy of a letter dated
September 27, 1988, from Peter L. Breton, regarding the payment
of recreational fees for the above referenced project. After
reviewing Mr. Breton's letter I am of the opinion that his legal
interpretation is totally accurate and that this City cannot
collect the fees from Barnett Bank or its contract purchaser.
Therefore, I would request that a letter to that effect be
transmitted to Mr. Breton under your signature at your earliest
convenience.
~~Q-
,
Raymond A. Rea
City Attorney
RAR/r
Ene.
._ _ ______~__m_.__.___ _~_~.______.__.~_,_~"_.________~,___..
LAW OrrlCES
MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, ~A.
KA~EN LEVIN ALEXANDE~
THOMAS M, BEASON
PETE~ L, B~ETON
~OBE~T BRODY
G~EGO~Y 0 COOK
E, COLE F"ITZGE~ALD, m
-'OHN F" F"LANIGAN
AND~EW F"ULTON, m
-'AMES PAT~ICK GARRITY
MYRA GENDEL
WINSLOW 0, HAWKES. m
MARTIN V, KATZ
WILLIAM B, K'NG
RONALD K, KOL'NS
STEVEN A, "'AYANS
USA A, "'ILLER
-'ON C, MOYLE
DAVID S, PRESSLY
PATRICK E, OU'NLAN
MARK E, RAYMOND
THO"'AS A, SHEEHAN, m
DONNA H, STINSON
ROBERT WILCOX STIVELY.
"'ARTA M, SUAREZ- MUR'AS
NANCY KAREN VORPE
9T'" F"LOOR, BARNETT CENTRE
62!S NORTH F"l.AGl.ER DRIVE
POST OF"F"iCE BOX 3888
WEST PAl.)( BEACH, FLORIDA 33402
TELEPHONE (407) 659 ,7500
TELECOPIER (407) 659 ,1789
TALLAHASSEE OF"F"iCE
SUITE 100, THE PERKINS HOUSE
118 NORTH GADSDEN STREET
TALLAHASSEE. F"LORIDA 32301
TELEPHONE (904) 681' 3828
r- -r~
..-- -
.
'7~
~,__~' 28 lS88
. AOMITTEO IN TEXAS ONLY
C!j~{ ~-.'
:\...,.....,.--
September 27, 1988
HAND DELIVERY
Raymond Rea, Esquire
City Attorney
city of Boynton Beach
210 Boynton Beach Blvd.
Boynton Beach, Florida
RE: Cedarwood Villas Plat II
(a/k/a Christian Villas Plat II)
Dear Mr. Rea:
Mr. Cheney has requested that I address this summary of the
issues to your attention.
Barnett Bank is the owner of 23 lots in the Cedarwood Villas
Plat II subdivision through foreclosure of a loan to the
Roundtable Group. The Roundtable Group acquired its lots from
Christian Development Corporation, the original developer of the
project in September 1983.
Christian Development recorded the plat of the property in
August 1980. The required recreation fee was not paid at the time
of platting but was instead bonded by a surety bond. That bond
secured several of the developer's obligations, including the
recreation fee.
The City did not collect the recreation fee from the developer
upon the first conveyance of a lot as required by the subdivision
ordinance. This conveyance took place on February 10, 1981. The
City continued to issue certificates of occupancy without
5390Z
Raymond Rea, Esquire
September 27, 1988
Page 2
collecting the fee until all of the units constructed by the
original developer were sold.
At the same time, the city passed Resolution 8l-PP accepting
the improvements and releasing the original surety bond.
Subsequently, Resolution 8l-KKKK was passed amending the first
resolution by reducing the original surety bond to $21,000 to
cover "roadwork to be completed along the east limits of the
property in a 30 foot alley and costs related to defective
materials and workmanship." The balance of the surety bond was
released. No mention was made of the $24,157.94 recreation fee
secured by the surety bond. The date of the second resolution was
November 17, 1981.
The issue is whether the Ci ty can collect any part of the
recreation fee from Barnett Bank or its prospective purchaser.
The Bank's position is that the statute of limitations bars
collection of this fee.
Section 95.11(3)(p) Florida Statutes provides that actions
other than for recovery of real property shall be commenced within
four years for any action not specifically provided for in the
sta tu tes . The cause of acti on arose when the recrea t ion fee was
due and payable, but unpaid, which is upon the issuance of the
first certificate of occupancy or the transfer of title to any
parcel or unit of the land or improvements thereto.
The first unit to be conveyed was Lot 6, which was conveyed by
Warranty Deed from Christian Development Corporation of Boynton
Beach, Inc. to Wallace H. and Marion L. Pederson on February 10,
1981, recorded in Official Record Book 3461, page 1367. The
entire fee was due not later than the date of that conveyance.
The four year statute of limitations would run from that date and
expire on February 10, 1985.
Therefore the action to collect the fee is barred.
As a separate argument, the claim would also be barred by the
doctr ine of laches. The Ci ty staff was apparently aware of its
error for some time but was not taking any action to collect from
the original developer or from any of the lot owners. The City
was sitting on its rights for an excessive period of time. The
City's claim would be equitably barred.
Finally, neither Barnett Bank nor the Roundtable Group had any
reason to know of the existence of the city's claim for the
recreation fee. There was nothing to place a purchaser or lender
5390Z
Raymond Rea, Esquire
September 27, 1988
Page 3
on inquiry notice. There was no notice recorded in the public
records. The plat had been duly recorded. The surety bond gi ven
to secure the fee had been released. Numerous certif icates of
occupancy had been issued prior to the involvement of Roundtable
Group and Barnett Bank.
In conclusion, Barnett Bank needs to receive written
assurances from the City that building permits and C.O.'s will be
issued for the balance of Cedarwood Villas Plat II notwithstanding
the unpaid recreation fee and that no action to collect the fee
from Barnett Bank or its contract purchaser will be taken.
Please do not hesitate to call me if you have any questions.
Sincerely yours,
~-
. .- ~/ /~_..
'. m ~~t_//)_.
, pe<(er L. "'Breton
PLB/wp
cc: James Kammert
George Binstead
Thomas A. Sheehan, III, Esq.
Wilton L. white, Esq.
5390Z
CITY of
BOYNTON BEACH
~.
@
120 N,E. 2nd AVENUE
P,O. BOX 310
BOYNTON BEACH. FLORIDA 33435-0310
(305) 73-4.a111
Office of the City Engineer
August 19, 1988
Mr. George Binstead, V.P.
Barrett Bank of Palm Beach County
lOth Fl'Oor
625 N. Flagler Drive
West Palm Beach, Fl:33401
RECEI\TED
AUG 22 1988
CITY A TTC~:=- ': ':'f
-
----...
--
, Re: Recreation Fee for Cedarwood Villas, Plat II a.~.a. Christian
Villas, Plat II in the amount of $24,157.94
Dear Mr. Binstead:
As per our recent telephone conversation, I would like to advise
as follows.
Several months ago it was brought to my attention that the City
of Boynton Beach had not received the required Recreation Fee of
$24,157.94 that was 'due when the first Certificate of Occupancy
was issued. This fee was originally included in the Performance
Bond which has since been reduced. .
I immediately contacted Clyde Worrell, who had been the owner of
the subject project, and was advised that your bank was the
current owner.
A person from the bank called me soon after my conversation with
Mr. Worrell and was concerned about the information she received
but I did not hear further from your bank.
This letter is written to you to make known the fact that the
Recreation Fee is still due after being unpaid for several years.
I am including herewith the information concerning how the fee
was arrived at as listed below:
, I
1. Pages 2120 ,thru 2126 (Section 8, Appendix C - Subdivisions,
Platting) of the City Ordinances.
2. Memo of August 15, 1980 from City Engineer to the City
Manager.
con It. . . . .
.
To: Mr. George; Binstead, V~P.
August 19, 1988
Re: Recreation Fe~ - Cedarwood Villas
Page 12
3. The City Planner's letter of August 21, 1980 to Mr. Gregory
Seller.
4. Memo of City Engineer to City Manager, dated August 15, 1~80.
5. Planning and Zoning Board minutes of February 26, 1980.
6. Planning and Zoning Board minutes of August 12, 1980.
i
Th~ arithmetic for the fee was with 50% credit for private recrea-
tion facilities 46 X .015 x 70t~23 + 2 = $24,157.94
An additional amount may be assessed for accrued interest but a
determination concerning that has not been made.
Please advise if you have additional questions concerning this.
Very truly yours,
"--
CI~Y~ BOYNTON BEACH
~~tt
Thomas A. Clark, P.E.
City Engineer
TAC/ck
attachments
cc: Clyde Worrell w/copies of correspondence
Peter Cheney, City Manager w/copies of correspondence
Bud Howell, Building Official w/copies of correspondence
Charles Frederick, Rec. & Parks Director w/copies of corresponden
Grady Swann, Finance Director w/copies of correspondence
Raymond Rea, Esq., City Attorney w/copies of correspondence
Carmen Annunziato, Planning Director w/copies of correspondence
Betty Boroni, City Clerk w/copies of correspondence
...._-_..--------~---~---._----_._----
~ E M 0 RAN DUM
August 15, 1980
TO: I Mr. Peter L. Cheney,
City Manager
/
FROM: Tom Clark,
City Engineer
Re: Final Plat, Christian Villas Plat No. II.
A print of the subject plat is forwarded herewith.
The .Technical Review Board has reviewed the subject final plat.
The filing fee of $150 has been,_received, and a check for the
~nspection fee of $259.89.
The mylar plat is in the custody of the City Clerk.
Consideration for approval by the Council is recommended subject
to the following:
1. A bond in the amount of $25,989 for the required City
Maintained Improvements.
2. A bond for the recreation facilities which includes
a swimm-ing pool with appurtenances, in the amount of
$26,940.
3. A bond for 110% of the recreation fee (determined by
the P[anning and Zoning Board) in the amount of
$26,573.73.
-:yt~~ c{JJ-.
Tom Clark
TAC:da
Attach. 1
J p l- ~' : , ' (~
., .. -, ~ 1
/u' (1.." -"~' \
{~ . I ' f, (,)
cc: Carmen Annunziato'
Perry Cessna
Central Files
print of final plat
copy of bond for improvements
copy of bond for private recreation
copy of bond for recreation fee
improvements
--------.---"..--.--- - -' ------~--,._--'--_.--._"---~---_.~--_.._.- - -- .------..-.--
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TO
ThiJ f",m .".1I1'1. "0," c."..... lOf tnc... A S~b.tch"')" .f D.'l&phon. (.orporall.", III
A..,. 'rookl)'ll, H. Y. "J)J
I
FROM
J
Mr. Peter L. Cheney,
City Manager
Tom Clark,
City Engineer
DATE:Aug. l~-~~ '
~BJEcr:Bond for Christian Villas, Plat 2
,
Forwarded herewith is a copy of a bond document submitted this date
to cover requirements as stipulated in my memo this date regarding
requirements for approval of final plat for Christian Villas, Plat 2.
A single bond was submitted in the amount of $79,502 to equal the
total amount of the three items required to be bonded.
The bond document was obviously prepared on a'copy of our ordinance
No. 7~-22 and should be checked by the City Attorney for accepta-
bilit;.
TAC:mb
Attach. cc:
PLEASE REPLY TO
~;:-
-
FOLD.
DATE:
Cit~G~~~o~ney w/COpy~: ~bond ~~
--..........~- ~.
~
~
,
...
SIGNED
.-/
GRAYARC CO~ INC. aROOKLYH. N. Y. IIU
THIS COpy FOR PERSON ADDRESSED
DETACHnns-'COPY-RET'.i.INFOR-ANSvjER~sENrfYv'HrrE AND-PINK COPIES WITH CARBONS INTACT.
JGDft U. u.o.
lz'. ADAII1ll& uto
I rNl4 the _tea
tor the
t. of aite
of aite area
aq. ft.
CJ .1ODCJ the
11aa SlIbdiY-
ant ue. due
C'ev_t MV-
. iA the
:COUDte"
~ca the
,141 al80
lilt bike
a.n4 re-
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at they
.ilte path
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,t .ala
l1i ta a.n4
tf _-
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be re.ult
_tion.
on ot
"."lle
"'011
replat of
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FEBRUARY 26; 1980
a ~e-applicatioft
e opportUftity for
staff aDd Planninq
The application
~ attached villa.
lilla.. He read
:onai.t. of 4. H
:ontinuation of
only th1nq which
, property. the
I Uftits which will
and r-.r yard.
so they will have
1010 bedrOOlll. two
raa the Technical
the elevation
ary de.1qns show
ve lIuch control
t which has been
with Pha.e I
~pleted. The
i up to sewer and
....nt. reqardinq
lout.
:. and read the
.alka will be
Kanag_ent lIust
.1. this will re-
,.h floor eleva-
. frOll the rire
'ora to Subdivi-
re to be looped,
ire hydrant..
nelude 22' ot
Utilities De-
extended north-
property to the
velopmentl off
that runa west-
extended west-
ot the develop-
led to allow tor
3 hydrant in the
lOOped line.
..
e
~
.~~
MINUTES - PLANNING. lOllING IlOAJtD
FEBRUARY 26. 1980
J. The ._v 11ne .hould be laid at . depth thet
will allow the property to the north of this
project to be .erved off the .... line.
4. Easeaent. aust be provided where required.
Mr, ~nnuntiato explained the sewer and water I1nes reeo~ended.
He added that his cOIIment is they provide street liqhts and an
on-site traffic plan. He read the .smo from the Recreation
Director advisJn~ that per the Subdivi.ion Ordinance require-
ments, the open pace ded.cation ia 4. units' .01S/aclunit .
.720 acres. He recommends one-half credit for private
recreation facilities be allowed and fee in lieu of land
equivalent to .36 acres be provided. The overall staff reeoe-
mendation is this pre-af lication b. approved subject to
CO/Ml<,nt..
Mr. Worrell comr~nted that e received these lIe~s and he is
Sure everythinq can be work~d out. Chai~n Thompson asked
if he was in aqrePllent with the comment. .nd ~r, worrell re-
plied Jttinn.>tiv, y, "ther _nan the exp' ,ave sever, but they
will discuss that
Mr. Ryder referred the ..ai' access bein" '" the center of
the develof,ment ..nd 45ked . f th.. acceaa shown ~v the lift
stat10n was for the I.tt static site onl\' an" Mr. Worrell
repl.~d the lift .ta ion is at point where they will have
to work around it or e11"inate that ...:,c'ss. Ther" L. the
posaib, i I ty they would r 'e to de., end the front a.nd turn
one unit around. Mr. An, nziato relerred to this cominq
under discusaJon at the Technical Review Board and advised
this cannot be dead ended beeauae it i' ,~' at pavement and
this is why he has requ.red In on-aite ..ffic plan. ~
los. of a unit will result if this driv"w"r is tied into
the roadway easement. Hr. Ryder reterred to the note on
the plan .howinq a 12' paved roadway in the 30' road ease-
ment and Mr. ~nnunziato stated construction of th.s public
roadway easeMent requires 22' of paveoent for two vay tra.f-
fie.
Hr. Winter asked if th.s i. abOut the sa~e density as the
oriqinal units and Hr, Worrell replied affirmatively. Chair-
man Thompaon asked if the only recreation was the pool and
~r. Worrell replied affirmatively,
Mr. Ryder stated that i~ buildinq Phase I. they made the bike
paths almost imposaible to use alonq Conarels Avenue. He
would hope thia would be corrected. Alia vhatever they Are
qoin~ to do on Conqrp~s Avenue in Phal~ 11 hopetully will be
in bett"r condltion l!",,, Ull'y left Phaa" I. Mr. Worrell in-
formed him that tn" hi..' I',llh W.18 on their propertr dnd th~}'
-~-
~/.
. " ' ; , {[l :' (
CITY ot ..~\ Ie'"
J
BOYNTON BEACH
~
...
P. O. BOX 310
120 N,E, 2ND AVENUE
BOYNTON BEACH. FLORIDA 3343:5
August 21st, 1980
Mr. Gregory Sheller
Cedarwood Villas
1340 Neptune Drive
Boynton Beach, Florida 33435
I
Dear Mn. Sheller:
On Tuesday, :August 19th; 1980, the City Council
approved your Preliminary Plat for Christian Villas/Plat #2
noting that the land value for recreational fee purposes is
$70,023. per acre.
Prior to submitting your final plat to Council
for approval, all staff recommendations and other materials
listed above and adopted by Council in their approval shall be
provided.
If you have any further questions concerning this
matter, please contac~ me.
Yours very truly,
CITY OF BOYNTON BEACH
~J~
Carmen S. Annunziato,
City Planner
CSA:pf
cc:
City Manager
Building Official
Rec. & Parks Dir.
City Engineer
-Central F~le
---' _OCA1'ON MAP-
"PALM WALK" A.C.L.F.
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.-
ENVIRONMENTAL REGULATION
5 7.5-35
(10) feet thereof, one shrub or vine shall be planted
abutting such barrier along the street side of such
barrier. The remainder of the required landscaped
areas shall be landscaped with grass ground cover or
other landscape treatment.
(e) Perimeter landscaping relating to abutting properties.
On the site of a building or structure or open lot use
providing an off-street parking area or other vehicular use
area, such area shall be provided with a landscaped barrier,
preferably, a hedge not less than four (4) feet nor greater
than six (6) feet in height to form a continuous screen
between the off-street parking area or other vehicular use
area and such abutting property. Such landscape barrier
shall be located between the common lot line and the
off-street parking area or other vehicular use area in a
planting strip of not less than two and one-half (21/2) feet in
width. The provisions of this subsection shall not be
applicable in the following situations:
(1) When a property line abuts a dedicated alley.
(2) Where a proposed parking area or other vehicular
use area abuts an existing hedge, said existing
hedge may be used to satisfy the landscape
requirements of this subsection provided that said
existing hedge meets all applicable standards of
this article.
(0 Accessways. The maximum width of an accessway
(whether one- or two-way traffic) through the required
perimeter landscape strip to an off-street parking or other
vehicular use area shall be thirty-five (35) feet. The balance
of such street frontage not involved with accessways shall
be landscaped in accordance with the provisions of this
section.
(g) Parking area interior landscaping. Off-street parking
areas shall have at least twenty (20) square feet of interior
landscaping for each parking space excluding those spaces
abutting a perimeter for which landscaping is required by
other sections hereof and excluding all parking spaces
which are directly served by an aisle abutting and running
Supp. No.2
613
I 7.5-33
BOYNTON BEACH CODE
(1) "Board": Board shall mean the community appear-
ance board of the City of Boynton Beach.
(2) "Landscaping": Any of the following or combination
thereof: Materials such as, but not limited to grass,
ground covers, shrubs, vines, hedges, trees or palms,
and other material such as rocks, pebbles, sand, walls
or fences, and decorative paving materials approved
by the building department and the community
appearance board.
(3) "Landscape screen or barrier": Such screen shall be
planted and maintained to form a continuous screen
of plant material within a maximum of three (3) years
after time of planting. The screen or barrier may be
either sheared or natural, symmetrical or asymmetri-
cal and shall be at least four (4) feet in height but not
higher than six (6) feet. Walls or fences used as
landscape screens or barriers shall be constructed in
accordance with the requirements of the Boynton
Beach Building Code and landscaped in accordance
with the requirements set forth herein.
(4) "Encroachment": Encroachment is any protusion of a
vehicle outside of a parking space, display area or
accessway into the landscaped area. There shall be no
encroachment over or into any landscaped area.
Wheel stops and/or cuts shall be placed at least two
(2) feet from the edge of such landscaped area as well
as two (2) feet from any preserved or planted tree.
Where a wheel stop or curb is utilized, the paved area
between the curb and the end of the parking space
may be omitted, providing it is landscaped in addition
to the required landscaping as provided herein.
(5) "Trees": Any self-supporting woody perennial plant
which has a trunk diameter of two (2) inches or more
when measured at a point four and one-half (41/2) feet
above ground level and which normally attains an
overall height of at least ten (10) feet at maturity
usually with one main stem or trunk and many
branches. It may appear to have several stems or
Supp. No.2
608
ENVIRONMENTAL REG ULA TION
i 7.5-35
concrete reinforced with No.6 road mesh (6 X 6 X 6) or
an equivalent approved by the building department.
Nuisance trees (Root system problems):
Ficus Altissima-Lofty Fig;
,Ficus Aurea-Florida Strangler Fig;
Ficus Benjamina-Benjamin Fig;
Ficus Nitida-Indialaurel Fig;
Ficus Elastica-Indiarubber Fig.
Further, the following exotic (nonnative) tree species
shall not be planted as part of any proposed landscape
plan. Deemed as "invader species" in South Florida
and the reasons to prohibit them include: Shallow
roots which make them susceptible to wind damage
(hurricanes); that they grow in dense stands crowding
out native vegetation; they create monoculture (single
tree species) that exclude most wildlife; they have poor
quality wood of no commercial value; can cause
serious health problems to allergic individuals, and
they are prolific propagators that encroach into native
vegetative areas. Those trees declared to be exotic and
nonnative are:
All of the Casuarina Species;
Brazilian Pepper (Florida Holly);
Schenius lerebinthifolius Melaleuca (Punk Tree);
Melaleuca quinquenervia.
(3) Shrubs and hedges. Shrubs and hedges shall be ~
minimum of eighteen (18) inches in height and two (2)
feet on the center when measured immediately after
planting. Hedges, where required, shall be planted and
maintained so as to form a continuous, unbroken,
solid, visual screen within a ma)l'i....lUm of one year
after time of planting.
(4) Vines. Vines shall be a minimum of two (2) feet in
height immediately after planting and may be used in
conjunction with fences, screens or walls to meet
physical barrier requirements as specified and be a
minimum of five (5) feet on the center.
Supp. No.2
611
.1
Sec. 1
BOYNTON BEACH CODE
a new boundary or boundaries are established for a zoning
. district (s). This process is known herein as a district bound-
ary change.
RIGHT-OF-WAY. A strip of land dedicated or deeded to
the perpetual use of the public.
SALE OF GOODS. Sale, rental, or leasing of goods.
SETBACK. A line running a certain distance back from
and parallel to the base, front, side or rear property line
which provided the separation wherein no building, structure
or portion thereof shall be permitted, erected, constructed or
placed unless specifically permitted by this Code.
SHOPPING CENTER. A group of retail commercial and/or
service establishments planned, developed, managed and oper-
ated as a unit.
SPECIAL MOBILE EQUIPMENT. Vehicles defined as such by
Section 316.003, Florida Statutes.
STORAGE OF HOUSEHOLD GOODS. The storage of goods by
individual households of their household possessions, and exclud-
ing storage of inflammable, explosive, .toxic, or hazardous materials.
STORAGE, OPEN. The safekeeping of any goods or prod-'
uct.s in an unoccupied space open to the sky for eventual
removal not expected within seventy-two (72) hours or for
continuous replacement by same or similar goods or products.
STREET. A strip of land, owned privately or publicly, which
affords the principal meaml of access to abutting property.
The word "street" includes road, thoroughfare, parkway, ave-
nue, boulevard, expressway, lane, throu~hway, place, square,
or however otherwise designated within the above-mentioned
roadway.
STREET, MARGINAL ACCESS. A street which is parallel
and adjacent to an expressway, arterial street or limited ac-
cess strp.et. .
SUBDIVISION. The division of a parcel of land into two
(2) or more lots or parcels, either by plat into lots and blocks
I
Supp. No. 35
I
1888
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VARIETAL LIST 'OW 'A~ WALK RIV. 1/01/14
.........................................................................
.SmIO\. .COUNT*IOTAMI CAL NAf1("OOII M)M MAIIE.S Ill, DlSCIt "T I OM SPAC I NCI*
+.+.+++++++++++++++++.++++++++++++++++++++++++++++++++++++~++.+++++++++..
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30".3'" SPR.
]'. ... O.A...
IvtR\.OLADIS THATCH PAUt
"1a.1 If I NO DATI PAUt
COCONUT PAL"
'LORIO" "OYAL PAUt.
t'A.JlSTY PAU.
CARPENTE"IA PAL"
PlOI'fY OAT! PAL"
K I NO SAQO P A'-'"
CA"DIOARD PAUt
LADY PAL"I
AOOELORRHAPHE WRIOHTII
PHOENIX RECLINADA
COCOS Nue.'UA
ROYSTOMEA ELATA
RAVENEA "IVULAR'S
CAR,ENTARIA A~INATA
PHOINIX ROEIELI"I
CYCAS REVO\.UT A
Z,,"IA FURFURACEA
ItHA',S EXCELU
.-
.Se. 41
.
~
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1,,'X10., W/'.C.T.
3.-4. HGT. ,. C/C
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T..a.x a' IH.COLI
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4. O.A...
QUERCUS VIROINIAN"A Llvt OAK TREI
LIQUID,,",AR STYRACIFLUA SWEET~ TREE
CAPPARIS CYNOPHALLOPHQRA J~ICAN CAPI" TRII
VI'UA~ OOOR. AWAIUKI "IRROR LEAr VI'RUN~
PODOCARPUS "ACROPHYLLA Y[W POOOCARPUI
GARDENIA JAS"INOOES GR. QRA'TED OARDENIA w,,"l.
STRELITZIA NICOLAI. I WHIT! IIRD OF PARADISE
. ""SS I N<1S t
SISYRIHCHI~ SSP.
CORTADERIA SELLOANA
TRIPSAcun DACTYLOID!S
LIRIOPE ". EVERGREEN G.
COOOLOIIS UVIFERA
SCAEVO\.A FRUITESCENS
RHO. AZALEA INDICA
IXOAA MC. NORA ORANT
lOUOAINVILLA GLABAA
IOUOAINVILLA GLABRA
VIIURN~ SUSPENS~
SEASONAL ANNUALS .
c,
'".1" 0...12" C/C
2'.3' OA.. " cIa
2.X Z'HOT.30" C/C
1$WHOl. . 1IwC/C'
3 · x 3'. ... C/C
z.x ).. .. C/C
24-X 2.... 30- C/C
Z4wX 20", 30" C/C
24.X 2.", 3'- C/C
S. SPR. AS SHOWN
30" X 2'" 30- C/C
," POTS . 1$W C/C
ILV! !YED ORASS'
P"""AS GRASS
'AKAHATCHEE ORASS
QIANT LILY TURF
SEAORAPE
lEACH NAUPAKA
'NDIAN AZALEA
HY8RID PINK IXORA
PAPER PLANT
ESPALIERED
SANDANKWA VI'URN~
OWNER' S SELECT I ON
....
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ct%!
CI r
...
MEr.E~~~RY TREE BRACES (AS SHOWN IN DETAILS)
~;~IC ~ARDS PLANTING SOIL
CUBIC YARDS OF 3". ,- WHITE EOO ROCK ("I" 3- DEEP) OVER WEED ""T
SOOf:'lE FEET OF SODDING (STENOTAPHR~ SECUNDATUH)
CUiUC YARDS OF 'CYPRESS tM.CH
CONCRETE PLANTER POTS. 24" DIA"ETER. WITH CASTOR SAUCERS
CONCRETE PLANTER POTS. 3'" OIA"ETER. WITH CASTOR SAUCERS
31
28
13 .500
3Z
37
3
.. KATERIALS PLACED INTO PLANTER POTS
~ DENOTES SHOEBOX LIGHTS ON 20. POLES (5)
. DENOTES UPLIGHTS TO WASH PAL"S ANO TREES (45)
, I
.. DENOTES WALL WASHER llOHTS (15)
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.----.--.-------.
MEMORANDUM
FROM:
Tambri J. Heyden
Planning and Zoning Director
Michael E. Ha~g .e.~
site and Zoning e lopment Administrator
May 24, 1994
TO:
DATE:
RE:
site Plan
Project:
Location:
Agent:
File No. :
Review - 1st Review -
Palm Walk a/k/a Boynton Belvedere
S.W 19th Avenue and Roma Way
Mark Fassy
13289A Via Vulcanus
Delray Beach, FI 33483
COUS 94-003
The following is a list of 1st review comments regarding the site
Plan Review of the plans for the above-referenced project. It
stould be noted that the comments are divided into two (2)
categories; the first category is a list of comments that
identify deficiencies that are required to be corrected and shown
in compliance on the plans and/or documents submitted for second
(2nd) review in order for the project to continue through the
site plan review process. The second set of comment(s) are
recommendations that the Planning and Zoning Department staff
believe will enhance the proposed development. The applicant
shall understand that all documents/plans submitted for site plan
and/or ~ermit review are subject to additional comments. I
recommend that the applicant/ agent contact me regarding
questions related to the comments. If the applicant is r:ot
intending to correct code deficiencies they should contact me
regarding the procejures, application forms, fees and submittal
deadline dates for seeking relief from the code requirement.
I.
SITE PLAN REVIEW COMMENTS:
C)1.
The illitial drawings submitted were dated both December 1993
and April 1994. There are numerous discrepancies between
these sets of plans. The drawings must be updated to
reflect one cOllcept for second staff review. The drawings
must specifically include the following details:
* ~All horizontal control dimensions distances from
property lines to all building, widths of walkways,
driveways, berms, etc.,
C>~ 0' Vertic al height of all buildings,
* O\.<,Identify type and extent of paving and ground cover
e\'erywhere including bet~leen trees,
* ~ Clarification of construction of canopy, is it intended
~ to have vehicles pass beneath?
v<~ .
C) \<-
ACLF requires new conditional use application to be
submitted with package in preparation to going to Planning
and Development Board. (Find attached Conditional/Use
Application) . W' {
tJ Q e~ c: "^' e'""l\/t" v W~ ~ 0 U tv (, -( :1 0 tc -r I -( I ~
3. poad and utility required easements need to be determined
and then formally added or abandoned on the survey along
with unity of title provided for the property.
~ 4.
Facility is in community design district III (modern).
Landscape, colors and features must comply with attached
code.
Vft~\MJ~ RJc'91YJ~7"g])
RDO~
Page 2
Site plan Review
Palm Walk a/k/a Boynton Belvedere
o\Z-S .
All walls must meet the fence requirement of being no higher
than four feet in the front setback (40 feet in from
property line along S.W. 19th Avenue). This affects the
dumpster enclosure and the west property wall.
~ 6. Landscape screening for parking and drive must meet minimum
code requirements and be called out on drawings. The view
from the west through breezeway and in front of main
building needs to be clarified on landscape drawings.
Identifications, sizes and spacings need to be clarified on
landscape drawing.
V7.
Traffic analysis letter must be rewritten to conform with
concurrency requirements.
//
/ 8.
V
Density limits for R-3 zoning limit the capacity of the ACLF
to 48 beds. Future expansion of beds is not possible under
current codes.
II.
RECOMMENDATION'S) :
None at this time.
HEH/jj
A: SPRE\'In:. 1ST
a:sprevplm.wk
The following is a list of 1st review comments regaraing the Site
Plan Review of the plans for the above-referenced project. It
should be noted that the comments are divided into two (2)
categories; the first category is a list of comments that
identify deficiencies that are required to be corrected and shown
in compliance on the plans and/or documents submitted for second
(2nd) review in order for the project to continue through the
site plan review process. The second set of comment(s) are
recommendations that the Planning and Zoning Department staff
believe will enhance the proposed development. The applicant
shall understand that all documents/plans submitted for site plan
and/or ?ermit review are subject to additional comments. I
recommend that the applicant/ agent contact me regarding
questions related to the comments. If the applicant is root
intending to correct code deficiencies they should contact me
regarding the procejures, application forms, fees and submittal
deadline dates for seeking relief from the code requirement.
1.
o.
v<~ .
D\Z
~ 4.
SITE PLAN REVIEW COMMENTS:
The initial drawings submitted were dated both December 1993
and April 1994. There are numerous discrepancies between
these sets of plans. The drawings must be updated to
reflect one cOllcept for second staff review. The drawings
must specifically include the following details:
* ~All horizontal control dimensions distances from
property lines to all building, widths of walkways,
driveways, berms, etc.,
D~ 0 Vertical height of all buildings,
* o~<.,Identify type and extent (If paving and ground cover
e\'erywhere including bet\<leen trees,
* ~ Clarification of construction of canopy, is it intended
~ to have vehicles pass beneath?
ACLF requires new conditional use application to be
submitted with package in preparation to going to Planning
and Development Board. (Find attached Conditional/Use
A.pplication). ,~~IW" I
NO eAQC::"'" EfVt'c..W~'v ~o ONtT':1 Dt'V 11 '( ~
3. Road and Utility reqUired easements need to be determined
and then formally added or abandoned on the survey along
with unity of title provided for the property.
Facility is in community design district III (modern).
Landscape, colors and features must comply with attached
code.
RD Of
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-------
Site Plan Review
Palm Walk aka Boynton Belvedere
/~l'j December 93 and april 94 plans disagree on several items such
~a1t parking spacesand landscape details. f"} f .,.1 ~~ <'-
/ - , ~.... ~:r.-\'
(/ 2. Road and Utilli ty required easements need to be deter 'ned ~ 41f '('
and then formally added or abandened on the survey. ~ ~~~~
I "- t.~.l,...~cl ~e"
I se~on-
3. Buft~ ~l~s too close ~o property line. code
requidrs '-t'" ~, 4-'0" - ~'" I
3.ACLF requires new conditional use application to
with packag~ in preparation to going to P&Dboard.
, 4,~acillity is in community development zone III
~(modern)landscape, colors and features must comply
code
be submitted
with attached
\
5-;15'
n
~ngs .
6. Traffic analysis? does county need to concur?
~ u '"\ \J -~ e XJ~,)~N ~ , ~ ;j.)
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PLANNING AND ZONING DEPARTMENT MEMORANDUM #94-234
CONDITIONAL USE APPROVAL
STAFF REPORT
FOR
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
CO~~::r~~T-::mJ{JI:-i['l'(Y _ARD~
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SUMMARY: Mark Fassey, Owner and Agent for Trio Associates, Inc. is
requesting approval of a conditional use and new site plan for a 48
bed adult congregate living facility built to the specifications
for alzheimer/dementia patients. The proposed project is located
at S.W. 19th Avenue, 100 yds. east of Congress and is within an R-3
zoning district. The project is located in the modern (III)
community design plan district. The facility is 21,172 sq. ft. on
a 1.95 acre (85,169 sq.ft.) site. This request is being forwarded
for review constant with section 11.2 of Appendix A-Zoning and
Chapter 4 of the Site Plan Review Ordinance.
PROPOSED USE: The applicant is requesting to build a 48 bed ACLF
built to alzheimer/dementia specifications.
DESCRIPTION OF PROJECT: (See attached drawing)
Project name: Palm Walk a/k/a Boynton Belvedere
Applicant: Trio Associates Ltd.
Agent: Mark Fassy
Location: S.W. 19th Avenue (100 yes. east of Congress Ave.)
Land Use Plan Designation:
High Density Residential
Zoning Designation: R-3 Multi Family
Type of Use:
Adult Congregate Living Facility
Number of Units:
48 Beds
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Square Footage: Building: 21,172 sq. ft. Site:
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1.9b'acres
Proposed Development: The site is located north of S.W. 19th
Avenue at Roma Way (100 yds. east of Congress Avenue). The site is
currently vacant land. The project repl~ces residential lots 9-24
and 42-48 of Christian Villas Plat #2. ~aeventeen parking spaces
are proposed for the site. The parking area has direct
ingress/egress access to S.W. 19th Avenue. Using the ratio of one
parking site per three (3) beds, the facility will have one surplus
space.
The applicant has requested a variance from the Community Design
Plan District Requirements for roof design which is being processed
currently with the rest of th . t application.
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Palm Walk
memorandum 94-234
Page 2
SURROUNDING LAND USES AND ZONING (See attached location map):
The subject property is located in the R-3 multiple family dwelling
zoning district. The following is a description of the land uses
and zoning districts of the properties that abut the subject site.
North - An existing barrier wall and commercial parking zoned C-3,
community commercial.
East - Immediately to the east, a north south canal and further to
the east a single family neighborhood (Leisureville) zoned R-
1AA/PUD single family residences.
South - S.W. 19th Avenue and further south a continuation of the
above single family neighborhood.
West - A multiple family residential neighborhood zoned R-3 multi-
family.
STANDARDS FOR EVALUATING CONDITIONAL USES: Section 11.2 D of the
Zoning Code contains the following standards to which conditional
uses are required to conform. Following each of these standards is
the Planning and Zoning Department's evaluation of the application
as it pertains to the standards. Attached "Exhibit "A" is an
evaluation of the standards prepared by the applicant.
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The Planning and Development Board and city Commission
shall consider only such conditional uses as are
authorized under the terms of these zoning regulations
and, in connection therewith, may grant conditional uses
absolutely or conditioned upon the conditions including,
but not limited to, the dedication of property for
streets, alleys, recreation space and sidewalks, as shall
be determined necessary for the protection of the
surrounding area and the citizens' general welfare, or
deny conditional uses when not in harmony with the intent
and purpose of this section. In evaluating an
application for conditional use, the Board and Commission
shall consider the effect of the proposed use on the
general health, safety and welfare of the community and
make written findings certifying that satisfactory
provision has been made concerning the following
standards, where applicable:
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Ingress and egress to the subject property and
proposed structures thereon, with particular reference
to automobile and pedestrian safety and convenience,
traffic flow and control, and access in case of fire
or catastrophe.
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The subj ect property has one ingress/egress ",O'f'f s. W'J. 19th
. .A:Ve~l;l.!3) O:>tbuilding entrance and off street parking. The sight
i- O-i ~ '"Jke at g-.--w-;-~venue will meet COde. require~~nts and' h
safety issues should n be a concern. '''(_1';; /' , f~'L,~,.;F' ,] I"
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2. Off-street parking and loading areas where required, with
particular attention to the items in subsection 1 above,
and the economic, glare, noise, and odor effects the
conditional use will have on adjacent and nearby properties,
and the city as a whole.
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The off-street parking area is at the rear of the property -
north side adjacent to the existing buffer wall with
commercial parking beyond. Seventeen (~?d parking spaces are
provided ~ ~e ~y ~de r~qY14ift~ixteen (16) parking
spaces (,gRS srace rer tllrge seas)... p-I)t.!; {',.t,.i' i.' ~r::>.. I) to ( ,) 1<'., l ;",-:;;"
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Palm Walk
memorandum #94-234
Page 3
3. Refuse and service areas, with particular reference to the
items in subsection 1 and 2 above.
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The dumpster facilit.JtfM3 ~ located near the southeast c.Jj:(~{..p" "Zru
suildiA9 eerft~. Truck turn-around will be in the loadingt
area between buildings. The limited space will require
blockage of driveway at pickup time, however it will not
impede a public thoroughfare.
4. utilities, with reference to locations, availability, and
compatibility.
With incorporation of utility Department comments, utilities
are available and consistent with city codes.
5. screening, buffering and landscaping with reference to
type, dimensions, and character.
With incorporation of Planning Department comments, screening
and buffering of adjoining properties will be per city code.
6. Signs, and proposed exterior lighting, with reference to
glare, traffic safety, economic effect, and compatibility
and harmony with adjacent and nearby properties.
Light levels will be at required levels without affecting
traffic safety or excessive glare. The signage is compatible
with sign code requirements for a residential neighborhood.
7. Required setbacks and other open spaces.
Setback and overall landscape code requirements are met when
staff comments are incorporated in permit drawings.
8. General compatibility with adjacent properties, and
other property in the zoning district.
The proposed project is compatible in appearance with R-3
zoning requirements and other neighborhood properties.
9. Height of buildings and structures, with reference to
compatibility and harmony to adjacent and nearby properties,
and the city as a whole.
The maximum height of structures for the proposed project is :
25 feet, adequately under the R-3 height limit of 45 feet,. aJ;Wil. "
i.~ th~Fefero cOlRflat~, !"iL,h ~~~:'lrretlud.tIlg n~i51fRs.al~~,:,,"~j"o ~ '~" ".f
PiJ:J;.)(..;....v7" /2,u!I.-(<"""~ /,r, -Re." fs^/f//_ ,,' Dr" (]:.J'~(' "",. ~,V ..' /1'.1" '/,,,' , ""' ...-', )/
Economic effects on adjacent and nearby properties, and iJl, ,'" ')~'-,";,
the city as a who1e.-':; ,
,l...-.
10.
/ f:(
~-
..
The ACLF is available to the citizens of Boynton Beach and
should be an economic asset to the city.
11. Conformance to the standards and requirements which apply
to site plans, as set forth in Chapter 19, Art!cle II of the) ,e, )
City of Boynton Beach code of Ordinances .\1,4/' 11-' ,-,,)d/.'~, ~ '-,':': I v./"v I:~ J'!;::,/
The project conforms to the standards and requirements of the
site plan review ordinance.
12. Compliance with, and abatement of nuisances and hazards
in accordance with the performance standards section 4 of
the zoning regulations; also, conformance to the city of
Boynton Beach Noise control Ordinance.
The project and use shall operate in a manner that is in
compliance with the codes and ordinances of the city of
Boynton Beach.
Palm Walk
memorandum #94-234
page 4
REVIEW OF DEPARTMENT COMMENTS
Below is a list of those departments that have comments regarding
this request.
DEPARTMENT
ATTACHED MEMORANDUM
.. ...'0
.:..#94-187<
#94-243 .
N/A
N/A
#94-205 (amendment)
#94-178
N/A
#94-258
Memorandum dated 7/27/94
Public Works
Utilities
Fire
Police
Engineering
Building
Parks & Recreation
Forester/Environmentalist
planning & Zoning
All outstanding comments in the above memorandums can be
incorporated into permit set drawings following approval by the
Planning and Zoning Board and City Commission.
RECOMMENDATION:
The Planning and Zoning Department recommends approval of the
request for Conditional Use approval and new site plan review
subject to the permit plans for the project boards amended to show
compliance with staff comments and the applicable city of Boynton
Beach Code of Ordinances.
A:memo94-234
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 94-257
FROM:
Carrie Parker
City Manager
Tambri J. Heyden ~ LL
Planning and Zoni~~ector
TO:
DATE:
August 11, 1994
RE:
Copies of Development Plans of Current Projects
scheduled for Review by the City Commission at the
August 16, 1994 City Commission Meeting
Please find attached five (5) sets of plans for the following
current development project:
New Site Plan/conditional Use - Palm Walk/Boynton Belvedere
NOTE:
please return the plans/documents to the Planning and
Zoning Department following the meeting.
If I can be of further assistance, please contact me.
r"'
~~:l:e~
TJH/jj
Attachments
a:transmtl.jj
August 5, 1994
At Tambri's Request:
I spoke with HRS staff to try and ascertain whether the City
(Planning) would somehow be notified if PALM WALK ACLF would at
some future time be converted to a nursing home.
As best as I can determine, the State would not normally directly
contact the City. The process would, however, allow several formal
points of contact under certain condition.
To change, a "CON" (Certificate of Need) would have to be granted
to the owner. This process (1) notifies the local Health Planning
Department of the action. I believe this is the County, and they
forward a sign-off request to Zoning or Occupational License.
(Mike indicates that this kind of paper work is sent to
Occupational License without zoning looking and what happens at
that end is not clear.); and (2) requires an inspection (by State
Nursing Home Group for facility), if deficient, building permit
would be required.
The State (HRS) is divided into distinct groups and the lines don't
cross much.
The local office has ACLF plan and inspection responsibilities.
Joan LaGrange (?), 407-274-3188, says not much difference between
,Qc.::z.t+ a/f\of4l1J..
ACLF and nursing home except staff, but she doesn't see nursing
homes regularly and would not be up on latest code changes.
Tallahassee has the fOllowing offices:
ACLF
904-487-2515
Nursing
904-487-3513 (Helen Jess)
CON-Certificate of Need 904-488-8673 (Alberta Granger)
Nursing Plans and Construction 904-487-0713 (Bob Garland)
Helen ~ss indicated that they would be happy to notify us if
application by name came across their desk.
I'm not sure how
reliable triggering system would be, or if name would not change.
" '\"l>
CON office confirmed no direct contact.
Bob Garland doesn't know ACLF requirements, but indicated CON and
Nursing Home Certification very involved and doubts that someone in
City wouldn't be aware at some point before license approval.
a:gary-dft.mem
~tY"YL\( 6" ( q "t
PUBLIC WORKS DEPARTMENT
MEMORANDUM #94-201
TO: Mike Haag, Zoning & site Administrator
FROM: Robert Eichorst, Public Works Director
SUBJ: Palm Walk
DATE: August 2, 1994
Having reviewed the plan reference to the dumpster enclosure at
this site I am at a loss for words, everything that was previously
discussed gets changed prior to re-submittal.
The position presently shown requires the dumpster to be rolled out
for pickup. At our last meeting a dumpster enclosure was to have
been located in the general area of the spot presently shown as an
area for a rollout dumpster. The dumpster should be in a service
area and not openly exposed in front of the building. If a roll
out dumpster is to be used it should be located north of the
service area, east of the building not to encroach the sidewalk,
driveway or overhang of the building.
This Department is not recommending the use of a rollout dumpster,
however if this becomes the only working solution the owner must
provide and install the wheels at their expense. The pad must be
a minimum of 8' wide by 7' deep with a three sided curb to restrict
the dumpster from rolling.
Eichorst
Works Director
REier
oornuwrn
ill
ill
AlJ;.4~
---~~~~~--~.-
PUBLIC WORKS DEPARTMENT
MEMORANDUM #94-187
TO: Tambri J. Heyden, Planning & Zoning Director
FROM: Robert Eichorst, Public Works Director
SUBJ: Site Plan Review - 2nd Review - "Palm Walk"
DATE: July 18, 1994
The lift station is blocking the approach to the dumpster enclosure
at the above site and the enclosure opening is less than the
required 10', therefore the site plan is unacceptable.
Eichorst
Works Director
REier
rn m@ITn"c~ ill
JUL \ ~ \994
PLANNING AND
PUBLIC WORKS DEPARTMENT
MEMORANDUM #94-151
TO: Michael Haag, Zoning & Site Development Administrator
THRU: Robert Eichorst, Public Works Director ~
FROM: Larry Quinn, Sanitation Superintendent
SUBJ: TRC Meeting Response -
Palm Walk
S.W. 19th Avenue & Roma
DATE: May 27, 1994
The dumpster location at the above site is unacceptable due to the
driver of the sanitation vehicle would have to back into the flow
of traffic. The planned trees would hinder the vision of the
driver being able to see on coming traffic. Also, from the front
of the dumpster location to the edge of the street is only 25 feet,
i.', order for the sanitation vehicle to be clear 30 feet is needed.
If you have any question please notify Larry Quinn, Sanitation
Superintendent at 375-6200 ext. 3206.
.....
Larry Quinn
Sanitation Superintendent
LQfcr
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-209 (2nd Amendment)
TO:
Tambri J. Heyden
Planning & Zoning Director
lw~lriam ~ukill, P.E.
~ Englneer
FROM:
DATE:
July 28, 1994
PALMWALK/BOYNTON BELVEDERE, PLANNING FILE COUS 94-003
RE:
Attached please find Mr. Finizio' s review comment on subject
amended site plan relating to a $24, 000:t fee in lieu of land
dedication which he seemed to feel was due the City. A more
thorough review revealed a memo dated October 3, 1988, authorized
by then City Attorney Raymond Rea stating that the City could not
collect the fees, and asking that then City Manager Cheney write a
letter to that effect to the appropriate party.
You will notice that reference lines are not the same on all memos.
That is because the project was identified at various time by
various names, including Christian villas Plat II, Cedarwood Villas
Plat II and most recently Palmwalk/Boynton Belvedere.
The bottom line is that the fees seem not to be collectable.
WVH:ck
C:PALMWALK.2AM
xc: Carrie Parker, City Manager
James Cherof, City Attorney
attachments: Vincent Finizio review comments/Memo No. 94-205
Raymond Rea 10/3/88 Memo
.-_.._-'----_.._--------'_...-._--,.~-~_._---,~~----~-----~-
ENGINEERING DEPAR~ENT MEMORANDUM NO. 94-205 (Amended)
TO:
William Hukill, P.E.
City Engineer
FROM:
Vincent A. Finizio
Deputy City Engineer
DATE:
July 19, 1994
RE:
palmwalk - Boynton Belvedere
Planning Department File No. COUS 94-003
(aka Christian Villas Plat #2)
I am in receipt of the above referenced plans and herein offer the
following review comment:
1. Along the east property line of Christian Villas Plat #2 there
exists a public rights-of-way identified as Tract A. The
abandonment of Tract A as well as other unnecessary easements
depicted on the plat, should be effectuated by the submission
of a formal application for abandonment by the applicant or
other legal procedures as may be deemed reasonable by the City
Attorney.
Vincent
VAF/ck
C:PARKWALK.COM
-,
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-209 (Amended)
TO:
Tambri J. Heyden
Planning & Zoning Director
~~t~~ ~ukill, P.E.
~Englneer
July 20, 1994
PALMWALK/BOYNTON BELVEDERE, PLANNING FILE COUS 94-003
FROM:
DATE:
RE:
Attached please find Mr. Finizio's review comment on subject
amended site plan. With respect to the $24,000I fee in lieu of
land dedication, the City Attorney's Office provided documentation
that the subject fee was waived by the then City Attorney Raymond
Rea (see attached Raymond Rea Memo dated October 3, 1994).
WVH/ck
C:PALMWALK.TRC
xc: Carrie Parker, City Manager
James Cherof, City Attorney
attachments: Engineering Memo No. 94-205
Raymond Rea Memo dated 10/3/88
m
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-205 (Amended)
TO:
William Hukill, P.E.
City Engineer
FROM:
vincent A. Finizio
Deputy City Engineer
DATE:
July 19, 1994
RE:
palmwalk - Boynton Belvedere
Planning Department File No. COUS 94-003
(aka Christian Villas Plat #2)
I am in receipt of the above referenced plans and herein offer the
following review comment:
1. Along the east property line of Christian Villas Plat #2 there
exists a public rights-of-way identified as Tract A. The
abandonment of Tract A as well as other unnecessary easements
depicted on the plat, should be effectuated by the submission
of a formal application for abandonment by the applicant or
other legal procedures as may be deemed reasonable by the City
Attorney.
~
Vincent A. Flnizio
VAF/ck
C:PARKWALK.COM
MEMQRAND!l,M
October 3, 1988
TO:
Peter L. Cheney, City Manager
FROM:
Raymond A. Rea, City Attorney
Cedarwood Villas Plat II
(a/k/a Christian Villas Plat II)
RE:
Attached for your information is a copy of a letter dated
September 27, 1988, from Peter L. Breton, regarding the payment
of recreational fees for the above referenced project. After
reviewing Mr. Breton's letter I am of the opinion that his legal
interpretation is totally accurate and that this City cannot
collect the fees from Barnett Bank or its contract purchaser.
Therefore, I would request that a letter to that effect be
transmitted to Mr. Breton under your signature at your earliest
convenience.
~~Q
,
Raymond A. Rea
City Attorney
RAR/r
Ene.
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-209
TO:
Tambri J. Heyden
j;la ning & Zoning Director
'am Hukill, P.E.
Engineer
July 20, 1994
PALMWALK/BOYNTON BELVEDERE, PLANNING FILE COUS 94-003
FROM:
DATE:
RE:
Attached please find Mr. Finizio' s review comments on subject
amended site plan. with respect to paragraph #1, he has informed
me that a $24,000~ fee in lieu of land dedication has never been
satisfied, and that the City commission should itself resolve
whether to waive the fee or pursue payment prior to submission of
the plan to the Planning and Development Board.
His other comments are self explanatory.
WVH/ck
C:PALMWALK.TRC
xc: Carrie Parker, City Manager
James Cherof, City Attorney
attachments: Engineering Memo dated 4/21/88
Engineering Memo No. 93-216
Engineering Memo No. 94-205
~V'
~
.--J '\) ,zP
t:/
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-205
TO:
william Hukill, P.E.
City Engineer
FROM:
Vincent A. Finizio
Deputy City Engineer
DATE:
July 19, 1994
RE:
palmwalk - Boynton Belvedere
Planning Department File No. COUS 94-003
(aka Christian villas Plat #2)
I am in receipt of the above referenced plans and herein offer the
following review comments:
1. According to our research, the property owners of Christian
Villas Plat #2, owe the City of Boynton Beach, Florida
$24,157.94 which represents a fee in lieu of land dedication
which remains past due to date. As a condition of approval,
the aforementioned fee should be collected (see attached
Engineering Dept. Memorandum 93-216 dated July 26, 1993).
2. Along the east property line of Christian Villas Plat #2 there
exists a public rights-of-way identified as Tract A. The
abandonment of Tract A as well as other unnecessary easements
depicted on the plat, should be effectuated by the submission
of a formal application for abandonment by the applicant or
other legal procedures as may be deemed reasonable by the City
Attorney.
VAF/ck
C:PARKWALK.COM
attachments: Engineering Dept. Memorandum dated 4/21/88
Engineering Dept. Memorandum No~ 93-216 dated 7/26/93
ENGINEERING DEPARTMENT MEMORANDUM NO. 93-216
TO: James Cherof, City Attorney
VIA: J. Scott Miller, City Manager
FROM: Vincent A. Finizio, Deputy City Engineer
DATE: July 26, 1993
RE: Cedarwood Villas
Departmental Request for Legal Advice
Collection of $24,157.94 Rec Fee Owed the City
Attached for your review and consideration, please find an
April 21, 1988 memo issued to the then City Manager Peter Cheney
from the then City Engineer Tom Clark regarding a recreation fee
which was never collected for Cedarwood Villas, Plat 2.
Apparently during Mr. James Vances's stint as City Attorney (see
December 14, 1981 memo from City Manager to City Attorney Vance),
the City reduced a Performance Bond from $79,502.00 to $21,000.00,
via Resolution No. 8l-KKK, on November 17, 1981 with the uncompleted
work identified as roadwork in a 30' alley along the east limits of
the property. According the the attached April 21, 1988 memo from
the then City Engineer Torn Clark to the then City Manager Peter Cheney,
the original Performance Bond included 110% of the required recreation
fee but obviously this required fee was overlooked by the City during
their reduction of the surety which now remains in the amount of
$21,000.00.
According to Mr. Clyde Worrell, the original principal, Barnett Bank
of Palm Beach County has forclosed on this parcel of land and therefore
Mr. Worrell is interested in having the City release the remaining
$21,000.00.
I respectfully request that you advise this office as to how we may
proceed to both collect the money in arrears relative to the
recreation fee in the exact amount of $24,157.94 (100% of fee) as
well as negotiate the release of Mr. Worrell's surety in the amount
of $21,000.00, including the substitution of surety by the current
owners assumed to be Barnett Bank of Palm Beach County. Any and all
help your office could render this office would be greatly appreciated.
~~A~ ~
Vincent A. Finizio ~
VAF/ck
cc: William C. Archdeacon, PE,PLS, City Engineer
attachments
M E M 0 RAN DUM
April 21, 1988
TO: Mr. Peter Cheney
City Manager
FROM: Tom Clark
City Engineer
RE: Cedarwood Villas, Plat II, Recreation Fee
The subject fee determined to be $24,157.94 when the subject plat
was approved was to be paid when the first C.O. was issued. Records
do not show that this fee was paid.
The original Performance Bond included 110% of the required recrea-
tion fee, ie., $26,573.73.
Said Performance Bond was reduced from $79,502.00 to $21,000.OO by
Resolution No. 81-KKKK on November 17, 1981, with the uncompleted
work identified as roadwork in the 30 ft. alley along the east
limits of the property.
I recommend that the $24,157.94 be collected prior to issuing any
more building permits for this project. In any event, appropriate
steps should be taken to place a lien against the property if the
fee is not paid within a reasonable time.
I will attempt to identify the owner as soon as possible and request
payment.
Please advise if additional information is requested concerning this.
y':- -- a:d
Tom Clar
TAC/ck
cc: Bud Howell, Bldg. Official
Charles Frederick, Recreation Director
Grady Swann, Finance Director
Raymond Rea, Esq., City Attorney
Carmen Annunziato, Planning Director
Betty Boroni, City Clerk
BUILDING DEPARTMENT
MEMORANDUM NO. 94-178
July 18, 1994
From:
Tambri J. Heyden, Planning & Zoning Director
Don Jaeger, Building Officia~
Al Newbold, Deputy Building ;~ficial
To:
Via:
Re:
TRC COMMENTS - Site Plan - 2nd Review
Pa1m Walk, a/k/a Boynton Belvedere
The Building Department has reviewed the documents submitted for
second review and have the following comments:
1. Approval from all applicable utility companies for
construction located in easements must be included as
part of the documentation at the time of permit
submi ttal.
2. Appropriate documentation must be provided to the
Building Department from all state agencies regarding
appropriate approvals at the time of permit submittal.
Contingent upon these comments, we support processing this
project through the P & D Board.
d/'~
~ /
Al Ne I
AN:mh
Att.
mID
A:PALMWALK.TRC
FIRE PREVENTION MEMORANDUM NO. 94-257 WDC
TO:
TAMBRI HEYDEN
Planning/Zoning Director
FROM:
WILLIAM D. CAVANAUGH
FPO I
DATE:
July 21, 1994
RE: TRC - Site Plan Review II
Palm Walk
SW 19 Ave
File #COUS 94-003
There are no further objections to this project.
4l!~
Boynton Beach Fire Dept.
MEMORANDUM
UTILITIES DEPT. NO. 94 - 253
TO:
Tambri J. Heyden, Planning and Z
FROM:
John A. Guidry, Utilities Director
DATE:
August 2, 1994
SUBJECT: Palm Walk, aka Boynton Belvedere
Clarification of post-second review comments
To clarify our previous memo no. 94-249, some items that were mentioned in prior memos
are still outstanding, and can only be reviewed at building permit time, due to the complex
nature of the details required. Those comments numbered 2, 4, and 6 as stated on memo
no. 94-243 (dated July 20, 1994) will require further review, even though the applicant has
expressed his willingness to comply with them. Their current status, however, should not
prevent this project from moving forward.
Regarding item no. 4 specifically, our approval is based upon the applicant's assurance to
provide an eight (8) foot wide driveway to the west of the existing lift station slab. This
driveway is essential if we are to have access to the lift station with our larger equipment.
I trust this memo will clarify the issue sufficiently. If you should have any further questions,
please refer them to Peter Mazzella of this office.
JAG/PVM
bc: Peter Mazzella
xc: Skip Milor
File
~
~nWffi
..
,.., 4 100)1
PLANNING AND
ZONING DEPT.
~
MEMORANDUM
UTILITIES DEPT. NO. 94 - 249
TO:
Tambri J. Heyden, Planning and Zoning Director
FROM:
John A. Guidry, Utilities Director
DATE:
July 29, 1994
SUBJECT: Palm Walk, aka Boynton Belvedere
Post second review comments
Based upon the enclosed documents, this office has no objection to this project proceeding
to the City Commission for their review and action. We still, however, have outstanding
comments which must be reviewed at time of building permit, so as to assure that the
building plans meet the conditions agreed to by the architect Mark Fassy. It is our
understanding that there will be some minor shifting in paving and wall locations, and the
dumpster location. We reserve the right to comment and approve all of these changes.
Please refer any questions on this matter to Peter Mazzella of this office.
Enclosures: 1) Revised sheet C-1 dated July 28, 1994
2) Sheet 1 of 1, detail of lift station site, dated July 28, 1994
3) Letter from Ivan Olsak dated July 28, 1994
JAG/PVM
bc: Peter Mazzella
xc: Skip Milor
File
07/28/94 1 3
POl
G)lsalt & ~IJnd1de.
CONSULTING eNGINEERS & PLANN!R8
308 Greymon CIttre
W8I1 Palm Beach. FIorIdI 3MOI
Cot(7) 83).&,.
City of Boynton Beach
Utilities Department
124 S.E. 15-Th Avenue
P.O.Box 310
Boynton Beach, Florida 33425.
J u 1 Y 28, 1994.
Att: Mr. Peter Mazz.lla.
Re: Palm Walk / &oynton BelvederB,
Boynton Beach.
D..r Mr. Mazzella;
This letter Iii . response to your "Second Reviewll comment~.
( July 20, '1994.)
CamM~nt * 1. Item" 3,# 5 & #6 (May 10,1994) already
accepted.
.. 2. Typical, already accepted.
. 3. 211 Water Meter & e" Backflow Prevent.r, already
5hown an revised drawing C-1.
Shown on revised C-1.
Noted on C-1, Note * 6.
Noted on C-1, Note" 7.
Shown on Site Plan.
... 4.
. 5.
.. 6.
.. 7.
If you have any questions, plBase do not he5it.t. to contAct
t his 0 f fie e. ( Ph." 833-4198.)
Sim:t:rely yourlll,
OLSAK & ASSOCIATES
/"
;ry........-
l.-~,
.I
I .
K. 01 soak, P. E .
"
MEMORANDUM
Utilities #94-243
TO: Tambri J.'Heyden,
Planning & Zoning Director
FROM: John A. GUidry'~~--..\-/Y~f~
Director of Ut111~ V
DATE: July 20, 1994
SUBJECT: Palm Walk a/k/a Boynton Belvedere
Second Review
Staff has reviewed the above referenced project and offer the
following comments:
1. Item numbers 3, 5 and 6 of Utility Memorandum #94-154
are outstanding.
2. All structures and appurtenances shall be a minimum of
10' from existing water and sanitary sewer mains.
3. Specify size of proposed water meter on Sheet C-l.
4. Continue proposed asphalt drive/entrance to existing
sanitary lift station north to match existing c6~crete
north edge for access and maintenance.
5. Add the following note to Sheet C-1: The City of
Boynton Beach Utility Department to own and maintain
sanitary sewer main line only.
6. A Hold Harmless Letter will be required on proposed
paver blocks in utility easements. '"
7. Plan Sheet 1 of 5 shows several structures (sculpture,
breezeway, gates, fences, etc.) within utility
easement. Please clarify and identify all objects
encumbering easement for review and comment, Appendix
C, Art. VIII, Sec. 9.
It is our recommendation that the plan not proceed through the
review process until Items 1, 3 and 7 are addressed.
If you have any questions regarding this subject, plea~e contact
Skip Milor at 375-6407 or Peter Mazzella at 375-6404.
/gb
xc: Clyde" Sk i p" Milo r
Peter Mazzella~
File
JUL l 0 1994
~ c-
NING AND
ING DEPT
BOyntOIl Beach Police Department
TraffIC Unit Memorandum
To:
Tambri Heyden
Director
IJate: 18 July 1994
From:
Sgt. James Cummings
Re:
Boynton Belvedere
After reviewing the plans I find no reason to correct it or send a
note to the board. I recommend the plans be forwarded.
.
MEMORANDUM
/f', ~ lJ Jjl A"".~JI".Vc;, 't 20"-'/N6- J::){(f.J&c..io~
TO: ,t4 hf{j~ \' J. '7!1 tJp"J) V c...""VFV
FROM: -;ftJllrJ WI.(..hNjC..~ PFt/( f-<.S -S4.FJ.
,
-::f14Ly ~O) j'l'14
Site Plan Review - New Site Plan -
DATE:
RE:
Project:
PAL~ WAL.k
ended Plans
After reviewing the
referenced project
Department recommends
the Planning and
consideration.
amended plans forp the ~above
the f?&c. ~M ,/0,..) -+ ~Jt k u E-PT.
that the project be forwarded to
Development Board for their
This department will not be required to sign-off the
permit documents associated with the subject project.
C:AMEND1.ALD
.21~
PlANNING AND
ZONING DEPT.
00
1
SPEED LETTER@
TO
FROM
MiKe Haaq
Kevin J. Hallahan
Zoninq & site Administrator
Forester/Environmentallst
SUBJECT.. Trees on P~lm Walk ~ite
-fOlDNO 90r1O
MESSAGE
The fOllowing is a listing of the trees on the above site. All of the
-,------".._'._--,--------- ----_._-_._---"-----_._-----~----~_.__._-"--------_._._.-----,------...---.--.--
___ _._____t.f:.~~_!:L_E.hou liLjJ~__ ..L~mQY~~J.xQJIl the p r_Qj.e c .t._a.r:.e.sL_a..s
DATE
5 31 94
SIGNED
K~
~ @ ~ 0
___.____..___. ._I2.~_:J::"mi t .~.______._ ___ _.__....______ __ ____un _________.________. .-----
Australian pine
_____ ___B!:.~z_:!-_11J:~1l__ I?~p~--_-__.--_-.--.--.----.------
Bischofia - in drain plpe
______&~:J,~1_~1l.Q~___ _.n________ ------- ----- ----------------
Ficus benjamina
REPLY
--- ----------------~------------
-FOlD fORI'<l. 9
\...,.
- fOLD FOR NO. lO
_ DATE __
__ SIGNED_____.__
WllsonJones . ~..... MADE IN US.A
44-902 Ttiplicate . ~ WilsonJone&, 1989
RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY
RECREATION & PARK MEMORANDUM #94-258
TO:
Tambri Heyden, Director
Planning & Zoning Department
Kevin J. Hallahan, Forester/Environmentalist f(21 Jf
Pa1m Walk - 2nd Review
FROM:
RE:
DATE:
July 20, 1994
The applicant has delineated which trees will be removed and the
reasons for removal. These trees will be replaced with new but
different species. The value of replacement trees exceed the value
of trees removed in quantity and desirability. The project should
continue on the normal review process.
KH:ad
o \II ~ ~
-Ii 2 0 I99tt lEJ
ill
-~-----'---_._---_._._---~-------
-
MEMORANDUM
TO:
Tambri Heyden
Planning & Zoning Director
FROM:
Michael E. Haag
Zoning and site Development Administrator
DATE:
July 27, 1994
RE:
k~vJ ~~
Site Plan Review - 2nd Review - Conditional use/~
S"t't1c btIlI_u -K If"' ........ en
Project: Palm Walk a/k/a Boynton Belvedere '
Location: S.W. 19th Avenue and Roma Way
Agent: Mark Fassy
cm~~:c~l~ifu~~
File No: COUS 94-003
The following is a list of comments regarding the second review of
the above-referenced proj ect. It should be noted that the comments
are divided into two (2) categories:
The first category is a list of comments that identify unresolved
comments either from the first review or new comments as a result
of the second review. To show compliance with these comments will
not substantially alter the configuration of the site and the
design of the building.
The second category is a list of recommendations I believe will
enhance the aesthetics and function of the project.
All comments and recommendations can be rectified on the plans at
time of permitting if the site plan request is approved. The
applicant must understand that additional comments may be generated
upon review of the documents and working drawings submitted to the
Building Department for permits for the proposed project.
SITE PLAN REVIEW COMMENTS: ~11 ~ ~l
~IO~ st:-r(?>Ac;:". ~I/.r 1'IJ1 l.1I,t~ ~
The west,.1 s+ee indicates t1 eventual roof overhang a.R1!o t11e ~#ft.er$..-r'"
requiredr/~ fQQt sial:! .!~t1!d,J-k. ~ ~l ~.ee -pt::.L,1I1 awed A, ,. f.,S~T.
UIIiler .c]rf8ti:'fl~ l:_dE. Permi t set of drawings ~l,vum reflect l)l:- (;)0=
Pef>\ll~....,wrr ~ceFFeet setback. SJ.JIlt..'-
I.
1.
2.
Landscape comments~~
,~" · oPt.) A,~/6
~ M The east al!cess I , _ (driveway) to the parking area
, --- requires a Illandscape barrier between i,t and adjoining
property. The drawing has been eha~~ed"~r~ the first
submittal and nO"l\l longer me~~. 'i !~ridscAP~ c~ 'i
requirements. Modify~~rawing& to mee~"'~e"',S~4'$'~oR""15-/8 IJI,'"
V' (Q){~}....r (4). ~f€..E:r-JNee>v1'E.Jl....,.J-t:"'i~~),<: " I' '--:- "
B.
The north or rear wall requires a iandscape barrier on
the applicants property. This can be met either by a new
hedge or in conjunction Wi.tthh~u~~in9 wall ~roviding
vines as called for incsection 7.5-35 (c) (4 f'ton the
-- ~'
applicants property with irr1gatThcJ system on property.,,_
The drawing has also been changed in this area from first
submittal and it is unclear what the intent is.
7/J& j/;'t.'-4J 1I/-f1.Jc /MAdV~c"rl.~lJ.., ~ ~
The west property line in way of the promenade
(breezeway) also must meet the landscape barrier code and
be so indicated on drawings.
:1'
~
":,.
~~
" ~'
~
~
J
(3)
/4.
~
~n
j
page 2
2nd review
Palm Walk
o'l
'-. :j
'. ,
The dumpster enclosure must be landscaped per section
7.5-35 (j) which must be called out on the drawings.
The list of landscape materials and the landscape drawing
contain discrepancies that must be corrected.
- There is no listing for the symbols Cl, eL, SL, CI
which are shown on the drawing.
- For the symbols ZF, REI, LS, SN, there does not seem to
be any items shown on the drawing.
- Discrepancies seem to exist for the following symbols:
E.
~~'
CC
GJ
LEG
CU
RAI
ING
Drawing
8
4
890
190
295
282
List:iD;J
12
12
870
200
330
273
- The symbol BG is for two (2) lines of listing. The
drawing shows 70 items at one location. Please clarify
intent . t\~ ,u..~
F. Those items listed as trees ~on the landscape material
list must meet the height requirement of 8 feet minimum
when planted on site. ~hh5 is rigorously enforced by
site inspection. Please delineate trees accordingly on
the building permit set of drawings.
.-~The agreed to number of trees and shrubs must be planted
~ .~ on site. Some substitution may be made with written city
approval at time of installation but total value must
remain as shown on commission approved landscape plan.
H. Please add note to drawing that indicates that
interference with a structure may cause relocation of a
shrub or tree at time of installation but total number
can not change.
Uni ty of Title must be provided prior to completion of
building permit application.
Easements have not changed from original submittal.
must have TRC sign offs on permit set of drawings
issuing building permit so TRC comments regarding
must be complied with.
Drawings
prior to
easement
.~"\
* 5~ The colors of the exterior or the buildings must be identified
"__.i on the elevation drawings. As a minimum, the control sets of
. drawings will need to have a table added indicating color as
shown on color elevations.
c~
The roof variance request for Community Design District III
must be approved or design changes will be required to have
structure conform to the Community Design District Ordinance.
Along S.W. 19th Avenue (the front of the building), a
representative sampling of those plant materials called out as
being acceptable to the modern design district as delineated
in Appendix III of Article V - Community Design Plan must be
shown on the drawings.
NOTE:
It is preferred that those items marked with an asterisk
be resolved prior to board meetings.
page 3
2nd review
Palm Walk
II. RECOMMENDATION(S):
1. It is recommended that all sets of drawings be checked through
to eliminate discrepancies between drawings prior to
submitting permit set of drawings. Indication of incorrect
features on a drawing even if it is not pertinent to the
purpose of the drawing is very confusing.
NOTE: If recommendations are approved, incorporate them into the
working drawings required for permits for the project.
MEH/jj
A:2revpalm.wlk
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-209 (2nd Amendment)
TO:
Tambri J. Heyden
Planning & zoning Director
~~!~qm ~ukill, P.E.
~I!:nglneer
July 28, 1994
PALMWALK/BOYNTON BELVEDERE, PLANNING FILE COUS 94-003
FROM:
DATE:
RE:
Attached please find Mr. Finizio' s review comment on subject
amended site plan relating to a $24, ooo::!: fee in lieu of land
dedication which he seemed to feel was due the City. The matter
was briefly discussed at the July 19th City Commission Meeting,
resulting in a more thorough staff review on July 20th. That
review revealed a memo dated October 3, 1988, authorized by then
City Attorney Raymond Rea stating that the City could not collect
the fees, and asking that then City Manager Cheney write a letter
to that effect to the appropriate party.
You will notice that reference lines are not the same on all memos.
That is because the project was identified at various time by
various names, including Christian Villas Plat II, Cedarwood Villas
Plat II and most recently Palmwalk/Boynton Belvedere.
The bottom line is that the fees seem not to be collectable.
WVH:ck
C: PALMWALK. 2AM
xc: Carrie Parker, City Manager
James Cherof, City Attorney
attachments: Vincent Finizio review comments/Memo No. 94-205
Raymond Rea 10/3/88 Memo
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-205 (Amended)
TO:
William Hukill, P.E.
City Engineer
FROM:
Vincent A. Finizio
Deputy City Engineer
DATE:
July 19, 1994
RE:
palmwalk - Boynton Belvedere
Planning Department File No. COUS 94-003
(aka Christian Villas Plat #2)
I am in receipt of the above referenced plans and herein offer the
following review comment:
1. Along the east property line of Christian Villas Plat #2 there
exists a public rights-of-way identified as Tract A. The
abandonment of Tract A as well as other unnecessary easements
depicted on the plat, should be effectuated by the submission
of a formal application for abandonment by the applicant or
other legal procedures as may be deemed reasonable by the City
Attorney.
Vincent
VAF/ck
C: PARKWALK. COM
MEMORANDUM
October 3, 1988
TO:
FROM:
Peter L. Cheney, City Manager
Raymond A. Rea, City Attorney
RE:
Cedarwood Villas Plat II
(a/k/a Christian Villas Plat II)
Attached for your information is a copy of a letter dated
September 27, 1988, from Peter L. Breton, regarding the payment
of recreational fees for the above referenced project. After
reviewing Mr. Breton's letter I am of the opinion that his legal
interpretation is totally accurate and that this City cannot
collect the fees from Barnett Bank or its contract purchaser.
Therefore, I would request that a letter to that effect be
transmitted to Mr. Breton under your signature at your earliest
convenience. ~~Q ,
Raymond A. Rea
City Attorney
RAR/ r
Ene.
BUILDING DEPARTMENT
MEMORANDUM NO. 94-178
July 18, 1994
To:
Tambri J. Heyden, Planning & Zoning Director
Don Jaeger, Building Officia~
Al Newbold, Deputy Building ;~ficial
TRC COMMENTS - Site Plan - 2nd Review
Palm Walk, a/k/a Boynton Belvedere
Via:
From:
Re:
The Building Department has reviewed the documents submitted for
second review and have the following comments:
1. Approval from all applicable utility companies for
construction located in easements must be included as
part of the documentation at the time of permit
submittal.
2. Appropriate documentation must be provided to the
Building Department from all state agencies regarding
appropriate approvals at the time of permit submittal.
Contingent upon these comments, we support processing this
project through the P & D Board.
AN: mh
Att.
m
IJl , 9 t994
mill
A:PALMWALK.TRC
FIRE PREVENTION MEMORANDUM NO. 94-257 WDC
TO:
TAMBRI HEYDEN
Planning/Zoning Director
FROM:
WILLIAM D. CAVANAUGH
FPO I
DATE:
July 21, 1994
RE: TRC - site Plan Review II
Palm Walk
SW 19 Ave
File #COUS 94-003
There are no further objections to this project.
Wil iam D. Cavanaugh, 0
Boynton Beach Fire Dept.
MEMORANDUM
UTILITIES DEPT. NO. 94 - 249
TO:
Tambri J. Heyden, Planning and Zoning Director
FROM:
John A. Guidry, Utilities Director
DATE:
July 29, 1994
SUBJECT: Palm Walk, aka Boynton Belvedere
Post second review comments
Based upon the enclosed documents, this office has no objection to this project proceeding
to the City Commission for their review and action. We still, however, have outstanding
comments which must be reviewed at time of building permit, so as to assure that the
building plans meet the conditions agreed to by the architect Mark Fassy. It is our
understanding that there will be some minor shifting in paving and wall locations, and the
dumpster location. We reserve the right to comment and approve all of these changes.
Please refer any questions on this matter to Peter Mazzella of this office.
Enclosures: 1) Revised sheet C-1 dated July 28, 1994
2) Sheet 1 of 1, detail of lift station site, dated July 28, 1994
3) Letter from Ivan Olsak dated July 28, 1994
JAG/PVM
bc: Peter Mazzella
xc: Skip Milor
File
----~~~~---
----~- ---
07/28/94 10:23
POI
Gt>Isu & ~SJ1JriIte.
CONSULTING eNGINEERS & PLANNERS
308 Greymon DttIe
W.. Palm Seac:t\. RorIdI 3MOI
(ot07) a3-4..
City of Boynton Beach
Utilities Department
124 S.E. 15-Th Avenue
P.O.BOK 310
Boynton Beach, Florida 33425.
July 28, 1994.
Att: Mr. Peter Mazzella.
Re: Palm Walk / Boynton Belvedere,
Boynton Beach.
O.ar Mr. Mazzella;
This letter is .. response to your "Second Review" comments.
( July 20, 1994.)
Comm.nt * 1. Item * 3,. 5 & 16 (May 10,1994) already
accepted.
.. 2. Typical, already accepted.
# 3. 2" Water Meter & 2" Bacl<flow Preventer, already
shown on re~i5ed drawing C-1.
Shewn en revised C-1.
Noted on C-1, Note * 6.
Noted on C-1, Note # 7.
Shown on Site Plan.
.. 4.
# 5.
.. 6.
.. 7.
If you have any questions, please do not hesitate to contAct
t his 0 f fie e. ( Ph." 833-4198.)
Sinc::erely your$,
OLSAK & ASSOCIATES
Ollitak, P.E.
"
Boynton Beach Police Department
Traffic Unit Memorandum
To:
Tambri Heyden
Director
IJate: 18 July 1994
From:
Sgt. James Cummings
Re:
Boynton Belvedere
After reviewing the plans I find no reason to correct it or send a
note to the board. r recommend the plans be forwarded.
...
~ ~
~
MEMORANDUM
'Z . _JCr biR&c..io.o
flANN'',,) Cr.... O~I '" " ''-
f'1i~ I-<- J .:5f.A..FJ.
TO: 1'14,..5/{\' -:r IIttbpN;
FROM: -StJlfnJ WI'{..hNp:..~
1
-:r "f LJ :tOJ )'1 '14
Site Plan Review - New Site Plan -
DATE:
ended Plans
RE:
Project:
PAL~ WAl..k
After reviewing the
referenced project
Department recommends
the planning and
consideration.
amended plans forp the ~above
the f?&r; ~~ -n.~ + ~It k u e,pr.
that the project be forwarded to
Development Board for their
This department will not be required to sign-off the
permit documents associated with the subject project.
~NN\NG ~NO
ON\NG OE~l
C :AHEND1.ALD
RECREATION & PARK MEMORANDUM 194-258
TO: Tambri Heyden, Director
Planning & Zoning Department
FROM:
Kevin J. Hallahan, Forester/Environmentalist ~2t jf
Pa1m Walk - 2nd Review
RE:
DATE:
July 20, 1994
The applicant has delineated which trees will be removed and the
reasons for removal. These trees will be replaced with new but
different species. The value of replacement trees exceed the value
of trees removed in quantity and desirability. The project should
continue on the normal review process.
KH:ad
rD)UlUW~~
\.1\1 JJL 2 0 19~M l!J
.~
~ J
~ ~ DATE:
c!.?, ).
~I ,
" , ~ RE: ~~
':)\1' -:s
~ 1 !2 ~
J:~~ t
\ Q
.~
~
cSi
~-
2
"'-,
~
:t
~
\0
-
"\t-t"" 1, ,1J
~S ,,~~\
1. '\)J r'\ yt-V f' tf\ ~~
J, ~ t; ,..~~~r> '-'~ ~\
oL,\X , ( \)
~t- \ /,\" ~p.-
C.~p\tJ ,J<' ~JV (1"",.1
~b sV-> f tV
~ p4 . LJi<f ~ 'Or )t"
~ ifJ'or1 ~ . L P P t.fZ- o. ,,.. r{lt
. :ref'- {i\~' n ~,,( {PV
~ ~ ~v ~l~
,. ~Jt AnA ,Jl,,,~..L- ",(tf ~y 'b \"
0-- lJ fO t-' ti' ~# 1,,<-
Michael E. Haag vll'p-t . v>1~ ~'i\i~ ~ ~ y
Zoning and site Development Administrator l.t. l::. rf ~t:f'\L.. ~ fJ ~
t^'J ~ ~(
~~~~jt
Site Plan Review - 2nd Review - Conditional Use/Major ~_
Site Plan Modification L~\
Project: Palm Walk a/k/a Boynton Belvedere ~ ~\
\"t
Location: S.W. 19th Avenue and Roma Way
Agent: Mark Fassy
13289A Via Vulcanus
Delray Beach, FL 33483
File No: COUS 94-003
\.
MEMORANDUM
J.
"-
TO:
Tambri Heyden
Planning & Zoning Director
FROM:
July 20, 1994
/ V.
'\ \u J
1 \ l~ ~~) .<1)
\Y~~t~ I
'"
r>
,
J\
\j'~'; $ :-.vy
.~ ~
~. \n' ,
The following is a list of comments regarding the second review of ~~- r ~
the above-referenced project. It should be noted that the comments ~ (~'
are divided into two (2) categories: ~ ~ ~~
The first category is a list of comments that identify unresolved ~~ ~f
comments either from the first review or new comments as a result ~~ ~
of the second review. To show compliance with these comments will ~~
not substantially alter the configuration of the site and the'
design of the building.
The second category is a list of recommendations I believe will
enhance the aesthetics and function of the project.
All comments and recommendations can be rectified on the plans at
time of permitting if the site plan request is approved. The
applicant must understand that additional comments may be generated
upon review of the documents and working drawings submitted to the
Building Department for permits for the proposed project.
I. SITE PLAN REVIEW COMMENTS:
1. Landscape Comments:
A. The east access route (driveway) to the parking area
requires a landscape barrier between it and adjoining
property. The drawing has been changed from the first
submittal
and
longer
landscape
code
no
meets
requirements. Modify drawings to meet code section 7.5-
35 (c) (3) or (4).
B. The north or rear wall requires a landscape barrier on
the applicants property. This can be met either by a new
hedge or in conjunction with the existing wall providing
vines as called for in Section 7.5-35 (c) (4) on the
applicants property with irrigating system on property.
The drawing has also been changed in this area from first
submittal and it is unclear what the intent is.
C. The west property line in way of the promenade
(breezeway) also must meet the landscape barrier code and
be so indicated on drawings.
D. The dumpster enclosure must be landscaped per section
7.5-35 (j) which must be called out on the drawings.
E. The list of landscape materials and the landscape drawing
contain discrepancies that must be corrected.
- There is no listing for the symbols Cl, CL, SL, CI
which are shown on the drawing.
- For the symbols ZF, REI, LS, SN, there does not seem to
be any items shown on the drawing.
- Discrepancies seem to exist for the following symbols:
*
F.
*
G.
Drawing L1stin;J
CC 8 12
GJ 4 12
LEG 890 870
CU 190 200
RAI 295 330
ING 282 273
- The symbol BG is for two ( 2 ) lines of listing. The
H.
drawing shows 70 items at one location. Please clarify
intent.
Those items listed as trees on the landscape material
list must meet the height requirement of 8 feet minimum
when planted on site. This is rigorously enforced by
site inspection. Please delineate trees differently on
the building permit set of drawings.
The agreed to number of trees and shrubs must be planted
on site. Some substitution may be made with written city
approval at time of installation but total value must
remain as shown on commission approved landscape plan.
Please add note to drawing that indicates that
interference with a structure may cause relocation of a
shrub or tree at time of installation but total number
can not change.
2. \ 5l?(8h~k:.
3 (. Uni ty of Title must be provided prior to completion of
building permit application.
~ 1.
Easements have not changed from original submittal. Drawings
must have TRC sign offs on permit set of drawings prior to
issuing building permit so TRC comments regarding easement
must be complied with.
{ * ? The colors of the exterior or the buildings must be identified
on the elevation drawings. As a minimum, the control sets of
drawings will need to have a table added indicating color as
shown on color elevations.
b ;.
The roof variance request for Community Design District III
must be approved or design changes will be required to have
structure conform to the Community Design District Ordinance.
7'.
Along S.W. 19th Avenue (the front of the building), a
representative sampling of those plant materials called out as
being acceptable to the modern design district as delineated
in Appendix III of Article V - Community Design Plan must be
shown on the drawings.
11" l~ ('Refe-F:t~~ rtt~)
NOTE: Tnose items marked with an asterisk ~ be resolved
prior to board meetings.
II. RECOMMENDATION(S):
1. It is recommended that all sets of drawings be checked through
to eliminate discrepancies between drawings prior to
submitting permit set of drawings.
Indication of incorrect
features on a drawing even if it is not pertinent to the
purpose of the drawing is very confusing.
NOTE: If recommendations are approved, incorporate them into the
working drawings required for permits for the project.
MEH/jj
A:2revpalm.wlk
MEMORANDUM
TO:
Tambri Heyden
Planning & Zoning Director
FROM:
Michael E. Haag
Zoning and Site Development Administrator
DATE:
July 20, 1994
RE:
Site Plan Review - 2nd Review - Conditional Use/Major
Site Plan Modification
Project: Palm Walk a/k/a Boynton Belvedere
Location: S.W. 19th Avenue and Roma Way
Agent: Mark Fassy
13289A Via vulcanus
De1ray Beach, FL 33483
File No: COUS 94-003
The following is a list of comments regarding the second review of
the above-referenced project. It should be noted that the comments
are divided into two (2) categories:
The first category is a list of comments that identify unresolved
comments either from the first review or new comments as a result
of the second review. To show compliance with these comments will
not substantially alter the configuration of the site and the
design of the building.
The second category is a list of recommendations I believe will
enhance the aesthetics and function of the project.
All comments and recommendations can be rectified on the plans at
time of permitting if the site plan request is approved. The
applicant must understand that additional comments may be generated
upon review of the documents and working drawings submitted to the
Building Department for permits for the proposed project.
I. SITE PLAN REVIEW COMMENTS:
1. Landscape Comments:
A. The east access route (driveway) to the parking area
requires a landscape barrier between it and adjoining
property. The drawing has been changed from the first
submittal and no longer meets landscape code
requirements. PL L2'A-S G M-OOcPr' Df<.f!w (A..){y$TO M17t?'1 ce>DC
~li'~-n19tV --',:}-=-3S ~) L3)~"'L4)
B. The north or rear wall requires a landscape barrier on
the applicants property. This can be met either by a new
hedge or in conjunction with the existing wall providing
vines as called for in Section 7.5-35 (c) (4) on the
applicants property with irrigating system on property.
The drawing has also been changed in this area from first
......-:
submittal and it is unclear what the intent is.
C. The west property line in way of the promenade
D.
C *F~)
',-- . //'
(
I
/
/
.I
-"
(;::'..
~
*' G.
(breezeway) also must meet the landscape barrier code and
be so indicated on drawings.
The dumpster enclosure must be landscaped per section
7.5-35 (j) which must be called out on the drawings.
Those items listed as trees on the landscape material
list must meet the height requirement of 8 feet minimum
when planted on site.
This is rigorously enforced by
site inspection. Please delineate trees differently on
the building permit set of drawings.
The list of landscape materials and the landscape drawing
contain discrepancies that must be corrected.
- There is no listing for the symbols Cl, CL, SL, CI
which are shown on the drawing.
- For the symbols ZF, REI, LS, SN, there does not seem to
be any items shown on the drawing.
- Discrepancies seem to exist for the following symbols:
Drawing I...ist:iIJJ
cc 8 12
GJ 4 12
LEG 890 870
CU 190 200
RAI 295 330
ING 282 273
- The symbol BG is for two ( 2 ) lines of listing. The
drawing shows 70 items at one location. Please clarify
intent.
The agreed to number of trees and shrubs must be Pla~
on site. Some substitution may be made with written city
approval at time of installation but total value must
remain as shown on commission approved landscape plan.
H. Please add note to drawing that indicates that
interference with a structure may cause relocation of a
shrub or tree at time of installation but total number
can not change.
2. Uni ty of Title must be provided prior to completion of
building permit application.
3. Easements have not changed from original submittal. Drawings
must have TRC sign offs on permit set of drawings prior to
issuing building permit so TRC comments regarding easement
must be complied wi~ Il. () A.J &--~
_ t+:S' erX'Tc:rR. , 0 IL (9 F- r "-\- ~ p U / L J
-; ltG c.. 0 L... OR. S 0 (- -r ~ "T~'<- _ l\. ~
M v~-r &~ I D~NI/,CIt:$(:) ~N E:.L...lrlt4-iIO"AJ JJ~4LAJ/iAJc;..
As a minimum, the control sets of drawings will need to have
~ 4.
a table added indicating color as shown on color elevations.
5. The roof variance request for Community Design District III
must be approved or design changes will be required to have
structure conform to the Community Design District Ordinance.
6. Along S.W. 19th Avenue (the front of the building), a
representative sampling of those plant materials called out as
being acceptable to the modern design district as delineated
in Appendix III of Article V - Community Design Plan must be
shown on the drawings.
. 45~,sk
tJl:fr~ . T*b~r:5 'lJeM., 5 MA-~t<.c;:O w t...l..f Ti\"~' ,..,...,t.>.s.-r
p ~ t c> R. TO 8 (7 A- IX /) M c;;;a;;;;T /IV & S
,
II. RECOMMENDATION(S);
BG R,GS ot...vO'b
1. It is recommended that all sets of drawings be checked through
to eliminate discrepancies between drawings prior to
submitting permit set of drawings. Indication of incorrect
features on a drawing even if it is not pertinent to the
purpose of the drawing is very confusing.
NOTE: If recommendations are approved, incorporate them into the
working drawings required for permits for the project.
MEH/jj
A:2revpalm.wlk
PUBLIC WORKS DEPARTMENT
MEMORANDUM #94-l87
TO: Tarnbri J. Heyden, Planning & Zoning Director
~V1 \;r~
~rll \ k!
-1P ~
~
FROM: Robert Eichorst, Public Works Director
SUBJ: Site Plan Review - 2nd Review - "Palm Walk"
DATE: July 18, 1994
The lift station is blocking the approach to the dumpster enclosure
at the above site and the enclosure opening is less than the
required 10', therefore the site plan is unacceptable.
Eichorst
Works Director
,J
~
~
~?
\'~)' ~v 'IS ~(;
~ If
'\~
~-r
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PLANNING AND
T.
BUILDING DEPARTMENT
MEMORANDUM NO. 94-178
July 18, 1994
To:
Tambri J. Heyden, Planning & Zoning Director
Don Jaeger, Building Officia~
Al Newbold, Deputy Building ;~ficial
TRC COMMENTS - Site Plan - 2nd Review
PaLm Walk, a/k/a Boynton Belvedere
Via:
From:
Re:
The Building Department has reviewed the documents submitted for
second review and have the following comments:
1. Approval from all applicable utility companies for
construction located in easements must be included as
part of the documentation at the time of permit
submittal.
2. Appropriate documentation must be provided to the
Building Department from all state agencies regarding
appropriate approvals at the time of permit submittal.
Contingent upon these comments, we support processing this
project through the P & D Board.
~
AN: mh
Att.
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mrn
A: PALMWALK. me
..;
FIRE PREVENTION MEMORANDUM NO. 94-257 WDC
TO:
TAMBRI HEYDEN
Planning/Zoning Director
FROM:
WILLIAM D. CAVANAUGH
FPO I
DATE:
July 21, 1994
RE: TRC - site Plan Review II
Palm Walk
SW 19 Ave
File #COUS 94-003
There are no further objections to this project.
Wil iam D. Cavanaugh, 0
Boynton Beach Fire Dept.
MEMORANDUM
Utilities #94-243
TO: Tambri J.'Heyden,
Planning & Zoning Director
FROM: John A. GUidry,~_D_-...l-.;I y~ )6'~
Director of Ut1l1rr~ V
DATE: July 20, 1994
SUBJECT: Palm Walk a/k/a Boynton Belvedere
Second Review
Staff has reviewed the above referenced project and offer the
following comments:
1. Item numbers 3, 5 and 6 of Utility Memorandum #94-154
are outstanding,
2. All structures and appurtenances shall be a minimum of
10' from existing water and sanitary sewer mains.
3. Specify size of proposed water meter on Sheet C-l.
4. Continue proposed asphalt drive/entrance to existing
sanitary lift station north to match existing co~crete
north edge for access and maintenance.
5. Add the following note to Sheet C-l: The City of
Boynton Beach Utility Department to own and maintain
sanitary sewer matn line only.
6. A Hold Harmless Letter will be required on proposed
paver blocks in utility easements.
7. Plan Sheet 1 of 5 shows several structures (sculpture,
breezeway, gates, fences, etc.) within utility
easement. Please clarify and identify all objects
encumbering easement for review and comment, Appendix
C, Art. VIII, Sec. 9.
It is our recommendation that the plan not proceed through the
review process until Items 1, 3 and 7 are addressed.
If you have any questions regarding this subject, plea~e contact
Skip Milor at 375-6407 or Peter Mazzella at 375-6404.
xc:
Clyde "Skip" Milor
Peter Mazze lla I)v
File
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PlANNING AND
lONING OEPT
19b
Boynton Beach Police Department
Traffic Unit Memorandum
To:
Tambri Heyden
Director
I>ate: 18 July 1994
From:
Sgt. James Cummings
Re:
Boynton Belvedere
After reviewing the plans I find no reason to correct it or send a
note to the board. I recommend the plans be forwarded.
MEMORANDUM
TO: 1'l4hf&\. ~ lIetbpN I fLAnJNI"'vCr 't ZON/N~
FROM: -:s tJlfrJ W I.t.. hlV~~ f'l'ttd.' J .:sl.A..pr.
1
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Site Plan Review - New Site Plan -
t::>,. fU3 c:.. i o~
DATE:
RE:
Project:
PAL~ WAl.k
After reviewing the
referenced project
Department recommends
the Planning and
consideration.
amended plans forR the kabove
the f?&e. ~f341 //o,.} + Iq~ k u E-PT.
that the project be forwarded to
Development Board for their
This department will not be required to sign-off the
permit documents associated with the subject project.
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PLANNING AND
ZONING DEPT.
C:AHEND1.ALD
RECREATION & PARK MEMORANDUM 194-258
TO: Tambri Heyden, Director
Planning & Zoning Department
FROM:
Kevin J. Hallahan, Forester/Environmentalist ~it Jf
Pa1m Walk - 2nd Review
RE:
DATE:
July 20, 1994
The applicant has delineated which trees will be removed and the
reasons for removal. These trees will be replaced with new but
different species. The value of replacement trees exceed the value
of trees removed in quantity and desirability. The project should
continue on the normal review process.
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ENGINEERING DEPARTMENT MEMORANDUM NO. 94-209 (Amended)
TO:
Tambri J. Heyden
Planning & Zoning Director
~~~~~ ~ukill, P.E.
~Eng1neer
July 20, 1994
PALMWALK/BOYNTON BELVEDERE, PLANNING FILE COUS 94-003
FROM:
DATE:
RE:
Attached please find Mr. Finizio' s review comment on subject
amended site plan. With respect to the $24,OOO~ fee in lieu of
land dedication, the City Attorney's Office provided documentation
that the subject fee was waived by the then City Attorney Raymond
Rea (see attached Raymond Rea Memo dated October 3, 1994).
WVH/ck
C:PALMWALK.TRC
xc: Carrie Parker, City Manager
James Cherof, City Attorney
attachments: Engineering Memo No. 94-205
Raymond Rea Memo dated 10/3/88
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PLANNING AND
ZONING DEPT.
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-205 (Amended)
TO:
william Hukill, P.E.
City Engineer
FROM:
vincent A. Finizio
Deputy City Engineer
DATE:
July 19, 1994
RE:
palmwalk - Boynton Belvedere
Planning Department File No. COUS 94-003
(aka Christian Villas Plat #2)
I am in receipt of the above referenced plans and herein offer the
following review comment:
1. Along the east property line of Christian Villas Plat #2 there
exists a public rights-of-way identified as Tract A. The
abandonment of Tract A as well as other unnecessary easements
depicted on the plat, should be effectuated by the submission
of a formal application for abandonment by the applicant or
other legal procedures as may be deemed reasonable by the City
Attorney.
vincent
VAF/ck
C:PARKWALK.COM
1_'
,
MEMORA!!D!!M
October 3, 1988
FROM:
Peter L. Cheney, City Manager
Raymond A. Rea, City Attorney
Cedarwood Villas Plat II
(a/k/a Christian Villas Plat II)
TO:
RE:
Attached for your information is a copy of a letter dated
September 27, 1988, from Peter L. Breton, regarding the payment
of recreational fees for the above referenced pr.oject. After
reviewing Mr. Breton's letter I am of the opinion that his legal
interpretation is totally accurate and that this City cannot
collect the fees from Barnett Bank or 1ts contract purchaser.
'rherefore, I would request that a letter to that effect be
transmitted to Mr. Breton under your signature at your earliest
convenience. ~~ ~_ ,
Raymond A. Rea
City Attorney
RAR/ r
Ene.
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 94-233
TO: Robert Eichorst, Public Works Director
Al Newbold, Deputy Building official
Bill Cavanaugh, Fire Prevention officer
Clyde "Skip" Milor, utility Dept. Chief Field Insp.
Sgt. Jim Cummings, Police Department
John Wildner, Parks Superintendent
Kevin Hallah~n, Forester/Environmentalist
o=<<~o~t~ineer
FROM: Tambri J. Heyden, Planning & Zoning Director
DATE: July 14, 1994
RE:
Site plan
Project
Location
Applicant -
File No.
Review - 2nd Review
"Palm walk" a/kala Boynton
S.W. 19th Avenue (100 yds.
Mark Fassy
COUS 94-003
Belvedere
east of Congress)
Attached is the amended site plan submittal for the above referenced
development for your final review and recommendation.
We would ask that you review this amended site plan documents to determine if
~he plans have been adjusted to satisfy comments made previously by your
clepartmen t .
If the comments have been satisfied or if your comments can be met at time of
building permit, please advise the Planning and Zoning Department in writing.
If your comments have not been met or must be met by correcting the site plan
again, please advise the Planning and Zoning Department in writing.
Finally we would ask that yeu recommend to us if the plan should be forwarded
to the Planning and Development Board/Community Redevelopment Advisory Board
for review or held for further revisions by the applicant. All correspondence
shall be received by the Planning and Zoning Department per the following:
please return your memo and the amended plans to the Planning and Zoning
Department by 5;00 P.M. on July 20, 1994.
If you should have any questions regarding this plan, please feel free to
call Michael E. Haag at 5260 who is coordinating the review of this
development.
XC: (Memo Only)
Don Jaeger
Floyd Jordan
Charlie Frederick
Tom Dettman
John Guidry
Project File (original)
Numbered File
J'>.; 2REVpalm. wlk
TO:
FROM:
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 94-126
Robert Eichorst, Public Works Director
Al Newbold, Deputy Building Official
Bill Cavanaugh, Fire Prevention Officer
Clyde "Skip" Milor, utilities Dept. Chief Field Insp.
Officer Louis Zeitinger, Police Department
John Wildner, Parks Superintendent
Kevin Hallahan, Forester/Environmentalist
Vincen~zto, Deputy City Engineer
Tambri J. HeY~)Planning & Zoning Director
DATE: May 4, 1994
RE: SITE PLAN REVIEW PROCEDURES
1st Review - New Site Plan/Conditional Use
Project - "Palm Walk" a/k/a Boynton Belvedere
Location - S.W. 19th Avenue (100 yds. east of Congress)
Applicant - Mark Fassy
File No. - COUS 94-003
Find attached for your review the plans and exhibits for the above-
referenced project. Site Plan Review approval for this project
will be granted by the City Commission/Community Redevelopment
Agency. To ensure that the project stays on line with the review
time frame, I request that the plans and exhibits be reviewed and
formal written comments transmitted to the Director of the Planning
and Zoning Department no later than 5:00 P.M. on Wednesday Mav 18.
1994. Do not return plans and exhibits. Retain same for the
review of the amended plans (2nd review).
Adhering to the following review gUidelines will promote a
comprehensive review and enable the applicant to efficiently obtain
Technical Review Committee approval:
1.
2.
Use the review standards specified in Part III, Land
Development Regulations, Chapter 4, Site Plan Review, Section
8 of the Code of Ordinances to review and formulate comments.
The documents submitted for the project were determined to be
substantially complete based on the submittal requirements
identified in section 7 of the Site Plan Review Ordinance.
However, if the data provided to meet the submittal
requirements is insufficient to properly evaluate and process
the project based on the review standards or the documents
show code deficiencies, additional data and/or corrections
should be requested by the reviewer through the Planning and
Zoning Department.
To: TRC Members
Re: Planning & Zoning Memo 94-126
Page Two of Two
3. Each comment shall reference the section of the code that is
incorrectly depicted on the documents.
4. Technical Review Committee member( s) shall identify in their
comments when the plans depict or when the location and
installation of their departmental required improvements may
conflict with other departmental improvements.
5. When a TRC Member finds a code deficiency that is outside of
his/her review responsibility, the comment and the specific code
section may be included in their review comments with the name of
the appropriate TRC Member that is responsible for the review
specified.
6. If a TRC member finds the plans acceptable, he/she shall forward
a memo, within the time frame stated above, to the Planning and
Zoning Director stating that the plans are approved and they do
not have any comments on the plans submitted for review and
recommend the project be forwarded through the approval process.
All comments shall be typed, addressed and transmitted to the Director
of the Planning and Zoning Department for distribution to the
applicant. Please include the name and phone number of the reviewer
on this memo. Michael E. Haag will be the Planning and Zoning
Department staff member coordinating the 1st review of the project.
The Planning and Zoning Department will send the applicant a cover
letter which includes the comment(s) and directions to amend the plans
to comply with the comments and the procedures for resubmission. When
the Planning and Zoning Department receives the amended plans, they
will distribute the plans with a cover memo to all TRC Members for
review and approval.
Attachment
xc: (Memo Only)
Don Jaeger, Building Official
Floyd Jordan, Fire Chief
Charlie Frederick, Recreation & Parks Director
Thomas Dettman, Police Chief
John Guidry, utilities Director
Ronald W. Last, City Engineer
Project File (original)
Numbered File
A: lREVIEW. SP
lrevpalm.wlk
MEMORANDUM
FROM:
Tambri J. Heyden
Planning and Zoning Director
Michael E. Ha~g .e.~
Site and Zoning e lopment Administrator
May 24, 1994
TO:
DATE:
File No.:
Review - 1st Review -
Palm walk a/k/a Boynton Belvedere
s.w 19th Avenue and Roma Way
Mark Fassy
13289A Via vulcanus
Delray Beach, FI 33483
COUS 94-003
RE:
Site Plan
Project:
Location:
Agent:
The following is a list of 1st review comments regarding the Site
Plan Review of the plans for the above-referenced project. It
sLould be noted that the comments are divided into two (2)
categories; the first category is a list of comments that
identify deficiencies that are required to be corrected and shown
in compliance on the plans and/or documents submitted for second
(2nd) review in order for the project to continue through the
site plan review process. The second set of comment(s) are
recommendations that the Planning and Zoning Department staff
believe will enhance the proposed development. The applicant
shall understand that all documents/plans submitted for site plan
and/or permit review are subject to additional comments. I
recommend that the applicant/ agent contact me regarding
questions related to the comments. If the applicant is Lot
intending to correct code deficiencies they should contact me
regarding the procedures, application forms, fees and submittal
deadline dates for seeking relief from the code requirement.
I. SITE PLAN REVIEW COMMENTS:
1. The initial drawings submitted were dated both December 1993
and April 1994. There are numerous discrepancies between
these sets of plans. The drawings must be updated to
reflect one concept for second staff review. The drawings
must specifically include the following details:
* All horizontal control dimensions distances from
property lines to all building, widths of walkways,
driveways, berms, etc.,
* Vertical height of all buildings,
* Identify type and extent of paving and ground cover
everywhere includ.ing between trees,
* Clarification of construction of canopy, is it intended
to have vehicles pass beneath?
2. ACLF requires new conditional use application to be
submitted with package in preparation to going to Planning
and Development Board. (Find attached Conditional/Use
,l.I,.pplication) .
3. Road and Utility required easements need to be determined
and then formally added or abandoned on the survey along
with unity of title provided for the property.
4. Facility is in community design district III (modern).
Landscape, colors and features must comply with attached
code.
Page 2
Site plan Review
Palm Walk a/k/a Boynton Belvedere
5. All walls must meet the fence requirement of being no higher
than four feet in the front setback (40 feet in from
property line along S.W. 19th Avenue). This affects the
dumpster enclosure and the west property wall.
6. Landscape screening for parking and drive must meet minimum
code requirements and be called out on drawings. The view
from the west through breezeway and in front of main
building needs to be clarified on landscape drawings.
Identifications, sizes and spacings need to be clarified on
landscape drawing.
7. Traffic analysis letter must be rewritten to conform with
concurrency requirements.
8. Density limits for R-3 zoning limit the capacity of the ACLF
to 48 beds. Future expansion of beds is not possible under
current codes.
II. RECOMMENDATION{S}:
None at this time.
MEH/jj
A:SPREVIEW.lST
a:sprevplm.wk
PUBLIC WORKS DEPARTMENT
MEMORANDUM #94-134
TO: Tambri J. Heyden, Planning & Zoning Director
FROM: Robert Eichorst, Public Works Director
SUBJ: Site Plan Review - "Palm Walk" a/d/a Boynton Belvedere
DATE: May 9, 1994
The dumpster location at the above site is unacceptable at the
present location.
RE/cr
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-142
TO:
Tambri J. Heyden
Planning & Zoning Director
FROM:
vincent A. Finizio
Deputy City Engineer
DATE:
May 16, 1994
RE:
Technical Review Committee Comments
Boynton Belvedere - 1st Review
Developer's Engineer - 01sak & Associates, Inc.
Provided herein, please find the Technical Review Comments for the
above referenced project.
VAF/ck
C: BOYNBELV. TRC
LN~
. . . . . . . . . . ......
Lawson, Noble & Associates, Inc.
tI
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'V
DATE:
Vincent Finizio, Deputy City Engineer, City of Boynton Beach
Ronald W. Last, P.E., City Engineer Boynton Beac~"~I'1.tt
May 13, 1994
TO:
FROM:
RE:
BOYNTON BELVEDERE - 1 st Review
Developer's Engineer: Olsak and Assoc. Inc.
L.N. & A. Project No. 94-174
I have reviewed the above mentioned project plans and drainage calculations. I offer
the following comments:
1. There appears to be inconsistencies in elevations stated in Sections IV.1 ,2,3,4
and the stage versus storage graph provided in the calculations. Engineer to
clarify.
2. Engineer to verify acreage of pervious versus impervious areas. Is the future
expansion considered as pervious or future building (impervious) area?
3. Positive connection from drainage swale to outfall stormwater piping system
required.
4. Weir required at Inlet S-2 to hold stormwater on-site and to utilize exfiltration
trench.
5. Are the 30' roadway easement and 25' roadway and utility easements to be
abandoned? Appears to be site conflicts with existing FPL transformers.
6. Provide lighting plans.
7. Add curbing at all areas where pavement abuts, Landscape Areas. See Section
C-C.
8. Section A-A and B-B on Details Sheets, not shown on plan.
ZRP\MEMOS\FINIZIO.512
Vincent Fininzio
May 13, 1994
Page 2
9. Appears top of existing control structure (14.50') to be 1.2' above pavement
grade. Please clarify.
10. Two material thicknesses are specified in the asphalt paving specification.
Please clarify.
11. Linton Boulevard note does not pertain in "Notes".
12. Reference to FOOT Index in "Drainage - Notes and Specifications" should refer
to latest edition.
13. Note 9 of the "Drainage - Notes and Specifications" section does not appear
to apply.
ZRP\MEMOS\FINIZIO.512
BUILDING DEPARTMENT
MEMORANDUM NO. 94-114
May 18, 1994
To:
Tambri J. Heyden, Planning & Zon' g Director
Via:
Don Jaeger, Building Official
From:
Al Newbold, Deputy Building 0
Re:
TRC COMMENTS - Site Plan Review
Palm Walk, a/k/a Boynton Belvedere
The Building Department has reviewed the plans submitted for the
above project. After reviewing the plans, I find that the
administration building encroaches a 30' right-of-way. The 25'
easement has fountain and sign encroachments. Either the
easements must be abandoned or the structures relocated.
There is no information on the details of any ground signs. All
must be in compliance with applicable codes.
Appropriate documentation must be provided to the Building
Department from all State Agency approvals at permit submittal.
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PLANNING AND
ZONING DEPT.
AN:mh
A: PALMWALK. TRC
FIRE PREVENTION MEMORANDUM NO. 94-230 WDC
TO:
TAMBRI J. HEYDEN )
Planning/Zoning Director ~
WILLIAM D CAVANAUGH ~(}t;t.t~<-<----(3~ \
FPO I ~ ..
FROM:
DATE:
May 18/ 1994
RE: TRC - Site Plan Review (I)
Palm Walk
SW 19 Ave
File #COUS 94-003
There are no further objections to this project.
MAY , R 199.&
PlANNING AND
ZONING DEPT.
ill
MEMORANDUM
Utilities #94-154
TO: Tambri J. Heyden,
Planning & Zoning
FROM: John A. Guidry,
Director of Utilities
DATE: May 18, 1994
SUBJECT: Palm Walk a/k/a Boynton Belvedere, First Review
Staff has reviewed the above referenced project and offer the
following comments:
1. Provide tapping tee and valve for proposed fire
hydrant. Existing water main continues north and
connects to water main on Woolbright Road. Please
revise plan (Page C-l) to show existing 6" D.I.P. water
main to north property line (per available record
drawings) .
2. Provide current survey showing all existing and
proposed utility easements. Include existing sanitary
sewer Lift Station #607 shown outside existing utility
easement.
3. Existing 6" water main and fire hydrant running east-
west in center of proposed project to have unobstructed
access for operation and maintenance.
4. Show proposed access to existing sanitary sewer lift
station.
5. No trees are permitted within utility easements, Sec.
7.5-18.1.
6. A capacity reservation fee will be required within
thirty (30) days of City Commission approval, or upon
request for my signature on the HRS/DEP permit and
applications. The fee amount will be determined based
upon meter size or expected demand, Sec. 26-34(e).
It is our recommendation that the plan proceed through the review
process.
If you have any questions regarding this subject, please contact
Skip Milor at 375-6407 or Peter Mazzella at 375-6404.
19b
xc:
Clyde " Sk i P " Milo r
.Pet er Mazze lla
File
ill
m
Boynton Beach Police Department
TraffIC Unit Memorandum
To:
From:
Ms. Tambri J. Heyden
Planning & Zoning Director
Sgt. James Cummings
Date: 18 May 1994
Fte:Site Plan Review
"Palm Walk" AKA Boynton Belvedere
In accordance with the memorandum sent to me regarding the
above noted project site, I have reviewed the plans and find
no problems with design or signage.
lly,
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/.1M I 8 1994 I@}
~
PLANNI~iG AND
ZONING DEPT.
-~~~----,._------------_._----~._----~~-~
MEMORANDUM
TO:
Tambri Heyden,
Planning:& ZoninqDirector
Superintendent f-
FROM:
John Wildner, Parks
~-18 -'1'{
DATE:
RE: site Plan Review - New Site Plan - 1st Review
Project:
f'A L VLt vVl\L k.
The Recreation and Parks Department has reviewed the
above referenced project. There are no outstanding
recreation related issues on this project.
--.-------------.-..-.--
RECREATION & PARK MEMORANDUM 194-194
TO:
Tambri Heyden, Planning & Zoning Director
FROM:
Kevin J. Hallahan, Forester/Environmentalist
J!Jf!-
RE:
Palm Walk - New Site Plan
DATE:
May 20, 1994
The applicant should include a statement on the landscape plan to
the existence of trees on the site.
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SURFACE WATER MANAGEMENT CALCULATIONS
FOR
BOYNTON BELVEDERE
A 48 BED ALZHEIMER / DEMENTIA SPEC. A.C.L.F.
APRIL 4. 1994.
\
( .
PREPARED BY:
OJ)lsak Be J\ssorlates
CONSULTING ENGINEERS & PlANNERS
w..... 308 Greymon DrIve
"- Palm Beach, Florida 33405
(407) 833-4198
IvanK. Olsak. P.E.
~~c;
Datel 4-4-94
Olsak and Associates. Inc.
Surface Water Management Calculations
Project 10: ACLF
1.
Proposed Acreages
1. Lakes = 0
2. Roofs = .5
3. Other Paving = .48
4. Green Area = .97
Tot. Project Area (ac) = 1.95
11. Water Guality Calculations
1. Compute 1st inch of runoff over total area:
1 in. X Total Area/12 = .1625
2. Compute 2.5 in. x Percent Impervious:
Site Area for WG = Total-Roofs-Lakes
Impervious Area for WG = Site-Pervious
Percentage of Imperviousness for WG
2.5 in. x Percent Imp. x (Total-Lakes)/12 =
= 1.45
= .48
= .3310345
.1344828
3. Required Water Guality Wet Detention Vol (ac-ft) = .1625
4. Required Dry Detention Volume equals .75 times Required
Wet Detention Volume (ac-ft) = .121875
5. Required Retention Volume equals .5 times Required
Wet Detention Volume (ac-ft) = 8.125001E-02
Ill. Soil Storage Calculations
1. Compute Pervious Area for Soil Storage
Total Pervious Area (acres) = .97
2. Compute Depth to Water Table
Depth to WSWT (ft) = Ave Site - WSWT = 4.3
3. Initial Soil Storage Extraction (in) = 8.18
4. Composite Site Soil Moisture Storage = Percent Pervious
times Compacted Soil Moisture Storage (in) = 4.069026
IV. Water Guantity Calculations
1. Parking Design Storm: 5-year,1-hour (in> = 3.2
Lowest Proposed Parking Lot Grate (ft-NGVD) = 13.3
Runoff from 5-year,1-hour storm (ac-ft) = CAR/12
C = .5517948
A = 1. 95
R = 3.2
G (5yr,1hr) = .2869333
2. Road Design Storm:
Minimum Road Crown
SCS Runoff Formula
G (ac-ft) = G (in)
24 Rainfall Amount (in) = 8
Elevation (ft-NGVD) = 12.18
G (in) = (P-D.2S)^2/(P+D.8S)
x Total Project Area/12 =
Road Design Storm Runoff (ac-ft) = .7455853
3. Project Design Storm: 24hr Rainfall (in) = 12.5
72hr Rainfall (in) = 16.9875
Minimum Project Perimeter Elevation (ft-NGVD) = 12.2
Using SCS as in 2.; Design Storm Runoff (ac-ft) = 2.099921
4. Floor Design Storm: 100yr,24hr Rainfall (in) = 16
100yr,72hr Rainfall (in) = 21.744
Minimum First Floor Elevation (ft-NGVD) = 14.4
Using SCS as in 2.; 100yr,72hr Runoff (ac-ft) = 2.847564
Olsak
Stage
Storage Computations
============================
.49 ac .72 ac .25 ac
Stage PaYing Green PERC Total
Feet Storage Storage; Storage Storage
NGVD ac-ft ac-ft ac-ft ac-ft
* 13.8 ***** * 12.3
** ***** **
*** ***** ***
**** ***** ****
***** 13.3 ***** 12.5 ***** 11
11.00
11.50
12.00
12.50
13.00
13.50
14.00
14.50
0.00
0.00
0.00
0.00
0.00
0.02
0.22
0.47
0.00
0.00
0.00
0.00
0.36
0.72
1.08
1.44
0.00
0.02
0.10
0.21
0.34
0.46
0.59
0.71
0.00
0.02
0.10
0.21
0.70
1.20
1.89
2.62
.. 0.30
+ 0.32
... O. Cfe.
... f). st'
.,. I. Iii:)
." I. 6()
-1-2./'1
~ Il. 92.
Stage vs Storage
----------------
----------------
Stage
f't-NGVD
14.50 I , ~ 1'"'*
14.00 I ~~
13.50 y- ~~ I
13.00 Irf~........ I
12.50 I r
12.00 ~ ' I
11 . 50 ; J
11.00 *======+====== ====J=+======+======+======+======+======+======+=======
o 1 2 I 3 4 5 6 7 8 9 10
I I Storage (acre-feet)
ICD YIFA~. ("F~()O"')
.. Y'IIIE.
..,4. ~ '
IPFa7nHeHP~D /"?/H. F/"Y. FL."o~ E.t.. = .,./-f. ~' H(;"VZJ.
.;
OLSAK AND ASSOCIATES
Exfiltration Trench System Calculations
Based on South Florida Water Management District
Management and Storage of Surface Waters;,
Volume IV, June,1987 Edition
1. Percolation Test Results:
k = .0004
2. EXFILTRATION TRENCH LENGTH CALCULATION
(Std. Eq.)
V
L = --------------------------------------------
k*(H2*W+2*H2*DU-DU^2+2*H2*DS)+(1.39E-4*W*DU)
Note: If saturated trench depth is greater than the
un-saturated trench depth or the trench width
is greater than twice the trench depth use:
V
(Consev. Eq.) L = ---------------------------------------
k*(2*H2*DU-DU^2+2*H2*DS)+(1.39E-4*W*DU)
k Hydraulic Conductivity(cfs/ft^2-ft>head)
V Volume Treated (ac-in)
H2 Depth to Water Table (ft)
W Trench Wi dth (ft)
DU Un-Saturated Trench Depth (ft)
DS Saturated Trench Depth (ft)
= .0004
= 1.68
-' 4.45
= 8
= 3.5
= 0
= 146.6993
= 160
= .1526933
Results:
SFWMD REQUIRED LENGTH OF TRENCH (ft)
LENGTH OF EXFILTRATION TRENCH PROVIDED (It)
VOLUME OF TREATMENT PROVIDED IN TRENCH (ac-ft)
SFWMD CONSERVATIVE FORMULA UTILIZED
4-4-94
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PUBLIC WORKS DEPARTMENT
MEMORANDUM #94-201
TO: Mike Haag, Zoning & Site Administrator
FROM: Robert Eichorst, Public Works Director
SUBJ: Palm Walk
DATE: August 1, 1994
Having tried to review the plan reference to the dumpster enclosure
at Palm Walk I am at a loss for words, everything that was
previously discussed gets changed prior to resubmittal.
The position presently shown requires the dumpster to be rolled out
for pickup. At our last meeting a dumpster enclosure was to have
been located in the general area of the spot presently shown as an
area for a rollout dumpster. The dumpster should be in a service
area and not openly exposed in front of the building, therefore we
do not have a workable solution for the dumpster enclosure. If a
rollout is to be used it should be located in the area previously
discussed with a pad to be 8' wide by 7' deep. A 4 yard dumpster
is approximately 7' wide by 6' deep.
If you have any questions please let me know.
Eichorst
Works Director
RE/cr
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