LEGAL APPROVAL
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LEGAL/APPROV AL DOCUMENTS
lI1ie City of v
.$oynton $eacli
Ms. Bettina Scherer
TCR South Florida Apartments
6400 Congress Avenue, Suite 2000
Boca Raton, Florida 33487
Re:
File No:
Location:
Vinings at Boynton Beach, Phase II
MSPM 96-003
East side of SW 8th Street, approximately 1900 feet north
of Woolbright Road
Dear Ms. Scherer,
Enclosed is the City of Boynton Beach Development Order regarding Commission approval of
your request for major site plan modification,
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 375-6260,
Sinc~, :7 /
~al1~~~11- - Q, X&~1~~
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Tambri J, Heyden, ATCP
Planning and Zoning Director
TJH:dar
xc: Central File
c:develord. vin
.?tmerica s (jateway to tfu (julfstre.am
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DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
ill rn@rn~wrn 00
;;F!) I U I~
PLANNING ANI)
ZONING DEPT.
APPLICANT: VININGS AT BOYNTON BEACH PHASE II
APPLlCANrs AGENT: CCL Consultants, Incoo
OWNER: Bovnton Beach II Limited Partnershio. A Florida limited oartnershio. and its
assians
DATE OF HEARING BEFORE CITY COMMISSION: Mav 21.1996
TYPE OF RELIEF SOUGHT: Reauest to amend the oreviouslv aooroved site olan to
inaase th enumber of aoartment buildinas from 12 to 16, omit buildina tvoes III and V, add
a vollevball court and reconfiaure other recreation amenities. alter buildina tvoe VI and
reconfiaure the Darkina and access areas,
LOCATION OF PROPERTY: East side of SW 8th Street. aooroximately 1900 feet north
of Woolbriaht
THIS MATTER came on to be heard before the City Commission of the City of
Boynton Beach, Florida on the date of hearing stated above, The City Commission having
considered the relief sought by the applicant and heard testimony from the applicant,
members of city administrative staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner
consistent with the requirements of the City's Land Development Regulations.
2. The Applicant
_X_ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative
staff, or suggested by the public and supported by substantial competent evidence are as
set forth on Exhibit "e" with the notation IIlncluded",
4. The Applicant's application for relief is hereby
_~ GRANTED subject to the conditions referenced in paragraph 3
hereof.
_ DENIED
5, This Order shall take effect immediately upon issuance by the City Clerk,
6, All further development on the property shall be made in accordance with the
terms and conditions of this order,
Other:.fi;F ~~-o
7.
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DATED: at . 1996
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/' City lerk
EXHIBIT "e"
Conditions of Approval
Project name: Vinings at Boynton Beach Phase II
File number: MSPM 96-003
Reference: The plans consist of twenty-three (23) sheets with an
April 22. 1996 Planning and Zoning Department stamp mark and the
f~iiowing file number written in the upper lefthand corner of sheet
i ;f 23 Major Site Plan Modification. MSPM 96-003 (Control Plans)
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments:
1- For operation and maintenance only, 1/
palm trees will be permitted with
utility easements, (Sec.26-33(a)).
FIRE
Comments:
2. Conflicts between landscaping and fire //
hydrants must be resolved. A clear
view of the hydrant is required from
the roadway.
3. Lift station access by the Fire /
Department is required for rescue
operation.
4. Street names and numbers must be /
reviewed by the Fire Department before
beinq assigned.
POLICE
Comments: NONE
ENGINEERING DIVISION
Comments:
5. All plans submitted for specific
permits shall meet the city's code
requirements at time of application.
These permits include, but are not
limited to the following; site
lighting, paving, drainage, curbing, /
landscaping, irrigation and traffic
control devices. Permits required
from agencies such as the FDOT, PBC,
SFWMD and any other permitting agency
shall be included with a permit
request.
6. Plat review and approval required. /
Chap.5, Art.II, Sec.l,pq.5-l
7. Sidewalks are required on both sides
of all local and collector streets. /
Chap.6,Art.III,Sec.llA,Pq.6-3
8. Provide certification by developer's
engineer that drainage plan complies ,/
with all City codes & standards. v
Chap.6,Art.IV,Sec.5A,pg.6-7 and
ChaD.23,Art.IIF.DQ.23-8
Page 2
Conditions of Approval
Vinings at Boynton Beach Phase II
MSPM 96-003
DEPARTMENTS INCLUDE REJECT
9. Minimum pavement width is 22' ( 11 '
lane for local road).
Chap.6,Art.IV,Sec.l0C,pg.6-11 /
Recommend appropriate cross-hatching /
on either side of entrance to guide
traffic into sinqle land area.
10. Parking lot section must conform to /
City code. Chap.6,Art.IV,Sec.l0F,pg.6-
12
I!. Need SFWMD & LWDD acceptance prior to ./
Engineering approval.
Chap.6,Art.VII,Sec.4B,pg.6-24
12. Remove concrete median within
entranceway.
Chap.22,Art.I,Sec.4,pg.22-l /
Recommend appropriate cross-hatching
on either side of entrance to guide
traffic into single lane area.
13. Photometries must be approved for both
pedestrian and parking lot lighting //
before building permit can be issued.
Chap.23,Art.II,A1a,pg.23-6
14. Landscaped areas in parking lots must ,/
be protected by wheel stops or curbs.
Chap.23,Art.IIE,pg.23-7
15. Provide 27' backup area, all stalls. /
Chap.23,Art.II,Il,pg.23-9
16. All parking lots shall meet or exceed
State Handicap Code requirements and /
comply with the Standard Building Code
and the Countywide amendments thereto.
Chap.23,Art.IIK,pg.23-9
17. Provide a handicap stall within the /
visitor parking area.
Chap.23,Art.IIK,pg.23-9. Note: This
parking area will require acceptable
lighting.
Recommendations:
18. Consider continuous curb in lieu of rr::
wheel stop to reduce tripping hazard
and to provide two additional feet of ~ l.() PI-&'
r..di.M' -)
pervious area. Cl . /~ .JUJ.
BUILDING DIVISION
19. The building plans will be reviewed
per the technical codes applicable at :/
the time of permitting. Depending on
the time of submittal, it may be the
present 1991 Edition of the Standard
Building Code or perhaps after June it
may be the 1994 Edition.
PARKS AND RECREATION
Comments: NONE
FORESTER/ENVIRONMENTALIST
Comments:
Page 3
Conditions of Approval
Vinings at Boynton Beach Phase II
MSPM 96-003
DEPARTMENTS
20. Two large Live Oak (hardwood) trees
have been found on site. The original
tree survey submitted by the
consultants CCL Company showed DQ
hardwoods on the site. The applicant
should contact the Forester/
Environmentalist Department in
reference to these trees prior to
issuance of the clearing permit.
PLANNING AND ZONING
INCLUDE
~
Comments:
21. Delineate on the site plan the areas
of Phase I that are being modified or ~
place a note on the site plan v'
indicating that there are no changes
proposed for Phase I.
22. To verify that the parking areas and
landscape areas comply with code
regulations and/or previous approvals
regarding size and/or dimension, add
to the sheet titled "Site Plan" (sheet
1 of 23) the appropriate horizontal
control dimensions. The control
dimensions shall identify the distance
through the property from north to
south and east to west. The control
dimensions shall include the following
measurements:
a) The distance from all property
lines to the vehicle use areas.
b) The length of the parking spaces.
c) The width of the access aisle/
back-up space.
/
d) The width of the landscape area
adjacent to the building.
e) The width of the sidewalks adjacent
to the building.
f) Maintain the distance between
bUildings as shown on the plan.
23. With a distinguishable symbol show,
label and dimension on the site plan
(sheet 1 of 23) the approved setback
along the east property line and the /
south setback that separates Phase I
from Phase II. Show and label these
setbacks on the landscape plan (sheet
3 of 23).
REJECT
I DEPARTMENTS
24. To ensure that the building overhang
or building structures that are
located above the building footprint
area depicted on the plan view
drawings sheets 1 of 23, 2 of 23 and 3
of 23 do not encroach into an easement
or setback line, delineate with a
symbol and dimension on the first
floor plan drawings (including
recreation building), second floor
plan drawings, third floor plan
drawings and all elevation view
drawings the width of the overhang or
building structure that is not shown
on the building footprint depicted on
the plan view drawings. Also place a
statement on the site plan (sheet 1 of
23), preliminary master plan (sheet 2
of 23) and landscape plan (sheet 3 of
23) indicating what part of the
building is depicted by the footprint
shown on the plan. Also show, using
the symbol found on sheet 1 of 23, the
location of the two story portions of
the buildings in Phase II.
25. Dimension the width of the access
aisle leading to Phase II. Minimum
width for two-way traffic is 20 feet.
However, a 27 foot back-up space is
required adjacent to the parking
spaces at the tennis court. Dimension
the plan accordingly.
26. The survey submitted with the request
does not show the utility easement
along the north property line adjacent
to the existing residential homes that
exists on Lake Boynton Estates Plat 2
(PB 14, Pg. 17 P.B.C.R.). Correct
the survey accordingly.
27. Place a note on the site plan (sheet 1
of 23) indicating that there is a
recorded easement agreement which
allows access to Phase II through
Phase I. Also indicate on the sheet
the recording data.
28. Inh the1totfa213Parikdinig data prhovidedloni _~
s eet 0 , n cate whic tota s
for Phase I and Phase II.
Page 4
Conditions of Approval
Vinings at Boynton Beach Phase II
MSPM 96-003
29. The detail drawing included with the
submittal (sheet 2 of 23) identifies
the length of the parking spaces as 16
feet. If this is correct, show with a
distinguishable symbol the remaining
two feet of the required eighteen (18)
foot long parking space. The eighteen
foot long parking space shall not
encroach into the required width of
landscape areas or sidewalks. Clarify
the drawings and show compliance with
code reaulations.
I INCLUDE I REJECT I
./
/
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/
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Page 5
Conditions of Approval
Vinings at Boynton Beach Phase II
MSPM 96-003
DEPARTMENTS
30. It is also evident from reviewing the
data found on the floor plan drawings
and the L.U.I. computations that some
of the area that was identified as
part of the FAR found on sheet 1 of 23
includes area that could be deducted
from the FAR computations. Amend the
FAR data to show the accurate total
FAR area.
31. On sheet 2 of 23 specify the color and
height of the dumpster enclosure.
32. The applicant has indicated that the
colors of the buildings in Phase II
will match the colors of the buildings
in Phase I, however, the color of the
porch railings identified on the plans
indicate the color of the railings
will be forest green and the existing
porch railings in Phase I are white.
Pleast match.
33. Change the location of the volleyball
court shown on the site plan and
preliminary master plan to match the
location of the court shown on the
landscape plan.
34. Provide elevation view drawings
including identifying types of
material and colors of the structure
identified as BBQ. Also dimension
the location of the structure
consistent with the approved setbacks.
35. Modify the north PUD boundary planting
plan to match the buffer planting plan
approved by the City Commission. Also
modify the design of the landscape
material shown on the detail buffer
drawing titled Section A (north
buffer of the PUD) to match the
approved buffer plantinq plan.
36. To ensure that the location of trees
and structures do not encroach into an
easement, add to the site plan and
landscape plan, where applicable,
notes and symbols that show the
location, size and type of proposed
and existing easements. Amend the
plan accordingly.
37. On the plant list and landscape plan
delineate with a symbol the trees that
are required for the tree management
plan.
38. Place a note on the site plan and
landscape plan indicating that the
buffer landscaping required for the
north property line of the Phase II
project shall be completed prior to
the first c.o. being issued for a
building in Phase II. This comment is
a condition of the original site plan
aooroval Sectember 29. 1994.
INCLUDE
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REJECT
Page 6
Conditions of Approval
Vinings at Boynton Beach Phase II
MSPM 96-003
I DEPARTMENTS
39. On the section view drawings of the
berms, found on the landscape plan,
indicate the location of proposed
easements and easements of record.
Where applicable, modify the location
of the trees so that trees do not
encroach into a utility easement.
Also specify on the detail drawing for
the berm along the east property line
that the minimum height of the berm is
five (5) feet.
40. Add to the landscape plan the
elevations of the contour lines that
form the berms depicted on the plan.
Also show on the drainage plan the
location of the berms.
41. To eliminate a conflict with the
location of landscape material and
fire hydrants and drainage structures,
show and identify the location of the
fire hydrants and drainage structures
on the landscape plan. Relocate the
landscape material accordinqlv.
INCLUDE
~
/
/
REJECT
Page 7
Conditions of Approval
Vinings at Boynton Beach Phase II
MSPM 96-003
DEPARTMENTS
42. Show on the landscape plan a
distinguishable symbol that identifies
the location of the trees and/or
hedges that are required to comply
with the following code regulations
(note - required material shall meet
the minimum size and spacing
requirements of the code):
* location of hedges required to
meet the visual barrier
specifications to screen the view
of the on-site vehicle use area
from the abutting property lines
to the:
south
south property line of
Phase II;
property line north of
buildings 16, 15, 6, 1,
2 and 5 and west of
buildings 16, 13, 12
and 8;
property line east of
buildings 15, 14, 11, 9
and 10 and
abutting the
right-of-way (S.W. 8th
Street) .
Note: unifying the title of Phase
I with Phase II will eliminate
the hedge requirement along the
south property line that
separates Phase II from Phase I.
north
east
west
*
location and number of trees
required to meet the general
landscape requirement. The total
impervious area of the entire
site divided by 1,500 equals the
general landscape requirement.
The site data indicates that
there is a total of 7.95 acres of
recreation area, canal easement
and open space located in Phase
II - clarify the numbers listed
on the landscape plan.
*
INCLUDE
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U'I'0it tun
(a~~ )
Provide a separate plant list and
planting plans to show compliance
with the foundation planting
requirements for the front and
sides of each buildinq.
43. It is recommended that melaleuca mulch
be specified on the landscape plan for ~
the plantinq beds.
44. Permit plans shall show compliance ~
with all applicable codes, ordinances
and resolutions.
ADDITIONAL CITY COMMISSION CONDITIONS
1. To be determined.
MEH/dim
a: ':,:,mDept. VIN
REJECT
ADDITIONAL CONDITIONS FROM PLANNING AND DEVELOPMENT BOARD RE: THE
VININGS AT BOYNTON BEACH - PHASE II
1. Comment No. 12: Recommendation is to delete (Le. - retain concrete median within
entrance way.
2. Comment No. 18: Add to the end of #18 "unless wheel stops are provided in Phase
I for purposes of consistency".
3. Comment No. 38: Replace first Certificate of Occupancy with the eighth Certificate
of Occupancy to represent completion of the south half of the buildings within Phase II.
4. Comment No. 42: Recommendation is to delete the note and add after the
reference to the hedge along the south property line of Phase II that, provided unified
control of both phases is verified at time of replatting of Phase II, the south hedge shall not
be required, including filing of a landscape appeal.
MEMORANDUM
rnm
mow
00
NOV 22.
November 22, 1996
PLANNING AND
ZONING DEPT.
TO:
Sue Kruse, City Clerk
FROM:
Rose Marie Lamanna, Legal Assistant
RE:
Boynton Beach II Limited Partnership - Escrow Agreement
Attached for your safe-keeping is an original Escrow Agreement between Boynton
Beach II Limited Partnership, the City of Boynton Beach and Broad and Cassel, dated
November 20, 1996.
sf
Enc.
cc:
Carrie Parker Hill, City Manager
Bill Hukill, Director of Development
Tambri Heyden, Planning Director
Diane Reese, Finance Director
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ESCROW AGREEMENT
THIS ESCROW AGREEMENT (the "Agreement") is made as of this
~th day of November 1996 by BOYNTON BEACH II LIMITED PARTNERSHIP,
.':.- ....,....
e. Florida limited partnership ("Crow") whose address is 6400
Congress Avenue, Suite 1000, Boca Raton, Florida 33487 and the CITY
OF BOYNTON BEACH (the "City") whose address is 100 Etlst Boynton
Beach Boulevard, Boynton Beach, Florida 33425 and BROAD AND CASSEL
whose address is 7777 Glades Road, Suite 300, Boca Raton, Florida
33434 (the "Escrow A'Jp.nt").
BACKGROUND
Crow is the owner ot real property located in Boynton Beach,
Florida, upon which it intends to construct a residential apartment
complex to b~ commonly known as the Vinings II at Boynton Beach
(the "Project..). The City of Boynton Beach is requiring, as a
condl.tion to the approval of the Plat for the project, certain
monies to be placed in escrow pursuant to the City of Boynton Beach
Land Development Regulation~. Crow and the City dcoire that Eocrow
Agent hold $751,300.00 (which constitutes 110% of ,the cost of
improvements accordinq to the Certified Statement of Cost attached
as Exhibit IIA" hereto), (the "Escrowed Funds") and Escrow Agent has
agreed to act as escrow agent for the Escrowed Funds on the terms
and conditions set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of
conditions set forth herein and other
consideration, the receipt and sufficiency
acknowledged, the parties agree as follows:
the covenants and
good and valuable
of which are hereby
1. Escrow
A. Escrow Agent agrees to hold the Escrowed Funds
subject to the terms and conditions contained in this Agreement.
B. Escrow Agent, subject to ~he release provisions
here! T)at..t~ set forth. will disburse the Escrowed Funds without
interest or other accumulation in value. Crow and the City
acknowledge and agree that nothing in this Agreement shall prohibit
Escrow Agent from acting in the capacity of attorney for Crow In
connection with any matter.
C. Release of Escrowed Funds.
The Escrow Agent will release the escrowed funds upon the earlier
of:
(i) The entire escrowed funds shall be released by > ~
Escrow Agent upon notice by the City Manager that the City has '7)
adopted a new code ordinance with respect to surety and that the
surety posted hereby is no longer required by the City as part of
its Land Development Regulations.
(il) Within seven (7) days after receipt by the
city of a certification of completion from the engineer of record
for the Project' stating that all infrastructure improvements have
been completed to the satisfaction of the Utility Ins~ector, in his
reasonable discretion, the City will authorize the Escrow Agent in
writing to release of the Escrowed Funds to Crow.
Such release shall occur in three (3) phases during
the course of construction in the following increments:
(a) Upon signoff and release of water meters
by the Utility Department for Buildings Leasing Office, 6, 7, 8, 9
and 10 (Phase I)in the amount of $247,929.00.
(b) Upon signoff and release of water meters
by the Utility Department for Buildings 1, 2, 3, 4 & 5 (Phase II)
in the amount of $217,877.00.
(c) Upon signoff and release of water meters
by the Utility Department for Buildings 11, 12, 13, 14, 15 and 16
(Phase III) in the amount of $285,494.00.
Escrow Agent may rely upon any such written notice from the
City signed by the City Manager. If Escrow Agent has not received
notice from the City as indicated above authorizing the release of
the Escrowed Funds or, if Escrow Agent has received notice from the
City that the Escrowed Funds should not be released then Escrow
Agent may continue to hold the Escrowed Funds until the receipt of
written confirmation from the City that the Escrowed Funds may be
released to Crow, or Escrow Agent may deposit the Escrowed Funds in
a court of competent jurisdiction as provided for in paragraph 3.
3. Liability of Escrow Aqent
A. If Escrow Agent shall be uncertain as to its duties
NOV-20-86 17.26 FROM. TRAMMELL CROW/RES.
10. 407+887+8648
PAGE 4
or r 19hts hereunder or shall rece! ve instructions, claims or
demands from either Crow or the City or any third person with
respect to the Escrowed Funds which, in the sole discretion of the
Escrow Agent, are In conflict with any provision of this Agreement,
Escrow Agent will be entitled to take no action until it shall be
directed 1n wr 1 ting from both Crow and the Ci ty and said third
persons if any, or by a fInal order or judgment of court of
competent jurisdiction.
B. In no event shall Escrow Agent be liable to either
Crow or the City under the terms of this Agreement, except for
gross negligence or intentional misconduct. In the event of any
controversy involving the Escrowed Funds, Escrow Agent shall be
entitled to deposit the Escrowed Funds or any part thereof in the
registry of a court of competent jurisdiction and upon such
deposit, Escrow Agent shall be released from all further liability
in connection with the Escrowed Funds and this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed as of the day and year first above written.
BOYNTON BEACH II LIMITED PARTNERSHIP,
a Florida limited partnership
BY: TCR BOY~TON LIMITED II PARTN~RSHIP,
a Texas limited partnership
By:
TCR SFA BOYNTON BEACH II, INC.,
a Texas corporation
--d4 ~~ce::;C
By:
Greg Iglehart
Vice President
CITY OF BOYNTON BEACH
cat~u ~Jt~ !k:Lf
Name: Carrie Parker Hill
City Manager
By:
Print
Title:
ESCROW AGENT I
BROAO AND CASSEL
By: A-~
rfW,!MELL CROW RESIDENTIAL
THE VININGS AT BOYNTON BEACH PhASE II
PREPARED BY: CCL CONSULTANTS, INCiBB
DATE PREPARED: MI,l( 13, 1996
cXi \IT A
STATEMENT OF PROBABLE COST
..dhk~tltY. .....:.:~~~b~...::. ...i~~Tf&.:.
1 . Clearing & Grubbing AC 13.77 $1,500.00 $20,655.00
2 . Site ExcavaUon
a. Cut (assume 4" organic material) CY 16,692 $0,75 $12,519,00 5 7
b. Suitable material CY 10,025 $0,75 $7,518.75
c, Fill CY 8,646 $0,75 $6,484.50 ~7J 111 ,S'
3 . Pavement
a, 1 112" Asphalt (Type S-1) SY 19,521 $2.63 $51,340.23 /""
b. 12" Stabllzed lubgrade SY 19,969 $1.75 $34,945.75 ./
c. 6"lImerock bale SY 12,544 $5,90 $74,009.60 ,/
d. 6"lImerock baae (In parlllng slalls) SY 7,650 $4.43 $33,889.50 /'
a. Typa"F" Curb & Gutter LF 435 $6.00 $2,610.00
t. Type "0" Curb LF 4,369 $6.00 $26,214,00
g. 4' concreta eldewalk LF 4,491 $7.00 $31,437.00
h. 6' concrete sldawalk LF 1,760 $14,00 $24,920.00
I. Concrete whaelstops EA 450 $20.00 $9,000.00
J. Seed & mulctl SY 24,090 $0.40 $9,638,00 ....... .J<fiJ OO-t oW'
4 . Drainage
a. Pipes $10,960,00 :::
15" RCP LF 548 $20.00
18" RCP LF 494 $23.00 $11,362.00
21" RCP LF 563 $31,00 $17,453,00
30" RCP LF 1202 $43,00 $51,686.00 ,./
b. Slruclurn
CS Inlet EA 8 $1,075,00 $8,600,00
OS Inlet (4'121) EA 5 $1,500.00 $7,500,00 ./
OS Inlel (5'121) EA 1 $1,625.00 $1.625.00
DS Inlet wi PRB EA 2 $2.300,00 $4,600,00
Manhola (4'121) EA 3 $1,500,00 $4,500.00
5 . Water
a. DucUle Iron Pipe
4" DIP LF 620 $10,00
6" DIP LF 206 $12,50
8" DIP WM LF 1.870 $14,50
b. 2" Water Sarvlca (Type "A") LF 586 $8,00
c. Gala Valvas
4" EA 16 $200.00
6" (RSGV) EA 9 $480.00
8" (RSGV) EA 4 $560.00
d. FItUngs
8" x 8" T aa EA 6 $500.00
8" x 6" T aa EA 7 $450.00
8"x4'Tae EA 16 $250.00
8" 90' Band EA 2 $250.00
8" 45' Band EA 6 $250,00
a, 4" - 3" Reducar EA 16 $175.00
t. Flra hydrants. EA 7 $2.000.00
g. Flra sprlnldar alSambllea EA 16 $3,000,00
h. Sampla points EA 6 $250,00
I. Backnow prevantar EA 16 $200.00
J. 2" watar matar EA 16 $600,00 /'iIJ sgca
6 . Sanltary Sewer
a. 8" PVC SS LF 1.818 $24,00 $43,632.00
. b. 6" Sanltary lalarall LF 697 $18,00 $12.546,00
C. Manhola
Shallow (4' - 6') EA 2 $1,075.00 $2,150.00
Standard (> 6') EA 9 $1,400,00 $12,600,00 /
Drop manhole EA 2 $3,500,00 $7,000.00 /"" TIJ "'12 'b
TOTAL: 662,981.33
USE 683,000.00
Mav 16 1996
DATE
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MEETING MINUT~::i
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
JUNE 11, 1996
Ms. Heyden reported on the City Commission action as follows:
Conditional Use for St. Joseph's Episcopal Church and School -
Approved subject to this board's recommendation regarding screening of the
air conditioning units and of the existing units on the gymnasium.
Hills at Lake Eden PUD Chanae in Zonina Conditions - Denied,
Land Use Amendment/Rezonina for Bovnton Beach CDC - Approved
subject to this board's recommendation regarding height and zoning
reversion when the use is discontinued.
Site Plan for Nautlca Sound - Approved subject to the recommendations
made by this board. With regard to signage, sign area is interpreted by
calculating the individual/etters.
Knuth Road PCD Service Station Site Plan - Approved subject to staff
comments and recommendations of this board regarding cross access to the
adjacent parcel.
Bovnton Beach Mall DeDartment Store F - Approved subject to staff
comments. The City Commission decided that the variance granted in the
1980s applied to the new parking area; therefore, no wheel stops will be
required. With regard to the height of the entrance feature, the City Attorney
determined that the applicant is eligible to apply for a height exception. That
is currently in progress, With regard to the comments relative to
landscaping, there were minor changes,
Vlninas Phase II - Approved subject to staff comments.
Two Ordinances:
1. Environmental Regulations. Adopted
2. Drive-through window change to Community Design Plan -
Approved on second reading with two minor changes,
Ms. Heyden advised that there will be a special Planning and Development Board meeting
on Tuesday, June 25,1996.
In response to Chairman Dutle's question, Ms. Heyden advised that medical offices are
going into the facility located at the southwest corner of Woolbright Road and Congress
Avenue (old Glendale Federal Bank building).
2
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
MAY 21,1996
postpone the bond, then the last part of the sentence of reworded Condition 23 in her May
15th memo, after the semi colon, should be deleted.
Motion
Commissioner Bradley moved to approve the Knuth Road PCD Service Station site plan
subject to staff comments, Vice Mayor Jaskiewicz seconded the motion.
No one in the audience wished to speak on this development plan,
With regard to the last sentence in the memo dated May 15th, which states that the Board
recommends an additional comment that the cross access to the adjacent property to the
west be relocated with the site plan approval of the property to the west, Commissioner
Titcomb asked if this will come up under site plan approval. Mayor Taylor advised him that
this is part of staff comments,
The motion carried 5-0.
D. PROJECT:
AGENT:
APPLICANT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Mall, Department Store F
Cormac C, Conahan, Esq., Hodgson, Russ, Andrews, Woods
& Goodyear
DeBartolo Properties Management, Inc.
Boynton-JCP Associates, Inc, Ltd., a Florida limited
partnership
801 North Congress Avenue
MAJOR SITE PLAN MODIFICATION: Request to amend
the previously approved site plan to construct a 162,502
square foot department store with parking structure
This item was dispensed with eaner in the meeting.
.~
E. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
The Vinings at Boynton Beach - Phase II
CCl Consultants, Inc.
Boynton Beach II Limited Partnership, a Florida limited
partnership, and its assigns
East sde of S. W. 8th Street, approximately 1900 feet north
of Woolbright
MAJOR SITE PLAN MODIFICATION: Request to amend
the previously approved site plan to increase the number of
57
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
MAY21,1996
apartment buildings from 12 to 16, omit building types III and
V, add a volleyball court and reconfigure other recreation
amenities, alter building types /I and IV, add a building type
VI and reconfigure the parking and access areas
Rick Wohlfarth of CCL stated that the number of buildings was increased from 12 to 16.
In order to do that, we reduced the number of units per building. There is no increase to
the number of units on the property. The primary reason this was done was to create a
more upscale community in Phase II. Specifically, 30 percent of the units will now have
direct access garages which was, during the leasing of the first phase, an item that was felt
to be wanted by some of the residents who were potentially moving into Phase I.
Secondly, the property itself is being upgraded. He was in agreement with comments 12,
18, and 38, which Ms. Heyden had noted were modified from the original staff report. The
only difficulty he had was with comment 42, which states that given the fact that there are
two ownerships of the property, a hedge was to be put between Phase I and Phase" of
the residential development. This means we are asking to put a hedge in front of .units
looking onto a lake on an imaginary line that really has no meaning being there. The
ownership has been broken into two ownerships. We have platted and gone through the
PUD requirements because there are two financing mechanisms to build these two
projects. The two owners of the property are the same and are happy not having a hedge
between the two projects. He requested the Commission's approval for the project as
recommended with the one qualification that no hedging material separating this imaginary
Phase I/Phase II line be required.
Vice Mayor Jaskiewicz had no problem with this. She felt it made sense. She liked the
way the buildings are set up a lot better in this phase. She felt the garage access is
excellent.
Ms. Heyden asked Mr. Wohlfarth if he agreed to Comment 42 as it is rewritten.
(Recommendation is to delete the note and add after the reference to the hedge along the
south property line of Phase 1/ that, provided unified control of both phases is verified at
time of replattin9 of Phase II, the south hedge shall not be required, including filing of a
landscape appeal.) Mr. Wohlfarth said we do not have a unity of title. There are two
separate owners that happen to be two entities that are controlled and owned by Trammell
Crow, but there are two individual owners. Therefore, if what Ms. Heyden is suggesting
is that at the time we go forward with this phase, if it is one owner, in essence two entities
but one owner, we do not have to have the hedge, then we are in agreement. Ms. Heyden
said as long as there is unified control and as long as one group manages both Phase I
and Phase II, then she has no problem deleting the hedge and not requiring an appeal.
58
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
MAY 21,1996
Mr. Wohlfarth said regardless of the ownership, this is under one ownership as far as the
management of the two parcels,
No one in the audience wished to address this development plan.
Motion
Commissioner Titcomb moved to approve the major site plan modification request to
amend the previously approved site plan to increase the number of apartment buildings
from 12 to 16, omit building types III and V, add a volleyball court and reconfigure other
recreation amenities, alter building types II and IV, add a building type VI and reconfigure
the parking and access areas, subject to all staff comments. Commissioner Tillman
seconded the motion, which carried 5-0,
IX. NEW BUSINESS
A. Item for discussion requested by Mayor Jerry Taylor
1. Visioning follow up
Since the final document has been generated from the visionrng, Mayor Taylor stated that
we need to set up a task force to set goals and time lines, and the direction on how to
proceed to accomplish these goals. In order to expedite this, he asked Robert Hill, who
headed up the steering committee for visioning, to immediately assume the role as the
chairman of that committee, He also asked Mr, Hill to ask his selection committee to serve
in that role to get this going. Mayor Taylor advised that some people who were in the
visioning process indicated to him that they would also like to serve on this task force. He
suggested sending everybody on the steering committee a ~tter, thanking them for their
services and asking them if they want to continue serving as a task force to bring this to
fruition. He stated that we also have to decide how many people should be on the task
force. He asked the Commission for their input.
Vice Mayor Jaskiewicz suggested including the facilitators of each group. Commissioners
Tillman and Bradley agreed. Commissioner Bradley would also like the entire group to get
together in a year and be presented with some of the updated material. Mayor Taylor
suggested directing the City Manager to have letters sent to everybody on the Steering
Committee and ask them to respond within two weeks to let us know if they want to serve
on the task force.
59
* Vice Mayor Jaskiewicz felt we have to review the entire document and make two
lists--one that requires funding and more study, and one that we would implement
ourselves and start putting them into action.
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 14,1996
Heyden tomorrow. and if Ms. Heyden does not ag"", with their P/'OPDSaI, they willI....... ft our.
Mr. Aguila requested that the applicant carefully 100Ic at the 80 spaces on the west end, and if it is
POSSible to do without Ihem. he WOUld like to see that area as llIeen area. The applicant llgI'ee(j to
consider this request.
Mr. Rosenslock agreed to wilhdraw his first motion.
Motion
On Item 7.B.3., namely, BOYnton Beach Mall, DeP&fment Store F, applicant DeBartolo Properties
Management, Inc., owner Boynlon-JCP Associates. Inc. ltd., a Aorida limited Pllllnership, Mr.
Rosenstock mOVed thaI this application be approved. This P/'OperIy Is located at 801 Congress
Avenue, and their request is 10 amend the previously-approved site plan 10 construct a 162.502
square foot department store with J>arking structure.. The apprOval is Pending all of !he staff
comments and, particularty, that the City Commission grant relief from Item #10. Mr. Wische
seconded the motion which carried unanimously.
Dr. Elsner left the meellng. Mr. Reed look his place as a lIOIing member.
The Vini... at Boynton Beach. Phase "
eel Consultants, Inc,
BoynlOn IIeach II Umfted Partr!elshlp, a Aorida
limited partnership, and its assigns
East side rI SW 8th Slreet, approximately 1900 feet
north of WOOlbright Road
RequeSlto atnend the PfeVIollS/y-approved site plan
to increase the number of lIIlarlment buildings from
12 to 16. ani! building !}'pes 11/ and V, add a VOlleyball
COurt and reconfigure other recreation amenities, alter
bUilding types " and IV, add a building !}'pe VI, and
reconfigure the parking and access area.
Mr. Haag displaYed an OVerlay of the eXisllng approved site plan, and one SbOwing the
mOdifications. The modifications are limited to north of the lake. The layout Is the same. bUlthe
largest change is that the Pl'Oposal now Calls for SOme of !he buildings 10 have garages. This will
eliminate a greal deal of the J>arking spaces aroUnd the facillly. A nUmber of the units did not
change,
4,
Project Name:
Agent:
APPlicant/Owner:
location:
Description:
lOUis Cam anile of CCl ConsUltants intrOdUCed llelt/!18 S~ Who advised that she was
present to answer any questions - by the members and 10 _ out any of their COOcerns with
the comments promulgated by the various City deP8rlments.
Item #3 - This is a Fire Department COmment relative 10 lift slation aCCess. The applicant
is not Sure if this comment means from the north or from their P/'Oject. They need
ciariflcalion on this comment and will Work it out Prior to City Commission.
Item #9 - This is no longer a Concem of Mr. Hukill's alter meeting with the applicant tOday.
22
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 14, 1996
Item #12 - This is no longer a concern of Mr. Hukill's after meeting with the applicant.
Item #18 - The applicant has two additional feet of pervious area with the wheel stops. The
continuous curb is not something the applicant wants to construct because they want the
project to be the same as it is in Phase I. Phase I has wheel stops.
Item #20 - The applicant agrees with this comment. The two large Live Oak trees will stay,
but the applicant needs to work with the Forester to locate them.
Item #21 - The applicant explained that the only change in Phase I is that they will be
comecting to the drainage lines. Mr, Haag agreed that drainage is not a concern of his. He
asked the applicant to place a note on the plan.
Item 126 - The applicant said the survey was for his property not for the property of others.
Mr. Haag advised that the easement is CI1 the applicant's property as well as on the property
of others. Two and one-half feet of easement is on the Vinings' property.
Item129 - Mr. Campanile explained that the actual space is 18', but the paved area is 16'.
He will clarify it on the drawings.
Item 132 - Mr, Campanile displayed the forest green railing. It is the same color scheme
used in Phase I. The green railings are used in the breezeways, The porches have white
railings. Mr, Haag explained that the architectural plans show this as opposite. The plans
must be changed.
Item '35 - This comment deals with trees. The applicant was of the opinion that their
proposal was better than the approved buffer plan which contained Slash Pines and
Lantana. They were proposing Oaks and Cocoplums. They asked for consideration of this
proposal.
Item 138 - The applicant does not agree with this comment. This comment is laid out so
that the buffer is 600' away from any buildings which would be provided with first CDs. In
addition, force main relocation is required in this area. The applicant would like some of the
CDs prior to completion of the force main relocation, He would agree to reword this
comment so that it reads, "by the ninth ,CO".
Mr. Aguila inquired as to the number of buildings to be constructed, Mr. Campanile advised that
there will be 16. Ms, Heyden agreed to compromise with half.
Item #42 - The applicant would like to eliminate the hedge requirement between the two
phases. These two projects are under two different ownerships. They would like to work
this out with an access easement, if possible, but would prefer not to have the hedges
between the phases. In addition, they would like to keep the existing landscape plan on the
access road.
In response to Mr. Rosenstock's question, Mr. Campanile said the City is aware that two ownerships
exist. Ms, Heyden said the company name is the same. They have not yet submitted their
23
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, flORIDA
MAY 14, 1996
homeowner documents for the second phase. There might be other concerns as a result of two
different ownerships, The applicant will require a landscape appeal if the hedge is not put in. As
long as the homeowner documents provide for common maintenance and access to all other
recreation, etc" it should not be a problem approving the deletion of the hedge.
Mr. Rosenstock suggested that the board recommend to the City Commission that they contact the
City Attorney to determine the affect on the project with two separate, distinct corporations, and to
determine the ramifications to the City in approving the plans.
Ms, Heyden said the ramifications are access, maintenance, and access to recreation. As long as
that is covered in the homeowner association documents, there are no ramifications.
Bettina Scher, Trammel-Crowe, said when the site plan was brought in for approval, the City
required them to plat the projects individually. There are two separate owners on this property, and
that was finance driven. The owners fought platting, but staff insisted, Everyone knew there were
two owners. There is a homeowners' association that functions as the Woolbright Place PUD. An
apartment complex does not need to file homeowners' association documents because it is a single
owner. The renters are not assessed individual assessments,
Ms, Heyden said Phase I and Phase II were conceived as one project constructed in two phases,
They share access and recreation. Regardless of the fact that it is a rental project, the City still
needs to have homeowners' association documents because they share common facilities,
Ms. Scher said there is a master association which runs the drainage for the entire PUD, Mr. Cherof
has reviewed that association document which is public record and recorded. There are provisions
in that document whereby if one of the developments is single-family, it must form a sub-association
whereby each individual homeowner must pay for its own internal improvements, Since there is a
single owner, legally, they are not required to do that because they provide for the maintenance of
the entire area. There is an entity known as Boynton Beach I Limited Partnership, and one known
as Boynton Beach II Limited Partnership.
Mr. Rosenstock did not feel this board should have to determine the ramifications of two ownerships.
He will abstain from voting on this project.
Ms, Heyden recommended that if there was no objection to the deletion of the-hedge, that the
requirement for Unity of Title also be deleted, provided Unity of Control is verified, They will have
to replat Phase II, and it will be checked at that time,
Comment #43 - The applicant would like to be able to use Cypress mulch to match what
was used in Phase I, rather than Melaleuca mulch recommended by staff,
Chairman Dube pointed out that staff should stop "recommending" and start requiring this item.
Mr. Aguila pointed out that Cypress needs to be preserved. He is not opposed to another kind of
mulch being used, but he would prefer that they not use Cypress. The applicant agreed to look into
this matter.
With regard to the landscape buffer plan, Mr. Haag advised that this proposal only calls for two
24
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 14,1996
different species, The other plan has multiple species, Staff does not consider it a betterment plan.
The applicant agreed to keep the original plan.
Motion
Mr. Aguila moved to recommend approval of the r&quest to amend the previously-approved site plan
to increase the number of apartment buildings from 12 to 16, omit building types III and V, add a
volleyball court and reconfigure other recreation amenities; alter building types II and IV, add a
building type VI and reconfigure the parking and access for The Vinings at Boynton Beach - Phase
II subject to all staff comments. Mr, Hill seconded the motion,
Ms, Heyden confirmed that there was a board consensus to delete the continuous curbing in
Comment #18 and replace it with wheel stops.
With regard to Comment #38, there was a consensus to require the buffer landscaping on the north
property line to be completed at the time of the eighth (8th) CO,
On Comment #43, the applicant will consider using mulch other than Cypress mulch,
The motion carried 6-0, (Mr. Rosenstock abstained from voting on this application,)
C. OTHER
Discussion
Ms. Heyden advised that the following two Ordinances are in the process of being adopted. Both
have been approved on first reading. The City Commission forwarded them to the Planning and
Development Board for comments, The second reading of these Ordinances will occur on Tuesday,
May 21, 1996,
1, Change to Environmental Regulations to codify Comprehensive Plan
policies regarding preservation areas tor environmentally sensitive
land.
This Ordinance will codify the policies regarding the 25 percent preservation requirement for "A"
rated sites, This was part of an original regulation that was never approved.
Mr. Aguila questioned whether or not the City would compensate him for the land he would have to
preserve if he owned 100 acres which was an "A" rated site. Ms, Heyden responded negatively,
He questioned whether or not any case law exists relative to this issue. Ms. Heyden said it is
potentially a "touchy" subject,
2, Change to Community Design Plan to no longer disallow drive-through
windows facing rights-ot-way provided landscape buffer and building
design criteria are met.
This change was initiated by the City Commission. A major redevelopment of Causeway Shopping
25
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'Boy~ton 'Beach
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City 1Iail: (407) 375-6000
~!U: (407) 375-6090
<;h ~ ;". 1/: k.-:'JS
S',fe- f La--. J'4:
CERTIFICATION
I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach, Florida, do hereby
certify that the attached copy of Resolution # R95-66, consisting of an Original Disclaimer,
and Exhibit "A" of two (2) pages was approved on April 18, 1995 at the City Commission
meeting are true and correct copies of the records of the City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA,
this 24th day of April, 1995.
~~~~-/
SUZ NE M. KRUSE, CMC/AAE
CITY CLERK
APRIL 24, 1995
s:cc\wp\certify
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RESOLUTION NO, R9~~~'- 8727 p.~ 239
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING ABANDONMENT OF A PORTION OF A
TEMPORARY UTILITY EASEMENT AND RESERVING
A PORTION THEREOF AS A TEMPORARY
EASEMENT, BEING A PORTION OF TRACT C,
WOOLBRIGHT PLACE, PLAT I AND; BEING MORE
PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A DISCLAIMER FOR SAID PORTION OF
THE UTILITY EASEMENT; PROVIDING THAT THE
ATTACHED DISCLAIMER BE RECORDED IN THE
PUBLIC RECORDS OF PALM BEACH COUNTY; AND
PROVIDING AN EFFECTIVE DATE.
;
~ i
I
!
WHBRBAS, Howard R. Scharlin, Trustee for the Woolbright
Place POO, has requested the abandonment of a portion of a
temporary utility easement and reserving a portion thereof as a
temporary easement, as depicted on the attached Exhibit nAil
and
WBBREAS, comments have been solicited from the appropriate
City Departments, and public hearings have been held before the
City'S Planning and Development Board and the City Commission on
the proposed abandonment; and
WHBRBAS, based on the foregoing information, the said
portion of the temporary utility easement to be abandoned no
longer serves any useful purpose,
NOW, THBRBPORB, BB IT RBSOLVBD BY THB CITY COMMISSION OF
THB CITY OP BOYNTON BBACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida by and through its City Commission, does hereby
abandon a portion of a temporary utility easement previously
recorded in Palm Beach County Public Records, ORB 6651 at page
447, and reserves a portion therof, as depicted on the attached
Exhibit nAn, located in the City of Boynton Beach, Florida and
depicted on Exhibit MAn attached hereto.
are hereby
the attached
Public Records
Section 2. The Mayor and City Clerk
authorized and directed to execute and deliver
Disclaimer and cause the same to be filed in the
of Palm Beach County, Florida.
Section 3. This Resolution
immediately upon passage.
take
effect
shall
PASSBD AND ADOPTBD this /~ day of April, 1995.
'!
CITY 2y BOY!/TO~ FLORIDA
//j7~( 1"4 t~
or . J
ATTEST:
~~~~~
C' y Clerk
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ORB 8727 PSI 240
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton
Beach, Florida, a municipal corporation, under the laws of the
State of Florida, does hereby abandon and disclaim a portion
of a temporary utility easement,previously recorded in Palm
Beach County Public Records, ORB 6651 at page 447, situated
and located in Palm Beach County, Florida, and reserving a
portion of the temporary utility easement as depicted on the
attached Exhibit "A",
IN WITNESS WHEREOF, the duly authorized officers of the
City of Boynton Beach, Florida, have hereunto set their hands
and affixed the seal of the City this ____ day of April, 1995,
ATTEST:
~~~:;U~U;/Clerk
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared
GERALD S. "JERRY" TAYLOR and SUZANNE KRUSE, Mayor and City
Clerk respectively, of the City of Boynton Beach, Florida,
known to me to be the persons described in and who executed
the foregoing instrument, and acknowledged the execution
thereof to be their free hand and deed as such officers, for
the uses and purposes mentioned therein; that they affixed
thereto the official seal of said corporation; and that said
instrument is the act and deed of said corporation,
WITNESS my hand and official seal in the said State and
County this aD
day of April, 1995.
~ In. fJlw.u", t,
ARY PUBLIC, State of Florida
My Commission Expires:
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1:~'.~';,"~S: ~~:~;._.t 27, 19'98
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Return 10: (enclose self-addressed stamped envelope)
Name
Address:
"RO
V L'
8727 fig 241
Property Appraisers Parcelldentificatioo (Folio) Number(s):
SENT BY:
4-13-9.5
8:56 ;JOSIAS & GORE~, P.A.~
4073756011;# 2/ 3
. . ..
PC# 08-43-45-29-25-003-0000 PROPOSED EXHIBIT "A"
12' UTIUTY EASEMENT
WOCIL8R1GHT PLACE PLAT , - 'tRACT C
/..AN) DESCRIPTION
A PDr/ion of Trocl C. WOOLBRIGHT PLACE PLA T '. ocr::ordftg 10 /hf PIof 'htrtlOf OS recorded in Prof tkJok
67, Paga 47 I!ro~ 4a of thi: P(#jC R,cords of Pam 8<<Jch CtJent,. Florida, rtKJr' (XJrfictbly aesCf~ as
lolows;
.". c."/"" 01 a 12 IIIOIIf)$",*,J btWJg 6:00 fHI <<JCh sG of 1M fDllowing dlscrbed centerline:
COMMENCING af 'M IVorfhwil co,.,., 01 fht SoufhM/$1 OM-Quarfr (sE. 1/4) of Stlcfion 29. Township 4'
Soulh. R(JIIgtJ 4J Eosf.1Hmg on fhtJ cart bollfldrJry of sa;d T'ocf C; IhInct N 01.~4'16" ~ dong ~(Ji(J Eosf
fx)~y, 4J4.28 ffNJr. Ihtva N 8ir2i' 13- E, 159.00 INt 10 I~ POINT OF BEGINNING D f said C#!fIferh
(srid txmflNlilg on fJ Norlh tJolIIdtJry Dl stid T,act C; IhtJta S 0'.,34'16- E. 155.01 INI: lhence S 88"26' IJ- tv,
8J~,OO lee/; ~ N 01-34'16- w: /$5,01 feel frJ the POJNT OF TERMlNA TION of said CllTlfertnf1 on fM
,aid Notlh bo~J Of Tr<<f C.
Soid lands lying md siluoft! in 1M CiJy o/90ynIOfl 8<<1th. Pdm &ocll Courtly, Ffo,k/4
NO'T'G
" Rt/fJI'OducIit:JfIs of Hts Sk.'ch fl'tI not 'fOld lAWS ,MJI<<J witfl an embossed ~o,'s ~.rt
2. No Tine Opinion DI Absf,oe/ fo Iht! s.J;jsct f)rOPf'fy hGs befI/J P'QIlided. 1t i$ ;:K1ssibIe that Ihtlre art!
Deeds, ErJ$tllflWffs, Qr otht1r ;"s',unwn/s (r<<o,dea 0' ~dn) wl'tit:h may 0,.'<<1 fhe subject /JI'O!J4rfy,
No NtTCh 0111>> PubIc RtlCo,ds /t(J$ bftn mt1IJe by 'he Surveyor.
", n../and dttSC,j)fion silo wn her<<HI ~ tnlX'td by Hte Slneyor.
4. 8<<xings ,hown hereDn are based on /he PIo' wifh the No,f" bDUfltJay of Troc' C haring 0 /Je(J'ing of
NB8126' '3"E.
~. DaftJ ~hoWtl htnon WQS cofl7(Jied from MfrumMl(s) of '<<(IT'd {II(} dr1tIs nol consllluJ, Q botndaty sllwty.
6. AJ:1Or.ritJl;on Lttgend: A .. Arc Lqfh; BDY. - BfjllJdory....1 · Cerlt,r;1I Angle; i :. thIierfintl: L.A,E, ·
U",iI<<J Access Eosemt1nf,' L.S. .. LiC.nnd Busirrft!; p.8. · PIo' 8DOJc: P,B.C.R. ., PDIm BtI<<h Coun/y
Flatidtr, P.O.B. . Pont of Seginrting; Rae. ~ Po;', 01 CtJmmftfelmellf; P,O. T . POint of TerminaHon;
P.L,s. · PrQfess~nt1I Land SIJfNyO'; R .. ~' u.E. = Uf"'y E~f.
CERTlFlCA "T'1OM
1 fE~Br CCRTIFY 1M! lhe al/acMd Slcef~ and o.~crpliDn af 1M flttreon described prO~'ly is /rw antJ
cOTTeel Jo /he bt!sf of my ImDwledt}tl a1d belitJf as preporfJd under my w<</ion on March .31, 1995. 1
f:'URTI-ER CCRTIF'Y lho! lhis SJt.lch md lM.crip/iofl me,ts fhe ~ Techricpl Sfondatds S~1 fartl'! in
ChDpt.. ~IGI7. F'IoridtJ AdmitM$f'Ofirt CD~. pur$tDl' iQ See!.' 472,02~ fIt1..tj!/D.SJ"J". ~
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AECOROkR'S MeMO: legibility of document nArr: .J/Jl/15
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Return to: (enclose self-addressed stamped envelope)
Name
Address:
ORB 8727 P9 242
DOROTHY H. WIL~EN, CLERK PB COUNTY, R_
Property Appraisers Parcelldentificatioo (Folio) Number(s):
SENT BY:
4-13-9.5
8:57 ;JOSIAS & GOREN, P,A.~
4073756011;# 31 3
PROPOSED
12' UnUTY EASEMENT
\IIllOUIRIGHT PI.ACE PLAT 1 - 'TRACT C ,,~:::!...
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~SOLUTION NO. R92~/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR, CITY
MANAGER AND CITY CLERK TO EXECUTE A
STIPULATED SETTLEMENT AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND GARY
LEHNERTZ, CASE NO. 0309 GM, ATTACHED AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
,
I.
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WHEREAS, on or about May 15, 1990, and pursuant to Section
163.3184(10) and Section 403.412(5), Florida Statutes, Gary
Lehnertz filed a Petition for Intervention in the administrative
proceeding; and
WHEREAS, an amicable agreement has been reached between
Intervenor (Lehnertz) and the City of Boynton Beach regarding
issues. involving the administrative proceeding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida hereby authorizes and directs the Mayor, City
Manager and City Clerk to execute the Stipulated Settlement
Agreement attached hereto as Exhibit "A" between the City of
Boynton Beach and Gary Lehnertz.
II
This Resolution shall take effect immediately
day of December, 1992.
CITY OF BOYNTON BEACH, FLORIDA
/"A~?:&~
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ATTEST:
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Commission~
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Authsig.WPS
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-----
J< q;L- 2/0
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
,-
DEPARTMENT OF COMMUNITY AFFAIRS, )
)
Petitioner, )
)
and )
)
GARY LEHNERTZ, ) CASE NO. 90-0309GM
)
Intervenor, )
)
vs. )
)
CITY OF BOYNTON BEACH, , )
)
Respondent. )
)
STIPULATED SETTLEMENT AGREEMENT
DATED NOVEMBER . 1992
COMES NOW, the Respondent, CITY OF BOYNTON BEACH, FLORIDA, a
Florida municipal corporation (CITY) and GARY LEHNERTZ, an
individual, (LEHNERTZ) and hereby stipulate and agree as follows:
1. On or about May 15, 1990, and pursuant to Section
163.3184(10) ,and Section 403.412(5) of the Florida Statutes, GARY
LEHNERTZ filed a Petition for Intervention ~n the administrative
proceeding.
Subsequent to the filing of the Intervenor's
Petition, the parties to this agreement have engaged in
meaningful and purposeful discussions resulting in an amicable
resolution of the issues that existed.
2. On or about July 12, 1990 a formal Stipulated
Settlement Agreement was entered into between the DEPARTMENT and
Page 1 of 4
.~
I,
the CITY with respect to the comprehensive plan a. prepared and
tiled by the CITY.
3. In accordance with the terms and provisions of the
Stipulated Settlement Agreement full compliance with the
agreement was estimated to take approximately ten (10) months.
Accordingly, the DEPARTMENT moved for an order abating the
administrative proceedings so as to allow the CITY sufficient
time eo tully comply with the terms of the agreement.
4. The CITY has fully complied with all applicable terms
of the Stipulated Settlement Agreement entered into between the
DEPARTMENT and the CITY.
s. In accordance with an agreement reached between the
Intervenor and the CITY, the CITY agrees that the berm to be
constructed by the developers of the residential development
known as Tradewinds will be vegetated with native plants in
accordance wit~ the landscape plan submitted by the developer and
approved by the CITY. Furthermore, that the native vegetation
will be planted along the entire north side of the Tradewinds
residential development in accordance with the approved
landscaping plan.
6. This is the entire agreement between the parties hereto
and no verbal or. written assurance or promises effective or
binding unless included in this document.
Page 2 of 4
"~C1-1_) /'
'I \ ,~ ... .. .
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by the undersigned officials as duly
authorized.
CITY OF BOYNTON BEACH
Mayor
~
~ /1 (
( L' ..{...{,-t....{.,'\....-'
Date
"/ ~
Attest:
~~"'. ~ ~.-?~.
Ci Clerk
".
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Date
( SEAL)
INTE::ENOR~
G6NtRTZ
DJD/jnn
7/7/92
8/7/91
10/13/92
P/BBDCA
Page 4 of 4
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MINUTES - REGULAR CITl ~OMMISSION MEETING
BOYNTON BEACH. FLORIDA
SEPTEMBER 20, 1994
,
The contract purchaser said is only purchasing thirty-five of the forty-one
lots. Therefore. there ar six lots under different ownership. It does not
make sense to try to sh the cost of the required improvements. Whoever comes
first has to do it. ever. she thinks this problem is go 0 ork itself
out. The contract rchaser has contacted Lennar and i ying t purchase
their six lots.
Commi ioner Aguila moved to appr
of 95, subject to staff comm
s nded the motion.
aria Shlesinger of 19232 Cloister Lake Lane in Boca Raton was present. Vice
Mayor Matson asked h1m 1f the bonds w111 be put into h1s name 1f he acquires the
six lots from Lennar. Mr. Shlesinger answered aff1nmat1vely.
ension to October
yor Pro Tem Bradley
-
The motion carried 4-0. Commissioner Aguila was absent during the vote.
MAYOR HARMENING DECLARED A RECESS AT 10:10 P. M. THE MEETING RESUMED AT 10:16
P. M.
8. Non-Cons.nt At.... - Not unu1-.asly approved by Planntng &
D.v.lo....t
TH V1n1l1' at IQntoft aeach and the V1n1ngs II at
Iopton ilia
CCL Consultants, Inc.
Howard R. Scharl1n, Trustee
East s1de of S. W. 8th Street, approximately 1.400
feet north of Woolbr1ght Road
Stt. Plans: Request for S1t. Plan approval to
construct 548 apartments w1th associated
recreat10nal amen1t1es and s1gnag. on 33.87 acres
Ms. Heyden adv1sed that th1s request was submitted by CCL Consultants for site
plan approval of 548 rental apartments and private recreat10nal amen1ties to be
located with1. the Woolbright Place PUD on a parcel on the east side of S. W.
8th Street, approximately 1,400 feet north of Woolbright Road. This 15 a gated
community w1th one entrance planned off of S. W. 8th Street to serve all units.
The project will be constructed in two phases. The apartment buildings vary in
height. No building exceeds 4011-. The color elevations submitted were dis-
played on the easel. The roofs are tile and the color scheme of the stucco
textured building is earth tones with a dark green stairway and railings.
1. Project Nam.:
Agent:
Owner:
Locat10n:
Description:
The Planning and Development Board unanimously recommended approval of this
request. subject to staff comments, with the except10n of comment 7(1) of the
- 25 -
MINUTES - REGULAR eIT" aJl4lSSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 20, 1994
Planning and Zoning Department memorandwn. They recommended this be reworded to
indicate that the landscaping and fencing required between the Vinings project
and the 14 acre parcel be completed prior to a CO being issued for the first
building in Phase II. They also recommended that one half of the Black Olive
trees prooos~d be substituted .~th a nat1ve species and that Cocoplwns be used
as the hedge material within the buffer.
Richard Wohlfarth stated that a can lift station exists on the property. It was
constructed many years ago. It has been worked out with Utilities that it will
be removed during Phase II of the construction. In addition, it has been worked
out with staff that since 1t 1s a phased project, the reservation fees will also
be paid 1n a phased manner.
W1th regard to a sidewalk along the entranceway of the property, the applicant's
original request was not to have any sidewalks along the entranceway because
this 1s a gated community and there is really no place to walk once you get out
to 8th Street. Staff felt sidewalks are required. not only on one side, but on
both sides. Mr. Wohlfarth would rather not have any sidewalks, but 1f there has
to be sidewalks, he would prefer to construct them on one side only, to be
constructed 1n Phase I of the project, which would be the south side of the
entrance. Commissioner Aguila and Vice Mayor Matson did not see any need for a
s1dewalk along the entranceway. Mayor Hannening felt one sidewalk would be ade-
quate. Mr. Wohlfarth confinned that there will be a sidewalk on the east r1ght-
of-way line of S. W. 8th Street.
Mr. Wohlfarth was in agreement with all other staff comments and thanked staff
for their assistance during this process.
In response to Mayor Pro Tem Bradley, Mayor Hannening pointed out that the Black
Olive is a deciduous tree. It loses its leaves, makes a mess, and has a ten-
dency to block stann drainage. In addit1on, for a little wh11e in the winter,
'sometimes 1t looks a little barren.
Commissioner Katz asked why the applicant objects to provid1ng all native trees.
Mr. Wohlfarth stated that most of the nurseries do not have the ability to
supply the number of trees needed.
With regard to the orientat1on Of a couple Of the dumpster enclosures,
Commissioner Agu1la suggested Mr. Wohlfarth meet with Public Works to make sure
their trucks will be able to make the turn.
In response to Mayor Hannening, Mr. Wohlfarth said the entire lake area and area
roadway will be constructed during Phase I. He agreed to plat Phase I and with
the entire property.
Mayor Hanmening asked if the burrow from the lake w111 remain on the property.
Mr. Wohlfarth said he does not plan to have off-site sales and will utilize the
material on the property.
- 26 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 20. 1994
Motion
-
Commissioner Aguila moved to approve the site plan for the Vinings at Boynton
Beach and the Vinings II at Boynton Beach, subject to staff comments as sub-
mitted here this evening, with the exception of the trees, and the sidewalk on
the south side of the entrance drive. Vice Mayor Matson seconded the motion.
Mr. Hukill stated that the main street is a collector street, and there is a
provision in the Appendix for sidewalks to be constructed on both sides of alr .
collector streets. However, the applicant has been very cooperative. It is a
large development and walks and paths have been provided within the development
that may satisfy the Commiss10n. One of the reasons they are res1sting the
sidewalks is that they do not want people going in that way. Comm1ss10ner
Aguila felt the sidewalk on the south side 15 sufffcient.
Although the app11cant has agreed with comment number 7(h) of the Planning and
Zoning Department memorandum, Ms. Heyden would like to withdraw it. As written
right now, the landscap1ng that is not on their property would have to be
installed if they are the first developer. This opens up the question of who
maintains that landscaping and how it gets irrigated. Commissioner Aguila
thought this was previously dealt with and that landscaping 15 only required on
the property being developed so that it can be maintained. Previous minutes
indicated to Ms. Heyden that it was intended that buffers be installed all at
once, whether or not 1t was on the property being developed. Commissioner
Aguila said that was never his intent and that does not make any sense.
Commissioner Aguila pointed out that there 15 only one ingress/egress throughout
this entire development and that there are over 500 people. He asked what would
happen if there is a blockage at the entrance drive. Mr. Wohlfarth stated that
there are two lanes going in both directions. It is wider than nonnal and has a
valley or gutter where they narrow down to a single lane. Therefore, if a car
breaks down, you can go around it.
The motion carried 5-0.
c. Other
1. tve I ..1 to relDve IwntngS It Cuco's
~...--
MS.ealing an administrative deterqU~
regarding t request to remove the tal awnings proposed above th~~ndows on
the west de of the Cuco's bu1l. g. This building 15 at the nJWtnwest corner
of Boy n Lakes Plaza. Th1suest 15 being filed to appeaJ~taff's adminis-
tra e denial to remove the nings. The awnings are not.iri place yet.
e arch1tectural e v 1993 by the Commission
in connection with nity Design Plan appeal. he appeal was for relief
from the Spanish/Mediterranean roof material a rch1tectural feature require-
ments of the Code. At that meeting, cant agreed to add the architec-
-
.---
- 27 -
MINUTES - PLANNING ANr-- EVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
--
SEPTEMBER 13, 1994
C. SITE PLANS
NEW SITE PLAN
1. Project Name:
Agent:
Owners:
location:
Description:
The V1n1ngs at Boynton Beach and The V1n1ngs II
at Boynton Beach
CCl Consultants, Inc.
Howard R. Scharlin, as Trustee
East side of SW 8th Street, approximately
1,400 feet north of Woolbright Road.
Request for site plan approval to const~uct 548
apartments with associated recreational amenities
and signage on 33.87 acres.
Mr. Haag made the presentation. This is broken down into two phases. The
southern portion would be Phase 1 and include 252 apartment units and a total of
eleven (11) buildings. Phase II will have 296 units and a total of 12 build-
ings. Regarding the surrounding zoning districts, to the north is single-family
residential zoned R-1A; to the east is the railroad right-of-way and an M-1
zoning district; to the south is Morton's Way and the PCD where Home Depot is
located; and to the west is SW 8th Street, a church site and a drainage lake
within Woolbright Place.
This is an undeveloped piece of property where multi-story buildings are pro-
posed. The maximum overall height will be 40'-1". Concurrency for this project
is based on a Court Order and it will be met. There is only one ingress/egress
to the site off SW 8th Street. There are possible areas for emergency access
off Morton's Way. Security gates are proposed for the project with a divided
median entrance. The site will be heavily populated with trees. They have
created a perimeter with trees and shrubs. The landscape Code requires founda-
tion landscaping around the building which is shown on the site plan. There are
recreational amenities which include a leasing office, pool area, pool deck,
tennis courts, barbeque areas, and children's play area. Both phases will have
five recreational amenities. There will be 900 parking. Phase I will self-
support itself for parking. Every apartment unit will have two parking spaces.
There are surplus parking spaces above the two per unit in Phase II. This is a
Planned Unit Development (PUD) and they have established setbacks at 40'. They
are trying to comply with a 20' separation between buildings.
This project is not in a Community Design District. The building is a tan color
with contrast1ng dark green trim for the handrails and stairway. The signage
includes a project entrance sign along SW 8th Street on either side of the
entrance way. There will be many signs throughout the site which have a forest
green pole and sandblasted coral stone finish.
Staff reviewed the request for this large project. There are comments from
every department with the exception of the Police Department. Mr. Haag reported
that the Planning and Zoning Department has a recommendation in addition to its
comments. That recommendation is that if there is any signage which they are
not showing which they have discussed with staff, staff would like the latitude
to approve those signs administratively rather than to modify the sign program
and bring them back before the Board. These signs would have to meet the Sign
Code and blend in with the colors shawn.
- 16 -
MINUTES - PLANNING AND DEVELOPMENT BOARD HEETING
BOYNTON BEACHt FLr-~DA
'WI'
."
SEPTEMBER 13t 1994
I r
~e" it,~. ~CheVer/eo)e~:\ \st. He feels th~yment w111 be made in
v n the p ocessthe/-ap .1i~nt wlll be going t~rough. As of today, the
develope! s ac~no ledged t~at paym nt is due to the qity, and at a t'~e cer-
~~~~"th rde.,~~f~~:~~ ih is,,, hO,rtt\t, he.i, City Co","; s, .syr.) W;l1 acc~t th1 s",;proposa 1
I i I I. i/ if 'i I ,! i Xi . .',
A 1 thou hi .IFi CUS hed~e wH>t 9ft"ow'(erj rap1 d1y ,/Oha 1 rman Lehne tz suggested using
nativ a, '1,' e'rnatives ~htChjwO,. ~ld wqrk jas well.land grow.!, as tho, ck1y a., ",od almost as
raPidlY~!a ~the Ficus~ HW r,~omme~eq a FlorY ~ PriNet! or Coco P1um~ Mr.
Woh1f r,' e qu,'ested a .'. .oPP,~or~".u,. nitY,t dl, work" . ttl staff '~, ur1ng '. the ",pr,pCeStW1th
regar , s e~1es. H ~1 t~d out thflt ev ryone is at~empt1ng tQ/work. th
xerl a. a, ;muCh as . ,SI 1., but ,1f'\ it S deemed to be unusab1..e by e7f~. er
sid 'It t beano~, nal,ongwi;ft/'t Ficus. ,\ /'"
Vl ,e I~halnnan Dub. as.11.d whe~~er r,~ere\.wil~ be tWO:ho~.~,n~rs:,/ass.ocil~t1ons with
a ma~ter association ~r thisi\,developme t / Mr. WO~1fa~th!saiF.' th' m,ulti-family
is!aii~ental project which wl1:~ be maint ed by an \o,ver~l1l' a~SOClltiion. There
;~~". ~i."i~~t~g~i~~,e, t~~.'.",t1t;~~~i ~~u~;:,~".,o ~:ct Sl.~~~:-~~: ~~,rg,~'. i ~,!', P~:i~.O,e."~. ,1~",~, ~~ s l,;,ster
th'le are twod;(l.ferent maintenanc, companies, one/~id~: ld be 9r:ow,ing, while
th,' other side/is';not. Probl. r04iy arise re,gardlf1~~O ,hou1d mifnf.ain the
he e. A master assoclation,lcUtt1ng and maintainfn, ,'qlally, wO.u1di'eliminate
any pr90P 1 em. }Mr .Woh 1 farth said that wii th regard! to \ e rI1a i ntena~ee, of the face
of ttil, ~edge pn the multi-faml1y site w111 be mathtal ed ~y Tr~~t Crow and
its S~bS1dia~ies. Regardlngth,e topping of the hiedge, he i,COnJnittt,d.,,, !,/jto topping
the ,ntlre h~ge at. the same ,time. I \ il
:~i:ld~n jved torecomnen~ approval ~r tl.e maiter plan ~1flcllon for the
Wool~right Pilace PUD\ subm1tt'd ;by Howard,Scharl t,..~' Trus,tee, for md,difications to
t.h~ ~pproved;'lmaster plan to ~nclude revis,ed acce~s points off SW ~th Street and
Mort~"'s Way':~ a phasing plan. ~ubdlvfded""Llltl-f~lly pa,rce1s and,ia landscape
buff_r and s;stbacks between the subdivlde~parCe~ls, subject to stalff comments.
ViCe!~hainna;n, Dub! seconded ~h~ motion, wH,~'Ch carried 4nan1mously.\
H \., i, \ 'I '.\,.1 '!
EX~EPTION !Q PLAnING (~ge"da materla l\s f0171 thi s rrequest wi 11\1 e distri-
\\ \ ' '\ bute~ at the mee\~1ngo/1j A c~leteapPli tion has
.\i \' no)~ yet been rec~ive~q "
2. '~\\ rOj~\ NaIIIe: \ TIl' .1nll1tS at BIlC]n ...~~ .
\ ner~ \ \ Ho~rd Scharllnt ~~ee 'jj \
entl\l~ '\, al .' ~rd Wolfarth, CCl Consuftanh"Inc.
U caU\~n: \\No I. Heast corner of SW 8th Stre.t and Morton I sWay
Descr1p"t ion: \(Re, ',,~st to further subdivlde Tra~t q, the undeveloped
.,\\ \ t1'-family/dupli,X designed pare,el ,pf Woolbright
I,. \,,'\' Place Plat No. 1f' by spllttlng th~ :ll!, .87 acre parcel
. \\~ into two parcels., ~..
Thls,apPllca~lo~ was withdrawn by the applicant and. therefore~t was deleted
earlier in t~e meeting.
- 15 -
MINUTES - PLANNING AND ~VELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 13, 1994
Although there were staff comments from all departments, staff recommends
approval of the project. Showing compliance with the comments will not
substantially affect the concept of what they are doing. These are technical
comments and staff does not believe there is anything involved which will
significantly change the design.
In response to Mr. Walsh's question, Mr. Haag advised that neither the Police or
Fire Departments had a problem with the single entrance road.
Mr. Weigle questioned whether these buildings are being built to 1988 Codes or
current Codes because of the Court Order. Mr. Haag stated that in the past, Mr.
Morton has worked with the Building Department to meet the current building code
requirements. Mr. Morton said everything which is public safety will be
addressed as to the latest issues.
Mr. Rosenstock referred to Pages 10, 11 and 12 of the staff report and asked for
assurances that those comments will be complied with. Mr. Haag advised that if
this Board recommends approval subject to staff comments, and the City Commis-
sion does the same, then all comments will be complied with at building permit
time. Mr. Rosenstock questioned whether or not the applicant has indicated he
intends to comply with all comments. Mr. Haag said the only issue of concern at
present is the mailbox issue. During a meeting with the applicant last week,
Mr. Haag did not feel there were any objections to any comment other than #7i of
his staff report. Ms. Heyden clarified this issue with the applicant tonight.
Chainman Lehnertz referred to Paragraph 3 of Page 20 of the staff report which
was Recreation & Park Memorandum #94-215 from Charles Frederick to Jim Cherof,
dated June 9, 1994, concerning the Tradewinds draft agreement. Ms. Heyden
explained that the City has been working with Mr. Morton to revise the
Stipulation Agreement. A number of issues have arisen which the City thought
were clear and after putting them to the test, they are not clear. We are
working on this.
Mr. Rosenstock recommended that this Board either approve or disapprove this and
let the City Commission decide whether or not it is complied with. Chainman
Lehnertz stated he is interested in anything which is environmental. He is
interested in what is contained in Item '4 of Mr. Frederick's memorandum.
Mr. Morton said that about eight months ago, at a City Commission meeting, they
voted to have the Mayor meet with the developers, City Attorney Cherof and City
Manager Miller to work out some open issues which had been presented to the City
Commission. They came up with solutions to problems both sides had in trying to
get answers to unanswered questions in the Settlement Agreement. A draft of
that proposal was prepared by Attorney Cherof and there is still one issue the
developer is attempting to work on. That is the reason why it has not yet been
brought back to the City Commission for final approval. They are almost
completed and it should go back for final approval very soon. Item'4 is one of
the items in the agreement.
.
Richard Wohlfarth said they are in agreement with staff's comments with regard
to the presentation. At this point, he wished to clarify a few items.
-- 17 -
MINUTES - PLANNING ~ DEVELOPMENT BOARD MEETING ~
BOYNTON BEACH. FLORl!rA
SEPTEMBER 13. 1994
Regarding the location of the mailboxes, traditionally they are located in the
breezeway areas. The applicant would like to leave them in that location, but
that is subject to Post Office approval. If the Post Office requires a kiosk
type system, they will modify accordingly.
With regard to Item 7i, it is his understanding that when the 20' buffer is
constructed, the timing will be either the first CO of Phase II multi-family, or
first CO of the construction of the 14 acre parcel, whichever comes first. They
will comply with that condition.
Regarding Pages 10, 11 and 12 of the staff report, the developer is substantial-
ly in agreement with staff comments with some qualification. On sidewalkst in
this type of project, a good circulation plan for the residents to get around
the property to the activities is provided. As to external circulation, there
is a sidewalk planned on 8th Street. With regard to any other connections, they
will comply with all requirements in the City Codes as they relate to sidewalks.
Mr. Rosenstock recommended that the developer consider building paths for people
to walk along to keep them off the road. He feels this is to the benefit of the
developer. Mr. Wohlfarth stated that the developer was nodding in agreement and
will consider this suggestion.
Chainman Lehnertz stated that he has had a long and varied history with this
project. One of the things that came to mind was a site plan Mr. Morton brought
before this Board and the City Commission a while back. There are significant
areas within this project which are scrub upland habitat which is an acquifer
recharge area and is very scarce within Palm Beach County. Mr. Morton did an
exceptional job of laying out where all the areas containing Scrub Pine and Live
Oak were located. He used overlays to work the buildings around the existing
trees. He pointed out that that is not obvious on these plans. He feels
everything on this property will be cleared out, and then the developer will go
back in and replant. The City Forester had deemed certain trees to be pre-
served. He questioned whether or not the developer has considered this
situation.
Mr. Haag explained that there were sites on the old site plans which were pre-
served. Mr. Hallahan is working with the applicant. The landscaping shown on
this plan is all new. Chainman Lehnertz feels this is one of the worst things
to do from an environmental standpoint.
Bettina Scherer of Trammell Crow. said a tree survey was done recently. There
are 144 Slash Pines and one Saba1 Palm. The Saba1 Palm will be relocated on the
railroad section. The Slash Pines are not protected trees. Because of the size
and location and the changes in foundations planned, they probably would not
survive. They feel a better plan has been provided with the species planned.
The City Forester reviewed it, accepted it and has no further comments.
Chainman Lehnertz said he had met with people from Mr. Morton's office who did a
great deal of work on identifying clusters of Slash Pines and working around
them~. He is disappointed with this proposal.
18 -
MINUTES - PLANNING AND VELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
SEPTEMBER 13. 1994
Chris Wheeler. Dlrtner in Tr~ll Crow. said the customer will pay to look out
the window and see a lake. They don't want to see sand and Scrub Oak. Mr.
Wheeler said he is an adamant environmentalist. but in this case, where it is a
for-profit development and the customer wants water. not Scrub Oak. an economic
decision was made to build that. They have chosen to redeploy their profits in
terms of environmental contributions to mitigate what is done in these cases.
Chairman Lehnertz advised that he has been told there is a viable population of
Scrub Jays on the site. Ms. Scherer said they have spoken with Fish and Game.
Ms. Heyden and Attorney Cherof to confirm that there were no outstanding
environmental issues. She wrote to Fish and Game, who responded tpat there was
nothing of concern on the site.
Mr. Morton advised that back in 1990. gopher tortoises were relocated to a
suitable habitat. Chainman Lehnertz said he has not been on the site because of
"No Trespassing" signs, but he has been told by people who were on the site
doing surveys, that there are gopher tortoises on the northern part of the site.
He recommended this situation be investigated concurrent with this development.
Mr. Morton said he possesses a letter which released the site from gopher tor-
toises. They are not aware of any new tortoises.
With regard to the plants and trees, Chainman Lehnertz made a recommendation
that the 248 Black Olive trees be replaced with native species which would pro-
vide the same shade and canopy and not be so invasive. He recommended
increasing the number of Live Oaks. planting Paradise trees, Gumbo Limbos. He
further pointed out that the 25 Ficus trees are invasive trees and on the list
of concerned species. The Ficus hedge could be replaced with Coco Plum or
Florida Privet. He noted that none of the ground cover proposed is of a native
variety and recommended replacing it with native vegetation.
Mr. Wheeler appreciated the comments on native species, but pointed out that it
would be difficult to obtain the amount of native species needed for a site of
this size, and to pay the cost of Live Oaks compared to Shady Lady or Black
Olives. The only invasive species are the 25 Ficus and the Black Olives. If it
is possible to get Coco Plums for the right price, they will replace the Ficus
hedge. He explained that it might be difficult to buy 1.600 shrubs of a native
species. He said he would do whatever he can to get as much native'material on
the site as possible. However, he further pointed out that the customers do not
want to look at native materials. They like an exotic look. It is important to
satisfy those customers or they will not rent the units. He will discuss this
with his Landscape Architect.
Chainman Lehnertz said he has a problem with an applicant saying, "I understand
your concern and will do the best I can". To him, that means the applicant can
say he did his best, but the end result will be exactly what is on the plan.
Mr. Wheeler said he will comply with everything the Code requires and he will
give his best efforts on those issues not in the Code book.
.
Mr. Rosenstock suggested Chainman Lehnertz make the motion since he feels so
strongly about his recommendations.
- 19 -
MINUTES - PLANNING ~ DEVELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
...,
SEPTEMBER 13. 1994
Motton
Chainman lehnertz passed the gavel and moved that we recommend to the City
Commission that the site plan for the V;nings at Boynton Beach and the Vinings
II at Boynton Beach by CCl Consultants, being a request for site plan approval
to construct 548 apartments with associated recreational amenities and signage
on 33.87 acres be approved subject to all staff comments with the exception of
the Planning and Zoning Department.s comment 7i which has been changed to be
done on the first CO. Further, he stipulated that the Black Olive trees and
Ficus trees be replaced by native species and the Ficus shrubs along the buffer
be replaced with a native species of shrub.
Mr. Rosenstock said the residents want instant landscaping when they rent. They
want what will grow the fastest and give the best canopy and coverage. He sees
nothing wrong with some Black Olives. He recommended giving the developer some
leeway.
Chainman lehnertz amended his motion to require that half of the Black Olive
trees (124 trees), the Ficus trees and the Ficus shrub be replaced with native
species.
Mr. Rosenstock said that in his community, the Ficus trees are the biggest
problem existing. They are removing every Ficus tree in the community.
Mr. Walsh seconded the motion.
Mr. Rosenstock recommended voting for the motion, and the developer should give
serious thought with complying because it is to his benefit. The developer is
making a mistake putting a Ficus hedge in the middle of the development if only
for maintenance purposes.
Vice Chainman Dube said the same problem exists in his community; however, he
has a problem with the motion since he is a developer and a general contractor.
As such, he feels this motion is too restrictive. This motion is mandating the
developer to do certain things.
Chainman lehnertz said the plan lists 248 Black Olives. His suggestion to make
that 124 of another species should not be very detrimental. There are 25 Ficus
trees, and replacing them should not be a hardship. There are 1,600 Ficus
hedges. He is willing to mOdify the motion to make half of those hedges a
native shrub. This is the buffer between the multi-family and the single-family
projects.
Chainman lehnertz amended the motion so that rather than replacing all of the
Ficus hedge, only the Ficus hedge along the buffer between this parcel and the
14 acre parcel should be the native hedge and allow them to do whatever they
want with the remainder. Mr. Rosenstock felt this was a much more reasonable
request.
Mr. Walsh agreed with the amendment to the motion.
Mr. Haag questioned whether or not Chainman lehnertz was concerned with Item 7h
on Page 22 of the staff report. Ms. Scherer said they are concerned with Items
7h, and 7i as they all relate to the 20. landscape divider between the 14 acre
parcel and this parcel. Ms. Scherer then corrected her statement to advise that
"h" is acceptable.
- 20 -
MINUTES - PLANNING AND ~~VELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
SEPTEMBER 13. 1994
Mr. Wheeler said the purpose of the Ficus trees is to achieve instant impact.
He routinely removes one-third of the Ficus trees on every project he deals with
every year. Mr. Wheeler said he knows the 25 Ficus trees will number 15 in two
years, and in two more years they will be eight, and in four years, they will be
gone. He needs them on the site for the instant impact. He asked that con-
sideration be given to their past track record on thirty-five projects. They
are removed for the reasons stated, but it is economically feasible to include
them for instant impact. This is the reason why there are only 25 Ficus trees
on 33 acres. The Coco Plum is a reasonable compromise and it is not an issue.
Mr. Rosenstock would like to see the property developed and said he supports the
developer. However, he feels the developer should consider the concerns of the
Board members. He does not believe there is a big outlay of funds involved to
investigate this issue to see what can be done about it. Mr. Wheeler agreed,
but requested that the Board allow the 25 Ficus trees.
Chainman Lehnertz said this site, prior to this developer coming in, was rated
by the County as an Al environmental site. It was a prime site in the County
for a native habitat. It still contains native scrub habitat. There is only 2%
to 3% of the original upland scrub habitat left in Palm Beach County. Chainman
Lehnertz feels the Board is asking the developer to compromise. He does not see
where 25 Ficus trees should make any difference on the viability of this proj-
ect.
Mr. Rosenstock pointed out that the developer has agreed to put in the Coco
Plums and give the other trees requested. He will eventually have to remove the
Ficus trees. He recommended the Board give a little more. The City Commission
has the final say on approval of this project.
Chainman Lehnertz modified the motion to delete the request to delete the 25
Ficus trees. Mr. Walsh seconded this motion.
Chainman Lehnertz clarified that the motion is to approve, subject to all staff
comments with the exception of Item 7i, which will be done at the first CO of
either Phase II or Phase C, to substitute native species for half the Black
Olives and to substitute native species for the Ficus shrubs along the buffer
between the 33 acre and the 14 acre parcels.
The motion carried unanimously.
Vice Chainman Dub! requested that the minutes reflect the fact that the repre-
sentatives present have agreed to the changes.
-
D. TIME EXTENSION
1. Project Name: /Boyntl)ffliieijU'O
,,// Plat 5 - Bflt Homes . ...... .. ,;.:cc=o"-='-'--~
Ag!!nt-:"--.' ROb~-t''''': comer_UJlCx;;;:~;:;;'-~-- . /'-
__ / /Real Est~Et~eco'very, Inc. "~>
/"<// Owner:--;;:::::-~- Res9.1Jl:tfon' Trust Cor~on ,...;;.,.;:;..."OC~cc-~=:.:;.
~/ Locationy.."..-Cm'f9ress AvenuQ/ / laza Lane, so_~_tJl~s-t-"eorner
Descri~::::=- Request for an dditionaJ,::-9ne-."eat time extension
to site plan a ~oncurrency exemption and
construction of required improvements.
- 21 -
MINUTES - PLANNING~ DEVELOPMENT BOARD MEETING ~
BOYNTON BEACH. FLORlnA
SEPTEMBER 13. 1994
Ms. Heyden made the presentatton. If approved, this request would extend the
expiration of the site planto October 15, 1995,an~ would exempt the project
from all of the Cityls con~rrency levels of servi~e and allow the applicant to
complete construction of;i~he remaining infrastructure by October 15, 1995.
/ ,
/
Since the 1991 approv,a'l of the site plan, the property went into receivership.
In February of 1994,?'the City Conmission approved a time extension for eight
months only until .actober 15, 1994. There were conditions attached to that
approval. Some 9,1 the conditions have been complied with, and others have not.
Those condition,tare carried over as staff conments as part of this project.
Many of the r,:equired infrastructure improvements are in place such as streets,
J .'
street 1 ighp:S, utilities and sidewalks. l;J1e construction ceased just prior to
the City a~tepting some of the required/improvements. This is a project which
is near ~9fupletion. It is a townhous~project which cannot be designed for any
other type of use without major demoJ1tion.
/7 i
In st If IS opinion, a great peal of effort has been made toward completion of
the p. oject, and they recommend ,the request be granted through October 15, 1995
subj ct to two co ~~ts. ~ne cbnment is from the Engineering Department
re rding the sub ,ittal Q.t surety and a cost estimate for the remaining infra-
st ucture improvents ;4nd. the other conrnent is from the Utilities Department
. h regard to e pay~n~, of reservation fees.
, l '.'
Mr. Schlessin r inf~ed Ms. Heyden at the beginning of the meeting that he has
contacted Le ar wh9"is. interested in selling their six lots to Mr.
Schlessinge. Thi~w1Tl result in a un~fied project.
I .'
Motion ~I
Mr. Golden move .' ,6 reconrnend/approval of the time extension for Boynton Lakes
PUD Plat 5 Best omes submit~ed!by Robert Comerlinck for an additional one-year
time extension 0 site plan/approval, concurrency exemption and construction of
the required improvements,!subject to staff comments. Mr. Weigle seconded the
motion, which carried unaai~usly.
COMMENTS BY MEMBERS
Ms. Heyden advised th .A is now time to renew the susbscription of the
Planning Conrn1ss10ner ~ournal. We are currently receiving six subscriptions.
The cost is $32 for ~'first subscr'iption and $5 for eaC,h'additional subscrip-
tion. If each memb subscribes,.the cost will be $8.00'per subscription. Ms.
Heyden circulated a sign-up sheet~
Mr. Rosenstock referred backto'the Miami Subs application and pointed out that
the developer only rece1ve~it'aff conrnents or\' MO~6f'ay. He felt. t....h~.t did not pro-
vide enough time for him tV..roperly addres;lt~". conrnents. ;,
Ms. H~yden advised that staff met with the~~'cant on the ~rSday afternoon
to review every comment.
. - 22 -