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'- ,Lfe '- <<. /' I I I - TABLE OF EXHIBITS - Exhibit A - Property Subject to Declaration B - Description of Common Areas iv . I \ ENGINEERING DEPARTMENT MEMORANDUM NO. 91-009 January 16, 1991 TO: J" Scott Miller City Manager FROM: Vincent A. Finizio Administrative Coordinator of Engineering ." I RE: Easement Deed Prepared by Tradewinds Group 902 Clint Moore Road, Suite 124 Boca Raton, Florida 33487 Woolbright Place PUD, Plat #1 Sketch and Description of Water Management Easement ~J. In accordance with our most recent discussion relative to the above referenced Easement Deed, please find a copy of an executed Easement Deed and attached survey and description of the Water Management Easement, Woolbright Place PUD, Plat #1. The sketch and description of the Water Management Easement depicts the existence of a Water Management Easement situated within Lake Boynton Estates, Plat #2 and Lake Boynton Estates, Plat #3. During our meeting, for the subject property, we discussed the potential negation of this document when the final plat of Woolbright Place, Plat #1 PUD is recorded with the Clerk of the County offices. As you have requested, I am providing you a copy of all the documents, including my Commission agenda item for said easement where I described the potential for the negation of this important document as a result of the recordation of the final plat of Woolbright Place PUD, Plat #1, Should you deem it reasonable to transmit this information to the City Attorney for a determination relative to whether or not corrective procedures need to be implemented in order to insure that this Water Management Easement is properly maintained within County and City files until such time as the South Flo~ida Water Management District permit for the subject property can be modified, please transmit the attached documents to the City Attorney for his review, Please advise, RECEIVED JAM 16 e\\ PLANNING DEPT. J. ~ ~. - -\ A -:-L~ Vincent A" Finizio - ~ VAF/ck attachments: Commission agenda Item #279 Executed Easement Deed and Survey & Description cc: Christopher Cutro, Director of Planning W. Richard Staudinger, Gee & Jenson ._ .__."_'" ___'..",_""_'" ..___ "H___~"______' :, : I '/ / ENGINEERING DEPARTHENT HEIIORANDUK BO. 9O-Z19 '0 \ \... \' AGENDA ITEM . \'.. ~ '\ . '\ ,,\./ . November 15, 1990 ,x{-' ,::>' (\ '\.Jr . , . . TO: J. Scott Miller City Manager FROM: Vincent A. Finizio Administrative Coordinator of Engineering RE: TRAnF.WINOS EASF.HENT OF-En nATF.O NOVEMBER 13. 1990 WOOLBRIGHT PLACE, PJ~T II - P.U.D. TRACT D - WATER MANAGEMENT TRACT .~ PleARe be advised that the Engineering Department for the City of Boynton Beach, Fl has completed a review of the Tradewinds Group easement deed submitted to this office by the City Attorney, James Cherof, Esquire. The intended deletion of Tract n nR depicted upon the Woolbright Place, Plat #1, P.U.D. final plat sub- ./ mission may' impact the pre-treatment and storage capabilities of the P.C.D. and the P,U.D. As this water mAnagement tract was indicated upon plans previously submitted to South Florida Water Management District in order to obtain the appropriate construction permits, it is my recommendation that the City Commission withhold full final determination in this"matter relative to accepting the eAsement deed, until such time as the Developer's Engineer, that being Stanley Consultants of Florida, Inc., resubmits to South Florida Water Management District those appropriate construction plans embossed, signed, and dated to the appropriate South Florida Water Management Oistrict permitting department in order to modify their existing permit, My staff has reviewed the attached legal description and drawing depicted as Exhibit "A", attached and made a part of the easement deed. The attached .sketch and descri tion titled Water Mana ement Easement Woolbri ht Place, P,U,O~ indicates the existence of Lake Boynton Estates, Plat 2 and Lake Bo nton Estates Plat 03 as ro erties ad oinin this tract. The final plat for Woolbright ,Place, Plat I no longer indicates Lake Boynton Estates. Plat 02 nor does it indicate Lake Boynton Estates, Plat #3, therefore the sketch and descr! tion titled Water.Mana ement Easement Woolbr! ht Place Plat '1, P.U.D. should be revised to delete references to the aforementione La e Boynton Estates plats, including the revision of the sketch and description known as Water ,Management Easement to indicate. Exhibit "An and the appropriate title of the plat in which this tract is situated, that being Woolbright Place, Plat 'I, P,U,D, This memorandum has been generated in conjunction with Gee & Jenson, our City's Engineering consultant, in order to guarantee that neither the P.C.D. nor the P,U.O. will be damaged by the applicants proposed actions relative to deletion of this tract from the final plat submission, an action that may adversely affect pre-treatment and storage capabilities for both plats. ~~;nt 1: ~i~';~~(5-- VAF/ck cc: Christopher Cutro, PlanninR Director James Cherof, City Attorney (\~. K.'/(\./81 PREPARED BY: Tradewinds Group 902 Clint Moore Road, Suite 124 Boca Raton, Florida 33487 EASEMENT DEED THIS EASEMENT DEED, made this 13th day of November, 1990, by and between Tradewinds Development Corp., party of ~be first part, and the Woolbright Place Master Association, Inc., party of the ,second part. WITNESSETH: That party of the first part, for and in considera- tion of the sum of TEN ($10,,001 DOLLARS, and other good and valu- able consideration to them in hand paid, receipt of which is hereby acknowledged, has granted, bargained and sold, and by these presents does grant, Qargain, sell and release unto the party of the second part, its successors and assigns, a water management tra'ct to be maintained by the party of the second part, that parcel of land located in Palm Beach County, Florida, descr ibed on Exhibit" A" attached hereto and made a part hereof as if recited at length for maintenance as a Water Management Tract" Party of the first part does hereby specially warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claiming by, through or under'it, that it has good right and lawful authority to grant the above described easement and that the same is unencumbered. Where the context of this easement deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, party of the seal the date first-above written. hand and Michael Morton, Pre~ident Tradewinds Oev.lopm~nt:. Corp. ", ....... r, ", _. _ ~ , , '!'" STATE OF FLORIDA COUNTY OF PALM BEACH <. I HEREBY CERTIFY that on this day, before me, an officer duly author ized in the state and county aforesaid to take acknow- ledgments, personally appeared Michael Morton, to me known to be the person described in and who executed the foregoing instrument and he acknowledged ,before me that he executed the same. WITNESS my hand and official seal aforesaid this 1st day of November, county and state last ." '. . .., t. .. Notarv Public, Statt of florido ".: "'1 Commission bpi,..,. 25, 199a.1, .~ ...,..... nw '''' .........".-.... _ ' '. ., i' , .' '1!" ,. (J) :r o .---0 ~~, ~(f) ~o .,.., ... -0 G>~ </>0 -0 UJr -..jcu ~::u (JJ- COG> ~:r: --t :-0 () . o ~ c__~-- RO.C. SE. COR. SE C" 29 TWP. 45 S. . ROE, 43 E". , ):> ?C _1Tl ;t)CO ~O --( .P'Z -0 0-4 en ~Z ~ o U1 I'Tl '" VI (I) en (/) -!"'"'I .. ~ ~~ o r1'l;e ~ (J) . - -u (.)I. I"" ~ ~g OJO )0. - f\) --.I - . (.)I en . ! / ,I I -'" ~ ()I Q) en . . @ ! z Q) co o N Ol . OJ ~ ", -...I 01 o . o o .. N (1t o . o -.. ~ 1302..55' -- - - NOlo34' t6"W EAST LINE SECTION 29 I DATE 11'14.90 IBC~ ~ I" II 12.01 STANLEY CONSULTANTS OF' FLORIDA., lNC. SOI03~r 16"E 85.00 :-u o . CD \ _ _ t~.?!. 8 2' 2626. 37'1 ..' . NOT IHCIHlr-. . ..LoA......". . ."",.,VOftI 1000 1..0IlI-"0 1ITflI11l, win ""'L" .IAeli. n Doll'" .-f.e.u.,.... -- SKETCH AND DESCRIPTION WATER MANAGEMENT EASEMENT WOOLBRIGHT PLACE P.U.D. t0310-WM ~O"d 6~:St 06'~t AON ~l90 l~8 . O~! 131. \ \ to. r ):> ^ _rrl ~OJ ~O -...( ~Z .. -t ;H~ . fTI _'t(f) 2!~ ~ f11 (f) -0 r )::.- -t N ., or --~ A,SURVEY SHEET I OF 2 NOV , It 1990 ISEAL} .f' p~SCR T PT I ON:_ AN EASEMENT FOR WATER MANAGEMENT PURPOSES OVE~ A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43 EAST, CITY OF BOYNTON BEACH, PALM BEACH COUNTY. FLORIDA, BEING A PORTION OF LAKE BOYNTON ESTATES PLAT 2 AS RECORDED IN PLAT BOOK 14 AT PAGE 17 Of THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY, AND A PORTION OF LAKE BOYNTON ESTATES PLAT 3 AS RECORDED IN PLAT BOOK 13 AT PAGE 53 OF SAID PUBLIC RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 29 RUN NOS.34'16"W ALONG THE EAST LINE OF SAID SECTION ~ DISTANCE OF 1302,55 FEET TO THE NORTHEAST CORNER OF SHOPPES OF WOOLBRIGHT p.e.D. AS RECORDED IN PLAT BOOK 65 AT PAGES 137-138 OF SAID PUBLIC ,i RECORDS: THENCE SSS-2S'13'W ALONG THE NORTH LINE OF SAID PLAT A DISTANCE OF 250.01 FEET; THENCE. DEPARTING SAID NORTH LINE, AND PERPENDICULAR TO THE PRECEDING COURSE, NO.1. 33 ....47 'I W A DISTANCE OF 105.00 FEET TO THE ~aINL ~ BEGIN~ING. FROM THE POINT OF BEGINNING RUN S8S-2S'13'W A DISTANCE OF 750.00 FEET: THENCE N01"S4'1S"W A DISTANCE OF 85.00 FEET; THENCE NBS"2S'13"E A DISTANCE OF 750.00 FEET; THENCE S01.34'16~E A DISTANCE OF 85.00 FEET TO THE POIN~ ~ BEGINNING. THE ABOVE DESCRIBED EASEMENT COVERS 1,463 ACRES MORa OR LESS. c;~TIFICA)ION (NOT YALID UNLESS EMaQSSEO ~ITH A LAND SUBYEYORS SE.AL) WE HEREBY CERTIFY. THAT THIS SKETCH AND DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF OUR PROFESSIONAL KNOWLEDGE, INFORMATION ANO BELIEF. STANLEY CONSULTANTS OF FLORIDA. INC. sri;; ?:~ PROFESSIONAL LAND SURVEYOR FLORIDA CERTIFICATE NO. 4722 '. " ..' , ,~ NOT A SURVEY SHEET 2 OF 2 STANLEY CONSULTANTS OF" FLOFUOA, INC. -- ....'. .' , ~""'.A,,' .~~ '. ~>~O\,: 'r-.( mSb .... " '.' .'- ."' - : 'tSEA1..l': .. ~ ~.: "'. :.. ., .... A....~ ~ ..' ..:.i::~~.: .:.} <~ /' INa'""I"" . "&.A""""'''. . ,u"vtymtl ItOO Lo-.."O ~.n. ..t'T "LM ..Aett, PI" ~.,. ...."...."..... ID4T! 11,14,90 lsc.tU NONE SK ET C H AN 0 DESCR1PT ION WATER MANAGEMENT EASEMENT WOOLBRIGHT PLAC E P. U. f>. ~n'rl ('I~:C;T nh't7T Afl~l17l90 2:178 'Ot~ l31 TO: FROM: DATE: SUBJECT: ~ 1- :.,. //J -.' }' ~' '..r ~_<..._ .. - _.1.-. ~-_.. OFFICE OF THE CITY MANAGER "7e; --. '-' 0-- John Guidry Director of Utilities Carrie Parker " 0 City Manager U January 5, 1996 Complaint On October 30, 1995 my office faxed the attached complaint to your office, Please let me know the status of this complaint. Thank you, CP:jc Attachment ~ I. C' (t/t ~~~~ / ~, ~~\; '( '10t f\J \r ~ ~ ~~ . 1\ ~~~ '\yt",~~",,,,~,, ~'1J- X), --,If\ ;;t.1 ~ ~ I'-~ ,.t f::-.~ V ,'j(1\? (' \J' ~ /)' ~ \ JJ()D(bhjq j(~ I~ I ! ~- "'Jl0v1t~1 10 I An Eleanor of SW 4th Ave" called Oct. 30 around 9:50 a.m, with the following complaint. She is the mother of Gina Schiefer, who lives at the residence, Eleanor said the city placed hills behind everyone's house but theirs because they are on a corner, And that the city closed the drainage ditch, With all of the rain, her street and house were completely flooded with water just sitting for a day and a half, She said she has spoken to Mark Law several times, The city has been there to pump the water, but sewage is now sitting stagnant in front of all of their houses" She says this is not healthy, not to mention all of the mosquito problems" She would like a call back today to know what the city plans on doing about this whole mess, She claims this is all of the city's fault and is threatening to sue the city to recover from all of the water damage to her home and belongings" Her phone number is 737-8881, She said she might be in and out later this afternoon, i~ MEMORANDUM Utilities #95-392 V / 'Vl./ / ~~ )VJ' ~ ~l)J , DRAFT TO: Carrie Parker, City Manager FROM: John A. Guidry, Director of Utilities DATE: December 18, 1995 SUBJECT: Storm Water Problems 600 Block of SW 1st, 2nd, 3rd and 4th Avenues The area in question is a single family community. Most of the homes were constructed during the late 1960's and early 1970's. The Utility Department has records of the domestic water system and the sanitary sewer system. We have no records of a stormwater system. During the heavy rains in October of this year, we experienced considerable flooding in these areas. Our crews responded with our pumping equipment and proceeded to pump out the flooded areas. The major purpose of this memo is to advise you of the causes of the flooding. After a majority of the water was pumped out, we found an existing storm water system. This system is shown on drawing A and highlighted in green. To date, in our search of our records and the Engineering Department records, we can find no drawing which indicates this stormwater system exists. The next problem is the matter of the right of way of the avenues in questions. During the replatting process of the Tradewinds property several years ago, the developer requested the abandonment of the right of way as shown on the attached drawing B. Those sections of the right of way contained the existing stormwater system, Based on that approved abandonment, we now have a stormwater system on the developer's property without benefit of right of way or easement. Because of this situation, we do not have access to the pipes in question to do the necessary maintenance. We were also advised by the resid~s in this area that the developer filled the property and created a earth berm along the~ side of the property. We can confirm the berm and that its construction would not allow water to drain as it had in the past. It is our understanding that the Building Department has issued no permits for filling the property in question. The final matter ~ &Is is that the stormwater system might have been damaged during the filling process. We will not know unless we are granted access to the property. ~~ %e City of 'Boynton 'Beach 100 'E. 'Boynton 'Beadi 'Boulevard P.O. 'Bo;r..310 'Boynton 'Beacfi, Jlorida 33435-0310 City :J{aU: (407) 734-8111 ~5lX: (407) 738-7459 December 18, 1990 Michael Morton, Tradewinds Group Congress Corporate Plaza 902 Clint Moore Rd, Suite 124 Boca Raton. FL 33487 RE: Woolbright Place PUD/PCD Dear Mr. Morton: Records indicate that the Tradewinds Group. developers of Woolbright Place PUD/PCD, have obtained Health Department penmits for the following water main extensions: 1. Off-site crossing Woolbright Road, and along SW 8th Street, up to the Industrial Access Road; 2. On-site for Home Depot; and 3. Off-site for the northern portion of SW 8th Street up to Ocean Drive. These water mains have been constructed. and it is my understanding that they have been accepted for operation and maintenance by the City. The Utilities Department has set aside 537 ERC's (Equivalent Residential Connections) for the subject development~based upon information that there would be approximately 650 dwelling units (1 & 2 bedroom) on the site. As of January, 1990, the Health Department considered one ERC equal to 350 gpd's. with a 2-bedroom apartment utilizing about 300 gpd, and a I-bedroom about 250 gpd. This distinction betwen ERC's and dwelling units leads to the discrepancy from 537 to 650 reserved ERCls. lU'CElYED 48 l8 _ ; PLANNING 0&1. - -- 5lmerica's gateway to tlie (julfstrcam November 30, 1990 City of Boynton Beach 100 East Boynton Beach Blvd, P"O" Box 310 Boynton Beach, FL 33425-0310 Attention: Mr" J. Scott Miller City Manager Re: Woolbright Place PUD, PCD Tradewinds Group Dear Mr" Miller: Congress Corporate Plaza 902 Clint Moore Road Suite 124 Boca Raton. FL 33487 (407) 994-3133 Early in November I wrote to advise you of our concern reg~rding the City's utility being able to supply ade- quate water services to our development, I received your response on November 14 and, of course, subse- quently read in the newspapers that several projects were released from the moratorium that had been placed on utility, It is our position that despite the fact that steps are being taken to increase capacity, the remaining current capacity was and should be reserved in our favor per the settlement agreements of 1986 and 1990 that were entered into, As you are aware, we have plans being prepared for both the PUD and PCD that may be submitted before the year is out" I believe it is the responsibility of the City to insure that adequate water and sewer capacity remains available for these submissions. I am not looking for a legal confrontation, but I do believe ex- pending the capacity to a point where none remains is a violation of our settlement agreements, I would like to meet with you and the Utility Depart- ment to receive the necessary assurances that my pre. ject C' 1 IlIove forward" Please con-tact me a't your soones Michael Morton MM/dob cc: Honorable Mayor Moore and City Commission Ron Kolins, Esq", Moyle, Flanagan James Cherof RECEIVED DEe 4 1990 CITY MANAGER'S OFFICE 12-U3:\lU 11:U1 T radewinds Group Congress Ccrporate Plaza 902 Clint M:lOre Road SL.lti 124 Boca Ra:on. Fl ~7 (4:)7) 994-3133 .000-lIU j ,,-Ill Ub-llb ~uU2 l^.~~~.~U~ ~^UL~ November 30, 1990 City of Boynton Beach 100 East Boynton Beach Blvd. P-o, Box 310 Boynton Beachr FL 33425-0310 Attention: Mr. J. Scott Miller _ C~ tyM~_~ag~r .. . .. _ _ __ _. __._ Re: Woolbright Place POD, pen DQar Mr- MillQr: Ear:y in NovQmbQr I wrotQ to advi.Q you ot our conCQrn reg&rding tha City's Utility baing able to supply ade- quate water services to our development. : received YOT;.r r~sponse on November 14 and, of course, subse- quently read in the newspapers that several projects were released from the ~oratoriurn that had been placed on Utility. It is our position that despite the fact that steps are bein~ taken to increase capacity, the remaining c~rrent capacity was and should be reserved In our tavor per the settlement agreements ot ~986 an~ 1~90 that yere entered ~to. As you are aware, we have plans be1ng prepared tor both the POD and peD that may be submitted before the year is out, I believe it is the responsibility OI the City to insure that adequate water and sewer capacity remains available for these submissions. I am not looking for a legal confrontation, but I do ~lieve ex- per.ding the capacity to a point vhere none remains is a violation of our settlement agreements. I yould like to meet with you and the Utility Depart- receive the necessary assurances that my move forward. Please contact me at your onvenience, Michael Morton MM/dob cc: Honorable Xayo~ Moore and City Commission Ron Kolins, E6q., Moyle, Flanagan Ja..mes Cherof .\0, ;;':' , ENGlNEERillG DEPARTMENT MEMORANDUM NO. 90-273 ~' I . ' No;r.mber 8. 1990 TO: J, Scott Miller City Manager FROM: Vincent A" Finizio Administrative Coordinator of Engineering RE: City Manager's Memorandum 90-321 Southwest 8th Street Thoroughfare Plan I, The extension of SoW, 8th Street appears to be an excellent idea. The proposed roadway would be tangent from the P.D.D. to Boynton Beach Boulevard and posted speed limits should be in the order of 25 m"p.h, (to limit higher vehicular driving speeds) through residential areas. 2" In order to abate nuisances associated with noise levels generated by large transport vehicles, S.W" 8th Street from Industrial Access Road northward would have to be posted "No Trucks" so as not to adversely affect existing single family residences situated along the proposed roadway, Large transport vehicles delivering materials to Shoppes of Woolbright P,C.D, would then exit the P.C.D, onto Southbound S.W, 8th Street, accessing Woolbright Road/I-95 Interchange in an efficient and safe manner" 3, Time intervals relative to right-of-way acquisition procedures would take anywhere from 6 months to 2 years with construction acceptance occurring approximately one year after commencement, 4, Rights-of-way acquisition(s) and state of the art construction costs would exceed approximately $750,006.00 to '$1,000,000,00" 5. Should the developer desire to develop construction plans and fully fund both the right-of-way acquisition process, obtain requisite governmental permits and construction of this roadway, the Engineering Department will be available to assist your office in the review_~f any proposals submitted by , ' . '---" the Tradew1.nds Group. ' :_~ "..,~, ,',. ". VAF/jm RECEIVED NOV 8 1990 PLANNING DEPT.. cc:~hristopher Cutro, Director of Planning, Don Jaeger, Building Department Edward Hillery, Police Chief Ed Allen, Fire Chief - l.""'tlor.....r..,..~'.,;.:..~- - STANLEY CONSULTANTS OF FLORIDA, INC. TO: AIL 1" B "MEMBERS FRG1: VI~~ENT A" FINIZIO AIl'1IN. COORD" ENS" RE: SHOPPES OF WOOLBRIGHT' !?CD SUREI'Y RELEASE & REDUCTIONS Mr. Vincent Finizio Administrative Coordinator of Engineering City of Boynton Beach P. o. Box 310 Boynton Beach, FL 33425-0310 PLEASE REVIEW THE A'ITArnED RE- QUEsr AND PROVIDE 'IBIS OFFICE w/ A WRITI'EN VERIFICATION AS TO THE ACaJRACY OF THE EN:; " II S LINE ITEM REDUCTIONS & RELEASE INFORI\1.l;.TION I NO LATER THAN 11/15/90" thank you U. . ~ cc: Clty Attorney for ccmrents 2000 Lombard Street. West Palm Beach. FL 33407 November 7, 1990 REFERENCE: Woolbright Planned Commercial Development Dear Mr, Finizio: This letter is to certify to the best of my knowledge, information, and belief, it is my professional opinion that all work done to date based on field review under my responsible charge have been constructed in accordance with the approved construction plans and in accordance with the guidelines set forth within your Cityls Code of Ordinances, specifically Appendix "C", Article XI, section 2, "Administration of Construction" (page 2147). Attached please find a Schedule of the Letters of Credit on this proj ect, This Schedule delineates which projects are 100% complete and those that work is remaining to be done, We have also enclosed backup for those phases that are not complete, This backup details the work remaining. At this time, we are requesting that Boynton Beach release the bonds for the construction of the water distribution system and sewage collection system for-Home Depot, and the bond for the off- site construction of water d~stribution system and sewage collection systems, The 'bond for the roadway restoration and mi tigation of blowing sand is to remain, The remaining three bonds are to be reduced as shown on the attached schedule. By copy of this letter to Tradewinds Development, we are hereby requesting that they furnish the three new Lett~s of Credit that are being reduced so that y~u may release the original Letters of Credit, RECEIVED ~ r<) \)<. " I ~ 'OOYNro~'<..~>\ ~ ~ Received %\,~l\ (J' ~ ....- \ __ NOV 0 7 1990 > ~-.-l . all-_"! o Q~ i_ J \ ~ CITY ENGIN..R ~ .~,- :-";'>-0 ,,0 '7' ~ IV 8EAC"" <( /~,/ ~ (bTr\~ \ ~c:../ ~ \1/7/0.0 ~ l.:. '.OCf.""'I -b.o -- ~C> U uJ t...-. .1 ..__ MEMBER OF THE STANLEY CONSULTANTS GROUP . INTERNATIONAL CONSULTANTS IN ENGINEERING, ARCHITECTUflE, PLANNING, AND ~ANAGEMENT ~.1 '''' _ _ {"'''_A _ I ~ C ..~ _ U-r ,v,ery truly '\ ST~LEY ~antman Vice Chairman i-lUV 8 1990 S OF FLORIDA, INC, PLANNlNG DEPT. JW:gc Attachment cc: Mr, Michael Morton, Tradewinds SHOPPES OF WOOLBRIGHT peD AGREEMENT ON REQUIRED IMPROVEMENTS SHEET 1 OF 2 The Party of the first part TRADEWINDS DEVELOPMENT CORPORATION, a Florida Corporation, hereinafter referred to as "DEVELOPER", hereby agrees and contracts with the Party of the second part, CITY OF BOYNTON BEACH, hereinafter referred to as "CITY", that as consideration for the platting and subdivision of land pursuant to the Subdivision and Platting Regulation Ordinance of the City of Boynton Beach that the Required Improvements as defined in said Ordinance have been constructed pursuant to the specifica- tions of the Ordinance, Further, should the Required Improve- ments fail, or otherwise become defective, during a period of one year from the date of acceptance of said Required Improvements, due to defective materials or workmanship, the "DEVELOPER" shall, upon each occasion, be responsible in all respects for such failure or defect" The "DEVELOPER" shall immediately, upon thirty (30) days written notice by the "CITY", correct such failure or defect at the "DEVELOPERS" sole cost and expense and bring them into compliance with the requirements of the above referenced Subdivision and Platting Regulation Ordinance of the City of Boynton Beach, FloridA, In the event the "DEVELOPER" fails to begin repairs of the defective Required Improvements within the thirty (30) days, as specified above, the "CITY" shall have the right to make such needed repairs and the "DEVELOPER" shall be liable for the actual cost expended by the "CITY" for such repairs and any costs inci to col- lection of such sums, including, but imi ted to, reasonable attorney's fees and costs igation, hand and IN WITNESS WHEREOF, "DEVELOPER" has saal this ~ day of November, 1990, \ . ichael Morton, President SHOPPES OF WOOLBRIGHT PLACE PCD SHEET 2 OF 2 STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME personally appeared Michael Morton and David Levy, to me well known, and known to be the individuals described herein and who executed the foregoing instrument as President and Vice President of Tradewinds Development Corporation and severally ac- knowledge to and before me that they executed such instrument as such officers of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corpora- tion and that it was affixed to said instrument by due and regular corporate authority, and that said instrument is the free act and deed of said corporation. WITNESS my hand and official seal this ~ day of November, 1990, lnu ;J~ NOTARY PUBLTC My commission expires: NOTARY PUlLre STAn OF :J~~ISSION u" "11&, ~?~~ ~ T'HRU 6E11tRAl INS. UND. S TAN LEY CON S U L TAN T S CONSULTING ENGINEERS ENGINEERS OPINION OF COST BOYNTON BEACH UTIL. SEW, ROUTE ENGINEER'S OPINION OF COST PROJECT TOTALS uJ 0 ~ Ie 1--cmt+/pWI WATER DISTRIBUTION SYSTEM $0.00 SW 27 AVE FORCE MAIN EXTENSION $70,710.00 70 '7'0 - / DRAINAGE SYSTEM $0,00 PAVING $0,00 EARTHWORK $0,00 LIFT STATION 603 $92,000.00 / 5"00 , PROJECT TOTALS $162,710.00 ri7l.,1...'D- flvs /0 '70 'f 7~ 50:;- PRINT DATE ESTIMATOR PROJECT # REVISION DATES 01/29/90 AHA 10286-1 01/08/90, 01/10/90, 01/22/90, S TAN LEY CON S U L TAN T S CONSULTING ENGINEERS ENGINEERS OPINION OF COST BOYNTON BEACH UTIL, SEW. ROUTE ENGINEER'S OPINION OF COST LIFT STATION 603 ITEM CLEARING,GRUBBING,FLLING & GENERAL SITE WORK WETWELL,TOP & BOT. SLABS, TREMIE POUR ,PAITING ETC, SUBMERSIBLE PUMPS,CONTROL PANEL,ELECTRICAL SYSTEM WETWELL & ABOVE GROUND PIPING,VALVES & ACCESORI. 6" TEE W/6"PLUG 6" DIP FORCE MAIN CUT-IN 1211X611TEE 1211 PLUG 611 GATE VALVE SAN.SEWER 811DIP 181-20'CT 811 GATE VALVE ON SEW,MAIN 1" WATER SINGLE SERVICE L.S.FENCE W/GATES,INSIDE FENCE & ACC. DR. CONCRETE SAN. MANHOLE 181 -20' CUT DROP CONNECT.141-20' CUT ACCESS ROAD REFLECTORS & ROAD SIGNS UNITS QUANTITY UNIT PRICE* TOTAL ---------- ----- $2,500,00 $2,500.00 $48,000.00 $48,000,00 $9,000.00 $9,000.00 $8,000.00 $8,000.00 $245.00 $245.00 $11 .00 $1,375,00 $1,000,00 $1,000.00 $350.00 $350.00 $525.00 $1,050.00 $65,00 $2,925.00 $600.00 $600.00 $280.00 $280,00 $4,500.00 $4,500.00 $3,200.00 $3,200,00 $4,400,00 $4,400.00 $11 ,00 $3,575.00 $1,000,00 $1,000,00 PAGE TOTAL $92,000,00 (.,C) 0 ~ p ~ yrl 1'1-1A1 /,A/ 6 - J'. ,4-cces~ u- #S~h() IJ- ~'tJ - /S"oo LS 1 LS 1 LS 1 LS 1 LS 1 LF 125 EA 1 EA 1 EA 2 LF 45 EA 1 EA 1 LS 1 EA 1 EA 1 SY 325 LS 1 '\ \\ L * Unit Prices are estimates of current cost based on recent bids rece;ve~, Their accuracy is a function of economic conditions at the time the wqr~ is bid. Contingencies include engineering fees, legal fees, and permi~1' " ,. S TAN LEY CON S U L TAN T S CONSULTING ENGINEERS ENGINEERS OPINION OF COST BOYNTON BEACH UTIL. SEW. ROUTE ENGINEER'S OPINION OF COST SW 27 AVE FORCE MAIN EXTENSION fTEM lllDIP FORCE MAIN III MJ DIP FORCE MAIN ;UT-IN 10IlX8I1TEE(L.S.609} \IR RELEASE VALVE W/VAULT 311 GATE VALVE III FITTINGS(90,45, & ETC} 3611X8" WET TAP (TO 36"FM) 1201-20" CASING JACK&BORE ;TREETS OPEN-CUT REST. :ONC.DRIVE REMOV.& REPL. ;IDEWALK REMOVE & REPLACE JRIVACY WALL REMOVE & REP ;OD REPLACEMENT \SPHLT. DRIVE REPL. 1211PLUG W/THRUST BLOCK JEAR L.S. 606 ;EN. REST. & CLEANUP rRAFFIC CONTROL '~OBILIZATION UNITS QUANTITY UNIT PRICE* TOTAL LF LF EA EA EA LS LS LS SY SY SY LF SY SY LS LS LS LS 1 ,020 140 1 1 1 1 1 1 52 120 170 1 5 700 46 1 1 1 $17.50 $21,,50 $1,700.00 $2,200.00 $600.00 $1,750.00 $8,500.00 $21,000.00 $25.00 $18.00 $10.00 $60.00 $1.50 $15.00 $1,200.00 $800.00 $1,000.00 $3,300.00 $17,850.00 .$3,010.00 $1,700.00 $2,200.00 $600.00 $1,750.00 $8,500.00 $21,000.00 $1,300.00 $2,160.00 $1,700.00 $900.00 $J ,050.00 $690.00 $1,200.00 $800.00 $1,000.00 $3,300.00 PAGE TOTAL $70,710.00 r\ ~\ , I \" \ \\ \ I \ \~ k Unit Prices are estimates of current cost based on recent bids received~\J),~j The i r a c cur a c y i s a fun c t ion 0 f e con 0 m ice 0 n d i t ion 5 a t the t i met hew 0 r{k.-. '''' is bid. 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(/l e:: \ -4 ......" ~o ['T1Z: ~Vl ~e:: o ~\ -n :;0-4 (/l y z:. o -0 ...... z: ...... o z: (") o Vl -4 -4 Vl ------- I(/) ...... ...... rrI ---j (j) ---j rrI :c :3: -i -0 .......0 Z -0 GJ Vl ;.;:: ...... ---j :c ....... z ;0 C> ~ (/) -i )::0 z: (/) rrJ z: I -0 ;.;:: (j) 0 c: :c . ...... C> rrl II z: )::0 z z (/) (/) ...... (/) ex> rrI (/) -< ---j rrI -i rrI c: (/) :c ;0 r ...... (/) -i (/) (/) ......0 -0 o ---j C> Z rrI C> ;0 -0 GJ C> .0 0 (/) rrI ...... c: ...... ---j rrI Z rrI z: )::0 )::0 -i ...... Z Z r rrI C> GJ (/) ---j (/) I Z ...... ...... ---j ZC --' --' ---j ...... -0 C> rrl -< 3::C " rrI r )::0)::0 ;0 -j (/) 0 (/) -j rrIrr1 C> (/) )::0 -0 ...... --l )::0 ~ C Z GJ N~ Z rr1 W --' ....... -i ---j -j C> <.J1 (/) C> C> C> -0 -j C> C> ;0 )::0 ...... r C> C> 0 C> C> rrI * ( c :1 \ , \ I I I ENGINEERING DEPARTMENT MEMORANDUM NO. 90-279 AGENDA ITEM November 15, 1990 TO: J. Scott Miller City Manager FROM: Vincent A. Finizio Administrative Coordinator of Engineering RE: TRADEWINDS EASEMENT DEED DATED NOVEMBER 13, 1990 WOOLBRIGHT PLACE, PLAT #1 - P.U.D. TRACT D - WATER MANAGEMENT TRACT Please be advised that the Engineering Department for the City of Boynton Beach, Fl has completed a review of the Tradewinds Group easement deed submitted to this office by the City Attorney, James Cherof, Esquire. The intended deletion of Tract D as depicted upon the Woolbright Place, Plat #1, P.ll.D. final plat sub- mission may impact the pre-treatment and storage capabilities of the P.C.D. and the P.ll"D. As this water management tract was indicated upon plans previously submitted to South Florida Water Management District in order to obtain the appropriate construction permits, it is my recommendation that the City Commission withhold full final determination in this matter relative to accepting the easement deed, until such time as the Developer's Engineer, that being Stanley Consultants of Florida, Inc., resubmits to South Florida Water Management District those appropriate construction plans embossed, signed, and dated to the appropriate South Florida Water Management District permitting department in order to modify their existing permit. My staff has reviewed the attached legal description and drawing depicted as Exhibit "A", attached and made a part of the easement deed. The attached,.sketch and description titled Water Management Easement Woolbright Place, P.ll.D. indicates the existence of Lake Boynton Estates, Plat #2 and Lake Boynton Estates, Plat #3 as properties adjoining this tract. The final plat for Woolbright Place, Plat #1 no longer indicates Lake Boynton Estates, Plat #2 nor does it indicate Lake Boynton Estates, Plat #3, therefore the sketch and description titled Water Management Easement Woolbright Place, Plat #1, P"ll"D. should be revised to delete references to the aforementioned Lake Boynton Estates plats, including the revision of the sketch and description known as Water Management Easement to indicate 'Exhibit "A" and the appropriate title of the plat in which this tract is situated, that being Woolbright Place, Plat #1, P.ll.D. This memorandum has been generated in conjunction with Gee & Jenson, our City's Engineering consultant, in order to guarantee that neither the P.C.D. nor the P.ll.D. will be damaged by the applicants proposed actions relative to deletion of this tract from the final plat submission, an action that may adversely affect pre-treatment and storage capabilities for both plats. RECEIVED }i~;n~ A~ ;ti~';~~- VAF/ck cc: Christopher Cutro, Planning Director James Cherof, City Attorney I~OV 1~ _ PLANNiNG DEPT~. . " I ' ~ ENGINEERING DEPARTMENT MEMORANDUN NO. 90-278 AGENDA ITEM November IS, 1990 TO: J. Scott Miller City Manager FROM: Vincent A. Finizio Administrative Coordinator of Engineering HE: FINAL PLAT SUBMISSION WOOLBRIGHT PLACE, PLAT #1 - P.D.D. Please be advised that during a special City Commission meeting held on November 14, 1990, the City Attorney advised the Honorable Mayor and City Commission that the applicant has submitted suitable surety to guarantee the construction'of the required improvements as depicted upon approved City plans. All Technical Review Board members responsible for the review of said final plat submission have placed their signatures upon the development plans submitted by the applicant, thereby indicating that the plans meet and comply with the City of Boynton Beach, Florida Code of Ordinances, specifically Appendix "c" Subdivision and Platting Regulations. I herein request, that the City Attorney prepare a resolution authorizing the Mayor and City Clerk to formally execute the final plat documents for Woolbright Place, Plat #1 P.U.D. At your earliest convenience, please have the City Attorney forward to me copies of all Letters of Credit, including copies of the title for the 3.6 acre park site. Thank you for all your assistance, guidance and direction in this matter. '1;;0,' , l J: _ _ :-\-~~- ~' Vincent A. Finizio I , :r6~ RECEIVED VAF/ck .: NOV ~~ 1m PLANNiNG DEPT. cc: Christopher Cutro, Planning Director James Cherof, City Attorney - -~-----~ ------ -~-~--- -~ j ),tv --- ENGINEERING DEPARTMENT MEMORANDUM NO. 90-286 November 20, 1990 TO: J. Scott Miller City Manager FROM: Vincent A. Finizio Administrative Coordinator of Engineering HE: Woolbright Place Plat #1, P.U.D. Tradewinds Group Request for Reimbursement of Fees Florida Power & Light Lighting System/Industrial Access Road As you are aware, the Tradewinds Group intends to seek reimbursement for previously submitted street lighting fees, that were received by this office in conjunction with the subdivision and platting process, specifically Appendix "C" Subdivisions & Platting, Section 5, Construction Plans and Preliminary Plat, Subsection 5Bl(d) Street Lighting, including but not limited to Section 7, Submission of Final Plat, Subsection 7A2, and the associated City Ordinance #90-38 which states that the final plat submission shall include 125% of the cost for street light installation. As street lighting is a required improvement listed within Appendix "C" Subdivision & Platting, Tradewinds Group must submit a formal application to this office requesting a variance to the Subdivision and Platting Regulations as specified within pages 2156 thru 2158 of our City's code, Section 1, Administration of Variances inclusive. Should you require any additional information relative to the status of the street lighting along Industrial Access Road or any of its components, please contact me and I will promptly supply the requested information. VAF/ck RECEIVED cc: James Cherof, City Attorney Christopher Cutro, Director of Planning 1-40V 21 1990 PLANNING DEPT. l>- MEMORANDUM NO. 154 November 6, 1990 RE: Charlie Frederick, Dir. of Parks , Recreation Tambri Heyden, Assistant City Planner Vince Finizio, Administrative Coordinator of Engineering Jim Cherof, City Attorney ',(' (( .." ../ Woolbright Place - Special Warranty Deed (Park) TO: FROM: Attached is a copy of the Special Warranty Deed which was hand delivered to my office on November 6, 1990, by Tradewinds Group. I am currently reviewing the Deed for legal sufficiency and ask that each of you review the legal description and get back to me with any comments ASAP. Thanks for your assistance. ,10 cc: J. Scott Miller Central Files RECEIVED NSM ~ 1990 TO: Jim Cherof City Attorney Engineering Department Response - November 7, 1990: ~f~~\NG DEPT. Have the revert statement deleted from the deed. 'j Recommend conducting. a title search for subject prop~rty. ... ~...3-h:~ Vincent A. Finizio : : VAF/jm cc: J. Scott Miller City Manager Tambri Heyden Asst. City Planner Charles Frederick Recreation and Parks Director ,,,... - ::!.... SPECIAL WARRANTY DEED THIS INDENTURE, made this /.51- day of November, 1990, between HOWARD R. SCHARLlN, TRUSTEE, of the County of Dade, State of Florida, hereinafter called grantor, and THE CITY OF BOYNTON BEACH, FLORIDA (Tax Identification #59-6000282), hereinafter called grantee, whose post office address is 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435. WITNESSETH, that the grantor. for and in consideration of the sum of Ten Dollars and other good and valuable considerations paid to grantor by grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the grantee and to the heirs, successors and assigns of the grantee. in fee simple forever, the following described real property (the "Property"): SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Subject to: Covenants, restrictions, reservations, dedications, right-of-way and easements of record. This conveyance is upon the condition that the use of the Property shall be as a Public Park for active or passive recreational purpose ("Park Use"). In the event the Property is used for any purpose other than Park Use, title shall forthwith revert to the grantor. and the grantor hereby fully warrants the title to said land, and will defend the same against the lawful claims of all persons by, through and under the Grantor. IN WITNESS WHEREOF, the grantor has executed this Instrument on the day and year first above written. ! Signed, sealed and delivered In our presence: I;{:c.i,c(<c I tt!t (( t( c( (' . j 4&~~ ---... 8<-L<-'- / III ~ ~ CITY.NQINU" ,f ~ ~"o t ~ 8EAC~' "' , ' ..... '\. . I HEREBY CERTIFY that on this day, before me, an officer duly authorized in \.'- /' d County aforesaid, to take acknowledgments, personally appeared Howard R. SCharlin, Trustee. to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. /.9,L WITNESS my hand and official seal In the County and State last aforesaid this _ day of NOvc,mber, 1990. STATE OF FLORIDA COUNTY OF DADE ;;~ T;~ :;:~~'i i :;: '; :~ ~,; I..; t, :;',: ~;r 'f r~ Q'::~; ~'''i BC.~L~[1 r,;;t'J '':;:_i(i~;~:~L Ir~3. lJt:~): This Instrument was prepared by: Howard A. Scharlln. Esq. 1399 S.W. First Avenue Miami, FL 33130 I, EXHIBIT -A- 'OI;SCRIPTION A.parcel of :land lying in'Section 29, Township 45 S?uth, 'Range 43 East~ Palm Beach County, Florida. being more particularly described as follows: . Commencing at the: Northeast corner of lot.41, alock 2 of.the plat "Replat of First Section Palm Beach Leisureville" as recorded in Plat Book 28 at Pages 201; 202, and 203 of the Public Records or Palm Beach County, Florida; Th~nce Sout~ 01.12'55" East,. along the East line of lots 34-41,. Block 2 of said -Rep1at of First Section Palm Beach Leisureville", a. distance of 520.34 feet to tho Point of Beginning; Thence continue South 01.12'55" East along the East line of Lots 22- 34 of .said Block 2, a distance of 672.12 feet to. the Southeast corner 9f lot 22, of said Block 2;' Thence North 87.59'27" East 'along the North line of lots 7-12 of said Block 2, a distance of. 330.70 feet to the Northeast' corn~r of Lot 7 of said Bloc~'2; Thence North 01.16'O~M West along the West line of lots 4 and 5 of said Block 2, a distance of . 170.33 feet to a point of intersection with the South line of that 25.00 foot wlde.Right-of-Way for -Jasmine street" as shown on said ~Replat'of First Section Palm Beach teisurevjl'e"~ Th~nc. South 88-24'30M West along said south lih~, a distance 6f 126.90 feet to a poin~ of intersection with .the southerly projection of the West line of the Plat of "Lake .Boynton Estates Plat 4-AM as recorded, in Plat Book. 14 .at Page 69 of. the PUblic Records of Palm.Beach County. : Florida;" Thet:lce North 01.035'.08" West a10ng said prOjection line .and the West lin~ thereof; a dis~ance of 499.34 fee~; . Thence South 88-24'52". West, a di~tance of 200.39 feet to.the Point of Beginning. . . Said Lands situate in the City of Boynton Beach, Palm Beach County, Florida. Containing 1~7.,578 Square feet / 3.61jS Acres. more of less. . ~ , '" , I "l i / r- Io, '-~-' MEMORANDUM TO: Mr. Jay Mussman, City Attorney FROM: Tambri J. Heyden, Assistant City Planner DATE: November 6, 1990 SUBJECT: Woolbright Place Please note that I have reviewed the attached Grant of License and I have no comments. /7 J~ 0 ;;~~J.Af',,~ - TAMBRI J. H~EN~~ Assistant City Planner TJH:cp Ene. . _ ..'_'-""'1" .('\~ n,h.' 1_1_1i'::'11 . ~,_, ~ _~_1:;- . , ... -..; -., _ ;::.....c...; [oJ.;. '/al/1llYL/ - r y I - 90- 'I GRANT OF LICENSE BY CITY OF BOYNTON BEACH, 'A FLORIDA MUNICIPAL CORPORATION TO TRADEWINDS DEVELOPMENT CORPORATION, A FLORIDA CORPOR~TION THIS GRANT of License executed and delivered this day of , 1990, by the city of Boynton Beach, a Florida municipal corporation, loca~ed in Palm Beach County, Florida (hereinafter the LICENSOR) to TRADEWINDS DEVELOPMENT CORPORATION, a Florida corporation (hereinafter the LICENSEE). .. WHEREAS, LICENSOR owns a parcel of real property which is more particularly described on Exhibit A attached hereto: and WHEREAS, LICENSEE owns a parcel of real property which is simple more particularly described on Exhibit B attached hereto. NOW, THEREFORE, in consideration of the BUm of Ten ($10,00) Dollars and other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged by LICEtlSOR, LICENSOR has granted, bargained. convQY9d, and sold to LICENSEE its 9rantae~, hairs, SUccQssors, assignees, and nominees foraver, a ~PCiltu~t. non-exclusive licensG to use the r9al property deacr~l)Qd on Exhibit "A" for the following uses. 1. ~~ta.lla.~!~!,_~!\d. ma intenanoe . of the landsoClpeci 'puffer and 1mprovementa on.' LICE:NSOR' e Property ClCS d030ribed in Exhibit "An hereto, 2. LICENSEE at ita own expenee :shelll mClintcin the license, the improvenent:s, emd the property upon which the lioense il5 loccted in a good state of repair. " J. LICENSEE shall indemni ry and save harmless and detend LICENSOR, its agents, servants, and employees tram and agalnst any claim, demand or cause Of action of Whatsoever kind or nature arising out ot' error, omission or negligent act at TRADEWINDS, its agents, servants or employees in connection wl~n or related to its use under, this Agreement or the real property d~scribed on Exhibit A . 4. LICENSEE further a9rees to indemnify, save harmless and defend LICENSOR, its agents, servants, and employees from and against any clai~, demand or cause of action of whatsoever kind or nature arising out of esny conduct or misconduct of LICENSEE not included in paragraph three above and for which LICENSOR, its agents, servants or employees are or are alleged to be liable. 5. Neither LICENSOR nor any agent, servant or employee of LICENSOR shall be liable to LICENSEE for any loss, injury or Paqe 1 of 2 '....' . ""--"':M REC,EIVED' " Nav ~ 1000 rUHH ~ I fJ G n n'r. ~.~~ '- ~---l ! ,', I ' . ',1 II I ~, II':' I , ,II I , 'If II 11,- ,I 1- I i II I 1111: .llr~ 't,' I .l'-i/ f1 ~ I I . t \ 1 damage to LICENSEE or to any other person or to its or their property I irrespective ot the cause of such injury I damage or loss. 6 . Th i s License terlninated without the LICENSEE, and executed dignity to this License. 7. The grant of the license shall be bindinq on and inure to the benefit of the parties hereto, their grantees,' heirs, successors, assignees and nominees. may not be modified, amended, or prior written approval of LICENSOR and with the same formality and of equal III \nTNESS WHEREOF, the parties hereto have set: their hands and seals the day and year first written above" Signed. sealed. :and delivered in the presence of: CITV O~ BOYN~ON BEACH, a Munioipal corporation B\': Its: STATE OF COUNTY OF ThQ foregoin9 instrument w~s acknowledged before me thi5 day of , 1990, by , the of the city of Boynton Beaoh, a Florida municipal corpor~tion, on behalf of said corporation. Notary;' PUblic My commission expires: ... Page 2 of 2 . ... .1' . . / MEMORANDUM TO: James Cherof, city Attorney ~(j THRU: Christopher Cutro, Planning Director FROM: Tambri J. Heyden, Assistant city planner DATE: November 5, 1990 SUBJ: Woolbright Place Plat 1 - File No. 508 staff comments regarding draft Declaration of Restrictions and Protective Covenants Please be advised that I have reviewed the above-referenced documents which I received a complete copy of from the City Manager's office on Thursday, November 1, 1990. My comments are as follows: 1. 3. Page 1, Article I, Definitions, lICommon Areasl1 - The definition references an Exhibit "B" which I do not have. Exhibit "B" should include all lakes/storm water management areas, tree preservation areas, landscape buffers amd private recreation. These areas are described on the plat as tract Band D, E, portions of F and C, and C, respectively. '") '- . Page 3, Article II, Section 1. Leaal Description. - A l-eference is made to Exhibit I1A" which I do not have. Exhibit "A" should include all lands situated within the boundaries of Woolbright Place Plat 1. Page 5, Article III, Section 5. Common Areas, B. Maintenance - It is recommended that lake maintenance, such as aquatic weed control, be added to this section, consistent with the plat. In addition, this agreement does not mention the master association's responsibility to maintain other areas besides the common area. Therefore, it is recommended that a new section under this article be added (other maintenance) to specify the association's obligation to maintain the landscaping within the public rights-of-way (realigned S.W. 8th Street, old S.W. 8th Street - license agreement and the Industrial Access Road - Morton's Way). 4. Page 7, Article III, Section 8. Rules and Requlations. - A reference is made to Palm Beach county ordinances instead of Boynton Beach ordinances. 5 . Page 7, Article IV, Section 3. Owner to Obtain Approval. - It is recommended that language be added to inform the master association that the improvements listed may required City approval as well as approval from their own architectural control board. This is a big headache for TO: Jim Cherof -2- November 5, 1990 Building Department and Planning Department staff because homeowners and contractors often don't realize this. 6. Page 19, Article VII, Section 8. Sians. - It is recommended that language be added that informs the master association that signs must conform to the city's sign code and that signs may require city approval, as well as approval of their own Architectural Control Board (ACB). This too, often presents confusion to homeowners and contractors. I provided a copy of the draft covenants and restrictions to the Building Department, Mike Haag, and to the Engineering Department, Vinnie Finizio, on Friday, November 1, 1990, for comment. As you know, the final plat for this project is on tomorrow night's city Commission agenda. Comment #1 (deed for park land) and #4 (the subject covenants and restrictions) referenced on the attached copy of my staff comments, are the only outstanding Planning Department items relative to the final plat approval. V'1 d~' .~ Tambri J. He~n tjh Encs A:WoolAsoc xc: Vinnie Finizio Mike Haag Chronological File t I' , , , I. t, t . PLANNING DEPARTMENT MEMORANDUM NO. 90-319 TO: Viftce Finizio, Administrative coordinator of ,Engineering THRU: Christopher cutro, planning Director~ FROM: Tambri J. Heyden, Assistant Planner DATE: October 29, 1990 SUBJECT: Woolbright Place Plat No. 1 - file no. 508 outstanding final plat comments Please be advised of the following items from Planning Department Memorandum No. 90-291, revised 9-17-90, that are outstanding with respect to the above-referenced project: 1. 2 . 3 . 4. A condition of preliminary plat approval was that title to the required 3.5 acres of recreation land be conveyed to the City prior to final plat approval. The deed to this property has not been provided. (Planning Department Memorandum No. 90-291, revised 9-17-90, conditiqn #1) ", The landscape plans submitted with the final plat and approved by the Community Appearance Board indicate that a landscape buffer shall be required adjacent to the'~eaboard Airline Railway. Revise the master plan submitted with the final plat to reflect this buffer. (Planning Department Memorandum No. 90-291, revised 9-17-90, condition #2) The license agreement, or some other form of legal agree~ent acceptable to the City, to allow improvements (landscape buffer) within a public right-of-way (S.W. 8th street) has not been submitted for review by staff and the City's legal department. (planning Department Memorandum No. 90-291, revised 9-17-90, condition #3) The draft maintenance association agreement for improving, perpetually operating and maintaining the common elements, submitted to the City's legal department is currently being reviewed by the City Manager's office. other departments have not been provided with a copy of the agreement to review prior to recording of the agreement. (Planning Department Memorandum No. 90-291, revised 9-17-90, condition #4 ) ..., TO: Vince Finizio -2- October 29, 1990 5. In addition to the master plan change discussed in comment #3 above, remove from the master plan the words "landscape buffer" indicated along the west side of pod 3. To reflect the final recreation agreement approved by the city Commission on october 17, 1990, the master plan and site date table should also be revised to indicate the maximum number of units allowed within pods 1, 2 and 3. Provide six copies of the revised master plan to the Planning Department. (Planning Department Memorandum No. 90-291, revised 9-17-90, conditions #5, #6 and #7) -:~2;d1fy~ tjh A:WooIPIFP xc: city Manager ,., , ", r 10, ~~n\~ BUILDING DEPARTMENT MEMORANDUM NO. 90-470 October 18, 1990 THRU: Vincent Finizio, Admin. Coord. of Engineering Don Jaeger, Building & Zoning Director(L7~~ Michael E. Haag, Zoning & Site Developmen~dministrator TO: FROM: RE: PLAT DOCUMENTS - FINAL PLAT SUBMISSION WOOLBRIGHT PLACE PLAT #1 TRADEWINDS GROUP Upon review of the above mentioned project, the following list of comments must be incorporated in to the landscape plans to conform with conditions of the approval of the project. 1. As agreed upon at the Community Appearance Board Meeting on September 17, 1990, all Laurel Oaks proposed to be planted for the streetscape are to be replaced with Live Oaks, (12 - 14 feet in height). All Laurel Oaks already planted will be relocated to the lake area. 2. Certify that the Melaleuca mulch will be free of Melaleuca seeds. 3. SpeCify the source of irrigation water for the landscaping. RECEIVED MEH:ald WOOL#l.SDD OCT 22 1900 PLANNING DEPT'! ... r ENGINJ!;ERING DEPARTMENT MEMORANDUM ~ October 16, 1990 11 A.M. ~ TO: ALL TECHNICAL REVIEW BOARD MEMBERS FROM: Vincent A. Finizio Administrative Coordinator of Engineering RE: Final Plat Submission Woolbright Place Plat #1 Tradewinds Group Please be advised that the applicant for the above referenced project has delivered six (6) sets of development plans and a mylar reproducible of the subject plat to this office at 2:lS p.m. on October IS, 1990. The applicant has not yet executed any formal agreement with the City Commission relative to the Parks and Recreation issues as set forth within T.R.B. comments and matters decided by our governing bodies. The preliminary plat was conditionally approved predicated upon the City Commission approving an aareement with the Ueve10per in respect to the aforementioned Parks and Recreation issues which include land dedication to the City of Boynton Beach, five (S) basic park elements and establishment of associated surety as determined by guidelines as set forth within Appendix "c" Subdivision and Platting Regulations, including full compliance with our City's Code of Ordinances as a pre-requisite for final plat approval. All matters pertaining to the establishment of surety have not yet been resolved by the City Attorney in conjunction with the applicant and the City Commission, therefore this office has not transmitted the statement of technical compliance and surety establishment as defined within Appendix "c" Subdivision and Platting Regulation, Article VIII, Section SD4 (Preliminary Platting). The final plat submission was not submitted with the required submission fee as adopted by City Commission and the Administration Fee was also not submitted. Surety has not been established for all required improvements, nor has the applicant provided surety for review by our City Attorney in conjun~tion with the City Managerls office. The plat document has not been ex~cuted by those agents listed beneath signature lines and the City's Engineering Consultant has not had an opportunity to review the final submission for compliance with State laws governing the Consultant's execution by signature of the subject plat as City Engineer. Please review the submission and forward your comments to my office within five (S) working days. Should you find the plans comply with the preliminary plat submittal and your respective comments, visit my office and sign off on the development plan documents. tl.:,~-l ^~. :'& Vincent A. Finizio VAF/ck cc: City Manager, City Commission, City Attorney, Central File ENGINEERING DEPARTMENT MEMORANDUM October 16, 1990 TO: Tambri Heyden Interim Planning Director FROM: Vincent A. Finizio Administrative Coordinator of Engineering RE: T.R.B. Review of Final Plat Woolbright Place Plat #1 Please be advised that City Manager, J.Scott Miller, has instructed me today that the final plat submission for the above referenced project shall not be placed on the next regular Technical Review Board agenda. His directive was to distribute six (6) sets of plans received from Tradewinds Group directly to affected T.R.B. Members requesting comments from them relative to final plat review in accordance with provisions set forth within our City's Code of Ordinances. Therefore, please do not place this project on the next Technical Review Board agenda as you would have usually done. .fl';;..", l ):....u.~~ · Vincent A. Finizio ~ RECEIVED OCT 16 1990 VAF/ck PLANNING Db'f. cc: J. Scott Miller, City Manager RECREATION & PARK MEMORANDUM #90-479 TO: Jim Cherof, City Attorney FROM: Charles C. Frederick, Director Recreation & Park Department ~~~ Dedication SUBJECT: Tradewinds Agreement and Park DATE: September 21, 1990 I have attached my T.R.B. comments and feel the agreement should incorporate these conditions as the developer agreed to staff comments. Specifically I recommend: 1. The agreement should not include any reference to zoning, density increases or specifics as to type of work we will accept in lieu of cash. Neither should it include reference to the child abuse center or specific square footage for meeting rooms or bathrooms. 2. I do not accept the statement in the original letter of agreement on page 6 which stated that "Tradewinds expense in realigning SW 8th Street shall be included in the work to be provided in lieu of one acre of cash." This could very easily be 100% of the cash value. 3. The agreement should state that 3 1/2 acres will be deeded with clear title and specify when the transfer of land must take place. Further, it should state that all data involving geology (soil borings, topo, etc.) must reflect land which is suitable for park development without expenses for preparation being incurred by the City. 4. Work In Lieu Of 1 Acre Of Cash Value Our first choice is still to receive cash and would eliminate the need to determine how work will be valued. The developer could be asked to reconsider" If we accept work it should be under the condition that we determine the type of work to be done, we establish the value of the work, and some form of guarantee which reflects the work will be done when the park design has been completed. This guarantee should extend to 3-5 years. If for whatever reason we are delayed in park d~velopment past the established time, the developer should provide cash at the value established by the Planning and zonin~<:JEI"JEI) SIP 21 _ tp.~ & 1ll..1\" '. ,(' 0 r- rn,,'''''N"'iI ;\l1.! t.PT. .. ~~-----.:.:_.~"". :~ - -- 5. Credit For Private Recreation Facilities Before site plan approval is received, the developer must satisfy the City that the private recreation facilities meet the code requirements. Information detailing the location, type, number, size and value are needed to make this determination. It should be stated that if the facilities are not satisfactory that the 4 1/2 acres credit will not be allowed and the developer shall be required to provide an additional 4 1/2 acres of park land or fee in lieu of this land with the City making the choice. The facilities should be bonded. It should also be noted that the facilities must be available to residents of both P.O.D.'s shown on the plat. Attachments ../ CC: Jim Golden, Interim Planning Director John Wildner, Super~ntendent, Parks Division CF:ad I\N(:I NI':I~R I N(: UI':"ARTHI\NT HI~H()RANnUH NO. 90-2/.2 To: J. Scott Hiller City Manager September 20, 1990 From: Vincent A. Finizio Administrative Coordinator of Engineering Re: Woolbright Place Plat Ii Parks and Recreation Agreement nnd Dedications Credit for Open Space and Five (5) Rnsic Park Elements I am in receipt of a copy of ~n P~rk~ ~nd Recre~tion Agreement that was gener~terl by Hr. Perry, I ('P,~ I C<HlIH'll'I. lor TrndewindR (;rollp" The ~greement doee not comply with the requirements of Appendix "C", Subdivision and Platting Regulations for the following rea~:ms: I) The agr~ement incorporates language that indicates tllis and other depart- ment~ will recommend approval or a 're~oning ~pp]ication for a parcel of land not a~soci~ted witll the platting of Woolhright Place Plat HI, constituting a form ot contractual zoning which i~ unlawtul in the State of Florida and the City of Hoynton Heach, Floridn, for the ptlblic pnrticipntlon element of the zoning proce~s would be circumvented should the City Attorney approve the agreement. L) The agreement incorporates langunge thnt indicates the developer intends to deduct the cost of realigning S"W. 8th Street from the assigned value of the one (1) acre of land. The developer met with Vice-Mayor Wische, City Manager Miller, the Developer's Ellgineer and I, onsite and in the presence at other Leisureville resi- dent~, at wlllch time the Developer voluntarily agreed to realign the road as a jesture ot goodwill toward the :!djoining community. At no time did the City of Hoynton Beach, Florid:!, compel the Developer to realign snid roadway. The City should not absorb the cost of the realignment as indicated within the agreement. The realignment has nothing to do with the parks and recreation agreement and therefore should not be included in the agreements text. 3) The agreement makes reterence to a Child Abuse Center and the associated site plnn. This language should not he contained in the agreement, as the Child Abuse Center is alien to and not a part of the platting process tor Woolbright Place Plat 111. 4) The agreement incorporates language in the form of a narrative describing a'bistory ot alleged discussions/agreements with staff. The entire narrative is llawed, inaccurate and lIas no bearing whatsoever on the disposition of the parks and recreation agreement. Additionally, the Code of Ordinances for the City of Boynton Beach, Florida, indicates that the City Commission shall make written tindings that standards set forth within the Parks and Recreation section of our Code is met. It appears to me that the City Attorney as legal counsel for the City Commission, should create the agreement and not the developer's attorney. 5) During the City Commission meeting ot September IH, 1990, the City Attorney agreed with the nirec~or at Parks nnd Recreation, that the five (5) basic park elements are usually n~'~ressed at time of site plan submission" This may be the case for individllal site plans governed by Chapter 19, but this proposed procedure is not in conformrtnce with the provlsions as set forth in Appendix "C" relative' to assuring open sTHlce nnd pnrk elements [or which the developer is receiving credits. The City Attorney should revisit Section 8, B5A, B, C, D, E, F and especially G. In my optnion, Mr. Perry's agreement is unlnwful for tIle reasons stated above. Tradewinds proposes to construct public improvements in lieu of providing the City with the monies agreed to by P&Z and City Commission. It is my understanding that CRpitnl Improvements Projects are subject to Stnte Inws which require competitive bidding processes and not contractural agreements geared to eliminate competitive free enterprise. The City Attorney should provide nssurance that park elements will he constructed, fees paid in full as a lien on subject plat including surety approved by City Commission tor said elements. u~~:-\: A .--=t.J-~: - . Vincent A. Finizio 0 cc: James Cherof - City Attorney Cent ral Files ""--- PLANNING DEPT. MEMORANDUM NO. 90-296 (REVISED SEPT. 18, 1990) To: J. Scott Miller, City Manager FROM: James J" Golden, Interim Planning Director DATE: September 18, 1990 SUBJECT: Woolbright Place Plat No. I - Preliminary Plat Please place the above-referenced item on the City Commission Agenda for Tuesday, September 18, 1990 under Development Plans, Non-Consent Agenda" ., DESCRIPTION: Request for approval of the common element landscape plan, construction drawings and preliminary plat which provide for the construction of infrastructure improvements to serve a previously approved Planned Unit Development. RECOMMENDATION: The Planning and Zoning Board removed the above-referenced item from the table and recommended approval subject to staff comments, copies of which are attached. In addition, the Board made the following recommendations concerning those staff comments for which the applicant was in disagreement with: 1. That the applicant be required to construct the Industrial Access Road" Motion was made by Mr. Richter and seconded by Mr. Aguila. The vote was 7-0. 2. That the applicant not be required to extend the guard rail adjacent to the water retention area which was recommended by the Engineering and Police Departments, beyond that which would be required by Department of Transportation (DOT) standards. Motion was made by Mr. Richter and seconded by Mr. Aguila. The vote was 5-2 with Messrs. Rosenstock and Greenhouse dissenting. 3" That the land value for parks and recreation purposes be set at $80,OOO/acre. The motion was made by Mrs. Greenhouse and seconded by Mr. Howard" The vote was 7-0. In addition, the applicant's attorney agreed to submit an MAl certified appraisal to establish the appropriate land value. Upon recommendation from the Planning Department, the Board did not act upon a legal agreement (copy attached) prepared and submitted by the applicant's attorney for the parks dedication due to the nature of the language contained therein" The applicant was in agreement with all staff comments, with the exception of those items outlined above. ~ /: Jl!:- JJG:frb Encs C:PM90-296 PLANNING DEPT. MEMORNNDUM NO. 90-296 (REVISED SEPT. 18, 1990) TO: J. Scott Miller, City Manager FROM: James J. Golden, Interim Planning Director DATE: September 18, 1990 SUBJECT: Woolbright Place Plat No" I - Preliminary Plat Please place the above-referenced item on the City Commission Agenda for Tuesday, September 18, 1990 under Development Plans, Non-Consent Agenda. ., DESCRIPTION: Request for approval of the common element landscape plan, construction drawings and preliminary plat which provide for the construction of infrastructure improvements to serve a previously approved Planned Unit Development" RECOMMENDATION: The Planning and Zoning Board removed the above-referenced item from the table and recommended approval subject to staff comments, copies of which are attached. In addition, the Board made the fOllowing recommendations concerning those staff comments for which the applic~nt was in disagreement with: ^llJ~vR '1':\ vv( -+ l r.wv 1'1 17.e:PC l ' ( , _::pv l), D ~ L ~.>. ( ..u\ ;;, ,'v ~rnt!. r f> ' f>(.?S t ~', 1. '/r-, ;.J l> fFf[ ~ ~t ~ 0 F. I., ,- ~~/'t ' ~vP--T-c 2 rRt ,~ '/' . 1-,.-- .-VA C)>N~o vA<...- 1- + -- f. " '-~:S (\>"" \ rv That the applicant be required to construct the Industrial Access Road. Motion was made by Mr. Richter and seconded by Mr. Aguila. The vote was 7-0. That the applicant not be required to extend the guard rail adjacent to the water retention area which was recommended by the Engineering and Police Departments, beyond that which would be required by Department of Transportation (DOT) standards. Motion was made by Mr. Richter and seconded by Mr. Aguila. The vote was 5-2 with Messrs. Rosenstock and Greenhouse dissenting. 3. That the land value for parks and recreation purposes be set at $80,000/acre. The motion was made by Mrs. Greenhouse and seconded by Mr. Howard. The vote was 7-0. In addition, the applicant's attorney agreed to submit an MAl certified appraisal to establish the appropriate land value. Upon recommendation from the Planning Department, the Board did not act upon a legal agreement (copy attached) prepared and submitted by the Ii ii- ..., applicant's attorney for the parks dedication due to f\(',L' ~ : '1-'~ _ G~ r .~.'" #....\ the nature of the language contained therein. ef- ~, ,~/ fCThe applicant was in agreement with all staff comments, with the () ~'(" i, \. exception of those items outlined above. >K<i Jr~~ N'A~j A r\~rz i>M>k:L JJG: frb Encs C:PM90-296 J:.;i /: ~ PLANNING DEPT. MEMORANDUM NO. 90-301 TO: J. Scott Miller, City Manager FROM: James J. Golden, Interim Planning Director DATE: September 18, 1990 SUBJECT: Planning & Zoning Special Meeting - September 17, 1990 Please be advised that the Planning and Zoning Board met on Monday, September 17, 1990 and took the following action: , 1. Removed'from the table and unanimously recommended approval of the Preliminary Plat submitted by Tradewinds Development Corporation for Woolbright Place Plat No" 1, subject to proviso. The motion was made by Mr. Beasley and seconded by Mr. Aguila. . ~ ~ l GOLDEN JJG:frb Ene ee: Mike Haag, Bldg. Dept. A:PM90-301 -- MEMORANDUM NO. 109 September 12, 1990 TO: Vincent Finizio, Administrative Coordinator of Engineering FROM: Jim Cherof, City Attorney RE: Tradewinds Stipulation and Settlement Agreement I am in receipt of your Memorandum No. 90-238, dated September 12, 1990. I do not understand the nature nor the propriety of your request. I suggest you channel such a request through the City Manager. I will discuss with him the ramifications of such an analysis in light of the pending settlement stipulation and the threat of continuing litigation. JAC/r cc: J. Scott Miller, City Manager Jim Golden, Interim City Planner "" RECEIVED 5EP 12 1990 PLANNlf"\:I DEPT~ \ .. ENGINEERING DEPARTMENT MEMORANDUM NO. 90-238 September ll, 1990 TO: James Cherof City Attorney (HAND-DELIVERED) FROM: Vincent A. Finizio Administrative Coordinator of Engineering RE: TRADEWINDS STIPULATION AND SETTLEMENT AGREEMENT APPLICATION OF APPENDIX "C.., SUBDIVISION AND PLATTING REGULATIONS Please provide my office with the specific sections and paragraphs of the above referenced legal agreement that would exempt Tradewinds Group from complying with all of the provisions of Appendix "C", Subdivision and Platting Regulations" I would like to receive your response prior to the special Planning and Zoning meeting ot September 17, 1990, at which time the developer will discuss my comments relative to required improvements and applicable laws of our City. Thank you. u -'-.. :. .. .. ~A ~-- .- Vincent A. Finizio () VAF/ck cc: J. Scott Miller, City Manager James Golden, Interim City Planner~ Central Files ) \' " '. , \ . '-.: "") ,,/ '; 7A1 WOOLBRIGHT PLACE PLAT NO. 1 PRELIMINARY PLAT Stanley Consultants, agent for Tradewinds Development Corporation, property owner, is requesting approval of the common element landscape plan, construction drawings and preliminary plat which provide for the construction of infrastructure improvements to serve a previously approved planned unit development. The project is located north of Woolbright Road, between the L.W.D.D. E-4 canal and the Seaboard Railroad right-of-way. The Technical Review Board is recommending that the developer resubmit the preliminary plat to address the attached staff comments for a subsequent TRB meeting to be held on September 10, 1990, at which time a decision will be made to either recommend that the plat should be approved or tabled. The recommendations from the september 10th TRB meeting will be distributed prior to the Planning and Zoning Board meeting. -== ST ANLEY CONSUL T ANTS -== OF FLORIDA, INC. LOMBARD CENTER 2000 LOMBARD STREET WEST PALM BEACH. FLORIDA 33407 (407) 842-7444 LETTER OF TRANSMITTAL ~e~~~ ~€4aL ::J/e DA TE :>A 91:' ATTENTION RE: I. PROJ. NO ./0 ~ TO CA ~ GS "fl)~ WE ARE SENDING ~ached o Prints [] Copy of Letter YOU THE FOLLOWING: [] Under Separate Cover [] Shop Drawings [] Change Order (l;h:7!ins [] Applications lB""'Che c k [] Specifications [] Samples [] QUANTITY ""'L ITEM DESCRIPTION " \.o...,lr uS) THESE ARE TRANSMITTED as checked belo~ VIA: ~APproval [] Sign and Return ~Delivered o For Your Use [] Inforllation [] Pick Up [] As Requested [] Returned for Corrections [] Federal Express o For Review and COlllllent [] Bidding 0 FAX o For Your Records 0 o Commercial Courier [] Me 11 o UPS o REMARKS COPY TO SIGNED NAME DATE kindly notify ua at onc.. STAFF COMMENTS WOOLBRIGHT PLACE PLAT NO. 1 PRELIMINARY PLAT BUILDING DEPARTMENT: See attached memorandum ENGINEERING DEPARTMENT: See attached memorandum UTILITIES DEPARTMENT: See attached memorandum POLICE DEPARTMENT: See attached memorandum ( 2) PLANNING DEPARTMENT: See attached memorandum RECREATION DEPARTMENT: See attached memorandum FORESTER/HORTICULTURIST: See attached memorandum BUILDING DEPARTMENT MEMORANDUM NO. 90-380 Revised september 10, 1990 THRU: James Golden, Interim Planning Director " Don Jaeger, Building & Zoning Director~j~~ v I: Michael E. Haag, Zoning & site Development Administrator TO: FROM: RE: TRB Comments - September 10, 1990 Meeting PLAT DOCUMENTS - WOOLBRIGHT PLACE PLAT NO. 1 (PRELIMINARY PLAT, CONSTRUCTION PLANS AND LANDSCAPE PLANS) Upon review of the above mentioned project, the following comments must be addressed in order to conform with Boynton Beach city codes: Preliminary Plat documents: 1. Specify the length of the North side of Tract "E". 2. Show and identify the required buffer area along the East side of the property. Include a statement with regard to the perpetual maintenance of said buffer within the plat dedications obligating the maintenance to the Woolbright Place Master Association. [Appendix C subdivision and Platting Regulations Article IX Section 3.] 3. Provide a statement on the plat Document which makes reference to the design of intersecting rights-of-way and lot lines which prohibits construction and plantings over three (3) feet high (based on the crown elevation of the street) which are to be placed in the line-of-sight cross visibility area. [Appendix C Subdivision and Platting Article X Section 7.] Landscape Plans: 1. show and identify the location of the Tree Preserve Area Tract "E" on the landscape plans. Provide the Tract "E" dedication language from the plat document to the newly established Tract "E" area shown on the landscape plan. The present landscape plans call for work to be done within Tree Preserve Area where the plat dedication states the area is not to be altered from it's natural state. The removal of the following exotic and nonatives species is required: Casuarina Sp. Brazilian Pepper Melaleuca (Australian Pine) (Florida Holly) (Punk Tree) 2. On the landscape plans show and identify the on-site line of site triangle at each public right-of-way intersection (triangle base and height minimum length thirty five (35) feet). Specify a clear unobstructed space between 30" and 72" in height to be maintained within the triangle area. 3. Where landscaping (other than required lawn grass landscaping) is provided in the public rights-of-way, complete and submit a Community Appearance Board application form and three sets of landscape plans to the Site Development Division of the Building Department. Community Appearance Board application form and landscape plans are required for landscaping that is placed on private property. Landscaping placed on private property shall comply with the requirements of the landscape code. MEH:ald ~ECElVEn SEP 1Q IJ~,., F.NGJNF.F.RING DF.PARTHF.NT HF.HORANUUH NO. 90-232 PLANNlrv \,;J 4..- of ~ Revised for 5th Review of 09/08/90 Sheet #1 of 3 '~... " TO: J. Hcntt Miller City Manager FROM: Vincent A. Finizio Administrative Coordinator of Engineering RE: TRR eOHMF.NTS - l.th REVI F.W PRF.LIHINARY PLAT SURHISSION/eONSTRUCTION PI~NS WOOLBRIGHT PLACE PLAT II TRAUF.WINnS GROUP STANLEY CONSULTANTS OF FLORIDA, INC. GRAND CENTRAL F.NGINEF.RING, INC. '. The Engineering Department in accordance with the City of Boynton Beach, Florida, Code of Ordinances, specifically Appendix "C", SubdivIsion and Platting Regulations, has completed a review of the above referenced submittal. My Jindings are as tollows: 1) The applicant has submitted a "conceptual" street lighting plan for Industrial Access Road, but Appendix "C", Article VIII, Section SB,l,(d) requires an Camplied------ F.P.L. approved set of plans. Plans as submitted have not been approved by 09/07/90 F.P.L. Submit an approved F.P.L. plan and cost estimate. NO CCMPLIANCE TO DATE * TO BE DETERMINED BY P&Z AND CITY aJ'v1MISSION 2) The applicant shall locate the subdivision entrance signage within the property limits of the Shoppes of Woolbright, Plat #1 and provide construction plans and surety for this required improvement. ~rovide a certified cost estimate for this required improvement. 3) The f1pplicant shall dedicate the Parks &. Recreation land (3~ acres) to the City of Boynton fteach in conformance with the guidelines set forth in Appendix "c" Subdivision & Platting Regulations including monies as determined by ( * )in 'lieu of land. Dedications shall be placed on the plat document. C I' 4) The applicant shall provide signature lines for the Mayor, City Clerk and amp 1ed------City Engineer on the PInt's cover sheet. NO CCMl?Llk.rc1 'ID DA'l'Z The applicant shall provide construction plans and easements for all buffers including a cost estimate for same. 6) The applicant shall provide a cover sheet for all development plans with a NO CXIvIPLIANCE location map to be located upon the cover sheet. Plans to be submitte~ in an TO D~ assembled format. . 7) Provide a grading plan for all vacant lots or parcels indicating proposed C~11ed-------finished elevations for earthworks. 09/07/90 Camplied------ 09/07/90 8) Provide earthwork calculations and tabulations regarding fill to be placed on-site and/or temoved from the site. An Engineer's Opinion of Cost shall,be provided for determination of fees. Earthworks shall be assured with proper surety in conformance with Appendix "c" and Chapter 8. Excavation and Fill. NO 001PLIANCE TO ~~ 10) Provide a maintenance association agreement which meets with the approval of NQ CXMPLIANCE staff for the perpetual operation. maintenance and improvement of common TQ DAT&-,~__,___elements. 11) NO CCMPLIANCE TO DATE 9) Provide a M.A.I. appraisal of the proposed plat. Provide geotechnical thnt the land~ to be indicating that the clean silica sand. elevations. tests for the dedicated park/recreation site to ensure dedicnted are comprised of suitable soils. Provide plans dedicated lands shall be brought to a buildable grade with Grade to be in compliance with SFWMD criteria for minimum 12) Provide a drninage system tor tile dedicated parks Rnd recreation site in NO CXl'vPLIANCE accordance with Appendix "C". TO DATE '.f , . con' t . . . . . Revised Sheet #2 of 3 '. ... ENGINEERING DEPARTHENT HF.KORANI>UH NO. 90-232 con't. 13) Provide an approved set of landscape plans as depicted on the Master Plans Partially for the puhlic rights-of-wRY for S.W. 8th Street and the Indm;trial Access Carplied-___._Rond. which shou] d inc lude t rf'('fl ] ocnted wi thin grnsfled swales I\S directed 09/07/90 by the C.A.B. Tree trunk diameter should be approximately 4" in diameter at Plan to be ,time of planting. Trees to be planted in excess of 4 feet from edge of pavement. apprv'd by t~ C.A.B. 14) Provide construction plans for the parks and recreation facility for which the applicant is attemptin~ to receive credits. Surety shall be posted to assure NO CX'.MPLIANCEthe construction of the amenHLes. All surety posted for the parks and TO DATE recreation sHe shall be recorded against the Woolbright Place, Plat ill property in the form or a 11l"n in nccordance with Appendix "C". Article rx. Sect ton R.(~. "Procedure". "The subdivider shall agree in writing (as a condition of preliminary plat) to dedicate land. pay a fee in lieu thereof. or both..... according to the Rt:mdnrdR nnd formula in this ordinnnce..... a lien IIpnn the property. Rhall he pnLd upon iSRII:lnce of the fIrst certificate of occupnncy or the transfer of title to any parcel or unit of land or improvements thereto". Note: ~ The City Commission during final plat submission, shall specify when the development of the park or recreational facilities shall be commenced. Section B H. "Commencement of Development". ": 15) As the applicant has modified the Master Plan. 5/15/90. to construct duplexes upon the land previously desi~nated as passive recreation: Roadway. Lighting. Drainage, Water, Sewer and Landscaping plans shall be submitted along with a cost estimate for the development of S.W. 6th Street extended to provide access to said duplexes. S.W. 6th Street shall be dedicated to the City within the dedication section of the plat. SEE NOI'E # 2 2 16) Submit a revised Master Plan depicting ~odifications approved by the City Commission. SEE NOl'E #22 17~Indicate on the plat document(s) a five (5) foot wide limited access agreement NO OOMPLIAN for all roadways and railroad rights-of-way. TO Dl'-TE NO 18) Provide a comprehensive certified Opinion of Costs for all required improvements. CQ-tPLIANCE TO DATE 19) The developer has disclosed that they are uncertain as to what amen~ties will be constructed within the PnrkR & Recreation site. The surety posted for the construction of the amenities should include the cost of generating development NO OOMPLIANCEplans for these items, thereby minimizing City costR should the developer TO DATE defAult in constructing recreation and pArks improvements for which there are no plans. Should the developer wish to submit this surety without plans. a subdivision VAriance in conj\lnction with the public heAring process shall be required for the parks and recreation sections of Appendix "C". '( \ TO BE DETERl'1INED CITY CG1MISSICl'I & P & Z BRO. 20) The Code of Ordinances provides for Recreation and Parks land dedications, fees. or both. but does not provide for trade-offs such AS construction work of like BYvalue (proposed by developer). materials, motor vehicles or any other type of asset tram;fers. Deviations from the "Procedure" section of Article IX. Section 8 G., requires a public heari~g in conjunction with the subdivision variance procedures list.td within Appendix "C". 21) In accordance with Article IX, Section B F. "Credit for Private Open ,Space" NO OOMPLIANCEindicate the location of the open space to be provided upon the plat documents. TO DATE 22) The master plan states that the Duplex Area is not included in the plat. This is NO CX'.MPLIANCE in direct conflict with the legal plat documents which indicates the Duplex Area Ian TO DATE at~ an actual part of the plat. Required Improvement construction plans shall be suhnitted for this area as the Not Included Note is in error. Correct the Master P] · .Al:!! preliminary docurrents and plans must cOincide with a legally rrect Master Plan. VAF/ck cc: Jim Golden, Interim Director of Planning~ ..~8J1}eS Cherof, City Attorney 09/08/90 . \. _ -D... Revised 09/08/90 ~...d::A~()J added. border notes ' . \ , . . Revised Sheet #3 of 3 ENGINEERING DEPARTMENT MEMORANDUM NO. 90-232 can't. September 8, 1990 23) Include the following language on the face of the Preliminary Plat documents in accordance with City Attorney memorandum No. 106 dated 9/7/90. (Recommended) "The right to construct and develop any of the improvements represented on this plat document and associated plat document development plans are contingent upon compliance by the property owner with all requirements of the City of Boynton Beach, Florida, Code of Ordinances, Appendix "C", Subdivision & Platting Regulations. Approval of this plat does not constitute a waiver by the City of any such requirements. All legal instruments, including deeds, agreements, bonds, surety, certifications or affidavits required by the Subdivision & Platting Regulations of the City shall be submitted by the property owner in conjunction with and as a precondition of final plat approval. 24) An on-site inspection of the lands dedicated for the Industrial Access Road as represented in Grand Central Engineering plans in relationship to the existing . rail system seem to indicate that the east end of the roadway will not vertically align with the existing rail system. Provide an elevation for the rail system to ensure that the road and rail systems align for the future construction of the rail crossing. 25) The Master Plan submitted to this office on 9/5/90 does not include the land- scaping along the Industrial Access Road as was originally depicted within the June 27, 1990 City approved Master Plan. The most recent Master Plan modification application and approval, was not submitted by the applicant for the purpose of modifying this landscaped area, therefore the applicant shall revise the submitted Master Plan to reflect that which was originally approved relative to landscaping and correction of the Duplex Area Note that states the subject lands are not a part of the plat, when in fact it is shown on the plat legal document as being a part of Woolbright Place, Plat #1. 26) The recently submitted Master Plan indicates that the lake is 6.04 acres. The Engineering Development Plans indicates the lake is 5.5 acres. The original City Commission approved Master Plan indicates the lake is 4.2 acres. Resolve all plan conflicts and indicate the actual acreage. 27) Submit landscape plans for the Industrial Access Road as depicted within the City approved Master Plan dated June 27, 1990. 28) City approval of the Water Distribution and Sewage Collection plans labeled "Woolbright Place PCD 22 Acre Commercial Site" does not constitute approval of the building and/or the off-street parking layout depicted within the same plan sheet number 8 of 12, dated April 1990, Stanley Consultants of Florida, Inc. 29) Submitted revised Master Plan states that geotechnical test data is attached. Geotechnical test data for the PUD has been received by this department, except fQr the geotechnical test data for the parks and recreation site which has not yet been received. 30) Delete Dry Retention Area and tie in the Industrial Access Roadway drainage system into the plats primary stormwater drainage system and/or provide a construction schedule as to when the tie in will occur, including backfilling of this area. Include a cost estimate for the cost of the additional work necessary to accomplish the tie in. 31) Provide a perimeter buffer along the east property line as depicted in the City approved Master Plan of 6/27/89. Submit Construction plans and cost estimate for same including associated platted easements. 32) The Engineering Department recommends the developer install F.D.O.T. approved continuous guardrails along the entire east perimeter of the lake to ensure that errant vehicles will be diverted away from this 20 foot deep body of water. LL...-~~:!-~ Vincent A. Finizio VAF/ck MEMORANDUM UTILITIES NO. 90-530 TO: Jim Golden, Acting City Planning Director FROM: John A. Guidry, Director of Utilities \~ DATE: August 31, 1990 SUBJECT: TRB Review - Woolbright Place Plat I - Preliminary Plat We can approve this project subject to the following conditions: 1. The i nte rconnect I ng g rav It y sewe r sect Ions adj acent to the Industrial Access road must be Included as an off- site, bonded Improvement if all tracts in the P.U.D. and P.C.D. are to have sanitary sewer service. The sewer improvements should be constructed no later than 21 months after the platting of the P"C.D., I.e., February 1, 1992. 2. The existing force main through the subject parcel must remain In service at this time, and wi 11 therefore require a new easement description and dedication. It currently lies within a platted right-of-way which is being abandoned by the new plat. The developer desires to dedicate said easement by a separate document, which must be furnished prior to Final Plat approval. Otherwise, we would forfeit our access rights to the existing force main. 3. We wish to re-aff I rm our tree species should not Interfere, either now or 1 I nes. prev I ous pos i ton that 1 arge be located where they would In the future, with utility JAG:gb bc: Peter V. Mazzella xc: Mike Kazunas Vincent Flnizlo - Engineering Dept. F i 1 e RECEIVED ~~t~P 4 1!8) PLANNi\~G DE.PT. - \I MEMORANDUM POLICE * 90-0110 TO: Ms. Tambri Hayden FROM: Lt. Dale S. Hammack RE: Woolbright Place DATE: September 10, 1990 I have reviewed the revised plans prior to the Special Technical Review Board Meeting of 10 September 1990 and, in addition to my original comments which were not addressed, I am recommending the following: 1. A guard rail be placed between the lake and S.W. 8th Street. # DedI ~~ Lt. Dale S. Hammack DH/cm MEMORANDUM POLICE # 90-112 TO: Mr. Jim Golden FROM: Lt. Dale Hammack RE: Woolbright Place DATE: September 4, 1990 As per our discussion at the Technical Review Board Meeting of 31 August 1990, I am recommending the following: 1. Industrial access road be renamed. (Public Safety) 2. Keep Right signs at all median cuts. (5-142C) 3. Provide turn around at end of Industrial access road. 4. Divided Road Ahead signs for south bound traffic on S.W. 8th Street. (5-142C) 5. Bicycle Path signs to be provided. (5-142C) 6. Comply with Construction Security,Ord. (5-8G) .lia::fJoIJ L~- . Dale Ha,mmack DH/dh RECEIVED SEP 4 1990 PLANNING DEPT. I PLANNING DEPT. MEMORANDUM NO. 90-291 TO: Chairman & Members Planning & Zoning Board FROM: James J. Golden, Interim Planning Director DATE: August 31, 1990 SUBJECT: Woolbright Place Plat No.1 1. The master plan modification ratified by the City Commission on May 15, 1990, required the dedication of 3.5 acres of land to the City for parks and recreation purposes, in accordance with Article IX, Section 8 of Appendix C-Subdivisions, Platting. The title to this land should be conveyed to the City prior to final plat approval. The remaining acre that is required through the parks and recreation dedication requirement is to be the equivalent of a cash payment in the form of public improvements of equal value to the park site. The amount of cash to be paid or the equivalent value of improvements should be based on either a recent purchase contract or an MAl certified appraisal and is to be set by the Planning and Zoning Board at the time of preliminary plat approval (Article IX, Section 8.D of Appendix C-Subdivisions, Platting). A copy of the purchase contract or the MAl certified appraisal must be submitted to this office prior to review by the Planning and Zoning Board so that the appropriate land value can be determined by staff and included in the report to the Planning and Zoning Board. In addition, the City should execute an agreement for the public improvements prior to final plat approval. 2. The landscape plan required in accordance with Article VIII, Section 5 of Appendix C-Subdivisions, Platting, and Section 11.B of Appendix B-Planned Unit Developments, must show landscaping details and cross-sections for all landscaping within public rights-of-way, buffer zones, and common elements and must be consistent with the approved master plan. 3. Common area landscaping, including required buffers, should be placed in easements and maintained in perpetuity by the homewners' association, with language for same provided under "Dedications" on the plat cover sheet. 4. A license agreement or some other form of legal agreement acceptable to the City must be approved for the landscape buffer to be located within the existing right-of-way for S.W. 8th Street, prior to final plat approval. 5. Requirements of the master plan modification approved by the City Commission on May 15, 1990, must be incorporated in the plat documents. However, the details for the duplex units can be provided in connection with the replat of this area of the PUD, as specified in Planning Department Memorandum No. 90-114. 6. The developer must file a maintenance association agreement for improving, perpetually operating, and maintaining the common elements, prior to final plat approval. Such documents shall be subject to the approval of the City Attorney (Section 11 of Appendix B-Planned Unit Developments). 7. Plat should reflect a 5 foot wide limited access easement adjacent to the proposed collector roads and the railroad right-of-way (Article IX, Section 3 of Appendix C-Subdivisions, Platting). TO: Chairman & Members Planning & Zoning Board -2- August 31, 1990 8. Provide 6 copies of a master plan which reflects the changes approved by the City Commision at the May 15, 1990, meeting (see approval letter and Planning Department Memorandum No. 90-114). 9. The proposed entry wall sign shown on the landscape plans at the corner of S.W. 8th Street and Ocean Drive is located outside of the boundaries of the project and is an off premise sign. The sign must be placed within the boundaries of the PUD and must be approved as part of an overall sign program for the PUD (see Sections 21-14.M and 21-15(f) of the Sign Regulations and Article X, Section 15.B of Appendix C-Subdivisions, Platting). J=I:~ JJG:frb Encs cc: City Manager Admin Coord of Engineering A:PM90-291 RECREATION & PARK MEMORANDUM #90-458 RECEIVED FROM: Jim Golden, Interim Planning Director Charles C. Frederick, Director ~~~? Recreation & Park Department ' ~~ - S::P 4 1990 PLANNjl~G DE-PT'! \ TO: - RE: Woolbright Place, Preliminary Plat #1 DATE: September 4, 1990 The memo of May 1, 1990 which is attached is still effective as our recommendation. The following issues need clarification: Land Dedication (4 1/2 Acres) The 3 1/2 acres of land dedication should be deeded to the City with clear title. It should be determined when this transfer of land shall take place. Basic engineering data should be provided, soil borings and drainage calculations on topographic data, to ensure the land is suitable for park construction. Appropriate quantity of fill should be provided if required to provide suitable grades for construction. The value of the fee in lieu of land for the remaining 1 acre needs determination. The developer should provide a recent sales contract or appraisal to make this decision. Our first choice is still to receive cash for the one acre, however, the developer has proposed that they provide in-kind work on the eventual park site based on the value of the one acre. If this alternate is accepted, it should be based on the City determining the type of work to be provided, the value of the work to be provided as well as a guarantee that the work will be provided once this park has been designed. Credit For Private Recreation Facilities The developer has requested 1/2 credit (4 1/2 acres) for providing private recreation facilities. Prior to site plan approval of the residential dwelling units, the developer must provide details as outlined in the sub-division ordinance, Section 8, which indicate the type, number, size, value and location of the private recreation facilities. Facilities and equipment shall be of institutional quality and grade. Once reviewed and approved, the facilities should be bonded. It should also be noted that the facilities provided must be available to all residents of both development P.O.D.'s as shown on the preliminary plat. Failure to provide the private recreation facilities as required by the sub-division ordinance will result in the developer owing the City an additional 4 1/2 acres of developable park acres or fee in lieu of the acreage. Attachment CF:ad CC: John Wildner, Parks Superintendent Vince Finizio, Administrator Coordinator of Engineering DOC:A:WOOLPL RECREATION & PARK MEMORANDUM #90-247 FROM: James Golden, Senior city Planner John F. Wildner, pa~ks ~uperintendcnt 11) Woolbright Place Master Plan MOdifica~o~ TO: SUBJECT: DATE: May 1, 1990 The Recreation & Park Department has reviewed the master plan modifications to the Woolbright Place planned unit development. The following comments are submitted: A. PARK LAND DEDICATION REQUIREMENT: 1_ Six hundred (600) multi-family units at .015 acres each = 9. acres 2. Assuming 1/2 credit for private recreation provided 9 acres X .5 = 4.5 acres B. LOCATION: It is recommended that approximately 3 1/2 acres of land be provided for park dedication and that a fee in lieu of land be provided for the remaining approximate 1 acre to meet the 4 1/2 acre land dedication requirement. Approval of this request will enhance the ability to develop as a full service neighborhood park: 1. The current 4 1/2 acres being proposed for dedication is along, narrow strip approximately 200 feet wide wi th an "L" shape at the southern end. The narrow strip borders Leisureville on the western side. The configuration does not lend itself to any type of acti ve park development as buffers are necessary for adjacent residents. With buffers provided, the width available for development is limited and restricted to passive development only. 2. It is recommended that the acreage dedication start on the south side of Ocean Avenue, then run south to the proposed property dedication line. 3. A fee in lieu of land would be provided for the acreage originally proposed for dedication north of Ocean Avenue. TO: J~l1lCS (~Ql.dcl\, Senior (' i ".y PlClllner RP.: Wonlbright l'lacc MM':'.Cl' )'l]Ml Mod.i.fici\tion r.,.,y t, .t q~o t'-1gC :' () r /. ----------------------------------------------------------------- 4. l\nother vaCi\nt "l." p<\rccl of ilpproximi\tely 1 .1CI0.i:, )oc:'t1tcc1 on the sOl1thettst side .'ldjilcent to th(' p'~n~('r' y t(~ be dedicated. l\cquisition of this propcrty by t.he Cl 'y uti.1i?ing the fce receivNl for the rlpprnximtlt(' 1 ,",('1(' fn'ln 'l".,"litC'windR will provide tt l'tllk ~llr' of ilppt oxima tely t\ 1/7. acre~. The si te \-li 11 h\\ve " cnnfi g\1rntion (wider .1nd ~q\1ared off) which will .1110\01 fOl. both net-ive ilnd passivC' pi1rk development fei1tul0.S. i1S La}~e Boynton Estates as well as the rlltun~ TrildC'\o1inds deve] opment cnn he ilnticipated to hOllr.;0 m.:lny youth, adequate space for active recreation facilities is desirablc. C. CREDIT FOR PRIVATE OPEN SPACE: The Park Land Dedication Ordinance provides for up to 1/2 credit {or private open space, If it provides a minimum of five (5) local park basic requirements, -rhe dcvclopcr has indicated that he intends to apply for this credit. Rcforc credit is granted, the developer must indicate details regarding type, numbcr and size and locations of the private recleation facilitics (per subdivision code section 8). Specif ications must also be provided indicating recreat.ion equipment installed will be of industrial quality. ~',f.t If/.,c.l.('{t ,--'.1 / ohn Wildner, Parks Superintendent t) Recreation & Park Department JW:pb Attachments cc: J. Scott Miller Charles Frederick RECREATION & PARK MEMORANDUM #90-465 FROM: Vincent Finizio Administrative Coordinator of Engineering Kevin J. Hallahan ;.jr\-IJ/ Forester /Hort icul turist 'f! 1'/ v Shoppes of Woolbright/SW 8th Street/ Lake Preliminary Plat #1 (Revised) TO: SUBJECT: The following comments pertain to the landscape plans submitted for the above, especially as they relate to the Tree Management Book for the Woolbright P.C.D. (January 30, 1990). 1. Page 1 of 6: The shrubs listed do not contain 30% native species. These plants were to be shown in the other medians proposed for construction. This has not occurred. The median shown at the bottom of this page should be landscaped in accordance with the City Policy & Procedure Manual. This has not occurred. 2. Page 2 of 6: Industrial Access Road - Approved Tree Management Book (January 30, 1990) for the Woolbright P.C.D. show this area as an existing tree preserve and relocation area. There are three areas designated B, C, G that are to be protected with tree barricades and preserved. The plat documents show this area as "Tract A" for construction of industrial access road. The preserve areas exist within the road corridor which must be preserved under the Tree Management Book plan. The proposed road could be relocated north or south of the proposed site, and provide for continuity of the preservation areas. The approved Master Plan 6/27/89 for the industrial access road show landscaping to occur within the industrial access road R.O.W. which is not indicated on this sheet. 3. Page 3 of 6: The sheet does not show trees 30' o.c. beneath the FP&L lines adjacent to the lake. The list of Yellow Elder, Crape Myrtle,and Pitch Apple suggested in the last memo has not occurred. The exact location of all street trees will be determined by the City at a later time, based upon consideration of all T.R.B. members. All trees to receive irrigation. 4. Page 4 of 6: The lake plantings management plan should be documented in a separate report to coincide with the statement on the plans. This document should be part of the Homeowner Association documents. The plant list should indicate the heights of the liner/collected species. 5. Page 6 of 6: The trees shown on the list as Pond Apple (4-5' ht.) and Bald Cypress (6-8') must be 8' ht. minimum at time of planting. 6. Master Plan Sheet - The 25' landscape buffer, including berming, should have construction drawings showing types of landscape materials, irrigation systems and a cross section. I Attachments CC: James Golden, Interim Planning Director Carrie Parker, Assistant City Manager KH:ad r-" STANLl:. { CONSULTANTS OF 'LORIDA, INC. " ., 2000 Lombard Street · West Pllm BAach. FL 33407 Tel. 407/842-7-144 . F:l.' 407/842-0674 February 28, 1990 n~lc,~ 7/~/1D I". l1IJLA U/Y..A-~t""'" (...pl"( ~ F- Mr-. MHo Morton Trldowind~ Development Company 902 Clint Mooro Road. Suite 124 Boca Raton, ~L 33487 Re: WOOLBRIGHT PLACE P"C"D_ STANLEY CONSULTANTS PROJECT NO. 10310. Dear Mr. Morton: This letter is in response to the meeting held on February 27, 1990 at the City of Boynton Beach between Kevin Hallahan, Robert Gomez and David Lockmiller. The primary topics of concern that have evolved with Home Oepot are the limits of the tree clearing permits and most importantly the required sequence to follow prior to any further land clearing and grading operations. From the meeting, the following outline of phasing activities was developed by this office to help coordinate the responsibilities and further d.velopment on the project. Sequence of tree preservation and relocation work prior to land clearing/grading operation are as follows: Note: Phases one and two must be followed in seQuential order. Phase One - Includes the P"C"D. and industrial access road. * The contractor s@l@ct@d by Trad~windc O@v@lopment Company to relocate trees ~hould be notified at ~oon at po~sible to ~oot prune the larger or more ~uccoptible plant material to ;ncrga,g th~ survival rate. It i~ imperative that thesQ plantt be freo of any invasive vines, selectively pruned and supplied with adequato irrigation to in~urg their ~urv;val" * Tradewinds Development Company will install tree barricades ~ccord;n9 to the construction detail supplied by St~n'ey Con9ultant, or approved equal around the designated preservation area in the industrfal access road corridor and the restoration area along the south property 1ine of Home Depot. * Tree barricades for the designated preservation area in the industrial access road corridor and the restoration area along the south property line of Home Depot shall oe field inspected and approved by Kevin Hallahan, City Forester of Boynton Beach. ""E~llf" OF TH( 6TANLEY CONSUL iANTS QI'lOUl> . I.'JT~"'I\l"TIO""'l CON'VI.'T''''NTe IN INOINIII!,'\INO, ","O",I"'I'(')TI.".. ... ............ ."_....'. _~. ._. _ GO'd SV:tI Ofi'9Z JPW ~)qO zvo . ON _ T=ll ~ ~ ~ M~. Mike Mo~to" 'Tradewinds Woolbright Place February 29. 1990 - Page Two * Tradew1nds Dev@1opment Company to proceed in filling existing lake to the proposed grade in order to receive relocated plant material. NOTE: Imp1@mentat10n of Phase TWD tree preservation and relocatIon sequence may begin (see Phase Two). * Trad@w1nds Development Company w1l1 locate and dig we11s for the trte restoration areas as follOws: industrial access road, P.C.D. western property line adjac@nt to the LWOO E-4 canal and also along the former right of way of S,W. 8tn Street. * Stanley Consultants will submit final restoration plans denoting those areas designated to receive relocated plant material. These plans will delineate plant groupings and number of units to be relocated. The restoration areas to be id@ntified are as follows: industrial access road, the P.C.D. west@rn property line adjacent to the LWOO E-4 canal I the fo~mQr S.W. 8th Street right of way, perimeter of the proposed 6 ie~~ la~@. Home Depot. S.W. 8th median and right of way cor~idor. P.C.D. p~rk;ng area and perimeter landscape strips. * Tradewinds Development Company will relocate tree plugs from the p.c.O. area. The P.C.O. limits will be verified by the field stakes provided by surveyor de$ignated by Tradewinds Development Company. The plant material will b~ relocated from this area to both the industrial access road and the P.C.D. western property line adjacent to thg lWDO E-4 canal. If the development schedule allows, existing plant material in the P.C.D. should be reloceted to the othQr designated restoration areas. * Tradew1nds Development Company wil' install tree barricades aCCordJng to the construction detail supplied by Stanley Consultants or approved equal along the restoration area of thQ P.C.O. western property line adjacent to the LWOO t-4 canal. ~O'd 9v:1I 06'9~ J~W ~L90 cvB 'ON_131 '. " r\ " Mr. Mike Morton Tradewfnds Woolbrfgnt P1ace February 28, 1990 - Page Three ~ Tree barricades for the restoration area in the 1ndustr1al access road and the P.C.D. western property l1ne adjacent to the lWOD E-4 canal shall be field inspected and approved by Kevin Hallahan, City Forester of aoynton Beach. Phase Two - * Includes the northern half of S.W. 8th Street and the proposed 5 acre lake. Trad~winds Development Company will survey S.W. 8th Street for the purpose of al;gnment only. Site clearing should be limited to $urvQying actfvit;es only in order to determine the availability of plant materials for relocation purposes. * Stanloy Con~ultant~ shall prepar~ an EXISTING TREE PLAN for the northern half of S.W. 8th Str~et right of way corridor and the proposed; acre lake area. Yo- Cfty of Boynton Beach City Forester shall approve the EXISTING TREE PLAN for the north~rn half of SW 8th Street and the 5 acre lake are8 prepared by Stanley Consultants. ~ The contractor selected by T~~dewinds Development Company to relocate trees out of the S.W. 9th Str~et can begin work. * Tradew1nds Development Company will notify d~5ignated surveyor to stake per1meter of clear1ng limits for the proposed 5 acre lake and preservat10n areas adjacent to the 1ake. Tradewfnds Development Company w1" install tree barricades according to the construction deta1l supplIed by Stanley Consultants or approved equal around the ex1st1ng preservation areas occurring adjacent to the proposed 5 acre lake. Tree barricades for the existing preservation areas occurr1ng adjacent to the 5 acre lake shall be field inspected and approved by Kevin Hallahan. City Forester of Boynton Beach. Tradewinds Development Company will relocate root pruned tree plugs from the proposed 5 acre lake area to the designated portion of the former S.W. 8th Street right of way. * * * VO'd 9v:lt 06'9~ JeW vL90 lv8 . oN- 131 .. ,.-...., ~ Mr. Mike I-1orton ,Tr~dew;nds Wool brlght: P1 ace FQbruary 28, 1990 . Page Four ~ Tradewinds 09v~'opment Company will install tre~ barricades according to the constructfon detail supplied by Stanley ConsultAnts or approved equal along tha aastern side of the former s.~. 8th Street ri9ht of way restoration area. This wi" protect it from th~ lake 9xcavation op9rations and still allow tr@e relocation activitfes to occur. ~ Tree barricade! for the restoration area along the former S.W. 8th Street right of W3Y !h~ll be field inspected and approved by Kevin Hallahan, City ror~~ter of Boynton Beach. * Tradew1nds ~evelopment Company can clear and excavate propos~d 5 acre lake limits f1eld staked by sUrv~yor. * Tradewinds Development Company wf1' relocote root pruned tree plugs from available donor s1tes to the 5 a~re lake perimeter for restoration purposes. * Tradewinds Development Company will 1nstall tree barricades according to the construction d~tails suppl1ed by Stanley Consu1tants or aporoved equal around the restorati0rt area adjacent to the 5 acre lake. * Tree barricades for the restoration area adjacent to the 5 acre jake shall be field inspect~d and approved by Kevin Hallahant City Forester of Boynton Beach. In closing. it n@ed~ to be determined as to who is responsible for coordinating the activities stated in the above schedule. This will help to a~oid scmQ of th~ sChedulfng conflicts that have already occurrQd on this project. If you have any questions, pl~~se contact th~s office at your earliest convenience. p;;JiJ/U Dav1d W. LQck~iller, ASLA Landsc8p~ Ar~h1t@ct State Of Florida License No. 10B3 DWL/mjb SO'd Lv:tt 06'9~ Jew VL90 ~VS . ON_ 131 .......------- -' -----------..--- - -/',-:- / ...- ----. 1 f- ,) ~ >1~'1 /r ~ It,;, :~' w .L' .... II. '. W 1---'. - T ..,.. . 0: ~). ( ., 16 \.! . '. 22 r-'l- \}l i\~~ j~ c.9!: -, (/1 -"" ~ --~- eOA .,;); I ~ -I ~ 54A ,~~ Yri ' , N.'N. ~ , , \ I ~26 \- 6 C' a -I 37, :~.1\22 I ., .; 19 .. i ,)('EAN , I l~~ at 4: _I I . t , . . ~.- 2..: I c....... ::~ " 31 :' .,.., .,~I @) 29 " ~- ..,. 0' \0 j 29 . -- ",-~ 24: 27 . ~ . s,w. ...- t , i I I I I ' L\", L- ".'. . -=." - I 6 t: I './ ...-.- f". 22 ','2!S - I: - 21 I! 1..24 ~ \ - 201 -I ., ;~, c ~ . ~ ~ 4 8 ff~' 1-"""" , I .1 If) I '"';: ,. 2 I~ ~ .- I~ ~ 20 : ~ I 21 : .' .- \ " .' '11 - .' ' .. IOj 9 'I 2 2 4 :3 2 ~- 4 - - - , '. " I ;oJ IS 13 _r 2-' 14 : 16, 1'7 I- - - ~ 22 2~ - 1- - , . I I " . 15,'. -- """" "" ..-...,~ , J. , - - , i ~ , .f . ---:-r li7\ D . ~.I 1 ~2_ . . -.,.- 26/ 2: -- 0 FEE IN LIEU OF LAND I- 1711~ (APPROX. 1 ACRE) ~ ~ :5 D - RECOMMENDED DEDICATION ') (APPROX. 3 1/2 ACRES) C I 0 TO BE ACQUIRED BY CITY 10 III. (APPROX. 1 ACRE) -!~ .8.1 \ , -I l' 1, S VII '~QEJ firJ 14 ~I 1ST I /'.. I.-: 13 1 . ~ 9 -~ - I 5.11 ." . 16 3.1 ; ~ '~I~1 15 17l LL~ -'. ~r ll~, T :11 I' I !~.'l'l' I' . ; t418ISCU PARK 5, C~- ~I~' I 1'7 II ~ . V.. . 3ND' -;..::~:::::-..._..;.. , -- l' : , . ~. . " I 1- ,,\,1 ~ 2.1 I ~ 5.1 ", \t ,I' - ., i... - "4f_ ~ ''''''''' ,..... , .. ., , . , ~ 1'3, ll,Jlzzl ; \~I 2::.1 17 Ig t - - ,,' I "" ,1.' ". \ ~~ o. !: ,.' I , ~ ..... . I " , ~ s W -==-: 4TJ-I RECREATION & PARK MEMORANDUM #90-459 TO: Vincent Finizio Administrative Coordinator FROM: Kevin J. Hallahan Forester/Horticulturist of Engineering ~ RE: Shoppes of Woolbright/SW 8th Street/Lake/ Preliminary Plat 1 DATE: September 4, 1990 The following comments pertain to the landscape plans submitted for the above. 1. Page 1 of 6 - The shrubs listed do not contain 30% native species (place plants in other medians). The median shown at the bottom of the page should be landscaped in accordance with the City Policy and Procedure Manual for medians. All medians in the roadway must meet these guidelines (attached) . 2. The developer should plant trees 30' on center (Laurel Oak) along the outside edge of R.O.W. on SW 8th Street. Where there is an overhead utility line, the trees planted should be from the Florida Power & Light recommended list of small to medium trees (Yellow Elder, Crape Mrytle, Pitch Apple). The treescape should be consistent with the entrance-way trees planted in the swale areas, in diameter and overall size. All trees must receive irrigation. 3. The lake plantings management plan should be documented in a separate report to coincide with the statement on the plans. This document should be part of the Homeowner Association documents. 4. The 25' perimeter landscape buffer including berming should be part of the Homeowner Association documents. The portions of the landscape buffer which will be the responsibility of the developer should be noted on the plat sheet. Item #4 may be submitted to the City at a later date under separate entry. Attachment CC: James Golden, Interim Planning Director KH:ad RTICI~I'!ED Sf? ,~, J~ PLA;".~li\G DEPT~ .... \ POLICY & PROCEDURE MANUAL MAJOR ROADWAY MEDIANS This manual applies to roadway medians within the following arterials in Boynton Beach: 1. U. S. Highway #1 2. Congress Avenue 3. Boynton Beach Boulevard 4. Woolbright Road 5. Hypoluxo Road 6. Lawrence Road, Seacrest Avenue (if applicable) These guidelines are for developers who are required by the City Comprehensive Plan to landscape and provide irrigation to roadway medians adjacent to their project site. The plans must be included as part of the Technical Review Board review performed during project site plan submittal to the City staff. The landscape plans designed by the applicant meeting the following requirements, will be submitted to the Planning Department together with the site plan. A copy sent to the Parks Division Urban Forester. 1. Developers will submit landscaping plans for medians in accordance with the following guidelines: A. Shade or flowering trees every 40 lineal feet (50% native species) in center of median. B. Flowering bushes and/or groundcover plants located on terminal ends of medians (30% native species), C. Grouping of shrubs/bushes located in sporadic clumps rather than long continuous hedge line. D. Grassed path of minimum 60" wide to allow riding mower to pass from one end of median to other. E. A two foot (2') wide mulched area along inside perimeter of median to provide walkspace for maintenance personnel. Area can be sodded as an alternative to mulch. ~ f, 1~~~ ~f ~~~ ij~~~ t~ t~ ~~t~r~i~~~ dt ti~~ ~f r~~i~w, G. An irrigation plan depicting location of heads, valves and controllers submitted with landscape plan. H. Three inch (3") Melaleuca mulch applied to all planted areas except sod. 2. Plans shall be reviewed by the Parks Division, Urban Forester and approved as part of the Technical Review Board and Community Appearance Board process. 3. The landscape plans must be consistent with the Community Design Plan criteria for the area of the City where the project site is located. 4. The applicant must apply for a permit to the appropriate State or County agency to perform the work in the median. 5. The appropriate City person must sign the completed permit to allow the Parks Division to assume perpetual maintenance after installation. 6. The developer shall bear all costs of installation, including curbing, plant materials and irrigation. Installation shall include: A. Spraying grass areas with chemical to destroy all grasses two weeks prior to installation of plants/trees. B. All dead grass removed from site, not plowed under soil, additional spraying performed to destroy residual grasses. C. Any existing irrigation system changed to provide adequate water to newly planted materials from outside curb edge spraying into center. D. All existing shellrock or road construction debris excavated from planting areas to depth of tree/plant rootball. E. All trees/plants installed lower or level to existing soil grade, using topsoil and Terra-Sorb granules as backfill mixture. F. Trees/staked where necessary. - i ~ Ii ~ I f" '! ~ ~:it i : i ; g I? ~ I . en lH~. h I, II ~ (r) In ~ I- et: -' 0... ~ r-- C!>Ul o...et:et: wo ru(T) H Ul .....(T)II WI- ~o I-et:al -' <t:..J 'WLL I-o...o.l!) Ul ~z WUl <t:r WfTJlIf- Zf- Z ::l 0 <t: f- .::l 1-f-<t:IO o.ZUl..JI-U >-wo.::l wo OI UCDZUl(fJU et: ow <( ..JWf-r--LDW o.~Z<t:~al <t:>-r-- 1--10Ulo.~ :r: alWH..J l!) I<( H!.LWZUlo. a.o~oz al <t:1-~ -'Z..JZOI 00= >-I-U OH 0 <t: 3:1- al.W a.~ Olal 1.L0ruwru oo.fTJY: Z <(zo ..J01- HZ 1->- ~UO /"-Wal .....(fJ LL ZO H >- WI- <t:.e:~~~ ::J t- ro.H Ul o I- <( -.J 0.. w u <( -.J Q l- I (!) 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I I = ~ . 2 a : ~ a ~ g ~ . . n ~ ~ ~1 I I~ I i ~ OJ Ii ~ i ~ I ~ I I 'I I 'I I I, L _. ._ _ .J __ J ... ~ :'1 'if:" ~i~ ~;~ ~: ( .'. il~ JilN ~ T . " (. ? i I .I >- ~ " ti g . ':Sa I .~ . ~.~ ; ~~ : ig \ 1'/,. ,~ \ ;\ ... ~ ... 'e 1!I u~, I~ ~ *. ~I ~ , Ii d .~ ~I ~ J B ~! ~ ~ II! = I~ ~~ ~ eo i w Ii ~E 0 ~ ~ *. ~. a ! _ ~ "Se Wi!; 01 Ih dl, ~I J 2g a! ~ ! ~ ~~ <it ~at s . '..." ~. - "Il!ll 9 'a '~8e a w t.~ i! . ~ ~ Ii. ~a J a . ~~,.:~.~ ,i II ~~ I~ ~I& t~~. ni i~ ~2iH aid o. I o~"K ~."'. !s~1 . Il! " .u ~ ~i. ~"~~. .. . ~~ .* .",.; h'~w.s'!, "~. "a f i ~ I ~I ~! ~ ~~ WI!! . .Ii~.; I~ ;.:~ ,gl*- ~ ~g ~ i 6~ ~~I n a;~. a. ~ >-, ii. s~ ~ 5 Il!' W 1l!8 hwH ~ 5~ . 111 i ~ ~. w. ~ ! IH ~:~ i;~ ss w~~:'i ~ ~Il! ~ ~ !! ,Il! wi i~! i.~... I~~"" .~ ~~ ill; . ~! j ua ai P iH~ i~" -" !. ~g.r= :UN. *~a ;' . d~ ~~ !i~:! 11"3 ~=.~ili j I~~ it~ wi ~h.* !!~; ~ =~; ~~m~! a w ~~ ~ ~I.i~~ if 9a '. ,. . .~~ 5 9 "Ij~ ~ ~ lig"a i !H I. al ;m~~ hiil ~'ii i~ ~ Iii ~~ ~~ wa .. N "" .. '"" , ' ~ ' () ~ -lliS I. I u 0; ~~ iil~ ~~ : ~~, o~ ~~ , ~- ~~ ~ e~ ~w ii ;~ ;~ 'l ~ ~~ :~~;:~ :g~~::J 111...."'...'-.) ",j ,~ :! ~ , " ~ ,:~~ ~ ~ * 6 i:i~ ~ I~ e J~ ~.ffi.~1 ~> . ..~i ."Ii 00" ~t~ >-~. " .) jtjll IC.JV,'4 ~ ~ -~ ;t~ RECREATION & PARK MEMORANDUM #90-461 RECEIVED TO: Jim Golden Interim Planning Director John Wildner j~ Parks superintendent/' Woolbright Place, Preliminary Plat #1 SEP 10 1900 ~NNJNG DEPT. FROM: ~',-::- RE: DATE: September 10, 1990 The Recreation & Park Department has reviewed the latest submittal concerning Woolbright Place, Preliminary Plat #1. Our memo's #90-450 (September 4, 1990) and #90-247 (May 1, 1990) remain in effect. CC: Charles Frederick, Director Recreation & Park Department JW:ad REC~EATI9N & PARK MEMORANDUM #90-461 FROM: Jim Golden Interim Planning Director John Wildner /14) Parks superintendentl ~ Woolbright Place, Preliminary Plat #1 TO: RE: DATE: September 10, 1990 The Recreation & Park Department has reviewed the latest submittal concerning Woolbright Place, Preliminary Plat #1. Our memo's #90-450 (September 4, 1990) and #90-247 (May 1, 1990) remain in effect. cc: ~harles Frederick, Director Recreation & Park Department JW:ad CITY OF BOYNTON BEAC11 Planning Depart.ent 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 FAX NUffnER (407) 738-7459 OFFICE NUMBER (407) 738-7490 FAX TRANSMITTAL COVER LETTER Date: 7~ t -- 7 0 To: . .Time: ytJ ?-d)l/- {JbVb I ' Fax Number Transmitting To: From: Transmitted (including cover letter): cY Number 6; ~~ ;ou~ Remarks: PL. ~ING DEPT. MEMORANDUM NO. ~0-114 TO: J. Scott Miller, city Manager FROM: Timothy P. Cannon, Acting Planning Director DATE: May I, 1990 SUBJECT: Addendum--Woolbright place Planned Unit Development Revised Master Plan This memorandum is an addendum to Memorandum No. 90-102, Wllich Wd::: included in tlH= agenda for the Nay 1, 1990 city Commission l1lE:etlng. After consulting with t.he Recreation and Parks Director, thE: Planning Departmellt is recommending that the develuper dedicate approximately three and one-half (3.5) acres of property to tll~ City. and pay the .::ash equivalent of one (1) acre. 'l'l1e location (.1f thE, 3. 5-acre parcel (Parcel "A") l~) ShOh'll on the attacht:d lllap, The money which \1./Ould be paid to the Ci ty would then be uSE,d to purchase an adjacent vacant parcel (Parcel "B") which contains apPl'oximately one acre. The reason fol.' this reCOll\l1H=lidation is that resulting configuration would be more usable for neighborhood r'ecrea tion f ac 11 i ti es, \1he1'ea::- the parcel that 'rradE:h'inds owns is only 200 feet dt2ep and would be 1 imi ted ma inl y to passive recreation. The Planning Department :is also recommending that the portion elf rlle project which t.::xt~llds to the lIClrtht2ast, along the railroad tracks be permitted to develop for one-::tory duplexes. Th2re ar~ a number of duplex2~l 'dInch lie 10119 the rail1'oad trd-::ks to the nOl't.ll which art2 wt2l1-mal.ntained. Ratht:::r than let this area ll.st2d for for passive recr~dtion, which is likely to rt2sult in the art2d becoming a maintenance problem, it would be more desirable for tile existing Melaleuca trees to be cleared and the property developed. Therefore, this strip should remainin the PUD, but but should be required be replatted for duplex lots. Replatting should include requil-ements that s. W, 6th street be constructed, dDd that a row of trees and shrubs be installed along the west side of the drainage ditch, in a dedicated landscape easement, in order to SCreE.:ll the llt2igllbol-llOOd from the railroad trctcks. This buffel-, as \vell as all other buff8rs which protect adj acent neighborhoods, should be l.ncluded ill the Tree Management Plan for the project. Drainage ~asement~ would also need to be dedicat8d fOl' the City-maintained dl'ainage pipes which nm from the S. hI. 6th Street right-of-way to t:h.~ drainage ditch. A)7.'~ Timothy P. Cannon EN3INEERING DEPAR'IMENI' MEMORANDUM No. 90 - 234 To; J. Scott !'4iller City Manager September 6, 1990 From: Vincent A. Finizio Administrative Coordinator of Engineering Re: Woolbright Place Plat #1 Prelimanary Plat Submission for Special T.R.B. of September 10, 1990 Please be advised that the applicant for the above referenced project stated at the August 31, 1990 meeting of the Technical Review Board, that plans re- flecting corrections and revisions in accordance with associated T.R.B. staff corrments, would be delivered to this office no later than 9:00 a.m. Wednesday September 5, 1990 in order for the T.R.B. manbers to have sufficient time to transmit and review said plans. To date this office has received a partial submittal of Florida Power and Light plans (received 9/5/90 1:00 p.m.) and plat docurrent(s) delivered to your office at 9:00 a.m., 9/5/90. In your presence the applicant understood and agreed to the fact that the City would provide then with a special T.R.B. meeting rim September 10, 1990 conditioned upon the City receiving all required plans which meet with all the provisions of Appendix "C", Subdivision and Platting~ including resolving T.R.B. staff ccmnents. It should be noted that the developer's 'engineer representative Clete Saunier contacted this office requesting a copy of all staff oamments relative to the August 31, 1990 review. The Engineering Department's Administrative Secretary prepared a complete set of comments (original sent via certified mail) as the developer's engineer wished to pick them up in person. The ccmnents were not picked up and they renain in our out box. A comprehensive file has been maintained on this project, and a memo to file has been generated to document this incomplete submission. The Engineering Department will attend the September 10, 1990 meeting with the same ccmnents as those generated during the August 31, 1990 meeting. In accordance with the provisions set forth in Appendix "C" Subdivision and Platting Regulations, this Department will not forward ~tt.als which do not meet with the provisions of this ordinance, to the PI~.~n~an! Zoning Board. <<l:-=t:.:. .2;. JUiCElVED vin:;'~-: tiZlO' 'zs " s .!,' fP ~ :~~ PLANNING DEPT. cc: City Attorney T.R.B. rrerrbers - --.-- ENGINEERING DEPARTMENT MEMORANDUM September 5, 1990 TO: TECHNICAL REVIEW BOARD MEMBERS FROM: Vincent A. Finizio Administrative Coordinator of Engineering RE: SPECIAL T.R.B. MEETING - SEPTEMBER 10,1990 - 9 A.M. WOOLBRIGHT PLACE, PLAT #1 PRELIHINARY PLAT SUBMISSION Please be advised that a special T.R.B. meeting has been scheduled for September 10, 1990 at 9 A.M. in the Engineering Department Conference Room. The above referenced construction plans and preliminary plat documents will be distributed to your respective Department Heads during the September 6, 1990 City Manager's staff meeting. T.R.B. comments shall be presented by each T.R.B. member in a typed format, as the comments may be immediately transmitted to the Planning and Zoning Board for their consideration during their regular September II, 1990 meeting, should the plans meet with all the provisions of Appendix "C", Subdivision and Platting Regulations. Your cooperation in this matter is appreciated. u; ~~ · · ..""'--'.....:k~. ..~ Vincent A. Finizio cc: J. Scott Miller, City Manager lQCElVEn SEP 5 1990 PLANNi/~G D ~ VAF/ck , MEM ...AN DUM NO. 90-380 Revised . September 4, 1990 , . TO: James Golden, Interim Planning Director THRU: Don Jaeger, Building & Zoning Director ,..' r FROM: Michael E. Haag, Zoning & Site Development Administrator RE: TRB Comments - August 31, 1990 Meeting PRELIMINARY PLAT & CONSTRUCTION PLANS-WOOLBRIGHT PLACE PLAT #1 Upon review of the above mentioned project, the following comments must be addressed in order to conform with Boynton Beach City codes: 1, Specify the sod species on the construction plans which show the required improvements. 2. Indicate on the construction plans, which show the required improvements, the location and size of the line-of-sight triangle required at all accessways and public right-of-way intersections. 3. Where landscaping (other than required lawn grass landscaping) is provided in the public rights-of-way, complete and submit a Community Appearance Board application form and three sets of landscape plans to the Site Development Division of the BUilding Department. Community Appearance Board application form and landscape plans are required for landscaping that is placed on private property. Landscaping placed on private property shall comply with the requirements of the landscape code. 4. Show the west border of the plat on the A-A typical section drawing of the lake found on sheet 4 of 6 of the landscape plans prepared by Newlands Design Group Incorporated. 5. Provide a statement on the Plat Document which makes reference to the design of intersecting rights-of-way and lot lines which prohibits construction and plantings over three (3) feet high (based on the crown elevation of the street) which are to be placed in the line-of-sight cross visibility area. [Appendix C Subdivision and Platting Articles X Section 7.] 6. The off-premise sign shown on the landscape plans is prohibited. Eliminate off-premise sign or relocate Sign to property owned by the applicant. ~!?4 el E. Haag RECEIVED ::: - ' - ~.::) PL.Ar../~ll~G DEPT. " I' ~ .. ..--.- . .' ENGINEERING DEPARTMENT MEMORANDUM NO. 90-232 September 4, 1990 TO: J. Scott Miller City Manager FROM: Vincent A. Finizio Administrative Coordinator of Engineering RE: TRB COMMENTS - 4th REVIEW PRELIMINARY PLAT SUBMISSION/CONSTRUCTION PLANS SHOPPES OF WOOLBRIGHT, PLAT '1 TRADEWINDS GROUP STANI,EY CONSULTANTS OF FlnRIDA, INC. GRAND CENTRAL ENGINEERING, INC. The Engineering Department in accordance with the City of Code of Ordinances, specifically Appendix "C", Subdivision lIas completed a review of the above referenced submittal. Boynton Beach, Florida, and Platting Regulations, My findings are as tollows: 1) The applicant has submitted a "conceptual" street lighting plan for Industrial Access Road, but Appendix "C", Article VIII, Section 5B,l,(d) requires an F.P.L, approved set of plans, Plans as submitted have not been approved by F.P.L. Submit an approved F.P.L. plan and cost estimate. 2) The applicant shall locate the subdivision entrance signage within the property limits of the Shoppes of Woolbright, Plat #1 and provide construction plans and surety for this required improvement. Provide a certified cost estimate for this required improvement. 3) The applicant shall dedicate the Parks & Recreation land (3~ acres) to the City of Boynton Beach in conformance with the guidelines set forth in Appendix "c" Subdivision & Platting Regulations including monies as determined by staff in lieu of land, Dedications shall be placed on the plat document. 4) The applicant shall provide signature lines for the Mayor, City Clerk and City Engineer on the Plat's cover sheet. 5) The applicant shall provide construction plans and easements for all buffers including a cost estimate for same. 6) The applicant shall provide a cover sheet for all development plans with a location map to be located upon the cover sheet. Plans to be submitted in an assembled format. '1 7) Provide a grading plan for all vacant lots or parcels indicating proposed finished elevations for earthworks. 8) Provide earthwork calculations and tabulations regarding fill to be placed on-site and/or ~moved from t~e site. An Engineer's Opinion of Cost shall be provided for determination of fees. Earthworks shall be assured with proper surety in conformance with Appendix "c" and Chapter 8, Excavation and Fill. 9) Provide a M.A.I. appraisal of the proposed plat. 10) Provide a maintenance association agreement which meets with the approval of staff for the perpetual operation, maintenance and improvement of common elements. 11) Provide geotechnical that the lands to be indicating that the clean silica sand. elevations. tests for the dedicated park/recreation site to ensure dedicated are comprised of suitable soils. Provide plans dedicated lands shall be brought to a buildable grade with Grade to be in compliance with SFWMD criteria for minimum 12) Provide a drainage system for the dedicated parks and recreation,site in accordance with Appendix "C". ,. . con' t . . . . . . . , . ENGINEERING DEPARTMENT MEMORANDUM NO. 90-232 con't. 13) Provide an approved set of landscape plans as depicted on the Master Plans for the public rights-oE-way for S.W. 8th Street and the Industrial Access Rond, which should include trpcs located within grnssed swales as directed by the C.A.B. Tree trunk diameter should be approximately 4" in diameter at time of planting. Trees to be planted in excess of 4 feet from edge of pavement. 14) Provide construction plans tor the parks and recreation facility for which the applicant is attempting to receive credits. Surety shall be posted to assure tIle construction of the amenities. All surety posted for the parks and recreation site shall be recorded against the Woolbright Place, Plat 01 property in the form of a lien in nccordance with Appendix "e", Article rx, Section 8,G. "Procedure". "The subdivider shall agree in writing (as a condition of preliminary plat) to dedicate land. pay a fee in lieu thereof. or both..... according to the standards and formula in this onHnnnce.....a lien upon the property. s11all be paid upon issuance of the first certificate of occupancy or the transfer of title to any p:1rcel or unit of land or improvements thereto". Note: The City Commission during final plat submission. shall specify when the development of the park or recreational facilities shall be commenced. Section 8 H. "Commencement of Development". 15) As the applicant has modified the Master Plan. 5/15/90. to construct duplexes upon the land previously designated as passive recreation: Roadway. Lighting. Drainage. Water. Sewer and Landscaping plans shall be submitted along with a cost estimate for the development of S.W. 6th Street extended to provide access to said duplexes. S.W. 6th Street shall be dedicated to the City within the dedication section of the plat. 16) Submit a revised Master Plan depicting' kodifications approved by the City Commission. 17) Indicate on the plat document(s) a five (5) foot wide limited access agreement for all roadways and railroad rights-of-way. 18) Provide a comprehensive certified Opinion of Costs for all required improvements. 19) The developer has disclosed that they are uncertain as to what amenities will be constructed within the Parks & Recreation site. The surety posted for the construction of the amenities should include the cost of generating development plans for these items. thereby minimizing City costs should the developer default in constructing recreation and parks improvements for which there are no plans. Should the developer wish to submit this surety without plans. a subdivision variance in conjunction with the public hearing process shall be required for the parks and recreation sections of Appendix "C". ., 20) The Code of Ordinances provides for Recreation and Parks land dedications. fees. or both. but does not provide tor trade-offs such as construction work of like value (proposed by developer), materials, motor vehicles or any other type of asset transfers. Deviations from the "Procedure" section of Article IX. Section 8 G.. requires a public heari9g in conjunction with the subdivision variance procedures list.~ within App~ndix "C". 21) In accordance with Article IX. Section 8 F."Credit for Private Open Space" indicate the location of the open space to be provided upon the plat documents. L~A~ '-- Vincent A. Finizio -cJ VAF/ck cc: Jim Golden, Interim Director of Planning ,f .\ MEMORANDUM UTILITIES NO. 90-530 TO: Jim Golden, Acting City Planning Director FROM: John A. GuIdry, DIrector of Utilities \~ , DATE: August 31, 1990 SUBJECT: TRB Review - Woolbright Place Plat I - Preliminary Plat We can approve this project subject to the followIng conditions: 1. The I nte rconnect I ng g rav I t y sewe r sect Ions adj acent to the Industrial Access road must be Included as an off- site, bonded Improvement If all tracts In the P.U.D, and P.C.D. are to have sanitary sewer service. The sewer Improvements should be constructed no later than 2 1 mo nth s aft e r the p I at tin g 0 f the P . C . D , , I . e . , February 1, 1992. 2. The exIsting force main through the subject parcel must remaIn In service at this time, and wIll therefore requ I re a new easement desc r I pt Ion and ded I cat Ion. It currently lies within a platted right-of-way which Is being abandoned by the new plat. The developer desires to dedicate saId easement by a separate document, which must be furnished prior to FInal Plat approval. Otherwise, we would forfeit our access rIghts to the existing force maIn. 3 . We wish to re-aff I rm our tree species should not Interfere, either now or 1 I ne s . prev lous posl ton that 1 arge be located where they would In the future, with utility JAG:gb bc: Peter V. Mazzella xc: Mike Kazunas Vincent Flnlzlo - Engineering Dept. File RECEIVED ~~iP 4 SJ) P~ANN~\~G DE.~T. - MEMORANDUM POLICE # 90-0110 TO: Ms. Tambri Hayden FROM: Lt. Dale S. Hammack RE: Woolbright Place DATE: September 10, 1990 I have reviewed the revised plans prior to the Special Technical Review Board Meeting of 10 September 1990 and, in addition to my original comments which were not addressed, I am recommending the following: 1. A guard rail be placed between the lake and S.W. 8th Street. #. Oo,til -d_~ Lt. Dale S. Hammack DH/cm ,.' . . MEMORANDUM POLICE # 90-112 TO: Mr. Jim Golden FROM: Lt. Dale Hammack RE: Woolbright Place DATE: September 4, 1990 As per our discussion at the Technical Review Board Meeting of 31 August 1990, I am recommending the following: 1. Industrial access road be renamed. (Public Safety) 2. Keep Right signs at all median cuts. (5-142C) 3. Provide turn around at end of Industrial access road. 4. Divided Road Ahead signs for south bound traffic on S.W. 8th Street. (5-142C) 5. Bicycle Path signs to be provided. (5-142C) 6. Comply with Construction Security Ord. (5-8G) :It [Jd~ /-- . Dale Hanunack DH/dh RECEIVED SEP 4 1990 PLANNli\JG DEPT. PLANNING DEPT. MEMORANDUM NO. 90-291 TO: Chairman & Members Planning & Zoning Board FROM: James J. Golden, Interim Planning Director DATE: August 31, 1990 SUBJECT: Woolbright Place Plat No. I 1. The master plan modification ratified by the City Commission on May 15, 1990, required the dedication of 3.5 acres of land to the City for parks and recreation purposes, in accordance with Article IX, Section 8 of Appendix C-Subdivisions, Platting. The title to this land should be conveyed to the City prior to final plat approval. The remaining acre that is required through the parks and recreation dedication requirement is to be the equivalent of a cash payment in the form of public improvements of equal value to the park site. The amount of cash to be paid or the equivalent value of improvements should be based on either a recent purchase contract or an MAl certified appraisal and is to be set by the Planning and Zoning Board at the time of preliminary plat approval (Article IX, Section 8.D of Appendix C-Subdivisions, Platting). A copy of the purchase contract or the MAl certified appraisal must be submitted to this office prior to review by the Planning and Zoning Board so that the appropriate land value can be determined by staff and included in the report to the Planning and Zoning Board. In addition, the City should execute an agreement for the public improvements prior to final plat approval. 2. The landscape plan required in accordance with Article VIII, Section 5 of Appendix C-Subdivisions, Platting, and Section II.B of Appendix B-Planned Unit Developments, must show landscaping details and cross-sections for all landscaping within public rights-of-way, buffer zones, and common elements and must be consistent with the approved master plan. 3. Common area landscaping, including required buffers, should be placed in easements and maintained in perpetuity by the homewners' association, with language for same provided under "Dedications" on the plat cover sheet. 4. A license agreement or some other form of legal agreement acceptable to the City must be approved for the landscape buffer to be located within the existing right-of-way for S.W. 8th Street, prior to final plat approval. 5. Requirements of the master plan modification approved by the City Commission on May 15, 1990, must be incorporated in the plat documents. However, the details for the duplex units can be provided in connection with the replat of this area of the PUD, as specified in Planning Department Memorandum No. 90-114. 6. The developer must file a maintenance association agreement for improving, perpetually operating, and maintaining the common elements, prior to final plat approval. Such documents shall be subject to the approval of the City Attorney (Section 11 of Appendix B-Planned Unit Developments). 7. Plat should reflect a 5 foot wide limited access easement adjacent to the proposed collector roads and the railroad right-of-way (Article IX, Section 3 of Appendix C-Subdivisions, Platting). TO: Chairman & Members Planning & Zoning Board -2- August 31, 1990 8. Provide 6 copies of a master plan which reflects the changes approved by the City Commision at the May 15, 1990, meeting (see approval letter and Planning Department Memorandum No. 90-114). 9. The proposed entry wall sign shown on the landscape plans at the corner of S.W. 8th Street and Ocean Drive is located outside of the boundaries of the project and is an off premise sign. The sign must be placed within the boundaries of the PUD and must be approved as part of an overall sign program for the PUD (see Sections 21-14.M and 21-15(f) of the Sign Regulations and Article X, Section 15.B of Appendix C-Subdivisions, Platting). ~j.~ J~ES j. GOLDEN JJG:frb Encs cc: City Manager Admin Coord of Engineering A:PM90-291 RECREATION & PARK MEMORANDUM #90-458 RECEIVED FROM: Jim Golden, Interim Planning Director Charles C. Frederick, Director C?P~:' Recreation & Park Department ~_ - Sr:r 4 1998 PLA"". l\jj~jj~G DE:.rJT! \ TO: - RE: woolbright Place, Preliminary Plat #1 DATE: september 4, 1990 The memo of May 1, 1990 which is attached is still effective as our recommendation. The following issues need clarification: Land Dedication (4 1/2 Acres) The 3 1/2 acres of land dedication should be deeded to the City with clear title. It should be determined when this transfer of land shall take place. Basic engineering data should be provided, soil borings and drainage calculations on topographic data, to ensure the land is suitable for park construction. Appropriate quantity of fill should be provided if required to provide suitable grades for construction. The value of the fee in lieu of land for the rema1n1ng 1 acre needs determination. The developer should provide a recent sales contract or appraisal to make this decision. Our first choice is still to receive cash for the one acre, however, the developer has proposed that they provide in-kind work on the eventual park site based on the value of the one acre. If this alternate is accepted, it should be based on the City determining the type of work to be provided, the value of the work to be provided as well as a guarantee that the work will be provided once this park has been designed. Credit For Private Recreation Facilities The developer has requested 1/2 credit (4 1/2 acres) for providing private recreation facilities. Prior to site plan approval of the residential dwelling units, the developer must provide details as outlined in the sub-division ordinance, Section 8, which indicate the type, number, size, value and location of the private recreation facilities. Facilities and equipment shall be of institutional quality and grade. Once reviewed and approved, the facilities should be bonded. It should also be noted that the facilities provided must be available to all residents of both development P.O.D.'s as shown on the preliminary plat. Failure to provide the private recreation facilities as required by the sub-division ordinance will result in the developer owing the City an additional 4 1/2 acres of developable park acres or fee in lieu of the acreage. Attachment CF:ad CC: John Wildner, Parks Superintendent Vince Finizio, Administrator Coordinator of Engineering DOC:A:WOOLPL RECRE~TION & PARK MEMORANDUM 1~0-247 FROM: James Golden, Senior City Planner John F. Wildner, pa~k.s ~uperintendcnt 11) Woolbright Place Master Plan MOdifica~o: TO: SUBJECT: D~TE: May 1, 1990 The Recreation & Park Department has reviewed the master plan modifications to the Woolbright Place planned unit development. The following comments are submitted: A. PARK LAND DEDICATION REQUIREMENT: 1. Six hundred (600) multi-family units at .015 acres each = 9. acres 2. Assuming 1/2 credit for private recreation provided 9 acres X .5 = 4.5 acres B. LOCATION: It is recommended that approximately 3 1/2 acres of land he provided for park dedication and that a fee in lieu of land be provided for the remaining approximate 1 acre to meet the 4 1/2 acre land dedication requirement. Approval of this request will enhance the ability to develop as a full service neighborhood park: 1. The current 4 1/2 acres being proposed for dedication is a long, narrow strip approximately 200 feet wide wi th an "L" shape at the southern end. The narrow strip borders Leisureville on the western side. The configuration does not lend itself to any type of active park development as buffers are necessary for adjacent residents. With buffers provided, the width available for development is limited and restricted to passive development only.' 2. It is recommended that the acreage dedication start on the south side of Ocean Avenue, then run south to the proposed property dedication line. 3. A fee in lieu of land would be provided for the acreage originally proposed for dedication north of Ocean Avenue. TO: J,"\mc:-s (~oldc1\, ~enlor ('lty Plilllflcr PR: WnnlbrJqht Plnce Mn~t'c:-r rlnn Mallf'c~tlon "','\y t, 1 fl~O r"9<' ;, (l r ]. ----------------------------------------------------------------- 4. J\nothC'l' VClc."\nt "L" p,1tcel of ,'pproxi.mitl:ely 1 "leI"" i:; .In\.'i'ltcu on the ~ol1tlJ(~n~t sid~ .1<ljitCent to th~ pl~nJ'1("!r.t y t(, be dedicated. J\cquisition of this proper ty by the Clt'y Ilti.lizing lhe (("e reeeivC'd for the ;}pprr))~im.:'lt~ 1 .11'1(' fl'PIn 'l'I',"\oC'win(]s wil.l provide i) p.:'llY. ~il"" of itpptoximatcly J\ 1/7. acre~. The site \-1i.l1 h,lve " cnnfigurati.on (wider .1nd squared off) which will. ,,11ow fIll' both Act'i.ve f\nd passive' p"'lrk <levelopment fetll UlCS. .,~ La}:e Boynton Estates itS well as the future TI'(ldc\+linds development can he f\nticipated to h(,)l/~("! many youth, adequate space for active recreation facilities is desirable. C. CREDIT FOR PRIVJ\TE OPEN SPACE: The Par}~ Land Dedication Ordinance prov ides for up to 1/2 credit (or private open space, If it provides a minimum of five (5) local park basic requirements, "rhe developer has indicated that he intends to apply for this credit. Before credit is granted, the developer must indicate details regarding type, number and size and locations of the private recreation facilities (per subdivision code section ~). Specif ications must also be provided indicating recreat.ion equipment instAlled will be of industrial quality. ~(!,i /-tI".ltit,--O, ohn Wildner, Parks Superintendent ~ Recreation & Park Department JW:pb Attachments cc: J. Scott Miller Charles Frederick PLANNING DEPT. MEMORANDUM NO. 90-301 TO: J. Scott Miller, City Manager FROM: James J. Golden, Interim Planning Director DATE: September 18, 1990 SUBJECT: Planning & Zoning Special Meeting - September 17, 1990 Please be advised that the Planning and Zoning Board met on Monday, September 17, 1990 and took the following action: 1. Removed from the table and unanimously recommended approval of the Preliminary Plat submitted by Tradewinds Development Corporation for Woolbright Place Plat No.1, subject to proviso. The motion was made by Mr. Beasley and seconded by Mr. Aguila. JAMES J. GOLDEN JJG:frb Enc cc: Mike Haag, Bldg. Dept. A:PM90-301 " RECREATION & PARK MEMORANDUM #90-465 SUBJECT: Vincent Finizio Administrative Coordinator of Engineering " Kevin J. Hallahan J/rwJ-. Forester/Horticulturist ~Y11 1/ Shoppes of Woolbright/SW 8th Street/ Lake Preliminary Plat #1 (Revised) TO: FROM: The following comments pertain to the landscape plans submitted for the above, especially as they relate to the Tree Management Book for the Woolbright P.C.D. (January 30, 1990). 1. Page 1 of 6: The shrubs listed do not contain 30% native species. These plants were to be shown in the other medians proposed for construction. This has not occurred. The median shown at the bottom of this page should be landscaped in accordance with the City Policy & Procedure Manual. This has not occurred. 2. Page 2 of 6: Industrial Access Road - Approved Tree Management Book (January 30, 1990) for the Woolbright P.C.D. show this area as an existing tree preserve and relocation area. There are three areas designated B, C, G that are to be protected with tree barricades and preserved. The plat documents show this area as "Tract A" for construction of industrial access road. The preserve areas exist within the road corridor which must be 'preserved under the Tree Management Book plan. The proposed road could be relocated north or south of the proposed site, and provide for continuity of the preservation areas. The approved Master Plan 6/27/89 for the industrial access road show landscaping to occur within the industrial access road R.O.W. which is not indicated on this sheet. 3. Page 3 of 6: The sheet does not show trees 30' o.c. beneath the FP&L lines adjacent to the lake. The list of Yellow Elder, Crape Myrtle,and Pitch Apple suggested in the last memo has not occurred. The exact location of all street trees will be determined by the City at a later time, based upon consideration of all T.R.B. members. All trees to receive irrigation. 4. Page 4 of 6: The lake plantings management plan should be documented in a separate report to coincide with the statement on the plans. This document should be part of the Homeowner Association documents. The plant list should indicate the heights of the liner/collected species. 5. Page 6 of 6: The trees shown on the list as Pond Apple (4-5' ht.) and Bald Cypress (6-8') must be 8' ht. minimum at time of planting. 6. Master Plan Sheet - The 25' landscape buffer, including berming, should have construction drawings showing types of landscape materials, irrigation systems and a cross section. ~ I Attachments cc: James Golden, Interim Planning Director Carrie Parker, Assistant City Manager KH:ad . ....j ,-.... STANLt: { CONSULTANTS 0,. 'LORIDA. INC. Ii ., 20Q0 l.omberd 5treet · We.t Palm !leach. FL 33407 Tol, ~07/842-7"44 . FA.' 407/842-0e74 February 28. 1990 n"I&"'~ "!?/e,/1D L-.l-'ILA H~~'~ (...6''''( ~ r- Mr'. MHo Morton Tradow;nds D~v@lopment Company 902 Clint Moor~ Road, Suite 124 Roea Raton. FL 33487 Re: WOOLBRIGHT PLAC~ P.C.D. STANLrV CONSULTANTS PROJECT NO. 10310. Dear Mr. Morton: This l@tter is fn response to the meetin9 held on February 27, 1990 at the City of Boynton Beach between Kev1n Hallahan. Robert Gomez and Dav1d Lockmiller. The prfmary topics of concern that have evolved w1th Home Oepot are the lfmits of the tree clearing permits and most importantly the required sequence to follow prior to any further land clear;ng and grading operations. From the meeting, the following o~tline of phasing activities was developed by this office to h~lp coordinate the responsibilities and further development on the project. Sequence of tree preservation and relocation work prior to land clearing/grading operation are as follows: Note: Phases one and two must be followed in seQuential order. Phase One - Includes the P.C.D. and industrial access road. * The contractor ~~l~ct@d by Tradewindt Oevelopment Company to relocate tr~o~ ~hould be notifiod at ~oon a~ pO~$ible to root prune tho larger or more cuscDptibl. plant material to incroaco th~ ~urvival rate. It i~ imperative that tho~e p1antt be freo of any invasive vines, ,olectively pruned and supplied with adequAt4 irrigation to intUr9 their curvival. * Tradewinds Development Company will install tree barricades eccording to the construction detail supplied by Stanley Con,ultants or approved equal around the designated preservation area in th~ industrfal access road corridor and the restor~tio" area along the south property line of Home Oepot. Tree barricades for the designated preservation area fn the 1ndustrfal access road corr1dor and the restorat1on area along th@ south property line or Home Depot shall be field inspected and approved by Kevin Hallahan. City Forester of Boynton Beach. .,. . . MEUftrll OF HI( SlANtl\' CONSULTANT. Q"OUI> . I~"UI"'&TIO""L oaN'V~T"'I'fT' IN 'HaIHI'~INO, ""'OP1ITI"OTI "'" ... .....,.,.. ~.._...... _~.._. _ ~O'd S~:lt 06"9~ Jew rl90 GV~ . oN_131 ~ , ' ~ ~ M~. Mike Morton 'Tradewfnds Woolbright Place February 29. 1990 - Psge Two * Tradewinds O@v@1opment Company to proceed in filling existing lake to the proposed grade in order to r~ceive relocated plant material. * Implementatton of Phase Two tree preservation and relocatfon sequence may begin (see Phase Two). Tredew1nds Oev~'opment Company will locate anij dig wells for the tree r@storat1on areas as follows: fndustrial a~cess rObd, P,C.D. western property line adjacent to the L~DD E-4 c~nal and also along the former right of way of S.W. 8th Street. NOTE: * Stanley Consultants will submit final restoration plans denoting those areas designated to receive relocated plant material. These plans will delineate plant groupings and numbtr of units to be relocated. The restoration areas to be identified are as follows: industrial access road, the P.C.O. west@rn property line adjacent to the LWDD [-4 canal, the form@r S.W. 8th Street right of way. perimeter of the ~roposed 6 ~er~ lA~@. Home Depot. S.W. 8th median and right of way cor~idor. P.C.D. parkfng area and perimeter landscape strips. Tradewindt Oev@lopment Company will relocate tree plugs from the p.c.O. ar@!. The P.C.D. limit~ will be verified by the field 5take~ provid~d by ~urveyor de$fgnated by Tradewinds Development Company. Th& plant material will be relocated from this Br~a to both the industrial access road and the P,C.D. w~5tern property line adjacent to thg LWOO E-4 canal. If th~ development schedule allows, existing plant material in the P.C.D. ~hou'd be reloceted to the other designated restoration areaS. * . Tradewfnds Development Company will install tree barricades accordIng to the construction detail ~upplied by Stanley Consultants or approved equal along the re5to~at;on area of the P.C.D. western property line adjacent to the LWOD E-4 canal. ~O'd 9~:lt 06'9~ JP.W ~l90 ~~8 'ON_131 I , '\"" ., " r\ " Mr. Mik.e Morton Tradew1nds Woolbright Place February 28, 1990 - Page Three ~ Tree barricades for the restoration area in the industrial access road and the P.C.D. western property l1ne adjacent to the LWOD f-4 canal ~hall be field inspected and approved by Kevin Hallahan, City Forester of Boynton BeaCh. * Includ@s the northern half of S.W. 8th Street and the proposed 5 acre lake. Trad@winds Development Company will survey S.W. 8th Street for the purpose of alignment only. Site clearing should be limited to curv~ying activitie5 only in order to determine the availability of plant materials for relocation purposes. Phase Two - * Stanloy Cantultftnt~ shall prepare an EXISTING TREE PLAN for the northern half of S.W. 8th Strget right of way corridor and the proposed 5 acre lake area. * City of Boynton Be~eh City Fore,ter shall approve the ~X1STING TREE PLAN for th~ northern half of SW 8th Street and the 5 acre lake are8 prepftred by Stanley Consultants. The contr~ctor selected by Tradewinds Development Company to relocate trees out of th~ s.w. 8th Street can begin work. '1r ~ Tradewtnd~ Development Company will notify de~i9nated surveyor to stake perimeter of clearing limits for the proposed 5 acre lake and pr@servat1on areas adjacent to the 1ake. Tradewinds Development Company w1l1 1nstall tr~e b~rricade' according to the construction detail supplied by Stanl~y Consultants or approved eQual around the ex1st1ng preservation areas occurring adjacent to the proposed 5 acre lake. Tree barricades for the existing preservation areas occurr1ng adjacent to the 5 acre lake shall be field 1nspected and approved by Kevin Hallahan, City Forester of Boynton Beach. Trad@winds D@velopment Company will relocate root pruned tree plugs from the proposed 5 acre lake area to the designated portion of the former S.W. 8th Street right of way. * * * ~O'd 9~:tt 0619l JEW ~l90 l~8 . ON_ l31 .. 1""'\ t1 Mr. Mike Morton ,Tr.dewi nds Woolbright Place FobruJ~Y 28, 1990 . Page Four oW Tradewinds Oev@lopment Company will install tree barricades according to the construction detail ~upplied by Stanley Consultftnts O~ approved equal along th~ .a~tern side of the former S.~. 8th Street right of way re~toration area. This will protect it from the lakq ~xcavatfon op9ratfon$ ~nd still allow tree relocation activitfes to occur. 'It' Tree barricades for the restoration area along -the former S.W. 8th Street right of w~y ~hall be field inspected and approved by Kev1n Hallehan, City For~~ter of Boynton Beach. Tradew1nds nevelopment Company can clear and ~xcavate proposed 5 acre lake limits f1e'rl staked by surveyor. Tradewinds Development Company wf11 relocate root oruned tree plugs from available donor sites to the 5 a~re lake perimeter for restor~t1on purposes. * * Tradewinds Development Company will 1nstall tree barricades according to the ~onstruct;on deta11s suppl1ed by Stanley Consultants or aporoved equal around the r@storation area adjacent to the 5 acre lake. Tree barricades for the restoration area adjacent to the 5 acre lake shall be field inspected and approved by Kevfn Hallahan, City For@ster of Boynton Beach. In clo~i"g, it ne~ds to be determined as to who is responsible for coordinating th@ activities stated in the above schedule. This " will help to avoid sorno of th@ scheduling conflicts that have al ready occurrad on thi s project. If you have any questions, p'e~$e contact this office at your earliest convenience. 1r * P;:}iJ/.U2 David W. Lock~iller, ASLA Landscape Ar~h1t@ct State of Florida Li~ense No. 1093 DWL/mjb SO'd L~:lt 06'9~ J~W ~l90 ~t8 . ON~ 131 I --- - -' - - - - - - - - -. - - - - - -./.,....:. , ------ ...- .--- ~ -- eOA .r;j ~ -j ~ 54A , . ,~\ Yri '. N.'N. )...L ,. . 6 C" t! -\ ~~,1122 ! ,)('EAN l~~ . t 4: c...- .: !~.. " f ',. s.w. .,.- t I I 6 .:,/ -'>>1 I, t:1 ~ I", i - ..... ' -=. 'I - I , i f", ., . :,~ ~ ~ 4 3 8 IJ I? Ef~ 1,4 1-"""" - I .1 If) 7: '. Z I~ ~ I~ ~ 20 : 5_ I 2J : I I ~26 \- .. " ' .. ,{ 1 - .' ' " IOj 9 'I 2 ~ 4 3 2 ~- J., - - - .' 1 , ,oJ IS 13 _r 2-' - 14 ; 1611]' I ~ 22 2_3 - I I ' :" 1 15 I'. ., I, r" I~' I" v'= ..~ . ~ ( <, , . ; , r- ',!/ ;' ,/ i ~ I 1. ",..L :l. ~ ~ ~ t " w ~L. . A II, _ '. ~ ~). [ ,,1116 \" \, '0 22 r- ' - \}, i\.~. ~ '~~ c-!- -, (/1 , . . ...- .....-:: r,J -' '-"~' . J ~ '.1 ~ ~; I ~~ . - J_.- 26/ 2~ - 0 FEE IN LIEU OF LAND - 17118 (APPROX. 1 ACRE) d ~ :5 D ~ RECOMMENDED DEDICATION n (APPROX. 3 1/2 ACRES) C I 0 TO BE ACQUIRED BY CITY 10111 (APPROX. 1 ACRE) -I ! .8.11 -I l' S VII ~QEJ MJ'4 ~I 1ST ; ~ Q !~I~l 15 I~ LL~ ~. V... S. I l~ 13.1 - ~; -} I ! \:, I ~, I :4.1 !~.I111' I' - i 3ND' ----1 -:.~:~...;.. .. -- n. " , ", .L ~,I ,11- il I : \I .1' "'t. - ,\'..' "..l.. - ~ ,... " , l' ..., l~,bZI ; I~I 1~, 2:.1 t - - ,,' I ,... " ", , ... .' , .' i . ~ " '/ -!' C; W -====-, L1T~ ,..., t418ISC\ PARK s, G.- ~ I~I I 1'7 II ~5.1 17 Ie # ~ RECREATION & PARK MEMORANDUM #90-459 TO: Vincent Finizio Administrative Coordinator FROM: Kevin J. Hallahan Forester/Horticulturist of Engineering , ~ RE: Shoppes of Woolbright/SW 8th Street/Lake/ Preliminary Plat 1 DATE: September 4, 1990 The following comments pertain to the landscape plans submitted for the above. 1. Page 1 of 6 - The shrubs listed do not contain 30% native species (place plants in other medians). The median shown at the bottom of the page should be landscaped in accordance with the City Policy and Procedure Manual for medians. All medians in the roadway must meet these guidelines (attached) . 2. The developer should plant trees 30' on center (Laurel Oak) along the outside edge of R.O.W. on SW 8th Street. Where there is an overhead utility line, the trees planted should be from the Florida Power & Light recommended list of small to medium trees (Yellow Elder, Crape Mrytle, Pitch Apple). The treescape should be consistent with the entrance-way trees planted in the swa1e areas, in diameter and overall size. All trees must receive irrigation. 3. The lake plantings management plan should be documented in a separate report to coincide with the statement on the plans. This document should be part of the Homeowner Association documents. 4. The 25' perimeter landscape buffer including berming should be part of the Homeowner Association documents. The portions of the landscape buffer which will be the responsibility of the developer should be noted on the plat sheet. Item #4 may be submitted to the City at a later date under separate entry. Attachment CC: James Golden, Interim Planning Director KH:ad RtCEI\TED Sf? ,;:. ! ~"'" .c,1: .. ~","'~ PLA;H'lI; ,8 DEPT. .... ,\ POLICY & PROCEDURE MANUAL MAJOR ROADWAY MEDIANS This manual applies to roadway medians within the following arterials in Boynton Beach: 1. U. S. Highway #1 2. Congress Avenue 3. Boynton Beach Boulevard 4. Woolbright Road 5. Hypoluxo Road 6. Lawrence Road, Seacrest Avenue (if applicable) These guidelines are for developers who are required by the City Comprehensive Plan to landscape and provide irrigation to roadway medians adjacent to their project site. The plans must be included as part of the Technical Review Board review performed during project site plan submittal to the City staff. The landscape plans designed by the applicant meeting the following requirements, will be submitted to the Planning Department together with the site plan. A copy sent to the Parks Division Urban Forester. 1. Developers will submit landscaping plans for medians in accordance with the following guidelines: A. Shade or flowering trees every 40 lineal feet (50% native species) in center of median. B. Flowering bushes and/or groundcover plants located on terminal ends of medians (30% native species). C. Grouping of shrubs/bushes located in sporadic clumps rather than long continuous hedge line. D. Grassed path of minimum 60" wide to allow riding mower to pass from one end of median to other. E. A two foot (2') wide mulched area along inside perimeter of median to provide walkspace for maintenance personnel. Area can be sodded as an alternative to mulch. ~ F. Type of sod used to be determined at time of review. G. An irrigation plan depicting location of heads, valves and controllers submitted with landscape plan. H. Three inch (3") Melaleuca mulch applied to all planted areas except sod. 2. Plans shall be reviewed by the Parks Division, Urban Forester and approved as part of the Technical Review Board and Community Appearance Board process. 3. The landscape plans must be consistent with the Community Design Plan criteria for the area of the City where the project site is located. 4. The applicant must apply for a permit to the appropriate State or County agency to perform the work in the median. 5. The appropriate City person must sign the completed permit to allow the Parks Division to assume perpetual maintenance after installation. 6. The developer shall bear all costs of installation, including curbing, plant materials and irrigation. Installation shall include: A. Spraying grass areas with chemical to destroy all grasses two weeks prior to installation of plants/trees. B. All dead grass removed from site, not plowed under soil, additional spraying performed to destroy residual grasses. C. Any existing irrigation system changed to provide adequate water to newly planted materials from outside curb edge spraying into center. D. All existing shellrock or road construction debris excavated from planting areas to depth of tree/plant rootball. E. All trees/plants installed lower or level to existing soil grade, using topsoil and Terra-Sorb granules as backfill mixture. F. Trees/staked where necessary. G. Contractor to request landscape inspections to the Parks Division for items B, D, and E. H. The Parks Division will notify the Building Department landscape inspector upon final completion of the median. 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'i~ i= ei" l't ~~ t; ~ \ \ \ , ; . . \ \ . 6 j \ \ ~ ~ :; ~ \ \ Eo ~ i v 6 i ~ = i ~ , . b 't , , \~ . n~~ \ ~ ~~ \' i, F' 1 ~ ~ ~ II Q'\~~ i , ~I~~ ~ \ . t " :1 t ~\i ~6 ~t ~~~~~ ~ ; ~~ ' I . '0 ~~ . ~~1: , ~, i' . \~ ~ t.. - ~ t \ ~ ~ ,. i ::. ( .~ \t~ ~L o"~\~ial.~ ~\ i"\ ih~ ~~~ 1\ \~~\:, ~ ;~ \- ,/ ;h\ \,\" ''''1 i 'Ill ., ': \\1 ~\~\ \~; ~\ ~'\~'::. t)~_ ~ ~ '\~ \ \ ~ 1 'i ~ ~~, \~ Hi \ ~ ~ ~ :Ii i ~, it '~e. '., ~~ ..~.. ~ ~i i, .. '1 it II 1\ 1\\1 ~;ll~ \\'\: I' ',i; 6. 'lii. '3 ~t ~i', 1~!i \"" ~ h ~,\\\ ihi 'r i~ i.~. = i ~6 IIi Ii h,j, lib 1,1 \llii~\ ',j ;H. h\ ,nl'- i~,t\\ ;~~ ,~ ~h, . . ~ \ ~\L;m Hi! - , \ .. i \ . ~ \ ~ a \ \ \ . '2 . i ..~ ~~ ii q ~- ~3 ~~ ~t~,; ~\ . - ,{ ~ ~~~ ~~1;~~ ~ . ~:'i! *~. "a ~~ , . !.., ~ 6 'In,\\~ n~ ~ ~n\\\ !j6 ~~i __ -- -- - LOlJA TION M~P WOOLBRIGHT' PLACE i i~JIJ!m!}8, ~I.I[ I H' ; 1 II \ 1 ; l-IJ~ \'. IT l[ ,~"~JjL. ~lJ [II j: illl-ll liJ ,~ - ..,_" lrt 11 j. I I J I J~lll ~\ H Jql~., ,~ { Ijli!([lfi'llj,;rn J -! 'IT'lLLLLLl !rl:L ~lllj IH L ,I EI":I\;;;;~~llli-1 L.. L_l.~';' . Lilli, l11"1) l Ul [:.::~i;;;;ill~m!1 I ! 1111 ' ! 11'.,:;;....lrrr';!~r '11111111!1 ;'i::J"I:,,:,,"!dIT11 . , ., I. L~rL !llIlllHII f .II p 1 f llj i I P!;'i:;i:::ijji;;!I~;JnJJ, ...1, d! J~!ljIWI . .1TIDTl I ,It lilijlVll:~ l~l I., IL ~, P u~lU_LD ~OOiJj ~nI[--:rpll r> ;'~ 0 -~~' m 11 L .. '--, '. ,1! Ii :1 BUILDING DEPARTMENT MEMORANDUM NO. 90-380 Revised September 4, 1990 THRU: James Golden, Interim Planning Director I; J~ Don Jaeger, Building & zoning Director ;.J~~iL ,r . TO: FROM: Michael E. Haag, Zoning & site Development Administrator RE: TRB Comments - August 31, 1990 Meeting PRELIMINARY PLAT & CONSTRUCTION PLANS-WOOLBRIGHT PLACE PLAT #1 Upon review of the above mentioned project, the following comments must be addressed in order to conform with Boynton Beach City codes: .~ 1. Specify the sod species on the construction plans which show the required improvements. 2, Indicate on the construction plans, which show the required improvements, the location and size of the line-of-sight triangle required at all accessways and public right-of-way intersections. 3. Where landscaping (other than required lawn grass landscaping) is provided in the public rights-of-way, complete and submit a Community Appearance Board application form and three sets of landscape plans to the Site Development Division of the Building Department. Community Appearance Board application form and landscape plans are required for landscaping that is placed on private property, Landscaping placed on private property shall comply with the requirements of the landscape code. 4. Show the west border of the plat on the A-A typical section drawing of the lake found on sheet 4 of 6 of the landscape plans prepared by Newlands Design Group Incorporated. 5. Provide a statement on the Plat Document which makes reference to the design of intersecting rights-of-way and lot lines which prohibits construction and plantings over three (3) feet high (based on the crown elevation of the street) which are to be placed in the line-of-sight cross visibility area. [Appendix C subdivision and Platting Articles X Section 7.] 6. The off-premise sign shown on the landscape plans is prohibited. Eliminate off-premise sign or relocate sign to property owned by the applicant. 'JPI? 4 el E. Haag R FC. 17IVliD. ,.~JJ...(. ..... -''-01 A..J ":J PLA~I\jII~G DEPT. -\ p- ~ '" ENGINEERING DEPARTMENT MEMORANDUM NO. 90-232 September 4, 1990 TO: J. Scott Miller City Manager FROM: Vincent A. Finizio Administrative Coordinator of Engineering RE: TRB COMMENTS - 4th REVIEW PRELIMINARY PLAT SUBMISSION/CONSTRUCTION PLANS SHOPPES OF WOOLBRIGHT, PLAT #1 TRADEWINDS GROUP STANLEY CONSULTANTS OF FLORIDA, INC. GRAND CENTRAL ENGINEERING, INC. The Engineering Department in accordance with the City of Code of Ordinances, specifically Appendix "C", Subdivision has completed a review of the above referenced submittal. Boynton Beach, Florida, and Platting Regulations, My!indings are as follows: 1) The applicant has submitted a "conceptual" street lighting plan for Industrial Access Road, but Appendix "C", Article VIII, Section 5B,I,(d) requires an F.P.L. approved set of plans. Plans as submitted have not been approved by F.P.L. Submit an approved F.P.L. plan and cost estimate. 2) The applicant shall locate the subdivision entrance signage within the property limits of the Shoppes of Woolbright, Plat #1 and provide construction plans and surety for this required improvement. Provide a certified cost estimate for this required improvement. 3) The applicant shall dedicate the Parks & Recreation land (3~ acres) to the City of Boynton Beach in conformance with the guidelines set forth in Appendix "c" Subdivision & Platting Regulations including monies as determined by staff in lieu of land. Dedications shall be placed on the plat document. 4) The applicant shall provide signature lines for the Mayor, City Clerk and City Engineer on the Plat's cover sheet. 5) The applicant shall provide construction plans and easements for all buffers including a cost estimate for same. 6) The applicant shall provide a cover sheet for all development plans with a location map to be located upon the cover sheet. Plans to be submitted in an assembled format. .., 7) Provide a grading plan for all vacant lots or parcels indicating proposed finished elevations for earthworks. 8) Provide earthwork calculations and tabulations regarding fill to be placed on-site and/or ~emoved from the site. An Engineer's Opinion of Cost shall,be provided for determination of fees. Earthworks shall be assured with proper surety in conformance with Appendix "C" and Chapter 8, Excavation and Fill. 9) Provide a M.A.I. appraisal of the proposed plat. 10) Provide a maintenance association agreement which meets with the approval of staff for the perpetual operation, maintenance and improvement of common elements. 11) Provide geotechnical that the lands to be indicating that the clean silica sand. elevations. tests for the dedicated park/recreation site to ensure dedicated are comprised of suitable soils. Provide plans dedicated lands shall be brought to a buildable grade with Grade to be in compliance with SFWMD criteria for minimum 12) Provide a drainage system for the dedicated parks and recreation, site in accordance with Appendix "e". ,l con' t. . . . . ENGINEERING DEPARTMENT MEMORANDUM NO. 90-232 can't. 13) Provide an approved set of landscape plans as depicted on the Master Plans for the public rights-of-way for S.W. 8th Street and the Industrial Access Road, which should include trees located within grassed swales as directed by the C.A.B. Tree trunk diameter should be approximately 4" in diameter at time of planting. Trees to be planted in excess of 4 feet from edge of pavement. 14) Provide construction plans for the parks and recreation facility for which the applicant is attempting to receive credits. Surety shall be posted to assure the construction of the amenities. All surety posted for the parks and recreation site shall be recorded against the Woolbright Place, Plat #1 property in the form of a lien in accordance with Appendix "C", Article IX, Section 8,G. "Procedure", "The subdivider shall agree in writing (as a condition of preliminary plat) to dedicate land, pay a fee in lieu thereof, or both..... according to the standards and formula in this ordinance.....a lien upon the property, shall be paid upon issuance of the first certificate of occupancy or the transfer of title to any parcel or unit of land or improvements thereto". Note: The City Commission during final plat submission, shall specify when the development of the park or recreational facilities shall be commenced. Section 8 H. "Commencement of Development". 15) As the applicant has modified the Master Plan, 5/15/90, to construct duplexes upon the land previously designated as passive recreation: Roadway, Lighting, Drainage, Water, Sewer and Landscaping plans shall be submitted along with a cost estimate for the development of S.W. 6th Street extended to provide access to said duplexes. S.W. 6th Street shall be dedicated to the City within the dedication section of the plat. 16) Submit a revised Master Plan depicting kodifications approved by the City Commission. 17) Indicate on the plat document(s) a five (5) foot wide limited access agreement for all roadWays and railroad rights-of-way. 18) Provide a comprehensive certified Opinion of Costs for all required improvements. 19) The developer has disclosed that they are uncertain as to what amenities will be constructed within the Parks & Recreation site. The surety posted for the construction of the amenities should include the cost of generating development plans for these items, thereby minimizing City costs should the developer default in constructing recreation and parks improvements for which there are no plans. Should the developer wish to submit this surety without plans, a subdivision variance in conjunction with the public hearing process shall be required for the parks and recreation sections of Appendix "C". '( 20) The Code of Ordinances provides for Recreation and Parks land dedications, fees, or both, but does not provide for trade-offs such as construction work of like value (proposed by developer), materials, motor vehicles or any other type of asset transfers. Deviations from the "Procedure" section of Article IX, Section 8 G., requires a public heari9g in conjunction with the subdivision variance procedures listt!'d within Appendix "C". 21) In accordance with Article IX, Section 8 F."Credit for Private Open Space" indicate the location of the open space to be provided upon the plat documents. L. 4:-=1... ~ . ~ t.(5 .- Vincent A. Finizio VAF/ck cc: Jim Golden, Interim Director of Planning ',~ MEMORANDUM Utilities #90-512 FROM: Jim Golden, Interim Planning Director John A. Guidry, ~/ Director of Utilities ~ August 24, 1990 TO: DATE: SUBJECT: TRB - Woolbright place Plat No. 1 - Preliminary Plat We offer the following comments on this project: 1. Show all existing easements for the existing force main which is to remain in service until the sewage re-routing is done. 2. We request an increased easement size for the gravity sewer line along the east property line, unless the developer can provide other, enforceable assurance that we will have sufficient set- back from the sewer line to allow point repair. Our recommended easement width is twice the depth of the sewer, or 40 feet. 3. The lift station site should be transferred to the City via title/deed transfer, and/or right-of-way dedication. This is required to prevent encroachment by other utilities, and in order to maintain security. 4. The portions of sanitary sewer between S.W. 8th Street and the existing sewer must be included with this submittal, if the out- parcels are to have sanitary sewer service. 5. The ingress-egress access easement should be dedicated on the first sheet of the plat, unless it is to be dedicated as right- of-way. 6. We request that all trees along S.W. 8th Street (North of the access road) be located outside of the right-of-way so as to not conflict with Utilities. cc: J, Scott Miller, City Manager vincent Finizio - Engineering Dept. Pete Mazzella Mike Kazunas File RECEr~,rnD AUG ~~ ,1 laSO PLANNidG DEPT. . - - BUILDING DEPARTMENT MEMORANDUM NO. 90-380 August 28, 1990 FROM: James Golden, Interim Planning Director...;; / Don Jaeger, Building & Zoning Director~~1~/~ Michael E. Haag, Zoning & Site DevelOpme~Administrator TO: THRU: RE: TRB COMMENTS - AUGUST 23, 1990 MEETING PRELIMINARY PLAT & CONSTRUCTION PLANS - WOOLBRIGHT PLACE PLAT 11 Upon review of the above mentioned project, the following comments must be addressed in order to conform with Boynton Beach City codes: 1. Specify the sod species on the construction plans which show the required improvements. 2. Indicate on the construction plans, which show the required improvements, the location and size of the line-of-sight triangle required at all accessways and public right-of-way intersections. 3. Where landscaping (other than required lawn grass landscaping) is provided in the public rights-of-way, complete and submit a Community Appearance Board application form and three sets of landscape plans to the Site Development Division of the Building Department. Community Appearance Board application form and landscape plans are not required for landscaping that shows only the lawn grass landscaping which is required in the public rights-of-way. 4. Show and designate screening buffer on the plat document for both sides of S.W. 8th Street and one side of the industrial access road where the street/road abuts the residential development, including the church parcel. Subdivisions shall be buffered for the protection of residential properties with a five-foot high masonry wall or landscaped chain link fence, or some other equivalent buffer which shall also be at least five feet in height when necessary to separate residential developments from commercial and industrial developments, except where such developments are separated by a golf course or other equivalent barriers. Residential developments shall be buffered and protected from adjacent expressways, arterials and railroad rights-of-way with a five-foot limited access easement, which shall be shown and designated on the plat, except where access is provided by means of a marginal access road or where such expressway, arterial or railroad right-of-way abuts a golf course. In the alternative, a five-foot high decorative masonry wall or landscaped chain link fence or some other equivalent buffer, which shall also be at least five feet high, may be provided in a limited access easement up to five feet wide. MEH:bh WOOLBRTE.DOC CITY MANAGER' S OFFICE CITY OF BOYNTON BEACH TO: Jim Cherof DATE June 26, 1990 DEPARTMENT City Attorney APPROPRIATE ACTION []I FOR YOUR INFORMATION D EVALUATION/RECOMMENDATION D NOTE AND RETURN D FOR YOUR FILES D OTHER D ACTION DESIRED PRIOR TO SUBJECT: Industrial Access Road/Woolbright PCD Attached hereto please find a copy of a letter without a date (received in the City Manager's Office on June 25, 1990 by hand delivery), from Mr. David Levy, Tradewinds Group, to this office regarding Industrial Access Road in the Woolbright PCD. Additionally, documents regarding this subject matter are attached hereto which in fact, portrays the history and chrono- logy of events surrounding this matter. In essence, the Tradewinds Group maintains that they are not required to construct the Industrial Access Road from S.W. 8th Street east to the end of their property'line. You and I have discussed this subject matter on several previous occasions, and have determined that based upon the information in documents on hand could not be relieved of the construction of this road. I would ask that you please review this letter as well as the appropriate backup, attached hereto, and render to this office your findings and conclusion as to whether or not you feel legally Tradewinds needs to construct this facility. Your prompt attention to this matter would be greatly appre- ciated. Thank you. RECElvm JSM : j b Attachment cc: Honorable Mayor & City Commission Tim Cannon, Acting City planner Vincent Finizio, Admin. Coordinator David Levy, Tradewinds Group JUIt. 1'1 _ P~NNING DEPT~ I, - -.q RESPONSE: Date (Action Completed) Signature Tradewinds Group Congress Corporate Plaza 902 Clint Moore Road Suite 124 Boca Raton, FL 33487 (407) 994,3133 "Qj;'rFI'TF.. D Jl '"-........ "'" ,,,--J . r.z....J JUN 25 1990 CITY MANAGER'S OfFICE Mr. J. Scott Miller, City Manager City of Boynton Beach. 120 E. Boynton Beach Blvd. Boynton Beach, FL 33425 RE: Documents regarding Woolbright Railroad CrossinqjIndustrial Access Corridor Dear Mr. Miller; With regard to the above captioned matter enclosed please find copies of the following which have been summarized. This is the history and chronology of events surrounding this matter. 1. Copy of the 1972 Appraisal Sheet from Seaboard Coastline R.R. Under DESCRIPTION OF SUBJECT the appraiser describes the Winchester Property (2240' x max. width of 205') bordered by the Rail R.O.W., State Road 9 (1-95), and north by Railroad property. The last sentence in the first paragraph is important, "Although there is no apparent access to the subject parcel... Mr. Winchester stated... that he had a letter from the Seaboard Coast Line Railroad stating that they would allow him access across their property, should he desire it." Page 2 clearly indicates the status of the Property as "landlocked". Further, the next to last paragraph says,..." When Interstate Freeway 95 was con- structed in its present location access right were ac- quired resulting in the subject property being landlocked. " The last paragraph of the appraisers report says it all, " It is my opinion, the subject property has a use only to the abutting owner (Winchester) which is zoned for industrial use. This abutting ownership is landlocked also." - 2. Contact Sheet for potential sale of .05 acres from Winchester. See handwritten notes on page 3. In the first entry and the two below it dated Aug. 4, 1972 and Aug. 7, 1972 the Winchester's needed to ac- quire this land for "ingress and egress." 3. Memo from G. Steven Brannock, Esq. to Marty Perry, Esq. dated August, 1985. In essence it states that Winchester acquired surplus land from the D.O.T. that was landlocked as the result of the con- struction of 1-95. When D.O.T. was acquiring a small .05 ac. tract from him, he requested the right to pur- ~ ...., chase the larger tract. Brannock quotes the appraiser in charge (Mr. Maier) who states that Winchester had a "crazy idea" to acquire access over the railroad track and develop the site. 4. Justification Statement from Kieran Kilday in 1985. He describes the Industrial Access situation as, "...the subject commercial center development and PUD will be separated by an 80 foot right-of-way providing access from SW 8th to the above mentioned M-1 zoned property." We were given no choice at the time but to provide a way for Winchester to access his property even though the legality of doing it this way would have proven the City wrong. 5. Philip Braun, Esq. legal review dated Septem- ber, 1985. This is a very extensive memorandum deal- ing with all aspects of access rights, easements and the City's subdivision ordinance. A careful reading should support the position that Tradewinds was under no legal obligation to supply Winchester with an access accommodation, but did so as the direct requirement of the Planning Department. Both Winchester and the City Planning Director had no legal or equitable basis for making such a request. 6. Letter from Seaboard System Railroad to Marty Perry, Esq. dated August 9, 1985. States the Railroad's policy of, "... demonstrat(ing) our strong desire to avoid the opening of new grade crossings. We would likewise discourage the opening of public grade crossings." In the last paragraph on the first page, the Railroad highlights the physical characteristics of the Winchester site and concludes that, " All of these factors would make it hard to envision a grade crossing which would in any way be desirable." They do add that, " To the extent parcels 701 and 703 would need access along our right of way to reach Ocean Avenue, Seaboard would likely give favorable consideration to such a proposal." 7. Letter from Seaboard Chessie System Railroads to Michael A. Schroeder, Esq., attorney for Winchester, dated September 3, 1985. Sets forth the eight criteria which at a minimum had to be complied with to effectuate a sale of the railroads 4 acres to Winchester. This includes the City of Boynton Beach's acceptance of maintenance responsibility for the cross- ing. In Section 2, the approval to purchase, if the condi tions could be met, would have been upon, " your client obtaining approval for the newly proposed crossing." The letter closes with, As you are aware, it is the general policy of Seaboard System Railroad to decline request for new public road crossings for liability reasons. Our management will only consider your request for a new crossing provided that the stipula- tions contained above are adhered to. 8. Public Hearing Notice of May. 12, 1986 from Elsie Winchester. In the PROPOSED USE she requested permission for a "collector road and railroad-crossing for same." Tradewinds never requested same, because we were only obligated to provide the land. In her REQUEST she specifically requires, "... Also, routing of a collector road through Lake Boynton Estates Plat No 3. to provide for connection onto Woolbright Road." 9. Letter from Motorist Design Data Movement Inc. dated June 21, 1990. When the issue raised its head again during the plat- ting process for the PUD, the traffic engineer for' the project, Daniel Murray, was asked to comment on the issue. The three main points in his letter are: ...(T)he primary concern related to the In- dustrial Access Corridor was to have a part of the Woolbright development set aside to assure access to the M-1 property should it ever be developed. (emphasis added) ...if a road were to be developed, that it be a functional road that accommodated the needs of active traffic. If the M-1 property was generating trips and there was an approved railroad crossing, then the Industrial Access Corridor from SW 8th Street to the M-1 property should be a paved two lane road. (emphasis added) It was never ~ intention to recommend that the Industrial Access Corridor be a paved roadway from SW 8th Street to the railroad track unless there was actual traffic being generated from the M-1 property east of the railroad track. (emphasis added) 10. Letter from Scott Allbritton, Rail Corridor Management, Floria Department of Transportation, dated June 21, 1990. They will not consider selling any property along the right of way and on the attached POLICY STATEMENT "Ef fecti ve the date of this policy (September 20, 1989), the establishment of new at-grade crossings of the Southeast Florida Rail Corridor is prohibited." ~ --- I believe that a careful review of the enclosed documenta- tion, as well as the records from the City surrounding the ap- provals process, will show that while Tradewinds gave a portion of property for future use as potential access to the M-l tract of Winchester, nowhere is there any requirement to design or build it. The specific requirements are that, after all ap- provals are in place from the railroad and the City and the Ocean Avenue crossing is closed, a roadway needs to be developed in conformance with the MDDM traffic study. DJL/dob >'OV f1- ('.;.. ITAT. tJ,"'/~ORIOA or:rAnTMI':NT OF T~AI'f'''OnTA', . ~ - VALUe FINDINGS .- (ESTIMATES OF $1,000 OR LESS) /)ollK1as J.?_~,_1,.q,y'ell ",,,,.n""SErf ;JI'_-..J: ." .f )WNEnj 1~1sic WInchester JoJ.~ed by he~ INsrECTIOI'f DATE(51 '.!Jsb~nd_,...J\~g.,R:'\y, ~}".!Sh~1? tcr \OLlhC5S: 1'.0. Dr.we!' 1;>1,0,' Jan. 19,1972 ;PYJ1,tJ',n._D(,.1,ch ~ ..Xl(l,r:,ul~ OCAT'ON 0.' rltOPERTY: EaA t of the cas t R/W line of the Sea- oard COiJstline R.:tilroacl & nonh of S.W. 15th Ave. PARCE~ NO,: 224-1{ ~c-::Joo-:-;-9-J2 20- 2/.11 _.~4__" HIGHWAY: S}{-,:} COUNTY: Pallo>.! ach F,A,P. NO.: 1-95:'1.<'104) 4~ D.O.T. OCSCA. APP~'O: __....Junc 28, 1971 JCTW\.:CN !>"I\T'U;~S, 7/10 ... '.5 to 760 ... 9J _r.Ol\l. prw;c:nll"'IClN lest l/i of N.W. 1/J., of NW l/l~ of 5\-1 1/'. of Section 28, '1\.lp.45 'S,Hge. 43 E., leGS n/w of Se loard Railroad clnd \-1. 1/2 or S\.[ 1/4 of N\.f 1/4 of 5\-1 III., of Section 28, 'l'wp'\45 S, Rge. 43 E, LeS9 R/W of Seaboard Railroad and n/w of State Rood 9, (cxisting), pnd WI/I., of SW 1/4 of ;W 1/4 of Section 26" '[\/p. t45 S., Rp.c 'D E, leBs R/W of Seaboard Railroad and R!W of State loat! 9, (exis tint;) . t, .. . . . ~PARTlAL TAKING1 :J ENT/IlE TAKING' AREA OF ":NTIRE PRopr::nTY: 9.40 Acrefl AREA OF TAKING: .05 Acre ARCA IN CASCME::NT: -, .._-~ . iHGHTS.tNTERl:ST APt"ltAISEO: fee simple :JRICF OESCRIPTION OF' F.NTlftE pnOPL'llTY ANO TAI<'ING: DE5CRIPTION OF SUnJECT The subject property is an irregularly shaped property running 2,240+ feet down the cast si :>f the Seabo.1rd CoastLine RaiLroad, with a maximum width of 205+ feet. This property is bordered on the wc~t' by the Sr':board CO.1st Line Railroad a/\~, the south and en-'lt by the exis ting Sta.le Road 9 R/\~ and .m the north by property under the ownership of the Seaboard Coast Line R.:tilro:1d. Althougll there iL1.~ ap-par~n.Lacc~ss/ to the subject pnrce1, the subject property o.....-ner, Hr. Winchestcr. stated 011 the date of inspection. that 'he had a letter from L:,~ Seaboard C' .13t Line Railroad stating that they would allow him access acros: their property, should he oesire it. "f '.r".~ - ,( The topogr.1phy of the sub~cct property is relatively level throughout. However, it docs lie at the bottom of a slope ru'~ning along the eastern aide of the property. The railroau tracks arc elcvated betwceu 2 ::u 4 fect above the Aubject property. nlere 'Wcre no improvcDleots on t!~c subject property at the date of inspection. The entire property 1s coVered with heavy underbrush and numcrous trees. See Additional Data Shect E~TIM^',- OF' ""f,RKCT VALU,", ., An&JlysiEi of properties 'With l:nmparable zoning and highest and best use, ciS the subject parccl, indicates a value range of $.11 per S.F. to $.22 per S.F.. In this writer's opinlor $.22 per S.F. best repreRcntR the value of the toking. Total area of the subject parcel'o taking 10 .05~ acr~ti ~r 2,17~ S.F. The value of the taking io 2,178 S.F. at $.22 per S.F. for a total v~luc of $479, rounded to $480. " TIle. AOOVL: VAl.UC C$T1MATC 1[; OASl::O ON MY IN:;Pl:CTION OF' THC 5UOJL:CT PflOPCnTY AND KNOWl.EOGE Of' SAI..ES COMPAnAOLE pnOPCATIF.5 IN THE NI:ICHOO..HOOD IN WHICH THE PROPCRTY UNDER APPRAISEMENT 15 L.OCA1:~D. , I __ )~'.:.LLJ.,,!, l'I\,~ 1..1:.--- ,_ ,~.-r.. ~. ., ~ t1! r"' A"",.",".ll'. ,. .. _"t- . ~.- , -.----------- , " (. l:' l' ^IL!..D l\;::i.:nll'T1'_~r' \,'},.. 'Oil:: I'.. ~I"t' V Ut:: Fl;'~1:: '01:': T,\ X.N-:' I'C"'Il::O~,w'- ~~;'I\nc: f.~ N,); I. :!!, ",AI!U,\T1V~: n~';;in~'" r I(,'rl Of" L.:,~'n ^;i'O ".WIlOVEMEtlT:t C;;:,.'Oftl:: {,"(INt. 1't.r...P'!''''~ - .;,.. .._-, ..'. , , --;'---- .rLUO': ,\ O:;'~Cll:,.TtCI;1 ,:,,' c.:::,'..:IlA:" '.aCI\'rJ(.JN, rJ!::I:j'I(H)~i!OOO. TOTAL. >\1-11..:'''1\, 111:::~_'':.:'U.!~:~3?_'~~).::h 1..10_"..." L,\NU USI\G:::, TY?<:: 1:.:?r:">Vt:ME.N'f:-i Ar,U AN., :..;>r:C'AL F~:,\ t'lliH:~ THAT 1\00 011, ~"..A.r-. NO,: I-')'j- t (; i":~ l.'j? O<:Trtl\C:T f'NC'r.t '011:, V,,\L.U:;: Cf' 1 H~-:: t'n:,Jrt..,rrv. ('''V::: 1\ GOOD ~i:J1t1. ~IC'('Jr:::: a,. ,----,....------.... _..,--, --- ,- nl~ L.'\I'Hl A,.,U 1~'I.rlllv..:'I\c.:r:T:.:q; It is 3:isllnled that .ill'p;!rties of inr:ercst to this nppra:lsal rt:port arc sufficiently familiar with the City of Boynton, County of Palm Beach in regar~s to po~ulation gro'.Jt.h, climatc and economy so there is no need to recite th~tie stat.istics in detail. .'111C propel ty under ilppraisemcnt is located along thl:! East ::;i~e of thl:l i-linchester property anr! \~cst of 1-95 and thc neiGhborhood in \o1hlch tlte subjc.::d property is locatE c,an bl:! considered to Lc bounded by SW ll.th Avenue on the South, Northlo/est 2nd Avenue to the North, with 1-95 forming the East boundary, SW 6th Street and SW Gth Street hring the \.Jest boundary of this hypothl:!tlc..l neighborhood. 5\-1 15th Avenue is located immediately to the South,' while N\J 1 Avenue is approximately ,1 mile to the North. S\'1 6th and S\.J 8th Street:. 'are about 1/-: 1Il1le to the \-Iest but !-95 is abutting on the E~st. The n~:ghborhood is located within the City of Boynton. Trav-:rsing alnng the East boundary of subject neighborhood, in a nlrth-South d-f'rectio[ b 1l.ter.state Highway .:0. 95. Thc scr. Railro.:1d pi:.ll'a1lels Interstate 95 to the' to/est of subject property and the propertlcs frolLtiog along the Railroad to the '\;...:tit are residcntial ownerships and to the North is locateu the U...ynton Train Dt'!pot. TIte past growth of Boynton has not been dramatic but the arca is enJl)ying a steady incl'~ase in population and a zt'Lengthening of its :,'conomic base. Population projecc!( would indicate that: thb aL~a will enjoy a rapi~ gruwth in the fttture. The property coder appraisement is located inunediate1y North of S\>1 15 th or \>1001- hrlght Road abutting 1-95 on the East the SCL Ra.!.1road and the WJnchcster property on Lhe \-lest a short distance South of the Boynton depot. This property is land- locked. Within this ownership, there is a total land area of 1.798 acres, more or less. There are no improvements. In estimating the fair market value of the subject property, serious consideration must be given to the Highest ,and Hest Use of this ownership and the Highest and Best Use is defined as lithe most profitable, legal use to which a Pl'o('lcrty can be placed with this use being a reasonably probable LIse and not a specula.tive lIsell. When Interstate Freeway 95 was constructed in its present location access rights were acquired resulting in the subject property being landlocked. - ,- It i::. my opinion, the subject property has a use only tq the abuttinl; O\Jner whIch is zoned for industrial use. TIlls abutting ownership is l~ndlocked also. me ZA -:_: . , . .. ~ ... . . , ,.:. .1 ,...;. /"""' ~~ r '-~ Kr.N T.^SlC'IETT ~ " :,' I (.'''1 S'.J i:J':'~ ': ",l"Jr'C"1'r ',' roll" '" '" Y <;1 (,;r/: F Ie J'.:'IIl" EIIJ II. Q I N(.-~~~ .,..\ I':' ell (J>l ,. ~."\':'._(. t'a I.. ,;,.......Ctl~'Z, :Ji,;'=O t~('JT ~It.: "(1 ....::,\~.:~ 't ..1A r:Hi 1:,1:,1 I. N.::.' O.'IS ^,..",.., A ....~ H Ii ----. ---- I; P^Ii'=El.."~~:: 2'1.t. ,.___,.... ..._'. _ .,._ :,' '.Fe . ;:'~II' 91220-2/ll1 I '~: ,~',~~~,r~9.~~-=:~'.f~:?j~:.t'( I ~_2jJi-='=~ --------- . '. ~., t.:'. ',1.';.: ,J~" ~ ?>~. ,(', .' 0 ,. .1' " \.!lI'1\I..U -; \,) V' t--' .p .0 'I (). ." ..~ V'. ..... rfl rl"l >' , Ul , ~ \ Ul ';:'1 \ i '\ " ..\ V (" .' (t\ "~" 0 ..,. ~ 11' ~o ,p ..... \'..) ,.. '.. ' ...0 o. ... ...1" \0. ..D q'" ~ \ '",~.O'~ . I \ ~: . \ .\ \ \ '- \ .. \ \ \ \ \_,----~-, " ' /lIlE^ O~ WHOLE 1. 798 ,'C./50.FT,' _______ I\C'/~O'FT'\, ___ M:./~Q,f'T. \ ..' I\P.C^ OF' T^'':INC ,\ fI C A OF' P. c....\I:-tO ER _ S' lIurt, I. 0" PAHT",., T''''C~''e$ cell.OR 0.. CROSS 'CATCH PART TAKl!H. 2, lo"OW .......;:EL IIOUNn,''',1I:5 ANa Ol,..t:N:lIO"''', r"':LA1'laNSHI" "'NU on..f AI'';: r. Of' ,........'OVCMI!:,.TS TO Allt:" 0,.. T^H:II.'.. J. !>..U.... f LOO~ "LA" WI rH ""TF.R'Olf D'MIlN!unNS \'JHa:;M DUILDINe, .....~ CVo\'-UATED. ~,,, ,~ ~., SHOW "N" ARROW \ I I jmh 3 ~ ............ .. . . II...... .. -, ... ...:... -, I,;U/\I1 AI,; I ':>11 t: I: 1 SHCCT I 0 Elsie \-linctv~l';t~r ~t vi r r... -Q P. .n . l.~l,.o.. #'P. 17/t./r/lny /1)'"4J1- 'Boyn ton D~f\('lt, Flori(la ..93_22.9,-2)'11 rAl'lCEI.. NO. ow",,, . "'ME '" "'OLIII..!t~ ~ ,,-:i.,- 70 :(.1 RIGH~F 10'1 Y Cl DriAINAGE CJ BORROW PIT r.J OTHCR (SPECIFY) $li:Cl"ON '" JOli NQ. _._ .._22)~__~,.,..___,_.____ ,.._ " FEOEnAI..'AIP pnQJECT NO. o PROPE~m';C-;:;;;E-;-;Y~~'ER------ V:: ,.,-- --.,.. . -..-------,-- ,-,-,-..,..,..' 5;i I l~~;~lb lrnl9 42..,___..__ _ O.:..~~_E~~~~~c:'_BY Tfi:~~~T 1~.~~=--:-:::-_-.:1S1-~~~_ .... .....;d.-:~.~:;-lcoUN~v---_.-- --,----..... DATI: RECEIVED DEC::DS AND suprOR riNG DOCUMENTS _,.I/""..Y.. ..J, - , h MO. OA V V rl. pf'l. .m 11p.1JJ' PRE.CONT ACT PFlEf'A RATION A hi U I N V E5TIGJ\ TION BY AGENT IIJ CHECI\.':'D CONTENTS OF' FOL.DER AND DETERMINED AL.L. INSTRUMENTS. ," .1/ / ~r I ""-:::t- MAPS. APPRAISAL.. ETC. ARE IN PARCEL. f"OL.DER. j.oQ (DATE) ~~--, '/' . .- ---.---....-.-.... ..-.~.... .--.-.... ~_.., ...-....-. ... .-...---'.'. .-.. -.-.....- -----------------..,---------.---.-- (:1 REOUEs-rED R. H. P. F'IGUHES FHOM REL.OCATION SECTION. D (DATEI REC'D o A~' (DAT~)~~~~~ ~ /:?K /?:>- (DATEI (DATEI .- ...-. ..._---~-,- .... --.---.-..---.- --.----.-- 131 MADE STUDY OF APPRAISAL AND COMPARED WITH PROPERTY IN TAKING AS SHOWN ON n/w MAP. w ~ -----.--.. -.-.-. - ----.---.....--.--- -------- (4) rHYSICALL.Y INSPECTED AND DETERMINED If" TAKING CORRESPONDS ~.2!~I.~_~,C?.!!. ~ ~.!!.t)~~~~~,~:..,-t?.!E.~_~_~~ t?n~.r:.P. R_~! S.~ ~,:-...____ (') REPonTED DESCREf'ANCII:S, IF ANY. FOUND IN THIS INVl::S-rlGATION TO PROPER AUTHORITIES FOR NECESSARY ACTION. ' o (DATEI -.--.... --.-.,-.-.....,.. -. -----.. ----... ----,.._-~_.-. 161 PREPARED AGREEMENT FORM WITH AMOUNT OF APPROVC;;D APPRAISAL SHOWN ON OWNF:RS COPY. FIRST CONTACT tJA' C ,\ ,~GF'Nl"~ $IGN^'rURE ~ . XIN I'ERSON LJ I'~'ONE 0 MAIL. v.,/~."....;:: ~~ ,__,_~ t:4-.Y_~?';J1.2. ,-,[~-- ---'-----,--- . -- .L!. ;; ,~- ... -,. /'~ L.OCA) 10 ".,7 pE.nSONS rll ESEN I. IlJ"'I:U:~.J/wUC MI't 1.1 ur 11",1" ~ :::;: _/'f -==~ ,_Q~ ~&~~~~,_~~~.~~;~,~~~~~~~~~f(~ II) DELIVEReD A COpy OF' BROCHURE "WE MA Y BE COMING YOUR WA V". pq' (DATE) _-.;- /;:::).~I - 7.2 J1.:< (2) DEL.IVERED A COpy OF RELOCATION ASSISTANCE BROCHURE. ~ (DATE) K/!: -. ----..---- -.-----.---..-..---- -.------ (3) CHECKED IMPROVEMENTS AND AMOUNT OF TAKING WITH ITCMS OUT. LINED IN APPRAISAL, MADl:: LIST Of' DISCftEPANCIE:S. IF ANY. -- .----.--- -----.-----...-. ~ (.:) DISCUSSED THli: NEED f"OR AND THC TYPE OF PROPOSED CON!.OTUUCTION WITH OWNER. p(I ~1' (5) . DISCUSSED APPRAISAL. REPORT WITH OWNER. 16) OFFERED OWNeR FUL.:' AMOUNT OF APPROVED APPRAISAL IN THE AMOUNT Of" $ " {L1.CI ~.. - (71 -OWNER MADE COUNTER OFFER OF S OVlNER MADe: NO COUNTER OFFER. o ~ )Q ~ M (D ATE I ----A./.-:'f N/A (DATE) ~/ rl- -.. ... -..--.......- -------. ...--. -..,- ....- ------ (81 GA VC OWNER A COpy OF AGREEMENT WHICH SPECIF'IE:D AMOUNT OF OFr-ER AND OTHER TERMS OF AGREEMENT. 191 Df"l.IVEREO TO OWNER. 90 DAY NOTICES. DATE NOTICE EXPIRES ____ --...--...---.-------.... (10) R.H,P. OFFERED IN THE AMOUNT Of" i OTHER REMARKS ..~;<b ~ ,., - ': ~ ~ / -yI /"J~~-""4' ~", ~- "".", ~ .. /.. /:~....!~,~:- ...? -r<--" C:1'~~- .-- '....... -,' :;"7>-"':' ~7 - ", ~. -- -' ,..;- ,,/ c".?/I' ~~~~- , rrl1 "177 .. ~ / ... :~ ".~1;.;JECMCNT ODTAINE:D IN ~. - -~ ~ ~'-- ~ ; ~' OWNeR CONSIDCRING OrFCR 0 Or!"!!:" ACJECTCD ~..,., ......,- I"D~) TENANTS GiVeN 90 DA Y NOTICE (DATEI NOTlCC EXPIRES (DATE) ...----.,...--- o TENANTS CIVll:N nEL.OCATlON ASSISTANCE DROCI-lURE o TENANT GIVEN BROCHURe ....'Ie MI'.,v DC COMING YOUR WilY" AL.L. '-UTURE: CONTACTS ARE TO 01:: DOCUMI5:NTCO ON FORM 1 H-OG (11.701 SUPPLeMENTAL., AND Anc T,O BE ATTAC TO THE PACK Or THIS CON;rACT SHEET, ONJ;; SUPPL.l:M':NTAL CONTACT SHEET WILL Bl:: USED F'on EACH CONTI PROCCDUfH: FOH HANDLING WHEN AGnr::F.MENT \'5 OOTAINEn f'HOM OWNER CERTIFICATE (TO nit 91CNEO illY AtOENT AFTER ACIfE&:MENT IS 51GNli:ul I, THE UNOERSIGNED. DO HCRCSY CCRTIFY: (I) THAT TH!!: WAITTCN AGREEMENT SIGNED OY THE: PROPER' OWNER E:MDODJES ALL OF' THE CONSIDCRATIONS AGnEl::O UPON E1ETWEEN THE SAID pnOPI:RTY OWNER AND n, NeGOTIATING A~EN1': 121 'J'HA'r THE AGUI;:CMCNT WAS nEACJ1EO WITHOUT COEflCION, f>FlOMISCS OTHER 1'HA THOSE SP..CI....IEO IN TI-Ce: AGREEMENT OR 'iHHt:ATS OF' ANY /(IND WHATSOEVl::R DV OR TO EITHER PARTY: ( THA T I UNOEr.ST AND THJ\ T THIS PAnCEL. IS SEcunEO rOR USE IN CONNeCTION Wln-l A FCOERAL.AIO HIGHWA PROJCCT: AND (4) TIlAT I HAVE NO OIRECT OR INDIRECT PI~ESf:NT OR CONTEMPL.ATEO ....UTURE PEr-lSONA INTERC!iT IN THIS PAr~CEL OR ANY OENEF'IT FROM THC ACQUISITION OF SUCH Pl10PERTY OTHER THAN TH REMUNr::RATION FIlOM THE DEPAHTMENT OF TRANsrORTATION FOR THE PERFORMANCE OF MY ASSIGNE DUTIES. ,,-, DATED THIS _4:~~,:'?C' DAY OF ~.:r~~_. A',D, 19~f.':;L. (..-/'~/'~~.~.!"~(,.,-- , AIGWr 01' WAY A(o~"T ,..."C6T'''''Olfl (II AGREEMENT ALoONG WI1'H TnANSMIT rAL LET1'EIl OUTL.INING Re:ASONS FOA ANY INCREAS,S OR :speCIAl. CONOI1'IONS FORWARDED TO DISTRICT OFFICI: ON 0 (DATE) -- - . --- -- ---- -.-.--- ---_.. - -- -- .- - --... -----. ---.... -.- III PAOPERTlf:.S MANAGEMEN r NOTIFIED AS TO IMPROVEMENTS DEING ACQUIRED, o (DATC) ----.--.1'.-.,--- ...__-___. 13) STATE WAR~ANT F'OR CLOSING RECEIVED FROM DISTRICT OFFICE ON, o' (DATC) j;)'5'-" 'finii ^iinANT;-~u'jjoiifjiN~TiONS,'C Lc.~iNG'!iT;' 'I'F.MENT "'Ni3'A L.L:iiii-rA'PCrHt 0--- FORWAnaa:o'ro . . , . . . . . , . . . . . . . . . . . . . . . . , , . . , . . . . . . . . , . . . . . . . . . (CLOSINGI _~~_~~!"<<:'_'!~~?!~,~~,~.~'!!!"!?"!!"'c~~~"''!.~~.-.:.:....:.....'"'''''''''' .........,0 (OAn:) IS) PARCEL CL.O~ED ON 0"( o (DATE) 1'1 DEED':;, 5uaORDINATIONS. CLOSING STATEMENTS. CHECK FOR DOCUMEN. TARY STAMPS l\r OTtlEA peRTINENT DOCUMENTS FORWARDED TO DISTRiCT OFFICE, (DATE) 171 HOLO-DACK WARRANT, IF ANY. IN THt:: AMOUNT OF' DELIVEIIEO I, '( ,._..__ _...___.... __ _ - ___""'_ - o (DATE) Pi~OCEDlJRC:S TO BE FOLLOWED WHI!N PARCE:L IS PLACED IN SUIT (I) OFFeR RE:JEcrJ:;O UV OWNER ON (DATEj FOii Tlil;; FOLL.OWING REASONS: '" -,.- Il) 0 SUIT INFORMATION FORM FILL~O OUTANO CI-C~CKEO WITH OWNER F'OR ACC.lJRACY. (NOTE: SUIT INFORMATi /S NOT TO BE SUBMITTED TO TALLAHASSEIl: UNTIL. 10 OAVS AFTEr~ n-fE LAST PARCEL OWNER HAS DE:~N CONTACTED .. -----..-- -----_.,--.--~.~....__.._._------_._-_. l.!l2..~! _I.r:' !.O~,~ ~~ I.?'" .!.O_R_W A ~ Q ~~_]:o.~_S2'~_~C::,T_9~~,o~tL> A T€) 14) ATTORNEY ForI OViNEflS. IF' KNOWN: (NAME) (ADDReSS) ITl::LEPHONE NO.) OTHERi1i=;,;j\R-KS:-j"j::-NCCi.SSA'RY'~'(.;"'CLUOE ALL, ~T1~~",O;;;;;:-TI~GAROING NEGOTIATIONS. OELIVErf~-~-;;;;'-;;T$-: OWNER 15 TO VACATE pnOI'EUTY, SPECIAl. pr-108LIi:MS.OR ANY OTHEtI DATA TI1AT AGENT CC OERr. SHOULD OE ""....OE A P....RT Of' HIS rH:;COAOS.) T1TL~INF"ORMATlO~ UPDATED TO (DATE) BY TITLE CC PROCEDURE TO flE FOl.l.OWeD WHEN PARCEL IS VOIDED THIS PARCE:L WAS VO/DED BV AUTHORITY OF ON 0...." E: RIGHT OF' \YAY AGIi:NT ,.-"""'p. ... ~ 1,-.':' . ~~L.I..~~t...t'..,...,. ALl :..- ..~ ,. , , I..UIIII,"'I..I nt.I..LIlIV I '''I .......' , . ~ V v~ ) ..-=,? -?::- j.Uo./I'/?:' I'AIlCt7L NO, ") ?-'/ . _ . ,_..",., -/" 40.. _ ...... .... .__.... PrlOJE:CT NO, ..'13, 7-;)~ - ? 1/ (/ ,f'E;H"ON CONrAt;TCLJ I\UUHE:>5 COUNTY i , ~") '-J I .:~'~. ~':::'~~' , '. ' ,IV t',,::'2~u.:.(~;:'2~.'r?-c.l,;', (0C)~ ~~ ,0"; C OF' CONTACT \ ACE NT'S SIGNATUIU: f',;../ IlEL.ATIONSHIP TO OCCUPANT / . ~.(.ot. // 17/.:...-;' '-"""..2 /~ /'///';'-~:~ .;//~~ 'Td(t;':~NTA{T ......, ../._...,/:".. ',' r~' ,,7'.,..,'7 -'-'-'-'---"-'''ICON~t:;:NO., r.... ! PERSON TO PEnSClN X TE:I.EPHONE . -- ) PERSONS PIlESENT MAIl. . ..,... _. ." ... I ~J .._.~,~_~~_~ '~'C'C-UPAN'r\S NA~'~:" _ L_ ,.._..~.: '" '__'" Rt-MAnKe;, -. ,.,.. -.-.. ..~~ -,<,'2~;~-=:"'~::~'_'''''_'''' '~V _or- .;'P //. " _. . ,.",.. ~~/ ' ...'" .J. r;;,y" ~t't't,:. ,,~.-1"~_ /"'.,... C7"~~..z-.. c.(...A-~ _j;,,,....c.:-<~--'y _e-_ . """ ~ . . /.l -/. ' ,,,_ ,...I ......- /f.'" '" . ".,.,?"j"'''';'''''; "..4"'.7' ~~ ~~/ --~ ~- r' v~('.:-.....;..? ~- .......,..;........ ~...c: .....:~ c.,,;;-;.L..- ---7 ,..e~~.~,,_. d / ~ ;I .. // . ."J....-' A ~ __ 7'. ...L~ . ~7,~A,rL--/"" ..x/:.,;e ~ c.;..,(Y...-r-4-'<-~-C:;~~' V/,.......- -",4P ,-~w..,.......-:-r- ~.....'- ?-'/Te,., ~~~,.-.,--, frank \'1. lAufQhY/fr/.. ~.../, I 19?~ ~ t'~~ c.C~_, '~~L-c_ :;e~~d~~~7 .,...zr-~..,r-~ ~4!/ ".;r~ ~:;Y ~~J- ~J~~.~~..<~r~~~~ - ..,;; oiJ ' a~ ?: 1'77:<' >t(,re;~.<:~, "'"E",~ ~/~~~ ,:l '.. / &t-"'4.-(~.-t"~?~)''/..'':? ../;.}A~~~~~4::-,4~ yil~- ...-?'~/;;/q, ,,;/;b/:~v- <"".,.. . ?./ x.J.~t.t--',-r.:;:.'~~. /!/ S'y' t:-?~~.;.,/ ~L-)\. ~~y.::'~- /~ ~~'~""~/{I-.r .-./~_ ./7 ' #.. //? f'~' ..4'/,,4~y ..A'/~~ - -/,J.~t/!/c;/~r- .-r./.;:,'/?a-;... -;)-;;)-7 / ~~r frBn~. W. tJurPI~.?? ,...... OT"'E:A "In.. IF NF.C:F.r..."nYI NOTE, .ij-HIS rORM. \'IliEt~ C:OMf>I.ETf:. TO AE ATTACliED oro J>nIME CON'rACT SHEET .. .---' ~ ,I' . '.J." .... . ~ ~ / .- .' CDEPA~~~ENTALCORRESPON:~NCE) TO' F. Martin Perry DEP'T . - FROM G. Steven Brannock DEP'T SUBJECT Tradewinds Development Corp. RE: Woolbright DATE August 16, 1985 Dear Marty: With respect to the above referenced matter, please be advised that I have spoken to Jim Maier, who is with the Department of Transportation. Mr. Maier has been with the Department of Transportation, Right-of-Way Department, for approximately 30 years. He is very knowledgable about the activities of the State insofar as the acquisition of I-95 is concerned. Mr. Maier advised me that approximately 40 years ago the State acquired a certain parcel of property from Mr. Priester and Mr. Buchanan for State Road 9. At that time, State Road 9 was basically designed to be a 4-lane inter-urban limited access road from Miami to Palm Beach. They did not plan on inter-changes with regard to State Road 9. Mr. Buchanan and Mr. Priester conveyed the property to the State along with their access rights. Mr. Maier stated that the State paid them for the value of the property taken, along with business damages to the remainder because of the limited access. In 1973, when the State was acquiring property for the develop- ment of I-95, the State purchased a small parcel of property from the Winchesters. This is a .05 acre parcel of property and was used as part of the present I-95 right-of-way. Later on, in 1930, Mr. Winchester requested that the State _ sell him the parcel of property that is involved in our particular matter. Mr. Maier stated that he dealt personally with Mr. Winchester relative to this matter. He stated that he recalled Mr. Winchester had some "crazy idea about getting a crossing over the railroad track and developing this parcel of property." Mr. Maier stated that the State quit-claimed the property to Mr. Winchester. He stated in determining the value, the fact that the property was landlocked was taken into account and that said land was appraised as being landlocked. TOPS (0 FORM 3397 '-, lITHO IN U.s.A. t> ~ ..... -.. ,. ... o. .....~ 11' i'r! .... TO .., ....,., CDEPA~ENTALCORRESPO~NCE) F. Hartin Perry OEP'T ~ p FROM OEP'T G. Steven Brannock SUBJECT Tradewinds Development Corp. RE: Woolbright Page Two ~ DATE August 16, 1985 Mr. Maier is leaving on a trip this afternoon but will be back in his office on Monday. I have scheduled a meeting with him for Tuesday afternoon. At that time, he'is going to supply me with maps and other documentary evidence relative to said property. If you have any questions or comments, please advise. Very truly yours, >1-~ GSB/sjc G. Steven Brannock TOPS ~ FORM 3397 ! ,j J...... .- nw Data.7' , '--' \ ; ~ LAW OFFICES PHILIP G. BRAUN 305 SOUTH FEDERAL HIGHWAY BOCA RATON, FLORIDA 33432 (305) 368-5700 September 21, 1985 Tradewinds Development Corp. 1700 South Dixie Highway Boca Raton, Florida 33432 t)~f1 In re: Bill & Elsie Winchester P.Q. : Abandonment of Lake Boynton Estates Plat To Whom It May Concern: You have asked for my legal analysis of the ri?,hts, if an~, of Bill R. Winchester and Elsie A. Winchester (hereafter the 'Winchesters I), to claim a right of access across property of which you are the contract purchaser and which is in the process of being rezoned and replatted. For the purposes of my analysis, I assume the following general facts. HISTORY The property you contracted to its intersection with 1-95, (hereafter the "Railroad") Property"). The Winchesters own a parcel of property just east of the Railroad right-of- way and just west of the 1-95 right- of-way (hereafter the "Winchester Property"). purchase is locat~d on Woolbright Avenue near and just west of the Seaboard Railroad r igh t - 0 f - way (hereafter the "Tradewinds The Winchester Property was once part of a larger parcel of property owned by a Mr. Priester. Likewise, it was part of a plat of property which was east of the Railroad. The Tradewinds Property was part of a plat which is located west of the Railroad, with a pending application to abandon that plat. Accordingly, for all relevant times, the Winchester Property was never part of the Tradewinds Property either by way of common ownership, or by way of inclusion in the same plat. Since the construction of the Railroad, in approximately 19 , the two properties have been separate entities. I have been asked to assume that the Winchester Property is landlocked. However, the manner in which property becomes landlocked is important to an analysis of whether a remedy is available. Apparently, the landlocked condition was created approximately 40 years ago when the State of Florida (the "Statell) acquired a portion of the property which was located east of the Railroad from the then owner, Mr. Priester. The land was acquired for the intended use of construction of State Road 9, which later became the 1-95 right -of-way. The effect of the State's acquisition was to leave a remaining slice of property between the Railroad and 1-95 consisting of approximately acres which was landlocked. That remaining slice is the bulk of the Winchester Property. Since that remaining slice was landlocked, the then owner, Mr. Priester, was duly compensated by the State for not only the value of the property acquired, but for the damage to the remainder, i.e. the Winchester Property. Accordingly, it is important to no te that the landlocked property wa s created by the State, and the then owner was duly compensated. This is Page 1 ...,., '-' .,,~ important, because as this letter will point out below, there are certain legal remed ies availab Ie to owners of landlocked property in certain situations. However, this is not such a situation. Thereafter, on property from Mr. Priester for ~ it was landlocked. In 1973, when the State was acquiring additional property for the 1-95 right-of-way, a portion of the Winchester Property was purchased from the Winchesters for a nominal amount. The Winchesters purchased back a portion of that property previously conveyed to the State, from the State, on August 6, 1980. That additional piece consisted of approximately 1.798 acres, and it was purchased by the Winchesters for a nominal amount since the State appraisal indicated that it was landlocked property. , the Winchesters purchased that slice of , with full knowi.~dge that The above is a fair history of how the total Winchester Property came into existence. THRESHOLD QUESTION The first and most obvious question is, why did the Winchesters purchase landlocked property? The obvious answer is that the Winchesters were willing to take the gamble of finding the key to unlocking the Winchester Property. Since the Winchester Property was acquired for very little dollar investment, if the key could be found, a substantial profit could be made from the resulting enhanced value. If the key could not be found, so the dollar risk was minimal. A legitimate business risk was taken. This threshold question should not be taken to,o 1 ightly. If this matter deteriorates into litigation, which now seems to be a likely occurance, the equities, i.e. the fairness of the matter, will be of importance to the Court. There is one set of equities when an owner divides his land and conveys a portion to another pers on and landlocks that person by no t providing for access across the other parcel, as opposed to the set of equities which apply to a land dealer who makes a conscious decision to purchase landlocked property in hopes of providing access to it in the future. The land dealer's position is further diminished when the method chosen to provide access is not thru the purchase by the land dealer of adjoining lands, but rather thru forced access across another private party's property. The Winchesters are attempting to enhance the value of their property not thru their expense, but as a result of the expense of another party. The equities will just not be in favor of giving the Winchesters such a windfall at Tradewinds expense. VOLUNTARY WAYS OF PROVIDING ACCESS TO LANDLOCKED PROPERTY FIRST: The most obvious way is for the owner of the landlocked property to purchase adjoining property which has access. In this case, I note in a letter sent to Mr. Schroeder, the attorney for the Winchesters, by the Railroad, that the Winchesters have been negotiating for the purchase of additional Railroad property just north of the Winchester Property, and contiguous thereto. There is no indication that the Winchesters have attempted to purchase the property north of that Railroad property, which would then give the Winchester Property access to Ocean Avenue. Apparently they feel they can buy the Railroad property for a low price in comparison to what will be its enhanced value, which is not the case with regard to the other property. Therefore, why purchase. the other property if they can force Tradewinds to provide access. Once again, the Winchesters are motivated by purely economic reasons which will only benefit them at the expense of others. SECOND: If the Winchesters cannot buy the needed ajouning property, an alternative is to negotiate the purchase of easements for access across adjoining lands (i.e. an "express easement"). The most obvious route for such access would be north. However, it is apparent that the Winchesters have not attempted to obtain an easement from the Railroad across the contiguous northerly property, which I understand would be available, and have not attempted to obtain an easement across the remaining land to the Page 2 ~ ~ north of the Railroad property, to get to Ocean Avenue. Such a northerly route would not require a new Railroad crossing. However, access to the Winchester Property would then be via Ocean Avenue. It is obvious that the Winchesters feel that the value of the property would be enhanced the most if access was provided from Woolbright Avenue across the Tradewin~s Property. Once again, the Winchesters are motivated by purely economl.C reasons which will only benefit them at the expense of others. INVOLUNTARY WAYS OF PROVIDING ACCESS TO LANDLOCKED PROPERTY THIRD: The' law offers owners of landlocked property remedies in certain situations. If the Winchesters could sustain the burden of proof in such a legal action, a Court would give them a right of access across the property of another. A Court will not treat such an attempt to provide access across anothers property lightly since what the person is asking the Court to do is to take a property right (freedom to do what you want with your property) from the owner of property, for no compensation. Accordingly, there is a legal principle called an Iteasement by prescription". In essence, that principle provides that if a person has had access across another person's property for a long continued period of time (usually 20 years or more), and that access was adverse, open and notorious, such person will be deemed to have acquired an easement for such access forever. I am presumptuous enough to be secure in my opinion that the Winchester's attorney has informed them that they would never be successful in attempting to establish an easement by prescription. FOURTH: Another legal remedy would be for the owner of the landlocked property to try and establish an Itimplied easementlt across the lands of another. In essence, that principle provides that where a person conveys a parcel of land to ,which there is no accessible access except over such, person's remaining land, it is presumed that the conveyance of the land included an easement for access. In order for the landlocked party to obtain the implied easement they must prove that there was unity of title between the two parcels (i. e. they were owned by the same party when conveyed out) and that there is no other reasonable right of access across other lands. This implied easement has been codified in Florida, and in now contained in F.S. 704.01(1), and is occasionally referred to as the common law implied grant of a way of necessity. Once again, the granting of such an implied easement is closely guarded by the Courts because of the same considerations set forth above. Implied easements have been sufficiently litigated in Florida for me to be secure in being of the opinion that the Winchester's would not be able to sustain the burden of proof necessary to establish an easement by prescription. FIFTH: I note in passing that there is another legal remedy referred to as a Itstatutory way of necessity", as set forth in F.S. 704.01(2), which provides for a route of access to landlocked property outside any municipality which is being used as a dwelling or for agricultural or timber cutting or stockraising purposes. That section of the statute is not applicable to this case. However, it is interesting to note that even in the cases involving such statutory ways of necessity, the access is not granted in a manner which has the most economic advantage to the landlocked property, but rather, a way of access via the most direct and reasonable route. I also note that a review of the cases involving attempts to obtain easements by owners of landlocked property reveals that the Courts are more inclined not to g~ant such easements, but rather to leave the property landlocked. That seem~ to be the trend, since as mentioned above, the Court is being asked to burden another's property with no compensation. Therefore, you should not assume that the Courts are reluctant to leave landlocked property landlocked. They do so more often then not. SIXTH: I am confident that the Winchesters are aware of the legal problems they would face if they went to Court to try and establish a right of access across the Tradewinds Property. Although they would still have the voluntary methods to gain access, as set forth above, they apparently do not want to incur the probable expenses involved, which would diminish their potential profits, especially if they can get the City of Boynton Beach ("Boyntonlt) to provide access for free. Accordingly, the Winchesters are attempting to prevail on Boynton to prevail on Tradewinds to provide access Page 3 ,- ...., \. ~ 'WIll' '-- across the Tradewinds Property to the Winchester Property. They, or their attorney, have apparently told Boynton that Boynton has a right to require Tradewinds to provide access based on the authority contained in Article X, Section 10 of the Boynton Subdivision and Platting Regulations ordinance (hereafter referred to as "Section 10"). ANALYSIS OF SECTION 10 Even a casual reading of Section 10 reveals that it is not applicable to this case. Section 10 is a policy statement that street layout shall be coordinated with the "street system" of the surrounding area. There is no street system in the Winchester Property. Section 10 further states that when the new subdivision adjoins unsubdivided land, the new street, where necessary, shall be carried to the boundary of the adjoining tract. The boundary of the ajouning tract in this case is the Railroad tracks, and no facts have been presented to indicate any necessity. I submit that if Boynton is interpreting "necessary" in this context to mean the providing of access to a landlocked parcel of property, which was not created by Boynton, which the owner of at the time was duly compensated for, and which was purchased by a land dealer with knowledge of its condition, that Boynton is substantially exceeding the stated policy of Section 10, i.e., lito promote reasonable development of adjacent lands and provide continuity of street systems. In effect, Boynton has created a new form of easement not recognized in the law. Boynton is using Section 10 as a means to grant one private owner of property, motivated solely by profits, to obtain access across another private partyls property, not only for no compensation, but possibly for the additional expense of the construction of the access. I have grave doubts that such an interpretation of Section. 10 would be held to be constitutional. Such an interpretation by Boynton would create a whole new area of property rights. POLICY CONSIDERATIONS . Regardless of whether or not Boynton is correct in their interpretation of Section 10, a more basic question should be asked. Why is Boynton in favor of the Winchesters proposed plan of obtaining access across the Tradewinds Property? To answer that question, I pose the following additional questions. Have the Winches ters demons trated to Boynton that they have exhausted all voluntary means of access as set forth in this, letter above? Have the Winchesters demonstrated that the equities, i.e. the fairness, of the situation is such that Boynton should intervene in a purely profit motivated transaction and provide the key to the Winchesters? Have the legal ramifications of the resulting closing of the Ocean Avenue Railroad crossing been considered? Most importantly, is the proposed access thru the Tradewinds Property in the best interests of Boynton, and therefore in the best interests of the citizens of Boynton? Most of the questions are rhetorical. The Winchesters have not demonstrated that they have exhausted all voluntary remedies. In fact, I submit that they do not want to pursue such remedies since their potential profit would be reduced. There are no equities in favor of the Winchesters. They are attempting to elicit the cooperation of Boynton to provide them with an access route across property which will only benefit them. Even if, in the worst ,case, the property remained landlocked, the financial loss to the Winchesters would be minimal compared to the burden placed on the Tradewinds Property. I have reviewed the September 3, 1985 letter from the Seaboard Railroad to Mr. Schroeder, the Winchester's attorney. That letter sets forth eight conditions which must be met in order to provide a new Railroad crossing which would be required if access is obtained across the Tradewinds Property. One condition is that the existing crossing at Ocean Avenue be closed. That would result in the landlocking of all the parcels north of the Winchester Property. The Winchesters would,. I am sure, try to solve Page 4 ,. \ , . -.....I '-" that problem by purchasing the contiguous Railroad property. However, there is no way of Boynton knowing if such an agreement would ever be reached between the Railroad and the Winchesters. A price or terms may not be agreed upon, or another party may purchase the property for more. If the Railroad cannot reach agreement to sell that parcel, Boynton would have landlocked the Railroad parcel unless Boynton can think of a way co make the Winchesters grant an easement across their property. The owners of the property north of the Railroad property would also be landlocked. Someho~ Boynton would have to figure out a way to make whoever the O\ffier is of the Railroad property grant an access easement to those owners. There is no basis in the law for Boynton doing so. Additionally, those owners have rights, and existing easements. Have those property owners agreed to a closing of the Ocean Avenue Railroad crossing? Has Boynton even asked them if they have any objection? Another requirement of the Railroad letter is that Boynton must agree to accept responsibility for the maintenance of the new crossing as well as ownership of any interior roads. If Boynton must accept responsibility for maintenance, the accept liability as well. How have the citizens of Boynton benefited by Boynton agreeing to incur the responsibility of maintenance and the liability associated therewith of a new Railroad crossing, when they do not have such responsibility now? Is Boynton incurring obligations for Boynton in exchange for a benefit only to the Winchesters? Another requirement of the Railroad letter is for the Winchesters to agree on such other reasonable terms as the Railroad may impose. What if such an agreement cannot be reached because the parties cannot agree on what is reasonable? In that case Boynton as prevailed on Tradewinds to provide access to property to which access cannot be obtained because there is no way to cross the Railroad. The point is, that the so called consent of the Railroad to provide an alternate crossing is tenuous at best. There is no contractual obligation to do so. Another requirement of the Railroad letter is for the locating of the crossing between SE 11th Avenue and SE 12th Avenue. That presents a substantial burden on the Tradewinds Property since that crossing would be located at the proposed new Baptist Church site, and may present an impossible situation for Tradewinds to comply with. Accordingly, not only would Boynton be exerting pressure to provide access, they would apparently be determining where the access should be provided based on what Boynton deems to be reasonably necessary. Buy reasonably necessary for whom? Reasonab Ie from the Winches ter point of view, 0 r reasonable from the Tradewinds point of view, or reasonable from the Railroad point of view? CONCLUSION The above analysis represents my initial consideration of the matter. If Boynton insists on pursing this matter, I suggest that legal action be instituted to prevent such actions. I am confident such litigation would be successful. I doubt that Boynton would be able to sustain Section 10 as constitutional based on the manner in which they are attempting to enforce it. The problems that Boynton is creating by attempting to accommodate the Winchesters are much more significant that any problems that could arise if they ignore them. This is especially true since Tradewinds has agreed to give Boynton an Indemnification Agreement against any claims which the Winc,hesters may make against Boynton. As far as I known, there is no Indemnification Agreement that has been given by the Winchesters to Boynton for what is sure to be legal actions commenced by Tradewinds and most likely by the property owners of the most northerly affected property. Accordingly, I am of the opinion that Boynton will be in for substantial legal expenses if they persist in trying to accommodate the Winchesters. On the other hand, what legal action can be commenced by the Winchesters? What exposure is Boynton incurring if they choose not to force the issue of access? I submit that little or no exposure is presented, and even if there is ,any, Boynton has been indemnified. The Winchesters will not be successful in claiming that Boynton did not act reasonably in not providing for access to landlocked property across a Railroad tract, or in claiming that Section 10 has the dignity of mandating an access route. Boynton has Page 5 i ." -......,i ..".,~ no obligation to provide access to the Winchester Property. Even if Boynton had such an obligation, they do not have an obligation to provide the access where the Winchesters say it should be, especially \-lhen that is to the detriment to the owner of the other property. That being so, what good is access in a location that the Railroad says they will not provide u crossing for. Additionally, the Winchesters will not prevail in litigation against Tradewinds, since there is no legal basis for them obtaining an easement from Tradewinds. I do not see the Indemnification Agreement as presenting any substantial risk to Tradewinds. You mentioned to me that the attorney for Boynton hud reservations ,-lith regard to the vitality of the Indemnification Agreement. I fail to see the substance of any such reservations. Even if the Trade,...inds Property is conveyed to a third party, the Indemnification Agreement 'oJOuld remain in effect. If the Winchesters sue such third party, the only way Boynton would become involved is if the third party filed a third party action against Boynton, in which event Tradewinds would defend in accordance with the Indemnification Agreement, since it is a claim being made, although indirectly, by the Winchesters. If you have any questions, or require a more in depth analysis, please contact me. Very truly yours, Philip G. Braun Page 6 ~ L ),/ .-..,1 v Kilday & Associates Landscape Architects I Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (3051 689-5522 JUSTIFICATION STATEMENT Shops of Woolbright Place The petitioner is requesting a change in zoning and the Future Land Use Plan to allow for a neighborhood serving retail commercial facility on a 28.84 acre parcel located at the northwest corner of Interstate 95 and Woolbright Road. Proposed is a mixed use Planned Commercial Development consisting of a retail shopping center, office/showroom facility and professional and medical offices. The subject site is currently zoned R-IA (Single Family Residential) on the northern and western 16.3 acres, R-3 (Multi-Family Residential) on the eastern 1.8 acres, and C-2 (Neighborhood Commercial) on the southern 10.6 acres. Proposed is a rezoning of the entire property to Planned Commercial Development. Petitioner is also requesting a change in the Future Land Use Plan designation from Moderate and High Density Residential to Local Retail Commercial. The property is presently vacant. Located on the north side of Woolbright Road, it is divided by SW 8th Street into a 21.84 acre parcel and a 7 acre parcel. It is bounded on the west by the L.W.D.D. E-4 Canal and Leisureville. On the east is the Seaboard Airline Railway tracks and a vacant M-l (Light Industrial) zoned strip. Further to the east is I-95. To the north of the property is the proposed 618 unit Woolbright Place PUD that is the subject of a companion petition previously submitted. As shown on the site development plan for Woolbright Place, the subject commercial center development and PUD will be separated by an 80 foot right-ot-way providing access from SW 8th to the above mentioned M-l zoned property. .,:" f' ) "'WI' ...., -- - .. I" ~ .."., The proposed development consists of three, 2-story office buildings on the western portion of the property. Development located on the eastern 21.8 acres will consist of a 137,795 square foot shopping center featuring a grocery store, drug store and local retail uses, and three outparcels allowing 6,800 square foot buildings. Also proposed is a 50,000 square foot office/showroom facility. The attached market analysis prepared by .,Land Research Management concludes that this commercial mix represents a viable development concept for the site within the conditions of the current retail and professional markets. Access to the site is excellent being at a major interstate interchange. It is anticipated that the center will primarily be utilized by the large residential populations to the east and west traveling Woolbright Road, a major east-west arterial. In addition, NW 8th Street is being aligned to provide access to the Boynton Beach Mall, completing a link between Woolbright Road and Old Boynton Beach Road. Submitted with this petition is a traffic impact analysis prepared by Murray-Dudeck and Associates which details projected traffic impacts. The proposed development will generate no adverse impacts on surrounding properties as it will be integrated into the overall development of this intersection. Development of the 2-story offices on the western portion would have little impact on the single family residences to the west since significant buffering is provided by a greenbelt strip and by the E-4 Canal. ...-:: ..........., ~ .- , . .. . . . ~ lI"V. . . ... ~.' ..:- _'" I .. . ~ ~ . SEABOARD SYSTEM RAILROAD ~ 500 Water Street · Jacksonville, FlorIda 32202 ~ .(904) 359..3100 Law Department Writer's direct telephone line: August 9, 1985 .359-3670 '. Mr. Martin Perry Suite 302 501 South Flagler Drive West Palm Bea~h, Florida . '. , ._~~ !':';r1ii-ill . '.....:, t I '1 II: . ... V'>lk '1/ I; .; ':)'-I,J .111 r ; , 'i L~llI : .. " .... ........--.... VIA EMERY EXPRESS " ~i:!..;... J. .. ..,-l'.~~~.. ......~. .:( ,,:X. p .:\. 33401 Dear Mr. Perry: This ,is in reference to our telephone conversation concerning a zoning matter which will be discussed before the City Council of Boynton Beach on ,Tuesday, August 13. It is understood that your client owns property located to the west of Seaboard System Railroad's (Seaboard) right-of-way, near Mile Post SX-983, and would propose to develop same in such a manner that would preclude construction, of a grade crossing to serve parcels 701 and 703 located to the east of our tracks and right-of-way. I Attached is a copy of Seaboard's policy statement concerning private grade crossings, which is included on all requests for applications for same. I believe this clearly demonstrates our strong desire to ,avoid the creation of new grade crossings whenever possible. We would lik~wise try to discourage the opening of public grade crossings. ,Naturally, we must sometimes permit grade crossings to be opened, but our efforts do try and focus on an ample demonstration of necessity. From conversations with Seaboard's Engineering Department, it is understood that the property located between our tracks and 1-95 (located in Section 29, Township 45' South, Range 43 East - Parcels 701 and 703) is rather narrow (300 feet at its widest, tapering off to a point) and is between 10 to 12 feet below the top of our rail. In addition, it is understood that a 50 foot drainage ditch for 1-95 must be considered. All of these factors would make it hard to envision a grade crossing which would be in any way desi~able. Seaboard System Railroad, lnc, is a unit 01 CSX Corporation -' ,)' :; .. - .,~ ...., -. ,,,..J - 2 - ~ /"'-'. ~ .. ~ To the extent parcels 701 and 703 would need access along our right-of-way to reach Ocean Avenue, Seaboard would likely give favorable consideration to such a proposal. This-may, in fact, be the way these parcels are presently accessed. ' .. . advise. I~ further information is desired, please Sincerely yours, \ {Jj!d#A'v Jo n . Alderson, Jr. As . stant General Solicitor .. / . '. . ... . #* ~ ~ " :'", . . .-.., .. ~ y 1" " 4 SEABOARD SYSTEM RAILROAD, INC., POLICY ON NEW PRIVATE GRADE CROSSING APPLICATIONS COST AND MAINTENANCE POLIcr Seaboard System Railroad's (Railroad) policy concerning private grade crossings is intended to reduce the hazards at existing crossings and avoid opening new ones. Each crossing creates a potentially hazardous ~nvitonment for motorists, regardless of the amount of care taken to provide clear sight area and warnings. To avoid the creation of new crossings, every effort must be made to obtain alternative access to property adjacent to the Railroad. Here convenience is not ~ufficient reason for allowing a new crossing. Parallel or other roads leading to existing crossings and access fro~ other directions shdUld first be considered. A new grade crossing will only be allowed if this is the sole alternative for access. . . COST AND MAINTENANCE GENERAL If a crossing application is granted, applicant must pro- vide approaches, drainage, sight clearance, and reimburse railroad for the cost of constructing a standard crossing from head of tie to head of tie, plUS the cost of adjusting any Railroad facilities~ such AS wire lines, to provide clearance. If'the track must be upgraded, this will be done at the applicant's expense. Annual maintenance, based upon l/lOth of the estimated cost of the crossing installation (less cost of wire line changes and track uP9rading) will be charged to the applicant, and this charge is subject to yearly adjustment based on Engineering News Record Cost Index for Heavy Construction, yearly Average, published at the end of each year. Effective date of billing for maintenanc~'~ill be the date work by Railroad forces i. completed, and maintenance is payable in advance, the first payment being made at the time the agreement ia executed. Contin~ous Railroad, Protective Insurance coverage will be required. All a9ree~ent6 will contain a future crossihg signalization clause, requiring auto~atic traffic control devices at the entire expense of applicant, including maintenance, it the need develops or it required by a governmental agency or by Seaboard System Railroad, Inc. ' . ., VEE) \ I l , . '. ~ , '- ....../ .. ~. ...~ ~,', "jr " . 'l"',l;,ft..... ,--, ~-',-----'----"'. "/" ---- SEA~RD/CHESSIE SYSTEM ~ROADS I!J. Units 01 CSX Corporation ~ '--------------,--,--------,-,-.,. - ,--- ,-,._-----'"--., r ,.# Sales & Marketing Department September 3. 1985 ."I~ ~l.\""" I ,., 1. -." Michael A. Schroeder. Esquire One Lincoln Place . Suite 301 1900 Glades Road Boca Raton. Florida 33431 RE: Proposed Public Crossing in Section 29. TOwnship 45 South. Range 43 East. Parcel 703. Boynton Beach, Palm Beach County. Florida. Dear Mr. Schroeder: This letter is being written in response to your letter dated August 27. 1985, in which you requested on behalf of your clients Bill and Elsie Winchester, the Railroad's consent and approval to the establishment of a public crossing across the Seaboard right-of-w~ and into the southern portion of your clients' above-described property. In your correspondence you fUrther indicated your clients' interest in acquiring the property now owned by the Railroad lying immediately to the north. Since our meeting with you and Mr. Winchester. I have had the opportunity to give your request regarding the public crossing and the land purchase further consideration and have the following comments with respect to same: 1. Proposed Dublic crossing across Seaboard System right-o:f-way in Parcel 703. As you know, any request for a public rail crossing must be processed through and receive the approval of the State Department of Transportation. However, I am prepared to recommend to Railroad Management that it consent to and support your proposal for the creation of the referenced public crossing provided you comply with and satisfy the folleving conditions: Post Office Box 991, Tampa. FlorIda 336011(813) 621-"1621 ,'>: ;,..<;;,':~~,~,~~~~~;~~:~i:':..:::,., .,:,',., :>:<f( .. . ......: .~.: ."", ....., .-- ,........ -,- ;:,.. .....' . , , '-~ .., Page 2 Michael A. Schroeder, Esquire September 3, 1985 (a) Your clients must agree to pay for all crossing protections as may be required by the State Department of Transportation and/or by the Railroad Management; (b) Your clients mus't agree 'to pay for the cost of the crossing and costs incurred in realigning or adjusting the elevation of the existing 'tracks as may be required in conjunction therewith; (c) The City 01: Boynton Beach must agree to accept responsibility for maintenance 01: the nev crossing as well as ownership and maintenance ot any interior roads that ~ developt (d) The crossing must in all respects be constructed to meet the engineering requirements established by the Railroad; (e) Approval must be received 1:rom the State Department of Transportation for the closing 01: the existing crossing located at Ocean Avenue; (f) The Winchesters must provide access for all property ovners. and their assigns. presently located between Seaboard's main track and I-95 who presently use the Ocean Avenue crossin~ as ingress and egress, including Seaboard s,ystem Railroad; (g) The Winchesters must agree to meet such other reasonable requirements as the Railroad may impose; (h) The proposed crossing vill be located roughly between where Southeast 11th Avenue and Southeast Uth Avenue abut the railroad right-01:-way, it being understood that the final location will be sUbJ ect to the consent of the Railroad Engineering Department and Department of Transportation. 2. Proposed acquisition of property by Winchester from Railroad. Your client has indicated a desire to purchase the remaining property ovned by the Railroad lying north of the Winchester property and south of Boynton Beach Boulevard, along with several small 1;.r~cts QJ'-PJ"OllJ:rty located west of our mainline north of W.Q.o.lbright. _Road: I emnandJ.Urg for t-mnagemerl'''t''''-s-app.rov8J. sale of this property to your client. with sales price to be based on a M.A.I. appraisal. I will recommend that this subject sale be continguent upon your client obtaining approval for the newly proposed crossing. . ..- ,,1,. -- - I, - J ; , .... .. ......~ , ... ,tr" "........, ~ , ~ '-' '- Page 3 M1chae~ A. Schroeder, Esquire September 3. 1985 As you are aware , it is the general policy ot Seaboard System. Railroad to decline request tor new public road crossings tor liabi~ity reasons. Our Management will only consider your request tor a new crossing provided that the stip~at1ons contained above are adhered to. It I ~ be ot further assistance. please teel tree to call. Sincerely yours. &~~~~ District Industrial Manager Cys: Mr. J. T. Alderson, Jr. Asst. General Solicitor Seaboard System Railroad Jacksonville, FL Mr. Martin Perry. Suite 302 50~ South F~agler Drive West Palm Beach, FL 3340~ 1'"e~ ~ '. ....~.~....4.. .'. ," ~ ~. . .j "Y ~~~..t. ~~\I .' / i / / .'..,... ...;..,.-...l -- - ., ......., ~ .. -.r" . . ~- NOTICE OF PUBLIC HEARINGS OF THE PLANNING AND ZONING BOARD ANQ CITY COUNCIL OF THE CITY OF BOYNTON BEACH .-" ~~e enclosed legal ad is furnished you in accordance with Section 9C3 'of"'Appendix A - ~~~ing Regulations of the'Boynton Beach Code of - - Ordinances. You may attend the meetings personally, by attorney or agent, or you may file a written statement prior to subject hearings. If further information is desired, please call 734-8111, Extension 255, City Planner's Office. . / , BETTY S. BORONI, CITY CLERK CITY OF BOYNTON BEACH, FLORIDA May 12, 1986 APPLICANT: It is necessary for you or your representative to be present at these meetings in order for your petition to be considered. 'r . .. ., ..,. """" ....-:: .' NOT~" OF' LAN'O' USE' ~ANGE NOTICE: OF! ZONING CHANGE: NOTICE OF: 'COMPREHENSIVE' PLAN TEXT AMENDMENT ,'- j'" o 400 100 1000 feet m ,I, , I .. , APPLICATION NO.1 APPLICANT: Tradewinds Development Corporation. AGENT: Kieran J. Kilday OWNER: First Baptist Church of Boynton Beach; Estates of N.R, Field and Janet Knox Field; Jonathan 1. Kislak and Sol. C. Shay, Trustees; and the Seaboard System Railroad, In~. ' " PROJECT NAME: The Shops of Woolbright PCD PROPOSED USE: Planned commercial development consisting of.2l1,OOO square feet, including 173,000 square feet of retail floor space and 38,000 square feet of office floor space, on a 28.85 acre parce 1- LOCATION: Northwest corner of Woolbright Road and Interstate 95, between the Lake Worth Drainage District E-4 Canal and the Seaboard System Railroad tracks. REQUEST: AMEND THE FUTURE LJl.ND USE ELEMENT CONTAINED IN THE COMPREHENSIVE PLAN From - Moderate Density Residential and High Density Residential To - Local Retail Commercial REZONE From - C-2 Neighborhood Commercial, R-IA Single Family Residential, and R-3 Multiple Family Residential To - PCD Planned Commercial Development ~ APPLICATION NO. 2 ~ ~ ," " . :; APPLICANT: Elsie Winchester AGENT: Enrico Rossi 1I.FFECTED P~OP~~TY OWNERS: Seaboard system Railroad, Inc.; BulldogIndus~ies. Inc. Four stee~ Corp,; Puentes Jacinto, L&M r-rartin, , Paul D. De Grugillier, et al.; Elsie Winchester', ct al.; sol C. Shaye and Jonathan I. Kislak, trustees; and First Baptist Church of Boynton Beach, Florida, Inc. PROJECT N~tE: winchester Property Railroad Crossing PR.OPOSED USE: collector road and railroad crossing far same, which would provide access to approximately 23 acres of industrial property lying between the Seaboard System Railroad tracks and Interstate 95, between Boynton Beach Boulevard 'and 'woolbright Road. , LOCATION: Railroad crossing to be added - S.W,' 11th Avenue at the Seaboard System Railroad tracks, approximately 1,200 feet north of WOOlbright Road, and 3,400 feet south of the existing railroad crossing at West Ocean Drive and the Seaboard System Railroad tracks. Access road - Through Lake Boynton Estates Plat No.3, between the ,above-referenced proposed railroad crossing"and the northward extension of the existing BO-foot wide public right-of-way lying approximatelY 400 feat east of the intersection of the Lake Worth Drainage District E-4 Canal and WOOlbright Road. "REQUEST: -Railroad crossing to be deleted - West Ocean Drive at the Seaboard = System Rail.J:.oad. tracks. Amendment to the Traffic and Circulation Element of the Comprehensive Plan to include, as a Plan Recommendation, that a railroad cros~ing be provided at the above-referenced location, and that tlle existing railroad crossing at West Ocean Drive and the Seaboard System Railroad tracks be removed. Also, routing of ~ collector road through Lake Boynton Estates Plat No.3 to provide. for connection onto Woolbright Road. All interested parties are potified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the planning , Zoning Board or City council w~th respect to any matter considered at these meetings will need a record of the proceedings and for such purpose, may need to ensure that a verbatim record of the proceedings is m~de, which record includes the testimony and evidence upon which the appeal is to be based. ~..:;. ,..' " ....~....'.. I e'" " . \, S. BORONI, CITY CLERK OF B0YNTON BE1I.CH, FLORIDA PUBLISH: PAlM BEACH POST JIII.ay 28, 1986 JWle 5, 1986 June 27, 1986 lW' ...., ----- MOTORIST DESIGN DATA MOVEMENT, INC. Trafflcnransportatlon Engineering Con$ultants June 21, 1990 David J. Levy Tradewinds Group Congress Corporate Plaza 902 Clint Moore Road, Suite 124 Boca Raton, Florida 33487 RE: Industrial Access Corridor of Woolbright PCD/PUD Dear Dave: In undertaking my traffic analysis on the subject development the primary concern related to the Industrial Access Corridor was to have a part of the Woolbright development set aside to assure access to the Ml property should it ever be developed. My concerns from a Traffic Engineering aspects were that if a road were to be developed, that it be a functional road that accommodated the needs of active traffic. If the Ml property was generating trips and there was an approved railroad crossing, then the Industrial Access Corridor from SW 8th Street to the Ml property should be a paved two lane roadway. However, with- out all the above occurring the Industrial Access Corridor should Just be paved from SW 8th Street to a point transitioning into the driveway access serving the Shop pes of Woolbright. It was never my intention to recommend that the Industrial Access Corridor be a paved roadway from SW 8th Street to the railroad track unless there was actual traffic being generated from the Ml property east of the railroad track. Please' advise if you have any further questions concerning the traffic issues on the Industrial Access. ..... ... .. d ., ." .....-.......... ~ARK IV Building · 7491 N "'-/, 4th Street. Plantation., Florida 33317. (305) 791.6022. (407) 391.6336. Fax' (305) 791-9533 ",.. ) ~.,..i.. k1lnrl nfJri.-l~ 32<.l53 . (407) 459-2905 . Fax II 407' 459.?01? -- -- ~ ,"" .... .". eo.s lIIlUl'I1IUIZ Q()W.IW)A .. FLORIDA - - - - - - '- - - '- - DEPARTMENT OF TRANSPORTATIOr 60' ~er: SCreer. TII1IaI1usce. MorkIa 32399-04110 11M 0. WATI'S lIIICUTAIlY . June 21, 1990 Mr. David Levy Trade~ds Group 902 Clint Moore Road suit 24 Boca Raton, Florida 33487 Dear David, Enclosed is a copy of the Southeast Florida Rail Corridor's approved crossing pOlicy, per your June 19, 1990, request. The intent of the policy is to llinit corridor crossings. As 1 mentioned to you on that date, the Florida Department of Transportation would nQt consider selling any of this corridor's property. The Department cons1ders all of the corridor to have a future transportation potential, and as such, none of the property is considered surplus or is for sale. If 1 can assist you further, please contact me. -~~~~- Scott Allbritton Rail Corridor Management (904) 488-4001 " ' '.. DSA/sa /' ~ """'" .....- -... ~' -~ ~.... .. IM)O PIAIlT1rt1:Z 001ll:MOll ~ DEPARTMENT - - '- - - "- - CiO~ 5u_nnee Strel:L Tallolhasxe. I'IorkIa 3'U9!HJ4~. Telephone (904) 48tH!341 OF TRANSPORTATION 'flen c. Watts Interim Secretary. POLICY STATEMENT Effective: Topic No.: Reference: September 20, 1989 000-725-002-a F.S. 337.25 F.S. 337.26 F.S. 337.401 F.S. 341.301, 302, 303 , , j scxmmAST FLORIDA RAIL a:mmx:R HIGHWAY GRADE ffiC6SIro POLICY '!be Department purchased the Southeast Florida Rail Corridor on 14ay 11, 1988 for $264 million. The corridor is an eleven hundred acre, 8l-mile long corridor which includes: an operating area approximately one hundred feet wide; one hundred out-parcels of land adjacent to the operating area suitable for developnent; eighty-three buildings of which many can be leased; and railroad tracks" signals, bridges, sidetracks and other operating facilities. Additional components of the corridor include over 20 miles of branchline and spur rights of way at a nominal "lidth of 50 ft. which include a branch and station sites in the Miami CBD, yard facilities, industrial sites, and other miscellaneous holdings which were conveyed to . . the Department. ' '.. ,::.-:.. ,,~ '!be present transportation demands in Florida's southeast region, and in the north-south corridors between Miat:ni and West Palm Beach in particular, exceed the available transportation supply. '!be DePartment is ccmnitted to providing enhanced transportation facilities and services in this region of the State. The Department presently owns the Southeast Florida Rail Corridor, and, therefore, is incumbent upon the agency to protect its inv~stment by limiting the number of public, at-qrade ~ighway crossings. I Effecti ve the date of this policy" the establistunent of ne\o1. at-grade crossings of the Southeast Florida Rail Corridor is rohibited. ' ~cificall excepted from this policy are. c os ~ate~:Jj ~We~ nee. n a MY further exceptions wlii'1X; through formal pollCY amen nent. ~ \ ~a!t Ben G. watts, P.E. Interim Secretary - ~Ay~~~(~ ~~ ENGINEERING DEPARTMENT MEMORANDUM NO, 90-175 To: J. Scott Miller City Manager June , 'j ..t.."';, 1990 From: Vincent A. Finizio Administrative Coordinator of Engineering Re: Your City Manager 06/13/90 "Blue Memo" Authorization to Process Preliminary Plat shoppes of woolbright Plat #1 Tradewinds Group In response to the above referenced City Manager memorandum, I have re-examined the sections of the City of Boynton Beach code of Ordinances that govern preliminary plat(s) and associated construction plan submittal(s) and in my opinion the incomplete, nonconforming preliminary plat submitted by the above referenced applicant for "Shoppes of Woolbright Place Plat #1", must be resubmitted to the Technical Review Board when the plans and plat documents are in full compliance with the Subdivision and Platting Regulations. In accordance with the City's Code of Ordinances, it is not within the pervue of the Administrative Coordinator of Engineering to move noncomplying plans forward to the Planning and Zoning Board nor to grant relief from required subdivision improvement (s) sections listed within said regulations, but rather it is the duty of the Planning & zoning Board in conjunction with the City Commission to rule upon such matters; additionally benefi ting from associated public hearings relative to subdivision variance procedures as outlined in Appendix "C". It should be noted that the Technical Review Board voted to reject the ~ncomplete, nonconfornming submittal nine (9) to zero (0) during their regular June 5, 1990 meeting. I have attached for your review Engineering Department documents which indicate deviations from the codes in excess of those issues surrounding the Industrial Access Roadway listed in your "Elue Memo". Copies of the technical comments generated by the other members of the Technical Review Board merit your review and consideration. The applicants preliminary plat and construction plan submittal is herein delivered to your office for your final disposition. Respectfully submitted, ~, ~ j.......... o--d-,A ~...--- Vincent A. Finizio 'RECEIVED cc: Engfiles , i : ~ .. JUN i 1 1990 I pLANNING DEPT. /"'" (fro ~.~.- ~ . ~~, ~. ~ ..-7k 7ct~ p-. - ##~ CITY MANAGER' S ORICK CITY OP BOYNTON BEACH TO: Vincent Finizio DATE 6/13/90 DEPARTMENT Engineering Department APPROPRIATE ACTION (Jg EVALUATION/RECOMMENDATION 0 FOR YOUR FILES 0 ACTION DESIRED PRIOR TO o o o FOR YOUR INFORMATION NOTE AND RETURN OTHER ... SUBJECT: Tradewinds Preliminary Plat Authorization is hereby given to you to proceed with processing the preli- minary plat as filed by Tradewinds notwithstanding the fact that the status on the construction of Industrial Access Road still needs to be formally resolved. At the present time this is a dispute between Tradewinds and the City as to whether or not Tradewinds is in fact responsible for the construction of this roadway, or whether they are only responsible for pro- viding to the City an 80' road right-of-way for said road. This dispute should shortly be resolved, and further, must be so prior to final platting of said development. Your assistance in moving this preliminary plan for- ward is appreciated. Thank you. ~<+L~' J. cottMiller, City Manager JSM:cd cc: Honorable Mayor and City Commission Central File ~m Cherof, City Attorney ~Tim Cannon, Acting Planning Director RESPONSE: RECEIVED ,I, JUN 14 1990 \ PLANNING DEPT. r . , ~~'~. ?ate (Action Completed) Signature .,; -~":;,., ~ ," CITY OF BOYNTON BEACH planning Depa~~ent gf.- / ?f'I 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 FAX NUMBER (407) 738-7459 OFFICE NUMBER (407) 738-7490 FAX TRANSHITrAL COVER LETTER Date: 6 ~ /~ -- ~ d . Time: To: Fax Number Transmitting To: ?: ~-cJt, From: (including cover letter): 0- Number Remarks: EN;INEERING DEPAR'IMENI' MEMORANDUM N.o. 90-156 May 31, 1990 TO: J. Scott Miller City Manager FRCM: Vincent A. Finizio Acting Assistant to the City Engineer RE: T .R.B. Carments Woolbright Place Plat #1 Prel~inary Plat Submittal Tradewinds Group In accordance with the City of Boynton Beach, Florida, Code of .ordinances, Appendix "C", Subdivisions and Platting, the applicant for the above refer- enced project shall submit the following information, technical data and plan revisions. 1. Provide a full set of construction plans and details for the Industrial Access Roadway. Appendix "C", Article X "Design Requirements", Section 10 "Streets", page 2137, including the City of Boynton Beach-Tradewinds SettlEment Jlqreement. The construction of the Industrial Access Road and the remainder of S. W . 8th Street shall be a required Subdivision Improvement and be fully assured by the above referenced applicant with surety as approved by the City Carmission. Roadway sections shall include sidewalks and bicycle paths. Section 5Bl(a) "Required Paving, Grading & Drainage Plans". 2. Provide a street light plan for S. W . 8th Street and the Industrial Access Roadway. Provide a Florida Power & Light opinion of cost for said installation and include monies made payable to the City of Boynton Beach in an amount equal to the cost of street light installations for both roadways shown on plat docwuents. Section 5Bl (d) "Required Street Lighting Plans". 3. Provide stonnwater drainage plans for the Industrial Access Road. Section 5Bl(a) "Required Drainage Plans". 4. Provide landscaping plans for the public rights-of-way for S.W. 8th Street and Industrial Access Road including the lake site, parks and recreational areas. Section 5Bl(d) "Required Landscaping Plans". 5. Provide a Surnnary of Quantities. Section 5B2 (d) including a certified cost estimate prepared by the "Developers Engineer". Section 5B4 inclusive. 6. Provide a Master Landscape Plan for the P. U .D. Section lIB "Master Land- scape Plan Required". Include fences, well and planting screen locations, heights and materials. Section llC. 7. Indicate on plat doctmlent the 20' drainage easement located south side of lake area to the Lake Worth Drainage District canal. Appendix "C" Section 6B "Drainage Easements". 8. Provide a suitable screening in the form of a buffer at least 5 feet in height along affected plat boundary lines. Section 3 "Buffer Areas". 9 . Relocate existing concrete pole to el~inate a radical deflection of the pedestrian sidewalk shown on Sheet 7 of 19 of the S.W. 8th Street developrent plans. 10. Provide plans for the entranceways to this Subdivision in confonnance with the design requirements as set forth within Section 15B, "Subdivision Entranceways". 11. Provide finished elevations for all land within the P. U .!?J~{~~c;;::-~ with Appendix "C", Section 4 "Grading and Filling" JU~~ ,"';:) Fi~~^:,~; . , ., f..... L -- - EN3INEERIN3 DEPARIMENT MEmRANDUM NO. 90-156 con It. 12. Plat document to include the church parcel within plat boundaries. Appendix "B", Section 11. All portions of P.U.D.'s must be platted. 13. Provide surety in an arrount equal to 110% of the Engineer I s Opinion of Cost for the required improvements. Said surety must meet with the approval of the City Manager, City Attomey and the City Ccmnission. 14. Sutrnit a two (2) percent administration fee made payable to the City of Boynton Beach for adrninistrati ve and inspection services associated with the platting and construction of required improvement processes. Fee shall be based upon 100% of the cost associated with constructing all required improvements. ~A.~~ Vincent A. Finizio 0 VPF/ck cc: Timothy Cannon, Interim Director of Planning Jim Golden, Senior City Planner MEMORANDUM Utilities #90-360 TO: TimothY Cannon Interim Planninq DATE: June 6, 1990 FROM: John A, Guidry Director of Utilities SUBJECT: TRB Review - Woolbriqht Place, Plat 1 Preliminary Plat We offer the followinq comments on this pr01ect: 1. The cover sheet of the plat document should contain lanquaqe identifyinq and dedicatinq utility easements. 2. There is an existing 12" force main passing throuSfh this site. The main is in service and must remain so until a by- pass force main is installed to re-route sewage flows from the south. We will require an easement,to be described and dedicated over the main. Mr. Wantman, project engineer, has suggested this be accomplished via a separate document, and we agree with this approach. 3. The lift station shall be dedicated outright to the City as owner, not via utility easement dedication. This action prevents encroachment by other utilities. 4. The access drive to the lift station site, including the turn-around, should be designated as an ingress-egress and utility easement, or a public right-of-way. This will allow us to maintain clear access. dmt bc: Peter Mazzella xc: Mike Kazunas 4 BUILDING DEPARTMENT MEMORANDUM NO. 90-261 June 8, 1990 TO: Timothy P. Cannon, Interim Planning Director THRU: Don Jaeger, Building & Zoning Director~ FROM: Michael E. Haag, zoning & Site Development Administrator RE: PRELIMINARY PLAT - WOOLBRIGHT PLACE PLAT II Please include the following information on the plat document: 1. Show all land within the planned unit development (PUD). meh:eaf WOOLBRT1.SDD PLANNING DEPT MEMORANDUM NO. 90- 175 TO: J, Scott Miller, city Manager FROM: James J. Golden, senior city Planner DATE: June 11, 1990 SUBJECT: Industrial Access Road on Woolbright Place P.U,D. The industrial access road is shown on the ~ost recent-approved master plan for the PUD and does not indicate that the road is to be built by others. This master plan was submitted pursuant to Items 7, and 14. of the 1990 Stipulation and Settlement Agreement. A master plan is defined in Appendix C as ".. ,a drawing which shows the intended division and improvements of real property meeting the requirements of this ordinance." Article X, Sec. 10 of Appendix states "When a new subdivision adjoins unsubdivided land, then the new street, where necessary, shall be carried to the boundary of the tract proposed to be subdivided to promote reasonable development of adjacent lands and provide continuity of street systems." The 1986 stipulation and Settlement Agreement states the following: Under Item 18.B., that an industrial access road and railroad crossing will be located on the PUD and that the Ocean Drive railroad crossing shall be closed; Under Item 18,D.l., that the project shall include the provision of the "S.W. 8th Street corridor Highway Requirements, Fair share Impact Fees, and conclusions set forth on pages 25-28 inclusive of the Traffic Impact Analysis Report on the overall Woolbright Road - S.W. 8th Street projects prepared on April 1, 1986 by Daniel N: Murray, P.E. and all other applicable ordinances of the City of Boynton Beach relating to the site; Under 18.D.2., that "This stipulation and settlement shall be subject only to the conditions of the Murray-Dudeck report as described herein, and all other applicable ordinances of the City for development of the site." The Murray-Dudeck report includes the construction of the industrial access road, however, whether this road is part of the "overall Woolbright Road S.W. 8th Street Projects" is unclear. The 1990 Stipulation and Settlement Agreement states, under Item 16: "The city agrees that off-site traffic improvements shall be constructed and bonded by the developer which shall be as specified in the Barton-Aschman Associates, Inc. Traffic report dated January 23, 1990, a copy of which is attached hereto as Exhibit "B" and made a part hereof. The city also hereby agrees that Exhibit "BI' is hereby substituted for and replaces all other traffic reports previously submitted by Tradewinds." The Barton-Aschman Report neither specifies that the industrial access road will be built or will not be built. The report only 1 specifies that a driveway onto S.W. 8th street will be provided (Driveway "E") for the industrial access road. The industrial access road is shown on a site plan which is included in the Barton-Aschman report. Traffic impact statements generally do not address internal circulation within subdivisions or connections to adjacent properties, however, and generally include only improvements to thoroughfares and intersections with thoroughfares. Also, the Barton-Aschman report does not specify how access to the M-l zoned properties will be provided, after the Ocean Avenue crossing is closed as required by Item 18.B. of the 1986 stipulation and Settlement Agreement. ) i~ t,. /~~ (; fl Jl:imes J. Golden cc: Timothy Cannon Vince Finizio 2 PLANNING DEPT MEMORANDUM NO. 90- 175 TO: J. Scott Miller, city Manager FROM: James J. Golden, Senior city Planner DATE: June 11, 1990 SUBJECT: Industrial Access Road on Woolbright Place P.U.D. The industrial access road is shown on the most recent-approved master plan for the PUD and does not indicate that the road is to be built by others. This master plan was submitted pursuant to Items 7, and 14. of the 1990 Stipulation and Settlement Agreement. A master plan is defined in Appendix C as "...a drawing which shows the intended division and improvements of real property meeting the requirements of this ordinance." Article X, Sec. 10 of Appendix states "When a new subdivision adjOins unsubdivided land, then the new street, where necessary, shall be carried to the boundary of the tract proposed to be subdivided to promote reasonable development of adjacent lands and provide continuity of street systems." The 1986 stipulation and Settlement Agreement states the following: Under Item 18.B., that an industrial access road and railroad crossing will be located on the PUD and that the Ocean Drive railroad crossing shall be closed; Under Item 18.D.1., that the project shall include the provision of the "S.W. 8th Street corridor Highway Requirements, Fair Share Impact Fees, and Conclusions set forth on pages 25-28 inclusive of the Traffic Impact Analysis Report on the overall Woolbright Road - S,W. 8th street Projects prepared on April 1, 1986 by Daniel N. Murray, P.E. and all other applicable ordinances of the City of Boynton Beach relating to the site; Under 18.0.2., that "This stipulation and settlement shall be subject only to the conditions of the Murray-Dudeck report as described herein, and all other applicable ordinances of the City for development of the site." The Murray-Dudeck report includes the construction of the industrial access road, however, whether this road is part of the "overall Woolbright Road S.W. 8th street Projects" is unclear. The 1990 Stipulation and Settlement Agreement states, under Item 16: "The City agrees that off-site traffic improvements shall be constructed and bonded by the developer which shall be as specified in the Barton-Aschman Associates, Inc. Traffic report dated January 23, 1990, a copy of which is attached hereto as Exhibit "B" and made a part hereof. The City also hereby agrees that Exhibit "BII is hereby substituted for and replaces all other traffic reports previously submitted by Tradewinds." The Barton-Aschman Report neither specifies that the industrial access road will be built or will not be built. The report only 1 specifies that a driveway onto S.W. 8th street will be provided (Driveway "E") for the industrial access road. The industrial access road is shown on a site plan which is included in the Barton-Aschman report. Traffic impact statements generally do not address internal circulation within subdivisions or connections to adjacent properties, however, and generally include only improvements to thoroughfares and intersections with thoroughfares. Also, the Barton-Aschman report does not specify how access to the M-l zoned properties will be provided, after the Ocean Avenue crossing is closed as required by Item l8.B. of the 1986 Stipulation and Settlement Agreement. ~ J Il. :~ /) i. l. /~~ J~es J. ~olden cc: Timothy Cannon Vince Finizio 2 TO CITY MANAGER'S OFFICE CITY OF BOYNTON BEACH Finizio DATE 6/8/90 Planning/Engineering APPROPRIATE ACTION 0 FOR YOUR INFORMATION 0 EVALUATION/RECOMMENDATION ~ NOTE AND RETURN ~ FOR YOUR FILES 0 OTHER D ACTION DESIRED PRIOR TO SUBJECT: Industrial Road Right-of-Way Please review the attached memorandum from Michael Morton of Tradewinds Group and return to this office your comments and recommendations regarding this subject matter. Your prompt attention is greatly appreciated. Thank you. v>1d/fu/, City Manager .-----"',. JSM:cd Attachment RECI.~ IJAb . . \,.,J_" ,. p\.Jo.N N \ \' ~ f' _~ -- RESPONSE: Date (Action Completed) Signature 06/07/90 17:08 U407 241 0646 TRADEWINDS GROUP III 001 TRADb"Wl NOS GH()UP ,OZ Clint Moore Read, Suite 124 'to I ) c,;;tI h.:2 l.bv . Dcca Raton, Plor1da 33U7 [4071 ,9U-Jt33 IIDbI! ~ 7, I 'T 70 = ADDRESS t 'l'fU..RCOPY pnDNE l / - 7 "'3' i'.. '7 t/ 0-7 CONPIRMM.'ION PHOHB; .. PI\CIM: 1u-6.{"~cif Ju~.~ ~ P ~~4J J(r{uJ MAnER : 'l'O'l'AL PAGES TRANSMlftED (INCLUDING COVD. SBEft] : ..3 10 RECIPIENTs To ~~.n8mi~, oial (407) 241-0646. "'0 C!Qnfi:na O~ for any prQ~lems in rece.t."1ng, call (4Q7) 994-3133. . . c..'"OMHF.m'S : -;: '~ur epeC'&to1:' r f) i . t~~ . RECEIVED JUN 8 '1990 CITY MANAGER'S OFFICE 06/07/90 17:08 Tradewinds . Group Congrc:s:s Corporate Plaza 902 ermt Moore Road Sulte 124 eoca Raton. FL 33457 {40T} 994,3133 '!S'407 241 0646 IdJ002 TRADEWINDS GROUP June 7, 1990 City of Boynton Beach Mr. J. Scott Miller, City Manager 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Woolbright Place pen/PUD Master Plan Industrial Road Riqht-of-Way Dear Mr. Miller: I am writing thi. lQtter to follow up our telephone conver~at.ion of JunQ 6 rega.rding the abovQ ca.pt.ioned. The industrial road right-of-way was a product of the political adm.inistrat.ion i.n office during 1985 and 1986. The minutes and transcripts of the City Coun- cil meeting approving our zoning applicat~ons will $how that there was to be no indU$tri~l access road crossing the tracks. Mr. Winchester owned approximately 11 acres on the ea~t side of the railroad track and had an option to purchase an additional 11 acres t.rom the S.C.L. Railroad. peter Cheney and carmen Annunziato, along with Jim vance, overturned that decision, again tor their pol~tical motives. The tact was that Mr. Winchester's deed to the 11 acres he owned reflected that he had purchased landlocked surplus property from the Department of Transportation after the design ~as completed for the construction of I-95. We had agreed to provide an SO-foot road right-of-way at a location acceptable to the S.C.L. Railroad, which was to be no less than 200 feet north of the tangent line to the curve in their track, which is approximately where that right-of-way shows on the present plan. The agreement at that time was that Mr. Winchester, his successors or assigns, would be res~on5ible to des1Qn and construct fhat road if and when utilized. The Settlement Aqreement of Nov-ember.. 1986. a.ga.in simply states we were to include the SO-foot r~ght-of- way in our master plan. but d1d not ~all for con$truc~ tion or desi.gn., The Stipulatlild Seti:.lement. again ~tat~ that the industrial road aCCQSS would bQ on our master plan, but again no d~_i9n ~r construction wae rtaquiJ."~d. 06/07/90 17:09 t!40T 241 0646 III 003 TRADEWI~DS GROUP There is a letter in the City files from S.C.L. which states their requirements for a railroad c:ro5sinq. These requirements set forth that the City aSSUlne responsibility and carry insurance on the crossing. This is hot the case at its present location on Ocean Avenue. Other contributing facto:rs are: Mr. Winche.ter neVar did conclude the purchase of the S.C.L. proparty en the east sids of the track; S_C.L. sold thQir lands back to ~he DQpar~mGnt of Tran.portation for the high-speed rail .y.t~/~ri-Rail system. It was shown that w1th an Qa.ement from the D.Q.T. through their property, th~ Winche~ter tract could be accessed from Ocean Avenue. While not as convenient as the 1ndustrial road, the ac- cess was quite suitable for development. Tradewinds Development has never agreeO to and is in no way responsible for the des~gn and construction of sa1d road unless it so chooses for its awn purpose. we have set the aO-foot right-of-way up as a landscaped butter area between the F.e.D. and the P.U.D. The environmen- talists and 'the C.1t.y Forester agree that this is a positive feature, but we suggest that thLs right-of-way may be totally abandoned to all future use. Vincent Finizio has incorrectly required design draw- ings for the industrial road which are not required. We will comply with his other requests, of course, .so that we can be on the next available T.R.B. agenda, The matter of the industrial road was discusssed at a meeting earlier this year between Mr. F1n1zio, Mr. Yeager, Joel Wantman, Robert Gomez, YOU and I, but somehow ~ iscussion needed to be reaffirmed. consideration. Mich..(il!l Morton MM/dob cc; F. MartLn Perry David J. Levy ENGINEERING DEPARTMENT MEMORANDUM NO. 90-171 To: J. Scott Miller city Manager June 8, 1990 From: Vincent A. Finizio Administrative Coordinator of Engineering Re: Tradewinds Group Request to Delete Industrial Access Roadway A Required Improvement - Shoppes of Woolbright Plat #1 stipulation Settlement Agreement Master Plan Modification Subdivision Variance In response to Tradewinds Group representative Mr. Morton's request for information relative to the above referenced topic, please be advised that Tradewinds Group must successfUlly complete the following procedural actions in order to legally gain relief from the Engineering Department staff comments which are based upon our Ci ty' s Code of Ordinance, Subdivision and Platting Regulations including the stipulation/Settlement Agreement between the City and Tradewinds. A. Master Plan Modification requiring modification by the planning and zoning Commission for final ruling and disposition. the review Board and of the said City B. Subdivision and platting variance seeking relief from the city of Boynton Beach, Florida, Code of Ordinance, Appendix "C", Article X, section 10, "Streets", Section 11, "Street Lighting" and Section 12, "Bicycle and Pedestrian Paths". Variance procedures for the aforementioned sections shall ~e followed in strict compliance with Appendix "C", Subdivision and platting, Article XVI, Section 1. "Administration of Variances" inclusive. Article XVI, Section 1, requires the Developer to submit to the Office of the City Engineer a written formal request seeking variance relief in accordance with Section lA (1)(2)(3)(4) and Section IB (1)(2) (3) which additionally requires Technical Review Board review, recommendations and a publiC hearing on the proposed variance before' the city Commission. section lC and.lD of Article XVI also apply to the proposed request for deletion of said roadway. C. Revision to the Court ordered "Stipulation and Settlement Agreement" between the City and Tradewinds, by the City Commission. RECEIVED cc: Timothy Cannon, Interim Director of planningv' James Cherof, City Attorn~y . Tradewinds Group JUN81990 PLANNING DEPT. . . , I CITY of BOYNTON BEACH @,.....Mailing:postOfficeBoX310 I'~';;;~" Boynton Beach, FI 33425~0310 . ~ ! Telephone: (407) 738-7487 . 100 E. Boynton Beach Blvd. Boynton Beach, FI 33435 OFFICE OF THE CITY ENGINEER Mr. Michael Morton Tradewinds Development corporation 902 Clint Moore Road, Suite #124 Boca Raton, Florida 33487 June 8, 1990 Re: Industrial Access Road - Required Improvement Shoppes of Woolbright Plat #1 Dear Mr. Morton: Pursuant to your most recent request relative to the delet~on of the above referenced roadway, please find the attached Engineering Department Memorandum No. 90-171, transmitted to J. Scott Miller, city Manager explaining the procedures that must be followed by your organization, in order to gain relief from the city of Boynton Beach, Florida Code of Ordinances and the Stipulation Settlement Agreement between the City and Tradewinds, by the ~ity Commission in conjunction with the City Attorney. Should you have any additional questions regarding Technical Review Board staff comments, please contact me at the following telephone number: (407) 738-7488. Thank you. Very truly yours, Vincent Anthony Fin' Administrative Coor Engineering cc: J. Scott Miller, City Manager James Cherof, City Attorney Central Files , , ._._._._---~~-_."- --.-.--.----.-,-----.-.- --- -. .__.---'_...__.._~----------~-_.