LEGAL APPROVAL
RESOLUTION NO. R97-~b
r
A RESOLUTION OF THE CITY COM~.uSSI
CITY OF BOYNTON BEAC~LORIDA, APPR
FINAL PLAT F~Ak...KE~ PUD, ALSO
THE FORM ANlr~NTENT OF THE DECLA
RESTRICTIONS FOR CRYSTAL KEY PUD
MAINTENANCE AGREEMENT, WHICH DOCUMENTS
ATTACHED HERETO AS COMPOSITE EXHIBIT llAll;
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Commission of the City of Boynton Beach,
Florida, upon recommendation of staff, does hereby accept the Final
Plat for Crystal Key PUD, and also approves the form and content of
the Declaration of Restrictions for Crystal Key PUD and the
Maintenance Agreement, which documents are attached hereto as
composite Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE i
I CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach,
Florida, does hereby approve the Final Plat for Crystal Key PUD,
and also approves the form and content of the Declaration of
Restrictions for Crystal Key PUD and the Maintenance Agreement,
which documents are attached hereto as composite Exhibit "A".
Section 2. That this Resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED this
'7
---
day of '-I'AN'~,u9~Y , 1997.
I
II
I
I ATTEST:
~,CL/ #'/Y-*-;C-/c'W/./l/ ~
City Clerk -
M
~
(Corporate Seal)
Final Plat 12/26/97
CRYSTAL KEY PUD
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,;-) Ii l )}. - nl"r RESOLU'IIO~ NO. R9"i-../J ';\0} ~ @
, . I v-1 L.J.-A.Y- ~~ \ \ .
, ',;lr""L_4'vf ,- A RESOLUTION OF T'HE CITY COM..lV1ISSION \bf\ THE
i ~' ~1t"{~I'" () CITY OF BOYN'I'ON BEACH, FLORIDA, ALJTE~ :NG
L ,I ACCEPTANCE OF THE APPROVED LETTER O? \ CR DIT
:: UNB-5372 IN THE J..MOL'"N'I OF $40,522.90 IS$UE B':tP}~~i;!~%f~~~
UNITED NATIONAL BANK IN REGARD TO LAND~Q.PTl\lC:"""'"
IMPROVEMENTS IN THE _SW 8TH STREET RIGHT OF
WAY; AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, a Letter of Credit No. UNB-5372 in the amount of
$40,522.90 has been issued ~y United National Bank as surety for
the completion of the S~\ 8 th Street :l.andscaping improvements.
WHEREAS, the City Commission of the City of Boynton Beach,
Florida, upon recommendation of staff, hereby authorizes the
acceptance of the approved Letter of Credit No. UNB-5372.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. Th.e City Commission of the Ci,:y of Boynton Beach,
Florida, hereby authorizes acceptance of the approved Letter of
i Credit No. UNB-5372 in the amount of $40,522.90 issued by United
. National Bank as surety that the SW 8th Street landscaping
improvements will be completed as stipulated in the Development
Order of September 4, 1996.
Section 2. That this Resolution shall become effective
immediately upon passage.
I
i
PASSED AND ADOPTED this /~
day 0 f ~~C!h'
, 1997.
"
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ATTEST:
:~~~~
! Ci y Clerk
!
(Corporate Seal)
I Acceptance of Surety
SW 8TH STREET LANDSCAPING IMPROVEMENTS
UKlbll'JAL
. /(91-~
~
United National Bank
1399 S,W. FIRST AVENUE, MIAMI, FLORIDA 33130
FAX; (305) 374-5571 TEL: (305) 539-8812
DATE: FEBRUARY 14,1997
CITY OF BOYNTON BEACH
120 NORTH SECOND AVENUE,
BOYNTON BEACH, FL 33435
IRREVOCABLE STAND-BY LETTER OF CREDIT NO. UNB-5372
GENTLEMEN:
BY ORDER OF HOWARD SCHARLlN, TRUSTEE, WE HEREBY OPEN OUR CLEAN IRREVOCABLE STANDBY LETTER
OF CREDIT NO, UNB-5372 IN YOUR FAVOR FOR THE AMOUNT OF FORTY THOUSAND, FIVE HUNDRED TWENTY
TWO US DOLLARS AND 90/100 (US$ 40,522,90) EFFECTIVE IMMEDIATELY, AND EXPIRING AT OUR OFFICE AT THE
CLOSE OF BUSINESS ON AUGUST 7,1997,
WE ARE INFORMED THAT HOWARD SCHARLlN, TRUSTEE HAS AGREED TO THE REQUIREMENTS OF THE CITY OF
BOYNTON BEACH FOR LANDSCAPING ALONG THE S.W. 8 STREET RIGHT OF WAY RUNNING ALONG WOOLBRIGHT
PLACE P,U,D., RECORDED IN PLAT BOOK 67, PAGE 47 AND WOOLBRIGHT PLACE P.C.D. SHOP PES OF
WOOLBRIGHT, RECORDED IN PLAT BOOK 65, PAGE 137, BOTH OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA
WE FURTHER ARE INFORMED THAT THE AFOREMENTIONED IMPROVEMENTS ARE REQUIRED BY THE CITY OF
BOYNTON BEACH IN CONJUNCTION WITH THE APPROVAL OF A SUBDIVISION PLAT KNOWN AS CRYSTAL KEY,
AND THAT THE CITY COMMISSION HAS APPROVED AN ESTIMATED COST SCHEDULE UNDER THE CONTRACT IN
THE AMOUNT OF FORTY THOUSAND FIVE HUNDRED TWENTY TWO US DOLLARS AND 90/100 (US$ 40,522.90).
FUNDS UNDER THIS LETTER OF CREDIT ARE AVAILABLE TO YOU HEREUNDER NOT EXCEEDING IN THE
AGGREGATE THE AMOUNT OF THIS LETTER OF CREDIT NO. UNB-5372 ACCOMPANIED BY A STATEMENT.
PURPORTING TO BE SIGNED BY THE CITY ENGINEER OF BOYNTON BEACH. FLORIDA TO THE EFFECT THAT (A) IT
IS A CERTIFICATION BY SAID ENGINEER RELATING TO THE IMPROVEMENTS MENTIONED ABOVE; (B) HOWARD
SCHARLlN, TRUSTEE HAS DEFAULTED THE AGREEMENT FOR LANDSCAPING: (C) THE CITY OF BOYNTON
BEACH'S OBLIGATION SHALL INCLUDE BUT NOT BE LIMITED TO THE COST OF LANDSCAPING, LEGAL AND
CONTINGENT COSTS AND EXPENSES, TOGETHER WITH ANY DAMAGES, EITHER DIRECT OR CONSEQUENTIAL,
WHICH THE CITY OF BOYNTON BEACH MAY SUSTAIN ON ACCOUNT OF FAILURE OF HOWARD SCHARLlN,
TRUSTEE WILL PROMPTLY REFUND TO US /tJoN PORTION OF SUCH FUNDS DRAWN AND NOT EXPENDED IN
COMPLETION OF WORK CALLED FOR.
THIS LETTER OF CREDIT NO. UNB-5372 SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING, AND SUCH
UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPUFIED BY REFERENCE TO ANY
DOCUMENT, INSTRUMENT OR CONTRACT REFERRED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT UNB-
5372 IS REFERRED TO OR TO WHICH THIS LETTER OF CREDIT NO, UN8-5372 RELATES, AND /tJoN SUCH
REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT
OR CONTRACT.
IF.wE RECEIVE YOUR SIGHT DRAFT AND STATEMENT AS MENTIONED ABOVE HERE AT 1399 S,W. FIRST AVE"
MIAMI, FLORIDA 33130, ON OR PRIOR TO THE EXPIRATION DATE, WE WILL PROMPTLY HONOR THE SAME.
KINDLY ADDRESS ALL CORRESPONDENCE REGARDING THIS LETTER OF CREDIT NO. UNB-5372 TO THE
ATTENTION OF INTERNATIONAL DEPARTMENT MENTIONING SPECIFICALLY OUR LETTER OF CREDIT NO. UN8-
5372.
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS ( 1993
REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500,
/r~ rL r
~~ cAPRit:ts
OPERATIONS OFFICER
INTERNATIONAL BANKING DIVISION
IL FORMENT
ASSIS ANT VICE PRESIDENT AND MANAGER
INTERNATIONAL BANKING DIVISION
United National Bank
Commer::llllDan DMaIon
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FECEI\! . "
FEB 2 6 \937
AOM:NlS';AAnoi' ~ k~", ;'A~.;.
February 26, 1997
City Attorney's Office
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Attention:
Michael pawelczyk, Esq.
Assistant City Attorney
Re: $40,522.90 letter of credit #UNB5372 issued in favor of
CITY OP BOYNTON BBaCK for the account of EO~RD R. SCBAaLIN,
TRUSn. (the .. Credi t II )
Gentlemen:
This will confirm that, in the event there is need to serve process
on United National Bank with respect to the Credit, service may be
effected by service upon any vice-presic1ent of the bank at its
offices at 1399 S. W. First Avenue, Miami, Florida 33130.
Katcher, ~~
nt
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1388 llculhwIat Flr8l Awnue, "'.ml. PloIIda 33130,<4388 .llll6J368-4334 . Fax 3O&'3l!l1.11320
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\ L PLANNING AND
ZONING DEPT.
CITY OF BOYNTON BEACH
MEMORANDUM
TO:
AI Newbold, Acting Director of Development
Ken Hall, Eng. Plans Check Inspector
. 'j / /)
/ l{',,/T
/
FROM:
Michael J. Pawelczyk, Assistant City Attorney
RE:
Corrected Crystal Key HOA Documents
DATE:
March 11, 1997
This is in response to Department of Development, Engineering Division Memorandum No. 97-
034. The Homeowners Documents for Crystal Key are acceptable to this office, as all requested
changes have been made, Please make sure that the revised pages 24 and 41 are placed in the
HOA Documents that are to be recorded,
MJP/aa
wpldevelopmentlctystal1<ey\haD memo
cc: Mike Haag, Planning and Zoning ~
CITY OF BOYNTON BEACH
00 ~~ ~ :1~7~irn
MEMORANDUM
PLANNING AND
ZONING DEPT.
TO:
Ken Hall, Engineering Plans Chk/Insp.
~JA-?O
Michael J. Pawelczyk, Assistant City Attorney / 'VI
FROM:
RE:
Crystal Key P,O.A. Documents
DATE:
March 3, 1997
This is in response to Engineering Memorandum #97-028, On December 12, 1996, I sent the
attached memorandum to you indicating certain changes that must be made prior to this office
approving the P,O.A. Documents. These changes were minor in nature, After reviewing the
"corrected documents," I have found that the requested changes to Section 6.13 and Section
13.2.2 of the Declaration, as referenced in my memo of December 12, 1996, have not been made.
Accordingly, until these changes, or acceptable alternative changes, are made I will not approve
these documents. Should you have any questions, please contact me.
Encl.
MJP/aa
wpldeve10pmentlctystal keylpoa do<:uments
cc: AI Newbold, Acting Director of Development
Mike Haag, Planning Coordinator
,-
...
CITY OF BOYNTON BEACH
MEMORANDUM
TO:
Ken Hall, Eng. Plans Check/lnspector
Michael 1. Pawelczyk, Assistant City Attorney'7Y9r
FROM:
RE:
Woolbright Place Plat Two
Review of Bylaws, Articles of Incorporation and Declaration
DATE:
December .12, 1996
I have reviewed Engineering Memo #96-344 and the attached Bylaws, Articles of Incorporation
and Declaration for Woolbright Place 2, and offer the following suggestions:
The Bylaws and the Articles of Incorporation are acceptable as to form.
With respect to the Declaration, assuming your office has checked the legal description, the
Declaration will be acceptable as to form once the following changes are made:
Section 4.8, "Continual Maintenance" on p.14 of the Declaration should state that
"In no event shall the County or the City of Boynton Beach be obligated to
accept... but the County or City may accept such a dedication and any such
acceptance must be made by formal resolution of the then empowered Board of
County Conunissioners or Boynton Beach City Commission. "
Section 4.9, "Plat" on p.14 should protect the City's interests as well as the
County's with respect to any platting or replatting of the Property.
Section 6.13, "Exempt Property" on p.23 should add "Any portion of property
dedicated to the City" as exempt from the payment of all Assessments.
A sentence should be added to Section 13.2.2 on page 40 stating, "In no event
shall the Declaration be altered so as to require the City of Boynton Beach to
maintain, repair, or be responsible for any portion of the Property, other than those
provisions in the Declaration at inception."
Once these changes have been made, please forward a final version of the Declaration to me for
my review and files. Thank you.
cc: Bill Hukill, Director of Development
MIP/u
wp'IdeJ>ll'dMwoolbrt.2.1
ENGINEERING MEMO # 96-344
n w ~ ~!flJ1
0Ec , 2 1996 @/
DATE: December 12, 1996
TO: MICHAEL PAWELCZYK, ASST, CITY ATTORNEY
FROM: KEN HALL, ENG. PLANS CHK/INSP. ~
SUBJECT: HOMEOWNER'S DOCUMENTS FOR CRYSTAL KEY DEVELOPMENT
(WOOLBRIGHT PLACE PLAT TWO)
HERE IS THE DECLARATION OF COVENANTS AND THE CORRECT BY-LAWS FOR
YOUR REVIEW AND APPROVAL. ATTORNEY PLATT SENT US THE WRONG
PACKAGE. OUR APOLOGIES FOR NOT NOTICING THE MISTAKE, I AM
REQUESTING A MORE LEGIBLE COPY OF THEIR EXHIBIT "A" FOR THE REVIEW,
THANKS.
KRH
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C: William Hukill, Dev. Dir, and to file
Mike Haag, Plan. Coord, *
Kevin Hallihan, City Forester*
06~
*with documents
- .':.,;.' ~-&- a1tiIchment: exhibit "A" (attorney's office only)
crystkey.hoa
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TO:
..
FROM:
~ '~~~'-...C. MEMORANDUM~
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Ken Hall, Eng. Plans Check/lnspector ./l(
Michael J. Pawe1czyk, Assistant City Attorney!'} ~
-cr. ~~ rL~hf~ \\ -'? 00' ua H In :~'
DEe I 3 1996 ~ I J;
CITY OF BOYNTON BEACH L:
ENGINEERING
rn
DEe , 3 1996
rn
RE:
Woolbright Place Plat Two
Review of Bylaws, Articles of Incorporation and Declaration !
PLANNING AND
ZONING OEPT.
DATE:
December 12, 1996
I have reviewed Engineering Memo #96-344 and the attached Bylaws, Articles of Incorporation
and Declaration for Woolbright Place 2, and offer the following suggestions:
The Bylaws and the Articles of Incorporation are acceptable as to form.
With respect to the Declaration, assuming your office has checked the legal description, the
Declaration will be acceptable as to form once the following changes are made:
Section 4.8, "Continual Maintenance" on p.14 of the Declaration should state that
"In no event shall the County or the City of Boynton Beach be obligated to
accept...but the County or City may accept such a dedication and any such
acceptance must be made by formal resolution of the then empowered Board of
County Commissioners or Boynton Beach City Commission. "
Section 4,9, "Plat" on p.14 should protect the City's interests as well as the
County's with respect to any platting or replatting of the Property.
Section 6.13, "Exempt Property" on p.23 should add "Any portion of property
dedicated to the City" as exempt from the payment of all Assessments.
A sentence should be added to Section 13.2.2 on page 40 stating, "In no event
shall the Declaration be altered so as to require the City of Boynton Beach to
maintain, repair, or be responsible for any portion of the Property, other than those
provisions in the Declaration at inception,"
Once these changes have been made, please forward a final version of the Declaration to me for
my review and files. Thank you.
cc:
Bill Hukill, Director of Development
(~~~~'
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APPLICANT: WOOLBRIGHT PLACE JOINT VENTURE
APPLICANT'S AGENT: CCL CONSULTANTS. INC,
APPLICATION NO.: N/A
DATE OF APPLICATION: DECEMBER 9.1996
DATE OF HEARING BEFORE CITY COMMISSION: JANUARY 7.1997
TYPE OF RELIEF SOUGHT: FINAL PLAT APPROVAL - CRYSTAL KEY PUD
LEGAL DESCRIPTION: SEE ExmBIT "A" ATIACHED HERETO.
DRA WINGS(S): SEE ExmBIT "B" ATIACHED HERETO.
TillS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida
on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and
heard testimony from the applicant, members of city administrative staff and the public finds as follows:
DATED:
KY7-~8
~
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Di. _JARTMENT OF DEVE_DPMENT ~4r/
~/~..:.
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLO
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~ - 8 1997
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NING AND
ING DEPT.
1.
Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
The Applicant / HAS HAS NOT
established by substantial competent evidence a basis for the relief requested.
2.
3.
The conditions for development requested by the Applicant, administrative staff, or suggested by
the public and supported by substantial competent evidence are as set forth on ExhibitUC" with the
notation "Included." /
The Applicant's application for relief is hereby GRANTED subject to the conditions
referenced in paragraph 3 hereof. DENIED
4.
5,
This Order shall take effect immediately upon issuance by the City Clerk.
6,
All further development on the property shall be made in accordance with the terms and conditions
of this order.
7.
Other:
/ - 7" 9'
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City'Clerk .
A DM:INISTRA TIVE CONDITIONS
Project name: CRYSTAL KEY PUD
Type of Development Order (Master Plan, Site Plan or Plat) FINAL PLAT
Drawing reference: NI A
DEP ARTMENTS INCLUDE REJECT
A. DEVELOPMENT
AB BUILDING DIVISION
Comments: None
AE ENGINEERING DIVISION
Comments:
1. The final Plat of Crystal Key PUD can be recorded only /
after surety in form and amount acceptable to the City /
Attorney is deposited with the City,
2. The Final Plat of Crystal Key PUD can be received only
after a completed rectified Master Plan is acceptable to
all TRC Members, /
3, The Final Plat of Crystal Key PUD can be recorded only
after the P.O,A, documents are approved by the City
Attorney and the Planning & Zoning Department.
B, FIRE Comments: None
C. PARKS & RECREATION
PP PARKS
Comments: None
PF FORESTER/ENVIRONMENTALIST
Comments: None
D. PLANNING & ZONING Comments:
4, The Final Plat of Crystal Key PUD can be recorded only V
after the 20 Foot setback around Tract C and the 40 foot
setback around Tract B are added to the Plat.
5, The Final Plat of Crystal Key PUD can be recorded only /
after the conditions of previous approvals are approved
by the Planning & Zoning Department including, but not
limited to, all conditions of the September 4, 1996
Development Order of the City Commission for
Woolbright Place PUD, a 14.05 acre parcel located on
the east side ofSW 8th Street, and approximately 2250
feet north of Woolbright Road.
,
E. POLICE Comment~ -- None
F. PUBLIC WORKS Comments: None
G, UTILITIES: Comments: None
A:\CRysfAL. WPD
APPLICANT:
APPLICANTS AGENT: CCL CONSULTANTS. INC,
APPLICATION NO.: N/A
DATE OF APPLICATION: DECEMBER 9.1996
DATE OF HEARING BEFORE CITY CO~SSION: JANUARY 7. 1997
TYPE OF RELIEF SOUGHT: FINAL PLAT APPROVAL - CRYSTAL KEY PUD
LEGAL DESCRIPTION: SEE ExmBIT "A" ATTACHED HERETO.
DRAWINGS(S): SEE ExmBIT "B" ATTACHED HERETO.
THIS MA TIER came on to be heard before the City Commission of the City of Boynton Beach, Florida
on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and
heard testimony from the applicant, members of city administrative staff and the public finds as follows:
DATED:
i. ;, ,.,-. ~'I,,, I CfJ/ 17
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Jh.c' ARTMENT OF DE\ .ELOPMENT
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLO
1.
Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
The Applicant / HAS HAS NOT
established by substantial competent evidence a basis for the relief requested.
2.
3.
The conditions for development requested by the Applicant, administrative staff, or suggested by
the public and supported by substantial competent evidence are as set forth on Exhibit, "C" with the
notation "Included." /
The Applicant's application for relief is hereby GRANTED subject to the conditions
referenced in paragraph 3 hereof. DENIED
4.
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms and conditions
of this order.
7.
Other:
/- 7"'97
~~~~~.~/~
City'Clerk .
A OMINISTRA TIVE CONDITIONS -
r
Project name: CRYSTAL KEY PUD
. ,
Type of Development Order (Master Plan, Site Plan or Plat) FINAL PLAT
Drawing reference: Nt A
DEPARTMENTS INCLUDE REJECT
A. DEVELOPMENT
AB BUILDING DIVISION
Comments: None
AE ENGINEERING DIVISION
Comments:
1. The final Plat of Crystal Key PUD can be recorded only /
after surety in form and amount acceptable to the City /
Attorney is deposited with the City.
2. The Final Plat of Crystal Key PUD can be received only
after a completed rectified Master Plan is acceptable to
all TRC Members. /
3. The Final Plat of Crystal Key PUD can be recorded only
after the P.O.A, documents are approved by the City
Attorney and the Planning & Zoning Department.
B. FIRE Comments: None
C. PARKS & RECREATION
PP PARKS
Comments: None
PF FORESTER/ENVIRONMENTALIST
Comments: None
D. PLANNING & ZONING Comments:
..t4) The Final Plat of Crystal Key PUD can be recorded only V
Ji/!+ / .-/ - after the 20 Foot setback around Tract C and the 40 foot
t~!q setback around Tract B are added to the Plat.
5. The Final Plat of Crystal Key PUD can be recorded only /
after the conditions of previous approvals are approved
by the Planning & Zoning Department including, but not
.. limited to, all conditions of the September 4, 1996
Development Order of the City Commission for
Woolbright Place PUD, a 14.05 acre parcel located on
the east side ofSW 8th Street, and approximately 2250
feet north of Woolbright Road.
,
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ORDER OF THE
PLANNING AND DEVELOPMENT BOARD OF THE
CITY OF BOYNTON BEACH, FLORIDA
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PLANNING AND
ZONING DEPl
APPLICANT: WOOLBRIGHT PLACE PUD
APPLICANTS AGENT: Michael Morton,
DATE OF HEARING BEFORE p & D BOARD:
9/10/96
TYPE OF RELIEF SOUGHT: Reauest for Master Plan Modification
LOCATION OF PROPERTY: Woolbriaht Place PUD. a 14.05 acre Darcel which is
located on the east side of Southwest 8th Street. and is apDroximatelv 2.250 feet north
of Woolbriaht Road '
THIS MA ITER came on to be heard before the Planning and Development
Board of the City of Boynton Beach, Florida on the date of hearing stated above. The
Board having considered the relief sought by the applicant finds as follows:
1. The Board determined that this was not a substantial change and it was
approved subject to staff comments. Said comments are attached to the Development
Order dated September 4, 1996, and are on file in the Office of the City Clerk.
2. This Order shall take effect immediately upon issuance by the Clerk.
3. All further development on the property shall be made in accordance with
the terms and conditions of this order, and the Order of the City Commission dated
September 4, 1996.
DATED: SeDtember 10. 1996
~/
, rd Chairman
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City lerk
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Pl"NNIt~G AND
ZuNING DE-PI.
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
APPLICANT: WOOLBRIGHT PLACE PUD
APPLICANTS AGENT: Michael Morton.
DATE OF HEARING BEFORE CITY COMMISSION: 9/4/96
TYPE OF RELIEF SOUGHT: ReQuest for Master Plan Modification
LOCATION OF PROPERTY: Woolbrioht Place PUD. a 14.05 acre parcel which is
located on the east side of Southwest 8th Street. and is approximatelv 2.250 feet north
of Woolbrioht Road
DRAWING(S): SEE EXHIBIT IIB" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of
Boynton Beach, Florida on the date of hearing stated above. The City Commission
having considered the relief sought by the applicant and heard testimony from the
applicant, members of city administrative staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner
consistent with the requirements of the City's Land Development Regulations.
2. The Applicant
./ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3 The Applicant's application for relief is hereby
L GRANTED subject to the conditions marked as "includell in
Exhibit "F" hereto.
_' DENIED
4. This Order shall take effect immediately upon issuance by the City Clerk.
5. All further development on the property shall be made in accordance with
the terms and conditions of this order.
r
DATED:
6.
Qther: it:: /ftJ,o/ n,,~ l&nm~
rt:oP'J l'a/o41 ~77IY'V-
September 4. 1996
~~~~/~.o! .
Cit Clerk
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L\.)\Jf\ I IUI\I IVIf\1-'
WOOLBHIGHT PLA~E P.U.D.
POD 1
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Conditions of Approval
Project name: Woolbright Place PUD (POD 1)
File number: MPMD 96-005
Reference: The plans consist of 3 sheets identified as 2nd Review, Master Plan Modification. File #MPM, 0 96-005 with
P dZ '
August 16. 1996 lanmng an omng Department date stamp marking.
DEPARTMENTS INCLUDE REJEC
PUBLIC WORKS
-
UTILITIES
Comments:
1. The utility easement located in the rear of units 8 and 9 shall be located so that large I
canopy-style trees do not overhang into the easement. Palm trees and shrubs may be
placed within the easement but not over the force main. The easement shall also extend
at least 10 feet from the force main to the easement line on the building side, so as to
prevent encroachment by future structures including pools, screen rooms, etc..
2. The same conditions shall apply to that portion of the easement running In a general vi
north/south direction (i.e. no overhang by large trees into the easement).
FIRE
-
POLICE
Comments:
3. In regard to the entrance security gate, a system that is accessible via telephone by the
police/fire/utility departments, The telephone number would be made available to V
police/fir.e/utility communications. \^Jhen entrance to the area is necessary,
communications would activate the gates by telephoning the given number, This type
of system allows for maximum security and less number of people knowing the
telephone/access number.
DEVELOPMENT DEPARTMENT
Comments:
4. No building structure, screen enclosure, pool, or portion thereof is allowed within j
setbacks, either now or In the future. Chap.l, Art.lI,pg.1-30.
5. Proiect shall have underground utilities to residential units. Chap. 2.5, See,9E, pg,2,5-7. V
6. Show the location. of all temporary structures or permanent structures having a V
temporary use. Provide a statement outlining the temporary use and when they will be
removed. Chap.3. AIt.lV, See.3R, pg.3-5,
7. Provide a master stormwater management plan. Chap.3, Art.lV, See.3T, pg.3-8, ../
8. Site plan review and approval reQuired, ChapA, Sec.2, pg.4-1, v'
9 Plat review and approval required. Chap.5, Art.lI, Sec.l, pg.5-1. V
10. Provide certification by Developer'. Engineer that drainage plan complies with all city V
codes and standards, Chap,a, ArtIV, See.5A, pg.6-7 and Chap.23, Art.lIF, pg.23-8.
11, Locate all drainage ealementa, Chap,e, ArtIV, See.6B, pg.e-9, .)
12. Minimum street rlght-of-w8y width far . local street with 2 mountable curbs II 50 feet; with /
swales mJnlmum flght-of-w8V width Is 60 feel Chap.e, Art.lV, See,10C, PQ,e-11.
13. Need SANMD and LWDD acceptance prior'to Engineering approval. Chap.e, Art.VII, J
Sec.4B, PQ.6-24,
14. Appllcanfs attention is directed to Chap. 7, pg, 7 -1 regarding surety requirements, V
15. All landscaped areas shall be provided with an automatic water supply system. Chap.7.5, ./
Art, II, Sec. 58, pg.7.5-14.
16. Provide stop signs and stop bars in accordance with the "Manual on Uniform Traffic ~
Control Devices", Chap.23 Art.IIB2 PQ.23-7.
_ Page 2
Woolbright Place PUD (POD 1) -
File No. MPMO 96-005
DEPARTMENTS INCLUDE REJECT
17. All plans submitted for specific permits shall meet the city's code requirements at time of
application. These permits Include, but are not limited to the following: site lighting, )
paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits
required from agencies such as the FOOT, PSC, SFWMO and any other permiUing
agency shall be included with your permit reauest.
18. Revise documents to reflect all comments. ..I
19. Verity which roads require namina (for mail deliverv) with U.S. Postal Service. I
20. Indicate name of subdivision. ChaD.3, Sec.3A. DO. 3-4. .;
21. Show location, names and elevations of adjacent subdivisions. Chap.3, Sec.3E, pg.3-4. /
22. Show tOpOgraphical conditions on tract. Chap.3, Sec.3G, pg.3-4. /
23. Provide aenerallzed statement of subsurface conditions. Chap.3, Sec. 3M, pg.3-5. V
24. Show utilities on or adlacent to the tract. Chap.3, Sec.30, pg.3-5. ./
25. Dead end streets are prohibited. Chap.6, Art.IV, Sec.10T, pg.6-14. v'
26. Permits must be obtained for work within R.O.W. Chap.22, Art.II, Sec.7A, pg.22-3. V
27. Complete lnigated landscaping In S.W. 8th Street R.O,W. Including medians and areas
outside pavement edges prior to recording at plat. This includes entire R.O.W. from ~
approximately the south edge of the 14.18 acre church parcel to north terminus of S.W.
8th Street construction. landscape design must be approved by the City Forester prior
to installation, and the Installation itself must be accepted by the City Forester prior to
recordino of Dlat.
28. Show location of relocated 12' utility easement approved by Resolution R95-66. ..;
29. It is recol11mended that the streets are paved in two lifts. ~
FORESTER/ENVIRONMENTALIST
Comments:
30. The applicant should submit landscape and inigation plans for S. W. 8th Street
medians and right-of-ways, The plans should be reviewed and approved by the J
Technical Review committee (TRC) for any possible conflicts. The plans should
show quantities, specifications and species of trees with any understory plantings, A
note should be on the plans that the maintenance of the landscapellrrlgation
improvements will be provided bY the applicant's commercial association.
31. The undisturbed open area portion of the site can be evaluated as a vegetative, visual
barrier only after all of the exotic vegetation has been removed from the site, There
may be voids in the visual buffer after the clearing of exotics that will have to be j
landscaped with native species and receive water until established, The present
elevation of this open area Is higher than S.W. 8th Street and may change as part of
the project. These activities may affect whether the undisturbed open area can be
used as a visual buffer rather than the applicant planting/irrigating a new buffer along
the western perimeter of the project The project should continue in the normal review
PARKS AND RECREATION
Comments:
32, As the developer has chosen not to provide five private basic park requirements. the V
submittal does not qualify lor one-half credit for private recreation,
33. Based on the number 01 lingle family units. the following recreation fee applies: /
84 single-family units X .0180 = 1.51"2 acres .
As the developer has already paid one-halt of the fee, his dedication Is: 1.512 divided by
2 = .756 acres. Fee In lieu of land is recommended. -
38.
39.
40.
41.
42.
...age J
Woolbright Place PUD (POD 1)
File No. MPMO 96-005
DEPARTMENTS
PLANNING AND ZONING
Comments:
34,
To provide a more efficient layout of the project regarding street design for services
provided by the city such as fire rescue, emergency services and sanitation pick-up. it
is recommended that the lot design in the northeast and southwest portions of the project
be redesigned by omitting lots or creating pie shaped lots on a street radius rather than
allowin the short dead end streets that do not have a cul-de-sac turn-around.
35.
36.
All pal1<ing spaces provided or required for the recreation pool area shall be designed to
comply with the city regulations specified in the City's Land Development Regulations,
Cha ter 23 - Pal1<in Lots. Amend the Ian accordingl .
To maintain consistency regarding the building setback for the perimeter of the project
it is recommended that the proposed forty (40) foot building setback remain around the
perimeter of the portion of the site titled Open Parcel Area (Undisturbed), inCluding the
south ro e line of the ro sed tract.
On sheet MPl of 2. identity the new name of Morton's Way, as specified in resolution
R96-112.
37.
On sheet MP1 of 2, change general note 1 and 3 to reflect the method the developer is
or has complied with the city's recreation requirement for the entire PUD, In describing
the approved or proposed method, delineate the compliance by showing the
computations r each ad or arcel within the PUD.
It is recommended that a twenty (20) foot setback be established around the recreation
pool area. Show and dimension on sheet MP2 of 2, the 20 foot setback for structures
and all recreation amenities.
INCLUDE REJE(
J
J
j
J
J
v
To clarify the minimum standards for the PUD, amend the project summary note 7 found
on sheet MP2 of 2 as follows:
.;
Minimum lot sae: 42' X 95.5' (4,037.5 square feet)
Minimum lot frontage 42'. e
r...l t~(
· Lot frontage shall be measured at the 15 foot front setback line for the following () K
irre ular sha ed lots; 1-8 and 45-48, '1-;) , '10 '75%;; '3/.S 'JHI",,~,-Jt.4w.: f)t;S' s=r~'
On sheet MP1 of 2, add a general note indicating that the PUD is subject to the
conditions of approval of City of Boynton Beach Resolution R96-112 regarding the
reduction in the width of Morton's Wa .
Add to the master plan submittal the previously approved landscape plans for S.W. 8th
Street, the water management area, lake plantings and the preservation area
re uirements.
45. Add to the site data found on sheet MP1 of 2. the density (number of dwelling units per
acre) represented for the gross acreage of the PUD. Also identify the land use
classification of the PUD as defined on the Ci 's Future Land Use Ma .
43.
44.
/
V'
46. On sheet MP1 of 2, amend the lOuth border of the Woolbright Place PUD on the west
side of S.W. 8th Street to correctly identify the property line that separates the Woolbright
Place PUD from the Shoppes of Woolbright PCD as established by Ordinance 89-18.
Ordinance 89-18 is the ordinance that established the PUD. Rectify the Woolbright Place /
PUD plat documents to correspond with Ordinance 89-18. It is recommended that the V
land shown on the master plan within the Church Parcel that is not zoned PUD be
rezoned, by the applicant, from PCD to PUD. unless othelWise determined unnecessary
by the city attorney. Amend the legal description. plans and site data on sheet MP1 of
2 accordin I .
47. Sheet MPl of 2 indicates that Pod 1 will have 5 common recreation amenities; however,
the lans ani reflect a 001. Correct the tans accordm I .
Page 4
Woolbright Place PUD (POD 1)
File No. MPMD 96-005
DEPARTMENTS INCLUOE REJE
48. On sheet MP2 0'2, modift general note 1 to indicate the 0,32 acre private recreation
tract, the 1.47 acre open area parcel and the 2.64 acre private road tract located within J'
Pod 1 are owned, operated and perpetually maintained by the projects homeowner's
association. Include any other land area that is proposed to be common land for the
-,-r ~
development. c> K fl.'" pt. r
----
49. To clarify general note 4 found on MP2 of 2, move the note to sheet MP1 of 2 and show
on the plan the location size. and shape of the medians adjacent to the street frontage j
of the subject PUD. It Is recommended that the last three words of note 4 be changed
from homeowner's association to WOOlbright Place Master Association. Inc.
50, Prior to plat approval of Pod 1, Homeowner's Association documents will be required to ''N,l~~
be submitted for review by staff. The documents shall comply with the specifications
identified in Chapter 2.5 - Planned Unit Development, Section 6 and Chapter 5 - Platting,
Article V, Section 1 0 11 of the City's Land Development Regulations. '\ pf.,~r
51. On sheet MP1 0' 2 modift general note 9 by omitting the last sentence and adding the J
words "as defined on each plat within the PUO" before the period at the end of the first
sentence.
52. To clarify the Issue regarding location of fences on perimeter lots within Pod 1, move J
general note 9 found on sheet MP1 of 2 to sheet MP2 of 2 and place it below the typical
lot drawings depicting lots with perimeter landscape buffer easements.
53. To clarify the areas of the project that will require site plan review, add text to general j
note 12 found on sheet MP2 of 2 indicating that site plan review is also required for the
site wallar fence, landscaping for the open parcel and project signage located at the
entrance to the site,
54. To provide privacy for lots 1 and 48, it is recommended that a common ground tract of 1_"'-
~ v ""
land be shown on both sides of the entrance road. This can be accomplished by moving ( Of<. ~~f"'"
~4~('''fk. )
the adja;ent row of lots to the north and south. ""--M.to,
55. To provide privacy for lot 84 which Is abutting the east side of the proposed private -/
recreation pool, it is recommended that either the pool and cabana exchange locations
or the cabana and pool be rotated ninety (90) degrees in a clockwise direction.
56, Specify on sheet MP1 of 2, the approved total peak hour trips that are allocated for the J
PUD and indicate how may trips are generated for the existing and proposed
develoDment for each Darcel or ood Identified on the master Dlan.
flage 0
Woolbright Place PUD (POD 1)
File No. MPMD 96-005
DEPARTMENTS
INCLuoe REJE
57.
To install the buffer plan proposed by the applicant (25 feet wide abutting the north
property line 0' the PUD) In compliance with the FPL guidelines regarding planting trees
near overhead power lines, the tree materials identified on the plan would have to be
changed. The reason the tree material should be changed is that the north portion of the
proposed buffer overlaps a five foot wide utility easement that has overhead power lines.
One-half of the five (5) foot wide utility easement occupies the north 2.5 feet of lots 8
through 22. It is recommended that prior to plat approval the applicant submit a site
plan review request that depicts the buffer planting plans for all areas 0' the project that
include buffer plantings on single-family platted lots. The submittal shall include
planting plans tar the north buffer that have been reviewed and approved by FPL. If the
FPL approval requires the omission of trees, reduction in tree size specifications or
change in location 0' tree material the. north buffer easement and plantings shall be
moved into the site a distance that would allow FPL to approve the proposed planting
scheme and recommended planting specifications. The below listed planting changes
and specifications are recommended to be added to the proposed plan to describe a
typical 1 00 foot section of the buffer.
J
T.....: Specifi the two (2) Red Cedar trees, three (3) Slash Pines, one (1) Live Oak,
two (2) Gumbo Limbo and three (3) Sabal Palm trees shall be twelve (12) feet tall at time
of planting.
Hedge.: Show fifty-one (51), twenty-four inch to thirty-six (24 to 36)lnch tall Coco
Plum plants along the top of the four foot tall berm and space the plants 2 feet on center.
The plants shall form a continuous hedge row the entire length of the buffer.
Shrub.: The 24 Saw Palmetto plants shown on the plan shall be thirty to thirty-six
(30-36) inches taU (15 gallon) at time 0' planting. Install forty-eight (48), thirty-six inch to
forty-eight (36 to 48) Inch tall Myralne plants, spaced five (5) foot on center, alternating
12 plants each side 0' the top 0' the berm 25 foot intervals. For each 100 lineal feet of
buffer alternate Myrsine, Randla, Wax Myrtle, Florida Privet, Wild Coffee and Necklace
Pod plants, The shrubs shall be placed In a manner to form a meandering shape of the
buffer as viewed from the plan view.
Ground Cover: Omit the Purple and Yellow Lantana plants (deciduous) and replace
with a total 0' two hundred (200), 12 to 18 inch tall Liriope plants (evergreen). The Liriope
shall be planted on 12 Inch centers with 100 plants installed on each side of the berm for
each 75 or 100 foot section of the buffer. The Liriope plants shall be installed to
accentuate the meandering shape of buffer.
It Is reeeflUMR..... ..... ...,. eRU,. liIy"r liIe IR.QIII" pADr tea the 1..uaRc;e Df the fee ~/7 ~N#e.
Certificate of ~,.ftey sf any reerestieR sVuctWFe, sale. me8el fa&i1i~' er Df a ~-~~.4I7'S
, . h - ""__.. ~
Woolbright Place PUD (POD 1)
File No, MPMO 96-005
DEPARTMENTS
INCLUDE REJE'
58. To install the approved 25 foot wide landscape buffer plan, as identified in Resolution
R92-210, in compliance with the FPL guidelines regarding proximity of large trees to
overhead power lines, the location of the buffer, berm and large trees within the buffer
will have to be relocated so that the row of large trees shown on the north side of the plan
are 30 feet away from the power lines. The Slash Pine, live Oak and Gumbo limbo trees
identified on the approved plan are listed as large trees in the FPL brochure. It is
recommended that prior to plat approval the applicant submit a site plan review request
that depicts the buffer planting plans for all areas of the project that include buffer
plantings on single-family platted lots. The submittal shall include planting plans of the
north buffer that have been reviewed and approved by FPl. If the FPL approval requires
trees to be omitted or a reduction in size specifications or change In location of tree
material the north buffer easement and plantings shall be moved into the site a distance
consistent with FPL specifications. The below listed planting changes and specification
are recommended to be added to the approved buffer plan to clarify a typical section of
buffer plan.
Trees: First one hundred lineal feet of buffer plant three (3) (fifty foot on center), 12 to
14 foot tall Live Oak trees placed three feet from the north side of the 25 foot wide buffer
easement and plant two (2) (fifty foot on center altemating spacing from the oaks located
on the north side of the buffer), 12 to 14 foot tall live Oak trees placed three feet north
of the south side of the buffer easement The next seventy-five feet of the buffer install
a grouping fourteen (14) (ten feet on center), 12 to 14 foot tall Slash Pines (7 on each
side of the top of the benn). For the next one hundred feet of buffer plant three (3) (fifty
foot on center), 12 to 14 foot tall Gumbo limbo trees placed three feet from the north side
of the 25 foot wide buffer and plant two (2) (fifty foot on center altemating spacing from
the gumbo limbo located on the north side of the buffer), 12 to 14 foot tall Gumbo limbo
trees placed three feet north of the south side of the buffer. The previous three sections
of tree plantings shall be repeated the entire length of the landscape buffer easement.
j
Hedges: Install, fifty-one (51), twenty-four Inch to thirty-six (24 to 36) Inch tall Coco
Plum plants along the top of the four foot tall benn and space the plants 2 feet on center.
The plants shall form a continuous hedge row the entire length of the buffer. For each
100 foot or 75 foot section of the buffer Coco Plum and Wax Myrtle plants shall be
alternated.
Shrub8: Spot plant forty (40), torty-eight to sixty (48 to 60) inch tall, at time of planting,
containerized Saw Palmetto palms around each group of 14 Slash Pine trees (20 palms
on each side of the top of the benn). Install, forty-eight (48), thirty-six inch to forty-eight
(36 to 48) inch taU Randla plants, five (5) foot on center, alternating 12 plants each side
of the top of the benn at 25 foot intelVals, For each 75 or 100 foot section of the buffer
alternate Randla, Myrslne, Florida Privet, Wild Coffee or Necklace Pod plants, The
shrubs shall be placed in a manner to fonn a meandering shape of the buffer as viewed
from the plan view.
Ground Cover: Omit the Lantana plants (deciduous) and replace with a total of two
hundred (200), 12 to 18 Inch tallliriope plants (eve"~'sen). The liriope shall be planted
on 12 inch centers with 100 plants installed on eac Je of the benn at each 100 foot or
75 foot typical section. The plants are to be placee ..1 accentuate the meandering shape
of the buffer. One hundred (100) Fakahatchee grass or liriope plants may be alternated
each 100 foot or 75 foot section ofthe buffer.
60,
It Is recommended that this entire buffer be installed prior to the Issuance of the
Certificate of Occupancy of any recreation structure, sales model facility or of a
residential unit, whichever comes first
To ensure that the north property line landscape buffer Is continuous at the rear of Iota
8 and 9, either move the proposed city utility easement six (6) feet to the south so that
the city utility easement does not encroach the landscape buffer easement or r.raute
the utility easement to run north and south between lots 9 and 10.
It Is recommended that the approved landscape buffer easement and plaoting be
continued along the east and north sides of the land identified on the submitted plans as
Open Parcel Area (Undisturbed). The buffer should terminate at the east side of S. W.
8th Street at the northwest comer of the PUD. This recommendation may be omitted if
the City Forester/Environmentalist determines that the existing landscape material
located on the ooen oarcel creates a buffer eaual to the aooroved buffer.
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59.
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Page 7
Woolbright Place PUD (POD 1)
File No. MPMD 96-005
DEPARTMENTS INCLUDE REJEI
61. To clarify the specie and spacing of the planting proposed for the south and east
landscape buffer easement, indicate on the plans that the trees, hedges and shrubs shall
be native and the hedges shall form a continuous row installed two (2) foot on center. J
Further specify on the plan that the mass planting shall be installed two (2) foot on center
and at least 10 plants shall be installed for each forty-two (42) lineal feet of buffer. Also,
sDecifv on the plan the height and slope of the berm.
62. Lots 22 and 44 are nonconforming lots with regards to the minimum frontage of 42 feet,
specified on the plan, Correct the plans to show no less than a 42 foot frontage on all . /'-
/y V 0
lots. ;?..6.CiV~D IV:JM/!,c.r_t>~ [dO'S r'-6"" "Tt> e'?"lSFf2. N:rA'Nldl () rc:. ~/'JplAr
63. Add to the plan a continuous sidewalk within the right-of-way between lots 4 and 8. v
64. To provide a street system that will allow proper access by city services to the
development that is located north of the subject site, it is recommended that the I
developer build a cul-de-sac to city standards at the east end of S, W. 4th Avenue.
Following city approval of the street construction, the developer shall dedicate the right-
of-way to the city,
65, Show on sheet MP1 of 2) the five (5) foot tall landscape berm with ficus hedge (located
at the highest point of the berm) that is described in resolution number R95-65 as I
required along the west property line of the PUD with the exception of the church parcel.
Also, list on the plan the landscape and berm specifications that are described in the
resolution.
66. On sheet MP1 of 2, add the typical cross section drawing of Morton's Way, as it is
depicted in resolution number R95-65. Also add to the drawing the approved
configuration of the pavement for the Industrial Access Road including the landscaping J
and sidewalk referenced in the resolution. If the location of the three (3) curb cuts
proposed for the south side of the road are not known at this time, place a note on the
plan referencing that three curb cuts are proposed and they will be installed to city
standards.
67. On sheet MP1 of 2 revise site data note B to reflect the title of the pods where the multi- f
family units are located.
68. To provide clarity in determining all the setbacks for the project, it is recommended that
typicallotlunit detail drawings be added to sheet MP2 of 2, The drawings shall include
dimensioned setbacks for the building, screen enclosures, pools and easements. The
detail drawing shall include a typical lot, corner lot, perimeter lots for each border of the I
project, cul-de-sac lata and any other special or irregular shaped lot. Include within the
typical drawing the location of proposed or easements of record. Below the drawings
identify the specific lot number(s) that the detail drawing represents. Ensure that the
detail drawings represent all lots proposed for the development.
69. Modify the temporary model center area to show no less than three (3) parking spaces j
per each residential model.
70. U is recommended that the maximum height of the single-family structures be established ~ /J. ~/)i {lC/V.
at 25 feet. This height Is consistent with the height limitation on the homes that are
located to the north in the R-1A (Single-Family Residential) zoning district. Amend the C/.mtna. -r~A
site data on sheet 2 of 2 accordingly,
With a distinguishable symbol, Identify on sheet MP2 of 2 the front of the ~NUI"~ "-~ N~ A
71.
1, 8, 23, 45, 48, 49, 57, 58, 66, 67, 77 and 78 '* ~t\ lot'I
./
72. It is recommended that 8 ten (10) foot wide landscape buffer easement, located along ~
S.W. 8th Street, be extended to the north timit of the PUD. The entire buffer shaD include ~ pU>0
C> ..
a two (2) foot taD berm (centered in the new landscape buffer easement) and the material 3 S'ls.Wj
planted in the easement shaH match the landscape scheme of the landscaping along the
south border of the subject project. The landscape material shall be located in a f:)~
landscape easement and the easement dedication shall place the maintenance of the ~
landscaDe material and Irrigation as the responsibility of the H.O.A..
73. Submit for permit review plans showing the S.W. 8th Street approved landscaping (plans j
located in the Development Department) that abuts the Woolbright Place PUD. The
I landscaping shall be installed and approved by the city landscape inspector prior to the
plat being recorded for Pod 1 or 90 days following the Planning and Development Board
accroval of the subiect master Dlan modification whichever comes first.
Weo/bright Place PUD (POD 1)
File No. MPMD 96-005
DEPARTMENTS INCLUDE REJ
74, To establish, a minimum ftoor area for the proposed units that is comparable to the
minimum ftoor area required In the single-family homes abutting the project to the I
north, it is recommended that additional information be added to project summary
note number 5 found on sheet MP2 of 2 indicating that 1,250 square feet is the
minimum floor area. Also add to note 5 the required square footage regulations listed
in Section 4. K. of ChaDter 2 - Zonina of the City's land development Reaulations.
75. Provide proper authorization, for the subject request, by submit written verification V
from the board of directors of the Woolbright Place Master Association, Inc. indicating
that Richard C, Wohlfarth, P.E, of CCl Consultants. Inc. is their representative.
76, Submission of a rectifted master plan showing compliance with the conditions of approval I
for the project will be required to be submitted to the Planning and Zoning Department.
in triplicate, Drior to Dlattlna and/or site Dlan review for the PUD.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
77. To be detemlmed,
ADDITIONAL CITY COMMISSION CONDITIONS
78. To be determined.
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ADDITIONAL CONDITIONS FROM COMMISSION MEETING
3. Clarification of condition 70; MMimum height established at 30'.
---.-.____..._~.___~.,. M,....._.._. _ _'.._
MEETING MINUTES
REGULAR CITY CON SSION
BOYNTON BEACH, FLORIDA
JUNE 17, 1997
Commissioner Jaskiewicz pointed out that there are a number ot very specific duties the
Cemetery Board is involved in addition to dealing with Cemetery funds. She questioned
whether these specifics will be listed in the duties and responsibilities of the Recreation & Parks
Board. In addition, having a mortician on the Cemetery Board is a requirement, and
Commissioner Jaskiewicz feels that requirement should be maintained,
Attorney Cherof advised that the concept of 097-31 is to shift all of those responsibilities to the
Recreation & Parks Board.
City Clerk Sue Kruse polled the vote. The vote was unanimous.
Mayor Taylor requested that the Parks Division provide a cost estimate associated with
installing a 6' or 8' hedge around the Cemetery, This will provide solitude for the people who
are trying to pay their respects to the deceased.
2. Proposed Ordinance No, 097-31 Re: Providing additional Duties.
Powers, Authority and Functions ot the Parks & Recreation Board
Attorney Cherot read Proposed Ordinance No. 097-31 by title only.
Motion
Commissioner Tillman moved to approve Proposed Ordinance No. 097-31 on first reading,
Commissioner Bradley seconded the motion. City Clerk Sue Kruse polled the vote. The vote
was unanimous.
C, Resolutions:
1 , Proposed Resolution No, R97 -102 Re: Approve Final Plat for
Boynton Commons PCD
Attorney Cherot read Proposed Resolution No. R97-102 by title only.
Motion
Commissioner Bradley moved to approve Proposed Resolution No. R97 -102. Commissioner
Tillman seconded the motion which carried unanimously.
2. . Proposed Resolution No. R97 -103 Re: Approve Final Plat for
Woolbright 100
Attorney Cherot read Proposed Resolution No. R97-103 by title only.
Motion
Commissioner Bradley moved to approve Proposed Resolution No. R97-103. Commissioner
Tillman seconded the motion.
16
MEETING MINUTES
REGULAR CITY COM MIL .ON
BOYNTON BEACH, FLORIDA
JUNE 17, 1997
Commissioner Jaskiewicz was of the opinion that Condition #21 had been agreed to by Mr.
Morton: however, she noticed that the Condition has been rejected.
Ms. Heyden advised that at permit level, staff attempted to get the applicant to change the
color; however, they decided they could not do that. Therefore, the color is a very dark grey.
The motion carried 3-1, (Commissioner Jaskiewicz dissented.)
3. Proposed Resolution No, R97-104 Re: Appoint members to the
Local Housing Assistance Program (State Housing Initiatives Partnership
Act)
This item WClS tabled during the Agenda Approval.
0, Other:
1, Consideration of amendments to Marina Development Agreement
Attorney Cherof reminded the Commission of its previous approval of a Marina Development
Agreement which was sent to Mr. Garcia for signature. When the Agreement was returned to
the City, Mr. Garcia had made a number of proposed changes that are summarized in a
memorandum dated June 3, 1997,
· The first provision for amendment is on Page 10 of the Agreement. Mr. Garcia suggested
an alternative method of escrowing the incentive dollars being provided for development.
Mr, Garcia wants an assurance that when each incentive payment comes due and owing,
the Commission will reconfirm its commitment to pay the incentive by setting the money
aside in an escrow account. Attorney Cherof recommends approval of this suggestion.
· The second suggestion is on Page 11 of the Agreement. This suggestion will change the
timing of the procedure with respect to when the incentive dollars are payable. In
Subsection (b), Mr. Garcia deleted the clause entire project and suggested that the
disbursement be when the first restaurant has been issued a CO and all of the other shells
have been completed (Le., the walls, roof, windows, landscaping and parking).
Commissioner Bradley recalled that there was discussion regarding disbursement of incentives
in thirds. He did not see that reflected in this new proposal from Mr. Garcia.
Attorney Cherot. remin~ed the Commissioners that the disbursement in thirds is set forth in one
of the exhibits of the agreement. It is not within the body of the Agreement itself.
Commissioner Bradley questioned how Mr, Garcia's proposed change compares to the original
disbursement in thirds.
Attorney Cherof advised that if the proposed change is accepted, one-third will be earned upon
receipt of the Certificate of Occupancy for the first restaurant as opposed to the two
restaurants.
17