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CORRESPONDENCE ENVIRONMENTAL IMPACT STUDY Banyan Cove Boynton Beach, Florida Prepared for: Olen Residential Prepared by: C & N Environmental Consultants, Inc. 612 N. Orange Ave., D-l Jupiter, Florida 33458 (561) 744-7420 Fax: (561) 744-2887 OLEN COMPANIES, INC, BANYAN COVE Boynton Beach, Florida ENVIRONMENTAL IMPACT STUDY 1,0 INTRODUCTION A :t16.72 acre parcel known as the Olive Garden site is being proposed for residential development by the Olen Companies, Inc. as Banyan Cove. The parcel is located in Section 15, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, and is situated east of U.S. Highway One and extends eastward to the Lake Worth Lagoon and the Atlantic Intracoastal Waterway (ICW) (Figure 1). Via Lago, a residential development, occurs north of the parcel and a mobile home community occurs south of the property. Portions of the parcel are designated by Palm Beach County as Environmentally Sensitive Land. The following environmental impact study was conducted in response to the City of Boynton Beach's Environmentally Sensitive Lands Ordinance as part of the application for alteration of property containing environmentally sensitive land. Field surveys of the parcel were conducted to: 1) characterize and delineate native upland and wetland habitats on the site, 2) identify the presence or site utilization of any flora or faunal species listed by the federal, state or local agencies as endangered, threatened, rare, or species of special concern, 3) identify habitat essential to their survival, 4) identify the presence of any archaeological/historical features which may occur on the parcel, 5) identify the presence of any geologically significant feature, 6) identify areas of past or present disturbance, and 7) identify impacts due to surrounding land uses or possible impacts due to site development to surrounding ecological features. Data collected during the survey may be used to target specific species for future protection and to delineate habitat which may require preservation. 2.0 SITE CONDITIONS The :t16.72 acre parcel is comprised of five separate parcels. The two southern parcels comprise 3.38 acres and 4.97 acres and extend from U.S. Highway One approximately 1,300' eastward to the mean high water (MHW) line along the west shore of Lake Worth Lagoon. The third parcel comprising 4.35 acres commences approximately 300' east of U.S. Highway One and extends east approximately 650' to the MHW line of Lake Worth Lagoon. The north property boundary meanders from approximately 300' north of the southern parcel to the MHW line and abuts Plat 1 of Via Lago development. Submerged lands occur eastward of the north parcel comprising 3.57 acres and eastward of the southernmost parcel comprising 1.34 acres (Figure 2, survey). The parcel is located in Palm Beach County. C & N Environmental Consultants, Inc. April 1998 BANYAN COVE Site Location Map NI ALAPAN Island ---::r ~~~1 Bonita ~ _.Or/ \s\eiod); r-- SJ <an:,~ .Qi sf r5ij~Cs . I SpaniSb \l 0 C EA N Bimi ;~, ~ ~ r i~ :j Ele lhra Dr f 0 ,!!} ~ , RIDGE BOYNTON BEACH OCEANFRONT PARK .(0 g <6 , I .~ \ \ -I ---/ - :-::::::' AS In Ut....>OIl \ \ .1 i\ \ ;l.B~ \ 1\; ,.,,"- ,.~< f- -.' /' -," \ / o~ -----" ~,,\ C; ... ~ ~ I ..~~ \ '" o ~ -' t/l fij~ ~ ~ ~t; ~,.; Vl \ \ ,,\ ii ~ \ t _-.,---L J_----" ./. . ;~5 ..... ........ :1 f i\ \ \ \ \ \ u ~ H +> ~ Ql S p... IDC>< :> .-I Ql o Ql :> c..' :> \04 ('.\ Ql ::s c:pCf)Ql ro \04 ><c:Ql::S c:Ql+>Ol Ie .-' ..... ..... ~otf)~ ~ i~ 1\ ~\ \ I, \ \ \ \ '11 \\ ~ .~ " ~ _-1/1 ~~t~ A ,," ~ .......ti ~ .1'./.. ~~l :::, A i.l ~'" if ~ ~ ". 0'\ . to ,., . -~~~ ... .I' ,~ i ; \~ II! ~~ 1 ~~ ... . zi ... . ~ l" 'l~ . ! ! i . . .t.. 10' ~~ a .. I' ~ , . ~ i~ :' :~ .. ""'\~;i: .. A\fMHtl/lol Wl:l303../ '11 ,~J,:. \ ; "~'.: l\ ;',.... ~ '!! .11 " :', '7f-.~ . :'f~~ ~ ~ . .~.." -~-_._". ',;1~'\':' . ",' ,--.~:t:7r-"~' ,,,.... \ I I h \! \ I \ \ \ \ -- \ ;\ I Ii i - \ \ I \ \ 'w \ I \ - I .-" ( 'ST: .~NtldWO:> N3iO 3HJ. W:l62: 20 86. 2 t I~,;;r ,----- -' -,-_.._------- ,,'d Historically, the parcel was known as the Olive Garden, a botanical garden which was open to the public. Much of the tropical hammock has been cleared with the exception of the northwest parcel. The remainder of the site has been cleared of native tropical hammock vegetation and now occurs as Brazilian pepper (Schinus terebinthifolius) monoculture with scattered Australian pine (Casuarina equisetifolia) and escaped exotic nursery plant species such as Java plum. Native ferns occur in the understory in several areas. The two southern parcels which are dominated by Brazilian pepper have areas of stockpiled soils and uneven ground as a result of clearing. The site lies approximately due west of Boynton Beach Inlet. The shoreline along the northern half of the parcel occurs as a white-sand beach with a sparse mangrove fringe. The property extends eastward as submersed land approximately 330'. Mangrove forest occurs along the southeastern half of the site and comprises approximately 1.10 acres. Submerged land extends easterward from approximately 150' to 350' to the property boundary. A. Vee:etative Communities A vegetative survey was conducted on the parcel to characterize vegetative communities, including canopy, understory, and ground cover found on the site. A list of plant species observed in each native plant community was also compiled as well as the dominant species and other unusual or unique features of the vegetative association. The ecological functions, health, and conditions of each community is also specified. The acreage of each community is provided. The vegetative communities have been mapped and categorized to Floric.a Land Use, Cover and Forms Classification System (FLUCCS) to a Level III (DOT, 1985) (Figure 3). The vegetative communities on the subject parcel have been characterized and described as follows: 1.0 Upland Communities 120/190 Residential/Open Land/Cleared 1.65 Acres The southwest portion of the project site bordering U.S. Highway One was developed as residential single family homes prior to 1968 (Figures 4, 5). All native communities on the southern half of the site were cleared and the 1968 aerial indicates agricultural activities on the more eastern areas. This area has recently been cleared or all structures and most vegetation. 190/740 Open LandlDisturbed 2.71 Acres This area occurs in the center of the parcel in a narrow strip extending from U.S. Highway One within approximately the center of the parcel to the shore of Lake Worth. The area has been cleared of native vegetation and occurs as herbaceous, weedy plant species and grasses. C & N Environmental Consultants, Inc. April 1998 4 BANYAN COVE PALM BEACH COUNTY,FLA FLUCCS MAP .\C VEGETATIVE COMMUNITY I 65, ,- 2.71' , 2.41J, ' I 78; - ,49. ' 0.27, - I.lOi ,. 027. - ,.46. - 120!190 190i740 422 426 437 326 6ll 652 911 Medium Densitv Residential 'Open land Open landJdisturbed Brazilian Pepper Tropical Hardwoods (Exotic) Australian Pine Beach dune ~'{angrove fringc/nlaJ1gro\'G S\Vanlp Shoreline Seagrassisuhmerged land 17.13 at'. T"tal '\;ok .-\11 acreages ar~ appftJ\Jlllak. H..i"' ...~~ *. ., . <~,,*' . -~ 't. p '. . t ., 9" \ . . 1 = '", \ " , . ! BANYAN COVE 1968 Aerial Photograph ""'--' ...~- . ;";,.,....i ,> if; ,', BANYAN COVE 1977 Aerial Photograph 329 Beach Dune 0,27 Acres Photo-interpretation of 1968 and 1977 aerial photographs indicate that this community was partially cleared of existing vegetation after 1977. Though some exotic infestation was observed, the area is dominated by native vegetation. Canopy species are limited to an occasional white mangrove (Laguncularia racemosa), cabbage palm (Sabal palmetto), and sea grape (Coccoloba uvifera). Understory species include sea grape, nickerbean (Caesalpinia spp.), and Brazilian pepper. Ground cover species include beach cordgrass (Spartina patens), railroad vine (Ipomoea pes-caprae), beach morning glory (Ipomoea stolonifera), and sea purslane (Sesuvium spp.). Nickerbean and railroad vine dominate this community. The beach dune community is a functional, dynamic community which effectively stabilizes the aeolian sand and absorbs wave energy. This community is extremely vulnerable to human impacts and require protection in the form of dune walkovers and restricted access. Faunal species known to utilize the beach dune community include raccoon (Procyon lotor), ghost crab (Ocypode quadrata), six-lined racerunner (Cnemidophorus sexlineatus), kestral (Falco sparverius), and beach mouse (Peromyscus polionotus). 422 Brazilian Pepper 2.4 Acres Brazilian pepper dominates areas of the site which have been previously cleared of native vegetation. This exotic, nuisance shrub species forms dense mono cultures which preclude growth of nati'!e vegetation with the exception of sparse patches of swamp fern (Blechnum serrulatum). 426 Tropical Hammock 1. 78 Acres The native community, maritime hammock, typically occurs as a narrow band of hardwood forest lying just inland of the coastal strand community. However, this community was cleared many years ago and replanted as tropical hammock dominated by exotic species such as false banyan (Ficus altissima), tropical almond (Terminalia catappa), rubber tree (Ficus elastica), jacaranda (Jacaranda mtmosaefolia), royal palm (Roystonea regia), areca palm (Areca llutescens), traveler palm (Dypsis decaryi), date palm (Phoenix reclinata), royal poinciana (Delonix regia), and Jambolan plum (Syzygium cumini). Native species such as strangler fig (Ficus aureum) and necklace pod (Sophora tomentosa). 437 Australian Pine 3.49 Acres This community occurs as a monoculture canopy with a Brazilian pepper understory throughout most of the site. Originally planted as a wind break and for soil stabilization in coastal areas, this is the dominate community on the parcel. C & N Environmental Consultants, Inc. April 1998 8 2.0 Wetland Communities 613 Mangrove Fringe/Mangrove Forest 1.1 Acres A sparse mangrove fringe community occurs on the northeast shoreline of the parcel. The canopy is comprised of a few red mangrove (Rhizospora mangle) trees and white and black mangrove (Avincennia germinans) trees. A mangrove forest community occurs on the southeast corner of the parcel. This area appears to have been a mitigation area, most likely for construction of the adjacent marina. The mangrove forest is a functional community comprised of low, dense forest within the intertidal area. 652 Shoreline 0.27 acres The shoreline is a non-vegetated community comprised of unconsolidated sediments. This area absorbs much of the wave energy and supports an infaunal population dependent on high dissolved oxygen levels. These are important feeding grounds for many higher vertebrate species. Seagrasses may occur within the submerged areas of the site. However, at this time a survey has not been conducted. There is no anticipation of impacting this area with development activities. 3.0 Soils Anclote fine sand occurs throughout the southern portion of the parcel (Figure 6). Anclote fine sand is a nearly level, very poorly drained, deep, sandy soil which occurs in small depression and poorly defined drainageways. The water table is within 10 inches of the surface for six months or more during the year and recedes to below a depth of 20 inches with drainage or in dry seasons. Myakka-Urban land complex consists of Myakka sand and Urban land. Up to 50 percent of this soil classification is covered by street and development. Approximately 40 to 65 percent is covered with vacant land. Most areas have been and have a low water table (SCS, 1978). 4.0 Listed Species During the survey for listed species no observations of any federally, state or locally listed species were recorded. Numerous wading birds listed for protection by the State of Florida could potentially utilize the mangrove forest for roosting or breeding purposes. However, this area is designated for preservation and should not impact their activities on the site. (Please see Attachment 1). C & N Environmental Consultants, Inc. April 1998 9 N\ BANY AN COVE Soils Map 'p' ~p '1' ..~.-..,.", ".' t:j ~ ' ,~.~" :':0 .~<. ..:,;"; QAB L:l -....- _ '.~' :.~~:"".-\'~: , ' I" .'" . .,. "~: . :. ~.,..~~'l. ~t .-4:;' ::','. 7 i :"E'.: ',. ~ '. ~~ .~\~ :'-, ., ,oJ,' ,,' ~', '. 1\;;;(!' ,'iJ ~:.:.'..:. :.: :" '\. .; ~:,~r~{ ~~tl ,.,,i: ~'::. .' ;>,1,1< ..t.,~' F:' 7": ~ . .,..\f-,-l'.'" t .IO~ .1:". i' ,~;:. '.':" .J. . J~, . ..:t 10........' . .' " .',. ,,-:~.i:" ,. !L'I. ' ,-' " :t.~':),.;'~ ,,,:/:' . .\..:.:'.'. ' .,-,.: ," " .:"''''. .-:' .it ,~' 'I" ,'. ,- ..~ ," ' , 'I.:'~", '~~t: ~r ro' ~tf;~ ~~.~:~?'~ ';~",~\,~'l,~ :,;' .~~),'. ..: ' ~ 't~'-'~ ~., ,"<.:;;. . ., \-.-0< . ,<<"... ~. . . . . y- o ..."........ ...s--;.. .;. !f.... '\. " \'"'..... ~.r.'. '.. -~ . .."11..... , '~"" , "'1 ~~-:: ", ., '.' .. ....{-,; .' .." ~:: ,.". \"1.',,, ,.- d!...~~...;.;:..,.~ . '.: ~..~'..i~...L. .... .,' ." -, ~~:; t.::i~. ::~;~) r~'t;. . .~.~'. . .', ,::'1';';':. ~~/ t~'tr;J\~'\. ' ~ ~.,..:~'lii:'(i:cr,~>', i;, B. ~:: . ~/:., " ., .! . LAKE .... ." l " 10:' . ' ,/ , > ') ~ " i~ , . su'S .... ,. )' i ", : ;.: ~"''''' - .' .", ", . " . ..... - ,~\ r~~~\-< 1I't,:<( " , .""'* . '~ c.: " 'f: . \ I ,,' ~ I. '- ~ I , ! :1 !I ~ ~:' ~~..~\ ". ~-<~ ~ :', J' ~l- <. ;~: 1'';'" t \ " ".~~ ;',,\', ,t ',: :f,", ......i.~i..; ,.." ;,::... "\~':' 'r., , ~~. ... t,~.l ~ ' : '... ..j ~ 1II ~ '0 u ~ ~ ~ ~ ;'~J . ,'r'" 'tI.. "SF \..;, '0 ..~" . '\. .,. .,-.~~- . . ___~' ,1) "",,:","": .". . ~ ,-:l, \ ~~'\ t ", :ri'; ,-;', -"\.1,," .~;.;, ,...' ; ~). '~,' .,'. '~'.' .1, f' ",i". ~.v , .:01 '.: .:r! .'"...." .:,.!.: -------_.~ WORTH >- ~ ~ ; ~- .- a~~~:~ ---- 5.0 Archaeological/Historical A preliminary archaeologicallhistorical survey was conducted on the parcel. Their are no historical buildings on the site and any archeological evidence would most likely occur on the shoreline which is slated for preservation. A more detailed study is not recommended. See attached archaeological report by Joe Davis. (Please see Attachment 2) 6.0 Surrounding land Use Residential development abuts the property on both north and south boundaries. There is no land use in the vicinity which precludes development of the parcel (Figure 7). C & N Environmental Consultants, Inc. April 1998 10 i r---~~ I~L ~ ! \0 ~I~ 2 j ~ o 1--3 I !/: -0 <t _j ~13u ~. ? I~ ~V) fIt ~ I~~~ . ,() cl.:L:J P k _ ~ v' i~ ~ g ~ g II _ >- ~ '" ~i < <ll ::: I SC~:: ~ ': ct .~/:. ~- /} %. rI<~!l -- ." = ~ t . \ ~~ , :/! - r::o fi'l ..c==s~ ~,-f ___/ lL u.l~ -< '> - )- :i 3~ 2 uJ :z~ !~ ~ 1- ~ e* ~ ! ~ ~~' 5 ti. "--~--- --------- - - ~. -- r- ___ _ _ _ _ __ __ _ .., ;...".... c" t " " "'- '- t: 1: Q ~ W ~ - u- rn ~ :J ,~ . r < . --~.---l 1.0 I r 2 I. i \ tI ~ I . ~ ::) '- 'J <f ..J I ;, Im~\[ I - '-J l_______"', I _ i :.."",<~-, _ _ ~ _ :;. - ' :l l _ _," " " ~I - - ~', I -11 C''- t < I ~ ;; I ~ - I ~ , 1 ~ _/'~ - - - - j - - - !'\a ~ Wi ..... 5' ~ "' e-. .., - ~ I ~ I - I I I ~ .., 2 ~ I ~ I~ I >- I:J /3 f~ ;1 ! ~ ~ ~ ':i ~< ... . rl zg '" w_ :g '-.., if~7 ~.., 0 I - ":) I I -uJ I i~~~ I I I :) ~ ~ 1- -" -"" ...., .t r., ~'1'''''i-j:)/l.; IYt;l3.:1 IS" r= ~~ l~~ y~~ {Jj-6 f C & N Environmental Consultants, Inc. Attachment 1 April 1998 II Cf~ C&N _nvironmental Con6uJ~- ,n ~ 3, Inc. '" 561-744-7420 · Fax: 561-744-2887 E-mail: cn~nviro@aol.com April 4, 1998 ML Dave Ferrell Fish and Wildlife Biologist U.:8: Fish and Wildlife Service 6620 South Point Drive, S. Suite 310 Jacksonville, Florida 32216 Re: Banyan Cove Residential Development Section f5, Township 45 South, Range 43 East Palm Bea~h CountY, Florida Dear Mr. Ferrell, ~ ,Please find enclosed a site location, map for the above reference1 parcel proposed for development. As part of the environmental assessment for the project, a listed [species survey was conducted for signs of site utilization oy floral or faunal species listed as rare, threatened, endangered, or species of special concern by the Florida Game and Fresh, Water Fish Commission, U. S. Fish and Wildlife Service, and the Department of Agriculture and Consumer Service. I. would like to request any additional information you may have regarding listed flora or fauna species possibly occurring on site. If you have any questions or need additional information, plt~ase do not hesitate to contact me. Sincerely, C & N Environmental Consultants, Inc. Cheryl M. C Sr. Biologist 'CMC/pe Enclosure 98-001 612 N; Orang~ Av~nu~ · Suite D-1 · Jupj~r. Florida 33458 ~ C&N Environmental COn6Urc.ant6, Inc.' . , J ' 561-744-7420 '. Fax: 561-744-2887 E-mail: .cnenvlro@aol.com April 3, 1998 Mr. Ricardo Zam~ranb Wildlife Biologist Florida Game and Fresh ,Water Fish Commission 551 North MilitaryTrail West Palm Beach, FL33415, Re: . Banyan Cove Residential Development Section 15 Township 45 South, Range 43 East Palm Beach County, Florida Dear Mr. Zambrano, Please find enclosed a site. location map for the above referenced parcel proposed, for development. As part of the enviromriental assessment for the project, a listed species survey was conducted for signs of site utilization Ly floral or faunal species listed as rare, threatened, endange,red, or species of special concern _ by the Florida Game and Fresh Water Fish Commission~ U. S. Fish and Wildlife Service, and the Department of Agriculture and Consumer Service. I wo~ld like to request any additional information you may have regarding listed flora or fauna species possibly occurring on site. If you have any questions or need additional information, pleaSe do not hesitate to contact me. I, Sincerely, " .- C & N Environmental Consultants, Inc. \ ter Cheryl M. C Sr. Biologist .. CMC/pe Enclosure 98-00 I 612 N. Orange Avenue · Suite D-1 · Jupiter. Florida 33458 Attachment 2 Archaeological Report C & N Environmental Consultants, Inc. April 1998 12 , .' ..... ,.., &:~.....: )f'!\. -:.~.. ; ." .'" ~ .... .... -.- < ...'t/.,.o:.-,~'.--..l-;"I.~'\":'~ .........:-~.....".~.~~,~ . ........... .< ..,,~ ~~. .:--. . . '.,' Banyan Cove Historic and Archaeological Potential Joe Davis 4/98 Location: The Banyan Cove property is located in Section 22 of Township 45 South, Range 43 East in Boynton Beach, Palm Beach County. Florida. It is comprised of roughly fifteen acres with the western edge fronting U.S. 1 and the eastern boundary being the western shoreline of Lake Worth. " I!..~I" ",-" ....~.~f Present Appearance: Based on an analysis of arial photos dating from 1993, 1977, and 1968 and a ~"",'" ." ",'. pedestrian survey conducted on April 6, 1998 the property is currently in apoor,^stata'b'~"'('Iri",.,M_ of natural preservation. The southern third is composed of fill covered by Australian pines. A post-hole test revealed that the fill overlays original wetland peaty soils. This fill feature projects Into Lake Worth, forming a breakwater which is composed of concrete rubble. Moving northward, another area of fill is encountered, This extends from U.S. 1 all the way to the beach. On either side of this fill are low areas which also have sandy peat substrata overlain by fill. Several houses (visible on the 1968 photo). were once located along this fill elevation but all but the one (in the extreme southwest comer) are now gone. Concrete block rubble and drainpipe fragments were seen on the sur1ace. The central portion of the property is also comprised of sand and rubble fill dumped in irregular piles. The northern portion also has an irregular sunace comprised of sand and fossil sITell dumped in piles. Low spots within this area also contained buried peat horizons. Several concrete structures and a con~rete block wall are located in this area. During the seventies. houses were built along the northeast " ,!,,- . '''',~ corner of the property and a dock constructed into the lake. The southern portion is bordered by a trailor park which was in place by the sixties. Houses and parking lots have existed along the northern boundary since the sixties. The shoreline has filled in ,north of the fill area since 1977. Potential ArChaeological and Historic Resources: ''''.:.,......;..~..~-..'~~' '. '^.~., ..'..1" '." ", .,'" ..., .' ., .' . ... I!' ;.~.., a\-u....~... ~:wo.:. ~l~~tA\&.....-"'ON.I....,..,...,...,., ," , Several historic structures are recorded within a mile of the property but none are recorded on the property I1self. The two fake wells and two covered alcoves may have local historio significance and appear to have been part of a garden with pathways, ponds. and little alcoves based on a Greco-Roman theme. They may have been part of an estate's garden or a tourist attraction. All these structures are built from concrete and loea/limestone rock. Presently, no archaeological sites are recorded with the Florida Master Site File for this area. The shoreline of Lake Worth would have provided a major attraction to people in the past and the likelihood of sites being located around the lake should not be ignored. Nevertheless, the property has seen extensive alterations to its natural topography. It is assumed that clearing and the dumping of ,'.... .... ?: -"'..: ) 1';1. M.~. " ; ,: ~ .:....,'. . Banyan Cove Historic and ArchaeologIcal Potential Joe Davis 4/98 dredged fill on top of the property has had a negative impact ~n any archaeological' ','" ,....'.~:~ sites which might have existed there. Moreover, tests of the soils show that the area was low and marshy prior to the deposition of the fill mal<ing for low site potential. If <:;.;-,'/ j:.,';':-,;~~vri.; nrchc.::ol;:;;:c.:;.1 sites c>:ist on the property, they will most likely be I::;:::~\;d it! V.flc..', V,2..S (;;;gi;,2..il:, UP:dilC :,c:r,",lriock c:long the original shoreline of Lake Worth, It is possible that th~ original upland and shoreline was much closer to U.S.1 prbr to the infilling of the area during this century and if so, has suffer~d...s.e.y,,~re, __.... ,,,~,"'_ . "..... ,'" 'd'arilag'e due to clearing and construction. It is currently felt thaCtIlEfpolerltia:l 'for~". ",""". ,,'~~~ archaeological sites on this property is low. Recommendations: " a 'Phase I' archaeological survey is warranted it should attempt to locate and assess any archaeological sites which may exist on the property. A search of records and ' early aerial photos and maps will pinpoint any historic activity. An effort sho~Jd be made, to determine the nature and age of the structures located in the northern third of the property. If these structures are fifty years or older, they can be recorded with the Florida Master Site File as historic structures. If warranted, an effort should be made to record and preserve them. If existant, prehistoric ,sites will be situated along the originallakeshore in upland soils. If such a geological situation can be located, subsurface tests can be placed along its length. These tests should consist of 25cmX25cm shovel tests dug as deep as possible (typically a meter and a half) and the soil screened through a quarter inch mesh. I estimate a total of two field days and t~o r.esearch days would produce an adequate Phase I assessment of the property. If this project does fall under formal review with the state you can contact the , Compliance and Review Section of the Bureau of Historic Preservation at 850-467- ,.,.'."." ""'.'''2~33 for any further information. ..-"... ..,.".r.,"'.,"""..-.".............<~=.."',.....u_ r:" . Joe Davis MPhl. Cantab. . ~,-'--" "'''-::;';-- '~---t7 ~ / -~----~Z;~ ~ Contract Archaeo gist ' C&N Environmental Consultants, Inc. April 6, 1998 I., ,.~ '~'~":-'f"': ;t: ..-~;':..':1.).....~~."~~~..'" <r.... .... I'" ,. .' .~'" "'~-''''''--', .J..ho~\.'......,~.'''''~",",~ January 19, 1999 Mr. Michael W. Rumpf, Planning Director City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Fl. 33425-0310 RE: Manatee Bay - Site Plan Sign Off Dear Michael; Please find enclosed three (3) copies each of the following items for site plan sign off for the above referenced project; A. Site plan B. Landscape plan C. Building floor plans & elevations D. Color samples and color schemes depicting the colors for the buildings. E. Engineering plans F. Updated surveys G. S.F.W.M.D. permit H. Draft plat I. Easements prepared for Via Lago Association. In addition, please find enclosed responses to the Development Order conditions for approval. The enclosed revised site plan reflects changes / minor adjustments to accommodate improvements to the plan; i.e. the compactor enclosure was shifted east (after discussions with utility department) to improve/enhance geometrics and a horizontal gate configuration; the pool cabana building and pool were adjusted to accommodate the final configuration of the building which was modified and increased (by approximately 400 s.f.) due to increased plumbing fixtures / handicap requirements; and an entry trellis was added on the south side of the entry to improve the aesthetics of the entry and for pedestrians. 1062 Coral Ridge Orive . Coral Springs, Florida 33071 (854) 340-4804 · Fax (854) 344-4608 Page 2 of2 January 20, 1999 /Manatee Bay 'Michael Rumpf /City of Boynton Beach Should you have questions regarding the enclosed, please feel free to contact me. NTIAL REALTY CORP. cc: Dale Lyon Chuck Yannette Jim Drotos Project File lL:\DATA\CONSTlSUSANK\WPWIN6O\PROJECTS\MANATEE\RUMPF. WPD -- - Manatee Bay Apartment Homes Color Scheme Scheme I Scheme II Outriaaer (l SW2202 SW2194 t~IM fA~~ [~~~~~l ~r~ij~ I~ Jm~m I ~W2169 - --<r ~ Scheme III Scheme IV 02125/99 MANATEE BAY BUILDING COLORS SCHEME 1 (BLDGS. # 1, 5, 9 , 13 AND COMPACTOR ENCLOSURE) TWO STORY BUILDING SECOND FLOOR (& STAIRS ON BLDG, # 13) FIRST FLOOR (& ELECTRICAL METER CLOSET DOORS) THREE STORY BUILDING THIRD FLOOR (& STAIRS ON BLDGS. # 1,5, & 9) FIRST & SECOND FLOORS (ELECTRICAL CLOSET DOORS & GARAGE DOORS) ALL HORIZONTAL BANDS. SOFFIT. & ARCH.BANDABO'llE COLUMNS ALL TRIM WINDOW BANDS. SMOOTH STUCCO, COLUMNS, ENTRY DOORS & FRAMES ALL FASCIA $J~HEME 2 (BLDS. # 2, 6, 12, 14, & 8) TWO STORY BUILDING SECOND FLOOR FIRST FLOOR (& ELECTRICAL METER CLOSET DOORS) THREE STORY BUILDING THIRD FLOOR FIRST & SECOND FLOORS (ELECTRICAL CLOSET DOORS & GARAGE DOORS) ALLHORIZOJIITALB,o,JIIIlS~Sj)fElL& ARCH.BANQ,ABOYE COLUMN.S ALL TRIM WINDOW BANDS, SMOOTH STUCCO, COLUMNS. ENTRY DOORS & FRAMES ALL F,o,SCIA SCHEME 3 (BLOGS. #3, 7, 10 & 15) TWQ STORY. BUILDING SECOND FLOOR FIRST FLooR(& ELECTRICAL CLOSET DOORS) THREE STORY BUILDING THIRD FLOOR (& STAIRS ON BLOG #3,7 & 15) FIRST & SECOND FLOORS (ELECTRICAL CLOSET DOORS & GARAGE DOORS) ALL HORIZQNTAL BAN05....S0.FBI.....&..l\RCJ:iBAND,l\BQ.VE.cO.LUMNS ALL TRIM WINDOW BANDS, SMOOTH STUCCO. COLUMNS, ENTRY DOORS & FRAMES ALL FASCIA SCHEMEA SHEET 1 OF 2 LIGHTER SW 2061 NIGHTINGALE DARKER SW 2202 OUTRIGGER LIGHTER SW 2061 NIGHTINGALE DARKER SW 2202 OUTRIGGER LIGHTER SW2053 COASTPOINT SW 2428 COCONUTGROVE SW 2169 SOMBRERO LIGHTER SW 2337 BEACON YELLOW DARKER SW 2194 PRAIRIE SAND LIGHTER SW 2337 BEACON YELLOW DARKER SW 2194 PRAIRIE SAND SW2200 TRAVERTINE SW 2428 COCONUTGROVE SW 2169 SOMBRERO LIGHTER CW 7741W SLIVERED PECAN DARKER SW 2050 OORMER BROWN LIGHTER CW 7741W SLIVERED PECAN DARKER SW 2050 DORMER BROWN SW2205 TOWN HALL TAN SW 2428 COCONUTGROVE (BLOGS. # 4,11. 16. LEASING BLDG., MAINTENANCE BLDG., AND POOL CABANA BLDG.) SW2169 SOMBRERO TWO STORY. BUILDING SECOND FLOOR FIRST FLooR(& ELECTRICAL METER CLOSET DOORS) THREE SJ:ORYBUILDING THIRD FLOOR (& STAIRS ON BLDG. # 11) FIRST & SECOND FLOORS (ELECTRICAL CLOSET DOORS & GARAGE DOORS) ALL HORIZONTAL BANDS, SOFEII. &.AB.CH BAND ABOVE ,COLUMNS ALL TRIM WINDOW BANDS, SMOOTH STUCCO, COLUMNS, ENTRY DOORS & FRAMES ALL .FASCIA LIGHTER SW 2045 BOULEVARD BEIGE DARKER SW 2195 ROADSIDE LIGHTER SW 2045 BOULEVARD BEIGE DARKER SW 2195 ROADSIDE SW2192 SUNPORCH SW 2428 COCONUTGROVE SW 2169 SOMBRERO L- JEE SAY COLORS ING r 2 OF 2 CH BUILOIN~N 'SON~ E#SHO ) WR\l1'ENC~LOR SCHEM THE R 10 OF 2} HEET 1 .. Ii 1~ \.. -. ~ - .-..... February 11, 1999 Mr. Michael W. Rumpf, Planning Director City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Fl. 33425-0310 RE: Manatee Bay (File #NWSP 98-005) Site Plan Sign Off Dear Mr. Rumpf; Please find enclosed responses to comments for site plan sign-off on the above referenced project I Public Works: 1. Construction waste removal is being handled by the City of Boynton Beach. Site clearing and excavation have commenced. 2. We have confirmed with Larry Quinn of the Public Works Department, on February 9, 1999 that the City standard for the trash enclosure is 30' x 10'. The dimension of the enclosure is 30' x 12'-4"(inside dimension) as reflected on the plans. 3. The location, access and configuration of the compactor enclosure was previously approved by the Public Works Department as presently shown. II Enpneern. Division: 4. The concrete curb detail has been revised on the original engineering plans to reflect 18". 5. The cross section has been corrected to show a 27' aisle width, the engineer will include this statement in his certification letter (Enclosed). 6. Enclosed 7. Acknowledged, fee to be determined. III Buildi.. Division: 8. The total building height to the peak as indicated on the plans is 38'_2", the mid point is 32'-4". The master site plan original will be changed to reflect the peak dimension and not the midpoint. The zoning category allows for a 45' height and 4 stories. All buildings on site are 3 stories or less. 1062 Coral Ridge Drive · Coral Springs. Florida 33071 (954) 340-4904 · Fax (954) 344-4608 -. Page 20f2 February 11, 1999 Michael Rumpf / Manatee Bay Should you have questions regarding the enclosed, please feel free to contact me. ENTIAL REALTY CORP. MMH/sk cc: Dale Lyon Chuck Yannette Jim Drotos Project File lL:\DATA\CONST\SUSANK\WPWIN60\PROJECTS\MANATEE\RUMPF.WPD/February II, 1999 RECTIFIED COMMENTS Project name: Manatee Bay (tka Banyan Cove File number: NWSP 98-005 Reference: The plans consist of 44 sheets identified as Rectified Site Plan. File # NWSP 98-005 with a Januarv 20. 1999 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: 1. Waste removal in connection with construction process must be serviced by City of Boynton Beach. Place note on dumpster detail to indicate same. 2. Pad must be 35 feet minimum in length for stationary compactor. 3. Provide free and clear access to container. UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: 4. BUILDING DIVISION Comments: 5. The rectified plans, as submitted, have indicated the total building height at the highest point to be thirty-eight feet, two inches (38'2"). This height exceeds the limits as indicated on the Master Plan. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: Page 2 File Name: Manatee Bay (fka Banyan Cove) File No.: NWSP 98-005 DEPARTMENTS INCLUDE REJECT 8. /bme s:\projects\cond of appr\ ITON SEACH OEV SLOG - - ~ 5613756357 02 ~C'-"')9 17: 09 ISl : 02/02 NO: 805 ."0"( N:i " \~.~~] " ...,.. '- . .' " " .;...} _. .,~.: y.. '1 DEPARTMENT OF DEVELOPMENT MEMORANDUM ENG 99-024 TO: Michael W. Rumpf. Acting Planning & Zoning Manager Ken Hall, Engineering Plan Check Inspectorffechnician CE..... February 9, 1999 MANATEE BAY, SITE SIGN-OFF FROM: DA TE: RE: Prior to Engineering sign-ofT, the applicant shall satisfy the following comments: 4 -Y Revise the "Concrete Curb Detail Type D" of the paving details to show a minimum height of 18" per D.O.T. Standard. lf10 ('C~((Z{::IC c:: l: ~6 ". p~'(L. rt-,A~ \)(Tlrv k-VISd) C'/.-J 'Th~ CK-i6(f,.JAt. (;l\;t."f'lIC1:)'U/t,t pu"'-;'''''i .~ 4. \ Correct section "D-D" of the paving details to show a 27' aisle-way instead of26'. Also. provide a statement verifying tha~ all aisle-ways ha,,:ing 90% st~p,S h. a.ye been desig1!ed with a 27' back-up. d' tan. I1tc c (Z{)SS, '5>~C T HS/l.: 1=t,....-.5 1'7uDv (L(L(lC'Zll-l) TV "5 t-tc v.'; A 7-1' A i :::'i.C JS ceo LUIDI+L 1ttG' t.ivc,f(l...';l.:1L wrl(... (1-..:( l-LVC-m-tS S.\"'j"L/tte,R\ I(IJ ,+15 C ,<:11- \l F \eA. TltN 4:1l'L7L ( f)\) (L-l'S 0) ) Provide an engineer's certification that the drainage will conform to all City rules. regulations and codes including Chapter 6, Article IV, Section 5 of the Land Development Regulations. jZ)vCl--CSq) Prior to issuance of the Land Development Permit a Fee in Lieu of Land Dedication shall be paid based on the acreage requirement per unit (.015) and the cost per developable acre of land per Chapter 1. Article V. of the Land Development Regulations. ~ ,ACiC~tLt:LI:l)h!) F cL 'tv t:.<-- p.,'/l............L\{ I Iv ,.,) , I G ). -1 ~ KRH/ck ,/ C;\My Doc:umenulMl/lltoc BIY. Site Slgn-olT.doc Comments: Utilities: 1. 2. Fire: Police: 8. 9. Manatee Bav - Conditions of Approval 3. Trees have been relocated outside of easement in response to comment. Utility easements have been modified to adjust for general guidelines on proper clearance. Fire flow calculations are included with the engineering plans. 4. All 3 story buildings will be provided with an approved automatic sprinkler system A fire alarm system is provided in all buildings. All turning movements are designed to accommodate a 450 radius. All buildings are designed with building addresses (4' x 4' ceramic Tiles) on the face of building to the internal roadways. All odd numbered buildings units are on the opposite side of the building facing the internal roadway. All units are corner units in the building. A note was added to the lighted entry site plan indicating same. 5. 6. 7. The site plan was amended to reflect those signs that will be lighted. The project was approved by FDOT reflecting the recent improvements and access from U.S. I. Enoineerino: 10. All permits required for construction, where applicable have been provided or will be provided prior to construction. Included with this submittal is the S.F.W.M.D. and FOOT permits. PSC, DERM, LWDD and DEP are not applicable. 11. Additional stop signs and stop bars were provided with the Civil plans. 12. Pavement markings around entrance islands were provided with Civil plans. 13. "Limits of Clear sight" are reflected on the Civil Plans. 14. The extruded curb was replaced with "0" curb. 15. The color of the handicap pavement symbol was changed to white. 16. Double stripes for all parking stalls are reflected in the Civil plans. 17. The extruded curb was replaced with "0" curb. 18. "0" curb is shown on the north and west side of Leasing Office parking. 19. A typical detail for post mounted signs was added to the Civil plans. 20. A copy of the land purchase contract was previously provided. The contract purchase amount was $1,890,000 for the property. ($1,300,000 and $590,000) 21. 22. 23. Buildinq: 24. 25. 26. 27. 28. 29. 30. 31. 32. The engineering plans were modified to reflect the sidewalk to the wall and rip rap relationship accordingly. Cross sections for the pool and lake areas are provided in the Civil plans. A typical section through the parking and drive aisles is provided in the Civil plans. Handicap accessible route was added to the typical floor plans. The architectural plans were corrected to reflect table 600 correctly as previously discussed in a meeting with the Building Department. The closest distance of each building to the property line was added to the plans. The balconies I patios are interchangeable designations for the same space on the 1S\ 2nd, and 3rd floors. The addresses for the buildings was previously submitted and approved. An additional copy is enclosed. A handicap accessible route to the mail room was added to the site plan. The overall height of the buildings was added to architectural plans. The S.F.W.M.D. permit is enclosed. The permit plans are being submitted separately. Planninq and Zoninq: 33. Curbing is provided for any landscape strip and vehicular landscape areas. 34. The handicap symbol dimensions were modified as -required. 35. An updated survey is provided. 36. The site plan was subject of a S.F.W.M.D. ERP permit. DEP is not applicable 37. The Palm Beach County Traffic Division previously confirmed that the project conforms to the County's traffic performance standards. 38. The plant sizes were amended. 39. The Color scheme and list is enclosed. 40. The color scheme and list indicates the paint color program for all buildings. 41. A color rendering was provided prior to the commission hearing. 42. Finish floor elevations are included for all buildings. 43. The dock and gazebo area will be illuminated. 44. The Via Lago Association agreed to the 3 story building height for building #15 at the project approval commission meeting. 45. Required landscaping was provided to the end of the parking area. 46. The light pole and meter will be removed during construction. 47. Details of the outfall pipe are included with the Civil plans. 48. Water quality pretreatment is provided by the exfiltration and lake system. 49. The CI hedge was continued at the NW corner of the property. 50. Abandonment petitions were previously submitted to the city. 51. A copy of the easement grant to Via Lago Association is enclosed. 52. The column and aluminum fence portion of the sign wall was deleted. 53. The site lighting plans are enclosed. 54. A cross section detail is privided in the landscape plans. 55. See #5. 56. See #44. 57. See #48 58. See #51 ~..oIIIIII; ,_ J~- 1 ' l:IDJI,TH\\CONSTlStlSANK\WPWIN60IPROJECTSIMANA TEEICONDIT WPD --~ ..n R ~ n I,',!I \S rnJl ~ (l\-1..'-\ ~ ~\1\1 F\:.~ \ 6 \999 Engineering Surveying PlannIng ~_ _ .a · .. .. - SHAH - . - -.- - - -.- ~.LC1 DRamS &ASSOCIATES PLANN1NGE'AptND tONING {) . 1885 W. Commercial Blvd. Suite 190 Ft. Lauderdale. FL 33309 PH: (954] 776-7604 FAX: (954) 776-7608 February 11, 1999 City of Boynton Beach Engineering Department P. O. Box 310 Boynton Beach, Florida 33425 RE: Manatee Bay SDA PROJECT NO. 98-0408 Gentlemen: I hereby certify, to the best of my knowledge and belief, that the Manatee Bay water management system has been designed in accordance with the codes and regulations of the City of Boynton Beach, and Land Development Regulations Chapter 6. The plans and calculations also comply with the rules and regulations of the South Florida Water Management District and Lake Worth Drainage District. All driving isles where 90 degree back out parking occurs have been designed at 27' width. If you have any questions, please do not hesitate to contact this office. Yours truly, SHAH, DROTOS AND ASSOCIATES, P.A. ~- (c56 ~~:s F. Drotos, P.E. Florida Registration No. 35505 JFD/pe JIM 408.001waler,mgmlcertif South Florida \Vater Management District 3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800. FL WATS 1-800-432-2045 TDD (561) 697-2574 CON 24-06 Regulation Department Application No.: 981209-10 December 15. 1998 Olen Development 1062 Coral Ridge Drive Coral Springs. FL 33071 Dear Permittee: Subject: Environmental Resource Standard General Permit Incidental Site Activities App 1 i cati on No. : 981209-10 Project : BANYAN COVE Location : Palm Beach County, SI5/T45S/R43E This letter is to notify you of the District's agency action concerning your application for an Environmental Resource Standard General Incidental Site Activities Permit. This action is taken pursuant to Rule 40E-l.603 and Chapter 40E-40, Florida Administrative Code. Based on the information provided. District rules have been adhered to and an Environmental Resource Standard General Incidental Site Activities Permit is in effect for: LAND CLEARING IN UPLANDS, EARTHWORK, LAKE CONSTRUCTION, ROAD AND SUBGRADE CONSTRUCTION. NO CONSTRUCTION OR EARTHWORK WITHIN 50' OF WETLANDS OR WETLAND BUFFER AND NO EXCAVATION WITHIN 200' OF WETLANDS OR WETLAND BUFFER. Subject to: 1. Not receiving a timely filed request for a Chapter 120, Florida Statutes. administrative hearing. and 2. the enclosed General Conditions. Governing Board: Frank Williamson, Jr., Chairman Eugene K. Pettis, Vice Chairman IVlitchell W. R"r:,:~r V era l\tl. Carter William E. Graham William Hammann Richard A. Machek Michael D. Minton Mir;?m Singer Samuel E. Poole III, Executive Director Michael Slayton, Deputy Executive Director M'lili!l:'; Address: P.O. Box 246~O, ,. '5t Palm Beach, FL 3341 ()-4680 BANYAN COVE Subject: Environmental Resource Standard General Permit Incidental Site Activities December 15, 1998 Page 2 Should you object to these Conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review to the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you prior to the date specified in the "Notice of Rights", we will assume that you concur with the District's recommendation. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a "Noti ce of Ri ghts" has been mail ed to the addressee not later than 5:00 p.m. this 15th day of December, 1998, in accordance with Section 120.60(3), Florida Statutes. Carlos A. de Rojas, P.E. Sr Supv Engineer West Palm Beach Service Center CD/cd Certified Mail No. P 370 995 539 Enclosures c: P.B.C. Building Department P.B.C. Environmental Resources Management P.B.C. Land Development Division Palm Beach County Engineer SHAH DROTOS AND ASSOCIATES NOTICE OF RIGHTS Section 120.569(1), Fla. Stat. (1997), requires that "each notice shall inform the recipient of any administrative hearing or judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be followed to obtain the hearing or judicial review, and shall state the time limits which apply." Please note that this Notice of Rights is not intended to provide legal advice. Not a/1 the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. Petition tor Administrative Proceedings 1. A person whose substantial interests are affected by the South Florida Water Management District's (SFWMD) action has the right to request an administrative hearing on that action. The affected person may request either a formaf or an informal hearing, as set forth below. A point ot entry into administrative proceedings is governed by Rules 28-106.111 and 40E-1.511, Fla. Admin. Code, (also published as an exception to the Uniform Rules of Procedure as Rule 40E-0./09), as set forth below. Petitions are deemed filed upon receipt of the original documents by the SFWMD Clerk. a. Formal Administrative Hearinq: If a genuine issue(s) of material fact is in dispute, the affected person seeking a formal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(1), Ffa. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-106.201(2), Fla. ,Admin. Code, a copy of the which is attached to this Notice of Rights. b. Informal Administrative Hearing: If there are no ~ales of material fact in dispute, the affected pel'"SOll seeking an informal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuallt to Sectbns 120.569 and 120.57(2), F1a Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-106.301(2), Fla. Admin. Code, a copy of the which is attached to this Notice 0.1 Rights. c. Administrative Complaint and Order: If a Respondent objects to a SFWMD Administrative Complaint and Order, pursuant to Section 373.119, Fla. Stat. (1997), the person named in the Administrative Complaint and Order may file a petition for a hearing no later than 14 days after the date such order is served. Petitions must substantially comply with the requirements of either subsection a. or b. above. d. State Lands Environmental Resource Permit: Pursuant to Section 373.427, Fla. Stat., and Rule 40E-1.511 (3), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- O. 1 09(2) (c)) , a petition objecting to the SFWMD's agency action regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands (SLERPs), must be filed within 14 days of the notice of consolidated intent to grant or deny the SLERP. Petitions must substantially comply with the requirements of either subsection a. or b. above. e. Emerqency Authorization and Order: A person whose substantial interests are affected by a SFWMD Emergency Authorization and Order, has a right to file a petition under Sections 120.569, 120.57(1), and 120.57(2), Fla. Stat., as provided in subsections a. and b, above. However, the person, or the agent of the person responsible for causing or contributing to the emergency conditions shall take whatever action necessary to cause immediate compliance with the terms of the Emergency Authorization and Order. f. Order for Emeroencv Action: A person whose substantial interests are affected by a SFWMD Order for Emergency Action has a right to file a petition pursuant to Rules 28-107.005 and 4OE-1.611, Ra. Admin. Code, copies of which are attached to this Notice of Rights, and Section 373.119(3), Fla. Stal, for a hearing on the Order. Any subsequent agency action or proposed agenGY action to initiate a formal revocation proceeding shall be separately noticed pursuant to section g. below~ g. Permit Suspension. Revocation, Annulment. and Withdrawal: If the SFWMD issues an administrative complaint to suspend, revoke, annul, or withdraw a permit, the permittee may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Fla. Stat., within 21 days of either written notice through mail or posting or publication of notice that .the SFWMD has or intends to take final agency actIon. Petitions must substantially comply with the requirements of Rule 28-107.004(3), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. 2. I::)ecause the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the SFWMD's final action n:ay be different from the position taken by it previously Persons whose substantia} interests may be affected by On\/F.nd"';uly 1, ~9'-='= any such final decision of the SFWMD shaH have, pursuant to Rule 40E-1.511(2), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E-0.109(2)(c)), an additional 21 days from the date of receipt of notice of said decision to request an administrative hearing. However, the scope of the administrative hearing shall be limited to the substantial deviation. 3. Pursuant to Rule 40E-1.511 (4), Fla. Admin. Code, substantially affected persons entitled to a hearing pursuant to Section 120.57(1), Fla. Stat., may waive their right to such a hearing and request an informal hearing before the Governing Board pursuant to Section 120.57(2), Fla. Stat., which may be granted at the option of the Governing Board. 4. Pursuant to Rule 28-106.111 (3), Fla. Admin. Code, persons may tile with the SFWMD a request for extension of time tor filing a petition. The SFWMO, for good cause shown, may grant the extension. The request for extension must contain a certificate that the petitioner has consulted with all other parties, if any, concerning the extension and that the SFWMD and all other parties agree to the extension. CIRCUIT COURT 5. Pursuant to Section 373.617, Fla. Stat.. any substantially affected person who claims that final agency action of the SFWMD relating to permit decisions constitutes an unconstitutional taking of property without just compensation may seek judicial review of the action in circuit court by filing a civil action in the circuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMO's final agency action. 6. Pursuant to Section 403.412, Fla. Stat., any citizen of Florida may bring an action for injunctive relief against the SFWMD to compel the- SFWMD to enforce the laws of Chapter 373, Fla. Stat., and Title 4OE, Fla. Admin. Code. The complaining party must file with the SFWMD CIer1< a verified complaint setting forth the facts upon which the complaint is based and the manner in which the complaining party is affected. If the SFWMD does not take appropriate action on the complaint within 30 days of receipt, the complaining ~arty may then file a civil suit for injunctive relief in the 15 Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7. Pursuant to Section 373.433, Fla. Stat., a private citizen of Florida may file suit in circuit court to require the abatement of any storm water management system, rl~m, impoundment, reservoir, appurtenant work or Narks that violate the provisions of Chapter 373, Fla. Stat. - -- - --- ---~- - ~---- -- viS, RICT couni 0F APPEAL 8. Pursuanl to Section 120,68, Fla, Stat, a panv Nho IS adversely affected by final SFWMD action may s,<yek JudICIal review of the SFWMD's final decision by filing -3, notICe of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate distnct 'INhere a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days ot rendering of the final SFWMD action. lAND AND WATER ADJUDICATORY COMMISSION 9. A party to a "proceeding befow" may seek review by the Land and Water Adjudicatory Commission (LAWAC) of SFWMD's final agency action to determine if such action is consistent with the provisions and purposes of Chapter 373, Ra. Stat. Pursuant to Section 373.114, Fla. Stat., and Rules 42-2.013 and 42-2.0132, Fla. Admin. Code. a request tor review of (a) an order or rule of the SFWMD must be filed with LAWAC within 20 days after rendition of the order or adoption of the rule sought to be reviewed; (b) an order of the Department of Environmental Protection (DEP) requiring amendment or repeal of a SFWMD rule must be filed with LAW AC within 30 days at rendition of the DEP's order, and (c) a SFWMD order entered pursuant to a formal administrative hearing under Section 120.57(1), Fla. Stat., must be tiled no later than 20 days atter rendition of the SFWMO's final order. Simultaneous with filing, a copy of the request for review must be served on the DEP Secretary, any person named in the SFWMD or DEP final order, and all parties to the proceeding below. A copy of Rule 42-2.013, Fla. Admin. Code is attached to this Notice of Rights. PRIVATE PROPERTY RIGHTS PROTECTION ACT 10. A property owner who alleges a specific action of the SFWMD has inordinately burdened an existing use ot the real property, or a vested right to a specific use of the real property, may file a claim in the circuit court where the real property is located within 1 year of the SFWMD action pursuant to the procedures set forth in Subsection 70'()01{4)(a), Fla. Stat. lAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION 11. A property owner who alleges that a SFWMD development order (as that term is defined in Section 70.51 (2}(a) , Fla. Stat. to include permits) or SFWMD enforcement action is unreasonable, or unfairly burdens the use of the real property, may file a request for relief with the SFWMD within 30 days of receipt of the SFWMD's order or notice of agency action pursuant to the procedures set forth in Subsections 70.51 (4) and (6), Fla. Stat. , MEDIATION 12. A person whose substantial interests are, or may be, affected by the SFWMD's action may choose mediation as an altemative remedy under Section 120.573, Fla. Stat. Pursuant to Rule 28-106,111 (2), Fla. Admin, Code, the petition for mediation shall be filed within 21 days of either written notice through mail or posting or '} I ~'-1\~' n.'i I, ,Iv ~ 100P publication of notice that the SFWMD has or intends to take final agency action. Choosing mediation will not adversely affect the right to an administrative hearing if mediation does not result in settlement. Pursuant to Rule 28-106.402, Fla. Admin. Code, the contents of the petition for mediation shall contain the follO'wving infonnation: (1) the name, address, and telephone number of the person requesting mediation and that person's representative, if any; (2) a statement of the preliminary agency action; (3) an explanation of how the person's substantial interests will be affected by the agency detennination; and (4) a statement of relief sought. As provided in Section 120.573, Fla. Stat. (1997), the timely agreement of all the parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Fla. Stat., for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within 60 days of the execution of the agreement If mediation results in settlement of the dispute, the SFWMD must enter a final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified agency decision have a right to petition for hearing within 21 days of receipt of the final order in accordance with the requirements of Sections 120.569 and 120.57, Fla. Stat., and SFWMD Rule 28-106;201(2), Fla. Admin. Code. tf mediation teoninates without settlement of the dispute, the SFWMD shall notify all parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Fla. Stat., remain -available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action. Yf.RIANCE5 ANU WAIVeRS 13. A person who is subject to regulation pursuant to a SFWMD rule and believes the application of that rule will create a substantial hardship or will violate principles of fairness (as those teons are defined in Subsection 120.542(2), Ra. Stat.) and can demonstrate that the purpose of the undertying statute will be or has been achieved by other means, may file a petition with the SFWMD Clerk requesting a variance from or waiver of the SFWMD rule. Applying for a variance or waiver does not substitute or extend the time for filing a petition for an administrative hearing or exercising any other right that a person may have concerning the SFWMD's action. Pursuant to Rule 28-104.002(2), Fla. Admin. Code, the petition must include the following information: (a) the caption shall read: Petition for (Variance from) or (yVaiver of) Rule (Citation) (b) The name, address, telephone number and any facsimile number of the petitioner; (c) The name, address telephone number and any facsimile number of the attorney or qualdied representative of the petitioner, (if any); (d) the applicable rule or portion of the rule; (e) the citation to the statue the rule IS implementing; (f) the type of action requested; (g) the specific facts that demonstrate a substantial hardship or violation of principals of faimess that would justify a waiver or variance for the petitioner; (h) the reason why the variance or the waiver requested would serve the purposes of the undertying statute; and (i) a statement of whether the variance or waiver is pennanent or temporary, If the variance or waiver is temporary, the petition shall include the dates indicating the duration of the requested variance or waiver. A person requesting an emergency variance from or waiver of a SFWMD rule must clearly so state in the caption of the petition. In addition to the requirements of Section 120.542(5), Fla. Stat. pursuant to Rule 28- 104.004(2), Fla. Admin. Code, the petition must also include: a) the specific facts that make the situation an emergency; and b) the specific facts to show that the petitioner will suffer immediate adverse effect unless the variance or waiver is issued by the SFWMD more expeditiously than the applicable tirneframes set forth in Section 120.542, Fla. Stat. W AlYER OF RIGHTS 14. Failure to observe the relevant time frames prescribed above will constitute a waiver of such right. 28-106.201 INmATION OF PROCEEDll\!3S (1NV0l.VI'4G OCSPUTED ISSUES OF MATERIAL FACT) (2) All petitions filed under these rules shall contain: , I (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, a:1d telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts al~~ged, as well as the rules and statutes which entitle the petttloner to relief; and (f) A demand for relief. .., .) Rovisod July 1. 1996 28-106.301 INITIATION OF PROCEEDINGS (NOT INVOlVING DISPUTED ISSUES OF MATERiAL FACT) (2) All petitions filed under these rules shall contaIn: (a) The name and address of each agency affected and each agency's file or identification number, ff known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, wflich shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (e) A demand for relief. 28-107.004 SUSPENSION, REVOCATION, ANNULMENT, OR WITHDRAWAL (3) Requests for hearing filed in accordance with this rule shall include: (a) The name and address of the party making the request, for purposes of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. 42-2.013 REQUEST FOR REVIEW PURSUANT TO SECTION 373.114 OR 373.217 (1) In any proceeding arising under Chapter 373, F.S., review by the Florida Land and Water Adjudicatory Commission may be initiated by the Department or a party by filing a request for such review with the Secretary of the Commission and serving a copy on any person named in the rule or order, and on all parties to the proceeding which resulted in the order sought to be reviewed. A certifICate of service showing completion of service as required by this subsection shall be a requirement for a detennination of sufficiency under Rule 42-2.0132. Failure to file the request with the Commission within the time period provided in Rule 42-2.0132 shall result in dismissal of the request for review. (2) l11e request for review shall identify the rule or order requested to be reviewed, the proceeding in which the rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be attached. The. request for review shall state with particularity: (a) How the order or rule conflicts with the requirements, provisions and purposes of Chapter 373, F.S., or rules duly adopted thereunder; (b) How ttle rule or order sought to be reviewed afl<..'Cts the interests of the party seeking review; (c) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated In a proceeding previously instituted pursuant to Chapter 120, F.S., on the order for which review is sought; (d) (f review of an order is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or whether the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and (e) The action requested to be taken by the Commission as a result of the review, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule. 28-107.005 EMERGENCY ACTION (1) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency action, the agency shall summarily suspend, limit, or restrict a license. (2) the 14-day notice requirement of Section 120.569(2)(b), F. S., does not apply and shall not be construed to prevent a hearing at the earliest time practicable upon request of an aggrieved party. (3) Unless otherwise provided by law, within 20 days after emergency action taken pursuant to paragraph (1) of this rule, the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120.569,120.57. and 120.60, F.S. 40E-1.611 EMERGENCY ACTION (1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works ~f the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may em~loy ~he resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the ~ve.nt an emergency order has been issued, after the eXpiration of the requisite time for compliance with that order. 4 n~..~,.....~,~ 1.1 ' .--' General Conditions for Environmental Resource Standard General Permit Incidental Site Activities 1. THE STANDARD GENERAL PERMITS AUTHORIZED PURSUANT TO THIS CHAPTER SHALL BE SUBJECT TO THE GENERAL CONDITIONS SET FORTH IN RULE 40E-4.381, F.A.C. 2. THE PERMITTEE SHALL NOT CONSTRUCT ANY WORKS OR ENGAGE IN ANY LAND CLEARING ACTIVITIES WITHIN 50 FEET OF THE LANDWARD EXTENT OF WETLANDS OR OTHER SURFACE WATERS OR PROPOSED UPLAND PRESERVATION AREAS ON THE PROJECT SITE. 3. THE PERMITTEE SHALL EXCAVATE NO CLOSER THAN 200 FEET OF THE LANDWARD EXTENT OF WETLANDS OR OTHER SURFACE WATERS ON THE PROJECT SITE, OR AS OTHERWISE SPECIFIED IN THE PERMIT. 4. THE PROPERTY MUST BE RESTORED TO THE SATISFACTION OF THE DISTRICT IF THE INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT IS DENIED OR THE PERMITTED PROJECT IS OTHERWISE NOT IN ACCORD WITH THE INCIDENTAL SITE ACTIVITIES AUTHORIZED HEREIN. 5. ANY DAMAGE TO OFF-SITE PROPERTY WHICH MAY HAVE BEEN CAUSED BY THE INCIDENTAL SITE ACTIVITIES HEREIN MUST BE MITIGATED OR OTHERWISE OFFSET TO THE SATISFACTION OF THE DISTRICT. 6. THE ACTIVITIES ARE COMMENCED AT THE PERMITTEE'S OWN RISK. 7. THE PERMITTEE SHALL PROCEED TO TIMELY OBTAIN THE INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT. This instrument prepared by: (and return to) Mark M. Hansen Olen Residential Realty Corp. 1062 Coral Ridge Drive Coral Ridge, FI 33071 rI;(Q)WJ"YI GRANT OF WALL EASEMENT KNOWN ALL MEN BY THESE PRESENTS that, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, the receipt for which is hereby acknowledged, ORRC ENCUMBRANCE CORP. (being herein referred to as "Grantor") having its principal place of business at 1062 Coral Ridge Drive, Coral Springs, Florida 33071, does hereby grant to VIA LAGO CONDOMINIUM ASSOC.. INC. (herein referred to as "Grantee") having its principal place of business at 57725 Corporate Way #203, West Palm Beach, FI 33407, its successors and assigns, a perpetual non.:exclusive Easement forthe purpose of owning and maintaining a CBS wall on those certain lands lying situated and being in Section 15, Township 45 South, Range 43 East in Palm Beach County, Florida and being more particularly described in Exhibit "A" attached hereto and made a part hereof by reference, hereinafter "Subject Property." TOGETHER WITH a perpetual Easement for access, ingress and egress over, upon and across the Subject Property for the purpose of maintaining, restoring, constructingJ and reconstructing the walls located upon the Subject Property; provided that GranteeJ its successors and assigns, shall restore the Subject Property to the pre-existing condition upon completion of such work; and further provided that Grantee, its successors and assigns, shall: 1) provide Grantor, its successors and assigns, with reasonable advance notice of such access, ingress, or egress; and 2) conduct any activities contemplated by this paragraph in such a manner so as to minimize interference with the owner (s) or occupant (s) of the Subject Property. RESERVING unto Grantor the right and privilege to use the Subject Property for all purposes except as might interfere with Grantee's use, occupation or enjoyment, or as might cause a hazardous condition. FURTHER reserving unto Grantor the right to grant easements over, under, across and through the Subject Property to third parties for purposes not inconsistent with the rights granted herein. Grantor hereof hereby covenants with Grantee that it is lawfully seized and in possession of the Subject Property that it has good and lawful right to grant the aforesaid Easement. Signed, sealed and delivered in the presence of: GRANTOR: ORRC ENCUMBRANCE CORP, By: Mark M. Hansen, Vice President Witness Print name Witness Print Name STATE OF FLORIDA ) COUNTY OF BROWARD) The foregoing instrument was acknowledged before me this _ day of , 1998, by Mark M. HansenJ Vice President of DevelopmentJ respectively, of ORRC ENCUMBRANCE CORP.J a Florida corporation, on behalf of the corporation, who are personally known to me and who did not take an oath. My Commission Expires: NOTARY PUBLIC SIGNATURE Print Name DESCRIPTION & SKETCH PREPARED FOR: OLEN CORPORATION W ALL EASEMENT .... VIA LA GO PLAT NO.1 >- -< ~ e:: CzJ ::ce- e--< e::~ o ~-1 <r: CzJe- ::c:cn <r:<r: -10 u -< e:: e- z o Z :>- <r: ~ :r: '-' - :r: en :;;) VICINITY MAP NOT TO SCALE SURVEYOR'S NOTES: 1. THIS DRAWING IS NOT A SURVEY. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. .3 THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAl DESCRIPTION. THE LEGAl DESCRIPTION IS NOT VAliD UNLESS BOTH ACCOMPANY EACH OTHER. 4. THIS LEGAl DESCRIPTION IS A FLORIDA LICENSED SU 10 WITHOUT THE SIGNATURE AND THE ORIGINAl RAISED SEAl OF PER EMPLOYED BY lIDBERG LAND SURVEYING. INC. ABBREVIATIONS: P.O.B. . POINT OF BEGINNING P.O.C.. POINT OF COMMENCEMENT O.R.B. . OFFICiAl RECORD BOOK CAD. K:\ USTATlON \SfCTlON 15-45-43 \ 04083038 \ 04083038,DGN REF. K:\ USTATlON \SfCTlON 1,5-45-43 \ 9B-U40 \ 9B'040,DGN FLo. FB. PC. JOB 98-040(30381 OFF. RW, oA TE 01/12/98 CICo. O,C.l. SHEE T 1 OF 5 oWC. A9B-040D .,,\;5 45A~;.'';~()tj(;3b\0408303b,dgn Jan. 13,1999 14:2108 I~~ LIDBERG LAND ta..SURVEYING, INC. 675 West Indiantown Road. Suite 200. ./'" Florida 33458 TEL. 561-746-8454 LB4431 DESCRIPTION & SKETCH PREPARED FOR: OLEN CORPORATION W ALL EASEMENT LEGAL DESCRIPTION: A parcel of land lying in Section 15. Township 45 South. Range 43 East. Boynton Beach. Palm Beach County. Florida. and being a portion of Lot 17 of SAM BROWN JR.'S SUBDIVISION. as recorded in Plat Book 1 at Page 81. of the Publ ic Records of Palm Beach County. Florida. said parcel being more particularly described as fol lOws: Commencing at the southwest corner of the Plat of VIA LAGO PLAT NO.1. as recorded in Plat Book 39. pages 135 and 136. Publ ic Records of Palm Beach County. Florida. thence along the South I ine of said Plat. South 82023'00" East. a distance of 35.00 feet; thence continue along said South I ine North 68037'00" East. a distance of 23.95 feet to the POINT OF BEGINNING; thence continue North 68037'00" East. a distance of 55.58 feet; thence North 90000'00" East. a distance of 19.51 feet; thence departing said South line South 68015'49" West. a distance 12.86 feet; thence North 24014'45" West. a distance of 4.20 feet; thence South 68051'15/1 West. a distance of 34.48 feet; thence South 67034'51" West. a distance of 26,15 feet; thence North 22025'09/1 West. a distance of 3,33 feet to the POINT OF BEGINNING. Containing in al I 210 square feet more or less. CAD. K;\ US/AT/ON \SECTION 15-45-4J \ 040BJOJ8 \ 040BJOJRDGN REF. K;\ US/AT/ON \SECT/ON 15'45-4J \ 9B'040 \ 9B'040,OGN FLD. FB. PC. J08 98-040(JOJ8) SHEET 2 OF 5 DWC. A98-040D Il~ LIDBERG LAND ta..SURVEYING, INC. 675 Wltsl Indianlown Rood. Suillf 200. LB4431 JuD;11N Florido 33458 TEL. 561.746-8454 OFF. R w, CKD. O,C[, DA TE 01/12/98 ,..\15A5-43\040C303lJ\0408303bdgn Jan, 13, 1999 14/<:1 19 I~'" LIDBERG LAND Ia..SURVEYING, INC. 675 West Indiontown Rood. Suite 200. LB4431 'ter Florida 33458 TEL. 561-746-8454 DESCRIPTION & SKETCH PREPARED FOR: OLEN CORPORATION W ALL EASEMENT 20 10 o 20 GRAPHIC SCALE IN FEET VIA LAGO PLAT NO.1 (PLAT BOOK 39. PAGES 135 & 136) TRACT 0 N90000'00"E 19.51' N24014'45"W 4.20' POINT OF COMMENCEMENT SOUTHWEST CORNER OF THE PLAT OF VIA LAGO PLAT NO,1 LOT 17 SAM BROWN JR.'S SUBDIVISION (PLAT BOOK 1. PAGE 81> CAD. K:\ UST ATlON \SECTlON 15'45-43 \ 0408303B \ 0408303B.DGN REf. In UST AT/ON \SECTION 15-45'43 \ 98-040 \ 98'040,DGN FLD. FB. pc. JOB 98-0401303B) OFF. R. W, OA TE 07/12/9B CKD. 0 C.L SHEET 3 OF 5 DWC. A9B-040D ,,,11S,45,43\0408303b\0403JOJb,cJ;jI" Jdil, 13. 1999 14:22:48 2.15'49"W 12.86' DESCRIPTION & SKETCH PREPARED FOR: OLEN CORPORATION W ALL EASEMENT LEGAL DESCRIPTION: A parcel of land lying in Section 15. Township 45 South. Range 43 East. Boynton Beach. Palm Beach County. Florida. and being a portion of Lot 17 of SAM BROWN JR.'S SUBDIVISION. as recorded in Plat Book 1 at Page 81. of the Publ ic Records of Palm Beach County. Florida. said parcel being more particularly described as fol lows: Commencing at the southeast corner of the Plat of VIA LAGO PLAT NO.1. as recorded in Plat Book 39. pages 135 and 136. Publ ic Records of Palm Beach County. Florida. said corner also being the southeast corner of Tract H of said Plat. thence along the South I ine of said Plat and the South I ine of said Tract H. North 76041 '01" West. a distance of 37.76 feet to the POINT OF BEGINNING: thence departing said South I ine South 13051'53" West. a distance 2.42 feet: thence North 76008'07" West. a distance of 31.94 feet: thence North 13051'52" East. a distance of 2.11 feet to a point on the aforesaid South I ine: thence along said South I ine South 76041'01" East a distance of 31.94 feet to the POINT OF BEGINNING. Containing in al I 72 square feet more or less. CAD. K:\ USTATlON \SrCTlON 15-45-4J \ 040BJOJ8 \ 040BJOJ8.DGN RE.F. K:\ USTATION \SrCTION 15-45-4J \ 9B'040 \ 9B-040,DGN FLD. FB. PC. I JOB 9B,040UOJ6J OFF. R,W, 'DATE 01/12/9B CKD. 0 CL SHEE T 4 OF 5 I owe. A9B-040D H\15-4S-43\0408303b\0408303b,dgn Jan, 13, 1 ~99 14:23:50 I~~ LID BERG LAND ~SURVEYING, INC. 675 West IndiontoWfl Rood. Suitll 200. LB4431 Ju,,;ter Florido 33458 TEL. 56/-746-8454 DESCRIPTION & SKETCH PREPARED FOR: OLEN CORPORATION W ALL EASEMENT 20 10 0 20 I GRAPHIC SCALE IN FEET VIA LA GO PLAT NO.1 (PLAT BOOK 39. PAGES 135 & 136) TRACT H N13051'52"E 2.11' S130 51'53"W ~ 2.42' POINT OF COMMENCEMENT SOUTHEAST CORNER OF THE PLAT OF VIA LAGO PLAT NO.1 AND THE SOUTHEAST CORNER OF TRACT H SAM BROWN JR.'S SUBDIVISION (PLAT BOOK 1. PAGE 81> OFF. R,W, OA TE 01112/98 ~,~ LID BERG LAND ~SURVEYING, INC. LB4431 675 West Indionlown Rood. Suite 200. 't~ FlOridc .].]158 TEL. S61-746-8454 CAD. K:\ USTATlON \SECTlON 15-45-43 \ 04083038 \ 0408303RDGN REF. K:\ USTATlON \SECTION 15-45-43 \ 98-040 \ 98-040,DGN FLD. FB. PG. JOB 98-040C303B) CKO. 0 C,[. SHEE T 5 OF' 5 OWG. A98-040D ,.,\15,45-43\040B303b\040B30:J",Ugl1 Jan, 13. 1999 14:24:29 V. """0 LAWTON CHll.ES GOVERNOR DEPARTMENT OF TRANSPORTATION FLORIDA hUp:/fwww.dol..tale.n.w THOMAS F. BARRY,JR. SECRETARY DISTRICT FOUR - Penn its Office 3400 West Commercial Boulevard Fl. Lauderdale, Florida 33309-3421 Telephone (954) 777-4383, Fax (954) 677-7893 clark.turberville@dot.stale.n.us March 12, 1998 THIS PRE-APPLICATION FINDING MAY NOT BE USED AS A BASIS FOR PERMIT APPROVAL AFTER Septem ber 12, 1998 THIS DOCUMENT IS NOT A PERMIT APPROVAL Mr. Jim Drotos, P.E. Shaw Drotos & Associates 1885 W. Commercial Blvd., Suite 190 Fort Lauderdale, Florida 33309 Dear Mr. Drotos: RE: Pre-application Review for vehicular access connection (V AC) permit request Permit Number N/A, State Section 93010, State Road 5, Approx. M.P. 14.139, east side Posted Speed 40 m.p.h., Access Class 5, Connection Category C Palm Beach County, Urban Section, In the City of Boynton Beach Request: Full access at existing median opening approx. 2500' north ofNE 10th Avenue Applicant: Olen Development Corp., Property Owner: AJ., Inc. & K.W. Brown Investments Business Name & Address: Via Lago Apartments A Pre-application Review of the subject project was conducted at your request March 12, 1998. The purpose of the Pre-application Review for V AC is to establish agreement on the permit category, number, type, and general location of V ACs of the applicant's property to the State highway. We have given the plan, as presented, as thorough a review as possible at this point and our comments or findings are as follows: We approve the concept as submitted and we invite you to submit a permit application package to the local maintenance office with engineering drawings that reflect the concept approved here. Please include a copy of this letter with the application. Comments: Dimensions between features are from the near edge of each feature unless otherwise indicated. Favorable review ofthe proposal generally means that you may develop plans complying with the Review comments and submit them, within six months, to the Department for permit processing. When permit requests are submitted subsequent to a Pre-application Review, Department permits personnel have the duties of checking the viability of the design plans in terms of standards compliance and constructibility. In keeping with the spirit of the Rule, the Department will attempt to abide with the Review comments favorable to your plan to the extent that necessary discretion is available to the Permits Engineer. Unfavorable review generally means that a permit application based on the design proposal would likely be denied. If you should have any questions please contact us at the telephone number or E-mail address shown above. CDT/jma cc: Jan Thakkar, P.E. Andy Vailancourt, P.E. Alan Rothmann File: 6520.02/ f:\users\permil_ d\permit\conceptu\olendev .mar @ RECYCLED PAPER / . "'- .J <. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ~r-1 \\\\ rn? S_...TE HIGHWAY PERMITAPPLICA1\~V"~ ~.Ll.\l~JU- COMPLETENESS REVIEW \ ~ ~u. sy \ \\ 0 C1 ~ 1 '990 \ ~\.\ 'JDC:l-r ...... Additional information is required on the below referenced Permu..App1ication / - FORM 850-04ll-21 NNING . 11/94 Page I of3 , .'>::.:\pAkTl:A.PPLICAN'}'INFQRMA TION:/: .. .. ... .' - -.." ". ..... .-..... . ... APPLICA TION NUMBER: 98-A-496-0096-930 I 0 PROJECT NAME: Remove exist curbing. match new pavt (Banyan Cove) SR 5: n/o C-16 canal Name of Applicant or authorized agent: Olen Development c/o Mark Hansen Name of Organization: Olen Development c/o Mark Hansen Mailing Address: 1062 Coral Ridge Drive Coral Springs. FL 33071 Engineer, Consultant or Project Manager: Ed Flavin - Shah Drotos & Associates Address: 1885 W. Commercial Blvd. Suite 190 Ft Lauderdale FL 33309 :.:.",:.:.;...:.".::.;.:. .. . --,.. . , ',', ,"< ,,;", ::, ,:PART.:t: "ADriiTI.61~h\:L.'IN~ORMATio;l,:1iE(dm:IDiD',:, ',:::',:, :\::,-" :..::.:..::..:~:;::::::::::;:::::::::::::;::::::::}:;:::::::;::;" :::;~:::;:::::::::::::::::;;::::::::::. NOTE: YOU HP,VE 60 DAYS FROM THE RECEIPT OF THIS REVIEW TO RETURN THE ADDITIONAL INFORMATION REQUESTED. If the additional information has not been received by the Department within 60 days, the Application shall be acted upon with the information provided in the application. (You can request more than 60 days by completing the Applicant Time Extention Form). The information requested is the minimum information required to continue the application process. Additional information may be required upon review of the information listed below. THE FOLLOWING INFORMATION IS REQUffiED: 1. Form 850-040-15 that was submitted needs to be signed & dated wlan original signature. 2. Form 850-040.18 that was submitted, Page 3 of 6, Part 5 needs to be filled out. 3. A Cashier's Check, Certified Check or money order for $250 must be submitted. 4. Form 850-040-18 applications aren't signed or witnessed. <:l Q . , P --f- L ~ -. · .- ...- SHAH - . - -.- --... - --- ~.I...C1 DROTOS Engineering Surveying Planning &ASSOCIATES February 11, 1999 ,,- r~ rn @ ~ 0 W ~ In ~'LFEB '612g9 I J ,,~~ 1 ,- ~1",P-LDi\:('I , '<", 1 _ 1 p"~ ~ r . ~ t ::~. ""!l: L_._.~;:.._"'::':..._~~: '-' 1 685 W. Commercial Blvd. Suite 190 Ft. Lauderdale. FL 33309 PH: (954) 776-7604 FAX: (954) 776-7608 City of Boynton Beach Engineering Departmen~ P. O. Box 310 Boynton Beach, Florida 33425 RE: Manatee Bay SDA PROJECT NO. 98-0408 Gentlemen: I hereby certify, to the best of my knowledge and belief, that the Manatee Bay water management system has been designed in accordance with the codes and regulations of the City of Boynton Beach, and Land Development Regulations Chapter 6. The plans and calculations also comply with the rules and regulations of the South Florida Water Management District and Lake Worth Drainage District. All driving isles where 90 degree back out parking occurs have been designed at 27' width. If you have any questions, please do not hesitate to contact this office. Yours truly, SHAH, DROTOS AND ASSOCIATES, ~A. r-c56 ames F. Drotos, P .E. Florida Registration No. 35505 JFD/pe JIM 408.00 1 WIIlc:r.mgmt.c:ertif Department of Engineering and Public Works Po. Box 21229 West Palm Beach, FL 33416-1229 (561) 684-4000 http://www.co.palm-beach.fJ.us . Palm Beach County Board of County Commissioners Burt Aaronson, Chairman Maude Ford Lee. Vice Chair Karen T Marcus Carol A, Roberts Warren H, Newell Mary McCarty Ken L Foster County Administrator Robert Weisman, P,E, 'An Equal Opportunity Affirmative Action Employer" @ printed on recycled paper September 23, 1998 "---...-..-., , ,........ . , ' ; i G J r ,,: .;~~~..L~~._,,,,,_'~! I Ii .1 /iJI)j SEP 28008~: ! PLANNING AND i ZONING DEPT. ; , Mr. Michael Rumpf City of Boynton Beach Planning and Zoning Department P.O. Box 310 100 East Boynton Beach Boynton Beach, FL 33425-0310 RE: Banyan Cove Traffic Performance Standards Review Mr. Rumpf: The Palm Beach County Traffic Division has reviewed the traffic impact study for the project entitled Banyan Cove pursuant to the Traffic Performance Standards in Article 15 of the Palm Beach County Land Development Code. The project is summarized as follows: Location: Municipality: Proposed Use: Trip Rate: New Trips: Buildout: US 1 (Federal Highway), south of Gateway Blvd. Boynton Beach Multi-family Residential 7 trips per du 1,260 trips per day 2000 (180 du) (PBC Article 10) Based on our review the Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. It should be noted that the report contained several errors: 1. The 1997 volume used for the link of Boynton Beach Boulevard, west of Federal Highway is an off-peak season traffic count. The average annual daily traffic volume (AADT) or a reasonable estimate should have been used. 2. The preceding error was carried through to the calculation of the growth rate for the link. The growth rate should not have been calculated based on an off-peak season count. 3. The distribution of project traffic is not reasonable. As presented, 27% of the project traffic drops off of US 1 between Banyan Cove Traffic Performance Standards Review September 23, 1998 Page 2 the site and Gateway Boulevard. At this time, there are insufficient attractions in this area to warrant a drop-off of this magnitude. These errors do not change the results of the study. If you have any questions regarding this review, please contact me at 684-4030. Sincerely, OFFICE OF THE COUNTY ENGINEER 6;::: Senior Traffic Engineer cc: Yvonne Ziel, P.E. - Yvonne Ziel Traffic Consultants, Inc. File: Generaf- TPS - Mun - Traffic Study Review h:'\traffic'\apf\tps'\98004app.wpd - TAZ 401