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LEGAL APPROVAL MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH. FLORIDA MARCH 12, 1996 Boynton Commerce Center - The application for use approval for a communication tower was withdrawn. An agreement was reached with the applicant relative to locating the tower on City- owned property. Tara Oaks - The site plan was approved subject to all staff comments, including the use of trash compactors instead of dumpsters. Ms. Heyden stated that this was a good solution to the amount of trash that will be generated by a project of this size. The Kilpatrick Company - The site plan was approved subject to staff comments, including the recommendation about screening the northeast comer of the property. (2) Update of Evaluation Appraisal Report - Comprehensive Plan Ms. Heyden advised that staff is working on this with a consultant. The deadline is quickly approaching. Staff is trying to set up the first LP A/Planning and Development Board workshop during the week of March 26. There will probably be workshops on April 18 and April 23, prior to the May I st transmittal date to the State. There will also probably be at least one workshop prior to the two public hearings that are required for adoption in July. 6. OLD BUSINESS None. 7. NEW BUSINESS A. PUBLIC HEARING ........ Future Land Use AmendmentlRezoning Chairman Dube advised that the seven enclaves on the agenda have already been annexed and are before this board to determine if the zoning is in concurrence with our current plans. Mr. Rumpf used the overhead projector to point out the location of each enclave, and reviewed the current County zoning and land use, and the proposed City zoning and land use. The proposed reclassifications are in accordance with the already designated Comprehensive Plan Future Land Use Map recommendations which were adopted in 1989. The City's proposed reclassifications and rezonings are equivalent to the County's. 3 ~ MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20. 1996 Mayor Pro Tern Matson asked how long it takes to get the report back. City Manager Parker advised that both sites have to go through the DERM process, and that will be done as part of the site plan approval. Motion Vice Mayor Bradley moved to table this item until the next Commission meeting. Commissioner Jaskiewicz seconded the motion, which carried 4-0. c. Project: Agent: Applicant: Location: Tara Oaks pun Kieran 1. Kilday - Kilday & Associates, Inc. for Pulte Home Corp. Tara Oaks Development Company East side of Knuth Road approximately 570 feet north of Woolbright Site Plan - Request for site plan approval to develop 14.47 acres of the Tara Oaks PUD for a 192 unit townhouse project with private recreation facilities Description: Mr. Kilday said he went through all the conditions and there were only two issues outstanding. He has been working with staff on these two issues, and they have been resolved. One issue dealt with tree relocation. Mr. Kilday agreed to the City Forester's conditions and submitted a revised preservation plan. The City Forester has to sign off on that plan. The second issue dealt with the dumpster. We met with the Public Works Director this morning and agreed to go with a trash compactor system, subject to his agreeing to the exact location criteria. He has already suggested a location, and Mr. Kilday has to give him final dimensions on how it will fit on the plan. With regard to comment number 24, Ms. Heyden stated that we received a perservation plan dated February, 1996, which has not been reviewed by the City Forester yet. Therefore, she would like comment number 24 replaced with, "Trees shall be replaced, relocated pursuant to the February 1996 tree preservation plan which is being reviewed by the City Forester." Also, comment 54 should be replaced with, "A compactor shall be provided at the exit to the property subject to the approval of the Director of Public Works." City Manager Parker added that the compactor area will be landscaped and screened. Mr. Kilday agreed. 38 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Motion Mayor Pro Tern Matson moved to approve the site plan to develop 14.47 acres of the Tara Oaks PUD for a 192 unit townhouse project with private recreation facilities on the east side of Knuth Road, approximately 570 feet north of Woolbright, subject to staff comments. Commissioner Jaskiewicz seconded the motion, which carried 3-1. Vice Mayor Bradley cast the dissenting vote. D. Project: Agent: Applicant: Location: Description: The Kilpatrick Company Richard C. Ahrens Condor Investments of Palm Beach County, Inc. Northeast comer of High Ridge Road and Commerce Road Site Plan - Request for site plan approval to construct a 39,790 square foot wholesale distribution facility on 3.59 acres in the High Ridge Commerce Park PID (lots I, 2 and 3) Mr. Ahrens agreed with all of staffs comments. However, with regard to comment 25, he asked for clarification regarding where staff wants the slatting. Mr. Ahrens believes it is required from the northeast comer of the property back to the northeast comer of the building, and from the northeast comer of the property back to where the scrub pine is going to be preserved. This was acceptable to Ms. Heyden. Motion Mayor Pro Tern Matson moved to approve the site plan to construct a 39,790 square foot wholesale distribution facility on 3.59 acres in the High Ridge Commerce Park PID (lots I, 2 and 3) at the northeast comer of High Ridge Road and Commerce Road, subject to staff comments and the granting of the variance by the Board of Zoning Appeals. Vice Mayor Bradley seconded the motion, which carried 4-0. E. Height exception for Boynton Commercenter for 100 foot communication tower for AT&T This item was tabled to the next Commission meeting. IX. NEW BUSINESS None. 39 MINUTES PLA~NI~G AND DEVELOPME:\iT BOARD BOYNTON BEACH. FLORIDA FEBRUARY 13.1996 D. SITE PLANS :\iEW SITE PLAN l. Project Name: Agent: Tara Oaks pun Kieran], Kilday Kilday and Associates. Inc. for Pulte Home Corporation Tara Oaks Development Company East side of Knuth Road approximately 570 feet north of Woolbright Road Request for site plan approval to develop 14.47 acres of the Tara Oaks PUD for a 192 unit townhouse project with private recreation facilities. Owner: Location: Description: Chairman Dube advised that there are 55 conditions. Mr. Kilday agreed with most of them. Mr. Haag advised that condition 55 needs to be revised to state as follows: "It is recommended that the applicant process an abandonment application to abandon S. W . Congress Boulevard west of Tara Lakes Drive West." Condition 20 Mr. Kilday said this condition should be amended, subject to the City Engineer's verification. The Code requires the hedges to be 18 inches on center at time of planting, as opposed to "four feet high" as stated in condition 20. Mr. Haag clarified that the hedges must be 18 inches in height at planting and 24 inches on center. Mr. Kilday agreed to that. Condition 24 Mr. Kilday said he and the City Forester agreed that the Oaks up to a caliber of 12 inches will be relocated utilizing a tree spade. Any Oaks above that size would be replaced for a no net loss. Condition 28 Mr. Kilday agreed to condition 28, with one change. He will have the rear elevation, which contains the raised stucco bands and louvers, on the second story. It does not contain it on the 17 MINl'TES PLA.'iNING AND DEVELOPl\IENT BOARD BOY:"TON BEACH, FLORIDA FEBRUARY 13, 1996 first story, Those areas will have landscaped buffers between them. as well as perimeter base plantings on the first story, That would apply to all buildings that can be seen from rights-of- way. Mr. Haag advised that staff has agreed to this. Staff believes the berm and landscaping will hide the view of the first floor. Condition 54 Mr. Kilday agreed to this condition. He clarified that the trash collection areas that were shown on the final plan did not allow the gate to open toward the vehicle use area. That would not be allowed. In addition. he met with the City's Public Works Director. Bob ., Eichorst. regarding the collection points addressed in his memo. A gate will be provided along the sidewalks and the collection areas will be redesigned. Condition 55 Mr. Kilday said the area we are talking about is a small stub of right-of-way that comes up to the west property line. He agreed to submit the surveying information and application procedure to staff. However. the applicant is not the abutting property owner on each side. Therefore. he was not sure the applicant is authorized to make this request. There are two other property owners who abut the right-of-way. The City owns the property on the north. There is an adjacent property owner to the south. Mr. Haag stated that in completing the application. the applicant would have to give the City the name and address of the property owner to the south. Mr. Haag advised that staff accepts Mr. Kilday's revisions this evening and recommends approval, subject to staff comments. Motion Mr. Titcomb moved to approve the request for site plan approval to develop 14.47 acres of the Tara Oaks PUD for a 192 unit townhouse project with private recreation facilities, subject to staff comments. Mr. Beasley seconded the motion, which carried 7-0. 18 DECEMBER 19, 1995 ~. ~'\ ___ <:r::> "':><. ~" " -S' . 1:' -~J' ' - cs-;- _f""=P~ ~ MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA D. PROJECT NAME: AGENT: OWNER: lOCATION: DESCRIPTION: Waste Management of Palm Beach - South Joseph D. Handley, Craven Thompson & Associates, Inc. Waste Management of Palm Beach High Ridge Commerce Park PID lots 15, 16, 17 and 18 (South side of Commerce Road, approximately 304 feet east of High Ridge Drive) SITE PLAN MODIFICATION - Request to amend the previously approved site plan to add land area to construct additional exterior paved truck storage arid an expanded exterior container storage yard. This application was addressed earlier in the meeting under Public Hearing. E. PROJECT NAME: AGENT: OWNER: lOCATION: DESCRIPTION: Tara Oaks PUD Kieran J. Kilday, Kilday & Associates, Inc. for Pulte Home Corp. Tara Oaks Development Company Northeast corner of Woolbright Road and Knuth Road extended MASTER PLAN MODIFICATlONl.- Request to amend the previously approved PUD master plan to revise direct access points, alter the location and type of private recreation, change unit type from apartments to town houses, establish perimeter buffer easements and certain. setbacks, enlarge size of residential Pod 1 and church parcel and reduce open space and retention area of Pod 2. Mayor Taylor announced that the Commission was very familiar with this project. Therefore, he requested that only new information be discussed. City Manager Parker referred to Planning and Zoning Memorandum 95-727. She advised that the applicant is in agreement with all of the comments past Comment #4. She amended Comment #4 to read: "The entire length of Knuth Road will be treated as one project. It will be required to be bonded as one project from Woolbright Road to Boynton Beach Boulevard. The bond will be calculated according to our Code and the applicant will have 21 months from the date of plat approval to finalize construction of the road. If not finished, the City calls the bond and constructs the road. The section from Woolbright Road to the canal must be entirely completed before issuance of the first CO for Tara Oaks. The remainder of the road must continue to be constructed simultaneously with the remainder of the project with the protection ofthe City being an outside timetable of 21 months." Kieran Kilday said their only concern with this condition is that prior to the first CO, they must complete the road from Woolbright Road up to the project entrance and beyond that to the canal. Sometimes permits slow a project down, and staff has agreed to work with the applicant to keep things moving. The applicant is concerned with the fact that there may be units ready to come on line, but the last few hundred feet of roadway construction might be left. 30 MINUTES REGULAR CITY C:;:OMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 Attorney Cherof inquired as to whether or not the applicant was in agreement with the 33 staff comments. Mr. Kilday confirmed that all comments were acceptable with the addition of the amendment mentioned this evening. Ms. Heyden said the revisions are itemized in Exhibit "C" of Planning and Zoning Memorandum No. 95-727. Mr. Kilday feels the new system of listing conditions is very clear. Motion Commissioner Jaskiewicz moved to approve subject to all staff comments, and additional verbiage as read into the record by the City Manager. Mayor Pro Tem Matson seconded the motion which carried unanimously. IX. NEW BUSINESS: A. Items for discussion requested by Mayor Pro Tem Lynne Matson 1 . Purple Heart Way This item was addressed under Item III-B.7. 2. Public Transportation Mayor Pro Tem Matson advised that she has been riding the City buses and at most, there were two people on the bus. She inquired as to whether or not this service can be advertised in Funfare or on public television. The bus service is not being utilized by the citizens. City Manager Parker advised that the new CoTran schedules are available. Once we know where the stops are and the times involved, we may want to review our bus service. Mayor Pro Tem Matson said she has received comments from residents in Boynton Lakes and the Meadows who have difficulty utilizing the buses because they cannot walk the distances necessary to get them to the bus stops. She recommended that the bus routes be reviewed in an effort to make the buses more accessible to the citizens by having the buses travel the loops in those communities to eliminate having the residents walk to Congress Avenue. This is done in Leisureville and these other communities could have the same option. Commissioner Rosen questioned how far we have gotten with the bus shelters. City Manager Parker was of the opinion that seven shelters are now in construction. Commissioner Rosen recommended posting the bus schedules on these shelters. He also pointed out that the bus service can be publicized in the Hunters Run newsletter. 3. It's Better in Boynton Campaign Mayor Pro Tem Matson feels many of the CitY's programs should be publicized. We have D.A.R.E., the R.A.P. program, and Explorer's. Delray Beach has been advertising their programs and ours are 31 . -~. ' ~, ~" -e ....,C) "? ~ '~<:::" ; :.s PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-727 Agenda Memorandum for December 19, 1995 City Commission Meeting FROM: Carrie Parker City Manager Tambri J. HeYden~ Planning and Zoning Director TO: DATE: December 15, 1995 SUBJECT: Tara Oaks - MPMD # 95-007 Master Plan Modification - access, recreation, un and use acreage At the advice of the city attorney, please place the above- referenced request back on the City Commission agenda (for December 19, 19~~) under Development Plans. INTRODUCTION: You will recall that on November 7, 1995, the Commission, with a 3-2 vote, made a determination of substantial change for the above request (detailed further in the attached Planning and Zoning Department Memorandum No. 95-654). You will also recall that the Commission made several recommendations to guide the Planning and Development Board in the action the Board would take subsequent to the Commission's November 7, 1995 action. To this end the Planning and Development Board, on December 12, 1995 voted, 7-0, to approve this request, subject to the attached staff comments in Exhibit C. These staff comments are not the staff comments that were forwarded to Commission on November 7th, because submittal of a revised master plan to reflect Commission recommendations, and an additional review by the Technical Review Committee, necessitated refinement of the original staff comments. RECOMMENDATION: The city attorney advises that since the Commission's action of making all Planning and Development board decisions advisory, this request must go back to the Commission for final disposition. The city attorney states that this is especially necessary since he believes the Board's action regarding the construction of Knuth Road is contrary to the Commission's statements at the November 7, 1995 meeting. Therefore, below is a list of all the comments in Exhibit C to which the applicant objected at the December 12, 1995 Planning and Development Board meeting. These comments have been revised to reflect the agreement between the applicant and the Board. (Wording has been taken from the city clerk's minutes of the Board meeting.) Comment 4 (revised) - Place the following note on the master plan: "Completion of Knuth Road fronting the PUD must be completed prior to the first certificate of occupancy. The balance of Knuth Road, northerly to its current terminus to the north, must be completed prior to the issuance of the last certificate of occupancy or within two years, whichever occurs first. II It is believed that the Commission desired all of Knuth Road (from Woolbright Road to the existing Knuth Road terminus) to be completed prior to the first residential certificate of occupanoy, not postponed to two years after plat approval. Also, this revision allows phasing, but does not address bonding. Comment 13 (revised) - Submit a tree survey with the tree management plan for the entire site, excluding the church parcel. l1li ..l" Recreation and .park revision is acceptable. However, in comment 1- of memorandum, the Forester modifies comment 12 to read as follows (the Planning and Development Board did not have the benefit of this new memorandum) : ~ Comment 12 (revised) - Submit a copy of the Gopher tortoise relocation permit from Florida Game and Fresh Water Fish Commission as it is assumed that all Gopher tortoises on site shall be relocated. If all cannot be relocated, a master plan modification shall be filed. Comment 18 (revised) - Modify the submittal to include a survey of the entire PUD and renumber all sheets chronologically. The survey may be older than six months, but not older than the survey processed for the 1990 rezoning. This revision is acceptable to staff. Comment 24 - deleted by the Planning and Development Board. This deletion is acceptable to staff. Comment 31 (revised) - A separate site plan review shall be required for the block wall and landscape screening required adjacent to the project and located north of the L.W.D.D. L-25 Canal. This shall not hold up unconditional sign-off approval of a rectified master plan. This revision is acceptable to staff. " Comment 32 (revised) - Due to the close proximity of the basketball court to the on-site and adjacent residential units, it is recommended that a note be placed on the master plan indicating that the basketball court will not be illuminated. To lessen the adverse impact of the use of the basketball court to the adj acent residences, it is also recommended that 36" high (at time of planting) evergreen shrub material, spaced five (5) feet on-center be installed along the east property line to a distance of 20 feet north and south of the length of the basketball court. This revision is acceptable to staff. Therefore, it is recommended that the Commission approve this request, subject to the staff comments in Exhibit C, except for comment 24, together with the revisions to comment 13, 12, 18, 31 and 32 as written above and subject to either endorsement of comment 4 above or further revision to it as the Commission deems necessary. TJH:dim Attachment a:CCAgnda3.Tar -- AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY By and Between TARA OAKS DEVELOPMENT COMPANY, a Florida corporation, as "Seller" and PULTE HOME CORPORATION, a Michigan corporation, as "Buyer" for THE PURCHASE OF 14.5 ACRES OF UNIMPROVED REAL PROPERTY in Palm Beach County, Florida Attorneys for Seller: :\~ H \ ". \.t \ 2. \S".16 ..If\il PlANtt'M~pt l()N\NG . _.- Michael Schroeder, Esq. Schroeder & Larche, P.A. 1 Boca Place, Suite 319-Atrium 2255 Glades Road Boca Raton, Florida 33431-7313 Telephone: (407) 241-0300 Fax: (407) 241-0798 Attorneys for Buyer: Lawrence H. Goldberg, Esq. Jonathan S. Marcus, Esq. GOLDBERG & YOUNG, P.A. 1630 North Federal Highway Fort Lauderdale, Florida 33305 Telephone: (305) 564-8000 Fax: (305) 564-0015 ARTICLE II PURCHASE PRICE AND TERMS OF PAYMENT section 2.01 Purchase Price. The purchase price for the Property is ONE MILLION ONE HUNDRED FIFTY THOUSAND AND NO/100 ($1,150,000.00) DOLLARS (hereinafter called the "Purchase Price"), which shall be payable as set forth in this Article II. DON GAS IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH UNIT. IN WITNESS WHEREOF, each of the parties hereto have duly executed this Agreement as of the date and year as indicated below. WITNESSES: SELLER: By: TARA OAKS DEVELOPMENT COMPANY, a Florida corporation BL~~+i:t President Dated: ~- /~-9'.s- BUYER: , signatory v Dated: 28 . -~----_._-,~._--*- ',., . '/ J . COf(,tfi,L [0te !I~t6il This Agreement entered into this rll,M day o~ June, 1990, by and between STONEHAVEN HOMEOWNERS AS~ON, J:NC., a F1.orida corporat.ion (UAssociation") and BrLL R. WINCJiESTER ("Winchester") and MICHAEL A. SCHROEDER, TRUSTEE {"Schroeder"}. r r"" t AGREEMENT WHEREAS, there are currently pending before the City of Boynton Beach, Florida, applications for Annexation, Future Land Use Ele~ent Amendment, Rezoning and Comprehensive Plan Text Amendment for projects known as "Boynton beach Boulevard PCO" and "Knuth Road PCO" and an application for Future Land Use Element Amendment from "Low Density Residential" to "Medium Density Residential" and rezoning from. PUD with a Land Use 'Intensity of four (4) to PUD with a Lan~ Use Intensity of five (5) to allow for the construction of 192 multi-family dwelling units and a church with respect to the project known as "Tara Oaks PUD"; and WHEREAS, Schroeder is the Applicant with respect to the application, known as "Boynton Beach Boulevard Pcon pending before the City of Boynton Beach, Florida and is the Contract Purohaser of the property which is the subj act of the Boynton Beach Boulevard application: and WHEREAS, Winchest.er is the Applicant. with respect to the application known as "Knuth Road PUD" pending before the City of Boynton Beach, Florida and as a general partner of the Partnership which owns the property which is the subject of the Knuth Road PUD application can bind the owner of same; and WHEREAS, winchester is the' Applicant with respect to the application known as "Tara Oaks PUD" pending before the City ot Boynton Beach, Florida and is the Contract purchaser of the property which is the subject of the Tara Oaks PUD application; and WHEREAS, Association represents the property owners wi thin the residential development known as "Stonehavan PUD" lying within the city of Boynton Beach, Florida; and WHEREAS, Association is entering into this Agreement atter having a membership meeting at which a quorum was present and having received the approval of a substantial majority ot its members as evidenced by a signed petition; and WHEREAS, Association and its members have had the opportunity to review the various applications and to make such inquiries with respect to same as they deemed appropriate including meeting with representatives of the applicants; and WHEREAS, Association is opposed to the development of the property which is the sUbj ect of the "Boynton Beach BOUlevard peOn as high density residential and to the development of the . - property which is the subject of the "Knuth Road peD" property as moderate density residential as contemplated ~y the current Comprehensive Plant and WHEREAS, Association wishes to evidence its support for the approval of the application with respect to "Boynton Beach Boulevard peD", "Knuth Road peo", and UTara Oaks PUO" provided the Applicant with respect to each of same agrees to assure the Association that such Applicant will, subj ect to the terms and conditions set forth below, oause certain improvements (described below) to be made on the real property which is the subject of such application and on the real property of the Association adjacent thereto; and WHEREAS, Winchester and Schroeder wish to assure the Association that they, respectively, will, subject to the terms and conditions set forth below, cause such improvements to be made. NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the parties agree as follows: I. "Boynton Beach Boulevard PeOn. A. Sohroeder agrees that, provided the requisite final government approvals for the Boynton Beach Boulevard PCD application are obtained, he, as the developer/owner thereof, shall make, or cause to be made, the following improvements and other arrangements in connection with the development of the property which is the subject of the Boynton Beach Boulevard PCD application: (1) The installation of a minimum twenty-five (25) foot wide landscape buffer between the project and Stonehaven PUO along the entire length of the adjacent property lines. Buffer shall include: (a) Four (4) foot high berm; (b) six (6) foot hi9h masonry wall 'locat.eQ in the center of the buffer; (e) Barbed wire b~rr1er on top of the wall subjec~ to City of Boynton Beach approval; . ' Cd) Landscap~nq which consists of a minimum of two (2) rows of shade trees twelve (12) to fourteen (14) :feet in heiqht at time of planting, located on thirty (30) foot centera. One row shall be placed on each side of the wall. Tree location shall be staggered to provide the effect of fifteen (l5) feet on center separation. -2- ~ . ~ (e) Construction of wall and berm shall occur simultaneously with site preparation and prior to the commencement of construction of any buildings. (2) Maintenanoe of t.he wall, berm, and landscaping on both sides of the wall shall remain the obligation of the developer/owner. (3) All Australian pines within fift.y (50) feet of the Stonehaven PUD property line along Banyan Creek Circle North and within the southernmost ten (10) acres of the Boynton Beach Boulevard PCD shall be removed by the developer/owner upon initial approval of the application by the City commissioners of Boynton Beach, Florida. (4) Entry ipto and maintenancQ in effect of a contract to provide continuous rodent. and pest control, such cont.ract to be entered into prior to commencement of closing/site work to cover all of the property which is the subj ect of the Boynton Beach Boulevard pen application. (5) Building heights will be' limited to one story (maximum 25 feet) for anchor store only, balance of shopping center to be maximum of twenty-two (22) feet. high. (6) All lighting shall be of low intensity and shall be shielded and directed away from surrounding properties and rights-of-way. (7) The architect.ural treat.ment: at the rear of the shoppinq center 1s to match the front of the shopping center. (8) Soreening and noise mitigation is to be provided for all exterior mechanical equipment and to be located at ground level if approved by the City Commission, City of Boynton Beach, Florida. B. In consideration of the foregoing promises, the Association endorses the "Boynton Beach Boulevard peD" app~ication and requests that the members of the City Planning and Zoning Board anQ City Commis$ion approve it. II. "Xnuth Ro.ad PCD". A. Winchester agrees that, provided the requisite final government. approvals for the Knuth Road peD applicat.ion are obtained, he, as the developer/owner thereof, shall make, or cause to be made, the following improvements and other arrangemen~s in connection with the development. of the property which is the subject of the Knuth Road peD application: (l) A six (6) foot masonry wall shall be built. -3- , . ~ adjacent to the east right-of-way line of Knuth Road trom Stonehaven PUO's north property line (adjacent to office building) south along the north right-oi-way line of the LWOD L- 25. The Association agrees to assist the developer in obtaining approval to include this wall section in the development plans for Knuth Road PUD subject to appropriate impaot fee credits. However, if impact fee credit can not be obtained, the developer/owner shall construct this wall from his funds. Where said walls meet at Knuth Road and Stonehaven Drive the placement of said walls shall be done in manner reasonably suitable to the Association. It is the intention of the Association that these walls conform with the existing layout of the present entranoe into Stonehaven PUD and to accommodate location of quard gates. (See II.A.(4) (c) below.) (.2) The Knuth Road peD property owner shall be required to provide. maintenance for said walls for ~ive (5) years. (3) Construction of the wall shall ooour simultaneously with site preparation and prior to the commencement of construction of any buildings. (4) The owner of the Knuth Road peo property will participate as rollows in providinq additional security of stonehaven PUD: (a) Assist in preparing applications and seeking approval for the abandonment by the City of Boynton Beach, Florida, of Stonehaven Drive from Knuth Road to LWOO L-25 to secure the safety, well being and property values of the residents of Stonehaven PUD. These applicat.ions will commenCe upon approval or this project by the City commission of Boynton Beach, Florida. (b) Construction of the fOllowing masonry wa11 segments which shall occur simUltaneously with site preparation and prior to the commencement of construction of any buildingil and (which will not be 5ubj ect to any impact fees oredits): 1. A section of a six (6) foot high masonry wall identical to wall in II-A- (1) fifty (50) feet in length extending from the east right-Of-way of Knuth Road adjacent to the existing office building parking area along the north property line of Stonehaven PUD. 2. Construction of a six (6) foot masonry wall identical to wall in II-A-(1) along the north right- of-way line of LWDD L-25 from a point parallel with the ea~t property line of "Tara Oaks PUDtI easterly to the west right-of- way line of Stonehaven Drive. Said wall section shall ,commence -4- , r / ~ - from the termination point of the wall section referenced in Sect.ion III below a.nd will be the obligation of "Tara Oaks PUD". 3 . Construction of an identical wall extended from the east right-of-way of Stonehaven Drive along the nort.h right-oi-way line of LWOO L-25. This wall shall be of an appropriate length, not to exceed fifty (50) feet, in order to create a suitable accented ent.ry. 4. provid.e landscaping to the extent possible adjacent to the wall sections subject, to a final determination of land area available. Provide landscaping in the form of twelve (12) to fourteen (l4) foot shade trees on thirty (30) foot center in those areas where adjacent property is available within stonehaven PUD and agrees to provide maintenance for said walls for five (5) .years. (c) Upon a successful completion of the abandonment of Stonehaven Drive, the developer/owner of the Knuth Road peo property contribute to the cost of the construction of guard gates at the north and south entrances to Stonehaven PUD up to a maximum of Thirty-Five Thousand Dollars ($35,000.00). Type and style of guard gates along with the type of electronic entrance systems to be used with these guard gates will be determined by the Association. Upon completion of construction of all walls required to be built pursuant to this Agreement, the developer/owner of the RnQth Road PCD property shall deposit into escrow, with an escrow agent reasonably acceptable to the parties, the Thirty-Five Thousand Dollar ($35,000.00) amount contemplated by this Agreement. These funds shall be held in an interest bearing account. Funas shall be disbursed from this account, in an amount up to Thirty-Five Thousand Dollars ($35,000.00), in satisfaction of the Knuth Road PCD property owners obligation to contribute toward guard gate construction costs as set forth in this paragraph. Upon completion of construction or disbursement of Thirty-Five Thousand Dollars ( $ 35 , 000 . 00), in the aggregate, the rema ihing funds shall be released to ~he Knuth Road PCO property owner. (5) Installation of a traffic light in accordance with governmental requirements at the intersection of Boynton Beach Boulevard and Knuth Road. B. In consideration of the foregoing- promises, the Association endorses the "Rnuth Road PCD" application and requests that the membor~ of the city Planning and Zoning aoard and City commission Approve it. :t:I:t. "Tara O~ks PUD". A. Winchester agrees that, provided the requisite final government approvals for the Tara Oaks PUD apPlication are -5- ,- , ~ Q obtained, he, as the ....eveloper/owner thereof, ...l1all make, or cause to be made, the following improvements and other arrangements in oonnection with the development of the property which is the subject of the Tara Oaks PUD application: I (1) Construction of a SiK (6) foot masonry wall along the north right-of-way line of LWDD L-25 from the east to a point parallel with the east property line of "Tara Oaks PUD". It is the intent that his wall section connect with the stipulated wall section contained in the conditions ot "Knuth Road PUD". This wall shall be landscaped in the same manner as the wall, in II-A- (<4.) - (b) -4 and developer agrees to provide maintenanoe for said wall for five (5) years. (2) Creation .of a twenty-five (25) foot wide landscape buffer along the .north property line adj acent to the south right-of-way line of the LWDD L-25 Canal. That butfer will consist of landscaping which consists of a minimum of two (2) rows of shade trees twelve (12) to fourteen (14) feet in height at time of planting located on thirty (30) toot centers. Tree location shall be staggered to provide the effect of fifteen (15) feet on oenter separation. (3) No buildings shall be located closer than forty (40) feet from the north property line of uTara Oaks PUD". This setback creates a minimum separation of one hundred seventy- five (175) feet from the most northerly building to the closest individually owned south property line of Stonehaven PUD. B. Based on the foregoing, the Association e~dor5e5 the "Tara Oaks PUD" application ~nd requests that the members of the city Planninq and Zoning Board and city commission approve it. IV. Miscellaneous. A. Walls contemplated by this Agreement shall be masonry walls provided by Anchor Wall Systems, or similar construction, inclUding pilaster caps on all columns with the Association approving the color and texture on all such walls. B. Winchester and Schroeder agree to pay reasonable attorneys' fees incurred by the Association for its law tirm to review this Agreement. v. Aqreement to Run With Land. It is the intention of the parties that the obligation to make the improvements and other arrangements desoribed in this Agreement, with respect to each of the real properties which are the 5ubj ect of the applications, shall if the applications are approved, become covenants running with the land and shall be binding upon the initial developer/owner of the property and each property owner -6- .. . .---. t:'"". a - thereafter 50 long as that person or entity shall have an ownership interest in the property. Neither Winchester nor Schroeder 8hall be under any personal obligation to make, or cause to be made, the improvements and other arrangements provided for in this Agreement with respect to the real properties which are the subject of the Boynton Beach Boulevard PCD, the Knuth Road PCD and the Tara Oaks PUD applications if the provisions of this Agreement with respect to all of such improvements and other arrangements are, by the filing of appropriate instruments, made covenants of record running with the land and binding upon the person or entity having fee simple title to such real properties. The Association shall be entitled to apply to a court of competent juriSdiction and to obtain affirmative injunctive relief to enforce specifically the full and timely performance of the obligations set forth in this Agreement concerning the rna,king of such improvements and other arrangements and to enforce any such covenants of record. Any provision hereof to the contrary notwithstanding, neither winchester nor Schroeder shall have any personal or other obligation to make, or ca.use to be made, the improvement.s or arrangements provided for in this Agreement as to any of the properties, which are the subject of the referenced applications, unless the application pertaining to the property in question receives all final requisite government approvals and final ordinances are adopted by the City of Boynton Beach with respect to same. AS TO B~LL R. WINCHESTER AS TO M~CHAEL A. SCHROEDER, TRUSTEE (Winchester\stonel.Agm\06/19/90) -7- , ..,(~ ..4' \~ ~~\.~ ~- ,',>. ;:\~'l:;1 .p'r~,F;" . '. "P, ,..t".., \ . " ; i.; t~r ,.. <,I ~ " \' . ':.. , " r. ~ , t. ~ " ~ i: \, ~, If') \ I' I ,. C"'* g !:, \ . ....... \\ ' \, 1,' ~ . I ; ."'7(J-. J.O 'l"'1t " . .;. s. ' . ,'/ ...~,..:,.. J. '/1 .' :~;, ;t' . .,..... {,." <;;.....~{;. , :,1- "1',: . 1>"'~~': " .,'0 ( ,.. '{l11 ." ~L/' r~' .~ . \ . . I 0.\ 0 " \) S~:.i \ ~.. r> "l \ "',,- . . NORTH' sC AL E. 1"::0 2 (