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CORRESPONDENCE / . ( ~ ~ r_ '\ ..... /~ I". i ' ,', ....1/'10l"'oIII''..,. " ~ , n GEE & JENSON f.' r Ig'''Ol'' s,ArcI1IWcts-Plarlllurs, Inc April 9, 1993 0"8 Harvard Circle West Palin Bench, FL 33409 Tel,"phonc, (407) 6833301 Fax (407) 686-7446 ( ~ " Mr. Enrico Rossi Rossi & Malavasi Engineers 580 Village Boulevard Suite 140 West Palm Beach, FL 33409 Re: Knuth Road - Tara Oaks P.U.D. Construction Plans Dear Mr. Rossi: Gee & Jenson has reviewed the revised construction plans submitted by Rossi & Malavasi for the extension of Knuth Road adjacent to the Tara Oaks P.U.D. This portion of the roadway construction is covered by a prior-to-platting agreement with the City. Our comments are noted below: 1. The plans call for FDOT Index 232 Type C & E inlets without sumps. The inlet detail on Ule plan must include sumps. 2. Add a weep hole to the proposed sump in the control structure (S-3). 3. Eight foot bike path is approved on one side of the road to match existing alignment north of Tara Oaks (Stone Haven). 4. Driveway concrete must be 6" thick with 10 gauge 6" x 6" wire mesh. Add to detail. 5. Transition curb & gutter to 0" high curb so as to prevent traffic hazard. 6. Water management tract must be dedicated by separate instrument or platted to provide legal access from the roadway for maintenance. RECEIVED APR 13 PLANNING DEPT~ '=.::..'.-..--.. . n Rossi & Malavasi Attn: Mr. Enrico Rossi April 9, 1993 - Page 2 7. Drainage calculations were not submitted with these plans. We have assumed that nothing associated with the drainage system was modified by the revisions to these plans. The excavation & fill permit for this construction was approved by the City Commission on 4/8/93. Please coordinate a preconstruction meeting with the Engineering Department prior to initiating any construction beyond the clearing presently underway north of the canal. Very truly yours, GEE & JEN~.N~ EnQi ee ij/C(S-Pla I{ ~ I/) W. Ric ard Staudinger, City Engineer WRS/lg 92025/207 cc: Mike Sewell Vince Finizio J. Scott Miller Chris Cutro ~'},~ - CITY of BOYNTON BEACH ~ ~ Utilities Department 124 S.E. 15th Avenue Boynton Beach, Florida 33435 (407) 738-7460 '.....,., OFFICE OF THE DIRECTOR OF UTILITIES RECEIVED March 24, 1992 MAR ;: ~, 4t.".... ), t pLANNiNJ :: :_; 'r Mr. Enrico Rossi, P.E. Rossi and Malavasi Engineers, Inc. 580 Village Blvd., Suite 140 West Palm Beach, FL 33409-1904 I>. ... RE: Tara Oaks P.U.D. - Revised Water and Sewer Master Plan Dear Mr. Rossi: Please be advised that this office has no objection to your proposed revisions on the water and sewer Master Plan. However, based upon our recent conversations regarding this project, we see the possibility of condemnation proceedings being necessary in order to obtain the off-site easements for the proposed water and sewer lines to the church parcel. Our experience tells us that such condemnation proceedings are rarely successful if an alternate access route is readily available. We therefore recommend that you and your client exhaust all other means toward obtaining said easements before any attempt at condemnation is made. Of course, all costs related to condemnation proceedings on this issue would be borne by your client. Please refer any further questions on this matter to either myself or Peter Mazzella of this office. Sincerely yours, JAG/PVM be: Peter Mazzella xc: Chris Cutro, Plamring and Zoning Director File ROSSI AND MALAVASI ENGINEERS, INC. CONSULTING ENGINEERS ~I~ -f. M:&M+ ~I~ 580 VILLAGI:80ULEVARD, SUITE 140 WEST PALM BEACH, FLORIDA 33409.1904 (407) 689.0554 FAX: (407) 689.1109 March 6, 1992 City of Boynton Beach Utilitities P.O. Bo x 310 Boynton Beach, Florida 33425 ATTN: Mr. Peter Mazzella RE: TARA OAKS P.U.D. PROPOSED REVISION TO CONCEPTUAL WATER DISTRIBUTION PLAN Dear Mr. Mazzella: My client, Bill Winchester, is presently pursuing an agreement with the Tara Lakes Homeowners Association to obtain a utility easement for a water and sewer connection for the proposed church. You indicated at our earlier meetings that the 16" water main along Knuth Road would no longer be needed since the City's Master Plan does not provide for a feeder along Knuth Road. In view of this change, I am submitting a revised Master Plan showing a new distribution system encompasssing these changes. You will note that we suggest connecting the 12" main at the end of SW Congress Blvd. to the existing 16" main on Knuth Road north of the L-25 canal which will accommodate the muli-family portion of the P.U.D. Should you have any questions, please do not hestitate to contact me. ENGI NEERS, INC. RECEIVED~ lNR 18 4A11l1P pLANN\NG OcPl. ----------- Very truly yours, /~~~ Enr ico 4i~~-;. E. ER/jh enc. cc: Mr. Bill Winchester '~ J~ ROSSI AND MALAVASI ENGINEERS. INC. CONSULTING ENGINEERS . 'f ~I~ -f t'<&M+ '-.:.:I~ 580 VILLAGE BOULEVARD, SUITE 140 WEST PALM BEACH, FLORIDA 33409.1904 (407) 689-0554 FAX: (407) 689-1109 March 4, 1992 City of Boynton Beach Building Department P'.O. Box 3113 Boynton Beach, Florida 33425 ATTN: Mr. Don Jaeger, Building Official RE: TARA OAKS P.U.D. AMENDMENT TO THE MASTER PLAN FOR KNUTH ROAD Dear Mr. Jaeger: We had a meeting on the morning of March 3, 1992, with Mike Kazumas, City Engineer, to discuss design details for Knuth Road which, as you know, is the obligation of the developer of Tara Oaks P.U.D. The existing conditions required by the Subdivision Code calls for a 5' sidewalk on the west side of the road and an 8' bicycle path on the east side of the road. It was concluded in our meeting with Mike that we will not be able to provide for the sidewalk on the west side because the right-of-way narrows to 60' making it impossible to fit all improvements within the right-of-way. Therefore, it will be necessary to amend the conditions on the Master Plan so as to require an 8' concrete bicycle path on the east side located one foot away from the right-of-way and no sidewalk on the west side. Chris Cutro suggested that for a variance I handle this request through you. Very truly yours, ROSSI AND MALAVASI ENGINEERS, INC. Enrico Rossi, P.E. \\r.tr.~\1 ;. >>It ,. O~~1. \'\J-.~~\~G ER/jh cc: Mr. Chris Cutro Mr. Mike Kazumas ~ ~ '^'\ LX Lis I" 'r ~/'\ ( , \ ....:., STATE OF DEPARTMENT OF FLORIDA COMMUNITY AFFAIRS ---- 2740 CENTERVIEW DRIVE · TALLAHASSEE, FLORIDA 32399-2100 Lawton Chiles Governor William E. Sadowski Secretary FFbruary 8, 1991 The Honorable Gene Moore Mayor, City of Boynton Beach City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33435 RECEIVED FEB 1 2 1991 CITY MANAGER'S orr<::~ Dear Mayor Moore: The Department has completed its review of the Comprehensive Plan amendments (Amendment 90-2 and 90-51) for the City of Boynton Beach, as adopted on December 18, 1990, and determined that they meet the requirements of Chapter 163, Part II, Florida statutes, for compliance, as defined in Sub-section 163.3184(1) (b). Amendment 90-2 includes the Stipulated Settlement Agreement amendments. The Department is issuing a Notice of Intent to find the Plan Amendments In Compliance. The Notice of Intent has been sent to the Palm Beach Post for publication on February 9, 1991. Please note that a copy of the City of Boynton Beach Comprehensive Plan Amendments, the Department's Objections, Recommendations and Comments Report of October 22, 1990 and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City hall, Planning Department, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435. The Department appreciates your City's effort to prepare and adopt these Comprehensive Plan Amendments to guide the growth and development of your community and further the growth management policies of the region and state. Very soon, the Department's attorneys, in conjunction with your attorney, will be filing a motion for the hearing officer to relinquish jurisdiction over your Plan, as amended, so the Administration Commission can enter an order finding your plan as amended "in compliance." EMERGENCY MANAGEMENT · HOUSING AND COMMUNITY DEVELOPMENT. RESOURCE PLANNING AND MANAGEMENT The Honorable Gene Moore February 8, 1991 Page Two If you have any questions, please contact Robert Pennock, Chief, Bureau of Local Planning, or Maria Abadal, Plan Review Administrator, at (904) 487-4545. Sincerely, RDkJeNt-q. M~ Robert G. Nave, Director Division of Resource Planning and Management RGNjpnp Enclosure: Notice of Intent cc: Christopher Cutro, Planning Director Daniel M. Cary, , Executive Director, Treasure Coast Regional planning Council STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRb NOTICE OF INTENT TO FIND THE CITY OF BOYNTON BEACH COMPREHENSIVE PLAN AMENDMENTS IN COMPLIANCE DOCKET NO. 90-2-NOI-5005-(A)-(I) The Department gives notice of its intent to find the amendment(s) to the Comprehensive Plan for City of Boynton Beach, adopted by Ordinance Nos. 090-69, 090-72, 090-74, 090-60, 090-66, 090-76, 090-78 and 090-58 on December 18, 1990, IN COMPLIANCE, pursuant to Sections 163.3184 and 163.3187, F.S. The adopted City of Boynton Beach Comprehensive Plan amendments and the Department's Objections, Recommendations, and Comments Report, are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City Hall, Planning Department, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an administrative hearing to chal- lenge the proposed agency determination that the amendment(s) to the City of Boynton Beach Comprehensive Plan are in compliance, as defined in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Rule 9J-11.012(8), F.A.C. The petition shall be filed with the Agency Clerk, Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Section 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for inter- vention must be filed at least five (5) days before the final hearing and must include all of the information and contents described in Rule 22I-6.010, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Administration, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550. Failure to petition to inter- vene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Section 120.57, F.S., or to participate in the administrative hearing. R~~~: ~~v'2:~ctor Department of Community Affairs Division of Resource Planning and Management 2740 Centerview Drive Tallahassee, Florida 32399-2100 (The. City vj~ tfl(;YllI011 '11CllC Ii WO 'r, 'J!IlY'1 tOil '}lellt/r '}lOIlJ~'l'iln{ P.O. '}lo;rJ 10 '.Roy II tOil '.Brae/i. froridll 33425,0310 ('jty:J{alt: {qon ';'34.8111 ~'.'n, (.W';') ';'.'8,;-.1'i,<I 30 January 1991 ... Ms. Terry Manning Florida Dept. of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 Dear Terry, As stated in our conversation of 1/28/91, there are ,two conditions regarding the recent amendments for the City of ' Boynton Beach Comprehensive Plan that you should be aware of: 1. In regard to the Tara Oaks PUD, the City of Boynton Beach will not allow any development of this site until a wildlife mitigation plan has been approved by state agencies; specifically, the Game and Freshwater Fish Commission. 2. In the case of all amendments, the City will not allow the level of service on roads affected by the Tara Oaks PUD, Boynton Beach PCD, or the Knuth Road PCD to go below the level of service adopted in our plan. In addition, road improvements required to maintain acceptable levels of service for these projects will be required to be under contract for construction before the City will release building permits on these properties. I hope this information is of some assistance to you. If you should have any questions regarding these matters,please feel free to contact me. Yours truly, CITY OF BOYNTON BEACH c~~(t~ Christopher Cutro, AICP Director of Planning CC/cmc 5l1l1CriCa'i (iatculay to thc (iufFtrctll1l ~~ regional Plannlnng counc 41'J January 18, 1991 Mr. Robert Arredondo Department of Community Affairs Bureau of state Planning 2740 centerview Drive Tallahassee, FL 32399 Subject: Local Government Comprehensive Plan Review - Adopted Amendments to the City of Boynton Beach Comprehensive Plan Including Those Amendments Pursuant to a Stipulated Settlement Agreement Between the City and the DCA Dear Mr. Arredondo: Under the Council's contract with the Department of Community Affairs (DCA), Council is to make an overall finding of consistency or inconsistency of local plan amendments with the Regional Comprehensive Policy Plan (RCPP) . This finding is to be made following the local government's adoption of the amendments, and by formal action of Council. When possible, Council will make such a finding by the 30th day of the 4S-day compliance review period. It is Council's understanding that the DCA will consider the recommendation of Council prior to issuing a notice of intent regarding local plan amendment compliance. On December 26, 1990, Council received a copy of the formally adopted comprehensive plan amendments for the City of Boynton Beach. A review of those amendments was done, with a focus on the City's response to the comments made by the Council as a result of a review of the City's draft comprehensive plan amendments. Attached is a copy of the complete agenda item as approved by Council at a regular meeting held on January 18, 1991. In brief, the adopted comprehensive plan amendments for the City of Boynton Beach were found to be consistent with the Regional Comprehensive Policy Plan. . RECEIVED JHl 22 ;f \ PLANN\NG DE.PT. 322. LW. martin downs btvd. suh 205 . p.o. box 1529 palm city, florlda 34990 phone (<107) 221-<1060 ~ - ..._ "'A.t\ An.."" ,_.... fAn~ ..,,,.. An",.., Mr. Robert Arredondo Department of Community Affairs Bureau of state Planning January 18, 1991 Page Two If you need additional information or have any questions, please do not hesitate to call. s~ncef~ &v ~l M. Cary Executive Director DMC:lb Attachment cc: Chris Cutro, AICP ... TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: council Members AGENDA IT8~ 5C2 From: Staff oate: January 18, 1991 Council Keeting Subject: Local .Government Comprehensive Plan Review-Adopted Amendments to the City of Boynton Beach comprehensive Plan Introduction Pursuant to the Treasure Coast Reqional Planning Council's contract wi th the State Department of COlIDluni ty Affairs (DCA), the Council must review comprehensive plan amendments after their adoption. The City of Boynton Beach has submi tted adopted amendments to the DCA, which in turn is .eekinq-Council-#s'cOlIIJIentS. council's,review of the information provided by the DCA is to focus on the consistency of the adopted amendments with the Raqional ccmprehenaive Policy. Plan (RCPP) developed pursuant to Section 186.507, Florida statutes. A written report, containinq a determination ot consistency with the Regional Plan is to be provided to the DCA within 30 calendar days. of receipt of the plan, elements, or amendments. Backaround The City of Boynton Beach entered into a StipUlated Settlement Aqreement with the DCA ,on July 12, 1990. The ci ty previously submitted draft amendments pursuant to this agreement, as well as six draft amendments to the future land use map not related to the settlement agreement. Council approved a review report for the draft amendments pursuant to the stipulated Settlement Agreement and five of the draft future land use map amendments on August 17, 1990 (see attached). Council approved another review report for a small-scale amendment on september 21, 1990 (also attached) . On October 22, 1990, the DCA issued their Objections, Recommendations, and Comments (ORC) report on these amendments. On December 18, 1990, the City adopted the comprehensive plan amendments. ~ .. Evaluation Staff has completed a review of the adopted ccnlprehenaive plan amendments to the City of Boynton Beach's comprehensive plan tor consistency with the RCPP. Council had one Objection to the Settlement Agreement amendments previously submitted by the City. The objection related to the City's decision to adopt a "maintain" level of service on tour reqional roadways in the City. The City standard would allow Level of Service E to be maintained on these roadways, inconsistent with the Regional Plan. The City'S revised objective 2.1 was an improvement over the City'S adopt8i;i plan, however, which established a "1IUlintain" level of service tor all roadways where level of service standards had been exceeded. The DCA did not include the Treasure Coast Regional Planning Council objection in the ORC report issued for the settlement agreement amendments. The City made no changes to the draft amendments to address Council's objection. council had one objection to the City'S draft amendments to _ the Future Land Ose Map. -- The objection was --re-la1:8d - to - - Amendments 494 and 493, which consist of two parcels of land being proposed tor local retail commercial land use totaling approximately 29 acres. The objection was based on the City'S failure to demonstrate a need for additional commercial land at these locations and the fact that the City'S comprehensive plan ind~cates an existing over- allocation of commercial land use. The ci ty has prepared a response which indicates that a shortage of commercially designated land has been projected in this area and is documented iri the Economic Element of Palm Beach County's comprehensive plan. However, the County staff has indicated that the data upon which the projections were made is outdated and needs to be revised. The City further indicates in its response that much of the commercial land referenced in the City's plan is located in other areas ot the City where lack of demand and/or the depth of the parcels make the future prospect ot development unlikely. Much of the available commercial land is along u.S. 1 and the parcels are of sufficient depth only to accommodate strip commercial development rather than Shopping facilities which include larger anchor stores. The City'S plan discourages additional strip commercial development. The City also considers the changes in land use for these parcels to be minor boundary adjustments, which are consistent with its plan. Since these parcels will accommodate neighborhood shopping centers which can provide for the sale of convenience goods and personal services for the day-to-day living needs of the 2 immediate neiqbborhood, the amendments may be appropriate for this area. The City is stronqly encouraqed, however, to prepare a new analysis of the supply and demand of land use. within and adjacent to the City and to identify needs which are appropriate tor each area of the City. An analysis which identifies specific qeoqraphic needs is especially important to balance the local distribution of land uses as these areas are nearinq buildout because the opportunity to correct any deficiencies is becominq more limited. The failure to carefully balance and orqanize land uses often results in traffic conqestion and subsequent larqe expenditures tor roadway improvements. After a new land use needs analysis is conducted, the City should amend its comprehensive plan accordinqly. Conclusion The adopted amendments appear to be basically CONSISTENT with the qoals and policies contained in the RCPP. Council continues to object to the City'S adoption of traffic level of service standards which are not consistent with the RCPP. Recommendation Council should adopt the comments and recommendations outlined above and approve their transmittal to the State DepartJllent of C01llDlUJtity Affairs in fulfillment of the requirements of the 1990-91 contract with the DepartJllent of Communi ty Atfairs. Council encouraqes the Ci ty to further address the issues of traffic level of service, public/mass transit, elimination of the ocean outfall for sewaqe etfluent, water quality, removal of invasive exotic veqetation, financinq of transportation improvements, and upland habitat preservation in order to be consistent with the Reqional Plan. Attachments 3 TREASURE COAST REGIONAL PLANNING COUNCIL To: Council Members MEMORANDUM BOD I TD CITY' 8 Ac:nOB. TO ADDU.. COOBCII.' 8 COBCS1UI. AU JIOftD III BQI.I) 'fYPB From: staff Date: August 17, 1990 Council Meetinq Subject: Local Government comprehensive Plan Review - Amendments to the City of Boynton Beach Comprehensive Plan Introduction Pursuant to the provisions of the Local Government comprehensive Planninq and Land Development Regulation Act, Chapter 163, Florida statutes (FS), the Council must be provided an opportunity to review and comment on comprehensive plan amendments prior to their adoption. The Ci ty of Boynton Beach has submi tted proposed amendJllents to the state Department of community Affairs (DCA), which in turn is seekinq Council's comments . Council's review of the information provided by the DCA is to focus on the consistency of the proposed amendments with the reqional policy plan developed pursuant to Section 186.507, FS. A written report, containinq any' objections, recommendations for modification, and comments (as defined in Chapter 9J-11, Florida Administrative Code) is to be provided to the DCA within 45 calendar days of receipt of the plan, elements or amendments. Backaround On January 10, 1990, the DCA issued a Notice of Intent to find the comprehensive plan for the City of Boynton Beach not in compliance, pursuant to Section 163.3184, FS. As part of this findinq, the ADOPTED plan was found to be Inconsistent with the Reqional Plan. The City of Boynton Beach is considering draft amendments to the text and policies pursuant to a stipUlated settlement agreement with the DCA. In addition, the City is considerinq five draft amendments to the Future Land Use Map, not related to a stipulated settlement agreement. The locations of the properties under consideration are shown on the accompanying map, and the number of acres and proposed changes in land use designations are summarized in the following list: 5 'W' .."", CITY OF BOnrroN BEACH DRAFT COMPREHENSIVE PLAN AMENDMENTS FU1'uHE LAND USE MAP current Proposed Map Amend. Approx. Land Use Land Us. No. No. Acreaae oes iqnat ion Oesiqnation Acproximate LQcation 1 494 13.9 * C01lDllercial Local Retail Southwest Corner of Hiqh/3 and Co_ercial Boynton Beach Boulevard C01lDllercial and Knuth Road. Recreation 2 493 14.8 *Residential Local Retail South side of Boynton 8 units C01lDllercial Beach Boulevard, per acre between Post Office and stonehaven POD. 3 473 20.1 Low Density Medium Between the Lake Worth Residential Oensity Drainaqe District L-25 Residential and L-26 Canals: west of the Lakes of Tara PUD. 4 471 1.1 Recreational Moderate Within Woolbriqht Density Place POD: lr800 feet Residential north of Woolbriqht Road. 5 ** 1.3 *Co1lDllercial Hiqh/8 Local Retail Ccmaercial Southwest corner of Old Boynton Road and Winchester Park Boulevard. * county Desiqnation - Annexation request has been made. ** (unnumbered) Mall Corner Restaurant Evaluation Amendment No. 494 is located on the southwest corner of Boynton Beach Boulevard and Knuth Road. This property has been proposed for annexation into the Ci ty . The current County desiqnations for the property are Commercial Hiqh/3 for the northern third and C01lDllercial-Recreation for the southern two-thirds, while the proposed Ci ty desiqnation is Local Retail Commercial. Amendment No. 493 is located on the south side of Boynton Beach Boulevard, between the Post Office and the Stonehaven PUD. This property is a county enclave which has been proposed for annexation into the City. The current County desiqnation is Residential/8 units per acre. The proposed 6 Ci ty deaiqnation ia Local Retail Co_ercial. Both of the propoaed change. in lan4 use de.iqnation (aaendmenta '493 and #494) wo~d allow additional retail co..ercial in the area. The city of Boynton Beach adopted comprehensive plan indicates that there may be up to 198 acres of excess commercial land at buildout. However, this fiqure may be reduced to a surplus of only 30 acres when certain adjustments are taken into consideration. The plan concludes that the supply of commercial land in the Boynton Beach market area will be sufficient to meet the demand. Since the southern two-thirds of the property represented by Amendment No. 494 has been desiqnated as residential by the City in their plan for the reserve annexation area and the county'. C~ercial-Recreation desiqnation would not allow office and retail commercial uses, a change to Local Retail Cammarcial would increase the supply of commarcial land. Amendment No. 473 is located between the Lake Worth Drainage District Canals L-25 and L-26 and west of the Lakes of Tara POD. The proposed land use change would allow an increase in residential density from 4.84 dwelling units per acre to 9.68 dwell~ng units per acre. Development on these properties would be required to' connect to the Ci ty' s central water and sewer lines: however, sufficient water treatment capacity will not be available until J~y 1991, aCCOrding to the City of Boynton Beach utilities Department. Traffic on portiona of Boynton Beach Boulevard is projected to exceed capaci ty and no improvements have been recommended. Development on these properties should comply with the Countywide Traffic Performance Standards to ensure consistency with the Regional Plan. Amendment No. 471 is located within the Woolriqht Place PUn. The proposed land use change is the result of a settlement aqreement between the developer and the City. The parcel was originally dedicated to the City aa a public park site: however, the park will be relocated to a 3.5-acre recreational parcel within the POD which will be dedicated to the city. The Mall Corner Restaurant amendment is located at the southwest corner of Old Boynton Road and Winchester Park Boulevard. This property is being proposed for annexation into the City: therefore, the proposed land use change is to incorporate the property into the City's Future Land Use plan. The change would not allow additional commercial wi thin the city. In addition, water and sewer services are available to the property. 7 ,., ..., staff has an obj ection to two of the above proposed FutUre Land Ose Map Amendments. In addition, staff haa one objection to a policy chang. in the Traffic Circulation El...nt. Obiectiona. Recommendation. for Modification. and Comments Amendments No. 494 and No. 493 A. O))j ea'tioD 1. Reqional Goal 16.1.2 is to provide for a balanced, well-planned, compatible mix of land uses which are appropriately located, and Regional Policy 16. 1.2. 2 calls for Future Land Use Maps of government comprehensive plans to be based upon surveys, studies, and data regarding the amount of land required to accoDDllodate anticipated growth, the proj ected population, the character of undeveloped land, the availability of public services, the ability of government to provide adequate levels of service, and the need for redevelopment. The need for addi tional commercial land at these locations has not been demonstrated by the City. The City's comprehensive plan documents an existing over-allocation of commercial land use. a.co....4a'tioD tor Modifica'tioD ,1. Provide an analysis which demonstrates the need for additional commercial land at these locations within in the City of Boynton Beach. If such a need can be documented, additional changes to the City plan may be warranted. The City haa prepared an analysis which indicate. the need for addi tioDal. ccmaercial land. Bowever, the analysi. i. ])a.ed OD intoraatioD in ~a1a Beach County'. Bconoaic Bl..ent, which the County .t~t 1laa indicated i. oll'tdated. Traffic Circulation Element O))jec1:ioD. 1. Modified Obj ecti ve 2. 1 allows for a lower level of service to be maintained on several regional roadway facilitie. than called for in Regional Policy 19.2.1.3. Policy 19.2.1.3 states that the regional roadway network shall be maintained at Level of Service (LOS) C or better during annual average daily conditions and LOS 0 during peak season, peak hour condi tions. The City proposes a "maintain" level of service on four specific regional roadways within the City's jurisdiction. They are: I-95 from Boynton Beach Boulevard to Woolbright Road; Boynton Beach Boulevard 8 tro. Old Boynton Road to Conqre.. Avenue; Conqre.s Avenue troa Boynton Beach Boulevard to the south Ci ty limits; and Hypoluxo Road, east ot I-95. The City standard allows tor LOS E to be maintained on the.e tacilities which is not consistent with Regional Policy 19.2.1.3. If the City has determined that lower levels ot service are appropriate in order to successfully implement other City goals (i.e., redevelopment), then the City would need to provide a complete rationale for the lower level. of service, perhaps in conj unction with the submission ot a Downtown Development of Regional Impact. Rec~eDda~ioD tor Xoditica~ioD 1. The City should adopt a level of service for all regional roadways in its jurisdiction that is equal to or better than Council's LOS C/O Policy 19.2.1.3. LOS C shall be maintained during average annual daily tratfic conditions, and LOS 0 shall be maintained during peak season, peak hour conditions. The Ci~y has ..de DO .pparQ~ chazaqes 1:0 adop~ a level ot servioe UOIl reqioD&1 roadway. OODais~u~ -vi th ~li. -aeqiolial PliUl Recommendation Council should adopt the cOlIDlents outlined above and their transmittal to the state Department of community in fulfillment of the requirements of Chapter 163, Statutes. approve Affairs Florida Attachments 9 . . I . . . . 8 . . ! I ' ! , _8 '1,11- ~ -.- .. J; ,I 8 ~I ! :IJ I III i IlL : , ~ . .' _ iiI........... .. . I II, I Ijj t I t I I '-,--1 ^ - - ---. / I ~ ~ ~ t..J ~ . 8, . I ...- ,. .- . ~: IL., ~ ~ ..... ""'- ~ ~ '-I ..... ~ 00 t. E ; e: If 0 NoI To SQle May, 1989 .-. em LlM1TS _ _ ISl\IJY <<A BIUIlAAY SOURce~ Walter H, Keller Jr.. Inc. u....... Reg; 0l'1S1 Roadways with LOS " !1aintain " lfAl TEH H. K8.1.ER J:I.. INC . ClJnsuJtinl FAli/Wn ~ PJannrs C/Jr,J S/Jrinp. f'Iria 10 II ~ ::1 'llI:: ~ C,J ~ ~ (,J , ..., 10.... ., ~ ~ ~ 10.... ~ , -- - - --I"- ..., - ..", \ , , , \ , ....., ~- , I , , ,1fE, It \.....-0'\ -"'" \ , j J ,5 1& ~ \ __b I\,~ 1\\ i\' 1\\ \\; I\l . .. t.;;r"-"--- ~ __-- aT'i I.1)1l'S _ _ .5't\J1'f .sv. a~ \ \ SOURCE: Vtlal\er H. \<e\\er Jr.. \rtC. c1XlOF~~ ~~ 1.1 & *,"0 ~ May. 1989 'It"'" ie \0\. ~eJ-eR Jl.. It&t CDIfSU)tilt1 (ftfjnfll"s · PJ""": or' SlJl'iltfS. flt1f'i- / ,':,MAIP ~__y:, " '.,:"::;~: -1 .... . . ........- -- .--. . -.---- ~ . . .... ..... ... - .' .... - ...... RESIDENTIAL - - . ... . - - - .~ - - --- . - . "".. __. ... _.__a. . 'E':"ii<<" LOW DENSJTY (LOR) ..,:"I)j';').' I ' _ ~.. -.: '. " :.. . ',~ MAX 4.84 D.U'JA-e1=l"E . . --~.... --,-- . -~':._~- , ' ~ ~:::~ .JAQDER.AIE....D-:E.N.SrrY ., (~Rr :' ~- ". . . . ' .' 'I .. ' ,. , '- " -'J.fAX.7 .2.6 O.li"lA'C-RE' "-J( --.- : I . '. -.---..--- ~".'. --:..' . - :--- \. _ MEDIUM .,OE~I.~rrY ,- .(.MeQ.R)' MAX 9.68 O.UJ AC"'RE -, - " . '1 ~, =-.0:-.-":'-;'- .. _--:._-==-~:-~--~- -_-._..~~... ~ ." . .t .' ':H]G,1:l,DENSlTY: _~OR), ~ . .oo' t. ,'--'M~,.x '\ 0.8 D.U.7 A-Cl{C' # '. , .~ :--.- - _...-.-.- ..- - - --: -----:--- -..-- t ' ,. 1'.1(, - " -. .. ~ .. ..... . '--. . ' . _.-.~~ . ' ~ _ 1.0CAl RETAJL ~f) 8// ,I l , r: i. 1/ , ~ /bcf'/ 4 ' . I.' . I' , I . 11-- / ; I . I + / ' f I I II I Ii!. ~ -' " m GENERAL (GC) ~ .-,;_-1> . , Em tNOUS'TRJAL ....(I) (LRC) " , . , " , - ~---- ...-..-" .:---:-.- ... ,- ~. i , \ - t ...-' _. - .,- ", , . :< 'O.THER . I'" . ...,.... , " ~ . - ----"- - -- - ... -.. . - . . ..... -'" - ---.---_.~ . . . . ~ ~~d ,'AGRtCUl. TURE ..': (A) , ! r-------. -----::- ~'...~ RECRE.ATIONAL' (R) - -..-- ..... _._...- -..--.....-- -...- ~ .. _~tJB.~ _ &, I? RIV A IE {E.f-G--11- GO V ER N M E N~T ALII N'STifLfTloN -', --...- ,- - .-: -- ."-. --'----,-~' '-- -----..---.- - . . ... .~ f"""' _ MIXED USE (MX) ,~' '" ,.. . I ". ... '1? -- - - -----:-: ~-.:..-:-.:.::...:..=-~.:= ,.. - - - -- - - __ ____-c:' _. __...._....., ~" A ~I '-u AT OUf"\\I'l ta~... -.... .-.. ,- ......:...4 ~'.'.'.'.'...'.'.....:.." ........................, ""..,t. '. '... ..:..... ......, I........... ..........., ~I' ............. .....:..., ':.:':':':':':':.:":': ~ :.:.:.:.:.:.:.:.:.::.:. ~J:::::::::::::::::::.::: ~C::::::::::::::::::::::: '....................... ()C....................... ....................... \J ....................... ...................:... ................... ..' .:.:.:.:.:.:.::::::::.: .............. . . .... a:I I _'': '..tr - k .:..;~,;,;+ ; .,~"c,i.( \i,~:::'t:~:~u::~"> '. . '. '. -. '. . h. '.. ... . -'. t-. .\. I~~.\ ~:.:~ ,~~:~~ l::.~' ~..... ...... ....... ~~~.:.... '- ..." ~ COAST 1UIGXONAL PLANNDlG COONCXI. Ml!:MORANDOM To: COUDCU K..aers AGENDA ITEM SC2B Froa: statt Data: Sept.-ber 31, 1990 Council JleetiDq . Subjec1:: LocaJ. Gav~ camprehenaive Plan Review - ~t to the City at Boynton Beach coaprehenaive Plan :ID~et:.i.on Pursuant to the pravuions at the Local. Govermant cc=prehensive Pla.nniDq and. LaDcl eevelopaen1: Raqula1:ion Act, Chapter 163, Florida Statute. (!'S), the COUDCll ...t })e provided an opportwU ty to revi.. and comaeD1: on _ callp1"Uenai v~lan a:aen..iwts -pzaior ,=- thei%' G4wption. - .. '!!he City at Boynton Beach baa subait'ted. . propc.ed ~n't. to the state De~ o~ ~mity Aftairs (DCA), which in turn J.. seeJd.nq councll' s ~ta. COUDcll' . revi.. at the in:toZ'lla1:ion prav1c:lad by the DCA J.. to toc:ua on the conaiataDc::y at 'the propelled ~ with the Raqianal coaprehaaaive Policy plan dave10paci pursuant to Section 186. S07 , l'S. A wri1:ten. J:"aI'Or't. ,containinq any obj ec1:ions, ~~nda1:ions tor moditication. aDd ccmments (as detinacl in Chapter 9J-U, Florida AcbIinistra1:ive Code) is to })e provided to the DCA within 45 calendar days at receipt: ot the plan. el...m:s or Ulend:1len1:s. Backqround. On January 10, 1990, the DCA J..suad a Notice at Intant to tind the c:cmpreh8JUlive plan tor the City at Boynton Beach no1: 1n c01aplianca, purswurt to Sec1:ion 163.3184, PS. Aa part ot this tindinq, the ADOPrZD plan was tound to })e inconsistent with the Reqional Plan. The City ot Boynton Beach is conaiderinq one dra~ amend- ment to the Future Land U_ Element. The 0.84 acre parcel is located on the northeast corner ot Winchestar Park Boulevard and West Boyttt:on Beach Boulevard and is shown on the attached maps. The parcel has been proposed for annexation into the City and the proposed land use chanqe is from the County's cOJIIIIlarcial Hiqh Intansi ty to the City's Local Retai~ commercia~. The amendment is not related to the tindinq ot noncOlIIplianc8 by the DCA. 13 Evaluation The proposed amendment has been reviewed in accordance with the requirements of Chapter 163, FS: Council's review procedures: and Council's adopted Reqional Comprahansi.ve POlicy Plan. The suDject property has been proposed tor annexation and. is currently vacant. Tha chanqe in land usa is nac:...ary in order to incorporate the property onto the Boynton Beach Puture Land 0'_ Map. Development on th.is property is required to connect to the City's central water and sewer lin_. sutticient water treaaent capacity will riot be availaDle until July 1991,. accordinq to the City of Boynton Beach Utilities Oepartment. Oevelopment shoul.d also comply with the Countywide Traffic Pedormance Standards to ensure consistency with the Raqional Plan. Ob;~ions. Recommendations tor Modification. and Comments h~ LaDet U.e B1-.n't: A. Objection None B . CQ1IIIIlen't: None Recommendation council should adopt the COlIIDlents outlined above and approve their tranS1li ttal to the State Department of community Atfairs in tultillment of the requirements of Chapter 163, Florida Statutes. Attacbments 16 I ' , - ~:_ _ _ .... J III II: ~ I 'I' . ' IlL ... ria _ _ ... l. E I; E It 0 "" ... an I...IMITS .. - 1S7UJ'f 4AEA 8ClNJAlff SOURCE; Wafter H. Keller Jr., Inc. General Location Map 00 NDl fo Sale May, 1989 WALTER H. KB.J.aJ ~., INC. C'tIMIIJtilll fJI,i/lHf's . Pllf1f1f1'$ Cr.; S/rinl$. neri. , 1 -- MAP KEY . - ....- - ... .... -.. . , , RESIDENTIAL ., "1 .. - ... .~. ~.. .. -. .. - ..~ CJ L..OW OENSITY U.OR) ~. , MA'X 4.84 O.U.:? A'"CR-e -..... - --..--.~-- . . .~-:._I - .--. m:::( -.M 0 c eR.~J:i....c.,e.H S f.1:Y .. (~R) ,-'MAX,f.2'e"O.UJACR'. ~.' ..,- ------ ------~--.--- ...... ." .-. .. -.- - _ M.EOIUM. OE~I.SlTY . (.MeQJ;) , . MAX 9.SS 0 .U./ AC"RE -~ .'::-:"-:-0- .... .:.-.- -. ---.. ~-~ _HIGI:f. OENSLTY: .~O.eJ-... . " M~X 10.8 O.U.7 AC'RE' - .... --. - -. - .. ---- - -- -~ ...- .. - ;' COMME'RClA.L').', .... . . , , .~' , .. -- .-.......- _. - _. -.- .. , ........ ,,-'-" ~~ .... . ~ OF1=lCe I (OC)' .- ' ........ ....... .. ...--- --.....-. _ .I..OCAL. RETArL (LRC) .. .. ... - . _. . ~ 0" _____ m GEN,ERAL (GC) - ...--, .----..- - . - --- .- ~~~~~1 l NO US TFU A L- (D -~-...- ~ , -: . ~ I , .... ..- . . ',~ OTHE'R .- .. ~...- -...-. - .. - . .. .... .... - ...-:~ ... ~ ,'AGRtCUI.T'tJRE '.'; (A) ~ ~ ~----- - ..........-"'---:.~ RECREATIONAL (R) .. . - -.. . .- . ~~. .E!.UaL~. &. P..RJV A 1:~ __JE,f?_GJ t___ 'GO VeRNMe~T AL/INSTITUTI0'NAL -... ----. ..-. ~ .._-- ~ /~~ -...- .. MIXED use I' ---. ... - ... - .:.. .e..... (MX) - , . _.. - 18. - .- ,-- . .~....-; ::::::~ ..... .~ ::'. J .... ,. .' '. :: ::';&:. ~.-.:J ...... ~ ... .:;. ~ -, I .-.' . {'\ T I i.J-l. .. 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"tl "I:~: ,~ :' ,...r-:' ... ~" 'I t'Lf I .~ ' t.;. ~. ... . . . . . . . - . .:....:.:.:.:.:.:.:.:.:..:.:.:.:.:.~ ~.:;~ .. ~.::::::::.:.:.:.:.:.:.::::::::.:.:~ .. ~. 1:::::::::::::::::::::::::::::::::::\ I.. ,--- ~ ;:::::::::::::::::::::::::::::::::::. \ Jmwm~mmmmmmmm~ l.~~t ::::: r::::::: :::::::::::::::::::::::~ ~' ~~~:H~HHH~:;:~:;:;:HHmHH~:H:~:, .' . . . . ,', .' . . . . . . . ...... . . ~ . ~~~~~~~~~ ~~~~~~~~~;~~~~~H~~~~~~~~~~~~m~ '.~ :.:-:.:.:.:..:.:.:.:.:.:.:.:.::.:.:.:.:.:.:a ~ WI-:.:':-:':":':':.:-:':-:':':.':':-:-:':-:': n ...........:.:.............................. ~ "'~::: :::::::::: :::::::: :::::: :::::: ::::::::::~ :1 .. ~ .: . : . : . : : : : : : : : : : ::: : . : . : : : : : :: :: :: :: :::. :.. ~ ~ ~~~~~~~:~:~:~:~:~:;:;:;;~;~~:~:~:~:~:;:;:;;;~~ i ....................... ....................- ~ ~~.....:.:.:.:.:.:.:....:...:.:.:.:.:.:.:..... ~ ~;:::::::::::::::::::::::::::::::::::::::::::! ~ l.t..:.:.:.:.::::::.:.:.:.:.:.:.::::~;::.:.: - 'J :::::.:.:.:.:.::::::::::::.:.:. ~ :::::~ ~ ........................ ...... .... ...... , ~:.:.::::.:.:.:.:.:.:.:.::::::.: :.::: :.:.:: ' ~'. . . ......~................ .'.:, ...... . . . . . .~... .... .:.:.:. , - : "ti:':'1p'.r "T.' I ,~;:.' ::..~'. '~I'. ~'.. ';":(" ,,,,,, ~ .....;.t,:. ~, ~ ," ,:: ..~ ',' ~:~"I" ~,. l:T ~~ ?;t, --:~ ..!1~""<' .. ..~.; ..... ..., :.~. ::-: .::1: , .... ::~ :.-r! .::-~ -:.: ::.~ .''!t:. :~ .... . l;,..., ,- f' . r.' . .1 .. 't ' J: r ,,' 'l -T 'T: ,. ...,. ,Ii.: ,T. " t ,1f' 'T T Jo' r , 1 ' I ..F ',I ~ .' t, ~t :l; ~ .. '---' ~:T ----l 'r --, ,..-1'" I I .~ --1 ";'~ .~~ ,y. (. ~ :I I- "'-I o ,.... j .- . ',/,77,;'-, ,f .. :.I"'/./'~;~.J./ J' :: I.:.:.:.: '; .'.Ir ..:.:.:.:.:.:.~, 4.;;.,. ... . ::::::::::.:.: v: .............:: ~... r :::::::::::::: ",d ~~~:, .......... . . :e.: .:.:.:.:.::.:.. .~::~ .- t.:.:......:.: .' .~.:.:. . E:.:.:::::::::I- ~~::: :. .~ ~-, :.~'ia. '~~1=i~ ..~~. . . . . ~.. . . . ~ \. .......... ."::7~' ,.. .. ."~";:' 5:-L";o-;, -.~.o:'.. 19 :::::::.:.:.. ~ ........ . .......fj...~.._~ . ......:zs (~~ ~ ::::::.:~ .~ ::. ~ .... ...- ......... . ,-._.1itIw ~......:.~rol!.It:SlI. .mj:.j:f -~-'" .,- ..- .. '. !::!;~,:!~ ..;;. \.::. --,. - _..~.-.__.- -~.._---_... -"-_._-~.. ~--- , I 'If;e City of' tftoynton 'Beach 100 'E. 'Boynton '.Bc(U!i '.BouLevard ']',0. '.Bo,t 31 0 'Boynton 'Beaeli, Jlorida 33425-0310 City:J{af( (..JOi) '734-8111 'f5'L\': (40n '138-'74_"9 OFFICE OF THE PLANNING DIRECTOR December 19, 1990 Mr. Robert Pennock, Chief Bureau of Local Planning Div. of Resource Planning & Management State of Florida Dept. of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 RE: Transmittal of Adopted Comprehensive Plan Amendments Dear Mr. Pennock: Enclosed you will find four copies of the following: A revised Future Land Use Map, Adopted Comprehensive Plan Amendments, and response to the Department of Community Affairs' Objections, Recommendations, and Comments (ORC) Report. The Plan Amendments and ORe response is organized as shown in the sections listed below: 1) Section 1 - includes the Remedial Plan Amendments adopted pursuant to the Stipulated Settlement Agreement, and corresponding ordinance, 2) Section 2 - includes the list of Findings Which Provides Basis For Adoption of Proposed Amendments (response to ORC), and related plan amendments and ordinances, 3) Section 3 - includes those adopted Land Use Plan Amendments and corresponding ordinances as previously reviewed and without objections, recommendations, and comments, and 4) Section 4 - simply includes the adopted revision to Comprehensive Plan Policy 1.16.1 to allow adult entertainment establishments within the Industrial Land Use Category. The Comprehensive Plan Amendments, as referred to as Amendments !ilmericas (jateway to the (juff,'trec1m To: Mr. Robert Pennock -2- December 19, 1990 90-2 and 90S1, in addition to the Remedial Plan Amendments, were adopted by City Commission on December 18, 1990 pursuant to Chapter 9J-ll.Oll F.A.C., and are being transmitted for Compliance Review. Pursuant to Item #31 in the Stipulated Settlement Agreement between the City and the Department of Community Affairs, I am also requesting the release of second payment of assistance funds. As requested, a copy of the Plan Amendments was sent directly to the Treasure Coast Regional Planning Council. To assist in the timely review of these Plan Amendments, it was understood that one copy would be provided directly to the Regional Planning Council, concurrent with the transmittal of the remaining four copies to the Department of Community Affairs. If you have any questions concerning these Plan Amendments, please do not hesitate to contact me. Very truly yours, ~UTR~P Planning Director MR:cp Encs. ENVIRONMENTAL ASSESSMENT TARA OAKS 20 ACRE PARCEL BOYNTON BEACH, FLORIDA December 1990 CZR, Incorporated 1150 South U.S. Highway 1, Suite Jupiter, Florida 33477-7236 (407) 747-7455 --~--_._-~._---'-"._"-----,.._-,-~-----,---~._._-_._----'---------.-...-- ,- 201 ENVIRONMENTAL ASSESSMENT TARA OAKS 20 ACRE PARCEL BOYNTON BEACH, FLORIDA INTRODUCTION On 10 December 1990, two CZR, Incorporated biologists conducted a brief assessment of the proposed Tara Oaks development site. The rectangular parcel is approximately 20 acres in size and is located in the City of Boynton Beach, west of Interstate 95 and Congress Avenue, and south of Boynton Beach Boulevard. Kilday and Associates, Landscape ArChitects/planners, have coordinated with CZR, Incorporated and made available historic aerial photography of the site documenting past land uses and discernible changes in vegetative cover. These historical aerial photographs document the occurrence of a dairy farm building and improved pasture on the site. Preexisting site vegetation was cut and cleared to create improved pasture and secondary regrowth has occurred in previous pasture areas. Remains of a dairy barn building still exist at the northern end of the Tara Oaks parcel. Historic aerial photography indicates that the Tara Oaks site was occupied partially by wetland. Since the photos were taken, the wetland has been impacted, to the point of disappearance, through drainage of the site soils by perimeter ditching and surrounding development. METHODS Pedestrian transects were conducted to determine areas of different vegetative species composition and degree of disturbance, to observe wildlife -1- 12 December 1990 or sign, and to observe the presence of any state or federally listed species. Eight separate areas were delineated within the site (as illustrated in Figure 1, 1"=300' aerial photograph of the site). Vegetative species present in each of these areas were identified and listed according to stratum and dominance within each area. Results of these observations are recorded below. RESULTS A majority of the vegetation present in the 20 acre Tara Oaks site is secondary growth, which developed subsequent to use of the site as improved pasture. The parcel described may be using three community types (Brazilian pepper monoculture in the northern one-third, disturbed non-forested area in the central one-third, and disturbed scrub in the southern one-third). The parcel can be separated further into eight areas, in order to describe degree of disturbance and differences in vegetative components. These eight areas are delineated in Figure 1. Descriptions of the eight areas follow. Area 1 occupies the south and southwestern portion of the site (Figure 1). Within Area 1 are several slash pine approximately 30 feet in height which probably existed prior to conversion of the site to improved pasture. Other canopy species are scrub oak (Quercus geminata), and Brazilian pepper (Schinus terebinthifolius). Ninety percent of Area 1 is occupied by wild grape (Vitis spp.) which covers many other vegetative species present. Vegetation present in Area 1 is listed below. Canopy dominant Slash pine (Pinus elliottii) -2- 12 December 1990 Subcanopy Scrub oak (Quercus gemina~a) Brazilian pepper (Schinus ~erebin~hifolius) - occasional Eucalyptus (Eucalyptus spp.) Ficus (Ficus aurea) Live oak (Quercus virginiana) - dominant Brazilian pepper (Schinus ~erebin~hifolius) Grapevine (Vitis ro~undifolia) - occasional Saw palmetto (Serenoa repens) Southern prickly-ash (Zan~hoxylum clava-herculis) Gallberry (Ilex glabra) Groundcover - dominant Grapevine (Vitis rotundifolia) - occasional periwinkle (Catharanthus roseus) Broomsedge (Andropogon spp.) Brazilian pepper seedlings Caesar Weed (Urena loba~a) Lovevine (Cassytha filiformis) -3- 12 December 1990 Area 2 is southeast of Area 1 and appears to have been disturbed recently, perhaps due to maintenance of the ditch/canal which parallels the site's southern boundary (F igure 1). There is no canopy or subcanopy cover in Area 2. Groundcover consists of Panicum, and Andropogon grasses, interspersed with wild grape vine and weeds, including dogfennel (Eupatorium capillifolium) and fleabane (Erigeron sp.). Area 3 occurs northeast of Area 1 (Figure 1). Vegetation in Area 3 is listed below and is comprised of a mixture of native shrub species (fetterbush and gallberry), several scattered native trees (sand pine, slash pine and scrub oak) and disturbance or exotic species. Canopy dominant Brazilian pepper (Schinus terebinthifolius) - occasional Short leaf fig (Ficus citrifolia) Dove Plum (Coccoloba diversifolia) Sand pine (Pinus clausal Eucalyptus (Eucalyptus spp.) Slash pine (Pinus elliottii) Scrub oak (Quercus geminata) -4- 12 December 1990 ., Subcanopv - occasional Saw palmetto (SerenOa repens) Fetterbush (Lyonia ferruginea) Gallberry (Ilex glabra) Groundcover Herbaceous - dominant Grapevine (Vitis rotundifolia) Smilax vine (Smilax laurifolia) Love vine (Cassytha filiformis) - occasional Aloe (Aloe spp.) Tree cactus (Cereus spp.) Bowstring hemp (Sanseviera spp.) Prickly pear cactus (Opuntia humifusa) panicum grass (Panicum spp.) Dog fennel (Eupatorium capillifolium) Fleabane (Erigeron spp.) Area 4 is directly north of Area 3, and extends from the north-south central road to the eastern property boundary (Figure 1). Vegetation of Area 4 is very similar to that of Area 3 with the exception of native slash pine trees which do not occur in Area 4. No canopy is present in Area 4. Vegetation is listed below. Subcanopv - dominant -5- 12 December 1990 Fetterbush (Lyonia ferruginea) Gallberry (Ilex glabra) occassional Scrub oak (Quercus sp.) Groundcover - dominant Grapevine (Vi~is ro~undifolia) Smilax (Smilax laurifolia) Love vine (Cassy~ha filifor.mis) - occasional Brazilian pepper (Schinus ~erebin~hifolius) Colic root (Ale~ris pp.) Aster (As~er re~icula~us) Wiregrass (Aris~ida s~ric~a) panicum grass (Panicum spp.) Prickley pear cactus (Opun~ia humifusa) Slash pine seedlings (Pinus ellio~~ii) Area 5 is north of Area 4 and extends from the north-south road to the eastern property boundary (Figure 1). Area 5 appears to have been impacted recently by vehicular traffic and casual dumping of lawn clipping and trash. Vegetation of Area 5 is similar to that of Area 4, but Area 5 has more open space, and a lower density of plants. In addition, several large (6"-20" dbh) live oak trees (Quercus virginiana) are growing in the eastern portion of Area 5. These live oaks may have existed previous to clearing activities. -6- 12 December 1990 . _._._-~~----'--_._--._------"-- Area 6 extends along the western edge of the site from Area 1 in the south to Area 8 in the north (Figure 1). Degree of disturbance within Area 6 varies from 0 to 80%, but vegetation is typified as below. Brazilian pepper and wild grape vine are the two major disturbance species present in this area. Canopy - dominant Slash pine (Pinus ellio~~ii) Brazilian pepper (Schinus terebinthifolius) - occassional Live oak (Quercus virginiana) Sand pine (Pinus clausa) Subcanopv Brazilian pepper (Schinus ~erebin~hifolius) Grape vine in pine and pepper trees (Vitis rotundifolia) Scrub oak (Quercus sp.) Groundcover - occasional Smilax (Smilax laurifolia) Brazilian pepper (Schinus terebinthifolius) Colic root (Aletris pp.) Aster (Aster reticulatus) Wiregrass (Aristida stric~a) Broomsedge (Andropogon spp.) -7- 12 December 1990 '. Prickly pear cactus (Opuntia humifusa) panicum grass (panicum spp.) Dog fennel (Eupatorium capillifolium) Fleabane (Erigeron spp.) Area 7 extends from the north-south road to the eastern property boundary beginning at the western extension of Southwest Congress Boulevard in the south to Area 8 in the north (Figure 1). Densities of the below-listed vegetative species vary across Area 7, but the degree of disturbance in this area is high, as evidenced by a large percentage cover of wild grape vine. Canopy - occasional (although scattered) Scrub oak (Quercus sp.) Subcanopv occasional Saw palmetto (Serenoa repens) Brazilian pepper (Schinus terebinthifolius) Groundcover - occasional (scattered) Broomsedge (Andropogon spp.) Smilax (Smilax laurifolia) Aloe (Aloe sp.) Gopher apple (Licania michauxii) Prickley pear (Opuntia humifusa) Sand spurs (Cenchrus spp.) Shiny blueberry (Vaccimium spp.) Dog fennel (Eupatorium capillifolium) -8- 12 December 1990 Love vine (Cassytha filifor.mis) Wiregrass (Aristida stricta) Poinsettia (Poinsettia heterophylla) Partridge pea (Cassia fasciculata) Panic grass (Panicum spp.) Periwinkle (Catharanthus roseus) Area 8 is in the northernmost portion of the property (Figure 1). Approximately 90 percent of Area B is occupied by mature Brazilian pepper trees. An abandoned dairy barn is present in Area 8. Several slash pine occur in the northwest corner of Area B and these trees are the only factor that prevent defining Area 8 as a Brazilian pepper monoculture. No subcanopy or groundcover of any other species occur in Area 8. WILDLIFE/PRESENCE OF LISTED SPECIES During observation on site, numerous active and inactive gopher tortoise (Gopherus polyphemus) burrows were encountered. The majority of burrows were observed in Areas 1 through 7, and it is unlikely that gopher tortoise would occur in Area 8, because the Brazilian pepper monoculture does not allow growth of herbaceous forage species. A comprehensive survey of the site for the specific purpose of locating and mapping gopher tortoise burrows will be needed to assemble a reasonable estimation of population size. Development of surrounding areas may have caused migration of tortoises into the Tara Oaks site, resulting in higher than natural tortoise densities on the site. In addition, the ratio of number of tortoises per number active plus inactive burrows in disturbed areas has been documented by CZR to be higher than the ratios -9- 12 December 1990 encountered on undisturbed areas. The gopher tortoise is listed by the State of Florida as a species of special concern. The gopher tortoise is not listed as a protected species by the Federal government. No other listed species of animal or plant were observed during site inspection. Other wildlife or signs observed while on site were mockingbird (Mimus polyglo't'tos), American crow (Corvus brachyrhynchos), and tracks of raccoon (Procyon lo'tor). SUMMARY The Tara Oaks site has been impacted historically in several ways. Clearing of vegetation to create improved pasture has removed most of the preexisting canopy and subcanopy. Only a small amount of preexisting vegetation is present on the site (several slash pine trees). Most of the vegetation present on site is the result of secondary regrowth since use of the area as pasture. The disturbed nature of the site (cleared) has allowed regrowth of Brazilian pepper, an exotic nuisance tree, and wild grape vine, which is a native plant that typically colonizes disturbed areas. Both of these species, in combination with the presence of other exotic and ornamental species which may be present due to use of the site as a dump, have excluded the growth of a variety of native species which would yield native habitat diversity and higher wildlife value on the site. -10- 12 December 1990 Comparison of historical aerial photography to present conditions of the site indicates that the site has been drained, probably due to the presence of ditches/canals which border the site to the west and south, and development and subsequent stormwater management surrounding the site. Thus, hydrologic conditions of the site have been altered and vegetative communities which now occur on site are more xeric in nature (i.e, scrubby pine flatwoods species vs. wet pine flatwoods) than those that originally occurred. Degree of disturbance on the site varies. The northernmost area (Area 8) is occupied almost exclusively by Brazilian pepper and should be considered as completely disturbed. Degree of disturbance decreases in areas towards the south end of the site. Areas 2, 3, 4, 5, 6, and 7 are disturbed, as evidenced by the presence of Brazilian pepper and wild grape vine, but they are vegetated partially in native species, and may offer some wildlife value for birds, and some "urban tolerant" animals such as racoon, opossum, and some rodents. Area 1, in the southernmost portion of the site, although containing what appears to be the only original site vegetation (slash pine) is also heavily invaded by Brazilian pepper and wild grape vine. In summary, evaluation of different areas of the site as potential preserve areas or preferable development areas, leads to the conclusion that use of the northernmost portion (Area 8 and part of Area 7) as development areas would be the most logical choice. Preservation of scrub oak and slash and sand pine trees in Areas 1 through 7 is desirable, as would be management of these areas to eradicate Brazilian pepper and control of wild grape vine, and planting and management of existing native xeric vegetation. Management of Areas 1 through 7 as gopher tortoise habitat would be possible, because site soils are obviously -11- 12 December 1990 '. compatible with the existence of gopher tortoise (as evidenced by presence of active burrows) and vegetation could be managed to maintain open areas for feeding, and promote the growth of desirable forage vegetation. -12- 12 December 1990 ... " Of ~.::: -..' .,f::~y CZR Incorporated. 10 DEC. 1990 ; to ~:., ~:=-;. eo-. .. ,; ~:. SCALE: 1" = 300' ~~. ..',e, ., '-, ~ ~~-~' ~." ~.. ..::t......., , '. .,". ~ ...:. ...~. .. ... '.,~~ " "..; (..~'-, "' "'. ,,' "'..i.' ',c"~.' It'" .;" t,~'-'; ~", '''.'' 11f!i:~'JiPt.~ ~.~.dl-'. .,_ ' , ,', ~ TARA OAKS ENVIRONMENTAL ASSESSMENT g CP#1099 FIGURE 1 Kilday It Aeeoc.... Landscape Architects/ Planners 1561 Forum Place Suite 100A West Palm Beach, Florida 33401 De~_~ ~ F~fJ07l689-2592 Mr. Christopher Cutro Planning Director City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Fl 33425 Re: Knuth Road P.C.D. - Ref. #799.5 Boynton Beach P.C.~. - Ref. #799.9 Tara Oaks ?u.D. - Ref #799.10 Dear Hr. Cutro, Pursuant to our meeting on 11/30/90, following for your rev~ew: we have enclosed the -Letter from Mr. Y.. S. Rogers, Traffic Consultant for the applicant, detailing confirmed road improvements that positively affect the traffic analysis for Knuth "Road P.C.D and Boynton Beach Blvd. P.C.D. -Proposal from CZR, Inc., Environmental Consultants, for possible Goph~r ?or~oise relocation on the Tara Oaks sIte. 'rhis proposal wa3 requested over a month' ago in anticipation of the need to relocate most of the Gopher Tortoise on site due to habitat overpopulation. While we feel that the Tara Oaks site has been disturbed to the point that it is not a viable native habitat, we are committed to prese~ving habitat if the City so desires. We have contacted Tom FucignQ with CZR and requeste~ that they a~end tha above noted proposal to include an environmental assessment of the site. We expect to work with CZR in preparing support documentation for our response report to D.C.A. The above information shoul~ help alleviate any co~cerns you may have regarding approvals for the above noted projects. If you have any questions or need additional information, please don't hesitate to call. Sincerely, ~'~ ./ /~'" , ,;-?": ~' //;/ ~~/ / ~/~--_._-_.-- ~J1I-~ /.?-?"'" Chuck Yannette RECEIVED OEC 4 l~ PLANNING DEPT. ... K.S. ROGERS, CONSULTING ENGINEER, INC. 1495 Forest Hill Boulevard, Suite F West Palm Beach, FL 33406 (407) 964-7300 (FAX) 969-9717 December 3, 1990 Mr. Christopher Cutro Planning Director City of Boynton Beach 120 N.E. 2nd Avenue Boynton Beach, FL 33425 RE: Knuth Road PCD Boynton Beach Blvd. PCD Reply to DCA Response Dear Cutro: We have been asked to prepare a reply to the comments prepared ~ the Department of Community Affairs (DCA) concerning the compati~ bility of the traffic impacts from these proposed commercial developments and the City of Boynton Beach Comprehensive Plan. , . Since the preparation of the Traffic Impact Analysis for the two projects, a number of traffic related developments have tran- spired which impact these projects. These traffic developments are: 1. Palm Beach County has awarded the contract for and construction has commenced on the four 1aning of Woolbright Road (S.W. 15th Avenue) between Congress Avenue and Military Trail. Computer estimates prepared by Palm Beach County show that there is expected to be a 10,000 trip per day decrease in traffic on Boynton Beach Boulevard between Military Trail and Congress Avenue and a 3,000 trip per day decrease in traffic on Boynton Beach Boulevard between Congress and 1-95. 2. Palm Beach County has awarded the contract for and construction has commenced for the expansion from four to six lanes of Congress Avenue from Boynton Beach Boulevard north of Miner Road. 3. Palm Beach County has awarded the contract for and construction has commenced for the expansion from two to six lanes for Military Trail from Boynton Beach Boulevard north to Hypoluxo Road. _.."---"..._,..,-----_._-------~---- " Mr. Christopher Cutro, Planning Director, City of Boynton Beach December 3, 1990 Knuth Road PCD Boynton Beach Blvd. PCD Page Two 4. The Florida Department of Transportation (FDOT) has committed to the widening of Boynton Beach Boulevard from two to four lanes from the Florida Turnpike to E1 Clair Ranch Road and from two to six lanes from E1 Clair Ranch Road to Military Trail. This construction is scheduled to commence during the first quarter of 1991. 5. FDOT has scheduled the construction of the interchange on I-95 with N.W. 22nd Avenue during the current fiscal year. This interchange is expected to ini tia11 y divert a minimum of 8,000 trips per day off of Boynton Beach Boulevard between Con- gress Avenue and I-95 and off of Congress Avenue between Boynton Beach Boulevard and N.W. 22nd Avenue. 6. Palm Beach County has scheduled improvements to the link of Boynton Beach Boulevard between Old Boynton Road and I-95 which will expand that link to a six lane road. This work will be completed during the current year. The completion of this considerable list of roadway projects will provide a substantial amount of additional roadway capacity in the area around these two projects. These improvements will also allow for the redistribution of traffic away from Boynton Beach Boulevard and Congress Avenue and onto Woolbright Road (S.W. 15th Avenue) and onto N.W. 22nd Avenue. With this additional roadway capacity and the redistribution of traffic which is expected, it is concluded that there is adequate roadway capacity available for these two projects and that the City's goals and objectives for providing adequate capacity have been met. Very truly yours, KSR/jr (cr:commtp2.krd:Dec90#1) -----_.__..._--_._._---~---_._.._-_._..._._._---- CITY of BOYNTON BEACH ~ ~ 100 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach, Florida 33435,0310 14071734.8111 OFFICE OF THE PLANNING DIRECTOR October 26, 1990 Attn: Mr. Kieran J. Kilday Kilday & Associates 1551 Forum Place, Bldg. 100A West Palm Beach, FI 33401 RE: Boynton Beach Blvd. PCD, Knuth Road PCD, & Tara Oaks PCD Dear Mr. Kilday: We have recently received the Florida Department of community Affairs' Objections, Recommendations and Comments Report (ORC) which contains responses to the above-referenced Comprehensive Plan amendments, and am forwarding them to you for your review. A copy has also been provided to the city's Forester/Environmen- talist, and as soon as his comments regarding the scrub habitat, and endangered and threatened species are available, they will be provided to you. As indicated in the Report, the comments must be addressed, amendments revised and adopted, and resubmitted for compliance review within 60 days. Please review the report and provide our office with your responses to each objection by November 13, 1990. If you have any questions concerning the above, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH ~()L----" ~ CHRISTOPHER CUTRO, AICP Planning Director MR:frb Enc C:Kilday STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2740 CENTERVIEW DRIVE. TALLAHASSEE, fLORIDA 12199 808 MARTINEZ c__ October 22, 1990 THOMAS G. PElHAM S<<r~...y The Honorable Gene Moore Mayor of Boynton Beach 100 E. Boynton Beach Boulevard Post Office Box 310 Boynton Beach, Florida 33425-0310 Dear Mayor Moore: The Department has completed its review of the proposed comprehensive plan amendments (DCA No. 90-2 and 90S1) for the City of Boynton Beach, submitted on July 10 and 26, 1990. Copies of the proposed amendments have been distributed to appropriate state, regional, and local agencies for their review and their comments are enclosed. I am enclosing the Department's Objections, Recommendations' and Comments Report, issued pursuant to Rule 9J-l1.010, Florida Administrative Code. Upon receipt of this report, the City of Boynton Beach has 60 days in which to adopt the proposed amend- ments, adopt the amendments with changes, or reject the amendments. The process for adoption of amendments to local comprehensive' plans is outlined in s.163.3184, Florida statutes, and Rule 9J-11.011, Florida Administrative Code. The Objectionsr Recommen- dations and Comments Report does not include objections relating to the Stipulated Settlement Agreement amendments: however, objections have been raised"on the other amendments which have been submitted. within five working days of the date of adoption, the City of Boynton Beach must submit the fOllowing to the Department: Five copies of the adopted comprehensive plan amendments: A signed copy of the adoption ordinance: ~<:~I11~1) A listing of additional changes not previously reviewedGCT 24 ~ PLANNING DEPT. EMERGENCY MANAGEMENT . HOUSING AND COMMUNITY DEVElOPMENT . RESOURCE PLANNING AND MANA(.tMI:I~~ - The Honorable Gene Moore October 22, 1990 Page Two A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendments and documentation are required for the Department to conduct the compliance review, make a compliance determination and issue the appropriate notice of intent. As a deviation from the requirement above, you are requested to provide one of the five copies of the adopted amendment directly to the Executive Director of the Treasure Coast Regional Planning Council. The regional planning councils have been asked to review adopted amendments to determine local comprehensive plan consistency with the Comprehensive Regional Policy Plan. Please forward these documents to the regional planning council concurrent with your transmittal to the Department. Your cooper- ation is appreciated in this matter. If you have any questions, please contact Robert Pennock, Chief, Bureau of Local Planning, or Maria Abadal, Plan Review Administrator at (904) 487-4545. Sincerely, ~a~ ~or; Division of ~:~o~~e Planning and Management ~ RGN/tmm -' Enclosures: Revi~w Agency Comments cc: James J. Golden, Interim Planning Director Daniel M. Cary, Executive Director, Treasure Coast Regional Planning Council . DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS FOR BOYNTON BEACH AMENDMENTS9~2.Dd90S1 '... I October 22 1990 Division o? Resource Planning and Management Bureau of Local ~Ianning Thil report II prepared punuant to Rul. QJ-11.010' INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the proposed comprehensive plan amendment(s) pursuant to s.163.3184, F.S. Objections (A. in the attached report) relate to specific requirements of relevant portions of Ch. 9J-5, F.A.C., and Ch; 163, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one of the other state agencies. If there is a difference between the Department's objection and the state agency advisory objection or comment, the Department's objection would take precedence. Each of these objections must be addressed by the local government and corrected when the amendment(s) is resubmitted for our compliance review. Objections which are not addressed may result in a determination that the plan is not in compliance. The Department may have raised an objection regarding missing data and analysis items which the local government considers not applicable to its amendment(s). If that is the case, a statement justifying its non-applicability pursuant to Rule 9J-ll.004(2) (f), F.A.C., must be submitted. The Department will make a determination on the non-applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments (B. in the attached report) which follow the objections and recommendations section are advisory in nature. Comments do not represent objections and will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning-principles, methodology or , logic, as well as editorial in nature dealing with grammar, , organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections" heading in this report. -------.----.--..---- OBJECTIONS, RECOMMENDATIONS AND COMMENTS City of Boynton Beach Amendments 90-2 and 90S1 FUTURE LAND USE ELEMENT A. . OBJECTIONS Analvsis 1. 9J-5.006(2) (b)4. The proposed Tara Oaks Planned Unit Development (PUD) map amendment of Amendment 90-2, which will increase the density from 4.84 dwelling units per to 9.68 dwelling units per acre, does not include an analysis of the site in order to determine its suitability for use based on natural resources even though an internal city memorandum (Recreation & Park Memorandum #90-278, dated June 5, 1990) states that an assessment of plant and animal species is needed for the site, and should address the existing gopher tortoise (a protected species) and scrub jay (a threatened species) populations. Another internal City memorandum (Planning Department Memorandum #90-177) states that scrub oaks, the scrub jay's habitat, are also found on the site. In addition, another internal City memorandum (Recreation & Park Memorandum #90-321, dated June 18, 1990) states that a preliminary survey of the site on June 15, 1990 revealed that are a significant number of gopher tortoise burrows existing on the site. Recommendation Include an analysis of this site in order to determine its suitability for use based on natural resources. Revise the densities to protect the existing natural resources. Alternatively, increase the amount of open space on the site to protect natural resources. 2. 9J-5.006(2){C) The proposed Knuth Road Planned Commercial Development (PCD), Boynton Beach PCD and Tara Oaks PUD map amendments of Proposed Amendment 90-2, will change the density or intensity of land use: however, Proposed Amendment 90-2 does not include an analysis of the cumulative affect of these land use changes on the amoun~ of land needed to accommodate the projected 1 population. In addition, the proposed map amendments are not consistent with the analysis in the adopted plan, which states that these sites should be developed at lower densities or intensities of use and that an over-allocation of commercial land exists in the city. Recommendation Include an analysis of the cumulative affect of these land use changes on the amount of land needed to accommodate the projected population. Include in the analysis how these land use changes are consistent with the analysis of future land uses in the adopted plan. Goals. Objectives and Policies 3. 9J-5.006(3) (b) 1. . (3) (c)3. and (4); and 9J-5.007(3) (b)2. Proposed Amendment 90-2 is not consistent with Objectives 1.3 and 2.1 and policies 1.3.3 and 2.1.3, which commit the City to coordinating future land uses by limiting the type, intensity and location of land uses to maintain traffic circulation levels of service, because the Knuth Road PCD and Boynton Beach PCD map amendments will exceed the traffic circulation levels of service. Recommendation Include an analysis of how the Knuth Road PCD and Boynton Beach PCD map amendments are consistent with Objectives 1.3 and 2.1 and Policies 1.3.3 and 2.1.3. Alternatively, revise the densities and intensities of the proposed map amendments to be consistent with Objectives 1.3 and 2.1 and Policies 1.3.3 and 2.1.~. 9J-5.006(3) (b)4.. (3) (c)6. and (4) 4. The proposed Tara Oaks PUD map amendment of Amendment 90-2 which will allow higher density development on a site where known endangered or threatened species are found, is not consistent with Objectives 1.11 and Policies 1.11.2, which commit the City to the protection and preservation of native habitat and endangered species. Gopher tortoises (a protected species) and scrub jays (a threatened species) are known to exist on the site. In addition, an analysis of the site in order to determine its suitability for use based on natural resources has not been included. See also the objection raised for 9J-S.006(2) (b)4. 2 Recommendatio!,\ Include an analysis of the site in order to determine its suitability for use based on natural resources. Revise the densities to protect the existing natural resources. 5. 9J-5.006(3) (c)7. and (4) The proposed Knuth Road PCD, Boynton Beach PCD and Tara Oaks PUD map amendments of Proposed Amendment 90-2 are not consistent with Objectives 1.17 and 1.19 and Policies 1.16.4, 1.17.1, 1.17.3, 1.17.8, 1.19.5 and 1.19.6 because these amendments will change the density or intensity of land use, which commit the City to discouraging and preventing increased commercial and residential development. The proposed map amendments will increase the density or intensity of use. In addition, Proposed Amendment 90-2 is not supported by the analysis because an analysis of the cumulative affect of these land use changes on the amount of land needed to accommodate the projected population is not included. See also the objection raised for 9J- 5.006(2) (c). Recommendation Include an analysis of how the proposed map amendments are consistent with Objectives 1.17 and 1.19 and Policies 1.16.4, 1.17.1, 1.17.3, 1.17.8, 1.19.5 and 1.19.6. Include an analysis to resolve the referenced objection for 9J-5.006(2) (c). B. COMMENTS None. CONSERVATION ELEMENT '... A. OBJECTIONS . Data and Analysis 1. 9J-5.013(1)(bl The proposed Tara Oaks PUD map amendment of Amendment 90-2 does not include an identification of all wildlife and species listed as endangered, threatened or species of special concern found on the site and an analysis of the potential for protection of species listed as endangered, threat~ned or species of special concern. This is a site where goph~r tortoises 3 (a protected species) and scrub jays (a threatened species) are known to exist and a significant number of gopher tortoise burrows have been found. Recommendation Include an identification of all wildlife and species listed as endangered, threatened or species of special concern found on the site and an analysis of the potential for protection of species listed as endangered, threatened or species of special concern, and in particular address gopher tortoises and scrub jays. For example, the threatened eastern indigo snake is a commensal of the gopher tortoise and use gopher tortoise burrows as habitat. In addition to the eastern indigo snake, more than 80 other wildlife species, including the threatened scarab beetle, and species of special concern, such as the gopher frog, pine snake and burrowing owl, use gopher tortoise burrows as habitat. Goals. Ob;ectives and policies 2. 9J-S.013(2l (bl4. and (2l (clS. The proposed Tara Oaks PUD map amendment of Amendment 90~2 is not consistent with Objective 4.S and Policy 4.S.1, which commit the City to the protection and preservation of native habitat and endangered and threatened species, because the proposed amendment will allow higher density development on a site where gopher tortoises (a protected species) and scrub jays (a threatened species) are known to exist and a significant number of gopher tortoise burrows have been found. See also the objections raised for 9J- .006(2) (b)4. and 9J-S.013(1) (b). Recommendation '.. Include an analysis of how the proposed map amendment is consistent with Objective 4.S and Policy 4.S.1. Include an analysis to resolve the referenced objections for 9J-.006(2) (b)4. and 9J-S.013(1) (b). B. COMMENTS None STATE COMPREHENSIVE PLAN CONSISTENCY A. OBJECTIONS 4 . 1. 9J-5.021(1) Proposed Plan Amendment 90-2 does not adequately address and further the following state comprehensive Plan goals and policies: (a) Goal 10 (Natural systems and Recreational Lands), Policies 1 and 3 because the Tara Oaks PUD map amendment will allow higher density development on a site where gopher tortoises and scrub jays are found and the amendment does not protect endangered and threatened species. (b) Goal 16 (Land Use), Policy 1 because the cumulative impacts of the Knuth Road PCD, Boynton Beach PCD and Tara Oaks PUD does not encourage efficient development and maintain level of service standards for roadways. (c) Goal 20 (Transportation), Policy 13 because the level of service standards for roadways cannot be maintained. Recommendation Revise Plan Amendment 90-2 to be compatible with and further the above referenced state comprehensive Plan goals and objectives. B. COMMENTS None REGIONAL POLICY PLAN CONSISTENCY A. OBJECTIONS 1. 9J-5.021(1) 0.. Proposed Plan Amendment 90-2 does not adequately address and further the following Regional Policy Plan goals ana policies: (a) Goal 10.2.1 (Natural systems and Recreational Lands), Policies 10.2.1.1 and 10.2.1.2 because the Tara Oaks PUD map amendment will allow higher density development on a site where gopher tortoises and scrub jays are found and the amendment does not protect endangered and threatened species. (b) 'Goal 16.1.1 (Land Use), Policy 16.1.2 because the 5 cumulative impacts of the Knuth Road PCD, Boynton Beach PCD and Tara Oaks PUD does not encourage efficient development and maintain level of service standards for roadways. Recommendation Revise Plan Amendment 90-2 to be compatible with and further the above referenced goals and objectives of the Treasure Coast comprehensive Regional Policy Plan. B. COMMENTS None '.. .. .':' '~t~2,~~1~;!' . ,,-_ ,<~,~...t_ ,.} .:_;,,:"12- >...:. -.',':';:~IJ:~-' ,.. ....r ':."-: Ii.~~ ~ ~.: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2740 CENTERVIEW DRIVE. TALLAHASSEE, FLORIDA 32399 Governor THOMAS G. PELHAM Secretary 80B MARTINEZ July 18, 1990 Mr. Timothy P. Canon Interim Planning Director City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33435-0310 Dear Mr. Canon: Thank you for submitting copies of your proposed comprehensive plan amendment(s) for our review. We have conducted a preliminary inventory of the plan amendment package pursuant to Rule 9J-ll.006, F.A.C., to verify the inclusion of all required materials. Our reference number for this amendment package is Boynton Beach 90-1. The submission package appears to be complete, and your proposed plan amendment will be reviewed in accordance with pro- cedures contained in Chapter 9J-ll, F.A.C. Once the review is underway, you may be asked to provide additional supporting docu- mentation by the review team to ensure a thorough review. If you have any questions, please contact Georgia Katz at (904) 487-4545. sincerely, RECEI'IED PAr tL..~ RP/gkr JUl 2$ 1990 PLANNING QEPT. Robert Pennock, Chief Bureau of Local Planning EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT · RESOURCE PLANNING AND MANAGEMENT _._----~.~--_.__.,._----------------------------_.__. st. lude martin " treQlure 1 COOl.t I ._~... reglono planniQg council v:~ 12---4- ~ .i.~. {. ',~ ~ :~; .~. August 20, 1990 ..~~ ~J" Mr. Robert Arredondo Department of community Affairs Bureau of state Planning 2740 centerview Drive The Rhyne Building Tallahassee, FL 32399 '. Subject: city of Boynton Beach Local Government comprehensive Plan Amendments Dear Mr. Arredondo: ,"T. Pursuant to the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Florida Statutes, the Treasure Coast Regional Planning Council reviewed the amendments to the city of Boynton Beach comprehensive Plan at its regular meeting on August 17, 1990. '.- . Comments were approved by Council for transmittal to the State Department of Community Affairs pursuant ~o sections 163.3184, Florida Statutes, for consideration by the City prior to adoption of the amendments. Evaluation The proposed amendments have been reviewed in accordance with the requirements of Chapter 163, Florida Statutes, Council's review procedures, and Council's adopted plans and policies. Enclosed is a copy of the full staff report to Council. The report was formally adopted by Council at its regular meeting with no revisions. If you need additional information or have any questions, please do not hesitate to call. Sincerely, ~ --t II-.-{-r- Daniel M. cary Executive Director - DMC:lb cc: James Golden 3221 s.w, mortln downs blvd. luH. 205 . p.o. box t529 palm city, lIortda 3..990 phone ("07) 22t...060 se 269.4060 lox (4071 221-4067 rJ~C1~IV'J.i,D RECEIVE] l\\\~1 ?,\) 1~ AUG 22 '1990 . .. . ; i ~ DE r1' . r\J\nd\\ ,,-, . CITY MANAGER'S OFI ~~ TREASURE COAST REGIONAL PLANNING COUNCIL M E M 0 RAN DUM To: Council Members AGENDA I TEr~ 6Bl From: Staff Date: August 17, 1990 Council Meeting Subject: Local Government Comprehensive Plan Review - Amendments to the City of Boyn~on Beach Comprehensive Plan Introduction Pursuant to the provisions of the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Florida Statutes (FS), the Council must be provided an opportunity to review and comment on comprehensive plan amendments prior to their adoption. The City of Boynton Beach has submitted, proposed amendments to the State Department of Community Affairs (DCA), which in turn is seeking Council's comments. Council's review of the information provided by the DCA is to focus on the consistency of the proposed amendments with the regional pOlicy plan developed pursuant to section 186.507, FS. A written report, containing any objections, recommendations for modification, and comments (as defined in Chapter 9J-11, Florida Administrative Code) is to be provided to the DCA wi thin 45 calendar days of receipt of the plan, elements or amendments. Background . On January 10, 1990, the DCA issued a Notice of Intent to find the comprehensive plan for the City of Boynton Beach not in compliance, pursuant to section 163.3184, FS. As part of this finding, the ADOPTED plan was found to be Inconsistent with the Regional Plan. The city of Boynton Beach is considering draft amendments to the text and policies pursuant toa stipulated settlement agreement with the DCA. In addtion, the City is considering five draft amendments to the Future Land Use Map,. not related to a stipulated settlement agreement. The locations of the properties under consideration are shown on the accompanying map, and the number of acres and proposed changes in land use designations are summarized in the following list: 1 ,. CITY OF BOYNTON BEACH DRAFT COMPREHENSIVE PLAN AMENDMENTS FUTURE LAND USE MAP Map Amend. Approx. No. No. Acreaae Current Land Use Desianation 1 494 13.9 *Commercial High/3 and Commercial Recreation 2 *Residential 8 units per acre 493 14.8 3 473 Low Density Residential 20.1 4 471 Recreational 1.1 5 1.3 *Commercial High/8 ** Proposed Land Use Desianation ADDroximate Location Local Retail Southwest Corner of Commercial Boynton Beach Boulevard and Knuth Road. Local Retail Commercial Medium Density Residential Moderate Density Residential Local Retail Commercial South side of Boynton Beach Boulevard, between Post Office and stonehaven PUD. Between the Lake Worth \ Drainage District L-25 and L-26 Canals: west of the Lakes of Tara PUD. 'Within Woolbright Place PUD: 1,800 feet north of Woolbright Road. Southwest corner of Old Boynton Road and Winchester Park Boulevard. * County Designation - Annexation request has been made. **(unnumbered) Mall Corner Restaurant Evaluation Amendment No. 494 is located on the southwest corner of Boynton Beach Boulevard and Knuth Road. This property has been proposed for annexation into the City. The current County designations for the property are Commercial High/3 for the northern third and Commercial-Recreation for the southern two-thirds, while the proposed City designation is Local Retail Commercial. Amendment No. 493 is located on the south side of Boynton Beach Boulevard, between the Post Office and the Stonehaven PUD. This property is a county enclave which has been proposed for annexation into the City. The current County design,ation is Residential/8 units per acre. The proposed 2 ci ty designation is Local Retail Commercial. Both of the proposed changes in land use designation (amendments #493 and #494) would allow additional retail commercial in the area. The City of Boynton Beach adopted comprehensive plan indicates that there may be up to 198 acres of excess commercial land at buildout. However, this figure may be reduced to a surplus of only 30 acres when certain adjustments are taken into consideration. The plan concludes that the supply of commercial land in the Boynton Beach market area will be sufficient to meet the demand. Since the southern two-thirds of the property represented by Amendment No. 494 has been designated as residential by the City in their plan for the reserve annexation area and the County's Commercial-Recreation designation would not allow office and retail commercial uses, a change to Local Retail Commercial would increase the supply of commercial land. Amendment No. 473 is located between the Lake Worth Drainage District Canals L-25 and L-26 and west of the Lakes of Tara PUD. The proposed land use change would allow an increase in residential density from 4.84 dwelling units per acre to 9.68 dwelling units per acre. Development on these properties would to the City's central water and sufficient water treatment capacity until July 1991, according to the utilities Department. Traffic on portions of Boynton Beach Boulevard is projected to exceed capacity and no improvements have been recommended. Development on these properties should comply with the Countywide Traffic Performance standards to ensure consistency with the Regional Plan. be required to connect sewer lines; however, will not be available City of Boynton Beach Amendment No. 471 is located within the Woolright Place PUD. The proposed land use change is the result of a settlement agreement between the developer and the City. The parcel was originally dedicated to the City as a public park site; however, the park will be relocated to a 3.5-acre recreational 'parcel outside the PUD which will be dedicated to the City. The Mall Corner Restaurant amendment is located at the southwest corner of Old Boynton Road and Winchester Park Boulevard. This property is being proposed for annexation into the City; therefore, the proposed land use change is to incorporate the property into the City's Future Land Use plan. The change would not allow additional commercial within the City. In addition, water and sewer services are available to the property. 3 staff has an objection to two of the above proposed Future Land Use Map Amendments. In addition, staff has one objection to a policy change in the Traffic Circulation Element. Obiections. Recommendations for Modification. and Comments Amendments No. 494 and No. 493 A. Objection 1. Regional Goal 16.1.2 is to provide for a balanced, well- planned, compatible mix of land uses which are appropriately located, and Regional Policy 16.1.2.2 calls for Future Land Use Maps of government comprehensive plans to be based upon surveys, studies, and data regarding the amount of land required to accommodate anticipated growth, the projected population, the character of undeveloped land, the availability of public services, the ability fo government to provide adequate levels of service, and the need for redevelopment. The need ,for additional commercial land ai: these locations has not been demonstrated by the City. The City's comprehensive plan documents an existing over-allocation of commercial land use. Recommendation for MOdification 1. Provide an analysis which demonstrates the need for additional commercial land at these locations within in the City ,of Boynton Beach. I f such a need can be documented, additional changes to the City plan may be warranted. Traffic Circulation Element A. Objection 1. Modified Objective 2.1 allows for a lower level of service to be maintained on several regional roadway facilities than called for in Regional Policy 19.2.1.3. Policy 19.2.1.3 states that the regional roadway network shall be maintained at Level of Service (LOS) C or better during annual average daily conditions and LOS D during peak season, peak hour conditions. The City proposes a "maintain" level of service on four specific regional roadways within the City's jurisdiction. They are: I-95 from Boynton Beach Boulevard to Woolbright Road; Boynton Beach Boulevard from Old Boynton Road to Congress Avenue; Congress Avenue from Boynton Beach Boulevard to the south City limits; and Hypoluxo Road, east of I-95. The city standard allows for LOS E to be maintained on these facilities which is not consistent with Regional Policy 19.2.1.3. If the City has 4 determined that lower levels of service are appropriate in order to successfully implement other city goals (i.e., redevelopment), then the City would need to provide a complete rationale for the lower levels of service, perhaps in conjunction with the submission of a Downtown Development of Regional Impact. RecommendatioD tor Moditication 1. The City should adopt a level of service for all regional roadways in its jurisdiction that is equal to or better than Council's LOS C/O Policy 19.2.1.3. LOS C shall be maintained during average annual daily traffic conditions, and LOS D shall be maintained during peak season, peak hour conditions. Recommendation Council should adopt the comments outlined above and their transmittal to the state Department of Community in fulfillment of the requirements of Chapter 163, statutes. approve Affairs Florida Attachments 5 I I I I I I I ; , I ~ oJ I I I I : I II' ,II , ' 'e: , fa ,...... 111:" .-,1 , il ...-J /1 ,I '-~ ~na IllI - / - " ! >C \II OJ at. '(0 I I I I &;..- :1i,2 II ~ , . ',\/I 41 I i 13 r..I IIQIl.SAl GHT RQ I -i Ii 23 lyE S I I ~-~ " r!!!.._~-~~_.J II III II ill ~ I !II IlL .. 'ii.--iii........... I.ESEMO ---- erN LlNITS _ _ ISruoV AAO SDUNOAAY SOURCE: Walter H. Keller Jr.. Inc. CITY OF 00YNIrn BEACH DRAFl' PLAN AMENr.t1ENl'S GENERAL LCCATICN MAP I I ~ ~ ~ " ~ ~ ~ " ~ ~ "".J ...... ~ 00 NoI To SQIe May, 1989 WALTER H. KELLER JR.. INC. Consult in, Ei19Jn,,,.s . PJanntrs COrl' SIJr inp. 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MAX 9.68 0 .UJ AC~E -... ,- " ~.'..~::.:-~.:.._:---:.----"'-" --:---::=:::..~ ~ .~ _ ')ilG,~~NSJIX,: ~~OR), ~ ;,"'-M~ 10.S" 0..U.7 A'C"RE., -=-- , -#I , I J , .' Ii J . . ,.J.. f~ ,. , , -t.', ~ -- -------. "" . - . . ~._..._- ~ It' / .. ~... . . '.. I ,.'- r',COMME.RCI..A,L~. i .... . (.., . ~ -.... ... ~ '~."~OFFtCE ';,~OC~' ..~. ,.... .;;.. .-;:.~ " - , ~ ~ 1.0CAl RETAJL (LRC) .. -. . -',:-. p".. .- ~ . ': I ' . .. ;'~ ,. . . "' ". _ ~._ _" ._...--. .~~_. 4 " ~ 9 GENERAL (G,C) .- -,- -.... ~~_... lNDUSTRJAL -CO ' '., . : -_. . --."r=- . ..... l -l ' . ,~: - '0" T' wER- -~- ~: ,-~' , \,,' , "_, .. . ",. V~,', ' n .' .' ; . ---, - . .... " ...__ -- - .. ~. I ~ . ~'.. . . I ~~- -.-: ................ ., 1 ; , ,,' . -, \ , ~~:!( /AGRtcUL TURE '-'~.(A): . I , - , ~ '. ~,.~:::'" . - ~.'";..~: '- r . - ------..--::.. . ~'.;;;~1 'RECREATIONAL' CR) ..... --...-" --_..._:. -.-.. "'(' )ri~~- ~tJ B'L.tSl. &_, eRI.V A IE (EE-<:iIi "G-OV ER N~fe ~T A Lll N'S -r. '-TUTTON. - '------------(1) . . . ___ ".. ..~ .-- I - . .... ''','''' .' MIXED USE (M~) ,'Y .~ ,~ ....--__.__-----1- ___ . 7 ,-.-- . ............ - . '.~ ,,- ,.. . ~~ ~ 1'"\ 0 V TU ^ 1\1' T'-'.A T ~ 1-1 n W .,:.:.:.:.:.:.:.:.:.:.: vt~:::::::::::::::::4:: ..'" ,.......... ........ ~I.................... .. .................... , :.:.:.:.:.:.:.:.:.:: ~ ':':':':':':':':':" .................... ~. :.:::::::::::::::::: " .:.................. " .................... (, .................... " .................... :::::::::::::::::::: ..................., ................:.:. co I __~.cr >- r-,.- ~- ("-,.0, ~~\' -;:::- . , ,f"> ;1 \' ...~""""-~4\.:,. . .,-- , ,'F.C ", 'w ~ ,. ; .' ~ ' 8 ~.:,:;;~:, :..;~:~ :~7:"Z,.:,..,'.~:,~;:; ",'~,.,::".,~;.., .. .~~~ ..y '.. ~?:;~;.' .;.~.-.:... ~~..~'f' t. :.-~~~ , .... ~ I .~..- .', ~:~~.~ .: ,~.~~ ....... " ....~.. . .... .. :.~~:~.\. '. . .\ -. .... :~~~~~~ ,,> :'\.::~~~~ . ..... ~" . .... . : ~ ~ : ~ ~ :, .. ........ ,~. _ _ _ _ HVPOLUXO FI)- · I . I . I V ;11 .'1 I 'c' I la."- _,I ,: . · I' ,--J J , ~ . - ~ I f I - " - - I >C UI U ...r.&a..... . . . . . ",,- :>- c- . Ill- Ill- 3= c!: u :1l011.SAIGKT FII I II I ~d I all I I I I ! I;. - "'-1 I - . - . . . . . . I : I I ' i I -.. " - - - - lI!!..-...J: r-------------- : .'1 i t . I' : a I : SII 5 IlL : ... ...----...-.-...... I. E ; E It 0 n AV( S ---eJT'f UMITS _ - .Sl\X]'f AREA 811l1NOAA'f SOURCE: Walter H. Keller Jr., Inc. . th T "5 " 1.6_': -t:a:i.n' " ........., Regional Roadways WJ. Uo.J .-lcLJ.U / I ~ ~ ~ C,J I::) C,J ..., , ~ ~ ""oJ , ~ ~ Hoc To SaM May, 1989 MAL TER H. KEllffi ~.. IHe. Catsllltin, En,iNtr3 ; PJantltrS err,) Sprinp. rJDf'ifR 10 , MAYOR AI MeriOn VICE MAYOR PatrIcia Weeks COUNCIL William Hanway Carmel Self Ken Schultz Ronald E, Young PLANNING AND ZONING BOARD Harry Grell (Chairman} George Oettlinger (Vice Chairman} Carmine Bruno VellO Kovalalnen Joe, Cardinal TOWN CLERK Barbara L. Searls BUILDING OFFICIAL Dick Packard TOWN ATTORNEYS Manley Caldwell Charles Schoech Mary Viator * Telephone (407) 582-0155 Town Hall Office Hours 10 a,m ,2 p,m, TO\.'N OF HYPOLCXO Home of the Barefoot Mailman 7010 South U.S. Highway 1, Hypoluxo, Aorida 33462-5493 ~ rt-t. , '\ AUG - . -P,' 1Q'J,*'" ... ,'.,J",:j August 6, 1990 ..:;. ~.. & !' -'.., -, ,,'::1 '. Mr. Terry Hess, AICP Planning Coordinator Treasure Coast Regional Planning Council 3228 S.W. Martin Downs Boulevard, P.O. Box 1529 Palm City, Florida 34990 SLlbject: Ci ty of Boynton Comprehensive Plan Documents. Beach Local Government Dear Mr. Hess, Receipt of your letter dated July 25, acknowledged. 1990 is hereby Your giving us the opportunity to comment on the Boynton Beach Comprehensive Plan Documents is greatly appreciated. Boynton Beach ahd Hypoluxo have been enjoying a rapport for many years. We are pleased to inform you that we continue to maintain our cooperative and harmonious relationship with the Mayor, the Commissioners, the Appointed Officials and their very fine staff. The writer takes this opportunity to thank you for your valuable assistance and understanding that you have given the Town of Hypoluxo. Sincerely, {~( ):~!'~')'\ Al Merion Mayor cc.The Honorable Gene Moore, Mayor and Commissioners ~M : t em 11 r CITY of BOYNTON BEACH DRAFT ~ @ 100 E. Boynton Beach Blvd. P.O, Box 310 Boynton Beach, Florida 33435-0310 (4071 734-8111 OFFICE OF THE PLANNING DIRECTOR July 10, 1990 Mr. Robert Pennock, Chief Bureau of Local Planning Div. of Resource Planning & Management state of Florida Dept. of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 RE: Transmittal of comprehensive Plan Amendments Dear Mr. Pennock: Enclosed you will find ten copies of documents for the following Comprehensive Plan Amendments for the City of Boynton Beach: 7. 8. 1. Knuth Road PCD (Future Land Use Map and Text Amendments) 2. Boynton Beach Boulevard PCD (Future Land Use Map and Text Amendments) 3. Tara Oaks PUD (Future Land Use Map and Text Amendments) 4. Woolbright Place (Poinciana Park) - Future Land Use Map Amendment 5. Winchester Property Text Amendment 6. Adult Entertainment in the Industrial Land Use Category Amendments to Levels of Service for Recreation Facilities Comprehensive Plan Amendments Pursuant to Stipulated Settlement Agreement Between The City and the Florida Department of Community Affairs TO: Mr. Robert Pennock -2- July 10, 1990 The above Amendments were considered by the Planning and Zoning Board on Tuesday, June 12, 1990, sitting as the Local Planning Agency, and also by the City Commission on Tuesday, June 19, 1990, at public hearings which were held after due public notice. The Boynton Beach City Commission has approved the transmittal of these Plan Amendments to the Department of Community Affairs. With respect to Rule 9J-11.006, which outlines the procedure and requirements for transmitting Plan Amendments, please be advised of the following: (l)(a) 1. The proposed month of adoption for these Plan Amendments will be based upon the date of completion of DCA's review within the 90 day statutory review period. It is anticipated that second reading of the ordinances to annex, amend the future land use element/text and rezone (where appropriate for each Amendment) will occur within 60 days of receipt of comments from your agency. Assuming that the documents and information contained herein are sufficient, it is anticipated that second and final reading of the appropriate ordinances for these Amendments will occur in November of this year. (l)(a) 2. The proposed Amendments are not in an area of critical state concern. (l)(a) 3. The proposed Amendments do not constitute an exemption from the twice per year calendar limitation on the adoption of Comprehensive Plan Amendments. (l)(a) 4. The Amendments are not proposed to be adopted under a joint planning agreement. (1)(a) 5. Contact person: James J. Golden Senior City Planner City of Boynton Beach P.O. Box 310 Boynton Beach, FI 33425-0310 Tel: (407) 738-7490 (1)(b)I&2.Ten copies of the entire amended Comprehensive Plan are enclosed, since this transmittal includes Amendments which address the Notice of Intent to Find The Comprehensive Plan Not in Compliance. The information required for items (l)(b) 1 and (l)(b) 2 is included on the Future Land Use Map. TO: Mr. Robert Pennock -3- July 10, 1990 (l)(b) 3.The size of the subject property for Amendments No.1 through 4 is contained within the staff report for these Amendments, and is included on the master plans for Amendments No. 1 through 3. The size of the subject property is not applicable to Amendments No. 5 through 8. (l)(b) 4.For Amendments No.1, 2 and 3 above, a description of the availability of and the demand on public facilities is provided as outlined below: Sanitary Sewer and Potable Water Correspondence is provided from the City Utilities Department under cover sheet entitled "Sanitary Sewer and Potable Water" for each of the 3 projects. Solid Waste Correspondence is provided from the Palm Beach County Solid Waste Authority under cover sheet entitled "Solid Waste" for each of the 3 projects. Drainage Correspondence is provided from the Lake Worth Drainage District under cover sheet entitled "Drainage" for each of the 3 projects. Traffic Circulation All documentation concerning traffic can be found in Exhibit "0" of the 3 staff reports (Planning Dept. Memorandums No. 90-157, 90-161, and 90-177), with the exception of the applicant's traffic impact analysis, which can be found under the cover sheet entitled "Applicant's Traffic Impact Analysis" for each of the 3 projects. Recreation With respect to Amendments No.1, 2, and 3, the Tara Oaks PUD, Amendment No.3, represents the only residential development of these projects. The recreation issues are outlined in the staff report (Planning Dept. Memorandum No. 90-177) and the conceptual details are shown on the proposed master plan for the PUD. TO: Mr. Robert Pennock -4- July 10, 1990 With respect to Amendment No.4, the Woolbright Place land use element amendment for Poinciana Park was submitted pursuant to a Stipulation and Settlement Agreement for Tradewinds Development Corporation vs. The City of Boynton Beach. The language concerning pUblic facilities for this development is contained in The Comprehensive Plan Future Land Use Element Support Documents (Volume No. I), Section VIII, Planning Area 8, item 8.a. on page 91. A copy of page 91 can be found in the agenda packet behind Planning Dept. Memorandum No. 90-148. The remaining Amendments-- No. 5 through 7--are non-development related Amendments that do not create a demand for public facilities. (1) (b) 5. Information regarding the compatibility of the proposed Future Land Use Map Amendments with the Land Use Element objectives and policies and those of other affected elements can be found in the staff report for Amendments 1 through 4, as outlined below: 1. Knuth Road PCD - Planning Dept. Memorandum No. 90-161 2. Boynton Beach Boulevard PCD - Planning Dept. Memorandum No. 90-157 3. Tara Oaks PUD - Planning Dept. Memorandum No. 90-177 4. Woolbright Place (Poinciana Park) - Planning Dept. Memorandum No. 90-148 (l)(c) The staff recommendations are contained within the memorandum listed under item (l)(b) 5 for Amendments 1 through 4. For Amendments 5 through 8, the staff recommendations are contained in the following memorandums: 1. Reference Amendment #5-Winchester Text Amendment - Planning Dept. Memorandum No. 90-163 2. Reference Amendment #6-Adult Entertain- ment in the Industrial Land Use Category - Planning Dept. Memorandum dated June 4, 1990 from Timothy P. Cannon to the Planning and Zoning Board TO: Mr. Robert Pennock -5- July 10, 1990 3. Reference Amendment i7-see par. 4 below 4. Reference Amendment #8-Comprehensive Plan Amendments Pursuant to Stipulated Settle- ment Agreement Between the City and the Florida Department of Community Affairs and the Planning Dept. Memorandum dated June 4, 1990 from Timothy P. Cannon to the Planning and Zoning Board The recommendations from the Local Planning Agency (Planning and Zoning Board) are outlined below: 1. Knuth Road PCD - Planning Dept. Memorandum No. 90-186 2. Boynton Beach Boulevard PCD - Planning Dept. Memorandum No. 90-185 3. Tara Oaks PUD - Planning Dept. Memorandum No. 90-187 4. Woolbright Place (Poinciana Park) - Planning Dept. Memorandum No. 90-183 5. Winchester Text Amendment - Planning Dept. Memorandum No. 90-188 6. Adult Entertainment in the Industrial Land Use Category Planning Dept. Memorandum No. 90-190 7. Comprehensive Plan Amendments Pursuant to Stipulated Settlement Agreement between the City and the Florida Department of Community Affairs - Planning Dept. Memorandum No. 90-191 8. Amendments to Levels of Service for Recreation Facilities - Planning Dept. Memorandum No. 90-191 The recommendations from the Local Government Body (City Commission) are outlined below: 1. Knuth Road PCD - see attached draft approval letter 2. Boynton Beach Boulevard PCD - see attached draft approval letter 3. Tara Oaks PUD - see attached draft approval letter TO: Mr. Robert Pennock -6- July 10, 1990 4. Woolbright Place (Poinciana Park) - see attached draft approval letter 5. Winchester Text Amendment - see attached draft approval letter 6. Adult Entertainment in the Industrial Land Use Category--the City Commission unanimously recommended approval of this proposed Amendment 7. Same as #8 below 8. Comprehensive Plan Amendments Pursuant to Stipulated Settlement Agreement Between the City and the Florida Department of community Affairs--the City Commission unanimously recommended approval of these proposed Amendments If you have any questions concerning these Plan Amendments, please do not hesitate to contact Senior Planner James J. Golden. Very truly yours, CITY OF BOYNTON BEACH ~J!~ TIMOTHY P. CANNON Interim Planning Director JJG:frb Encs cc: Kieran Kilday Central File C:DCADraft CITY of BOYNTON BEACH DRAFT ~ .~ 100 E. Boynton Beach Blvd. P. 0, Box 310 Boynton Beach, Florida 33435-0310 (4071 734.8111 June 26, 1990 Kilday & Associates Attn: Kieran J. Kilday l551 Forum Place, Bldg. 100A West Palm Beach, FL 33401 RE: Winchester Text Amendment - File No. 468 Dear Mr. Kilday: Please be advised that on 1990, the City Commission approved the above-referenced text amendment subject to the staff recommendations contained within Planning Department Memorandum No. 90-163 (see attached). If you have any questions concerning the above, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH TIMOTHY P. CANNON Interim Planning Director JJG:cp Encs A:KJKi1day CITY of BOYNTON BEACH DRAFT @ 100 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach, Florida 33435.0310 (407) 734,8111 June 26, 1990 Kilday & Associates Attn: Kieran J. Kilday 1551 Forum Place, Bldg. 100A West Palm Beach, FL 33401 RE: Woolbright Place (Poinciana Park) - File No. 471 Dear Mr. Kilday: Please be advised that on 1990, the City Commission approved the above-referenced land use element amendment subject to the stipulation that the subject parcel be conveyed by the City concurrently with the conveyance to the City of the park site which is required to be dedicated for the Woolbright Place PUD. If you have any questions concerning the above, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH TIMOTHY P. CANNON Interim Planning Director JJG:cp Encs A:KJKilday CITY of BOYNTON BEACH DRAFT @ 100 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach, Florida 33435-0310 (4071734-8111 June 26, 1990 Kilday & Associates Attn: Kieran J. Kilday 1551 Forum Place, Bldg. 100A West Palm Beach, FL 33401 RE: Tara Oaks PUD - File No. 90-473 Dear Mr. Kilday: Please be advised that on 1990, the City Commission approved the above-referenced land use element amendment and rezoning subject to the following: 1) Staff comments. contained within Planning Department Memorandum No. 177 (see attached). 2) An amendment to the Future Land Use Element Support Documents of the Comprehensive Plan to incorporate conditions of approval and to mitigate the impact of the proposed PUD on adjacent properties (see attached). 3) Incorporation of the agreement between the homeowner's and the developer in the ordinance to rezone to PCD. 4) Construction of the landscaping, buffers, and walls presented to the City Commission. If you have any questions concerning the above, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH TIMOTHY P. CANNON Interim Planning Director JJG:cp Encs A:KJKilday CITY of BOYNTON BEACH DRAFT ~ ~ 100 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach, florlda 33435.0310 1401> 734,8111 OFFICE OF '!HE PI..ANNI:N3 DIRECI'OR June 25, 1990 Kilday & Associates Attn: Kieran J. Kilday 1551 Forum Place, Bldg. 100A West Palm Beach, FL 33401 RE: Knuth Road PCD - File No. 494 Dear Mr. Kilday: Please be advised that on 1990, the City Commission approved the above-referenced annexation, land use element amendment, text amendment, and rezoning subject to the following: 1) Staff comments contained within Planning Department Memorandum No. 90-161, with the exception of the requirement that the mechanical equipment be roof-mounted. The language in the proposed text amendment to Area 7.j is to be modified to allow the mechanical equipment to be ground mounted. 2) Compliance with the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance, if the applications are subsequently determined to have been submitted incomplete prior to February 1, 1990. 3) Incorporation of the agreement between the homeowner's and the developer in the ordinance to rezone to PCD. 4) Construction of the landscaping, buffers, and walls presented to the City Commission. 5) Construction of Knuth Road north of the L.W.D.D. L-25 Canal, including the canal crossing, if this PCD proceeds with construction prior to the Boynton Beach Boulevard PCD. 6) Prohibition of automobile repair and servicing within the site. -~------ .----.---.,---.--- ..- ------------~...._-~._-~,._---------_.._- - TO: Mr. Kieran J. Kilday -2- June 25, 1990 If you have any questions concerning the above, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH TIMOTHY P. CANNON Interim Planning Director JJG:cp Encs A:KJKilday CITY of BOYNTON BEACH DRAFT @' -. . ~. .~ . . .~" 100 E. Boynton Beach Blvd. P. 0, Box 310 Boynton Beach, Florida 33435.0310 (407) 734,8111 June 26, 1990 Kilday & Associates Attn: Kieran J. Kilday 1551 Forum Place, Bldg. 100A West Palm Beach, FL 33401 RE: Boynton Beach Boulevard PCD - File No. 493 Dear Mr. Kilday: Please be advised that on 1990, the City Commission approved the above-referenced annexation, land use element amendment, text amendment, and rezoning subject to the following: 1) Staff comments contained within Planning Department Memorandum No. 90-157, with the exception of the requirement that the mechanical equipment be roof-mounted. The language in the proposed text amendment to Area 7.k is to be modified to allow the mechanical equipment to be ground mounted. 2) Compliance with the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance, if the applications are subsequently determined to have been submitted incomplete prior to February 1, 1990. 3) Incorporation of the agreement between the homeowner's and the developer in the ordinance to rezone to PCD. 4) Construction of Knuth Road north of the L.W.D.D. L-25 Canal, including the canal crossing, if this PCD proceeds with construction prior to the Knuth Road PCD. 5) construction of the landscaping, buffers, and walls presented to the City Commission. 6) Prohibition of automobile repair and servicing within the site. TO: Kieran Kilday - 2 - June 25, 1990 If you have any questions concerning the above, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH TIMOTHY P. CANNON Interim Planning Director JJG:cp Encs. A:KJKi1day t.v Board of County Commissioners Karen T, Marcus, Chair' Carole Phillips, Vice Chair Carol A. Roberts Carol J. Elmquist Mary McCarty Ken L. Foster Maude Ford Lee County Administrator Robert Weisman Department of Engineering and Public Works May 28, 1992 Michael Kazunas, P.E., City Engineer City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Fl 33435 RE: ~ OAKS, :.u.Q;)- CONSTRUCTION OF A RIGHT TURN AT THE WUUL RIGHT ROAD/KNUTH ROAD INTERSECTION , "' . <9 '(._ :;:. ~ Rece'''cd ~ \ " \ ~ !"';--r (..) &. " ~. ~ " \ "-i ~:. 1-.1 JUN - 7 ;992 i ,-. m ,.. ~ ',', 0- ~ j, \ .- '- ~ CITY ENGINEER S f-' ,/:>. ;.1"0 \,o~ /--" \~';" '1- 6E:AC\'\. ~ /:- ':.-.:/)---......-- --(^\" '" f,.! II~ \ , ..."""~~...... lANE, EAST APPROACH, Dear Mr. Kazunas: Palm Beach County has recently been approached with a request to permit the connection of Knuth Road to Woolbright Road. Our review of the proposal revealed the strong desirability for the construction of a right turn lane, east approach, to serve this new street connection. The County proposed requiring this construction as a condition of our permit for the street connection. In subsequent discussions with the developer's engineer, Enrico Rossi, it was agreed that the County would not require the construction of the turn lane concurrently with the road connection (with the construction of the church). Instead, it was agreed that the developer would construct the turn lane concurrently with the next project phase. By not requiring this construction concurrently with the street connection, the County is losing its ability to enforce this requirement. Given that this need has been identified, and the developer has agreed to constructing the turn lane at a later date, I am asking that the City assist with this matter by requiring that this turn lane be built concurrently with the next project phase. Any assistance you can offer will be greatly appreciated. Please feel free to contact this office if you have any questions. Sincerely, OFFICE OF THE COUNTY ENGINEER /- ,~ IJ -' / /} II U~J-ry/I/ttZ-r~---- Charles R. Walker, Jr., P.E. Acting Assistant County Engineer CRW:Afemg cc: Enrico Rossi, P.E. - Rossi & Malavasi Engineers Jim Peters - land Development Division District 3 Intersections "An Equal Opportunity - Affirmative Action Employer" File: k"t J.~ ~ O(l--'r~",<-" .:"1 f,..:J'CW P.1f'PI Box 21229 West Palm Beach, Florida 33416-1229 (40?l 684~OOO , -..,--..- ... -"--'---~'--~--------------~------'- ------...---...-----.--.-----... ..-------'-. PLANNING DEPT. MEMORANDUM No. 90-364 FROM: J. Scott Miller, city Manager ~~ Christopher Cutro, AICP Planning Director TO: DATE: December 14, 1990 SUBJECT: Planning Department Recommendation - Land Use Amendment for Tara Oaks Planned unit Development (PUD) Based on the Planning Department's review of additional data and analysis regarding the above referenced application, the Department has reversed its recommendation of denial to a recommendation of approval. Additional information reviewed included the applicants response to the Department of Community Affairs' Objections, Recommendations, and Comments report, further data regarding the condition of this potentially viable native scrub habitat combined with a history of the site, and other recommendations within the Comprehensive Plan that regard the increase in density and preservation of native habitats. The Staff's recommendation to approve this application is based on the following: 1) This native scrub habitat is not recognized in the Listing of Boynton Beach Natural Resource Sites (Table 2 and Figure 4) located within the Comprehensive Plan Conservation support Document. This is due to the size of the site, variety of species located there, and its disturbed condition. 2) Since the site is not included on Figure 4, and because the City's current environmentally sensitive lands regulations require an environmental impact statement during the process of site plan or subdivision application, an environmental assessment is not required at this time. 3) The land use amendment and proposed master plan will facilitate preservation of native scrub habitat and a species of special concern, despite it not being a recognized natural resource site. 4) Cognizant of the adjacent multi-family developments and golf course that abuts the project, it is felt that the density allowed in the "Medium Density Residential" land use category is compatible with this area. By clustering the dwelling units on the north half of the site, the single family neighborhood located to the southeast will abut the preserve, the recreation/open space area, and a church, all to be located on the south half of the site. CITY of BOYNTON BEACH @'.100E.BOYntonBeaChBIVd. , '. P. O. Box 310 ". ,~:.~'" Boynlon Bmh, f1o,'d. 33435.0310 ~. (407) 734-8111 / OFFICE OF THE PLANNING DIRECTOR April 23, 1990 Kilday & Associates Attn: Mr. Kieran Kilday 1551 Forum Place, Building 100A West Palm Beach, Fl 33401 RE: Tara Oaks PUD (Rezoning) - File No. 473 Dear Kieran: The following comm~nts are offered by the Planning Department after initial review of the master plan submitted for the above-referenced rezoning application. These comments, as well as the attached comments from other departments, should be addressed on 6 sets of the revised master plan for submittal to the Planning Department no later than May 10, 1990 at 5:00 P.M. The revised master plan will be discussed by staff at the May 17, 1990 prehearing conference scheduled for 9:00 A.M. in Conference Room "C" (west wing of City Hall complex). 1. Policy 5.5.1 of the City's Comprehensive Plan requires that developments that exceed 100 dwelling units, provide a private recreation area unless a public park is located wi thin 1/2 mile. Therefore, the revised master plan must show the location of the private recreation area and details of the 5 items to be provided to receive half credit towards the recreation/dedication fee required by Appendix C, Article IX, Section 8. 2. Al though churches are a permitted use in a PUD, it is not appropriate to transfer the underlying density of the church pod to the residential pod, because the church is a principal use in the proposed PUD. If the 3 acre church pod is subtracted out of the total acreage and the density is calculated based on 192 units, the proposed density is actually 11.19 dwelling units per acre. This exceeds the maximum density allowed in the land use category being Mr. Kieran Kilday -2- Apr. 23, 1990 requested, medium density residential, allowing a maximum of 9.68 dwelling units per acre. 3. State the setbacks for the multi-family buildings and church on the master plan sheet. The following setbacks are suggested: Church front (Knuth Rd.) rear (Lakes of Tara PUD) side (L-26 canal and open space) 40 feet 15 feet 15 feet Multi-family units front (Knuth Rd.) rear (Stonehaven & The Landings PUDs) side (L-25 canal and S.W. Congress Blvd.) 40 feet 40 feet 20 feet 4. Label the master plan sheet as such. 5. State the following information on the master plan: limitations are suggested) (these maximum lot coverage - 40% minimum living area - 750 square feet maximum building height - 2 stories, not to exceed 25 feet 6. The acreage breakdown for pod 2 does not add up to 3.5 acres. 7. If the church pod is under separate ownership and is a separate lot of record, the number of access points as shown is acceptable. This is based on the limit of 2 driveways per lot frontage. Article X, Parking Lots, Section 5-142(h)(7). 8. Sidewalks are required on both sides of Knuth Road or a sidewalk on one side and bike path on the other side. Also show a conceptual pedestrian system linking the units to the recreation area. Appendix C, Article X, Section 12; Article IX, Section 11; Appendix B, Section 9(A); and Chapter 22, Article II, Section 22-25. 9. Please take into consideration that a five foot limited access easement along Knuth Road and S.W. Congress Blvd. will be required to be shown on the plat. In the TO: Mr. Kieran Kilday -3- Apr. 23, 1990 alternative a 5 foot high decorative masonry wall or landscaped chain link fence or some other equivalent buffer, which shall also be at least five feet high, may be provided in a limited access easement up to five feet wide. Appendix C , Article IX, Section 3. 10. At the last Technical Review Board meeting, staff recommended a IS foot landscaped buffer between the church pod and Lakes of Tara PUD and the church pod and Quail Ridge. It was also recommended that a 15 foot buffer between the multi-family pod and S.W. Congress Boulevard be provided comprised of the existing plant material. Please contact the City Forester, Kevin Hallahan, directly for his comments on the master plan. Very truly yours, CITY OF BOYNTON BEACH /l .J~ Q. 4;;/;;"/ TAMBRI J. H~DEN Assistant City Planner TJH:frb cc: Central File A: Kilday RECE-rr.;I! ~D. I';., f~ fj~, ........ .Jo..../ BUILDING DEPARTMENT MEMORANDUM NO. 90-159 April 23, 1990 APR ~oTt 1. PLANNH~G DEPT~\ '"'" TO: Timothy Cannon, Interim Planning Director THRU: Don Jaeger, BUilding & Zoning Director ~ FROM: Michael E. Haag, Zoning & Site Development Administrator . RE: MASTER PLAN - TARA OAKS PUD (REZONING) Upon review of the above mentioned project, the following comments must be addressed in order to conform with Boynton Beach City Codes: I. All drawings and/or documents submitted for public record and prepared by a design professional shall show original raised seal and signature of a Florida registered design professional responsible for the drawings. 2. Show on master plan drawing the setback distance from Southwest Congress Boulevard to the multifamily buildings. 3. Specify on the master plan drawing the number of required parking spaces for the proposed multifamily buildings. 4. Boynton Beach landscape code "safe corner" for public right-of-way intersections is 35'0". , meh:eaf cc: Don Jaeger TARAOAKS.SDD FIRE DEPARTMENT MEMORANDUM NO. 90-207 woe Tn. JIM GOLDEN, PLANNING DEPARTMENT FROM: WILLIAM D. CAVANAUGH, FIRE DEPARTMENT DATE: !\PRII_ 23 J 1990 RE: T,ARt, (:O,l:I.f<S FIRE HYDRANTS ARE REQUIRED TO CONFORM TO CITY SUB DIVISION :::: P E C I FIC.t.\ T I 'IN :3 . WILLIAM D. C VI:I.NAUGH, FIRE PREVENTION OFFICER I 'v'iDC/p,? ER3INEERING DEPARTMENT MEMORANDUM NO. 90-101 April 17, 1990 TO: J. Scott Miller City Manager FRCM: Vincent A. Finizio Acting Assistant to the City Manager RE: T.R.B. Cannents Master Plan - Tara Oaks P. U . D. (Rezoning) Rossi & Malavasi Engineers, Inc. Kilday & Associates Landscape Architects & Planners In conformance with City of Boynton Beach, Florida, Code of Ordinances, Appendix "C", "Subdivision and Platting", Section 4 "Master Plan", the applicant for the above referenced project shall sul::rnit the following technical data, information and plan corrections: 1. Provide a plan which depicts the construction of Knuth Road intersecting Woolbright Road to the south and Knuth Road to intersect with the existing portion of Knuth Road to the north (canal crossings required), Appendix "C" Subdivision and Platting, Section 4C(11) "The incorporation and carq;>a- tible development of present and future streets as shown on the official City map when such present or future streets are affected by the proposed subdivision" 2. Provide the. location and results of the geotechnical subsurface soils tests that were utilized in the general soils statement. Section 4C (15) "Location and Results' of Tests II . 3. A traffic impact analysis has not been provided with this suhnittal, there- fore the subnittal is incanplete. The Engineering Departm:mt may have additional CClTlrents after receipt of the analysis. Carments generated relative to this study shall be made a condition of approval by this office. 4. Provide a statement on the master plan specifying that all utilities are available and have been coordinated with all required utilities. Article VIII, Section 4C(17). l.L~ +A-t, ~~ Vincent A. Finizio VAF/ck cc: Jim Golden, Senior City Planner R.EC]JflrEn APp. ! ~ 19!1l p! . II i " . \!rJ ~ MEMORANDUM Utilities #90-262 TO: Timothy Cannon Interim Planning Dire~or FROM: John A. Guidry Director of Utilities DATE: April 23, 1990 SUBJECT: TRB Review - Tara Oaks P.U.D. - Master Plan We can approve this project, subject to the following conditions: 1. The proposed 1611 water main along Knuth Road shall be extended southward with connection to the existing 1611 main on Woolbright Road. 2. Once the final density is determined, a re-evaluation of anticipated sewage flows must be provided to this office to allow us to determine if the receiving lift station will require upgrading. Any upgrading necessary must be funded by the developer of Tara Oaks. 3. Sewer mains serving the proposed church site must be installed within an access road or drive which can safely accommodate this department's heavy cleaning equipment. drnt bc: xc: Peter Mazzella J. Scott Miller, City Manager RECEIVED APR ~S 1990 PLANN\NG DEPT. - - CITY of BOYNTON BEACH @"'_.100E.BOYntonBeaChBIVd' , ..' P. O. Box 310 ,. ~.'~'_';'?'#'." Boynton B."h, F1o,;d. 33435,0310 ~. (407) 734.8111 '. _or OFFI CE OF THE PLANNING DIRECTOR April 12, 1990 Walter H. Keller, Jr., Inc. Attn: Mr. Walter H. Keller, Jr. PO Box 9740 Coral Springs, Fl 33075-9740 RE: Tara Oaks PUD Dear Walt: Enclosed you will find a copy of the traffic impact analysis and master plan for the above-referenced land use element amendment and rezoning of a previously approved PUD. The application was submitted to the City subsequent to the adoption of the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance. Since the net increase in trips per day is 728, the project must comp~y in its entirety with the County Ordinance. Please review the traffic impact analysis for consistency with the Palm Beach County Traffic Performance Standards Ordinance and provide our office with your comments by no later than May 11, 1990, so that both reports can be forwarded to Palm Beach County for review and comment prior to the June public hearings. If you have any questions concerning the above, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH r1 1, "", . ! / /r.Jc/""v_ JAMES J. GOLDEN Senior City Planner JJG:frb Encs cc: City Manager Central File C:WKeller CITY of BOYNTON BEACH ~ @." '. " ~ ~ .~. 100 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach, Florida 33435.0310 (407) 734.8111 OFFICE OF THE PLANNING DIRECTOR May IS, 1990 Palm Beach County Engineering Department Attn: Mr. Charles Walker, County Traffic Engineer P.O. Box 2429 West Palm Beach, FL 33402 RE: Traffic Impact Analysis - Tara Oaks PUD Dear Mr. Walker: Enclosed you will find two copies of the Traffic Impact Review for the Tara Oaks pun which was prepared by the City's traffic consultant, Walter ij. Keller, Jr., Inc. Mr. Keller reviewed the traffic impact analysis prepared by K.S. Rogers, Consulting Engineer, Inc., dated April 2, 1990. Two copies of the traffic impact analysis prepared by Ken Rogers will be hand delivered to your office and should precede the arrival of this correspondence. Please review the above for consistency with the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance. If you have any questions concerning the above, please do not hesitate to contact me. Very truly yours, CITY OF BO~BEACH t:-t- Golden . Senior City Planner JJG:cp Encs. cc: Tim Cannon Vincent Finizio Ken Rogers Certified Mail iP730 407 529 Walter H. Kellel- Jr., Inc. TRAFFIC a: TRANSPORTATION. PlANNING. ENGIN'EE1UNG . lAND DEVELOPMENT ... May 16, 1990 RECEIVED Mr. Timothy Cannon, Acting Director City of Boynton Beach Planning Department 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 WAY 18 l8IO PLANNING DUf, Re: Traffic Impact Review - Tara Oaks pun .._. ..-.. --"~ T .' .. Dear Mr. Cannon: Walter H. Keller Jr., Inc. has reviewed the Applicant's traffic impact study for the proposed revised land use mix for the Tara Oaks site. The revision proposes the development of 192 multi-family dwelling units and a 20,000 square foot church in place of the approved 77 single family units. The results of our review indicate the Applicant meets City and County Concurrency requirements but additional information is required to assess traffic impacts. A summary of the review is provided. Existing Conditions - The Applicant's analysis of existing conditions is reasonable. The analysis is based on the capacities adopted by the County and shows the only roadway in the existing conditions study area operating over capacity is Boynton Beach Boulevard between Old Boynton Road and 1-95. Although the analysis is based on County LOS "D" capacities a revised analysis based on City capacities will have no bearing on the results. Trip Generation - The Applicant's analysis of trip generation indicates the project is expected to generate 1,498 trips. This estimate is accurate based on the County requirement to utilize 7.0 trips per multi family dwelling unit. The County asserts this is a localized rate and would not accept an estimate from the Institute of Transportation Engineers (ITE) Trip Generation Manual 4th Edition which indicates the 7.0 rate is overestimated. The Applicant is also accurate hi discounting the revised trip generation analysis based on the approved land use mix. The site was originally approved for 77 single family units translating to 770 daily vehicle trips for vesting purposes. The total new daily impact of the proposal is 728 daily trips as shown by the Applicant. Note if the Applicant were allowed by Palm Beach County to utilize ITE trip rates for the multi-family use, projected trip generation would be reduced to 486 daily trips. Trip Distribution and Assignment - The Applicant's analysis of trip distribution is reasonable, however the assignment of traffic is skewed to SW Congress A venue. The Applicant shows 429 (59%) of daily vehicle trips utilizing SW Congress Avenue while 249 (34%) of daily trips are expected to utilize Woolbright Road east of Knuth Road. Considering all site access drives are on Knuth Road, Woolbright Road/Congress A venue is signalized and the poor operating condition of the eastbound left turn lane at SW Congress Boulevard/Congress A venue shown in the Applicant analysis, project traffic on Woolbright Road is too low. This assignment should be revised. 10211 w. SAMPLE ROAD, SUITE 204 · P.O. BOX 9740 CORAL SPRINGS, FLORIDA 33075-9740 (305) 755-3822. (407) 732-7844 (palm Beach) Walter H. Keller Jr., Inc. Mr. Timothy Cannon May 16, 1990 page two Background Traffic Analysis - The Applicant's analysis of background traffic is based on a 1993 buildout year, a historical link analysis and committed traffic per the Cambridge PUD and Quantum Park developments. The results of the background traffic analysis is reasonable. Programmed Improvements - The Applicant's analysis of projected traffic includes four programmed roadway improvements. The improvements include the six laning of Congress A venue between Boynton Beach Boulevard and Old Boynton Road and between the L28 and L30 Canals, the construction. of a new four lane divided link on Woolbright Road between Military Trail and Congress Avenue a.11d the six laning of Woolbright Road from west of Congress Avenue to 1-95. -The Palm Beach County Engineering office was contacted for the current status of these projects. The extension of Woolbright Road from Congress Avenue west to Military and the Congress Avenue link between the L-28 and L-30 Canals are included in the County Five Year Work Program and are scheduled for construction by the County in FY 1990-1991 and FY 1991-1992. An additional Congress Avenue improvement is scheduled for construction by the Boynton West development and is bonded while the six-Ianing of Woolbright between Congress Avenue and 1-95 is part of the Cambridge PUD agreement and is not bonded. However, this link is not expected to exceed existing capacity by 1993. Traffic Impacts - The Applicant's analysis of projected traffic impacts is based on the Palm Beach County Traffic Performance Standards Ordinance. According to the Ordinance the project's radius of development influence should extend at least one mile and to any link outside a mile carrying more than 1% LOS D capacity. The analysis provided by the Applicant is shown on Table 1. The analysis shows one over capacity link and does not provide' sufficient information on Woolbright Road, Knuth Road and SW Congress Boulevard for future analysis. Note the Applicant did not include the improved capacity on Woolbright Road east of Congress Avenue. The analysis of signalized intersections has not been performed utilizing the 1985 Highway Capacity Manual and the turning volumes at Congress Avenue/Woolbright Road do not appear to have been adjusted for extension of Woolbright Road. Concurrency - Since the proposed project generates more than 500 new vehicle trips, it is subject to concurrency under Palm Beach County Standards. The Applicant's analysis of concurrency is accurate except for SW 23rd A venue. This review considers the project's radius of influence to begin at WoolbrightlKnuth Road. Based on this assumption, SW 23rd A venue is not in the radius of influence. The project also meets LOS Standards under the City of Boynton Beach Traffic Element within the radius of influence. Walter H. Keller Jr.. Inc. Mr. Timothy Cannon May 16, 1990 page three Table 1. Summary of Applicant 1993 Traffic Conditions Analysis 1993 County Exist Back ProJ Total LOSD Roadway From To ADT ADT ADT ADT Cap VIC Boynton Beach Bd Knuth Road Congress Avenue 27,365 8,184 42 35,591 1t6,300 0.77 Congress Avenue Old Boynton Rd 31,972 12,336 61 44,369 ~6,300 0.96 Congress Avenue Old Boynton Rd Boynton Beach Blvd 29,808 16.263 136 46,207 16,300 1.00 Boynton Beach BlvdSW Congress Bd 25,170 11,441 429 37,040 6,300 0.80 SW Congress Bd Woolbright Rd 25,170 11,441 156 36,767 6.300 0.79 Woolbright Rd Golf Rd 25,170 9,580 174 34,924 6,300 0.75 Golf Rd Lake Ida Rd 22.340 8.505 121 30,966 6,300 0.67 Golf Rd Military Trail Congress Avenue 10,528 7,191 13 17,732 3,700 1.29 Congress Avenue 1-95 Overpass 9,036 1,527 38 10,601 3,700 0.77 Woolbright Rd Military Trail Knuth Road N/A N/S 44 N/S 30,200 N/A Knuth Road Congress Ave N/A N/S 249 N/S 30,200 N/A Congress Ave 1-95 20,902 6,036 227 27,165 0,200 0.90 SW Congress Bd Knuth Road Congress Avenue 4.324 N/S 429 N/S 13.700 N/A Knuth Rd Project Site Woolbright Rd N/A N/S 293 N/S 13,700 N/A Source: Walter H. Keller Jr., Inc. Note: N/A - Not Applicable K.S. Rogers, Consulting Engineer, Inc. N/S - Not Shown by Applicant Summary - The Applicant's submission is accurate and shows concurrency on the links analyzed. However, the analysis of traffic assignment, impacts and concurrency on Woolbright Road is incomplete. The Applicant should also provide an analysis of projected traffic on Knuth Road and SW Congress Boulevard. The following items should be addressed: . The traffic assignment should be revised to show more traffic on Woolbright Road. . The Applicant's analysis of future roadway traffic conditions should include Woolbright Road between Knuth Road and Congress A venue, Knuth Road from the site to Woolbright Road and SW Congress Boulevard. . The analysis of signalized peak hour intersection operating conditions should be performed using the 1985 Highway Capacity Manual as required in the County Traffic Performance Standards Ordinance. Walter H. Keller Jr., Inc. Mr. Timothy Cannon May 16, 1990 page four Preliminary HCM analysis of projected conditions at the Congress A venue/W oolbright Road intersection indicates improvements may be required. It is also recommended the projected westbound left and westbound through volumes be reassessed by the applicant. The completion of Woolbright Road between Military Trail and Congress A venue should have a significant impact on these movements and may effect the results of the analysis. The project traffic loadings should also be revised at this intersection per earlier comments relative to the traffic assignment on Woolbright Road. . The unsignalized intersection analysis at Knuth RoadlWoolbright Road should be revised due to earlier comments relative to the traffic assignment and provided in the Appendix. H you have any questions please contact me at (305) 732-7844. s.~;e"gf:- .( fYJ ~rn ,:I~UtI )~~r"'H~~l1er Jr., PE,J{iCP President ORDINANCE NO. 88-22 ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM R-IAAA (SINGLE FAMILY RESIDENTIAL), TO PLANNED UNIT DEVELOPMENT WITH A LAND USE INTENSITY OF 4 (PUD LUI= 4), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF . _ j"jJ) BOYNTON BEACH, FLORIDA; PROVIDING A ((\(j.T CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, ~r~i AND AN EFFECTIVE DATE; AND FOR OTHER ~OJ\Y ~r' PURPOSES. c) WHEREAS, the City Commission of the City of Boynton Beach, Florida, has heretofore adopted Ordinance No. 80-19 in which a Revised Zoning Map was adopted for said City; and WHEREAS, Land Design South, as agent for the owners of the subject parcel, has heretofore filed a Petition with the City of Boynton Beach, Florida, pursuant to Section 9 of Appendix A - Zoning of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain parcel of land consisting of approximately 20.16 acres (t) located within the municipal limits of said City, said property being more particularly described hereinafter, from R-1AAA (Single Family Residential), to Planned Unit Development with a Land Use Intensity of 4 (PUD LUI 4); and WHEREAS, the City Commission deems it advisable to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section I: That the following described land, located in the City of Boynton Beach, Florida, to wit: See attached Exhibit "A" be and the same is hereby rezoned from R-1AAA (Single Family 1 Residential), to Planned Unit Development with a Land Use Intensity of 4 (PUD LUI 4), which intensity is determined to be appropriate under the circumstances represented to the City in said application and in conformity with the Comprehensive Plan of the City of Boynton Beach, Florida. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3: That the application of the owners and agents of the subject property for rezoning is hereby granted for the purpose of permitting the development of said land as a Planned Unit Development (PUD) specifically in accordance with staff comments attached hereto as Exhibit "B". Except as provided herein, the Applicant shall proceed in strict accordance with all ordinances of the City of Boynton Beach, including but not limited to its zoning, electrical, plumbing, subdivision, planning and zoning codes, and all rules and regulations of the State of Florida, Department of Environmental Regulations. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall become effective immediately upon passage. FIRST READING 1988. this .M day of /~ , 2 SECOND, FINAL READING and PASSAGE THIS of./d. day of eJ lL Y) t:/ , 1988. CITY OF BOYNTON BEACH, FLORIDA I:J CLC2d [I; Ma # ~~t& Uy! ju~~ Commissi ' er Commissioner ~c~}~)Q~ ATTEST ~tfj!~- City Cl 3 EXHIBIT "A" Tracts 121, 104 and 89 less the west 25.0 feet thereof; Tracts 90, 103 and 122 less the East 260.0 feet thereof; Tract 72 less the north 60.0 feet and less the West 25.0 feet thereof; Tract 71 less the North 60.0 feet and less the East 260.0 feet thereof; All being a portion of Palm Beach Farms Company Plat No.8, recorded in Plat Book 5, at page 73, Public Records of Palm Beach County, Florida. Containing 20.16 acres, more or less (gross and net) Also described as follows: A parcel of land in Section 30, Township 45 south, Range 33 east, Palm Beach County, Florida, being more particularly described as follows: Commencing at the south quarter corner of said section, run thence north 01010'26" east along the north-south quarter section line 40.0 feet; thence east 40.0 feet to the point of beginning of the herein described parcel; thence continue east 351.64 feet; thence north 01004'28" east 2513.64 feet, to a point in the south right-of-way line of Lake Worth Drainage District Canal L-25 as same is recorded in Official Record Book 2063, at page 1416, Public Records of Palm Beach County, Florida; thence south 38049'00" west, along said right-of-way line 347.30 feet to the easterly right-of-way line of a road right-of-way as is recorded in Official Record Book 2075, at page 572, Public Records of Palm Beach County, Florida; thence south Ol 0 10' 26" west, along just said right-of-way line 2512.61 feet to the point of beginning. Containing 20.16 acres, more or less (gross and net). 4 ....t, ,\ EXHIBIT "B" MEMORANDUM 18 April 1988 TO: Peter L. Cheney, City Manager FROM: Carmen S. Annunziato, Planning Director RE: Knuth Road - Tara Oaks Rezoning At the Planning and Zoning Board meeting of April 12, 1988 the Board conducted a Public Hearing on the proposed Lakes of Tara rezoning from R-1AAA to a Planned Unit Development. The proposed PUD provides for the construction of 78 single-family detached homes on 20+ acres. The gross density is 3.9 dwelling units per acre. The primary point of discussion concerned the construction of Knuth Road as a collector roadway between Woolbright Road and the entrance to Banyan Creek - a total of approximately 3,700! linear feet of which 1,100 feet lies north of the proposed project. At the hearing, the developer, Mr. Barson, objected to the unusually burdensome requirement of having to construct Knuth Road along this entire frontage (2600 linear feet) on the basis of 78 dwelling units. This requirement is, however, consistent with the City's adopted policy which requires the construction of public roadways adjacent to proposed projects (see attached) including crossing of LWDD canals. As a follow-up to the meeting, discussions were held between the City's staff and the developer and the City's staff and the Palm Beach County Traffic Engineer's Office. Conclusions reached were as follows: 1. Knuth Road is not a County Thoroughfare Collector and that it can be permitted and constructed by the City and to City standards. 2. Because of the unusual configuration of Mr. Barson's property, 2600+ feet of frontage on Knuth Road plus an additional 300+ feet to cross LWDD canals and to tie into Woolbright Road to the south, the cost per unit of roadway improvements was unusually high. 3. Road impact fee monies may be available to assist in the .. ; construction of Knuth Road. Based upon the abovementioned considerations, an agreement in principle was reached as follows: a. The City of Boynton Beach will issue permits for the construction of Knuth Road consistent with the City's standards for roadway construction. b. Mr. Barson agrees to prepare plans and specifications for the construction of Knuth Road from Woolbright Road to the entrance to Banyan Creek. c. Mr. Barson agrees to pay road impact fees in connection with the construction of the proposed 78 dwelling units. d. Mr. Barson will construct Knuth Road from Woolbright Road to the southerly limit of LWDD Canal #25. e. The City will solicit assistance from Palm Beach County to utilize road impact fee monies to construct Knuth Road from the southerly limits of Knuth Road to the entrance to Banyan Creek. This proposed agreement addresses the issues raised at the Board hearing and approval is recommended, subject to the agreement where it conflicts with previous comments and subject to other previously transmitted recommendations. ~$:a ~ CARMEN s-;"~ /bks Avo, and S.E. 1\J Avo.' which abut this street. wi I I be borne by the developers of the properties 3.5.8.12. Construction of Roads--bv Developers (new section) The f 0 I I ow I n g r 0 ads s h 0 u I d be con s t r u c t e d by de vel 0 per san d a t the expense of developers, wherever possible: 3.5.8.12.1. Connect Meadows Blvd. to Lawrence Road at two locations. The two rlghts-ot-way which presently extend west from Meadows Blvd. (In the Meadows 300 P.U.D.) should be extended through to Lawrence Road as pub! Ic roads. Construction of these roads Is desirable In order to more 1uJ Iy Integrate future developments Into the CI ty. These roads should be constructed by the developers of the properties which I Ie to the west of the Meadows development. 3.5.8.12.2. Construct Knuth Road as a co! lector, from Old Boy n ton R 0 a d t 0 ~o 0 I b rig h t R 0 ad. Co n s t rue t Ion 0 f K nut h R 0 ad w I I I s e r ve tor e I I eve con 9 est ion 0 n Co n g res s A v e n u e and w I I I pro v ide ace e s s tot he property which lies along the western City limit. between Boynton Beach Boulevard and \^!oolbright Road. Knuth Road should be built as an urban col lector In a minimum 60 foot right-Of-way. between Old Boynton Road and the L-25 Canal, and an 80-foot right-Of-way between th L-25 canal and ~oolbrlght Road. The costs of acquiring the right-Of-way and construction of the road should be borne by the developers of the parcels which lie along this corrIdor. 3.5.8.12.3. Construct S.\^!. Congress Blvd. from Congress Avenue to the future Knuth Road corridor, as a publiC street. 3.5.8.12.4. The recommendation that S.W. 8th Street be provided as a col lector road between ~oolbright Road and West Ocean Drive has been deleted, since these this road would cross an area which Is the subject 01 a pending lawsuit. 3.5.8.12.5. The recommendation that a public col lector road and railroad crossing be prOVided to serve the Industrial property east Of the Seaboard Airline Railroad, between Boynton Beach Boulevard and Woolbright Road has been deleted, since this road would cross an area which Is the subject 01 a pending lawsuit. 3 . 5 . 8 . 1 2 . 6 . Co n s t r u c t the f 0 I I ow I n g S t r e e t sin the nor the a s t ern portIon 01 the City: N.E. 4th Street from N.E. 16th Ave. to N.E. 20th Ave.. N.E. 17 Ave. to N.E. 4th Street. 3.5.8.12.7. Construct S.W. 2nd Street from S.~. 31st Ave to S.W. 34th Ave. 3.5.8.12.8. ~Iden the right-Of-way and pavement on the street which runs along the east side of the new Post Office. where this street 197 M E M 0 RAN DUM March 28, 1988 TO: Mr. Jim Golden Senior City Planner FROM: Tom Clark City Engineer RE: Master Plan, Tara Oaks COMMENTS: 1. A right turn storage lane should be provided on Knuth Road at the intersection with Woolbright Road. 2. The sidewalk construction in Knuth Road should continue to Woolbright Road. ~, --~I Y 0. -:----- ~ Tom Clark TACjck Utilities Department Developer to dedicate a 30 by 30 foot wide parcel for the proposed lift station M E M 0 RAN DUM March 29, 1988 TO: CHAIRMAN AND MEMBERS PLANNING AND ZONING BOARD FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR RE: TARA OAKS PLANNED UNIT DEVELOPMENT- STAFF COMMENTS Please be advised of the Planning Department's comments in connection with the above-referenced rezoning request: 1. Right-of-way for S.W. Congress Blvd. and Knuth Road to be dedicated to the City of Boynton Beach within sixty (60) days of zoning approval. 2. It is recommended that the intersections of S.W. Congress Boulevard/Knuth Road and Woolbright Road/Knuth Road be constructed to provide for right and left turning lanes. 3. Developer to construct Knuth Road and S.W. Congress Boulevard in accordance with policies set forth in the Traffic and Circulation Element of the city of Boynton Beach Comprehensive Plan Evaluation and Appraisal Report. 4. Developer to complete the roadway improvements outlined under no. 2 and no. 3 above prior to the issuance of a Certificate of Occupancy. 5. Project signage requires site plan approval. 6. A detailed landscape plan must be submitted at time of preliminary plat approval for review by the Technical Review Board and Community Appearance Board. 7. It is recommended that the applicant receive credits against his road impact fees because of the substantial off-site improvements required. C~iNS. ~O CSA:ro cc Central File .__...".----,---_..~----_._.._.,"._-_._--~_._"--_._.__.---,.- M E M 0 RAN DUM TO: Carmen Annunziato, Planning Director FROM: Kevin J. Hallahan, Forester/Horticulturist DATE: March 29, 1988 RE: Tara Oaks This memorandum is in reference to the above project. There are numerous Live Oak and Scrub Oak trees throughout the site which require the applicant to submit a written Tree Management Plan. This plan should include: l. a listing of all existing non-exotic trees with dimensions of height, diameter and quantities. 2. a plan showing what trees will be preserved, transplanted, available to the public and removed. 3. a report in this plan of the flaura and fauna inventory on the site. 4. a determination that the site requires a 25% preservation, due to the comprehensive plan requirements. 5. the plan follows all the 'on-site requirements of the Tree Preservation Ordinance #81-21. 6. the above information should be provided by the applicant to the Planning Department prior to the final plat submittal. ~-,,,,,,,'/ f1.=/ I ~/3?.. /~ Ke ln J. Ha ahan Forester/Horticulturist KJH:ad RECEIVED DOC:TARAOAKS MAR 30 1988 PLANNING DEPT. "' ' ~,:XJ'J 1=='.. - ~, ~r.: .>.' t' \.. ' \" . ~ ' .'. . ~ \.', a ~ ~ ~......... ';.. e ~ " TI ~ 11 "v:. .. 1 -\\ -\ 1\ \ \ .-: -;;~~ =- ;!:"'J ~ - L7'_ -< _ ~."i 1\\ 7:-i = :r: ':.~ ~ '--:. \' " >~ .L~~ro-. Ii'! 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'O'.\~. ., ",111 '0 ,,\/8 ,,\/4 M\LES'. '""A: Vl~ O,.ApjJ,~lr. of"e~1" .../(J,~ \ Q. Board of County Commissioners County Administrator jan Winters . Carol J. Elmquist, Chairman Karen T. Marcus, Vice Chair Carol A. Roberts Ron Howard Carole Phillips Department of Engineering and Public Works Date: June 19, 1990 James I. Golden Senior City Planner City of Boynton Beach 100 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach, FL 33435-0310 RE: TRAFFIC IMPACT ANALYSIS - TARA OAKS PUD Dear Mr. Golden: The Palm Beach County Traffic Division has reviewed the traffic impact study for the project entitled Tara Oaks PUD. Woolbriqht Road Ext./Knuth Road Ext.. Boynton Beach pursuant to Countywide Traffic Performance Ordinance (Ord. No. 90- 7) and Municipal Implementation Ordinance (Ord. No. 90-6). The County Traffic Division has determined the following: The project meets the 1990 Tra ffi c Performance Standards Code of Palm Beach County. If you have any questions regardi ng the determi nat i on of the County Traffi c Division, please feel free to contact me, or call 684-4030. Sincerely, (f) OFFICE OF THE COUNTY E~NEER ~-#~ harles R. Walker, Jr., P.E. Director - Traffic Division File: New - TPS - Traffic Study Reviews RECEIVED JUII ~ _ PLANNING DEPT. CRW:AAE:sb - - aae\TaraOaks "An Equal Opportunity - .'\tTirmative Action Employer" BOX 2429 WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000 @ prmted on recycled paper Kilday & Associates Landscape Architects/Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (407) 689-5522 · Fax: (407) 689-2592 '-p~~ ~rp~ June 15, 1990 Mr. Vincent A. Finizio City of Boynton Beach PO Box 310 Boynton Beach, FL 33425 Re: Knuth Road P.C.D. - Our File #799.5 Boynton Beach Boulevard P.C.C. - Our File #799.9 Tara Oaks P.U.D. - our File #799.10 Dear Mr. Finizio, Attached please find three (3) copies of the revised Master Plans for the above referenced projects. These have been revised pursuant to your Technical Review Board comments (Engineering Department Memoranda Nos. 90-101, 90-102, 90-103) including the specific verbiage agreed upon at the Planning and Zoning Board meeting on June 12, 1990. Sincerely, Kieran J. cc: Jim Golden; Boynton Beach Bill Winchester Mike Schroeder K.S. ROGERS, CONSULTING ENGINEER, INC. 1495 Forest Hill Boulevard, Suite F West Palm Beach, FL 33406 (407) 964-7300 (FAX) 969-9717 Ma y 1 8, I 9 90 Mr. Allan Ennis, P.E. Palm Beach County Engineer's Office Traffic Division P.O. Box 2429 West Palm Beach, FL 33402 HAND DELIVERED RE: TARA OAKS PUD Dear Allan: At the request of Mr. Jim Golden of the City of Boynton Beach Planning Department, I am forwarding to you two (2) copies of the Traff ic Impact Anal ysis for the Tara Oaks PUD. Tara Oaks is a proposed residential development to be located on the east side of Knuth Road immediately north of Woolbright Road. These reports are being sent to you for your review in conform- ance with the Municipal Implementation Ordinance as this project will generate in excess of 501 net trips per day. Very tru y yours, ~~ K.S. RO~, P.E. KSR/jr Encl. CC: Mr. Mr. Jim GOlden! Kerry Kilday RECEIVED MAY 23 1990 PLANNING DEPT. - ROSSI AND MALA VASI ENGINEERS. INC. CONSUL TING ENGINEERS ~I~ -f. n.ttM 7- ~I :.!..!>' 580 VILLAGE BOULEVARD, SUITE 140 WEST PALM BEACH, FLORIDA 33409-1904 (407) 689'()554 FAX: (407) 689.1109 April 16, 19ge City of Boynton Beach P . 0 . Bo x 3 1 e Boynton Beach, Florida 33425 ATTN: Mr. Jim Golden Assistant City Planner RE: Application for Re-zoning and Annexation for the Proposed Develop.ent of Three Parcels of Land to be Entitled: BOYNTON BEACH BLVD. P.C.D. KNDTH ROAD P.C.D. TARA OAKS P.D.D. Dear Mr. Golden: Enclosed are six (6) copies each of the Conceptual Drainage Plan and Master Water and Sewer Plan for each of the three (3) referenced re-zoning applications. The seventh set was hand delivered to Mr. Peter Mazzella. Should you have any questions, please do not hesitate to contact our office. Very truly yours, LAVASI ENGINEERS, INC. ~~~REC' ~'::. EIVED~ :" ER/jh APR 16 1990 PLANNING DEPT,1' Mr. Chuck Yann~Q -\ Kilday and Associates _ .,' enc. cc: Mr. Bill Winchester ~. " ",.,. ,"'"- I ,\. UTTING 'ENGINEERS OF FLORIDA INC. eSTABlISHEO 1967 f' Geotechnical & Construction Materials Hydrogeology & Monitoring Wells Engineering · Inspection. Testing , March 28, 1990 ...... .... , ,Bill Winchester P. O. Drawer 1240 Boynton Beach, FL 33425 Gentlemen: Re: Proposed Terra Oaks Residential Development Boynton Beach, FL Per request of Chuck Yannette of Kilday & Associates, Nutting Engineers of Florida, Inc. has performed geotechnical engineering services for the referenced project, namely a site inspectio1\ and review of the soils map. The results of our evaluation are presented hereafter. EXISTING SITE CONDITIONS The referenced site is located between the Lake Worth Drainage District L-25 and L-26 canals in Boynton Beach, Florida. The overall length in the north-south direction is approximately 2,514' and in the east-west direction 350'. The west boundary of the property is unimproved Knuth Road with the south end extending almost to Woolbright Road. The property was inspected from perimeter roads along the west and north sides only. Areas of the site are covered with short heavy vegetation with areas of pine trees and Brazilian pepper trees noted at many locations throughout the site. The Quail Ridge Country Club is located to the west side of the property. Existing single family and multi-family residential buildings are located along the east boundary of the site. There is evidence of an abandoned building on the north end of the site immediately south of the L-25 canal. The site is generally 2'2:. higher than adjacent roads. SUBSURFACE CONDmONS The United States Department of Agricultural Soil Conservation Service Soils Map for the ,Palm Beach County area indicates the predominant soil at this site is the Pomello series with some Basinger fine sand in the north and south ends of the site. The Pomello series consists of nearly level to gently sloping, moderately well drained, deep sandy soils that have a weakly cemented layer below a depth of approximately 30". These soils are typically found on low knolls and ridges. The weakly cemented layer is typically cemented with colloidal organic matter. The Basinger sand consists of nearly level, sandy soils formed in thick beds of sandy marine sediments. The sand colors range from white to dark reddish brown to pale brown and the sand is typically fine. Permeability is typically rapid. The nearest organic deposits are shown 2,000' to the west and within 500' to the east. It is anticipated that the groundwater level would be about 5' or more feet below existing grades at the site possibly lower during current drought conditions. 1310 NEPTUNE DRIVE. BOYNTON BEACH, FLORIDA 33426 Boynton Beach (407) 736-4900 . Pompano Beach (305) 941-8700 . FAX (407) 737-9975 .-..---.----------- , r -'- - , CONCLUSIONS Based on our inspection of the site and review of soils maps it is our opinion that the site can be readily developed for the intended commercial usage using conventional construction techniques. Of course, a geotechnical investigation should be performed prior to construction during the design phase to assess the subsurface conditions at specific building locations. Such test borings will determine the presence or absence of deleterious materials and will determine the density and any ground modification procedures required in providing suitable support for the proposed construction. We appreciate this opportunity to be of service and would look forward to working with you and your consultants during the geotechnical investigation and construction phases. Should you have any questions, please do not hesitate to contact the undersigned. Sincerely, NUTTING ENGINEERS OF FLORIDA, INC. Attachments: Limitations of Liability cc: Kilday & Associates 1551 Forum Place Suite 100 A West Palm Beach, FL 33401 TERRAOAK/pm @NUTTING ~ ENGINEERS OF FLORIDA, INC, ESTABLISHED 1967 To: Boynton Beach, City of From: Abaton InterfaH Thu, May 17, 1990 11:41 AM 755 3866 Page 1 of 5 Quality: Standard - \!D]]~ Walter H. Keller Jr., Inc. Consulting Enginccrs & Planncrs 10211 West Sample Road, Suite 204 P.O. Box 9740 Coral Springs, FL 33075 -9740 Ph: 305/755-3822 Fax Cover Sheet Fax Ph: 305/755-3866 Facsimile Data Transmission Information To: Location: Fax#: # of Pages to Follow: Fax Transmission From: Mr. Timothy Cannon City of Boyntcm Reach 4 Walt Keller _ Please Contact Walter H. Keller Jr., Inc., if the Transmission is not Complete. To: Boynton Beach, City of From: Rbaton InterfaH ThU, May 17, 199011:42 AM 755 3866 Page 2 of 5 Quality: Standard May 16, 1990 Mr. Timothy Cannon, Acting Director City of Boynton Beach Planning Department 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Re: Traffic Impact Review- Tara. Dab pun Dear Mr. Cannon: Walter H. Keller Jr., Inc. has reviewed the Applicant's traffic impact study for the proposed revised land use mix for the Tara Oaks site. The revision proposes the development of 192 multi-family dwelling units and a 20,000 square foot church in place of the approved 77 single family units. The results of our review indicate the Applicant meets City and County Concurrency requirements but additional information is required to assess traffic impacts. A summary of the review is provided. Existillg COllditiolls - The Applicant's analysis of existing conditions is reasonable. The analysis is based on the capacities adopted by the County and shows the only roadway in the existing conditions study area operating over capacity is Boynton Beach Boulevard between Old Boynton Road and 1-95. Although the analysis is based on County LOS "D'. capacities a revised analysis based on City capacities will have no bearing on the results. nip Oe.oe/"BtiOll - The Applicant's analysis of trip generation indicates the project is expected to generate 1,498 trips. This estimate is accurate based on the County requirement to utilize 7.0 trips per multi family dwelling unit. The County asserts this is a localized rate and would not accept an estimate from the Illstitute of :J}ansport31/oo Eng/nee.ls (I111) lip GCllC.l'Bt/on Ma.l,llla/4tiJ Ed/t/on which indicates the 7.0 rate is overestimated. The Applicant is also accurate in discounting the revised trip generation analysis based on the approved land use mix, The site was originally approved for 77 single family units translating to 770 daily vehicle trips for vesting purposes. The total new daily impact of the proposal is 728 daily trips as shown by the Applicant. Note if the Applicant were allowed by Palm Beach County to utilize ITE trip rates for the multi-family use, projected trip generation would be reduced to 486 daily trips. ZIp Dl51110utioll Blld ..!Jsslgl1l11ent - The Applicant's analysis of trip distribution is reasonable, however the assignment of traffic is skewed to SW Congress Avenue. The Applicant shows 429 (59%) of daily vehicle trips utilizing S\V Congress Avenue while 249 (34%) of daily trips are expected to utilize Woolbright Road east of Knuth Road. Considering all site access drives arc on Knuth Road, Woolbright Road/Congress Avenue is signalized and the poor operating condition of the eastbound left turn lane at SW Congress Boulevard/Congress Avenue shown in the Applicant analysis, project traffic on Woolbright Road is too low. This assignment should be revised. To: Bognton Beach, City of From: Abaton InterfaH Thu, May 17, 1990 II :43 AM 755 3866 Page 3 of 5 Quality: Standard Mr. Timothy Cannon May 16, 1990 page two BackcroUlld Traffic AJlalysis - The Applicant's analysis of background traffic is based on a 1993 buildout year, a historical link analysis and committed traffic per the Cambridge PUD and Quantum Park developments. The results of the background traffic analysis is reasonable. Programoled Jjllplvveolcll/s - The Applicant's analysis of projected traffic includes four programmed roadway improvements. The improvements include the six laning of Congress Avenue between Boynton Beach Boulevard and Old Boynton Road and between the L28 and L30 Canals, the construction of a new four lane divided link on Woolbright Road between Military Trail and Congress Avenue and the six laning of Woolbright Road from west of Congress Avenue to 1-95. The Palm Beach County Engineering office was contacted for the current status of these projects. The extension of Woolbright Road from Congress Avenue west to Military and the Congress Avenue link between the L-28 and L-30 Canals are included in the County Five Year Work Program and are scheduled for construction by the County in FY 1990-1991 and FY 1991-1992. An additional Congress Avenue improvement is scheduled for construction by the Boynton West development and is bonded while the six-laning of Woolbright between Congress Avenue and 1-9.5 is part of the Cambridge PUD agreement and is not bonded. However, this link is not expected to exceed existing capacity by 1993. fl'lif5c Impacts - The Applicant's analysis of projected traffic impacts is based on the Palm Beach County Traffic Performance Standards Ordinance. According to the Ordinance the project's radius of development influence should extend at least one mile and to any link outside a mile carrying more than 1 % LOS D capacity. The analysis provided by the Applicant is shown on Table 1. The analysis shows one over capacity link and does not provide sufficient information on Woolbright Roadl Knuth Road and SW Congress Boulevard for future analysis. Note the Applicant did not include the improved capacity on Woolbright Road east of Congress Avenue. The analysis of signalized intersections has not been performed utilizing the 1995 HigbW1lY Capociiy M1l/1llLli and the turning volumes at Congress Avenue/Woolbright Road do not appear to have been adjusted for extension of Woolbright Road. C01IClln"CllCY -Since the proposed project generates more than 500 new vehicle trips, it is subject to concurrency under Palm Beach County Standards. The Applicant's analysis of concurrency is accurate except for SW 23rd Avenue. This review considers the project's radius of influence to begin at Woolbright/Knuth Road. Based on this assumption, SW 23rd Avenue is not in the radius of influence. The project also meets LOS Standards under the City of Boynton Beach Traffic Element within the rfIdiu5 of influence. To: Boynton Beach, City of From: Rbaton InterfaH Thu, May 17, 1990 II :44 RM 755 3866 Page 4 of 5 Quality: Standard Mr. Timothy Cannon May 16, 1990 page three Tabl~ 1. Summary of Applicimt 1993 Traffic ConditioIl5 AnalYlliis I ! 1993 i County I Exist Back Proj Total :LOS D I Roadway From To ADT ADT ADT ADT I Cap VIC I BOl"ntonBeachBd ! Knuth Road COIljl;ress Avenue 21,36S 8.184 42 35,591 146,300 0.77 I I I Con!l;ress Avenue Old Boynton Rd 31,971 12,336 61 44,369 i 46,300 0.9€ I ! j Boynton Beach Blvd 29,8(1\ 16,263 136 46,207146.300 I I ConKressAvenue Old Boynton Rd 1.00 ! I Boynton Beach Blvd SW Con~e8S Bel 25,170 11,441 429 37,tNO ! 46,300 0.80 I I SW CoD~55 Bd Woolbri!l;ht Rd 25,170 11.441 156 36,767 146,300 0.79 I I I Woolbrl@t Rd Golf Rd 25,170 9,580 174 34,924 146,300 0.15 I i OolfRIl Lake: Ida Rd 22,340 6,505 121 0.67 i ! 30,%6 146,300 I I 1.291 I Golf Rd Military Trall COn~rC511 Aveoue 10,528 7,191 13 17,732113,700 , CO[]~rc;55 Avenue I.950ve:rpallll 9.036 1,527 38 10,601 113'700 0.771 I I Woolbri!il;bt Rd Military Trail Knuth Road N/A N/S 44 N/S 30,200 N/A I Koutb Road Con~e66 Ave N/A N/S ~49 N/S i 30,200 N/A I I Coo~u: Ave I.OS 20. 002 6,036 227 27,165 30,UlO O.9C I 1:3,700 i Kouth Road Coll.ll;1"ess Aveolle 4,324 N/S 420 N/S N/A : SW Colljljre.i Bd I I I I I Knuth Rd Projeot Site Woolbri~t Rd N/A N/S 293 [ NiS i 13.700 N/A , Sour~: Walter H, Keller Jr., leo. Note: N/A. Not Applioable K.S, Rcp;ers, Conjultin~ EnAieeer, Inc. N/S. Not Shown by Applioallt Sl111111181]'" - The Applicant's submission is accurate and shows concurrency on the links analyzed. However, the analysis of traffic assignment, impacts and concurrency on Woolbright Road is incomplete. The Applicant should also provide an analysis of projected traffic on Knuth Road and SW Congress Boulevard. The following items should be addressed: , The traffic assignment should be revised to show more Woolbright Road. traffic on · The Applicant's analysis of future roadway traffic conditions should include Woolbright Road between Knuth Road and Congress Avenue, Knuth Road from the site to Woolbright Road and SW Congress Boulevard. , The analysis of signalized peak hour intersection operating conditions should be performed using the 1985 Highway Capacity Manual as required in the County Traffic Performance Standards Ordinance. To: Bognton Beach, City of From: Rbaton InterfaH Thu, May 17, 1990 II :45 AM 755 3866 ~ Mr. Timothy Cannon May 16, 1990 page four Preliminary HCM analysis of projected conditions at the Congress Avenue/Woolbright Road intersection indica.tes improvements may be required. It is also recommended the projected westbound left and westbound through volumes be reassessed by the applicant. The completion of Woolbright Road between Military Trail and Congress Avenue should have a significant impact on these movements and may effect the results of the analysis. The project traffic loadings should also be revised at this intersection per earlier comments relative to the traffic assignment on Woolbright Road. , The unsignalized intersection analysis at Knuth Road/Woolbright Road should be revised due to earlier comments relative to the traffic assignment and provided in the Appendix. If you have any questions please contad me at (305) 732-7844. Sincerely, Walter H. Keller Jr., PE, AICP President Page 5 of 5 Quality: Standard '" ~ . . i 1 l. . " T' 2 . " 3 . 4 . ~ ., .. \, " i! ' ',I 'ii. n it :f ' .-1 ~; ~ . . ; ... ,.i :! ~ ',i' " . ~ 1 " 'ii r: II " Jj' I" l' ,I .' ~~ ; ill "f 11 'I i I ~I"! 'j f :',1 ,., .. .' h, ~/ N'; ;,.,..~1. ";. I " I i d . I , I " I i. .i " ')! . ,,' .,J r 1: J", .! 1 j j ,"I .'1 i c~,J ':'~.,: .~~ .~ 11 1; ;~ ~ ,~ ; '~f'~ .~ ~ ,J , ~~'1 0. ; <1. ;t.j ,li1 ~.~ ~!'f tl ~ U ,'~1 t.., .U :l~'i .: '., ":',1 " '11 , t.\.~....... __............ . . .._. 'lh -. I;--'-~" .' Page 3 II. SITE DATA - Tara Oaks P.U.D./For Information Only The following information must be filled out below and must appear, where applicable, on all six (6) copies of the site plan: Land Use Category shown in Existing-Low Density Residential the Comprehensive Plan Proposed-Medium Density Residential Zoning District Existinq - PUD LUI 4.0.. Proposed - PUD LUI 5.0 Area of Site acres 878 . 170 sq., ft. 20.]6 Land Use -- Acreage Breakdown a. Residential, including surrounding lot area or grounds 11.56 57.4 % 'of site acres b. Recreation Areas * (excluding water area) 1.5 'acres 7.4 % of site , I 2.0 acres 9.9 % of site acres % of site acres % of site .... , acres % of site, ,\\ I' 2.1 10.4 % of site acres , . 3.0 acres 14.9 % of site c. Water Area d. Commerqial e. Industrial f. Public/Institutional g. Public, private and Canal rights-of-way h. Other (specifyt Place of Worship i. Other (specify) % of site acres 5. j. Total area of site 20.16 100 % of site acres * InclUding open space suitable for outdoor recreation, and having a minimum dimension of 50 ft. by 50 ft. Surface Cover a. Ground floor building 116,OOOsq.ft. area ("building footprint") % of site 13.2 b. 871.20 9.9 \'la ter area sq.ft. % of site c. Other impervious areas, inclUding paved area of public & private streets, paved area of parking lots & driveways (ex- cluding landscaped areas), and sidewalks, patios, decks, and athletic courts. % of site % of site 219,286 sq.ft. 25.0 d.' Total impervious area 422406 sq.ft. 4.J. e. Landscaped area 151714 inside of parking lots (20 sq. ft. per interior parking space required- see Sec. 7.5-35(g) of .', Landscape Code). 17.3 sq. ft. % of site' Planning Dept. 1/89 , ' , . , . :. , . . Page ,4' ,,' .:', ',' :.: .:~:;': ;,.~. -< ',.~ . .: " " f. Other landscaped areas, 304,050 sq. ft. 34.6 % of site:", ' excluding water area' g. Other pervious areas, , , including golf courses, , ' natural areas, yards, and swales, but exclUding water areas sq. ft. .% of site, " h. Total pervious areas 455,764 sq. ft. 51.9 % of site. ,', ..;. <',J,:' i. Total area of site 878.170 sq. ft. 100 % of site,': " 6. Floor Area a. Residential b. Commercial/Office c. Industrial/Warehouse d. Recreational e. Public/Institutional f. Other (specify) " . . Place of Worship , , g. Other (specify) .' 192,000 sq. ft. sq. ,ft. sq. 'ft. sq. ft. sq. ft. 20,000 sq. ft. " J,. ... " .. " ".:'<::!&:'; ;';;..000 sq. ft. ':,::':' ',' <~:"', ""~; ,,', , ""-'{, .\." ; j',.;'\. " h. Total floor area 212,000 sq. ft. '," ~i . ~\~,: : "~ h ~. :':"~;"::';:<11:,;i , ,,::;:\LJ.~,;i:::; 'iii}~'~~ 7. dwelling units dwelling' units dwelling units dwelling units dwelling units d,welling units dwelling ,units ! ,. I I ! I i I I I i , e. Total number of dwelling units 192 ,:.;,' Gross Density Q t; dwelling units per acre 8. 9. 1,0. Maximum height of structures on site Required off-street parking feet 2 stories " a. Calculation of required number of off-street parking spaces Multi-Family 2sp/unit=384 sp. b. Off-street parking spaces" provided on site plan; I' 599 sp. i j i' I I I . ; \ il Church-1sp/lOOs.f.=200sp. ..~ ". ,.' . ' Total 584 spaces " \ ~ '" .,~ ' .\".,. '(';;~'~'~~ , .... ; l , l r i . Planning Dept. 1/89 1~.. .N~r.~.''''.~~' '''''':'.'m.;''--- . .... .. ..... '-.--'.' ,.-,. ,..~::~-===.:.. ",;. ..-; -"~'i,,~'f( : ';"'" ;'~..?~~' .' ~ l"I' F' r.~ . ~",,,,,,,______,.__~,_,_,,_~'_'_"'._'h_'__~'_.'_.__ .- ..--------...---.-....".......---- , .. _~. . . ' I' ~ ",'", :' ,'~ ._~.~.::~:.:;.~.;,,:::J ," r .r/')'tl -' ..... . -'. t l be~p._~?5_e~s~p.~s~I_e~QLQ8_8gZQ~1~~_eEEbl~eIlQ~ 'City of Boynton Beach, Florida Planning and Zoning Board This application must be filled out completely and accurately and submitted, together with the materials listed in Section II below, in two (2) copies to the Planning Department. Incomplete applications will not be processed. Please Print Legibly or T~pe all Information. I. Es~sBab_I~EQ8~eIIQ~ 1. Project Name: __T~~~ ~~_~~_________________________________ .... Type of Application ( check one) 4. -------- c"l. Rezoning only -------- b. Land Use Amendment only XX c. Land Use Amendment and Rezoning -----..--- f' 3. Date this A~plication is Accepted (to be filled out by Planning Departmen"t) : 4. Applicant~s Name (per-son or business entity in whose name this- application is made): Bill R. Winchester Address: 9290 Nickels Blvd. -~~~~~~~~~~~~--~~--~~~~~------------------------------- Telephone Number: 407-732-3961 5. Agent~s Name (person, if any, representing applicant): Kilday & Associates --------------------~------------------------------------ Add r- es s : _l.?.?l-_.E'2.;-~_..!'1_29~.L_ !3l.9.9"..: l.9.Q.~.!____...:_ ..:.._______________~..;..::'~.._ West Palm Beach, Fl 33401 Planning Department 1-86 page 1 -_.__._-~_.,._"-~.,----~-_._-~---- .' Telephone _l~QLL_~a~~~~~~___--_---__-_------_--------_-------___-_ Number: b. Property Owner's (or Trustee"s) Name: John Lambert Van Hezewyk ..An.i.ta. I.Olli se ll.an....1ie.z.e.w.yk.------------------------------- Braeburn Farm, 883 Warden Ave., R.R. 1 -------------------------------------------------------- Address: Unionville, Ontario, Canada --------------------~------------------------------------ Telephone Number: -------------------------------------------------------- 7. Correspondence Address {if different than applicant or agent>:* ____~L~_______________________________________________--- * This is the address to which all agendas, letters, and other materials will be mailed. 8. What is the applicant"s interest in the subject parcel? (Owner, Buyer, Lesse2, Builder, Developer, Contract Purcha~er, etc.> _________CQnt~aQt_Eu~~haaa~_______________________________________ 9. Street Addr.'ess or Locati on of Sl.Ibj ect Pelrcel: SQ1.ltb_Qf_L...W.....D.....D.A.__ Canal L-25 and North of L.W.D.D. Canal L-26 and starting at the North .sQll.th_1LA_S.e.ct.ioD_LiDfLof_SectioD_.3.D_.con:t.inuing_for_a_dep.th_Df_.3A.7 . 30 I , ". E:~;i Description of Subject P~rcel: ~==_~~~~:~=~_~~~~~~~_~~~____ 10. ------------------------------------------------------------------ ------------------------------.------------------------------------ ------------------------------------------------------------------ "l'" ------------------------------------------------------------------ ------------------------------------------------------------------ 11. Area of Subject Parcel (to the nearest hundredth (l/lOO) of an acre)': ___]~~~~_~EE~~________________________________________----------- Planning Department 1-86 page 2 -1 . 12. Current Zoning District: _g~p_~~l_jl~____________________________ 13. Proposed Zoning District: _~~~__~~~__~~~__~~~."~~_________________ 14. Current Land Use Category: ~9~_R~~~i~Y_~~Ei~E~i21__J~R~J________ 15. Proposed Land Use Category: ._l1,.g.9-j.Jl.!TL..P~l1.Ejj:.Y_..F,.gjLi_d_e_Il.tj._a_ljl1~.p_IU____ lb. Intended Use of Subject Pay"cel: _~~~1:.~:.t~I3..tJ.x._~~~~<i~~i;=hA.l________ ---------------------------------------.--------------------------- 17. Developer or Builder: -----------------------------------------~- ------------------------------------------------------------------ 18. Architect: N/A ------------------------------------------------------- 19. Landscape Architect: _~L~__________,______________________________ 20. Si te PI anner: __~i}=_~~Jic__~s_s_o_cj._~1:..e_~____________.__________________ 21. Civil Engineer: ~~~~~_~_~~~~~~_~~~~~~~~~~_~~~~_________________ 22. Tra.Ff i c Engi neer: __~~~._.B9JLe:F_s_c.R..-_~.____.__.___________.____________ 23. Surveyor: ___Sp_~~J_~~_~J_J~_c~______________________________________ II. ~aIs81e.be_IQ_~~_~V~~lIIgR_~lI~_eeebI~eIIQN The following materials shall be submitted, in two (2) copies. (chec:k) _xx_a. This application form. _XX_b. A copy of the last recorded warranty deed. _~~_c. The folIoNing docl.lments and letb::-rs of consent: (1) If the proper~ty is LInder joint or several ownership: A written consent to the application by all owners of record, and _~~_(2) If the applicant is a contract purchaser: A copy of, the purchase contract and written consent of the owner and seller, ',;' , , >,'.::,., and:';:;;" _~~_(3) If the applicant is represented by an authorized agent: A co~~. of the agenc~ agreement, or written consent of the BRplicant, an~. (4) If the applic:ant is a lessee: A copy of the lease agreement, Planning Department 1-86 page 3 :;"d: ~~.~: . ....... ~'.~:~4t>~' .~ . " and the written consent of the owner, and (5) If the applicant is a corporation or other business entity: The name of the officer or person responsible for the application, and written proof that said person has the delegated authority to represent the corporation Dr other business entity, or in lieu thereof, written proof that he is in fact an officer of the corpol~ati on. -XX.._d. A seal ed bOLlnd.:lry survey of 'I:he SLlbj ect parcel by a surveyor registered in the state of Florida, dated not more than six (6) months prior to the date of submission of the ap~lication, at a scale prescribed by the Planning Department, and containing the following information: ' ~X-- ( 1 ) AM accurate legal description of the subject parcel. XX (2) A computation of the total acreage of the subject parcel to the nearest hundredth (1/100) of an acre. xx (3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree Preservation Ordinance. This requirement may be waived by the Planning Director where found to be unrelated t6 the' land use or zoning issues involved with the application. _~~_e. A complete c:erti'fied list o.r- all propel~ty owners, mailing addresses, and legal descrip.tlons for all properties within at least four hundred (400) feet of the subject parcel as recorded in the latest official tax rolls in the county court house shall be furnished by the appl,icant. Postage, and mailing labels or addressed envelopes must also be provided. Said list shall be accompanied by an affidavit stating that to the best of the applicant's knowledge said 'list is complete and accurate. .Notification of surrounding property owners will be done by the City of Boynton Beach. ...AX._ f. A copy of the F'.:\l III Be.~ch County Pr-operty Appn,\i ser' s maps showi ng all of the properties referred t.o in paragraph E!. above, and their relation to the subject parcel. ~_g. A statement by the applicant justifying the zoning requested, including reasons why the pl~operty is unsuitable for development under the existing zoning and more suitable for development under the proposed zoning. ~_h. A compari son o'f the i mp..acts that wOLlI d be created by development under the proposed zoning, with the impacts that would be created by development under the existing zoning, which shall include: __}f.}f. (1) A compari son of the potenti ell square, footage or number and type of dwelling units under the existing zoning with that which wo~ldbe allowed under the proposed zoning or development. __~~(2) A s'l:atement o.f the uses that would be allowed in the proposed zo~ing or development~ and any particular uses that would be e:< c I uded. Planning Department 1-86 page 4 . . 0#\ _~~_ (3) Proposed timing and phasing of the development. _ijL~(4) For proposed zoning of property to commercial or industrial districts, where the area of the subject parcel exceeds one (1) acre, a market analysis shall be submitted. Said market analysis shall estimate and take into consideration the availability of all other 'properties within one and one-half (1.5) miles of the subject parcels, which are zoned for uses similar to those proposed on the subject parcel, and shall estimate and take into consideration the vacancy rate of all existing buildings within the same distance which are occupied by uses which are similar to those proposed on the subject parcel. _1CX..(5) A compaY-ison of tt-a'ffic whi.ch \lJOuld be generated under the proposed zoning or development, wi.th the traffic that would be generated under the current zoning; also, an analysis of traffic . movements at the intersections of driveways that would serve the property and surrounding roadways, and improvements that would be necessary to accomodate such traffic movements. For proposed developments which wculd generate three-thousand (3,000> vehicle trips pe~ day or more, or two-hundred fifty (250) or more single-directional vehicle trips within a one (1) hour period, a traffic impact analysis shall be required. Said traffic impact analysis shall include prOjected trip generation for the development, for all major roadways and intersections within one and one-half (1.5) miles of the subject parcel, as well as traffic that would utilize local streets through residential zoning districts. Said traffic impact analysis shall compare traffic levels between the existing zoning and the proposed zoning or development of the subject parcel,".and shall take into consideration all development that would be possible under the current zoning within the City, adjacent cities, and within the unincorporated area of Palm Beach County , within a radius of five (5) miles. For those parcels lying in the unincorporated area of Palm Beach County, which are not currently zoned for urban land uses, the potential land uses according to the' Palm Beach County comprehensive plan shall be used. Where said , parcels are shown on the Palm Beach County comprehensive plan under residential land use categories, the midpoint of the density range shown on County comprehensive plan shall be used. Where a , ',..'.' county-wide study of traffic generation at build-out has been adopted or is utilized by Palm Beach County, the levels of traffic that are prOjected by said study shall in all cases be used to project background traffic in the traffic impact analysis submitted by the applicant. The format and standards used in the traffic impact analysis shall be the same as those which are required by Palm Beach County, with the exception of the requirements listed above. Such traffic impact analysis shall include recommendations for the mitigation of traffic impacts, consistent with the standards which have been adopted by or are utilized by Palm Beach County. _~~(6) For parcels larger than one (1) acre, a comparison of the water demand for development under the proposed zoning or development with' water demand under the existing zoning. Water demand~hall be estimated using the standards adopted by the Palm Beach County Health Planning Department 1-86 page 5 Department for estimating such demand, unless different standards are justified by a registered engineer. Commitment to the provision of improvements to the water system shall also be included~ where existing facilities would be inadequate to serve development under the proposed zoning. xx (7) For parcels larger than one (1) acre, a comparison of sewag~ I flows that would be generated under the proposed zoning or development with that which would be generated under the existing , zoning. Sewage flows shall be estimated using the standards adopted;, by the Palm Beach County Health Department for estimating such +lo~.t unless di.f.ferent standards .:\l""e justi.fi.ed by a registered engineer. .', Commitment to the provision of improvements to the sewage collection'~ system shall also be included, where the existing faciliti~s would be inadeguate to serve development under the proposed zoning. _?f2f_ (8) For proposed resi deni:i al developmen.l:s I arger than one (1) acr'e, a comparison of the prOjected population under the proposed zoning or development with the prOjected population under the existing zon~ng. Population projections according to age groups for the proposed development shall be required, where more thon fifty (50) dwellings, or 50 sleeping rooms in the case of group hOUSing, would be allowed under the proposed zoning. Applications for rezoning to commercial or industrial zoning districts which exceed one (1) acre in area shall also provide projections for the number of employees. (9) At the request of the Planning Department, Planning and Zoning Board, or City Council, the applicant shall also submit proposals for minimizing land UBe conflicts with surrounding properties. The applicant shall provide a summary of the nuisances and hazards associ~ted with development under the proposed zoning, as well as propo5ai~ for mitigation such nuisances and hazards. Such summary shall also include, where applicable, exclusion of particular uses, limitations on hours of operation, proposed location of loading areas, dumpsters, and mechanical equipment, screening of service areas and mechanical equipment, location of driveways and service entrance, and specifications for site lighting. Nuisances an hazards shall be abated or mitigated 50 as to conform to the performance' standards contained in the City"s zoning regulations and the standards contained in the City"s noise control ordinance. Also, statements concerning the height, orientation, and bulk of structures, setbacks from property lines, and measures for screening and buffering the proposed development shall be provided. At th~ request of the Planning and Zoning Board or City Council, the applicant shall also state the type of construction and architectural styles that will be employed in the proposed development. (10) At the request of the Planning Department, Planning and Zoning Board, or City Council, the applicant shall also submit the following i nf ormati on: (a) Official soil conservation service classification by soil associations and all areas subject to inundation and high ground water levels. Planning Department 1-86 page 6 . ......,. '.". ... ~ ;. ,:".: ,,,., '. -~-_._-----,...~.._..._'---.__......_....._,-----_.-_.--------~-_.,. _.. ~'_._.-_.__.__.._--~.._-_.._- --------_._~-_. ..... (b) Existing and proposed grade elevations. (c) Existing or proposed water bodies. (d) Form of ownership and form of organization to maintain common spaces and recreational facilitie~. I (e) A written commitment to the provision of all necessary facilities for storm drainage~ water supply, sewage collection and treatment, solid waste disposal, hazardous wa~te disposal~ fire prctection~ easements or rights-o~-way~ roadways, recreation and park areas~ school sites, and cither public improvements or dedications as may be required. _~__(11) For rezonings to planned zoning districts~ the specific requirements for submission of applications for rezoning to such districts shall also be satisfied. Furthermore, all materials required for a subdivision master plan shall also be submitted. III. eEE~IQeIIQ~_E~~~~ Fees shall be paid at the time that the application is submitted, according to the fees which have been adopted by ordinance or resolution. The Planning Department will inform the applicant as to the fees which are required. All fees shall be paid by check~ payable to the City of Boynton Beach. IV. g~8IIEIQaIIQ~ <I) (We) uflderstand that thi s appl i cat i on and all pI cAn and papers submi toted' herewi th becclme ;::\ part of the permanent records of the Planning and Zoning Board. (I) (We) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewIth are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. __~L~~-~- gnature of Owner(s) r Tr tee~ r Authorized Princip~l if property is owned by a corporation or other business entity. --~?:L~-3.$Li~- Date V. 6~I~Q~~e~_o.,F_e~~~I, ---~ ~ ~~L_~~~~~ ~ignature of ~~;ized Agent k:-/ ,-i?p...y ~ AS'S~. ____*g. .::'~q_____ Da~-! (I) (We) hereby desi gnate the above si gned person agent with regard to this a plication. __(j~L~%. --- ~~it~r; of Owner(s) o~ Tru as (my) (our) authorized -~/~~_~$.Jf~ Date Planning Department 1-86 p.'::\ge 7 Kilday & Associates Landscape Architects/Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (407) 689-5522 · Fax: (407) 689-2592 JUSTIFICATION STATEMENT AND IMPACT COMPARISON (ITEMS G. AND H.) FOR TARA OAKS The petitioner is requesting a modification of the Boynton Beach Comprehensive Plan to change the designation of the property contained in the attached application from Low Density Residential to Medium Density Residential. This change of land use will allow for the development of this last existing vacant parcel of property located at the northeast corner of the intersection of future Woolbright Road and future Knuth Road to be developed with a land use compatible with surrounding development. Currently there is an existing approval for 78 single family lots on this property. There is also an existing condition that the developer of this property fund the expansion of Knuth Road from the property's north property line to Woolbright Road. Due to the high cost of this roadway improvement, which benefits the overall population of the City of Boynton Beach, development of the property has never moved forward. Based upon recent economic analysis, it is not reasonable to assume that the original approval could ever be built with such a condition. The intent of this land use change to allow a more intensive use of the land will permit the developer of the property to also construct Knuth Road as originally envisioned. Additionally, the development of the property will be designed in an innovative manner capable of providing a development pattern entirely consistent with adjacent properties. SpeCifically, the petit~oner intends to construct 192 units all located north of Southwest Congress Boulevard. The land to the south of Southwest Congress Boulevard will be developed as a combination of open space/park and a church. These passive uses will provide tor significant buffering and open space adjacent to the existing single family development of the Lakes of Tara PUD. Conversely, the development of the property north of Southwest Congress Boulevard will be multi- family in nature and similar to existing facilities already developed at The Landings. This proposal will have no effect on property located to the west of the site as it will be JUSTIFICATION STATEMENT TARA OAKS PAGE 2 separated from this project by the proposed Knuth Road (previously mentioned) and the existing buffers of the Quailridge development which has no access onto Knuth Road. A comparison of the impacts of the existing approval and the proposed development are as follows: 1. The existing approval allows for the development of 78 single family units. The proposed development will allow for the construction of 192 multi-family units as well as civic uses (church and park). 2. The proposed zoning of Planned Unit Development will allow multi-family housing, parks, and civic uses such as churches. 3. The petitioner hopes to begin final platting of the project immediately upon approval. Construction should commence within one year following the approval. 4. For the purpose of population projection, it has been assumed that due to the nature of single family housing, an average of 3.5 persons per unit can reasonably be expected which would allow for a total population of 273 people. In the proposed plan, apartment living is anticipated with an average density of 2.2 persons per unit which would allow for a total population of 422 persons. EXHIBIT "A" ','.,\", DESCRIPTION ,.;~ . , . ", -:{;;' '" ",' ;^'~RAqTS ,121, 104 AND 89 LESS THE WEST 25.0 FEET, THEREOF: 'TRACTS 90; '103 AND 122 LESS THE EAST 260.0 FEET THEREOF; TRACT 72 LESS THE NORTH 60.0 FEET AND LESS THE WEST 25.0 FEE~THEREOF; TRACT 71'LESS THE NORTH 60.0 FEET AND LESS THE EAST; 260.0 FEET THEREOF; ALL BEING A PORTION OF PALM BEACH FARMS COMPANY PLAT NO.8, RECORDED IN PLAT BOOK 5, AT PAGE 73, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING ~0.16 ACRES, MORE OR LESS (GROSS AND NET) "'" ALSO, DESCRIBED AS FOLLOWS: A'PARCEL OF LAND IN SECTION 30. TOWNSHIP 45 SOUTH, RANGE 33 ,EAST; PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY '.. ,DESCRIBED AS, FOLLOWS: ,. . ). COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION RUN THENCE NORTH 01.10' 26" EA$T ALONG THE NORTH-SOUTH QUARTER SECTION LINE 40.0 FEET; THENCE EAST 40.0 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE CONTINUE EAST 351.64 FEET; THENCE NORTH 01804' 28" EAST 2513.64 FEET,' TO ,A POINT IN THE SOUTH RIGHT-OF-WAY LINE OF LAKE WORTH DRAINAGE DISTRICT CANAL L-25 AS SAME IS RECORDED IN OFFICIAL RECORD BOOK 2063, AT PAGE 1416, PUBLIC RECORDS OF PALM BEACH 'COUNTY, FLORIDA: THENCE SOUTH 89.49'00" WEST, ALONG SAID RIGHT-OF-WAY LINE 347.30 FEET TO THE EASTERLY RIGHT-OF-WAY LINE' OF A ROAD RIGHT-OF-WAY AS IS RECORDED IN OFFICIAL RECORD BOOK 2075, AT PAGE 572, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 01810'26" WEST, ALONG JUST SAID RIGHT-OF-WAY LINE 2512.61 FEET TO THE POINT OF BEGINNING. CONTAINING 20.16 ACRES, MORE OR LESS, (GROSS AND NET). Mr. Tim Cannon Director of Planning & Zoning City of Boynton Beach 120 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Re: Agency Agreement Dear Mr. Cannon, This letter is to serve as permission for Kieran J. Kilday and Kilday & Associates to act as the agent, to prepare and submit all documentation, and attend all meetings pertaining to the property described in attached Exhibit "A" as it re- lates to the Annexation, Land Use Plan Amendment, Zoning and Special Exception or Site Plan approval process. Furthermore, Mr. Kilday and Kilday & Associates are author- ized to agree to terms or conditions which may arise as part of the approval of this application. Sincerely, ,,, 4iI;f d:-k/; STATE OF: ~\oc:::.c:: " ~ COUNTY OF: ~ n"" ~Q (::"h I HEREBY CERTIFY THAT ON THIS ~<;S'\-h day of~Y'\'-'-O.~'-l. 1990, before me personally appeared \:f,\\ 'R..~,-" ~,.".-,c....\;~~\o::..r \ to me known to be the person(s) described in and who executed foregoing instrument. WITNESS my hand and official seal in the State and County the day and year last aforesaid. (NOTARIAL SEAL) ..... S\t~';, -M~sJ/~ Notary Public State of: ~\~( ,d.-", My Commission Expires: -- 'h~ory i'uMif, S~afe 0' Fforilcr ......., f.~:: (:!Z:7:;"~:":1 hr'k~! l'~!". IS, 19'3 B(lnrJ~..) Tl. "lJ OJ '01 ;:ai.1 ~ !nst1rcmco f~(. -----------"----- -_.~.- --".- . -. -----_.~---_._._--_.~._--- ~1~t~f~~t~~~~~~~~~r.\~i,~~r~~~~;f:~~~~~"'''~~:::~~1.'\::'~'0~;';t1~,::.~'''(;~','.':-':''~'_:'~'~',,'Y:~~.f~;';::'':''''::;~~~;:::/';;t~;': ., I I' .' 'I~', .1-- Y . O::Ij\ .. rhio in,'...menl wal pr.pared by. .", ., ' , .. '" ",...." '. ...' '...'.' ,.."", ;' . '".,' , ,....,..."".:,....'." '.'h ".. .'"..' , ""';,' ""~li;~M'~':"",">..;:;,,' ,.";,:.":<<..;VJ..~'i\W~&>..t~~!~t,i''i~'i.,i~.,,,=~:~~,,t~''*~~:ti;:1~~~'gf)1~~o{!:r;:~'l~':i;r:'it~r~~&~;~'?V::~&~.1~:1.~ltf~~~:A~ ", . .' ~~~.I i," '.';,,,"..;~'W'...__~u:.~,~,_.:-:~::':'~~to~~~'.:l:..t~...,.~......,;.;::,,~"';""" :::J~...'-!'~';O"':;:_~ '. ~..;:::.!...~." ,!'" _,... _. , ~ : 0 0, ~. U ~~ ~~.... Warranty JJttd (STATUTOrY rOlli-SECTION 619.0' r.s.) Ul'17i1l )nb,nfur" Made Ihi, / ..sr /;/';pA",L 19 10. 1,'1IItfII day of JOHN LAMBERT VAN HEZEWYX and ANITA LOUISE VA" HEZEWYK, conve,inq their separate non-hom..t.ad prop.rty o',hel:....Iy-oJ_ Ont.rio, Canada .05........_ . .....ntot.. fIIIII JOHN LAMBERT VAN HEZEWYK .nd ANITA LOUISI VAW HIZEWYX, .. Co-fru.tee. whase pod office addre.. is !lraeburn Far., 883 Warden Avenue, R.R. 1, of the -C"""",-ooI Unionville, Ontario .o5le......, Canada , orantee., .lflU..'t~, ThaI .aid granlar. 'or and in conoideralion of the sum of ------------TEN ~ND NO/IOO----------------_______________________ ~~ and oth.r guod and valuable conoid.rations to Ipid granlor in hand pold by IOld grant". the NCeipt whe,"' II heNby ac.nowledged. ha. granted. bargained and sold to the lOid gran.... and granl"'s heirs and os.....' Iore...r, the fallowing d.Kribed land. silua'e. lying and being in P.lm B.ach County. '1orI4a. to.wlt. !i P.rc.l I - Tract. 121, 104, 89, Tract. 90, ~03 and 122 LE.' the Ea.t 260.00 teet thereot, all b.ing a portion of PALM BEACH FARMS COMPANY PLAT NO.8, r.cord.d in Plat Book 5, at Page 73, Public R.cords ot Palm B..ch County, Florid., 1... roa~ right-ot~way.. 0# I ..". .~:: , . ! ~ ~ '~l. P'rcel I: - Tract 71 LESJ the North 60.0 teet ther.ot and LESS .m! the E.st 260.00 t.et th.r.ot, Tract 72 LE.' the Worth 60.00 teet thereot, all being a portion of PALM BIACH 'ARM' COMPANY PLAT WO. 8, recorded in Plat Book 5, Pa9* 73, Public a.oord. of Pala ae.ch County, Flori~a, le.. road right-ot-way.. ) 100.00 L/. ~() . L/(j -. ..r: ~ I'" ~o Il.",,;r.:~ and IOld grantor does heNby fu/Iy warrant the title to said land, and wi. def.ncl the 101M agolMt the lawful claim, of 011 IMrSOM whom.......r. · "Grantor" and "gran..... are UMd for singular or plural. 01 contexl requt..... In ."n'lIl WlJrnatf. Grantor ha. '--10 ,.. grantor'l hond and _I the day and YMr lint abo... writteft. ~~~ ~qh..L.~~~~.. ?/-. _~!~.J'~ -~ Cs.ot) nita oui.e Van He. r~ RECORD ftlaP..D (s.oI) IIALM 8EAOf COUNn'. AA Cs.ol) JOHH 8, DUHltU CLERK CIRCUIT COUIIT (r) CD STAT! Of FLORtDA COUNTY Of PALM BEACH I HfRfIV CERTIFY lhot Oft thi. doy bef<-<e ma, an officer cMy qualilMd to ..... odt-*'omenh, .--IIy ~ JOHN LAMBERT VA" HEZEWYX .nd ANITA LOUISE VAX REZKWYX, conY.~l", . th..ir sep.arat. non-ho....,t,..IS.. property oL_ '---'-- ._~__~ nd~" , . " 10 .... known 10 be the PMJOn. diticObed ,n a.... 1001>0 becvte8 ..... .__... ""'~ a ,... . ~ e.ecuted ,he 10_. 06' : ~ ' '~~"'" WITNESS my ~ond f>nd offICial MOl in the County and SloIe ....t or-.ald"''/ .. .., .'~":"~\"?" , 1geO. .-'-0 \.-::>\~""~ n-,_." C.".. M::,u'"", -. ... t-""! ..' ~, O. ro<" 9 . ...J " ! ..: i . e~ynsp Scac... '1.. -; .. " ~'I;J ~,j!J r ':, ':i' p, '", - ~.A~ ~". Z.r' ~,." I": ! "~it F',. r:.. . of.)./ ~ "'-T"U"lNT WAS ,."CPAIItDV, ,~, '........:::-.! :\:.;' ,.", ~....., - Crtft IIOOr.t . '''~ ~ 0 .. ~';. !t.># .: " "~l:')n,,:r\IO',,:u.W "1:11 ST~:t ..-..- ","r,"._"~" ,.' 'I,!,> ... .. lr r, (. I;.C'" ~I" _..,'....,........ L If'lr(U 4ILJ.Qf. 'L;J~IC'.\ 'M31 a.. C\"') CD c-..r C"") My CommillfOf't .:lIptrett CD ........uc IrA. CI flOt/Cloll A' VIlQ - '\f - 1IllPIIII....", ,<II '"' ~_eaAll>6 l.JoClR.,..'..'" / .... ' . JOI'IN Lfu'\1DERT VAN l-IEZPWYK_AND ANITA LOUISE VAN HE7Z~.yyI<, ....!'^IlTICS: ; .0 i....:. 1 i.'. I.\' V 1 ~""...;; \ .....n.:...L ,,;'.;'; ;J'vl\\..,i.j),......~.. ... uS Co-Trustees .[.~- .. .' .~ . or.-.--- (Phone anO.:.--:...13II.L R. \-HNCI'IESTER .I-n.....,.- '0; C!O'Schrncdcl- nnc1 T.JJrchc. P......ll.... 22'55 GJu.clc::; RQiliL Suite 319-7\. P..ocu.J1..\J~Qlh.J{Jj,o"" (J107) 2'11-0300 hetol>y/;111r"" In.'ll Iho Seller ~";111 s,,1l ;1'''/ Uuycr sh:.1I lJuy Ihu lollowin() rt:!;1' property t.~I!'l~'l m1(1 person;11 property (-~"'''on:llt'/-l (colleclivdy '~I~'l upon Iho IOIIOWI Icnl'S 000 condlhons vlll;.;h INCLUDe thu ::;t~ntJ;\r(Js lor ne~\1 Estate Trans:u.:lions prinlt:!tl 01\ lile fevelS': or ..U..t:hetl (":;land:lld("n .lIltl .1I'y .,tldenuulIIIO Ulis 1I.:.llulllen!. ( I.' . DeSCRIPTION: (;I) Leo.:l' descriplion 01 Re;lJ Properly Joc:lled in \. ~ ' SE~ EXHIBIT' ,II 7\ II Pl\L~ DEl\CH County. Florida: (bl slreet address. cily. ziP. or the Properly is: (c) Personally: NONE II. PURCHASE PRiCE....... ....... .......... ......... .....'.n.. .:.......................................... ..................... .1('........... ..... ......... $ ~_Q_QO~O 0 . 00 PAYMENT: '6,r\jGe~e Moore, Trust Accoun;fl[i (a) DcpoSil(s)10 be helt! in escrow by mOH~lrn~m~~~fC:X:X:IV1.{.. in Ihe lImounl or $ 10 , 000 . 00 ,(bl ,Subjecl 10 AND assumption of morlga{Je in good slamJing In lavor or hllVin{l :In :lpproximale presenl princip..1 b..l;1ncc 01 $ Purchase mon.cv IJlOrlg.,gCl ;lnd morlg;lQe nole be:lrino,:lI'1no:l! inleres!:l1 ."!. on ler.ms set !orlh herein. i~ :IIlmunl 01..........$ Diller; Addl. tlonal der-oS1 t tl[On cxrnr.at:lOn of .1,nves1:J.<1Cl1:J,On per.:LOc1 $ (cl (ll) [el Oalance 10 close [U.::;. cash. LOCALLY DflAWN cerlilietl or c:lshier's check). subjecllo,:uJjuslmenls :lIld prorations ....................... t 111. TIME FOn ACCePTANCC; CFFCCTIVC DATC: U this ollor is nol execuled hy :>00 tlolivored 10 all partior. Ol~ FACT OF EXECUTION communiC:lled in wriling l>clwccn the Po,rl on ll' be/Oft! . tho deposil(s) will. :It Ouyer's oplion. lie re/umeu 10 OUYN anu Ihe oller w;lhdra. The dale 0: Ihis Conlmcl n:ll11cfivl1 O:l!r!-) will fJc the ():I!C whcn the I:ls! one 01 the Ooyer :lnd Ihe ::;eller h:ls si!Jnetl this oller. IV. rJlMNOIOO, (nlll 1/.., ."....1....>., I'''{;~ ." ""J In..1 of " ;" I.. h. f;."....",d 1., .. 'hi..1 1"..1. I....... l~'.n.., t.. C..k. .."I I'...ill".,... ("f' ..1.." r', ',' ~..."M;, ....I ... II I" obl:\inifllJ a wnllen commilment lor tho Io..,n within rJ:.ys Irom (f/eclive D:lte. :II :11'1 initial interesl r:.le not 10 exceed "..; lerm or and in lhe principat :lmounl 01 S .OU'fCr will m:lke :lpplie:'lion wilhin d.,ys Irorn Etlcclive O.,le. Olfl{! use re.~"n,,:>I"" milenl and. there:irter. 10 meel the lerms :lnd coOOilions 01 Ihe commilimenl :lndlo close tho Io,a". Guyer shall P:lY :lllloan n,p"n""" .11:' Iu ol>l:li" Ihe 10:ln commitmenl ;Ind. Jl10mpJly notilics Seller in writing. or aller t1iliucnl cllorl 1:1;15 10 meet tht! lenns :11)(.1 cOllditions or lIu~ cn"~ 'v V/illve OU'/cr.s rights untler this suuP:lmur:l[lh within the Ii slalt.'<.I lor ol>lainin<.J Ihe comllllln"'n!. then either [l:\fty rm.y cancel the Conlr:lcl .,,,tI Duyer f.~~e tleposil(sl. (bl The e~islin9 mortg.'ge described in Pam!Jr;lph UlII) :lIJOVC I..,,, (CHr-r: ror;(7J); [ I) O:J v:Jri:lbln j"!m,,sl fOlic on (2J 0 a lixed inlt:resl rOltl' 01 'Y. [ler an", ^' lime o' lillc t,nnsfnr son-Po hxed intc'r.~.t ,,,tnr.. .un s\lhir.r.f . .. ~.l.:. II Incrn:l~(.,d. !he r:lh~ ~~h;l1l nol exceed ,.. Iler nnn..,m. 5(?IIr.r ~h:\ll. wi1hl" days trom Crh~1NC Qille. lurnish '-I SI:1hm\t~nl Iff" V.,,}CU~ r.1:lti,l<<J I>linclp:\( LJ.d:mC(!5. 111f!thQd of p:tYIl11?111. ;llh~IC!;l I.lh! ~1I1U SI.llus oJ "lU(I(J..,~s. II nllY~" h..'lS ;'l{Jrt?~l.I to ~S$U a morllJ:liJC which rCfjuires "1'1''''v 1:0 'y Ihe morl\J:1\Jec lor :l5SllmpIiQI1. Ihe", Ouyer sh:lll prolllpJly tlul"in nil required :lpplic:llio"s :Inti WIll dit;'Jenlly I'o",plelc and return Ih 10 lhe mor19:l<J"<!, ^... ,/. '.1"" <.;l1.,rfjC{s) not 10 l!xcc('d:;' 5h:111 ilc pa~l by (il nof lilll!cI i.,. l!qu:lll~' tlivifl.!tI), II I/u~ Ouycr j" nol ;lccpm bv mn I' ,~.\' ((!(fC.nfcrJ1(!'ols tOf .'l.~~lIfn()1i()n :",:- nor III aeCrJHI.ul\:U 'flith (h~ lnrlll'; or Ihc~ Conlrar:1 01 rn()rtn:1.Qf!p. m:lk~~. :\ ch:"~I(! in r.)U~P~~ nf Uu~ sl..ll(tt! "mount. Sellcr nt_II n..,I"-.... tv the-nf~~~l~M:t.. III 1'''.1 ti,l. 111\.1\ .1..,\ III i'l~t~. VI '.I".l~',.JJ 1I",.I,jIIJl.l. \"11.1I~.i1 .. .. TITlC C\'IEH:NQ€. ,\I k"Jt _ ""I" In,f.n"-e~l"i"!l ,1t,I."..~ItI....,ht.;l;-t.t-&.l/flH_rl#lf'ttl(.,...J,.JiYttr-l~'"fft_"";;'f)'t"':'J-;.u.)'II")I. i.. '. '0",,1'11,,'" ''''1', .'ll""",J ^, 1(" ...1. V' ,_)l , I) lJ Id. ,1"..,1 "llolk 011 p') U 1.11.. ''',"n.n"., ..........,1.......1. '-L-C'I r')s:tMf: n^Tr. ".:. "''''''l(''''"ll'mll Ul) V'1'I.:U,r nl\flll"Hh\_..llU~lJ ..lb...., tf!J.uljl\~fH+M~u:i""lld fUl _ , ....I...,~ft nttlm1tln,J h, elf t prn.'I'tIl"11 . f r f"llt VII. RESTflICTtON$: CA$CMI;NTS: LIMITATION:;: Ollyer sh.,IlI:lI,,! lilt.: ,.uhj'!r;( (0: lonin\l. n:"rridiof1s. prnhilJil..,ns '111(1 nltwr rt"llIirctl~!"ls impnsmf hy (lOVcrnn~!f'I:l1 :Il1l1\(l!'ity; rcslriclic :JI'J(j mailers HJlf".:nrirtl.J on the J.l~ll or uthonui&H commoll to the M.lbdivi~,ioH: pl..lhlic utility t!a:;c:lIlr~l1t:, of Il!COfU {(!.,~crncllt5 ;1Il'! to he 1oe.lleu C0l11hJuous to n(!~l PrOl.)("fly hnes :l not morc 11",," 10 feel in widlll :15 10 Ille rc:!r or h01l1 line.', :llItl 7 'Ii leel III j\JtJ\l.J1~ 10 lht:! :;ide lill':s. 1I1l1e:;s oll,c,wise specilietl herem); 1.1xes lot year 01 closirxJ ;lrxJ suuSCQUo yc.ars~ ;J:;SUITJL'tJ ,norIU..I!Jcs ;1'x.J J.lUrch,I~C money morl\J:IUc~, II ;HlY~ uther: ~, 10,000.00 ~HlO,OOO.OO ~'C,I prOVltJc<I. Illal there eXlsls "I closin\] no VIOla lion 01 Ill.: 10llOVOI(l\l :Inti nono 01 1l1elll prevelllCo "5U of !le.a1 Properly lor · purposel VUI. OCCUPANCY: !.'ie-lief w.ur:lnl~ lh..,t Iherp. arl) no p:".lif!!i. in occlI(J:\m:y nthf'!r Ih..u\ :,;,"llpf. I.'llt if Pftlp~tly i~ inh~l)(h!cl to he r('111mJ or or.cup'C'd hr.yond do...ir~,. llle' f..'\Ct ~nd lerl '1tlC:fCol 5h;.1I be :r:..10l'p.<1 hereio. and thu 1~I'I..nl(~) Of OCt:"n.\nl~i (Ji~..:ro~e(1 p\lr~u:lI1t to ~;[:mcf;.ll'tl r:. ~)(~JJI!( ''''~Jft!C5 10 df-:J;vt.~' occup;mr:y 01 Plopmly :'It lime 01 dO~IIKJ unlcs!l o'hp.(w sl"lud hcr,};o. rr o<-:cup:uv:y IS 10 hI"! dc:ivn,cd before clos"~I. Buyer a5~UI11.}:~ all ri~_k 01 I(J~~ to Propurly frum dale 01 nr.r.UfJ;,,\llCy. 51...11 be r'~folj()1l5ilJlc :tncf li"lJI(! 10r OkIinten:tncc Irl .Ihal date:. and !.h~U IJ() lIeclI1cc.llo h~l\'o ;1cGcptcd PCOIJCrty ill t1u:ir cxi:.;li,vJ condition a5 ur lime 01 (OIh.ifllJ OGCUP:lClCy unlus!; olhmwi!.H ~1"lc(j hCIl.'in or IJl il sepanllc writu'VJ. IX. TYPCwnrTTEN on HANowmTTEN pnOV1SION~: TYr>ewrillen or 11:Inllwrillen rrovbion5 5hall conlrul :.U prinled p10visiuns of Conlr:lct in contlicl with Ihem. X. INSULATION "IOCR: II Conlmcl is ulililed lor the sale 01 a new re5itlenec. lhe Insul.1lion ni(ler or eQuivalenl OIay be :lU:lchcd. XI. COASTAL CONSTRUCTION CONTnOL UNC (.cec!.") nlOCn: II Conlr:lcl is uliliLCtI ror Iho s:lIo 01 Properly alleClod lIy till.! CCCL. Ch:lpler lGt. 1''::>'. (I!lO::'I. as amc~ sh:111 apply aOO the CCCL /lider or equivalcntlll:lY ue aU;,ch.:lJ (0 [!lis C;onfr.:lct. Xll. FORCIGN INVCSTMCNT IN RCAL PROPeRTY TAX ACT ("FmPTA") nmcn: Thl" p:>rlio5 sh:lll eor"[lly with the provi5inns 01 FlnPTA :IOd :tpplic.,blo regvlalions which cc ~.~uiro Selle' 10 fJrovldc atldltional c:lsh OIl CIoSIl'IJ 10 llIoel wIU,holtlinu.,cq'uir':I'ru:nls. antllllo FlrW1A !litlor or cqulv:llenl "':ly ue allacl'K!tllo this ContrDcl. ",XIII:' ASStGNADIUTY: (CHECI( (I) or (2)J: Ouycr (11 m may :ts:;iun on (2) 0 may not :.ssign ConlracL ;: ,xIV. SPECIAL CLAUSES: (CHECK (1J or (2]): Addendum (1) Ct is :lll:lched on (2) 0 is not :lpplieablc. '.:j~;:;i" THIS lS INTENOiZ"O-TO DE A LEG^LLYOlNOING CONTRACT. ";;!:' . IF NOT FULLY UNDEHSTOOD. SECK THE ADVICE 01: AN ATTORNEY PrtlOR TO SIGNING. THIS FOflM l-tA$ DEEN APl'I,10VED UY THC FLOHIU^ ASSOCIAnON OF nC^L1orts AND THE FLOHlDA OAll. ApptO<r.JI docs nol cOMlilulc :In Q(Jinion 1Il.1~ .,ny of (fIC tenns and conai/ion5 in t/lis Conlr.JCI !"iIJou/ct l1e .1ccC(J/~'{ll1y the p.lllics in ., p:Jr/lcut.1f Imnsxlion.. YOI'ms and coneJl/ions sllOutd be ne!JoCi:lled lJased upon 1110 re~fJectivo intcresl5. objccCives .rnd /xJf!J:lining posilions of .:Ill in/ercslcu persons. ":~~'l:~;i' ,: ;,~;.~r~~--~"I ". JL' ': ~'-COPYntGHT 1!l~O OY THC l'~n~A _M2 A!:!.o ~-tr:!~n~A _~I\S~~CI^TION OF nC~LTORS.1NC. . -'. .,' .' I ~b? . . . I' I '7:r:.,.':I~:.' ....v J:..,f:::.' ,//', Dale,' h l ,;;-,,:'<':,' '. (Ouyer) .'~ :.':' .", '. , . . '. ',:,~:?9Ci:lI'ScC\JriIY orT:lx 1.0. , , ~,!;:;(~:~ ',;.:,::;, ' , ri;;:~:; ';;t:;.: (Ouyer) ;,~~~,I,~~riIY or TJX to. , . I.... "". ......':. J, .' 1,.1 /jJ- 7'/1 J D:lle . ,. "..,. .;" , : /Dcpo,si,l(s) u~cr Par:!!)r:lp" II received; IF OTHeR TH^N CA::;H. THCN SUOJCCT TO CLEAn , .OROKER.S FEE: (CHECK t. COMPLC.iE TI,E ONE ^PPLlC^OLE) '.; 0 IF_A_Lis:t:ING_~G,n.e:CMCNT..!S_CU,flr:tEN,~~Y_IN_cF,~eC:r.: , ; SeUur ..yrel:s lu pay Ihe Otuker lIallled fJdow. inclwill{J t:ool.ler:ltill{) sub-:lucnls named. ;leco OR ::0 IF NO LISTING AGnCCMCNT IS CUnnCNTLY IN CFFCCT: , "SCucr" :;lklli'lJay 'II,,,. Uluk"i li;;/1Ictl"l>clow~-;i(-lulle- 6r"clo:i111(l. rrom Ihe clisbumcmcnl5 01 Iho [>roceeds 01 llle s:llc. compensation in Ihe amounl 01 [COMPLeTE ONLY ( '_ 'Y. 01 gross purCl",'!se price on $ . lor Oroker's services in cll,!clin(J Ihe sale hy lincJin(J 11m Ouycr rc:>~fy. willing ;lncJ "hIe 10 purch:Jso purSlL,nt 10 Ihe forol Conlf:lcl. II Ouyer r:lils to f)I1rlonn :lnd c1epor.it(s) is ",t:lined. GO'I. IlIcr<1ol. hut not exc('ellinu Ihe IJrolter's lec :I"O~ provided. sh.,U be p:lirl Omkcr. :I'; /ul/ consklcr.,'ion 101' Oro ... servicos indv(.hr"lo:) costs cJ<pcndcd tr/ UroxVI. .;ul(J the u;Jlnncc :;,hntJ be J)t\id to ~;c:II~r. II Uu} t(m'\~t,r.:lion sh:t11 not cto~n 1)C!caw_l! or rclll:..-.r or l:\ilurc of Sr.Ucr 10 ncrrorm. Sellcr . pay the loll Ice to llroker on dem:lncJ. In :lny titio.11ion ~"isin\J out 01 IIle Contract t:onccrninll Ihe Urokcr':; I('c. IIle prev:lilinv p:lrly shall recover reason..ble :JllonlCY Ico~ :md C (Escrow ^ ~I. " : " . '. ~;:y,,;:::':f:t..:.:. LAND UNLIMITED :. :::. " (hr,lIIl\amO 01 \)raker] :,!i~' Dy; ,,'... :: :1,('", (lIUlllOlILt.'<.I51\l11illOlY) ( :;OUer) ;..... ".~':"', ~.lnmnuol coo~r"lirl\l suu-"uunll, ($o.:ller) ..i' ,; -1/ ~-,-3 ~.- .~ -- . '. . " . STANDARDS FOR REAL ESTATE TRANSACTIONS .,. , ,/.., , ...,. ,--. ':'. . 1\-., EVIDENCE OF"TITLE': '( 1) An' :Ih~lr:l<:1 of lill<: pr~Pilrcd or brau'Jhl currcnl :'Y :1 mpllt:1btc nl1c1 cxi~lin<J nb~lr:1cl firm (il 1101 ~xislio(, ll~n cr.rlilil!d :1" com'cl hy '"' uxbUn!) iiI purp(>1tin.J I'J be :111 ,'ccurale SY/IOI)S'5 "I Ihu ill,;I'ul11ol1l', alleclil1\J title 10 HO:1! Pr'>I>urly m.:or,lc\l in Ihe nulJlic meor(ls 01 Ih., counly wl'll:min IIn,\I (>,opl:'rlv is I"lC<lI'ld. lI"oX.)h Elle<:1 Dale '\Old which <.hall comlnellce will\ Ihn e,,,(just plllllle records. or slIch laler (Jalo ;w 1Il:,Y h" CII:;lomary in tllll cOlll1ly. Unon cl<)sil1<j 01 Ihis Ir:",,,",elv)O U\P. "bslmcl sl..,1I beeo Jhl! prOI'I!rly 01 Bvy~r, subjncl 10 lI,e "qhl 01 relenlion Ihmc"f by lirst 1110rtfl:1fJl)e ',IIllil fully fJ:li'l, (:!) ^ lith'! h~3,~~~~ issll<'c1 hy " Florld:l lic"ns~c! hlle illsumr ,~Ircc 10 iS$UO' to Ouyor. lIuon 'ecolclif~1 01 the dl~_~d to Olr/P.'r. :\Il own,~r.s I1Qlicy 01 till,! tn.5Ur.1occ in Jhc nrnuulIl 01 tht) J"llIf(;h;15t.~ PI;t;,.:. in$urino Buyc(os IiUe 10 Rf~:\1 Pr('l\l.:!rty. Sllbrr.cl 0 In liens. ,-,ncurl1hnll'c"", o.ecl1lions ." Clu:llilor.alio,) ~el lorlh in Ihis ClInlr;l,,1 ;m(i Ihoso ",hi,:h ~.h,,1I he dischnr(lccI hy Sell!!r "lor hofom dosiO{J, S!!llcr sh:oll convey :l nmrk.,!" hU~ :'l.uhjcct onlv II") linns. nnc\llnbr.'lllCo~... ~xLepllon-;, or (IU:,fHk:o"l(l"I's ~ct rorth in C()ntr:If~1. 1v1,1rl(cl:lhJc tiUe ~h:lJl 1.\0 d~h!'rminl"t;'1 :,t:colClinq to :lJll>tir.:.hk~ Tin." ~t;u"'.t;url5 ndOIlIt1c1 .'t1'ho"ly 01 rht~ Flond~, O:lr .uu:1 ill .It:l:onl:\nc:c wit" 'aw. lllrj(~r r.11;11I hewo JO d:ty!".. II :J1mtr::tGt. O( 5 (I;ty:;. il til~] cOOlmilmp.r\t. Irom tI.ltf\ 1)1 ff~r:~ivlflq f'!Vid(~rv:n (Jr 11tlo '0 C'x:lIn .1. It hUo i:; l'lU,.1 dllloCIlY<), [llIy"r ~11.IIl, w,lhill ;l d.IYs. .~~llly 0011<,r In wnll',!) ~pl.!(;,lyin{f dn/,":I(sl. II PII.. (iolcr;lls) wn{i"r IIl1.l ul\m:Olk"I;lhlo. S.,l1or w,ll h.,1IU 120 ,I:>ys lrom rf!C1 ot notk;C wilhill which 10 f~:~movo thlJ dcfncl(:.). r~1ilin\J whl.;h nuy"r ~.ll"ll hw^: t111~ "l/lioll 01 4:lIh,)r "-:1r.:c,~plir\IJ tlte tilll': ;I~ II tl1PIl IS t}r dcm;1I1dllll:1 ;, 'ehll,d ,)r flt-pt\~II(sl I',;ulf wh sh...1I imlnt'!(h",lcly h-: rcturnl1d IQ fjl.r/l':r. th(~relJl,(,'lIl llll\..~r ;Ind Sl~lIl:::r ~;h.llf rl1fcas.l~ Ol'~n nrl(,rr1l~r 0' ,all furthc.:" oIJII.vlt;on:o;. under Ih(~ Coulr..lc1. Sl..!'lIcr will. ., title IS fOUllll unm.lrkct.al \I'"..c (/""'/I.ml c/lOTl 10 cormcl dole.;l(s) III lillo wlllllll U'l! III"" provldl!d 1""r"lor, IIICludlll!) I"" IJru~Jillg 01 ,,(:cess.,ry ~uils. I3-l'lJnell..::n: ["Oil~, IVIUh I C.llvo..:, ~LCUr.tT, "ORCU,u."tff--'fO-!)[-t:!: ,. . tilt.! t,:vf~ll QI ej.'!I..Jl.dl I' :'1 flrsl 1ll,'r(')~I')C' ;Ind ;t 15 el.,., CjfiICf.: flcrilxJ 11 ,I :-il.'f;ono:J ',I'. 11.!~~;,'..!r mQrtiJ:IOI'): s.h.:ttl pr('lvifl"1 fnr ""hi ("It .""" ,.. , ~ f,;.U \\'IIII",.ut 1)I!O;\ll\': ~I I....)t r",,-rnul aCI:(.oIt.~1 ;.111)1' I&Jr i'lh:!'r.}:;.1 .ld,u:jlll1unt in l:!-v,~1l1 01 ru:)(.,lc 1)1 :~t~',,11 J"'rQpnrlv: __h.:'\lI r,"" II' 'I' . .,.. .~ ,~. II J' ...111....:... tv 1)0 k':'I)1 in tJood $1';:II'\di,'\J ..1(1(' l,)(hld lU':'It'hl,,:.llll of Of fuhJre t\dv..\I'\t:~'). IJnd:....( Ilfll" fl1t)rlt]",I')fJ{sJ: .'1"" fh.:l. fll''\rl''f.~'. .f 'J (")".."1"\)')111 ~11.,1I I)C oll'l~rWlsf1 111 rl)fJll .",oj .'':''nlcl1t n.)l:Il.tir.a(ll;ty SC"II(~r; but S~II~f "'.':IV on",' r~t cf.:n.l~es i;u:,;.lOIll..,rlly f')lU101 III "'......,...,. .,. IJ ;.:~. "lid "';1~t:lIntv :1,]nJC'ml~nt.;. 9(H"~r"',1I'J 1I1iIil~(1 by ~h'1/il""J .,n(l 10.\" il1~littlti.)I1), f)f ~t..'If' or n.,lif')n..l[ b.:"''''.'i (.')0:.,1.,.; In Ih~ ';.)f.' whi:(f!in R'''.,l r''' . ..,''':\. All PIJrson"ltv .\1"'" ft]d"i'~'i tJf1inq .;orlvnYI!(J f}r ..).;'<;k"t'l~d wiH. .." S~J1er.s ()plion. 1)1) $u\)j'.:..;1 t.) Ille Ij~1l uf .., security .:'ItJracm~nl f~vIJcn":f!d by I't~ct)r( , ' ~ c. SURVEY: Buyer. ,,' BuyOf'S 11...cnf~ncs.~. wilhin ti"'f~ .1UI)VlI1d to dt~livcr l~vi<lt~I1Cl"! c)f lil1(~ ;'ll'd 11..-- t~;O(.:lIllin~ 5:'1I11C. m:\y h~v(! 111,.,r Pfo,~r!v ;Cj'Jrv.,v,~,:J .aflI1 c,..(lifi'~d by :l re<J'~tC'r~ ~104 surVi)'I"r. Ir survey 'SlltlWS cncrO.:1~hnuml on neilJ PrOJ)':~' Iy or 111,,11 imJ)ruvl:rn'.!llts t,),:..,I.~<1 0111=-1.1:11 PI'I)pcrly .)Il,;rO':lch 0" ~C'tlJ,'I:.k linfJ~. CJ::.t1I1lC"15. Luxls of ollltJr::t. or vlt)lat~ :..ny rcslriclw: Conlracl cQVe,',1nl$ or .lpn1x:able <;)ov~rnmenl.,1 1'C<J'JI"li.)n, tile 5al110 :;11:'" con:;htllll) a litlo (Ielect. 0, TERMITES: Olr/er, :ll aU'/er's expense. within lime ;11Iowed II) dl1liver cviden,;.! 01 tille .'11." 10 'JK.'miJl~ s."l1e, m.1Y h"ve R,'.,I Properly illspp.cled by :I Florid., C.!rlilied Pe'>! Co.' Oporalar 10 dl:!'lernliM if there is .:UlY viSIble ..1CtiVC It)rmitlJ i"tl~:;l(ltion or vi5tblO 1})I.l':",liI19 d.llll,,'f.I;~ (rom 1l1f1nile inll:$IJtiQn in tile imprvvements. U either or 1.)1)111 "\r.~ fOllnd. BJYPr h~lV(: 4 days rrom <IClle ot written Iv>ticc th.:?rcof. wilhil' wl1il:h te) h~v(! ;\11 d.:un')'J')5. whotht~" vi:sibk! or not. il1:;pf?c!':!'I:1 .and C.s,inJ.l1ed by &1 hccnsp.d lJuikJ(!-r or (JP.n~r.,1 conlr~lc:tor. 54 51\.-111 1J.1y v..,Hd costs of lfe,:\Lm,)nt ,1nd n:'!l>,lir 1)1 oft d~lm.:\rJe uil to 2'Y.. of pllrch..,:,>,;! priGQ. ShQlII(l 5l.h::h ct)~ls ~x.-;oc(1 Ih~11 .3l1vJI.lnl. Ot.r/I-:( $1\:1I1 h.1"t1' the ollti.,n 01 r,.1ncol1illt] Cont WllIllIl 5 d~ys .altar n.:cci,)t 01 CI)ll1r.l\;.tor's r~():Iir ~s.IUl1.Jtl)~ hy ~Iivinl] wntten ttOll,>) to :~(jll(!( 1)( Goyer m:JY elect It) r>roc~t1tJ wilh the 1riolll:l.:1c\iol1. ill which eV~llt ~r !lj.h~ln r'!~ 3 Cftldal .at clO'i"l!J or ....'1 ~lllounl ~qutll to the tol~llof Iht.! lre;,tmCIlt ;:\I)(J rDP,:,ir t~:"~lilllZ\l~ nol ii' CXC(:5"i 01 2'Yo 01 lhe pllr(:IKl~') pric~. "rcrmite:;'- ~hall be d~cll1cd to lI1Ctud.) ,,11 w deslroyilV,l or~pllisms required 10 be reported ulldor 1110 Florida Pest COllt,'ol Acl. E. tNGRESS AND ECRESS: Scll.)r VI.""",t" ,,,,er repr,)scllls lhat thore is ir1<Jr,J!;5 alld r:r)rlJSS 10 Ihe Re:ll Pr.)porly sul!icicllt I..,r lllc illl<:lIld'ld use as descnb'!d ill Para'Jranh VII MI hlle 10 whio;h i:; in ar.c'Jrd"nce witll SI."Id"rd A. F--1 E^<<;~"" ... 11., ....11..,11. IIv\ hJ:..;.. d..uI 1,S ...1..,.... L J.~n. 11 ni'':I.--f I. j ."'''',1 .. ()f the 1111lal\t's r~cupJ'lCy, rCflf.tll r.ah)s. ;Idv:1nc~d ft]ll! ';!IlJ :';(J-:urily depusits p\lid hy I(m:ml. II ~i"'III'\r jo; 111l:lhl." t,'. ,.A'.' ....~. 1.:1 .na. Iho ~..ll1le Infonn.:lltOll sh:ll Il.Inlls.lv~..1 hy ~t'll"r 1."'\ 111' n ,.' . .. . ~ l". ..... . '.'1 111,1"1 It..:I''':,lll':1 t;\JlJt...~1 t'~I"lIlt:s 14) con (ifill such iltlorm~12it)1l. Seller .'Sh~". .&11 clt)~ G. LIENS: $l?II,~r 5h"II furnish 10 Bwer at time 01 el.)"in.) an affi(bvil .,1l05IiwJ to tho :l1>",)n.:,). unl.)ss oll'~'rVli~e nro)"id.)f\ lor h~min. of :lnY fin,,,,r;i.YJ :;1.)I')II'1('nls. cbims 01 liO>I 1)I)h')fl1!t111 l;..:no(s kn.)wn 10 S.~lI,:!r .In..:l 11IrU'~r :\tll~~1iI\o) lIlat thQrt1 hClVtl hC'f}n "1) iJllI)ft'V(~mflnts Or 1'I~I)ai(:J tt' Pn)J}'J'rly Iflr 90 (/::Ws ;mll1,.)ui.,SoJy IVCccdu\9 ll.ltt"~ l'll .-:l.)'"iilv,. If PfOl) h..l:'i bcun nnpr,)Vr1d. l)( rop..lm;'fJ within Ih4.'11 time. Solh1r Sh..111 dl!livof r')"~.\~(1S or w,1ivors of 1ll0Gh:tJlIl:~' liens (!xt1r;lItl~d Ily ;tlllJ.~I\o.,r;)t ,-:l)lltral~I.)r~. s"'lbcol\tr~lcl(,)rs. ~ur..lIi...~".~. ;u....J m:\'t!n~'1 ill olddilion II) SoJllcr's Ii~n alliclavil SI)lIill<J forlh 1I1n lIallln:; 01 all such <Jcn.)ral eOlllr".;I,)rs, ,sul)conlr:lclors, supploers :lIKIIll"leri"ltll.m .,n(/ lurlh..,>r allirmilly Ihal ..II cl'.lrges lor ionflrovem or re\>.lirs whi..:h could scrve <IS .1 lJ.lsis for ,] 1ll0Chillllc';;'liell or " cl.lilll lor d"'lw'}):; hav<l I)een p,uoJ I)r will bo p"id al elOSil~J, H. PLACE OF CLOSING: Closin<J sh.lll be held in lhe c';unl,! whero Roal Properl'! i~, I')c,'to~d, :It lhe ollice or the aUornsy or olher c1osi"'J agont designated by Seller. i. TIME: TIn'll: is ot Ihe cssence .)1 lI,is Conlracl. Tim~ p.)riocls herein of I.),;s 111M G (lays shall in Ihe ~o"'plltali.)n ~xclllda Saturdays, Sundays and st..lle or n.,rional 'll9al holle .lnoJ any lime p.)riod provklod lor Ilorcin whk:h shall elld .)11 ::;"lur..lay. SUlld.1Y or 1:!9;llhol1diIY shall exlO}lld 10 ~,OO p.m. 01 Ihe next blls;ness d:lY. .I. DOCUMENTS FOR CLOSING: Seller sh.,1I furnish deed, bill or sale. mechanic's Iip.n nrrid:lvil, aS$ignlllent:; of le.)scs. lenant ,1I~j morlgagee esloppel teUers. <l11d corrective inslrunll l3l.ryer Sh.llllurni:.h closing 51.llemenl. 1ll0rlgJ<;)e, morl\l.,\),! rlOle. 5ecllrity a'Jreelllenl. and lillancil~J :;t"Iemenls. K. EXPENSES: Oocum~nl."y slalllp$ on the dl).)d :In,:! recoJrdin'J corrective instruments sh.:1I1 1)'1 paid by Seller. Ol)Clllncnl.\rY st:)lllpS. inl.lIl'.Jible lax and recordin,! purch.)se nl<: /llOl'tg:\ge to Seller. deed and fin:lncing slalemenls shall be p"k1by Ouyer. L PRORATIONS: CREDITS: T.,xes, <lss~ssmenls, r.)nt. inlore~l. insur:onr;l) and .)II\o)r eKp"ns.):; and (l)venue of Propp.rly sh"lI I>~ pror:>led tllrouo'Jh d<1V b<'.'lore clo:;i/"1, Buy'?r Sh.11l " 1ho option o( 1.'kinq ov('!r :lIlV cx;-sting OOlicifJS (l( in~l.Ir..11lr;e. jf n-;.';lIIn:'lhJc, in wllidl nv~nl J)(t)mium"i sh:\lI b..~ prori.1t,~(I. CaSh ill clf')si,.\tJ sh;tll bl'! inCrp:l5Cd o.r dt:~cr~o"l$rn1 "'i may reQUired hy pror:l/oons. Prorations will be nmdo thrOl"Jh (J:>y prior 10 occlJp.",cy if .)o:r;lIp,,,,cy OCI;'.Irs belom clo):;ill\l. Nlv.11~;.! renl :>nd snclJrity ((.!posils will be cre<lilP.d 10 Ou~r I)SCfOW doPtJsits held by mor1g"D-:~'''! will be creJditcu to Sellcr. Ti.1X05 sh.nlJ be prof:l!f)(l b:l:j,f~d (J'l Ih,~ I;urrm,t y,~.1f'$ tax with r1u.! nnc)W~"lncn nt:'ldp. ff)f m:udmum .,1Iow:\btc- OIS~(, horneste~d and oU\C'r exemption:),. II closing occurs al :'I (1;lt~ when the ClInonl y(},l(:; null~'hJ':! i:; not lixlJd. ~"lnd currelll YI~.'''.5 .,ss"~~~mm\1 is ~v:\il:lh"'!, t"xes WIU be 'lft)ratoo b,(l UllOO SUCh ,HssessmtJl\t al'l(1 Ihl.l' prior yotlr's 0"U(191'. It curronl Yf).:1(.s ass'JSStnenl i5 not .lV;lill10Ju-. Ih~n 1~1XCS will h~ pr,)r~'lt1J Oil tht) pri..)r y'~,lr's t.')I(. H tho,.., .1r~ ct)mr~letPd il1lf)l'"(W~I1'\l 011 Re.ll Properly by JanU:lry Isl 01 ye.lr 01 c1osil1<) wllich ill1provCllIellllS WI)re .110t in e....islollc;l! 011 J.lnuary Isl 01 Ihe prior y.)"r then 1,lxes sh,,1I bc pror:olcd b.,sed uuon lhl! r: ve~"s .niUage Clnd .11 an CQuilalJle ..lsscssment to be ;lrJrcnd upon bcIWt~t)n Ihe p:lrrll.'~S. t(lilitl'J which. r'~(t'.JI.,}$1 will I.:J~ Ill:\dc 10 lh~.l County p(t)Pcrly Appr;ti$e'r lor an tnlorm.ll (lS$I)SSn 'c1k.ng inlo cOllsldef~t10tl :\v....il~'bIC e)u~l\lr)tiol1s. AllY 1~nt fllt,'lratit)11 based on L\1l c$limt.ltc IlhlY. 1:11 rcqt.lt~st Df eithor Ouyer or Soller. bc subscQuonUy rC~llJjustt:d upon r~cclpt of l..l)( on condilion lh~t ..\ st.Jt~mcnt 10 Ih~llJllt)cl b ill t11tJ clo~inv sl.\tcmclll. M. SPECIAL ASSESSMENT LIENS: Corlili'ld. confirlllor! :>nd r:otiticd speebl ,'Sc,n55IllCllt lip.n3 :>s 01 dalc 01 c1osillO I""d nol ;IS 01 ElIeclivn Dalp.) arc 10 he p.,kl by S.)lI01r. Pel) lip.n'S ilS of d:lle or closinq sh;.11 1Jf} ,1"iSUtll(H.J hy Ot.ly'~r. If tho ill1proVt]mcnl h..1:; bP'Wl .fJ1I1Jst."'li~lIy (:ol1lpleh~d ;1$ of ErrfJctivc D.lle. slIch 1}'~l1di"o.J "t)n sh~,IIl>e ('ollsidtJ'IeU ~s cerli confirmed or ratifit-:d ~nd Seiter shaft. al clvsin<J. UC c:;halt]c<l en) cJJn.)unJ l.'qu~)110 th,:! 1..l::~1 .~:;tllnaltJ 01 ~':)st1$sn\elll fl)r lhe il1\prl)v~lllul1t by tho public baxJy. , . oJ.... ~ ~~ . ~ ... . (10 not h<lvc <lny VI~IOLE EVIDENCE or lenks or W.llt,.. rl:lllla'll! :lll'] lhal Ih,) s')ptic 1;l1lk, pool. "llllt:tjIJr ,'PJlli:Ult;cs. he.,IIIl<;I, /';oohn'l, ,,1o'''Iroe:'lt , ,,'0, II..I.;h",,"y ;n WORKING CONDITJON. Ouyer IllC\Y. .'"\1 UIIYf~"S "XPI~Il"'f), h.wl) inSPl".!t:tioIl5 m.ldc~ 01 11)1)')1) it.~llls by ;111 tlPP'11prial....ty nO'll 1I~1~;1)1l tl'~alinCJ In Ill" -:'I)no;(ruchon. rell:li m.lintl.!n~ncll or 1I'105C itl)Ol-; illl(J sh:lll (l~pl)rt III writinfJ In ::;'(.:llt"~r ~1.JI~h lh11ll~ tl1:11 (it) nelt Ill"'nt fh.-' :lb'I\'" .' , '~.1 l.f rld,!I;I') r(J'J,~rh""r wtlh H~ c'.I"i1 (,r ~.)rr,...dll'''J II~",. !lr.... Ouyer's OCCUfl..,tlCY <)r nol J,~ss th.11l JO flays priOI to r.lil~illq. wl1iclllJvcr QCCtlr.t; fi,...I. I . 11!(lI.IIIS ~,IICh <I~fed~ wilhin Ih;'\1 limn fJl.ly~r 5h:111 bn d"'C'm~r1 ,,, h:1YC W:l1Vf'!fJ ~1 w.:1rfnnlil.!'s as to dclp.cts no1 rcpt)rlc'J. It I"t.!p.lirs or n~fll~Ir:~m"'''1 . . ,"': 0r ~;Ili\ll !J('IV lIll II) ~l'i'.. of till"! plJ,ch:v;c pnr,l~ IOf ~,,~h rl1'f),'tr.~ or r"".>J~,.;p.nlf!'nl"i hy ;\11 .:'111111'01)(1. FL)rid.l hcm's,~d person ~c1(!t;h.?r1 by :y.llf!'f. It J ~, ;~IC \ 1l!llo1lrs or ..'~pl,,-1C(.mlml c)(cO'C!'('I~ :,l"/q of t1')(~ 1)l.lrl:h;,\~il" pric.~. UllYI~r or S(!]!t!( m.lY p.to'cl III (lay C)11o:h e)l"r.:~5"i. l..ldin.'J Yo ''!'llher p...,rty may c:"y;,..1 tl .~ ,.>l.'Um I~ unabh! to cI)rrecl Ihe (Ir~lcct$ prior 10 c14)!iin'l. IhlJ cost thcnH)r ~;h;1t1 ht~ p.1id lilt.) (!scro\V "r Clo:;."...]. $~JJ~r wdJ. uI)Qn rc.l";OI' 1\l)1Ir::"'. prl .;1 !:,.1~IVI';~ le)r (n:'jr>(~.-:tio."s. D"Jhv(1r:oll ElJndiYl~ D:tll!' .1I1d lht~ dr):,;u\lJ. ::;1!J1~r 5hallll1;_11l1t:tin PII)fJt1rty int";h.ldm., hill nor hrntl.~tl In IIV!' 1.1V11l :lfvt "lhruhh,",.v. ill 11'1"'" r.'lIY I ' '1.'''''"11 nl.lilliln ' .,. ' 1;\\.1, o. RISK OF LOSS: II Ihi1 PrQpnrly i"') c"t..'m~,q'l(1 by fir~ t,r othor r..:t:c;.u.aHV h~CI'((! l:.r()~itYJ ,-:uld ';1)$1 t")l reo;!,1r:.lif)t'l oo~') llf)J (})(Ct)'fHI :1'";., o( 111P. a-;':)."~5~11 v:\III:'lhOIl of U~ p'I")f"l~r' ,.'~'m:1f)~(J. cosl 01 (I~5lor:'llion Sht1111:)I~ an ollliqati')1) 01 Ih~ ~(~t\f!r :tne! ,-;IO'iinq 51\,111 lln)GI~cd ptJI50.,nt tf) thl1 h~rm'i or C'llllf.,.-:( with rf'!'slor;t{ioll C')~101j, C5c:rowl",-1 .11 d()oe;int'l. If II~ of rostorC\1ton cl\cl.!'ed~ 3"J.. 01 thtl ~~"''1:s:Sl!d vrtltlat~)tl of Iht..! ul\pr')vlJlllt~n15 ~l') d.lmW;I'Jd. CJlIy.~r 'ill;1Il h:lvo till? Or/HOtl vI tJilh,:.r l;d\jng PrOlJorty &1S is. togelher With clther tile :J JUY insurance (JlOCl:ctJs pily.'bh) by VII tue 01 S\.1~;h 1\)55 Qf d.am;,'tJ'':, or of l:'illlccllin\) C'Jlllr;'lct t1lll.lltJCUIVlIVJ return ()f (lfJPQsit(s). P. PROCEEDS OF SALE; CLOSING PROCEDUnE: Th'l <iced :;h,)1I be rccordlld 111'011 clear"n,:.) 0)1 lunds, II al>slr.,ct. cVlderv:e or lille sh:oll be conlinup.d :>1 Buyer's ('xI)l'nSp. In ' hUe in Guyer. without ..\I\Y ('!llo:umhrt.\llCf:!S or ch"'I\IJ'~ whif:h wOllld render Selll""',-; lin..) wlln;lIkl~l:\btl1 (rOI11 th('! d,1tl~ or \hl1 1.,",1 (Ovitl('!llI;O. Pft)cef~d<; t)f the sfll,,! sh.dl h," hek.1 III ~~ by Seller's attornny or bv ::il.lCh other mulll.1l1y acccpt:lhlc fJSCrOW ;t']'~nl fClI. ~, pl~nt)d of !lot )t)llt)or lh;m G (li1YS fro", :\1,,'1 :lflf!r dQSil19 <1.1111, II $~JtI:!,(S (ith? 1$ f~lyj(!r('<f unm:trke IhrWjh no lal.lll 01 Ouy.)r. Buy.)r $h.lll, wllhlll tll,) 5 "..,y I)!!nod, nolify Sillier ill wlillnq 01 111/) {i,)le':1 ; Ill'! SI)ller ~h"ll h.w" 30 (),ws Ir')11\ d..IO) 01 receipl 01 such '~)tllic:ltlon 10 Ih.) deleel. II $l?1I1'r 1,"15 10 timely cl.lm Ih,) ,Ioleel. aU oj"po';ll(:;) $h.,II, upon writl.m d'JIIKlnd by nu}"" :l1\(1 wilhill 5 (bys :lll..r d.'llI"n'), h,) rl!lurncd 10 [kr/er :>.~l $IIl111ll"'''Kll,sly such ,rep.,yml:'nl. Ouycr :;h,,1I /elurn l'or:;OIl.llty "lid v"c"l,! RlJ:l1 Properly :\Ild ,,'collvey iI II) f;",n.!r hy spoci,,1 w<lrr;mly dc.)cJ. II OIP/N I.,ils 10 Illakp. limnly dp.m~n<'J lor relund. I ~!kln lake tiUe as is. waivinq ,llU rights ,1qain:it S~lk~r ;15 \Q allY il"lh~(vonil"'J dor.~ct 1~)(CtJfJt :\$ 1ll.1Y bo <<v:\il.lb\c It) Guyer h'l virtuTJ of w.1rr.lllliC5 contained i.n ,Ih~ dc~d. If a 1)1 1:.1 Ihl! purch:t5Co pricl! 15 10 be t:!eriv.?d Ifl)nl in~litut~)n(l1 (j1l:lI1f;il'Q O( fl!fin..11lr.in(J. rt~ql.lir(!'m'~nt:; or tho I~ndinq insWulit)tl ~l') I,) pl..l';'!. limn ,)1 day ;)nd proce(lurf!~ fot c11)si'YJ. itl" d,slJ'Jrsemclll 01 1l1l'1'1t1.1go prOGlJerl" !;lmlJ cOlllml over conlr.,ry provi'lion ill Ihi,; Contract. :)1!lIer o;h.'11I II.we lile ri91'1 1<) ml1l.1ir'~ ['Olll the 10'1,1(\1119 in,;litulion OJ writlo~n cl)tllonilmnn' il WIll nol w,lhl))ld rlic,(JUrsement 01 morlu:o')O pr.>coe..I,; <15 :l r,!'.III1 or :lIlY hll.) (1.)I,)c1 ;lUribut:ll>le 10 8tlyer.morl'JJ']or. Till! <,lScrow Jnd d)$i'~J prOGeQu(l) ("'WIred by tlli:; S\<1 Ill':'Y be wilivcd d hUe 4.ll)(:nf iI\5urf~:) <tdvcrst) 1ll"llcr~ pUrSI.lillll h) St}clion G~ 7.7 O't I. F .S. ( 1!J:J 7), :l'l ('lmt~lldcd. 0, ESCROW: Any e$crow ,")Ollt (",1Vj""1") ml~o)ivin(J fund" or Ilq"iv,)!enl i5 :l'.I1h",il.~r1 :Olld "'Jr.)I')$ hy acr.eplanr;/) 01 Ih'~1ll I,) rkmo5il Ihem promptly, holrj $.)onl~ ill e~,er.)w ;'lI~:f, 0;' t,) de.lr..lI'lCu. di"j,bur~t1 thum ill nt:,,;oll..lJ,n...;C' with terlll5 :lI1d con(.IItiolls or COlllr..,.;!. F..lllurl~ 1)[ c!t!.l(,lth.;e 01 lUlld:; .sllJU nut cX'::U:;:! tJuy:-~r':> p~..lonno:\llCC. " in (">uht .,:; to A'r~nrs 4 {)( li.:l!Jilifics un(r.~r tilt} J)rovis.tl",\S I)f Cl)ntr.\c;t. ^,~l~nt m;lY. ...,1 .'\1:1::!I)l"s tJp1i')ll. ,~,)nlil\ue tl) ht)Id Ih:~ $uIJ1~ct 1ll.'lt1cr I)f Illn e5l:n)'N unltl Ill:! p::trli05 lllutU.ltly ;'lq"')~ It) ".j dlo;ll\.lr:';,~ or unlil .' jud')lll~nl 01 a court .)1 cOmi>~lo)nl juri:;dlction 5h.)1I (lehJrmine Ihrl riqhl:; of the i>"rJie~ '1-' ^l1nl11 111::1,/ (I'm()!;il v"th Ih<~ r:1:!rk o)J Ih:! circuil courl h"vi,'9 jurislji.~I.)n . ,Ji~j1>uh~. UPQIl fl,)~jlyill'J ~)1I ()..lrl'~.') .=,)l'tt;:~"'1"d '" :j.l.Il~11 :lc!ioll: ~n li.'JhiIHy on till:! p.lrt 1)1 ^I]~nl ~jh~1I h.llly 1t-."rll1il'..lt:~" 1~)(I;t~pl 10 th'~ ,~xl:Jnl l)f ..\I;t;I)lJntw"J luf .~lV iI~Ill:j, ""!VIl)u~ly d~1 I)lJl .)1 e:o;crt)w. If ..' li,:"~l't;'f"!d 1"1;,1' e.)t..lt~ briJk:11'. ..\l}~l\: will comply with pn)vl$it)/):) 1)1 GI'.'pl,~r '11~). j:'.::;. (l~):JT). .).~. ~.un::!l1d:~d. .'\I1Y :;uil h:!lw;!:;-f1 ellVt~( and S,JJ~r.\.J111~n~ ..t\'J:~nl to; ..I I>Jrty because 1)( .actin.] .l.; A'J:!ul ht~n!lJnd".r. .)t' in ..lilY sui I Vlhl)fo)jn A'J')f)l i"l~rplt1;Jds thl! ~l.lbj:~I;l 1l1..1UI3I' 1)( tit;"! I~!jl;n)w. A.J:~l1l ~)lli.11l r~i,I)V:)f (~..\:C;Orlolot~ C\th)nl~~Y'S (Qt-Js and Itll:llfftl(j with lhl~ r(~:!S and 1:1)")t5 h) h.~ c:h."'J,~d ;1nd .)~~C;io">I~(J ..'~ court ,-:,,:;1:; in t,wQr 1)1 UK~ pr:w..\itill(f p..1rtv. ::',,,Ii~"i "I)r::!';~ til;.,t .t\9~fl: ~h:111 I\o.)f be lit:lbt!! I"; ~1I1y P~.l,.ty Qr , for mi:;.dchv,~ry l., 31.lYl.!'( <)r ~:~1fI" of IC~Il1:> S\l!)t:!~t to HI;:; f~.";.:n)w. utll~}:;;t) 51.Jt:h Il1j.sd:)Jjv:~ry i~ dw:! to willllll bre.ndll)l Corllrt.lt;l .)r I]ros~ I1t~fJli'JCI1'::) I)f !\'~;)lll. n. ATrORNl::Y Ft:l:S; COS'f$: III .1I1Y lili'J,lli.)1l ;tri';ill.) '.11.11 of Illh Comlr,'.;l, till! "1"W,,ilill'] p.,,'ly ::IKllI hi! ')lltitll!o:l h) r~.:o)wr "~as')lhllJl,~ :,'lIlm")y's fele,; :l'lfJ CO$tS. ~. FAILURE OF PEnFORMANCE: II O',ryl'r I"il,; I.) p,~d"f111 Ihi,; C')lllr,l.;1 within Ill.. 1""I! $PI)Ci/i,,>(1 (;n.:Io.l>:lir>J P,'YIlH'"1 .)1 ::>11 .j'>Jl.)~il(s)), lll~ dO!IlI'l$il(sl l'ao'l hy >3',ryo)r Ill,'y bl> r.l 1'",. i)r I()( u~ ,J':'I:")lIU( vI Seth:!'r'~:'i I.l.),."~=td 1I1ll)11 h":f1Jfd.tf,!d (l..1rl1;'''JI~$. r,vn.-;kJ,.!r.i:.lllt)1) f.)r Ih.) .':Xf!.:I.llic)1l I)t Ihj~"i (~')l1tr..1i::t olllld in h.lll ~i:~l1l:-,ml~nl of .';\ny cl.lim:o;; wl\l~n~lIll')I1. 8t.lyp.r ~lnd :iil;tll bt:!, fp.htwet:1 1,1 ~111 Ol)ti'}<ltil)ns. I.u'\o:h:!r COlllr..'I;1: or ::l.;:tr:~r. .1t :-';;.~Ik~r.~ c)ptil)ll. 1l1.lY pr()l-:I}l].j in '~(ll..lily h) :ll\")fl:t1 ~....~lI~:!-r':; ri.Jht.-; _.uRI:}r Ihi.; c.'I,tr.:,,;1. fr. fl)r .:"11),' '-',!,.'~;I)n nth:!r Ih-1,. t.." Scl1\.!r IQ rn..lke S~II~r'~ htlt.!' rn.'r,",.etolhf~ ..l((e( ...litl9:~nt ~~((tJrt. 5eHf!r ';lils. t1~91:.!,;t:; ,)( rt.!lu~~I.)$ II) p:~rfl)rm lhi~ GI)ntract. thoJ 811y.:!r 111..1Y 5~~k Spt:!'cific IJerfollu..lIlt;C Of oft~~1 to rl IJ);.) rt!turtl of 8uy\':";i d~po:.)it(;;.J WllIlt)ut 1I\~"el>y w~\lvilltJ ~ll1Y .\Ctk)l1 tt,)r (J..ltl1,l\l.~$ rU:.)I.d1iu';lllt,)111 :>l)l1OJ"'$ h"~t.\I;;.h. '1'. CONTRACT Nt)T RECORDAOLE: PERSONS OOUND; NOTICE: NI~ilher,lhi~ COlllr.lcl n.)r,al!y Ilolice of iI, $h;lill)l! mcon:/:!oJ ill .,ny pub/i,: rlJ.:ord:.. This CQnlr,1cl 5h.,1I bi,~ illllfu (t) Ch" benelir t)( thl:J f)..Vti,'?!) an.-' 'heir Slh;~e~.';I)(S in lIlh)r.;t~1. Wh~~ntJvcr till) cQnt'.lxt pl),.ll1iI5. $it'IjIJlar sll..lll illcludo plur..'1 .and I)n(} I)enIJt!r :tj,Il;a1l inclwt! .all. Notice 'Jiven I.) the :.lIornl:'Y for allY parly 5halll>l! .)5 olloctive a5 il .)iven I)y or h) Ih,ll p.,rty. tI. CONVEYANCE: 5:~lIer :;h,,1I ':I'lIW.1y till<1 to Rt),)1 Pr.)pcrl'! by sl"tul.)ry w"".,n:'1. /,,)sl,.o.:;, p(lr::;.)",)1 "mrcscnl.l\iW).:; or 91.1:lr.-Ji"n's d.),)I'I, '1.C, ,'I:>Jlmpri.,I.) 10 th,. sl.,I...:; I'll ~(Il1cr, " ')Illy 10 !1l.lllers cl)nl"ill'Jd in p,1r;lfJraph VII .",d th,)S'J I)lherwic,/) aC'~I)pl~d b'l Oll,!or. Per~')IlJlly "h;lll, al folqut}sl 01 Ovyer. b:! h'.,n,;I:un!oJ lJy ,111 .'b$Olule bill of :;ale wilh w..! .)1 tilll!. subjecI ollly to suet, mailer,; :IS may he Olhcrwi:;c providod .I.)r 11C(Cill. V. OTHEn AGREEM!ON TS: No pr;.)r .)r pmsclll al)rcmllenls or (o)pre"'~lllalions sh:)1I IJc hilvjin1) upon Ow.)r or $,111('( uIlI.!:;$ i,,,~ltldeQ in Ihis Contract. No modificalion or clla UI~.Conlr:lCI slwll be valid or bindir'\<] upon Iho parlie:; unloss in wrilinIJ and eX'Jcllled by tl)e parly or parlies inlencl.)d 10 be bou.1d by il. W. V/ARRANTlES: Seller warmnls lh:>l Iherc :Ire no fact:; known I.) Sellcr O1alori:)l/y IlUccling tho valuo 01 Ihe Real Property which arc nol readily ob:;erv.1ble bV Ouyer or 1'-1V1.!' nQl h,)en diCj,~k''iI~(1 tl') Sl r/.:!r. .~. it~' . , ."..t ..... ..- ., , . ADDENDUM ATTACHED TO AND FORMING A PART OF THAT CERTAIN CONTRACT FOR SALE AND PURCHASE BETWEEN JOHN LAMBERT VAN HEZEWYK, ANITA LOUISE VAN HEZEWYK, AS CO-TRUSTEES "SELLER" AND BILL R. WINCHESTER "BUYER". , I ~ '.1 ' 1. Investiqation Period. Buyer shall have sixty (60) days after the Effective Date within which to inspect, examine and otherwise evaluate the Property, to conduct all tests and examinations with respect thereto, and to take such other actions as Buyer may deem reasonably necessary to determine the condition of the Property and i ts acceptability to Buyer (" Investigation Period") . Buyer shall have access to the Property generally for the purpose of conducting such investigations, tests and studies. During the Investigation Period Buyer may among other things, cause appropriate soils and other tests to be made to determine the soil conditions and the approximate amount of muck and other organic material upon the Property and may obtain bids from duly qualified persons and entities to establish the cost of clearing, demucking and filling the Property. Prior to the expiration of the Investigation Period, Buyer shall either give written notice to Seller that Buyer elects to proceed with the acquisition, or, if the investigation results or the property generally are unsatisfactory to Buyer in any respect, to give written notice to Seller that Buyer elects not to acquire the Property, in which case this Contract shall terminate, whereupon the parties shall be released from all other liability to each other and the Earnest Money Deposit, together with any interest accrued thereon shall be' returned to Buyer. Failure of Buyer to give written notice as provided under this subparagraph shall be deemed Buyer's election to terminate this Contract. If Buyer elects to proceed with the acquisition, Buyer shall, prior to expiration of the 60 day period deposit with the Escrow Agent an additional $10,000.00, thereby increasing the Earnest Money Deposit to $20,000.00. The entire earnest money deposit shall be released to Seller upon Sellers execution and delivery to Buyer of a promissory note in the amount of $20,000.00, and a mortgage upon the Property securing repayment of same should Buyer become entitled to a refund of the deposit in accordance with the Contract. Buyer shall execute and deliver a satisfaction of the mortgage. The original promissory note and original satisfaction shall be held in.escrow by Seller's counsel. Buyer may record the original mortgage. Should Buyer forfeit its deposit under the terms of the Contract, Seller's counsel shall record the satisfaction and return the original promissory note to Seller. Should Seller default in its obligations hereunder, Seller's counsel shall deliver the satisfaction of mortgage and original promisso:ry note to Buyer upon demand or interplead and deliver same into the registry of a court of competent jurisdiction. Should the transaction close, Seller's counsel shall return the original promissory note to Seller and the satisfaction to Buyer. (Seller'S note and mortgage shall be I attached here~o as Exhibit " B" . ) \... \ t..) -n\6. ~4.M.. ..f' P' vJ , , b~1 2. Closinq. The Closing of the transaction contemplated by this Contract shall take place on August 30, 1990 ("Closing Date"). TFl',:, ' "I' ';1' 3. Title Evidence. within twenty (20) days after the Effective Date, Seller shall, at Seller's expense, deliver to Buyer a title insurance commitment which complies with the requirements of this Contract, which is issued by a Florida licensed title insurer, agreeing to issue to Buyer, upon the recording of the deed to Buyer, an ALTA-Form B owner's policy of title insurance,' at standard premium rates, in the amount of the purchase price, insuring Buyer'S title to the Property, in accordance with the applicable provisions of Standard "A" on the reverse side of the printed portion of the Contract for Sale and Purchase. '.~' '(I, ~:l ;~r'~: 11.1 t' j . ~ ~ : :' . ~:,. :;' ;. . ~-li<~;;: I:' I:; '."',' ,::0:: " .I . ;' :1 .;, . :< 4. Governmental Approvals. A. Buyer's Intended Use - Zoning. Buyer's obligation to close the transaction contemplated by this Contract is contingent upon Buyers obtainment of the necessary Governmental Approvals, as defined in paragraph C. below, to permit an increase of the density of the Property to 10.9 units to the acre, without condition unacceptable to Buyer. Buyer shall, at its sole cost and expense, pursue, the obtainment of these approvals with due diligence and in good faith, inCluding the payment of all necessary fees and expenses with respect thereto. Buyer may at its sole discretion waive this contingency at any time or agree to accept a lesser increase in density and otherwise proceed to closing in accordance with this contract. B. Governmental Approvals. The term "Government Approvals" as used herein means the final action by applicable governmental authority (and expiration of all applicable appeal periods) permitting the development of the Property at a density of 10.9 units to the acre without condition unacceptable to Buyer. C. Seller's Cooperation. If required by applicable governmental authority, Seller shall consent to Buyer's applications for Governmental Approvals, provided same are made strictly in accordance herewith and are made without liability, cost or expense to Seller, and all applications for Governmental Approvals contemplated hereby shall be filed by Buyer as agent for Seller. Seller shall execute such certificates of agent authority or appointment as may be reasonably required by government authorities in conjunction with the application for Governmental Approvals. D. Period For Obtainment of Governmental Approvals. Should Buyer not have obtained the Governmental Approvals on or before August 30, 1990, then Buyer may cancel this contract. Signed, sealed and delivered in the presence of: rJ-L/f/~~tI- VOHN LAMBERT VAN HEZ YK AS TO SELLER ~~ ~~ d . " '. ~..A'.I?-.,/I/-#~ ' ' v~ ANITA L UISE VAN HEZE K ' AS TO SELLER AS CO-TRUSTEES ( Seller) ~~~ BILL R. INCHESTER AS TO BUYER (Buyer) (Daily\VanHezewyk.lm) -2- I I EXHIBIT "A" Parcell: Tracts 121, 104, 89, Tracts 90, 103 and 122 less the east 260' thereof, all being a portion of Palm Beach Farms Company Plat Number 3, recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County, Florida, less road right of way. Parcel 2: Tracts 71 less the north 60' thereof and less the east 260' thereof, Tracts' 72 lees the north 60' thereof, all being a portion of Palm Beach Farms Company Plat Number 8, recorded in Plat Book 5, Page 73, of the Public Records of Palm Beach County, Florida, less road right of way. , . \. ;:-1,)1;:", :; } ~ I h~ . ! ' . -I'~ . ,;' .' ,