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LEGAL APPROVAL S' CITY of BOYNTON BEACH ~.: .-, .. , 200 N. Seacrest Blvd. Post Office Box 310 Boynton Beach, FL 33435 (407) 738-7490 OFFICE OF THE PLANNING DIRECTOR October 20, 1988 Ms. Anna Cottrell Project Manager Urban Design Studio 2000 Palm Beach Lakes Boulevard Suite 600 West Palm Beach, FL 33409 Re: Melear PUD Master Plan Modification (Unit Type Change) Our file #: 161 Dear Anna: Please be advised that on Tuesday, October 18, 1988 the City Commission made a finding of no substantial change in connection with the referenced request. This matter will now come before the Planning and Zoning Board on Tuesday, November 8, 1988 for a final determination. If you have any questions, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH ~d. CARMEN S. ANNUNZIATO, PLANNING DIRECTOR CSA:ro Attachments cc City Manager, Technical Review Board, Central File . I. " ~ CITY of BOYNTON BEACH @;,..".120E.BOYnton .\.c:;- '\ P. O. Box 310 ", (..~~. Boynton Beach, --~ OFFICE OF THE PLANNING DIRECTOR November 10, 1988 Ms. Anna Cottrell Project Manager Urban Design Studio 2000 Palm Beach Lakes Boulevard Suite 600 West Palm Beach, FL 33409 Re: Melear PUD Master Plan Modification Unit Type Change Our File #: 161 Dear Ms. Cottrell: Please be advised that on Tuesday, November 8, 1988, the Planning and Zoning Board unanimously approved the referenced Master Plan Modification, subject to comments from the Planning Department, a copy of which is attached. If you have any qUl~stions please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH ~:5.. CARMEN S. ANNUNZIATO, AI PLANNING DIRECTOR CSA:ro Attachments cc City Manager, Technical Review Board, Central File September 26, 1988 City of Boynton Beach Planning Department P.O. Box 310 Boynton Beach, FL 33425 ATTN CARMEN ANNUNZIATO, PLANNING DIRECTOR RE MELEAR pun AMENDMENT - OUR REF. # 12888.84 Dear Mr. Annunzia~ I Please accept this letter as our request for an approval of a minor amendment to the Melear PUD Master Plan. This request is made on behalf of the Gene B. Glick Company, Inc., which has entered into a contract to purChase that property generally described as Phases 2 through 5 of the PUD. The purpose of the amendment is to allow a change in housing types (from quadraplexes and condominiums to rental apartments), to increase in the total number of planned single family units, and to modify the phasing schedule. As shown on the revised Master Plan submitted with, this request, these changes are reflected as follows: - All of Phase 4 and a portion of Phase 2, consisting of 37.5 acres, (exclusive of the 1.2 acre recreation area) will be developed for 181 single family homes. These lots will be developed with a minimum of 5,000 square feet per lot; - The balance of Phase 2 and all of Phase 3 will be developed for 492 rental apartments, consisting of 40 percent one-bedroom units, 50 percent tWO-bedroom units and 10 percent three-bedroom units; - The Phasing schedule is modified as shown. Pursuant to our discussion with Jim Golden about this application, we have reviewed the proposed changes to this development with respect to traffic generation and utility service needs. Based on this review, described in the Urban Urban Planning Design landscape Architecture Studio Graphic Design 2000 Palm Beach Lakes Boulevard Su~e 600 The Concourse West Palm Beach. Florida 33409-6582 407.689.0066 Bl:12080.043 Stuart. FL Newport Beach. CA 407.283.0022 714.6756658 Carmen Annunziato - Our Ref.# 12080.04 September 26, 1988 Page Two documentation accompanying this application, we have determined that these changes will generate no significant additional impact on public services. We have also determined that the drainage system planned for this development is sufficient and will require virtually no modification to accommodate the development as currently proposed. We plan to be present for the Technical Review Board meeting scheduled for October 4th to discuss this application. In the meantime, if you have any questions or comments about this application, or if you require additional information, please do not hesitate to call us. Thank you for your consideration in this matter. Sincerely, Urban Design Studio ~ Anna Cottrell Project Manager cc: James Bisesi, Vice-President, Gene B. Glick Company, Inc. K.S. ROGERS, CONSULTING ENGINEER, INC. 1495 Forest Hill Boulevard, Suite F West Palm Beach, FL 33406 (407) 964-7300 Prepared By:. ~ZS~:.E' Fla. Reg. No. 24068 September 26, 1988 This site is in the Lake Worth Drainage District and drainage discharge is regulated by that agency. The South Florida Water Management District also has permitting authority for this site. Permits for this project have been issued by both of these agencies. These permits will have to be modified to accommodate the development of the remainder of this project. According to the Master Plan prepared by Urban Design Studio, the development area along with the lake area will stay substantially the same. Thus, no substantial changes in the overall drainage design will be necessary to accommodate these proposed Master Plan changes. The essence of the proposed changes to the Master Plan is the changing of the housing types in Phases II, III & IV. It is proposed to construct 181 single family and 492 apartment units instead of the 77 single family, 273 quadraplex and 323 condominium units previously planned. This office has been retained to prepare a Drainage Statement to address the drainage implications of the proposed revisions to the Master Plan of the Melear PUD. DRAINAGE STATEMENT FOR MELEAR PUD ." I .J UTILITY STATEMENT FOR MELEAR PUD This office has been retained to prepare a Utility Statement to address the implications on the City's water and sewer system which are expected as a result of the proposed revisions to the Master Plan of the Melear PUD. The essence of the proposed changes to the Master Plan is the changing of the housing types in Phases II, III & IV. It is proposed to construct 181 single family and 492 apartment units instead of the 77 single family, 273 quadraplex and 323 condominium units previously planned. The net effect is that there will be 104 more single family homes and 104 fewer multi-family units as a result of the proposed Master Plan. The number of utility equivalent dwelling units for the portion of the Master Plan which is being revised can be calculated as follows: Apartments: 197 1 bedroom x 0.8 EDU = 157.6 246 2 bedroom x 1.2 EDU = 295.2 49 3 bedroom x 1.6 EDU = 78.4 Single-Family 188 3 bedroom x 1.8 EDU = 338.4 TOTAL 869.6 EDU -- ~ ~ #- Adequate water and sewer lines have already been brought to this project. There is a 10 inch water main in Sandalwood Drive. A lift station and force main capable of servicing this project also have been installed. Some adjustments to the lift station pumps may be required for the final phase depending Upon actual flow rates and pump capacity at that point in time. This will be addressed with the Utility Department at such time that the construction plans for the final phase are submitted. Prepared By: I " ~~':E' Fla. Reg. No. 240G8 September 26, 1988 K.S. ROGERS, CONSULTING ENGINEER, INC. 1495 Forest Hill Boulevard, Suite F West Palm Beach, FL 33406 (407) 964-7300 -2- / MEMORANDUM October 10, 1988 . .' TO: CHAIRMAN AND MEMBERS PLANNING AND ZONING BOARD FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR RE: MELEAR PLANNED UNIT DEVELOPMENT MASTER PLAN MonIFICATION-STAFF COMMENTS Please be advised of the planning Department's comments in connection with the above-referenced request for approval of an amended master plan: 1. The Technical Review Board (TRB) recommends that the proposed minimum lot size for the single-family tract (phase three) be increased from 5,000 square feet to 6,000 square feet. The basis for this recommendation is that there are a large number of the 5,000 square foot lots in the planned unit developments in the northwest portion of the City (including the Meadows, Boynton Lakes, Lawrence Grove, citrus Glen, etc.) and it has been the experience of the TRB that ~here these small lot sizes have been approved, there has been a frequency of attempts to further reduce approved set- backs to allow for additional buildable area and amenities (such as screened porches) owing to the initial small lot size. Many of these proposed amendments occur after the homeowner finds that there is not enough room to do the things or enjoy the amenities that the homeowner desires. 2. There is an obligation on behalf of this development to signalize the intersection of Sandalwood Drive and North Congress Avenue. This improvement has not yet been bonded. It is recommended that a bond be posted for this improvement within sixty (60) days of approval of this application. 3. In accordance with Section 9.B of Appendix B, planned Unit Developments, peripheral yards abutting other zoning districts shall be the same as required in the abutting zone. Future site plan or plat submittals should reflect this requirement. 4. Proposed access to phases two, three and four from Sandalwood Drive must be consistent with section 1 of Article X of Appendix C "Subdivisions, Platting" of the City of Boynton Beach Code of Ordinances. 5. At the time of approval of the preliminary plat(s)~for the single-family tract (phase three) a plan must be submitted which specifies the proposed setbacks for each lot, including setbacks for proposed amenities such as swimming pools, spas, and screened enclosures. proposed setbacks should meet or exceed minimum City standards (contact Planning Department for further details) . 6. An appropriate buffer should be incorporated between the single-family lots in phase three and the Miner Road right-of-way. This buffer should be placed in an easement maintained by the homeowner's association. " . . . . " -2- 7. The developer of phase three should also consider the construction of a buffer between the lots adjacent to the west property boundary and the City's water storage facility. 8. Any proposed signs or recreation areas will require future site plan approval. , C~:N S. ANN~ZIA~.........::z CSA:ro cc Anna Cottrell Central File MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 21, 1994 - to approve Pro he motion, whic Resolution N~. ~aY~1 0 - rried 4-0. ~-.v... ", 4. Proposed Resolution No. R94-10S Re: Accept Agreement Between the City of Boynton 8each and the Gene B. Glick Company Regarding Construction of Miner Road .J?~~ ~~ PVvD City Attorney Cherof read Proposed Resolution No. R94-105 by title only. ~f>~ Motion Commissioner Aguila moved to approve Proposed Resolution No. R94-105. Mayor Pro Tem Bradley seconded the motion. City Attorney Cherof commented that this is a continuation of the major effort to build Miner Road. He asked the Commission to conditionally approve the Glick agreement because we still do not have the Kno11wood agreement worked out. Mayor Harmening stated that he will not sign the agreement until such time as City Attorney Cherof signs it. City Attorney Cherof pointed out that one provi- sion of the Glick agreement has changed (paragraph 7). It was earlier contem- plated that some of the material that was going to be excavated to create the retention pond would be used for the preparation for the road base. Tne prop- erty owner does not want that material removed from the Glick property. According to Rossi & Malavasi, it is going to cost approximately $B,400 to replace that f111 material, assuming it is necessary to use it. The agreement reflects that we are not going to remove it from the property. Mayor Harmening pointed out that the agreement also reflects that if they do not get the impact fee credit, then it is a dead duck. City Attorney Cherof confirmed this. The motion was amended to approve Proposed Resolution No. R94-105, subject to the City Attorney's review and signature of the agreement. The motion carried 4-0. 5. Proposed Resolution No. R94-106 Re: Authorize Execution of Addendum Between the City of 80ynton 8each and Meadowood Groves, Inc., and Willard Arnold, Accepting a Corresponding Deed Conveying the Park Site City Attorney Cherof advised that this item should remain on the table, since the survey of the park site has not been done yet. 6. Proposed Resolution No. R94-107 Re: Authorize Execution of Agreement Between the City of Boynton 8each and the Greater 80ynton Beach Chamber of Commerce Regarding a Seafood Festival at the City's 10 Acre Intracoastal Park, September 24 and 25, 1994 City Manager Parker advised that this resolution allows the Chamber of Commerce to use Intracoastal Park and approves the lease agreement. The City already - 33 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA JUNE 21. 1994 approved the use for the 24th and 25th of September. This resolution approves the license agreement between the City and the Chamber of Commerce. In response to Commissioner Katz, City Manager Parker advised that this is the same agreement that the City has had with the Chamber of Commerce every year for this festival. City Attorney Cherof read Proposed Resolution No. R94-107 by title only. Motion Commissioner Aguila moved to approve Proposed Resolution No. R94-107. Commissioner Katz seconded the motion, which carried 4-0. 7. Proposed Resolution No. R94-108 Re: Confinnation of William Hukill as City Engineer This item was dispensed with earlier in the meeting. Mayor Hannening recessed the meeting and immediately convened as the CRA. " 1. Le Agreement Bet rking Spaces , at Mr. Culver a ty Attorney Che as long as Mr. lver has agreed t?_the rney. Mayor H ening added tha ed on the con ation of the p !" D. Other ommissioner Aguil ad no objection stipulations rai ~ by the City A tional licens ould be condit mente 9 Ms. Hey Planning and ng Departmen ecommends that signs be po d at Two Georg and, based on e specificity the lease agreement whic ties in by all description e location of e leased parking spaces, th those parking aces also be ted with sig e. Mayor Hannening pointed that this is ntrary to the ase agreemen ith the Bank. The lease greement stat that no signs y be placed b Lessee. Commissioner Ag / suggested in porating the s nage if there re no objections from /other parties. Ms. He e City Manag s Office had req ed that we look into is matter to m sure this d solve Two Geor I problem. A Code Enforcement Inspect was sent to site and noted at the parking spaces at Barnett are in ne of restripi In addition, e are ten park g spaces at Two Georges th re nonconfonning. If they w to be restr1pe 0 meet the current ADA requirements, there would be a los of three, bri ng them down to seven at the Two Georges site. Included in the boundarie the lease restric- - 34 - AGREEMENT AGREEMENT made this ____ day of , 1993, by and between the CITY OF BOYNTON BEACH, FLORIDA (hereinafter referred to as "CITY") and GENE B. GLICK COMPANY, INC. (hereinafter referred to as "GLICK"). WHEREAS, GLICK is the owner of a certain parcel of land consisting of approximately 84 acres located within the municipal limits of CITY; and WHEREAS, on January 17, 1984, CITY duly adopted Ordinance No. 83-48 which approved a rezoning of GLICK'S property to Planned Unit Development; and WHEREAS, a condition of approval of Ordinance No. 83-48 was that GLICK was to construct Miner Road across the North frontage of the property; and WHEREAS, in 1988 the CITY approved a modification to the master plan; and WHEREAS, since the rezoning of the property, circumstances have changed pertaining to the roads in the area which require improvement; and WHEREAS, CITY and GLICK desire to amend the conditions of approval for the Planned Unit Development as set forth in Ordinance No. 83-48 concerning roadway improvements and CITY and GLICK further intend that upon GLICK'S compliance with its duties pursuant to this Agreement, GLICK shall be deemed to have commenced development as contemplated by Section 10(c) of Appendix B, Planned Unit Development Code of the City of Boynton Beach thereby vesting 1 , " \ {= GLICK for purposes of this Section. NOW, THEREFORE, in exchange for the mutual covenants expressed herein, the parties agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. Within 10 days of execution of this Agreement by all parties, GLICK shall pay to CITY Seventy-Nine Thousand, One Hundred Twenty-Four and no/lOO ($79,124.00) Dollars to be applied toward design and construction costs of Miner Road with said Dollars to be utilized by CITY as GLICK' S full and complete share of GLICK' S responsibility for the design and construction of Miner Road. CITY agrees to utilize said funds solely for this roadway project. 3. CITY agrees that upon GLICK complying with the provisions , set forth in Paragraph numbered 2 above, GLICK shall be deemed to' \\. ,I have commenced development as contemplated by Section 10 (c) of , , Appendix B of the Planned Unit Development Code of the City of I, I Boynton Beach thereby vesting GLICK for purposes of this Section. 4. Within 10 days of execution of this Agreement by all parties, CITY shall return to GLICK the Subdivision Improvement Bond in the principal amount of Fifty-Four Thousand, One Hundred Twenty-Three and 78/100 nollars ($54,123.78), which bond was posted by GLICK for subdivision improvements for Chalet IV-Plat 1. 5. Wi thin 10. days of execution of this Agreement by all parties, CITY shall return to GLICK the Payment Guaranty Bond in the principal amount of Thirty Thousand nollars ($30,000.00), which bond was posted by GLICK for the signalization at the intersection 2 of Sandalwood Drive I -I., L~ + :'-1~Y!~ ),L<'LL1 ,~V'-7L. ~ ,.~ r) ,I l~/a- ~'/J I ' and congress Avenue, Boynton Beach, Florida. 6. CITY will assist GLICK in obtaining Road/Traffic Impact Fee Credits from Palm Beach County for the money paid by GLICK to CITY as specified in Paragraph numbered 2 above. CITY will adopt a Resolution supporting GLICK'S request for impact fee credits. The payment of the money by GLICK as specified in Paragraph numbered 2 of this Agreement is specifically conditioned upon Glick receiving a credit for the full amount of the money specified in Paragraph numbered 2 of this Agreement in Road/Traffic Impact Fee Credits from Palm Beach County. _Accordingly, if Glick has not received credit for the full amount of the money specified in \_~_"__.____n "._.,__ GLICK Seventy-Nine Thousand, One Hundred ..--- Road/Traffic Impact Fee ------------------ NO 1994, CITY shall pay to 1 Twenty-Four a~-;;-~~;l();;tv~ ~ii~agraph numbered 2 of =-hiS _~?l:'=:,~:,_~_t in Credits from Palm Beach County by April 1, ~------_._-". Dollars ($79,124.00) by May 1, 1994. 7. This Agreement incorporates all terms and conditions negotiated between the parties and may not be amended except by written agreement between the parties. This Agreement constitutes an enforceable agreement between the parties and in the event of an action to enforce this Agreement, the prevailing party shall be entitled to recover attorneys' fees and costs from the party in 3 breach hereof. IN WITNESS WHEREOF the undersigned have set their hands and seals the day and year first above written. CITY OF BOYNTON BEACH By: MAYOR ATTEST: CITY CLERK GENE B. GLICK COMPANY, INC. By: melear.agr 4 RESOLUTION NO. R94-.!3/ " 1'. RESOLUTION OF THE CITY CL.....uSSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH ANn PALM BEACH COUNTY, FOR CONSTRUCTION OF MINOR ROAD; AND PROVInING AN EFFECTIVE DATE. :: Ii WHEREAS, Section 163.01, Florida Statutes, known as the ,,"Florida Inter10cal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by : enabling them to cooperate with other localities on a basis of : mutual advantage and thereby to provide services and facilities ! that will harmonize geographic, economic, population and other i: factors influencing the needs and development of local :, communi ties; and , , " WHEREAS, Part I of Chapter 163, Florida Statutes, permits ,public agencies as defined therein to enter into interlocal 'agreements with each other to jointly exercise any power, ',privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, it is in the best interests of the citizens of Boynton Beach to complete construction of Miner Road as soon as 'possible since it is the most direct access from Boynton Beach ,I Fire Station #3 to certain development projects; and 'I , ij WHEREAS, the City has collected $297,840 in impact fees ',from developers in the vicinity and Fire Station #3 and is willing to contribute that sum towards the design, planning and construction of the missing link of Miner Road; and WHEREAS, the County recognizes it is in the best interest , of the citizens of the county who reside in the area of Boynton Beach Fire Station #3 to complete Miner Road, and therefore, is , willing to undertake construction of the missing link of Miner Road with the City's participation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF " j! THE CITY OF BOYNTON BEACH, FLORInA THAT: II Section 1. The City Commission of the City of Boynton 'i Beach, Florida, does hereby authorize and direct the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton Beach and Palm Beach County for the construction of Miner Road. Section 3. This immediately upon passage. PASSED ANn ADOPTED this -1 Resolution shall take effect day of J?fJ99' , 1994. i I' , FLORIDA i: ATTEST: ,~a-",,~~~,/ Ci Clerk i RESOLUTION NO. R9'-<r0 ~-~ ~.pf.A..D foIlf'H Ct<r;;-g) '1 i' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORInA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND GENE B. GLICK COMPANY, INC., REGARDING THE DESIGN AND CONSTRUCTION OF MINER ROAn; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has reached an agreement : with Gene B. Glick Company, Inc., (GLICK), which Agreement provides 'for GLICK, to pay to the City of Boynton Beach Seventy-Nine ,Thousand, One Hundred Twenty-Four and nol100 ($79,124.00) Dollars : to be applied toward design and construction costs of Miner Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE i CITY OF BOYNTON BEACH, FLORInA, THAT: I, i: I Section 1. The Mayor and City Clerk are hereby authorized I and directed to execute an Agreement between the City of Boynton Beach, Florida and Gene B. Glick Company, Inc., said Agreement : being attached hereto as Exhibit "A". I 'I Section 2. This Resolution " immediately upon passage. I! shall become effective I i PASSED ANn AnOPTEn this ~ day of April, 1994. CITY OF BOYNTON BEACH, FLORIDA C/o-U r(;i / Ii " I, " , , " I I, '! " " 'I I Mayor ~~ Vi Mayor ~ ~ ~LM_ \ r " ATTEST: ff:r~Ck~</?,- Ci Clerk ;! ! I (Corporate Seal) Ii Glick.Agr 1/27/94 RESOLUTION NO. R94 .?/ p<~4 ~fJ~f) Mf'f..1 UCff'V A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORInA, SUPPORTING A REQUEST BY GENE B. GLICK COMPANY, INC., TO PALM BEACH COUNTY FOR ROAD/TRAFFIC IMPACT FEE CREnITS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an "Agreement with Gene B. Glick Company, Inc., wherein Glick will pay "to the City the sum of $79,124, to be applied toward design and :i construction of Miner Road; and , WHEREAS, pursuant to said agreement the City has agreed to assist Glick's request for impact fee credit and has agreed to adopt a resolution supporting that request; and WHEREAS, the terms and conditions of the agreement facilitate the construction of Miner Road and benefit the public; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORInA THAT: Section 1. The City Commission of the City of Boynton Beach does support the request of Gene B. Glick company, Inc., for road/traffic impact fee credits to Palm Beach County. Section 2. ! upon passage. PASSED AND ADOPTED this ~ day of April, 1994. This Resolution shall take effect immediately CITY OF BOYNTON BEACH, FLORIDA ~ kI M, ef ~ A-id~a~ Mayor f/ ~~ d~~. , e Mayor ~ , \ \ I I ',I ATTEST: "~ :i . i, '~A/?b'V/~~.//?/~ I C' Y Clerk 'i (Corporate Seal) i! ,; II ! I Auths ig. doc i Glick. Cty '! 1/28/94