REVIEW COMMENTS
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CITY OF BOYNTON BEACH
DEPARTMENT OF PUBLIC WORKS
Engineering Division
January 17, 2003
Dror Trigger
Project Manager
Dakota Lofts Development Corporation
3010 South Federal Highway
Boynton Beach, Florida 33435
Re: Request for Record Plat Review
DAKOTA LOFfS
City of Boynton Beach
Ref: 1st Plat Review Letter dated 09/13/02
1st Follow-up Response Letter dated 10/02/02
Follow-up Memorandum dated 10/16/02
2nd Plat Review Letter dated 12/20/02
Dear Mr. Trigger-
This Division is in receipt of the third revised proposed record plat noted above, received on January 10,
2003 from your office. Again, we have reviewed this document in accordance with Chapter 177, F.S. (Land
Boundaries) Part I Platting, Chapter 472, F.S. (Land Surveying), and Chapter 61G17-6 F.A.C. (Minimum
Technical Standards) and those applicable codes section relating to the Land Development Regulations of
the City Once all of these items have been addressed, another proposed record plat may be required as a re-
submittal for final review and approval prior to obtaining any (and all) signatories. Only at this point will the
record mylar document of the proposed record plat be submitted for City Commission approval and
acceptance.
Having prefaced the review procedures, we offer the following comments on this submittal. Please note that
we address the responses to the original September 13th comment review letter first, and the December 20th
comments second. Finally, we will delineate any procedural needs required in order to accept the proposed
record plat by the City
ORIGINAL FIRST REVIEW COMMENTS
TITLE SHEET, Sheet 1 of 3
The following (original) comments are sequenced in a plan review clockwise, left to right.
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6480 Fax: (561) 742-6285
Dror Trigger, Dakota Lofts Development Corp.
Re: Dakota Lofts, Request for Record Plat Review
January 17, 2003
Page 2
3 DEDICATION:
a) Responded to.
b) Responded to.
e) In the dedication paragraph for Tract "A", provide documentation that Bamboo Lane is a
public right-of-way east ofU.S, Highway No. I, in order for said Tract to provide legal access
to the lots that this plat will be delineating.
Being Addressed.
h) Responded to.
i) Responded to.
PLAT PAGE, Sheet 3 of3
The following (original) comments are sequenced in the plan review in clockwise order, starting at the upper
left area:
22. Addressed.
SECOND REVIEW COMMENTS
TITLE SHEET, Sheet 1 of 3
The following comments are sequenced in a plan review clockwise, left to right.
25. DEDICATION:
a), b), c), d) & e)
Addressed.
26. Addressed.
27 Addressed.
28. Addressed.
PLAT PAGE, Sheet 3 of3
The following comments are sequenced in the plan review in a clockwise order, starting in the upper left
area.
Dror Trigger, Dakota Lofts Development Corp.
Re: Dakota Lofts, Request for Record Plat Review
January 17, 2003
Page 3
29 Addressed.
30. Addressed.
31 Addressed.
32. Addressed.
33 Addressed.
34. Addressed.
35 Addressed.
36. The issue in regards to Bamboo Lane (and access to the proposed lots within tbis plat) still needs to
be resolved. I refer you to previous Comment #3.e. above asking this same question. The answer
remains the same.
Being Addressed.
After the remaining proposed record plat comments have been addressed and re-submitted to this Division
for another review, once approved, a field review of the required monumentation will be undertaken. To
facilitate this effort, it will be requested of the surveyor-or-record to 'lathe and flag' all monuments and
P C.P.s for validation.
You have made considerable progress on this very difficult plat. I appreciate your efforts. If you have any
questions regarding this matter, please contact the undersigned at telephone number 742-6488.
Respectfully submitted,
va-
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H. David Kelley, Jr., PE
City Engineer
HDK:ck
xc: Jeffery Livergood, PE, Director of Public Works
James Cherof, City Attorney
Lusia Galav, Principal Planner, Planning & Zoning Division
Laurinda Logan, PE, Senior Engineer, Engineering Division
Ken Hall, Plan Reviewer, Engineering Division
File
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DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 03-013
TO:
James Cherof
City Attorney
FROM:
Lindsey A. Payne
Assistant City Attorney
H. David Kelley, Jr., PEIPSM '\;;J//
City Engineer
DATE:
January 16, 2003
REF:
Your Memorandum to Quintus Greene, dated 12110/02
My Memorandum #03-009 to your office, dated 01114/03
RE:
Legal AccesslUtility Issue - Bamboo Lane
Proposed DAKOTA LOFTS Record Plat
Weare in receipt of the latest revised proposed record plat and related documents. In review of the
related documents first, several commentslquestions come to mind, particularly as they relate to the parcel
of land known as Bamboo Lane.
Extracting from Jeffrey A. Levine, P.A.'s letter to you dated December 4,2002, on November 29,2002,
G, A. Homes, Inc., obtained this land via a Quit Claim Deed from Barnett Bank of Winter Park, N.A. (in
their capacity as Successor Co-Trustees of the Robert P Swetman Trust Indenture) for the land known as
Bamboo Lane (see Attachment No.1). In addition, on the same date, G. A. Homes, Inc. obtained this
same land via a Quit Claim Deed from Glenn W Gilson, II & Bank of America as successors in interest
to the Barnett Bank.
From checking other documents cited in Mr. Levine's letter, I also cannot determine if anyone else
(including Palm Beach County) has laid claim to the land known as Bamboo Lane. [However, no one has
paid any property taxes on this land.] Therefore, I must assume this roadway is owned by G, A. Homes,
Inc.
Mr. Gerald L. Knight, Esq., of the Holland & Knight LLP firm, has submitted a proposed Grant of
Easement (a access easement) in favor of Dakota Lofts Development Corporation, but to the exclusion of
those dwellings units located at 810, 815, 816, 817, 820 & 821 Bamboo Lane. [See Attachment No.2.]
Furthermore, Mr Knight also has submitted a proposed Grant of Easement (a utility easement) in favor
of the City Of Boynton Beach, which covers the total parcel of land know as Bamboo Lane. [See
Attachment No.3]
.
Department of Development, Engineering Division Memo No. 03-013
Re: Legal AccesslUtility Issue - Bamboo Lane - Proposed Dakota Lofts Record Plat
January 17, 2003
Page 2
The question is, "Why are these 'Grant of Easements' not covering the same parcel of land?" Staffhas
suggested to the developer that this be declared an "Ingress, Egress and Utility Easement" for all
concerned in the area. I assume that they want our approval of these documents prior to execution of
same, however, I request your response on this issue prior to responding to the developer.
Additionally, we are submitting to you a copy of their proposed "Articles of Incorporation for Dakota
Lofts at Boynton Beach Homeowners Association, Inc. ", a Florida Corporation not for profit, for your
review and concurrence. Again, please advise me of your satisfaction of this document.
I am reviewing their re-submittal of the record plat documents again at this time, but the issue of access
(via the above commentary) needs to be placed on the record plat. I appreciate your assistance in this
matter. The plat issues on this project have been extremely difficult to identify and correct and, as such, I
value your legal counsel to ensure that I proceed in accordance with the law and in the best interests of the
City of Boynton Beach. If you have any questions regarding this matter, please advise me.
HDK/ck
xc: Jeff Livergood, PE, Director of Public Works
Ken Hall, Engineering Plans Analyst
File
S:\Engineering\Kribs\Dakola Lofts Proposed Record Plat - Legal Acess.Utility Issue.doc
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DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 02-206
TO:
Jim Cherof
City Attorney /
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H. David Kelley, Jr , PEIPSM )()
City Engineer
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FROM
DATE.
October 16, 2002
REF
Our Letter to "Press" Tompkins, Jr , dated 09/13/02
RE.
RECORD PLAT REVIEW
DAKOTA LOFTS
City of Boynton Beach
This memorandum is a follow-up to our telecon last Friday, October 11th, with regards to this
proposed PUD having access to a public right-of-way
Pursuant to Florida Statutes (applicable citations attached), the "plat" has to be in compliance
with all applicable sections of Chapter 177 F S and any local ordinances. The definition of a
subdivision comes into playas they are creating some 19 lots as a part of a PUD
Pursuant to our LDR (Part III of the CODE), Chapter 5 (Platting), Article V, Section 1.D 3.
(excerpt attached) private streets are permitted within the proposed record plat, but it must
connect to a public right-of-way as a means of access. The point of access is defined in
Chapter 6 (Required Improvements), Article IV, Section 1 A 1 (excerpt attached) which states
that the access point must be at least 30 feet from the intersection of rioht-of-way lines. Their
proposed Tract "A" does not comply with this, even if you determine that Bamboo Lane is an un-
recorded 30-foot right-of-way as purported on their proposed record plat. [I refer you to my
previous memorandum in regards to Virginia Gardens Drive and its legal status, dated March
30, 1998 (attached). I also note that the Swetman unfiled plat cannot be authenticated with the
Palm Beach County Property Appraiser's Office.] In addition to this is our Code section (#7) that
states that all lots shall have frontage on a permanent private access to a street which has a
rninimum right-of-way of 50 feet.
The proposed record plat does not mention Bamboo Lane as a (un-recorded) right-of-way or
access, or ingress-egress easement in any of its legal descriptions for Parcels 1, 2 or 3, which
comprise the proposed record plat. Therefore, to reflect that it is a "3D-foot right-of-way as
shown on the unrecorded plat of R. P Swetrnan Property" cannot be substantiated without
,>ignificant title search of the abutting properties. Obviously, it is incumbent upon the plat
applicant to submit valid documentation.
To: James Cherot, City Attorney
Re: Dakota Lofts
October 16, 2002
Page Two
In regards to the Virginia Gardens Drive issue, I refer you to my September 13th letter to Mr
Tompkins, comment number 3.f) as to them not providing access to those residents
incorporated into our city through this record plat. They have created a "land-locked" situation
against those residents
Attached also is a copy of the utility expansion survey done in November, 1971 by the former
Earl Martin for the Chan's and their Sun Wah Restaurant. This also reflects those access ways
previously generated
I also have correspondence in my file in regards to Mr Chan's application to join the city (circa
1971) and the privatelcity utility expansion to accommodate his restaurant (and house), if you
need copies.
Again, I stress that it is incumbent upon the record plat applicant to prove pUblic access to his
proposed record plat. I am not satisfied with the documentation (or lack thereof) submitted to
date. If you have any questions, I will be back from vacation around the first of November 2002.
HDK/ck
Xc: Jeff Livergood, PE, Dir of Public Works Dept.
Mike Rumpf, Dir of Planning & Zoning wlo attachments
Ken Hall, Engineer Plan Analyst/Inspector wlo attachments
File
S:\Engineering\Kribs\Dakota Lofts - Record Plat Review.doc
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