CORRESPONDENCE
~f, Michael
From:
Sent:
To:
Cc:
Subject:
Bressner, Kurt
Wednesday, December 03, 2003 2:54 PM
Cherof, James; Greene, Quintus; Sugerman, Dale; Livergood, Jeffrey
Byrne, Nancy; Costello, Joyce; Rumpf, Michael; Lamanna, Rosemarie
Dakota Lofts
Importance:
High
As a follow-up to the City Commission meeting last night, I will need your assistance in assembling information and
recollections of meetings held between the residents, developer etc. At this time I would like copies of the following:
1 Develooment Order for Dakota Lofts as approved by the City Commission. -- Development
2. Minutes of the Ci Commission tin were item was approved. - Development
3. Minutes 0 the CRA or P&D Board Minutes where the Dakota Lofts Project was approved. -- Development _
4 Co ies of all correspondence to/from develo er or dev 10 er's Ie al counsel. "- all staff addressed -- this include13ill1
aspects, especla y any permits issued.
5. Copies of any agreements between develooer and residents concerning utility extensions and conditions of same. -- all
staff addressed
6. Dates of "nd summaries of any meetings held at staff le'ifll between City staff and developer or City Staff and residents
-- all staff addressed ----
7 Any easements or other survey documents for the property - . n ineering/Utili'
8. Any engineering plans for the project and approvals/disapprovals - ngmeenng
9. Any other documents you believe will be helpful to unraveling this situa 10 .
Jim Cherof and I will take the lead on reviewing the documents and to coordinate any meetings with residents and the
court appointed receiver for the development.
I would appreciate it if these documents couid be provided to Joyce C by close of business on Tuesday, December 9th. I
prefer photo copies to originals but understand that some documents are available in original format only Please note any
originals II
Thank you for your early attention to this request.
Kurt Bressner
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~f, Michael
From:
Sent:
To:
Cc:
Subject:
Byrne, Nancy
Monday, December 08,20035:19 PM
Greene, Quintus; Rumpf, Michael
Mann, Cynthia
Dakota Lofts Document listing
Quintus & Mike,
I've listed in chronological order. all of the documents I was able to locate related to Dakota Lofts. I do not have a copy of
the signed Land Development Permit letter, but hopefully Cynthia will uncover that in her search through the files.
Mike, there are a several letters from you to the developer already printed. Please have your research staff person note
that I've found quite a few of them, including memos to Eric Johnson, which have already been added to the copies for
Kurt.
I'm most concerned about any other documents you have knowledge of that don't appear on the list. There are some very
good documents here to back up the neighborhoods case, including correspondence from Jerry Knight promising all of the
concessions they are concerned about.
Please let me know if you see any obviously absent documents. I've highlighted the ones I felt contained the best
information for Kurt to focus on. If you would like to view or have copies of any of those, just let me know and I'll make
them before I send the final packet over to Joyce tomorrow afternoon.
Thanks,
Nancy
.
Dakota - Minutes
timeline.xls
1
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
January 23,2002
Mr H. P Tompkins
2295 Corporate Drive #240
Boca Raton, Florida 33431
RE.
FileNo..
Location:
Dakota Lofts
NWSP 01-010
3010 South Federal Highway
Dear Mr. Tompkins:
Enclosed is the City of Boynton Beach Development Order for site plan approval granted
on January 15,2002, by the City Commission.
To continue this project through the development process, please revise relevant pages of your
approved site plan to incorporate all conditions of approval as applicable, with particular attention
to the conditions added by the Community Redevelopment Agency Board. The full rectified site
plan set is to be submitted as part of your permit plan package to the Building Division. The
person managing your permit applications should be made aware of any additional documents
and third party letters listed in the conditions of approval that need to be submitted with your
permit package.
The Building Division is committed to speedy and efficient completion of the building permit
process for your project. However, please note that failure to meet all applicable development
order conditions in the submitted rectified plan set may produce unnecessary delays in permit
issuance. Feel free to contact any TRC member for additional clarification of comments(s).
Important: If you plan to introduce any changes to your approved site plan over and above those
required by conditions of approval, please contact our staff before submitting a permit package
to the Building Division. All modifications to the site plan must be evaluated by our staff and
processed accordingly
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 742-6260.
Sincerely,
Michael W Rumpf
Director of Planning & Zoning
MWRlad
S:\Planning\SHARED\WP\PROJECTS\DAKOTA LOFTS\Site plan approval letter after CC.doc
City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310
Phone: (561) 742-6260 . www.ci.boynton-beach.f1.us
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Meeting Minutes
Community Redevelopment Agency
~oynton Beach, Florid~
'--'
September 11, 2001
2. LOan Status (to be addressed under New Business)
B. ProjeclUpdates
1) Federal Highway
The consultant has provided staff with a draft of recommended land use
regulsitions for the proposed mixed-use zoning districts for the Fed.eral Highway
Gorridor Staff has been fine-tuning the recommendations and the final
teCQmmer1dation.sWillbepresented to the Board at \tS October regular meeting;
Staff is recommending that the CRA.hold a workshop on October 6th to give the
Board, as. well as the public, an opportunity to review and comment on the
proposed changes prior to the October 9th meeting.
2)MLK (Heart of Boynton)
A community workshop took place on Saturday, August 25th at Poinciana
Elementary School. The consultants made a presentation and there was a great
deal of discussion. The following are some of the recommendations that were
made:
. Take over al"\d demolish the Cherry Hills Housing Project.
. Land assembly in the neighborhood around MLK Boulevard.
. Future study of the Shepard Addition as a mixed use area.
3) Marina
Work on Casa Loma drainage is currently in permit review and fill is being
brought in. A Marina Project update will be presented to the City Commission on
October 2nd.
C. Commission Actions
On August 21st the City Commission approved two items on the Consent
Agenda, which were variances for Lots 62 and 63 in the Cherry Hills section.
D. Future Agenda Items
A land use amendment for Dakota Lofts on South Federal Highway will be heard
by the Board on October 9th
ViCe Chair Heavilin inquired if action by the Board was necessary to approve the
October 6th workshop. Mr. Tillman asked what the purpose ofthe workshop was.
Mr. Greene said that staff would be providing the Board and the public with an
opportunity to have some perception and input on staffs approach towards
zoning along the Federal Highway Corridor Currently there are many uses.
3
Meeting Minutes
Community Redevel()Pl11ent Agency
Boynton .Beach, Florldll
'I
'-<--'
rt)\
-i>"V
September 11, 2001
Staff is coming up with two basic categories; mixed use and mixed-use light.
Within thqse ~ categories certain uses would be allowed as a matter of right,
certain uses wOl not be allowed and certain uses will be allqwed with restrictions.
The restrictions will be identified.
Mr Fenton inquired.if the public would be notified and Mr Greene said that the
usual public notice woUld be posted. When the formal public hearing takes
place, everyone would be notified.
There WaS a consensus to hold a workshop on Saturday, October 6th at 9:00
a.m. InConfeliehFEi ROom C* to be pu~liclynoticetl.
*(LocaJion .Iater changedtoC~mmission Chambers)
VI. Announcements'and Presentations
None
VII. Unfinished Business
A. 2001-2001 Budget
At the Board's request, two budgets were prepared for 2001-2002. One budget
is based on City staff continuing to serve as the primary staff to the CRA Board
(Alternative A). The second budget was prepared with the CRA having its own
independent staff (Alternative B).
Total resources available to the CRA for the new budget year are projected at
$4,943,240. This includes the $3 million loan, approximately a $1 million
carryover from the current year, and $943,240 in TIF revenues.
Alternative A: This budget includes funds of $3.87 million for land acquisition
and $250,000 for improvements. It is estimated that $4 1 million will be available
for capital expenditures and allows for approximately $300;000 in reserve for
future appropriation.
Alternative B: This budget includes. salaries for a Director, Administrative
Secretary and Accountant totaling $136,532 plus FICA and benefits of
approximately $22;000 The Director's salary would range between $75,000 to
$80,000. Personnel costs would be approximately $158,669. Other expenses in
this budget include the costs for mileage reimbursement, office space, office
equipment, computer maintenance and the cost of connecting to the City's
server, memberShip and other miscellaneous oper.ating costs. City staff services
would then be cut back by two-thirds. Total operating costs would come to
$497,QOO. This would leave approximately $3.987 miUion for capital
expenditures.
4
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
October 9,2001
Mr Goree acknowledged that the job had been harder and was taking longer than they
had anticipated but that they were struggling to finish it.
C. Future Agenda Items
Mr Greene stated that the Public Hearings scheduled for this meeting were being
rescheduled, at the applicant's request, until the November 13, 2001 meeting. The
November 13, 2001 meeting agenda will have the Dakota Lofts project as well as the
Federal Highway Corridor Zoning Code amendments.
D. Commission Action
There were no items to report.
E. Summary Report, 907 N. Federal Highway
Mr Greene sent the Board members a letter containing a summary of staff involvement
and the events surrounding the CRA's first authorized bid on this properly Chairman
Finkelstein distributed copies of bankruptcy and foreclosure notices that appeared in the
newspaper after Mr Greene's letter The attorneys are keeping Chairman Finkelstein
aware of the status of the properly
VI. Unfinished Business
A. Board request to include updates on Original Projects at every
meeting
Chairman Finkelstein referred to the list of items A - I that he distributed earlier in the
meeting. The first item was that the Board requested an update on original projects, as
outlined in the CRA Work Plan Priority List, at every meeting. Chairman Finkelstein
requested that this be included on the agenda for every meeting. Mr Greene reported
on the following projects from the Priority List.
Priority A
1) Development Boynton Beach Boulevard Promenade and Riverwalk
This item will be discussed later in the meeting in connection with the Fire Assessment
issue.
2) Acquire funding ($3M) for land acquisition In Downtown Core Area
This item is completed.
3) Assemble land for public parking west of Federal Highway
The City is in the process of bringing a Real Estate Manager on board to assist in
assembling this land.
5
Meeting Minutes
Regular City Commission
BovntonBeach. Florida
October 16. 2001
B. MariOi:lProject Update
Quintus Greene explainE!d that AEC bought the Boynton Marina Marketplace last December.
Their local representative, the.. Bruce GrouP, has been working to implement the first. phase of
what is now called the Boynton Marina Village project.
Bruce Jarvis, Bruce Group, explainE!d the. progress that they have made. He said the
contractor is .doing puncn lisf'work on what has been constructed to date.. Within' the next two
weekS, theY \<\1m be dOing the balance uf the work on the Marina, which consists of fire
protection, p~ble water, and the recon$Uctionof the north dock. They hope to. get the
Marina temporarily open by January or February of 2002.
Mr. JarvisshowE!d renderings of thenine-story. north building, the eight-story south building, a
six-story parking 'garage. and ana,OOO Sq. ft. restaurant. They'have increased the average size
of th.e units from 1;000 Sq. ft.. to 1,300 Sq. ft. They .are also working on the signage for the
project.
Herb Suss asked what the approximate. completion date was for this project. Mayor Broening
saidthis will be addreSsed at the November 6tl1. Commission meeting.
C. Report and Recommendation regarding consultant and Legal Advisor for
Commission Redistricting Project
Oty Manager Bressnersaid that this item is a report from City staff regarding proposed
reapportionment of Commission election districts, which is required by the CIty Charter and is
required to be based on the 2000 Census. He explained the costs and companies involved.
There will be 3 meetings between the Commission and the consultants and at least one
meeting with the community.
Motion
Commissioner Ferguson moved to approve the report and recommendation. Commissioner
Rsher seconded the motion that carried unanimously.
VIII. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
A.
Project:
Agent:
Owner:
Location:
Description:
Dakota Lofts
H. P Tompkins
Chan's Enterprises
3010 S. Federal Highway
Request to amend the Comprehensive Plan Future land Use Map
for 2.00 acres of property from Local Retail Commercial (LRC) and
Low Density Residential (LOR) to High Density Residential (HDR),
and to rezone the property from Community Commercial (C-3) and
Single Family Residential (R-1-M) to Planned Unit Development
(PUD} (PER THE APPLTCANrS REQUEST, THE HEA/UNG
wrU.8E POSTPONED UNlIJ. NOVEM8ER 2o,200~)
15
Meeting MinUtes
Regular City Commission
Bovnton Beach. Florida
November 6. 2001
replied that the old high school was previously used by City departments during the renovation
of City Hall.
Motion
Commissioner Ferguson moved to approve item C. Motion was seconded by Vice Mayor
Weiland and carried unanimously.
D. Strategic Initiative Report on Visions 20/20
Virginia Farace, Ubrary Director and team member, explained that the conceptual adoption of
the Visions-ZO/20 Plan by the City Commission occurred on August 18, 1998 but it was never
formallyadogted by resolution. Most of the goals were accomplished or are in progress. A
copy of the report is attached to the original minutes on file in the office of the City Clerk.
. .
Dick Hudson, Senior Planner, explained the Projects Implementation Matrix, which is printed in
the report.
Arthur Lee, Human ResoUrces Director, said that the team is recommending that the Oty
Commission direct the Oty Attorney to prepare an ordinalice to formally adopt pages 130-148
of the Visions ~0/20 Redevelopment Plan to satisfy the requiremen1:$ of Florida Statute 163.355,
prpyjdingan offioal finding of necessity supporting .the expansion of the CRAa,ea, and that the
20/20 plan continue CIS a general guide for planning and development In the study area.
Commissioner Ferguson recommended that this. item be tabled until the Commission has a joint
meeting with the eRA on NOVember 7th. He said ttiat some things may have changed over the
years alid this should be tabled uno'l the 2000 census is received.
It was noted that this. item is not. being' adopted tonight. The Commission is only being asked
to direct staff to draft a resolution.
The consensus of the Commission was to have staff prepare a resolution.
Mayor Broening thanked the team for their hard' work.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
A.
Project:
Agent:
Owner:
Location:
Description:
Dakota lofts
H. P. Tompkins
Chan's Enterprises
3010 S. Federal Highway
Request to amend the Comprehensive Plan Future Land Use Map
for 2.00 acres of property trom Local Retail commercial (LRC) and
Low Density Residential (LOR) to High Density Residential (HDR),
and to rezone the property trom Community Commercial (C-3) and
Single Family Residential (R-1-AA) to Planned Unit Development
(PUD) {PER THE APPIJCANT'S REQUEST, THE HEARrN6
wru BE POSTPONED UNTIL NOVEMBER 20, 2(}(J.:/}
11
Meeting Minutes '-'
Community Redevelopment Agency
BQyntonBeach, Florida
\
\..J
VII. Public Hearing
November 13, 2001
Chairman Finj(elstein advised the participants of the order of business during the Public
Hearingl'ortion of the meeting.
Lindsey Payne. Asslstilnt City Attorney, administered the Oath to all those who
planned to speak at the meeting.
land Use Amendll1e"t1~ezonlng:
A.
Project Name:
Agent;
Owner:
Loctltfon:
Description:
DAKOTA lOFTS
HoP, Tompkill$
Chan'siEnterpri$es
3010'$. FederalHI9hway
To amend the.C.omprehenslve Plan Future Land
uSe J.1apfor 2.00 acr.s of property from local
~~ Cc:>nlll1erqial(LRC) and Low Density
Resl",~nttal (LPR) to High Density Residentl,,1
(HDRl, and. to rezone the property .from
Com.mtinlty Commercial (C-3) and Single Family
Reaidential (R-1,AAl to Planned Unit
Oev~lopment(pUD).
DiCk Hudson, Sr. Planner, delineated the d~tails of th13 prClject contained in the Staff
Report. The opinion of staff Y/aslhat. this WpV.1d. represent redevelopment and
enhancement of the Federal HighwaYCotriqor,~n~rjbut~to th.e overall economic
development of the City, and increaset6e raI:l~ Pf:tlO\l$ing opportunities for residenUi of
Boynton Beach. The applicant agreeqtgaIlStaff;eor;ditions and Stctff'recommended
that the subject request for land use amendfT\e6tand ,re~(lning/master plan be approved.
H.P. "Press" Tompkins, Jr., of HPT C.o~ltl!nttJ, Inc., representing the applicant,
advised.that he was. primarily there to answer questions.
Chainnan Finkelstein op.ened the Public Hearing.
Steve Gallagher, 816 Bamboo Lane, spoke for several Bamboo lane and Virginia
Gardens DriV& ~id~nts when he expressed 'concems aboUt the increase in density,
lraffic,lack of sufficient turnaround space,bqilding height, water supply, cost to the
residents of hoo~ing up to the City's water ,supply, and whether this would mean
annexation of their neighborhood to the CllyChaif!TlanFinkelstein stated that staff and
the appli<:anth~dcoveted several of the con~rnsmentioned by Mr Gallagher already
He advised that issues of this type WOLJld be addressed when the Site Plan came up
later in the meeting.
Ms. Hoyland asked Mr Hudson if the developer were developing the property to the
maximum allowable density and he replied that they Were not and that with the rezoning
the property could accommodate a total of twehty"O.ne. units.
As no one else wished to sp.eak, the Public He{1ring wjJs closed.
3
,
Meeling Minutes "j
Community RedeveloplT16lnt AgenCy
Boynton Beach,Florida
'\
.....~l
November 13, 2001
Motion
Mr Fenton moved to accept Staff's recommendation of approval for this item. Mr
DeMarcosecondedthe.motion ihatcarriedunanimously.
Site Plan
DAKOTA LOFTS
H.P. Tompkins
Chan's Enterprises
3010$. Fec:ten.I'Hlgbway
Req!l~for s(taplan approvlll to construct 19
rri~ttJ"famiIY,to~ homes OAtwO (2)acras.
Eric JOhnson,Planner, distributed copieS of the $ile plan to the Board members and
summarized the $taffReport andreqomrnendiltion$. The' Engineering Department
propOSes that theportionofBamb<Xl:~iie; between U.S. 1 . and the piclposed
entranceway be widened to 22feet.E;ngineenf\9staff'~mrnended a turnaround area
be added to the sub1ect site for emetgj;lJ1CY and se/'Vlce vehicl~. and Item #3 in the
Conditions of Approval was a requirern~lit,~~FireO$paitmentthatthetumaroL!nd
area .at the southeast cOrner of the ~ubjectip,r$pe~ have ii' minimum cenlertine radius of
50 feet. Subsequent to the printing of tti!J stliift'Report. tf!Iedeveloper met with the
Engineering and Fire Oepartments aJ;l(j.;;I ~mprQmise was. reached. At the . end of
Condition #3 the fo!loWing shOuld lire.~j:1~~: "qt to the. s~ti$faction of the Fire and
Engineering Departments." The deve~~B;i~ii9~;tp,~J1me Condilionsof ApprovaL
Staff recommended thatthfs siteplan~equ~.~i}ppt,oV~;c;ol',\tir:ililent on the approval. of
the concurrentlar;td use.,Je~ing. aM~\ij1~~~tsi Stclffalso recommended
aPproval of the site pl,an~l!bject toth~.pJ;l.ffi~gtelqlJlrement:~l1Q.;atl commemsincludet:i in
Exhibit .0" - Condi1ionsof ;A.pproval.
B.
Project Name:
Agent:
Owner:
LocatlQn:
Description:
Mr lompkins indicatedlhat there was an existing well In the parking lot Of the Sun Wah
restaurant. . H~ met with the Engineering:PeparllTlElnt last week and they learned. that the
well was being used by $everal reside~$ ror PQtable water Theitresearch into the
matter found : that the well had never l!ie&n~rtnitted fOr that particu(\1r use. The
dev~loper agr,eed1o extend a waterrriai";ofa;fe~sonablesize down Bamboo Lane sO
that the residents who were on the well! 11P'N wOQldhave ~opportlJnlty to hook up to
Gity water -rreY have ,nade~rran~9m~n~ npt to disrupt~~water,:c;md sewer service
being .providest to the ol<iC~anf~id~n~i~.1i.~t;re~peA.C$~the~t oftheir property.
TheY believeq t!1ey .had madeeY6rye~'1\ ,to; aFPornmod~e!U1eresjd~tsin the area.
Concerning the~creJ'lOit, thEW foiiQq~~$&in~~itlldeofaJmost 1800 trips
perdily. from !the trB!'ic iQ!ll'lerli~l;l~ '~'.i~Ur~tto.wt1at\c wGI:Ild be .generated from
ninet~ town hoines. Cl\airJ')'l~nt=jn~l~t~naskedMr.. 4ohn$On;if Mr. Tompkins'
comments were addreSsed in Col1clitiQh Qf~oval#,2;and'M replied that they were.
Chairman Finkelstein op.ened the Public Hearing.
Commissioner Mike Ferguson, 460 .HoriZons West,Boynt()n Beach, statedfhat Mrs.
Freed, who lives at B21 BambOO Lane,askeq fOr hl$ assistance In this matter She has
an easement for a well and it will.be6ccqpled by townhouses #15 and #16 and she does
not want to go on City water. He ~eJjey~.thlilther easemel1tshould take precedence
over thedevelopel"s plans until t1iedevek)~t'c8n resolVe the Issue.
, . ,
4
Meeting'Minutes \.,..-'
Communil;Y Redevelopment Agency
BOynton ~eaeh, Floridlil
,-J
November 13,2001
Mr. Steve Gallagher inquired whether the water line the developer proposed to extend to
Bamboo lane was to, be offered to all of the residents on Bamboo Lane and Mr
Tompkins replied that it would. He then ,as.ked if the !!~ptanGe of water from tOe City of
Boynton Seaeh would.mean that his neighborhood would be incorporated into the City of
Boynton' Beac:li. The ~veloper deferred to .the City. Mr Greene 'stated that taking City
w!!ter liIid not annex a: resident into the City of ~ynton B~ch, Ms. Linc:jsey Payne
affirmed that cities coUI(j offer water to other cities or to unincorporated areas and it did
not entailanneXatiQn.~r. ,Rumpf stated his beliefthat the waters~rvi~ agreemElnts had
a clausetJ:lataUuqed ~possible annE:!Xation butth~tany suchid~n would be made
at a later time asas~f:!1iG!ltElplanning event. Mr. ~Uagher believed that the .deyeloper
should bear the resid~ C(lst to hqok up \0 the City Wl!Itar suPPly since U,e deVElloPer'S
project wa$disruPting Uieir'cljrrent water Source. HeaiSQ exP~sS$da clesirepntne^part
of the Bamboo I...ane~idents for a gate at thamagionlng,Of lt1Eijr street~t would
prevent traffic fromcon'llng'down their street any further thantfl13 'entrance 101l:1e Dakota
Lofts project.
Kristin Conti, 1 Virgiqla GBf'dens Drive, Boyntor'lBe;lch, stated that she was a City
residant Who p!!id City taxes and had City water ShEl was concemedon behlllf of her
family and neighbors In. reference to traffic. She was skeptical about the report that
there would be a relWc:tion in traffic with the advent of the ptopo~d projact. They had
some major concem!> about the canal and its use, It ap~rEld that there W!!S not
anough information for the residel)ts as to the cost they wouJ~hava to bear about the
water service. She li'1~ wantad a gate at .the entrance to Yll'giltliaGardens to defleCt
Dakota Lotts traffic. TI1ey had an unpayed, private rOlild and w,ere extremely CQrIcemed
about the traffic coming dpwn their road. Mal'lY of the rasidents bQught there becausa of
tOeR-1-AAzoning. expecting single ~lIy !oIsageand wantif19 thaprivacy She was
also concemed about Itteneight of the ptopqSe<:!buildings for the.resic:j8l]ts living on the
far west side since iIle resjdents of Dakota Lofts could, po~a1iy, look into their back
yards. .
Fred Canova,lJ15 Bamboo Lane, was concemedabout the building height since it
exceeded the current zonil)g restrictions. He also stated that ohe of the properties using.
the well in question W8$ at the end of a canal adjacent to hisp~perty (on the south side
of the' canal) and if that property were to be annexed, it wOul(! subject the entire other
side of Bamboo Lane to annexation along with it If that happefled, would the entire
lengtO ofBamPooLane have to be widened to meet City standards? Mr Rumpf stated
that if it were annexed and since it was a private roadi"ay, the City would not
simultaneously take it on asa public roac:lway and apply the current developmant
standards to it It would .remain private. Mr Canova askeQ'thS c:levefpper if they intended
to repair and repave thEl street at the cprhptetion of. consul/clion, Mr TomPldns. stated
that the develOPElr would rap..ir and repave the section tllal'tI1e City required to be
twenty-two feet wide alildwhatevElr p9rfjon of the street that ~~d tObet(im up for the
extension of the w,llter lines. He, did not foreSea repaving!hei e~tire length of Bamboo
Lane.
Joan Nigro. 804 Bamboo lane, objected to the entranca being so close to her house.
She believed that Bamboo Lane had never been dedicated and that it was a private
road. She Objected to the traffic that wO\lld ariseasaresultpf the construction effort.
As she is at an intersection, she would get the traffic from Palmer Road and Bamboo
Lane. She inquired whether a private, un dedicated road could be accessed in this way
5
Meeting Minutes "-
Community Redevelopment Agency
Boyntor,l Beach, Florida
,-)
November 13, 2001
Bruce Jarvis, 810 Bainboo Lane, believed that the mechanics of the water issue
should be fully explained to the residents. He asked if there were a detailed entry plan
off Federal Highway in terms of signage .01' tTl(>numents. Mr. Rumpf stated that signage
improvements would be restricted to the appliOl:lnt's property. Mr. J.alVis suggested that
the developer and the City were missing an opportunity to improve the entf'Yway to the
project. .
Steve Dingle, appeared on behalf of his parents, Ron and Mickey DIngle, who live at 3
Virginia Gardens Drive and could not be present. They; were happy about the
development in general and thought it would be an imProVement. However, they wished
to know if the developer bad considerec:l an entran~ on 'th$nortl:lem part of the
property They. were concerned abOut the impact' to Vifginia'~rdens Drive due to the
construction . effort, They also wished to know itthede.vEllol>lilt had, any plans to pave
Virginia Gardens Drive and if !lot,his parentsmightt;JewillinQto.~lp pay, for paving it.
Theywlilre con~medaboutthewidthavailab!e for ma19nga t!lrn into Virginia Gardens
Drive along the proposed laridsOl:lpedarea, on: thebuildililgs to the north.
Chairman Finkelstein closed the Public Hearing.
Mr Fenton asked whether the disruption in the water supply to the residents of Bamboo
Road would necessitate the residents spending money to hook. up to the City water
supply Eric Johnson s~ted that the developer would hook the residents up to the City
water but that the residents would have to pay the normal monthly service fee. He
affinned that there. would be no premium fee because the residents were not part of the
City
After a lengthy discussion, it became apparent that there was a misunderstanding
between the City, the'developer, and the residents about the water issue, S~ff believed
the developer had agreed to all the Conditions of Approval and that the developer had
met with the ~idents and clarified ttle wateri~ue. The Conditions of Approval stated
that the developer would connect the tesidentiill dwelling' to City water or install a new
well to SelVe the residential dwelling. Mr. Tompkins' view was that the developer would
run the water tines up to the residence only There was general agreement on the Board
th~t many open issues had lobe resolved before the pmject could be resubmitted to the
CRA for approval.
Mr. Tillman was concerned about identifying the exact number of people using the wells,
the potential annexation issue., the legality of the wells, the light turnaround space on the
access road, and thEi responsibility for dedication of the turnarOund space. He suggested
that the developer, the City (iiiduding the Legal Departmelit), and the residents get
together and communlqete about these issues. Mr TiIlmanbeliEived that these legal
issues' needed clariflCStion before proceeding with the project.
Ms. Hoyland agreed with Mr Tillman's analysis with the addition of several other issues.
She beUeved they should .be, gelting plans in their packets for their review prior to the
meetings. They had not had.adequlltelime fO/' review of the plans. She believed that
many of the issues should have been dealt with before the prpjed' was presented to the
Board. She also favored deferring the Boai'd hearing until sort'\El of the open issues, legal
and Otherwis'e, had been resolved.
6
Meeting Minutes \~
Cornmunity Redevelop!Jlent Agency
Boynton Be8cli, Florid~
~
November 13, 2001
Ms. Hoyland was concemed about an apparent encroachment by Virginia Gardens Drive
onto the proposed property Mr. Johnson stated that there was no encroachment. Mr.
Rumpf d$ferr~the.gues;tion to the ",pplicant, Mr. Tompkins. Mr Tompkins said that
ac;c;ording to the City'$ Engineering Department, there is no legal document creating
Virginia GardEmsDrive. There was an old ten~foot a~ess ea$ement across the Chan
property and als.o a~n"foot utility easemeritthattransve~esthe . Chan property They
hadrelocat'ed that.ahd;prpvided the City with anew, 20-foot access easementto tie to
wh,at is now exii>ts ~Yirginill Gardens Drive. They plan to utilize the same rqadway
they have now In CQq>peration with. City$laff, the developerwastlyingto cause the
least possible disruption toVirginia Gardens Drive and BambooLane.
Michael Rumpf, Planning & Zoning Director, reportedthatStaffunde~toodfromthe
applicantthat theatW6ioperi'\ad contact~the propertY~~nd worked out some of
the open issues. l>~~llYlY water delivery.. TI1.ereare sOrQevery antiquated, "old
Florida" . aspects to thisp.r@ject They ,hadreviewsd the property on site with the limited
access off sambool.;ane.. He deferred.tothe<apptic::am.Whether or not the developer had
the jUrisdiction to alter and l:\XPlInd ~r(1bo() Lane. Mr. RU~f:sta~ that staff was
comfortable with fh~ ():onditions ofApprov~ as . Wri~n if tItr!/i'" information given was
correct; however,. he, ~k,ed Mr Tompkins! "Whohasltlrisdiqti!\!n'!Q.ver ~mpoo Lane?"
Mr TompkinsstateQ.t&at there waS, a weetoqoadW.aY.~'f\tfor that portion of
Bamboo Lane thiat l.t1~illre acces~ng.. lheyagflleP, to. ~nlil the pavement from
~u~en feet l? tweq~fee,t. Mr, ~uU!ptstatedth* i! ~@\fIe .developer was
"riding on thenghts tlJ~ tbe fE!stal.l~ O1NI1E!rdoesnOW'~.a" ~ihat,property", and the
applicant responded: iQ, t\1e ;afl'irmatjV~."T1je d~lOP"'rreit~~tthat.fue matter had
been researched ah~>lIh~te was an;ea~l'Tlei1t on Bamboo. Lanei:but not from Virginia
Gardens Drive. .
Ms. Hoyland expressed reservations about the ; lack of decorative elements on the
elevations that faCS\'lFllderal Highway atthe end of the build!ngs. She believed that
stucco banding or sbul;tersshould be considered, particularly.siill~ the property was on
a gateway to Boynton Beach.
Vice Chair Heavilin was. concerned about the fact that there were only four guest parking
spaces in the .developjT1ent. Also she beiieved: that the trafli6would probably have a
negative impact on ~C1mboQ Lane and Virginia Gardens Drive since they are extremely
narrow, and only allO\\lpnevehide at a lime. She asked the cllilve10per to consider the
request of the residents for gates. She also asked if there wot,lld be any impact to the
residents from tl)estandpoint of dockage and seawalls. Mr Rumpf suggested that if this
concemedthe EloatciI,thatthe Board add a condition that agreerne,nts be put in place to
preserve the Use and docking rights on the canal. Mr Tompkin$ s~ that the property
owners had no plans tq disl'4pt any of the dockage or us~eof trie canals. Vice Chair
Heavilin also had a con~about drainage and Mr. Tompkins sl:\ldthey. had.submitted a
more detailed drainage.plan to the Engineering Department that was approved.
Mr DeMarco thought that having City water would be adefinil$ improvement over well
water His understanding was that the developer was to bril19t11e water lines to street-
side of the involved: rl!sidenCes and that hooking up to City water would be up to the
residents. He thought .~at the City should provide the ,inforrnati~ to the residents about
the costs of hooking up to the City's water. Mr Gallagher (a, Bamboo Lane resident)
stated !hat they we~e. in favor of that as long as it did not cOst them a lot of money
Chairman Finkelsteirn $ked'Mr Tompkins if allY reference to a wellar wells had shown
7
'\
~eeting Minutes \.,../
Community Redevelopment Agency
BoynlQn Beach. Floridi
'\
'--_.j
November 13, 2001
up in the title search and Mr Tompkins responded that two title searches had not
revealed anything about a well or wells.
Ms. Hoyland inquired al;lout thilminimumbacKoul requirement fOr perpendicular parking
in reference to' the north ~s drive. . Mr. Johnson said that the requirement was 2:l
feet but that it w~ ncit~l'Iing considered as a drtve aisle and that the Engineering
Department had' agreed'with the allotted $pace.
Mr Tillman requested action on the item.
Motion
Ms. Hoyland moved to table the DaKota Lofts site plan until the neJdBoard meeting or
until the following commentswere addressed:
':0 that agreements are made or drafted for water service for the residents now using
the well on the property;
.:. that an agreement is drafted for the docks that exist for the adjacent affected
properties;
.:. that the elevations fronting on Federal Highway to the west, north, and south be
revised to incorporate more detail;
.:. that decorative light fixtures be proposed Within the project;
.:.that a 27~foolbE!ckout area beprovid~ adjacent to the garages;
.:. that the gii\rages 0018 feet in width at the access point;
.:. that Bamboo Lane be Called out on the survey as to Whether it is a public
or private roadway and the exact width of that roadway or easement;
.:. that the access for Virginia Gardens Drive be indicated more clearly on the proposed
site plan (the area that is going to be removed and the area that is proposed).
Mr. Tillman seconded the motion.
Vice Chair Heavilin stated that much of what Ms, Hoyland had listed was very technical
and had already been approved by the appropri~te City DePartments. She agreed with
the agreements pertaining to water service, docKage, and the elevations.
Chairman Finkelstein did not agree with some of the technical requirements and' did not
want to dictate to the Planning' Department. He did not know lfthe City had the right to
make the developer share the canal if the developer owned ittilnd according to the
survey, the develOper did own it. He agreed that there were some important questions
aboulthe wells, water supply and delivery. and annexation that should be addressed.
A vote was taken on the motion. The Chairman asked the Recording Secretary to call
the roll. Messrs. DeMarco and Tillman anq Ms. Hoyland voted yes and Mr. Fenton,
Chairman Finkelstein, and Vice Chair Heavilin voted 00. The motion failed.
Motion
Mr Tillman moved that the Dakota Lofts site plan be tabled and that the developer and
~taff get together and. gather the necessary; agreements for the project to move forward
to include items broUght forth on the well, legal issues on the roadways, and the access
8
Meeting Minutes \..../
Community Redevelopment Agency
Boynton Beach, Florid.a
\
J
November 13, 2001
off of Federal Highway and Virginia Gardens Drive. Vice Chair Heavilin seconded the
motion.
Ms. Hoyland asked if th.e rest of the Board had any concems with the elevations. She
bellevedthat was the function of the BOard and reiterated her con.e6m with the . lack of
architectural -elements on the wes~mmost building, on its north and soulhends.
Chairman Firlkelsteir'l <:ls~d Mr Tomkin$ to comment on this and Mr Tompkins agreed
that they could improve this aspect of the. project.
Mr Tillman. amend!!d his motion to inclu!ile Ms. Hoyland's. elevation comment pertaining
to the architectutalelElmentsoil the iflorthand so~ends.ofthe westemmostbuilding.
Vice Chelr Heavinn se<>>nclEld, the amended motion. Themotidh passed 5-'1, Ms.
Hoy/anddisssnting.
A RECESS WAS DECLARED AT 8:15 P.M.
AT 8:2S'P.M. THE MEETING WAS RECONVENED.
Rezonina/Code Amendments
C.
Project Name:
Agent:
Location:
Part #1 :
Part #2:
Part #3:
US1 Corridor Rezoning & Code Amendments
City of Boynton Beach
Federal HighwayCon1dor segmllnt between the
Boynton C-16 Carial on the North, and
Woolbright Road on the South, and lying
b8tWeen the Int!'Jcoastal Waterway on the East,
A!lci t"erlght-Qf-way of the Florida East Coast
(FEe) Railway on the West.
Proposed Zoning Regulations for Mixed-Use
and Mixed-Use low zoning categories,
CO!lslstent with the recommendations of the
Federal HlghwayCorri~orRedevelopment Plan.
Rezone Area III of the Fe$ral Highway
Corridor Redeve/opmenlPl;m from Central
Business District (CBO) to Mlxed.us, (MU).
R_ne Area II and Area IV of the federal
Hlghw;ly Corridor. Redevelopment Plan
(excluding Boynton. Isles and Lee Manor Isles
Subdivisions) from Single-family Residential
(R-1-AA) and (R-1-A),Slngle& TYlo-faml1y
Residential (R-2), Multf4anilly Residential (R-3),
OffIcelProfesslonal(C-1). Neighborhood
COlJ1inercial (C-2), Community Commercial
(C-3), and Generlll Commercial (C-4)ta Mixed
Use.Low (MU-L),
Dick Hudson, Senior Planner, stated that this agenda item would be handled in three
parts. He then introduced the author of the 'Federal Highway Corridor Redevelopment
Plan, Michele Mellgren, whO briefly explain~ tJje events leading up to the Plan and the
City's request that she assist in the rezolling andimplem~lntation of the Plan: She noted
that the CRA had already reviewed the Plan, and submitt~ comments.
9
Meeti~;Minutes
Regular City Commissi!l)n
Bovntolt'8each, Florida
Novernber20,2001
and authorizing. payment of 50% of the contract savings in the amount of
$24,271.50
Discussion
Assistant City Manager Dale Sugerman stated that Mangrove Walk at the Marina (Pond B) has
been. Gprnpletedon time and under budget. Through the efforts of the City's Water Resources
Leaqership Team and COM, this project was completed for $1 million less than the bid price.
After this final change order is approved by the Commission, a portion of the contract savings
Will be given back to the City.
Motion
Comn'1issiOnElr Fisher moved to approve item C.6 with the proceeds to be deposited into the
'Ecpnomic Development account. Motion was seconded by Vice Mayor Weiland and approved
ulianimously.
DaveH;lIl:7from CDMEngineers & Constructors congratulated the Oty for an innovative project
andpreSerited a check for $24,271.50 to the City for one-half of the savings on the project.
E,1. Dakota Lofts (Chan's Enterprises) - 3010 S. Federal Highway - Request
for site plan approval to construct 19 multifamily town homes on two
acres
Discussion
Commissioner Ferguson noted that item E.! was tabled by the eRA.
Motion .
Commissioner Ferguson moved to accept the CRA's tabling of this item. Motion was seconded
by Commissioner Fisher and carried unanimously.
VU. CITY MANAGER'S REPORT:
A. Status Report on Mangrove Park High School
Quintus Greene, Development Director, said that staff had reviewed the Historic Society's
schematic drawings;lndtheir cost breakdown of the proposed renovations of the old high
s;:hool. The $4.7 million that they projected agrees with the City's estimate. He said that there
Was no reason to alter staff's opinion that the building should be demolished. There have been
a number of proposals since 1993 to renovate the building and this latest one is no more viable
than any others. There has been no evidence of success in raising funds for the renovation.
Staff still recommends demolition not to exceed $250,000. Mr. Greene said that If the old high
school building is demolished, the City's historic 1913 Children's Museum will be visible from
Seacrest Boulevard.
Commissioner Fisher asked whether the preservation group is willing to pay for liability
Insurance. He stated that there is a big difference between this group and previous ones
because this group is not asking for money.
8
Meeting Minutes
RegufarCity commission
BoYnton.Beach. Florida
December 4. 2001
Church - School Campus to include the sanctuary, classrooms, daycare
center'and related site improvements on 8.84 acres
E. Ratification of Communit,y Redevelopment Agency Action:
1. Dakota lofts (Chan's Enterprises) - 3010 S. Federal Highway - Request
for Site Plan approval to construct 19 multifamily town homes, recreation
area, aridr~latedsi~e improvements on two ~rrA8J.ED UNlIJ.
DECEMBER .t8,.201J1}
F. Approve an education and !:raining progr~m with the Institute of Cultural Affairs
to ~gin implementation of a citizens' neighborhood academy for a cost of
$20;000
Both Vice Mayor Weiland and Commissioner Ferguson, requested that item F be pulled for
discussion.
G. Approve the use of $3,925 from Commissioner Fisher's discretionary funds to pay
for the following items: a ) rental of a horse-drawn carnage to offer free rides to
the pUblic at the Season of Peace event, Holiday Parade and Holiday Concert at
Mangrove Walk at the Marinai b) hire an ice sculptor to perform after the HOliday
Paradei and c) rent eight tower lights for the parade
Motion
Commissioner Ferguson moved to approve the consent agenda as amended. Motion was
seconded by Commissioner Fisher and carried unanimously.
VI.B.5. Approve the "piggy-back" of the Ot,y of Tallahassee, RFP#0310-00-KR-CC,
awarded to KERR & DOWNS RESEARCH, for a comprehensive Otizen Satisfaction
Survey in an amount not to exceed $24,900 (Proposed Resolution No. R01-
311)
Discussion
Commissioner Ferguson was concerned regarding this proposed survey being performed by a
Tallahassee company rather than a local company to whom the Qt,y would not have to pay
travel costs. He said that the Cit,y is .currently conducting a survey on water rates and a study
on Parks & Recreation. He suggested that this citizen survey be delayed until other studieS
were completed.
Commissioner Rsher agreed that he would prefer a local firm. He thought that staff could be
trained to put together a questionnaire. He would rather go to homeowners assodations to do
the surveys, which would be a more personal way to do it.
Mayor Broening said he had no problem with this item except he would rather have a local
company. He does not want amateurs doing the survey. He would prefer a more personal
approach such as public meetingsihowever, he was concerned regarding the amount of time it
would take.
7
,.,eet1ngM!nl.lfes ~
Commui1lty~evelopmentAgency
Soyntlm S"ilcl;l, FL
5. Way-Finding Slgnage Program
,,)
December 11,2001
The Public Works Department. is in the proces$ of securing a formal proposal
from the Olty ofHollywpod to design away-finding signagEl program;
C.Future Agenda Items
The Dakota Lofts project has been postponed until the January 8, 2002 meeting.
D. comml$sloriActlon
The Commission approved an Ordinance on fll'St reading to allow the CRA to hire
its own staff. Thesec;ond reading iS$cheduled for December 18th. As soon as
the item is liIpproved, the ac! for the ExecutiVe Director position will be fotwarded
to Human Resourees the next day for publication.
Mr Aguila inquired who would be short-fisting the applican~ and developing the
interview process, He woukJ like this Board to be actively i!wolved. Mr Greene
recommended that the Board select a. cQmmlttee of not more than three to be the
interviewPlinel for aU. candidates. Mr. Greene. wOLlld coordinate the applications
that are received with the HLlman Re$OLlrceS Department and set up the
interviews. Human Resour~!!Wm bescreeniqg the applicants that do not meet
the basic qualifications. Mr Greene pOiRted out that the interviews would be
open to the public.
Referring again to the Federal Highway Corridor Plan, Mr Aguila asked what
effect the two options would have upon the project. Mr. Greene explained if the
Commis~ion selects Option A, there will be a mixed.use and mixed-use low
zoning district in the City's Land Development Code. but it would not be on the
grounQ. This district Could only, be applied in an area where there is a mixed-use,
land-use designation. CurrerUly, this onlye~ts in the CBD. In order to be
consistent between zoning/ilniil .Iand use, the Gity will be witt)drawingits request
from DCA for expansion otthe mixed.use la~duse. Therefore, all the people
who objected to the mix$d.usewillnot beha1#ing their property rezoned. Only
people who request re;z:oningwould have their property rezoned.
Option B, consists of Option A,plus putting .it on the. ground in C-4 C-4 zoning is
the most intense comrt1ercial~egory that exists along Federal Highway. If the
City CommisSion warned to address the real problem areas, that would be Option
B. Mr. Greene anti(:ipates th$t. ther~ will be some obje<rtions to Option B since
there are businesses that do want to see their zonih9 change,
Staff has provided the Commission with these options while preserving the
mixed-use category in the Ordinance. Staff further feels that there are
developers that would like to move forward with miXed-use development.
5
Meeting Minutes
RegUlar City Commission
Boynton Beach,FL December 18, 2001
$177 ,611.96 for the installation of water and sewer systems
serving the project known as Manatee Bay
8. propos$({ Resolution fIIo. R(l1-329 Re: Approving
Task Order 288 Amendment #2 wIth CH2M Hill, one of our
consulting engineers,.. far additional engineering serviceS
duringconstruclion of Master Lift Station Rehabilitations at #'s
317.316, 319'ln the amount of $54,037
9PfOPO$edRes9lutionNo. R01-330 Re: Approval
of 11 CCllitraQt$,f(jr *~lVices for Community Dev~lopment
Block Grant (CDB~) 'Sjilb"reciplents previously approved for
funding pnAW,JUsf 7; ,?dol, . and SUb-recipient addecl(iumto
thElagreemeritwith tl)f!Locallnitia~ve Support Corporation's
(L1SC) pre"appiElhti~~~ip.program for buildingcon~truction,
currently- Ipeing implel'tlentElrl pythe Boynton Bea~h Faith
BasedCDC
10 proposed Resolution No. R01-331 Re. Approving the
Ghcmge order request to PREVENTIVE MAl NTENANCE
SUPPORT SERVICES; INC. for an increase to the blariket for
roof inspections, pressure cleaning, maintenance repairs and
reporting for$t,8,975 based On the City of Coral Springs8Id
#01-G-020F (effecti)Je: 02/06/01-0,2/05/03)
11 Proposed. Resolution No. R01-332 Re: Approving. the
change orderrequestio ADVANCED ROOFING, INC. for a
modificatioli oHhe repairs to the Police Station lower rooffor
$26,725
12. Proposed Resolution No. R01-333 Re: Transferring
$1,274,162 from Visions 20/20 funds to the CRA for the
Boynton Beach Promenade and CBD Parking
13. Proposed Resolution No. R01.334
for Manatee Bay
Re: Approving plat
D. Ratification of Planning & Development Board Action:
None
E. Ratification of Community Redevelopment Agency Action:
1 Dakota Lofts (Chan'sEnterprises) - 3010 S. Federal Highway
- Request for Site Plan approval to construct 19 multifamily
town homes, recreation area, and related site improvements
15
Meeting Minutes
Regular City Commission
Boyn~on Bea<;h, FL
on two acres
2002)
December 18, 2001
(Request postponement until January 15,
F Approv$ transfer of $70,000 from Contingency Account to Planning
8. Zoning Con$u~nt F~ to facilitate the revision and updating of
the City's Land Development Regulations (Proposed ResOlution
No. R01-335)
G. Approve two funding requests by Commissioner McCray'
a. $2,000 to purchase books for the Boynton Beach Public
Library
b. $1,000 to 1913 Schoolhouse. Museum for HeadStart students
to be able to utilize the Museum and eXperience the leaming
experience without paying the admission fee
Motion
Commissioner Ferguson moved to accept the consent agenda, as presented.
Motion seconded by Commissioner Fisher and unanimously carried.
VII. CITY MANAGER'S REPORT:
A. Discussion regarding possible development scenarios for the M-1
zoned land along South Congress Avenue and initiating a planning
study for the area
Mr Bressnerreported that the South Congress Avenue area in question has been
zoned M-1 for many years. He would like the Commission to consider if other
zoning classifications should be considered and implemented. To do this, it would
be necessary that the owners of the property and surrounding properties
participate.
An information packet presented by Mr Rumpf was distributed, which contained
the following information: (1) zoning information for the M-1 District, (2) Land Use
Information from the Comprehensive Plan, and (3) recommendations specific to
this portion ofthe corridor
. The area is a consolidated M-1 district surrounded by residential uses on the
west side of Congress Avenue; a mixture of uses on the east side; and
residential. to the north with a narrowing at the southern end that abuts the
Regional Waste Water Treatment Facility
. The area is almost developed out with the exception of three parcels.
. The three parcels were illustrated on the map and discussed.
. Existing buildings and uses were pointed out and discussed
16
M~l!tl(l.g :Mli)utes C
c..amm. . 1:f.;1I~. '~" ~qe..... Vc&Io,'. lm1ent Ag~IlCY..
Snvnt'. )i';';;"~eaiib')'l=L. . .
-;1 'R~1i?""" '", ,_ " '
,
l.
- January 8, 2002
Negotiations for property acquisition necessary for implementation of the
PrpJnE'ln~ge ,anq,Rj":E:lJ;\!{~,K havl:lfl;l!len. trrough, TDi~ W,ilf.pe ?ddr~sed under
I~Y.!Jq~. '{!;rnih~~'Ciqrii~,'.Jrt,J; . . ,. ,. .."..'
/"
C. Future Agenda Items
There is one item sCheduled for the February agenda, Which is the MacMiIlian
Personal Watercraft. This involves a zoning code variance.and a site plan
modification. ' ..
D. CommlS$Jon Action.
T:heGornmission approved the Code AlT1sndment toalfow the CRA to hire its
own st!"ll There was an ad for the DirectOr's position in the Sunday, January 6th,
Palm Beach Post
The COmmission authorized the transfer of $1.274,162 from the Vi~ions 20/20
Fund .to the CRA, which Includes $611,000 from the Boynton Seach Boulevard
Promenade Project and $663,162 from the CBDParking Program.
Mr. Aguila reQ!.Iasted that after Mr Greene fJiv~$ his report thatthe members be
furnished in writing with the information discus$.~d so that they could have .it for
study and future reference. Mr. Greene will comply with this request.
VI. Unfinished Busfness . None
VII. Public Hearings:
,Site Plan:
A. Project Name:
Agent:
Owner:
Location:
Description:
DAKOTA LOFT$
H.P Tompkins
Chao's Entelprises
3010 S. F~eral Highway
Request fOr site plan li!pproval to construct 19
multi-family town homes on two (2}acres.
4
,
Meeting Minutes '\
Comt11un1ty Redever~ment Agency
Boyntc)l'\B~cl;t, FL.
.)
.)anU<lry 8. 2002.
Attorney Payne administered the oath to all persons who would be testifying.
Mr Mike Rumpf, the City's Planning and Zoning Director, presented the item and
pointed out the area in question ort the drawings displayed on the screen. The
property is 19C$ted on the former Sun WahRestau~ntsite, The restaurant
would be razed .aM 19 townhouse units will be buHtinthree separate buildings
on two acres between Virginia Garden ,Dtiveand Bamboo Lane. The property
currentl}! oontains'ai restaurant, ~ing area'and Canat . Th~property consists of
two zohingdistifct~, ~'qn :the west and R-1"AA on the east.
The Board rey,iawed tM Land Use~mendment 'Rezoning in November and
recommended appr'.ovat:
All oQildings will contain thr.eebedroom units and will be. three stories high.
Amenities would incluqe a swimming pool and canal fQr boat docking and access
to the Intracoastal Wate.rway; Access would be throl,lgh Bamboo Lane from the
south. Houses 011 Vil;ginia Garclen Olive would share theCdmmon acc(;jssdrive
through a pres~rved;,e~sement tl')at would extend north ant;! south through the
property. The easen:\ent currently exists and will be relocated to the west.
There will be 38 parking spaces fora ratio oftw.d spaces per unit. There will be
four standard spa~s and one handicap space provided at the pool area.
The perimeter of the project will be enhanced with 10-foot wide landscape buffers
and one20-footwide,.buffer
The site plan review was tableel at the November meeting in order to resolve
certain issues. Those issues incll,lded fa~de enhancements; Bamboo Lane to
be U!led as access; utility service; how the developer-owner would mitigate
impact upon the adjs,eent property owners who have water wells on the Property;
and emergency v~hlcleaccess. A meeting took plac$ yesterday among the
property owners, staff and the applicant. The applicant will present what
transpired at the meeting.
Planning staff met 'with Fire !)Elrsonnel today to determine what the Fire
Department wOl,lld irequire on the southern buffer for emergency egress. The Fire
Department will require 40' of cleared area, which will require some landscape
adjustments.
Staff requests that if the Board recommends approval that the Fire Department
requirement be included. Staff continues to recommend approval of the project.
ChairrnanFinkelstein inqUired if the C~:mditions of Approval in the backup are the
most current and was informed that they were.
5
Mee~ingM'l'Iutes ('"
CorrllnunltyRedev_ment Agency
BQ~ti ~biFL
~
January 8, 2OQ2
Mr.Pres'S Tompkifl$, representing the appliCj:lnt, .assumed the podium. He
stated thaUh~y have met with the homeowners to discuss and resolve the issues
.that ;we$ raisedatthe last meeting as follows:
..e.
.,.,'
1
, Wittl,,~art$:\t9the'wmer w~ll$i tl\l~'lilPplicant:ha'$. agreec;btoi'e~tend
th~;:~:~in"d~fI[iE!a~bqoLanl?arld,.pro'viq~,wateff.servjGe to
restdeFlts~~~l'jt.toBa~,'Labe,:'
.A ~~ter m~*;"llre;:jdY;i~xi$~ln'th~co~OTtJ-ifll\,ln;js,"Qrth ,0ftha;Slte.
Thatm!!linyljIJ.;6~~pp~$lr.th~r~~r~~nts'q" V~ia"Qfitden .Dri'l'e,
Tbedeve!fil~rJ\ll~i~~e~tt?,~!I9lf\1:\~ ~ident~~q 1jtiliZe the canal.
SomeF 111\1_ ",<<~~'~!ii',~~~J~~Alq,,11be;,t.$it$;tplcm('to
incorpo~t$lso;~e:o~ije.,g~~i~lqn~;4>,fapP~QjliJ;dV";' .' .'
The 4Q' for~ fiflil ~i:il~~CWl h~ai~\llmol!lated alill:! a
remo\!aQle;~a~enwiU;p~;~atki\llis ~Mciej,; .
2.
3.
4.
5.
ri
".
Chairma.'.l'l Finkels~.....'.ffir,~...fe. r..;red. :.... .~~..M..... r..;.TO.........!<!'P............kins'......'.....JEl.tfer.i'Cl.........f..,...D.. ..$:. _...'........b. e.l'. 31, 2..0..01 ..Item
~ O.f th.. .at letter.re. fer.... .e.... no.'. ~ (8:.'.. :.'r8v..'.' I.... is.:.~.. ..i.S. .'.~. '..~lpl. ,....l~....n.:.,.. '. a.. $!W,e~~..1ijl. ....: ,a. n..\El.n.'.larged pla~for,!the
Improv?rnent ~Ba~La:~, :~~~~ipn~QtOl1llght.s ;meetlng.Mr
Tompkins fumlShed thel!plal'1it8 the.meml:1$TS, i
Mr Tompkins st$d that the access to;Bsrnboo Lane from Federal Highway was
never platted. There is, 'however, suffi~jenlroomforaccess since Bamboo Lane
is 65' wide at Federal Highw;ayand 42.'wide aUhe project entrance.
Virginia Garden is also shown on an unrecorded plat as ,a 12' wideeaseroent.
This will be relocated approximately zq'tO 30' to the west. to line I.lP with the
project entrance road, SO that they. wouldlilavethe same access that they
preS8(1tly have.
Chairman Finkelstein inquired if the developer wOl.lld bar.enhancing the. offsite
entrance. Mr. Tompkins responded that the developer intends to fix up. the island
that isctJrrently in plac&;.Those plans would bestibmittedto the City ,
,.
Attorney Jerry Knight, explained that whoever gave the~asement back in 1989
never had the authority to do so and: that is why it neverlshowad,olJP on the title
policy. Therefore, there is no legal acceSs over theprojettpropertY where the
driveway is located;
Chairman F'inkelstein asked the applicant if there were any Conditions of
Approval that they object to and the applicant stated the agreed \!lith aU staff
commentS. Some of the conditions have become moot since the ,applicant is
supplying water to the residents. Mr. Tompkins presented .a handout that
addressed some. additional changes, such as chanOing; the windOWS to. glass
block windows on the ends ofthebuildings. .
6
Meetln.g Minutes ')
Coiri/nunltyRedeve)ppment Agency
B(lynton$~ach" F~..
"
.)
):),:,:~
~anuary8, 2002. .
Mr. Aguila inquireq how the re$idents of Colonial ClubaCqlssed their property,
which Mr Tompkjn:s addressed. The access to Virginia Garden Orive will be
relocated appro*imi:ltely 20' to. 30' to. the west to line up with the praject.driveway
There willbenQac:cess between their property and the property to the north.
ChairrnanFinkelstelrt(openedt!:1epublic t1earing.
Mr. JEdfShafferi.'820,BamboQ Lane raised concerns abaut annexation and
wauldUke tQKilOW!jf there wouldQe expen$es incurred. He also expressed
ccmcernsabalJtt~~I.-t!afflcthat would be emanating fram Bamboo. Lane onto
Federal Highway. Chairman Finkelstein stated staff would be adq/:essing .these
concerns.
Krls.ten Conti, 1 vtrginiaGardehOrlve, pres.ented a letter regarding the
meeting held yesterqaY. She felt progress has been made. .but there are still
issues that need,. to be resolved. Ms,Conti Il()ted that Virginia Garden h~<; J-
usedfor aecess < 1'ti!r aver SO years, which Olakesitanimpliedear T,,- ft"
wauld liRe the gates that the applicant is furnishing to be a CanditiQI~ <-
She wauld like to. know the timeframe far the construction 'and we
conditians.incorporated into. the.approval process. She would alsc
dacuments tQ..Qrahibftany future purchlilse.i.fram chan!IinQJhe.wimt6ws.Oli!y~ ""
~Iear..gla~.
Fred Canova, 815 Bamboo Lane, liVed next to the proposed proje~, and..had
variaus concerns thstdncluded tJ1e~eight afthe new building$. the change in
aesthetics in the neighborhaod, and ensuring that no. future awnerwotJld change
the glass ba~ta. clear glass. He did not think that BCjmboo tane could
accommadate additional traffic.
Bruce Jarvis, 810 Barnboo Lane, asked why, the Fire Department was. requiring
a40~entrance to theproperty~ Mr. Rumpf resPol1dedthat this isa requirement of
the Fire Code because the street is a dead end street and a certain number of
feet must 'beavail8l;lledor turnaround, Mr. Rurnpf further $tated thatthis w0uld
anly require $Orne ;adjustment to thE;! landscaping. Mr Jarvis asked if a .fence
would beerectecl ~ori9 with the landscaping and was informed that there will be
no fence. Mr. Rumpf lll.lggested. thatthe applicant address thi$.
Mr. Jarvis complimented the developer i"going out of his way to. resalve issues
that have existecl fllr years. Further, the rli!zing of Sun Wah anq eliminating the
actiVities tha.toccutb6hind'it. Will enhance the value of everyone's property.
'. " . ,- -".
Chairman Finkelstein closed the public. hearing.
Mr Tompkins responded to the question about the 40' fire access. They have
discussed with the Fire DepsrtmentplaqjqgsQrnetype of remavab.le barrier that
woufd blend in with the landscaping ". and would only. be available for the fire and
EMS vehicles. Th'iswiII be worked out with ,staff.
7
MeeijngMinutes , C.
OolTll):1l;1nl!)' Redell~Qp'mentAgency
So .~on jj'",,..,w,rpL: .
'l"~~:":' .... .
,
\..
,'I .,.'
,.Ji!!!\>!a\'}f.<8, ~.902
With reg-stdta tr~ffic, Mr.TorTtlilkins point~qout that :therestaur~ntgenerated
approximately 1,900.tripsper day, The project Will decreas~ traffic td 190 trips
per day
As to the gates for ~QOp~lni;jlill'iq \I1irginli:lGa~G;Elf!tQnve\,tITer6'are three
residences on Virgini~Ga.rd~privearKl.i(qQ~n~t.$eem.feasibl\'ito plac;e.agate
for threer~ide\1fS,.~r:ilii~mp~i!)~:f>di~tn~:~~t:jliltr~t~.ayi;~fthEl1resiqentsot,the
proJ~~~o~I~. u~~'B~i'/iD~}~am~.';f9...$~~$~jm~i(':g~~t~lil~'t~d,' teepfestellt::t~at
PTO.....fa. Vld, 1"$1.',': '81 ..::gate'for"8al1ii~~'~~Fl~'0( VijJ......lI1!lit{qaf$I'i\lhott~ecome~~. 'CondItion
o . pprevlil . . . .:'.,., : !
:/
Mr.lVlac Bagby, one of the c1evelope@.,sii'lteelthat he spoke with Ms. ContLanp
informed. her tHat a fund wol,lIdqe;:~st?P1f$t'le(,:l;{~ ,the residents: on;,\liESlnia
Gafc:lenDrive aAd Bamboo Lan13tci hi~4J:t~eir,'9Wn cot\tta~r'to"er$Cf~'Gwn
~t~. Mr' Bagby:requested.thatthi~,~Qt,~i.~.~ElItibn()f:a~prov~;' 'B~'<l9reEld
lhaf~$1M~foreaqh gate wQ!lI4JJfi'J>>'&v~~\ bliJt"ttleY.d:id,not wl$h"-\W,be
inv6lvedin'theprocass -of e~cting'th~m.' ;
Ie
Mr: :Bag~'agre~dthatthEW w9l.jld prCNil;fEli:th~epetson$:wI1o had Previa,usly
usadtheeanal With aneasemeritfudOfI1phue 'Wcros.$ .thecanat '
With regard to the emergency vehicleentran~, Mr Bagby stated that they intend
to erect a fence with a lock 001< that wOl.lldb!end with tnelandscaping. The Fire
Departmentwill ~ provided with. the ;ll'.eV:andth~ gate will' notbeleffl:Open..
!.;'<' !
The median in the center of. Bal'!JbG:lO' Lame, will be greatly el1hallced and
upgraded with Palm Treesalld shrubbery
Fot clarification on the annexation and water questIons, Mr. Rumpf responded
,thatthe Water'Service AgfElerne-n:t with theCityifor' residents who are not part of
. the Gii}1 CQn~ains a tl!lU~ for ar'mexatlOn. Ther,efore, 'signing the WaterSeiVice
Agreement is a simultaneous agreement for' futul'e annexation. This would
require additional action on the part of the City This is a policy issue that should
be brought to the City Commission to d;etermine if theGity, wants. to annex, those
properties. With regard . 10 the expenSE! for wat\'ir,theGityis allowed tt) charge an
additional premium of 25% for the monthly water bill.
Mr. Aguila asked 'for clarificatiqn on'eQr.ess and ing~ to Virginia Garden Drive
and whether it would beclosedioff. M~: Tompkins;statedthat it would be closed
off and the only access wOlJldbe thro~gh their. development. He explained how
this process wO,uld work andth$Y :t1~providedia wider access, which would
result ill no significant chang$ to the current ingres~.
Mr. Agui(e inquired about thei fles~etips of the dumpster gate, Mr. Tompkins
responded that they used th~jCity'~~c:l'ardfqr~dumpster. Mr Aguila felt that
the dumpster enclosure could haveibeen made more attractive,
8
Meeting Mjnutes '1
Community .RedevemPment Agency
~qynt~)~~~cfilfL .... .
"~
~
J$nuary 8,2.002.
Mr Aguila asked if th~ ~htinginstalled would wash onto the adjoining property
and Mr Tompkins statedthat.there would be now~sh ooto nthllr prooerties. Mr
'Agl:lilar~c:lLieStedthat this be' made'aconditionofaporoval. Mr. Tompkins
agreed. . . .
Mr; Aguila inquired: if there would be any out"cf"pocket expenses to the residents
to have the Water installed up t.otheir kitchen llinks. Mr. Tompkins said there
would be none lInd.that they have extended the water main. The developer has
also agreed. to pay fort.he in\>tall~tion of the water meters and the 25%
surcharge. The:deveiope,r h~sg!'ln!'i to cOnSid~bleexPen~tcrprovide water to
the re$itl\)nts.Mt Ag'Uilastlltad tAatthe developer ,has gonel:>ut of his way to
accommodate the residents and they have elone an.:excellent job under the
circumstances. Mr Aguila supported the project.
Mr. Rumpf requested that. the fbur conditidnli; raiseel be incorporated into the
motion.
Mr. Aguila noted that the"landscaping is skimpy and should be enhanced. He
requested that the developer improve the landscaping, especially along U.S. 1
Motion
Mr Aguila moved to approve the Dakota Lofts project as submitted, subject to
Exhibit.C . (staff comments) with the following additional clarifications:
1 . Comment #34 will be rewritten to indicate the 40' radius for the Fire
Department.
2; Cornment#35 should be deleted since that issue has been resolved.
3. Comment #38 should be rejected.
4. Comment #37 will be reworded to reflect the current agreement to make
those impro.Jements.
5. Luminairs IightjngshoiJld be provided so that therewill be no overflow of
lighting 0l'lt6 th~ ac;ljacent properties.
6. The landlScaping, . particularly along the Federal Highway Corridor, be
appropria1elY enhanced, to be Worked out between staff and the
developer.
7 A gate will be placed at the 40' opening for emergency vehicle access;
8. The actualel!ltrancetQ the development would be enhanced.
9. DecorativesMe lighting will be utilized, as well as the use of non-glare
lighting artdwolJld pecome comment #38.
Vote
Motion seconded b}\ Mr Fenton and unanimously carried.
9
"'~ng~nUte$i
R.~ul.J:a~C;~~lon
B6Yne~~~'~t9ri4a
.' ,. "t "!;~' r ~ ~~,
>
lanuarylS. 2OQ2
n. PUBUC AUDIEl'iCE:
" '::!i'r.';, '-"". . .' _ '. _.'. ,
INDMDUALSPEAKERSWILL BEUMttED T03-MINUTEPRESENTATlONS
Dr. Mark Rol2erts, 650W,. 8()ynton s.c::h,$oulevard,objected totonight'$ filSt~~~'Qf,
theordlhari~regardil19 Krisj)y Kreme witf::!<?l;itapubli<; hearing, Hedlstributed"c9ple$ Of
ij;~f,Ic!~;,~tee~~e..~~,(3184; whiCh. he$!li9 requires two pUbliC he,$l~r~,,~'cSPPt;~.~
sFa,t4t&J~.,:rnai'k~!lAl:tfl,9hlT1ent 1" and IS ~ctledto the;onginal mi,)l; Uj:e~;()rh~lei~ ;l:'&~;Q,ffl~,,'~
,tIie CitY. '~riC'; . . .. . .' . ...."..
T.~IJaf,M$; 656~NW lit A_~ispQKeregardlf1!1KrisP:YKre!l1~,,'s'/:l!!i.~:~al;,,~;.
nq,ottt~ d!1v~ru Will(low$In t1je'City Wat~~tareslQ\!ntial'~~'!"'Sh~'d(~rn~
regardil1~'l:be A'olse ahdl:t1e'decll~in prii~~ '", """, .,
. .),' .j}... -f
H~rb~"$poke concemingthe fOlll?W!n91~:;" , , ..:
1. H~i~tl~4~,t9.hISp~y!~;~~~?i):tIiatwo~d. al1!)WSomeone to serJii.on two adviSory
~al'!d requ~tha~Ft1~;(tp.mm~9.COn~d~rthJs. ., ,'.. '.. . liP .
2. He W8$concemed ~an;llng t1i~ neY{fredls,tri~. He said that havlilQ Leisureville and
:, \"'t~if{1.!n}jit~~'~~lajp~~!:er~Ei~~'<j 5tnt~gt~ in th~tc1ispict~nqh~\\rOuIQ, ~avla more
coltlmenton thlsltemlll:.mefJ..I!:Y~". Ie,. " . .... .'. ....
3, RE!g~r'dltlg .KrIspyKtem~, .~i!iM9#ght;th*ftfie .q'OmmiSSlon. should Ii~n' to~hat thEfprevious
~J<er ~Id ~9~rdlr\9. \itI~~~!Wl:lI"j~9F\'.;t!~sald itiWUl..Qe ~.hal1g. and a problem
fQr.liI1e Pdlic;e DePal'1:rllei1t. 'C' 'd.~.., " "',. .,,, ,"',
ChristQJ?"e,r; rrentW;m:I( :no~, PaiWD~reportedtlicitthere was af! illegal business
operation (Barcelona Pfecast) at~~~'S,~~eral'Hi9~\'(aY,It is z~" (0/' re~!J '1nd an
indust,ri'albuslness is:peipg, I")JIl M:~~~~l'\:oc:cl.l~tiCl!lalll~. He. Saidftiat thi~ property
was annexed into the City,
,
City ManagE!T Bressneftl)ollght, that this Property was In an unincorpOrated portion of the
county. It was tracked .~ri:lu9h the Devlllopment Department and It showed that It was not in
the Qty; however, he will followup.on tIif$.
IlL PUBUC HEARING: 6:30 p.M.oius SOON THEREAFTE.,'AS THE AGENDA PERMITS
A. Proj~: , , Dak4)ta a.on.
Agent: H, 'p, Tompkrns
Owner: Chan's. Enterprises
Location: 3010 S, Federal Highway
Description: ReqUest to redasSlfy the subject property from Local Retail
Ccimmeraal and l.ow Density Residential to HIgh Density
Re1lldentlal;.<jnc;l rezol).e from C-3 Community Commercial and R+
AASingle.:~ril.i1y Residetlti~l to Planned Unlt~vefQPlTlerll: (PUD).
The applicclnt proposes to develop the property with 19 three-
story toWn homes.and related site improvements. The site plan
(NWSP Q1-o10) will be adopted as the master plan for the PUD
2
.
Meeting ~klutes
R~a~Ci~C~,"Is.slon
sqvlttot' BeaClij~Aorjd8'
h..
"'''~11I.'l;'' r..- ~;;"'r--~- ..",
, ," ; " ,. :;l; i " 'J' i,.,~ \!'. .. -I. ,;: 1
lanU81!v 15. 2002
Dick' Hudson, Senior Planner With the Planning &"ZiIlning'Dlvision, explained that this land use
amEi!ndm~ntand~oningis for Proper:o/'located at 8010$;.. Fede/"l!1 Highway, which. is the site
9.r:-tI;(~'f~er:StJn~~ R~uralTt. ;S$ff\t~te.Wed".' reqtles!:i;anothe'f;arec.oriSistentWith
tlierCOrt."p~sive Plan.. and witllthe !~k1ilghway;€orrIdorPlan,. Therefore, 1:hey
reC(lmmendapprovalofbOth of these requestS; .
c:itY:1\~ey, CherofsalCilt/1attliisJ,s,a quas/.-jll!illdal proceeding:. He(;oi:1du~eda'll'LllkswE!C!rifi1g
InifEl~ ~I1Yl?rie-~i.I't91.t)CSjilea~ ~ttie P\l~Il(;fl~ring.Hea~ked:that If~ther dbcumeotli-wei'eto
p.EirM~!:!,~~.t!JeEecpr~i;th~y'be'1l:lentiftg~: an!!lJeft withthe,Cler:k;lflaO' . .. . '~eal<ing,asan
~-wttn~~they~QLlI6'~'Of thatfat;f:,. ,
KrI~CQn~! ,1.Vlrgf~f;tG~rden, DelrayBeach, s .' n behalf of Dakota lofts. She said
tAat~~larea$'of cP!i~.,. e r.ts 'ebeenresolv~;Wttfrthe;(!e.y:elo~r. She
preSen'~alil$rto the .... ....m Da~ '. . regarding the !'Jse 91 the ca~jlJj~nd,Sll!:Wii:v
gates. . Th!s.I~is f!I~. .d'~tbl~ment 2"al}d is attached to the Qriglna1miFitlf.eson file In
~~, qtri.='t~Ofl\ir.....i~9~~_ s. q~;il~~~...... w~ether it as aCOndition(lf;approval~t. 'latv ~~r<~
ptOvld"utci ~'resraefit;S;df: l:fOOtane; I , it " ,
"
M. Ie.. hae!.,. R~mpf,. Pla~.ni~811Zo~i.n[1.9 .....,10ir-~.~.rl saidtha.tCity. waterwpuIq be. (:!rovid.' ~to. residents
ontBamb'OOLClnewhoare"djJliijrlI:l'i' accessing water/via a wel.lal'idany" othejrs who have
negottated. .
Ff4ldCanoV8, 815 BambOo Lane, l)elray Beach,presentedia letter with exhibits to the
CommiSsIon. These Items are; marked "Attachment 3" and are attached ,to the original minutes
onfi~ in the. offlceof.the CitY crer:k. He wasconcemed regarding. safe access Into Bamboo
Lan"ThE! developer -neepstoaddressthis by either w1deningthe'errtrance or making the
a~sthi'ough Vlrglnla'Gardens.
Mr,. Carlo'<cl' was alSo concerned 'regarding the 47' high roofIinenext to hls6ne;sb)ry home.
ThiSijiew deslgnatlonwlllailow thedevelo~rto build a 45!highbLllldlng. Thls'will,~~e an
enVji'bnmerital impact on h/sihCln'le. He would be much more amenable to the zoning change if
theVooLiId'bnly'buncrto:a height of 30',
Mr. Canova said thal:.a PUD should relate to the characteristics of the surtoundlngar'ea. This
prqposedcjevelopment Is adj~cent to one-story residential homes and Is otit of scale with its
suli1)undln~s' It doe$l1ot ri1~the definition of a PUD.
, ,
AllSennojl h.in....ctj;jI)~J...y !f'eadt',stated that there appears to be some Inconsistency
betoveen the' Slteplan:'al'\d .~Ie!eval!lons lD~ the eight bUildingsbordElring '~eral Highway.; The
ele.VaUons'~howa ~i<ltiqri qflWildlngswith a green area in between and the site. plan shows
no~ratibns,He $aid l:ha~ Aalrryer Road empties out Into theE!J11;/'anC~ayof the .~.~ofts
prqj~ there Is nQoff"*~tpark/n9 ar;lywhere around Dakota tofts and because ofithis,
tf1~n~ to be':,SOme ~r:ii~"'dlTler'It to,tl;te plan, which prQVldes9n1yfive guest SPOts for
parking. ., .
3
Meliltill~ lt4l1lU~
'~~~l:it:y:Colnmlssfoll
.8q;;j1totl'i~i~()rlda
:,,, $,~~ :': '
~l;':.? ~
. . '. ". 'Ja,,~~~(1S;'~QQ~
Press Tompkins, engineer and planner for Dakota Lofts, sai(:i that there is no legal
d~mentof recC)rO that they can find that creates VirQinia Gardens or Bamboo lane. Hedoes
not...mearyY$atth~~"n~exi$t'.~\. '.I!~I~~..1:raffl<r'.i$Sl:!Sr'~i$!ibmi~e&:il!~~C
"r~l1lt'tAtl:ieClty,\iYlilch:,g~m"B~~$,C1ZPli!!1tY:_PPrj)Vei:l'i Spn!W<t~;.R~tlrjl1ht~l,~
trjpsadl!Y and ~mly 190 .tri.~. ifi:lifYWP\.dd~:g,~~:' WJtIj\t',Eil21~~i~~,,;3tl:i~,,~
pr~~.t?~Qe!:h~'T!)edii;lf,J'.a\'ldm~~'~~; The,'lJel9ht.ofth~bOitdirigs,Wo.\l@.be
47~ltQ"8,tirn.~'itQp':Of,)tAi.l. .,......~lfI;lfI;jlldi~;a:i1d.4:2i'. tC)'!:he.rneal1.rOq/';;1.~. . . .t$r~.'~~1Qpaque
.Win@' ..tii~etf~..:.:t~~.;,,, ",'m~~;p' ..... .....;'ah~... "il;ii.:>.i;;>';;~i7;;'~~;;'''''!':;':;'~le
'" 'c.-''''''' : ""'.':.:"';~~-:~"~~'" ,.,.,"~..r:':.;" ,.p.";.f~~~-~' --..';' '''''~':'.~':~~~~~''''~,~.~~~,~~Jr''~.t'~\.ir~~.. ~"
~w". ...,I!:l>.MI_.....1il:\~;;lli,;~.... ""i"" ..~b":;1fhI;\,,~., ,,'.' Gd
.:,_~".,.I;, .,< '..",,~1~:~'St~~~. "~..,..~:~":r/"'.:y:":x \;;"w:.,,;. "~' ~'!':!~'-f( ",-:i ,j ;i'JI"":'/'('~\'''''~'':'l'-c. ';'~~,";!'~,,~';i.::: "./-;---"~ <'.-:< .J:p~':
. . . , " ..",. iii""': . ,SO ....... ; "..'Mi., " ...."',,'<,..... .
", "_'~"""."'._ ".'. .:.",:'1, c.__," ,_, ", ".".~""",: ..1 :.,J'ifi..,!IjjI~\~~""!i " 14!4'~.
1/. '. .2"7'" . .",. ..'
.snow ".'..' e.
};>. _ _ ".": _ 0:~h~;-j , , ' ',",l,_ l'-,f~r'i:: "j , ..' "..,.: ' ,:'L,::::i'.: '!':,", " ".,'i:,.!'; "~h:~i""h")11; _ ,~{,' +. '_ ," _ _ :' _ r; _:_',
.:._e"!,:~q~~illi~iOl'\er!iFerg~S~n;'M1'i::P<UI)1Pfi$lte4~~',:tIW'~~.~MP!:~~~'.1n
,;,.\,,;..:0 i~~::l".t. 'iii' l":;r, ' I.' C' :i'" <, i' ;"" ,::
'.~~;~'Fergu~i:noved tl?: approve the lanpr.merii'ldrezonin~'''fol\Dak6t8'LofI;s. r\Jiee
~~ ~nd see6nlled.:ttiemotiQn th~t~rried ur'\alilmou$ly.
\;Ir-t j .: :-d-. i, ,{i- 'r I !'
::r'S.ij,.;;, 'NotiCE!; (:)ftlrltent(~ut!i(jnIHo.R02.,Qo6}~aQopt.pen~ingLandDevelopment
Amendment
aty Attomey cnerqt; Stated that this was listed under Public Hearing to afford the public an
oppbrtunityto comm~t '
Planning Sl Zohlhg,'DirectorMlchaeI:Rumpf explailledi that t\'li~ issu!! was raised by the
neighboring reslden~i who were concemedregardlngthe maxlmumdevelopmentpoteRtiafon
vacant parcels In theM,! zonlflg,distrlcton the south end of Congress Avenue. Th~reare a
vast ntlm~~ 6fjlitl~~IUSf!Stha,t CQ!Jld QJrrentlyi~ ~oni th~remainlnglar}d. ,Staff
i~pte~ to: evallJ~the cu!1'elit l'egulatiOl'lS and/Will haye!recotomendations 11'\ six m9nl:t!S.
I
Comtnlsslqner Fisher asked whether all the homeowner ,~latlons ,tIilat surroun~t\'llsfarea
could be n9t1fl~.of'thisplahned six-month ~dy. BOth CIty Attorney Cheraf and Mt. R\.impf
replledlh tneilffirm~e. ..
: ;
Motion '. ,
Commissioner. Fisher moveQ to approve the Nqtlce of. Intent with the amendment that the
homeowner assodatiiJnS surrounding this area will'be no~ffed. Motio.nwaS seconped by Vice
MayOr Weiland and(l~rriecl una"fmo~sly.
)(DJL' UJlfFl!\lISHE.BUSJNESS:
A. Cot!tinued djseusslon,of enfOrcement of ~~urrent fegulatipnsrequlring ,shade
canopl~ to be cl~flnect as "strUctures" and, therefore, subject to building! codes
and zoning regulation$
4
Meeting Minutes
Planning & Development Board
Boynton Beach, FL 33426
January 22, 2002
5. Communications and Announcements
A. Planning and Zoning Report
1 Final disposition of the December 26, 2001 Planning and
Development Board Meeting agenda items.
Mr Rumpf reported on the following action taken by the City Commission at the
January 2, 2002 meeting:
1 The High Ridge PID Items were all approved. This includes
the Master Plan Modification, the corresponding Site Plan
Approval, and the Master Use Approval list for the entire
PID
2. The Woolbright Medical Building site plan extension was
approved.
3. Krispy Kreme Project Comprehensive Plan Amendment and
Rezoning was approved under Public Hearing.
4 The Krispy Kreme site plan was approved with additional
conditions.
5. Mobil on the Run Major Site Plan Modification was
approved.
6. The Calvary Chapel items were adopted on second reading.
Mr Rumpf reported on the following action taken by the City Commission at the
January 15, 2002 meeting:
1. Under Public Hearing, the, Land Use Amendment, Rezoning
and Site Plan for Dakota Lofts were approved.
2. The Marouf Car Wash Site Plan was approved with additional
conditions.
3. The Krispy Kreme Land Use Plan Amendment and Rezoning
were approved on first reading.
Vice Chair Myott pointed out that the Dakota Lofts and Marouf Car Wash were
CRA items, which Mr Rumpf acknowledged was correct.
6. Old Business
A. Code Review
1
Project Name:
Agent:
Owner'
Location:
Definition of Height/Height Exception
Bradley Miller, AICP
N/A
Citywide
2
Meeting Minutes
RegUI~r'City Commission
Bgvnton'~c:h. Florida
Februarv 5. 20p2
Motion
CommissiOner Ferguson moved to approve proposed Ordinance No,. 02-004 and Commissioner
Fisher seconded the motion. Oty Clerk P.rainito cCllled the roll and the motion carried
unanimously.
5. Proposed Ordinance No. 02-005 Re: Amending Section 18-
181(A)(4} Of the .Firefighters' PensIon Plan to permit the purchase of
Inve$1:mElnt ,glC\de bonds with not greater th,!n 10% of the fixed income
portfoUo,ilm.ending ?Ettian 1l}-183 (a) to prQVide for three:-year
aver~ing inthe'eomputiin:i:on of average;f!ha[ cllmpensatlon, and creating
Section 18'-184proMiding for the potentiaf paymembf a 13th rnonth!y
pension payment
City Attorney read Proposed Ordln;:lnce No. 02~00S by title only.
Warren llmm, 130 NE 26th Avenue, #301, questioned the 13th monthly payment.
City Manager Bressner explained that the 13tll check would be a lump sum payment to
distribute Investll'ient eamings over and above abase level.
MQtion
Commissioner Asher moved to approve proposed Ordinance No. 02-005 and the motion was
seconded by CommisslbnerFerguson. City Clerk Pralnito called the roll and the motion passed
unanimously.
B. Ordinances - 1st Reading
1. Proposed Ordinance No. 02-006 Re: Dakota. Lofts
Reclassify from Local Retail Commercial and Low Density Residential to
High Density Residential
Oty Attorney read Proposed Ordinance No. 02-006 by title only.
Motion
Commissioner Ferguson moved to approve proposed Ordinance No. 02-006 and VIce Mayor
.
Weiland seconded the motion. Oty Clerk Pralnlto called the roll and the motiOn passed
unanimously .
2. Pro~ Ordinance .No. 02-007 Re: Dakota Lofts - Rezone
from C-3 Community Commercial and R+AA Single-family Residential to
Planned Unit Development (PUD)
City Attorney read Proposed Ordinance No. 02-007 by title only.
18
Meeting Minutes
RegularCityCommlS$lon
BovntOnBeach. Flolida
Februarv S. 2002
Motlc~n
Vice Mayor Weiland moved to .approve proposed Ordinance No. 02-007 and the motion was
seconded by Commissioner Ferguson. City Clerk Prainitocalled the roll and the motion passed
unanimously.
3. Proposed Ordinance No. 02-008 Re: Amending Chapter 9,
City of Boynton B'eachCode ofOrdinahces, providing for compliance with
NFPA 1, Fire Prevention Codes, 2000 Edition
Oty Attorney rea~l ProposedOrdii1ance No. 02~008 by tltle only.
CommisSioner Ferguson commented that the NFPA is located in Massachusetts and some of the
items in the code are not~rtlnent to our area. For instance,$ter1ing Village had to spend
$35,000 for exit lights that are not needed'. He is not in favor ofthisordii1ance.
Commissioner Fisher asked whether we could remove certain sections that are not pertinent to
the City.
Oty Manager Bressner did not recommend doing this as these Fire Prevention Codes are based
on national standards for all regions of the country. The Oty can adopt local amendments to
this code.
Fire Chief Bingham said that there is latitude in the code that allows the fire chief or the fire
marshal, to make decisions.
Vice Mayor Weiland agreed with the comments made by Commissioner Ferguson. This code is
a mandate for condominiums, schools, etc. to upgrade items; however, there are no provisions
to help finance them. He urged the Commission to review this code.
Fire Chief Bingham stated that the issue before the CommiSSion is simply to adjust the Oty's
Chapter .~ to the 2000 edition of the Fire Prevention Codes rather than the outdated 1997
edition. It also tightens up some language dealing with tl\e sale of fireworks and addresses the
issue of gate access into certain developments. FIl'eChi~ Bingham stated that incentives are
now provided for developers that have fully sprinklered buildings. Their plan review~, as well
as their annual inspection, will' be reduced by 50%. , '
Vice Mayor Weiland commented that the Commission should have looked ata deduction on the
fire assessment, as wen, when people went beyond the minimum requirements.
Motion
ComniissionerFisher moved to approve proposed Ordinance No. 02-008 and Commissioner
M<:Cray seconded the motion.OtyQerk Prainito called the roll and the motion carried 3 to 2
with Vice Mayor Weiland and Commissioner Ferguson dissenting.
4. Proposed Ordinance No. 02-009 Re: Amending Chapter
14, Motor VehicleS and Traffic, creating a new subsection to provide for
19
Meeting Minutes (,
Community Redevelopment Agency
BoyntonBea~, Floriqa
/"
'....'L../
. February 12, 2002
to go out and meet with the community and get their input about what they would like to
see happen.
HeoartofBoynton
Staff is continuing to work ona Comprehensive Plan amendment for the April 2002
cycle. the City Manager's offi~ is initiating negotiations with the County regarding a
pQSsibleland swap that wO\:lld facilitate the trc!nsfer of the Cheny Hill Housing site to the
CitY . This reference is to the siteonfy, not the public housing units. Later in this meeting
theaoard will be asked to expand the core area of its boundary to include the MLK
Corridor
Federal HighWay
Staff is currently finalizing the standards and criteria for the Mixed Use and Mixed-Use
Light Zoning Districts that have been authorized by the City Commission for inclusion in
the Zoning Code.
Urban P1aflnlng Group
Chair Finkelstein asked Mr Greene for an update. Mr Greene spoke to Mr Jim Nardi
and he has everything he needs to begin making offers. Chair Finkelstein asked if the
CRA could prioritize his offers. Mr, Gre.ene responded that Mr Nardi was concentl'Clting
on the key areas thafthe CRA had identified Within its boundaries.
Work Plan Status
Mr; Greene provided a written status report on the Work Plan items to the Board. The
tentative City Commission approval date for the way-finding signage program was not
going to take place on February 19, and all other items were proceeding as described.
C. Future Agenda Items
Mr. Greene acMsed that there were no future agenda items at this time.
D. COll1missionActlon
At the January 15, 2002 City Commission meeting, Dakota Lofts and Maroufs Car Wash
were approved. .
Vice Chair Heavilinreferred to the Work Plan Status Report and stated that the CRA had
identified specific parcels and she did not see them on. the report, except for the public
parking west of Federal Highway. Mr. Greene said that this item repF8Sentsthe parcels
that are being acquired at this time. Chairman Finkelstein stated that he believed she
meant the triangular lilhaped . section from the core area. Mr. Greene agreed and said
that the core area runs from Second Avenue on the south to Tenth Avenue on the north,
east of the railroad tracks. Within that core area there is a site that has been ideritified
for public parking and that site cOnsists of approximately six or seven parcels. Those
were the target parcels, the part of the core area to be acquired, Chairman Finkelstein
5
Meeting Minutes (_,
Coriimunj~R~development Agency
Boynton BeaCh, Floridli
',.,/
February 12, 2002
thought they were acquiring those parcels for redevelopment, not specifically for public
parking. Mr Greene..explained that in the course of acquiring the property, one of the
things they m<\ly runi~to is a situation where there may be difficulty acql.liring certain
parcels ofl/:mdand ittnay be n.ece~ary. tq engage in eminent domain. A requirement of
eXercising e.minent domajni11 the existe(1<::e of a pl.lblic purpose. The puqJic purpose for
thes.eparcels,iil. public Plirkin9 and the reason wen.ave a need for public parking is
betausetheCity has a. JeEl"in-Ueu ofpa~ing ordinance in pla<>> tRatabligates the City.
When pepPle pay thls fElEl"In,.lieu of proViding parking on site, the City has to have
parking c:lteas avaUa,ble for them, The point is that once YOLl have a site for public
parking, that public pa.rking can be surface prgaragei and ~e can be all kinds of
develOpiTrieflt on toP of, i.J[I~er,orassoci\l!edwiththa!Pl!rking..but.there wiObe public
parking on that site and that is why .thesiteisbeing acquired.
VI. Unfinished BUsiness
A. Code Review.. tleflnltlon of Height/Height Exception
AgentBradley Millet, AICP
Chair Finkelstein staled that .this item was a reqlJest for a code review to revise the
definition of "Suilding Heig~rfoundin Land Development Regulations Chapter 1, Article
II and to add "places or assembly. to the list of exceptions to the maximum building
height found in Land Development Regulations Chapter 2, Section 4.F.2.
Mr. Michael Rumpf, Planning & Zoning Director, advised that the Planning &
Development Board had voted at its December 26, 2001 meeting to approve the two
code amendments regarding building height, Upon further review by Planning and Legal
staff, substitute la~guage' is proposed regarding the height exception portion of the code
review. The tenn ~plaCes of assembly" replaces the originally proposed .church height"
in the height exception list. Mr. Rumpf explained that the new definition would include
churches, temples, and other places of worship, and also theaters, auditoriums,
conference centers, clubs, lodges, and fraternal organizations. This language is. being
brought before th,e CRA' for a recommendation. It will then proceed to the City
Commission for final approval.
The item was brought to the City by the agent, Bradley Miller, for the First Baptist
Church, in connection with a pran to expand the Church located near City Hall. As
prerequisite to prqcesslng the site plan, which will ultimately come before the CRA as
well, the Code must be amended to accommodate planned building height. The request
is twofold; first, amend the list.of elements for USlilS eligible for-height and second,
change the mettlodology of measuring building hfilight. The current method measures to
the peak of any roof or element that extends above thereof. However, this can often
discourage architectural enhancements and misrepresent the real height of a building,
The change will allow those smaller or narrower portions of a roof to be excluded. This
methodology is also being used by other jurisdictions, including Palm !:leaCh County.
Height exceptions will. still be reviewed on a caslil.-by"case baSIS against review criteria
for height exceptions.
6
Meeting'Minutes
Regular City Commission
Bovnton Beach. Florida
Februarv 19. 2002
of eligible projects, such as assistance to local community organizations for physical
improvements to public property or public rights-of-way such as parks, medians or other Oty-
owned property. The funds are u~d to improve the appearance of the community or provide
better services. In order to use their funds, the Commissioners' must obtain concurrence from
the remainder of the Commission because it is listed on the agenda. The only change he
recommends is to change the language with respect tothe election.
Vice Mayor Ron Weiland said that the homeowners association where he lives has a scholarship
fund for children in the neighborhood and he would like to have these kinds Of scholarships
Included in the program.
City Manager Bressner said that the policy would need to be amended because presently the
scholarship programs that are Included are the ones administered by the Oty.
Motion
Commissioner Ferguson moved to direct staff to prepare a resolution modifying the policy so
that the Commission could make donations to the Community Caring Kitchen, the YMCA
program and the Woman's Club. Commissioner Fisher seconded the motion.
Vice Mayor Weiland requested that the eligibility include other scholarship programs.
Mayor Broening said that he is willing to review other projects for eligibility but that originally
this was for capital only because the intention was to make sure it got back into the City In a
permanent way. He felt that there would have to be a general public good Involved.
Oty Manager Bressner said that the resolution will be ready for the second meeting in April.
~
The motion carried unanimously.
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 02-006 Re: Dakota Lofts
Reclassify from Local Retail Commercial and Low Density Residential to
High Density Residential
Oty Attorney Cherof read proposed Ordinance No. 02-006 by title only.
Motion
Commissioner Ferguson moved to approve proposed Ordinance No. 02-006. Commissioner
McCray seconded the motion. City Oerk Prainito called the roll and the motion passed
unanimously
13
Meeting Minutes
Regular City Commission
Bovnton Beach. Florida
Februarv 19. 2002
2. Proposed Ordinance No. 02-007 Re: Dakota Lofts - Rezone
from C-3 Community Commercial and R-1-AA Single-family Residential to
Planned Unit Development (PUD)
City Attorney Cherof read proposed Ordinance No. 02-007 by title only.
Mqtion
Commissioner McCray moved to approve proposed Ordinance No. 02-007 and Commissioner
Ferguson seconded the motion. dty derk Prainito called the roll and the motion passed
unanimously.
3. Proposed Ordinance No. 02-008 Re: Amending Chapter 9,
dty of Boynton Beach Code of Ordinances, providing for compliance with
NFPA 1, Fire Prevention Codes, 2000 Edition
dty Attorney Cherof read proposed Ordinance No. 02-0086 by title only.
Motion
Commissioner Fisher moved to approve proposed Ordinance No. 02-008. Commissioner McCray
seconded the motion. City Clerk Prainlto called the roll and the motion carried 3 to 2 with Vice
Mayor Weiland and Commissioner Ferguson dissenting.
4. Proposed Ordinance No. 02-009 Re: Amending Chapter
14, Motor Vehicles and Traffic, creating a new subsection to provide for
all signage to conform to national standards and creating a new section
providing for traffic calming measures
City Attorney Cherof read proposed Ordinance No. 02-009 by title only.
Motion
Commissioner McCray moved to approve proposed Ordinance No. 02-009 and Commissioner
Fisher seconded the motion. City Clerk Prainito called the roll and the motion passed
unanimously.
B. Ordinances - 151: Reading
None
C. Resolutions:
None
D. Other:
1. Code Review CDRV 01-005, 1)Definition of Building Height &. 2)Helght
Exception - Church Height, Citywide, Request for a code review to revise
the definition of "building height" found in Land Development Regulations
14
Duncan, Arlette
From:
Sent:
To:
Subject:
Rumpf, Michael
Wednesday, July 23, 2003 3:38 PM
Duncan. Arlette
file search
Importance:
High
Please search the Dakota Lofts original site plan file for a letter from a Ms. Conti (I think one full page or 2 pages) dated
close to the hearing date. Basically shows support for the project which was a big milestone in the process and
contributed to the approval. Thanks, MR.
~/
r?o-JP ~ /
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1
.rHt.-~4-2eu2 u2:56 PM KRI~-TEN CONTI
5E17424231
F ~ (11
Saletish Realty Inc.
532 East Ocean Ave
Boynton Beach FL 33435
561-738-6613 Office
561-738-7911 Fax
kcsellsre@f1inet.com
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Realty loc.
Date:~
To: ....Q, 1InJu. qJnlfw
Fax#: 1l/)- ~ (.08'7
Pages:-'.J
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j1/t ~JI1 4ft. J(J1J fflHJd, oJ .j:())fJ.l1J. /IJ~ I^' ;1<' JOt"," (pI1t'l'h1
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TBN-84-2G02 02 57 PM KRI -EN CONTI
551 742 4281
P 02
AGREEMENT
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nns AGREEMENT (the "Agroement"), dated this _ day of ,200_, is made by
and between DAKOTA LOFTS AT BOYNTON, LtC. a Florida limited liability company (hereinafter
called "Developer"), whose address is 2290 N. W Corporate Blvd., Suite 245, Boca Raton, Florida 33431
and David J. Conti and Kristen Conri (hereinafter called ''Owner''), whose address is I Virginia Garden,
Delray Beach. Florida 33483-6305
RECITALS
WHEREAS, Developer is the rec simple nwner of certain real property locared in the City of Boynton
Beach (the "City"), County of Palm Beach, State of Florida, being more particularly described on Exhibit
~ attached hereto and made a part hereof (hereinafter ~the Property");
WHEREAS. Developer prop<').scs to construct multi-family residential townhome units upon a portion of
the Property (hereinafter called the "Project") in accordance with the proposed sire plan which is attached
hercto as "Exblblt B" and made a part hereof, as same mllY be amended or revised from time to time by
the Developer in its sole and absolute discretion (hereinafter the ;'Site Plan");
WHEREAS, Owner is the fee simple owner of certain real property located adjacent to the Property,
being more particularly described on Exbibit "C" anached hereto and made a part hereof (hereinafter the
"Owner's Lot");
WHEREAS, Developer and Owner desire to enter into this Agreement to documllnt certain agreements
made between the parties, lIS more fully set forth herein.
NOW THEREFORE, in consideration of the mumal covenants, benefits and agreements of the parties
hereto and the sum of TEN DOLLARS ($10.00) and other good and valuable consideration re\leived, the
receipt lIIId adequacy of which Is hereby acknowledged. the parties do hel'Chy agree !lIld acknowledge the
following;
Recitals: The above recitals arc trUe and correct and are incorporated herein by this reference_
2. Easement A2J'eement. Attached hereto as Exhibit "0" and made a part hereof is an Easement
Agreement (hereinafter the "Easement Agreement"), which sets forth and provides the Owner with
certain ~"sement rights over portions of the Property The parties agree that upon the Developer's receipt
of all the City and other governmental approvals necessary for the devclopment of the Property, the
Developer and Owner shall execute an original of the attached Easement Agreement. Developer shall
record the original exccuted Easement Agreement after all of the ,ita development work and construction
throughout the Project has been completed by Developer and are available for use (as evidenced by
Developer obtaining the final sign-offs and approvals of the applicable governmental authorities), or
prior thereto. at the sole 0 tion of the De
3- Owner's Aareement to Coooerate. As consideration for the Developer entering into this
Agreement and entering into the Easement Agreement. the Owner agrees to fully cooperate with
Developer in order to ensure that the Property obtains the City and/or other governmental approvals
necessary for the development of the Project.
4 Develooer's Rillht to Create Le2al DescriDtions. The parties acknowledge and agree that the
exact legal description of tlJe Vehicular Aecess Easement Area (as more fully described in the Easement
TAH-04-.:;c00':: ~:3::: 5:= Pt'l kP 1.- ':::~~ CONT 1
5E1 74':::' 4.2:::1
p (t~
Agreement), has not been detennined, but shall be reasonably determined by Developer at a later date.
Upon Developer's dttennination of the exact legal description of the foregoing, Developer shall be
automatically pennirted, upon providing the Owner copies thereof, to attach the legal description of the
Vehicular Access Easement Area to the Easement Agreement as Exhibit "C" thereto, without any further
action, consent or approval required by the Owner
5 Effective Date. The effective date of this Agreement (the "Effective Date") shall be the date on
which the last of the parties hcreto executes this Agreement. Thc parties agree that this instnlment shall
om he recorded in the Puhlic Record~.
6. TenninationlAmendmentIModification. This Agreement (and all exhibits attached hereto
including but not limitcd to the Easement Agreement) shall be deemed automatically tenninated and of no
force or effect in the event (i) the Project is not approved by the eil\' or any other governmental bodies
having jurisdiction, in accordance with the Site Plan; (ii) Developer. in its sole discretion, elects not to
proceed with the development of thc Project; or Oii) the Owner takes any actions (or fails to act as
required herein), in a manner which is inconsistent with its obligations set forth in Paragraph J hereof.
Except as otherwise specifically provided in this Agreement, this Agreement may be amended, modified
or terminated, in whole or in part, at any time by a written instrument, executed and acknowledged by the
Developer and the Owner, or their successors or assigns.
7. Governing Law This Agreement shall be construed and enforoed in accordance with the laws of
the State of Florida, County of Palm Beach and, unless otherwise terminated as provided herein, shall be
binding upon the heirs, successors and assigns of the parties hereto, it being the intent hereof that the
rights and obligations hereunder shall run with the land and follow the ownership of each party's
respective property.
8. Liti{L8.tiol\. [fany party institutes any legal action or proceeding for breach of the provisions of
this Agreement or the enforcement of any right or obligation herein contained, the unsuccessful party in
such action or proceeding shall reimburse the successful party immediately upon demand for all
reasonable costs and expenses actually incurred in connection therewith, including, but not limited to,
reasonable attorneys' fees and eXpenses,
9 Remedies. In the event of a breach by any party hereto of any obligations hereunder. the other
parties hereto shall be entitled to obtain an injunction or to seek any other remedy available to them under
law or inequities. The parties hereto acknowledge the potential inadequacy of legal remedies and the
irreparable haml which could be caused by any such breach and in connection therewith agree to the
l'l:medy of injunction provided herein.
\ O. Exhibits. Any exhibits attached to this Agreement or any amendments or exhibits hereto that
contain sketches or depictions of lots(s). common properties, lakes, roadways, improvements, or any other
items shown on the cxhibits, if any (the "'Sketched [tem(s)), shall not be binding as to the existence, size,
dimensions, locations or identification of any other aspect of Sketched [tem(s) and shall only be for
infonnational, reference, conceptual and general schematic purposes only The Site Plan attached hereto
is a proposed and preliminary site plan of the Project and may be subject to change from time to time at
the Developer's sole and absolute discretion.
II Authority. Owner represents and warrants that it has full right and authority to execute and
deliver this Agreement and that it is the sole owner in fee simple of the Owner's Lot.
IN WITNESS WHEREOF, the Developer and the Owner have each executed this Agreement on the date
set forth below
T8t~-~4-20e2 02 59 PM YFI ~H CONTI
561 74': 42.81
P 84
XI "lnl'l -n"
EASEMENT AGRUMENl'
'11--' hv I!Id ~ to:
).qwu. M. !'WIlli', Eal!.
HOLLAND .t. KNtOHT LLP
0IlII So ~ Blvd., Sa.IIe 1300
:1. I.aderdale, Florida 13301
i:.'.O'lIfi:NT AGREEMENT
nns EASEMENT AOREEMENT (me ~- -mt ~1IIl") is III&de Ibis dsy of
.200_ by and betweon DAKOTA LOFTS AT BOYNTON. I.LC, a Florida 1imitec! liability
cOInpany ('Oeveloper"). baving its princil'll' office at 2290 N.W COI'pClI'alC Blvd... Suite 245, :8Qca R.atr:lll,
Florida 33431 and David J. Collti aNI. Kristen Conti, ("Owner"), whose addma is I Virgima GudtDa,
DeIl'ilY Besch, Florida 33483-6305.
UCITALS
WHEREAS, Developer is the fee simple owner of ceIUin real pmpetty 10C2led in PaIm.Beach County,
Florida, being more particularly described on Exbiblt .. A" allac.he<l hereto and made a pan hereof
(hereinafter tM "ProperlY");
WHEREAS, Owner is the fee s. QWI1Cl' of certain real property located adjaQtnt to the Properly. being
nlQft plU1icWar!y d.:lIOt'ib=d on V...hlhlt "'8" Ullchc:d heretO and made a part hcnof (bcrcinUlz:r the "Owner's
LoI'');
WHEREAS, Owner bas ~u=ted !bat Developer grant cermln _cnt rights to Owner, lbrthe benefit of
owner's Lot, as more fully set forth herein;
WHEREAS, Developer has agxeed to gram such easemcmt rights, "IIbject to lbe tenll5 anel ~OIIS
alnlaincd Ilmin.
NOW, TIIER.EFORE., fur and in considcmrion ofthc mlltlla! >OVemmts, benefits and agreement ofthc parties
thereto and the sum oftEN AND NO/too DOU.AA.S (Sl0.00) and otber good aNI. valuable eonsidemion,
the ~ipl and suffi<:iency ofwhlc:h an: hm:by lIcknow~p1, the patti... do hereby as- as follows:
I. Recitals. The above recitals ale tnJe and correct and illcotpOl3tl:d herein by 1hi$ I~ooe.
JAtl-[14'-2(:HJ2 0':' 5::;' Ft" KRI =-TEt"l COt-ITI
~
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561 742 4281
P (15
2. JUII!__ E_ U1d A _M. Il_t. SulUtct to my ClqlI'eSI CllIIdlwlll, limiuiriona or
resel'YIliont conc.ined hcnin, Dewloper bereby pIS UftlD Owner, lbr the benefiC of OwaII'a Lot, a
pcrpewal nOl1-exctu,lve iIIllf'", egraI aad aeee8lI "'1llI~ OVI:t md _!be roa4wayI COIlIlnlCted or 10
be CQIStr\Jdlld OIl 1hat portian of l'!qleny more partiouIIrly cleacribed 011 ~~ltlhlt "e" ......hed hereto IIld
IlWle a part hereof (tile "Vehil:ula' ACt:IIS ~. Area"), foI- vehicular traflio, together with the rigltt to
_ !be VebicIalar Al:cess ~-l Area for ad.!qumc ~ unobstriJcb:d vdliculer P-l "r!' to and A'oll1
Vifginia ~ (said roadway beinS 10l'llled within !be "",tt...~ bounduy of the Property), l!lId Ibmbon
Lane (&lid l'1*Iway beina ~ IIdjllceat to tile $01lthaiy bou.ndary oldie Propirty). The -lIIlel1t snmm
ba1:in sbalL be fur ingraa, egress and access putllOfeS, forflle lilt 8Dd ber1e.flt of all ~ IIId 1iIan __
of aU or any portion ofOwnet's Lol, but $ballllOC ioducle the right III poric upon my padon of the VehDdar
Access Easement Ala or any other poniOll ol1he Property.
A. Rigllt to relocale. Developer sbaII bave the unilat=! ..;ght, but not the obligation, at any
time, in ia llOle disc:reCion IIId lit ilIlClIoCOlt and expense, 10 rtJQCate the Vehicular Aec:ess EasemeIIt
Area provided tha1 such relocation of \be V cbil:. ACCCSI Easement Aru. does not penDlIIICIltly
inlemlpl or prohibit vebicular access by tile OwIIer to and tIah the O'A!Ier's Lol.
B. Aecess throuilt Oates. In the event Developer intellds 10 construct entty gaIIl3 at any
enmmce to tit<: Propmy wbIcb would teSlric:t the Owner's ability to obtain ingras, ~ or ICCeI8IO
the Owner's Lot, as set fbnh Ibove, Developer shall provitlc Owner with any approprl.a IlIltry cards
or codes wblcll may be requin:d for Owner to obtain _lllrough such gates prior to ~
compl.don of tho inslallation of same. OWtla's use oftbe Vehicular Ac:cesa EuelNltlt Atea aDd any
gates whioll may be constr\lcted lIpClD tho Property shall be: subject to lIlY rules and reguIati<lllS
promulgated by the Developer or the 0eveI0pcJ" Associalion (as bereinatmr defined) from time to
time relating to same.
3. Canal ~'''''''ent Developer is 1be oWllCr of that certain property described on Exbibit flD" and
made a part hereof' (the "Canal t\Ol"'rty"), UPOll whIch 15 <:OllScno:ted a canal. Subject 10 any ~
conditions, limitations or mervauollS c:onlllilled haeiD. Developer hereby grants unto Owner, for the benefit
of Owtwl's Lot, petpetuaI non.ex.cluslve _em riglrtl to: (i) consll'llCt, ilIstall and mainlllin a dock (the
"Owocr'$ Dock") within the CaIIaI P>opcity; IJld (ii) for access r:1Ver and..:ass the Canal Property, fromlho
Owner's Dock 10 the Jntracoaslal wmrway, w~h is l~ adjacentto and east of the Canal1>roperty.
A. ~DCr's AllMlVaI af Owna~s Ooek. Prior to c:ommencing the conSUllCticln or
installation of a dock, or any m1ovatiOlls to a dock: which cUtmltly or may exisr wldtin [he CmaJ
Property from lime to lime, Owner shall submit all phm, and S'fl'lCificmiollS for the proposed
dock, or renovations (the "Oock Plans") to ne....eloptr for Developer's prior written approval of
same, sucI1 approval not to be unreasonably withheld. The Owner's DOI:k shall be <;QI\structed
and maintained in accordance with the Dock Pl~ and all appli..ble laws, codes, ordinan~ and
regulations of governmental emilie. baving jurl:ld.lction O\'1!r the Canal Property.
Notwithstanding the foregoing, no docks or other relau:rl implO'Vement9 shall be constnll;ll:d,
erected Of placed by Owner within the Canal Property, nor shall the Canal PI'Op"rty be used by the
Owner in a 1IWIIlel', wbieb would rostrict Of limit Ibe &bility of od1cr third pcti... baving rigbb; tg ~
the Canal Property to navigate boats IlIIll other vessels within the Canal Propmy. Oevelopers
approval of tile Ooelc PWls sballllOt be deeme<1 to be IlllreaSOnably witllMJd jf such :Doclo: PIaDs I/,le
deemed by the I:Jcy"lope< to nepuvol)' lUll:ol the right .",l lIbilily of any mini portioo "" ~ lhe
CaIIaJ Propcny.
B. Maintenance of Dock. The Owaa's Oock shall bemail\Qhtc:d at all times by Owner, at its
solo <:OSt aM tll.pOllse, it! a neat md. ,isbtJy c:ondition and in good working order. The rights gJ'8II1lld
10 Owner IlIlder this P............pb 3 are for ~ of permitting the exis~ of the Ownet'~ Oook
which i$ or may be locatrd within !be Canall'roperty from time to time, and sball in<:lude the riabt of
JHN-~4-L~~~ ~= ~~ ~M K~ls~r~N CONTI 561 742 4281 P 06
.J. dI no~~~: ,(!JJ/l ~~..&. 0.. r KL-cR~1!I111 mf fA.
fd-fftjj; k),h f1UJ ~ (fJ/) bt' or ~ ff1'r(J.CfJ.
__ aver 1M eaa! P\~lt 81 may be necaury tbt Ownct 10 provld& aorMaJ IIIIll'OllCiM
m.:-.......lIIld n=pUs 10 the 0wMr'J Doek. Nothing CQIIDined Iunin slllll be """"'''lIlll Rnllt to
die Owner the right 10 I1lpl.-ce llI' reconstI'\I.Ct the Owner's Dock or to consauct allY new doeIcs within
the Callal Property witbout obtaining the prior writlal appnw.U at die DeYeloper, In addition to
mainlllilling 115 dock, tho Owner sbaII be required to main..m ucI trizn any trees Io:aled widJin lb.
OwDer's Lots which ~ wltbilllUll:cD (IS) ftlet oftbe c-I Plv.,aty sotMt all limbs and branchc:s
ate at least tweIIly-fivo (25) _ from tho glCund at all times and .so that sueh uees do DOt ob$cruct the
view ofth. CmaI ~p:ty by :my parties owning;l.lI or any portion of the !\~jleilY. rn the ~
0wIIc:r IlWl mil to llIlIintaill dle _ in a rnauw as see fbJtll. above, !bII ~'IIclpeI IMI<< lhe
DeveIoper's .Assocladoo sball have the right. but net lhe obllf.Ptlon.. to taka such 8CdlmJ ucI !ncIlr
such ~ as may be IIlUllJWbly requiral to maintain the _, in which event Ownet- shaIJ repay
(' Developer ardIor 1be Dewlcpet~ A8ri.tl"", as ..ppopdare, such _ of moDe)' (eUOIlIbly
.~ by OeveJoper or lhc Dc'/dQp<<'s AssocialiOll in performing same witbin .. (10) days Jfu:r
wrillcD n~ from Develop4llr or DeveIoper'I A~atiOll.
C. Maintenance of r...nAI Prooerrv. The Dsve10per iUld10r the Oev.lopa's AI8oc:i.rloD may
l'"..funn my aWntetlallee and replIirs to the Canal Property as and whea it deems it DecII!IllU)'
from time to tiIlle, in its sol. and absolua dlSQ'etloD, willlo"t the need of oblainiaS the approval
of the Owner or lIIIY other thitd pardes. AI! ~ ~d llllpellliC' ineunwd by the Ocveloper IIl1d/OI'
the Developer's Aasociatioo in eonnc:c;tion thellilWltll shall be divided in lID equi1able manner and
on a pto-raU basis bctw=l all partiClll havillg doclu within the CanaJ !'nJperty.
D. Contribution bv Owner The Owner shall share, on a pro-rata basis, ill all costs inc1ltred
by the Ocv$.loper anellor the Developers Association ill performing any maintImance and/or
repeirs to the Can.a.I Property (the "M.ainlt1l8llCe Costs"). Tho Owner's obliptlon to pay II pro-
I'lIta .bare of the Maintenance Costs shall commence on the <1ate on which this Easement
Agr=ent is recorded in the Public R.ecords of Palm Besch Col1llty, P1orlda. The Owner's share
of the Maintenance CoslS (hereinafter the "Ownets Pro-Rata Share") shall be determined by
multiplying the total Me.intellanCe CostS by a ftaction. tho nwnentor ofwhic:h is the total square
footage of the seawall located within the Owner's Lot and/ol' the Canal Piopetty IQQo,led adjacent
thetdo (the "Ownet's Seawall"). the denominator of which is the total square footage of all
seawalls constl'llCf,ed within the Can.11'ropaty or the land located adjacent thereto. FOr example:
,.
Owner's Pro-RaUl SiIaJ>l ~ Maintenance Costs x TotlIl Sa. III of Owner's Seawall
Total Sq. Ft. orau do<:ieJ witllin the
Canal Propomy andIortlle land :!djacent tlIe1eto
The Developer mellor the Developer's Associatloll, shall be permi~ to incr;a:le or docreaae the
total square foocage of all seawalls within the Canal Property at any time, and in its lole and
absolute discretion, subject however to any applicable zoning restrieliona, and the provisions of
this Paragrwph.
E. If the Ownel' lllils to pay the Owner's Pro-Rata Share of the Main_co Costs within
thirty (30) days after ~ for payment by Developer or the Developer's Asscciation,
~eloper and/or the Developer's Assoel.tioll shall have all rights aDd retlledles available in l;.w
and equity All sums du.., if not paid within oaid thiny (30) day perlc:>d, shall bcar intcn:st from
the due date It a rate equal to the highest lawful rate. In th.. ovent Developel' and/or the
Developer' 5 /USoclation is ftllJuired to collKt ~y UIl~id amolllltS through coll~OD and/or
litigation, Developer or the Developer'S Assoclation sh8Il be entitled to "",,OYeI' tTom the Owncr
its reasonable dO...qa fees and expeases. lbe Dewloper aa.dIor tho Developer's As.Iociati.on
$hall ha'Ye tIoc rip to SlIIpGWIlIII 0wIler's rJPu to \I$Cl 1M QIlIIII ProP<<\)' for lIQY ]l<<iod during
which the OwlIer's Pro-ltaIa Share of allY M.inun....... Costs lllmalnllllqllid and delinquent
Y~tl-n4-2002 O~ 01 FM '.RI--EN CONTI
561 7.~2 4281
F 07
The Owner sbIll not: bo pllrIIlitred to waive Dr odIerwise l:IDapO lIAblIity fer dlI Owur's Pto-Rata
Shire bynon.1III oflbeOtmtr's Dock.or~ CaaIl Proporty.
4. U. of "----t Ri""'lIIIn~lIificariim Tbe CasclllClIt ri&h1S grIIlml hcnIin shall be IIIled by
Owner in such. IlWlllU tb&t: (i) iSllOllli~t willi any bulldlnp md i.tIp."vllll1i1111l1 ~ upcIII or
to be collStnlC\llld upOll r.I>c: Property; (h') is cOllSiSent willi ancl willllOt inlIlri'erc with the rights of the
Developer, the Dcwl<ll*'s AssociatioQ or any third pony to exercise aDd CIljoy any righll it may h.", to
\l5ll the C_l PropertY; and (Hi) wl1\ minimize inMof~_ with 1M wUI be comped.ble ...1111 the
coaaQ"llCtioIl and uu ofbWdill8JS IIIld improvemealL Tho 0wDI:t sh&lllftd-ll1ry. Illd hold 1be Donloper
and the Developer's Amci8tion h<<mless f'rgm and against all charges, claims. 1ialIiliti.. 1M ~
(iacludill(l reaaouablc a\lXIn1cy5 fees and ~) related to lICCidcIlts, injwics, loss or ~... of or to
IUIY person or propertY aru>mg irom me vwner's and its gIlC3ts. IictDsecs aDd invitce.s,..., oflho 1'ropcrty,
oc any c"roon ihen:of, and thl': Ownl!l"s Dock,
5. A..il!rllnent ofDevelollCl"s Ri.mts. The parties agree tlw: Developer shall at all times have tile
right lD convey the Property llldIor assign la Dc:velopcr'S riglds and obligstions heretmdcrlD. projltrt,Y
owners associ.aliou. hOlllcowners llSSllcialloll, andlor condomiDium association ereated by Developer lbr
purposes ofmaint3inioll the Property by ~s of conveying all or any portion ofdle Property to said
ISSOl:iation(5), $llbmittillg all or ally pardon oftbe I'n:lperty to a Declaration ofRestriotions, or by
assigning its rlsha and obligatiom hereunder to said _iation(s). UjIOn suah conveyance. submittal or
assipent. Developer shall be rtleased from all liabilities and obligatioos bereW2der and .such property
owners, homeowners or condominium owners association shall be solely ~poasIble for all obligatil!llll of
Developer hereWlder and shall have Ibe right to cnlbrcc all rip of Developer hereunder.
6. 'Bjpdinf E~ All easemtlIIt$ granted herein shall be binding upon the psrties, their respee1ive
~ lep1 ~ successors and assigns and sIIalI b. for the use and benefIt of all present uui
f'uam: OWIIm of tb. pI'OPCrtY, thtlr liImIl1t$, Q1S1O.....t'Io, ascms. invilloes, Ii_v~ g\le$9, 0CCUpBlIlS anellor
mongapes of all ot any pon\Qa of'the tl.vl"'rty' hereunder.
Miscellane<JllS.
7 Transtb- R.igll1s. Nothing C(lTItained in t\IiS Easement A~ent shall be dClClMd to be a lift ar
dedication of any portion of till! Property to the gellenU public or fur any public IISC or pwpose wIw:soever, it
beiI1g the int=tiou of the putics hereto and !heir successors and Qlisns, that nothing in lllis E~
Agreement, exprcs:scd or implied, shall oonfer upon my pelSOIl, other than the: partlas hen:to al1d IIleir
sua:=rs and assign:;, any ri~ts or remedies under or by Tl:lISOll of this Easement Agnlemem.
~
8.
a IfJJV ~
A. If any provision of this Easement Apmeat, or poltlon tblnof, or the application thercafto
lllIY penon or ~, 5hal1, to 8fty elCII!nt be held inv8lid, inoparative or UlIeaforeeable, the
remainder ofthi$ ~ AgrcetlKllt, or the applic:a!ion of sudl provision or portion the=f to any
other pct'SOJl:l Or c~ shall not be afi'CQ~ thereby; it 5hall DOt be deemed !bat any such
invalid jX'Ovision affects rhe a:msideration for this Es5emcnt Agreement; srn1 each pr0vi5ion of this
EasemellC Agreemmt shall be valid and tmforceable 10 the fuIle5l extent pami1ted by law.
B. This &scment Agreement shall be cQll5ltlled in acC/Jrdsuce w1t1l !be laws of the S/alIe of
Florida.
C. NOIbinS In this E.1scment ~l':Ilt shall be oonstrUed to mak.: the parties hcmo partI1et$
or joint vtD!Un:lS 01' mlder any party liable for the debts or obligations of me otltef partia 1HmD.
D. Unlo.ss olherwi!e speoiftcal1y provltieti hetein, this BasemCllt Apmem, lID" the
cll$8tllCltt rlglltl coulllined hertir\, may not be amended, moditled, or tennlnated ~ pursuant
J~N-04-2002 83 02 FM KRI=TEN CONTI
oV<
~
561 742 4281
P ~38
(
I'
to wnllilQ .iualr1Im.m, ao'O'otooq ud Kknowltdged by all of tho plltiClS bcrc10 ot lbIir ~1IOl'1
or usiCJll, IInd rccmded ill. tbe P\llllic lblcordll of Palm ~h County, Florida.
E. 11IiI ~ A..-1bIiI be .&ct:iv. 011 tt. daI reccrdecl in die PUIic B.teorda aad
IIllaIl be lliadPlalDd iawre IOtlwblaeficot'the~... hoin, loIpl ~ NlCIIJlln lIIIIl
lS.'Iigna of Developet and Owner ,*,ia, it bWig the il\lllIIl beIeof that 1bD ri&bD IIld obllptl__
MmIDder sbaIll\lO wiIh 1bI t.nd and foJlow ~ ot'tbe Prapcty aod Ownel's Lot..
F. DewIoper mcrves tbe right to grant ..h additlonaI ~e _....dl. 1I/IlW, ~
and acrossllle Vehjclllar.w:- Easement Area and. thc CaIlaI P'/ljIClt)', u. its ...10 IIftli Ueolute
discretioo. widlout the Illltld for the consent or joi!lller 1Mnto by the Owner. or IIll)' eIDer ~
provided _ such ~ .......11'''''''' do lIQt adven'eIy aff~ or interfere with the righQ ~
to 0wlUlT ~
Go NotIlintr ~ in this Easemeat Agreematt shall be CCllISlI'I*I. as czaIiDg Ii1If'j ri&\lll ill
the genetal public or as dedicating for public IISe any portion of the Property. No easement, ~
those ""'fRSSly set forth l1etein shall be Implied by this Easement Ap-'let1t.
9 Authority" Owner MPrescnts and warrants that it has full right and autJlority to execute and
dclivertbis Easemell1:Agreement and that it is the sole "wner in fee silllple "fthe Own~$ Lot.
IN WITNESS WHEREOF. dte Developer and the Owner have each exocullcd this &sement Agrm\Ml!t
on the _ set Cor1ll below.
Signed and scaled in lbe
DAKOTA LOFTS AT BOYNTON, ILC. a
Florida limited liability company
By'
Print NlIIlIe'
Title:
Print Name;
Print Name:
Datil:
STAlE Of' l'LORIDA
COUNT'i OF
)
)
)
The foregoing insmtment _ aekllcwlcdgcd before me thi. day of .
200_. by . as of DAKOTA LOl'TS AT BOYNTON.
LLC, a Florida limited liability company, on behalf of said COI1Ipany He/She is personally known to me
or Ilu produced as ideDtiti~oll.
(SIGNATURE 01' NOTARY PUBLIC)
(Name of Notary, typed. prinred or sQalped)
(Titlo or rmk (serialllUIIIber,lf lIIlY)
JRtt-04-2n02 03:02 PM t~I-~EN CONTI
561 -'42 4:'~~ 1
F 09
-.
. ~ oil t I
-MINUTES ~ PLAHHIHG ~D DEVEl.OPMEHT BOARD MEETING
BOYNTON BEACH. FLORIDA
NOVeMBER 9. 1993
Motion
Mr. Miller moved that we accept this proposal to rezone from RM to R-1A and show
it as consistent with the Comprehensive Plan and accept staff recommendations
for the annexatIon. Mr. Weigle seconded the motlon whlch carried unanImously.
Owner:
Locatlon:
KopllmlZlan ~p.rty -
Annexation Program
(Application '10)
Michael H. Hopl~fan
The 0.21 acre parcel located approxlmately 400 feet
east of Federal HIghway, immedlately south of
Colonial Club Condominium ('2 V1rginia Gardens)
Requests to show annexed land as Moderate Dens1ty
Residential and to rezone from RM (Residential
MedIum DensIty) in Palm Beach County to R-1-A
(SIngle Family Resfdentlal).
,
10. Project:
Descrlptlon:
This property 15 lnrnediately west of Appllcatlon '9, and the situation is simi-
lar to that of Application '9. The current use is a Single-family home and no
change 15 proposed. Staff's recommendatton Is the same as that of ApplIcatIon
119.
-
Mr. Rumpf confIrmed for Chairman Lehnertz that vlrglnla Gardens
~exed lnto the City along with App11cations #9 and 10.
THERE WAS NO ONE PRESENT TO SPEAK ON PUBLIC HEARING.
Motton
Mr. Dube moved to accept the Planning and Zoning Department's recommendatIon to
annex the LewIs property*, existing land use of MR5 to Medium Density Residen-
tial, eXistIng zonin9 RM (ReSidential Me~lum Density) to R-IA (Single famIlY).
and to show it as consistent with the Comprehensive Pla.n. Vice Chairwoman
Huckle seconded the motton which carrle~ unanimously.
*$., note Ifter APDltcltton '11 ~tlon.
11. ProJect:
lwt s Property .
Annexation Program
(AppHcatlon Ill)
Sally Lewis
The 0.11 acre parcel located on the east s'de of
Old Dixie H1ghway. approxtmately 845 feet west of
federal Highway
Requests to show annexed land as Medium Density
Residential and to rezone from RM (Resldent1al
Medium DenSIty) tn Palm Beach County to R-1
(Slngle-Fam1Iy ReSIdential).
The current use on this property 15 a single-famIlY home and no Change 1s pro-
posed. Thls appltcatlon Is consistent with the Future Land Use Map and the
poll~1es of the Comprehensive Plan.
OWner:
Location:
Oescrtption:
- 10 -
P.10
AUTOMATIC COVER SHEET
DATE
: JAN-04-2002 03:03 PM
TO
.
.
FAX
#: 7426089
FROM : KRISTEN CONTI
FAX #: 561 742 4281
10 PAGES WERE SENT
(INCLUDING THIS COVER SHEET)
07/,3/2003 17:38 5617387'
SALEFISH I~EALTY-
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532 East Ocean Avelllle BOYI'IOIl Ik( 'h "1 ' 4
561-738-6613 Otlke 56 1- n8...~ ,IJ I Fa
Pages i!lcl~ding this one: / f Dale ~:JJ.~._-
From .:ha desk of ~
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07/2:1/2003 17: 38
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~)S':de.fif.h Realty. Inc.
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roolll'Mr. Greene,
On bebaIf of the homeowners potentinlly aftected by the Ilropo:1lll1 developmilnt of tile Dak~
lo:fls towl1home project in Boynton lleacb, I would like '" malce the membe:r! oftbe eRA a~IIU
of:leVeI1Il concerns that still eDCist.
III ,1 meeting held at City Hall Monday, January 7, 2002, t.1Je re.'lidents & dtlVelopers.mr:lt with dt
officials acting as &cilitators. During ~his meeting, Mr G'rcene made the s:atemerrt thllt "o:le llil
do'~ not fit all" in reference to this Pl'i)ject. The area we are dealing witn:s very ul'uql.le in thnt
half the resident$ are city taxpayers ard the other half are in a county pOl.bt. Our lldrl:ess is a.
Iielray Beach address but we pay city ofBO'yJIton taxes. There, are sev~n.l e1:lemerlts & q~ it-
clam deeds that were presented to thr: developers by the residents a:tiding (;olltUsio/l t~ an l Jrear
c)lDplicated situation. All homeowners had received a legal dCClJIment flom the de>/eloper' I
a:;t,)mey on Saturday, January 5, 200:: stating what would be n:quired OfU91:C continrH qu et
e::!iC1ymcnt of our properties. This SeJ "eel to create more :listrullt & c:hs.os :ull(lngst hC>f'oem IIlr;:rl
who purchased their properties based 'In thEir water right!: & the neighburing RIAA l:oninli.
11 eppeared at the end of the meeting )esterdaythat a melibng ufthr~ mlnd! ViliS feaJibl" by
tOllight's meeting. My phone began ri nging early this maning 'Mth cOllcilned neighb-J rs bl ingin
up their various issues. Some want f(, requ($l the eRA tllble the iSllUe \lllti! I~ ofthis new
irlfbnnation can be verified. Others 81', prepared. to negotiate t:>ward supporting the jll'Opoletl
zoning chqe & subsequent development. I am here to Ir~ YOII hlllow that s\1l;h discf\,pancies
fIlmain.
III lairnesa to the developers, I calJedl,{ack Bagley this aflemo'Jn to tell urn that th::ir '/Ver< still
unresolved issues. He stated that he had berm working 011 the resohltion t(, th~se conlllms ml;,sl
oflhe day & it is already close to 5'00 p.m., it was not Ilossihle 6;,1' m.e tu !peak t'J ILll the
f115idents fur their feedback before tht meeting tonight. Therefore; I hesitate to malre l'issurnp'ti:c I,i
on behalf of others.
10 the best of my Icnowledge, the full rlWing issues remaU:"
1. The reconveyance of the cana right~. to all properly owners adjac:ent tll the ilUbject ;8n,aJ
These would include non-excli,lsive rights ofuse klr cana1 purposes &; riparian light! wit
perpetuity These rights wool d be transferrable te' all SUcce3S0fll to tllll proPeIty 1 he
original quit claim deed was filed in 1952 and conlinned to be ti:t:e & c.orrec:t ill I 9~ 9
however we want to be 100% IlUre these rights ar'il neVIli' comprcm iSl=C I.
2. Reverend Dingle of3 Virginil. Garden is in posse/lsion "fa quit-daim deed gra.rd:ing him
an easement from US I to his home and 'Would lik" to see the 8r.:(:eliS via Vit'gida GU"d,,,
remain the main access for tht three homes there. The curb-cut Hnllltreet t,,,,:: be(/1 US! I
"Your Hometown Rea/tors" - Located In the' Heart of Hi5tOriC Down :0'1)11 BoyMon Bee ell
532 Ea,,! Ocean Aven\le. Boynton Beach, fL 33'!35. e.". (561) 738-E.SJ3. Fa~: (561) 1:18.;'911. IV'IV_sal.r.$'" ':'1 Ul~l
07/,3/2003 17:38
561738=' .1
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fbr this pIIIpOIe for a period 0:( lIlOI'l! than 30 years thus t:reIfiDg an implied eue:lIlllIll. !.4l
Baaloy sta1eI that this is not a 19 euemmt and thus ia not wiDir'8 to negotiate' on this
point. He has agreed to absorli the coat for two separate gatES It thE' entrances tl) th(
private residences of Bamboo Lane &; Virginia GaJ:den respectively Ht wiD be ne
responsibility ofthe homCOW01lfS to hire a contractor and oVlll"SCe the ir-stallBtiorl. TIe
developer win pay the contrac\Jlr fOf said installation up to an amCIU:1t to) be flgrt:ed upon
by January IS, 2002.
3 The developer has agreed to pillCe obscure windows on the Elast wall of the end..unit:l
facing 1 Virginia Garden &; 81 5 Bamboo Lane. The de:d restrictio~s Indlol'
homeowner's association documents will prevent liJture owners fiom mplacing :luch
obscure windows with any otl"r see-through pro~uct.
4. The developer has agreed to provide at it's expeIW= water servic.e t(l th~ home!1 on
Bamboo Lane inclusive of ml":eJ" bo:tes being brol.'tght to thClse re siden :es.
S. The developer has agreed to ,,:-eate olin mtrBnc.e which ill both fun~onl~ & astl11ltically
appealing as it will serve as tllll gate'Nay to Boynton BelICh IlIId on h'J:nes.
6. The residents would like a ti",,~ine on construction. We t1eE'.d tl) kr'O'j\ ifthll PlDjec v>~ilI
be built in its.mtirety or as thi' units: are sold. Th,;, CORlleln h>enl is '>eulgunder
construction for an inordinate, & uni;pecified period offime.
Iblre are clearly two schools ofthourilt on the proposed Ilroje<:t. Mllny~ridmts fE>elthat
8lI)1hing would be an improvement 0' 1:1" the previous Chi~lese rnstaur:mt. Other feel tbj:J de<.ision
o,\lld have a negative impact on the pPJperty values in the long tClm and would prefer I,> sen th'3
RiM zoning intact. I. believe represEfltativfls from both sides of this issu~ will speak durin!!
public BIldience this evening.
I know I speak for all the residents wlwn I uy ml are gratdiJl f(lr lthll adtl.:d ls:)er ofprc1tectil)D
the CRA has given to this project. W1lile WE' realiz.eyour goal ill to ~:ewelclp tbe city, we
appreciate your concern for our privatI prop my rights. I heliCl/e WE' would al.llike tJ 1~'1C ar,
improvement provided our issues are IllSolvd. Thank you again ~i>r your consideration.
Sincerely,
~~l)~"
Kristen Conti
Homeownf'r of I Virginia Ganlcm
Delrny B~ch, FL 3341!3
07/~312003 17:38
561 738~' 1
SALEFISH FlEAL TV ~
PAl (.1
November 20,2001
City of Boynton Beach
Community Redevelopment Agency
RE: Dakota Lofts Site Plan
We are Boynton Beach residents who live immediately adjacent to the SUll Wall pr')per.y
The following issues we would li~.e addressed prior tn approving the rcdm 'elopmerlt:
L Agreement for uninter rupted water and sewer S(!l"Vio~.
2. Agreement fur existb13 docks to remain 1l11d acceS8 to ICW
3 Fence On property line to remain or privac" wan to be ereot'~.
4. Southeast building to bave decorative elements:m ellst e11!V'ition facing lC\\
S Revise building heigh. to meet coc1e.
6. Clearly indicate turn a round for fire and emergency lit SI.E' (OlDer.
The following issues affect all ou neighbors and need to bll addressed:
1 Agreement for water wrvice and making eiood Bamboo LilI1e l:J:ef
installation.
2. The current incl\lsion >Jf the canal in calCluting the nllow.IMe Iumbllr of un! ts
reduces the green spac!: ofthe property Please insure that thig meetA code.
3 Current entry to Bamb 00 Lalle is dangerous due to inadeq uttc width. Provic e
plan for widening and include plan for unimerrupted poore $lll"rice sinCl.: Bell
South switch at Bamboo Lllle island will Ireed t) be relccatfld.
4. Temporary landscapin!; and fencing durill!l cott!truction
S Provlde private gates I Bam.lJoo Lane and Virginia Gar!\(n:: to prevt!llt
increased traffic on oRr.lane private roads.
6. Guest parking inad.equ lite.
7 Elevations fur Federal Highway West, North and South should De impIClved.
8. BaQkup for garige inadequat'~ fur large vehicles,
9 16' width inadequate ftlrtwo-car garage.
10. Decorative light fixtu.r;s to b~ installed.
II ContradOrto address l:\ean-up of neighbol'lng pools and dlKk!J.
Should development be approved, we, a:l residents, w;,u1d Ekll the op pcrtu:Jity to re'viev.
and approve the construction sch~t1ulB, ie. Cl)l1.Siderati:m of site trailer, site facilitie:::,
dumpstefs, working hours, clean-lip plan and duration of Qonslructior
We would appreciate if these issu,:s are addressed prillr toue redevelopmEnt approval.
Sincerely,
Frederick and Denise Canova
co: Dakota Lofts
07/~3/2003 17:38
561 738~-. 1
SALEFISH flEALTV
PA(
( ,~
Prenared bv IIllI Return 10:
Michelle M. OeRosa.l!sq.
HOLLAND &; KNIOHT LLP
One E. Broward BI\'d.. Suite 1300
Fl. Lauderdale, Florida 3330 I
q~CCE5S EAS[~
1'HIS CANAL ACCI~';S E~,:;I::MI::NT ("E.senlCnl ") is mud.: Ihi'..... :Ia,' "I' :lOll:! hy
DAKOTA LOFTS AT BOYNTON, LtC. a Florid. limited Iiabilily cllml'lll1Y ("D~.,I"rcr"). "'wing it,
principal office al 2290 N.W CO',lorale Blvd.. Sulle :~4S. I.loca Ratol1. I'lo"ioo ;3~!" III
_._....__._____._ ("Owner"). whosc ad,ltl:5S b
RECITALS
WHEREAS, Developer Is the lee simph' owner of certain teal pl'opert)' locatcd in Palm Beach Counly.
Florida, being mote particularly dcserib,d on E.~hibil "4," .Unched hereto and nlllde n part h.r.",r
(hereinafter Ihe "Canal P",perty"):
WHEREAS. Owner is the fee simple o\< llCl' of certain 'eal prop',rty lo<altd adjacenllo Ih. Canal P 'Opcr')'.
beln more particularly described on I!!!lbit "8" .attached hel'tlo and made. par h :f<'~f (her~ir"lie"'c
"0wnetls Lotlr):
WHERFA8, Owner h.. requested thai [".....Iopt" grant certain e,,"eme,l rhtl!l1.lo ,), 'Ol:r "v.r .,nd "em",
the Canal Property, for the benefit ofOve,er's l.0\:
WHEREAS, Developer has agreed 10 grlnl sueh e_ment right!. subjcct to ':he tern! all., eondtic'''s
contaiMd herein.
NOW. THEREFORE, for and in eonsidtlation ofthc sum orTEN AND NO. I 00 lX'Lc..\RS ($ I O.OO~:nd
other good and valuable col1sidt."1'8lion. III: teee/pl and sufficlene" of which .re her :b/ ~c ,oow"'d""d.
Develope, agree as follow.:
I. Reeilllls. The above reeilals sre :rue and comet and jnl'~l]lo"led h':rei" l'v thi5 relcrCllc,'
2. Canal Easement. Subjecllo any "'press conditions, UmiUltion. 01' rest:rvati(ns cor la/nod h.,:in.
Developcr hereby grants unto Owner. for :he benefit ofOwnees Lot. al~ual '''S:~~!li.ril>!l1.ror iogre,..
egrCS5 and ace.,. over and across the Calli Property. from the COlvncr's Lot 10 the Int:'acoostal wat,,'wa}'.
which is located ecfjacent to and <8sl ofl": Canal Property. Deve!J!Il!;UDJl!l lhe rl,:!!! ,.' "recl. in5l,n. Ill.
!llJl!lil' oilinas ao4lor docks. which .,lone ,illlo canal oroaen. at c;NYIers cXGpe~
.3. Restrictions, No obstructions, incll ding bllt not limited to pili gs "nd/ol' dock;. '.V ic eXlcnd illl.o
the Canal Property from the Nonherly an. Soulh,:rly e><tremilies beyonll '''\Ie" and ~nt-h, If (711! 'J :'cCI.
~.II be ereclted or installed by Owner w Ihin lht Canal Property.
4. Use of Eosemenl RillhtsllndcmnirlC !lion. The ellSemenl rights gramed he'"i" "hdl (l., used by Owner
In such a manner that Is consistenl with aid will not interfere witb the ril~hts oflhe tle",,[oJe, or anj Ihird
party to exercise and enjoy any rights it nay h... 10 use thc C.nal Prop.:n}'
-_.._--_._---------~-
07/,3/2003 17:38
SAlEFISH REALTY
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561 738~' . 1
5. All easements granted herein !hall be binding upon the parties, fhdr lespectwe lreir~, le.L1
representatives, successors and lI$Signs f"d shall constitute a covenallt oll111;nll with and bineling "PO" "
Canal Property.
6. This Easement shall be construed in 3l:cordance with tile lawsof6e StI.le ofl'loridt.
7 Nothing contained in this Easennnt shall be construed lIS creating any r:ght! in lhe gel1'l:nd rublic ".
8S :ledicuing for public use any portion 0 l'the Canal Property No easement., eXllllJlt lI: ose expressly lei fo I,
nelllin. shall be implied by this Easement
IN WITNESS WHEREOF, the: ~lop:r has executed this Easemmt 00 the ('.ale sot furth below.
S i~:ned nnd ~"aled in the
')AKOT A LOFTS AT BOYNTON. l.LC. I.
aJrii,;~\ :ill'l:t20 !i41~llii~: ~1..1l:lpan}
Hy.
I'rint Name:
Title:
Print Name:
Print Name:
l)ate:
STA.TE OF FLORIDA
,
i
,
J
COUNTY OF
The foregoing inSlnlment waslcknowledged before me thi~ __ day of ______
200_, by , as . . of DAKOTA LOFTS AT aOY\lTO
LLC, a Florida limited liability campan: on behalf of said company. HelShe iE personally ~:now1 to r
or has produced .__ as identlfica1ion.
._--_....._....._~..-
(SIGNAT .JRE OF NOTARY PIJBLlC)
. .
(Name of Notary. typed. printed or stllmped)
(Title or !':Ink (serial nllmber, If:lny)
f'T'~1 N573711 vI
IE
e7/~3,2ee3 17:38
561 7387~' 1
SALEFISH I~ALT\I
PAC
[ i
~t'idt Realt]. Inc.
-^--~'--^-_."'... "-.-''''' . '- .-' .,
Oclober 24, 2002
Neola LollI
o.r Mr. Triger,
We lite wriIinI to yllIIln I'lIftnftee to IIIl ClOIIWl'IIIiolI)'OII hlld willi ~, husbllnd lla"ill hst _k
c:om:cming our canal JichIa. As he elqlI1ined to )'011, this confll'llllllion ofrighls W~ JIl'Oloised to U~ by
MIIl:h Pasin & MlIdc Begby in January Jf2001 ifM ogn:od to support their petit;"" for a zonlll!llhang', in
auf neighbolltood.
My husband & I have bolln people of 01,,. word .m the commeucem.nr of the pNj. cl O...d onlhe
prom_Ibat _ ftlIde to III, I SIlOke,elbl'e the city eommlssi"R In Ii""," "r DaIOlI 1-'l<lls.Slno: then I
havemllde.lloutsb< phone..n, 10 M,.:k Bagby asking for the canal casCl'll~ tllal...., promised. I Wl!S
c:ontioually IOld lhalthe attorni", were HUrking 011 iL Consid""ing d1cy had SOlIt u. t, p..'iminety draft
which I have allIIChed for YOllr review, ilscems difficulllo belie',e ilwould tllke I) InoR' hs 10 net illO U".
A Il"* deal has chlngcd since January of 200 1 Our lll\citemetJlabOUI the possiblily 1)1 a beautiftll oe"
community has dwlndJed and our tnlst ,., MrBagby Is gone. W.. agre<dto n plo,( e,m.luoity 001;. If...:
WeN li\lell S 10,000 to protecl ourselve! From traffle luming lIJ'OlInd (lIO ollr I,"YIlIf l'l'lllI,1lld adyet,,:ly
affecting the quiel enjO)1l1ent ofourhor'e. We an now beiolll",ld Ib,t is n,,1 haPllOlling either. W'l do not
want 10 live a galCd community but wer , wining 10 compromise 10 better our neillhlmho od.
As we wmt to be free 10 s.lIthe propertl' .tanytime ~ deem fl" it is ."'POIlanl f,>I'''s Ie get this ;r:aller
resotveoi for the prospective homebuyer We ",spectlUlly requelllhatyou provill. tte !'Illllla..:! delcum.nt
10 us on or before November IS, 2002 f;rrcviewbyouraltomc',. We will have il blcl( ;0 you wi(llin 7
dl.)'$ of~ipt. Once this sign ofgood faith i$ mlde.. perhaps w. CBII'OOve fOl'Yill-d lowmlthl: tu)lutil'O
of the RIlIlIy imleI that remain prior to )",.,ur community being b\lill. We 10<: k fot"", d 10 world "I with y)u
10 01'Cllko 8 better neigftborltood for 811 e: ncern.d.
S~aJ'
l<risIIllIComi
Owner of I Vqinia <l8rden
e~: Wilfl'ed Hawkins, Cily of Boynton ,:Icaeb
Ken Kaleel, Esq.
"Your Homelown Reallors" - Loe flted in the Heart 0( HisIo'1c Down/Jun Jx,yntDn 8ea.I~h
'32 1!a.J1OcenAvenue. Boynton Be8d'l, F1.33435. Bus. (561)738-6613 .I....~, (561) 738.7HI . ww'll.s.lI.nshre iY,""'"
e7/~3/2ee3 17:38
5617387'
SALEf"ISH REALTY -
D.tIuIta L.'"
3621 8.1'..... Hip...,
BOJUlIl.... PL 3;W3S
561-13S-45t2
Fu: 561.7J6.O:>>:l:
NOYeIIlber 26. 2001
Dave &: Ktittcn Conti.
1 Virsiaia GIrdeD
Dekay Beac:h. IlL 334113
Deal' Dave &: Kriatin,
It W8lI a pleesure ~D8 with YCIlIIut week. The tbUowins polMS were di&:usaed
pertaining to your property.
Upon thl: DalrotaLofts approval afits site plan by the City ofBoyntOD &lId" Dakota
Lofts will. at its eKpeIlIe, agree tll:
1. Add deooratlve fl:ar:ures to tbt side of its build.ills-
2. Dakota Lotb will try to get th~ CO\lIlty to a1low it U' impI1~ and lalld 1C!f1C the
tIIlrIBoo island COlIIiD8 0IIt0 E~,1l11boo LII.II: from Federal Hislno.y.
3. Dakota. Lofts will sive you a me easement to use th" camLi for ingre IIllllK. ... IJlJd
tbr your boat doc:k.
4. Provide IngreIe and Egnu fbt. yout residence through Dfikota Lofu alli In eIltIy I),U'd
wilt be made availablelf. sec"rIty e.ntr8Ilee way ga?.e is put ill on BUllb.)oLaoo il1'!o
Dakota Lofts.
Please si811 where indicated belcnl' representing your apl:l\'VYa1 so ""e QlIlllave our
lItlIOmey prepare the -NIY lkxuments.
Vf!JCy TNly Yours,
~~
Mitclte11 Puia
'II:=-
Approved: -.---,--------
.Date: N_ber _J ?:OlH
uN/ M/4!/J (/I. ~K
PI~( II'
07/~3'2003 17:38
561 7387~ 1
SALEFISH I~EALTV
P,~(
P:
AGREEMEN]'
nns AGREEMENT ("Agrcement"), dated this _ dlIy of _______, 200__. is !Bade"
and between DAKOTA LOFTS AT B:>YNTON, LLC, a FJ::nida limited lisbility eomr4llll' (he1ein!11 :r
ct.lled uDeveloper"), whose address is 2290 N. W Corporate Blvd., Suite 245, E:OCf Raton, f' lorida 334..
ilnd David J. Conti and Kristen Conti, wl10se address is 1 Virginia Gardens, Deh)' Beach, flmdE,334:' I,.
6::06, . whose address is 2 Virginia Gardcm, r...lTay Be'ICh, Flor a
3:483,6306, and Ronald I. Dingle and Marguerite L. Dingle, whose addless i! 3 Virginia Garde',;,
D,lnt.y Beach, Florida 33483-6306 (colloctivvly the "Owners").
RECITALS
'WHEREAS, Developer is the fee sim~ie owner of certain rilal property. located ill the City of llo)/':I1' ,.,
!lillich, County of Palm Beaob, State Df Florida, being mm... partieu.:arly :Ie scri bed cn ~~xhi1 !it.:::' ,.
clr:aehed hereto and made a part hereof (hereinafter "the Pl'lI')Ilty'), upon w~i'lh Devel(Ipc.1' pt'OjlO5"S 1;'
':cnstrnct multi-family l'eSidential tQwnh,me units (hereinaftel' calkd the "l'rqie.:t')
WHEREAS, Owners are the fee simple owners of certain re:lJ property locat=<i adjIWent to '[he P~ope(
he ing mol'll particularly described on EJ)ubit "B" atta~hed homo 2nd Irllde 8 P D'I: hereof (t'~rein"fter lhe
"Owners' Property") and intend to ~onslJuct a gate lJpOn Virginia Gardens to limit aocess by ':he pubEc ['
,b,: Owners' Property.
WHEREAS, Developer and OwneT'S de lire to enter into this \greem<mi to document certaifi ag",emel' ".
mllde between the parties, as mol'e fully !lClt forth herein.
NOW THEREFORE, in consideration of ':he mutual covenants, benefits ud agl'lll:nflrts oftha partie; hon
lInd the sum ofTEN OOLLARS ($10.00) md other good and vlduabk cOllf,idenricn ,..oeivel~ the =~ipt a :1
Ildequacy of which is hereby acknowledgld, the parties do hereby agree and ack10 wie:lge tbe IblJow.ng:
I The above recitals life ln1e and I:<,rrect and are incorp:.rated herein by this ":feren:e.
~...-. . .------------....--p.----..- ......_~......
/' 2. Developer shall deposit into esc'ow with an attorney, licensed in the Hate of Florida lnd, elect::1 "
( by the Owners (the "Escrow Agent"), thE amollnt ofTen Thousand Dolllln fn:i '\1011 00 (l:10,000.1)0) (t ;:
I "(Iate Fund"), upon the date in which tho last c:.fthe following shall o(:<:ur: (1) ['eve lopeI' h,,: comtrw::t :1
nn d completed of all the infrastructure iJ nprovements required to be co"..truct,:d up< II the PrJ?"rt} for I ,
development oftlte Proje~t, (whioh infnstnJcture improvements shall inoludE tut !hall not he linit.d .,
,,,,,tar, sewer, dminage, utility and ro ldway improvcmenu;); (ill Develop'''' h,,, received all of t i
necessary approvals for the infT'asttuctlJ'" improvements from the City of Eo~.ntcn Beru;~, (the "C ty ",
nn:llor any other governmental agencies ,'r cnti.ties requircd tc' apprOVf' slJch i~ fnsl:r Jcturt irnmlv"m<:n
un d (Hi) Developer has received a W1'itt m acki:lowledgment, '/:lIeouted b., fuc:'O'1\> A gent, confinn ng It t
Escrow Agent will act, and will hold th: Gate Fund in escrow, pursuant to tie terns of':his Ag1',emel
Hscl'OW Agent shall deposit the Oate l'~nd into an interest bearing account. A.11 interes" which ;.h:1
u""rne on the Oate Fund shall be part :f the Gate Fund ane: shalt be disbur;&l m IWcordnnce \,;th t
',~~:t\'ucrtions oftbe party entitled to reeei :~ Oate Fund pul'l:~' t~~~~er:~__._ _._.../
::. The Gate Fund shall be used b, Own~s solely toW'lrd th.l cost of tle cOJlstnJctie" oft.e Il" '
ltp~n Virginia Gardens. Except as otber<dse provided herein, !JnleS! oth.rwi.,e a~ul upe'n,)' DeteJop I'
llfl';! Owners in writing, no portion of the Gate Fund shall \)" rele!JSed !,y flscnw Agen" direct!:' to [:
Owners but shall be released by ESCKW Ag"nt to a third llarty co~tractor O' btilder reSllons ble if
c.o.tstructing the gate, as part of the C>lst of the construcrtion of !UI~1t gat... :)Ivlen .hall provide 1
.1
i
I
"
07/~312003 17:38
561738',.- '1
SIllEFISH I<EALTY
PI~(
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at~k
'(:)WeLish Realty. mc.
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,
November 28, 2001
,
Mitchell Pasin
Dulcota Lofts
3621 S Federal Highway
Buynton Beach, FL 33435
J)'la( Mr. Pasin,
We are in receipt of you corresponde-,ce found under our door tode;y As stated at the
impromptu meeting held last Tuesda). November 20,200.1, we are more thall willing'!'" work
with you toward the completion ofY{lur project. If you ask anyone in tb" Ci1.) of Boynton, they
will tell you 1 am one of the strongest proponents of SII18I': growth in our c;ty By wo,king
together, we can accomplish this goae,
It was my understanding that we wQt'jd be receiving a fonnal doc:urMllt th,m 'in attor.n'~ si'ellin
1M very clearly wbat we were getting in CIl;change fur OU7 suPf>or1 of the ~)l1i1\g ehllngl: and the
proposed site plan. We were also tol;l we would have tb,~ opportumty te, rres,nt SUell
de'CUltlentation to our own anomies j ilr review prior to signing.
While 1 recognize that your intent is to show a meeting ofthe rninds prior 10 your attc'rney
,irawingup any formal documents, Wfl are lIot comfortable with the 1IagtJe /Ill.rm: oJ'this let:er
'nlCre are still several other issues of t:ancem that need te> be addll'e!1sed h~j ore you 'wi II hav l tbe
:IUpport you seek.
The most important aspect for my husband & I is our existing dock and Wl.te:r right;, The
dC1cument you left for us says nothing of this being a pennanent easement fhElt would oe
':mnsferable to a new buyer. That bu :dle of tights surrounding Ulle ofthll WlItl:rwll) &101 thl'
m:lintenance of our current dock and waterli'ont lifestyle lire miljor ';;Onelll'lIS filr very 1,IWiO'IS
:-easons. The solution proposed by ~ lack Si'Jemed fau- & '~quitabJe but I t.o "1)1 see tbe saml
lInguage before me in your letter.
The second majorconcem is theincr:ased traffic on our ".tnpaved, TOild. We would resUy like to
dhcuss the idea ofa privacy gate for Virginia Garden spel:ifica.ly pIlar to tin,aJ approVllI. We 11ft
i1ho concerned about the landscape l;nIFer that will protEl'."t our pllvacy upc,n fnal c)mpletifJn of
.tbe project. I've heard the statistics end been told this wm decrease traff. c. Based (m first I.and
knowledge, I disagree. Sun Wah onl \' uti1ized the westerlllDOS" portion of the parkin~ 'ot" 'bleh
leit over half of the eastern section af Clrtl"a priV,lCY. We l'COOllni;le the need tu con:prmnisf' to s,' ,
.growth & positive change but want t.' prowct our chi1drE,n & pets from IlnnE,cessm:r tr:lffic up &
~own a dirt road, We chose Virginia Garden as Ollr homp. beCllUlle ofth" lUAA zonjJ1l~ w~ich VI
felt would protect us from the Joss or privacy. We have 'mjoyc:d tho: udC[u~ Havor & qilirki ~es"
"Your Hometown Realtors" - Lo:ated in the Heart or Hlstortc Down~o ,(111 80yrrtDrl Beach
532 e:.st Oce.n Avenue. BoyntQfYBea<:h. FL 3::'135. Bus. (561} 738-1'613. Fax; (561) 718:'911 . w'N"'.sal!fJ5hr, Ity.<;"
07/,3/2003 17:38
561 7387~. 1
SALEFISH REALTY -
PAC ,. ,
eUir our neighborhood. However; your plans could prove beneficial to thH flU if our i~:lues C811
be resolved.
W,) win be mOTe than happy to review anything your attomey wishe.~ to s,;nd te, us. PhflSe t av,"
him direct it to our mailbox at 1 Virgi."ia Garden Delray B".lach, FL 3348"1..(;30) lfyol1 wOlt1d
lik'l to discuss anything further with I: avid &. myself, ple&lle give us 11 courtll':' call ill advance a.71"
we would be happy to set up an appointmenf_ Our lives ate very full and w31i1:e to Je preplred
1))1 visitors and together for any and all discussions pertaining to our home. You II1llY '~ilach me a
tn: number found at the bottom ofthil page or via cen phone al 662-401:1.
w.: thank you for your anticipated CO'lperation in these matters and look forwud to hoating fron
your attorney in the very near future.
Sincerely,
~:;jJ
Kristen Conti
cc: Quintus GreeDe
Mike Rumpf
07123/2003 17: 38
5&1738" .. 1
5ALEFISH '~EI\L TV .-
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HOLLAND & KNIGHT LLP
One EIslBlOIIllnl Bouud, Sulle 1300
P,O. eo. HU70(Z1P 33302-41l7ll)
Fort LIUdo1\I~., Rarida 33301
95'1-525.1000
FAX 954-<<;3-2030
'IIWW,i11{Ia1I'.com
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December 5, 2001
I\IICIlELLEM. DEROSA
9(;4.1l8.793!l.
il tel", ,t MdJ,..",
~dG.~"k}!J.wc'Jm
VIA FEDERAL EXPRESS
Kriswn Conti
clo Salefish Realty Inc.
532 E. Ocean Ave.
Boynton Beach, FL 33435
Re: Property locawd (:j, Federal Highway, to be devebJed as II. reelider.tif:ll
community lmowli as Dakota Lofts (the 'Project")
Dear Krieten:
This firm represents Dakota tufts at Boynton Bl3ach, LLC ~'Dako';a UJfts") wth
respect to the above Project. l,s you may know, Dakota Lofts, liS (,wne:r o:l'the
above parcel, is scheduled to appear before the GRA :for the Cit i' o:f Bo~'nton
Beach on December 11, 2001 ~:r purposes of obtainir:.g appro"al <lfits proposed
site plan fur the Project.
It is OUI understanding that o"er th~ past several weel.e, sevllral issues lllld
concerns have been raised by 1 :le adjacent lot Ol1'netlL ?lit.h re'!Jled to the
proposed development of the F'~perty
In. order to address the issues "nd concerns, we have been advised by C'111' clie.J.t
that Dakota Lofts is prepared 10 provide several rights and sllrviclS wllk.il it
owns and hold to adjacent lots owners. As an aJ.ternllti.VI! to tnGenng il1t'J
separate agreements with eac.'). and every adjac,:!nt lot owner, !lakota l.ofl;s
intends to submit the attached letter to the City ofBo~"n';on :Elea(:!c, prior '1:0 tle
December 11, 2001 meeting. 'rhe purpose ofp~ovidiIlg the lel;t(lr to thE' City i'l to
incorporate the rights and eer/ices which Dakota Lo&s ill preparei. to j):t')'vide
into the approval of the site phn. AB a :result, Dakota Lofts v7il be oblig3ted
07/,3/2003 17'38
5&17387r41
SALEFISH I<EALTY.-
PAC 1 c
December 5, 2001
:i?age 2
under the final site plan appro1'al issued by the City to comply with and provide
BUch rights and services and tha City will have the right to ellfll!'Cll Dakota Left':;
failure to provide same.
l?lease review the attached letftlr to the City and contact Mitch,~l1 Pasil1 al; 56l-
a70-9570 with any comments C i: questions you m.ay have.
Very truly yours,
HOLLAND & KNIGHT LLP
'-jJ{Llj;J1UM~_
By' Michelle M. DeRosa.
gnclosure
1:C: Mitchell Pasin
I'TLl jj~G8405 v2
~~t~4'~~C~ ~~;~~
.1.00.1. t.iO~l.:l,:..i
UEN~- r:
~ft JMMISSION MINU'l'ES -1/15/(12
, A'1'TA<:~ 12
TillE [)~I\()T A L()"i
';7
January, 10 2002
Mr &: Mrs. Conti:
1 VirSinia Lane
Dclray ~h. Morida 3J483
Dell'l' Kristen:
Thank you for your mllS8llge yesterday As I promised at the CRAmeetlnglWo nights ago we
will begi\'ing all the nIllllhbors OJ] the canal the easement to use. paVigate lIl\dtraveJ thl: l;lI.I!Sl,
, .'
Twill also wlU be giving you a document stating that we will dc:pqsit the sum of$20,OOO with
our attorney's escrow account to be uaed by the neighbors for 1beiir gales on Bamboo Lannnd
Virginia Garden lifter the completion of ou.rmlStrllCture.
This will be subject to city commissioners. final approval of Dakota Lofts and. me cooperation of
all the neighbors ;nvolved, . .
I sincerely hope tha~ y~m ate beromil\g, a belic:ver lllat we have done everything lbat we said we
were going to do and 'is in our po",erand ha.ve ttied. to work and accllmmodate everyone's need
to the best of our ability as II humanbelng.
1 look forward to a smooth transitian during the course of OUT construction and completion.
3010 S n;I)ERAL l1\n IlOYNTO~~ BEACH, trLOR!DA 33435
Tn. 56l.241.2329 II AX 5M.218.9774
--. -~
,
07113/;~003 17: 38
561738.
SALEFISH REALTY
F,~(
1 Canal Easement. Dakot~. will grant to tho$e owners oitte bt6 depctec all
Lots I, 2, 3, 4, 5 and 6 on the sketch attached hereto as Exhibit "A" and made a
p:ut hereof (the "Sketch") whicl: currently have G.ocks construl:t'~d. '/l/ith~n the (:ana
p:mperty, easement rights (i) to maintain any existing dor...ks vrbhb th€ c2!nal
p:,operty currently owned by Da]{ota, and (ii) for ingrEss, egrells and aC(:eS8 from tl
e:usting docks over and througl: the canal proper':y to the Intra<:OBtal ''II'fri:el'Vl ay
whIch is located to the east ofaad adjacent to th!~ canal property The eWlem,mt
rights granted by Dakota shall 'un with and ben{lfit each lot ~>r which Lt i'l grante
ao.d shall be transferred to any mbsequent ownee or (Iwnors 0:: l,U~.~ lot aB par; 0:"
the conveyance of such lot. The final easement doCUro.enl; shall pl'>>vide. tbat (.) (; a
d'Jck shall be maintained by such owner at its sole COEt ar..d expl>nse, and (Ii.) the
canal property shall be the mail :.tenance obligatinn of Dal;ota, it s S llCCel!SIJ.r or
a:3signs, andlor any homeowner i association crea:Ged br purp03€8 of ac:b:nirlisteri~,g
the Project (hereinafter the "AsClociation"), and that aJ C03tS and ~:cpengeE inc.lr.l'e
ill connection therewith shall bE: divided in an eq1utal:le Illannel' fmd OD. a prolata
basis between all parties havilll: dock rights to U8e th'l ca"1.al property
2 Water and Sewer Servicen.
A. Installation ofWat'~r Lines_ Provid.~d that Dakota ca:~ obtair thE
necessary approvals and easem'1nt rights, Dakota will install ....,~ter linlls alon~
Bamboo Lane as may be requirfld in order for thE' Citr to '?rovLd! :p)tab].e water
s'lrvice to Lots 5, 6, 9, 10 and IJ In addition, Da.::ota will inst:llltl:.e apprc:prif.te
water main ex.tensions and met"rs at the locatio!? indicated b~ th/3 City fer Lo':sZ,
5,6,9, 10 and 11 and pay any meter hook up feeH in corln'3ction tll\!tew;.th Da!ot:a
agrees that prior to the time thHt the above lots have been provid'ld with the
alternative water service to be provided above, it will not take any actwn whl( h
would cause the lot owners to leBe th,~ ability to (,btain wder lrc'nl the wells 103a1;e
0:0. the Property, which wells ar'l the Lot owners Cllrrent S(lurc€ (hlater
B. Sewer Service for J,ot 4. Provided that I'akota <'.lin obtain th.r.
necessary approvals, Dakota wi 11 grant to Lot 4 the right to tiu in'''' theS(lw'er
s'lrvice facilities to be located uJlon th.e Pr.operty ilnd will :pay ar.y costs relate, to
same.
3. Access Easement. DakotlL will grant to the owners oCthe lob depict'ld as 1,0
1, 2, 3 on the Sketch, ingress, el:ress and access I:ight!l over celi;ain roa&wI'Ys hcat d
witliin the Property from time ti' time for pmpos.;,s of obtni.niDg in~:ress. e[TeSll Rill
a3cess :from and to Bamboo Lan.! and Virginia GIIl'deIlS. In edd.tion, Dlullta 1 rill
provide adequate access to the t'wners ofLats 1, ,;~, and 31;hrrmgh f.ny gatEls w rich
may install within the Property which limit or re'stric~ thE! ahov!! lx.enti"DEld aCC€:3S
ri.ghts.
"
87/.3/2883 17:38
561738- \
SALEFISH REALTY -
PACi : I:
;\. Decorative Lii"ht Fixture:l_ Dakota will install decorative ligtlt fu:tu:res wit.h '\
the Property in accordance with the final site ple.n approved by thE' Cit;l
3. Temuo:rarv F:encinlr. Dak,.ta win install any temporar,r reol;lls which may ;)(
rE'q'Uired by the appropriate govurnmental codes to be installed :huing eO:t:lstrl:ctlO
)f the Project.
Please feel free to contact me w.th any questions and/ox' c,;)m;lJe;lts you mllY h.lV,'
<<,garding this matter
Ve1:Y truly yours,
HOLLAND & KNIGHT LLP
'-fiM.UJ.-w.~.
By: Michelle M. DeRosa
Enclosure
~(:: Mitchell Pasin
F'I'LU58SaaO va
07n3/2003 17:39
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07/;3/2003 17:38
5617387
SALEF'ISH flEALTV
F'AC
E
Developer a copy of its approved plans lOr the 810M prior to 111" dale' in which it ~IT .rnences constuclic
thereof. In no event shall the gatIl! IUd/or the construction thereof, at alW tirn'" intertill'll W tb tI:
den'lopment of the Project by Develope r or th~ abi1ity to obtnin access to an,llrolll the ''rorerty to ,an
fi'OlII a publil:ly dedicated road right oh ny.
4. Escrow Agent shall be obligaMd to release the Gate Ftlnd upon the first cflhe fullowiJlIg to occu
A. Escrow Agent receives wriUlm authorization from Ccveloper snel Owners auti:lorizng II:
rolf_ of the Gate Fwd and providing Er.crow Agent with the nune and adlbss 01'1 he party or paUlO,. t
rocelw the Gate Fund, or any portion the reof;
B. If OwnC1'5 have not obu ined the necessary approv,.1s alJd perm ts lrom tile City, and/,
.Jn~' other :;CVI~":":~1i!~"~:! "!.:;~;-'c:~:; -,~ ~:1! .~:~ "'~'.'l!:"~:: ~f) .:.::-":-r"'Ve -he -;,~Je~ '..vH'l:t'l "ne f1' :.!,~t fr ~m t~
dat: in wh.ich cil~ GI1~e Fund .,vas plac~li in t:Sr-:~cw Wii.ll E5~l'OW Agent. Ln such I:Vcn~ Es,;;row Agel
s,1811 be obligaMd to release the Gate Fur d., and any interest eamed (:lerec,n., ditectlJ' :0 the O",'elofer;
C. If construction oftbe gaH' upon Virginia Oard'"ns has not COVllllClJ(ed within '.me (I) ye:
of I:he date in which the Gate Fund wa! placed in escrow with EllcroY! Agent. In such el'",nt, EscI'o'
Aglltlt shall be obligated to release tbl: Qate Fund, and an', interest earned the;'Con, din,ctty to tJ-
Developer; or
D. If the City, and/or any elher gevemmental 1IgllDcies or entitle:! le<juired t<) zrprme $,IC
gllte, denies the Owners the right to install pte upon any pc,l'tion ofVirginiillJardens. I" ,uch e'>I"'"
ESlln;JW Agent shall be obligated to re ,.ase the Gate Fund, and my i.,terest the ~n, din:.;tly to t~
[le..eJoper,
5. In the event ofa dispute betwe~1 the parties regardinr, the dspo:litlon oftlu: Gate FIJlld 01 in tt
eVE'nt the Escrow Agent shall receive conflicting demands.or instru,:ti'3nl witt nS';l'lct to thlt Gate Fuo.
the Escrow Agent may in its sole diSCl',tion, continue to hold the Qate FW1C I.ntil all parths m ltudl
agree to the disbursement thereof or un") an onier or a judg'!'ment of a cot,n cf .:ompeten1.iufisliel Ie
s:,.1I determine the rights of the partieslereto. Alternativel:', the eSCl'llW A.~ent nay d.tp.,.,it tb e (,al
Fund with the Clerk of the Circuit COlin of Palm Beach Counly (th(l "Clerk"),urslJant to an 'interplead.
procedure, whereupon afl:eT notifYing all.>aI'tles conoerned willl such action IUld ,ayng alL el)!!ts ir.ljXJ:;~
by the Clerk as a result of such deposit alllillbilit)! on the part of B'lCIOW A gmt "hall temlinat( ,,,
agreed that the duties of the Escrow Agent are Ilurely ministerial in nature ane sllll1 be e><pr:'isly im:te
to ,he safekeeping of the Gate Fund and for tOO disposition 0'1'_, in accordarc(, 'with IIi! ~gre'l11'''n
llt,. parties hereto expressly request that J;scrow Agent act pW'luant to thiS AgJ'efme ,t.
6. The effective date ofthis Agreelrtent (the ~Effective [late'') shall be the Jat. on whir::!. the last (
the parties hereto executes this Agreeme,t. The parties agree :hattbis im:trutnlln" sl1;\1I nQt bIt reC<Yued i
the Public Reconis.
7 This Agreement shall be cQnstmed and enforced in accordanc', with 'Ilt, laws af tile Stab', (
Flcrida, County of Palm Beach.
8. This Agreement may be execut(11 in multiple counMrparts., each of'w1i.:h.,Nhen combinEd 11,'11
otlter counterparts, shall be deemed one nnd the same ins1JUDlEllt.
TI'l WITNeSS WHEREOF, the Develop(1' and the Owners hav" each executed :Ii s ~greelTler,1 Qn ~le,la"
~ot furth below
,
II. PU~-.XC AqQJ;~(:E:
INDMDUALSPEAKERSWILL BE LIMITED T03-MINUTEPRESENTATIONS
Dr. . Mark R,oberts, 650 W. ~yntOn ~al:h' SOLllev..rct, 'Objected .te tenight's. first rE!~ipg, qf
theordlni3nces regarding Krispy Kremewith.q~t a.pl!blichearing. He distributed"c~ples 6f
~W'ldi3 :~te,~~~~e, ';(i~1~184i wh'cn. hes;aidreqLilres tw~. pubJI.C he,f\,jp~\ ..':,S9~~:,"()~ .~e
~t4~Etl~:lT)at'l<~~A1:tfFhment l"and IS attached to the original m!'ruj:e~;Qn,j'ileJn.;fug;groce;,pf
.ttie City '~l,i;rk,. . .. . . '. ":,"'" .
t~.\ti~nU~; 6S~<NWlst AV!:!niJei spol<~r~rdin9 KrisPYKrem~".S,,"ei'AAiP:~l'I.~~,~i#,e
I'll;) oflier,dl1ve.,thh.J windows in the' City 'thati3PutareslQeritial"afea;" 'snii ,^,~~,.$eem~
regarding.'the noise anatbe'decll~ in prOPert'YvaI4es. ,;;c"t" > ~ ,j, :!:.t> ;
H.rbl'q~spoke concem!ngthefoll9W!ng:i~em~:., '. . .:
1. HE!;j~tlj,l?~9'~9,'hls P'T,y!o~ ;~~g~t19~:tti~t:'f(),~~d. aUpwsomeone to serV~on two advisory
boardSa~dreqU~11:ha.;m~;~p,mrolS,~tp,9co~,~~~rthls. '. .... /". .
2; He.wasconcerned regardlJlg'tl1e new"redl~ICtlng. He sala that having Lelsurevllle and
:i,H.l)ln~r;s'RunJfcl'the~Cl!!'lepi~CF1Pfesft~~'a str"t;ggle i.nthatdlstrictandhElWoulf:l ~ave more
corollleri~6n :niS itemi~$~f:iJt\,jf.e'f'i .,:,,'1., ,.... ..'.. ,..." ,1;.. . .
3. R:E!9~~iC\9Kri~PyKtem-e,~e tI1Ql1gh1;ttr~ttfi,e(;()mmlsslonsf1ould hsten to 'iVhatthe prevleus
sPi!~ker said. r~garding.1';h~~;,tWLjfj91?'~~PF1'i"iesal(jjtwlll be,! hi3lJ~"'qQt and a problem
fur fue Pdlice Department. .,. '. , ..., ....,. .,. . ,
Chri~ph,E!rJ'rent War<l, ~102.;Palm.l;l~ive, rePorted th;jt there was an megal.business
operatf6h (Barcelona;.Ptecast) at,30~5\StJ~e<;leraIHi9h~y, .It is ZOQ.e~".tor retail and an
industtlal'business is'J:1eing; r,un ther~r4wpiJ~~I1}Iq:upi3t1o!1al Ifeense. He 'said:fhat th[Sproperty
was annexed into the City. . .
,
City Manager Bressnertl)9ught that this property was in an unincorporated portion of the
cOlJnty. It was tracked through the DevelopmentDepartment and It showetithat it was not in
the City; however, he will follow up on this.
m. PUBLIC HEARING:. 6:30 P.M.ORASSOONTHEREAFTERAS THE AGENDA PERMITS
A.
Project: ,
Agent:
OWner:
Location:
Description:
Dakota Lofts
H. 'p: Tompkins
Chan's Enterprises
3010 S. Federal Higl1way
Request to redassify the subject property 1'tom Local Ret:c!i1
Corrimerdal and. Low Density Residential to High Density
Re$identi;al"ancl' rezoC\e .from <;-3 Community Commercial and R+
AA Single::ramily Resldehtli!1 to Planned Unit Development (PUD).
The. applicant proposes to develop the property with 19 three-
story town. homE!$and related site improvements. The site plan
(NWSP Ql-D10)will be adopted as the master plan fer the PUD
2
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Dick Hudson/SeniorPI~lnner with the Planning &:'Zlilnjn~r Division; explained that this land use
alTl~ndm~nt and~oningis for. propert'{Jocated at 8010 ?;FedelQl Highway, whIch. Is the site
: clf!:~fffORna:~n\41ah Restaurant, ;S$ff~t~weothe>se"reQ1:JeSt$andthey;aretoOSistent with
theJ'cr(impte.~n,$lVe. Plan artd witll the Federal HIghway ,GorridOr.Plan;. Thererore,;they
reeommend approval of bot Ii of theSe requeSt!;; . _
aty~tney'CherofsaltiM:/'lat .thi5:i~,:a quasHudicial proceecling.Heconduoted'a b'u1kswE!ilril1lg
irr(~t} ~ny'o~~w\shtri.gtO~ea~:arthePu~llc JHo/ing.Hea$ked~t jf.Qthet docum~'wete to
p&T~~iWt!ie ,~~f:d;~~y'!:jeii(:Ientllj!=lp; al'\~ left withtheClI;r:tq . If;ahyo : .. .speaKing"asan
ex-....... ~witAesSi'they.''SlioiJld)adVise;ofthatfatti.. " .
~~r~ '. ~ _.1 .'. . ,
Krl~...~nti/1,Vlrgl"iitGarden, DelrayBeach, s ..' n behalf of Dakota t.oJts. She said
tti~tselJeriika,~l of c(mdif.rdm;' e . 'ts.: . ebeenresohl~ lW[tlithe :deiieloper." She
preSen~;aI~~rto the .... Tom Dal<otaLci regarding the use ~f the cainaViapd.~i:v
gates. Th!~ letter' is rn~ . ';lmChment 2" an,d is attached to~eoriglnaJ mlAi.J.tes onllle in
~~,Qffj~.()f ~rP~ q~rh .S~~;:~ed whether it as a conditlonofapproval that;tity~~ri~
provIded tb ~reslt:leA\tS6f, 'l:IOOLane;
Mlcha~l R~mpf,Planni~g8\Za~.in9;pir~or, ~id,tha. t City. wC!ter W:OU..IQ be provid~,to residents
on. ;BambOOlane Who .are: cO~I'IW 'accessing water 'VIa a wel1andany- othe!\s who have
negottatecl. . . . '. ..
Fred Canova, 815 Bamboo Lane, l)elray Beach, presentedia letter with exh,bits to the
Commission, These items are marked "Attachment 3" and are attached,j;o the original minutes
on 1jIe in the offlceof the City perk.. He was concerned regarding Safe access Into Bamboo
Lan~.The developer ileE!psto'aadress this by either wldening>the.entrance Or making the
access through Virginia Gardens.
Mr., Canova' was . also concerr\.edregardingthe 47' high rooflinenext to his one<;$tOry h()me.
ThiS1pew cle5lgnaticihwlllailowthe<levelopeno build ,a 4!)' high bulld/og. This'will ralie an
env,iri)nmer)tallmpact on his home. He would be much more amenable to the zoning change if
thetCouldonlybuildtd' a height of 30'. '
Mr. canova said that,a PUD should relate to the characteristics of the sUlToundingarea. . This
proposed cleve10pmentls adjllcent to one-story residential homes and is out of seale with its
suir9undI119s. It does not meetthe definItion of a PUD.
~ ': ;j
AIlSerii10i'Paliner1lOlld,;~ltay~eaCh,stated that there appears to be some inconsiS\ency
beVNeentlle Siteplan:,af1l:lt;h~\elevat!lons l!J~the eightb(Jilclln9sbordering>F~eral Highway... The
elevations 'show a ~aratidnofb\Jildingswit:h a green area in between and the site plan shows
no '~p~r.atl~nS.He said tha~ p;almer Road empties out into the entrancewlIyof the Dakota~o~
prgject. Tbere \S n~)off~*~t parking ar;tywhere around Dakota Lofts and beCause of thiS,
there need,stobe sp~ ~m~1'!9ment to,tI;te plan, which providespnly five guest spots for
parking. . . .
3
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Press Tompkins/engineer and planner for Dakota Lofts, saId that thereis!;1o legal
dOp;!ment qfrecqrcl that they can find that creates Virginia Gardens or Bamboo Lane, He does
n6tme~tpatthW'~on~el(i$tPJi.YslcaJlY~ '~~ar<!in'9;'the 'l:raffic'f$$.loIe",t/)~:s)liPf!li~!3~'iaf~ftic
,repo'l\t',tci;it:!:le"CIly, .wtijchP~m;;Be<!th}<gp':~ntyjair>Pfoveq, St!I'l/ W~h'.R~ul'al),tg~~~jl,~
trips a d<!yamd .only 190 ,trips a-c;fay W6U1d;l:l~,g~era,te~: v.lItIiI",qa~~,:/i;()ftll;"};J1l~,,Ijg:ve
Pl'Opf>set:t~ol:lPwcdef:hernedianandnt~e,<!cc~s i~~~er, The hei9l'1.tof thebll!ldjrigslWO~Q. be
..4~~:~~j~~~~;!~9?':()(!tpe,~t)119i,,~'.~f1d1~',t?th~.-m~an,.'roci.:~,.~Y:P~l?e;~e?1.~p,~q\le
Wlni:l~,. ,. ~;l;!HP~!!!f.tl~p.ujJ1jQ,~:~;prp,~prly~~ !fJ:l.~Y,;~ul!i!~I~l!l9.~!J1.~~'UI1~!it!n. ,e
,aw ..,..fi.~J:tiecr.l>"i.d'est~I."+;,;13ezde:o>''f'Ot*no' 'J;iQ!','~"ij.e'AA~,,"':.\f,.tMl1f .;1'f'h' ';"" ":., , jia-"A"'"
...,...~:1,J:1l'.'.~ "'!.'.' "',,"".'."""lI.,..~",..,...f!Ill." y....'."....'''..~.~lt",:..'.."..?i'#-,'*.;..~ ~.' '.. .I,....~"'I'!".'~fl".,'~.. ,,~I"" ".c". ~Yl~.!~'/:~~'.' ,H1l'i:'" ......
at#:ljlil"i;<"'t;"'h'<;>il\:...~nit;i:;"at$:S:thaci~;jer-EEwllliP.E!i:wa:l{' ,'.., "'''W. . ;,o'.:iO~ii.",,~( ,';';~"""""""?' . ,,,
~""?W~~f'<'J'''' .::J,ffl". l;! ...... ."'. "$fP~~!li;'" ",~~'''lJ@!s@","_"''
Is nOW 27"9'l!de. . '~''F'''I' .... '..,...
~~~~~tlF.'-.i _ _ , ....!, :'~~{'::,;' ,.,.' " ,..', _ _ J :'~: ,,:~_ ,-~,:~+-L,'li: :}. ~L ,~, _ ~ __.~" ,,:
rr~lif~~€errr'6fiGommjSSIOner!FerguSQh)1MI1l:'RUmPfi:stated.fthal!tITe'..Migbt,@oliot'b.e in
'e';",".;~~~t. (I,~:' ",~; 'fe-' ," ",' "" . ~.;" '. '{'" ,t~"
,tI!~T"'1i"'t'" ...i'-'. '.. . .... . . ,. '.
G'c:)mh1i~jl>,be,rFergu~onmoved to approve thelan~buse and rezoping'fQr,Dal<ota'Lofts. ,Vice
~yOr ~iidsepOJil:ied'tHemCltion th~t ,<!rried unanimouSly.
''l;Wr" ~1 ~L ~!.l, :1:. 't "f ~- I
: ,I'iB. ,0,~I; 1 'Npti(;eJ)fiintent{R~llItliQm No.R02~Qb6)i\:Q;'aQopt:pending Land Development
Amendment, .
Oty Attorriey CflerQf;Statedthat this was listed under PubliC Hearing to afford the public an
opportunit'yto Cpmlllfjht.
Planning & Zohing.:DirectorMlthael Rumpf explained that tllis issue was raised by the
neighboring re$lden~i who were concerned regarding the ntaxlmumdevelopmentpotentiafon
vacant parcels in the 'M"l zonlflg, district on the south end of Congress Av~ue. There are a
vast. number of iriCll\~lusesthat could (:urrently~c;onstw~;on! thee remaining land; . Staff
is :ptli!pared'hrevaIU~~theCutl'ent regulations ahd~wiJIhave!recomm~ndationSIn sIx mi>ntf1s.
I
Commissloner Asher 'asked whether al/ the homeowner.a~scx:lations t/:lat surroun~thisrarea
could ~n9tffli!(:f..of'thisplai'medsix-inonth study. BOthOty Attorney Cherof and Mr. Rumpf
replied In tJie affirmative. . ,
, , f' "t ~
Motion .', ;
Commissioner Asher. moved to approve the Notice of Intent with the amendment that the
homeowner assodatlimssurrounding this area will be no~fJed. Motion was seconded by VICe
May()r Weiland andcamedunat)imo~sly.
xxn::' UNFINISHE[)BUSINESS:
A. Continued disCussion of enforcementofnc;urrent regulations requiring ,shade
canopies to be' defined as "structures" and, therefore, subject to building! .codes
and zoning regulations
4
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
DIRECTOR'S OFFICE
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425.0310
TEL. 561,742,6350
FAX. 561 742,6089
FILE COpy,
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www.boynton-beach.org
February 20, 2003
Mr Dror Trigger
Dakota lofts Development Corporation
3010 S. Federal Hwy
Boynton Beach, Fl 33435
Re. land Development Permit - Dakota lofts
Dear Mr Trigger'
Pursuant to the provisions of Chapter 5, Article VII of the Boynton Beach land Development
Regulations, this letter will serve as the land Development Permit for the above referenced project.
This land Development Permit allows you to proceed with required project improvements consisting
of underground water and sanitary sewer work only It is understood that this land Development
Permit is issued contingent upon your provision of the appropriate surety as required by the City
Engineer pursuant to the requirements in Chapter 7 of the Boynton Beach land Development
Regulations.
It is also understood that you proceed with said underground work at your own risk and that,
pursuant to Chapter 6, Article V, Section 6 A the land Development Regulations, failure to
complete these required improvements within(t;lJmonths from the date of this letter may permit the
City Commission to call upon your surety to co~e work.
Finally, Chapter 6, Article V, Section 2 of the land Development Regulations requires construction
progress reports from your engineer of record. For this underground work it is recommended that
you schedule a pre-construction meeting with representatives of the Public Works and Utilities
Departments to discuss scheduling, staging and inspections. Should you have any questions or
require additional information please contact Mr David Kelley, City Engineer, at (561) 742-6488.
Quintus Greene
Development Director
Xc: Jeff Livergood, Public Works Director
Dave Kelley, Assistant Director of Public Works/City Engineer
Ken Hall. Engineering Plans Analyst/Inspector
James Cherof, City Attorney
Nancy Byrne, Assistant Development Director
Pete Mazzella, Deputy Utilities Director
~
j)p )'/1 tonY; ;'N1!-1' 01'0/_
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CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
TO'
Quintus Greene, Director (DevelopmentlDepartment of Administration)
Mike Rumpf, Director (Planning & Zoning) ~
CC
Kurt Bressner, City Manager
FROM.
James A. Cherof, City Attorney 9Ae
Lindsey A. Payne, Assistant City Attorney.trIP
RE.
City of Boynton Beach I Dakota Lofts
Your File No. MSPM 02-006
DATE. December 10,2002
Please be advised that the City Attorney's Office and the attorney representatives of the developer
for Dakota Lofts have resolved the legal access issue regarding Bamboo Lane. Staff may
proceed to take whatever steps are necessary so that Dakota Lofts can proceed with their
Building Permitting. Please feel free to call City Attorney's Office if you have any questions
regarding this matter
LAP/ja
\\JGCDEJS\LIBRARY\1990\900182.BBIMEMO 2002\Oreene (Dakota Lolb).doc
OEe / 2002
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
March 12,2003
Mr Dror Trigger
3010 South Federal Highway
Boynton Beach, Florida 33435
RE.
FileNo..
Dakota Lofts
MSPM 02-006
Condition #46 - Re-review of floor plans and elevatIOns
3010 South Federal Highway
Location.
Dear Mr Trigger
Enclosed is a copy of the City of Boynton Beach Development Order for site plan
approval granted on January 21, 2003, by the City Commission for major site plan
modification to elevations and floor plans of nineteen (19) townhouse units in a Planned
Unit Development (PUD). The approved site plan (including elevations and floor plans)
is valid for one year from the original date of final approval (January 21, 2003). The
Community Redevelopment Agency (CRA) approved the revised elevations and floor
plans on March 11, 2003 The CRA determined that the proposed plans comply with
Condition of Approval No. 46, which stated.
"Final fat;ade changes pursuant to the above condition shall return to the Board to
confirm compliance prior to pulling a building permit"
Please recall that this approval is conditioned upon r ucing the proposed building
colors, namely the #841 Nuevo Terra and #GH77 Capri, two (2) color shades.
In order to maintain vested status, a building permit ust be secured or an extension
granted within one year of final site plan approval. To bontinue this project through the
development process, please revise relevant pages of your approved site plan to
incorporate all conditions of approval as applicable. The full rectified site plan set is to
be submitted as part of your permit plan package to the Building Division. The person
managing your permit applications should be made aware of any additional documents
and third party letters listed in the conditions of approval that need to be submitted with
your permit package.
The Building Division is committed to speedy and efficient completion of the building
permit process for your project. However, please note that failure to meet all applicable
development order conditions in the submitted rectified plan set may produce
unnecessary delays in permit issuance. Feel free to contact any TRC member for
additional clarification of comments(s).
City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310
Phone: (561) 742-ll260 . www.ci.boynton-beach.f1.us
Page 2
March 12, 2003
ImfJortant: If you plan to introduce anv changes to your approved site plan over and
above those required by conditions of approval, please contact our staff before
submitting a permit package to the Building Division. All modifications to the site plan
must be evaluated by our staff and processed accordingly
Should you have any questions regarding this matter, please feel free to contact this
office at (561) 742-6260.
Sincerely,
~
Michael W Rumpf
Director of Planning & Zoning
Cc: Karen Main, Technical Review Analyst
Don Johnson, Building Department
Jose Alfaro, Occupational License
MWR/ad
S \PlanningISHARED\WPlPROJECTS\DAKOT A LOFTS\MSPM O:::-OO6\Approval Ldter_doc
DEVELOI- ..IENT ORDER OF THE CITY COM.....iiSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
tJw.
PeL
.
~.
~.'~.
PROJECT NAME: Dakota Lofts
APPLICANT'S AGENT Dakota Lofts Development, Inc.
APPLICANT'S ADDRESS: 3010 South Federal Highway Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 21,2002
TYPE OF RELIEF SOUGHT Major site plan modification to elevations and floor plans of 19
townhouse units in a Planned Unit Development (PUD).
LOCATION OF PROPERTY 3010 South Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency, which Agency found as
follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1 Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
LHAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit 'C" with notation "Included"
4 The Applicant's application for relief is hereby
-K.. GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order I1II1
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H:)..r;.
DEPARTMENT OF DEVELOPMENT
Planning and Zoning Division
. Building . Planning & Zoning . Occupational Licenses - Community Redevelopment
December 5,2001
Mr H, P Tompkins, Jr,
HPT Consultants, Inc,
2295 Corporate Boulevard, N,W
Executive Court One-Suite 240
Boca Raton, FL 33431
RE, Dakota Lofts
Dear Mr Tompkins:
Pursuant to our meeting on Friday, November 30, 2001, you were to provide additional
information to the Planning & Zoning Division by Monday, December 3,2001 in order to meet
the deadline for the December 11, 2001 Community Redevelopment Agency (CRA) meeting.
The additional information included revised elevations, site plans, and a survey (including
Bamboo Lane), Also, there still remain unresolved issues which are to be resolved prior to
reconsideration by the CRA, and verified by formal agreements with adjacent property owners,
As a result, staff will recommend that the CRA further table the review until the January 8, 2002
CRA meeting, If your project is reviewed by the CRA on January 8th, this item would be
considered by the City Commission on January 15, 2002,
Should you have any questions, please contact Eric Lee Johnson at (561) 742-6260 for
rescheduling of this item,
Yours truly,
~J'C
Michael W Rumpf
Director of Planning & Zoning
\\CH\MAIN\SHRDATA\Planning\SHARED\WP\PROJECTS\DAKOT A LOFrS\NWSP OI-OlO\Resl:bcdule eRA,dot
City of Boynton Beach. 100 East Boynton Beach Blvd.. P,O, Box 310 Boynton Beach, FL 33425-0310
Phone: (561) 742-6260 . Fax (561) 742-6259 . www.ci,boynton-beach,f1,us
JRN-03-2002 12 08
Law omc..
HOLLRND RND KNIGHT LLP
An"'i"'"
AlIant
Befh.....
Iloilon
8r.Idenb>
Chicogo
FOfIlIudentale
J"""-ilo
We~ncI
lDo~
-.,.
Miami
- HOLLAND & KNJ.vHT LLP
One East Broward 80lEvard
P.O. Box 1<1070 (ZIP 33J02-4(70)
Fan lauderdale, Florida 333Cl
~5-1000
FAX 954-463-2030
hllp:J/.vNW.hklaw.oom
........ 0IIIeas,
CO-.
_Cb
~~"AOIIcI:
FACSIMILE
P,01
N_Ycrt
N_ Vil\line
OrVIndo
I'11>videnoo
Sal Ant>rOo
San F_
SeoIle
St~
Tallahassoo
T""",
W..rn.gton. CC.
WutPalm _
RiodoJ_
Sill.....
TelAIiV"
T~
TQ:
Eric Johnson
NAME
Boynton Beach
CITY
City of Boynton Beach
COMPANYlFlRM
Florida
S'l'ATE
561,742.6209
FAX NUMl3ER
I'l'ELEPHONE NUMBER)
llWM:
Micholle M. DeRoo.. Esq.
NAME
MESSAGE:
954.468,7934
T~L~HONE
ILL,
TOTALPAG~~'1~r~ ~""~..t)
Attached are copies of two proposed Agreements with adjacent tot ownere, Tile firsl Agreement (which is an
apeemeDt with an owner OD Vireinia Garcletl.s) addre88es canal ng:bts, access rights and watwr rights. The
.econd Agreement (which is an asre.ment with the owne. ot 6Z1 Bamboo Lane) addressees caIlal right. SDd
water and sewer rights. Ab we discussed, the attached Agreements are currently bein2" negotiated with the lot
owner8 and are therefo-re 8ubject to revi:,ions.
FOR THE RECORD;
DATE; January 3. 2002
FAXED BY:
CONFIRMSD: 0 YES 0 NO
If you did not receive all of
the pages or find that they
are illegible, please call
(954) 525-1000
URGENCY, I8l SUPER RUSH
Fll,E", 81726,1
o RUSH
CUENT NAME,
o REGULAR
NAMll; TIME:
CONPlD2NTlALITY NOTICE: This fae&imile, along with any documents, lilis. Of
atUlchmentJl, may contain infotmatioJ1 tn-t is confidte'ntial, prl~, or otMcwi"fr
exempt frQm disclosure, If you !tIe not the intended recipient ot a ~l1lt)n respol18ible
for delivering it to the inunded rooipi.nl, you are hmby ",,1itI.d lhat MY discIooute,
copYln;. printinc. di$t.noutiofl Qr use of any informatio:o. contained in or attached to
this facsim& ib Ittktly prohibited. If yOll have received this faC$i.mUQ in error,
please immediately notify us by facsimile 01' by telephone col>>ct at tbi numbers
sta~d above, and destroy the O1'ieinal fac$imile and ita attachments without readine.
c>ritttmk, Ot' ..vinil: iJ:r, any m:\J1OCl'. Yom ClOQ'Pet'8ition it! aDDftciated. Thank yOu.
JRN-0J-2002 12 08
HOLLRND RND KNIGHT LLP
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AGREEMENT
THIS AGREEMENT (the" Agreement"), dated this _ day of , 200-, is made by
and between DAKOTA LOFTS AT BOYNTON, LLC, a Florida limited liability company (hereinafter
called "Developer''), whose address is 2290 N W Corporate Blvd., Suite 245, Boca Raton, Florida 33431
and (hereinafter called "Owner"), whose address is 2 Virginia
Gardens. Delray Beach, Florida 33483-6306.
RECIY ALS
WHEREAS, Developer is the fee simple owner of certaio real property located in the City of Boynton
Beach, County of Palm Beach, State of Florida, being more particularly described 00 Exhibit "A"
attached hereto and made a part hereof (hereinafter "the Property");
WHEREAS, Developer proposes to construct multi-family residential townhome ..nits upon a portion of
the Property (hereinafter called the "Project") in accordance with the proposed site plan which is attacbed
hereto as "Exhibit B" and made a part hereof, as same may be amended or revised from time to time by
the Developer in its sole and absolute discretion (hereinafter the "Site Plan");
WHEREAS, Owner is the fee snnple owner of certain real propertY located adjacent to the Property,
being more particularly described on Exhibit "C" attached hereto and made a part hereof (hereinafter the
"Owner's Lot'');
WHEREAS, Developer and Owner desire to enter into this Agreement to document certain agreements
made between the parties, as more fully set forth herein.
NOW THEREFORE, in consideration of the mutual covenants, benefits and agreements of the partiO$ hereto
and the sum ofTEN DOLLARS ($10,00) and other good and valuable consideration received, the receipt and
adequacy of which is hereby acknowledged, the parties do hereby agree and acknowledge the following;
Recitals: The above recitals are true and correct and are incorporated herein by this reference.
2. ImDrovements for Water Services.
A. Water Services. Developer agreO$ that, upon its receipt of all the govemmentalapprovals
necessary for the development of the Project, and provided that Developer can obtain the necessary
approvals and easement rights required for same, Developer will: (i) install the appropriate water main
extensions and meters at the location indicated by the City of Boynton Beach (the 'City") so that potable
water service is provided to the Owner's Lot; and (ii) pay any meter hook up fees charged by the City in
connection therewith,
B. DisruDtion of Water Service, Developer agrees that prior to the time that the Owner's Lot
has been provided with the alternative water service described in Paragraph 2.A, above, Developer shall
not take any action upon the Property wh.ich would cause the Owner to lose the ability to obtain water
from the existing wel!.
3 Easement A2teement. Attached hereto as Exhibit "D" and made a part bereof is an Easement
Agreement (hereinafter the "Easement Agreement''). which sets forth and provides the Owner with
certain easement rights Over portions of tbe Property The parties agree that upon the Developer's receipt
of all the City and other governmental approvals necessary for the development of the Property, the
JRN-03-2002 1~ 09
HOLLRND RND KNIGHT LLP
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DevelQper and Owner shall execute an original of the attached Easement Agreement. Developer shall
record the original executed Easement Agreement after all of the sIte development work and construction
throughout the Projcx:t has been completed by Developei' and are available for use (as evidenced by
Developer obtaining the final sign-off's and approvals of the applicable iovemmental authorities), or
prior thereto, at the sole option of the Developer,
4, Ownc:r's Al!reemenl to CooPerate. As consideration for the Developer entering into this
Agreement and eDtering into the Easement Agreement, the Owner agrees to fully cooperate with
Developer in order to ensure that the Property obtains the City and/or other governmental approvals
necessary for the development of the Project.
5. DeveloDer's Right to Create Lel!al Descriotions. The parties acknowledge and agree that the
exact legal descrIption of the Vehicular Access Easement Area (as more fully described in the Easement
Agreement), has not been determined, but shall be reasonably determined by Developer at a later date,
Upon Developer's determination of the exact legal description of the foregoing, Developer shall be
automatically permitted, upon providing the Owner copies thereof, to attach the legal description of the
Vehicular Access Easement Area to the Easement Agreement as Exhibit "c" thereto, without any further
action, consent Or approval required by the Owner
6. Effective Date, The effective date of this Agreement (the "Effective Date") shall be the date on
which the last of the parties hereto executes this Agreement, The parties agree that this instrument shall
not be recorded in the Public Records,
7 Termination/Amendment/Modification. This Agreement (and all el<hibits attached hereto
including but not limited to the Easement Agreement) shall be deemed automatically tenninated and of no
force or effect in the event (i) the Project is not approved by the City Or any other governmental bodies
having jurisdiction, in accordance with the Site Plan; (ii) Developer elects, in its sole discretion, not to
proceed with the development of the Project; or (iii) the Owner takes any actions (or fails to act as
required herein), in a manner which is inconsistent with its obligations set forth in Paragraph 4 hereof.
Except as otherwise specifically provided in this Agreemeor, this Agreement may be amended, modified
or tenninated, in whole or in part, at any time by a written instrument, executed and acknowledged by the
Developer and the Owner, or their successors or assigns.
8. Governillll Law. This Agreement shall be construed and enforced in accordance with the laws of
the State of Florida, County of Palm Beach and, unless otberwise tenninated as provided herein, shall be
binding upon the heirs. successors and assigns of the parties hereto, it being the intent hereof that the
rights and obligations hereunder shall run with the land and follow the ownership of each party's
respective property
9 Liti2lltion, If any party institutes any legal action or proceeding for breach of the provisions of
this Agreement or the enforcement of any right or obligation herein contained, the unsuccessful party in
such action or proceeding shall reimburse the successful party immediately upon demand fOr all
reasonable costs and expenses actually incurred in connection therewith, including, but not limited to,
reasonable attorneys' fees and expenses.
10, Remedies. in the event of a breach by any party hereto of any obligations hereunder, the other
parties hereto shall be entitled to obtain an injunction or to seek an) other remedy availabfe to them under
law or inequities. The parties hereto acknowledge the potential inadequacy of lejl:al remedies and the
irreparable hann which could be caused by any such breach and in connection therewith agree to tlte
remedy of injunction provided herein.
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11 Exhibits. Any exhibits attached to this Agreement or any amendments or exhibits hereto that
contain sketches or depictions oflots(s), common properties. lakes. roadways, improvements. Or any other
items shown on the exhibits, if allY (the "Sketched ltem(s)). shall not be binding as to the existence, size,
dimensions. locations or identification of any other aspect of Sketched ltem(s) and shall only be for
informational, reference. conceptual and general schematic purposes only The Site Plan attached hereto
is a proposed and preliminary site plan of the Project and may be subject to change from time to time at
the Developer's sole and absolute discretion.
12 Authority, Owner represcnts and warrants that it has full right and authority to execute and
deliver this Agreement and that it is the sole owner in fee simple of the Owner's Lot.
IN WITNESS WHEREOF, the Developer and the Owner have each executed this Agreement on the date
set forth below
Signed and sealed in the
DAKOTA LOFTS AT BOYNTON, LLC, a
Florida limited liability company
BY'
Print Name:
Title:
Print Name:
Print Name;
Date:
S'I"A TE OF FLORIDA
COUNTY OF
)
)
)
The foregoing instrument was acknowledged before me this day of ,
200_> by , as of DAKOTA LOFTS AT BOYNTON,
LLC, a Florida limited liabIlity company, on behalf of said compauy He/She is personally known to me
or has produced as identification.
(SIGNATURE OF NOTARY PUBLIC)
(Name of Notary, typed, printed or stamped)
(Title or r8/1k (serial number, if any)
FTLl #570721 v3
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HOLLAND AND ~N[GHT LLP
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EXHIBIT "'0"
EASEMENT AGREEMENT
P~""l'Itd bv and Return to:
Michelle M, DeRosa, Esq,
HOLLAND & KNIGHT LLP
One E. Broward Blvd" Suite 1300
Ft. Lauderdale, Florida 33301
EAS~NTAGREEMENT
nus EASEMENT AGREEMENT (the "Easement Aareement") is made this day of
,200_ by and between DAKOTA LOFTS AT BOYNTON, LLC, a: Florida limited liability
company ("Developer"). having its principal office at 2290 N. W Corporate Blvd" Suite 245, Boca Raton,
Florida 33431 and ' ("Owner"), whose ad~ is
:2 Virginia Gardens, Deltay :Beach, Florida 33483-6306,
RECITALS
WHEREAS, Developlll' is the fee simple owner of certain real propeI1)' located in Palm Beach County,
Florida, being more particularly described on Exhibit "A" attached hereto and made a part hereof
(hereinafter the "Property");
WHEREAS, Owner is the fee simple owner of certain real property located adjacent to the Property, being
more particularly described on Exhibit "B" attached hereto and made a part hereof(hereinafterthe "Owner's
Lot");
WHEREAS, Owl1er has requested thal Developer grant certain ensement rights to Owner, for the benefit of
Own". Let, as more fully set forth herein;
WHEREAS, Developer has aareed to grant such casement rights, subject to the tenns and conditions
contained herein,
NOW. THEREFORE, for and in COI\sideration of the mutual covenants, benefits and agreement of the parties
thereto and the sum ofTEN AND NO/lOO DOLLARS ($10,00) and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged. the parties do hereby agree as follows:
1 Recitals, The above recitals are true and correct and incorpol'llied herein by this reference.
TRN-03-2002 12:10
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2, In=ss, EEres. and Access P......."ent. Subject to any express conditions, limitations or
reservations contained herein, Developer hereby grants unto Owner, for the benefit of Owner's Lot, a
perpetual non-exclusive ingress, egress iIIId access easement over and across the roadways constructed or to
be constructed on that portion of Property more particularly described on Exhibit "C" attached hereto and
made a part hereof (the "Vehicular Access Easement Area"), for vebicular traflk, together with the right to
use the Vehicular Access Easement Area for adequate and unobstructed vehicular passage to and from
Virginia Gardens (said roadway being located within the northern bolUldllI)' of the Propert)), and Bamboo
Lane (said roadway being located adjacent to the southerly boundary of the Property), The ea,ement granted
herein shall be for ingress, egress and access purposes, for the use and benefit of all present and future owners
of all or any portion of Owner's Lot, but shall not include the right to park upon any portion of the Vehicular
Access Ealiement Area or any other portion of the Property
A Rillht to relocate. Developer shall have the unilateral right, but not the obligation, at any
time, in its sole discretion and at its sole cost and expense. to relocate the Vehicular Access Easement
Area provided that such relocation of the Vehicular Access Easement Area does not peJ1llanently
interrupt or prohibit vehicular access by the Owner to and from the Owner's Lot.
B, Access tbroucl1 Gates. In the event Developer intends to construct entry gates at any
entrance to the Property which would rmn<;t the Owner's ability to obtain ingresS, egress or access to
the Owner's Lot, as s~ forth above, Developer shall provide Owner with any appropriate enlly cards
or <;odes whi<;h may be ~uiJed for Owner to obtain access through such gates prior to Developer's
completion of the installation of sarne, Owner's use of the Vehicular Access Easement Area and any
gates which may be constructed upon the Property shall be subject to any rules and regulations
promulgated by the Developer or the Developer's Association (as hereinafter defmed) from time to
time relating to same,
3. Canal Easement Developer is the owner of that certain property described on Exbibit "D" and
made a part hereof (the "ClIIlal Property"), upon which is constructed a canal, Subject to any express
conditions, limitations or reservations contained herein, Developer hereby grants unto Owner, for the benefit
of Owoer's Lot, perpetual non-exclusive easement rights to: (i) construct, install and maintain a dock (the
"Owner's Dock") within the Canal Property; and (ii) for access over and across the Canal Property, from the
Owner's Dock to the InttaCOastal wateIWay, which is located adjacent to and east of the Canal Property.
A. Develooer's Aooroval of Owner's Dock. Prior to commencing the construction or
inslIlllation of a dock, or any renovations to a dock which currently or may exist within the Canal
Property from time to time, Owner shall submit all plans and specifications for the proposed
dock, or renovations (the "Dock Plans") to Developer for Developer's prior written approval of
same, such approval not to be unreasonably withheld, The Owner's 00<;1:. shall be constructed
and maintained in accordance with the Dock Plans and all applicable laws, codes, ordinances and
regulations of govemmental entities having jurisdiction over the Canal Property
Notwithstanding the foregoing, no docks or other related improvements shall be constructed,
e~ted or placed b)i OWner within the Canal Property, nor shall the Canal Property be used by the
Owner in a manner, which would re$trict or limit the ability of other third parties having rights to use
the Canal Property to navigate boats and other vessels within the Canal Property Developer's
approval of the Dock Plans shall not be deemed to be unreasonably withheld if such Dock Plans are
deemed by the Developer to negatively affect the right and ability of any third parties to use the
Canal Prol"lrty,
B. Maintenance of Dock, The Owner's Dock shaH be maintained at all times by Owner, at its
sole cost and expense, in a neat and sightly condition and in good working order, The rights granted
to Owner under this Paragraph 3 _ for pwposcs of pennitting the ">listence of the Owner's Oock
which b or may be located within tile Canal Property from time to time, and shall include the right of
fHI;-03-2002 12 11
HOLLHND AND KNIGHT LLP
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access over the CAlIal P~rtv as may be necessary for Owner to provide normal and routine
maintenance and repairs to the Owner's Dock, Nothing contained herein shall be deemed to grant to
the Owner the right to rep1ace or reconstrUCt the Owner's Dock or to conslIUCt any new docks within
the Canal Property without obtaining the prior written approval of the Developer, In addition to
maintaming its dool<, the Owner shall be required to maintain and trim any trees located within the
Owner's Lots which are within fifteen (15) feet of the Canal Property so that all limbs and branches
ace atlesst twenty.five (25) feet from the ground at all times and so that such trees do not obstruct the
view of the Canal Property by an) parties owning all or any portion of the Property In the event
Owner shan fail to maintain the trees in a manner as set forth above, the Developer and/or the
Developer's Association shall bave the right, but not the obligation. to take s~h actions and mcUl
such expenses as lIIay be reasonably required to maintain the tnes, in which event Owner shall repay
Developer and/or the Developet's Association. as approptiate, such sums of money reasonably
expended by Developer or the Developer's Association in performing same within ten (10) days after
written notice from Developer or Developer's Association.
C, Maintenance of Canal PrODertY, The Developer and/or the Developer's Association may
perfonn any maintenance and repairs to the Canal Property as and wilen it dc:ems it necessary
from time to time, in its sole and absolute discretion, without the need of obtaining the approval
of the Owner or any other third parties, All costs and expenses incurred by the Developer andlor
the Developer's Association in connec:tion therewith shall be divided in an equitable manner and
on.. pro'....ta basis between all parties having docks within the Canal Property,
D Contribution by Owner The Owner shall share, on a pro.rata basis, in all costs incurred
by the Developer andlor the Developer's Association in performing any maintenance and/or
repairs to the Canal Property (the "Maintenan~ Costs"), The Owner's obligation to pay a pro-
rata share of the Maintenance Costs shall commence on the date on which this Easement
Agreement is recorded in the Public Records of Palm Beach County, Florida, The Owner's share
of the Maintenance CC>Sts (hereinafter the "Owner'S Pro-Rata Share") shall be determined by
multiplying the total Maintenance Costs by a fraction, the numerator of which is the total square
footat;e of the seawall located within the Owner's Lot and/or the Canal Property located adjacent
thereto (the 'Owner's Seawall"), the denominator of which is the total square footage of all
seawalls constructed within the Canal Property or the land located adja<;ent thereto. For example'
Owner's Pro-Rata Share ~ Maintenance Costs l( Total SQ. Ft. of Owner's Seawall
Total Sq. Ft. of all docks within the
Canal Property andlor the land adjacent thereto
The Developer and/or the Developer's Association shall be permined 10 increase or decrease the
total square footage of all seawalls within the Canal Property at any time, and in its sole and
absolute discretion, subject however to any applicable zoning restrictions, and the provisions of
this Paragraph.
E. If the Owner fails to pay the OMler's Pro-Rata Share of the Maintenance Costs within
thirty (30) days after request for payment by Developer or the Developer's Association,
Developer and/or the Developer's Association shalll1ave all rights and remedies available in law
and equity All sums due, jf not paid within said thirty (30) day period, shall bear interest from
the due date at a rate equal to the highest lawful rate, In the event Developer andlot the
Developer's Association is required to collect any unpaid amounts through collection andlor
litigation, Developer or the Developer's Association shall be entitled to recover from the Owner
its reasonable attorneys fees and expenses. The Developer and/or the Developer's Association
shaH ha.ve the right to suspend an Owner's rights to use the C'.llUal Propelty for any period during
which the Owner s Pro-Rata Share of any Maintenance Costs remains unpaid and delinquent.
11'11<-0:'-2002 12 12
HOLLAND RND KNIGHT LLP
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The Owner shall not be permitted to waive or otherwise escape Iiabilil)' for lIle Owner's Pro-Rata
Share by non-use of the Owner's Dock or the Canal Property
4. Use of Easement RinhtslIndemnification,. The easement rights granted herein shall be used by
Owner in such a manner that: (i) is consistent with any buildings and improvements constructed upon or
to be constructed upon the Property; (ii) is consistent with and will not interf.,.-e willl the rights of the
Developer, the Developer'S Association or any third party to exercise and enjoy any rights it may have to
use lIle Canal Property; and (iii) win minimize interference with and will be compatible with the
construction and use of buildings and improvements. The Owner shall indemnify and hold the Developer
and the Developer's Association harmless from and against all charges, claims, liabilities and expenses
(including reasonable attorneys fees and expenses) related to accidents, injuries, loss or damage of or to
any person or property arising from the Owner's and its guests, licensees and invitees, use of the Property
or any portion thereof, and lIle Owner's Dock.
5 Assil!nment of Develocer's Riehts, The parties agree that Developer shall at all times have the
right to convey the Propert) and/or llS5ign its Developer's rights and obligations hereunder to a property
owners association, homeowners ass<x:iation, and/or condominium association created by Developer for
purposes of maintaining the Property by means of conveying all or any portion of the Property to said
assoclation(s), submitting all or any portion ofllle Property to a Declaration of Restrictions, or by
assigning its rights and obligations hereunder to said association(s). Upon such conveyance, submittal or
assignment, Developer shall be released from all liabilities and obligations hereunder and such property
owners, homeowners or condominium owners association shall be solely responsible for all obligations of
Developer hereunder and shall have the right to enforce all rights of Developer hereunder.
6, Bindinl! Effect. All easements granted herein shall be binding upon lIle parties, their respective
heirs, legal representatives. successors and assigns and shall be for the use and benefit of all present and
future owners of the propert), lIleir tenants, customers, agents, invitees, licensees, guests, occupants and/or
mortgagees of all of any portion of lIle property hereunder.
7 Transrer Ri2hts, Nothini contained in this Easement Agreement shall be deemed to bc a gift or
dedi;:ation of any portion oflbe Property to lIle general public or for any public use or purpose whatsoever, it
being the intention of the parties hereto and lIleir successors and assigns, that nothing in this Easement
Agreement, eKpressed or implied, shall confer upon any person, other than the parties hereto and their
successors and assigns, anv rights or remedies under or by reason oflllis Easement Agreement.
8, Miscellaneous,
A. If any provision of this Easement Agreement, or portion thereof, or the application thereof to
any person or circumstanllCS, shall, to any extent be held invalid, inoperative or unenforceable, the
remainder of this Easement Ail'Cement, or the application of such provision or portion lIlereof to any
olller persons or circumstances, shall not be affected thereby; it shall not be deemed that any such
invalid provision atTeets lIle consideration for this Easement Agreement; and each provision of this
Easement Agreement shall be valid and enforceable to lIle fullest extent permitted by law,
B, This Easement Agreement shall be construed in accordance with the laws of the State of
Florida,
c, Nolllina in lIlis Easement Agreement shall be construed to make the parties hereto partners
or joint venturers or render any party liable for the debts Or obligations of lIle other parties hereto,
D. Unless otherwise specifically provided herein, this Easement Agrecm<::nt, and the
easement rights contained herein, may nO! be amended, modified, or tenninated except pursuant
THt1-03-2002 12 12
HOLLA:1D HND Kt~ I GHT LLP
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to written instrument, exe~uted and acknowledged by all of the parties helelo or their successors
or assigns, and recorded in the Public Records of Palm Beacll County, Florida.
E. This Easement Agreement shall be effective on the date recorded in the Public Records and
shall be binding and inure to the benefit of the respective heirs, legal representatives, successors and
assigns of Developer and Owner herein. it being the intent hereof that the rights and obligations
hereunder shall run with the land and follow ownership of the Property and Owner's Lot
F Developer reserves the right to grant such additional non.exclusive easemenes under, over
and across the Vehicular Access Easement Area and the Canal Property, in its sole and absoltrte
diSctelion. without the need for the consent or joinder thereto by the Owner, or any other person,
provided that such additional e.1$Cnlents do not adversely affect or interfere with the tights conveyed
to Owner herein,
G, Nothing contained in this Easement Agreement shall be construed as creating any rights in
the lleneral public or as dedicating for public use any portion of the Property, No easement, except
those expteSSly set forth herein shall be implied by this Easement Agreement.
9 -,\uthoritv, Owner represents and warrants that it has full right and authority to execute and
deliver this Easement Agreement and that it is the sole owner in fee simple of the Owner's Lot.
IN '",lTNESS WHEREOF, the Developer and the Owner have each executed this Easement Agreement
Olllhe date set forth below
Signed and sealed in the
DAKOTA LOFTS AT BOYNTON, LLC, a
Floridlllimited liability company
By:
Print Name:
Title:
Print Name:
Print Name:
Date:
STATE OF FLORIDA
COUNTY OF
)
)
)
The foregoing instrument was acknowledged before me this day of ,
200-, by , as of DAKOTA LOFTS AT BOYNTON,
LLC, a Florida limited liability company. on behalf of said co~pany He/She is personally known to m~
or has produced as identification.
(SIGNATURE OF NOTARY PUBLIC)
(Name ofl'lotary, typed, printed or stamped)
(Title Or rank (serial number, if any)
JAH-03-2002 12 13
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AGREEMENT
THlS AGREEMENT (the "Agreement"), dated this __ day of ,200_, is made by
and between DAKOTA LOFTS AT BOYNTON, LLC, a Florida limited liability company (hereinafter
called "Developer"), whose address is 2290 N,W Corporate Blvd., Suite 245, Boca Raton, Florida 33431
and (hereinafter called .Owner"), whose address is 821
Bamboo Lane, Delroy Beach, Florida 33483
RECITALS
WHEREAS, Developer is the fee simple owner of certain real property located in the City of Boynton
Beach, County of Palm Beach, State of Florida, being more particularly described on Exhibit" A"
atta<: hed hereto and made a part hereof (hereinafter "the Property");
WHEREAS, Developer proposes to construct multi.family residential townhome units upon a portion of
the Property (hereinafter called the "Project") in accordance with lhe proposed site plan which is attached
hereto as "Exhibit B" and made II part hereof, as same may be amended or revised from time to time by
the Developer in its sole and absolute discretion (hereinafter the "Site Plan");
WHEREAS, Owner is the fee simple owner of certain real property located adjacent to the Property,
being more particularly described on Exhibit "e" attached hereto and made a part hereof (hereinafter the
"Owner's Lot'');
WHEREAS, Developer and Owner desire to enter into this Agreement to document certain agreements
made between the parties, as more fully set forth herein.
NOW TIlEREFORE, in consideration of the mutual covenants, benefits and agreements of the parties hereto
and the sum ofTEN DOLLARS ($10,00) and other good and valuable consideration received, the receipt and
adequacy of which is hereby acknowledged, the parties do hereby agree and acknowledge the following:
Recitals: The above recitals are true and correct and are incorporated herein by this reference.
2. ImDrovcmenls for Water Services.
A, Water Services, Developer agrees that, upon its receipt of all the governmental approvals
necessary for the development of the Project, and provided that Developer can obtain the necessary
approvals and easement rights required for same, Developer will: (i) install water lines along Bamboo
Lane so that the City of Boynton Beach (the "City") can provide potable water service to the Owner's
Lot; (ii) install the appropriate water main extensions and meters at the location indicated by the City;
and (iii) pay any meter hook up fees charged by the City in connection therewith,
B, DisruDtion of Water Service, Developer agrees that prior to the time that the Owner's Lot
has been provided with the alternative water service described in Paragraph 2.A. above, Developer shall
not take any action upon the Property which would cause the Owner to lose the ability to obtain water
from the e"lsting well,
3. Easement Agreement. Attached hereto as Exbibit "D" and made a part hereof is an Easement
Agreement (hereinafter the "Easement Agreement"), which $C!ts forth and provides the Owner with
certain easement rights over portions of the Properly The parties agree that upon the Developer'S receipt
of all the City and other governmental approvals necessary for the development of the Property, the
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HOLLAt,D RND KNIGHT LLP
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Developer and Owner shall execute an original of the attached Easement Agreement. Developer shall
record the original executed Easement Agreement after all of the site development work and construction
throughout the Project has been completed by Developer and are available for use (as evidenced by
Developer obtaining the final sign-offs and approvals of the applicable governmental authorities), or
prior thereto, at the sole option of the Developer,
4, Owner's Almlement to Cooocrate. As consideration for the Developer entering into this
Agreement and enterini into the Easement Agreement, the Owner agrees to fully cooperate with
Developer in order to eosure that the Property obtains the City and/or other governmental approvals
necessary for the development of the Project.
5, Effective Date. The effective date of this Agreement (the "Effective Date") shall be the date on
which the last of the parties hereto executes this Agreement. The parties agree that this instrument shall
not be recorded in the Public Records.
6, TerminationJAmendmenllModification, This Agreement (and all exhibits attached hereto
including but not limited to the Easement Agreement) shall be deemed automatically terminated and of no
force or effect in the event (i) the Project IS not approved by the City or any other governmental bodies
having jurisdiction, in accordance with the Site Plan; (ii) Developer elects not to submit the Site Plan for
approval or elects to seck alternative approval for the use and development of the Property; (ii)
Developer, in its sole discretion, elects not to proceed with the development of the Project; or (iii) the
Owner takes any actions (or fails to act as required herein), in a manner which is inconsistent with its
obligations set forth in Paragraph 4 hereof, Except as otherwise specifically provided in this Agreement,
this Agreement may be amended, modified or terminated, in whole or in part, at any time by a written
instrument, executed and acknowledged by the Developer and the Owner, or their successors or assigns.
7 Governi"" Law. This Agreement shall be construed and enforced in accordance with the laws of
the State of Florida, County of Palm Beach and, unless otherwise terminated as provided herein, shall be
binding upon the heirs, successors and assigns of the parties hereto, it being the intent hereof that the
ri&hts and obligations hereunder shall run with the land and follow the ownership of each party's
respective property
8. Liti211tion, If any party institutes any legal action or proceeding for breach of the provisions of
this Agreement or the enforcement of any right or obligation herein contained, the unsuccessful party in
such action or proceeding shall reimburse the successful party immediately upon demand for all
reasonable costs and expenses actually incurred in connection therewith, including, but not limited to,
reason.ble attorneys' fees and expenses,
9 Remedies, In the event of a breach by any party hereto of any obligations hereunder, the other
parties hereto shall be entitled to obtain an injunction or to seek any other remedy available to them under
law or inequities, The parties hereto acknowledge the potential inadequacy of legal remedies and the
irreparable hann which could be caused by any such breach and in connection therewith agree to the
remedy of injunction provided herein,
10, Exhi~ilS, Any exhibits attached to this Agreement or any amendments or exhibits hereto that
contain sketches or depictions oflots(s), common properties, lakes, roadways, improvements, or any other
Items shown on the exhibits, if any (the "Sketched Item(s)), shan not be binding as to the existence.. size,
dimensions, locations Or identification of any other aspect of Sketched Item(s) and shall only be for
informational, reference, conceptual and general schematic purposes only The Site Plan attached hereto
is a proposed and preliminary site plan of the Project and may be subject to change from time to time at
the Developer's sole and absolute discretion,
JRN-03-2002 12:14
HOLLRND RND KNIGHT LLP
P 12
11 Authoritv, Owner represents and wmants that it has full right and authority to execute and
deliver this Agreement and that it is the sole owner in fee simple of the Owner's Lot.
IN WITNESS WHEREOf, the Developer and the Owner have each executed this Agreement on the date
set forth below
Signed and sealed in the
DAKOTA LOFTS AT BOYNTON, LLC, a
Florida limited liability company
Print Name:
By:
Print Name:
Title:
Print Name:
Date:
STATE OF FLORIDA
COUNTY OF
)
)
)
The foregoing instrument was acknowledged before me this day of ,
200--, by , as of DAKOTA LOFTS AT BOYNTON,
LLC, a Florida limited liability company, on behalf of said company He/She is persoually known to me
or has produced as identification,
(SIGN A TURE OF NOTARY PUBLIC)
(Name of Notary, typed, printed or stamped)
(Title or rank (serial number, if any)
flU #570727 v2
JAN-03-2002 12 14
HOLLAND AND KNIGHT LLP
P 13
EXHIBIT "D"
EASEMENT AGREEMENT
Preoal'ed bv and Return to;
Michelle M, DeRosa, Esq.
HOLLAND & KNIGHT LLP
One E, Broward Blvd., Suite 1300
Ft. Lauderdale, Florida 33301
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (the "Easement Al!reement") is mad. this day of
,200_ by and between DAKOTA LOFTS AT BOYNTON, LLC, a Florida limited liability
company ("Developer"), having its principal office at 2290 NW COlpOl'ate Blvd" Suite 245, Boca Raton,
Florida 33431 and , ("Owner"), whose address is
_821 Bamboo Lane, Delray Beach, Florida 33433,
RECITALS
WHEREAS, Developer is the fee simple owner of certain real property located in Palm Beach County,
Florida, being more particularly described on Ellhibit "A" attached hereto and made a part hereof
(hereinafter the "Property");
WHEREAS, Owner is the fee simple owner of certain real property located adjacent to the Property, being
more particularly described on Exhibit "B" attached hereto and made a part hereof (hereinafter the "Owner's
Lot");
WHEREAS, Owner has requested that Developer grant certain easement rights to Owner, for the benefit of
Owner's Lot, as more fully set fonh herein;
WHEREAS, Developer has agreed to grant such easement rights, subject to the tenns and conditions
contained herein,
NOW, TIlEREFORE, for and in consideration of the mutual covenants, benefits and agreement ofthe parties
thereto and the sum ofTEN AND NO/I 00 DOLLARS ($10.00) and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agtee as follows;
1 Recitals, The above recitals are true and correct and incorporated herein by this reference.
2, Canal Easement Developer is the owner of that certain property described on Exhibit "D" and
made a part hereof (the "Canal Property"), upon which is constructed a canaL Subject to any express
conditions, limitations or reservations contained herein, Developer hereby grants unto Owner, for the benefit
of Owner's Lot, perpetual non-exclusive easement rights to: (i) construct, install and maintain a dock (the
"Owner's Dock") within the Canal Property; and (ii) for aCGCss over and across the Canal Property, from the
Owner's Dock to the Intracoastal waterway, which is located adjacent to and east ofth. Canal Property,
A. Develoner's ADDroval of Owner's Dock. Prior to commencing the construction or
installation of a dock, or any renovation. to a dock which currently or may e"ist within the Canal
JAN-03-2002 12:15
HJLLAND AND KN J GI-IT LLP
P 14
Property from time to time, Owner shall submit all plllns and specifications for the proposed
dock, or renovations (the "Dock Plans") to Developer for Developer's prior written approval of
same, such approval not to be unreasonably withheld. The Owner's Dock shall be constructed
and maintained in accordance with the Dock Plans and all applicable laws, codes, ordinances and
regulations of governmental entities having jurisdiction over the Canal Property
Notwithstanding the foregoing, no docks or other related improvements shaD be constructed,
erected or placed by Owner within the Canal Property, nor shall the Canal Property be used by the
Owner in a manner, which would restrict or limit the ability of other third parties having rights to use
the Canal Property to navigate boats and other vessels within the Canal Property. Developer's
approval of the [)Qck Plans shall not be deemed to be unreasonably withheld if such Dock Plans are
deemed by the Developer to negatively affect the right and ability of any third parties to use the
Canal Property
B. Maintenance of Dock, The Owner's Dock shall be maintainoo at all times by Owner, at its
sole cost and expense, in a neat and sightly condition and il1 good working order. The rights granted
to Owner under this Paravapb 3 are for pw-poses of pennilting the exis~ce of the Owner's Dock
which is or may be located within the Canal Property from time to time, and shall include the right of
access over the Canal Property as may be necessary for Owner to provide normal and routine
maintenance and repairs to the Owner's Dock. Nothing contained herein shall be deemed to grant to
the Owner the right to replace or reconstruct the Owner's Dock or to construct any new dock. within
the Canal Property without obtaining the prior written approval of the Developer, In addition to
maintaining its dock, the Owner shall be required to maintain and trim any trees located within the
Owner's Lots which are within fifteen (15) feet of the Canal Property so that all limbs and branches
are at lesst twenty-live (25) feet fiom the ground at all times and so that such trees do not obstruct the
view of the Canal Property by any parties owning all or any portion of the Property Tn the event
Owner shall fail to maintain the trees in a manner as set forth above, the Developer and/or the
Developer's Association shall bave the right. but not the obligation, to take such actions and incur
such e"Pense~ as may be rca50llably required to maintain the trees, in which event Owner shall repay
Developer andlor the Developer's Association, as appropriate, such sums of mmey reasonably
expended by Developer or the Developer's Association in performing same within ten (10) days after
written notice fiom Developer Or Developer's Associalion.
C, Maintenance of Canal Prooertv. The Developer and/or the Developer's Association may
perfonn any maintenance and repairs to the Canal Property as and when it deems it necessary
from time to time, in its sole and absolute discretion, without the need of obtaining the approval
of the Owner or any other third parties, All costs and expenses incurred by the Developer andlor
the Developer'S Association in connection therewith shall be divided in an equitable manner and
on a pro-rata basis between aU pmies hay ing <Ioc4 within the Canal Property
D Contribution bv Owner. The Owner shall share, On a pro-rata basis, in all costs incurred
by the Developer and/or the Developer'~ Association in performing any maintenance and/or
repairs to the Canal Property (the "Maintenance Costs"), The Owner's obligation to pay a pro-
rata share of the Maintenance Costs shall commence 011 tbe date on wbich this Easement
Agreement is recorded in the Public Records of Palm Beach County, Florida, The Owner's sharc
of the Maimenance CostS (hereinafter the "OWller's Pro-Rata Share") shall be determined by
multiplying the total Maintenance Costs by a fraction, the numeraror of which i. the total square
footage of the Sllawalllocated within the Owner's Lot and/or the Canal Property located adjacent
thereto (the "Owner's Seawall"), the denominator of whieh is the total square footage of al\
seawalls constructed within the Canal Property or the land located adjacent tbereto, For example;
Owner's Pro. Rata Share - Maintenance Costs l(
Total Sq, Ft. of Owner'. Seawall
TAN-03-2002 12 16
HOLLAND AND KNIGHT LLP
P,15
Total Sq, Ft. of all docks within the
Cllnal Property and/or the land adjacent thereto
The Developer and/or the Developer's ASSO<liation shall be permitted to increase or decrease the
total square footage of all seawalls within the Canal Property at any time, and in its sole and
absolute discretion, subject bowever to any applicable zoning restrictions, and tbe provisions of
this Paragraph.
E. If the Owner fails to pay the Owner's Pro-Rata Share of the Maintenance Costs within
thirty (30) days after request for payment by Developer or the Developer's Association, Developer
and/or the Developer's Association sball have all rights and remedies available in law and equity
All sums due, if not paid within said thirty (30) day period, shall bear interest from the due date at
a rate equal to the highest lawflll rate, 10 the event Developer and/or the Developer's Association
is required to collect any unpaid amounts through collection and/or litigation, Develop<:\' or the
Developer's Association shall be entitled to recover from the OWner its reasonable attorneys fees
and expenses. The Developer and/or the Develeper's Association shall have the right to suspend
an Owner's rights to use the Canal Property for any period during which the Owner's Pro-Rata
Share of any Maintenance Costs remains unpaid and delinquent. The Owner shall not be
pennitted to waive or otherwise escape liability for the Owner's Pro.Rata Share by non-use of the
Owner's Dock or the Canal Property
3 Use of Easement Ril!htsllndemnificarion The easement rights granted herein shall be used by
Owner in such a manner that: (i) is consistent with 8l\Y buildings and improvements constructed upon or
10 be constrllcted upon the Property; (ii) is consistent with and will not interfere with the rights of the
Developer, the [Xveleper's Association or any third party to exercise and enjey any rights it may have to
use the Canal Property; alld (Hi) will minimize interference with and will be compatible with the
construction and use of buildings and improvements. The Owner shall indemnify and hold the Developer
and the Developer's Association hannless from and against all charges, claims, liabilities and expenses
(including reasonable attorneys fees and expenses) related to accidents, injuries, loss or damage of or to
any person or property arising from the Owner's and its guests, licensees and invitees, use of the Property,
or any portion thereof, and the Owner's Dock.
4. Assil!nment of Develooer's Ri2hts. The parties agree that Developer shall at all times have the
right to convey the Property and/or assign its Developer's rights and obli~tions hereunder to a property
owners association, homeowners association, and/or condominium association created by Developer fer
purposes of maintaining the Property by means of conveying all or any portion of the Property to said
association(s), submitting all Or any portion of the Property to a Declaration of Restrictions, or by
assigning its rights and obligations hereunder to said associalion(s), Upon s\lch conveyance, submittal or
assignment, Developer shall be released from all liabilities and obligations hereunder and such property
owners, homeowners or condominium owners association shall be solely responsible for all obligations of
Developer hereunder and shall have the right to enforce all rights of Developer hereunder
5, Bindine Effect, All easements granted herein shall be bindinl: upon the parties, their respective
heirs, legal representatives, suC()Cssors and assigns and shall be for the use and benefit of all present and
future owners of the property, their tenants, customers, agents, invitees, licensees, guests, occupants al1d/or
mort~llOCS of all of 8l'\y portion of the property hereunder.
6, Transfer Rillhts, Nothing contained in this Easement Agreement shall be deemed to be a gift or
dedication of any portion of the Property to the general public or for any public use or purpose whatsoever, it
being the intention of the parties hereto and their successors and assijllls, that nothing in this Easement
Agreement, expressed or implied, shall confer upon any person. other than the parties l\ercto 8l'\d their
successors and assigns, any rights or remedies WIder or by reason ofthis Easement Agreement,
.TRN-03-2002 12: 17
HJLLR~jD RfjD KN I GHT LL..P
P 16
7 Miscellaneous.
A, If any provision of this Easement Agreement, or portion thereof, or the application themoflo
any person or circumstances, shall, to any extent be held invalid, inoperative or unenfor<;eable, the
remainder of this Easement Agreement, or the application ()f such provision or portion thereof to any
other pers()ns or circumstan\:e5, shall not be affected thereby; it shall not be deemed that any such
invalid provision affects the consideration for this Easement Allfeement; and each provision of this
Easement Agreement shall be valid and enforceable to the fullest extent permitted by law
B. This Easement Agreement shall be consnued in accordance with the laws of the SlBte of
Florida,
C, Nothing in this Easement Agreement shall be construed to make the parties hereto partners
or joint venturers or render any party liable for the debts or obligations of the other parties hereto.
o Unless otherwise specifically provi<led herein, this Easement Agreement, and the
easement rights contained herein, may not be amended, modified, or tenninated except pursu.nt
to written instrument, executecl and acknowledged by all of the parties hereto or their successors
or assigns. and recorded in the Public Records of Palm Beach County, Florida.
E. This Easement Agreement shall be effective on the date recorded in the Public Records and
shall be binding and inwe to the benefit of the respe<:tive heirs, legal representatives, successors and
assigns of Developer and Owner herein, it being the intent hereof that the rights and obligations
hereunder shall run with the land and follow ownership of the Property and Owner'$ Lot.
F Developer reserves the right to grant such additionalllOl\-exclusive easements under, over
slld across the Vebicular Access Easement Area and the Canal Property, in its sole and absolute
discretion, without the need for the consent or joinder thereto by the Owner, or any other person,
provided that such additional ea.ements do not adversely affect or interfere with the rights conveyed
to Owner herein,
G. Nothing contained in this Easement Agreement sball be con.trued as creating any rights in
the general public or as dedicating for public use any portion of the Property, No easement, except
those expressly set forth herein shall be implied by this Easement Agreement.
8, Authoritv' Owner represents and warrant. that it has fall right and authority to execute and
deliver Ihis Easement Agreement and that it is the sole Owner in fee simple of the Owners Lot.
IN WITNESS WHEREOF, tbe Developer and the Owner have each executed this Easement Agreement
on the date sel forth below
Signed and sealed in the
DAKOTA LOFTS AT BOYNTON, LLC, a
Florida limited liability company
Print Name:
By:
Print Name:
Title:
Print Name:
Date:
TOTRl P 1E
FIRE & LIFE SAFETY DIVISION
Memorandum No. 2001-65
~
V
NFPA Life Safety Code 101, National Fire Code 1, all applicable National Fire
Protection Association codes, and the City Fire code shall be adhered to.
To Eric Johnson, Planner
/d
From: BOD Borden, Deputy Fire Marshal
Date January 3, 2002
RE. Dakota Lofts site plan (NWSP 01-010)
The following is in response to your request per memo dated December 20,
2001
The referenced design provides a 30-degree turning radius instead of the 50-
degree radius required by NFPA 1, Fire Prevention Code (1997), Section 3-5
The same code also requires a minimum 20 ft, roadway width, but the design
only provides a15 ft. roadway, with an additional 10 ft. for landscaping. An
exception in the code allows these requirements to be modified by the Fire
Marshal if the buildings are protected by approved automatic fire sprinkler
systems These buildings are required to be sprinklered
The Fire Marshal will thus allow the deviations, provided the 10ft. of landscaping
be removed or be of a type that would allow the apparatus to pass over it if
needed (i.e grass with a substantial base under it.)
cc: Steve Gale, Fire Marshal
Quintus Greene, Director of Development
Rodger Kemmer, Fire Plans Examiner/Inspector
Mike Rumph, Director of Planning & Zoning
Lusia Galav, Principal Planner
DEPARTMENT OF ENGINEERING
MEMORANDUM
NO. 02-001
TO'
Eric Johnson, Planner, Planning & Zoning
IfDJ& &UW&fn)
lJil JAN 2 2002 ~,
FROM'
Laurinda Logan, P,E" Civil Engineer
PLANNING AND
ZONING DEPT.
DATE,
January 2, 2002
RE.
Interior Driveway Widths
Dakota Lofts - NWSP 01-010
Eric,
Per your request the Engineering Department is providing a written response regarding the lack
of comment(s) on the interior driveways at the proposed Dakota Lofts,
The Code of Ordinances and Land Development Regulations are silent on the matter of
driveway widths, thus no comments were made during the site plan review process, The
Engineering Staff acknowledges that the proposed interior driveway width of 15 feet may
propose some difficulties with turning movements into and out of the garages (three- and four-
point turns), From a strict engineering perspective the proposed 15 foot width will work,
The Engineering Department did not review the driveway width with respect to its desirability
Engineering Staff believes that this is an issue better determined by other departments or
boards within the City government.
Please let me know if you have any questions about my comments or I can be of further
assistance.
LUck
Cc: Jeff Livergood, P,E., Director, Public Works
Michael Rumpf, Director, Planning & Zoning
Lusia Galav, Principal Planner, Planning & Zoning
H, David Kelley, P,E.lP S,M" Utility Engineer
File
C:\1vty Documents\Dakota Lofts, Interior Driveway Widths.doc
[:<Y.Q~
~ .JZI
o I.J
). .,.
"'r- 'O~,
",ON
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
December 21, 200 I
Mr. H, P Tompkins, Jr.
HPT Consultants, Inc,
2295 Corporate Boulevard, N. W
Executive Court One-Suite 240
Boca Raton, FL 33431
RE, Dakota Lofts
Dear Mr. Tompkins:
As you know, the Community Redevelopment Agency will review the above referenced project on January 8,2002
and the City Commission on January IS, 2002. At the last meeting, the Board was unsatisfied with a number of
issues, including but not limited to the elevations, vehicular back-out area, increased traffic, and emergency vehicle
ingress / egress. In addition, there were concerns from the adjacent residential property owners about the disruption
of the potable (well) water supply, and use of the finger canal.
Below is an itemized list, derived from various sources, including the minutes from the November 13, 2001 CRA
meeting and also from letters submitted to staff. This list of questions and concerns are to be addressed prior to
further review of the Board. Per your discussion with staff yesterday, you are to respond to these questions no later
than 5 :00 p.m. Friday, December 28, 2001. Please provide a written response as to how you have specifically
addressed each issue, either on the site plan or via appropriate documentation:
1. Provide formal agreements between the developer and the adjacent property owners regarding the current and
proposed water service. This directly relates to those adjacent single family residences currently receiving water
service from a well that is located on the subject property
2, Provide formal agreements between the developer and the adjacent property owners regarding the continued use
of existing docks located on the finger canal of the subject property
3, Identify the type of roadway and width of Bamboo Lane, The survey should accurately identify this roadway
(i.e, public or private right-of-way, drive aisle, or easement),
4 Access for Virginia Gardens Drive should be indicated more clearly on the proposed site plan (which area of the
Drive will be removed or proposed).
5, Indicate entry gates that the developer intends to use in order to minimize vehicular traffic from spilling into the
adjacent neighborhoods,
6, Indicate the specific segment of Bamboo Lane that the developer intends to improve.
7 Illustrate the improvements made to the entryway of the development.
8, Indicate the use of decorative outdoor freestanding lighting fixtures.
Yours truly,
~
Michael W Rumpf
cc: Quintus Greene, Director of Development
Eric Lee Johnson, Planner
S;\Planning\SHAREO\WP\PROJECTS\DAXOTA LOFrSINWSI' OI-OIOlCRA issues 3 doc
City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310
Phone: (561) 742-6350 . www.cLboynton-beach.fI.us
DEf-rtRTMENT OF DEVELOPMeNT
Planning and Zoning Division
Memorandum
TO:
FROM:
DATE:
RE:
CC
Bob Borden, Deputy Fire MarShalt
Eric Lee Johnson, Planner 1-
December 20, 2001
Dakota Lofts site plan (NWSP 01-010)
Quintus Greene, Director of Development
Rodger Kemmer, Fire Plans Examiner I Inspector
Mike Rumpf, Director of Planning & Zoning
Lusia Galav, Principal Planner
BACKGROUND'
As you know, the above referenced site plan for the construction of 19 townhouse units at the Sun Wah property
was submitted to the City in August 2001 and reviewed by the Technical Review Committee in September
2001 The Community Redevelopment Agency (CRA) heard the item on November 11,2001 but was met with
much controversy Unsatisfied with the elevations, emergency vehicle ingress / egress, in conjunction with
concerns from the adjacent residential property owners, the CRA tabled the project until the issues were to be
resolved. The applicant failed to meet the requests of staff and the CRA before the December meeting deadline
so the item was tabled to the January 8,2002 CRA meeting,
REQUEST
In order to quell the concerns of the CRA and aid the Planning & Zoning Division, at your convenience, please
review the site plan once again for issues related to fire safety Please provide the Division with a memorandum
indicating Fire approval (with regard to emergency vehicle ingress / egress, including adequate turn-around area
and fire truck maneuverability) and / or further revisions that would be necessary to meet minimum standards.
Staff will present Fire's memorandum at the January 2002 CRA meeting should the subject arise, Alternatively,
if you wish to have a representative from Fire present at the eRA meeting to provide expert testimonial, the
memorandum would not be needed, Either option is more than acceptable to the Planning & Zoning Division
and is certainly appreciated by many Thank you for your consideration in this matter.
.J:ISHRDATAIPJonningISHAREDlWPIPROJECTSIDAKOTA LOFTSINWSP 01.010\Fire Memo.dol
y.
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DF(-05-2001 17 46
law Oflices
Hr'" .AND AND KN IGHT LLP
HOLLAND & KNIGHT LLP
Annacolis
Anania
8.11"';'
Boston
Braclcn\Qn.
Cll1c.aoo
FOlllaUOeWale
Jacksonville
lWlalld
LOlAnQeles.
Melbourne
Mi.v:nl
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R:O(JeJnilll
''-'''''O!<t
One East 6row,,~ Bouleva(~. SUit. 1300
PO Bo, 14070 (ZIP 33302,4070)
Far/Lauderdale. Florida 33301
954'525'100~
FAX 95H63-1030
www.hklaw.com
P 02
New York
NllIlh~rnVirOitlia
Or)andO
Providel'\C.e
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San AnlOllio
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December 5, 2001
MICHELLE M. DEROSA
95~'468. 7934
Internet Addres8:
mderosa@hklaw,com
VIA HAND DELIVERY
December 5, 2001
City of Boynton Beach
100 E, Boynton Beach Blvd,
Boynton Beach, Florida 33436
Attention, Eric Johnson, Planner
Re, Parcel of land located on Federal Highway in Section 4, TownshIp 46 South
Range 43 East, Palm Beach County (the "Property") to be developed as a
residential community known as Dakota Lofts (the "Project")
Dear Mr Johnson,
This firm represents Dakota Lofts at Boynton Beach, LLC ("Dakota") with respect
to the above Project, As you may be aware, Dakota, as owner of the above Property,
is scheduled to appear before the C R. A, on December 11, 2001 for purposes of
obtammg approval of its proposed site plan for the Project and moving forward to
CIty commission meeting,
We have been advised by our client that it has been working with the adjacent land
owners to address the issues and concerns raised with respect to its proposed
development of the Property and that it is prepared to provide various rights and
services to each owner Further, we have been advised by Dakota that, pursuant to
the City granting approval of the proposed site plan, Dakota is willing to provide
the followmg'
".62001
DEC-OS-2001 18 10
P 02
DEC"05-2001 17 46
HOI '_AND AND KN I GHT LLP
P 03
1. Canal Easement. Dakota will grant to those owners of the lots depicted as
Lots 1, 2, 3, 4, 5 and 6 on the sketch attached hereto as Exhibit "An and made a
part hereof (the "Sketch") which currently have docks constructed within the canal
propcJ.'ty, easement rights (i) to mamtain any existing docks within the canal
property currently owned by Dakota, and (ii) for ingress, egress and access from the
eXlsting docks over and through the canal property to the Intracoastal waterway,
which is located to the east of and adJacent to the canal propel'ty The easement
rights granted by Dakota shall run with and benefit each lot for which it is granted,
and shall be transferred to any subsequent owner or owners of such lot as part of
the conveyance of SllCh lot. The final easement document shall provlde that (i) each
dock shall be mamtained by such owner at its sole cost and expense, and (ii) the
canal property shall he the maintenance obligation of Dakota, ltS successor or
assigns, and/or any homeowners association created for purposes of administering
the Project (heremafter the "Association"), and that all costs and expenses incurred
in connection therewith shall he dlvided in an equitable manner and on a prorata
basis between all parties having dock rights to use the canal property
2, Water and Sewer Services,
A. InstallatlOn of Water Lines. Provided that Dakota can obtain the
necessary approvals and easement rights, Dakota will install water lines along
Bamboo Lane as may be required in order for the City to provide potable water
service to Lots 5, 6,9, 10 and 11 In addition, Dakota will mstaIl the appropnate
water main extensions and meters at the location indicated by the Clty for Lots 2,
5, 6, 9, 10 and 11 and pay any meter hook up fees in conMction therewith, Dakota
agrees that prior to the time that the above lots have been provided wlth the
alternative water service to be provided above, it will not take any action which
would cause the lot owners to lose the ability to obtain water from the wells located
on the Property, which wells are the lot owners current source of water
B, Sewer Service for Lot 4. Provided that Dakota can obtam the
necessary approvals, Dakota will grant to Lot 4 the right to tie into the sewer
servIce facilities to be located upon the Property and will pay any costs related to
same,
3 Access Easement, Dakota will grant to the owners of the lots depicted as Lots
1, 2, 3 on the Sketch, ingress, egress and access rights over certain roadways located
within the Property from time to time for purposes of obtaining ingress, egress and
access from and to Bamboo Lane and Virgima Gardens, In addition, Dakota will
provide adequate access to the owners of Lots 1, 2, and 3 through any gates which it
may install within the Property which limit or restrict the above mentioned access
rights.
r- '. ...
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DEC-05-2001 18 10
F 03
DEC-0S-2001 17 46
HOLLAND AND KNIGHT LLP
P 04
4, Decorative Li2"ht Fixtures. Dakota will install decorative light fixtures within
the Property in accordance with the final site plan approved by the City
5 Temporary Fencin2:. Dakota will install any temporary fences which may be
reqUlred by the appropriate governmental codes to be installed during construction
of the Project
Please feel free to contact me with any questions and/or comments you may have
regarding this matter
Very truly yours,
HOLLAND & KNIGHT LLP
~LUt..u.erv~f)
By' Michelle M, DeRosa
Enclosure
CC: Mitchell Pasin
FTLI #568330 v3
.. 62001
P 04
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Decem~er 5,2001
Mr H, Tompkins, Ir,
HPT C nsultants, Ine,
2295 orpor3te Boulevard, N,W
EXealt ve Court One-Suite 240
Boea aton, FL 33431
5513755~~9
BOYNTON BEACH F ~ Z
PAGE 02
DEPARTMENT OF DEVELOPMENT
Planning and Zoning Division
i
. BuIlding . Plan{~ ing & Zoning . OccupafJona/Ucenl;8S - Community Rsaevelopment
RE, qakota Lofts
Dear Jr. Tompkins:
I
pursru/nt to our meeting on Friday, November 30, 2001, you were to provide additional
infomiation to the Planning & Ze;mng Division by Monday, December 3, 2001 in order to meet
the de?dline for the December It, 2001 Community Redevelopment Agency (CRA) meeting,
The~ditional information in~ll.ded r~vised elevati~ns, site ~lans, and a survey (incl~ding
Bamb 0 Lane). Also, there sl11 remam unresolved Issues which are to be resolved pnor to
reco ideration by the CRA, and verified by formal agreements with adjacent property owners,
As a r,sult, staff will recommend that the CRA further table the review until the January 8, 2002
CRA eeting, If your project .5 reviewed by the eRA on January 8th, this item would be
consi ered by the City Commissim on January 15,2002.
I .
Shoul~ you have any queslioIl;, please contact Eric Lee Johnson at (561) 742-6260 for
reschMuling of this item,
I
Your1 truly,
?JUC-
I
Michiel W Rumpf
Direckor of Planning & Zoning
'''Jt\MAfIlllDATA1>'''''''''''!lAlW:l\W'NkOJJIcr'''''' {OTA LOFTSlNWS!> Ol,or"""...", CRA....
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Cir~ of Boynton S.a;ch . 100 Eaet'. 80 to S
1 ' yn n each Blvd, · P,O, Box 310 Boynton Beach FL 33425-0310
','1 Phone (561) 142-621' 0 · FlllC (561) 742-6259 . WWW'b'
, ,CI. oynlon-beach.f1.U9
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DEC-05-2001 15 50
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P 02
FIRE & LIFE SAFETY DIVISION
Memorandum No. 2001-65
fiLE COpy
~
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NFPA Life Safety Code 101, National Fire Code 1, all applicable National Fire
Protection Association codes, and the City Fire code shall be adhered to,
To Eric Johnson, Planner
Af'
From: Bob Borden, Deputy Fire Marshal
Date' January 3, 2002
RE. Dakota Lofts site plan (NWSP 01-010)
The following is in response to your request per memo dated December 20,
2001
The referenced design provides a 30-degree turning radius instead of the 50-
degree radius required by NFPA 1, Fire Prevention Code (1997), Section 3-5
The same code also requires a minimum 20 ft. roadway width, but the design
only provides a15 ft. roadway, with an additional 10 ft. for landscaping An
exception in the code allows these requirements to be modified by the Fire
Marshal if the buildings are protected by approved automatic fire sprinkler
systems These buildings are required to be sprinklered
The Fire Marshal will thus allow the deviations, provided the 10ft. of landscaping
be removed or be of a type that would allow the apparatus to pass over it if
needed (i.e. grass with a substantial base under it.)
cc: Steve Gale, Fire Marshal
Quintus Greene, Director of Development
Rodger Kemmer, Fire Plans Examiner/Inspector
Mike Rumph, Director of Planning & Zoning
Lusia Galav, Principal Planner
DE~ ARTMENT OF DEVELOPhllcNT
Planning and Zoning Division
Memorandum
TO:
FROM:
DATE.
RE:
cc.
Bob Borden, Deputy Fire Marshal
Eric Lee Johnson, Planner
December 20, 2001
Dakota Lofts site plan (NWSP 01-010)
Quintus Greene, Director of Development
Rodger Kemmer, Fire Plans Examiner I Inspector
Mike Rumpf, Director of Planning & Zoning
Lusia Galav, Principal Planner
BACKGROUND'
As you know, the above referenced site plan for the construction of 19 townhouse units at the Sun Wah property
was submitted to the City in August 2001 and reviewed by the Technical Review Committee in September
2001 The Community Redevelopment Agency (CRA) heard the item on November 11, 2001 but was met with
much controversy Unsatisfied with the elevations, emergency vehicle ingress I egress, in conjunction with
concerns from the a<ljacent residential property owners, the CRA tabled the project until the issues were to be
resolved, The applicant failed to meet the requests of staff and the CRA before the December meeting deadline
so the item was tabled to the January 8, 2002 CRA meeting,
REQUEST
In order to quell the concerns of the CRA and aid the Planning & Zoning Division, at your convenience, please
review the site plan once again for issues related to fire safety Please provide the Division with a memorandum
indicating Fire approval (with regard to emergency vehicle ingress I egress, including adequate turn-around area
and fire truck maneuverability) and I or further revisions that would be necessary to meet minimum standards,
Staff will present Fire's memorandum at the January 2002 CRA meeting should the subject arise, Alternatively,
if you wish to have a representative from Fire present at the CRA meeting to provide expert testimonial, the
memorandum would not be needed, Either option is more than acceptable to the Planning & Zoning Division
and is certainly appreciated by many Thank you for your consideration in this matter
J:\SHRDATA\Planning\SHAREDlWP\PROJECTSiDAKOTA LOFTS\NWSP 01-010iFire Memo.dot
.TRN-04-2002 02:56 PM ~:FI3TEN CONTI
515 1 742 4281
F.Ol
Salefisb
Realty Inc.
Saletish Realty Inc.
532 East Ocean Ave
Boynton Beach FL 33435
561-738-6613 Office
561-73~-7911 Fax
kcsellsre@flinet.com
Date:~
To: ~1fI'"
Fax#: 'Jq]- Ii&. 1.089
pages:....Jj
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JAN~04-2002 02 57 PM kRI~TEN CONTI
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561 742 4281
P.02
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~GREEMENT
THIS AGREEMENT (the "Allreemenn, dated this _ clay of ,200-, is made by
and between DAKOTA LOFTS AT BOYNTON, LtC. a Floric!a limited liability company (her.inafter
called "Ocvoloper"), WhOM address is 2290 N. W CorporalO Blvd.. Suite 245, Boca RalOn, Florida 3343 I
and David), Conri and KriSten Conti (hereinafter called ''Owner''), who.. address is I Virginia Garden,
Dell'llY Beach, FIQrida 33483-6305,
RECITALS
WHEREAS, Developer is the fee simple owner of certain real property loc:ated in the City of Boynton
Beach (the "City"). County of Palm Beach, State of Florida, being more particularly described on Exhibit
X attached hereto and made a part hereof (hereinafter "the Property");
WHEREAS. Developer proposes to construct multi-family residential town home units upon a portion of
the Property (hereinafter called the "Project") in accordance with the proposed site plan which is attached
hereto as "E:s:hlblt B" and made a part hereof, as same may be amended or revised from time to time by
the Developer in its sole and absolute discretion (hereinafter the "Site Plan");
WHEREAS, Owner is the fee simple owner nf certain real property located adjacent to the Property,
being more particularly described nn E:s:bibit "eM attached heretn and made a part hereof (hereinafter the
"Owner's Lot"):
WHEREAS, Developer and Owner desire to enter into this Agreement to document certain agreements
made between the parties, ns more fully set forth herein,
NOW THEREFORE. in consideration of the mutual covenants, benefits and agreements of the parties
hereto and the sum of TEN DOLLARS ($ 1 0.00) and other good and valuable consideration received, the
receipt and adequacy of which is hereby acknowledged. the parties do hereby agree and acknowledge the
following:
Recitals: The above recitals arc true and correct and are incorporated herein by this reference,
2. Easement A~eement, Attached hereto as Exhibit" D" and made a part hereof is an Easement
Agreement (hereinafter the "Easement Agreement"), which sets form and provides the Owner with
certain e"sement rights over portions oithe Property The parties agree thot upon the Developer's l'llOeipt
of all the City and other governmental approvals necessBly for the development of the Propel'!)', the
Developer and Owner shall execute an original of the attached Easement Agreement, Developer shall
record the originiU executed Easement Agreement after all of the site development work and eonstruction
throughout the Project has been completed by Developer and are available for use (as evidenced by
Developer Obtaining the final slgn-offs and approvals of the applicable governmental authorities), or
prior thereto. at the sole 0 tion of the De
3, Owner's All.rcemeilt to Cooocratc. As consideralion for the Developer entering into this
Agreement and entering into the Easement Agreement. the Owner agrees to fully cooperate with
Developer in order to ensure that the Property obtains the City and/or other governmental approvals
necessBly for the development of the Project,
4, Developer's Rig:ht to Create Le2al Descriptions, The panies acknowledge and agree that the
exact legal description of the Vehicular Access Easement Area (as more fully described in the Easement
JAN-04-~00~ 02:58 PM KRI=TEN CONTI
561 74~ 4~81
P.03
AgRlement), hu not been determined, but shall be reasonably detennined by Developer at a later elate.
Upon Developer's detennination of the ClWlt legal description of the foregoing, Developer shall be
automalic;:ally permitted, upon providing the Owner lOOpies thereof, 10 attach the le8l1 description of the
Vehicular Access Easement Area to the Easement Agreement as Exhibit "Co. thereto, without any further
action, consent or approval required by the Owner,
5 Effective Date. The effective date of this Agreement (the "Effective Date") shall be the date on
which the last of the parties hereto executes this Agreement. The parties agree that this instrument shall
not be recorded in the Puhlic Record~.
6. TerminationLAmendmentIModification, This Agreement (and all exhibits attached hereto
including but not limited to the Easement Agreement) shall be deemed automatically terminated and of no
force or effect in the event (i) the Project is not approved by the City or any other governmental bodje~
having jurisdiction, in accordance with the Site Plan; (iil Developer, in its sole discretion, elects not to
proceed with the development of the Project; or tiii) the Owner takes any actions (or fails to act as
required herein), in a manner which is inconsistent with its obligations set forth in Paragraph 3 hereof.
Except as otherwise sJlC(;ifically provided in this Agreement, this Agreement may be amended, modified
or terminated, in whole or in part, at any time by a written instrument, executed and acknowledged by the
Developer and the Owner, or their successors or assigns,
7 Governing Law This Agreement shall be construed and enforced in accordance with the laws of
the State of Florida, County of Palm Beach and, unless otherwise terminated as provided herein, shall be
binding upon the heirs. successors and assigns of the parties hereto, it being the intent hereof that the
rights and obligations hereunder shall IUn with the land and follow the ownership of each party's
respective property,
8. Liti(L8.tio_l!, lfany p~ institutes an)llegal action or proceeding for breach of the provisions of
this Agreement or the enforcement ofany right or obligation herein contained, the unsuccessful party in
such action or proceeding shall reimburse the successful party immediately upon demand for all
reasonable costs and expenses actually incurred in connection therewith, including, but not limited to,
reasonable attorne)ls' fees and expenses.
9 Remedies. In the event of a breach by any party hereto of any obligations hereunder. the other
parties hereto shall be entitled to obtain an injunction or to seek any other remedy available to them under
law or inequities. The parties hereto acknowledge the potential inadequacy of legal remedies and the
irreparable harm wh ioh could be caused by any such breach and in connection therewith agree to the
remedy of injunction provided herein,
10. Exhibits. Any exhibits attached to this Agreement or any amendments or exhibits hereto that
contain sketches or depictions of lots(s), common prope"ies, lakes, roadways, improvements, or any other
items shown on the exhibits, if any (the "Sketched Item(s)), shall not be binding as to the existence, size,
dimensions, locations or identification of any other aspect of Sketched ltem(s) and shall only be for
informational, reference, conceptual and general schematic purposes only The Site Plan attached hereto
is a proposed and preliminary site plan of the Project and may be subject to change from time to time at
the Developer's sole and absolute discretion.
II Authority, Owner represents and warrants that it has full right and authority to execute and
deliver this Agreement and that it is the sole owner in fee simple of the Owner's Lot.
IN WITNESS WHEREOF, the Developer and the Owner have each executed this Agreement on the date
set forth below
JAN-04~2002 02:59 PM kRISTEN CONTI
561 74~ 4281
P.04
:I'k PllllrI' "J)"
EASEMINT AGUEMENl'
~_ hv II'IlI ....... ta:
)q~-'leM. "'-'""lIt,:&.q.
HOI.t.AND . KNlQMTUP
0lIl S. BrowIId IML, Sak 13W
Ft. LaudIrdaIe, FbicIa 33301
uftMl'1\lT AG~
TInS EASEMENT AGREEMENT (tbe. -1rIt -'-"'1") i. .. tbls dIIy <<
,200_ by ami bItween DAKOTA LOFTS AT BOYNTON. u.c. a Florida 1iIIlitecIlilbility
~puy ("Doveloper"). having its prim:iplll ofI\cc at 2290 N.W COI'pOI'$ 8Mf.. SUi... 245, &e. Ram.
Fkll'ida 33431 ami David 1. COIIti ud KritlIlol Cottti, ("0..-''), whose acIdtua is I VirgiDia Gudca,
OeIray Bmab, Florida 33483-630$.
R.ECITALS
WHEREAS, ~loper is the i'cc simple owner of cenain real property ItlCIfId In Palm a-h County,
Florida, being more particularly described on Exhibit "A" aUIclIed hemo Illd made a Ill" ilfftef
(herelna1lilr lbe ''Prvperly'');
WHEREAS, Owner is tile file simple Q'MIet of ocrtain leA/ ptopeny !ocmd ~ lD the Plopetty, ~irl&
mote particularly deaI;ribed on ...."'..blt "'I" atlII<:hcd htnto and made & part hcno( (hcn:ina1Iar the "Owner's
Lat''):
WHEREAS. Owner has rcq~ dlat Develop<!!' gJIlIt ce.1ain easement rights to Owner, tbr1lle benefit of
0WIIer't Lot, as mom fUlly set forth herein;
WHEREAS, Oewloper has lIgreed to gnan such C3SCII\lInt righcs, <lIbject to lIIe term! ad ~Q!IlI
gmlllined herein,
NOW, TIlEREFORE, f'tr IIIId in tOIIsidemriOll ofthc mutual ~ benefits and qreement of tho pIl'ties
theteto and the sum ofTEN AND NO/lOO DOLLAIlS (SI0.00) and oUler g<)od ami Vlluable considemion,
tile =clipl and sufficiency ofwhk:h an: hm:by lIQknowlodpl, the part.... do hereby ....... as IblJows:
I. lU:citals. The above =iIaIs are true 8Ild correct and ~'I"'_d herein by lllis ..._
JAN-04-2002 02 59 PM KRISTEN CONTI
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561 742 4281
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2. ''1- ,,_...d "_.11 .IMr. SulU<<t to aa,y IlIICPftIII CCIIIdlaon., IimiaIionI or
I'llIInIllionl aonIIined hInin, DMIopIr hInlby plI unto Owner, tilt file benefit of 0wDn Lot, .
perpemall1QII.-cccl\ltl" iqNet. .... aid __ _, af lit over GId __ TIle ~ CllIlIlrUefed t:1t to
be CQISlruI;lDd QII t!ulr poctian 01 PI'opIrry men plIItiou/IrIy dcIcn'bed 011 'blothlt "C" ......a-IlIeret:o IIId
IIWIe a put lIINof (tbe "Vehicula' Aoc. Easement AnIa"), lor w:lUcuIar tNftia, I>.&..th... with tiw: right III
\IIIlbe VebicuIIr AllClISS pasemw Ana fbr lId8qUa1l: ,JId, llftObslruco:d veIIicuIIr p-- ~p III Illd tom
V.. a.rdons (Aid ~ beinS \o:!Ucd witbiIllbI.....lb..u bmmd8ry oflbl Pmpmy), IIId lb....hnn
r..- (Aid l'OIliMy beiIl& IoeIIed IldjIceal to _1llUIMrIy boundary oftbe 1'ropClrty). The IIlIIt 8"I'*d
bcroin sball be filr insr-,..- and _ purpoea. fertile \1M IIId ber1eIIt Mall p--* IIId t'u&In__
of aU or any portioII of Own.s Lof, but sIlaI1 DOt lDclude the rigbI: 10 pat "'-11\)' pclIdon of tile V......l...
Aca:ss Ellement Ana t:1t llllY other portloa oldie PIOr-V'
A. Ri~ to relOclUe. DeveJqlet sbaIl have the unilat=! ..;ght, but not the gbligalion, . any
time. in ia ~Ie diIcalilll1 ;md lit iulOle COlt and ""penSe, to relocate die Vellicular ^_ 8mmellt
Area provi<kd t!ulr suclI relocatXln of Ihe Vehicular A__ ~~n~ Area does not penuanenlIy
intmupt or prohibit wI1~ _ by the Ovm...to and Itom the o-'s Lot.
B. Access thmu'" Gan:s, In the _ Developer inlellds to COIlSlruCt ~ pIllS lit any
enaance to the Propa'lY VIIbIcb WllUId lllIlrict !be OwDcr's ability to obIaiD ingreu, egn:ss or _10
the Owne.l's Lot, ., set f'onh Ibovo, OewIoper shall provide Owner with III)' ~OpIlat 8Iltry cuds
or l:OdN wblch may be requind for Owner to oIltain llCCeIlS 1hrough sw:b ptIS prior to Dewloper's
c:omp~ of tho iDsIallaliOll or SIIIlO. Owna's _ of the VehicWar Aa:ess Easement Ana and any
glItes which may be coustnlCtied ... the PI"petty shall be Sllbjcet to any rules aud ""ll'dotlnas
promulgated by the DcveiopfJI' cr the Ol:vdopc/'s ~ialion (as heteinatlIlr def'mcd) Jioom limo to
lime IIdating 10 lllllIa.
3. r......t I:'r"""t Developer is the oWllCr of tbar: certain property described on Ezlaibir ''D" and
J1IId_ it part hllfllof (the "Canal r.ol""ty"), upon which is coosll'UCt8d a canal. Subjact to any ..
conditions, IimiWions or _atiDal; conWacd baeiD. Developar bereby srants unto Owner, !'or the banetit
of~l's Lot, perpetual non.elCClusiVllllSl..DeIIt rip Ill: (I) COIISlrIIer, iMta1l and mailllllin a dock (lhe
"OWDII"s Dock") within the c-I ~; me! (ii) !or access avec llIld /II:I'OSS the CaIIaIl'l~ty, from tba
Owner's Dock to tilt InIraCOllsllll wtlterWlI'J. whitb is 10Qtal adjacent to and east of tile Cana.ll'roperty.
A. DeveIoDer's AIlIWlI'V41 of Ownm's Dock. PriQr to commencing the cgn51l'llClioP or
installation of a docle. or any mIOVations to a dock which curreatly or may ~st within the Canal
Property from lime to lime. Owner shall submil all plans and specif"1C8liOIlS for the ptoposed
dock, or renovations (the "Dock PllI!lI'j to Developer for Dew:loper's prior written approval of
same, such approval not to be unreasonably wlthlteld. Tilt OwneJ's D~ shall be <:onstrw:tcd
and maintained in a.ccordan.... with the Dock Plans and all appllc.ble laWll, codes, ordiunQOS and
regulations of governmClltal emities Iut.vinS jurisdiction over the Canal Pn.p...t)',
Notwi1hstanding the fbn:goillg, no docks t:1t other relau:d improvemenlS shall be cClJlStrUA;ll:d,
=dell or placod by Owner wit!lin dle Canal ''''I''',ry, nor shall the CIlIa.I Property be used by tile
Owner in a lIW\Jlef, which would I'lIlIIrict or limit tho ability of od1er tbitd ptlltillS Iut.viDg riglmI to 1lSI;
the Canal1\u,^,">, to navigate boals md Olber vessds wilhiD the CmaI Property. ~I
approval oftbc Docie Plans shallllOt be c1ecmtxl to be: ~ withha1d if such Doelr; Plans lP
deemed by 1IIe Developer 10 neptivoly alllool the right ...<1 lIbilily ot 8D.)' tbinI poniw '" ..... tba
CalIaI Property.
B, Malntenanee of l'lnM<- The Own., I:lock shall be to.milled at all times by Owner, at ils
solo c:ost 8lIclellpomse, ift a neat ami sishdY ecadilion and in good working onler, The rights JlI'ID1IlII
10 0wMt IlIlder this Pan;rapb 3 _ for purposes of pczmi1ting the exis~ of the Owne:r's 00cIc
which is or III&}' be loeated within 1be Canall'l'opelt>' tom time to rime, and sbaU in<:lude dill riabt of
J~N-04-2002 03:00 PM KRI3TEN COHTI 561 742 4281 P 06
.1 ~-';/tl-:::~~!w~ ~IL
_ aver die cat PI_It u may be IIICeIIII)' Ibr 0wIIcr 10 Ide aorMaI. lll\ICiIIe
....~.......1IIId llIpIirs 10 1be 0wtWJ Dock. NoIhing eordIinId IIniB IIlIlI be """'nod ID IJIIlt 10
the 0WDer the rigbt 11> IlIp-=e llI' retOII5tnICt dul Owners Dock or to c:CIIlSUIIet aay new docIcs wilIIiD
the C8Ilal Property wirhouI obIaininll the prior writlln approwl aElhe DcwIopIr. Iu e4diticm to
maiDlIiDiIIg its clock, the Owrler shaI1 be teq1Iirai II;) mailllliD IZld lriIIl any ue. b:a\led wid1in cbll
QwIler's LoCs which llI1I wilIliD II1kco (IS) 8let ortbl CuIal P,.....,cy 51) that all limbs IIId bnnclwa
lite . .1_ twaEy-ti"" (25) n..c from 111. growul at all times and ao that 8l1Ch _ do DOt <lbslruct die
villW of the CmaI Prop:rty by aay parties QWIIillg ;l.tl or any potlfoll. of the !l4Jlto[}'. rn!be event
aw-- all &lito aWnlIIiA dla _ in a III&IlIW as .. fbnb above, .. Del...... .JJ<< lbe
DeveIoper's .~*rlnn sbaIl have tbe rJtbt,. but IlIlt the <lbllgatlOll, II;) !aka SIIIlb ICl!aIs IIld lIIcur
such ~ as II1II)' be rIlUClIIIIbly NqUinld to maintain the fleeS, ill which event Owner shall repay
(' Developer lIIll'or 1118 Dewlcpet~ AAcr~"". as .pp.opIWc, """" $UIM of /DOlle)' I'eUOIl&bly
upcoded by oevmper or lhe Dowlopcr's Associ8lioA In pedb;ming _ wiIIIin 1111 (10) days afIIr
wriUIcn lICltk:c tan DneI<lI* at DeveIopa'a AlIQGfllioll,
C. Maintenance of'C'.JUlal ProaertV. n. Devllloper and/or the o.v.loper', As8ocl.rIoa may
1"" .ft","DlIDY aWntenan~1I and rcplIin to the Canal Property as and whCll it deems it n-",ry
jj,)m time to tiala, in ill sol.. and absolure dlserelioll, widlollt !be MIld of oblain.iag!be approval
of the Owacr <It 8D)' othar tIIlrd pard,"", All QQItI _~. illcunwd by the Oowlaper and/or
die DlIYeloper's NsociatioD in cOlIDCCtion thllwwllb shall be divided in an equitablll lIIUlIlIII' and
on a ptO-rata. basis bctwccn all panics havlllg docks within the Canal ,."'I'""tY,
D. Colllribution by Owner. The Owner sIlaII ~ on a pro-rata buis, ill aU cos1s iacurred
by the Dewloper andlOl' the DllvlIlOJllll's Association in performing lIDY maimImlIDce and/or
reptirs to the Canal Properly (the "MainleMllC8 Casts"). The Owners obliptlon to pay a ptO-
I1Ita share of the Maintenanee Costs shall comlnCnce on the date on whi,;h this Ea&cment
Apement is recorded in the Public ho:ords 0( Palm Beach Col1llty, P1orlda. The Owners share
of the Mailltllnancc CQalS (hereinafter the "Ownets Pro.lW8 Share") shall be determined by
multiplying tlte total Malntenance C<lSlS by a fl'action, the nlllllctalloc' ofwlUdl ilthe total square
footage of tile seawalllocared within the OWlllll's Lot andlor the Canal l'lOy<<ty Joc.led adjacent
tJm,:to (tile "Owner's Seawall"), the denomilwor of which is the IDtaI square too. of all
seawalls CODBU\IdIed within the Canal Propaty or the land located adjacent thctl=to, For example:
Ownets Pro-Rata Sbare M Maintc:nancc Costs x Total Sa, Ft ofOwnel's Seawall
Total Sq, Ft, of aU docks within lbt
Canal Pro\l'll'lY lll1d1or the land ~clj sc:ent thereto
The Developer andlor the OeveloJlll1"s Associat!oc. sllaIl be permitted to inorease or d~ tho
total square f'oora&lI of all _ails wlihln the Canal Property at any lime, IDd in ill; 00111 and
absolute discretlon, SUbject: howIIVef'to any applicable zoning NltrictiOllS, _ the provisions of
this~h.
E. If the Owner lllilS to pay the Owner's Pro-Rata Slwe of the MaiAtcrlMCe Costs within
thirty (30) days afb:r ~ for payment by Developer or tIw Developer's AssooiaUon,
Developer and/or the Developer's Associatioa. shall have all ripts aad NIIl8dIas aYllilable iD law
and equity All oums dUll, if IlOt paid wllhin &aid thiny (30) day period, shall bear iatercst ftQm
the dUll date at a rate equal to the highest lawful rate. In the event Developei' audlor the
D<Iveloper's Association is ""Iuited to c:oUeo;t any lDlpaid amoUll.lS through. collllCtilXl and/or
litipllon, Developer or tile DlMlloper's AMociati<ln shall be enlItled to recover tTom the Owner
its nlIIOllIble Ilb~ys fees and IIlqlIIIlS8S Tb&l Developer lIldfor cbe Dewloper's AsIooiation
$hall haw the rip to SlIspcad III Owner'. rfPU to '* 1M c-J Properly for IllY period during
whlob the 0wMr'. Pro-KaIa Share of lIlY ~*i_""Cf Cos1s I1IDlllIla _d IlNl deliI!quent.
JAN-04-2002 03 01 PM KRISTEN CONTI
561 742 4281
F 07
ThI 0wIlcr wllllClC III pIIIIlm-t to Wliv. or odJerwile llIOIpo IlabiIity for 1M ()wutl Pro-Rata
SbIn by 1lOra-_ of_ 0-'1 DoGII. or the CaaII Property.
4. U.. M JI..___ Rj.uJl.........nifl8di"". ,.... 0UCIIIelIl ria\1tI puhld .... sUll be UIlld by
Owner in suolI a IlWII*' tbat (i) illlllllli~ willi any bullcllDp aad ~ c:oMINOIIld 1IpCIII or
to be collStl'1lCltd IlpOlI the Property; (h') is coasislrmt widl and wil1llOt iDIIIrfere with !be rights of the
DeveIOJ*. the DevD!oI*"s Association or any third patty to exerciso IIICl cmjoy lilY -ishll it may .w to
_ the c-J PmpertY; IIId (Iii) will mlnlmizeilAfRr.._ with and will be oompIlible with me
<:aasll'llCtioa apd IIlIII ofbuildiDas Illd im~ 'I'M QwlIer IhalI -.-...llY ad uld Ibt Deftlopet
and 1IIe Developer's Association Ulmless lium and _!Binet all charges, eIaims, 1iaItilities and ~
(iacludillg ~I. aIIDmCyS _ and ~) relllted to lICCideats, injlll'icl, IosI or --. of or to
lllIY person or pIOperty aIllIing irom tnc uwncr'. anG ll$ guests. IicCl_ IIIIcl invitear., IIlIe of the Pft,paty,
or any aorcon i:hetcof, and the: Ownl!l"s Dock.
S. Auil!D""",t ofOewloccr's RilmM. The parlin ase"" thai: Developer shall at all times have the
right 10 COIIvey the l'rc1pc:rty and/or _IF Its Developer's rights and obligations h_der 10 a IM"peay
owners assoc:iatioo, hOlllCOwoers associallOll, and/or condomilliUD1lSlOCiation ~ by Developer lbr
pIll'JlOt8s of IlllinbininS tlte PropertY by _. of conveying aU or any portion of the PropIItY b) said
association(s), submitlillg all or IlIlY portion of the rropmy 10 a Declaration afRestriCltiOIlS, or by
assigninl its riJhts and obligations bemmda- to said _istioD(s). Upon suob conveyance, suhm;,+.,,1 or
assipll.ent, Developer shall be rele8sed from all liabilities and obligaticm hereUlKlcr and such property
owners, hoJIK;oV,neI s or condominium ownm; assoeiation shall be solely respoasible fOr 1\1 obliptinns of
Developei' .......under and shall have lbe right to cnforc:c: all rlJhts of Developer hereunder,
6. BiDdinv Efftoct.. All easemems granted herein shall be binding U"pOIl 11\e parties, lheir ,...,-10....
beiIs, tesaI ~ SllC(:esson lIlId assiglls and shall be lor the use and benellt of all ~ md
fuaare own., of tl. propertY, I/Itir liIDlIIIlI, ~....n, apara. invitees, Ii~ns. ILl_ llCeupIlIlS meVor
mongag=s.,rall of any J'OftIoll of the I""~ ~der.
7 Translb- Righ1s. NoIhing contlIined in tM Easement Agrcemem .sbaIl be deemed to be a lift 01'
dedication Of any portion ofm. l'\opert) to the getleral public or fao lIIIY public use or purpose whmoever, it
beiPg the imentiOll of tbe parties hereto and !heir s_sors lIIId -Sl'Io that nothing in lI1is E_'
Agreement, exprencd or implied, shaD COP1l:r upon illI)' pmon, other 1ban the partJls hereto aliI! their
511CC=O~ alId iI5liign:;, any rigbJs or remedies under or by nlUon of this Easemertt Agftoemem.
8.
(). ItW r
A, If any proYi$ion of this Easement AgreemeDt, or poltlon thlnot; or the applicotion lllereof'to
allY pc:lSOlI or ~ shall, to any elCI8IIt be held invalid, inop.rat:lve or IIII~'" th.
remainder of this :Easemerrt Agreement, or tho "PPlication of such provision or portion meteOf 110 my
other petSOllII or clrcwnstllnces. shall not be aff'cctccl tltereby; it 5haJI not be deemed !bat any sud1
invalid puvision afl'eds rile CQnsideralion for this Easement Agreement; and each provision of Ibis
Easement Agreement sball be valid and enforceable to the fullest exlent ~ by law,
Miscellaneous.
I/:
B, Thil; Easement Agreement ,hall be cal5trlled in acconlBuce willi the laws of the SlalIe of
F\orida.
C, Nothing In this Illtscmcnt Asrcomcnt shall ~ collllUlled 110 ~ the pwdea heme pUlncrS
or joint ~ or mtdcr any party liable for the debts 01' oblipliOllS oftfte othtt plIl1ies 1Hmo,
D. Ulll..... othcrwi!o specitlcally proviclod herein, tlIIs &seruGDt Agrtlemcm, and tIKI
auemem rlRJltll cOlIlllined hereill, may not be amended, modified, or tenninalm excepl plll'SUllllt
JRN-04-2002 03:0~ PM KRISTEt~ CONTI
561 74::2 4281
P.08
to wrilllQ iaalrwuat, kt ''lIIc\ uad Mknowleclpd by all of tho pan:les ba'Oto or tbair III IOn
or Ulips,1IIld rec:arded ill. tbe Public RIcordI fIf Palm a..ch Ccumy, Florida.
!. 111. Ii "'I1II'It Ajt_....1hIII be 6ctiw ClII II. da1II na<<clod In die PabJii: Rmnll.
IlIaI1 be ...AI._ ilWre to 1M ... oft!lll NIpllllIiw bein, !.pl.'" ...~ lilt! 1J1ltI'"
U5ip of DeveIopet and 0wNt beRia, it b.iDs u. u- blnof!hlt the ri&bll1IId oIlolir1~'
lIcRaDder:tlllll rulI wirIllhe lInd.ad tblIow 0WIIfftbfp oftbe J)_l~ ud Owna'. Lot.
F, Ofteloper mrnes 1IIe righc to pt _ adIoIiIlonIIl ~ __bo 1IIldIr, _
and lIllI'OS8 the V~1v Access E!a.sement Area allCl the CadalI\(r-ly, ill b _Ie IIld .......
~aiml, widlout the IlIllld for die COlISeIlt or jo~ thereto by the Owner. or IIllY llIiler ,...,
providod lilIC such 8dditiooaI.....~ do lIOt advmiely affect or ilJr....~ with the ri_ COII~
to Ow\lm' bIrmn.
4-
~\A
~
G. NOlhia; ~ in tbis E- ....4C ApanIIIl shill be cClIIIr\IIIIl as ~ MY riSb'I in
the gtneral public or as dldkating for public \IH lln)" portion aftb.e proputy. No anmettt, ~
tho. expnossIy set forth beteIn sbaU be implied by this e-ment AcreeAllellt.
9 Authority' Owner l"Il'preseDl5 and WlImIllS that it has full right and authority to exeeule and
deliver lhis EuemcD1:A~t apd that it is the sole owner In fee Silllple of tile Ownet's Lot
IN WITNESS WHDEQF,lhe Dmilopel and the 0wMr hlrte each exoculal this Easi.........n ~leIlMroe
on thedlmllltf'ot1ll belllW.
Signed and scaled ill tile
DAKOTA LOFTS AT BOYNTON, llC, B
Florida limited liability company
By'
Print NIIIIe!
Title;
Print Nama;
PriDe Name:
Date:
STATIl OF l'LORlDA.
COtmn' OF
)
)
}
Thl foregoing inatnlmc.nt .... aclalDwledged before me this day of ,
200_, by ....J as of OAKOTA LOFTS AT BOYNTON,
LLC, a Floricl& Iimitc<lliability company, on behalf of said company He/She is penonally known to me
or bas pmduced as idfJItifill8tJoll.
(SIGNATURE 0' NOTARY PUBUC)
CN- ofNow,r. typed, printed or slalPpld)
(Title or rmk (.w llIUIIber.lflllY)
JAN-04-2002 0? 02 PM KRISTEN CONTI
561 742 4281
P 89
"
'. ~ '1
-MINUTES ~ PLANNING ~D DEVELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
NOVEMBER 9. 1993
Mot1on
Mr. NIller moved that WI accept this propo$.l to rezone from RM to R-1A and show
It as consistent with the Comprehensive Plan and accept staff recommendations
for tne annexation. Mr. Weigle seconded tn. motion which carrled unanimously.
Hopl11l1U11l'l P('Op,..ty -
Annexation Program
(Appllcatlon'10)
Ml chael, H. Hoplamazian '
The 0.21 acre parcel located approximately 400 feet
east of Federal Highway, immediately south of
COlOnial Club Condominium ('2 Virginia Gardens)
Requests to show annexed land as Moderate Density
Residential and to rezone from RN (Residential
Medium Density) in Palm Beach County to R-l-A
(51 og 1 e Famn y Residential).
This property Is Immediately west of Appl1catlon '9, and the situation 15 simi-
lar to that of Application #9. The current use is a single-family home and no
change Is proposed. Staff's recommendation Is the same as that of Application
'9.
10. Project:
Owner:
Location:
Description:
-
Mr. Rumpf confinmed for Chainman Lehnertz that Virginia Gardens
nexed into the City along with Applications '9 and 10.
THERE WAS NO ONE PRESENT TO SPEA~ ON PUBLIC HEARING.
Motl~n
Mr, Dube moved to accept the Planning and Zoning Department's recommendation to
annex the Lew1s property., eXisting land use of MR5 to Medium Denstty Residen-
tial, existtng zoning RM (ResIdential Medium Density) to R-1A (Stngle Family).
and to show tt asconshtent with the Comprehensive Plan. Vice Cha1rwoman
Huckle seconded the motton which carrle~ unanimously.
*See note after Appllcat10n '11 motion.
Lewis Property .
Annexation program
(Application '11)
Sa lly lewi s
The 0.11 acre parcel located on the east s'de of
Old DIxie H1ghway, approximately 845 feet west of
federal Highway
Requests to show annexed land as Medfum Density
Residential and to rezone from RM (Resident1al
Medium Density) In .Palm Beach County to R-l
(Sfngle-Famlly Residential).
The current use On this property 15 a single-fam11Y home and no change is pro-
posed. This applicatIon 1s consistent with the Future Land Un Map and the
polic1es of the Comprehensive Plan.
11. Project:
OWner:
Location:
I
I
[
,
,
Description:
~ 10 -
P.10
AUTOMATIC COVER SHEET
DATE
: JAN-04-2002 03:03 PM
TO
.
.
FAX
#: 7426089
FROM : KRISTEN CONTI
FAX #: 561 742 4281
10 PAGES WERE SENT
(INCLUDING THIS COVER SHEET)
D. ('-'~'-- L. ('<>,
---
Due to this representing the second postponement, a new notice and legal advertisement
for the request needs to be processed for the rescheduled meetings. Please provide staff
with a new set of addressed and stamped envelopes no later than December13th, which
will allow mailing ofthe notices 30 days prior to the planned City Commission hearing
date of January 15th (Public Hearing and 1 st Reading), The cost of the legal notice
advertising both the public hearing (January 15th) and second reading (February 5th) dates
will be forwarded to you for reimbursement.
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Kemmer, Rodger
From:
Sent:
To:
Subject:
Kemmer, Rodger /
Monday, December 03,2001 11.30 AM
Gale, Steven: Borden, Bob
FW' Dakota Lofts site plan and Fire approval
I told Mr Tomkins at the last TRC for the Lofts that his revision looked OK to me. While it has a 30 degree radius instead
of 50, It meets the criteria for a "45 ft. Shunt" and a "90 ft. Hammer Head" per a drawing from Engineering. The two
roadways that form the ''T' are 25 ft wide (10 ft. it landscaping) and over 45 ftlong. The landscaping would have to be
trimmed back to provide the full 20 feet required, but I expect a 15 ft roadway with 10ft. of landscaping would provide
enough room to turn an engine around. What do you think? I have the revised drawing if you want to look at it.
,RK
mp.Original Message~----
From: Johnson, Eric
Sent: Monday, December 03,200110:17 AM
To: 'hptcon@bellsouth.net'
Cc: Kemmer, Rodger; Rumpf, Michael; Galav Lusia; Borden, Bob
Subject: Dakota Lofts site plan and Fire approval
Mr Tomkins,
As you can recall, the Dakota Lofts site plan application was heard at the November CRA Board meeting and tabled until
the December CRA meeting due to in part because of the Board's examination of the emergency vehicle turn,around area.
Per our meeting with you last Friday (11-30-01) regarding this issue, you are to request a letter or memorandum from the
City's Fire Department indicating their approval for the "T",type fire engine turn around area, proposed at the southeast
corner of the subject property Fire review and approval is a necessary component of site development and this became a
critical issue at the last CRA meeting. The Board must feel confident the plan meets Fire's approval. It would be highly
desirable to have staff from Fire to be present at the next CRA meeting because I'm sure the Board will have further
questions. The next CRA meeting will be Tuesday (12-11-01) at 6.30 p.m. If you have any questions or comments,
please feel free to call me anytime.
Eric Lee Johnson, Planner
City of Boynton Beach
Planning & Zoning Division
100 E Boynton Beach Blvd
Boynton Beach, FL 33425
(561) 742-6260
1
FACSIMILE
uTY OF BOYNTON BEACH
Department of Development
City Hall, West Wing
100 E. Boynton Beach Blvd.
P O. Box 310
Boynton Beach, Florida 33425
(561) 742-6260
(561) 742-6259 Fax
Planning & Zoning
Division
TD
Fro/vf
DIl fe.
H.P Tomkins
5.7<.1(:... T"o t+,.:JSOtJ
(2- 3-01
F4x (561) 997-5721
vJ'\R'A.( (S(i1r) qq~-O'1SC;
~. l>tK-oIA G>.Jt s'tTe 1'17\0 T I=="lfe "'fFRNhJ
Attached you will find an email message that I tried sending you regarding the Dakota Loft's
Conditions of Approval. Staff is recommending site plan approval, contingent upon approval of the
concurrent rezoning / land use change, abandonment request, subsequent platting, and the site
plan's conditions of approval.
If YOLi have any questions or comments, please feel free to contact me at the above referenced
telephone number,
If you receive this fax in error, or experience trouble with transmission, please notify our
office immediately, at (561) 742-6260. Thank you.
Johnson, Eric
From:
Sent:
To:
Cc:
Subject:
Johnson, Eric
Monday, December 03,2001 10:17 AM
'hptcon@bellsouth.net'
Kemmer, Rodger; Rumpf, Michael; Galav, Lusia; Borden, Bob
Dakota Lofts site plan and Fire approval
Mr Tomkins,
As you can recall, the Dakota Lofts site plan application was heard at the November CRA Board meeting and tabled until
the December CRA meeting due to in part because of the Board's examination of the emergency vehicle turn-around area.
Per our meeting with you last Friday (11-30-01) regarding this issue, you are to request a letter or memorandum from the
City's Fire Department indicating their approval for the "T"-type fire engine turn around area, proposed at the southeast
corner of the subject property Fire review and approval is a necessary component of site deveiopment and this became a
critical issue at the last CRA meeting. The Board must feel confident the plan meets Fire's approval. It would be highly
desirable to have staff from Fire to be present at the next CRA meeting because I'm sure the Board will have further
questions. The next CRA meeting will be Tuesday (12-11-01) at 6:30 p.m. If you have any questions or comments,
please feel free to call me anytime.
Eric lee Johnson, Planner
City of Boynton Beach
Planning & Zoning Division
100 E Boynton Beach Blvd
Boynton Beach, Fl 33425
(561) 742-6260
1
=FISH REALTY INC.
Fr NO, 1 551 738 7911
~,- ~ 28 2001 05.01PM Pi
Salefish Realty Inc.
Salefi ,,,J~ (C ~ ~ ~7 ~\\~i 532 East Ocean Ave
Really 19'Gl . Boynton Beach FL 33435
,Ill
. 561-738-6613 Office
561-738-7911 Fax
Krbt~'n Conti, CIPS. CRS
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Busl.n\.':\~ (SEll) 73lH:,ft 13
F" (51;]) 7;18.7911/<';011 (561) 66"'0".
EIn,\i! kC5elJsrc@flin~t.com
WC'bsit~ www.~lcfh;hrc..lt)..C(.Irn ~~
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:F;SH REALTY INC.
FI NO.
1 561 738 7911
28 2001 06:01PM P2
November 20, 2001
City of Boynton Beach
Community Redevelopment Agency
RE. Dakota Lofts Site Plan
We are Boynton Beach residents who live immediately adjacent to the Sun Wah property
The following issues we would like addressed prior to approving the redevelopment:.
1 Agreement for uninterrupted water and sewer service.
2, Agreement for existing docks to remain and access to ICW
3 Fence on property line to remain or privacy wall to be erected,
4 Southeast building to have decorative elements on east elevation facing ICW
5 Revise building height to meet code.
6. Clearly indicate turn around for fire and emergency at SIB comer
The following issues affect all Our neighbors and need to be addressed:
1 Agreement for water service and making good Bamboo Lane after
installation.
2, The current inclusion of the canal in calculating the allowable number of units
reduces the green space of the property Please insure that this meets code.
3 Current entry to Bamboo Lane is dangerous due to inadequate width, Provide
__ _., _ pl,anfQ[ wi9~~~djn~llJ.de plan for uninterrupted phQ~~Ji!ervic~..sin.ce Hell
South switch at Bamboo Lane island will need to be relooated.
4, Temporary landscaping and fencing during constnlCtion,
5 Provide private gates at Bamboo Lane and Virginia Gardens to prevent
increased traffic on one-lane private roads,
6 Guest parking inadequate,
7 Elevations for Federal Highway West, North and South should be improved.
8, Backup fOf garage inadequate for large vehicles.
9 16' width inadequate for two-car garage,
10 Decorative light fixtures to be installed.
11 Contractor to address clean-up of neighboring pools and decks.
Should development be approved, we, as residents, would like the opportunity to review
and approve the construction schedule, i.e. consideration of site trailer, site facilities,
dumpsters, working hotHS, clean-up plan and duration of construction.
:iw:,,:~ opprecJj fl ,...os are _.Sled priono the """"dopment .pprov,l
~ ) ~ ~
'cr and Denise Canova
"FISH REALTY INC.
FI NO, 1 561 738 7911
28 2001 07 44PM P1
SalefisJ,
Realty Inc.
Salefish Realty Inc.
532 East Ocean Ave
Boynton Beach FL 33435
561-738-6613 Office
561-738-7911 Fax
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_EFISH REALTY INC.
F NO.
1 561 738 7911
Nl
28 2001 07 44PM P2
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~efiSh Realty Inc.
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\Tovember 28,2001
'v1itchell Pasin
)akota Lofts
;621 S Federal Highway
30yntonBeach, FL 33435
)ear Mr Pasin,
Ve are in receipt of you correspondence found under our door today As I stated at the
npromptu meeting held last Tuesday, November 20,2001, we are more than willing to work
lith you toward the completion of your project. If you ask anyone in the City of Boynton, they
{ill tell you I am one of the strongest proponents of smart growth in our city By working
)gether, we can accomplish this goaL
was my understanding that we would be receiving a fonnal document from an attorney spelling
'It very clearly what we were gettIng in exchange for our support of the zoning change and the
'oposed site plan, We were also told we would have the opportunity to present such
:lcumentanon to our own attomies for review prior to signing,
'bile I recognize that your intent is to show a meeting of the minds prior to your attorney
-awing up any formal documents, we are not comfortable with the vague nature of this letter
here are still several other issues ofconcem that need to be addressed before you will have the
:pport you seek.
le most important aspect for my husband & I is our existing dock and water rights, The
lcument you left for us says nothing of this being a permanent easement that would be
msferable to a new buyer That bundle of rights surrounding use of the wa.tetway and the
aintenance of our current dock and waterfront lifestyle are major concerns for very obvious
asons. The solution proposed by Mack seemed fair & equitable but I do not see the same
19uage before me in your letter
le second major concern is the increased traffic on our unpa.ved road, We would really like to
;cuss the idea of a privacy gate for Virginia Garden specifically prior to final approval. Weare
o concemed about the landscape buffer that will protect our privacy upon final completion of
: project, lve heard the statistics and been told this will decrease traffic, Based on first hand
owledge, I disagree. Sun Wah only utilized the westernmost portion of the parking lot which
t oveT half of the eastern section as extra privacy We recognize the need to compromise to see
)wth & positive change but want to protect our children & pets from unnecessary traffic up &
wn a dirt road, We chose Virginia Garden as our home because of the R I AA zoning which we
t would protect us from the loss of privacy We have enjoyed the unique flavor & quirkiness
_EFrSH REALTY INC.
F, NO.
1 561 738 7911
Nt
28 2001 07 45PM P3
JUT our neighborhood, However; your plans could prove beneficial to the area if our issues can
le resolved,
We will be more than happy to review anything your attorney wishes to send to us, Please have
11m direct it to our mailbox at 1 Virgmia Garden DeIray Beach, PL 33483-6305. Jfyou would
ike to discuss anything further with David & myself; please give us a courtesy call in advance and
Ife would be happy to set up an appointment Our lives are very full and we like to be prepared
"or visitors and together for any and all discussions pertaining to our home, You may reach me at
he number found at the bottom of this page or via cell phone at 662-4012,
IV e thank you for your anticipated cooperation in these matters and look forward to hearing from
lour attorney in the very near future.
Sincerely,
~.
Kristen Conti
c: Quintus Greene
Mike Rumpf
-- .-'
:t61. 742 4281'1
2e-~~el 0&:%a PH KRI~TEN CON
o'
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Ncmmbcr 26,2001
n....... ~ Cclad
1 VqjAia 0IEdlla
OIItav Bach. fL 310m
OW IAvs & lCriItia,
It _. p~ z:lIlllilIa with you lut...,.,;c Tho ~ pc.illu.".... dl~
ptrtallliq to your PfOI*tY,
UllOa the D&lrora LodS Ippl'OValllfilJ,a~ plan bylilC City ofBoyntOll BeIdl. Dclmt&
Lob will, IZlu ~ qreo \0:
1, Adddcoonocll/d_lll't$ totlluide otlts bailding-.
2, DUtJU 1.o'Jb ".0111")1 1ll8llf IlK' ~ 1Il aI10w it ~ imprcwe lII1d ~ lbc
CIItnIDcC iDaJld .-ilia GIIOo Bamboo Lallelh>m PRenl HI&bwaY.
3. DtkoI& l.Dtb will ~ fClU . \lSe _llt~ 10 UIG the <:&D&I far iaps p;( ,-lIIld
for)'Qllf boat docK.
4, Provide taar- and Ear- tbr your -a.-e ~ o.l<ota:Lctb Will 'AlIrf ClIn!
will be made lY811ab~ if"a ~ "'ll'3IIClO way gate i, pill: in OIl Bamboo Lane ilUO
lJ........ Loa..
~ lip ~ ~ Nlow I'~e...':"ll ya.r ApPfovtllO.,.. can hroe our
IlIlImey"ate _-" dDaJ_
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'led ~ 4/fA' 1U/e
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11/28/2001 09 54
551-832-9583
ZELUCf~ INC JIH SZTUJ<
PAGE 01
VI4 FJl.X q4~. (POeq
November 20, 2001
City of Boynton Beach
'-, Community Redevelopment Agency
A"'fT]I.: hi 'C//~t..LE'" )/oyLA/l)j
RE: Dakota Lofts Site Plan
We are Boynton Beach residents who live immediately adjacent to the Sun Wah property
Tbe following issues we would like addressed prior to approving the redevelopment:
1 Agreement for uninterrupted water and sewer service,
2, Agreement for existing docks to remain and access to JeW
3 Fence on property line to remairi or privacy wall to be erected_
4 Southeast building to have decomtive elements on east elevation facing IeW
5 Revise building height to meet code.
6, Clearly indicate turo around for fire and emergency at SIE comer,
The following issues affect all our neighbors and need to be addressed;
Agreement for water service and making good Bamboo Lane after
installation,
The current inclusion oithe canal in calculating the allowable number of units
reduceS the green space of the property Please insure that this meets code,
Current entry to Bamboo Lane is dangerous due to inadequate width. Provide
pIa.n for widening and include plan for uninterrupted phone service since Bell
South switch at Bamboo Lane island will need to be relocat.ed,
Temporary landscaping and fencing during construction.
Provide privat/i) gates at Bamboo Lane and Virginia Gardens to prevent
increased traffic on one-Jane private roads.
Guest parking inadequate,
Elevations for Federal Highway West, North and South should be improved,
:Backup for garage inadequate for large vehicles,
16' width inadequate for two-car garage.
Decorative light fiKtures to be i!1$talled,
Contractor to address clean-up of neighboring pools and decks,
1
2.
j
-'--"
4.
5
6..
7
8
9
10.
11.
Should development be approved, we, as residents, would like the opportunity to review
and approve the construction schedule, i,e, consideration of site trailer, site fllcilities,
dumpsters, working hours, clean-up plan and duration of construction,
We would appreciate if these issues are addressed prior to the redevelopment approval.
~--'~
cc:
Dakota Lofts
NOV-16-213131 17:113 FROM
PT
ONSULTANTS. INC.
229$ Corporate Blvd, N .W,
[xecuti\l'e Court One
Soit. 240
Bo.. Raton, FL 33431
r.l 561.998.0955
Fax 561.997.5721
.mail: hplcon@bell,outh,nel
PROFESSIONAL
ENGINEERING
i.AND DEVELOPMENT
.
SITE EViU.UA'rION
.
GO\1IiRJiIMENTAL
.
PERMI'M'lNG
.
TRAFFIC ANALYSIS
& CONCURRENCY
.
PROJECT MANAGEMIlNT
.
ENVIRONMENTAL
TO 15617426259
P eV131
November 15, 2001
Via Fax: 561-742-6259
Mr, Dick Hucbon
Mr. Eric Johnson
City ofBoyntorl Beach
Department of Development
Planning and ZOning Division
100 East Bayman Beach Blvd.
Boynton Beach, F10ridl 33425.0310
RE: Dakota Lofts
Dear Gentlemen,
Please poatpoDe the land UIe-IUOning oftbi. proje<;t to the City Commission
meeting in December, I understand that the site plan and rezoning nw81 be
done simultaneously We are working with Utilities to resolve the issue of the
wells and anticipate that all issues will be resolved in order to be on the
December CRA meeting agenda. If you have any questions or need any
additional information, please coDl8Ct me at 561.998.095S
Sincady,
H. P Tompkins, Jr.
Principal-itl-cbarge
TOTAL P 131
FACSIMILE
L.lTY OF BOYNTON BEACH
Department of Development
City Hall, West Wing
100 E. Boynton Beach Blvd.
PO. Box 310
Boynton Beach, Florida 33425
(561) 742-6260
(561) 742-6259 Fax
Planning & Zoning
Division
10
Co
fj'l)r?
"TAte
72-F'
H.P Tomkins
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f;1..); (561) 997-5721
fhv~ (c;,-i') 198'- 0956
Attached you will find the Dakota Loft's Conditions of Approval. Staff is recommending site pI
approval, contingent upon approval of the concurrent rezoning I land use change, abandonmr
request, subsequent platting, and the site plan's conditions of approval.
Special attention should be given, in particular, to Fire's comment (#3) and Engineering's comments
(#14) regarding emergency vehicle turn-around area, as they are both related to the same issue.
The current site plan still does not satisfy this emergency-vehicle turn-around area requirement. It is
highly recommended that you communicate with the Engineering Department on this matter before
the public meeting.
The project has other outstanding issues but this emergency vehicle turn-around area is of critical
importance.
Please do not forget to bring me the project's color rendering (photograph).
If you have any questions or comments, please feel free to contact me at the above referenced
telephone number.
If you receive this fax in error, or experience trouble with transmission, please notify our
office immediately, at (561) 742-6260, Thank you,
DEPARTMENT OF DEVE::LOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
October 12, 2001
Mr, H,P Tompkins
2295 Corporate Drive
#240
Boca Raton, FL. 33431
Re: Dakota Lofts
NWSP 01-010
Dear Mr Tompkins,
The above referenced project received a 3rd TRC staff review on October 2,2001 The hourly rate plus
benefits charged by staff for this review was $250,04 Please remit this amount to the Planning and
Zoning Department. Make checks payable to the "City Of Boynton Beach"
Please contact me at (561) 742-6260 if you have additional questions,
Sincerely,
D~f~/Mt/
Lusia Galav, AICP
Principal Planner
CC: Michael W Rumpf, Director of Planning and Zoning
LG/sc
S:\Planning\SHARED\WP\PROJECTS\DAKOTA LOFTS\3rd review charge. doc
City of Boynton Beach. 100 East Boynton Beach Blvd" P,O, Box 310 . Boynton Beach, Florida 33425.()310
Phone: (561) 742-6350 . www.ci.boynton-beach.f1.us
DEVELOPMENT DEPARTMENT
MEMORANDUM NO PZ 01- 206
TO'
TRC MEMBERS
Bob Borden, Deputy Fire Marshall
Kevin Hallahan, ForesterlEnvironmentalist
James Prestinari, Police Department
H, David Kelley, Utilities Department
Timothy Large, Building Department
Jeff Livergood, Public Works, Traffic
Ken Hall, Public Works, General
Laurinda Logan, Engineering
LusiaGalav, Planning & Zoning
Barbara Meachum, Parks
FROM.
Michael W Rumpf
Planning and Zoning Director
DATE.
October 2, 200 I
SUBJECT
3'. Review- New Site Plan
Project- Dakota Lofts
Location: 3010 South Federal Highway
Agent: H.P Tompkins
File No.-NWSP 01- DID
Please document your review time and calculated cost based on your hourly rate plus benefits, for the 3'"
review on the above referenced project. Please provide me with this documentation no later than
Wednesday, October 3, 2001
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Planninl! Memorandum: Forester I Environmentalist
To:
Lusia Galav, Principal Planner
From:
Kevin J Hallahan, Forester I Environmentalist
Subject:
Dakota Lofts
NWSP 01-010
3rd Review
Review time fee
Date:
October 2, 2001
Review time: 1 hour @
35% benefits
$27 ,25 per hour
9,54
$36,79 total cost
Kjh
File
DEVELOPMENT DEPARTMENT
MEMORANDUM NO PZ 01- 206
TO'
TRC MEMBERS
Bob Borden, Deputy Fire Marshall
Kevin Hallahan, ForesterfEnvironmentalist
James Prestinari, Police Department
H. David Kelley, Utilities Department
Timothy Large, Building Department
Jeff Livergood, Public Works, Traffic
Ken Hall, Public Works, General
Laurinda Logan, Engineering
LusiaGalav, Planning & Zoning
Barbara Meachum, Parks
FROM,
Michael W Rumpf
Planning and Zoning Director
DATE.
October 2, 200 I
SUBJECT
3'. Review- New Site Plan
Project, Dakota Lofts
Location: 3010 South Federal Highway
Agent: H.P Tompkins
File No,-NWSP 01- DID
Please document your review time and calculated cost based on your hourly rate plus benefits, for the 3'.
review on the above referenced project. Please provide me with this documentation no later than
Wednesday, October 3,2001 Nct:..W\ ;' l.Ua.NEe..
(J)
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'-- -----
Coale, Sherie
From:
Sent:
To:
Cc:
Subject:
/-- ~---..,
( Kelle~. David ___
"- Mon ay, 6ctober 08,2001 10:09 AM
Coale, Sherie
Galav, Lusia; Johnson, Eric: Kribs, Carol
RE. 3rd review fees for Dakota Lofts
Sherie.
Please be advised that I had one (1) hour for review and meeting time on this project representing
the Utilities Department; actual payroll rate is $32.19/hour Use whatever multiplier that is applicable
for the overhead costs involved.
Dave.
----Original Message----
From: Coale, Sherie
Sent: Friday, October 05, 2001 11 :03 AM
To: Kelley, David; Large, Tim; Johnson, Eric
Cc: Galav, Lusia
Subject: 3rd review fees for Dakota Lofts
I still need a confirmation of time & hourly rate calculation for the above referenced TRC meeting. Please send via e-
mail or hard copy to either Lusia or me. The applicant is expecting a bill for the additional time.
1
Coale, Sherie
From:
Sent:
To:
Subject:
Johnson, Eric
Tuesday, October 02, 2001 11 :08 AM
Coale, Sherie
FW' Review Rate-NWSP 01-010 Dakota Lofts
Note Mr Kemmers fee for the 3rd reveiw. Thanks
Eric Lee Johnson
Planner
-----Original Message---
From: Kemmer, Rodger
Sent; Tuesday, October 02, 2001 10:37 AM
To: Johnson, Eric
Cc: Rumpf, Michael; Gale, Steven; Borden, Bob
Subject: Review Rate,NWSP 01-010 Dakota Lofts
In response to your Memo No. PZ 01-206, we are providing our hourly review rate of $ 35.00 with a $ 35,00 minimum.
This is established by City Ordinance Section 9-19, Today's time was 1.5 hours. The totai accumulated time for the
original review and previous meeting times that were cancelled is approximately 3 hours.
-RK
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1
Coale, Sherie
From:
Sent:
To:
Subject:
Johnson, Eric
Friday, October 05,2001 1"47 PM
Coale, Sherie
RE. 3rd review fees for Dakota Lofts
$36.04 total for 2 hours
Eric Lee Johnson
Planner
----Original Message-.--
From: Coale, Sherie
Sent; Friday, October 05, 2001 11 :03 AM
To: Kelley, David; Large, Tim; Johnson, Eric
Cc: Galav Lusia
Subject: 3rd review fees for Dakota Lofts
I still need a confirmation of time & hourly rate calculation for the above referenced TRC meeting. Please send via e-
mail or hard copy to either Lusia or me. The applicant is expecting a bill for the additional time.
1
DEVELOPMENT DEPARTMENT
MEMORANDUM NO PZ 01- 206
TO'
TRC MEMBERS
Bob Borden, Deputy Fire Marshall
Kevin Hallahan, ForesterlEnvironmentalist
James Prestinari, Police Department
H. David Kelley, Utilities Department
Timothy Large, Building Department
Jeff Livergood, Public Works, Traffic
Ken Hall, Public Works, General
Laurinda Logan, Engineering
LusiaGalav, Planning & Zoning
Barbara Meachum, Parks
FROM,
Michael W Rumpf
Planning and Zoning Director
DATE.
October 2, 200 I
SUBJECT
3'. Review- New Site Plan
Project- Dakota Lofts
Location: 3010 South Federal Highway
Agent: H,P Tompkins
File No.-NWSP 01- 010
Please document your review time and calculated cost based on your hourly rate plus benefits, for the 3'.
review on the above referenced project. Please provide me with this documentation no later than
Wednesday, October 3, 200 I
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S:\Planning\SHAREDlINP\PROJECTS\DAKOTA LOFTS\3rd Review Memo.doc
FACSIMILE
CI'I (OF BOYNTON BEACH
Department of Development
City Hall, West Wing
100 E, Boynton Beach Blvd,
POBox 310
Boynton Beach, Florida 33425
(561) 742-6260
(561) 742-6259 Fax
Planning & Zoning
Division
TO'
COMPANY
FROM:
DA TE.
RE.
H.P Tomkins
H p, Tomkins
Eric Lee Johnson
10-24-01 NUMBER OF PAGES: (includina cov)
Dakota Lofts drainaae reauirements and CRA meetina
FAX.
PHONE.
(561) 997-5721
(561) 998-0955
1
On Friday, October 19, 2001, you submitted revised copies of several plans, including but not limited
to architectural and landscape plans that were required in order for the above referenced project to
proceed to the November 13th Community Redevelopment Agency meeting, Laurinda Logan from
the Engineering Department has determined that the following comments still have not been
addressed,
1. Comment # 29- Provide drainage plans and design data for site drainage as specified in the
LDR, Chapter 6, Article IV, Section 5. Show flow data geographically (flOW arrows). Indicate
rim and invert elevations for all manholes and catch basins. Provide details for exfiltration
trenches, catch basins, and manholes. Indicate by note that storm water will be contained on
site (LOR, Chapter 23, Article II.F.);
2. Comment # 44- The roads on the north (Virginia Garden Drive) and south (Bamboo Lane)
sides of the property are deficient with respect to right-of-way width and pavement width.
Bamboo Lane will be required to be widened to 22 feet to meet minimum street pavement
widths (LOR, Chapter 6, Article IV, Section 10.C). Virginia Garden Drive has previously been
determined to remain a designate private drive and will therefore be exempted from any
upgrades to the majority of the roadway. However a turn-around shall be provided at the
north terminus of the roadway connecting Bamboo Lane and Virginia Garden Drive (LDR,
Chapter 6, Article IV, Section 10.D). Streets shall be designed in accordance with all applicable
sections of the Code and LDR.
The project has other outstanding issues but these are of critical importance, Comment #44 can be
addressed at the CRA meeting, The Planning & Zoning Division, however, must receive revised
drainage plans (which are acceptable to Engineering) that address Comment #29 no later than noon
on Friday, October 26,2001 In the event we do not receive these revised plans, the project will be
tabled until the December 2001 CRA meeting. Also, the abandonment project is postponed until Jose
Alfaro determines it can proceed to the next level. If you have any questions or comments, please
feel free to contact me at the above referenced telephone number
If you receive this fax in error, or experience trouble with transmission, please notify our office
immediately, at (561) 742-6260. Thank you.
SEP-25-2001 09: 24 FRn"1
HPT
ONSULTANTS, INC.
lZ9S Corporate Blvd, N.W.
Executive Court One
Suite 240
Boca Ralon, FL 334:U
Tel S61.998.09S5
F.x 561.997.5131
".iI: hplcon@bellsouULnet
PROFESSIONAL
ENGINEERING
I.AND DEVELOPMENT
.
Sl"rt EVALUATION
.
GOVERNMENTAL
.
PERMITIlI<G
.
TRAFFIC ANALYSIS
& CONCURIWICY
.
PROJECT MANAGEMENT
.
ENVIRONMENTAL
TO J<;'<;17426259
P 01/01
September 24, 2001
Via Fax: 561.742-6259
Ms, Sherie Coale
City of Boynton Beadl
Department of Development
Planning and Zoning Division
100 East Boynton Beach Blvd.
Boynton Beach, Florida 3342S-03\ 0
RE: Dakota, Lofts
Dear Ms, Coale,
Pursuant to your memo, please postpone this item to the next available
Technical Review Committee, We are trying to resolve all of the comments
received to date and finish the architectural plans required for this submittal.
I apologize for this request for postponement, but I would like to address all
of the comments one time and not waste staffs time with more than one TRC
meeting. If you have any questions or need any additional infonnation, please
contact me at 561-998-0955
Sincerely,
~ir1
H. P Tompkins, Jr.
"""P'i.","""""
TOTAL P 01
~,\"Yor-
~o ,~.tri~ t
~.rd:
tVrO~1 '0
DEPARTMENT OF DEVELOPMENT
Planning and Zoning Division
. Building _ Planning & Zoning . Occupational Licenses . Community Redevelopment
September 19,2001
Mr H P Tompkins, Jr
HPT Consultants, Inc.
2295 Corporate Boulevard, N,W
Executive Court One-Suite 240
Boca Raton, FL 33431
RE: Dakota Lofts
Dear Sir'
Pursuant to your request for postponement of review by the Technical Review
Committee of the above referenced project, the review has now been scheduled for
Tuesday, September 25,2001 As a result of this postponement, your scheduled dates
for hearing by the Community Redevelopment Agency and the City Commission are
now November 13, 2001 and November 20, 2001, respectively
In addition, since the site plan for the project will also be reviewed the master plan for
the Planned Unit Development, the land use amendment/rezoning and abandonment
applications for the property will be heard by the CRA and the City Commission on the
same dates as the site plan.
Should you have any questions, please contact me at 742-6260,
Yours truly,
~il
Dick Hudson, Senior Planner
J:\5HRDA TA \Planning\$HARED\ WP\PROJECTS\DAKOT A lOFTS\LUAR\Reschedule Itr.dot
City of Boynton Beach. 100 East Boynton Beach Blvd.. P,O. Box 310 Boynton Beach, FL 33425-0310
Phone (561) 742-6260 . Fax (561) 742-6259 . www.cLboynton-beach.fJ.us
SEP-17-2001 18:49 FROM
HPT
k:ONSUL1l\NTS. INe
229S Corporate Blvd, N. W.
8.xecutiv~ Court One
Suite 240
n""a Ralon, FL 33431
Tel 561,998-0955
Fax 561.991-5721
EtllaiI: hptcon@beU.outh.net
PROFESSIONAL
ENGINEERING
LAND DEVELOPMENT
.
SITE EVALUATION
.
GOVERNMENTAL
.
pEIWITTlNG
.
TP.AFFIC ANALYSTS
'" CONCURRENCY
.
PROJECT MANA.GRMENT
.
ENVlRONMENT^L
TO 15617426259
P 01/01
September 17, 200 1
Via Fax: 561.742.6259
Ms. Sherie Coale
City of Boynton Beach
Department of Development
Planning and Zoning Division
100 East Boynton Beach Blvd,
Boynton Beach, Florida 33425-0310
RE, Dakota Lofts
Dear Ms, Coale,
Pursuant to your memo of September 15, 2001 please postpone this item to
the next available Technical Review ColDl11ittee. We are trying to resolve
all of the COII1IIl4lIlU received to date and finish the architectural plans requiml
for this submittal, I apologize for this request for postponement, but I would
like to address all of the c:omments one timeand not waste staff's time with
more than one TRC meeting. If you have any questions or need any
additional infOl1lllltion, please contlWt me at 561-998-0955,
Sincerely,
4~~
H, P Tomplcins, Jr
Principal.in-clt81ge
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TRANSMITTAL
CITY OF BOYNTON BEACH
100 E. BOYNTON BEACH BOULEVARD
P.O BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
FAX: (561) 742-6259
PLANNING AND ZONING DIVISION
to: H.P Tomkins
fax #: (561) 997-5721
date: August 24, 2001
from: Lusia Galav, Principal Planner
re: 1" REVIEW COMMENTS FOR
Dakota Lofts site ulan - NWSP 01-010
Please find attached the first review comments for your project. To stay on the
current review schedule, please do the following steps hsted below, and bring all
documents to the TRC scheduled for September 11,2001
1 Revise your plans incorporating all comments listed herein, including the addition of
notes on plans to confirm response to general statementsl comments, and bring 10 copies
to the TRC review meeting (full sets including all pages originally submitted);
2, Submit the additional information as requested within the attached comments; ( i,e, traffic
analysis, engineering certification, etc,)
3 Prepare a written response (7 copies) consisting of a list briefly summarizing how each
comment has been addressed on the revised plans or with the supplemental information
including location on the plans ( this promotes an expeditious 2nd review by staff and
your project representatives during the TRC meeting );and
4
Submit reductions (8 Y, X 11) for the proposed
site plans, elevations and landscaping plan (this
is required for the final report and public
presentation),
Planning and Zoning Division
City of Boynton Beach
Boynton Beach, Florida 33425
742-6260
Fax: 742-6259
The applicant should not attend a TRC (2nd review) until all documents have been revised and
copied for staff review If plans will not be fully revised and brought to the scheduled TRC
meeting, contact Lusia Galav in this office by the Thursday prior to the scheduled meeting date,
Projects deviating from the original schedule are eligible for review at subsequent meetings,
which are held every Tuesday To reschedule, contact Sherie Coale, by the Thursday prior to the
Tuesday TRC meeting that you desire to attend, The remainder of the review schedule will be
adjusted accordingly If you have questions on the attached comments, please contact the
respective reviewer using the attached list ofTRC representatives,
If the plans are reasonably complete and all significant comments are addressed following TRC
(2nd review), the project is forwarded to the Planning and Development Board Meeting that falls
approximately 2 to 3 weeks following the TRC meeting, An "*,, by any comment identifies a
comment that must be addressed prior to moving forward to the Planning and Development
board,
Note: Items recognized by staff as typically outstanding at this point include a traffic report
and/or confirmation of the traffic concurrency approval from the Palm Beach County
drainage certification by a licensed engineer, signed "Rider to Site Plan Application"
form and colored elevations of the proposed project. This information is necessary for
the project to proceed, If you have submitted this information, please disregard this note,
Engineering John Guidry H, David Kelley Jr 742-6488 742-6285
Building Don Johnson Timothy Large 742-6352 742-6357
Fire Department Steve Gale Bob Borden 742-6602 364-7382
Roger Kemmer 742-6753 742-6357
Police Department Marshall Gage Sgt. James Prestinari 737-3136 742-6185
Utilities John Guidry H, David Kelley Jr. 742-6488 742-6285
Public Works-General Larry Quirm Ken Hall 742-6283 742-6285
Public Works-Traffic Jeffery Livergood 742-6201 742-6211
Parks & Recreation John Wildner Barbara Meacham 742-6227 742-6233
F orester/Environmentalist Kevin Hallahan Kevin Hallahan 742-6267 742-6259
Plarming & Zoning Michael Rumpf, Lusia Galav 742-6262 742-6259
CHAIRMAN
Revised 03/21/01
\\CH\MAIN\SHRDAT A\Planning\SHARED\WP\PROJECTS\DAKOT A LOFTSIlst Review comments FAX doc
DEVELOPMENT DEPARTMENT
MEMORANDUM NO PZ 00-
TO'
TRC MEMBERS
Bob Borden, Deputy Fire Marshall
Kevin Hallahan, Forester/Environmentalist
James Prestinari, Police Department
H. David Kelley, Utilities Department
Timothy Large, Building Department
Jeff Livergood, Public Works, Traffic
Ken Hall, Public Works, General
Laurinda Logan, Engineering
Lusia Galav, Planning & Zoning
Barbara Meachum, Parks
~.
Michael W Rump .
Planning and Zoni lrel
FROM.
DATE,
September 18,2001
RE.
3" Review- New Site Plan
Project- Dakota Lofts
Location, 3010 South Federal Highway
Agent- H,P Tompkins
File No,- NWSP 01-010
Please document your review time and calculated cost based on your hourly rate plus benefits, for the 3"'
review on the above referenced project. Please provide me with this documentation no later than
Wednesday, September 19, 2001
MWR,
JS:\Planning\SHARED\WP\PROJECTS\DAKOTA LOFTS\3rd Review Memo.doc
Department of Engineering
and Public Works
PO. Box 21229
West Palm Beach, FL 33416-1229
(561) b84-4000
www.pbcgov.com
.
Palm Beach County
Board of County
Commissioners
Warren H. Newell. Chairman
Carol A. Roberts, Vice Chair
Karen T. Marcus
Mary McCarty
Burt Aaronson
Tony Masilotti
Addie L Greene
County Administrator
Robert Weisman
An Equal Opportunity
4JJirmative 4enon Employer
@ printed on recycled paper
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~~PARTMENT OF Dr v, I , ~~~, '\ 1 I
______ r
August 15, 2001
Mr Michael W Rumpf
Director of Planning & Zoning
Department of Development
City of Boynton Beach
PO. Box 310
Boynton Beach. FL 34425-0310
RE: Dakota Lofts
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Mr Rumpf'
The Palm Beach County Traffic Division has reviewed the traffic statement for this
project, pursuant to the Traffic Performance Standards in Article 15 of the Palm Beach
County Land Development Code, This project is summarized as follows:
Location:
Municipality:
Existing Uses:
Proposed Uses:
New Daily Trips:
Build-out Year"
3010 South Federal Highway
Boynton Beach
11,500 SF High Turn-Over Sit,down Restaurant
19 MF Residential Dwelling Units
Trip reduction
2002
Based on our review, the Traffic Division has determined that the project meets the
Traffic Performance Standards of Palm Beach County
If you have any questions regarding this determination, please contact me at 684-4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
;V).
cc: HPT Consultants
File: General, TPS, Mun - Traffic Study Review
F'ITRAFFIClmalAdminlApprovals\010808.doc
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Hili/dillK
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
August 10, 2001
Mr Masoud Atefi, MSCE, Sr Traffic Engineer
Palm Beach County Traffic Division
Department of Engineering and Public Works
POBox 21229
West Palm Beach, Florida 33416
Re. Traffic Study' Dakota Lofts
New Site Plan 01-010
Dear Mr Atefi:
The enclosed letter dated July 30, 2001 from Mr H.R. Tompkins, Jr PE, HTP Consultants, Inc.,
was received by Planning and Zoning recently for the above-referenced application. Please
review the enclosed additional information for conformance with the County's Traffic
Performance Standard Ordinance, and provide Timothy Large, Building Code Administrator,
and I with your written response,
If you have questions regarding this matter, please call me at (561) 742-6260
Sincerely,
dus-,.,tL~v !r
Michael W Rumpf
Director of Planning and Zoning
MWRlsc
S.\Planning\SHARED\WP\PROJECTSIDAKOTA lOFTSITRAFFIC MEMO.doc:
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd" P,O, Box 310 Boyntoo Beach, Florida 33425-0310 Phooe: (561) 742,6260 FAX: (561) 742-6259
FACSIMILE
CITY OF BOYNTON
BEACH
City Hall, West Wing
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33425
(561) 742-6260
(561) 742-6259 Fax
From the office of
Planning & Zoning
TO: Mr. Masoud Atefi, MSCE
FAX: 561-684-4123
FROM:
Michael Rumpf, Director of Planning & Zoning
NUMBER OF PAGES: (including cover)
8
DATE:
August 10,2001
RE: Traffic Studies
The following traffic studies are being forwarded to you for your review and consideration. If you have
any questions regarding either study, please call me at (561) 742-6260.
Thank you.
If you receive this fax in error, or experience trouble with transmission, please notify our office
immediately, at (561) 742-6260. Thank you.