REVISED PUBLIC NOTICE
CITY OF BOYNTON BEACH
DEVELOPMENT ORDER
In Re:
ISLES OF HUNTER'S RUN .
Application of Home Development Corp. of South Rorida
for Rezoning, Land Use Designation and
Master Plan Approval
f
I
This matter came on to be heard before the City Commission of the City of Boynton
Beach, Rorida on November 7, 1995. The app6cant, Home Developmenl Corp. of South
Rorida, as contract purchaser and Summit Assodates, Ud., seek application for rezoning,
land use designation, and Master Plan approval for real property more particularly
described in the Settlement Agreement attached hereto as Exhibit nAn.
Based upon the testimony and evidence presented-by the applicants, the City staff,
and members of the public, the City Commission of th~. City of Boynton Beach, Florida
grants the following: -'
1. The Settlement Agreement and Stipulation for Entry aI Agreed Order
attached hereto as Exhibits "A" and "B" respectively are hereby approved and the Mayor
and City Clerk are authorized to execute same on behalf of the City.
2. The City Attorney is directed to execute the Stipulation for Entry of Agreed
Order and to submit the Stipulation and the Agreed Order to the Palm Beach County
Circuit Court for approval.
3. The application for rezoning of the property is hereby granted and the
property is rezoned to a Planned Unit Development (PUD), limited to single family usage
and a LUI rating of 4.00.
4. The application to amend the land use designation is hereby approved and
the land use designation is changed to low density residential.
5. The Master Plan, attached hereto as Exhibit nc. is hereby approved subject
to the following specific conditions:
A. Home Development Corp. of South Rorida shall, as a
condition precedent to the issuance of further development
orders or building permit, submit to tho City proof and
documentation that the Isles of Hunter's Run has been
approved for inclusion in the Hunter's Run community of
associations and, file with the City documentation, in a fonn
acceptable to the City Attorney, evidencing rights of cross
access with the existing Hunter's Run community. The
documentation shall be sufficient to demonstrate compliance
with the access, drainage, and recreational amenity issues
EXHIBIT \'fJ II
. '
otherwi~required for dBveIopment 01 a ,....._ unit
development in Boynton Beach, Aorida.
f
B. Applicant shall pay a fee in lieu of land dedicaliln for
recreational amenities as odBwise determined by Artid'l V of
Chapter 1 of the City's Land Development Regulation.
C. Building setbacks shal be maintained as follo_ 15
feet front, 10 feet rear (building), 7 feet rear (pools, J~f,
whirlpools), 5 feet rear (saHl1ed encfosures), 10 fesside
(non-zero side - minimum IlJifding separation), 3 fe9lside
(non-zero side - screened endosures), five feet side (nolliBro
side - pools), and a building height of two stories (lit to
exceed 30 feet).
D. The applicant wiff place a note-'on the.master plaathat
indicates the maximum floor area will be submitted It the
Building Department on a lei by lot basis as part of perniling
to monitor land use intensity. The information shall be indlart
form and submitted with each building permit requ85ting
square footage that is incfuded in floor area 1Bti0
computations. The chart shall verify that the maximum allred
square footage for the projeais not exceeded. The chartshall
identify the maximum allowed square footage for the Eire
development as allowed bytIIJ LU.f., the total number mlDts
in the project, the subject ooilding permit number, howlllnY
square feet are deducted fromthe maximum allowed floorarea
with the subject permit request and the balance remaiing.
The chart shall track all previous permits by permit r11IIIber
and include floor area computations. Following apprOlllll of
the last building permit, the total allowable square footaga1hat
remains unbuilt will be divided equally between the 56krts.
Each lot will be only entitled to add up to that spedied
maximum number of square feet of living area.
5. This Development Order shal be deemed final upon i
Attorney and the City Clerk.
Issued this ;<0 day of Ir/oYc//1.t5f t.. . 1995.
ce by the City
~ ~~J~'__
Sue Kruse, City Clerk
.PEC -05-' 95. TUE 17: 21 ID: V I LDAY ,~~ ASSOC
TEL NO:407-689-2592
1:1295 POi
In "'t
om QF BOYNTOH
DEVII..OPMIHT ORa;
...... OF HUN'rIIWIR"'" '"
~~ofHWM~~
for ~d,., ....., UN a..fM"o" .nrI
MItt., PlInI\tMVt'eI
O:,....J.;..,~.~~@"'R-~rl.-i1n---"-"'>
D.. rL?"'4JJLJ3~.:L...tJL, r~;) i
nIt r ~ i J .:
I ~ 1 , . ' ,
if f i
,.
, ..
1,-,,'
- ~.~
L""".....;c_,._.~
t!kr.lllb Fllorlda
l
07t'V.... /
~
m. fftCtDr ClII1'II on 10 a. ". "fOT1l U. CIJ ..i tfM ~." ~
!Mdt. FIMril on NawtmlT 7. 19M. n. ap~ Ha ~~.nI: Co$. of Iouth
~1dII. _ arirw:t ~ sncS.sumn<< NIJ.~..... .1Ik 1I(~~n tar rwMRI,
I.nd u. dNlgtrdon, and MIlt., Plan ~flllor Pf1'.."" more p&nI~1
".;rfIJtd In the s.nItment ~l ~ t'.MO ~t -A-..
... UFJm me1lMfrmnr lI1'I-.,.IdInCe ~ th8 ~~ .,. C'J::
art. tlWrMl'I Of m. ~ ~. C1t1 Ovtnm**'" at City at Haymon BHOh.
..._ V1I1010W1n;: .
'0 Thl Sa1knwl'lt Ag1MfTl(Hrt .mt " 110' EIIby at ~ 0rdIr
~ ~ at f!.tnib'ta "1'.- and "8" ~dh-ti)'.... ..~ ..PRMd llI'd iIWI MlJOr
and Car CJIrIc Irt auttIJrtad to IJICU1t ..,.,. on b Qf tftt OUy.
2. Thl CIIp.ltWM, Ie drlCtad to.... ~on lor InIrJ crt AgrMd
Order Met to u.nll". .puldet'\ and the Aglwd to~. Palm BItah Covrtr
Graul CkMt for 4WfOWII.
. S. 1l'te 1Ip~0Ct 1=r nlCa.niTG of ,.,. .. hl,t"8D1 ",.- .. IMt
~"~1I!Id"<< ~ Untl; ~pmtn'f t"u ).1rnttIId,1O slngM~ ..-p
.... . W fling gr..oo.
4. ThI ~1D UImd th8 JIM..
iN lMd ...1f.IIiOMIo" II ehInpcI to (aw d..~
~ TN tLJ.""'1IId.a ""* a
"'- ...$WIftt.,.....~~
A. .Hon I)n........re Oetp. 01' J!mrldlll.a. · ·
oondld;n ~-.c tD tt1I fltUMOt q1 dlwftpmtnt
...... It ~tng ,.m.Itr.... tit ~ ,.- .ntJ
~aacn ,. tn 1tIf. d """ hi.. "1\
.IiPP'O'M foI lncIUIton . tf18 1iunIr. " IJGmn"l,1nity '"
. 1..1JMIIgn. end.'~ wfth \hi Ctty \Mu ~ In - farm
..... lilt N CRY AaomIJy. .. of CII'OM
a,,"" .... the .... ~ I\m ."......:)'0 Thl
4~"'" De ~ W --'."..1....
with" _". ~, ..d .......~ .....
.-en tt: I'tMCr ~1'VVWd and
Ii
"a' II ~~ wtIjIIIat
" j
"
tOJ ;I '. 'fil.
..m .
PFGI.tJI
III
~..
.,-,.,._~
_'" L ' DEC-0S-'9S TUE 17:22 ID:VILDA\" c\! ASSOC
TEL HO:407-E89-2S92
j:129S P02
~
...rwitI ,.,.,,* far dlWIIogmtnt . ,planulId unit
........'" 9tJrnto" tMIeh. Aadda.
It. Appbnt IfId _~ a _ In I'''' at d..,-*"' fwr
. r.a..... ~...1f'MII cflf;tmll ~~,y, ~.~. V cf
Ch.,.r' afltlw Clt)t. L.anct o.vtla"..,.nt - ...
c. 8&Aldnv"'&' =......... .,,....
.... fJ'OM.1Q.......... ~rw)11"" (p'-' ~"
~), & "" ..... ,...._ . ru)~ 10 ,Nt ..
(tIDMefD MdI . mn.n.u" tNtlclrtg ). 9 1" ...
(_~".~l8d~},1MJ -*(JlOn"ftra
.. . pM"). lWId a buking MIght of ....( (ncd tg
. ~ lid .. fIII)~
,D. Tl'lI~wlJ*ce."GlIt
. 'nil,.. the R.-4ftMn tlaot area wi:
~~unalotbrW
. ~.., tM Jr.-.4it). ThB II.....
leTlT! and ..,..d will -=i\ ~G . "'a.t._
...... ~ hi " ind&Md 1ft ttaot ..... JatJo
~ .".. ~1InII venti.. ftIIIIrUIIlftNId
.... ,..,. tQf" PfOtId It net TN ...IMH
I~'YN ~~ ~... ,., tf'ti. ...
~..-c '" 1bI l..UJ...1ho .......1It......
In .. ~ ... .~ ~ f'8"'* U!11btr, he,," "'."
......... dIdIJtWd tam,. ...,.,.. ft:J01....
w1th.ttJ, UJnC""'" UQ.1......., '* _nlllnhJI.
The .... aNII ...... ell ~ i'I1 ,..,. ~.I'
tlnd '.....1IBOr ... .~ore. lA:1lWtI Of
_I'" D61rv""'" '- '*' I\Il:Anb6I .. 10.118 '*
~ Ui\WM 'RIll -. ~iI>>d MpIIIf U. . ...
Itch IGt .wi.. aftlr ....rJ1H to IllId 10 thlt ..-oIhd
maJnNm lU'ftblt _.....,..-IMI
.. Tnta o.w-.p'lUInt 0dIf IhaU -.
MMnlJ ntn. QIIJ ~
tI...tD..It-.. of PM'WI-' J lIK
.;.
~..rJ!j)
T
N)J a '. .:44
3tlJS'77t~.. flG.1D
IIllfl TDTFl. ME." _
-
J
I'
"rot~ p,e3
i
I,
MINUTES "-'
SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 15, 1996
F. Variance Appeal. Summit Associates, Ltd.. Request for relief
from Section 4.J.2 of Chapter 2 of the City's Land
Development Regulations to allow construction of a 10 foot
high, pre-cast masonry buffer wall for a distance of
approxima~ly 230 linear feet along the north property line of
the ISles",Hunters Run PUD el)'JA cA5~~ :A/Ii
Kieran Kilday. agent for the applicant. advised that this is an appeal to a decision of
the Board of Zoning Appeals. The Isles of Hunters Run is a residential project
fronting on Congress Avenue in an area that was originally designated commercial.
This project was the subject of many years of litigation between the City of Boynton
Beach and the property owners. Residential was never considered a viable use.
However, the final settlement was amended to add residential.
This appeal involves a small walled area located at the north of the property next to
WXEL television station property containing satellite dishes in their backyard. There
was no problem with these satellite dishes until now because there is an office use
to the south. However, from a residential standpoint, they cause a major problem.
Mr. Kilday displayed photos depicting the view of the satellite dishes from the Isles
of Hunters Run property. This view led to the request for a variance to increase the
wall height from 6' to 10' on the portion of this wall which is on the north property
line.
Mr. Kilday advised that there was a motion to approve the appeal at the Board of
Zoning Appeals meeting, however, the motion failed by a 2.3 vote. Mr. Kilday
reviewed the criteria required for the granting of a variance:
1. Special conditions and circumstances are peculiar to the land and are
not applicable to other lands in the same district
This property was designated for commercial, and decisions were made regarding
adjacent properties assuming there would be no residential. If they had known in
advance that residential would be developed on this property, it is almost certain
that considerable screening would have been required.
2. Conditions do not result as a result of the applicant
This is an issue that predates the applicant.
3. Granting of the variance will not confer on the applicant a special
privilege denied elsewhere in the Ordinance
3
)
( .
MINUTES .........
SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 15, 1996
In looking at the existing chain link fence, it appears it is at least 8' talf with three
strands of barb wire above that eight feet. This is a situation where the applicant is
interfacing two zoning districts.
4. A literal interpretation of the Code would deprive the rights currently
enjoyed by other property owners in the district
In this case, a 6' waif will not be sufficient; however, the 10' waif accomplishes what
needs to be buffered.
5. The granted variance is the minimum variance.
In determining the area for the variance, the applicant went onto the north property
line and sighted WXEL's building. That view was not objectionable. The waif off
C9pgress is 6'. The 10' begins and wraps around the corner which is due south of
the area of the satellite dishes. The applicant limited the requested variance to the
smallest area possible to achieve the goal. Mr. Kilday explained how the
determination for a 10' wall was made. By going to a 10' wall the line of vision
extends.
6. The variance must be in harmony with' general intents and purpose of
the Code and not injurious to the welfare of the general public.
This 10' wall will have no affect on the satellite dish side of the waif. For the
residents, they will find that the 10' wall is desirable as opposed to the sight of the
satellite dishes. This wall is within the community and far back off Congress
Avenue.
The Board of Zoning Appeals members who voted against the wall felt a 10' wall
would be unsightly. This will not be a bare wall. There will be a full landscape
treatment including trees, which are 20' to 25' on center, and a hedge along the wall.
The applicant feels this variance is extremely important. If the applicant did not feel
the satellite dishes would be a detriment to the project, he would not have gone
through this effort. This is a situation where there is an interface between a
residential area and commercial area. He urged the Commission to consider the
issues and support the request for variance.
In response to Mayor Taylor's question, Attorney Cherof advised that this
proceeding is not quasi-judicial in nature since it is an appeal.
Mr. Kilday confirmed for Commissioner Jaskiewicz that this 10' wall will not front on
4
..
MINUTES ",~
SPECIAL CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 15, 1996
f!
Congress Avenue. It will only border the satellite dish area.
James Miriana. Chairman of the Board of Zoning Appeals, advised that the board felt
no hardship existed. In addition, he felt there had been a misrepresentation by the
applicant with regard to how the determination of the need for a 10' wall was derived.
In his opinion, a 10' waif will not serve the purpose for which it is intended. He feels
large trees would do more to obscure the view of these dishes.
Commissioner Jaskiewicz questioned the distance of the homes to the 10' wall. Mr.
Kilday explained there is no home on that side of the street because there would be
no way to block the view from second story windows. There are five lots which are
the most critical lots. He again explained the geometry involved in determining the
wall height needed to block the view of the satellite dishes.
Motion
Mayor Pro Tem Matson moved to approve a 10' high pre-cast masonry waif along the
northern property line of a distance of 230 linear feet to screen adjacent
communications facility at the Isles P( Hunters Run. Vice Mayor Bradley seconded
the motion. U
Mayor Pro Tem Matson stated that it is always important to be cognizant of property
rights. When homes are being sold for upwards of $350,000, it would be a hardship
having to look at these satellite dishes. The bottom line is that the reason the Board
of Zoning Appeals meets is to grant variances to the Code. Their job is not to go by
what the Code states. Mayor Pro Tem Matson is content that the applicant has
proven a hardship exists.
Vice Mayor Bradley feels it would be a hardship for a person buying a $50,000 home
to have to look at these dishes. He sees this as a hardship on the developer, and he
will support the variance request.
Commissioner Jaskiewicz does not feel a 10' wall will have a negative effect on the
public. Furthermore, she would prefer to see a 10' wall on Congress Avenue rather
than looking at the satellite dish on the ITV property. It is a horrendous site.
Mayor Pro Tem Matson feels the 10' waif will be an enhancement to this property.
Mayor Taylor agreed with the remarks that were made by the other Commissioners.
The motion carried unanimously.
5
MINUTES
PLANNING AND DEVELOP:\IENT BOARD
BOY~TON BEACH. FLORIDA
'-
FEBRUARY 13. 1996
5. CO'I~Il~ICATIONS A..'iD A~'NOL'NCEMENTS
A. Report from the Planning and Zoning Departmel!lt
(1) Final disposition of last month's agenda items
Ms. Heyden reponed on the following:
Islet~Hunters Run Site Plan Approval - The Board recommended approval. subject to
deletion of three comments. The City Commission concurred with the Board I s
recommendation.
Romano's Macaroni Grill - The Board recommended approval, subject to all staff comments
and working out some elevation changes. That entailed not accepting the shared parking
study. At the City Commission. meeting, the applicant proposed a plan to add the parking
spaces that they were short. Those parking spaces are going to be added to the rear of the
shopping center. Therefore, that negated the need for the shared parking study. With respect
to the elevation changes. the applicant and staff were able to work out the color of the
building. and also the color of the awnings. However, they could not reach an agreement on
eliminating the stone. The City Commission agreed to allow the stone.
Whipowill Arms Time Extension - The City Commission approved this, subject to all staff
comments.
8. COMMENTS BY MEMBERS
Chairman Dube suggested that Ms. Heyden look at the red color OD Hops in the daylight.
Chairman Dube advised that former Commissioner Rosen commenred to him after the last
Board meeting about the lights at the Amoco station. Ms. Heyden agreed that the lights under
the canopy are blinding. She advised that there is a minimum amount of foot candles required.
but there is no maximum. However, they cannot produce glare. Mr. Rosenstock suggested
that the Code be revised to include a maximum. Ms. Heyden will pass this information on to
the City Engineering Department.
Chairman Dube reminded the members of the Board whose terms expires this April to
resubmit an application if they desire to continue to serve on the Board.
23
MINUTES
CITY COMMISSION MEETI~G
BOY~TON BEACH, FLORIDA
JANUARY 16, 1996
City Manager Parker clarified that when a COLA adjustment is made. the entire pay range is
adjusted. including the minimums and maximums. Therefore. employees at the old maximums
will go to their new maximum. giving them an increase. In response to a question from
Commissioner Jaskiewicz. City Manager Parker stated that we did not recommend a COLA
adjustment for this contract. Vice Mayor Bradley pointed out that we have done so in the past
and we will in the future. He stated that when he sees an ad in the newspaper for a salary
range of $40.000 to $60.000. he thinks that when he gets to the top. he will be making
560.000. If there is a COLA on top of that. that is icing on the cake.
Motion
Commissioner Rosen moved that there be no pay plan cap through September 30. 1996.
In response to a question from Commissioner Jaskiewicz. Sgt. Kuss advised that this will only
affect two lieutenants this contract year. Both of those lieutenants are in their 23rd year.
The motion died for lack of a second.
:\Iotion
Mayor Pro Tern Matson moved to approve no pay plan cap for the run of this contract, which
is September 30. 1997. Commissioner Jaskiewicz seconded the motion, which carried 3-2.
Mayor Taylor and Vice Mayor Bradley cast the dissenting votes.
Motion
Since a 2 percent COLA was not granted, Mayor Pro Tern Matson moved to leave in the
additional eight hours of non-accrued leave per officer during the next contract year.
Commissioner Rosen seconded the motion, which carried 5-0.
Mayor Taylor declared a recess at 8:47 p.m.. The meeting resumed at 9:00 p.m.
VIII. DEVELOPMENT PLANS
A.
Project Name:
Agent:
Applicant:
Isles of Hunters Run
Kieran J. Kilday. Kilday & Associates. Inc.
Home Development Corporation
27
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JANUARY 16, 1996
Location:
West side of Congress Avenue. approximately 500 feet
north of Summit Drive
Request for site plan approval for common area
landscaping. decorative wall. project signage and a
guardhouse in connection with development of 56 zero lot
line. single-family detached dwelling units.
Description:
Mr. Kilday agreed to all the conditions in staff's report. He advised that the plan was
amended to move the trees outside of the area to address the Utility Department's concern.
Tambri Heyden. Planning and Zoning Director. asked if Mr. Kilday is agreeing to the original
wording in comment number 2. Mr. Kilday answered affirmatively.
Motion
Vice Mayor Bradley moved approval of the Isles of Hunters Run site plan, subject to all staff
comments, Commissioner Jaskiewicz seconded the motion, which carried 5-0.
Ms. Heyden clarified that this includes the revisions to comment numbers 7 and 23. but not to
number 2.
B.
Project Name:
Agent:
Applicant:
Location:
Description:
Romano's Macaroni Grill at the Catalina Centre
Roscoe L. Biby, P.E. c/o Kimley-Horn and Associates
Kevin Connell, Brinker International
1501 Congress Avenue
Request to amend the previously approved site plan to
alter the exterior of the outparcel building (formerly
Marie Calendar's restaurant) at the Catalina Centre Plat
No.1, increase seating from 205 to 248 and revise the
shared parking study for a new restaurant.
The site plan and elevations were displayed during these presentations.
Barbara Hall. an attorney with Greenberg Traurig, represented Mutual New York, the owner
of the Catalina Centre. and Brinker International, the owner and operator of the Macaroni
Grill ,
28
,
r
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 9, 1996
code is structured to allow easements as part of the lot size. Therefore, in reality, a lot of the
lot sizes have not increased. The biggest change was the reduction in the number of lots and
the increase in some of the setbacks around the perimeter, which is in keeping with what this
board and the homeowners wanted.
Ms. Heyden explained that since me Land Development Regulations were changed, revised
plans are not sent back to the Planning and Development Board unless the Commission decides
to remand them back to this board. At Mr. Wische's request, she will convey this board's
concerns to the City Commission.
In response to Mr. Beasley's questions about the preserve area, Ms. Heyden said the entire
preservation area has become easements on private lots. Vice Chainnan Golden felt that when
people own property, they take the attitude that it is their property and they want to do what
they want to do with it. In Ms. Heyden's opinion, it does not even qualify for an easement
because an easement is an encumbrance on a piece of property. It does not take away all your
rights for the use of that property, whereas a preservation easement would.
6. OLD BUSINESS
None.
7. NEW BUSINESS
A. Site Plans
New Site Plan
(1)
Project Name:
Agent:
Isles of Bunten Run
Kieran I. Kilday
Kilday and Associates, Inc.
Home Development Corporation
West side of Congress Avenue, approximately 500
feet nonh of Summit Drive
Request for site plan approval for common area
landscaping, decorative wall, project signage and a
guardhouse in connection with development of S6
Applicant:
Location:
Description:
4
,
.
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 9, 1996
zero lot line, single-family detached dwelling
units.
Mr. Haag advised that the Planning and Zoning Departtnent recommended approval of this site
plan request, subject to the comments included in Exhibit C. The deficiencies identified in this
exhibit shall be corrected on the set of plans submitted for building permit.
Mr. Kilday displayed an aerial showing the location of this land. He said this is a commercial
parcel of land located at the front of Hunters Run, fronting on Congress Avenue just north of
the main entrance of Hunters Run. It was in litigation with the City for a number of years for
its right to develop as a commercial retail facility. However, after settling the litigation, the
owner entered into a contract with Mr. Kilday's client to develop single-family residential
homes on the site.
Mr. Kilday displayed and reviewed the proposed site plan. The existing lake area is going to
be enlarged to wrap around and provide a substantial buffer between Congress A venue and the
units, and to provide as many lake front units as possible.
Mr. Kilday reviewed comment numbers 2, 7, and 23 of Exhibit C. These were the only
conditions he had a problem with. Comment 2 requests that the trees be shifted out of the
easement area. Mr. Kilday said he has accommodated that to every extent possible, with the
exception of one area located at the north 250 feet of the project. He agreed to the condition
to not plant any trees in the easement. However, some of the trees are probably going to
overhang the easement. The easement is an underground utility easement, and it is unlikely
that utilities would have to get to it. The last sentence in.comment number 2 requires the
applicant to relocate those trees. Mr. Kilday said a wall will be put in along the road, as well
as a heavy landscape area. The lake area is beyond that. He pointed out that according to the
code, the Utility Department has the right to remove trees that are within an easement. He
asked that it be made clear that as long as we keep the trees outside the easement, they can be
adjacent to the easement.
Mr. Beasley asked if the trees already exist. Mr. Kilday advised that the trees that he is
talking about a~e trees that will be planted, and the Ficus will be removed.
Comment 7 states that sidewalks are required on both sides of all local and collector streets.
Mr. Kilday stated that the intent is to provide sidewalks on both sides of the streets in front of
all the lots through this whole area (he pointed to an area on the site plan) up to the point on
s
""=-~~----^""""",-""","--,~-..,-".._--.. --
J
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 9, 1996
the "T". At this point. he requested that it be switched to an eight foot walkway on one side
to come down the side of the entrance road. He stated that in this panicular area, there are no
units that would be opening up to it, and it provides a better landscape entry feature and a
better look. From this point forward, a taper to a five foot sidewalk will be extended, which
will tie into the Hunters Run sidewalk. He requested that provision be made that the area
which does not abut the front of lots be an eight foot walk on one side of the street. He stated
that this board has the right to recommend that the City Commission grant a waiver.
Mr. Wische asked if there are any homes to the right of it. Mr. Kilday stated that the walk
will come along the side of one of the homes.
Chairman Dube asked if this would require a variance. Mr. Kilday read the following from
the code:
A required sidewalk may be waived by the Technical Review Committee in platted or
unplatted subdivisions when it is determined that adequate pedestrian circulation is
provided by bicycle/pedestrian paths.
Comment 23 regards the location of a handicapped parking space. Mr. Kilday wanted to add
the following to that comment:
Staff has indicated that if the security system is part of the overall Hunters Run security
staff, which has its own separate parking lot, we would not have to provide the space
here and would be able to make use of this space in the existing staff parking lot, which
is around the comer from us. .
Mr. Haag said if the City Attorney has agreed that this panicular development is pan of the
Hunters Run Association, then he would have no objection to omitting that comment.
Mr. Rosenstock stated that the Board of Governors of Hunters Run Golf and Racquet Club
and the property owners association, which are two separate corporations, have passed
resolutions saying that upon the development, approval, etc., and acquiring of the site by the
developer. it would be accepted as pan of Hunters Run Golf and Racquet Club. Mr. Kilday
agreed to provi~e documentation to the City Attorney.
6
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 9, 1996
Motion
Mr. Wische moved to accept the Hunters Run application for Isles of Hunters Run, subject to
the staff comments. Mr. Kilday's concerns regarding comments 2, 7, and 23 will have to be
worked out with staff. Mr. Golden seconded me motion, which carried 7-0.
Mr. Kilday asked for clarification on comment number 2. He asked if the trees ~an be planted
next to the easement. Chairman Dube advised that the board has no objection to this;
however, it has to be approved by the Utility Department.
Major Site Plan Modification
(2)
Project Name:
Romano's Macaroni Grill at the Catalina
Centre
Roscoe L. Biby, P.E.
clo Kimley-Hom and Associates
Kevin Connell, Brinker International
1501 Congress Avenue
Request to amend the previously approved site
plan to alter the exterior of the outparcel building
(formerly Marie Calendar's restaurant) at the
Catalina Centre Plat No. i, increase seating from
205 to 248 and revise the shared parking study for
a new restaurant.
Agent:
Applicant:
Location:
Description:
Chairman Dube stated that the only real controversy seems to be the shared parking.
Mr. DeCarlo stated that the Catalina Centre Shopping Center, the Holiday Inn, the subject
restaurant, and the future unbuilt 75,000 square foot office complex building to be located
immediately west of the Holiday Inn were approved under a shared parking agreement and
cross access agreements. The shared parking study for the center has been revised many times
in the past as part of the development of the propeny and changes in the building occupants.
With the exception of the future office building previously mentioned, the property is pretty
well built out.. The shared parking study was last revised in 1994 to allow conversion of the
former Flagler Bank building within the center to a Boston Chicken Restaurant. The shared
parking study approved at that time indicated that the peak parking demand for the overall
center was 8:00 p.m. weekdays, and provided the required 10 percent buffer. The study used
7
J
JAN-02-' 96 TLE: 16: 44 ID:
TEL NO:
t:*222 P01
"
Kilday . ~..oclat..
Lcndscape Architects/Planners
1551 Forum Ploce
Suite 1 aOA
West Palm Beach, Florida 33401
(407) 689-5522 · Fox:( 407) 689-2592
.~
FAX TRANSMISSION
M,i<~ /J~
FAX NUMBER: 1::.75' - ~7 0
DATE: ~
FROM: 5.v-l;oIt-
TO:
==
SPECIAL INSTRUCTIONS: ...
....
_ FP:I. COpy WILL BE ORIGINAL DOCUMENT
ORIGINAL DOCUJfNT TO FOLLOW IN MAIL
NUMBER OF PAGES: (INCLUDING THE COVER SHEET)
CUENT NAME~
PROJECT NUMBER: ~J. ...,. e:..
..'_...._,~._.. ~ ,. ... ...'.......- ,.-----...,-,.
o.te:
From:
KRdIIy ... Awv "'1$4.
\.eft.... .....hItBtaJ P1al\MI'I
1&61 Forum PIIl:lO
Sui" ,OOA
Wilt ,"'" '.n flarldB Dlcn
14011 &-&&22 . FIX: 10407) .. _2
MEMORANDUM
January S, 1906
C-.
Lindsey A. walter, Jon Schmidt; Kilday & Associates ~~
Extended Page 1. 1
To: City of Boynt"aeech, Plaming and Development [ rd
"
Subject:
Islea at Hunters Run PUD
Site PI., Approval- NWSP 95-010
Our File No.: 1247.2
The Petitioner requests that the folloWing COmments be either amendecl or deleted ..
indicated below. prior to the City Planning and Development Board acting on thiS project.
The propoRIKi d'lange8 are al follows:
Planning and Zoning Department Memorandum No. "..003
C~nditlon No 2:
"No trees or oVQrhang of large trees 81li permitted within utilities easements.
Although $Ome portions of the landecape berm along congress Avenue has been
shifted, the northern section still encroaches on the existing utilities easement which
contains a 3611 diameter sewage force main. One or two trees along the northern
property line must also be deleted or relocated,1I (Section 7.5-16,1)
ResponDe:
The applicant is asking for Condition Ne, 2 to be deleted. The applicant
understands that trees which interfere With utility services may be removed wihtout
permit. Ninety percent (90%) of the trees have been relocated to comply with
Utilities Department's request for additional separation between existing utilities and
proposed troeo wherever poeelblG. Due to area constraints near the northem
property line, we art' requesting reliaf elQ('lQ this 250 foot 8rGa. The buffer's purpole
is for physical and VIsual separation of COngress Avenue. Tho proposed trees are
a.Jrrently not planted within the easement. By not allowing planting of these trees
along the buffer, inadequate screening of Congress Avenue, 8S well as buffering for
residents of Hunte"'s Run, cannot be 88tsblished.
JRN-02-'96 TUE 15:46 ID:
TEL NO:
**222 P02
Memorandum
January 9, 1996
Page - 2 -
Condition NO.7:
I'SldewalkS are required on both sidea of allloeal and collector streets, Chapter 6,
Article III. Section 11A, Page 6-8."
R91~nse;
This section of the Code requires sidewalKs to be constructed on bOth aides of en
local end collector streets. and on one side of marginal access streets In all areas.
Pursuant to Chapter 6. Article III, Section 11 A, Page 6--3, a required sidewalk may
be waivod by the Technical ReviQW Committee In platted or unplatted subdivision'
when it determines that adoquate pedestrian circulation Is provided by bicycle
pedeStrian paths.
The applicant Is proposing to construct an B foot wide sidewall<lblcycle petl"l from
within the PUD from the .T' intersection to the proposed guardhouse. This sidewalK
will be located on tho west side Of Westlake DrIve. The Ap~icant Is also proposing
to construct an 8 foot wide sid.....,alklblke path from the guardhouse with a taper to
five feet in width to Summit Drivo. The applicant ia proposing one eldewalklbike
path on one side of Westlake Drivo far the following roeaona:
Q, The subject PUD contains only 56 detached single family units. One 8 foot wide
sidewalk/bike path it adequate to aceommodat& the proposed pu~ out to
Summit Drive. Typiooliy, G four (4) foot wide path is required by the code,
hoWever, the applicant will place a larger size path on only one side of the road.
b. The applicant will connect the proposed sidewalk and bike path off sIte to an
existing path located within the Hunters Run PUD approximately 1,200 feet to
the we.t of this project.
c. The control, Jurl5dlctlcn and maintenance obligation of the propoMd
bicycle/pedestrian path (not located within the publIc rlght-af-w-ay) shall be
maintained by the property owners' asSOCiation for this project. The
bicycle/pedestrian path will be constructed concurrently with other required
Improvements,
Condition No. 23:
"Show and dim9nsion on Sheet 0-1 the locWlon of the handicap adaptable parking
space required for the guard house, or provido written verification from the
Department of Community Affaire stating that they accept the handicap parking
JRt+-02:-' 96 TLE 16: 46 ID:
TEL NO:
1:*222 P03
Memorandum
January 9. ,9ge
Page - 3 -
space for the Isles at Hunters Run to be located off..site on the adjacent prop.ny."
Response:
s. Handicap adaptable parking space will be accctz5t'ible for the proposed
guardhouse within the Hunters Run PUD, specifically. at the main guardhouse
entrance.
S:NT BY: . 1-12-96 9:25AM Boynton Bch tax....
~ ,) ;~ (.
4/ ,
'.....,.; .~- /
C. ~--- ,..-t":-.~;7
!fli >, / ~
'..'
PLnmING AND ZONING DEPARTMENT Iii,
MEMORANDUM NO. 96-017
Agenda Memorandum for
I I r January,' 16, 1995 City commission Meeting
-.p'-
Carrie '.
'1'0: Parker
City Manager
FlteM. Tambri J, ReYderrJJg~'
Planning and Zonf Director
-JI;' .inr, 'i
DATIl January 11, 1996 \: 'il'
SUBJECT I Isleat~p"mterS 'Run
t CF:i:le Nd " NWSP x95 - 010) "'j --
Site plan ~=: ,- tl ,
New
"'"
n,
Please place the above-referenced request underDevelopment Plans
for the January 16, 1995 City Com~i8sion agenda.
I'JI
DESCRIPTION: The above reques~ for Isles at Hunters Run has been
submitted by Kilday & Associates, =~c., agent for Home Development
corporation. Isles at Hunters Rutl. is to be 'ia. 56 uni t" 1 sil1gle
family dwelling project located at the west side of Congress
Avenue, approximately 500 feet north of su~mit Drive. Site plan
approval isrequeSited fo~ the common a'l:.-ea improvements that include
landscaping in open space tracts - a.ndv, a'round lakes, a site wal~"
along Congress Avenue and approximately 66% of the north property
line starting at ~he Congress Avenue corrter, projeqt signag~ and a
215 square foot g~a17dhouf3e building \ ' Nt.~ "
I . .
RECOMMENDATION: The Planning Cind
unanimous vote, recommended approval
staff commJ~mts in Exhibit ItCII, with
C01'l".ment 2, 7 and 23-:' ...
'I,::.."
.W
AU'
. III .
Development Board, with
of this request, subject
the following revisions
a
to
to
2. No trees are permitted within utility easements, however
overhang of large trees will be permitted, rather than
prohibited, within utility easements.
'lliJf .
7. Sidewalks are required on both sides of all local an~
collector streets, unless a sidewalk waiver is requested
II,~ and granted by the 'Techr;,icalReview Committee. JJ
23. A handicap space located at the guardhouse is required
unless verification is provided that the Isles at Hu~ter
Run isa part of the Hunters Run pun master property
owners' association.
, J " ,':' '
Staff accepts the revisions to comment 7 and 23 I however the IV
utilities department strongly cbjects to allowing the large trees
proposed to overhang into the utility easement chat enve~ops a main
utility trunk system along Congress Avenue.
TJH:'ffim
'..l
, Ii
xc: Central Fi~e
.. : CCAg c1rnem, ill
Post-i~~ Fax Note
Date
." I ,d\'h
'i
\:
- "
__l"_'L- 2-96 TUE
15=25 HUNTERS RUN
P _ 121 2
This document prepared by and r.tur~ to.
GMY A. KORN, ESQ.
BEDZOW. KORN {, !<AN, P.A.
Suita 200
20803 BiBe.yoa Boulevard
Aventura, Florida 33180
Mai1in8 Ad4re...
P.O. 80x 8020
Hallandale, Florida 33008-8020
Phone. (305) 935-6888 (Dade)
(305) 523-6001 (Broward)
Pax :~o, (305) 93'-9502
PROPERTY INCLUSION AGREEMENT BETWEEN HOME DEVELOPMENT
OF HUNTERS RUN LTD., A FLORIDA LIMITED PARTNERSHIP
AND
HUNTERS RUN PROPERTY OWNERS ASSOCIATION. INC.
APPEARED this L day of June, 1996, HUNTERS RUN PROPERTY OWNERS ASSOCIATION,
INC., a Florida not-for-profit corporation ("Association") and HOME DEVELOPMENT OF HUNTERS RUN
LTD., a Plorida Limited Partnership ("HDC"), and entered into this Property Inclusion Agreement
("Agreement").
WIT N E SSE T H:
WHEREAS, the Association is the entity responsible for maintaining and administering the property
known as Hunters Run ("Hunters Run"), located on Congress Avenue in Boynton Beach, Florida, and more
particularly described in Exhibit "A" attached hereto; and
WHEREAS, HDC is the owner of the property which abuts Hunters Run to the East. and has
heretofore been known as the "Commercial Tract", shall hereafter be known as The Isles at Hunters Run
("Isles") and is more particularly described in Exhibit "B" attached hereto; and
WHEKEAS, the parties des~re i:O include the Isles as part of Hlmters Run; and
WHEREAS, the parties intend that the Isles be subject to the provisions of the Declaration of
Covenams, Restrictions and Easements for Hunters Run and all exhibits thereto filed for record in Official
Records Book 3195, at Page 1107, of the Public Records of Palm Beach County, Florida (the "Declaration");
and
WHEREAS, the parties intend that the rights and obligations of Isles and of the Association regarding
the Isles and the property around the Isles, shall be governed by the Declaration, except where modified by
this Agreement;
NOW, THEREFORE, in consideration of the recitals set forth above, and other good and valuable
consideration, the parties hereby agree as follows:
1. The recitals set forth above are true and correct and shall be incorporated herein by reference.
2. The Isles shall be considered "Developed Property" as that term is defined in Article I, Section
l(g) of the Declaration, and shall be subject to the terms and conditions of the Declaration.
3. The Isles shall be developed as a residential community comprised of 56 single family residential
dwelling units. The Isles shall also be subject to either a Declarntion of Condominium or a Declar..tion of
Covenants and Restrictions, which shall be recorded prior to the closing of the first residential dwelling unit
within the Isles.
4. HDC shall be responsible for the construction of a 6' high concrete perimeter wall along the
north and east boundary of the Property, to be constructed on top of a to be built 6' high berm. The berm and
wall shall be constructed in a manner consistent with the appearance of Hunters Run, as reasonably determined
by the Association. The Owner(s) of the Isles shall be responsible for the maintenance and repair of said
perimeter wall and berm. Subsequent to the construction of the berm and wall, HDC shall instal11andscaping
OAIC. .,)19)OOOO\SJ91..\061.96
BtOZOW. KORN . ICAN. P,A., 20803 BISCAYNE BOULEVARD. SUITE 200, AVENTURA, FLORIDA 33180 . (305) 9315.11888
_JUL- 2-'96 TUE
15=26 HUNTERS RUN
P_0=-5-
outside the wall in a manner consistent with the appearance of Hunters Run. as reasonably determined by the
Association. The Association shall be responsible for the maintenance of the landscaping (including. but not
limited to, shrubs. trees, grass) and the irrigation of the areas outside of the perimeter wall.
5. The Owner(s) of the Isles shall be responsible for the maintenance and repair of any road(s)
within the Isles. The Association shall continue to maintain West Lake Drive.
6. HOC shall construct a golfcart and walkway path from the Isles connecting to the existing
golfcart and walkway path in a configuration as shown on Exhibit "C" attached hereto. HDC and the
Association shall execute cross easements allowing for access to and from the Isles and the other portions of
Hunters Run over the golfcart and walkway path.
7. The Association shall provide security patrols within the Isles similar to patrols provided
elsewhere within Hunters Run.
8. HDC shall construct a guardhouse for the housing of one security guard. which structure shall
include. but not be limited to, electrical, heating and cooting services, electronic and scanning equipment
necessary for the performance of the guard's normal duties, security equipment compatible with existing
Association security equipment, toilets and plumbing facilities necessary to house at least one security guard.
Upon an issuance of a Certificate of Occupancy for the guardhouse, and the closing of the sale of at least one
single family home within the Isles, to a purchaser other than HDC or another builder, the Association shall
bear the expense of one security guard in the guardhouse, for 16 hours per day, 7 days per week. If on March
I, 1998. there are less than ten (10) completed residential dwelling units (which shall mean a Certificate of
Occupancy has been issued) that are sold to third party purchasers other than builders. then the Association
shall no longer be responsible for the expenses of a security guard. If that shall occur, then the Association
will commence paying the expense of the security guard, only after the 28th dwelling unit is completed. sold
and closed to a third party purchaser.
9. HDC shall provide a home alarm system within each single family home constructed within the
Isles. to enable each home to be hooked up to electronic monitoring services of the homeowner's choice. HDC
shall also install a perimeter alarm system around the perimeter of the Isles.
10. With regard to covenants for assessments, notwithstanding the provisions of Article VI of the
Declaration, effective March I, 1996, HOC shall be responsible for regular Association assessments as follows:
a. On any lot that has not been sold and closed to a thirty party purchaser, HDC shall pay
$30.00 per month per lot. Payment on these lots shall accrue from March 1, 1996, until the first
residential dwelling unit within the Isles is sold and closed to a third party purchaser, at which time,
all accrued and unpaid assessments for all lots within the Isles, shall be due and owing to the
Association. Thereafter, assessments on such lots shall be paid monthly, on the first day of the month.
b. On any lot that has been sold and closed to a third party purchaser, said owner shall pay
the regular Association assessment. plus $25.00 per month per lot. If and when the Association
assessment increases beyond its March I, 1996 amount. then, at such time, the $25.00 additional
assessment shall proportionately be increased. By way of example. if the monthly assessment increases
from $200.00 on March I, 1996 to $300.00 on March 1. 1997, then beginning on March I, 1997, the
$25.00 amount shall increase to $37.50.
c. If more than two or more lots are (:.ombined to form one lot, such lot shall owe
assessments on each lot prior to being combined.
11. Lot Owners within the Isles shall be eligible to join the Hunters Run Golf and Racquet Club.
upon payment of the required Equity Membership fees and dues to the Hunters Run Golf and Racquet Club.
-2-
OAK 1\3193,ClfJOC1\$4914\06II96
RIDU)W. KOlIN . ~ P.A.. aoeo3 _YIE ____. SUITE ZOO. A~ ~ 331180 . C306IIt3~
JUL- 2-96 TUE 15:28 HUNTERS RUN
P _ 0.:1-
12. The rights and obligations of the Association and HDC as set forth herein shall run with the lands
known as Hunters Run and the Isles and described on Exhibits .. A" and .. B", and shall inure to. and be binding
upon, the successors and assigns of each party to this Agreement.
13. The lake within the Isles, will be connected to the other lakes within Hunters Run and shall be
operated and maintained by the Association. in a manner similar to the operation and maintenance by the
Association of the other lakes within Hunters Run.
IN WITNESS WHEREOF, the parties have set their hand and seal Lite date first above written.
WITNESSES:
HUNTERS RUN PROPERTY OWNERS
ASSOCIATION, INC., a Florida not-for-profit
corporation
By:
I{J,{~
President
Print Name:-=t. c;~i$<--l- \\ \ ,'\(7 I' I
~~~~~
_I ~~
Print Name;~I(k'lj 13uctLuv
~---~
C ~i~~~:~ A IC:{~
14ft/c-d~~ 9. ~~~
Print Name:.hL~~~ /1. ~vfrl"'-uu
Secretary
~)oC'J ~Lu.\.~.,,",~ L,..v<l:..
~ ~_ "" 1.. IW. L. -=Fl. ~& ~S'"
HOME DEVELOPMENT OF HUNTERS RUN
LTD., a Florida Limited Partnership
By: HOME'DEVELOPMENT CORP.
OF SOUTH FLORIDA I, a Florida
corporation. its ral Partner,
By:
Address:
3581 N.W. 61st Circle
Boca Raton, Florida 33496
STATE OF FLORIDA )
) S5:
COUNTY OF ()1J/,~J~4-';'1... )
-:roily
The execution of the foregoing instrument was acknowledged before me this ~ day of Nile, 1996. by
----1!1 II tv f.../l e d ..,u /h It d, and -reA,v J/ ~ (11 e +A , the President and
Secretary, respectively, of HUNTER3 RUN PROPERTY OWNERS ASSOCIATION, INC.. a Florida not-for-
profit corporation, who are personally known to me and who d~ot take an oath.
My Commission Ex ires: /k~~( -==--
....""!al~ RUSSELL c. EDELSTEIN State of Florida at Large
~'f"] .~ MY COMMISSION' co 4OO8OS
j EXPIIlES: DecemIIIr 18. 1188 n /' I C ,--:- I I -r. ,
lIandId lbnI NolIrY NIllc ~ Print Name:-.-J { \. S 5 e I . t.:: <.::I.e .5 I e I rv
-3-
OUtUM .OOOO\:S49 1"'061 "0
IEOZOW. XOIW . IUUII. P..A... 20803 IItSCAYNE IIOUUVARD. sunE 200. AYI'II1URA. ~ 33180 . (3061 936-68R11
~J'-..IL- :2-96 TLIE
15=30 HUNTERS RUN
po _ (2) 5
STATE OF FLORIDA
)
) SS:
)
COUNTY OF DADE
The execution of the foregoing instrument was acknowledged before me this ~ day of June. 1996, by
ANDREW STEINBERG, President of HOME DEVELOPMENT CORP. OF SOUTH FLORIDA I. a Florida
corporation, the General Partner of HOME DEVELOPMENT OF HUNTERS RUN LTD.. a Florida Limited
Partnership, who is personally known to me and who did not take an oath.
My Commission Expires:
~
Print Name:
~~~r;-lfOTA"Y "AI.
o ~ GARY A KORN
~ ~~~ ~JI ~ COMMISSION NUMBER
... ~~ <C CC216068
~<" <f? MY COMMISSION expo
OF ,\.0 .JULY 22 1996
-4-
GAK 1\:\'M.(JI(IO(P"mI4\OM 196
IllEDZOW. .~ . 1lAN. P.A.. 20803.-cAYM: ~ARD. &UITE zoo. ,,~...- u,ea . 1306) e:!rHl888
_.T ,_, L --
2-96
TUE
15:31
HIJ"'~TERS F.:IJN
F" _ c:..; 16".>
EXHmIT "A"
Legal Description
ALL THOSE CERTAIN parcels of land which are the subject of that certain
"Summit Plat No. I" recorded in Plat Book 36, pages 48 et seq., Public Records.
Palm Beach County. Florida and "Summit Plat No.2" recorded in Plat Book 37,
pages 114 et seq.. Public Records, Palm Beach County. Florida.
GMC1Il'I'J).0000\61911\061196
8EDZOW. kORN . IlAN. P.A.. 20803 81SCAVNE BOULEVARD. SUITE 200. AVENTUAA. FLORIDA 33180 - (3061836-8888
_I '_I L -- :2.- <3 6 T U E 1 5 = 2'> 1 H LI t~ T E R '=- R LI t-~
po _ (37'
EXHmIT "B"
Legal Description
A parcel of land lying in Section 6, Township 46 South, Range 43 East, Palm Beach County,
Florida and being more particularly described as follows:
Commencing at the northeast comer of said Section 6; thence, South 00000'08"
East, along the East line of Section 6, a distance of 2263.81 feet; thence, South
90000'00" West, departing said East line, a distance of 60.00 feet to the
intersection thereof with the West right-of-way line of Congress Avenue for a
Point of Beginning;
Thence, South 00000'08" East, along the West right-of-way line
of said Congress Avenue, a distance of 757.68 feet; thence, South
00000'09" West, continuing along said West right-of-way line, a
distance of 1041.10 feet to the intersection thereof with the
boundary line of Summit Plat No.1. according to the Plat thereof,
as recorded in Plat Book 36, Page 48, Public Records, Palm Beach
County, Florida; thence, South 90000'00" West, along the
boundary of said Plat of Summit Plat No.1, a distance of 743.07
feet; thence, North 00000'00" East, continuing along said plat
boundary, a distance of 1687.50 feet; thence, North 90000'00"
East, departing said plat boundary, a distance of 380.00 feet;
thence, North 00000'00" East, a distance of 111.28 feet; thence,
North 90000'00" East. a distance of 363.09 feet to the Point of
Beginning.
OAk"IJJj..IJOUO\~OOIII6
_T I_I L --
2-96
TUE
15:32
HUNTERS
RUN
P _ (21 8
BEDZOW/KORN
Jun 27'96
BEDZOWf KORN & KAN, P. A.
^TTORNEYS A1' LAW
Sl.IlTI! 100
:10803 DISC A YNB DO\.JLE'" ARP
....VENTUIlA. FL01l1DA 33180
T81-Bt'ltOl'lli (105) 9)5.68K8
Q.1!1'1.. \' TO.
p.O. BOX /1010
H"LI.^l'l\)...L1~. l'LOlUO^ :lJCll'
TEL:932-6043
16:35 No.033 P.01
~
MICHAEL BeDz,oW
GAAY A. 1CD"1oI
QI'JlY ..... B1l0W'N
JlJCHAJ't> C. WOLl-!,
1'....\11. 11.. Vt"lcnlo
O6O\!.OI> ,.., MINS!(\
ALJd'l D, SCIINl!IOt'Jl
PA""OC. J"c.o9~N
H!J'IM\1'BlI. \.Il"''''
NEAJ,. I. SKJ,..i\"
MICHI:UJ! A. MA\lActl'l'
t'U.>........."...Q 1.. OON:U-LIn
IJJfI [UNl8lNGfAl
(",,,nW"f<P) (9~.) S21.MlOl
Exh;h;/-- c...
Tt::I.l!.CU",e~;
MAlH ()U'l 936-9501
lU'.AI. &<<ATI:. (305) 931-6041
Lr\'lO^"\10Jol (30:;) 93(1.2195
~ --.
AI.AN J. ~N
(1947 I~I
....Stf COUJoISn,
MARCY S. llasNtK
June 27, 1996
Yia..btiimUe ~61/994-4-4i2
Ste....en L. Daniels, Esq.
301 Yamato Road, Suite 4150
}Joca Raton. FL 33431
Re: Agreement between Home Development of Hunters Run Ltd., a
Florida Limited Partnership and Hunters Run Property Owners
A.ssociation, Inc.. a Florida not-tor-profit corporation
Dear Steve:
Our client, Hoane Development of Hunters Run Ltd.. a Florida Limited Partnership, the
Developer of The Isles at Hunter Run, will construct a 6' wide asphalt cart path. This path will
begin at the proposed Guard Tower along the West side of Westlake Drive going South to
Summit Drive. At summit Drive. the cart path bends to the West and continues along the
Northern boundary of Summit Drive connecting into the existing Hunters Run cart path just to
the east of the Village of East Gate.
Our client will also be erecting a monument sign at the western corner of Summit Drive
and Westlake Ddve.
'thank you for your continued assistance.
GAKlrsp
cc: Mr. Oreg Smith (Fax No. 407/7344681)
Mr _ Andrew Steinberg
OiAtC.I\J.cxa:.J"MU741\lVtI1t'O
ENGINEERING MEMO #96-037
lOOn rn@ rn ~ w rn rn!
u . ! II
. · .lf1.N l 1!9S5 1 , !
I
j
j
J
PLANNING AND
ZONING DEPT.
DATE: January 30, 1996
TO: BILL CAVANAUGH, FIRE PREVo OFF.
ROBERT EICHORST, P. W. DIR.
SGT. MARLON HARRIS, P.D.
T AMBRI HEYDEN, PLAN. & ZONING DI *
SKIP MILOR, UTIL. CHIEF FIELD INSP.*
AL NEWBOLD, DEPUTY BLDG. OFF.
JOHN WILDNER, PARKS SUPER. & KEVIN H LIHAN, FORESTER
FROM: KEN HALL, ENG. PLANS CHECK/INSPECTOR -6283 ~
SUBJECT: T.R.C. REVIEW/SIGN-OFF - ISLES OF HUN R'S RUN _ PLAT AND
REQUIRED IMPROVEMENTS.
THE SUBJECT PLAT AND REQUIRED IMPROVEMENTS VE BEEN REVISED TO
ADDRESS YOUR COMMENTS. IF YOU HAD NO COMME4' T, OR IF YOUR COMMENTS
HA VE BEEN SATISFIED, PL.EASE SIGN OFF ON THE ST ~ED SET OF PLANS
LOCA TED IN THE ENGINEERING DIVISION. IF THERE ARE STILL ITEMS
REQUIRING PLAN REVISIONS, PLEASE PROVIDE US ITH YOUR CONCERNS.
IN EITHER CASE, PLEASE RESPOND BY FEBRUARY TH. THANKS.
KRHlkrh
< l ~ ,
'" . ~ /I / t.( Ii (1 "1.
./ ~, J;!
IJ. ~I. I~/
\L~' rl/' tl1) .~
\) . 11' .J:fi '.' Iv'"
y ~iUtJ J/J> \'.)~"
~ J;r
~ ~
c: William HukilL Dev, Dir.
-
isles of HR
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-124
TO:
William Hukill
City Engineer
Tambri J. HeYden~
Planning and ZOning~ector
Michael E. Haa~
Current PlanningrE9ordinator
March 8, 1996
THRU:
FROM:
DATE:
SUBJECT:
Isles at Hunters Run - Review of plat documents
File No. PLAT 95-010
Please be advised of the following comments regarding the second
review of the above-referenced request:
1.
6Nb.
The master plan shall receive unconditional sign-off by.~
x.e..chn~Revicw COInmittcc -member~.
2. Modify the paving and drainage plans and, where applicable,
the water & sewer plans and plat drawings to show a
handicapped adaptable parking space at the guardhouse
/
~. ovide legal verification that the proposed Tract "A" of
. sles at Hunters Run is tied to Tract "X" of Summit Plat No.
, 1 (P.B. 36,pgs. 48-51) and further verify that there is at
"t ,~. . least one (1) surplus parking space located' at the existing
\)1/ A i/ gate house site (located in Tract "X") to accommodate the
~ J~/ parking need for the new gate house.
vA 0~ / It is recommended that Section 6 of Article VIII of the Home
r,~ K b" Owners Association (H.O.A.) documents be modified by omitting
\. V W ~ the text that identifies the specific setbacks approved for
~,,'J ^y~, the project. Insert language referencing the setbacks listed
a~y~'~ t, on the City approved master plan for Isles at Hunters Run,
~f' ~ which governs the location of the buildings, pools and screen
. ,\ ~ roof enclosures within the project and that other improvements
~ ~~'~Jj; not identified on the master plan shall follow the regulations
:.J "~~ ~J!.~ I of the City of Boynton Beach Code of Ordinances. It is
~, \ believed, stating in the H.O.A. documents that the setbacks
are established on the master plan rather than identifying the
setbacks in the document, will eliminate a conflict if the
setbacks are changed in the future.
or
~~. A recreation fee for 1.008 acres is required.
5. A resolution regarding the lack of landscaping in the
~ landscape easement along the south and west property lines,
~. L Whi,Ch is contrary to City Commission approval, is pending.
f#: "YUr~~ ~
) Lo~ d-1.ClN~ en-- ~ IA~I3I2/ ~ t4BD'/c. ~/"T? ~-v~ A/?-k
i MEH: dim (l.Q4/~, ,~ J-4~~. j / J J)/. ~ /
. - () :57iL.0 a...it-.srJIVDJA.Jl. ~/L -rJJ..f r ~ 0 (--
xc: Central File /1
a: PIa tIs Ie . 2 -cs- 45' 4- T #.-/I'.Jtt:Y2-S BU/lj , /ftI6 ~ e tV r
A,vtj &G If- fd; U>,kt) //I./OIC/)7e J1jdr
Q..oIJ1,m~1V rr oz r /I/lJ~ S- ;-J41./~- "stk./U
,/
0,41/112< ~ . :z S- 7Jks T/6V6?
/I(
J
~
{J,
"
'I/J
~
~
,
JUN. 5.1996 10:04AM KILDAY & ASSOCIATES
.
r'10.700 P. 1/6
Kllcllly ., AIIOCl.....
L8ndlc~ Architectsl Plannenl
1661 Forum PIece
Suite 100A
W..t P,lm e..ch, Florid. 33401
(4071 689-6522 . FIx: 14071 688-2592
MEMORANDUM
Date:
June 6,1996
':;l,s-.
Kieran J. Kilday
Carrie Parker: City Manager
Isles at Hunters Run Recreation Department
Project No.: 1247.2
From:
To:
Subject:
Attached please find my previous correspondence to you of February 26, 1996, regarding
the Isles at Hunters Run recreation requirement. Also attached you wIll find two memos
from John Wildner, one dated October 26, 1995 and the other dated October 31, 1995.
Both of the memos afe identical except for the total unit count used in calculations. In any
event, both of the memos concluded that there was no further recreation dedication
requirement.
Based upon my memory of the several meetings that we had on this project, these memos
are reflective of the issue as we discussed It. At the time of those meetings, we discussed
the fact that the Hunter Run master plan included the dedication of a thirty acre park site
to the City. At the time of that dedication, the master plan included many more units than
were actually constructed. While the City's records were unclear as to how many units
were totally approved, we do know that at one time 3,536 units were approved.
Subsequently, Hunters Run Planned Development built out at the much lesser density and
the 1989 Comprehensive Plan listed a total unit count of 1,650 units. We have contacted
the Hunters Run Condominium Association (see attachment) and found that the actual
build~out was 1,596 units.
However, utilizing the Slightly larger number of 1,683 units calculated in John Wildner's
memo of October 26, 1985, the total dedication requirement of 25,344 acres would result.
Our additional 56 units would require an additional dedication of 1.008 acres, making the
total dedication of requirement (without any credit for private recreation being 26.352
acres). And, in fact, we know that the actual dedication to the City was 30 acres. Based
upon these calculations, the park dedication met all requirements for Hunters Run Planned
.Unit Development, even including our additional 56 units, which is still well under the
original approved amount. Therefore, Mr, Wildner made the conclusion that no further
recreation dedication6 were required.
Our clientl Mr. Andrew Steinberg, is very close to finalizing financing on this project. This
matter has become an outstanding issue as it seems to neVer have had a finsl resolution.
--
DCEIVED
." 1M !:; f996
CITY MANAGEIfS OffeCt
JUf1. 5.1996 10:05Af'1 VILDA\' &: R3S0CIATE3
f'j(J. 700 P. 2/6
Memorandum
June 5, 1996
Page ~ 2 -
Please call me so that we can discuss the matter. J do distinctly remember that we
discussed these calculations in a meeting that was attended by you, Mr, Cherat, Mr.
Steinberg, myself and the Planning Staff. It was, in fact. my suggestion that we look at the
act'uaf build-out versus VVhat was approved to make a determination whether any recreation
was required. Everyone at that time was in agreement that we should investigate this
issue. As shown above, the investigation has bome out that the park dedication satisfies
the City's recreation requirement entirely through land dedication without the need for any
private recreation credit for any of the units in Hunters Run PUD.
Attachments
cc: Andrew Steinberg
Mike Haag; Planning and Zoning
William Hukill; City Engineer
John Wildner: Parks & Recreation
Tambri Heyden; Planning and Zoning Director
James Cherof, Esq.; City Attorney
JU~~. 5. 1996 10: 05AM
KILDA'{ 8.: A-::SOCIATES
riO. 700 F' . 3/6
'~
k' . ~.
'.....,
IeUd., It A........
Lendlcl pe Archltec;:t8/ P1tlnnerll
1651 Forum PIQce
Suite 100A
We5t Palm ee.ch, FlorIda 33401
14071 689.552,2 . FIx: (4071 689.2592
MEMORANDUM
Date:
February 26, 1996
From;
Kieran J. Kilday
To:
Ms. Carrie Parker, City Manager
City of Boynton Beach
Isles at Hunter's Run, Park Dedication and/or Recreation Fee Requirement
Our File No.; 1247,2
Subject:
Carrie, you and I have not discussed this matter in some time. However, the Isles ~t
Hunter's Run is rapidly approaching final plat approval and I am not sure whether this
matter ever got formally resolved. The last time you and I discussed the matter, we were
both still under the impression that the park dedication and/or payment of fees was an
outstanding item. When I mentioned this matter to my staff, I was told that they thought the
issue had been reeolved pursuant to the memo prepared by John Wildner on October 26,
1995 (attached), After reading this memo, I agree with them,
Based on this matter, I am going to proceed under the assumption that this matter has
been settled and there is no additional land dedication or recreational fees due to the City
of Boynton Beach as a result of the Isles at Hunter's Run approval, Should you disagree
with this conclusion, please let me know as we are trying to finalize this issue.
Attachment
KJ K1k'1j/dp8rker.2:22
JUt~. 5. 1996 . 10: 06RI"1
'~I.I'" Sy.' .,;.
J(;,111 . ,:;t
. .. ....I;~.
I'
I);:l~t
. ~:\,~',~'
f<ILDR'{ & RS:::OCIATES
NO. 700
F'.4/6
~';J8
" l f~' ,
. ) t...;;....-
.
., \ ~
. -..1 : ce,. Z:T'
L .,.....~. .....~
t1':.' :':':}~:~i:;'. _?'T
.....~ ..L - ",,-,~"""'t~.' -,~
....~
.,.....~,
........~...._"""""""'(r..
- ,-
RECRJiATION & PARK M.E:\IORA.J.'IDUM #95.498
TO:
Ta.m.bri Heyden. rl~iog & Zow~g DLrector
JOM WildneJ', Parks Super.:.ntendent )Jv.l
Chatle. C. l'rc<leriok, Director \:' j
Recrea.tion & P~k Department "-~
. I. ~
l~esofHuntetsRun
FROb!:
THROUGH:
RE:
DATE:
October 26, 1995
The Recreaticll a.lld Park Di!partmem h.:.s reviewed LlJe 2nd s'lbmitta1 of me lsks Df Hunter's Run
!oI..aster Plan. The followillg revised COlT'...m,eors are s'.:.orr.ined,
1. The origiD.a.l ipproved master plan for H-J!l t~rS Run tou.ls;
1,650 multi.family units
33 &iogle family 'Units
A. Blned OD ,01.3 acre5 x 1,650 l"!",:.:.ltl.farni\y units:: 24.75 acres
~
.Olil acres x 33 sing]e family ullits '= 594 acres
TCltal recre'!\Pon req~irl!m1e!lts = 25.3'44 acre!;
I, ~. (!,
.---
B. Allowing on<:-ob,:Jj credit for private recrea.tion t',....:>#"
25.344 divided by 2 ::; 12,672 acres
2. Ad~iDg S 6 single fatrJly homes for t!le Isl~s of Hunt~r's Run brings the total recreation
requirement to 56 S.F.H, X ,018 acres = 1.008 acres';' 12.672 acre = 13,68 acr,es,
3. Since ~unters ~un deveiopers dedic;ned 30 acres ofl~d to the Cii)' Ior ucreancD pu.rpOiies
(Congress Avec.ue Cor.nrn.\:1lity Park!, th~y have met '.be ttlten~ of o'.:.r recrea:i::lo. dedication
requirement and the J;sles of Hunters RUIl develop ers w01.4:d n:lt ba ve any fJ!'".cer recrea~io~
dedication requirCID(:nt.
.J\V': ad
".
r-"';yJI,u,~. ,~. 1:96
I'. . '.,:'
.. . ~.' '"1 .
i ~."j' "
{,:,.,i
. \' -(:)
U
I"
;1'
I~'
10; 05Af1
f<ILDA'( ['~ ASSOCIATES
NO. 700
F'.5/5
"-"
---
""'-
-"
TO:
Tambri Heyden. Plannillg 8& Zenina Diredor
John Wildnc:r, Parks SUPCritltend:tt
Charles C. Frederick, Director Q ~
Rccreatioo . Park DepllIUnc:ut ' ~
Isles of HaDter's RUD
FROM:
THROUGH:
HE:
DATE:
October 31, 1995
The Recreation and Park Department has reviewed the 2nd submittal of the Isles of Hunter's Run
Master Plan. The following revised comments are submitted:
1. The original approved master plan for Hunter's Run totals:
3,504 multi.family units
32 single family units
A. Based on .015 acres x. 3,504 multi-famDy units = 52.56 acres
.018 acres x 32 single family units = .576 acres
Total recreation requiremmts = 53.136 acres
B. Allowing ooe--half credit for private RCreation
. 25)'44 divided by 2 = 26.568 acres
2. Adding 56 single family homes for the Isles of Hunter's Run brings the total recreation
requirement to 56 S.F.H, X .0 l8 acres = 1.008 acres + 26.568 ac:re = 27.576 acres.
3. Since Hunters Ruu develop~ dedicated 30 aaes ofland to the City for recreation purposes
(Congress Avenue Community Park), they have met the intent of our recreation dedication
requirement and the Isles of Hunters Run developers would not have any fu.rtber recreation
dedication requirement. ."
JW:ad
.,1
JUN s 19q6 li2l:0-(H"ryl KTLDA" ,-, Ar'--~-~TE(""'
. -. -' ""~.' "'6 FRr,_,'I'1J. _,~ 6: ,;:,.::>I.)I._,.l.H .::>
. ,~, >.:"5-103-1 '996 ""~.." - ...
I
TO
i,r:-1p. ?~~592P. 6/6~3
-..
~NDOl\.flNIQMS AT fl1J1\"TE2i.RUN
MSOClATIO)f
TiPI OJ
UNI't'
Nt!MBP
OJ' tt11I'rS
ItnOD
!00L8
'.
SIUS\rOL \
CAMBRIDGE
CAXBRIDGE II
t!AS'I'GATE
EASTGATE II
VILLAS
nOMDS
VILtAS
VILLAS
APTS
APTS
44
E1Z
36
50
110
lOa
\
"
1
1-
1
1
1
o
"VILLAS OF BRmtTWOOD
l!JGsax
VJ:LLAS 56
l
ESTATES
GLENS EAST
GLENS WEST
HAMPSHIRE
VILLAS 01" HAMPStilRE
VILLAS or NORTHWOOOS
NO~'1'HWOODS
NORTKWOOOS II
o~s
SOtJTHFOR1'
S'1'RA't'JORO
.." ..
WESTGATE
WINOSO'R
WOODS
,
.
PAtIO aOMES 48
1
,
PA'I'IO HOMES 29
VILLAS 30
PAT:O HOKES 30
V1LLAS 30
1
,
1
o
VIL:AS 32
PATIO' aOMES 48
PATIO HOMJ:S ~5
PATIO HOMES 24
APTS 237
AP'I'S 304
APTS 176
1
, 1
1
1
1
2
1
VILU\S 4-0
1
~AT!O HOMES sa
1
l;lO~OWNERS ASaoCIATJON AT HUI\"TERS RUN
SOTTON PUCE
CUD'rOM HOMES
19
u
qreg2 \ cc:mdQs .ltr
<< /1
J
\\
;P~ I "-
~of~
::~F F- .~: i.:.. -"; qq.L. .~: :I /.1. :-Z z -.... --*1' 1...1.
_ _, ..., 1" -.l .. ...,. F m 7' b - ..... -; -Z -'4., -='
.-.DP'\ 9 ~ ,....... p ~ ~ -_. "'--= . _...".,%....
\I. '. r."-"- ",".. ... ..... 1:".... . .
- . . - -"T. _ . _ --..J. :I .J J
Ji II !lIiiill i I I. HI i i III
EASEMENT
THIS INDENTURE made this
03
day of Sept.
,A.D., 1996'
by
The Hunters Run Property OWners Associ i'lTi on Tn!'
,
a corporation existing under the laws of
Florida
and having its principal place of business at 3700 Clubhouse Ifne
first party, to the City of Boynton Beach, a political
subdivision of the SLate of Florida, second party:
(Wherever used herein, the terms, "first party"
and "second party" shall include singular and
plural, heirs, legal representatives and assigns
of individuals and the successors and assigns of
corporations, wherever the context so admits or
requires. )
WITNESSETH
WHEREAS, the first party is the owner of property situate in
Palm Beach County, Florida, and described as follows:
SEE EXHIBIT "A"
(Attached Hereto)
~,
and,
WHEREAS, the second party desires an easement for water and
sewer utilities and/or other appropriate purposEs incidental
Lhereto, on, over and across said property,
and,
WHEREAS, the first party is willing to grant such an
easement,
NOW, THEREFORE, for and in consideration of the mutual
covenants each to the other running and one dollar and other
good and valuable considerations; the first party does
hereby grant unto the party of the second part, its
successors and assigns, full and free right and authority to
construct, maintain, repair, install and rebuild facilities
for above stated purposes and does hereby grant a perpetual
easement on, over and across the apove described property
for said purposes. The second party, ltS successors and asslgns snall
be responsible for damage to the areas abutting the easerrent area caused
by the water and sewer lines located wi thin the eaasrrent area.
l'
ORB 94 3 fig 386
IN WITNESS WHEREOF, the first party has caused these
presents to be duly executed in its name and its corporate
seal to be hereto affixed, attested by its proper officers
thereunto duly authorized, the day and year first above
written.
Signed, sealed and delivered
in the presence of:
(CORPORATE SEAL)
BY ~0 fl f~;~iI>
CVv;a PRESIl!~b<~"
: . ~ : ~.. <;;;S OJ ,0'. ~ o' ,;:
~l-Q-, . ~ - ".~) ::
C' ,. 'c.... ill,... CC : ::
- "~ t ...,., .!. () .~, -
ATTEST:::; \ c.- <.I.) ~~"" .:~ ~:
SECREn,F ... "".:'~'~>~ ~ ./
V,JI '.~.--1f."'/'~" ...'
'. .:t cJH"j c., " """
'IJ".;"-;"Il'\""'\
STATE
f1~
OF-tA '
OF \~- ~ //J
COUNTY
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and Co y afor
take acknowledgements, personally appeared
well known to me to be the President and
respectively, of the Corpora named as firs arty in
foregoing Easement and that they severally acknowledged
executing the same in the presence of two subscribing
witnesses freely and voluntarily, under authority duly
vested in them by said Corporation, and that the seal
affixed thereto is the true Corporate seal of said
Corporation.
WITNESS my hand and official
Sta~e last aforesaid this ~day
199&. .
seal ~~he County
of .o.LJ'f . ,
~ /1
and
A.D.,
My commission expires:
~~~~~ l YNN DOWNfR.OOSS
f.rA"' MY COMM~, CC.688884
,~ EXIWS. July 8.2000
''J.<<.tli. BondIlI11InI ~ fItJIlID ~
l'
ORB 9453 r9 387
LAWS~.\I, NOBLE & WEBB, ~~C.
CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS
420 COLUMBIA DRIVE, WEST PALM BEACH, FLORIDA
PHONE (407) 684-6686
EXHIBIT IIAII
-
LEGAL DESCRIPTION: UTILITY EASEMENT
BEING A STRIP OF LAND LYING IN TRACT 20, SUMMIT PLAT NO.1, AS RECORDED IN PLAT BOOK 36, PAGES 48
THROUGH 51 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT 20; THENCE NORTH 90000'00" WEST ALONG THE
NORTH LINE OF SAID TRACT 20, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
NORTH 90000'00" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 15.00 FEET; THENCE SOUTH 00000'00"
WEST, ALONG A LINE PARALLEL WITH AND 25.00 FEET WEST OF THE EAST LINE OF SAID TRACT 20, A
DISTANCE OF 481.42 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 20; THENCE NORTH 45000'00"
EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 21.21 FEET; THENCE NORTH 00000'00" EAST, A DISTANCE OF
466.42 FEET TO THE POINT OF BEGINNING.
CERTIFICATION:
I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN
ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, SET
FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES,
AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE
AaEJ.bRIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH,
P T 'j..AAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID.
~ -
.- /.L NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT
WILBLfR F. DIVINE ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION
REG. LAND SURVEYOR NO. 4190 SHOWN HEREON. THERE HAS BEEN NO FIELD
STATE OF:j:FLORIDA WORK, VIEWING OF THE SUBJECT PROPERTY, OR
g ~O J a 1_ MONUMENTS SET IN CONNECTION WITH THE
DATE: lj lip PREPARATION OF THIS INFORMATION SHOWN
HEREON.
REVISIONS-UPDATES
DATE
BY
CK'D
NOTE: LANDS SHOWN HEREON WERE NOT
ABSTRACTED FOR RIGHT-OF-WAY AND/OR
EASEMENTS OF RECORD.
JOB NO.:
A013X BY: WFD I CHECKED: WFD F.B. ---
PG. -- I SHEET 1 OF 2
JHJ\SRVY\A013\DESCRIP,829
,_i KtI "7' ..... J ..-"> r"3 ....:) b 0
Ml"\rp"t."'f:\" H IIT~ K""~' "' """U.- 1:1: .....t-lIft,'....'1~ _1
U!Ji"':V i ri'f I.. ill, L t{", ~-'Ltr<t\ rc: i..:~jlJI~! 'f, rL
LAv"sor~, NOBLE & WEB...." INC.
CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS
420 COLUMBIA DRIVE. WEST PALM BEACH. FLORIDA
EXHIBIT "All PHONE (407)684-6686
SKETCH TO ACCOMPANY DESCRIPTION
R::>\U1 o~
~IUt..J 1~C:1
Uc:!JC).oolao"\AJ
J c:5 .c:x:::> I
\-..lO\2T'U L-II0E. ~
12b.C.... 20
I
I~
o
Q "2
~ I-:
~ ~
~ ~
J~
~~~
\. PzIVI=-
SEE SHEET I OF "2 FOR DESCRIPTION
JOB f't). t:..o/:3" BY' C.~
~I~-r oF' C<:::.t-'tME:tJCE:ME.w,
tJ.c:=., Co121....lS2 oF" -n:;2.A.C..T 20
~L.Jr-.A. M ,..,- PlAT 100. I
(p~-r e.oo~ ou:>, ~ 6q" ~e,-CSI)
I
~~~~ I
.~ \::),
C). ~"
lv
.
S:c.1:..Le..:
\"-=&0'
I
I I
\0 L..niL.-rry ~~T
lOPr::IC'~ ,::;zE:COl<D
e.~ "2€:a';!' ~E.
134-0) ,
I I
1'2 U-rIL-I"'T'Y GA-~10l
L R..A- -r F.3oc;::.... =3(q. AlOeS
4e.c;:;O
I
I
..
~
& ~
~12
-:2 ~
8 4
^.J 45-
21 2 001 '~/
. I' --...J E:.
r,~:~~c 0,: ~~;~. s :"~l ~'/I'J: L;~~j:~:-~i ot dcsu:Tlent
L;i.~J~,~factvry \V~:':;:l fccf:iv;:d.
THIS IS NOT A SURVEYI
SHEET -z OF "2-
OA TE' BI;Z"f!>/~
CHECKED'
F.B.- PG.-
\
~
\
\
\
\
\
\
\-----r
\
\
\\
.........\
..-<'\
r
+
~
~
. .'
t
,.
, ,.,.."" ,
.~
-...J
.t>
0J
r-... -I
N :;0 0
0.J1'\)~
(oJ . I
~_9 ~ IN
'-'" )> 0
o '
7~..r-nc . t J
i:.:- v' /~~t1//'/'i
,..;---- .
.....
...-
~ ("J
N ~ en
'-J ~1 ("J
.....
OJ U1 UI
N
lO ... ("J
("J
~ ("J ("J
0 ...
~: -10 N (,l
, ..... U1
i..... ("J
IN ..... en
1-.,) IIUl ("J
.....
,~~r'..f
....
\
. .
II ~ .
-:- .t
1r
; . ,; ~
. .
\
MEMORANDUM
UTILITIES DEPT. NO. 96- 061
r"~::;"-
'W(F: ~4D~ 1m
PLANNING AND
ZONING DEPT.
FROM:
John A. Guidry, Utilities Director
TO:
Grady Swann, Finance Director
DATE:
February 13, 1996
SUBJECT: Reservation fee for Isles at Hunters Run
Enclosed is check no. 1064 from Home Development Corp. of South Florida in the
amount of $7,761.60 as the reservation fee for the proposed 56 single family homes
to be built in the Isles of Hunters Run P.U.D. located on Congress Ave. in Boynton
Beach. Please deposit this check in the appropriate account.
You may refer any questions on this matter to Peter Mazzella of this office.
JAG/PVM
bc: Peter Mazzella
xc: Tambri Heyden, Planning Director
File
"ill
Kilday & Associates
Landscape Architects/ Plal;'ners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(407) 689-5522 · Fax: (407) 689-2592
100
rn @ m 0 Wi ~,":
fill i
DEG I - 1995 t~
CJY;P ~,</~# ~J/
(.-/Co~n-00 ~>z~
ZONING OEPT.
ATT. ~p~ ~~
WE TRANSMIT: {/
~EWITH 0 UNDER SEPARATE COVER VIA
THE FOllOWING:
o PRINTS 0 SPECIFICATIONS 0 ADDENDUM
DTRACINGS/SEPIAS ~MITTALS 0 CHANGE ORDER
o SHOP DRAWINGS OCOpy OF LETTER 0
THIS IS TRANSMITTED TO YOU:
~ APPROVAL 0 FOR REVIEW & COMMENT
o FOR yOUR USE 0 AS REOUESTED
DATE /..;;2- /- ~5
PROJECT NAME ~e ~'7t2f-~ AF^-,l
PROJECT NUMBER /;;2.4::r &:-
/ '
ACTION CODE:
A REVIEWED
B NOT REVIEWED
C REVIEWED & NOTED
D RESUBMIT
E 00 NOT RESUBMIT
F RESUBMIT FOR FILES
NO OF DATE DRAWING DESCRIPTION/REMARKS ACTION
COPIES OR ITEM NO ~~d/~~A.:~ CODE
~oU~ ~{:/j~LJU~'/
~~~. ,~~V~
.. ..~ ~~Cp<<U
./~~-'a_>b_~/ ~ y . /
Yv .... ed ~ #.Jta/~'1~
IF ENCLOSURES ARE NOT AS NOTED. KINDLY NOTIFY US AT ONCE
COPIES TO
WITH ENCLOSURE
D
o
D
D
o
FILE CODE
SHOP DRAWING DIV
SIG~..-oCVy/ O. Uc,-.MeJ
/'
!~.~ ~9.tl
t ' ' ,;;" j U,;;,:3 t, B. '; "i ... '"
,.,:,ana 'ub....,~.
,~,--
.... i'
'tt
,.
'rfQ/1f
Thomas Frankel,Vice President
~tI~
//-3075
~
IljrYf!Q0-
Thomas Frankel,Vice President
;/ f~.l'<
~C:r..~ ~
i\: Si t.~:.Plcin
N~U-29-'95 WED 10:30 ID:KII nqy & RSSOC
TEL ~J:407-689-2~~?
t:t 1 E:::3 pel?
( S')
III.
caRTIf!CATION
(I) (We) understand that this application and all papers and
plans submitted herewith become a part of the peJ:'manent
records of the Planning and Zoning Board. (I) (We) hereby
certify that the above .tat.menta and any atatementa or
ahowlnV8 in any papers or plane submitted berewith a~e ~ru. to
the b.at o! (mv) (OUt) knowledge and bellet. ~hll applicat10n
~ill not be aao.pted unl... 8igned aooQ~41ng to the
in.t~uotlon. below.
/- 1I1Io.tu~ or Trustes,
of Authorized prinaipal if property
ia owp.~ by . aorPQ~At1on or other
bu.ln... entit.y. Thomas Frankel, Vice President
1f/29/1S"
I Date
IV.
o or AGENT
S gnat:ure 0 tOr.: 18
"Kieran' .r, ay Ki1 ay
(I) (We) hereby designate the above .1gned person a8 (my)
(ourt Authorized agent in regard to thia applicationa
f iI ~O -- n'" ,- -- L17~ )~a\e r.._.
S go.ture o~t Trustee, ~t
Dr Authorized Prinoipal if property
1s owned by a corporation ot other
business entity. Thomas Frankel, Vice President
//-3CJ-:Y5
Date
!!beE BELOW TpIS ~l~~ FOR OFrICS U~~ otl~~
Review soh_dula. Date Received
Teahnlaal Review BOI~d
Planning , Zoning Boa~d
Community App..~.na. Baard
city Commi..lon
St1pulat1ons of Final Approvals
Date
Date
Date
Dat..
<I .1
lIT v-
Otbe~ Government ~genaie8/Par8one to be oontacted.
Additional Remark.1
-
VIP'
PLANNING' ZONING DEPARTMENT - November, 1991
1'.1 si tePlan
t
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING DEPARTMENT
SITE PLAN REVIEW APPLICATION
FOR
NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE
Application Acceptance Date:
Fee Paid:
Receipt Number:
This application must be filled out completely, accurately and submitted as
an original to the Planning and Zoning Department. Twelve complete,
sequentially numbered and assembled sets of plans including a recent survey
and appropriate fee shall be submitted with the application for the initial
process of the Site Plan Review procedure. An incomplete submittal will
not be processed.
Please print legibly (in ink) or type all information.
I. GENERAL INFORMATION
1.
Project Name:
The Isles at Hunters Run
2. Applicant's name (person or business entity in whose name this
application is made):
Summit Associates, Ltd.
Address: 200 Admirals Cove Boulevard
Jupiter, FL 33477
Phone:
(407)744-1700
Fax:
(Zip Code)
(407)744-8889
3. Agent's Name (person, if any, representing applicant):
Kieran J. Kilday/Kilday & Associates, INc.
Address: 1551 Forum Place, Suite 100A
West Palm Beach, FL 33401
Phone:
(407)689-5522
Fax:
(Zip Code)
(407)689-2592
4. Property Owner's (or Trustee's) Name:
Summit Associates, Ltd.
Address: 200 Admirals Cove Boulevard
Jupiter, FL 33477
Phone:
(407)744-1700
(Zip Code)
Fax: (407) 744-8889
5. Correspondence to be mailed to:*
Same as Applicant and Agent.
* This is the address to which all agendas, letters and
other materials will be mailed.
PLANNING & ZONING DEPARTMENT - November 1991
A:SITEPLAN
( 2 )
6. What is applicant's interest in the premises affected?
(Owner, buyer, lessee, builder, developer, contract
purchaser, etc.) ()\vner
I
7. Street address or location of site: ~~ West side of Congress
Avenue approximately 500 feet no~th of Summit Drive.
B. Property Control II 08-43-46-06-00-000-1040
Legal description of sitel See attached Exhibit "A"
9. Intended use (s) of site: 56; zero lot line dwellinq units
10. Developer or Builder: Home Development Corporation of South Florida.
11. Arch! tect: Rodriguez - Lichi & Associates
12. Landscape Architect:
Kilday & Associates, Inc.
13. Site Planner:
Kilday & Associates, Inc.
14. Engineer: Lawson, Noble & Webb, Inc.
15. Surveyor: Benchmark Land Surveying & Mapping, INc.
16. Traffic Engineer:
Simmons & White, Inc.
17. Has a site plan been previously approved by the City
Commission for this property? no
18. Estimated construction costs of froposed improveman~. .hown cn
this site plana to be determine
PLANNING & ZONING DEPARTMENT - November, 1991
A:SltePlan
.~-_.- -'-
EXHIBIT :JAil
LEGAL DESCRIPTION
.;-....
~.~..,;-
~-.
, .y'"
. (-
LEGAL DESCRIPTION
HUNTER'S RUN PARCEL
A PARCEL OF LAND LYING IN SECTION 6 -:-CYNNSHIP 46 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, AND BEING 1\'10,::;:= PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST COn';cR OF SAID SECTION 6; THENCE, SOUTH
00000'08" EAST, ALONG THE EAST Li<:= C= S:=CTION 6, A DISTANCE OF 2263.81 FEET;
THENCE, NORTH 90000'00. WEST, DE:;.~,::::-\;G SAID EAST LINE, A DISTANCE OF 60.00
FEET TO THE INTERSECTION THERcOr://ITH THE WEST RIGHT-OR-WAY LINE OF
CONGRESS AVENUE FOR A POINT OF BEGINNING (P.O.B.)
THENCE, SOUTH 00000'08" EAST, ALONG THE WEST RIGHT-OF-WAY LINE OF SAID
CONGRESS AVENUE, A DISTANCE 0:: 75768 FEET; THENCE, SOUTH 00000'08"
WEST, CONTINUING ALONG SAID \'/ES-;- RIGHT-OR-WAY LINE,' A DISTANCE OF
1041.10 FEET TO THE INTERSECT:C,', -~:=REOF WITH THE BOUNDARY LINE OF
SUMMIT PLAT NO, 1, ACCORDII\~G -=:; -~:= PLAT THEREOF, AS RECORDED IN
PLAT BOOK 36, PAGE 48, PUBLIC ::::cC::;::;OS, PALM BEACH COUNTY, FLORIDA;
THENCE, NORTH 90000'00. WES: ;:l..C'\G THE BOUNDARY OF SAID PLAT OF
SUMMIT PLAT NO.1, A DISTANCE=:'= ~.~3 07 FEET; THENCE, NORTH 00000'00"
EAST, CONTINUING ALONG SAID p_.:," :=:::: Ji\iDARY, A DISTANCE OF 1687.50 FEET:
THENCE, NORTH 90000'00. EAST, D:==....::::- '<G SAID PLAT BOUNDARY, A DISTANCE
OF 380.00 FEET; THENCE NORTh = = = = =:Y' EAST, A DISTANCE OF 111.28 FEET;
THENCE, NORTH 90000'00. EAST, ADS: ANCE 363.09 FEET TO THE POINT OF
II. fCONT~:~~:~~:::P~:.:~S' MORE OR LESS.
"<SUBJECT TO RESERVATIONS, EASEMENTS AC,C) RIGHTS-OF-WAY OF RECORD.
-
!-
,i1.~
'1'" :
'-;r~
."
. i1~"
:~~,
~~
- ..
~~.~~:
t";
1'['
"A,..
~'5~.~-,
.~<;.
l{~.~.
;~~..
~,~t--~-~
II. SITE DATA
( 3 ).
The following informat~on must be filled out below and must
appear, where applicable, on all copies of the site plan.
1. L!nd U~e CategQ~hown in Low Density Residential
the Comprehensive Plan
2. Zoning District prIO Planned Unit Development
3. Area of Site 29.71 acres 1,294,167.6 sq. ft.
.A. Land Use -- Acrea~e Breakdown
19.699 66 , of site
A. Residential, including acres
surrounding lot area of
grounds
b. Recreation Areas * 0 acres 0 \ of site
(excluding water area)
c. Water Area 6.261 acres 21 \ of site
d. Commercial 0 acres 0 \ of site
e. Industrial n acres 0 \ of site
f. Public/Institutional 0 acres 0 \ of site
g. PUblic, private and
Canal rights-of-way 3.75 acres 13 !Ii of site
h. Other (specify) acres \ of site
i. Other (specify) acres \ of site
j .
acres
Total area of site
29.71
100
\ of sit(
· including open space suitable for outdoor recreation, and
having a minimum dimension of 50 ft. by 50 ft.!
5. Surface Cover
a.
acres
b.
c.
Ground floor building 5.94
area ("building footprint")
6.261
20
\ of sitE
21
Water area
, of sitE
acrel'
Other impervious areas,
including paved area of
public & private streets,
paved area of parking
lots & driveways (ex-
cluding landscaped areas),
and sidewalks, patios,
decks, and athletic
courts. 5.88
20
acres
, of sitl
d.
61
Total impervious area 18.0~
acres
, of sit,
e.
o
\ of sit,
Landscaped area
inside of parking lots
120 sq. ft. per interior
parking space required -
see Sec. 7.5-35(g) of
Landscape Code).
o
acres
PLANNING & ZONING DEPARTNENT - November, ]991
( 4) .
8.87 30 iii of site
f. Other landscaped areas, acres
g. Other pervious areas,
including golf courses,
natural areas, yards, and
swales, but excluding 2.76 9 iii of site
water areas acres
h. Total pervious areas 11. 63 acres 39 \ of' site
.' 29.71 " of site
i. Total area of site acres 100
6. Floor Area
Residential 258,746.4 sq. ft.
a.
b. Commercial/Office 0 sq. ft.
c. Industrial/Warehouse 0 sq. ft.
d. Recreational 0 sq. ft.
e. Public/Institutional 0 sq. ft.
f. other (specify) 215 sq. ft.
guardhouse
g. other (specify) sq. ft.
258,961.4 sq. ft.
h.
Total floor area
7. Number of Residential Dwelling Units
a. Single-family detached 56
b. Duplex 0
c. Multi-Family (3 + attached
dwelling units)
( 1 ) Efficiency 0
( 2 ) 1 Bedroom 0
( 3 ) 2 Bedroom 0
( 4 ) 3+ Bedroom 0
d. Total mUlti-family 0
e. Total number of dwelling units
dwelling
Bq~x~~ units
sq. ft.
dwelling units
dwelling units
dwelling units
dwelling units
dwelling units
56
8.
Gross Density
1. 88
dwelling units per acre
9.
~lmum b!!9ht gf Btr~ctqr_s on s!tA
30
f.et
2
.torie:
10. Reguired off-street parking
a.
Calculation of required
number of off-street
parking spaces
b.
Off-street parking spaces
provided on site plan
2 spaces x 56 d.u. = 112 spaces ~2 total spaces ( 2 spaces
provided per lot)
PLANNTNG ~ ?nNTNG T1EP h P'T'r'mtJ'T' .- Hnupmnp r 1 q q 1
( 5)
III. CERTIFICATION
(I) (We) understand that this application and all papers and
plans submitted herewith become a part of the permanent
records of the Planning and Zoning Board. (I) (We) hereby
certify that the above statements and any statements or
showings in any papers or plans submitted herewith are true to
the best of (my) (our) knowledge and belief. This application
will not be accepted unless signed according to the
instructions below.
,',.,',*
Slgnature of OWner(s) or Trustee,
of Authorized Principal if property
is owned by a corporation or other
business entity.
Date
IV.
AUTHORIZATION OF AGENT
~4",,)LJ_ Li/d:>' <:l<<;/
Signature, ~/Au~ orize Agent
Kieran J. Kl~Y; Kllday & SSOclates
(I) (We) hereby designate the above
(our) authorized agent in regard to
//;d'-~7
Date '
signed person as (my)
this application.
'k')..;~
Signature of OWner(s) or Trustee,
or Authorized Principal if property
is owned by a corporation or other
business entity.
*** See Settlement Agreement in City Attorneys Office
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
Date
Review Schedulez
Date Received
Technical Review Board
Planning , Zoning Board
Community ~ppearance Board
City Conunission
Stipulations of Final ~pprovall
Date
Date
Date
Date
Other Government ~gencies/Persons to be contactedz
~dditional Remarksz
PLANNING & ZONING DEPARTMENT - November, 1991
A:SitePlan
EXHIBIT "A"
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does
hereby acknowledge, represent and agree that all plans,
specifications, drawings, engineering, and other data
submitted with this application for review by the City of
Boynton Beach shall be reviewed by the various boards,
commissions, staff personnel and other partiEs designated,
appointed or employed by the City of Boynton beach, and any
such party reviewing the same shall rely upon the accuracy
thereof, and any change in any item submitted shall be deemed
material and substantial.
The undersigned hereby agrees that all plans,
specifications, drawings, engineering and other data which may
be approved by the City of Boynton Beach, or its boards,
commissions, staff or designees shall be constructed in strict
compliance with the form in which they are approved, and any
change to the same shall be deemed material and shall place
the applicant in violation of this application and all
approvals and permits which may be granted.
The applicant agrees to allowing the City of Boynton
Beach all rights and remedies as provided for by the
applicable codes and ordinances of the City of Boynton Beach
to bring any violation into compliance, and the applicant
shall indemnify, reimburse and save the City of Boynton Beach
harmless from any cost, expense, claim, liability or any
action which may arise due to their enforcement of the same.
READ, ACKNOWLEDGED
L1 ,/0 ~/ ..2~'t/
L\~ X-,(~\C~ Lu ~1~lC
:6rS~:J, ~ \
- f7..t-- x.J.)!it ~ik "-
/Witness ~
AND AGREED TO this ,7;3 day of
, 19 )?~
g~-,JcT ~~.4 -).
Applicant ~/V"~
Kieran J. Kilday; Kilday & Associates, Inc.
/U-v. r,~ .P~N - -:Ek..s iJII~ ,eN
..
~~
f
J
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING DEPARTMENT
SITE PLAN REVIEW APPLICATION
FOR
NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE
Application Acceptance Date:
Fee Paid:
Receipt Number:
This application must be filled out completely, accurately and submitted as
an original to the Planning and Zoning Department. Twelve complete,
sequentially numbered and assembled sets of plans including a recent survey
and appropriate fee shall be submitted with the application for the initial
process of the Site Plan Review procedure. An incomplete submittal will
not be processed.
Please print legibly (in ink) or type all information.
I. GENERAL INFORMATION
1.
Project Name:
The Isles at Hunters Run
2. Applicant's name (person or business entity in whose name this
application is made):
Summit Associates, Ltd.
Address: 200 Admirals Cove Boulevard
Jupiter, FL 33477
Phone:
(407)744-1700
Fax:
(Zip Code)
(407)744-8889
3. Agent's Name (person, if any, representing applicant):
Kieran J. Kilday/Kilday & Associates, INc.
Address: 1551 Forum Place, Suite 100A
West Palm Beach, FL 33401
Phone:
(407)689-5522
Fax:
(Zip Code)
(407)689-2592
4. Property Owner's (or Trustee's) Name:
Summit Associates, Ltd.
Address: 200 Admirals Cove Boulevard
Jupiter, FL 33477
Phone:
(407)744-1700
(Zip Code)
Fax: (407) 744-8889
5. Correspondence to be mailed to:*
Same as Applicant and Agent.
* This is the address to which all agendas, letters and
other materials will be mailed.
PLANNING & ZONING DEPARTMENT - November 1991
A:SITEPLAN
..'
.
( 2 )
~
,
6. What is applicant's interest in the premises affected?
(Owner, buyer, lessee, builder, developer, contract
purchaser, etc.) O,vner
I
7. Street address or location of site: ~~ West side of Congress
Avenue approximately 500 feet no~th of Summit Drive.
8. Property Control II 08-43-46-06-00-000-1040
Legal description of sitel See attached Exhibit "A"
9. Intended use (s) of site: 56; zero lot line dwelling units
10. Developer or Builder: Home Development Corporation of South Florida.
11. Architect: Rodriquez - Lichi & Associates
12. Landscape Architect:
Kilday & Associates, Inc.
13. Site Planner:
Kilday & Associates, Inc.
14. Engineer: Lawson, Noble & Webb, Inc.
15. Surveyor: Benchmark Land Surveying & Mapping, INc.
16. Traffic Engineer:
17. Has a site plan been previoUSly approved by the City
Commission for this property? no
Simmons & White, Inc.
18. Estimated construction costs of froposed imprQveman~s shown on
this site plan. to be determine
PLANNING & ZONING DEPARTMENT - November, 1991
A:SitePlan
EXHIBIT :IAII
LEGAL DESCRIPTION
I
~1~'
~....
LEGAL DESCRIPTION
HUNTER'S RUN PARCEL
A PARCEL OF LAND LYING IN SECTIOi"~ '3 'OVVNSHIP 46 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, AND BEING\;C==::: :JARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CO?\:ER OF SAID SECTION 6; THENCE, SOUTH
00000'08" EAST, ALONG THE EAST L'\:::== S:::CTION 6, A DISTANCE OF 2263.81 FEET:
THENCE, NORTH 90000'00. WEST, D:::2;.==- '~G SAID EAST LINE, A DISTANCE OF 60.00
FEET TO THE INTERSECTION THE?,:::C=,'/iTH THE WEST RIGHT-OR-WAY LINE OF
CONGRESS AVENUE FOR A POINT OF B:::GINNING (P.O.B.)
THENCE, SOUTH 00000'08" EAST, ALONG THE WEST RIGHT-OF-WAY LINE OF SAID
CONGRESS AVENUE, A DISTANC::: 0= 75768 FEET; THENCE, SOUTH 00000'08"
WEST, CONTINUING ALONG SAID ':/:::S7 RIGHT-OR-WAY LINE,' A DISTANCE OF
1041.10 FEET TO THE INTERSEC~=' " _.::: REOF WITH THE BOUNDARY LINE OF
SUMMIT PLAT NO, 1, ACCOROi:\G - ~ ~--'::: PLAT THEREOF, AS RECORDED I:';
PLAT BOOK 36. PAGE 48, PUBLIC ==:::====OS, PALM BEACH COUNTY, FLORIDA,
THENCE, NORTH 90000'00" WES' ,:.. ~C\.G THE BOUNDARY OF SAID PLAT OF
SUMMIT PLAT NO, 1, A DISTANC::: C = -':3 07 FEET; THENCE, NORTH 00000'00"
EAST, CONTINUING ALONG SAID p~;. -. :::= ""NDARY, A DISTANCE OF 1687.50 FEET:
THENCE, NORTH 90000'00. EAST, 0:::2.\:::~\;G SAID PLAT BOUNDARY, A DISTANCE
OF 380.00 FEET; THENCE NORTH::: = C == =::r EAST, A DISTANCE OF 111.28 FEET:
THENCE, NORTH 90000'00" EAST, A D,ST ANCE 363.09 FEET TO THE POINT OF
I"':' ift<1' BEGINNING (P.O.B.)
. , fCONTAINING, 29,71 ACRES, MORE OR LESS
'--. ''''~~SUBJECT TO RESERVATIONS, EASEME~,rs ~"<D RIGHTS-OF-WAY OF RECORD,
'':' ~ ,.
-
-
'~~
.~-.
r-"
... ~
~"
:~!~.
~t;,:
'I.:
~.
"."
.- '-.
..
',.
;1; ~,~ .'~
~~, ~.'
..,t~~ ~
.~~~-:.'
,ft~ '.
i.~
~~:!.
,~'''h
., .:.
,~;~(
~..:'ll't ~ .
( 3 ).
I~. SITE DATA
f
The following information must be filled out below and must
appear, where applicable, on all copies of the site plan.
1. Land Use Category shown in Low Density Residential
the Comprehensive Pla~
2. ~oning District PTTn Planned Unit Development
3. Area of Site 29.71 acres 1,294,167.6 sq. ft.
.Ii . Land Use -- Acreage Breakdown
19.699 66 \ of sit
B. Residential, including acres
surrounding lot area of
grounds
b. Recreation Areas * 0 acres 0 \ of sit
(excluding water area)
c. Water Area 6.261 acres 21 \ of sit
d. Conunercial 0 acres 0 \ of sil
e. Industrial n acres 0 \ of sil
f. Public/Institutional 0 acres 0 \ of si'
g. Public, private and
Canal rights-of-way 3.75 acres 13 % of s1
h. Other (specify) acres \ of s1
i. other (specify) acres \ of s1
j.
acres
100
\ of s1
Total area of site
29.71
· including open space suitable for outdoor recreation, and
having a minimum dimension of 50 ft. by 50 ft.
5. Surface Cover
a.
acres
b.
c.
20
\ of sj
Ground floor building 5.94
area ("building footprint")
6.261
21
Water area
\ of sj
acref'
Other impervious areas,
including paved area of
public & private streets,
paved area of parking
lots' driveways (ex-
cluding landscaped areas),
and sidewalks, patios,
decks, and athletic
courts. 5.88
20
, of s
acres
d.
Total impervious area 18.0R
61
acres
, gf 8
e.
Landscaped area
inside of parking lots
(20 sq. ft. per interior
parking space required -
see Sec. 7.5-35(g) of
Landscape Code).
o
o
acres
\ of s
PLANNING & ZONING DEPARTMENT - November, ]991
( 4) .
8.87 30 site
f. Other landscaped areas, acres 'Ii of
g. Other pervious areas,
including golf courses,
natural areas, yards, and
swales, but excluding 2.76 9 of site
water areas acres %
h. Total pervious areas 11. 63 acres 39 \ of site
.
. . 29.71
i. Total area of site acres 100 \ of sitE
6. Floor Area
Residential 258,746.4 sg. ft.
a.
b. Commercial/Office 0 sg. ft.
c. Industrial/Warehouse () sq. ft.
d. Recreational 0 sq. ft.
e. Public/Institutional 0 sq. ft.
f. other (specify) 215 sq. ft.
guardhouse
g. other (specify) sq. ft.
h.
Total floor area
258,961.4 sq. ft.
1. Number of Residential Dwelling Units
a. Single-family detached 56
b. Duplex 0
c. Multi-Family (3 + attached
dwelling units)
( I) Efficiency 0
( 2 ) 1 Bedroom 0
( 3 ) 2 Bedroom 0
( 4 ) 3+ Bedroom 0
d. Total multi-family 0
e. Total number of dwelling units
dwelling
Bq~x~~ units
sq. ft.
dwelling units
dwelling units
dwelling units
dwelling units
dwelling units
56
8.
Gross Density
1.88
dwelling units per acre
9.
HJ!jmum ~ Q~ &~rHa~yr~8 on s~
30
feet
2
stor:
10. ,eguired off-street parking
a.
Calculation of required
number of off-street
parking spaces
b.
Off-street parking space I
provided on site plan
2 spaces x 56 d.u. = 112 spaces -112 total spaces ( 2 spaces
provided per lot)
PT.ANNTtIn r.. 7.nNnm T1F.Ph H'l'f.1RtJ'1' .- tlnupmhp ,- 1 Q q 1
..
( 5)
,
III. CERTIFICATION
(I) (We) understand that this application and all papers and
plans submitted herewith become a part of the permanent
records of the Planning and Zoning Board. (I) (We) hereby
certify that the above statements and any statements or
showings in any papers or plans submitted herewith are true to
the best of (my) (our) knowledge and belief. ~hls application
will not be accepted unless signed according to the
instructions below.
*i't:*
Slgnature of OWnerfiB) or Trustee,
of Authorized Principal if property
is owned by a corporation or other
business entity.
Date
IV.
//~70- )/7
Date '
signed person as (my)
this application.
*1\;~
Signature of OWner(s) or Trustee, Date
or Authorized Principal if property
is owned by a corporation or other
business entity.
*** See Settlement Agreement in City Attorneys Office
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
Review Schedule:
Date Received
Technical Review Board
Planning , Zoning Board
Community Appearanoe Board
City conunission
Stipulations of Final Approval:
Date
Date
Date
Date
Other Government Agencies/Persons to be contacted:
Additional Remarks:
PLANNING & ZONING DEPARTMENT - November, 1991
A:SitePlan
T
EXHIBIT "A"
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does
hereby acknowledge, represent and agree that all plans"
specifications, drawings, engineering, and other data
submi tted with this application for review by the City of i
Boynton Beach shall be reviewed by the various boards,
commissions, staff personnel and other parties designated,
appointed or employed by the City of Boynton beach, and any
such party reviewing the same shall rely upon the accuracy
thereof, and any change in any item submitted shall be deemed
material and substantial.
The undersigned hereby agrees that all plans,
specifications, drawings, engineering and other data which may
be approved by the City of Boynton Beach, or its boards,
commissions, staff or designees shall be constructed in strict
compliance with the form in which they are approved, and any
change to the same shall be deemed material and shall place
the applicant in violation of this application and all
approvals and permits which may be granted.
The applicant agrees to allowing the City of Boynton
Beach all rights and remedies as provided for by the
applicable codes and ordinances of the City of Boynton Beach
to bring any violation into compliance, and the applicant
shall indemnify, reimburse and save the City of Boynton Beach
harmless from any cost, expense, claim, liability or any
action which may arise due to their enforcement of the same.
day of
Kieran J. Kilday; Kilday & Associates, Inc.
. .
..I..;..'UV .!.-;\....~l..h_> U:. U\..ll\.L.,. l .."'i.~
01~1000~t~{O..~ ,i l~
I
. .
:~
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT entered, into this
71'''
day of
A I /.,,-.:>
/t: f c mt:X /..
, 1995, between the CITY OF BOYNTON BEACH, FLORIDA
(hereinafter "CITY), SUMMIT ASSOCIATES, LTO. (hereinafter "SUMMIT")
and HOME DEVELOPMENT CORP. OF SOUTH FLORIDA, a Florida Corporation
(hereinafter "BUYER").
WHEREAS, SUMMI'r owns real property located in the jurisdiotion
limits of the City of Boynton Be.aoh (hereinafter referred to as
"Property") and more particularly described as:
See Exhibit "A", Legal Description
WHEREAS, the CITY, SUMMIT, and SUMMIT I S predecessors in title
have engaged in litigation regarding land use and zoning
designations which affect the Property. The oases which affect
the CITY and SUMMIT are city of Boynton Beach v. Summit Associates,
Ltd. Palm Beach County Circuit Court Case No. CL-91-7257 AN and ~
Robert Johnston. et al. v. Ci tv of Boynton Beach and Palmland
DevelopmeD..:t Corp, Case No. 72-C-6624 consolid~tE!d with Case No. 73-
579 CA (L) 01; and
WHEREAS, the June 3, 1994, Order of the Palm Beach County
circuit Court (Case No. 91-7257 AN) which affects the Property
ratified the 1973 Judgment and Agreement and designates the
Property as a land use of local retail commercial and C-3 zoning;
and
11/1/95
11- ~-o0. l~;Jb ;JU~lA~ & GOREN. F.A.~
812155647278:# 8/10
WHEREAS, the June 3, 1994, Court Order declares that the
parties are bound by the 1973 Judgment which contains, in part,
language barring "residential uses"; and
WHEREAS, SUMMIT has entered into a Purchase and Sale Contract
with BUYER. BUYER intends to build single family homes on the
property which would require rezoning and land Use amendment: and
WHEREAS, the CI'l'Y, SUMMIT and BUYER wish to enter into an
Agreement which would accommodate the BUYER's development concept,
result in modification of the controlling Court Orders, expedite
CITY approval of the proposed project, and bring to an end all
pending or threatened litigation between the parties, and, to do so
in a manner which will not be prejudicial to any right, claim or
interest of any party in the event BUYER fails to close on the
Property.
NOW, THEREFORE, in consideration of the mutual covenants
expressed herein, the parties agree as follows~
1. The foregoing WHEREAS clauses are true and correct and
are ratified by the parties.
2. An application for a land Use amendment and a rezoning of
the Property consistent with the BUYER's proposal to develop the
Property as a PUD limited to single family residential development
has been submitted to the CITY. The sUbmission includes a proposed
Master Plan.
3. The CITY and SUMMIT shall submit a Stipulation for Entry
of Agreed Order and an Agreed Order, copies of which are attached
hereto as Exhibit "B" and "e" respectively.
1111/95
2
... ~_ '__:lJ U 'w' ~ L. ..~. _I. U",../.4\.~.'. I.. .1..
u~~~~~U~t~10,~ 0: ~U
4. Approval of this Agreement by the City Commission and
entry of the Agreed Order referenced in paragraph 3 above shall,
subject to the revocation provision of the Agreed order, operate
to:
A. Rezone the Property to a planned unit development
(PUD) I limited to single family usage and a LUI
rating of 4.00.
,
B. Amend the land use designation to low density
residential.
C. Approve the Moster Plan subject to conditions as
may be set forth in a development order attached to
the Stipulation for Entry of Agreed Order as
Exhibit "BU.
5. In addition to the regular fees associated with
application for development approval, EUYER shall pay an
administrative fee of $3,200.00 which represents CITY tees incurred
for expedited staff and legal review incurred in conjunction with
the preparation of this Agreement and the related settleme!nt
documents or CITY approvals.
6. This Agreement shall be binding upon the parties hereto,
their successors and assigns.
7. This Agreement is to be construed in accordance with the
laws of the state of Florida and venue is acknowledged as proper in
Palm Beach County, Florida.
B. In the event of any litigation arising out of this
Agreement, each party shall bear its own costs and attorney fees.
11/1195
3
SEi'liT BY.:
11- 2-3.5
12:~O ;JOSIAS & GORE~. F,A.~
3121S56~7273:#lO/lO
9. This Agreement is binding and enforceable upon execution
by the parties but is subject to revocation as set forth in the
stipulation for Agreed Order and the Agreed Order referenced
herein, which provides that if the property is not conveyed by
SUMMIT to BUYER on or before January 30, 1995 (SUMMIT and BUY~~
have agreed to close the transaction on January 5, 1996), the
Agreed Order is null and void and has no force and effect. In the
event of revocation, this Settlement Agreement shall not constitute
an admission by any party with the respect to the propriety with
respect to the zoning, land use or Master Plan referenced herein.
ATTEST:
CITY OF BOYNTON BEACH
~~~~L~
CIT CLERK
(".1
0' I
LTD.
By:.
()ue rnCtt~1 ckv~
wi tn es s /2{) s. e rr-./x'r' I e La vn.o n h.P-.-
~C//~
wi tness H1+,-z.rUV7 . / dPL!'i
GEtw.n
SUMMIT ASSOCIAT
By: f~1~
HOME DEVELOPMENT CORP. OF
SOUTH FLORIDA
By:~
witness
Witness
JAC/lms
910370
AGMT.2
11Jl/9S
4
section 6,
45 East,
section 1,
42 East,
section 1,
acres.
LEGAL DESCRIPTION
Township 46 South, Range
and the East half of
Township 46 South, Range
less three parcels of
totaling approximately 20
EXHIBiT \t A "
-\ .
"
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT OF
FLORIDA, IN AND FOR PALM BEACH
COUNTY. CIVIL ACTION
CASE NO: CL 91-7257 AN
FLORIDA BAR NO: 291846
CITY OF BOYNTON BEACH,
a Florida municipal corporation
Plaintiff,
vs.
SUMMIT ASSOCIATES, LTD., A
Florida limited partnership,
Defendant.
/
STIPULATION FOR ENTRY OF AGREED ORDER
Plaintiff, . CITY OF BOYNTON BEACH, and Defendant, SUMMIT
ASSOCIATES, LTD., move for the entry of a Stipulated Order, a copy
of which is attached hereto as Exhibit "A" and as grounds would
state:
1. The parties, joined by Home Development Corp. Of South
Florida, a Florida Corporation, (a contract purchaser of the real
property which is the subj ect of this action) have amicably
negotiated and reached a settlement of all disputes, claims and
-1-
;IXHIBI'"f \' jj"
actions pending or threatened.
2. The City Commission of the CITY OF BOYNTON BEACH, Florida
has met in public session and authorized the Mayor and City Clerk
to execute the Settlement Agreement.
3. The sole contingency and condition subsequent to the
rezoning, land use amendment, and approval of Master Plan and the
Development Order in connection therewith, is a real estate closing
between SUMMIT ASSOCIATES, LTD., and Home Development Corporation
of South Florida, a Florida corporation scheduled to occur on or
before January 30, 1996 (SUMMIT and BUYER have agreed to close this
transaction on January 5, 1996).
4. The parties hereto request entry of the Agreed Order
attached hereto as Exhibit ftA" and approval of the Master Plan and
the Development . Order in connection therewith attached hereto as
Exhibit "B".
CITY OF BOYNTON BEACH
Attest:
By:
L.4.-4
G~e~~l~ Acting Deputy Clerk
By:
-2-
SUMMIT ASSOCIATES, LTD.
By:
)
, JI
. /
i~ l..-
I
I
I
'/tJ. f~'J
b~/~
By:
JOSIAS & GOREN, P.A.
Attorneys for Plaintiff
3099 East Commercial Blvd.
Suite 200
Ft. Lauderd FL 33308
(305) 771-
BURMAN, CRITTON & LUTTIER
Attorneys for Summit
712 U.S. Highway One
Suite 300
North Palm Beach, FL 33408
(407) 842-2820
- \\ '
. MICHAEL B
-3-
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CASE NO: CL 91-7257-AG
CITY OF BOYNTON BEACH, a
Florida municipal corporation,
Plaintiff
vs.
SUMMIT ASSOCIATES, LTD., a
Florida limited partnership,
Defendant.
/
AGREED ORDER
THIS CAUSE came on to be heard on the Joint Stipulation of the
CITY OF BOYNTON BEACH, Plaintiff and SUMMIT ASSOCIATES, LTD.,
Defendant.
The Court having considered the Stipulation of the
parties and being otherwise fully advised in the premises orders:
1. Subject to the provisions for nullification as set forth
in paragraph 3 below, the real property owned by SUMMIT ASSOCIATES,
LTD., which is the subject of this litigation is:
A. Provided a land use designation of low density
residential.
B. Zoned Planned Unit Development (PUD) , limited to
single family usage with a LUI of 4.00.
2. The Master Plan attached to the Stipulation for Entry of
Agreed Order as Exhibit "B", subject to the Development Order in
connection therewith, is hereby approved and shall be binding on
the CITY, the Defendant, SUMMIT ASSOCIATES, LTD., their successors
11/1/95
EXHIBIT \'A JJ
or assigns, subject to later modification as is otherwise
authorized by the CITY OF BOYNTON BEACH Land Development
Regulations.
3. In the event that the real property which is the subject
of this litigation is not conveyed by Defendant, SUMMIT ASSOCIATES,
LTD., to Home Development Corporation of South Florida, a Florida
corporation on or before January 30, 1996, this Agreed Order shall
be null and void and have no force and effect and this action shall
continue with the zoning and land use remaining unchanged, and the
master plan and related Development Order of no force or effect.
4. If closing occurs on or before January 30, 1996, and,
following notice thereof as required by this Order, this action
shall be dismissed with prejudice with each party to bear its own
costs and attorney fees.
5. Counsel for Plaintiff and Defendant are ordered to submit
a joint notice to the Court informing the Court if the closing of
the transaction.occurred or did not occur.
DONE AND ORDERED in Chambers at Palm Beach County, Florida,
this
day of
, 1995.
CIRCUIT JUDGE
copies furnished to:
James A. Cherof, Esquire
J. Michael Burman, Esquire
11/1/95
CITY OF BOYNTON BEACH
DEVELOPMENT ORDER
In Re: ISLES OF HUNTER'S RUN
Application of Home Development Corp. of South Florida
for Rezoning, Land Use Designation and
Master Plan Approval
/
This matter came on to be heard before the City Commission of the City of Boynton
Beach, Aorida on November 7, 1995. The applicant, Home Development Corp. of South
Aorida, as contract purchaser and Summit Associates, Ltd., seek application for rezoning,
land use designation, and Master Plan approval for real property more particularly
described in the Settlement Agreement attached hereto as Exhibit "A".
Based upon the testimony and evidence presented by the applicants, the City staff,
and members of the public, the City Commission of the City of Boynton Beach, Florida
grants the following:
1. The Settlement Agreement and Stipulation for Entry of Agreed Order
attached hereto as Exhibits" Anand liB" respectively are hereby approved and the Mayor
and City Clerk are authorized to execute same on behalf of the City.
2. The City Attorney is directed to execute the Stipulation for Entry of Agreed
Order and to submit the Stipulation and the Agreed Order to the Palm Beach County
Circuit Court for approval.
3. The application for rezoning of the property is hereby granted and the
property is rezoned to a Planned Unit Development (PUD), limited to single family usage
and a LUI rating of 4.00.
4. The application to amend the land use designation is hereby approved and
the land use designation is changed to low density residential.
5. The Master Plan, attached hereto as Exhibit ncn is hereby approved subject
to the following specific conditions:
A. Home Development Corp. of South Florida shall, as a
condition precedent to the issuance of further development
orders or building permit, submit to the City proof and
documentation that the Isles of Hunter's Run has been
approved for inclusion in the Hunter's Run community of
associations and, file with the City documentation, in a form
acceptable to the City Attorney, evidencing rights of cross
access with the existing Hunter's Run community. The
documentation shall be sufficient to demonstrate compliance
with the access, drainage, and recreational amenity issues
EXHIBIT \'/j II
qtherwise rt:#quired for development of a ph:hfned unit
development in Boynton Beach, Florida.
B. Applicant shall pay a fee in lieu of land dedication for
recreational amenities as otherwise determined by Article V of
Chapter 1 of the City's Land Development Regulation.
C. Building setbacks shall be maintained as follows: 15
feet front, 10 feet rear (building), 7 feet rear (pools, Jacuzzi,
whirlpools), 5 feet rear (screened enclosures), 10 feet side
(non-zero side . minimum building separation), 3 feet side
(non-zero side - screened endosures), five feet side (non-zero
side - pools), and a building height of two stories (not to
exceed 30 feet).
D. The applicant will place a note on the master plan that
indicates the maximum floor area will be submitted to the
Building Department on a lot by lot basis as part of permitting
to monitor land use intensity. The information shall be in chart
form and submitted with each building permit requesting
square footage that is included in floor area ratio
computations. The chart shall verify that the maximum allowed
square footage for the project is not exceeded. The chart shall
identify the maximum allowed square footage for the entire
development as allowed by the L.U./., the total number of lots
in the project, the subject building permit number, how many
square feet are deducted from the maximum allowed floor area
with the subject permit request and the balance remaining.
The chart shall track all previous permits by permit number
and include floor area computations. Following approval of
the last building permit, the total allowable square footage that
remains unbuilt will be divided equally between the 56 lots.
Each lot will be only entitled to add up to that specified
maximum number of square feet of living area.
5. This Development Order shall be deemed final upon i
Attorney and the City Clerk.
Issued this ~tJ day of IJoJ///!..8E L I 1995.
~ ~~~~~-'
Sue Kruse, City Clerk
ili ii
'1 II
II t..
f f'
II
I It
I r I
I II
I ,!
, !l
I ~
I I
1 t
t I
I · .: lUn \' I Ilf i;~ ·
Ilill !1!I \111 ti lilq, 1\ lW11!! i'
It lh. ,tll il Ii) I. I'iI Ii .1
1\1' ~Ii !t,: : i:.~ I' 'l'~ ~ i. II
.- 1..1 II r -llE . '111111 !t
,! i'l ,aI. lJ llh II Il. II I!
I1II III'~II il'III i~f n !il!., II
I II .11 f l, · ,I I "I II I'
'Il II '11'1 II!! I t!. h I
h I' I"~ I IIr il .11 If
., '! u I JI ., ,l
r I,' I .
I I
I
I .... ,.
I J 'Ill' itl~l1Jllll,1 "I
I .1' I. I ~lll (tl
ill, till ~P.lldl ii(J,llt
t ~111'1' . !1~tfiJ; thl; ;i
! ~l \i" ~iI alii l'!!~ll'!
Ii I II J} I~! l' III I
Ii l I;. ";'1 Ih.I'
. I 'I' '~I' ,il ·
i I "'Ii ....t l'~~ 1\
, :. I.
, II
I
~r! Oct 27 16: 17.40 1995 ST4
is
,I
II
~~
11;1
I'A
. II
I C
Hi:
. .,:
; r .
~ !i
.Is,
p'
. ~if
, .
(
,
I
I
,
,
I
~ @its
.'S."
.... led
~ : J
7 ..
I
.
I~_ -.---;.-- I ~
I '
r--r-" - -'- ,
~. -.....-r .~_._.
I .
."i) .
I -
......~.-
. .Y:
f-..--.,-- - '
I: @
\
..
.
~
~
G
tll~ I
! I ~
lH
'. ~
I' g Ii
I
.
r
I
'illnll
:! lill:.
:1 hl~l~
1 !I!hl
j Ii. ~i,
. . "~I
I · l-"
~.-s ,
t.!; j
1 · ;~ .
} & ;1 ~
I ! 'J -;
i "
i 1i1~
S I!_j
. ~',
!
i iii Ii II', ~ ! I
";1 ,- 'e ili 1_
~ ~I ii, fit !!,II ; ~
II~.' il,j it ; ~
. -II I ~l ,i., .
I~I' I 'lor Ii
ll~ I. .1
III alGI i 1
\ d'j'
....' ....
-. ...
~
Ii Imy iili II! ',11ti I
1 i~~.8 :"I'~ I
~~~ IDllllii.
I il;lli;~ !I~~I'
I I!I~IIII I! ;:,1
! 11:11 i 1111
..' i I
~~ i -===> (
~ll.
J,t
il .
Ii;
i' t
~ ll~ ~ ~
8J'81:
. \.>l
, . 8
ISLES AT HUNTERS RUN PUD
_~a;..1..lDQ:. . -
O.te Q2'~ "
Or,,"" 9T
rlle:'lll Z&~ .
Drawln. So -
Palh
ru.Dame
beel ~Of
Boynlon Beach, "oriel.
Wasler Plan
EXHIBIT \\ ~ I'
. .
us nH
lit U~
1;1 Uli
1:1 i~
'II ..4
I' Iii
:11 III
I-
I' i
i iUI i
II ;;;i I
."~.I
~...
~~
.:....:.
I'
; !fl,il i
III ~
~.t ~
~ i i
,,:1
"ill
hJi ~
.tll G
'I' ~
1'1 ~
'l &
1111
i'd'
!~l
f 1'1
i II
'I
I.
.1
II
11
"
1!~lmll :
II~il ' la I >
Iii 'I a
II ~
i
~ IS' i ~ &n
~ ~~ ~ 'i- ~
1\ G
~ II
-
Kilday a Alu:lat.
lOl\dlcope ArcIln.cN/;'.""'"
~~t ~ Wd'r' PIa"
wert I'olm ....d!. flof1M 13401
(&07) .1t-!l!l22 "0.,(&07) ....2512
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CASE NO: CL 91-7257-AG
CITY OF BOYNTON BEACH, a
Florida municipal corporation,
Plaintiff
vs.
SUMMIT ASSOCIATES, LTD., a
Florida limited partnership,
Defendant.
I
AGREED ORDER
THIS CAUSE came on to be heard on the Joint Stipulation of the
CITY OF BOYNTON BEACH, Plaintiff and SUMMIT ASSOCIATES, LTD.,
Defendant.
The Court having considered the Stipulation of the
parties and being otherwise fully advised in the premises orders:
1. Subject to the provisions for nullification as set forth
in paragraph 3 below, the real property owned by SUMMIT ASSOCIATES,
LTD., which is the subject of this litigation is:
A. Provided a land use designation of low density
residential.
B. Zoned Planned unit Development (PUD), limited to
single family usage with a LUI of 4.00.
2. The Master Plan attached to the Stipulation for Entry of
Agreed Order as Exhibit "B", subject to the Development Order in
connection therewith, is hereby approved and shall be binding on
the CITY, the Defendant, SUMMIT ASSOCIATES, LTD., their successors
11/1/95
EXHIBIT ,\ tV
or assigns, subject to later modification as is 'otherwise
authorized by the CITY OF BOYNTON BEACH Land Development
Regulations.
3. In the event that the real property which is the subject
of this litigation is not conveyed by Defendant, SUMMIT ASSOCIATES,
LTD., to Home Development corporation of South Florida, a Florida
corporation on or before January 30, 1996, this Agreed Order shall
be null and void and have no force and effect and this action shall
continue with the zoning and land use remaining unchanged, and the
master plan and related Development Order of no force or effect.
4. If closing occurs on or before January 30, 1996, and,
following notice thereof as required by this Order, this action
shall be dismissed with prejudice with each party to bear its own
costs and attorney fees.
5. Counsel for Plaintiff and Defendant are ordered to submit
a joint notice to the Court informing the Court if the closing of
the transaction occurred or did not occur.
DONE AND ORDERED in Chambers at Palm Beach County, Florida,
this
day of
, 1995.
CIRCUIT JUDGE
copies furnished to:
James A. Cherof, Esquire
J. Michael Burman, Esquire
11/1/95
J-!SiE'S2C ::-r: Oct 27 16.17 40 1995 514
I (~..... ';l
'lH ~I I ~al
. ~- p g g H ~
: 1 . !'A 'J'-" ! !liil i
~ $ ~ I' .1 "~ . r-
:ii! ~ ail ! ;1 j , fJU
..f ~ & Ii 1111 !I
", . ; If ~~ ' IJ' I , ~ t
I ' '1 [I
I -I t II ' I ')" If I ~
I~ I I ~ I 1~lJi I ft ~. t -4
'( . : !I ! !II i
. . . II
I ~ 11 I I JI 1i:1
I' II I '. 111
I I II ;i i ~
I
, I I ,! -d, 6
I
I I I II t I' en
, I ' ~ IiI i
, I (
I 1 I t ! I
f I
I . . "II' I II ~ \IW "11 · I" 'I
I I I I i I 'I' !II Ii I : 'Ii I
Hi, i'!,!I!!I! li~ I ~ ill! ili! jl
Iii.
11. I!!! jll'I' !II ~,I'iI.!l ,I i i!l
;, eii3 IIU III t: I l:ll~ If 'lu" 'I II
. . S&'. 'IU
. . 3 !i P! i:j Iii. i!!1 i il~ Ii illi! il il i II
.. c_
.. . i
1 ;, '~I II '111 'Irl ~i! f 1'11. I
t II
, I, ,I !II !\t. !;" n ""Ii I!
.t' II IIi! ,.!! " I.... I I,
!, ii I" : III il III If rI
'1 It U J[ tr ,I Ir
, r I ; , ,I
\ I I
I i'
. ! .. .. ..
~ I J 'IIi 11111" Jlf,l.j
~
-
'c 'II ::2 . 0" III I I I( It I
tll 1'}1 Rf I If! II
~~ f t ,I ~Ir i! rllllt l!1~1 51
I ~ II t tl .' .:11 ItJ~ fI: ; :r
;1 r- 1;,11,1111111:1 Irl!. rl
I' ?( Ii i U thj '1~!lr! l;i:ll!
I' ~ ..
II I 8 I 1;1 '~II rhlll
I I I ',r I r ,il '
~ lil~ i I 'Ii '11.; "311~
~ I~'i &: 111 l~!
'" i~ r II
~ ':. I
~
.)
Ii Imu ili,i II! 91111& I
I ~~~d;:lal.'~ I
~il~ IU' Ihii
I ;1~lls;~i !I~U!
I I!I~~ 1'111. illl
! I~:K 5 illl
;. 1 i
~ I.I~ z ~
r- 00
m ;Q
-, N -i
o ]8 L
q \.>l
o
... 0
1
~! I -==::> (
.1~ .
~ll t
~9 ·
'i~
~,i
SIft' ....
-- .,.
i I.; ii UII uii i IIII
Ii n Ii Ii il",
~ ~:I .- 'e Iii. : ~~
ql' ;1 N Illi I ~
: I I; 'II I!!
I ;~: II il~ ilii ; ~
o :11 I :11 {I ) ;
I~:I "'I". ,i
. Illl'l Ii i~1 ; J
.11 PT'
I
11' nl
:11 u~
e 1I!j
1;1 11.;'
II' u";
! ~ Iii
lit Iii
I"
II ~
i s;g; i
d "I\~" I
II ih~ I
.,~ I
"a...
"r;Il
..:...:,
, 0
allll II
rni ~ii I ~
.lilll ~ill ~
Iii 1'1
II !
Ii
~ I~ I .~ IQ
~ ",,1\ ! "1\ E
~ ,
~ II
_ ~..' _1. : lllo.:. -
Dole_i.Z.:.~
Or.....n Br--~- .-
r,le ~o 241 1
Drawln. So ~ ...
Poth ~ Yo\,[ DDl.ll _.
fileaeme S~ dwC
beet --L.. 01
Boynton Beach, norld.
Waster Plan
, ISLES AT HUNTERS RUN PUD
EX H (1-.....' :!j'':'''' \\ Lt I
, '. .~~:~~
~:j~.Jl~ l:.l
KRday * AnooIatM
Londacopa Are""aeta/Plo,,"_
'''' fONm Pktce
i~ ~= 8eoc". fler1clo 3~ 1
(407) "'-5522 .fol:(407) 1ft-2512
-
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CASE NO: CL 91-7257-AG
CITY OF BOYNTON BEACH, a
Florida municipal corporation,
Plaintiff
vs.
SUMMIT ASSOCIATES, LTD., a
Florida limited partnership,
Defendant.
/
AGREED ORDER
THIS CAUSE came on to be heard on the Joint Stipulation of the
CITY OF BOYNTON BEACH, Plaintiff and SUMMIT ASSOCIATES, LTD.,
Defendant.
The Court having considered the stipulation of the
parties and being otherwise fully advised in the premises orders:
1. Subject to the provisions for nullification as set forth
in paragraph 3 below, the real property owned by SUMMIT ASSOCIATES,
LTD., which is the subject of this litigation is:
A. Provided a land use designation of low density
residential.
B. Zoned Planned Unit Development (PUD) , limited to
single family usage with a LUI of 4.00.
2. The Master Plan attached to the Stipulation for Entry of
Agreed Order as Exhibit "B", subject to the Development Order in
connection therewith, is hereby approved and shall be binding on
the CITY, the Defendant, SUMMIT ASSOCIATES, LTD., their successors
11/1/95
EXHIBIT \\ tV
or assigns, subject to later modification as is 'otherwise
authorized by the CITY OF BOYNTON BEACH Land Development
Regulations.
3. In the event that the real property which is the subject
of this litigation is not conveyed by Defendant, SUMMIT ASSOCIATES,
LTD., to Horne Development Corporation of South Florida, a Florida
corporation on or before January 3D, 1996, this Agreed Order shall
be null and void and have no force and effect and this action shall
continue with the zoning and land use remaining unchanged, and the
master plan and related Development Order of no force or effect.
4. If closing occurs on or before January 3D, 1996, and,
following notice thereof as required by this Order, this action
shall be dismissed with prejudice with each party to bear its own
costs and attorney fees.
5. Counsel for Plaintiff and Defendant are ordered to submit
a joint notice to the Court informing the Court if the closing of
the transaction occurred or did not occur.
DONE AND ORDERED in Chambers at Palm Beach County, Florida,
this
day of
, 1995.
CIRCUIT JUDGE
copies furnished to:
James A. Cherof, Esquire
J. Michael Burman, Esquire
11/1/95
Board of County Commissioners
K~n L. Foster, Chairman
Burt Aaronson, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
Mary McCarty
Maude Ford Lee
County Administrator
Robert Weisman
October 24, 1995
Department of Engineering
and Pub . \
~~U-l,~\
i \ II .
Ij II
,-,-":: \
.' :
Ms. Tambri Heyden, Director
Boynton Beach Planning and Zoning Department
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: ISLES AT HUNTERS RUN PUD
~~~ ..., ,"
Dear Ms. Heyden:
The Palm Beach County Traffic Division has reviewed the traffic impact study for
the project entitled Isles at Hunters Run PUD, pursuant to the Traffic
Performance Standards in Article 7.9 of the Palm Beach County Land Development
Code. The proposed project will consist of 56 single-family residential dwelling
units. The project will generate 560 daily trips. The build-out for the project
is 1997.
The project adds traffic to two segments of Lake Ida Road which have traffic
volumes that exceed LOS D. These roadway segments are eligible for additional
project traffic, on a first come first serve basis. We will reserve trips for
this project on the following roadways. If the project does not receive a
development order, please inform me so that the trips can be used by other
projects.
Lake Ida Road from Congress Avenue to Swinton Avenue
Lake Ida Road from Congress Avenue to Barwick Road
60 trips
90 trips
The Traffic Division has determined that the project meets the requirements of
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
~.~~
Dan Weisberg, P.E.
Senior Registered Civil Engineer
cc. William Hukill, P.E., Director
Boynton Beach Department of Development
File: TPS - Mun. - Traffic Study Review
g:\user\dweisber\wp50\tps\boyn55
"An Equal Opportunity - Affirmative Action Employer"
@ printed on recycled paper
Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000
.;-\,)..r;"";,,,::,_,
fJJU City of
'Boynton 'Beach
4'.~' .
/,' -
!J ~",,;;-
~
g~
100 T.. 1Joyaon tJJuWr.1Joultvarri
~.o.1Jo'C310
1Joynton 1Jeat4 %nUfD. 33425-0310
City:JfD/I:. (407) 375-6()()()
~;U: (407) 375-6090
October 10, 1995
Mr. Dan Weisberg, Senior Engineer
Palm Beach County Traffic Division
Department of Enqineering and public Works
P.O. Box 21229
West Palm Beach, Florida 33416-21229
Re: Traffic statement: Isles at Hunters Run PUD
File No. LUAR 95-005
..
Dear Mr. Weisberg:
The enclosed traffic impact study, dated September 25, 1995,
prepared by Simmons << White, Inc. was received by the Planning and
Zoning Department recently for the above-referenced application.
Please review for conformance with the County's Traffic Performance
Standard Ordinance.
If you have questions regarding this matter, please call me at
(407) 375-6260, otherwise please send me your written comments/
approval to the above address, with a copy of your written response
to Bill Hukill, Director of Development Department, also at the
same address.
Very truly yours,
'~;;''''-~L · P rJUjL
Tambri J. Heyden
Planning and Zoning. Director
TJH:dim
CC: Bill Hukill w/attachment
Central File
JtTTrerUas (jateway to tlie (juifstream
SIMt10NS & WHITE, I NC:'
Engineers. Planners · Consultants
September 25, 1995
Job No. 95-91
TRAFFIC IMPACT STATEMENT
Isles at Hunters Run P.U.D.
Boynton Beach, Florida
SITE DATA
The subject parcel is generally located in the northwest quadrant
of Congress Avenue and Summit Drive (the southerly access to
Hunter's Run P.U.D.) approximately one mile north of Lake Ida Road
and contains 30 acres. Proposed site development on the currently
unimproved parcel consists of 56 single-family dwelling units with
an anticipated project build-ouc of 1997. Site access is proposed
via a single full-access driveway connection to Summit Drive
aligning with an existing median opening just west of Congress
Avenue. For addicional information concerning site location and
layout, please refer to t,he site plan prepared by Kilday and
Associates.
PURPOSE OF STUDY
This study will analyze the pr.oposed development's impact on the
surrounding thoroughfares within the proj ect' s radius of
development influence in acsordance with the Palm Beach County Land
Development Code Article 7, Section 7.9 Traffic Performance
Standards.
The Traffic Performance Standarda require that a proposed
development meet two "tests" with regard to traffic. Test 1, or
the Link/Buildout Test, requires that no site specific development
order be issued which would, during the buil~-out period of the
project, add project traffic at any point on any major thoroughfare
link within the project's radius of development influence if the
total traffic on that link would result in an average annual daily
traffic or peak hour traffic volume that exceeds the adopted
threshold level of service during the build-out period of the
project.
Test 2, or the Model Test, requires that no site specific
development order be issued which would add project traffic to any
link within the project's model radius of development influence if
the total model traffic on that link would result in an average
annual daily traffic volume, as determined by the model, that
exceeds the adopted level of service. For the purposes of this
analysis, the constructio~ co~templated in the Modified 2010 Plan
shall be used.
This study will verify that the proposed development's traffic
impact will meet the above Eerformance Standards.
4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415
Telephone (407) 965-9144
Traffic Impact Statement
Job No. 95-91
September 25, 1995 - Page Two
TRAFFIC GENERATION
The traffic to be generated by the proposed 56-unit residential
development may be calculated in accordance with the traffic
generation rates listed in Table 10.8-1 Fair Share Road Impact Fee
Schedule of Article 10:
DETACHED HOUSING (56 D.U.s)
56 D.U.s x 10 tod
D.U.
=
560 tpd
RADIUS OF DEVELOPMENT INFLUENCE
Based on Table 2A and 2B of Palm Beach County Traffic Performance
Standards, for a net trip generation of 560 trips the radius of
development influence shall be one mile for Test 1 and the directly
accessed link (Congress Avenue) for Test 2.
EXISTING TRAFFIC
Existing average annual daily traffic volumes for the links within
the radius of development influence were available from the
Metropolitan Planning Organization of Palm Beach County 1994/1995
Annual Traffic Volume Map.
Background traffic, consisting of historical growth allowances
furnished by Palm Beach County, major project traffic, and
anticipated development in the area was also considered. The
following table calculates the 3 year historical growth rate for
each of the applicable count stations within the project's radius
of development influence:
TABLE 1
HISTORICAL GROWTH RATE CALCULATION
LINK
A. CONGRESS AVENUE :
l. South of 23rd Avenue
2 . North of Lake Ida Road
B. LAKE IDA ROAD:
l. West of Congress Avenue
2 . East of I-95
91/92
94/95
3:
25,454
23,784
27,698
23,150
2.9%
0%
18,358
13,782.
20,358
13,913
3.5%
Use 1%
Traffic Impact Statement
Job No. 95-91
September 25, 1995 - Page Three
EXISTING TRAFFIC (CONTINUED)
Congress Avenue from the L-30 to the L-28 Canal (at Hunter's Run)
is currently under construction as a six-lane roadway. This link
has therefore been shown as a six-lane roadway in Figure 1.
The major projects in the area, Delray Park of Commerce, Congress
Park South, Quantum Park and Motorola are not anticipated to
generate over 4500 tpd (ten percent of capacity for a 6-lane
roadway) on Congress Avenue from 23rd Avenue to Lake Ida Road
during the build-out period of the subject parcel.
The project is expected to be built-out in 1997 and background
traffic was projected to that time. Please refer to Figure 1.
TRAFFIC ASSIGNMENT/DISTRIBUTION
Based upon the existing and proposed geometry of the roadway
network, a review of the existing and historical travel patterns,
as well as a review of the proposed development and improvements in
the area, the following generalized traffic distribution was
assumed for trips generated by the proposed development:
North
East
South
West
30%
18%
30%
22%
The distributed traffic for the project at full build-out of the
development was assigned to the links within the project's radius
of development influence and can be seen in Figure 1.
Based on the projected total daily traffic volumes and threshold
volumes for the links within the project's radius of development
influence as shown in Figure 1, this project meets the applicable
Average Daily Traffic Volume Link Performance Standards listed
under "Test One" of the Palm Beach County Traffic Performance
Standards on all links within the project's radius of development
influence.
Traffic Impact Statement
Job No. 95-91
September 25, 1995 - Page Four
PEAK HOUR TRAFFIC VOLUMES
The net external P.M. peak hour traffic volumes to be generated by
the proposed development may be calculated as follows in accordance
with the rates provided in the ITE Trip Generation Manual, 5th
Edition:
USE
NET
EXTERNAL
DAILY TRIPS
P.M.
P.H.F.
P.M.
PEAK HOUR
TRIPS
Single-Family
560
10.58%
S9
The existing average peak hour traffic has been determined by
factoring the 1994/1995 average annual daily traffic by a "K"
factor of 9.1% and can be seen in Figure 2. The project's net
external P.M. peak hour traffic volumes, the peak hour background
traffic, and the total peak hour traffic volumes are also shown in
Figure 2.
Based on the Level of Service "0" Average Peak Hour Threshold
Volumes shown in Table 1A of the Palm Beach County Traffic
Performance Standards and the total peak hour volumes shown in
Figure 2, this proj ect meets the applicable Peak Hour Traffic
Volume Link Performance Standards listed under "Test One" of the
Palm Beach County Traffic Performance Standards.
SITE RELATED IMPROVEMENTS
The A.M. and P.M. peak hour turning movement volumes and
directional distributions at the project entrance for the proposed
development may be calculated as follows:
Traffic Impact Statement
Job No. 95-91
September 25, 1995 - Page Five
SITE RELATED IMPROVEMENTS (CONTINUED)
The A.M. and P.M. peak hour turning movements at the proposed
project entrance to Summit Drive may be summarized as follows:
Westbound Entering Right Turn
Eastbound Entering Left Turn
Southbound Exiting Right Turn
Southbound Exiting Left Turn
A.M.
11
o
o
32
P.M.
38
o
o
21
The proj ect entrance aligns with an existing median opening on
Summit Drive. Summit Drive is a four-lane divided roadway in the
vicinity of the project entrance. Based on the anticipated volumes
calculated above and the Palm Beach County Engineering guideline
used in determining the need for turn lanes of 75 right turns or 30
left turns in the peak hour, no additional turn lanes or site
related improvements appear required. A single lane exiting the
project appears adequate.
MODEL TEST
Modified Table 5, Projected Network Deficiencies for the future
network, does not presently indicate that the applicable links
within the project's radius of development influence will be over
capacity. Therefore, this project meets the Model Test.
CONCLUSION
This proposed development is expected to generate a total of 560
trips per day at project build-out in 1997. Based on an analysis
of existing and project traffic characteristics and distribution,
as well as the existing and future roadway network geometry and
traffic volumes, this overall project meets the Link/Buildout Test
and the Model Test as required by the Palm Beach County Traffic
Performance Standards.
~
G OLr" -en
5c
Z3/CJ:)
Ave.
(
SIMKoNS & WHITE, INt:
Engineers. Planners · Consultants
6/7C
~ Z7:~~8
~ Z80
20'70
3q 048
46,000
Su/YJ/YJ/ r D/C.
V)
\f)
lU
~
\{)
':(
\)
\.\
Z3, /50
Z80
o
Z .3, 4 :3 0
4-5, 000
.....--.
()
.......
\::,
LcGcA-/O ~/GUeE /
Z3, /50 /994//995 ..4ADT
;?CjO P.eOJ€Cr ASS/C7A//YJ€.ur
o t3AC~G~UA./.o TeA~r/C
23,4-80 -rOTAL 7eA,r~/C
~5; 000 ,,4LJOP7eO rHee..:5#c)~C> VZJt..U/>1€
L4~e ..z:DA
(30)
/CD.
(cpo)
(ZL
(30) LESS T#~A/ /% -4SS/oA./h'7c,uT
tJ//Ee 7z /J1?/~~ ~RC)M .s/T~
ISLeS /-9T #v,ur€R:5 RUA./ ~~,<.
,e.r=Ae" 95- 9/ 9- 25-.9S-
4623 Forest Hill Boulevard, Suite 112, West Palm Beach, F!orida 33415
Telephone (407) 965-9144
SIMKoNS & WHITE, IN~
Engineers. Planners · Consultants
t':.EOCMO
c/07' /3.94//9.35 4vC;. ~/7? r='~ #..e: VOLU/Yl€
Z3 //RCJJECT ~SS /GA.//YJcA../r
o 8;4C-t::' G EZJ UA/..o ;7 eA...c,;t::" /C
2/ 3 Co 70T/9L ~/YJ. p/G HR. TR~",c".c-/C
4 / 00 p~ hI'€ 5TAA/O~eo
GOLr:- eo. / 5&
"
"
~
~
~
~
~
SITe:
5U/YlMI/ o,e.
V\
'"
~
~
~
'\J
IOA
Zgeo .4ve.
z
252/
30
1~8
Z73~
4/00
2/07'
Z!3
t)
Z/3CD
4/00
RLJ,
(ZL
~
,c/GuetE Z
..zSLc:5 AT HUA../TeeS euA.../ Pv.f:,
.;e,:,e 95- ~I ~-Z5-.:35
4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415
Telephone (407) 965-9144
. (
--
Engineers. Planners · Consultants
SIMKoNS & WHITE, INC:
6/Te
\ij
~
tJ(o) 3Z(Z/) ~
~ L ~
~
I I
M ~ u(/~)
(/I)
a~ f 11(3fj) V)
~
15(/~)
1M ~
(/0) ~
6U/YJ/YJIT De I VtE' ~
\)
\)
PEA/~ Houe /uRA//,uG /,/OLt//YJ€5
L.c=GE,uO
.5 4/Yl. pe.HR.{/aLUh7€
(/9) /?ffJ. ~~ /-/R. V'OLUn?€
fSLes AT #uA./rER5 RUff ~t/,LJ
,e."c ,e 95 - :3 I ~- Z:5 - 9<<S
4623 Forest Hill Boulevard, Suite 112, West Palm Beach, ~Iorida 33415
Telephone (407) 965-9144
.'-
RECREATION & PARK MEMORANDUM #96-355
TO:
Tambri Heyden, Planning & Zoning Department
John Wildner, Parks SUPerintenden~
Isles of Hunter's Run - Recreation Dedication Requirement
FROM:
RE:
DATE:
July 30, 1996
r .
lli @ ~ n \in ,.}
5 G'. .~ II \il :~' c'.'
rno -?~. '.-i?-,__..~_;_..,. '. i: :
o '''I'
I' '.' ,
! I 0 1("16 l ~. U I
"'L' 4.
Ju J .....
PLANNING AND
ZONING DEPT.
This memo is to confirm that the Isles of Hunter's Run has met the recreation dedication requirements
through previous dedication as a part of the original Hunter's Run development. This project may
continue through the normal review process.
JW
. '--~
rn
rn ~ rn ~ \fl ii I,,:
. 11111
JuL J 0 IS~S ~
RECREATION & PARK MEMORANDUM #96-355
PLANNING AND
ZONING DEPT.
TO:
Tambri Heyden, Planning & Zoning Department
John Wildner, Parks SUPerinrenden~
Isles of Hunter's Run - Recreation Dedication Requirement
FROM:
RE:
DATE:
July 30, 1996
This memo is to confirm that the Isles of Hunter's Run has met the recreation dedication requirements
through previous dedication as a part of the original Hunter's Run development. This project may
continue through the normal review process.
JW
..JI)
.,9t
Q
II
tI
TO:
FROM:
DATE:
RE:
Mike Haag, City of Boynton Beach Planning Department
Ron Last
July 30, 1996
THE ISLES AT HUNTERS RUN
L.N. & W. PROJECT NO. A013
Please find the enclosed responses to your comments regarding the third review of
the above referenced project:
1.
o ~ ~~0P \'"r
~. ~~
{. k,t- ~"
;? ~~
~'J
~v
\L.' 2 IL
bl\ . V.,--
V ....Joooo"
)0 I '
aflj./ }C\u
'( .~
/l(.,t- , t--'
? ~/'
\~
It is recommended that Section 6 of Article VI\I of the Declaration of Covenants
and Restrictions for Isles at Hunters Run be modified by omitting the text that
identifies the specific setbacks approved for the project. Insert language i the
document referencing that the building, pool and screen roof enclosure
setbacks are listed on the City approved master plan for Isles at Hunters Run.
Also indicate in the document that all other improvements, not identified on the
master plan, shall comply with the regulations of the City of Boynton Beach
Code of Ordinances. Stating in the Home Owners' Association documents that
the setbacks are established on the master plan rather than identifying the
setbacks in the document, will eliminate a contact if the setbacks are changed
in the future.
See attached revised H.O.A. document.
provide verification that the recreation fee for 1.008 acres has been submitted
to the Development Department.
The Parks and Recreation Department is to contact your office that this
condition has been satisfied.
Specify on the construction plans the type of finsh and color of the retaining
wall found on Sheet 6 of 6 of the paving, grading and drainage improvements
plans, dated April 17, 1996.
3.
e ~, ( 'X'V~)
-!t? \)
'-l' ~ ~ ~~
~ ~ \'"
o \0 0 l,'\P-v See revised construction plans.
(;, ~ / } \,}I "I()
) "\" II"
~\ ~fJ JHJ\LAND\A013\HAAG.730
_ _ ""-I.&.J . Y USJ--"""
""'M Ii 1996
CITY MANAGEIlS OfFtC[
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96~
'-:? 'J 7
FROM:
William Hukill
City Engineer
Tambri J. HeYden~
Planning and zoning,p~ector
Michael E. Haa~~~~
Current Planning'tyordinator
March 8, 1996
TO:
THRU:
DATE:
SUBJECT:
Isles at Hunters Run - Review of plat documents
File No. PLAT 95-010
Please be advised of the following comments regarding the second
review of the above-referenced request:
fJ/b.
1.
The master plan shall receive unconditional sign-off by all
Technical Review Committee members.
'n
I.Jo;.-'
10'"
tJ~Jj2D 2 .
Modify the paving and drainage plans and, where applicable,
the water & sewer plans and plat drawings to show a
handicapped adaptable parking space at the guardhouse
or
provide legal verification that the proposed Tract "A" of
Isles at Hunters Run is tied to Tract "X" of Summit Plat No.
1 (P.B. 36,pgs. 48-51) and further verify that there is at
least one (1) surplus parking space located at the existing
gate house site (located in Tract "X") to accommodate the
parking need for the new gate house.
3. It is recommended that Section 6 of Article VIII of the Home
Owners Association (H.O.A.) documents be modified by omitting
the text that identifies the specific setbacks approved for
the project. Insert language referencing the setbacks listed
on the City approved master plan for Isles at Hunters Run,
which governs the location of the buildings, pools and screen
roof enclosures within the project and that other improvements
not identified on the master plan shall follow the regulations
of the City of Boynton Beach Code of Ordinances. It is
believed, stating in the H.O.A. documents that the setbacks
are established on the master plan rather than identifying the
setbacks in the document, will eliminate a conflict if the
setbacks are changed in the future.
4. A recreation fee for 1.008 acres is required.
5 .
....
A resolution regarding the lack of landscaping in the
landscape easement along the south and west property lines,
which is contrary to City Commission approval, is pending.
,/
l\IlEH : dim
xc: Central File
a:PlatIsle.2
Wi':OIl- ,;
/--
q.~'.J'VII ,j.y/:Z
I-:-~ ,
('~~ '.~'
A. 2,750 square feet - for a I-story residence
B. 1,400 square feet - for a 2-story residence
(exclusive of open or screen or roofed porches, terraces, patios and garages), and shall not
exceed two stories and twenty-five (25') feet in height, shall have a private and enclosed garage
for not less than two (2) cars. Whether a one (1) story or two (2) story dwelling, no residence
shall contain less than 2,750 square feet of livable enclosed floor area (exclusive of open or
screen or roofed porches, terraces, patios, and garages.) Unless approved by the ARB as to use,
location and architectural design, no garage, tool or storage room may be constructed separate
and apart from the residential dwelling, nor can any such structure(s) be constructed prior to
construction of the main residential dwelling.
3. Roof: The composition of all pitched roofs shall be tile, cedar shake shingle, slate
or other composition approved by the Architectural Review Board. The minimum pitch of each
roof shall be six (6) to twelve (12).
4. Garages: In addition to the requirements stated in Paragraph 1 hereinabove, all
garages shall have a minimum width of twenty (20') feet for a two-car garage, thirty (30') feet
for a three-car garage, or fony (40') feet for a four-car garage, measured from the inside walls
of the garage. All garages must have either a single overhead door with a minimum door width
of sixteen (16') feet for a two-car garage, or two (2) sixteen (16') foot doors for a four":car
garage, or two, three, or four individual overhead doors, each a minimum of eight (8') feet in
width, and a service door. No carports shall be pennitted.
5. Drivewav Construction: All dwellings shall have a paved driveway of stable and
pennanent construction, with a minimum width at the entrance to the garage at least two (2 ') -
feet wider than same and designed to provide easy access thereto. Unless prior approv~l is
obtained from the ARB, all driveways must be constructed with concrete or other impervious
material, except asphalt.
6. Set-backs: Each sL"1gle-famiIy residence shall be set back twenty-five (25') feet
from any street, seven and one-half (7 1/2') feet from the side of each Lot (not facing a street),
and twenty-five (25') feet from the rear of each Lot. Swimming pools, spas, jacuzzis, hot-tubs
and the like, as well as screened enclosures, shall be set back ten (10') feet from the rear of each
Lot.
7. Games and Play Structures: All basketball backboards and any other fixed games
and play structures shall be located at the rear of the dwelling, or on the inside portion of comer
Lots within the setback lines. No platfonn, dog house, playhouse or structure of a similar kind
or nature shall be constructed on any part of a Lot located in front of the rear line of the
residence constructed thereon, and any such structure must have prior approval of the ARB.
8. Fences and Walls: The composition, location and height of any fence or wall to
be constructed on any Lot shall be subject to the approval of the ARB. The ARB shall require
the composition of any fence or wall to be consistent with the material used in the surrounding
homes and other fences.
GAl: 113793.00:0 J I :-:7'.0 I 04%
12
C';.
r.-..,
( :
9. Landscaping: All Lots are required to have installed a standard underground
sprinkler system which irrigates and maintains the entire Lot, including the portion of the Lot
between the street pavement and the right-of-way line and/or the sidewalk. Full sodding shall
be required in all yards.
10. Swimming Pools and Tennis Courts: Any swimming pool or tennis court to be
constructed on any Lot shall be subject to the requirements of the ARB, which shall include, but
shall not be limited to, the following:
A. Composition shall be of material thoroughly tested and accepted by the
industry for such construction;
B. No screening of pool area may stand beyond a line extended and aligned
with the side walls of the dwelling unless approved by the ARB;
C. Pool screening shall not be visible from the street in front of the dwelling
unless approved by the ARB;
D. Location and construction of tennis or badminton courts must be approved
by ARB;
E. Any lighting of a pool or other recreation area shall be designed so as to
buffer the surrounding residences from the lighting.
If one owner elects to purchase two (2) adjoining Lots and use one for recreation
purposes, the Lot used for recreation purposes must be adequately screened by landscaping
and/or walls or fences on both the front and side as required by the ARB. It shall be the intent
of the ARB to screen any such use from public view.
11. Window Air ConditioninS?: Units: No window or wall air conditioning units shall
be permitted without approyal of the ARB.
12. Mailboxes: No mailbox or paperbox or other receptacle of any kind for use in
the delivery of mail or newspapers or magazines or similar material shall be erected on any Lot
unless and until the size, location, design and type of material for said boxes or receptacles shall
have been approved by the ARB. If and when the United States Mail Services or the newspaper
or newspapers involved shall indicate a willingness to make delivery to wall receptacles attached
to dwellings, each property owner, at the request of the ARB, shall replace the boxes or
receptacles previously employed for such purpose or purposes with wall receptacles attached to
dwellings.
13. Utilitv Connections: Building connections for all utilities including, but not
limited to, water, electricity, telephone and television shall be run underground from the proper
connecting points to the building structure in such a manner to be acceptable to the governing
utility authority.
CAX 113793.lIaX1 J I =77\0 10496
13
.
. '
f"";";
0:..-'"
14. Docks. Boat Houses. Waterfront Construction. Boats and Shore Contours: No
docks, seawall or bulkheads, moorings, piling, boat houses or boat shelters of any kind or any
construction shall be erected on or over waterways of and within the Properties without the prior
written consent of the Association and the Master Association, which consent may be withheld
in their sole discretion. The area, if any, between the rear lot line of any Lot and the water's
edge of any lake or other water body shall be landscaped, sodded and maintained by the Owner
of said Lot as if said area were a portion of the Lot owned by said Owner.
15. Exterior Appearances and Landscaping: The paint, coating, stain and other
exterior finishing colors on all buildings shall be maintained as originally installed by the
Developer without the necessity for obtaining the prior approval of the Architectural Review
Board, but prior approval by the Architectural Review Board shall be necessary before any such
exterior finishing color is changed. The landscaping, including, without limitation, the trees,
shrubs, lawns, flower beds, walkways and ground elevations, shall be maintained, as originally
installed by the Developer, unless the prior approval for any substantial change is obtained from
the Architectural Review Board.
ARTICLE IX.
GE~r:RAL RESTRICTIVE COVENANTS
1. Boats and Motor Vehicles: No trucks or commercial vehicles, campers, mobile
homes, motor homes, boats, house trailers, boat trailers, or trailers of every other description
shall be permitted to be parked or to be stored at any place on any Lot, except only during the
periods of approved construction on said Lot, and except that they may be stored within garages.
The term commercial vehicle, for Lhe purpose of this paragraph 1, shall include all automobiles,
trucks and vehicular equipment, including station wagons, which bear signs or shall be printed
on the same or some reference to any commercial undertaking or enterprise, or vehicles of ~ore
than six (6') feet in height or twenty-five (25') feet in length. No maintenance or repairs shall
be performed upon any boat or motor vehicle upon any Lot, except within a building where
totally isolated from public view.
2. Automobile Storage Areas: No automobile garage shall be permanently enclosed
or converted to other use without the substitution of another enclosed automobile storage area
upon the Lot.
3. Garbage and Trash Containers: No Lot shall be used or maintained as a dumping
ground for rubbish, trash or other waste. All trash, garbage, and other waste shall be kept in
a sanitary container and, except during pick,llp, all containers shall not be visible from adjoining
Lots or public areas.
4. Temporary Structures: No structure of a temporary character, whether a trailer,
mobile home, recreational vehicle, tent, shack, garage, barn, or other such building, shall be
placed on any Lot at any time, provided, however, a temporary storage or out-building for
materials and supplies may be used in connection with and during the construction of a dwelling
and shall be removed immediately upon the completion of such construction; and further
CAlC 113m. <XX>> .512'"7\010096
14
f'" ,
i.: ..:..
'~':.>
I .
'... ..-J
provided that any Lot may be used by Developer as a sales office and/or storage area for
materials and equipment during the development of the Properties. .
5. Artificial Vegetation: No artificial grass, plants or other artificial vegetation shall
be placed or maintained upon the exterior portion of any Lot, unless approved by the ARB.
6. Clothes Drying Area: No portion of any Lot shall be used as a drying or hanging
area for laundry of any kind, it being the intention hereof that all such facilities shall be provided
within the building to be constructed on a Lot.
7. Animals: No animals, livestock or poultry of any kind shall be raised, bred, or
kept on any Lot, except that dogs, cats and other household pets may be kept on Lots, so long
as they are not kept, bred or maintained for commercial purposes. No pets shall be permitted
to roam-unattended away from the Lot on which it is kept. The keeping of pets shall be subject
to all rules and regulations which may be adopted by the Association.
8. Outside Transmitters and Receivers: Radio, television, and other types of
electronic antennas, aerials or satellite dishes used for the transmission or receiving of electronic
signals shall not be erected or mail1.tained on the Properties, provided, however, the Developer,
its successors and assigns, including, but not limited to, the Association, reserves the right to
erect and maintain such antennae, aerial, and/or satellite dishes upon the Properties or the
Common Areas for the common use and enjoyment of the Owners.
9. Nuisances: Nothing shall be done or maintained on any Lot which may be or
become an annoyance or nuisance to the neighborhood or to any Ou.1er Lot Owner. In the event
of a dispute or question as to what may be or become a nuisance, such dispute or question shall
be submitted to the Board of Directors, which shall render a decision in writing, which decision
shall be dispositive of such dispute or question.
10. Oil and Mining Operations: No oil drilling, oil development operations, oil
refining, quarrying or mining operations of any kind shall be permitted upon or in the
Properties, nor shaH oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon
or in the Properties. No derrick or other structure designed for use in boring for oil or natural
gas shall be erected, maintained or permitted upon any portion of the Properties.
11. Signs: Except in connection with development or sales of Lots by Developer, its
agents or assigns, no signs, advertisement or notices of any kind shall be displayed to the public
view on any Lot; provided, however, that each Owner may display on the day(s) of showing
only, one (1) professionally designed and prepared Open House sign of not more than two (2)
square feet for the purpose of resale of the Lot; provided, however, such sign complies with the
Master Declaration.
12. Ordinances: No immoral, improper, offensive or unlawful use shall be made of
any Lot, dwelling house, or other improvements and all valid laws, zoning ordinances and
regulations of all governmental bodies having jurisdiction shall be strictly observed.
CAK 1\3793. ocw J 1!17I0100<)6
15
r:z-,.,
....-_..-~.~
;.. . .~
13. Weeds and Underbrush: No weeds, underbrush or other unsightly growths shall
be permitted to grow or remain upon any Lot, and no refuse pile or unsightly objects shall be
allowed to be placed or suffered to remain anywhere thereon; in the event that any Owner shall
fail or refuse to keep the Owner's Lot free of weeds, underbrush or refuse piles or other
unsightly growths or objects, then the Association may enter upon said Lot and remove the same
at the expense of the Owner, and such entry shall not be deemed a trespass. Provided, however,
that any portion of the Properties not yet developed by the Developer shall be maintained in a
clean condition, but shall not be expected to be maintained in a manicured condition.
ARTICLE X.
SALE. RENTAL AATO OTHER ALIENATION
In order to maintain a community of congenial residents who are financially responsible
and thus protect the value of the Lots, the transfer of a Lot by any Owner other than the
Developer shaH be subject to the following provisions, which provisions each Owner covenants
to observe:
1. Transfer Subiect to Approval:
A. Sale or Lease: No Owner may transfer a Lot or any interest in a Lot by
sale or lease without written approval of the Association. Each Lot may be leased only one (1)
time during each calendar year, and each lease shall be for a term of not less than six (6)
months .
B. Corporations. Partnershios and Trusts: Changes of beneficial ownership
of a Lot through sale or acquisition of stock in a corporation, change in corporate officers,
change in rights in a partnership or trust shall constitute a transfer, and occupancy and
continuance of ownership of the Lot shall be subject to approval of the Association. If a LOt is
owned by two (2) or more persons or by a corporation, partnership, trust or other entity, the
Owner(s) shall designate one (1) family as the resident of the Lot, and other occupants shall be
treated as lessees or guests.
C. Application Form and Fee: All applications for approval of transfer shall
be submitted to the Association on the form prescribed by the Association. A processing fee of
Fifty Dollars ($50.00) may be charged to the transferor of the Lot, which fee shall accompany
the application. This fee may be increased or decreased at any time, in the discretion of the
Association.
.~~ .
2. Aoproval of the Association: The approval of the Association that is required for
the transfer of ownership of Lots shall be obtained in the following manner:
A. Sale or Lease: A Lot Owner intending to make a bona fide sale or lease
of the Owner's Lot, or any interest in it, shall give to the Association notice of such intention,
in writing, together with the name and address of the intended purchaser or lessee and such other
information concerning the intended purchaser or lessee as the Association may reasonably -
require, together with an executed copy of the proposed sales contract or lease.
GAK1\3793 cxmJt=7710100~
16
"
, '
. .
B. Failure to Give Notice:If the above required notice to the Association is
not given, then, at any time after receiving knowledge of a transaction or event transferring
ownership or possession of a Lot, the Association, at its election and without notice, may
approve or disapprove the transaction or transfer of ownership. If the Association disapproves
the transaction or ownership, the Association shall proceed as if it had received the required
notice on the date of such disapproval. The Association may take such action at law and/or
equity to divest the unauthorized owner, lessee or occupant of record title and/or possession of
the Lot.
3. Certificate of Approval: Certificate of Approval shall be given in the following
manner:
A. Sale or Lease: If the proposed transaction is a sale or lease, then, within
thirty (30) days after receipt of such notice, completed application and other reasonably required
information, the Association must either approve or disapprove the proposed transaction. If
approved, the Board of Directors shall cause a Certificate of Approval to be executed by any
officer of the Association.
4. Exceptions: The foregoing provisions of this Article shall not apply to a gift,
devise, inheritance, or a transfer to or purchase by an institutional mortgagee that acquires its
title as the result of owning a mortgage upon the Lot concerned, and this shall be so, whether
the title is acquired by deed from the mortgagor, his successors or assigns, or through
foreclosure; nor shall such provisions apply to a transfer, sale, or lease by an institutional
mortgagee that so acquires its title. Neither shall such provisions require the approval of a
purchaser who acquires title to a Lot at a duly advertised public sale with open bidding provided
by law, such as, but not limited to, execution sale, foreclosure sale, judicial sale, or tax sale,
nor shall such provisions apply to any transfer by the Declarant.
5. Transfer Void: Any sale, lease, or other transfer not authorized pursuant to the
terms of this Declaration shall be void unless subsequently approved by the Association.
6. Gift. Devise or Inheritance: Other Transfers: Notwithstanding the foregoing, a..'lY
person who has obtained title by gift, devise or inheritance. or by any other manner not
previously mentioned. shall give the Association notice of the acquisition of title, together with
any other information as the Association may reasonably require, and a certified copy of the
instrument evidencing the individual's interest.
ARTICLE XI.
MASTER ASSOCIATION
I
1. Master Declaration: By taking title to a Lot, each Owner becomes subject to the
terms and conditions of the Master Declaration. Among other things, the Master Declaration
provides that an Owner shall become a member of the Master Association, and shall become
subject to the assessments of the Master Association, which assessments may be collected by the
Association upon the request of the Master Association.
GAX 1\3793 .lXW.512171O 10496
17
t".;;:::.i
1':-: ~. ....: .::;
F'.:.
c..:.:, _:"
2. Notice to the Master Association: Copies of amendments to this Declaration, the
Articles of Incorporation, and the By-Laws of the Association, and any easements or
conveyances affecting the Common Areas, shall be promptly forwarded to the Master
Association.
3. Membership in the Master Association: In accordance with the Master
Declaration, all Owners shall be members of the Master Association and shall comply with the
terms, conditions, covenants and restrictions as contained in the Master Declaration.
ARTICLE XII.
GENERAL PROVISIONS
1. Duration and Remedies for Violation: The covenants and restrictions of this
Declaration shall run with and bind the Properties, and shall inure to the benefit of and be
enforceable by the Developer, the Association, the Master Association or the Owner of any
Property subject to this Declaration, their respective legal representatives, heirs, successors and
assigns, for a term of fifty (50) years from the date this Declaration is recorded, after which
time said covenants and restrictions shall automatically be extended for successive periods of ten
(10) years each, unless an instrument signed by the then Owners of two-thirds (2/3) of the Lots
has been recorded, agreeing to change or terminate said covenants and restrictions in whole or
in part. Violation or breach of any condition, covenant or restriction herein contained shall give
the Developer and/or the Association, and/or the Master Association, and/or the Owner(s), in
addition to all other remedies, the right to proceed at law or in equity to compel compliance with
the terms of said conditions, covenants or restrictions, and to prevent the violation or breach of
any of them, and the expense of such litigation shall be borne by the then Owner or Owners of
the subject Lot, provided such proceeding results in a fmding that such Owner was in violation
of said Covenants or Restrictions. Expenses of litigation shall include reasonable attorneys' fees
incurred by Developer and/or the Association and/or Master Association in seeking such
enforcement.
2. Notices: Any notice required to be sent to any Owner under the provisions of this
Declaration shall be deemed to have been properly sent when mailed to the last known address
of the person who appears as Member or Owner on the records of the Association.
3. Severability: Invalidation of anyone of these Covenants and Restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full
force and effect.
.j'
4. Amendment: This Declaration may be amended at any time and from time to
time by the Association, upon the affirmative vote of two-thirds (2/3) of the Owners entitled to
cast a vote at a meeting of the Association, either in person, by proxy, or by absentee ballot,
provided that so long as the Developer is the owner of any Lot, no amendment will be effective
without the Developer's express written joinder and consent. Notice of any meeting at which
such amendment is to be considered shall contain a copy of the proposed amendment and shall
be given not more than ninety (90) days and not less than fifteen (15) days prior to the date of
such meeting. Any amendment made by the Association shall be executed by the President and
CAK 113m. CXXX1 j 1 :n\OI 0496
18
6?-.
.-~
.':' ......
. '.r ~,' .'
Secretary. Notwithstanding the foregoing, the Developer may amend or modify this Declaration
without the consent of the Owners, provided the Developer owns at least one (1) Lot.
5. Enforcement: Every Owner shall comply with the restrictions and covenants set
forth herein and any and all rules and regulations from time to time adopted by the Board of
Directors of the Association. The covenants and restrictions contained in this Declaration may
be enforced by the Developer, the Association, the Owners, and by any institutional first
mortgagee in any judicial proceeding seeking any remedy recognizable at law or in equity,
including an action or suit seeking damages, injunction, specific performance, or any other form
of relief, against any person, firm or entity violating or attempting to violate any covenant ~r
restriction herein. The failure by any party to enforce any covenant or restriction contained
herein shall in no event be deemed a waiver of such covenant or restriction or of the right of
such party to thereafter enforce such covenant or restriction. The prevailing party in any such
litigation shall be entitled to reasonable attorneys' fees and court costs at all trial and appellate
levels. In addition to all other remedies, in the sole discretion of the Board of Directors, a fine
or fmes may be imposed upon an Owner for failure of an Owner, his family, guests, invitees,
tenants, or employees to comply with any covenant, restriction, rule or regulation contained
herein or promulgated pursuant hereto, provided the procedures as set forth in the By-Laws of
the Association are adhered to.
6. Indemnification: The Association covenants and agrees that it will indemnify and
hold harmless the Developer and the Master Association from and against any and all claims,
suits, actions, causes of action and/or damages arising from any personal injury, loss of life,
and/or damage to property sustained on or about the Common Areas and from and against all
costs, expenses, counsel fees, expenses and liabilities incurred by the Developer and t.'I)e Master
Association arising from any such claim, the investigation thereof, or the defense of any action
or proceeding brought thereon, and from any and against any orders, judgments and/or decrees
which may be entered thereon. The Association shall also indemnify the Developer and the
Master Association for any expense the Developer and the Master Association may incur in
bringing any suit or action for the purpose of enforcing the rights of the Developer and/or by
the Master Association under this Declaration or of compelling the specific enforcement of the
terms, conditions and covenants contained herein to be kept or performed by the Association or
the Owners. The costs and expenses of fulfilling the covenant of indemnification set forth in this
Paragraph 6 shall be an expense of the Association.
7. Captions: Articles and paragraph captions inserted throughout this Declaration
are intended only as a matter of convenience and for reference only and in no way shall such
captions or heading define, limit or in any way affect any of the terms or provisions of .this
Declaration.
. j
8. Usa2:e: Whenever used, the singular shall include the plural and the singular, and
the use of any gender shall include all genders.
GAIC rJm. occo..s: ~n..OI04'l6
19
I"';'~
,..-......
~
t:--:.JC"",:
~ ;~,
9. Effective Date: This Declaration shall become effective upon its recordation in
the Public Records of Palm Beach County, Florida.
IN WITNESS WHEREOF, the Developer has executed these presents as of the day and
year first above written.
Signed, sealed and delivered
in the presence of:
HOl\1E DEVELOPl\1ENT OF HUNTERS
RUN LTD., a Florida Limited Partnership
By:
Print Name:
Address:
Print Name:
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _ day of
, 199_, by , as
of
My commission expires:
. NOTARY PUBLIC, STATE OF FLORIDA
Print Name:
:,;!,
CAlC 1'.3193. D:XXl\51277\O 104CJl\
20
I.~:
t . ~ ',' w"
(::;;
r' '...'"
. .
ARTICLES OF INCORPORATION
THE ISLES AT HUNTERS RUN HOl\1EOWNERS ASSOCIATION. INC.
A FLORIDA CORPORATION NOT-FOR-PROFIT
In order to form a corporation not-for-profit under and in accordance with the provisions
of Chapter 617 of the Florida Statutes, the undersigned hereby incorporate, by the Articles of
Incorporation of THE ISLES AT HUNTERS RUN HOMEOWNERS ASSOCIATION, INC.
(hereinafter the n Articles"), this corporation not-for-profit for the purposes and with the powers
set forth herein. The undersigned, for the above-stated purposes, certify as follows:
ARTICLE I.
DEFTh1TIONS
1. All terms which are defined in the Declaration of Covenants and Restrictions for
The Isles at Hunters Run (hereinafter the "Declaration") shall be used herein with the same
meanings as defined in said Declaration.
2. "Corporation" as used herein shall mean THE ISLES AT HUNTERS RUN
HOMEOWNERS ASSOCIATION, INC., a Florida corporation not-for-profit, the corporation
formed by these i\rticles, its successors or assigns. The Corporation is not a condominium
association.
ARTICLE II.
NAME AND INITLU PRINCIPAL OFFICE
The name of this Corporation shall be THE ISLES A T HUNTERS RUN
HOMEOWNERS ASSOCIATION, INC. , hereinafter sometimes referred to as the "Association n .
The initial principal office of the Association is located at
or at such other location from time to time as the Board
of Directors may deem advisable.
ARTICLE III.
PURPOSE
The Association does not contemplate pecuniary gain or profit from the Members thereof,
and the general nature, objects and purposes of the Association for which it is formed are as
follows:
1. To promote the health, safety, and social welfare of the Owners of Property
within that area referred to as THE ISLES AT HUNTERS RUN in the Declaration of Covenants
CAK 1\]1'93 00>>.51 ~710 104\16
1
f"..
\...'... ...
and Restrictions for The Isles at Hunters Run recorded or to be recorded in the Public Records
of Palm Beach County, Florida.
2. To maintain and/or repair landscaping in the general or common areas, structures,
and other improvements in THE ISLES AT HUNTERS RUN for which the obligation to
maintain and repair has been delegated and accepted.
3. To control the specifications, architecture, design, appearance, elevation and
location of and landscaping around all buildings and improvements of any type, including walls,
fences, swimming pools, screened enclosures, antenna, sewers, drains, disposal systems, or
other structures constructed, placed or permitted to remain in THE ISLES AT HUNTERS RUN,
as well as any alteration, improvement, addition and/or change thereto, whether the same is
owned by a Member or is considered to be a portion of the Common Area.
4. To provide for private security, and such other services, the responsibility for
which has been or may be accepted by the Association, and the capital improvements and
equipment related thereto.
5. To provide, purchase, acquire, replace, improve, maintain and/or repair such
buildings, structures, street lights and other structures, landscaping, paving and equipment, both
real and personal, related to the health, safety and social welfare of the Members of the
Association, as the Board of Directors in its discretion determines necessary, appropriate and/or
convenient.
6. To operate without profit for the sole and exclusive benefit of the Association's
Members. No part of the Association's net earnings, if any, shall inure to the benefit of any
Member of the Association or any individual person, firm, or corporation.
7. To administer and enforce all of the terms and conditions of the Declaration
recorded or to be recorded in the Public Records of Palm Beach County affecting the real
property therein described or thereafter made subject to the Declaration.
8. To perform all of the functions contemplated for the Association and undertaken
by the Board of Directors of the Association, in the Declaration.
ARTICLE IV.
POWERS
:~~~
The Association shall have the following powers reasonably necessary to implement the
purposes of the Association, including but not limited to, the following:
A. To hold funds solely and exclusively for the benefit of its Members for
purposes set forth in these Articles of Incorporation.
B. To promulgate, adopt and enforce rules, regulations, By-Laws, and
agreements to effectuate the purposes for which the Association is organized.
CAK 11l793.00>>.51~ 71010496
2
,-::.....
t::'::'
C. To delegate power or powers where such is deemed in the interest of the
Association.
D. To purchase, lease, hold, sell, mortgage or otherwise acquire or dispose
of, real or personal property, except to the extent restricted hereby, to enter into, make, perform
or carry out contracts of every kind with any person, firm, corporation, association, or other
entity; to do any and all acts necessary or expedient for carrying on any and all of the activities
and pursuing any and all of the objects and purposes set forth in these Articles and not
prohibited by the laws of the State of Florida now in existence or hereafter amended.
E. To operate and maintain the Common Areas which may include but is not
limited to surface water management systems.
F. To fix, collect and enforce assessments to be levied against the individual
lots within THE ISLES AT HUNTERS RUN to defray expenses and the cost of effectuating the
objects and purposes of the Association, and to create reasonable reserves for such expenditures,
and to authorize its Board of Directors, in its discretion, to enter into agreements with
management companies and other organizations for the collection of such assessments.
G. To sue and be sued.
H. To charge recipients for services rendered by the Association and any user
for any use of Association property when such is deemed appropriate by the Board of Directors
of the Association.
I. To pay taxes, utility, maintenance, and other charges, if any, on or against
property owned or accepted by the Association.
J. To borrow money.
K. To contract for the management of the Association and to delegate to the
party with whom such contract has been entered the powers and duties of the Association except
those which require specific approval of the Board of Directors or Members.
L. To make, establish and enforce By-Laws and reasonable rules and
regulations governing the use of the Common Areas or any portions thereof, as well as the
conduct of Members, their family, visitors, guests, and lessees, and to provide for the operation
and formal administration of the Association. ,.
M. To exercise all of the powers and privileges and to perform all of the
duties and obligations of the Association and to enforce all the terms and conditions as set forth
in the Declaration, applicable to the Property and recorded or to be recorded in the Public
Records of Palm Beach County, Florida, and as the same may be amended from time to time
as therein provided, said Declaration, and all defined terms therein, being incorporated herein
as if set forth at length.
CAK 113m .00>>-51 ~7I0104'l6
3
~.,:'_..1
", '
\..;1:;:...""'
N. In general, to have all powers conferred upon a corporation by the laws
of the State of Florida, not in conflict with the terms of these Articles and the Declaration,
necessary to implement the purposes of the Association.
ARTICLE V.
:MEMBERS
1. "Developer", "Owner", "Lot", "Member" and any other defined terms used
herein, and elsewhere in these Articles, are used with the definitions given those terms in the
aforesaid Declaration.
2. The Members shall consist of the owners of Lots in THE ISLES AT HUNTERS
RUN, the Property comprising THE ISLES AT HUNTERS RUN being described in Paragraph
E of this Article, and all such owners of Lots shall be Members of the Association. There shall
be two (2) classes of Members, as follows:
A. Class A Members: Class A Members shall be all owners of Lots other
than the Class B Member. Owners of such Lots shall automatically become Class A Members
upon acquisition of fee simple title to a Lot at THE ISLES AT HUNTERS RUN and shall
terminate upon divestment of title to said Lot.
B. Class B Members: The Class B Member shall be HOME
DEVELOPMENT OF HUNTERS RUN LTD., a Florida Limited Partnership or its designee,
successor or assignee, as Developer of THE ISLES AT HUNTERS RUN. The .Class B
membership shall terminate upon conveyance of the last Lot owned by the Developer to a Class
A Member.
C. Change in membership will be established by recording in the pUblic
Records of Palm Beach County, Florida, a deed or other instrument establishing record fee title
to a Lot.
D. The share of a Member in the funds and assets of tJle Association cannot
be assigned, hypothecated, or transferred in any manner except as an appurtenance to a Lot.
E. THE ISLES AT HUNTERS RUN consists of that certain real property
situated in Palm Beach County, Florida, describe as (ollows:
(1) All of THE ISLES AT HUNTERS RUN, according to the ,Plat
thereof recorded or to be recorded in the Public Records of Palm Beach County, Florida.
i
(2) Such additional land as may be added by the Developer to the
scheme of the Declaration for THE ISLES AT HUNTERS RUN.
CAK 113m. 00>>.51 ~710104\16
4
'. .
,-:_~
~:.,.-.:.. ,
~.~.:... 'f
ARTICLE VI.
VOTING AND ASSESSl\1ENTS
1. Subject to the restrictions and limitations hereinafter set forth, each Member shall
be entitled to one (1) vote for each Lot in which such Member holds the interest required for
membership. When one or more persons ~old such interest or interests in any Lot, all such
persons shall be Members, and the vote for such Lot shall be exercised only by the one Member
who shall be designated in a written instrument, executed by or on behalf of all record owners
of such interest, filed with the Secretary of the Association. In no event shall more than one (1)
vote be cast with respect to any Lot. Except where otherwise required under the provisions of
these Articles, the By-Laws, the Declaration or by law, the affirmatIve vote of the Owners of
a majority of Lots represented at any meeting of the Members duly called and at which a
quorum is present, shall be binding upon the Members.
2. The Developer shall have the right to appoint a majority of the Board of Directors
so long as it owns at least one (1) Lot in THE ISLES AT HUNTERS RUN or until the
Developer turns over control of the Association to the Class A Members.
3 . Voting of the Members shall be in person or by proxy appointed by an instrument
in writing subscribed by the Member designated to vote as provided in paragraph 1 above, or
by written absentee ballot signed by a Member as duly designated to vote. '
4. The Association shall have the right to suspend any Member's right to vote (other
than the right of the Developer) for any period during which any assessment levied by the
Association against such Member's Lot shall remain unpaid for more than ten (10) days after
the due date for the payment thereof.
5. The Association shall obtain funds with which to operate by assessment of its
Members in accordance with the provisions of these Articles, the By-Laws, and the Declaration
relating thereto.
6. The By-Laws of the Association shall provide for annual meetings of Members,
and may make provision for regular and special meetings of Members in addition to the annual
meetings. The presence at any meeting of Members, in person or by proxy or by written
absentee ballot, of Members entitled to cast a majority of the votes of the entire membership
shall constitute a quorum for the transaction of business.
ARTICLE VII.
BOARD OF DIRECTORS
1. The property, business, and affairs of the Association shall be managed by a
Board of Directors. The first Board of Directors shall have three (3) members. As of the first
Annual Meeting of Members, the Board of Directors shall have five (5) members. So long as
Developer shall have the right to appoint a majority of the Board of Directors, Directors need
not be Members of the Association and need not be residents of the State of Florida; thereafter,
Directors shall be Members of the Association and residents of the State of Florida. There shall
CAK Illm.CXXX1.5I~71010496
5
I"::,:'~
':- \~~
be two (2) Directors elected by Members so long as the Class B Member has the right to appoint
a majority of the Board of Directors. Elections shall be by plurality Vote of a meeting at which
a quorum of the membership of the Association is voting in person, by proxy or by written
absentee ballot. At the first annual election of the Board of Directors, the term of office of the
elected Director receiving the highest plurality of votes shall be established at two (2) years; the
other elected Director shall serve for a term of One (1) year. In addition, the Class B Member
shall select two (2) Directors to serve for terms of two (2) years and one (1) Director to serve
for a term of one (1) year. Thereafter, as many Directors shall be elected and appointed, as the
case may be, as there are regular terms of office of Directors expiring at such time, and the term
of the Director so elected or appointed at each annual ejection shall be for two (2) years expiring
at the second annual election following their election, and thereafter until their successors are
duly elected and qualified, or, as to a Director elected by the Class A Members, until removed
from office with or without cause by the affirmative vote of a majority of the Class A Members.
Iu no event shall a Board member appointed by the Class B Member be removed except by
action of the Class B Member. Any Director appointed by the Class B Member shaIl serve at
the pleasure of the Class B Member, and may be removed from office, and a successor Director
may be appointed, at any time by the Class B Member.
2. The names aud addresses of the members of the flfst Board of Directors who shall
hold office until the flfst Annual Meeting of the Members and until their successors are elected
or appointed and have qualified, are as follows:
A.
B.
C.
If any of these original Directors shall resign before the flfst annual meeting, the
remaining Directors shall elect a successor to fill the vacancy. If a Director elected by the
membership shall for any reason cease to be a Director, the remaining Directors may elect a
successor to fill the vacancy for the balance of the unexpired term. ~:
A majority of the Directors in office shall constitute a quorum for the transaction of
business. The By-Laws shall provide for meetings of Directors, inclUding alUlUal meetings.
CAK Illm.am.51 ~710 10496
6
,.., .. r
.. .. /' .,
/"" '..
f' . .
\:.-."J~'.'
......~.....
t."'-i:.l
\"..;"',,,,,"'
ARTICLE XVll.
REGISTERED AGENT
That GARY A. KORN, Esquire, 20803 Biscayne Boulevard, Suite 200, Aventura,
Florida 33180, is hereby named Registered Agent for this corporation to be its agent and to
accept service of process within the State of Florida.
IN WITNESS WHEREOF, the undersigned incorporators have caused these Articles
to be executed by law this _ day of , 199_.
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
of
The foregoing Articles of Incorporation were acknowledged before me this
,199___,by and
day
My Commission Expires:
Notary Public, State of Florida
Print Name:
CAKIIl1'93.00>>" 1~7I0104'l6
11
Kilday & Assoclat..
landscape Architects/ Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(407) 689-5522 · Fax: (407) 689-2592
:UUl1I11
July 26, 1996
Mr. Mike Haag, Planning Coordinator
City of Boynton Beach
Planning and Zoning Department
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
Re: Isles at Hunters Run Master Plan
Approved by City Commission on November 7, 1995
Your File No. LUAR 95-005
Our Project No.: 1247.1
Dear Mr. Haag:
Please accept this letter as a request to modify the previously approved model locations.
The current lot locations are lot numbers 15, 16, 40 and 41. We would request that they
be relocated to lot numbers 6, 7, 48 and 49. Due to construction phasing and scheduling,
this new model location will allow for dry model construction to proceed without additional
unforseAn delays.
Thank you for your cooperation in this matter. Please feel free to contact this office if you
have any questions or require further information.
Sincerely,
JES/kfj
cc: Andrew Steinberg
Bill Hukill; Engineering Department, City of Boynton Beach
Ron Last; Lawson, Noble & Webb, Inc.
JES/kfj/dhaag.725
~
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-379
TO:
William Hukill
City Engineer ~)~I.-1.];tL
Tambrl J. Heyden, AICP f)h-.. '/ A ;t.;'
Plnnnlng and Zoning Dlrecto"'{-- tJ
Micbael E. H~~
Cnrrent Planning -Cfior
July 15, 1996
THRU:
Fl~OM:
DATE:
SUBJECT:
Isles at Hunters Run - Review of plat documents
File No. PLAT 95-010
Please be advised of the following comments regarding the third review of the above-
referenced request:
1. It is recommended that Section 6 of Article VIII of the Declaration of Covenants and
Restrictions for Isles At Hunters Run be modified by omitting the text that identifies
the specific setbacks approved for the project. Insert language in the document
referencing that the building, pool and screen roof enclosure setbacks are listed on
the City approved master plan for Isles at Hunters Run. Also indicate in the
document that all other improvements, not identified on the master plan, shall
comply with the regulations of the City of Boynton Beach Code of Ordinances.
Stating in the Home Owners' Association documents that the setbacks are
established on the master plan rather than identifying the setbacks in the document,
will eliminate a conflict if the setbacks are changed in the future.
2. Provide verification that the recreation fee for 1.008 acres has been submitted to the
Development Department.
3. Specify on th~ construction plans the type of finish and color of the retaining wall
found on sheet 6 of 6 of the paving, grading and drainage improvements plans,
dated April 17, 1996.
MEH:dim
xc: Central File
a:3rdlsle.Plt/Mfl4
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-708
"
TO:
William Hukill
City Engineer
THRU:
Tambri J. Heyden . I ~
Planning and Zoning (Di0ret!~~~
Michael ~
Current 'nator
DATE:
December 12, 1995
FROM:
SUBJECT:
Isles at Hunters Run - Review of plat documents
File No. PLAT 95-010
Please be advised of the following comments regarding the first
review of the above-referenced request:
1. The master plan shall be modified to receive unconditional
'sign-off by all Technical Review Committee members. Three
sets of the rectified master plan documents which show
compliance with the conditions of approval for the project are
required to be submit~ed to the Planning and Zoning
Department.
2. Please note that association documents are required for the
project. The documents are reviewed by staff and the legal
department and required prior to final plat approval.
[Land Development Regulations, Chapter 2.5 Planned Unit
Development, Section 2. D.]
3. Submit for review copies of the IILake Area Management Planll
and IIGeneral Maintenance Guidelinesll that are referenced on
the plat.
4. Show and label on the plat the common ground tract shown on
the site plan and the other infrastructure drawings in
Westlake Drive located in front of lots 1 and 2.
5. Modify the water and sewer plans, paving and drainage plans
and, where applicable, the plat drawings to show a handicapped
adaptable parking space at the guardhouse.
MEH:arw
a:PlatIsle.MEH
/.~_.
. /
... J' /
,/
,/
{D)mmmowrn~
lJl) DEe I 4 1995 ~
ENGINEERING
/
Page 5
Memorandum No. 95-706
Isles at Hunters Run
NWSP 95-010
28. The master plan shall be modified to receive unconditional
sign-off by all Technical Review Committee members. Three
sets of the rectified master plan documents which show
compliance with the conditions of approval for the project are
required to be submitted to the Planning and Zoning
Department.
29. Modify the color elevation view drawing (previously submitted)
of the guardhouse building to include a method of identifying
the type of exterior material(s) and color(s) of th.
material_. The color (s) by color name, color designation
(letters and/or numbers) and manufacturer of the color shall
be identifie~ on the color elevation drawing.
On sheets L-3 of 11, L-4 of 11, L-5 of 11 and L-6 of 11 remove
from the perimeter setbacks the following text II/Landscape
tractll, "10' Landscape Easement", II / Landscape Buffer with 51
Berm" and II / Landscape Tract & Berm". There is no
requirement to identify or have a landscape easement within
common ground or at the rear of the west lotB that do not have
a requirement for the installation of landscaping. Easements
in these areas may be removed from the site plan, master plan
and plat drawings.
MEH:dim
xc: Central File
C:ISLES.NSP
.'2 Jh- J~ /1 aj9s-
Ron, please add the following comment as a recommendation to my
plat comments (Planning and Zoning Department Memorandum No. 95-
708) :
There is not a city requirement to show or dedicate a landscape
easement along the east, north or west sides of the project. These
easements may be removed at your discretion.
~~
oe~ /4ul/Atl
/~//'I/9s
d~/~
(J 16M!: Ii- 00 -1'J}t..c ~ rT,kZrJ,~f)
C~)I'VI,Ai!^,r7P ~y }'t~r C4J""';Vl~Ncr
1U-6/YlO 9S - 7/.>~.
/J/#/,v,q
, .e/..t,
~r. :L. (A"t...^o 71.Jd,lrl/(.r;;I.:!) (~ ) (j-fy/f{
TV ~ t<J oS" ;.oYlf/j tJ II t-i/J(
.< '(prJI 1.c;LO~o/ (1U/J/'1't.'4...:;{//(J/Jit(.v)
/?.A.... I SI'I/'- / I
MICHAEL BEDZOW
GARY A. KORN
GARY L. BROWN
RICHARD C. WOLFE
PAUL R. LIPTON
GEORGE A. MINSK!
ALAN B. SCHNEIDER
DAVID C. JACOBSON
JENNIFER LEVIN
NEAL 1. SKLAR
MICHELE A. MARACINI
FLORENTINO L. GONZALEZ
JAN! KLINE SINGER
OF COUNSEL
MARCY S. REsNIK
BEDZOW, KORN & KAN, P. A.
ATTORNEYS AT LAW
SUITE 200 ~-
20803 BrSCA YNE BOiR
AVENTURA,FLOro ~
TELEPHONE (305) 9 . iio
r: \ I
mr&&&nwr2r~ \
n -
'U
U I . f I ()r>('
L 1.'.:i.~O I
ENGiNEERING-1 !
@ ~~ 0 w 1(1~.\
MAR?' . ..~~
REPLY To:
P.O. Box 8020
HALLANDALE, FLORIDA 33008
(BROWARD) (954) 523-6001
PLANN\NGEAp~TD !J t;.....
ZONING D ..-(}-YV
TELECOPIERS:
MAIN (305) 936-9502
REAL EsrATE (305) 932-6043
LITIGATION (305) 936-2795
ALAN J. KAN
(1947 - 1994)
March 20, 1996
Mr. Ken Hall
Engineering Aide
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Re: The Isles at Hunters Run Homeowners Association, Inc., a Florida corporation
not - for-profit
Our File No.: 3793.0000
Dear Mr. Hall:
Pursuant to your request, enclosed please find copies of the following:
1. Proposed Articles of Incorporation for The Isles at Hunters Run Homeowners
Association, Inc., a Florida corporation not-for-profit; and
2. Proposed By-Laws for The Isles at Hunters Run Homeowners Association, Inc.,
a Florida corporation not-for-profit.
Subsequent to the acquisition of title to the subject parcel of real property by Home
Development of Hunters Run, Ltd., a Florida Limited Partnership, we shall then provide, to
your attention, the Certification of Common Ownership with respect to the common areas within
The Isles at Hunters Run.
Thank you.
-~
~./ .
GAKlbak
56940
Enc.
i I
"-;'/71/011_
''),- ~I...:
TT:SrH S
L <{ 2 'f --rk l'j
l-\ t\ /'/1> . OG' l-ll- 6((90
C:.:S ~-r--':;- ..<.
l -_'
'.' \...::-,,"-, -l\ -:-:-~ G \-= ,=- t -..:::...:;::- LH (J I),--=l t'
~'- I..- I..- ~ . c .' I" -
1 ~ . -I -+,..\.:.::- ~t':;".,.' it\ \" ~ i ~. \~'::5\4 t,,:::. J ~~-
"\.'~~"'" -L. I"..... ''-c \ ()
bv-c
l.3--l:I.-.:):> ~v i;- ;:r....>(
l";'-.J c ~-'\ 5' i::: .
(Ji
I. .\-..~,
I 'V...... \. '"- ....
:,., (:~ ...
.,....... '--- -
L..::-: U'~ G r:/ l. G
,f ~ \.kS (~)QG{.3.. p~-c D~~
't
BY-LAWS OF
THE ISLES AT HUNTERS RUN HOMEOWNERS ASSOCIATION. INC..
A FLORIDA CORPORATION NOT-FOR-PROFIT
ARTICLE I.
DEFINITIONS
1. All terms used herein which are defmed in the Declaration of Covenants and
Restrictions for The Isles at Hunters Run (the "Declaration.) shall be used herein with the same
meaning as defined in said Declaration.
2. "Association" shall mean and refer to THE ISLES AT HUNTERS RUN
HOMEOWNERS ASSOCIATION, INC., a Florida corporation not-for-profit.
3. "Lot" shall mean and refer to any plot of land shown upon any recorded plat of
THE ISLES AT HUNTERS RUN in the Public Records of Palm Beach County, Florida, with
the exception of the Common Areas designated thereon.
4. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of the fee simple title to any Lot, but excluding those having such interest
merely as security for the performance of an obligation.
5. "Member" shall mean and refer to those persons entitled to Membership as
provided in the Articles of Incorporation and the Declaration and "Membership" shall mean all
of the Members. r-
ARTICLE ll.
LOCATION OF PRINCIPAL OFFICE
The principal office of the Association shall be located at
or such other place from time to time as the Board of Directors
may deem advisable.
ARTICLE Ill.
VOTING RIGHTS AND ASSESSMENTS
1. Membership: Every person or entity who is a record fee simple owner of a Lot,
including the Developer at all times as long as it owns any property subject to the Declaration
shall be a Member of the Association, provided that any such person or entity who holds
such interest only as a security for the performance of an obligation shall not be a Member.
Membership shall be appurtenant to, and may not be separated from, ownership of any Lot
which is subject to assessment.
2. Suspension of Voting Rights: Assessments and installments thereon not paid when
due shall bear interest from the date when due until paid at the rate set forth in the Declaration
and shall result in the suspension ~f voting privileges during any period of such non-payment.
CAK 113m. OOXlIS 11531 122895
1
Upon payment of such assessments and installments, voting privileges shall be automatically
restored. Non-compliance with the Declaration and Rules and Regulations promulgated and
adopted by the Board of Directors regarding the use of the Property subject to the Declaration
and the conduct of Members, their families, guests, invitees, and tenants shall result in
suspension of voting privileges during any period of such non-compliance.
3. Quorum: A majority of the Membership shall constitute a quorum, whether their
presence is in person, by proxy, or by written absentee ballot, to transact business at any
meeting of the Membership, and the action of the majority present at a meeting which a quorum
is present shall constitute the action of the Membership, unless otherwise provided in these
By-Laws, the Articles of Incorporation, or the Declaration.
ARTICLE IV.
BOARD OF DIRECTORS
1. Election: The Directors of the Association shall be elected at the Annual Meeting
of the Membership as specified in the Articles of Incorporation.
2. Nominations: The Developer shall, within forty-five (45) days of the date set for
the Annual Meeting of the Membership, notify the Secretary and the Nominating Committee of
the names of the Directors the Developer is appointing to the Board of Directors. Within forty
(40) days of such annual meeting date, the Nominating Committee shall notify the Secretary of
the names of the candidates nominated for election to the Board of Directors. The Nominating
Committee shall make as many nominations for election to the Board of Directors as it shall in
its discretion determine. In addition to nominations made by the Nominating Committee,
petitions for nominees shall be accepted if signed by two (2) Class A Members. Such petitions
shall be delivered to the Secretary within forty (40) days of the date set for the annual meeting.
Further, nominations from the floor at the annual meeting shall be accepted. All elections to the
Board of Directors shall be made on written ballots which shall (a) describe the vacancies to be
filled by Class A Members, and (b) set forth the names of those nominated for each vacancy by
the Nominating Committee or by petition for such vacancy and the names of those appointed to
the Board by the Developer. The Secretary shall prepare and mail or hand-deliver ballots to the
Members, along with a notice of the annual meeting at least ten (10) days, but not more than
thirty (30) days, in advance of the date set for the meeting.
3. Voting: Upon receipt of such ballots, the Members may, in respect to each
vacancy, cast as many votes for the persons nominated as they are entitled to exercise under the
provisions of the Articles of IncorporatiOn and these By-Laws. Voting shall be in person,
written absentee ballot, or by proxy appointed by an instrument in writing subscribed by the
Member designated to vote. The completed ballots shall be returned to the Secretary at the
address of the Association, or at such other address as designated upon each ballot. Upon receipt
of each ballot, the Secretary shall immediately place it in a secure place until the date of the
Annual Meeting of the Membership. At the annual meeting, the ballots, including those cast in
absentia, shall be turned over to an election committee which shall consist of three (3) Members
appointed by the Board of Directors or be counted by the Secretary if the Board has not
appointed an election committee. \
GAK I \3793.0000\512531122895
2
4. Commencement of Term: The Members of the Board of Directors elected or
appointed in accordance with the procedures set forth in thiS Article shall be deemed elected or
appointed as of the date of the Annual Meeting of the Membership.
5. Quorum: A majority of the Board of Directors in office shall constitute a quorum
to transact business at any meeting of the Board, and the action of the majority present at a
meeting at which a quorum is present shall constitute the action of the Bo~d of Directors, unless
otherwise provided in these By-Laws, the Articles of Incorporation, or the Declaration.
6. Removal: Any director may be removed from office at any time with or without
cause by a majority vote of the Association's Membership, except that the directors elected or
designated by the Class B Member may be removed only by the Class B Member.
7. Organizational Meeting: The first meeting of a newly elected Board of
Directors, for the purpose of organization and election of officers, shall be held immediately
after the Annual Meeting of the Membership, provided the majority of the Members of the
Board elected are present. Any action taken at such meeting shall be by affirmative vote of a
majority of the entire Board. If the majority of the Members of the Board elected shall not be
present at that time, or if the directors shall fail to elect officers, the meeting of the Board to
elect officers shall then be held within thirty (30) days after the Annual Meeting of the
Membership upon at least three (3) days' notice in writing to each Member of the Board elected,
stating the time, place, and object of such meeting.
8. Regular Meetings: Regular meetings of the Board of Directors may be held at
any place or places on such days and at such hrurs as the Board of Directors may, bysesolution,
designate. No notice shall be required to be given of any regular meeting of the Board of
Directors.
9. Special Meetings: Special meetings of the Board of Directors may be called at
any time by the President or by any two (2) Members of the Board. Notice of each special
meeting of the Board of Directors, stating the time, place, and purpose or purposes thereof, shall
be given by or on behalf of the Secretary, President, or Vice-President, or by or on behalf of
any two (2) Members of the Board to each Member of the Board not less than three (3) days by
mail or one (1) day by telephone or telegram. Special meetings of the Board may also be held
at any place and time without notice by unanimous waiver of notice by all the Directors. The
Board of Directors may act by unanimous written consent in lieu of a meeting.
10. Waiver and Consent: The transaction of any business at any meeting of the Board
of Directors however called and noticed, or wherever held, shall be as valid as though made at
a meeting duly held after regular call and notice, if a quorum is present and, if either before or
after the meeting, each of the Directors not present signs a waiver of notice or a consent to the
holding of such meeting, or an approval of the minutes thereof. All such waivers, consents, and
approvals shall be filed with the corporate records and shall be made part of the minutes of the
meeting.
\
GAKI13793.<XlOOIS 1253\ 1221l9S
3
11. Minutes: Minutes of all meetings of the Board of Directors shall be kept in a
businesslike manner and be available for inspection by Members at all reasonable times. The
Association shall retain the minutes of the meetings for a period of not less than seven (7) years.
ARTICLE V.
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
1. The Board of Directors shall be responsible for the affairs of the Association and
shall have all of the powers and duties necessary for the administration of the Association's
affairs and, as provided by law, may do all acts and things as are noted by the Declaration, by
the Articles of Incorporation, or by these By-Laws directed to be done and exercised exclusively
by the Members. In addition to the duties imposed by these By-Laws or by any resolution of
the Association that may hereafter be adopted, the Board of Directors shall have the power to
and be responsible for the following, by way of explanation, but not limitation:
A. Prepare and adopt an annual budget in which there shall be established the
contribution of each Member to the common expenses;
B. Establish, levy and assess, and collect the assessments necessary to operate
the Association and carry on its activities, and to create such reserves for extraordinary
expenditures as may be deemed appropriate by the Board of Directors;
C. Provide to the operation, care, upkeep, and maintenance of all areas which
are the maintenance responsibility of the AssN;iation~_
D. Call meetings of the Members;
E. Appoint and remove at pleasure all officers, agents, and employees of the
Association, prescribe their duties, fIx their compensation, and require of them such security or
fidelity bond as it may deem expedient. Nothing contained in these By-Laws shall be construed
to prohibit the employment of any Member, Officer, or Director of the Association in any
capacity whatsoever;
F. Designate, hire, and dismiss the personnel necessary for the operation of
the Association and, where appropriate, provide for the compensation of such personnel and for
the purchase of equipment, supplies, and material to be used by such personnel in the
performance of their duties;
G. Collect the assessments, deposit the proceeds thereof in a bank depository
which it shall approve, and use the proceeds to administer the Association;
H. Open bank accounts on behalf of the Association and designate the
signatories required;
\
GAK 1\3193.0000\5 1253\ 122895
4
I. Enforce by legal means (including, but not limited to, the imposition of
fines) the provisions of the Declaration, these By-laws, and the rules and regulations adopted by
it, and bring any proceedings which may be instituted on behalf of the Association;
J. Obtain and carry insurance against casualties and liabilities, as well as
directors' and officers' liability insurance and fidelity bond coverage, all as provided in the
Declaration, and pay the premium cost thereof;
K. Adopt and publish rules and regulations governing the use of the
Common Area and the personal conduct of the Members, their families, and their guests
thereon, and the supervision of such use;
L. Authorize and cause the Association to enter into contracts for the day to
day operation of the Association and the discharge of its responsibilities and obligations;
M. Exercise for the Association all powers, duties and authority vested in or
delegated to the Association except those reserved to Members in the Declaration or the Articles
of Incorporation of the Association.
2. It shall be the duty of the Board of Directors:
A. To cause to be kept a complete record of all its acts and corporate affairs.
B. To sUIJervise all Officers, agents and employees of this Association and
see that their duties are properly performed. ,-
C. With reference to assessments of the Association:
(1) To fix the amount of the assessment against each Member for each
assessment period at least thirty (30) days in advance of such date or period;
(2) To prepare a roster of the Members and assessments applicable
thereto which shall be kept in the office of the Association and which shall be open to inspection
by any Member;
(3) To send written notice of each assessment to every Member subject
thereto not later than fifteen (15) days after fixing the date of commencement thereof; and
(4) To issue or cause an appropriate officer to issue, upon demand by
any person, a certificate setting forth whether any assessment has been paid. Such certificate
shall be prima facie evidence of any assessment therein stated to have been paid.
D. With reference to fines levied by the Board, the Board shall not impose
a fine (a late charge shall not constitute a fine) unless and until the following procedure is'
followed:
\
GAK I 1]793.0000\5125]1122895
5
(1) Written demand to cease and desist from an alleged violation shall
be served upon the alleged violator specifying:
(a) the alleged violation;
(b) the action required to abate the violation; and
(c) a time period, not less than ten (10) days, during which the
violation may be abated without further sanction, if such violation is a continuing one, or a
statement that any further violation of the same rule may result in the imposition of a fme, if the
violation is not continuing. The Board or its designee may demand immediate abatement in such
circumstances which, in the Board's determination, pose a danger to safety or property.
(2) If the violation continues past the period allowed in the demand for
abatement without penalty, or if the same rule is subsequently violated, the Board may, upon
notice, impose a fme. The notice shall state:
(a) the alleged violation;
(b) that the alleged violator may, within ten (10) days from the
date of the notice, request a hearing regarding the fme;
(c) that any statements, evidence, and witnesses may be
produced by the alleged violator at the hearing; and
r'
(d) that all rights to have the fine reconsidered shall be waived
if a hearing is not requested within ten (10) days of the date of the notice.
(3) If a hearing is requested, it shall be held before the Board in
executive session, and the Member shall be given a reasonable opportunity to be heard. The
minutes of the meeting shall contain a written statement of the results of the hearing.
(4) In the event the Board shall impose a fine against the Member, the
amount of the fine shall be determined based upon the nature of the violation and shall be
imposed on a non-discriminatory basis. Fines shall be treated as an assessment otherwise due
to the Association, shall be paid no later than thirty (30) days after notice of the imposition or
assessment thereof, and shall be collected pursuant to provisions of Article V of the Declaration.
The imposition of fines pursuant hereto shall not be construed to be an exclusive right or
remedy; and the right to impose such fines shall exist in addition to all other rights and remedies
to which the Association may otherwise legally be entitled.
ARTICLE VI.
OFFICERS
1. The officers of the Association shall consist of a President, a Vice-President, a
Secretary and a Treasurer, each of\whom shall be elected by the Board of Directors at the annual
CAI< 113793.0000\512531 122895
6
meeting of the Board of Directors, which shall be held immediately following the Annual
Meeting of the Membership. Such other officers and assistant officers and agents as may be
deemed necessary may be elected or appointed by the Board of Directors from time to time. Any
two or more offices may be held by the same person provided, however, that neither the offices
of President and Vice-President, nor the offices of President and Secretary shall be held by the
same person. Any officer may be removed at any time by the affmnative vote of a majority of
the Board of Directors at any duly called regular or special meeting of the Board. Each officer
shall hold office until his successor shall have been duly elected and qualified.
2. The President shall be the chief executive officer of the Association. The President
shall preside at all meetings of the Members of the Association and of the Board of Directors.
He shall have the general powers and duties of supervision and management of the Association
which usually pertain to his office, and shall perform all such duties as are properly required of
him by the Board of Directors. The Board of Directors shall elect one Vice-President, who shall
generally assist the President and who shall have such other powers and perform such other
duties as usually pertain to such office or as are properly required of him by the Board of
Directors. In the absence or disability of the President, the Vice-President shall perform the
duties and exercise the powers of the President.
3. The Secretary shall issue notices of meetings of the Membership of the
Association and the Directors in accordance with law and these By-Laws. The Secretary shall
keep the minutes of the meetings of the Membership and of the Board of Directors. The
Secretary shall keep the records of the Association. The Secretary shall record in the book kept
for that purpose all of the names of the Members of the Association, together with their
addresses as registered by such Member. If the Board of Directors elects or appoints one or
more assistant secretaries, such assistant secretaries shall, in the absence or disability of the
Secretary, perform the duties of the Secretary in such order as shall be determined by the Board
of Directors.
4. The Treasurer shall have the care and custody of all the monies and securities of
the Association. The Treasurer shall enter on the books of the Association, to be kept by the
Treasurer for that purpose, full and accurate accounts of all monies received by the Treasurer
and paid by the Treasurer on account of the Association. The Treasurer shall sign such
instruments as require his signature and shall perform all such duties as usually pertain to such
office or as are properly required of the Treasurer by the Board of Directors. The Treasurer
shall cause an annual internal audit of the Association's book to be made at the close of each
fiscal year and shall prepare annual balance sheet and income statements. In the event the
Association enters into a management agreement, the duties and functions of the Treasurer may
be delegated to the managing agent to the extent such delegation is determined to be appropriate
by the Board of Directors.
5. Vacancies in any office arising from any cause may be filled by the Board of
Directors at any regular or special meeting of the Board of Directors.
6. The compensation, if any, of all officers and other employees of the Association
shall be fixed by the Board of Din~ctors.
GAK 113793.0000\512531 122895
7
ARTICLE YD.
MEETINGS OF MEMBERS
1. Annual Meetings: Each Annual Meeting of the Membership shall be held on the
second Tuesday of the month of December in each year at such time and place as shall be
determined by the Board of Directors, except that the Board of Directors shall have the right to
change the date of the Annual Meetings. The purpose of the Annual M~eting of Members shall
be to hear reports of the Officers, elect members of the Board of Directors, and to conduct any
other business authorized to be transacted by the Members.
2. Special Meetings: Special meetings of the Members for any purpose may be
called at any time by the President or the Vice-President. In addition, a special meeting of the
Members shall be called as directed by resolution of the Board of Directors or upon the written
request of the Members who have the right to vote one-third (113) of the votes of the Class A
Membership, except that a special meeting of the Members to recall or remove a Member of the
Board of Directors (other than a director elected or designated by the Class B Member) shall be
called either as directed by resolution of the Board of Directors or upon the written request of
the Members who have the right to vote one-fourth (1/4) of all the votes of the entire
Membership.
3. Notice of Meetings: Notice may be given to the Member either personally, or
by sending a copy of the notice through the mail, postage thereon fully paid, to his address
appearing on the records of the Association. Each Member shall register his address with the
Secretary, and notice of meeting') shall be mailed or hand-delivered to him at such address.
Notice of any meeting, regular or special, sMll be mailed or personally delivered at least ten
(10) days but not more than thirty (30) days in advance of the meeting and shall set forth the
general nature of the business to be transacted. Proof of notice of a meeting shall be given by
affidavit of the person giving the notice. The notice shall state the time and place of such
meeting and the object for which the meeting is called.
4. Waiver of Notice: Waiver of notice of a meeting of the Members shall be deemed
the equivalent of proper notice. Any Member may, in writing, waive notice of any meeting of
the Members, either before or after such meeting. Attendance at a meeting by a member,
whether in person or by proxy, shall be deemed a waiver by such Member of notice of the time,
date and place thereof, unless such Member specifically objects to lack of proper notice at the
time the meeting is called to order.
5. Quorum: The presence at the meeting of Members entitled to cast a majority of
the votes of the entire Membership shall constitute a quorum for any action governed by these
By-Laws. If a quorum is present, the vote of a majority of the Members who are present or
represented at the meeting and entitled to vote on the subject matter, shall be the act of the
Membership. However, if the subject matter is one which by express provisions of the Articles
or the Declaration requires a vote other than such majority vote, then such express provision
shall govern and control the required vote on the decision of such subject matter. Absentee
ballots received by the Secretary by the time of the meeting and Members present in person or
by a duly authorized proxy shall ~e used in determining a quorum.
GAK I \3793.0000I512531122895
8
6. Adiournment: If at any meeting of the Membership there shall be less than a
quorum present, the majority of those present may adjourn the meeting from time to time until
a quorum is present. Any business which might have been transacted at a meeting when
originally called may be transacted at, any adjournment thereof. In the case of the adjournment
of a meeting, no notice to the Members of such adjournment shall be required other than
announcement at the meeting of the time and place of the adjourned meeting.
7. Proxies: Voting rights of Members shall be as stated in the Articles. Such votes
may be cast in person, by proxy, or absentee ballot. "Proxy" is defmed to mean an instrument
containing the appointment of a person by a Member to vote for him and in his place and stead.
Proxies shall be in writing and shall be valid only for the particular meeting designated therein
and any adjournment thereof if so stated. A proxy must be filed with the Secretary before the
appointed time of the meeting or at the particular meeting in order to be effective. Any proxy
may be revoked prior to the time a vote is cast pursuant to such proxy. No one person shall be
permitted to hold more than five (5) proxies.
8.
follows:
Order of Business: The order of business at all annual meetings shall be as
A. Election of Chairman of Meeting;
B. Roll Call;
C. Proof of Notice of Meeting;
D. Adoption of Minutes of Previous Meeting;
E. Reports of Officers;
F. Reports of Committees~,-.
G. Election of Directors;
H. Unfinished Business;
I. New Business; and
J. Adjournment.
The order of business of all special meetings shall be as determined by the President of
the Association.
9. Rules of Order: Except as may be otherwise provided herein, Roberts Rules of
Order (latest edition) shall govern the conduct of all meetings of the Members of the Association
when not in conflict with the Declaration, the Articles of Incorporation, these By-Laws, or the
Statutes of the State of Florida.
10. Minutes of Meetings: Minutes of all meetings shall be kept in a businesslike
manner and shall be available for inspection by the Members at all reasonable times. The
Association shall retain the minutes of the meetings for a period of not less than seven (7) years.
\
GAK I 1379HOXl\5 I 253\ 122895
9
ARTICLE VID.
COMMITTEES
1. The Standing committees of the Association shall be:
The Nominating Committee
The Maintenance Committee
The Architectural Review Board (the "ARB")
Each committee, other than the ARB, shall consist of a chairman and two (2) or more Members
and shall include a Member of the Board of Directors. The Committees (except the ARB) shall
be appointed by the Board-of Directors within thirty (30) days after each annual meeting of the
Board of Directors, to serve until succeeding committee Members have been appointed. The
Board of Directors may appoint such other committees as it deems advisable.
2.
By-Laws.
The Nominating Committee shall have the duties and functions described in these
3. The Maintenance Committee shall advise the Board of Directors on all matters
pertaining to the maintenance, repair or improvement of the property in THE ISLES AT.
HUNTERS RUN, and shall perform or seek the performance of such other functions as the
Board in its discretion determines.
4. The Architectural Review Board shall have the duties and functions described in
the Declaration. "'.
ARTICLE IX.
BOOKS AND RECORDS
The books and records of the Association shall, during reasonable business hours, be
available at the office of the Association for the inspection of any Member of the Association
upon at least seven (7) days' prior written request given by such Member to the Association.
ARTICLE X.
CORPORATE SEAL
The Association shall have a seal in circular form having within its circumference the
words: "THE ISLES AT HUNTERS RUN HOMEOWNERS ASSOCIATION, INC.", a Florida
corporation not-for-profit.
ARTICLE XI.
FISCAL MATTERS
1. Fiscal Year: The fiscal year of the Association shall begin on the' first day of
January and end on the last day of December, provided, that the Board of Directors shall be
\
GAK IIlm. 0000I5 12531 12189S
10
authorized to change the fiscal year at such time and from time to time as the Hoard of Directors
shall deem it advisable.
2. Depositories: The funds of the Association shall be deposited in one or more
savings and loan associations or banks in Palm Beach County, Florida, under resolutions duly
approved by the Board of Directors, and shall be withdrawn only over the signature(s) of the
officer(s) authorized to withdraw funds by such resolutions.
3. Reports: The Board of Directors shall present at each annual meeting, a full and
clear statement of the business and condition of the Association.
ARTICLE XII.
AMENDMENTS: CONFLICT
1. Subject to the provisions of paragraph 2 hereof, these By-laws may be amended
at any regular or special meeting of the Members, by the affirmative vote of four-fifths (4/5) of
the entire Membership present in person or by proxy, or by written absentee ballot. The notice
of such meeting shall expressly state that such amendment will be considered at the meeting.
2. Notwithstanding anything to the contrary contained herein, no amendment to these
By-Laws shall be made without the written consent of the Developer for so long as the
Developer is the owner of any Lot.
3. A copy of these By-Laws and of any subsequent amendment thereof shall be
recorded among the Public Records of Palm .!leach County, Florida.
4. In case of any conflict between the Articles and these By-Laws, the Articles of
Incorporation shall govern and control. In case of any conflict between the Declaration and these
By-Laws, the Declaration shall govern and control.
IN WITNESS WHEREOF, We, being all of the Directors of the THE ISLES AT
HUNTERS RUN HOMEOWNERS ASSOCIATION, INC., a Florida Corporation, not-for-
profit, have hereunto set our hands this _ day of , 199_.
(CONTINUED ON PAGE 12)
\
CAK 11]793.0000\512531 122895
11
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _ day of
, 199_, by .
, , the Directors of THE ISLES AT
HUNTERS RUN HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation,
on behalf of the Corporation.
My commission expires:
NOTARY PUBLIC, STATE OF FLORIDA
Print Name:
. CERTIFICATION
I, the undersigned, do hereby certify that I am the duly elected and acting Secretary of
the THE ISLES AT HUNTERS RUN HOMEOWNERS ASSOCIATION, INC., a Florida
corporation not-for-profit, and, that the foregoing By-Laws constitute the original By-Laws of
said Association.~s duly adopted at a meetirm of the Board of Directors thereof, held on the
_ day of ,199_
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal
of said Association this _ day of , 199_
\
\
GAK 113793.0000\S 12S3\ 122895
12
._..--.-_.. ,-
I ..~--''''~
....:-.-' .J~'_"'_'w ..........,. "-,,,.
! :1 "1 ~
'II i,
1WW!
DEP ARTMENT OF DEVELOPMENT I L
ENGINEERING DIVISION MEMORANDUM NO. 96-004
PLANNN~ ;:D
ZON!NG DEPT......~,,_~_
TO:
Tambri 1. Heyden
Planning & Zoning Director
w,urIun ~ukill, P .E.
~ngmeer
FROM:
DATE:
January 2, 1996
RE:
ISLES AT HUNTERS RUN - MASTER PLAN COMMENTS
On November 7, 1995, the City Commission approved a master plan for subject project referred
to as Exhibit C in the Development Order. Four conditions are also listed.
The most recent master plan we have on file was last revised on November 7, 1995. If that
drawing is in fact Exhibit C (and therefore a rectified master plan) it is deficient in that Condition
D is not noted on the plan. We also do not know if Conditions A or B have been complied with.
Condition C has been satisfied. \.f \
9~~~!" ~ ~,(1');<'~-'
Since no Engineering conditions were included in the Development Order, we have nothing
further to review in that Division, and you may therefore consider this as Engineering master plan
approval.
WVH/ck
xc: Mike Haag, Zoning/Site Administrator
C:ISLES@HR.MPR
a!
DEPARTMENT OF DEVELOPMENT
ENGINEERING DIVISION MEMORANDUM NO. 96-004
f",,''''''~~'~''''''~-'r;:7:~~r'ore::'>''''';;;~.c''-'-;-
PLf\i\IW'i\.1 i'd
ZONiN~, QE~'L...~,..~"...~..
>_....,,~,_ ,W"1 ~
TO:
Tambri 1. Heyden
Planning & Zoning Director
w.urIun ~uki1l, P .E.
~ngmeer
FROM:
DATE:
January 2, 1996
RE:
ISLES AT HUNTERS RUN - MASTER PLAN COMMENTS
On November 7, 1995, the City Commission approved a master plan for subject project referred
to as Exhibit C in the Development Order. Four conditions are also listed.
The most recent master plan we have on file was last revised on November 7, 1995. Ifthat
drawing is in fact Exhibit C (and therefore a rectified master plan) it is deficient in that Condition
D is not noted on the plan. We also do not know if Conditions A or B have been complied with.
Condition C has been satisfied.
Since no Engineering conditions were included in the Development Order, we have nothing
further to review in that Division, and you may therefore consider this as Engineering master plan
approval.
WVH/ck
xc: Mike Haag, Zoning/Site Administrator
C:ISLES@HR.MPR
ENGINEERING MEMO #96-237
m. ~ @ ~ ~,ln rn1
U1 ..... 8 1:':;:;;0 ~
PLANNING AND
ZONING DEPT.
DATE: July 18, 1996
TO: BILL CAVANAUGH, FIRE PREVo OFF.
ROBERT EICHORST, P.W. DIR.
SGT. MARLON HARRIS, P.D.
T AMBRI HEYDEN, PLAN. & ZONING DIR.
SKIP MILOR, UTIL. CHIEF FIELD INSP.
AL NEWBOLD, DEPUTY BLDG. OFF.
JOHN WILDNER, PARKS SUPER. & KEVIN HALLIHAN, FORESTER
FROM: KEN HALL, ENG. PLANS CHECK/INSPECTOR 375-6283 @
SUBJECT: T.R.C. FINAL PLAT REVIEW AND APPROVAL,
ISLES OF HUNTES RUN
ATTACHED IS THE FINAL PLAT FOR COMMISSION APPROVAL AND THE REVISED
PAVING AND DRAINAGE PLANS. IF YOUR COMMENTS HAVE BEEN MET, PLEASE
SIGN OFF ON THE FINAL PLAT AND ALL CONSTRUCTION PLANS BY
AUGUST 2,1996.
IF THE PLAT OR PLANS DO NOT REFLECT YOUR COMMENTS, PLEASE ADVISE
ENGINEERING PRIOR TO THE ABOVE DATE. PLEASE RETURN YOUR PLANS TO
ENGINEERING FOR COMMISSIONER DISTRIBUTION. A STAMPED SET OF THE
CONSTRUCTION DRAWINGS AND THE PLAT WILL BE ON OUR REVIEW TABLE FOR
YOUR SIGNATURES.
IMPORTANT!
OUR MEMO REGARDING THE FINAL PLAT APPROVAL FOR NAUTICA SOUND,
PLA T TWO INDICATED THAT NO FURTHER SIGN-OFF WAS NECESSARY HAD YOU
DONE SO PREVIOUSLY. WE ASK THAT YOU ALL SIGN OFF ON A SET OF THE
FINAL PLANS AND THE PLAT FOR RECORD KEEPING PURPOSES. YOUR
COOPERATION IS APPRECIATED!
KRH
C: William Hukill, Dev. Dir. and to file!
SLESHR.PL T
:i6- ./
u Z1
..~
('l~,J,L .
~.~
DATE: September 23,1996
TO: SUE KRUSE,
ENGINEERING MEMO # 95-296
PETE MAZZELLA
FROM: KEN HALL, ENG. AIDE ~
SUBJECT: RECORDED PLAT - ISLES OF HUNTER'S RUN
Attached is your copy of the subject plat.
KRHlkrh
platout.ils
W["". ';,'\~_,a ~J ~",@~
---''1
1
. I
,i..,.
...._ I
PL \, ",'. .-;;-;----1
l",,:,';I:\I\11'.NiJ
ZI',';"I""" L''W''[ I
y', ~'d.l IC(I J'
'~
-...
....
Kilday It Aaoclet..
Landscape Architects/ Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(407) 689-5522 · Fax: (407) 689-2592
rn 0 W
I
In.
I U <
I.OU
' I
lJ
I; JI - 3 915
PLANNING AND
,
,~",-"""....~...-
June 27, 1996
Mr. Mike Haag
Planning and Zoning Department
City of Boynton Beach
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: Isles at Hunters Run
Our Project No.: 1247.2
Dear Mr. Haag:
This letter is in response to the outstanding handicap parking issue included on your recent
comment and review letter for the final plat approval. The handicap parking space issue
was resolved at the January 9, 1996, Planning and Development Board meeting. The
record clearly shows that all parties were in agreement that once Isles at Hunters Run had
become part of the entire Hunters Run PUD, the parking spaces at the main guardhouse
could be utilized. Enclosed please find a transcript of the verbatim minutes of the January
9, 1996, Planning and Development Board Meeting, and Memorandum 96-017 dated
January 16, 1996, amending Condition No. 23 to provide for a handicap parking space
located at the main Hunters Run PUD guard house if Isles of Hunters Run was accepted
into the Master Property Owners Association. These Conditions received unanimous
approval by the City Commission on January 16, 1996. Also enclosed please find the
affidavit verifying that Isles of Hunters Run is part of the Master Property Owners
Association, which would fulfill the requirement of Condition No. 23. I believe that this
should resolve this outstanding matter and allow for final plat approval to proceed. Please
contact me should any further information be necessary to resolve this matter.
on Schmidt
Kilday & Associates
Attachment
cc: Bill Hukill; City of Boynton Beach
Ron Last; Lawson & Noble
Andy Steinberg; Homedevco
;!I/o
Kieran J. Kilday
Committee Member
Kieran J. Kilday
Committee Member
Voice
Kieran J. Kilday
Committee Member
Committee Member
Committee Member
Committee Member
Committee Member
Committee
Member( s)
Committee Member
And would it really provide the documentation from the City
Attorney.
Kerry, is that the only three objections that you had, alright, not
necessarily objections...
They are only adjustments that you need to. . .
Is there any questions of the applicant or staff in regards to staff?
If not, is there a motion?
I'll make the motion to accept the Hunters Run application for the
Isles of Hunters Run subject to the three staff comments that
were just discussed which are numbers 26, we'll go back to, 23...
7 and 2.
Okay, I know that I mentioned that, Kerry.
In regards to what, you are saying that we approve it subject to
the meeting the conditions of the Staff comments again. Is there
a second?
Second.
Any discussion?
Those in favor signify by aye.
Aye.
Opposed?
,,'
Transcript
Planning and Development Board Meeting
ISLES AT HUNTERS RUN
Request for Site Plan Approval
January 9, 1996
Kieran J. Kilday
And then the last item is item #23. And #23 is really a code
provision that I was going to bring to your attention. We have
been meeting with City staff. That's regarding the location of a
handicap parking space adjacent to our new gate house. It is
really just, I guess I want to add one thing to it, not really change
it, but say that: Staff has indicated that if the security system is
part of the overall Hunters Run security staff which has its own
separate parking lot and then brings the security staff out to the
various locations; we will not have to provide the space here as
we will be able to make use of the space in the existing security
staff parking lot which is around the corner from us. And I think
that this is acceptable to staff.
Mike Haag
A little bit rewording for that. If the City Attorney has agreed that
this particular development is part of the Hunters Run
Association, then I can see omitting that comment, because then
its just like Sutton Place and [another development name]
development, so if the City Attorney can verify that it is part of the
Hunters Run then I have no problem omitting that comment. At
this point I haven't discussed that with him.
Jim Cheroff,
City Attorney
Didn't I read somewhere that it was a part of the master? That it
was going to be a part of the Master Association?
Mike Haag
If there is a problem doing that, I think that Kerry can probably
give us some updated information on that. I think that there were
working towards that, I don't know exactly where they are on
that.
Judge will you. . .
Committee Member Yeah, Board of Governors of Hunters Run Golf and Racquetball
Club and the Property Owners Association, which is a separate
property owners association, which are two separate
corporations, have passed resolutions saying that upon the
development, approval and so on, and the acquiring of the site
by the developer, it will be accepted as part of Hunters Run Golf
and Racquetball Club. So there is no problem there.
ENGINEERING MEMO # 96- 038
r,::::;' ........'-~-;J rn
II , \Vl I:;'
l' i\) '. . ,,., is
I~~-:' l ~
PLANNING ANO
ZONING DEPT.
DATE: January 30, 1996
TO: JAMES CHEROF, CITY ATTORNEY
FROM: KEN HALL, ENG. PLANS CHKJINSP~
SUBJECT: ISLES OF HUNTER'S RUN H.O.A. DOCUMENTS - REVIEW/APPROVAL.
A TT ACHED IS THE DECLARATION OF COVENANTS AND RESTRICTIONS AND THE
ARTICLES OF INCORPORATION FOR THE SUBJECT DEVELOPMENT. PLEASE
REVIEW THEM AND ADVISE US AS TO THEIR ACCEPTABILITY FOR
DEVELOPMENT PURPOSES. THANKS.
KRHIkrh
C: William Hukill, Dev. Dir.
Mike Haag, Zon/Site Admin, with document.
islesdoc.JC
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-632
TO: Tambri J. Heyden
Planning and Zoning Director
FROM: Michael E. Haag
Site and Zoning Development Administrator
DATE: November 2, 1995
SUBJECT: Isles at Hunters Run PUD - LUAR 95-005
2nd Review Comments for Master Plan Approval of 56
single-family detached zero-lot-line units on platted
lots in connection with a rezoning of 29.71 acres from
C-3 to PUD.
Please be advised of the following comments relative to the review
of the Master Plan for the above-referenced project:
MASTER PLAN COMMENTS:
I
1..--1
0\ .
,,,,}.- 2.
\/ l
'--,
\
3 .
/
lfJ /
,q
/_./
V'I^ I' ,'-..
(Jr' ',))1
; (
\,':'
" ,-."~, \..
{,:;- \1\\ l{' :l'
,'" l.l r
l(Yl\'\~. ',,'," \ IJ'\lf)
/ ,f)~ ),
,'I ,I . \J
l)v j) ,,~v
~r V
(y
\ \;1
\
\'.
\,5:)
Extend the setback along the south property line to the east
property line.
Indicate on the master plan the maximum gross density
(dwelling units per acre) proposed for the project.
Identify on the master plan a tract designation for the
proposed tracts along the east and north property lines and
around lake Tract 1 and 2. Also delineate the tract
boundaries.
It is recommended that the proposed front building setback of
15 feet and the proposed rear building setback of 10 feet be
both changed to 25 feet. It is further recommended that the
non-zero side building setback be changed from 10 feet to 15
feet. The recommended setbacks would create a 120 foot by 40
foot, 4,800 square foot/building and area/footprint on a
minimum size lot that is 170 foot deep by 55 foot wide and
with 9,350 square feet. Please note the following setbacks
and regulations that are established for the Sutton Place
project which is a single-family platted lot subdivision
located within the Hunters Run PUD:
Front:
Rear
Side :
Side :
Maximum
Lot Coverage:
25 feet
25 feet
7.5 feet*
7.5 feet*
45%
* Side setback 6.0 feet for golf cart garages only. One
golf cart garage allowed per lot.
Based on the master plan the minimum lot size is 9,350 square
feet and the typical maximum buildable area as defined by the
proposed setbacks equals 6,525 square feet. This proposes a
69% lot coverage for the minimum size lots which does not
include the percentage of lot coverage for the larger
irregular shaped lots or the deep lots proposed along the west
property line. Based on a 4.0 L.U.I. the maximum floor area
of 4,622.00 square feet would be allowed per each of the
proposed 56 lots in the proj ect . The ratio between the
maximum floor area allowed per lot of 4,622.00 square feet and
the minimum lot size of 9,350 square feet, a 49% lot coverage
is created. The floor plans and colored perspective drawings
submitted do not substantiate the need for a 69% lot coverage
and do not illustrate the actual setbacks that will result
when units are constructed adjacent to one another, i.e.
'"
Page 2
Memorandum No. 95-632
Isles at Hunters Run PUD
LUAR 95-005
./\,
6y
/ ....'
,
fji~' ~
". ~},~
I ' )\
\;\.<' .
'ty'"
')
X
rf'
VI....'
, ..\.
" .-:i'
.,1)' .
,Iv
,~ \t.~
,,,,'I'
1\" ~~,'
~,
,kF(
, ,Fl'
It'\''
J~ >' ,,1
"I tYl
y':;. it'" V
r\,'
-1 r:,y \?
~ 'f'-
i \-(t/
V"
\
. f\')
.~
~
.~
~
,0 ~
>l.\ 'V'
~.~
\::: ""
(\.~ ~J
'~ "
.".."6
.~
\t~
-1->
......
~
'ill
~
\~
"-I
K'
e'Y 7.
\1
.~ 8.
"/'
.v 9.
'V~/
/.
, ,
J
(')
-<;
",) .
drawings illustrate only one unit and not adjacent units.
If the Commission accepts the 69% lot coverage in item 5
above, place a note on the master plan that indicates the
maximum floor area will be submitted to the Building
Department on a lot by lot basis as part of permitting to
monitor land use intensity. The information shall be in chart
form and submitted with each building permit requesting square
footage that is included in floor area ratio computations.
The chart shall verify that the maximum allowed square footage
for the project is not exceeded. The chart shall identify
the maximum allowed square footage for the entire development
as allowed by the L.U.I., the total number of lots in the
project, the subject building permit number, how many square
feet are deducted from the maximum allowed floor area with the
subject permit request and the balance remaining. The chart
shall track all previous permits by permit number and include
floor area computations.
Provide data showing compliance with Land Development
Regulation, Chapter 3 - Master Plan, Article IV, Section 3. M.
regarding subsurface soil conditions and groundwater depth.
Also, add a note to the master plan regarding subsurface soil
conditions and groundwater depth as described in the afore-
mentioned code section. Compliance with this comment is
required prior to forwarding the request. The City Engineer
shall determine compliance with this comment.
Homeowners' association documents are required to be submitted
prior to plat approval. The documents are subject to review
by the city's legal staff, Engineering Division and Planning
and Zoning Department.
Submission of a rectified master plan will be required to be
submitted to the Planning and Zoning Department in triplicate
prior to platting and site plan review of the project.
10. It is not recommended that half credit for private recreation
be granted since access to the Hunters Run private recreation
amenities will be only available to those residents of this
project who agree to pay a membership fee.
MEH:dim
xc: Central File
a:2NDISLES.Com
.,i')/11,'~:')1 ;-'!'..J 6'IfJYVN-'::
;: " A, ,(' ~ ~
~jlvt) ,") ~' .A/ J / I!
-;r /-.y /; //2/1<1 Ifl<)~~ \' '7D'(j,- 1/,~12J.j IfJC
:.z;Ct/U ,. ( ~ /'7 I f'
. . /11lA _','
/ Wi' ,../p.-r J- h. "
D,"""J 77),::,: /c)<.. r- ~.'_
C" i. I ~J~__ <:"', f),{" :t / (rr
~ ' '<C..'r.. r C' /v'" ;<, /V~""''''i.,,:: ~ / . ,/I
fie 'C';I It~ / 7:': .'\... r-y
f;: k!:5
f:J,:'Nrt,t;.) dIU !lei/"
"'''M(l Kc:p4r::.s: WicrJ, 1J..I,.,-;{i'C.,//,.~\;.
!:P. f"'J.., (s d~..~~S ,~
/.' V '-" ~ /:} .
r tJ2,1^tE:.nJ'....... ~'t:n__7<1.C''''-.s (;IVt..{ "jJJKC
or- /,' //
....:-0/;;; r e A-z:::..j<;.,.)
I}(}"_ ,;'" () , ^ . " . .
r' ........ '-t.... /,,"-' 'oJ .~::: u... 't: /~,
-'-P' , /
I) t \ . "1<.,,'J:f--
,__~t"J
/1 ;~
I.
10 t:.' ("",\.7/ V <:4
n- ~ --~Y /2r'I-?1_r'Z1.
/r.:::xr 1-/:.-6."1' Irc I~"'" ,,"'l_"
If~_~' ~ <)..~-::
''-"j...
I.. <.
..s i /~~-t.......,....
S,t ,..(J <1(;< Ii/ol?!...::.'
CIJ':'5 r /
/~'JI fj'<jJ:-.-t,,'y (,/',._ {-
It.h p'if,J . f ft'1';;O:r; I., ,.,I'::: -
1'( JI
/ { /e ~ (jdL~,
,/!,J.dJSC-q(" Act r i
"/l..IJ..1) ()S("t':-/J! 1R Ar r
- / /" '--..
()p /7),;, A..()'~'IJ rf..,/j,r; lll't..':,
R ,.. t.. .. / .''< i'. J JJ<'
1 (_)./A,/l./H~ IiJ,":' J.u r,',',t.;>,/J7C!i'(,>" /~nj.L/..'.~',:" :':'cJf.;,1.{..!( ,.(.".."d '~j/ .
/...;; ,', c:;;.(.5 Ii ,tJ J ~t..cf !11d; N IL!)~ P> 0: ~S" . . " / .. II. !/
. /./ IJ _.77(\ _ "-'/..1\/1",;7 -tF t?, ','7,(,.(, /f~5'Ylr., /f1/
/)A.lr.L'jf\>,(I, 1;t:'/I//JLLy :\,(,") -,)//!- ,':),/ J/",<, 1("4.._ IS 1'::'7'v'II<'..:'7 I~.),!I::O- P..'.. '
'-I.
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-632
TO: Tambri J. Heyden
Planning and Zoning Director
FROM: Michael E. Haag
Site and Zoning Development Administrator
DATE: November 2, 1995
SUBJECT: Isles at Hunters Run PUD - LUAR 95-005
2nd Review Comments for Master Plan Approval of 56
single-family detached zero-lot-Iine units on platted
lots in connection with a rezoning of 29.71 acres from
C-3 to PUD.
Please be advised of the following comments relative to the review
of the Master Plan for the above-referenced project:
MASTER PLAN COMMENTS:
1. Extend the setback along the south property line to the east
property line.
2. Indicate on the master plan the maximum gross density
(dwelling units per acre) proposed for the project.
3. Identify on the master plan a tract designation for the
proposed tracts along the east and north property lines and
around lake Tract 1 and 2. Also delineate the tract
boundaries.
4. It is recommended that the proposed front building setback of
15 feet and the proposed rear building setback of 10 feet be
both changed to 25 feet. It is further recommended that the
non-zero side building setback be changed from 10 feet to 15
feet. The recommended setbacks would create a 120 foot by 40
foot, 4,800 square foot/building and area/footprint on a
minimum size lot that is 170 foot deep by 55 foot wide and
with 9,350 square feet. Please note the following setbacks
and regulations that are established for the Sutton Place
project which is a single-family platted lot subdivision
located within the Hunters Run PUD:
Front:
Rear
Side :
Side :
Maximum
Lot Coverage:
25 feet
25 feet
7.5 feet*
7.5 feet*
45%
* Side setback 6.0 feet for golf cart garages only. One
golf cart garage allowed per lot.
5. Based on the master plan the minimum lot size is 9,350 square
feet and the typical maximum buildable area as defined by the
proposed setbacks equals 6,525 square feet. This proposes a
69% lot coverage for the minimum size lots which doea not
include the percentage of lot coverage for the larger
irregular shaped lots or the deep lots proposed along the west
property line. Based on a 4.0 L.U.I. the maximum floor area
of 4,622.00 square feet would be allowed per each of the
proposed 56 lots in the proj ect. The ratio between the
maximum floor area allowed per lot of 4,622.00 square feet and
the minimum lot size of 9,350 square feet, a 49% lot coverage
is created. The floor plans and colored perspective drawings
submitted do not substantiate the need for a 69% lot coverage
and do not illustrate the actual setbacks that will re 1~
when units are constructed adjacent to one another, i.
Page 2
Memorandum No. 95-632
Isles at Hunters Run PUD
LUAR 95-005
drawings illustrate only one unit and not adjacent units.
6. If the Commission accepts the 69% lot coverage in item 5
above, place a note on the master plan that indicates the
maximum floor area will be submitted to the Building
Department on a lot by lot basis as part of permitting to
monitor land use intensity. The information shall be in chart
form and submitted with each building permit requesting square
footage that is included in floor area ratio computations.
The chart shall verify that the maximum allowed square footage
for the project is not exceeded. The chart shall identify
the maximum allowed square footage for the entire development
as allowed by the L.U.I., the total number of lots in the
project, the subject building permit number, how many square
feet are deducted from the maximum allowed floor area with the
subject permit request and the balance remaining. The chart
shall track all previous permits by permit number and include
floor area computations.
7. Provide data showing compliance with Land Development
Regulation, Chapter 3 - Master Plan, Article IV, Section 3. M.
regarding subsurface soil conditions and groundwater depth.
Also, add a note to the master plan regarding subsurface soil
conditions and groundwater depth as described in the afore-
mentioned code section. Compliance with this comment is
required prior to forwarding the request. The City Engineer
shall determine compliance with this comment.
8. Homeowners' association documents are required to be submitted
prior to plat approval. The documents are subject to review
by the city's legal staff, Engineering Division and Planning
and Zoning Department.
9. Submission of a rectified master plan will be required to be
submitted to the Planning and Zoning Department in triplicate
prior to platting and site plan review of the project.
10. It is not recommended that half credit for private recreation
be granted since access to the Hunters Run private recreation
amenities will be only available to those residents of this
project who agree to pay a membership fee.
MEHldim
xc: Central File
a:2NDISLES.Com
LAWSON,NOBLE & WEBB
TEL:4076841812
Jul 31 '96
15:05 No.025 P.01/02
,!,,? !,i) ""',1'1 ?; ~, \! ill" .
,? ,:1) l5 ~ U
LNW . ~c ii~-:I 19oo I
. ... . . . . _ \ :.J PLANNING AND 1
LAWSON, NOBLE & WEBB, INC. ZONING DEPT.
FA.~ COVER SHEET
HIGHLIGHTS OF SERvlCES
ENGll\"EERING:
SURv~YING:
ResfdentieI and Commercial Site Development
Municipal/Public Works Engineering
Construction EngIneering Inspection
Public and Private Highway Design
Stormwater Mar.~geme!lt Systems
Services District Engineers
VV<:lter Dis1rfbutlon Systems
Sanitary Sewer Systems
C"l
-
=0
.....
I
'l:r
QO
1,0
R
C)
~
..
X
<
~
Right-of-Way Research/Map PreparatIon -
omeowners/Condominium Documents '\C
~
Boundary cnd Topographic Surveys IQ
I
BuildIng Construction Surveys ~
\:
Expert Witness Testimony
ConstructIon Layout g
Plat Preparation ::::
..
Title Res6arch ~
.
8
'fir
f"::i
t'"l
1/;/ /1'-
I ,
TOTAL NWASER OF PAGES INCLUDING THIS COVER PAGE:
COpy TO FOllOW IN MAIL j( YES 0 NO
TO: U-ry (F ~Y.tl~;.~ PL~NAi.uu. ATTN.:
FROM: C I+r-,(t.,~ ."Jf.,tJ-nUf PROJECT #:
DATE;
FAX #;
)1~- 0()~o
Z
Ate. Mlk.e
4~/ Sf:-
I~~ /2tL....,
~/,J;
MESSAGE: /lfr.ce 77-fc rJ7Yrk~ PE7.1'Ut'- / S . $"'~~......
/ 1
. jJAf '5:d~7::;r" 6 CJF TrtP; ?Av'r~ rr c>e.4i-N.JIfI.4~-
J>4'1N$ P~~""lP~ By tJ~.Il!' ~~rce. 4/~ HnD~
'7""'Jh;: :S.J>~/~/C"n7""'t!,-"J ~C 7"~ L:.fI.4-{..~ I ttt/t""'C- ~c~,ep
(2) ?~Xf6 /" 13'LU~RI-'X-rr Th y~u -z't,~d~-k.>
- E _ /
S/~.A./~ 15~~ Bv ~ &l./4-{N~ ~F e~~KP.
-
...
":
-
:..
..s
~
..
...
(J
~
'"
=
::=
...
-
e:
...
~
~
..
::
,....
--
c'
-=
=
-
'0
U
o
C'i
"If
.
LRWSON.NnBLE & WEBB TEL:4076841812
]ul 31'96 15:05 No.025 P.02/02
"- .- IIiI <<I&J ~l:I.I::; I f'fM J.' ~ fJ3:Df W 1)d V..:l !lI85lo( 1;1 ~ 'U LlItlo
iSI 3Hl. . zt.nS
rm /a' 96/01/11 N';)llJ3S 3m ~W rct) :QJO QJt'JIIn:II :a:E:7O:I ...... to
. -op .JE. - 'T(~ TWM.~..l.3ti ~W OW':.J:C ~~ *SC:afiV1d. (
,
J"Cl::) ovr $6It/l t UVia.;~W !i;6 N:Ji. =3.l'VQ -:)UI 'qq.. .
} "OOh\fcJ }{) .1S 3.!.W ~ 30i ~VOS
i
ii~.;
~... i ~
_Ill ...
B~ a
is ~
"iiQ~
~.. i ;
~;n
~~ l'oi ~ a
~~ii
! ~ If lelS
~~~
~ ~j~~
~m ~ ~ r
~5
~q \ r! I
: I i J \\ ~
~! ~ ~
~~ 11 _ ~ \ J
la, ~ II '(
~~ .. 1":.... ,.-
.l .:+:+_ IE a:: .~-
~ J+.'.~ \ ;,
~ ~::~. ~\
"""i: ';%i'~J.
/ "::::.. \
~ A: 1-- \
N
d \
i
.
\
:H111~ I
1
..
<
t-
it;1
g~
fEll!
.J
<
~
~
.... N ~ oi
...
~
- a5
1r,!
a
i
.-
i
...1$ .
~i;.
~'Ir;f
~i~1
'" I
I
1-
I <~
;~~
o
~
.
r
n-SCLARATION OF COVENANTS AND
\,... , ,:-t~
RESTR~~TIONS FOR THE ISLES AT HUI\''j;RS RUN
THIS DECLARATION (the "Declaration"), made this _ day of
199_, by HOME DEVELOPMENT OF HUNTERS RUN LTD., a Florida limited partnership
{the "O"iveloper"), who declares that the real property hereinafter described, which is owned
Developer (hereinafter referred to as "The Isles at Hunters Run") is and shall be
transferred, sold, conveyed and occupied subject to the covenants, restrictions, eas
charges and liens (sometimes hereinafter referred to as the "Covenants and Res
hereinafter set fonh.
lVHEREAS, Developer is presently the owner of the pr
hereof, and intends to subject said property to the covenants and
each and all of which is and are for the benefit of said prope
owner thereof or of any part thereof, and shall inure to the benefit
and each and every part thereof, and shall apply and to bind every
said property, or any part thereof, and their and each of the
representatives and assigns.
\V I T N E SSE T H :
The following word
shall have the following
(unless the context shall prohibit),
1.
Associatio
Restric .
"By-
Isles at Hunters Run Homeowners
is is the Declaration of Covenants and
Incorporation (the "Articles"), and By-Laws (the
made a part hereof, as Exhibits A and B respectivel~.
nters nil or "Property" or "Properties" shall mean and refer
nd addit thereto, as are subject to this Declaration, and shall
ed hereafter in Article II.
3. I shall mean and refer to all existing properties and additions
thereto which are is Declaration and which are for the common use or enjoyment
of the members of t iation and are to be maintained by the Association. The Common
Area consists of Trac and such drainage easements which
have been dedicated, all as shown on the Plat for The Isles at Hunters Run, as recorded in Plat
Book _' at Page _' of the Public Records of Palm Beach County, Florida, together~ith
any improvements on such Tracts including, without limitation, all structures, sidewalks, street
lights, entrance features, walks, landscaping, and irrigation systems and appurtenances,
excluding however, any public utility installations thereon, all of which are to be maintained by
the Association. In addition, the Common Area shall include all lakes for which the
maintenance responsibility is to be shared between the Association and the Master Association
(as herein defined).
GAK J\J1'93 .00>>.51:771010496
IDJ m @ m n w ~ fn/:
IJI) . 241996 IU:
"_ ENGiNEERI~\'G
.,
, .
I .
~ ,.;.,.
4. "Developer" shall mean and refer to HOME DEVELOPMENT OF HUNTERS
RUN LTD., a Florida limited partnership, and its successors or assigns, if any such successor
or assign acquires the undeveloped portion of The Isles at Hunters Run from the Developer for
the purpose of development and is designated, in writing, as such by HOME DEVELOPMENT
OF HUNTERS RUN LTD., a Florida limited partnership
5. "Lot" shall mean and refer to any lot or other parcel in The Isles at Hunters Run,
together with any and all improvements thereof, as shown on the Plat for The Isles at Hunters
Run, recorded in Plat Book _ at Page _' of the Public Records of Palm Beach County,
Florida, on which a residential structure could be constructed whether or not one has been
constructed.
6. "Owner" shall mean and refer to the record owner, whether one or more persons
or entities, of the fee simple title to any Lot.
7. "Master Association" shall mean Hunters Run Property Owners Association, Inc.,
a Florida not-for-profit corporation, its successors and assigns.
8. "Master Declaration" shall mean the Hunters Run Declaration of Covenants,
Restrictions and Easements as recorded on December 17, 1979 in Official Records Book 3195
at Pages 1107 through 1123 inclusive, Public Records, Palm Beach County, Florida.
ARTICLE II.
PROPERTY SUBJECT TO THIS DECLARATION
1. Le~al Description: The real property which is and shall be held, transferred,
sold, conveyed, used and occupied subject to the covenants and restrictions with respect to the
various portions thereof set forth in the various Articles and Paragraphs of this Declaration, is
located in the County of Palm Beach, State of Florida, and is more particularly described as
follows:
All lots owned by Developer and comrnon areas dedicated to the Association in that
recorded Plat known as THE ISLES AT HUNTERS RUN, recorded in Plat Book _ at Page
_ of the Public Records of Palm Beach County, Florida, which is more particularly described
in Exhibit C attached hereto and made a part hereof, hereinafter referred to as the "Property".
2. Mer~er or Consolidation: Upon a merger or consolidation of the Association with
any other association as provided in its articles of incorporation, its properties, rights,~and
obligations may, by operation of law, be transferred to another surviving or consolidated
association or, alternatively, the properties, rights and obligations of another association ~ay,
by operation of law, be added to the properties, rights and obligations of the Association or
another association as a surviving corporation pursuant to a merger. The surviving or
consolidated association may administer the covenants and restrictions established by this
Declaration within the Properties, together with the covenants and restrictions established upon
any other property as one scheme. No such merger or consolidation, however, shall effect any
revocation, change, or addition to the covenants and restrictions established by this Declaration
CAK 1131'93.00>>.5127710 10496
2
, .
"
. '-
\.. ~'.-
~.:" - ~ "
(-::."
".~ '-,'
within the Properties. Any such merger or consolidation shall require the affirmative vote of
two-tlllids (2/3) of Owners entitled to cast a vote.
ARTICLE III.
l\1El\tBERSHIP AAro VOTING RIGHTS IN THE ASSOCL.\. TION
1. Membership: Every person or entity who is a record fee simple Owner of a Lot,
including the Developer, at all times as long as it owns all or any part of the Property subject
to this Declaration, shall be a member of the Association, provided that any such person or
entity who holds such interest merely. as security for the performance of an obligation shall not
be a member of the Association. Membership shall be appurtenant to, and may not be separated
from, ownership of any Lot which is subject to assessment.
2. Classes and Voting: The Association shall have such classes of membership,
which classes shall have such voting rights, as are set forth in the Articles of the Association.
3. Suspension of Voting: RiQ:hts: Notwithstanding the provisions hereof, the
Association shall have the right to suspend any Member's voting right (other than the right of
the Developer) for any period during which any assessment or installment thereof shall remain
unpaid for more than ten (10) days after the due date for the payment thereof.
4. Powers of the Association: The Association shall have all of the powers, duties
and obligations as set forth in this Declaration, the Articles, and the By-Laws.
5. Termination of the Association: In the event the Association is terminated or shall
no longer continue to exist for any reason whatsoever, the Master Association may maintain all
Common Areas and is hereby authorized to assess all Owners the costs of such maintenance,
provided that the Board of Directors of the Master Association has given its prior consent.
ARTICLE IV.
PROPERTY IN THE COl\tMON AREAS
1. Ownership: Developer may retain the legal title to the Common Areas so long
as it owns fee simple title to at least one Lot in the Properties. On or before conveyance by
Developer of the last Lot which it owns in the Properties (or sooner at the Developer's option),
the Developer, or its successors and assigns, shall convey and transfer the record fee simple title
to the Common Areas to the Association, at the expense of the Association, and the Association
shall accept such conveyance, subject to taxes for the year of conveyance and to mortg~ges,
restrictions, limitations, conditions, reservations, and easements of record. Commencing with
the date this Declaration is recorded, the Association shall be responsible for the maintenapce
and administration of the Common Areas in a continuous and satisfactory manner and for the
payment of taxes assessed against the Common Areas and any improvements and personal
property thereon accruing from and after the date of such recordation. Such taxes shall be
prorated between the Developer and the Association as of the date of such recordation.
Developer shall have the right from time to time to enter upon the Common Areas during
CAK 1131'93.00>>.51:7710104116
3
,...:.-.;,.:
r~.'.. ,I.'
rG:.""
~'~~
, !-4
periods of construction upon adjacent properties and for the purpose of construction of any
f:1cilities- on the Common Areas that Developer elects to build.
2. Members' Easements: Each Member of the Association and each tenant, guest,
and invitee of such Member shall have a permanent and perpetual easement for ingress and
egress for pedestrian and vehicular traffic over and across the walkways, private streets,
sidewalks and driveways from time to time laid out on the Common Areas for use in common
with all other Members, their tenants, guests and invitees. The portion of the Common Areas
not used, from time to time, for walkways, private streets, sidewalks or driveways shall be for
the common use and enjoyment of .the Members of the Association and each Member shall have
a permanent and perpetual easement for the use of such portion of such lands as common open
space in such manner as may be regulated by the Association. The foregoing easements are
subject to the following:
A. The right and duty of the Association to levy assessments against each Lot
for the purpose of maintaining the Common Areas in compliance with the provisions of this
Declaration and with any restrictions on the plat or plats of the Properties from time to time
recorded.
B. The right of the Association to suspend any Owner's voting rights for a
period not to exceed sixty (60) days for any infraction of its lawfully adopted and published rules
and regulations. .
C. The right of the Association to adopt and enforce rules and regulations
governing the use of the COlIh'110n Areas and all facilities at any time situated thereon.
D. The right of the Developer or the Association to dedicate or transfe~ all
or any part of the Common Areas to any public agency, authority or utility for such purposes
and upon such conditions as may be agreed to by the Members, provided, however, that no such
dedication or transfer by the Association shall be effective unless approved by the Developer,
so long as the Developer owns at least one Lot within the Property and by 4/5ths of entire
membership at a regular or special meeting of Members duly called and regularly conducted in
accordance with the By-Laws.
E. The right of an Owner to the use and enjoyment of the Common Areas and
facilities thereon shall extend to the members of his immediate family who reside with such
Owner, subject to the regulations from time to time adopted by the Association in its lawfully
adopted and published rules and regulations. The easements provided in this Paragraph 2 spall
be appurtenant to and shall pass with the title to each Lot.
3. Utilitv Easements: Public utilities may be installed underground in the Common
Areas when necessary for the service of the Property. All use of utility easements shall be in
accordance with the applicable provisions of this Declaration.
CAK 113m. 00>>.5127710 10496
4
I;,'.';.~'
t.. p ,.-;..
4. Public Easements: Fire, police, health, sanitation and other public service
personnel and vehicles shall have a perpetual, non-exclusive easement for ingress and egress
over and across the Common Areas.
5. Easement for Unintentional and Non-Negli!!ent Encroachments: If any other
building or improvement shall encroach upon any portion of the Common Areas or upon an
easement by reason of original construction or by reason of the non-purposeful or non-negligent
act of Developer or of any other owner of such building or improvement, then an easement for
such encroachment shall exist so long as the encroachment exists. Such easement shall include
the right of ingress and egress during reasonable times of day for the purpose of maintaining and
repairing the encroachment. Any exercise of the right of ingress and egress for maintenance and
repair shall not be deemed a trespass.
6. Association Easement: For the purpose solely of performing its duties and
responsibilities authorized by this Declaration, and in addition to any other easements granted
to it, the Association, through its duly authorized agents, employees or independent contractors,
shall have the right, after reasonable notice to the Owner, to enter upon any Lot at reasonable
hours of any day except Sunday. In the event of an emergency, such right of entry shall exist,
without notice on any day, including Sunday. Each Owner hereby grants to the Association, its
duly authorized agents, employees or independent contractors such easements for ingress_and
egress, across the Lots and through the improvements constructed upon the Lots, as may be
reasonably necessary to effect and perform the Association's duties.
7. Additional Easements: The Developer (during any period in which the Developer
has any ownership interest in the Property) and the Association (during such period as the
Developer no longer has any interest in the Property) shall each have the right to grant such
additional electric, telephone, gas, sprinkler, irrigation, cable television, or other utility
easements, and to relocate any existing utility easement in any portion of the Property and to
grant access easements and to relocate any existing access easements in any portion of the
Property, or any portion thereof, for the general health or welfare of the Owners or for the
purpose of carrying out any provisions of this Declaration; provided that such easements or the
relocation of existing easements will not prevent or unreasonably interfere with the use of the
Lots for dwelling purposes.
8. Master Association Easement: In the event the Association, for whatever reason,
fails to fulfill its maintenance obligations pursuant to Article IV of this Declaration, then the
Master Association is hereby authorized, however, shall be under no obligation, to maintain the
Common Areas and Lots in accordance with the provisions of this Declaration upon approval
by the Board of Directors of the Master Association. If such approval is granted, the Master
Association is hereby granted a non-exclusive, perpetual easement over the Properties to perform
such maintenance obligations and to conduct such maintenance activities as may be required by
the Master Declaration. The Master Association shall have the right pursuant to the Master
Declaration to assess the Association for the Master Association's costs in performing such
maintenance and shall be entitled to a lien on the Common Areas for the non-payment of same.
CAK IllmOO>>-512TT10104\16
5
! --'
. 9. Maintenance of Common Areas: Commencing with the date this Declaration is
"recorded among the Public Records of Palm Beach County I Florida, the Association shall at all
times maintain in good repair, and shall replace as often as necessary, any and all improvements
situated on the Common Areas (upon completion of construction by Developer) including, but
not limited to, landscaping, sprinkler pipes and systems, irrigation pipes, pumps and systems,
paving, drainage structures, walkways, common parking facilities, street lighting fixtures and
appurtenances, entrance features, perimeter walls, gates and planters, and other structures,
except public utilities, all such work to be done as ordered by the Board of Directors.
Maintenance of the street lighting fixtures shall include the fIxtures within the Common Areas
and shall further extend to payment for electricity consumed in the illumination of such lights.
The Developer or the Association may repair, change, replace or restore the walls and fences
that are on any of the Lots or Common Areas within the Properties as the same are designated
on the Plat for The Isles at Hunters Run. All work pursuant to this Section and all expenses
hereunder shall be paid for by the Association through assessments imposed in accordance with
Article V hereof. Such assessments shall be against all Lots equally; provided, however, that
the cost of any maintenance, repair or replacement caused by the negligent conduct of a Member
or by the failure of a Member to comply with lawfully adopted rules and regulations shall be
levied as a special assessment against such Member. Any such special assessment, and the lien
rights, if any, arising from such assessment, shall be governed by the provisions of Article V
herein. No Owner may waive or otherwise escape liability for the assessments for s,uch
maintenance by non-use of the Common Areas or by abandonment of the Owner's right to use
t.l}e Common Areas.
10. Developer's Ril!ht to Common Areas: Developer shall have t.lJe right from time
to time to enter upon the Conunon Areas during periods of construction upon adjacent properties
and for the purpose of construction of any facilities on the Common Areas that Developer elects
to build.
ARTICLE V.
COVENANTS FOR MAlJ\T'fENANCE ASSESSMENTS
1. Creation of the Lien and Personal Oblil!ation of Assessments: The Developer,
for each Lot owned by it within the Properties, subject to Paragraph 4 of this Article V, hereby
covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall
be so expressed in any such deed or other conveyance, including any purchaser at a judicial sale,
shall hereafter be deemed to covenant and agree to pay to the Association all annual assessments
or charges for the maintenance of the Common Areas and such reasonable reserves as the
Association may deem necessary; and each Owner of a Lot, by such acceptance, shall hereafter
be deemed to covenant and agree to pay to the Association any special assessments for capital
improvements or major repair; such assessments to be fixed, established and collected from time
to time as hereinafter provided. All such assessments, together with interest thereon from the
due date at the rate of eighteen percent (18.00%) per annum and costs of collection thereof
(including reasonable attorneys' fees), shall be a charge on the land and shall be a continuing
lien upon the Lot(s) against which each assessment is made, and shall also be the personal
obligation of the Owner. No Owner may waive or otherwise escape liability for the assessments
provided for herein by non-use of the Common Area or by abandonment. By acceptance of the
CAK 113m .00>>.5121710 I 0496
6
--- "
deed of conveyance to a Lot, each Owner shall have acknowledged the creation of a contractual
lien for-the assessments prior to the establishment of any homestead exemption from foreclosure
and forced sale in the event of nonpayment of the assessments.
2. Puroose of Assessments: The annual and special assessments levied by the
Association shall be used exclusively for the purpose of promoting the recreation, health, safety
and welfare of the residents of the Properties and in particular for the improvement and
maintenance of the Common Area described above and any easement in favor of the Association,
as well as for the operation and administration of the Association, including, but not limited to
the cost of taxes, insurance, labor, equipment, materials, management, maintenance, and other
supervision thereof, as well as for all other purposes which are permissible activities of, and
undertaken by, the Association.
3. Uniform Rate of Assessment: All regular and special assessments shall be at a
uniform rate for each Lot in the Properties. Notwithstanding the foregoing, in the event the
Board of Directors reasonably determines in good faith that the cause of a Special Assessment
shall not be borne equally by all of the Lots, the Board may assess a Special Assessment upon
certain but not all of the Lots, or may assess unequal shares of a Special Assessment upon the
Lots.
4. Special Assessments for Caoital Imorovements and Maior Repairs: In addition
to any annual assessments, the Association may levy in any assessment year a special
assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the
cost of any construction, reconstruction, unexpected repair or replacement of a capital
improvement as approved by the Board of Directors of the Association, including the necessary
fixtures and personal property related thereto, provided ttiat ~'1y such assessments shall have the
assent of two-thirds (2/3) of the entire membership voting in person, by proxy, or by wrJtten
absentee ballot at a meeting duly called for this purpose, written notice of which shall be
provided to all Members at least thirty (30) days in advance and shall set forth the purpose of
the meeting. The due date of any special assessment shall be fixed in the resolution of the Board
of Directors authorizing su~h assessment.
5. Date of Commencement of Annual Assessments Due Date: The assessments for
which provision is herein made shall commence on the date or dates (which shall be the first day
of a month) fixed by the Board of Directors of the Association to be the date of commencement.
The due date of any assessment shall be fixed in the resolution authorizing such assessments,
and any such assessment shall be payable in advance in monthly, quarterly, semi-annual or
annual installments, as determined by the Board.
6. Duties of the Board of Directors: The Board of Directors of the Association shall
fix the date of commencement of the assessment period, and the amount of assessments, at least
thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of the
Lots and assessments applicable thereto which shall be kept in the office of the Association and
shall be open to inspection by any Owner. Written notice of the assessment shall be sent to every
Owner subject thereto not later than fifteen (15) days after fixing the date of commencement
thereof. The Association shall, upon demand at any time, furnish to any Owner liable for said
CAKI\3m OXO.512171010496
7
assessment a cenificate in writing signed by an officer of the Association, setting forth whether
said assessment has been paid as to the Lot owned by the Owner making request therefor. Such
certificate shall be conclusive evidence of payment of any assessment therein stated to have been
paid.
The Association, through the action of its Board of Directors, shall have the powers to
enter into an agreement or agreements from time to time with one or more persons, firms or
corporations for management services. The Association shall have all other powers as may be
provided in its Articles of Incorporation and By-Laws. The Board of Directors shall also
purchase officers' and directors' liability insurance and cause all officers and directors having
fiscal responsibilities to be bonded, as the Board of Directors may deem necessary.
7. Effect of Non-Pavment of Assessment: The Lien. the Personal Obligation.
Remedies of Association: If any assessment is not paid on the date when due, such assessment
shall then become delinquent and shall, together with interest thereon and the cost of collection
thereof, become a continuing lien on the Lot(s) against which such assessment is made and shall
bind such Lot(s) in the hands of the Owner(s), his heirs, devisees, personal representatives,
successors, and assigns, against whom the assessment is levied. No lien for unpaid assessments
arising hereunder shall be effective until the Association shall have recorded a claim of lien in
the Public Records of Palm Beach County, Florida. Any individual who acquires title to a Lot
upon the death of an Owner or by operation of law shall be personally liable for unpaid
assessments with respect of such Lot. In any voluntary conveyance, the grantee shall be jointly
and severally liable with the grantor for all unpaid assessments made prior to the time of such
voluntarj conveyance, without prejudice to the rights of the grantee to recover from Ll}e grantor
the amounts paid by the grantee therefor. If the assessment is not paid within fifteen (15) days
after the due date, the assessment shall bear interest from the date when due at the rate of
eighteen percent (18 %) per annum and the Association may bring an action at law agains~ the
Owner personally obligated to pay the same or may record a claim of lien against the Lot(s) on
which the assessment is unpaid and may foreclose the lien against the Lot(s) on which the
assessment is unpaid, in like manner as a foreclosure of a mortgage on real property, or pursue
one or more of such remedies at the same time or successively, and there shall be added to the
amount of such assessment, attorneys' fees and costs of preparing and filing the claim of lien
and the complaint in such action, and in the event a judgment is obtained, such judgment shall
include interest on the assessment as above provided and a reasonable attorneys' fee to be fixed
by the court, together with the costs of the action, and the Association shall be entitled to
attorneys' fees in connection with any appeal of such action. It shall be the legal duty and
responsibility of the Association to enforce payment of the assessments hereunder.
8. Rental Pending Foreclosure: In any foreclosure of a lien for assessments if the
Lot subject to the lien is being rented, the Association shall be entitled to apply to a court of
competent jurisdiction for the appointment of a receiver to receive the rentals and apply them
to the amount owed to the Association.
9. Subordination of Lien to Mortl!ages: The lien of the assessments for which
provIsion is herein made, as well as in any other provision of this Declaration, shall be
subordinate to the lien of any institutional mortgage recorded prior to the recordation of a claim
CAXlllm 00>>.51:17.0104%
8
.
,
.
,
r:;.
.....'.,...~---
l~~.~
of lien for unpaid assessments. Such subordination shall not apply to assessments which become
due and payable subsequent to a sale or transfer of such Lot pursuant to a decree of foreclosure,
and in any other proceeding in lieu of foreclosure of such mortgage. No sale or transfer shall
relieve any Lot from liability for any assessments thereafter becoming due, nor from the lien of
any such subsequent assessment. The written opinion of either the Developer or the Association
that the lien is subordinate to a mortgage shall be dispositive of any questions of subordination.
10. Effect on Developer: Notwithstanding any provision that may be contained to the
contrary in this Declaration, for so long as Developer is the Owner of any Lot, the Developer
shall not be liable for assessments against such Lot, excluding special assessments, provided that
the Developer shall fund any deficit in operating expenses of the Association. Developer may,
at any time, commence paying such assessments as to all Lots that it owns and thereby
automatically terminate its obligation to fund deficits in the operating expenses of the
Association.
11. Exempt PropertY: The Board of Directors shall have the right to exempt any of
the Property subject to this Declaration from the assessments, charges and liens created herein
provided that such part of the Property exempted is used (and as long as it is used) for any of
the following purposes:
A. Any easement or other interest therein dedicated and accepted by a lOCal
public authority and devoted to public use;
B. All Common Area as defmed L'1 Article II hereof;
C. Any of the Property exempted from ad valorem taxation by the laws of the
State of Florida, to the extent agreed to by the Association. Notwithstanding any provisioI?S of
this Paragraph 11, no Lot (or any part thereof), land or improvements devoted to dwelling or
related use shall be exempt from said assessments, charges or liens, except as provided in
Paragraph 10 above.
12. Annual Budget: By a majority vote of the Board of Directors, the Board of
Directors shall adopt an annual budget for the subsequent fiscal year of the Association which
shall provide for allocation of expenses in such a manner that the obligations imposed by this
Declaration must be met.
13. Trust Funds: The portion of all regular assessments collected by the Association
as reserved for future expenses, and the entire amount of all special assessments, shall beheld
by the Association in trust for the Owners of all Lots, as their interests may appear.
ARTICLE VI.
EXTERIOR MAINTENANCE AND ASSESSMENT
1. Bv the Owner: Each Owner shall maintain and repair all areas of the Owner's
Lot and any structures thereon which are not required to be maintained or otherwise cared for
by the Association as set forth herein; provided, however, that the Association reserves the right
CAK 113m .lXXXI.5 ,.77,0104\16
9
\' '-:,
- ,--'
to maintain such areas, if, in its sole discretion, the Association deems it desirable. Each Owner
-shall maintain, repair and replace all Owner-installed improvements and landscaping. If any
Owner fails to maintain any area required to be maintained by the Owner under this section, the
Association may, at its option, provide such maintenance service.
2. Assessment of Costs: The cost of such maintenance shall be assessed against the
Lot or Lots upon which such maintenance is performed or, in the opinion of the Board of
Directors of the Association, benefitting from same. The assessment shall be apportioned among
the Lots involved in the manner determined to be appropriate by the Board of Directors of the
Association. If no allocation is made, the assessment shall be uniformly assessed against all of
the Lots in the affected area. The exterior maintenance assessments shall not be considered a
part of the annual or special assessments. Any exterior maintenance shall constitute a lien on
the Lot and be the personal obligation of the Owner and shall become due and payable in all
respects, together with interest and fees for the cost of collection, as provided for the other
assessments of the Association, and shall be subordinate to mortgage liens to the extent provided
by Paragraph 9 of Article V hereinabove. .
By acceptance of a Deed, each Owner of any Lot shall hereafter be deemed to covenant
and agree to pay to the Association the assessment described herein, shall have acknowledged
the creation of a contractual lien for the assessment prior to the establishment of any homest~ad
exemption from foreclosure and forced sale and shall have waived said exemption from
foreclosure and forced sale in the assessment.
3. Access at Reasonable Hours: For the purpose of performing the maintenance
authorized by this Article, the Association, tllfough its duly authorized agents or employees,
shall have the right, after reasonable notice to the Owner, to enter upon any Lot or the exterior
of any improvements thereon at reasonable hours on any day except Sunday.
ARTICLE VII.
ARCHITECTURAL CO~TTROL
1. Architectural Control: No building, wall, fence, or other structure or
improvement of any nature including, without limitation, swimming pool, screened enclosure,
permanent barbecue pit, mailbox, lamppost, landscaping, or landscaping device, shall be erected,
placed or altered on any Lot until the construction plans and specifications and a plan showing
the proposed location of the structure and landscaping as may be required by the Architectural
Review Board (ARB) have been approved in writing by the ARB named below. Each building,
wall, fence, or other structure or improvement of any nature, together with the landscaping,
shall be erected, placed, or altered upon each Lot only in accordance with the plans and
specifications and plot plan so approved. Refusal of approval of plans, specifications, and 'plot
plan, or any of them, may be based on any ground, including purely aesthetic grounds. Any
change in the exterior appearance of any building, wall, fence, or other structure or
improvements, and any change in the appearance of the landscaping, shall be deemed an
alteration requiring approval. The ARB, which shall consist of three (3) members, who need not
be members of the Association, shall have the power to promulgate such rules and regulations
as it deems necessary to carry out the provisions and intent of this paragraph. The ARB shall
CAK I'Jm.lXX>>.j I :77',0 10496
10
't......
(>.
"-:'7-''''
. .
be appointed by the Developer as long as it holds title to a Lot and, thereafter, by the
Association. The address of said Board shall be that of the Association.
2. Architectural Review Board: A majority of the ARB may take any action the
ARB is empowered to take, may designate a representative to act for it, and may employ
personnel and consultants to act for it. In the event of death, disability or resignation of any
member of the ARB, the Board of Directors of the Association shall designate a successor. The
members of the ARB shall not be entitled to any compensation for services performed pursuant
to this Article VII.
3. ARB Reports: The ARB's approval or disapproval of plans and specifications
shall be delivered in writing to the Board of Directors of the Association and to the Owner
submitting same. In the event the ARB fails to approve or disapprove plans and specifications
within thirty (30) days of submission thereto, approval will not be required and the related
criteria shall be deemed to have been fully complied with.
4. Powers and Duties of the ARB: Any party aggrieved by a decision of the ARB
shall have the right to make a written request to the Board of Directors of the Association,
within ten (10) days of such decision, for a review thereof. The determination of the Board upon
reviewing any such decision shall in all events be dispositive.
5. Master Association Approval: No plan or specification shall be submitted to the
Master Association for approval, unless and until it has received the written approval of the
Architectural Review Board, whose approval, notwithstanding the foregoing, shall not be deemed
fInal until such plans and specifications are also approved in writing by the Master Association.
In the event the Association is delegated any and all powers of the Master Association
concerning architectural control then, to the extent provided in the resolution making $uch
delegation, the requirements as forth above and elsewhere in this Declaration as to the approval
of the Master Association shall be waived.
ARTICLE VIII.
RESTRICTIONS
1. Land Use: The Property subject to this Declaration may be used for residential
living and for accessory uses as defmed by the Code of Ordinances of the City of Boynton Beach
and for no other purposes. No business or commercial building may be erected on any Lot and
no business may be conducted on any part thereof, provided that this is not intended to preclude
the Developer from the construction and use of sales models. No Lot shall be divided,
subdivided or reduced in size. No dwelling or other structure or improvement shall be erected,
altered, placed or permitted to remain on any site not including at least one (1) fully platted Lot
according to the recorded Plat of The Isles at Hunters Run or the plat of any portion of the
Property .
2. Building Type: No building shall be erected, altered, placed or permitted to
remain on any Lot within the Properties, other than one detached single-family dwelling
containing a fully enclosed first floor area of not less than:
CAX 113793 00>>.51277,01 0496
11
;tf!.'
"',
2. juiI~ Type: No building ~hall be erected. altered~ 'p~ or p::rmitted. to
on any Lot within the Properties, other than one detached sUlgle-famUr dwclliDg
~jning a fully enclosed first flour area of not leas than:
'1
A. 1;400 square feet . for a l-story residence
B. 2,750 square feet. ~ for a 2-story residence
exclusive of open or screen or tooted porches, tctI11Ce8, patios and suases) , u;:d shall not
xceed two stories am thirty (30') feet in height, shall have a private and encl~' garage for
t less than two (2) cars. \\tl1ether a one (1) story or two (2) story d.welling, no ~)kllCC shan
in less than 1 ~400 square feet of liv~hJe enclosed floor area (exclusive of ope~ or screen
or roofed porches, terraces, patios, aud garag~.) Unless approved by the ARBl as to use,
location and architectural design, no ~w'age, tool or .stOrage room may be construc:ed separate
and apart fmm the residential dwellin~. nor can any such structure(s) be COnstl'Uc:ed prior to
cOJJStn1ction of the main p:sidential dwelling.
. i
3. Roof: The oowposition of all pitched roofs shall be tile, cedar shake s~lingle. slate
or other composition approved by the Architectural ReYicw Board. The minimum pltch of ~c.h
roof Ahall be five (5) to twelve (12).
I
J .
4. furages: In addition to the requirements stated in Paragraph 1 herejnabove, all
garages shall bav" a minimum width of twenty (20') feet for a two-ar earage, thiJ:ty (30') feet
for a three-car garage, or forty (40') feet for a fuur-car larage, measured from the1nside walls
of the iaraee- All gara,2es must have either a single overhead door with a minimunll door width
of ,sixteen (16') feet for a two-car garage, or two -(2) sixteen (16') fcocO-oors fc.r a four-car
g~t:, or two, th1ec, or four individual overhead doors, each a minimwn of sevef.[ (7') feet in
'width, and a service door. No carports shaJ1 be permitted.
5 - nrivew~ ConstructiQll: All dwellings shall have a paved driveway i;tf stable and
pennanent constrUction, with a minimum width at the entrance to the garage at It:a:~t l wo (2 ') -
feet wider llw1 same and designed to provide easy access ther~to_ Un Jess priot! approval is
ubtained from the ARB, all driveways must be constructed with concrete or othet impervious
material, except asphalt.
I
6. Master PIon: All setbacks (including, but not limited w, building, sw::lIIl1riing pool.
and screc.m roof enclO3UJC sctbacb) shall bo in a~ordance with th.e City of Bcf.vnton Beach
approved Ml1Ster Plan (the "Master Plan") for the Property. as amended :from time:to time. All
other improvements on the Property, not identified on ~ Master :Plan, sha)l be in full
compliance with the regulations of the City of Boynton Beach Code of Ordinance".
7. G~es and Play Structures: All basketball backboards and any otbe{ fIXed iames
and play structures shall he located at the rear of the dwelling, or on the inside port~on of comer
Lots within tbe setback lines. No platform, dog bouse, playhQu~ ur Stl1:1CtuI'e of & similar kind
or nature slulll ~ constructed on any part of a Lot located in front of the Iea~l' line of the
-deuce constructed thereon, and all)' such structure must have prior a.pproval c( the ARB.
\
j-r; \E6 ·
~d'~ A'!~\~V;~
r. ~ I
e\ v \) j
~lumGlOQlJ~
12
TOTAL P.03
. "'~, Ii 1996
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
NOVEMBER 7, 1995
This item will remain on the table.
c. PROJ ECT NAME: Papa John's.... ....................................._....................... TABLED
APPLICANT REQUESTED TO BE TABLED UNTIL NOVEMBER 21, 1995
AGENT: Interplan Practice, Ltd.
OWNER: Papa Johns USA
LOCATION: Northeast corner of N.W. 7th Court and Boynton Beach
Boulevard
DESCRIPTION: NEW SITE PLAN: Request for site plan approval to construct a
1,142 square foot take-out pizza store on .22 acres
This item will remain on the table.
Mr. Kilday requested that Item X-D.l be moved up on the agenda to accommodate people in
the audience.
Motion
Commissioner Jaskiewicz moved to move up Item X-D.l. Vice Mayor Bradley seconded the
motion which carried unanimously.
x. LEGAL
D. Other
1 . Approval of Settlement Agreement with Summit Properties and
Master Plan approval for Isles of Hunters Run
Attorney Cherof advised that the City has been engaged in litigation of the Summit Properties
for many years. In 1991, the City sought declaratory relief from the Orcuit Court with respect
to development rights. The Court held that an earlier stipulation and court order from 1973
or 1974 locked in specific land uses and zoning for the property that fronts on Congress
Avenue just north of Hunters Run. Within the body of the stipulation and final judgment was
a prohibition against residential use on that property. Over time, it appears that the desires
of the developer have changed with regard to what should occur on that property. We have
engaged in negotiations with Summit Properties and the potential buyers of the property to
process a rezoning, land use amendment and approval of a master plan.
The settlement agreement would require that the application to rezone the property to PUD
would be granted provided it is limited to single-family usage and an LUI rating of 4.00. The
23
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
NOVEMBER 7, 1995
application for a change in land use designation would be approved, and the designation
would be changed to Low Density Residential.
With respect to the master plan, there are issues with respect to access, drainage, and
recreational amenities which can be resolved if this community is taken in under the umbrella
of the Hunters Run Master Association. The master plan could be aplM>ved with the following
conditions:
1. Approval of the adjacent Hunters Run community to include the "Isles" as one of
their associations with equal rights with respect to access, drainage, and recreational
amenities. The City must be provided with documentatioo of that approval. The
Hunters Run community will not be able to formally vote on this until some time in
December.
2. There are issues relative to proposed setbacks. The prop~1 would be that there
would be 15' front setback, 10' rear building setback, 7' rear building setback when
there are pools, jacuzzis, or whirlpools,S' rear screen endosure setback, 10' side
minimum building separation, 3' setback on the side where there is a non-zero side
screen enclosure,S' side setback when there is a non-zero side pool, and a building
height of not more than 30'.
There would be an appropriate notation made on the master plan indicating the
maximum floor area that would be submitted to the Building Department on a lot-by-
lot basis as far as permitting to monitor land use density. That information shall be
charted on the face of the document. If there is an excess amount of square footages
left over based upon the LUI calculation, all of the approved units will share in the
excess.
If approved, the settlement agreement will be outlined in the development order which would
be signed by the City Attorney and the City Clerk, recorded, and submitted to the court with
the stipulation.
Maurice Rosenstock, One Villa Lane, was authorized to appear this evening to advise the
Commission that when this project is approved, Hunters Run has every intention of allowing
the Isles of Hunters Run to have all the privileges and access that all of the other 21
condominium associations are allowed at the present time. He urged the Commission to
support this project.
Mayor Taylor pointed out that these homes will cost approximately $350,000 and above. This
will be quite an attraction to our housing stock.
24
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
NOVEMBER 7, 1995
Kieran Kilday advised that he will be coming in with site plans very shortly. This project is
on a very tight time frame because of financial and contractual obligations. He is hopeful that
this project will receive final approval from the Commission during the first week in January.
Motion
Vice Mayor Bradley moved to approve the settlement agreement contained in the package,
and authorize the Mayor, City Attorney, and City Clerk to execute the appropriate documents.
Mayor Pro Tem Matson seconded the motion which carried unanimously.
Attorney Cherof advised that without the assistance of the developer and representatives of
Summit Properties, the City would not have been able to fast-track this matter and bring it to
an amicable conclusion.
THE COMMISSION RETURNED TO THE REGULAR ORDER OF THE AGENDA.
D. PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Tara Oaks PUD ............................................................. TABLED
Ki Iday and Associates
Bill Ray Winchester
Northeast corner of Woolbright Road and Knuth Road extended
Request for approval to modify the previously-approved master
plan to change access points, recreational amenities, unit type
from apartments to townhouses and use acreage
City Manager Parker advised that at the last meeting, there was a debate about the road
closure of SW Congress Boulevard The applicant has researched this issue and located a
stipulated order from DCA that was made part of the record with the map that was referenced
at the earlier meeting showing the road closure that was sent up to DCA. That map indicated
the open space to. be located just north of the north right-of-way line of SW Congress
Boulevard. The applicant was notified this morning that it was staff's intention to recommend
that since there was a stipulated order from DCA, the back portion of the open space area is
to be limited to recreation facilities, open space and water management tracts. Currently, the
site plan shows a 12-unit building in that area considered by staff to be a problem. The
applicant has not had the opportunity to relocate that building on site. They would like to
switch the location of the pool into the open space area and see if they can still fit the 12-unit
building in the remaining site area. At this point, the total unit count is not available, nor is
there a density number for this project.
Mayor Taylor said he researched the issue of the road closure. His concerns have been
satisfied, and he does not have a problem with the road not going through. He does,
however, have a concern relative to the number of units.
25
. lW
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-584
TO: Tambri J. Heyden
Planning and Zoning Director
FROM: Michael E. Haag ~/vz.c.. . Q y:k;:j'd0L/ 0-2-
Site and Zoning Development'~dmiftistra~
DATE: October 12, 1995
SUBJECT: Isles at Hunters Run PUD - LUAR 95-005
1st Review Comments for Master Plan Approval of 56
single-family detached zero lot line units on platted
lots in connection with a rezoning of 29.71 acres from
C-3 to PUD.
Please be advised of the following comments relative to the review
of the Master Plan for the above-referenced project:
MASTER PLAN COMMENTS:
1. The final determination from Palm Beach County Traffic
Division regarding the project meeting the traffic performance
standards shall be on file with the city and reviewed by city
staff prior to forwarding the project.
2. Add to the survey and show on the master plan the location,
size and type of all existing easements located on the
property. Indicate on the plan what your intentions are
regarding retaining or omitting the easements. [Land
Development Regulations, Chapter 2 - Zoning, Section 6. F. 8.
a. (2) (c) and Chapter 3 - Master Plan, Article IV, Section
3.H.I. and L.]
3. Label on the master plan the perimeter setback for the east
and south sides of the project.
4. Indicate on the master plan whether the streets within the
project and leading to the project are public or private. If
the streets leading to the project are private, provide for
staff review of an unsigned cross access easement agreement
between both property owners.
5. Specify on the master plan the minimum lot frontage,' minimum
lot width and minimum lot depth.
6. It is recommended that the front setback be increased to no
less than 25 feet (regardless of type of unit) and specify on
the master plan that the lot coverage shall not exceed 45
percent.
7. Add a note to the master plan indicatin9 th.t the projeet i.
subject to fu'ture platting and site plan review prior to
permitting.
8. Change the title of sheet 2 of 3 from Master Site Pl.n to
Master Plan. Omit ah.et 1 of 3 and incorporate all applicable
data on the site titled Master Plan. Add to sheet 3 of 3 the
lot and street layout.
9. To clarify the setbacks indicate on the master plan the front
of lot 56.
Page 2
Isles at Hunters Run PUD
1st Review Comments for Master Plan
10. It is recommended that a 10 foot wide landscape tract be shown
on the master plan at the rear of lots 27 and 2B. Clearly
indicate on which tract the perimeter buffers and landscape
easements are located, i.e. -- does the easement behind lots
one (1) through 27 encumber lots one (1) through 27 or lake
tract one (1) or two (2)?
11. Provide data showing compliance with Land Development
Regulation, Chapter 3 - Master Plan, Article IV, Section 3. M.
regarding subsurface soil conditions and groundwater depth.
Also, add a note to the master plan regarding subsurface soil
conditions and groundwater depth as described in the afore-
mentioned code section. Compliance with this comment is
required prior to forwarding the request. The City Engineer
shall determine compliance with this comment.
12. Add a statement to the master plan that all utili ties are
available and will be provided by the appropriate agencies.
Compliance with this comment is required prior to forwarding
the request. The City Engineer and Utilities Department shall
determine compliance with this comment. [Land Development
Regulations, Chapter 3 - Master Plan, Article IV, Section 3.
P. ]
13. Homeowners' association documents are required to be submitted
prior to plat approval. The documents are subject to review
by the city's legal staff, Engineering Division and Planning
and Zoning Department.
14. Specify on the master plan that the maximum floor area will be
submitted to the Building Department on a lot by lot basis as
part of permitting to monitor land use intensity.
15. Submission of a rectified master plan will be required to be
submitted to the Planning and Zoning Department in triplicate
prior to platting and site plan review of the project.
16. Comments relative to completeness of the application,
beginning with the respective application item number, are as
follows:
1.2
As the request must also include a request for a
land use amendment, item "C" must be checked rather
than item "A";
I.B
The proposed zoning district, Planned Unit
Development, should also include the proposed land
use intensity;
1.14
The application should indicate the current land
use category as Local Retail Commercial, not Office
commercial;
1.15
The application should be revised to also request
an amendment of land use plan to Low Density
Residential, and this proposed classification
should be shown here;
Include the number of dwelling units proposed on
the master plan;
1.16
II.C.l
The application lacks endorsement (written consent)
by property owner ( s) . The application shall be
signed by all parties. A separate letter from
property owner(s) can be faxed or mailed;
Page 3
Isles at Hunters Run PUD
1st Review Comments for Master Plan
C.3 The application lacks consent by property owner(s)
authorizing agent to process request;
h(3) Although due to size of the proposed Planned Unit
Development, phasing information is not imperative
to the application; however, the application does
require timing or phasing information; and
IV./V. As indicated above, the application lacks the
signature of both property owner(s) and agent (see
Item II.C.1 above).
In conclusion, the applicant has agreed to modify the plans to show
compliance with the comments made by staff relative to master plan
approval and return same by 5:00 PM on October 17, 1995. The
amended plans will be distributed to staff by the Planning and
Zoning Department and the project will be placed on the October 24,
1995 Technical Review Committee meeting for second review. If a
rectified master plan (no comments outstanding) is achieved by
November 1, 1995, the project is planned to be presented to the
City Commission on November 7, 1995.
MEH:dim
xc: Central File
.: lSTISLIS. COli
RECREATION & PARK MEMORANDUM #95-468
I. ". :;i. ..... ~". .1. [)....'. ......I~ D' \:!' \~ . ..1.
! I 0 J 11;.Jl~ :~_._"~~_w, ·
\ I n\ ~... ;\G~.-I1.'-r' ')~ ~ 3' ~ i
piLl . ~I I \ .
; I ~,.~~...~w.."."__li
l l--:-,"q'I'.:1' ^'I~j a
. PL,I"li.., ,:1." L.rnnl
. 70i'!!;;\; L::l.L.._, .....
.-,..,'.""......_--'--'..,'......,
"'
TO: Tambri Heyden, Planning & Zoning Director
FROM:
Kevin J. Hallahan, Forester/Environmentalist
,zd{f
RE:
The Isles of Hunters Run - Site Plan
DATE:
October 13, 1995
The applicant has submitted an existing tree plan which is attached to this memo. The trees will be
incorporated with the landscape plan. I will coordinate the plan with the site clearing permit.
KH:ad
Attachment
SEP-l9-'95 TlE 11:34 ID:KILT"'"'Y &1 ASSOC
TEL I'D: 407-689-2592
~143 P01
...
....., It A........
Llindea8pt Ar;h1.../PlMlntl'l
1&61 POf'um PIau
8u1ta100A
Wilt Pllm ..;h, fIlorld. a:M01
14071 ..aazz · f..: 14071 _-2!12
PhOne .
Fill .
FlU
MEMORANDUM
DATE:
September 16, 1 SS5
TO:
Kevin Hallahan; City of Boynton Beach Forester
FROM: Karyn I. Janssen \<\ ~
RE: The Isles at Hunters Run. Site Visit
OUR PROJECT NO.~ 1247.1
=============~~~~~~;~~~~~~------=========~-=~=-~
As we identified on our site visit on Wednesday, September 13, 1995, the site Is
predominately covered with exotic vegetation consisting or ear Leaf ACaOIa Trees,
Australian Pinesl Melaleuca, and Brazllllan Pepper. There are some native trees on site
that would count towa.rds the no net loss requirement of the City. There are
approximately thirty (30) Mahogany trees located directly adjacent to Congress Avenue
and planted about thirty feet on center. There are an additional Seven (7) Mahogany
Trees which are planted around the Jewish Federation center, Four (4) Sabal Palms and
one (1) Slash Pine were located throughout the rest of the site. Of the native trees noted
above, the deslre of the City would first be to preserve them In place. the next option
would be to relocate them on.site. If this Is not possible, then 8 third option Is to relocate
the trees off-site and the last option would be to mitigate. Mitigation consists of replaclne
one tree that would be removed with one new tree In the common area of the new Site
PI~n.
After appraising the plant material on site. there are four Mahogany Trees which are
highly shaded by five (5) large Flous Trese on the east of the Jewish Federation Building.
Therefore, we will be mitigating for thea" four (t4) tree.. The four (4) SClbal PCllm$, due
to their IOC&1ion. will most likely need to be relocated on site If the Site Plan Incorporates
Sabal Palms In the design. The one (1) Slash Pine will simply be mitigated due to the
fact that It can not be preserved In Its looatlon nor relocated due to the low survivability
of a relocated pine, With the double row of Mahogany TreM located along CongrGGs
Avenuo, there Ie the opportunity to design theso troc5 Into tho Site Plan If the client so
desires to preserve these trees In place and If the site grading necessary Will permit their
preservation. There are several missing Mahogany Trees along Congreee Avenue and
the three (3) Mahogany Trees that are In healthy cond ition located adjacent to the Jewish
Federation Center Are 8pproximately the same size. These trees could be relocated to
Congress Avenue to fill In the holes of the missing Mahogany Trees. Relocation of the
three (3) Mahoganies adjacent to the Jewish federation will depend on theIr close
proximity to the building and the cost which could be prohibitive due to their size.
_____ SEP-19-'95 TUE 11:35 ID:KIl~~Y & ASSOC
. k -...
TEL NJ:407-689-2592
1:1143 P02
Mr. Kevin Hallahan
September 19, 19Se
Page 2 Of 2
Behind the Mahogany trees along COngress Avenue. there is an approximate five foot
borm and on top of the ben'll, Oleanders have been plaoed. The Oleanders have not
been malntainod and will probebly be removed during lilt. oonetruotion duo to the fact
that the berm will be reshaped.
As we discussed, there are additional requirements of the City regarding landscape on
this site. There are two medians adjacent to the property however. due to the fact that
these medians have already been designed and grant monies have already been applied
for to pay for the cost of the materlells and the Installation, this requirement will need to
be further discussed wltn the City Manager. Cue to the fact that there are two lakes that
are proposed to be dug on the property, the last landscape requirement tor this site
would be littoral planting plans. The one lake that is adjacent to the west and south
property line of the site Is proposed to be enlarged with a finger-like extension Into the
property. It Is my understanding that only that portion of the lake that fall. within our
property should be subject to the littoral planting requirements. The lakes at Hunters
Run are existing and have already had to comply with the Littoral Plandng Plan
requirements of the City. The property owner of this site should not be responsible for
any additional plantlngs required off-alte.
If you should have any questions or ooncerns regarding the Information discussed
above, please feel free to call me at (407) 089-5622.
00: Andy Stllnbwg
. '.
FIRE PREVENTION MEMORANDUM NO. 95-358 WDC
,I \ i: i, I' 1',1' I:: i ,
t i..! , " I' I 11'1
. i Ii: , III
,i'.;'! l I
: lill IWI I'j !l!!)
ulJ! . ~ ~I..J
L,.,~-~_~,__l
PLP.iHlIWl MJ[) /I.. .I
ZOiJiNG I1FPf. 1.}7?'l.e/
_.-:_,_ W- "fll lP'l _""'"
TO: Planning Department
FROM: Fire Department
Dl\TE: October 12, 1995
RE: Isles at Hunters Run
Follow the attached Fire Department guidelines on security gates.
Enlarge the ninety foot (90') cul-de-sac to one hundred feet (100'). The minimum distance
between buildings shall be fifteen feet (15'). Detached structures, trellises, etc., must leave a
minimum of five feet (5') of clear width to Fire Department access.
/~~~~~-t
William D. Cavanaugh, FPO I
cc: Chief Jordan
FPO II Campbell
File
SECURITY GATES AND EMERGENCY ACCESS:
The Fire Department continues to have the opinion that
security gates are detrimental to Fire and Rescue operations.
The minimum performance for security gates is as follows:
1- Gates shall be openable by telephone, with a call from
central Dispatch Center.
2- When the gate is opened by the call from central
Dispatch, it shall remain open until the emergency is over;
at which time central Dispatch will be told, by Officer in
charge, to close the gate.
3- In case of a power failure the gate shall open
automatically.
4- Appropriate "Hold Harmless" agreement re: damage to
gates equipment, etc.
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-716
TO:
Robert Eichorst, Public Works
Al Newbold, Building Division
William Cavanaugh, Fire Prevention Officer
Sgt. Marlon Harris, Police Department
John Wildner, Parks Superintendent
Kevin Hallahan, Forester/Environmentalist
Clyde "Skip" Milor, Utilities Chief Field Insp.
Bill Hukill, Deve~pmTnt Department
Michael E. Ha-:;y/:),;.,)-MI~'
Site and Zoning ~evelopment Administrator
December 13, 199~~
Isles at Hunters Run PUD - Master plan Modification
(sign-off)
- File # LUAR 95-005
FROM:
DATE:
SUBJECT:
The amended master plan for Isles at Hunters Run PUD has been
submitted for final sign-off by the Technical Review Committee.
Five (5) sets of plans, each requiring your unconditional
signature, are available for review in the Planning and Zoning
Department. A copy of the originally reviewed plans, staff
comments and City Commission approval of the Master Plan
Modification will be available for your use to perform the review.
Please review and sign-off each of the five (5) sets of plans, NO
LATER THAN 5:00 P.M., DECEMBER 20, 1995. If the plans are not in
compliance with your staff comments or City regulations, sign the
plans "subject to memo". To facilitate the sign-off process,
please resubmit written comments addressed to the Planning and
Zoning Director, NO LATER THAN 5:00 P.M., DECEMBER 20, 1995.
It should be noted that the applicant is preparing plat documents
that will be processed through the Development Department. The plat
and construction documents shall coincide with the signed-off
Master Plan, any major deviation desired by the developer must be
approved by the Technical Review Committee.
Thank you for your prompt response to this request.
MEH:bme
cc: Floyd Jordan, Fire Chief
Charles Frederick, Recreation & Parks Director
Thomas Dettman, Police Chief
John Guidry, Utilities Director
Tambri J. Heyden, Planning & Zoning Director
Pete Mazzella, Assistant to Utilities Director
Steve Campbell, Fire Department
Central File
a:wlsignof.ISL
."
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-716
TO:
Robert Eichorst, Public Works
Al Newbold, Building Division
William Cavanaugh, Fire Prevention Officer
Sgt. Marlon Harris, Police Department
John Wildner, Parks Superintendent
Kevin Hallahan, Forester/Environmentalist
Clyde "Skip" Milor, Utilities Chief Field Insp.
Sill Hukill, Deve p:;:;nt Department
2
Michael E. Haag .
Site and Zoning evelopment Administrator
FROM:
DATE: December 13, 199
SUBJECT: Isles at Hunters-Run PUD - Master Plan Modification
(sign-off)
- File # LUAR 95-005
_b...
The amended master plan for Isles at Hunters Run PUD has been
submitted for final sign-off by the Technical Review Committee.
Five (5) sets of plans, each requiring your unconditional
signature, are available for review in the Planning and Zoning
Department. A copy of the originally reviewed plans, staff
comments and City Commission approval of the Master Plan
Modification will be available for your use to perform the review.
Please review and sign-off each of the five (5) sets of plans, NO
LATER THAN 5:00 P.M., DECEMBER 20, 1995. If the plans are not in
compliance with your staff comments or City regulations, sign the
plans "subj ect to memo". To facilitate the sign-off process,
please resubmit written comments addressed to the Planning and
Zoning Director, NO LATER THAN 5:00 P.M., DECEMBER 20, 1995.
It should be noted that the applicant is preparing plat documents
that will be processed through the Development Department. The plat
and construction documents shall coincide with the signed-off
Master Plan, any major deviation desired by the developer must be
approved by the Technical Review Committee.
Thank you for your prompt response to this request.
MEH:bme
cc: Floyd Jordan, Fire Chief
Charles Frederick, Recreation & Parks Director
Thomas Dettman, Police Chief
John Guidry, Utilities Director
Tambri J. Heyden, Planning & Zoning Director
Pete Mazzella, Assistant to Utilities Director
Steve Campbell, Fire Department
Central File
a:wlsignof.ISL
(-:---'-"--+- OCT-23-'95 I'D'l 15: 13 ID:KY QAY &1 ASSOC
lid.,. ..oci.t..
Landscape ArehiteetsjPlonners
15~1 Forum Plcce
SUite 1 aOA
West Polm Beach, Florida 33401
407 689-5522 -Fo><: 407 669-2592
TEL t~:407-889-259?
1:1632 P01
t:.
'_1'
,
, .
/' .! i J !~1 /t; r5J -~ _ "'-. ~...~->:--,>>'--
,I,., /, 1/ n.. Y.. I~ ,...,
. ,. 5 I '
i . '-~"7 {fll
i ; 'I II
! 1 t ..
i
~""hj
I
'''-"-..,...
, FAX TRANSMISSION
;:~~M/ ~0//d#J?ff/ ~/::d
DATE: ~.5):3~
_~OM: ~~4 L;~~-=,
SPECIALINSTRUC~'ONS: ~,e ~~
- 4. ~F7 ~~rJ~'15=~Z /r{,t!7"'"..9
r:~_f Z /?'.R~d # J5..~J>~/~H1.,t..,el'~3
~~....
~ COF'Y WILL.' BE OR1GINAL'DOCUMENT
_ ORIGINAL DOCUMENT TO FOl.l.OW IN MAIL
NUMBeR OF PAGES: "9 (INCLUDING THE COVER SHEET)
CUENTNAME: ~
PROJECT NUMee~~ ~~.
1............._....'.~ .... ,~,
/)
u
1:*532 P02
1~~'='2 F .01
toe.lIP NWIIe
~~--:- OCT -23-' 95 11OI-l 15: 13 ID: KILDAY & ASSOC
CCT-Z~-1i'5 0'131 F~OM
'.. ~...... .';Ii U
TEL ND:407-689-2592
TO
.
....... .. ...
--"'... ~....
.... UlmJI_
....,.,.- ...".,..... ,
-..... .'......e
........mst .. ..It"......
....,.,. .. .,.....,
"'r.lr1fM & ,.......,..
~.,...,...,. .. _'W "'11I61'
....,... II. .,....
........trtD.....~ MIll T.....
........", ~
... ....Ift. *' ......
~"'".. ., ~Dtlt-
*'"- II. .....
.... ~ ............
"""~ . .....
~. ........1. _ __..
___....fl.., ...
S.CBS ~ S...x. P.A.
..""0-"11:', ," ~"
alM'l'. .&... - "15'''''11I'I_ T"..._WIIlI
...,-.-
.... ...... ,...-... .....
-
2: fE DJ ~ .b~
-,...- -.......
..... ... .,...,
.... ....'tOt&. ~..... ........,.11
....
"1M~l;It;t 011O'I.........
'Cl.ICiOI'IlClr ..." .......... -..
-
Oat~.~ 20, 1"5
.,..~
..."..1Io4MI . "'''11.', """"
J'~ ....DIrLB - JqJJI7:1-,Glj
Z~ln, Ibiaoft, I.~r.
BeMlS", ICIAnIWl, UJitOISOli
UD C.NWI
20'0 8. _i.aap. 'lvt;1" h.it. 10'0
.to.L~ .loc1dA "111
a.. . hQ....5. ilw:a ~/C;am:rDtlrU1al 'l~.Ctt
0u.~_.1l1. IIn........1:' I 1 StJl~ .91
D..I' 7.1:""
Pur.u-.m: 'to CtUI:' ....~.i.A9 of Qc'tOber 11. 1915 ~~a.z'(U.ni' tb-
aI>>oYe"r.f.rlmaed ..tt.~, pl.... 1010 ..dviafltd o%: the follow1a9;
1. Xy eli.fit, ~b. l\Ulte:. I.M 'l'4?P4Irty OWl).lra A...ocJ."~ion,
aO""Cltl to "tb. ~.. of tile n... W~. X.l.. .t lunt.J:I IUza, toa ~.
Ula<< 1w .YOur olia2)t to:' ~. ~..U.,.t:.i.l cJevelo,_nt of tbe
eo..rolal fraot.
2, "' c11.n.t wilL 8XeC'llte ceo.. .......to. ,,'1t.b your olot,nt
f.. tJ1t v... u: tr~ct J with1b lul.'lter. hn, ~o '~'CI1; 6Clr;:e... ~o YOQZ
g11.n~" ~oj.ct,
J. lOur alieDt will be allowed ~o ic.t~l Jl'~.9. at W.lt
14M &at Iwrrau.t, whieh i. .i.,ilar ta otJuu. .itJ:lily. v.i'thin \fat
._1:.~. IuQ COIDUuty..
.. 'Wig &--,u4 'to th. 11... of tit.. ~.oltt...t:j~CtD..l ...u.&.....t..
wl..Ia.;&." htl\er. wu, Jil...e be advi..d t.hAt ., clic1'lt. a:r:. pl:'.pui~
~oiO 1\0:111 . aUlbu.b.1p "Qte to allow you~ olt.eu't r. pr:'o)ect. ~o ~.
i_ca:cpt~.".4 i.ft.tlo t;h. lIu.n~.r. .u.n .tn). While I canriot. Wuant.. "
f.~~ibl. ~..~-, .1.... ~. Adv18ea t~.t th* S~~~ ,~f Dlr.otQ~. at
t~. a..ociatlen 1. .\~.a,l, ~eQ~.A4!Dg th.t the 3~.~.hip vot.
1ft t..,o~ 01 il'1C,'lu.loA of t.n. CO....,t'o1.1 'l'l:'acrt i.,,'t.o ':1:14 Bl.Lftteli. alan
...,. ....~J
~;',~--l. OCT-23-'95 MJt-,j 15: 14 ID:KILDAY & ASSOC
v
u
**632 P03
14~?'i;~59~ P.~
1'0. .a? ........ ,.
DCT.21-139~ 0'1~Z ~~OM
-. 111IIIII .'.,
TEL NO:407-689-2592
TO
~.'I
~.v~.. aa,~rrf BIQU~Ma
OQ'.,;r; to, lll!
I.p :I
1".1.".. Quo. ....it. Q.f the U~D~.:r. R.aA 'zoo"...., ~h. .t.taQ~
=.. clu'. .c "ft. C:~g:l.al. ~..<=t., ~L1J. ~h.n lot. .n1;J.1:o1ec:l ",0
~oh.... ....~.bip. :i.1l. ~. .u:rct:..~... 1lu:Q Coun't.r}' C1~, aDd .~11
them..lve. af all the rB~r..tion ~itie. cu~.~tly availab1e to
other 1:..id.Dt. gf IIUnter. Itun who aX'. 88111])o:r. cf the COllntrJ CluJ).
1'MIla '" tJa~u;h 4 uo.., ara c:rOAditioned upe'lI rouz eli.At'.
puou.. and cl..,.loaaeat of the .c~z::eial ':ract II ... a xeeidaJ)t.l.l
i!&.._lcpaaDt whh 110 JIOre than SI unita.
I' YO\& hay. pY ClUe..~loc. ~1I91l1:d.iD" t.... J.epr.'.Dtation8,
p1..'8 40 ~ot b..it.~. to co~t&~ n..
'0.1' t.tij17 r~:.,
-..en , W., 'IA.
Q,J) t (Ill
IttvllA 1,.. ~111'11.
001 .\aD1;er:. I\IU1 1'J:'~Z'ty 0Wnu-. Aalooat:icn,rna.
.,
..
......... . .-. . 1'<0
......... ..... ........"',..,. -. ... N. ."11.' . _... _-. If.. ._......... ....._~ ljIIa" ....__ . ......._...~..., ._"...
\ \ i
,
: t
MEMORANDUM
UTILITIES DEPT. NO. 95 - 332
JYfyf/
TO:
Tambri Heyden, Planning Direc
FROM:
John A. Guidry, Utilities Director
DATE:
October 26, 1995
SUBJECT: Isles at Hunter's Run - Master Plan - 2nd submittal
We offer the following comments on this project:
1) Indicate the points of connection to the off-site water and sewer mains that will
serve this project. There is an existing water main proximate to the southeast corner
of the parcel, which should be one of the connection points rather than the main on
Summit Drive, as previously indicated.
2) Be advised that trees, other than palm trees, are not permitted within utility
easements. Shrubs are permitted. (Section 7.5-18.1)
3) Permits for the water and sewer system installation will be required from the
Palm Beach County Health Unit. Please coordinate the engineering plan approval
through this office. (Section 26-12)
4) Be advised that City water will not be provided for irrigation of the common
areas. (Comp. Plan policy 3C.3.4)
We have no objection to this plan proceeding through the approval process. Please
refer any questions on this matter to Peter Mazzella of this office.
JAG/PVM
xc: Skip Milor
File
RECREATION & PARK MEMORANDUM #95-498
U.. I
J.
0,.., I
_{; Ih
TO:
Tambri Heyden, Planning & Zoning Director
John Wildner, Parks Superintendent .JJ
Charles C. Frederick, Director \,,,1
Recreation & Park Department ' <)~
, ~
FROM:
THROUGH:
RE:
Isles of Hunter's Run
DATE:
October 26, 1995
The Recreation and Park Department has reviewed the 2nd submittal of the Isles of Hunter's Run
Master Plan. The following revised comments are submitted:
I. The original approved master plan for Hunter's Run totals:
1,650 multi-family units
33 single family units
A. Based on .015 acres x 1,650 multi-family units = 24.75 acres
.018 acres x 33 single family units = .594 acres
Total recreation requirements = 25.344 acres
B. Allowing one-half credit for private recreation
25,344 divided by 2 = 12.672 acres
2. Adding 56 single family homes for the Isles of Hunter's Run brings the total recreation
requirement to 56 S.F.H. X .018 acres = 1.008 acres + 12.672 acre = 13.68 acres.
3. Since Hunters Run developers dedicated 30 acres of land to the City for recreation purposes
(Congress Avenue Community Park), they have met the intent of our recreation dedication
requirement and the Isles of Hunters Run developers would not have any further recreation
dedication requirement.
JW:ad
FIRE PREVENtION MEMORAN1)lJM NO 95-366 WDe
TO: Planning Department
to LUlL \!l I? T;
. '" " ' 'j '.. ) .'
~"'- .~~,I
_. ,
PLANNING AND
--- ZONING om J
l<"ROM: Fire Department
DATE: October 30, 1995
RE: Isles of Hunters Run
The following guidelines still apply:
1. Maintain fifteen feet (15') between buildings.
2. Maintain five feet (5') clear width on zero side to allow laddering by the Fire
Department.
-./,'
, ,./ '
~ ,/ / [-de: C{"l lJ-c- (I-
William D. Ca anaugh, FPO I ()
cc: Chief Jordan
FPO IT Cambpell
(
I I
:'l :: I,
1 \\
I !l~ f..,
'.:1 I ~
" <. I
~ \:
I
:.\ I
1 .1
BUILDING DIVISION
MEMORANDUM NO. 95-395
'.' ,1. I].{"
AP- ,
October 27, 1995
TO:
Tambri Heyden
Planning & Zoning Director
FROM:
Al Newbold
Deputy Director of Development
RE:
TRC COMMENTS - THE ISLES AT HUNTERS RUN
MASTER PLAN REVIEW - 2nd SUBMI'ITAL
The Building Division has reviewed the above referenced plans and
the applicant's written response to our first review comments.
We still have a problem with the setbacks as shown. Because of
these setbacks a building area would be approved that exceeds the
40% lot coverage and if approved and developed as shown, would
exceed the floor area ratio (FAR) and would not be consistent
with the City's Land Development Regulations, Chapter 2.5 -
Planned Unit Developments, Section 5.
In responding to my first set of comments regarding the large
amount of lot coverage, the applicant stated that they propose to
construct guest houses and golf cart garages. If this is a
single family P.U.D., guest houses meeting the requirements of a
dwelling unit cannot be permitted nor can they be called an
accessory use, accessory building or structure.
The applicant would like to proceed to Commission for approval of
15' front setbacks to the garages and 20' setbacks to the front
of the houses and side setbacks as shown on the plans. The
Building Division requests that both our first set of comments
(attached) and this memorandum be sent to Comm1,~ign so that they
may be aware ot the large building area proposed and the
potential problems we may have.
~/
AI..N . bold
AN: bh
Attachment
XC: William V. Hukill, P.E.
ISLBS
, ii \':j Iii
, I 1'1
BUILDING DIVISION
MEMORANDUM NO. 95-382
B r" t
,~
October 12, 1995
TO:
Tambri Heyden
Planning & Zoning Director
FROM:
Al Newbold
Deputy Director of Development
RE:
TRe COMMENTS
ISLES AT HONTBR I S RUN - MASTER PLAN REVIEW
After reviewing the plans for the above referenced project, it is
not clear if we should comment on a master or site plan approval.
However, the Building Division offers the following suggestions
and comments to be added to the list from Planning:
1. Remove all sheets and notes from the master plan that belong
on the site plan. This would permit TRC members to make
master plan comments and hold site comments for site plan
review.
2. Setbacks on such deep lots should be more than 15 feet front
and 10 feet side and lot coverage should be a maximum of
40%'.
--
3. All temporary sales trailers and signs should be on
applicant's property, not off site.
Al~JP:
AN: bh
xc: William V. Hukill, P.E.
ISLJlS
DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM NO. 95-412
DATE:
October 23, 1995
~~AJ1~Wg~~D
FROM:
Tambri J. Heyden
Planning & Zoning Director
Mlf~~am ~ukill, P.E.
~W Englneer
(:(J} !. J'" ,
I,
TO:
RE:
ISLES AT HUNTER'S RUN - 2ND MASTER PLAN REVIEW
We have again reviewed subject plan and find as follows:
A. Items from Memo 95-402 which are satisfied;
# 2
# 4
# 5
#12
#13
B. Items from Memo 95-402 which were advisory, and which
related to future reviews;
# 1
# 6
# 7
# 8
#10
#14
#15
#16
#17
#18
C. Items form Memo 95-402 which have not been resolved:
# 3. Provide signed agreements for use of name "Hunter's
Run"; road access; golf bridge; temporary trailer;
POA membership; sign; lake access; recreations
amenities access; etc.
# 9. Provide certification by Developer's Engineer that
drainage plan complies with all City codes &
standards. Chap. 6, Art. IV, Sec. SA. pg. 6-7 and
Chap.23, Art.IIF, pg.23-8
#11. Inlets must be in grassy areas unless otherwise
approved. Chap.6, Art.IV, Sec.5B, pg.6-8 and
Chap.23, Art.IIF, pg.23-8
WVH/ck
C:ISLES@HR.2ND
TO:
Tambri Heyden, Planning & Zoning Director
John Wildner, Parks superintende.ntUJ
Charles C. Frederick, Director Ge/! h
Recreation & Park Department .~
-~
FROM:
THROUGH:
RE:
Isles of Hunter's Run
DATE:
October 31, 1995
The Recreation and Park Department has reviewed the 2nd submittal of the Isles of Hunter's Run
Master Plan. The following revised comments are submitted:
1. The original approved master plan for Hunter's Run totals:
3,504 multi-family units
32 single family units
A. Based on .015 acres x 3,504 multi-family units = 52.56 acres
.018 acres x 32 single family units = .576 acres
Total recreation requirements = 53.136 acres
B. Allowing one-half credit for private recreation
25,344 divided by 2 = 26.568 acres
2. Adding 56 single family homes for the Isles of Hunter's Run brings the total recreation
requirement to 56 S.F.H. X .018 acres = 1.008 acres + 26.568 acre = 27.576 acres.
3. Since Hunters Run developers dedicated 30 acres ofland to the City for recreation purposes
(Congress Avenue Community Park), they have met the intent of our recreation dedication
requirement and the Isles of Hunters Run developers would not have any further recreation
dedication requirement.
JW:ad
FIRE PREVENTION MEMORANDUM NO. 95-401
':
i fU: I') 'j O-
w I (_!
I
L--.__".___""
P1.J~;'.]NI(~~ i\\;f) ,
., 7.0N!:\i!} DEPT. -tJ.ty7.J
, ~'''''''''''''''''''''.'--~;:'',"""""~........_,^,,.,-~,-
TO: Planning Department
FROM: Fire Department
DATE: December 20,1995
RE: Isles at Hunters Run
/LUAR 95-005
NWSP 95-010
We have no further comments.
(
cc: Chief Jordan
FPO II Campbell
File
,r~;7-~ m" ~- n'~~~j~~" In)
u D ~ r---'" lIjli
DEPARTMENT OF DEVELOPMENT I UUL'" 3 , :~ l: i
ENGINEERING DIVISION MEMORANDUM NO. 96-004 f;l~JIT!i;~,::,'7r--'-
~'. ~=~~~,.J~J,'~~,[",fL~~,t~-~"~~--""~
TO:
Tambri 1. Heyden
Planning & Zoning Director
w.. ~ukill, P.E.
~ngmeer
FROM:
DATE:
January 2, 1996
RE:
ISLES AT HUNTERS RUN - MASTER PLAN COMMENTS
On November 7, 1995, the City Commission approved a master plan for subject project referred
to as Exhibit C in the Development Order. Four conditions are also listed.
The most recent master plan we have on file was last revised on November 7, 1995. If that
drawing is in fact Exhibit C (and therefore a rectified master plan) it is deficient in that Condition
D is not noted on the plan. We also do not know if Conditions A or B have been complied with.
Condition C has been satisfied.
Since no Engineering conditions were included in the Development Order, we have nothing
further to review in that Division, and you may therefore consider this as Engineering master plan
approval.
WVH/ck
xc: Mike Haag, Zoning/Site Administrator
C:ISLES@HRMPR
. OCT-~3-'95 MON 15:17 lI""lLDAY & ASSOC
TEL 1'D:407-689-2~"'J
1:1633 P01 .---
',:f23I005 @
FAX TRANSMISSION
TO: ~cM-/ ~,47/ M#Am ~A;(jI
FAA NUMBER: '-/ ,
DATE: ~ 0?3 /~
FROM: , ~d L17~
SPECIAL INSTRUc-nONS: ~~.~ ~ ~
~ 1 6r7 ~.4?"""'.:;?: ~Z /:t:i/!? 016-1
0~'" Z ~/1?'.#- Y5-~J~//eA?#~,I~~3
~7~-;~~~~
~~~~'a~:;::~
,~~~..
~ cOPY WILL.' BE ORIG1NAtoOCUMENT
ORIGINAL DOCU~NT TO FOl.l.OW IN MAIL
NUMBER OF PAGES; (INCLUDING THE coveR SHEET)
."-_.'''-.'-. ._-....~.
PL (;; ~riD~'
~ ~. I~.. _ ,~~.....",~ "_"
CUENTNAME: ~
PA~I!CT NUMB.A: .". . ..
L
00-23-'95 MON 15:18 !D" "'-DAY & ASSOC
OCT-21-19~ a~I~1 FROM
.... I...". ..aa U
TEL NO:407-689-250~
TO
1:l633 P02
l4076S92592 p.el
NO.lZ? '*~
u
.....'" .. ~
.....-.. .. tMnf.....
....tlIMW_
........--.- '
-..... .'oVl.....
.............. -.........
........ .....~,
~fMl6. ...........~
......,.,.... .... ".....y
NIM ........
....~... .......... "a..
........1#0....
~ ...."...-
AIn'M.... .. ..........
..... .. .....
.... ...".. lilt..........
JIltftlll.. .....
. -.... ........ - - -~
~.... -
s.cs. a,. S...x. P.,A..
.,.'DIlJrd... ., ~w
I_, .... . ~...._ T..... .....
...~ -..
-.ocfl ....... ""lJ"~-' .~
2 m b1 ~ "bj
"'..,.- _It"....
..... ... .....,
......,. "'"- ........."
-
'.lolI........,..,... ....
.c~~...,........... _..
OctOb.~ 20, l'P5
., ..-.
.~-. -1II1l1.". "'.,
~D.. ~""DULII: - 101/ J 'U-2G14
%~ Ibaeff, .1qu.1J:.
Ie , IClM-IHAIl, AUOIf8O.ll
go CAIWI
200 ." lleGlYU. 81.vcl., hit.. ~050
.~r 'lortda JJ1Jl
a.t' &an~.&l..u ~iC:Clllieni.l 'r~.C''t
0l1J!l >>"1, "n~.~1 "''''.01
DH&" In *
.........., 'Ill OUI: "RiD, of Oc~&' 18 , UJ,S "~GLI'4111t' t.be
....,..-~.~.EW8G.cl utt.r, pl.... " .dvi.... of the !Qllowtn,:
1. Ky alient, ~ Bunte&'. RIlft 'I'."y OW:14.ra A...oeLAt.S.on,
oo......t. too 'tb. c.. of the JlUtI Wh. %.1.. at IlUIter. Run, to b,
u... 171 {CNX' c:1.t..m: ~O&' the re.idutial 4ev.lopment. of U..
COM.arlll, "'ut. ..
2.. ,., 01.tea\t will ex.wt.e 01'0'. '.'_Q~' "r1Ul 'ou~ c11'J)~
foe the ".. of 'U'.c~ . ..1t)l1b Iullt81" Rim, to ie.at: 1IOc:... to YDIlr
gl1ent'l ~O~tet.
S" %~ o~ieat will b. allowed to 1G.t_ll.Lta... at W.lt
Lllke aJacl SWllll1t, "tell .i. .i",U.J:' tog o\ae% .i'li:ay. ".l~h1. u..
aU'l:H. ho C~tJ.
.- "i~ 1'.,..... '0 t:IIe ... Of th. ...Ii".~J~oza..t "'D.ltt..
.4..""" _lite:&'. ~.l .1.... be adviHCI t.bat -.r olt...,. .Joe pr:.~i!'f
'to hold . a.-.r.Ia.{p Yot. to. .Uow )'wr olt.ut r. P~o~.o" 'to ~.
tuqpozo..... Lat. tb.. aua'.r. aula .em. Wh11, % a.IlIIClt: ,tsar.tlt.. a
f."or&bl. lE'."u1~1 .1.... t-. tldvi.. tAU. ~b. ao.t:cI -:at D~I"t:'o&'. of
,~. ~'ooi.t1oR · .tl'06117 r:~~n4iD9 t_.t the J~.r.bi~ yot.
in I..or: of Jcelu.lon ~, tn. C~"'~oi.l ~.ot 1h~O .;~ .~t.~. ~U~
OCT-il-l~ 0'1~2 FROM
.. I........ ., sa \...I
TO
**533 P03
1407GS92592 P.02
tC.~ ~~
_..~_ OCT-23-'95 MON 15:18 lD~ '.mY &< ASSOC
TEL t.[): 407-689-25"'''
u
,.v~ .IlIMOl'J, 180~M
OtlIta'J: 20, lJJS
r.p 3
'1'-1.0.. Otac. ...~. 01 ~he .I\all~.r. JWA 'I'O'_~, t.he '"tue-e
ra. cI.Zlt. ot ~b. COIIUJ:a.ial hact, "ill then b. enti1:1ecl to
rurobu. aod~.hi.. .io U&. a..:nt..s:. Jtu:u CO'-1n't;.ry Club, aAd .vail
th...alv.. ~ all ~ .recZ'..t.lon mgii!e. c1U~Z"Il,tly avulab1. to
otbez' to..U.rat. gf lUn~rll .un who arll II.~X' ()f the countJ:Y Club.
I~' " UU:'Gup . ~, u. o.,u.'Cloned UpOD lour elL'D~'.
p\ln~... ud ~.".1C1~t o~ 'th. .C~l:chl 'l'zoact. .. . r:eciclenti.l
cs.....lo;oaut with no .,.-=_ thaD $6 unit.a.
I' 10\1 b&.,.. .Y qv..t.1DoI raop~di~ tM" ~:.pr".Dt&tioft',
'1.... dO kot ~..it.~. to eOBt&u~ >>..
'.'q: t.~ull row:',
JaC.I , 1aI,. I'.A.
Itn.1s 1,. DaaLe,l.
SrAUeU,
eel .utUI laD l':roperty OWar. ",.oo!et:.1en, tne.
\
......... . ....... .. 4Ilo.
....... .....-"...-...... .., ....,...w. -..-..... ........... 'I'c~s._c"'.., _1_..' ~C"&lCIf'......,,._.y..
PUBLIC WORKS DEPARTMENT
MEMORANDUM #95-184
TO:
Mike Haag, Zoning Site Administrator
FROM:
Robert Eichorst, Public Works Director
SUBJ:
Hunters Run
DATE:
October 10, 1995
t-...
/i~'1
I L i,.":) ,'i//;
''''-_ l
(. f~A~~~"-""" . it. ../;,
------lOf'; ;:.;.)..lrG -.AND~-f\lh.l(
....;.;.;;,:~,i
. .... I
The Public Works Department needs Cui Da Sac's to be enlarged at the above site. The
recommendation is 100'.
Call me if you have any questions.
R ert Eichorst
Public Works Director
RE/cr
BOYNTON BEACH POLICE DEPARTMENT
TRAFFIC UNIT
I! ,.\' f:'~rh-' \:,,'W-\f~-.\ "-1
II [i ! ~. i ~ .
11..: '
Ii 1 \
TO: T AMERI HEYDEN, PLANNING & ZONING DIRECTOR
FROM: SGT. MARLON HARRIS, POLICE DEPARTMENT
DATE: 9 OCTOBER 95
REF: ISLES OF HUNTER'S RUN MEMO #
-.
.:1 ~;rJ
I have reviewed the above plans and find no problems at this time.
Respe~~~
~rlon Harris
Police Department
BUILDING DIVISION
MEMORANDUM NO. 95-382
"'-~"".-._"~~ ~-. ~
. I~'~ ~ ~ rn n ~7 rn
II ~IJ,,'--~,'-'''--''._,',,''-J rn"
! : ill nfT I 3 IC~C\::' U
. u U ' l/..J "..-
I .
, .
; .._,........-.~... ~-,'....''t.-....."..,".-......._.........._
"1 . '"I''''' ~,,~
.J.r.I..;\/1r;fJl) n
, ',~'i:;'q ;-!t?r. ~(./~
"..-'....-......_..~. -.....- -' -..........,-,.-'.~-",....,_.'~.....,
October 12, 1995
TO:
Tambri Heyden
Planning & Zoning Director
FROM:
Al Newbold
Deputy Director of Development
RE:
TRC COMMENTS
ISLES AT IIDNTER'S RUN - MASTER PLAN REVIEW
After reviewing the plans for the above referenced project, it is
not clear if we should comment on a master or site plan approval.
However, the Building Division offers the following suggestions
and comments to be added to the list from Planning:
1. Remove all sheets and notes from the master plan that belong
on the site plan. This would permit TRC members to make
master plan comments and hold site comments for site plan
review.
2. Setbacks on such deep lots should be more than 15 feet front
and 10 feet side and lot coverage should be a maximum of
40%.
3. All temporary sales trailers and signs should be on
applicant's property, not off site.
~
Al Ne 01
AN: bh
xc: William V. Hukill, P.E.
ISLIIS
RECREATION & PARK MEMORANDUM #95-482
f'--~~'.n' '-'-'---"---
Ir~ lli ~ [~ ~ \~ m U"\
'Uur~~~.~~;.~ll~
PLAiJNING AND 0""
ZON!~~ DEET. ~
..
TO:
Tambri Heyden, Planning & Zoning Director
John Wildner, Parks Superintendent P
Isles At Hunters Run - Master Plan
FROM:
RE:
DATE:
October 16, 1995
The Recreation & Park Department has reviewed the master plan for Isles at Hunters Run. The
following comments are submitted:
1. Based on 56 single family homes x .018 acres = 1.008 acres recreation requirement.
2. Developer must demonstrate that residents will be eligtble to use a minimum of five recreation
elements in Hunters Run (or supply five separate elements) if he is to qualify for one-half
credit toward the recreation impact fee.
3. Assuming the developer qualifies for one-half credit then:
.lJillR acres = .504 acres recreation requirement
2
JW:ad
TO:
FROM:
DATE:
RE:
DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION MEMORANDUM NO.
....--- ')
r~rn@rnnwrn['
9S-402[]] oor"1119!I:i' ~
I UU I ~L:NN1NG AND L.. /
L...JilNG DEPT. VTT~
Tambri J. Heyden, Planning
Vt~~a~ Hukill, P.E., City
October 16, 1995
& Zoning Director
Engineer
ISLES AT HUNTER'S RUN - MASTER PLAN
We have
1.
2.
3 .
4.
5.
6 .
7.
8 .
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
~lU@f~.MP
reviewed subject proposed master plan and find as follows:
All plans submitted for specific permits shall meet the City's code
requirements at time of application. These permits include, but
are not limited to the following; site lighting, paving, drainage,
curbing, landscaping, irrigation and traffic control devices.
Permits required from agencies such as the FDOT, PBC, SFWMD and any
other permitting agency shall be included with your permit request.
Verify which roads require naming (for mail delivery) with U.s.
Postal Service.
Provide signed agreements for use of name "Hunter's Run"; road
access; golf bridge; temporary trailer; POA membership; sign; lake
access; recreational amenities access; etc.
The master plan is subject to the provisions of Chapter 2 of the
LDR Sec.9C, pg.2-80.
Provide a master stormwater management plan. Chap. 3, Art. IV,
Sec.3T, pg.3-6
Site plan review & approval required. Chap.4, Sec.2, pg.4-1
Include a statement on the plat that no buildings shall be placed
on any easements. Chap.5, Art.V, Sec.1D10, pg.5-7
Establish deed restrictions providing for a property owners
association to pay for the operation of a street light system
within the development. Chap.6, Art.III, Sec.14, pg.6-4 and
Chap.5, Art.V, Sec.2A4, pg.5-9
Provide Certification by Developer,s Engineer that drainage plan
complies with all City codes & standards. Chap.6, Art.IV, Sec.5A,
pg.6-7 and Chap.23, Art.IIF, pg.23-8
Minimum 15" pipe must be used in storm sewer. Chap.6, Art.IV,
Sec.5A, pg.6-7
Inlets must be in grassy areas unless otherwise approved. Chap.6,
Art.IV, Sec.5B, pg.6-8 and Chap.23, Art.IIF, pg.23-8
Provide easement to lake Tract 2 for access. Chap. 6, Art. IV,
Sec.6B, pg.6-9
Minimum cul-de-sac ROW diameter is 100'. Chap.6, Art.IV, Sec.10D,
pg.6-12
Need SFWMD & LWDD acceptance prior to Engineering approval.
Chap.6, Art.VII, Sec.4B, pg.6-24
County and/or State permits required for construction in R.O.W.
Chap.6, Art.VII, Sec.4B, pg.6-24
Applicant's attention is directed to Chap. 7, Pg. 7-1 regarding
surety requirements.
All swales, detention areas & disturbed areas must be sodded. If
not irrigated, use bahia sod. Chap.7.5, Art.II, Sec.5C6, pg.7.5-15
Excavation and/or fill permits will be required. Chap.8, Art.I,
Sec.2, pg.8-1
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-742
FROM:
Tambri J. Heyden
Planning and Zoning Director
--/'I ~ ~~,
Michael E. Haag ]"l~: \J
Current Planninudlnator
January 5: 1996 -
TO:
DATE:
SUBJECT: New Site Plan - 2nd Review
Project: Isles at Hunters Run
Location: West side of Congress Avenue approximately 500 feet
north of Summit Drive
Agent: Kilday and Associates
File No.: NWSP 95-010
The following is a list of comments regarding the second review of the
above-referenced proj ect. It should be noted that the comments are
divided into two (2) categories. The first category is a list of
comments that identify unresolved comments either from the first review
or new comments as a result of the second review. To show compliance
with these comments will not substantially alter the configuration of
the site and design or the building. The second category is a list of
recommendations I believe will enhance the aesthetics and function of
the project.
All comments and recommendations can be rectified on the plans at time
of permitting if the site plan request is approved. The applicant must
understand that additional comments may be generated upon review of the
documents and working drawings submitted to the Building Division for
permits for the proposed project.
I. SITE PLAN REVIEW COMMENTS:
The following comments are generated by a review of each sheet and the
drawings referenced on the sheet:
SHEET L-l of 11
1. On sheet L-l of 11 change the text in general note :i:: 2 2
(incorrectly identified as 21) found on sheet L-I0 of 11 to
include the following text regarding planting trees in
easements; "No trees shall be installed within utility
easements without prior approval from the City of Boynton
Beach utili ties Department". This note will match the
reference to planting trees in easements found on the plat
drawings.
SHEET L-2 of 11
2. To ensure that the proposed guardhouse complies vlith the
established perimeter setbacks f add to sheet L-2 of 11 the
approved south perimeter building setback dimension.
SHEET L-3 OF 11
3. On sheet L-3 of 11 change the "Model Center Parking Area II note
regarding subsequent permits by changing the word minimum to
minor. The model center area work may be processed as a minor
site plan modification and permitted separately from the
permanent common ground improvements.
SHEET L-5 OF 11
4. On sheet L-5 of 11 change the note regarding subsequent
permits for the work at the proposed construction office by
changing the word minimum to minor. The model center area
work may be processed as a minor site plan modification and
permitted separately from the permanent common ground
improvements.
Page 2
Memorandum No. 95-742
Isles at Hunters Run
NWSP 95-010
5. On sheet L-5 of 11 identify the specie and method of
installation for the lawn grass proposed for the north side of
the buffer wall located along the north property line.
6. On sheet L-5 of 11 change the 20' perimeter setback note to
25 I .
SHEET L-6 OF 11
7. On sheet L-6 of 11 identify the results of the Board of Zoning
Appeals meeting (BOAV 95-015 case # 214) regarding the special
exception to increase the site wall from 6 feet to a maximum
of 10 feet. The special exception is for the portion of the
site wall located along the north property line that exceeds
six (6) feet in height. Also, reference on the plans the case
number and approval date. If the appeal is denied modify the
plans to show compliance with the maximum wall height of six
~6) feet.
8. On sheet L-6 of 11 remove from the perimeter setback note the
following text II/Landscape Tractll. Also identify the purpose
of the dashed line symbol that is located at the rear of lots
1, 2 and 3.
SHEET G-l
9. show and dimension on sheet G-l the location of the
handicapped adaptable parking space required for the
guardhouse or provide written verification from the Department
of Community Affairs stating that they accept the handicapped
parking space for the Isles at Hunters Run to be located off-
site on the adjacent property.
10. Add to sheet G-l the following information regarolng the color
and type of exterior finish material for the guardhouse:
i. Manufacturer I s name, color name and color des igna t ion
(letters and/or numbers), and type of material proposed
for the decorative window sill located on the north
elevation of the building;
ii.
Manufacturer I S name, color name
(letters and/or numbers) for
columns.
and color designation
the pre-cast coquina
11. On sheet G-1 place a north arrow on the floor plan drawing.
Also, add compass directions to the elevation view drawings.
12. On sheet G-l identify the overall height of the guard-house
building (Note; overall height shall not exceed 2 stories or
30 feet).
II. GENERAL COMMENT(S):
13. On sheet L-8 of 11 identify the results of the Board of Zoning
Appeals meeting (BOAV 95-016 case # 215) regarding the special
exception to increase the size of the off-premise sign from 16
square feet to 20 square feet. The sign is located at the
intersection of Summit Drive and westlake Drive. Also,
reference on the plans the case number and approval date. If
the appeal is denied modify the plans to show compliance with
the maximum sign size of sixteen (16) square feet.
Page 3
Memorandum No. 95-742
Isles at Hunters Run
NWSP 95-010
14. Compliance with the outstanding issues related to the
Development Order dated November 20, 1995 and signed by Jlm
Cherof (City Attorney). More specifically 5. A. and 5. B. of
the order regarding proof that the Isles at Hunters Run has
been approved for inclusion in the Hunter's Run community of
associatlons, file documentation acceptable to the City
Attorney to demonstrate compliance with access, drainage and
recreational amenity issues otherwise required for development
of a planned unit development and payment of fee in lieu of
land dedication for recreational amenities.
15. The rectified master plan shall receive unconditional sign-off
by all Technical Review Committee members prior to permits
being issued for the project and prior to the zoning district
being changed from Community Commercial C-3 to Planned Unit
Development PUD w/LUI=4. 0 and the land use classification
being changed from Local Retail (LRC) to Low Density
Residential (LDR) with maximum density of 4.84 D.U./Acre.
MEH:dim
xc: Central File
!StgS2nd.NS1?
PUBLIC WORKS DEPARTMENT
MEMORANDUM #95-211
TO:
Tambri Heyden, Planning & Zoning Director ~.
JUUI
1
FROM:
Robert Eichorst, Public Works Director
SUBJ:
Site Plan Modification - 2nd Review - Isles of Hunters Run
DATE:
December 19, 1995
/
v'
~ '~,po ~_,,-. ......""'--.., ___
Lice 2 0 1995 ... !;
J~
PZLANNING AND
ONING DEPI
The Public Works Department has no problems with the above site. The project should be
forwarded to the Planning & Development Board/Community Redevelopment Advisory for
consideration.
RElcr
MEMORANDUM
UTILITIES DEPT. NO. 96 - 002
"'-'-
I ~:i
;! H I
;~
.~..,...J
TO:
Tambri Heyden, Planning Dire or
FROM:
John A. Guidry, Utilities Director \\
o i.
\j
DATE:
January 2, 1996
SUBJECT: Isles at Hunters Run - Site Plan, 2nd submittal
Most of our prior comments were not fully addressed on the resubmittal. We
therefore repeat those as follows:
1) City water will not be supplied for irrigation of the common areas. Please show
the proposed irrigation source and location on the site plan. (Comp. Plan policy
3C.3.4)
2) No trees or overhang of large trees are permitted within utilities easements.
Although some portion of the landscape berm along Congress Avenue has been
shifted, the northern section still encroaches on the existing utilities easement which
contains a 36-inch diameter sewage force main. One or two trees along the northern
property line must also be deleted or relocated. (Sec. 7.5-18.1)
4) The proposed buffer wall, and a planter wall are shown cross utilities easements
in several locations . Special construction standards and hold harmless letters will
be required as conditions of approval. (App. C, Art. VIII, Sec. 9)
5) A capacity reservation fee of $7,761.60 will be required within thirty (30) days
of City Commission approval, or upon request for my signature on the HRS/DEP
permit applications. (Sec. 26-34(E))
We have no objection to this plan proceeding through the approval process once the
conflict between the landscaping and the utilities easements in the northern section
of the project are corrected to our satisfaction.
Please refer any questions on this matter to Peter Mazzella of this office.
Attachments
JAG/PVM
xc: Skip Milor
File
./'
FIRE PREVENTION MEMORANDUM NO. 95-401
I..' i .
I !lli i"""
.. l
IUllj
I
I
. i! :
Ii
'" I'
,
_.-........~.~.~,. " ~
P!.Al,lNIi'!l~ A~!i, n .
ZOrllf-!G DEPT. -(~ IYI1
_......'.........,.<:..:;......"'-l..'.~___.,. .._.
TO: Planning Department
FROM: Fire Department
DATE: December 20,1995
RE: Isles at Hunters Run
LUAR 95-005
,/N'wSP 95-010
We have no further comments.
(
cc: Chief Jordan
FPO II Campbell
File
:.-
RECREATION & PARK MEMORANDUM #95-589
TO:
Tambri Heyden, Planning & Zoning Director
John Wildner, Parks Superintendent .!HJ
Isles of Hunters Run - New Site Plan~odification
FROM:
RE:
DATE:
December 20, 1995
The Recreation & Park Department has reviewed the new site plan modification for the Isles of
Hunters Run. No further recreation related comments remain outstanding. We recommend that the
plan continue through the normal review process.
JW:ad
~~\
..~.,.--~.....,.
'1 ~
. \.' \
" n \
\'
RECREATION & PARK MEMORANDUM #96-001
TO:
Tambri Heyden, Planning & Zoning Director
.",~~~-----
':,"'1 f5 rj)~~ -~
~1t l.J...U. i f-!~~ l~7 5 0 nw' -"-':-. ........
r< i" ^"! -'-'" LOJ , 'e:
: f:ij\} ~L. /r
"' .'/ ; ''''''~.~~.. t1
.t Il
') if
FROM:
Kevin 1. Hallahan, ForesterlEnvironmentalist
RE:
Isles of Hunters Run
DATE:
January 2, 1996
The applicant will be submitting a revision to the Tree Management Plan for the landscape sheets as
submitted on the site plan.
The project should continue in the normal review process.
K.H:ad
,
v
BOYNTON BEACH POLICE DEPARTMENT
TRAFFIC UNIT
TO:
FROM:
DATE:
REF:
TAMBRI HEYDEN, PLANNING & ZONING DIRECTOR
SGT. MARLON HARRIS
20 DECEMBER 95
ISLES OF HUNTERS RUN - SITE PLAN-2nd REVIEW MEMO #0198
I have reviewed the above plans and fiq9.::~q:l}{obl~;;j~~ii:'t4j.s.Ji.ple.
::::;;.:::';;:::::::::::':;:!!:::::.:::;:'.':::::.:....:::::::.t......::: .:::::::;;::::::::::::::::,:;;::::::::~:
., .n ...
.. ".... ..
Ii! ~ It n r-'72'm
~ l!9 ~ u~i 12
nEG ? n-~~;~l ~
:" ,;..'.';.;'.;,' "':"',. ::...."'.;.;.;.;';...'...'.';',:.v,
1~}iarliO
TO:
FROM:
DATE:
RE:
DEPARTMENT OF DEVELOPMENT
ENGINEERING DIVISION MEMORANDUM NO. 95-482
..,./
Tambri J. Heyden, Planning & zoning Director
O(~am Hukill, P.E., City Engineer
December 19, 1995
ISLES AT HUNTERS RUN - SITE PLAN REVIEW
We have recently completed staff review of documents associated
with platting for subject project, and have attached a summary of
comments for you to review. Some of those comments apply to the
site planning process. Our additional comments are as follows:
,,/ 'it.~
1 LI_e. t:.,.1<i
I'll ' J
(fl :'1,11{ ~ 4.
R !-IV,"I;)
] 1/'
ftL, ~7
tI/tl,f, ;q~ .
!/ ,1 ;
, ,
" 1/ W~L(
~ pe~ ".
111'1<' ~ 9.
fJ 11'4!.,
ti '7 / I
10.
; j~"
I; .'
?t/l.. i~ /_ 11.
O/l'~ rq-- f
I l' l~" 12.
WVH/ck
A:ISLES@HR.SPR
l.
2.
Revise documents to reflect all comments.
All plans submitted for specific permits shall meet the
City's code requirements at time of application. Permits
required from agencies such as the FDOT, PBC, SFWMD and
any other permitting agency shall be included with your
permit request.
Sjdewalks are required on both sides of all local and
collector streets. Chap.6, Art.III, Sec.11A, pg.6-3
Parking lot section must conform to City code. Chap.6,
Art.IV, Sec.10F, pg.6-12
Need SFWMD & LWDD acceptance prior to Engineering
approval. Chap.6, Art.VII, Sec.4B, pg.6-24
Designate areas of sodding and seeding. Chap. 7 .5,
Art.II, Sec.5c(6), pg.7.5-15
Freestanding monument sign cannot exceed 6 feet in height
(Chap.21, Art.IV, Sec.1D, pg.21-15) measured from the
crown of the road. Variances up to 25% subject to Board
of zoning Appeals (Chap.21, Art.II, Sec.IB, pg.2I-5).
Any damage to existing pavement edge caused by temporary
drive shall be repaired by applicant. Chap.22, Art.II,
Sec.71 & 7K, pg.22-4 & 22-5
Parking lot dimensions, striping, aisles, stalls, radii,
signs, landscaping, etc. must conform with City codes and
standards. Chap.23, Art.II, pg.23-6
Provide stop signs and stop bars in accordance with the
"Manual on Uniform Traffic Control Devices". Chap.23,
Art.IIB2, pg.23-7
Wheel stops or curb required, all stalls. Chap.23,
Art.IIE, pg.23-7
Provide 27' backup area, all stalls. Chap.23, Art.II,II,
pg.23-9
3.
5 .
6.
8 .
BUILDING DIVISION
MEMORANDUM NO. 95-449
i'i:~~~-~f"~-'-~ U ~7 ~ r~~\
! I U ,-- --~~"~~"""="-'i., I,ll !,
I~ filii
~ I. ", ~ () 1
'; 'j' '~ "
IU _..0 2 11995 ;__:
I PLA"'r'~''''; '~D ,1! l
!" ~h':lll'.. 1'1,,' ,.-1
L.,,,~ ZONING DEPT. ~'. ,~
December 21, 1995
TO:
Tambri Heyden
Planning & Zoning Director
v'
FROM:
Al Newbold
Deputy Director of Development
RE:
TRC COMMENTS - ISLES OF HUNTERS RUN
SITE PLAN - 2nd REVIEW
The Building Division has reviewed the plans for the above subject project and is requesting that
our comments from the first review (see attached) be forwarded to the City Commission unless a
variance for the sign and wall is approved before the site plan goes to the Commission.
r~IL Since the master plan was approved with setbacks that would permit a larger buildable area than
)ill ,1' .ejJ0 the FoAoR. or L.UoI. that was approved at the time the PUD zoning was approved, we need some
At. ~~jI --kind of note on the site plan or mas~er plan that wo~l~ control thisyroject after it is. completed or
!.! I 'fIR when the owner of the homes submIts plans for addItIons after theIr C.O. has been Issued, We
, ' addressed this problem previously but no solution has been found to cover additions after CoO.
~'~~ "'~?
k'., :.L,;.,.i4:;~r;;p ,,'
L.' ..,,',,, ~,c/
Al Newbo!d'/V'
.,/"~
AN:bh
Attachment
XC: William V. Hukill, PoE.
ISLES
M
-
"
BUILDING DIVISION MEMORANDUM NO~ 95-434
1. The project identification sign is located on the subject property, does not exceed a
maximum of sixteen (16) square feet of sign face area and will comply with Article III,
Sec. C5 of the City of Boynton Beach Sign Code. The applicant will be requesting a
variance to allow for a twenty (20) square foot off premise directional sign pursuant
to Article III, Section 6.C.S of the City Sign Code.
2. The applicant will be requesting a variance for the buffer wall height on the north
property line.
7.A.1
Isles of Hunters Run
SITE PLANS
New Site Plan
PLANNING AND ZONING DEPARTMENT
MEMORANDUM #96-003
SITE PLAN REVIEW
STAFF REPORT
FOR
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
January 9, 1996
DESCRIPTION OF PROJECT:
Project Name:
Isles at Hunters Run
Applicant:
Home Development Corporation
Agent:
Kilday & Associates
Location:
West side of Congress Avenue approximately 500 feet
north of Summit Drive
File No.:
NWSP 95-010
Land Use Plan
Designation:
Local Retail Commercial - Low Density Residential land
use is pending as part of a revised Summit Properties
settlement agreement.
Zoning
Designation:
Community Commercial, C-3 - Planned Unit Development,
PUD w/LUI=4.00 zoning is pending as part of a revised
Summit Properties settlement agreement; PUD master plan
was approved by City Commission in November 1995.
Type of Use:
Common ground improvements associated with 56 lots for
single-family detached zero-lot-line units located on
a private road
Number of
Units:
56 units, however not part of this application since
site plan approval is not required for single family
dwellings.
Square
Footage:
Site Area:
471,754.8
acres)
square
feet
(10.83
Building Area:
215 square feet (guardhouse)
excludes dwelling units.
Surrounding land
uses and Zoning
District:
See Exhibit "A" - location map
North -
WXEL television studio, zoned Recreation (R)
South -
"Hunters Run" PUD
East
Congress Avenue and farther east industrial
property, zoned Industrial (M-1)
West
"Hunters Run" PUD
Existing Site
Characteristics:
The site is predominately vacant property with a
commercial building and associated parking and
landscaping located in the northeast corner of the
site. Implementation of the tree management plan will
provide a no net loss of existing healthy trees located
on the site during construction. The tree management
plan also includes replacement and relocation of
existing trees.
I
Page 2
Memorandum #96-003
Isles at Hunters Run
NWSP 95-010
Proposed
Development:
A court order entered May 10, 1973 between the City of
Boynton Beach and Summit Associates Ltd. designated the
property as commercially zoned. The city's 1989
comprehensive plan changed the land use of the property
to a less intensive commercial designation. On June 3,
1994, Palm Beach County Circuit Court (Case no. 91-7257
AN) ratified the May 10, 1973 court order and required
the land use of the property to revert to the
property's land use designation prior to the 1989
comprehensive plan. On November 9, 1995 the City
entered into a settlement agreement with Summit
Associates Ltd. The approval of the agreement was
subject, in part, to the following:
A. Rezone the property to a planned unit development
(PUD), limited to single-family usage and a LUI
rating of 4.00.
B. Amend the land use designation to low density
residential.
C. Approve the master plan subject to the conditions
set forth in the development order.
As previously stated the master plan consists of 56
lots for single-family detached zero-lot-line units.
The lots shall front on a private road. Platting is
currently in progress. This request for site plan
approval is for common area improvements that include
landscaping in open space tracts and around lakes, a
site wall along Congress Avenue and approximately 66%
of the north property line starting at the Congress
Avenue corner, project signage and a 215 square foot
guardhouse building (see Exhibit "B" - proposed site
plan and master plan) .
Concurrency:
Traffic Palm Beach County Traffic Division has
determined that the project meets the requirements of
the Traffic Performance Standards.
Drainage - Insufficient drainage information has been
submitted for the Engineering Division to certify
compliance with the City's drainage levels of service
at the time of site plan approval, when it is required.
The Engineering Division is recommending that this be
postponed to time of permit review. However, during
the platting process drainage will also be reviewed.
Driveways:
Access to the proj ect from Congress Avenue is via
Summit Drive and Westlake Drive which are private roads
located within Hunters Run. Westlake Drive is to be
extended into Isles At Hunters Run and the portion
located in Isles At Hunters Run is a private road and
part of the Isles At Hunters Run property. Westlake
Drive has a cul-de-sac at each end and all 56 lots
front on this 50 foot wide private right-of-way.
Parking Facility:
Not Applicable
Landscaping:
The proposed landscaping consists of trees and
hedge/ shrub material located In open space common areas
located east and north of the single-family lots.
Littoral zone planting is shown around the two lakes.
The open space and lake areas are to be tracts
~
Page 3
Memorandum #96-003
Isles at Hunters Run
NWSP 95-010
dedicated to the Homeowners Association for maintenance
purposes.
Building and Site
Regulations:
The guardhouse is
perimeter setbacks
master plan.
located within the
as established on the
project's
approved
Community Design
Plan:
The architecture of the guardhouse resembles a spanish
design with an "S" tile roof and stucco walls with
raised bands around the cornice and windows. The walls
of the building are an earth tone color and the color
of the roof is a terracotta blend.
Signage:
The proposed sign package includes a monument type
identification sign located at the intersection of
Summit Drive and Westlake Drive. A project monument
sign is also proposed south of the guardhouse near the
south property line of the project.
RECOMMENDATION:
The Planning and Zoning Department recommends approval of this site plan
request, subject to the comments included in Exhibit C - Administrative
Conditions. The deficiencies identified in this exhibit shall be corrected
on the set of plans submitted for building permit.
MEH:dim
xc: Central File
STFRPPD. ISL
3
E X H I BIT "A"
if.
L0CATION MA~
ISLES AT HUNTERS RUN PUD
E X H I BIT "B"
b
(
en
. r-
.m
~
J:
C
Z
~
m
~
~
Z
I
)>
""C
""C
:.tJ
~
m
C .. UI~
3: ~ Ii ·
~ '~II.
rri i;!
:.tJ
""C
>
Z
-
(J)
C
~ \
~
d
c
~
m
5
""C
3:
m
z
~
o
::c
c
m
:.tJ
-
'i:i'I',I'JI
I~ Is .1
1111.1'1'
.1 ,I.,
.: I d!lll.
II lIj'
f ,I. J.
t..li'I'. 2 '
..."
. .IJtl~i
.~
.
)
I i
~ :
I ~
.,
~~
!
H'~
ti :
. $1
~H-
,- s.;
:~i,
; j .
'II
~I
If
...
'!
~
;
.
.
~Ii i I!!!
i!111 . II! E~I
I' I ~" I
I
I ~
I l
Jl
Nftt lilt..
--..~
f~;! -~.:=> c____...
~h~
~a C
l;f ~
~.p
~
fi'r.-
,},
'10
;J,
.0.. 0 z. .
FI' 0 0 ~
rn. ~....
.~; '10 i~
o 0
'Q lJJ
o
o
;7
:..
U>
o
~
~
___________ -/- MA fCH LI Nt: 'A' t
...
r
'"
X
(j)
--I
Z
(;)
~
....
!1'
,
)>
f'.
'"
~:p-<
-f2~
i!~v>
,"'....
<:00
~clHl
Y>i!~
xll'
:i0
N
'"
~Xl
E5il "'~
~~
';0
l{1c;
~~
.... ~
V>
()
J
Cl!
U>
~
0(
~
til
~
.1:
~~ '"
"
lS !i\~ gj
F ~~ ~
.... Vl~ "1
~ ~Vl '"
.... .... >
: ~~ ....
'"
......> '"
0( j~ ~ ()
z: 2
"
7Q
'"
r \Jl
\Jl
J>
'" <:
'"
X z z
C) c
- ....
(j) '" '"
70"
--I 7G~7G,
- c. ~:p
~ z z)>otJ
.... (;) "il~~
:t>r1' <:l7GO:p
"ti", , ?>~<::~
",-
)>OlX Q1J:>
Z"'- )>
C) V> Olz5
~ 7OV'l:j f'. -<
.... ~~~ '" ~~~
111 00....
<~~ J ....fii~
'" ;;5('jl~
.... ~p3m
-< ~-<~ V>
;<:l ;BO
~~
o~
"z
jil
wI
~~ Xl
i'F Cl
....V> flI
!!~f~
2i~~
~~F ~
!~~
~-( 2
Bg~ rs
t)r." )
SUMMIT DRIVE:
PQ:tVJ.ft: Q./1I
~
(
BOYNTON BEACH, FLORIDA
LANDSCAPE PIAN MAIN ENTRY
Klldoy " Alloelo!1I
LQndlcope Architecf./:1ICn'1ers
155\ forul""" :J1'JCf'
S'..Jh. 10QA
West Poim 3ecch, f codoc 33401
(<07) 689-5577 "0,,(<07) 689-2592
cele:
Dete:
Dre"D
rUe No.
Dr. No.
Pelh:
Filename:
ISLES AT HUNTERS RUN
g
MATCH L..1Nt: 'e'
(f)
o
1>
r
m
.....
~
B2~
sr. "
~
o
cal.:
D.te;
Dr..."
rn. No
Dre No.
Path:
FUen e:
oe,,,,,,,,,, ouffblNG ""'""'"
\)Vl
~1\1
Vl 01\1
I ~~
1\1
1\1
-I 1\11\1
7< Q-I
1\1 !:::r
-< -II
, -I-..J
0
}> 70"
r'0 f'. f:2
~ '" \)
Q:l r
J>
}> ---\ z
70 -I
() z
7'J )> "
11' ()
Vl --I
- ~,~~ '~."C.
1\'
\\\/}
~ \ ',~<
l \ '
: \
I \ ~
I I""
I
I
I
lot
I
I
I
,
,
I
i
I
I
(1
~i
..)'
I
I
i
:
i
Q I,. 1 ()
(, 2 ~
c I':' I "
:j ~
!::: ~ tI'
-I \Jl
-< i \Jl
1\1 " )>
)> I <:
Vl 1\1
1\1 e
~ tI'
Z
....;
E
~~
.~Q
os
~3
~
MArCH LINE 'A'
ISLES AT HUNTERS RUN
Klldoy .t "..oclot..
la"dscope Archltedl/Plonne~s
1551 rol'"uI""I Plaefl
Sui1e 1'0"
W.,l PO;rT' S.och. f lorido 33..0'
(407) 689 5522 "a.,(407) 689-2592
BOYNTON BEACH, FLORIDA
LANDSCAPE PLAN MAIN ENTRY
q'
IE
l<<~
01;;\ lj
R'" .
~
0
U>
0 "'2
~ 02
-, ~r
.
N
Q 5
G, ---
No.
~
....
~
...
CONG12E:SS AVE:NUE:
SEE- SHEET L-4
F-OR CROSS SE-CTION
OF- BERM EXISTINC 10' UTILITY EASEMENT
ORB 2523, PC 1340
I
I
I
I
I
I
,
,r@
@
:r
)>
-\
()
I
:r
)>
-\
()
I
PROPOSED LITTORAL
PLANTING AREA
SEE SHEET 7
r
r
~
~
<i
I
,O:!
I
I
I
I
I
I
I
............ :
"- PRCl'OStO LITTO<!AL
P\.ANTINC ~A
SEr ~T L-7
I
8' SIDEWALK/BIKE-PATH, TYP.:
, _______I
('<XI) , 1
'.... I
.... I
D!:NOfES ZERO
LOT Llr-E SID!:
I
,
I
I
I
I
~I
I
I
I
I
I
I
I
I
.....
UTILITY EASEMENT
@
~O'-,- 25'
@
@)
@
1-
10 fYP.
T
.L TEt"F'ORARY I /
17 MaJfl ~fR
PAl1<INC ASlEA
T (ML.~1
50
12/
MODE:L
MODa
6..
MOoa LOTS
* 15,16.40,41
1I""oy _ .....oclal..
land,cope .rc"'l'ect./PlonI"l8rl
1551 r'O"\.Im Place
SuIte , OOA
Weet FOlm Beech, florldc 33401
('07) 689 5522 ,rO.,(,o7) 689 2592
~"""
"~_~~_-=___~m ~---=~~--=---~=-1
I
--...-
4' SID!:'WAIJ(. TYP.
SA~E SICHf CO<!r-ERS TYPICAL
17.11. file
~ ISLES AT HUNTERS RUN
BOYNTON BEACH, FLORIDA
LANDSCAPE PLAN CONGRESS AVE. LANDSCAPE llUn'SR
IL
3S Peitn:TM tUl.Dl*, ~
------------------------------~--------------
MATCH LINE: '0'
. ~
I I
I I
.
I I
...
~
~
.~. ~
i<~
~l~
iil
..... ,...". l*-/
......_yl*-
;(ll{1
~'" "
~~ q
o~
!:,
....1
...."
~h
f:ltl .....
~n
o I
~ :~~ l
B
. 5
cale: ,. .
Date'
Dr..n
rue No.
Dr.win No. -
P.lh:
rUen e:
r
D. r
.j:>.'
. }>
()T-
mil'
GJ-I
}>~
()}>
~()
Il'-I
Vl
"-l
()
Cl
Z
rJ
/\)
II'
Vl
Vl
}>
<::::
II'
Z
C
I II'
j U~~~i
I~ [~'I~'I "'0
: I ~ '.1/ ,,=;
, ~ ~~
'c)
"0'
flS
~t~ ~r
~~ C)~
'"
".
Kl
~
z
....
~...-
...
@j
p'i
id
~
Klldoy " .....oclal..
LO\"ldscope Arc"llecls!Planner'.'!l
1551 rNurr D:OCf
Suit. 1 CO!
Wu. Polr'"'1 Beech, r10rida 33.(0'
(407) 689-5522 'Fox:(407) 689-2592
ISLES AT HUNTERS RUN
iCe
BOYNTON BEACH. FLORIDA
LANDSCAPE PLAN CONGRESS AVE. BUFFER
II
I
~
I
!!
~
i
'\)
70
~
~
C\
1-
"',
'"
~ I
~
o
~I
----,
(Ii=;,
l"'J~'
~
.,
'"
)>
Vl
'"
fJ
z.
[t~1
~!
~__ i
----...... =-----.J
~
.' -.....
---
--
..............
.......................
I //-
~/
'-.
I
I
1\
I
,!l2
C)
a
z
(;)
7\)
IT'
(j)
(j)
)>
<:
IT'
z
C
IT'
o
~i~~~
I:~ i~
~S,i
Fi"'~
n~
~~
'" Ii!
iCl ,.
g ~
~ ~
~
I
.
I
~l;
II!
~~
~~
F
,-
~~
'"
...."
tt5
...~
"~
2~
Rl-
~~
:~~
5
,-
)>
7"
'"
""'
70
)>
()
""'
U>
o
1>
fn
~
r-1A T CH LI Nt: 'D'
I
35.
Pf:R11'''HfR 8LOG:.
SfoTMCl(.
csJ.: - '
O.t.:
Ora"",
"11. No.
Or.wi. No. -
Path:
filename'
eel' Of.
lUl'e TlfClXl"ftorf'5
ISLES AT HUNTERS RUN
KJtdoy " A..oclol..
Landscape .rehlt.ets/Plo!"H'\~r!
1551 :orum Plecp
Suite 1 CO'"
W.,l PcJrr 380C~, rlori::c 534C'
(407) 669-5522 .ro:(<o7) 669-2592
BOYNTON BEACH, FLORIDA
LANDSCAPE PLAN CONGRESS AVE., NOllTHfX," BliFTER
ji J
'"
,. /i'l ~ I
I " *~~ *~C\I
~ 1ft"' I I ~
~~~ ~~ ! ! ~ ~()i'
. t: ~~ t I G'\
J .erN\) ~ ~~ i i . ....~ I
><.J>2- ~~ ~.... I
l' ~Ei-~ ~~ i i ~ ;= 0( I
;;Hii ~ ~ !i\ ~~ ~ I I ~~I
" ~CR:J~ Ii j · ~ I
f' r", I I: z
'" OJ ~ ~ ~ I
:Sl~~ I I
I I I
, ,
, ~7O()Z ~ "'-r-- - -- --1
I 1
I a",)IJ-I r
Z()",a
)lJJ>Z I
f tl! 1.1l"'-IOJ :
-IJ>~", ,
C-I J> ,
i ()
S1c; () ~~
f ; a Z I
to !. J>
r
~~
g! ....
~
!
N "10'00'00' ~
380,00'
I
1
.
.
8
.
.
I
1
8
.
.
.
0)
@
///~
/ 0 ~
;'
/
I
1
@ ----i
, I
-~- ----------------------,
~~i"'Q I
",r ~ I
Cl~ ;= I
~~""3 I
~ ~ I
I.1l
I
'"
'"
-I
7'<
'"
-<
.'1
'j
cue:
Dale:
Drawn
rue No.
Dr..-tn No.
Palb:
filename:
e : 1-
ISLES AT HUNTERS RUN
Klldoy I: ...oclol..
Loncsccpe A'chltects/Plcnnen
155' forum Place
Su:te 1 DCA
West Palm Beach, FloriOQ ~J4C 1
(.07) 689-5522 .ro,,(.07) 689-2592
BOYNTON BEACH. FLORIDA
L.\NDSCAPE PLAN NORTHERN BUFFER
L
)3
...
1-
....
Vl
'"
\)
:j
2
-\
I
70
. . ~
II r
I , -\
2
)>
r
~
)>
z
::j
~ /
MATCHLINE- "A"
THIS SHE-E-T
....:...i........l........
r
.....
~r;;
'.0....
".70
,,"
70"
"'~
ll) '"
rJ~,
L~~ ,
~
I--~I
,
:p
?;;
.
.
I
i
-\
)0
:p
(')
....
N
~
I
!
.
.
11;
!~
..
lj
~.
~
i
I
!'0);:
:<I"
Cll'"
:pill
2 :p
U;~
il
i
!
t
J
~ I~
~ , .. ........ ~~ ~~ g~ ~~
99
.... f'f' ;~ 13" .~ 13-
() I
II ~ ill~ ~~ /! + /!
JI' V'J ~ ~~ ~~ '
'J II I ~
.I~ \TI '" ;;<~ ~~ ~ C5~ ~
'II n \TI ~ " 00
~ > 1\"""" ~
'I --; ~ WW II " e,
~ "" ,'1" ;Jl .A" ;Jl
i 7' a ~ .....j.-..J
..~ ~" > ~C5 ~
--..-- i\l GG <e:,
~ -< ~ Ii1Ii1 Ill" 11; " -
0 :il I ~ i\l~ ~i\l iii
(f) ~ ~ e", e~
0 ~;p i\l> ~>
)> l>l ~ 0
0 z ~ I~~i
I fTI 0 ~ III ~
...., 0- ~ ~~:~ i
~ 0 -l
r I~J~
. Q "f~
":e
8 ~Sii
~
ISLES AT HUNTERS RUN
"lIdoy " Alloclol..
LQn<!lcaOf ",.chitec.s Iplonn.r~
1551 FOrum Place
Suite 100..
Wtst Polrr Beach. r1oddo 3340~
('07) 8e9-5522 .ro,,('o7) 6~9 2592
Boynton Beach. Florida
Lilloral Plan
Ii(
T1
:JJ
o
Z
-I
(I)
o
>
r-
m
m
r-
m
<
)>
-f
-
o
z
...
'.
.a:.
~
II
~
I
o
..
y ;-",'//' '/,
"/'... /,/
"<'~V' '",
'/ /,~'//)'/
-{,/"',/,:::"
,.,., />, /
/ / ,"/ / / ;' /
':: (~,<~<
Y>""(/'~;;,
: ,(,,<''',,/,'< -:
" ,"'<'v,~,,'/
(,~(,<.//~,<>
.> '~/",'/
///.///,/
'~""';<' ',,- "',
'./)../,~,
:/ ~"'..< ...
'~, ,,'., '<'i'
~~,.>,//',~/ /'
,~/ ,'-.:...._'-'<:
'_.;;>~~/ >~/',
:.: /'''<''-'':
'. /,.,).. /'</
~~?t;;/
/""'//'/' ... ,
, . / .', .-,'<' : <....., '\. I
//>':,.:."
"./ .',' 'k'.', I
)/?:~:r?:
" /', 1- u. I
::' ::'>.<~":-,'
, ". '}-" ' I
<;~<,.:<<' i
,,'<'J'<' I
:':.> ><i~~~< I
'/:-. ", ';.... I
~~<,1<S" I
':: <<" ,J<" I
',',"'. -'.1'.-',',
'/<//,{,'-':'. I
", ":'}' " '.
')>.'~~'/}'>.-
<<',"{-",
::">.~.'/y>;'
':"'~'~'<::~' I
"'.,;/" '/
~/.~.~, '>.~
.... ~/ >"/:"")
<//'::>,,, I
"""" ,.," '.
~ /', ':<( I
~<~~~/;:' .
".. ,,' ','.. ".
'//~"':'~~<',
.~ ":/> ',":
, ,
'. .,....
'~:'fD~
>:.,.~,,/ <'/
,//').../.">,
>/~'~''-;~'(~>:
~ifi~
~:.:' ;,'~ >~~ /
~<%"';,~;.'
,',"' ,">>'/
[~~t1;~
,/- ~~/".,\.)>..
~~'>~~"/':
" , ,,' " ,~~
...., ", "',-', './ ""
>'> "< ' //~'" -
~<'~,<>>~>
2:~,,~<.,;.
-',', ~'.. ..";' 'I
-.' .' .
<::~~;}:::' ~ ~:~l
.:>~" ",,~'
~,~; ,:'~>' <.:,."
IS-
~c~
J
lC]
~
~
fF1
[fsl
tdJ
~@
~ .
8
~
E X H I BIT "C"
/~
EXHIBIT "C"
Administrative Conditions
Project name: Isles at Hunters Run
File number: NWSP 95-010
Reference: 15 sheets submitted by Kilday and Associates identified as 2nd
Review with Planninq and Zoninq Department December 14, 1995 date stamp
markinq
I DEPARTMENTS I INCLUDE I REJECT I
I PUBLIC WORKS I I I
Comments: NONE
UTILITIES
Comments:
1. City water will not be supplied for irrigation
of the common areas, Please show the proposed
irrigation source and location on the site plan.
(Comp. Plan policy 3C.3.4)
2, No trees or overhang of large trees are
permitted within utilities easements. Although
some portion of the landscape berm along
Congress Avenue has been shifted, the northern
section still encroaches on the existing
utilities easement which contains a 36-inch
diameter sewage force main. One or two trees
along the northern property line must also be
deleted or relocated. (Sec.7.5-18,l)
3, The proposed buffer wall, and a planter wall are
shown across utilities easements in several
locations. Special construction standards and
hold harmless letters will be required as
conditions of approval. (App.C, Art, VIII, Sec.
9)
4, A capacity reservation fee of $7,761.60 will be
required within thirty (30) days of City
Commission approval, or upon request for Utility
Department signature on the HRS/DEP permit
applications, [Sec. 26-34 (E)]
I FIRE I I I
Comments: NONE
I POLICE I I I
Comments: NONE
ENGINEERING DIVISION
Comments:
5. Revise documents to reflect all comments.
6 , All plans submitted for specific permits shall
meet the City's code requirements at time of
application. Permits required from agencies
such as the FDOT, PBC, SFWMD and any other
permitting agency shall be included with any
request for permit.
7. Sidewalks are required on both sides of all
local and collector streets. Chap.6, Art, I I I ,
Sec.11A, pg.6-3
Page 1 of 4
/7
I DEPARTMENTS I INCLUDE I REJECT I
8. Need SFWMD & LWDD acceptance prior to
Engineering approval. Chap.6, Art. VI I, Sec.4B,
pg.6-24
9. Designate areas of sodding and seeding.
Chap,7,5, Art. I I , Sec.5c(6) , pg.7.5-15
10, Any damage to existing pavement edge caused by
temporary drive shall be repaired by applicant,
Chap, 22, Art. I I , Sec,71 & 7K, pg,22-4 & 22-5
11. Provide stop signs and stop bars in accordance
with the "Manual on Uniform Traffic Control
Devices" . Cha p , 23 , Art.IIB2, pg.23-7
BUILDING DIVISION
Comments:
12. The project identification sign is located on
the subject property, does not exceed a maximum
of sixteen (16) square feet of sign face area
and will comply with Article III, Sec.C5 of the
City of Boynton Beach Sign Code. The applicant
shall request a variance to allow for a twenty
(20) square foot off premise directional sign
pursuant to Article III, Section 6.C.5 of the
City Sign Code.
13, The applicant shall request a variance for the
buffer wall height on the north property line.
I PARKS AND RECREATION I I I
Comments: NONE
FORESTER/ENVIRONMENTALIST
Comments:
14. Submit a revision to the Tree Management Plan
for the landscape sheets submitted with the site
plan,
PLANNING AND ZONING
15. On sheet L-1 of 11 change the text in general
note #22 (incorrectly identified as 21 ) found on
sheet L-10 of 11 to include the following text
regarding planting trees in easements; "No trees
shall be installed within utility easements
without prior approval from the City of Boynton
Beach Utilities Department". This note will
match the reference to planting trees in
easements found on the plat drawings.
16. To ensure that the proposed guardhouse complies
with the established perimeter setbacks, add to
sheet L-2 of 11 the approved south perimeter
building setback dimension.
17, On sheet L-3 of 11 change the "Model Center
Parking Area" note regarding subsequent permits
by changing the word minimum to minor. The
model center area work may be processed as a
minor site plan modification and permitted
separately from the permanent common area
improvements,
Page 2 of 4
/'~.!
./
I DEPARTMENTS
18, On sheet L-5 of 11 change the note regarding
subsequent permits for the work at the proposed
construction office by changing the word minimum
to minor. The model center area work may be
processed as a minor site plan modification and
permitted separately from the permanent common
area improvements.
19. On sheet L-5 of 11 identify the specie and
method of installation for the lawn grass
proposed for the north side of the buffer wall
located along the north property line.
20. On sheet L-5 of 11 change the 20' perimeter
setback note to 25' .
21, On sheet L-6 of 11 of the permit drawings
identify the results of the Board of Zoning
Appeals decision (BOAV 95-016 case # 215)
regarding the portion of the site wall located
along the north property line that exceeds six
(6) feet in height. Also, reference the case
number and approval date, If the appeal is
denied, modify the plans to show compliance with
the maximum wall height of six (6) feet,
22, On sheet L-6 of 11 remove from the perimeter
setback note the following text: "/Landscape
Tract". Also identify the purpose of the dashed
line symbol that is located at the rear of lots
1, 2 and 3,
23, Show and dimension on sheet 8-1 the location of
the handicapped adaptable parking space required
for the guardhouse or provide written
verification from the Department of Community
Affairs stating that they accept the handicapped
parking space for the Isles at Hunters Run to be
located off-site on the adjacent property.
24. Add to sheet 8-1 the following information
regarding the color and type of exterior finish
material for the guardhouse:
i. Manufacturer's name, color name and color
designation (letters and/or numbers), and
type of material proposed for the
decorative window sill located on the north
elevation of the building;
ii, Manufacturer's name, color name and color
designation (letters and/or numbers) for
the pre-cast coquina columns,
25, On sheet 8-1 place a north arrow on the floor
plan drawing. Also, add compass directions to
the elevation view drawings.
26. On sheet 8-1 identify the overall height of the
guardhouse building (Note: Overall height shall
not exceed 2 stories or 30 feet),
Page 3 of 4
/1
I INCLUDE I REJECT I
I DEPARTMENTS
27. On sheet L-8 of 11 identify the results of the
Board of Zoning Appeals decision (BOAV 95-016
case # 215) regarding the request to increase
the Slze of the off-premise sign from 16 square
feet to 20 square feet. The slgn is located at
the intersection of Summit Drive and Westlake
Drive, Also, reference on the plans the case
number and approval date. If the appeal is
denied modify the plans to show compliance with
the maximum sign size of sixteen (16) square
feet.
28. Comply with the outstanding issues related to
the Development Order dated November 20, 1995
and signed by Jim Cherof (City Attorney) ;
specifically 5. A. and 5, B. of the order
regarding proof that the Isles at Hunters Run
has been approved for inclusion in the Hunter's
Run community of associations, file
documentation acceptable to the City Attorney to
demonstrate compliance with access, drainage and
recreational amenity issues, otherwise required
for development of a planned unit development
and payment of fee in lieu of land dedication
for recreational amenities,
II. GENERAL COMMENT(S):
29. The master plan shall be modified to
receive unconditional sign-off by all
Technical Review Committee members prior to
permits being issued for the project and
prior to the zoning district being changed
from Community Commercial (C-3) to Planned
Unit Development PUD w/LUI=4.0 and the land
use classification being changed from Local
Retail (LRC) to Low Density Residential
(LDR) with maximum density of 4.84
D.U./Acre.
MEH/dim
a: ComDept , ISL/p&d
Page 4 of 4
~-J c
I INCLUDE I REJECT I
Lt:.~ \(C>~v
fJJie City of
tJ3oynton tJ3eacli
5, 1996
. .,......
-'~'~'."-"'"
(;.. -rt)./'-o' ... t ",~1
v)./ I' !
if':" il I,J'w Ii ..' t'
. I' ".) Y ,1,. ff
. ",.)"#)t P rv ,,1V \"'+.}. ;) .
;\.).." .. -T \ .it? I ~L..! t~,J '
~ ~r , i 0' ~ '~J "
o '~ t.' U 1 f Ii'
.J, .\ {,l (jf\
.~ i \t''> II
';U
...........,
100 'E. 'Boynton 'B.& 'Boukvara
P,O, 'B~310
'Boynton 'Beadi., 1Tmi/a 3.3425-0310
City:J{Q{[: (407'J 37j.(jfJ()(J
:JJ4X: (407) >>U09O
Roscoe L, Biby ,~,--"
c/o Kimley- n...,..&r"'Associates Inc
4431 Emb cagero Drive
West mBe"ach, Floida 33407
,,'
....,..~'
,~1 .,0'".".,.. I~"" _,_.",,"
Ma OD1. Gr1.11 ?E"'-Catal1.na C~nt'er
cation: .~Sal Congress"Av~nue
MSPM 95:,008
~,~.-"
Re:
,-t""''''''' ~
Dear Mr, Biby:
.._,r'
The attached package will be presented to the Planning and
Development Board on January 9, 1996 (see attached agenda) and then
to the City Commission the following week (January 16, 1995).
The applicant must understand that the permit plans shall be
amended to comply with the final determination of the request alld
that additional comments may be generated by staff following their
review for technical compliance of permit documents that are
required to be submitted for development of the project.
For the applicant's convenience, attached is a list of documents
required for permit submittal.
An approval of the site plan by the City Commission shall be valid
for one (1) year, unless a building permit from the Building
Department is secured. If the applicant fails to secure a building
permit in that time, all previous approvals shall become null and
void,
Very truly yours,
Y-;'J~~'4
;f~el E, Haag
~ing and Zoning Administrator
MEH:dim
attachments
xc: Central File
a: P&.Dpkgltr, Rom
;<Imniazs (jateway to tlU (julfstream
DE:P.AR."I'"M'"~ OF DEVBLO~
BU:I....-DING DIVIS I 0... ..
SUBMITIAL DOCUMENTS
NOVEMBER 1995
ill
12 :'U rs
LS ,..") b
n \If!
u \..
~ 1m
NOV 2 I 1995
Congratulations on receiving Site Approval for your proposed construction within
We appreciate your choosing to build within our City,
In order to ensure timely permitting, submit 2 sets of the following documents:
I. A signed and sealed survey (not over six months old) by a Florida registered surveyor indicating:
A, All property lines
B, North arrow
C, Existing structures and paving
0, Reference elevations
E, Rights-of-way
F, Easement and/or utilities, including fire
hydrants on or adjacent to the site
G, Legal description
H, Area to the nearest one-hundredth of an acre
I. Location sketch of property
II. A site plan in conformance with LDR Chapter 4, properly dimensioned and to scale showing:
A, All proposed structures _
B, All existing structures that are to
remain on site
C, Setback lines from the property lines
to closest vertical wall of all
structures
0, Use of each structure (or uses within
multiple occupancies)
E, Use of adjacent properties, including streets,
alleys, sidewalks, turn lanes and driveways
F, Elevations of the lowest finished floor of each
structure on site
G, Location of existing utility lines on or adjacent
to the site
H, Location of dumpster enclosure and details of
construction
III. A paving plan in conformance with LDR Chapter 23, indicating:
A. The number of required parking stalls (See
LDR Chapter 2, Sectiori 11 H)
8, Cross sections of proposed construction
C, Curbing and striping meeting City Standards G,
D, Conformance with LOR Chapter 22, Streets
and Sidewalks
IV. A drainage plan for the site, including:
A, Finish grade and pavement elevations
B, Drainage calculations
E, Handicapped parking stalls
F. Dimensions of stalls, back-up areas, driveways
and traffic lanes
Traffic control devices and signs
C, Details of drainage system, If site area
exceeds 1/2 acre, plans must be certified by
a Florida engineer
(Continued)
RECREATION & PARK MEMORANDUM #96-355
TO:
Tambri Heyden, Planning & Zoning Department
John Wildner, Parks Superintendent 1':
Isles of Hunter's Run - Recreation Dedication Requirement
FROM:
RE:
DATE:
July 30, 1996
rn
rn@~~\i7
JuL c 0 IS~"J
PLANNING AND
ZONING OEPT.
This memo is to confirm that the Isles of Hunter's Run has met the recreation dedication requirements
through previous dedication as a part of the original Hunter's Run development. This project may
continue through the normal review process.
JW
12 1)'"
~lW
,%e, City of
'Boynton 'Be~1i
100 'E. 'Boynton 'Btadi 'Bou1evartl
P.O. 'Bmc310
'Boynton 'Buuli., :Jfmitla 33425-0310
City 1fa[[: (407) 375-6000
:TfitX: (407) 375-6090
November 29, 1995
Kilday and Associates, Inc,
1551 Forum Place, Suite 100A
West Palm Beach, Florida 33401
Attn: Kieran Kilday
RE: Isles at Hunters Run - File No. NWSP 95-010
Acceptance - Site Plan Review Application & Submittal
Documents
New Site Plan
Dear Mr. Kilday:
On November 28, 1995, your submittal for Site Plan Review of the
above-referenced project was reviewed for completeness. It has
been determined that the submittal is substantially complete and
accepted for further processing. Michael E, Haag, Current Planning
Coordinator, within the department will be reviewing and
coordinating your application through the remainder of the Site
Plan Review process and can be contacted if you have questions,
The next step in the review process is for the Technical Review
Committee to review the submittal for compliance with the review
standards identified in Part III, Land Development Regulations,
Chapter 4, Site Plan Review, Section 8 and all applicable sections
of the Boynton Beach Code of Ordinances. The results of the review
will be available to you on December 11, 1995.
If I can be of further assistance, please do not hesitate to
contact me at (407) 375-6260.
Very truly yours,
J~ .0, Kkflhq,
Tambri J. Hey~
Planning and Zoning Director
TJH:bme
a:lstAcptLtr,isl
5fmerUa's (jateway to tlie (julfstream
~
%e. City of
iBoynton ~eacli
100 'E, 'Boynton 'Beacfr.. 'Boulevara
P.O, 'Bo~310
'Boynton 'Becufr.., 1"foritfa 33425.0310
City 1faJI: (407) 375-6000
1"5U: (407) 375-61J9O
July 31, 1996
--=-
Mr, Robert Pennock, Chief
Bureau of Local Planning
Div, of Resource Planning and Management
State of Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
RE: Comprehensive Plan Amendments - #96-2
Proposed Amendment - Quantum Park PID/PCD Center (LUAR 96-009)
Adopted Amendment - Isles at Hunter's Run (LUAR 95-005)
Dear Mr. Pennock:
Enclosed you will find six (6) copies (individual copies have been simultaneously sent to the
Treasure Coast Regional Planning Council, the FDOT-District Four, the South Florida WMD,
and the Department of Environmental Protection) of the required transmittal documents for the
above-referenced map amendments. The proposed amendment consists of one map amendment
for 14 acres of property that is being processed in connection with the forthcoming Notice of
Proposed Change to the Quantum Park DR! (which is being amended to allow commercial and
industrial uses on the subject site). Based on the projected minimal impact of this proposed
amendment, and since it is considered to be consistent with surrounding land uses as well as
with all goals, objectives and policies of the City's Comprehensive Plan, the City is requesting
that this amendment not be reviewed.
With respect to the adopted amendment, The Isles at Hunter's Run PUD, this amendment has
occurred pursuant to a court-ordered amendment of an original (1973) court order which
stipulated commercial land use and zoning designations on this 30-acre parcel, The results of
the historic litigation between the City of Boynton Beach and Summit Associates Ltd. is
documented within Appendix "D" of the Comprehensive Plan Future Land Use Support
Document and referenced by footnote on the Future Land Use Map. The necessary legal
proceedings were finalized on June 17, 1996, which effectuated the amendment of the Future
Land Use Map to Low Density Residential land use. Since the DCA did not have an
opportunity to review the Isles at Hunter's Run amendment as a "proposed amendment",
information required in conjunction with transmittal of both a proposed and adopted amendment
is provided below for the adopted amendment. Where it is necessary below to distinguish
between the two amendments, the respective response will include either "proposed" or
"adopted" to identify whether the response corresponds with the proposed amendment or the
adopted amendment, respectively. Furthermore, attachments which correspond with the
5lmerial's (jateway to tfu (julfstream
To:
Mr. Robert Pennock
-2-
July 31, 1996
proposed amendment are labeled alphabetically, and those corresponding with the adopted
amendment are labeled numerically.
The proposed amendment was reviewed, and approved for transmittal, by the City Commission
(who became the Local Planning Agency in 1995) on July 2, 1996. With respect to adoption,
staff anticipates that the ordinance will be adopted in November or December of the current
year.
In accordance with the requirements of Rule 9J-l1.006, please be informed that the subject
amendments are not in areas of critical state concern or the Wekiva River Protection Area, and
nor are they related to a proposed development of regional impact or to be adopted under a joint
planning agreement.
Furthermore, as indicated by the certifying letters included within Attachment "A" of the
amendment package 94-1 as submitted on July 6, 1994, the Comprehensive Plan and related
support documentation was previously provided to other reviewers and they were informed that
said documents would be updated by all subsequent amendments.
Should you have any questions on the subject amendments, please contact Michael Rumpf,
Senior Planner at:
City of Boynton Beach, P, O. Box 310
Boynton Beach, FL 33425-0310
Tel: (407) 375-6260
With respect to the remaining submittal requirements outlined in the amended Rule 9J-l1.006
which are required to accompany a proposed amendment, the following has also been provided
for your information;
(1)(b)(1) Proposed - Six copies of one (1) map indicating the existing and proposed future land
use map designation, property boundaries and their relation to the surrounding street
and thoroughfare network are included in Attachment "A";
(1)(b)(2) Proposed - The present land use designations of the subject site and adjacent properties
are shown on the map in Attachment "A";
(1 ) (b)
N/ A as no amendments to the text of the Plan are proposed;
(1)(b)(3) Property sizes for the proposed and adoDted amendments are 13.93 acres and 30 acres,
respectively;
(1)(b)(4) The availability of, and demand on public facilities related to the proposed amendment
is summarized in the staff report within Attachment "B" and verification of service
availability for the proposed amendment is within Attachment "C" (The analysis of
traffic impact was not acceptable therefore requiring staff to place condition on project
that County standards of review and impact must be met). Similar information for the
adopted amendment is within Attachment #2 (only relative to traffic impact; no
analysis for other services was conducted as the adopted amendment represents a
To:
Mr. Robert Pennock
-3-
July 31, 1996
deintensification of the site and therefore impacts on services will be reduced below
that which had been originally assessed in the Comprehensive Plan);
(1)(b)(5) Information regarding compatibility of the proposed map amendment with the
Comprehensive Plan, and other information relative to the basis of the
recommendation is provided in the excerpt of the staff report (see Attachment "B"),
and is summarized below;
(1)(c) Staff recommendation for the proposed amendment is indicated in the staff report
within Attachment "B", and the recommendation of the local planning agency/local
governing body (City Commission) is indicated in the excerpt of meeting minutes
included in Attachment "D"; and
(2) NA
The following information summarizes, or is in addition to that provided by the staff report
which indicates, in part, the basis on which the amendment is proposed, and further justifies the
amendments with respect to compliance with S.163, F.S" Rules 9J-5 and 9J-11, F.A.C" and the
City's Comprehensive Plan:
1, For a brief explanation of the prol'osed amendment, please refer to page 1 of
Memorandum #96-313. For documentation relative to consistency of the proposed map
amendment with the Comprehensive Plan, please refer to page 2 of Memorandum #96-
313 (see Attachment "B"). A justification for the adopted amendment is found within the
legal documents in Attachment #1;
2. Neither the proposed or adopted amendments involve property containing environmentally
sensitive or native features worthy of consideration in the City's Comprehensive Plan or
the County's inventory of native ecosystems, Lastly, the sites of the proposed and
adopted amendments contain no historic features recognized by the City or County,
3, With respect to the elimination or reduction of land uses inconsistent with the City's
character and, the need to increase or decrease the intensity of land uses, see the analysis
of the proposed amendment on pages #2 and #3 of the staff report excerpt in Attachment
liB";
4. The sites of the proposed and adopted amendments are located within the "C" and "A-9"
flood zones, respectively;
5, With respect to Traffic Circulation Element analysis requirements, the only relevant
policies in the Plan that currently apply, which regard maintaining levels of service
standards, will ultimately be complied with.
6, With respect to Housing Element analysis requirements, the proposed amendment does
not affect the supply of residential land, and the adopted amendment, theoretically, will
increase housing opportunities as it represents the addition of 30 acres to the supply of
land classified for residential use. However, as only 56 units have been approved by
master plan, anticipated impact is minimal.
TQ:
Mr. Robert Pennock
-4-
July 31, 1996
7, With respect to Infrastructure Element analysis requirements, see Attachment "C" for
verification of utility service supply/impact in connection with the proposed amendment.
8, The Coastal Management Element is not applicable to the proposed and adopted
amendments as the subject properties are not within the coastal management area.
9, The Conservation Element is not applicable to either amendments, see paragraph 2;
10. With respect to Recreation Element analysis requirements, a specific analysis of impact
on recreation resources was not conducted as the prooosed amendment does not involve
residential land uses, and the adopted amendment is projected to increase population by
only 140 persons who will not be combined with the inventory of residents relying on
public recreation resources as future residents of this project will have access to the
private recreation resources of an existing, large planned unit development located
adjacent to the subject site. The recreation amenities of this private neighborhood exceed
those of a typical public neighborhood park and include three, 18-hole golf courses, 21
tennis courts, a swimming pool, and indoor recreation and meeting facilities. With
respect to impact on district park level of service, the surplus of district park space was
calculated in excess of 13 acres on July 6, 1994. According to the level of service
standard for district parks, 2.5 acres per 1,000 persons, this surplus will serve an
additional 5,504 residents, It should be noted that BEBR estimated that the City's
permanent population grew by 237 persons between 1994 and 1995, Even if post-1995
growth is accounted for, the total increase in population is likely less than 400 persons.
The 56 additional units (or 140 persons) related to the adopted amendment are
insignificant given the current surplus in district park acreage.
11, The Intergovernmental Coordination Element analysis requirements have been satisfied as
proper notifications have been sent and availability of facility analyses have been
requested;
12. With respect to Capital Improvements Element analysis requirements, there are no
impacts upon capital facilities that have either not been projected within the analysis of
the Comprehensive Plan, or would result in levels of service to be exceeded. Therefore,
levels of service are met and all other related policies are complied with; and
13, With respect to consistency with the State Comprehensive Plan and the Regional
Comprehensive Policy Plan, the above statements, along with that information provided
within the staff report address pertinent issues and topics within such plans. Such issues
and topics include housing, natural systems, endangered species, levels of service,
intergovernmental coordination, public facilities, historic resources, and transportation.
With respect to remaining submittal requirements outlined in Rule 9J-l1.011, the following
information applicable to the adopted amendment is also provided:
(5) Five copies of the amended Future Land Use Map (oversized);
(5) One (1) copy of the court orders/agreements which represent, in place of a ordinance,
the official amendment to the City's Future Land Use Map (Attachment #1);
To: Mr. Robert Pennock
-5-
July 31, 1996
(5)(a)
N / A, as this amendment occurred without processing as a proposed amendment and
following standard amendment review process through the DCA;
(5)(b)
The rationale behind or purpose for this amendment (list of findings on which approval
of this amendment are based) is indicated by the legal documents in Attachment #1;
(5)(c)
N/ A, as an ORC report was not processed;
(5)(d)
N/A;
(5)(e)
N/A, as only map amendment processed;
(5)(t)
The new cumulative table of contents of all amendments to the Comprehensive Plan is
within Attachment #3; and
(10)
The amendment was effectuated by court order rather than ordinance.
If you have any questions concerning this amendment package, please do not hesitate to contact
this office.
Very truly yours,
/rU_ G.?t- ~
Tambri J. Heyden, AICP
Planning and Zoning Director
TJH:mr
Enclosures
cc: Treasure Coast Regional Planning Council
Florida Department of Transportation-District Four
South Florida Water Management District
Florida Department of Environmental Protection
MISCXI : 96-2DCA ,LET
ATTACHMENT "A"
MAP WITH SUBJECT AND ADJACENT
PROPERTY LAND USE DESIGNATIONS
., .
ATTACHMENT "B"
STAFF REPORT EXCERPT
(MEMO NO, 96-313)
LAND WE DESIGNATICNS
'0
1----.1 tll
u;.; : ~D
f :--:;,,-,'
~
rl
~ /~~~~ .'
.....: ..... ~
"!II:: '7..... ~- .
:M~ 7f1.-.
" ....'" ~ llTI I
'J.' r.7 JnT
~'j;; '/..... 'T I 7-. ~
,; ::::- 'J-i. i '~L.-/ .
1= ,~h f:::. J 1-fk:J1. I I
=- ',_ - ~~ .'ill I
= ,.'~ .::-~ =:'~
~= _ 1_ I- -I- t-
~ =:t ~ I'~~ ~:=J
- -'1-
lilt: :: ~ H:: .1
. l.~' ~ I~ ~~J a.'," _Ie-/;
< i 'OOiIrnf'?~ ::.~,
q' 'I Ii'"~ .,= ~ :'--L
,fr' /' I := ~~~~!.- ,~, ..~ ..' -,
---- ~ f-, .,. 1
II / . -.:
J li:.~-,-,,":, ~Il _ j"~L
(---- LJ'1 \, _0 ! IT "'/
" / ~R~C~ATION;~~:~' :li
...- ~ j / l-l~i1i qr'I. I. 'I 0 ----~. - [.-.' '.11 '~. . 'Tr\
'r fj '"' ~:;T I '1',11' -It.- - I-~ '-ll
h_ IND[ STRIAL I "';1, 'l{~ ': .1,~l..\;3~,o . (r~ .
- ~: -; / pI, I ( . ,10';,\>1' f \ . ~\I\i'-"J"-
~ / ) jf! ' ]"/1 ~ ~ ~ ~ : ~ ./.1':=1= ~- \1')1 =- ~,.,,'~
f'a""'----8Lf!c,' "'LV~ / _ c- v
';-=, \ rl /I ~. i ~~ ~:,l~,J\~1 J :II\\~
L( = i !~.' ~ -= :::~=.-'1 tfr 11_~lrir[t'_
---- -,~-" I \, lTTTIU' I 'liIT 1 0
- "~.-~T --............... ~ I ........--:-:.. __
\i.J\'\,,[~rTt~.r-~~~fmT~ .. ,lIU7I!D~lflllri ..... . C:=l"J.. ~ln;HTI;~-lij~1!m, 'I:I'I!~' .. '.f1F=~IT1~~'~~
- ~-l.: '...-, - " -~, l/ · I U1m. '!llliJ I , In .I.
'. ! - 1.= == ~~J~ ~~[l-~ -~: ~E '::' I 1'".rt',In"fTT mjll/iil': . -1111 - mnl
, I If - - . - -. - - - I-- .. ' "".il!J:I~:t~I:hnf:, ,~1H "" .,
'< '- '. I---.I:':-t-:- :- - ~ . J!'- .' " r.-.-' '---_-.l...........'HI7I"_;~
r- J
~
J
. ~"1\',
. \
t" ,
~ '.
~'
I I
, ,
, I
, j
I
'\,
"
,
"
I~
~-~ .
I _ ~ ",
"
J
,
, .
'. -
'.: --
-
----
II
s
( ':1
\
:-
ft.
KJl ~ r;
J...:) '"
.(lj POPlAT' I C r: OF
.......... 6 .f\. -,' ___
-......... ~ - ."Y'...
I "
: :
~/ jJ
, I.V; .it. ";3'
-In ~A
/,/., .: :,1 \- ' . ........ .'
~ ~\ .',
'O'::':\~\ ,. ...
\ .L .~~. ., .'
N ~-~O" \'J~ ~
- .J1ff':.-=\" #f
. - t::-~ ,A:1:.~
//
I r
I _
/1 .J';L~ VI~~~
I' ... ~, - It;::
'I ----- rc'~~~.' -~
. '--,--- VT\./ 1
· (d
.. ~
-
It.....
~..f -.r ,:
~~ ~~
J .. "r
:::n
:r , I
;.;~ ~=
H
R___...
~
. J=
. )-
- '.. .. :_~~~I:'_'='~"""'-'.
1 f
--i.t--
J!l I
, .~ ". w..; }- :a.
t; ", I
I I
'I--- :_--..'._~~
- - _!l 11:. j L-
I~ .~.. )
I : I i I I '1'
.O'N'ON~ \~' ~)' , ,
INO S~\~ '
'\
t
e,/.V[),
l.
r
j
I
......
"
",
~
PPLI 6ATIOlv':,
'j
4'-
PRESENT LAND USE:
SITE:
PROPOSED LAND USE:
(}) .
7-%
Pt.ANIJJNt:. Off,
OFFICE COMMERCIAL
INDUSTRIAL
LOCATION MA:'
.QUANTUM PARK - PCD
liIJ.f~1 7 R., AAi ~ I . 1,-~~I1nf~.. ~9~
~ra I. ']'" :m; ~_.
II _: ~- ' j:
if .:-: - - .- - i
.,..,
.. '
\- -
''I
f
NO....
IN
CITV
( ,
\ .1
"
'-
- -- - - -- -- ----
-.-------. --.
")
/-----
/
/
R1AA
II]
,
'I
I
"I
~..d.. .
PAGE 3
QUANTUM PARK PID/PCD CENTER
capacities of these facilities.
Impacts upon utilities have been analyzed and indicate that capacity, and flow are sufficient to serve
potential impacts to be generated from the proposed amendment. However, the analysis excluded a
review of impact on the corresponding pump station, which is necessary to completely verify system
capacity. This additional analysis should be conducted prior to consideration of ordinances.
With respect to road impact, the petitioner submitted a traffic impact study which was reviewed by Palm
Heach County who detennined that it did not adequately meet the requirements of the County Traffic
Performance Standards Ordinance, Additional data is currently being assembled by the petitioner and
must be acceptable to the County prior to ultimate adoption of ordinances, This data, along with a
revised master plan will be provided to the Planning and Development Board at the next regular meeting
when the associated amendment to the master plan is presented for review in connection with the
pending DR! amendment.
e) COMPAl1BILITY OF REZONING WITH NEARBY PROPERTIES AND IMPACT ON VALUES
As indicated above, the subject request represents a land use classification and zoning district that would
be consistent with adjacent and nearby properties, is distant from residential properties, and would
therefore have no negative impact on existing property values.
l) PHYSICAL AND ECONOMICAL DEVELOPABILITY OF SUBJECT PROPERTY
There are no known significant physical or economical factors relevant to the development of this site,
g) RELA110NSHIP BETWEEN SCALE OF PROPOSED REZONING AND NEEDS OF
NEIGHBORHOOD AND CITY
Given the adequate supply of land within the City that would allow office uses (to offset the decrease
caused by the proposed amendment), and since the size of the subject parcel is less than 14 acres, the
proposed amendment does not exhibit negative characteristics relative to the needs of the City and
adjacent neighborhoods,
h) A VAILABILITY OF ALTERNATIVE SITES ADEQUATE FOR THE PROPOSED USE
At the present time, the only use proposed at this site is used car sales, which is to occupy only
approximately 4 acres of the subject site, with the remainder of the use to occupy the adjacent 13 acres
of property currently within the PID and known as Lots #76, #77, #78, and #79 (see the excerpt of the
amended Quantum Park PID master plan in Exhibit "C"), Since this proposed use is not contingent
upon the proposed request, and given that the reason for the proposed request is based on a statutory
requirement rather than to solely accommodate a use other than that which would be allowed under the
existing land use and zoning, a more thorough analysis under this criteria has not been conducted.
MASTER PLAN
As previously mentioned, concurrent with the subject request is the processing of an amendment to the
existing Quantum Park Development of Regional Impact, encompassing a master plan modification,
Both processes require an amended master plan which, in general, establishes land use categories for
the subject properties which further define specific uses for individual parcels within the PID. While
the Future Land Use Map merely reflects the site as "Industrial", the master plan, if the proposed
amendment is approved, would further designate the subj~ct lots (known l\S Lots #80, #81, I\nd #82)
as "Industrial/Commercial" (see Exhibit "C"). As indicated above, this revised master plan is scheduled
to be reviewed at the Planning and Development Board's next regular meeting.
RECOMMENDATION
The Planning and Zoning Department recommends that the request submitted by James G. Willard,
Esquire for Quantum Associates be approved subject to the conditions in Exhibit "D", based on the
following:
a. the incorporation of the subject property into the Quantum Park PID is pursuant to
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-313
FROM:
Chairman and Members
Planning and Development Board
IfG~~
Tambri J, Heyden,
Planning and Zoning Director
,4tJtL--
Michael W. Rumpf
Senior Planner
TO:
THRU:
DATE:
June 7, 1996
SU8JECT:
Quantum Park/PCD Center (LUAR 96-009)
Request for Land Use Amendment/Rezoning
INTRODUCTION
James Willard, Esquire, agent for Quantum Associates, property owner, proposes to change the land
use and zoning on 13.93 acres of property located at the southwest comer of 1-95 and Gateway
Boulevard (see Exhibit "A" - Location Map). The current land use and zoning on this parcel is Office
Commercial and Planned Commercial Development (PCD), respectively. The applicant requests the
subject properly be reclassified to Industrial, and rezoned to Planned Industrial Development (PID).
The necessity for this amendment, which was realized during the 1994 amendment to the Quantum Park
PID master plan (to add a future high school into Quantum Park), is pursuant to state law which
requires that property adjacent to a development of regional impact (DRI), which is owned by the entity
who owns the DRI, be incorporated into the DRI. Quantum Park, which is a DRI, is adjacent to the
subject property. As a condition of this 1994 amendment to the Quantum Park development order
(DO), the DO must be further amended, within one (1) year of approval of the previously amended DO,
for the purpose of including within the Quantum Park DRI the subject property which is also referred
to as the PCD Center, The PCD Center is a former approval for a planned commercial development
which is undeveloped. This amendment to the DRI, as well as a use approval request (a modification
to the current list of approved uses for the Quantum Park PID master plan to allow for automobile sales)
is being process concurrently with the subject request.
LAND USE PLAN AMENDMENT PROCESS
The subject request affects property in excess of 10 acres, and therefore represents a large-scale
amendment to the Comprehensive Plan. Prior to City adoption, a large-scale amendment must undergo
a consistency review by the Florida Department of Community Affairs (DCA), followed by the ultimate
review for compliance, The entire process, from the time of transmittal, takes approximately 6 to 8
weeks for the ordinances to become effective.
ADJACENT LAND USES AND ZONING
The land uses and zoning in the surrounding area varies and are presented in the table that follows:
Direction Zoning Land Use
North N/A 1-95 Interchange ROW
East N/A 1-95 right-of-way
South PID undeveloped
West N/A Park Ridge Boulevard
Farther West PID undeveloped
ISSUES/DISCUSSION
Pursuant to Section 9,C.7 of the zoning code, the Planning and Zoning Department shall evaluate land
use amendment/rezoning applications with respect to the following criteria:
PAGE 2
QUANTUM PARK PID/PCD CENTER
a) CONSISTENCY WI111 APPLICABLE COMPREHENSIVE PLAN POLICIES
The Boynton Beach Comprehensive Plan addresses land use plan amendments and specifically,
conversions involving commercial land use classifications, The following Comprehensive Plan
objectives and policies, which are included in their entirety in the attached Exhibit "B", relate to the
subject requests and are therefore analyzed below:
Policy 1.4.13 - ".. .oppose requests for changes in land use which are in conflict with the City
of Boynton Beach Comprehensive Plan.";
With respect to Policy 1.4.13, the proposed request conflicts with the Future Land Use Map; however,
as indicated beluw this amendment is not inconsistent with any Comprehensive Plan goal. ohjectlve, or
polley.
Obiec!iy~I.17 - "Minimize nuisances, hazards, and other adverse impacts to the general public,
propl.:lly values,.... by preventing or minimizing hazards. ";
Policy 1 .17.1 -" Discourage additional commercial and industrial uses beyond those shown
which are currently shown on the Future Land Use Map, except where access is greatest and
impacts on residential land uses are least.".
Policy 1,17,1 and the corresponding Objective 1.17 attempt to prevent negative impacts from additional
commercial and industrial uses by minimizing impacts upon residential areas and conditioning such
changes upon maximized access. The proposed amendment is not inconsistent with these requirements
of the Plan as there are no residential properties adjacent to the subject property, and in general, access
is greatest given its proximity to Gateway Boulevard and Park Ridge Boulevard. For further details
regarding access, see item d) "COMPATIBILITY OF REZONING WITH PUBLIC FACILITIES".
Policy 1.19,2 -".. ,allow for industrial acreage which can accommodate the approximate
industrial employment which has been projected in the Future Land Use Element."
The proposed amendment would reduce the land designated as Office Commercial by approximately 14
acres, and shift this available acreage into the Industrial land use classification. With respect to this
shift, or an increase in industrial land, this change may partially offset the previous decrease in
industrial land within the Quantum Park PID which occurred when 46.4 acres of land designated as
"Research & Development Industrial" where changed to "Governmental/ Institutional" to accommodate
the planned high school. This statement is contingent upon the subject site being ultimately used, or
partially used fur industrial land uses. With respect to the decrease in land designated for office uses
within this area, this change would likely be relatively insignificant given that the "Office" land use
category within the Quantum Park PID, which consists of over 130 acres, occupies the greatest portion
of land within the PID.
b) CONSISTENCY OF REZONING WITH ESTABLISHED LAND USE PATTERN
The proposed change does not represent a unique land use within this vicinity. With the exception of
the planned high school, which is located on the opposite side of the PID from the subject prop~rty, nil
uses dCliignated for the PID are relUlonably compatible. The proposed amendment and rezoning is
therefore consistent with this geographic area's established land use pattern,
c) DESIRABILITY OF REZONING DUE TO CHANGED OR CHANGING CONDITIONS
The general or simple rationale for this amendment, which is the requirement to aggregate adjacent
parcels under similar ownership with the DRI, presents the necessity to amend the Comprehensive Plan
Future Land Use Map and rezone accordingly.
d) COMPATIBILITY OF REZONING WITH PUBLIC FACILITIES
The two principle types of fucilities iml'ucted by commercial or Industrial developments Include utilities
and roads, and therefore this amendment has been reviewed for any potential impacts upon the
PAGE 4
QUANTUM PARK PID/PCD CENTER
statutory aggregation requirements;
b. the proposed amendment to reclassify the subject property to the Industrial land use
classification would not be inconsistent with any comprehensive plan goals, objectives
or policies;
c. the proposed land use classification, Industrial, would be consistent with the established
land use pattern on adjacent properties;
d. the analysis of traffic impacts will ultimately comply with requirements of the Palm
Beach County Traffic Perfonnance Standards Ordinance and in connection with the
review of the amended DRI, be acceptable to the Treasure Coast Regional Planning
Council (see Exhibit "D"); and
e, an analysis of impact on the corresponding pump station will be conducted and
determined that capacity exists to serve that demand to be anticipated from the proposed
amendment (see Exhibit "D").
Attachments
xc: Central File
MlSCXIII:QPCD,REP
, '
J
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-323
Agenda Memorandum for
June 18, 1996, City Commission Meeting
FROM:
Carrie Parker
City Manager
Tambri J. Heyden
Planning and Zoning Director
June 13, 1996
TO:
DATE.
SUSJaCTI Quantum Park/~CD Center (LUAR 96-009)
Request for Land Use Amendment/Rezoning
'..
,
The above-referenced item has been advertised for public hearing at
the June 18, 19996 City Commission meeting, However, the applicant
has requested postponement to the July 2, 1996 City Commission
meeting, Therefore, the item must appear on the June 18th agenda
under Public Hearing and noted as continued to July 2nd,
DESCRIPTION: James Willard, Esquire, agent for Quantum Associates,
property owner, is requesting an amendment to the Comprehensive
Plan Future Land Use Map from Office Commercial to Industrial and
rezoning from Planned Commercial Development (PCD) to Planned
Industrial Development (PID) to combine the property with the
Quantum Park PID, The 13,93 acres of property are located at the
southwest corner of 1-95 and Gateway Boulevard,
RECOMMENDATION: The Planning and Development Board, with 7-0 vote,
recommended approval of this request for land use amendment/
rezoning, subject to the comments in the attached Exhibit D -
Conditions of Approval.
TJH:dim
Attachments
xc: Central File
il:CCilqJ.llI\R.'1Uil
./
~(
r
PAGE 9
QUANTUM PARK PIO/PCO CENTER
,~:~
"
~{
EXHIBIT "D"
Conditions of Approval
Project name: Quantum Park PID/PCD Center Land Use Amendment/Rezoning
File number: LUAR 96-009
R.fore"CllComplete review of proposed master pitt" Is being conducted In conjunction with the review
pC the 80lel1dment to the Development of Re8toQallmpoct (DRIA 96-002), For this report, comments
l)ave only been 2enerated by the Plannln~ and Zoning Dept. ,
DEP ARTMENTS INCLUDE REJECT
PLANNING AND ZONING
1. The analysis of traffic impacts will be revised to
comply with requirements of the Palm Beach County
Traffic Performance Standards Ordinance and in
connection with the review of the amended DR!,
requirements of the Treasure Coast Regional Planning
Council.
2. An analysis of impact on the corresponding pump
station shall be conducted which will determine that
capacity exists to serve that demand to be anticipated
from the proposed amendment.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
3. None,
ADDITIONAL CITY COMMISSION CONDITIONS
1. To be determined.
?:
~
~' i
;f\
i~
;1.
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CXRCU1T IN AND
FOR PALM BEACH COUNTY, FLORIDA
CASE NO: CL 91-7257-AG
CITY OF BOYNTON 8EACH, a
Florida municipal corporation,
Plaintiff
VB.
SUMMIT ASSOCIATES, ~TO., .
Plorida limi~ed partnership,
Derendant.
I
AGREED OROEB
THIS CAUSE came on to be heard on the Joint stipulation of the
CITY OF BOYNTON BEACH, Plaintiff and SUMMIT ASSOCIATES, LTD.,
Defendant.
The Court having considered the Stipulation of the
parties and being otherwise fully advised in the premises orders:
1. SUbject to the provisions for nullification as set forth
1n paragraph 3 below, the real property owned by SUMMIT ASSOCIATES,
LTD., which 1s the subject of this litigation 1s:
A. Provided a land use designation of low density
residential.
B. Zoned Planned Unit Development (PUD), limited to
single faMily usage with a LUI ot 4.00.
2. The Master Plan attached to the stipulation tor Entry of
Aqreed Order as Exhibit "B", SUbject to the Development Order in
connection therewith, is hereby approved and shall be binding on
the CITY, the Defendant, SUMMIT ASSOCIATES, LTD., their successors
1111/95
EXHIBIT "f} II
or assigns, subject to later modification' as is otherwise
authorized by the CITY OF BOYNTON BEACH Land Development
Regulations.
J. In the event that the real property which is the aUbject
of this litigation is not conveyed by Defendant, SUMMIT ASSOCIATES,
LTD., to Home Development corporation ot South ~lorlda, a Florida
corporation on or before January 30, lItE, this Aqr..d Order shall
be null and void and have no force and effect and this action shall
continue with the ~onlng and land use remalnln9 unchanged, and the
master plan and related Development Order of no force or effect.
4. If closing occurs on or before January 30, 1996, and,
following notice thereof as required by this Order, this action
shall be dismissed with prejudice with each party to bear its own
costs and attorney fees.
5. Counsel for Plaintiff and Defendant are ordered to submit
a joint notice to the court informing the Court if the closing of
the transaction occurred or did not oceur.
DONE AND ORDERED in Chambers at Palm Beach County, Florida,
this
day of
, 1995.
CIRCUIT JUDGE
copies furnished to:
James A. Cherot, Esquire
J. Michael Burman, Esquire
11/1/95
LEGAL D~~CRIPTION
Section 6, Township 46 South, Ranqe
45 East, and tbe East halt ot
Section 1, Township 46 South, Ran,.
42 last, Ie.. three parcele of
section 1, totaling approxiaately 20
acr...
EXHIBIT \I A "
,
Uf THE CIRCUIT .1RT OF TIm
FIFTEENTH JUDICIAL CIRCUIt OP
FLORIDA, IN AND FOR PALM 8&:ACH
COUNTY. CIVIL ACTION
CASS NO: CL '1.7257 AN
FLORIDA JAR NOI 2'184'
CITY 01' BOY!ITOII IBACH,
. plorida municipal co~r.t1on
Plaintiff,
V8.
SUMMIT ASSOCIATB8, LTD., A
Plo~ida liMited partner.hip,
Defendant.
I
IITI.1JLATIOH I'OR mrrRY O. A.mtQR pRDJdl
Plaintiff, CITY or BOYNTON BEACH, and Defendant, SUMMIT
ASSOCIATES, LTD., move for the entry of a stipulated order, a copy
of which is attached hereto a8 Bxhibit -A. and a8 grounds would
.tate.
1. The parties, joined by Home Development Corp. Of South
Florida, a Florida Corporation, (a contract purchaser of the real
property which is the subject of this action) have amicably
negotiated and reached a settlement of all dleputes, claim. and
.1.
EXHIBIT \' ~ II
actions pending : threatened.
2. 111e City Commie.ion of the CITY OF BOYNTON 82A01, Florida
ba. met 1n public session and authorized the Mayor and City Clerk
to execute the Settlement Agreement.
3. The 801e QontinSJenClY and condition sub..quent to the
r..oning, lan4 u.. amendment, and .pp..oval of Maet... Plan an4 the
Development ~er in conneQtion therewith, 'is a real ..tate closing
between SUMMIT ASSOCJATBS, LTD., and Rome Development Corporation
of Soutb Florida, a Florida co~ratlon scheduled to occur on or
before January 30, 1996 (SUMMIT and BUYER have agreed to olose this
tranl.otlon on January 5, 1"').
4, The parties hereto request entry of the Agreed Order
attached hereto a. Bxhibit -A- and approval of the Master Plan and
the Development Order in connection therewith attached hereto a8
Exhibit -8-.
CITY OF BOYNTON BBACH
Attest:
By:
Lf-~ -
Q~'~~l~ AetlQI Deput, Cl.~k
By ,A
MAYOR
Byt
CITY MANAGSR
w2-
SUMMIT ASSOCIATBS, LTD.
By: .
t't-- :/,~ . f~ ,.
j (r.J~ f~
Bya
JOSIAS' )REN~ P.A.
Attorney. for Plaintiff
1099 East commercial Blvd.
suite 200
FC. Lauderd rL 33308
(305 171-
BURMAN, CRl'J"'l"Olf" LUTTIBIl
Attorney. for SUmmit
1" U... .i,h.., On.
Suite 300
North ,.1. Beach, 'L 33401
140?) 841,\\ 'I..
. MICHABL 8
-3-
A TT ACHMENT #2
AVAILABILITY OF FACILITY ANALYSIS
t:c
c:t=>
J:D..
OC
::::J
za:
Oct)
U)i..
-Q)
a:_
c:tC
D..::::J
:eX
0-
0:
t-Q)
Ow
c:t-
D..Q)
:!;.c
_t-
~
;:i<< ~
~? E
W::""".,. a.
C>", :i
iii, "0
WY< Q)
a:<> c:
c'[" ::J
~,...!.j.!:. .9
bH:(' fa
tHHn';Hi: ~
~....~...... fB
a:z
~\~
"0 "0
a. a.
0> 0>
0 0
C\I 0
.- "'-
II ~ Ll) .-
.- ...-
~ ....(/) II II
00
.c <~ 0 0
~ a.. a..
00. CJ CJ
...-(/)
as x.... 0 0
m ,0 ~ ~
~<
U) "OS >< ><
fBLl) ~ :i
"0 "0
co co
Ll) Ll)
8 II m
COQ)_
cD 0> 0>
o as....
C't)....as
~O>:l
"'->0-
o
II U (/)
o
o 0>0
CO"Of'-.
Ll)- -
- [l) co
~~~
XLl)
C\I
mx
a:
U
<
o
C't)
lit=" II IIR II "0
a.
=0 '(ij ...- 0> 00>
~$ IDOO ~<o
f'-. xC't)
o:(/) O:X<o ...-
a. -+'C\f .- -
- .t: .<0
0.... 00>C't) 0<:\1
.... +,0> X
~ 0> >- 0>-
0>= 0> 0> ID
-as - ....
.c 0>0 0> as 0>
u .... .... :l -
~ as 0> as 0- ~ 0
:l 0> :l (/)
O-e! 0-0 as
:l
m (/) a> (/)0 0-
o > Of'-. (/)
en 0< o -
f'-._o f'-.<o 0
_<:\I 0
~gJ <oC't) f'-._
C\I
C't) ~ C't) <0
0> <:\I
C't)
a:
w
~
~
0.'
ii:
LL
c:t
a:
t-
(/)
c:
o
l!!
~ I~
~FJ~fB~
a> ...-
a..
~~~ +
<(. .Ll)
o...-Ll)
C\I
.
z
o
~
=>
D..
o
0...
C
W
b
w
..,
o
a:
0..
'0 ~
~~
~ as
(/)+'
55 ~
u16
, ....
.c
mB
[l)~
c: N
~:~
~
~~
J2
(/)"0
C 0
::s.c
o a>
u~
(/) 0
:l..c:
(/).... .
c: a> (j)
0> a. ID
U 0>
O(/).c
mC:(/)
~~as
EO>a;
o 0.0
':=Ll)"O
~Nffi
,S ..: (/)
s:: a> c
t: > 0
O>O>~
ID;:j'g
......o::s
'-' ..c: u
"0 -
c: ~as
as:gu
~~a
....a>~
.- (/) as
:l:l-
o-o:l
U.co.
as 0
c....a..
o a>
~ o.~
as(/),C
E c u
.... 0 as
Q(/):s::
.S ID as
co.a>
o 0>
.- <0 (/)
.......co-
as . 0>
:l .- ....
o.(/)~
[~lf=
:> as a>
> u >
Za>u~
c as
.. ,- ~
~C't)(/)
o ~ C
Z<oo
. <0 U
.......
..c
u
~
0>
.......
C
:l
..c
-
.c
:.::::::'
('t')
~
:3
Boar'" of COUJ1ty Commissioners
Ken L. Foster, Chairman
Burt Aaronson, Vice Chairman
Karen T. Marcus
Carol A, Roberts
Warren H. Newell
Mary McCarty
Maude Ford Lee
County Administrator
Robert Weisman
October 24, 1995
Department of Engineering
and ~~r~
1"'"'::.:. fa ~ fa \\ ~~. \i.- \ ,
\ \!i \!!J \!i \L--;.--" .
\U,-~
'Ii
\ \.~
-.-........'.
Ms. Tambri Heyden, Director
Boynton Beach Planning and Zoning Department
100 E. Boynton Beach Boulevard
P.O, Box 310
Boynton Beach, FL 33425-0310
RE: ISLES AT HUNTERS RUN PUD
Dear Ms. Heyden:
The Palm Beach County Traffic Division has reviewed the traffic impact study for
the project entitled Isles at Hunters Run PUD, pursuant to the Traffic
Performance Standards in Article 7.9 of the Palm Beach County Land Development
Code. The proposed project will consist of 56 single-family residential dwelling
units. The project will generate 560 daily trips. The build-out for the project
is 1997.
The project adds traffic to two segments of Lake Ida Road which have traffic
volumes that exceed LOS D. These roadway segments are e11gible for additional
project traffic, on a first come first serve basis. We will reserve trips for
this project on the following roadways. If the project does not receive a
deve 1 opment order, please inform me so that the tri ps can be used by other
projects.
Lake Ida Road from Congress Avenue to Swinton Avenue
Lake Ida Road from Congress Avenue to Barwick Road
60 trips
90 trips
The Traffic Division has determined that the project meets the requirements of
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
~ Jt,~
Dan Weisberg, P.E.
Senior Registered Civil Engineer
cc, William Hukill, P.E., Director
Boynton Beach Department of Development
File: TPS - Hun. - Traffic Study Review
g:\user\dweisber\wp50\tps\boyn55
"An Equal Opportunity - Affirmative Action Employer"
P1
-: -' :"flflted cr: '~I.T'eC :'.lcer
Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000
A TT ACHMENT #3
UPDATED PLAN AMENDMENT RECORD
ATTACHMENT "C"
AVAILABILITY OF FACILITY ANALYSIS
MEMORANDUM
UTILITIES DEPT, NO, 96 - 201
----~--~..
----..--..- -
FROM:
~
~
PLANNfNG AND
ZONING DEPT
TO:
Mike Rumpf, Senior PlalUler
John A. Guidry, Utilities Direct~
June 7, 1996
JlH, o.
DATE:
SUBJECT: Quantum Park - Utility Analysis
We have reviewed the analyses of impacts on the utility system provided by Kimley
Horn and Associates, and have detennined that the water and wastewater treatment
plants have sufficient reserve capacity to accommodate the increased demand, The
gravity sewer mains are also sufficiently sized to meet the additional demand,
However, we will require additional information on the location of the fire flow test,
and also an analysis of the impacts on the sewage lift station before we can make a
final determination on this matter, Please have the applicant provide us with this
information at your earliest convenience,
Please refer any questions on this matter to Peter Mazzella of this office,
JAG/PVM
xc: Skip Milor
Tambri Heyden
File
ATTACHMENT "D"
LPA RECONIMENDATIONS
(EXCERPT FROM JULY 2, 1996 MINUTES)
~~ l
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JULY2'1996~~
\
Commissioner Bradley would have liked to seen more concession in the area of the buffer.
He would have preferred a single-family project: however, he respected the neighbor's
desires.
Mayor Taylor was concerned about the pool being close to the adjacent development.
What he heard tonight is that people supported this because they preferred single-family
over multi-family. He pointed out that they were not asked about the buffer, Also. to get
the 2.5 feet, the applicant has cut some of the lots, and they are already small enough.
Michael Morton appreciated the Commission's reconsideration of this project. He
disagreed with Gary Lehnertz. He said the neighl;>orhood has spoken and he has heard
a consensus against single-family and the 12.5 foot buffer. He thanked the Commission
for giving him the opportunity to go back to the neighborhood. He said he will come back
with a plan with another design in the future,
Ms. Cottrell withdrew this application,
At this time, the parties involved in the Quantum Park projects returned and those items
were discussed next.
t
VI. PUBLIC HEARING
A, Project Name: Quantum ParklPID/PCD Center
Applicant requested continuance to July 2, 1996'
Agent: James G, Willard, Esquire
Owner: Quantum Associates
Location: 13,93 acres of property at the southwest corner of 1-95
and Gateway Boulevard
Description: Land Use Element Amendment/Rezoning: Request
to amend the Comprehensive Plan Future Land Use Map
from Office Commercial to Industrial and rezone from
Planned Commercial Development (PCD) to Planned
Industrial Development (PID) to add into the Quantum
Park PID
Ms, Heyden advised that an agreement was reached to proceed with the land use element
amendment/rezoning, Therefore, we need an action to transmit this to the Department of
Community Affairs, The only change is the use as office rather than commercial.
32
)
,
'-'''~'f:'''i''~'~'ItY~~r'''''''V''''
/'
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
/
JULY 2,1996
Mr. Willard said the reason we are going forward with that is because it retains
consistency with the underlying Comprehensive Plan. We can bring those three lots into
the DRI, but we are going to simultaneously submit a Comprehensive Plan request to DCA
to change it from office to industrial. Ms, Heyden advised that we will process a
subsequent development order to change it back to commercial. There are also two staff
conditions in Exhibit 0 that are still applicable. One pertains to the pump station upgrade,
and one pertains to the traffic. Until we have FOOT's comments, the latter condition needs
to remain.
With regard to the comment regarding the pump station upgrade, City Attorney Cherof
advised that even though this was incorporated in th~ ordinance, the comment still needs
to be included. It will end up being satisfied immediately upon the adoption of the
ordinance if that language is changed.
Motion
Commissioner Titcomb moved to approve, subject to the conditions in Exhibit 0, and also
the condition that the use on the master plan for these lots be changed to office. Vice
Mayor Jaskiewicz seconded the motion, which carried 5-0,
"
B,
Project Name:
Agent:
Owner:
Location:
Description:
See discussion under Item VI.A,
,
.
Quantum Park PID
James G. Willard, Shutts & 80wen
Quantum Associates -
West side of the intersection, of Interstate 95 and
Gateway 80ulevard
Master Plan Modification: Request to amend the
previously approved PID master plan in connection with
an amendment to the DRI to add 13.17 acres (the PCD
Center subdivision) to the PiD boundaries and change
the use designation from office to commercial/industrial
use, add the option of commercial use to the existing
use designated for lots 65A, 658, 66, 67A, 678, 67C,
68A, 688,69,70, 72, 73A, 738, 74 - 79,83 - 85 and 91,
and change the use designation of lots 58, 59, 60 and
61 from commercial to industrial/research and
development/office
33
_....~,....~.. i~~'t~~'~~"'~'!J"'~'>'fo '
ATTACHMENT #1
COURT ORDER AND AGREEMENT
CITY OF BOYNTON BEACH, a
Florida municipal corporation,
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CASE NO: CL 91-7257-AG
Plaintiff
vs.
SUMMIT ASSOCIATES, LTD., a
Florida limited partnership,
Defendant.
/
FIFTH AMENDED AGREED ORDER
THIS CAUSE came on to be heard on the Joint Stipulation of the
CITY OF BOYNTON BEACH, Plaintiff and SUMMIT ASSOCIATES, LTD.,
Defendant.
The Court havinq considered the Stipulation of the
parties and beinq otherwise fully advised in the premises orders:
1. Subject to the provisions for nullification as set forth
in paraqraph 3 below, the real property owned by SUMMIT ASSOCIATES,
LTD., which is the subject of this litiqation is:
A. Provided a land use designation of low density
residential.
B. Zoned Planned Unit Development (PUD), limited to
sinqle family usaqe with a LOI of 4.00.
2. The Master Plan attached to the Stipulation for Entry of
Aqreed Order as Exhibit "B", subject to the Development Order in
connection therewith, is hereby approved and shall be bindinq on
the CITY, the Defendant, SUMMIT ASSOCIATES, LTD., their successors
or assigns, subject to later modification as is otherwise
authorized by the CITY OF BOYNTON BEACH Land Development
Regulations.
3 . In the event that the real property which is 'the subj ect
of this litigation is not conveyed by Defendant, SUMMIT ASSOCIATES,
LTD., to Home Development Corporation of South Florida, a Florida
corporation on or before June 30, 1996, this Agreed Order shall be
null and void and have no force and effect and this action shall
continue with the zoning and land use remaining unchanged, and the
master plan and related Development Order of no force or effact.
4. If closing occurs on or before June 30, 1'96, and,
.
following notice thereof as required by this Order, thls action
shall be dismissed with prejudice with each party to bear its own
costs and attorney tees.
5. The CITY further agrees to accept a surety bond in lieu
of a letter of credit as security to assure that the subdivision
improvements, with respect to the real property which is the
subject of this litigation, will be completed and paid for.
6. Counsel for Plaintiff and Defendant are ordered to submit
a joint notice to the Court informing the Court it the closing of
the transaction occurred or did not occur.
DONE AND ORDERED in Chambers at Palm Beach County, Florida,
this
day of
, 1996.
CIRCUIT JUDGE
Copies furnished to:
James A. Cherof, Esquire
Sherry Lefkowitz Hyman, Esquire
J. Michael Burman, Esquire
~ ~ -
... ~ . :
910370
ORDERS . All)
I-' I-' I-' I-' I-' I-' I-' I-' ID 00 -.J 0'1 U1 "" W '" I-' H
-.J 0'1 U1 "" W '" I-' 0 >-3
tJj
~ ~ >-3 txl ~ :s: ~ n txl :s:
.fj ~ ~ .fj ~ ~ ti' n III 0 tj. 0 0
0 I-' 0 Ii B I-' ~ ~ i
't:l 't:l 't:l 't:l '< ~ I-' I-' III rt n I-'
I-' I-' I-' I-' I-' ..... , 0' rt ::r ::r Ii
....' ....' ..... ..... ....' ....' ITJ Ii ~ Ii 0 0 CD n ~ 0
n n n n n n I-' CD ....' ....' III l:l ~ m 0 l:l
III III III III III III 0 ::r l:l lQ (;' 0 rt 9 CD
rt rt rt rt rt rt :E; CD ::r tIl txl III lD l:l !Z:
....' ....' ..... ....' ..... ....' , l:l txl rt CD 0- Ii CD m R
g g 0 0 g g t:" m ..... 'tl III Ii .....
l:l l:l ....' ....' <: 'tl g n 'tl txl <: m
rt <: 0- I-' ::r 9 ..... ~ CD CD
=#: =#: =#: =#: =#: =#: rt CD III <: CD Ii
I-' '" '" '" '" I-' ..... ~ n txl 0- m 'tl .....
0 0'1 01 I-' 0 0'1 CD 'tl CD CD ..... rt ..... CD
..... m <: ~ m
t:l III rt 'tl 0- ~
l:l III g CD
~ s:: m
III Ii 'tl rt
l:l III 9
n l:l
::r rt
m
~i ~~ ~t'f ~~~ ~j ~ j ~ ~ ~ ~ ~i ~~ ~ ~ ~ ~ )>I
~i a ~ i Q
rt H
0
)>I !Z:
n
rt
m
IDID
"''''
I I
"''''
0'101
"
0'10'1
I I
"''''
, I
IDID
"''''
IDID
"''''
I I
1-'1-'
IDOO
"
0'10'1
I I
"''''
I I
IDID
"''''
IDID
"''''
I I
"''''
OO-.J
"
0'10'1
I I
"''''
I I
IDID
"''''
IDIDID
"'''''''
I I I
WW'"
I-'OID
'"
0'10'10'1
I I I
"'''''''
I I I
IDIDID
"'''''''
IDID
"''''
I I
WW
01""
"
0'10'1
I I
"''''
I I
IDID
"''''
ID
'"
I
W
0'1
,
0'1
I
'"
I
ID
'"
ID
,....
I
01
-.J
,
00
I
'"
o
I
ID
,....
ID
o
I
-.J
00
,
,....
'"
I
,....
00
I
ID
o
ID
o
I
-.J
-.J
,
,....
'"
,
,....
00
I
ID
o
ID
o
I
-.J
0'1
,
,....
'"
I
,....
00
I
ID
o
ID
o
,
-.J
""
,
,....
'"
I
,....
<Xl
r
ID
o
IDID
00
, I
-.J-..l
,....'"
"
,....,....
"''''
I I
,....,....
0000
r I
IDID
00
'tl3:
.....CD
Illt:l
::J ~
rt
~o
ref;
~
""
III
"Ot'f
.....~
III ()
::J
rt
o
~O
CD()
III
"00
I-'()
III
::Jrt
o
~~
CD()
lU
~88
lU~~
::J
rtrt
o 0
~t"t"
CDt:l~
lU~()
.....
~8
lU ~
::J
rt
o
)>I
lit"
CD~
lU()
.....
lQ
~
00
rt
o
"0
.....
lU
l:l
"0
,....
,....
0'1
,....
~
CD
n
"0
.....
III
::J
t'f
t:l
~
rt
o
3:
ro
t:l
~
"O~
.....,
lUoo
::J
rt
o
)>I
lit"
ro~
1Il()
)>I
Ii
ro
lU
rt
o
3:
o
t:l
~
)>I
Ii
ro
lU
.....
III
8
~
)>I
p,
s::
.....
rt
tJj
::J
rt
W
HI
W
-.J
HI
-.J
HI
::r
(;'
,....
,....
-.J
!Z:
, '"
)>I
I-'
,....
o
!Z: !Z:
, ,
)>I )>I
'"
o
,....
o
0'1
00
0'1
,....
ID
""
00
-.J
00
00
0'1
0'1
,....
0'1
IDID
00
I I
0'10'1
OOID
"
,....,....
"''''
I I
,....,....
0000
1 I
IDID
00
ID
o
I
0'1
0'1
,
I-'
'"
I
,....
00
I
ID
o
ID
o
I
0'1
o
,
I-'
'"
I
,....
00
I
ID
o
ID
o
I
W
o
,
ID
I
01
I
ID
o
o
fg
H
~
()
tJj
~
tJj
ID
o
I
01
00
,
,....
'"
I
,....
00
I
ID
o
~g
lU'
::JW
rt
)>10
Ii
rot"
lU ~
()
-.J
g
,
00
~
CD
S
ro
p,
.....
III
.....
g
,
00
t'f
o
:E;
I
3:
CD
P,
~
tJj
<:
H
rn
H
~
rt
o
t"
~
()
rt
o
t'f
~
()
)>I
n
rt
....'
o
::J
m
rt
o
t"
t:l
~
w,
,....
""
-.J
0'1
,....
W
00
-.J
!Z:
,
)>I
CD
W
CD
01
)>I
()
~
tJj
:t'
Gl
tJj
o
CD
""
,....
W
""
,.... ,.... ,.... ,.... ,.... ,.... ,.... I-' ,....
-.J -.J -.J -.J -.J -.J '" '" '" '" '" '" '" '" 0
, , , , , , , , , , , , , , ,
,.... ,.... ,.... ,.... I-' I-' I-' I-' I-' ,.... I-' ,.... I-' I-' W
-.J -.J -.J -.J -.J -.J CD CD CD CD CD CD CD CD ,....
, , , , , , , , , , , , , , , 1:1
ID ID ID ID ID ID ID ID ID ID ID ID ID ID ID ~
'" '" '" '" '" '" 0 0 0 0 0 0 0 0 0
tJj
ID ID ID ID ID ID ID ID ID ID ID ID ID ID ID
'" '" '" '" '" '" 0 0 0 0 0 0 0 0 0 ~t:l
I I I I I I I I , I I I I I I tJj()
,.... ,.... ,.... ,.... ,.... ,.... '" '" '" '" '" '" rn rn ,.... t-rj)>l
I I I I I I I I I I I I ,.... ,.... I
~ ~ ~ ~ !Z: ~ ~ ~ ~ !Z: ~ ~ I I !Z: !Z:
0 0 !Z: !Z: 0 R"O
H H H H H H H H H H H H 0 0 H >-3
I I I 1 I I I I I I I 1 H H 1 t:lH
01 01 01 U1 U1 01 U1 01 U1 U1 U1 01 I I U1 O()
0 0 0 0 0 0 0 0 0 0 0 0 U1 01 0 ()tJj
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 @
01 01 U1 U1 01 01 01 01 U1 01 01 01 0 0 01
I 1 I I 1 I I I r I r I 01 01 I >-3
)>I )>I ~ ); ~ ~ I I
~ )>I )>I )>I ~ ~ )>I )>I
~ ~ ~ ~ ~
H H H H H H H H H H H H H
~ H H
1--1
\.0
ro
\.0
~.()
tI:l 0
S 3:
3: ~
tI:l ~
~.fri
tI:l
~ 2:
tI:l (J)
() H
O.~
Eg ~
~
I
~
n
~
~
fJ
I\)
W
0\
'-
::II
1Il
III
11
rt
I-'
~
Po
::II
1Il
III
I-'
rt
lJ"
n
III
11
1Il
n
rt
i
ID
~
I
~
I\)
,
I-'
o
I
I-'
CD
I
ID
~
~
CD
rt
o
6
:d
111
-..J
111
I-'
I\)
,
I\)
w
,
ID
~
ID
111
I
I-'
I
~
H
I
111
o
o
111
I
:t:-
~
H
W
111
iiJ~
;.;'(/1
III rt
1Il
Cf.l .....
III ::s
~
(/I 'tI
III 11
1-'0
....''tj
rt(1)
o 11
rt
(j)'<
11
o
<:
(1)
(/I
j ~
ID
~
I
111
~
,
I-'
I
W
I
ID
111
~
CD
rt
o
:s:
o
t1
:d
W
I-'
111
I\)
I-'
I\)
,
I\)
w
,
ID
~
ID
111
I
I-'
I
Z
o
H
I
111
o
o
111
I
~
~
H H H
~
w
....
.....
f1
o
I-'
I-'
~
o
Po
(j)
11
o
<:
1Il
(/I
ID
~
I
W
0'1
,
I-'
o
I
I-'
CD
I
ID
~
:s:
l:zj
:u
111
rt
o
~
w
o
o
I-'
I\)
,
I\)
w
,
ID
~
ID
111
I
I-'
I
Z
o
H
I
111
o
o
111
I
:t:-
w
w
'tI
III
I-'
:3
tJ1
1Il
III
o
lJ"
(j)
11
o
<:
1Il
(/I
~
ID
~
I
W
W
,
I-'
o
I
I-'
CD
I
ID
~
~
:u
111
rt
o
~
I-'
ID
-..J
-..J
I-'
I\)
,
I\)
w
,
ID
~
ID
111
I
I-'
I
~
H
I
111
o
o
111
I
~
w
I\)
.......
t"
1Il
(
....'
(/I
'tI
11
.g
1Il
11
rt
'<
j
ID
W
I
0'1
ID
,
I-'
I\)
I
-..J
I
ID
W
:s:
l:zj
:u
111
rt
o
:s:
o
t1
:d
o
I-'
I-'
I-'
I\)
,
o
-..J
,
ID
W
ID
W
I
111
W
I
~
H
I
111
o
o
111
I
:t:-
H
W
I-'
.....
::II
o
'tj
I-'
m
N
....'
~
'tI
11
o
'tj
1Il
11
rt
'<
~
ID
W
I
0'1
0'1
,
I-'
I\)
I
-..J
I
ID
W
~
:d
111
rt
o
:s:
o
t1
:d
o
I\)
I-'
I-'
I\)
,
o
-..J
,
ID
W
ID
W
I
111
W
I
~
H
I
111
o
o
111
I
:t:-
H
w
o
t1
.....
::s
lQ
I-'
(1)
'tI
11
o
'tj
1Il
11
rt
'<
j
ID
W
I
0'1
W
,
I-'
I\)
I
-..J
I
ID
W
~
:u
111
rt
o
:s:
o
~
o
W
0'1
I-'
I\)
,
o
-..J
,
ID
W
ID
W
I
111
W
I
Z
o
H
I
111
o
o
111
I
:t:-
H
""
ID
tJ1
(1)
III
o
lJ"
'tI
11
o
'tj
1Il
11
rt
'<
~ j
ID
W
I
0'1
o
,
I-'
I\)
I
-..J
I
ID
W
n
o
~
,
111
rt
o
t"
:d
o
o
o
ID
I-'
I\)
,
o
-..J
,
ID
W
ID
W
I
111
W
I
Z
o
H
I
111
o
o
111
I
~
H
I\)
CD
tJ1
11
o
~
11
Po
'tI
~
R1
Cf.l
~
I-'
'<
ID
W
I
111
o
,
I-'
I\)
I
-..J
I
ID
W
o
o
~
,
111
rt
o
(j)
o
o
0'1
CD
I-'
I\)
,
o
-..J
,
ID
W
ID
W
I
111
W
I
Z
o
H
I
111
o
o
111
I
~
~
H
N
-..J
t"
g
'tI
11
o
'tj
1Il
11
rt
'<
j
ID
W
I
~
-..J
,
I-'
I\)
I
-..J
I
ID
W
o
o
~
,
111
rt
o
t"
:d
o
I\)
o
CD
I-'
I\)
,
o
-..J
,
ID
W
ID
W
I
111
W
I
Z
o
H
I
111
o
o
111
I
:t:-
H
""
0'1
.....
~
o
~
I-'
'tI
11
o
'tj
(1)
11
rt
'<
~
ID
W
I
~
~
,
I-'
I\)
I
-..J
I
ID
W
o
o
~
,
111
rt
o
t"
:d
o
I\)
~
I-'
I-'
I\)
,
o
-..J
,
ID
W
ID
W
I
111
W
I
~
H
I
111
o
o
111
I
~
:t:-
H
N
~
Cf.l
rt
o
11
III
lQ
(1)
'tI
III
11
rt
H
H
H
t"
rt
Po
j
ID
W
I
~
I-'
,
I-'
I\)
I
-..J
I'
ID
W
o
:11
,
111
'tit"
I-':d
11I0
::s
. rt
o
~a
1Il0
III
I-'
.0
rt
o
t"
:d
o
R1
(j)
o
W
111
I\)
I-'
I\)
,
o
-..J
,
ID
W
ID
W
I
(J)
W
I
~
H
I
111
o
o
111
I
~
:t:-
H
N
""
--
l:.t
III
:3
(1)
(/I
t-3
....'
rt
o
o
6-
t-3~
~~
N
~
:11
....'
lQ
lJ"
:u
....'
S'
(1)
:d
o
III
Po
N
~
t"
III
(
::II
~
n
o
~
n
1Il
::s
rt
(1)
11
N
1:
:s:
III
I-'
I-'
Cf.l
o
~
rt
lJ"
~ ~~ ~~ g~
IDID
WW
I I
111111
CD '0'1
"
1-'1-'
1\)1\)
I I
-..J-..J
I I
IDID
WW
o
I\)
I-'
I\)
,
o
-..J
,
ID
W
ID
W
I
(J)
W
I
~
H
I
111
o
o
111
I
:t:-
~
H
ID
W
I
I-'
I\)
,
0'1
I
I-'
I
ID
W
IDID
1\)1\)
I I
0'10'1
""I\)
"
1-'1-'
I I
111111
I I
IDID
WW
t"
:d
I
I\)
rt
o
t"
t1
:d
'tin
I-'t"
Ill'
::SCD
rt
~o
lilt"
III :d
n
0'1
o
I-'
111
0'1
,
I-'
-..J
,
ID
W
ID
W
I
(J)
I\)
I
~
H
I
111
o
o
111
I
:t:-
H
IDID
NI\)
I I
1-'1-'
0'I111
"
0'10'1
I I
1\)1\)
I I
IDID
I\)N
It;! 0
1-":11
lQ'
(/I CD
rt
1-'0
-..J
R1t"
I-':d
CDO
t-3
11
III
HI
HI
.....
o
CD
I\)
I\)
~
,
o
ID
,
ID
W
ID
W
I
(J)
I-'
I
Z
a
H
I
111
o
o
111
I
~
~
H
IDID
1\)1\)
I I
NN
1-'0
"
0'10'1
I I
1\)1\)
I I
IDID
1\)1\)
'tI:S:
1-'(1)
1llt1
::s :d
rt
~o
1Il 'tI
III 'tI
(j)
~H
1Il
111
I-'
o
111
-..J
,
I-'
-..J
,
ID
N
ID
I\)
I
I-'
I
~
H
I
111
o
o
111
I
~
H
N
o
~
III
rt
(1)
11
t-3
11
1Il
III
rt
'tI
I-'
III
::s
rt
l:zj
~
IDID
1\)1\)
I I
1\)1\)
~w
"
0'10'1
I I
1\)1\)
I I
IDID
I\)N
~b
Ill:d
::s
, rt
o
~:s:
1Il 1Il
1llt1
:d
~
lJ"
-..J
~
-..J
-..J
,
I-'
-..J
,
ID
N
ID
I\)
I
I-'
I
Z
a
H
I
111
o
o
111
I
~
H
I-'
~
~
'tj
I-'
.....
o
III
rt
....'
o
::s
#
W
gj
~~
IDID
I\)N
I I
WW
WI\)
"
0'10'1
I I
1\)1\)
I I
IDID
NI\)
~b
Ill:d
::s
. rt
o
~:s:
1Il 1Il
III t1
:d
~
tr
I\)
o
0'1
-..J
,
I-'
-..J
,
ID
I\)
ID
I\)
I
I-'
I
Z
o
H
I
111
o
o
111
I
~
H
~
~
~
~
'tj
I-'
....'
o
III
rt
.....
o
::s
#
I-'
~
t-3
H
@
a
~
H
~
o
l:zj
t1
~
t>:!
:d
~
H
(J)
H
a
z
I\)
:t:-
o
:d
t>:!
l'
Gl
t>:!
o
W
-..J
,
I-'
-..J
,
ID
I\)
t1
~
l:zj
t1
:dO
l:zj:t'
It;!
, Z
a
R1t-3
H
t10
at>:!
o
@
t-3
ID
I\)
I
I-'
I
~
H
I
111
o
o
111
I
~
~
H
I Vl Vl Vl 01:> 01:> 01:> 01:> 01:> 01:> 01:> 01:> 01:> 01:> W W W H
IV I-' 0 \0 (Xl -.l 0\ Vl 01:> W IV I-' 0 \0 (Xl -.l t-3
tIj
3:
~ ~fj1 ~fjl ~fj1 ~W ~~ ~'tI ~t-3 ~ IV ~IV ~~ ~O ~::tl ~f O~1tI Ii)
\00 ~~ \0"'" \0"'" ~~ ~~ o~.... ~ I
0\0 0\11 0\0 0\0 If ~. VlO VlO ~~ If ~. glUe
..... ...... ...... ...... ,..... . ..... ...... I"'" 101:> 1 11 'IU m
IU cnlU ~~ cnlU ~~ cnlU eno WCD W w !"'m I-' .... 1-'..... en ~ ~ .
~ Vl< w< 1-'< IV ...' ~en ~en , IU , I-'en rt
~ .....CD .....CD .....CD .....CD .....CD .....m ~ . n lQ ~I .......rt n a ::s m
IV ~CD ~CD 0'1 .... lQ
~ '* "'" '* "'" "'" 01:> I'Ij I'Ij , CD e~~
I-' I-' I-' I-' -.l 0\ ....... CD CD IUO IUCil IV CD
01:> W I-' 0 en 'tI p. P. IU IU 11 wrt 'tI
n 0 \0;0;' \Ort \0 t-3DlCD .....
5 ..... VlDl VlCD Vl3: IUO 11 IU IU
...' ~ ~ 1 1 . . n IU IU~ N
0 0 IV IVO IV~ 11 11 n (Xl IU
'tI ..... '< ~o ...... CD rt .
~ ::s .....~ lJ" H
-.l P. tIj IU
1.".1 0 Dl Dl
\0 rt lJ"
W Dl
0\
i i i i i i i t-3 t-3 i i i i i ~i ~ ~
CD CD
>< ~
rt H
~
\0 \0 \0 \0 \0 \0 \0 \0 \0 \0 \0 \0 \0 \0 \0\0 \0 0
0\ 0\ 0\ 0\ 0\ 0\ Vl Vl Vl Vl Vl Vl Vl Vl 01:>01:> 01:> El
I 1 1 I 1 I I 1 I 1 1 I 1 I . I I
IV I-' I-' I-' I-' I-' 01:> w w W I-' I-' I-' 0 01:>01:> 01:> H
0 (Xl 0\ 01:> IV 0 0\ 0\ Vl W, Vl (Xl IV -.l (Xl-.l Vl ~
....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... .............. .......
01:> 01:> 01:> 01:> 01:> 01:> I-' \0 \0 \0 0\ 0\ 0\ Vl 1-'1-' I-'
. 1 . . . 1 IV 1 1 I 1 1 1 I 1-'1-' 0 0
IV IV IV IV IV IV 1 I-' I-' I-' IV 0\ 0\ IV 1 . 1 1.".1
. 1 . I . 1 I-' \0 \0 \0 0 1 I 1 1-'1-' I-'
\0 \0 \0 \0 \0 \0 \0 I I 1 I \0 \0 \0 1 1 (Xl tj
0\ 0\ 0\ 0\ 0\ 0\ 1 \0 \0 \0 \0 Vl Vl Vl \0\0 1 ~
\0 Vl Vl Vl Vl 01:>01:> \0
Vl 01:> 1.".1
0 0 t' H 0 3: :s: ~t-3 ~t-3 t' ~ ~ ~ :s: 'dO 0 :0
....... 0 :0 Z ~ l1> l1> enlU Dl IU ::tl l1> .....0 0 tIj
Vl ~ IV en tj tj i3g; ...' tr 0 (Xl (Xl tj IU ~ ~
t-3 rt ::tl 11 HI-' rt :0 ::s rt H
rt rt 0 :0 CD f1) l1> rt 0 rt rt 0 ....... (f)
0 rt 0 rt rt rt 0 0 0 rt (Xl H
0 0 t' 0 0 p.# 0# b 0 ~~ 0
t' b ::tl l1> IV HI IV en i3 :s: rt Z
::tl Cil 'tI 0 t' 'd ::s 01:> 01:> i3 :0 0 t' l1>O 0
0 0 ::tl 'tI tj 'd Dl (f) ::tl tj ::tl III
(j) ::tl (j) ...' i3 ::tl ::tl 0 t'
H H rt 00 ::tl
'< ::tl 0
lJ"
f1) III
11 11
11 l1>
0 III
Ii
0 0 w 01:> 0 I-' 01:> 00 IV :t:'
I-' I-' 00 \0 Vl 0 \0 I-' 0
0 Vl -.l W 01:> 0 :0
0\ -.l IV 0\ I-' W Vl 01:> IV -.l 0\ IV -.l IV tIj
Vl W W I-' i;;
1.".1
a a a a a a I-' I-' I-' I-' I-'
I-' 0 0 0 00 (Xl 00 00 IV IV
~ ....... ....... ....... ....... ....... ....... ....... ....... ....... .......
~ ~ ~ ~ ~ !oJ 0 0 0 !oJ !oJ !oJ 0 !oJ !oJ
01:> 0\ 0\ 0\ Vl Vl Vl \0 W W
H H H H H H ....... ....... ....... ....... ....... ....... ....... ....... ....... .......
\0 \0 \0 \0 \0 \0 \0 \0 \0 \0
0\ Vl Vl Vl Vl Vl Vl Vl 01:> 01:> ~
\0 \0 \0 \0 \0 \0 \0 \0 \0 \0 trl
Vl Vl Vl Vl Vl Vl Vl Vl 01:> Vl
I 1 1 I I I 1 I 1 I tj
en w w w IV IV IV en I-' I-' :0 ~
IV I 1 1 I I I I-' 1 I tIj
1 Z a a a a a 1 a a I'Ij
a 0 a a
H H H H H H H H
H 1 1 I I I I H 1 1 R"t-3
I Vl Vl Vl Vl Vl Vl 1 Vl Vl H
Vl 0 0 0 0 0 0 Vl 0 0 t10
0 0 0 0 0 0 0 0 0 0 OtIj
0 Vl Vl Vl Vl Vl Vl 0 Vl Vl 0
Vl I 1 I I I I Vl 1 1 gj
1 1
:t:' :t:' :t:' ~ :t:' ~ :t:' :t:' ~ t-3
..... ..... ~ ~
H H H H H H H H
H ..... H
I ~~ n~ U1 U1 U1 U1 H
Ol U1 ",. IN t-'.I
~H O~ ~
a ~. Cf.I ~t:J:l t-'.I ~2: ~tz:I
~~ " .. \00 16 \OlD \O~ \0 ~
~B ~~ 010 Ol
..... '...... I
~ Cf.Irt H .....0 Cf.IIII Cf.I
"'....... P- CDO DI ~11 -.1<: Ol
~ .N ....' ~~ ...... rt ~lD
~~ 0 lD
n III t:J:l DI I'd #:
0 \D rt lD ...... .....
~ Ol lD III III III U1
DI 0 rt 0
t:J' lD
III 8
~ 0 9
0 n rt
~ lD
tr:1 11
rt DI
",. I
0 g
11
P-
lD
11 ~
lD ~ ~ ~ ~
P-
ili H
3 0
lD 2:
::l
~
lD
::l
rt
\D () \D \D 0
Ol Ol Ol ~
I 0 I I
IN N N H
CD ....... Ol N ~
....... Ol ....... .......
-.I I ",. ",.
I ..... I I ()
..... -.I ..... to ltJ
Ol I Ol I
I \D I \D t:l
\D Ol \D Ol ~
Ol Ol
lt1
:s: t" b :s: :tl
0 :tl lD ~
t:l n :tl :tl
:tl H
rt rt U1 [Jl
rt 0 0 H
0 rt 0
b E 0 z
0
n :tl ~ :s:
lD
t:l
:tl
o IN
o
N
",.
-.I
-.J
CD
Ol
IN
;r:.
n
~
f;J
Gl
lt1
IN
",.
0 ~
I'd I'd Ol
~ ~ .......
..... ~
0
H H ....... H
a a \D
Ol t:l
\D ~
0'\
I t:l
..... ~g
I
~ t1j
.z
H 0
I R'>t-'.I
U1 H
0 gg
0
U1 ~
I
E
H