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REVIEW COMMENTS Page 1 of 1 Rumpf, Michael From: Peteryland@aol.com Sent: Thursday, August 04,20059:17 AM To: RumpfM@ci.boynton-beach.fl.us Cc: johnsond@ci.boynton-beach.fl.us Subject: Re: Venetian Villas-Restrictions Mike- You were at the meeting with GHAA, the developer and his attorney at your offices. City acceptance of the development required a court agreement. If not for the agreement, the city would not have accepted. It therefore could be argued that compliance with the restrictions in the agreement is required to full acceptance of the development and therefor issuance of the CO's. I would suggest that you get the legal opinion of the City Attorney before finally signing off on the development. It could also be argued that, since these restrictions were developed and approved by local city residents and the city has signed off on them, it is the responsibility of the city to see that they are met. My suggestion is that the city does this before the developer walks away from the project. I am running out the door for the a few days but wanted to get back to you on the status of the restrictions. Briefly, in order; 1. This remains to be seen. 2. This remains to be seen. 3. This is ongoing. There have been several cases of work before and after hours on Saturday and even on Sunday. The installation of a partial fence clearly puts the developer in charge, but they have slipped the hours a little because of special circumstances. This has required watching and they are responding when called. 4. This could be a major problem. The condo association documents were recorded without the restrictions. I was then led to believe that these restrictions were covered under the land covenants, but was later told that the attorney was preparing amendments to the association documents. I asked for recorded copies and never received them. I later was told that this has already been covered, but have never seen anything to that effect. Local residents are adamant about this. 5. This is complete. We tried and lost. You know the story. 6. I have no evidence that this has/is being done. 7. I have no evidence that this has/is being done. 8. This remains to be seen. 9. See #4 10. This remains to be seen. In summary, 4 and 9 could be problems. 1,2,6,7 ,a, 10 need to be followed to make sure they are done. 3 is ongoing and under control for the most part. 5 is done. Peter Ryland 561-736-2422 8/412005 From-RUDEN MCCI~ -; 18TTH NTST +9547844998 T-852 P.Ol1/011 F-842 ~XHlBIT "B" 1. The light poles on the east side oCthe site located adjacent 1.0 the cul-de-sac for I3tb Street shall be reduced to the minimum height required to meet the City of Boynton Beach Code provided that such height and \oauion meets the appropl1ate foot candle requirements. 2. The south wall shall be a six foot high continuous coated aluminum bat fence with concrete columus and with no gates or openings to the cnnal area to the south of such fence. Upon completion of the installation of such fence, plantiDgs will be b1stalled on the exterior of the fence to obstruct the view of such fenc;:e from the South. 3. No construction shall occur on Sunday or legal holidays and the developer:further agrees to 'limit Saturday construction from 7:30 A.M. to 12;00 P.M. 4. Developer will include in the project's Association documents 1hat: (i) no fishing or other water recreation shall be permitted in the drainage canal located to the south of the property; and Cd) the Association will maintain the fence and plantings in the Site Plan. S. The developer further agrees to petition the Drainage District in cooperation with the Governing .Associations to allow the existing vegetation located within the District's right-of"way to remain. however, the parties to the Declaration all understand that the vegetation is located within Drainage District's right-of-way and is not under the full control or authority of the developer or any other party to the Declaration, . 6. The developer shall petition Palm Beach County to allow a westbound left twn lane into the Venetian Villa projects. The parties to the Declaration acknowledge that the petition shall request Palm Beach County to fUnd and to wnstruct such turn lane. 7. Developer will request from the Palm Beach County School District that a school bus stop be located within the project. 8. The colors of the buildings shall be those colors contained in the site plan presented to the City Commission on February 17,2004. 9. Developer shall include in tbe project's Association docwnents a prohI"bition from parking on 23rd Avenue. 10. Developer will install trees located along the east and SOUth sides oithe project at a minimum height of 16 feet (plus or minus 6 inches), 10 Page 1 of 1 Rumpf, Michael From: Johnson, Don Sent: Tuesday, August 02, 2005 2:09 PM To: 'Peteryland@aol.com'; Johnson, Don Cc: Bressner, Kurt; Rumpf, Michael; Byrne, Nancy; Large, Tim; Logan, Laurinda Subject: RE: Venetian Villas-Restrictions I HAVE READ THE COURT ORDERED RESTRICTIONS AND IT DOES NOT SAY THAT THEY SHALL BE COMPLETED PRIOR TO ISSUANCE OF THE THE FIRST CERTIFICATE OF OCCUPANCY. e.g. CONCERNING THE PHASING OF THE BUILDINGS AND THE SITE COMPLETION IT WOULD BE UNREALISTIC FOR THE CONTRACTOR TO HAVE TO FINISH THE PERIMETER SITE FENCE AND LANDSCAPING FOR THE ENTIRE PROJECT PRIOR TO THE COMPLETION AND C.O OF THE FIRST BUILDING. I HAVE FORWARDED YOUR PREVIOUS ATTACHMENT TO ALL THE SUPERVISORS AND INSPECTORS OF THE VARIOUS SITE ISSUE DISCIPLINES AND I AM CONFIDENT THAT THEY WILL INSURE THEIR STAFF COMPLIES WITH THE APPROVED SITE PLAN. I WILL ALSO INSURE THAT THE SITE SUPERINTENDENT JIM PATTERSON RECEIVES A COPY OF THE RESTRICTIONS. DON JOHNSON BUILDING OFFICIAL -----Original Message----- From: Peteryland@aol.com [mailto:Peteryland@aol.com] Sent: Tuesday, August 02,2005 10:03 AM To: JohnsonD@ci.boynton-beach.fl.us Cc: BressnerK@ci.boynton-beach.fl.us; RumpfM@ci,boynton-beach.fl.us; ByrneN@ci.boynton-beach,fl.us; LargeT@ci.boynton-beach,fl.us Subject: Re: Venetian Villas-Restrictions Don- I am sure that the City of Boynton has more than adequate procedures to assure compliance with the site plan and I have been involved with Mike's department in the past on it. The difference in this case is the is the restrictions which were made part of the court order concerning this property. Ten restrictions were developed by adjoining residents, Golfview Harbour Homeowner's Association and the Developer and may not be part of the site plan. The adjoining residents, whom I represent, are concerned that these restrictions are met. My thought was that compliance with these restrictions should be assured before CO's are issued. If this is not possible, then perhaps the City Attorney should be involved. What do you suggest? Peter Ryland 561-736-2422 8/2/2005 .. Oc t-1 9-2004 11: 54am From-RUDEN MCr'~~v.v 18TTH NTST +9547644996 T-652 P_001/003 F-641 ~. Ruden ~II McClosky 200 EAST BROWAIlD BOULeVA~D ~ORT LAUOERDALE, PLORlDA 33301 POST OFFICE 130/1; 1900 FORT LAI,JDERD^L~, FLORIDA 33302 (954) 527.2..76 FAX: (954) 333-4076 !I0NNIE.MISKeL@RUDEN.COM FACSIMILE COVER SHEET DATE: October 19, 2004 FROM: Bonnie L. Miskel FILE NO.: 48486-0001 NUMBER OF PAGES: 3 (Including this Cover Page) If there are any problems or complications, please notify us inUllediately at (954) 764-6660. TO: George Abadie COMPANY: Seacoast Construction, Ine, FAX NO.: (305) 675-6326 COMMENTS: TIlE INFORMATIOI'< CONTAINED IN -nus FACSIMILE MESSAGE IS ATTOI{NEY PRIVILEGED AND CONFIDENTIAl. INFOAAtATION INTENDED ONL'Y FOIt TIlE USE. Of THE INDIVIDUAL OR ENTITY NAM~D ABOVE- IP THE READER OF THIS MESSAGE IS NOT TilE INTI!NDED RECTPIEN'l', YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY Of THIS COMMUNICATION IS STRICTLY PROHIBlTED, IF YOU HAVE R.ECEIVED Tl-IlS COMMUNICATION IN ERROR, PLEASE IMMF.DIAll~LY NOTIfY uS BY TEI.EPHONE (IF tONG DISTANCE, PLEASE CALL COLLECT) AND RETURN '!'HE ORIGINAL MESSAGE TO US AT TI-lE !laOV!: ADDRESS VIA TIlE U,S. POSTALSERvICE, lli^NK. YOu. FTl:1160193:1 RuDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS II n. LAUDER()AI.~ - MIAMI" NAPLES 0 PORT 5T, LUm. 5ARASOlAo ST_ f'ET~RSBURG - TAllAtlJ\SSEE -TAMPA -WEST PALM BEAC!,' Oct-19-2004 11 :54am From-RUDEN MCC'~~~Y 18TTH NTST +9547644996 T-652 P-002/003 F-641 't .. MILNOR CORPORATION, a Florida Corporation; NORMAN J. MICHAEL and ELISHKA B. MICHAEL, his wife, Plaintiff, IN THE CIRCillT COURT OF TIIE ISTII ruDIClAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: CL 89-6178 AN CIVIL DIVISION vs-. THE CITY OF BOYNTON BEACH, A Florida Municipal corporation, Defendant. AGREED ORDER ON PLAINTIFF'S MOTION FOR APPROVAL OF AMENDMENT OF DECLARATION The COlut having considered the above motion, and the: parties having agreed thereto, and being otherwise duly advised in the premises, it is hereby CONSIDERED. ORDERED AND ADnIDGED as follows: 1. The Plaintiffs Motion for Approval of Amendment of Declaration is hereby granted. 2. The Court hereby approves the City of Boynton Beach and the other parties entering into the Amendment. DONE and ORDERED in Chambers at West Palm Beach, Palm Beach County. Florida this day of , 2004, SlGNEO & DATED OCl 1 3 200~ crlc.;nl')..::;~':' ." ,~ ,', JEffREY J\- "N'l":<~' j" Circuit Court Judge Copies fm;nished to counsel of record as shown below 1 F1L:1300889;1 Oct-19-2004 11 :54am From-RUDEN MCCIA~~V 18TTH NTST I ~ I Case No. CL89-6178 Order on Plaintiffs Motion for Approval JaJIle5 Cherat, Esq. Josias. Goren 3099 E, Commercial Blvd. Suite, 200 Ft. Lauderdale~ FL 33308 Thomas R. Bolf. Esq, Ruden, McClosky~ et al PO Box 1900 Ft. Lauderdale. FL 33302 FTL:13008BS: 1 +9547644996 T-652 P-003/003 F-641 2 Oc t-1 9-2004 11: 55am From-RUDEN lACel'OA.,V 18TTH NTST +9547644996 T-652 P,OOl/011 F-642 lIII. Ruden ~II McClosky ~oo EAST BROWARD eOU~WARD FORT LAlJDEROA~E, FLORIDA 33301 porr OFFICE BOx 1900 FORT LAUDERDALE, Fl.ORIDA 3JJO~ 19541527-2476 FAX: (954) 333-4076 BONNIE,MISKEL@RUDEN,COM FACSIMILE COVER SHEET DATE: October 19, 2004 FROM: Bonnie L. Miskel FILE NO,: 48486-0001 NUMBER OF PAGES: 11 (Including this Cover Page) If there are any problems or complications, please notifY us immediately at (954) 764-6660, TO: George Abadie COMPANY: Seacoast Con.structioD~ Inc. FAX NO.: (305) 675-6326 I COMMENTS: THE INFORMATION CONTAINED IN 'J'HIS fACSMILE MESSAGE IS ATTORNEY PRNILEOfO AND CONFIDENTIA.I. INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMfD ABOVE. IF THE UADER OF THIS MESSAOF;: IS NOT THE INTENDED RECIPIENT. YOU ARE ~leKEBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF you HAVE RECfWED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY lCLEPI-lO'NE (IF LONG DISTANCE, PLEASE CALL COlT.BCT) AND Rf.'fURN THE ORIGINAL MESSAGE ro US AT 'rHE ABOVE ADDRESS VIA TliE U,S, POSTAL SERVICE. THANK YOU, FTLlll (,0193;1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RLJSSELL, P.A. CARACAS - FT.LALJm~I)ALE - MIAMI- NAPLES. PORT ST. LUCIE - S"RASOTA - S1, PETERSBURG. TAlLAHASSEE. r....MPA -WEST PALM BEACH Shamira Klein, ES~l' Bennan Renn~rt V ('sel & Mandler, P.A. 100 South~ast Second StrCCt, Suite 2900 Miami, Florida 33 131 Phone: 3051577.41 77 +9547644996 T-652 P,002/011 F-642 n0111111 ~llllm II ~ ~ 111111111111 UI II III 1 mil CFN 20ClJ4050~GiZI-{ ~7 OR BK ~7466JPG 1424 RECORDED 08/30/2004 16:21:58 P.lm B~ach County, Florida Dorothy H Wilken, Clerk 01 Ccurt Oct-19-2004 11 :55am From-RUDEN Mee' ..~V 18TTH NTST SU~n"JP. O~"'f50~ Pi>. RUDEN. McCLOSKY, SMnH. -,.., .' . .~ .\I,;.;l:::iEU, PA POST OFFICE BOX 1900 This document h~mflrnl!l0AlE. FLORIDA 33302 and when recorded" rerum 'io:~- AMENDMENT OF DECLARATION OF COVENANTS AND RESTRICTIONS FOR ALHAMBRA SQUARE THIS AMENDMENT OF DECLARATION OF COVENANTS AND RESTRICTIONS FOR ALHAMBRA SQUARE (this "Amendment") is entered into as of the Jii. day of :::r u.1 t · 2004 by and between THE CITY OF BOYNTON BEACH (the .'City"),. RSPB. LLC, a Florid limited liability company, AMERICAN RETIRE"MENT CORPORATION ("ARC"), and GOLFVIEW HARBOUR ESTATES HOMEOWNERS ASSOCIATION, INC" and GOLFVIEW HARBOUR ESTATES, INC. (collectively, the "Governing Associations"). RECITALS WHEREAS, as a condition of that certain Stipulation and Settlement Agreement with the City, dated Octo her 31, 1989 and entered in the Circuit Court of the ISh Judicial Circuit in and for Palm Beach County, Florida under Case No. 89-6178-AN (the "Stipulation Agreement"). Milnor Corporation, a ]:;'lorida corporation ("Milnor") as owner of Alhanlbra Square North, and Norman J. Michael and Elisbka E, Michael (collectively, "Michael"), as ownc~rs of Alhambra Square South and Alhambra Square ACLF, entered into that certain Declaration of Covenants and Restrictions For Alhambra Squar~. (the "Declaration") recorded on July 18, 1991 in Official Records Book 6895 at Page 1431 in the Public Records of Palm Beach County, Florida,. to impose certain developmental limitatioIl5 upon the use of the parcels of land located in Palm Beach County, Florida, as more particularly descn"bed in the Declaration; WHEREAS, RSPB, L.LC., a Florida limited liability company ("RSPB") is a successor in interest to Michael and Alllerican Retirement Corporation ("'ARC") is a successor in interest to Milnor, WHEREAS, the City, the Governing AssociatiOns, ARC and RSPB arc the sole benefited parties to the parcel described on Exhibit "A" attached hereto and are therefore the only parties required to join in this panial release ofthe covenants, restrictions, conditions, terms, provisions, rights and obligations crea.ted and arising in that certain Declaration, WHEREAS, Exhibit" A" is wholly contained within the Alhambra Square Sou.th and the Alhambra Square ACLF parcels, 1 Oct-l9-2004 11 :55am From-RUDEN MCCI"~"Y 18TTH NTST +9547644996 T -652 UOalO 11 F-642 WHERHAS. the City. the Governing Associations, ARC :md RSPB desire to parti.ally release the covenants, ]'~strictions) conditions, terms, provisions, rights and obligations created and arising in that certain Declaration as they relate to Exhibit "A". WHEREAS, a site plan (the "Site Plan") has been filed with the City for the development of 50 town home uoits on the Property, which plan is prepared by CVV Associates and dated December 2,2003. WHEREAS. the City, the Governing Associations, ARC ~Ll1d RSPB desire to partially release the covenants, restrictions. conditions.. terms. provisions, riibts and obligations created and arising in that certain Declaration as they relate to the Property. WITNESSETH NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned agree as follows: 1, The above recitals arc true and correct and incorporated herein by this reference; 2, Article III, Section C(5) of the Declaration is here:by released. terminated and of no further force or effect as to lhe Property, effective as of the date of the recording of this Amendment. Further, all reference to restricting the property described in Exhibit "A" hereto to an Adult Congregate Living Facility ("ACLF") are hereby released and deleted in their entirety and, from the date of recording of this Amendment, shall not be a restriction on that certain property described in Exhibit "A" hereto. 3, As a condition to the release described above, the owner of the Property and/or its successors in int(:rcst hereby agree that the development of the Propeny shall be in conformance with the limitations and requirements set forth on Exhibit "8" hereto. 4. This Amendment constitutes the entire agreement between the parties relating to the subject matter hereof and may not be amended. waived or discharged, except by instrument in writing executed by the parties hereto. 5, This Amendment shall be governed by and COnstrued in accordance with the laws of the State of Florida, 6, This Amendment may be executed in any number 0 f CO Wlterparts, each ofwmch shall be deemed an original. but all of which together, shall constitute hut one instrument. 7, This Amendment is for the benefit of the parties hereto and may not be amended or modified withoul the consenl of the Governing Associations, 2 Oct-l9-2004 11 :55am From-RUDEN MCCI "-"V 18TTH NTST +9547644996 T-652 P.004/011 F-642 8. In the event construction of the development on the Property in accordance with the Site Plan is not commenced within One (1) year from the date of recording of this Amendment, this Amendment will terminate and be of no further force or effect. {Signature Pages to Follow] 3 Oct-19-2004 11 :56am From-RUDEN MCC'.~~V 18TTH NTST +9547644996 T-652 P.005/011 F-642 . "TIWI '-l"I~~' "'I. r-.....' IN WITNESS WHEREOF..thig Amendmem is executed as of the date first writtenabo\'e by each oftbe pimjes hereto. .. WITNESSES/ATTESTATION: Knr ~~ ~~eTT"" lJ S~"')G.j ~dtyl~ ~ Print Name: .sV.r4N C bluM!' THE CITY OF BOYNTON BEACH By: ~ Print Name: -K C( Title: Ci-l-.., MANAjec STATE OF FLORIDA APPROV;;D AS TO fORM: ~ W~CITYA,.m'Nc"( COUNTY OF PALM BEACH The foregoing mst'f'l.).JI:aent was ac:kno\Vled~ed befate me ill the CountY and State aforesaid. this '@day of --S L1..\.. J ' 2004 by "u.. ct ~-Ie-,~ r\, t... ~, who is nersonally knovm to me or has prodt.S(:~d " as identification. ~C~=~ Print Name My Commission Expires: ",tP-'t PO'lL Lola B...Wtwetl f'9\\'f;, Commi$;"lIOO #")O.12168~ l \. \)..4 ExpIres June 9. 2008 "'01" IIoNMT..FlirI .,.........~Ie. ~ 4 Oct-l9-2004 11 :56am From-RUDEN MCC'''''V 18TTH NTST +9547644996 T-652 P.006/011 F-642 IN WITNESS WHEREOF, this Amendment is executed as of the- date first written above by each of the parties hereto. WITNESSES/ATTEST A nON: OOLFVIEW HARBOUR ESTATES HOMEOWNERS ASSOCIATION, INC ~ ~./ ..- . ....-; .....-.:' , r By: -~4';:__""-1 './;' _: .... Pnnt Name: _T~::il7(t:..//~'; d) E. PH (L?oTj Title: P..e-!!'$F.ol'/;'7 A,,:,PCI'(J::0 /../,:r~,sa.ue.l?s/;77"-':;:~ '/'/01) STATE OF FLORIDA COUNTY OF PALM BEACH ;tJ. The foregoing instrument was acknowledged before me in the County and State aforesaid this '1' day of j1,~ ' 2004 by 1?ck~ f'. Ph: I po tf- " who is personally known to me or bas produced F/c-. Jrill..d.. tic:: ~""Sc:: , as identification. a;{)~ Nolary Public.Stale OfFIDt--- Print Name My Commission Expires: "'~';;:":"" Carol A. Crowel l~;;;;;}<f,,-: C~m!llission #DD 1731 0 I ~;;. ,,:).:;~ ExpIres: Jan 18.2007 -,'9~. . . .J?-<' Bonded Thru '""~:,~~,,, All:ll1lic Bonding Co.. Inc 5 Oct-l9-2004 11 :56am From-RUDEN MCCll"~"V 18TTH NTST +9547644996 T -652 P. 0071011 F-642 IN WITNESS WHEREOF, this Amendment is executed as of the date first written above by each of the panies hereto. WITNESSES/ATTEST AnON: ~Ud~ Print e: 13 : +J' j Cd /t e..... ~ ~. me.. <..L-- 'Print Name: 811' t;.fi\-en"Z..ce... GOLFVIEW HARBOUR ESTATES, INC. By: ~~ ,,:f~, _ P?ntName: ~~a""l ~. 8t'lluJl"\ TItle: p,,.prl~..J- STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acJtnowledged before me in the County and State aforesaid this 1'1_ day of ~ 2004 by l:11Z.&;6lS....l..f '&fbw J,) ~ w~o is nersonally known to ~ or has produced. . as identification. ";:'UI "OJ ~Ulpuoa :lpllUJW ,,11ll{1 pitpUOQ ........~~'~'""" 900Z" OE "aa :S0lIdx3 .::p~.1..._~~ Ev3\1t>ZOOIl UO!SS!WIlIOJ ~~:{~::.~ .lado~ "1 nUlZla'-T ~'~1d' ~0.+"~ . Q 'I".f,,,\""" ~~ No ublic-State of Florida KE6/J.J~ L 7G.efEtL Print Name My Commission Expires: Oc t-1 9-2004 11: 56am F rom-RUDEN MCCl"'~"V 18TTH NTST +9547644996 T-652 P.008/011 F-642 IN WITNESS WHEREOF, thi~ Amendment is executed as of the date first wriuen above by each of the panies hereto. RSPB. L.L.C. / R "& By: /'0 I~ Pri:Qt Nanie~_ ~ '" l.J L S. . "'" '.! ~ Il AI<-.... Title: ~a..1f'""'C~~<<' (J'J\..r-~\oe r STAT.E OF fLORlD.t\ COUNTY OF PALM BEACH ~ The forc:going insllll+ncm was acl€nowle~ed. before me in the Cmmty and State aforesaid this \ \":=day of N\ ~ " .2004 by t:h ( Il ~\ r roro..i 05~N""\. who i51 peltonally known. to m.e or has produced rsaw"O.l~ ~~'" +-o\T'\ s identification. .\''''''''''''u A j:) " ~\\"'~~Cons~bl'.l/~ ~ # ~~ON..{ ~~ PUbl~S""" 0< Florid a i :~~t~er~:~... \ LAURIE CONSTAB.~.E . = : r:J ~~';*~ =* : .... : =- i ~ ~ 1100135702 ! ~~ -:io. ..~~ ",,~'. ,l;~d~ .'o...~ ~ Ie.... ~"-._'O...:;dl.....v~ ~.......^ '. __1nOI"';....{. "< ~ ~ ....,,0. .......:e\)~ ~ :11111 'lfC 51~)'" ~,~ ""lIIiII m\\\'" . Print Name My COmIllission Expires: 7 . Oct-l9-2004 11: 56am F rom-RUDEN IliCCl"'~I/V 18TTH NTST +9547644996 T-652 P.009/011 F-642 IN WITNESS WHEREOF, this Amendment is executed as of the: date first written above by each of the parties hereto_ WITNESSES/A TTESTATION: (..:. ~ ~ aQoO~_ Piint Name: .c... (Y\&.f't\ e~ \ ~ f~1J-.- Print Name: L" "t.A1IUj~ AMERICAN RETJREMENT CORPORATION 'i/;/ By: 1.,.". ,l\ printNam.'~r~ Title: ,ev/ ~,,) VIf~ I,.. / STATEOF~~~ COUNTY OF ~-^.LM BEAGH The foregoing instrument was acknowledged b~re me in the County and State aforesaid this ~yof ~04 by ~ ~~ u who is personaUy known to me or has produced ~~~: ~ as identification. ~~ ~l}.)~n Notary Public.S~ of~~ 3.1c~ c,. .1..A\Cl~ Print Nam M C . - E . RUBVC Y OIDmlSS10n xpues: Notary Public, Wlilial1'lson CQ, TN My Comm. !:xplros Deo, 12, ~004 - . :-"'." . -- - -. . -..- - . ....- ,."......,.. -. - - - ,---- - - .' -- -" -- '-;" ". ....... 7_ ..-. ... 8 Oct-l9-2004 11: 57am F rom-RUDEN MCCI"~I/V 18TTH NTST +9547644996 T-652 P.Ol0/011 F-642 EXHIBIT "AM The East 584.68 feet afTract 4, GOLF VIEW HARBOUR 3RD SECTlONt Oty of Boynton Beach, Rorida, acc:ording to the Plat thereof, recorded in Plat Book 30, pages 119 and 120, of the Public Reoorcls of Palm Beach COunty, Florida, Less arxl not induding the following desa1bed parcels: Commence at the Southeast CXlmer of Tract 4, as shown on the Plat entitled GOLF VIEW HARBOUR 3RD SECt10N, CIty of Boynton Beach, Florida, according to the Plat thereof recorded in Plat Book 30 on page 119, Public Records of Palm Beach COunty, Florida; thence North 2021'3611' West, along the East Une d Said Tract 4, a cllstan03 of 104.29 feet to the Point of Beginning of the RIght of Way to be herein described; thence oontlnue Northerly, along the same course, a distance of 92.69 feet to a point of tangenc.y of a curve CDl1C3Ve to the Northwest having a central angle of SSOl5'44" and a radius of 15 feet; thP.nce Southerly and westerly along the arc of said curve, a distanre of 23.11 feet to a point of reverse OJrvature; thence Westerly, SOutherly and Easterly, along the arc:: of a curve concave to the East having a central angle of 197D43t52" and a radius of '10 feet, a dlstanc:e of 138.04 feet to the Point of Beginning. Begin at the Southeast corner of said Tract 4; thence North 2021'36" West, on a Plat bearing, along the East line of said Tract 4, a distance of 104.29 feet m an Intersection with a auve concave to the North, said curve being a cul-de-sac as recorded in Offlc/al Records Book 2584, at pages 479 and ~O of the PublIC Reoords of Palm Beach County, Florida, a radial line from said intersectian bearing North 21 Q49'4411 West; thence westerly along the right of way of said cuJ-de..sac and along said curve, having a radius of 40.00 feet a central angle of 2goo~lt', and an arc length d 20.28 feet to an Intersection with a line being 20.00 feet West of, as measured at right angles, and parallel with the said East line of Tract 4; thence South 2021'36" East along said parallel line, a distance of 102.56 feet to an IntersectIon with the SOuth line of said Tract 4; thence North 8]038'24- East, along said SOuth line, a distance of 20.00 feet to the said southeaSt comer of Tract 4 and the Point of Beginning. 9 'O~t-19-2004 11 :57am From-RUDEN MCCI~~~V 18TTH NTST +9547644996 T-652 P.Oll/0l1 F-642 ;EXHIBIT "B" 1. The light poles on the east side of the site located adjacent to the cul-de-sac for ntb Street shall be reduced to the minimum height required to meet the City of Boynton Beach Code provided that such height and location meets the appropriate foot candle requirements. 2. The south wall shall be a six foot high. continuous coated aluminum bar fence with concrete columus and with no gates or openings to the canal area to the south of such fence. Upon completion of the installation of such fenceJ plantings will be installed on the exterior of the fence to obstruct the view of such fetl(:e from the South. 3. No comtruction shall occ:ur on Sunday or legal holidays 8II1d the developer:further agrees to limit Saturday construction from 7:30 A.M. to 12:00 P.M. 4. Developer will include in the project's AssociatioD documents that: (i) no fishing or other water recreation shall be permitted in the drainage canal located to the south of the property; and (n) the Association will maintain the fence and plantings in the Site Plan. S. The developer further agrees to petition the Drainage District in cooperation with the Governing Associations to allow the existing vegetation located within the District's right-of'"way to remain, however, the parties to the Declaration all understand that the vegetation is located within Drainage District's right-of-way and is not under the full control or authority of the developer or any other party to the Declaration. . 6. The developer shall petition Palm Beach County to allow a westbound left turn lane into the Venetian Villa projects. The parties to the Declaratio.n acknowledge that the petition shall request Palm Beacn County to fund and to construct such turn lane. 7. Developer will request from the Palm Beach County School District that a school bus stop be located within the project. 8. The colors of the buildings shall be those colors contained in the site plan presented to the City Commission on February 17,2004. 9. Developer shall include in the project's Association docwnents a prohibition from parking on 23M Avenue. 10. Developer will install trees located along the east and south sides of the project at a minimum height of 16 feet (Plus or minus 6 inches). 10 .j.!...\<!:~..-..(\ Page 1 of 1 J " (c( '5 .' "::> l' Rumpf, Michael From: Hallahan, Kevin Sent: Wednesday, January 12, 20052:18 PM To: Rumpf, Michael Subject: RE: LWDD Meeting-attending on behalf of the City of Boynton Beach Mike, I attended the LWDD meeting this morning. Mr. Ryland, 4 residents and the developer were also at the meeting. The LWDD Board turned down the residents' request to leave the existing trees in the canal easement. The LWDD Board also required the developer to dredge the canal waters and embankment in accordance with the conditions of the LWDD permit. The developer has met his City of Boynton Beach condition to meet with the LWDD Board and petition them to allow the trees and canal to remain in the present condition. Mr. Ryland and the residents are aware that the City has no further conditions on the developer pertaining the trees or canal embankment. The developer will be proceeding in accordance with the conditions of the LWDD permit requirements. PS. The LWDD letter that some residents received pertains to any trees, vegetation or un-permitted LWDD structures (docks) in the back of the residents' properties along the same canal easement East of the project. The LWDD Board discussed with Mr. Ryland that the LWDD Board might initiate a future dredging project East of the project site. Mr. Ryland also received this answer to this question at the morning meeting. If you need any additional information, let me know. Thanks. Kevin. -----Original Message----- From: Rumpf, Michael Sent: Tuesday, January 11, 20056:18 PM To: Hallahan, Kevin Subject: RE: LWDD Meeting-attending on behalf of the City of Boynton Beach What does this mean? -----Original Message----- From: Peteryland@aol.com [mailto:Peteryland@aol.com] Sent: Tuesday, January 11, 2005 5:13 PM To: HallahanK@ci.boynton-beach,fl.us; RumpfM@ci.boynton-beach.fl.us Subject: Re: LWDD Meeting-attending on behalf of the City of Boynton Beach News Flash- The Bryants next door to Venetian Villas got a certified letter telling them to clear everything in the LWDD right of way. Are they planning more embankments? Peter Ryland 1/13/2005 Page 1 of 1 Rumpf, Michael From: Hallahan, Kevin Sent: Thursday, February 17, 2005 12:42 PM To: Rumpf, Michael Subject: FW: L-27 (AKA Peter Ryland) Mike, FYI! Kevin. -----Original Message----- From: Spaprincess@aol.com [mailto:Spaprincess@aol.com] Sent: Wednesday, February 16, 2005 1:35 PM To: enslerb@ci.boynton-beach.fl.us; hallahank@ci.boynton-beach.fl. us; anne.gannon@myfloridahouse.gov; adam, hasner@myfloridahouse.gov Cc: b_callah@bellsouth,net; leeona49@bellsouth.net; jcarnes@bellsouth.net; Cashtrkeno@aol.com; scconst@bellsouth.net; gabadie@atlantisdevelopment.com Subject: L -27 Dear Mr. Commissioner- I am writing in regards to the issues of the L-27. We, the L-27 Committee, have become aware of the extenuating circumstances with illness and career changes within the city government. Additionally, Kevin Hallahan has graciously offered his assistance, but is not qualified or versed in these types of issues. We are asking for you to personally assist in this matter. We are in direct communication with Anne Gannon, Adam Hasner, Bill Winters, and Venetian Villas to expedite the amicable resolution of this matter; however, assistance from your office is essential. Moreover, we are questioning the validity of LWDD's request due to ownership. We are in possession of a County Deed for property control number 08-43-45-32-03-029-0010 dated March 17, 1998. This deed states that Palm Beach County sold this property to The City of Boynton Beach. We request your assistance in locating any documentation regarding the change of ownership after said deed. We look forward to your response and assistance. Respectfully yours, Jill Ann Smith Point Person L-27 Homeowner's Committee (561) 731-0268 spaprincess@aol.com 2/1812005 Page 1 of 1 Rumpf, Michael From: Sugerman, Dale Sent: Tuesday, February 15, 2005 8:02 AM To: 'Peteryland@aol.com' Cc: Bressner, Kurt; Cherof, James; Rumpf, Michael; Hallahan, Kevin; Kelley, David Subject: RE: Lazy Lake Waterway Mr. Ryland- You can fax the material to me at 742-6054. Regards, Dale Sugerman -----Original Message----- From: Peteryland@aol.com (mailto:Peteryland@aol.com] Sent: Monday, February 14, 20054:58 PM To: sugermand@ci.boynton-beachJl.us Cc: bressnerk@ci.boynton-beachJI,us; Spaprincess@aol.com; rumpfm@ci.boynton-beach.fl.us; HallahanK@ci.boynton-beach.fl.us; KelleyD@ci.boynton-beach,fl.us Subject: Lazy Lake Waterway Dale- I am ready to fax you a certified copy of a deed for "Lazy Lake Golf View Harbour 2nd Section recorded in plat book 27, Page 26.....Described in Tax Certificate number 2679 in the final Judgement Recorded in Official Record Book 1902, Page 1322....." The deed was recorded April 7,1998 as a sale from Palm Beach County to The City of Boynton Beach and I believe is described by the City Engineer as: Golf View Harbour 2nd Addition record plat was recorded on 09/28/61. This record plat reflects the LWDD L-27 Canal 100' R/W thru this subdivision (and named Lazy Lake Waterway). It is owned and operated by the LWDD. Thus any proposed construction within this R/W requires their permit for same. The water bodies noted as Lazy Lake and Big Bass Lake on this record plat do not have a parcel or tract designation. The only notation in the record plat designation is the following sentence, "The thoroughfares and Waterways as shown, are hereby dedicated to the perpetual use of the public for proper purposes together with the use of easements for construction and maintenance of utilities and drainage." This may be the responsibility of the city; obviously the City Attorney's Office will have to clarify. HOWEVER, based on the record plat language (and if in fact the city does accept responsibility) no other facilities (ie, docks, boat ramps, etc.) can be constructed within the water bodies. In my understanding, this deed covers the Lazy Lake Waterway including the Lake and the canal from Congress almost to the 11th Street Bridge and includes the LWDD right-of-way. I also believe that the City therefore could be named as a party to any lawsuit concerning the use/misuse of this property.You might want to contact the City Attorney on this. Please give me your fax number. Peter Ryland 736-2422 2/15/2005 Page 1 of 1 Rumpf, Michael From: Peteryland@aol.com Monday, February 14, 2005 4:58 PM sugermand@cLboynton-beach.f1.us bressnerk@ci.boynton-beach.f1.us; Spaprincess@aol.com; rumpfm@ci.boynton-beach.f1.us; Hallahan K@ci.boynton-beach.f1.us; KelleyD@ci.boynton-beach.f1.us Subject: Lazy Lake Waterway Sent: To: Cc: Dale- I am ready to fax you a certified copy of a deed for "Lazy Lake Golf View Harbour 2nd Section recorded in plat book 27, Page 26.....Described in Tax Certificate number 2679 in the final Judgement Recorded in Official Record Book 1902, Page 1322....." The deed was recorded April 7, 1998 as a sale from Palm Beach County to The City of Boynton Beach and I believe is described by the City Engineer as: Golf View Harbour 2nd Addition record plat was recorded on 09/28/61. This record plat reflects the LWDD L-27 Canal 100' R1W thru this subdivision (and named Lazy Lake Waterway). It is owned and operated by the LWDD. Thus any proposed construction within this R/W requires their permit for same. The water bodies noted as Lazy Lake and Big Bass Lake on this record plat do not have a parcel or tract designation. The only notation in the record plat designation is the following sentence, "The thoroughfares and Waterways as shown, are hereby dedicated to the perpetual use of the public for proper purposes together with the use of easements for construction and maintenance of utilities and drainage." This may be the responsibility of the city; obviously the City Attorney's Office will have to clarify. HOWEVER, based on the record plat language (and if in fact the city does accept responsibility) no other facilities (ie, docks, boat ramps, etc.) can be constructed within the water bodies. In my understanding, this deed covers the Lazy Lake Waterway including the Lake and the canal from Congress almost to the 11 th Street Bridge and includes the LWDD right-of-way.1 also believe that the City therefore could be named as a party to any lawsuit concerning the use/misuse of this property.You might want to contact the City Attorney on this. Please give me your fax number. Peter Ryland 736-2422 2/14/2005 Page 1 of 1 Rumpf, Michael From: Peteryland@aol.com Sent: Monday, February 14, 2005 11 :25 AM To: rumptm@ci.boynton-beach.f1.us Cc: Hallahan K@ci.boynton-beach.f1.us; KelleyD@ci.boynton-beach.f1.us; scconst@bellsouth.net; sugermand@ci.boynton-beach.f1.us; bressnerk@ci.boynton-beach.f1.us; billwinters@lwdd.net Subject: Venetian Villas Mike- I think we have a situation going on concerning the Venetian Villas project. Kevin Hallahan, George Abadie (the developer), and I have been working hard to save the pine trees in the LWDD right-ot-way. This morning, a giant ditch witch just laid a pipe the length ot the property inside the LWDD right-ot-way, threatening the roots ot those trees and the stability ot the canal embankment. In addition, Kevin tells me that some drainage structures on LWDD right-ot-way are being required which will mean the removal ot some ot the pine trees. The original submission to the City Commission, which was agreed to, shows the drainage line and structures approximately 20 teet into the Venetian Villas property, and not on the LWDD right-ot-way. The legal restrictions on the property are based on a site plan dated December 2, 2003. That plans shows the drainage lines and drainage structures within the Venetian Villas property line. The restrictions on the property also state that "The developer turther agrees to petition the Drainage District in cooperation with the Governing Associations to allow the existing vegetation located within the Districts right-ot-way to remain...." Why is the City violating the legal agreement concerning the conservation ot the trees and canal embankment and requiring the developer to use LWDD land tor drainage? Shouldn't LWDD be consulted on the use ot their right-ot-way tor drainage and drainage structures (LWDD has said they want to be able to dredge and embank the canal on their right-ot-way; doing so could damage the drainage)? Peter Ryland 736-2422 2/1412005 Page 1 of 1 Rumpf, Michael From: Peteryland@aol.com Sent: Thursday, February 10,20054:35 PM To: SugermanD@ci.boynton-beach.f1.us; MainK@ci.boynton-beach.f1.us Cc: RumpfM@ci.boynton-beach .fl.us; HallahanK@ci.boynton-beach.f1.us; KelleyD@ci.boynton- beach.f1.us Subject: Re: FW: Venetian Villas Dale- Thanks, I should probably do that after I search County records. At the meeting with LWDD yesterday, Bill Winters indicated that the District transferred some land in association with the Lazy Lake Canal so the canal would proceed through Golfview Harbour rather than continue along 23rd Avenue. I probably should look that up also. I am still not clear on who owns "open space". Peter Ryland 736-2422 2/11/2005 Page 1 of 1 Rumpf, Michael From: Sugerman, Dale Sent: Wednesday, February 09, 2005 1 :22 PM To: 'Peteryland@aol.com'; Main, Karen Cc: Rumpf, Michael; Hallahan, Kevin; Kelley, David Subject: RE: FW: Venetian Villas Mr. Ryland- The City Engineer, David Kelley, has previously clarified for us that the City does not have any responsibility for the property in question. If you would like to speak with him directly, he can be reached at 742-6488 Dale Sugerman Assistant City Manager -----Original Message----- From: Peteryland@aol.com [mailto:Peteryland@aol.com] Sent: Wednesday, February 09, 2005 1:18 PM To: Sugerman D@ci.boynton-beach.fl.us; MainK@ci.boynton-beach.fl.us Cc: RumpfM@ci.boynton-beach.fl.us; HallahanK@ci.boynton-beach.fl.us Subject: Re: FW: Venetian Villas Dale- For your consideration. There are two separate issues here; Venetian Villas and LWDD right-of-way. If the developer has met the conditions, including the legal restrictions concerning Venetian Villas, he is entitled to permits for the project. If you are referring to issuing a City permit to make changes to the LWDD right-of-way according to their permit, there are still issues concerning City responsibility which have not been resolved. To release a permit which allows clear cutting and embankment of the canal without the approval of either the citizens or the City Commission to whom they have appealed puts you in the middle. I refer you to restriction 7 of the legal agreement on this SUbject. There could be a question as to whether it has been met as of this time. You may also put the City in a difficult position if the developer does something other than what is agreed to later with the other canal property owners. Peter Ryland 2/14/2005 Page 1 of2 Rumpf, Michael From: Sugerman, Dale Sent: Wednesday, February 09, 2005 12:02 PM To: Main, Karen Cc: Rumpf, Michael Subject: RE: FW: Venetian Villas Done. -----Original Message----- From: Main, Karen Sent: Wednesday, February 09,2005 11:52 AM To: Sugerman, Dale Cc: Rumpf, Michael Subject: FW: FW: Venetian Villas Dale, Do you want to reply to Mr. Ryland or should I? If you prefer me to, perhaps you can give me some safe verbiage to use. Thanks Karen -----Original Message----- From: Peteryland@aol,com [mailto: Peteryland@aol.com] Sent: Wednesday, February 09, 2005 11:03 AM To: MainK@cLboynton-beach.fl.us Cc: sugermand@ci.boynton-beach.fl.us; rumpfm@ci,boynton-beach,fl.us; HallahanK@ci,boynton- beach.fl.us Subject: Re: FW: Venetian Villas Karen- 1 have just received your email and am concerned that the City not issue any permits concerning the LWDD right-of-way until there is some agreement between the residents and the LWDD on how this property is handled. It is my understanding that Property Appraiser records show the City owns the Lazy Lake Waterway down to the 11 th Street bridge. The City Engineer has described the land portion behind Venetian Villas as "open space". In either case, the City may be responsible for what occurs on this portion of the right-of-way. Clear cutting and embankment of the canal is clearly unacceptable to the contingent property owners, whom 1 represent. The developer gave the City two weeks and I have been working with him to quickly get a compromise, which we are attempting to do this afternoon. 1 don't think the City should give him free reign to clear cut and embank the right-of-way, especially when the 24th Avenue homeowners have not worked out their agreement with LWDD yet. My position is that the Venetian Villas Homeowner Association should be in the same position as any other homeowner along the Lazy Lake Canal. I am hoping for a grassed over, meandering 10' roadway which requires minimal disturbance of the canal and embankment and the retention of almost all of the pines. 1 do not want to go into a meeting where the LWDD and developer have already been given free reign to do whatever. 1 have already given you detailed comments on the rest of the project as it applies to the legal restrictions. 1 probably should also review what has been signed off on before they get too far into the project. I have already tried reaching all those who are receiving this email and left messages where I could. 2/1412005 Page 2 of2 Please do not "sign off' on any permits involving the LWDD right-ot-way or any violations ot the legal agreement concerning the Venetian Villas project. Peter Ryland 2/14/2005 Page 1 of2 Rumpf, Michael From: Rumpf, Michael Sent: Tuesday, February 08, 2005 4:50 PM To: Hallahan, Kevin Subject: RE: Community Meeting-Saturday February 12, 200510:00 AM- Venetian Villas Project (local residents community meeting) Kevin, thanks for attending. I don't see our role as anything except technician to see that our processes and conditions are properly represented. If there is a basis for any other position, for example to push for preservation, that would come from you for documented environmental reasons. Mike -----Original Message----- From: Hallahan, Kevin Sent: Tuesday, February 08, 2005 3:48 PM To: Rumpf, Michael Subject: FW: Community Meeting-Saturday February 12, 2005 10:00 AM- Venetian Villas Project (local residents community meeting) Mike, FYI! Dale Sugerman has requested me to attend the Saturday meeting (see below) on his behalf to represent the City. The meeting is to facilitate discussion between the local residents, State Representative Adam Hasner and the City staff towards requesting the LWDD board members to amend the Venetian Villas permit requirement to remove all of the existing Slash Pine trees from the LWDD right-of-way. Are there any particular questions or topics you would like me to ask or discuss at the meeting? Let me know. Thanks. Kevin. -----Original Message----- From: Hallahan, Kevin Sent: Tuesday, February 08, 2005 3:35 PM To: Sugerman, Dale Subject: RE: Community Meeting Dale, I am more than happy to attend on your behalf to represent the City. I will contact you on Monday to discuss the results of the meeting. Are there any particular questions or topics you would like me to ask or discuss at the meeting? Let me know. Thanks. Kevin. -----Original Message----- From: Sugerman, Dale Sent: Tuesday, February 08, 2005 2:31 PM To: Hallahan, Kevin Subject: FW: Community Meeting Here you go Kevin. Thanks again for covering for me! Dale -----Original Message----- From: Spaprincess@aol.com [mailto:Spaprincess@aol.com] Sent: Tuesday, February 08, 2005 2:27 PM To: philpotr@bellsouth.net; jsbl124@earthlink.net; b_callah@bellsouth.net; 2/812005 2/8/2005 Page 2 of2 wendy, mortimer@myfloridahouse.gov; leeona49@bellsouth.net; adam. hasner@myfloridahouse.gove; jcarnes@bellsouth.net; Cashtrkeno@aol.com; Peteryland@aol.com; gabadie@atlantisdevelopment.com; nmyers@tribune,com; Ifperez@sunsentinal.com; neighborhood@pbpost.com; sugermand@ci.boynton-beach.fl.us Subject: Community Meeting IMPORTANT L-27 Community Meeting Saturday, February 12th 10:00AM - 11 :OOAM Located at Tim & Sharon Brueggemann's home: 1124 SW 24th Avenue, Boynton Beach, FL (see attached map) Esteemed Guests: State Representative, Adam Hasner City Forester/Environmentalist, Kevin Hallahan ~pf, Michael From: Sent: To: Cc: Subject: Sugerman, Dale Friday, February 04, 20054:24 PM Rumpf, Michael Greene, Quintus; Byrne, Nancy; Main, Karen; Hallahan, Kevin RE: Venetian Villas That makes sense to me. Dale -----Original Message----- From: Rumpf, Michael Sent: Friday, February 04, 2005 2:58 PM To: Sugerman, Dale Cc: Greene, Quintus; Byrne, Nancy; Main, Karen; Hallahan, Kevin Subject: RE: Venetian Villas Thanks Dale. Most importantly, it looks like the developer is still trying to buy them time and remains directly involved. I assume it is the developer's initiative to continue on his own, but will expect the permits as requested. I understand that remaining comments were simple and required some minor revisions to plans. All comments will soon be addressed and warrant the issuance of permits. Unless directed otherwise, we will sign-off thereby relying upon the developer to steer the bull dozer accordingly until all attempts have been made for relief from LWDD reqts. Mike -----Original Message----- From: Sugerman, Dale Sent: Friday, February 04, 2005 2:29 PM To: Rumpf, Michael Cc: Greene, Quintus; Byrne, Nancy Subject: RE: Venetian Villas Mike- Apparently there has been some progress, but it is not resolved. The developer (George Abadie) has an appointment with Bill Winters of the LWDD on Wednesday, February 9th, wherein he will be attempting to modify his permit so that he does not have to do the full clear-cut of all of the vegetation. Obviously, we do not know the outcome of that meeting, since it hasn't taken place yet. On a similar note, at least one property owner on SW 24th Street has gotten an extension from what was originally a March 4th deadline to comply. It has now been pushed out to what is now a May 24th deadline to comply. In the interim, this homeowner, along with all of the others are going to try to put together a compromise plan that can be presented to the LWDD Board of Directors for their May meeting. Bill Winters is receptive to a compromise being offered, but of course, the acceptance of the compromise position is purely up to the Board. I'm not sure how any of this impacts Mr. Abadie, because I don't know what his permit conditions are with the LWDD or with us. Hopefully, I have given you enough updated background information that you can make an informed decision about Karen's issue. Dale -----Original Message----- From: Rumpf, Michael Sent: Friday, February 04, 2005 2:08 PM To: Sugerman, Dale Cc: Greene, Quintus; Byrne, Nancy Subject: FW: Venetian Villas Importance: High 1 .. Dale, was there any progr'ess made in finding a new solution this vegetation clearing issue and the LWDD? As you see from Karen's note, they are ready to clear, grade and build. I lost track of time but believe we are past the 2 week grace period from the builder. Mike -----Original Messagen--- From: Main, Karen Sent: Friday, February 04, 2005 1:54 PM To: Rumpf, Michael Cc: Sugerman, Dale Subject: Venetian Villas Mike I just finished meeting with George A. He has addressed all my comments sufficiently, I didn't take the time to read the LWDD document but will when he re-submits. At this moment I see no further reason to deny him. Speak now if you do. Karen 2 Page 1 of3 Rumpf, Michael From: Rumpf, Michael Sent: Thursday, January 20,20051 :16 PM To: Sugerman, Dale Subject: RE: Venetian Villas-LWDD Right-of-Way Dale, I just spoke to Dave who is going to refresh his memory by reviewing the plats over lunch. He has reseached similar questions of ownership previously regarding development drainage. Preliminarily he recalls them all being private except where specifically indicated on the Plat. Now, I just checked with Wally knowing that John Wilner had this knowledge for canal maintenance purposes. Wally has a working file if you have time to get to it before I do. Mike -----Original Message----- From: Sugerman, Dale Sent: Thursday, January 20, 2005 10:54 AM To: Kelley, David; Livergood, Jeffrey Cc: Mazzella, Pete; Hall, Ken; Kelley, David; Main, Karen; Rumpf, Michael Subject: RE: Venetian Villas-LWDD Right-of-Way David and/or Jeff- Maybe you two guys can help further to clarify this. Would you please take a look and let me know what you think? This is a follow-up issue from something that came out of Tuesday night's City Commission meeting, and it has been placed on a high priority by the City Manager. Thanks, Dale -----Original Message----- From: Main, Karen Sent: Thursday, January 20, 2005 10:45 AM To: Sugerman, Dale; Rumpf, Michael Cc: Mazzella, Pete; Hall, Ken; Kelley, David Subject: RE: Venetian Villas-LWDD Right-of-Way Dale I just checked the plat (I'm not an expert at reading them) it appears that Lazy Lake Waterway may be the same as canal 27, Lazy Lake itself is a more open actual lake type body of water. I think Engineering may be the best place to get answers. I also don't know what "control" means in this context. -----Original Message--m From: Sugerman, Dale Sent: Thursday, January 20, 2005 9:55 AM To: Main, Karen; Rumpf, Michael Cc: Mazzella, Pete; Hall, Ken Subject: RE: Venetian Villas-LWDD Right-of-Way Thanks Karen. This begins to help. But I don't know what "controlled by the City" means. Are Lazy Lake & Big Bass owned by the City? In other words, are the submerged lands owned by the City? Have the submerged lands and these waterways been dedicated, by plat, to the City? And I'm sorry for not knowing this, but are Lazy Lake and Big Bass an existing wide expanse 1/2012005 1/20/2005 Page 2 of3 of the canals, or are they tributary waterways interconnected with the LWDD canals? If anyone on this e-mail list wants to drive out to the scene of the crime with me, I'd be happy to do so. Thanks for helping to begin the process of clearing up this obviously liquid scenario. Dale -----Original Message----- From: Main, Karen Sent: Thursday, January 20, 2005 9:49 AM To: Sugerman, Dale; Rumpf, Michael Cc: Mazzella, Pete; Hall, Ken Subject: RE: Venetian Villas-LWDD Right-of-Way Dale, I'll give you the best I've got on it, per info I have regarding waterways within the city, the waters in Golfview Harbor are dedicated to the public, Lazy Lake & Big Bass are not under any specific controlling agency, therefore are controlled by the city. But canals 27 & 28 belong to LWDD, I'm not sure where the canal and lake become separate bodies of water. This info was prepared by Ken Hall, who is not available at the moment, he may be able to offer more clarification. I'll check with him as soon as he returns. Karen -----Original Message----- From: Sugerman, Dale Sent: Thursday, January 20, 2005 9:32 AM To: Main, Karen; Rumpf, Michael Cc: Mazzella, Pete Subject: RE: Venetian Villas-LWDD Right-of-Way Karen/Mike- I have heard both ways now. Does the City own any parcels of land on the "Lazy Lake Canal" and is the "Lazy Lake Canal" the same as the LWDD L-27 Canal? Is the "Lazy Lake Canal" just a section of the LWDD L-27 canal? I have heard both that we do, and I have heard that we don't own any land. Your insight into what Mr. Ryland is talking about would be greatly appreciated. Thanks, Dale -----Original Message----- From: Peteryland@aol.com [mailto:Peteryland@aol.com] Sent: Thursday, January 20, 2005 8:50 AM To: MainK@ci.boynton-beach.fl.us; rumpfm@ci.boynton-beach.fl.us Cc: sugermand@ci.boynton-beach.fl.us Subject: Venetian Villas-LWDD Right-of-Way Karen and Mike- I received a call from George Abadie, the developer, around 4 PM yesterday. We have been working amicably together to save the trees and embankment between his development and the Lazy Lake Canal. Page 3 of3 During the conversation, George stated that he would hold off until the 24th, perhaps even a little longer, while the City works something out with LWDD, but a few days after that he expected to go ahead according to the LWDD permit. I politely asked him if he had discussed it with the City, as records show it is their property and the City requires permits for major improvements such as docks. George said he had the impression from P&D that the City had no involvement in the right-of-way. I left it there and went on to something else, as I want to keep our amicable relationship. My interpretation of this part of the conversation is that the developer feels that he has full authority to modify that portion of the right-of-way without City approval and is only holding back because he does not agree with what LWDD wants him to do. In the worse case, he could begin clear cutting and bulldozing at any time. There are several residents who look directly at the right-of-way. Please let me know what appropriate actions they should take if the worse case should occur. Specifically, can they call Police and claim that the developer is encroaching on City property without a City permit? Peter Ryland 1/20/2005 Page 1 of3 Rumpf, Michael From: Kelley, David Sent: Thursday, January 20,20053:31 PM To: Sugerman, Dale; Livergood, Jeffrey Cc: Mazzella, Pete; Hall, Ken; Main, Karen; Rumpf, Michael; Logan, Laurinda Subject: RE: Venetian Villas-LWDD Right-of-Way Gentlemen & Ladies: Since my name has been brought into this picture, I have re-researched this issue again (went thru this exercise back in 1998 when I was with the Utilities Department for Mr. Mark Law in regards to the cleaning up the LWDD L-27 west of Congress Avenue). Please be advised that all drainage lateral and equalization canals that are numbered and/or lettered belong to the Lake Worth Drainage District (LWDD). This was determined a long time ago (1909) and the LWDD filed a complete set of R/W maps in Palm Beach County in 1959 to reflect both their existing and proposed right-of-way requirements for all canals within their jurisdiction. Now, I submit the following facts to you: Golf View Harbour 2nd Addition record plat was recorded on 09/28/61. This record plat reflects the LWDD L-27 Canal 1 00' R/W thru this subdivision (and named Lazy Lake Waterway). It is owned and operated by the LWDD. Thus any proposed construction within this R/W requires their permit for same. The water bodies noted as Lazy Lake and Big Bass Lake on this record plat do not have a parcel or tract designation. The only notation in the record plat designation is the following sentence, "The thoroughfares and Waterways as shown, are hereby dedicated to the perpetual use of the public for proper purposes together with the use of easements for construction and maintenance of utilities and drainage." This may be the responsibility of the city; obviously the City Attorney's Office will have to clarify. HOWEVER, based on the record plat language (and if in fact the city does accept responsibility) no other facilities (ie, docks, boat ramps, etc.) can be constructed within the water bodies. Plat of Cranbrook Lake Estates record plat was recorded on 10/06/77. This subdivision is located on the west side of Congress Avenue and south of both Golf Road and the LWDD L-27 Canal R/W. Here, all roadways and water bodies (except the L-27 Canal) are the responsibility of the Cranbrook Lake Estates POA, Inc. Venetian Villas record plat was recently recorded on 11/08/04. It abuts the LWDD L-27 Canal R/W on the north side but no housing units abut the canal; an open space parcel (Tract "0-2") separates the two uses. Please be advised that the city yields to the LWDD for any structure permits required within their jurisdiction (as well as any other government jurisdiction in regards to water bodies (ie, ICWW, Lake Worth Lagoon, etc)), and the city only issues permits on those water bodies within the city limits to which it maintains and/or has jurisdiction. Further, the LWDD maintains their right-of-ways as they deem necessary for drainage flow; the city has not oversee capability (other than communication with that organization). If you have any questions, please contact me accordingly. Dave.... -----Original Message---n From: Sugerman, Dale Sent: Thursday, January 20, 2005 10:54 AM To: Kelley, David; Livergood, Jeffrey Cc: Mazzella, Pete; Hall, Ken; Kelley, David; Main, Karen; Rumpf, Michael Subject: RE: Venetian Villas-LWDD Right-of-Way David and/or Jeff- 1/20/2005 Page 2 of3 Maybe you two guys can help further to clarify this. Would you please take a look and let me know what you think? This is a follow-up issue from something that came out of Tuesday night's City Commission meeting, and it has been placed on a high priority by the City Manager. Thanks, Dale -----Original Message----- From: Main, Karen Sent: Thursday, January 20, 2005 10:45 AM To: Sugerman, Dale; Rumpf, Michael Cc: Mazzella, Pete; Hall, Ken; Kelley, David Subject: RE: Venetian Villas-LWDD Right-of-Way Dale I just checked the plat (I'm not an expert at reading them) it appears that Lazy Lake Waterway may be the same as canal 27, Lazy Lake itself is a more open actual lake type body of water. I think Engineering may be the best place to get answers. I also don't know what "control" means in this context. -----Original Message----- From: Sugerman, Dale Sent: Thursday, January 20, 2005 9:55 AM To: Main, Karen; Rumpf, Michael Cc: Mazzella, Pete; Hall, Ken Subject: RE: Venetian Villas-LWDD Right-of-Way Thanks Karen. This begins to help. But I don't know what "controlled by the City" means. Are Lazy Lake & Big Bass owned by the City? In other words, are the submerged lands owned by the City? Have the submerged lands and these waterways been dedicated, by plat, to the City? And I'm sorry for not knowing this, but are Lazy Lake and Big Bass an existing wide expanse of the canals, or are they tributary waterways interconnected with the LWDD canals? If anyone on this e-mail list wants to drive out to the scene of the crime with me, I'd be happy to do so. Thanks for helping to begin the process of clearing up this obviously liquid scenario. Dale -----Original Message----- From: Main, Karen Sent: Thursday, January 20, 2005 9:49 AM To: Sugerman, Dale; Rumpf, Michael Cc: Mazzella, Pete; Hall, Ken Subject: RE: Venetian Villas-LWDD Right-of-Way Dale, I'll give you the best I've got on it, per info I have regarding waterways within the city, the waters in Golfview Harbor are dedicated to the public, Lazy Lake & Big Bass are not under any specific controlling agency, therefore are controlled by the city. But canals 27 & 28 belong to LWDD, I'm not sure where the canal and lake become separate bodies of water. This info was prepared by Ken Hall, who is not available at the moment, he may be able to offer more clarification. I'll check with him as soon as he returns. Karen 1/20/2005 Page 3 of3 -----Original Message----- From: Sugerman, Dale Sent: Thursday, January 20, 2005 9:32 AM To: Main, Karen; Rumpf, Michael Cc: Mazzella, Pete Subject: RE: Venetian Villas-LWDD Right-of-Way Karen/Mike- I have heard both ways now. Does the City own any parcels of land on the "Lazy Lake Canal" and is the "Lazy Lake Canal" the same as the LWDD L-27 Canal? Is the "Lazy Lake Canal" just a section of the L WDD L-27 canal? I have heard both that we do, and I have heard that we don't own any land. Your insight into what Mr. Ryland is talking about would be greatly appreciated. Thanks, Dale -----Original Message----- From: Peteryland@aol.com (mailto:Peteryland@aol.com] Sent: Thursday, January 20, 2005 8:50 AM To: MainK@ci.boynton-beach,fl.us; rumpfm@ci.boynton-beach,fl.us Cc: sugermand@ci.boynton-beach,fl.us Subject: Venetian Villas-LWDD Right-of-Way Karen and Mike- I received a call from George Abadie, the developer, around 4 PM yesterday. We have been working amicably together to save the trees and embankment between his development and the Lazy Lake Canal. During the conversation, George stated that he would hold off until the 24th, perhaps even a little longer, while the City works something out with LWDD, but a few days after that he expected to go ahead according to the LWDD permit. I politely asked him if he had discussed it with the City, as records show it is their property and the City requires permits for major improvements such as docks. George said he had the impression from P&D that the City had no involvement in the right-of-way. I left it there and went on to something else, as I want to keep our amicable relationship. My interpretation of this part of the conversation is that the developer feels that he has full authority to modify that portion of the right-of-way without City approval and is only holding back because he does not agree with what LWDD wants him to do. In the worse case, he could begin clear cutting and bulldozing at any time. There are several residents who look directly at the right-of-way. Please let me know what appropriate actions they should take if the worse case should occur. Specifically, can they call Police and claim that the developer is encroaching on City property without a City permit? Peter Ryland 1/2012005 Par: 1, '1O:~~ , I \ I I" v\ v, 1c'S Rumpf, Michael From: Sugerman, Dale Sent: Thursday, January 20, 2005 10:54 AM To: Kelley, David; Livergood, Jeffrey Cc: Mazzella, Pete; Hall, Ken; Kelley, David; Main, Karen; Rumpf, Michael Subject: RE: Venetian Villas-LWDD Right-of-Way David and/or Jeff- Maybe you two guys can help further to clarify this. Would you please take a look and let me know what you think? This is a follow-up issue from something that came out of Tuesday night's City Commission meeting, and it has been placed on a high priority by the City Manager. Thanks, Dale -----Original Message----- From: Main, Karen Sent: Thursday, January 20, 2005 10:45 AM To: Sugerman, Dale; Rumpf, Michael Cc: Mazzella, Pete; Hall, Ken; Kelley, David Subject: RE: Venetian Villas-LWDD Right-of-Way Dale I just checked the plat (I'm not an expert at reading them) it appears that Lazy Lake Waterway may be the same as canal 27, Lazy Lake itself is a more open actual lake type body of water. I think Engineering may be the best place to get answers. I also don't know what "control" means in this context. -----Original Message----- From: Sugerman, Dale Sent: Thursday, January 20, 2005 9:55 AM To: Main, Karen; Rumpf, Michael Cc: Mazzella, Pete; Hall, Ken Subject: RE: Venetian Villas-LWDD Right-of-Way Thanks Karen. This begins to help. But I don't know what "controlled by the City" means. Are Lazy Lake & Big Bass owned by the City? In other words, are the submerged lands owned by the City? Have the submerged lands and these waterways been dedicated, by plat, to the City? And I'm sorry for not knowing this, but are Lazy Lake and Big Bass an existing wide expanse of the canals, or are they tributary waterways interconnected with the LWDD canals? If anyone on this e- mail list wants to drive out to the scene of the crime with me, I'd be happy to do so. Thanks for helping to begin the process of clearing up this obviously liquid scenario. Dale -----Original Message----- From: Main, Karen Sent: Thursday, January 20, 2005 9:49 AM To: Sugerman, Dale; Rumpf, Michael Cc: Mazzella, Pete; Hall, Ken Subject: RE: Venetian Villas-LWDD Right-of-Way 1/2012005 1/2 0/2005 Page 2 of3 Dale, I'll give you the best I've got on it, per info I have regarding waterways within the city, the waters in Golfview Harbor are dedicated to the public, Lazy Lake & Big Bass are not under any specific controlling agency, therefore are controlled by the city. But canals 27 & 28 belong to LWDD, I'm not sure where the canal and lake become separate bodies of water. This info was prepared by Ken Hall, who is not available at the moment, he may be able to offer more clarification. I'll check with him as soon as he returns. Karen -----Original Message----- From: Sugerman, Dale Sent: Thursday, January 20, 2005 9:32 AM To: Main, Karen; Rumpf, Michael Cc: Mazzella, Pete Subject: RE: Venetian Villas-LWDD Right-of-Way Karen/Mike- I have heard both ways now. Does the City own any parcels of land on the "Lazy Lake Canal" and is the "Lazy Lake Canal" the same as the LWDD L-27 Canal? Is the "Lazy Lake Canal" just a section of the L WDD L-27 canal? I have heard both that we do, and I have heard that we don't own any land. Your insight into what Mr. Ryland is talking about would be greatly appreciated. Thanks, Dale -----Original Message----- From: Peteryland@aol.com [mailto:Peteryland@aol.com] Sent: Thursday, January 20, 2005 8:50 AM To: MainK@cLboynton-beach.fl.us; rumpfm@ci.boynton-beach.fl.us Cc: sugermand@ci.boynton-beach.fl.us Subject: Venetian Villas-LWDD Right-of-Way Karen and Mike- I received a call from George Abadie, the developer, around 4 PM yesterday. We have been working amicably together to save the trees and embankment between his development and the Lazy Lake Canal. During the conversation, George stated that he would hold off until the 24th, perhaps even a little longer, while the City works something out with LWDD, but a few days after that he expected to go ahead according to the LWDD permit. I politely asked him if he had discussed it with the City, as records show it is their property and the City requires permits for major improvements such as docks. George said he had the impression from P&D that the City had no involvement in the right-of-way. I left it there and went on to something else, as I want to keep our amicable relationship. My interpretation of this part of the conversation is that the developer feels that he has full authority to modify that portion of the right-of-way without City approval and is only holding back because he does not agree with what LWDD wants him to do. In the worse case, he could begin clear cutting and bulldozing at any time. Page 3 of3 There are several residents who look directly at the right-of-way. Please let me know what appropriate actions they should take if the worse case should occur. Specifically, can they call Police and claim that the developer is encroaching on City property without a City permit? Peter Ryland 1/20/2005 JI' ~ ~ l0 ~J ~ ri \:J '-0 . ~ ~ -- . '~ '" 1 ~ J ~ ~ ~ , '-l + ,,,, , L~~ WORTH DRAINAGE Dl:......-fRICT BOARD AGENDA BOARD OF SUPERVISORS MEETING JANUARY 12. 2005 8:30 Call to order by the President. Pledge of Allegiance 8:35 Oath of office to newly elected Supervisor(s). 8:36 Consent Agenda (See Page 2) 8:40 Election of President, Senior Vice President, Vice President and Supervisors. 8:55 Approval of Minutes, Bills, Financial Statement, Documents and Self-Insurance fund for the previous month. 9:00 Tom DiBucci - L-35W. LWDD Project No. 04-7432P.04 Tom DiBucci - Re: Req. to purchase portion of District right-of-way. (Tierra Del Ray South comer of L-35W just East of E-1WS) 9:15 Oswaldo & Susan Ona - L-27. LWDD Project No. 89-3771A.01 Oswaldo & Susan Ona - Re: Request to keep existing above ground encroachments. 9:30 Four Brothers Recycling/ABC V-Pull-It. Inc. - L-4. LWDD Project No. 99-5355P.01 Jon E. Schmidt, Jon E. Schmidt and Associates - Re: Request Piping, Paving and Parking License Agreement on 917 feet of the L-4 Canal, west side of Benoist Farms Road approximately half way between Belvedere Road and Southern Blvd. 9:45 del\J~ed 5-0 Venetian Villas Townhomes Project/Venetian Villas. LLC & Venetian Villas Homeowner's Association. Inc. - L-27. LWDD Project No. 04-7027D.02 Andrew Ives, Berman Rennert Vogel & Mandler, P.A. - Re: Request to allow the existing vegetation located within the District's right-of-way to remain. 10:00 RECESS - 10:15 Brandy R. O'Neill- L-19. LWDD Project No. 04-7735P.01 Brandy R. O'Neill- Re: Request permission to access her property by using LWDD property to build an in ground pool in her backyard. (Lot 49 Springs Plat 1, Plat Book 80/92-95. 10:30 Waterford at the Cascades - L-27. LWDD Project No. 04-4661P.24 Merv Blatt, Waterford President and Marion Silberstein - Re: Would like to hire Clean and Green to mow the L-27 Canal between times the District mows. 10:45 Yamato Road. East of Jog Road to Military Trail- L-42 & E-3. LWDD Project No. 03-583R.38 S. Mark Kline, P.E. Project Engineer with Keith and Schnars, P.A. _ Re: Two locations where right-of-way encroachment of an asphalt path is necessary, Yamato Road and St. Andrews Ave. for 4 ft., 650 ft. east of the intersection and 250 ft. west of the intersection. / 11:00 Ascot Realty - LWDD Project No. 04-7664P.01 Re: Report to Board on emergency meeting of the purchase of TDR's or purchase of land. OTHER: A. Reports from Board members on attendance at other meetings, if any. B. Contracts for Treasurer and Engineer. C. Contract/Bids for repair of revetment mats and L-8 pipe extension (from 12/15/04 Bd. Mtg,) D. Discussion of lobbyist contract. (Washington D.C.) E. Report on purchase of pump for Control Structure No. 12. Page 1 of 1 .. Hallahan, Kevin From: Peteryland@aol.com Sent: Friday, January 07,20053:24 PM To: rumpfm@ci.boynton-beach.f1.us Cc: Hallahan K@ci.boynton-beach.fl.us Subject: LWDD Meeting Mike- ~ I called LWDD and found out that the hearing on Venetian Villas is scheduled f~n Wednesday, January 12th at their offices at 13081 Military Trail (between Golf and Lake Ida Roads) in Boynton Beach. I hope someone from Boynton Planning can attend. Peter Ryland l"' 9'.3) LluD D l\JeOJ\ f{ ct t-~ 6UQ~ttu 1/1012005 Page 1 of 1 Rumpf, Michael From: Peteryland@aol.com Sent: Thursday, January 06, 2005 8:32 AM To: RumpfM@cLboynton-beach.f1.us Cc: Hallahan K@ci.boynton-beach.f1.us Subject: Re: Venetian Villas-LWDD Mike- Thanks for your help. We have noticed a dropoff in canal wildlife since the land clearing, even with the trees still in place. I would hate to see them lost. I am following up on the meeting time with the developer and will let you know. Peter Ryland 1/6/2005 ~f, Michael From: Sent: To: Subject: Rumpf, Michael Tuesday, January 04,200512:21 PM Hallahan, Kevin RE: Venetian Villas-LWDD Thanks. That's what I meant to say, that you were awaiting clarification from him. MR. -----Original Message----- From: Hallahan, Kevin Sent: Tuesday, January 04, 2005 12:06 PM To: Rumpf, Michael Subject: RE: venetian Villas-LWDD Mike, No, I am not waiting for any additional information relating to the environmental assessment of the site. The report indicates that there are no environmental concerns. The LWDD canal and right-of-way is not considered part of the developers' property. The developers' property survey stakes show where the developers' property ends and the LWDD property starts. I am waiting for a call from the environmentalist who actually looked at the developers' property to ask him if his statement of "no environmental impact on flora or fauna" included the habitat inside the LWDD canal property. I can attend the meeting to listen to the discussion between the LWDD and the neighbors. -----Original Message----- From: Rumpf, Michael Sent: Monday, January 03, 2005 3:27 PM To: Hallahan, Kevin Subject: RE: Venetian Villas-LWDD So you are still awaiting more information related to the environmental assessment? And are you interested in attending the meeting between the district and neighbors just to hear it first hand? MR. -----Original Message----- From: Hallahan, Kevin Sent: Monday, January 03, 2005 1:06 PM To: Rumpf, Michael Subject: RE: Venetian Villas-LWDD Mike, I have reviewed the required environmental report of the site (Threatened and Endangered Species Assessment, 12-15-04) prepared by Edward G. Rahrig, P.G. an environmental consultant from Solutech Environmental Consultants. The report indicates that: "there was no evidence of threatened, endangered, or species of special concern at the subject property" (page iii, paragraph 3) . I made a telephone call to Mr. Rahrig's office on Thursday, December 30, 2004 to ask him if his environmental report includes the LWDD canal water body and the LWDD right-of-way (land area). I called Mr. Rahrig'S office again today. I am waiting on his return call to answer my question. In the past on all other development projects, the LWDD agency requires all trees in their right-of-way to be removed [this requirement is printed right on the written permit] in the event of a hurricane the fallen trees do not block the water flow in the canal and cause water flooding to the surrounding neighborhoods. I think the environmental report would be the proper document to address the City position 1 on the LWDD canal wildlife question. In the past the City has had no jurisdiction or comment over the LWDD requirements or permit restrictions. In the past on other development projects, I have personally requested native trees to be left in the canal right-of way, and the LWDD has overruled my request and had the trees removed by the developer. If you need any additional information, contact me. Thanks. Kevin. -----Original Message----- From: Rumpf, Michael Sent: Thursday, December 30, 2004 9:31 AM To: Hallahan, Kevin Cc: Breese, Ed Subject: Fw: venetian Villas-LWDD Importance: High Kevin, please review and advise. Sent from my BlackBerry Wireless Handheld -----Original Message----- From: Peteryland@aol.com <Peteryland@aol.com> To: rumpfm@ci.boynton-beach.fl.us <rumpfm@ci.boynton-beach.fl.us> CC: djbaden@msn.com <djbaden@msn.com>i MainK@ci.boynton-beach.fl.us <MainK@ci.boynton- beach.fl.us> Sent: Thu Dec 30 08:51:45 2004 Subject: venetian Villas-LWDD Mike- There will be a meeting of the developer and residents before the LWDD on January 12th. LWDD wants all trees removed and and embankment installed. The residents and developer want to leave it as is sans exotics. There is a lot of wildlife, particularly birds, which use the shallow embankment and the trees to feed. * Does the City of Boynton want to be a part of the meeting? * If not, could I get a statement from you (or your staff) concerning the impact on wildlife and vegetation? Let me know what you think. On January 5th we will know at what time the hearing is to be held. Peter Ryland 2 Page 1 of 1 Rumpf, Michael From: Rumpf, Michael Sent: Tuesday, January 04, 2005 1 :51 PM To: 'Peteryland@aol.com' Cc: Hallahan, Kevin Subject: RE: Venetian Villas-LWDD Peter, Condition #44 was written knowing we have no jurisdiction over the District and their typical plan to clear and maintain canal banks within their rights-of-way. All we can do is ask. Kevin has research the environmental information for the project to find it lacking evidence of flora/fauna protected under state guidelines. However, Kevin Hallahan will attend the forthcoming meeting with the district, if his schedule allows. Let me know when a meeting date is finalized. Thank you, Mike -----Original Message----- From: Peteryland@aol.com [mailto:Peteryland@aol.com] Sent: Thursday, December 30, 20048:52 AM To: rumpfm@ci.boynton-beach.fl.us Cc: djbaden@msn.com; MainK@cLboynton-beach.fl.us Subject: Venetian Villas-LWDD Mike- There will be a meeting of the developer and residents before the L WOO on January 12th. L WOO wants all trees removed and and embankment installed. The residents and developer want to leave it as is sans exotics. There is a lot of wildlife, particularly birds, which use the shallow embankment and the trees to feed. . Does the City of Boynton want to be a part of the meeting? . If not, could I get a statement from you (or your staff) concerning the impact on wildlife and vegetation? Let me know what you think. On January 5th we will know at what time the hearing is to be held. Peter Ryland 1/4/2005 \k 1'C...-1 It ( Ut (1<:1..3 S; I, ii_A ~f, Michael From: Sent: To: Cc: Subject: Blasie,Scott Monday, November 15, 2004 3:31 PM Rumpf, Michael Main, Karen RE: Venetian Villas They're clean and green. Scott -----Original Messagenm From: Rumpf, Michael Sent: Monday, November 15,20043:14 PM To: Blasie,Scott Cc: Main, Karen Subject: Venetian Villas Scott, I have been asked to prepare a zoning varification letter for them regarding this project and site. They have also asked that we state that there are currently no known violations. This is the vacant property on Golf Road, just east of Congress (next to the ACLF). The site with the legal history (Alhambra Square Settlement). Clear record? A response at your earliest convenience is appreciated. Thanks, Mike 1 Page 1 of 1 .5v~/~<..f j;k Rumpf, Michael From: Peteryland@aol.com Sent: Friday, November 19, 200410:56 AM To: Main, Karen Cc: rumpfm@ci.boynto-beach.fl.us Subject: VENETIAN VILLAS SUBJECT: VENETIAN VILLAS PERMIT 04-4875 Karen- I reviewed the above permit application and compared them to the restrictions proposed by the contiguous property owners and agreed to by the developer and find the following differences: 1. Drawings SE1&2-The original submission showed lights mounted on 25' poles. a. Although the pole height has been reduced to 16' (before the fixture), there are two poles in the center of the development which are now 30" high before the fixture. At this height, these lights will shine over the roofs and into adjacent properties. b. The photometric plan shows .01-.07 lumens on the south side, .01-.18 lumens on the SW13th Street circle, and .014 to .03 lumens on SW13th Street. The worst is the circle. Which the developer agreed to reduce by either lowering, relocating, or shielding lights. 2. Drawings L 1,3,4 a. The live oaks in the center of the fence along the canal are 14', not 16' as installed as agreed to by the developer. b. Tree heights at the southeast comer ofthe property should be 16' as installed, not the 14' after 2-3 years of growth as shown. c. Trees on SW13th Street are not specified as 16' in height at time of installation as agreed to by the developer. d. The plans show gaps in tree installations along the canal and SW 13th Street. I assume these are due to the retention of existing trees, but are unable to check it. e. The plans do not show the planting of vegetation outside the fence along the canal. The purpose of an open fence was to allow for irrigation of these plantings, The developer agreed to the following: " .. .. Upon completion of installation of such fence (along the canal), plantings will be installed on the exterior of the fence to obstruct the view of such fence from the South." The developer also agreed that". . .. the Association will maintain the (canal) fence and plantings." 3. Filing a. I did not find copies of the court order along with the permit application, as I understand from Mike Rumpf! should. They should be included in the permit application. If you do get them, could you please fax an executed copy to me at 736-2422? Thanks! Peter Ryland 11/21/2004 ~f, Michael From: Sent: To: Cc: Subject: Greene, Quintus Friday, November 19, 20044:59 PM Rumpf, Michael Byrne, Nancy Re: Vishal Kundra Mike - Based on the interview, I would recommend that you make a job offer. Q. 1 ~..\...\,or /r-"" ./ ...... \ j: , t r-- - -) '- c,\ ~ /u /' :, // \( 'k~ .;.fry'.... /'C ';-,1 \? """",. The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org November 16, 2004 Atlantis Development, L.L.C, Mr. Rene Gutierrez 1460 Baracoa Avenue Coral Gables, Florida 33146 RE: Venetian Villas at SW 13th Street and SW 23 Avenue (Boynton Beach, FL) Site plan approval and zoning status Dear Mr. Gutierrez: Pursuant to your request, please be advised that the above-referenced project is currently zoned R-3, Multiple-family residential according to the Official Zoning Map for the City of Boynton Beach. The Land Use Designation is High Density Residential with a maximum density of 10.8 dwelling units/acre, according to the Future Land Use Map of the Comprehensive Plan for the City of Boynton Beach. This zoning district permits single-family, two-family and multi-family dwellings as permitted uses, However, the property has been restricted by a Court-ordered settlement agreement including a Declaration of Restrictions and Covenants, requiring, in part, limiting the site to the development of an ACLF. The city has supported the amendment of the restrictions to allow for the approval and development of the above-referenced project. Please also be informed that the site plan approved for this 4.7-acre site includes 50 townhouse units in 10 separate buildings, a recreation area, and related site improvements on an approximate 5-acre site. This approval was granted on February 17, 2003, and has been found in compliance with the Palm Beach County Traffic Performance Standards Ordinance, and the utility reservation fee has been paid, thereby satisfying city and county concurrency requirements, With respect to compliance of the property with city codes, there are currently no citations on record with the City's Code Compliance Office. Lastly, the City of Boynton Beach currently has no moratorium in effect that would prevent the construction of the Venetian Villas project. If you have any further questions regarding the above, please do not hesitate to contact me. Sincerely, WZ- Michael Rumpf Planning & Zoning Director S:\PlanningISHAREDlWPICORRESPlZoning Verification Letters 2004\Venetian VilIas.doc EXHIBIT "C" Conditions of Approval II Project name: Venetian Villas File number: NWSP 03-021 Reference: 2nd review plans identified as a New site Plan with an December 2,2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Public Works requests that future owners residing in the building labeled as X Building "C" (as shown on sheet AS-I) would locate their containers across the street on the east side of Building "C" on trash pickup days. PUBLIC WORKS - Traffic Comments: 2. Permits will be required from Palm Beach County for driveways proposed X onto Southwest 23rd Avenue (Golf Road). 3. The proposed shunt turnarounds do not meet minimum City standards (City X Standard Drawing P-I0). The design of the turnarounds can be addressed at the time of permitting. 4. Improve (with an acceptable surface material) that portion of the Southwest X 13th Street cul-de-sac so that it connects with the project's proposed point of emergency vehicle ingress / egress, located at the southeast comer of the subject property (Chapter 6, Article IV, Section 1.AA.). The site plan (sheet AS-I) shows that the "connected" portion of Southwest 13th Street would be approximately 18 feet in width. ENGINEERING DIVISION Comments: 5. At the time of permitting, the dimensions of the proposed parallel parking X spaces would have to comply with Engineering Drawing K-l. 6. At the time of permitting, all comments requiring changes and/or corrections X to the plans shall be reflected on all appropriate sheets. 7. All engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. COA 06/14/04 2 DEPARTMENTS INCLUDE REJECT UTILITIES Comments: 8. All utility easements shall be shown on the site plan and landscape plans (as X well as the water and sewer plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 9. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the drawings, using a minimum width of 12 feet. Wider easement widths may be required based on depth of sanitary sewer. 10. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 11. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-l6(b)). 12. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 13. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. FIRE Comments: 14. Prior to Fire Department approval of a building permit, new construction X projects must provide the results of a hydrant flow test indicating a fire flow not less than 1500 gpm @ 20 psi above domestic use. This applies to new or existing hydrants within the required 200 feet of the facility. COA 06/14/04 3 DEPARTMENTS INCLUDE REJECT 15. The Fire Department will require a Knox or key activated lock at the alternate X points of emergency access. POLICE Comments: None X BUILDING DIVISION Comments: 16. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 17. At time of permit review, submit signed and sealed working drawings of the proposed construction. 18. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation _' _ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." 19. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 20. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: . The full name of the project as it appears on the Development Order and the Commission-approved site plan; . If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans; . The number of dwelling units in each building; . The number of bedrooms in each dwelling unit; COA 06/14/04 4 DEPARTMENTS INCLUDE REJECT . The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34). 21. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: . A legal description of the land; . The full name of the project as it appears on the Development Order and the Commission-approved site plan; . If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans; . The number of dwelling units in each building; . The total amount being paid; (CBBCO, Chapter 1, Article V, Section 3(f)). 22. Light poles shall be designed to withstand 140 mph wind loads per 2001 X FBC, Section 1606. 23. Site lighting shall comply with CBBCO, Chapter 23, Article II (A)(1)(a). A X minimum average light level of one-foot candle shall be provided, with no more than 10 percent of the spot readings below one-foot candle and none below one-half foot candle. PARKS AND RECREATION Comments: 24. Recreation Facilities Impact Fee: X . 50 single Family attached Units X $770 ea = $38,500; . Fee is due at the time of the first applicable building permit. FORESTER/ENVIRONMENTALIST Comments: 25. The Landscape Architect should review the tabular mitigation for the 408- X caliper inches of existing trees proposed to be removed and show all 408- caliper inches of replacement trees as Quercus virginiana, and / or Swetenia mahogany. These replacement trees should be of the height, canopy spread and caliper to visually buffer the proposed structures between the top of beam and top of ridge building heights. These replacement trees should be located along the South and East property areas and shown by a separate symbol on COA 06/14/04 5 DEPARTMENTS the landscape plan. The replacement trees should be placed along the outside perimeter of the buildings to visually screen the structures from the surroundin residential nei hborhoods. INCLUDE REJECT 26. The Tree & Palm Planting Detail should include a line on the drawing X indicating where the: . diameter at breast height (4.5 feet off ground) of the trees are to be measured for a minimum of three (3) inches caliper at time of planting; . overall height of the tree or palm is to be measured at time of planting; . clear trunk, clear wood, gray wood or trunk is to be measured at time of lantin . 27. The applicant should show an elevation cross-section detail indicating how X the height of the proposed landscape material will visually buffer the proposed driveway areas from the Golf Road and S.W. 13th Street rights-of- way. PLANNING AND ZONING Comments: 28. The project must obtain approval from the School District of Palm Beach X - County regarding school concurrency prior to the issuance of a building permit. It would be preferable to have this approval prior to the Planning & Develo ment Board meetin December 18, 2003 . 29. The site plan should indicate the FLU and the Official zoning districtsJor the X abuttin ro erties. -- 30. Place a note on the site plan: fencing, s en closures would require a major site plan. future when ro' ect is built out. No provisions for outdoor patios, interior l' - of enclos Any future request This note will help to avoid confusion in the X 31. On the landscape plan, ensure that the plant quantities match between the X tabular data and the a hic illustration. ~ 32. An extra row of colorfulJQw-growing gmwldcover 'Yould be required within X the north and east landscape buffers (on the street side of the Cocoplum hedges) in order to comply with Chapter 7.5, Article II, Section 5.D of the Land Develo ment Re lations. 33. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF:, Buildi hei II exce two 2 stories. The plans comply and therefore, staff has no recommendation. Plans nrustremain consistent with agreement or amend agreement as necessary. The site plan (sheet AS-I) must be corrected to indicate that two (2) stories and 26 feet - five (5) inches are ro osed rather than three (3) stories / 29 COA 06/14/04 6 DEPARTMENTS feet. 34. The Stipulation and Settlement Agreement requires that the Alhambra Square South and Alhambra Square ACLF: Roof pitch not steeper than 4:12. The plans comply and therefore, staff ha~ndation. Plans must remain consistent with a eement or amend a eement as necessa . 35. The Stipulation and Settlement Agreement requires that the Alhambra Square South and Alhambra Square ACLF: All dumpsters to be located away from adjacent residential areas, and at least one lmndred feet from the south property line of the Alhambra Square South and Alhambra Square ACLF Parcels. The plans comply since no dumpster enclosure is proposed and therefore, staff has no recommendation. Plans must remain consistent with a eement or amend a eement as necessa . 36. The Stipulation and Settlement Agreement requires that the Alhambra Square South and Alhambra Square ACLF: Use of the property shall be limited to an Adult Congregate Living Facili~ e proposed use violates this stipulation. Sta re en 109 Agreement so that there is no violation. The Agreement must be amended to allow the proposed unit (townhouse) types. If not amended, the lans must be modified to com 1 with the sti ulation. 37. The Stipulation and Settlement Agreement requires that the Alhambra Square South and Alhambra Square ACLF: A combination of landscaping and wall (the "Wall") shall be constructed on the south property line of the Alhambra ~nd Alhambra Square ACLF parcels. Theplan and design of the Wall shall be coordinated with and approved by the governing Associations of the adjacent residential property. Approval of the Wall shall not be unreasonably withheld by the governing associations, the Wall shall be constructed at no cost or expense to the governing associations. The lack of the wall along the south property line violates this stipulation. Staff recommends a combination of wall / landscaping similar to the Homewood Residence to be placed along the southern property line of the subject ro e . This would re uire amendin the A eement. 38. The Stipulation and Settlement Agreement requires that the Alhambra Square South and Alhambra Square ACLF: 'parkin...g lot l~ing~hall be shaded and shielded so as to not shine directly into adjacent resi entIal areas; parking lot lighting shall not be illuminated after 11 :00 p.rn.; parking lot lighting poles shall be at the minimum height permitted or allowable by BOYNTON BEACH. A note on the plans indicates that the lights would comply with Chapter 23, Article II.A.l of the Land Development Regulations, meaning that they will remain illuminated until 2:00 a.m. Therefore, the plans are in violation of this stipulation. Staff recommends amending the Agreement so that there is no violation, however, if restrictions are placed on project lighting, the lighting should not be below the typical lighting levels of public streets. INCLUDE REJECT x x x x x COA 06/14/04 7 DEPARTMENTS INCLUDE REJECT 39. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: At such time as building plans are presented to BOYNTON BEACH for permit, copies of the Wall plan and site plan shall be submitted to the governing associations. Staffhas no opinion on this requirement. 40. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: No parking spaces or improvements except landscaping shall be constructed or installed in the Lake Worth Drainage District "right-of-way" south of the Alhambra Square South and Alhambra Square ACLF parcels. The plans comply and therefore, staff has no recommendation. 41. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: Deceleration entry lanes shall be provided at each entrance if deemed necessary by BOYNTON BEACH. The plans comply and therefore, staff has no recommendation. 42. Due to the limited amount of dedicated recreation / open space, staff X recommends incorporating a meandering trail into the design of the southern landscape buffer. 43. Staff recommends varying the heights of the proposed Live Oak and Sweet X Mahogany trees proposed within the east landscape buffer (between 12 feet and 16 feet). 44. If possible, City staff respectfully requests the applicant petition the L WDD X .12 clrecl~ the right-of-way adjacent to the subject property, to the minimal extent possible (to the satisfaction of the District) so as to not impact the flora and fauna that may be found in the L WDD right-of-way. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 45. To allow the applicant and staff to work together (prior to the City X Commission meeting) to re-examine conditions #24 and #25 for completeness and accuracy. If the conditions are in fact correct as it relates to the proposed site plan, the applicant agrees to the conditions. 46. Regarding condition of approval #37: In lieu of a buffer wall, the developer X will provide adequate landscaping (shrubs) along the southern property line adjacent to the L WDD canal, in order to provide screening and security. The omission of a buffer wall would require amending the Stipulation and Settlement Agreement. ADDITIONAL CITY COMMISSION COMMENTS: COA 06/14/04 8 DEPARTMENTS INCLUDE REJECT Comments: 47. Replace condition #46 with requirement that the proposed wall at the X southern border be 6 feet in height or consistent with the amended settlement agreement. 48. Replace condition #38 with requirement that lighting fixtures be reduced in X height (where visible from 13th Street or consistent with the amended settlement agreement. 49. Approval is subject to final approval by neighborhood associations and the X courts. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Venetian VillaS\COA.dOC\-. k \n~ \~{\ ~, (1 , l .kPr ~J ~v\~ %~ f' \.;~,00 ,~J~ L;J/ C,y'7;,f''' .o-/;~"'- - Pl~Y' 0-1 I ~ ~ ~,O. ~ ~)- ) iF [iY ~ ~ :> ~ ",ff',9- -{'lJ\J ~ ~v La' ~ ~ ~ ~.{ d X~..tJ- if ~4? '7/ ~ .74 { J.rb cc.. \ ' J' (/C/ ty' ~ ,~J ~'- ~ lt~ '\. q.I f/ ~ 1. L(~ ,.(eV' / . ~ '6 . ~p ~') c\.. ..t~ , , o ~ "\ f\ ,I' . ~ {(!~~ ~~ 5P<./ j'~~ 7.E.3 VENETIAN VILLAS (NWSP 03-021) NEW SITE PLAN DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-295 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP Planner cr DATE: December 11, 2003 PROJECT NAME/NO: Venetian Villas / NWSP 03-021 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: RSPB, LLC Applicant: Venetian Villas, LLC in care of Mr. Michael Hoeflinger Agent: Mr. Michael Hoeflinger with Atlantis Development Corporation Location: South side of Southwest 23rd Avenue (Golf Road), west of Southwest 13th Street, approximately 600 feet east of Congress Avenue (see Exhibit "A" - Location Map) Existing Land Use/Zoning: High Density Residential (HDR) / Multi-family Residential (R-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 50 fee-simple townhouse units at 10.64 du / acre Acreage: 4.699 acres (200,376 square feet) Adjacent Uses: North: Right-of-way for Southwest 23rd Avenue (Golf Road), then developed single-family residential homes (Leisureville) with a Moderate Density Residential (MDR) land use designation, zoned Single-family Residential (R1-AA) and developed as a Planned Unit Development; South: Right-of-way for the Lake Worth Drainage District L-27 Canal, also known as the Staff Report - Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 2 Lazy Lake Waterway, then farther south are single-family residential homes with a Low Density Residential (LDR) land use designation, zoned Single-family Residential (R1-AA); East: Right-of-way for Southwest 13th Street, then farther east are developed single- family homes with a Low Density Residential (LDR) land use designation, zoned Single-family Residential (R1-AA); and West: Developed residential (Homewood Residence) with a High Density Residential (HDR) land use designation, zoned Multi-family Residential (R-3), then farther west is the right-of-way for Congress Avenue. BACKGROUND Proposal: Mr. Michael Hoeflinger proposes to construct 50 fee-simple townhomes on a 4.699- acre parcel in the R-3 zoning district. The project would be a gated community. The subject site is a portion of properties located on both the northeast and southeast corners of Southwest 23rd Avenue (Golf Road) and Congress Avenue. These properties (known as Alhambra Square South and Alhambra Square ACLF) were the subject of a 1989 "Stipulation and Settlement Agreement" (see Exhibit "D"). This Agreement was forged between the property owners and the City of Boynton Beach. While the Agreement allowed the property owner to rezone to the R-3 zoning district in order to allow for a higher density, it restricted the use of the property to an Adult Congregate Living Facility (ACLF) with at most, 248 beds. In September of 2002, Mr. Bob Bentz of Land Design South submitted a request to rezone the property from R-3 to Planned Unit Development (PUD) in order to construct 66 townhouse units. In August of 2000, a Joint Motion and Agreed Order was authorized by the Court that allowed the review of an alternative development plan. If supported by the Planning & Development Board, the Court could be petitioned to amend the Agreement. The Board unanimously denied the request for site plan approval. Unable to review the plan, the City Commission on February 18, 2003, moved to request another court order to allow the Commission to review the proposed project. The desired court order was granted. Any new or substantial change to the existing application would need full review by staff, the Planning & Development Board, and the City Commission. This project is not a request to rezone to PUD and is a site plan only, wholly separate from the previous applicant. If this site plan were approved as proposed (with townhouses), the settlement agreement would have to be amended accordingly to lift the use restriction of the property to that of only an ACLF (see Exhibit "c" - Conditions of Approval). Additionally, the Agreement also currently governs building height, roof pitch, parking lot lighting, dumpster placement, use of the LWDD Canal right-of-way, buffering, and landscaping. Staff reviewed the proposed site plan to ensure compliance with the design gUidelines of the Agreement (see Exhibit "c" - Conditions of Approval). Aside from the Agreement, townhouses are permitted uses in the R-3 zoning district. All proposed development would occur in one (1) phase. Staff Report - Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 3 Site Characteristic: As previously mentioned, the subject property is a rectangular-shaped lot located on the south side of Southwest 23rd Avenue, east of Congress Avenue. According to the previous site plan staff report for Hampton Court (NWSP 02-023), the January 14, 2003 Environmental Assessment (submitted with Mr. Bentz request) indicated that the majority of the subject parcel had been previously cleared. The Assessment reports that the vegetation remaining on the parcel consists of a scattered slash pines and exotic trees and shrubs. The open areas on the site are comprised of disturbed open field over-grown with native and non-native weedy herbaceous plants. No endangered, threatened, or species of special concern as listed by the US Fish and Wildlife Service (USFWS) and Florida Fish Wildlife Conservation Commission (FFWCC) were observed on the project site. No unique or endangered habitat, migratory bird rookeries, wading bird habitat or colonial bird nesting / roosting areas are located on the subject site. Evidence of Osprey utilizing Australian and Slash pine trees as feeding perches was observed. However, the Osprey is not listed as a species of special concern in the State of Florida, except for in Monroe County. Also, no wetlands or other surface waters are located on this parcel. The survey shows that an asphalt path runs within the interior of the site starting at the terminus of the Southwest 13th Street right-of- way. The survey also shows that an abandoned 10-foot wide utility easement was located near the center of the property. ANALYSIS Concurrency: Traffic: A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards of Palm Beach County. The anticipated build-out year is 2005. Drainage: Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. The on-site drainage system shall be accomplished via a combination of green swales, exfiltration trenches, and dry retention. The drainage design shall conform to the requirements of the City of Boynton Beach, South Florida Water Management District, and the Lake Worth Drainage District (LWDD). The paving, grading, and drainage plan shows an outfall into the LWDD canal. This point of outfall will require permits from the LWDD. According to the LWDD, when improving a piece of property that abuts an LWDD right-of-way, the developer is typically required to dredge or improve that portion of the right-of-way (canal) that directly abuts said property in case of an emergency (i.e. hurricane). If possible, City staff respectfully requests the applicant petition the LWDD to dredge the right-of-way adjacent to the subject property, to the minimal extent possible (to the satisfaction of the District) so as to not impact the flora and fauna that may be found in the LWDD right-of-way and providing additional buffer to adjacent single family residential (see Exhibit "Cu - Conditions of Approval). Staff Report - Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 4 School: Driveways: The School District of Palm Beach County is currently reviewing the project for school concurrency purposes. As of today's date, no determination has been received from the District. Therefore, no building permits shall be issued unit the District approves the project (see Exhibit "C" - Conditions of Approval). The site plan (sheet AS-1) shows that the development's main driveway is proposed on Southwest 23rd Avenue (Golf Road). This point of access would allow for both vehicular and pedestrian ingress / egress. It would be a gated entry. Two (2) vehicular ingress lanes and one (1) vehicular egress lane is proposed at this driveway opening. A vehicle turn-around area would be provided as well. The Engineering Division of Public Works reviewed the vehicle turn-around area and determined that the queuing area would be adequate. A subordinate driveway opening is also proposed on Southwest 23rd Avenue, just west of the proposed main entry drive. This driveway would only allow for vehicular egress and for pedestrian ingress / egress. Similarly, it would also be gated. One emergency point of access is proposed at the southeast corner of the property, near the terminus of Southwest 13th Street. This entrance / exit would be only be used for emergency vehicles if all other points of access were obstructed. It would remain as a fenced portion of the property but equipped with a Knox Box so that in case of emergency, vehicles could enter or exit the site without complication. Staff recommends improving the unimproved portion of Southwest 13th Street so that it would connect to the project's proposed point of emergency ingress / egress (see Exhibit "C" - Conditions of Approval). Parking Facility: Two and three bedroom townhouse units would require two (2) parking spaces for each unit. The recreation area would require five (5) parking spaces. Based on the above-referenced methodologies, 105 parking spaces would be required for the proposed project. The site plan (sheet AS-1) shows that 115 parking spaces or an excess of 10 spaces would be provided. The project proposes several types of models, namely Unit "A" through Unit "D". Each type of unit would have two-car garages, except for Unit "A", which would have a one-car garage. The driveways in front of Unit "A" however, would be large enough to accommodate one (1) parked vehicle. Therefore, each unit would be able to comply with their off-street parking requirement regardless of the on-street parking that would be provided. The site plan (sheet AS-1) shows several parallel and gO-degree parking stalls. The detail of the parking spaces (as shown on sheet AS-1) indicates that the gO-degree parking stalls would be dimensioned 10 feet in width by 20 feet in length. The gO-degree handicap space would be 12 feet in width with five (5) feet of striping by 20 feet in length. The dimensions of the proposed parallel parking spaces would have to comply with Engineering Drawing K-1 (see Exhibit "C" - Conditions of Approval). The parking lot lighting is shown on the photometric plan (sheet ES-1). The proposed outdoor freestanding lighting structures would be 25 feet in height and made of a concrete pole. The proposed lighting levels near the perimeter of the property would be minimal because the lighting poles would be located internal to parcel, away from the abutting residential properties. This would comply with the lighting pole location restriction of the Agreement. However, a note on the plans Staff Report - Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 5 Landscaping: indicates that the lights would comply with Chapter 23, Article II.A.1 of the Land Development Regulations, meaning that they will remain illuminated until 2:00 a.m. Therefore, the plans are in violation of this stipulation. Staff recommends the Agreement be amended to allow for code required lighting, illuminating the project similar to lighting levels on public streets (see Exhibit "C" - Conditions of Approval). The proposed pervious area of the parcel equals 1.645 acres or 35% of the total site. The Planting Data Table (sheet L-2) indicates that 56% of the shade / palm trees would be native. Over 67% of the shrubs and accents would be native. Finally, 80% of the groundcover plant material would be native. The Table indicates that the plan would provide a total of 121 shade and palm trees, 1,837 shrubs and accents, and 485 groundcover plants. The width of the north (front) landscape buffer along Southwest 23rd Avenue (Golf Road) varies but would be at minimum, 15 feet in width and contain Brazalian Beauty Leaf, Simpson's Stopper and Purple Glory trees with a row of Redtip Cocoplum hedges installed at the base. An extra row of colorful low-growing groundcover would be required on the north side of the proposed row of Redtip Cocoplum hedges in order to comply with Chapter 7.5, Article II, Section 5.D of the Land Development Regulations (see Exhibit "C" - Conditions of Approval). The west (side) landscape buffer width would vary but be at least 20 feet wide and contain 11 Gumbo Limbo shade trees. A row of Fakahatchee grass is also proposed along the perimeter of the western property line. The width of the south (rear) landscape buffer (adjacent to the Canal) varies but would be at minimum, 40 feet in width and contain a mixture of Live Oak and Sweet Mahogany trees with a row of Fakahatchee Grass installed along the southern perimeter. The trees within this buffer would be installed at varying heights (12 feet, 14 feet, and 16 feet). The developer wants to ensure that the views of the townhouse project would be screened at the upper (2nd story) levels so as to not impact the single-family neighborhood across the canal. However, on the subject property, direct visual access of the canal would be maintained at ground level just above the height of the Fakahatchee Grass. According to the developer, these units would be sold at a premium rate because of the "waterfront" characteristic. The Court Agreement also stipulates that "no parking spaces or improvements except landscaping shall be constructed or installed in the Lake Worth Drainage District "right-of-way" south of the Alhambra Square South and Alhambra Square ACLF parcels". The proposed plans comply with the Agreement. The width of the east (side) landscape buffer adjacent to Southwest 13th Street varies but would be at minimum, nine (9) feet wide. Similarly, this buffer would contain Live Oak and Sweet Mahogany trees and a row Redtip Cocoplum hedges installed along the base. An extra row of low-growing groundcover plants would be required along the street side of the Redtip Cocoplum hedges. Within this buffer and similar to the southern buffer, staff recommends varying the heights of the proposed Live Oak and Sweet Mahogany trees between 12 feet and 16 feet (see Exhibit "C" - Conditions of Approval). The Landscape Elevations (as shown on Staff Report - Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 6 Sheet L-3) depict how the proposed landscape material would screen and soften the proposed development as viewed from the public rights-of-way. Buildings and Site: The proposed buildings and site design would generally meet code requirements when staff comments are incorporated into the permit drawings. According to the site plan (sheet AS-1), a six (6) foot high green aluminum picket fence would surround the entire property, except for along the southern property line adjacent to the LWDD canal. The fence is shown on the "Entry Gates Elevation" on sheet A- F-l. No other fence, except the require one around the pool area, are proposed now or in the future. No "buffer wall", as required by the Agreement, is proposed along the south property line. The omission of the wall along the south property line violates this stipulation. Staff recommends a combination of wall / landscaping similar to the Homewood Residence be placed along the southern property line of the subject property (see Exhibit "C" - Conditions of Approval). This would require amending the Agreement. To avoid future confusion, staff is requesting the architect place a note on the site plan indicating that no provisions are made for future outdoor patios, internal fences, screen-roof, or solid-roof enclosures other than what is shown on the plan (see Exhibit "C" - Conditions of Approval). This note would be separate and apart from the limitations imposed by the Agreement. The 50 dwelling units are proposed within 10 separate buildings (Buildings "A" through "J") on the 4.699-acre site. The proposed density is 10.64 units per acre, which would comply with the maximum allowed density of 10.8 dwelling units per acre of the High Density Residential (HDR) future land use designation. However, as previously mentioned, the Agreement would have to be amended to allow for a use other than an ACLF (or detached single family homes). All buildings combined would account for 29.15% lot coverage and are proposed as two (2) story structures. This would comply with the Agreement's limitation on the maximum number of stories. It would also comply with the maximum number of stories allowed in the R-3 zoning district. The tallest building would be 26 feet - five (5) inches in height. This needs to be itemized on the site plan tabular data (see Exhibit "C" - Conditions of Approval). The units would have either two (2) or three (3) bedrooms. The overall living area (from 1,560 square feet to 2,059 square feet) would vary between each unit type. The townhouse buildings would be setback as follows: 40 feet from Southwest 23rd Avenue (Golf Road); 20 feet from the west (side) property line; 20 feet from the east (side) property line along Southwest 13th Street; and 40 feet from the south (rear) property line along the LWDD Lazy Lake Canal. The project complies with the setback requirements of the R-3 zoning district. All buildings would be separated from each other by at least 13 feet. No dumpster enclosure is proposed. The developer proposed rollout container service for each unit. The Public Works Department has reviewed the plans and determined that rollout containers would work for the community. However, Public Works requests that future owners residing in the building labeled as Building "C" (as shown on sheet AS-1) locate their containers across the street on the east side of Building "C" on trash pickup days due to their "right side pickup" equipment. Staff assumes that the rollout containers would be stored inside the garages during Staff Report - Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 7 non-trash pickup days. The rollout containers would meet the intent of the dumpster enclosure restriction of the Agreement. One (1) mail kiosk is proposed west of the building labeled as Building "E". This mail kiosk would serve the entire community. A handicap parking space would be provided near the mail kiosk. The project proposes a pool and cabana for its recreation area. To supplement the limited recreation and accessible green space proposed for the project, staff recommends incorporating a meandering pedestrian trail into the design of the southern landscape buffer, which would link to the internal walkway system (see Exhibit "C" - Conditions of Approval). The Fire Department and the Engineering Division of Public Works reviewed the entire site and determined the vehicular circulation and location of fire hydrants would be adequate. However, it should be noted that the "T" turn-around areas (also known as the Hammerhead), as proposed, would be insufficient for emergency and service vehicles. The "T" portion of the turn-around areas would have to be increased in length to comply with National Fire Protection Association (NFPA) standards. According to the Engineering Division, only minor changes are required in order to comply with NFPA standards. Nonetheless, the applicant will be required to submit a rectified set of plans that comply with NFPA standards prior to the issuance of any building permits (see Exhibit "C" - Conditions of Approval). Desig n: The proposed project would be described as a "new urbanism" type of development. As previously mentioned, the buildings would be two (2) stories tall. The slope of the roof would be four and one-half (4 V2) to 12, which would comply with the Agreement. The proposed buildings would primarily be comprised of earth tone colors. The building colors for Unit Type "A" and "D" are itemized as the following Benjamin Moore paints: Nugget (AC-9) and Yosemite Sand (AC-4). The columns, railings, and stucco bands would be painted off-white (Glacier White AC- 40) while the accent stucco at porches and balconies would be dark brown (Arroyo Red 2085-10). The front entry and garage doors would be dark green (Cushing Green HC-125). This would be the same color of the perimeter fencing. The building colors for Unit Type "B" and "C" are itemized as the following Benjamin Moore paints: Summerdale Gold (HC-17), Waterbury Cream (HC-31), and Windham Cream (HC-6). The columns, railings, and stucco bands would be painted white (Brilliant White) while the accent stucco at porches and balconies would be dark brown. Again, the front entry and garage doors would be the same (Cushing Green HC-125). All roofs would be made of S-tiles. The color palette for the pool cabana is different than from the townhomes. The roof would be standing seam metal and the building would be painted light pink (Benjamin Moore Light Mocha 29096-60). The stucco bands would be off-white (Glacier White AC-40). Signage: The elevations show that no building wall signs are proposed. An "entry wall" sign is proposed on each side of the project's main entrance. According to the Signage Wall Elevation (sheet A-F-1), the brass sign letters would read "Venetian Villas". The sign would be almost 32 square feet in area, which would comply with Chapter 21, Article IV, Section 1.D of the Land Development Regulations. Staff Report - Venetian Villas (NWSP 03-021) Memorandum No PZ 03-295 Page 8 RECOMMENDATION: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon successfully satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Venetian Villas\Staff Report.doc 0: r ~ e _r IJ 1J ~ :::< plJ!' - \; .\ --- A - - f-- - -"l - -~ - '-- /-- ------i _ - L-\~ LII Location Map VENETIAN VILLAS EXHIBIT "A" l!2 f I "'lA.L. A ,.. I SITE Gf ~/ I - I LvvDDL-27CANAI \ 1 l~ \ \ + I .L. L lJ... I I ~ r- ~,----., f.----- "" /' 1--1- LL - :2. ^ IA ~ ...... t-- f--I- \-I---j - ~~.~--' \\ --- r- '----f---- I I I Jti II -L - Y j \\\ ___ ~ '- \ \ \ :J~\' -- - .~ NFl; FUll I IV ~ I f-//Q \ TL ~ ~ (/ 11/1. {l~ {:/;DTrTrrrl-r \, \, \ l/~ U N /; R3 -- .~, s ~~8cD ():t> -6-6~~ <;0 ~~ ~ ~ < ~ ~~6;~ ~ =1 9"l'u,~:Po )C"'" m :e~0~ -00 ~~~~ ~I~ ';; -l >: ~ Z z , ~l~ i I "TIIJ:S;:--" .l>I -"'. 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LANDSCAPE ARCHITECTURE LC 000393 VENETIAN VILLAS SW 23rd Ave. (GOLF ROAD) BOYNTON BEACH,E~_ ~\'~ ~ '--ATLANTIS DEVELOPMENT LLC ;~', ; 51 SW 11th Street ~ Miami, FI , 33130 ..... II! . ; S_"'C','1';\ "0; ~"=~GlIpe D_'o/ I,. 98'.:0" ::>_'0/ I"A... .~~. ....; M)<j jsoca1ih@beUsouthn.t r )> z c en (") )> ""0 m m r m < )> -i o Z " \ (,l, ,~ g Z I~~/ }t/ m r m < > -I (5 Z , en :E N eN .... a. > < CD ;:] c: CD G5 o r "T1 :;0 o > .9 i' a~Cb.\" '--~-b 0 ~a~ "'09'8' ~ 0 ~o~' , ;'~g'k R~2p CO q; -:iCL'~ . . . ~: Q eJ :, ." ~2,9 .0'5'~ ..' ~t:lca> ~~ 0_ 0"" c\::>'"W ~' '" o~~ 'if,' '" . ~.I'~ ' ~ 'i : .2 ~ \ I: ~ ~ ! ! ~ R f.; ~ ' , Ill' I~ . p ~ R I; ~ t ~:. l- r Ii I v r I m ~~~ ~~~ ~~~ ~~ G o tzn JlU l~~ ~~ ~~~ &~ i~~ " t.f,1.~,' ~2 In ~' ~ EXHIBIT "B" ::~' '6~2> cP Jf g:' fig> 0 1;0," ." Q~., ~.'." '~ O,p,(b ,c .. 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I~__~OYNTON BEACH, FL __..~ S !i~ : 'I ATLANTIS DEVELOPMENT LLC I:~"~""=;:": "" ., 51 SW 11th Street ~ , Miami, Fl., 33130 ...... eN :T !a .... CD CD .... I n ~i ~~ &~ ~! ~~ ~ JFS Design Inc. LANDSCAPE ARCHITECTURE LC 000393 I I"'>' i......<:\6<::.""" D....<?'" '"'9"l;.:.<- e:;'_'gr jSOUlsh@bellsOl..lth.net GO io ':0 r"Tl ::-0 ilS;: :iz :\ ~ r." }>r -<0 00 c;o :~ ;2 }> }> I ;0 Z ' mQo Om Or zm 0< m}> -u::! "0 j;z r )> ~ , ~' :) ~ "'f) f~ r--LlTJ ~ 1 L':lpl_ j. I '""f""':INt ~-, ~ ~ I j I . ..J:1 J I W,,~ ~l:~ :;;iIo ~:;~ ~o ." ijr ::0 ilO :';:0 "-u s;: z (j) ;!6 1m I ,m ~r 11m ,:;; ,-I ~;o ~;:z ~~ :I-u ~~ iiJJ I,m Ii)> :;:0 I'm ~!;i~ :;;11< ~I;~ ~Ii~ : [- , -----'l~- ~i == il'~:i~~_ Ii .-i._J .+;-~t .. i= = - ~ "'~~ ~ .. ~1~ 0 ~; :~ I~ ~ ~ 'm m 3 I~ I~ 0 I~ ,. " " < ~ ,t -~~ '" .c,.~ ~ .,10 ~, ~ ; il ,~!~ ~ Q 0 " m ~ -I zz OJ " 0 0 0 c 0 " c -< 00 c z z " -u ~ ,0 0 " ;() Z cro ,r " c " m zc 0 JJ 0 ;;)5 ~ 0 ~~ Z -; ." G) m 0 ~ ;~ " (") -I -; 0 ~ -< m Z 0 ~ lJ (j) m -I " ~ ;:0 c 0 :::! 0 Z VENETIAN VILLAS BOYNTON BEACH - FLORIDA EXHIBIT "B" r=Q""'jl~ : L:$.t H .~ r~'-~ rl" " '4~' .' rtt! (" ,~ ~ _l''1IJ "., ~i:G) ~I;:O "10 ~'C ::z ":0 .." Ir- :0 o ';:0 'lJ is;: 'z !!l'm :." :';:0 10 'Z '-I ,m " :Im '< ,)> :::! o :z ~~~ ." ~1Q ~ '~ " o i5 .. -\ ~':~ ,; '9 ~!~ ~ ~ g: '~ ,> " ~ ,~ o " e 15 ~ ()) <D ~:C/) ~Iio ~Im :llm ~Ir;:; < '}> 116 HZ .~ ',-0 f'.-- r "T1 )>r -<0 00 C;JJ -j" Wr )>)> ;JJZ mQ<> Om Or zm 0< m)> ,,-j -jO j;z r p ~ w " I i o > > " > :g ~ I I :_lr ,-, i.1 I' 11 ,t! 1. 11 ----',--- ~ " o ~ o o ~ " n z o o c z " o " " , ~ ~ 8~ z " ~ B a ~ C I Z > o " o ~ S::;! C-o '6m ;00 8" mo <:lo mz O(f) --1 ;;0 C o --1 <5 z o z ~ > OJ C r o z GJ --1 -<, -0 m ~:;~ ~i)> ,,";;0 ~;;m 0:1 'I,m Ii:;; H <5 Iz -= ~=I n.c 4..:..; ~w :'E~ -I~fm ~~-'-r- = l~l' 1"- -Tl .: 1=, j:l~ I ==li~1JI.; 1 . mil-] != j! I: i i= i-=1 i_.:. "~l~~ . i_I ".,.. ".1,- IL - .:'>~ . 0 2~ I t , ~ .\ ",~ I~ ;'o~ 0 :.: ~ 0 :~ :~ 0 ,v. m ~ n 0 0 .~ z 0 o " o C z o ~ VENETIAN VILLAS BOYNTON BEACH - FLORIDA EXHIBIT "B" ~'." ~::::o m,O .z :,--1 ~pm lir;:; .< }> "--1 <5 z I" '~I ;., ~H~ ~n ""rr~, '.11, ..i_......"i"~' ~,' ~ jiiiiiiil!~~ii j ,';' I -' '" '. ~":.~,',!~ _'1'<"'"" .~il '-~ 1111II: ,Jlillj~l; ~. ...-..n}M.n... ",.n ..b. -.' I '> 1'-=-=_: ~4j ~..J i :'4 1 L__.. , ~ '_' =-: j' I, 1- I ';! ..L. r ., ~ .. ., ~'~ :" ,~ ~' !o c . 6 :;"~ Q -,0 IQ :~ ;-iJ 0 0 i~ " m '~ ~ iQ " 0 0 ~ ~. " 0> " " ;; ill z EXHIBIT "B" -, I i I i I ~::::U F=',~m m:l)> [,j:i:::O ~!Im <;;,'1 "m < ',)> '1-1 o ,Z '! ~~, :.1;~, iTIh :l~ !_ i I~I' !!!!!!Ij 'it$ml,' :1 liliE --'II .,im~~ :-'1 ~ !_~il , I '~] '111 " .' I ,I_I i.1 '--I I ~!!] m'IO ~:z ",-i b!im ':;r 'm '< )> -i o Z I '\ { ~~6 , ;, /r" .., >" .., ~ ""-l ~ I~ ~' 16 ~ :~ ~ .;:: :!~ .. 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FLORIDA 0 0 '@ 0 , 0 " 0 0 0 Q ~ c 0 ;iii a ,,:~ 0 ~ ;.,., , z ~ ,~ ,~ el '0 ~ "0 ~ ~ ~ ~~ 'Jl;"'Tl ~::o m,O ~.z "-1 ;lm r- ,m < )> -1 o Z ~ 0:> <0 I r:.,., )>r -<0 00 C;U --j" g:'~ ;UZ m"" Om Or z:m 0:;; q):j ,--j,O ,~.z r "~" "0< o " ~~~ . ~ ~ ~ 0 : ~ ~ ~ o )> .'; <' ~ ~J 'OJ ,<; r g Z GJ ,--j ,-< '"U m <: '~d ::Q ,~ i~ ~ ~:828::;~ ~~ ~~ ~ \J 0"" c~"'U m ~w, ~~ ;0;0 o~ zi= ~ ." ~~ ~~ ~ () "'Xl r -i 0 ~~ c=;~ m Z ~~ H o~ ~~ ~~ ~ '~o ~~ ~ ~~" ~ ~!;~ ::i:)> ~!:JJ ~:Im ~r~ ,< I)> ,'--l 16 'z ;1:1 ;.1 I,', > I I ,I i VENETIAN VILLAS BOYNTON BEACH - FLORIDA ,'J '\ -1' ~j: cC\J , 1 _i ",~-"H'" __i ~~.;i~MATCHlINt --F -: -~~ I~",..";rm",; 1111 B . .., I '~ !I H II ' , 1.1 _mC~ ,=. i=1 '=: == , -: 'i.ri!!-Il.m =,!I~llc', '=1,1. " !Lm_~ i '~--i ~ 1=1 ,.1 -i -' _1 __,.1 __u, -1 1".',.",,-' , "-I I~I Ii ' II i I- ,I H ~~: ~ ;; ':i~ "';:; ~ :~ > '. I~ ~ " c 0 0 0 'Q 0 ~ . 'm '0 '0 0 :.,!~ ~' ig "iiTi " '0 ~ !:; :~:~ 0 'i 0 ~ ~> ~- , 11-- --',' ~ 1=, "~h, ':. ,.1 ~~m,' '~,:+,':" :., I""'i 11~ i, ,1 - ~~ Ii ~ i=1 II ]=j II.. " ~ le! "- - *- --r =Iit ~I_i -~ ! ~",1111,1 "11II11 ,-Jill " ,,~.j I~ 1= ;= ,'I=I! '.' MATCH LINE == I ;u m I)> i;u ~m .r m '< )> --j 6 'z EXHIBIT "B" " " '" ;; Q:) <D ~i:~ :!:~ ~im ~::r <'<I,m i< i~ '!~ i:! 1'"1) '- ,= III I ".? 1 .... .... o~b .... rib :,.':3 ~ i~ ii~ :I'U :''U ~ IQ ~ !Q ,~ I~ Q :~ ~ 0 0 i~ 0 c z Ii ~ ,0 < '0 ~ :=:j ~ ~..l., ~\ ;;;;~ "J'''h I~} '''17 ~H,~v 1-1::-- .....,.1 W V :~ ',p -I' -=J r" S -j ro :pr -< -<0 e C z "1) 00 -0 m r e;;u ;;u 0 0 ~;;:g 0 4 Tl Z :p,)> m 0 Gl 0 ;U'Z 4 0 ~ mil" m Z O,m 0 UJ "1) Or -j m z'm J) < 0< C m:P 0 -u-l 40 -l ~z 0 r Z )> ! ~ Is - , I v.> ,J) i'~ "J) "m !r !~ .~ o z _I i~ :- :-:, II, ; n.,__.J I i.1 , ~ I i =1 i 1,='----: i ' I~-.; :. 1-- 1 - -' . ~, .....1 .""i' , , '--.! . !. 1= :.- - 1_, 1"- .. ,- o ~ ~ .\ "~ \ ij , 0 u 0 " !~ , ~ ~ " m 0 z " " 0 0 '" ."~ o '. VENETIAN VILLAS BOYNTON BEACH - FLORIDA EXHIBIT "B" ~:T1 f:-I::::O m,o .,:Z ",-I ~i'm ';ir !:m '.:;:; '-j '0 Z ..~ ,." "" "~ ~ " 0 ~ ,- 'c " 0 '0 ~ ~ i:Jl n u '- 'c Z z n " 0 u c ~ ro <D EXHIBIT "C" Conditions of Approval Project name: Venetian Villas File number: NWSP 03-021 Reference: 2nd review plans identified as a New site Plan with an December 2, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Public Works requests that future owners residing in the building labeled as X Building "C" (as shown on sheet AS-I) would locate their containers across the street on the east side of Building "C" on trash pickup days. PUBLIC WORKS - Traffic Comments: 2. Permits will be required from Palm Beach County for driveways proposed X onto Southwest 23rd Avenue (Golf Road). 3. The proposed shunt turnarounds do not meet minimum City standards (City X Standard Drawing P-lO). The design of the turnarounds can be addressed at the time of permitting. 4. Improve (with an acceptable surface material) that portion of the Southwest X 13th Street cul-de-sac so that it connects with the project's proposed point of emergency vehicle ingress / egress, located at the southeast comer of the subject property (Chapter 6, Article IV, Section 1.A.4.). The site plan (sheet AS-I) shows that the "connected" portion of Southwest 13th Street would be approximately 18 feet in width. ENGINEERING DIVISION Comments: . 5. At the time of permitting, the dimensions of the proposed parallel parking X spaces would have to comply with Engineering Drawing K-1. 6. At the time of permitting, all comments requiring changes and/or corrections X to the plans shall be reflected on all appropriate sheets. 7. All engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. COA 02/18/04 2 DEPARTMENTS INCLUDE REJECT UTILITIES Comments: 8. All utility easements shall be shown on the site plan and landscape plans (as X well as the water and sewer plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 9. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the drawings, using a minimum width of 12 feet. Wider easement widths may be required based on depth of sanitary sewer. 10. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this projecUCODE, Section 26-12). 11. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 12. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 13. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. FIRE Comments: 14. Prior to Fire Department approval of a building permit, new construction X projects must provide the results of a hydrant flow test indicating a fire flow not less than 1500 gpm @ 20 psi above domestic use. This applies to new or existing hydrants within the required 200 feet of the facility, COA 02/18/04 3 DEPARTMENTS INCLUDE REJECT 15. The Fire Department will require a Knox or key activated lock at the alternate X points of emer~ency access. POLICE Comments: None X BUILDING DIVISION Comments: 16. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 17. At time of permit review, submit signed and sealed working drawings of the proposed construction. 18. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation _' _ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." 19. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source, A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 20. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: . The full name of the project as it appears on the Development Order and the Commission-approved site plan; . If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans; . The number of dwelling units in each building; I . The number of bedrooms in each dwellinl! unit; COA 02/18/04 4 DEPARTMENTS INCLUDE REJECT . The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34). 21. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: . A legal description of the land; . The full name of the project as it appears on the Development Order and the Commission-approved site plan; . If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans; . The number of dwelling units in each building; . The total amount being paid; (CBBCO, Chapter 1, Article V, Section 3(f)). 22. Light poles shall be designed to withstand 140 mph wind loads per 2001 X FBC, Section 1606. 23. Site lighting shall comply with CBBCO, Chapter 23, Article II (A)(I)(a). A X minimum average light level of one-foot candle shall be provided, with no more than 10 percent of the spot readings below one-foot candle and none below one-half foot candle. PARKS AND RECREATION Comments: 24. Recreation Facilities Impact Fee: X . 50 single Family attached Units X $770 ea = $38,500; . Fee is due at the time of the first applicable buildinll oermit. FORESTER/ENVIRONMENT ALIST Comments: 25. The Landscape Architect should review the tabular mitigation for the 408- X caliper inches of existing trees proposed to be removed and show all 408- caliper inches of replacement trees as Quercus virginiana, and / or Swetenia mahogany. These replacement trees should be of the height, canopy spread and caliper to visually buffer the proposed structures between the top of beam and top of ridge building heights. These replacement trees should be located alone: the South and East property areas and shown bv a separate svrnbol on COA 02/18/04 5 DEPARTMENTS INCLUDE REJECT the landscape plan. The replacement trees should be placed along the outside perimeter of the buildings to visually screen the structures from the surroundin12; residential nei12;hborhoods. 26. The Tree & Palm Planting Detail should include a line on the drawing X indicating where the: . diameter at breast height (4.5 feet off ground) of the trees are to be measured for a minimum of three (3) inches caliper at time of planting; . overall height of the tree or palm is to be measured at time of planting; . clear trunk, clear wood, gray wood or trunk is to be measured at time of planting. 27. The applicant should show an elevation cross-section detail indicating how X the height of the proposed landscape material will visually buffer the proposed driveway areas from the Golf Road and S.W, 13th Street rights-of- way. PLANNING AND ZONING Comments: 28. The project must obtain approval from the School District of Palm Beach X County regarding school concurrency prior to the issuance of a building permit. It would be preferable to have this approval prior to the Planning & Development Board meetin12; (December 18,2003). 29. The site plan should indicate the FLU and the Official zoning districts for the X abuttin12; properties. 30. Place a note on the site plan: No provisions for outdoor patios, interior X fencing, screen enclosures, or solid-roof enclosures. Any future request would require a major site plan. This note will help to avoid confusion in the future when project is built out. 31. On the landscape plan, ensure that the plant quantities match between the X tabular data and the graphic illustration. 32. An extra row of colorful low-growing groundcover would be required within X the north and east landscape buffers (on the street side of the Cocoplum hedges) in order to comply with Chapter 7.5, Article II, Section 5.D of the Land Development ReJmlations. 33. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: Building height shall not exceed two (2) stories, The plans comply and therefore, staff has no recommendation. Plans must remain consistent with agreement or amend agreement as necessary. The site plan (sheet AS-I) must be corrected to indicate that two (2) stories and 26 feet - five (5) inches are proposed rather than three (3) stories /29 COA 02/18/04 6 DEPARTMENTS feet. 34. The Stipulation and Settlement Agreement requires that the Alhambra Square South and Alhambra Square ACLF: Roof pitch not steeper than 4:12. The plans comply and therefore, staff has no recommendation. Plans must remain consistent with agreement or amend agreement as necessary. 35. The Stipulation and Settlement Agreement requires that the Alhambra Square South and Alhambra Square ACLF: All dumpsters to be located away from adjacent residential areas, and at least one hundred feet from the south property line of the Alhambra Square South and Alhambra Square ACLF Parcels, The plans comply since no dumpster enclosure is proposed and therefore, staff has no recommendation. Plans must remain consistent with agreement or amend agreement as necessary. 36. The Stipulation and Settlement Agreement requires that the Alhambra Square South and Alhambra Square ACLF: Use of the property shall be limited to an Adult Congregate Living Facility. The proposed use violates this stipulation. Staff recommends amending the Agreement so that there is no violation. The Agreement must be amended to allow the proposed unit (townhouse) types. If not amended, the plans must be modified to comply with the stipulation. 37. The Stipulation and Settlement Agreement requires that the Alhambra Square South and Alhambra Square ACLF: A combination of landscaping and wall (the "Wall") shall be constructed on the south property line of the Alhambra Square South and Alhambra Square ACLF parcels. The plan and design of the Wall shall be coordinated with and approved by the governing Associations of the adjacent residential property. Approval of the Wall shall not be unreasonably withheld by the governing associations, the Wall shall be constructed at no cost or expense to the governing associations. The lack of the wall along the south property line violates this stipulation. Staff recommends a combination of wall / landscaping similar to the Homewood Residence to be placed along the southern property line of the subject property. This would require amending the Agreement. 38. The Stipulation and Settlement Agreement requires that the Alhambra Square South and Alhambra Square ACLF: Parking lot lighting shall be shaded and shielded so as to not shine directly into adjacent residential areas; parking lot lighting shall not be illuminated after 11 :00 p.m.; parking lot lighting poles shall be at the minimum height permitted or allowable by BOYNTON BEACH. A note on the plans indicates that the lights would comply with Chapter 23, Article ILA.1 of the Land Development Regulations, meaning that they will remain illuminated until 2:00 a.m. Therefore, the plans are in violation of this stipulation. Staff recommends amending the Agreement so that there is no violation, however, if restrictions are placed on project lighting, the lighting should not be below the typical lighting levels of public streets. INCLUDE REJECT x x x x x COA 02/18/04 7 DEPARTMENTS INCLUDE REJECT 39. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: At such time as building plans are presented to BOYNTON BEACH for permit, copies of the Wall plan and site plan shall be submitted to the governing associations. Staff has no opinion on this requirement. 40. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: No parking spaces or improvements except landscaping shall be constructed or installed in the Lake Worth Drainage District "right-of-way" south of the Alhambra Square South and Alhambra Square ACLF parcels. The plans comply and therefore, staff has no recommendation. 41. The Stipulation and Settlement Agreement requires that the Alhambra Square X South and Alhambra Square ACLF: Deceleration entry lanes shall be provided at each entrance if deemed necessary by BOYNTON BEACH. The plans comply and therefore, staff has no recommendation. 42. Due to the limited amount of dedicated recreation / open space, staff X recommends incorporating a meandering trail into the design of the southern landscape buffer. 43. Staff recommends varying the heights of the proposed Live Oak and Sweet X Mahogany trees proposed within the east landscape buffer (between 12 feet and 16 feet). 44. If possible, City staff respectfully requests the applicant petition the L WDD X to dredge the right-of-way adjacent to the subject property, to the minimal extent possible (to the satisfaction of the District) so as to not impact the flora and fauna that may be found in the L WDD rif,?;ht-of-way. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 45. To allow the applicant and staff to work together (prior to the City X Commission meeting) to re-examine conditions #24 and #25 for completeness and accuracy. If the conditions are in fact correct as it relates to the proposed site plan, the applicant agrees to the conditions. 46. Regarding condition of approval #37: In lieu of a buffer wall, the developer X will provide adequate landscaping (shrubs) along the southern property line adjacent to the L WDD canal, in order to provide screening and security. The omission of a buffer wall would require amending the Stipulation and Settlement Agreement. ADDITIONAL CITY COMMISSION COMMENTS: COA 02/19/04 8 DEPARTMENTS INCLUDE REJECT Comments: 47. Replace condition #46 with requirement that the proposed wall at the X southern border be 6 feet in height or consistent with the amended settlement agreement. 48. Replace condition #38 with requirement that lighting fixtures be reduced in X height (where visible from 13th Street or consistent with the amended settlement agreement. 49. Approval is subject to final approval by neighborhood associations and the X courts. MWR/elj S:\Planning\SHARED\WP\PROJECTS\ Venetian Villas\COA.doc .~ . EXHIBIT "0" . J adjacent residential property and the existing. bufter hedge shall be removed and replaced with sod and landscaping to the specifications of the governing association and at no cost to the governing association; (4) Parking lot lighting shall be shaded so as not to shine directly into residential areas, and parking lot lighting shall not be illuminated after 11:00 P.M.; b. Alnambra Sauare South and Alhambra Sauar. ACLF: , (1) Building Height not to exceed two stories; (2) Roof pitch not to be steeper than 4/121 (3) All dumpsters to be located away from adjacent residential areas, and at least one hundred feet from the south property line of the Alhambra Square South and Alhambra Squ~re ~ ACLF Parcels; ~ It r . I , I I I I (4) Parking lot lighting shall be shaded and shielded so as not to shine. directly into adjacent residential areas; parking lot lighting shall not be illuminated after 11:00 P.M.; parking lot lighting pOles shall be at the minimum height permitted or allowable by BOYNTON BEACH; (5) Use of the property shall be limited to an Adult Congregate Living Facility; (6) A combination of landscaping and wall "Wall") shall be constructed on the south property of (the the Alhambra Square South and Alhambra Square ACLF parcels. The plan and design of the Wall shall be coordinated with and approved by the governing associations of'the adjacent residential property. Approval of the Wall shall not be unrea~onably withheld by the governing associations. The Wall shall be constructed at no cos~ or expense to the governing associations; (7) At such time as building plans are presented to BOYNTON BEJ\CJI for permit, copies of the Wall plan and sIte plan shall be submitted to the governing associations; , (8) No parking spaces or improvements except landscaping shall be constructed or installed in the Lake Worth 5 . . " .., - . EXHIBIT "D" , Drainage District right-ot-way south of the Alhambra Square South and Alhambra Square ACLF Parcels; and (9) Deceleration entry lanes shall be provided at each ~ntrance if deemed necessary by BOYNTON BEACH. The foregoing developmental limitations shall be set forth in a Declaration of Covenants and Restrictions (the "Declaration"), which shall provide that they cannot be modified without the consent of BOYNTON BEACH, and the Declaration shall be recorded , , among the public records of Palm Beach County, Florida" shall run with the land, and shall be binding upon the successors and assigns of MILNoR and MICI~EL. The Declaration shall be prepared and distributed to the governing associations by November 1, ~ 1989. A recordable Declaration signed by MILNOR and KICHAEL i r shall be delivered to the City Attorney prior to the tirst public hearing on the rezoning and Comprehensive Plan amendments described in paragraphs 12 and 13, below. The Declaration shall be recorded by the City Attorney where all actions necessary to effectuate this StipUlation and Settlement Agreement have been duly enacted by BOYNTON BEACH. The Declaration is for the benefit of the following governing associations ot the adjacent residential areas: (a) Boynton Leisureville Community Association, Inc. as to the Alhambra North Parcel; and (b) Colfview Harbour and Coltview Harbour Estates as to the Alhambra South and Alhambra ACLF Parcels. 12. BOYNTON BEACH agrees to supplement or amend its ComprehensivQ Plan by December 31, , 1989, to permit Use and development of the Alhambra Square ParQels as set forth in paragraph 11, above, subject only to the limitations set forth in this Settlement and StipUlation Agreement and other usual and customary site related conditions of development. 13. BOYNTON BEACH agrees, within thirty days of the date of , . this StipUlation, to rezone the Alhambra Square Parcels to permit the development set forth in paragraph 11, above, subject only to completion of all procedural requirements under Florida statutes, 6 4 I J t ,'Jr F".:' _1'1--< ;. ~ :;'.~~ ~ I / i I,' It / ~I ~ I, Ii / . / / I / \ \ \ \ \ \ \ \ \ ~ \ I I;' " \: ~ l ,0 ~~ \ \ \ I~ :~r[1" / 1 I I I I 0 , I I i I I 1 I w, i I I ,.,c,. I ! , ! I i I I SQUM1''''uS j . i i , ! ! ~ ) / SOUfl!DI"G~ !~ 0 I I I I ! I I I SOUM)I~':':; i ! I I ',>P lI'~lL I ..1 101l'/EOII'1 , \ TGB !l f, e~ ,/ .. ,.; ( \ ~ \ . ~ \ '; ;;rl,,,,~,,,r.'; " \ I \ I ~~,oe,c,.1 \ ,1 \ \ I \ I ~ \, ;oej EXHIBIT "B" '-__'__ l . '~ ISC~l~ pprEH1Y LN, ~ I I ~~ ~J~. ::r: c,)a~$~~ \ ~( v~,. ,c:.- ~ e/f ~. / .. c f.' ~''OI, ;:ow I' / I i Q i ''''''',e; ~ - ~ ~ rr, -< '-" \......... 6\ ::? -, ~ J:' ""1-- --' -.:-.. ::i,> " \" ',,- I'll "r\ Ii1 I- r..... ; '~."" ' \,;'1 (~) rtl 1> ~ ~ .- ., ---...\. 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Rumpf, Michael From: Rumpf, Michael Sent: Tuesday, January 20, 2004 11: 19 AM To: 'Peteryland@aol.com' Cc: Johnson, Eric Subject: RE: (no subject) Peter, 1) I am not an engineer but can give a very brief and elementary explanation. Drainage systems vary depending on feasibility, costs, and resources. They can include retention ponds, subsurface retention (Le. french drains), linkages with off-site water systems (subject to fee and permitting with the respective agency), or a combination of these systems. Surface drainage systems including retention ponds (wet and dry) are, in part, a factor of impervious/pervious characteristics, available space and land costs. The subject project appears to use a combination of surface (dry) retention/storage areas (3 on the north side of the project), and the adjacent LWDD L-27 canal. 2) Yours questions regarding "certainty" are valid. Not all items are bonded. The conditions of approval will ensure that requirements are met otherwise a permit won't be issued for those items that must be reflected on the plans. Landscaping is currently not required to be bonded, but if a Certificate of Occupancy is requested prior to completion, unimproved landscaping can be bonded. 3) This issue is a sensitive one given its connection with an outside agency/authority. We would likely require from them proof that coordination was attempted and the result. But keep in mind that our review and recommendation for approval cannot be contingent upon cooperation with the drainage district. 4) Any agreements made between the property owners and the developer, or promises from same, should be in writing, and stated to the Commission for possible insertion into the conditions. Otherwise, such issues may not be covered by the development order and not enforceable by the city. Also, unless you have legal representation, I am not sure how your outstanding concerns would be communicated to the courts when reviewing the proposed amendment to the settlement agreement. This issue is outside my area of expertise. Mike Rumpf Planning & Zoning Division City of Boynton Beach 561-742-6260 -----Original Message----- From: Peteryland@aol.com [mailto:Peteryland@aol.com] Sent: Monday, January 19, 2004 9:21 AM To: Rumpf, Michael Subject: (no subject) Date: January 19, 2004 To: Michael Rumph Planning & Zoning Director City of Boynton Beach, FL Dear Mike: We had a meeting of the contingent property owners to the proposed Venetian Villas yesterday. 1 . At the meeting it was stated by a property owner associated with real estate that a development 1120/2004 Page 2 of2 " .. --' of this size is required to have a water retention area. Is this true? If so, does this development have one or what is the alternate to one? 2. There are a lot of concerns that, if the development were to proceed, the developer would not live up to promises made during the approval process. What guarantees do you have in place to make sure they happen? Do you require performance bonds? (I had to put up $900,000 on a new high school for PB Gardens). Do you make them sign legal agreements before permits are issued? (This especially applies to screens, porches and patios and landscaping on the East and South sides). 3. One of the recommendations at the P&D meeting was that the developer and property owners on the south side jointly petition LWDD to not require dredging of the canal and consequential damage to wading birds and native vegetation. Both the homeowners and the developer agreed to it in a meeting before the Golfview Harbour Homeowners, yet I do not see any reference to it in the staff notes of the P&D meeting. 4. If the development were to proceed, how can contingent property owners participate in the permitting process to assure that the impact on them will be minimized and promises made by the developer are kept? Sincerely, Peter Ryland 1/20/2004 Johnson, Eric From: Sent: To: Cc: Subject: Logan, Laurinda Tuesday, December 09, 2003 11 :07 AM Johnson, Eric Breese, Ed RE: Venetian Villas COA LDR, Chapter 6, Article IV, Section 1.A.4. states" . , . shall consider a secondary access. . ." for new subdivisions, PUD's and cluster dwellings. I would start your COA: "Improve (with an acceptable. . ."; delete "This would be acceptable to Staff'; the rest of the COA is just peachy. eCHO x{/-1..;;)2 -----Original Message-m- From: Johnson, Eric Sent: Tuesday, December 09, 2003 10:51 AM To: Logan, Laurinda Cc: Breese, Ed Subject: Venetian Villas COA Laurinda, Does the code require that SW 13th Street connect with the project's emergency point of ingress / egress? Or would it be just a staff recommendation? If not required, then how about this COA: Staff recommends improving (with an acceptable surface material) that portion of the Southwest 13th Street cul-de- sac so that it connects with the project's proposed point of emergency vehicle ingress / egress, to be located at the southeast corner of the subject property. The site plan (sheet AS-1) shows that the "connected" portion of Southwest 13th Street would be approximately 18 feet in width. This would be acceptable to staff. How was that? Let me know what you think. THanks, Eric 1 't. t 1 st REVIEW COMMENTS New Site Plan M~ Project name: Venetian Villas File number: NWSP 03-021 Reference: 1 streview plans identified as a New site Plan with an October 22. 2003 Planning and Zoning Department date stamp marking DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to permit application contact the Public Works Department (561-742- ./ 6200) regarding the storage and handling of refuse. 2. Staff requests that the orientation of the 2-unit building south of the pool ~ area be reversed to facilitate solid waste pickup. PUBLIC WORKS - Traffic Comments: 3. Provide a traffic analysis and notice of concurrency (Traffic Performance ~ Standards Review) from Palm Beach County Traffic Engineering. 4. On the site and civil plans, show and identify all necessary traffic control t/ devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. See City Standard Drawings "K" Series for striping details. 5. Permits will be required from Palm Beach County for driveways onto SW v" 23rd Avenue. (Golf Rd.) 6. Minimum lane widths within the proposed subdivision shall be 11 feet. V (City Standard Drawing P-l) 7. Providing a secondary access via SW 13th St. (LDR, Chapter 4, Section / 8.C.2. and Chapter 6, Article IV, Section 1.A.4). This access shall be gated and provided with a Knox Box for emergency vehicles onlv. 8. A five (5) foot sidewalk along SW 23rd Ave. is required, and shall be V placed one (1) foot north of the north property line (LDR, Chapter 6, Article IV, Section 10.T. and Chapter 22, Article I, Section 5). 9. Remove the island within the public right-of-way. No access controls will ./ be allowed within the public right-of-way. / 10. Show location of call box for entry into the subdivision. The throat depth of / the entryway may need to be increased to accommodate non-residents refused entry and who have to make a u-turn movement to exit. 11. The proposed shunt turnarounds do not meet minimum City standards. / (City Standard Drawing P-lO). At ~O"''''h ;H-;-.l..r, , ....)1 ENGINEERING DIVISION Comments: / 12. Add a general note to the site plan that all plans submitted for specific J permits shall meet the City's Code requirements at time of application. These permits include, but are not limited to, the following: paving, drainage, curbing, site licllting, landscaping and irrigation. Permits required , 1 st Comments 11/17/03 2 DEPARTMENTS INCLUDE REJECT from other permitting agencies such as Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worth Drainage District (LWDD), Florida Department of Environmental Protection (FDEP), Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Department (PBCED), Palm Beach County Department of Environmental Resource Management (PBCDERM) and any others, shall be included with the permit request. 13. All comments requiring changes and/or corrections to the plans shall be / reflected on all appropriate sheets. 14. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the TRC process does not / ensure that additional comments may not be generated by the Commission and at permit review. 15. Provide written and graphic scales on all sheets. ./' 16. Specify use of the FDOT Standard Specifications for Road & Bridge Construction, and Standard Index, 2000 Editions, as the construction ~ standard. 17. It may be necessary to replace or relocate large canopy trees adjacent to light ...,,/ fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A.l.b). 18. Reference FDOT Standard Index 546 for the sight triangles along Golf ./ Road. Internal sight triangles may be 10 foot. 19. Indicate, by note on the landscape plan, that within the sight triangles there V shall be an unobstructed cross-visibility at a level between 2.5 feet and 8 feet above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.). 20. Staff recommends placing the Quercus Virginiana (Live Oak) a minimum of ten (10) feet from structures, and property lines. Staff also recommends the ~ use of a cultivar such as "Highrise" or "Cathedral" which grow taller and narrower. 21. Provide an engineer's certification on the Drainage Plan as specified in V LDR, Chapter 4, Section 7.F.2. 22. Full drainage plans, including drainage calculations, in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of V permitting. 23. Indicate by note that catch basin and manhole covers shall be bicycle proof V (LDR, Chapter 6, Article IV, Section 5.A.2.g). 24. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate "7 grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 25. All engineering construction details shall be in accordance with the /' applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES ~ 1 st Comments 11/17/03 3 DEPARTMENTS INCLUDE REJECT Comments: 26. All utility easements shall be shown on the site plan and landscape plans (as well as the water and sewer plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, ,/ palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 27. Water and sewer lines to be owned and operated by the City shall be included within utility easements. Please show all proposed easements on ~ the drawings, using a minimum width of 12 feet. Wider easement widths may be required based on depth of sanitary sewer. Provide inver.t 28. Palm Beach County Health Department permits will be required for the ~ water and sewer systems serving this project (CODE, Section 26-12). 29. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m. as stated in the LDR, Chapter 6, Article IV, / Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 30. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid for this project either upon the request for the Department's signature (' on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 31. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable ./ water. As other sources are readily available City water shall not be allowed for irrigation. 32. This office will not require surety for installation of the water and sewer utilities, on condition that the systems be fully completed, and given to the / City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 33. Appropriate backflow preventer(s) will be required on all domestic water V services to the building(s), and the fire sprinkler line ifthere is one, in accordance with the CODE, Section 26-207. 34. A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to / service this project, in accordance with the CODE, Section 26-15. 35. Staff requests the following revisions to the water main layout: . Delete the west tie-in to the SW 23rd Ave. main and create a loop back to / the fire hydrant location to the east. . Create a new tie-in from the southerly main run west into the existing 8 1 st Connnents 11/17/03 4 DEPARTMENTS INCLUDE REJECT in. water main serving the assisted living facility. . Complete the loop along the southbound entrance road south to the southerly 8 in. water main run. . PVC material not permitted on the City's water system. All lines shall be DIP. . All water services under pavement shall be copper. 36. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction / Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: 37. Design documents where underground water mains and hydrants are to be provided, must demonstrate that they will be installed, completed, and in /' service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 38. Prior to Fire Department approval of a building permit, new construction projects must provide the results of a hydrant flow test indicating a fire flow / not less than 1500 gpm @ 20 psi above domestic use. This applies to new or existing hydrants within the required 200 ft. of the facility. 39. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an Administrative Order dated May 9,2001, that provides the minimum /' performance for all security gates and emergency access. 40. Emergency access shall be provided at the start of a project and be maintained throughout construction per the Florida Fire Prevention Code, / Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. 41. Emergency access roadways must be firm and unyielding, having a bearing value of not less than 40 (i.e. LBR 40), compacted to 98% of the maximum / density as determined by AASHTO T180, in accordance with the FDOT Standard Specifications for Road and Bridge Construction (2000) Division 11, Section 160, STABILIZING. A copy of the test results shall be provided and accepted prior to above grade construction. Testing frequency shall not be less than that specified in the FDOT Sampling, Testing and Reporting Guide, or as required by the Fire Marshal. The roadway shall be maintained free from ruts, depressions, and damage, and at the required bearing value for the duration of it's intended use 42. City Ordinance Section 9-6, 3. /7-11 requires approved automatic fire / sprinkler systems throughout all buildings or structures in excess of 30 ft. in height as measured from finish ground floor grade to the underside of the topmost roof assembly. 1st Comments 11/17/03 5 DEPARTMENTS INCLUDE REJECT POLICE Comments: 43. Show placement of traffic control signs. BUILDING DIVISION Comments: 44. Indicate within the site data the type of construction of each building as ~ defined in 200 I FBC, Chapter 6. 45. Indicate within the site data the occupancy type of each building as defined / in 2001 FBC, Chapter 3. 46. Place a note on the elevation view drawings indicating that the exterior wall openings and exterior wall construction comply with 2001 FBC, Table 600. / Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2001 FBC, Table 600. 47. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or / structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 200 I FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 48. Add to all plan view drawings of the site a labeled symbol that represents the location and perimeter of the limits of construction proposed with the ~ subject request. , 49. At time of permit review, submit signed and sealed working drawings of the ~ proposed construction. 50. Identify within the site data the finish floor elevation (lowest floor elevation) that is proposed for the building. Verify that the proposed elevation is in / compliance with regulations of the code by adding specifications to the site data that address the following issues: a) The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation _' _ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." b) From the FIRM map, identifY in the site data the title of the flood zone that the building is located within. Where applicable, specifY the base flood elevation. If there is no base flood elevation, indicate that on the plans. c) IdentifY the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the 1 st Comments 11/17/03 6 DEPARTMENTS INCLUDE REJECT drawings titled site plan, floor plan and paving! drainage (civil plans). 51. On the drawing titled site plan, identify and label the symbol that represents the property line. V 52. A water-use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the / permit shall be submitted at the time of permit application, F.S. 373.216. 53. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a) The full name of the project as it appears on the Development Order and the Commission-approved site plan. / b) If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. c) The number of dwelling units in each building. d) The number of bedrooms in each dwelling unit. e) The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 54. At time of building permit application, submit verification that the City of Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: f) A legal description of the land. / g) The full name of the project as it appears on the Development Order and the Commission-approved site plan. h) If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. a) The number of dwelling units in each building. e) The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(t)) 55. If parking spaces are provided at the mail kiosk, a handicap accessible / parking space shall be provided per 2001 FBC, Section 11-4.1.2. 56. Sheet A-PC.l - The number of required sanitary facilities in the pool cabana shall be determined by the square footage of the pool per 2001 FBC, / Table 424.1.6.1. Submit the square footage of the pool to ensure compliance. 57. Clearly show the dimensions of the restrooms and the accessible stalls in the pool cabana and the required wheelchair turning space per 2001 FBC, / Section 11-4.2.3, BBA to the 2001 FBC, Section 104.2.1. / 58. Light poles shall be designed to withstand 140 mph wind loads per 2001 V 1st Comments 11/17/03 7 DEPARTMENTS INCLUDE REJECT FBC, Section 1606. 59. Site lighting shall comply with CBBCO, Chapter 23, Article II (A)(l)(a). A minimum average light level of one-foot candle shall be provided, with no / more than 10 percent of the spot readings below one-foot candle and none below one-half foot candle. PARKS AND RECREATION Comments: 60. Recreation Facilities Impact Fee: - 50 single Family attached Units X $770 ea = $38,500 I ,/ ,// - Fee is due at the time of the first applicable building permit. 61. Private Recreation provided is limited to a pool and cabana area. Very little / common green space is provided. The limited provision of private Parks and Recreation facilities will increase the impact of this development on the public Parks and Recreation System. FORESTER/ENVIRONMENT ALIST Comments: Existine Trees Manaeement Plan Sheet TD-l 62. The Landscape Architect should review the tabular mitigation for the 408- caliper inches of existing trees proposed to be removed and show all 408- / caliper inches of replacement trees as Quercus virginiana, and / or Swetenia mahogany. These replacement trees should be of the height, canopy spread and caliper to visually buffer the proposed structures between the top of beam and top of ridge building heights. These replacement trees should be located along the South and East property areas and shown by a separate symbol on the landscape plan. The replacement trees should be placed along the outside perimeter of the buildings to visually screen the structures from the surrounding residential neighborhoods. 63. Landscape Plan Sheet L-2 V The landscape design does not include the City signature trees (Tibochina granulosa) at the ingress / egress area to the site. All trees and Palms must meet the minimum size specifications for trees of 3 inches in caliper, 12-14 feet in height. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C.3.N.] 1 st Comments 11/17/03 8 DEPARTMENTS INCLUDE REJECT 64. The Tree & Palm Planting Detail should include a line on the drawing indicating where the: a. diameter at breast height (4.5 feet off ground) of the trees are to be measured for a minimum of three (3) inches caliper at time of planting, ~ b. overall height of the tree or palm is to be measured at time of planting, c. clear trunk, clear wood, gray wood or trunk is to be measured at time of planting. 65. The Plant List should indicate a minimum of 50% native / xeriscape species / of trees, shrubs, and ground covers plants. 66. The applicant should add a note that all utility boxes or structures (not / currently known or shown on the plan) should be screened with Coco plum hedge plants on three sides. 67. The applicant should show an elevation cross-section detail indicating how /' the height of the proposed landscape material will visually buffer the proposed driveway areas from the Golf Road and S.W. 13th Street rights-of- way. 68. Irri2ation Plan-No Irri2ation plan included in the submittal ~ The irrigation system design should be low volume water conservation using non-portable water. 69. Turf and landscape (bedding plants) areas should be designed on separate t/ zones and time duration for water conservation 70. Trees should have separate irrigation bubblers to provide water directly to / the root ball. [Environmental Regulations, Chapter 7.5, Article IT Sec. 5. C.2.1 PLANNING AND ZONING ~mments: /~ The proposed "outfall #1" may negatively impact the existing flora and fauna in the Lake Worth Drainage District (LWDD) Canal adjacent to the ~ subject property. Any discharge into the canal will require all then the ,,/ necessary permits from the L WDD. I~ A drainage statement is required prior to the Technical Review Committee V meeting (Chapter 4, Section 7.F.2.). 9 The traffic impact analysis must be approved by the Palm Beach County / Traffic Division for concurrency purposes prior to the issuance of any building permits. b) The project must obtain approval from the School District of Palm Beach V County regarding school concurrency prior to the issuance of a building permit. It would be preferable to have this approval prior to the Planning & Development Board meeting (December 18,2003). 1 st Comments 11/17/03 9 DEPARTMENTS INCLUDE REJECT V On the site plan tabular data, there should be no distinction between gross /''(" and net acreage. Eliminate the "gross area" from the data. Also, the area of the subject lot should match between the site plan and the survey (Chapter 4, Section 7.E.). ,)( The site plan tabular data should indicate the Future Land Use (FLU) for the subject property. The High Density Residential (HDR) underlying land use allows for 10.8 dwelling units per acre. Indicate the maximum allowed and proposed densities. 77. The "Unit Types: A, B, C, and D", as shown on the site plan tabular data, should indicate the number of bedrooms (Chapter 4, Section 7.B.). This shall correspond to the floor plan. 1-eck~ >( The site plan tabular data should accurately indicate the project's required parking. Two (2) parking spaces per each unit plus five (5) spaces for the recreation area equals 105 parking spaces. l2 i ~ ,~....- C> The site plan should indicate the FLU and the Official zoning districts for the abutting properties. V' Will the proposed townhouse units be fee-simple? If so, please show their ?\.. lot lines. '( B fj .X 7 Will there be a provision for outdoor patios, interior fencing between each unit, screen enclosures, or solid-roof enclosures? Please discuss these amenities with staffprior to the Tec~ical Review Committee meeting. C If so, Will emergency vehicle ingress / egress be provided at the cul-de-sac of Southwest 13th Street? This point must be approved by the Fire Department. Please label it on the site plan. The security fence may not exceed six (6) feet in height (Chapter 2, Section 4.1.1.). The decorative trellis may not be more than 10 feet in height. On the detail (sheet A-F-l), indicate all dimensions to ensure compliance with these restrictions. In the ast, staff has allowed the su ortin columns to v ~ ~ ~ \>/ ,,/ ~ / 1 st Comments 11/17/03 10 DEPARTMENTS INCLUDE REJECT exceed this height restriction (of up to 7 feet in height). Also, what will be the color of the fence and its supporting columns? .J( Provide a detail of the fence proposed around the pool/clubhouse area, / including its dimensions, material, and color (Chapter 4, Section 7.D.). )( As proposed, the site plan tabular data indicates the coverage of the building / footprint (29.39%) and the landscape area (35%) but not the remaining 64.39% of the project's land area. Please clarify (Chapter 4, Section 7.E.). 87. The number of units, as indicate on the floor plans "A-A" through A-D", when added together, should equal 50 units to match the site plan tabular data (they only add up to 48 units). Please clarify. /kRJ~ ~ The floor plan for Unit "D" (sheet A-D), shows the garage on the 2nd floor. ~ Please correct the labels. X No need to submit a roof plan with this packet (Chapter 4, Section 7). V ,~ The vehicular back-up distance behind each garage is subject to the V" Engineering Division of Public Works' review and approval. X The queuing distance at the entry gate will be subject to the Engineering V'" Division of Public Works' review and approval. y Provide a detail of a typical parallel and 90 degree parking stall. Its / dimensions and location are subject to the Engineering Division of Public Works' review and approval. ~ Each survey should be signed and sealed (Chapter 4, Section 7.A.). Copies ~ are not permitted. X Provide a side elevation of all buildings (Chapter 4, Section 7.D). V K All elevation drawings should dimension the mid-point of the roof, between [;/ the top of the tie-beam and the top of ridge (Chapter 4, Section 7.B.). /' )( The elevation drawings of the 0001 cabana building (sheet A-PC-l) shall V ~ 1 st Comments 11/17/03 11 DEPARTMENTS include the manufacturer's name and color code. Also, on the elevation drawings, staff recommends using a "color schedule" to identify each proposed color (Chapter 4, Section 7.D.). INCLUDE REJECT ~ Include a color rendering of all elevations prior to the Technical Review (y' Committee meetin Cha ter 4, Section 7.D.2. . Include color swatches. The entrance (proposed on Golf Road) can be no wider than 36 feet (Chapter 23, Article II, Section R.I.). Staff recommends extending the landscaped median to the property line. If landscaped medians are extended, consider inco oratin edestrian refu e islands into their desi . 2 The typical drawing of the freestanding outdoor lighting poles must include the height and color / material. The design, style, and illumination level shall be compatible with the building design (height) and shall consider safe , function, and aesthetic value Cha ter 9, Section 10.F.I. . 2 M'Place a note on the site plan that all above ground mechanical equipment '(S ~uch as exterior utility boxes, meters, transformers, and back-flow reventers shall be visuall screened Cha ter 9, Section IO.CA.). ~. On the landscape plan, ensure that the plant quantities match between the tabular data and the a hic illustration. ~. All trees, if proposed as trees, must be at least 12 feet in height and three (3) caliper inches at the time of their installation (Chapter 7.5, Article II, Section 5.C.2.). This would apply to the Silver Buttonwood, Dahoon Holly, Sim son's Sto er trees. 11(. . Fifty percent (50%) of all site landscape materials must be native species Cr;- (Chapter 7.5, Article II, Section 5.P). On the landscape plan provide the overall percentage of native plant material by the following categories: canopy trees, palm trees, shrubs / accents, and groundcover to ensure compliance with this code requirement. Staff recommends using an asterisk to identi the native lant material. 104. All shrubs and hedges are required to be at minimum 24 inches in height, 24 inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site Cha ter 7.5, Article II, Section 5.CA. . 105. A signature tree (such as a Yellow Elder, Tibouchina Granulsola, or Bouganvillea) is required at both sides of each project entrance / exit. The signature trees must have six (6) feet of clear trunk if placed within the safe- sight triangle (Chapter 7.5, Article 2, Section 5.N.). Alternative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant material (for the signature tree re uirement) will be sub'ect to the Ci Forester / Environmentalist v/ / /' t/ / ~/ /' / 1 st Comments 11/17/03 12 DEPARTMENTS INCLUDE REJECT review and approval. 106. Install low-growing groundcover on the street side of the neighborhood / development signs. 107. When wall or fences are constructed along rights-of-way (for multi-family V projects), a hedge or other groundcover is required along the street side of the fence along Golf Road and Southwest 13th Street (Chapter 2, Section 4.J.1.). 108. The subdivision wall sign(s) may not exceed 32 square feet in area. On the / detail (sheet A-F-1), please indicate the proposed area to ensure compliance with this restriction (Chapter 21, Article N, Section 1.D.). 109. Staff recommends screening the AlC units with either landscaping or a knee t/ wall. Label the location of the AlC Dads on the site plan. 110. Staff recommends connecting the internal sidewalk to the sidewalk that will ~ be required along Golf Road. Also, staff recommends incorporating a meandering pedestrian walkway within the perimeter of the subject property. 111. Is one (1) mail kiosk sufficient for the entire development? Staff ~ recommends installing another mail kiosk near the pool/cabana area. A central mail kiosk should be located where it would be convenient for all residents. Also, it would be beneficial for the mail carrier if a "loading zone" were provided at the mail kiosk(s). r 112. Staff applauds the preservation of the existing trees. V' MWR/sc S:\Planning\SHARED\WP\PROJECTSWenetian Villas\ 1 ST REVIEW COMMENTS.doc ... ., . ! "'-", i I ;' ~ : i ; i " ;1 DEe ,- ) L CVV AND PARTNERS Town Planning. Regulations. Architecture AA 0003387 ADDENDUM Date: To: From: Re.: December 1, 2003 New Site Plan Review Committee Erick Valle, Principal Venetian Villas Comments: The following changes were made to the documents for the above project in response to the New Site Plan Review Notes dated 10/22/20003 from the City of Boynton Beach. Specific Changes: PUBLIC WORKS - General 1. We spoke to Larry Quinn of public works and he stated that if it was fee simple a dumpster is not required. He will speak to Laurinda Logan and relay his statement. 2. The 2-unit building south of the pool was reversed on sheet AS-I. PUBLIC WORKS - Traffic 3. Please find attached revised traffic analysis that meets Palm Beach County standards. A letter is forthcoming form Masoud Atefi, Senior Traffic Engineer of Palm Beach Traffic Division 4. The "Civil Engineer" has provided this information on the PMS plan. 5. The "Civil Engineer" has aclmowledged this requirement. 6. All the consultant(s) drawings have been adjusted to lane widths of 11 ft. 7. The secondary access via 13th St. with gate and Knox Box has been added. 194 MINORCA AVENUE, CORAL GABLES, FLORIDA 33134 TEL. (305) 476-9212 FAX (305) 476-9292 EMAIL: CVV@URBANISM,COM C:\Docurnents and Settings\AndyS\Local Settings\Temporary Internet Files\OLK22\ 1 st Review Comments - 819 Venetian Villas 1 ,doc Page 1 of 8 " . CVV AND PARTNERS Town Planning. Regulations. Architecture AA 0003387 8. A five (5) sidewalk along SW 23rd Ave. has been added. 9. The island in the public right-of-way has been removed. 10. Additional call box was located at the main entrance on the site plan sheet AS-I. 11. The turnarounds are shown in Civil Engineer Site Plan sheet P-l. ENGINEERING DIVISION 12. Additional notes were added on the site plan sheet AS-I. 13. All the consultant(s) drawings have been appropriately corrected. 14. The consultant(s) acknowledge that additional TRC comments may be forthcoming. 15. All the consultant(s) drawings have been appropriately corrected. 16. The engineer's drawings have been appropriately corrected on sheet P-1. 17. Light fixtures are shown on landscape plan arid trees are adjusted to provide minimum clearance. See detail "Minimum Light Clearance from Light Fixtures" on sheet L-2. 18. FDOT index referenced and shown on L-l. 19. Clear sight distance note shown on L-l. 20. Staff recommendations will be considered. 21. Engineer's certification on the Drainage Plan has been provided. 22. The "Civil Engineer" has acknowledged this requirement. 23. All the Engineer's drawings have been appropriately corrected on sheet P-1. 24. All the Engineer's drawings have been appropriately corrected on sheet P-1. 194 MINORCA AVENUE, CORAL GABLES, FLORIDA 33134 TEL. (305) 476-9212 FAX (305) 476-9292 EMAIL: CVV@URBANISM.COM C:\Documents and Settings\AndyS\Local Settings\ Temporary Internet Fiies\OLK22\ 1 st Review Comments. B 19 Venetian Villas I.doc Page 2 of 8 CVV AND PARTNERS Town Planning. Regulations. Architecture AA 0003387 25. The Engineer's has included additional notes on sheet P-l. 26. Utility easements shown on L-l and AS-l including all trees and palms were adjusted accordingly. 27. All the Engineer's drawings have been appropriately corrected on sheet P-l. 28. The Engineer's has included additional notes on sheet P-l. 29. The "Civil Engineer" has acknowledged this requirement. 30. The "Civil Engineer" has acknowledged this requirement. 31. The "Civil Engineer" has acknowledged this requirement. 32. The Engineer's has included additional notes on sheet P-l. 33. The consultants and client acknowledge this comment. 34. All the Engineer's drawings have been appropriately corrected on sheet P-l. 35. All the Engineer's drawings have been appropriately corrected on sheet P-l. 36. The Engineer's has included additional notes on sheet P-l. FIRE 37. The Engineer's has included additional notes on sheet P-l. 38. The Engineer's has included additional notes on sheet P-l. 39. The Engineer's has included additional notes on sheet P-l. 40. The "Civil Engineer" has provided for this requirement. 41. The "Civil Engineer" has provided for this requirement. 42. This item does not apply two this project, all buildings are a maximum of two (2) stories and under 30' in height. 194 MINORCA AVENUE, CORAL GABLES, FLORIDA 33134 TEL (305) 476-9212 FAX (305) 476-9292 EMAIL: CVV@URBANISM.COM C:\Documents and Settings\AndyS\Local Settings\ Temporary Internet Files\OLK22\ 1 st Review Comments - B 19 Venetian Villas 1 ,doc Page 3 of 8 CVV AND PARTNERS Town Planning. Regulations. Architecture AA 0003387 POLICE 43. All the Engineer's drawings have been appropriately corrected on sheet P-I. BUILDING DIVISION 44. Additional site data was added to the site plan on sheet AS-I. 45. Additional site data was added to the site plan on sheet AS-I. 46. The Architect has included additional notes on the architectural elevations incompliance with Table 600. 47. The consultants and client acknowledge this comment. 48. Additional notes were added to the site plan on sheet AS-l and P-I. 49. The consultants and client acknowledge this comment. 50. Additional notes were added to the site plan on sheet AS-I. 51. Additional notes were added to the site plan on sheet AS-I. 52. The consultants and client acknowledge this comment. 53. The consultants and client acknowledge this comment. 54. The consultants and client acknowledge this comment. 55. A handicap accessible parking space was located near the mail kiosk see sheet AS-I. 56. Additional notes were added to the sheet A-PC-l per FBC, Table 424.1.6.1. 57. Additional dimensions were added to the restrooms in the pool cabana meeting all requirements as per 2001 FBC, Section 11-4.2.3, BBA to the 2001 FBC, Section 104.2.1. 194 MINORCA AVENUE, CORAL GABLES, FLORIDA 33134 TEL (305) 476-9212 FAX (305) 476-9292 EMAIL: CVV@URBANISM.COM C:\Documents and Settings\AndyS\Local Settings\Temporary Intemet Files\OLK22\ I sf Review Comments - B 19 Venetian Villas 1 ,doc Page 4 of 8 CVV AND PARTNERS Town Planning. Regulations. Architecture AA 0003387 58. The consultants and client acknowledge this comment. The Light Poles will be designed to withstand 140 mph loads per 2001 FBC, Section 1606. 59. The site lighting shall comply with CBBCO, Chapter 23, Article II (A)(1)(a). PARKS AND RECREATION 60. Prior to paying fee, client requests for staff to reconsider common green where the mail kiosk is located. 61. The consultants and client acknowledge this comment. However, it appears that the common green where the mail kiosk sits is not acknowledged. FORESTER/ENVIRONMENT ALIST 62. Tabular mitigation shown and modified per comment. 63. City signature tree (Tibouchina ganulose) shown at entrance and egress. 64. Tree and Palm planting detail modified to address comment, see L-2. 65. Planting Data Table modified, see sheet L-2. 66. See drawing detail, "Typical Mounting for Ground-Mounted Equipment" on sheet L-2. 67. See elevation on sheet L-3. 68. Irrigation plan to be submitted with building permit application. Water source and suction pipe are shown on L-1. 69. Irrigation plan to incorporate separation of irrigation areas and precipitation rates. 70. Bubblers will be added to all trees and palms on irrigation plan. PLANNING AND ZONING 194 MINORCA AVENUE, CORAL GABLES, FLORIDA 33134 TEL. (305) 476-9212 FAX (305) 476-9292 EMAIL: CVV@URBANISM.COM C:\Documents and Settings\AndyS\Local Settings\Temporary Intemet Files\OLK22\ 1 st Review Comments. 819 Venetian Villas! ,doc Page 5 of 8 . CVV AND PARTNERS Town Planning. Regulations. Architecture AA 0003387 71. The consultants and client acknowledge this comment; the permit through L WDD will be acquired. 72. The Engineer's has included additional notes on sheet P-I. 73. Please find attached revised traffic analysis that meets Palm Beach County standards. A letter is forthcoming form Masoud Atefi, Senior Traffic Engineer of Palm Beach Traffic Division 74. The concurrency application was submitted to Helen LaValley at the School District of Palm Beach County. The determination is in process. 75. The site tabular data was modified on sheet AS-I. 76. The site tabular data was modified on sheet AS-I. 77. The site tabular data was modified on sheet AS-I. 78. The site tabular data was modified on sheet AS-I. 79. Additional notes were added to the site plan on sheet AS-I. 80. The project is fee simple. A new sheet AS-2 was added to the submittal showing the lot lines. 81. The consultants and client acknowledge this comment. This item will be further discussed with staff prior to the TRC meeting. 82. The Engineer is attempting to tie-in to adjacent sewer lift station see sheet P- I. 83. Additional notes were added on the site plan sheet AS-I. 84. Additional notes were added on the site plan sheet AS-I. 85. Additional details were added to the pool cabana on sheet PC-I. 86. The site tabular data was modified on sheet AS-I. 87. The floor plans "A-A" through "A-D" were adjusted to match site plan tabular data. 194 MINORCA AVENUE, CORAL GABLES, FLORIDA 33134 TEL. (305) 476-9212 FAX (3051 476-9292 EMAIL: CVV@URBANISM.COM C:\Documents and Settings\AndyS\local Settings\ Temporary Intemet Files\OlK22\ 1 st Review Comments - 819 Venetian Villas 1 ,doc Page 6 of 8 CVV AND PARTNERS Town Planning. Regulations. Architecture AA 0003387 88. The Unit "D" plans was correctly labeled. 89. The consultants and client acknowledge this comment. 90. The consultants and client acknowledge this comment. 91. The consultants and client acknowledge this comment. 92. Additional details were added to the on sheet AS-I. 93. Signed and Sealed sets are attached. 94. All the side elevations were added to all the building sheets. 95. The dimensioning was adjusted to the mid-point of the roof on all building elevations. 96. The manufacturers name and color codes were added to the pool cabana sheet A-PC-I. 97. Provided in package 98. The consultants and client acknowledge this comment. 99. The consultants and client acknowledge this comment. 100. Additional notes were added on the site plan sheet AS-I. 101. Plant quantities checked and re-checked to insure matching with tabular data. 102. All trees shown with minimum 12' sizes. 103. Native plant requirement shown on "Planting Data Table" sheet L-2. 104. Minimum shrub size on specification and noted as per comment. 105. City Signature tree (Tibouchina Granulose) shown at entrance and egress. 106. Low growing groundcovers shown at signs, see sheet L-l. 107. Hedges added along street side of Golf Road and SW 13th Street. 108. Additional notes were added to the signs on sheet A-F-I for compliance. 109. NC units shown and screened on sheet L-2. 194 MINORCA AVENUE, CORAL GABLES, FLORIDA 33134 TEL (305) 476-9212 FAX (305) 476-9292 EMAIL: CVV@URBANISM.COM C:\Documents and Settings\AndyS\Local Settings\ Temporary Internet Files\OLK22\ 1 st Review Comments - 819 Venetian Viilas 1 ,doc Poge 7 of 8 . CVV AND PARTNERS Town Planning. Regulations. Architecture AA 0003387 110. Additional details were added on the site plan sheet AS-I. 111. We spoke to the postmasters, Ms. Dorothy Lopez and Ms. Lowen, they stated that the single location for mail delivery was suffice for this project 112. The consultants and client appreciate this comment 194 MINORCA AVENUE, CORAL GABLES, FLORIDA 33134 TEL. (305) 476-9212 FAX (305) 476-9292 EMAIL: CVV@URBANISM.COM C:\Documents and Settings\AndyS\Local Settings\Temporary Internet Files\OLK22\ 1 sl Review Comments - 819 Venetian Villas 1 ,doc Page 8 of 8 Facsimile TRANSMITTAL CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 FAX: (561) 742-6259 PLANNING AND ZONING DIVISION to: Michael Hoeflinger - Atlantis Development Group LLC fax #: 305-374-8032 date: November 17, 2003 from: Sherie Coale re: 1 ~I REVIEW COMMENTS FOR Venetian Villas Please find attached the first review comments for your project. To stay on the current review schedule, please do the following steps listed below, and bring all documents to the TRC scheduled for Tuesday, December 2,2003. 1. Revise your plans incorporating all comments listed herein, including the addition of notes on plans to confirm response to general statements/ comments, and bring 10 copies to the TRC review meeting (full sets including all pages originally submitted); 2. Submit the additional information as requested within the attached comments; ( i.e. traffic analysis, engineering certification, etc.) 3. Prepare a written response (7 copies) consisting of a list briefly summarizing how each comment has been addressed on the revised plans or with the supplemental information including location on the plans ( this promotes an expeditious 2nd review by staff and your project representatives during the TRC meeting );and 4. Submit reductions (8 ~ X 11) for the proposed site plans, elevations and landscaping plan (this is required for the final report and public presentation). Planning and Zoning Division City of Boynton Beach Boynton Beach, Florida 33425 The applicant should not attend a TRC (2nd review) until all documents have been revised and copied for staff 742-6260 Fax: 742-6259 review. If plans will not be fully revised and brought to the scheduled TRC meeting, contact Ed Breese in this office by the Thursday prior to the scheduled meeting date. Projects deviating from the original schedule are eligible for review at subsequent meetings, which are held every Tuesday. To reschedule, contact Sherie Coale, by the Thursday prior to the Tuesday TRC meeting that you desire to attend. The remainder of the review schedule will be adjusted accordingly. If you have questions on the attached comments, please contact the respective reviewer using the attached list ofTRC representatives. Ifthe plans are reasonably complete and all significant comments are addressed following TRC (2nd review), the project is forwarded to the Planning and Development Board Meeting that falls approximately 2 to 3 weeks following the TRC meeting. An "*,, by any comment identifies a comment that must be addressed prior to moving forward to the Planning and Development board. Note: Items recognized by staff as typically outstanding at this point include a traffic report and/or confirmation of the traffic concurrency approval from the Palm Beach County drainage certification by a licensed engineer, signed "Rider to Site Plan Application" form and colored elevations of the proposed project. This information is necessary for the project to proceed. If you have submitted this information, please disregard this note. DEPARTMENT REPRESENT A TIVE REPRESENT A TIVES' PHONE FAX DESIGNEE Engineering Dave Kelley Laurinda Logan 742-6482 742-6485 Building Don Johnson Timothy Large 742-6352 742-6352 Fire Department Steve Gale Bob Borden 742-6602 364-7382 Rodger Kemmer 742-6753 742-6357 Police Department Marshall Gage John Huntington 737-6167 737-3136 Utilities Pete Mazzella H. David Kelley Jr. 742-6401 742-6485 Public Works-General Larry Quinn Laurinda Logan 742-6482 742-6485 Public W orks- Traffic Jeffrey Livergood Laurinda Logan 742-6482 742-6485 Parks & Recreation John Wildner 742-6227 742-6233 Forester/Environmentalist Kevin Hallahan Kevin Hallahan 742-6267 742-6259 Planning & Zoning Michael Rumpf, Ed Breese 742-6262 742-6259 CHAIRMAN Revised 01114/02 S:IPlanningISHAREDlWPIPROJECTSlVenetian Villasl!s! Review comments FAX COVER doc .~ ~ CITY OF BOYNTON BEACH Fire and Life Safety Division 100 East Boynton Beach Blvd. P,O, Box 310 Boynton Beach, Florida 33425-0310 PLAN REVIEW COMMENTS For review of: NWSP 03-021 1st review Reviewed by: Venetian Villas SW 13th St. & SW 23rd Ave. 4?~ Rodqer Kemmer, Fire Protection Enqineer Project Name and Address: Department: Fire and Life Safety Phone: (561) 742-6753 Comments to: Sherie Coale bv email on 10/28/03 Code Requirements Design documents where underground water mains and hydrants are to be provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. Prior to Fire Department approval of a building permit, new construction projects must provide the results of a hydrant flow test indicating a fire flow not less than 1500 gpm @ 20 psi above domestic use. This applies to new or existing hydrants within the required 200 ft. of the facility. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an Administrative Order dated May 9, 2001, that provides the minimum performance for all security gates and emergency access. Emergency access shall be provided at the start of a project and be maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. Emergency access roadways must be firm and unyielding, having a bearing value of not less than 40 (i.e. LBR 40), compacted to 98% of the maximum density as determined by AASHTO T180, in accordance with the FOOT Standard Specifications for Road and Bridge Construction (2000) Division II, Section 160, STABILIZING. A copy of the test results shall be provided and accepted prior to above grade construction. Testing frequency shall not be less than that specified in the FOOT Sampling, Testing and Reporting Guide, or as required by the Fire Marshal. The roadway shall be maintained free from ruts, depressions, and damage, and at the required bearing value for the duration of it's intended use. City Ordinance Section 9-6, 3. /7-11 requires approved automatic fire sprinkler systems throughout all buildings or structures in excess of 30 ft. in height as measured from finish ground floor grade to the underside of the topmost roof assembly. cc: Steve Gale Bob Borden Thp rih. ofRoJ.ntnn Rp.n~h DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org October 27, 2003 Mr. Masoud Atefi MSCE, Senior Traffic Engineer Palm Beach County Traffic Division Department of Engineering and Public Works P.o. Box 21229 West Palm Beach, Florida 33416 Re:Traffic Study: Venetian Villas NWSP 03-021 Dear Mr. Atefi: The enclosed traffic generation statement, prepared by Miles Moss & Associates, Inc. Consulting Engineers was recently received by Planning and Zoning for the above-referenced application. Please review the enclosed information for conformance with the County's Traffic Performance Standards Ordinance, and provide Tim Large, Building Code Administrator and me with your written response. If you have questions regarding this matter, please call me at (561) 742-6260. Sincerely, ~~ Michael W. Rumpf Director of Planning and Zoning MWR/sc S,\Planning\SHARED\WP\PROJECTS\Venetian Villas\New logo traffic ltr,dot CrfY OF BOYNTON BEACH, FLORIj'jA INTER-OFFICE MEMORANDUM ---- TO: Michael W. Rumpf DATE: Dir. of Planning & Zoning 11/13/03 Fll..,E: NWSP 03-021 FROM: Off. John Huntington Police Department CPTED Practitioner SUBJECT: Venetian Villas REFERENCES: Site Plan ENCLOSURES: I have viewed the above building plans and have the following comments: Show placement of traffic control signs. ~ Plannin2 Memorandum: Forester / Environmentalist To: Michael Rumpf, Director of Planning and Zoning From: Kevin J. Hallahan, Forester / Environmentalist Subject: Venetian Villas New Site Plan - 1st Review NWSP 03-021 Date: November 10, 2003 Existin2 Trees Mana2ement Plan Sheet TD-l The Landscape Architect should review the tabular mitigation for the 408-caliper inches of existing trees proposed to be removed and show all 408-caliper inches of replacement trees as Quercus virginiana, and / or Swetenia mahogany. These replacement trees should be of the height, canopy spread and caliper to visually buffer the proposed structures between the top of beam and top of ridge building heights. These replacement trees should be located along the South and East property areas and shown by a separate symbol on the landscape plan. The replacement trees should be placed along the outside perimeter of the buildings to visually screen the structures from the surrounding residential neighborhoods. Landscape Plan Sheet L-2 1. The landscape design does not include the City signature trees (Tibochina granulosa) at the ingress / egress area to the site. All trees and Palms must meet the minimum size specifications for trees of 3" caliper, 12'-14' height. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C.3.N.] 2. The Tree & Palm Planting Detail should include a line on the drawing indicating where the: a. diameter at breast height (4.5 feet off ground) of the trees are to be measured for a minimum of3" caliper at time of planting, b. overall height of the tree or palm is to be measured at time of planting, c. clear trunk, clear wood, gray wood or tk is to be measured at time of planting. 3. The Plant List should indicate a minimum of 50% native / xeriscape species of trees, shrubs, and ground covers plants. 4. The applicant should add a note that all utility boxes or structures (not currently known or shown on the plan) should be screened with Coco plum hedge plants on three sides. 5. The applicant should show an elevation cross-section detail indicating how the height of the proposed landscape material will visually buffer the proposed driveway areas from the Golf Road and S.W. 13th Street rights-of-way. Irri2ation Plan-No Irri2ation plan included in the submittal 1. The irrigation system design should be low volume water conservation using non- portable water. 2. Turf and landscape (bedding plants) areas should be designed on separate zones and time duration for water conservation. 3. Trees should have separate irrigation bubblers to provide water directly to the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] Kjh Coale, Sherie From: Sent: To: Cc: Subject: Wildner, John Monday, November 17, 200310:27 AM Coale, Sherie Johnson, Eric; Large, Tim; Majors, Wally Venetian Villas The Recreating and Parks Department has reviewed the Venetian Villas Site Plan, The following comments are submitted: Recreation Facilities Impact Fee - 50 single Family attached Units X $770 ea = $38,500 - Fee is due at the time of the first applicable building permit. Other Comments provided. The development on the public - Private Recreation provided is limited to a pool and cabana area. Very little common green space is limited provision of private Parks and Recreation facilities will increase the impact of this Parks and Recreation System. 1 VENETIAN VILLAS NWSP 03-021 1 st Review Planning November 14, 2003 The proposed "outfall #1" may negatively impact the existing flora and fauna in the Lake Worth Drainage District (LWDD) Canal adjacent to the subject property. Any discharge into the canal will require all then the necessary permits from the L WDD. A drainage statement is required prior to the Technical Review Committee meeting (Chapter 4, Section 7.F.2.). The traffic impact analysis must be approved by the Palm Beach County Traffic Division for concurrency purposes prior to the issuance of any building permits. The project must obtain approval from the School District of Palm Beach County regarding school concurrency prior to the issuance of a building permit. It would be preferable to have this approval prior to the Planning & Development Board meeting (December 18, 2003). On the site plan tabular data, there should be no distinction between gross and net acreage. Eliminate the "gross area" from the data. Also, the area of the subject lot should match between the site plan and the survey (Chapter 4, Section 7.E.). The site plan tabular data should indicate the Future Land Use (FLU) for the subject property. The High Density Residential (HDR) underlying land use allows for 10.8 dwelling units per acre. Indicate the maximum allowed and proposed densities. The "Unit Types: A, B, C, and D", as shown on the site plan tabular data, should indicate the number of bedrooms (Chapter 4, Section 7.B.), This shall correspond to the floor plan. The site plan tabular data should accurately indicate the project's required parking. Two (2) parking spaces per each unit plus five (5) spaces for the recreation area equals 105 parking spaces. The site plan should indicate the FLU and the Official zoning districts for the abutting properties. Will the proposed townhouse units be fee-simple? If so, please show their lot lines. Will there be a provision for outdoor patios, interior fencing between each unit, screen enclosures, or solid- roof enclosures? Please discuss these amenities with staff prior to the Technical Review Committee meeting. Will an on-site lift station be required as a result of this development? Ifso, indicate its location on the site plan. Will emergency vehicle ingress / egress be provided at the cul-de-sac of Southwest 13th Street? This point must be approved by the Fire Department. Please label it on the site plan, The security fence may not exceed six (6) feet in height (Chapter 2, Section 4.1.1.). The decorative trellis may not be more than 10 feet in height. On the detail (sheet A-F-l), indicate all dimensions to ensure compliance with these restrictions. In the past, staff has allowed the supporting columns to exceed this height restriction (of up to 7 feet in height). Also, what will be the color of the fence and its supporting columns? Provide a detail of the fence proposed around the pool/clubhouse area, including its dimensions, material, and color (Chapter 4, Section 7.D.), As proposed, the site plan tabular data indicates the coverage of the building footprint (29.39%) and the landscape area (35%) but not the remaining 64.39% of the project's land area. Please clarify (Chapter 4, Section 7.E.). The number of units, as indicate on the floor plans "A-A" through A-D", when added together, should equal 50 units to match the site plan tabular data (they only add up to 48 units). Please clarify. No need to submit a roof plan with this packet (Chapter 4, Section 7). The vehicular back-up distance behind each garage is subject to the Engineering Division of Public Works' review and approval. The queuing distance at the entry gate will be subject to the Engineering Division of Public Works' review and approval. Provide a detail of a typical parallel and 90 degree parking stall. Its dimensions and location are subject to the Engineering Division of Public Works' review and approval. Each survey should be signed and sealed (Chapter 4, Section 7.A.). Copies are not permitted. Provide a side elevation of all buildings (Chapter 4, Section 7.D). All elevation drawings should dimension the mid-point of the roof, between the top of the tie-beam and the top of ridge (Chapter 4, Section 7.B.). The elevation drawings of the pool cabana building (sheet A-PC-I) shall include the manufacturer's name and color code. Also, on the elevation drawings, staff recommends using a "color schedule" to identify each proposed color (Chapter 4, Section 7.D,). Include a color rendering of all elevations prior to the Technical Review Committee meeting (Chapter 4, Section 7.D.2.). Include color swatches. The entrance (proposed on Golf Road) can be no wider than 36 feet (Chapter 23, Article II, Section H.I.). Staff recommends extending the landscaped median to the property line. If landscaped medians are extended, consider incorporating pedestrian refuge islands into their design. The typical drawing of the freestanding outdoor lighting poles must include the height and color / material. The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value (Chapter 9, Section 10.F.I.). Place a note on the site plan that all above ground mechanical equipment such as exterior utility boxes, meters, transformers, and back-flow preventers shall be visually screened (Chapter 9, Section 1O,CA.), On the landscape plan, ensure that the plant quantities match between the tabular data and the graphic illustration. All trees, if proposed as trees, must be at least 12 feet in height and three (3) caliper inches at the time of their installation (Chapter 7.5, Article II, Section 5.C.2.). This would apply to the Silver Buttonwood, Dahoon Holly, Simpson's Stopper trees, Fifty percent (50%) of all site landscape materials must be native species (Chapter 7.5, Article II, Section 5.P). On the landscape plan provide the overall percentage of native plant material by the following categories: canopy trees, palm trees, shrubs / accents, and groundcover to ensure compliance with this code requirement. Staff recommends using an asterisk to identify the native plant material. All shrubs and hedges are required to be at minimum 24 inches in height, 24 inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5,CA,). A signature tree (such as a Yellow Elder, Tibouchina Granulsola, or Bouganvillea) is required at both sides of each project entrance / exit. The signature trees must have six (6) feet of clear trunk if placed within the safe-sight triangle (Chapter 7.5, Article 2, Section 5.N.). Alternative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant material (for the signature tree requirement) will be subject to the City Forester / Environmentalist review and approval. Install low-growing groundcover on the street side of the neighborhood development signs. When wall or fences are constructed along rights-of-way (for multi-family projects), a hedge or other groundcover is required along the street side of the fence along Golf Road and Southwest 13th Street (Chapter 2, Section 4.J.1.). The subdivision wall sign(s) may not exceed 32 square feet in area. On the detail (sheet A-F-l), please indicate the proposed area to ensure compliance with this restriction (Chapter 21, Article IV, Section 1.D.). Staff recommends screening the AlC units with either landscaping or a knee wall. Label the location of the AlC pads on the site plan. Staff recommends connecting the internal sidewalk to the sidewalk that will be required along Golf Road. Also, staff recommends incorporating a meandering pedestrian walkway within the perimeter of the subject property. Is one (1) mail kiosk sufficient for the entire development? Staff recommends installing another mail kiosk near the pool/cabana area. 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Very little common green space is provided. The limited provision of private Parks and Recreation facilities will increase the impact of this development on the public Parks and Recreation System. 1