CORRESPONDENCE
STONE
Lynne Matson-Mayor, Pro-
City Hall
P.O. Box 310
Boynton Beach, FL 33425
Dear Mrs. Matson,
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OCT, 0 1995 ,. I
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YEN HOMEOWNERS ASSOCIATION I rn
P,O. BOX 3341 0
YNTON BEACH, FL 33424-3341
October 10,
PLANNING AND
ONING DEPt
The Board of Directors 0 Stonehaven Homeowners Association would like to thank
you so much for your bac . g of the Knuth Road PCD extension. We thank you for
allowing this extension for e building of the station on Boynton Beach Boulevard so
that in turn, our neighborb will be protected and secure.
We are sony that it has
to Seattle, and the new Bo
en this long to thank you, but our Secretary was transferred
of Directors was elected at the end of September.
Again, accept our heartfi t thank~ for your support.
Sincerely,
~ ames Strole, Secretary
Stonehaven Homeowners Assoc.
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Quail Ridge Countl'y Club
3715 Golf Road, Boynton Beach, Florida 334:
(407) 737-5100
August 9, 1995
Commissioner Sid Rosen
City of Boynton Beach
P. O. Box 310
Boynton Beach, FL 33425-0
m & @ & a w7'r-'~),
. ,In I
U AUG I 4 1995 i151
PLANNING AND (\,\. ,
ZONING DFPT. td~
Dear Commissioner Rosen:
Members of the Quail . dge Country Club are quite concerned about the decision of the
City Commissioners to reconsi er allowing a gas station at the Winchester property on Boynton
Beach Boulevard. As an abutt ng neighbor consisting of approximately 1,000 units, we are
appalled that the Commissione would even consider a gas station in such a location along a major
thoroughfare. Not only would traffic ingressing and eggressing this location constitute a traffic
hazard but the turnaround dir ly in front of the Quail Ridge entrance on Boynton Beach
Boulevard would become an a ident waiting to happen. In addition, new gas station regulations
requiring such businesses to located at the intersections of major roadways should not be
ignored. They obviously were passed in 1992 for a reason, and to grandfather in the Winchester
project goes against the grain good City planning.
Most importantly, we h ve a concern for the quality of life in our area and along Boynton
Beach Boulevard. We have a ber of visible upscale communities stretching from the turnpike
to Quail Ridge only to see the e tablishment of an outdoor Farmer's Market across from Lexington
Lakes and now a gas station. hat happened to the projects and the insight involved in attempting
to beautify the City and make it an attractive and exciting place to live? We have three gas stations
on the corner of Congress and oynton Beach Boulevard, and it is difficult to believe that you
would consider a fourth at such a location adjacent to an upscale community.
There can be no secret t the Winchester's have secured approval from the Stonehaven
Homeowner's Association who sold-out for a protective wall and two gate houses at their
entrances. Quail Ridge is only ooking to receive protection of its property rights and hopefully
you will vote in the best interes of the people rather than for the financial interests of the
Winchester family.
Quail Ridge and other c untI)' club communities create a favorable impact on the reputation
of the City n as you participate 'n planning the growth of the community, please don't lose sight of
the big picture which is to deve p a safe, attractive environment for its residents.
Sincerely yours,
(tru~e~~
Community General Manager
jPB: bjs
. STONEHAVEN He.. IEDWNERS ASSOL.ATION, INC.
P.O. Box 3341
Boy ton Beaoh, Florida 33424.3341
June 6, 1995
City of Boynton Beac
City Hall
100 East Boynton Bea
Boynton Beach, Flori
Boulevard
33435-0310
RECEIVED
111\1 1 '> 1u95
\ U'i " .
Attention: Carrie P rker, City Manager
CITY MANAGER'S OfFlCE
Re: Knuth Road PCD
-----~
Dear Ms. Parker:
It has come to 0
denied the request 0
PCD, for an extensi
service station to
intersection of Knu
matter is of critica
r attention that the City Commission recently
Bill Winchester, the owner of the Knuth Road
n of a previously granted approval for a
e located at the southwest corner of the
h Road and Boynton Beach Boulevard. This
concern to our Association and its members.
It is our under tanding that the property to our south, known
as Tara Oaks POD, is currently under contract for the development
and sale of resident'al townhouses and that, in conjunction with
that development, uth Road will be constructed from its
intersection with Wo lbright Road north to the L-25 canal, which is
located at the sout end of our community. It is further our
understanding, that oth the City and Palm Beach County are anxious
to have the balance of Knuth Road, the portion which would run
along the western bo dary of our community, completed as soon as
possible so as to reduce the traffic at the intersection of
Congress and Boynto Beach Boulevard and to provide an alternate
means of access to he Boynton Beach Mall from properties to the
south.
In June 1990, hen the Knuth Road PCD was first before the
City for zoning app oval, we communicated our concerns regarding
Knuth Road both to r. Winchester and his representatives and to
the City. The Cit Commission made it clear that the eventual
construction of Knu h Road was inevitable. We explained to Mr.
Winchester that the right-of-way for the road was located in very
close proximity to he western-most homes within Stonehaven and
that we were concer ed about the adverse impact of the road upon
property values and our quality of life. Mr. Winchester agreed,
and that agreement w s reduced to writing, that when the Knuth Road
PCD was developed, he property owner would construct a masonry
wall and landscape buffer between the western boundary of our
community and Knuth oad, so as to mitigate the adverse impact upon
our community. At e time we entered into our agreement with Mr.
Winchester, we reco nized that it would be unreasonable to require
.
City of Boynton Beach
City Hall
June 6, 1995
Page Two
him to construct the w 11 and landscape buffer until the Knuth Road
PCD property was und r development and therefore generating a
source of funds for co struction. In addition to the construction
of the wall and land cape buffer, Mr. Winchester also agreed to
make a contribution to ard the cost for establishing guard gates at
the entrances to our ommunity.
La ter , when Mr.
loca ting a service s
discussed this with u
we, as the only res
limits of Boynton
objection. He then
from the City.
Winchester first discussed the idea of
ation on the Knuth Road PCD property, he
and we indicated to him, at that time, that
dential community located within the City
each that is directly affected, had no
btained site plan approval for the station
We recognize tha Knuth Road is going to be built eventually.
Requiring that this e done before development of the Knuth Road
PCD property, however will create an unbearable situation for our
community. It could e years before the wall and landscape buffers
are built. The Cit has full power and authority to grant the
extension requested Mr. Winchester and it is our understanding
that the developmen of the service station will be in full
compliance with all oncurrency requirements. From the point of
view of our communit , this situation presents to the City one of
those rare opportuni ies to achieve the best of all worlds. This
is a win-win-win si uation. The approval of Mr. Winchester's
extension request wi I be a winner for Mr. Winchester because it
will permit him to se I a portion of his property. The approval of
Mr. Winchester's ex ension request will be a winner for our
community, both beca se we will have, in close proximity, a well
designed, attractive, service station for our use, to which we will
have access without having to struggle through the traffic at
Boynton Beach Boulev rd and Congress Avenue, and because it will
provide us with buff rs to Knuth Road traffic which will, in turn,
mitigate any adverse impact upon our community. The approval of
Mr. Winchester's ex ension request will be a winner for the
citizens of Boynton Beach because it will permit the timely
construction of Knut Road from Woolbright Road to Boynton Beach
Boulevard at one ti and as one project simultaneously with the
Pulte Homes townhous development of the Tara Oaks property.
We are wri ting
request that you mak
and to all members 0
to them our request
next City Commissi
requested extension
the only residentia
.
to you in your capacity as City Manager to
copies of this letter available to the Mayor
the City Commission and that you communicate
hat they bring up for reconsideration, at the
n meeting, the issue of Mr. Winchester's
f the service station approval. Since we are
development within the City that is directly
City of Boynton Beach
City Hall
June 6, 1995
Page Three
impacted by the servi
indicated our unquali
we trust that the
opportunity and grant
.
e station and have, by this letter, clearly
ied support for the approval of the station,
commission will seize upon this unique
the extension as requested.
Very truly yours,
STONEHAVEN HOMEOWNERS'
ASSOCIATION, INC.
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Rog Bennett
Its President
By:
Klldey It Aaoclet_
Landscape Architectsl Planne
1551 Forum Place
Suite l00A
West Palm Beach, Florida
(4071 689-5522 · Fax: (4071
March 6, 1995
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MAn 8' . [!!I
PLANNING AND
ZONING DEPT.
Ms. Tambri Heyden, P nning Director
City of Boynton Beach Planning & Zoning Department
100 East Boynton Bea h Blvd.
Boynton Beach, FL 3 25
Re: Knuth Road P. .0. and Boynton Beach P.C.D. Time Extensions
Our Project No. 799.16
Dear Ms. Heyden,
Thank you for meeting with Bill Winchester and myself last week to discuss the
Time Extensions for B ynton Beach P.C.D. and Knuth Road P.C.D. As of this
date. I am still waiting or verification from the County Engineer that phasing for
each of the above p~ ects would only occur after the trips generated by each
project exceeds 3,36 trips per day. This number Is the number that was
calculated by our traffi engineer, Mr. Robert Rennebaum, in assigning the 1 %
that Is allowed to utiliz Gateway Boulevard and working the trips backwards to
the site based upon t assignments contained in the original traffic study.
As you are aware, Mr. inchester is concerned that this project is being required
to retroactively meet aslng requirements when there are many other projects
in the City of Boynton each which have received extensions without any phasing
requirement. For that eason, we are requesting an agreement with the City that
either project be allo ed to utilize all or part of the 6,722 total trips that the
projects would be all ed before the requirement of phasing. In other words,
since each project wo Id be permitted to generate 3,361 trips It makes sense that
we be allowed to assl n either all or part of the trips to one project as it is likely
that one project will m ve ahead quicker than the other project.
One additional issue hich we discussed at our meeting which we would like to
have resolved at the ti e of the consideration of the extension request is the fact
that the Knuth Road P. .D. has an approval on it's Master Plan including a service
station. While we are ware that the service station criteria which was adopted
after this approval wo Id not allow this use at this comer, our ability to proceed
Ms, Tambri Heyden
March 6, 1995
Page 2
using our approved m ter plan is very important. In all probability, based on
some very recent disc ssions with users of the Knuth Road P.C.D., we believe
that the service station se will in fact be the first phase of the development of this
center. Additionally, w h the construction of the service station, we hope to be
in a position to constru t Knuth Road from its current terminus and is southerly
to the canal crossing. ( ara Oaks P.U.D. will continue this construction southerly
to Woolbright Road.)
At this time. we expect he petition to be heard by the Planning Commission on
March 14, 1995. I will make myself available at any time should you wish to
discuss these matters f rther. I will continue to seek written confirmation from the
County Engineer that t e phasing requirement referenced In this letter Is In fact
correct. , '.
Kieran J. Kilday
Kilday & Associates, In .
CC: Mike Schroeder
Bill Winchester
Kilday It AuocI~
Landscape Architectsl Planne
1551 Forum Place
Suite l00A
West Palm Beach, Florida 1
(407) 689-5522 . Fax: (407) -2592
November 23, 1994
Ms. Tambri Heyden, Director
City of Boynton Beach Planni g & Zoning Department
100 East Boynton Beach Blv .
Boynton Beach, FL 33425
RE: Request for Time Exte sions
PROJECTS: Tara Oaks P.U. . (Ordinance 90-75)
Knuth P.C.D. ( inance 90-70)
Boynton Beach oulevard P.C.D. (Ordinance 90-73)
Dear Ms. Heyden,
This letter will serve as a form I request to have the City Commission of Boynton Beach
review the status of the abov three (3) Planned Developments and to grant further time
extensions for their commenc ment of development. I have reviewed your Zoning Code
in an effort to determine the oper procedure for extending these project approvals. It
appears that the only process available at this time is contained in Section 9, Article 13,
Time Limitation for Develo nt of Pro e . In fact, this section was the basis for a
similar review of the Capitol rofessional Center PCD (located at the southeast comer
of Knuth Road and Old Boynt n Road). In that case, the Commission, after determining
that the existing Planned Co mercial Development zoning was the most appropriate
zoning for the property, grant an indefinite time extension. I have attached the staff
report and time extension lett r for your review.
.---
All three (3) of the above referenced Planned Developments were approved on
December 18, 1990. ' Since t at time, while there has been some activity concerning
each of the projects, there h not been formal final development plan approval and/or
construction. The original ei hteen (18) month time limit of the approvals would have
expired on June 18, 1992. H wever, on June 16, 1992, the City Commission approved
our request to extend the expi tion dates of the three (3) planned developments for one
(1) year until June 17, 1993 (s e attached letter from Chris Cutro dated June 29, 1992).
No action or review has take place since that time. Due to the down swing in the
economy, the property ow ers have been unable to successfully commence
development which, in this c se, is recording of a plat of record for the first phase of
development. However, the roperty owners have worked continuously on all three
projects since the last extensi n in an effort to commence development.
ill \:/ ~: w ~ ill
i~ ,~gtA~ b
Ms. Tambri Heyden
November 23, 1994
Page 2
Since the expiration of the ti e extension on June 18, 1993, the properties have been
in a sort of limbo. If you r all, the two commercial properties were annexed into the
City of Boynton Beach at the same time that they were rezoned. Therefore, the Planned
Commercial Development Z ning District is the only zoning district that has ever been
assigned to them within th City of Boynton Beach. With regard to the Tara Oaks
property, the project was al eady an existing Planned Unit Development when it was
modified to its current ma ter plan status. Therefore, assuming that the Planned
Development approvals hav expired for all three projects, I have no idea what the actual
underlying zoning would be. I believe that is why the provisions of Section 9, Article 13
were provided in the Code. s in the case of the Capitol Professional Center PCD, the
projects clearly need to be visited by the City Commission to determine whether the
existing zoning is the most ppropriate zoning and, assuming that it is, formal action
should be taken regarding t e extension of these approvals.
Needless to say, my clients e actively seeking extensions of these approvals. Despite
the economic problems whi prevented these projects from moving to the next step in
the development process, t ere has been activities undertaken throughout the entire
timeframe of the approvals t ready these projects for development. For the purpose of
your analysis regarding the status of these projects, I have prepared a summary of
activities for each project b ow. Additionally, I will be calling your office to set up a
meeting to review these proj ts with you and I will be prepared to be present at the time
of their consideration by the ity Commission. At this time, I am not aware of any formal
application procedure. How ver, if there is an application document, we will be ready
to submit it to you promptly.
I. Tara Oaks Planned Unit Development. This project received a rezoning
approval from P.U.D. Planned Unit Development with a land use intensity of 4.0
to a P.U.D. - Plann Unit Development with a land use intensity of 5.0. This
project also received a land use amendment approval from Low Density
Residential to Medium ensity Residential. Both of these ordinances were passed
on final reading by th City Commission on December 18, 1990.
As part of the rezoni g and land use approval, the applicant entered into an
agreement with the S onehaven Homeowner's Association which required the
applicant to commit t numerous conditions of approval including providing a
buffer wall on the proj 's north property line along with a twenty-five foot wide
landscape buffer and 40' setback for all buildings from the north property line
of Tara Oaks P.U.D. ( opy attached.) This agreement is still active and binding.
Since the approval of he project the applicant has done the following:
1 . Pursuant to the approved master plan, the south portion of the property
was designated for utilization by a church. In fact, this property was sold
Ms. Tambri Heyden
November 23, 1994
Page 3
to the Church Jesus Christ of Latter Day Saints on June 26, 1992 (see
attached warra ty deed). Therefore, the Planned Unit Development now
has two separa e owners, the applicant and the church.
2. In order to de lop this first phase for the church parcel, the applicant
requested an proval for road improvements for the Tara Oaks P.U.D.
This request w made by Rick Rossi of Rossi & Malavasi Engineers, Inc.
to construct a ortion of Knuth Road at the south end of the Tara Oaks
P.U.D. to acc modate the pending purchase of the church parcel.
Subsequently, n June 2, 1992 the City Commission granted approval of
the partial Knut Road improvements required by the Tara Oaks P.U.D.
(see attached I er dated June 12, 1992 from Chris Cutro). Also attached
is a letter from he Boynton City Engineer dated June 19, 1992 indicating
what additional ork was required to obtain a land development permit for
the road cons ruction. The applicant expended over $4,000.00 in
conjunction w h obtaining approval of these preliminary plans.
Additionally, th applicant has obtained the previous construction plans
from the previo s owner which will be modified in order to obtain final
permits. (It sho Id also be noted that over $100,000.00 has been set aside
in an escrow a count to guarantee construction of this portion of Knuth
Road at such ti e as the church is ready to pull building permits for the
development of the site.)
3. The applicant as complied with the zoning condition of approval to
dedicate to the ity of Boynton Beach twenty-five (25) feet for Knuth Road
pursuant to the attached right-of-way deed (ORB 7324, Pg. 1159, dated
June 26, 1992).
4. The applicant h s expended over $28,000.00 for the construction of the
canal crossing t the intersection of Woolbright Road and Knuth Road.
Attached is corr spondence concerning the canal crossing including:
a. A letter d ted April 24, 1992 from the Department of Environmental
Resourc Management indicating that no permit would be required
pursuant 0 the Palm Beach County Wetlands Protection Ordinance.
b. A letter m South Florida Water Management District granting a
permit ex mption dated April 29, 1992. This letter indicates that the
South FI rida Water Management District will not be analyzing the
surface ter management system.
Ms. Tambri Heyden
November 23, 1994
Page 4
c. A letter d ted May 8, 1992 issuing a permit for the culverting of
Knuth R ad from the Florida Department of Environmental
Regulatio .
d. A letter d ted June 11, 1992 from the Lake Worth Drainage District
approvin the permit for the Knuth Road/Woolbright Road
intersecti n and culvert at the L-26 canal.
e. A letter f~ m the Lake Worth Drainage District dated April 14, 1993
indicatin final acceptance and final inspection of the Knuth Road
culvert c~ ssing.
1. A permit om the Palm Beach County Land Development Division
dated J ne 18, 1992 for Right-of-Way Construction indicating
approval to connect Knuth Road into the north right-of-way of
Woolbrig t Road.
g. Three (3) letters from the City consultant, Gee & Jenson, dated
January 18, 1993, April 9, 1993 and May 4, 1993. These letters
reference City Commission approval for the extension of Knuth Road
to the T ra Oaks church site and correspondence regarding
construct n plans that were prepared and submitted by Rossi &
Malavasi 0 the City for approval.
5. Received appro al for an excavation and fill permit by the City Commission
on April 8, 1993 or the construction of Knuth Road (see attached minutes).
6. Cleared Knuth oad right-of-way pursuant to a clearing and grubbing
permit for $6,00 .00.
7. Requested a mi or amendment to the master plan to amend a condition
of approval reg rding construction of Knuth Road from the Stonehaven
P.U.D. on the orth to Woolbright Road. This request was made on
June 15, 1992 a d the petitioner paid a fee of $500.00 (see attached cash
receipt) .
II. Knuth Road p.e.D. 's project received annexation, future land use amendment
approval, from County ommercial High to Local Retail, rezoning from County AR
- Agricultural Residenti I to City P.C.D. - Planned Commercial Development and
an approval for a text amendment to the City Land Use Element pertaining to
Ms. Tambri Heyden
November 23, 1994
Page 6
3. Received app oval for an excavation and fill permit from the City
Commission 0 November 16, 1993 (see attached letter dated November
23, 1993).
We have appreciated your orking with us in the past. Recently, with the economy
improving, the applicant has received significant interest in the development of all three
parcels. We are, therefore, optimistic that with the proper extensions, we can move
ahead in their development. In that regard, I am forwarding to you under separate cover
a request to finalize the imp t fee credit agreement for the construction of Knuth Road.
Please feel free to contact e if you have any questions.
cc: Bill Winchester
Michael Schroeder
AKJKljb/heyden.n16
!
JAr~-2t-'93 10: 13 ID:
L W OFF1CES
TEL NO:407-241-0798
1:1324 pel
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A
DATE: 1993
SPECIAL IlfSTRUCTIOR Attached is my corresponc1ence of even d.ate
to Chrietopher cutr .
A'I"1'OIHBYS AT tAW
PL&CB, 8U1:TB 319 - A'l'R.XtJK
22'5 GLADU !lOAD
RATa., FLO~DA 33431-7313
COPZER (407) 241-0798
~. (407) 141-0300
~KTY (305) 421-0878
BILLIKG NO:
TELBCOPY HO:
TO: J.
FROM:
0:
INCIDDDIG THIS PAGE: ,
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TO USE OJ' TBI DID OOAL OR Dt'l'I'fY lOIIBD UOVB. ZF TIm JtBADD OP
'l1nS TRDSIIISSIOIf 8 IIO'r TBB 1.DlUlaBD IlBCIPIBHT, -roo ARB BDDY
HOTInKD THAT AllY ISSIIC.DlATIOJI, DISTRIJDTIOJl OK COPYmG 01' THIS
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AS SOOIf AS POSSIBLB
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OUR
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~
RECEIVED
JAN 2 6 1993
CITY MANAGER'S OFFICE
I
SCH OEDER AND LARCHE, P. A.
ATTORNEYS AT LAW
ONE BOCA PLACE, SUITE 319 - ATRIUM
22 55 GLADES ROAD
OCA RATON, FLORIDA 33431-7313
MICHAEL A, SCHROEDER
W, LAWRENCE LARCHE'
TELECOPIER (407) 241 -0798
BOCA RATON (407) 241-0300
PALM BEACH COUNTY (407) 833 - 5605
BROWARD COUNTY (305) 421 -0878
FORT LAUDERDALE OFFICE:
141 5 EAST SUNRISE BOU LEV ARD
FORT LAUDERDALE, FLORIDA 33304
. FLORIDA BAR BOARD CERTIFIED
ESTATE PLANNING AND PROBATE LAWYER
January 4, 1993
VIA HAND DELIVERY
Mr. Christopher cutr
Director Of Planning
City of Boynton Beac
Post Office Box 310
Boynton Beach, Flori
Re:
PCD
Dear Chris:
A brief summary of the background regarding the Knuth Road
construction situati n is as follows:
1. The city omprehensive Plan contemplates that Knuth
Road will eventually be built through to connect Boynton Beach
Boulevard and Woolbr'ght Road.
2. Contrary t the requirements of applicable Codes and
ordinances, the ci t failed to require the developer of the
Stonehaven PUD to co struct Knuth Road along the entire length of
the Stonehaven proje t.
3. Since the now known as Knuth Road PCD, located
at the intersection of Boynton Beach Boulevard and Knuth Road,
was not then in the City, the City had no other property upon
which to place the b rden of completing Knuth Road other than the
Tara Oaks PUD. Thus the Tara Oaks PUD has been saddled not only
with the obligation 0 build Knuth Road adjacent to the Tara Oaks
project, but also t build the unfinished portion of Knuth Road
adjacent to the Ston haven PUD.
4. Placing th' s obligation upon Tara Oaks PUD places an
unfair and unreason Ie economic burden on that project and is
significantly hinde ing efforts to sell the property to an
apartment developer nd have the project built and added to the
tax rolls.
RECEIVED
JAN It 1993
-,
Mr. Christopher cutr
Director Of Planning
City of Boynton Beac
January 4, 1993
Page 2
5 . Our August
modify the obligatio
that the Tara Oaks
portion of Knuth Ro
since the Knuth Road
the Knuth Road PCD
II) .
request to Scott Miller was that the City
with respect to Knuth Road construction so
UD would have the obligation to build the
adjacent to that property (Phase I) and,
CD has now been annexed into the City, that
e obligated to build the remainder (Phase
As you know, he matter was brought before the City
commission for consi ration and concerns were raised by the City
Engineer and quest ons were asked by various Commissioners
regarding how the ty could be assured that the road would
eventually be comple ed if approval was given to divide the road
construction obligat on and permit the road to be constructed in
phases. The matte was tabled and we agreed to work with
representatives of t e City and the County to attempt to reach a
resolution that add essed both our concerns and those of the
city. After meeting with you and the City Engineer, we then had
our engineer discuss the issue with representatives of the County
Engineer's Office a d Bill Winchester, Rick Rossi and I then
attended a meeting ith Mr. Hurtel and Mr. Walker at County
Engineering.
As a result of
now been able to
substantially addre
suggested approach i
ur various meetings, we believe that we
tructure an approach to the problem
ses the concerns of all involved.
as follows:
have
that
Our
1. Constructi n of the portion of Knuth Road lying
adjacent to the sto ehaven PUD (including crossing L-25 canal)
would be a requirem nt of any plat approval for the shopping
center (excluding se ice station), portion of the Knuth Road
PCD. For easy ref renee, we will refer to this as Phase II
al though this is no intended to indicate which portion of the
road will be built f'rst.
2. The obliga ion to build that portion of Knuth Road
adjacent to the Tara Oaks PUD would be a requirement of any plat
approval for the mul i-family development portion of that PUD.
3. Knuth Road would also be permitted to be built on a
prior to platting c ntract basis either in two phases (in any
sequence) or all at ne time, at any time prior to plat approval
for either or both p ojects.
4.
The porti
of Phase I from the intersection at
Mr. Christopher cutro
Director Of Planning
city of Boynton Beac
January 4, 1993
Page 3
Woolbright Road, nor h to the north boundary line of the Church
parcel, which consti utes a portion of the Tara Oaks PUD, would
be built utilizing a rior to platting contract and no bond would
be required in conj nction with same. If 'the nex't por'tion of
Knu'th Road 'to be co struc'ted is the remainder of Phase I, then
prior to commenceme t of that construction, the owner of the
Knuth Road PCD (exc uding the already approved service station
site) would be requi ed to execute and deliver and agreement in
form and content rea onably acceptable to the City, pursuant to
which the property wner would agree that should it fail to
construct Phase II f Knuth Road within four (4) years after
completion of const ction of the remainder of Phase I, then the
City would, should i so elect, complete construction of Phase
II, and have a lien against the Knuth Road PCD (excluding the
service station site) to secure all reasonable costs and expenses
incurred by the cit in conjunction with the construction of
same. If, on the 0 her hand, Phase II is to be built prior to
the completion of th remainder of Phase I, then the owner of the
Tara Oaks PUD multi- mily site would be required to enter into a
similar agreement w th the city prior to the commencement of
construction of Phas II, so as to provide the City with lien
rights against the ulti-family site should the remainder of
Phase I not be const cted within four (4) years after completion
of construction of P se II.
5. In recogni ion of the economic burden placed upon the
owners of the Knuth oad PCD and Tara Oaks PUD and the fact that
the City has been p ovided with adequate protection to ensure
completion of cons ruction of the road by virtue of the
provisions of the oregoing paragraph, no bonding would be
required with respec to the construction of any portion of Knuth
Road and the City wo ld agrees to waive its two percent (2%) fee
that would otherw'se be payable in conjunction with the
construction of the oad.
6. This prop has been structured based upon the
assumption by the operty owners that they will be able to
develop their proper ies as presently zoned and approved, as it
is only from such de elopment that the necessary resources can be
obtained to pay the cost associated with the road construction.
This being the case, we need the City to agree to grant all time
extensions, as neces ary, in lieu of commencing construction or
platting, to maintai in effect the validity of all development
orders and site plan approvals with respect to the Knuth Road PCD
and Tara Oaks PUD 0 any portions thereof for a period of five
(5) years following ity Commission approval of this proposal.
, ?:fie City of
'Boynton ':Beacli
Plilnning Ct Zo ing1Jtpartment
100 'E. 'Boynton tadi 'Boukvara
P.O. 'B ~31O
'Boynton 'Bttulr.,:Ji rida 33425.0310
(407) 738.7490,:J. : (407) 738.7459
Mr. Kieran J. Kilday
Kilday & Associates
1551 Forum Place, Bl g. 100A
West Pa~ Beach, FL 33401
Dear Kieran:
This is to info
Commission approved
the Knuth Road PCD,
year.
This means that
approved by June 17,
extensions, your re
later than May 17, 1
/~ Rd. Pc
~
June 29, 1992
you that on June 16, 1992 the City
our request to extend expiration dates of
oynton Beach PCD and Tara Oaks PUD for one
the plats for
1993. If you
est should be
93.
these developments must be
are in need of further
addressed to this office no
I hope this let er is of some help to you. If you should
have any questions r this matter, please feel free to
call me.
CC/jm
Yours truly,
~~
Christopher cutro
Planning & Zoning Director
~ Ticas gateway to .t~e__(juifstrea"!..._______________