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AGENDA DOCUMENTS VY-v-;r'- ~A- 'T~g~. " PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-046 FROM: J. Scott Miller city Manager Tambri J. Heyden ~~ Acting Planning and Zoning Director TO: DATE: February 10, 1994 RE: Boynton Lakes, Plat 5, Best Homes - File No, 796 Time Extension (site plan and concurrency exemption and appeal to development order category) Please place the above-referenced item on the city Commission agenda for February 15, 1994, under Development Plans, Consent Agenda. DESCRIPTION: Robert Camerlinck of Real Estate Recovery, Inc., agent for the Resolution Trust Corporation (RTC), property owner, is requesting approval of a one-year retroactive and a one-year time extension to the Best Homes site plan approval granted October 15, 1991 for 41 townhouses. The Best Homes project is located at the southeast corner of congress Avenue and Plaza Lane and is the remaining portion of Plat 5, Boynton Lakes to be developed. The Best Homes site plan approval expired October 15, 1992. Approval of this request, which would extend the life of the site plan until October 15, 1994, would continue the project's concurrency exemption from all levels of service. The project's concurrency exemption was jeopardized at the point when the 21 month time limit for completion of bonded improvements expired and construction ceased to proceed in good faith. The project has been abandoned for approximately two years without ful1 acceptance of all bonded improvements. RECOMMENDATION: The Planning and Development Board unanimously recommended approval of this request subject to staff comments (see attached Engineering Department Memorandum No. 94-043 and utilities Department Memorandum No. 94-032) and the February 7, 1994 letter from Robert Camerlinck to myself, regarding posting surety within 60 days after transfer of title from the RTC to the new purchaser and separate payments of capacity reservation fees. There was concern at the Planning and Development Board meeting that staff's comments addressed the time frame within which construction of the remaining incomplete subdivision improvements must take place, but did not address when these improvements must be completed (see attached Engineering Department Memorandum No. 93-375, comment 3). At the meeting, the Engineering Department recommended that completion, rather than commencement, take place by october 15, 1994, the proposed expiration of the site plan. tjh Attachments xc: Central File A:BestHExt MINUTES - REGULAR CITY _JMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY IS, 1994 \ \ Mayor Pro Tem Matson stated that this parcel is the only undeveloped piece of ~i property left in the area and it is an eyesore. In some areas, the weeds are .. four to six feet high and she was concerned about children being dragged into this area. She wanted approval conditioned upon maintaining the property. Mayor Hanmening expressed concerned regarding granting time extensions in the past and felt that somewhere along the line we need to stop granting them. Vice Mayor Aguila stated that the Commission was amenable to granting exten- sions a few years ago because the economy was bad. He felt this was starting to turn around and suggested developing a policy and limiting extensions. He pointed out that about 85 percent of the infrastructure is 1n place and if these people do not get the opportunity to move forward, everything that is in the ground needs to be totally ripped out. In addition, a couple of people have indicated some interest in bidding on this and by having the extension, the base bid that the RTC would put on the project would be somewhat higher. Therefore, we would probably get somebody with a few dollars that is able to do something. Commissioner Walshak was in favor of granting time extensions if they are bene- ficial to the City and provide the City with a future window of opportunity to receive tax base from the property. Mayor Hanmening stated that because of its small size, this property is not attractive to certain developers. He felt this factor mitigates in favor of an extension for this particular parcel. Motion . Commissioner Katz moved to approve the extension conditioned on full compliance with staff comments and also Mayor Pro Tem Matson's comments, and if full com- pliance is not attained, the approval of the time extension becomes null and void. Mayor Pro Tem Matson seconded the motion. Bob Camerlinck advised that a contract has been awarded to a minority finm today to have the property cleaned up by Sunday. He was notified by Code Enforcement on February 1, 1994 that there was a problem. However, being a government contractor, he had to go through a contracting system and make sure a number of minority finms were called. The motion carried 5-0. 8. Non-Consent Agenda - Not unanimously approved by the Planning and DeveloPMnt Board None. C. Other 1. Resolution Trust Company (RTC) - Direct Sales Progrlm reference property Sale of Clipper Cove Apartments - Presentations by three - 18 - " lr' REAL EST6TE - ..__..-._......._.".~~._-_.,- R~COVERY INC February 22, 1994 Ms. Tambri Heyden Planning & Zoning Department The City of Boyton Beach 100 E. Boyton Beach Blvd. Boyton Beach, Fl. 33425-0310 RE: Boyton Lakes Plat No.5 Dear Ms. Heyden: Enclosed is a copy of our check number #2970, in the amount of $3,807.34, made payable to the City of Boyton Beach. This check represents the capacity reservation fee due for the above referenced property. The check is being delivered to the utilities department on Friday February 25, 1994. This check should meet the condition of the Utilities Department that these fees be paid within 10 days of the approval of the site plan extension by the City Commission. If you have any questions or comments on the above, please give me a call. Sincerely, ~.~ " /')- ' ;,. //' / /./ i- /' . , . "// ..,.. " / tf!:{ /,--;~ P n-u&~t.-/ --" y Robert G. Camerlinck Asset Manager cc: Terry Day Michael Christopher ill FEe 2 4 f994 C- PLANNING AND ZONING DEn 00 927 Clint Moore Road 901 Congress Corporate Plaza Boca Raton, Florida 33487 (407) 997-8400 FAX (407) 997-8484 RTC, REC REAL ESTATE RECOVERY, INC. AMDA 714900100 14 PIDGEON HILL DR.. STE. 300 ~~ STERLING. VA 22170 ~ 29701 l#/Y . 19~~/'" i- $3?tJ~3~ ~ qo.5'~c:?6 COLLARS ~. :11 FEDERAL HOME LOAN BANK OF CHICAGO 111 E. WACKER DR. CHICAGO. ILL. 60601 "'Gl? i' ~ t~. I.lI T Lt. .- M- -~~~-_. ~ ,~ " U .....'- FOR -~~~ --~-.:!!:"!!''; '!'- =---~ \ \ REAL EST6TE RgCOVERY, INC Ms. Tambri Heyden Planning & Zoning Department The City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 February 7, 1994 RE: Boynton Lakes Dear Ms. Heyden: We greatly appreciate the time you and Mr. Vincent A. Finizio, Deputy City Engineer, gave us last week to discuss the status of Boynton Lakes Plat No.5. Pursuant to our discussion of the approach that would best satisfy the requirements of the City of Boynton Beach, while at the same time, allow the RTC to proceed with the marketing of the property under its established marketing guidelines, we hereby request the following: 1) A retroactive extension of the site plan be given until October 15, 1994; 2) The conditions outlined in the Engineering Department Memorandum No. 93- 375, dated December 9, 1993, be required to be 1ulfilled sixty days after transfer of title to the purchaser of the property from the Resolution Trust Corporation in its upcoming sealed bid initiative which is tentatively scheduled for April of 1994. I will notify the Boyton Beach City Engineering Department, in writing, when the sale of the property is consummated. 3) That Condition No.1 outlined in the Utilities Department Memorandum No. 93- 516, dated December 13, 1993, be required to be fulfilled prior to the issuance of any building permits in the subject subdivision; 4) That Condition No.2 of the Utilities Department Memorandum No. 93-516 be satisfied as follows: a) The capacity reservation fee due for the retroactive period will be due prior to item being forwarded to the City Commission for approval; b) The reservation fee due for the extension request for the present year be payable within two weeks of approval by The City Commission. This will allow the RTC to expeditiously proceed with the marketing of the subject property and will pass on to the ultimate purchaser the obligation to satisfy the conditions required by The City of Boynton Beach, except the capacity reservation fees required by your Utilities Department, which RTC will fund. The documents outlining the responses from the various city departments to our request, as well as the responses from the Technical Review 927 Clint Moore Road 901 Congress Corporate Plaza Boca Raton, Florida 33487 (407) 997-8400 FAX (407) 997-8484 '. Ms. Tambri Heyden February 7, 1994 Page 2 Committee, Planning and Development Board and City Commission, will all be made a part of our Bid Package for the sale of this asset. Thus, full disclosure of all conditions and requirements imposed on this property, by the approval of the extension of the site plan, will be ensured. We appreciate your consideration to our request. Sincerely" ~ .., f . /j.i I ~/.. '//Lt:;;~,.7/ C:~.t~ ~ , --- Robert G. Camerlinck Asset Manager cc: Michael Christopher Terry Day \ I - REAL EST6TE R~COVERY INC February 10, 1994 Ms. Tambri Heyden Planning & Zoning Department The City of Boyton Beach 100 E. Boyton Beach Blvd. Boyton Beach, Fl. 33425-0310 RE: Boyton Lakes Plat No.5 Dear Ms. Heyden: Enclosed is a copy of our check number #2882, in the amount of $7,557.86, made payable to the City of Boyton Beach. This check represents the retroactive capacity reservation fee due for the above referenced property. The check is being delivered to the utilities department on Friday February 11, 1994. This check should meet the condition of the Utilities Department that these retroactive fees be paid prior to submitting the request for site plan extension to the City Commission. If you have any questions or comments on the above, please give me a call. Sincerely, C6-1,j 7~~ Robert G. Camerlinck Asset Manager cc: Terry Day Michael Christopher ftlJ' ,- QAI\A. v PlANNING AND ZONING DEPt. 927 Clint Moore Road 901 Congress Corporate Plaza Boca Raton, Florida 33487 (407) 997-8400 FAX (407) 997-8484 ~ ",,~.,~- ~~ - - ~ 'T1 o ::D ." m C m ::D )> r- :t o ~ O~3: ~ :;~m ~ ~mr- ."- 8 ~ g "--oz )r-^lD r-m)> ~ ~::o Z ~g~~ o :t (; l) o ill I ~!-3 - - ... C ",HUH .Il~< ~ ~ 1 ~ ~ 1~ ~ o ..,I ~ 0.'-1 ~ .... ~ ~ .... - )> C> ::c en \":0 0004 o :tJ m o ~ :D J:! m cnO )> nl~> r- ~~~ mC/) Z::r> Ci)--.j-t -< F ~ )> >0"'0004 1\)?J~m ~cno:o "'-iO om m c.> 0 8 0 < m :0 .:< i ill 'I .,; I I: Ii ! 1\1 I i .' " f; Ii I. f '. ---- ~ I z o I, i '. Ii, ~ i' '. , t i .. I ~ ~ ~ , ,I I~ I. Ii I' I II' !~j :~ ~ Ili"1 N Ii \. ENGINEERING DEPARTMENT MEMORANDUM NO. 94-043 TO: Tambri J. Heyden Acting Planning & Zoning Director J~mes D. .White, P.E~~) Cl ty Englneer F ,//v February 3, 1994 FROM: DATE: RE: Response to Planning & Zoning Dept. Memorandum No. 94-038 Boynton Lakes, plat #5 Real Estate Recovery, Inc. Request for Time Extension to Complete Required Infrastructure Improvements Planning Department File No. 796 The Engineering Department for the City of Boynton Beach is in receipt of the February 1, 1994 letter from Real Estate Recovery, Inc. as provided by your office. Attached for your review and consideration is a copy of Engineering Department Memorandum No. 93-375, dated December 9, 1993, where in condition of approval #1 this office stated that "the applicant shal1 submit (within 60 days) surety to ensure the completion of this subdivision. . .The surety shall be in a form that is consistent with City acceptance ordinances as determined by the City Attorney, Finance Director and City Engineer. The submission of surety must be accomplished and be approved within this 60 day time frame or the approval for time extension (if approved by Commission) wil1 become null and void." Real Estate Recovery's letter, specifically item #2, attempts to modify this condition of approval specifying that prior to issuance of building permits they will submit surety. This is totally unacceptable to this office. If the developer intends to have this subdivision reactivated, Appendix "C", Subdivision and Platting Regulations requires that surety be in place and as surety has no relationship to building permits or the issuance thereof, this office stands by the requirement that surety shall be posted by the developer, be issued to this City and be in a form which complies with current acceptance ordinances. If the developer agrees to post surety, then we recommend approval of the time extension, but in the event that the developer maintains their position relative to item #2 of their letter, then we recommend rejection or denial of the request for a subdivision time extension. rn ftd ill Engineering Dept. Memo No. 94-043 February 3, 1994 Page #2 Should you require any additional information or assistance, please contact Vince Finizio, Deputy City Engineer, at ext. 6282. JDW:VAF/ck C:BLK#5EXT.CK attachment: Engineering Dept. Memorandum No. 93-375 Note: The current owner or successor in title for Boynton Lakes, Plat #5 shall be responsible to pay the City of Boynton Beach, Florida monies equal to 125% of the estimated value of street light construction for Boynton Lakes, Plat #5 and shall also be responsible to bring Plaza Lane and all internal roads into a state of compliance with minimum City construction standards pursuant to Appendix "C", Subdivision and Platting Regulations. PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-040 TO: Chairman and Members Planning and Development Board FROM: Tambri J. Heyden ~L Acting Planning ~~Oning Board DATE: February 3, 1994 SUBJECT: Boynton Lakes PUD, Plat 5, Best Homes - File No. 796 Time Extension (site plan and concurrency exemption and appeal to development order category) INTRODUCTION This request for a time extension for the Boynton Lakes, Plat 5, "Best Homes" site plan approval and concurrency exemption and appeal to development order category was postponed at the January 11, 1994 Planning and Development Board meeting, at the request of the applicant (see attached Exhibit "A" - Planning and Zoning Department Memorandum No. 94-010, distributed to the Board last month describing the nature, background and analysis of the request). The applicant, the Resolution Trust corporation (RTC), had requested the postponement in order to evaluate last month's staff comments recommended as conditions of approval (see attached Exhibit "A" - Engineering Department Memorandum No. 93- 375 and utilities Department Memorandum No. 93-516). Due to the limitations of the role the RTC has in marketing property that has been foreclosed, the RTC has proposed alternatives to Engineering comment #1 and Utilities comment #1 - posting surety within 60 days of approval and Utilities comment #2 - payment of retroactive and current reservation fees prior to the request being forwarded to the City Commission for approval. These alternatives are detailed in Exhibit "B" - letter dated February 1, 1994, from Robert Camer1inck. Regarding posting surety, the RTC proposes to post surety prior to issuance of any building permits. Regarding payment of reservation fees, the RTC proposes to pay retroactive fees prior to the request being forwarded to the City Commission for approval and pay current fees for the extension within two weeks of approval of the request. RECOMMENDATION Exhibit "C" contains responses from the Engineering Department (Memorandum No. 94-043) and the utilities Department (Memorandum No. 94-032) regarding the alternatives proposed by the RTC. The Utilities Department indicates that they have no objection to the schedule proposed by the RTC for payment of: reservation fees. However, the Engineering Department stands behind their original recommendation that surety be posted within 60 days of approval, rather than delayed to time of issuance of building permits. Therefore, it is recommended that the request be approved, subject to the comments from the Utilities Department (Memorandum No. 94-032) and the Engineering Department (Memorandum No. 94- 043) . tjh Attachments xc: Central File A:BLPlt5TE / , PLANNING & ZONING DEPARTMENT MEMORANDUM NO. 94-038 FROM: James D. White, City Engineer Peter Mazzella, Asst to utilities Director Tambri J. Heyden, Acting planning & Zoning Director~+J- TO: DATE: February 2, 1994 SUBJECT: Boynton Lakes Plat 5, (Best Homes) - File No. 796 Time Extension I received the attached fax this morning regarding the above referenced request. Please inform me whether your previous conditions have changed based on the contents of this letter. This item is scheduled for Planning & Development Board review Tuesday, February 8, 1994. Therefore, it would be greatly appreciated if you could contact me by Thursday AM, February 3rd since Board packages are delivered Thursday afternoon. TJH: frb Attachment C:94-038.frb rz7ie C-:it:y if I;8t:!!1n~on ~eacfi @,. .-,...'1 \...~ I . - zoo $. 'BDyft_.zr-o:.:Ii 'BouL;,.,.'ara !P. o. <.Be>"(. -'$.~ 0 .b""lJ""<- <Be""".... ~ JJ4.:l5-Q3Z0 Ct"Y .'.HRn:: ('40'7.) 37$-4000 :F~.:JC, ('407Y _~"$-6090 ~ACSIM~Le TnANSMIaS~ON TO~ -;;; '-:- .r::~.~~ (2..a----? ~._- -_' ~; ..( -d ~L-~ I ';:':<'7 .- / . ~ c.7 ! _. ..=::> .~ "",-:J ~ V~ .,;:; /' 6 i ~---.7~-~~-~- ~~t ___. ,a-~ ~~_L~~_~ ~__~ z5 ~~)~ ~ 72: / 4i.--- _.____ ~ ~-..c: ./' ~,_ 7'~~-'""-<- ~ ~~~~~) I -r I I I ~ PU<:.'>NE : ..&.....ROMI DA'J.'E : R1!:, .NUMBER OF PAa:s:a XNc.:!LUDING THIS COVER SHEET ~ &101 fll_ric4:S r,!;t:U_'UXI:y to tM tJ'ulfSf:'nUU'rf. ~ TRANSMISSION REPORT THIS DOCUMENT (REDUCED SAMPLE ABOVE) COULD NOT BE SENT ** COUNT ** # 3 *:** SEND *** I-~--.---.-._' ~L_~~_~.?TE.. STATION 1. 0 I 1 i L--L-_____________ .- START TIME DURATION #PAGES 2- 2-94 11 ; 52 AM 2.57" 3 ----- I TOT AL 0: 0;>. ' 57" r ~/ ~ COMMENT I ------1 OP25; OK I .-----1 XEROX TELECOPTER 7020 fJJie City of 'Boynton 'Beacli TO: PHONE: FROM: DATE: RE: 100 'E. tJJoynton tJJeadl. tJJoufevard P.O. tJJo~310 tJJoynton tJJeadt., ![lorida 33425-0310 City 1faf[: (407) 375-6000 ![!iU: (407) 375-6090 FACSIMILE TRANSMISSION ) ~/0~ -------' :J ~ ~ NUMBER OF PAGES INCLUDING THIS COVER SHEET JLmerica s (jateway to tlie (julfstream TO: FAX NO.: NO. OF PAGES: FROM: DATE: RE: REAL ESTATE RECOVERY, INC. 927 Clint Moore Roael 901 Congreu Corporate Plaza Boca Raton, FL 33487 (407) 997-8400 (407) 997-8484 . FA.X FACSIMILE 'J'RA:NS1\JIl'T AL ,In l -~~/ f..-\..~)ti f'... . d..dt_r l L.... ! I 1-1 " .~ I, -~J ./, _/1. l I "., 'V'" ,. . . --"'::.(....C~_l::>- L.-;;. 'W'II7 "" I __ // ~ r ~ oorn . __ (including this trat15miual page) .- A) .. / / j /! - i / It-) -. ~ r;;;o:(/--- C..i'.'t jUt. I...t:("~l~_~~ I ; [)/li.f.I, . ~rn MESSAGEI t'd FEB - 2 1994 .\C:l..\JC:l 31tl.LST-ltf3d \.ld80; so Vb. to a]..:J REA L EST~TE ---~-'_.'-"_. RECOVERY INC February 1, 1994 Ms, Tambri Heyden Planning & Zoning Department The City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach. FL 33425-0310 RE: Boynton Lakes Dear Ms. Heyden: We greatly appreciate the time you and 1\&. Vincent A. FLniziQ, Deputy City Enginoor, gave us last week to discuss the status of Boynton LakC:!i Plat No.;5. Pursuant to our diSCUS5IDn of the approach that would best satisfy the requirements of the City of Boynton Beac~ while at the same time, allow the RTC to proceed with the marketing of the property noder its established marketing guidelines, we hereby request the following: 1) A retroactive extension of the site plan be given until Octobe. 15, 1994; 2) The conditions outlined in the Engineering Department Memorandum No. 93- 375, dated December 9, 1993, be required to be fulfilled prior to the issuance of any building permits in the subject subdivision; 3) That Condition No.1 outlined in the Utilities Department Memorandum No. 93" 516, dat.ed December 13, 1993, be required to be fulfilled prior to the issuance of any building pennits in the subject ,subdivision; 4) That Condition No.2 of the Utilities Department Memorandum No. 93-516 be satisfied as fonows: a) The capacity reservation f~e due for the Iettoactlve period will be due prior to item being forwarded to the City Commiss.ion for approval; b) The reservation fee due for the extension request for the present year be payable within two weeks of approval by The City Commission. This will allow the RTC to expediticm.sly proceed with the marketing of the subject propert'j and will pass on to the ultimate purchaser the obligation to s4thf')- the conditions required by The City of Boynton Beach, except the capacity reservation fees required by your UtiliTies Department, which RTC will fund. The docun~ents outlining the responses from th v . city departments to our request~ as wen as the responses from the Technical 1- 927 CIIN Moore Road Q01 Co.,.. Corporale Plus Boca Raton, Florida 334a7 (407) 997.5400 FAX (407) 997.B484 FEB - 2 1994 ill PLANN'NGEAp~D IONIN 0 I. 2'd ."d/J?:t 3.l.t1JSTlf:j3(:j Wd80::;0 t'6, 1:0 !j]j..- ....- . Ms. Tambri Heyden Febmary I, 1994 Paee 2 Committee. Planning and Development Board and City Commission. will all be made a part of our Bid Package for the sale of this asset. Thus, full disclosure of all conditions . and requirements imposed on this property~ by the approval of the extension of the site plan, vY111 be ensured. We appreciate your consideration to our request. Sincerely. 'l<~.: '~;1 '/4 .~n~ .! .I I ,,/ '" . .., (;.' -. .,' . . ,'.c,.1 ' ''''(./IIU:,J;.-,I,../<.l./. v' ... , ,. '.../ . '-" ~ . I.I( . III Robert G. Camc:rlinck :) Asset Manager cc: Michael Christopher Rand Fisher 'i~ F:B~- ~ ~~ lli c'd AC:I^J::t 311jJ.ST'tl3d l,ld60: 9l \76, ~0 8::U'. ......- MEMORANDUM UTILITIES DEPT. NO. 94 - 032 DATE: February 2, 1994 TO: Tambri Heyden, Interim Planning D FROM: John A. Guidry, Utilities Director SUBJECT: Boynton Lakes, Plat 5 - Request for time extension Please be advised that we have reviewed Mr. Camerlinck's letter of February 1, 1994. We have no objection to allowing this project to proceed to the City Cormnission, if as he statl~s in item 4), the RTC will pay the reservation fee for the retroactive time period before the item is forwarded. We will depend upon your office to monitor this project's progress, and remove it from the Commission Agenda if payment is not received by the close of business on February 14, 1994. The retroactive fee for 41 units, from october 15, 1992 to February 15, 1994 would be $ 7557.86. The reservation fee for the balance of this year until October 15, 1994 would be $ 3,807.34. Please refer any questions on this matter to Peter Mazzella of this office. JAG/PVM bc: Peter Mazzella xc: Skip Milor File Assistant to the Director - 30 minutes FEB- 2-94 WED 14:52 / , / P.01 , NBNORUDUM UTILITIES DEPT. NO. 94 - 032 ~ROM; John A. GuidLY, Utilitiea Director TO; T~mh~i H~yd~n, Interim Planning D DATE: February 2, 1994 SUBJECT: Boynton Lakes, Plat 5 - Request for time exten~ion Please be advised that we have reviewed Kc.CameJ:'linck's letter of Februa~y I, 1994. we have no objection to allowing this project to proceed to the City Commission, if as be states in item 4), the RTC will pay the reservation fee for the retroactive time period before the item is forwarded. We will depend upon your office to monitor this project's progress, and remove it from the Commission Agenda if payment is not received by the close of business on February 14, 1994. The retroactive fee for 41 unit~J from October 15, 1992 to February 15, 1994 would be $ 7557.86. The reservation fee tor the balance of this year until october 15, 1994 would be $ 3,807.34. please refer any questions on this matter to Peter Mazzella of this office, JAG/PVM be: Peter Mazzella xc: Skip Milar File A88ist9nt to the Directoc - 30 minut$$ Co. Co. Dcpt. t ftd 2. c.JY1 c- m TO: FAX NO.: NO. OF PAGES: FROM: DATE: RE: REAL ESTATE RECOVERY, INC. 927 Clint Moore Road 901 Conl1". Corporate Plua Booa Ratoll, FL 33487 (407) 991..8400 (407) 9l:17..8484 . FAX E~CSIM1LE TI\ANSMITTb.~ --1 I .. ~_I It ..- Ct. '1/ I ,. ,L- , vI... l-~.. ) ) 1-. ii ...- . 1/ l fl.}','" ',..' _', . ._-4;.1:.-10:...1;;.... /..... j/ - ~) c. / I I.' - I Ii L.l. (," /- ,'1. I t ,..-,.. .. L/([:. ))i.l,t.-tL./~ L~d... (including t.'tis transmittal page) )1 .," I ' I !.) .~.:.l<\. -'" 00 MESSAGE. I'd A~^j~ 31~~S3-l~3~ WdS0:S0 t6, T0 H]J ~ '-"''''-'~-'-3 RE/\l EST.e:TE ~ . .---.....-,,--..---- R~OVER'( INC February 1 ~ 1994 Ms. Tambri Heyden Planning & Zoning Department The City of Boynton Beach 100 E. Boynton Beach Blvd, Boynton Beach, FL 33425-.0310 RE: Boynton Lakes Dear Ms. Heyden: We greatly appreciate tho time you and 1-.fr. Vincent A. Finwo, Deputy City Engineer, gave us last week to discuss the status of Bo)'nton Lakes Plat No.5. Pursuant to our discussion of the approach that would best satisfy the requirements of the City of Boynton Beach, while at the same time, allow the RTC to proceed with the marketing of the property under its established marketing guidelines, we hereby tequest the following: 1) A retroactive extension of the ::lite plan be given WItH October 15, 1994; 2) The conditions outlined in the Engineering Department Memorandum No. 93- 375. dated December 9. 1993, be required to be fulfllled prior to the issuance of an~- building permits in the subject subd.ivisic1n; 3) That Condition No.1 outlined in the Utilities Department Memorandum No. 93- 516, dated December 13, 1993, be required to be fulfilled prior to the issuance of any building permits in the subject subdivision; 4) That Condition No. 2. of the Utilities Departtnent Memorandum No. 93-516 be ,atistic:d ft3 follows: a) The capacity reservation fee due for the re!I'Oactive period will be due prior to item bein.g forwarded to the City Cor.nmi.ssion for approval; b) The reservation fee due for the extension request for the present year be payable within two weeks of approval by The City Commis~on. This wiU allow the RTe to expeditiously proceed with the marketing of the subject propcrtJ' and w1Jl p~ on to the ultimate purchaser the obligation to satisfY the conditions required. by The City of Boynton Beach, except the capacity reservation fees required by your Utilities Department, which RTC will fund. The documents outlining the responses from the variou5 city departments to our request. as wen as the response. from the Technical \n). ~ (j\l R [l \\[) I~rl~ ~ mO;,tMOONR.w ~ ~ F:S ~ ~ ~~ ;~ 901 Cong;e5t Corpor..te Piau Bo~a Raton, Florida 3~'1 (407) 09'7-8400 FAX (40'1) Q(l7-84ll4. .i/JJJ Z"o l.ci/\:)d JltJJSTitl3d lJdS0: 9:1 1:'(:" T 0 ti3.:r." . .,- ' Ms. Tambri Heyden February 1~ 1994 Page 2 Committee~ Planning and Developmcm; Board and City Commission~ will all be made a part of our Bid Package for the sale of this asset. Thus, full disclosure of all conditions a."ld requirements imposed on this property t by the approval of the extension of the site plan, will be ensured. We appreoia.te YOW' oonsideration to our request. SincerelYt I< yj . ,/ ,. ,. . / t. , /.. , /. , ,'., ' ,..- ri. ~. t.~/l.~. .L. C:J'.11/J{.1.:~"""';:'/ ~r' , vi J. /'I-'rjl'l Robert O. Camcrlin.;k v Asset Manager cc: Michael Christopher Rand Fisher [D)~@~UWI'I~ Uti FEB -2~ l~ S'd ;'.c:lA)d 31tUSTli:f3d l~d90; so viS. TO 8:3.;("-'0.--"".....: REAL EST6TE R~COVERY. INC February 1, 1994 Ms. Tambri Heyden Planning & Zoning Department The City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 ~ RE: Boynton Lakes Dear Ms. Heyden: We greatly appreciate the time you and Mr. Vincent A. Finizio, Deputy City Engineer, gave us last week to discuss the status of Boynton Lakes Plat No.5. Pursuant to our discussion of the approach that would best satisfy the requirements of the City of Boynton Beach, while at the same time, allow the R TC to proceed with the marketing of the property under its established marketing guidelines, we hereby request the following: 1) A retroactive extension of the site plan be given until October 15, 1994; 2) The conditions outlined in the Engineering Department Memorandum No. 93- 375, dated December 9, 1993, be required to be fulfilled prior to the issuance of any building permits in the subject subdivision; 3) That Condition No. 1 outlined in the Utilities Department Memorandum No. 93- 516, dated December 13, 1993, be required to be fulfilled prior to the issuance of any building permits in the subject subdivision; 4) That Condition No.2 of the Utilities Department Memorandum No. 93-516 be satisfied as follows: a) The capacity reservation fee due for the retroactive period will be due prior to item being forwarded to the City Commission for approval; b) The reservation fee due for the extension request for the present year be payable within two weeks of approval by The City Commission. This will allow the RTC to expeditiously proceed with the marketing of the subject property and will pass on to the ultimate purchaser the obligation to satisfy the conditions required by The City of Boynton Beach, except the capacity reservation fees required by your Utilities Department, which RTC will fund. The documents outlining the responses from the various city departments to our request, as well as the responses from the Technical Review 927 Clint Moore Road 901 Congress Corporate Plaza Boca Raton, Florida 33487 (407) 997-8400 FAX (407) 997-8484 rn I- tti 3 /994 Ms. Tambri Heyden February 1, 1994 Page 2 Committee, Planning and Development Board and City Commission, will all be made a part of our Bid Package for the sale of this asset. Thus, full disclosure of all conditions and requirements imposed on this property, by the approval of the extension of the site plan, will be ensured. We appreciate your consideration to our request. Sincerely, i./ . ) 7' . /" . ,1./ r 1 \",,_.. \/ . , ( ,J> lIef (.. /~ / . .//;;!) /)( Robert G. Camerlinck Asset Manager cc: Michael Christopher Rand Fisher PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-010 FROM: Chairman and Members Planning and Development Board Tambri J. Heyden J~ f2 ~~ Acting Planning and Zoning Diredtor TO: DATE: January 6, 1994 SUBJECT: Boynton Lakes PUD, Plat 5, Best Homes - File No. 796 Time Extension (site pIan and concurrency exemption and appeal to development order category) NATURE OF REOUEST Robert G. Camerlinck, agent for the Resolution Trust Corporation (RTC), property owner of the remaining phase of Plat 5 of the Boynton Lakes PUD, located at the southeast corner of congress Avenue and Plaza Lane, is requesting a one year retroactive plus an additional one year time extension (see attached 10cation map). If approved, the request would extend the expiration of the site plan submitted by Best Homes to october 15, 1994 and would exempt the project from all of the City's concurrency levels of service. BACKGROUND On December 17, 1985, Plat 5 of the Boynton Lakes PUD was approved and subsequently recorded on December 23, 1985. The subj ect portion of plat 5 included 41 townhouse units on 24 by 90 foot 10ts. On october 15, 1991, the City Commission approved a new site plan submitted by Best Homes in hopes of seeing build out of the plat and completion of the unfinished infrastructure improvements. The subdivision regulations require that infrastructure improvements be completed within 21 months of the date of issuance of the development order. Since the approval of the site plan, the property has gone into receivership and is now under the ownership of the RTC (see attached letter of request from Mr. Came!rlinck). The RTC is requesting the extension to validate the site plan approval in order to better market the property. Two sections of the code of ordinances govern this type of extension. Regarding expiration of the site plan, Part III, Chapter 4, section 5 states that "At its discretion, the city commission may extend the approval of a site plan for a one year period, provided a request for extension is filed prior to the expiration of the one year period. In granting such extensions, the city commission may impose additional conditions to conform the site pIan to current development standards.n Regarding expiration of the concurrency exemption for the project, section 19-92(e) of Chapter 19, Article VI of the Code of Ordinances states that such requests for time extensions "may be filed not later than 60 days after the expiration of said certificat1e or exemption". It furthers states that "time extensions may be! granted for any length of time which does not exceed one year". Historica11y, retroactive extensions combined with a "current" extension that equate to more than one year, have been granted under certain circumstances. ANALYSIS To date, many of the required infrastructure improvements, such as streets, street lights, utilities and sidewalks are physical1y in place. However, construction ceased approximately two years ago without the City's acceptance of all of the required improvements (water, sewer, paving, drainage and street lighting were accepted in February 1992). In addition, the existing improvements have been vandalized and are in a state of disrepair. The City stilI TO: Planning & Development Board -2- January 6, 1994 holds surety, but it is uncertain whether the surety is still valid in light of the transfer of ownership of the property. As indicated in the city's Concurrency Management Ordinance, at the point when the 21 month time limit for completion of bonded improvements expired and construction ceased to proceed in good faith, in the judgement of the city's Engineering Department, the project's concurrency exemption was jeopardized. Specifically, the "A" category development order status of thE~ plat which was exempt from all levels of service became a "Cl" category development order exempt only for drainage, neighborhood parks and traffic (reference Chapter 19, Article IV, Section 19-83(b) (1) and (b)(3) of the Code of Ordinances. As previously mentioned, the plat contains lots specifically designed for townhouse units which could not be developed for any other type of use without maj or demolition of infrastructure. Based on this and the fact that the infrastructure is so near completion (the majority of which is under City ownership as of 1992), it is not reasonable to expire the 1991 site plan, provided however the applicant submits surety to ensure completion of the infrastructure or provides assurance that the surety in place is valid. RECOMMENDATION The Technical Review Committee (TRC) met on December 9, 1993 to discuss this request. The TRC unanimously recommended that the request be granted, subject to the attached comments from the Engineering Department (Memorandum No. 93-375) and the utilities Department (Memorandum No. 93-516) regarding payment of reservation fees and submitting surety. tjh Attachments A:BL5TimEx xc: Central File ENGINEERING DEPARTMENT MEMORANDUM NO. 93-375 TO: Tambri J. Heyden Acting Planning Director December 9, 1993 FROM: Office of t~e City Enginerp'J?~ James D. Whlte, P.E. ~ City Engineer m DEe 00 RE: Boynton Lakes Plat 15 - T.R.C. Staff Comments Request for a Time Extension The above referenced plat was approved by this City on December 17, 1985. Pursuant to City Code of Ordinances, the required infrastructure improvements should have been completed on or about October 1987. As you are aware, this subdivision remains in an incomplete state reference those improvements. In accordance with discussions held during the T.R.C. meeting of this day, the Engineering Department agrees with the following disposition in this matter: 1. The applicant shall submit (within sixty days) surety to ensure the completion of this subdivision i.e. lake slopes, landscaping, roads, swales, sidewalks etc. The surety shall be in a form that is consistent with City acceptance ordinances as determined by the City Attorney, Finance Director and City Engineer. The submission of surety must be accomplished and be approved within this sixty day time frame or the approval for time extension (if approved by Commission) will become null and void. 2. The applicant shall retain the services of an engineer who is registered in the state of Florida and who shall administer the completion of construction as required by Appendix "C", Subdivision and Platting Regulations. The "Developer's Engineer" sha11 notify this office in writing specifying that he or she is retained by the applicant to so administer construction. 3. The applicant shall, prior to the expiration of the time exten- sion to October 1994 (if granted by the Commission) commence the construction of the remaining incomplete subdivision improvements or the extension shall become null and void. Lennar apparently is no longer the owner of this land and therefore the above mentioned conditions are herein provided to ensure compliance with City Codes reference the new land owners. l J.' -.---\- ^~. 6 cc: J. Scott Miller, City Manager MEMORAIfDUM UTILITIES DEPT. NO. 93 - 516 DATE: December 13, 1993 TO: Tambri Heyden, Interim Planning Di PROM: John A. Guidry, Utilities Director SUBJECT: Boynton Lakes, Plat 5 - Request for time extension This office has no objection to the referenced time extension request, with two conditions: 1) Suitable surety remains in place to cover the balance of utilities through the warranty period, and 2) Capacity reservation fees on the incompl eted buildings are paid for the retroactive, and additional time periods (i.e. two years of reservation fees). The__~nnu_a,J reservation fee on multi-family units is $138.60 per 3/4" meter, $401.94 per 1" meter, and $1,358.28 per 2" meter. In that the extension is retroactive, the reservation fee will be due prior to this i tern being forwarded to the Ci ty COImlission for approval. PI ease have the appl icant provide an up-to-dat.e uti 1 i ties pI an showing meter sizes with his payment. (Sect. 26-34(E)) Should the applicant choose to file a new site plan application in place of requesting a retroactive extension, we would consider this as a new pro ject, and onl y one year's reservation fee wi 11 be required. Please refer any questions on this matter to Peter Mazzella of this office. JAG/PVM bc: Peter Mazzella xc: Skip Milor File Assistant to the Director - 30 minutes rnm 4 1993 TECHNICAL REVIEW COMMITTEE MEMORANDUM TO: Technical Review Committee Robert Eichorst, Public Works Al Newbold, Deputy BUllding Official William Cavanaugh, Fire Prevention Offlcer Sgt. Mike Kirrman, Police Department John Wildner, Parks Superintendent Kevin Hallahan, Forester/Environmentalist Clyde "Skip" Milor, Utilitles Chief Field Insp. Vince Finizio, Engineering Department FROM: Dorothy Moore, Zoning and Site Plan Reviewer DATE: December 6, 1993 SUBJECT: Addendum to Technical Review Committee Agenda - Thursday, December 9, 1993 Please be advised that the following addJ.. tional 1 tern will be reviewed at the above-referenced meeting of the Technical Review Committee: SITE PLAN TIME EXTENSION Boynton Lakes, Plate #5, aka Best Homes requests the following: a) One (1) year retro-active time extension. b) One (1) year additional time extension. X)~~) Dorothy Moore Zoning and Site Plan Reviewer DM/jm cc: City Manager City Commission (5) Don Jaeger Chi.ef Ed Allen Charles Frederick Chief Thomas Dettman John Guidry Pete Mazzella James D. White Steve Campbell, Fire Bob Gibson, P.W. Central Flle TambrJ.. Heyden Mike Haag Mike Rumpf proj E'ct Flle Chronological File A:TRCADD.JM M E M 0 RAN DUM TO: Chris Cutro Planning Director DATE: February 5, 1992 FROM: Sue Kruse City Clerk RE: Resolution #R92-24 Attached please find a copy of the above mentioned resolution which was approved at the City Commission meeting held on February 4, 1992. r~ :~/s~e ru~~L../ Attachment c: Pete Mazzella Rossi & Malavasi Boynton Lakes Joint Venture Imas ~~~, c. "<< /' ' lJoYI1t Ity Of Y' 011 n '\ F os 1'1.. fa 0 CJcl]- 6 199,~ - Uti/if ...: f D. les Irector I MDIJRANIOt UTLITIES DEPAR'lMmT NO. 91 - 607 TO: SUe Kruse, City Clerk FRCM: John A. Guidry, utilities Director DATE : December 20, 1991 SUBJECT: Boynton Lakes North - Transmittal of dOct.ments Enclosed, please find the following original documents, for petmanent retention: l) Quit-cl~ deed for Tract N - lift station site 2} Bill of Sale for facilities in Plat 4 (two separate documents) 3) Affidavit for facilities in Plat 4 (two separate docunents) 4) Bill of sale for facilities in Plat 5 5) Affidavit for facilities in Plat 5 6) Bill of Sale for facilities in Plat 6 7) Affidavit for facilities in Plat 6 8) Bill of Sale for facilities in Plat 6-A 9) Affidavit for facilities in Plat 6-A Please refer any questions on this matter to Peter Mazzella of this office. JAG/PVM Enclosures be: Peter Mazzell a xc: File (w/enclosures) . ., / / , , \ i I GEE & JENSON Engineers-Architects - Planners,lnc. December 17, 1991 Peter Mazella City of Boynton Beach utilities Department P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Boynton Lakes Surety Reduction Bills of Sale and Lift station Deeds Dear Pete: Please find enclosed the original Quick Claim Deed for the Lift station in Plat 4 and the Bill of Sale for the public facilities in Plats 4, 5, 6, and 6A. This is on the agenda for surety reduction on December 17, 1991. Very truly yours, GEE , JENSON Engineers- W. Richard staudinger, city Engineer WRS:kvc enc 91-025 cc: Jim Cherof w/enc vince Finizio w/o enc J. Scott Miller w/o enc One Harvard Circle. West Palm Beach, Florida 33409-1923.407/683-3301 . FAX 407/686-7446 REAL EST~TE _.,.._.~- ---- .- R~COVERY, INC November 29, 1993 Tambri Heyden Planning & Zoning Department The City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 RE: Boynton Lakes Dear Ms. Heyden: Please be informed that we hereby request a retroactive extension until October 15, 1994 of the site plan that was approved on October 15, 1991 and expired on October 15, 1992 for Boynton Lakes North Plat #5. The Resolution Trust Corporation, as receiver for Flagler Federal Savings and Loan, holds title to the property and during the process of gaining title the site plan expired without the knowledge of the Resolution Trust Corporation. Any consideration you can give us in our request for an extension will be greatly appreciated. Our check in the amount of $125.00 made payable to the City of Boynton Beach is enclosed. Sincerely, ~ ". ,; -I,~ / @v;1/f p~' '.// Robert G. Camerlinck Asset Manager oorn rn 0 w rn ill f. L r- Ut ". 927 Clint Moore Road 901 Congress Corporate Plaza Boca Raton, Florida 33487 (407) 997-8400 FAX (407) 997-8484