AGENDA DOCUMENTS
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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
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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 -
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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,
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Robert G. Camerlinck
Asset Manager
cc:
Terry Day
Michael Christopher
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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
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$3?tJ~3~ ~
qo.5'~c:?6 COLLARS ~.
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FEDERAL HOME LOAN BANK OF CHICAGO
111 E. WACKER DR.
CHICAGO. ILL. 60601
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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"
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Robert G. Camerlinck
Asset Manager
cc: Michael Christopher
Terry Day
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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
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PlANNING AND
ZONING DEPt.
927 Clint Moore Road
901 Congress Corporate Plaza
Boca Raton, Florida 33487
(407) 997-8400 FAX (407) 997-8484
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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.
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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
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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
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NUMBER OF PAGES INCLUDING THIS COVER SHEET
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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
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MESSAGEI
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FEB - 2 1994
.\C:l..\JC:l 31tl.LST-ltf3d \.ld80; so Vb. to a]..:J
REA L EST~TE
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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
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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
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Robert G. Camc:rlinck :)
Asset Manager
cc: Michael Christopher
Rand Fisher
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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$$
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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
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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
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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
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Robert O. Camcrlin.;k v
Asset Manager
cc: Michael Christopher
Rand Fisher
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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./ . )
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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
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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.
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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.
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Attachment
c: Pete Mazzella
Rossi & Malavasi
Boynton Lakes Joint Venture
Imas
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lJoYI1t Ity Of Y'
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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)
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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, ~
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Robert G. Camerlinck
Asset Manager
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927 Clint Moore Road
901 Congress Corporate Plaza
Boca Raton, Florida 33487
(407) 997-8400 FAX (407) 997-8484