CORRESPONDENCE
ROSSI AND MALAVASI
ENGINEERS, INC.
CONSULTING ENGINEERS
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580 VILLAGE BOULEVARD, SUITE 140
WEST PALM BEACH, FLORIDA 33409.1904
(407) 689.0554
FAX: (407) 689.1109
October 9, 1992
Mr. Chris Cutro
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425
Re: LAWRENCE LAKE P.U.D.
Gentlemen:
For sales purposes our client George Fuller is changing the name
of the project from Lawrence Lake to Lake Georqe Estates. In the
future all correspondence will address the project by the new
name wi th the fka (former ly known as) Lawrence Lake. I have
indicated to Mr. Fuller that the change in name is his option.
If there are any questions concerning this request please respond
in writing.
Very tru}y yours,
(~~
. Enrico ~~E.
cc: Vincent Finizio
George Fuller
Richard Staudinger
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florida Power & Light Company, P,Q. Box 16179, West Palm Beach, fL 33416-6179
August 10, 1992
Mr. Scott Miller, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
P.O, Box 310
Boynton Beach, FL 33425-0310
Re: Revisions to Setback Requirements
Lawrence Lake
Bay Tree at the Meadows
Dear Mr. Miller:
It has come to my attention that the City of Boynton Beach is
considering requests for Master Plan Modifications involving
reductions in setback requirements at both Lawrence Lake and Bay
Tree at the Meadows Planned Unit Developments. Since FPL has
platted easements -in both of these developments, a field
investigation was made by FPL representatives to determine whether
the proposed changes would be compatible with FPL facilities
located in these areas. As a result of this investigation, the
following determinations have been made.
1. FPL has no objection to the proposed setback modifications
for Lawrence Lake as stated in Item VIII, C.l. of the
August 4, 1992 City Commission Agenda.
2. FPL has no objection to the proposed setback modifications
for Bay Tree at the Meadows as stated in Item VIII, C.2, of
the August 4, 1992 City Commission Agenda.
It should be noted, however, that this letter in no way preempts
FPL's standard procedures, the requirements of the National
Electric Safety Code, the Florida Electric Tariff or any other
applicable electrical safety standards, i,e., clearances for pools,
etc,
While FPL is amenable to the specific setback revisions requested
in the two developments referenced above, in some cases, similar
setback requirements could create a situation which would restrict,
impair or interfere with FPL's current or future use of platted
easements. Therefore, it is important that FPL have the
opportunity to comment on requested revisions prior to the City'S
determination of the matter.
.RECEI\T~Q
IJG 1 , ~Jt\CEIVED
an FPL Group company
PLANNING Ck, :)J 1'1' ,,,..,
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Mr, Scott Miller
-2-
August 10, 1992
Your consideration of FPL's comments is greatly appreciated.
Please contact me at 265-3103 if I can be of further assistance.
:s:: ~e~
Terri L. Robinson
External Affairs Manager
TLR:at
cc:
Mr. Chris Cutro
Mr. Don Urgo
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TREASURE COAST
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Minutes
Project Reviews
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Local Government compreh~~~^;C'.
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city of Royal ,Palm' Baa,?
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OF TRANSPORTATIO
IIOB I'IAATII'lEZ
QOVERI'lOR
MrEl'f,lIEI'fDEM
SECRETAR\'
780 Southwest 24 street
Fort Lauderdale, Florida 33315-2696
Telephone: (407) 837-5290
September 7, 19S6
Mr. Ralph K. Hook
Department of Community Affairs
Bureau of Local Planning
2140 Centerview Drive
'l'allahassee, }'lor ida 32399
Dear Mr. Hook:
RE: Three Proposed Land Use Amenc:lments - City of ~ynton Beach
'.
In accordance witl1 the provisions of Chapter 163 F. S,. and Chapter
9J-ll F~C Interim Review Requirements, the comments of the FOOT to the
proposed City of Boynton Beach Land Use Amendments are as follows.
1. The streets directly affected, Lawrence Road and Miner
Road, are not on the state system though they:are
functionally classified as County Urban colle~tors.
2. There is an indication, based upon the amount and pace of
development in this area of Palm Beach CountyI' that Lawrence
Road located midway between Congress Avenue (SR-607) and
Military Trail (SR-S09) between the east-west arterials of
Boynton Beach Boulevard (SR-S04) and Lantana Road (SR-S12)
will become much more than a residential collector street.
The Department questions the adequacy of an SO foot
right-ot-way on Lawrence as indicated on the Palm Beach
County Thoroughfare Right-of-Way Protection Map. However,
as indicated, these proposed developments' fair share of the
rights-of-way for Lawrence and Miner Roads as shown on the
Palm Beach County "Thoroughfare Rights-of-way Protection
Plan" should be acquired prior to or upon review of any
subsequent applications for development approval beyond land
use amendment.
3. We share the concern of the Palm Beach County Traffic
Division about safe access to these sites from Lawrence
Road. This access in relation to the proposed Elementary
School may warrant signalization. We recommend this be
discussed with the Palm Beach County Traffic Division prior
to the review of any subseqUent applications for development
permit.
4. The Department recommends consideration by the City of
phasing of developments generating substantial volumes of
traffic in accordance1t~,,~~ of adjoining streets
and thoroughfares whi~~~~~irement subsequent to
adoption of comprehensive plans under the 19S~/S6 Growth
Management Legislation. SEP 14 .. '
, PLANNING O~Pf,
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Mr. Ralph K. Hook
September 7, 1988
Page 2
If you or your staff have any questions concerning these
comments, please feel free to contact me at (305) 522-4244 or Suncom
462-1214.
Sincer~ly,
(\ /oi~_"1 Ai~~~
~us D. SC~.E. ~~
Acting District Planning -~"
Administrator
GDS/JAirng
cc: ~. Carmen Anunziato, City Planner
Mr. Stan Redick, Palm Beach County Planner
Mr. Jim Scully
Mr. Michael J. Tako
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treQ/ure
., COOlt
regional
planning
council
September 9, 1988
Mr. Carmen S. Annunziato, AICP
Planning Director
City of Boynton Beach
211 S. Federal Highway
Post Office Box 310
Boynton Beach, FL 33425-0310
subject: City of Boynton Beach Local Government
Comprehensive Plan Documents
Dear Mr. Annunziato:
Council staff has completed its review of the proposed
amendments to the Future Land Use Element of the City
Comprehensive Plan in accordance with the requirements of the
Local Government Comprehensive planning and Land Development
Regulation Act, section 163.3184(1)(0) and (2), Florida
Statutes, and has prepared comments for Council consideration.
These comments will be presented to Council at its next regular
meeting on September 16, 1988. You are invited to attend the
meeting and address the Council if you wish. Enclosed are
staff's recommended comments and the agenda for the meeting.
Following the meeting, the comments as finally approved by
Council will be forwarded to the State Department of community
Affairs for transmittal to your governing body for
consideration before final adoption of the documents.
If you would like to discuss the staff report or Council
procedures for plan review, please do not j,lesit.ate to call me.
sincerely,
~V{~
Terry L. Hess, AICP
Planning Coordinator
)
~:nCE1VED
Enclosure
5EP 13 1988
I PLANNING DEPT.
TLH: lb
-
-
3221 I.W. martin downl blvd.
suite 205. p.o, box 1529
palm olty. '''''do ',:c
Jim mlnlx
chairman
thomal g. kenny, III
vice chairman
'('I"" ,.,,.~~
cktnlel m. oary
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TREASURE COAST REGIONAL PLANNING COUNCIL
M,E M 0 RAN DUM
To:
Council Membe,rs
AGENDA ITEN SA
From: Staff
Date: September 16, 1988 Council Meeting
Subject: Local Government Comprehensive Plan Review -
Three Amendments to the ~ity of Boynton Beach
Future Land Use Element
Introduction
Pursuant to the provisions of the Local Government
Comprehensive Planning and Land, Development Regulation Act,
Chapter 163, Florida Statutes, the Council must be provided an
opportunity to review and comment on comprehensive plan
amendments prior to their adoption. The City of Boynton Beach
has submitted proposed amendments to the state Department of
Community Affairs, which in turn is seeking Council's
comments.
Council's review of the information forwarded by the
Department of Communi ty Affairs is in the context of the
relationship of the proposed amendments to the regional policy
plan developed pursuant to Section 186.507, Florida Statutes.
If a conflict with adopted plans or policies is identified,
the regional planning agency is to specify any objections and
may make recommendations for modifications. Council also
provides informal comments to the local government through a
spirit of cooperation, and technical assistance on matters
related to the proposed amendments. These advisory comments
are aimed at providing coordination between the local and
regional comprehensive plans.
Backqround
The City of Boynton Beach is considering three amendments to
the Future Land Use Element. The locations of the properties
under consideration are show~ on the accompanying map, and the
number of acres and proposed changes in land use designations
are summarized in the following list:
...,
-.-
CITY OF BOYNTON BEACH
PROPOSED COMP PLAN AMENDMENTS - 1988
GA2
GA4
GAG
28.82
19.23
13.54
Medium to Med. High*
Medium to Med. High*
Medium to Med. High*
prooosed Land Use
Low Density Residential
Low Density Residential
Low Density Residential
Number Acres Current Land Use
*Palm Beach County Land Use Designation. Property recently
annexed by City of Boynton Beach.
GA2 Known as citrus Glen - Phase II Addition
GA4 Known as Elementary School "P"
GA6 Known as Lawrence Lake
Evaluation
The proposed 'amendments have been reviewed in accordance with
the requirements of Chapter 163, Florida Statutes, Council's
review procedures, and Council's adopted Regional
Comprehensive Policy Plan. The following comments are offered
as a result of that review.
6A2. 6A4. GA6
The proposed amendments are for contiguous parcels
immediately east of Lawrence Road north and south of
LWDD Canal 21. The parcels were recently annexed
from Palm Beach County. Even prior to annexation,
they were included on the city's Future Land Use
Plan.
When the site Plan for the Elementary School is
prepared, it should include the preservation of many
of the trees and other vegetation types which occur
on this parcel. The materials submitted with this
amendment indicate that the City fully intends to
recommend preservation and incorporation of trees in
the park areas which are to be developed on this and
the Citrus Glen parcel.
Based on the information provided, the proposed
amendments do not appear to be in conflict or
inconsistent with the policies contained in the
Regional Comprehensive Policy Plan.
Recommendation
Council should adQpt the comments outlined above and
their transmittal to the State Department of Community
in fulfillment of the requirements of Chapter 163,
Statutes.
approve
Affairs
Florida
Attachments
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NOTICE OF ZOi'Ui'.lG.c:-iANGE
The Ci~y of coynton Beach proposes ~o annex, ch~n~e ~he l~nd use ~nd
t'ezone th.~ i.unci .~vic:hin t::~ ~reZl shc-;v"'n ::4 c.~c :::=? ~n th.i.~ ...L<l'verti:c.r:tenc:.
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CITY OF BOYNTON BEACH
PROPOSED COMP PLAN AMENDMENTS
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OF
PALM BEACH COUNTY
160 Australian Avenue, Sune 301, West Palr'T'\ 8eac~" i=iorlda 33406 Tel '.305, oc..l,.. ~ 70
August 16, 1988
Mr, Terry L. Hess
Planning Coordinatnr
Treasure Coast Regional Planning Council
p, O. Box 1529
Palm City, Florida 34990
Subject: City of Boynton Beach Local
Government Plan Documents
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Dear Terry:
The staff of the Metropolitan Planning Organization (MPO) has
reviewed the proposed future land use amendments submitted by the
City of Boynton Beach and finds them to be consistent with
adopted agency goals and objectives,
Sincerely yours,
-r;;;i~_, r:J~/iJJ/!~
Teresa p, Cantrell '
Senior Planner
cc: S. Shannon
C. \hl\<.er
TPC:er
2
PO 80x 2429, West Palm Beacn, Florida 33402,2429
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BOoard $>( County Commissioners
Carol A. Roberts. Chair
Carol J. Elmquist, Vice Chainnnn
Karen T. Marcus
Dorothy Wilken
Jim Watt
County Administrator
J an Winters
~ , , ~.H .
Planning Division
--,
:
August 24, 1988
,
I
..,...
Mr. Ralph K. Hook
Department of Community Affairs
Bureau of ,Local Planning
2740 Centerview Drive
Tallahassee, FL 323g9
Re: City of Boynton Beach Comprehensive Plan Amendments:
Citrus Glen - Phase II
elementary School "P"
Lawrence Lake
Dear Mr. Hook:
The Palm Beach County Planning Division has reviewed the above
referenced amendment requests and has the following comments.
1. The three sites are located within the Medium - Medium High
Land Use Category and are zoned Agricultural Residential
(AR). Generally, the maximum density which may be permitted
in this land use category in 12 dwellings per acre.
2. The proposed density of the Citrus Glen Phase II (3.68
dwellings per acre) and Lawrence Lake (2.44 dwellings per
acre) projects are well within the maximum permitted density
of 12 dwellings per acre in the Medium - Medium High Land
Use Category.
3. There is some concern that the configuration of the annexa-
tions may not meet the requirements for "compactness" as
defined in Chapter 171.031.(12). This paragraph precludes
any annexation which created "enclaves, pockets, or finger
areas in serpentine patterns."
4. The three proposed developments have been reviewed for
consistency with the County's traffic policies and goals, no
significant problems were identified. The County's comments
have been forwarded to the City of Boynton Beach for their
f::ons i derat ion.
800 13th Street P.D.loA.
3
West Palm Dead), Florida 33406 . (407) 697-4001
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Thank you for your cooperation.
Respectfully,
51--
Stan Redick
Planning Director
SR:RW:dd FILE:GM8\HOOKBB
cc: Sam Shannon, Assistant County Administrator
John Lower, Acting Executive Director, PZB
Board of County Commissioners
4
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2
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llOkrd of Count). Commissioners
County Administrator
fan \\'intcr~
Carol A. Roberts, Chair
Kenneth'M. Adams, Vice Chairman
Karen T. Marcus
Carol J. Elmquist
Dorothy Wilken
Department of Engineering
and Public \Vorks
H, r. Kahlert
County Engmeer
December 2, 1987
Mr. Carmen S. Annunziato
Planning Director
City of Boynton Beach
200 N. Seacrest Blvd.
P.O. Box 310
Boynton Beach, FL 33435
SUBJECT: CITRUS GLEN PHASE II/ADDITION ELEMENTARY SCHOOL "P"/LAWRENCE LAKE
Dear Mr. Annunziato:
As requested, the Palm Beach County Traffic Division staff has reviewed the
plans and traffic impact analyses for the above mentioned developments. The
following comments are provided for your consideration:
1. If Citrus Glen Phase II and Lawrence Lake were being reviewed under
the County's new Traffic Performance Standards (County Ordinance 87-18),
the 4-lane widening of Hypoluxo Road between Congress Avenue and 1-95
would be required to be under construction before ~ building permits
could be pulled. - Also, the amount of background traffic growth to be
considered during the "5-7 year buildout" of these projects would be
far greater in most cases under the new Ordinance.
2. The County anticipates adopting in the near future a 110' cross-section
to replace the old 108' cross-section included in its Thoroughfare
Right-Of-Way Protection Map. The plat for Citrus ,Glen should, there-
fore, show a 110' right-of-way corridor for Hiner Road.
3. There appears to be an under-assignment of peak hour trips to the
southern access to Citrus Glen Phase II from Lawrence Road. Given the
50%/50% distribution of trips to north/south Lawrence Road, and the
1 ocat ions of the two Lawrence Road accesses with respect to the 106
units in Citrus Glen Phase II, it is likely that sufficient traffic
would use the south access in the peak hours to warrant separate
westbound 1 eft and ri ght turn egress 1 anes onto Lawrence Road without
school traffic included. It is also possible that sufficient southbound
left turn traffic on Lawrence Road would exist during the PM peak hour
at the southern access to Citrus Gl en Phase II to warrant a separate
turn lane.
.. An Equal Opportunity - Affirmative Action Employer
BOX 2429 WEST PALM. BEACH, FLORIDA 33402-1989 (305) 684-4000
page 2
Please do not hesitate to contact me or Allan Ennis, of my staff, if you have
questions concerning these comments.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
(!MAAi2/~
Charles R. Walker, Jr., P.E.
Director - Traffic Division
4A1-
CRW:AAE:te
File: Municipality - "Boynton Beach"
"C?<u-d of County Commissioners
" County Adminisll'.ltor
"r,~ ;--=;~,' "'-; :~:-:D' ]an \Vintcrs
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.L~~~.~-'<::::.. ... -=="7"~
Carol A. Roberts, Chair
Ktmneth M. Adams, Vice Chairman
Karen T. Marcus .
Carol J, Elmquist
Dorothy Wilken
November 16~ 1987
NOV 20 l~l
Department of Planning, Zoning & Building
f"l' ~N' '~\"''-'" P - <'T-
r-u-t ."in,1.] ~.;,;,\-Hohn A Lehner
I: - Executive Director
..~ -
Mr. Carmen Annunziato~ A.I.C.P.
City of Boynton Beach P~anning Department
200 N. Seacreast Bou~evard
P.O. Box 310
Boynton Beach~ FL 33435
RE: Citrus G~en (Phase II)~ E~ementary Schoo~ .p. & Lawrence
Lake.; Annexations.
Mr. Annunziato~
The County P~anning Staff has reviewed the City of Boynton
Beaches' ~and use p~an and zoning proposa~s for the 3 parcels
current~y being considered for annexation into the City. Our
Staff research indicates that the current County land use plan
category for all 3 parcels is Medium to Medium High (M-MH) with a
zoning designation of Agricultural Residential (AR).
The existing AR zoning designation is designed.to encourage the
development of agricultura~ uses. It will allow residential
development at a maximum of 1 dwelling (d.u.) unit per 5 acres~
as yell as various lov-intensity uti~ity and institutional uses.
Please note~ however~ that the maximum allovable zoning under the
M-MH land use plan category is Residential Medium (RM). The RM
zoning designation v~ll permit residential development at
densities up to 16 d.u.'s per acre in a Planned Unit Development
utilizing Transfer of Development Rights. In order to utilize
the higher densitie~ in the County the project must meet the
requirements of the County Performance Standards for Major
Thoroughfares~ Traffic~ Water~ Sever~ Environmental~ Flood,
Drainage, Schools~ Recreation, Fire Protection, Market Ana~ysis,
and Aircraft Noise where applicable.
The proposed densities of the Citrus Glen (Phase II) and the
Lawrence Lake projects are 3.68 and 2.44 d.u.'. per acre
respectively. These densities are significant~y lower than the
county'. maximum density of 16 d.u.'s per acre for this area,
thus the proposed projects are consistent with the County'.
Comprehensive P~an M-MH density allowance.
Staff also finds that the proposed annexation projects are
generally compatible with surrounding development, which is
composed of the fol~owing:
3400 BELVEDERE ROAD. WEST PALM BEACH, FLORIDA 33406 . (305) 471-3520
Name o~ Land-Use
Develooment Cateaory Zonina Densit.y
Homes at Lawrence L - II RS/PUD 4.35 dulac
Manor Forest L - K RS/PUD 4.58 dulac
Sausalit.o Groves II - MH RM/PUD 6.5 dulac
Sandpiper Cove M - MH RM/PUD 8.0 dulac
Whispering Pines
Mobile Home Park M - MH AR 6.69 dulac
Sunny South
Mobile Home Park M - MH RS 5.1 dulac
.;
See t.he at.t.ached map.
Based on t.he preceding in~ormat.ion and initial determination o~
plan consistency t.he Planning St.a~~ has no objection to the
proposed annexations.
Please be aware t.hat all annexations must meet t.he requirement.s
outlined in Chapters 171 and 163 F.S.
There is some concern that the con~iguration o~ this annexation
may not. meet. the requirements ~or .compactness. as de~ined in
Chapter 171.031. (12). This paragraph precludes 'any annexation
which creates .enclaves, pockets, or ~inger areas in serpentine
patterns.-
As . ~urther point. o~ in~ormation, I have at.tached a lett.er ~rom
Thomas Pelham, Department o~ Community A~~airs, out.lining his
int.erpretation o~ sections o~ Chapter 163, Part II, F.S. As you
recall ~rom our conversation o~ November 11, we concur wit.h Mr.
Pelham'. opinion (page 3, paragraph 2) that. a cit.y may not. rezone
or amend the comprehensive plan designat.ion ~or an annexed parcel
until such time as the annexation is ~inal. Because t.here is a
30 day appeal period ~ollowing the adoption o~ an annexation
ordinance the annexation is not considered ~inal unt.il the appeal
period has passed without the institution o~ an appeal. Thus a
Cit.y may not begin the rezoning 'or plan amendment process until
30 days a~ter the ~inal adoption hearing.
Also note that the County land use and zoning regulations remain
in e~~ect during the 30 day appeal period, and until such time as
the subsequent City rezoning and land use plan changes are
complet..
We appreciate the opportunity to comment on these parcels.
Should you require any ~urther in~ormat.ion please do not hesit.at.e
to call us.
Respectfully,
Stan Redick,
Director of Planning, Palm Beach County
FILE: J4\BOYNANNX RM:jf
cc: Sam Shannon, Assistant County Administrator
John Lehner, Executive Director of Planning, Zoning &
Building Administration
Frank Palen, Zoning Director
Richard Morley, Principal Planner
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BOYNTON BEACH
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200 N. Seacrest Blvd.
Post Office Box 310
Boynton Bea~h, FL 33435
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OFFICE OF THE PLANNING DIRECTOR
October 27, 1987
Mr. Richard Morley
Palm Beach County
Planning, Zonning and Building
3400 Belvedere Road
West Palm Beach, FL 33406
Re: Citrus Glen, - Phase II Addition
Palm Beach County Elementary School lip"
__-liawrence Lake
Dear Mr. Morley:
Enclosed you will find copies of the newspaper advertisements and
plans for the above-referenced annexation and land use amendment/
rezoning requests. These projects are located on the east side
of Lawrence Road, and form a contiguous strip south of the
L.W.D.D. L-20 canal.
I
Please provide your comments concerning consistency with the
County's Comprehensive Plan, and a summary of the County zoning
categories which abut these parcels in the immediate vicinity.
If possible, an update of the attached correspondence and map
would be most helpful.
Yours very truly,
qITY OF BOYNTON BEACH
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CARMEN S. ANNUNZIATO
PLANNING DIRECTOR
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Enclosure
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LETTER OF CONSENT
RE: LAWRENCE LAKES: Proposed Residential Development
Application for Land Use Amendment and/or Re-Zoning
With regard to Paragraph IIcel) of the above
captioned application, this letter shall serve
as consent to said application by all Owners
of Record, and Applicant.
RCA GLOBAL COMMUNICATION
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Signature of Owner s) or Trustee
Donald R. Stackhouse
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INTRACOASTAL DEVELOPMENT INC.
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of Appll.cant
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PURCHASE AND SALE AGREEMENT
THIS AGREEMENT, made and entered into this
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day of~, 1987, by and
between RCA GLOBAL COMMUNICATION, a Delaware corporation having an office for
the purpose of this contract at One River Road, Schenectady, New York 12345,
(hereinafter called .Sellern) and ALAN MILLER, an individual having his
principal office and place of business at 70 South Congress Avenue, Suite 20l,
Delray Beach, Florida (hereinafter called IBuyer.);
WIT N E SSE T H
1. PREMISES: SUbject to the terms, provisions and conditions of this
Agreement, Seller hereby covenants and agrees to sell to Buyer~ and Buyer
hereby covenants and agrees to buy from Seller, on the terms hereinafter
specified, the following described real estate, together with all buildings
and other improvements, if any, located thereon, situate, lying and being in
the County of Palm Beach and State of Florida to wit:
.
The East 313.5 feet of the North Half (N-1/2) of the
Northwest Quarter of the Northwest Quarter of the
Southwest Quarter, of Section 18, Township 45 South,
Range 43 East
and
The North Half of the South Half of the Northwest
Quarter of the Northwest Quarter of the Southwest
Quarter and the North 495 feet of the Northeast
Quarter of the Northwest Quarter of the Southwest
Quarter and the North 495 feet of the West 132 feet of
the Northwest Quarter of the Northeast Quarter of the
Southwest Quarter in Section 18, Township 45 South,
Range 43 East.
All of the above being located in Palm Beach County.
Florida, and subject to any and all easements/dedications
of record.
It is understood and agreed that the above description of the real estate
herein to be sold and conveyed ;s adequate for purposes of this Agreement, but
that the survey provided for in Paragraph 4 following shall establish the
boundaries thereof and the leg~l description to be prepared therefrom shall
thereafter identify the real estate for purposes of conveyancing.
'.
Said real estate as above de~cribed is hereinafter called the .Premises..
2. PURCHASE PRICE: Buyer shall pay to Seller as the total purchase
price ("Purchase Price") for all of the Premises hereinabove described the sum
of Thirty-six Thousand Dollars ($36,OOO.OO) per acre as determined by the
survey provided for in Paragraph 4 herein! payable as follows:
(a) Ten Thousand Dollars ($10,000.00) by check two(2L days' folTow-
J.,. -, Agreement by- all- parties" -- ','.
Pf"- / ing- srgn.ing--or thisl "the receipt of which is
~ hereby acknowledged, subject to collection, the
nonpayment of which check in due course shall give
Seller the option of cancelling this Agreement. The
funds of this and paragraph 2 (b) fo~lowing shall be
placed in an interest bearing account by the title
insurance company who shall act as escrow agent. At
closing, as hereinafter defined, the principal of 2 (a)
and 2 (b) shall be credited toward the purchase price,
all accumulated interest shall be paid to Buyer;
(b) An additional Fifteen Thousand Dollars ($15,000.00)
thirty-one (31) days from the execution of this
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Agreement; and
(c) The balance, plus or minus any adjustments and
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prorations as may be elsewhere herein provided, by, at
Sellerls option, either wire transfer of federal funds
or good certified or bank check payable to Seller's
order. on the .Clos;ng Date- as hereinafter defined.
3. INSPECTION: From and after the date of this Agreement, Buyer and its
representatives shall have the right of ingress and egress to go in, on or
over the Premises for the purpose of conducting building surveys, inspections,
soil tests, core dr;llings, environmental tests and such other examinations
thereof as it may desire. Buyer shall repair any and all damage by reason
. .
thereof, and shall indemnify and save Seller hanmless from all liability in
connection therewith. In the exercise of its rights pursuant to this
Paragraph, B~yer shall not interfere with the conduct of Seller's operations
being conducted on~the Premises, and shall give Seller reasonable advance
notice of any such activities Buyer plans to conduct on the Premises. In the
event, as a resu~f these studi~s and tests. and Withi~ thirtY~30) days of
k-lg.;eement'.:; execution' by all .oart:~es . .
the date of thlS; -'-, '. .:. tiuyer ae'tenmnes tnat t:ne Premlses are not flt for
his intended use, Buyer may cancel this Agreement by proper notice to Seller
within said thirty (30) day period. Failure to timely cancel shall be d~emed
a waiver of such r{ght. Upon such timely cancellation all consideration paid
by Buyer herein shall be returned to Buyer and the parties no longer bound
hereunder.
4. SURVEY: In the event that a survey of the Premises shall be required
by Buyer or by the terms of this Agreement, Buyer shall obtain same at its own
cost and expense and as soon as reasonably possible following execution of
this Agreement, from a surveyor registered by the State in which the Premises
are located. Said survey shall be certified to both Buyer and Seller, and a
copy thereof shall be furnished to Seller just as soon as reasonably possible
but in any event within ten (10) days prior to closing.
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5. TITLE: Seller agrees to order, within twenty (20) days following the
date of this Agreement, an examination of title of the Premises, to be made on
Seller's behalf and at its own cost and expense, and to have a copy thereof
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promptly delivered to Buyer. Within fifteen (15) days following receipt of
said title examination by Buyer, Buyer shall deliver to Seller a written
statement of any defects, encumbrances or objections to title which render
title unmarketable, and of the requirements necessary to correct same. Seller
shall proceed in good faith to cure all of Buyer's objections to title,
defects and encumbrances. Should Buyer fail to so notify Seller as aforesaid,
all matters then affecting the Premises shall be deemed to be acceptable to
Buyer, and Buyer shall take title sUbject thereto; but any liens or
encumbrances or other instruments affecting title which are recorded following
completion of said title examination may be considered objections to title,
the foregoing provisions hereof to the contrary notwithstanding, unless Buyer
is otherwise obliged by the provisions hereof to accept a conveyance hereunder
subject thereto. Buyer agrees that if, on the Closing Date, Seller shall be
unable to convey title to the Premises free and clear of all title objections
which render title unmarketable and are not deemed acceptable to Buyer as
provided above, then Buyer will allow Seller one hundred twenty (120)
additional days to remedy any such defects; and that if at the expiration of"
such one hundred twenty-day period Seller shall still be unable to convey
title to the Premises in accordance with this Agreement and subject as
aforesaid, then Buyer shall have the right to either cancel this Agreement or
waive any such title objections, defects or conditions and take title to the
Premises without abatement or reduction of the Purchase Price. In the event
of cancellation by Buyer as herein provided, Seller's sole obligation shall be
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to refund all sums paid on account of the Purchase Price. and upon the
refunding of such 'payments this Agreement shall be deemed cancelled and all
rights and obligations of the parties hereto under this Agreement shall
cease. Buyer further agrees that nothing in this Agreement shall obligate
Seller to incur any expense or to bring any action or proceeding in order to
clear up any title objections or to render title marketable. Failure of Buyer
to elect either to cancel or to take title subject to said objections. defects
or conditions within fifteen (15) days following notice from Seller of its
inability to clear the title as aforesaid. shall render this Agreement null
and void:
6. CLOSING: The deed shall be a Bargain and Sale Oeed co~taining no
covenants by the_Grantor whatsoever except a covenant against Grantor's acts.
and it shall be duly executed and acknowledged by Seller. at Seller's expense.
so as to convey to Buyer fee simple title to said Premises. subject to (a)
zoning and other municipal. health and police regulations and ordinances of
the state. county and city. town or village in which the Premises lie. (b)
covenants. easements. restrictions and reservations of record a~ may be in
force and affect said Premises, (c) any state of facts that a current accurate
,
surveyor an inspection of the Premises might disclose. and (~) taxes not yet
due and payable. Seller shall deliver said deed to Buyer and Buyer shall pay
,
the balance of the Purchase Price to Seller as provided in Paragraph 2 hereof,
at the office of the title insurance company at 11:00 A.M. ninety (gO) days
following the execution of this Agreement, or at such other time. date and/or
place as may be agreed to by the parties or as may be otherwise provided for
herein. Such time and date for the closing of title is herein called the
-Closing Oate-.
5 -
7. ADJUSTMENTS: TRANSFER TAXES: Water and sewer charges, rents and
fees, if any, shall be apportioned as of the Closing Date. Buyer shall pay
Seller for any fuel oil on the Premises on the Closing Date, at the going
rate. The expense and cost of all federal, state and local documentary stamp,
conveyance, sales and other taxes, and the cost of an ALTA Form B, 1970
.OWners Title Insurance Policy. shall be paid by Seller. Buyer shall pay the
Deed recording fees and any other charges, if any, related to Buyer1s
financing, including, but not limited to, loan policy premium and mortgage
tax. Seller and Buyer shall equally share any closing and escrow fees of the
title insurance company.
8. REAL ESTATE TAXES: All ~real estate taxes are to be apportioned as of
the Closing Date on the basis of the fiscal year for which assessed or on
whatever other basis customarily used in connection with transfer of real
property in the locality of the Premises subject to this Agreement. If the
closing of title shall occur before the tax rate (or rates) is (are) fixed,
the apportionment of taxes shall be upon the basis of the tax rate (rates) for
the next preceding year applied ~o the latest assessed valuation. Buyer shall
pay all taxes which shall become due on and after the Closing Date.
9. DAMAGE OR DESTRUCTION: The risk of Toss or damage by fire or other
casualty to any buildings on the Premises until the Closing Date is assumed by
the Seller. In the event that such loss or damage does occur prior to the
Closing Date, the Seller may extend the Closing Date for a period of up to ten
(10) days to enable it to repair or replace such loss or damage. In the event
the Seller does not repair or replace such loss or damage prior to the Closing
Date, as same may have been extended as aforesaid, the Buyer shall have the
option:
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treQlure
co~t
regional
planniQg
council
August 3, 1988
Mr. Carmen S. Annunziato, AICP
Planning Director
City of Boynton Beach
200 North Seacrest Boulevard
Boynton Beach, FL 33425-0310
Subject: City of Boynton Beach Local Government
Comprehensive Plan Documents
Dear Mr. Annunziato:
This is to notify you that the Regional Planning Council has
received a request from the state Department of Community Affairs
(DCA) for comments on the following comprehensive planning
document:
Amendments to Future Land Use Element (3)
City of Boynton Beach
Council staff will review the document in accordance with the
requirements of the Local Government Comprehensive Planning and
Land Development Regulation Act, Chapter 163, Florida Statutes.
It is anticipated that the report and recommended comments will
be presented to Council at its meeting on september 16, 1988.
Pr ior to the Council meeting, the meeting agenda, report, and
recommended comments of the staff will be transmitted to you.
You or any representative of your local government are invited to
~ttend the ~eetl~g ~~~ ~~11 ~~ afforduc ~n opportunity to ad~~css
the Council. Following the Council meeting the adopted comments
will be transmitted to DCA.
If you have any questions regarding this matter, please do not
hesitate to contact me.
sincerely,
T!;l~!~
Planning Coordinator
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KECEIVl!f>
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PLANNH~G DEPt
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3228 s.w. martin downs blvd.
suite 205 . p.o. box 1529
palm city, t10rlda 34990
phone (407) 286.3313
jimmlnlx
chairman
thoma. g. kenny, III
vice chairman
john acor
secretary/treasurer
danlel m. cary
executive director
b) of completing the purchase in accordance with the terms
of this Agreement, in which event all of the condemna-
tion proceeds shall be payable to Buyer, or if such
proceeds are not then available, Seller shall assign
all claims therefor to Buyer.
Failure of Buyer to exercise one of the aforementioned options by written
notice to Seller within ten (10) days following the Closing Date shall be
conclusively deemed to be an exercise of its option to complete the purchase
as set forth in subparagraph (b) hereof.
11. BROKER: Buyer represents and warrants that Cushman and Wakefield of
Florida, Inc. ("Broker") was the sole broker it dealt with on this property
and the one who ,brought about this sale, and Seller therefore agrees to pay to
said Broker such fee or commission as may be set forth in a separate written
agreement between Seller and Broker, if, as and when title passes to Buyer.
If any person other than the Broker shall assert a claim to a fee, commission
or other compensation on account of alleged dealings with or for Buyer as a
broker or finder in connection with this Agreement, tnen Buyer (a) shall
indemnify and hold harmless Seller against and from any such claim and all
costs, expenses, and liabilities incurred in connection with such claim or any
action or proceeding brought thereon (including but without 1imitation~
counsel and witness fees in defending against such claim), and (b) shall
satisfy promptly any settlement or judgment arising from any such claim or any
action or proceeding brought thereon. The provisions of this Paragraph shall
survive the closing of title.
12. "AS IS" CONDITION: Buyer represents that it has inspected the
Premises and every part thereof, is fully acquainted with and satisfied with
the condition thereof, and shall accept same in an uas is. condition as of the
_.=-~..a ,=
.
date of this Agreement. Seller makes no representation nor,warranty concerning
the condition of the Premises or its fitness for any particular purpose.
Seller further specifically disclaims any implied warranties or condition or
fitness for use. As may be required by law, the parties agree that this
disclaimer is conspicuous. Seller agrees to convey the Premises on the
Closing Date in the same physical condition as they now are, ordinary wear and
tear excepted and subject to the provisions of Paragraphs 9 and 10 hereof.
13. GOVERNMENTAL APPROVALS: Should Seller be required to obtain
subdivision or some such other governmental approval in order to convey out
title to the Premises, the Closing Date shall be extended to the extent
necessary to obtain same; however if the Clos~ng Date need be extended for
more than thirty (30) days as a result thereof, either party may terminate
this Agreement, whereupon Seller's sole obligation shall be to refund all sums
paid on account of the Purchase Price, and upon the refunding of such payments
this Agreement shall be deemed cancelled and all rights and obligations of the
parties. hereto under this Agreement shall cease.
14. BUYER'S DEFAULT: Should the Buyer aefault in the performance of any
of the terms of this Agreement, then Seller may, at its option, retain all
monies paid on account of this Agreement as liquidated damages, whereupon this
Agreement shall thereupon become null and void and neither party shall have
.
any further rights against the other. Notwithstanding the foregoing, however,
Buyer shall deliver to Seller copies of all studies, research and findings
with respect to the Premises in the event that Buyer fails to close as herein
provided.
15. NOTICES: All notices, demands and requests which mayor are required
to be given by either party to the other shall be in writing and shall be sent
by United States certified mail, postage prepaid, return receipt requested,
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.:i~~_-es sed to the part.les at their respective addres ses as :: lrs:: above
written (with Seller's copy to be sent to the attention of Manager-
Real Estate), or at such other place within the continental limits of
the United States as either party may from time to time designate in a
written notice to the other party. Notices, demands and requests
which shall be served upon either party in the manner aforesaid shall
be deemed sufficiently served or given for all purposes hereunder as
of the date of such certification.
16. ENVIRONMENTAL: Notwithstanding any other provision to the
contrary in this Agreement contained, it is expressly understood and
agreed that Seller may, ,wi thin' 30 _days- of -this __Agr_~eII!en~s_~xecution_, 1--~
conduct soil, ground-water and/or other environmental tests in, on
or below the Premises, and if Seller decides on the basis of such
tests, or on the condition of the Premises following any clean-up of
environmental substances which Seller may elect to undertake> it may
i
determine that a sale of the Premises would not be in Seller's best
interest, and regardless of whether or not there then exists any
violation or potential violation of any federal, state or local en-
.
vironmental law or regulation, Seller may terminate this Agreement
upon notice to Buyer. !\lL rights. to. te~nat:~~this-_Agreement.iq J~
.accordance, wi tho paragraph-16-herein- shalT":" cease-wi thou~f.urther. .force
,and effectZ 31:d:;:- i:~~o::;executiOri~Of'-=' this Agreement- b;al~~~~;ie
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Upon such termination, Seller shall promptly refund Buyer's deposit and
the parties shall be released from all further liability hereunder.
17. FOREIGN PERSON:' Seller represents that it is not a foreign
person within the meaning of Section 1445 of the Internal Revenue Code
of 1954, as amended, and Buyer shall therefor not deduct any amount
from the Purchase Price at closing as provided for herein. Seller
agrees to furnish Buyer with an appropriate Nonforeign Affidavit on
the Closing Date if__!:)_~__E~quested _py Buyer.
18. MISCELLANEOUS: This Agreement and the terms, covenants and
conditions herein contained, contains the entire agreement between Buyer and
Seller, and same shall inure to the benefit of and be binding upon the parties
hereto and their respective heirs, executors, administrators, personal
representatives, successors, and assigns. Notwithstanding the foregoing,
however, Buyer shall not assign this Agreement or any interest herein without
the express written approval of Seller which approval shall not be unreason-
ably withheld or delayed. The headings and captions of this Agreement are for
convenieQce only.
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties
hereto as of the day and year first above written.
Witness:
~
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RCA GLOBAL COMMUNICATION
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By: 1;~' ~
Title: ,t5" IF-...rr
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CITY of
BOYNTON BEACH
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200 N. Seacrest Blvd.
Post Office Box 310
Boynton Beach, FL 33435
(305) 734-8111
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OFFICE OF THE PLANNING DIRECTOR
21 July 1988
Mr. Ralph Hook
Florida Department of Community Affairs
Bureau of Local Resource Planning
2740 Centerview Drive
Tallahassee, FL 32399
Dear Mr. Hook:
Accompanying this letter you will find materials which are
related to Comprehensive Plan Amendments for the City of Boynton
Beach. These plan amendments were considered by the Planning and
Zoning Board, sitting as the Local Planning Agency, and also by
the City Commission, at public hearings which were held after due
public notice. The City Commission of Boynton Beach has approved
the transmittal of these plan amendments to the Department of
community Affairs. The three (3) plan amendments enclosed are
entitled as follows:
1. Citrus Glen - Phase II Addition
2. Elementary School "P"
3. Lawrence Lake
With respect to the July 1986 Technical Memo (Vol. 1, No.2),
which outlines the procedure for submitting comprehensive plan
amendments, including the information that is to be' contained
within the letter of transmittal, please be advised of the
following for the above-referenced applications:
1. Public hearings for these requests were held before the City
Commission on July 19, 1988, at which time the Commission
approved these requests for transmittal to the Department of
Community Affairs.
2. The three (3) land use amendment requests included in this
transmittal represent the first set of amendments for
calendar year 1988.
I'
Page Two.
II
3. Not applicable.
4. Not applicable.
5. James J. Golden
Senior City Planner
City of Boynton Beach
200 North Seacrest Blvd.
Boynton Beach, FL 33425-0310
(407) 738-7490
With respect to the technical requirements outlined for Land Use
Amendments in the July 1986 Technical Memo, please be advised of
the following:
1. The present and proposed land use for these amendments are
outlined in the staff report and in the Notice of Public
Hearing which are contained in the individual agenda packets
for each application.
2. The location and size of each property is contained within
the respective staff reports. Also included is a location
map within each agenda packet. The Notice of Public Hearing
for each application also includes a location map and
provides a description of each request, including the total
acreage of the property.
3. A description of the surrounding land uses for each request
can be found in the section of the staff report entitled
"Current Land Use and Zoning" and in the correspondence from
the Palm Beach County Planning Department which can be found
within the exhibits for each staff report.
4. A description of the availability of public facilities is
shown on the plans and comments concerning utility service
are contained within the staff comments.
5. A discussion of the compatibility of the proposed land use
amendment with the land use element objective and policies,
and with those of other affected elements is contained within
the staff report. In addition, you will find one blueprint
copy and ten (10) photocopies of the Future Land Use Element.
6. A location map showing each land use amendment is contained
within the exhibits of each staff report and is also shown on
the Notice of Public Hearing for each project.
7. Other available staff information which ,further explains the
amendments is contained within the respective agenda packets.
Page Three.
If you have any questions concerning these plan amendments or you
find that you require additional information, please contact
Senior Planner James Golden at the address or telephone number
previously listed under item No. 5 in the first section.
Yours very truly,
CITY OF BOYNTON BEACH
Co..-
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Carmen S. Annunziato, AICP
Planning Director
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CITY of
BOYNTON BEACH
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200 N. Seacrest Blvd.
Post Office Box 310
Boynton Bea~h, FL 33435
( 3 0 5 ) .7 3 8 - 7 4 9 0
OFFICE OF THE PLANNING
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DIRECTOR
December 30, 1987
Michael Gordon, Esq.
Boose, Casey, Ciklin, et al
515 No. Flagler Drive
Suite 1900
West Palm Beach, FL 33401
Re: Lawrence Lake-Annexation, Land Use Amendment and Rezoning
Dear Mr. Gordon:
Please be advised that on Tuesday, December 17, 1987, the City
Commission postponed the referenced request. The Planning and
Zoning Board will conduct a pUblic hearing on this matter on
Tuesday, January 12, 1988 and the City commission will conduct a
pUblic hearing on Tuesday, February 2, 1988. Both pUblic
hearings will be conducted at Pineland Plaza, 211 So. Federal
Highway, at 7:30 p.m.
If you have any questions concerning this matter, please do not
hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
CA._"J~
CARMEN S. ANNUNZIATO, AICP
PLANNING DIRECTOR
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cc City Manager
Technical Review Board
central File