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CORRESPONDENCE treQ/ure co~t regional planniQg council January 25, 1990 Mr. Ji.m Golden city of Boynton Beach Planning Department Post Office Box 310 Boynton Beach, FL 33425-0110 D~3.r Jim: Here is a copy of the letter we received from the Department of Community Affairs which you and I discussed the other day. Thank you for the information you provided. If you have any questions concerning the status of the proj ect or the Clearance L(~tter/Binding Lett.er process, you should contact the Department of Community Affairs in Tallahassee. just let me know. If you need Ian onald Regional Planner IH:pm Enclosure - ...."CE.1VED . ..J oil" ' ,-" ,\ .1.-.. J.2.t" .' . .;:f.. .~ .. c.d 1 1990 PlAN Nt I'~G t)E:PT~ " 3228 s.w. martin downs blvd. suite 205 . p.o. box 1529 palm city, fIO~!~.a.~ '.. ~)\.l\.U" phone (4071_. ." ~,.. ,-- - Ft.)' (107) 221.4057 SUNCOf,,1 ~"GIL~Gr,{\ .:::i,'.i"f\/1 .',," ~ .' // ',. ....!. '-4.:- ,';.,...;.. .~ r:t.$.." t~; i: .Ii ~.......: ',,; ., ~' - \....~"I(..~.'L.. ..~..c: \ .'~~ -'O.,. ,~,. .' '.'~~~~i '.~".., 1 / ' ----- j-..: /: A- U STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2740 CENTERVIEW DRIVE. TALLAHASSEE, FLORIDA 32399 BOB MARTINEZ G-.- July 6, 1988 THOMAS G. PELHAM Secrmry Mr. Kendrick Tucker Huey, Guilday, Kuersteiner & Tucker, P.A. suite 510 First Florida Bank Building Post Office Box 1794 Tallahassee, Florida 32302 . , '-'-I --r ._J, (~, \.J....- a...... I "- - f ,-__J' 0'- - J i{e';'" ' 'I ;2. r~--- . \ II I ...~ ~l"l ' I ~ r ~l?;j~"'"" Re: Ocean Properties, Ltd./Walboyn; File CL-1088-028 c Dear Mr. Tucker: The Department has received your letter of April 4, 1988, in which you regpested the Department's opinion as to the aggrega- bility of certain parcels of real property located in the City of Boynton Beach, Palm Beach County, Florida. The Department has reviewed the proposed project in terms of aggregability for the purposes of development of regional impact (DRI) review. According to your letter, Ocean Properties, Ltd., owns a partially built development known as Walboyn in Boynton Beach, Florida. Walboyn was approved by the City of Boynton Beach on April 2, 1985, and is located at the southwest corner of Congress Avenue and Northwest 22nd Avenue. The project consists of 154,400 square feet (SF) of retail use with 692 parking spaces on 12 acres, 75,000 SF of office use on six acres, and a 168-room hotel. Ms. Tambri Hayden, of the Boy ton Beach Planning Department, has indicated that the retail and hotel portions are essentially built whil7 the proposed ~~~~ortio~of the development has not yet rece1ved local government approval. According to the information that you provided, Ocean Properties, Ltd., owns 100 percent of the company which is the ownerjdeveloper of Walboyn, Walboyn Development Corporation. :.) ./ L.' !>- I' _! 'i) EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT. RESOURCE PLANNING AND MANAGEMENT , . ,. ~ J<~ I; CIR...c' - I (I / l . ,I- I A/7. C . ~ '( I -! ".,. -- ~ Mr. Kendrick Tucker July 6, 1988 Page Two Boycon, Inc., is proposing to acquire a 36-acre site which abuts the Walboyn site and construct approximately 466 residential units. Ocean Properties owns 45 percent of Boycon, Inc. C&R Development, an unrelated Connecticut corporation, owns 50 percent of Boycon, Inc. The remaining five percent of Boycon Inc., is owned by a Mr. McMurrain, an employee of Ocean Properties, who has no ownership interest in Ocean properties or C&R Development. The walboyn property and the undeveloped parcel are connected by a large drainage pond. Boycon, Inc., now owns the pond. The drainage pond was constructed for stormwater retention and to obtain fill material by the Riteco Corporation (Riteco) as part of the original development planned by this company for both tracts and other lands. The Walboyn site, the apartment site, the drainage pond, and other lands were contained within an approved mixed-use PUD known as the Catalina PUD. The Catalina PUD was a residential development consisting of apartments, condominiums and approximately two acres of retail facilities. According to your conversations with staff, the only development undertaken by Riteco was the dredging of the large drainage pond located on the site. This PUD was abandoned by Riteco, and the property was divided into at least three segments which were sold to separate owners. The Walboyn development was not submitted as an amendment to the Catalina PUD, but as an entirely new development. This, in effect, is a new master plan since a new site plan, new rezoning, new internal roadways, etc., were submitted for the Walboyn development and approved by the city. In addition to the large drainage pond, Walboyn and the proposed apartment project will share other infrastructure such as an internal roadway and recreational facilities. There is also a possibility that the proj~cts may share some form of common marketing scheme. r- \ Rule 28-11.002, Florida Administrative Code (F.A.C.), in part, defines common ownership to exist when legal fee simple interest or equitable interest in two or more parcels of land is vested in the same person at the time physical development of the parcels is initiated. However, the plan that was in existence at the time the drainage pond was dredged (Catalina PUD) was subsequently abandoned. Mr. Kendrick Tucker July 6, 1988 Page Three (: Pursuant to Rule 28-11.003, F.A.C., two or more developments shall be aggregated when they evidence the existence of a unified plan of development and either common ownership or majority interest. A unified plan of development shall be deemed to exist when two or more developments are in proximity to one another, share infrastructure, and evidence the existence of a master plan of development. In your letter, you acknowledge that the subject properties are in proximity to one another and will share infra- structure. You have provided additional information in a letter dated April 11, 1988, which states that shared infrastructure was required by the city and therefore was not voluntary for the purposes of determining aggregability. This issue is moot, however, since according to the information you provided, there exists no common ownership or majority interest between the Ocean Properties, Walboyn Development Corporation and Boycon Inc., which proposes to develop the adjacent properties as an apartment complex at the time physical development of the parcels is initiated. Either majority interest or common ownership must be present in order for aggregation to occur. This determination is based on the current Aggregation rule, Chapter 28-11, F.A.C. Please be advised that as of september 1, 1988, the revised Chapter 380.0651, Florida statutes, Guidelines and Standards, will be effective and will be applied to any developments sought to be aggregated unless they have both (all) received authorization to commence development prior to the effective date of the statute. Such a determination must and will be based on an approved plan of development by the local government with jurisdiction. Therefore, when both developments (in this case Boycon's residential develop- ment and the office portion of the Walboyn development) have received local government approvals to commence development, we hereby request that you ask the Department for another determination. The Department has no independent knowledge of your assertions. Based solely on the information you have provided, it appears that the two developments would not be aggregated for the purposes of DRI review, since no common ownership or majority interest is evidenced. However, the Department reserves all rights pursuant to Chapter 380, Florida Statutes, and Chapter 28- 11, F.A.C., concerning the aggregation of these developments, and further review of these developments may be required at a later date if additional information comes to the attention of the Department. -- m -- -~ - \ Mr. Kendrick Tucker July 6, 1988 Page Four Since, under existing law the sum of the percentages of the appropriate thresholds for each land use in the Walboyn portion of the development constitutes 111.6 percent of the multi-use threshold, the developer may be required to apply for a binding letter of interpretation of DRI status by the Department pursuant to Paragraph 380.06(4) (b), Florida Statutes. The Department is in the process of conducting a preliminary analysis in this regard. !f you have any questions or comments concerning this matter, please call me or Alto P. Thomas in the Division of Resource Planning and Management, Bureau of State Planning, at (904) 488-4925. Sin~~~ ~Thomas Beck, Chief Bureau of State Planning JTBjatp r ,--- cc: Ms. Chris Beditz (TCRPC) Mr. Carmen Annunziato (City of Boynton Beach) , . ~ I Currie Schneider Associates AlA, PA Architects, Planners & Interior Designers 25 Sea breeze Delray Beach. FL 33483 January 4, 1990 407/276-4951. 737-2279 305/429-1566 City of Boynton Beach Planning and Zoning Department 100 E Boynton Beach Boulevard Boynton Beach, FL 33425 Re: Congress Lakes P.U.D. modification Dear Sirs: This will serve as a formal request to modify the Congress Lakes P.U,D., The purpose of this modification is to allow the exclusion of the 13.179 acres known as American Development. It is the intent of the Deve lopers to submit to the City for rezoning to the C-3 COMMUNITY COMMERCIAL DISTRICT Zoning category and follow up with a site plan which indicates approximately 130,000 S.F. of shopping and out parcels. This modification is consistent with the current master plan recently adopted by the City. Should you require any additional information from this office, please do not hesitate to contact us, Sincerely, CUR IE SCHNEIDER ASSOCIATES AlA, PA Associate JAjeb FAX: 407/243-8184 II Currie i Schneidert Associates' AlA, PA ....' I ~ @'(f LF~~OO1J@D Date: ~A~ ~ \ 0 - &1 q 0 To: ..J ~ ~ (,0 \de~ Re: AM. <=:<L . ()E\l. Project No: f? q r; S '2.. Quantity Drawing No. I , I ~ Copies to: Dated Description Architects, Planners & Interior Designers 25 Sea breeze Delray Beach. FL 33483 407/276-4951,737-2279 305/429-1566 FAX: 407/243-8184 We are sending you the following: 'r;i Herewith o Under Separate Cover 1)4 As per your request o For your approval o For your information & record o No exception o Exception as noted o Resubmit o Other Ck~k. ~ two ~ It-+(~ '-\ l/RG.We~+- +0 lVoJL-~ p.uo. ~~~ d, CZA.c~''L~~~ I ,D.~O Dl2--8\J..), 0"'f . Remarks '(\e<LSe. ~ .e e& By: ~~E' ~~ ~ \:~Du) 1 1ov- ~ ~ lA ,-y.) e..- \ <; e . AC)u.\c- If enclosures are not as noted, please inform us immediately.