CORRESPONDENCE
, ,
/',/
flit,
LAW OFFICES
BOOSE CASEY CIKLlN LUBITZ MARTENS McBANE Be O'CONNELL
BRUCE G. ALEXANDER
FLETCHER N. BALDWIN, m
JERALD S. BEER
WILLIAM R. BOOSE, m. p, A,
JOHN D. BOYKIN
PATRICK ..I. CASEY, P. A.
ALAN ..I. CIKLlN, P. A.
CORY ..I. CIKLlN
MICHAEL W. CONNORS
ROBERT L. CRANE
B. JEANE CRIPPEN
FREDRIC E. EPSTlEN
MICHAEL M. GFESSER
LEE B. GORDON
MICHAEL D. GORDON
21 April 1988
A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS
MIKEL D, GREENE
LYNDA..I. HARRIS. P. A,
DAN'EL A, HERSHMAN
DEBRA A. JENKS
BRIAN B. JOSLYN
CHARLES A. LUBITZ. P. A,
RICHARD L. MARTENS. P. A.
LOUIS R. McBANE. P. A.
CLAUDIA M. McKENNA
BRIAN M. O'CONNELL. P. A.
PHIL D. O'CONNELL. JR.. P. A.
JULlEANN RICO
STEPHEN L. SHOCHET
SAMUEL A. THOMAS
SUSAN WILLIAMS
PHILLIP D. O'CONNELL, SR. (1907-1987)
OF COUNSEL
ALAN ..I, ROGERS
NORTHBRIDGE TOWER I . 19TH FLOOR
!lIS NORTH FLAGLER DRIVE
p, 0, DRAWER 024626
WEST PALM BEACH, FLORIDA 33402-4626
TELEPHONE (305) 832- 5900
TELECOPIER (305) 833-4209
Andrew S. Hertel
Palm Beach County Department of
Engineering and Public Works
P. O. Box 2429
West Palm Beach, Florida 33402
Re: Quail Run - Impact Fee Refund/Credit
Dear Andy:
I represent the developers of Quail Run, and they have asked me to
proceed with the appropriate process for obtaining a credit for the
construction of Woolbright Road, as it relates to the above-referenced
project, pursuant to the County's Fair Share Contribution for Road
Improvements Ordinance. I have discussed the matter with Chip Carlson,
and he indicated that the appropriate process was via the Palm Beach
County Engineer's office, despite prior involvement by the City of
Boynton Beach. _dq,,____'
Pursuant to the rfequirements of Section X of the Ordinance, the
developer constructed a portion of Woolbright Read, which is a part of
a major roadwork system, which was an addition to his site-related
improvements. Attached is an Engineer's Cost Estimate certified by
Shalloway, Inc. Pursuant to that Cost Estimate, we hereby request a
credit for all future impact fees of $167,538.00, and a refund of the
$17,984.00, already paid. The extension of Woolbright Road was not
needed for access to this project, in that the project also abutts
Golf Road to the South, which is a major access point. This County
Throughfare Plan road has been designed by the developer to thoroughfare
standards, including the ultimate 6-lane section, and the construction
of Woolbright is extended a considerable distance beyond the entrance
to the project.
:ECErVEl)
7/ <J /7 9
APR 27 1988
~Nrm~e aEPt~
f) 7. \~~'tJ
~'I{~'"
~
~ -.:. ~
~ /I - e.74:f;r;, 3-2.(.- 5>2-
-::::.
.
Andrew S. Hertel
2l April 1988
Page Two
I appreciate your cooperation in this matter, and pursuant to the
Ordinance, we will await the County Engineer's determination as to
whether the proposed construction is an appropriate substitute for the
Road Impact Fee, and the amount of credit to be given.
If you have any questions, please don't hesitate to contact me or Jay
Foy of Shalloway, Inc.
AJC/ag
ccs: Jay Foy
Warren Newel
Bob Burnett, Coscan of Florida
/0
-' Board of County Commissioners
Carol A. Roberts, Chair
Kenneth'M. Adams, Vice Chairman
Karen T. Marcus
Carol J. Elmquist
Dorothy Wilken
County Administrator
Jan Winters
February 10, 1988
Department of Engineering
and Public Works
H, F. Kahlert
County Engineer
Mr. Carmen S. Annunziato
Director of Planning
City of Boynton Beach
211 S. Federal Highway
Post Office Box 310
Boynton Beach, FL 33425-0310
SUBJECT: QUAIL RUN - IMPACT FEE REFUND/CREDIT
Dear Mr. Annunziato:
I have recently received a request for the refund of impact fees paid, and
credit against future impact fees in consideration of the planned construction
of Woolbright Road by the subject project.
It is my understanding that the City is holding a bond to guarantee this
construction.
I am enclosing the following documents for your information:
A request from the project's engineer dated February 5, 1988. (copy)
A certified engineer's cost estimate for the Woolbright Rd.
construct ion. (copy)
As this project is in the City, I have been requested to our Fiscal Management
Office to ask you to review the request, and forward the City's recommendation
regarding the disposition of this matter.
Please feel free to contact me if you have any questions.
Sincerely,
<4,
III - Traffic Division
ASH:te
cc: Jay Foy - Salloway Inc.
Joseph Bergeron, Director, Fiscal Management
file: General - Impact Fees
Mun i c i pa 1 ity ,. }no1Y~Ja9~p~~f\:<anity _ Affirmative Action Employer
BOX 2429 WEST PALM BEACH, FLORIDA 33402-1989 (305) 684-4000
~
February 5, 1988
Palm Beach County Engineering
P.O. Box 2429
West Palm Beach, FL 33402
ATTN: Mr. Andy Hertel
RE: Quail Run - Woolbright Road
Project No. 86074
Dear Mr. Hertel,
As per our phone conversation of February 5, 1988 and
our previous correspondence, we are applying for a full
credit of the traffic impact fees.
To date, our client has paid to the city of Boynton
Beach, traffic impact fees for four multi-family buildings.
Each building has eight units. Total fees paid to date,
$17,984.00. Total project traffic impact fees are
$185,522.00.
Boynton staff informed us the fees collected have been
forwarded to the County. We therefore request two separate
transactions:
1) Credit of all future impact fees ($167,538.00)
so that no future traffic fees are charged,
and
2) A refunQ of the $17,984.00 already paid.
Thank you for your cooperation in the above matter.
Very truly yours,
JGF/pdc
cc: Coscan
FEB 8 19&~
ENGINEERS - PlANNERS . SURVEYORS 1201 BELVEDERE ROAD - WEST PALM BEACH, FlORIDA 33415 305/655-1151
WOOLBRIGHT RD 1/27/88 JGF
ENGINEERS COST ESTIMATE
PAVING, GRADING AND DRAINAGE
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
Seed and mulch 7289 SY @ $ 0.75 SY $ 5466.75
Street sign 1 Ea. @ $ 125.00 Ea. $ 125.00
Stop sign 1 Ea. @ $ 175.00 Ea. $ 175.00
2" ACSC Type S-1 8502 SY @ $ 5.25 SY $ 44635.50
8" Limeroek base 8769 SY @ $ 6.50 SY $ 56998.50
12" Stabilized subgrade 8769 SY @ $ 2.00 SY $ 17538.00
6'x4" Cone. S/W 2100 LF @ $ 7.50 LF $ 15750.00
DOT. Curb inlet wi 2 throats 8 Ea. @ $ 2400.00 Ea. $ 19200.00
15" HCP 368 LF @ $ 19.00 LF $ 6992.00
24" HCP 848 LF @ $ 30.00 LF $ 25440.00
30" Rep 1052 LF @ $ 36.00 LF $ 37872.00
Manhole 3 Ea. @ $ 1100.00 Ea. $ 3300.00
Cone. Endwall wi 15" Dia. 1 Ea. @ $ 700.00 Ea. $ 700.00
Gone. Endwall wi 30" Dia. 1 Ea. @ $ 1300.00 Ea. $ 1300.00
Signing and Striping LUMP SUM $ 4000.00 $ 4000.00
Earthwork LUMP SUM $ 8000.00 $ 8000.00
20" Stabilized Subgrade LUMP SUM $11650.00 $ 11650.00
----------
$ 259142.75
J~a 7(;1~
4,' ,','~;;"f:
, '..( //J r
;/'0 k'
.
Coscan Florida, Inc,
Suite 400 East Building
1900 Corporate Boulevard N,W.
Boca Raton, Florida 33431
(305) 944-1433
HAND DELIVERED
Mr. Carmen Annunziato
Director of Planning
City of Boynton Beach
P. O. Box 310-33425
Boynton Beach, Florida 33425
Re: Quail Run (F.K.A. Quail Lake West)
June' 2, 1987
Dear Mr. Annunziato:
As per the comments at the Technical Review Board this date,
Coscan Florida, Inc. and the City of Boynton Beach (subject
to City Commission approval) hereby agree to the following
roadway improvements in the first phase of Quail Run. (96
multi-family units and 21 single family lots):
1. Golf Road at S.W. 26th Avenue, left turn lane east
approach, deacceleration lane west approach.
2. S.W. 26th Street north to the proposed lift station.
Coscan, with and concurrent to the approval of the replat for
the 96 units and the 21 single family lots will provide the
following:
3. Engineering design of S.W. 26th Street from the lift
station north to Woolbright Road.
4. Engineering design of a two lane section of Woolbright
Road from its present terminus west of Congress Avenue
to the western boundary of Quail Run.
5. Surety in a form acceptable to the City for all
improvements listed in items 1, 2, 3 and 4 as well
as those improvements required under subdivision
regulations.
Coscan will have twenty-one (21) months from the date of plat
recordation of the replat to complete the construction of S.W.
26th Avenue from the lift station to Woolbright Road and
Woolbright Road from its terminus west of Congress Avenue to
the western boundary of this project.
Boca: (305) 994.1433 · Dade: (305) 935.1292 . Broward: (305) 427.3204' N. Palm Beach: (305) 736-8118
Coscan Florida. Inc.
Mr. Carmen Annunziato
June 2, 1987
Page Two
Construction of Woolbright Road will begin if one of the
following conditions becomes imminent:
. Knoth Road extension construction plans are approved
and contracts let for construction of road by City
of Boynton, its agent or oth~rs.
. Palm Beach County lets a contract for the design of
Woolbright Road through Quail Ridge.
. Coscan receives final plat approval for Phase II.
It is Coscan's opinion that if Woolbright Road is constructed
west from S.W. 26th to the western property line prior to any
other roadway connection becoming available, said construction
would not serve the health, safety and welfare of the City of
Boynton Beach. The roadway would deteriorate from lack of use,
become a trash dumping area and an unauthorized area for
individuals to gather.
If you have any questions, please do not hesitate to contact me.
d J. Cuozzo
tor of Planning & Development
cc: Jay Foy - Shalloway Inc.
)
...
,.
,'" " .... ...
MEMORANDUM
JAN 311980
January 30, 1980
To: Mr. James Vance
From: Mr. Peter L. Cheney, City Manager
Re: Letter from Harry Kirsner and Carmen's Response
I have indicated to Mr. Kirsner that I do notbe1ieve that there
is any alternative for him in the subject matter than to either
begin his platting before June 19th or expect to have to reprocess
his P.U.D.
I indicated to Mr. Kirsner that I did not believe the Ordinance
provides for the City council to grant the extension he has request-
ed.
I did tell Mr. Kirsner that I would ask for your opinion and when
I meet with him on February lIth I would give him your response.
;Z/ /C~
Peter L. Cheney
City Manager
PLC:mh
cc:
Central Files
)./Carmen
MEMORANDUM
TO
Peter Cheney,
City Manager
DATI:
1/28/80
I'ILI:
"ItOM
City Planner
SU."I:CT
Letter from Faber & Kirsner
History:
At the time that this P.U.D. was processed by the City, Joe Cogen
and the Kirsner's were partners, and in addition to the P.U.D., the
Master Plan included the commercial zoning at the intersection of
Congress Avenue and Woolbright Road extended. Following approval,
the partnership ended with Mr. Cog en taking the commercial tract as
his share. Cogen subsequently platted and is currently developing.
Over the last year, I have had a steady stream of potential developers
pass thru my office indicating that the residential property was for
sale and had been for some time.
The Request:
. Section 3l-l-J (b) (3) of the Boynton Beach Code requires
that the applicant process plans in accordance with the City Subdivision
Regulations within l8 months of the date of zoning of land to P.U.D.
(l2/l9/78). If such a procedure has not been commenced, the zoning
"shall revert to original or highest zoningll. Mr. Kirsner's request
is to have the effectiveness of his zoning (requirement to commence
platting) extended one year from June 19th, 1980 to June 19th, 1981.
Recommendation:
Section 3l-l-J (b) (3) of the code specifically reads that
action must commence on the platting aspect of development within 18
months. The ordinance offers no avenue of relief, even thru Council,
to the petitioner. Therefore, it appears to me that Mr. Kirsner
must commence platting or lose his zoning.
~J'~
Carmen S. Annunzlato,
City Planner
CSA:pf
I
TO Carmen Annunz iato
City Planner
-,
jl\~ 25\980
SUBJECT: Letter fr'?~,~~~~E,~,~","!5"~E~~~E""",,,^"
FOLD.
FROM Telephone 732-8111
r "{ OF BOYNTON BEACH
Office of the City Manfl.9W 5 lQ, f20
P. O. BOX 310JAN ~ hh'.
BOYNTON BEACH, FLORIDA 3343S
""",_."",__~,~,._",.."",.,._,DA TE:
lz.~?!80 _
Would you please give me your comments on the attached letter and
indicate whether or not you recommend approval of this, and whether or
not the requested extension must be approved by the City Council and
what that procedure is.
PLC : S r
Attachment
cc: Central File
PLEASE REPLY TO
SIGNED
..
REPLY
See attached memo.
DATE:
SIGNED
,'," ,,/''''''l
'y
t - ~/I,
,/
.l ("//7'
~
J;
THIS COPY FOR PERSON ADDRESSED
FAllER & KIRSNER
ATTORNEYS AT LAW
MARX M. FABER
HARRY KIRSNER
SUITE 90S
AINSL.EY BUILDING
14 N. E. FIRST AVENUE
MIAMI. FLORIDA 33132
TEL.EPHONE (305) 358-2377
January 22, 1980
Mr. Peter Cheney
City of Boynton Beach
120 N. E. 2nd Avenue
Boynton Beach, Florida 33435
Platting requirements - property at Northwest
quadrant of Congress Avenue and Golf Road
Dear Mr. Cheney:
In re:
My father and I are the owners of the 105 acres planned unit
development at the northwest,corner of Golf Road and Congress
Avenue.
On December 19, 1978 our planned unit development was approved
by the City Council, Ordinance #78-61 and 78-62.
According to the planned unit development ordinances, our first
plat must be filed within l8 months of the PUD approval.
During the last year we have been attempting to obtain financing
to begin development of our property but notarious1y high
interest rates coupled \vith low sales of the project to the
south of us, has severely hampered our efforts.
Consider this letter as our formal request for a one~year
extension to the 18 month platting requirement.
I appreciate your consideration of this matter.
Sincerely yours"
, k/
...J.-..d../'~c-(""7 I \.....&~l..4A-.t.?1
Harry Ki rsne r
HK:s
c
,.
'/-~71' '~,::>>~
, '..).\
........\
\;:,1 \
Ji' ',C,.'::0 " \
.-, ,'.. J l:~;\
(" '
\.,', s ,'.; _
-', ~~~ j
~.~ t
,j/'~! I
"
'j
. ./
-,.,......
LAw O,.,.,CEB
ZEIGER &: ZEIGER
SUITE 303 . DADELAND TDWERB
9300 5DUTH DADELAND BLVD.
IrILUO. FLORIDA SSl~8
F'REDERICIC ZEIGER
MITCHELL S. ZEIGER
TELEPHDNE 666-2B91
AREA CD DE 305
Mare~ 17t~. 1t78
Cle, .f -.,at. 1e.1l
.. 0." 310
..,.t_ ".h, rlecfAa 3343S
Il1....I9t11tOjll ....~ .~o..rty- l.._~ ",p,l1ca.tU!L
a.t~.:
Thia la ill .-.a_tlOD vltla th. proposect ".oolDa ""pliea.
t 1_ to be ..ct. by BaITY KUlaer, Isquir.. of tb. law
flrm of raber & Xlrs...r, 14, Nortb..lt 1st Avenue, Miami,
Flor1cla, nth. property delcribed In the copy of the
enclosed Warranty Deed covering certain property 10
Sectioa 31. Townabl, 45 South, Ranle 40 la.t, P.ta Beach
County, Florida.
Alao encloaed are cop181 of Coosents by lIlore than 511, of
the b.-fieurl.. of the Truet. of which 1 am. th. aamed
Truat.., to the _kiDl of AD applleatiOD to r..one the
property.
1. .1 the holder of title, as Truatee. '0 hereby autborlae
the law firm of raber & Klrlnel' to represent.. 1D tbe uklDl
aDd proc.s.1q of the .pplicatlon for s.id reao-iDl.
Very trul,. yourl.
ZEIGER & ZIIGER
BY: - ~". 0 - J,~ r---
~~ICZR -
I'Z lab
.. 11.
FAllER & KIRSNER
A'TTORNEYS AT L.AW
. SUITE 805
AINSLEY BUILDING
14 N. E. FIRST AVENUE
MIAMI. FLORIDA 33132
TELEPHONE C30s1 358-2377
March 2, 1978
MARX M. FABER
HARRY KIRSNER
Frederick Zeiger, Esq.
suite 303, Dadeland Towers
9300 South Dadeland Blvd
Miami, Florida 33156 .
Re: Zoning Boynton Beach Property
Authorization to Proceed.
,Dear Mr. Zeiger:
The undersigned, constituting more than 51% of the beneficiaries
of the trust'on the Boynton Beach property, have agreed that
in order to protect the subject property until the sale thereof,
relating particularly to the highest and best use, an applica-
tion be made to rezone the entire tract of property in
accordance with the Land Plan prepared by Walter Taft Bradshaw
& Associates.
It is suggested that the 'Law Office of Faber & Kirsner be
employed for that purpose. ,
Very truly yours,
~
J lius Bercun
1\
Sy~.~'e;Jc~ IN~
:u
~
Joseph Cogen
"
if'- -.;~ "'...~--;
. .'
. '.
.". ...
I'
I
;.
~
, !.t.
--:' iI.
f\
{
.
.
,
[
~
r.
: I
t1
. ,
I
, '
I'
, '
I
~
I