CORRESPONDENCE
CITY MANAGER'S OFFICE
CITY OF BOYNTON BEACH
TO: Jim Cherot, City Attorney
DEPARTMENT:
APPROPRIATE ACTION_
EVALUATIONlRECOMMENDATION_
FOR YOUR FILES_
ACTION DESIRED PRIOR TO
DATE: March 30,1994
FOR YOUR INFORMATION_
NOTE AND RETURN
OTHER
SUBJECT: CONSTRUCTION OF MINER ROAD
Attached hereto please find a copy of letter dated March 24,1994 from Charles Walker
Jr., P.E., Director-Traffic Division, Palm Beach County Dept. of Engineering and Public
Works, to my attention, capsulizing a recent phone conversation we had last week
whereby the City and the County would work together in constructing Miner Road from
Lawrence Road to Congress Avenue. It was Mr. Walker's suggestion that an interlocal
agreement be entered into between the County and the City which would contain the
points as enumerated in said letter. I indicated to Mr. Walker that I felt that this would
be an acceptable proposal that would result in Miner Road being constructed.
As noted in Mr. Walker's letter, he has requested Ellie Halperin, Assistant County
Attorney, to prepare a draft of this interlocal agreement between the two governmental
entities. You ot course will be consulted regarding the content of said document.
It is felt by this office that this proposal is certainly one that has merit, and hopefully it
will be accepted and approved by both the City and the County. Should you have any
questions relative to this matter as presented, please feel free to contact me. Thank
you.
. Scott Millef'C
ity Manag8f',~:
JSM:smb
Attach.
c: Mayor & City Commission
Tambri Heyden, Acting Planning & Zoning Director
Jim White, P.E. City Engineer
RESPONSE:
Date (Action Completed)
Signature
.
Board of County Commissioners
Mary McCarty, Chair
Ken L. Foster, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
Burt Aaronson
Maude Ford Lee
County Administrator
Robert Weisman
Department of Engineering
and Public Works
March 24, 1994
J. Scott Miller, P.E.
City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Bovnton Beach, FL 33435
RE: CONSTRUCTION OF MINER ROAD
FROM LAWRENCE ROAD TO CONGRFSS A VENUE
Dear Mr. Miller:
This is to confirm our recent telephone conversations on procedures whereby the City and
County could jointly work together to construct the subject roadway.
It is my suggestion that an interlocal agreement be entered into between Palm Beach County and
the City of Boynton Beach which would contain the following points:
o The City of Boynton Beach would hire and pay for a consulting engineer to ..complete
construction plans for this roadway to County specifications and provide these plans to
Palm Beach County in a bid ready format. The consultant for this work, along with the
fee, would be approved by Palm Beach County.
o The City of Boynton Beach has approximately $297,840 available from developers to
accomplish this construction. The costs for the plans would be subtracted from this
1t.:1 51 twO rft!~51 .~ld the balance would be provided to Palm Beach County upon the completion
! ~"JLJ!_. ~I Ians or October 1, 1994, whichever is later.
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& '1, !Wtm Beach County would provide traffic impact fee credits to the developers who have
___.__ _._p~ovided these funds.
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o Palm Beach County would program this work in its fiscal year 94/95 road construction
program and would take the project to construction as soon after October 1, 1994 as is
practicable.
o It is estimated that this project would cost approximately $450,000. It is understood that
Palm Beach County would provide the additional funds required to construct this
roadway.
"An Equal Opportunity. Affirmative Action Employer"
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@priflt.oonr~".,.,
Box 21229 West'palm Beach, Rorida 33416-1229 (407) 684-4000
J. Scott Miller, P.E.
City of BoyntOn Beach
March 24, 1994
Page Two
o Upon completion of the roadway, Palm Beach County would accept this road as a County
maintained road as to jurisdiction and maintenance.
The above is a proposal that clearly would require approval of both the City Commission and
the Board of County Commissioners. By phone conversation on this date, you have indicated
that you feel this would be an acceptable procedure. By copy of this letter, I am requesting
Assi.stant County Attorney, Ellie Halperin, prepare th~ 'draft of this interlocal agreement and
work directly with City Attorney James A. Cherof. When the first draft is complete, I will
contact you for a meeting so that the details of this proposal can be worked out.
I look forward to working with you concerning this matter.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
~~
Charles R. Walker, Jr., P.E.
Director - Traffic Division
CRW:emg
pc: George T. Webb, P.E. - County Engineer
Edwin A. Jack, P .E. - Deputy County Engineer
Ellie Halperin - Assistant County Attorney
L. Javier Lopez, P .E. - Roadway Production Division
Verdenia Baker - Impact Fee Coordinator
James A. Cheroff - City Attorney, City of Boynton Beach
file: Municipalities - City of Boynton Beach
Roads - Miner Road
crw\miDer
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AGENTS AGREEMENT
MELEAR PLANNED UNIT DEVELOPMENT
SEPTEMBER 26, 1988
Before me, the undersigned authority personally appeared
Michael Melear, individually and as Co-Personal Representa ti ve
of the Estate of Carrilla Melear, who being by me, first duly
sworn on oath deposes and says:
That he is the fee simple title holder of the property
contained wi thin, and known as, Phases 2 through 5
(inclusive) of the Mealear Planned Unit Development.
Tha t Michael Melear, indi vidually and as Co-Personal
Representative of the Estate of Carrilla Melear, has entered
into a contract with the Gene B. Glick company, Inc. to
convey after sale that same described property.
Tha t Michael Melear, indi vidually and as Co-Personal
Representative of the Estate of Carrilla Melear, is aware
of a proposal by the Gene B. Glick Company, Inc. to amend.
the Master Plan for phases 2 through 5 (inclusive) of the
Melear PUD and consents to such.
That Michael Melear,
Representative of the
to allow URBAN DESIGN
proposed amendment to the
indi vidually and as Co-Personal
Estate of Carrilla Melear, consents
STUDIO to represent as agent the
PUD Master Plan.
m~~
Michael Melear, indlvidually and
as Co-Personal Representative
of the Estate of Carrilla Melear
Sworn to and subscribed before me this
26th day of September, 1988
Ghjj:;~,LO~J
Notary Publi , St te of Florida at.Large
My Commission eXPires:7-~-q~
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AGENTS AGREEMENT
MELEAR PLANNED UNIT DEVELOPMENT
SEPTEMBER 26, 1988
Before me, the undersigned authority personally appeared
Larry Wayne Melear, individually and as Co-Personal Representative
of the Estate of Carrilla Melear, who being by me, first duly
sworn on oath deposes and says:
That he is the
contained within,
(inclusive) of the
fee simple title holder of the property
and known as, Phases 2 through 5
Mealear Planned Unit Development.
That Larry Wayne Melear, individually and as Co-Personal
Representative of the Estate of Carrilla Melear, has entered
into a contract with the Gene B. Glick company, Inc. to
convey after sale that same described property.
That Larry Wayne Melear, individually and as Co-Personal
Representative of the Estate of Carrilla Melear, is aware
of a proposal by the Gene B. Glick Company, Inc. to amend
the Master Plan for phases 2 through 5 (inclusive) of the
Melear PUD and consents to such.
That Larry Wayne Melear, individually and as Co-Personal
Representative of the Estate of Carrilla Melear, consents
to allow URBAN DESIGN STUDIO to represent as agent the
proposed amendment to the PUD Master Plan.
L
Larry Wayn Melear, individually
and as Co-Personal Representative
of the Estate of Carrilla Melear
Sworn to and subscribed before me this
26th day of September, 1988
~(jlIJtfi 7{.'-rnCl1P~l P
Nay PubllC, State of Florida at Large
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My Co_'o",oo exp' IS O"<~MSC'~~'
L.aura ",",
NOTAA't Noterv Public Stale ot Florida
SeA\. Mv Commission bplrel
Januarv 271990
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September 26, 1988
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city of Boynton Beach
Planning Department
P.O. Box 310
Boynton Beach, FL 33425
ATTN : CARMEN ANNUNZIATO, PLANNING DIRECTOR
RE MELEAR PUD AMENDMENT - OUR REF, # 121118111.1114
Dear Mr. Annunziat~
,
,Please accept this letter as our request for an approval of a
.minor amendment to the Melear PUD Master Plan. This request is
'made on behalf of the Gene B. Glick Company, Inc., which has
ehtered into a contract to purchase that property generally
dbscribed as Phases 2 through 5 of the PUD.
(
The purpose of the amendment is to allow a change in housing
types (from quadraplexes and condominiums to rental apartments),
to increase in the total number of planned single family units,
and to modify the phasing schedule.
As shown on the revised Master Plan submitted with this request,
these changes are reflected as follows:
- All of Phase 4 and a portion of Phase 2, consisting of 37.5
acres, (excl usi ve 0 f the 1. 2 acre recreation area) will be
developed for 181 single family homes. These lots will be
developed with a minimum of 5,000 square feet per lot;
- The balance of Phase 2 and all of Phase 3 will be developed for
492 rental apartments, consisting of 40 percent one-bedroom
units, 50 percent two-bedroom units and 10 percent three-bedroom
units;
- The Phasing schedule is modified as shown.
Pursuant to our discussion with Jim Golden about this
application, we have reviewed the proposed changes to this
development with respect to traffic generation and utility
service needs. Based on this review, described in the
Urban Urban Planning
Design Landscape Arehltecture
Studio Graphic Dealgn
2000 Palm Beach Lakes Boulevard
Su~e 600 The Concourse
West Palm Beach, Florida
334D9-ll582
407.689.0066
Bl:12080.04 3
Stuart. Fl 407.283.0022
Newport Beach, CA 714.675.6658
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Carmen Annunziato - Our Ref.# 12080.04
September 26, 1988
Page Two
'<,:'
documentation accompanying this application, we have determined
that these changes will generate no significant additional impact
on public services. We have also determined that the drainage
system planned for this development is sufficient and will
require virtually no modification to accommodate the development
as currently proposed.
We plan to be present for the Technical Review Board meeting
scheduled for October 4th to discuss this application. In the
meantime, if you have any questions or comments about this
application, or if you require additional information, please do
not hesitate to call us.
Thank you for your consideration in this matter.
Sincerely,
Urban Design Studio
~
Anna Cottrell
Project Manager
cc: James Bisesi, Vice-President, Gene B. Glick Company, Inc.
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M E M 0 RAN DUM
September 29, 1988
TO: FINANCE DEPT.
FROM: JAMES J. GOLDEN, SENIOR CITY PLANNER
RE: PROCESSING OF CHECKS
Attached please find the following checks:
Institute of Marine Science, Environmental Review PermIt, in the
amount of $200.00;
Boynton Lakes Joint Venture, Master Plan Modification, in the
amount of $200.00;
. ~ne B. Glick for Melear PUD, Master Plan Modification, in the
~amount of $200.00;
K. Hovnanian for Lawrence Groves, Master Plan Modification, in the
amount of $200.00;
Citrus Glen Master Plan Modification, in the amount of $200.00;
Ryan Homes, for Meadows 300 Tract L "Heatherlake," Master Plan
Modification, in the amount of $200.00;
Bertoli's Pizzeria & Restaurant, Site plan Modification, in the
amount of $200.00;
Sun Bank for Sun Bank North, site Plan Modification, in the
amount of $200.00;
Coscan Florida, Inc., for Quail Run Phase II, site Plan, in the
amount of $350.00.
Account numbers for deposit are indicated on the back of the
checks.
J:;.t~LftL
JJG:ro
Attachments
-
--
Larry Melear
129 West Ocean Ave.
Bovnton Beach, Fl3343S
Oct. 5 1988
Mr. Carmen Annunziato
City Planner
City of Boynton Beach
P.O. Box 310
Boynton Beach F133425-0310
Re: Melear PUD - Credit for Water Tank Site
Dear Carmen:
After our phone conversation yesterday, I researched the city clerks files
and found the enclosed documents. I hope this will clear the matter up.
Sincerely,
L~~
Larry Melear
cc: Ann Marie Rezzonico
RECEIVED
OCT 6 1988
PLANNiNG DEPT.
-
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- C1IKlIln &.
mAiRrEn~S
LAW OFFICES
Received
Date
lime
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WILLIAM R. BOOSE. III
ALAN J. C1KLlN. P.A.
ANNI W. COLLETTE
STEPHEN FRY
RICHARD L. MARTENS. P.A.
KERRY R. SCHWENCKE
CORY J. CIKLlN
20 October 19B3
Mr. Carmen Annunziato
City Planner
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
Re: Melear PUD
Dear Carmen:
I've discussed the results of our on-going conversation with
Larry Melear, representing the Melear family, and he has agreed
to the following:
1) The Melear family will dedicate three (3) acres to
the City for governmental services at the corner of
Miner Road and Congress Avenue. The dedication is
subject to the following: a) a 2-story height limitation
on any building; b) a 40-foot landscaped buffer between
the 3-acre site, and the abutting residential properties;
c) no open storage; d) if the property ceases being
used for governmental purposes, it will revert to the
Melear family; e) the Melears will be able to continue
to use the 3-acre site until the City notifies them
in writing that construction will commence within sixty
(60) days.
2) The Melear family will dedicate between 1.3 - 1.S-acres
to the City for a water repump site to be located at
the N. W. corner of the property. The Melears will
receive a credit against the City's required payment
of capital facilities fees. The amount of the credit
will be determined by the current fair market value
of the property, which will be agreed upon by the
parties, or if the parties fail to agree, by an appraiser
to be chosen by them. Upon dedication of the water
repump site, the City will, within six (6) months,
agree to fence the property and buffer along the property
lines with trees, that when full grown will provide a
visual buffer from the repump facility. In the event
the City is able to locate an alternate site on adjacent
property (i.e. Knollwood) suitable for the repump
~IGKTH FlOOA THE concOURSE' 2000 Pfl.M BffiCH Lw.E~ BlVD WEST PAlM BE.ACH FlOf'.DA' 33409 13051 689.9595
TU.H 510 952 7C46
Mr. Carmen Annunziato
20 October 1983
Page Two
facility, then, in that event, the repump site will
revert to the Melears; they will pay the City any credits
previuosly taken, and will reimburse the City for fencing
and landscaping.
3) Water and sewer charges which are required to be paid
by developers within the City will be paid on a plat
by plat, or phase by phase basis. The Melears will
not be penalized for this payment arrangement unless
amounts due have not been paid for a specific plat.
4) The City will agree to adopt an ordinance requiring
land dedications for public purposes or cash in lieu
thereof, within six (6) months from the date of approval
of the Melear PUD. .
You have indicated that this matter will be scheduled for the
November 1, 1983 meeting of the City Council, whereupon it will
be removed from the table, discussed, and voted upon. I will
assume that the matters set forth herein are acceptable to you,
Mr. Cheney, and Mr. Cessna, unless I hear to the contrary.
I appreciate your cooperation in this matter, and I believe
that through the on-going discussions between the City's Staff
and the Melear family, both parties will be proud of the end
result.
AJCjag
ccs: Harry Johnston, Jr., Larry Melear, Jim Vance, & Ron Hoggard
.
REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
NOVEMBER 1, 1983
all be kept on site and Mr. Clark agreed and added that the
permit will not allow it to be removed off site.
Councilman deLong moved to approve this request from Quail
Lake West, seconded by Councilman Cassandra. Motion carried
5-0.
Councilman Cassandra moved to revert to the regular order of
business, seconded by Mr. Zimmerman. Motion carried 5-0.
PUBLIC HEARING - 8:00 P. M.
Approve request for amendment to Future Land Use Element of
the Comprehensive plan submitted by Alan Ciklin to show
annexed property as Moderate Density Residential and to
rezone from AG (Agricultural District) to planned Unit
Development with a Land Use Intensity = 4.00 (PUD w/LUI =
4.00). This proposed PUD provides for the construction of
1,005 residential units and 3.1 acres of neighborhood com-
mercial uses (Tabled)
Location: The NE 1/4 of section 18, less the East 50.00
feet thereof and right-of-way for L.W.D.D. Canal
L-20 and L-2l, together with the NE 1/4 of the NE
1/4 of the NW 1/4 of said Section 18, less the
right-of-way for L.W.D.D. Canal L-20. said land
situated, lying and being in Palm Beach County,
Florida. containing l54.5~ acres more or less.
West of North Congress Avenue, between L-20 and
L-2l Canals.
Mr. Cassandra moved to remove both items from the table,
seconded by Mr. deLong. Motion carried 5-0.
Mr. Vance referred to discussions between the city staff and
developer being on-going and stated just prior to the
meeting, a letter was hand-delivered to him from Mr. Ciklin.
He then read the attached letter into the record. He added
that essentially these conditions have been reviewed by the
city staff and present no problem. It will take approxima-
tely five weeks to complete the annexation process and the
deeds will be furnished to the staff during that period. He
gathers the staff, as a whole, has essentially resolved the
pending matters in relation to this annexation and from the
staff's viewpoint, it can proceed.
Mr. Cheney added that having been a proponent of this, we
are satisfied and it has our approval. He knows all the
issues have been resolved. He thinks the equities are fair.
It is an important piece to the City. If this causes an
ordinance to be required in the future for all subdivisions,
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CllKLln <&
mARTEns
LAW OFFICES
WILLIAM R. BOOSE. III
ALAN J. OKLlN. P.A.
ANNI W. COLLETTE
STEPHEN FRY
RICHARD l. MARTENS. P.A.
KERRY R. SCHWENCKE
CORY J. OKLlN
31 October 1983
HAND DELIVERED
James W. Vance, Esquire
1615 Forum Place
Barristers Building
Suite 200
West Palm Beach, Florida 33401
Re: Melear PUD
Dear Jim:
Pursuant to our conversation of October 31, 1983 regarding my
previous letter to Carmen Annunziato of October 20, 1983, my
clients agree to the following:
1) The Melear family will dedicate three (3) acres to
the City for governmental services at the corner of
Miner Road and Congress Avenue. The dedication is
subject to the following: a) a 2-story height limitation
.on any building; b) a 40-foot landscaped buffer between
the 3-acre site, and the abutting residential properties;
c) no open storage; d) if the property ceases being
used for governmental purposes, it will revert te~the
Melear family; e) the Me1ears will convey clear tft1e
and give possession to the City upon annexation; however,
the City will agree to lease back the property to the
Me1ears at the rate of $1.00 per year, providing the
agreement may be cancelled by the City upon notification
in writing that construction will commence within sixty
(60) days; (f) the Me1ears will use the w1eased backw
property for landscaping, buffering and sales signage,
and there will be no_permanent construction.
'L- Ir<-.
2) The Melear family will dedicate between 1.3 1.5 acres
to the City for a water repump site to be located at
the N. W. corner of the property. The Melears will
receive a credit against the City's required payment
of capital facilities fees. The amount of the credit
will be determined by the current fair market value
of the property, which will be agreed upon by the
parties, or if the parties fail to agree, by an appraiser
to be chosen by them. Upon dedication of the water
EIGHTH FlOOR. THE concOURSE. l1000 PAlM 8EflCH U1KES BlVD. WEST PALM BEACH. FlQAl)fl . 33409 . I30SJ 689, 9595
TlUi 510952~
James W. Vance, Esquire
31 October 1983
Page Two
repump site, the City will, within six (6) months,
agree to fence the property and buffer along the property
lines with trees, that when full grown will provide a
visual buffer from the repump facility. In the event
the City is able to locate an alternate site on adjacent
property (i.e. Knollwood) suitable for the repump
facility, then, in that event, the repump site will
revert to the Melears; they will pay the City any credits
previously taken, and will reimburse the City for fencing
and landscaping_
3) Water and sewer charges for oversized lines which are
required to be paid by developers within the City will
~ PA~d on a_plat by plat basis.
4) The City will, in good faith, consider an ordinance
requiring land dedications for public purposes or cash
in lieu thereof, within six (6) months from the date
of approval of the Melear PUD.
I'm having this letter as amended and as discussed delivered
to you by hand this afternoon so that we may make every effort
to be on the Agenda for tomorrow night's City Council meeting.
If you have any questions upon receipt, please do not hesitate
to call me.
Sincerely,
F,
~
Alan J. Ciklin
AJC/ag
ccs: Carmen Annunziato, Harry Johnston, Jr., Larry Melear,
Peter Cheney & Ron Hoggard
~~
MEMORANDUM
12 January 1984
TO:
Peter L. Cheney, City Manager
FROM:
Carmen S. Annunziato
Director of Planning
RE:
CREDIT/REPUMP FACILITY/MELEAR PUD
Accompanying this memo you will find a copy of a letter from
Alan Ciklin which discusses the value of land per acre pre-
viously agreed upon for the regional water repump facility to
be transferred to the City by the Melears.
Please advise as to how you would like to address this matter.
a~
CARMEN S.
<.)L ~
ANNUNzr&
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cc:
Utility Directo5
Central File V
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mARTens.
LAW OFFICES
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JAN !. 1 ,qf\^
PUS{NING DI:.PT.
WILLIAM R. BOOSE. 1\1
ALAN J. CIKlIN. P.A.
CORY J. ClKlIN
ANNI W. COLLETTE
STEPHEN FRY
RICHARD l. MARTENS. P.A.
KERRY R. SCHWENCKE
9 January 19B4
Mr. Carmen Annunziato
City Planner
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
Re: Melear PUD - Credit for Repump Facility Site
Dear Carmen:
As you know, I have forwarded the proposed deeds on to Jim Vance
for review and comment. As you will recall, the water repump
facility site is being conveyed, subject to our receiving a
credit against the City's required payment of capital facilities'
fees. This is as per our agreement confirmed in my letter of
October 31, 1983. On or about December 5, 1983, we discussed
the amount of the credit, and agreed between us that a reasonable
figure was $40,000.00 per acre, or about $7,000.00 per unit.
I believe that we should have confirmation of that figure prior
to the time we actually convey the property, so that this stone
is not left unturned.
At your earliest convenience, please discuss the matter with
the appropriate authority, and confirm that to me - preferably
in writing. I might also add that should another repump facility
site be found, any credits received by the Melears would be
rebated.
If you have any questions or comments, please don't hesitate
to call me.
AJC/ag
cc: Harry Johnston
Larry Melear
EIGHTH FLOOR. THE COflCOUFlSE. 2000 PALM BEACH LflKES BLVD. WEST PALM BEACH' FLOODA . 331'.09 . 13051 689' 9SOS
TlUI 510952.7646
M E M 0 RAN DUM
October 10, 1988 .
TO: CHAIRMAN AND MEMBERS
PLANNING AND ZONING BOARD
FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR
RE: MELEAR PLANNED UNIT DEVELOPMENT
MASTER PLAN MODIFICATION-STAFF COMMENTS
Please be advised of the Planning Department's comments in
connection with the above-referenced request for approval of an
amended master plan:
1. The Technical Review Board (TRB) recommends that the
proposed minimum lot size for the single-family tract
(phase three) be increased from 5,000 square feet to
6,000 square feet. The basis for this recommendation
is that there are a large number of the 5,000 square
foot lots in the planned unit developments in the
northwest portion of the City (inclUding the Meadows,
Boynton Lakes, Lawrence Grove, Citrus Glen, etc,) and
it has been the experience of the TRB that ~here these
small lot sizes have been approved, there has been a
frequency of attempts to further reduce approved set-
backs to allow for additional buildable area and
amenities (such as screened porches) owing to the
initial small lot size. Many of these proposed amendments
occur after the homeowner finds that there is not enough
room to do the things or enjoy the amenities that the
homeowner desires.
2. There is an Obligation on behalf of this development
to signalize the intersection of Sandalwood Drive and
North Congress Avenue. This improvement has not yet been
bonded. It is recommended that a bond be posted for this
improvement within sixty (60) days of approval of this
application.
3. In accordance with Section 9.B of Appendix B, planned
Unit Developments, peripheral yards abutting other zoning
districts shall be the same as required in the abutting
zone. Future site plan or plat submittals should reflect
this requirement.
4. Proposed access to phases two, three and four from
Sandalwood Drive must be consistent with Section 1 of
Article X of Appendix C "Subdivisions, Platting" of
the City of Boynton Beach Code of Ordinances.
5. At the time of approval of the preliminary plat(s)efor
the single-family tract (phase three) a plan must be
submitted which specifies the proposed setbacks for
each lot, including setbacks for proposed amenities
such as swimming pools, spas, and screened enclosures.
proposed setbacks should meet or exceed minimum city
standards (contact Planning Department for further
details) .
6. An appropriate buffer should be incorporated between
the single-family lots in phase three and the Miner
Road right-of-way. This buffer should be placed in
an easement maintained by the homeowner's association.
-2-
7. The developer of phase three should also consider the
construction of a buffer between the lots adjacent to
the west property boundary and the City's water storage
facility.
8. Any proposed signs or recreation areas will require
future site plan approval.
,
C~:N S. ANNG:ZIA~......2
CSA:ro
cc Anna Cottrell
Central File
j~
AGE N DAM E M 0 RAN DUM
October 10, 1988
TO: PETER L. CHENEY, CITY MANAGER
FRO~: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR
RE:'. MELEAR PLANNED UNIT DEVELOPMENT
MASTER PLAN MODIFICATION
Anna Cottrell, agent for Gene B. Glick Company, Inc., Trustee,
has requested a modification to the previously approved master
plan for the Melear PUD. The modification requested is to change
the unit types and phasing schedule for the remaining undeveloped
property south and west of Sandalwood Drive (for a further
explanation see attached correspondence from Anna Cottrell).
The procedure for approving master plan modifications in planned
unit developments is twofold. First, the City Commission must
make a determination as to whether or not the changes requested
are substantial in nature. A determination of substantial change
on the part of the City Commission, which has sole discretion in
this matter, would require a new application for PUD. On the
other hand, a determination of no substantial change allows the
forwarding of the request to the Planning and Zoning Board. The
Planning and Zoning Board then may approve the request. This
procedure appears in Appendix B, Section 12 of the Code of
Ordinances.
With respect to the change requested by Ms. Cottrell, the
Technical Review Board (TRB) met on Tuesday, October 4, 1988 to
review the plans and documents submitted, and they offer for your
consideration, a recommendation that the Commission make a
finding of no substantial change for the modification requested
and that this request be forwarded to the Planning and Zoning
Board for approval subject to staff comments.
c2.. <. _
CARMEN S.
_tit ~
ANNUNZIATO P'
CSA:ro
cc Anna Cottrell
Central File
CITY of
BOYNTON BEACH
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(j;.... 120 E. Boynton
i"..., .'\ P. o. Box 310
i.:~...,BOynton Beach,
17 March 1989
Ms. Anna Cottrell
Urban Design Studios
Suite 600 - The Concourse
2000 Palm Beach Lakes Boulevard
West Palm Beach, FL 33409-6582
Re: Melear PUD
Dear Ms. Cottrell:
In response to your lette~ dated March 1, 1989 concerning the
above-referenced project,. please be advised of the fOllowing:
1. Sidewalks are required in public rights-of-way.
2. Sidewalks are highly recommended along private rights-of-way
and can be placed within an easement on the private lots,
subject to approval by the Technical Review Board, Planning
and Zoning Board, and the City Commission.
3. Concerning setbacks, if the lots front on a pUblic street, the
PUD regulations require a 25 foot front setback. All other
setbacks are subject to approval by the Technical Review
Board, the Planning and Zoning Board, and the City Commission.
Aside from the clarification of the front setback requirement
listed above, all other setbacks indicated in your
correspondence appear to meet minimum City guidelines.
4. All other information in your letter appears to be accurate.
Very truly yours,
CITY OF BOYNTON BEACH
r-f'~
James J. Golden
Senior City Planner
JJG/csd
cc: Central File
March 1, 1989
City of Boynton Beach
planning Department
P.O. Box 310
Boynton Beach, FL 33435
Attn
Jim Golden, Senior planner
RE
Melear PUD site Planning - Our Ref.. 22989.97
Dear Jim,
Forgive my delay in writing to you, but I wanted to express my
appreciation for your time in meeting with me last week regarding
the Melear PUD. I would also like to take the oppportunity to
memorialize some of my thoughts about our meeting, in order that
I might receive confirmation from you that my understanding of
certain items we discussed is correct.
Pursuant to our discussion,
should accommodate the
requirements:
site and master planning for the PUD
following property development
- sidewalks throughout the single family tract are required;
- sidewalks for private streets can be included within the street
right of way, or within an easement within private lots
boundaries;
- front yard building setbacks should be calculated from the
"front" property boundary as follows:
a 25' setback is required if the sidewalk is within the lot
boundary
- a 20' setback is required if the sidewalk is located within
the right of way;
- no dead-end or T-turn street endings are allowed; a cul-de-sac
must be provided;
- subdivision regulations prohibit private driveway entrance onto
Sandalwood Drive;
- a 7 1/2' side yard setback on each side is required for
conventional single family lots;
- a 15' side yard setback is required for patio homes (zero lot
line units);
- widths of buffers shall be as shown on the approved Master
Plan, i.e., 25' on the west property boundary, and 10' on most
of the rest of the perimeter;
Urban Urban Planning
Design Landscape Architecture
Studio Graphic Design
2000 Palm Beach Lakes Boulevard
Suite 600 The Concourse
West Palm Beach, Florida
33409.6582
407.689.0066
Stuart, FL 407.283.0022
Newport Beach, CA 714.642.1090
Jim Golden - Our Ref. * 22080.07
March 1, 1989
Page Two
_ proposed changes to buffer widths will require a minor
amendment to the Master Plan, with required approval by the
Planning and Zoning Board after review by the City Commission,
and,
_ the planning Director will decide whether proposed changes in
the location or configuration of the recreation site can be
approved administratively.
I would very much appreciate your concurrence, indicated by your
signature at the bottom of this letter and return of same, with
the above stated requirements. If any of this information is
incorrect, please indicate this, and the correct requirement. If
you have any additional comments, please feel free to call me.
Thank you very much for your time and consideration in this
matter.
Sincerely,
URBAN DESIGN STUDIO
~
Anna Cottrell
project Manager
I CONCUR WITH THE STATEMENTS MADE IN THIS LETTER WITH RESPECT TO
THE REQUIREMENTS FOR SITE AND MASTER PLANNING FOR THE MELEAR PUD.
James Golden
City of Boynton Beach
cc: Carole Amundson, Urban Design Studio
James Bisesi, Gene B. Glick Co., Inc.
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December 19, 1988
", THE METRO COMPANIES
Mr. Carmen Annunziato
Director of Planning
CITY OF BOYNTON BEACH
P.O. Box 310
Boynton Beach, FL 33425-0310
Dear Mr. Annunziato:
Thank you for meeting with Mr. Bisesi and myself on Thursday. I believe we
were able to straighten out many of the questions we had.
I would like to go over briefly what we discussed to make sure I understand
everything correctly:
1. The 1.2 acre recreation area that is shown on the master plan will be
sufficient to allow us the recreation impact fee 50% credit.
2. The building to building side setbacks will be 15' minimum.
3. The lot sizes will be a minimum of 6000 square feet and be at leat 55'
wide by 110' deep.
4. The front and rear setbacks will be 25'.
I have several other questions that have come up since we spoke:
1. The 1.2 acre recreation area shown on the master plan shows a community
building, pool and tennis court. We would like to substitute a children's
area and play structures for the tennis court. We will be marketing this
project to families and believe the play area will receive much more use
than the tennis court and be a more effective use of the space.
2. We also feel the aesthetics of the side loaded garagel are much better than
the front loaded garage. The side loaded garage gives us the flexibility
to provide a development that has a much greater curb appeal and avoids
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7200 West Camino K.eal, ..:lUlu.. "1lJJ
Bora Ratnn, Florida '3 H33
(305) 338..0036
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Bond No. 2646979
PAYMENT GUARANTY BOND
KNOW All MEN BY THESE PRESENTS, that we, Gene B. Glick Company, Inc.,
P. O. Box 40177, Indianapolis, IN 46240, as Principal, and Continental
Casualty Company, Chicago, Illinois, as Surety, are held and firmly bound
unto the City of Boynton Beach, Florida and Palm Beach County, Florida in
the sum of Thirty-Thousand and 00/100 Dollars ($30,000) for the payment of
which, well and truly to be made, we jointly and severally bind ourselves,
or heirs, legatees, executors, administrators, personal representatives,
successors and assigns firmly by these present.
THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH THAT:
Whereas the city of Boynton Beach, Florida and Palm Beach County, Florida,
may effect the installation of signalization at the intersection of
Sandalwood Drive and Congress Avenue, Boynton Beach, Florida at such time
as Palm Beach County determi nes that warrants exi sts for th i s
installation, all as required by an amendment to the Melear PUD dated
November 8, 1988, the Principal warrants and guarantees the payment of the
cost of said installation.
Now, if said City of Boynton Beach, Florida and Palm Beach County, Florida
determine that warrants do not exist for this installation or installation
is not commenced within a 24-month period commencing January 6, 1989 then
this obligation shall be null and void.
In witness whereof, we have hereunto said our hands and seal this sixth
day of January, 1989 in terms of their clerical efficiency.
ATTEST:
Continental Casual tv Comoanv
(Surety)
Gene
Glick Comoanv, Inc.
(Prin:;p;l)
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'Attorney-in-Fact
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COMPANY, INC.
8330 WOODFIELD CROSSING BLVD.
P.O. BOX 40177 (317\ 253 3606
INDIANAPOLIS, INDIANA 46240
January 13, 1989
Mr. Tom Clark,
City Engineer
City of Boynton Beach
211 S. Federal Highway
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: Melear PUD
Dear Mr. Clark:
Enclosed is Bond No. 7014647 which is to replace Bond No. 2646979
which I sent to you on January 6.
The enclosed bond has been
the 24 month time limit.
for cancellation.
amended, as you requested, to remove
Please return the original bond to me
Sincerely,
GLICK COMPANY, INC.
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Bisesi
JTB/dc
encl. .
cc Carmen Annun~to (w/encl.)
RECEIVED
JAN 20 1989
PLANNING DEPT.
Bond No. 2646979
PAYMENT GUARANTY BOND
KNOW ALL MEN BY THESE PRESENTS, that we, Gene B. Glick Company, Inc.,
P. O. Box 40177, Indianapolis, IN 46240, as Principal, and Continental
Casualty Company, Chicago, Illinois, as Surety, are held and firmly bound
unto the City of Boynton Beach, Florida and Palm Beach County, Florida in
the sum of Thirty-Thousand and 00/100 Dollars ($30,000) for the payment of
which, well and truly to be made, we jointly and severally bind ourselves,
or heirs, legatees, executors, administrators, personal representatives,
successors and assigns firmly by these present.
THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH THAT:
Whereas the city of Boynton Beach, Florida and Palm Beach County, Florida,
may effect the installation of signalization at the intersection of
Sandalwood Drive and Congress Avenue, Boynton Beach, Florida at such time
as Palm Beach County determi nes that warrants exi sts for th i s
installation, all as required by an amendment to the Melear PUD dated
November 8, 1988, the Principal warrants and guarantees the payment of the
cost of said installation.
Now, if said City of Boynton Beach, Florida and Palm Beach County, Florida
determine that warrants do not exist for this installation or installation
is not commenced within a 24-month period commencing January 6, 1989 then
this obligation shall be null and void.
In witness whereof, we have hereunto said our hands and seal this sixth
day of January, 1989 in terms of their clerical efficiency.
ATTEST:
Continental Casual tv Comoanv
(Surety)
Gene
B. Glick Comoanv.
(Principal)
.5/ JT8
Title
Inc.
Bv ~\.; n ~\.\~y"~, r.: .Q,\, il' \, '" '"'u '"
IAttorney-in-Fact
Bv
ntinental Casualty Comf. ,y
For All the Commitment!> You Makt'"
AN ILLINOIS CORPORATION
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY.IN-FACT
Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the
laws of the State of Illinois, and having its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute
and appoint William D. Wells. William Michael Wells. Elizabeth A. Buchanan.
JO Ann Hurst. J. DouQlas Porter. Individuallv
of
Its true and lawful Attorney.in.fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings
and other obllgetory Instruments of similar nature
Indianapolis. Indiana
- In Unlimited Amounts -
and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the
duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby
given are hereby ratified and confirmed. ,
This Power of Attorney is made and executed pursuant to and by authority of the following 8y-Law duly adopted by the Board of
Directors of the Company.
"Article IX-Execution of Documents
Section 3. Appointment of Attorney.ln.fact. The President or a Vice Presldenl may, Irom lime 10 time, appoint by wriltencertlflcates
attorneys.in.fact to act in behalt of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory
Instruments 01 like nature. SUCh attorneys.ln-Iact, subject to the limitations set forth in their respective certificates Of authority. shall
have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company
thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given
10 any attorney-In-'act."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957.
"Resolved, that the signature of the President or Vice President and the seal 01 the Company may be affixed by lacslmlle on any
power of attorney granted pursuant to Section 3 of Article IX 01 the By-Laws. and the signature 01 the Secretary or an Assistant Secretary
and the seal of the Company may be effixed by facsimile to any certlticate 01 any such power, and any power or certificate bearing
such facsimile signatures and seal shall be valid and binding On the Company. Any such power so executed and .ealed and certltled
by' certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and
b ndlne on the Company."
In Witne.. Whereot, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its
corporate eeal to be hereto affixed on this 18th day of Mav , 19..88........
CONTINENTAL CASUALTY COMPANY
State of Illinois 1
County of Cook { 55
~I
J. E. Purtell Vice President.
On this 18th day of May , 19...mL, before me personally came
J. E. Purtell, to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Glenvlew, State of Illinois; that he is
a Vice. President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows
the seal 01 said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to the said instrument
is such corporate seal: that it was so affixed pursuant to authority given by the Board of Directors 0' said corporation and that he signed his name
thereto pursuant to like authority, and acknowledges same to be the act and deed 01 said corporation.
}
Linda C. Dempsey
My Commission Expjres
Notary Public.
CERTIFICATE
I, M. C. Vonnahme, Assistant Secretary of CONTINENTAL CASUAL TV COMPANY. do hereby certify that the Power of Attorney herein above set
forth is still in lorce, and lurther certify that Section 3 of Article IX of the By.Laws of the Company and the Resolution of the Board of Directors,
set forth in said Power of Attorney are still in force. In testimony whereof I have6'fH'unto subscribed my name and j{1ixed the seai8'9 the
said Company this day of anua:ry. 19_.
November 12, 1990
~
Form 1-23142.B
INV. NO. G-56623.B
Bond No. 7014647
This l:xmd replaces and
supercedes
Bond No. 2646979
PAYMENT GUARANTY BOND
KNOW ALL MEN BY THESE PRESENTS, that we, Gene B. Glick Company, Inc.,
P. O. Box 40177, Indianapolis, IN 46240, as Principal, and Continental
Casualty Company, Chicago, Illinois, as Surety, are held and firmly bound
unto the City of Boynton Beach, Florida and Palm Beach County, Florida in
the sum of Thirty-Thousand and 00/100 Dollars ($30,000) for the payment of
which, well and truly to be made, we jointly and severally bind ourselves,
or heirs, legatees, executors, administrators, personal representatives,
successors and assigns firmly by these present.
THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH THAT:
Whereas the city of Boynton Beach, Florida and Palm Beach County, Florida,
may effect the installation of signalization at the intersection of
Sandalwood Drive and Congress Avenue, Boynton Beach, Florida at such time
as Pa 1m Beach County determi nes that warrants exi sts for th is
i nsta 11 at ion, all as requ i red by an amendment to the Melear PUD dated
November 8, 1988, the Principal warrants and guarantees the payment of the
cost of said installation.
Now, if said City of Boynton Beach, Florida and Palm Beach County, Florida
determi ne that warrants do not exi st for thi s i nsta 11 at i on then thi s
obligation shall be null and void.
In witness whereof, we have hereunto said our hands and seal this sixth
day of January, 1989 in terms of their clerical efficiency.
ATTEST:
Continental Casual tv Comoanv
(Surety)
Gene B. Glick Comoanv. Inc.
(Princi~al)
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