Loading...
CORRESPONDENCE GUNSTER. YOAKLEY & STEWART, P. A. ATTORNEYS AT LAW PHILLIPS POINT. SUITE!:SOC EAST 777 SOUTH FlAGLER DRIVE: WEST PALM BJC.A.CH. FLORIDA 3S401.-6194 P.O. BOX 4587 WEST P ALK BEACH. FLORIDA 8340.-4587 OTHER OFFICES IN: TELEPHONE 14071 il5!5!5-1S.80 STl..lART. F1.t4lO712811l-leeo FT. lAUOE:RMLE. F1.. I3O!5I 4eZ-2000 FAX 14071 e!5!5-!5il5?7 OUR FILE NUMBER: WRITER'S DIRECT DIAL NUMBE:R, 10305.00029 (407)650-0624 November 20, 1991 Jay D. Mussman, Esquire Josias & Goren 3099 East commercial Boulevard suite 200 Ft. Lauderdale, Florida 33308 Re: stanford Park Project, Boynton Beach, Florida Dear Jay: I've received your November 12, 1991 correspondence as well as W. Richard staudinger, P.E.'s correspondence of November 7, 1991, both of which are in response to my October 28, 1991 letter to you. In your November 12, 1991 correspondence, you asked for our comments. To be honest with you, I am not sure what comments are expected. Our uncertainty is based, in large part, on a lack of certainty as to exactly what the city wants in this matter. If the city could better delineate its desires, it may be possible for us to better articulate a response. However, I will take the liberty of providing you with my thoughts on Mr. staudinger's correspondence. You should be aware that these comments are simply our thoughts as counsel to stanford Park Realty Development Corporation. On the date of this letter, I was unable to reach our client as the particular representative I deal with was on the road. However, I wanted to get a response to you because I will be on vacation until December 2, 1991. AcCordingly, please keep in mind that any comments made by me in this letter are still subject to review and comment by our client. Jay D. Mussman, Esquire November 20, 1991 Page 2 The balance of this letter will attempt to address the issues raised in Mr. staudinger's November 7, 1991 correspondence. First, I would assume that Stanford Park Realty Development Corporation's willingness to comply with Mr. williams' October, 1990 letter will, in large part, be dependent on what the City is asking for in connection with the stanford Park Project. second, I understand Mr. Staudinger's comment that city codes do not differentiate between how an owner obtains title to a development and what the owner intends to do with respect to the future sale of the property. Clearly, we do not expect the City to vary its codes to accommodate stanford Park Realty Development corporation. However, in determining exactly what the city wants with respect to the stanford Park Project, we could simply ask that the city keep in mind that we are not asking for any ongoing development approvals but simply holding the property for resale to a developer. clearly, we support the protection of the citizens and infrastructure of Boynton Beach and will cooperate in that regard. Third, I understand Mr. staudinger's comment regarding the desireability of a letter of credit to secure whatever agreement is ultimately reached between the City and Stanford Park Realty Development Corporation. However, I think we can allay any concern about the expiration of a letter of credit by providing that the letter of credit would automatically renew every year unless the city received 30 days prior written notice that the issuer of the letter of credit would not renew it. Under circumstances in which the issuer indicates that it will not renew the letter of credit, the City would be entitled to draw upon the letter of credit during the 30 day period prior to its expiration. I believe this will accommodate the City's concerns. The reason stanford Park Realty Development corporation would prefer the letter of credit to a surety bond is that stanford Park Realty Development Corporation is a SUbsidiary of a financial institution which can issue letters of credit and could obtain such a letter of credit much cheaper than obtaining a third party surety. Fourth, we agree that a field inspection of the already complete improvements is required prior to any agreement being reached. As I mentioned in my previous correspondence, Michael Scorah and Associates is prepared to do such field inspection once we reach some type of an agreement with the city. with respect to the balance of the comments contained in Mr. staudinger's correspondence, we have no particular objection to his suggestions. GUNSTER. YOAKLEY 8c STEWART PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW . , , Jay D. Mussman, Esquire November 20, 1991 Page 3 , I As I mentioned above, I will be out of the office until December 2, 1991. I look forward to your response at that time. Sincerely, ~_l~ Thomas P. Hunt For the Firm TPH/kpb/67 GUNSTER. YOAKLEY & STEWART PRQF"ESSIONAL ASSOCIATION ATTORNEYS AT LAW NOV-12-'91 17:58 ID:JOSIAS qND GOREN TEL NO:7714923 11338 P02 iJl, - Josu.S & GOREN, P.A, AT'-OIlt'NIEVS AT L.6.W BOJITE 200 30g,QI i.AeT CO""MERCIAL .OUl.tv....l) FoaT L.....UDJI:.D....L., J1rO.ID.... BlJG08 .'f:VCN L.. ,JO.IA, .AMYI,- 9 OO"'&N JAMI:8 4, eM."'Oll' OO"""LO J. 0000,. tliiEIlU',. L. Er:..OL. TEI.EPI"lONC (.:JOlt) 771..500 ........"'" .1:....CIof (40"~ :.!18 - $400 ,....C.....'I-I; 1'305l171.4ez~ ;.JAY O. "1U~l!!o""A"" "..MILE M. TA("''''' .COTT oJ. ,........1'1, November 12, 1991 Thomas P. Hunt, Esquire Gun.t.r, Yoakley . stewart, P.A. Phillips Point, Suite 500 Eaat 777 South Flagler Drive We.t Palm Beach, Florida 33401 Re: Stanford Park Pro;eat. B~vnton Beach. Florida Dear Tom: Enclo.ed her.with Plea.e find a copy of W. Richard Btaudinqer, P.E.'. corre.pondence of November " 1991 in conneotion with the matter captioned above. Please review the same with your client and advi.. me of your co~ents at your earli..t convenience. Should you have any que.tions, please contact me. Thank you for your a..istanoe. Sincerely, ~- D. MUSSMAN JDM/jna L\M\Stanford Enclosure cc: J. Scott Miller (w/en~) Chri. Cutro (w/encl.) Vincent Finizio (w/_ncl.) W, Richard Staudinger, P,E. (w/o encl.) ...... -r;..,....TT""~ R~r", \' ",,".,~J .Lo~_C-"- " '. , -- ,Oil 1;5 PlANN\i'iG DEPT. - ~J n '( " GEE&JENSON Engl neers - Architects. P1anners,lnc. November 7, 1991 Mr Jay Mussman, Esq. Josias & Goren, P.A. 3099 East Commercial Boulevard suite 200 Fort Lauderdale, FL 33308 Re: stanford Park project, Boynton Beach, FL Dear Jay: Per your recent Memorandum 91-513, I have reviewed Mr. william's october 1990 letter and Mr. Hunt's October 28, 1991 addressing the stanford Park project. Mr. Hunt's letter of October 28, 1991 does not specifically state that Stanford Park Realty Development corporation (SPRDC) is willing to comply with the offer of October 1990 by Mr. williams. However, I have assumed for discussion purposes that the October 1990 offer is still valid. Initially, I think it is important to state that the city Codes do not differentiate between how an owner obtains title to a development or what the owner intends to do with respect to a future sale of the property. The city is certainly willing to work with any property owner or developer to facilitate the completion of a project, but is must also weigh the protection of it's citizens and infrastructure as outlined in the city's Code of Ordinances. with respect to the proposal by Mr. Williams this is my first knowledge of such an offer. modifications are in order: in October 1990, I suggest several One Harvard Circle. Wesl Palm Beach, Florida 33409-1923 . 4071683-3301 . FAX 4071686-7446 n Jay Mussman, Esq. Josias & Goren November 7, 1991 - Page Two 1. A Letter of Credit is not, in my opinion, the pre- ferred instrument of surety for this type of situation, as they typically expire within a definite time frame, usually one (1) year or less. The City has no guaran- tee that a third party purchaser will be located within a year. The applicant acknowledges this potential timing problem by the request for the applicants right to renew. The city however, has no right to renew Let- ter's of credit obtained by SPRDC. Also, the value of any surety reduction should not be to the exact value of improvements remaining to be constructed, A com- plete field inspection of already completed improve- ments would be required to determine their status and possible need for reconstruction, maintenance, or refurbishing. A surety reduction from $655,000 to a level of 50% is the more probable outcome acceptable to the city. 2. Any purchaser is required to substitute surety for required improvements before the original surety can be release, or new permits issued. 3. My comments related to this item are covered in Item 1. 4. Work performed should developer's engineer. proposed. be inspected and certified by the I have no objection to the items GEE & JENSON n Jay Mussman, Esq. Josias , Goren November 7, 1991 - Page Three with respect to the closing paragraphs of Mr. williams letter, permits are typically considered void if no activity occurs for a six month period. The Building Official of Boynton Beach should be consulted to ascertain the status of any existing or previous permits for this project. Jay, if SPRDC is serious about proceeding, I suggest you convey my comments to Mr. Hunt, and attempt to reach a written agreement between the parties for submission to the city commission. You have my full support in working with the applicant to determine the status of the required improvements and in obtaining an equitable surety reduction to facilitate completion of the project and sale of the project as well as protecting the City's interests. Please call if you have any questions. very truly yours, GEE , JENSON Engineers-Architects-Planners, Inc. (e; ~ w. 'chard staudinger, P.E. city Engineer WRS:kvc 91-025 c~ler , CEIVr.:.) RECEIVED .~ov 13 1991 - pi ^l\1~~!"1~ nroT. GEE & JENSON fA --- n Re: stanford Park -- Infrastructure Bond _ ,6", ~..'/ I<',...-,;..~," "-::"'i a C.:""'l: '~1 t};, V" "iY", ~I "O''o/''.J ' <'^ 0, 0" <v '" </ 'f' '-1;., /~'" C'/ (/P ()'"; ....... . '-.';;1" c;<" 7... 'f" .:f4.-~ /....... /' ^', "- ~''',/ 1";- " ',1.;, \~/ '''- ~/ - October 17, 1991 GEE & JENSON Engi neers-Aichilecls- Planners,lnc. Mr. Jay Mussman Josias & Goren, P.A. 3099 East Commercial Blvd. suite 200 Ft. Lauderdale, FL 33308 Dear Jay: Enclosed is a copy of the original Engineers opinion of Cost for the infrastructure at Stanford Park. The $655,000 bond was based on the 1983 estimated cost. The City does not have any actual reports of the percentage of infrastructure installed, inspected, or accepted. However, the building was estimated to be within 5% of completion when construction stopped. It is the developer's responsibility, through his Engineer of Record, to update the City on the status of improvements and to request appropriate surety reductions. \ Based on my limited research and our conversations, I would anticipate a 50% to 60% reduction in surety would be very possible for this project, subject to the Engineer of Record providing appropriate documentation of the installation of infrastructure. The actual percent of facilities constructed appears to be higher than 60%, but until City inspection and acceptance of the utilities, I would recommend a sizeable portion of the surety remain to cover the costs of reconstruction of facilities if they have deteriorated subsequent to installation. / Please call if you have any further questions. Sincerely, P.E. City WRS:tvb 91:025 c<Sl.l~ Vince Finizio J. Scott Miller RECEIVEi0 oCT 28 PlANNING 'Of-pl. One Harvard Circle. West Palm Beach, Florida 33409-1923.407/683-3301. FAX 407/686-7446 rz1i.~ City of , ~:oynton r.Becufi 100 'E. 'Boynton '1ltadl 'Boukw.rrl P.O, 'Bo~310 'Boynton 'Buur., :JforitJa 33425.0310 (407) 738.7490 :J.5l.X: (407) 738.7459 PCanni"8 'Departl1Unt, City:Hal[ Comp~ West 'J1.i"8 July 31, 1991 Mr. Albert Socol, AIA Frankel & Associates, Inc. 1130 Washington Avenue 8th Floor Miami Beach, FL 33139 Dear Albert, As you requested, I am writing to you regarding timing for review for proposals for Stanford Park and to provide you with information regarding either infrastructure improvements or impact fees owed to the City for this development. Regarding the review of the proposal, if it were proposed to use the structure for an ACLF the new owners would need to resubmit for the building permits for the development. This process would take two to four weeks dependent upon submittal requirements. A change in the uses of the PUD that are minor would take approximately six to eight weeks. The procedure would follow our normal review schedule which has submittal deadlines around the middle of each month. '. A major change to the PUD would take approximately nine months. This is because such a change would require a land use plan amendment and rezoning. The earliest an application can be filed for such a change is October. At this time, based on our conversations, I believe that we will be able to review your changes to the PUD as minor amendments not requiring full review. Assuming you are able to acquire the original plans for the building, both the minor amendment of the master plan and the reissuance of building permits if done concurrently will take no longer than eight weeks. Regarding fees owed to the City, as far as we can tell, the project owes approximately $30,000 in traffic impact fees, and $180,000 in water and sewer impact fees; In addition, if the residential use is changed, it may be necessary to recompute the recreation impact fee. A preliminary check indicates that these fees, if the development receives no credit for on site improvements would be approximately $90,000. 5lmuua's gateuJay to tfie gulf stream Mr. Albert 50col -2- July 31, 1991 Finally, there are infrastructure improvements such as roads, drainage, water and sewer that must be accepted by the City. These items were valued in 1983 at $655,000, and to date, I don't believe any have been completed and accepted by the City. I apologize for not being able to estimate the cost to complete these improvements but to date we have not received any progress reports on this work. I hope the information in this letter is of some help to you. If you should have any questions regarding this information please feel free to call me. Yours truly, CITY OF BOYNTON BEACH ~~ Christopher Cutro Planning Director CC/cmc C:50COL I / June 10, 1991 City of Boynton Beach Planning Department 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Attn Mr. Chris Cutro, Planning Director RE Stanford Park Planned Unit Development Dear Chris: I'd like to express my thanks, as well as my client's, for your time and consideration in meeting with us last week regarding the Stanford Park project. We look forward to the opportunity to present our proposal for the project to the City Commission on June 18th, and we appreciate your efforts in enabling us to do so. --'- The following information is offered to memorialize the several points of our discussions to date and to summarize the history of the project: The Stanford Park PUD was approved in 1983 as a mixed use project consisting of a nursing home/convalescent center, a 6,000 square foot medical office building and a 220 unit Adult Congregate Living Facility. The nursing home has been constructed and is in successful operation. The medical office building, intended as an ancillary use to the other two principal uses, has been constructed but is currently unoccupied. The Adult Congregate Living facility, consisting of 100 one bedroom units and 120 two bedroom units, was intended to operate within a "club fee" arrangement, whereby an elderly single person or couple would pay a fee "up front" for a unit, and then pay monthly rent and/or maintenance. The facility was to be licensed as an ACLF by the State, offering personal services, on-site recreational facilities, communal dining as well as individual kitchens, and property management and maintenance. ~ <",~.;) f:t '1' "v R~CPjl. ~ ;.." ).~ - " " \)j;.\'l. ~ ~ Urban Design Urban Planning Land Planning landscape Architecture Communication Graphics 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409-6582 407.689.0066 Stuart, FL Newport Beach, CA 407.283.0022 714642.1090 Chris Cutro June 10, 1991 Page Two Construction of the ACLF facility was halted in early 1990 due to defaults under the construction loan. The inability of the developer to complete the project has resulted in a conveyance of the property's ownership to a subsidiary of the mortgage holder. An agent of Inter/Pro/Realty, Inc. has recently entered into a Letter of Intent to purchase the ACLF portion of the site. Urban Design Studio has been asked to represent Inter/Pro/Realty in the planning and government liaison and representation work necessary to achieve the completion of construction of the facility, for its use as a condominium development for the elderly and retired. The purpose of our presentation to the City Commission on June 18th will be to bring the Commission up to date on the status of the project, and to present our proposal for completion. It is our intention to demonstrate to the Commission that the operation of the facility as a condominium development reserved for the elderly (adults 55 years and over) represents a use which is the equivalent of what has already been reviewed and approved by the City, and that therefore, a finding should be made that the current residential comprehensive plan designation for the property accommodates the use we propose. We feel that the evidence we have discussed with you, and which we will present to the Commission, will indicate that the only difference between what has been approved and what is now proposed is that there is no commitment with the present proposal to provide the personal care required for licensing by the State as an ACLF. Personal services, on-site recreation, security and site maintenance will be provided under this proposal, at least equal to that which was approved with the original development program. We have concluded from our research, and feel you will concur, that the condominiumization of the units is not a relevant factor in the consideration of the use of the property. This is because the City's ordinances make no distinction between condominium ownership and rental occupancy of multi-family residential projects. Similarly, the State statutes and regulations governing ACLF's make no distinction between owner and rental occupancy of State licensed facilities. Chris Cutro June 10, 1991 Page Three We will also be prepared to present to the Commission a comparison of impacts to show the equivalency between the ACLF "club fee" concept approved and the condominium project proposed to justify our request. We feel it will be obvious that approval of the proposed change offers certain clear benefits to the City. Certainly the most important benefit the City will realize from the completion of construction of the facility is the ability to tax the improvements on the land and thereby enhance the City's ad valorem tax base. This is contrasted with the current situation where only the land value is taxed (since no certificate of occupancy has been issued for the building) . Other revenue enhancements which could be realized from completion of the project include: personal property taxes (assessed value of personal property of the Homeowners Association); licenses, permits and fees (based on the value of the construction to be completed); intergovernmental revenues (e. g., cigarette taxes, state revenue sharing, sales tax rebates, County occupational license revenues and a 30% share of the City's local option gas tax revenues which are determined on a resident per capita basis); franchise fees and utility taxes and impact fees. We have discussed with you and your staff the alternatives to meeting all of the normal technical requirements for an application for PUD amendment, which you have stated is necessary to achieve the use we propose. As you are aware, we have been unable to obtain authorization from the other owners of property within the PUD to submit an application for an amendment to the Stanford Park PUD ordinance. Given this situation, we will request that the Commission provide an opportunity for us to amend the PUD, by waiving some of the technical requirements for an application, or through some another avenue, such as a Developer's Agreement executed pursuant to Chapter 163 of the Florida Statutes. Such an agreement, successfully utilized in other localities, will allow both the special circumstances of the project and limiting conditions of approval to be set forth within a locally approved ordinance. Chris Cutro June 10, 1991 Page Four We will be very happy to meet with you or your staff about the Stanford Park project and our proposal. Please feel free to call me at your convenience to discuss this matter. Sincerely, URBAN DESIGN STUDIO ~ Anna Cottrell cc Thomas Hunt, Gunster, Yoakley and Stewart, P.A. Reginald Grenier, Inter/Pro/Realty, Inc. GUNSTER, YOAKLEY & STEWART, P. A. ATTORNEYS AT LAW PHILLIPS POINT. SUITE SOO EAST 777 SOUTH FLAGLER DRIVE WEST PALM BEACH, FLORtDA 83401-6194 P,O. BOX 4587 WEST PALM BEACH, FLORIDA 38402-4587 FAX (4071 e55-!5677 OTHER OrFIC~ IN; STUART. FL (4071 288-1980 BOCA RATON. FL (407) ~-'952 PORT ST. LUCIE:. F'L (04071 340-ISBO FT. l.AUDEFlDALE, F'\. l3OS1 4Q-2000 TELEPHONE 14071855-1980 OUR FILE NUMBER: WRITER'S DIRECT DIAL NUMBER: 07318.00059 (407)650-0624 Hay 28, 1991 Mr. Michael Rumpf City of Boynton Beach Planning & Zoning Department 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: Stanford Park project, Boynton Beach, Florida Dear Mr. Rumpf: The purpose of this letter is to confirm our recent telephone conversation in which we agreed to meet on June 6, 1991 at 10:00 A.M. in your offices to discuss the Stanford Park Project. We would expect such meeting to last approximately one hour. The purpose of such meeting would be to discuss whether there is any possible scenario to get the pending comprehensive plan amer.drn8nt application and PUD change applic~tion back on track so that it can be considered prior to November of this year. As I understand from our conversation, present at this meeting from the City of Boynton Beach will be you and Chris Cutro. If possible, it may also be beneficial for you to have one of the City's attorneys present at the meeting. Also, present at the meeting will be myself and a representa~ive of Stanford Park Realty Development Corporation, the current fee simple owner of the Stanford Park Project. The representative will, in all likelihood, be Linda Carter, a vice present of Stanford Park Realty Development Corpor?tion. RECEIVED MAY :GiI PLANNlj~G DEPT. Mr. Michael Rumpf May 28, 1991 Page 2 Also present will be a representative of the prospective purchaser of the Stanford Park Project. Such representative will, in all likelihood, be Reggie Grenier. Also present will be a representative of Urban Design Studios, the planning company retained by the prospective purchaser with respect to the referenced applications. We look forward to meeting with you to discuss the matters referred to above. If, in the meantime, you should have any questions or comments, please feel free to contact me at the phone number listed above. Sincerely, ~- \~ Thomas P. Hunt For the Firm TPH/kpb/74 cc: Linda Carter, Vice President Reggie Grenier Joseph Schneider, Esquire Anna Cottrell GUNSTER. YOAKLEY & STEWART PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Board of County Commission"rs Karen T. Marcus, Chair Carole Phillips, Vice Chair Carol A. Roberts Carol], Elmquist Mary McCarty Ken Foster Maude Ford Lee t vl-. It..~,,\ "oJ County Administrator Jan Winters May 31, 1991 Department of Engineering and Public \V orks Mr. Christopher Cutro City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 RE: STANFORD PARK LAND USE AMENDMENT Dear Mr. Cutro: The Palm Beach County Traffi c Di vi si on has revi ewed the traffi c impact study for the project entitled Stanford Park Land Use Amendment pursuant to the 1990 Traffic Performance Standards Code (Ord. No. 90-40). The project consists of 220 condominium units at a site previously approved for 220 congregate living units. The County Traffic Division has determined the project meets the 1990 Traffic Performance Standards Code of Palm Beach County. If you have any questions regarding the determination of the County Traffic Division, please feel free to contact Dan Weisberg at 684-4030. Sincerely, OFFICE OF THE COUNTY ENGINEER ~ ft~, F"I\ Charles R. Walker, Jr., P.E. Acting Assistant County Engineer CRW:DW Fil e: TPS - Mun. - Traffic Study Review \tE.CElVliD J'* 4 ql PLANNING DEPI. - - H:\Traffic\DIW\Boyn4 "An Equal Opportunity - Affirmative Action Employer" BOX 2429 WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000 @ printed on recycled paper CITY OF BOYNTOtI BR^CII planning Depa~t.ent 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Bnnch, Florida 33425-0310 F^X tltlItnRR (407) 7311-7459 OFFICE NUHBBR (401) 138-1490 FAX TRANSHITTAL COVER LETTER . Date: ~- ;;l:;l- 9'/ - -Time: / O':Z ~ <L--<---- Fax Number Transmitting To: ~ C 1\ .f::t.u..U Uvh--,'O~ ~ (4- 07 )6'8'9'-OS"6-j '-- ,/ ..q, To: Number of Pages Transmitted (including cover letter): From: ---l ~ ta~ Remarks: ~~7ffl (\..L 'P ~< * -'/;/ I~/I--:-m// 'II. / ~ '// rrlu~ / h~,~ /v;t;,,~, // II? ,r~ ~nu.l"// .ZJ'!7' CITY of BOYNTON BEACH (@,.. , '~.. 100 E. Boynton Beach Blvd. P. 0, Box 310 Boynlon B.ach. Florida 33435.0310 14071 734,B111 May 17, 1991 Ms. Anna Cottrell Urban Design studio 2000 Palm Beach Lakes Boulevard suite 600 The Concourse West Palm Beach, FL 33409-6582 RE: Stanford Park - Land Use Element Amendment/Rezoning . Dear Ms. Cottrell: As was communicated to you by Michael Rumpf, Assistant Planner, of our office on April 22, 1991 and May 8, 1991, processing of the above-referenced request cannot resume due to the incomplete and inaccurate nature of the application submitted. The following is a summary of the information needed to be revised and of the materials necessary to be submitted: 1. Application, page 1, item I.2. - This application is both a land use amendment and rezoning. As Mr. Rumpf indicated, the Zoning Code requires that "where a rezoning application would occur pursuant to an amendment to the future land use map, the two applications shall be processed simultaneously as a single application". 2. Application, page 1, item I.4. - Incomplete 3, Application, page 1, item I.6. - Incomplete; all property owners within the PUD must be listed. 4. Application, page 2, item I.9. - Incomplete 5. Application, page 2, item I.10. - Legal description provided does not include the boundaries of the entire PUD. The medical office building and the Ridge Terrace convalescent home cannot be excluded since they are not permitted uses under the PUD regulations if the A.C.L.F. does not exist. Therefore, the PUD must be dissolved. ,..---- 6. Application, page 2, item I.ll. - Incomplete (include entire PUD) --... TO: Ms. Anna cottrell -2- May 17, 1991 7. Application, page 2, item I.13. - For the reasons stated in #1 above, a zoning district needs to be requested. Due to the diversity of the uses (convalescent home, medical office building and multi-family dwelling units) and the problem with the residential density which exceeds 10.8 dwelling units per acre, the only zoning category that could legally encompass these uses is a planned Commercial Development, PCD. 8. Application, page 2, item I.15. - appropriate land use category for Commercial, which would entail an land use map. Based on #7 above, the PCD zoning is Local Retail amendment to the future 9 . Application, page 2, item I.16. - the PUD. Include all uses within 10. Application, page 3, item II.b. - Two copies of the last recorded warranty deed for all parcels within the PUD must be provided. . 11. Application, page 3, item II.c.(2) - AcCording to the agreement submitted, the applicant is not a bona fide contract purchaser and intends to purchase only the A.C.L.F., which violates the code requirement for unified control. Therefore, in this case, the applicant should be all of the property owners as individuals or as a corporation or partnership or an individual who has the authority to represent all of the property owners. This information also pertains to page 1, item I.4 of the application. 12. Application, page 3, item II.c.(3) - Provide agent authorization verification from all applicants, i.e. - property owners. This relates to #11 above. 13. Application, page 3, item II.c.(5) - Based on #10 and #11 above, I am assuming that the designated applicant will change. If not, the written "proof" submitted does not verify Mr. schneider's delegated authority as a trustee. 14. Application, page 3, item II.d., (1) and (2) - Incomplete; two copies needed. 15. Application, page 3, item II.e. - One copy was submitted; two are required. 16. Application, page 5, item II.(10)(d) - Incomplete. Reference language on the recorded plat. Review of association documents with respect to maintenance of common elements, recreation impact fees, provision of recreation amenities, possible replatting, parking and a future site -."--..-,-., TO: Ms. Anna cottrell cont'd. 16. plan modification are anticipated with this the time of review of -3- May 17, 1991 some of the areas of concern rezoning which will be addressed at the new master plan. 17. Application, page 6, item II.(ll) - Sixteen copies of the new master plan are needed and two copies of a market study indicating the demand for the use proposed as opposed to an A.C.L.F. Refer to the zoning Code, Section 6.F.8., for a detailed list of the materials to be submitted for zoning land to Planned Commercial Development. 18. Application, page 6, item III - As a point of information, an additional $500 fee will be required if this request is approved by the City Commission for transmittal to DCA. 19. Application, page 6, item IV - All owners within the PUD must sign this application consenting to dissolution of the PUD effectuated by Commission approval of a land use amendment and rezoning. This relates to item #5. . During Mr. Rumpf'S April 22, 1991 conversation with you, you indicated that you would inform us by the middle of the following week (approximately May 1, 1991) how you wished to proceed with this application and that by the end of that week (May 3, 1991), you would submit all missing information necessary to resume processing. Staff agreed that if this schedule were adhered to, this application could be accommodated as originally planned; June public hearings before the planning and Zoning Board and City Commission. Having not heard from you or received any of the materials, Mr. Rumpf called you on May 8, 1991. Due to the advertising requirements for this application, Mr. Rumpf informed you that it was too late to process your application in time for the June meetings. In addition, another application was received by our office for the April 1, 1991, twice a year deadline for "large scale" land use amendments. consequently, staff does not have the ability to postpone the public hearings for your request to July, 1991, nor delay transmittal to DCA of the other application received, until your application has been through publiC hearings and can be transmitted simultaneously. If you choose to pursue your request, the information itemized above must be received no later than the next deadline which is October 1, 1991. If you have any questions regarding this matter, please contact Michael Rumpf. Si~relY, ~~f2;d~Au Senior planner tjh A:StanPkRj xc: Christopher Cutro Michael Rumpf URBAN DESIGN STUDIO TEL r~o. 407 689 0551 May 10,91 14:48 P,02 I , -' '-' '-' fooIay 10" 1991 City Of Boynton Beach Plannins Department 100 East Boynton Beach Boulevard 50ynton Beach, FL 33435 ...-- ,".........-. .'. '. '-./ '-' '.' ....-" " " v ,-' '-' Attn Mr. Michael Rumpf, Planner RE Stanford Park Planned Unit Development D(lar Michael: pursuant to our conversation, I am requestin9 by this letter your written contirmation ot t.he SCheduling requlrecl to complet.e a proposed comprehensive plan amendment and PUD amendment. for Stanford park, to allow the use of the ACLF portion of the project as a conventional multi-family facilit.y. As we have discussed, we are also requesting :four written confirmation that the comprehensive plan ano pun amendment applications can and will be processed concurrent.ly. Please note that we int.end to complete our application already submitted, and to correct the not.ed deficiencies in a timely fashion. I WOUld very much appreciate confirmation from you that the application will be processed as expeditiously as posaible after the submittal of the necessary documents noted as absent from our or191nal submittal. Please feel free to call me if you have any questions. Sincerely, vaDAX DBalG. STUDIO ~ Anna Cottrell project Manager cc: Mr. Rejean Grenier u.... DotIiI" ....'" lIolIon......... ~_IW 2UOO Palrr\ 9h<;h LH'S eQU$lrlard SviweQClTIo.e.;v,,,,,,,,,.'M W~ P41hl Beach, FICllldil 33409_2 .I,ll~ ,Ulll(,I,OOI:;.C Stll~Vl. Fir. 407' .mOO2l "-Io".....f'>U'te.~.., eA 714.(ld2.1l)QQ %e City of 13oynton 13eac/i DIRECTOR April 19, 1991 Mr. Dan Weisberg Palm Beach Co. Engr. Dept., Traffic Div. P.O. Box 2429 West Palm Beach, FL 33401-2429 RE: Stanford Park Land Use Amendment Dear Mr. Weisburg: Enclosed you will find a copy of the traffic study submitted as required for a land use amendment for a portion of the Stanford Park Planned Unit Development. This application is scheduled to be reviewed by the city's Planning and Zoning Board on June 11, 1991. Please review the enclosed study for compliance with all applicable provisions of the 1990 countywide Traffic Performance Code.of Palm Beach County (County Ordinance No. 90-40). Since your analysis of the traffic statement will likely be an integral part of our review and recommendation, and in anticipation that the statement may be deficient based upon the requirements of County Ordinance No. 90-40, a timely response is most appreciated. Thank you for your assistance, Very truly yours, ~(tt;v Christopher cutro, AICP Planning Director MWR:cp Encs. 51merica's (jateway to tHe (ju1f'trcarn April 15, 1991 City of Boynton Beach Planning Department 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Attn Mr. Michael Rumpf, Planner RE Stanford Park Planned Unit Development Dear Michael: Pursuant to our conversation last week, I am requesting by this letter your written confirmation of the vested status of the zoning approval for the Stanford Park Planned Unit Development. Specifically, we are seeking to confirm that there will be no effect on the development's zoning approval if construction of the project is completed for use as an adults-only (over 55 years of age) condominium project. We are also requesting confirmation from your office of any concurrency review processes necessary to renew permits to complete construction of the project. We would very much appreciate a response to our request as soon as possible. If you need any further information or have any questions, please feel free to call me. Thank you in advance for your cooperation in this matter. Sincerely, URBAN DESIGN STUDID Anna Cottrell Project Manager 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 Newport Beach, CA 407.2830022 714.642.1090 , Kimley.Horn , Klmley-Horn and Associates, Inc, ENGINEERS. PLANNERS. SURVEYORS 4431 Embarcadero Drive West Palm Beach, FlorIda 33407 401845-0665 Facsimile 407 863.8175 April I, 1991 4279T.00(07) Mr. Reggie Grenier Inter-Pro Really 2205 Hollywood Boulevard Hollywood, Florida 33020 Re: Stanford Park, Hypoluxo Road Boynton Beach, Florida Dear Mr. Grenier: As requested, we have evaluated the traffic generation potential of the proposed conversion of 220 approved congregate living units to condominiums for the above referenced project located west of High Ridge Road. The Stanford Park project was approved in 1983 which preceded the application of county traffic performance standards within the City of Boynton Beach. Consequently, the 220 congregate living units are vested for traffic associated with that land use. Utilizing current trip generation criteria as outlined by Palm Beach County, the 220 approved congregate living units would have a trip generation potential of 472 daily trips. The 220 units converted to condominiums would have a trip generation potential of 1,540 daily trips. Consequently, there would be a potential increase of 1,068 daily trips with the proposed conversion. Hypoluxo Road has been widened to six lanes and is only carrying an average daily traffic volume of 28,214 trips which is well below the six-lane daily capacity of 46,300. Consequently, Hypoluxo Road should have adequate capacity to accommodate the relatively small increase in traffic associated with the conversion. If you should have any questions, please call me. Very JBP:map Florida Registration Number 19562 U7OTOO-RG -LO{0191- Jbp. wp "'"ehelm . CharloUI , DallEls . Fort Lauderdale . Fort Myers , Nashville . Orlando , Phoenix Raleigh . San Olego . Stuarl . Tampa . Vero Beach . Virginia Beach . Weal Pelm Buch Building client rel.llon.hlp' alnea 1987 ';1 t 1" I, ' , I ~ TY of BOYNTON BEACH ~~ Q 120 E. Boynton Beach 28 August 1985 Hr. John Horgan Vice President HcHoye construction Corporation PO Box 9019 Winter Haven, FL 33883 Dear Hr. Morgan: The purpose of this l~tter is to respond to vour request for a list of the anproved uses at the Stanford Park Planned unit Development. In that regard, vou will find accompanvinq this letter, a xerox copv of the data which appeared on the legend of the plans which are on file in mv office and a copy of a Final Waiver of Lien which has the legal description of record. As noted on the site data sheet, the approved uses are as follows: 1. A 120-bed Convalescent Center. 2. A 220-unit Adult Congregate Living Facility. 3. A medical office building. There is one correction to the site data sheet. City Council approval of these plans, the size of fice building was reduced to 6,000 square feet. As a part of the the medical of- If you have any questions after having read this letter, please do not hesitate to contact me. Yours very truly, CITY OF BOYNTON BEACH C~J~ Carmen S. Annunziato Planning Director /bks cc: Central File McHOYE CONSTRUCTION CORP. lIigh Ridge 11304 CIlECK No. FINAL WAIVER OF LIEN KNOW ALL NEN 'BY TilE PRESENTS, that for and in consideration of $ Dollars and other good and valuable considerations, lawful money of the United States of America, to me in hand paid the receipt where- of is hereby acknowledged, does hereby waLve, release, remiss and relinquish any and all right to .claim any lien for work done or material furnished, or any kind of class of lien whatsoever on the following described property: A parcel of land in Section 8, Township 45 South, Range 43 East, Palm Beach County, Florida; said parcel being specifically described as follows: Beginning at a point in the Nort~ line of said Section 8, at a distance of 312 feet West of the Northeast corner thereof; Thence, Southeryl, making an. angle with said section line J measured form Hest to South of 83" 34' 00" and along the West line of lIigh Ridge Sub- division, according to the plat thereof, as recorded'in Plat Book 22, page 6, public records, Palm Beach County, Florida a distance of 660 feet; Thence, Westerly, alonK a line parallet to the right' of way line of Hypoluxo Road, a distance of 750 feet; Thence, Northerly, along a line parallet to the West line of HIGIl RIDGE SUBDIVISION, to the North line of said Section 8; Thence, Easterly, along the North line of said Section 8, to the POINT OF BEGINNING. CONTAINING: 11.29 Acres. SUBJECT TO easements, reservations, re&trictions and rights of way of record. DATED TillS DAY OF 19 AT BY (TITLE) SUBSCRIBED AND SWORN TO BEFORE HE THIS DAY OF 19 NORARY PUBLIC, STATE OF FLORIDA AT LARGE P.O. BOX 9019 . WINTER HAVEN, FLORIDA 33880 . PHONE: (813) 293-1303