CORRESPONDENCE
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CITY OF BOYNTON BEACH
DEPARTMENT OF PUBLIC WORKS
Engineering Division
January 27,2003
Land Design South
Attention: Bradley J. Currie
2101 Centre park West Drive, Suite 100
West Palm Beach, Florida 33409
RE: Request for Administrative Waiver
Parking Stall Size
Hampton Court (NWSP 02-023)
Dear Mr. Currie:
Per your correspondence of January 8, 2003, this letter is to serve as approval for your request to 1) allow
"tandem" parking spaces at 8 ft. x 18 }'2 ft, and 2) revise guest parking standards to 9 }'2 ft. x 18 }'2 ft. with a
25 ft. backup distance.
The proposed "tandem" spaces are being allowed, as they are adjacent to individual garages and are not
strictly intended for guest parking. A 25 ft. backup distance is provided which is in line with proposed
changes to the engineering standards that currently require a 27 ft. backup distance The proposed 8 ft.
width is a nominal measurement and in fact the plans show an actual available width at each garage 10ft.
The second revision was provided at the request of the Engineering Division
If you have questions or need additional information, please feel free to contact me at (561) 742-6488 or
Laurinda Logan, P E , Senior Engineer, at (561) 742-6482.
Sincerely,
.\
I'
HDK.LLlck
Xc: Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail)
H. David Kelley, Jr., P.E./P.S M., City Engineer, Public Works/Engineering (via e-mail)
Michael Rumpf, Director, Planning & Zoning
Lusia Galav, AICP, Principal Planner, Planning & Zoning
File
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6480 Fax: (561) 742-6285
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CITY OF BOYNTON BEACH
DEPARTMENT OF PUBLIC WORKS
Engineering Division
January 24, 2003
Land Design South
Attention: Bradley J. Currie
2101 Centrepark West Drive, Suite 100
West Palm Beach, Florida 33409
RE: Request for Administrative Waiver
Driveway Width
Hampton Court (NW5P 02-023)
Dear Mr. Currie:
Per your correspondence of January 8, 2003, this letter is to serve as approval for your request
to allow a fifty foot (50') wide driveway from Golf Road (SW 23rd Avenue) into the Hampton
Court subdivision. The LOR, Chapter 23, Article II, Section H.1 and Ordinance No. 02-033 limit
driveway widths to a maximum of 36 feet, measured at the right-of-way line, unless otherwise
approved by the City Engineer.
If you have questions or need additional information, please feel free to contact me at (561)
742-6488 or Laurinda Logan, P.E., Senior Engineer, at (561) 742-6482.
Sincerely,
~'1("'- ,
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H. David Kelley, Jr.,
City Engineer
HDK:LL/ck
Xc: Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail)
H. David Kelley, Jr., P.E./P.S.M., City Engineer, Public Works/Engineering (via e-mail)
Michael Rumpf, Director, Planning & Zoning
Lusia Galav, AICP, Principal Planner, Planning & Zoning
File
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6480 Fax: (561) 742-6285
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CITY OF BOYNTON B'EACH
DEPARTMENT OF PUBLIC WORKS
Engineering Division
January 24, 2003
Land Design South
Attention: Bradley J. Currie
2101 Centrepark West Drive, Suite 100
West Palm Beach, Florida 33409
RE: Request for Administrative Waiver
Gated Vehicle Egress Points
Hampton Court (NWSP 02-023)
Dear Mr. Currie:
Per your correspondence of January 8, 2003, this letter is to serve as approval for your request to provide
gated emergency vehicle egress points in lieu of a cul-de-sac, etc. for the east and west driveways within
the subdivision.
Florida Fire Prevention Code Section 3-5.2 requires a cul-de-sac, wye or tee turn around, or shunt turn
around for dead-end streets in excess of 150 feet. Hampton Court proposes the use of grass block over
stabilized subgrade to link the "dead-end" driveway to Golf Road (SW 23rd Avenue). The egress point
would be gated for emergency use only. The applicant shall adhere to the following criteria as part of this
approval:
o The emergency access roadway(s) shall be firm and unyielding, with a bearing value of not less that
LBR 40;
o Provide, at the time of permitting, details and product information for review and approval;
o Stabilized subgrade shall meet all applicable sections and standards of the City of Boynton Beach; and
o Provide a Knox Box at each access point for emergency vehicle use
If you have questions or need additional information, please feel free to contact me at (561) 742-6488 or
Laurinda Logan, P.E., Senior Engineer, at (561) 742-6482.
Sincerely,
~.,/() -
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.........
H. David Kelley, Jr.,
City Engineer
HDK:LUck
Xc: Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail)
H. David Kelley, Jr., P.E./P.S.M., City Engineer, Public Works/Engineering (via e-mail)
Michael Rumpf, Director, Planning & Zoning
Lusia Galav, AICP, Principal Planner, Planning & Zoning
File
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6480 Fax: (561) 742-6285
...
January 2, 2003
Mr. & Mrs. Roger P. Berger, Sr.
2324 SW 13th Street
Boynton Beach, FL 33426
Boynton Beach Mayor Gerald Broening
Boynton Beach City Commission
Boynton Beach Planning & Development Board
RE: Proposed Hampton Court Development
SW 23rd Avenue East of Congress Ave Immediately East of Homewood ACLF
Dear Mr. Mayor, Members of the City Commission, the Planning & Development Board;
Issues with the proposed Hampton Court project are as follows:
I. Traffic Concerns-
A 66-unit development will generate approximately 462 total vehicles per day (approximately 7 vehicle
daily trips per unit) which will ingress and egress an already overburdened SW 23rd Avenue. This is a lot
of traffic for a local residential road. In the past year the amount of traffic has increased tremendously and
this will only add to the existing problem. All of our neighbors agree with the fact that SW 23rd Avenue is
already a congested street. The proposed Hampton Court site plans show a main entrance with two
unpaved emergency side paths. These "side paths" should be required to be paved and used for more than
emergency vehicles. Paving would also allow sanitation trucks and for egress and ingress of the residents
and their guests. Paving these "side-paths" should provide for less traffic congestion especially during
peak traffic times.
The proposed site plans show a wall along SW 13th Street, this wall should not be open for traffic to and
from SW 13th Street. The street is simply not large enough to allow handling that much traffic. We
request an independent traffic study be done by other than the developer or the City.
2. Flooding Concerns-
Flooding is a major fear of ours. Until the ACLF was built, SW 13th Street did not have a flooding
problem. Even the heavy rains that fell in a short time in the spring of 1979 did not flood our street. We
had ankle deep water that leached into the ground rapidly. There are storm drains on SW 24th Avenue that
carried the water (even though there has been sand in them since we moved here in 1978) somewhere, no
one seems to know where, and therefore there were no problems until the ACLF was constructed. That
project either blocked something or removed something and when Hurricane Irene came through the water
was 1/3 up our drive and up to the knees of our 6' tall sons, a dog had to swim across the road and part of
our drive to get to me. Now we do have a problem. When Hurricane Irene came through SW 23rd Avenue
was free of standing water while we had to wait 2 days for the water to go down on SW 13th Street. We
have been paying monthly for storm drains that we still do not have. Although we are aware the developer
is not responsible for other than his or her property we are requesting the developer be required to install
storm drains for SW 13th Street. Without the road (SW 24th Avenue), due to the wall and construction, the
water from the rains, from SW 23rd Avenue, and possibly run ofIfrom Hampton Court, will be worse than
when Hurricane Irene came through. We have discovered that there are only 2 storm drains (on the
sidewalks) on SW 23rd Avenue between the entrance to Golfview Harbour (on the west side ofI-95) and
Congress Avenue. SW 13th Street has a much lower elevation than SW 23rd Avenue which, we are sure,
contributed to the flood problem with Hurricane Irene. The residents of SW 13th Street may be required
to obtain flood insurance because these issues were not addressed <as it should have been when the
ACLF was proposed). We request an Independent study be done by other than the developer or the
City.
.
3. DrainageIPollutant Concerns-
The site plans show drainage from Hampton Court will be going into the canal. Since most of the rain that
falls will not be allowed to leach into the ground, whatever drains into the canal will contain many
pollutants. If the canal fills up during a storm, will there be backup causing additional flooding? Where
will the water from SW 13th Street go? If drainage from SW 13th Street goes into the canal, again what will
happen if the canal fills up with water? Will there be backup? Will there be additional problems? What
about additional pollutants from SW 13th Street? Our canal is pretty clean, very little if any algae. We
want it to remain that way. We request an independent study be done by other than the developer or
the City concerning the possible contamination of the canaL
4. Noise Concerns-
The recreation area, dry retention area, pool and dumpster of Hampton Court are shown on the site plans to
be located directly on the opposite side of the proposed wall facing our property. I llllderstand that dry
retention areas are a good thing. We request these be moved into a more centralized area within the
development. We wonder if we were to get heavy rains over a short period oftime what happens to the
water. How many developments have drainage into lakes and have flooded so badly that people have had
to use a boat to get to their houses. Can this happen with retention areas and with draining into canals? We
request an independent study by other than the developer or the City.
5. Privacy Concerns-
I feel it is more than enough that the new residents, with 2nd floors, will be able to either sit on their
balconies or look out their windows right into our front rooms. Perhaps you should drive on Homewood
Blvd. in Delray Beach and look at Woodside development from the road. There is no noise and you can
barely see the buildings or the wall, no 2 story buildings facing the existing homes on Homewood Blvd.
The developer and City cared enough about the existing homeowners to listen to their valid concerns and
do something about them. I could not get all of the facts for this particular development but know the
homeowners fought the development for a long time before an agreement was reached. Woodside is
similar to the Meadows in that there are townhouses, villas, condos and single-family houses. The acreage
is much more (although I could not get the exact number of units or amount ofland from the Delray
building department) than Hampton but the end result would be the same, which is privacy for the existing
houses. There is a good set back, landscaping on the outside of the wall with grass, and recreation areas
within the development. But then, that developer did not try to get all the llllits he could possibly squeeze
in. All we will see is the 2nd story and an empty wall, practically in our front yards. I strongly suggest that
there be better planning for the good of all. Just consider if this were where you live, would you welcome
this development directly across from your house? The 2 story units should be placed elsewhere on the
property or stay with single story units. We request that this not be allowed as shown on the site plans.
6. Zoning Change-
For what possible reason does this developer want the Zoning to be changed? To enable the building of
more llllits than what is allowed under the present Zoning? If that is the reason this should say something
to all of us. With the last zoning change there was an agreement as to what the property would be used for
and that would be the last zoning change. Since then we have had requests for zoning changes on the
Northeast comer ofSW 23rd Avenue and Congress (which was not approved) and now we are back to yet
another request but for across the street. Whether the zoning is changed or not the density for this
development is too high for either zoning and for the area.
This same developer obtained the LaNotte property on North Federal Highway and is trying to do the same
thing here that he has been approved to do there, get all that he can get, with no thought or consideration to
the environment or the existing property owners. But here he is definitely on top of single family houses
and is using the canal for his dumping grounds. Too many units on too little property can only bode ill for
the future as well as the present. The Planning & Zoning Division had misgivings on the Federal Highway
project but were overruled, the developer won. We request the zoning remain an R3 and not be
changed to a PUD.
I have been told I cannot see the "Big Picture". From what I read, hear and see it seems we just keep going
forward to see how fast we can use up the water, deface the land and kill the wildlife. The "Big Picture"
scares me as I wonder what will happen in future years with decisions we are making now out of greed or
ignorance. This is a time that everyone best take a good look at the "Big Picture" and see what, if any,
effects it will have not only on the present but the future?
Developments such as this should not be solely up to associations, City Commissions or Boards of any
kind. These developments impact people directly and these are the people that should have the right to be
heard and listened to. The people should be taken into consideration and every concern evaluated before
any final answers are given.
Hampton Court developers have already assigned addresses to the buildings. I must inquire as to how they
can be so positive about the project starting when it has not, to our knowledge, received approval. Have
we, the existing homeowners. missed something that this developer can show such a positive attitude of
having the zoning changed and the project approved? It seems the developer knows what is in the future.
In conclusion the existing residents would like to see: Independent traffic, flooding, drainage and noise
studies. The "paths" made into actual paved streets. The rec area, pool, dwnpster and retention areas
moved to a more centralized location or to the ACLF side of the property. Lower density. No 2 story
buildings directly across from our homes. More footage required for setbacks. Landscaping on our side of
the wall along with a grassy area. No zoning changes.
The GHHA really failed in their approval of this development. It is very disturbing that we, who are
directly impacted by the Hampton Court Development, were never notified of the meeting conducted
August, 2002, at which time a vote for the development was held. It is also disturbing that we never
received the August 2002, September 2002, or the October, 2002 Harbour Lights newsletters. No vote
should have been taken at that meeting unless the majority of the directly impacted homeowners (e.g. those
immediately adjacent to or opposite of) were given appropriate notice and the opportunity to attend and be
heard. We may not be the majority but we should have a voice in what directly impacts us. Hopefully the
GHHA have not done us as much hann as I feel it may have and we may still have the time to have our say
and be listened to, not just heard.
As Mr. Ryland has stated "we will be here long after the developer is gone and those now seated on the
City Commission and Planning and Development Board have left their seats behind" It has already been
stated that the valuation of our houses will go down and we would probably have a difficult time selling our
houses if the development is approved as the site plans show. Again I ask you "walk a mile in our shoes
and see where you would go."
Cordially, _____
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Mr. & Mrs. Roger P. Berger
xc: Michael Rumpf, Planning & Zoning Director
Richard Philpott, GHHA President
Rumpf, Michael
From:
Sent:
To:
Cc:
Subject:
Rumpf, Michael
Thursday, October 10, 2002 8 42 AM
Cherof, James
Galav, Lusia, Hudson, Dick (Orran)
Alhambra Square settlement and density
Jim, Just a "heads up" to you that Atty Mike Weiner will be calling you for a meeting to discuss the density/units allowed
for this next generation project proposed by Centex. We all met yesterday and my position was that the units allowed on
this property cannot be converted from the 200 and some bed figure for an ACLF included in the original settlement. I
said that this would by my opinion until you interpreted it otherwise, or a revised settlement clarified same I do not have
a problem with them using that density from the settlement if is deemed the intent and is legal We are talking about 60
some units rather than 40 some units Also, PUD should work for this site
Mike
.
1
10/02/2002 15:46
561272F~11
WEINER & ARONS,......I PA
c 0 V E R
s
To:
Fax #:
Subject:
Date:
Pages:
H
E
E T
Michael Rumpf
742-6259
Centex
Our File No.: CENH003
O~r2J2002
~, Including this cover sheet.
As we discussed.
The information contained In this transmission Is attorney-
client privileged and confidentIal. It is Intended only for the
use of the individual or entity named above. If the reader of
this message is not the Intended recipient, you are hereby
notified that any dissemination, distrIbution or copy of this
communication is strictly prohibited. If you have receiVed
this communication in error, please notify us immediately by
telephone, collect, and retum the original message to us at
the above address via U.S. Mail, we will reimburse you for
postage. Thank you.
PAGE 01
FAX
From the desk of...
Michael S. Weiner
Esquire
Weiner & Aronson, P.A.
102 N. Swinton Avenue
Oelray Beaoh, FL 33444
(561) 265-2666
Fax; (561) 272-6831
J
---~
Lc
_.~/17/2002 13: 43
561272F~"1
WEINER & ARONsr" PA
PAGE 02
WEINER Be ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: delraylaw@bellsouth.net
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
OF COUNSEL.
R08ERT MARC SCHWARTZ, p,A.
Rorlda 13ar Board Certified
Real Estate Lawyer
September 17, 2002
Via Teleeopier
James Cherof, Esquire
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
Mr. Michael Rumpf
Director of Planning & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Re: Centex Homes; Conversion of ACLF
Our File No.: CENT003
Dear Jim and Michael:
Enclosed, one for each of you, is a copy of the proposed Joint Motion and Agreed
Order, Agreed Order, and Stipulation and Settlement Agreement Addendum. Also
enclosed are additional copies of the letters of consent from Golfview Harbour Homeowners'
Association, Inc. and Golfview Harbour Estates Homeowners' Association, Inc. Lastly, I am
enclosing a copy of the legal description for the property in question.
In speaking with Michael, it is my understanding that the appropriate zoning is "R -3"
and not "R-3 PUD." Please confirm this with me.
I would also like to confirm that the property at issue is the property described in the
legal description which forms part of our survey. Could this be part of the stipulation?
09/17/2002 13:43
55127?r 11
WEINER & AROW-" PA
PAGE 03
Mr. Michael Rumpf
James Cherof, Esquire
September 17, 2002
Page 2
Please understand the nature of this inquiry. I am sure we want the settlement to be
technically: orrect. I look forward to hearing from you.
Enclosures
cc: Keith C. Austin, Jr., Esquire (w/endosures)
Mr. Kevin Borkenhagen (w/enc1osures)
G. \CENT003\Lettl1r Cherof-Rumpf.Sept17.wpd.
09/17/2002 13 43 ~.'2726831
WEINER & ARONSON P~
SEP 16,2002 9:40AM .ITH AUSTIN
,. U j~
PAGE 04
IV
IN THE CIRCUIT COlmT OF nIB 15TH
JUDICL\L CIRClJlT IN AND FOR
PALM HEACH COUNTY, FLORIDA
CASE l\O CL 89-6178 AN
MILNOR CORPORATION, a Florida
corporation; NoRMAN J. MICHAEL
and BLISHKA E. MICHAEL, his wife,
Plaintiff,
Vll.
THE CITY OF BOYNTON BEACH,
a Florida Mumcipal corporation.
Defendant.
J:QJNT MOTION AND AGREED ORDER
The Plaintiffs, RSPB, LLC, a Florida limited liability company ("RSPB'1 and THE CITY
OF BOYNTON BEA.CH, FLORIDA, a Florida municipal corporation (''BOYNTON BEACH"),
by and through their undersigned attorneys, hereby joindy request consent from this Court to
l?roceed with zoning approvals and lIS grounds thetefore statE
1. RSPB and Bovnton Beach are parties to a certain Sti.,ulation and Settlement Agreement
last da.ted October 31, 1989;
2, The Agreement was approved by the Court by Order :10 October 2, 1990;
3. The court retains subject matter jurisdiction of this action,
4. The original Stipulation and Order specified a land dBsignation and :zoni.t1.S classification
described in paragraph 11.1:1. oftb.e Settlement Agreement;
5 RSPB desires to request from the City of Boynton BE~h a certam modification to the use
and development conditions on the property describe:!. as Albambra Square ACLF To
that end, RSPB has made a request to the City COlU1Iission of the City of Boynton Beach
for reconsideration of the land use zoning and use limitations on the property
Speoifically, RSPB requests the zoning designation ofR-;PUD;
6. 'The City Commission has expressed a willingness to allow RSPB to submit their request
for amendment through the City's Planning and ])evdopment Board., which acts as an
adviso!)' board to the City Commission on such matt,~s, provided that the submissjon for
the request for amendment is not construed llIl either i violation oftha Court Order
refe~ced herein or wai,ver of the City to insist upon contir;luing enforcement of the Court
Order.
09/17/2002 13'43 ~~12726831
-SEP 16.2002 9'41AM JTH AUSTIN
'J, O::Jtl
PAGE 05
r, I I
WEINER & ARONSON PA
I . _ ......
7.
The parties by this Stipu.l.atiOn., request only that the City be given leave from the Court
Order to accept the request for amendment, conduct a.dministrative review thereof, and
allow the City's Planning and Development Board to Nview the request in a p\1blic
setting.
By'
DATED'
MURPHY, REID, Pll..OTfE, ORD
AND AUjTIN, PA.
Attomey for Plaintiff(s)
340 Rays.:. Palm Way Suite 100
PalmBea~ori 334
(56~) 6 ~060
Flori :U'
By.
DATED"
JAMES A. CHEROF, ESQ
City Attorney for the
CITY OF BOYNTON BEACH
100 E. Boynton Beach Blvd.
Boynton Beach, Florida. 33435
(561) 375-6050
Florida BarNo. 291846
AGREED ORDER
'The Court having considered the Joint Motion of the parties set forth above and being
otherwise duly advised in the premises, it is hereby Ordered a:td Adjudged thl!.t:
1 The City of Boynton Beach is grauted leave to accept Plaintiff's application for
amendment to the land use, zonms and use restriotions hUposed by this Court's
Order of Ocrober 2, 1990.
2. If, upon completion of review of Plaintiff s application for amendment, the
PlaintiffhBs obtained a fa1torable recommendation from the Planning &
Development Board, the parties may jointly petition the Co1.1rt for modifications to
the Agreement.
3. This Joint Motion and Agreed Order does not Jbligate the City of Boynton Beach
to enact land use amendments, zoning charges. or use amendments inCOIlJistent
with those set forth in this Court's Oowber 20 1990 Order. The sole purpose and
intent of this Joint Motion and Agrel'!d Order h to allow the City of Boynton
Beach to m.ore fully consider the amendments being requested by the Plaintiffs.
DONE AND ORDBRED a.t West Palm Beach, Palm 3each County, Florida, this --
day of --' 2002.
Circuit Court Judge
Copiee to:
James Olerof, &q" JOsias, Ooren, ete" 3099 E. CoIIlmeroial Blvd" Sui~ 200, 'Pt. Lauderdale, FL 33308
Keith C. AIlltU1, Jr., Bsq" Mw:phy, Reid, PilQtte, ard 8r. AWJtin, 1'.A., 34') Roylll Palm Way, Suite 100, Palm BelIoh,
FL 33408
09/17/2002 13 43 ~c'2726831
SEP, 16.2002 9.41AM JTH AUSTIN
WEINER & ARONSON P~
). V)O
IN THE CIRCUIT COURT OF THE 15TH
JUDICL\1. CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASENO CL 89-6178 AN
MILNOR CORPORATION, a Florida
corporation; NORMAN J MICHAEL
and ELISHKA E. :MICHAEL, his wife,
Plaintiff,
VS.
THE CITY OF BOYNTON BEACH,
a Florida Municipal corporation,
Defendant
STIPULA~ON AND SETTLEMENT AGREICMENT ADDENDUM
RSPB, LLC, a Florida linrited lia.bility coIporation ("RSPB") and the CITY OF
BOYNTON BEACH (a Florida municipal corporation), by and through their attorney's hereby
atnend that certain Court Order dated October 2, 1990 as follows:
1. Paragraph 11 b. is he,:eby lUU.cuded to reflect R-3PUD;
2. Boynton Beach acknowledges receipt of letu:rs from Golf-View Harbour Homeowners
Association. me, and OolfView Harbour Estates, lrte., copies of which at'eI attached as
Exhibit "A" and 'B", respectively, agreeing to this ZODing modification;
3. The parties shall forthwith inform the court that a Sett1tlment has been reached and the
tellrul oithe Stipulation and Settlement Agreement as liIllended are fully completed and
effectuated. AT such time, the parties shall jointly seek an order from the Court
confirming and r8.tifying this Stipulation and Sett1emex: t Agreement Addendum. The
Court shall at all times have and retain jurisdictio~ Ove.r this cause and the parties to
ensure that the terms and conditions herein are adhered to 'by the parties,
JAMES A. CHBROF, ESQ
City Attorney for the
CITY OF BOYNTON BEACH
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
(561) 375~6050
Florida Bar No. 291846
MURPHY, REID, PTI..OTTE. ORD
AND AU:nIN, PA
Attotney Jor Plaintiff(s)
340 Royal Palm Way, Suite 100
Palm BeaI~ori 480
(5~1) 6 ,'WoO
:l~ri BlfN. 61801
DA D'.
By:
DATED'
PAGE 06
I.,
09/17/2002 13 43 5~12726831
u5 ~SEP 16,2002 - 9 41AM EITH AUSTIN
WEINER & ARONSON P~
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GIiOII.OE P. O1ID.I',A.
TASHA K. PEPf'Illt.D\CICINSON"
FRANIC 1: PILCITE, P.A.
"1J!1J "O~ IN NOJmI Co\I.CII.MA.
June 28, 2002
Richard Phillpott
Association Presiden1
GoIMew Harbour Estates Homeowners
Association, lAc.
1361 SW 27th Avenue
Boynton Beil/:h, Florida 33426
Dear Mr. Pbillpott:
The undersigned is writing to you on behalf of RSPB, L.t.C., tbe owners of the 4.6 approximate
aeres lOCllted just off Golf Road and Congress Avenue. Please )e advised. that this property was
re-zoned. on or about October 1989, through a Stipulation Ag1'l~ent to Adult Congregate
Living Flldlity. We are nOW requesting that the zoning be refor mcd from ACLF to the original
underlyil1i density and zoning ofR-3 (multi-family).
The City of Boynton Beach has requested that we transmit this Information to your Associations
and request that the AssociatioD$ acknowledge and accept the proposed change to the property If
YQI1,l' desire any fwthm- infol:1I14tio.lt or discll88ion, pleue feel fi ee to contact us.
In order to reflect thllt this modIfication is acceptable to your aHsoclmon, plC2Se execute below as
reflected.
AQREED TO AND ACKNOWLEDGED BY
HOMEOWNERS
By'
, .
09/17/2002 13 43 ~-'~726831
HUe.: S E P 16. 2002' I 9' 4 1 AM , E 1TH AU S TI N
WEINER & ARONSON P'
5614S"t~' ~U. Uj~
,.
PAGE 08
Ii t'...
mIlt c, AUSTIN,]lt, RA.
iIJGIiNE w.. MUlU'HY.)R.. P..A.
GEORaI> ~ 0Jl.t), P,A,
T,6J!HA1C.~.
l'RAl<<'T.l'lWITE. P,A.
Murphy, Reid, Pilotte, Otd ~l. Austin
AI'~C'I~ASSOCIATIONS
ATr~}JLRII
sum 100
).40 ROYl\1.l'oM-M WAY
PALM BUCH, PLOlmA 3M8Q.-4.34r
11!LEPl'loNI ~I.) tiSS-4060
FAX (5/iIl6SS-lllIl1
lUASE lUll'Ly T01
PALM BiAQt OFFJC:E
nANTATION I'I.AU\
~1OTasnur
'IJI!l0 BIOAC.K. fLO[l.ItlA )296/i.'/9m.
20, CllAwa M
vao IlB\OL ROlUPA 32961-3012
11lI".I.PHONE (561) 567.6480
ViJ() FAX (561l561-{1'llO
Clf~
PHlLlP H _ RBm, ~
LOlS Rl!lD a.EMiNT8
.~ !\IMnEI) INNOJ:tK CAR.CJLIN.\
June 28, 2002
Jo~ephine DeSantis
Trea,uter
Golt'view Harbour EsWes Homeowners
Association, Inc.
t 360 SW 27'" Avenue
Boynton. aeach, Flocida 33426
Dear Ms, DeSantis~
The unders1~ is writing to you on behalf of RSPB, L.L.C., the ownetS of the 4.6 &Pl'l'olCimate
acres located just off GolfR.OII4 and Congress Avenue. Please. be advised that this property was
re-zoned, 011. 07: about October 1989, through a Stipulation ,4,grccment to Adult Congregate
Living Facility. We are now requesting that the zoning be rEformed fiom ACLF to the original
underlyiIig density and zoning ofR.3 (multi-family),
The City of Boynton Reach bas requested that we trenSmit this infotmation to your A$socia1ions
and request that the Associations acknowledge m:I accept dle propooed change to the property. It
yom desire any furthM infonnation or discuoion, please fed free to contact us.
In order to refll'lct that thi& modification is acceptable to YQllI" association, pll!lllSe execute below as
reflected.
AOflEED TO AND ACKNOWLEDOBD BY:
GOLFVmW HARBOUR ESTATES HOMEOWNERS
ASSO,~~ATION, lN5/7 ,I /) (J, I
BY'~U ~./4,<,L-
tN : ~""".J.("fJA / AI./:--, /) ])L:rS.l.W76
..--
09/17/2002 13'43 ~-'2726831
SEP 16. 2002C10 04A~:EITH AUSTINf
GqLF' VIEW HARBOUR '.)1'(/7 SECT/ON' ...., "
(p,W BOOK JO, PAGl' 119 ~ 120, P80R) g::'
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LEGAL DESCRIPTION:
WEINER & ARONSON P" PAGE 09
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,~, II.... ........,.u 'I hl.,!,l . I " I ':l.W I ';;C \ II:;:: - I
'=:! () q;"R ~ljnr~ Book "9" I' " ,; "', I N
.. everhKld Mire' ~ ' ' t..) ul i~ ,
I \ _ Ifh i , . Clqo::
:: Set 1 2 Ir"Il Pipe IV oap ~, w'<;1;
LB #5610 ,~EXCEPT AS NOTEQ) ~ ~i~ ~ Q
. '" Permanent F1efe~nce Uonumuf . ,.::\1' Q) .: ~r <5 ~ ,::\
· PlOt BDOk ' tJ ' wt::g iill '~2
.. Pog. tz !89~
::;; Radiut ~ r "',..\.
:; U,ensed Bl1sinHl1 '" ~ :c,li;
=, UCM8ed Sllrveyor 0 => ~:,..,
.. c.nt.rllfl' ~ f: lII'i
= rl~at1on Puint a: "!ii'I"""
;;: RighI of W,lY . "JI ! ','i
=' R.inforc.d Concrete Pip. N ~:
= ",.fal Light Pole . ' :
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ThflICI1!l1 584.88 fut of Tract 4, C;OLF VIEW HARBOUR :3rd S[CTlOj~, City of
8oynton Beach, F'torldtJ, tJccordlng to the Plat thereof recl,lrClsd i" Plat Book
30, IPogos 119 and 120, Fubllc R'(Iorc/. of Palm Beoch County, Florida, luss
and: not inclurfrng 11'11: following described parcels:
Comm.nD. at the Southeast com fir of Trr:et 4, as shown on th. Plof entitled
GOLF VIEW HARBOUR 3dJ SECTION, City of Boynton Bea!;h, Florida, according to
the Plat thflrflof a. rel:/Qrd,d In Plet Book 50, Page 119, Public R,flCQrdS of
Palm 8.Ql:/h County, F'lor/do: thenefl N 2'21'56" W, alo"9 the [ast lin. of said
Treat 4, 0 dlsftlnce of 104.29 fssf to the PoInt of Beginning of t,fJ Right Qf
Way to b. h.rein des:cribed; thence continufJ Norlherly, along the sam, cour!e,
(J dlttane. of 92.69 feet to a point of fangMcy of Q curve conc>:we to the
NortnwHl having a central angle of 88"75'44'" and a radius of 15 feet;
th.ne. Southerly and Westerly along the arc of .aid curve, a dis/lfnce Df
25. , 1 teet to 0 point of reverse cu,.,afllrt; thenDe Westerly, South erly and
Ea.terly, along the arc of a CUf'YD concave to the fast having a central angle
of 197'4J'52- and a radius of 40 feet, a disfance of 158.04 fe~t t.l the
Point at Beginning.
Begin at the SouthfIQ:;f .comer of salet Tract 4. thence N 2'21'36" W, on a
Plat bearing. along the rast line of sl1/d TrQct 4. a distance of i 04.29 feet
to an intflrncfion with a curve I;Dncave to the North, said curve /lelng a
cui-de-sac as rfll;orded in Official R,cord Book 2584, Pages 479 M~ 480, of
the Public Records of Palm Beach County. Florida, a radial line f-om said
interned/on bflaring N 21'49'44" Wi thellC. WfllItflrly along the rig, tf of way of
~Id cul-de-sac clnd along sold curve, hcw/ng a rC1dills of 40.00 f.et, a
cflntral angle of 29'OJ'12~, and an arc I.nyth of 20.28 flJet to en Inml'3ectlon
with 0 line being 20.00 f..t W." of, as measured at right ongl", and
parallfl/ with the said fa'" lin' of Tract 4, thonGe S 2'21'36" r, alcmg soid
parol/el line, a distance of 102.56 feet to an Intersection with thn South line
of sold Trtr~ 4; thence N 8.,.5B':24" C, along said South line, Q :fl"ance of
20.00 feet to the said Southea!l1 comer of Trt:lt;lf of and the Point of
Be9inning.
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CENTEX HOM~S, INC,
CERTIFICATION': .
~_~:~_~Br CERTIFY thot the aff&l:~~~, Sk",tch of Survey Is true and
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Rug 08 02 04:46p
K@nn@mer
5614342939
p.2
KEITH C, AUSTIN, IR" P.A,
EUGENE W. MURPHY, JR., P.A.
GEORGE P. ORn, p.t\.
TASHA K. PEPPER-DICKINSON.
FRA"iK 1. PlLOITE, P.A.
Murphy, Reid, Pilotte, Ord & Austin
A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS
ArrORNEYS AT LAW
SUITE 100
340 ROYAL PALM WAY
PALM BEAG!, FLORIDA 33480-4347
TELEPHONE (561) 655.4060
FAX (561) 655.8801
PLEASE REPLY TO:
PLANTATION PLAZA.
6606 20TH STREET
VERO BEAm, FLORIDA 32966.7902
P.O. DRAWER M
VERa BEACH, FLORIDA 32961.3012
lELEPHONE (561) 567-6480
VERO FAX (561) 562-0220
OF COUNSEl
PHILIP H REID, JR.
LOIS REID CLEMENTE
PALM BEACH OFFICE
. ALSO ADMITTED IN NORTH CAROLINA
June 28, 2002
Richard Phillpott
Association President
Golfview Harbour Estates Homeowners
AssocIation, Inc.
1361 SW 2]lh Avenue
Boynton Beach, Florida 33426
Dear Mr Phillpott:
The undersigned is writmg to you on behalf ofRSPB, L.L.e., the owners of the 4.6 approximate
acres located Just off Golf Road and Congress A venue. Please be advised that this property was
re-zoned, on or about October 1989, through a Stipulation Agreement to Adult Congregate
LlVIng Facility. We are now requesting that the zomng be refolmed from ACLF to the anginal
underlymg density and zoning ofR-3 (multi-family),
The CIty of Boynton Beach has requested that we transmIt this information to your Associations
and request that the Associations acknowledge and accept the proposed change to the property. If
your desire any further informahon or discussion, please feel free to contact us.
In order to reflect that this modification is acceptable to your association, please e)o,ecure below as
reflected.
AGREED TO AND ACKNOWLEDGED BY.
By:
HOMEOWNERS
f>1-41 L '4:)T
11Z't?"~ {o<?,7T
Au~ 08 02 04:46p
Kennemer
5614342939
p.3
KEIll-l C AUSTIN, JR,. 1'.A.
EUGENE W MURPHY, JR.. P,A.
GEORGE P. ORD. PA,
TASHA K, PEPPER-DICI<INSON-
FRANK T PILOTTE, P.A.
Murphy, Reid, Pilotte, Ord & Austin
A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS
ATIORNEY5 AT LAW
sum 100
340 ROYAL PALM WAY
PALM BEACH, FLORIDA 3H80.434i
TELEPHONE (561) 655-4060
FAX (561) 655-8801
PLEASE REPLY TO:
PLANTATION PLAZA
6606 zorn STREET
VERO BEACH, FLORIDA JZ966.7902
P.O, DRAWERM
VERO BEACH, FLORIDA 32961.3012
TELEPHONE (561) 557-6480
VERa FAX (561)562-0220
OF COUNSEL
PHILIP H REID, JR.
:"015 REID CLEMENTE
PALM BEACH OfFICE
'ALSO ADMITl'EO IN NORTH CAROLINA
June 28, 2002
Jos~phine DeSantis
Treasurer
Golfview Harbour Estates Homeowners
Association, Inc.
1360 SW 27th Avenue
Boynton Beach, Florida 33426
Dear Ms. DeSantis.
The undersIgned is writing to you nn hehalf of RSPB, L.L.C " the owners of the 4.6 approximate
acres located Just off Golf Road and Congress A venue, Please be advised that thiS property was
re-zoned, on or about October 1989, through a StipulatIon Agreement to Adult Congregate
Livmg Fac.;ihty We are now requesting that the zoning be reformed from ACLF to the original
underlying density and zoning ofR 3 (multi-family)
The CIty of Boynton Beach has requested that we tranSITut thiS information to your Associations
and request that the AssociatIOns acknowledge and accept the proposed change to the property If
your desire any further information or discussion, please feel tree to contact us.
In order to reflect that thIS modification is acceptable to your <lssoclatioo, please execute below us
reflected.
AGREED TO AND ACKNOWLEDGED BY,
UOLFVIEW HARBOUR ESTATES HOMEO\\lNERS
ASSOCIATION, rN7...., .1 /7'
By; '- t: .~ Ill'; ~,/j4.?1 E
~. t N r-1P..( ~ h / /JI ?- - ......) .!y..:- (/jA/ /-:--6
Rumpf, Michael
From:
Sent:
To:
Cc:
Subject:
Cherof, James
Tuesday, September 17, 20024.01 PM
'delraylaw@bellsouth,net' c-'
Rumpf, Michael, Bressner, Kurt I ,/\ft;/..
Centrex Homes f ( rc- ,.
Michael S Weiner
In response to your 9/17/02 letter'
1 You are correct. There is no R-3PUD I mentioned that to Keith Austin when he drafted the joint motion If the
Commission authorizes me to move forward, I will correct the pleading to reflect a zoning classification consistent with
the proposed project (if they contemplate townhouses, they need to make application to re-zone to PUD, not R-3) Let
me know and I will correct the Joint Motion and return it to Keith or to you if you so request.
2 I cannot confirm the legal description and I see no reason to ask City staff to undertake that responsibility at this time I
have moved this matter forward based on Keith's representation that RSPB is the successor in interest to the Stipulation
and Settlement Agreement from 1990 Perhaps you can confirm that for me by providing new language for the stipulation
which covers RSPB's standing
Keep in mind that the only thing the Commission is doing this evening is granting authority to ask the Court to allow the
City to accept an application to rezone No representations regarding the outcome of that application are being made by
the City
1
Memorandum
To: Mike Rumpf, Director ofPlanmng and Zoning
CC: Jim Chernft', City Attorney
From: [ngrid Kennemer, Coldwell Banker Commercial
Date: 7/9102
Re: Golf Road parcel RSPB, LLC O'Mler
Golfview Harbour Estates, Inc response.
Gregory Brown, President response 7/8/02
cc: Keith Austin
Kevin Borkenhagen
1
2'd
LSOO-E:v2-19S
epl"...e
lit2s:ao 20 SO tnc
...
~ul 08 O~ \O:~2_
l'Il...vida
~bl-/.jt:l-b"~U
561'243-0097
CT"f'r,;or~ Brown
"'''ITH C. MlS1lN. JIl,. "^
ElJODil W.MURl'HT.JIl., rA.
r.~0R0l p. ~I), f',~.
'fA$HA IC. '2I'tta.flIClCI~.
~"* T. I'llDl'TI. r.^
Murphy. Reid. Pilotte, Ord & Austin
... rAknfBtSltll' (If ~(1ft..~10lW. AS$OOATJONS
A~""1~Kr LA"
~10ll
J40f.orAl. PAl.M "'Il'i
PALM I'lEACH. A.I..'''\ll~^ ))410.4.141
TIl.r;~OON!;nill ~S~
UJeCUI)6'i,.llftC)1
r~~"f. ll.~l'I.y TO.
PALM III""'''' ~IL'1i
"H~
tHILlrN llF.lo.~.
L~ RElD a1M(lII'I'I
.~ A1>>lfT11J) IIf lOOtml <:AM'lLI!!"
June 1~ 200'2
(ire80f)' R rowl)
Associa1ion ~ide"t
Oolfvicw Harhour E~1:\1t!', 'ne.
1446 SW 25'. t\1I\."fI\lC, Me
Boynton Beach. florid" ))426
lk.v Mr 8'(lwt'
PlA"'T^11Ol'I PtA%A
6Ml6 IC1lt ~TI\fET
VJ,1l0 ...An...., ('lII1""" ,_1<<1:
~o.~..u Jot
VEaO 1EA0l. R.nRrOA )1'161-1011
nLll'ttONE (\4\1, !61.HIt\
v!JtQ fhlt ~Ll ~t..o210
The U1\dcnip'cd is writina to YOIJ on behalf of RSPB. ltC, the owners oCtile 4,6 approximate
~cm ~d jlKt off Oolf Rood and COtlyc!~ A"OI'l~'~, PICll$\: be llclviscd t1...t th~ pl'Opcl'ty waf,
reo7,oned, on ot about October 1989, 'brol1Ch 3 SbpulaaiM Agreement Iu Adult ConlP'c~te
L.lvin& Fucilil}/. WII! are now reQuesting that lhe 10lliflt be rdClrmed fT(~m AC1.F 111 tilt! orij;inill
un~f'Y'ng l.k"sll)' aM zuning afR.) {multi family).
Tlw Ci,y of Doy"l'tO'" R~h hll:> f.,q\lcG,~d UlG' we trllIlGlltll chi:; Il\fotmlltioft to yo", A.,,~iolion!l
and request rhlllt the: A~oc:iations adcnowleclgc and accept the proposed "lMISe to ,he propcny If
you desire any further information (If disc\JSS1(ln. plcl.l~c f~l t~e to contllCt us.
In order tu rdlec:t chat this ItlOdific:tlion IS ~ceplablc to your Ali~OClatioll. ple~3\i (UCloltte ~l()w
a~ renccted.
AU~L> TO AND ^CKNOWL~D<..;F.D BV'
f.jOLfVlEW UAIIROUR ESTATES.1NC
/ .~~~
B) . /..'~/l I "..>...:.:.:;!,_. ..... - .-
Pnl'lt NIlmt:!'_(<Ffiu'-+ 7.~.J
- ('''/02.
E'd
LSOO-E92-199
e'p~o"I..le
,... .
p.l:!
e'E9:ao 20 60 In('
Jul 08 02 11:51a
al"'vida
561-243-0097
p.2
Memorandum
To: Mike Rumpf, Director of Planning and Zonmg
CC: Jim Chcroff, City Attorney
From: IngrId Kennemer, Coldwell Banker Commercial
Date: 7/8/02
Re: OolfRoad parcel RSPB, LLC' owner
We have made contact with both Golfview Harbour Estates. Ine (GHE) and
Golfview Harbour Estates Homeowner Assodation, Inc. (GHEHA). We expect to
have an answer back from the Townhomes section. GHE, in the next couple days.
The single family section. GHEHA. will not be meeting WItH August.
Enclosed are a copy of the correspondence with both groups for your records.
cc: Keith Austin
Kevin Borkenhagen
1
Jul 08 02 11:51a
a...vid~
561-243-0097
F'.3
Memonmdum
From:
Date:
Re:
Richard Philpott & Josephine DeSantis
Keith Austin
Kevin Borkenhagen
Ingrid Kennemer
7/8/02
RSPB, LLC. Golf Road Property
To:
cc:
Per OlW conversation, I am confirming that your Home Owner
Association will be meeting on August -;n and that your Board of
Directors will be meeting the following Wednesday August 14th.
At those meetings you all wil be discussing the attached letter. Should
you desire an additional informatiOn or for a representative of the Buyer
or Seller to come to el1her or both d these meetings to help clarify the
issue before you please feel free to contract me at my office
561-243-0096. We look forward to your response.
1
Jul 08 02 11:51a
al'"'vida
561-243-0097
",.4
KEITH C. AUSTIN, JR.. P.A.
EUGENE w, MURPHY. 'fl.., P.A.
GEOIl.GS P. Ollt\ p ~
TASHA K. PEPPER.DICKINSON'"
FRANK T PiLOHE. FA
Murphy, Reid, Pilotte, Ord & Austin
A PARTNERSHIP OF I'\l.OFF$..'lIONAL ASSOCIATIONS
A1TO~NEYS AT LAW
SUITE 100
HO ROYAL PAJ.M '7.iAY
PALM BEAa-!. FLORIDA 33480.4H7
TEI,EPHONE (561) 655.40k)
fAX (5~1l 655.8IlDl
PI.EASE REPLY TO:
PLANTATION PLAZA
6606 20m STREET
VERO BEN:!!, FLOR1DA 32\166.7902
PO. DRAWERM
VERO BEACH. FLORIDA 329&1.3012
nFCOUNSEL
PHILIP H RF.In, JR.
LOIS REIn CLEMENTE
PALM BEACH OPPlrF
TElErllO}-lJ} (561) S~7-6'r80
VERO FAX (561) 562.0120
....LSO ^nMITr~D IN NOl\T1' C,.R()UNA
June 28, 2002
Gregory Brown
Association Pre~idcnt
Golfvicw lIarbour Estat~s, Inc.
1446 SW 2St" Avenue, #C
Boynton B~ach, Florida 33426
Dear Mr Brown:
The undersIgned is writing to you on hl:half of RSPB, LtC, the owners of the 4 6 approximate
acres locate;;u jU:;l off Golf Road and Congrc:,s Avenue. Please be advised that this property Wlii;
re.zoned, on or about October 1989, through a Stipulation Agreement to Adult Congregate
Living Facility. We arc now requesting that the zomng be reformed from ACLF to the original
underlying denslly and ZODlng of R.3 (multi fami!))
The Ci I)' uf Boynton Bc~~b has rcqul.:sled thot we transmit thls information to YOllr A <:~ociati()n~
and request that the Associations acknowledge and accept the proposed change to the propert)'. If
yOU desire any further information or diSCUSSIOn, please l~el free to contact us.
In order to reflect that this 111~)dificatlon is acceptable to your ASSociatIOn, please exeClltc below
a::; reflected.
AGREED TO AND ACKNOWLEDGED BY:
GOLFVIEW HARBOlJR ESTATES. INC
By, ..
Pnnt Name
WEINER & ARONSON, P.A.
AlTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone. (561) 265-2666
Telecopier: (561) 272-6831
E-mail.delraylaw@bellsouth.net
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
October 2, 2002
Via Overnight Mail
Mr. Michael Rumpf
Director of Planning & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Re: Golfview Harbour
Our File No.: CENT004
Dear Michael:
OF COUNSEL.
ROBERT MARC SCHWARTZ, P.A.
Florida Bar Board Certified
Real Estate Lawyer
sed please fin the draft of the plan that we previously discussed.
ve~\ yo~sA ~ .
\ .\~ ~\l.1 \ ~
Mi~akl S. Weiner
MSW:vf
Enclosures
G. \CENT004\Letter Rumpf.Oct2.wpd
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: delraylaw@bellsouth.net
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
OF COUNSEL.
ROBERT MARC SCHWARTZ, P.A.
Florida Bar Board Certified
Real Estate Lawyer
October 14, 2002
James Cherof, Esquire
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
Re: Golfview Harbour
Our File No.: CENT003
Dear Jim:
In advance of our meeting, I would like to discuss with you the Stipulation and
Settlement in Milnor Corporation v. The City of Boynton Beach. As you know, there is a
Joint Motion And Agreed Order. A copy is enclosed. It presumes that an application shall
first be made to the City of Boynton Beach.
We believe that application would allow for sixty-seven (67) units to be built on the
property based upon a conversion of the unused "beds" to residential "units." Enclosed is
a copy of the calculations. These calculations have been done in concert with the staff at
the City of Boynton Beach's Planing and Zoning Department.
As the Agreed Order states, the application to the City should not be inconsistent with
those matters set forth in the Court's Order of October 20, 1990. We do not believe that this
request is inconsistent. We also do not believe that this request is inconsistent with the
present Land Development Regulations of the City of Boynton Beach, Florida.
The Planning and Zoning staff has asked me to bring these matters to your attention
so that they may receive comfort from you with respect to receiving this application and
processing it.
Would you please telephone me so we can discuss these issues and I would hope we
could be prepared to finalize any matters in our meeting on October 18, 2002.
0[. ! t 2002
James Cherof, Esquire
October 14, 2002
Page 2
ank you in a vance for your assistance.
cc: Mr. Kevin Borkenhagen (w/enc1osures)
Mr. Michael Rumpf (w/enc1osures)
G:\CENT003\Letter Cherof.Oct14.wpd
'..:. , .....
" ~
. ....
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO: CL a9-~178-AN
MIUlOR CORPORATION, a Florida
corporation; NOnMAN J. MICUAEI.
and ELISUKh E. MICHAEL, his wife,
Plaintiff,
vs.
THE CITY OF BOYNTON BEACH, a Florida
Municipal corpor.ation,
Defendant.
I
~~IPULATION ~ND SETT~EMENT AGREEMENT
MILlIOR CORI'OnATION, a Florida corporation ("MILNOR"), NORMAN
J. MICHAEL and ELISH~'\ E. MICHAEL; 'hi~ wife (IIHIClIAELlI); and the
cITY OF BOYNTON BEACH, a Florida M~nicipal Corporation (tlBOnfTON.
BEACH"), by and throuqh their undersigned attorneys hereb~
stipulate and agree as follows:
1. MILNOR OWns that certain parcel of real property located
within the municipal limits of BOYNTON BEACH and being ~ site of
approximately 1\.01 acres situated at the northeast intersection
of Congress Avenue and Golf Road (Southwest 2Jrd Avenue), which
real property is more p~rticul~rly described in the Exhibit "A"
attached hereto nnd made a pnx:t hereof, ~nd which real property
shall hereinafter be referred to as "Alhambrn Square North."
I
2. HICn1\EL owns that certnin parcel of real property
locntmd within the municipal limits of BOYNTON DEACH and beinq a
site of approximately 9.45 acres situated at the southeast
intersection of Congress Avenue and Golf Road (Southwest 2:lrd
AVC!I1UCl). This roal property shall be referred to as two parcels,
tho first pnrcel being an approximnte 4.45 acre parcel situated
,
closest to the intersection of Congress Avenue and Golf Rond
(Southwest 23rd Avenue), and more particularly described in the
1
EXHIBIT
,
A
., .
.-
r' .
E~h.1.bit ItB" attnc:hed hereto and made a part hereof, and which
real p;operty shall hereinatter be reterred to all "Alhambra
Square South. It The second parcel, being immediately adjacent to
and east of Alhombra Square North and consisting of approximately
5. 0 ac~es, and more particularly described in the Exhibit lie"
attacheC! hereto and mude a part hereOf, and which real property
shall h!!reina!tar be referred to as the "Alhambra Square ACLF."
J. The Alhambra Square North, Alhambra square South, and
,
the Alhambra Square ACLF parcels of real property shall
hereinatter be sometimes collectively referred to as the
"Alhambta Parcels."
4. The Alhambra Parcels are presently subj ect to the
follow!ng Comprehensive Plan and Zoning designations by BOYNTON
BUCll:
Future Land
Pt\rcels Use Element. Zenina
Alhambra Sqttare north Moderate density R-IM(PUD)
residential
Alhambr$. Square South Lew density R-IM (single
residential family residential)
Alhambra Square ACLF Low density R-1AA (single
residential family residential)
s. On or nbout September 30, 1988, MILNOR for the Alhambra
North and MIClIAEL for the Alhambra South and Alhambra ACLF
parcels submitted applications (the "Applicationslt) to BOYNTON
BEACH tor amendments to the futur.e land usa element of the
Comprehensive Plan, and for rezoning of the A1hambra Parcels, as
follows:
Future Land Intended
Parcel~ Element Reauest Rezonina Reauest Yu
Alhambr$. Square Office Commercial C-l (Office Office/
North Professional) Medical
Alhambr$. SqUAre Office Commercial C-l (Office Office/
South PrOfessional) MedicAl/
Banking:
Alhambra Square Mul ti-family R.-3 (Multi- Adult
ACLF residential family) conqreqate
Living'
Facility
~
commission. On October :J, 1989, the City Commission heard and.
considered public input and postponed consideration of this
stipulation and. Settlement Agreement until its regular meeting of
r
October 17, 1989.
sinc!! that time, M:IWOn and M:ICHAEL have
modified their requested land use changes to those set. forth in
paragraph 11, below.
10 . On October 17, 19 B 9 , a t its regular City Commiss ion
meeting, the city COllUllission of BOYNTON BEACH considered the
terms and conditions of this stipulation and SetUement
Agreement, the further input from MIWOR and H:IOIAEL, the further
publi~ input, and by a motion duly made, the city Commission, by
a vote ot four in favor, none opposed (council-person Arline
Weiner absent), approved the terms and conditions ot this
~
Stipulation and. Settlement Agreement and authorized and dir8~ted
the city Attorney to execute this stipulation and Settlement
Agreement.
11. The Fu ture Land Use Element 'and Zoning of the AlhQmbra
Parcels shall be:
.
r
."
Parcel
Future Land
Use Element
Zenina
Alhambra Square North
Office COllUllercial
C-l (Office
Professional)
~lhambra Square South
and Alhambra Square ACLF
MUlti-Family
Residential
R-3 (MUlti-Family)
ACLF with no less
than 248 units
In connection with the development of the Alhambra Parcel.s, and
as an inducement to BOYNTON.BEACH to enter into this stipulation
.
and Settlement Agreement, M~LNOR and MICHAEL agree to the
fOllowing
developmental
limitations, I which
developmental
limitations shall apply regardless ot ownership of the Alhambra
Parcel!J:
a. ~]hambra Sauare North:
(1) Building Height not to exceed two stories:
(2) All dumpsters to be located away trom adjacent
rQsidential areAS:
(J) construction of the siX-foot zoning boundary
wall shall be coordinated with the governing association ot the
4
I.
6. ThG App'licatJ.ons wera considered by the Planninq and
zoning Board of UOYNTON BE}\CIl at a duly constituted ami duly
noticed public hE!ll.rinq on December 15, 1988, a.t which time the
I"lanninq and Zon! ng S'oard recommended denial of the ApplicAtions
to the City Comminsion.
7. On Janui:lry 4, 1989, at a duly constituted and a duly
noticed Special Hoeting of the city Commission of BOYNTON BEACI,
the City Commission of BOYNTON BEAClI heard ana considered the
,
Applications and by motlon declined to submit the Applications
f
for review by the state of Florida Department ot Community
Affairs and the Treasure Coast Regional Planning Agency.
8. On or about June 20, 1989, MILNOR and MJ:CUAEL filed the
.
instant action seeking to invalidate the current Comprehensive
~
Plan designationc and zoning classifications of the Alhambra
Parcels, seekinq to require BOYNTON BEACH to grant the
Applications and seeking damages.
9. On September 14, 1989, Robert A. Eisen, Esquire,
attorney for MILNOR and MICHAEL,' delivered to Raymond Rea,'
Esquire, City Attorney for BOYNTON BEACH, a letter offering a
settlement of tho instant action wherein BOYNTON BEACH vould
grant
the
Comprehensive
Plan
designations
and
zoning
classifications requested in the Applications and MICHAEL and
MILNOR would relnase BOYNTON BEACU from any and all claims for
damage. At its regular meeting of September 19, 1989, the City
Commission considered the request for settlement, and by a vote,
.
three votes in favor, two opposed, directed the City Attcrney,
Raymond Rea, to negotiate the terms o~ a Stipulation and
Settlement Aqrecment vith the representatives of MILNOR and
!UCUAEL and 'proscmt that Stipulation and Settlement Agreement for
npproval by the City Commission at its meetinq of October J,
1989.
The City Attorney was further directed to give public
notice of the cnnsideraticn of the Stipulation and Sett.lement
Aqreament and that the consideration of the Stipulation and
Settlement AqrElement should be a pUblic hoaring so that input
from tho public could be taken and considered by the City
J
. I
,;.
adjacent residential property and the existing buffer hedge shall
bo removed and replaced with sod and landscaping to the
specifications of ~he governing association and at no cost' to the
governing associationT
(4) Parking lot lighting shall be shaded so as not
to shine directly into residential areas, and parking lot
lighting shall not be illuminated after ~l:oa P.M.:
b. Alhambr~ Sauare South and ~lhambra Sauare ~CLF:
,
(1) Building Height not to exceed two storiesT
(2) Roof pitch not to be steeper than 4/12:
p) All dumpstcrs to be located away from adjacent
residential areas, and at least one hundred feet from the south
:.:.
property line of the Alhambra Square South and Alhambra Squ~re
ACLF Parcels;
(4) Parking lot lighting shall be shaded and
shielded so as not to shine directly into adj acent residential
areas: parking lot lighting shall not be illuminated after 11:00
P.M.: parking lot lighting poles shall be at the minimum height
permitted or allowable by BOYNTON BEACH;
(5) Use of the property shall be. limited to an
Adult congregate Living Facility;
(6) A combination of landscaping and wall (the
"Wall") shnll be constructed on the south property of the
Alhambra Square South and Alhambra Square ACLF parcels. The plan
and design of the Wall shall be coordinated with and approved by
the governing ~ssociations of' the adjacent residential property.
Approvnl of the Wall shall not be unrea~onably withheld by the
governing asso~iations. The Wall shall be constructed at no cos~
or expense to the governing associationsT
(7) At such time as building plans are presented to
BO'iNTON ElEACn for permit, copies of the Wall plan and site plan
shall be submitted to the governing associations;
,
(8) No parkinq spaces or improvemants except
landscaping shall be constructed or installed in the Lake Worth
,
c
p
,. . .
~,
Drainage District ~iqht-of-wnv south of the ^lhambra Square South
and A1hambra Square ACLF Parcels; and
\~) Deceleration entry. lanes shall be pr~vided at
Gl1ch .(lnt:-<:lnce if deemed necessary by BOYNTON BEACH.
The foregoinq developmental limitations shall be set forth in a
Declaration o~ Covenants and Restrictions (the "Declaration"),
vhich shall provide that they cannot be Modified vithout the
consent of BOYUTON BEACH, and the Declaration shall be rec,orded
amonq the public records ot Palm Beacb County, Florida,. shall run
with the land, and shall be bindinq upon the successors and
"assigns of MILNOR and MIOIAEL. The Declaration shall be prepared
and distributed to. the governinq associations by November 1,
1989. A recordable Declaration signed by MILNOR and MICHAEL
shall be delivered to the City Attorney prior to the first public
hearinq on tha rezoning and Comprehensive Plan amendments
described in pa~agraphs 12 and 1J, below. The Declaration shall
be recorded by the City Attorney where all actions necessary to
effectuate' this StipUlation and Settlement Agreement have been
duly enncted by BOYNTON BEACH. The Declaration is for the
benefit o~ the followinq governinq associntions of the adjacent
residential arens:
(a) Boynton Leisurevil1e Community Association, Inc. as
to the Alhambrn No~th Parcel; and
(b) Golfviaw Hnrbour and Colfview Harbour Estates as to
tho Albambra South and. Alhambra ACLF Parcels.
1,2. BOYFTON BEAcn Aqrees to sUPlJlement or amend its
ComprehonsivQ Plan by December 31, 1,9S9, to permit use and
development of the Alhambra Square Parcels as set forth in
paragraph 11, above, subject only to the limitations set forth in
this Settlement and StipUlation Agreement and other usual and
customary site related conpitions of development.
13. BOYNTOn BEACII agrees, within thirty days of the date of
,
this StipUlation, to rezone the Alhambra Square Parcels to permit
the development set forth in paragraph 11" above, subject only to
completion of all procedural requirements under Florida Statutes,
I
~
,
~
,~. .
Sec. 163,3184, the limitations set torth in this stipulAtion and
Settlement-Agreement, and other usual and customary site related
conditions of development ot general application in BOYNTON
BEACH.
14. To the extent that ordinances or resolutions are
required. to implement any of the tems of this Stipulation and
Settlement Agraement, BOYNTON BEACH agrees to prepnre and adopt
any and. all such ordinances and. resolutions necessary to
~
implement the terms of this Stipulation and. Settlement ~qreement.
4
15. simultaneous with the execution of this Settlement
StipUlation, MIUlOR and MICIAEL shall deliver to BOYNTON BEACH a
ful1 and complete release on behalf of itself, its officers,
directors, sharaholders, employees, agents, and representatives
~
as to any and all actions, suits, damages, Claims, which it or
they may have against BOYNTON BEACH or any of its officia1s,
employees, consultants, agen~s, elected. officials, or appointed
officials in connection with or related to any action or inaction
:;.
regarding ~e Applications and the ~lhambra Parcels. The general
releases shall be held in escrow by City Attorney, Raymond Rea,
until all actions necessary to effectuate this Stipulation and
Settlement Agrl!ement have been duly enacted and then shall be
delivered to BOYNTON BEACH.
16. MILNOR and MICHAEL shall further agree to defend. BOYNTON
BEACH at MILNOR and MICHAEL's expense, any suit or administrative
action pursuant to Chapter. 163, Florida statutes, initiated by
third parties arising out of any actions taken by BOYNTON SEACH
under the terms ot this hgreement.
17. MILNOR and MICIlAEL agree that BOYNTON BEACH's
"
Obligations under this StipUlation and Settlement Agreement shall
at all times be subj ect to Depart1llent at Community Affairs'
approval. MIIJtOR and MICHAEL further acknowledge that BOYNTON
BEACH shall not be responsible for any other Governmental
Agency1s action related to the development of the hlhambra Square
Parcels.
7
I ,
."
,.
--..
I
18. The parties shalJ.. forthwith inform the CO\.l.... Co that. a
settlement has boon reached and all proceedings in the suit shaJ..J..
:be abated until the terms of this stipulation and Settlement
Agreement are fully and completely effectuated. At such time,
the parties shall jointly seek an Order from the Court confirming
and ratifying this Stipulation and Settlement Agreement. The
Court shall at all times have and retain jurisdiction over this
cause and the porties to ensure that the terms and conditions
herein are adhered to by the parties.
RhYMOND PEA, ESQ.
City Attorney for the
CXTY OF BOYNTON BEACH,
a Florida municipal corp.
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33481
(407) 7:18-7405
Florida Bar No. 348880
BY:
~~~-
RAYMOND REA, ESQ.
r
r
DATED: ~ 3\,lq~-
pldq 06/pldq linN
,
LAW OFFICES OF nODERT A. EISDI
Attorneys for Plaintiff(s)
4700 Northwest Boca Raton Blvd.
suite 103
Boca Raton, Florida 33431
(407) 994-2090
Florida Bar No. 180136
BY:
~~
ROBERT A. EISEN, ESQUIRE
DATED:
&'C\n~'-I(,~J I) \~('Cb I
8
,
~
~
.
. . '. - 4-
,.
j'
(-'
55
25 feet'"
45 feet, not to exceed
four (4) stories .
*When abutting residential districts, side and/or
rear yard shall be thirty (30) feet.
Minimum rear yard
Maximum structure height
3. Off-street parking: As provided in Section ll-H
hereinafter.
K. PUD PLANNED UNIT DEVELOPMENT DISTRICTS. Chapter 2.5 of
the Land Development Regulations is hereby incorporated
by reference into these zoning regulations, and all
planned unit developments shall be consider~d zoning
districts on the official zoning map. Chapter 2.5, and
all planned unit developments approved in accordance with
Chapter 2.5, shall be subject to all applicable
provisions of these zoning regulations, except as
otherwise provided for in Chapter 2.5.
Section 6. commercial district regu1ations and use provisions.
A. C-l OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT. These
district regulations will provide appropriate space for
office and professional uses, located to provide ready
access to such services for all.
1. Uses permitted. Within any C-l office and
professional zoning district, no building, structure,
land or water, or any part thereof, shall be erected, -
altered or used, in whole or in part, except for one
(1) or more of the following specified uses (single-
family occupancy when incidental and necessary to
main use is permitted). Those uses, however, which
are listed in lA. below shall require conditional use
approval, and those uses which are indicated under
lB. below shall require an environmental review
permit, prio~ to the establishment of these uses:
a.
Churches and other places of worship and
attendant accessory uses. Day care centers,
primary and secondary schools, seminaries, and
colleges and universities shall not be construed
to be an accessory use to a place of worship,
however.
Financial institutions, including drive-through
facilities.
Funeral homes.
Funeral home with Crematorium.'"
Government facilities, including public community
centers, excluding uses which have extensive
storage or maintenance facilities, or storage or
maintenance as their principal nse.
Hospitals.
1
b.
c.
d.
e.
f.
f.
EXHIBIT
Adopted April ... l'U. orlHaenee 0"- 02
2-25
~. . ...
\
..
.'
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56
I
Medical and den~al offices and clinics.
Nursing and convalescent homes.
Pharmacies, medical and surgical supplies;
orthopedic, invalid and convalescent supplies;
eyeglasses and hearing aids.
Professional and business offices.
-veterinary offices and clinics, excluding outdoor
kennels, or keeping of animals for purposes other
than treatment, and excluding on-site disposal of
animals. .
Reserved.
Nursery schools, day care centers, and other
preschool facilities* (See Section 11.C.) .
Instruction or tutoring, with a gro~~ floor area
of less than two thousand (2,000) square feet,
limited to instruction for' office occupations, or
academic tutoring, and specifical~y excluding
art, recreational, trade, or industrial
instruction.
Instruction or tutoring, with a gross floor area
of two thousand (2,000) square feet or more,
limited to instruction for office occupations, or
academic tutoring, and specifically excluding
art, recreational, trade or industrial
instruction. *
Academic schools, regardless of floor area,
including primary and secondary schools,
seminaries, colleges, and universities.
Copying service. Print shops shall be allowed
subject to obtaining an environmental review
permit in accordance with Section 11.3.
Restaurants,* subject to the following
conditions:
(1) No restaurant is to be allowed in an office
building or complex of less than twenty-five
thousand (25,000) square feet.
(2) No restaurant shall occupy mere than five (5)
per cent of the total square footage of the
off~ce building or structure.
(3) No signage for the restaurant shall be placed
on any freestanding sign for the office
building or complex.
(4) Hours of operation shall be limited from 6:00
a.m. to 5:30 p.m.
(5) Seating shall be limited to forty (40) seats
or less.
Barber shops, beauty salons, manicurists, tailors
and dressmakers.*
Dental laboratories.*
o.
p.
q.
r.
s.
t.
lA. Conditional uses allowed. These uses specified above
in subsection 6.A.l. which are followed by an
asterisk (*) shall be deemed to be conditional uses,
Adopted April 4. 1"1, Ordinance 0'5-03
2-26
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IN THE CIRCUIT COURT OF THE 15lH
JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
MILNOR CORPORATION, a Florida
corporation; NORMAN J. MICHAEL
and ELISHKA E. MICHAEL, his wife,
CASE NO.: CL 89-6178 AN
CIVIL DIVISION
Plaintiff,
vs.
THE CITY OF BOYNTON BEACH,
a Florida Municipal corporation,
Defendant.
/
JOINT MOTION AND AGREED ORDER
The Plamtiffs, RSPB, LLC. a Florida lImited company, ("RSPB") and THE CITY OF
BOYNTON BEACH FLORIDA, a Florida Municipal corporation ("Boynton Beach") by and
through theIr undersigned attorneys, hereby jointly request consent from this Court to proceed
with zoning approvals and as grounds therefore state:
1. RSPB and Boynton Beach are parties to a certain Stipulation and Settlement
Agreement last dated October 31, 1989;
2. The Agreement was approved by the Court by Order on October 2, 1990.
3. The Court retained subject matter jurisdIction of this action.
4 The origmal Stipulation and Order specified a land designation and zomng
classification described in paragraph 11.b. of the Settlement Agreement.
5. RSPB desires to request from the City of Boynton Beach a certain modification to
the use limitations and other development conditions on the property described as Alhambra
Square ACLF. To that end, RSPB has made a request to the City Commission of the City of
Boynton Beach for reconsideration of the land use, zoning, and use limitations on the property.
Specifically, RSPB requests the zoning designation ofPUD;
6. The City Commission has expressed a willingness to allow RSPB to submit their
request for amendment through the City's Planning & Development Board which acts as an
~ j, ..
.
CASE NO.:CL 89-6178 AN
advisory Board to the City Commission on such matters, provided that the submission of the
request for amendment is not construed as either a violation of the Court Order referenced herein
nor a waiver on the part of the City to insist upon continuing enforcement of the Court Order.
7. The parties, by this Stipulation, request only that the City be given leave from the
Court Order to accept the request for amendment, conduct administrative review thereof, and
allow the CIty'S Planning & Development Board to review the request in a public setting.
JAMES A. CHEROF, ESQ.
City Attorney for the
CITY OF B0YN1:0N BEACH
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
(561) 375-6050
Florida Bar N .
l\1URPHY, REID, PILOTTE, ORD
and AUSTIN, P.A.Attorney for Plaintiff(s)
340 Royal Palm Way, Suite 100
Suite 100
Palm Beach, Frida
,
(561) 658- 60
Florida ar No.361
AGREED ORDER
The Court having considered the Joint Motion of the parties set forth above and being
otherwise duly advised in the premises, it IS hereby Ordered and Adjudged that:
1. The City of Boynton Beach is granted leave to accept Plaintiffs application for
amendment to the land use, zoning and use restnctions imposed by this Court's Order of
October 2, 1990.
2. If, upon completion of review of Plaintiffs application for amendment, the
Plaintiffhas obtained a favorable recommendation from the Planning & Development Board, the
parties may jointly petition the Court for modificatIOns to the Agreement.
3. This Joint Motion and Agreed Order does not obligate the City of Boynton Beach
to enact land use amendments, zoning changes, or use amendments inconsistent with those set
forth in this Court's October 20, 1990 Order. The sole purpose and intent of this Joint Motion
and Agreed Order is to allow the City of Boynton Beach to more fully consider the amendments
2
~ ;,
,
l
CASE NO.:CL 89-6178 AN
being requested by the Plaintiffs.
DONE and ORDERED at West Palm Beach, Palm Beach County, Florida this
day of ,2002. SIGNED AND DATED
OCT 1),.7 2002
Stephen A. Rapp
Circuit Judge
Circuit Court Judge
Copies to'
James Cherof, Esq" Goren, etc., 3099 E. CWl1l1ercial Blvd" Ste. 200, Ft. Lauderdale, FL 33308
Keith C. Austm;Jr., Et;th Mmphy, Reid,PilcUe, Ord & A\lstiP..., F ,A.; 340;Royal Palm Way, Suite 100, Palln Beach,
FL 33408 ,
3
~f, Michael
From:
Sent:
To:
Cc:
Subject:
Ferrara, Lynn (Iferrara@cityatty com]
Thursday, November 07,2002319 PM
'delraylaw@bellsouth.net'
Rumpf, Michael, Bressner, Kurt
Golfview Harbor - Attention Michael Weiner
Confirming our telephone conversation, staff will not prejudge your client's
application for amendment to the land use zoning and use restrictions
imposed by the Court's Order of October 2, 1990 The City will review the
application in its totality Issue regarding density or the number of units
to be built will be evaluated as part of the review process The City is
ready to proceed in accordance with the Joint Motion and Agreed Order (Order
dated October 7, 2002).
James A Cherof
City Attorney
Lynn M Ferrara
Legal Assistant
Goren, Cherof, Doody & Ezrol, P A
This e-mail and any files transmitted with it are confidential and intended
solely for the individual or entity to whom they are addressed If you have
received this e-mail in error, please notify the sender by return e-mail
Thank you
1
~ A \ q ~o-.~h--ot
Tow~\-)ouses ,~
PRE-APPLICATION CONTACT QUESTIONS
ApplIcant's Name: LA- N r) 7) F S ,'8 Ai .so U 11-1 Phone
. / (CiNDV)
~; 0 0 P. M .
,ill'
Time and Date ofMeetmg WEr) OCT- 1, rOO;J...
Those attendmg meetmg' '
V ic/(. J/-u 'PSoAI. Ef?,Jc ~HNS8N
i-. u St'A 6At..fh/' ;n, k!~ (/ tvtff /
~
'f7t-6~())
1.
HAVE YOU SPOKEN TO A1'N STAFF MEMBER ABOUT THE PROJECT?
Yes No ~
(IF YES, HAVE THOSE STAFF MEMBERS BEEN SCHEDULED FOR THE PRE-
APPLICATION MEETING?
STAFF MEMBERS NANIE:
2.
3.
WHAT ~OULD YOU LIKE TODO?
v NEW PROJECT
BUILDING EXPANSION OR MODIFICATION
CHANGE IN PRIOR USE?
IS THE STRUCTURE CURRENTLY VACANT?
VARIANCE TYPE:
POOL OR SCREEN ENCLOSURE
CO.M:MERCIAL PROPERTY?
RESIDENTIAL PROPERTY?
ll{DUSTRlALPROPERTY?
DO YOU KNOW THE ZONING CODE DESIGNATION?
c.,
4. TIMEANDDATEPREFERRED /011
5. HOirV MA1'N PEOPLE WILL BE AT THE PRE-APP MEETING? l
Note: Tell the person that someone from the Department will call them to confirm the meeting.
..................................................................................
. Pre-apphcanon meetings should be scheduled for a minimum of one (1) hour tune module, and should be scheduled
no less than two (2) days pnor to date/tIme of meeting, If urgency is sensed, discuss with Mike or LUSla.
. Meetine:s may be scheduled:
Monday afternoons
Tuesday all day
Wednesday all day
Thursday mornings
Note: Lusia is not available for Tuesday a.m, meetings,
and Mike is not available on Mondays between 11 30 a.m. and 2:30 p.m.
S \P I ann i ng\P lann ing\Pre-applicationcontactquestions.doc
#
PRE-APPLICATION MEETING LOG
! PROPOSED TYPE OF USE/OCCUPAl'iCY:
DATE SUBIVIITTAL RECEIVED: I DATE DE~lED:
COl\1J.vlENTS:
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-;2'
ATTENDING STAFF:
I ATTENDING AS APPLICAL'IT:
PHONE:
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, NA1Y1E OF APPLICANT/CONTACT:
: ADDRESS:
I PHONE:
I PROJECT ADDRESS:
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I F.L\.X:
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Density Calculation for RSPB
Property
Settlement Agreement = 248 "Units"
248 - 93 existing beds = 155 Beds
155 / 2.3 (Beds to Units Conversion)
= 67.39 or 67 units
4,.. S ~f?-F~
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PRE-APPLICATION MEETING
SIGN IN SHEET
PLEASE PRINT
lYIEETING DATE:
TIME:
ATTENDING FOR APPLICA.L~T:
NOTICE: The purpose of this conference shall be for the staff and applicant to discuss overall
community goals, objectives, policies and codes ass related to the proposed development and to
discuss site plan review procedures. Opinions express at the pre-application conference are not
binding for formal review purposes. Additional staff comments may be forth coming based on actual
lans submitted for review.
City of Boynton Beach Attending for Applicant
Attending Staff
~\""
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J'\SHRDA T A\PLA.."I/NL" G\SHARED\ WP\FOR.\IS\PRE-APPL 4\IEETf.',G-SIG:'t' C'i SHEET.DOC
Duncan, Arlette
Subject:
Location:
Centex Property - South Side of Golf Road, east of Congress
P&Z Conference Room
Start:
End:
Wed 10/9/20022'00 PM
Wed 10/9/20023'00 PM
Recurrence:
(none)
Meeting Status:
Meeting organizer
Required Attendees:
Hudson, Dick (Orran); Johnson, Eric; Galav, Lusia, Rumpf, Michael
Land Design South - (Cindy) 478-8501 requested this pre-app meeting
1
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
o
')
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: delraylaw@bellsouth.net
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
OF COUNSEL.
ROBERT MARC SCHWARTZ, P.A.
Florida Bar Board Certified
Real Estate Lawyer
October 30, 2002
Via Overnight Mail
James Cherof, Esquire
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
Re: Alhambra Square South; Golfview
Our File No.: CENT003
Dear Jim:
Enclosed are the following:
1. A copy of my letter dated October 14, 2002;
2. A copy of the Stipulation and Settlement Agreement in the case of Milnor
Corporation. et at vs. The City of Boynton Beach, Case No. CL 89-6178-AN;
and
3. A copy of the Joint Motion and Agreed Order in that same case.
It is important for my clients to be able to proceed on a particular schedule since this
property is subject to a contract with time deadlines. Accordingly, we appreciate enlisting
your help in making certain that the appropriate procedures are followed.
Therefore, we need your assistance on the following matters:
1. Would you please contact Mr. Michael Rumpf and discuss with him our
calculations for the sixty-seven (67) units. Mr. Rumpf would like to have the
opinion of the City Attorney with respect to these calculations and that we
may proceed based upon a density of sixty-seven (67) units. We believe this
is correct, but the Planning and Zoning Department is asking for confirmation
from you.
James Cherof, Esquire
October 30, 2002
Page 2
2. You will note that the original Order had certain conditions attached to
development. Some of those conditions do not apply to a residential
development and should be changed. For example, no wall on the southern
boundary should be required. This is the boundary with the canal.
3. Since the Court has retained jurisdiction to look at the final applications as
approved by the City of Boynton Beach, we would like to discuss with you a
joint petition after favorable approvals to modify the Court Order to eliminate
these inconsistent conditions.
As I have said, time is of the essence. I know you understand the urgency of this
matter for g,private developer and I appreciate the efforts that you are making for us.
/
,/
very. : yo!, ~\
~;" \\
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. .,~ ' \\
./ Mid\ael S. ein. ~
MSW:vf
Enclosures
cc: Mr. Kevin Borkenhagen (wienclosures)
Mr. Michael Rumpf (wienclosures)
G:\CENT003\Letter Cherof.Oct30.wpd
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WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Aorida 33444
i.
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Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: delraylaw@beflsouth.net
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
OF COUNSEL:
ROBERT MARC SCHWARTZ, P .A.
Ronda Bar Board Certified
Real Estate Lawyer
October 14, 2002
James Cherof, Esquire
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
Re: Golfview Harbour
Our File No.: CENT003
Dear Jim:
In advance of our meeting, I would like to discuss with you the Stipulation and
Settlement in Milnor Corporation v. The City of Boynton Beach. As you know, there is a
Joint Motion And Agreed Order. A copy is enclosed. It presumes that an application shall
first be made to the City of Boynton Beach.
We believe that application would allow for sixty-seven (67) units to be built on the
property based upon a conversion of the unused "beds" to residential "units." Enclosed is
a copy of the calculations. These calculations have been done in concert with the staff at
the City of Boynton Beach's Planing and Zoning Department.
As the Agreed Order states, the application to the City should not be inconsistent with
those matters set forth in the Court's Order of October 20, 1990. We do not believe that this
request is inconsistent. We also do not believe that this request is inconsistent with the
present Land Development Regulations of the City of Boynton Beach, Florida.
The Planning and Zoning staff has asked me to bring these matters to your attention
so that they may receive comfort from you with respect to receiving this application and
processing it.
Would you please telephone me so we can discuss these issues and I would hope we
could be prepared to finalize any matters in our meeting on October 18, 2002.
;
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James Cherof, Esquire
October 14, 2002
Page 2
ank you in a vance for your assistance.
cc: Mr. Kevin Borkenhagen (w/enc1osures)
Mr. Michael Rumpf (w/enc1osures)
G: \CENT003\Letter Cherof.Oct14.wpd
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IN THE CIRCUIT counT OF THE
15TH JUDICIAL CIRCUI~ IN AND
FOR PALM BEACH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO: CL 89-E178-AN
MIUIOR CORPORATION, a Florida
corporation: NOIlMAN J. MICHAEl.
anc1 ELISJlKh E. MICHAEL, his wife,
Plaintiff ,
vs.
THE CITY OF BOYNTON BEACH, a Florida
Municipal corpor.ation,
Defendant.
I
~~IPULATION ~NO SETTL~MENT AGREEMENT
MIIJIOR CORI'ORATION, a Florida corporation ("MILNOR"), NOmwr
J. MICHAEL and ELISHK4'\ E. MICHAEL; hiS; wife (IIMICltAEL"); and the
CITY OF BOYNTON BEACH, a Florida M:1nicipal Corporation ("BOYllTON.
BEAClI"), by and through their undersigned attorneys hereb)
stipulate and agree as follows:
1. MILNOR owns that certain parcel of real property located
within the municipal limits of BOYNTON BEACH and being ~ site of
approximately 4.01 acres situated at the northeast intersection
ot Congress Avenue and Golf Road (Southwest 2Jrd Avenue), which
rea.l property is more particulnrly described in the Exhibit "A"
a ttached hereto and made a pax:t hereof, and which real property
shall hereinafter be referred to as "AlhaJllbra Square North."
r
2. MICHAEL owns that certain parcol of real property
lccatmd with!n the municipl\l limits of DOYNTON DEAcn and being a
site of approximately 9.45 acres situated at the southeast
intersection of Congress Avenue and Golf noad (Southwest 2Jrd
hvenua). This real property shall be referred to as t-wo parcels,
the first pl1rcal being an approximnte 4.45 acre parcel situated
,
closest to the intersection of Congress hvenue and Golf Road
(Southwest 2Jrd hvenue), and more particularly described in the
1
EXHIBIT
J
A
.t
Exhibit "5" attnc:hed hereto and made a part hereot, Imd. which
real p;operty shall hereinafter be referred to as "Alhambra
Square South." The second parcel, being immed.iately adjacent to
and east of Alhambra Square North and consisting of approximately
5.0 aC1:les, and 1'I10re particularly described in the Exhibit lie"
attached hareto and JIlude a part hereof, and which real property
shall h.reinaftor be referred to as the "Alhambra Square ACLT."
J. The. Alhambra Square North, Alhambra Square South, and
,
the Alhambra Square ACLF p~rcels of real property shall
hereinatter be sometimes collectively refarred to as the
"Alhumbta Parcels."
4. The Alhambra Parcels are presently subject to the
fOllowing Comprehensive Plan and Zoning designations by BOYNTON
BEACU:
Future Land
Pi'lrcels Use Element. Zonina
Alhambr* Sq\lare north Moderate density R-l.AA(PUD)
residential
Alhambra Square South Low density R-1J\A (single
rasidential family residential)
Alhambra Square ACLF Low density R-1AA (single
residential family residential)
5. On or nbout September JO, 198B, MILMOn for the Alhambra
North and MIClI1\EL for the. Alhambra South and Alhambra ACLF
parcels submitted applications (the "Applications") to BOYNTON
BEACH .tor amendments to the futur.e land usa element of the.
Compreh~nsive Plan, and tor rezoning of the Alhambra Parcels, as
followst
Future Land Intended
Pl!lrcel~ ~lement Reouest Rezonina Reauest un
Alhambra Square Office Commercial C-l (Office Office/
North Professional) Medical
Alhambra Squa.re Office Commercia.l C-l (OfUce Office/
South Profess'iona.l) 'Medical/
Bankinc;
Alhambra Squaro Multi-family R-J (Multi- Adult
ACLF residantial family) Congreqate
Living'
Facility
2.
commission. on October J f 1989, the City commissicn heard and
considered public input and postponed consideration of this
Stipulation and Settlement Agreement until its regular meeting of
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October 17, 1989.
since! that time, M:ILNOn and M:ICH.AE:L have
modified their requested land use changes to those set. forth in
paragraph 11, below.
10. On october 17, 1989, at its regular City Commission
meeting, the city c01lUllission ot BOYNTON BEACH considered the
terms and conditions of this Stipulation and setUement
Agreement, the further input from MILNOR and MICIAEL, the further
public input, and by a motion duly made, the city commission, by
a vote of four in favor, none opposed (council-person Arline
Weiner absent), approved the terms and conditions of this
Stipulation and Settlement Agreement and authorized and directed
the City Attorney to execute this Stipulation and Settlement
Agreement.
11. The Future Land Use Element 'and Zoninq of the Alhambra
Parcels shall be:
.
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Parcel
Future Land
Use Element
Office Commercial
Alhambra Square South
and Alhambra Square ACLF
Multi-Family
Residential
Zenina
C-l (Office
PrOfessional)
R-3 (MUlti-Family)
ACLF with no less
than 248 units
Alhambra Square North
In connection with the development of the Alhambra Parcels, and
as an inducement to BOYNTON ,BEACH to enter into this stipulation
and Settlement Aqreement, H~LNOR and M:ICHAEL agree to the
fallowing developmental limitations" which developmental
limitations snall apply regardless of ownership ot the Alhaml:lra
Parcels:
A. Alhambra Sauare North:
(1) Building Heiqht not to exceed two stories:
(2) All dumpsters to be located away from adjacent
residential ara8S;
(J) Construction of the six-foot zoning boundary
wall shall be coordinated with the governing association ot the
4
I.
6. The hppl icat.ians wera considered by the Planninq and
zoninq Board of nOYNTON BEACH at a duly constituted ami duly
noticed pUblic hp.l\rinq on December lS, 1988, at: which time the
rlo.nninq nnd Zoninq n'oard recommended denial of the Applico.tions
to the city cOm1llinsion.
7. On January 4, 1989, at a duly constituted and a duly
noticed Special Moeting of the city Commission of BOYNTON BEACII,
the City commission of BOYN'I'ON BEAClI beart! and. considered. the
, ,
Applications and by motion declined to submit the Applications
.
for review by the state of Florida Department ot Community
Affairs and the Treasure Coast Regional Planninq Agency.
8. On or about June 20, 1989, MILNOR and M:IClIAEL tiled the
,
instant action seeking to invalidate the current Comprehensive
\
Plan desiqnationc and zoning classitications of the Alhambra
Parcels, seekinq to require BOYNTON BEACH to qrant the
Applications and seeking damages.
9. On September 14, 1989, Robert A. Eisen, Esquire,
attorney for HILNOR and HICII1l.EL,' delivered to Raymond Rea,'
Esquire, City Attorney for BOYNTON BEACH, a letter offering a
settloment of tho instant: action wherein BOYNTON BEACH would
grant
the
Comprehensive
Plan
designations
and
zoninq
classifications requested in the Applications and MICHAEL and
MILNOR would relnase BOYNTON BEACIl from any and all claims for
damage. At its regular meeting of September 19, 1989, the City
Commission considered the request for settlement, and by a vote,
,
three votes in filvor, two opposed, diractf3d the City Attorney,
Raymond Rea, to negotiate the terms o~ a stipUlation and
Settlement Aqrecment with the representatives of MILNOR and
HICUAEL and 'prascmt that Stipulation and Settlement Aqreement for
npproval by the City Commission at its meeting of October J,
1989.
The City Attorney was further directed to give public
notice of the cnnsideration of the Stipulation and Settlement
Agreement and th01t the consideration of the Stipullltion and
Settlement Agreement should be a public hoaring so that input
from tho public could be taken and consiclered by the City
:3
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adjacent residential property and the existinq buffer hedge shall
~a removed and replaced with sod and landscaping to the
specifications of ~he governing association and at no cost' to the
governing association:
(4) Parking lot lighting shall be shaded so as not
to shine directly into residential areas, and parkinq lot
liqhting shall not be illuminated after l~:OO P.M.;
b. Alhambr~ Sauare South and ~lhambra Scuare ACLF:
,
(1) Buildinq Height not to exceed two stories;
(2) Roof pitch not to be steeper than 4/12;
p) All dumpsters to be located away from adjacent
residential areas, and at least one hundred feet from the south
"
...
property line of the Alhambra Square South and Alhambra Squ~re
ACLF Parcels:
(4) parkinq lot lighting shall be shaded and
shielded so as not to shine directly into adj acent residential
areas; parking lot lighting shall not be illuminated after 11:00
P.M.; parking lot lighting poles shall be at the minimum height
permitted or allowable by BOYNTON BEACH;
(5) Use ot the property shall be limited to an
Adult conqreqate Living Facility:
(6) A combination of landscaping and wall (the
"Wall") shall be constructed on the south property of the
Alhambra Square South and Alhambra Square ACLF parcels. The plan
and design of the Wall shall be coordinated with and approved by
the governing ~ssociations of. the adjacent rasidential property.
1\pprovl11 of the Wall shall not be unrea~onably withheld by the
90verning assoroiations. The Wall shall be constructed at no cos~
or expense to the governinq associations:
(7) At such time as building plans are presented to
BOYNTON E1E1I.Cn for permit, copies of the Wall plan and site plan
shall be submitted to the governing associations;
,
(0) No parking spaces Or improvements except
Inndscapinq shall be constructed or installed in the Lake Worth
,.,
,
Drainage District ~iqht-of-vnv south of the ^lhambra Square South
and A1hambra Square ACLF Parcels: and
\~, Deceleration entry' lanes shall be pr~vided at
el1ch ,e!ntrl:lnce if deemed nBcessary by BOYNTON BUCIl.
The foregoing developmental limitations shall be set forth 1n a
Declaration o:f Covenants and Restrictions (the "DeClaration"),
which shal1 provide that they cannot be modified without the
consent of BOYUTON BEACH, and the Declaration shall be rec,orded
among the public records of Palm Beacb County, Florida,. shall run
with the land, and shall be binding upon the successors and
"assigns of MILNOR and MICJ~EL. The Declaration shal1 be prepared
and distributed to the governinq associations by November 1,
1989.
A recordable Declaration signed by M:II..NOR and. MICHAEL
(
.
shall be delivered to the City Attorney prior to the first public
hearing on tha rezoninq and Comprehensive Plan amendments
described in pa~agraphs 12 and 1J, below. The Declaration shall
be recerded by the City Attorney where all actions necessary to
effectuate' this StipUlation and Settlement Aqreement have been
duly enl:lcted by BOYNTON BEACH.
The Declaration is for the
benefit at the followinq governinq associations of the adjacent
residential arens:
Ca, Boynton Leisureville Community Association, Inc. as
to the Alhambrn No~th Parcel: and
(b) Golfview Harbour and Colfviev Harbour Estates as to
thQ Alhambra South and Alhambra ACLF Parcels.
12. BOY1lTON BEAcn aqrees to sup'Plement or amend its
ComprehansivQ Plan by December 31, 19S9, to permit use and
development of the Alhambra Square Parcels as set forth in
PQraqraph 11, above, subject only to the limitations set forth in
this Settlement and stipulation Agreement and other usual and.
customary site related conpitions of development.
13. BOYNTOn BEAcn agrees, within thirty days of tJle date of
,
Ulis Stipulation, to rezone the Alhambra Square Parcels to permit
the development set forth in paragraph 11, above, subject only to
completion of all procedural requirements under Florida Statutes,
"
,
~
,
Sec. 163,3184, the limitations set forth 1n this Stipulation and
Settlement. Agreement, and other usual and customary site related
conditions of development at qaneral application in BOYNTON
BEACH.
14. To the extent that ordinances or resolutions are
required to iJIlplement any at the terms of this StipUlation and
Sett~emant Aqraement, BOYNTON BEACH agrees to prep~re and adopt
any and all such ordinances and resolutions necessary to
~
implement the terms of this Stipulation and Settlement ~qreement.
4
15. simultaneous with the execution of this Settlement
StipUlation, MIL..'iOR and HICIlAEL shall deliver to BOYNTON BEACH a
full. and COrl1plete release on behalf of itself, its officers,
:;.
~
directors, shareholders, employees, aqents, and representatives
\
as to any and all actions, suits, damages, clairl1s, which it or
they may have against BOYNTON BEACH or any of its officials,
employees, consultants, agen~s, elected ofticials, or appointed
officials in connection with or related to any action or inaction
regarding ~he Applications and the Alhambra Parcels. The general
releases shall be held in escrow by City Attorney, Raymond Rea,
until all actions necessary to effectuate this Stipulation and
Settl.ement A9rasrI1ent have been duly enacted and then shall be
delivered to BOYNTON BEACH.
16. MILNOR and MICHAEL shall further agree to defend BOYNTON
BEACH at MILNOR and M:ICHAEL's expense, any suit or administrative
action pursuant to Chapter, 16J, Florida statutes, initiated by
third parties arising out of any actions taken by BOYNTON BEACH
under the terms of this Aqreement.
17~ MILNOR and MICU~EL aqree that nOYNTON BEACH'S,
Obligations under this Stipulation and Settlement Aqreement shall
at all times be subj ect to Department of Community Affairs'
approval. MIIJIOR and MICHAEL further acknowledqe that BOYNTON
BEACH shall not be responsible for any other Governmental
Agency's action related to the development of the Alhambra Square
Parcels.
7
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18. The parties shall fcrthwith inform the CO""... Co that. a
settlement has been reached and all proceedinqs in the suit shall
be abated until t.he terms of this Stipulation and Settlement
Aqreement are fully and completely ef.fectuated. At such time,
the parties shall jointly seek an Order from the Court confirming
and ratifying this Stipulation and Settlement Agreement. The
Court shall at all times have and retain jurisdiction over this
cause and the porties to ensure that the terms and. conditions
herein are adhered to by the parties.
R~YMOND PE^, ESQ.
City Attorney for the
C:ITY OF BOYNTON BEACH,
a Florida municipal corp.
100 E. Boynton Beach Blvd.
Boynton Beach, FL 3~481
(407) 738-7405
Florida Bar No. 348880
BY:
~~~-
RAYMOND REA, ESQ.
r:
C"
DATED: ~ 3\ ll~~-
pldg 06/pldq l/RN
,
LAW OFFICES OF ROBERT 1\. EISEU
Attorneys for Plaintiff(S)
4700 Northwest Boca Raton alvd.
suite 10~
Boca Raton, Florida 334~1
(407) 994-2090
Florida Bar No. 180136
BY:
~~
ROBERT A. EISEN, ESQUIRE
DATED:
~)C.~~'\.l{,I\-J I) \~rCO i
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55
25 feet*
45 feet, not to exceed
four (4) stories .
*When abutting residential districts, side and/or
rear yard shall be thirty (30) feet.
Minimum rear yard
Maximum structure height
3. Off-street parking: As provided in Section 11-H
hereinafter.
K. PUD PLANNED UNIT DEVELOPMENT DISTRICTS. Chapter 2.5 of
the Land Development Regulations is hereby incorporated
by reference into these zoning regulations, and all
planned unit developments shall be consider~d zoning
districts on the official zoning map. Chapter 2.5, and
all planned unit developments approved in accordance with
Chapter 2.5, shall be subject to all applicable
provisions of these zoning regulations, except as
otherwise provided for in Chapter 2.5.
Section 6. Commercial district regulations and use provisions.
A. C-l OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT. These
district regulations will provide appropriate space for
office and professional uses, located to provide ready
access to such services for all.
1. Uses permitted. Within any C-1 office and
professional zoning district, no building, structure,
land or water, or any part thereof, shall be erected, -
altered or used, in whole or in part, except for one
(1) or more of the following specified uses (single-
family occupancy when incidental and necessary to
main use is permitted). Those uses, however, which
are listed in ~. below shall require conditional use
approval, and those uses which are indicated under
lB. below ~hall require an environmental review
permit, prio~ to the establishment of these uses:
A4opt8d April 4. 1"5. ordla8nc8 0"-02
a.
Churches and other places of worship and
attendant accessory uses. Day care centers,
primary and secondary schools, seminaries, and
colleges and universities shall not be construed
to be an accessory use to a place of worship,
however.
Financial institutions, including drive-through
facilities.
Funeral homes.
Funeral home with Crematorium.*
Government facilities, including public community
centers, excluding uses which have extensive
storage or maintenance facilities, or storage or
maintenance as their principal use.
Hospitals.
J
b.
c.
d.
e.
f.
f,
EXHIBIT
2-25
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Medical and den~al offices and clinics.
Nursing and convalescent homes.
Pharmacies, medical and surgical supplies;
orthopedic, invalid and convalescent supplies;
eyeglasses and hearing aids.
Professional and business offices.
-veterinary offices and clinics, excluding outdoor
kennels, or keeping of animals for purposes other
than treatment, and excluding on-site disposal of
animals. .
Reserved.
Nursery schools, day care centers, and other
preschool facilities* (See Section 11.C.) .
Instruction or tutoring, with a gro~R floor area
of less than two thousand (2,000) square feet,
limited to instruction for- office occupations, or
academic tutoring, and specifical~y excluding
art, recreational, trade, or industrial
instruction.
Instruction or tutoring, with a gross floor area
of two thousand (2,000) square feet or more,
limited to instruction for office occupations, or
academic tutoring, and specifically excluding
art, recreational, trade or industrial
instruction. *
Academic schools, regardless of floor area,
including primary and secondary schools,
seminaries, colleges, and universities.
Copying service. Print shops shall be allowed
subject to obtaining an environmental review
permit in accordance with Section 11.3.
Restaurants,* subject to the following
conditions:
(1) No restaurant is to be allowed in an office
building or complex of less than twenty-five
thousand (25,OOO) square feet.
(2) No restaurant shall occupy more than five (5)
per cent of the total square footage of the
off~ce building or structure.
(3) No signage for the restaurant shall be placed
on any freestanding sign for the office
building or complex.
(4) Hours of operation shall be limited from 6:00
a.m. to 5:30 p.m.
(5) Seating shall be limited to forty (40) seats
or less.
Barber shops, beauty salons, manicurists, tailors
and dressmakers.*
Dental laboratories.*
o.
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~. Conditional uses allowed. These uses specified above
in subsection 6.A.l. which are followed by an
asterisk (*) shall be deemed to be conditional uses,
Adopt.d Ap~il 4, 1"5, O~din.ac. 0'1.03
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Policy 1.16.3
The ~ity shall continue to enforce the land development regulations to enforce
and ~l~ent the policies which regulate the use and intensity, and other
charaCtenstics for the development. of specific areas, as set forth in the Land
Use Problems and Opportunities section of the support documents for this
element. Those recoD1IIlendatlons contained in the Land Use Problems and
Opportunities section Shall apply, regardless of the status of the City's
development regulations, and are hereby incorporated by reference into the
Goals, Objectives, and Policies of this Plan.
8.c. PrQperty on Southeast Corner of Golf Road and ~pngress Ave.
~ this parcel occupies approximately 8.5 acreS and was formerly shown in
the Low Density Residential lanQ use category and R-1AA zoning district.
~s property is shown in the High Density Residential land u!!Je category,.
,,' on.the Future Land Use Map, in accordance with the Settlement and
Stipulation AgreemeIit between Milnor Corporation and th~ City (see
. " Appendix "0" to the Futur~ Land Use Element Support Documents). 'nlis
agreement specifies that the property is to be developed as an adult
congregate living facility (ACLF), and includes ~pecific conditions for
tJ1e use and development of the property. The land use, ~oning, and the
use and development of this property s.hall be in accordance with the
above-mentioned Settlement and Stipulation Agreement.
....
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO: CL 89-6178-AN
MILNOR CORPORATION, a Florida
corporation; NORMAN J. MICHAEL
and ELISHKA E. MICHAEL, his wife,
Plaintiff,
vs.
THE CITY OF BOYl/TON BEACH, a Florida
Municipal corpor.ation,
Defendant.
~
/
~-
STIPULATION AND SETTLEMENT AGREEMENT
MIllIOR CORPORATION, a Florida corporation ("MILNOR"), NORMAN
(
J. MICHAEL and ELISHKA E. MICHAEL, his wife ("MICHAEL"); and the
CITY OF BOYNTON BEACH, a Florida M~nicipal Corporation ("BOYNTON
BEACH"), by and through their undersigned attorneys hereby
stipulate and agree as follows:
1. MILNOR owns that certain parcel of real property located
within the municipal limits of BOYNTON BEACH and being a site of
approximately 4.01 acres situated at the northeast intersection
of Congress Avenue and Golf Road (Southwest 2Jrd Avenue), which
real property is more particularly described in the Exhibit "A"
attached hereto and made a part hereof, and which real property
shall hereinafter be referred to as "Alhambra Square North."
,
2. MICHAEL owns that certain parcel of real property
located within the municipal limits of BOYNTON BEACH and being a"
site of approximately 9.45 acres situated at the southeast
intersection of Congress Avenue and Golf Road (Southwest 2Jrd
Avenue). This real property shall be referred to as two parcels,
the first parcel being an approximate 4.45 acre parcel situated
closest to the intersection of Congress Avenue and Golf Road
(Southwest 2Jrd Avenue), and more particularly described in the
1
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,
Exhibit "B" attached hereto and made a part hereof,
and which
real property shall hereinafter be referred to as "Alhambra
Square South." The second parcel, being immediately adjacent to
and east of Alhambra Square North and consisting of approximately
5.0 acres, and more particularly described in the Exhibit "C"
attached hereto and made a part hereof, and which real property
shall hereinafter be referred to as the "Alhambra Square ACLF."
3. The Alhambra Square North, Alhambra Square South, and
the Alhambra Square ACLF parcels of real property shall
hereinafter be sometimes collectively referred to as the
"Alhambra Parcels."
4. The Alhambra Parcels are presently subject to the
following Comprehensive Plan and Zoning designations by BOYNTON
;;.
~
BEACH:
.
Future Land
Parcels Use Element Zonina
Alhambra Square North Moderate density R-lAA(PUD)
residential
Alhambra s,quare South Low density R-11\A (single
residential family residential)
Alhambra Square ACLF Low density R-1AA (single
residential family residential)
5. On or about September 30, 1988, MILNOR for the Alhambra
North and MICHAEL for the Alhambra South and Alhambra ACLF
parcels submitted applications (the "Applications") to BOYNTON
BEACH for amendments to the future land use element of the
Comprehensive Plan, and for rezoning of the Alhambra Parcels, as
follows:
Future Land Intended
Pa rcel s Element Reauest Rezonina Request yg
Alhambra Square Office Commercial C-I (Office Office/
North Professional) Medical
Alhambra Square Office Commercial C-l (Office Office/
South Professional) Medical/
Banking
Alhambra Square Multi-family R-J (Multi- Adult
ACLF residential family) Congregate
Living
Facility
2
,
6. The Applications were considered by the Planning and
zoning Board of BOYNTON BEACH at a duly const'ituted and duly
noticed public hearing on December 15, 1988, at which time the
planning and Zoning Board recommended denial of the Applications
to the City Commission.
7. On Janunry 4, 1989, at a duly constituted and a duly
noticed Special Meeting of the City Commission of BOYNTON BEACH,
the City Commission of BOYNTON BEACH heard and considered the
Applications and by motion declined to submit the Applications
for review by the state of Florida Department of Community
Affairs and the Treasure Coast Regional Planning Agency.
8. On or about June 20, 1989, MILNOR and MICr~EL filed the
",
...
instant action seeking to invalidate the current Comprehensive
..
Plan designations and zoning classifications of the Alhambra
Parcels,
seeking to require
BOYNTON BEACH to grant the
Applications and seeking damages.
9. On September 14, 1989, Robert A. Eisen, Esquire,
r
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attorney for MILNOR and MICHAEL," delivered to Raymond Rea,
Esquire" City Attorney for BOYNTON BEACH, a letter offering a
settlement of the instant action wherein BOYNTON BEACH would
grant
the
Comprehensive
Plan
designations
and
zoning
classifications requested in the Applications and MICHAEL and
MILNOR ....ould release BOYNTON BEACH from any and all claims for
damage. At its regular meeting of September 19, 1989, the City
Commission considered the request for settlement, and by a vote,
three votes in favor, two opposed, directed the City Attorney,
Raymond Rea, to negotiate the terms o~ a Stipulation and
Settlement Agreement with the representatives of MILNOR and
"
MICIrAEL and present that stipulation and Settlement Agreement for
approval by the City commission at its meeting of October J,
1989.
The City Attorney was further directed to give public
notice of the consideration of the Stipulation and Settlement
Agreement and that the considerntion of the stipulation and
Settlement Agreenent should be a public hearing so that input
from the public could be taken and considered by the City
J
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commission.
On October 3, 1989, the City Commission heard and
considered public input and postponed consideration of this
stipulation and Settlement Agreement until its regular meeting of
October 17, 1989.
since that time, MILNOR and MICHAEL have
modified their requested land use changes to those set forth in
paragraph 11, below.
10. On October 17, 1989, at its regular City Commission
meeting, the City Commission of BOYNTON BEACH considered the
terms and conditions of this Stipulation and settfement
Agreement, the further input from MILNOR and MICHAEL, the further
public input, and by a motion duly made, the City Commission, by
a vote of four in favor, none opposed (Council-person Arline
Weiner absent). approved the terms and conditions of this
stipulation and Settlement Agreement and authorized and directed
the City Attorney to execute this Stipulation and Settlement
Agreement.
11. The Future Land Use Element and Zoning of the Alhambra
Parcels shall be:
Parcel
Future Land
Use Element
Office Commercial
Zoninq
Alhambra Square North
C-1 (Office
Professional)
Alhambra Square South
and Alhambra Square ACLF
MUlti-Family
Residential
R-3 (MUlti-Family)
ACLF with no less
than 248 units
In connection with the development of the ^lhambra Parcels, and
as an inducement to BOYNTON BEACH to enter into this Stipulation
and Settlement Agreement, MILNOR and MICHAEL agree to the
following
developmental
limitations, , which
developmental
limitations shall apply regardless of ownership of the Alhambra
Parcels:
a. Alhambra Square North:
(1) Building Height not to exceed two stories;
(2) All dumpsters to be located away from adjacent
resid~ntial areas;
(J ) Construction of the six-foot zoning boundary
wall shall be coordinated with the governing association of the
4
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adjacent residential property and the existing buffer hedge shall
be removed and replaced with sod and landscaping to the
specifications of the governing association and at no cost to the
governing association;
(4) Parking lot lighting shall be shaded so as not
to shine dire8tly into residential areas, and parking lot
lighting shall not be illuminated after 11:00 P.M.;
b. Albambra Sauare South and Alhambra Sauare ACLF:
(1) Building Height not to exceed two stories;
(2) Roof pitch not to be steeper than 4/12;
(J) All dumpsters to be located away from adjacent
::.
residential areas, and at least one hundred feet from the south
property line of the Alhambra Square South and Alhambra Squ~re
ACLF Parcels;
(4) Parking lot lighting shall be shaded and
shielded so as not to shine directly into adjacent residential
areas; parking lot lighting shall not be illuminated after 11:00
P.M.: parking lot lighting poles shall be at the minimum height
permitted or allowable by BOYNTON BEACH;
(5) Use of the property shall be limited to an
Adult Congregate Living Facility;
(6) A combination of landscaping and wall (the
"Wall") shall be constructed on the south property of the
Alhambra Square South and Alhambra Square ACLF parcels. The plan
and design of the Wall shall be coordinated with and approved by
the governing associations of the adjacent residential property.
,
Approval of the Wall shall not be unreasonably withheld by the
governing associations. The Wall shall be constructed at no cos~
or expense to the governing associations;
(7) At such time as building plans are presented to
BOYNTON BE1\CH for permit, copies of the Wall plan and site plan
shall be submitted to the governing associations:
(8) No parking spaces or improvements except
landscaping shall be constructed or installed in the Lake Worth
5
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Drainage District right-of-way south of the Alhambra Square South
and Alhambra Square ACLF Parcels; and
(9) Deceleration entry lanes shall be provided at
each entrance if deemed necessary by BOYNTON BEACH.
The foregoing developmental limitations shall be set forth in a
Declaration of Covenants and Restrictions (the "Declaration"),
,
which shall provide that they cannot be modified without the
consent of BOYNTON BEACH, and the Declaration shall be rec,orded
among the public records of Palm Beach County, Florida, shall run
with the land, and shall be binding upon the successors and
assigns of MILN(\R and MICHAEL. The Declaration shall be prepared
and distributed to the governing associations by November 1,
1989.
A recordable Declaration signed by MILNOR and MICHAEL
shall be deliver.ed to the City Attorney prior to the first public
hearing on the rezoning and Comprehensive Plan amendments
described in paragraphs 12 and 13, below. The Declaration shall
be recorded by the City Attorney where all actions necessary to
(
..
effectuate this Stipulation and Settlement Agreement have been
duly enacted by BOYNTON BEACH.
The Declaration is for the
benefit of the following qoverning associations of the adjacent
residential areas:
(a) Boynton Leisureville Community Association, Inc. as
to the Alhambra North Parcel; and
(b) Golfview Harbour and Golfview Harbour Estates as to
the Alhambra South and Alhambra ACLF Parcels.
12. BOYNTON BEACH agrees to supplement or amend its
Comprehensive Plan by December 31,
,
1989,
to permi t use and
development of the Alhambra Square Parcels as set forth in
paragraph 11, above, subject only to the limitations set forth in
this Settlement and Stipulation Agreement and other usual and
customary site related conditions of development.
13. BOYNTON BEACH agrees, within thirty days of the date of
,
this Stipulation, to rezone the Alhambra Square Parcels to permit
the development set forth in paragraph 11, above, subject only to
completion of all procedural requirements under Florida Statutes,
6
~
Sec. 163,3184, the limitations set forth in this Stipulation and
Settlement Agreement, and other usual and customary site related
conditions of development of general application in BOYNTON
BEhCH.
14. To the extent that ordinances or resolutions are
required to implement any of the terms of this Stipulation and
Settlement Agreement, BOYNTON BEACH agrees to prepare and adopt
any a~d all such ordinances and resolutions necessary to
,
implement the terms of this Stipulation and Settlement Agreement.
15. Simultaneous with the execution of this Settlement
stipulation, MILNOR and MICHAEL shall deliver to BOYNTON BEACH a
full and complete release on behalf of itself, its officers,
directors, shareholders, employees, agents, and representatives
~
as to any and all actions, suits, damages, claims, which it_ or
they may have against BOYNTON BEACH or any of its officials,
employees, consultants, agents, elected officials, or appointed
officials in connection with or related to any action or inaction
regarding the Applications and the Alhambra Parcels. The general
releases shall be held in escrow by City Attorney, Raymond Rea,
until all actions necessary to effectuate this stipulation and
Settlement Agreement have been duly enacted and then shall be
delivered to BOYNTON BEACH.
16. MILNOR and MICHAEL shall further agree to defend BOYNTON
BEACH at MILNOR and MICHAEL's expense, any suit or administrative
action pursuant to Chapter 163, Florida Statutes, initiated by
third parties arising out of any actions taken by BOYNTON BEACH
under th_ terms of this Agreement.
17. MILNOR and MICHAEL agree that BOYNTON BEACH's
.........
obligations under this stipulation and Settlement Agreement shall
at all times be subject to Department of Community Affairs'
approval.
MILNOR and MICHAEL further acknowledge that BOYNTON
BEACH shall not be responsible for any other Governmental
Agency's action related to the development of the Alhambra Square
Parcels.
7
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18. The parties shall forthwith inform the Court that a
settlement has been reached and all proceedings in the suit shall
be abated until the terms of this stipulation and Settlement
Agreement are fully and completely effectuated. At such time,
the parties shall jointly seek an Order from the Court confirming
and ratifying this stipulation and Settlement Aqreement. The
Court shall at all times have and retain jurisdiction over this
cause and the parties to ensure that the terms and conditions
herein are adhered to by the parties.
RAYMOND pEA, ESQ.
city Attorney for the
CITY OF BOYNTON BEACH,
a Florida municipal corp.
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33481
(407) 738-7405
Florida Bar No. 348880
BY:~~
RAYM D REA, ESQ.
'-
,.
DATED: ~ 3l)\Cl.~
pldg 06/pldg l/RN
,
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LAW OFFICES OF ROBERT A. EISEN
Attorneys for Plaintiff(s)
4700 Northwest Boca Raton Blvd.
suite 103
Boca Raton, Florida 33431
(407) 994-2090
Florida Bar No. 180136
BY:
~~
ROBERT A. EISEN,
ESQUIRE
DATED:
&\C~~'\.~,,--J '7) f('b I
8
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p
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
MILNOR CORPORATION, a Florida
corporation; NORMAN J. MICHAEL
and ELISHKA E. MICHAEL, his wife,
CASE NO.: CL 89-6178 AN
CIVIL DIVISION
Plamtiff,
vs.
THE CITY OF BOYNTON BEACH,
a Florida MUnIcipal corporation,
Defendant.
/
JOINT MOTION AND AGREED ORDER
The Plaintiffs, RSPB, LLC, a Flonda lImited company, ("RSPB") and THE CITY OF
BOYNTON BEACH FLORIDA, a Flonda MUnIcipal corporation ("Boynton Beach") by and
through their undersigned attorneys, hereby jomtly request consent from this Court to proceed
with zoning approvals and as grounds therefore state:
1. RSPB and Boynton Beach are partIes to a certain StIpulation and Settlement
Agreement last dated October 31, 1989;
2, The Agreement was approved by the Court by Order on October 2, 1990.
3. The Court retamed subject matter junsdictIOn of this actIOn,
4. The ongina1 Stipulation and Order specified a land deSIgnatIOn and zonmg
classification described in paragraph l1.b, ofthe Settlement Agreement.
5. RSPB deSIres to request from the CIty of Boynton Beach a certain modification to
the use limitations and other development conditions on the property described as Alhambra
Square ACLF. To that end, RSPB has made a request to the City Commission of the City of
Boynton Beach for reconsideration of the land use, zoning, and use limitations on the property.
Specifically, RSPB requests the zoning deSIgnatIOn ofPUD;
6. The City Commission has expressed a willingness to allow RSPB to submit their
request for amendment through the City's Planning & Development Board which acts as an
...
,
CASE NO :CL 89-6178 AN
advIsory Board to the City CommIssion on such matters, provided that the submission of the
request for amendment is not construed as eIther a violatIon of the Court Order referenced herein
nor a waiver on the part of the City to insist upon contmuing enforcement of the Court Order,
7, The parties, by this StIpulation, request only that the City be given leave from the
Court Order to accept the request for amendment, conduct administrative review thereof, and
allow the City's Planning & Development Board to review the request in a public setting.
JAMES A. CHEROF, ESQ.
City Attorney for the
CITY OF BOYNTON BEACH
100 E. Boynton Beach Blvd,
Boynton Beach, Florida 33435
(561) 375-6050
Florida Bar N . 91846
I\fURPHY, REID, PILOTTE, ORD
and AUSTIN, P,A.Attorney for Plaintiff(s)
340 Royal Palm Way, Suite 100
Suite 100
Pahn Beach, F ,rida
(561) 658- 60.
Flonda ar No.361
DATED:
AGREED ORDER
The Court having considered the Joint MotIon ofthe partIes set forth above and being
otherwise duly advised m the premIses, It IS hereby Ordered and Adjudged that:
1, The City of Boynton Beach IS granted leave to accept Plaintiff s application for
amendment to the land use, zoning and use restrictions imposed by this Court's Order of
October 2, 1990.
2. If, upon completion of review of Plaintiff s application for amendment, the
Plamtiffhas obtained a favorable recommendatIon from the Planning & Development Board, the
parties may jomtly petItion the Court for modificatIOns to the Agreement.
3, This Joint Motion and Agreed Order does not obligate the City of Boynton Beach
to enact land use amendments, zoning changes, or use amendments inconsIstent with those set
forth m this Court's October 20, 1990 Order, The sole purpose and intent of this Joint MotIon
and Agreed Order is to allow the City of Boynton Beach to more fully consider the amendments
2
,
, ..
~
CASE NO,:CL 89-6178 AN
being requested by the Plaintiffs.
DONE and ORDERED at West Palm Beach, Palm Beach County, Florida this
day of ,2002. SIGNED AND DATED
OCT Q,.7 2002
Stephen A. Rapp
Circuit Judge
CircUIt Court Judge
Copies to'
James Cherof, Esq" Goren, etc" 3099 E, Counnercial Blvd" Ste. 200, Ft. Lauderdale, FL 33308
Keith C, Austll1.,Jr" Ef,q;, Murphy, Reid,PilcUe, Ord & Austin, P ,A,; 340 Royal Palm Way, Suite 100, Pah*1 Beach,
FL 33408
3
Coale, Sherie
From:
Sent:
To:
Subject:
Johnson, Eric
Thursday, January 16, 2003 5'00 PM
Coale, Sherie
RE Hampton Court2
thank you
-----Original Message-----
From: Coale, Sherie
Sent: Thursday, January 16, 2003 2,23 PM
To: Johnson, Eric
Cc: Galav, Lusia; Rumpf, Michael
Subject: RE. Hampton Court2
The mailing list included Golfview Harbors Homeowners Assn & I sent a notice via US mail to the President of BB
Leisureville yesterday Sherie
m--Original Message--m
From: Johnson, Eric
Sent: Thursday, January 16, 2003 11'26 AM
To: Coale, Sherie
Subject: FW Hampton Court2
Well that's better news. Maybe we should ask Dan DeCarlo?
m--Original Message-----
From: Galav, Lusia
Sent: Thursday, January 16, 2003 11.15 AM
To: Johnson, Eric
Subject: RE: Hampton Court
Keep in mind you are only notifying the Homeowners Association, not all the homeowners.
Lusia
-----Original Messagem--
From: Johnson, Eric
Sent: Thursday, January 16, 2003 10 53 AM
To: Coale, Sherie
Cc: Hudson, Dick (Orran); Galav, Lusia
Subject: FW. Hampton Court
Sherie,
Let's get together and discuss Mike's request. I suppose we can use the mailing list from Dick's land use
amendment application. Perhaps we can discuss this issue with Lusia too, as this will be the first time for
"informal" public notification for a site plan Thanks
-----Original Message--m
From: Rumpf, Michael
Sent: Tuesday, January 14, 2003 9'17 AM
To: Johnson, Eric; Coale, Sherie
Cc: Galav, Lusia
Subject: Hampton Court
Eric, please work with Sherie to see that the HOA reps are notified of this project per the new informal
notification requirements from the City Manager I would include the HOA for Boynton Beach Leisureville,
Golfview Harbor Estates and the Golfview Harbor Townhomes I would recommend first that you check the
rezoning property owner listing to see if they were included, if so, consider it done If not you should be able to
easily obtain them from Dan DeCarlo The same letter/notice to them if they have a local address should
suffice Thanks, MR.
1
Jan 21 03 06:16p
01'21/2003 10:43
Lan1 Desi~n South
561495 4
561 ;..78 5012
LAKE WORTH DRAIt _
p.2
PAGE 01/01
1."
Board of eUS:8rviao~
C, Stanley Weaver
Kermit Dell
John I. Whitworth III
Murray R, Kalish
C. David Goodlett
5ecc'9tlry1\.4oi1l"1~gcr
William G. Winters
A""t.tant MIlOager
Ronald L Crone
AllOl'll9y
Perry & Kern, P.A.
LAKE WORTH DRAINAGE DISTRICT
13081 MILITARY TRAIL
DELAAY BEACH, FLORIDA 33484
January 21, 2003
Brad Currie
Land Design South
Congress Business Center
1280 N, Congress Ave" Suite 215
West Palm Beach. Florida 33409
Re' Hampton Court Property (SE Quad of Congress Ave. & SW 23rd Ave.)
LDS File No, NWSP 02-023
LWDD Lateral No. 27 Canal (portion afTract 4. Galfview Harbour 3Td Sec, Plat
Book 30 Page 119)
LWDD Project No, 03-7027P.OI
Dear Mr. Currie:
This project is located on the North Side of the District's Lateral No. 27 Canal.
I have reviewed the proposed site plan dated 1/14/03 and it appears to be within the
guideline of the Lake Worth Drainage District Operating Policies.
Jerry A. David with the Engineering Department has reviewed the proposed
drainage plans dated 1/13/03 and they also appear to be within the guidelines of the Lake
Worth Drainage District Operating polices
If you have any questions or concerns please contact Jerry A. David or myself at
this office.
Sincerely,
LAKE WORTH DRAINAGE DISTRICT
/#~~
Lisa A Kraus
Right-of-Way Technician
.lak
Oelrey Beach 8. Boca Raton (S6l) 498-5363. Boynton Beach & West Palm Beach (561) 737-3835. Fax (561) 495.9694
Webslte: www,LWDD,nllt
Johnson, Eric
From:
Sent:
To:
Subject:
Hallahan, Kevin
Tuesday, January 21,2003343 PM
Johnson, Eric
RE. Hampton Court bird's nest
Eric,
When the Australian Pine tree is removed, then the Osprey will use any other on or off site tree that is tall enough to
hold the weight of the bird and a fish! (freshly caught) The applicant would not be able to preserve the Australian Pine
tree because that species of tree is required by City Code to be removed during the clearing and grubbing operation
If the tree in question was a native Slash Pine tree containing an Osprey nest, then the applicant would have to preserve
the tree in place and reconfigure the site If you have any additional questions, contact me Thanks Kevin
-----Original Message-----
From: Johnson, Eric
Sent: Tuesday, January 21, 2003 1 26 PM
To: Hallahan, Kevin
Cc: Rumpf, Michael
Subject: RE: Hampton Court bird's nest
You've determined that the Ospreys use another nearby tree Is the nearby tree on or off-site? What kind of tree is it?
In your opinion, do you think the applicant can preserve the tree and not jeopardize the proposed configuration of
buildings and pavement? These are questions that the Board and / or Commission may ask at the public meetings
Thanks Eric
-----Original Message-----
From: Hallahan, Kevin
Sent: Tuesday, January 21, 2003 8:56 AM
To: Johnson, Eric
Subject: RE: Hampton Court bird's nest
Eric,
The environmental assessment did mention that an Osprey bird was using the Australian Pine tree noted as a
feeding site when eating captured fish The Osprey is not an endangered bird species, and by our City Code of
Ordinances the Australian Pine trees must be removed from the site during the clearing and grubbing operation
The Osprey birds generally use another nearby tall tree as a feeding site Let me know if you have any additional
questions Thanks Kevin
-----Original Message-----
From: Johnson, Eric
Sent: Friday, January 17, 2003 3,37 PM
To: Hallahan, Kevin
Cc: Rumpf, Michael, Galav, Lusia
Subject: Hampton Court bird's nest
Kevin,
Mr Peter Reyland was in the office today to review the environmental assessment report and the revised site
plan for the Hampton Court project. Mr Reyland noted that an on-site Australian Pine contained a nest that
may be the home to an eagle or some other "important" bird I responded to him that you had visited the site
and determined that the wading birds occupied areas within the canal right-of-way and not within the
boundaries of the subject property Any comments or suggestions regarding the on-site Australian Pine tree
with the eagle's nest? Did the environmental assessment identify this tree? Thanks
EJ
1
....
Johnson, Eric
From:
Sent:
To:
Subject:
Hallahan, Kevin
Tuesday, January 21,2003856 AM
Johnson, Eric
RE. Hampton Court bird's nest
Eric,
The environmental assessment did mention that an Osprey bird was using the Australian Pine tree noted as a feeding site
when eating captured fish The Osprey is not an endangered bird species, and by our City Code of Ordinances the
Australian Pine trees must be removed from the site during the clearing and grubbing operation The Osprey birds
generally use another nearby tall tree as a feeding site Let me know if you have any additional questions Thanks
Kevin
-----Original Message-----
From: Johnson, Eric
Sent: Friday, January 17, 2003 3'37 PM
To: Hallahan, Kevin
Cc: Rumpf, Michael, Galav, Lusia
Subject: Hampton Court bird's nest
Kevin,
Mr Peter Reyland was in the office today to review the environmental assessment report and the revised site plan for
the Hampton Court project. Mr Reyland noted that an on-site Australian Pine contained a nest that may be the home
to an eagle or some other "important" bird I responded to him that you had visited the site and determined that the
wading birds occupied areas within the canal right-of-way and not within the boundaries of the subject property Any
comments or suggestions regarding the on-site Australian Pine tree with the eagle's nest? Did the environmental
assessment identify this tree? Thanks
EJ
1
LAN D , t~~~s~I~~~i~~chitecture
DES I G N Environmental Consultation
SO UTH 561-478-8501 FAX 561-478-5012 2101 Centrepork West Drive Suite 100 West Palm Beach, Florida 33409
January 14, 2003
LIsa Kraus
Lake Worth DraInage OISt.
13081 MilItary Trail
Oelray Beach, FL 33484-1105
RE: Hampton Court Property
F!le Number' NWSP 02-023
Dear Mrs, Kraus,
Thank-you for talkIng wIth me thIS mornIng regardIng the potentIal Lake Worth DraInage OIstnct
(L WOD) issues wIth t he above-referenced proJect. A s dIscussed, the property 1 s currently under
reVIew by the CIty of Boynton Beach for approval of a 66-umt resIdentIal proJect. We recently
receIved a comment from the CIty'S Forester/Environmentalist, KevIn Hallahan, requestIng that we
prOVIde an envIronmental assessment regardIng the proposed draInage outfall Into the L WDO Canal
Number 27. Attached to thIS letter IS a copy of the proposed sIte plan and prelImInary draInage plans
for the property As you can see, the proposed outfall will be located between bUIldIngs 5 and 6
Our office IS In the process of provIdIng the requested assessment to the CIty,
The purpose of thIS letter It to request L WOO provIde a letter statIng that as shown on these plans,
the proposed development IS consIstent WIth the standards and objectIves of the L WOO. Weare not
requestIng approval form L WOO, we are merely attemptIng to provIde written InfOrmatIon for the
City to understand that we are not askIng for anythIng out of the ordInary
If you have any questIons regardIng thIS letter, or the request, please contact our office We
appreciate you takIng the tIme to dISCUSS the proJect.
SIncerely,
LAND DESIGN SOUTH
Bf:!JLt;::
Semor Project Manager
JAN I 5 2003
cc Enc Johnson (Letter Only)
KeVIn Borkenhagen (Letter Only)
Enclosures
N'\AdminCM\Cindy\Lelters\Brad C\I Kraus Hampton Court LWDD Issues.doc
File # 389.57C
Page 1 of2
Johnson, Eric
From: Rumpf, Michael
Sent: Wednesday, January 08, 2003 9 31 PM
To: 'CRosello@aol com'
Cc: Johnson, Eric
Subject: RE Hampton Court
Mr Rosello,
Thank you for your input. Similar comments have been received from your neighbors and applicable comments
have been reviewed by staff and incorporated into our analysis Such issues include compliance or proper
modification of the settlement agreement, traffic and environmental characteristics Of course traffic is quantifiably
evaluated according to the Countywide Traffic Performance Standards Ordinance, based on anticipated trips,
existing background trips on the roadway and the capacity/shortage using the adopted level of service standard
With respect to the public involvement method used by your association, I can only mention that this is a private
matter; however, all comments from the public will be heard by the City Commission at the public hearing despite
the vote by the association
I am copying this message to the planner handling this review, Eric Johnson I encourage you to continue your
involvement in this process and let us know if you need further information
Sincerely,
Michael Rumpf
Planning & Zoning Director
-----Original Message-----
From: CRosello@aol.com [mailto:CRosello@aol.com]
Sent: Wednesday, January 08,20039:22 PM
To: Rumpf, Michael
Subject: (no subject)
Mr Mike Rumpf
Planning & Zoning Director
City of Boynton Beach
Dear Mr Rumpf"
I live at 1321 SW 25th Avenue in Golfview Harbour My property is on the south side of the L-27
Canal directly across the location where the pool and cabana of the proposed Hampton Court on
S W 23rd Street. I have lived in this area for less than two years and have truly enjoyed the
amenities offered by the City of Boynton
On August 7,2002, a meeting was held on 24 hour notice We were advised that a vote would be
taken by the home owners on the proposed development. Also on the agenda was information
about the opening of Cross Pointe Elementary School It was ironic that while one of the major
concerns about the school was the traffic and safety of the children, we would vote in allowing sixty-
six, three and four bedrooms townhouses with parking for 160+ cars to be built less than one half
mile from the school on S W 23rd Avenue, a road which is already heavily traveled and serves as
quick access for emergency vehicles traveling from Congress to Bethesda Hospital Nevertheless,
the vote was taken and passed 24 to 14 I estimate that only four or five of the affected contiguous
residents to the proposed development were present at this 24 hour notice meeting
In addition, we were advised at the meeting that the developer would apply for a water feature and
access to the canal I cannot foresee having sixty-six units with access to our canals and lakes I
enjoy watching the families and children who visit the north side of our canal for a day of fishing and
1/9/2003
Page 2 of2
..
relaxation I also enjoy watching ospreys, falons, ducks, herons and other wildlife from my backyard
Haven't we polluted our waters and destroyed wildlife habitat enough? Are we so greedy that we are
willing to build on every inch of space without consideration for the well being and safety of our
children?
I understand from neighbors who have lived in this location for many years, that the area is
approximately 4 0+ acres I also understand that an agreement exists with the owner and the City of
Boynton Beach which allowed for ACLF usage only The Centex proposal would certainly be a
violation of this agreement in addition to being a violation of PUD requirements by allowing 66
townhouses in 4 0+ acres
In the past two years, Cross Pointe Elementary, Freedom Shores Elementary, Odyssey Middle
School and Boynton Beach High School have been built within the City of Boynton Beach These
are all great additions to our city, however, some of these have already reached or exceeded their
student capacity With the recently passed class size restrictions and the current overcrowding of
these schools, we will soon experience overcrowded facilities and fields of portables in our schools
This is not necessarily a good selling point for the City of Boynton Beach
I am not so naive as to request that the 4 0+ acres would be purchased by the city and be made into
a small wildlife park for families to enjoy and children to learn about environmental preservation
That would be too radical and healthy for our "21 century" way of thinking, however, this would be
an ideal location for such a radical and innovative idea for a growing city to implement. But to allow
a developer to build 66 townhouses adjacent to a canal full of native wildlife, less than half a mile
from an elementary school, on a busy road used by emergency vehicles to and from a hospital, near
overcrowded schools is not only irrational but irresponsible
Please feel free to call me if you any questions or wish to discuss this letter My home number is
732-6759, work number is 434-3397
Sincerely,
Carlos Rosello
1/912003
LAND. Land Planning
Landscape Architecture
DES I G N Environmental Consultation
SOUTH 561-478-8501 FAX 561-478-5012 2101 Centrepark West Dnve Suite 100 West Palm Beach, Florida 33409
January 8, 2003
John Wildner
Parks & RecreatIOn Department
CIty of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Flonda 33435
.)AN - 9 2003
RE'.
.I. '.
Hampton Court Park & Recreation Impact Fees
Dear Mr. Wildner:
The purpose of this letter is to identIfy the umt make up for the Hampton Court property
currently under TRC review. As we dIscussed yesterday, the project contams both multi-
famIly umts and single famIly attached umts, The followmg table Identifies the unit mix
for the project:
- Umt Type Number ofUmts
Smgle Family Attached 24
MultI-Family 42
Total 66
Please reVIse comment number 72 in order to reflect the correct umt mIX, We will add a
note to the site data on the site plan to clearly identIfy that there are two separate types of
units. If you have any questions regardmg thIS project, please do not hesItate m
contacting our office.
Smcerely,
LAND DESIGN SOUTH
Brl:!!r L~
Semor Project Manager
cc' Kevin Borkenhagen
Enc Johnson
N'\AdminCM\Cindy\Letters\Brad C'J Wildner Hampton Court Parks & Rec Fees.doc
File #. 389.57C
,
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone, (561) 265-2666
Telecopier: (561) 272-6831
E-mail: delraylaw@bellsouth.net
MICHAEL 5. WEINER
CAROLE J. ARONSON
JASON 5. MANKOFF
OF COUNSEL.
ROBERT MARC SCHWARTZ, P.A.
Florida Bar Board Certified
Real Estate Lawyer
January 7, 2003
Via Hand-Delivery
Mr Michael W Rumpf, Chairman
Director of Planning & ZOning
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Re: Hampton Court
Our File No.: CENT004
10) ~ @ ~ n WI ~1~ I
W 1 ..wi - 1'IIXl3 k) i
L------1 J
----ru:.rmING ANn
ZONING Q(PT .
Dear Mike
This justification is in response to Comment No 82 of the 1 sl Review Comments for
Hampton Court dated December 16, 2002, This comment states that the High Density
Residential (HDR) underlYing land use allows for 108 dwelling units per acre, but the
proposed density is 14 dwelling Units per acre
The Comprehensive Plan justifies the approval of 66 units and is not inconsistent
with this development plan, To understand why 66 Units should be approved by the City
of Boynton Beach, it is important to understand the history of the property This property
was involved in litigation in which a settlement was reached in a Stipulation and Settlement
Agreement ("Agreement") dated October 31, 1989 This Agreement zoned the property R-3
(multi-family) ACLF with no less than 248 units, Since this property has been subject to
litigation, there are unique circumstances specific to this property which support the
approval of 66 Units
Policy 1 16,3 of the Future Land Use Element states that the City shall continue to
implement the recommendations as set forth in the Land Use Problems and Opportunities
section of the support documents for the Future Land Use Element. This policy indicates
that the recommendations contained in this section shall apply "regardless of the status of
the City's development regulations" Section 8 c of the Land Use Problems and
Opportunities section discusses the property on the southeast corner of Golf Road and
Congress Avenue and clearly states that the land use, zoning and the use and
development of the property shall be in accordance with the Agreement. Therefore, the
conversion of the remaining 155 units to 66 dwelling Units IS clearly supported by the
Mr Michael W Rumpf
January 7, 2003
Page 2
rnr;; .
'~
, -
Comprehensive Plan and support documents. A copy of Future Land Use Element Policy
1 16 3 and support document Section 8 c are attached
Since only 93 of the 248 "beds" were developed, 155 remaining "beds" converts to
66 dwelling units based on the previous Comprehensive Plan, EAR, Page 36 Housing
Chapter which states that "densities for group homes in PUD's should correspond to the
average number of persons per household for the City as a whole, which would be
equivalent to 2 3 beds times the number of dwellings allowed under the Future Land Use
Plan"
Accordingly, the application is consistent with the Comprehensive Plan for the City
of Boynton Beach
MSW:ab
O.\CENT004\Letter Rumpf.Jan07.2003.wpd
LAND .
DESIGN
SOUTH
Land Planning
Landscape Architecture
Environmental Consultation
561-478-8501 FAX 561-478-5012 2101 Centre park West Drive. Suite 100 West Palm Beach, Florida 33409
January 7, 2003
Lynn Hays
BUIldIng DlVlslon
CIty of Boynton Beach
100 E, Boynton Beach Blvd,
PO Box 310
Boynton Beach, FL 33425-0310
RE: Hampton Court Addressing Plan
Dear Mrs, Hays
The purpose of thIS letter IS to request a reVIew of the above referenced proJect-addressIng plan. As we
spoke about In our telephone conversatIOn on Monday, January 6, 2003, we are In the process of reCeIVIng
SIte plan and rezomng approval for thIS property. We receIved an EngIneenng comment regardIng the
name of the subject property and ItS closeness to another property wIthIn the CIty, The comment stated
that the subject property's name, Hampton Court, may be too close to an eXIstIng use In the CIty,
Hampton Inn. Please reVIew the plan and the name to make sure that there will be no confusIOn between
the tWo (2) propertIes for the Emergency Departments wIthIn the CIty,
The property will be a "for-sale" development. Each umt will have a separate owner. The attached SIte
plan IS compnsed of a total of seven (7) buildIngs, BuildIng One (1), Umt One (1) will have an address of
101 Hampton Court. BuildIng One (1) has a total of ten (10) umts so the addresses will be from 101 to
110 BuildIng Two (2) WIll be 201-210 Hampton Court, The remaInder of the buildIngs will follow the
same numbenng, Each umt will be located on Hampton Court. Please call our office If you have any
questIOns,
Once all of the reqUIred dIVISIons have revIewed the plan and addresses, please provIde our office WIth a
letter stating that the name will not cause any confusIOn WIth the 911 system In the CIty Please call our
office If you have any questtons regardIng thIS request.
SIncerely,
LAND DESIGN SOUTH
B~.Ic::
Semor Project Manager
cc LaurInda Logan
KeVIn Borkenhagen
Enclosures - AddreSSIng Plan
N.\AdminCM\Cindy\Letters\Brad C\l Hays Hampton Court Addressing Letter.doc
File #. 389.57C
CENTEX HOMES
Southeast Florida Division
8198 Jog Road, Suite 200
Boynton Beach, Florida 33437
December 4, 2002
Phone. (561) 536-1000
Fax: (561) 536-1060
www.CentexHomes-SEFlorida.com
Mr. Michael We mer, Esq.
Wemer & Aronson, P.A.
102 North Swinton A venue
DeIray Beach, FL 33444
Dear Mr. Weiner:
RE: Hampton Court (a.k.a. RSPB) Property
Please find enclosed a copy of the approval letter signed offby the neIghbonng HOA. I
still have not heard back from the townhome HOA, but thIS one was the assocIation that
we had to go before their Board. We have submItted our sIte plans and are antIcipatmg all
approvals m March 2003.
Please call me wIth any other mformatIon that you may need. Thank you
Sincerely,
Centex Homes
KevI M. orkenhagen
Vice President, Urban & L'1-Fill Redevelopment
Southeast Florida DivlSlon
cc: Scott Mullen,
CENTEX HOMES
Southeast Florida Division
8198 Jog Road. Suite 200
Boynton Beach. Florida 33437
November 8, 2002
/
/
Phone: (561) 536-1000
Fax: (561) 536-1060
www.CentexHomes-SEFlorida.com
Mr, Richard PhIl1pott
ASSocIation President
Golfvlew Harbour Homeowners Association, Inc,
1361 SW 27th Ave.
Boynton Beach, FL 33426
Dear Mr, Ph1llpott:
RE: Hampton Court
I wanted to follow up with you on the progress of our approval for the approximately 4.7
acre parcel located off Golf Road adjacent to Golfvlew Harbour, We are proceeding with
our site plan approval process through the City and anticipate approval by April 2003,
Part of this process includes the removal through the Courts of the settlement agreement
that was reached between the original landowner and the City that designated the
property for an ACLF only. At the August 7,2002 Association meeting the Board
approved you to SIgn off the Boards acknowledgment of our proposal to change the
settlement agreement to allow the property to be used for a residential use.
I need to clarify once more wIth you, on what our intentions are and have you verify that
this IS what you understood was our proposal and that this IS what I presented at the
August 7, 2002 meeting.
The Association aclmowledges and agrees with Centex Homes proposal to:
. Build a (66) unit for-sale reSIdentIal multi-family dwelling community
. Two story condommium product with a 5/12 pitch roofline,
. Will have streetlights WIthin the pnvate streets that wIll function like all street lights
from dusk to dawn,
. Use the City's PUD zonmg.
. We do not plan on walling the southern boundary, but wIll wall the east, west and
northern boundary. It is our intent to have views of the canal, and apply for a permit
to provIde a water feature facility on the water,
. We would submit to the County for approval for traffic, and would comply WIth the
requirements set forth 10 the County's traffic approval gUIdelines,
Please review the above noted Items and acknowledge your agreement that this is what
was shown to the Board and was acceptable to by the Board, Thank: you in advance for
your assistance with this matter.
Please call me with any questions that you may have (561-536-1032).
Sincerely,
Centex Homes
Kev . Borkenhagen
Vice President, Urban & In-Fill Redevelopment
Southeast Florida Division
cc: Scott Mullen, Michael Weiner, Esq. Boynton Beach
AGREED TP AND ACKNOWLEDGED BY:
GOLFVIEW HARBOUR HOMEOWNERS ASSOCIATION, INC,
~/~7b 77 - f?.c.)>{ t:Je.., 'ic.:-I/I4.
Department of Engineering
and Public works
PO. Box 21229
West Palm Beach, FL 33416-1229
(561) 684-4000
www.pbcgov com
.
Palm Beach County
Board of County
Commissioners
Warren H. Newell, Chairman
Carol A. Roberts, Vice Chair
Karen 1. Marcus
Mary McCarty
Burt Aaronson
Tony Masilotti
Addie L. Greene
County Administrator
Robert Weisman
"An Equal Opportunity
Affirmative Action Employer"
@ printed on recycled paper
December 16, 2002
Mr Michael W Rumpf
Director of Planning & Zoning
Department of Development
City of Boynton Beach
POBox 310
Boynton Beach, FL 34425-0310
rn
~ @ ~ 0 ~7 l fnl
/I Ii :
DEe , A 20D? Ii! i I
I L_ I
"- -.--....---.1 j
rL!~\ !!I! i .
, "
RE: Hampton Court - RSPB Property
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Michael:
The Palm Beach County Traffic Division has reviewed the traffic study for the project
entitled, Hampton Court, pursuant to the Traffic Performance Standards in Article 15 of
the Palm Beach County Land Development Code The project is summarized as follows
Location:
Municipality:
Existing Uses:
Proposed Uses:
New Daily Trips.
Build-out:
South side of 23rd Avenue, east of Congress Avenue
Boynton Beach
None
66 MF Residential Units
462
2004
Based on our review, the Traffic Division has determined that the project meets the
Traffic Performance Standards of Palm Beach County
If you have any questions regarding this determination, please contact me at 684-4030
Sincerely,
OFFICE OF THE COUNTY ENG!NEER
//Y)
CC Yvonne Ziel - Traffic Consultants Inc.
File General - TPS - Mun - Traffic Study Review
F \TRAFFIC\ma\Adrnin\Approvals\021203 doc
f'
,
r.
...
Peter M. Ryland. 1311 s. W. 25th Avenue. Boynton Beach. FL 33426
l?
~'-
Mike Rumpf
Planning & Zoning Director
City of Boynton Beach
P.O. Box 310
Boynton Beach Boulevard, Florida 33425-0310
Dear Mike;
Last Friday I reviewed the plans and submissions for Hampton Court, the proposed
development on 4.67 acres on S. W, 23rd Avenue, just east of Congress. My property is
contiguous to the southeast comer of the proposed development, across the Lazy Lake
Canal. I understand this project is up for preliminary comments on December 12th, a
Traffic meeting on January lih , Planning on January 28th, and the City Commission on
February 4th.
The property in question is one of the last of the open areas in the "green corridor" which
runs along S,W.23rd from Military Trail to Seacrest. It abuts the lazy lake canal on the
south, across from which are some of the most expensive homes in Golfview Harbour.
The Lazy Lake Canal is unique in its width connection to Lazy Lake and the main
drainage canals between Lake Ida and Lake Osborne. Because the canal essential ends at
Congress and is in a quiet residential area, it is home to large Bass, White, blue and green
herons and a host of visiting birds, including Mallards, Cardinals, Scrub Jays, etc, It has
been even reported to me that Eagles were seen nesting in the trees on the property.
COMMENTS
My comments are as follows:
. The proiect is in violation of an agreement made between the City and the
landowner which permitted only ACLF usage with restrictions on refuse
containment areas, traffic, lighting, and separation from residential areas by walls
berming, and landscaping, Only the homeowner's associations of Leisureville and
Golfview Harbour could allow exceptions.
. Permission from Golfview Harbour was gained in an unfair manner. On August
6th, between 9 and 10PM, I found a notice of a meeting to be held the following
night specifically on this development. Due to the short notice, I estimate that less
than 4 of the 15 contiguous property owners were present. A total of 40 Golfview
Harbour homeowners were present, 36 of who were not contiguous property
.
owners. The President of the association took a general vote, which was 26 for the
development and 14 against (all of the contiguous owners present voting against).
. The proiect is inconsistent with surrounding zoning, Three sides of the project are
bordered by private, single family homes. The ACLF usage was allowed with
restrictions only because there was a need for assisted living facilities at the time
and it was felt that, with the restrictions, a legal problem could be avoided with a
low visibility facility (little noise or traffic, both vehicle and pedestrian).
. The proiect is too high in density. Even if the project were allowed to be
downgraded to PUD, it violates the maximum of 10.8 units per acre by 3.24 units,
or 15.13 units on 4.67 acres, In round numbers, I calculate that to be 50 units
maxImum.
. The recreational facilities are located where they will be disturbing to neighboring
homes. Located in the Southeast comer of the property, the recreational facilities,
which primarily consist of a pool and cabana, are located less than 100 feet from
the nearest private residence. Although separated by a planned wall on the east,
there is no such wall on the south. The proposed plantings are 3' high and
therefore do not help, leaving several houses overlooking what can be a very
noisy facility with upwards of 50 people swimming and partying on weekends,
With an average of2,3 per household, there could potentially be 152 people using
the facility, plus an untold number of guests. The Southeast comer is now the
quietest and most private area of the property, The addition of a recreational
facility in this area (plus a potential "water feature") would make it the busiest
and noisiest portion of the property, just the opposite of what it is now and what
the legal ACLF agreement was intended to do.
. The current design directly overlooks private residences. The buildings are
situated so that residents have a direct view into the yards of private homes on the
south and east. The buildings are situates with a minimum 25' setback and the
second story units have large picture widows (with an optional widow seat) which
is at a height equal to or higher than the roofline of the surrounding houses. The
houses across the canal on the south have back yards that are fully exposed,
leaving them no privacy at all. I estimate 10 units overlook back yards on the
south and 8 on the east.
. The proposed development further burdens an already deteriorated traffic
condition. The traffic study submitted with the plans indicates that that area of
S.W. 23rd is already rated as "D" by the state as of2001. On the comer ofS.W.
23rd and Congress there is a Medical Professional Building going up, which is
expected to generate additional traffic (you have the figures on that). The
proposed development is expected to add 462 cars a day to S.W. 23rd, a commuter
route heavily used to avoid traffic on Woolbright.
.
. The planned development would adversely affect the Lazy Lake Canal. As
proposed, there would be a major runoff directly into the canal. 57.8% of the
development is impervious. The draining system runs directly into the canal,. In
addition, the land is sloped so that surface drainage will also run into the canal.
The result would be the potential addition of pollutants directly into the water,
aside from displacement of current wildlife. To make matters worse, the President
of the Golfview Harbour Homeowners Association reports that; "There will be
views of the canal. and Centex is applying for a permit to provide a water feature
facility on the water," This will further increase water traffic and noise on the
canal. add pollution, and damage the seawalls of the private homes on the south
side.
RECOMMENDATIONS
1. Disallow the proiect outright.
· It does not comply with the legal agreement
· Barring that:
2, Continue the current Legal restrictions
· Concerning, but not limited to refuse containment areas, traffic,
lighting, and separation from residential areas by walls berming,
and landscaping
· Barring that:
3. Reduce/ revise the proiect
· Require an inspection and cataloguing if indigenous wildlife by a
reputable, independent third party
· Reduce the project to a maximum of 50 Units. 25 are preferable,
· Relocate buildings to avoid overlooking private houses. 50'
setback preferable,
· Relocate recreational facilities to reduce noise/visibility from
private homes (central location, surrounded by buildings
preferable)
· Require wallslberming between project and private homes on east
and south with 6 foot minimum height
· Ban specific usage/ development of the canal
· Require approval of any changes to submitted plans by majority of
contiguous property owners, not Golfview Harbour Homeowners
Association
· Provide for monetary fines and penalties for non-compliance to
approved plans with remedy requirements on developer
If you have any questions, please call me on my cell phone at 561-801-1640.
Sincerely,
Peter Ryland
DEPA RTM EN T 0 F DEV ELO Rv1 EN T
Aanning and Zoning Divison
. Building . Planning & Zoning . Occupational Ucenses . Community Redevelopment
November 22, 2002
Mr Masoud Atefi MSCE, Senior Traffic Engineer
Palm Beach County Traffic Division
Department of Engineering and Public Works
POBox 21229
West Palm Beach, Florida 33416
Re Traffic Study' Hampton Court
NWSP 02-023
Dear Mr Atefi
The enclosed traffic generation statement, prepared by Yvonne Ziel Traffic Consultants, Inc.
was recently received by Planning and Zoning for the above-referenced application Please
review the enclosed information for conformance with the County's Traffic Performance
Standards Ordinance, and provide Tim Large, Building Code Administrator and I with your
written response
If you have questions regarding this matter, please call me at (561) 742-6260
Sincerely,
-}fJJZ-
Michael W Rumpf
Director of Planning and Zoning
MWRlsc
S:IPlamingISHAREDIWPIPROJECTS\Hampton CourtINWSP 02-023ITraffic letter to Palm Beach County.doc
City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310
Phone: (561) 742-6350 . www.cLboynton-beach.f1.us
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 02-294
TO
TRC MEMBERS
Rodger Kemmer, Fire Protection Engineer
Kevin Hallahan, Forester/Environmentalist
John Huntington, Police Department
H David Kelley Jr , Utilities Department
Timothy K, Large, Building Division
Ken Hall, (Engineering) Public Works-General
John Wildner, Parks Division
Laurinda Logan, Engineering Department
Lusia Galav, Planning & Zoning Division
THRU
Michael W Rumpf
Director of Planning & Zoning
FROM
Eric Lee Johnson, AICP
Planner
DATE
December 11 , 2002
RE
Hampton Court NWSP 02-023
1 ST Review - New Site Plan
Project Hampton Court
Location - East of Congress, south of SW 23 Avenue
Agent Jennifer Liszak, Land Design South
Attached, you will find a letter from Peter M Ryland to Mike Rumpf regarding the above referenced
townhouse project. Mike had asked me to forward this letter to all TRC members that may have a
concern with the contents of the letter and use it as "information only" Your site plan comments are due
tomorrow (December 5, 2002) You may have already returned your comments and sets of plans to
Planning & Zoning, which is to be expected However, we just wanted to let all TRC members know that
this project may unpopular with some of the area's residents As you know, the Technical Review
Committee meetings are "open" to the public and therefore, we may have visitors at the TRC meeting on
January 7, 2003 Thank you for your consideration in this matter
CC Michael W Rumpf, Director of Planning & Zoning
MWR.elj
Attachment(s)
Ryland letter
Rumpf email
S'\Planning\Shared\Wp\Projects\Hampton Court\NWSP 02-023\TRC Memo doc
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 02-294
TO
TRC MEMBERS
Rodger Kemmer, Fire Protection Engineer
Kevin Hallahan, Forester/Environmentalist
John Huntington, Police Department
H, David Kelley Jr" Utilities Department
Timothy K. Large, Building Division
Ken Hall, (Engineering) Public Works-General
John Wildner, Parks Division
Laurinda Logan, Engineering Department
Lusia Galav, Planning & Zoning Division
THRU
Michael W Rumpf
Director of Planning & Zoning
FROM'
Eric Lee Johnson, AICP
Planner
DATE'
December 11, 2002
RE
Hampton Court NWSP 02-023
1 ST Review - New Site Plan
Project Hampton Court
Location - East of Congress, south of SW 23 Avenue
Agent Jennifer Liszak, Land Design South
Attached, you will find a letter from Peter M Ryland to Mike Rumpf regarding the above referenced
townhouse project. Mike had asked me to forward this letter to all TRC members that may have a
concern with the contents of the letter and use it as "information only" Your site plan comments are due
tomorrow (December 5, 2002), You may have already returned your comments and sets of plans to
Planning & Zoning, which is to be expected However, we just wanted to let all TRC members know that
this project may unpopular with some of the area's residents As you know, the Technical Review
Committee meetings are "open" to the public and therefore, we may have visitors at the TRC meeting on
January 7,2003 Thank you for your consideration in this matter
CC Michael W Rumpf, Director of Planning & Zoning
MWR.elj
Attachment(s)
Ryland letter
Rumpf email
S'\Planning\Shared\Wp\Projects\Hampton Court\NWSP 02-023\TRC Memo doc
,
Peter M. Ryland. 1311 S. W. 25th Avenue. Boynton Beach. FL 33426
Mike Rumpf
Planning & Zonmg Director
CIty of Boynton Beach
P,O, Box 310
Boynton Beach Boulevard, Florida 33425-0310
Dear Mike;
Last Friday I revIewed the plans and submIssions for Hampton Court, the proposed
development on 4,67 acres on S,W, 23rd Avenue, Just east of Congress. My property IS
contiguous to the southeast comer of the proposed development, across the Lazy Lake
Canal. I understand thIS project IS up for prelImmary comments on December 1ih, a
Traffic meetmg on January 1ih , Planmng on January 28th, and the CIty CommISSIon on
February 4th,
The property m question IS one of the last of the open areas m the "green comdor" whIch
runs along S.W.23rd from Military Trail to Seacrest. It abuts the lazy lake canal on the
south, across from which are some of the most expenSIve homes m Golfview Harbour,
The Lazy Lake Canal is umque in ItS WIdth connectIOn to Lazy Lake and the main
drainage canals between Lake Ida and Lake Osborne. Because the canal essentIal ends at
Congress and is m a qUIet residentIal area, It IS home to large Bass, White, blue and green
herons and a host of visiting bIrds, includmg Mallards, Cardmals, Scrub Jays, etc. It has
been even reported to me that Eagles were seen nesting in the trees on the property.
COMMENTS
My comments are as follows:
· The prolect IS m VIOlatIOn of an agreement made between the CIty and the
landowner which permItted only ACLF usage with restnctions on refuse
contamment areas, traffic, lIghting, and separation from reSIdential areas by walls
bermmg, and landscapmg. Only the homeowner's aSSOCiatIOns of LeIsureville and
Golf VIew Harbour could allow exceptIOns.
· PermissIOn from Golf VIew Harbour was gamed in an unfair manner. On August
6th, between 9 and 10PM, I found a notIce of a meetmg to be held the followmg
mght speCIfically on thIS development. Due to the short notice, I estimate that less
than 4 of the 15 contiguous property owners were present. A total of 40 Golf VIew
Harbour homeowners were present, 36 of who were not contiguous property
~
owners, The President of the assocIatIon took a general vote, WhICh was 26 for the
development and 14 against (all ofthe contiguous owners present voting against),
· The proiect IS mconsistent WIth surroundmg zomng. Three sides ofthe project are
bordered by private, smgle famIly homes. The ACLF usage was allowed with
restnctions only because there was a need for assisted lIvmg facilitIes at the time
and It was felt that, wIth the restnctIons, a legal problem could be avoided with a
low vIsibility facilIty (little noise or traffic, both vehIcle and pedestnan).
· The proiect IS too high m densIty. Even If the project were allowed to be
downgraded to PUD, It vIOlates the maximum of 10.8 units per acre by 3.24 umts,
or 15.13 units on 4.67 acres. In round numbers, I calculate that to be 50 umts
maXImum.
· The recreational facilitIes are located where they wIll be disturbmg to neighbonng
homes, Located m the Southeast comer of the property, the recreational facIlItIes,
whIch pnmanly consIst of a pool and cabana, are located less than 100 feet from
the nearest private residence. Although separated by a planned wall on the east,
there is no such wall on the south. The proposed plantings are 3' high and
therefore do not help, leavmg several houses overlookmg what can be a very
nOIsy facilIty with upwards of 50 people swimming and partymg on weekends,
With an average of 2.3 per household, there could potentIally be 152 people using
the faCIlIty, plus an untold number of guests. The Southeast comer IS now the
qUIetest and most private area of the property, The addItion of a recreational
facility m this area (plus a potentIal "water feature") would make it the busiest
and noisIest portIOn ofthe property, just the OpposIte of what It IS now and what
the legal ACLF agreement was intended to do.
· The current deSIgn directly overlooks pnvate resIdences. The bUIldmgs are
situated so that residents have a direct view mto the yards of pnvate homes on the
south and east. The buildmgs are situates with a minimum 25' setback and the
second story umts have large pIcture wIdows (wIth an optional widow seat) WhICh
IS at a heIght equal to or higher than the rooflme ofthe surroundmg houses, The
houses across the canal on the south have back yards that are fully exposed,
leavmg them no pnvacy at all, I estimate 10 umts overlook back yards on the
south and 8 on the east.
· The proposed development further burdens an already deteriorated traffic
condition. The traffic study submitted with the plans mdicates that that area of
S.W, 23rd is already rated as "D" by the state as of 2001. On the comer of S.W.
23rd and Congress there is a Medical ProfessIOnal Building going up, WhICh is
expected to generate additional traffic (you have the figures on that). The
proposed development is expected to add 462 cars a day to S,W. 23rd, a commuter
route heavIly used to avoid traffic on Woolbright.
.
. The planned development would adversely affect the Lazy Lake Canal. As
proposed, there would be a major runoff dIrectly mto the canal. 57,8% of the
development is impervIous. The drammg system runs dIrectly into the canal,. In
additIon, the land is sloped so that surface drainage will also run into the canal.
The result would be the potential addition of pollutants directly into the water,
aside from dIsplacement of current wildlife. To make matters worse, the President
of the Golf VIew Harbour Homeowners Association reports that; "There will be
VIews of the canal, and Centex IS applying for a pennit to provide a water feature
facIlIty on the water," This wIll further mcrease water traffic and noise on the
canal, add pollutIOn, and damage the seawalls of the pnvate homes on the south
sIde.
RECOMMENDATIONS
1. Disallow the proi ect outright.
· It does not comply with the legal agreement
· Bamng that:
2, Contmue the current Legal restrictions
· Concernmg, but not limited to refuse contamment areas, traffic,
lightmg, and separatIOn from reSIdential areas by walls bennmg,
and landscapmg
· Barring that:
3, Reduce/ reVIse the proiect
· ReqUIre an inspection and cataloguing if indIgenous wildlIfe by a
reputable, mdependent third party
· Reduce the project to a maXImum of 50 Units. 25 are preferable.
· Relocate bUIldings to aVOId overlooking pnvate houses. 50'
setback preferable,
· Relocate recreatIOnal facilities to reduce nOIse/visibility from
pnvate homes (central location, surrounded by bUIldmgs
preferable)
· Require walls/bennmg between project and private homes on east
and south WIth 6 foot minimum heIght
· Ban speCIfic usage/ development of the canal
· ReqUIre approval of any changes to submItted plans by majonty of
contIguous property owners, not Golf VIew Harbour Homeowners
Association
· ProVIde for monetary fines and penalties for non-compliance to
approved plans WIth remedy reqUIrements on developer
If you have any questIOns, please call me on my cell phone at 561-801-1640.
Smcerely,
Peter Ryland
Tucker, Patricia
From:
Sent:
To:
Subject:
Ryland, Peter [pryland@benjaminschool com]
Monday, December 09, 2002 12 50 PM
Tucker, Patricia
FW Hampton Court
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P&ZL T120702.doc
The same here.
Peter Ryland
> -----Original Message-----
> From: Ryland, Peter
> Sent Monday, December 09, 2002 11 53 AM
> To: Mike Rumpf (E-mail)
> Subject: FW: Hampton Court
>
>
> Mike-
>
> The email address on the website does not work I have corrected it,
> Peter Ryland
>
> -----Original Message-----
> From: Ryland, Peter
> Sent: Saturday, December 07, 2002 11:03 AM
> To: 'rumpfm@www.ci boynton-beach fl us'
> Subject: Hampton Court
>
>
> Mike- <<P&ZLT120702.doc>>
>
> This is a letter to you concerning Hampton Court, I know you have a 1st
> review on the 12th and I want to make sure you get this in time It is a
> lot of work, but this is a lot of development which I have to live with
> for a long time I plan to give a copy of my letter and the schedules and
> statistics to other contiguous private property owners.
>
> This should not be happening.
> Peter Ryland
>
1
, ,
Tucker, Patricia
From:
Sent:
To:
Subject:
Ryland, Peter [pryland@benjaminschool com]
Monday, December 09,20021249 PM
Tucker, Patricia
FW
~
P&ZL T120702.doc
Pat-
Let's try this again,
Peter Ryland
> -----Original Message-----
> From: Ryland, Peter
> Sent: Monday, December 09, 2002 12:11 PM
> To Mike Rumpf (E-mail)
> Subj ect : FW:
>
> Mike-
>
> Ditto I have spread the word with the other people who live around the
> development- they are appalled, One of them thought it was a done deal I
> gave them your website phone # and (faulty)address If you want me at the
> 1st review, I can make it as long as it is in the AM,
>
> Two other comments-
> * The runoff from the chemically treated pool (cleanings, etc) can be
> expected to wind up in the canal and pollute it further,
> * The two pools in the Golfview Harbour townhouses are located next to
> Congress-why couldn't this pool be situated on 23rd?
>
>
> Peter Ryland
>
> -----Original Message-----
> From Ryland, Peter
> Sent: Saturday, December 07, 2002 11:15 AM
> To Mike Rumpf (E-mail)
> Subject:
>
>
> <<P&ZLT120702 doc>>
> Mike-
>
> Sorry-I misspelled your name!
> I assume the 1st review is private, Is that correct?
> Peter Ryland
>
1