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CORRESPONDENCE DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-035 TO: Ken Hall Engineering Technician ~\'-- (j 12--' Michael W. Rumpf Planning and Zoning Director Ed Breese ~ Principal Planner THROUGH: FROM: DATE: April 11, 2007 SUBJECT: Boynton Ventures #1 (Arches) - Plat Comments 3rd Review I have reviewed the above referenced plat and have the following comments: 1. Plat (Sheet 1) - Under the discussion of Public Sidewalk & General Utility Easements, Utility is misspelled on the third line of the sentence. 2. Plat (Sheet 3) - All sidewalk easements need to have a width dimension, only the sidewalk easement on SE 4th Street depicts a dimension. c~ I Ruden ~~ McClosky 200 EAST BROWARD BOULEVARD SUITE 1500 FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (954) 527-2476 FAX (954) 333-4076 BONNIEMISKEL@RUDENCOM September 29,2005 VIA E-MAIL Quintus Green Director of Development City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Re: Release of Unity of Title in Order to Develop The Arches Project Dear Quintus: You will recall that I provided you with a form of Termination of Unity of Title at the last Commission meeting on September 20, 2005. During the Commission break, I spoke to Jim Cherof and also provided him with the information concerning this unity. He advised me that he had just that day released a similar unity on similarly situated property and said it would be a reasonably quick process. As we are working on our financing and investment package, it is imperative that we have this Termination executed within the next seven days. Please advise when we may expect the executed Termination. I have enclosed an additional copy for your convemence. If you have any other questions, please do not hesitate to call. Sincerely, bcr~ Bonnie L. Miskel BLMlbab Enclosure cc: Jim Cherof, Esq. (w/enc., via e-mail) FTL:1544677:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' fT. LAUDERDALE' MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH Return to: (enclose self-addressed stamped envelope) Name: Scott J. Fuerst, Esq. Ruden, McClosky, Smith Schuster & Russell, P.A. Address: P.O. Box 1900 Fort Lauderdale, Florida 33302 This Instrument Prepared by: Scott J. Fuerst, Esq. Ruden, MeClosky, Smith Sehuster & Russell, P .A. 200 East Broward Boulevard 15th Floor Fort Lauderdale, Florida 33301 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA TERMINATION OF UNITY OF TITLE THIS TERMINATION OF UNITY OF TITLE ("Termination") is dated as oftms _ day of , 2005, and is made by THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida ("City") and joined in by BOYNTON VENTURES I, LLC, a Florida limited liability company ("Boynton"). WITNESSETH: WHEREAS, BOBKATZ PROPERTIES, INC., a Florida corporation ("BobKatz") executed and recorded that certain Unity of Title dated January 25,2001 in Official Records Book 12311 at Page 1107 of the Public Records of Palm Beach County, Florida ("Unity") with respect to the property more particularly described on Exhibit "A" attached hereto and made a part hereof ("Property"); and WHEREAS, Boynton is the successor in interest to BobKatz as the owner of the Property and desires that the Unity be terminated; and WHEREAS, the City is satisfied that the Unity is no longer required by law. NOW, THEREFORE, in consideration of the sum ofTEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City does hereby agree that the Unity shall be terminated and of no further force and effect upon the recording of this Termination amongst the Public Records of Palm Beach County, Florida. FTL:1536356:1 IN WITNESS WHEREOF, the parties have hereunto set forth their hands and seals as ofthe date first above written. WITNESSES: THE CITY OF BOYNTON BEACH, a Florida municipal corporation By: Name: Jerry Taylor Title: Mayor STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by JERRY T AYLOR, the Mayor of the City of Boynton Beach, a Florida municipal corporation, freely and voluntarily under authority duly vested in him by said company. He is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this _ day of ,2005. Notary Public Typed, printed or stamped name of Notary Public My Commission Expires: Approved: Boynton Beach Department of Development By: Approved: City Attorney By: FTL:1536356:1 WITNESSES: BOYNTON VENTURES I, LLC By: Name: Ryan Weisfisch Title: Managing Member Signature Printed Name Signature Printed Name ST ATE OF FLORIDA ) ) SS: COUNTY OF ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by RYAN WEISFISCH the Managing Member of Boynton Ventures I, LLC, a Florida limited liability company, freely and voluntarily under authority duly vested in him by said company. He is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this _ day of ,2005. Notary Public Typed, printed or stamped name of Notary Public My Commission Expires: FTL: 1536356: 1 EXHillIT "A" LEGAL DESCRIPTION OF THE PROPERTY Parcel 1 The West 10' of Lot 6, less North 8' and the East 13.05' of the North 75.88' of Lot 7, Block 7, ORIGINAL TOWN OF BOYNTON BEACH, according to the Plat thereof on file in the office of the Clerk ofthe Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 23. Parcel II Lot 7, less East 13.50 feet of North 75.88 feet, and less North 8 feet of West 36.50 feet therefrom, Block 7, ORIGINAL TOWN OF BOYNTON BEACH, a subdivision ofthe City of Boynton Beach, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 23, together with an easement for purposes of ingress and egress over the South 50 feet of the West 10 feet of Lot 6, Block 7, ORIGINAL TOWN OF BOYNTON. FTL:1536356: 1 ,~ r Ib<:' -L , bO \ .Ci A.~ 1 9. .~5\, V \'1"1 ., a' . ~ 'I.'" II PARK LAMI CeMDO 'PT' tt; "" ~ ~ 1 ~l ~!4 ! J..! 2} ~ , _, ;of' I ~(I, ~l i 1 IJ) <<1 Be 100 II ,:lot ,~ fJ !J ... - . ^-- , j; ~ I- jJ,S V) ~t" ~ A.ql t;lllY" .., 1 I~ 00 - \.. !r ''"' <:. ~ 3 _~_-_. 0- -.- oq, 110 ~ ./ - . _. __ 'olf '!.~ L,... - - - ---- - - . - 2,"1 AC ,~I.' 8.2 ~e 0 ,... I.J ... \ \()'f s (Ij '3 - CJ) o ... I "," \I~~ .1 "'J., i ,. ~\ ~\.-~" ". / I- '.; II; i) , \ IblC -~ ~ I I 1:1 }7M~ 5 0/- CENTRAL PARK ADD-P6 /2 F /2 n2woroCREST MAN()fi>-PP 26 P 88 v _O.3-BOYN TON fOWN "F - PB I P23 L, A' RC'l PL TOWh' OF rSI5 ,'" 't- ~LJ . SUB .3 tJ 95-SAVvYERS.ADD P81 P69 tJ 06 BOYf\/TON CENTER PB 8 PIZ 07~PENCES SUB NO , .-PBI P 32 B-StlNSET COURT-PBII P29 9.. BOYNTON HGTS PB6 P 5 ll' '-O~BOY'NTON HG rs ADD REV PL PR 10 J tJ II-BOYNTON HGTSADDNnl PR4 P i ~ ~ ~~OWE"$ PARK PB II P 57' .1 3- CFNTf?A L PARI<. A NN EX PB 12 p rJ '4~BEVERLY HI LL.S ADD NO 2 PB 13 P 58 /5-BEVEltLY HILLS ADD NO 3 PB'3p6, /6-RELLAMY H6TS PB 13 P62 17- CRESCENT HGTS PB 24 P 17(l 5 19-FERN RIDGE".PB26PI15 l'J 20- MORI< ISON HGTS PB 24 P45 N 21-SUN NY D.A.LE I PB 24 p 3;4 - 5~ 2~-MCDONALD PARK ADD PSI2 F69 lE,i I ~ . 2 3 -H A T J-/ A WAY P A I? I<. P B 13 P I 7 ~Ac-"5 24-PARKER EST Pfj 10 P 37 ~.. 2~-FOh>FST 'PAfiJK I>-fGT$ PB25 P32 s~ 26-PINERIDGE PB-2~ PIli . Au21.:BOYNrON:BEACH S..UBDIV OF_{g.t,"_._Qj~ , SEe 2'8-45.. 43 PSI P4 ~t ,t"rl tf ~\,.>i. 28 - S IE f; RA HF IG,'-ITS PB 28 P ~__ '-\t 29- VIVIE NNE C. ONDO .l,~~' ~ '~...~30-GREEN AC{>~., r()tJnn . 11:)- ~ , Ita ~ e & ~ - --...---- ~;} I#-. , ~o ~ / ~I,' - - '0' _ L-. _ _ __.___ __. ~ " ; LO I~ .35\c ~ In a"' ,.., ~~ ~ w o U ~u ~ ,0\ ~ Q.. ~ -- '- I - A<. ;) !J.;.! ,IE "1! -..L .rS fl.'fJAC "'., 8.2 :;;;A Co ~ ~ o .&0 j : LJ- --UL l I~() L 'J Q '" ... .,.,i. ~C .: f ... tl If. 3 \ -l~ -; J~() 2 '1;. i~ , .../1 ,~' J. ...OA<- ~ 50~ ScaLe , -=: I If SL.C2/ I 10 SEe 22- - C R _0 A D - ISECe'7 5 T ~ .5ECC!8 l(' "- ') .. I I I I~ o !,lI) ~ ~ .K- 50 50 40 \ 7 6 S 4- 3" 2- 1 \ ~ / 0 0/ 1 \ ---- -;T i J g /0 II /2 13 /4- I 8 I I \ \ ~ . S7 ~ V) '7 G 5 4 -3 2 I 8 .9 it/ /1 /2. /.3 /4 (( C;- " (',) _ ,AVE/VUE ~ ,.- ..., --, f ~- -," I , ~ \i'\ 1 ~ ., 2- j & '7 G S 4- .3 2- '!1 II 12 ~\ ~ ~ ~ '-J ~ 1 r f B .9 10 II 12 13 141 \ ST r r l ~ h. V) l) fV \ ~ IzJ I ~I ~ I Q '1- l .) 3 .;>: 3" - '-.- DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-167 TO: Ken Hall Engineering Technician ~_. Michael W. Rumpf Planning and Zoning Director Ed Breese tbJ Principal Planner THROUGH: FROM: DATE: August 31, 2006 SUBJECT: Boynton Ventures #1 (Arches) - Plat Comments 2nd Review I have reviewed the above referenced plat and have the following comments: 1. Plat - All sidewalk easements need to have a width dimension, only the sidewalk on SE 4th Street depicts a dimension. 2. Plat - Survey Note #4 indicates no landscape planting in utility easements. Planting is allowed in utility easements, however the types and sizes may be limited. ,. -. J _ LAND DESCRIPTION PORTION OF S.E. 1ST AVENUE TO BE VACATED That certain 40.00 foot wide right-of-way bounded on the north by the south line of Block 7, on the south by the north line of Block 12, on the east by the west right-of-way line of Federal Highway (U.S. Highway No.1) and on the west by the east right-of-way line of S.E. 4th Street, all in the ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: COMMENCING at the southwest comer of Lot 8 in said Block 7; THENCE South 88.59'27" East along the south line of said Block 7, a distance of 5.00 feet to the POINT OF BEGINNING; THENCE continuing along said south line, South 88.59'27" East, 335.01 feet; THENCE South 00.02'09" West, 51.80 feet to a point of cusp on the west right-of-way line of Federal Highway (U.S. Highway No.1, State Road No.5); THENCE northwesterly along the arc of a curve concave to the southwest, having a radius of 12.00 feet, a central angle of 89.01'36", an arc distance of 18.65 feet to the point of tangency; - THENCE North 88.59'27" West, along the north line of said Block 12, a distance of 323.21 feet to the east right-of-way line of S. E. 4th Street; THENCE North 00.02'09" East, along said east right-of-way line, 40.01 feet to the POINT OF BEGINNING; Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 13,430 square feet (0.308 acre), more or less. LAND DESCRIPTION PREPARED BY: SHAH, DROTOS & ASSOCIATES 3410 N Andrews Avenue Extension Pompano Beach, Florida 33064 Prepared by: MDR Checked by: MDR Project No.: 02-0598A File Name: X:\cad\survey\0598AOO\Sketches\0598V ACA.SE1A VE June 1, 2005 SHEET 1 OF 2 SHEETS / ~ SKETCH OF DESCRIPTION A PORTION OF SE 1ST AVENUE TO BE VACATED See. 4th STREET ORIGINAL TOWN OF BO~t';!rpN- b I ~ (PB 1, PG 23, PBeR) Lof)STB~E12' :;! ,Jj, _E BK;HL-or~ -L IN NOUOP'Oq c: WAY UNE I 5' ADDITIONAL RIGHT-OF-WAY I / / / / (ORB 4356. PG 890 PBeR) ~ / ~.//' -~ - - ~ .~ - - - ~ /ji/ tj~/ //~ / {CENTERlINE E RIGHT-or=- - ORIGINAL WAY UNEL WEST LINE LOT 8, BLK 7\ t800E~tEMENT sw CORNER-lOT 8. BlJ( 7 59'27"E 5.00' PbWiNl?JG CXJ SCALE: '-=50' to OJ SURVEY NOTES: 1. THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN HEREON ARE ASSUMED AND ARE RELATIVE TO THE WEST RIGHT OF WAY LINE OF FEDE HIGHWAY. SAID LINE BEARS SOUTH - Ocr02'09- WEST. 3. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY SHAH, DROTOS & ASSOCIATES FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. " --'~O ~ 0 ~J' '1( ~ Ol OlO ~~ ( O.+- /V ~-- ';... n,7 O-^, (:) ,-' . ,4-,<0& ~ I -10 OJ: "'i ..> '(' /v~ -? <.t q B (',J n (',J i!: 0::: o Z n R=12.00f- D-89"0 1 '36- .,. ',1' L=18.65' ST RIGHT-OF- ! WAY LINE ""'\ SO(. lEAST jhE 51.8Q.' I - ---LLOLL- --SOU02,'09"W L- - - -tlNLESS IT BEARS THE SIGNATURE L1O' ADDmONAL RIGHT-OF-WAY i AND THE ORIGINAL RAISED SEAL OF (ORB 568, PG 143 PBeR) , A FLORIDA LICENSED SURVEYOR AND FEDERAL HlGHWAM-s. HIGHWAY NO. MAPPER THIS MAP IS FOR AND STA7r . NO. 5 INFORMATIONAL PURPOSES ONLY PROJECT NO: 02-0598A.OO "Ild ""-Clf'.'" AND IS NOT VALID FILE NAME: X:\CAD\SURVEY\0598AOO\SKETCHES\O~SW>.C'(--" I SHEET 2 OF 2 SHEETS C.I",., ~.. ""\\ I.,. . SHAH I ENGINEERING O.f......IL.",. DR ora S SURVEYING & ASSOCIATES PLANNING CERTIFICATE OF AUTHORIZATION NO. LB 6456 3410 N. Andrews Avenue Exl . Pompano Beach. FL 33064 PH: 954-943-9433 . FAX: 954-783-47s4 D, ROSE HAL SURVEYOR AND MAPPER FLORIDA REGISTRATION NO. 3998 SKETCH OF DESCRIPTION REVISIONS MDR OWN 06/01/05 DATE FB!PG MDR CHKD ... LAND DESCRIPTION PORTION OF 20 FOOT WIDE ALLEY (S. E. 1 st PLACE) TO BE VACATED A portion of that certain 20.00 foot wide alley lying adjacent to Lots 6 through 9, together with the south half of said alley lying north of and adjacent to Lot 10, all in Block. 7, ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm 6each County, Florida, more particularly described as follows: BEGINNING at the southwest comer of said Lot 7; THENCE South 88.S9'27" East along the south line of Lots 7 and 6, a distance of 100.00 feet to the southeast comer of said Lot 6; THENCE South 00.02'09" West along the southerly extension of the east line of said Lot 6, a distance of 10.00 feet to the centerline of said 20.00 foot wide alley; THENCE South 88.S9'27" East, along said centerline, SO.OO feet to an intersection with the northerly extension of the east line of said Lot 10; THENCE South 00.02'09" West, along said northerly extension, 10.00 feetto the north line of said Lot 10; THENCE North 88.S9'27" West, along the north line of said Lots 10, 9 and 8, a distance of 1S0.00 feet to the east right-of-way line of Southeast 4th Street; . THENCE North 00.02'09" West, along said east right-of-way line, 20.00 feet to the POINT OF . BEGINNING. Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 2S00 square feet (0.OS7 acre), more or less. LAND DESCRIPTION PREPARED BY: SHAH, OROTOS & ASSOCIATES 3410 N Andrews Avenue Extension Pompano Beach, Florida 33064 Prepared by: MOR Checked by: MOR Project No.: 02-0S98A File Name: X:\cad\survey\OS98AOO\Sketches\OS98V ACA. WEST. WPO June 1, 200S SHEET 1 OF 2 SHEETS SKETCH OF DESCRIPTION PORTION OF 20' ALLEY IN BLOCK 7 TO BE VACATED ORIGINAL TOWN OF BOYNTON (PB 1, PG 23, PBeR) . {CENTERUNE _ S.E. 4th STREET ~E RIGHT~ NOfr02'09''E WEST LINE ~ WAY UNE - 20.00' __ LOT8\ ~ _ ___ OJ (j) o <- I 2/ ZU I~ ~~I B L 0 C K I~ ~ ~ 7 g; *:1 15l ,i.. 0.."-- ~ I~ [p ril~ <::s i= I Q)I~ 'lI-e:::m..q.'f C'l/Io ~ 10 C'I/ ~ 0.. :.( ....., . u.!4J t-.. ~~m~ ------~~~t I_I~ I PROJECT NO: 02-059BA.od'i I tH . a I fiLE NAME: X:\CAD\SURVEY\0598AOO\SKETCHES\0598VACA N SKETCH OF DESCRIPTION MDR 06/01/05 REVISIONS DWN DATE Fe/PG NOO.02'09"E SCALE: 1. =4 WEST LINE, LOT 7 \ --- I I I I ------~ I I I S'LY EXTENSION - - - ~ I E~~~6 I ~.;1iJ1 SOfr02'09''W I I .N 10.00' L{) ~il ORIGINAL TOWN OF BOYNTON I I ~~ PLAT BOOK i, PAGE 23 I ~ t-- - - -SURVEY lroTE5:.-J I 1. THIS IS NOT A BOUNDARY Isu~. 2. BEARINGS SHOWN HEREON I ~ ASSUMED AND ARE RELATIVE TO E WEST RIGHT OF WAY UNE OF1 mAl '<;j- HIGHWAY. SAID UNE BEARS spUTH 00"02'09- WEST. [ 3. LANDS SHOWN HEREON WERE' NOT ABSTRACTED BY SHAH, DROT<j>S " ASSOCIATES FOR RIGHTS-OF":'WAt, ~NER5HIP~OTHER INSTRUMENTS OF RECORD. I I "' FO THE F1R11. BY~ [, I MI L D. ROSE ! I PROFESSIONAL SURVEYOR, AND MAPP~ _ --FLORIDA BEGlSTRAIJOtLlID. 3998 I I UNLESS IT BEARS THE SIGNATURE AND ITHE ORIGI RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND PER THIS w\p IS FOR INFORMATIONAL PURPO$ES i ONLY AND IS NOT VAUD SHEET 2 OF 2 SHEETS I POINT OF BEGINNING SW CORNER LOT 7, BLK 7 f'.. co I '5:.' l&Il i~ ~J ~'i ~ ~~ ,- ~ ;:- - .. SHAH I ENGINEERING f.-..'!! ~ ~ ~ Q.I...A:1. DR oro S SURVEYING & Ass 0 C I ATE S PLANNING CERTIFICATE OF AUTHORIZATION NO. LB 6456 3410 N. Andrews Avenue Ext . Pompono Beoch, fL 33064 PH: 954-943-9433 . fAX: 954-783-4754 MDR CHKD LAND DESCRIPTION RIGHT OF WAY VACATION ARCHES AT BOYNTON BEACH PORTIONS OF SOUTHEAST 4TH STREET, SOUTHEAST 2ND AVENUE AND OCEAN AVENUE LYING ADJACENT TO BLOCKS 7 AND 12, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BLOCK 12, ORIGINAL TOWN OF BOYNTON (REVISED PLAT), ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGE 18 OF SAID PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 7; THENCE SOUTH 00-02'09" WEST ALONG THE WEST LINE OF SAID BLOCK 12, A DISTANCE OF 312.55 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST (A RAD1ALlINE THROUGH SAID POINT BEARS SOUTH 69-00'03" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 16.19 FEET, A CENTRAL ANGLE OF 49-54'09", AN ARC DISTANCE OF 14.10 FEET; THENCE SOUTH 88-31'35" EAST, 313.23 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT B.EARS SOUTH 00.45'40" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF <<-49'08", AN ARC DISTANCE OF 18.77 FEET; THENCE NORTH 00-02'09" EAST, ALONG THE WEST RIGHT -QF-WA Y LINE OF FEDERAL HIGHWAY (U.S. NO.1, STATE ROAD NO.5) TO A POINT OF CUSP WITH A CURVE CONCAVE TO THE NORTHWEST AND REFERENCE POINT "Aft; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90-58'24", AN ARC DISTANCE OF 39.69 FEET TO A POINT ON THE SOUTH LINE OF SAID BLOCK 12 AND THE POINT OF TANGENCY; THENCE NORTH 88-59'27" WEST ALONG SAID SOUTH LINE, 309.58; THENce NORTH 00-02'09" EAST, 312.55 FEET TO THE SOUTH LINE OF SAID BLOCK 7; THENCE NORTH 88-59'27" WEST ALONG SAID SOUTH LINE, 5.00 FEET TO THE POINT OF BEGINNING. SHEET 1 OF 3 SHEETS TOGETHER WITH: COMMENCING AT SAID REFERENCE POINT "A"; THENCE NORTH 00-02'09" EAST, 551.91 FEET TO THE POINT OF BEGINNING; THENCe NORTH 00-02'09" EAST, 6.10 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 50-46'09" EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 49-4S'36", AN ARC DISTANCE OF 20.84 FEET; THENCE NORTH 88-59'27" WEST, 152.24 FEET; THENCE SOUTH 45-33'42" WEST, 4.32 FEET; THENCE NORTH 88-59'27" WEST, 166.51 FEET THENCE SOUTH oo-02'09ItWEST, 11.51 FEET; THENCE SOUTH 88-59'27" EAST, 340.01 FEET TO THE POINT OF BEGINNING; SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA CONTAINING 9640 SQUARE FEET (0.221 AC~E), MORE OR lESS. LAND DESCRIPTION PREPARED BY: SHAH, OROTOS & ASSOCIA res, P.A. 3410 NORTH ANDREWS AVENUE EXTENSION POMPANO BEACH, FLORIDA 33064 PREPARED BY: MDR CHECKED BY: MDR PROJECT NO.: 0598800 FILE NAME: X:\CAD\SRUVEI0598AOO\RIGHT OF WAY VACATION June 20, 2005 REVISED AUGUST 1, 2005 SHEET 2 OF 3 SHEETS - ~.... ~ SilO III A J. I______i .. Ir---r----, 'I I I kl I I ~I I I I I I I e ~~-,b I I I I I I I I I I I I I I I I L - --__ 1__ ----1 I I I I I I I I I I I I I I "- I 1,-"t5 "=a I~aj I~ ( t;:j I "'" IQi!l:: ~~ I~~ I ~~ 1~8~~ I~", lI! I '" j 1 ~ ~ I ~ i ~ I ......, I Ill! I ~~.": : L<> I ~ I <::. I ~ I I I I I I I I -.-____--.J t!Olt-tIL-t'~tl :XV.:l . t'''6-$'t6-tS6 lHd 'S: lJ '''1::)0-& ouDdwOd . 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David Kelley, Jr., PElPSM ~ City Engineer FROM: DATE: May 22, 2006 REF: Our Memo #06-049, dated 04/25/06 SUBJECT: Request for Record Plat Review 500 Ocean Plaza, PUD Shah Drotos & Associates, LB#6456 We have previously sent you Memorandum #06-049 (copy attached) requesting your opinion to several questions in regards to the proposed "500 Ocean Plaza, PUD" record plat. These questions involve the name of the proposed plat and the dedication(s) as it (they) relate to the public sidewalks around the perimeter of the property that were abandoned by the City Commission via Ordinance #05-054. To date, I have received a response that will be applicable to our next record plat review. I request you input at your earliest convenience. If you have any questions regarding this matter, please advise me directly at x6988. Your prompt response to this will be appreciated. HDK/mr xc: Jeff Livergood, PE, Dir. ofP.W. Laurinda Logan, PE, Sr. Engr. Ken Hall, Plan Review Analyst, Engr. Div. Mike Rumpf, Dir. of P&Z Div. Peter Mazzella, Deputy Utility Director File fD), rn ~ ~ W ~ ~ lJt1 .24m ~ . OEPARTMENT OF DEVEI.0PMFNl 'tr\\~.:-?" i ' 0\\ ()\ \ !: ) l>-~J: / 10 ;j"'\)'-" DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 06-049 TO: Jim Cherof, Esq. City Attorney H. David Kelley, Jr., PE/PSM~ City Engineer FROM: DATE: April 25, 2006 SUBJECT: Request .for Record Plat Review 500 Ocean Plaza, pun Shah Drotos & Associates, LB#6456 I have reviewed the proposed record plat and legal descriptions contained therein for the above noted project. A couple of issues come to light that I request you legal opinion on. There are as follows: Name of Record Plat The proposed record plat name is "500 Ocean Plaza, PUD". We have directed the record plat preparer to remove the PUD designation, as the property will remain under one ownership, with leases and condominium units. In addition, this record plat is a boundary plat, which is not considered a PUD. There currently exist an OCEAN PLAZA shopping area in the 600 block of Ocean Avenue; it has been there for some 15+ years. Although it lies on lots created within another record plat (the Lawns, P.B. 9, Pg. 69, PRCR), the name has been in use for a long time. The City's LDR, Chapter 5 (platting), Article V, Section l.D.2. states that the plat title or name needs to be acceptable to the city. The name of the subdivision [development] shall not duplicate nor be phonetically similar to the name of any existing subdivision [development]. In lieu the name is the same (and only one block apart), we are requiring the record plat preparer to submit the document with another title. Apparently, the owners of the development are balking. Please advise me if our position is correct. DEDICATION(S) Currently, there is only one (1) dedication (except attached) set forth in the document. It states "Sidewalk easements, as shown hereon, are hereby dedicated to the City of Boynton Beach, Florida for the perpetual use ofthe public for public sidewalk purposes." Since Ordinance No. 05-054 abandoned the sidewalks on three (3) city streets (Ocean Avenue, SE 4th Street & SE 2nd Avenue), it my opinion that this "sidewalk easements dedication leaves a lot to be desired. First of all, it does not address any access easement(s); there are going to be access to all of the retail shops on the first floor, deliveries, etc. that have not been addressed. Secondly, the "easements" do not address any and all existing utilities located under the existing sidewalks (ie, telephone, fiber-optic, etc). Thirdly, it does not address the limited access easements (restrictions) normally required on these developments as to where vehicular access has been approved via the site plan approval process. The site plan shows one driveway (parking deck) access on SE 4th Street, four driveways accesses on SE 2nd Avenue, and one main driveway on Federal Highway. I respectively request you review and suggested language of the single dedication that could replace that which has been submitted to date. We are currently reviewing our other plat requirements to make sure that other issues are being addressed. If you have any questions regarding this matter, please advise me directly at x6988. Your prompt response to this will be appreciated, as we have been requested to expedite our plat review. xc: Jeff Livergood, PE, Dir. ofP.W. Laurinda Logan, PE, Sr. Engr. Ken Hall, Plan Review Analyst, Engr. Div. Mike Rumpf, Dir. of P&Z Div. Peter Mazzella, Deputy Utility Director File COMMENCING' AT THE IW -:SECTlON OF THE CENTERLINE OF CEAN AVENUE WITH THECENTERUNE O~ FEDERAL HIGHWAY (STATE ROAD NO.5, US HIGHWAY NO.1) (100 FOOT RIGHT-OF WAY). . THENCE NORTH 8frS9'27" WEST ALONG SAID CENTERLINE OF OCEAN AVENUE, 50.01 FEET; . THENCE SOUTH 00-02'09" WEST, 26.91 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00.02'09" WEST, S88.24 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE~ CONCAVE TO THE NORTHWEST (A RADIAL UNE THROUGH SAID POINT BEARS NORTH 44.03'28" WEST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 44.49'08", AN ARC DISTANCE OF 18.77 FEET TO THE POINT OF TANGENCY; . THENCE NORTH 8fr31'35" WEST, 313.23 FEET TO A POINT ON THE ARC or A NON~ TANGENT CURVE CONCAVE TO. THE NORTHEAST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 19"05'S4" EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 16.19 FEET, A CENTRAL ANGLE OF 49.54'09", AN ARC DISTANCE OF 14.10 FEET; ~ THENCE NORTH 00.02'09" EAST, 588.85 FEET; THENCE SOUTH 8Er59'27" EAST, 166.51 FEET; THENCE NORTH 45.33'42" EAST, 4.32 FEET: THENCE SOUTH a8"59,27-kAST, 152.24 "FEET TO THE BEGINNING OF A TANGENT CURVE CONCAvt. TO THE SOUTHWEST; THENCE SOUTHEASTERLY AlONG THE ARC OF SAID CURVE HAVING A RADIUS OF 24.00 FEET, A CENTRAL ANGLE OF 49.4S'36", AN ARC DISTANCE OF 20.84 FEET TO THE POINT OF BEGINNING. HAS CAUSED THE SAME TO . BE SURVEYED AND PLATTED AS SHOWN HEREON AND DO HEREBY DEDICATE AS FOllOWS. SIDEWALK EASEMENTS, AS SHOWN HEREON, ARE HEREBY DEDICATED TO THE CITY OF BOYNTON BEACH, FLORIDA FOR THE PERPETUAL USE OF THE PUBLIC . FOR PUBLIC SIDEWALK PURPOSES. IN WITNESS WHEREOF, THE ABOVE NAMED UMITED UABIUTY COMPANY HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITS' MANAGER, AND ITS SEAL TO BE AFFIXED HERETO, THIS DAY OF , 2006 WITNESS: BOYNTON VENTURES I, LlC PRINTED NAME: A FLORIDA UMITED lIABIlITY COMPANY WITNESS: PRINTED NAME: BY: PRINT NAME TITLE . --;0'.. "~ A.QE .~ FACSIMILE CITY OF BOYNTON BEACH City Hall, West Wing 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425 (561) 742-6260 (561) 742-6259 Fax From the office of Planning & Zoning TO: Lynn Swanson FAX: 742-6054 DATE: Michael Rumpf/Patricia Tucker NUMBER OF PAGES: (including cover) 4 FROM: 4/4/06 RE: The Arches Here it is. Pat u~ ~ p J:\SHRDATA\Planning\Planning Templates\P&Z Fax\P & D Blank Fax.dot If you receive this fax in error, or experience trouble with transmission, please notify our office immediately, at (561) 742-6260. Thank you. TRANSMISSION VERIFICATION REPORT TI....,E NA\o1E FA>< TE_ SE~.# 02/04/2002 20:36 PLANNING 5617426259 BROL3J876851 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 02/04 20:35 97426054 00:01:04 04 OK STANDARD ECM i"l~H' 29 06 11: 30a CI. Attorne~'s OFFice 561-~42-6054 p.2 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Dt,lIoplI.nt Paz ..IId", EllllIItIIl. Oce. U..... 0.,.., C/tJ ClerIc PROJECT NAME: The Arches AGENT: Bonnie Miske! and Kim Glas-Castro with Ruden McClosky AGENTS ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSIO : TYPE OF RELIEF SOUGHT: Request Major Site Plan Modification approval to construct a mixed-use development consisting of 378 dwelling units and 40,596 square feet of retaD on a 4.688-acre parcel zoned MU-H Mixed Use-High. LOCATION OF PROPERTY: Southwest comer of the intersection of Federal Highway and East Ocean Avenue DRAWING(S): SEe EXHIBIT"B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Ageocy Board, which Board found as follows: OR THIS MATTER-came on to be heard before the City Commission of the City of Boynton Beach. Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant. members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applipnt -X- HAS _ HAS NOT established by substantIal competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C. with notation .'nclUdedw. 2. 3. 4. The Applicant's application for relief is hereby 4 GRANTED subject to the conditions referenced In paragraph 3 hereof. _ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. Other ,4ppy"O j) lLi ,'s :su..bi~<.1 ft: /"~Z/)^-'/~,IJ. ~L()L'i.l.'. 6. 7. i1ar 29 06 11: 30a FAX From the desk of... Lynn Swanson Legal Assistant City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 Phone: (561) 742-6053 Fax: (561) 742-6054 SwansonL@ci.boynton-beach.fl.us CI+" AttornE!~ 's OFFiCE! 561-'742-6054 p. 1 Mike Rumpf To: 6259 Fax: Jim Cherof From: 3129106 Date: Two (2) including cover Pages: Arches Development Order. Mike: How can we reconcile these two dates? Jim d,%o ~ .~ ~~~h:r: cC ~ g-/I(p/OS- ~ .:i ~.~ ,~ ~ ~f~ ~ ~ ~~ ~ <-<- ~ ~ Vv--c. ~ ~-:: ~ ~~~ J~~~9-~' .-P -r~ ~ c ~ lu; (a~ rrtl! ~ ~'- ~~ ~r-., , ~- Page 1 of 1 Johnson, Eric From: Meacham, Barbara Sent: Friday, August 05, 2005 8:00 AM To: Johnson, Eric Subject: RE: Tree heights 24' high From: Johnson, Eric Sent: Wednesday, August 03,20052:19 PM To: Meacham, Barbara Subject: Tree heights Barbara, Quick question: Generally, how high would a royal palm tree (in overall height) be if it were installed at 12 feet of gray wood. Thanks, Eric 8/512005 Page 1 of 1 Johnson, Eric From: Nimesh Gheewala [NGheewala@hirschassociates.com] Sent: Thursday, August 04, 2005 2:22 PM To: johnsone@ci.boynton-beach.f1.us Cc: Howard Hirsch; ryan@maxwelle.com Subject: Arches at Boynton Beach Eric, Penthouse is used only for Elevator, Stair and Mechanical and it is not a habitable space. Profile roofs above the roof area are decorative only and not habitable. Thank you, Nimesh Gheewala Hirsch Associates, LLC. 225 W. Hubbard Street Chicago. IL 60610 P: 312-836-0011 x103 F: 312-836-0019 www.hirschassociates.com 8/512005 Johnson, Eric From: Sent: To: Cc: Subject: Large, Tim Thursday, August 04, 2005 8:40 AM Johnson, Eric Lee, Rick; Rumpf, Michael Arches projecU requirements for elevators Eric, The response from the architect did not answer your question regarding elevators in the parking garage. Therefore I want the following comment added into my conditions of approval. " An elevator shall be installed in the parking structure as required by Florida Statute 399.035(2) and the Florida Building Code sections 11-4.1.3(5) and 3003.4.1." It is the responsibility of the design professional to clearly identify the elevators on the plans and comply with the applicable codes and statutes. Thank you. Tim 1 Page 1 of 1 Johnson, Eric From: Nimesh Gheewala [NGheewala@hirschassociates.com] Sent: Wednesday, August 03, 20054:56 PM To: Johnson, Eric Subject: RE: The Arches at Boynton Beach We have an elevator and Lobby between Retail-A & B Nimesh Gheewala P: 312-836-0011 x103 From: Johnson, Eric [mailto:JohnsonE@ci.boynton-beach.fl.us] Sent: Wednesday, August 03, 2005 3:50 PM To: Nimesh Gheewala Subject: RE: The Arches at Boynton Beach Quick question: Does the parking garage have any elevators proposed within? I ask because there is a strong possibility that elevators may be required per Florida Building Code. Thanks, Erid From: Nimesh Gheewala [mailto:NGheewala@hirschassociates.com] Sent: Wednesday, August 03,20054:14 PM To: johnsone@cLboynton-beach.fl.us Cc: Howard Hirsch Subject: The Arches at Boynton Beach Eric, areas as you requested are; -Plaza: 21,506 SF. -Center Court: 35,615 SF. Please Contact me if you have any questions or comments. Thank you, Nimesh Gheewala Hirsch Associates, LLC. 225 W. Hubbard Street Chicago. IL 60610 P: 312-836-0011 x103 F: 312-836-0019 www.hirschassociates.com 8/5/2005 Johnson, Eric From: Sent: To: Subject: Rumpf, Michael Wednesday, August 03, 20054:24 PM Johnson, Eric text for Arches Under design Improvements have been made to both the project and plan graphics to show compliance with the CRA's design guidelines; however, staff observes room for continued improvement in the street-level portion of the project. Staff continues to provide the applicant with the option of providing more architectural elements to articulate the street level facade, or additional graphics or plan details to show compliance with the design guidelines. Additional elements would involve accentuation of the walkway covering, presence of arcades or similar features, and plinth, tiles or equivalent details. This is to support the design comment in the COA. Feel free to place in your words and clean up. Mike Michael Rumpf Planning & Zoning Director City of Boynton Beach 561-742-6260 1 Page 1 of 1 Johnson, Eric From: Nimesh Gheewala [NGheewala@hirschassociattls.com] Sent: Wednesday, August 03,20054:14 PM To: Johnson,Eric Cc: Howard Hirsch Subject: The Arches at Boynton Beach Eric, areas as you requested are; -Plaza: 21,506 SF. -Center Court: 35,615 SF. Please Contact me if you have any questions or comments. Thank you, Nimesh Gheewala Hirsch Associates, LLC. 225 W. Hubbard Street Chicago, IL 60610 P: 312-836-0011 x103 F: 312-836-0019 www.hirschassociates.com 8/512005 ,'(, ' L ~c: , I ( ,",C ~ Page 1 of 1 Rumpf, Michael From: Rumpf, Michael Sent: Monday, August 08, 2005 9:02 AM To: 'Peter C. Sayer' Subject: RE: Revised TART comments Peter, in case Sherie has not responded, I've attached both the staff report and the final conditions of approval. Let me know if you have any questions. The package was delivered to the CRA by Noon on Friday. Mike -----Original Message----- From: Peter C. Sayer [mailto:peter@maxwelle.com] Sent: Monday, August 08, 2005 7:59 AM To: Michael Rumpf Cc: ryan@maxwelle.com; Bonnie Miskel Subject: Revised TART comments Importance: High Mike, I hope you had a very pleasant weekend. We were working very hard to properly prepare for the series of review meetings we have in the next few weeks. As per our discussion on Tuesday of last week, we were prepared to receive the revised comments that were generated from TART review. As of yet, we have not received them. Although they were probably sent out as you indicated they would be, our attorney is out of the office and may not have had her cover forward them on to us. Would it be possible to get a direct copy of those comments first thing this morning? For obvious reasons, it is very important that we have time to review them and prepare subsequent responses. I have left Shari, in Planning and Zoning, a message regarding this as well. All of your help and assistance is greatly appreciate on this. Please let me know if there is anything else we can do to properly prepare. Best regards, Peter(*) Peter C. Sayer Maxwelle Real Estate Group, Inc. 3050 Aventura Boulevard - 3rd Floor Aventura, Florida 33180 305-792-7500 .0 305-792-2110 .f peter@maxwelle.com 8/812005 F\y: TART Pagei of7 Arc-~e.s Rumpf, Michael From: Rumpf, Michael Sent: Thursday, July 28, 2005 5:30 PM To: 'Glas-Castro, Kimberly' Subject: RE: The Arches Importance: High Kim, due to common sense, time savings and consistency, we logically provide a copy of the ad we prepare per our obligations. Also, it has been hard to let go and rely on the applicant to deliver accurate, complete and consistent legal notices. However, there is not an ad that we must prepare at this time. I understand what you are asking and why but based on the ordinance, it is ultimately the applicant's responsibility to prepare and process those ads. Technically, we should not have our hand in this process. Sorry for such news at this point. Let me know if you have further questions. Mike -----Original Message----- From: Glas-Castro, Kimberly [mailto:Kimberly.Glas-castro@ruden.com] Sent: Thursday, July 28,2005 1:59 PM To: Rumpf, Michael Subject: RE: The Arches so is the site plan proceeding to August 9th? - if so, it still needs to be noticed by your Ordinance and I usually get the notices from you all Kim Glas-Castro, AICP Certified Land Planner/Mediator Ruden McClosky 222 Lakeview Avenue Suite 800 West Palm Beach, FL 33401 561-838-4542 (direct) 561-514-3442 (fax) kim .glascastro@ruden.com From: Rumpf, Michael [mailto:RumpfM@ci.boynton-beach.fl.us] Sent: Thursday, July 28, 2005 1:59 PM To: Glas-Castro, Kimberly Subject: RE: The Arches Kim, from the exchanges, I'm not certain that he understands that the rezoning still cannot proceed given the different ad deadlines. Only the site plan/ht exception. Maybe you are. Mike -----Orig i na I Message----- From: Glas-Castro, Kimberly [mailto:Kimberly.Glas-castro@ruden.com] Sent: Thursday, July 28,2005 1:40 PM To: rumpfm@ci.boynton-beach.fl.us; Coale, Sherie; Johnson, Eric; breesee@ci.boynton-beach.fl.us Subject: The Arches Importance: High is there a public hearing notice prepared for The Arches that I can use for the mailing? 712812005 F\y:TART 7128/2005 Kim Glas-Castro, AICP Certified Land Planner/Mediator Ruden McClosky 222 Lakeview Avenue Suite 800 West Palm Beach, FL 33401 561-838-4542 (direct) 561-514-3442 (fax) kim.glascastro@ruden.com From: Ryan Weisfisch [mailto:ryan@maxwelle.com] Sent: Thursday, July 28, 2005 1 :37 PM To: Glas-Castro, Kimberly Cc: Miskel, Bonnie; 'Peter C. Sayer' Subject: RE: road abandonment Excellent so we can still make the date. I have not received any formal notices from Mike, but we are on the Aug 9, 2005 agenda. Let's conf w/ Bonnie and agree on course of action ASAP. 7E'9" Maxwelle Real Estate Group, Inc. 3050 Aventura Blvd. A ventura, Florida 33180 P~ 305-792-7500 F~ 305-792-2110 ryan@maxwelle.com From: Glas-Castro, Kimberly [mailto:Kimberly.Glas-Castro@ruden.com] Sent: Thursday, July 28, 2005 12:42 PM To: Ryan Weisfisch Cc: Miskel, Bonnie; Peter C. Sayer Subject: RE: road abandonment Importance: High Staff prepares the notices and provides them to the Applicant/Agent to mail out to property owners w/in 400' As we discussed yesterday, I have not been informed of any established meeting dates for these petitions. It is not until TART approves the petition(s) to move on to hearings that staff provides the notice(s) to us to send out.......did Mike Rumpf provide you with the notices? - if so, please forward and I will send out the notices and order the signs there is a 10 calendar day notice requirement - so the notices would have to go out tomorrow (+ signage posted on property) for an Aug 9th meeting Kim Glas-Castro, AICP Certified Land Planner/Mediator Ruden McClosky 222 Lakeview Avenue Page 2 of7 FW: TART 7/28/2005 Suite 800 West Palm Beach, FL 33401 561-838-4542 (direct) 561-514-3442 (fax) kim .glascastro@ruden.com From: Ryan Weisfisch [mailto:ryan@maxwelle.com] Sent: Thursday, July 28, 2005 12:25 PM To: Glas-Castro, Kimberly Cc: Miskel, Bonnie; 'Peter C. Sayer' Subject: RE: road abandonment Importance: High I am very confused.....P1ease help me out. Bonnie's e-mail is contradictory to yours. Everything to do with Site-plan Legal and Filings is 100% the responsibility of Ruden McClosky and has been since we retained your firm. Whether it you or Bonnie, one of you must take responsibility for this issue. From the beginning our dates were laid out for you and then reiterated on multiple occasions. We are scheduled for CRA on August 9,2005 and City Commission on August 16,2005, do we have enough time to comply with legal notice; Yes or No? Ifno then why? Thanks, ~ Maxwelle Real Estate Group, Inc. 3050 Aventura Blvd. A ventura, Florida 33180 P~ 305-792-7500 F~ 305-792-2110 ryan@maxwelle.com From: Glas-Castro, Kimberly [mailto:Kimberly.Glas-Castro@ruden.com] Sent: Thursday, July 28, 2005 10:49 AM To: Ryan Weisfisch Cc: Miskel, Bonnie Subject: RE: road abandonment the applicant's - what is the schedule for these petitions? Kim Glas-Castro, AICP Certified Land Planner/Mediator Ruden McClosky 222 Lakeview Avenue Suite 800 West Palm Beach, FL 33401 561-838-4542 (direct) Page 3 of7 FW: TART , 7128/2005 561-514-3442 (fax) kim.glascastro@ruden.com From: Ryan Weisfisch [mailto:ryan@maxwelle.com] Sent: Wednesday, July 27,20057:50 PM To: Miskel, Bonnie Cc: Glas-Castro, Kimberly; 'Peter C. Sayer' Subject: road abandonment Legal notice requirement for a rezoning/land use amendment is 30 days prior to the public hearing according to Mike, whose responsibility is it? Ours or is the city's. 7E'9" Maxwelle Real Estate Group, Inc. 3050 A ventura Blvd. Aventura, Florida 33180 P~ 305-792-7500 F~ 305-792-2110 ryan@maxwelle.com From: Rumpf, Michael [mailto:RumpfM@ci.boynton-beach.fl.us] Sent: Wednesday, July 27,20054:57 PM To: 'Ryan Weisfisch'; 'Bonnie.Miskel@ruden.com' Cc: Greene, Quintus; Breese, Ed Subject: RE: TART Ryan/Bonnie, I've been directed to forward the Arches Site Plan application to the CRA Board for their August 9th meeting. This decision making process, contrary to the established schedule, is happening quickly and if we aren't careful, mistakes may be made. The legal notice requirement for a rezoning/land use amendment is 30 days prior to the public hearing. Since that deadline is past, the land use/rezoning application cannot accompany the site plan at the August 9th meeting. Although I strongly oppose, and I'm sure your team did not intend, for the separation of the applications allowing the site plan to precede the requisite rezoning, this is the directive. However, I want to confirm that you are still accomplishing your objective if all items are not approved simultaneously on this earlier track. The abandonment applications will also lag due to the late modification to the application, and lack of staff to conduct the analysis and prepare staff reports. Please discuss this among yourselves and confirm your position. Sincerely, Mike -----Original Message---n From: Ryan Weisfisch [mailto:ryan@maxwelle.com] Sent: Tuesday, July 26, 2005 4:00 PM Page 4 of7 FW: TART 7/2812005 To: 'Bressner, Kurt' Cc: 'Bonnie Miskel'; 'Peter C. Sayer'; alex@maxwelle.com; jtaylor@co.palm- beach.fl.us; Michael Rumpf Subject: RE: TART Kurt, I was not aware that we were off the Aug 9, 2005 Agenda. We are ready for that meeting. and want to be on the Aug 9. 2005 CRA agenda. Any assistance that you could lend would be greatly appreciated. I am reading the e-mail below and was never informed or aware that we had the opportunity to have our TART meeting today. We only received CRA comments late last week, and my entire design team has been working on nothing else except for this project. All members (including out of town professionals) will be in attendance for a 2pm TART meeting with Staff on Tuesday August 2,2005. All comments have been addressed, and we look forward to moving from TART on the 2nd to CRA on the 9th to City Commission on the 16th. I am scheduled to meet wI you at 11 :00 am on Friday. If you want to advance that meeting I am available. Welcome Back, and many thanks for your help. 7E'9" Maxwelle Real Estate Group, Inc. 3050 A ventura Blvd. A ventura, Florida 33180 p~ 305-792-7500 F~ 305-792-2110 ryan@maxwelle.com From: Bressner, Kurt [mailto:BressnerK@ci.boynton-beach.fl.us] Sent: Tuesday, July 26, 2005 2:36 PM To: Ryan Weisfisch (ryan@maxwelle.com) Subject: FW: TART Importance: High Ryan, I just got back from vacation and saw the e-mails back and forth about the August CRA meeting. What is this? Did you cancel or did the City/ Kurt Page 5 of7 FW: TART 712812005 From: Coale, Sherie Sent: Tuesday, July 26, 2005 8:47 AM To: Breese, Ed; Hall, Ken; Hallahan, Kevin; Huntington, John; Johnson, Eric; Kelley, David; Large, Tim; Lee, Rick; Logan, Laurinda; Rivers, Jody Cc: Bressner, Kurt; Brooks, Vivian; Byrne, Nancy; Gage, Marshall; Greene, Quintus; Hutchinson, Douglas; Johnson, Don; Kemmer, Rodger; Lejeune, Carisse; Livergood, Jeffrey; Mazzella, Pete Subject: TART Importance: High Arches will not be here, will return on August 2. High Ridge still a go for 1 :30 in the Fire Training Room. NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 954-764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all ofthe contents ofthis message or any attachments may not have been produced by the sender. NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 954-764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 954-764-6660 and delete this message. Please note that if this Page 6 of7 FW: TART ,- "(c 1",<2'.-, Page 1 of2 Rumpf, Michael From: Rumpf, Michael Sent: Wednesday, July 27, 20054:57 PM To: 'Ryan Weisfisch'; 'Bonnie.Miskel@ruden.com' Cc: Greene, Quintus; Breese, Ed Subject: RE: TART Ryan/Bonnie, I've been directed to forward the Arches Site Plan application to the CRA Board for their August 9th meeting. This decision making process, contrary to the established schedule, is happening quickly and if we aren't careful, mistakes may be made. The legal notice requirement for a rezoning/land use amendment is 30 days prior to the public hearing. Since that deadline is past, the land use/rezoning application cannot accompany the site plan at the August 9th meeting. Although I strongly oppose, and I'm sure your team did not intend, for the separation of the applications allowing the site plan to precede the requisite rezoning, this is the directive. However, I want to confirm that you are still accomplishing your objective if all items are not approved simultaneously on this earlier track. The abandonment applications will also lag due to the late modification to the application, and lack of staff to conduct the analysis and prepare staff reports. Please discuss this among yourselves and confirm your position. Sincerely, Mike -----Original Message----- From: Ryan Weisfisch [mailto:ryan@maxwelle.com] Sent: Tuesday, July 26, 2005 4:00 PM To: 'Bressner, Kurt' Cc: 'Bonnie Miskel'; 'Peter C. Sayer'; alex@maxwelle.com; jtaylor@co.palm-beach.fl.us; Michael Rumpf Subject: RE: TART Kurt, I was not aware that we were off the Aug 9, 2005 Agenda. We are ready for that meeting. and want to be on the Aug 9. 2005 CRA agenda. Any assistance that you could lend would be greatly appreciated. I am reading the e-mail below and was never informed or aware that we had the opportunity to have our TART meeting today. We only received CRA comments late last week, and my entire design team has been working on nothing else except for this project. All members (including out of town professionals) will be in attendance for a 2pm TART meeting with Staff on Tuesday August 2,2005. All comments have been addressed, and we look forward to moving from TART on the 2nd to CRA on the 9th to City Commission on the 16th. I am scheduled to meet wI you at 11 :00 am on Friday. If you want to advance that meeting I am available. Welcome Back, and many thanks for your help. 7/27/2005 FW: TART Page 2 of2 7E'9" Maxwelle Real Estate Group, Inc. 3050 Aventura Blvd. Aventura, Florida 33180 P~ 305-792-7500 F~ 305-792-2110 ryan@maxwelle.com From: Bressner, Kurt [mailto:BressnerK@ci.boynton-beach.fl.us] Sent: Tuesday, July 26, 2005 2:36 PM To: Ryan Weisfisch (ryan@maxwelle.com) Subject: FW: TART Importance: High Ryan, I just got back from vacation and saw the e-mails back and forth about the August CRA meeting. What is this? Did you cancel or did the City/ Kurt From: Coale, Sherie Sent: Tuesday, July 26, 2005 8:47 AM To: Breese, Ed; Hall, Ken; Hallahan, Kevin; Huntington, John; Johnson, Eric; Kelley, David; Large, Tim; Lee, Rick; Logan, Laurinda; Rivers, Jody Cc: Bressner, Kurt; Brooks, Vivian; Byrne, Nancy; Gage, Marshall; Greene, Quintus; Hutchinson, Douglas; Johnson, Don; Kemmer, Rodger; LeJeune, carisse; Livergood, Jeffrey; Mazzella, Pete Subject: TART Importance: High Arches will not be here, will return on August 2. High Ridge still a go for 1 :30 in the Fire Training Room. 7/27/2005 FW: TART Page 1 of3 Rumpf, Michael From: Rumpf, Michael Sent: Tuesday, July 26, 2005 5:32 PM To: 'Ryan Weisfisch'; Bressner, Kurt; Greene, Quintus Cc: 'Bonnie Miskel' Subject: RE: TART Importance: High To all, Further explanation is warranted. I have to jump to first describe an oversight as the sandard cover sheet to the comments was not deliverd to project agents. This cover sheet provides the instructions for modifying the plans and the scheduled TART date. The reason for this deficiency is based on staff deviating from the standard system which would have had support staff assemble illI comments and foward them once all have been received. Because of the size of the project and current work load, comment submittals were slightly delayed. I decided not to have Ryan wait until all comments had been collected prior to forwarding to him. Instead, he received them in 3 increments, starting with the first set handed to him upon his visit to the office. The downside is that professional staff removed processing of it from the hands of the support staff who would normally include the cover sheet. Our oversight. However, I must explain that we are progressing as quickly as possible, and are still on schedule, as written in the formal schedule provided in the application. Although the applicant deserves all documentation, including the cover sheet, staff was not under the opinion that the applicants/agents were targeting the July 26th TART meeting due to the timing of the comments, discussions with the applicant on the status of plan changes (which continued until July 25th), and unresolved issues regarding density, abandonments, etc. We offer TART meetings every Tuesday allowing only a brief postponement if the scheduled meeting cannot be attended. However, there is enough time prior to the scheduled hearing dates to attend multiple TART meetings, make additional revisions, and resolve more complex issues in time for report preparation and hearings. That is conditioned upon timely return of revised plans and cooperation of all staff to expedite as necessary. I can understand the urgency, as Ryan is convicted to holding to promises and staying ahead of schedule. However, there could remain issues that are not getting satisfactory attention, and time needed following TART to resolve issues, complete necessary analyses, write staff reports (four or five depending on how the abandonments are itemized), and make the CRA deadline for back up distibution. Ryan and I have been speaking regularly about progress, project status, and comments. I know the condition of this project, and the remaining work load and the work load of this review cycle. We (the appliant and staff) are not ready for this to be pushed to the August 9th meeting. The "devil" is in the details. The deadline for the CRA package is next week! Mike [Rumpf, Michael] -----Original Message----- From: Ryan Weisfisch [mailto:ryan@maxwelle.com] Sent: Tuesday, July 26, 2005 4:00 PM To: 'Bressner, Kurt' Cc: 'Bonnie Miskel'; 'Peter C. Sayer'; alex@maxwelle.com; jtaylor@co.palm-beach.fl.us; Michael Rumpf 7/2712005 FW: TART Page 2 of3 Subject: RE: TART Kurt, I was not aware that we were off the Aug 9, 2005 Agenda. We are ready for that meeting. and want to be on the Aug 9. 2005 CRA agenda. Any assistance that you could lend would be greatly appreciated. I am reading the e-mail below and was never informed or aware that we had the opportunity to have our TART meeting today. We only received CRA comments late last week, and my entire design team has been working on nothing else except for this project. All members (including out of town professionals) will be in attendance for a 2pm TART meeting with Staff on Tuesday August 2,2005. All comments have been addressed, and we look forward to moving from TART on the 2nd to CRA on the 9th to City Commission on the 16th. I am scheduled to meet wI you at 11 :00 am on Friday. If you want to advance that meeting I am available. Welcome Sack, and many thanks for your help. 7E'9" Maxwelle R.eal Estate Group, Inc. 3050 A ventura Blvd. A ventura, Florida 33180 p~ 305-792-7500 F ~ 305-792-2110 ryan@maxwelle.com From: Bressner, Kurt [mailto:BressnerK@cLboynton-beach.fl.us] Sent: Tuesday, July 26, 2005 2:36 PM To: Ryan Weisfisch (ryan@maxwelle.com) Subject: FW: TART Importance: High Ryan, I just got back from vacation and saw the e-mails back and forth about the August CRA meeting. What is this? Did you cancel or did the City/ Kurt From: Coale, Sherie Sent: Tuesday, July 26, 2005 8:47 AM To: Breese, Ed; Hall, Ken; Hallahan, Kevin; Huntington, John; Johnson, Eric; Kelley, David; Large, Tim; Lee, Rick; Logan, Laurinda; Rivers, Jody Cc: Bressner, Kurt; Brooks, Vivian; Byrne, Nancy; Gage, Marshall; Greene, Quintus; Hutchinson, Douglas; Johnson, Don; Kemmer, Rodger; LeJeune, carisse; Livergood, Jeffrey; Mazzella, Pete 7/2712005 FW: TART Page 3 of3 Subject: TART Importance: High Arches will not be here, will return on August 2. High Ridge still a go for 1 :30 in the Fire Training Room. 7/27/2005 '!!!!!!!pf, Michael From: Sent: To: Subject: Rumpf, Michael Friday, July 22,200512:26 PM 'Bonnie. Miskel@ruden.com' Re: Arches comments Bonnie, I do not know if there is a special meeting set for August. The regular meeting is August 9th. Overflow meetings are typically anticipated when necessary by CRA staff. That varies but often about the third Thursday. This is not my "sandbox" as only Doug can speak to that. Mike Sent from my BlackBerry Wireless Handheld -----Original Message----- From: Miskel, Bonnie <Bonnie.Miskel@ruden.com> To: rumpfm@ci.boynton-beach.fl.us <rumpfm@ci.boynton-beach.fl.us> Sent: Fri Jul 22 10:30:03 2005 Subject: Re: Arches comments Does the CRA board meet August 23? Iif so, are you saying that we could not make that date? Further, if we can be heard then, would we make the first City commission meeting in September? Sent from my BlackBerry Wireless Handheld -----Original Message----- From: Rumpf, Michael <RumpfM@ci.boynton-beach.fl.us> To: 'Ryan Weisfisch' <ryan@maxwelle.com>; Hutchinson, Douglas <HutchinsonD@ci.boynton- beach.fl.us> CC: Bressner, Kurt <BressnerK@ci.boynton-beach.fl.us>; Greene, Quintus <GreeneQ@ci.boynton-beach.fl.us>; Miskel, Bonnie <Bonnie.Miskel@ruden.com> Sent: Thu Jul 21 18:25:23 2005 Subject: RE: Arches comments To all: The CRA comments were forwarded to Ryan first thing this a.m. so that issue is addressed. However, as for the processing schedule, I continue to warn that it is nearly impossible to make the August CRA meeting. I believe a potentially expeditious process was discussed at one of the 4 (if not more) preliminary meetings held on this project in May and June. I believe it may have been on June 7th, in the Finance Conference Rm. where expeditious options were discussed, and as always, are accompanied by disclaimers or conditions that are not known until the actual submittal date and during the review process when the actual work loads are experienced. Between 1 and 5 weeks after these meetings where held, the applications were filed, including applications for abandonment which was not totally understood and realized by staff preliminarilly. I do not want to be construed as contradicting any word given preliminarilly. Being very developer-accommodating, we look for ways to save time, and often perform "miracles". However, in this case, due to the actual submittal date, current work loads including special projects, project size and complexity (multiple abandonments, land use/rezoning, and major SP modification), and staff summer vacation schedules, it is very difficult to perform "miracles". If it is very beneficial to save a few weeks, there are options available that could ultimately save the same amount of time had the project gone forward in August: Requesting immediate forwarding to Commission following Board review (save 2 weeks), combining public hearing and 1st reading (save 2 weeks), preliminary permit review (savings unknown), and paying for overtime review (savings unknown and dependent upon staff availibility) . I apoligize if I have misled anyone when discussing possible expeditious opportunities. However, unless circumstances work out through the review, which are needed to eliminate an entire month from the review process, we must follow the schedule included in the 1 application, and look for corners along the way to save time. This is not the fault of Ryan's, as he has submitted on schedule and adequately responded to questions to date. I hope that is clear to all involved, and I commit to positively contributing to this review throughout the review life. Sincerely, Mike -----Original Message----- From: Ryan Weisfisch [ mailto:ryan@maxwelle.com] Sent: Thursday, July 21, 2005 8:15 AM To: Douglas Hutchinson Cc: jtaylor@co.palm-beach.fl.us; Kurt Bressner; 'Bonnie Miskel'; 'Peter C. Sayer'; alex@maxwelle.com; 'Rumpf, Michael' Subject: Arches comments Importance: High Doug, I want to thank you for your candor regarding my project and appreciate all of you comments at our 1st pre application meeting back on May 10, 2005. Immediately after that meeting my entire design team went to work to modify the project to incorporate all of your comments. I was very pleased when we met again in your offices on June 7, 2005. According to you, the new modified site plan met all your criteria including the shadow box displays along 4th street. I was pleasantly surprised that you guaranteed that I would have a list of local Artist that would pay us rent for that display space (don't worry, if there a temp vacancy in one of the shadow boxes I will not ask you personally to cover the short fall). In a continued effort to keep to my word to move the project along as expeditiously as possible for a project of this magnitude, I had 8 professionals from the design team and my JV partner attend our 2nd pre application meeting (June 14, 2005). After a combined 10- to 15 minute presentation from me and my lead architect explaining the changes that were made to incorporate all of the requests from our 1st meeting. We asked if anybody had questions, comments or suggestions. There were none!!! Since I had almost my entire team in the room, I asked again if there were any issues comments or concerns, and the only comment was that they were pleased that we had incorporated all of staff suggestions from the May meeting. Since you and I had met a week earlier with Vivian, your new Planner, I was not surprised that she had no additional suggestions or comments on the project from your office, since you had previewed all of the modifications prior to the meeting. On multiple occasions you mentioned to me that the Arches project is perhaps the most crucial project for the success of the downtown, and that because of its importance to the city and the CRA that you would do everything in your power to move the project along as quickly as possible. I have received 1st review comments from every other division but yours. I know that you are a very busy man because it never used to take me two weeks to get an appointment with you, but I made a commitment to the commissioners, your board members (the 5 who have seen the modified project all love it) and the city manager to do everything in my power to get into the ground this year. For this to happen, it is crucial that we make the August 9th, 2005 CRA meeting and greatly need your assistance and support. If the CRA has no written comments then that's great, but my entire design team and the city are waiting on you. As you well know, I have done everything within my power to bring this project to fruition as expeditiously as possible. Although not financially feasible, for the 2 betterment of the City, its constituents, the CRA and the project, to avoid any political fallout, I agreed to purchase the Katz and Leifer parcels at well above market rather than taking you up on your offer to use eminent domain. Again, please forward any and all necessary documentation immediately so we still have a shot at making the August 9th meeting. Many thanks, Ryan Please note our new office contact details. Maxwelle Real Estate Group, Inc. 3050 Aventura Blvd. Aventura, Florida 33180 P- 305-792-7500 F- 305-792-2110 ryan@maxwelle.com NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 954-764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. 3 ~f, Michael From: Sent: To: Cc: Subject: Rumpf, Michael Thursday, July21, 200512:41 PM 'dtolces@cityatty.net' Swanson, Lynn abandonment question re Arches project David, just a "heads-up" to you regarding a question to you or Jim anticipated from Bonnie Miskal. They are in need of more acreage for density reasons, and therefore propose to abandon strips of the ROW around the project, physically improve them in accordance with the approved plans, and then provide easements for public access. Engineering staff is just getting information on this, and preliminary object. Bonnie will likely contact you or Jim to get your feedback. Lynn, please forward to Jim and David if my address for David is incorrect. Thanks, Mike Michael Rumpf Planning & Zoning Director City of Boynton Beach 561-742-6260 1 Page 1 of2 f Rumpf, Michael ~~~c~ cy ~CG- From: Ryan Weisfisch [ryan@maxwelle.com] Sent: Thursday, July 21,20058:15 AM To: Douglas Hutchinson Cc: jtaylor@co.palm-beach.fl.us; Kurt Bressner; 'Bonnie Miskel'; 'Peter C. Sayer'; alex@maxwelle.com; 'Rumpf, Michael' Subject: Arches comments Importance: High Doug, I want to thank you for your candor regarding my project and appreciate all of you comments at our 1 st pre application meeting back on May 10, 2005. Immediately after that meeting my entire design team went to work to modify the project to incorporate all of your comments. I was very pleased when we met again in your offices on June 7, 2005. According to you, the new modified site plan met all your criteria including the shadow box displays along 4th street. I was pleasantly surprised that you guaranteed that I would have a list of local Artist that would pay us rent for that display space (don't worry, if there a temp vacancy in one of the shadow boxes I will not ask you personally to cover the short fall). In a continued effort to keep to my word to move the project along as expeditiously as possible for a project of this magnitude, I had 8 professionals from the design team and my JV partner attend our 2nd pre application meeting (June 14, 2005). After a combined 10- to 15 minute presentation from me and my lead architect explaining the changes that were made to incorporate all of the requests from our 1 st meeting. We asked if anybody had questions, comments or suggestions. There were none!!! Since I had almost my entire team in the room, I asked again if there were any issues comments or concerns, and the only comment was that they were pleased that we had incorporated all of staff suggestions from the May meeting. Since you and I had met a week earlier with Vivian, your new Planner, I was not surprised that she had no additional suggestions or comments on the project from your office, since you had previewed all of the modifications prior to the meeting. On multiple occasions you mentioned to me that the Arches project is perhaps the most crucial project for the success of the downtown, and that because of its importance to the city and the CRA that you would do everything in your power to move the proiect along as quickly as possible. I have received 1st review comments from every other division but yours. I know that you are a very busy man because it never used to take me two weeks to get an appointment with you, but I made a commitment to the commissioners, your board members (the 5 who have seen the modified project all love it) and the city manager to do everything in my power to get into the ground this year. For this to happen, it is crucial that we make the August 9th, 2005 CRA meeting and greatly need your assistance and support. If the CRA has no written comments then that's great, but my entire design team and the city are waiting on you. As you well know, I have done everything within my power to bring this project to fruition as expeditiously as possible. Although not financially feasible, for the betterment of the City, its constituents, the CRA and the project, to avoid any political fallout, I agreed to purchase the Katz and Leifer parcels at well above market rather than taking you up on your offer to use eminent domain. Again, please forward any and all necessary documentation immediately so we still have a shot at making the August 9th meeting. 7/21/2005 . Page 2 of2 Many thanks, 7E',.. Please note our flew office contact details. Maxwelle Real Estate Group, Inc. 3050 A ventura Blvd. A ventura, Florida 33180 P~ 305-792-7 500 F~ 305-792-2110 ryan@maxwelle.com 7/21/2005 FW: TART Pape 1 of2 A(c-~5 Rumpf, Michael From: Ryan Weisfisch [ryan@maxwelle.com] Sent: Tuesday, July 26, 20054:00 PM To: 'Bressner, Kurt' Cc: 'Bonnie Miskel'; 'Peter C. Sayer'; alex@maxwelle.com; jtaylor@co.palm-beach.f1.us; Michael Rumpf Subject: RE: TART Kurt, I was not aware that we were off the Aug 9, 2005 Agenda. We are ready for that meeting. and want to be on the Aug 9. 2005 CRA agenda. Any assistance that you could lend would be greatly appreciated. I am reading the e-mail below and was never informed or aware that we had the opportunity to have our TART meeting today. We only received CRA comments late last week, and my entire design team has been working on nothing else except for this project. All members (including out of town professionals) will be in attendance for a 2pm TART meeting with Staff on Tuesday August 2,2005. All comments have been addressed, and we look forward to moving from TART on the 2nd to CRA on the 9th to City Commission on the 16th. I am scheduled to meet wi you at 11 :00 am on Friday. If you want to advance that meeting I am available. Welcome Back, and many thanks for your help. 7E'9" Maxwelle R.eal E.state Group, Inc. 3050 Aventura Blvd. A ventura, Florida 33180 p~ 305-792-7500 F~ 305-792-2110 ryan@maxwelle.com From: Bressner, Kurt [mailto:BressnerK@ci.boynton-beach.fl.us] Sent: Tuesday, July 26, 2005 2:36 PM To: Ryan Weisfisch (ryan@maxwelle.com) Subject: FW: TART Importance: High Ryan, I just got back from vacation and saw the e-mails back and forth about the August CRA meeting. What is this? Did you cancel or did the City/ Kurt 7127/2005 FW: TART Page 2 of2 From: Coale, Sherie Sent: Tuesday, July 26, 2005 8:47 AM To: Breese, Ed; Hall, Ken; Hallahan, Kevin; Huntington, John; Johnson, Eric; Kelley, David; Large, Tim; Lee, Rick; Logan, Laurinda; Rivers, Jody Cc: Bressner, Kurt; Brooks, Vivian; Byrne, Nancy; Gage, Marshall; Greene, Quintus; Hutchinson, Douglas; Johnson, Don; Kemmer, Rodger; LeJeune, carisse; Livergood, Jeffrey; Mazzella, Pete Subject: TART Importance: High Arches will not be here, will return on August 2. High Ridge still a go for 1 :30 in the Fire Training Room. 7/2712005 Re: The Arches Page 2 of8 -----Original Message----- From: Glas-Castro, Kimberly [mailto:Kimberly.Glas-Castro@ruden.com] Sent: Thursday, July 28, 2005 1 :40 PM To: rumpfm@ci.boynton-beach.fl.us; Coale, Sherie; Johnson, Eric; breesee@ci.boynton-beach.fl.us Subject: The Arches Importance: High is there a public hearing notice prepared for The Arches that I can use for the mailing? Kim Glas-Castro, AICP Certified Land Planner/Mediator Ruden McClosky 222 Lakeview Avenue Suite 800 West Palm Beach, FL 33401 561-838-4542 (direct) 561-514-3442 (fax) kim.glascastro@ruden.com From: Ryan Weisfisch [mailto:ryan@maxwelle.com] Sent: Thursday, July 28, 2005 1:37 PM To: Glas-Castro, Kimberly Cc: Miskel, Bonnie; 'Peter C. Sayer' Subject: RE: road abandonment Excellent so we can still make the date. I have not received any formal notices from Mike, but we are on the Aug 9,2005 agenda. Let's confw/ Bonnie and agree on course of action ASAP. Ryan Maxwelle Real Estate Group, Inc. 3050 A ventura Blvd. Aventura, Florida 33180 P- 305-792-7500 F- 305-792-2110 ryan@maxwelle.com From: Glas-Castro, Kimberly [mailto:Kimberly.Glas-Castro@ruden.com] Sent: Thursday, July 28,2005 12:42 PM To: Ryan Weisfisch Cc: Miskel, Bonnie; Peter C. Sayer Subject: RE: road abandonment Importance: High 7/29/2005 Re: The Arches Page 3 of8 Staff prepares the notices and provides them to the Applicant/Agent to mail out to property owners wlin 400' As we discussed yesterday, I have not been informed of any established meeting dates for these petitions. It is not until TART approves the petition(s) to move on to hearings that staff provides the notice(s) to us to send out.......did Mike Rumpfprovide you with the notices? - if so, please forward and I will send out the notices and order the sIgns there is a 10 calendar day notice requirement - so the notices would have to go out tomorrow (+ signage posted on property) for an Aug 9th meeting Kim Glas-Castro, AICP Certified Land Planner/Mediator Ruden McClosky 222 Lakeview Avenue Suite 800 West Palm Beach, FL 33401 561-838-4542 (direct) 561-514-3442 (fax) kim.glascastro@ruden.com From: Ryan Weisfisch [mailto:ryan@maxwelle.com] Sent: Thursday, July 28,2005 12:25 PM To: Glas-Castro, Kimberly Cc: Miskel, Bonnie; 'Peter C. Sayer' Subject: RE: road abandonment Importance: High I am very confused.....Please help me out. Bonnie's e-mail is contradictory to yours. Everything to do with Site-plan Legal and Filings is 100% the responsibility of Ruden McClosky and has been since we retained your firm. Whether it you or Bonnie, one of you must take responsibility for this issue. From the beginning our dates were laid out for you and then reiterated on multiple occasions. We are scheduled for 7/29/2005 Re: The Arches Page 4 of8 CRA on August 9,2005 and City Commission on August 16, 2005, do we have enough time to comply with legal notice; Yes orNo? If no then why? Thanks, Ryan Maxwelle Real Estate Group, Inc. 3050 A ventura Blvd. A ventura, Florida 33180 P- 305-792-7500 F- 305-792-2110 ryan@maxwelle.com From: Glas-Castro, Kimberly [mailto:Kimberly.G1as-Castro@ruden.com] Sent: Thursday, July 28,2005 10:49 AM To: Ryan Weisfisch Cc: Miske!, Bonnie Subject: RE: road abandonment the applicant's - what is the schedule for these petitions? Kim Glas-Castro, AICP Certified Land P1anner/Mediator Ruden McClosky 222 Lakeview Avenue Suite 800 West Palm Beach, FL 33401 561-838-4542 (direct) 561-514-3442 (fax) kim.g1ascastro@ruden.com 7/29/2005 Re: The Arches Page 5 of8 From: Ryan Weisfisch [mailto:ryan@maxwelle.com] Sent: Wednesday, July 27, 20057:50 PM To: Miskel, Bonnie Cc: Glas-Castro, Kimberly; 'Peter C. Sayer' Subject: road abandonment Legal notice requirement for a rezoning/land use amendment is 30 days prior to the public hearing according to Mike, whose responsibility is it? Ours or is the city's. Ryan Maxwelle Real Estate Group, Inc. 3050 A ventura Blvd. A ventura, Florida 33180 P- 305-792-7500 F- 305-792-2110 ryan@maxwelle.com From: Rumpf, Michael [mailto:RumpfM@ci.boynton-beach.fl.us] Sent: Wednesday, July 27, 2005 4:57 PM To: 'Ryan Weisfisch'; 'Bonnie.Miskel@ruden.com' Cc: Greene, Quintus; Breese, Ed Subject: RE: TART RyanIBonnie, I've been directed to forward the Arches Site Plan application to the CRA Board for their August 9th meeting. This decision making process, contrary to the established schedule, is happening quickly and if we aren't careful, mistakes may be made. The legal notice requirement for a rezoning/land use amendment is 30 days prior to the public hearing. Since that deadline is past, the land use/rezoning application cannot accompany the site plan at the August 9th meeting. Although I strongly oppose, and I'm sure your team did not intend, for the separation of the applications allowing the site plan to precede the requisite rezoning, this is the directive. However, I want to confirm that you are still accomplishing your objective if all items are not approved simultaneously on this earlier track. The abandonment applications will also lag due to the late modification to the application, and lack of staff to conduct the analysis and prepare staff reports. Please discuss this among yourselves and confirm your position. 712912005 Re: The Arches Page 6 of8 Sincerely, Mike -----Original Message----- From: Ryan Weisfisch [mailto:ryan@maxwelle.com] Sent: Tuesday, July 26, 2005 4:00 PM To: 'Bressner, Kurt' Cc: 'Bonnie MiskeI'; 'Peter C. Sayer'; alex@maxwelle.com; jtaylor@co.palm-beach.fl.us; Michael Rumpf Subject: RE: TART Kurt, I was not aware that we were off the Aug 9, 2005 Agenda. We are ready for that meeting, and want to be on the Aug 9, 2005 CRA agenda. Any assistance that you could lend would be greatly appreciated. I am reading the e-mail below and was never informed or aware that we had the opportunity to have our TART meeting today. We only received CRA comments late last week, and my entire design team has been working on nothing else except for this project. All members (including out of town professionals) will be in attendance for a 2pm TART meeting with Staff on Tuesday August 2,2005. All comments have been addressed, and we look forward to moving from TART on the 2nd to CRA on the 9th to City Commission on the 16th. I am scheduled to meet wi you at 11 :00 am on Friday. If you want to advance that meeting I am available. Welcome Back, and many thanks for your help. Ryan Maxwelle Real Estate Group, Inc. 3050 A ventura Blvd. Aventura, Florida 33180 P- 305-792-7500 F- 305-792-2110 ryan@maxwelle.com From: Bressner, Kurt [mailto:BressnerK@ci.boynton-beach.fl.us] Sent: Tuesday, July 26, 2005 2:36 PM To: Ryan Weisfisch (ryan@maxwelle.com) Subject: FW: TART Importance: High 712912005 Re: The Arches Page 7 of8 Ryan, I just got back from vacation and saw the e-mails back and forth about the August CRA meeting. What is this? Did you cancel or did the City/ Kurt From: Coale, Sherie Sent: Tuesday, July 26,20058:47 AM To: Breese, Ed; Hall, Ken; Hallahan, Kevin; Huntington, John; Johnson, Eric; Kelley, David; Large, Tim; Lee, Rick; Logan, Laurinda; Rivers, Jody Cc: Bressner, Kurt; Brooks, Vivian; Byrne, Nancy; Gage, Marshall; Greene, Quintus; Hutchinson, Douglas; Johnson, Don; Kemmer, Rodger; Lejeune, Carisse; Livergood, Jeffrey; Mazzella, Pete Subject: TART Importance: High Arches will not be here, will return on August 2. High Ridge still a go for I :30 in the Fire Training Room. NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 954-764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 954-764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 954-764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. 7/29/2005 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 Tony Masilotti, Chairman Addie L. Greene. Vice Chairperson Karen T. Marcus Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson County Administrator Robert Weisman "An Equal Opportunity Affinnative Action Employer- @ printed on recycled paper June 29, 2005 Mr. Michael W. Rumpf Director of Planning & Zoning Department of Development City of Boynton Beach P.O. Box 310 Boynton Beach, FL 34425-0310 RE: Arches at Boynton Beach TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Mr. Rumpf: The Palm Beach County Traffic Division has reviewed the traffic statement for the proposed mixed use re-development project entitled; Arches at Boynton Beach, pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. This project is summarized as follows: Location: Municipality: Existing Uses: Proposed Use: New Daily Trips: New PH Trips: Build-out Year: West side of Federal Highway, south of Ocean Avenue, east of 4th Street, and north of 2nd Avenue. Boynton Beach 62,000 SF general Retail, 5,775 SF HT Restaurant, and 5 MF Residential Units. 43,360 SF General Retail, and 378 Multi-Family Residential Units (T own-Homes). 1,008 69 AM and 42 PM 2010 Based on our review, the Traffic Division has determined that the proposed mixed-use project is located within the designated Boynton Beach TCEA, and therefore meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the town, after the build-out date specified above. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. Sincerely, If you have any questions regarding this determination, please contact me at 684-4030. OF~ICE OF THE COUN /1~ .- ' Masoud Atefi, MS Sr. Engineer - Tra ~ ~ @ ~ n \fl ~, WI I U!, . \ "11 \ . _' lTIJrNT ('1= OEVHOPME Nl \ [If. PAt , -:..-- .- cc: Kimley-Horn & Associates, Inc. File: General - TPS - Mun - Traffic Study Review F:\TRAFFIClmalAdminlApprovals'D50621.doc .Iuly 2R. '1005 :V1r. Ryan W~isnst'h Maxwelle Real E:'illlirC firoup tnc. 3050 Avcnlura Blvd. jrd Floor A venlurcl, fL 33180 Re; Arches Pro..iect Incentive Agreemcms Deal'R)'an: It nppears that tll\.\ Arches Proje".,t ,..ill present a ne\\' proposed sit.e plan at the August 1)11i CRAMeeting. Ifyoll \vish tor the CRA Board t(, nlsQ cQm;idcr !.he issue of !.he Direct Lnccmive Agrcccrlll:.'nh.. please send me a wril!en request fM the eRA to do so. The Direct Incentive Agreemems arc tied u) the orig.inaI approved site plan. The request can be c.onsidcrcd althis or a future date_ 'Ibe Board solely control:,; the Incentive Program and will have the to1l0\ving opLions; dt~ny 1he Agrecrm.~nls tor lht..' ne\\! site plan, extend the Agreen"lcnt'i to the neloV site plan, modify the J\greements, rescore the Pn:ycct undcr the original Program Guidelines. or J'escorc the l)r()jC:~~l undl::r current Program Guideline~, Tn ~n)' event, the original appHcationinformation will need to be updated to match the new Project. Because this Prqjcct is mo~ing lOf\vard ahead ofnonnal schedule, please send the upi1tted application materials by August 2nd at 5:00 pIn so thalthc,Y ,"an be placed in the eRA. Board packages, or if you wish. the Incentive Agreemems tuny be considered in September. Plea'le let me know yom direction. BOYNTON BeACH COMMUNIlYREDEVEJ.OPMENT AGENCY 639 E. Ocean Ave. sta. 103 Boynton Beach. Fl 33435 Office: 561-737.3256 · Fox: 561-737-3258 www.boyntonbeachcra.org ~ I . " .' , " C. -: \ ,>. .('" r ... 06/30/2005 02:02 NO. 004 [;1001 @ BEI.LSOurn~ Engineering Department 32151: 2nd Street, 2"" Floor Delray Beach, Aorida 33444 June 29) 2005 Bharat Shah) P .E. SDA & Associated 3410 N. Andrews Ave En Pompano Beach) FL 33064 -And- Ryan Weisfisch Boynton Ventures 1 3050 Aventura Blvd. 3rd Floor Aventura, F133180 Re: Manhole Access & Easement Agreement Mr. Weisfisch, This is to inform you that based on our field meetings, BellSouth will agree to a Statement of No Objection to the proposed abandonment of the 20' alleyway, sidewalks, SE 1ST A V and construction of The Arches at Boynton Beach. The conditions will include the following: " A utility easement will be provided to support BellSoutb. s main conduit system that is underground through the existing alley and rights of way. . Appropriate relocation costs to rearrange existing telecommunication lines on the site and in direct vicinity of the Arches project. ... BellSouth will require conduit structure for future cable placements under an area of the proposed project where constroction of conduit would not be practical after completion of the Arches Project. BellSouth with work with the Arches architect to design the specific location(s) of necessary structure(s). . Vehicular access of to the area where the existing Be11South Manhole is located twenty-four hours/seven days a week. The access must have a width of no less than Fifteen (15) feet for agreement Please contact my office to discuss the conditions of this concurrence. S~ero1y, ::R _ J3~ Stephen R. Buck D.S.P. Specialist Cc: Robert C. Lowen, Douglas E. Hewlett Page 1 of3 ft{~ Rumpf, Michael From: Ryan Weisfisch [ryan@maxwelle.com] Sent: Monday, July 25,20059:36 AM To: 'Rumpf, Michael'; 'Hutchinson, Douglas' Cc: 'Bressner, Kurt'; 'Greene, Quintus'; 'Bonnie Miskel' Subject: RE: Arches comments Let's talk today and see what we can do. Many thanks 7E'9" Please Ilote our Ilew office cOlltact details. Maxwelle Real Lstate Group, Inc. 3050 A ventura Blvd. A ventura, Florida 33180 p~ 305-792-7500 F~ 305-792-2110 ryan@maxwelle.com From: Rumpf, Michael [mailto:RumpfM@cLboynton-beach.fl.us] Sent: Thursday, July 21, 2005 6:25 PM To: 'Ryan Weisfisch'; Hutchinson, Douglas Cc: Bressner, Kurt; Greene, Quintus; 'Bonnie Miskel' Subject: RE: Arches comments To all: The CRA comments were forwarded to Ryan first thing this a.m. so that issue is addressed. However, as for the processing schedule, I continue to warn that it is nearly impossible to make the August CRA meeting. I believe a potentially expeditious process was discussed at one of the 4 (if not more) preliminary meetings held on this project in May and June. I believe it may have been on June 7th, in the Finance Conference Rm. where expeditious options were discussed, and as always, are accompanied by disclaimers or conditions that are not known until the actual submittal date and during the review process when the actual work loads are experienced. Between 1 and 5 weeks after these meetings where held, the applications were filed, including applications for abandonment which was not totally understood and realized by staff preliminarilly. I do not want to be construed as contradicting any word given preliminarilly. Being very developer- accommodating, we look for ways to save time, and often perform "miracles". However, in this case, due to the actual submittal date, current work loads including special projects, project size and complexity (multiple abandonments, land use/rezoning, and major SP modification), and staff summer vacation schedules, it is very difficult to perform "miracles". If it is very beneficial to save a few weeks, there are options available that could ultimately save the same amount of time had the project gone forward in August: Requesting immediate forwarding to Commission following Board review (save 2 weeks), combining public hearing and 1st reading (save 2 weeks), preliminary permit review (savings unknown), and paying for overtime review (savings unknown and dependent upon staff availibility). I apoligize if I have misled anyone when discussing possible expeditious opportunities. However, unless circumstances work out through the review, which are needed to eliminate an entire month from the review process, we must follow the schedule included in the application, and look for corners along the way to save time. This is not the fault of Ryan's, as he has submitted on schedule and adequately responded to questions to date. I hope that is clear to all involved, and I commit to positively contributing to this review throughout the review life. 7/25/2005 Page 2 of3 Sincerely, Mike -----Orig i na I Message----- From: Ryan Weisfisch [mailto:ryan@maxwelle.com] Sent: Thursday, July 21, 20058:15 AM To: Douglas Hutchinson Cc: jtaylor@co.palm-beach,fl.us; Kurt Bressner; 'Bonnie Miskel'; 'Peter C. Sayer'; alex@maxwelle.com; 'Rumpf, Michael' Subject: Arches comments Importance: High Doug, I want to thank you for your candor regarding my project and appreciate all of you comments at our 1 st pre application meeting back on May 10, 2005. Immediately after that meeting my entire design team went to work to modify the project to incorporate all of your comments. I was very pleased when we met again in your offices on June 7,2005. According to you, the new modified site plan met all your criteria including the shadow box displays along 4th street. I was pleasantly surprised that you guaranteed that I would have a list of local Artist that would pay us rent for that display space (don't worry, if there a temp vacancy in one of the shadow boxes I will not ask you personally to cover the short fall). In a continued effort to keep to my word to move the project along as expeditiously as possible for a project of this magnitude, I had 8 professionals from the design team and my JV partner attend our 2nd pre application meeting (June 14, 2005). After a combined 10- to 15 minute presentation from me and my lead architect explaining the changes that were made to incorporate all of the requests from our 1 st meeting. We asked if anybody had questions, comments or suggestions. There were none!!! Since I had almost my entire team in the room, I asked again if there were any issues comments or concerns, and the only comment was that they were pleased that we had incorporated all of staff suggestions from the May meeting. Since you and I had met a week earlier with Vivian, your new Planner, I was not surprised that she had no additional suggestions or comments on the project from your office, since you had previewed all of the modifications prior to the meeting. On multiple occasions you mentioned to me that the Arches project is perhaps the most crucial project for the success of the downtown, and that because of its importance to the city and the CRA that you would do everything in your power to move the proiect along as Quickly as possible. I have received 1 st review comments from every other division but yours. I know that you are a very busy man because it never used to take me two weeks to get an appointment with you, but I made a commitment to the commissioners, your board members (the 5 who have seen the modified project all love it) and the city manager to do everything in my power to get into the ground this year. For this to happen, it is crucial that we make the August 9th, 2005 CRA meeting and greatly need your assistance and support. If the CRA has no written comments then that's great, but my entire design team and the city are waiting on you. As you well know, I have done everything within my power to bring this project to fruition as expeditiously as possible. Although not financially feasible, for the betterment of the City, its constituents, the CRA and the project, to avoid any political fallout, I agreed to purchase the Katz and Leifer parcels at well above market rather than taking you up on your offer to use eminent domain. Again, please forward any and all necessary documentation immediately so we still have a shot 7125/2005 Page 3 of3 at making the August 9th meeting. Many thanks, 7E'9" Please note our new office contact details. Maxwelle Real Estate Group, Inc. 3050 Aventura Blvd. A ventura, Florida 33180 p~ 305-792-7500 F~ 305-792-2110 ryan@maxwelle.com 7/25/2005 Page 1 of 1 Rumpf, Michael From: Rumpf, Michael Sent: Wednesday, July 20,200512:51 PM To: 'Ryan Weisfisch' Subject: RE: Ryan, due to obligations in connection with the evening meeting I was unable to review the comments with Ed yesterday as promised. However, we spoke about the comments, and in particular, the issue of density and land area at the meeting. Kim joined us in conversation and a question regarding land area led her to explain that the city had ok'd using the city park for density. I responded negatively, and that it was my understanding from our last meeting prior to submittal, that since the land use amendment/rezoning of the additional land previsouly excluded could easily be included in the submittal, there was no issue of land shortage and density. We tried to contact Bonnie this a.m. but have only left a message. The fact that land area totals conflict on the different drawings, and the excess dwelling units over density, further supports our concerns regarding the depth of this matter. A conference call with Bonnie and yourself would be beneficial at this point; however, the comments have been finaled for forwarding to you to allow your designers to progress while we talk. Mike -----Original Message----- From: Ryan Weisfisch [mailto:ryan@maxwelle.com] Sent: Wednesday, July 20, 2005 12: 13 PM To: 'Michael Rumpf Cc: 'Peter C. Sayer'; alex@maxwelle.com Subject: Mike, Thanks for your support and time yesterday. It is greatly appreciated. My team has addressed almost all of the issues and will have the adjustments to you this week. Please let me know when P&Z comments (if there are none---no problems here) are being faxed so that I have someone looking out for them. Many thanks ~ Please note our new office contact details. Maxwelle Real Estate Group, Inc. 3050 A ventura Blvd. A ventura, Florida 33180 p~ 305-792-7500 F~ 305-792-2110 ryan@maxwelle.com 7/2012005 Page 1 of2 Rumpf, Michael From: Rumpf, Michael Sent: Thursday, July 21,20056:25 PM To: 'Ryan Weisfisch'; Hutchinson, Douglas Cc: Bressner, Kurt; Greene, Quintus; 'Bonnie Miskel' Subject: RE: Arches comments To all: The CRA comments were forwarded to Ryan first thing this a.m. so that issue is addressed. However, as for the processing schedule, I continue to warn that it is nearly impossible to make the August CRA meeting. I believe a potentially expeditious process was discussed at one of the 4 (if not more) preliminary meetings held on this project in May and June. I believe it may have been on June 7th, in the Finance Conference Rm. where expeditious options were discussed, and as always, are accompanied by disclaimers or conditions that are not known until the actual submittal date and during the review process when the actual work loads are experienced. Between 1 and 5 weeks after these meetings where held, the applications were filed, including applications for abandonment which was not totally understood and realized by staff preliminarilly. I do not want to be construed as contradicting any word given preliminarilly. Being very developer- accommodating, we look for ways to save time, and often perform "miracles". However, in this case, due to the actual submittal date, current work loads including special projects, project size and complexity (multiple abandonments, land use/rezoning, and major SP modification), and staff summer vacation schedules, it is very difficult to perform "miracles". If it is very beneficial to save a few weeks, there are options available that could ultimately save the same amount of time had the project gone forward in August: Requesting immediate forwarding to Commission following Board review (save 2 weeks), combining public hearing and 1 st reading (save 2 weeks), preliminary permit review (savings unknown), and paying for overtime review (savings unknown and dependent upon staff availibility). I apoligize if I have misled anyone when discussing possible expeditious opportunities. However, unless circumstances work out through the review, which are needed to eliminate an entire month from the review process, we must follow the schedule included in the application, and look for corners along the way to save time. This is not the fault of Ryan's, as he has submitted on schedule and adequately responded to questions to date. I hope that is clear to all involved, and I commit to positively contributing to this review throughout the review life. Sincerely, Mike -----Original Message----- From: Ryan Weisfisch [mailto:ryan@maxwelle.com] Sent: Thursday, July 21, 2005 8: 15 AM To: Douglas Hutchinson Cc: jtaylor@co.palm-beach.fl.us; Kurt Bressner; 'Bonnie Miskel'; 'Peter C. Sayer'; alex@maxwelle.com; 'Rumpf, Michael' Subject: Arches comments Importance: High Doug, I want to thank you for your candor regarding my project and appreciate all of you comments at our 1 st pre application meeting back on May 10, 2005. Immediately after that meeting my entire design team went to work to modify the project to incorporate all of your comments. I was very pleased when we met again in your offices on June 7, 2005. According to you, the new modified site plan met all your criteria including the shadow box displays along 4th street. I was pleasantly surprised that you guaranteed that I would have a list of local Artist that would pay us rent for that 7/21/2005 ~ THE SCHOOl D1STRlCT OF PALM BEACH COUNTY, FLORIDA PlANNING DEPARTMENT 3300 FOREST HILL BLVD., C-11 0 WEST PALM BEACH. FL 33406-5813 (561) 4~20 FAX: (561) 434-8187 ARTHURC. JOHNSON. Ph.D. SUPERINTENDENT June 29, 2005 Mr. Dick Hudson Senior Planner City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 RE: CONCURRENCY DETERMINATION AMENDMENT - CASE NUMBER #03040901C- THE ARCHES AT BOYNTON Dear Mr. Hudson: The Palm Beach County School District has reviewed the request for a Concurrency Determination Amendment on the above referenced project for 380 high rise apartments (276 existing units and 104 new units). Attached please find the approved Palm Beach County School District Concurrency Application and Service Provider Form for The Arches at Boynton. This Concurrency Determination is valid for one (1) year from the date of issuance. Once a Development Order has been issued for the project, the concurrency determination will be valid for the life of the Development Order. If you have any questions regarding this determination, please feel free to contact me at (561) 434-7343. cc: Kim Glas-Castro at Ruden McClosky enc. L: \Planning\Public\INTERGOV\Concurrency\Concurrency Determination Letters\Concurrency\C03 04090 1 A.doc AN. EQUAL OPPORTUNITY EMPLOYER y '" CD The School District of Pabn Beach County Planning Department 3320 Forest Hill BI\I<I. C-ll0 West Palm Beach. Fl 33406-5813 Phone: (561) 434-8800 or (581) 963-3877 Fax: (561) 434-8187 or (561) 434-8815 Attention: Concurrency The School District of Palm Beach County School Concurrency Application & Service Provider Form Instructions: Submit one copy of the completed application and fees for each new residential project requiring a determination of concurrency for schools. A determination will be provided within fifteen (15) working days of receipt of a complete application. A determination is not transferable and is valid for one year from date of issuance. Once the Development Order is issued. the concurrency determination shall be valid for the life of the Development Order. Please check (.J) type of application (one only): {lOi Concurrency Determination [ ] Concurrency Exemption [ ] Concurrency Equivalency [ ] Adequate School Facilities Determination [ ] Letter of No Impact [ ] Time Extension Fees: Concurrency Determination or Adequate School FlclliUos Determination ($200.00 for more than 20 units /20 units or less $100.00); Equivalency 1$125.00); exemption or Letter of No Impact ($25.00); rune Extension 1$75.00) '-~r"~=~",~~~",O'~" ~ . ,~. _~=~"". ..".~~~~~~=.. ~.~_~.,._ tl ,~ ~"'''' ': f'.""'-'t!<J:"~';'}'''''::"..f''' """ "',"'A ".j,...., 'I'~'" C")I"J} ,.~~r: ~,;: ~ ;"",'-~':'" ,'J, -.-'l,.;::r.;B J.,..;i3J:.'}t ,:"..,...:...t1,~r~:,:t.:;::r fi .!:..(,-' - '~~v-f ':"'- "='F:J'~ '",r>-'9.JII...,. ~ ,... ;;~~""<,,, -..t.:...L:~_' r'~"";~__...,..~=_'L.u.. Please attach a copy offhe _~~orded wananlydeed and consentfonn Project Name: The Arches ,,:::t Municipality: Boynton Beach Property Control Number (PCN): see t tached ,~SAC2f.KB Location I Address of Subject Property: Federal Highway at Ocean Avenue If applicable. please alfach a Phasing Plan showing the number and type of units to recei"" certificate of oa:upancy yearly. A Restriclive Covenant is required for age-restricted communities. ;J.. 7 r; '1- r 0 Lf aitAC''\j ~' OWNERSHIP I AGENT INFORMATION: Owner's Name: Boynton Ventures I. LLC . Agent's Name: Ruden McClosky - K,y\ ~.~""; Mailing Address: 222 Lakeview Avenue. Suit 800 West Palm Beach, FL 33401 Telephone Number: !!3!!-4~4Z Fax Number: :>14- .i44l I hereby certify the statements or information made in any best of my knowledge. ubmitted herewith ant true and co0J ~~ Date Date Application Filed: Reviewed By: Petition Number: Title: ~ ~"..61' Did the Applicant pay the filing fee to you? B YES (Please attach proof of payment) / NO (If no. \he applicant must pay \he School Cosbict. ~ __ _ r;: ~e School Disbict will not reviewwilhout payment) Government Representative Signature ~ .!fIc:r .~O!iQq;~ CU~ C,5 Date & Time Received: /" V Case Number: I verify that the project complies with the adopted Level or Service (LOS) for Schools I verify that the project will comply with the adopted Level of Service (LOS) for Schools subject to the attached conditions ~ ",Pl~I"!"H'!6'..P,;b!;,,'.D~t;>:',(()N(R'\;( .:" rCR\I~: ':(;'1.: f"~':;'.;n'r:("~ :\pplUflr...-r.DI.>l: