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CORRESPONDENCE I~;c'~";' ---'------~- WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner@zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF KERRY D. SAFIER PAMI R. MAUGHAM OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Florida Bar Board Certified Real Estate Lawyer February 8, 2006 Via Te/ecolJier and Regular Mail Mr, Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Blvd, Boynton Beach, Florida 33425-0310 Re: Site Plan Extension Request for Seaview Park Club Our File No.: LENN011 Dear Kurt: I know we have been unable to connect by telephone. Enclosed please find a copy of the extension request letter prepared by Lennar Homes, Inc. for the project known as Seaview Park Club. I am requesting that this matter be placed on the March 14, 2006 CRA agenda and then on the March 21, 2006 City Commission agenda. As you can see from the enclosed letter, Lennar has been diligently working on matters regarding this project. In order to avoid any potential delays, we are requesting in advance these dates for the hearing, T,hank you very much for your assistance. If this presents any difficulty, I am sure you will be in toucpwith me, / v. e. ry..li'r~~.'\. yo. ~' \\ \' / I \ \ \ ., ~. ~'\' \ ,,/'~j'~~~~ ~'~elner ' \ MSW:alv enclosure cc: Mr. Andy MacGregor (via telecopier w/o enclosure) Mayor Jerry Taylor (w/enclosures) O:\LENN011\Letter to Kurt Bressner re Seaview Park,Feb 8, 2006,doc .. LENNAR [JIIII/H\ I aliI( In/( ~., tn February 3, 2006 Michael W. Rumpf Director of Planning and Zoning City of Boynton Beach Development Department Planning and Zoning Division 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425 Re: Seaview Park Club - Request for Extension of Site Plan Approval Dear Mike, As you are aware, site plan arproval for the above project was granted by the City Commission on february 15, 2005. Lennar Hon,es, Ine. has been diligently working to secure all necessary governmental . approvals to allow construction of this community to begin as soon as possible. Despite our best efforts, however, it appears that we will not have secured a building permit from the City of Boynton Beach prior to the expiration of our site plan approval. We are therefore requesting an extension to our current site plan approval for a period of one year to allow us to complete our current engineering review process with the City of Boynton Beach and to secure building permits for this project. In support of this request for extension of site plan approval, we would ask that you consider the following accomplishments which we feel demonstrates our firm commitment to the successful development of Seaview Park: . Minor modification to site plan, accommodating certain changes requested by City of Boynton Beach approved on April 25, 2005. . Capacity Reservation Fees in the amount of $5,821.20 paid in full to City of Boynton Beach . Environment Resource Permit (ERP) issued by South Florida Water Management District on January 11, 2006 . FOOT Driveway Permit renewed on August 17, 2005 .. . Bid process for demolition contractor complete and contractor selected. . Payment in the amount of $10,191.00 made to Florida Power & Light for removal of existing overhead electric poles located on the Seaview Park property. FP&L are scheduled to commence this work week beginning February 6, 2006. . Preliminary Plat submitted to City Engineer and comments received. Resubmittal scheduled for February 7, 2006 . Paving, Grading and Drainage drawings submitted to City Engineer and Comments received. Resubmittal scheduled for February 7, 2006 ~- 1015 N. State Rd. 7 . Suite C. Royal Palm Beach, FL 33411 . Telephone: 561-333-4700 · Fax: 561-753-5533 · www.lennar.com .~ February 3, 2006 Michael W. Rumpf Re: Seaview Park Club - Request for Extension of Site Plan Approval Page 2 . Water and Sewer drawings submitted to City Engineer and Comments received. Resubmittal scheduled for February 7, 2006. .. Documentation supporting all of the above milestones has been attached to this letter In parallel with our development work, the owner's of Seaview Park issued eviction notices to all residents of Seaview in May 2005. As you know, during the eviction notice period, several of the park residents filed a complaint for declaratory and injunctive relief against both the City of Boynton Beach and the Owner's of Seaview Park Club. Despite the uncertainty regarding the potf:>.ntial outcome of this litigation, Lennar Homes, Inc. continued its efforts to secure governmental approvals. Thankfully this complaint was voluntarily dismissed on November 14, 2005 as a result of a settlement agreement between the Owners and the park residents. In order to avoid any potential delay to the project, we would respectfully ask that this request for extension of site plan approval be submitted for inclusion on the CRA agenda for March 14, 2006 and on the subsequent City Commission agenda for March 21, 2006. Lennar Homes, Inc. will of course mail the required notices to neighboring property owners and post required signage in advance of the above meetings. Should you require any additional documentation or deem it necessary to have representation from our office at any meetings prior to the above hearings please do not hesitate to contact me at (561) 228-5314. Your early response in this matter would be greatly appreciated. Thank you once again for your continued support. Sincerely, .. Andy MacGr r Portfolio Manager ~ 02/13/2006 "- "--" ,--". 12:50 RUTONRTION ~ 915617426357 Mike Rumpf Fax: Lisa Bright Fax: Andy MacGregor Fax: l561 }-742-6260 (561) 737-3258 (561) 228-5289 FAX To: Boynton Beoch (Rumpf. Michael) From: Fax: 56L Pages: Phone: Date: Re: cc: Lennar Homes ~ Seavlew Pork I?~ ~ 1,,/<<1 Co~ A~l<<'IC:i.d~;"'R Ston Nitl:::owski 2 February 1 1 , 2006 Lisa Bright - eRA Executive Director Andy MacGregor - Lennar Homes Mr. Mike Rumpf, I om faxing 0 copy of this letter which I hove also emailed to you for your records. I have also sent a copy to Lisa Bright and Andy MacGregor for their records as well. I would osk you to take the attached comments into consideration regarding the Lemar Homes project at Seoview Park. ~nc~ Stan Nitl:::owski President. INCA NO. 927 [;1001 02/13/2006 12:50 AUToNATIoN 7 915617426357 NO. 927 [;1002 '-' February 10,2006 Michael Rumpf Director of Planning and Zoning City of Boynton Beach 100 E Boynton Beach Boulevard P.O. Box310 Boynton Beach., FL 33425~0310 Dear Mike, It has come to our attention that Lennar Homes, Inc. needs to apply for a one year extension of their site plan. After speaking with residents of the Yachtsman's Cove neighborhood and other members of INCA. the general feeling is that the old mobile home park is in disarray and it would benefit all parties to see this construction get underway at the earliest possibl~ date. ""'"" We would, therefore, support the Lennar site plan as approved on February 15, 2005 to be extended, but we do have one condition that we think would be in the interest of all concerned. We would recommend that Lennar be required to bury the power lines running along Federal Highway in front of their development This would be appropriate given the lessons taught by hurricane Wilma and because the eRA has made it a condition of approval for the upcoming development of Yachtsman's Plaza that is adjacent to the site and will be under construction at the same time. If for some reason the Yachtsman's Plaza development is not required to bury the lines, then I would see no point in requiring it of Lennar. Otherwise, it would seem like the proper and timely thing to do. Stan Ni owski President, INCA .............. October 10, 2006 Page 1 of 1 Rumpf, Michael From: Stan Nitkowski [nitkowski@bellsouth.net] Sent: Saturday, February 11, 2006 10:50 AM To: Rumpf, Michael Cc: "Andy MacGregor $Business Fax$"; Bright, Lisa Subject: Lennar Extension 021 006.doc February 10,2006 Michael Rumpf Director of Planning and Zoning City of Boynton Beach 100 E Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 Dear Mike, It has come to our attention that Lennar Homes, Inc. needs to apply for a one year extension of their site plan. After speaking with residents of the Yachtsman's Cove neighborhood and other members of INCA, the general feeling is that the old mobile home park is in disarray and it would benefit all parties to see this construction get underway at the earliest possible date. We would, therefore, support the Lennar site plan as approved on February 15,2005 to be extended, but we do have one condition that we think would be in the interest of all concerned. We would recommend that Lennar be required to bury the power lines running along Federal Highway in front of their development. This would be appropriate given the lessons taught by hurricane Wilma and because the CRA has made it a condition of approval for the upcoming development of Yachtsman's Plaza that is adjacent to the site and will be under construction at the same time. If for some reason the Yachtsman's Plaza development is not required to bury the lines, then I would see no point in requiring it of Lennar. Otherwise, it would seem like the proper and timely thing to do. Sincerely, Stan Nitkowski President, INCA 2/1312006