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CORRESPONDENCE I Ruden ~~ McClosky 200 EAST BROWARD BOULEVARD SUITE 1500 FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (954) 761-2955 FAX. (954) 333-4155 THOMAS. MULLI N@RUDEN.COM December 13, 2007 Mr. Mike Rumpf, AICP Planning & Zoning Director City of Boynton Beach 100 E Boynton Beach Boulevard Boynton Beach, FL 33435 oo~cg~a'W~@ OEe , II 2007 PLANNING AND ZONING DEPT. Re: Cortina at Boynton Village Site Plan - SPTE 07-010 Dear Mr. Rumpf: As you are aware, we represent South Florida Devco, Inc., regarding the above referenced project. Currently, there is a pending request for an extension to the approved site plan which is set to be heard in front ofthe City Commission on Tuesday, December 18,2007. I am sending this letter specifically to request that the site plan extension be tabled until the date certain of January 2,2008, or the next regularly scheduled City Commission meeting. The site plan extension was originally considered on November 20,2007, at which time several residents informed the Commission that there was a pending Notice of Violation for the property. These residents own homes directly to the east of the property and objected to the extension as sand from the lot was blowing onto their yards. They also expressed dissatisfaction with the appearance of the lot and the view from their homes ofthe back sides ofthe commercial buildings located on the western portion of the Boynton Village property, and requested a landscaped berm. Both the Applicant and City Staff were unaware of the violation and the Commission agreed to table the item until the next meeting to give the Applicant time to address the code violation. At the December 4, 2007, City Commission meeting, the residents again spoke against the project. In response, the Applicant reported that it was undertaking certain actions to address the code violations, including installing a new wind screen on the chain-link fence along the east property line and hiring a company to apply hydro seeding to the property, which weighs down the sand and stimulates grass growth with two types of grass seeds and water absorption material. These activities secure the sand in place and minimize any sand that does blow from leaving the Cortina property. Despite the Applicant's efforts, the Commission discussed additional measures to address the residents' concerns, including the construction of a five foot FTL.2474172:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P,A. CARACAS' FT. lAU~ERDALE . MIAMI. NAPLES. ORLANDO' PORT ST. LUCIE . SARASOTA. Sf. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH " ---- <-I,--I'Yt f 0 ILl;.. -vr p~ SC4<Jt;tz- un& N671 Pf/tP ~ It: ~ 7 0"1lJ /2f+~~ 11> 1/ ~ M1'(p. 34-0 - Wcp f!; l' .--Cew.-) Mike Rumpf, AICP December 13, 2007 Page 2 (5') tall berm and installation of landscaping. The decision on the site plan extension was again tabled so that the Applicant and City Staff could discuss options for visual screening and the code violation issues. This date was set for Tuesday, December 18,2007, A hearing in front of the City's Code Compliance Board is scheduled on December 19, 2007, at which time we will be requesting thirty (30) days to address the blowing sand. City Staff has indicated that it will not object to such a request. While the Applicant has spent thousands of dollars to address the code violation issues, there has been some delay in applying the hydro seeding and the work will not be complete by the December 18, 2007, City Commission meeting. Tabling the item until January 2, 2008 will allow us to fully address the code violation and also provide the Applicant and its team of consultants time to better prepare a plan for addressing the remaining concerns of the residents. It is our intent to attend the Code Compliance Board meeting and address the code violations within the time specified by the Board at the meeting. Our belief is that this can be accomplished prior to the next City Commission meeting. Tabling the City Commission decision on the site plan extension until January 2,2008 will provide us with that opportunity. Please advise us as to whether our attendance at the December 18, 2007, Commission meeting is necessary if the request to table the item is granted. .~~ Thomas F. Mullin r TFM/js cc: Tim Kelly Peter Brennan, Esq. Jeff Schnars, P .E. Angela Biagi, RLA Kim Glas-Castro, AICP FTL:2474172:1 RU DEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE' MIAMI' NAPLES' ORLANDO' PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH - K-J-Jovnanian" ) H()nl~S DEe ,'17 City Of Boynton Beach Planning & Zoning Dept. Ed Breeze December 7, 2007 Re: Cortina @ Boynton Village Dear Ed, Please be advised that Hovstone (aka K Hovnanian Homes) is no longer affiliated with the above referenced project. As you are aware we were the agent and contract purchaser of this parcel from South Florida Devco. Due to budgeting issues by others on the project we have made the decision not to move forward. It has been a pleasure working with you and the other staff members on the project. I will be talking with you soon regarding Vistabella @ Renaissance Commons. In the event you have any questions or I may be of additional assistance please do not hesitate to contact me. All t~e b.es~ . n f M~ Stephen B. Liller Vice President K. Hovnanian Homes 3601 QUANTUM BOULEVARD, BOYNTON BEACH, FL 33426 TEL: (561) 364-3300 FAX: (561) 364-3301 KHOV.COM