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Ocean Breeze West DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Engineering Occ. License Deputy City Clerk PROJECT NAME: Ocean Breeze West APPLICANT'S AGENT: Mr. Bradley Miller, AICP / Miller Land Planning Consultants, Inc. APPLICANT'S ADDRESS: 114 North Federal Highway, #202 Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 3, 2007 TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension from January 3, 2007 until January 3, 2008, for 37 proposed townhouses on a 3.44 acre parcel in the R-3 zoning district. LOCATION OF PROPERTY: Southwest corner of Northwest 8th Avenue and Sea crest Boulevard, located approximately 1,700 feet north of Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X 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. 2. The Applicant /HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. 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 "Included". 4. The Applicant's application for relief is hereby /' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: t/-~c --07 I]' . / -/tl1.,,-.~ J:\SHRDA T A \Planning\SHARED\WP\FORMS\Blanks forms folder\Develop.Order Form-2001-Revised.doc EXHIBIT "C" Conditions of Approval Project name: Ocean Breeze West File number: SPTE 07-002 Reference: I DEP ARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: Conditions of Approval Ocean Breeze West SPTE 07-002 P 2 age DEP ARTMENTS INCLUDE REJECT 1. The site plan time extension shall be subject to all previous Conditions of X ApprovaL ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: l. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~LL' S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze West\SPTE\COA.doc Exhibit "A" - Ocean Breeze West Location Map [:::> o R 1A "1Sln~l11ilY Resi~tential 8TH R1A--~Single Famil~ R~sidential [:::::::> <::::::J 120 60 0 1"""\...-- 120 240 360 480 I Feet N W+E s EXHIBIT "B' MILLER LAND PLANNING CONSULTANTS, INC. 298 PINEAPPLE GROVE WAY DELRA Y BEACH, FLORIDA 33444 PHONE. 561 /272-0082 FAX . 5611272-l042 EMAIL/WEB.mlpc@mlpcinc.com www.millerlondplonning.com December 7,2006 Ed Breese CITY OF BOYNTON BEACH PLANNING AND ZONING DEPT. 1 00 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 ........... t I i;! Ii " t _ i j ; ',j L' DEe 7 2006 Ii; : L=21 !_ i"" pi Ar,,rm,'G /.;;0 ---l (Q!i!.tili.Qf P1 j RE: Ocean Breeze West - nme Extension Dear Ed: Please consider this request for a time extension of one year on Ocean Breeze West. This project was approved by the City Commission on January 3, 2006. Since then we have applied and received some land development permits. The CRA wanted to redesign or buy this project so the remaining permits were put on hold. All of this along with the owner, Larry Rnkelstein's almost fatal accident at the end of March have caused this project to be delayed. I have attached a chronology of what has transpired since being approved along with a check made payable to the City of Boynton Beach for $500 and request that this time extension be granted. Thanks for your cooperation. Sincerely, CLER LAND PLANN NG CONSULTANTS, INC. Christi Tuttle cc: Larry Finkelstein M:\M L P C\PROJECTS\Ocean Breeze West\E. Breese time extension 120706.wpd CHRONOLOGY FOR OCEAN BREEZE WEST 3/05 Meetings with the Mayor, CRA Director, City Manager and Development Director to inform them that I am looking to buy the old Boynton Terrace property and will need their help in order to build an affordable for sale project for that community. 3/05 - 9/05 multiple meetings with City and CRA staff 9-05 bought property 12-05 Phase I site plan, DIF A and lien waiver approved 12-05 City places lien on property 1-06 Phase I site plan approved by commission 2-06 DIFA and Lien Waiver signed 2-06 Bank loan negotiations begin 2-06 Soft bidding begins 2-06 Letter to CRA, project numbers don't work; need assistance to do the project the CRA wanted. 3-31-06 near fatal accident, in hospital for 2 months, then wheelchair, now in physical therapy, walking again and back at office two days a week 4-20-06 Bank Term Sheet signed 5-05 Land Development construction plans final and submitted to City and various agencIes. 5-05 Land development Permits applied for 6-13-06 Bank Commitment Letter signed 6-06 - Land development final construction docs started 7 -06 - Land development final construction plans finalized and permit applications started 7/8-06 - Some land development permits received 8-06 - Remaining permits for land development needed responses. Responses halted as negotiations continued with CRA to redesign the project or sell the land to the CRA 9-l2-06 received copy of agenda item that was voted on. 9-l4-06 met with Vivian & Robert to discuss the Agenda jtem. 9-18-06 sent the CRA an outline based on their offer and clarifying details 9-26-06 Spoke to Lisa Bright, requested a revised contract based on the revised DIF A terms to review before the meeting as agreed. Lisa Bright wanted to wait until she spoke to all Board members as it seems the purchase is the preferred option. 9-29-06 "All roads are leading to purchase" lb (Lisa Bright) - so we must assume that no revised DIFA or Developer's Agreement will be forthcoming 10-15-06 Lisa Bright says appraisal not high enough 10-25-06 CRA meeting - decided to go out for review appraisal, but no real timeline set. I 0-06 Lisa Bright calls and says the review appraisal will not be done in time for the November meeting and therefore it will not be on the agenda, so I should move on with any plans I may have. 11-06 Since no offer to purchase the property was ever received and there has been no further communications of any substance since the October meeting, the Developer must move forward as the carrying costs during this wait for the CRA decision have been significant.