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Tuscan Villas SPTE DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building PROJECT NAME: Tuscan Villas (aka Villas at Boynton Beach) APPLICANT'S AGENT: Ken Tuma / Urban Design Studio APPLICANT: Tuscan Villas at Boynton Beach, LLC APPLICANT'S ADDRESS: 631 US Highway 1, Suite 220, North Palm Beach, Florida 33408-4614 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 20, 2009 TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension to construct 22 townhouse-style condominium units on 1.34 acres in the IPUD zoning district. LOCATION OF PROPERTY: On the east side of Federal Highway, approximately 1,100 feet north of Gulfstream Boulevard (see Exhibit "A" - Location Map) 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 L/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 "0" with notation "Included". 4. The Applicjffit'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: I-ci/ -oq rn.~ S:\PlanningISHAREDlWPlPROJECTSITuscan VinaslSPTE 08-011 \DO. EXHIBIT "D" Conditions of Approval Project name: Tuscan Villas File number: SPTE 08-011 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. The applicant shall pay the utility reservation fee in order to ensure capacity X will be available when project commencement is anticipated. 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 2 DEPARTMENTS INCLUDE REJECT 2. The site plan time extension shall be subject to all previous Conditions of X Approval. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S:\Planning\SHARED\ WP\PROJECTS\Tuscan Villas\SPTE 08-0 II \COA.doc C-3 PUD . LOCATION MAP Tuscan Villas IPUD Exhibit "A" nty RM TURNER RD PUD ~ I r- !: c ~ ROBERTS RD Gulfstream OR County RM 200 100 0 I 600 800 I Feet 200 400 N W+E S EXH'B'T B ......_... t'IT'l"Ollll"l\'-l"n\.lf\l'" ~rl'........-.-. LJlI l.........k.Ttl. L,*",I_f_'}.ff)..\(''IlI~'(O'''-''I.f.l,(l\l I... .)In'I~~ wo....~ ..\1.;" ~- ----- ----1"J'ederal H!gh~a~ - -------- ." . ~ , , , ""' , ;> \ '" ;; , , , \ , , \ , , , , '\ '" -,-- .. ~ t; , ;:( -~ , 2r~\ \ gU " -', \ . , ~ in , i j \ .- . tv . , . , - \ , , \ , , \ , , \ , , \ ~ !~~ ~~i .L . ji <, f~ -J ~. {~€f _ ~i: 0; if! : ,.. .,,: ~? ~~ JllfCOut,. .s !/)u"......."."aJ\\'.,cn........ :;:: ~ , . . .- . -\Z ~.. _ _.' ,_,_-m---> .-" - p" ~ ~7 ~3 ;::i1 ~~ ~~ -~::: ;. E~ ,", It""" / ..:-:: 1 ,. Ie:: ':';' i sS c : , ~ ~. ;:.t ..l'T'Y"im'i Ii hili 1\\1\\ ,,~:}1\1\\\ ~l : :I\~! ~ ~ L- J $- - --,,'--'~~~~ ~ ~~? T'r~ 03"1 ,~~~ ~ n~~ ~~.;;" iI.,=;-:C.",j: ~ ' ;:~; i So,,; .. or., 7' '.. >- ... --.-- '~ =., " ~, . . ~ ~ =..--.~ :';:" s,< ., . " ---'--'q -, _7'..... .&. , '- . . e = :! ~i ::~; ,,'" "",.;' "''''' , \ s , , \ , , \ , , \ i\ m~~ nu!\~ ~~ ~;~~ l~~~~ -g ~~ t;:;.;::"" €.~,:i ~ ~ .,,~ m lU',t, > ~~: - ~:;~ - , :i ~.2 i~ ~ti ~ ~ t~;:c .- \\1\1 ~ \~:!'~IThe Villas at Boynton Beach \ . ~ 2.., q ~ City of Boynton Beach, Florida ... \ ' Site Development Plan 1\\\\\1\ I-II\iur\\u.~, \\\\\\\1\ i i't1\i1l1 'I lll~ ~ - ~--,-~-- ---.- Mr. Michael W. Rumpf Director of Planning & Zoning City of Boynton Beach Development Department Planning & Zoning Division 100 E. Boynton Beach Boulevard P.O. Box3l0 Boynton Beach, Florida 33425-0310 - 9 2008 EXHIBIT C uroon ~n 5 10 September 4, 2008 Urban Design Urban Planning Land Planning Landscape Architecture RE: File No.: Location: Tuscan Villas (aka The Villas at Boynton Beach) NWSP 06-002 On the east side of Federal Hwy. approximately 1,100 feet north of Gulfstream Blvd. Dear Mr. Rumpf, Tuscan Villas, also known as the Villas at Boynton Beach, is an approved 22-unit townhome development located on the east side of Federal Highway, north of Gulfstream Boulevard in the City of Boynton Beach. The City approved an Annexation, a Future Land Use Map Amendment, a Rezoning and a Site Plan for the project in the spring of2006. The Development Order was granted by the City Commission on April 18, 2006. Since the Development Order was granted, approvals have been obtained for the FDOT drainage, fire-rescue, the temporary driveway, and the permanent driveway. Construction Documents have been submitted to the City of Boynton Beach for pre-review of the permit drawings and comments have been received. Also, the property owner has meet several times with the Engineering Department to discuss the utility plans and proposed plat. The property owner must still secure approval from the City of Boynton Beach for the Utility Plans and for the Plat/Engineering plans. The FDOT Utility Permit and Health Department permits are also outstanding, but they can not begin until the City has approved the Utility Plans and Plat/Engineering Plans. Although a building permit has not been secured and the property owner would like the approval to remain vested. In November of 2007, the City of Boynton beach granted a one year time extension through October 18, 2008. Please accept this letter as a formal request for an additional one year site plan approval time extension to October 18,2009. G:\lobs\Paisley Custom Homes\Boynton Beach Prop\Agency Corres\Time Extension\090408 Extension Request.wpd LCC35 477 S. Rosemary Avenue Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDSonline.com LCC35 Mr. Michael W. Rumpf Page 2 As I am sure you are aware, since receiving approval of the site plan the housing market in South Florida has taken a downturn. Unfortunately, this change in the market has affected the ability for developers to receive financing for their projects in a timely fashion. Financing for a condominium development has become especially hard to receive. The property owner and the City worked hard to bring the application before the City Commission in 2006 and we believe that when developed, the project will be a great addition to the City. The property owner remains very excited about the development and is committed to its successful completion. Thank you in advance for your consideration ofthe time extension request. Sincerely yours, URBAN DESIGN STUDIO ;{j:-- Ken Tuma, Principal CC: Mr. Jim Paisley Mr. David Lawrence Mr. Mike Hagerty G:\Jobs\Paisley Custom Homes\Boynton Beach Prop\Agency Corres\Time Extension\090408 Extension Request.wpd LCC35