Casa del Mar
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Casa del Mar
APPLICANT'S AGENT: Bonnie Miskel - Siegel, Lipman, Dunay, Shepherd & Miskel, LLP
APPLICANT'S ADDRESS: 5355 Town Center Road Suite 801 Boca Raton, FL 33486
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 14,2009
TYPE OF RELIEF SOUGHT: Request Site Plan Time Extension approval for a third one (l)-year site
plan time extension for the Casa del Mar Site Plan Development Order
(NWSP 06-015) and Height Exception (HTEX 06-007).
LOCATION OF PROPERTY: 2632 N. Federal Highway Boynton Beach, FL
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MA TIER 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:
10-07- oct
S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\SPTE 09-010\DO.doc
EXHIBIT "D"
Conditions of Approval
Project name: Casa del Mar
File number: SPTE 09-0 I 0
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
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 RECREA nON
Comments: None X
FORESTERJENVIRONMENT ALIST
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
1 The site plan time extension is subject to the original conditions of approval. X
2. An updated traffic concurrency approval letter from Palm Beach County X
Traffic Engineering will be required prior to permitting.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~
S:\PlanningISHARED\ WP\PROJECTSICasa del MarlSPTE 09-0 101COA.doc
Exhibit "A" - Site Location Map
Casa del Mar
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Casa del Mar
PREPARED FOR LANCORE NURSERY
CITY OF BOYNTON BEACH. FL
XHIBIT B
-
LAND.
DESIGN
SOUTH
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S lEG E L. LIt' MAN. DUN A Y. SHE PAR D &5 J vI IS K E L, L L P
EXHIBIT C
GARY S, DUNAY
KENNETH W, LIPMAN
BONNIE MISKEL
.JONATHAN L. SHEPARD
CARL E. SIEGEL
THE PLAZA. SUITE 80 I
5355 TOWN CENTER ROAD
BOCA RATON, FLORIDA 33486
(56 I) 366-7700
FAX: (561) 368-9274
WWW.SLDSMLAW.COM
SCOTT BACKMAN
LINDA B. LYMAN
~~@t~,nw~@
JUL 1 6 2009
July 16, 2009
PLANNING AND
Z:ON~NiG DEP'T.
Mike Rumpf, Director
Planning & Zoning
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida, 33425-0310
RE: Time extension for Casa Del Mar ("Project")
Dear Mr. Rumpf:
On behalf of my client, Lancore Nursery, LLC ("Petitioner"), this letter is a formal request for a
time extension for the approved Casa Del Mar ("Project") (NWSP# 06-015) located on North
Federal Highway ("Property"). This Project was approved for the development of 82
condominium units on a 4.11 acre parcel in the Infill Planned Unit Development (IPUD) zoning
district. This Project was originally approved on July 18, 2006 and subsequently received two
one-year time extensions. The new expiration date of the site plan is July 18, 2009. We
respectfully request an extension of one year to July 18, 2010.
At the time of the last time extension request the Petitioner had provided a timeline for the
steps taken thus far to receive appropriate approvals prior to filing for a building permit with the
City. That timeline is as follows:
. Filed a Request for Exemption and Statewide Programmatic General Permit (SPGP)
on June 9, 2006.
. Received SPGP on July 7,2006.
. Filed with the South Florida Water Management District (SFWMD) a Joint
Application for Environmental Resource Permit / Authorization to use State owned
submerged lands / Federal dredge and fill permit with the Florida Department of
Environmental Protection / Water Management Districts / U.S. Army Corps of
Engineers (ERP) on November 15, 2006.
. Filed an amendment to above ERP to include docks on December 13, 2006.
. Received first Request for Additional Information (RAI) from SFWMD dated
December 13, 2006.
. Submitted supplemental RAI from SFWMD January 12, 2007.
· After meeting with SFWMD filed response to RAI on March 5, 2007.
. Received second RAI from SFWMD on April 6, 2007.
Since 2007, additional progress has been made toward obtaining the necessary environmental
permits for the Project. This timeline is as follows:
. Response to RAI submitted to SFWMD in March 2008.
. Army Corps of Engineering (ACOE) submitted on March 25, 2008.
. After meeting with ACOE and SFWMD filed response to RAI to ACOE on July 15,
2008 and to SFWMD on August 21, 2008.
. Received RAI from SFWMD on October 3, 2008.
. State Sovereign lands Review commenced December 8, 2008.
. Received response from ACOE regarding RAI on March 18, 2009.
. Met with FDEP on April 30, 2009 to discuss RAI.
. State Sovereign lands Review anticipated to be complete within the next 6 months.
The Petitioner is anticipating final action by the Army Corps of Engineers in Mid-March 2010 and
final action by the State related to the Sovereign Lands Review in mid-December 2010. These
approvals will be in place for the current project as well as the new marina project being
proposed by the Petitioner further detailed below.
Additionally, since the last time extension request by the Petitioner, the demand for residential
units has severely declined. With the recent economic situation, the ability to obtain funding for
the residential project has diminished. There are no banks that are currently lending money for
the development of multi-family residential developments. The market has become so
saturated with residential units it will take a considerable period of time before the market is
able to correct itself. Further, buyers are not able to obtain financing for acquisition purposes.
As such, the Petitioner is now in the process of applying for a land use and rezoning change to
Commercial and C-3 respectively, a site plan and a conditional use application to allow for the
deveiopment of a marina and dry boat storage. The proposed marina development consists of
three buildings totafing 69,609 square feet. The three buildings will be: 1) Office and Show Room
(located along Federal Highway); 2) Dry Boat Storage (located in the middle of the Property);
and 3) Ship Store and meeting/office areas (located along the waterfront). Because these
applications have not yet been approved by the City, the Petitioner would like to retain the
current approval for the residential project until the proposed marina project is approved.
If you have any questions or concerns rega.rding this letter, please do not hesitate to contact me
at (561) 237-1524.
sin)ierely'lI t I!
f)wJiwiJ
Bonnie L. Miskel, Esq.
Siegel, Lipman, Dunay,
Shepard, & Miskel, LLP