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REVIEW COMMENTS TO: FROM: DATE: RE: FIRE PREVENTION MEMORANDUM NO. 94-261 WDC planning Department Fire Department August 10, 1994 Site Plan Time Extension Boynton Lakes plat #5 "Best Homes" We have no objection to a time extension of one year. ~r1!:~~c;~ Boynton Beach Fire Dept. ~ RECREATION & PARK MEMORANDUM 194-285 TO: Tambri Heyden, Planning & Zoning Director ~~ FROM: Kevin J. Hallahan, Forester/Environmentalist RE: Boynton Lakes, Plat 5, "Best Homes" DATE: August 8, 1994 There are no existing tree issues on this site. The plan should proceed in the normal review process. KH:ad ill rn@rnuwrn ill ~UG J.. 8 .",V'tJ PLANNING AND V ZONING OEPT. 7. D. 1. TIME EXTENSIONS BOYNTON LAKES PUD PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-277 FROM: chairman and Members Planning and Development Board /"' L ,.71.. II... Tambri J. Heyden -d~ 9~~~ Planning and Zoning Director TO: DATE: September 8, 1994 SUBJECT: Boynton Lakes PUD, plat 5, Best Homes - SPTE #94-002 and CNTE #94-002 (time extension for site plan, concurrency exemption and construction of required improvements) NATURE OF REOUEST Robert G. Camerlinck, agent for the Resolution Trust Corporation (RTC), property owner of the remaining phase of Plat 5 of the Boynton Lakes PUD, located at the southeast corner of Congress Avenue and Plaza Lane, is requesting an additional one year time extension for site plan approval, concurrency exemption and construction of required improvements (see attached location map - Exhibi t "A" and letter of request from Mr. Robert Camerlinck - Exhibi t liB"). If approved, the request would extend the expiration of the site plan submitted by Best Homes to October 15, 1995 and would exempt the project from all of the City's concurrency levels of service, as well as to allow until October 15, 1995 to complete construction of the remaining required improvements. BACKGROUND On December 17, 1985, Plat 5 of the Boynton Lakes PUD was approved and subsequently recorded on December 23, 1985. The subject portion of Plat 5 included 41 townhouse units on 24 by 90 foot lots. On October 15, 1991, the City Commission approved a new site plan submitted by Best Homes in hopes of seeing build out of the plat and completion of the unfinished infrastructure improvements. The subdivision regulations require that infrastructure improvements be completed within 21 months of the date of issuance of the development order. Since the 1991 approval of the site plan, the property went into receivership. On November 29, 1993, the RTC requested a one year retroactive plus an additional one year time extension for site plan approval, concurrency exemption and construction of required improvements. On February 15, 1994, the City Commission approved the requested extension for a period of eight months only; through October 15, 1994, subject to conditions. A reduced time frame was approved based on the limited improvements remaining to be completed. Two sections of the code of ordinances govern the type of extensions requested. Regarding expiration of the site plan, Part III, Chapter 4, Section 5 states that IIAt its discretion, the city commission may extend the approval of a site plan for a one year period, provided a request for extension is filed prior to the expiration of the one year period. In granting such extensions, the city commission may impose additional conditions to conform the site plan to current development standards." Regarding expiration of the concurrency exemption for the project, Section 19-92(e) of Chapter 19, Article VI of the Code of Ordinances states that such requests for time extensions "may be filed not later than 60 days after the expiration of said certificate or exemption". It furthers states that "time extensions may be granted for any length of time which does not exceed one year". since the current time extension does not expire until October 15, 1994, the requested additional time extension was filed in a timely manner. / TO: Planning and Development Board -2- September 8, 1994 ANALYSIS As indicated in the city's Concurrency Management Ordinance, at the point when the 21 month time limit for completion of bonded improvements expired and construction ceased to proceed in good faith, in the judgement of the city's Engineering Department, the project I s concurrency exemption was jeopardized. Specifically, the "All category development order status of the plat which was exempt from all levels of service became a "C111 category development order exempt only for drainage, neighborhood parks and traffic (reference Chapter 19, Article IV, Section 19-83(b) (1) and (b) (3) of the code of Ordinances. However, with the February time extension approval by the Commission, the II A" category status was restored through October 15, 1994, To date, many of the required infrastructure improvements, such as streets, street lights, utilities and sidewalks are physically in place, although construction ceased approximately two years ago without the City's acceptance of all of the required improvements (water, sewer, paving, drainage and street lighting were accepted in February 1992). In addition, the existing improvements have been vandalized and are in a state of disrepair. The City still holds surety, but a substitution of surety is needed in light of a transfer of ownership of the property. As previously mentioned, the plat contains lots specifically designed for townhouse units which could not be developed for any other type of use without major demolition of infrastructure. Based on this and the fact that the infrastructure is so near completion (the majority of which is under City ownership as of 1992), it is not reasonable to expire the 1991 site plan, provided however the applicant submits surety to ensure completion of the infrastructure. Also, since the February approval, the RTC has completed the bid process to market and sell the property and has a contract to purchase on the property. The contract to purchase is conditioned upon the subject time extension being approved. The contract purchaser has already secured an engineer and is in the process of completing building permit drawings for submittal by the end of September. RECOMMENDATION The Technical Review Committee (TRC) met on August 9, 1994 to discuss this request. The TRC unanimously recommended that the request be granted, subject to the attached comments in Exhibit "c" from the Engineering Department (Memorandum No. 94-240), regarding submitting surety and a cost estimate for the remaining infrastructure improvements and the utilities Department (Memorandum No. 94-264) regarding payment of reservation fees. All unsatisfied conditions attached to the February 1994 time extension are included within the comments from the Engineering and utilities Department. Outstanding conditions cannot be satisfied until the property is purchased from the RTC. This recommendation is based on the fact that there is a pending contract to purchase on the property and due to the progress that has been made by the contract purchaser towards applying for a building permit. As a point of information, staff has been informed that four (4) of the 41, undeveloped lots are not under the ownership of the RTC, These four lots were retained by the Lennar corporation, under the name of Institutional Management, Inc., the developer of the Boynton Lakes PUD. Lennar has been contacted several times to encourage them to participate in the RTC's request, since the remaining infrastructure to be completed is needed to serve all 41 lots. Although Lennar indicated that they would submit an authorization letter to IIpiggy-back" the RTC I S application, nothing has been received to date. In light of this, staff is in a position of requiring the attached conditions of approval from the party who wishes to pull permits first, which appears to be the ~ TO: Planning and Development Board -3- September 9, 1994 contract purchaser of the 37 lots. This does not preclude the contract purchaser of the 37 lots and Lennar, the owner of the remaining 4 lots, from entering into their own private agreement for compensation of the infrastructure "share'! to be completed by the contract purchaser. tjh Attachments A:BL5TmEx2 xc: Central File ~ o~~,C'i'\.'- ON ,,,,G MAP LOCA 1\ON MAP BES1 HOMES A 1 BO'fN10NLAKES PLA 1 5 _.---- #A- .. ~~~ '<<,-- ~.~ ~~~~ ~) .; ~ <' .~" ~~ ~ . ~ :.. ., ". " ' . , , . , " . .' L .l'e" 1- ~... , . \ " " ~ , , I . . . :1 , ,I I', :, I: 'I .\ . .. - .,' ~ \ ,: \ , .\ (f~ \ ',\ , ' ~\ \~ . ~~ ~ ~ .... R'1 A~' , \ - ---:::l ~r -I I \ --I ~1 : L---" REAL EST6TE R~COVERY INC July 29, 1994 Ms. Tambri Heyden Planning & Zoning Department The City of Boyton Beach 100 E. Boyton Beach Blvd. Boyton Beach, Fl. 33425-0310 RE: Boyton Lakes Plat No.5 Dear Ms, Heyden: Please be informed that we hereby request an extension until October 15, 1995 of the site plan that was approved on October 15, 1991 and is scheduled to expire on October 15, 1994 for Boynton Lakes North Plat#5, The Resolution Trust Corporation, as receiver for Flagler Federal Savings and Loan, holds title to the property and there is an executed contract to purchase the property by Mr. Mario Shlesinger who plans on building out the project. The closing on the sale is scheduled to occur at the end of September and the buyer, Mr. Shlesinger, would like to start working towards satisfying the requirements of the various departments of the City Boynton Beach, as well as securing an extension of the site plan as soon as possible. Enclosed is Mr, Shlesinger's check in the amount of $125,00 made payable to the City of Boynton Beach, which represents the fee required for this extension request, If you have any questions or comments on the above, please give me a call. Sincerely, . -&:::1 /~ I '. //66~t;(J ~~ rnoornuw~ Robert G, Camerlinck Asset Manager ill ALG "994 rn PLANNING AND ZONING DEPT, cc: Terry Day Michael Christopher 927 Clint Moore Road Boca Raton, Florida 33487 (407) 997-8400 FAX (407) 997-8484 1 MEMORANDUM Utilities #94-264 TO: Tambri J, Heyden, Planning & Zoning Director FROM: John A. Guidry, Director of Utilities DATE: August 11,1994 SUBJECT: Boynton Lakes, Plats "Best Homes" Concurrency Exemption/Site Plan Time Extension Staff has reviewed the above referenced project and offers the following comments: The Utility Department has no objection to this request provided: A Capacity Reservation fee of $5.682.60, based on 41 units at $138.60 each, is paid within thirty (30) days of Commission approval or the Water & Sewer Capital Facility fees are paid in full within the same time frame, (Sec. 26-34[E]). It is our recommendation that the request proceed through the review process, If you have any questions regarding this subject, please contact Skip Milor at 375-6407 or Peter Mazzella at 375-6404, Clyde "Skip" Milor Peter Mazzella t/ File 19b xc: 00 U; I I 1994 00 /0