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
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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.
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Attachments
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LOCA 1\ON MAP
BES1 HOMES A 1
BO'fN10NLAKES PLA 1 5
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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
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Robert G, Camerlinck
Asset Manager
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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/
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