REVIEW COMMENTS
DEPARTMENT OF DEVELOPMENT
DivISIon of PlannIng and ZonIng
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
September 29, 1999
Mr Mark M. Hansen, Vice President
Olen ResIdentIal Realty Corp
1062 Coral RIdge Dnve
Coral SprIngs, Flonda 33071
Re Manatee Bay RecreatIOn Fee
Dear Mr Hansen.
Thank you for meetIng WIth staff on August 16th regardIng calculatIOn of the appropnate
RecreatIOnal Impact Fee for your new development. After further reView, It IS stIll staffs
pOSItIOn that the RecreatIOnal Impact Fee for the Manatee Bay project should be $229,865
Staffs posItIon IS based on the follOWing'
1 The number of unItS has Increased the Impact to the CIty because the 180 umts are beIng
bUIlt on the uplands creatIng a denSIty of 1636 unItS per acre rather than the allowable
10 8 unItS per acre for your zonIng.
2 The submerged lands are of relatIve lIttle value except for the dock out Into the
Intracoastal Waterway and cannot be valued at the same acre pnce as the bUIldable
uplands.
3 Upon reVIeWing the first phase of the abuttIng Via Lago development, there was no credIt
gIven for addItIOnal unItS for the 3 6 acres of submerged lands.
4 TheoretIcally, the Impact fee IS to be used to Increase recreatIOn resources WIthIn the
vicinity from wmch the fees are collected, whIch could Include land acqulSltIOn. A fee
collected based, In part, on submerged lands, may be InsuffiCient to acqUIre eqUIvalent
land on WhICh a park could be developed.
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6260 FAX. (561) 742-6259
Mr Mark Hansen, Olen ResIdential Realty Corp
Re Manatee Bay RecreatIOn Fee
September 29, 1999
Page Two
Chapter I, ArtIcle V, SectIon 3 e.(4) of the CIty'S Land Development RegulatIOns (LDR) states
that the CIty CommISSIOn may accept the faIr market value of a qualIfied real estate appraIser, If
found reasonable. SInce your company and City staff cannot resolve thIS Issue, we recommend
you appeal your case to our CIty CommISSIOn as outlIned In Chapter 1, ArtIcle VII, SectIOn
l.D.2. of the LDR.
SIncerely,
Michael W Rumpf
PlannIng & ZOnIng DIrector
MWR.KH/ck
Xc Nicholas Igwe, ASSIstant CIty Attorney
C'\My Documents\Manatee Bay Recreation Fee,doc
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DEPARTMENT OF DEVELOPMENT
DIvIsIon of PlannIng and ZonIng
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
September 21, 1999
I
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Thank you for meetIng wIth staff on August 16th regardmg calculatIOn of the appropnate
RecreatIOnal Impact Fee for your new development. After further reVIew, It IS stIll staffs
posItIOn that the RecreatIOnal Impact Fee for the Manatee Bay project sho\!,ld be $229,865
'J0 \-VJ W l \... y fV~iZ UArJ'l'5'
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1 The number of unItS has Increased the Impact to the CIty because the 180 UnIts are bemg
bUIlt on the uplands creatIng a denSIty of 16.36 UnIts per acre rather than the allowable
10 8 unItS per acre for your ZOnIng.
Mr Mark M. Hansen, Vice PreSIdent
Olen ReSIdentIal Realty Corp
1062 Coral RIdge Dnve
Coral Spnngs, Flonda 33071
Re Manatee Bay RecreatIOn Fee
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Dear Mr Hansen.
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Staffs posItIon IS based on the follOWIng
2 The submerged lands are of relatIve lIttle value except for the dock out Into the
Intracoastal Waterway and cannot be valued at the same acre pnce as the bUIldable
uplands.
3 Upon reVieWIng the first phase of the abuttIng Via Lago development, there was no credIt
gIven for addItIOnal unItS for the 3 6 acres of submerged lands.
4 TheoretIcally, the Impact fee IS to be used to Increase recreatIOn resources wIthIn the
VICInIty from whIch the fees are collected, whIch could Include land acqulSltIOn. A fee
collected based, In part, on submerged lands, may be InsuffiCIent to acqUIre eqUIvalent
land on whIch a park could be developed.
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6260 FAX. (561) 742-6259
l~
Mr Mark Hansen, Olen ResIdentIal Realty Corp
Re Manatee Bay RecreatIOn Fee
September 22, 1999
Page Two
1,
Chapter I, ArtIcle V, SectIOn 3 e.(4) of the CIty'S Land Development RegulatIOns (LDR) states
that the CIty CommISSIOn may accept the fair market value of a qualIfied real estate appraiser, !f
found reasonable. SInce your company and CIty staff cannot resolve thIS Issue, we recommend
you appeal your case to our CIty Comml:SSlOn as outlIned In Chapter 1, ArtIcle VII, SectIOn
l.D.2. of the LDR.
SIncerely,
Michael W Rumpf
PlannIng & ZonIng DIrector
~y;
DEPARTMENT OF DEVELOPMENT
MEMORANDUM
ENG 99-112
THRU
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Nicholas Igwe, Assistant CIty Attorney I PLAN' ....~
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Nancy Byrne, ActIng DIrector of Development u r
Ken Hall, EngIneerIng Plan Check Inspector/TechnIcIan ~
Michael Rumpf, DIrector of PlannIng & ZonIng
John Wildner, Parks SuperIntendent
TO.
FROM.
RE
August 24, 1999
P~r-
~ATEE ~CREATION FEE JUSTIFICATION
DATE.
A reVIew of PlannIng's VIa Lago file IndIcates the follOWIng
Based on the 66 umt development contaInIng 11.29 acres, no credIt for additIOnal umts was gIven to the
3.57 acres of submerged land. The number of unItS was determIned by the densIty multIplIed by the 7 72
bUIldable acres (see the attached four documents from the Via Lago file)
As to the comparIson to the Hills of Lake Eden development and the preserve area, I don't see any real
comparIson. The U: acres at the "Hills" was a set aSIde reqUIrement for the scrub area. There was no set
aSIde reqUIrements for "Manatee" The one acre was on bUIldable land and represented 07 ofthe SIte.
The submerged lands at "Manatee" consIst of 6 acres, whIch IS 35% of the overall site
The densIty of "Hills" was reduced by the reZOnIng to P U.D and a reqUIrement that the homes have a
mInImUm of 2400 sq ft. under aIr The denSIty at "Manatee" Increased from the allowable 10 8 unIts/acre
to 16.36 unIts/acre because the unItS are all beIng built on the uplands.
It IS my OpInIOn that the recreatIon fee of $229,865 00 for 180 UnIts built on 11 acres creatIng an Impact of
16.36 unIts/acre IS JustIfiable, and If challenged, the applIcant should take hIS appeal to the CIty
CommISSIOn.
KRH/ck
Attachments (4)
Xc Jack Casler, P.E., P.L S , ActIng CIty EngIneer
C:\My Documents\Manatee Bay Rec, Fee Justification.doc
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MINUTES OF THE I ULAR MEETING OF THE PLANNING-&. ZONING BOARD HELD
AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY .UGUST 28, 1979
PRESENT
Arnold Thompson, Chairman
Lillian Bond
Ezell Hester
Caesar Mauti
Simon Ryder
Carmen Annunz:ato, City Planner
ABSENT
Fred DiSa1le, Vice Chairman (Excused)
Gene Johnson (Excused)
Chairman Thompson welcomed everyone and called the meeting to
order at 7 30 P M
MINUTES OF AUGUST 14, 1979
Mrs Bond moved to approve the minutes, seco~ded by Mr Hester
Motion carried 5-0
ANNOUNCEMENTS
Mr Annunziato announced the second public ~earing was held on
the Comprehensive Plan at the last City Council meeting and it
was adopted 4- 0
NEW BUSINESS
Site Plan Approval
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66 unit Condominium, 11 29 acres S~ lIl!~/T'i
Vi a Lago L--.-,<-~,- -IQ - .
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Chairman Thompson requested Mr Annunziato to give a description
of the project Mr Annunziato informed the Board this is a 66
unit condominium located behind Bernard's Restaurant He then
described the six different type units varying from one to three
stories The approximate price range is $105,000 to $155,000
The net density is 8 5S units per acre This project will be
served by City sewer and water There are two entranceways, both
from Lake Street, and the south half of Lake Street, a 25' right-
of-way, will have to be dedicated when this property is platted
Applicant
Location
Project
Description
Project Name
The 1700 Development Corp (Tim Greene, Agent)
Lake Street (behind Bernard's Restaurant)
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Mr Tim Greene,
told about this
they have saved
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Agent and Developer for the 1700 Development Corp ,
being a unique site with valuable vegetation which
or relocated He then exolained the architectural
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MINUTES - PLANNING & ZONING BOARD
AUGUST 28, 1979
concept He stated there will be common recreation areas, docks,
exercise area, pool, walking gardens, etc Their plans are to
build in three phases as noted on the drawing He will be glad
to answer any questions
Mrs Bond questioned what was proposed for the area to the west
and Mr Greene explained that the entire property will be surrounded
by a 6' concrete wall which will be planted with vines and ground
cover He explained how they were trying to create a self-contained
club-like atmosphere in concept Mr Annunziato referred to this
not being shown on the plan and Mr Greene replied that it is noted
in the notes and this was discussed originally, but they had to
check the elevations After the preliminary site work was done,
this was noted
Mr Ryder referred to Lake Street terminating and stated normally
a turn-around is shown at the end and Mr Greene explained that
Lake Street was extended so the entrance would be 600' from it
Mr Ryder clarified that he was referring to the termination and
not the extension and Mr Greene replied that he did not have a
solution for that Mr Annunziato suggested the proper signs
indicating a dead end would alleviate this problem He added
it was not necessary to construct a cul-de-sac with this short
street length ~r Greene added that it is a mi~imally traveled
road Mr Ryder stated the residents have access from Lake Street
and the street to the north and Mr Greene agreed, plus there is
access to the City park where there is an outlet to Federal High-
way
Mrs Bond questioned where additional guest parking would be and
Mr Greene informed her that two parking spaces per unit are
provided with the garage and in addition, there will be driveways
from the paved roads which would accommodate guests in front of
the garages
Chairman Thompson requested the staff comments to be read Mr
Annunziato read the memo from Mr Howell, Building Official,
listing the following comments
1 Show sidewalks on Lake Street
2 25% of the apartments in each building must be accessible
for handicapped personnel
3 25% for parking for each building must be handicapped
4 Water Management approval required
5 Health Department approval required
6 Show setback dimensions from property lines, between
buildings, etc
Mr Annunziato then read the following comments from Mr Tom
Clark, City Engineer
I I recommend platting
2 Cul-de-sac should have a 40 ft paving radius
3 Commercial property should be included in the plat and an
easement should be indicated for the west entrance roadway
4 Setbacks and clearances should be shown on all buildings
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MINUTES - PLANNING & ZONING BOARD
AUGUST 28, 1979
Mr. Annunziato advised the Utility Director indicates the ingress,
egress and utility easement should be increased to 35' The Police
Department has noted outside lighting The Public Works Department
has noted the dumpster to be relocated from the northeast corner
since it is shown in the right-of-way to be dedicated His com-
ments are that platting is required, driveways to be shown, and
D.E.R. approval is required for emergency outflow He then read
the following recommendation from Mr Charles C Frederick, Parks &
Recreation Director "Based on the Subdivision Regulations, the
recreation dedication requirement for subject development is 99
acres ( 015 x 66 units) He recommends ~ credit be given for pri-
vate recreation provisions, thus reducing the requirement to 495
acres He recommends further that fee in lieu of land be raquired
as outlined in regulations 11 Mr Annunziato advised the recommenda-
tion is the plan be approved subject to these comments
Mr Mauti asked Mr Greene if he had received these staff comments
and Mr Greene replied that he received three of the comments
and had discussions with Mr Annunziato and Mr Clark They are
minor problems which can be resolved Mr Mauti clarified that
he had no objections to the staff comments and Mr Greene agreed
Chair~an Thompson asked if the home ownership of these units
would be fee simple and Mr Greene informed him it would be a
condominium association with the land conveyed to the association
for maintenance
Mr Mauti made a motion to approve this plan subject to staff com-
ments, seconded by Mr Hester Motion carried 5-0
OTHER
Mr Annunziato informed the Board that Mr Perry Cessna has re-
joined the staff which the staff is real pleased about Mr
Cessna was valuable when he left and valuable to be back
La Riva Restaurant
Mr Mauti referred to the plans for the La Riva Restaurant and
told about being called and advised that the Community Appear-
ance Beard is against this Board's recommendations Our appro-
val was subj ec t to staff comments including those from Mr
Ryder regarding sidewalks, li~hting, and the parking area to be
moved back 5' for safety purposes He understands when this plan
went to the Commu~ty Appearance Board, it was turned down because
they did not want the parking lot where we did Mr Annunziato
replied that his understanding is Mr Davis interpreted the
Board's meaning to expand the easternmost parking bay to the
point w~ere it cut into the landscaped area along the Intracoastal
and this formed a conflict between the two Boards He does not
think expanding the one area S' for trucks was interpreted cor-
rectly It was a major alteration and this was a point of conten-
tion Additionally, the Corr~unity Appearance Board felt this
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TH~.700 DEVE~OPMEN1..-oRP. _
4~. NORTHEAST FIFTH A VENl'E
DELRA Y BEACH. FLORIDA
305/276-8600
Plalaim ~~ IMP~
"VIA UGJ- PHi\SE I
- 1. Oxlcrete gazeboeS along footpaths.
2. Qle-half of Vita Course exercise CXJUrSe and exercise stations and equi.ptent.
3. Foot paths winding through the botanical gardens.
4. Beach on Lake W:>rth.
s. Side walk
6. Benches along footpaths to be used as quiet areas.
Plat I contains 3.374 acres of land and the appraised Market Value as of Noveni:ler 20,
1979 as per independent appraiser was:
THREE HUNDRED 'IWENl'Y FaJR THOOSAND OOLLARS
($324,000)
Ccrrputation of Recrea.tion Fee:
.015 acres per unit x 24 urti.ts =
2
.18
Land Value
Total acres
$324,000 =
3,374
$96,028/ac:re
x 18
Total Rec. Fee-
$17,285.00
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 18, -1919-...,..
.."
Mr Annunziato continued that this information is on the plat and
should be transferred to the site plan This was on the agenda
several weeks ago and was deleted because it was not approved by
the Community Appearance Board The proper drawings were sub-
mitted last night to the Community Appearance Board and approved
I
Mr Roberts questioned the location of the entrance to this pro-
ject and Mr Annunziato pointed out it would be S E 1st Street
extended
Mr Vance asked if the applicant was in agreement with the staff
comments and Mr Granados replied affirmatively and stated he will
comply with them
)
Mr Trauger made a motion that the Council approve the site plan
for Seaway Villas PUD for 21 duplexes at Seacrest & S E 21st
Avenue subject to the staff comments Mr Roberts seconded the
motion No discussion Motion carried 4-0
Hunter's Run Golf & Racquet Club (Summit Associates) - Construction
of Rail and Post Screen Wall at South Entrance Submitted by Paul
Hykel, Agent for Hunter's Run
Mr Annunziato showed the plan and pointed out that north of the
entrance has been approved and this site plan is for the construc-
tion of the rail fence lying south of the entrance road and west
of Congress Avenue It has been constructed The staff did re-
view this as did the Planning & Zoning Board and Community Appear-
ance Board with positive recommendations from all Mayor Harmening
commented that they have done an excellent job in landscaping and
beautifying the south end of Congress Avenue
Mrs Riscoe moved to accept the rail and post scree~ wall at the
south entrance of Hunter's Run, seconded by Mr Roberts No
discussion Motion carried 4-0
~
1700 Development Corporation (Via Lago) - Construction of 66 Unit
Condominium Complex, including recreation facilities and dock,
maximum height of 3 stories at 37 feet submitted by Tim Greene
for the 1700 Development Corporation Location East of Bernard's
Restaurant on Lake Street
.;
Mr Annunziato advised this is a sensitive landscaped area consist-
ing of horticultural gardens behind Bernard's The site plan pro-
vides for an entrance off Lake Street and just east of Bernard's
He pointed out the loop road system Every effort has been made
to have the landscaping on the site remain in its original state
Attempts have been made to relocate trees in the way of the site
plan to other sites The applicant has provided for a decorative
wall to be constructed for privacy and it will be landscaped on
the inside of the wall There was a slight problem regarding the
termination of Lake Street and a very small amount of Lake Street
i
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER J.8!~9 1/
will have to be extended and the south half of the right-of-way
for Lake Street will have to be dedicated This will be provided
by this site plan in a plat to follow He then explained the
buildings varying in elevation not to exceed 37 feet
Mr Tim Greene, 466 N E 5th Avenue, Delray Beach, developer and
agent for Via Lago, carne before the Council He referred to
having a four story plan drawn for 80 units, but advised it de-
stroyed the site In re-evaluating, they cleared out vegetation
choking out valuable vegetation He explained how they tried to
carry the theme of the restaurant throughout the whole project
He told about the various facilities planned
Mayor Harmening questioned if there was a projected price range
and Mr Greene replied they would start around $130,000 to $140,000
with a size range from 1,700 to 2,500 square feet with garage,
large decks and patios
Mr Annunziato stated the net density on the buildable land is
approximately 8 units per acre Mr Roberts questioned how the
3 578 acres fit into the plan and Mr Annunziato replied the
owners have the deed to the submerged land, but no credit was
gi ven for that
Mr Trauger asked if the ownership of the development corporation
was the same as Bernard's and Mr Green replied negatively and
explained the 1700 Development Corporation will be the owners
which is separate from the restaurant
Mayor Harmening referred to there being several stipulations
attached to this approval from the Engineering Department, Build-
ing Department, Utility Department, Police Department, General
Services Department, Planning Department and Recreation Depart-
ment and asked if he was familiar with all the stipulations
Mr Greenereplied affirmatively and stated they have clarified
them to the approval of all agencies and they will abide by all
staff comments
Mr Trauger moved approval of the site development plan for the
1700 Development Corporation for construction of a 66 unit condo-
minium complex located east of Bernard's Restaurant on Lake
Street, subject to acceptance of staff comments Mrs Riscoe
seconded the motion No discussion Motion carried 4-0
LEGAL
Ordinances - 2nd Reading - Public Hearing
Proposed Ordinance No 79-28 - Re Creating Codes Enforcement
Board
Mr Vance read proposed Ordinance No 79-28 by title on second
reading
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PARKS MEMORANDUM #99-16i 1Ul'" '. ,1-1
i PlANN!NG AND
ZONING DEPT.
LEISURE SERVICES.
TO
Mike Rumpf, Act10g Planmng & Zon1Og DIrector
Mike Haag, BUIld10g PermIt AdmmIstrator
John Wildner, Parks Supenntendent ~
Manatee Bay Recreation Fee f
FROM,
RE.
DATE
March 4, 1999
The Parks DIvIsion has revIewed the attached letter and plans from Olen Residential
Realty CorporatIon concermng the recreatIOn fee for the Manatee Bay project.
PreViously, thIS site was known as Banyan Cove Apartments. Also attached, IS a copy of
Parks Memorandum #98-93, whIch 10cluded recreation comments.
Based on the most recent submIttal, the Parks DIVISion IS recommendIng one-half credIt
toward the recreatIOn fee as follows
180 dwell10g umts (multIfamIly) X 015 acres/d.u. = 2,7 acres 10cludIng one-half credIt
for pnvate recreatIOn, 2 7 acres divided by 2 = 1 35 acres reqUIred.
ThIS divIsIOn recommends fee 10 lieu of land. The Department of Development has
determ10ed the value of the land to be $229,86500 ($170,270 37/acre X 1.35 acres)
S10ce plat10g of this project IS optIOnal, collection of the recreatIon fee Will occur before
the Issuance ofbUIldmg permIts,
JWad
Attachment
Xc Ken Hall, Plan Check Inspector/Tech