REVIEW COMMENTS
DEVELOPMENT DEPARTMENT SERVICES
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 02-310
TO' Chairman and Members
Planning and Development Board
THROUGH: Michael W Rumpf
Planning and Zoning Director
FROM: Eric Lee Johnson, AICP
Planner
DATE: January 9, 2003
SUBJECT Dakota Lofts
SPTE 02-004
NATURE OF REQUEST
Mr Dror Trigger of Dakota Lofts Development, Inc. is requesting a one-year time extension for the
site plan approved on January 15, 2002. The property, zoned PUD, consists of two (2) parcels
totaling two (2) acres, located at 3010 South Federal Highway The subject site was previously
developed with the Sun Wah restaurant, which has been razed for the development of "Dakota Lofts"
townhouses. If this request for site plan extension were approved, it would extend the expiration date
of this site plan approval, including concurrency certification, to February 18, 2004 (see Exhibit "A" -
Location Map).
BACKGROUND
As previously mentioned, the subject site was home to the Sun Wah restaurant. On November 28,
2001, the previous owner submitted permits to raze the structure and its respective parking areas.
On January 15, 2002, while the structure was in the demolition process, the City Commission granted
new site plan approval for the construction of 19 luxury fee-simple townhouse units to be known as
"Dakota Lofts" As a project condition of approval, the property is required to be platted. On
February 28, 2002, the original owner applied for building permits for all three (3) proposed residential
buildings but never submitted any permit plans. Subsequently, the property ownership changed
hands (to the current owner) causing complications with the building permits. The final inspection for
the Sun Wah building demolition did not occur until October 29, 2002, which further caused
complications with the permitting process. Also, building permits cannot be issued until the property
has been platted and the legal access issues are resolved. No building permits have been issued on
the subject property
ANALYSIS
According to Chapter 2, Sec. 5 of the Land Development Regulations, " the applicant shall have one
year to secure a building permit from the development department." It states further that the City
Commission may extend the approval for one year provided the applicant has filed a request for a
time extension prior to the expiration of the original approval. In this case, the applicant has met the
requirement. The Planning and Zoning Division received the application for a site plan time extension,
on November 14, 2002, two (2) months prior to the expiration date.
Memorandum No 02-310
Dakota Lofts SPTE 02-004
Page 2
On October 3, 2002, the present property owner submitted permit plans for the six (6)-unit building.
The applicant now wants to avail himself the opportunity to postpone the expiration date of the site
plan in the event he fails to secure a building permit by mid-January As mentioned above, no
building permits can be issued until the platting process is complete. Staff anticipates that the legal
access (platting) issues will be resolved but not before the site plan expires. Therefore, it may be
some time before a building permit can be issued. Since this is the case, it is critical that the site
plan's expiration date be extended.
Staff also contacted the Palm Beach County Traffic Engineering Division to verify that concurrency
approval is still valid for the project. The original approval letter dated August 15, 2001 assumed a
"Build-out Year" of 2002. A revised traffic statement with a Build-out Year of 2004 was submitted and
sent to the Traffic Division for their review and approval. As of the date of this report, staff has received
verbal confirmation but no written confirmation from the Traffic Division that the project meets traffic
concurrency standards of Palm Beach County Written confirmation is required prior to the issuance
of a building permit (see Exhibit "B" - Conditions of Approval).
In conclusion, ownership of the property changed and the existing restaurant was required to be
demolished in order to begin planning for the new residential buildings. Approval of this site plan
extension will ensure a more timely process for the eventual construction of the townhomes after all
outstanding legal access (platting) issues have been resolved.
RECOMMENDATION
Staff recommends that this request for a one-year time extension of site plan and concurrency
approval be granted, which would extend project approval to February 18, 2004 All conditions of
approval that were required by the initial development order must still be satisfactorily addressed
during the building permit process. If additional conditions of approval are required by the Board or
City Commission for the approval of this request, said conditions will be included on the attached
Exhibit "c" - Conditions of Approval.
Staff would not support a second extension, if so requested, due to the upcoming rewrite of the Land
Development Code regulations. The site plan should be required to meet all new regulations at that
time.
S:\Planning\SHARED\WP\PROJECTS\DAKOTA LOFTS\SPTE 02-004\staff report.doc
Location Map
DAKOTA LOFTS
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EXHIBIT "A"
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EXHIBIT "B"
Conditions of Approval
Project name: Dakota Lofts
File number SPTE02-004
Reference: Site Plan Time Extension for Dakota Lofts
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALlST
Comments: None
PLANNING AND ZONING
Comments:
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
1. Prior to the issuance of a building permit, the Palm Beach County Traffic
Division must approve the revised traffic statement with the "Build-out Year" of
2004
COMMUNITY REDEVELOPMENT AGENCY CONDITIONS:
Comments:
2. To be determined.
CITY COMMISSION CONDITIONS:
Comments:
3 To be determined.
S:\Planning\SHARED\WP\PROJECTS\DAKOT A LOFTS\SPTE 02-Q04\COA.doc
DEVELOPIII. JT ORDER OF THE CITY COMMI, ,ON OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME Dakota Lofts
APPLICANT'S AGENT Dror Trigger
APPLICANT'S ADDRESS. 3010 South Federal Highway Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 18, 2003
TYPE OF RELIEF SOUGHT Site Plan Time Extension
LOCATION OF PROPERTY 3010 South Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
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
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'
City Clerk
S:IPlanningISHAREDlWPIPROJECTSIOAKOTA LOFTSISPTE 02-004100,doc
HPT
CONSULTANTS. INC.
:1,50 N.W Boca Raton Blvd.
Suite B-38
Boca Raton. FL 33431
Tel 561-998-0955
Fax 561-997-5721
~ 'J I L en' J rlS' I ,,~
PROFESSIONAL
ENGINEERING
LAND DEVELOPMENT
.
SITE EVALUATION
.
GOVERNMENTAL
.
PERMITTING
.
'rRAfFIC ANALYSTS
& CONCURRENCy
.
PROJECT MANAGEMENT
.
ENYIR()NMEN'fAL
July 30,2001
Revised January 6,2003
Mr Jeffery Livergood
City of Boynton Beach
Department of Development
Planning and Zoning Division
100 East Boynton Beach Blvd.
Boynton Beach, Florida, 33425
ill
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JAN-elO03 it:
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PLANNING ,IND
ZONIN,i DLL___~ J
RK Dakota Lofts
19 Multi-family units
Dear Mr Livergood,
HPT Consultants, Inc. was retained to prepare a trip equivalency analysis for
the above referenced project. The project is located at 3010 South Federal
Hwy and is presently being utilized as a family restaurant(Sun Wah Chinese
Restaurant). The proposed project will consist of 19 townhouses. The
existing restaurant is approximately 11,500 SF in size and will generate 2008
ADT, including using a 15% pass-by rate. This is based on the ITE trip
generation rates for a family restaurant. Therefore the existing restaurant is
vested with these 2008 daily trips. The trip generation calculation for the
proposed development equates to 13 3 trips per day according to the ITE trip
generation rate for multi-family residential units. This will result in a net
decrease in daily trips of(-1,875). The revised build-out date requested for
this project is December, 2004
Since the total average daily traffic generation expected from the proposed
project is less than the vested daily trips, a traffic study is not required.
If you have any questions or need any additional information please feel free
to contact me at 561-998-0955
"
Sincerely,
..
\-- G,-
H. P Tompkins, ., P,E
Principal"in-Charge
FACSIMILE
CITY OF BOYNTON BEACH
City Hall, West Wing
100 E. Boynton Beach Blvd.
P.O Box 310
Boynton Beach, Florida 33425
(561) 742-6260
(561) 742-6259 Fax
From the office of
Planning & Zoning
TO: Dror Trigger
FAX: (561) 733-0968
FROM: Eric Lee Johnson, Planner
DA TE:
01-0-6-03
NUMBER OF PAGES: (including cover)
3
RE: Traffic Concurrency
Please find the attached Traffic Statement (prepared by Mr H.P Tomkins) and Mr. Masoud Atefi's
letter indicating project approval regarding traffic concurrency. Mr Atefi's letter indicates the project
build-out year as 2002. The traffic statement will need to be revised to indicate the new anticipated
build-out year At your earliest convenience, please submit a revised traffic statement to the
Planning & Zoning Division. We will then forward the statement to Mr Atefi's office for his review
and approval. I do not anticipate any problems regarding traffic concurrency
If you have any questions or comments, do not hesitate to call me at the phone number listed above.
If you receive this fax in error, or experience trouble with transmission, please notify our
office immediately, at (561) 742-6260. Thank you.
s: \Planning\Shared\ Wp\Project5\DAKOT A LOFTS\SPTE 02-004 \Fax.dot
HPT
CONSULTANTS. INe.
2295 Corporate Blvd, N.W
Executive CQurt One
Suite 240
Boca Raton, FL 33431
reI 561-998-0955
Fax 561-997-5721
Email: hptcon@bellsouth.net
PROFESSIONAL
ENGINEERING
LAND DEVELOPMENT
.
SITE EVALUATION
.
GOVERNMENTAL
.
PERMITTING
.
TRAFFIC ANALYSIS
& CONCURRENCY
.
PROJECT MANAGEMENT
.
ENVIRONMENTAL
July 30, 2001
Mr Jeffery Livergood
City of Boynton Beach
Department of Development
Planning and Zoning Division
100 East Boynton Beach Blvd.
Boynton Beach, Florida, 33425
RE. Dakota Lofts
19 Multi-family units
Dear Mr. Livergood,
HPT Consultants, Inc. was retained to prepare a trip equivalency analysis for
the above referenced project. The project is located at 30 I 0 South Federal
Hwy and is presently being utilized as a family restaurant(Sun Wah Chinese
Restaurant). The proposed project will consist of 19 townhouses. The
existing restaurant is approximately 11,500 SF in size and will generate 2008
ADT, including using a 15% pass-by rate. This is based on the ITE trip
generation rates for a family restaurant. Therefore the existing restaurant is
vested with these 2008 daily trips. The trip generation calculation for the
proposed development equates to 133 trips per day according to the ITE trip
generation rate for multi-family residential units. This will result in a net
decrease in daily trips of(-1,875).
Since the total average daily traffic generation expected from the proposed
project is less than the vested daily trips, a traffic study is not required.
If you have any questions or need any additional infonnation please feel free
to contact me at 561-998-0955
Sincerely,
..",.' ''''~' ......
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Department of Engineering
and Public Works
Po. Box 21229
West Palm Beach, FL 33416.1229
(56 t) 684-4000
www.pbcgovcom
.
Palm Beach County
Board of County
Commissioners
Warren H. Newell. Chairman
Carol A. Roberts. Vice Chair
Karen T. MarCus
Mary McCarty
Burt Aaronson
Tony MasHatti
Addie L. Greene
County Administrator
Robert Weisman
"An Equal Opportumty
A.ffirmanve I'\ction Employer
@ printed on recycled paper
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~PARrMENT 0" DE /ElOP:-:' I
_ v,U..T1
August 15, 2001
Mr Michael W Rumpf
Director of Planning & Zoning
Department of Development
City of Boynton Beach
PO Box310
Boynton Beach, FL 34425-0310
RE: Dakota Lofts
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Mr Rumpf:
The Palm Beach County Traffic Division has reviewed the traffic statement for this
project, pursuant to the Traffic Performance Standards in Article 15 of the Palm Beach
County Land Development Code. This project is summarized as follows:
Location:
Municipality'
Existing Uses:
Proposed Uses:
New Daily Trips:
Build-out Year:
3010 South Federal Highway
Boynton Beach
11,500 SF High Tum-Over Sit-down Restaurant
19 MF Residential Dwelling Units
Trip reduction
2002
Based on our review, the Traffic Division has determined that the project meets the
Traffic Performance Standards of Palm Beach County
If you have any questions regarding this determination, please contact me at 684-4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
/Y).
cc: HPT Consultants
File: General. TPS. Mun. Traffic Study Review
F'\TRAFFIC'malAdminlApprovals\010808.doc