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AGENDA DOCUMENTS ct( CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to City Clerk's Office Meetine Dates in to City Clerk's Office 0 April 7, 2004 March 15,2004 (Noon.) 0 June 1,2004 May 17, 2004 (Noon) I:8J April 20, 2004 AprilS, 2004 (Noon) D June 15,2004 May 31. 2004 (Noon) 0 May 4, 2004 April 19, 2004 (Noon) D July 6, 2004 June 14,2004 (Noon) 0 May 18, 2004 May 3, 2004 (Noon) D July 20, 2004 July 5, 2004 (Noon) D Administrative D Legal NATURE OF D Announcement D New Business AGENDA ITEM D City Manager's Report D Presentation I:8J Consent Agenda D Public Hearing D Code compliancelLegal Settlements D UnfInished Business RECOMMENDATION: Please place this request on the April 20, 2004 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-077. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Coastal Bay Colony (SPTE 04-002) Carlos Ballbe, Keith & Ballbe, Inc. Southern Homes of Palm Beach SE 23'" and South Federal Highway Request for a one (I) year time extension of the site plan approval granted on February 18,2003, from February 18, 2004 to February 18, 2005. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: City Manager's Signature h~r..J ~ /, Planoing and frilg Director City Attorney I Finance I Hwnan Resources S:\Planning\SHARED\WP\PROJECTS\Southem Homes of Palm Beach\Coastal Bay Colony\Agenda Item Request Coastal Bay Colony SPTE 04-002 4-20- O4.dot S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. 04-077 TO: Chairman and Members Community Redevelopment Agency ~~ Michael W. Rumpf Planning and Zoning Director THROUGH: FROM: Maxime Ducoste-Amedee Planner DATE: March 26, 2004 SUBJECT: Coastal Bay Colony (SPTE 04-002) Site Plan Time Extension NATURE OF REOUEST Carlos Ballbe, agent for property owner, Southern Homes of Palm Beach is requesting a one-year time extension, of the site plan approval originally granted on February 18, 2003. The subject property, zoned IPUD, is an irregularly-shaped parcel comprised of multiple lots totaling 4.34 acres. As indicated on the survey, the site fronts on both Golf Road and Federal Highway. If approved, the request would extend the expiration date of this site plan approval, including concurrency certification, from February 18, 2004 to February 18, 2005 (see Exhibit "A" - Location Map). BACKGROUND On February 18, 2003, the City Commission granted site plan approval for the Coastal Bay Colony project; a development consisting of 64 fee simple townhouse units in 12 separate buildings on a 4.34-acre parcel (see Exhibit "B" - Site Plan). The plan also includes a recreation area with a clubhouse and pool. The number of units within each building varies from three (3) to eight (8) units. The buildings will be two (2) and three (3) stories high and include two (2) and three (3) bedroom units. The approval was subject to staff comments and included concurrency certification for all applicable levels of service. As of this date, a new plat of the property has been submitted and is under review in the Engineering Department. It should be forwarded for the City Commission consideration in April 2004. A building permit was applied for and iS5ued in error (after project expiration); however, the applicant has been informed by the Building Division that no work can occur until final re-plat approval. ANALYSIS According to Chapter 4, 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 Memorandum No 04-077 Coastal Bay Colony SPTE 04-002 Page 2 requirement. The Planning and Zoning Division received the application for a site plan time extension, on February 3rd, 2004, prior to the expiration date. The purpose of the time limitation is to maintain approved projects In accordance with current development regulations, to free-up Infrastructure capacity for active or new development applications, and to expire projects that are not proceeding In good faith. Staff also contacted the Palm Beach County Traffic Engineering Division to verify that traffic concurrency approval is still valid for the project. The original approval letter was dated January 22, 2003 assuming a "Build-out Year" of 2003. According to the Palm Beach County Traffic Engineering Division, since this project is located within the County Coastal Residential exception areas, the project still meets the Traffic Performance Standards of Palm Beach County. Regarding water and sewer capacity, the applicant has reserved capacity with the Utilities Department for the project. The reservation of capacity locks in the capacity needed for a specific development for a year at a time. Currently, the reservation of capacity is valid until April 28, 2004. Lastly, no applicable new regulations have been adopted since project approval, against which this project should be reviewed. One informal criterion that staff methodically utilizes In the evaluation of a request for time extensions Is the applicants' demonstration or willingness to complete the project in "good faith". The reason given for this time extension request is related to obtaining approval and recordation of a new plat. The applicant has demonstrated willingness, since several permits are ready to be issued once the new plat is approved. The Land Development Regulations allow for one time extension and in most cases that Is adequate. RECOMMENDATION Therefore, staff recommends that this request for a one-year time extension of site plan and concurrency approval be granted, which would extend project approval from February 18, 2004 to February 18, 2005. All conditions of approval that were required by the initial development order must stili 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 Regulations and particularly because of the Notice of Intent related to Staff's re- evaluation of the Inflll Planned Unit Development zoning district. S:\Plannlng\SHARED\WP\PROJECTS\Southem Homes of Palm eeach\Coaslal Bay COlony\SP1E 04-OO2\staff Report.doc Location Map COASTAL BAY COLONY 'l fYmmomrn I Et f. 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EXHIBIT "e" Conditions of Approval Project name: Coastal Bay Colony File nurnber: SPTE 04-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General 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 BillLDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY RECEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECfS\Southern Homes of Palm Beach\Coastal Bay CoJony\SPTE 04..Q02\COA.doc S:IPlanninglPlanning TemplateslConditlon 01 Approval 2 page .P&D ORA 200310nn.doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of agenda reauest (with back uDl to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Deadline for Submittal to City P &: D/CRA Requests Deadline Commission Meeting Clerk's Office Dates A ril 7 2004 A ril 20 2004 Ma 4 2004 Ma 18 2004 June 1 2004 June 15 2004 Jul 6 2004 Jul 20 2004 Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e. . Exhibit "A' ~~\2-- Department Head's initials: Coastal Bay Colony (SPTE 04-002) Please do not write in the shaded area below. Legal Department slgnature 0 ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) miSSing 0 Incomplete submittal 0 Missed deadline 0 Other 0 City o r's signature Reason: Person contacted to pick up rejected request by bg - 7{19{02 5:\Planning\Planning Templates\Agenda Item Cover Checklist April 6 - July 20, 2004.doc on (Date)