REVIEW COMMENTS
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 04-077
TO:
Chairman and Members
Community Redevelopment Agency
~'12..-
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 extensionl 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 181 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 issued in error (after project
expiration); howeverl the applicant has been informed by the Building Division that no work can
occur until final re-plat approval.
ANALYSIS
According to Chapter 41 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 easel the applicant has met the
4
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 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 Regulations and particularly because of the Notice of Intent related to Staff's re-
evaluation of the Infill Planned Unit Development zoning district.
S:\Planning\SHARED\WP\PROJECTS\Southern Homes of Palm Beach\Coastal Bay Colony\SPTE 04-Q02\Staff Report.doc
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Location Map
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LANDSCAPE ELEVATION
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EXHIBIT "e"
Conditions of Approval
Project narne: Coastal Bay Colony
File number: SPTE 04-002
Reference'
DEPARTMENTS INCLUDE REJECT
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 ALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. To be determined,
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Southern Homes of Palm Beach\Coastal Bay Colony\SPTE 04-002\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc