REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-235
FROM:
Chair and Members
Community Redevelopment Agency
Michael Rump~
Director of Planning and Zoning
Ed Breese ~
Principal Planner
TO:
THRU:
DATE:
September 29, 2004
PROJECT:
Marina Townhomes / SPTE 04-007
REQUEST:
Site Plan/Conditional Use Time Extension
PROJECT DESCRIPTION
Property Owner: TRG - Boynton Beach, Ltd.
Applicant/Agent: Bonnie Miskel of Ruden McClosky
Location: 743 NE 1st Avenue (see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Mixed-Use (MU) / Mixed-Use High (MU-H)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
Townhouses
Acreage:
26,076 square feet / (0.60-acre)
Adjacent Uses:
North:
Right-of-way for Boynton Beach Boulevard and farther north city lift station
and undeveloped land occupied by mangroves zoned Central Business
District (CBD);
East:
Right-of-way for Ocean Avenue and farther south is developed commercial
(Ocean Plaza shopping center), zoned Central Business District (CBD);
Right-of-way for Northeast 6th Street (a.k.a Marina Drive) and the
Intracoastal Waterway; and
South:
West:
Developed commercial property (First Financial Plaza), zoned Central
Business District (CBD).
BACKGROUND
Ms. Bonnie Miskel, agent for TRG - Boynton Beach, Ltd. is requesting a one (i)-year time extension, for
the site plan and conditional use approval (COUS 03-003) originally granted on July 15, 2003. The
property, zoned Mixed Use High (MU-H), is a part of the larger Marina Project, which is currently under
Page 2
Memorandum No. PZ 04-235
construction. The intent of the project is to construct eleven (11) townhomes on a parcel approximately
0.60 acre in size. If this request for extension were approved, the expiration date of this site plan,
including concurrency certification would be extended to July 15, 2005.
The eleven (11) townhomes would be contained in two (2) buildings, one containing (6) units and the
other containing five (5) units, and would be located on the south edge of the north marina. The
townhomes would be three (3) stories with garage parking. Each unit is a two-bedroom model, ranging in
square footage from 1,542 to 1,658 square feet.
ANALYSIS
On July 15, 2003, the City Commission granted conditional use approval for the above-referenced project,
which was subject to 15 conditions. All project conditions of approval pertaining to the conditional use
would still apply. Palm Beach County Traffic Division has previously approved the project for traffic
concurrency with a build-out date of 2005.
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". It states further that the City
Commission may extend the approval for one (1) year provided that 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 & Zoning Division received the application for a site plan time extension on
July 6, 2004, prior to the expiration date.
After Commission approval, the Related Group was concentrating their efforts on preparation of
construction drawings for the larger portion of the project, the residential towers, retail component and
parking garage. Due to the complexity of the project, it took nearly the entire year to complete the plans
for the towers and garage, working with other agencies under the requirements of a mediation
agreement. As a result, the town home plans were not completed within the one-year timeframe and no
permit issued. Since the permits have now been issued for the larger, more complex portion of the
project, the town homes have become the focus of The Related Group's efforts and they are confident
they will secure a building permit within this extended period.
RECOMMENDATION
Staff recommends approval of this request for a one (l)-year time extension of the site plan and
conditional use approval (COUS 03-003). This recommendation is based on the "good faith" effort shown
to build the overall project, the fact that traffic concurrency has been maintained, and no changes have
been made to the Land Development Regulations that would impact this project since it was approved in
2003. Approval of this request for site plan and conditional use time extension would extend the project's
expiration date to July 15, 2005.
All conditions of approval included in the initial development order must still be satisfactorily addressed
during the building permit process. No new conditions of approval are recommended in conjunction with
this extension at this time; however, any conditions of approval recommended by the Board or required
by the City Commission will be placed in Exhibit "C" - Conditions of Approval.
S;\Planning\Shared\Wp\Projects\Marina Townhomes \SPTE 04-007\Staff Report,doc
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EXHIBIT "B"
200 EAST BROWARD BOULEVARD
FORT LAUDERDALE, FLORIDA 33301
~ Ruden
~~I McClosky
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(954) 527-2476
FAX: (954) 333-4076
BONN IE,MIS KEL@RUDEN,COM
July 2, 2004
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Michael Rumpf, AICP
Planning & Zoning Director
100 E. Broward Boulevard
Boynton Beach, FL 33401
RE: Marina Townhomes - Request for One Year Time Extension
Dear Mike:
On behalf of The Related Group Boynton Beach, Ltd ("Related"), we respectfully request
a one-year time extension on the Marina Townhomes site plan.
As you know, Related has been busy preparing construction drawings for the residential
towers and the parking garage. These plans have been submitted to the City for review and
issuance of building permits. This has been the focus of effort for the past year, and Related is
now able to direct its attention to the Marina Townhomes, which are a minor part of the overall
project.
Due to the complexity of the project, we are confident that the City will understand the
delay in obtaining building permits for the Marina Townhomes. We respectfully request a one-
year time extension, until July 15, 2005, to secure a building permit for this part of the project.
This extension is still in keeping with the project's buildout date of December, 2005.
Thank you for your consideration ofthis matter.
Sincerely,
~
Bonnie L. Miskel
BLM/kkg
WPB:180912:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS' FT.lAUDERDALE . MIAMI. NAPLES. ORlANDO. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALlAHASSEE. TAMPA. WEST PALM BEACH
EXHIBIT "C"
Conditions of Approval
Project name:
File number:
Rfi
Marina Townhomes
SPTE 04-007
A r ' d J 1 6 2004
e erence: mnl1catlOn receIve ulv J.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: X
1. All previous Conditions of Approval from COUS 03-003 are still in force.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
Comments:
2. To be determined.
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
3. To be determined.
S: IPlanninglSharedl WplProjectslSunbelt HydraulicslSPTE 04-008ICOA.doc