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AGENDA DOCUMENTS 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 Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 7, 2004 March 15,2004 (Noon.) 0 June 1, 2004 May 17,2004 (Noon) 0 April 20, 2004 AprilS, 2004 (Noon) 0 June 15,2004 May 31, 2004 (Noon) I:8J May 4, 2004 April 19, 2004 (Noon) 0 July 6, 2004 June 14,2004 (Noon) 0 May 18, 2004 May 3, 2004 (Noon) 0 July 20, 2004 July 5, 2004 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation I:8J Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 UnfInished Business RECOMMENDATION: Please place this request on the May 4,2004 City Commission Agenda under Consent Agenda. The Planning and Development 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 04-04-070. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Arbolata (SPTE 04-001) William Wietsma ERMOE, LLC Southeast comer of south Congress Avenue and southwest ofSW 35th Avenue Request for a one (1) year time extension of the subdivision master plan approval granted on February 4, 2003, from February 4, 2004 to February 4, 2005. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: City Manager's Signature M~.~~ Plamting and Zonin irector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Arbolata Townhomes\SPTE 04-00 1 \Agenda Item Request Arbolata SPTE 04-001 5-4-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-070 TO: Chairman and Members Planning & Development Board THRU: FROM: Michael Rumpf Director of Planning and Zoning Eric Lee Johnson, AICP y~ Planner V DATE: April 20, 2004 PROJECT: Arbolata/ SPTE 04-001 REQUEST: Site Plan Extension PROJECT DESCRIPnON Property Owner: ERMLOE, LLC Applicant / Agent: Mr. William Wietsma with William Wietsma Company Southeast corner of South Congress Avenue and Southwest 35th Avenue (see Exhibit "A" - Location Map) Existing Land Use / Zoning: High Density Residential (HDR) / Planned Unit Development (PUD) Location: Proposed Land Use/Zoning: No change proposed Proposed Use: 172 fee-simple townhouse units Acreage: 16.087 acres (700,751 square feet) Adjacent Uses: North: Right-of-way of SW 35th Avenue then developed property (Guardian Self- storage and Sterling Records storage) designated Industrial (I) land use and zoned M-l Industrial; South: Right-of-way for the Lake Worth Drainage District L-28 (lateral) Canal, then developed properties, containing a variety of industrial uses, designated Industrial (I) land use and zoned M-l Industrial East: Developed County-owned recreation facility (Caloosa Park) designated Recreational (R) land use and zoned REC Recreation; and West: Right-of-way for South Congress Avenue, then developed residential property (Isles of Hunter's Run) designated Low Density Residential (LOR) land use at a density of 4.84 dulac, and zoned PUD Planned Unit Development. Page 2 Memorandum No. PZ 04-070 BACKGROUND According to public records, the property has been owned by ERMLOE, LLC since 2002. The subject property is a rectangular-shaped parcel totaling slightly over 16 acres. According to the subdivision master plan staff report, the parcel had been cleared but Is sparsely populated with Sabal palm trees ranging from four (4) to 20 caliper Inches wide. The survey showed that the highest elevation was 15 feet, located at the northwest comer of the property. The soils consisted of very loose to medium dense, light brown to dark brown quartz fine sand to a depth of 15 feet below the land surface. However, the site's terrain, Including the points of elevation, has been altered recently in anticipation of preparing the site for development since when the original site plan staff report was written. On February 4, 2003, the subdivision master plan was approved for the construct/on of 172 fee-simple townhouse units within 24 buildings on 16.08 acres. According to the previous staff report, the proposed density is 10.8 dwelling units per acre. Each of the 24 buildings would contain one (1) of the two (2) types of units. Each unit style would have three (3) bedrooms but vary slightly in terms of their overall living area and number of floors (end units would be one-story). One point of Ingress / egress was proposed along Southwest 35th Avenue. According to the approved site plan, it appeared that this access would accommodate two (2) lanes for ingress and two (2) lanes for egress. The subdivision master plan showed emergency vehicle ingress / egress would be provided at an opening along Congress Avenue. Mr. William Wietsma Is now requesting a one (I)-year time extension, for the subdivision master plan (SBMP 02-005) approved on February 4, 2003. It must be noted that on June 17, 2003, the City Commission approved Ordinance 03-028, which was the second reading of the concurrent land use amendment / rezoning application (LUAR 02-009), also submitted by Mr. Wietsma. This land use amendment / rezoning request successfully changed the underlying land use from Industrial (I) to High Density Residential (HDR) and the zoning from Ught Industrial (M-l) to Planned Unit Development (PUD). The gross density of the project was approved at 10.8 dwelling units per acre, which was in compliance with the maximum density allowed in the HDR land use category. Both the City Commission and the Florida Department of Community Affairs (DCA) approved the land use amendment and rezoning application. However, a subdivision master plan Is valid for only one (1) year after a development order has been issued. The developer is required to secure a building permit within that year. If this request for extension were approved, the expiration date of this site plan, including concurrency certification would be extended to February 4, 2005. ANALYSIS 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". Examples of building permits Include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time extensions, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on February 2, 2004, which Is two (2) days prior to the expiration date of the subdivision master site plan. According to the time extension application, the "delay in obtaining building permits has been due to the fact that we had to also had to obtain zoning change approval from the DCA (granted August, 2003), South Florida Water Management approval (November, 2003), and plat approval (pending) before we could proceed with building permit approval". Page 3 Memorandum No. PZ 04-070 While it may be true that the applicant experienced delays caused by outside government agencies, the responsibility rests upon the applicant to the least extent to submit drawings to the Building Division to secure a building or infrastructure type of permit. Submitting these types of permit plans demonstrates "good faith" to the City that the developer is attempting to complete the project. As of today, the applicant has secured two- (2) land development type of permits. A clearing and grubbing permit was issued on February 6, 2004 and an excavation and fill permit was issued on April 7, 2004. In defense of the developer, however, they submitted for plat approval In early December of 2003. Staff reviewed the plat and generated comments on January 29, 2004. Also, a more formal criterion for evaluating requests for time extensions is a project's compliance with (traffic) concurrency requirements. On October 31, 2002, the Palm Beach County Traffic Division approved the traffic study for 172 multi-family dwelling units with a build-out year of 2006. The Traffic Division's condition recommended that the City "review potential need for Installation of traffic control and safety devices at the Intersection of Congress Avenue and Southwest 35th Avenue, with emphasis on southbound and westbound movement, where the project Is expected to add 32 peak hour trips to each movement. The site plan time extension Is still subject to the 21 conditions approved In the original subdivision master plan. Also, it should be noted that the applicant was recently approved for a minor site plan modification (MMSP 03-083) for the reduction of units (from 172 to 158). This modification was made, in part, to replace all two (2)-car garages with one (1)-car garages. RECOMMENDATION Staff recommends approval of this request for a one (1)-year time extension of the subdivision master plan (SBMP 02-005). As previously mentioned, if this request for site plan time extension is approved, all conditions of approval from the original subdivision master plan must still be satisfactorily addressed during the building permit process. Any additional conditions of approval recommended by the Board or City Commission would be placed in Exhibit "c" - Conditions of Approval. S:\Planning\SHARED\WP\PROJEcrs\Arbolata Townhomes\SPTE 04-001 \Staff Reportdoc , Location Map ARBOLATA TOWNHOMES ,1,_1 ,.. !,l ! ) i ' ____/...~~:.: :::. '\.;" "I ~.,/. y~ ,; ./ --. 'I2:j! Ai :1: -F i, ~i \\~ \I 1\: \ ( ~::.. 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Oelray Beach, Florida 3:W83 BOYNTON BEACH, FLORIDA, 33426 Orflce (561) 274-4863 Fax (561) 274-7636 ---'-" -..-.-.------- ----- ..-..... -". -......-.-.....-- EXHIBIT "e" Conditions of Approval Project name: Arbolata File number: SPTE 04-001 Reference: Site Plan Time Extension 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 BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS II Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To be determined. S:\Planning\SHARED\WP\PROJECTS\Arbolata T ownhomes\SPTE 04-001 \COA.doc DEVELOP~" ~T ORDER OF THE CITY COMMr 'ION OF THE \"ITY OF BOYNTON BEACH, FLORIlfA PROJECT NAME: Arbolata (SPTE 04-001) APPLICANT'S AGENT: Mr. William Wietsma with William Wietsma Company APPLICANT'S ADDRESS: 25 Seabreeze Avenue, Suite 304 Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 4,2004 TYPE OF RELIEF SOUGHT: Request one (1) year site plan time extension for 172 fee-simple townhouse units approved on February 4, 2003 (an extension to February 4, 2005) LOCATION OF PROPERTY: Southeast corner of South Congress Avenue and Southwest 35th Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X 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 Planning and Development 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:\Planning\SHARED\WP\PROJECTS\Arbolata Townhomes\SPTE 04-001 \DO.doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet .ml!.B 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 UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will ~ 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' rl tl ~ Department Head's initials: Arbolata (SPTE 04-001) Please do not write in the shaded area below. LegatD~partment~ignature 0 , . :dity'M~nagVs~t9.,,~ture, ;1:] ;: " , .. , rrEM~ETURNED :FOR THE FOLLOWING REASbN(S}=' , , Si9natlJre( s} mlssJngO incoJrtPlete submittal [3 MJS$eddeadlineD (jtn~r , , 0 ",- Reason: n '" , , , , ",' . ' ' Person 'contacted to:,pitk up rejected "request by bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover Checklist April 6 - July 20, 2004.doc " ",,, - ~ ,- ,on" , . , ,;'(Q~t~) ,