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REVIEW COMMENTS DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-139 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Kathleen Zeitler Planner DATE: September 27, 2005 PROJECT: Promenade / SPTE 05-003 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Boynton Beach Waterways Investment Associates, LLC Applicant / Agent: Boynton Beach Waterways Investment Associates, LLC Location: Northeast corner of North Federal Highway and Boynton Beach Boulevard (see Exhibit "A") Existing Land Use/ Zoning: Mixed Use Core (MXC) / Mixed Use-High (MU-H) Proposed Land Use/Zoning: No change proposed Proposed Uses: Retail Restaurant Hotel Residential 16,200 square feet 3,000 square feet 68 units 318 Condominium Units Acreage: 3.975 acres (173,151 square feet) Adjacent Uses: North: Right-of-way for Northeast 4th Avenue, then farther north is developed commercial property, with a Mixed Use (MX) land use classification, zoned Central Business District (CBD); South: Right-of-way for future Boynton Beach Boulevard, then farther south is a vacant lot with a Mixed Use Core (MXC) land use classification, zoned Central Business District (CBD); East: Mangrove Walk at the Marina; and West: Right-of-way for Federal Highway, then farther west is developed commercial (CVS Drug Store) with a Mixed Use (MX) land use classification, zoned Central Business District (CBD). Page 2 Memorandum No. PZ 05-139 BACKGROUND Mr. Paul D'Arelli, Attorney with Greenberg Traurig, P.A., and Agent for Boynton Beach Waterways Investment Associates, LLC, is requesting a one (l)-year time extension for The Promenade Site Plan Development Order (NWSP 04-009) which was approved by the City Commission on July 20, 2004. The site plan approval is valid for one (1) year from the date of approval, and will expire on July 20, 2005 if a building permit has not been issued or if a time extension is not obtained. If this request for extension were approved, the expiration date of this site plan, including concurrency certification would be extended to July 20, 2006. According to the original site plan staff report, the Promenade is a large-scale mixed use project proposed in the central business district of the City and will replace an existing shopping center as urban / infill redevelopment. Proposed development for this project consists of a parking garage, retail, restaurant, hotel units, and condominium units located in three (3) separate buildings ranging in height from two (2) to fourteen (14) stories. The project has been approved for the following: a land use amendment from Mixed Use (MX) to Mixed Use Core (MXC), a rezoning from Central Business District (CBD) to Mixed Use-High (MU-H), a Site Plan (NWSP 04-009), and a Height Exception (HTEX 04-002), and is to be constructed in one (1) phase. 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 June 29, 2005, which is 21 days before the expiration date of the site plan approval. According to the time extension application, Mr. D'Arelli indicates that Boynton Beach Waterways Investment Associates, LLC has "been working diligently on its very successful marketing campaign and the project is essentially fully reserved. However, while building plans are complete, negotiations with the proposed general contractors have been ongoing and are not yet at the point where they can apply for a building permit". While it may be true that the applicant experienced delays caused by private matters in construction planning, the onus is still on the applicant to submit drawings to the Building Division in order 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. In defense of the developer, however, a project of this magnitude would require more time for due diligence with regard to project financing and construction planning. Also, a more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. On May 17, 2004, the Palm Beach County Traffic Division approved the traffic study for the Promenade project. Based on their review, the proposed mixed use redevelopment project is located within the Coastal Residential Exception Areas of Palm Beach County which exempts the residential portion of the project, and the non-residential portion generates less peak hour trips that the existing 47,000 square foot retail shopping center to be demolished. The site plan time extension is still subject to the 73 conditions approved in the original new site plan. Page 3 Memorandum No. PZ 05-139 RECOMMENDATION Staff recommends approval of this request for a (l)-year time extension of the site plan (NWSP 04-009). If this request for extension were approved, the expiration date of this site plan, including concurrency certification would be extended to July 20, 2006. As previously mentioned, staff is generally in favor of the redevelopment efforts proposed in the approved site plan. The City has made every effort to change and create zoning districts (CBD, MU-L, MU-H) that will accommodate a mix of uses, innovative and attractive building designs, and viable residential densities (as determined by the market) to act as a catalyst for downtown redevelopment. If this request for site plan time extension is approved, all conditions of approval from the original site plan must still be satisfactorily addressed during the building permit process. 5: \Planning\SHARED\ WP\PROJ ECTS\PROMENADE\SPTE 05-003\Staff Report.doc EXHIBIT "e" Conditions of Approval Project name: Promenade File number: SPTE 05-003 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/ENVIRONMENTALIST 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\WPIPROJECTSlPromenade\SPTE 05-003\Condition of Approval 2 page -CRA 2004 form.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-139 THRU: Chair and Members Community Redevelopment Agency Board Michael Rum~L(&6 Director of Planning and Zoning TO: FROM: Kathleen Zeitler Planner DATE: September 6, 2005 PROJECT: Promenade / SPTE 05-003 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Boynton Beach Waterways Investment Associates, LLC Applicant / Agent: Boynton Beach Waterways Investment Associates, LLC Location: Northeast corner of North Federal Highway and Boynton Beach Boulevard (see Exhibit "A") Existing Land Use/ Zoning: Mixed Use Core (MXC) / Mixed Use-High (MU-H) Proposed Land Use/Zoning: No change proposed Proposed Uses: Retail Restaurant Hotel Residential 16,200 square feet 3,000 square feet 77 units 318 Condominium Units Acreage: 3.975 acres (173,151 square feet) Adjacent Uses: North: Right-of-way for Northeast 4th Avenue, then farther north is developed commercial property, with a Mixed Use (MX) land use classification, zoned Central Business District (CBD); South: Right-of-way for future Boynton Beach Boulevard, then farther south is a vacant lot with a Mixed Use Core (MXC) land use classification, zoned Central Business District (CBD); East: Mangrove Walk at the Marina; and West: Right-of-way for Federal Highway, then farther west is developed commercial (CVS Drug Store) with a Mixed Use (MX) land use classification, zoned Central Business District (CBD). Page 2 Memorandum No. PZ 05-139 BACKGROUND Mr. Paul D'Arelli, Attorney with Greenberg Traurig, P.A., and Agent for Boynton Beach Waterways Investment Associates, LLC, is requesting a one (l)-year time extension for The Promenade Site Plan Development Order (NWSP 04-009) which was approved by the City Commission on July 20, 2004. The site plan approval is valid for one (1) year from the date of approval, unless a building permit has been issued or a time extension applied for. If this request for extension were approved, the expiration date of this site plan, including concurrency certification would be extended to July 20, 2006. According to the original site plan staff report, the Promenade is a large-scale mixed use project proposed in the central business district of the City and will replace an existing shopping center as urban / infill redevelopment. Proposed development for this project consists of a parking garage, retail, restaurant, hotel units, and condominium units located in three (3) separate buildings ranging in height from two (2) to fourteen (14) stories. The project has been approved for the following: a land use amendment from Mixed Use (MX) to Mixed Use Core (MXC), a rezoning from Central Business District (CBD) to Mixed Use-High (MU-H), a Site Plan (NWSP 04-009), and a Height Exception (HTEX 04-002), and is to be constructed in one (1) phase. 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 June 29, 2005, which is 21 days before the expiration date of the site plan approval. According to the time extension application, Mr. D'Arelli indicates that Boynton Beach Waterways Investment Associates, LLC has "been working diligently on its very successful marketing campaign and the project is essentially fully reserved. However, while building plans are complete, negotiations with the proposed general contractors have been ongoing and are not yet at the point where they can apply for a building permit". While it may be true that the applicant experienced delays caused by private matters in construction planning, the onus is still on the applicant to submit drawings to the Building Division in order 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. In defense of the developer, however, a project of this magnitude would require more time for due diligence with regard to project financing and construction planning. Also, a more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. On May 17, 2004, the Palm Beach County Traffic Division approved the traffic study for the Promenade project. Based on their review, the proposed mixed use redevelopment project is located within the Coastal Residential Exception Areas of Palm Beach County which exempts the residential portion of the project, and the non-residential portion generates less peak hour trips than the existing 47,000 square foot retail shopping center to be demolished. Traffic concurrency was approved with a build out date of 2006 and no building permits are to be issued by the City for this project after the 2006 build-out date. If the applicant has not obtained building permits for this project by 2006, a revised traffic study will be required for approval by the County. As for utilities, records indicate the utility reservation has not yet been paid, therefore the related condition of approval still stands. The site plan time extension is still subject to the 72 conditions of Page 3 Memorandum No. PZ 05-139 site plan approval. Lastly, no new land development regulations are now in place against which the project should be reviewed and modified. RECOMMENDATION Staff recommends approval of this request for a (l)-year time extension of the site plan (NWSP 04-009). If this request for extension were approved, the expiration date of this site plan, including concurrency certification would be extended to July 20, 2006. As previously mentioned, staff is generally in favor of the redevelopment efforts proposed in the approved site plan. The City has made every effort to change and create zoning districts (CBD, MU-L, MU-H) that will accommodate a mix of uses, innovative and attractive building designs, and viable residential densities (as determined by the market) to act as a catalyst for downtown redevelopment. If this request for site plan time extension is approved, all conditions of approval from the original site plan must still be satisfactorily addressed during the building permit process. 5: \Planning\SHARED\ WP\PROJECfS\PROM ENADE\SPTE OS-003\Staff Report.doc , PROL .ENADE LOCATION".,.AP C-4 CBD o CB CBD BOYNTON BEACH BLVD ; I CBD I I .:Khi biT "A" CBD NE 4TH AVE CBD CBD MX-H z 0') -I :r: n -I o 50 100 - - N W+, s 200 300 400 Feet I UIIII'j I m I uIIIP~ II ~~ 1111:; n~~ I ~ I II, .....~ ~I~. ~ n II UHI~ WP t>3 I i!i i! i aul ~Ia~: n " I~ ,~, n~:~' ~ I .~~.- I ~ ~~ a eii.. la g ~ o-'l I hi .= ..;;;i~ !~~;5 ~~ _ ~~ ~q iSil:>- I I'i ~~ uml. ~ ~:! ~~i; H i! H~ ;d~! ~1."lli J. e., I~~ee ee; ~~.!~ II II 1"" ;, :..:.. ;as. ~ sD I ~ ; H hI; E ,~ r: ~ .. ~ ~ I a ~ , ; ; ; I ; I n . . p . . ! ! : I , I III r :I II !! , . . . I ~i . ~ . ~ . 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Florida 33016 305.826.3m EXHIBIT "e" Conditions of Approval Project name: Promenade File number: SPTE 05-003 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/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: Time extension is subject to the original Conditions of Approval. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT] Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Promenade\SPTE 05-003\Condition of Approval 2 page -CRA 2004 form.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc