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
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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