REVIEW COMMENTS
7.D.l
HARBOR CAY (SPTE 08-007)
SITE PLAN TIME EXTENSION
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 08-053
Chair and Members
Planning and Devel~ Board
. ~.J,
Michael Rumpf J-'
Director of Planning and Zoning
Kathleen Zeitler leu
Planner II
August 11, 2008
Harbor Cay (SPTE 08-007)
Site Plan Time Extension
Property Owner:
Applicant I Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
PROJECT DESCRIPTION
Harbor Cay, LLC
Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC
East side of North Federal Highway, approximately 160 feet north of Gateway
Boulevard (see Location Map - Exhibit "A'')
Special High Density Residential (SHDR)
Infill Planned Unit Development (IPUD)
No change proposed
No change proposed
Townhouses
1.429 acre
To the north is developed multi-family residential property (Inlet Harbor Club),
classified Recreational (R) and High Density Residential (HDR) land use and zoned
Recreation (REC) and Multi-family Residential (R-3);
To the south is developed commercial property (Gateway Shell), classified Local Retail
Commercial (LRC) land use and zoned Community Commercial (C-3); to the southeast
is developed single-family residential, classified Low Density Residential (LDR) and
zoned Single-family Residential (R-1-AA);
To the east is developed single-family residential, classified Low Density Residential
Page 2
Harbor Cay
SPTE 08-007
(LDR) and zoned Single-family Residential (R-1-AA); and
West:
Right-of-way for Federal Highway, then farther west is right-of-way for the Florida
East Coast (FEe) railroad.
BACKGROUND
Mr. Sid E. von Rospeunt, managing member of Harbor Cay, LLC is requesting a second one (l)-year site plan
time extension for the Harbor Cay New Site Plan Development Order (NWSP 06-011), which was approved by
the City Commission on May 2, 2006. At the time of site plan approval the regulations allowed a total of one
(1) year to secure a building permit following site plan approval; however, the regulations have since been
revised to allow an initial 18-month period to secure a building permit. A previous site plan time extension
(SPTE 07-006) for this project was approved on September 18, 2007, which extended site plan approval for
one (1) year, from May 2, 2007 to May 2, 2008. If this request for an additional extension were approved,
the expiration date, including concurrency approval, would be extended to May 2, 2009.
The subject property consists of 1.429 acres, zoned Infill Planned Unit Development (IPUD), located within
Planning Area I of the Federal Highway Corridor Community Redevelopment Plan. According to the staff
report for the approved site plan (NWSP 06-011), the proposed Harbor Cay is a redevelopment project
approved for a total of 23 fee-simple town homes, recreational amenities, and related site improvements.
The 23 dwelling units (at a density of 16.09 dwelling units per acre) are proposed as two (2)-bedroom units,
each with a bonus room that could be used as a third bedroom. The 23 units are planned within six (6)
separate buildings on the 1.429-acre site. Each three (3)-story building would contain four (4) dwelling units,
with the exception of one building that proposes three (3) units. The approved site plan (see Exhibit "B'')
proposes three (3) model types, ranging from 2,534 square feet to 2,599 square feet of total air-conditioned
area. According to the staff report, the proposed townhouse buildings would have hints of Spanish-
Mediterranean accents with a contemporary/modern design. Building accents would include cupolas, Spanish
S-tile roofs, decorative banding, stone veneer, awnings, and decorative garage doors.
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. City
regulations authorize the Commission to approve site plan time extensions up to one (1) year, 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 April 28, 2008, four (4) days prior to the expiration date of the site plan.
The applicant states in the justification submitted for the second time extension (see Exhibit "C''), that "due to
the severe real estate slump, and a recovery not to be projected within the next 12 months, it is impossible
for Harbor Cay to either obtain new construction financing or procure the required pre-sales of units". The
applicant also notes that the previous commitment for construction financing was lost, and future funding has
not yet been finalized. According to the previous justification submitted for the first requested time
extension, the applicant details the "good faith" efforts in moving forward with the project, explaining that
the project has been delayed due to the following: (1) required reconfiguration of underground utilities and
subsequent civil engineering plan revisions which required re-submittal for further review and approval; (2)
delay in platting due to required civil plan revisions; and (3) construction plan revisions necessary to address
conditions of site plan approval.
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Harbor Cay
SPTE 08-007
A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency
requirements. On March 29, 2006 the Palm Beach County Traffic Division approved the traffic study for this
project and included a restriction that no building permits are to be issued for the project after the build-out
year of 2009.
The site plan time extension is still subject to the original 85 conditions of the new site plan approval. No
new land development regulations are now in place against which the project should be reviewed and
modified. As for application of the Art in Public Places ordinance (05-060), this project is not exempt, as the
new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5, 2005.
Therefore, the project must comply with Ordinance 05-060 as stated in the original conditions of site plan
approval.
Lastly, a capacity reservation fee of approximately $10,000 was paid by the applicant at the time of the first
site plan time extension request. Utilities records indicate the annual utility reservation fee is once again due.
Without payment of the reservation fee, the Utilities Department cannot guarantee capacity will be available
when the developer is ready to move forward (see Exhibit "0" - Conditions of Approval).
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for a second one (l)-year time extension of the Harbor Cay site plan
(NWSP 06-011). If this request for extension were approved, the expiration of this site plan would be
extended to May 2, 2009. Staff is generally in favor of the redevelopment efforts represented by the approved
site plan, which serves to promote the goals of the Community Redevelopment Agency and the Federal
Highway Corridor Redevelopment Plan. The proposed Harbor Cay project will provide an opportunity for
redevelopment in a highly visible corridor in the City, increase the value of adjacent and nearby properties, and
contribute to the overall economic development of the City. If this request for site plan time extension is
approved, all outstanding conditions of approval from the new site plan approval must still be satisfactorily
addressed during the building permit process. Any additional conditions recommended by the Board or City
Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "0").
S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE 08-007\Staff Report.doc
Exhibit IIAII - Site Location Map
Harbor Cay - SPTE 08-007
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EXHIBIT "e"
~ to
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Apri124, 2008
Board ofCo)TImkc::.ioners
The City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
[j) rE: [; ~ U VI ~ lR'
u1, NJR 2 8 200g J!jl
CITY MANAGER'S OFFICE
Re: Development Older Extension
To All Whom This Conrems:
Please aca!pt em request for an extension of twenty four months for Boynton Bearh Resolution 0&-097,
a Development Order for Harbor Cay Town Homes; an IPOO lccated within a few hundred feet North of
Gateway Baulevard on Federal Highway going towaI"<k the Intraooastal Waterway.
Due to the severe real estate slump and a reooverynotto be projedBd within the next 12 month it is
impceible for Harbor Cay to eitberobtain new construdion finSIIIAllg orprocurethe required pre-sales
afunits. It is unlikely thai: a constru.ct:ion permit muId be secured beforetbe Dew!lopment Order expires
on May ~ of 2008. Furthermore, given the circumstances enlDDerated above~ have btom previous
commitment for oonstmction financing, and haw yet tofinalizetbe future fimding.
We tbereiUre request a no fee and or no cxB extension tD the development order giving the sincere real
estate depression currentlythrougbout South Florida. It is already a hardship just to maintain the
currentiirumring and natto "waIkawayfrom the project'" Given the~ the Projectmuld not afford to
pay any fees and stay "alive".
Thankyou,. in advance, furyoortime and oonsideration. We trust that the Boatd of Commissioners shall
look upon our peIilion with kindness and genera;ity.
WIth
E. \'On Rmpeum:
Managing Member
H/irbor Cay, ue z633lanttlniZ RoaJ Suitt -44. Lli1l1ana, FloriJa 33461.J, Ttl: 561-238-1000 Fax: 56 1-434-! 969
www.harbo'l'cay.rom f
EXHIBIT "D"
Conditions of Approval
Project name: Harbor Cay
File number: SPTE 08-007
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments:
1. The applicant shall pay the utility reservation fee in order to ensure capacity
will be available when project commencement is anticipated.
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
Conditions of Approval
Harbor Cay
SPTE 08-007
P 2
age
DEPARTMENTS INCLUDE REJECT
Comments:
2. The site plan time extension shall be subject to all previous Conditions of
Approval.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE 08-007\COA.doc