LEGAL APPROVAL
DEPARTMENT OF DEVELOPMENT
Planning and Zoning Division
Memorandum
PZ 08-033
DATE:
RE:
Sid E. Von Rospeunt, Harbor Cay LLC
Ed Breese
Princi al Planner
April 7, 2008
Harbor Cay Townhomes
TO:
FROM:
Please be advised that site plan approval for the above referenced project will expire on Mav 2. 2008.
The City Commission granted site plan time extension approval on September 18. 2007. To date, no
building permit has been issued for this project. A building permit must be secured within one year of
site plan approval in order to maintain the vested status.
The Land Development Regulations Chapter 4, Section 5. provides for a one-year extension for site
plan approval if the application is submitted before the expiration date. Please call the Planning and
Zoning Division at (561) 742-6260 for more information regarding the site plan time extension
procedure.
S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\spte warning\Site Plan Exp. Warning.dot
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
September 27,2007
Mr. Sid E. von Rospeunt
Harbor Cay LLC
605 Lakeside Harbor Drive
Boynton Beach, Florida 33435
RE:
File No.:
Location:
Harbor Cay
SPTE 07-006
East side ofN. Federal Hwy., approx. 160 ft. north of Gateway Blvd.
Dear Mr. von Rospeunt:
Enclosed is the Development Order granted by the City Commission on September 18, 2007 for a one-year site plan time
extension. This approval extends the site plan approval granted on May 2,2006, from May 2,2007 to May 2,2008.
In order to maintain vested status, a building permit must be secured or an extension granted within this extension period.
To continue this project through the development process, please revise relevant pages of your approved site plan to
incorporate all conditions of approval as applicable. A copy of this new Development Order, including these conditions, must
accompany the submission of the fully amended site plan set, as well as the original Development Order and associated
conditions. The person managing your permit applications should be made aware of any additional documents and third party
letters listed in the conditions of approval that need to be submitted with your permit package.
The Building Division is committed to speedy and efficient completion of the building permit process for your project.
However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce
unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary
documentation is not attached and/or the plans are not amended to reflect all of the approval conditions, the plans will be
returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any TART
member for additional clarification of comments.
ImTJortant: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval,
please contact our staff for a review before submitting a permit package to the Building Division.
A copy of the complete Development Order and Amended Site Plans reflecting the "Conditions of Approval" must be
submitted to the Building Department along with the first permit request to avoid any delays in the processing of your
permit.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260.
S)lfe~elif
~~~Pf
Director of Planning & Zoning
Ene. DO w/COA
S :\Planning\SHAREDI WP\PROJECTS\Harbor Cay\SPTE 07 -006\Approval Letter.doc
DEVELOP~ 'JT ORDER OF THE CITY COMMt,,810N OF THE
\,;ITY OF BOYNTON BEACH, FLORIDA
Development
P&Z
Building
Engineering
Occ. LIcense
Deputy City Clerk
PROJECT NAME:
Harbor Cay
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APPLICANT'S AGENT:
Mr. Sid E. von Rospeunt, Harbor Gay, LLC
--------
APPLICANT'S ADDRESS:
605 Lakeside Harbor Drive, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 21,2007 postponed
until September 18, 2007
TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension from May 2, 2007 until
May 2, 2008, for 23 proposed townhouses on a 1.429-acre parcel in
the IPUD zoning district.
LOCATION OF PROPERTY: East side of North Federal Highway, approximately 160 feet north of
Gateway Boulevard.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X 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:
DATED:
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 A~i:ant
A 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 AP~ant'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
Cf-()--!-07
S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE 07 -006\DO.doc
EXHIBIT "D"
Conditions of Approval
Project name: Harbor Cay
File number: SPTE 07-006
Reference:
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 DMSION
Comments: None X
BUILDING DMSION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERJENVT.RO~ENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
,
Conditions of Approval
Harbor Cay
SPTE 07-006
Pao-e 2
.~.
DEP ARTMENTS INCLUDE REJECT
1. The site plan time extension shall be subject to all previous Conditions of X
Approval.
2. The Applicant shall pay the Capacity Reservation Fee amount due to the City X
prior to fmal action by the City Commission on this Site Plan Extension
request.
ADDITIONAL COMMUNITY REDEVELOPMENT
AGENCY BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~
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PLANNING ANO
ZONING DEPT
March 9,2007
Board of Commissioners
The City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
Re: Development Order Extension
Gentlemen:
Please accept our request for an extension of twelve months for Boynton Beach Resolution 06-097, a
Development Order for Harbor Cay Town Homes; an IPUD located within a few hundred feet North of
Gateway Boulevard on Federal Highway going towards the Intracoastal Waterway.
Due to various delays in obrn;n;ng approval for the underground utilities, only recently resubmitted
after substantial prior oono"'1lltation along ""Till the expectation of further comments requiring additional
reconfiguration and another round of resubmission, and the sequential nature of the process whereby
the plat cannot be delineated until the civil engineering is approved, and in light of the extensive
Conditions of Approval that must be addressed; it is not likely that a construction perm..1t will be secured
before the Development Order expires on May 2nd of 2007.
Thank you, in advanre, for your time and consideration. We trust that the Board of Commi~sioners
shall look upon our petition with kindness and generousity.
Sid E. yon
CbiefExecufive Officer
AmerCan Development Corp.
The Managing Member for Harbor Cay, ILC
Harber Cay, LLC 605 Lakeside Harbor Drive, Boynton Beach, Florida 33435, Tel: 561-734-3000 Fax: 561-724-3005
'lA'WW.barborcay.com