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REVIEW COMMENTS UNFINISHED BUSINESS 6.A.l CORTINA AT BOYNTON VILLAGE (SPTE 06-012) SITE PLAN TIME EXTENSION TO: FROM: THROUGH: DATE: PROJECT NAME / NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-205 STAFF REPORT Chair and Members Planning and Development Board and Mayor and City Commission Gabriel Wuebben h.."J. Planner " . v1 / Michael W. RumpW ' Director of Planning and Zoning November 14, 2006 Cortina at Boynton Village / SPTE 06-012 Site plan time extension for 458 fee-simple townhouse units on a 30.29- acre parcel in the SMU Suburban Mixed-Use zoning district. Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: PROJECT DESCRIPTION The Klatt Family Partnership & Klatt Enterprises, Inc. Hovstone Properties Florida, LLC Mr. Steve Liller with Hovstone Properties Florida, LLC Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal (see Location Map - Exhibit "A") Mixed Use Suburban (MX-S) Suburban Mixed Use (SMU) 458 townhouse units 30.29-acre portion of the 106.5-acre parcel Right-of-way for the SFWMD C-16 Canal, then farther north is developed property with town homes from Phase I of the Renaissance Commons Master Plan with a Suburban Mixed Use (MX-S) land use classification, zoned Suburban Mixed Use (SMU); Right-of-way for Old Boynton Road, then farther south is developed Staff Report - Cortina at Boynton Village (SPTE 06-012) Memorandum No PZ 06-205 Page 2 commercial property (Oakwood Shopping Center), with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3); East: Right-of-way of the LWDD E-4 Canal, then farther east is developed single family residential (Sky Lake) with an Low Density Residential (LDR) land use classification, zoned Single Family Residential (R-1-AA); and West: Immediately west is right-of-way for the proposed main north/south road within the Boynton Village and Town Center Master Plan. Northwest is undeveloped property proposed for condominium use within the Boynton Village and Town Center Master Plan with a Suburban Mixed Use (MX-S) land use classification, zoned Suburban Mixed Use (SMU). Southwest is undeveloped property proposed for commercial use within the Boynton Village and Town Center Master Plan with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3), then farther west is right-of-way for Congress Avenue, still farther west is developed commercial property (Boynton Beach Mall). BACKGROUND Mr. Steve Liller with Hovstone Properties Florida, LLC, is requesting a one (1) year site plan time extension for an approved new site plan approval (NWSP 05-001) to construct a large townhouse development within the 81.84-acre mixed-use project. The project will consist of 458 fee-simple townhouse units. All units will have three (3) bedrooms with some units designated as live/work units. If this request for extension were approved, the expiration date would be extended to September 20, 2007. 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 extension request September 18, 2006 - two (2) days prior to the expiration of the site plan. The developer has indicated that recent changes in the local real estate market have compelled K. Hovnanian Homes to review and reconsider the product they intend to construct. The renewed effort will concentrate on creating more variety in product affordability, as mixed live/work units will combine with both two (2) and three (3) story townhomes to welcome a broader range of potential end users. The developer states that site plan amendments and revising the recorded plat is estimated to delay the project up to six (6) months. In the meantime, all land development permits for infrastructure and construction have been obtained with the exception of the Boynton Beach land development permit, which has been submitted to the City and is awaiting the Parks and Recreation impact fee. The Cortina plat has also been approved and recorded. A more formal criterion for evaluating requests for time extensions is compliance with concurrency Staff Report - Cortina at Boynton Village (SPTE 06-012) Memorandum No PZ 06-205 Page 3 requirements. A letter from Palm Beach County Traffic Engineering was received indicating that the entire Master Plan meets the traffic performance standards, with a series of conditions which limit or time aspects of the development with certain roadway improvements. The site plan time extension would still be subject to the original conditions of site plan approvals. Lastly, 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, site plan approval occurred prior to the adoption of Ordinance 05-060 RECOMMENDATION Staff has reviewed this request for site plan time extension, and recommends approval, contingent upon successfully satisfying all comments indicated in Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJEcrS\Boynton Village-Boynton Town Center 1 \Boynton Village Cortina NWSP 05-001 \SPTE 06-012\Cortina SPTE 06- 012 Staff Report.doc l,J(hibit "A" - Cortir..~ Location Map SMU - Suburban Mixed Use i PIO Planned Indus. Oev. Ci SAVANNAH LAKES r I \ L ,- 5 l__--- i -E-J [--- 8 <---- I--~~ 1 I 'I 1m 1'- I~ 1(1) L ~,----- 0_______._.__ ---0 >. ...... ("') l) . T-- I L, L..__ W;7ffY~"'" (f) (f) w u:: t9 z o :u ~___rJ ~IL_ m ' ~ :j:j ~ C~. ;:(1) - 1-0' '.- '-(j) -- '-(1)-"",- ,~ :""', 'LL..= , 1-"- .>. \E m --' LJ..: H . ' (1) ,"-" i 0> - ; (c ' (f) ".."__..__.'_.._.__ .. .. ~J1LJ ,'-"";"~ t----' ,-0::- Boynton TOy..'n Center Community Commercial IJ.J ISLE ,~ ; !!; -,' '-- -~"CORAL-n_L_---- GONDOLA ! N 1,760 + I Feet W E 220 o 440 880 1,320 s ~T';';"- - - . . - -.- '. -:,_ TM .1.'J'~ .1Ql'Tlani~li") f~ I-Iorncs .J ...---,.-.....-'.... -.;,.~/ EXHIBIT "B" .... " September 15, 2006 City of Boynton Beach Planning and Zoning Division Attn: Mike Rumpf 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 -~ ---------.. ...-----------) fw-o ~ l~; [~ IlJU'--l \\\~ \ \ 1": SEP I 8 2006 I l~~; PLANNING AND ZONING D~!:.!-___ Please accept this letter as a written request for a time extension to our approved site plan and Development Order for Cortina. Our site plan expiration date is September 20, 2006 by which time a building permit must be issued. K Hovnanian Homes (fka Town and Country Homes) will not have issued a building permit by this date. Dear Mike: Based on the recent decline in the housing market, K Hovnanian Homes feels it is necessary to review and rethink the product type approved at Cortina. In order to meet the needs of the current market, we have worked together with the City to maintain our site plan layout and unit count of 458. We are, however, creating a product mix to include live/work units, front load and rear load 3 story townhomes, and front load and rear load 2 story townhomes. We feel the product mix will create variety in price and options to welcome a variety of end users. The process of amending the site plan and revising the recorded plat is estimated to take up to (6) six months therefore we are requesting a (1) one year time extension to allow for the necessary time to revise and approve our site plan and plat. Please note to date, all land development permits for infrastructure and construction have been obtained with the exception of the Boynton Beach land development permit. This permit has been submitted to the City and awaits the Parks and Recreation impact fee for approval. In addition, the Cortina plat has been approved and recorded. We have worked diligently to date to meet the required dates; however, the unexpected change in the market has halted our progression. We would like to offer in advance, our appreciation for your time and approval of the requested time extension to Cortina. We look forward to continued success working with the City as we move forward. ~ Stephen B. Liller Vice President of Land Development and Acquisition 1275 GATEWAY BOULEVARD, SUITE 101, BOYNTON BEACH, FL 33426 TEL: (561) 364-3300 khov.com EXHIBIT "e" Conditions of Approval Project name: Cortina at Boynton Village File number: SPTE 06-012 Reference: I DEPARTMENTS I INCLUDE I REJECT I 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 FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. The time extension is subject to the original Conditions of Approval. X Cortina at Boynton Village / SPTE 06-012 Conditions of Approval P 2 age DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: To be determined ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center l\Boynton Village Cortina NWSP OS-OOI\SPTE 06-0l2\COA.doc 7.D.l CORTINA (SPTE 06-012) SITE PLAN TIME EXTENSION TO: FROM: THROUGH: DATE: PROJECT NAME / NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-205 STAFF REPORT Chair and Members Planning and Development Board and Mayor and City Commission Gabriel Wuebben t.... ,,) . Planner '" . () / Michael W. Rump~' Director of Planning and Zoning November 14, 2006 Cortina at Boynton Village / SPTE 06-012 Site plan time extension for 458 fee-simple townhouse units on a 30.29- acre parcel in the SMU Suburban Mixed-Use zoning district. Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: PROJECT DESCRIPTION The Klatt Family Partnership & Klatt Enterprises, Inc. Hovstone Properties Florida, LLC Mr. Steve Liller with Hovstone Properties Florida, LLC Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal (see Location Map - Exhibit "A") Mixed Use Suburban (MX-S) Suburban Mixed Use (SMU) 458 townhouse units 30.29-acre portion of the 106.5-acre parcel Right-of-way for the SFWMD C-16 Canal, then farther north is developed property with town homes from Phase I of the Renaissance Commons Master Plan with a Suburban Mixed Use (MX-S) land use classification, zoned Suburban Mixed Use (SMU); Right-of-way for Old Boynton Road, then farther south is developed Staff Report - Cortina at Boynton Village (SPTE 06-012) Memorandum No PZ 06-205 Page 2 commercial property (Oakwood Shopping Center), with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3); East: Right-of-way of the LWDD E-4 Canal, then farther east is developed single family residential (Sky Lake) with an Low Density Residential (LDR) land use classification, zoned Single Family Residential (R-1-AA); and West: Immediately west is right-of-way for the proposed main north/south road within the Boynton Village and Town Center Master Plan. Northwest is undeveloped property proposed for condominium use within the Boynton Village and Town Center Master Plan with a Suburban Mixed Use (MX-S) land use classification, zoned Suburban Mixed Use (SMU). Southwest is undeveloped property proposed for commercial use within the Boynton Village and Town Center Master Plan with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3), then farther west is right-of-way for Congress Avenue, still farther west is developed commercial property (Boynton Beach Mall). BACKGROUND Mr. Steve Liller with Hovstone Properties Florida, LLC, is requesting a one (1) year site plan time extension for an approved new site plan approval (NWSP 05-001) to construct a large townhouse development within the 81.84-acre mixed-use project. The project will consist of 458 fee-simple townhouse units. All units will have three (3) bedrooms with some units designated as live/work units. If this request for extension were approved, the expiration date would be extended to September 20, 2007. 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 extension request September 18, 2006 - two (2) days prior to the expiration of the site plan. The developer has indicated that recent changes in the local real estate market have compelled K. Hovnanian Homes to review and reconsider the product they intend to construct. The renewed effort will concentrate on creating more variety in product affordability, as mixed live/work units will combine with both two (2) and three (3) story town homes to welcome a broader range of potential end users. The developer states that site plan amendments and revising the recorded plat is estimated to delay the project up to six (6) months. In the meantime, all land development permits for infrastructure and construction have been obtained with the exception of the Boynton Beach land development permit, which has been submitted to the City and is awaiting the Parks and Recreation impact fee. The Cortina plat has also been approved and recorded. A more formal criterion for evaluating requests for time extensions is compliance with concurrency Staff Report - Cortina at Boynton Village (SPTE 06-012) Memorandum No PZ 06-205 Page 3 requirements. A letter from Palm Beach County Traffic Engineering was received indicating that the entire Master Plan meets the traffic performance standards, with a series of conditions which limit or time aspects of the development with certain roadway improvements. The site plan time extension would still be subject to the original conditions of site plan approvals. Lastly, 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, site plan approval occurred prior to the adoption of Ordinance 05-060 RECOMMENDATION Staff has reviewed this request for site plan time extension, and recommends approval, contingent upon successfully satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1 \Boynton Village Cortina NWSP 05-001 \SPTE 06-012\Cortina SPTE 06- 012 Staff Report.doc r' SAVANNAH LAKES' rn u r- (J) E E 0 (j) 0 (j) W 0:: >. (9 i Z l." +-' 0 C'. 0 :J E E 0 0 ('f) 0 220 L.J(hibit "A" - Corti... A Location Map SMU - Suburban Mixed Use PIO Planned Indus. Oev. -'-. ....,'-'-- w##/~ , ,,/" ~ '"I" " ' \,' ,\ \",,<' \ \, i Boynton Town Center Community Commercial i I I, ,~ "j i OLD BOYNTON , , . ~ ,W ....J 0'" <( o I VELAIRE UJ ISLE ,0 ,~ ~ L > GONDOLA ' o 440 880 1,320 13TH ,,'-', \, .' , " '\ . """-," " " '" ,/ ' -'-~9TH ~Lj rn :+::i IC ~(J) ''"0 - en -- ~.. (J). ~ 0::: ,>. E' 'LfH ' , (J) . , C> ,C C/) ','~, " T""" 0:: , CORAL N 1,760 + I Feet W' E 5 ~. /7;;.;-----------'.-'.. ",- .. ..~,.,'-,~':"1'M ,', 1{~~ TOYllaniaJi') " ,1--.l~ 110rnes ,j :---..~-- .;~~, ... ->~-Lbill!;'L"': h....""*-"';./ EXHIBIT "B" September 15, 2006 City of Boynton Beach Planning and Zoning Division Attn: Mike Rumpf 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 - --~ ---_._,-~-- -----------;=--\, 1m 10 lli (~~ m \LJU.'l \ \1 : I 1'1' SEP I 8 2006 I L~,; Dear Mike: PLANNING AND ZONING D~Pl Please accept this letter as a written request for a time extension to our approved site plan and Development Order for Cortina. Our site plan expiration date is September 20, 2006 by which time a building permit must be issued. K Hovnanian Homes (fka Town and Country Homes) will not have issued a building permit by this date. Based on the recent decline in the housing market, K Hovnanian Homes feels it is necessary to review and rethink the product type approved at Cortina. In order to meet the needs of the current market, we have worked together with the City to maintain our site plan layout and unit count of 458. We are, however, creating a product mix to include live/work units, front load and rear load 3 story townhomes, and front load and rear load 2 story townhomes. We feel the product mix will create variety in price and options to welcome a variety of end users. The process of amending the site plan and revising the recorded plat is estimated to take up to (6) six months therefore we are requesting a (1) one year time extension to allow for the necessary time to revise and approve our site plan and plat. Please note to date, all land development permits for infrastructure and construction have been obtained with the exception of the Boynton Beach land development permit. This permit has been submitted to the City and awaits the Parks and Recreation impact fee for approval. In addition, the Cortina plat has been approved and recorded. We have worked diligently to date to meet the required dates; however, the unexpected change in the market has halted our progression. We would like to offer in advance, our appreciation for your time and approval of the requested time extension to Cortina. We look forward to continued success working with the City as we move forward. Stephen B. Liller Vice President of Land Development and Acquisition 1275 GATEWAY BOULEVARD, SUITE 101, BOYNTON BEACH, FL 33426 TEL: (561) 364-3300 khov.com EXHIBIT "e" Conditions of Approval Project name: Cortina at Boynton Village File number: SPTE 06-012 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 DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. The time extension is subject to the original Conditions of Approval. X Cortina at Boynton Village / SPTE 06-012 Conditions of Approval P 2 age I DEP ARTMENTS I INCLUDE I REJECT I ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: To be determined ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center l\Boynton Village Cortina NWSP OS-OOI\SPTE 06-0l2\COA,doc