LEGAL APPROVAL
The City of Boyntonlleach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
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 25,2008
Mr. Bradley Miller
Miller Land Planning Consultants, Inc.
420 W. Boynton Beach Blvd. Ste. 201
Boynton Beach, Florida 33435
RE:
File No.:
Location:
Aspen Glen
SPTE 08-005
Lawrence Road and 71 sl Lane South
Dear Mr. Miller:
Enclosed is the Development Order granted by the City Commission on September 18, 2008. This approval extends, for an
additional one-year period, the site plan approval (NWSP 06-025) granted on November 21,2006 from May 21,2008 to
May 21, 2009. In order to maintain vested status, a building permit must be secured or an extension granted within this one-
year 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 ofthe 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 T ART
member for additional clarification of comments.
Important: 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) 742-6269.
S71'
j,{~el~mpf
Director of Planning & Zoning
S :\Planning\SHAREDI WP\PROJECTS\Aspen Glen\SPTE 08-005\Approval Letter.rtf
DEVELOPME~~..,,:>RDER OF THE CITY COMMI55~.,. ) OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Aspen Glen
Developmont
~:M,
Building
Engineering
Oce. L1cen.G
Deputy City Clark
APPLICANT'S AGENT: Bradley Miller - Miller Land Planning Consultants, Inc.
APPLICANT'S ADDRESS: 420 W. Boynton Beach Blvd. Suite 201 Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 18, 2008
TYPE OF RELIEF SOUGHT: Request Site Plan Time Extension for 45 single-family zero lot line
homes on a 9.34 acre parcel.
LOCATION OF PROPERTY: Lawrence Road and 7151 Lane South
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:
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 Applicant
L... 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 Applicant'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
DATED:
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~'1'L0C' !-.kaL.T',
,) City Clerk
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S:IPlanning\SHARED\WPIPROJECTS\Aspen Glen\SPTE 08-005\DO.doc
...
I
EXHIBIT "D"
Conditions of Approval
Project name: Aspen Glen
File number: SPTE 08-005
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
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
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MILLER
LAND
PLANNING
CONSULTANTS, INC.
EXHIBIT C
420 W. Boynton Beach Blvd., Ste. 201
Boynton Beach, FL 33435
Phone I( 561/736-8838
Fax E 561/736-8079
Email. www,m10c.nel
May 16,2008
Mike Rumpf
City of Boynton Beach
PLANNING & ZONING DEPARTMENT
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
RE: Aspen Glen - Site Plan Time Extension
Dear Mike,
This letter is to request a one year time extension for the site plan approval on the Aspen Glen project.
The City Commission granted site plan approval on November 21, 2006 and our client has been
diligently working toward securing a building permit but has not yet done so to date. This project has
been held up because of the lack of sales due to market conditions.
The list below shows that our client has pursued the necessary permits to begin construction. There are
some final issues to resolve which will allow the permits to be issued. The extension will allow us to
complete that process.
· Right-of-way and Utmty Permits for Palm Beach County were initially submitted in June, 2006 and
was conceptually approved in December 2006. The last resubmittal was April 2008 and all
comments were addressed so issuance of the permits should be done soon.
· The NPDES compliance permit was approved by the Florida Department of Environmental
Protection on August 2006.
· The water use permit was approved by SFWMD in April 2007.
· Boynton Beach Ufmty Permit was issued in January 2008
· The LWDO permit was renewed in Iv'larch 2008.
· Boynton Beach Engineering permit is pending plat approval which was submitted in July 2007
and is currently addressing all comments.
We appreciate your understanding of this request. Enclosed is a check in the amount of $500 for
processing fees. Please contact me if additional information is required.
Sincerely,
!
MILLER LAND PLANNING CONSULTANTS, INC.
~~
I ,
Christi Tuttle
'\
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
August 27, 2008
B. Aspen Glen
Site Plan Time Extension
1.
PROJECT
AGENT:
DESCRIPTION:
Aspen Glen (SPTE 08-005)
Bradley Miller, Miller Land Planning
Consultants, Inc.
Lawrence Development Group, LLC
East side of Lawrence Road, approximately
1,000 feet south of Hypoluxo Road
Request for a one-year time extension for
construction of 45 single-family zero lot-line
homes on a 9.34 acre parcel, which was
approved on November 21, 2006 (NWSP 06-
025), thereby extending approval from May 21,
2008 to May 21, 2009.
OWNER:
LOCATION:
Mr. Rumpf presented the request. Progress to date included applications filed and/or
permits received from various outside agencies, a utility permit issued by the City and a
plat application submitted to the City, which was under review. Staff recommended the
request be approved and conditioned upon the update of the traffic concurrency
approval from Palm Beach County. Staff also noted the water reservation fee was
required to be paid, and the original conditions on which the site plan were approved
still applied. If approved, the request would extend the approval of the project to May
21, 2009.
Bradley Miller, Miller Land Planning Consultants, 420 West Boynton Beach Boulevard,
advised he represented the applicant. Included with the meeting materials was a list of
the permits pursued by the applicant, some of which had been issued and some of
which were close to being issued. There were final issues to be resolved before the
permits were issued and the first inspection was completed.
Chair Jaskiewicz opened the public hearing. No one remained in the audience, and the
public hearing was closed.
Mr. Poznak addressed drainage issues. Chair Jaskiewicz pointed out the applicant had to
meet drainage requirements at the time the site plan was submitted, and the board
would just be dealing with the time extension request. She noted the time extension
was subject to the original conditions of approval, as well as the three additional
conditions of approval set forth in the meeting materials. Mr. Miller had no objection to
any of the conditions of approval.
Chair Jaskiewicz inquired as to when the applicant anticipated breaking ground. Mr.
Miller noted he could not provide a speCific date. The applicant was still attempting to
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
August 27,2008
secure a permit, and the project had been delayed as a result of market conditions.
The single-family project appeared to have been affected by the economy more so than
the multi-family developments. Mr. Miller was hopeful conditions would improve and
the project would go forward.
An inquiry was made as to the number of extensions which could be requested and
granted. Mr. Rumpf responded Code did not restrict the number of extensions that
could be requested. It only restricted the time period per extension. He noted traffic
concurrency requirements with the County were bound by time constraints, but could
be extended by proper application through the County. Chair Jaskiewicz noted the
board's practice was to grant no more than two or three time extensions; however, the
board took into consideration the conditions of the economy.
Motion
Mr. Poznak moved to approve. Chair Jaskiewicz clarified the motion would approve a
request for a one-year time extension for construction of 45 single-family zero lot-line
homes on a 9.34 acre parcel, which was approved on November 21, 2006, thereby
extending approval from May 21, 2008 to May 21, 2009, including the three conditions
of approval. The motion was seconded by Ms. Barritt with an amendment that the
original outstanding conditions of approval be included as well. The motion passed
unanimously as amended.
Mr. Miller inquired as to when the utility fee was due. Mr. Rumpf advised Utilities
requested the fee be paid within two weeks of the site plan approval. Additionally, the
development could be at risk for not having water reserved. Mr. Miller noted the fee
would be paid immediately.
C. Land Development Regulation M Rewrite
Group 6 (CDRV 07-004)
1.
PROJECT:
Land Development Regulation - Rewrite
Group 6 (CDRV 07-004)
City-initiated
A portion of Group 6 deliverable, pursuant to
the LDR Rewrite Work Schedule, which
includes Chapter 4, Article IV. Sign Standards.
AGENT:
DESCRIPTION:
This proposed section will ultimately replace
The existing Chapter 21 (Signs), within Part III
of the Land Development Regulations.
Eric Johnson, Planner, noted it was staff's intent to bring to the board the entire
Group 6 deliverable which consisted of four articles: "Sign Regulations," "Flood
5