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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: /-~ c..; - '7 '~ - Op 7j ~- J YJ' J '1- '. ~'1'L0C' !-.kaL.T', ,) City Clerk ~.~, ~.; 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 1<4'f"": '>~ ~:~ ' ..8- -,..... II ... - .. -:, ... ., . '. .. . .' . .- IIfiI .. .. ... ',11' .. - - .,,-,;: /' '~,r~ ."'Y.' III II. r II -- .... . 'I" _ -- "", . ",l1li, .... III ..... -. ".".. .. - .. - -- .. -. ....."..,' III.'. _> .. .,..... ,I r ... -' ", ,'.... · , ' -r'..... . ..'- . '--I '- __, .. -- -"- '.. . -. 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'11 ,~ i1W IIIIil iIIIil .1'('; .;111 I 1I!iI!..1IIIlII .. ."', I - f'. \7';-'1 i Aspen Glen 1 in. = 200.1 feet ,.... f 'I fii IJIf UlI nUlU, i!HI f ff HI r~H li~f fhfill tlJ I it II} 1,11 i~:l iU;!r if i It IiI ifi IIi! Iflf!i! I : I H !! fI ifi- i ( 8.. g I,' 1I11'olllVlIl<\jLI R I 9- 8.. ~ 0- " <I , ' ;: 0 " f ., fir ~ i P ~ei III' 71- H~Ep lHfi ~c:: ~ pi} r I J ma- J I , " " ~~i fi~id I'/! mill ~ f f f~ film g::l r I i i !! ~ ~ ~;u liP ~ :c . c ." 'I i ;0 iiio ~.. r ~ I , ':'" . L;: m ;11 Q) . II ." !I' " i CD i ~~ ... ~ ~I COIoPIu.sA"DliH: ,m z I f , 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