REVIEW COMMENTS
7.C.l
ASPEN GLEN (SPTE 08-005)
SITE PLAN TIME EXTENSION
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
, OEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 08-067
Chair and Members
Planning and Dev~~ment Board
Michael Rumpf ~~
Director of Planning and Zoning
Ed Breese ~
Principal Planner
August 7, 2008
Aspen Glen (SPTE 08-005)
Site Plan Time Extension
Property Owner:
Applicant:
Agent:
Location:
PROJECT DESCRIPTION
Lawrence Development Group, LLC / Leonard Albanese,
Managing Member
Lawrence Development Group, LLC / Leonard Albanese,
Managing Member
Mr. Bradley Miller, AICP / Miller Land Planning Consultants,
Inc.
East side of Lawrence Road, approximately 1,000 feet south
of Hypoluxo Road (see Location Map - Exhibit "AIF)
Existing Land Use/Zoning:
Low Density Residential (LDR)/ Planned Unit Development
(PUD)
Proposed Land Use/Zoning:
No change proposed
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
45 Single-family zero lot line homes
9.34 acres
Single-family residential development (Jonathan's Grove) designated Low Density
Residential (LDR) and zoned R1-A;
Single-family zero-lot line residential development (Nautica Sound Phase I)
designated Low Density Residential (LDR) and zoned Planned Unit Development
(PUD);
Single-family zero-lot line residential development (Nautica Sound Phase II)
designated Low Density Residential (LDR) and zoned Planned Unit Development
(PUD); and
Page 2
Memorandum No. PZ 08-067
West: Right-of-way for Lawrence Road, and farther west, single-family zero-lot line
development (Palmyra Estates) within unincorporated Palm Beach County
designated MR-5 and zoned PUD.
BACKGROUND
Mr. Bradley Miller, agent for Lawrence Development Group, LLC (property owner) is requesting a one
(l)-year site plan time extension for the Aspen Glen site plan development order (NWSP 06-025), which
was approved by the City Commission on November 21, 2006. The site approval is valid for 18 months
from the original date of approval. If this request for a one (l)-year time extension were approved, the
expiration date of this site plan, including concurrency certification, would be extended to May 21, 2009.
The subject property has 334 feet of frontage on the east side of Lawrence Road, and a depth of 1,220 feet.
The site previously consisted of two (2) residential parcels (7216 Lawrence Road and 3904 71 st Lane South)
and was cleared subsequent to receiving site plan approval. According to the original site plan staff report,
the proposed development consists of 45 single-family detached (zero lot line) dwelling units along a cul-
de-sac street (see Exhibit "B"). The project has been approved for the following: annexation (ANEX 06-
006), land use and rezoning (LUAR 06-013) and a new site plan (NWSP 06-025).
ANALYSIS
The site plan approval for the Aspen Glen project is valid for 18 months from the date of approval. The
applicant has to receive a building permit prior to the expiration of their approval or request an
extension. 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 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,
as staff received the request for a site plan time extension on May 16, 2008, approximately a week prior
to the expiration date of the new site plan (see Exhibit "C").
According to the agent, the applicant has been diligently working toward securing a building permit, and
while he notes that lack of sales due to the market conditions has delayed the project, he also indicates
that the following has been accomplished:
. Submission of right-of-way and utility permits to Palm Beach County, with issuance expected
anytime.
. NPDES permit issued by Florida Department of Environmental Protection.
. Water Use permit issued by South Florida Water Management District.
. Utility permit issued by the City.
. Renewal of the Lake Worth Drainage District permit.
. The plat has been submitted to the City for formal review.
A more formal criterion for evaluating requests for time extensions is compliance with concurrency
requirements. Traffic concurrency was approved with a build-out date of 2008 and no building permits
are to be issued by the City for this project after the 2008 build-out date. Since the applicant has not
begun any construction, it would appear there would not be adequate time left on the traffic
Page 3
Memorandum No. PZ 08-067
concurrency, and an updated traffic approval letter from Palm Beach County Traffic Engineering will be
required. As for utilities, records indicate the utility reservation fee will expire in November. Without
payment of the reservation fee, the Utilities Department cannot guarantee capacity will be available
when the developer is ready to move forward.
The site plan time extension is still subject to the original 31 conditions of site plan approval. Lastly, no
new land development regulations are now in place which staff recommends should be applied to the
subject project. As for application of the Art in Public Places ordinance (05-060), this project was not
exempt, as the new site plan request was filed and under review after adoption of Ordinance 05-060 on
October 5, 2005. The original site plan depicted the public art at the east end of the cul-de-sac,
consisting of either a lighted water feature or sculpture.
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for a one (l)-year time extension of the site plan (NWSP 06-
025) for the Aspen Glen project. If this request for extension were approved, the expiration of this site
plan, including concurrency certification, would be extended to May 21, 2009. If this request for site plan
time extension is approved, all outstanding conditions of approval from the original site plan 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
"D").
S:\Planning\SHARED\WP\PROJECTS\ASpen Glen\SPTE 08-005\Staff Report.doc
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EXHIBIT "B"
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MILLER
LAND
PLANNING
CONSULTANTS, INC.
EXHIBIT C
420 W. Boynton Beach Blvd.. Ste. 201
Boynton Beach. FL 33435
Phone. 561/736-8838
Fax. 561/736-8079
Email .www.mlpc.net
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 Utility 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 Utility Permit was issued in January 2008
· The LWDD permit was renewed in March 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.
l
/ r;
Christi Tuttle
EXHIBIT "D"
Conditions of Approval
Project name: Aspen Glen
File number: SPTE 08-005
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None
PUBLIC WORKS - Forestry & Grounds
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
I PLANNING AND ZONING I I I
Comments:
1. The site plan time extension is subject to the original conditions of approval.
2. An updated traffic approval letter from Palm Beach County Traffic
Engineering will be required.
3. In order to ensure capacity will be available when the developer is ready to
move forward, the applicant shall pay the utility reservation fee.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S :\Planning\SHAREDI WP\PROJECTS\Aspen Glen\SPTE OS-005\COA,doc