REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-279
Corrected Report
TO:
Chair and Members
Community Redevelopment Agency Board
THRU:
Michael Rumpf
Director of Planning and Zoning
FROM:
Eric Lee Johnson, AICP
Planner
DATE:
December 8, 2004
PROJECT:
The Arches / SPTE 05-001
REQUEST:
Site Plan Time Extension
PROJECT DESCRIPTION
Property Owner:
Multiple owners, including MGR of Palm Beach, Inc., Dolphin Bar Inc., and
Prime Plaza, Inc.
Applicant / Agent:
Mr. Ryan Weisfisch with Boynton Ventures 1, LLC
Location:
Beginning at the southwest corner of Ocean Avenue and Federal Highway (see
Exhibit "AfT - Location Map)
Existing Land Use / Zoning: Mixed Use Core (MXC) / Mixed Use-High (MU-H)
Proposed Land Use/Zoning: No change proposed
Proposed Uses:
Mixed Use project including Residential Multi-family, Parking Garage, Office
and Retail.
Acreage:
3.515 acres (153,113.4 square feet)
Adjacent Uses:
North:
Right-of-way for Ocean Avenue and farther north are developed properties
zoned Central Business District (CBD);
Right-of-way for Southeast 2nd Avenue and farther south is a developed
commercial plaza zoned Community Commercial (C-3);
South:
East:
Right-of-way for Federal Highway and father east is developed commercial
properties zoned CBD; and
West:
Developed commercial properties in Block 7 zoned CBD and then farther west is
right-of-way for Southeast 4th Street and still farther west is developed
commercial properties zoned CBD.
Page 2
Memorandum No. PZ 04-279
BACKGROUND
In February of 2003, Boynton Ventures 1, LLC, the contract purchaser, assembled many different lots
throughout almost two (2) city blocks in order to construct a large-scale mixed-use development. The City
Commission approved the site plan (NWSP 03-002) on June 3, 2003. The project was approved for three (3)
separate buildings ranging from three (3) stories to 10 stories in height. Retail and restaurant uses would
primarily occupy the ground floor while office and residential uses would occupy the second and remaining
upper floors. This scenario would be consistent with the standards of the MU-H zoning district. The project
was to be built within one (1) phase. A subdivision master plan is valid for only one (1) year after a
development order has been issued. The developer is required to secure a building permit within that year.
On June 17, 2003, the City Commission approved Ordinances 03-019 and 03-020, which adopted the
corresponding land use amendment / rezoning changes (LUAR 03-003), also requested by Boynton Ventures,
LLC. The land use amendment / rezoning request successfully changed the underlying land use from Mixed
Use (MX) to Mixed Use Core (MX-C) and the zoning from Central Business District (CBD) to Mixed Use High
Intensity (MU-H). The gross density of the project was approved at approximately 79 dwelling units per acre,
which was in compliance with the maximum density allowed in the MX-C land use category. Furthermore, both
the City Commission and the Florida Department of Community Affairs (DCA) approved the land use
amendment and rezoning application.
In May of 2004, Mr. Ryan Weisfisch of Boynton Ventures 1, LLC requested a one (l)-year time extension for
the site plan (NWSP 03-002). Staff reviewed the application and recommended approval of the time extension
request. The Community Redevelopment Agency (CRA) reviewed the request but recommended only a six (6)
month time extension instead of the one (1) year extension requested by the applicant. On June 15, 2004, the
City Commission approved a six (6) month time extension by a 4 to 1 vote. The site plan expires on December
15, 2001 December 3, 2004.
Unable to secure a building permit, Mr. Ryan Weisfisch of Boynton Ventures 1, LLC is requesting a second, one
(1) year time extension for the site plan (NWSP 03-002). If this request for extension were approved, the
expiration date of this site plan, including concurrency certification would be extended to December 15, 2005
December 3, 2005.
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 application for time extension on
November 12, 2004, which is one (1) month before the expiration date of the new site plan.
According to the time extension application, Mr. Weisfisch indicates that Boynton Ventures, LLC has "entered
into a contract for the purchase of the Arches land and are currently re-negotiating our contractual
relationships relating to the future development of this site. Faison has simultaneously put under contract the
'Katz Property' at the intersection of Ocean Avenue and 4th Street, and Faison is currently negotiating to
acquire the Leiffer parcel as well". While it may be true that the applicant experienced delays caused by
private matters or inherent problems with the subject site, the onus is still on the applicant to submit
drawings to the Building Division in order to secure a building or infrastructure type of permit. Submitting
these types of permit plans demonstrates "good faith" to the City that the developer is attempting to
Page 3
Memorandum No. PZ 04-279
complete the project. In defense of the developer, however, a project of this magnitude, plus the possible
acquisition of additional property would require more time for due diligence with regard to property
assemblage, project financing, and construction planning. Also, a more formal criterion for evaluating
requests for time extensions is compliance with (traffic) concurrency requirements. On January 6, 2002, the
Palm Beach County Traffic Division approved the traffic study for 59,000 square feet of retail and 257
dwelling units with a build-out year of 2005. The site plan time extension is still subject to the 53 conditions
approved in the original new site plan.
RECOMMENDATION
Staff recommends approval of this request for a second, one (l)-year time extension of the site plan (NWSP
03-002). As previously mentioned, if this request for site plan time extension is approved, all conditions of
approval from the original site plan must still be satisfactorily addressed during the building permit process.
Any additional conditions of approval recommended by the Board or City Commission would be placed in
Exhibit "CIf - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\SPTE 05-001\Staff Report.doc
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-279
FROM:
Chair and Members
Community Redevelopment Agency Board
Michael Rumpf~~\ l
Director of Planning and Zoning
Eric Lee Johnson, AICP ~
Planner (j
TO:
THRU:
DATE:
December 8, 2004
PROJECf:
The Arches / SPTE 05-001
REQUEST:
Site Plan Time Extension
PROJECT DESCRIPTION
Property Owner:
Multiple owners, including MGR of Palm Beach, Inc., Dolphin Bar Inc., and
Prime Plaza, Inc.
Applicant / Agent:
Mr. Ryan Weisfisch with Boynton Ventures 1, LLC
Location:
Beginning at the southwest corner of Ocean Avenue and Federal Highway (see
Exhibit "A" - Location Map)
Existing Land Use / Zoning: Mixed Use Core (MXC) / Mixed Use-High (MU-H)
Proposed Land Use/Zoning: No change proposed
Proposed Uses:
Mixed Use project including Residential Multi-family, Parking Garage, Office
and Retail.
Acreage:
3.515 acres (153,113.4 square feet)
Adjacent Uses:
North:
Right-of-way for Ocean Avenue and farther north are developed properties
zoned Central Business District (CBO);
Right-of-way for Southeast 2nd Avenue and farther south is a developed
commercial plaza zoned Community Commercial (C-3);
South:
East:
Right-of-way for Federal Highway and father east is developed commercial
properties zoned CBO; and
West:
Developed commercial properties in Block 7 zoned CBO and then farther west is
right-of-way for Southeast 4th Street and still farther west is developed
commercial properties zoned CBO.
Page 2
Memorandum No. PZ 04-279
BACKGROUND
In February of 2003, Boynton Ventures 1, LLC, the contract purchaser, assembled many different lots
throughout almost two (2) city blocks in order to construct a large-scale mixed-use development. The City
Commission approved the site plan (NWSP 03-002) on June 3, 2003. The project was approved for three (3)
separate buildings ranging from three (3) stories to 10 stories in height. Retail and restaurant uses would
primarily occupy the ground floor while office and residential uses would occupy the second and remaining
upper floors. This scenario would be consistent with the standards of the MU-H zoning district. The project
was to be built within one (1) phase. A subdivision master plan is valid for only one (1) year after a
development order has been issued. The developer is required to secure a building permit within that year.
On June 17, 2003, the City Commission approved Ordinances 03-019 and 03-020, which adopted the
corresponding land use amendment / rezoning changes (LUAR 03-003), also requested by Boynton Ventures,
LLC. The land use amendment / rezoning request successfully changed the underlying land use from Mixed
Use (MX) to Mixed Use Core (MX-C) and the zoning from Central Business District (CBD) to Mixed Use High
Intensity (MU-H). The gross density of the project was approved at approximately 79 dwelling units per acre,
which was in compliance with the maximum density allowed in the MX-C land use category. Furthermore, both
the City Commission and the Florida Department of Community Affairs (DCA) approved the land use
amendment and rezoning application.
In May of 2004, Mr. Ryan Weisfisch of Boynton Ventures 1, LLC requested a one (l)-year time extension for
the site plan (NWSP 03-002). Staff reviewed the application and recommended approval of the time extension
request. The Community Redevelopment Agency (CRA) reviewed the request but recommended only a six (6)
month time extension instead of the one (1) year extension requested by the applicant. On June 15, 2004, the
City Commission approved a six (6) month time extension by a 4 to 1 vote. The site plan expires on December
15, 2004.
Unable to secure a building permit, Mr. Ryan Weisfisch of Boynton Ventures 1, LLC is requesting a second, one
(1) year time extension for the site plan (NWSP 03-002). If this request for extension were approved, the
expiration date of this site plan, including concurrency certification would be extended to December 15, 2005.
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 application for time extension on
November 12, 2004, which is one (1) month before the expiration date of the new site plan.
According to the time extension application, Mr. Weisfisch indicates that Boynton Ventures, LLC has "entered
into a contract for the purchase of the Arches land and are currently re-negotiating our contractual
relationships relating to the future development of this site. Faison has simultaneously put under contract the
'Katz Property' at the intersection of Ocean Avenue and 4th Street, and Faison is currently negotiating to
acquire the Leiffer parcel as well". While it may be true that the applicant experienced delays caused by
private matters or inherent problems with the subject site, the onus is still on the applicant to submit
drawings to the Building Division in order to secure a building or infrastructure type of permit. Submitting
these types of permit plans demonstrates "good faith" to the City that the developer is attempting to
complete the project. In defense of the developer, however, a project of this magnitude, plus the possible
Page 3
Memorandum No. PZ 04-279
acquisition of additional property would require more time for due diligence with regard to property
assemblage, project financing, and construction planning. Also, a more formal criterion for evaluating
requests for time extensions is compliance with (traffic) concurrency requirements. On January 6, 2002, the
Palm Beach County Traffic Division approved the traffic study for 59,000 square feet of retail and 257
dwelling units with a build-out year of 2005. The site plan time extension is still subject to the 53 conditions
approved in the original new site plan.
RECOMMENDATION
Staff recommends approval of this request for a second, one (l)-year time extension of the site plan (NWSP
03-002). As previously mentioned, if this request for site plan time extension is approved, all conditions of
approval from the original site plan must still be satisfactorily addressed during the building permit process.
Any additional conditions of approval recommended by the Board or City Commission would be placed in
Exhibit "C" - Conditions of Approval.
5:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\SPTE 05-001\Staff Report.doc
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EXHIBIT "e"
Conditions of Approval
Project name: Arches
File number: SPTE 05-001
Reference: Site Plan Time Extension
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
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
PLANNING AND ZONING
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
2. To be determined.
S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\SPTE 05-001\COA.doc
EXHIBIT "e"
Conditions of Approval
Project name: Arches
File number: SPTE 05-001
Reference: Site Plan Time Extension
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: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
2. Status reports required from both staff and the developer, due on May 1, 2005 X
and a second report on September 1, 2005, to describe progress made from
each perspective.
S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\SPTE 05-001\COA.doc