AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl!: Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 7, 2004 March 15,2004 (Noon.) D June 1,2004 May 17,2004 (Noon)
D April 20, 2004 AprilS, 2004 (Noon) ~ June 15,2004 May 31, 2004 (Noon)
D May 4, 2004 April 19, 2004 (Noon) D July 6, 2004 June 14,2004 (Noon)
D May 18, 2004 May 3, 2004 (Noon) D July 20, 2004 July 5, 2004 (Noon)
D Administrative D Legal
NATURE OF D Announcement D New Business
AGENDA ITEM D City Manager's Report D Presentation
~ Consent Agenda D Public Hearing
D Code compliance/Legal Settlements D UnfInished Business
RECOMMENDATION: Please place this request on the June 15,2004 City Commission Agenda under Consent
Agenda. The Community Redevelopment Agency Board with a 4 to 1 vote, recommended that the subject request be
approved, subject to additional conditions to limit the extension to 6 months, require any minor site plan modifIcations be
presented to the CRA Board prior to approval, and that the water reservation fee be paid, prior to Commission review, for
both the original approval and extension period. For further details pertaining to the request, see attached Department of
Development Memorandwn No. PZ 04-109.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Arches (SPTE 04-004)
Ryan WeisfIsch, Boynton Ventures 1, LLC
Multiple Owners
Southwest comer of Ocean Avenue and Federal Highway
Request for a one (1) year time extension of the site plan approval granted on June 3,
2003, from June 3, 2004 to June 3, 2005.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
City Manager's Signature
k:().~
Planning and Zoning ir tor City Attorney / Finance / Human Resources
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04.109
TO:
Chairman and Members
Community Redevelopment Agency Board
THRU:
Michael Rumpf
Director of Planning and Zoning
FROM:
Eric Lee Johnson, AICP
Planner
11
DATE:
May 20, 2004
The Arches / SPTE 04-004
PROJECT:
REQUEST:
Site Plan Time Extension
PROJECT DESCRlPnON
Property Owner:
Multiple owners, Including MGR of Palm Beach, Inc., Dolphin Bar Inc., and
Prime Plaza, Inc.
Applicant / Agent:
Mr. Ryan Welsflsch with Boynton Ventures 1, LLC
Location:
Beginning at the southwest comer 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:
Adjacent Uses:
3.515 acres (153,113.4 square feet)
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 stili farther west Is developed
commercial properties zoned CBD.
Page 2
Memorandum No. PZ 04-109
BACKGROUND
In 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 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. According to public records,
the subject property remains under multiple ownership.
Mr. Ryan Welsfisch of Boynton Ventures 1~ LLC is now requesting a one (I)-year time extension, for the
site plan (NWSP 03-002) that was approved on June 3,2003. It must be noted that on June 17, 2003, the
City Commission approved Ordinances 03-019 and 03-020, which adopted the corresponding land use
amendment I rezoning changes (LUAR 03-003), also requested by Boynton Ventures, LLC. This land use
amendment I 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 approval of the land use and zoning are now in perpetuity and cannot be changed unless a
formal request Is made to change them. 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. Both the City Commission and the Florida Department of Community Affairs (DCA) approved
the land use amendment and rezoning application. However, 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. If this request for extension were approved, the expiration date of this site plan,
Including concurrency certification would be extended to June 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 April 27, 2004, which Is nearly two (2) months prior to the expiration date of the new site
plan.
According to the time extension application, Mr. Weisfisch indicates that Boynton Ventures, LLC has
"encountered an unforeseen environmental issue". While It may be true that the applicant experienced
delays caused by outside government agencies or Inherent problems with the subject site, the onus Is stili
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 requires additional time for due diligence with regard to property acquisition, 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 bulld-out year of 2005. The site plan time extension Is stili subject to the 53 conditions approved
In the original new site plan.
Page 3
Memorandum No. PZ 04-109
RECOMMENDAnON
Staff recommends approval of this request for a one (I)-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 penn it
process. Any additional conditions of approval recommended by the Board or City Commission would be
placed In exhibit "C" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\SPTE Q4-<Xl4\Staff Reportdoc
Location Map
The Arches at Boynton Beach
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EXHIBIT "e"
Conditions of Approval
Projectname:AIches
File number: SPTE 04-004
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/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. Extension limited to 6 months instead of 1 year, require any minor site plan X
modifications be presented to the CRA Board prior to approval, and that the
water reservation fee be paid, prior to Commission review, for both the
original approval and extension period.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
2. To be determined.
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CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet JllYB accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one copy of aQenda request (with back UD) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Deadline for Submittal to City P & D/CRA Requests Deadline
Clerk's Office
Departments are responsible for securing the following
si natures on attached A enda Ruest Form:
De artment Head
Wilfred Hawkins for de artments under Administrative Services
Finance De artment for items that involve ex enditure of funds
All back u material is attached
All exhibits are attached & marked e. .
~(j12-
Department Head's initials:
Arches (SPTE 04-004)
Please do not write in the shaded area below.
Legal Department signature 0
City Manager's 'signature' 0
, ,
, ,
lTEM~REruRN~O FOR'THE'FOLLOWING:REAsON(S):
Signature:(s):mlssingD
Incomplete SljbmittaJ '0
MIs$ed'deadUneD
Other ,0 ,Reason:
-. '. , . ~ .
Persort'cqlitatted to pick up rejected request,
by .,' ,"
bg - 7/19/02
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on
(Date)