REVIEW COMMENTS
MEMORANDUM
UTILITIES DEPARTMENT NO. 04-72
TO: Michael Rumpf, Director of Planning & Zoning
FROM:
Peter Mazzella, Deputy Director of Utilities
~
DATE:
June 4, 2004
SUBJECT: The Arches - additional comments regarding site plan extension
The Development Order for the Arches project issued on June 3, 2003, included in
condition no. 6 the requirement to reserve water and sewer capacity within 30 days
of site plan approval by the City Commission. The developer has not complied
with this condition, and as such does not have a firm reservation of capacity at this
time. This failure to comply with the conditions of the Development Order may
cause the Order to be invalid, thereby requiring the applicant/developer to re-apply
for a new site plan approval. Or, in order to maintain the current Order, the
developer may reserve the needed capacity retroactively, by paying the reservation
fee for the past year, in addition to the upcoming year. In that the reservation is
past due, all payments must be made prior to City Commission approval of
the extension.
Water treatment capacity is severely limited at this time. Without a firm
reservation, this Department cannot commit to serving this project with potable
water.
Xc: Peter Mazzella
Nancy Byrne, Development Dept.
Ed Breese, Planning & Zoning
Laurinda Logan, Engineering Division
File
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FROM: CITY OF BOYNTON BCH UTILITIES FRX NO. 5617426298
Jun. 04 2004 02:03PM Pi
MEMORANDUM
UTILITIES DEP ARTM'ENT NO. 04-72
TO: Michael Rumpf~ Director of Planning & Zoning
}'ROM:
Peter Mazzella, Deputy Director of Utilities
~/
DATE:
June 4~ 2004
SUBJECT: The Arches - additional comments regarding site plan extension
The Development Order for the Arches project is!med on June 3.2003, included in
condition no. 6 the requirement to reserve water and sewer capacity within 30 days
of site plan approval by the City Commission. The developer has not complied
with this condition~ and as such does not have a firm reservation of capacity at this
time. This failure to comply with the conditions of the Development Order may
cause the Order to be invalid, thereby requiring the applicant/developer to re~apply
for a new site plan a.pproval. Or, in order to maintain the current Order, the
developer may reserve the needed capacity retroactively, by paying the reservation
fee for the past year, in addition to the upcoming year. In tbat the reservation is
p~llst dMC, aU payments must be made pi'ior to City Commission approval of
the extension.
Water treatment capacity is severely limited at this time. Without a firm
reservation, this Department cannot commit to serving this project with potable
water,
Xc: Peter Mazzella
Nancy Byrne, Development Dept.
Ed Breese, Planning & Zoning
Laurinda Logan, Engineering Division
File
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
t
DATE:
May 20, 2004
The Arches / SPTE 04-004
PROJECT:
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 (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 04-109
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 Weisfisch of Boynton Ventures 1, LLC is now requesting a one (1)-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 / rezoning changes (LUAR 03-003), also requested by Boynton Ventures, LLC. This 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 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 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 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 build-out year of 2005. The site plan time extension is still subject to the 53 conditions approved
in the original new site plan.
Page 3
Memorandum No. PZ 04-109
RECOMMENDATION
Staff recommends approval of this request for a 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.
S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\SPTE 04-004\Staff Report.doc
Location Map
The Arches at Boynton Beach
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EXHIBIT "e"
Conditions of Approval
Project name: Arches
File number: SPTE 04-004
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/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
Comments:
1. None
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
2. To be determined.
S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\SPTE 04-004\COA.doc