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REVIEW COMMENTS DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-037 FROM: Chair and Members Community Redevelopment Agency Board Michael Rum~lt~ Director of Planning and Zoning Ed Breese ~ Principal Planner TO: THRU: DATE: February 10, 2006 PROJECT: Seaview Park Club / SPTE 06-002 REQUEST: Site Plan Extension PROJECT DESCRIPTION Property Owner: Multiple owners (see file)/Lennar Homes - contract purchaser Applicant: Andy MacGregor of Lennar Homes Location: 1620 North Federal Highway (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Special High Density Residential (SHDR - 20 du/ac)/ Infill Planned Unit Development (IPUD) Proposed Land Use/Zoning: No change Proposed Use: Site Plan Time Extension for a 64 unit, three (3) story townhouse project. Acreage: 3.756 acres (163,611.36 square feet) Adjacent Uses: North: To the northwest, developed multi-family rental complex (Manatee Bay) designated Local Retail Commercial (LRC) and Community Commercial (C-3); to the northeast designated High Density Residential (10.8 du/ac) and zoned Multi-family Residential (R-3); South: To the south along Federal Highway, developed commercial strip center (Yachtsman's Plaza) designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3); farther east, developed single-family residential (Yachtsman's Cove) designated Low Density Residential (4.84 du/ac) and zoned Single Family Residential (R-1-AA); East: Right-of-way for Intracoastal Waterway; and West: Rights-of-way for U.S. 1 and the Florida East Coast Railroad. Page 2 Memorandum No. PZ 06-037 PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject site plan time extension were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Mr. Andy MacGregor, representative for Lennar Homes, Incorporated, is requesting a site plan time extension for the construction of 64, three (3) story townhouse dwelling units. This site plan was originally approved by the City Commission on February 15, 2005 along with the corresponding request for land use change and rezoning (LUAR 04-010) to Special High Density Residential (SHDR) land use and Infill Planned Unit Development (IPUD) zoning district. Under the Special High Density Residential (SHDR) land use category, the maximum allowable density would have allowed a total of up to 75 dwelling units at a density of 20 dwelling units per acre. The site plan allowed for an additional five (5) dwelling units over the number of mobile homes that previously occupied the site. During site plan review, the applicant continued to meet with the Homeowner Association (HOA) abutting the site to arrive at a mutually agreeable landscape buffer and planting scheme as well as revisions to the building facades and height. Condition of Approval #62 provided an opportunity for the applicant to revise the elevations and provide the HOA five (5) days advance notice of formal submittal to the City, in order to allow HOA review of said elevation modifications. The revisions, submitted as a Minor Modification, reduced the number of dwelling units from 69 to 64 and modified the design from the condominium appearance to a townhouse concept, within the same building footprints. The modification was endorsed by the HOA, eliciting the following comments; "We are particularly pleased with the change from a condominium ownership to townhouse design. In addition to being attractive, the layout of each unit places only bedrooms on the third floor. I believe having bedrooms on the top floor rather than kitchens and living rooms will make it much less intrusive on the neighbors below". Staff approved the Minor Site Plan Modification on April 25, 2005. ANALYSIS Lennar Homes, Inc. is requesting a one (1) year time extension to their original approval date of February 15, 2005. If granted the site plan approval would be extended to February 15, 2007. All project conditions of approval pertaining to the original Site Plan and Minor Modification would still apply. 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". It states further that the City Commission may extend the approval for one (1) year provided that the applicant has filed a request for a time extension prior to the expiration of the original approval. In this case, the applicant has met the requirement. The Planning & Zoning Division received the application for a site plan time extension on February 3, 2006, prior to the expiration date. In support of their request, Lennar Homes submitted a list of justifications. They note that they have complied with the condition of approval requiring the building elevations be modified, as evidenced by the Minor Modification approval, the Capacity Reservation fees for utilities have been paid in full, an Environmental Resource Permit was issued by the South Florida Water Management District on January 11, 2006 and a FDOT Driveway Permit was renewed on August 17, 2005. Additionally, the bid process for a demolition contractor has been completed and the contractor chosen, and a Preliminary Plat has been submitted to the City Engineer and comments received. The re-submittal based upon those comments is being prepared. Also, Paving, Grading and Drainage plans have been submitted to the City Engineer and comments received. The re-submittal based on those comments is currently underway. Water and Sewer Page 3 Memorandum No. PZ 06-037 drawings have been submitted to the City Engineer and responses to the comments are being re- submitted. Lastly, Lennar has contracted with FP&L for $10,191 to remove the overhead power lines and poles located on the property. The applicant also notes that the park owner issued the required eviction notices to the mobile home park residents and several residents filed for relief with the courts. Throughout this period, Lennar states that they continued to seek the necessary governmental permits to construct the project. The court complaint was voluntarily dismissed on November 14, 2005, as a result of a settlement agreement between the owners and park residents. Lastly, the Homeowner's Association abutting the project has requested that the developer place the overhead utilities along Federal Highway underground. Although not part of the original approval, the developer (Lennar) understands that the project immediately south of Seaview (Yachtsman's Cove) will be placing the overhead utilities underground with their redevelopment project. As such, Lennar agrees to have the lines place underground in a coordinated effort with this adjacent project. RECOMMENDATION Staff recommends approval of this request for a one (l)-year time extension of the Site Plan as modified through the Minor Modification approval. This recommendation is based on the "good faith" effort shown to build the project, the degree of difficulty associated with all of the permitting agencies associated with a project of this nature and the fact that no changes have been made to the Land Development Regulations that would impact this project since it was approved in 2005. All conditions of approval included in the initial Development Order and Minor Site Plan Modification must still be satisfactorily addressed during the building permit process. Any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "C" - Conditions of Approval. S:IPlanninglSharedlWplProjectslSeaview Park ClublSPTE 06-0021Staff Report.doc Exh.Jit 'A' - Location lV.dp o I 100 200 400 600 800 I Feet N w*, s LENNAR !lUll"" lalllt Illfq:III\ EXHIBIT B February 3, 2006 i < 1 ' i FEB I 2006 Michael W. Rumpf Director of Planning and Zoning City of Boynton Beach Development Department Planning and Zoning Division 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425 Re: Seaview Park Club - Request for Extension of Site Plan Approval , --~_..~~_'v__~... ------- .! Dear Mike, As you are aware, site plan approval for the above project was granted by the City Commission on February 15, 2005. Lennar Homes, Inc. has been diligently working to secure all necessary governmental approvals to allow construction of this community to begin as soon as possible. Despite our best efforts, however, it appears that we will not have secured a building permit from the City of Boynton Beach prior to the expiration of our site plan approval. We are therefore requesting an extension to our current site plan approval for a period of one year to allow us to complete our current engineering review process with the City of Boynton Beach and to secure building permits for this project. In support of this request for extension of site plan approval, we would ask that you consider the following accomplishments which we feel demonstrates our firm commitment to the successful development of Seaview Park: · Minor modification to site plan, accommodating certain changes requested by City of Boynton Beach approved on April 25, 2005. · Capacity Reservation Fees in the amount of $5,821.20 paid in full to City of Boynton Beach · Environment Resource Permit (ERP) issued by South Florida Water Management District on January 11, 2006 · FDOT Driveway Permit renewed on August 17, 2005 · Bid process for demolition contractor complete and contractor selected. · Payment in the amount of $10,191.00 made to Florida Power & Light for removal of existing overhead electric poles located on the Seaview Park property. FP&L are scheduled to commence this work week beginning February 6, 2006. · Preliminary Plat submitted to City Engineer and comments received. Resubmittal scheduled for February 7, 2006 · Paving, Grading and Drainage drawings submitted to City Engineer and Comments received. Resubmittal scheduled for February 7,2006 G)- 1015 N. State Rd. 7 · Suite C . Royal Palm Beach, FL 33411 · Telephone: 561-333-4700 · Fax: 561-753-5533. www.lennar.com m.= February 3, 2006 Michael W. Rumpf Re: Seaview Park Club - Request for Extension of Site Plan Approval Page 2 · Water and Sewer drawings submitted to City Engineer and Comments received. Resubmittal scheduled for February 7, 2006. Documentation supporting all of the above milestones has been attached to this letter In parallel with our development work, the owner's of Seaview Park issued eviction notices to all residents of Seaview in May 2005. As you know, during the eviction notice period, several of the park residents filed a complaint for declaratory and injunctive relief against both the City of Boynton Beach and the Owner's of Seaview Park Club. Despite the uncertainty regarding the potential outcome of this litigation, Lennar Homes, Inc. continued its efforts to secure governmental approvals. Thankfully this complaint was voluntarily dismissed on November 14, 2005 as a result of a settlement agreement between the Owners and the park residents. In order to avoid any potential delay to the project, we would respectfully ask that this request for extension of site plan approval be submitted for inclusion on the CRA agenda for March 14, 2006 and on the subsequent City Commission agenda for March 21, 2006. Lennar Homes, Inc. will of course mail the required notices to neighboring property owners and post required signage in advance of the above meetings. Should you require any additional documentation or deem it necessary to have representation from our office at any meetings prior to the above hearings please do not hesitate to contact me at (561) 228-5314. Your early response in this matter would be greatly appreciated. Thank you once again for your continued support. Sincerely, LENNAR H :f? Andy MacGr r Portfolio Ma nager EXHIBIT "e" Conditions of Approval Project name: Seaview Park Club File number: SPTE 06-002 Reference: 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 1. Time extension is subject to the original Conditions of Approval and those X contained within the Minor Site Plan Modification approval. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: I To be determined. I I I S:\Planning\SHARED\ WP\PROJECTS\Seaview Park Club\SPTE 06-002\Condition of Approval form.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-037 TO: Chair and Members Community Redevelopment Agency Board THRU: Michael Rumpf Director of Planning and Zoning FROM: Ed Breese Principal Planner DATE: February 10, 2006 PROJECT: Seaview Park Club / SPTE 06-002 REQUEST: Site Plan Extension PROJECT DESCRIPTION Property Owner: Lennar Homes" Applicant: Andy MacGregor ; {-; I ,', Location: 1620 North Federal Highway (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Special High Density Residential (SHDR - 20 du/ac)/ Infill Planned Unit Development (IPUD) Proposed Land Use/Zoning: No change Proposed Use: Site Plan Time Extension for a 64 unit, three (3) story townhouse project. Acreage: 3.756 acres (163,611.36 square feet) Adjacent Uses: North: To the northwest, developed multi-family rental complex (Manatee Bay) designated Local Retail Commercial (LRC) and Community Commercial (C-3); to the northeast designated High Density Residential (10.8 du/ac) and zoned Multi-family Residential (R-3); South: To the south along Federal Highway, developed commercial strip center (Yachtsman's Plaza) designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3); farther east, developed single-family residential (Yachtsman's Cove) designated Low Density Residential (4.84 du/ac) and zoned Single Family Residential (R-l-AA); East: Right-of-way for Intracoastal Waterway; and West: Rights-of-way for u.s. 1 and the Florida East Coast Railroad. Page 2 Memorandum No. PZ 06-037 PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject site plan time extension were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Mr. Andy MacGregor, representative for Lennar Homes, Incorporated, is requesting a site plan time extension for the construction of 64 three (3) story townhouse dwelling units. This site plan was originally approved by the City Commission on February 15, 2005 along with the corresponding request for land use change and rezoning (LUAR 04-010) to Special High Density Residential (SHDR) land use and Infill Planned Unit Development (IPUD) zoning district. Under the Special High Density Residential (SHDR) land use category, the maximum allowable density would have allowed a total of up to 75 dwelling units at a density '. \ of 20 dwelling units per acre. The site plan allowed for an additional five (5) dwelling units over the number of mobile homes that previously occupied the site. At the time the plan was progressing tN.oUgh \ , the"appr~-stage, the applicant continued to meet with the Homeowner Association (HOA) abutting the site to arrive at a mutually agreeable landscape buffer and planting scheme as well as revisions to the building facades and height. Condition of Approval #62 provided an opportunity for the applicant to revise the elevations and provide the HOA five (5) days advance notice of formal submittal to the City, in order to allow HOA review of said elevation modifications. The revisions, submitted as a Minor Modification, reduced the number of dwelling units from 69 to 64 and modified the design from the condominium appearance to a townhouse concept, within the same building footprints. The modification was endorsed by the HOA, eliciting the following comments; "We are particularly pleased with the change from a condominium ownership to townhouse design. In addition to being attractive, the layout of each unit places only bedrooms on the third floor. I believe having bedrooms on the top floor rather than kitchens and living rooms will make it much less intrusive on the neighbors below". Staff approved the Minor Site Plan Modification on April 25, 2005. ANALYSIS Lennar Homes, Inc. is requesting a one (1) year time extension to their original approval date of February 15, 2005. If approved the site plan approval would be extended to February 15, 2007. All project conditions of approval pertaining to the original Site Plan and Minor Modification would still apply. 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". It states further that the City Commission may extend the approval for one (1) year provided that the applicant has filed a request for a time extension prior to the expiration of the original approval. In this case, the applicant has met the requirement. The Planning & Zoning Division received the application for a site plan time extension on February 3, 2006, prior to the expiration date. In support of their request, Lennar Homes submitted a list of justifications. They note that they have complied with the condition of approval requiring the building elevations be modified, as evidenced by the Minor Modification approval, the Capacity Reservation fees for utilities have been paid in full, an Environmental Resource Permit was issued by the South Florida Water Management District on January 11, 2006 and a FOOT Driveway Permit was renewed on August 17, 2005. Additionally, the bid process for a demolition contractor has been completed and the contractor chosen, and a Preliminary Plat has been submitted to the City Engineer and comments received. The re-submittal based upon those comments is occurring. Also, Paving, Grading and Drainage plans have been submitted to the City Engineer and --I t - . Page 3 Memorandum No. PZ 06-037 , \. . )0- ~. . v comments received. The re-submittal base. on those comments is currently !d.Qgerway. Water and Sewer drawings have been submitted to the City Engineer and responses to the comments are being re- submitted. Lastly, Lennar has contracted with FP&L for $10,191 to remove the overhead power lines and poles located on the property. The applicant also notes that the park owner issued the required eviction notices to the mobile home park residents and several residents filed for relief with the courts. Throughout this period, Lennar states that they continued to seek the necessary governmental permits to construct the project. The court complaint was voluntarily dismissed on November 14, 2005, as a result of a settlement agreement between the owners and park residents. RECOMMENDATION Staff recommends approval of this request for a one (l)-year time extension of the Site Plan as modified through the Minor Modification approval. This recommendation is based on the "good faith" effort shown to build the project, the degree of difficulty associated with all of the permitting agencies associated with a project of this nature and the fact that no changes have been made to the Land Development Regulations that would impact this project since it was approved in 2005. All conditions of approval included in the initial Development Order and Minor Site Plan Modification must still be satisfactorily addressed during the building permit process. Any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "C" - Conditions of Approval. S:IPlanninglSharedlWplProjectslSeaview Park ClublSPTE 06-0021Staff Report.doc