Loading...
REVIEW COMMENTS DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-078 FROM: Chair and Members Community Redevelopment Agency Board Michael Rum>'t--l!cc, Director of Planning and Zoning Ed Breese ~ Principal Planner TO: THRU: DATE: May 17, 2006 PROJECT: Boynton Beach Lofts / SPTE 06-005 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Mr. James A. Seifert / Addison Properties of South Florida, Incorporated Applicant / Agent: Bradley Miller, Miller Land Planning Consultants Location: 623 South Federal Highway (see Exhibit "A" - Location Map) Existing Land Use/ Zoning: Mixed Use (MX)/ Mixed Use-Low (MU-L) Proposed Land Use/Zoning: No change proposed Proposed Uses: Request site plan time extension approval for a mixed use project consisting of 48 condominium units, 13,354 square feet of office space and 5,364 square feet of retail space on 1.21-acres. Acreage: 1.21-acres Adjacent Uses: North: Vacant commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); South: Developed commercial properties (offices) classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); East: Right-of-way for Federal Highway, then farther east is developed multi-family residential (Sterling Village) classified High Density Residential (HDR) land use and zoned Multi-family Residential (R-3); and West: Right-of-way for Southeast 4th Street, then farther west is an active park (Pence Park) classified Recreational (R) land use and zoned Recreation (REC). Page 2 Memorandum No. PZ 06-078 BACKGROUND Mr. Bradley Miller, agent for Addison Properties of South Florida, Inc, is requesting a one (i)-year time extension for the Boynton Beach Lofts Site Plan and Height Exception Development Orders (NWSP 05-008) (HTEX 05-001) which were approved by the City Commission on April 19, 2005. The site plan approval is valid for one (1) year from the date of approval, unless a building permit has been issued or a time extension applied for. If this request for extensions were approved, the expiration date of this site plan, including concurrency certification would be extended to April 19, 2007. According to the original site plan staff report, Boynton Beach Lofts was approved to include a mixed use project consisting of 48 condominium units, 13,354 square feet of office space and 5,364 square feet of retail space on 1.21-acres, at 623 South Federal Highway. The height exception request was for three (3) feet - two (2) inches above the maximum height of 75 feet in the Mixed Use - Low (MU-L). This approval allowed the top of the stairwell to be designed at 78 feet - two (2) inches in height. 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 extension request April 7, 2006, approximately two (2) weeks prior to the expiration of the site plan and height exception. According to the time extension application, Mr. Miller indicates that they are nearly complete with the architectural and engineering drawings and that they have performed the demolition and site clearing, made financing arrangements and began pre-sales. However, in order to complete some of the financing obligations that would allow him to proceed forward, a certain percentage of pre-sales is required. The project has now reached 45% pre-sale of units, financing has been granted, and they are anticipating submission of plans for permitting in approximately one (1) month. Lastly, the agent's letter indicates that the ramifications of the hurricane stalled this project, as well as others in which the applicant is involved. As such, they are requesting a one (1) year time extension to gain the necessary permits and begin construction. Also, 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 what would appear to be adequate time left on his traffic concurrency, nothing further in this regard is needed at this time. As for utilities, records indicate the utility reservation fee has been paid, therefore no further action is required. The site plan time extension would still be subject to the original conditions of site plan and height exception approvals. Lastly, no new land development regulations are now in place against which the project should be reviewed and modified. RECOMMENDATION Staff recommends approval of this request for a one (1) year time extension of the site plan (NWSP 05-008) and height exception (HTEX 05-001). If these requests for extension were approved, the expiration date of both applications, including concurrency certification would be extended to April 19, 2007, and all conditions from the original approvals must still be satisfactorily addressed during the building permit process. S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\SPTE 06-005\Staff Report.doc .. 1 in. = 77.0 feet Boynton Lofts Exhibit A LL en EXHIBIT B MILLER LAND PLANNING CONSULTANTS, INC. 420 W. Boynton Beach Boulevard Suite #201 Boynton Beach, Florida 33435 PHONE . 561/736-8838 FAX . 561/736~079 April 4, 2006 Michael Rumpf, Director PLANNING & ZONING DEPARTMENT CITY OF BOYNTON BEACH 1 00 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 RE: Boynton Beach Lofts Site Plan & Height Exception File No: NWSP 05-000, HTEX 05-001 Dear Mike, This letter is to request an extension to the site plan and height exception referenced project that was approved on April 19th, 2005. Since the approval. our Client has continued to work on the project but has not yet obtained a building permit. The work that has been done includes demolition and clearing of the site, preparation of construction drawings, arrangement of financing, and pre sales. In order to complete some of the financing obligations that would allow him to proceed forward he needed a certain percentage of pre sales. He now has around 45% pre sales, financing has been granted and he anticipates submitting for permits in approximately one month. In addition, he was stalled by some of the ramifications of the hurricane for this site as well as others that he is involved in. Accordingly, we respectfully request a one year extension to the site plan so we can complete the permit process and proceed forward with this project. Attached is the $400 application fee. Should you need any additional information, please call. Also, please keep us notified of the procedural dates related to this request for the extension. We appreciate your consideration of this requested extension. Sincerely, rn rr; (i\) [? [' ':vi ,~ ,-'" O l~ Ii') ~I \I ~.', i I,:. f --., i'. . I 'APR 7 2006 I ~i II J IDEP~RTMENT OF DEVELOPMEN: MILLER LAND PLANNING CONSULTANTS, INC. B~ D.;0{LAN-- Bradley D. Miller, AICP President cc: James Seifert M:\M L P C\PROJECTS\Boynfon Beach Lofts\SP Extension M.Rumpf040406.wpd EXHIBIT "e" Conditions of Approval Project name: Boynton Lofts File number: SPTE 06-005 Reference: I DEPARTMENTS I INCLUDE I REJECT I 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: 1. The site plan time extension shall be subject to all previous Conditions of Approval. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S :\Planning\SHARED\ WP\PROJECTS\Boynton Lofts\SPTE\COA,doc