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