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LEGAL APPROVAL The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 ~.boynton-beach.org February 3, 2008 Mr. William Bloom Holland & Knight 222 Lakeview Avenue - Ste 800 West Palm Beach, Florida 33401 RE: File No.: Location: 500 Ocean (fka The Arches) SPTE 07-012 Southwest comer of Ocean Avenue and Federal Highway Dear Mr. Bloom: Enclosed is the Development Order granted by the City Commission on December 18, 2007 for a second one-year site plan time extension. This approval extends the site plan approval granted on September 6,2005, from September 6,2007 to September 6, 2008. In order to maintain vested status, a building permit must be secured or an extension granted within this extension period. To continue this project through the development process, please revise relevant pages of your approved site plan to incorporate all conditions of approval as applicable. A copy of this new Development Order, including these conditions, must accompany the submission of the fully amended site plan set, as well as the original Development Order and associated conditions. The person managing your permit applications should be made aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with your permit package. The Building Division is committed to speedy and efficient completion of the building permit process for your project. However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary documentation is not attached and/or the plans are not amended to reflect all of the approval conditions, the plans will be returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any TART member for additional clarification of comments. Important: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval, please contact our staff for a review before submitting a permit package to the Building Division. A copy of the complete Development Order and Amended Site Plans reflecting the "Conditions of Approval" must be submitted to the Building Department along with the first permit request to avoid any delays in the processing of your permit. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6269. ~~11ee;eIrL ~~'~:RumPf Director of Planning & Zoning Enc. DO w/COA S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\SPTE 07-012\Approval Letter.doc ....; DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development paz Building . Engineering Occ. License Deputy City Clerk PROJECT NAME: 500 Ocean (fka The Arches) APPLICANT: Boynton Ventures I, LLC JltN 2008 APPLICANT'S AGENT: William Bloom with Holland & Knight AGENT'S ADDRESS: 222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 18, 2007 TYPE OF RELIEF SOUGHT: Request a one (1) year time extension of the major site plan modification (MSPM 05-008) and height exception (HTEX 05-006) to September 6, 2008 lOCATION OF PROPERTY: Southwest corner of the intersection of Federal Highway and East Ocean Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. x THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's land Development Regulations. 2. The Appligmt LHAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby /' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: la-.:J.I-07 'tn.A. S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\SPTE 07-012\DO.doc EXHIBIT "C" Conditions of Approval Project name: 500 Ocean (fka The Arches) File number: SPTE 07-012 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 I PARKS AND RECREATION ; Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. The time extension is subject to the original Conditions of Approval. X ~ ""-'" 500 Ocean (fka The Arches) SPTE 07-012 Conditions of Approval P 2 age DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\ARCHES@ BB\SPTE 07-012\COA.doc Exnibit "A" · THE AFtC:HES Location Map 110 55 0 110 220 330 440 I Feet ~~- N w+, s EXHIBIT B November 6, 2007 The Arches Time Extension Additional Justification The following statement provides additional justification to the City to support the applicants need for a time extension for the project known as the "The Arches" located at 500 Ocean Avenue. The current market conditions are a major factor in the stalling of the project. The applicant has been working on creative solutions to this problem in order to make the project move forward and begin beginning construction. After some analysis of current market conditions, the applicant is moving forward with a luxury rental project instead of the previously proposed condominium units. There is a need for upscale rental units within the City of Boynton Beach. With the potential conversion to rental come minor mechanical, electrical, and plumbing modifications. The applicant has currently put the construction plans out to bid for these modifications and intends on beginning this modification process within the next several months. Below details the list of proposed construction changes that the applicant is proposing: Architectural Value EnQineerinq ChanQes: . Eliminated 1 floor of the parking gara~e o Amenity deck is now on the 51 floor rather than the 61h o 61h floor residential is now identical to floors ih _151h o Exercise room and Party room are now located on 5th floor. o Unit number will change from 356 to 362, addition of 6 units . Reduce size of Amenity deck o Stair C-3 has been eliminated o 'Storage room' to replace stair C-3 on roof deck to maintain symmetry o Maximum occupancy for smaller roof deck: 625 occupants o Maximum occupied area for smaller roof deck: 19,000 square feet . Eliminated building 'D' retail (2-Story) o Northwest corner of parking garage was redesigned to accommodate two loading docks. (151 floor) o Northwest side of plaza where building '0' used to sit will require a new landscape layout. . Trellis and associated planters on the 1 sl floor have been eliminated from parking garage fac;ade · Glass canopy has been removed from first floor at northeast and southeast corners of retail · Eliminated high ceiling and curtain wall system in corner units on 5th and 15th floor. o Roof slabs at both 51h and 15th floor are continuous all the way to corners. o Slab still projects 2'-0" past parapet at corners o Glass balcony guardrail sitting on concrete curb at corners where curtain wall used to be. Structural VE ChanQes: Change foundation system from augercast piles to vibroflotation. The applicant feels that progress continues to be made in order to keep the proposed project moving forward in a market that is currently unfavorable towards residential development. The applicant respectfully requests the approval of the requested time extension.