AGENDA DOCUMENTS
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Offic~ Meeting Dates in to City Clerk's Office
[ZI December 18, 2007 December 3, 2007 (Noon) D February 19, 2008 February 4, 2008 (Noon)
D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon)
D January IS, 2008 Decemher 31, 2007 (Noon) D March 18,2008 March 3, 2008 (Noon)
D February 5, 2008 January 14,2008 (Noon) D April 1, 2008 March 17,2008 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
[ZI Public Hearing D
RECOMMENDATION: Please place this tabled item on the December 18, 2007 City Commission Agenda under
Public Hearing. You will recall that this item was tabled by the City Commission on December 3, 2007, to allow the
applicant time to consider the current disrepair of the abutting sidewalks, and to prepare an appropriate plan of action for
Commission consideration. The Conununity Redevelopment Agency Board reviewed this item on November 14,2007, and
reconunended that the request be approved. For further details pertaining to this request, see attached Department
Memorandum No. 07-122.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
The Arches (SPTE 07-012)
William Bloom, Holland & Knight
Boynton Ventures I, LLC
Southwest comer of Ocean Avenue and Federal Highway
Request for a second one (1) year site plan time extension of a site plan (MSPM 05-008)
and height exception (HTEX 05-006) approved on September 6, 2005, from September 6,
2007 to September 6, 2008, for a mixed-use project consisting of 40,596 square feet of
retail space and 378 condominium units on 4.688 acres zoned Mixed Use High.
PROGRAM IMP ACT:
FISCAL IMP ACT:
AL TERNA TIVES:
City Manager's Signature
Assistant to City Manager
Planning and Zonin City Attorney / Finance
S:\Planning\SHARED\ WP\PROJECTS CHES @ BB\SPTE 07-0 12\Agenda Request Arches SPTE 07-012 12-l8-07,doc
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-122
FROM:
Chair and Members
Community Redeve~nt Agency Board
Michael RumPf~
Director of Planning and Zoning
Gabriel Wuebben (;1 ~
Planner '\
TO:
THRU:
DATE:
November 7, 2007
PROJEIT:
The Arches / SPTE 07-012
REQUEST:
Site Plan Time Extension
PROJECT DESCRIPTION
Property Owner: Boynton Ventures I, LLC
Applicant / Agent: William Bloom with Holland & Knight
Location: Southwest corner of Ocean Avenue and Federal Highway(Exhibit "A")
Existing Land Use/ Zoning: Mixed Use Core (MX-C) / Mixed Use High (MU-H)
Proposed Uses: Request site plan time extension approval for a mixed use project consisting of
40,596 square feet of retail space and 378 condominium units on 4.688 acres.
Acreage: 4.688 acres
Adjacent Uses:
North:
Right-of-way for Ocean Avenue and farther north are developed properties
zoned Central Business District (CBD);
South:
Right-of-way for Southeast 2nd Avenue and farther south is a developed
commercial plaza zoned Community Commercial (C-3);
East:
Right-of-way for Federal Highway and farther east is developed commercial
properties zoned CBD; and
West:
Right-of-way for Southeast 4th Street and still farther west is developed
commercial properties zoned CBD.
Page 2
Memorandum No. PZ 07-122
BACKGROUND
Mr. William Bloom, agent for Boynton Ventures I, LLC, is requesting that a second one (1) year time extension
be granted for the Arches Site Plan and Height Exception development orders (MSPM 05-008 and HTEX 05-
006), which were approved by the City Commission on September 6, 2005. These approvals are 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, including concurrency certification, would be
extended to September 6, 2008. According to the site plan staff report, The Arches was approved to construct
a total of 378 dwelling units and 40,596 square feet of retail space (combining retail, office, and restaurant
space). The height exception request was for certain rooftop elements that conceal mechanical equipment,
elevator shafts and stairwells at a height of 167 feet, or 17 feet above the maximum height threshold of 150
feet.
Originally, a similar mixed-use project was approved in 2003, and was subsequently awarded two (2) site
plan time extensions. In 2005, a Major Site Plan Modification application was approved as filed by new
owners of the property. This in effect resets the entire development clock and marks a departure point for
what is essentially a new approval procedure. As mentioned above, the project received a Site Plan Time
Extension in 2006. In this respect, this is the second site plan extension request for the revised project in
accordance with the City of Boynton Beach Code of Ordinances.
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 or previous time extensions.
In this case, the applicant has met that requirement. The Planning & Zoning Division received the extension
request September 5, 2007 - one (1) day prior to the expiration of the previous site plan time extension.
According to the request and justification, the developer has worked to address the difficulties of undertaking
a luxury condominium project in market conditions that have become increasingly unfavorable since the
previous site plan time extension was granted in 2006. The applicant has been working to realign the project
with current demand through numerous modifications. Most significantly, the applicant will ultimately
propose the conversion of the luxury condominiums to rental units. Additionally, the applicant .expects to
create six (6) additional units through project redesign, relocating the amenity deck within the project and
diminishing its size. The applicant has indicated a plan to remove the two-story retail component from the
northwest corner of the project, and include an improved loading area and additional landscaping in its place.
The applicant also plans to reconfigure various aesthetic details of the project so that project costs coincide
more with market demand. It should be noted that if the time extension is approved, any future changes to
the project must be determined as "major" or "minor", and reviewed according to the required process.
This is the first time staff has been presented with descriptions of the proposed changes to the project, and
staff recognizes that such alterations to the originally proposed project may ultimately require a major site
plan modification. At this time, however, it appears that the applicant is working toward project
commencement. Construction plans for the modified project have been put out to bid, and the applicant
believes that project redesign will commence in the coming months.
Page 3
Memorandum No. PZ 07-122
A more formal criterion for evaluating requests for time extensions is compliance with concurrency
requirements. This project's traffic study was sent to Pal m Beach County Traffic Division for their review and
approval. The Traffic Division determined that the proposed mixed-use project is located within the
designated Boynton Beach Traffic Concurrency Exception Area (TCEA), and therefore meets the Traffic
Performance Standards (TPS) of Palm Beach County. However, no building permits are to be issued by the
city after the build-out date of 2010. Since the applicant has what would appear to be adequate time
remaining on the applicant's traffic concurrency, nothing further in this regard is needed at this time. The
site plan time extension would still be subject to the original conditions of approval (site plan and height
exception. Lastly, no new land development regulations are now in place against which the project should be
reviewed and modified. As for application of the Art in Public Places Ordinance, site plan approval occurred
prior to the adoption of Ordinance 05-060.
RECOMMENDATION
Staff recommends approval of this request for a one (l)year time extension of the major site plan modification
(MSPM 05-008) and height exception (HTEX 05-006). If these requests for extension were approved, the
expiration date of both applications, including concurrency certification would be extended to September 6,
2008, and all conditions from the original approvals must still be satisfactorily addressed during the building
permit process.
S:\Plarining\SHARtD\WP\PROJECTS\ARCHE5 @ BB\SPTE 07-012\Arches SPTE: 07-012 Staff Report.doc
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Exhibit "A" · THE ARCHES
Location Map
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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 EngineerinQ Changes:
.
Eliminated 1 floor of the parking gara~e
o Amenity deck is now on the 51 floor rather than the 6th
o 6th floor residential is now identical to floors 7'h _15th
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 '0' retail (2-Story)
o Northwest corner of parking garage was redesigned to accommodate two
loading docks. (15( floor)
o Northwest side of plaza where building '0' used to sit will require a new
landscape layout.
.
Trellis and associated planters on the 15t floor have been eliminated from parking
garage fa9ade
. 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 5th 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.
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
P ARKS AND RECREA nON
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The time extension is subject to the original Conditions of Approval. X
500 Ocean (flea The Arches) SPTE 07-012
Conditions of Approval
P 2
age
DEP ARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHAREDlWP\PROJECTS\ARCHES @ BB\SPTE 07-0 12\COA.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to Citv Clerk's Office
D August 21 , 2007 August 6,2007 (Noon.) D October 16, 2007 October 1, 2007 (Noon
D September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15, 2007 (Noon)
D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon)
D October 2, 2007 September 17,2007 (Noon) ~ December 3, 2007 November 19, 2007 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfmished Business
~ Public Hearing D
RECOMMENDATION: Please place this request on the December 3, 2007 City Commission Agenda under
Public Hearing. The Community Redevelopment Agency Board on November 14, 2007, recommended that the request be
approved. For further details pertaining to this request, see attached Department Memorandum No. 07-122.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
The Arches (SPTE 07-012)
William Bloom, Holland & Knight
Boynton Ventures I, LLC
Southwest comer of Ocean A venue and Federal Highway
Request for a second one (1) year site plan time extension ofa site plan (MSPM 05-008)
and height exception (HTEX 05-006) approved on September 6, 2005, from September 6,
2007 to September 6, 2008, for a mixed-use project consisting of 40,596 square feet of
retail space and 378 condominium units on 4.688 acres zoned Mixed Use High.
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
Develop
City Manager's Signature
Planning and Zoni g irector City Attorney / Finance
S:\Planning\SHARED\WP\PROJEC \ARCHES @ BB\sPTE 07-012\Agenda ltem Request Arches SPTE 07-012 l2-3-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Assistant to City Manager