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REVIEW COMMENTS DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-034 FROM: Chair and Members Community Redevelopment Agency Board Michael Rumpf ~ Director of Planning and Zoning Gabriel Wuebben J 0 Planner II\., TO: THRU: DATE: April 6, 2006 PROJECT: Boynton Beach Lofts / SPTE 07-007 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 a second 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 07-034 BACKGROUND Mr. Bradley Miller, agent for Addison Properties of South Florida, Inc, is requesting a one (l)-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. An earlier site plan time extension was approved in April of 2006, as the applicant was unable to secure a permit by the expiration date of the original site plan approval. If this request for extensions were approved, the expiration date of this site plan, including concurrency certification would be extended to April 19, 2008. According to the original site plan staff report, Boynton Beach Lofts was approved for 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 4, 2007, approximately ten (10) days prior to the expiration of the site plan and height exception. According to the time extension application, Mr. Miller indicates that since the project's last site plan time extension, the developer has completed working drawings for the project, has worked toward the marketing and sales of future units, including marketing packages and the assembly of a sales staff, has completed a project dedicated website, has cared for onsite landscaping, and has secured county civil permits. To date, the developer has spent nearly $730,000 toward the project. However, the residential market's slow down in 2006 has limited the feasibility of continuing with the project at this time. Consequently, the developer is working with the CRA to modify the plan to make the project more economically feasible to build and sell. As such, they are requesting another 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, major alterations in the City's zoning regulations have occurred since the last Site Plan Time Extension was approved for this project. The Boynton Lofts project was originally approved concurrent with are-zoning to the MU-L (Mixed Use - Low) zoning district. Since then, following numerous public workshops and hearings, the MU-L zoning district has been replaced by a series of districts, ranging from MU-L 1 to MU-L 3. The original MU-L zoning district is intended to coincide with the new MU-L 3 zoning district in terms of Page 3 Memorandum No. PZ 07-034 maximum height and density. However, in accordance with the recommended locations for the new districts, the subject area is targeted for the MU-L 2 district, permitting building heights up to 65 feet and a maximum density of 30 units per acre along limited segments of areas #2 and #4 of the Federal Highway Corridor. The project is currently under staff review for a minor site plan modification which will lower the building height from its original 75 feet to approximately 62 feet. However, the project's density will remain unchanged at just under 40 units per acre. Project height will therefore become consistent with the vision for building height within this area, as set by the MU-L 2 district, whereas project density will exceed that of the proposed district and vision. Staff has identified a number of potential issues regarding this zoning discrepancy. While the project may be generally consistent with future zoning and development, it is inconsistent with at least two principle regulations of the recommended zoning (MU-L 2). The density, although consistent with the original MU-L zoning district, exceeds that of the MU-L 2 district by approximately twelve (12) units. Secondly, the project does not comply with the sky exposure plane regulations now in effect under the MU-L 2 zoning regulations. Staff acknowledges that these inconsistencies will not provide a significantly noticeable disruption in the aesthetic quality envisioned for the area, nor will it adversely affect the quality of life for adjacent properties. However, more relevant is the development of this property in the absence of the superseded MU-L district. Although the original zoning for the project has been replaced, the project can still be developed in accordance with the current valid development order. However, with the absolution of this zoning district in 2006, future changes to the approved plan or ultimate development, resulting from market changes or redevelopment created by building damage, could not be processed. Therefore staff recommends that if this request is approved, the zoning on this property, as well as on the other property similarly affected by the elimination of the MU-L district, be changed to MU-L2, consistent with the redevelopment vision. 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, 2008, and all conditions from the original approvals must still be satisfactorily addressed during the building permit process. Staff also recommends, if the subject request is approved, that the City initiate a rezoning of the subject property, from MU-L to MU-L 2, in order to preserve the current vision and direction for redevelopment. S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\SPTE 07-007\Boynton Beach Lofts SPTE Staff Report.doc Exhibit "A" - Boyn\ In Beach Lofts - 6~ S. Federal Hwy. Location Map Recreation (Pence Park) R2 f- Duplex I Residential 1-: ,CIJ' o oc C") UJ ,CIJ 125 62.5 0 I 125 250 375 N 5?~eet w+" s EXHIBIT "C" Conditions of Approval Project name: Boynton Beach Lofts File number: SPTE 07-007 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 Corrunents: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. The site plan time extension shall be subject to all previous Conditions of X Approval. Conditions of Approval 2 DEPARTMENTS INCLUDE REJE~ ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. Requirement for planting of palm trees along the rights-of-way in the X interim, prior to beginning of construction, to enhance the appearance of the vacant parcel. S:\Plann ing\SHARE D\ WP\PROJ ECTS\Boynton Lofts\SPTE 07 -007\COA.doc 5 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Community Redevelopment Agency Board of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING, on Tuesday, May 8,2007 at 6:30 p.m.. The City Commission will also hear the request on Tuesday, .June 5, 2007 at 6:30 p.m. or as soon thereafter as the agenda permits. Both meetings will be held in the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, to consider this request submitted by Mr. Bradley Miller, agent for Addison Properties of South Florida, Inc. The request is described as follows: lQCAT10N: 623 South Federal Highway REQUEST: 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. This request can be viewed between the hours of 8:00 a.m. and 5:30 p.m. at the City of Boynton Beach Planning and Zoning Division, 100 East Boynton Beach Boulevard. All interested parties are notified to aprear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Community Redevelopment Agency Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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