AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fornl Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
D August 21, 2007 August 6. 2007 (Noon.) D October 16, 2007 October 1, 2007 (Noon
[8J 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) 0 December 4, 2007 November 19, 2007 (Noon)
D AnnouncementslPresentations 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
rgJ Public Hearing D
RECOMMENDATION: Please place this request on the September 4, 2007 City Commission Agenda under
Public Hearing. The Community Redevelopment Agency Board on August 14, 2007, recommended that the request be
approved. Please note that following completion of the staff analysis and report, staff realized that this project is now subject
to the workforce housing ordinance as the ordinance was written to apply to projects classified as "Special High Density
Residential" and subject of a time extension request. The applicant has been informed of this requirement, and specific
obligations will include ensuring that 20% of the total number of proposed units will be workforce units. If such units are
provided on-site, 25% shall be set aside for low-income households, and the remaining 75% for moderate income households.
Further, if a minimum of 80% of the proposed units would be priced above $500,000, the workforce housing obligation can
be met by paying a fee-in-lieu. Payment per unit is dependent on the number of bedrooms as specified in the ordinance. For
further details pertaining to this request, see attached Department Memorandum No. 07-073.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Casa del Mar (SPTE 07-009)
Bonnie Miskel, Esq. of Siegel, Lipman, Dunay, Shepard, and Miskel LLP
Ocean Boulevard Properties, LLC
2632 North Federal Highway, east of U.S. 1, north of Dimick Road
Request for a one (1) year site plan time extension for the Cas a del Mar project,
consisting of 42 fee-simple townhouse units and 40 multi-family (condominium) dwelling
units on 4.11 acres zoned lnfill Planned Unit Development (IPUD).
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/ A
ALTERNATIVES: N/A
City Manager's Signature
Assistant to City Manager
Z
Planning and g Director City Attorney / Finance
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S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-073
Chair and Members
Community Redevelopment Agency Board
Michael Rumpf !J).1--
Director of Planning and Zoning. .
Kathleen Zeitler }~
Planner
August 7, 2007
Casa del Mar (SPTE 07-009)
Site Plan Time Extension
PROJECT DESCRIPTION
Property Owner:
Applicant I Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Uses:
Acreage:
Adjacent Uses:
North:
South:
Ocean Boulevard Properties, LLC
Bonnie L. Miskel, Esq., Siegal, Lipman, Dunay, Shepard, & Miskel, LLP
2632 North Federal Highway (see Location Map - Exhibit "AfT)
Special High Density Residential (SHDR - 20 du/ac)
Infjll Planned Unit Development (IPUD - 20 du/ac)
No change proposed
No change proposed
42 fee-simple townhouse units and 40 multi-family (condominium) dwelling
units (19.95 dwelling units/acre)
4.11 acres (179,130 square feet)
Property designated Special High Density Residential (SHDR) and zoned Infjll
Planned Unit Development (IPUD), approved for 30 townhomes and 40
condominiums at a density of 19.94 dwelling units per acre (under construction
Peninsula at Boynton Beach project);
Right-of-way for Dimick Road, and farther south at the intersection with Federal
Highway, a vacant parcel designated Local Retail Commercial (LRC) and zoned
Community Commercial (C-3), and several single-family residences on the south
side of Dimick Road that are designated Low Density Residential (LDR) and zoned
Single-Family Residential (R-1AA);
Page 2
Memorandum No. PZ 07-073
Casa del Mar SPTE 07-009
East: The Intracoastal Waterway (ICWW) to the northeast, and to the southeast right-
of-way for Lake Drive, and sing Ie-family residences on the east side of Lake Drive
that are designated Low Density Residential (LDR) and zoned Single-Family
Residential (R-1AA); and,
West: Right-of-way for Federal Highway, and FEC Railroad, then farther west across
Federal Highway, the Crossings PUD designated High Density Residential (HDR)
and zoned Planned Unit Development (PUD).
BACKGROUND
Ms. Bonnie Miskel, Esq., agent for Ocean Boulevard Properties, LLC (property owner) is requesting a one
(1)-year site plan time extension for the Casa del Mar Site Plan Development Order (NWSP 06-015),
which was approved by the City Commission on July 18, 2006. The site plan approval is valid for one (1)
year from the date of approval. If this request for a one (l)-year time extension were approved, the
expiration date of this site plan, including concurrency certification would be extended to July 18, 2008.
(At the time of site plan approval in July, 2006 the regulations allowed a total of one (1) year to secure a
building permit; however, the regulations have since been revised to allow a total of 18-months to
secure a building permit).
The subject property is located within the Federal Highway Corridor Community Redevelopment Plan
Study Area I. According to the original site plan staff report, the proposed Casa del Mar project is an
Infill Planned Unit Development approved for 42 fee-simple townhouse dwelling units and 40 multi-
family (condominium) dwelling units. The project has been approved for the following: a Land Use
amendment (LUAR 06-018) from Local Retail Commercial (LRC), High Density Residential (HDR), and
Low Density Residential (LDR) to the Special High Density Residential (SHDR - 20 dujac) classification; a
Rezoning (LUAR 06-018) from Community Commercial (C-3), Multi-Family Residential (R-3), and Single-
Family Residential (R-1AA) to Infill Planned Unit Development (IPUD) zoning district; a new Site Plan
(NWSP 06-015); and a Height Exception (HTEX 06-007).
The 82 units are proposed in one (1) phase on the 4. 11-acre site (see Site Plan - Exhibit "B"). The 42
townhouse units are proposed within 11 separate buildings consisting of three (3) to four (4) units each.
According to the floor plans, all proposed townhouse buildings are three (3) stories, and each unit
includes three (3) bedrooms, three and one-half (3.5) bathrooms, and a two-car garage. The floor plans
propose several townhouse models ranging from 2,758 square feet to 2,984 square feet. A four-story,
40 unit condominium building with an under-story parking garage is proposed on the east portion of the
subject property. Each floor would have a total of ten (10) condo units, and each unit would consist of
two (2) bedrooms, two (2) baths, plus a den. The recreation area would be located at the eastern
portion of the development overlooking the Intracoastal Waterway. It would include a swimming pool
and a 1,348 square foot clubhouse building with restrooms, a kitchen, multi-use space, and lanai for the
use of the residents and their guests.
The design of the proposed townhouse buildings and clubhouse will resemble Spanish style architecture
with slate roof tiles, wooden outlookers, balconies, trellises, and arched doorways and windows. The
condo building will resemble a mixture between a Spanish-Mediterranean style and a modern design,
with many of the same features. The exterior walls of the buildings would consist of the following
colors: peach, cream, yellow, and white.
Page 3
Memorandum No. PZ 07-073
Casa del Mar SPTE 07-009
The adjacent property to the north (Peninsula at Boynton Beach) has been similarly rezoned to IPUD and
approved for a total of 30 town homes and 40 condominiums. Both projects require a perimeter
landscape buffer along their common property line which includes the requirement for a six (6) foot
masonry wall within each buffer. The Casa del Mar project was approved with a condition of approval
which states as follows: "Staff recommends working with your neighbor to the north (Peninsula) to
utilize their perimeter wall rather than building one immediately adjacent to it". These forthcoming
adjacent IPUD's will provide an opportunity for redevelopment in a highly visible entrance corridor to the
City.
ANALYSIS
At the time of site plan approval for the Casa del Mar project, the Land Development Regulations stated
that the applicant shall have one (1) year to secure a building permit from the Development
Department. This site plan expiration provision has since been revised to allow a total of lS-months to
secure a building permit. 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 site plan time extensions up to one (1) year, 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 application for a site plan time extension on
July 12, 2007, a total of six (6) days prior to the expiration date of the new site plan (see Exhibit "C'').
According to the justification submitted for the requested time extension, the applicant lists the following
accomplishments as demonstrating their "good faith" efforts in securing a building permit for the project:
(1) purchase of the property in January, 2007; (2) obtained a Statewide Programmatic General Permit
(SPGP); (3) filed a joint application with the South Florida Water Management District (SFWMD) for a
State Environmental Resource Permit (ERP) to allow dredging and filling within the Intracoastal
Waterway; (4) filed an amendment to the ERP to include docks; and, (5) responded to SFWMD's request
for additional information in March, 2007. The applicant explains that the state review process is lengthy
and obtaining permits for this location requires the review of several state agencies. The applicant
further explains that an application for a building permit will be submitted after obtaining all the
necessary state permits.
A more formal criterion for evaluating requests for time extensions is compliance with (traffic)
concurrency requirements. The Palm Beach County Traffic Division approved the traffic study for the
Casa del Mar project based on a total of 82 proposed residential units. Based on the Traffic Division's
review, it has been determined that the project is located within the Coastal Residential Exception Area
of Palm Beach County which exempts residential units from traffic concurrency requirements, and the
project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be
issued after the build-out date of 2008.
The site plan time extension is still subject to the original 74 conditions of site plan approval. 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 (05-060), this project is not exempt, as
the new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5,
2005. Therefore, the project must comply with Ordinance 05-060 as stated in the original conditions of
Page 4
Memorandum No. PZ 07-073
Casa del Mar SPTE 07-009
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for a one (1)-year time extension of the site plan (NWSP 06-
015) for the Casa del Mar project. If this request for extension were approved, the expiration of this site
plan, including concurrency certification, would be extended to July 18, 2008. Staff is generally in favor of
the redevelopment efforts represented by the approved site plan, which serves to promote the goals of
the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment
Plan toward greater residential uses in this area and economic revitalization. The proposed Casa del Mar
project will provide an opportunity for redevelopment in a highly visible entrance corridor to the City,
increase the value of adjacent and nearby properties, and contribute to the overall economic development
of the City. If this request for site plan time extension is approved, all outstanding conditions of approval
from the original site plan must still be satisfactorily addressed during the building permit process. Any
additional conditions recommended by the Board or City Commission shall be documented accordingly in
the Conditions of Approval (see Exhibit "D'').
S:\Planning\SHARED\WP\PROJECfS\Casa del Mar\SPTE 07-009\Staff Report.doc
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SIEGEL. LIPMAN. DUNAY, SHEPARD f,' MISKEL. LLP
EXHIBIT "e
GARY S. DUNAY
KENNETH W. LIPMAN
BONNIE MISKEL
JONATHAN L. SHEPARD
CARL E. SIEGEL
THE PLAZA . SUITE 80 I
5355 TOWN CENTER ROAD
BOCA RATON. FLORIDA 33486
(561) 366-7700
FAX: (561l 366-9274
WWW.SLDSMLAW.COM
LINDA B. LYMAN
I ~....R"~
July 5, 2007
;; :..' r-
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I U~; [ JUL I 2 2D07
i 1____._.______ i
_~1lli:i;:; iJ[D15"-~~~
Mike Rumpf, Director
Planning & Zoning
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida, 33425-0310
RE: Time extension for Cas a Del Mar ("Project")
Dear Mr. Rumpf:
The purpose of this letter is to request a time extension for the approved Cas a Del Mar
project (NWSP # 06-015) located on North Federal Highway. This project was approved
for the development of 82 condominium units on a 4.11 acre parcel in the Intill Planned
Unit Development (IPUD) zoning district. This project was originally approved on July 18,
2006 and will expire on July 18, 2007. We respectfully request an extension of one year
to July 18, 2008. A timeline for the steps taken thus far to receive appropriate approvals
prior to filing for a building permit with the City is as follows:
· Filed a Request for Exemption and Statewide Programmatic General Permit
(SPGP) on June 9, 2006.
· Received SPGP on July 7, 2006.
· Filed with the South Florida Water Management District (SFWMD) a Joint
Application for Environmental Resource Permit I Authorization to use State
owned submerged lands I Federal dredge and fill permit with the Florida
Department of Environmental Protection I Water Management Districts I U.S.
Army Corps of Engineers (ERP) on November 15, 2006.
· Filed an amendment to above ERP to include docks on December 13, 2006.
· First Request for Additional Information (RAI) from SFWMD dated December
13, 2006.
· Supplemental RAI from SFWMD January 12, 2007.
· After meeting with SFWMD filed response to RAI on March 5, 2007.
· Second RAI from SFWMD on April 6, 2007.
Since the last RAI, the applicant has had several discussions and two site visits with
SFWMD and are in process of scheduling a 3rd site visit with SFWMD before making a
formal response. Please see attached documentation verifying above information.
Additionally, it should be noted that the current property owner took title of the property
in January 4, 2007. Unfortunately, the state review process is lengthy and obtaining
permits requires the review of several state agencies. It is the applicant's intent to file for
building permit and develop the Project once the above mentioned permits have been
awarded. The applicant believes that the above demonstrates that a good faith effort to
advance the project has been made.
Again, we respectfully request favorable consideration of this request. If you have any
questions or concerns regarding this letter, please do not hesitate to contact me at (561)
237-1537.
Sincerely,
f3>>r;J ~kd
Bonnie L. Miskel, Esq.
Siegel, Lipman, Dunay,
Shepard, & Miskel, LLP
SIEGEL. L ?MAN, DUNAY. SHEPAR.D _ MISKEL. LLP
GARY S. DUNAY
KENNETH W. LIPMAN
BONNIE MISKEL
JONATHAN L. SHEPARD
CARL E. SIEGEL
THE PLAZA. SUITE 80 I
5355 TOWN CENTER ROAD
BOCA RATON. FLORIDA 33486
(561) 368-7700
FAX: (561) 366-9274
WWW.SLDSMLAW.COM
LINDA B. LYMAN
July 23, 2007
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,', oevElOPMtN' \
OEPAtmAEttf OF
Kathleen Zeitler
Planning & Zoning
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida, 33425-0310
RE: Additional information regarding time extension request for Casa Del Mar ("Project")
Dear Ms. Zeitler:
As per your request for additional information relating to the time extension request for
the Casa Del Mar project. You had requested additional information related to
verification of any fees paid (utility reservation fees, etc.), copies of construction
drawings ready for submittal, anticipated approval dates for state permits, and
anticipated dates for initial submittal of building permits. Unfortunately, the applicant has
not paid any fees or finalized the construction drawings for the project as -they are
waiting to finalize the marina permitting. The marina will be.a major component of how
the project will be marketed to potential buyers of the residential units. The applicant
feels that the marina, and boating lifestyle that go with that, is the site's unique feature
and the applicant does not want to advertise for a boating community with docks prior to
receiving approval and permits for the Project. The applicant expects to receive the
permit from the South Florida Water Management District sometime this fall and intends
on submitting for construction and building permits approximately 4 to 6 months
afterwards.
If you have any questions or concerns regarding this letter, please do not hesitate to
contact me at (561) 506-9008.
Sincerely,
L~d~
Siegel, Lipman, Dunay,
Shepard, & Miskel, LLP
EXHIBIT "D"
Conditions of Approval
Project name: Casa del Mar
File number: SPTE 07-009
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
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
Comments: 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 REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT
AGENCY BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
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