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REVIEW COMMENTS 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 tJ).~ Director of Planning and Zoning, . Kathleen Zeitler }0 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 "A'') Special High Density Residential (SHDR - 20 du/ac) Infill 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 Infill Planned Unit Development (IPUD), approved for 30 town homes 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 single-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 (l)-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 1. 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 townhomes 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 18-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 site plan approval. 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 (l)-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 ....'<4~J Exhibit "A" - Site Location Map Casa del Mar 125 62.5 0 125 250 375 500 ~-_ I Feet N ..' 5 r ... - !~ !; m ~ '" - -l m - '" - -l m "'V ,... > z ~ 1IIII111 1""11' ~:~.~~.I SIISII'I~ IIIIIII~ IIII"'~ .~~~.~I~ "11111 11Ii1111! II i 1I!l1I/! II/Iii I' IIIIIIII i 111111111~llli II Iii! 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II ~ U _ ~ t i ~.. I il' -~-l m .ill "D1t1 I! J.. nr 'I~ I: IP ~ < ~ ~ I a '- D "'-"IJ:~.J ~ ~ .:-;- F:4 ~ 1/ ~~!!: in ~. If ~jll~-" t ::F .lllll~ ~! lIt.' III i i- ~'- II .b;. - h. IHI tl I::h. ~ .. TJ~f lii d j.l:t. ~ ~ =. I !~ . =r ~ 4iH' I .. ~ - I :1 ~ ~ :\ I I I ~J, i __ __~ r-- Iffl~ II! III ~ LAKE DRll'E ..-/ (40' RlGHT-oF-IfAY) - M ~ ~ 9 !~: ~L 11!li IIIIII ~1Il1!l1' 1111111'.; J~ll c "'~"""""""IlMI'IT.~M::WIOO."""'~""MlIlnI--'" ____Of,........... N.-..OlI..----..~...~IMIM't~"""ftOnI..wmtoVrTM. -unwutftHClJMHHT.......,..AlCllCftCft.JMC. L ~ II! . i'~ o " I II I IIIIIII!!I' Iii lr,11 'I CASA DEL MAR IOYNTON lEACH. Fl ~ IANCORE NURSERY I BOYNTON BEACH. FL ...J SIEGEL. L! 1AN. DUNAY. SHEPAR.D & 1ISKEL. 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) 368-7700 FAX: (561) 368-9274 WWW.SLDSMLAW.COM LINDA B. LYMAN July 5, 2007 Mike Rumpf, Director Planning & Zoning City of Boynton Beach P.O. Box 310 Boynton Beach, Florida, 33425-0310 . . . JUL I 2 inr!? f-' ,-> I l._~=~~I~~~~~.-':-\' -- -....~-_._- RE: Time extension for Casa Del Mar ("Project") Dear Mr. Rumpf: The purpose of this letter is to request a time extension for the approved Casa 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 Infill 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 / 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. &:::d?ik kd Bonnie L. Miskel, Esq. Siegel, Lipman, Dunay, Shepard, & Miskel, LLP SIEGEL, LleMAN. DUNAY. SHEPARD &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) 368-9274 WWW.SLDSMLAW.COM LINDA B. LYMAN July 23, 2007 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: DEPARTMENTS INCLUDE REJECT 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/ENVIRONMENTALIST 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: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\SPTE\COA.doc 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, August 14m 2007 at 6:30 p.m. The City Commission will also hear the request on September 4, 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 Bonnie Miskel, Esq. agent for Ocean Boulevard Properties, LLC. The request is described as follows: LOCATION: 2632 North Federal Highway (east of U.S. 1, north of Dimick Road). REQUEST: Request for one (1) year site plan time extension for Casa del Mar, a proposed development of 42 fee-simple townhouse units and 40 mulit-family (condominium) dwelling units on 4.11 acres in the Infill Planned Unit Development (IPUD) zoning district. 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 appear 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. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Patricia Tucker (561) 742-6268, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. S 1 E eEL, L 1-r-rM AN. DUN A y, SHE PAR. D &'"1\;11 S K E L. L L P 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) 368-9274 WWW.SLDSMLAW.COM LINDA B. LYMAN JUly 23, 2007 Wl~ l~~-' L l l)(\IElDP~'N11 C)EPARmEttf 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 JUL-23-07 12:20PM FROM- +561368927,1 T-659 P.001/OOl F-492 SIEGEL, LIPMAN, DUNAY. SHEPAR.D & M ISKEL. LLP GARY ~. DUNAY KENNETH 'N. LIPMAN BONNIE MISKEL ..JONATHAN L. SHEPARO CARL E. SIEGEL THE: PLAZA' SUITE: eo I 5355 TOWN CE:NTER ROAD BOCA RATOI'l, FLORIDA 33466 t56 J) 368-7700 FAX: '561) ~6e-g274 WWW.SLDSMLAW.COM LINDA e. LYMAN July 23, 2007 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 ("Projecn Dear Ms. Zeitler: As per your request for additional information relating to tha 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 dat~s 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 appliGant expects to receive the pennit from the South Florida Water Management District sClmetime this fall and intends on submitting for construction and building permits ap~roximately 4 to 6 months afterwards. If you have any questions or concerns regarding this lette-, please do not hesitate to contact me at (561) 506-9008. Sincerely, b~d~ Siegel, Lipman, Dunay, Shepard, & Miskel, LLP