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
www.boynton-beach.org
April 25, 2007
Mr. Bradley Miller, AICP
Miller Land Planning Consultants, Inc.
420 W. Boynton Beach Blvd. - Ste. 201
Boynton Beach, FL 33425
RE:
File No.:
Location:
Ocean Breese West
SPTE 07-002
Southwest comer of Northwest Sth Ave. and Seacrest Blvd., approximately
1/3 mile north of Boynton Beach Blvd.
Dear Mr. Miller:
Enclosed is the Development Order granted by the City Commission on April 3, 2007 for a one-year site plan time extension.
This approval extends the site plan approval granted on January 3,2006, from January 3,2007 to January 3, 200S. 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) 742-6260.
Swcerrl~,----;
~L-
Michael W. Rumpf
Director of Planning & Zoning
Ene.: Development Order
S:\Planning\SHARED\WP\PROJECTS\Oeean Breeze West\SPTE 07-002\Approval Letter.doe
"
DEVELOPMFNT ORDER OF THE CITY COr\,iJMI~C;ION OF THE
;Y OF BOYNTON BEACH, F~ORI_ A
'!)evelopment
~
Blinding
Engineering
Oc'c. License
Deputy City Clerk
PROJECT NAME:
Ocean Breeze West
APPLICANT'S AGENT: Mr. Bradley Miller, AICP / Miller Landj">.lanning Consultants, Inc.
APPLICANT'S ADDRESS: 114 North Federal Highway, #202 Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 3, 2007
TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension from January 3, 2007
until January 3, 2008, for 37 proposed townhouses on a 3.44 acre
parcel in the R-3 zoning district.
LOCATION OF PROPERTY: Southwest corner of Northwest 8th Avenue and Sea crest Boulevard,
located approximately 1 ,700 feet north of Boynton Beach Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X TH I S 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 Applicant
~HAS
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:
t/ -~C.~- 07
/+~~r
J :\SHRDA T A\Planning\SHARED\WP\FORMS\Blanks forms folder\Develop.Order Form-2001-Revised.doc
EXHIBIT "e"
Conditions of Approval
Project name: Ocean Breeze West
File number: SPTE 07-002
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
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
Conditions of Approval
Ocean Breeze West
SPTE 07-002
P 2
age
I DEPARTMENTS I INCLUDE I REJECT I
1. The site plan time extension shall be subject to all previous Conditions of X
Approval.
ADDITIONAL COMMUNITY REDEVELOPMENT
AGENCY BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. ~,
S :\Planning\SHARED\ WP\PROJECTS\Oeean Breeze West\SPTE\COA.doc
Exhibr1: "A" - Ocean Bre~e West
Location Map
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EXHIBIT "8
MILLER
LAND
PLANNING
CONSULTANTS, INC.
298 PINEAPPLE GROVE WAY
DELRA y BEACH, FLORIDA 33444
PHONE. 561/272-0082
FAX . 561/272-1042
EMAIL/WEB.mlpc@mlpcinc.com
www.miller1andplanning.com
December 7, 2006
Ed Breese
CITY OF BOYNTON BEACH
PLANNING AND ZONING DEPT.
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
i..t DEe 7
; UL,' 2006
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RE: Ocean Breeze West - TIme Extension
Dear Ed:
Please consider this request for a time extension of one year on Ocean Breeze West. This
project was approved by the City Commission on January 3, 2006. Since then we have applied
and received some land development permits. The CRA wanted to redesign or buy this project
so the remaining permits were put on hold. All of this along with the owner, Larry Rnkelstein's
almost fatal accident at the end of March have caused this project to be delayed.
I have attached a chronology of what has transpired since being approved along with a
check made payable to the City of Boynton Beach for $500 and request that this time
extension be granted.
Thanks for your cooperation.
Sincerely,
clER LAND PLANN NG CONSULTANTS, INC.
Christi Tuttle
cc: Larry Finkelstein
M:\M L P C\PROJECTS\Ocean Breeze Wesl\E. Breese lime extension 120706.wpd
CHRONOLOGY FOR OCEAN BREEZE WEST
3/05 Meetings with the Mayor, CRA Director, City Manager and Development Director
to inform them that I am looking to buy the old Boynton Terrace property and will need
their help in order to build an affordable for sale project for that community.
3/05 - 9/05 multiple meetings with City and CRA staff
9-05 bought property
12-05 Phase I site plan, DIP A and lien waiver approved
12-05 City places lien on property
1-06 Phase I site plan approved by commission
2-06 DIFA and Lien Waiver signed
2-06 Bank loan negotiations begin
2-06 Soft bidding begins
2-06 Letter to CRA, project numbers don't work; need assistance to do the project the
CRA wanted.
3-31-06 near fatal accident, in hospital for 2 months, then wheelchair, now in physical
therapy, walking again and back at office two days a week
4-20-06 Bank Term Sheet signed
5-05 Land Development construction plans final and submitted to City and various
agencIes.
5-05 Land development Permits applied for
6-13-06 Bank Commitment Letter signed
6-06 - Land development final construction docs started
7 -06 - Land development final construction plans finalized and permit applications
started
7/8-06 - Some land development permits received
8-06 - Remaining permits for land development needed responses. Responses halted as
negotiations continued with CRA to redesign the project or sell the land to the CRA
9-12-06 received copy of agenda item that was voted on.
9-14-06 met with Vivian & Robert to discuss the Agenda jtem.
9-18-06 sent the CRA an outline based on their offer and clarifying details
9-26-06 Spoke to Lisa Bright, requested a revised contract based on the revised DIF A
terms to review before the meeting as agreed. Lisa Bright wanted to wait until she spoke
to all Board members as it seems the purchase is the preferred option.
9-29-06 "All roads are leading to purchase" lb (Lisa Bright) - so we must assume that no
revised DIFA or Developer's Agreement will be forthcoming
1 0-15-06 Lisa Bright says appraisal not high enough
10-25-06 CRA meeting - decided to go out for review appraisal, but no real timeline set.
10-06 Lisa Bright calls and says the review appraisal will not be done in time for the
November meeting and therefore it will not be on the agenda, so I should move on with
any plans I may have.
11-06 Since no offer to purchase the property was ever received and there has been no
further communications of any substance since the October meeting, the Developer must
move forward as the carrying costs during this wait for the CRA decision have been
significant.