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AGENDA DOCUMENTS 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 Office Meeting Dates in to City Clerk's Office D December 5, 2006 November 20,2006 (Noon.) D February 13, 2007 February 5, 2007 (Noon) D January 2, 2007 December 18, 2006 (Noon) D March 5, 2007 February 20, 2007 (Noon) D January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon) D February 6, 2007 January 16, 2007 (Noon) l:8J April 3, 2007 March 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 UnfInished Business l:8J Public Hearing D RECOMMENDATION: Please place this request on the April 3, 2006 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board on March 13, 2007, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 07-017. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Ocean Breeze West (SPTE 07-002) Bradley Miller, Miller Land Planning Consultants, Inc. Larry Finkelstein, Affordable Housing, LLC Southwest comer of Northwest 8th Avenue and Seacrest Boulevard, located approximately one-third (1/3) mile north of Boynton Beach Boulevard. Request for a one (1) year site plan time extension for Ocean Breeze West (NWSP 05-030) approved on January 3, 2006, from January 3, 2007 to January 3, 2008. PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES. De City Manager's Signature Assistant to City Manager /' ~ 11. L.J 'Planning a a Zoning Director City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze West\SPTE 07-002\Agenda Item Request Ocean Breeze West SPTE 07-002 4-3-07.doe S \BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-017 Chair and Members Community Redevelopment Agency Board ~~ Michael Rumpf Director of Planning and Zoning Kathleen Zeitler tz-- Planner ' March 5, 2007 Ocean Breeze West (SPTE 07-002) Site Plan Time Extension Property Owner: Applicant I Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: PROJECT DESCRIPTION Mr. Larry Finkelstein, Affordable Housing, LLC Mr. Bradley Miller, Miller Land Planning Consultants, Inc. Southwest corner of Northwest 8th Avenue and Sea crest Boulevard, located approximately one-third (1/3) mile north of Boynton Beach Boulevard (see Location Map - Exhibit "A'') High Density Residential (HDR) Multi-Family Residential (R-3) No change proposed No change proposed Townhouses 3.44 acres Immediately north of the subject property is right-of-way for Northwest 8th Avenue, and then farther north is a developed lot (church) classified Low Density Residential (LDR) land use and zoned Single-family Residential (R-1-A), farther northeast is a developed residential lot classified High Density Residential (HDR) land use and zoned Multi-family Residential (R-3). Directly to the northwest of the subject property are partially developed residential lots classified Low Density Residential (LDR) land use and zoned Single-family Residential (R-1-A); Page 2 Ocean Breeze West SPTE 07-002 South: Developed lots classified Low Density Residential (LDR) land use and zoned Single- family Residential (R-1-A); East: Right-of-way for Sea crest Boulevard, then farther east are vacant lots classified Medium Density Residential (MDR) land use and zoned Duplex Residential (R-2). Immediately to the southeast are vacant lots classified Local Retail Commercial (LRC) land use and zoned Neighborhood Commercial (C-2); and West: Right-of-way for Northwest 1st Street, then farther west are developed lots classified Low Density Residential (LDR) land use and zoned Single-family Residential (R-1-A). BACKGROUND Mr. Bradley Miller, AICP with Miller Land Planning Consultants, Inc. as Agent for the property owner is requesting a one (i)-year site plan time extension for the Ocean Breeze West New Site Plan Development Order (NWSP 05-030), which was approved by the City Commission on January 3, 2006. The site plan approval is valid for one (1) year from the date of approval. If this request for a one (i)-year time extension were approved, the expiration date of this site plan, including concurrency certification, would be extended to January 3, 2008. The subject property consists of 3.44 acres zoned Multi-Family Residential (R-3), located within the boundaries of the Heart of Boynton Redevelopment Plan. The property was previously the western section of the former Boynton Terrace apartment project, which has since been razed. According to the staff report for the approved new site plan (NWSP 05-030), the proposed Ocean Breeze West is a redevelopment project approved for a total of 37 fee-simple townhomes, recreation amenities, and related site improvements. The 37 dwelling units (at a density of 10.8 dwelling units per acre) are proposed as three (3)-bedroom units planned within eight (8) separate buildings on the 3.44-acre site. Each building would contain either four (4) or five (5) dwelling units. The approved site plan proposes one (1) model type, which would be two (2) stories tall and 1,399 square feet "under air conditioning". The proposed buildings would contain some elements reminiscent of Key West style of architecture. This contemporary townhouse design would have standing seam metal roofs, decorative shutters and garage doors, and simulated wood siding. 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 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 time extension on December 7, 2006, approximately one (1) month prior to the expiration date of the site plan. According to the justification submitted for the requested time extension (see Exhibit "B"), the applicant explains that (1) they have applied for and received some land development permits, and (2) the remaining permits were put on hold during meetings with the CRA which wanted to redesign or buy the project. In addition, the justification explains that the property owner was also delayed for months due to a near fatal accident. The justification also includes a chronology for Ocean Breeze West which details the "good faith" efforts in moving forward with the project. Page 3 Ocean Breeze West SPTE 07-002 A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. On December 12, 2005 the Palm Beach County Traffic Division approved the traffic study for this project and included a restriction that no building permits are to be issued for the project after the build- out year of 2008. The site plan time extension is still subject to the original 30 conditions of the new 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 remains exempt, as the new site plan request was filed and under review prior to adoption of Ordinance 05-060 on October 5, 2005. SUMMARY I RECOMMENDATION Staff recommends approval of this request for a one (l)-year time extension of the Ocean Breeze West site plan (NWSP 05-030). If this request for extension were approved, the expiration of this site plan would be extended to January 3, 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 Heart of Boynton Redevelopment Plan for this area and provide economic revitalization. The proposed Ocean Breeze West project will provide an opportunity for redevelopment in a highly visible corridor in 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 new site plan approval 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 "Cfj. S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze West\SPTE 07-002\Staff Report.doc .. Exhibit --A" - Ocean Breeze West Location Map [:::::>- o <CJ R 1A ISl~~fTIiIY Restd.ential 8TH R1A--~Single Famil~ R~sidential C::::> <CJ ~ ~ o ^ 120 60 0 r"'i-,-_ 120 240 360 480 I Feet N W+E 5 EXHIBIT "B 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.millertandplanning.com December 7, 2006 .-....-.. - I Ed Breese CITY OF BOYNTON BEACH PLANNING AND ZONING DEPT. 1 00 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 f ; '"J L . ' DEe 7 2006 . i ';, ~, """,,'0 ,',NO j C ' 7-Q!i!.t&Qf P1 . J RE: Ocean Breeze West - nme 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, Lany 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 Rnkelstein 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 eRA staff 9-05 bought property 12-05 Phase I site plan, DIFA 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 DIFA 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 DIP A 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. 1 0-06 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 si gnifi cant. 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 DEP ARTMENTS 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 NOTICE OF PUBLIC HEARING Miller Land Planning Consultants, Inc. agent for Boynton Associates, L TD applicant/owner, has requested the following parcel to be considered for Site Plan Time Extension approval. LOCATION: 801 N. Seacrest Boulevard LEGAL DESCRIPTION: A portion of Block C of the Plat of Boynton Hills, Boynton Beach, Palm Beach County, Florida, according to the plat hereof as recorded in Plat Book 4, Page 51 of the public records of Palm Beach County, Florida. PROPOSED USE: Site plan approval for 37 fee-simple town home units on a 3.44 acre parcel in an R-3 zoning district PUBLIC HEARINGS TO CONSIDER THIS REQUEST ARE SCHEDULED BEFORE THE COMMUNITY REDEVELOPMENT AGENCY BOARD ON TUESDAY, MARCH 13, 2007 AT 6:30 PM. AND THE CITY COMMISSION ON TUESDAY, APRIL 3, 2007 6:30 PM.. BOTH MEETINGS TO BE HELD AT THE CITY HALL COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA. All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any written comments prior to the hearing dates. Any person who decides to appeal any decision of the Community Redevelopment Agency Board 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 wtlere 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 hours prior to the program or activity in order for the City to reasonably accommodate your request. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6265 ('.-' .... \In" -6 ~._. I,. ',' . j, I L--------- ----... I [ '::.L :~::. ~ c':~ 'C ~ !:"::':~.~..