REVIEW COMMENTS
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-017
Chair and Members
Community Redevelopment Agency Board
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Michael Rumpf
Director of Planning and Zoning
Kathleen Zeitler (2
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 Seacrest 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 (i)-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 "C").
S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze West\SPTE 07-002\Staff Report.doc
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Exhibit "A" - Ocean Breeze West
Location Map
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EXHIBIT "B"
MILLER
LAND
PLANNING
CONSULTANTS, INC.
298 PINEAPPLE GROVE WAY
DELRA Y BEACH, FLORIDA 33444
PHONE. 561/272~82
FAX . 561/272-1042
EMAIL/WEB.mlpc@mlpcinc.com
www.millerlandplanning.com
December 7, 2006
Ed Breese
CITY OF BOYNTON BEACH
PLANNING AND ZONING DEPT.
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
iL DEG 72006
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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, Larry Finkelstein'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 West\E. Breese time 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, 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 hem.
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" Ib (Lisa Bright) - so we must assume that no
revised DIF A or Developer's Agreement will be forthcoming
10-15-06 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.
EXHIBIT "C"
Conditions of Approval
Project name: Ocean Breeze West
File number: SPTE 07-002
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
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/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
Conditions of Approval
Ocean Breeze West
SPTE 07-002
P 2
age
DEPARTMENTS INCLUDE REJECT
1. The site plan time extension shall be subject to all previous Conditions of
Approval.
ADDITIONAL COMMUNITY REDEVELOPMENT
AGENCY BOARD CONDITIONS
Comments:
I. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze West\SPTE\COA.doc