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REVIEW COMMENTS DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-019 THRU: Chair and Members Community Redevelop!pent Agency Board .(\ \ ;.L/ Michael Rumpf - - Director of Planning and Zoning TO: FROM: Gabriel Wuebben Planner DATE: February 26, 2007 PROJECT: Seaview Park Club j SPTE 07-003 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Lennar Homes, LLC Applicant j Agent: Lorie Moccia of Lennar Homes Location: 1620 N. Federal Highway (See Exhibit "A" - Location Map) Existing Land Usej Zoning: Special High Density Residential (SHDR 20 du-ac) j Infill Planned Unit Development (IPUD) Proposed Land Usej Zoning: No change Relief Sought: Site Plan Time Extension for a 64 unit, three (3) story townhouse project. Acreage: 3.756 acres (163,611.36 square feet) Adjacent Uses: North: To the northwest, developed multi-family rental complex (Manatee Bay) designated Local Retail Commercial (LRC) and Community Commercial (C-3); to the northeast Manatee Bay designated High Density Residential (10.8 dujac) and zoned Multi-family Residential (R-3); South: To the south along Federal Highway, existing developed commercial strip center (Yachtsman's Plaza) with an approved development plan for a 61 townhome community designated Special High Density Residential (SHDR - 20 dujac) and zoned Infill Planned Unit Development (IPUD); farther east, developed single-family residential (Yachtsman's Cove) designated Low Density Residential (4.84 dujac) and zoned Single Family Residential (R-1-M); East: Right-of-way for Intracoastal Waterway; and West: Rights-of-way for U.S. 1 and the Florida East Coast Railroad. Page 2 Memorandum No. PZ 07-019 BACKGROUND Ms. Lorie Moccia, representative for Lennar Homes, Incorporated, is requesting a one (1) year site plan time extension for the construction of 64, three (3) story townhouse dwelling units. This site plan was originally approved by the City Commission on February 15, 2005 along with the corresponding request for land use change and rezoning (LUAR 04-010) to Special High Density Residential (SHDR) land use and Infill Planned Unit Development (IPUD) zoning district. These approvals are valid for one (1) year from the date of approval, unless a building permit has been issued or a time extension applied for. A site plan time extension was approved in February of 2006, as the applicant was unable to secure a permit by the expiration date. A second time extension is now requested. If this request for extensions were approved, the expiration date would be extended to February 15, 2008. According to the modified site plan staff report, Seaview Park Club was approved to construct a total of 64 dwelling units. ANALYSIS Lennar Homes, Inc. is requesting a second (1) year time extension to their original approval date of February 15, 2005. If granted, the site plan approval would be extended to February 15, 2008. All project conditions of approval pertaining to the original Site Plan and Minor Modification would still apply. In support of their request, Lennar Homes submitted a list of justifications. They note that since approval of the first time extension, they have demonstrated their commitment to the completion of the project by accomplishing the following: . applied for and received a demolition permit on April 14, 2006 . completed demolition and clearing of the old mobile home park . received a land development permit on July 17, 2006 . received a fill permit on August 14, 2006 . received a water and sewage permit on July 13, 2006 . received a paving and drainage permit on August 17, 2006 . water, sewer, and drainage construction has been completed and is currently in the final testing and approval stages with Boynton Beach Utilities and Engineering . the site has been filled and graded to proposed elevations . dry utility for FPL, Bell South, and Comcast has begun . the privacy wall near the south property line has been installed . the bulk head wall has been installed along the Intracoastal Waterway . the retaining wall along the north property line is under construction . road construction is scheduled to begin on February 26, 2007 . the minor site plan modification to include docks was approved on July 24, 2006 According to Chapter 4, Section 5 of the Land Development Regulations at the time of site plan approval, "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 one (1) year time extensions, 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 extension request February 15, 2007 the expiration date of the previous one (1) year site plan extension. A more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. This project's traffic study was sent to Palm Beach County Traffic Division for their review and approval at the time of original site plan review and approval. The Traffic Division determined that the Page 3 Memorandum No. PZ 07-019 proposed mixed-use project is located within the designated Boynton Beach Traffic Concurrency Exception Area (TCEA), and therefore meets the Traffic Performance Standards (TPS) of Palm Beach County. However, the original site plan approval indicates that no building permits are to be issued by the city after the build- out date of 2006. Therefore, the applicant will need to approach Palm beach County once again to extend the build-out date as set in the original site plan approval (See "Exhibit C - Conditions of Approval) The site plan time extension would still be subject to the original conditions of the 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, site plan approval occurred prior to the adoption of Ordinance 05-060 RECOMMENDATION Staff recommends approval of this request for a one (1) year time extension of the new site plan (NWSP 04- 014) based upon the evidence of good faith submitted by the applicant to construct the project in a timely manner. If this request for extension were approved, the expiration date of the application would be extended to February 15, 2008, and all conditions from the original approvals must still be satisfactorily addressed during the building permit process. S:\Planning\SHARED\WP\PROJECfS\Seaview Park Club\SPTE 07\SPTE 06-011 Staff Report.doc Exhib.... "A" - Seaview Park Club Location Map ~ o I ~ ...,. R-1-A '"---- 'Single-family Resiberiii~1 C-2 Neighborhood I comme;bal 15TH AVE 140 o 280 560 840 :\l 1.120+ I ~eet . - E S February 14, 2007 EXHIBIT B Michael W. Rumpf Director of Planning and Zoning City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 FEB I 5 2007 ~-) ~ ~'i r ,; , ! ' Zi Jh Ji~'~ :~____. Re: Seaview Park Club - Request for Extension of Site Plan Approval Dear Mike, As you are aware, site plan approval for the above project was granted by the City Commission on February 15, 2005, and an extension to the site plan was granted on March 21, 2006. Lennar Homes, LLC. has been diligently working on the land development and construction of this community. Despite our best efforts, however, it appears that we will not have secured a foundation building permit from the City of Boynton Beach prior to the expiration of our site plan approval. We are therefore requesting an extension to our current site plan approval for a period of one year to allow us to complete the building permit application process. In support of this request for extension of site plan approval, we would ask that you consider the following accomplishments, since the last extension was granted which we feel demonstrates our firm commitment to the successful development of the Seaview Park Club Community: · Demolition Permit received April 14, 2006. · Demolition and Clearing has been completed of the old mobile home park. · Land Development Permit received July 17, 2006. . Fill Permit received August 14, 2006 · Water and Sewer Permit received July 13, 2006. · Paving and Drainage Permit received August 17, 2006. · Water, Sewer and Drainage construction has been completed and is currently in the testing and final approval stages with Boynton Beach Utilities and Engineering. · Site has been filled and graded to proposed elevations. · Dry utility installation for FPL, Bell South and Comcast has begun. · Privacy Wall near South property line installed. · Bulk head Wall along Intracoastal installed. · Retaining Wall along North property line under construction. · Road construction scheduled to begin 2.26.07 · Minor modification of site plan to include docks approved July 24, 2006. We respectfully request for this extension of the site plan approval be submitted for inclusion in the next CRA agenda and the subsequent City Commission agenda. Lennar Homes, LLC. will of course mail required notices to neighboring property owners and 8136 Okeechobee Blvd. Suite A, Palm Beach. FL 33415' Phone: 561-333-4700 . Fax: 561-228-5289 LENNAR.CCM G) .. post required signage in advance of the above meetings. Should you require any additional information please do not hesitate to contact me directly at (561) 228.5316. Your response to this matter would be greatly appreciated. Thank you once again for your continued support. Respectfully yours, 8136 Okeechobee Blvd, Suite A, Palm Beach, FL 33415' Phone: 561-333-4700 . Fax: 561-228-5289 LENNAR.CDM @ - EXHIBIT "C" Conditions of Approval Project name: Seaview Park Club File number: SPTE 07-003 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/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: 1. The time extension is subject to the original Conditions of Approval. Seaview Park Club SPTE 07-003 Conditions of Approval P 2 age DEPARTMENTS INCLUDE REJECT 2. Prior to issuance of a building permit, the applicant shall submit an updated traffic concurrency letter from Palm Beach County. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: To be determined ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\PlanningISHARED\WP\PROJECTS\Seaview Park Club\SPTE 07\COAdoc Department of Engineering and Public Works Po. Box 21229 West Palm Beach, FL 33416-1229 (561) 684-4000 wwwpbcgovcom . Palm Beach County Board of County Commissioners Addie L Greene. Chairperson Jeff Koons, Vice Chair Karen T. Marcus Warren H. Newell Mary MeCarty Burt Aaronson Jess R. Santamaria County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer" @ printed on recycled paper April 18, 2007 Mr. Michael W. Rumpf Director of Planning & Zoning Department of Development City of Boynton Beach P.O. Box 310 Boynton Beach, FL 34425-0310 RE: Seaview Park Club - Revised Plan & Build-Out Project #: 070404 TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Mr. Rumpf: The Palm Beach County Traffic Division has reviewed the traffic statement for the revised development plan and build-out extension for the previously approved residential redevelopment project entitled; Seaview Park Club, pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. This project is summarized as follows: Location: East side of North Federal Highway, about y.. miles north of the Boynton Canal. Boynton Beach 08-43-45-22-42-001-0000, 08-43-45-22-42-001-0000 08-43-45-22-42-001-0000, 08-43-45-22-42-001-0000 08-43-45-22-42-001-0000, 08-43-45-22-42-001-0000 64 Mobile Homes 72 MF Residential Units 64 MF Residential Units 129 ReduGtion AM and 3 PM 2009 Municipality: PCN#: Existing Uses: Prevo Approval: Proposed Uses: New Daily Trips: New PH Trips: Build-out Year: Based on our review, the Traffic Division has determined that the proposed residential redevelopment project is iucatl3d within the Pairn 8ec.<.il Counly designated Coastal Residential Exception Areas, and therefore, meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the town, after the build-out date, specified above. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. If you have any questions regarding this determination, please contact me at 684-4030. Sincerely, File: General - TPS - Mun - Traffic Study Review F:\ TRAFFIC\ma\Admin\Approvals\2007\070404. doc