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
March 25,2008
Jason Mankoff, Esq.
Weiner & Aronson
102 N Swinton Avenue
Delray Beach, Florida 33444
RE:
File No.:
Location:
Seaview Park Club
SPTE 08-003
1620 N Federal Highway
Dear Mr. Mankoff:
Enclosed is the Development Order granted by the City Commission on March 18, 2008, for a second one-year site plan time
extension. This approval extends the site plan approval granted on February 15, 2005, from February 15, 2008 to
February 15, 2009. 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) 742-6269.
S~c.erely:
Mh~f
Director of Planning & Zoning
Enc: DO w/COA
S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\SPTE 08-003\ApprovalLetter.doc
PROJECT NAME:
DEVELOPME"" ORDER OF THE CITY COMMIS"1N OF THE
Cnv OF BOYNTON BEACH, FLORID)(
t2.evi 5eJ
Seaview Park Club
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
.~
APPLICANT'S AGENT:
Mr. Jason Mankoff for Weiner & Aronson - Landco, LLC
APPLICANT'S ADDRESS: 102 N. Swinton Avenue, Delray beach, FL 33444
1''0'11
.,q
i.. ..v
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 18,2008
TYPE OF RELIEF SOUGHT: Request site plan extension approval for one year, to construct 64,
three (3) story townhouse units on 3.756 acres in the IPUD zoning
district.
LOCATION OF PROPERTY: 1620 North Federal Highway
JUSTIFICATION: SEE EXHIBIT "B" LETTERS ATTACHED HERETO.
X THIS 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 Applic9I1t
~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: 19 -al- OB
S.\Planning\SHARED\WP\PROJECTS\Seaview Park Club\SPTE 08-003\Seaview Park Club DO doc
EXHIBIT "e"
Conditions of Approval
Project name: Seaview Park Club
Pile number: SPTE 08-003
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments:
1. The applicant is to pay all utility reservation fees (water and sewer) before X
permit issuance.
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
Seaview Park Club SPTE 08-003
Conditions of Approval
P 2
age
I DEPARTMENTS I INCLUDE I REJECT I
PLANNING AND ZONING
Comments:
2. The time extension is subject to the original Conditions of Approval. X
3. Prior to issuance of a building permit, the applicant shall submit an updated X
traffic concurrency letter from Palm Beach County.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~
S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\SPTE 08-003\COA.doc
Exhi...t "A" - Site Locatiow Map
Seaview Park Club - SPTE 08-003
.
150
300
150 75 0
~~-
SHORE DR
450
600
I Feet
N
w4tE
s
EXHIBIT B
WEINER &. ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: jmankoff@zonelaw.com
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
December 12. 2007
Mr. Michael W. Rumpf
Director of Planning & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Via Hand Delivery
Re: Seaview Park Club - Request for Extension
Our File No.: JLLC002
Dear Mike:
This letter is a request for a site plan extension on behalf of our client, Jacksonville
Landco, LLC, ("Landco") for the project known as Seaview Park Club ("Project"). The
development of the Project was being undertaken by Lennar Homes, LLC (ULennar") pursuant
to an option agreement. The option agreement held by Lennar was terminated as of July, 2007
at which time our client was assigned Lennar's interest, plans and approvals for the Project.
Since July, 2007, our client has been diligently working to continue development of the site and
secure a building permit for the Project. However, it appears that they will not have secured a
building permit prior to the expiration of the site plan on February 15, 2008. In addition. they
have not had sufficient time to evaluate the product designs assigned to them by Lennar in light
of current market conditions.
Thus, by this letter we are officially requesting an extension to the site plan for a period
of twelve (12) months to allow our client time to effectively evaluate the product and to secure
building permits for the Project.
Although the original applicant, Lennar, withdrew its involvement with the Project, our
client remains committed to moving it forward. The following is a list of accomplishments that
demonstrates our client's good faith efforts:
)> Landco continues to work to complete development of the underlying site in
preparation for vertical construction, including site work and construction of the
dock facilities;
O:\JLLC002\Revised letter to Rumpf re extensiqn request.Dee 12. 2007.doc
December 12, 2007
Page 2 of2
EXHIBIT B
~ Applications for Building permits associated with Building #4 were submitted to
the City in October 2007;
~ Fees paid to date to the City for the above permits total approximately $17,500;
and
~ General infrastructure work on the site is almost complete.
Again, our client is committed to completing the development of the Project, but needs
additional time to perform an effective evaluation of the market and designed product and to
secure building permits for the same. All of this is being done, and a site plan extension is
being requested, in order to best ensure the success of the Project.
If at all possible, we respectfully request that this extension request be placed on the
January 8, 2008 CRA agenda and the subsequent City Commission agenda of February 5,
2008.
Enclosed please find a check in the amount of Five Hundred ($500.00) Dollars made
payable to the City of Boynton Beach. We understand that the applicant is responsible for the
notice requirements. We will fulfill the notice responsibility as required prior to any public
hearings. Please confirm with me the respective dates that this extension request will be heard
so that I can prepare the appropriate notice.
If you have any additional questions regarding the extension request, please feel free to
contact me.
Very truly yours,
~------
Asar, S. Mankoff
JSM:alv
Enclosure
cc: Mr. Bobby Gardner (via em ail and regular mail wlo enclosure)
Michael S. Weiner, Esquire (w/o enclosure)
Ms. Ashlee L. Vargo (w/o enclosure)
O:\JLLC002\Revised letter to Rumpf re extension requestDec 12. 2007.doc
Jacksonville Landco~ LL~
200 S. Orange Avenue, Suite 1900, Orlando, FL 32801
Ph: 407-481-9182 - Fax: 407-849-1496
EXHIBIT B
December 11, 2007
Mr. Michael W. Rumpf
Director of Planning & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
RE: Seaview Park Club
Boynton Beach, Florida
Dear Mr. Rumpf,
I wanted to provide you with some information about Jacksonville Landco, LLC
("Landco"), the owner of the property known as the Seaview Park Club project (the
"Project"). Succinctly, Landco has the requisite expertise and intends to develop the
Project. Following is brief description of the company, its current activities with regard
to the Project, and a short resume of its partners.
By way of background, Landco is an entity that was formed to landbank residential
developments for homebuilders. The partners of Landco are certain principals of The
Hutson Companies ("Hutson") and Prager, Sealy & Co., LLC ("Sealy"). Briefly, Hutson
has extensive construction and development experience, while Sealy has an extensive real
estate finance and underwriting background, with a growing base in development.
Understanding the risks associated with the real estate market in general, and
landbanking in particular, the Landco partners have planned from the start to utilize their
combined skills to build out the projects that its client homebuilders have chosen not to
complete.
Accordingly, since Lennar's departure from the vertical component of the Project, Landco
has undertaken the necessary steps to continue the development of the site, and secure a
building permit. Landco has not engaged a broker or actively marketed the Project.
As you are aware, Landco submitted a building permit package in order to begin
construction of the first of four residential buildings currently planned. It has been
working with Carr Residential, a south Florida contractor to identify certain components
to be incorporated into the project, as well as prepare necessary shop drawings from
subcontractors that will be utilized in the construction process. Landco has also engaged
Ms. Linda Love of American Realty Consultants to advise it on various aspects of
planning and marketing the Project, as well as to provide a current overview of the
marketplace.
Mr. Michael W. RlL.>~-r't
December 11,2007
Page 2 of2
EXHIBIT B
Weare seeking a site plan extension for a number of reasons, most notably because
additional time is necessary to more effectively evaluate the market and complete
planning for a project that will be successful.
As stated above, Hutson and Sealy, the partners in Landco have the experience necessary
to successfully complete the Project.
Hutson brings extensive development and construction experience. Beginning in 1973,
D.W. Hutson Construction was a pioneer in the northeast Florida homebuilding industry.
With fIrm roots in the principles of value, convenience and lifestyle, D.W. Hutson
Construction brought forth dozens of residential communities, including more than
12,000 homes. Most notably, the fIrm is credited with the residential development and
construction of much of Jacksonville's south Mandarin area.
Noted for its environmental sensitivity, exceptional fInancial strength and its commitment
to developing family-friendly communities, The Hutson Companies currently owns and
is developing projects in Clay, Duval and St. Johns Counties, with total development
rights to over 12,000 single and multifamily homes, as well as over 7 million square feet
of commercial, office and industrial space.
As a complement to the construction experience of the Hutson side of Landco, the Sealy
side brings the underwriting and fInancing experience of over $5 billion of Florida real
estate transactions. In addition, it is currently in the process of completing development
of a number of communities and is partners in two residential building operations in
Brevard County and Osceola County, Florida.
The continued development of the Project, including its vertical construction, is
consistent with Landco's business plan, as it is consistent with the real estate expertise of
the partners within Landco. Recognizing the nuances of the particular Boynton Beach
marketplace, Landco has engaged the services of those with localized specialties in order
best move forward with the development of the Project.
Weare available to answer whatever questions may arise in this regard, and look forward
to meeting with whomever might be posing them. In the meantime, should you require
additional information, please do not hesitate to contact me.
er
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
February 26, 2008
4. Approval of Minutes of January 22, 2008 meeting.
Motion
Mr. Myott moved approval of the minutes. Vice Chair Saberson seconded the motion
that passed unanimously.
5. Communications and Announcements.
A. Planning and Zoning Report.
1. Final disposition of the January 22, 2008 Planning and
Development Board meeting agenda items.
Mike Rumpf, Planning and Zoning Director, reviewed the disposition of items
previously heard by the board on February 19, 2008, and reported the City Commission
approved the following:
· Site plan time extension for ''The Learning Place," a day care facility located on
Lawrence Road, just north of Gateway Boulevard. The project was approved for
a one-year time extension.
· Request for a master plan modification of Heatherlake of the Meadows P.U.D., to
reduce the rear yard setback for construction of screened roof enclosures, and to
reduce the rear yard setback for pools along lakefronts.
7. New Business
A. Seaview Park Club
Site Plan Time Extension
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Seaview Park Club (SPTE 08-003)
Jason Mankoff of Weiner & Aronson, P.A.
Jacksonville Landco, LLC
1620 North Federal Highway
Request for a third one (1) year site plan
extension for the construction of 64 three
(3) story townhouse dwelling units,
approved on February 15, 2005, thereby
further extending the second site plan
time extension approval from February 15,
2008 to February 15, 2009.
2
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
February 26, 2008
Mr. Rumpf, advised the request was for a third time extension for the site plan
approved on N. Federal Highway, originally brought forth by Lennar Builders. The
project was subsequently taken over by a new developer and consisted of
approximately 3.5 acres of land east of U.S. 1, with Intracoastal Waterway frontage.
The project was originally proposed as a condominium development and was
subsequently modified to a townhouse-style development. The board reviewed the
project, recalling the extensive review process and negotiations with adjacent property
owners who were concerned with the contrasting densities proposed and the abutting
single-family neighborhoods. The plan implemented the City's Infill Planned Unit
Development (IPUD) zoning district with redevelopment density promoted at "20."
Additional buffering was required and recommendations relating to the design were
intended to bring down the scale of the project. Design changes were made to the
facade, making it much more compatible, and significantly reducing the number of
units. The delays experienced were due in large measure to current market conditions,
as well as the transition to a new owner. Staff supported the application and
recommended it be approved.
Michael Weiner, 209 N. Seacrest Boulevard, advised he was appearing on behalf of
Jacksonville Landco, LLC, with regard to Seaview Park Club. The project was located in
the CRA district, on the east side of Federal Highway. There were challenges, but they
were able to develop a site plan which he believed met all the necessary requirements.
Mr. Weiner believed the IPUD type of zoning provided the flexibility necessary for
compatibility with apartment dwellings on one side of the project, single-family houses
on the other side, and commercial projects along Federal Highway. The project was
originally approved on February 15, 2005. Various modifications included a reduction in
density from 69 to 64 units per acre. Extensions of approval had been granted through
February 15, 2008. The appropriate application was made with regard to the current
request for an additional extension and, if granted, would be extended to February 15,
2009.
Mr. Weiner distributed a booklet (a copy of which is on file in the City Clerk's office)
which reflected the current development, a timeline demonstrating the tasks
accomplished on the project, and the fees paid to the City in pursuing the necessary
tasks and permits. On February 15, 2008, the last day of the previous extension, the
developer was able to pull a vertical permit for building #4. Since the issuance of the
permit, Mr. Weiner believed the developer was fully vested, but was desirous of moving
forward with the requested extension.
Chair Jaskiewicz noted the witnesses had not been sworn in. Attorney Alexander
administered the oath to everyone that already had, or would be providing testimony.
3