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 Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
0 December 18, 2007 December 3, 2007 (Noon) D February 19,2008 February 4, 2008 (Noon)
0 January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19, 2008 (Noon)
0 January 15,2008 December 31,2007 (Noon) ~ March 18, 2008 March 3, 2008 (Noon)
0 February 5, 2008 January 14,2008 (Noon) 0 April I, 2008 March 17,2008 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF D Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 UnfInished Business
~ Public Hearing 0
RECOMMENDATION: Please place this request on the March 18, 2008 City Commission Agenda under
Pubhc Hearing. The Planning and Development Board on February 26,2008, recommended that the request be approved.
For further details pertaining to this request, see attached Department Memorandum No. 07-138.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
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 time extension for the construction of 64, three
(3) story townhouse dwelling umts, approved on February 15, 2005, thereby further
extending second SIte plan tIme extension approval from February 15, 2008 to February
15,2009.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVE~
Develop ent ep ent Drrector
City Manager's Signature
Assistant to City Manager
~vJ
Planning and Zo irector CIty Attorney / Fmance
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-138
TO:
Chair and Members
Planning and Develop~nt Board
Michael RumPflJJ~
Director of Planning and Zoning
THRU:
FROM:
Gabriel Wuebben I- W'
Planner V\ .
DATE:
February 1, 2008
PROJECT:
Seaview Park Club / SPTE 08-003
REQUEST:
Site Plan Extension
PROJECT DESCRIPTION
Property Owner:
Multiple owners (see file)/Landco, LLC
Applicant:
Jason Mankoff of Weiner & Aronson, P.A.
Location:
1620 North Federal Highway (see Exhibit "A" - Location Map)
Existing Land Use/Zoning:
Special High Density Residential (SHDR - 20 du/ac)/ Infill Planned
Unit Development (IPUD)
Proposed Land Use/Zoning:
No change
Proposed Use:
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 du/ac) and zoned Multi-
family Residential (R-3);
South:
To the southwest along Federal Highway, existing developed commercial strip
center (Yachtsman's Plaza) with a recently-expired development plan for a 61
townhome community designated Special High Density Residential (SHDR - 20
du/ac) and zoned Infill Planned Unit Development (IPUD); to the southeast,
developed single-family residential (Yachtsman's Cove) designated Low Density
Residential (4.84 du/ac) and zoned Single Family Residential (R-1-AA);
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 07-138
BACKGROUND
Mr. Jason Mankoff, representative for Landco, LLC, is requesting a site plan time extension for the
construction of 64, three (3) story townhouse dwelling units. This site plan, which called for the
construction of four buildings consisting of condominium units, 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. A subsequent minor site plan modification (MMSP 05-023) reduced the overall
number of units from 69 to 64, changed the original condominium units to townhouse units, and altered
numerous site amenities, including the original location of gym facilities, playgrounds, and recreation
facilities. These approvals were valid for one (1) year from the date of approval. 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 was approved in April of 2007. A third time extension is now
requested. If this request were approved, the expiration date would be extended to February 15, 2009.
ANAL YSIS
Landco, LLC is requesting a one (1) year time extension to their previously-approved time extension
granted on April 3, 2007. If granted the site plan approval would be extended to February 15, 2009. All
project conditions of approval pertaining to the original Site Plan and Minor Modification would still apply.
According to the Land Development Regulations, the applicant shall have eighteen (18) months (formerly
12 months) to secure a building permit from the Development Department. It states further that the City
Commission may extend the approval for one (1) year provided that the applicant has filed a request for
a time extension prior to the expiration of the original approval. In this case, the applicant has met the
requirement. The Planning & Zoning Division received the application for a site plan time extension on
December 12, 2007, prior to the expiration date.
In support of their request, Landco, LLC submitted a list of justifications.. The project was previously
being undertaken by Lennar Homes, LLC pursuant to an option agreement. Since the granting of the
previous time extension, Lennar withdrew from the project, and Landco, LLC assumed all interests, plans,
and approvals for the project. Since July, 2007, Landco has been working to continue development of
the site and secure a building permit. However, the applicant has been unsuccessful in securing the
building permit. Additionally, the applicant states that they have not had sufficient time to evaluate the
project assigned to them by Lennar in light of current market conditions. The applicant believes that a
time extension of twelve (12) months will permit the applicant to effectively evaluate the product and
secure building permits for the project.
The applicant has continued the efforts of the original builder (Lennar) through various commitments to
completion. Landco continues to progress toward completion of infrastructure and site work, as well as
construction of the dock facilities. General infrastructure work on the site is reported to be almost
complete at this time. Additionally, applications for the permits associated with Building #4 were
submitted to the City in October of 2007. Fees paid to date to the City of Boynton Beach for these
permits total approximately $17,500. The applicant has yet to pay the City's utility reservation fees for
sewer and water, but is currently discussing this expense with the Utilities Department. No permits will
be issued until the reservation fee has been paid.
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
Page 3
Memorandum No. PZ 07-138
and approval at the time of original site plan review and approval. The Traffic Division determined that
the 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. The original site plan approval set an original build-out date of 2006. The applicant has since
approached Palm Beach County to extend this date, and has been granted a revised build-out date of
2009.
The site plan time extension would still be subject to the original conditions of the site plan approval and
subsequent minor site plan modification 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 (l)-year time extension of the new site plan (NWSP
04-014) as modified through the Minor Modification approval (MMSP 05-023). This recommendation is
based on the "good faith" effort shown to build the project, recent changes in market conditions, the
degree of complication attributed to the change in project leadership, and the fact that no changes have
been made to the Land Development Regulations that would impact this project since it was approved in
2005. If this request for extension were approved, the expiration date of the application would be
extended to February 15, 2009, and all conditions from the original approval and those associated with
the minor site plan modification must still be satisfactorily addressed during the building permit process.
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Exhi' ;t .'A.' - Site Locatio Map
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Seaview Park Club - SPTE 08-003
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EXHIBIT B
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Dekay Beach, Florida 33444
Telephone: (561) 265-2666
Tetecopier: (561) 272-6831
E-mail: jmankoff@lzonelaw.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 ("Lennar") 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;
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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,
~~Off
JSM:alv
Enclosure
cc: Mr. Bobby Gardner (via email and regular mail wlo enclosure)
Michael S. Weiner, Esquire (w/o enclosure)
Ms. Ashlee L. Vargo (wlo enclosure)
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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. Ru 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, n.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 Proj ect, 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.
EXHIBIT "C"
Conditions of Approval
Project name: Seaview Park Club
File number: SPTE 08-003
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments: I
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
I
FORESTERJENVIRONMENT ALIST
Comments: None X
Seaview Park Club SPTE 08-003
Conditions of Approval
P 2
age
DEPARTMENTS INCLUDE REJECT
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:
I
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
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