Casa del Mar
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
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Engineering
Dec. License
Deputy City Clerk
PROJECT NAME: Casa del Mar
APPLICANT'S AGENT: Bonnie L. Miskel, Esq., Siegel, Lipman, Dunay, Shepard, & Miskel, LLP
APPLICANT'S ADDRESS: 5355 Town Center Road, Suite 801, Boca Raton, FL 33486
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
September 4, 2007
TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension to construct 42 fee-
simple townhouse units and 40 condominiums on 4.11 acres in the
IPUD zoning district.
LOCATION OF PROPERTY: 2632 North Federal Highway (on the east side of U.S.1, north of
Dimick Road).
DRAWING(S): SEE EXHIBIT "B" 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 Applicant
l/"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 "D" with notation "Included".
4.
The App~t'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:
1- 7-07
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J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Casa del Mar\SPTE 07-009\DO.doc
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EXHIBIT "e
GARY S. DUNAY
KENNETH W. LIPMAN
BONNIE MISKEL
JONATHAN L. SHEPARD
CARL E. SIEGEL
THE PLAZA 0 SUITE 80 I
5355 TOWN CENTER ROAD
BOCA RATON, FLORIDA 33486
(561) 368-7700
FAX: (561) 368-9274
WWW SLDSMLAW.COM
LINDA B. LYMAN
July 5, 2007
JUL I 2
Mike Rumpf, Director
Planning & Zoning
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida, 33425-0310
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RE: Time extension for Casa Del Mar ("Project")
Dear Mr. Rumpf:
The purpose of this letter is to request a time extension for the approved Casa Del Mar
project (NWSP # 06-015) located on North Federal Highway. This project was approved
for the development of 82 condominium units on a 4.11 acre parcel in the Infill Planned
Unit Development (IPUD) zoning district. This project was originally approved on July 18,
2006 and will expire on July 18, 2007. We respectfully request an extension of one year
to July 18, 2008. A timeline for the steps taken thus far to receive appropriate approvals
prior to filing for a building permit with the City is as follows:
. Filed a Request for Exemption and Statewide Programmatic General Permit
(SPGP) on June 9, 2006.
. Received SPGP on July 7,2006.
. Filed with the South Florida Water Management District (SFWMD) a Joint
Application for Environmental Resource Permit { Authorization to use State
owned submerged lands { Federal dredge and fill permit with the Florida
Department of Environmental Protection {Water Management Districts { U.S.
Army Corps of Engineers (ERP) on November 15, 2006.
. Filed an amendment to above ERP to include docks on December 13, 2006.
. First Request for Additional Information (RAI) from SFWMD dated December
13,2006.
. Supplemental RAI from SFWMD January 12, 2007.
. After meeting with SFWMD filed response to RAI on March 5, 2007.
. Second RAI from SFWMD on April 6, 2007.
Since the last RAi, the applicant has had several discussions and two site visits with
SFWMD and are in process of scheduling a 3rd site visit with SFWMD before making a
formal response. Please see attached documentation verifying above information.
Additionally, it should be noted that the current property owner took title of the property
in January 4, 2007. Unfortunately, the state review process is lengthy and obtaining
permits requires the review of several state agencies. It is the applicant's intent to file for
building permit and develop the Project once the above mentioned permits have been
awarded. The applicant believes that the above demonstrates that a good faith effort to
advance the project has been made.
Again, we respectfully request favorable consideration of this request. If you have any
questions or concerns regarding this letter, please do not hesitate to contact me at (561)
237-1537.
Sincerely,
&;J ~ka1
Bonnie L. Miskel, Esq.
Siegel, Lipman, Dunay,
Shepard, & Miskel, LLP
S I EeEL. LI PIYIA N. 0 UN AY. SH EPARD & Nll S KEL. LLP
GARY S. DUNAY
KENNETH W. LIPMAN
BONNIE MISKEL
JONATHAN L. SHEPARD
CARL E. SIEGEL
THE PLAZA. SUITE 80 I
5355 TOWN CENTER ROAD
BOCA RATON. FLORIDA 33486
(561) 368-7700
FAX. (561) 368-9274
WWW.SLDSMLAW.COM
LINDA B LYMAN
July 23, 2007
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Kathleen Zeitler
Planning & Zoning
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida, 33425-0310
RE: Additional information regarding time extension request for Casa Del Mar ("Project")
Dear Ms. Zeitler:
As per your request for additional information relating to the time extension request for
the Casa Del Mar project. You had requested additional information related to
verification of any fees paid (utility reservation fees, etc.), copies of construction
drawings ready for submittal, anticipated approval dates for state permits, and
anticipated dates for initial submittal of building permits. Unfortunately, the applicant has
not paid any fees or finalized the construction drawings for the project as they are
waiting to finalize the marina permitting. The marina will be a major component of how
the project will be marketed to potential buyers of the residential units. The applicant
feels that the marina, and boating lifestyle that go with that, is the site's unique feature
and the applicant does not want to advertise for a boating community with docks prior to
receiving approval and permits for the Project. The applicant expects to receive the
permit from the South Florida Water Management District sometime this fall and intends
on submitting for construction and building permits approximately 4 to 6 months
afterwards.
If you have any questions or concerns regarding this letter, please do not hesitate to
contact me at (561) 506-9008.
Sincerely,
L~d~
Siegel, Lipman, Dunay,
Shepard. & Miskel, LLP
EXHIBIT "D"
Conditions of Approval
Project name: Casa del Mar
File number: SPTE 07-009
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
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:
1. The site plan time extension shall be subject to all previous Conditions of X
Approval.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT
AGENCY BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I. To be determined. ~
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