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Casa del Mar DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Casa del Mar APPLICANT'S AGENT: Bonnie Miskel - Siegel, Lipman, Dunay, Shepherd & Miskel, LLP APPLICANT'S ADDRESS: 5355 Town Center Road Suite 801 Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 14,2009 TYPE OF RELIEF SOUGHT: Request Site Plan Time Extension approval for a third one (l)-year site plan time extension for the Casa del Mar Site Plan Development Order (NWSP 06-015) and Height Exception (HTEX 06-007). LOCATION OF PROPERTY: 2632 N. Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MA TIER 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 /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: 10-07- oct S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\SPTE 09-010\DO.doc EXHIBIT "D" Conditions of Approval Project name: Casa del Mar File number: SPTE 09-0 I 0 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds 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 RECREA nON Comments: None X FORESTERJENVIRONMENT ALIST Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 1 The site plan time extension is subject to the original conditions of approval. X 2. An updated traffic concurrency approval letter from Palm Beach County X Traffic Engineering will be required prior to permitting. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S:\PlanningISHARED\ WP\PROJECTSICasa del MarlSPTE 09-0 101COA.doc Exhibit "A" - Site Location Map Casa del Mar . 12562.5 0 125 250 375 500 ~_ I Feet N w.' s UH .~ ~f nn II nEE ti liil ~ till P . I I , Id. -a ;'. 11'- Pi ~, I I ~ ~ ~ ~ f' ~ II. ~ 'Ii ~ ~ m 5 .' iil 5l ~ ro : Ii ~f ~ r- ~ .. I ! ~ 'l &J ~~ " l ~ ~~ = ------ i 8i i i I ! Casa del Mar PREPARED FOR LANCORE NURSERY CITY OF BOYNTON BEACH. FL XHIBIT B - LAND. DESIGN SOUTH __P>...,oG ~ S lEG E L. LIt' MAN. DUN A Y. SHE PAR D &5 J vI IS K E L, L L P EXHIBIT C 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 (56 I) 366-7700 FAX: (561) 368-9274 WWW.SLDSMLAW.COM SCOTT BACKMAN LINDA B. LYMAN ~~@t~,nw~@ JUL 1 6 2009 July 16, 2009 PLANNING AND Z:ON~NiG DEP'T. Mike Rumpf, Director Planning & Zoning City of Boynton Beach P.O. Box 310 Boynton Beach, Florida, 33425-0310 RE: Time extension for Casa Del Mar ("Project") Dear Mr. Rumpf: On behalf of my client, Lancore Nursery, LLC ("Petitioner"), this letter is a formal request for a time extension for the approved Casa Del Mar ("Project") (NWSP# 06-015) located on North Federal Highway ("Property"). 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 subsequently received two one-year time extensions. The new expiration date of the site plan is July 18, 2009. We respectfully request an extension of one year to July 18, 2010. At the time of the last time extension request the Petitioner had provided a timeline for the steps taken thus far to receive appropriate approvals prior to filing for a building permit with the City. That timeline 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. . Received first Request for Additional Information (RAI) from SFWMD dated December 13, 2006. . Submitted supplemental RAI from SFWMD January 12, 2007. · After meeting with SFWMD filed response to RAI on March 5, 2007. . Received second RAI from SFWMD on April 6, 2007. Since 2007, additional progress has been made toward obtaining the necessary environmental permits for the Project. This timeline is as follows: . Response to RAI submitted to SFWMD in March 2008. . Army Corps of Engineering (ACOE) submitted on March 25, 2008. . After meeting with ACOE and SFWMD filed response to RAI to ACOE on July 15, 2008 and to SFWMD on August 21, 2008. . Received RAI from SFWMD on October 3, 2008. . State Sovereign lands Review commenced December 8, 2008. . Received response from ACOE regarding RAI on March 18, 2009. . Met with FDEP on April 30, 2009 to discuss RAI. . State Sovereign lands Review anticipated to be complete within the next 6 months. The Petitioner is anticipating final action by the Army Corps of Engineers in Mid-March 2010 and final action by the State related to the Sovereign Lands Review in mid-December 2010. These approvals will be in place for the current project as well as the new marina project being proposed by the Petitioner further detailed below. Additionally, since the last time extension request by the Petitioner, the demand for residential units has severely declined. With the recent economic situation, the ability to obtain funding for the residential project has diminished. There are no banks that are currently lending money for the development of multi-family residential developments. The market has become so saturated with residential units it will take a considerable period of time before the market is able to correct itself. Further, buyers are not able to obtain financing for acquisition purposes. As such, the Petitioner is now in the process of applying for a land use and rezoning change to Commercial and C-3 respectively, a site plan and a conditional use application to allow for the deveiopment of a marina and dry boat storage. The proposed marina development consists of three buildings totafing 69,609 square feet. The three buildings will be: 1) Office and Show Room (located along Federal Highway); 2) Dry Boat Storage (located in the middle of the Property); and 3) Ship Store and meeting/office areas (located along the waterfront). Because these applications have not yet been approved by the City, the Petitioner would like to retain the current approval for the residential project until the proposed marina project is approved. If you have any questions or concerns rega.rding this letter, please do not hesitate to contact me at (561) 237-1524. sin)ierely'lI t I! f)wJiwiJ Bonnie L. Miskel, Esq. Siegel, Lipman, Dunay, Shepard, & Miskel, LLP