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HomeMy WebLinkAboutBoynton Beach Medical Pavilion DEVELOPI~"-NT ORDER OF THE CITY COMMI~"~ION OF THE ..., rY OF BOYNTON BEACH, FI..ORI,..,.~ Medical Pavilion (ADAP 02-001) /0~. PROJECT NAME: Boynton Beach APPLICANT'S AGENT: Kieran Kilday, Kilday & Associates, Inc. ~.~ APPLICANT'S ADDRESS: 1551 Forum Place, Suite 100A, West Palm Beach.. FL 33401 DATE OF HEARING RATIFICATION BEFORE ClTY COMMISSION: November 19, 2002 TYPE OF RELIEF SOUGHT: Appeal of administrative decision denying request for building permit submittal due to site plan expiration. LOCATION OF PROPERTY: 2815 Secrest Boulevard DRAWING(S): None X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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 ~ 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 th,~,,¢~.,~l~'~,¢,!I be made in accordance with the terms and conditions of this order,,,~ 7. Other ..- DATED: /I- ICl - S:U:'Ianning\SHARED\WP~ROJECTS~Boynton Beach Medica~/~t~ 02-002\Develop. OrderBoynton Beach Pavilion ADAP 02- 001 .doc EXHIBIT "A" LOCATION MAP Boynton Beach Medical Pavilion i~U ~ F::IEC L ~Ul::) EC SITE i,--., i 8 ,'vlILE k.,,,' · EXHIBIT "B" Kilday & Associa"t~ Request for reconsideratio-n Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522 · Fax (561) 689-2592 E-Mail: info@kildayinc.com October 2, 2002 Mr. Quintus Green, Director of Development City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Re: Boynton Beach Medical Pavilion Dear Mr. Green, Based on our Conversation, on October 1, 2002 the Rendina Companies, attempted to apply for building permits for the above-referenced project. The Building Department denied the request citing that the Site Plan Approval had expired, because it was over a year old. However it was assumed that based on a letter sent to our office from Mr. Michael Rumpf, Planning and Zoning Director, on September 17, 2001, that our client could not proceed forward with the building permit process until after a text amendment, relative to this project, was adopted. Since the text amendment was not ratified until November 6, 2001, it is our understanding and that of our client, that the time table to seek a building permit did not start until the November 6, 2001 adoption. Therefore, the expiration date on the Site Plan Approval should be November 6, 2002. Furthermore, the Site Plan Development Order does not clearly state, as to when the one (1) year expiration of the approved Site Plan officially ends. That being the case, we can only presume that the approved Site Plan is valid until November 6, 2002, when the text amendment. Therefore, we respectfully request that the interpretation of the time limit to pull building permits be reconsidered to reflect November 6, 2002. This allows our clients to proceed with applying for building permits for a project that the City has approved and strongly supported. Attached to this letter are copies of the signed and dated Development Orders and the above referenced letter from the Planning and Zoning Director. Please contact me should you have any questions regarding this information. Kilday & Associates, mc. Cc: Brian Mock, Rendina Companies Larry Juran, Rendina Companies ................................................................. EXHIBIT-"C" Administration determination DEPARTMENT OF DEVELOPMENT _ · Builc~ng · Plan~ing&Zottl~g · Occu~o~all..ice~ses ' Comrnunl~yRedovelopmc~! October 3, 2002 Mr. Kiedan Kilday Kilday & Associates 1551 Forum Place, Suite 100A West Palm Beach, FL 33401 Re: Boynton Beach Medical Pavillion (File: NVVSP 01-004) Dear Mr. Kilday: This letter is in response to our conversation of October 1, 2002, and your subsequent letter, requesting a reconsideration of the time limits required to pull a building permit under the Development Order for the above referenced project, Please be advised that I have investigated the circumstances involving the timing and conditions associated with the site plan approval of the project. A review of the project file dearly indicates that the text amendment referenced in your letter, and retified on November 6, 2001, was a condition of approval of the site plan. As with all such conditions, the timing of their completion has no beadng whatsoever on the actual approval date of the Development Order for the site plan. Moreover, Chapter 4, Section 5 of the City's Land Development regulations is dear in stating that, ~Upon approval of the site plan by the City Commission, the applicant shall have (1) year to secure a building permit from the Development Department." This section of the code further states that '...At its discretion, the City Commis.~ion may extend the approval of a site plan for a one year period, provided a request for extension is filed prior to the expiration of the one year period." Inasmuch as the Development Order for site plan approval was granted on September 4, 2001, and given the fact that at no time dudng the subsequent year was a request for an extension of the site plan ever made, I have no basis for any interpretation other than that provided by the City Code. Therefore, the site plan for the above referenced project has, in fact, expired and a building permit cannot be issued. Please feel free to contact me if you have any questions. Sincerely, Quintus Greene Development Director Cc; Mike Rumpf, Planning Director Don Johnson, Building Official C;ty of Boy~ton Beach · 100 East Boyn~on Beach Blvd., P.O. Box 310 · Boynton Beach, Flmtda 33425.0310 EXHIBIT "D"' Request for Administrative Appeal Kilda¥ & Associates Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522 · Fax (561) 689-2592 E-Mail: info@kildayinc.com October 4, 2002 Michael Rumpf Planning Director ~'~ City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33415 Re: Appeal of Administrative Decision Boynton Beach Medical Pavilion Our File No.: 868.28 Dear Mike: This letter will serve as a request to appeal the Administrative Decision as laid out in Mr. Quintus Green's letters of October 3, 2002, to be heard by the City Commission at their meeting on November 6, 2002. Attached you will find the requisite filing fee of $200.00. Aisc attached is a Justification Statement outlining pertinent information to be considered as part of this appeal. Here is a capsulized summary of what has transpired in the last several days. On October 1, 2002, the general contractor for the Boynton Beach Medical Pavilion attempted to file for a building permit for the construction of the project. At that time, City Staff made the determination that the Site Plan upon which the building permit was requested had expired on September 4, 2002. The developer, our Client the Rendina Company, who had diligently been pursuing all necessary plans and permits for this project since last year's approval, contacted our office and we in turn contacted you. For the record, let me say that our Client has diligently pursued the process necessary to obtain permits since the original Site Plan approval on September 4, 2001 and the subsequent variance for a height exception approval of November 6, 2001. The attached justification verifies our Client's efforts in that regard. Obviously, had the issue come to my office's attention prior to September 4, 2002, an extension request, as permitted by code, would have been submitted and based on the facts, approved by the City. Unfortunately, that communication did not happen and as a result the issue just arose this week. I appreciate your department's efforts to find a useful solution to this matter and I believe that this appeal definitely is the most timely approach. As we discussed, the only other solution would be to resubmit the exact same site plan that was approved last year and go through the same approval process again, which would carry us into January 2003. At the time the project was approved, both Staff and the Commission EXHIBIT "D" ;' ,. Request for Administrative Appeal Michael Rumpf October 4, 2002 Page 2 supported it. This process will allow the City Commission to look at the specific facts concerning this development and approve my request that an extension be granted post to September 4, 2002 to allow my clients to obtain their building permit. From my conversation with Quintus Green, I understand that this appeal will be scheduled for the November 6, 2002 City Commission meeting. Please call if you need additional information. KJK:jj Attachments cc: Larry Juran / Brian Mock; Rendina Company Quintus Green; City of Boynton Beach h:/clienfJ868.28/correspondence/rumpf_100402 EXHIBIT "D" ( ~' Request for Administrative Appeal Kilda¥ & Associates Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522 · Fax (561) 689-2592 E-Mail: info@kilda¥inc.com JUSTIFICATION STATEMENT Boynton Beach Medical Pavilion Administrative Appeal Submitted October 4, 2002 The subject property is a 2.05-acre parcel located along South Seacrest Boulevard, across from the Bethesda Memorial Hospital. The site was previously used as medical offices, featuring a cluster of three (3) buildings constructed in 1978. On September 4, 2001, the Boynton Beach City Commission approved a site plan for a new 29,173 sq. ft. building to be constructed on the subject site, subject to several conditions. The conditions of approval included code modifications regarding the minimum allotment of parking required for the site and approval of height exception applications. The proposed structure features a 44 foot, 4 inch (44'-4") high entrance feature that did not meet the maximum height regulations established by code. The last of the code modifications and exceptions were approved on November 6, 2001. Attached are copies of the City's approval letters relative to the Approved Site Plan, Code Modifications, and Exceptions. As mentioned in the cover letter, the Rendina Company, our client, applied for a building permit for this project on October 1, 2002. The City's Building Department, subsequently denied the request, citing the expiration of the approved site plan. The City's Land Use Regulations regarding Expiration of Site Plan (Ch.4 Sec.5) states: "Upon approval of a site plan by the City Commission, the applicant shaft have (1) year to secure a building permit from the development department. If an applicant fails to secure a building permit in that time, aft previous approvals shaft become null and void, and the applicant will be required to submit a new site plan and application; provided however, a clearing permit shaft not constitute a building permit plan for site plan review purposes. At its discretion, the City Commission may extend the approval of a site plan for a one-year period, provided a request for extension is filed prior to the expiration of the one-year period. In granting such conditions the City Commission may impose additional conditions to conform the site plan to current development standards." Based on correspondence received from the Planning and Zoning Department on September 17, 2001 (attached), it is our contention that our client had one (1) year from the approval of the last Code Modification and Exception, which was on November 6, 2001 (attached). The letter specifically states: "Once the necessary zoning code text amendments are adopted, this project may proceed to the permit process. Additionally, Conditions #25 - #27, listed in the Conditions of Approval and listed below, further support the claim that approval of the final site plan was reliant upon the ratification of the text amendments, which were finally approved November 6, 2001. Boynton Beach Boulevard Medical Office Justification Statement Page 1 . EXHIBIT "D" Request for Administrative Appeal The Site Plan Approval Conditions state: Condition tt25: Site Plan approval is contingent upon approval of a variance for a reduction in required parking. Condition 1126: Site Plan approval is contingent upon approval of a height exception for the forty-four (44) foot high peak roof entrance feature, and the thirty- one foot, eight in (31.8) parapet wall. Condition tt27: Applicant has applied for a code review to increase the height in a C- 1 zoning district and to add parapets to the list of architectural elements eligible for height exception. Site Plan approval is contingent upon approval and adoption of this requested code revision, and the ultimate submittal and approval of a height exception for the parapet. Therefore, based on the above conditions, it can be assumed that the one year period should commence from the November 6, 2001 date. The attempt to submit a building permit application on October 1, 2002 was clearly within this time frame. The site plan approval ordinance did not include a commencement date, which they typically do, perhaps because it was contingent on the additional approvals, which were approved afterwards. It should also be noted that our client has been actively pursuing the necessary steps to commence development on this site. As evidence, attached, is a copy of an executed Palm Beach County Land Development Division Right-of Way Construction Permit. The permit allows the applicant to modify the existing driveway, and construct an adjacent sidewalk along Seacrest Boulevard. Additionally, we have provided a series of correspondences between DiFonte Consulting, Inc. (DCi), the civil engineer for this project, the Rendina Company, and Mr. Don Johnson, with the Building Department of Boynton Beach. These letters and memorandums, illustrate the project's evolution throughout the past year. In response to the Rendina Company's denial for a building permit, our office contacted Mr. Quintus Greene, Director of Development for the City of Boynton Beach on October 2, 2002 (attached), to request an administrative determination based on the evidence provided in this appeal. It was Mr. Greene's interpretation that the conditions of approval, and the timing of their completion posed no bearing on the actual approval date of the Development Order for the site plan. However, Mr. Greene suggested that he would be supportive of an Administrative Appeal request by Kilday & Associates, Inc. regarding this matter, seeing as though both Staff and the Commission were both supportive of this redevelopment project. As a result, on behalf of the Rendina Company, our client, we respectfully request a time extension be granted post the September 4, 2002 Site Plan expiration date, to allow the Rendina Company to apply for the required building permits to commence development of this attractive redevelopment project to provide needed medical office space for the City. Boynton Beach Boulevard Medical Office Justification Statement Page 2 ~--,",, ~¥: RF_;,;S:& CCI,;3TT~UCTi01~ 2_-'PT; 561 7~ 904~; 0CT-4-02 13:31; PAGE 3/4 WELLINGTON, FLOR[DA 334 ~ 4 CONSULTING, T~. & F~.: (561) 792-7551 ~.O,~O~T~.CO~ I~. CERT. OF AUTHORIZATION B432 October 9, 2001 Mr_ Don Johnson, Building Official Proiect City of Boynton Beach Building Department 100 E. Boynton Beach Boulevard File Boynton Beach, Flor/da 33425 Re: Boynton Beach Medical Pavilion Bo tor, Beach, odda CC: Engineering Plan Submittal Dear Mr. $ohnson: Our firm has been engaged by the Rendina Companies to design and permit civil engineering elements associated with the referenced project. Briefly, the project enta;l< constructing a new multistory building and aneLllary facilities to replace several existing single story medical offices. The proposed project is situated within a 2.05 acre pan:el along the east side of Seacrest Boulevard - at the southeast comer of the intersection with SE 27~' Street. The project site is: situated within the corporate limits of the City of Boynton Beach, Florida. We are pleased to submit the following plans to commence the final engineering plans review process for the referenced project: " Two (2) sets of complete construction plans (Sheets 1 to 9, dated October 8, 2001). Please call or advise us as soon as possible when you have had the opportunity to review the plans. Very truly yours, DIFONTE CONSULTING, INC. Zugefle A. DiFonte, P.E. >resident :c: Mr. Leonard Mass, Rendina Companies WELI. tNGTOI,,,i, FLORIDA 334.!,4 III CONSULTING, a (sel) 79a- ss : NatW'W. o ll=o NT~.. COed I'-- 1N C. CERT. OF AtFFt4OR~TION 843:~ DATE: Scptc-raber 21,2001 .~ . Pr'md,ina Companies, In(:. SUBJECT: Bo),nton Beach Medical Pavil/on, Boynton Beach. Florida Pr¢]/rninary and Final Civil En/~ne.~rMg S¢rvice~ Project Progress Update DCI010010 pUrsuan! ~o your request, thc following i.s a bricf"mapahot" view of the status o t'the civil engineering portion o£ the r¢£erericed project; .Prelimiaary Si~e Eniiaeen.'~? Ptelimina~ site engineering services an: estimatecl to b¢ 100% complete, Final Site Entin~r/n~ Final site engineering serv/ces are estimated to b~ sktbstnm~ai]y complete. We have prepared plans for on-site paving, grading, draimgc systems and on-skc potable water, fire and sanitary sewer utility services. · We have coord/natcd our project with other cor~sultants assochtcd w/th off'sim water, ~wer and o~.'itc roadway work. 0_u-site En~J~ee_rt_ .np.~Perm ittin F Fhla] on-site engineering l~rmitfing scrv/ce$ are estimated to b~ about 23% compJctc. "ERP ?erm/t with SFWIqvfD - Secured w/th a "1%To Notice Pernlk". LWDD - Not requ/r~. PBC Land ~pn~nt permit - Applied lot on September 14, 2001. - Cily of Boynton Beach Land Dcveloprm:nt (On-site and Drainage) - Subm/tted pla~ informally for preliminary review on September 3, 2001. " City of Boynton Beach Utilities (Water & Sewer Utilities). Submltted plans lb r informally preliminary review on September 3, 2001. · City of Boyaton Beach Fir~ Marshal - Submitted plans informally for review on Scptcm~r 3,200 I. · Palm Beach County Health DcptJI-tl~ (Water Utilities) - Pending approval from City of Boynton Beach. · .Palm Beach Cotmty Health Dept./HRS(Sewer Ut~ities) - Pending approval from City of Boynton Beach. Site Construction Ob~rvati~n,~ Hd C,* .rtifi.estion " Pending perm~ approvals. =;' ~£,"43'~'~A CO¢~STRLJCTION DEPT; 561 766 go4B; 00T-4-02 12:3~; PACE 2/4 = 2089 APP~O~ T~iL B WE~IN~ON, FLORIDA 334 TEL. & F~: (561 ) 792-7551 D ~.D~FO~.CO~ CER~CA~ OF A~HO~TION NUMa~, ~32 X MEMORANDUM DATE: 5e~tem~ ~7, ~00~ TO: ~. Br~ Moc~ Coercion M~ FROM: Eugc~ A. D~ontc, P.E. SUBJECT: Bo~ton B~h M~ica] Pa~n, Bo~ton ~c~ Pmje~ Pm~ Update DCI010010 ~ion of the mf~nc~ Prc~ site ~g~c~ s~ccs ~ 100% ~mplete. ~lnal Site En~in~Hn~ F~ ~te en~r~g se~ces ~e ! 00% co~letc. ~n-site En~in~Hnf Pe~J~tlnF L~DD - Not P~C ~d D~lop~nt pe,,,Jt ~ Sec~ed ~ Oecem~r 2~ (At a~ut t~ ~c a ~p work order ' Wc ~ "p~k~ up" ~ ~ on S~em~r 26, 2~2 ~d ~ql ~l the o~gi~Js for yo~ sJg~. Ci~ ofBo~ton B~h L~ ~c~at (~-~tc ~d ~a~) - The Ci~ ~ rc~c~ ~c project al th~ time. We e~cct co--ts ~ ~ ~ nc~ wcck. Ci~ ofBo~ton B~ Ud~t~ (Wa~ & Sewer Uti~d~) Re-~b~ to t~[~ co~ c~ct~ a~t w~k. Wc ~ nccd ~ chc~ ~ ~ ~t of~,106.72 p~r to fi~ ~rov~ ~ rescue Thc 2" water ~ Beach Co~ He~ Dept.~ ~atcr Utilid~) Pcr~d~g a~rov~ ~m City ofBo~ton ~c~ Ex~ct ap~v~ ~ ~o~ 2~2. ~ ~h Co~ Health Dc~.~-~S~ Pcnd~ ~pro~l ~om Cky of Bo~ton Brach. Exper ~pmv~ ~~r 2~2. PALM llEACll COUNTY LAND DEVELOPMI,:NT DIVr,$ION ~ ~o RJGItT-OF-WAY CONSTRUCTION PEILMIT f'f'l Pe.'m/t :n~rt valid umess pinl~ c~v Is PERMIT NUMBER: after pig up ~. ISSUANCE DATE: ~0, ~lm [each_ Land u~w~s~m~n[ DMs~on EXPIRATION DATE; lnOamtmb. Aw., I~xn 203 WestPa/mae~,Fta$406 S3.~. Ta.~, p, 4_2 FEE: S_823.1 ~ PEI~.MI'I'I'EE.. Rcndina Compani=s REP: Eugene A. DiFonlc, P.E. 3g01 PGA Boulevard, Suite 5,55 . Palm Be. ach, FI. 33410 (561) 792-755 I LOCATION: ~CREST I:JOUI,F, VARD . MODIFY EXISTINC DRIVEWAY AND CONSTRUCT ADJACENT SIDEW~I.K API'ROXIMATEI,y 200 FEET $0[rrH OF SE 27th AVENUE. R-Et:F. RENCED ?LAN.~ Project No. DC10101O Dwffs. 1-5 of 9 Pem~it is hereby Bt:rated for thc work within Lhe right-of-way ~ shown on the rc£erenccd plar~, subject to the applicable Conditions on back u£this permit, and £he following conditions: 1) Contact the Con~tructlon Coordination Divi.~iua at (561) 684-4180, 48 hour~ before commencement of work. (See Condition Numln:r I on Ihe back of thL~ permit.) 2) The permittce or duly authorized agent for the purmittec, shaU be responsible for notifying the Municipal Administrator ur Clerk of C..iey o£ Floynton Beach 48 h-urn prior to commencement al' work. 3) The permittee shall submit to the Land Development Division a nighed and sealed certification eLr oomph:tipn ['or thc above work ['rom the enRJneer.ol'.reeord' referencing the permit namber and indicatingithcWork wa~ completed in substantial accordant,, with the approved pJann. 4) The permit[tee ahall be rc.~ponslble R~r submLssion ufa traffic control plan to Ed McClane with tile Palm Beach C. 0unt~ Traffic Division. Ilo can be contacted at (56I) 684-4030. The plan ~hall bc nubmiHcd a minimum o1'2 week~ before construction and the pcrmittcc shall ensure coordination takes plac~ £or the plan to be approved prior to constructio.. ['his permit shall become void iCthc pink copy of the I.~rrair is not sik, ncd and rt:mrncd to thi.~ ot~cc w/thin 15 days afLcr a, iekup; or, if r~turned, Condition Number I on the back e[this permit is not complied with, It' a Building Department ~ate,d,.as being cop/ed below, we are sending that Building De anment ivcd " ' .C_ OUNT V ~ROVAI - iGNATUF, I': OR DULy AIdTI IOR/ZED AGENT): K. S. Roger~, P.E., Director a~ence B. Jur~, ~CCuLtve ~lce President PLEASE PR~'[' O~' .u ~c~:~e, Palm ~cach Co. 'r~fic Divi:ion Eugene A. DiFonte. P.E. - DiFonte Consuhing, ~ncorpo~ted Petmi~ee w/plan, City of Boomn Beach - Building Depmmcnt . EXHIBIT "F" Conditions of Approval Project name: Boynton Beach Medical Pavilion File number: ADAP 02-001 Reference: None DEPARTMENTS INCLUDE REJECT 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/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Medical Pavilion~ADAP 02-002\CCA Boynton Beach Pavilion.doc