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
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· 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