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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM D Preliminary Draft 0 Revised Draft [] Final Submittal Requested City Commission Meeting Dates D December 3, 1996 D December 17,1996 D January 7,1997 D January 21,1997 L8J April 15, 1997 Date Final Fonn Must be Turned into City Manager's Office November 25, 1996 January 15, 1997 Requested City Commission Meeting Dates D February 4, 1997 D February 18, 1997 D March 4, 1997 D March 18, 1997 Date Final Fonn Must be Turned into City Manager's January 29, 1997 December 11, 1996 February 12, 1997 December 30, 1996 February 29, 1997 March 12, 1997 NATURE OF D Administration D Bid D Legal D Consent D Public Hearing D Unfinished Business D Presentation D New Business . Other Development Plans DESCRIPTION OF AGENDA ITEM (attach additional sheets and supporting documentation if necessary) Project: Brisson Medical/Office building Agent: Dale Brisson Owner: Dale Brisson Location: Southwest comer ofS.E. 23111 Avenue (Golf Road) and S.E, 2nd Street. Description: Request for a 20 month retroactive time extension for a major site plan modification and concurrency to expire October 21, 1997.. RECOMMENDATION The Planning and Development Board, with a 7-0 vote, recommended denial to extend the requested time extension (see attached comments in Exhibit "0" - Conditions of Approval). 1: /J. ~ ~~ ..:.,.,...- Department ,.d's Signa~ City Manager's Signature S:\projects\brisson\AGENDANW PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 97-146 Agenda Memorandum for April 15, 1997 City Commission Meeting TO: FROM: Kerry Willis City Manager Tambri J. Heyden, AICP 1fjIJ Planning and Zoning Director DATE: April 9, 1997 SUBJECT: Brisson Medical/Office building - Site plan time extension SPTE 97-002 Please place the above-referenced item on the April 15, 1997 City Commission agenda under Development Plans. DESCRIPTION: Dale Brisson, the owner of the property at 305 S.E. 23rd Avenue, is requesting a 20 month retroactive time extension for a major site plan modification and concurrency to expire October 21, 1997. The location of the property, zoned Neighborhood Commercial (C-2), is the southwest corner of S.E. 23rd Avenue (Golf Road) and S.E. 2nd Street. For further details pertaining to this request, please see attached Planning and Zoning Department Memorandum No. 97-129. RECOMMENDATION: The Planning and Development Board, with a 7-0 vote, recommended denial to extend the requested time extension. (see attached comments in Exhibit "0" - Conditions of Approval). In general, the Board felt that past procedure to approve time extensions was appropriate given the economy during the early to mid 1990's. However, since that is no longer the case and since the only "good faith" demonstrated by the applicant was issuance of a demolition permit, which expired with no activity due to financing problems, the Board felt this request should be denied. T JH:dim Attachments xc: Central File PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 97-129 TO: Chairman and Members Planning and Development eo~rd .~ [ . (j (,~ t)jYl Vu_ {L '- Tambn J. Heyden, AICP ~'I,7 P Planning and Zoning Direct , THRU: FROM: Michael E. Haag Current Planning Coordinator DATE: April 1, 1997 SUBJECT: Brisson Medical/Office building - Site plan time extension File No. SPTE 97-002 NATURE OF REQUEST Dale Brisson, owner of the property at 305 S.E. 23rd Avenue, is requesting a twelve (12) month retroactive and an eight (8) month time extension (for a total of 20 months) of the one year life of the previously granted site plan approval (see Exhibit "A" - letter of request). The location of the property, zoned Neighborhood Commercial (C-2), is the southwest corner of S.E. 23rd Avenue (Golf Road) and S.E. 2nd Street, as illustrated on the attached location map - Exhibit liB". If approved, the request would extend the expiration date of the site plan to October 21, 1997. BACKGROUND On February 21, 1995, the City Commission approved the Brisson Medical/Office building site plan (file no. MSPM 94-008), subject to staff comments. The site plan request included converting an existing, vacant 5,960 square foot building, formerly occupied by a restaurant/bar (Chuckwagon Restaurant) to a medical office building (see attached Exhibit "C" - approved site plan, subject to staff comments). In connection with the site plan approval, the City Commission approved a landscape appeal which allowed a reduction in the width of the perimeter landscape strip from five (5) feet to three and one half feet at two specific locations along the S.E. 2nd Street and S.E. 24 Avenue rights-of-way. Chapter 4, Section 5 of the City's Land Development Regulations indicates that the City Commission, at its discretion, 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 extensions, the City Commission may impose additional conditions to conform the site plan to current development standards. ANALYSIS The request was filed one (1) year after the site plan expiration date, as the site plan was valid through February 21, 1996 and the extension request was filed February 27, 1997. The applicant indicates in his letter of request that they need eight months to obtain all necessary approvals to receive building permits. As indicated in the site plan ordinance, securing a building permit vests the site plan. It should be noted that although the code requires time extension requests to be filed prior to the expiration date, previous administrations have processed all requests for time extensions. The requirement to timely file time extensions was inserted into the code when the city adopted its concurrency ordinance in 1990. At that point in time, in addition to the normal objective of preventing undesirable or speculative projects from hanging on to an approval without activation, there also became the need to not allow concurrency capacity to be tied up by projects that were not showing any good faith in proceeding. Staff continued to process all time extension requests, with the rationale that approval recommendations would be (and are) based on evaluating changed land use conditions, requiring a capacity reservation fee and assessing the impact any new land development regulations would have on a master plan or site plan to determine whether significant plan modifications would be necessary. These criteria are informal, with the I Page 2 Memorandum No. 97-129 Brisson Medical/Office building SPTE 97-002 exception of reservation fees. Therefore, if the Board and Commission feel a need to change the staff policy or feel there are adequate protections in these criteria (which should then be codified), direction should be given. With respect to this particular request, there have been changes in codes since the site plan was approved. However, compliance with them would not significantly alter the approved site plan, enabling the site plan to be modified as part of the permitting process. Also, Golf Road has been targeted through the 1989 Comprehensive Plan and the 1996 Visions document as an area needing improvement. Many of the homes have been converted to create a medical office corridor and this site plan further carries out that intent. Vacancy of the building would also eliminate the unsightly condition of the building. RECOMMENDATION On March 11, 1997, the Technical Review Committee met to discuss the request and the consensus of the Board was to abide by the code and deny the request; requiring a new site plan application to be filed. Find attached Exhibit "D" - Conditions of Approval for specific omments. MEH:dim brisson ~ E~'." B rr ",," n , rn ffi @ffiO\Yffi~ 'n ') - !ll',.J( .' .. PLANNING AND ZONING DEPT. To: Tambri Heyden Director of Planning & Zoning City of Boynton Beach From: Dale Brisson Re: Site Plan Extension Approval Dear Ms. Heyden: We would like to request an extension on our site plan. We request it be retroactive from the date it became null and void,2/21/96. We also would like to request 8 months in obtaining all necessary approvals. If you have any further questions, please don't hesitate to contact Dale or myself at (561) 498-3833. 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HI ; (/ . :: I '-J " - - T~ 1,.1 r: .;~~. ./'; ",', ~nTT - !~~~ REC · :J-;~ ,:'L' \~ ~ /r 1 bfffi I iit:;~" __ ~ ..'~ Li \--, _' . z'l,,:, f I ~.~~I ~ ,!~,--~_~,J l i '" · ;, ' ~~ , , r- / / ~ Of If I L..1;tj~: ~ : ~.. ~- I ~ ~. ..... I 'U \" I II J' \I I.:, , L' ...... :.' ~ . /h.-. ":'1 I 1III I ; ,- ~ r[{f' - " "I I r~ ' : ~ r/ I .-~~ t "; 1 i r-~t!~ J ~! g-',-~ ;1 r 1 ~ ~l~r': ~ ~:~ ~: ':Cc'.r!AR f; '".i -,: [1 '-, (1 r f-I- 1 S~ l}"~ .rL -1 -if.-, I r 'i i JfT I -r I I - - I-I IJ l 11-1- I : X\ t' ~ - j ,. '1_LLI ----, ~ ..!.:. ~ Ffr. '~"''';~~1 II r ,~ ;. >:.l" .'-~f:=1 ~ I 'll ',= Ir =~.:: r R ~1 A-A : rJ ,:'1.0 ~fjjrr-: ~-- ~ . ~ __ R~ J:~. --... 7 I . V ~~ : I-r' · TT .0, 1/8 MILES ~= I k; Ii ' ~ = "'] ~ ,"" III" I I. . ~ REC I ... .' ,. ~I". cor \~-- c r;>>~.ge f- L.... : I. I- EXHIBIT "c" Cl ~ " :D ~ I I c (J') - I ~ I m I " ): I I Z I I I (J') I c I CD c.. J m I ,; I ~ ...." ~.. 0 I ,~ I r ..& (J') J ~ . I I I -n 0 I 0 I ~ I ~ m I I Z I -t r Cf) .'1.:1 I PHP.I.IMINARY SITF. IMPRO\'F.M~~Nl'~ P'AN , 1'1 IIIW:;SON ME:O/['AI. .. OFI.'I('E Ill1IWINCj N N .' lOTS I:J 4lc I ~ l'Aue Itt:Al'1I I'III'N ry IlulllllA s.1: 2. A~~ I :H Of . ~. !h t . ~. . .... ..... {.~ ...( t . J .- A~. _ _ -.,.-=' I I _ U. 2J A\€~ · t t . '., I ' , ... ~ . ' .\ : '. ,f ':\.... ., \' . ~ TIIOMA~ .' T\VOMf.Y r E .!uo.! ,; IlIXI.: II"Y 'H::;T "~I.1I 1It:~II/. tWRI/IA I'tli'>> n t! .(U;:.: i - = ~ EXHIBIT "0" (I EXHIBIT "0" Conditions of Approval Project name: Brisson Medical/Office building File number: SPTE 97-002 Reference: Site Plan Time Extension File # SPTE 97-002 Planninq and Zoninq Department Memorandum No. 97-129. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: 1. Since the original site plan was submitted there have been many changes in the building codes, as well as to the Land Development Requirements. The applicant's original submission has gone past the original time limit and should be submitted and new site plan that will meet all of the new requirements. Therefore, it's recommended that the request for extension be denied. UTILITIES Comments: None FIRE Comments: None POLICE . Comments: None DEVELOPMENT DEPARTMENT Comments: 2. The Land Development Regulations clearly provides for an approved site plan to expire in one year, if a building permit is not issued. The City Commission may extend the approval of a site plan for a one year period, provided it is requested within the aforementioned time period (Chapter 4, Section 5, LDR). Since this project was approved more than two years ago without any activity towards getting a building permit, the request being made is in violation of the City Code. The applicant did not request a time extension prior to 2/21/96 (deadline to obtain building permits). The applicant did not request a retroactive time extension prior to 2/21/97 (deadline for 1 year extension, had one been granted). Since the original approval was granted, revisions to the LDR have been made. Therefore, denial is recommended. 3. It is recommended that the applicant be made aware of the current code and be required to submit the project as a new application for complete review and processing. PARKS AND RECREATION Comments: None FORESTERIENVIRONMENT ALlST Comments: None PLANNING AND ZONING Comments: 4. It is recommended that the landscape appeal granted also be extended. 5. It is recommended that the City Commission approve the site plan extension and that the permit plans comply with the previous conditions of approval and current Land Development Regulations. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 6. It is recommended that this request be denied. 7. To be determined. Ibme s:lprojectslbrissonlcondeppr. wpd B. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Old Dutch Mill Seafood Market George C. Davis Scott and Mary Jo Bills 1022 North Federal Highw;ay PARKING LOT VARIANCE - Request relief from Chapter 23 - Parking Lots, Article II. Section H.3 to allow continuance of a driveway onto Federal Highway, 74 feet from the intersecting rights- of-way lines. VIII. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS IX. DEVELOPMENT PLANS: A. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: B. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: C. PROJECT: AGENT: OWNER: LOCA TION: DESCRIPTION: D. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: E. PROJECT: AGENT: OWNER: lOCATION: DESCRIPTION: X. NEW BUSINESS: . Old Dutch Mill Seafood Market George C. Davis Scott and Mary Jo Bills 1022 North Federal Highway MAJOR SITE PLAN MODIFICATION - Request for approval of a major site plan modification to remodel the existing building exterior, add a 100 square foot addition and reconstruct the parking lot on .25 acres. Brisson Medical Building Monica Brisson Dale and Monica Brisson 305 SE 23rd Avenue TIME EXTENSION - Request for approval of a 20 month retroactive time extension for a major site plan modification and concurrency to expire October 21, 1997. Grove Plaza Julian Bryan and Associates Dr. Walter H. Janke and Ms. Alice Fay Southeast corner of Hypoluxo Road and Lawrence Road TIME EXTENSION - Request for approval of a one (1) year time extension for subdivision master plan approval and concurrency to expire March 19, 1998. Crystal Key at Woolbright Place PUD Kenneth H. Kruger, P.E. Kennedy Homes East side of SW 8th Street approximately 2,200 feet north of Woolbright Road SITE PLAN - Request for site plan approval of a .32 acre recreation area to include a pool, cabana and parking facility. Hampton Inn at Quantum Corporate Park George F. White A.I.A. and Associates, Inc. Boynton Beach Hospitality, Inc. Northwest corner of Gateway Boulevard and the E-4 Canal SITE PLAN - Request for site plan approval to construct a 65,816 square foot (107 rooms) hotel complex on a 3.57 acre lot (Lot 1) in Quantum Corporate Park. A. Items for discussion requested by Vice Mayor Jamie Titcomb 1. Staff report for INSTALLATION of SPEED HUMPS to be used as traffic calming device on SW 4th and SW 5th Streets 3 2. Staff report regarding ANNEXATION of OLD DIXIE HIGHWAY XI. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 097-05 RE: AMEND CHAPTER 2 of the Land Development Regulations, providing that VISUAL OBSTRUCTIONS are to be MAINTAINED AT A HEIGHT NO GREATER THAN TWO FEET SIX INCHES above street level and WITHIN THIRTY-FIVE FEET OF THE INTERSECTION of the right- of-way lines of two streets TABLED 2. Proposed Ordinance No. 097-10 RE: Amend LAND DEVELOPMENT REGULATIONS to create CHAPTER 10, "TELECOMMUNICATIONS TOWER AND ANTENNAS" B. Ordinances - 1 st Reading: 1. Proposed Ordinance No. 097- RE: Establishment of a LOCAL HOUSING ASSISTANCE PROGRAM pursuant to the requirements of the STATE HOUSING INITIATIVES PARTNERSHIP ACT C. Resolutions 1. Proposed Resolution No. R97- RE: Supporting the 1997-2000 LOCAL HOUSING ASSISTANCE PLAN (Incentive Plan) for the City of Boynton Beach, established pursuant to the STATE HOUSING INITIATIVES PARTNERSHIP ACT D. Other 1. Proposed MARINA DEVELOPMENT AGREEMENT XII. UNFINISHED BUSINESS: XIII. OTHER: XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HEISHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE. WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAl IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (407) 375-6013 AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. 4