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. ~
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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.
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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.
Sincerely, ,
~Z~~c B'~ t?:
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EXHIBIT "B"
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,LOCATION MAP
,BRISSON MEDICAL CENTER
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EXHIBIT "0"
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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