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REVIEW COMMENTS DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-097 TO: Chair and Members Community Redevelopment Agency Michael RumpK\~ Director of Planning and Zoning THRU: FROM: Maxime Ducoste:A~ . Planner r W'-> DATE: May 3, 2004 PROJECT: Schnars Business Center / SPTE 04-003 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: 924 Venture L.L.c. Applicant/Agent: James W. Mahannah P.E. / Schnars Engineering Corporation Location: SE corner of NE 9th Avenue and North Federal Highway (see Exhibit "Aft - Location Map) Existing Land Use / Zoning: Mixed-Use (MX)/Mixed-Use Low (MU-L) Proposed Land Use/Zoning: No change proposed Proposed Use: 8,754 square foot Professional Office Building Acreage: 22,838 square feet (0.52 acres) Adjacent Uses: North: N.E. 9th Avenue right-of-way, and farther north, Boynton Beach F.O.E. #3944 lodge building, zoned C-4; South: An auto repair business (Neal Autohaus Auto Repair shop) zoned C-4; East: Single-family neighborhood, zoned R-1-A; and West: North Federal Highway right-of-way, and farther west, a retail business (M&M Appliances), zoned C-4. BACKGROUND Mr. James W. Mahannah P.E. of Schnars Engineering Corporation and agent for 924 Venture L.L.c. is requesting a one (l)-year time extension, for the site plan approval (NWSP 02-024) originally granted on February 18, 2003. Traffic concurrency was also approved at this time, with a stated build-out date of 2003. The property, zoned Mixed-Use Low (MU-L), is currently a vacant, undeveloped parcel approximately Page 2 Memorandum No. PZ 04-097 0.52 acres in size. The intent of the project is to construct a three (3) story, 8,754 square foot office / retail building (see Exhibit - "B"). If this request for extension were approved, the expiration date of this site plan, including concurrency certification would be extended to February 18, 2005. ANALYSIS On February 18, 2003, the City Commission granted site plan approval for the above-referenced project. This site plan approval was subject to 12 conditions of approval. All project conditions of approval pertaining to the site plan would still apply. According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". It states further that the City Commission may extend the approval for one (1) year provided that the applicant has filed a request for a time extension prior to the expiration of the original approval. In this case, the applicant has met the requirement. The Planning & Zoning Division received the application for a site plan time extension on February 12, 2004, prior to the expiration date. After Commission approval, the applicant submitted applications for building and for paving and drainage permits in May 2003, which were voided due to inactivity in November 2003 and January 2004, respectively. As stated in the request, the applicant has been delayed because of inability to locate suitable tenants required to secure financing. RECOMMENDATION Staff recommends approval of this request for a one (l)-year time extension of the site plan approval (NWSP 02-024) with the condition that the applicant obtains traffic concurrency approval to extend the build-out date accordingly. This positive recommendation is based on the fact that no changes have been made to the Land Development Regulations that would impact this project since it was approved in February 2003. Approval of this request for site plan extension would extend the project's expiration date to February 18, 2005. All conditions of approval included in the initial development order must still be satisfactorily addressed during the building permit process; however, any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "c" - Conditions of Approval. S:IPlanningISHAREDIWPIPROJECTSISchnars Business CtrlSPTElStaff Report.doc Location Map SCHNARS BUSINESS CENTER EXHIBIT "A" i ! I' ' I I ' : : I ! ! ! ; i ~ i 1- : : ! I I ! ' ~ 1 ; I (' ! I ! i 10: 1(1) i I H I I I I I I I I I I I I ! PU ._~-------_..-----' iil ! i NE 6THic~ ~ ---J ,/ 'I I I. 1 : ! Ii! 'Z! 111i1' \~I .-,!\ i(J) : I 111 \ 1 i, I\~ Hie , \ II I I I I o II ~I I I w~, i!; lit I~~ r." ;!!~ " HIl SI'; "1 ~[i r-i 'il! ~. ll: ~ , ~! Ii '1 ~ Ii ~~: ~ ~ ... ~~. n l!i! _ ~ ii 0 g LJ ;p ".. c ;x ~a I~ a ~ ... (J) z Ai P. I n ("") 6 :r .. z c )>- '" ;;c ... ~ (J) m !I z G> ~ Z m i m ;;c Z !i G> ("") I 0 ;;c I :0 "' i S! z ~ ~ (J) "' ("") m :r ~ Q z ~ ill ,.. (J) ,.. CD .~ c: (J) Z ~!! .. m C> U> U> ~ ("") m Z ,.. rri ;;c ~ ~ l ~~ ~lB~ ~ ""9 " , J:~ , {" ~ ~ U> ~ m " .- ~ . ----on · l'i =:;:.--- IJ~ ~ I .. ~ i = : j; ~I ~:I<~: ;;; li i!i M- Ol or,- ~ ~ i~ '211 ;2 !, -, . ~. r:i In' a E I!' l i! '1= .. ~ '0"11 'Ill !i 11 il'l !! I~! In I~ ,I I J N ~ N '" Ii Ii ~~ Ii ~ ill .., Ii if 1= J; I . i . ~a = I ___A .. -.. ...... I : G i , -- ...1 EXHIBIT "B' --- 1:)0 o. ~~ x)> " .. "EB Ji ~ ii . ~ z ,- (') . ~ --! --? ':f ~ ,. I" ,.. r- :- ~ · 'i II II I'.". i~ 'I~ z 1.1 E =1 ill.! al i ~ · r i j .fih ;1 r:. i.1 . ii .isl,s '= ii Z II' . i~ 11"!'1i 1= d !:l ; i I~;!t liE! i U !!l ! i: I ! I!;;iil i II . i. ,"IGo! I I h I I 151:1; · Ii "" i .~"' · .. i I ~ '~!'i I · Ii! II .I.all ! ~ ~ ~; 'i"S' i J i · i i" ilIl~P!i J;; & ll- i_I:) ~i lIH ~ )> ~iil li\~B~~ r- i.. 0 .~ i. !'aii!~ Cl ~ lII~h= 0 ~~ ~~jp ~ h L~_~ = ~ ~'-a:~ 0 s ~~i~; a:: i iI__~_ !1 ~~~~i ~ ... ~. :II ~ :E~~ ~ ~.: ~ ~ ~ 11m! iW 11I1 IIII!; nH ; ~ ~ ; i_~_~e ~~..~i If~r .. ~ . .~ ~ na ~Ji~j I ~ ~ !t ~ . . . ~ ; != ; nn u -~. ~l ~ ':~; ffiz j~;... . ........h...........~~ 5 o )> ~ o z: ~ )> ~ ~~l. ~..~.~ ~ EXHIBIT "e" Conditions of Approval Project name: Schnars Business Center File number: SPTE 04-003 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: 1. Submit a revised traffic impact statement meeting the Traffic Performance Standards of Palm Beach County Traffic Division prior to issuance of a building permit. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S :\Planning\SHARED\ WP\PROJECTS\Schnars Business Ctr\SPTE\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Schnars Business Center APPLICANT'S AGENT: James W. Mahannah, P.E. APPLICANT'S ADDRESS: 951 Broken Sound Parkway Suite 108 Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 11,2004 TYPE OF RELIEF SOUGHT: Request a one (1 )-year site plan time extension for Schnars Business Center. LOCATION OF PROPERTY: 924 North Federal Highway, Boynton Beach DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 Community Redevelopment Agency 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 the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Schnars Business Ctr\SPTE\DO.doc