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AGENDA DOCUMENTS (]fl ....( .( .... ..1-- . ,,' ,'~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine Dates in to City Clerk's Office Meetinll Dates in to City Clerk's Office D August 3. 2004 (Noon.) July 19, 2004 D October 4, 2004 (Noon) September 20, 2004 D August 17,2004 (Noon) August 2, 2004 D October 19, 2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August 16,2004 [2J November 3, 2004 (Noon) October 18,2004 D September 21, 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November 1, 2004 D Administrative D Development Plans NATURE OF [2J Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Armouncement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the November 3, 2004 City Connnission Agenda under Consent Agenda. The Planning and Development Board recommended that the subject be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-244. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Berry Veal (SPTE 04-009) Alan Gioia, Berry Veal Corporation Berry Veal 1421 Neptune Drive Request to one (I) year time extension of the site plan approval granted on August 3, 2003, from August 3, 2004 to August 3, 2005. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A Develop City Manager's Sigualure --f~ - - -- :r ItI2-. /' Plamting and Zoning D' ctor City Attorney / Finance / Human Resources S:lPlanningISHAREDlWPIPROJECTSIBERRY VEALISPTE 04-009IAgenda Item Reqoest Berry Veal SPTE 04-009 11-3-04.doc S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-244 TO: FROM: Chair and Members Planning & Development Board Michael RU~~ Director of Planning and Zoning Ed Breese ?<!T; Principal Planner THRU: DATE: October 12, 2004 PROJECT: Berry Veal / SPTE 04-009 REQUEST: Site Plan/Conditional Use Time Extension PROJECT DESCRIPTION Property Owner: R.A. Realty / Alan Gioia Applicant: Berry Veal Corporation Agent: Alan Gioia, Berry Veal Corporation Location: 1421 Neptune Drive (see attached map) Existing Land Use/Zoning: Industrial (I) / Industrial (M-l) Proposed Land Use/Zoning: No change proposed Proposed Use: Expansion of existing Meat Processing Plant Acreage: 1.338 acres Adjacent Uses: North: L-29 Canal right-of-way, farther north Carriage Polnte Townhomes (fka Arbolata Townhomes), currently under construction, zoned PUD; South: Neptune Drive right-of-way, farther south Oceanview Limousine and Shutter Products International, zoned M-l; East: Sir Electric, Inc., zoned M-l; and West: Dixie Metal Products, Inc., zoned M-1. BACKGROUND The subject lot Is located in an Industrial park on the east side of South Congress, a few blocks north of the dty's southern limits. Berry Veal has operated from this site since 1985. The company, In 1999, considered expansion plans. At that time, the applicant, based on a recommendation from staff, requested Page 2 Memorandum No. PZ 04-244 a code amendment to better define their operational characteristics. The City CommIssion authorized the code amendment In the M-l zoning district regulations under conditional use (Chapter 2, Section 8, AA.e.), which reads, "Cutting of sub-primal portions of meat and pre-cut poultry Into serving portions including packaging and shipping". Staff has previously toured the facilities and witnessed the process and the cleanliness of the operation. Berry Veal has a resident USDA inspector to monitor the dally operations. ANALYSIS The Applicant applied for Conditional Use approval (COUS 03-005) to expand their operations and on August 5, 2003 received approval from the City Commission, subject to 23 conditions. All project conditions of approval pertaining to the conditional use would stili apply. The proposed expansion would enlarge the "deep freezer holding area", the "holding area" and the "storage area", as well as the creation of a "storage mezzanine". The parking lot would be re-strlped, including the designation of a fire lane and ADA accessible route. A new dumpster enclosure would be created with the associated landscaping. All newly constructed portions of the building are designed to be compatible with the existing structure. The new construction is proposed at the rear of the building, not visible from the public street. 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 caser the applicant has met the requirement. The Planning & Zoning Division received the application for a site plan time extension on July 20, 2004, prior to the expiration date. After Commission approval, the original architect, Mr. Jaime Plana, withdrew from the project for personal reasons, and the applicant has had a difficult time retrieving pertinent plans and Information to submit for building permit purposes. As such, the applicant has hired a new architect to complete the process of obtaining the necessary permits. RECOMMENDATION Staff recommends approval of this request for a one (I)-year time extension of the site plan and conditional use approval (COUS 03-005). This 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 2003. However, since the build-out date in the County's Traffic Performance Sign-off is 2004, the applicant will be required to provide the City with an updated concurrency letter of approval from Palm Beach County Traffic Engineering, prior to issuance of any permits. Approval of this request for site plan and conditional use time extension would extend the project's expiration date to August 5, 2005. All conditions of approval Included in the initial development order must still be satisfactorily addressed during the building permit process, along with the addition of the updated traffic concurrency approval mentioned above. Any conditions of approval recommended by the Board or reqUired by the City Commission will be placed In Exhibit "C" - Conditions of Approval. S:\PIannlng\Shared\Wp\Projects\8erry Veal COUS \SPTE 04..oo9\Staff Report.doc ..... LOCATION MAP BERRY VEAL EXHIBIT "A" , :} F 7 J/ <. q: ~~, [ } _..- (, \( ,~'~ .. II I ~';' . . ~/ \ I-~u CJ ~~ ,,<:I;'j" ~ . 'J LUI:4.CJ \\" :."v . . , I .*' . ,- ~ , \~\" ;:'~">':" \ \{ - ....: "1 . , .,' :: I .... ' ,.; . . : ; ':' . , ' , ~~'::=' .:.... .:::':: 'I R'4t . ':; ~. - ~ :; ./ '~_/;=---"-'-, . --- r~~ I~ J ~.~. :\ /1 ..' ~:>;. . A ,M1. EXHIBIT "B" Conditions of Approval Project name: Berry Veal File number: SPTE 04-009 Reference' 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: 1. All nrevious conditions of aonroval must still be comnlied with. X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. The applicant must submit an updated traffic concurrency approval letter X from Palm Beach County Traffic Engineering, which extends the build-out date, prior to issuance of any permits. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:lPlanning\SHAREDlWPIPROJECTSlBerry Veal COUSISPTE 04-OO9\COA.doc DEVELOPM[ r ORDER OF THE CITY COMMIS IN OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Berry Veal APPLICANT'S AGENT: Alan Gioia APPLICANT'S ADDRESS: 1421 Neptune Drive, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 3,2004 TYPE OF RELIEF SOUGHT: Request one year site plan time extension to the major site plan modification originally approved by the City Commission on August 5, 2003. LOCATION OF PROPERTY: 1421 Neptune Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 TH IS 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:IPlanningISHAREDlWPIPROJECTSIBerry Veal COUSISPTE 04-009IDO.doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of aaenda reauest (with back UDl to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Commission Meeting Dates Au ust 3 2004 Au ust 17 2004 D Se tember 7 2004 Se tember 21 2004 October 4 2004 D October 19 2004 November 3 2004 November 16 2004 Deadline for Submittal to City P &. D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e. . Exhibit "A' Department Head's initials: ~ Berry Veal (SPTE 03-009) Please do not write in the shaded area below. Legal Departmehtsignature D ITEM REl1JRNED FOR THE FOLLOWING REASON(S): Signature(s) missing D Incomplete submittal D Missed deadline D Other D Reason: City Manager's signature D Person contacted to pickuprejectedn~q\Jest by bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover Sheet Checklist Aug 3 - Nov 16, 20D4.doc on (Date)