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REVIEW COMMENTS 7.A.1 BERRY VEAL (SPTE 04-009) SITE PLAN TIME EXTENSION DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-244 FROM: Chair and Members Planning & Development Board Michael Rumpf'\ ~ Director of Planning and Zoning Ed Breese ~ Principal Planner TO: 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 (1) / Industrial (M-1) 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 Pointe 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-1; East: Sir Electric, Inc., zoned M-1; and West: Dixie Metal Products, Inc., zoned M-l. BACKGROUND The subject lot is located in an industrial park on the east side of South Congress, a few blocks north of the city'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-1 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 daily operations. ANALYSIS The Applicant applied for Conditional Use approval (CGUS 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 still 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-striped, 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 case, 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 (l)-year time extension of the site plan and conditional use approval (CGUS 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:\Planning\SharedIWp\Projects\Berry Veal COUS \SPTE 04-009\Slaff Report.doc ". LOCA TION MAP BERRY VEAL EXHIBIT "A" TI[ r TII ~.~ :::::, I "C-Ao;~,- H___ :-~c..~:-~-4 i I '11' .., _ -J C] ~_)! )' j: !"~Iqr\ I .-n--' _).lh --;:. ., ,- ,"{ , IP U) .' ! ~ q', ~~, 8; f! / REC -' - (. ~( ,~'~ .--::~. .,',...... '\:-. - ". .. \,1 .:; "I '7 I L A RH-l EXHIBIT "B" Conditions of Approval Project name: Berry Veal File number: SPTE 04-009 Reference: I DEPARTMENTS I INCLUDE I REJECT I 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 previous conditions of auuroval must still be complied with. X Conditions of Approval 2 II DEPARTMENTS I INCLUDE I 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: To be determined ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Berry Veal CQUS\SPTE 04-009\COA.doc