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AGENDA DOCUMENTS 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 Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 7, 2004 March 15,2004 (Noon.) 0 June I, 2004 May 17,2004 (Noon) 0 April 20, 2004 AprilS, 2004 (Noon) 0 June 15,2004 May 31, 2004 (Noon) 0 May 4, 2004 April 19, 2004 (Noon) ~ July 6, 2004 June 14,2004 (Noon) 0 May 18, 2004 May 3, 2004 (Noon) 0 July 20, 2004 July 5, 2004 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation ~ Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 UnfInished Business RECOMMENDATION: Please place this request on the July 6,2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved, subject to staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No, PZ 04-136. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: New Haitian Alliance Church (SPTE 04-005) Rev, Dieugrand Jacques New Haitian Alliance Church 440 Hoadley Road Request for a one (1) year time extension of the site plan approval granted on June 3, 2003, from June 3, 2004 to June 3, 2005, PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES: N/A N/A N/A City Manager's Signature ~(j~ Planning and Zo g rrector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\New Alliance Haitian Church\SPTE\Agenda Item Request New Alliance Haitian Church SPTE 04-005 7-6-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. 04-136 TO: Chairman and Members Planning and Development Board Michael w. Rump;ytUV Planning and Zoning Director Maxime Ducoste-A. l a. Planner '-t:;J '" THROUGH: FROM: DATE: June 22, 2004 SUBJECT: New Alliance Haitian Church (SPTE 04-005) Site Plan Time Extension NATURE OF REQUEST Reverend Dieugrand Jacques, agent for property owner, New Alliance Haitian Church is requesting a one-year time extension, of the site plan approval originally granted on June 3, 2003. The subject property, zoned R1-AA, is comprised of two (2) rectangular shaped lots totaling 1.9 acre on the east side of Hoadley Road at the southern terminus of the right-of-way. If approved, the request would extend the expiration date of this site plan approval from June 3, 2004 to June 3, 2005 (see Exhibit "A" - Location Map). BACKGROUND On June 3, 2003, the City Commission granted site plan approval for the New Alliance Haitian Church project; a development consisting of a 5,146 square foot church with 240 seats on a 1.9-acre parcel (see Exhibit "B" - Site Plan). The approval was subject to staff comments including roadway improvements to Hoadley Road needed to support new traffic demand, which this use would generate. To date, the applicant has submitted to the Building Division a clearing and grubbing permit application, which was voided in 2002. A new building permit application was submitted on June 1, 2004. ANALYSIS According to Chapter 4, Sec. 5 of the Land Development Regulations, " the applicant shall have one year to secure a building permit from the Development Department." It states further that the City Commission may extend the approval for one year provided 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 and Zoning Division received the application for a site plan time extension, on May 4th, 2004, prior to the expiration date. The purpose of the time limitation is to maintain approved projects in accordance with current development regulations, to free-up infrastructure capacity for active or new development Memorandum No 04-136 . New Alliance Haitian Olurch SPTE 04-005 Page 2 applications, and to expire projects that are not proceeding in good faith. Staff contacted the Palm Beach County Traffic Engineering Division to verify that traffic concurrency approval is still valid for the project. The original approval letter was dated December 18, 2001 assuming a "Build-out Year" of 2003. Since the traffic concurrency for this project expired in 2003, an updated traffic concurrency approval is required through Palm Beach County Traffic Engineering Division. Regarding. water and sewer capacity, the applicant has not reserved capacity with the Utilities Department for the project. This reservation locks in the capacity needed for a specific development for a year at a time. According to the Utilities Department, the applicant would be required to pay the reservation cost for last year and the upcoming year, prior to Commission approval (see Exhibit "e' - Conditions of Approval). Lastly, no applicable new regulations have been adopted since project approval, against which this project should be reviewed. One informal criterion that staff methodically utilizes in the evaluation of requests for time extension is the applicants' demonstration or willingness to complete the project in "good faith". The reason given for this time extension request is related to obtaining additional funds to finance unforeseen expenses related to plan modifications. The applicant has demonstrated willingness by working cooperatively with city's staff. The Land Development Regulations allow for one time extension and in most cases that is adequate. RECOMMENDAnON Therefore, staff recommends that this request for a one-year time extension of site plan approval be granted with the condition that the applicant obtains traffic concurrency approval to extend the build- out date accordingly, which would extend project approval from June 3, 2004 to June 3, 2005. All conditions of approval that were required by the initial development order must still be satisfactorily addressed during the building permit process. If additional conditions of approval are required by the Board or City Commission for the approval of this request, said conditions will be included on the attached Exhibit "c" - Conditions of Approval. S:\Plannlng\SHARED\WP\PROJECTS\New Alliance Haitian Church\SPTE\Staff Reportdoc '.. C3 , - ~ z PCD , ~ rt .1 / ... i ~L 1" TO.... o -q e .,~~ ~ .." '1, . .} EXHIBIT "AIf . .tl ;~ .tOI ~, . Location Map NEW AlLIANCE H~IJ'AN GHURCH ~ . R1AA t-!... J =, ~~mr I ) - ". 0trD/ ~ Pi ,/"~ ~ ~- f- TI _f- I-- -~ ~t!t3 k\~ ~~ LJ , //~) ~~ o " I 1/' ~ R3' . "- I II I'D n', I ./ II ~~, . .1 ~ '--- / '. I '~b.J \A I I H -I 'fLIIJI7\~~ C3 ' . V\ -I I ~ -- H UokllL1R\d . 'I'--- ~ ) _ LVi[ KI I I I r- E-4 ~. --r S/TEL.= ' '~ - V' /' 11 ~j ~ R3 ~ _ ~ \ f'Ii ~~~ ,\; I- -1""- Ll I- :- - _ ...-j.! ~-- 1I 1--- 1-__ I- _ _ ==--: " 1 1-_1- - u r(.. I I ~. "., 'i~ " ,I , " . _M wA E ,,' :;. " y 1" 6 '," . : I ~. t . .' 9;. ")i ~r... .,.~, -:"i': ., ,:! . . ! .' .:,'::: . :r;o. . :.. :.~~ . ;'!~ ".J .' , , ;j '!.:' . .:. . "1'\1 .,:. .' i., .... . , . . \1 :. . \ , i i " EXHIBIT "B" ~3- '~ I I . U'/; j i .,. ~ 1 .~ . i I, ~ "" .. ;z: i fl > II "'- \ ~! II ':'j 'I I ~ i i .~ Q 1:1 1ft i ~ r l' ~ ~ I ~ :t ~ ., : .f..~ r : ~.l ..;. .\}: ~ ij- ~ . .~~'.:..z '/~ ,..~. r. 7f7':~.~.~.... .... _ : j.; . . . Ui,IC; 'I! I I ! t, \: H!;. ;. : ,If! Il,r,'-, \ I m+ " - ! !:_II t .,.11:' .1. i, 'I Is:!! : i- . c' ."! - . it.'j'} ~, ,:-: '., . =1" " . Yf ,.'Ii I): i. , 1+11 a . ..' lI]j'- R . . "r-"~__:. .. ..! .:,j., . ~ I .. ". -' ~ 'I . '. ,.,1 ./. f?r.~.f . ' '~p ~~p ~ ~'F~~~ ~,~p~~ ~~ ~ r ~~:~~~~~~~t :,ii;IIII::!!li!:II~~lil;I!,I:~'i;~~:;IIII~:!1 : : -; ~~ I ~jSI~III!li~ I,nut III !~illgilj!! Ii aa lilsl i~ ei I, 12111!1~ d"' I~~! I ;Ii! f II j I~ 1'1/1 1!,lliP ! I!II! ! I .' ~ ! 1.11 I I~ ~: ! j!! . . .'. i, . .,. : ,. '" v ;). ill. Ii. iii;' I~ ~~: ~ ~ . . . .~ ~ Q: '" ~ J~: ;..... ,'." , M:llN.l.uHC:l''''~<:IMIe. '-:-11 . Ii 11, ,. il DON '.BNATORE.' " . ARCHITECT , 3160 N.E. 3rd AVE. OAKlAND PARK, (954) 567-0644 FLORIDA I: "'~'" IIoTt'ItOIIIMO:I. ~fJf.iU ,.,. . ...., '..: EXHIBIT "e" Conditions of Approval Project name: New Alliance Haitian Church File number: SPTE 04-005 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS. Traffic Comments: None X UTILITIES Comments: 1. CODE Sec. 26-34(E) requires that a capacity reservation fee be paid for X this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs ftrst. This fee will be determined based upon final meter size, or expected demand. As such, the reservation fee is past due, the developer should pay the past due amount, and an equivalent amount for the upcoming year prior to City Commission's approval of this extension. As and alternative to paying the reservation fee, the developer may pre-pay the full capital facilities charge, as allowed by the Code. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: X 2. Submit a revised traffic impact statement meeting the Traffic Performance Standards of Palm Beach County Traffic Division prior to issuance of a building permit. PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\New Alliance Haitian Church\SPTE\COA.doc CITY OF BOYNTON BEACH JDA ITEM COVER SHEET AND CHECKLIST /er sheet must accompany all agenda item requests. Please place check marks .ndicated. Initiating department must prepare Agenda Item Request Form. Submit .4a request (with back up) and one CODY of agenda reauest (with back up) to the ,office. Items must be submitted by the deadlines indicated below. Incomplete or ."s will be returned to originating department. Deadline for Submittal to City P & D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the foJlowing 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~~ New Haitian Alliance Church (SPTE 04-005) ~ Please do not write in the shaded area below. Legit I Department signature 0 - . ..' '. ' .Cfty'Manag~i-'ssi~Jhature o . ~ - ITEM' RElURNl:D .FO~ THE FOLt.OWINGBEAS9N(S):. Signattire,(s) Jl1iSSini9 . ,0 Incompl~t~:suf?mrttal 0 Mi$sed'deadline .8 otHer - .0 <Reasoh: . . ..';, - " ~ " ~. ',,, - ,"" .,' o ....... -',;, . .. ) r". Person conta<:t~d to pick up rejected iregu~$t. . ~. ... .. . ,";. > . , < . . ,. : . an : {Plft~J,. . ... bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover Checklist April 6 - July 20, 20Q4,doc 7.E.l NEW HAITIAN ALLIANCE CHURCH (SPTE 04-005) SITE PLAN TIME EXTENSION DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 04-136 TO: Chairman and Members Planning and Development Board Michael W. RumprVlU~ Planning and Zoning Director THROUGH: FROM: Maxime Ducoste-A. \va. Planner ly" DATE: June 22, 2004 SUBJECT: New Alliance Haitian Church (SPTE 04-005) Site Plan Time Extension NATURE OF REOUEST Reverend Dieugrand Jacques, agent for property owner, New Alliance Haitian Church is requesting a one-year time extension, of the site plan approval originally granted on June 3, 2003. The subject property, zoned R1-AA, is comprised of two (2) rectangular shaped lots totaling 1.9 acre on the east side of Hoadley Road at the southern terminus of the right-of-way. If approved, the request would extend the expiration date of this site plan approval from June 3, 2004 to June 3, 2005 (see Exhibit "A" - Location Map). BACKGROUND On June 3, 2003, the City Commission granted site plan approval for the New Alliance Haitian Church project; a development consisting of a 5,146 square foot church with 240 seats on a 1.9-acre parcel (see Exhibit "B" - Site Plan). The approval was subject to staff comments including roadway improvements to Hoadley Road needed to support new traffic demand, which this use would generate. To date, the applicant has submitted to the Building Division a clearing and grubbing permit application, which was voided in 2002. A new building permit application was submitted on June 1, 2004. ANALYSIS According to Chapter 4, Sec. 5 of the Land Development Regulations, " the applicant shall have one year to secure a building permit from the Development Department." It states further that the City Commission may extend the approval for one year provided 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 and Zoning Division received the application for a site plan time extension, on May 4th, 2004, prior to the expiration date. The purpose of the time limitation is to maintain approved projects in accordance with current development regulations, to free-up infrastructure capacity for active or new development Memorandum No 04-136 New Alliance Haitian Church SPTE 04-005 Page 2 applications, and to expire projects that are not proceeding in good faith. Staff contacted the Palm Beach County Traffic Engineering Division to verify that traffic concurrency approval is still valid for the project. The original approval letter was dated December 18, 2001 assuming a "Build-out Year" of 2003. Since the traffic concurrency for this project expired in 2003, an updated traffic concurrency approval is required through Palm Beach County Traffic Engineering Division. Regarding water and sewer capacity, the applicant has not reserved capacity with the Utilities Department for the project. This reservation locks in the capacity needed for a specific development for a year at a time. According to the Utilities Department, the applicant would be required to pay the reservation cost for last year and the upcoming year, prior to Commission approval (see Exhibit "C" - Conditions of Approval). Lastly, no applicable new regulations have been adopted since project approval, against which this project should be reviewed. One informal criterion that staff methodically utilizes in the evaluation of requests for time extension is the applicants' demonstration or willingness to complete the project in "good faith". The reason given for this time extension request is related to obtaining additional funds to finance unforeseen expenses related to plan modifications. The applicant has demonstrated willingness by working cooperatively with city's staff. The Land Development Regulations allow for one time extension and in most cases that is adequate. RECOMMENDATION Therefore, staff recommends that this request for a one-year time extension of site plan approval be granted with the condition that the applicant obtains traffic concurrency approval to extend the build- out date accordingly, which would extend project approval from June 3, 2004 to June 3, 2005. All conditions of approval that were required by the initial development order must still be satisfactorily addressed during the building permit process. If additional conditions of approval are required by the Board or City Commission for the approval of this request, said conditions will be included on the attached Exhibit "C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\New Alliance Haitian Church\SPTE\Staff Report.doc . ~l~ ~. 'J::f ,~t f~1 j~ ..~ .}~ I ...L ..J r====TT T ,1i. := ~~ =):Jf,!, I~~i' ~ - _/,7 I - R1AA ~ - ,'- ~ . . ~ " ///<\~ I-- I " -1;;::;;- f- .. oteil N - tJ '--1 I ,/J)J ~ ~. R3 ~ I I I I Iq, n ( I I . L I I :;.~ ~', 1l.1. \ .L- ^ J I I /1 q/ I"h~}j A~r ".~ />:~~~ 1- \ '\ 'AJ I I ..:;; ~---~\\ 1'7',/'\ . \ \ n ..../ _ '\~ Y PCD ~:= C3 \ n I ~ - ,0 .. ' " . -- _ LwclK I I ~- I i. = R1B . !- -== E-4C'~L - ~- SITE ~ - tD~ =\--.- '-i ._ : I ~C~D '" l ~JI I II I tiL I,TON - ~ ~1 ~ [IT U D':> J.ll-I \ ~ . ,-~.~ /'~ - l...U-\--r / I- = I /' ~_"'" L-i. _ - - - r/ - ~== I i~! - c--- ~~ I I . . I-- -_;---: :== ;;t .- .5\i :..I'~~' ~ . ':~ ., , i , :. ! t ' ilj ';71 '" '.~~ tJ' .t,; . $,1 .:.~. ..,.., ,', a ' ',i,.'" l'.' " II ------" C3 Location Map EXHIBIT "A" NEW ALLIANCE HAITIAN CHURCH -qo - N .-<r. s .i:;~' ,~. . . :.!-.~ \'llj . '.t~. ,~:~ ;~!.~ ."~ ""~l . "'/1 ..1; '~"{ ...:(1'. , ~'f '~i ~. ,I,~ .~t !,) ~'f '~i~... il ~ ';~ ,tJ! ~;:., .~ .H ":"', ,. ;i;: '.. j. .~ +,1:. .~/~ " ~ :1 . ... :!:.. iJ. !. ~ ,} ; ~i,'.' 'I~ ~ \J EXHIBIT "B" ~ i 6. I . < ~:::9~i;;~~u;~~ <~~@ot:~h~ ill'l" ~~~~~2B~gll, ",\1 s , n~~U~~IZ~iU ~ o zt"J:r:::..dl'i>=. z:>>~ 'fJ ~ ~~~~~~gml ~., .:.. 7'AT1'" L ~- l"\ d:::>:~!iI;:;l5Z-I:!l. z .u Nt" +-- ~B~~~z ~z8 " I ~ -, - ~ ,;z ~~~ ~~7 * ~ f----"-t " L~:;=,~l;~'~~li';'rl-~~ ~"5J<~~ <JJi~ :.<1 i. ',.-- .,,",'. """.-.....',..-. - IT.'I -C1 I ~ SS,.. 5"'[t-lj'" ~.------~\ ~\)' i 'I' I /- : .r.;,' ~'it::. ~ r- -' I I \\ i I ~>~ \1 , .)1, ~', :~~ (% ~~~f : ; ~ (3~ /~/ I f I Ii.!! 1tJ.. 'lo./! ~~~ :1 ~~I:.. .'t_/~ } i~; i r~ \!\ i ( II ~i' 'II II ~ ~ I ~ ..r~ ~_o" ~; ~ ~ ~ I' /, f! I !20\~ 1.i-0:_~2'1!~,_,I~ ~ "if' ~ \ /, \ ! 'S <: 1. I ~ ~ 7: ~ JJ I ., I \ I B !!; I ~, .... )' ) I"'. ~ "2 . __._____ ' i~~'r\ J ! - 1 -Y' Irs i ~,ill<1 ',II ! tlt' :~ ! 1,\ !a ~/l :jJ( I I "'1 i "1. ~ "j Ii,. ) [ ~\:,' Ii I'~ I,d! IS'\' I ~ r5::,,:f ~~? ~<,. j , ~ ft Ie ~ ''?e' -4+ L~sf__;_"~i>~':~t:ji~~:~~~~~~:O;=i~~~-~~II. ~~ J a~~, ~ l' f;: B, 1l17' . , )f,iro I ('\ \.i~ f <,i rf ~ '.Ie m t.... J! 1 "'. i., I~ ~ ! ~ 17' z: - t' 0 } "c J! \I' '~ l\I z -< ~ , z ~E ! ~I ~lll.: 11 \lG" ~~ ~ .5 z \J\ II~~'(,j \rl~l~ :l ~ '/0 ~ ~-I- zE1 ~ """".... A"~ ~ \"i>, 11, L , -~ .~ ~r. ml) I -';:::..,. ..~ ... ~e:c ..;SI: ~~~ g ~"< ~ g3~ -~;! .~. ~~~ IIi .~ ~: ~~ ~g ~~ g~ ~~ ~~ ~g ~~ :~ ~~ ~i ~5 ; ~~ ~ ; ; ~ o : ~ :I fil n :Q ". +' g~ ~ Ii ~~ ~~ s: .~ I ~ ~ ~ ;~!~;~~:g~~I~~~~ ~gg~w~~~~i~~~:~~ ~;s ~gt~a~5:;:~~g s~ E::i~!;jt<~A~~~1:l ~~~ "n~~. .!~~ "~ ~~""~g . 1 ~o'l<ib >' 'l:l= ~ . ~E~~ 8 I ;~ ~ ~ ~2~i; 8 a ~ n:3U!i! ~ " . ~ ~ '9 ~" ~ ~ ~~~ !~!I~ a~a~:a n~~ s:~ g6 ~ ~~~~~~ ?~~~?~ ?~ ~ r ~~~~~~~??~~ ~~:~~~~ ~~~~e~~ ~~~~~;~ ~~aaB5'~ rJ:::"l~~~~ ~z~~5F;: M ".<~.. Q >'E:; 'U ~ ~!:g e lHljjli~ 5~5~: ~."~E ~a. ~ ~ ~g~z~~~~.8. ~Q~:S~~:~~~ ~a"~~:~~.g~ ~~ ~~~g~g5~ ~~ 3~~~~~~: ~;:! Q~~~18t~ ~~ hn~~" ~Q~ c::~ ~ ~"'... ;S",,!.'J i >~~ ""b ~"" ~h- "':9 ~~=t~ ~ ~~ u: g !llll :=:r: ~; 5 ~ i' :;.. '..J:J> ,'.1\ ;. ......~ I ~IJ3 ~!i i! .'" < '! 'I'~ '1,1 -',~ 'J (). \) ~ - I! DON SENATORE ARCHITECT . 1: ii 3160 N.E. 3rd AVE. OAKLAND PARK, (954) 567-0644 FLORIDA () )> Z Y .- i I I ~l II II ,I II 5 ~ 'i,' ~ . 7' In j; Il Z .~ Q 'V I;:: \t (1\ ~ r l' {If ~ f ~ :1 ~ 'P , ~ ;; EXHIBIT "e" Conditions of Approval Project name: New Alliance Haitian Church File number: SPTE 04-005 Reference' DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: 1. CODE Sec, 26-34(E) requires that a capacity reservation fee be paid for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand, As such, the reservation fee is past due, the developer should pay the past due amount, and an equivalent amount for the upcoming year prior to City Commission's approval of this extension, As and alternative to paying the reservation fee, the developer may pre-pay the full capital facilities charge, as allowed by the Code, FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: 2. Submit a revised traffic impact statement meeting the Traffic Performance Standards of Palm Beach County Traffic Division prior to issuance of a building permit. PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I I I S:\Planning\SHARED\WP\PROJECTS\New Alliance Haitian Church\SPTE\COA.doc