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
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DON '.BNATORE.' " .
ARCHITECT
, 3160 N.E. 3rd AVE.
OAKlAND PARK, (954) 567-0644 FLORIDA
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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
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ITEM' RElURNl:D .FO~ THE FOLt.OWINGBEAS9N(S):.
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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
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EXHIBIT "A"
NEW ALLIANCE HAITIAN CHURCH
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DON SENATORE
ARCHITECT
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3160 N.E. 3rd AVE.
OAKLAND PARK, (954) 567-0644 FLORIDA
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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