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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 December 6, 2005 November 14,2005 (Noon.) ~ February 7, 2006 January 17, 2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) 0 January 3,2006 December 19,2005 (Noon) 0 March 7, 2006 February 21,2006 (Noon) 0 January 17,2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the February 7,2006 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board reeommended the subject request be denied, due to ineonsistency ofprojeet design with eurrent zoning regulations sueh as urban setbacks. For further details pertaining to the request, see attached Department Memorandum No. PZ 05-220. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Edward Medical Offices (SPTE 06-001) Hany Edward Hany Edward 3908 South Federal Highway Request for a one-year Site Plan Time Extension for a site plan approval granted on November 16, 2004, from November 16, 2005 to November 16, 2006. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A oevelr:!h1.f!Lror City Manager's Signature p~d~r City Attorney / Fffiance / Humao Re,ourc," S:\Planning\SHARED\WP\PROJECTS\Edward Medical Office\SPTE 06-00 I \Agenda Item Request Edward Med Ctr SPTE 06-001 2-7-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT LANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-220 TO: Chair and Members Community Redeve~ment Agency Board '~(\JlU Michael Rumpf Director of Planning and Zoning THRU: FROM: Kathleen Zeitler I~ Planner DATE: December 30{ 2005 PRO] ECT: Edward Medical Office / SPTE 06-001 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Hany Edward Applicant / Agent: Hany Edward Location: 3908 South Federal Highway (see Exhibit "N') Existing Land Use/ Zoning: Local Retail Commercial (LRC)/ Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 11{796 square foot medical office building Acreage: O.72-acre (31{702 square feet) Adjacent Uses: North: Developed commercial property with a Local Retail Commercial (LRC) land use c1assification{ zoned Community Commercial (C-3); South: Developed commercial property classified as Palm Beach County Commercial High / Medium Residential MR-S (CH / 5) land use and zoned Palm Beach County General Commercial (CG); East: Right-of-way for South Federal Highway{ then farther east is undeveloped residential property (future Waterside residential development by Southern Homes{ Inc.) with a Special High Density Residential (SHDR) land use classification{ zoned Infill Planned Unit Development (IPUD); and West: Developed residential property classified as Palm Beach County Medium Residential (5 units per acre - RM/5) land use and zoned Palm Beach County Residential Multi-family (RM). Page 2 Edward Medical Office SPTE 06-001 Memorandum No. PZ 05-220 BACKGROUND Mr. Hany Edward is requesting a one (l)-yeartime extension for The Edward Medical Office Building Site Plan Development Order (NWSP 04-012) which was approved by the City Commission on November 16, 2004. The site plan approval is valid for one (1) year from the date of approval, unless a building permit has been issued or a time extension applied for. If this request for extension were approved, the expiration date of this site plan would be extended to November 16, 2006. According to the original site plan staff report, the proposed Edward Medical Office Building will consist of a two story structure of 11,796 square feet with under-story parking on a 0.72 acre lot which is zoned C-3 (Community Commercial). The project has been approved for the following: annexation from unincorporated Palm Beach County (ANEX 04-004), a land use amendment (LUAR 04-008) from CHIS Commercial High Intensity (Palm Beach County) to Local Retail Commercial (LRC), a rezoning (LUAR 04-008) from CG General Commercial (Palm Beach County) to Community Commercial (C-3), and a Site Plan (NWSP 04-012). The construction of the building, parking lot, and all other site improvements will occur within one (1) phase. ANALYSIS 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". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time extensions, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on October 19, 2005, which is 28 days before the expiration date of the site plan approval. According to the time extension application, Mr. Edward indicates that he has "been trying to obtain a construction loan from a financial institution for the last 8 months, but each bank requested that he sell or lease several units prior to obtaining the construction loan". While it may be true that the applicant experienced delays caused by private matters in construction financing, the onus is still on the applicant to submit drawings to the Building Division in order to secure a building or infrastructure type of permit. Submitting these types of permit plans demonstrates "good faith" to the City that the applicant is attempting to complete the project. Also, a more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. The Palm Beach County Traffic Division approved the traffic study for the proposed medical office project. Based on their review, the proposed project does not constitute a 1 % LOS D Capacity impact on Federal Highway, and therefore meets the Traffic Performance Standards of Palm Beach County. Traffic concurrency was approved with a build-out date of 2005 and no building permits are to be issued by the City for this project after the 2005 build-out date. Since the applicant will not obtain building permits for this project by the end of 2005, a revised traffic study will be required for approval by the County (see Exhibit "c" - Conditions of Approval). As for utilities, records indicate the utility reservation has not yet been paid, therefore the related condition of approval still stands. The site plan time extension is still subject to the 40 conditions of site plan approval (see Exhibit "c" - Conditions of Approval). Lastly, only one new land development regulation has been adopted against which the project should be reviewed and modified. On August 2, 2005, the City Commission passed Ordinance 05-029, entitled "The Urban Commercial District Overlay Zone", which amended the setback regulations for commercially zoned properties within established redevelopment plans. This particular parcel lies within the Federal Highway Page 3 Edward Medical Office SPTE 06-001 Memorandum No. PZ 05-220 Corridor Community Redevelopment Plan. This project was designed following established setbacks within the Community Commercial (C-3) zoning district, which requires a minimum 20 foot front setback, and a setback of approximately 29 feet was provided. The Overlay now establishes a build-to line rather than a minimum setback. This build-to line is from 5 feet to 15 feet for the front yard. No other yard setbacks are affected by the overlay provisions. The objective of the Overlay is to encourage commercially zoned parcels to be developed in a manner consistent with the pattern of mixed-use projects, while improving the aesthetic and pedestrian streetscape environment. A review of approved and proposed residential projects (PUD or IPUD) in the immediate vicinity depicts setbacks from Federal Highway between 10 and 20 feet. The only other recently approved non- residential project in the immediate vicinity (2 parcels to the south), Victoria's Closet, which was approved in 2002, has an 85 foot setback from Federal Highway. Staff recommends that no change be made to the existing approved site plan, subject of this time extension request. This position is based upon the following characteristics: (1) the site plan was previously approved with design characteristics to represent an enhancement to the area; (2) the portion of the building that could potentially be brought closer to Federal Highway is the side of the building and, combined with it's narrow width, the project may contribute minimally to the streetscape if moved eastward 15 feet; (3) the fountains at the entry drive may be jeopardized by moving the building forward, and (4) the landscaping between the building and roadway would be reduced. RECOMMENDATION Staff recommends that this request for a one (i)-year time extension of the site plan (NWSP 04-012) be approved, subject to the conditions of approval listed in Exhibit "c" - Conditions of Approval. If this request for extension were approved, the expiration date of this site plan would be extended to November 16, 2006. As previously mentioned, staff is generally in favor of the redevelopment efforts proposed in the approved site plan. If this request for site plan time extension is approved, all conditions of approval from the original site plan must still be satisfactorily addressed during the building permit process. S:\Planning\SHARED\WP\PROJECTS\Edward Medical Office\SPTE 06-001 \Staff Report.doc EDWARD MEDICAL OFFICE LOCATION MAP LRC LEGEND ...... City Boundary Land uses: LRC - Local Retail Commercial HDR - High Density Residential SHDR . Special High DensIty Residential MR-5 . Medium Residential (county) CH/5 . Commercial High, w/underlylng MR-5 (county) EXHIBIT A CHIS o 20 40 ~- w'*, s eo 120 EXHIBIT "B" .. 11~lltl ~~r:IIjI:1 I~ +I~'I ~i I -11''''111 i.~ ~~III.I; i!!! ~IIII, ~ql d '.-: '!;I q I i;l ~ II jq~ i ! ~ ".' hi . . I~ 11 ~ r :I z J>. ~ .... o ., .... o !:l ., .~ .. .. .. .. I If III ii' II' Illilll 'lhlll I!I I I II. I' II I I " · ~ I ,I II J I- I.t fUfl I ill I ~ I I I I I . I J U. I I Ii I' II I I I-uml II !, .ffrrlll,1 ,,,..' .....'! il_I!III~ (j) , : J JIll I lit 5 .!.. . i :--.. "II. #I~ II :eo II!>' 7J. '"' I'UN --- ......,. ~ CflIlQI &I:lG. ,... N.I'ICIIUI. I4IlIr .......'1' IIIOl. ~ ~l .>~ ~!II liU ill. Illi ~il i!l 1!li iii III Iii I- J 90 GGe ~~~~ Ii ;il ;i~ .1 ~ f~ ~ l irrrrl'! ! II II L~IDI I D G D~ ~II . ~11Jf -I J Q ,I . . 9 i3~ III ~~~ ill A . II" . ~ I . ILIWoTIIM ~ I '\ !;hlli"l~ "--=~~~I I I n ..II 0 ClILIt4"II&I.CM, "-ClllltO.I.. ~""_<I'."i',: AI'I . _--- i III Iii I ~ I EXHIBIT "e" Conditions of Approval Project name: Edward Medical Office File number: SPTE 06-001 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. If no City building permits have been issued for the Edward Medical Office X project by the end of 2005 (proiect build-out date for traffic concurrency Conditions of Approval 2 DEP ARTMENTS INCLUDE REJECT approval), the applicant will be required, at the time of permitting, to submit an updated traffic concurrency approval from the Palm Beach County Traffic Division. 2. The time extension is subject to the original Conditions of Approval. X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S :\Planning\SHAREDI WP\PROJECTS\Edward Medical Office\SPTE 06-00 I \COA for SPTE.doc