AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
December 19,2005 (Noon)
o February 7,2006
[gI February 21, 2006
o March 7, 2006
o March 21, 2006
January 17,2006 (Noon)
0 December 6, 2005
0 December 20, 2005
0 January 3,2006
0 January 17, 2006
November 14, 2005 (Noon.)
December 5, 2005 (Noon)
February 6, 2006 (Noon)
February 21, 2006 (Noon)
January 3, 2006 (Noon)
March 6, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
[gI Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o Unftnished Business
o Presentation
RECOMMENDATION: Please place this request on the February 21,2006 City Commission Agenda under
Consent Agenda. The Planning and Development Board recommended that the subject request be approved on January 24,
2006. Please note that signiftcant discussion occurred regarding the changes (i.e. dwnpster location, photometrics, buffer wall
height, etc.) agreed upon between the applicant and adjacent property owners. Staff indicated that these changes would be
reviewed during the permit stage. For further details pertaining to the request, see attached Department Memorandum No. PZ
05-217.
EXPLANATION:
PROJECT:
DESCRIPTION:
St. Johns Armenian Church (SPTE 05-006)
(fka St. Gregory Armenian Church)
Dale Meaux, API Group
The Armenian Cultural Association
South side of Boynton Beach Boulevard, approximately 300 feet west of
Southwest 6th Street
Request for a second (1) one year time extension of the site plan approval granted on
September 2, 2003, from September 2, 2005 to September 2, 2006.
AGENT:
OWNER:
LOCATION:
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
City Manager's Signature
-OJ ~
?vI -/
Planning a~i g Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\St. Gregory's Armenian Church\SPTE 05-006\Agenda Item Request St. Johns Aremenian Church SPTE 05-0062-
21-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-217
TO:
Chairman and Members
Planning & Development Board
FROM:
Michael Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP ~
Planner ()'
THRU:
DATE:
January 17/ 2006
PROJECf:
St. John's Armenian Church (fka St. Gregory's) / SPTE 05-006
REQUEST:
Site Plan Time Extension
PROJECT DESCRIPTION
Property Owner:
The Armenian Cultural Association of America
Applicant! Agent:
Mr. Dale Meaux / API Group/ Incorporated
Location:
South side of Boynton Beach Boulevard, approximately 300 feet west of
Northwest 8th Street (see Exhibit "A" - Location Map)
Existing Land Use / Zoning: Moderate Density Residential (MDR) / Single-family Residential (R-l-AA)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
23/475 square foot church (162 seats)
Acreage:
108/900 square feet (2.5 acres)
Adjacent Uses:
North:
Right-of-way for Boynton Beach Boulevard, farther north is an apartment
complex with a High Density Residential (HDR) land use designation, zoned
Multi-family Residential (R-3);
South:
City-owned vacant property with a Moderate Density Residential (MoOR) land
use designation, zoned Single-family Residential (R-l-AA);
East:
Dual-zoning districts: Developed commercial with a Local Retail Commercial
(LRC) land use designation, zoned Neighborhood Commercial (C-2); and Low
Density Residential (LOR) land use designation, zoned Single-family
Residential (R-l-A); and
West:
Developed single-family residential homes (Palm Beach Leisureville) with a
Moderate Density Residential (MoOR) land use designation, zoned Single-
family Residential (R-l-AA).
Page 2
Memorandum No. PZ 05-217
BACKGROUND
The subject parcel is comprised of two (2) rectangular-shaped lots located on the south side of Boynton
Beach Boulevard. According to public records, the Armenian Cultural Association of America has owned
the property since July of 1997. On September 2, 2003, the site plan (NWSP 03-013) was approved for
the construction of a one-story church with 162 seats, to be completed within three (3) phases. The first
and second phases included the initial construction and expansion of the church while the third phase
included the indoor recreation courts. At the time of approval, the applicant informed staff that the timing
of construction of the third phase would be connected with the anticipated expansion of the church's
membership. The floor plan showed that the Phase I portion of the building footprint was 6,164 square
feet and the Phase II portion was 8,159 square feet for a total of 14,323 square feet. Also, it should be
noted that the project included a height exception (HTEX 03-005) request to allow the church steeple to
exceed the maximum height allowed by the zoning district.
A site plan is valid for only one (1) year after a development order has been issued. In order to maintain
vested status, a building permit must be secured or an extension granted within this extension approval.
On August 4, 2004, Mr. Dale Meaux of API Group, Incorporated, submitted a request for a one (l)-year
site plan time extension (SPTE 04-011) due to failure to secure a building permit. The time extension
request was narrowly approved (by a 4-3 vote) at the November 24, 2004 Planning & Development Board
meeting. On December 16, 2004, an informal meeting was held, involving the applicant, city officials, and
the abutting Palm Beach Leisureville community to discuss several of the unresolved issues revealed at the
CRA Board meeting. As a resolution, the applicant agreed to make minor modifications to the site plan.
These modifications include but are not limited the following: Relocation of the irrigation pump, relocation
of lift station, inclusion of a six (6)-foot high wall along the south property line, and submission of a
photometric plan that shows lighting levels on adjacent Leisureville lots. The applicant would also
coordinate with Leisureville on the possibility of relocating the dumpster and informing Leisureville prior to
the commencement of Phase Three (gymnasium) of the church's site plan.
The request for site plan extension was ultimately approved by the City Commission on January 18, 2005.
The site plan was valid until September 2, 2005. Now, Mr. Dale Meaux is requesting an additional one (1)-
year time extension. If this time extension request is approved, the new expiration date, including
concurrency certification, would be extended to September 2, 2006. The site plan would still be subject to
the original 22 conditions of approval.
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 September 2, 2005.
According to the time extension application, Mr. Meaux states "an extension is necessary, as the project
had been delayed due to lack of funding. At this time, funding is in place and we are ready to go
forward". One informal criterion that staff methodically utilizes in the evaluation of a request for time
extensions is the applicants' demonstration or willingness to complete the project in "good faith". The
applicant can submit detailed plans to the Building Division in anticipation of eventually securing a
Page 3
Memorandum No. PZ 05-217
building permit. Submitting building permit plans demonstrates "good faith" to the City that the
developer is attempting to complete the project. The applicant submitted plans for Building Permit #05-
5190 on September 2, 2005. Staff comments were generated and then forwarded to the applicant on
September 27, 2005. However, as of the today, no response has yet been received from the applicant
and no plans have been resubmitted for further review.
Another criterion for evaluating requests for time extensions is a project's compliance with (traffic)
concurrency requirements. On July 16, 2003, the Palm Beach County Traffic Division approved the traffic
study for a 14,405 square foot church with a build-out year of 2004. As of today, the project does not
have traffic concurrency and would be subject to the Traffic Performance Standards of Palm Beach
County. Therefore, the applicant would be required to submit a revised traffic impact statement with a
build-out date of 2006 or 2007 (see Exhibit "C" - Conditions of Approval). It should be noted that on
February 16, 2004, the applicant paid for the water reservation fee. However, the applicant would be
required to pay additional fees to retain the water reservation due to the lack of securing a building
permit (see Exhibit "C" - Conditions of Approval). Mr. Peter V. Mazzella, Deputy Director of Utilities,
approved the underground Utilities piping plan for the church on June 3, 2004.
Finally, there have been no changes to the Land Development Regulations that would impact the
configuration of buildings or proposed use of the project.
RECOMMENDATION
Staff recommends approval of this request for site plan time extension (NWSP 03-013) and its
accompanying request for height exception (HTEX 03-005). If this request were approved, the expiration
of the site plan would occur on September 2, 2006. All conditions of approval from the original project
must still be satisfactorily addressed during the building permit process. However, one new condition of
approval (regarding traffic concurrency) is recommended in conjunction with this request for site plan
extension. Any additional conditions of approval recommended by the Board or City Commission would
be placed in Exhibit "C" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\St. Gregory's Armenian Church\SPTE 05-006\Staff Report.doc
LOCATION MAP
St. Juhn's Armenian Church
Exhibit "A"
.
100 0
200
400
600
800
I Feet
N
+
EXHIBIT B
September 1, 2005
Mr. Mike Rumpf
Director, Planning and Zoning Division
City of Boynton Beach
110 East Boynton Beach Boulevard
Boynton Beach, FL 33425
Re: St. John Armenian Church
Dear Mr. Rumpf:
We have requested an extension of the site plan approval for the above project, which
expires September 2,2005. An extension is necessary, as the project had been delayed
due to lack of funding. At this time, funding is in place and we are ready to go forward.
Please inform me of any information you might require in order to process this request.
With kindest regards,
~tY6 'll~)~ -;?
~M~ A~hit;ct
API Group, Inc.
DM/cf
Cc: Bishop Choloyan, Vahram Danielian and Zohrab Tazian
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API GROUp, INC. . 111 EAST PALMElTO PARK ROAD. BOCA RATON, FLORIDA 33432 PHONE: (561) 392.7120 FAX: (561) 392-7502 · AAC001990
EXHIBIT "C"
Conditions of Approval
Project name: St. John's Armenian Church
File number: SPTE 05-006
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. The applicant paid for the water reservation fee on February 16, 2004. X
However, the applicant would be required to pay additional fees to retain the
water reservation due to the lack of securing a building permit.
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 I ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
2. Submit an updated traffic analysis. The traffic impact analysis must be X
approved by the Palm Beach County Traffic Division for concurrency
purposes prior to the issuance of any building permits.
3. All previous conditions of approval must still be complied with. X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
4. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
5. Per understanding between adjacent residents and applicant, pump station X
and lift station shall be relocated to a central, acceptable location away from
adjacent properties
6. Per understanding between adjacent residents and applicant, perimeter buffer X
wall shall be 6 feet high.
7. Per understanding between adjacent residents and applicant, permit drawings X
shall include photometic details for adjacent residential properties to verify
that project lighting will not have off-site impacts, and light fixtures will
include shields to prevent glare.
8. Per understanding between adjacent residents and applicant, consider X
relocating dumpster or use alternative containers kept central/away from
adjacent properties.
S:\Planning\SHARED\WP\PROJECTS\St. Gregory's Armenian Church\SPTE 05-006\COA.doc
~,
Meeting Minutes
Planning &. Development Board
Boynton Beach, Florida
January 24, 2006
B. Site Plan Time Extension
1.
Project:
St. Johns Armenian Church (SPTE 05-
006) (fka St. Gregory Armenian
Church)
Description:
Dale Meaux, API Group
The Armenian Cultural Association
South side of Boynton Beach Boulevard,
approximately 300 feet west of Southwest
8th Street
Request for a second one year time
extension of the site plan approval granted
on September 2, 2003, from September 2,
2005 to September 2, 2006
Agent:
Owner:
Location:
Jasmin Meaux, 5921 Vista Linda Lane, Boca Raton, wife of the architect for the project,
appeared. When asked if the applicant agreed to the Conditions of Approval, Ms. Meaux stated
she was unaware of the conditions.
Eric Johnson, Planner, explained there were two conditions of approval. One was the water
reservation fee that had to be paid, and the other was updating the traffic analysis. He
explained that traffic concurrency had to be obtained before pulling a building permit.
Mrs. Meaux responded they agreed to those conditions.
Ms. Jaskiewicz referred to the Boynton Beach Code violations on the property and inquired
whether they had been rectified. Mrs. Meaux responded the Code violations had all been
addressed.
Ms. Jaskiewicz reported a meeting was held with representatives of the St. Johns Armenian
Church, residents of Leisureville, and City staff from the Planning & Zoning and Building
Departments concerning some changes Leisureville wanted to the project. This meeting took
place after the Planning & Development Board voted to approve the project. Ms. Jaskiewicz
wanted the agreements from that meeting to be made a part of the site plan. Others felt they
were not approving the site plan, only an extension, and did not think it would be proper to do
so. One of the agreements was for a wall along the entire portion of the residential area,
instead of just a portion of it as previously approved. The other agreement was the wall had to
be constructed before issuance of a Certificate of Occupancy. Ms. Jaskiewicz was also
concerned about the vagueness of the plans for Phase 3. The details of Phase 1 and 2 were
satisfactory and agreed to by all. Phase 3 was speculative in nature and the details were
sketchy at best. Phase 3 was for a gymnasium that mayor may not be built on the property.
Ms. Jaskiewicz was reluctant to approve the site plan extension in the absence of a full
presentation on Phase 3.
Chair Wische recognized the presence of Commissioner Bob Ensler in the audience.
Assistant City Attorney Tolces advised under the Land Development Regulations, at expiration
of a site plan approval, the City Commission could impose additional conditions if changes had
3
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
January 24, 2006
allowed some changes to be made that had occurred during the time elapsed from the original
approval to the request for extension.
Diana Johnson confirmed the square footages for the various phases, including Phase 3. Ms.
Jaskiewicz noted there was nothing in the agenda packet about Phase 3 except a proposed
square footage.
Vahram Danielian, a representative of the Armenian Cultural Association, stated they
had agreed to a four-foot high wall and after the informal meeting agreed to a six-foot high
wall. They also agreed at that meeting to extend the wall all around the property abutting the
residential area. The Leisureville residents were concerned the gymnasium slated for Phase 3,
potentially, would create noise. Also, Leisureville residents were concerned the building would
be a big, unadorned "box" and not attractively presented. The representatives from the
. Armenian Cultural Association had advised the Leisureville residents the gymnasium was
important to them. Also, the gymnasium would be made of cinderblock stucco construction, and
completely enclosed. It would be soundproof. There would be no problem with noise. The
architect presented a sketch at that time showing the building was not going to be a simple
"box." It would be nicely constructed to harmonize with the neighborhood.
Motion
Mr. Cwynar moved to approve the request for a second (1) one year time extension of the site
plan approval granted on September 2, 2003, from September 2, 2005 to September 2, 2006.
Mr. Casaine seconded the motion.
Mr. Saberson asked whether Mr. Cwynar wanted to amend the motion to include the
agreements made at the informal meeting. The motion could ask the City Commission to
consider the changes and make a judgment about them. Mr. Saberson reiterated the conditions
mentioned in the staff report. Chair Wische stated staff could report that back to the Board.
Chair Wische wanted to hear a report on the conditions.
Mr. Cwynar was not interested in amending his motion.
The motion passed 6-1, Ms. Jaskiewicz dissenting.
VII. New Business
A. Annexation
Description:
Southern Dance Theater (ANEX 06-
001)
Bradley Miller, Miller Land Planning
Consultants
Southern Dance Theater, Inc.
East side of Knuth Road, approximately 495
feet south of Old Boynton Road (1203
Knuth Road)
Request to annex subject property
1.
Project:
Agent:
Owner:
Location:
5
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
January 24, 2006
occurred from the first site plan approval. If the Board felt it was appropriate, it could make
those items a part of its recommendation to the City Commission.
Many Board members felt they did not have sufficient information to add the changes resulting
from the informal meeting to the conditions of approval, in the absence of a report from staff.
On the other hand, Ms. Jaskiewicz did not feel it was appropriate to approve a site plan
extension, and by reference the site plan itself, without having seen the entirety of the Phase 3
portion of the site plan.
Mr. Saberson noted the staff report had listed the minor site plan modifications agreed to in the
referenced meeting as follows:
· relocation of the irrigation pump
· relocation of lift station
· inclusion of a 6-foot high wall along the south property line
· submission of a photometric plan showing lighting levels on adjacent Leisureville lots
· Coordination with Leisureville on the possibility of relocating the dumpster and
informing Leisureville prior to the commencement of Phase 3 (gymnasiumO of the
church's site plan
It was noted in the staff report the applicant had agreed to these conditions. Since the
applicant and staff agreed, Mr. Saberson felt the additional conditions could be added.
Eric Johnson, Planner, indicated subsequent to the first site plan time extension request, an
informal meeting was held between City officials, the applicant, and Leisureville. That meeting
resulted in several agreements made by the applicant in response to Leisureville requests. The
City was a broker between the two parties. Those modifications made to the site plan were
never on record at the Planning & Development Board level or at the City Commission level. In
analyzing the applicant's request for a second site plan extension, staff considered the
conditions of approval from the first time extension, the original site plan conditions, and the
conditions of approval listed by Mr. Saberson. It was staff's hope the applicant would comply
with all agreements made during the informal meeting.
Mr. Saberson asked whether the applicant had submitted a revised site plan incorporating the
agreed to changes. Mr. Johnson noted they had made a permit application and several
comments had been made on it. However, he was unaware of whether those changes
referenced the agreements made at the informal meeting.
Mr. Rumpf responded it was their intent to see the referenced comments were met at the time
of permitting, if they were not officially added to the development order. They might have
been. He did not have a copy of the development order with him. For example, they would not
be seeing a photometric plan at this stage anyway. Mr. Saberson asked if the Commission were
aware of the informal meeting, and Mr. Rumpf responded they were.
Commissioner Robert Ensler, 26 Woods Lane, Boynton Beach, was not familiar with the
details of this particular situation. He explained the Commission had recently passed an
ordinance to help with problems associated with site plan time extensions. Up until the
ordinance was passed, the Board only had the choice of saying yes or no. The ordinance now
4