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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 IDJI ~\ m u c: ~ ~ lJU 1 SEP 2,__,05 L./ \ . I L-- \ I ,\ ~., ~, ,r "f".frl(\r"'~l,r.~,!\ Ii'! 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