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LEGAL APPROVAL DEPARTMENT OF DEVELOPMENT Planning and Zoning Division Memorandum PZ 08-021 TO: FROM: Nancy Keller - White Elk LLC Ed Breese Princi al Planner March 3, 2008 Healing Heart I White Elk Vet Clinic DATE: RE: Please be advised that site plan approval for the above referenced project will expire on March 21, 2008. The City Commission granted site plan time extension approval on Mav 15. 2007. To date, no building permit has been issued for this project. A building permit must be secured within one year of site plan approval in order to maintain the vested status. The Land Development Regulations Chapter 4, Section 5, provides for a one-year extension for site plan approval if the application is submitted before the expiration date. Please call the Planning and Zoning Division at (561) 742-6260 for more information regarding the site plan time extension procedure. The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org May 22, 2007 Ms. Nancy Keller Nancy Keller LLC ] 80 Neptune Drive Hypo]uxo, FL 33462 RE: File No.: Location: Healing Heart/White E]k LLC SPTE 07-005 226 SE 23rd Avenue Dear Ms. Keller: Enclosed is the Development Order granted by the City Commission on May ]5,2007 representing approval ofa one (]) year site plan time extension for major site plan modification approval (MSPM 06-00]) granted on March 21,2006, from March 2], 2007 to March 2], 2008. In order to maintain vested status, a building permit must be secured or an extension granted within this extension period. To continue this project through the development process, please revise relevant pages of your approved site plan to incorporate all conditions of approval as applicable. A copy of this new Development Order, including these conditions, must accompany the submission of the fully amended site plan set, as well as the original Development Order and associated conditions. The person managing your permit applications should be made aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with your permit package. The Building Division is committed to speedy and efficient completion of the building permit process for your project. However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary documentation is not attached and/or the plans are not amended to reflect all of the approval conditions, the plans will be returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any TART member for additional clarification of comments. Important: {(you plan to introduce any changes to your approved site plan beyond those required by conditions of approval, please contact our stafffor a review before submitting a permit package to the Building Division. A copy oftlte complete Development Order and Amended Site Plans reflecting tlte "Conditions of Approval" must be submitted to tlte Building Department along witlt tlte first permit request to avoid any delays in tlte processing of your permit. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. ?fcefJI12-- ~ W. Rumpf Director of Planning & Zoning Enc: DO w/COA S IPlanningISHARED\WPIPROJECTS\Healing Heart White Elk LLC\SPTE 07-005IApproval Letter.doc DEVELOPMF'T ORDER OF THE CITY COMMIS~ION OF THE C. . ( OF BOYNTON BEACH, FLORIL_ . PROJECT NAME: Healing HeartJWhite Elk LLC Development P&Z Building Engineering Oe:e:. License u, Pepuiy- City Clerk I ' , ~-~~"" ! APPLICANT'S AGENT: Nancy Keller, White Elk LLC rP8' 2007 APPLICANT'S ADDRESS: 1 ~ 180 Neptune Drive, Hypoluxo, FL 3i462~____ J I , 1 r ::"1" ,"~p,r[~.!T o~ D!'=VC:1 ODiv{; I i-, : DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: ;May15;-2De-r--:--~~~,---~' TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension until March 21, . 2008, for construction of a 400 square foot addition to an existing 1,200 square foot building, for a proposed veterinary clinic on a 0.106 acre parcel in a C-1 zoning district. 226 SE 23rd Avenue LOCATION OF PROPERTY: DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applica.!)i JL'HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included", 4. The Applicant's application for relief is hereby , V'GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: 5-18-07 m.~ City Clerk J :\SHRDA T A\Planning\SHARED\WP\FORMS\Blanks forms folder\Develop.Order Form-2001-Revised.doc EXHIBIT "D" CONDITIONS OF APPROVAL Project name: Healing Heart / White Elk File number: SPTE 07-005 Reference: DEP ARTMENTS 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 FORESTERJENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. The site plan time extension shall be subject to all previous Conditions of X Approval. Conditions of Approval P 2 age I DEPARTMENTS I INCLUDE I REJECT I 2. If the building permit for the project is not issued by the end of 2007 (traffic X concurrency build-out year), the applicant shall be required to submit a revised traffic concurrency approval from Palm Beach County (with an updated build-out year of 2008) prior to the issuance of the building permit. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: x None ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S :\Planning\SHAREDI WP\PROJECTSIHealing HeartISPTE\COA.doc ,.. Exhibit .'A" - 226 SE 23rd '\venue Location Map am-I I SE.25TH-AVE I- CJ) I- CJ) ~ w CJ) 21 0 1 05 I o 210 420 630 N 840 + I Feet W i'(- E 5 EXHIBIT B .. ~~ ~~ '::C ~- '-I m (') -I c: :II :.- r- CD =i m 'tI r- :.- z S.E 1 ST STREET L LOT 7 ==- $~ 7L \ \ fj) d l ~, !i ~ i 5 : / \ \ \ iU~\ iUI ~!:l ~ !~ \ o [;> -~ w....W'. ~[;> --- --- -.. .--... ( 0 ( ~ ( " I, ~ ~ I (. !!l ~ ) ( ~ ~ 'j ~, ; ( ~ \ '-'~ --..[;> ,.....--......,-"'-~--...-....-....-,..-........--.., ~,-........--........~-...~~..-...~..--...... ( ), ) ( I~Ui~ ~~~~Iili~~f ~ i (. U Iii .- l . ai ~ ) ( ~b: j!i~ih~!!~ ~ ) ~___v-, \ Ii I: ~. If ,fa I~ !:l ,; 'ili~j ~,I~~lt~C! z i ) ( ~i~a. l~i2A ~I ~~ 0 ( A!~~I d~~' h~Q~ nl ) (m ) ( I . >! ) ( ~b~~ !=I~h~I'~!h en ) (, nIl ) (ill is i 6t.i ! ) ( ~~eh ~u~i~ ~~~" , I r~~ ) ( ~ I II ~) . ~~~~8 ~a~~QiQ~~~~ " ~ " J! a G ( -i@," ~ra~.~~~~. ) I !I!= ) ( ~~ ,i.~' ; 'oi. =J f ) \ ~.i~i i!~~lil il~ I ' ~ II ~i ~~. s ~;; I I ~ :!!.Q~~ f~~hhfm ) ( ') (. Ii iF ft ') , ~l~~~ P5h~~~g~ ):. ,)( I :' i : I~ d~~i~N ~ - ~ &; ( i i ~ ( ( I -.'-. '-'--'--'~. -' _. '-[;> .~ ~ '~'-' ~ '~'-' ~ -. '- -'~ - .~&-> ~ ~ > :~~ (/I .: !:~ ~! ~ o. j~~g Il!-"J: D~ ~~ " 0 .. s~... ~ ~ HEAUNG HEART WHITE ELK. LLC 1:3> . ~! . VITERINARY CLINIC ~. , ~ ~ ~ ~~ 22& SOUTHEAST Did AVENUE BOYNTON BEACH. flORIDA ~ ! If! If ill Jr& h II ~I 1 e:a Meeting Minutes Planning and Development Board Boynton Beach, FL April 24, 2007 Vote There was a vote on the nomination of Lee Wische for Chair, which passed 6-1. (Ms. Jaskiewicz dissenting) Chair Wische asked for nominations for Vice Chair. Mr. Saberson nominated Woodrow Hay for Vice Chair. Ms. Jaskiewicz seconded the nomination. There were no other nominations. Vote A vote was taken in support of Woodrow Hay as Vice Chair, which passed unanimously. 4. Approval of Minutes Motion Motion made by Vice Chair Hay to approve the minutes as presented. Mr. Casaine seconded the motion that unanimously passed. 5. Communications and Announcements The Planning and Zoning Report was given by Mike Rumpf, Planning Director. He reported the following actions taken by the City Commission that were previously reviewed by the board: ;.. Sausalito Groves Master Plan Modification was approved, which included rear yard setbacks for lake lots and right of way lots for development. ;.. Knollwood Planned Unit Development, Master Plan Modification was approved, which amended the rear yard setbacks for screen enclosures and pools. ;.. Dr. Mote's New Site Plan for a Medical Office Building was approved. ;.. Southern Dance Theatre Site Plan Time Extension was approved. Attorney Alexander administered the oath to all persons intending to testify. 7. New Business (Taken out of Order) A. Healing Heart Veterinary Site Plan Time Extension 1. Project: Agent: Owners: Location: Description: Healing Heart/White Elk, LLC (SPTE 07-005) Nancy Keller, Managing Member of White Elk Enterprises, LLC White Elk Enterprises, LLC. 226 SE 23rd Avenue Request for a one (1) year site plan time extension for major site plan modification approval (MSPM 06-001) granted on March 21, 2006, from March 21, 2007 to March 21, 2008. 2 .. Meeting Minutes Planning and Development Board Boynton Beach, FL April 24, 2007 Chair Wische read the request as presented and noted all pending staff comments were still attached to the project. Nancy Keller, was present and agreed with all staff comments Mr. Breese clarified that if the applicant did not pull a permit by the end of this year, their traffic concurrency application would expire. Chair Wische opened the floor for public hearing. No one coming forward, Chair Wische closed the floor for public hearing. Ms. Grecivic commented the applicant was very talented. Mr. Lis agreed and announced Dr. Keller was his veterinarian at one time. Motion Vice Chair Hay moved approval of the one-year (1) year site plan time extension for major site plan modification approval (MSPM 06-001) granted on March 21, 2006, from March 21, 2007 to March 21, 2008. Ms. Grcevic seconded the motion that unanimously passed. 6. Old Business A. Land Development Regulations Rewrite Code Review 1. Project: Agent: Description: Land Development Regulations Rewrite (CDRW 07-004) City- Initiated Request to amend a portion of the Land Development Regulations Part III, Chapter 1, Article II. Definitions to provide a first set of revisions based on updated uses, new or proposed sections, and consolidations of definitions currently provided within individual chapters as part of the LDR rewrite project. Ed Breese, Principal Planner, presented the rewrite of the Land Development Regulations (LDR) and explained the changes. A PowerPoint presentation was made, a copy of which is available in the City Clerk's Office. The changes discussed were contained in the Department of Development Planning and Zoning Memorandum dated March 28, 2007, and are also available in the City Clerk's office. Mr. Breese explained the Land development Code had been amended numerous times since 1961. A consultant was retained to rewrite the Code in 2002 and then the City took over the task in 2004. Significant changes discussed and taken from the presentation were as follows: ~ Mixed-Use District Regulations were updated ~ Workforce Housing Regulations were drafted ~ M-1 Zoning District was Analyzed ~ Non-residential uses were adopted ~ Commercial signage was updated 3