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REVIEW COMMENTS NEW BUSINESS 7.A.l HEALING HEART VETERINARY (SPTE 07-005) SITE PLAN TIME EXTENSION TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-030 Chair and Members Planning and Development Board /"" \.. \. ~(../" Michael Rumpf r...... Director of Planning and Zoning Kathleen Zeitler iU Planner April 17, 2007 Healing Heart/White Elk LLC (SPTE 07-005) Site Plan Time Extension Property Owner: Applicant I Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: PROJECT DESCRIPTION White Elk Enterprises, LLC Nancy Keller, Managing Member of White Elk Enterprises, LLC 226 SE 23rd Avenue (see Location Map - Exhibit "A'') Office Commercial (OC) Office and Professional Commercial (C-1) No change proposed No change proposed Veterinary Clinic 8,541 square feet (0.19 acre) SE 23rd Avenue right-of-way, and farther north, medical offices zoned C-1; Single-family residence zoned R-1AA; Medical office zoned C-1; and, Medical office zoned C-1. Page 2 Healing Heart/White Elk SPTE 07-005 BACKGROUND Ms. Nancy Keller of White Elk Enterprises, LLC is requesting a one (1)-year site plan time extension for the Major Site Plan Modification Development Order (MSPM 06-001) for the Healing Heart Veterinary Clinic, which was approved by the City Commission on March 21, 2006. The site plan approval is valid for one (1) year from the date of approval. If this request for a one (l)-year time extension were approved, the expiration date of this site plan would be extended to March 21, 2008. The subject property consists of a 0.19 acre developed lot zoned Office and Professional Commercial (C-1) located on the south side of SE 23rd Avenue (see Exhibit "A" - Location Map). According to the original site plan staff report, the proposed project was approved for a major site plan modification (MSPM 06-001) for construction of a 400 square foot addition to an existing 1,200 square foot building, for a proposed veterinary clinic, which is a permitted use in the C-1 zoning district (see Exhibit "B" - Approved Site Plan). ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, and prior to being amended on January 2,2007 (Ord. 06-097) extending the approval period to 18 months, "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 site plan time extensions up to one (1) year, 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 March 9, 2007, approximately 12 days prior to the expiration date of the site plan. According to the justification submitted for the requested time extension (see Exhibit "C" - Justification Statement), the applicant explains that she has encountered delays between the architect and builder in preparation of the construction drawings due to corrections and revisions. To date, the applicant has not submitted a building permit application. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. On January 9,2006 the Palm Beach County Traffic Division approved the traffic study for this project and included a restriction that no building permits are to be issued for the project after the build-out year of 2007. If a building permit for this project is not obtained by the end of 2007, a recommended condition of site plan time extension approval will require the applicant to obtain a revised traffic concurrency determination with an updated project build out date to coincide with the site plan time extension schedule. The site plan time extension is still subject to the original 24 conditions of the major site plan modification approval. Lastly, no new land development regulations are now in place against which the project should be reviewed and modified. SUMMARY I RECOMMENDATION Staff recommends approval of this request for a one (l)-year time extension of the Healing Heart Veterinary Clinic major site plan modification development order (MSPM 06-001). If this request for extension were approved, the expiration of this site plan would be extended to March 21, 2008. All outstanding conditions of approval from the major site plan modification approval must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or required by the City Commission, shall be documented accordingly in the Conditions of Approval (see Exhibit "D" - Conditions of Approval). S:\Planning\SHARED\WP\PROJECTS\Healing Heart White Elk\SPTE 07-00S\Staff Report.doc Exhibit. A" - 226 SE 23rdll;4venue Location Map , ---.. , HIGH ROINT BLVD / / ILt I..:. / / /}j~ I SE 21ST AVE r~ J , , [J 1111 [ill] , f- m 0 a:: ~R'IGIII'~ . ~ I r ~ (") UJ m f- I en - 0 Z N SE 22ND AVE 0'"' n.._,1 UJ e . " 15- I'" ,._. en --r '.-'''' " R I-. .:-1-.- L: -. I 0 IV'" '.'-'I~. . -...... . 0 ol:l; o "u .Q&;. S/Iv <3 - ~fice Pre .t:~ /Yo,,! f . IJI .~ ~ I v~ n ~_"'lI"Il-'" ,...~_: .... SE 23RD AVE Z)~ __. II II'" "1:;11 ~ . t- " f [J ~ ! I\"\. \ 1 SITE I 0:: U jSE24THAVE R 1A A- S . gl el =a i I) ~ In m II) UJ m RE 5 d en tic II c;, .... f- ~ en 0 " ~ '- j UJ tJ> m n, ~ SE'25TH-AVE :' SE 27TH LN f- a. en f- en ;f ~ UJ lot- en . ". ~ cr I ~ SE 27.TH TER ~ 0: SE 26TH AVE ~ I I I I 105 0 210 420 630 N a;~eet W+E s 410'........,..~~.....,.--..........~ EXHIBIT B ... . ... (I) ::j m ." ... . z ~ +r: 7L j ~) !i ~ ; s; / \ \ ~I~~ IQ=~l iilt <~\ i~ \ ~~ I? ~I? ,~.-...~-~---......-..., -......-.....,---....--..... ~~....~,...-....,~..--....~~ ( ) . ) uur~ H~~UW~~ ~ ( f/) ) ( i 11111 i~ I "j"; III ~ ( lI8. f U3~.~ U~ m ~ (~~r) II ) ( ~~Ih~ m!~!!~~;1 ! Ii lu ) ( )( "1 )( I ~~ u Ii ~ ) ( li!u ili~!I!II;~ ~ ') ( UQ ) ( Ih II ') ------ ~~~ ( .. ) ( ) ( ! ( III "I i 5p ! ) " I Q I f!~II,~~ ~~~ II ( ) ( ~~~h ~W.9 i1j~i if ~ 2 )( ~ Ii! Iii ) g ) ( . ill! j Iii "j1lil )1 ~~" )( ) ( ~ I ) ~r ia 'k · I J ill \ ~ \ il3 ~ . R~I~ ~itl I !! ) ( . ( i i!lljl~~i~~I~~ ) ( ~I ir" ') , . ~ 'j I I ( ~ \, Q i~ 'l~2..6i ): J I. ~~ -~"n ~ I ( ) e~~~ ! ;;~~~~g3 i ) ) · Is t ~~~lB I ) ( t; ) ) '-- ~ - -"b'> ---- -. -.-.,-.......,--'.....--. -....- --~ '-" ,~ ~ ~ '..-' ~ -.- '-" -" -- '-- ---~ - -I? fe, ~ ~ > .; ,., . , 1.(11,,, i~ Jj~ ~~ "IJ)(\ ". h , --1 ~ ~~~ ,. . ~~ 9 ~ ., ?; HEALING HEART WHITE ELK. llC I?' . ~6 . ~2 '. , ~i VETERINARY CLINIC 6~ i ~ " t:i 22& SOUTHEAST 23rd AVfNUE ~? BOYNTON BEAQi, flORIDA ~ ~ III !/llll[l EXHIBIT C April 6, 2007 To Department of Development Planning and Zoning Division: I am writing this letter, asking for a one year extension oft 'site' plan approval on my, property: 226 S.E. 23m Ave. Boynton Beach, Fl. PCN: 08-43-45-33-04-000-008 I am planning on renovating my property, 23rd ave., the delays encountered have been between the Architect (Merrill Romanik) and the Builder. My Impact fee was applied for and the check was written on August 18, 2006. The final revisions of the construction drawings were finally delivered to the Builder who at this time is going through them cautiously and carefully for the final approval. To date, all the changes and mistakes on the drawings have been corrected and revised according to the Archetect. My apologies for the delay. I am excited and quite anxious about this new adventure / renovation for my new clinic! Thank you, hopefully every thing is now in order. If you need to ask me any questions, please call me at: 561-5478277 Again Thank you. s2/::0nce , ) - ~ZJ j(LLL Nanc Keller 'Healing Heart' / 'White Elk Inc' 208 N.E. 3rd Street Boynton Beach, Fl. 33435 EXHIBIT "D" CONDITIONS OF APPROVAL Project name: Healing Heart / White Elk File number: SPTE 07-005 Reference" DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: l. The site plan time extension shall be subject to all previous Conditions of Approval. Conditions of Approval P 2 age DEPARTMENTS INCLUDE REJECT 2. If the building permit for the project is not issued by the end of 2007 (traffic 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: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S :\Planning\SHARED\ WP\PROJECTS\Healing Heart\SPTE\COA.doc