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
/""
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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
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EXHIBIT B
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BOYNTON BEAQi, flORIDA ~ ~
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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