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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Offiee Meeting Dates in to City Clerk's Offiee [gJ April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon) 0 May 1, 2007 April 16,2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) 0 July 17, 2007 July 2,2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business [gJ Public Hearing 0 RECOMMENDATION: Please place this request on the April 17, 2007 City Commission Agenda under Public Hearing. The Planning and Development Board on March 27,2007, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 07-025. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Southern Dance Theatre (SPTE 07-004) Penni A. Greenly, Managing Member Southern Dance Theatre, Inc. 1203 Knuth Road Request for a one (1) year site plan time extension approval (NWSP 06-001) granted on March 21, 2006, from March 21, 2007 to March 21,2008. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Developme~ City Manager's Signature Assistant to City Manager Planning and Zoning Direc City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Southem anee Theatre\SPTE\Agenda Item Request Southern Danee Theatre SPTE 07-004 4-17-07.doe S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-025 Chair and Members Planning and Development Board .~~ Michael Rumpf ~ Director of Planning and Zoning Kathleen Zeitler ~ Planner . March 20, 2007 Southern Dance Theatre (SPTE 07-004) 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 Southern Dance Theatre, Inc. Penni A. Greenly, Managing Member 1203 Knuth Road (see Location Map - Exhibit "A") Local Retail Commercial (LRC) Community Commercial (C-3) No change proposed No change proposed Dance Studio (recreational instruction) and Retail 40,075 square feet (0.92 acre) Stor-AII Self Storage Facility zoned C-1; Wal-Mart Super Center zoned C-3; Wal-Mart Super Center zoned C-3; and, Right-of-way for Knuth Road, and farther west single-family residence zoned A-R (PBC Agricultural-Residential) . Page 2 Southern Dance Theatre SPTE 07-004 BACKGROUND Ms. Penni Greenly, Artistic Director and Managing Member of Southern Dance Theatre, Inc. is requesting a one (l)-year site plan time extension for the Southern Dance Theatre New Site Plan Development Order (NWSP 06-001), 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, including concurrency certification, would be extended to March 21, 2008. The subject property consists of a cleared 0.92 acre lot zoned Community Commercial (C-3) located on the east side of Knuth Road, approximately 500 feet south of Old Boynton Road (see Exhibit "A" - Location Map). The project has been approved for the following: annexation (ANEX 06-006); land use amendment (LUAR 06-001) from Commercial High (PBC CH/8) to Local Retail Commercia' (LRC); rezoning (LUAR 06-001) from Agricultural Residential (PBC A-R) to Community Commercial (C-3); and a new site plan (NWSP 06-001). According to the original site plan staff report, the proposed project is approved for a one-story building of 10,000 square feet for recreational instruction (dance studio) and retail space, which are permitted uses in the Community Commercial (C-3) zoning district. The proposed building is to be completed in one phase and consist of 7,653 square feet for a dance studio, and 2,347 square feet for future retail use (see Exhibit "B" - Approved Site Plan). The property owner voluntarily agreed to restrict all uses on the property to those uses allowed in the Neighborhood Commercial (C-2) zoning district which do not require more parking. 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 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 February 28, 2007, approximately 21 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 been working diligently to secure a building permit for the project, and lists the following accomplishments as "good faith" efforts": (1) initial building application submitted in September, 2006; (2) review comments received from the City in October, 2006; (3) revised plans received from architect in January and February, 2007; and (4) all needed revisions to be addressed and resubmitted for further review by end of March, 2007. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. On January 31, 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 2008. The site plan time extension is still subject to the original 37 conditions of the new site plan approval. Lastly, no new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places ordinance (05-060), this project remains exempt, as the new site plan request was filed and under review prior to adoption of Ordinance 05-060 on October 5, 2005. Page 3 Southern Dance Theatre SPTE 07-004 SUMMARY I RECOMMENDATION Staff recommends approval of this request for a one (l)-year time extension of the Southern Dance Theatre new site plan development order (NWSP 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 new site plan 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\Southem Dance Theatre\SPTE 07-004\Staff Report.doc ... 1 I~ [E V 1 In. .. 292.0 feet I I I I .... .~ ....n ~ ..- . . t--......... ...... ...... ~ ~ ~~~~~ .. 7 I i ..~ 0 : I i t I I IT 4 i "- I ) /. ~ - ~ - -~Yl '-- f-- = rT I-- f-- == !I D T ...... r- Exhibit 'IAn - 1203 Knuth Rd Location Map I!~ 'h 7 ~~ l~ EnCHIBIT B ~ "!I!;.1I (-; i~ I~~=JJJI I~hdill ! null ,I I il 'I i I L . 41 I I' l h I II P.Zau I ~ I ..... ,I ... I ~ .. ~ j' I III1II ;!I ~I II ~, ii!~I. ; (I jl n: ~,! i l:ii:l I".. 'ii III! f'III I I I I III II. IIIII .! il I; I~ h !IIi ,"" , I" 'I II ~ ~r.; < . . ~ Q ~ 8 I . I . I ; . I f ',I 'II I.. I I :II 6 I. t1i ~~ I ~I I ~ II.! :l > . l!:! ill: 1111 :I: !I i) II ~ 1111 q .iI n.. 1101 .' Ie 0 !I 0 I!!!! .J u.. C . . w fI) ~~ o. f~ -----~itnMi--- ~ >- !::! lrl ~ a.. EXHIBIT C 140 North Cmgre&ll Ave. #8B Boyrrtm Beach. FL. 33426 (561) 736-9097 Fax (561) 736-2360 Art;~Uo Diraolor: Ponni Gmonlv February 28, 2007 Michael W. Rumpf Director of Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 ~~D~~l9) FES Z 8 2007 Re: Southern Dance Theatre, Inc. Site Plan Extension Request PLANNING AND ZONING DEPT. Dear Mike, I have been diligently working to secure a building permit for the project know as the "Southern Dance Theatre". However, it appears that I will not have secured a building permit prior to the expiration <:>fthe site plan. Pursuant to Chapter 4 Section 5 of the City of Boynton Beach Land Development Regulations, this letter is our official request for an extension to the site plan for a period of one (I) year to allow me to secure building permits for this project. The following is a list of accomplishments that I feel demonstrates my "good faith" efforts: Initial building application with all necessary data was submitted September 2006. Comments for revisions from the city were forwarded to me in October 2006. . In the past two months, January and February 2007, I have just received plans to cover the revisions asked for by the architect, as well as the structural and mechanical. I feel confident that I will have all of the needed plans and data addressing the review from September ready for submission before the end of March 2007 at the latest. Enclosed please find a check in the amount of Five Hundred and 00/100 ($500.00) Dollars made payable to the City of Boynton Beach. Please advise me of all respective dates that this extension request will be heard and before which Boards. If you have any additional questions regarding the extension request, please contact me at the number above. Thank you very much for your assistance in this matter. Penni A. .Greenly Owner 7mcere;~ ~ ~#b Encl: As noted EXHIBIT "D" CONDITIONS OF APPROVAL Project name: Southern Dance Theatre File number: SPTE 07-004 Reference: DEPARTMENTS 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 FORESTER/ENVIRONMENT 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 ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\ WP\PROJECTS\Southem Danee Theatre\SPTE\COA.doe