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
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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
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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.
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