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 Office Meeting Dates in to City Clerk's Office
0 August I, 2006 July 17, 2006 (Noon.) D October 3, 2006 September 18, 2006 (Noon)
0 August 15,2006 July 31, 2006 (Noon) D October 17, 2006 October 2, 2006 (Noon)
0 September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16, 2006 (Noon)
0 September 19,2006 September 5, 2006 (Noon) ~ November 21, 2006 November 6, 2006 (Noon)
0 Announcements/Presentations D City Manager's Report
NATURE OF 0 Administrative D New Business
AGENDA ITEM D Consent Agenda D Legal
D Code Compliance & Legal Settlements D UnfInished Business
~ Public Hearing D
RECOMMENDATION: Please place this request on the November 21,2006 City Commission Agenda under
Public Hearing. The Community Redevelopment Agency Board on October 25, 2006, recommended that the subject request
be approved. For further details pertaining to the request, see attached Department Memorandum No. 06-172.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Neelam Business Center (SPTE 06-010)
Anan Patel, Managing Partner - AA, LLC
AA, LLC
924 North Federal Highway
Request for a 6-month Site Plan Time Extension for site plan approval granted on August
2,2005, to extend site plan approval from August 2,2006 to February 7,2007.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Develop
City Manager's Signature
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anning and 0 g DIrector CIty Attorney / Fmance
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11-21-06.dot
Assistant to City Manager
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-172
TO:
FROM:
Chair and Members
Community Redevelopment Agency
Michael RumP0\\YU
Director of Planning and Zoning
Ed Breese t:e)
Principal Planner
THRU:
DATE:
September 13, 2006
PROJECT:
Neelam Business Center / SPTE 06-010
REQUEST:
Site Plan Time Extension (6 month)
PROJECT DESCRIPTION
Property Owner:
AA, LLC
Applicant/Agent:
Location:
Anand Patel, Managing Partner of AA, LLC
SE corner of NE 9th Avenue and North Federal Highway (see Exhibit "A" -
Location Map)
Existing Land Use / Zoning: Mixed-Use (MX)/Mixed-Use Low (MU-L)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
8,754 square foot Professional Office Building
Acreage:
22,838 square feet (0.52 acres)
Adjacent Uses:
North:
N.E. 9th Avenue right-of-way, and farther north, Boynton Beach F.G.E. #3944
lodge building, zoned C-4;
South:
An auto repair business (Neal Autohaus Auto Repair shop) zoned C-4;
East:
Single-family residential neighborhood, zoned R-1-A; and
West:
Federal Highway right-of-way, and farther west, a retail business (M&M
Appliances), zoned C-4.
BACKGROUND
Mr. Anand Patel of AA, LLC is requesting a six (6) month time extension, for the site plan approval (NWSP
05-022) granted on August 2, 2005. The property, zoned Mixed-Use Low (MU-L), is currently a vacant,
undeveloped parcel approximately 0.52 acres in size. The intent of the project is to construct a three (3)
story, 8,754 square foot office / retail building (see Exhibit "B"). If this request for extension were
Page 2
Memorandum No. PZ 06-172
approved, the expiration date of this site plan would be extended to February 2, 2007.
ANALYSIS
Originally, the City Commission, on February 18, 2003, granted Jeffrey Schnars of Schnars Engineering
site plan approval for the Schnars Business Center at this location. The project did not commence within
the requisite one year timeframe and Schnars Engineering sold the property to AA, LLC, who proceeded
to apply for site plan approval for the exact same building. On August 2, 2005, the City Commission
approved the site plan filed by the new owner AA, LLC.
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". It states further that the City
Commission may extend the approval for one (1) year provided that the applicant has filed a request for
a time extension prior to the expiration of the original approval. In this case, the applicant has met the
requirement. The Planning & Zoning Division received the application for a site plan time extension on
August 1, 2006, prior to the expiration date.
According to the justification submitted for the requested time extension, the applicant lists the following
accomplishments as demonstrating their "good faith" efforts in securing a building permit for the project:
(1) a payment in the amount of $8,700 was made to FPL for engineering associated with relocation of
power poles on the property. The engineering work is complete and $2,600 were expended to prepare a
new survey with relocated FPL easements; (2) plans were submitted to the City on April 18, 2006 for
building permits and an application fee of $5,936.43 was paid; (3) permit comments were received by the
applicant on May 16, 2006, and the plans were subsequently modified and resubmitted to the City on July
19, 2006; (4) Florida Department of Transportation (FDOT) permits have been applied for; and (5) a
temporary construction fence permit has been issued by the City.
A more formal criterion for evaluating requests for time extensions is compliance with (traffic)
concurrency requirements. The concurrency approval from Palm Beach County Traffic Engineering has
expired and a new approval from the County will be required (see Exhibit "C" - Conditions of Approval).
Regarding compliance with City codes, the only new land development regulation adopted since the
approval of this project is the Urban Commercial District Overlay, which is designed to encourage
redevelopment of commercially zoned parcels in a manner consistent with the pattern of those proximate
parcels developed within the Mixed Use zoning classifications. These regulations are designed to create
greater massing on the site and relegate parking to a subordinate position, so it is not placed between
the building and the right-of-way. This particular site plan was designed with urban guidelines in mind,
with the building brought forward on the site, three (3) stories high with appropriate massing and scale,
as well as building features denoted in the design guidelines. Although there is a curb cut off of Federal
Highway, it was also designed with a curb cut off of the side street, as promoted within the guidelines.
The only deviation from the new regulations lies with the interior side build-to requirement of zero (0) to
fifteen (15) feet, where buildings are envisioned to span the width of the entire lot frontage, creating a
wall of buildings lining Federal Highway from parcel to parcel. The approved site plan depicts a 73 foot
interior side setback to accommodate a drive entrance, side and rear parking, as well as landscape buffer.
It is likely, due to the shallow depth of the lot, if the site plan was redrawn to reflect the revised side
build-to line, the building square footage and mass would have to be significantly reduced to compensate
for the parking spaces lost in elongating the building. As with all Site Plan Time Extension requests, the
site plan is still subject to the original 29 conditions of site plan approval. Relative to the Art in Public
Places ordinance, the original site plan approval occurred prior to adoption of Ordinance 05-060.
Page 3
Memorandum No, PZ 06-172
RECOMMENDATION
Staff recommends approval of this request for a six (6) month time extension of the site plan approval
(NWSP 05-022) with the condition that the applicant obtains traffic concurrency approval to extend the
build-out date accordingly. This positive recommendation is based on the fact that the applicant has
demonstrated a commitment to receive the necessary permits, the approved site plan complies with
nearly all of the new regulations of the Urban Commercial District Overlay, and equally important, that
the project retains the same high quality appeal in design that essentially achieves compliance with the
proposed CRA Urban Design Guidelines and would make it a true asset in the Federal Highway corridor.
Approval of this request for site plan extension would extend the project's expiration date to February 2,
2007.
All conditions of approval included in the initial development order must still be satisfactorily addressed
during the building permit process; however, any conditions of approval recommended by the Board or
required by the City Commission will be placed in Exhibit "C" - Conditions of Approval.
S:\Planning\SHAREDlWP\PROJECTS\Neelam Business Center\SPTE 06-010\Staff Report.doc
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Exhibit A
Neelam Business Center
EXHIBIT B
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August 1, 2006
Michael W. Rumpf
Director of Planning & Zoning
City of Boynton Beach
Development Department
Planning & Zoning Division
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425
RE: Request Extension of Site Plan Approval
Dear Mr. Rumpf:
This letter is in regards to the Neelam Business Center at 924 N Federal Highway. As
you are aware the City Commission approved the site plan for the above mentioned
project on August 2, 2005. Parag Construction has been working diligently to secure
permits and all necessary government approvals to commence development of the mixed
use plaza. However, it appears we will fall slightly short of securing a building permit
. from the City of Boynton Beach prior to the one year deadline:
Therefore, we are requesting an extension for the current Development Order approval
for a period of six months. We believe this will be more than substantial time to secure a
. building permit, and all other necessary approvals.
. I cannot emphasize how serious we are about getting this proj ect off the ground, but
please consider the following to determine our commitment to the development of
Neelam Business Center:
1 Payment in the amount of $8700.00 to FPL for engineering and relocating power
poles on site. FPL has completed the engineering process and we have
completed a survey with new FPL easements $2600.00.
2 Permit Application Fee in the amount of$5936.43 was paid to the City of
Boynton Beach on April 18, 2006. Permit #06-2988
3 Comments received on May 16, 2006 were corrected and resubmitted on July 19,
2006.
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5 Temporary Fence pennit secured from the City of Boynton Beach on April 25,
2006. Permit # 0600000832
6 Engineered Roof Truss Drawings complete
7 Soil Boring Tests complete
We would greatly appreciate the granting ofan extension as we are not far out from
breaking ground on this project. Thank you for the time and consideration.
Sincerely, n , ()
(}nond. d. r~
Anand D. Patel
Managing Partner
AA, LLC
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EXHIBIT "e"
Conditions of Approval
Project name: Neelam Business Center
File number: SPTE 06-010
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. All previous conditions of Approval as set forth in the original site plan X
approval (NWSP 05-022) remain in effect.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
2. Provide an updated concurrency approval letter from Palm Beach County X
Traffic Division, prior to issuance of first permit.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
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