AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
CommIssion Meeting Turned in to City Clerk's CommissIOn Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21,2009 Avril 6, 2009 (Noon) 0 June 16,2009 June 1,2009 (Noon)
0 Mav 5,2009 Avril 20, 2009 (Noon) 0 July 7,2009 June 15,2009 (Noon)
[gJ Mav 19, 2009 Mav 4,2009 (Noon) 0 July 21, 2009 July 6,2009 (Noon)
0 June 2, 2009 Mav 18,2009 (Noon) 0 August 4, 2009 Julv 20,2009 (Noon)
0 Announcements/Presentati ons 0 City Manager's Report
NATURE OF 0 Administrative 0 New Busmess
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
[gJ Pubhc Hearing 0
RECOMMENDATION: Please place this request on the May 19, 2009 City Commission Agenda under Public
Hearing. The Planning and Development Board on April 28, 2009, recommended on a 4-3 vote, that this request be
approved, subject to the applicant seriously exploring the southern access route and all staff conditions. For further details
pertaining to this request, see attached Department Memorandum No. 09-016.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Ocean 95 Exchange Plaza (SPTE 09-005)
Michael C. De Simone
Michael C. De Simone
514-518 West Ocean Avenue
Request for a one year time extension for a new site plan (NWSP 06-020) approved on
October 17, 2006, thereby extending site plan approval from February 23,2009 to
February 23,2010. (Note: a Mitigation Agreement changed the approval effective date of
the development order to August 23, 2007).
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
City Manager's Signature
Assistant to City Manager
Planning and Zoning Director City Attorney / Fmance
S:\Planning\SHARED\WP\PROJECTS\Ocean 95 Exchange Park\SPTE 09-005\Agenda Item Request Ocean 95 Exchange SPTE 09-005 5-19-09.doc
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Sc\BULLETINIFORMS\AGENDA ITEM REQUEST FORM DOC
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-016
Chair and Members
Planning and D",eve~pment Board
,/; J~,
Michael Rumpft(\ '
Director of Plknning and Zoning
Kathleen Zeitler tL
Planner II
April 20, 2009
Ocean 95 Exchange Plaza (SPTE 09-005)
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
Mr. Michael C. De Simone
Mr. Michael C. De Simone
514-518 West Ocean Avenue (see Exhibit "A" - Location Map)
Industrial (I)
Light Industrial (M-1)
No change proposed
No change proposed
Office / Warehouse (133,911 square feet)
6.77 acres (294,997 square feet)
Right-of-way for West Ocean Avenue, then farther north is developed property
classified with Industrial (I) land use and zoned Light Industrial (M-1);
Undeveloped property classified with Industrial (I) land use and zoned Light Industrial
(M-1);
Right-of-way for Interstate 95, then farther east is developed residential property
classified with Low Density Residential (LDR) land use and zoned Single-family
Residential (R-1-A); and
Right-of-way for CSX Railroad tracks, and then farther west are properties with
varying land use classifications and zoning districts. Northwest of the CSX Railroad
Page 2
Memorandum No. PZ 09-016
Ocean 95 Exchange Plaza
SPTE 09-005
tracks are developed residential properties classified with Medium Density Residential
(MDR) land use and zoned Duplex Residential (R-2). Southwest of the CSX Railroad
tracks is a storm-water retention area for Industrial Park, classified with High Density
Residential (HDR) land use, and zoned Planned Unit Development (PUD).
BACKGROUND
The Ocean 95 Exchange Plaza New Site Plan Development Order (NWSP 06-020), was originally approved by
the City Commission on October 17, 2006, and included a designated truck access route to the project along
West Ocean Drive. On January 2, 2007, the City Commission reconsidered their approval and re-approved
the proposed project, reinstating the development order without change to the designated truck route.
However, as a condition of approval, the developer agreed to pay funds to the City for certain off-site
roadway improvements to the designated truck route. Subsequently, in response to concerns of residential
property owners to the west of the proposed project, the City Commission agreed to explore alternate access
routes to the proposed project.
On August 23,2007, an "Agreementfor Mitigation of Roadway Improvements" (Resolution R07-099) between
the City and Boynton Industrial, LLC (the project developer), was executed, acknowledging the parties' rights
and obligations with respect to construction of the northern alternate access route and the proposed project.
Per the Mitigation Agreement, the City is responsible for all costs and other obligations associated with the
construction of an alternate access route, including the acquisition of all necessary rights-of-way, and the
developer has agreed that the designated truck route shall be used as access until such time as alternate
access is secured. The Mitigation Agreement acknowledges the developer's right to proceed with
development of the project without regard to the City's plans to construct the necessary roadway
improvements to the designated truck route or to secure an alternate northern access route.
Stanley Consultant's report entitled "Ocean Avenue Interstate 95 Project Alternate Access Route Study" is
scheduled to be presented to the City Commission on April 21, 2009. In their report they have submitted an
"Opinion of Probable Cost" noting that the cost of an alternate access route could start at 1.5 million dollars
or more. Based on the findings of the report and following further discussion of the alternate access issue,
the City Commission will decide whether the alternate access study should continue to the design phase, or if
the original access route will stand.
PROPOSAL
Mr. Michael C. De Simone (property owner) is requesting a one (l)-year site plan time extension for the
Ocean 95 Exchange Plaza New Site Plan Development Order (NWSP 06-020), which was originally approved
by the City Commission on October 17, 2006. Per the Mitigation Agreement the date the agreement was
executed (August 23, 2007) became the revised effective date of the project's Development Order. Per the
Land Development Regulations, site plan approval is valid for eighteen (18) months from the date of the
development order. The applicant therefore had until February 23,2009 to secure a building permit for the
project. If this request for a one (l)-year time extension were approved, the expiration date would be
extended to February 23, 2010.
The subject property is located south of West Ocean Drive, between the CSX Railroad tracks (to the west)
and Interstate 95 (to the east). According to the staff report for the approved site plan (NWSP 06-020), the
project proposes a total of 133,911 square feet of office/warehouse use on the 6.77-acre site. The light
industrial "flex-space" project consists of three (3) separate buildings: the north building (59,327 square feet)
with 15 individual bays, the central building (43,122 square feet) with 11 bays, and the south building
(31,462 square feet) with 13 bays (see Exhibit "B").
Page 3
Memorandum No. PZ 09-016
Ocean 95 Exchange Plaza
S PTE 09-005
ANAL YSIS
The Site Plan (NWSP 06-020) Development Order was originally approved on October 17, 2006. Per the
City's Mitigation Agreement with the applicant, the Development Order date was revised to become effective
August 23, 2007. According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant
shall have eighteen (18) months 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 17, 2009, six (6) days prior to the expiration date of the site plan.
According to the justification submitted for the requested time extension, the applicant indicates that the
current economic conditions are not conducive to undertaking this project (see Exhibit "C"). The justification
submitted also states that the applicant is still committed to the successful development of the project in the
future as economic conditions improve.
A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency
requirements. The Palm Beach County Traffic Division approved the traffic study for this project based on
1,089 new daily trips to be generated by the proposed development. The traffic concurrency approval
included a restriction that no building permits are to be issued for the project after the build-out year of 2009.
If a building permit for the project is not issued by the end of 2009, an updated traffic approval letter (with
an updated build-out date) from Palm Beach County Traffic Engineering will be required prior to the issuance
of the permit (see Exhibit "D" - Conditions of Approval).
The site plan time extension would still be subject to conditions of approval from all previous applications.
Lastly, no new land development regulations are now in place which staff recommends should be applied to
the subject project.
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for a one (i)-year time extension of the site plan (NWSP 06-020) for
The Ocean 95 Exchange Plaza project. If this request for extension were approved, the expiration of this site
plan would be extended to February 23, 2010. Staff is generally in favor of the development efforts
represented by the approved site plan. If this request for site plan time extension is approved, all outstanding
conditions of approval from the original development order must still be satisfactorily addressed during the
building permit process. Any additional conditions recommended by the Board or approved by the City
Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "D").
S:\Planning\SHARED\WP\PROJECfS\Ocean 95 Exchange Plaza\SPTE 09-005\Staff Report.doc
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EXHIBIT "C"
Michael De Simone
6462 NW 63rd Way
Parkland, Florida 33067
---
C; j/' 4- & () q - ..:-};: 4'5
February 5,2009
Michael Rumpf
Director of Planning and Zoning
The City of Boynton Beach
Development Department
Planning and Zoning Division
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Re: Ocean 95 Exchange Plaza
File No: NWSP 06-020
Location: 514-518 West Ocean Avenue
Dear Mr. Rumpf:
As you are aware, site plan approval for the above project was previously granted by the
City Commission. With this letter, I am requesting an extension to the current site plan
approval for an additional period of one (1 ) year. This request is being made on the basis
that current economic conditions are not conducive to undertaking this project at this
time. We are still committed to the successful development of the project in the future as
economic co itions improve.
rm!!cg~OW!!@
FEB 1 7 2rm
PLANNING AND
ZONING DePT.
EXHIBIT "D"
Conditions of Approval
Project name: Ocean 95 Exchange Plaza
File number: SPTE 09-005
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
2
I DEPARTMENTS I INCLUDE I REJECT I
2. If a building permit for the project is not issued by the end of the build-out X
year of 2009, an updated traffic approval letter from Palm Beach County
Traffic Engineering will be required (prior to the issuance of the permit).
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
3. The applicant shall seriously explore the southern access route, as opposed to X
Ocean Drive
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
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