Loading...
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 ~ / 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 LOCATION MAP Ocean 95 Exchange Plaza Exhi bit "A" 200 100 0 I 200 400 600 800 I Feet W+E S ~ II ~ ''P r if h "> g i 'I :! 1I1~ u i i if:! ,- I' IS Ci In ~~ I; [;> ;" i ' I. i. P 'f .. - , I ~ ~~.f H! 6 ! I '1=1 J ~ 11. d! ;1:1 ! . , :[je n ~ill I' , iPE d~ i ~ I n' i · - 11"1 'r if 111' :, ~~ Fil. f ii pi . r r c -~~ i 11~n [;> . ~tIl~ Ii ,- .1. 5 - i? ~ ~ ;: U;i. ,:, ~ 1 I~ ~ ~ i: !" I~ ,~ 1>-[>>; - 11'1 ,~ Hi ,c rr 11' , ~ ~ 1111 ;t- , ii 14 , l ;; I h !1~~ , n , , . . m ~ t: I o Ii f ~ ni H ~ ~ , !' ~ I q I , 0 ~ ~ , n - f'''1 , '" ['1 I S z if ;il' , I " ~ .. ~'il :r--'l : , g ~ ii 1 ' I '" , , '" x r Pi , ~ 5"9 I ~ ~-~i c: . > I~ ." Z Iilp ," ii C1 ,\\ ~ "' ;l~ ~3 s' ,c ? Hi , ;;; !~ ~ r. d f i I fm 'llij 1__ .! nn ~mi !BJ. !m ~ ss , E - Iff II m f~t '" [of J~ ::j ili '" I: m ." or. r;: r~ z 1'[.:; '. ~ I. fi . -, ~ ! i :> I . 9~ ...... m ~~i ~i; .. . j! m Ii HI r; !i., -~ K'i , , "/ f h~ iZ! ~.q 1'''1 i f J s . .r I[ --I itr h ii~ ;~! !! HI ;ii f; E!i .., r. ~. '" i fi ' -I r-':;~~~--l I :~: ]: : ~~', .~' ~a ~ ~.~ !'1o I g g , ." I ~r.n L g ~ I ; II I, ~ ~ t ~ I,!: I ~ , 0 , I 2 : ~ " I ~~', : . c , ~~ ~ : a ~ I , ' , ' , ' I I , ' I I , ' " " " " " " " 1 I , ,,-- Ii : ~ I' /'~ @ ~\, 1:~r ~ ::::~> @ lir\ ql' .~: , " ,~ " l~ 1< ,< , , I , , , , I I , l~c. ~~5" 8 ,,~~ tT1 tn-.gVl"T1Z ~~. 5' ~.g ~;l 5'~c~~lj?: !!.p.3~;;btJj 6. VI to::r il Z r::. ~" .8 ~ ~ ~ ~ 5 ;~,~ 05"OZ j~:r:_,n C1 R~~ 3NI=,_~:l_1~~ ___ IBIT B 3Nll fiJ_l~~___ , , ''"1"- -"-- I , , C/) >-< >-1 tTI '"d ~ !> ~,c. C"\ r~~ cck C,i ~ " c", 'c"Pi 1\ C_,_~ " ! q r-- - l"""'" /I:::J 0 ~ o i"' ~ !. i~ r n ~~ ~ ti ~ :::::J 0 p 0 ~;W i ~ ~I~ ~. ~U . I-e . ~~p 0 Il..::~ i f-- , p I]] p [] "'%1(" ~ ~r~ % ~.i, c "~.R 0 I~f ~ ,. ~ ::J G .. " ;;; r Ig~ -~:i :='c z:: ""5 z C'l > I f'- a . i H ::J [J =:J D =:J iii P III p m I _II. l> II! "c ,.c ". ~ ~~R ., C/l r" .,..-l . I----lJ I , "'-. ~ (tj I F ~o. r l Fiji :-r, ::::J . ...., < '. p > I"'''c" c J ril"" :c'N"'cc~'U'?"i;c"" It.{ __ .~ ..\<". , 0 ,n . ~I: z'~ ~.:I;;. H :=J 0 .. ~.,.c ~r -~r~ I~ tau jli~ Q ~~, ~ ~~t ..... 'cC ,v;:c-;..,.;.c,'; :1 ; .'~.' R~ :~,; ~ . :~.. ~t~. . I=J.-n I=J m ...- ~cc""c::.<'ll l-- ij ~il .j p H~~ ~p _ .e~~ .,":""","'c'c:c,:,;Jtl' ,':':: ~. ';; JJ ;: ~'c :j.. :. _ ~,,'i -ip~ - ,~J' t:::J In~!~ p~~ i=- J;:J ~~!; . m~ a~Jj Q j2jt T c.c ..' _ ReK \ 4'I'c,",":.'!'!c ~.~ ;!, Cc.' :,C\, U~. ~ ".c V c 'c ,,'4 .~ I e ~~;. iil ...;~.:~:"'-~::: ail ~'<'~~~i - I?e h'- ~~I~ ~ ........ ::::J ~I -::~c:~""::'~ ~i ~11( , ~H J ',.,cc c ~..,-'c' . ,., ':- r~i:!:.,~'.~CO.: m~ R. c' j' R U J" ! I . ~! il~i -~ I ~i ~.~ I " l ~ J .ti~~ d" C/' J~fi~~ ~t '" 101 Ii ., -- c.-_ ~II .! ~~ ~U II III, ~ !i'~ . i . . . . ,~ ~f; L~( ~ ~ ;)-cl;,: ~ -.' "",..";c/,:'!IJt:1 ~ - -- :=J'-~ Ii 1'~'I7;;i.""c, H. ... ..... . .:. .{ ,~. ~~:: . c" ':;:"./i:~:;':,:~;(;,~r-1.;' .[;1 I=J . IT ~; [ 1M" 11 r~h,. ~~ I~~ g: ;i!t . ~~I= I .. i ~ ~ ;1.il~'li;ii~..I'1' '~i ~ tT1 'R.~ I ~' r ..., l' ~;~~ 'c I~ ;:c ~ .~ ~.." c ;;;", trJ j Jii,~~,~v:;lj'\ ~iig Q o ~~l~' ~?~~ ;> Z e'~ ~~~K :j r~--j 4" ;) h i~ z ~h ! !i hi rs ' I: !i~ n ~i di ~::. 'n~ ,.,' ~~ R .~ HIBIT B ~ I"\~ ~~ ;~unqil fl~ dPH;!~ ~ IP I ~ l III ' I II q J let f L S i fn~~~~~ . i ~ I n!n If II! l.J IT i!; ~ ii~~ C/l ~u ~r!R 0 m f ~~ e ~~8~J ~ ~fii ~rB~ ~ ~ .t ~t ~~~w~ < ~~ ~~!il~i d f ~ '!gP~!K 0 IJ~~. h H'I Z ~~I~. 10 I ~ I :If ~C%'~i c m( ~NUii l J iJU . ;Ji! · ~~. ~I~~ ! ~ei - . . I "1,- · I ~, - m . 'I ... I . r ~; t~ I: . < I I I f I ~ i ~!I I, I i .t. ! ~I .tld ~ f f iI~,1 I Ii I ;1 I' i I ,i 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. S:\Planning\SHARED\WP\PROJECTS\Ocean 95 Exhange Plaza\SPTE 09-005\COA.doc