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AGENDA DOCUMENTS MEMORANDUM April 29, 1986 TO: TECHNICAL REVIEW BOARD Perry Cessna, Utilities Director Rick Walke, Public Works Director Charles Frederick,Recreation and Parks Director Craig Grabeel, Asst. to the City Manager James Rhoden, Fire Chief Bud Howell, Building Official Lt. Bill McGarry, Police Department Tom Clark, City Engineer Kevin Hallahan, Forester/Horticulturist FROM: Carmen S. Annunziato, Planning Director RE: TECHNICAL REVIEW BOARD MEETING Please be advised that on Tuesday, May 13, 1986 at 9:00 a.m. there will be a special meeting of the Technical Review Board in connection with four applications submitted for Land Use Amendment and Rezoning to a Planned Development as outlined below: Master Plans 1. The Shoppes of Woolbright (Planned Commercial Development) 2. The PCD Center (Boynton Beach Park of Commerce Planned Commercial Development) 3. Cross Creek Centre (Planned Commercial Development) 4. The High Ridge Center (Planned Industrial Development) All plans and supporting documents are available Department for your review prior to the meeting. your attendance. in the Planning Thank you for ,.. C~..5( ~~~ CARMEN S. ANNUNZ TO flat cc: City Manager Central File Bob Donovan Wm. Cavanaugh Dianne Lawes "";"11 . , t'M t EXHIBIT A LOCATION MAP CROSS CREEK CENTRE LAND .USE AMENDMENT IREZONING ~ , .E L ':C -~, . , , [~ J C3 , " J G " '" , R1AA ,~ <I) \1), ~ ~ ill 1 ,-- <(I Mr. Carmen Annunziato 'larch 31, 1986 Page 2 i. Soil Conservation Service report. j. rlaster Plan (7 copies). k. Drainage Plan (7 copies). 1. Filing fee: $1000.00 Since the application required the signatures of eight individuals, we have submitted a letter of authorization in lieu of the signature block provided for in the application. Although not requested by your office, we have contact the appropriate utilities and services entities for letters of confirmation. lie ~lill forward their responses as soon as we receive them. lJe look forward to presenting our petition to the City Council and ~Ie ~lou1d appreciate your advising us of the meeting dates as soon as they are confirmed. Your cooperation in this matter continues to be greatly appreciated. Sincerely yours, ~fJc.~ Kevin IlcGlnfey I President Enclosures EXHIBIT B ~ A.ER\A.L PHOTOGRA.PH CROSS CREE\< CENTRE ~ EXHIBIT C =- -rL:: " .' " \\ , ~ t <d ~" ",,' ~ l , Xi (. ~. \ \ ... .. .~ ~' \ 'r-' .. . .. '\''''~' "",. ' .il ,~ " ,\~, , ' '" \ ,,,. ~ '... ~ , l ~"" 1- .. .. ~::-;-;; _.'~_ .__.,~,..-r-." ... ,,~ OK ~ ~ _W,,:" _z So"'... 0" ! "'~ . ...... I ;O~ ...,.' oj'; - . ..."" ..~ ClCO~ ...~tl ~~ . ~~~\ .,,; 011 ' ",,,~ ~i~~\ _",0 " .. z "" 'It O~ \!-. WI ~' 'j; ~~\I \~ ~~ ,,~~ ~ ~ ,\& '.. ... ~. ~ ~~~ .. )i: l~~ . ~'" '!~ ~lc!~ ,\il-S:: . 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"11 ~\ '<I~'\\ \\t ~~J . f'll -\\ '.\ ;!';':") i~\.. ./-1 \"\'1' /~ ~;1 H ~~\ ~ ~'t~ ,-,-,:: ~ ~" ~ ~ \ ~ . ~ ;:\:A < ~ l~ \ \~\"'Af. ~ \~, 'it pi ~ '\~ !'ill, ~lb nrt ~ ~).;\~ Il' 'i. ~i.t' ,II <I \~~~ \\\ ~ \~~,~ i'l ~ ~ \l~~\ \\1\ 'I: ~~~,,~ I . \' \ ... "t... 1 ~ \ . ~ . ... ~\ "4 .t ,,-' "" \ \ ~ i \ l ~ '\ ~, ~ ,. ~ t ~ ~. . .' ..... ~~ ...". ~ . "...... ..' . '!::o\'t- c;.\'- ~",' .' :" 1; i: ;i ,i / ., ~~ ., ~ , < ~ . .. . ...\. l ,,4." ~ ..--\...,-: .." ~.....\\ \.~~" ~~~ ~ ~~~.. 1 :.\~~ '- ........ ~. , I \ \ ., '~~ ~',:~~~~ ~q: ""'"\~_u l~. '1$ .,-: ".;\ - ~nB~ ~n ~ \ '- i , ~ ~ . \\' ~~ ,6&6'5/ ,r16)f?; ;fI,,.:*.#,'~,1;N I . EXHIBIT D -_....~~~~-- .-- ::::-~ \ A ~ ~ ~ 0 }o 0 . . ~ \ ~ , ~ ~ \ Ci \ __1 ~~-- , ~ I \ : ) . -' I . \ \ \ \ \ \ \ \ L, \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ . . 'I .. t ..' , \ , \ ! t ~ ~ o , z ~ \\V \ ;~~\ \~~\ ~ i ~1~9~ \'." . ~ t\\ l ' . tho ' ~~.~. ~ IH ~ ~ i i ~ p,~ t 0 fl' '" ~ 1~~~~~ ~ : n~\H~ ~W~~~ · l~~'%~% o~ .~ ~~~ ~~f !'I · ~ bOo 00 l"" ~ ;tt H ~s ~p ~ ~i~ \" · ~~~ 0 h~ ~~ U ~~~ ; ~ . " , \~~~ .~r 00 % \1\\ ~H W~ \~ \~\ ~ \ \ \ \ . - . < . ~ . . . . l \ T~e \..AWFleNce GFlOUP ~~ OHaAT"'P a_"TOen' ..aNN'" a"~ ...e". "o.,pa ~ I ,~ ~ ~~ .' ~. - .~' ....~... ....-....... ....".. o~, ....~"'''l''C. ..,........-0'" ~..c:..... r..~1-. EXHIBIT E APPENDIX A-ZONING Sec. 6 . city attorney and no zoning of land to the PeD classi- fication shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations. 4. Standards for planned commercial developments. In for- mulating recommendations and reaching decisions as to the zoning of land to the planned commercial development zoning classification, the planning and zoning board and city council shall apply the following locational, utility and environmental standards consistent with the compre- hensive plan in addition to the standards established in section 9c of these zoning regulations applicable to rezon- ing ofland generally. a. Relation to major transportation facilities. A PCD shall be so located with respect to major roadways or other transportation facilities as to provide direct access to major transportation facilities without creating or gen- erating an unacceptable level of traffic along streets in residential areas or districts outside it. b. Extensions of publicly owned and maintained utilities and storm sewers, etc. shall be constructed by the applicant at no expense to the city and said utilities, etc. shall be deeded to the city clear of any encum- brances. Construction standards employed in the in- stallation of publicly maintained utilities and storm sewers shall be those promulgated by the engineering and utility departments as amended periodically. Con- cerning streets, consistent with the intent of these regulations, any required roadway improvements shall be constructed at the applicant's expense including the dedication of additional rights-of-way as noted in the traffic and circulation element of the comprehen- sive plan and the replacement of roadway capacity when applicable. c. Physical character of the site. The site shall be suit- able for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, an- Supp. No. 28 1924.9 Sec. 6 BOYNTON BEACH CODE noyances, or inconveniences. Condition of the soil, groundwater level, drainage and topography shall all be appropriate to both kind and pattern of use intended. 5. Uses permitted. Within a planned commercial district, no building, structure, land or water shall be used except for one (1) or more of the following uses: a. All uses listed in Section 6C1 of these zoning regula- tions provided however, that uses listed as conditional will not be required to secure conditional use approval if shown on the master plan required as a part of this submission; b. Uses ancillary to permitted uses; and c. Commercial uses not listed in Section 6C1 but approved by the planning and zoning board. 6. Uses prohibited. a. All uses listed in Section 6C2 of these zoning regulations. 7. Design criteria for planned commercial developments. In addition to the design and construction criteria established in other chapters or sections of the Boynton Beach Code of Ordinances, the following design criteria shall be applica- ble to the zoning, design and construction of planned com- mercial developments: a. Minimum land area. The minimum land area for a planned commercial development shall be three (3) con- tiguous acres. b. Off-street loading. Every hospital, institution, hotel or commercial building or similar use requiring the re- ceipt or distribution by vehicle of materials or mer- chandise shall have one (1) off-street loading bay for each twenty-five thousand (25,000) square feet of gross floor area or fraction thereof. Off-street loading areas shall be designed in such a manner as to screen from view at ground level, parked vehicles, a materials han- dling facilities including compactors or dumpsters. For the purposes of this section, screening is defined as a solid stucco masonry wall painted on both sides. Supp. No. 23 1924.10 EXHIBIT F of additional space Is currently under construction; (~) 430,498 sq. ft. of additional space has been approved; and (d) Woolbright Corporate Center and COngress Center, both occupied In December, 1985, are 15% and 25% occupied, demonstrating relatively low absorption rates. 3. Although there has been little development activity In the "Class B" market, the expanding residential and commercial bases In the area will generate the need for additional space for these types of tenants. 4. Most of the "Class B" type tenants are currently locating in retail shopping centers, as mentioned above. Where asking rents are generally In the $10.00 - $15.00 per sq. ft. range however, It Is observed that these tenants normally do not occupy prime locations. Therefore, It Is concluded that base rents In the $11.00 - $14.00 per sq. ft. range are feasible. In this regard, Greentree plaza II (office component) expects to ask base rents of $13.00 per sq. ft. for second story office space. VII I. CONCLUSION Based upon the observations and analyses presented in the body of this report, the following conclusions and recommendations are presented: 1. It Is suggested that the most appropriate use, at this time, for the Subject Site, in light of the alternatives reviewed, Is for a mixed-use retail/office center. It Is suggested, due to the 29 O~ '~JodaJ slq~ U! pe!pn~s s~e~Jew pue e~ep ~UeJJn~ eq~ ~O ~JOMaweJ~ aq~ U!q~IM elqeuoSeeJ ~SOW Sl 'eAoqe peull~no SJa~aweJed eq~ ulq~IM '~~arOJd asn-paxlw a~I~~O/lle~aJ ~O ~uawdolaAap aq~ ~e4~ pepnl~uo~ Sl ~I 'eJn~~nJ~s ~UeJ papueWWO~eJ eq~ ~O ~JOMaweJ~ eq~ ulq~IM 'Je~Ue~ eJ!~Ua aq~ JO~ elqeuoSeeJ Sl uOI~~as SnOIAaJd e UI passn~slP a~eJ UO!~dJosqe q~uow Jad .~~ 'bs 000'9 o~ OOO'~ e4~ ~e4~ 'papnl~uo~ 'aJo~eJaq~ 'S! ~I 'uol~e~uaIJO Ile~aJ e ~o auo aJeM Ja~ua~ a4~ ~I se paMa!A aq Plno4s sa~eJ UOI~dJosqe ~~aroJd IleJaAO ~e4~ papnl~uo~ S! ~I 'sJa~ua~ oUI~slxa UI s~ueua~ ~o sadA~ asa4~ ~o aoe~ua~Jad qO!q aq~ pue s~ueua~ ,,8 ssel:)" ~o aJn~eu a4~ o~ ana .~ 's~ueua~ Ile~aJ-uou o~ alqel leAe apew aq Plnoqs saA!~euJa~IB .~~ 'bs 000'1 o~ .~~ 'bs OO~ allqM 'aOUBJ .~~ 'bs OOZ'I - 000'1 a4~ ul aq Plnoqs sAeq I le~aJ .~~ 'bs Jad OO'vIS - OO'IIS - I le~aJ-uou pue l'~~ 'bs Jad 00'91$ o~ OO'vl$ - Ile~aH :sJa~aweJed OUIMOllo~ a4~ U!q~IM Ile~ Plnoqs s~uaJ ~au aldlJ~ paseq ~a~JeH 'Z .sasn Ile~aJ-uou o~ paMollB a~eds aq~ ~o a~ueleq a4~ q~IM (sJa~ueo dIJ~S OUI~s(xa JaoJBI aq~ o~ eZls ul Jellwls 'a'i> .~~ 'bs 000'0( - OOO'~Z ~o wnwlxew e o~ pa~lwll aq ~uauodwo~ Ile~aJ aq~ ~Bq~ pa~saoons sl ~I 'aJo~aJa41 's~uBua~ (aJo~s onJp Jadns '0'8> JOrew ~~eJ~~e 0+ sAeq uo(sap o~ S~Jo~~a ~lq(qul 111M (~aa~ 091 'a' i> A~JadoJd aq~ ~o q~dap aq~ 'JaAaMoq lpezlseqdwa aq ~uauodwo~ S(q~ ~Bq~ '~a~Jew Ile~aJ dIJ~S aq~ ~o q~ouaJ~s pal~(~uapl EXHIBIT G "",. . \ MEMORANDUM May 20, 1986 TO: Chairman and Members, Planning & Zoning Board FROM: Carmen S. Annunziato, Planning Director RE: Cross Creek Centre (Steven Rhodes) - Land Use Amendment and Rezoning Application Summary: Kevin McGinley, agent for Steven Rhodes, applicant and trustee, is requesting that a 3.971 acre parcel be rezoned from R-3 (Multi-Family Residential) to a PCD (Planned Commercial District) and that the Future Land Use Plan designation for this parcel be amended from "High Density Residential" to "Local Retail Commercial." The subject parcel occupies 1,081 feet of frontage on We~t Boynton Beach Boulevard between the Villager Shopping Center and the L.W.D.D. E-4 canal (see attached location map in exhibit A). Currently, the property is vacant (see attached location map in exhibit B and survey in exhibit C). The proposed use of this property, if rezoned, would be to develop it as a Planned Commercial District (PCD), which would include a 20,000 square foot mixed-use retail building and a 15,000 square foot office building for a total of 35,000 square feet of commercial floor space. Surrounding Land Use and Zoning (see attached location map in exhibit A): Abutting the subject parcel to the west is the Villager Shopping Center zoned C-3, Community Commercial. Abutting the subject parcel to the north is a 120 foot right-of-way for the L.W.D.D. L-24 canal. Across the canal to the northwest are 2 undeveloped residential lots (1.88 acres) zoned R-1AA, Single-Family Residential. This 1.88 acre parcel is currently owned by the Montgomery Ward Development Corporation. An application has been filed with the Planning Department to rezone this parcel to C-3, Community Commercial, and to amend the Future Land Use Map from "Moderate Density Residential" to "Local 1 " ,.. '~...'" Retail Commercial", in order to allow the construction of a stormwater retention area for a proposed shopping center to be located on the C-3 zoned parcel between Hoadley Road and Congress Avenue, bordered by Old Boynton Road to the north and the L.W.D.D. L-24 canal to the south. Immediately to the north of the subject parcel, across the L.W.D.D. L-24 canal, is the Venetian Isle subdivision zoned R-IAA, Single-Family Residential. Single-family homes within this subdivision abut the L.W.D.D. L-24 canal right-of-way along its northern boundary across from the property in question. The homes in this subdivision are for the most part in good to very good condition. Abutting the subject parcel to the east is a 180 foot right-of-way for the L.W.D.D. E-4 canal. Further to the east, across the L.W.D.D. E-4 canal, is a large vacant parcel zoned R-3 which extends eastward to the intersection with Old Boynton Road. This parcel is approximately 16 acres in size. To the south, across West Boynton Beach Boulevard, are the Leisureville Lake Condos zoned R-3, Multi-Family Residential. Present Zoning: The present R-3 zoning would allow for the development of 42 mUlti-family dwelling units including apartments, condominiums, townhouses and their attendant recreational facilities. Also permitted in the R-3 zoning district are all uses permitted in the single-family and duplex (R-2) zoning districts, sUbject to the applicable building and site regulations. Additional uses permitted in the R-3 zoning district, subject to Conditional use approval, include private clubs, lodges and fraternal organizations, golf courses, swimming and tennis clubs and similar recreational facilities, and rooming and boarding houses. The R-3 zoning requires a minimum 4,000 square foot lot area for multi-family dwellings with a minimum 100 foot lot frontage. This parcel could be developed for a maximum of 42 multi-family dwelling units given the R-3 density restriction of 10.8 dwelling units per acre. Proposed Rezoning (see master plan in exhibit D): According to Section 6-F.l of Appendix A, Zoning, the purpose of the PCD zoning district "is to provide a zoning classification for commercial developments that will better satisfy current demands for commercially zoned lands by encouraging development which will reflect changes in the concepts and technology of land development and relate the development of land to the specific site, to conserve natural amenities and to allow for the mitigation of negative impacts which result from land development. The proposed Cross Creek Centre Planned Commercial Development consists of two separate single-story buildings: a 20,000 square foot building devoted to retail uses and a 15,000 square foot 2 building devoted to office uses for a total of 35,000 square feet of commercial floor space. A 25 foot wide greenbelt is provided along the northern and eastern property boundaries where the subject parcel abuts residentially-zoned property across the L-24 and E-4 canals. A six foot high concrete block wall would also be required along these property boundaries. A ten foot wide greenbelt is provided along the southern and eastern property boundaries where the subject parcel abuts West Boynton Beach Boulevard and the villager Shopping Center. The proposed perimeter greenbelt for this project conforms to the requirements of the PCD zoning regulations. The PCD zoning district permits Commercial buildings up to four stories high and would permit any use allowed under the C-3 (Community commercial) zoning district regulations, as well as any additional uses approved by the Planning and Zoning Board. Therefore, the 15,000 square foot structure labeled as "offices" on the Master Plan could conceivably allow any use permitted under the C-3 zoning district regulations unless the Planning and Zoning Board and City Council were to limit the use of this structure to those uses permitted under the C-1, Office Professional, zoning district regulations. If this condition is placed on the office building and the rezoning is approved as submitted by the City Council, the applicant should be required to submit a revised master plan document which indicates that the uses allowed for the office building will be limited to those permitted under the C-1, Office Professional, zoning district regulations. The applicant should also indicate on the master plan that the proposed development will have a height limitation of one story. Comprehensive Plan - Future Land Use Map: The property in question is currently shown on the Future Land Use Element as "High Density Residential," so an amendment to the Future Land Use Element to "Local Retail Commercial" as requested by the applicant, would be necessary given the proposed nature of the development. Comprehensive Plan - Text: The following Comprehensive Plan policies are relevant to this rezoning request: "Provide a suitable living environment in all neighborhoods."(P.6) "Preserve the present stock of sound dwellings and neighborhoods."(p.6) "Provide a range of land use types to accommodate a full range of services and activities." (p.?) 3 "Eliminate existing and potential land use conflicts" (p.7) "Encourage the development of complimentary land uses" (p.7) "Encourage the development of commercial land uses where accessibility is greatest and where impacts to residential uses are minimized." (p.7) "Centralize and cluster high density residential development around "activity centers" created by arterial crossroads and in other areas of high accessibility." (p.39) "Discourage the expansion of strip commercial development (p.39) Procedure: This request for an amendment to the Future Land Use Element of the Comprehensive Plan and rezoning are being processed consistent with the requirements of Chapter 163.31.87 FS, Amendment of Adopted Comprehensive Plan, the adopted City Council policy for the processing of plan amendments, and Section 6-F (Planned Commercial District) of Appendix A, City of Boynton Beach Code of Ordinances. Planned Commercial Development Standards: There are three standards listed in the PCD regulations which affect the location and ability to serve from a planning perspective (see exhibit E). These three standards are as follows: 1. Relation to major transportation facilities. 2. Roadway improvements and utility extensions. 3. The physical character of the site. Standard number 1 suggests that PCD's should be located where access to major roadways is afforded and where traffic levels generated in residential areas will be acceptable. The proposed PCD does in fact meet this criteria. As noted in the correspondence from the Palm Beach County Traffic Engineer in exhibit G, Boynton Beach Boulevard west of Congress Avenue is presently operating with traffic volumes in excess of its design capacity. However, future improvements to this portion of Boynton Beach Boulevard (six laning) will provide adequate capacity to accommodate the project's impact on that critical link. Standard number 2 suggests that the applicant shall be responsible for constructing and dedicating all infrastructure necessary to serve his site, inCluding the dedication of 4 additional rights-of-way and the replacement of roadway capacity when applicable. It can be assumed that the applicant will meet standard two if approved, with the exception of replacing roadway capacity which, as noted in the previous paragraph, is currently included in Palm Beach County thoroughfare improvement plans for the current fiscal year. Standard number 3 is concerned with the environmental aspects of the site, and it can be reported that the site is appropriate for the suggested development from an environmental point of view. That is, no hazards to persons or property on or off the site should develop as a result of this project from flooding, erosion, or similar dangers. Economic Standards: In connection with the Planned Commercial District regulations, two types of economic documents are required: a market study and employment projections. With respect to the market study, the study concludes that the proposed development is economically feasible according to the conclusions and guidelines provided in exhibit F. According to the employment projections submitted by the applicant, it is estimated that the proposed project will employ 138 persons at buildout. Of this total, 38 employees will be required for the retail portion of this development, while 100 employees are expected to occupy the office portion of this development. INFRASTRUCTURE Water Service: In order to provide water service to the proposed project, the conceptual utility engineering plans provide for an 8 inch water main to be constructed along the southern boundary of the applicant's property. The proposed 8 inch water main will connect onto the existing water distribution system in the vicinity of the property as follows: (1) jack and bore at the southeast corner of the property to extend the proposed 8 inch water main beneath West Boynton Beach Boulevard to connect onto an eXisting 12 inch water main on the south side of this roadway and, (2) connect the proposed 8 inch water main onto the stub-out for the existing 6 inch water main which is located on the north side of Boynton Beach Boulevard at the western boundary of the subject property. In regard to water demand, the proposed project will create less of a demand on water supply than a mUlti-family project under the existing land use and zoning: 3,500 gallons per day for the proposed project as compared to 20,640 gallons per day for a multi-family project under the current land use and zoning. Sewer Service: The applicant proposes to construct an 8 inch gravity sewer system along the southern property boundary which will connect onto an existing manhole on the north side of Boynton Beach Boulevard. This manhole will link the proposed 5 on-site system with the existing system south of Boynton Beach Boulevard. The sewage demand for the proposed project is less than that for a multi-family project under the existing land use and zoning: 3,500 gallons per day for the proposed project as compared to 10,320 gallons per day for a multi-family project under the current land use and zoning. Topoqraphy, Vegetation and Soils: The property upon which the proposed PCD is to be constructed has a mean elevation of approximately 12 to 13 feet throughout most portions of the site. The predominant soil type is Basinger Fine Sand which is a nearly level, poorly drained, deep, sandy soil that occurs in broad grassy sloughs. Concerning on-site vegetation, the majority of the vegetation is concentrated toward the rear of the property along the L.W.D.D. L-24 and E-4 canals and consists primarily of exotics, particularly Austrailian Pines and Florida Holly. Significant species include two cabbage palms and a rubber tree which do not exceed six feet in height. Based on this information, there should be no impediments in site development with regard to environmental constraints. Drainage: The applicant has submitted a schematic drainage plan which proposes to provide on-site drainage through a combined network of perimeter grassed swale areas and an underground exfiltration trench system beneath the parking lot areas. There will be controlled discharge of the stormwater runoff into the L.W.D.D. L-24 canal. Based on the information submitted, it appears that the project can meet the requirements of the regulatory agencies involved in stormwater permitting. Roadway Capacity Analysis: As a result of the adoption of the new Growth Management Legislation, it is appropriate to review all rezonings and/or Comprehensive Plan amendments on the basis of infrastructure capacity. This is particularly important when attempting to analyze whether or not the Thoroughfare Plan as adopted provides enough capacity to meet the needs of any request which will intensify the level of land development, thus potentially creating more traffic than the system was designed to carry. The traffic impact analysis prepared by Ken S. Rogers, Consulting Engineer, Inc., concludes that no additional roadway improvements are required as a result of this development. The County Traffic Engineer concurs with this conclusion as previously noted in this report and in the correspondence in exhibit G. ISSUES AND DISCUSSION 1. Whether development of this property for commercial uses will 6 have an adverse impact on surrounding residential properties. since the proposed PCD, consisting of a mix of retail and office uses, would be located a distance of approximately 120 feet across the L.W.D.D. L-24 canal from the rear property lines of the homes in the venetian Isle subdivision, the potential exists for a serious land use conflict to occur. This would still be the case after taking into consideration the zoning code requirement for a 6 foot high concrete block wall between commercial uses and residential uses and the 40 foot rear-yard setback for the PCD zoning district. Activities that would be incompatible with nearby residential uses would include noise from trucks, noise from loading and unloading activities, noise due to unloading of dumpsters, odors from dumpsters, glare from parking lot lighting, trash and litter accumulation, and the unpleasant aesthetics that are typical for the rear of a project containing retail uses. To a lesser degree, certain of these impacts may also pose a nuisance to those property owners in the Leisureville Lake Condos development, whose units abut the south side of West Boynton Beach Boulevard across from the property in question. It should also be noted that these impacts would be minimized if the uses permitted in the proposed PCD were limited to those allowed under the C-1 (Office/Professional) Zoning District regulations. commercial zoning of this parcel would also set a precedent for commercial zoning of the vacant R-3 zoned parcel located across the L.W.D.D. E-4 canal to the east, bordered by West Boynton Beach Boulevard to the south and Old Boynton Road to the north. This would further exacerbate the impacts to surrounding residential properties, particularly those in the vicinity of Old Boynton Road 2. Whether there is an adequate supply of existing commercially zoned property in the vicinity. There are approximately 59 acres of C-3 zoned property at the intersection of West Boynton Beach Boulevard and congress Avenue. This figure does not include the undeveloped property between Congress Avenue and Knuth Road currently in Palm Beach county. It is anticipated that this property will be zoned for commercial uses upon annexation into the City of Boynton Beach. Of the 59 acres of C-3 zoned property at the intersection of West Boynton Beach Boulevard and Congress Avenue, approximately 20 acres remain undeveloped. Of the 20 acre total, approximately 15.25 acres at the southeast corner of Congress Avenue and Old Boynton Road are currently owned by the Montomery Ward Development Corporation as stated earlier in this report. Harold S. Wenal currently holds a contract to purchase on this parcel and it is 7 anticipated that this parcel will be developed for a shopping center. In addition to the 59 acres of C-3 zoned property at the intersection of West Boynton Beach Boulevard and Congress Avenue, the Boynton Beach Mall, which includes four outparcels, occupies 139 acres of C-3 zoned property within one-half mile of the property in question. Approximately 19 acres of outparcel property is currently undeveloped. From this data, it can be assumed that there is currently an adequate supply of land for both retail and office development within the vicinity of the proposed PCD. In the future, it can be anticipated that there will be a greater number of residents within a one-mile radius of the subject property than at the present time. It can be assumed, therefore, that there will be some increased demand for commercial floor space in the vicinity. As previously noted, the applicant has submitted a market study which indicates that the proposed PCD could be supported by the surrounding market area. 3. Whether the property in question is physically and economically developable under the existing zoning. As outlined in the section entitled "Present Zoning", the property could be developed for 42 multi-family units under the existing R-3 zoning. Also permitted it the R-3 zoning district are single-family homes, duplexes, and those uses listed as Conditional Uses under the R-3 zoning district regulations (see "Present Zoning" for a listing of those Conditional Uses). Therefore, it can be concluded that the property is developable for a range of residential and recreational uses under the existing R-3 zoning regulations. 4. Whether commercial zoning of this property would be consistent with Comprehensive Plan policies for the location of commercial uses. Commercial zoning of the subject parcel would be inconsistent with Comprehensive Plan policies for the location of commercial uses. The Comprehensive Plan encourages the development of clustered neighborhood and community commercial centers at arterial and collector intersections and discourages strip commercial development. The proposed rezoning, if approved by the City Council, would result in the creation of a strip commercial development. Commercial zoning of the subject parcel would also be inconsistent, in part, with the policy of encouraging development of commercial land uses where accessibility is greatest and where impacts to residential uses can be minimized. The question with respect to this particular Comprehensive Plan policy is whether or not the impacts to the surrounding residential uses can be minimized. Therefore, in 8 this context, the proposed rezoning would be contrary to the following Comprehensive Plan policies: (1) To provide a suitable living environment in all neighborhoods (p.6) (2) To preserve the present stock of sound dwellings and neighborhoods (p.6) (3) To eliminate existing and potential land use conflicts (p.6) (4) To encourage the development of complimentary land uses (p.6) (5) To encourage the development of commercial land uses where the impacts on residential land uses are minimized (p.7) (6) To discourage the expansion of strip commercial development (p.7) Based upon this analysis, it can be argued that the proposed rezoning, if approved, would result in a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare and, in addition, would have an adverse impact on property values in the surrounding residential enclave. CONCLUSIONS/RECOMMENDATIONS: Commercial zoning of the subject property would be inconsistent with respect to Comprehensive Plan policies for the location of commercial uses. Rezoning would result in a significant change in the character of the neighborhood and would have a negative impact on abutting residential uses, particularly in the Venetian Isle subdivision. Rezoning this property would also set a precedent for commercial zoning of the R-3 zoned parcel which lies across the L.W.D.D. E-4 canal to the east, bordered by West Boynton Beach Boulevard to the south and Old Boynton Road to the north. This would result in a further change in the character of the neighborhood, particularly in the vicinity of Old Boynton Road. Whether the change in character is desirable is the underlying issue in this rezoning petition. It is the Planning Department's conclusion that changing the character of the neighborhood from residential to commercial is not desirable, and that the property is developable under the current residential zoning. Therefore, it is the Planning Department's recommendation that commercialization of this parcel not be allowed, and that the application for amending the Future Land 9 Use Plan to "Local Retail" and rezoning to C-3, "Community Commercial", should be denied. PROJECT APPROVAL If it is the decision of the Planning and Zoning Board and City Council to approve the proposed project, the Planning Department recommends that the rezoning to PCD be approved with an "Office/Professional" land use category as opposed to a "Local Retail Commercial" land use category which is being requested by the applicant. It is the Planning Department's analysis that such a modification to the original proposal will lessen the impact on the surrounding residential properties by eliminating local retail uses. If it is the decision of the Planning and Zoning Board and City Council to approve this project as submitted, a condition should be attached to the rezoning approval to limit uses in the 15,000 square foot office building to those uses permitted under the C-l (Office/Professional) zoning district regulations. In connection with any approval of this project, it is further recommended that such approval be predicated upon the applicant agreeing to the following set of conditions: (1) That the applicant be required to submit a modified master plan indicating a height limitation of one (1) story and providing for any limitation placed on this project as noted in paragraph #1 and #2 above. (2) That the utility improvements be constructed as per the requirements of the Utilities Department listed in the memorandum which appears in exhibit G. (3) That the developer furnish the Lake Worth Drainage District with the required rights-of-way for Lateral Canal #24 and Equalizing Canal #4 as noted in the correspondence from the Lake Worth Drainage District which appears in exhibit G. (4) That the developer be required to dedicate 60 feet from centerline for the ultimate right-of-way for Boynton Beach Boulevard. Cd~ Carmen . If~ S. Ann ziato 10