DCA
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STATE OF flORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
MDedicated to making Florida a better place to call homeH
IEB BUSH
Governor
July ]], 2002
STEVEN M. SEIBERT
Secretary
Michael W. Rumpf
Director of Planning & Zoning
City of Boynton Beach
Post Office Box 310
Boynton Beach, FL 33425
Dear Mr. Rumpf:
Thank you for submitting copies of your proposed comprehensive plan amendments for
our review. Our reference number for this amendment package is Boynton Beach 02-1. We
have conducted an inventory of the plan amendment package to verify the inclusion of all
required materials. The submission package appears to be complete, and your proposed plan
amendment will be reviewed pursuant to Chapter 163, Florida Statutes. Once the review is
underway, you may be asked to provide additional supporting documentation by the review team
to ensure a thorough review. The Department's ORC report will be mailed to you on or about
September 9, 2002.
Please be advised that Section 163.3 I 84(8)(c), Florida Statutes, requires the Department
to provide a courtesy information statement regarding the Department's Notice oflntent to
citizens who furnish their names and addresses at the local government's plan amendment
transmittal (proposed) or adoption hearings. In order to provide this courtesy information
statement, local governments are required by law to furnish the names and addresses of the
citizens requesting this information to the Department. This list is to be submitted at the time of
transmittal of the adopted plan or plan amendment. As discussed in our letter sent to you on May
25,2001, outlining the changes to Section 163.3184(8)(b) which became effective July 1,2001,
and provides a model sign-in information sheet, please provide these required names and
addresses to the Department when you transmit your adopted amendment package for
compliance review. In the event no names, addresses are provided, please provide this
information as well. For efficiency, we encourage that the information sheet be provided in
electronic format.
2SSS SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/$uncom 291.0781
Internet address: http://www.dca.state.fl.us
CRITICAL STATE CONCERN AnD OfACE
2796 0Itneas Highway, Suite 212
Muathon, FL ]30~2227
(05) 289-2402
COMMUNITY PlANNIf\Ki
2555 Shumard ~ Boulevard
TOIII~see. FL 32399-2100
lBsct488-2356
EMERGENCY MANAGEMENT
2555 ShumMd ~k Boulevilro
Tallahassee, Fl32399-2100
(850)413-9969
HOUSING & COMMUNITY DE\lElOf>MENT
2555 Shumard Oak Boulevard
T.1.lIah~see.Fl32399-2100
(850) 488-7956
Michael W. Rumpf
July ]], 2002
Page Two
If you have any question, please contact Ken Metcalf, the Community Program
Administrator that will be overseeing the review of the amendment and assigning the amendment
to the respective planner for review at (850) 487-4545.
Sincerely,
b>.\&y LbJ-
D. Ray Eubanks
Cornmunity Program Administrator
cc: Dick Hudson
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Kilday & Associates
Landscape Architects I Planners
1551 Forum Place, Suite 100A
West Palm Beach, Florida 33401
15611689-5522 . Fax 15611 689 2592
E-Mail: info@kildayinc.com
DCA RESPONSE
Land Use Amendment
Congress A venue Residential
Prepared by Kilday & Associates, Inc.
The 32 acre property is located on the east side of Congress Ave. just north of the City's
boundary with Delray Beach. The vacant site has had an Industrial (IND) land use
designation and is located in the M-l zoning district. The request is for a large-scale land
use amendment application to amend the land use designation to High Density
Residential (HDR). In addition, the applicant is currently seeking a rezoning to Planned
Unit Development (PUD) on the property. It is the petitioner's intent to develop the site
as a market rate apartment community.
Surrounding Properties:
Current Use Land use Zoning
North Currentl y vacant IND M-l
South Water treatment facility CF-P (Delray Beach) CF (Delray Beach)
East 1-95 None None
West Hunter's Run LDR PUD
As was indicated by the City Commission's approval of the request at the July 2, 2002
transmittal hearing, the Commission recognizes that the industrial uses permitted on the
property are now incompatible with the adjacent residential land uses. The subject
property is located directly across the street from Hunter's Run PUD. Hunter's Run is an
established low-density residential community which has spoken out publicly in favor of
the subject property being used for residential rather than industrial uses. Considering the
fact that Policy 1.153 of the Comprehensive Plan permits up to 50% of a property with an
Industrial land use designation to have commercial uses, the current IND land use is
inappropriate at this location.
In addition, this property is conspicuously located at the entrance of the City of Boynton
Beach for visitors traveling north on Congress Ave. The support documents of the City's
Future Land Use Element identify this section of southern Congress Ave. as, "a highly
visible corridor" (pg. 119). As an important gateway to the City, it is imperative to have
a vibrant, high quality, community located here that is consistent in appearance and in use
with the adjacent Hunter's Run development. An industrial project with both industrial
and some commercial uses, is not consistent with this strategy.
Congress A venue Residential
I
The HDR designation will encourage a multi-family use, which is an entirely appropriate
transition between the intensive nonresidential uses to the east and the single family
residents to the west. A rental community at this location can be conditioned at rezoning
to provide a buffer with lush landscaping along Congress Ave. that is consistent with the
extensive Hunter's Run buffer. While a similar buffer can be requested of an industrial
use, industrial users have much less incentive to provide, as well as maintain, such a
buffer. Industrial sites are subject to the vagaries of the local, national, and international
business cycles. As is evident elsewhere in the City, and with the property to the north of
the subject parcel, it is not uncommon for industrial sites to be vacant for significant
periods of time. However, residential communities, particularly rental properties, must
continually 'sell' their community to potential renters all year long. Therefore, there is a
financial incentive to invest significant resources into their exterior appearance and to
maintain it as such on a continual basis.
However, as indicated in the Objections, Recommendations, and Comments Report
(ORC), the Department of Community Affairs (DCA) finds the request to be inconsistent
with Policy 1.19.2 of the City's Comprehensive Plan, which states:
The City shall provide continued effort to allow for industrial acreage which can
accommodate the approximate industrial employment which has been projected in the
Future Land Use Elemellt, and prohibit conversion of land designated "Industrial" on
the currently adopted Future Land Use Map unless such conversion would generate a
range of employment choices for currellt and future residellts, provide goods and services
of regional importance, and retain regional and fiscal and economic significance.
In response to the DCA's objection and based on their recommendation, the City agrees,
that some flexibility in the Policy language would be prudent. Therefore, Policy 1.19.2
will be amended to also permit the conversion of industrial lands based on compliance
with Goal 6 of the Housing Element, which states:
The provision of decellt, safe, and sanitary housing in suitable neighborhood
environmellts at a range of costs and variety of types necessary to meet the needs of
presellt and future residellts of the City.
The request is consistent with Goal 6 of the Housing Element. The petitioner's intent is to
build a 340 unit multi-family housing development, which will include various types of
units. The proposed project will also provide a transition from the intense
industrial/commercial uses to the east to the low density residential west of the subject
property. Through superior site design the residential use can be compatible with the
adjacent Industrial use to the north creating a suitable neighborhood environment. It
should also be noted that that throughout Palm Beach County housing developments exist
and thrive adjacent to major thoroughfares such as 1-95. With over 195 feet of buffer
between this site and 1-95 the developer believes that the proposed community will be
viable at this location.
Congress Avenue Residential
2
Furthermore, there have been significant changes since the 1989 Plan established the
current land use. The nature of industrial uses has changed such that the previous
methodologies used for determining the demand for industrial property are no longer
appropriate. Also, as evidenced by the numerous land use amendments in the City, as
well as City initiated amendments to the Plan, the housing market has changed as well to
encourage higher density residential within in the City.
The ORC Report also pointed out several other issues of concern with the proposed Land
Use Amendment. Specifically, there were some remarks regarding the proximity to the
C.S.x. Railroad tracks and 1-95. Attached to this response is a graphic, which depicts the
linear distance between the site and the railroad tracks. The site is located 195 feet from
the tracks and a significant buffer is being proposed by the petitioner to further reduce
any negative impacts the passing trains may inflict on the residential units. It should also
be noted that the site is located approximately 4,750 feet from the nearest at grade
railroad crossing. The significance of this distance indicates that the negative effect of
train whistles will be minimized considering the crossing is approximately 3 miles away.
In addition, it should be noted that many residential communities throughout Palm Beach
County abut major thoroughfares, such as 1-95. Negative impacts from 1-95 can be
addressed through superior design techniques. Please see attached graphic for additional
detail of the site's location.
MARKET CONDITIONS
To further strengthen the consistency with Goal 6 it is important to look at the market
trends and understand how this proposed project will meet the present and future needs of
the City. Currently, the City has an over-supply of property designated Industrial and is
currently over-built in terms of industrial square footage. A representation of this fact
can be documented by a review of the industrial market in the City. ONCOR
International is an established organization of independent real estate firms with over 180
world-wide offices that monitors commercial and industrial real estate trends in local
markets. According to their Mid-year-2002 statistics, the industrial vacancy rate was
11.6 % for the Boynton Beach sub-market. This sub-market market extends west of the
municipal boundary to Florida's Turnpike, but does not include Delray Beach. For the
second straight year this was by far the highest vacancy rate in the County. By
comparison, Palm Beach County as a whole had a very reasonable industrial vacancy rate
of 4.1%, which is also up from last year's 3.3% vacancy rate. In fact, the Boynton Beach
sub-market's industrial vacancy rate was, almost triple the second highest vacancy rate in
the County (West Palm Beach - 4.3%). Additionally, developers involved with the City's
Quantum Industrial Park have been seeking conversions from Industrial to more
Commercial and Mixed-Use Residential uses, because the Industrial Market in the City
has not been as viable.
Data and analysis conducted by Reis and Wolff Economic Research, Inc. indicate that
there is a steady demand for housing in and around the City of Boynton Beach. Reis, has
been at the forefront of information services for the real estate investing community for
two decades. Reis researches and publishes reliable, objective data on individual
properties and multiple sub-markets and metros across the four principal property types
Congress Avenue Residential
3
in 80 U.S. metropolitan areas. Additionally, Wolff Economic Research Inc. provides
analysis for the University of Florida, Bureau of Economic and Business Research, which
in-turn provides widely accepted forecasting of economic and population trends for the
State of Florida. Both indicate a relatively low apartment vacancy rate of approximately
5.0% in the Boynton Beach area. Comparatively, Palm Beach County's apartment
vacancy rate is approximately 4.9%. Reis is also forecasting a relatively low vacancy
rate for the next 4 years, which represents a steady demand for market rate apartment
communities to meet the current and future needs of the City.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
The proposed land use amendment is consistent with numerous elements of the
Comprehensive Plan including:
Objective 1.17: The proposed amendment will minimize the land use
conflicts and help to maintain property values for the single family
cornmunity of Hunter's Run by removing the potential industriallcornmercial
development of this property.
Policy 1.19.1: The proposed amendment will permit a full range of
housing types and choices in an appropriate location.
Policy 1.19.2: The proposed amendment will not impact the industrial
acreage that provides employment opportunities in the City. As evidenced by
the high industrial vacancy rates, and the steady demand for residential, there
is an excess supply of IND designated property in the City. Subsequent to this
amendment, there will still be an abundance of IND designated property in the
City to provide for its employment opportunities. Employment opportunities
are not being created with an over-supply of industrial lands that remain
vacant or underutilized. This amendment will create immediate job
opportunities for the construction, landscaping, and leasing fields. In addition,
future workers will be located on this site that will serve the communities
employment needs. This land use change will ensure that the site, which has
remained vacant and unused for decades, will be utilized as its highest and
best use.
Policy 1.19.4: This proposal will not prohibit the development of
industrial lands to maximize the linkages between complementary industries.
Any opportunities for linkages between this property and the surrounding
properties would likely have been accomplished over the previous twenty
years.
Objective 6.1 The City has pledged to provide new dwelling units of
various types, sizes, and costs by the year 2015, in order to meet the housing
needs of the existing and anticipated populations of the City. The proposal for
this site will further the goals of that objective.
In addition, the Land Use Problems and Opportunities section of the Plan identifies that
portions of this industrial district along Congress Ave, particularly those sites which are
across the street from Hunter's Run, should give strong consideration to the types of uses
and aesthetics in order to be compatible with the single-family homes. Since this is the
Congress Avenue Residential
4
only parcel that lies opposite single-family residences, it is clear that the industrial nature
of this site has always been a concern to the City. This amendment will resolve the
incompatibilities that the Plan explicitly recognizes. As was described in the previous
section, the upgraded aesthetics that the City will likely require at site plan review can be
better implemented and maintained in a residential community rather than and industrial
user.
ADDITIONAL DETAIL & COMPREHENSIVENESS
The proposed amendment will be completely compatible with the utility, roadway, and
all other public facilities. All utilities are available adjacent to the site. The City standard
for determining water demand is 200 gallons per capita and 2500 gallons per day per acre
for the non-residential uses. Accordingly, 166,560 gallons of water could be generated
with this amendment, whereas 8,040 gallons of water per day would be generated under
existing land uses. The City standard for determining sewer demand is 90 gallons per
capita and 2.4 persons per unit. The proposed land use will generate 74,942 gallons per
day. Under the existing land use, 73,100 gallons per day are estimated for the site. This
increase in demand is insignificant and can be easily met by the City's existing facilities.
In addition, the City has indicated it will provide service to the site.
Furthermore, the Traffic Analysis done by Simmons & White, Inc., indicates a substantial
decrease in vehicle trips as a result of the change in land use from Industrial to High
Density Residential. The net trips for Industrial total 22,262 trips per day (tpd). Whereas,
the calculated trips for 340 units on this site yield 3,470 tpd. This proposed project
represents an 18,792 tpd decrease and is therefore less of an impact on the surrounding
roadways. Please see attached traffic study for additional details.
This land use amendment will serve as an appropriate transition from the more intense
uses surrounding the site into the single-family residences to the west of the property, and
will be a more appealing gateway into the City along this visible corridor. There will be
no special privilege granted to the property owner. This proposal will in fact benefit the
public welfare by eliminating a potentially noxious industrial/commercial use from
infringing upon an established single-family community. Also, the over-supply of IND
land on the Future Land Use map will be reduced, which will create more efficient use of
the City's land. Additionally, as evidenced by the fact that City Commission has
specifically asked the staff to review the incompatibility of the Industrial land use
designation for this property M-l, with the surrounding properties, there are obviously
existing incompatibility issues. This amendment will help to rectify this inconsistency by
establishing an appropriate residential transitional use on this property that will sustain
the property values of the surrounding neighbors.
Congress Avenue Residential
5
SIMMONS If WHITE, INC.
Engineers . Planners . Consultants
October 14,2002
Kilday & Associates
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
Attention: Mr. Jamie Gentile
Reference: LUAR02-002
Future Land Use Element DCA Amendment No. 02-1
Jefferson at Boynton Beach
City of Boynton Beach, Florida
Dear Mr. Gentile:
The purpose of this letter is to respond to a District 4, Department of Transportation
Objections, Recommendations and Comments Letter regarding the above referenced proj ecl.
The Department of Transportation stated that a land use change from Industrial to High
Density Residential Land Use Designation usually results in an increase in vehicle trips on
the adjacent roadways. Our office has prepared an analysis of the maximum development
intensity under both the Industrial and High Density Residential Land Uses. As shown in
the attached analysis, the change in land use to High Density Residential will result in a
substantial decrease in vehicle trips on the adjacent roadways as well as 1-95, a Florida
Intrastate Highway System Facility.
Please review the enclosed and call with any questions or comments. The attached analysis
should provide an acceptable response to the Department of Transportation's concerns.
Sincerely,
RFR/sa
OI-IOOB
OIIOOb.gentile
Enclosure
cc: Mr. Nick Husak
E,INC.
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5601 Corporate Way. Suite 200, West Palm Beach, Florida 33407 .'
Telephone (561) 478-7848 . Fax (561) 478-3738
www.simmonsandwhite.com
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Certificate of Authorization Number 3452
SIMMONS & WHITE, INC.
Engineers . Pianners . Consultants
April 1, 2002
Job No. 01-100
LAND USE PLAN AMENDMENT APPLICATION
1RAFFIC STATEMENT
Jefferson Apartment Complex
City of Boynton Beach, Florida
SITE DATA
The subject parcel is located .in the northwest quadrant of the intersection of Congress
Avenue and the Lake Worth Drainage District L-30 Canal (approximately 4500 feet north
of Lake Ida Road, just south of Neptune Drive) and contains approximately 32. 16 acres. The
property is currently designated as IND (Industrial) on the Palm Beach County
Comprehensive Plan. The property owner is requesting a change in the parcels's designation
to HDR (High Density Residential) with a proposed density of 10.8 dwelling units per acre.
The purpose of this statement is to determine the total traffic volume which will be on each
roadway link within the site radius of development influence for the Interim Transportation
Plan. This statement will also identify which roadway links (if any) will exceed the adopted
Level of Service volume for the subject links addressed within the project's radius of
development influence.
TRAFFIC GENERATION
The decrease in daily traffic generation due to the requested change in the parcel's land use
designation may be determined by taking the difference between the total traffic generated
for the most intensive land use under the IND designation and the traffic generated by the
proposed HDR designation.
IND
The most intensive land use under the IND designation is General Industrial. Based on the
accepted City of Boynton Beach FAR of2.4, and the accepted traffic generation and passer-
by rates for general industrial development, the maximum traffic generation for the property
under the current IND designation is 22,262 tpd calculated as follows:
32.16 acres x 43.560 S.F.
Acre
x 2.4
= 3,362,135 S.F.
3,362,135 S.F. x 6.97 tpd
1000 S.F.
= 23,434 tpd
= - 1172 tpd
Less 5% Passer-By
NET = 22,262 tpd
5601 Corporate Way, Suite 200, West Palm Beach, Florida 33407
Telephone (561) 478-7848 . Fax (561) 478-3738
www.simmonsandwhite.com
Certificate of Authorization Number 3452
LUP A Traffic Staternent
Job No. 00-101
April 1, 2002 - Page Two
TRAFFIC GENERATION (CONTINUED)
HDR
The property owner is proposing a corresponding density of 10.8 Dwelling Units per acre
under the HDR land use designation. Based on a project area of 32.16 acres and a trip
generation rate of 10 trips per day per Dwelling Unit, the maximum traffic generation for the
property under the HDR designation is 3470 tpd, calculated as follows:
32.16 acres x 10.8 D.U.'s
Acre
= 347 D.V.'s
347 D.U.'s x 10 tpd
D.U.
= 3470 tpd
The decrease in daily traffic generation due to the requested change in the parcel's land use
designation is 18,792 tpd, calculated as follows:
22,262 tpd - 3470 tpd = 18,792 tpd
As shown above, the requested change in the parcel's land use designation is anticipated to
substantially reduce the potential traffic generation associated with the site.
PEAK HOUR TURNING MOVEMENTS
The total peak hour turning movements for the 32.16 acre project under the HDR land use
designation with a proposed density of 10.8 Dwelling Units per acre have been determined
in order to assess the improvements necessary to accommodate such traffic movements. The
A.M. and P.M. peak hour factors and directional distributions are summarized as follows:
DIRECTIONAL
PEAK HOUR DISTRIBUTION
PERIOD RATE (%IN/%OUT)
A.M 0.700 (x) + 9.477 25%/75%
P.M. 0.901 Ln (x) + 0.527 64%/36%
DIRECTIONAL
DISTRIBUTION
(TRIPS INffRIPS OUT)
63/189
211/118
For this analysis, the project is assumed to be served by a single driveway connection to
Congress Avenue. Based on the peak hour turning movements calculated above and the
Palm Beach County Engineering guideline used in determining the need for turn lanes ono
left turns or 75 right turns in the peak hour, turn lanes appear warranted at the project
entrance. Peak hour turning movement volumes and the need for turn lanes will be
readdressed following the preparation of a specific plan of development.
LUP A Traffic Statement
Job No. 00-101
April I, 2002 - Page Three
CONCLUSION
The proposed change in the parcel's land use designation from IND to HDR (with a
corresponding density of 10.8 Dwelling Units per acre) is expected to result in a substantial
decrease (18,792 tpd) in traffic generation. A review of the directly accessed link (Congress
Avenue), with regard to Year 2020 traffic volumes and projected Level of Service Standards
reveals that this proposed future land use plan designation modification will not result in a
increase in density or intensity of development significantly impacting any roadway segment
that is not projected to be operating at the adopted Level of Service on the Year 2020
Transportation System Plan. Therefore, the proposed future land use plan designation
modification is in accordance with the Traffic Circulation Element and meets the goals and
objectives of the City of Boynton Beach Comprehensive Plan.
kg:LUPAOOIOI
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
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GOV 08-28
August 6, 2002
Ray Eubanks, Planning Manager
Plan Review and DRI Processing Team
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Subject:
Proposed Amendment Comments
City of Boynton Beach, DCA# 02-1
Dear Mr. Eubanks:
The South Florida Water Management District staff has reviewed the subject document
and we have no adverse comments. If you have any questions or require additional
information, please call me at (561) 682-6779.
S incerel y.
P.~-
Lead Planner
Water Supply Planning & Development Division
PKS/nk
c: Michael Busha. TCRPC
Ken Metcalf, DCA
Michael Rumpf
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September 20, 2002
Mr. Michael W, Rumpf
Director of Planning and Zoning
City of Boynton Beach
Post Office Box 310
Boynton B~acll, FL 33435
Subject: City of Boynton Beach Comprehensive Plan
Draft Amendments - DCA Reference No. 02-1
Dear Mr. Rumpf:
Pursuant to the requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, Chapter 163. Florida Statutes, the Council reviewed the above-
referenced comprehensive plan amendments at its meeting on September 20, 2002.
A review report was approved by the Council for transmittal to the Department of Community
Affairs as required by Section 163.3184. Florida Statutes. A copy of the approved report is
attached for consideration by your governing body prior to adoption of the amendments. Council
will consider your response to any objections or comments contained in this report as an
important factor in making a consistency recommendation on the adopted amendments.
Please send one copy of all materials related to these amendments directly to our office once they
are adopted by your governing body, pursuant to Chapter 9J-I1, Florida Administrative Code.
If you have any questions, please feel free to call me.
Sincerely.
T-:!:Je~f;-
Planmng Director
------...----
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Attachment
f'Bringing Communities Together" . Est. 1976
301 East Ocean Boulevard - Suite 300 - Stuart, Florida 34994
Phone (561) 221-4060 - SC 269-4060 - Fax (561) 221-4067 - E-mail - admin(jihcroc orO"
DRAFT
Subject to modifications
TREASURE COAST REGIONAL PLANNING COUNCIL
MEMORANDUM
To:
Council Members
AGENDA ITEM 6E
From:
Staff
Date:
September 20, 2002 Council Meeting
Subject:
Local Government Comprehensive Plan Review
Draft Amendment to the City of Boynton Beach Comprehensive Plan
DCA Reference No. 02-1
Introduction
The Local Government Comprehensive Planning and Land Development Regulation Act,
Chapter 163, Florida Statutes, requires that Council review local government
comprehensive plan amendments prior to their adoption. Under the provisions of this
law, the Department of Community Affairs (DCA) prepares an Objections,
Recommendations, and Comments (ORC) Report on a proposed amendment only if
requested to do so by the local government, the regional planning council, an affected
person or if an ORC Report is otherwise deemed necessary by the DCA. If the local
government requests the DCA to prepare an ORC Report, then Council must provide the
DCA with its own objections, recommendations for modification, and comments on the
proposed amendment within 30 days of its receipt.
Background
The City of Boynton Beach is proposing one Future Land Use Map (FLUM) amendment
to its comprehensive plan. The City has requested that the DCA prepare an ORC Report.
Evaluation
Future Land Use Map Amendment
L Amendment LUAR 02-002-This amendment is for approximately 32.2 acres located
east of Congress Avenue and west of 1-95 adjacent to the south City limits (see
attached maps). The proposal is to redesignate the property from Industrial to High
Density Residential for development of a 347-unit rental apartment complex. The
site is presently vacant. The surrounding existing land uses include industrial to the
north, CSX Railroad, 1-95 and industrial (County) to the east, waste water treatment
facility (Delray Beach) to the south, and residential to the west of Congress Avenue.
The surrounding FLUM designations include Industrial to the north, Community
DRAFT
Subject to modifications
Objections, Recommendations for Modification, and Comments
A. Objections
I. None
B. Comments
I. The proposed land use for this parcel is not compatible with the surrounding
industrial land. If the City has determined that there is a need for more land to be
designated for residential use, alternative sites such as the redevelopment area
along US I near the City's central business district may be a better location.
2. The proposed residential use on the subject property is inconsistent with City
Future Land Use Element Policy 1.19.2 that prohibits conversion of industrial
designated land on the current FLUM unless the conversion would generate a
range of employment choices for the current and future residents of the City,
provide goods and services of regional importance, and retain regional fiscal and
economic significance. Also the proposed residential use is inconsistent with
Future Land Use Element Policy 1.19.4 that encourages the development of
industrial land, industrial parks, or concentrated industrial areas in order to
maximize linkage between complementary industries.
3. Up until the last decade, industrial parks were characterized by low-rise
manufacturing and warehouse buildings, separated from other uses thought to be
incompatible with the industrial activity. Large parking lots, loading docks,
trucks and buildings with little or no concern for architecture or connection to the
city and its neighborhoods dominated the landscape.
Modern business and industrial parks have evolved from basic, heavy
manufacturing, single-use areas, to districts where manufacturing is only one of
the components of areas dominated by service, information, finance and
technology. This shift has required a parallel shift in the form and function of
what used to be called an industrial park. The uses found in business parks today
have changed dramatically. Specialization has created a range of flexible
business park forms that can be tailored to the needs of the emerging business and
industry groups to even include residential and retail uses in the mix. As a result.
the term industrial park is slowly fading from use. Business campus, research
park, technology park, park of commerce, business center and business district,
have replaced the original name and its single-use connotation (see attached
excerpts from the Lake Worth Park of Commerce Charrette Master Plan).
If the City chooses to allow residential use on this site, it should be part of a
mixed-use master plan including workplace uses and perhaps some limited retail.
3
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December 27,2002
Mr. Dick Hudson
Senior Planner
City of Boynton Beach
Post Office Box 310
Boynton Beach, Fl 33435
Subject: City of Boynton Beach Comprehensive Plan
Adopted Amendments - DCA Reference No. 02-1
Dear Mr. Hudson:
This is to notify you that the Treasure Coast Regional Planning Council will be providing a
recommendation to the Department of Community Affairs (DCA) on the above referenced
plan amendments that we received on December 17,2002.
Council staff will review the adopted amendments for consistency with the Strategic
Regional Policy Plan (SRPP) and provide a written report to DCA within 30 calendar days of
receipt Staff anticipates presenting its report and recommended comments to Council at the
regular meeting of January 17, 2003.
Prior to the Council meeting, Council staff will send you a copy of the meeting agenda and
the staffreport and recommendations. We invite you to attend the meeting where you will be
afforded an opportunity to address the Council. Following the meeting, the recommendations
as approved by the Council will be torwarded to you anu io DCA.
If you have any questions or comments, please feel free to call.
Sincerely,
~~Yd"
DRl Coordinator
JAN-2'
JTS/wh
"Bringing Communities Together" . Est. 1976
301 East Ocean Boulevacd Suite 300 - Stuart, Florida 34994
Phone (772) 121-4060 _ SC 269-4060 - Fa:I (772) 221-4067 - E-mail - admin~rcrDc orp
DEPARTMENT OF DEVELOPMENT
Planning and Zoning Division
. Building . Planning & Zoning - Occupational Licenses - Community Redevelopment
October II. 2002
Mr. D, Ray Eubanks
Community Program Administrator
Division of Community Planning
Department of Community Affairs
2555 Shumard Oaks Boulevard
Tallahassee, F132399-2100
Re: City of Boynton Beach
Round 1-2002 Comprehensive Plan Amendments.
Dear Mr. Eubanks:
The City of Boynton Beach City Commission has reviewed the Objections, Recommendations
and Comments Report, provided to us by the Department of Community Affairs and has
determined its desired action to address issues presented in the report. However, the City's
adopted review procedures require review by two local agencies in addition to the LP A.
Consequently, the proposed course of action will extend us beyond the 60 days allotted by statute
to adopt amendments. Those agency reviews are scheduled for October 22nd and November 12th,
with the LP A and adoption hearings scheduled for November 19th and December 3cd. Transmittal
of the adopted amendments will take place in a timely manner following the December 3'd
hearing.
Please let us know as soon as possible ifthis proposed schedule is acceptable to you, I, or senior
planner Dick Hudson, can be reached at (561) 742-6260.
Sincerely,
----
~C--
Michael W. Rumpf
Director of Planning and Zoning
MWRldh
CC: Kurt Bressner
Quintus Greene
Kieran Kilday
1 'SHRDATA\Planning\SHARED\Wp\PROJECTS\SDUlh Congress KC'il\kl1llal\LUARITimeExt ).2002 dOl
City of Boynton Beach. 100 East Boynton Beach Blvd.. P.O, Box 310 Boynton Beach, FL 33425-0310
Phone: (561) 742-6260 . Fax (561) 742-6259 . www.cLboynton-beach.f1.us
TRANSMISSION VERIFICATION REPORT
TIME 10/11/2002 13:25
NAME
FAX
TEL
SER.# BROE2J409484
DATE,TIME
FAX NO. /NAME
DURATION
PAGE(S)
RESULT
MODE
10/11 13: 25
91850488330957529
00:00:24
01
OK
STANDARD
ECM
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
October 11, 2002
Mr. Kieran Kilday
Kilday & Associates, Inc.
1551 Forum Place, Suite 100A
West Palm Beach. FL 33401
Subject:
South Congress Residential (LUAR 02-002)
Response to DCA ORC Report - Round 1-2002
Dear Mr. Kilday:
This letter is intended to confirm the direction agreed upon at today's meeting regarding the
above-referenced process, assigned responsibilities, and critical dates.
I view the report from DCA broken down into four (4) parts, that include I) Policy 1.19,2 and
corresponding amendments to the Comprehensive Plan regarding industrial land conversions; 2)
public facility data and analysis needed to confirm availability of same to support the proposed
amendment; 3) project design measures to address incompatibilities (including DOT comment
on their page #3); and 4) transportation issues related to traffic impacts on 1-95 and access to
transit resources (as discussed, this may involve coordination with, and/or correspondence from
Palm Tran representatives).
As generally discussed when we met on October 10, 2002, city staff will contact DCA to inform
them of our direction and confirm the timing of our process which exceeds the 60-day adoption
requirement. and would be responsible for drafting and processing a plan amendment to address
item #1 above. The applicant, or designee, will supply staff with responses to the remaining
items. Additionally, please provide staff with data supporting the modification of the
Comprehensive Plan policy. In anticipation that this amendment will add another exception to
the policy that supports industrial land conversions for purposes of meeting housing
needs/policies, support data involving population growth and housing/market needs information
would be most applicable and needed to justify the modification.
As for timing, staff tentatively plans to forward the planned text amendment to the Planning and
Development Board on October 22nd, to the Community Redevelopment Agency Board on
November 12th. and to the Commission on November 19th (public hearing and 1 st reading) and
December 3rd (final reading), Please note that the master plan/site plan is scheduled to be before
the Planning and Development Board on November 26th and before the Commission on
December )'d, timed with final reading of the ordinances. Given this tight time frame, we need
support data for the text (policy) amendment by next Wednesday, and the remaining responses
by December I st.
City of Boynton Beach. 100 East Boynton Beach Blvd.. P.O, Box 310 . Boynton Beach, Florida 33425-0310
Phone: (561) 742-S350 . www.cLboynlon-beach,or
Thank you for your continued assistance with this process. and please contact DIck Hudson or
me at 742-6260 to continue the coordination of this effort
Sincerely,
lL-i c
Michael Rumpf
Planning & Zoning Director
Attachment
cc: Kurt Bressner
Quintus Greene
MR
S "PIJnn;ng'SHARED\WP' PROJECTS\South Congress ResiJem;al'.,LUAR"ORC responslbilities lellerdol
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
Governor
STEVEN M. SEIBERT
S~c~8tdrf
September 9, 2002
The Honorable Gerald Broening
Mayor, City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
<;r-
,-"cLJ
~T2
-:: ""_'.1:-',,
Dear Mayor Broening:
The Department has completed its review of the proposed comprehensive plan amendment
for the City of Boynton Beach (DCA No. 02-1), which was received on July 10,2002. The
amendment involves a future land use map change from Industrial to High Density Residential for a
32.2-acre parceL Based on Chapter 163, Florida Statutes (F. S.), we have prepared the attached
report which outlines our findings concerning the amendment. It is particularly important that the
City address the objection set forth in our review report so that the issues raised in the report can be
successfully resolved prior to adoption. We have also included a copy oflocal, reglOnal and state
agency comments for your consideration. Within the next 60 days, the City should act by choosing
to adopt, adopt with changes or not adopt the proposed amendment. For your assistance, our report
outlines procedures for final adoption and transmittaL
The Department respects the City's land use decisions and supports the kind of development
the City wants to encourage within the City. However, we recognize that this amendment does not
further the City's existing policy framework which seeks to maintain and strengthen the City's
industrial base. Therefore, the Department has made recommendations in the attached report to
assist the City in its efforts to promote industrial employment, while allowing flexibility in land use
decisions if so desired. We are available to assist the City in responding to our report. Please
contact Ken Metcalf, Regional Planning Administrator, at (850) 922-1807, or Joseph Addae-Mensa,
Planner, at (850) 922-1783, if we may be of further assi nce.
.E. "Sonny" Timmerman
Director, Division of Community Planning
cc: HET/jam
Enclosures:
Objections, Recommendations and Comments Report
Review Agency Comments
cc: Michael W. Rumpf, Director of Planning and Zoning, City of Boynton Beach
Michael J. Busha, AICP, Executive Director, Treasure Coast Regional Planning Council
2SS5 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488 8466/Suncom 278.8466 FAX 850 921.0781/Suncom 291.0781
Internet address' http IIwww dca state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE
27'J6 Qverseas Hlql'1way, SL"te212
IJ.arnll'1on,r'.33050-2227
';')') :~:J-.. . "h
COMMUNITY PLANNING
25<;5 Shumard O,JI( BOuh:>"3rd
T<:lllah'lssee, FL 3n'19'::" 1
fe':;)4f'u:3"':l
EMERGENCY MANAGEMENT
2555 Shumard Oak Boulevard
Tdllanassee.Fl32399.210Q
I ~~,J).t 11-g9o;')
HOUSING & COMMUNITY DEVELOPMENT
2555 ShUl1"ardOak Boulevard
TJllahassee, Fl J2399-2100
18'::0) 488.7956
DEPARTMEL\T OF CO:\-!:\llc--ITY AFFAIRS
OBJECTIO:'iS, RECO:\-E\IE1'iDA TIO:'iS A:"<'D CO:\l:\-IE:'iTS REPORT
FOR
THE CITY OF BO):,?\TOl\ BEACH
A-"IEi'>'DME:'iT 02-1
September 9,2002
Division of Conununity Planning
Office of Comprehensive Planning
This report is prepared pursuant to Rule 91-11.010,
FAC
I='iTR 0 D C en 0 ='i
The following objections, recommendations and comments are based upon the Department's
review of the City of Boynton Beach proposed Comprehensive Plan Amendment (DCA 02-1) pursuant to
Section 163.3184, Florida Statutes (F.S.).
Objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida
Administrative Codes (FA.C), and Chapter 163, Part II. F.S. Each objection includes a recommendation
of one approach that might be taken to address the cited objection. Other approaches may be more
suitable in specific situations. Some of these objections may have initially been raised by one of the
other external review agencies. If there is a difference between the Department's objection and the
external agency advIsory objection or comment, the Department's objection would take precedence.
The City of Boynton Beach should address each of these objections when the amendment IS
resubmitted for our compliance review. Objections which are not addressed may result in a
determination that the amendment is not in compliance. The Department may have raised an objection
regarding missing data and analysis items which the City of Boynton Beach considers not applicable to
its amendment If that is the case, a statement justifying its non-applicability pursuant to Rule
9J-5.002(2), F.A.C, must be submitted. The Department will make a determination on the
non-applicability of the requirement. and if the justification is sufficient, the objection will be considered
addressed.
The comments which follow the objections and recommendations are advisory in nature.
Comments will not form bases of a determination of non-compliance. They are included to call attention
to items raised by our reviewers. The comments can be substantive. concerning planning principles,
methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and
reader comprehension.
Appended to the back of the Department's report are the comment letters from the other state
review agencies and other agencies, organizations and individuals. These conunents are advisory to the
Department and may not form bases of Departmental objections unless they appear under the
"Objections" heading in this report.
2
TR<\:'iS:\IITTAL PROCEDURES
Upon receipt of this report, the City has 60 days in which to adopt, adopt with changes, or
determine that the City will not adopt the proposed amendment. The process for adoptIOn of loc:11
comprehensive plan amendments is outlmed in s. 163.3184. Florida Statutes. and Rule 9J-l1.0 11.
Florida Admmistrative Code.
Within ten working days of the date of adoption. the City must submit the following to the
Departmen t:
Three copies of the adopted comprehensive plan amendment;
A copy of the adoption ordinance;
A hsting of additional changes not previously reviewed;
A listing of findings by the local governing body, if any. which were not included in the
ordinance; and
A statement indicating the relationship of the additional changes to the Department's Objections,
Recommendations and Comments Report.
The above amendment and documentation are required for the Department to conduct a
compliance review, make a compliance determination and issue the appropriate notice of intent.
In order to expedite the regional planning council's review of the amendment, and pursuant to
Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly to Michael Busha,
AlCP, Executive Director of the Treasure Coast Regional Planning Council.
Please be advised that the Florida legislature amended Section 163.3184(8)(b), F.S., requiring
the Department to provide a courtesy information statement regarding the Department's Notice of Intent
to citizens who furnish their names and addresses at the local government's plan amendment transmittal
(proposed) or adoption hearings. In order to provide this courtesy information statement, local
governments are required bv the law to furnish to the Department the names and addresses of the
citizens requesting this information. This list is to be submitted at the time of transmittal of the
adopted plan amendment (a sample Information Sheet is attached for your use).
3
OBJECTIO:--;S, RECO~L\IENDA TIO:--;S A:-'1) CO:\L\IE:--;TS REPORT
PROPOSED COMPREHENSIVE PL.~, Ai\IE"'1)\IE:'-iT
CITY OF BO'\:e>TON BEACH (DCA No. 02-1)
I. CO:"iSISTENCY WITH ClL-\PTER 163, F.S., A.,D RFLES 9J-S & 9J-ll, F.A.C.
The Department has completed its review of the proposed amendment to the City of Boynton
Beach ComprehenSIve Plan CDCA No. 02-1). The amendment involves a future land use designation
change from Industrial to High Density Residential for a 32.2-acre parceL The parcel is located west of
1-95 and the CSX railroad, east of Congress Avenue. and north of Lone Pine Road. The Department has
the following objection and comments:
Objection. The amendment is internally inconsistent WIth Future Land Use Element Policy
1.19.2 of the City's Comprehensive Plan which prohibits conversion of land designated Industrial on the
City's adopted FLUM to any other land use. unless such conversion would produce specified outcomes.
The policy reads as follows:
The City shall provide continued effort to allow for industrial acreage which can accommodate
the approximate industrial employment which has been projected in the Future Land Use
Element. and prohibit conversion of land designated "Industrial" on the currently adopted
Future Land Use IHap unless such conversion would generate a range of employment choices
for current and future residents. provide goods and services of regional importance. and retain
regional fiscal and economic significance.
The conversion of industrial land to residentia1land use would not generate a range of
employment choices for current and future residents, provide goods and services of regional importance,
and retain regional fiscal and economic significance. [Sections 163.3177(2); 163.3177(6)(a);
163.3177(9)(b), F.S., Rules 9J-S.OOS(2)(a); 9J-S.OOS(S)(a) & (b), F.A.c.]
Recommendation. The City should ensure that the amendment is internally consistent with
Future Land Use Element Policy 1.19.2. The City may withdraw the amendment, since a conversion to
residential land use category would not generate a range of employment choices for current and future
residents, provide goods and services of regional importance, and retain regional fiscal and economic
significance, as the City intends to accomplish through Policy 1.19.2. The Department supports the
existing policy framework which seeks to maintain the City's industrial base. However, to allow for
additional flexibility, the City could consider a revision to Policy 1.19.2 that would allow for industrial
land conversion to residential land use, with guidelines or complementary amendments to ensure the
City maintains the current industrial allocation. For example, the City could intensify use of industrial
land to offset a loss of industrial acreage or could adopt other amendments to concurrently convert other
lands to industrial use.
Comment 1. Although the City's staff report indicates that the amendment would not place any
"unanticipated demands" on the City's public facilities, the amendment does not include public facility
data and analysis to demonstrate that the City would maintain the adopted levels of service (LOS)
standards for potable water, sanitary sewer, solid waste, drainage, parks and recreation, road and school
facilities throughout the CIty'S planning time frame. In the absence of the required public facility
4
analysis from the City, the Department's staff conducted a cursory analysis to determine if the
amendment would result in LOS deficiencies for potable water, sanitary sewer and roads. Based on the
Department's staff analysis, it has been determined that the amendment would not create any LOS
deficiencies for these facilities.
In order to have an objective basIs for evaluation of the potential impacts ofa future land use
map change. the Department requires that public faciliry capacity analysis, based on the maximum
intensity or density standards as adopted in the local government's comprehensive plan, be conducted by
the local government. Based on this analysis, the local government would be able to determine if it
would maintain its adopted LOS standard for each public facility, both within the five-year and the
overall planning time horizons. and if not to determine mitigation necessary to correct identified
deficiencies. Therefore, the Department recommends that the City of Boynton Beach include public
facility analysis in this amendment and in all future land use map amendments.
Comment 2. The proposed High Density Residential land use category, allowing a maximum
density of 10.8 dwelling units per acre, may be incompatible with the existing and future character of the
areas surrounding subject site. According to the information provided in the amendment package, the
area north of the property is developed industrial and has a future land use designation of Industrial,
adjacent to the south exists the City of Del ray Beach's Waste Water Treatment Facility and has
Community FacilitieslPublic Buildings land use designation on the City of Delray Beach Future Land
Use Map (FLUM), to the east is unincorporated Palm Beach County and has a FLUM designation of
Industrial land use, and the property to the west is low density residential development (Hunters Run)
and designated Low Density Residential (4.84 dwelling units per acre) on the City of Boynton Beach
FLUM. Additionally, the parcel abuts the CSX Railroad which is currently being doubled-tracked,
according to Florida Department of Transportation (District 4). Traffic-generated noise from the CSX
Railroad would be a potential concern to the residents of the proposed residential development.
If the City decides to adopt this amendment, then the Department is recommending that the City
explore appropriate measures to address the compatibility issue.
II. CO","SISTENCY WITH STATE COMPREHENSIVE PLAl'<
The proposed comprehensive plan amendment does not adequately address and further the
following goals and policies of the State Comprehensive Plan. Chapter 187, F.S.:
Transportation Goal and Policies 9.13. & 15, regarding ensuring easy mobility;
intergovernmental coordination of transportation improvements, and promotion of effective coordination
among various modes of transportation in urban areas to assist urban development and redevelopment
efforts.
Public Facilities Goal and Policy I, regarding developing land in a way that maximizes the uses
of existing public facilities.
Recommendation. The City should revise the proposed amendment to be consistent with the
above-referenced goals and policies of the State Comprehensive Plan (see specific objections, comments
and recommendatIOns included in this report).
5
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\ JEB B[;SH
GOVERSOR
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Florida Department of Transportati.
Augusc 6, 2002
0 ~@~aw~ @
Tl- U, A.::, .
SECRETARY
1m', 4 IDJ2
RPM sSP
PlA.N P~OCESSING TEAM
3400 WEST CO\I\IERCIAL BOULEVARD
FORT LAI'DERDALE. FLORIDA 33309-3421
DIRECTOR of PLA';.'d';G A';D PRODCCTIO\
Mr. Ray Eubanks, Planning Manager
Department of Community Affairs
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Dear !v[r. Eubanks:
SUBJECT:
Proposed Comprehensive Plan Amendments ORC Review
Local Government: City of Boynton Beach
DCA Amendment # 02-1
The Department has reviewed the proposed comprehensive plan amendments for the City of BOynton
Beach. Enclosed are objections, recommendatIons, and comments regarding the proposed
amendments.
Thank you for the opportunity to participate in the review process. If you have any comments or
qLlestions about this letter, please contact me at (954) 777-4490.
Sincerely,
-1~~) 6 r~_~
Ger& O'Reilly, P.E. )
District Director
Planning and ProductIon
GO:TS
=:nclosure
c B. Romig, FOOT Central Oftice
K. Metcalf, OCA
O. Newjahr, Tri-Rail
R. Holzweiss, FOOT 4
N. Bungo, FOOT 4
L Merritt, FOOT 4
L Hymowitz, FOOT 4
I~ 4~70_0J
www.dotstate.fl.us
o RECYCLED P,.\,F'=R
DISTRICT 4, DEPARTMEl'T OF TRAl'SPORT A TIO:\
OBJECTIONS, RECO\IME"iDA TIO;\S & COMMEI\TS
RESPONSillLE DIVISIONIBUREAU:
NA...\IE OF LOCAL GOVERL'\lli1ENT:
DA TE PLAN RECEIVED FROM LOCAL GOVERc';",IENT:
DATE lv[EMORA1,DUlv[ RECEIVED FRO:V[ DCA
REQUIRED RETURN DATE FOR COMMENTS:
Planning Deoartment
Citv ofBovl1ton Beach
7/12/02
7/16/02
S12 '02
ELEMENT:
LUAR 02-002
Future Land Use Element
DCA Amendment" 02-1
RULE DEFICIENCY:
9J-5-005(2)(a) andk)
9J-5.019(3)(a) and ill
The subject amendment proposes to change the future land use designation from Industrial to High
Density Residential land use for a 32-acre parceL This parcel is located west ofI-95 and adjacent to
the CSX railroad tracks, east of Congress Avenue and north of Lone Pine Road.
OBJECTION: A land use change from Industrial to High Density Residential land use
designation usually results in an increase in vehicle trips on the adjacent roadways. Although the
applicant states the Palm Beach County Traffic Division has reviewed the traffic study submitted in
support of the proposed project and determined it meets County standards, the study was not included
in the amendment package. The City has not addressed potential traffic impacts that would result from
the proposed land use change to 1-95, a Florida Intrastate Highway System facility.
RECOMMENDATION: The City should include a transportation analysis of the impacts the
proposed land use change would have on the roadway network, including the FIHS. This analysis
should identify projected vehicle trips before and after the proposed amendment, peak hour/peak
direction analysis, and the methodology used. The analysis should be based on the most current data
available.
ZEVIEWED BY:
Terrv Scheckwitz. AICP
PHONE: 954-777-4490
ZEVIEWED BY:
Larrv Hvrnowitz. AICP
PHONE: 954-777-4490
~EVIEWED BY:
Nancv Bungo
PHONE: 954-777-4490
r--
,
DISTRICT 4, DEPARTMENT OF TRAi'iSPORTATIOi'i
OBJECTIONS, RECOC\L\IEi'iDA TIO;\S & COMMENTS
RESPONSIDLE DIVISIONIBUREAU
\fiu\!E OF LOCAL GOVERt,\;iY!ENT:
DATE PLAN RECEIVED FROM LOCAL GOVERt'<!\!ENT:
DA TE MEMORANDUiY! RECEIVED FROM DCA:
REQUIRED RETlJRL"i DATE FOR COMMENTS
Planning Deoartment
City of BOvnton Beach
7/12/02
7/16/02
8/12/02
ELEJ\!ENT:
LUAR 02-002
Future Land Use Element
DCA Amendment I;' 02-1
RULE DEFIC!ENCY:
9J-5.019(2)(a)2 and Q
9J-5.019(3)(f)
The subject amendment proposes to change the future land use designation from IndustrIal to High
Density Residential land use for a 32-acre parceL This parcel is located west ofI-95 and adjacent to the
CSX railroad tracks, east of Congress Avenue and north of Lone Pine Road. The site is served by Palm
Tran Route 2, which provides service to Tri-RaiL
OBJECTION: The proposed change to High Density Residential land use designation
results in an increase in trip generation and qualifies as transit generator. Mobility choices, such as
pedestrian, bicycle, and transit considerations, to accommodate the proposed land use were not analyzed.
RECOMMENDATION: The City should include a mobility choice analYSIS based on the maximum
allowable land use intensity before and after the proposed amendment. Future Land Use Element
Objective 1.3 should be revised to include a policy to address mobility choices for land uses that qualify
as transit generators.
The City should coordinate with Palm Tran to plan for appropriate and accessible transit infrastructure.
The City, and the applicant, should consider transit infrastructure and access to Palm Tran's Route 2 bus
itOp by pedestrians and bicycles. Pedestrian considerations are an Important component in providing a
luality transit experience. The City should address its policy on pedestrian considerations as part of this
lmendment, including students' access to the school buses and convenient connectivity to transit
nfrastructure on both sides of Congress Avenue. These considerations should include identified
.\alkways, lighting for safety, and a canopy, such as landscaping, for a measure of climate control for
ledestrians and transit riders.
ZEVIEWED BY:
Terry Scheckwitz. AlCP
PHONE: 954-777-4490
ZEVIEWED BY:
Larry Hymowitz. ArCP
PHONE: 954-777-4490
ZEVIEWED BY:
Nancy Bungo
PHONE: 954-777-4490
2
11.vtSIOi\S OF FLORIDA DEr'\RT.\lE:--';T OF STA
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DIVISION OF H[STORICAL RESOURCES
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PLAn P,~OCESSING ITA',j
July 31, 2002
lYIr. Ray Eubanks
Department of Community Affairs
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2] 00
Re: Historic Preservation Review of the City of Boynton Beach (02-1) Comprehensive Plan
Amendment Request (Received by DHR on 07/12/02)
Dear Mr. Eubanks:
According to this agency's responsibilities under sections 163.3177 and 163.3] 78, Florida
Statutes, and Chapter 9J-5, Florida Administrative Code, we have reviewed the above document
to decide if data regarding historic resources have been given sufficient consideration in the
request to amend the Boynton Beach Comprehensive Plan.
We have reviewed one proposed Future Land Use Map amendment to consider the potential
effects of this action on historic resources. While our cursory review suggests that the proposed
change may have no adverse effects on historic resources, it is the city's responsibility to ensure
that the proposed revision will not have an adverse effect on significant archaeological or historic
resources in Boynton Beach.
If you have any questions regarding our comments, please feel free to contact Susan M. Harp or
Laura Kammerer of the Division's Compliance Review staff at (850) 245-6333
Sincerely,
~ .D. -.Q rv. G~, C\~A
~vw..u J;.. \\\sfc,~k 'i~\-e.S"-,(\Jtc~o"
k Janet Snyder Matthews, Ph.D., Director
RA. Gray Building . 500 South Bronaugh Street . Ta!l.1h,lssee, FloridJ 32399-0250 . hrtp:/ hnvw.tlheritage.com
:J Director's Office 'J Arch.leological ReseMch if Historic PreservJt!on :l Historic:d :--"luseuITlS
(850) 2-l5-6300 . FAX ~-t5-6-D5 (85012-*5-6-++-1- . F.--\X. 2-t~-O-t:;n IK-::Cl 2-l'i-~3J3 . FAX. 2-::;-<)..+3:" 1,:3(') 2lS.i)--lCO . F -\X 2-l56--1J3
o Palm Bte'Jch Reijlon.l1 Office 0 St. Au;;ustin,' Ro'c;iun,ll Office :J T.:lmpa Region,ll Of tIC'"
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Environmental Protection
Jeb Bush
Governor
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Marjory 5coneman Douglas Building
3900 Commonwealch Boulev3rd
Tallahassee. Florida 32399.3000
David 8. Struhs
Secrewry
August 12, 2J~
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PWI PiiO~lnG TEA.\!
Mr. D. Ray Eubanks
Bureau of Local Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
,
~
Re: Proposed Amendment to the City of Boynton Beach Comprehensive Plan, DCA 02-1
Dear Mr. Eubanks:
The Office ofIntergovernmental Programs of the Department of Environmental Protection has
reviewed the above-referenced amendment under the required provisions of Chapter 163, Part II,
Florida Statutes, and Chapters 9J5 and 9111, Florida Administrative Code. Our comments and
recornmendations are provided to assist your agency in developing the state's response.
Comments:
Although the City's staff indicates that the increased residential density for this proposed
amendment will have inconsequential impacts on the City's infrastructure, there has been no
analysis of pot able water and sanitary waste demands indicating that the Levels of Service
standards will be met.
Please call me at (850) 487-2231 if you have any questions regarding this response.
Sincerely,
/4/l</~
/
q~
Robert W. Hall
Office ofIntergovernmental Programs
"A1Jre Prc~;:c::on. Les; Pro(~:;s"
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SOUTH FLORIDA v\lUER i\t-\.'\AGEME0iT DISTRICT
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August 6. 2002
Ray Eubanks, Planning Manager
Plan Review and DRI Processing Team
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee. FL 32399-2100
L~ Pl!Ffr&~G 7FAM
..J
Subject:
Proposed Amendment Comments
City of Boynton Beach, DCA# 02-1
Dear Mr. Eubanks:
The South Florida Water Management District staff has reviewed the subject document
and we have no adverse comments. If you have any questions or require additional
information, please call me at (561) 682-6779.
Sincerely,
P.~
Lead Planner
Water Supply Planning & Development Division
PKS/nk
c:
Michael Busha. TCRPC
Ken Metcalf, DCA
Michael Rumpf
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RUG-23-2802 15:50
P.01
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TREASURE COAST REGIONAL PLANNING COUNCIL
301 EAST OCEAN BOULEVARD
SillTE 300
STUART, FLORIDA 34994
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PHONE: 772-221-4060
F~: 772-221-4067
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RGG-23-2002 15:50
P.02
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Subject to modifications
TREAstJRE COAST REGIONAL PLAc"NING COUNCIL
MEyl0RANDUM
To:
AGENDA lIE!>,!
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Council Members
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From:
Staff
Date:
September 20, 2002 Council Meeting
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Subject:
Local Government Comprehensive Plan Review
Draft Amendment to the City of Boynton Beach Comprehensive Plan
DCA Reference No. 02-1
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Introduction
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The Local Government Comprehensive Planning and Land Development Regulation Act,
Chapter 163, Florida Statutes, requires that Council review local gove~ment
comprehensive plan amendments prior to their adoption. Under the provisions bf this
law, the Department of Co=unity Affairs (DCA) prepares an Objebtions, i
Recommendations, and Comments (ORe) Report on a proposed amendment 6nly if .
requested to do so by the local government, the regional planning council, an affected
person or if an ORC Report is otherwise deemed necessary by the DCA. If th~ local
government requests the DCA to prepare an ORC Report, then Council must provIde the
DCA with its own objections, recommendations for modification, and comments 6n the
proposed amendment within 30 days of its receipt. I
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Background
The City of Boynton Beach is proposing one Future Land Use Map (FLUM) amendment
to its comprehensive plan. The City has requested that the DCA prepare an ORC R~ort.
Evaluation
Future Land Use Map Amendment
,
1. Amendment LUAR 02-002-This amendment is for approximately 32.2 acres located
east of Congress Avenue and west of 1-95 adjacent to the south City limitS (see
attached maps). The proposal is to redesignate the property from [ndustrial to High
Density Residential for development of a 347-unit rental apartment complexJ The
site is presently vacant. The surrounding existing land uses include industrial Ita the
north, CSX Railroad, 1-95 and industrial (County) to the east, waste water treatment
facility (Delray Beach) to the south, and residential to the west of Congress A fenue.
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h~G-23-2002 15:50
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DRAFT
Subject to modifications,
The surrounding FLUM designations include Industrial to the north, Co=unity;
Facilities-Public Building (Delray Beach) to the south, Industrial (County) to the east, I
and Low Density Residential to the west. According to the City, the proposed land:
use amendment will not adversely impact the City's level of service for public'
facilities_
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Future Land Use Element Policy 1.19.2 of the City's comprehensive plan prohibits:
conversior. of industrial designated land on the current FLUM unless the con~ersion :
would generate a range of employment choices for the current and future residents of I
the City, provide goods and services of regional importance, and retain regional fiscal'
and economic significance. The proposed amendment would convert lands currently'
. . . , I
ueslgnated tndustnal to a use that would not generate employment beyond the'
temporary employment in the construction of the residential units. The conversion 10 '
residential would not provide goods and services of regional importance nor retain I
regional fiscal and economic significance. The 1999 "Commercial i Needs'
Assessment" prepared by Palm Beach County projects that the City and surrounding,
areas will have a deficit of industrial space. The deficit is based on compariso~ of the i
year 2015 projected demand to the built and unbuilt supply_ The proposed
amendment would increase that deficit.
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Future Land Use Element Policy 1.19.4 encourages the development of industrial ,
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land, industrial parks, or concentrated industrial areas in order to maximize linkage '
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between complementary industries. The established land use pattern of industrial
lype uses east of Congress Avenue starts north of the subject parcel and coJitinues
southward through the City of Delray Beach to Yamato Road in Boca Ratod. The
proposed land use amendment would diminish the strong definition of the ar~a and '
would reduce the opportunity for linkages between the industrial uses in th~ area.
While the proposed residential land use may be compatible with the resiHential
development west of Congress Avenue, the requested residential density would1not be
compatible.
ExtrajurisdictionaI Impacts
These amendments were reviewed through the Palm Beach Intergove=ental Plan
Amendment Review Process. Notification was provided on May 30, 2002. According to
the Clearinghouse Coordinator, no objections were received regarding the proposed
amendments. '
Effects on Significant Regional Resources or Facilities
Analysis of the proposed amendments indicates that they would not have adverse effects
on significant regional resources Or facilities.
Objections, Recommendations for Modification, and Comments
A. Objections
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RUG-23-2802 15:51
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Subje<:t to modifications!
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B. Comments
I. The proposed land use for this parcel is not compatible with the surroundlng land
uses that are industrial. If the City has determined that there is a need fbr more
land to be designated for residential use, alternative sites such las the
redevelopment area along US 1 near the City's central business district mhy be a
better location. I
2. The proposed residential usc on the subject property is inconsistent with City,
Future Land Use Element Policy 1.19.2 that prohibits conversion of inaustriall
designated land on the current FLUM unless the conversion would gen~rate a:
range of employment choices for the current and future residents of thb City, '
provide goods and services of regional importance, and retain regional fistal and '
economic significance. Also the proposed residential use is inconsist~t with :
Future Land Use Element Policy 1.19.4 that encourages the developnient of'
industrial land, industrial parks, or concentrated industrial areas in order to
maximize linkage between complementary industries.
Recommendation
Council should adopt the above comments and approve their tran.,-mitta! to the
,
Department of Community Affairs. i
Attachment
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TOTRL P.04
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
Govemor
STEVEN M. SEIBERT
Secretary
September 9, 2002
Dear Mayor Broening:
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SEP ! ! 2002 !U1
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The Honorable Gerald Broening
Mayor, City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
The Department has completed its review of the proposed comprehensive plan amendment
for the City of Boynton Beach (DCA No. 02-1), which was received on July 10,2002. The
amendment involves a future land use map change from Industrial to High Density Residential for a
32.2-acre parcel. Based on Chapter 163, Florida Statutes (F. S.), we have prepared the attached
report which outlines our findings concerning the amendment It is particularly important that the
City address the objection set forth in our review report so that the issues raised in the report can be
successfully resolved prior to adoption. We have also included a copy oflocal, regional and state
agency comments for your consideration. Within the next 60 days, the City should act by choosing
to adopt, adopt with changes or not adopt the proposed amendment. For your assistance, our report
outlines procedures for final adoption and transmittal.
The Department respects the City's land use decisions and supports the kind of development
the City wants to encourage within the City. However, we recognize that this amendment does not
further the City's existing policy framework which seeks to maintain and strengthen the City's
industrial base. Therefore, the Department has made recommendations in the attached report to
assist the City in its efforts to promote industrial employment, while allowing flexibility in land use
decisions ifso desired. We are available to assist the City in responding to our report. Please
contact Ken Metcalf, Regional Planning Administrator, at (850) 922-1807, or Joseph Addae-Mensa,
Planner, at (850) 922-1783, if we may be of further assi nee.
.E. HSonny" Timmerman
Director, Division of Community Planning
cc: HET/jam
Enclosures:
Objections, Recommendations and Comments Report
Review Agency Comments
cc: Michael W. Rumpf, Director of Planning and Zoning, City of Boynton Beach
Michael J. Busha, AICP, Executive Director, Treasure Coast Regional Planning Council
2SS5 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: http://www.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE
2796 Overseas Highway, Suite 212
Marathon, FL 33050-2227
(305)289-2402
COMMUNITY PLANNING
2555 Shumard Oak Boulevard
Tallahassee, FL32399-2100
(850) 488-2356
EMERGENCY MANAGEMENT
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(850)413-9969
HOUSING & COMMUNITY DEVELOPMENT
2555 Shurrerd Oak Boulevard
Tallahassee, FL32399-21QO
(850) 488-7956
DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT
FOR
THE CITY OF BOYNTON BEACH
AMENDMENT 02-1
September 9, 2002
Division of Community Planning
Office of Comprehensive Planning
This report is prepared pursuant to Rule 91-11.010,
FAC.
INTRODUCTION
The following objections, recommendations and comments are based upon the Department's
review ofthe City of Boynton Beach proposed Comprehensive Plan Amendment (DCA 02-1) pursuant to
Section 163.3184, Florida Statutes (F.S.).
Objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida
Administrative Codes (F.A.C.), and Chapter 163, Part II, F.S. Each objection includes a reconunendation
of one approach that might be taken to address the cited objection. Other approaches may be more
suitable in specific situations. Some of these objections may have initially been raised by one of the
other external review agencies. If there is a difference between the Department's objection and the
external agency advisory objection or comment, the Department's objection would take precedence.
The City of Boynton Beach should address each of these objections when the amendment is
resubmitted for our compliance review. Objections which are not addressed may result in a
determination that the amendment is not in compliance. The Department may have raised an objection
regarding missing data and analysis items which the City of Boynton Beach considers not applicable to
its amendment. If that is the case, a statement justifying its non-applicability pursuant to Rule
9J-5.002(2), F.A.C., must be submitted. The Department will make a determination on the
non-applicability of the requirement, and if the justification is sufficient, the objection will be considered
addressed.
The conunents which follow the objections and recommendations are advisory in nature.
Conunents will not form bases of a determination of non-compliance. They are included to call attention
to items raised by our reviewers. The comments can be substantive, concerning planning principles,
methodology or logic, as well as editorial in nature dealing with granunar, organization, mapping, and
reader comprehension.
Appended to the back of the Department's report are the comment letters from the other state
review agencies and other agencies, organizations and individuals. These comments are advisory to the
Department and may not form bases of Departmental objections unless they appear under the
"Objections" heading in this report.
2
TRANSMITTAL PROCEDURES
Upon receipt of this report, the City has 60 days in which to adopt, adopt with changes, or
determine that the City will not adopt the proposed amendment. The process for adoption of local
comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes, and Rule 9J-11.011,
Florida Administrative Code.
Within ten working days of the date of adoption, the City must submit the following to the
Department:
Three copies of the adopted comprehensive plan amendment;
A copy of the adoption ordinance;
A listing of additional changes not previously reviewed;
A listing of findings by the local governing body, if any, which were not included in the
ordinance; and
A statement indicating the relationship of the additional changes to the Department's Objections,
Recommendations and Comments Report.
The above amendment and documentation are required for the Department to conduct a
compliance review, make a compliance determination and issue the appropriate notice of intent.
In order to expedite the regional planning council's review of the amendment, and pursuant to
Rule 9J-l 1.01 1(5), F.A.C., please provide a copy of the adopted amendment directly to Michael Busha,
AICP, Executive Director of the Treasure Coast Regional Planning Council.
Please be advised that the Florida legislature amended Section l63.3l84(8)(b), F.S., requiring
the Department to provide a courtesy information statement regarding the Department's Notice of Intent
to citizens who furnish their names and addresses at the local government's plan amendment transmittal
(proposed) or adoption hearings. In order to provide this courtesy information statement, local
governments are required bv the law to furnish to the Department the names and addresses of the
citizens requesting this information. This list is to be submitted at the time of transmittal of the
adopted plan amendment (a sample Information Sheet is attached for your use).
3
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT
PROPOSED COMPREHENSIVE PLAN AMENDMENT
CITY OF BOYNTON BEACH (DCA No. 02-1)
I. CONSISTENCY WITH CHAPTER 163, F.S., AND RULES 9J-5 & 9J-ll, F.A.C.
The Department has completed its review of the proposed amendment to the City of Boynton
Beach Comprehensive Plan (DCA No. 02-1). The amendment involves a future land use designation
change from Industrial to High Density Residential for a 32.2-acre parcel. The parcel is located west of
1-95 and the CSX railroad, east of Congress Avenue, and north of Lone Pine Road. The Department has
the following objection and comments:
Objection. The amendment is internally inconsistent with Future Land Use Element Policy
1.19.2 of the City's Comprehensive Plan which prohibits conversion ofland designated Industrial on the
City's adopted FLUM to any other land use, unless such conversion would produce specified outcomes.
The policy reads as follows:
The City shall provide continued effort to allow for industrial acreage which can accommodate
the approximate industrial employment which has been projected in the Future Land Use
Element. and prohibit conversion of land designated "industrial" on the currently adopted
Future Land Use Map unless such conversion would generate a range of employment choices
for current and future residents. provide goods and services of regional importance, and retain
regional fiscal and economic significance.
The conversion of industrial land to residential land use would not generate a range of
employment choices for current and future residents, provide goods and services of regional importance,
and retain regional fiscal and economic significance. [Sections 163.3177(2); 163.3177(6)(a);
163.3177(9)(b), F.S., Rules 9J-5.005(2)(a); 9J-5.005(5)(a) & (b), F.A.C.]
Recommendation. The City should ensure that the amendment is internally consistent with
Future Land Use Element Policy 1.19.2. The City may withdraw the amendment, since a conversion to
residential land use category would not generate a range of employment choices for current and future
residents, provide goods and services of regional importance, and retain regional fiscal and economic
significance, as the City intends to accomplish through Policy 1.19.2. The Department supports the
existing policy framework which seeks to maintain the City's industrial base. However, to allow for
additional flexibility, the City could consider a revision to Policy 1.19.2 that would allow for industrial
land conversion to residential land use, with guidelines or complementary amendments to ensure the
City maintains the current industrial allocation. For example, the City could intensifY use of industrial
land to offset a loss of industrial acreage or could adopt other amendments to concurrently convert other
lands to industrial use.
Comment 1. Although the City's staff report indicates that the amendment would not place any
"unanticipated demands" on the City's public facilities, the amendment does not include public facility
data and analysis to demonstrate that the City would maintain the adopted levels of service (LOS)
standards for potable water, sanitary sewer, solid waste, drainage, parks and recreation, road and school
facilities throughout the City's planning timeframe. In the absence of the required public facility
4
analysis from the City, the Department's staff conducted a cursory analysis to determine if the
amendment would result in LOS deficiencies for potable water, sanitary sewer and roads. Based on the
Department's staff analysis, it has been determined that the amendment would not create any LOS
deficiencies for these facilities.
In order to have an objective basis for evaluation of the potential impacts of a future land use
map change, the Department requires that public facility capacity analysis, based on the maximum
intensity or density standards as adopted in the local government's comprehensive plan, be conducted by
the local government. Based on this analysis, the local government would be able to determine if it
would maintain its adopted LOS standard for each public facility, both within the five-year and the
overall planning time horizons, and if not to determine mitigation necessary to correct identified
deficiencies. Therefore, the Department recommends that the City of Boynton Beach include public
facility analysis in this amendment and in all future land use map amendments.
Comment 2. The proposed High Density Residential land use category, allowing a maximum
density of 10.8 dwelling units per acre, may be incompatible with the existing and future character of the
areas surrounding subject site. According to the information provided in the amendment package, the
area north of the property is developed industrial and has a future land use designation of Industrial,
adjacent to the south exists the City of Delray Beach's Waste Water Treatment Facility and has
Community Facilities/Public Buildings land use designation on the City of Delray Beach Future Land
Use Map (FLUM), to the east is unincorporated Palm Beach County and has a FLUM designation of
Industrial land use, and the property to the west is low density residential development (Hunters Run)
and designated Low Density Residential (4.84 dwelling units per acre) on the City of Boynton Beach
FLUM. Additionally, the parcel abuts the CSX Railroad which is currently being doubled-tracked,
according to Florida Department of Transportation (District 4). Traffic-generated noise from the CSX
Railroad would be a potential concern to the residents of the proposed residential development.
If the City decides to adopt this amendment, then the Department is recommending that the City
explore appropriate measures to address the compatibility issue.
II, CONSISTENCY WITH ST ATE COMPREHENSIVE PLAN
The proposed comprehensive plan amendment does not adequately address and further the
following goals and policies of the State Comprehensive Plan, Chapter 187, F.S.:
Transportation Goal and Policies 9, 13, & 15, regarding ensuring easy mobility;
intergovernmental coordination of transportation improvements, and promotion of effective coordination
among various modes of transportation in urban areas to assist urban development and redevelopment
efforts.
Public Facilities Goal and Policy I, regarding developing land in a way that maximizes the uses
of existing public facilities.
Recommendation. The City should revise the proposed amendment to be consistent with the
above-referenced goals and policies of the State Comprehensive Plan (see specific objections, comments
and recommendations included in this report).
5
\\~/
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1l,A JEB BUSH
1> GOVERNOR
\\
Florida Department of Transportati
3400 WEST COMMERCIAL BOULEVARD
FORT LAUDERDALE, FLORIDA 33309-342 I
DIRECTOR of PLANNING AND PRODUCTION
August 6, 2002
i""" ~@~UW~ @
D T
~ SECRETARY
Iml' 4 3Ir2
RPM asp
PLAN PftOCESSING TEAM
Mr. Ray Eubanks, Planning Manager
Department of Community Affairs
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Dear Mr. Eubanks:
SUBJECT:
Proposed Comprehensive Plan Amendments ORC Review
Local Government: City of Boynton Beach
DCA Amendment # 02-1
The Department has reviewed the proposed comprehensive plan amendments for the City of Boynton
Beach. Enclosed are objections, recommendations, and comments regarding the proposed
amendments.
Thank you for the Opportunity to participate in the review process. If you have any comments or
questions about this letter, please contact me at (954) 777-4490.
Sincerely, :4
fJ.. \
.\
(2,.."rv U ' -
G~~ O'IJllY, P.E. .
District Director
Planning and Production
GO:TS
Enclosure
cc: B. Romig, FDOT Central Office
K. Metcalf, DCA
D. Newjahr, Tri-Rail
R. Holzweiss, FDOT 4
N. Bungo, FDOT 4
L. Merritt, FDOT 4
L. Hymowitz, FDOT 4
FIi" 4270.03
www.dot.state.fl.us
G) RECYCLED PAPER
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS & COMMENTS
RESPONSIBLE DIVISIONfBUREAU:
NAME OF LOCAL GOVERNMENT:
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT:
DATE MEMORANDUM RECEIVED FROM DCA:
REQUIRED RETURN DATE FOR COMMENTS:
Planning Department
Citv ofBoY11ton Beach
7/12/02
7/16/02
8112/02
ELEMENT:
LUAR 02-002
Future Land Use Element
DCA Amendment # 02-1
RULE DEFICIENCY:
9J-5-005(2)(a) and k)
9J-5.019(3)(a) and ill
The subject amendment proposes to change the future land use designation from Industrial to High
Density Residential land use for a 32-acre parcel. This parcel is located west ofI-95 and adjacent to
the CSX railroad tracks, east of Congress Avenue and north of Lone Pine Road.
OBJECTION: A land use change from Industrial to High Density Residential land use
designation usually results in an increase in vehicle trips on the adjacent roadways. Although the
applicant states the Palm Beach County Traffic Division has reviewed the traffic study submitted in
support of the proposed project and determined it meets County standards, the study was not included
in the amendment package. The City has not addressed potential traffic impacts that would result from
the proposed land use change to 1-95, a Florida Intrastate Highway System facility.
RECOMMENDATION: The City should include a transportation analysis of the impacts the
proposed land use change would have on the roadway network, including the FillS. This analysis
should identify projected vehicle trips before and after the proposed amendment, peak hour/peak
direction analysis, and the methodology used. The analysis should be based on the most current data
available.
REVIEWED BY:
Terry Scheckwitz. AICP
PHONE: 954-777-4490
REVIEWED BY:
Larry Hymowitz. AICP
PHONE: 954-777-4490
REVIEWED BY:
Nancv Bungo
PHONE: 954-777-4490
1
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS & COMMENTS
RESPONSIBLE DIVISION/BUREAU:
NAME OF LOCAL GOVERNMENT:
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT:
DATE MEMORANDUM RECEIVED FROM DCA:
REQUIRED RETURN DATE FOR COMMENTS:
Planning Department
Citv ofBovnton Beach
7/12/02
7/16/02
8/12/02
ELEMENT:
LUAR 02-002
Future Land Use Element
DCA Amendment # 02-1
RULE DEFICIENCY:
9J-5.019(2)(a)2 and 2
9J-5.019(3)(f)
The subject amendment proposes to change the future land use designation from Industrial to High
Density Residential land use for a 32-acre parcel. This parcel is located west ofI-95 and adjacent to the
CSX railroad tracks, east of Congress Avenue and north of Lone Pine Road. The site is served by Palm
Tran Route 2, which provides service to Tri-Rail.
OBJECTION: The proposed change to High Density Residential land use designation
results in an increase in trip generation and qualifies as transit generator. Mobility choices, such as
pedestrian, bicycle, and transit considerations, to accommodate the proposed land use were not analyzed.
RECOMMENDATION: The City should include a mobility choice analysis based on the maximum
allowable land use intensity before and after the proposed amendment. Future Land Use Element
Objective 1.3 should be revised to include a policy to address mobility choices for land uses that qualify
as transit generators.
The City should coordinate with Palm Tran to plan for appropriate and accessible transit infrastructure.
The City, and the applicant, should consider transit infrastructure and access to Palm Tran's Route 2 bus
stop by pedestrians and bicycles. Pedestrian considerations are an important component in providing a
quality transit experience. The City should address its policy on pedestrian considerations as part of this
amendment, including students' access to the school buses and convenient connectivity to transit
infrastructure on both sides of Congress Avenue. These considerations should include identified
walkways, lighting for safety, and a canopy, such as landscaping, for a measure of climate control for
pedestrians and transit riders.
REVIEWED BY:
Terry Scheckwitz. AICP
PHONE: 954-777-4490
REVIEWED BY:
Larry Hvmowitz. AICP
PHONE: 954-777-4490
REVIEWED BY:
Nancv Bungo
PHONE: 954-777-4490
2
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS & COMMENTS
RESPONSIBLE DIVISIONIBUREAU:
NAME OF LOCAL GOVERNMENT:
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT:
DATE MEMORANDUM RECEIVED FROM DCA:
REQUIRED RETURN DATE FOR COMMENTS:
Planning Deoartment
City ofBovnton Beach
7/12/02
7/16/02
8/12/02
ELEMENT:
LUAR 02-002
Future Land Use Element
DCA Amendment # 02-1
RULE DEFICIENCY:
The subject amendment proposes to change the future land use designation from Industrial to High
Density Residential land use for a 32-acre parcel. This parcel is located west ofI-95 and adjacent to
the CSX railroad tracks, east of Congress Avenue and north of Lone Pine Road.
COMMENT: The CSX Railroad, also known as the South Florida Rail corridor, which
is adjacent to the proposed development, is currently being double-tracked. Traffic generated noise
from the CSX Railroad is likely to be a concern to the residents of the proposed development.
RECOMMENDATION: The developer is encouraged to avoid creating noise-sensitive receivers
that could be impacted unless appropriate noise attenuation measures are provided. These measures
may include keeping a minimum setback of200 feet from the right of way line for the CSX Railroad,
construction of a noise wall at least 16 feet tall, and the inclusion of enhancements in the development
for above ground level units, to window and door treatments to minimize interior noise, that meet
HUD specifications.
REVIEWED BY:
Terry Scheckwitz. AICP
PHONE: 954-777-4490
REVIEWED BY:
Larry Hymowitz. AICP
PHONE: 954-777-4490
REVIEWED BY:
Nancy Bungo
PHONE: 954-777-4490
,
DIVISIONS OF FLORIDA DEPARTMENT OF STA
Olfic('of~hcStlcretary
Office of In~('mational R('latlon~
D1\'isionof EIt.-':lions
Division of Corpora lions
Diviskm of CultuTal Affairs
Division of Historical R('source~
Division of library ilnd fnform<lllon x>rviccs
Division of licensing
Division of Administralive Services
MEMBER OFTHE FLORIDA CABINET
Y\J0
\ 011
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FLORIDA DEPARTMENf OF S1ATE
Katherine Harris
Secretary of State
DIVISION OF HISTORICAL RESOURCES
slale Board of Education
Trustees of ~he Internal Improvement Trust Fund
Adminis~ra~ion Commission
Florida land ,md Water Adjudica~ory CommiSSion
Siting Bo.lrd
Division of Bond Finance
Department of Revenue
Departmen~ of Llw Enforcement
Departmt'nl 0/ Highwa}' 5.1/e~y and ~'olor Vehiclcs
Depar~men~ 0/ Veterans. Affairs
ill ~ @ ~ D WI ~~I
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RPM BSP J I
PLAN P~OCESSING TEAM I
July 31, 2002
Mr. Ray Eubanks
Department of Community Affairs
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Historic Preservation Review of the City of Boynton Beach (02-1) Comprehensive Plan
Amendment Request (Received by DHR on 07/12/02)
Dear Mr. Eubanks:
According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida
Statutes, and Chapter 9J-5, Florida Administrative Code, we have reviewed the above document
to decide if data regarding historic resources have been given sufficient consideration in the
request to amend the Boynton Beach Comprehensive Plan.
We have reviewed one proposed Future Land Use Map amendment to consider the potential
effects of this action on historic resources. While our cursory review suggests that the proposed
change may have no adverse effects on historic resources, it is the city's responsibility to ensure
that the proposed revision will not have an adverse effect on significant archaeological or historic
resources in Boynton Beach.
If you have any questions regarding our comments, please feel free to contact Susan M. Harp or
Laura Kammerer of the Division's Compliance Review staff at (850) 245-6333.
Sincerely,
4- p. -. Q ~. G..JL., c.\-~J-
1>",H'0." J. \\\statk 'i~\~s~,"".l~o"
~ Janet Snyder Matthews, Ph.D., Director
RA. Gray Building . 500 South Bronough Street . Tallahassee. Florida 32399-0250 . http://www.flheritage.com
o Director's Office 0 Archaeological Research ~ Historic Preservation 0 Historical Museums
(850) 2.t5-6300 . FAX; 2.t5.6.t35 (850) U5-6+l-t . FAX: 2-15 6-B6 (850) 2.t5-6333 . FAX; 2.t5-6437 (850) 245.6-100 . FAX: 2-15-6-133
o Palm Beach Regional Office 0 St. Augustine Regioni11 Office 0 Tampa Regional Office
(561) 279.H75 . FAX: 279.1476 (904) 825-5045 . FAX; 825.50H (813) 272-38-13 . FAX: 272.2340
Department of
Environmental Protection
Jeb Bush
Governor ~
\00V
~"q"
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
David B. Struhs
Secretary
Mr. D. Ray Eubanks
Bureau of Local Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
August 12, 21~ ~ @ ~ a w [rW'':n~'I;
AUG I 9 2001 U
, -
I
,
f RPM asp ,
L PLAN P~OCESSING TEAM i
Re: Proposed Amendment to the City of Boynton Beach Comprehensive Plan, DCA 02-1
Dear Mr. Eubanks:
The Office of Intergovernmental Programs of the Department of Enviromnental Protection has
reviewed the above-referenced amendment under the required provisions of Chapter 163, Part II,
Florida Statutes, and Chapters 9J5 and 9111, Florida Administrative Code. Our cornments and
recommendations are provided to assist your agency in developing the state's response.
Comments:
Although the City's staff indicates that the increased residential density for this proposed
amendment will have inconsequential impacts on the City's infrastructure, there has been no
analysis of pot able water and sanitary waste demands indicating that the Levels of Service
standards will be met.
Please call me at (850) 487-2231 if you have any questions regarding this response.
Sincerely,
/~&~
Robert W. Hall
Office ofIntergovernmental Programs
"More Protection, Less Process"
Printed on recycled paper.
SOUTH FLORIDA ~ER MANAGEMENT DISTRICT
3301 Gun Club ROild, \\'e~t P,11m Be;]ch, Fl0ridi1 3:..-:0h . (361) 686-8800 . FL WATS 1-800-432-20-15 . TOO (561) f,97-257.!
M.1iling Address: POBox 246811, \Vest Palm Be"ch, FL 33.n6--l680 . www.sfwmd.gov
GOV 08-28
ID~
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(fDJ II @ II 0 W fl,fiiJ
WI AlK; 9_ ~I
August 6, 2002
Ray Eubanks, Planning Manager
Plan Review and DRI Processing Team
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
'-
PLAN PII'[f)LBSji
""'''''IN/1 lfAM
Subject:
Proposed Amendment Comments
City of Boynton Beach, DCA# 02-1
Dear Mr. Eubanks:
The South Florida Water Management District staff has reviewed the subject document
and we have no adverse comments. If you have any questions or require additional
information, please call me at (561) 682-6779.
Sincerely,
P.~-
Lead Planner
Water Supply Planning & Development Division
PKS/nk
c:
Michael Busha. TCRPC
Ken Metcalf, DCA
Michael Rumpf
GOVER\/.\G BOAf\P
EXECUTIVE OFFICE
TruJi K. Williams, r,E., Chllir
Lennart E. Lindilhl, r.E., Vily-C/rJT;,
P.:lmel,1 Brooks-Thom<15
Michael Collin.;
Hugh M. English
Ger.1rdo B. Fern.lndez
Patrick J. Gleason, Ph.D.. P.G.
Nkolc1s J. Gutierrez, Jr., Esq.
Harkle\' R. Thornton
Henry Dean, E1WIIIi;:." D/f(\"t.1r
RUG-23-2002
15:50
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TREASURE COAST REGIONAL PLANNING COUlNCIL
301 EAST OCEAN BOULEVARD I I
SUITE 300
STUART, FLORIDA 34994
PHONE: 772-221-4060
FAX: 772-221-4067
FAX TRANSMISSION
Date: gJ';2.. ~ lo"L.
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Number of Pages (including cover sheet): Y
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Subject to mOdifiratioDS .
TREASURE COAST REGIONAL PLANNING COUNCIL I i
MEMORANDUM
To:
Council Members
AGENDA ITEM
I
,
From:
Staff
Date:
September 20, 2002 Council Meeting
Subject:
Local Government Comprehensive Plan Review
Draft Amendment to the City of Boynton Beach Compreheusive Plan
DCA Reference No. 02-1
lntroduction
I ,
The Local Government Comprehensive Planning and Land Development Regulation Act, !
Chapter 163, FLorida StaMes, requires that Council review local gove,/nment!
comprehensive plan amendments prior to their adoption. Under the provisions 6f this :
law, the Department of Community Affairs (DCA) prepares an Objebtions, i
Recommendations, and Corrunents (ORC) Report on a proposed amendment 6nly if '
requested to do so by the local governmeTll, the regional planning council, an affectcd
person or if an ORC Report is otherwise deemed necessary by the DCA. If th~ local
government requests the DCA to prepare an ORC Report, then Council must provIde the
DCA with its own objections, recommendations for modification, and comments pn the
proposed amendment within 30 days of its receipt. I
Background
The City of Boynton Beach is proposing one Future Land Use Map (FLUM) amenfiment
to its comprehensive plan. The City has requested that the DCA prepare an ORC R~ort.
I
I
Evaluation
Fucure Land Use Map Amendment
1. Amendment LUAR 02-002-This amendment is for approximately 32.2 acres Ibcated
east of Congress Avenue and west of [-95 adjacent to the south City limi~ (see
attached maps). The proposal is to redcsignate the property from Industrial tel High
Density Residential for development of a 347-unit rental apartment eomplexJ The
site is presently vacant. The surrounding existing land uses include industrial ito the
north, CSX Railroad, 1-95 and industrial (County) to the east, waste water treatment
facility (Delray Beach) to the south, and residential to the west of Congress A fenue.
I
-RUG-23-2002 15:50
P.03
nJu.Ti
Subject to modififations
The surrounding FLUM designations include Industrial to the north, Community
Facilities-Public Building (Delray Beach) to the south, IDdustrial (County) to the east,
and Low Density Residential to the west. According to the City, the proposbd land
use amendment will not adversely impact the City's level of service fori public i
facilities. I
,
Future Land Use Element Policy 1.I9.2 of the City's comprehensive plan piohibits I
conversion of industrial designated land on the current FLUM unless the conrersion I
would generate a range of employment choices for the current and future resi9~ts of!
the City, provide goods and services of regional importance, and retain regional fiscal'
and economic significance. The proposed amendment would convert lands c~rrently ,
designated industrial to a use that would not generate employment beyolnd the!
temporary employment in the construction of the residential units. The convetsion (0 '
residential would not provide goods and services of regional importance noi retain !
regional fiscal and economic significance. The 1999 "Cornmercial I Needs'
Assessment" prepared by Palm Beach County projects that the City and surrofnding ,
areas will have a deficit of industrial space. The deficit is based on comparisolli1 of the i
year 2015 projected demand to the built and unbuilt supply. The proposed
amendment would increase that deficit. !
Future Land Use Element Policy 1.19.4 encourages the development of industrial ,
land, industrial parks, or concentrated industrial areas in order to maximize $nkage :
between complementary industries. The established land use pattern of industrial :
type uses east of Congress Avenue starts north of thc subject parcel and co,tinues :
southward through the City of Delray Beach to Yamato Road in Boca Raton. The
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proposcd land use amendment would diminish the strong definition of the area and '
would reduce the opportunity for linkages between the industrial uses in thh area.
While the proposed residential land use may bc compatible with the resiliential
development west of Congress Avenue, the requested residential density wouldlnot be
compatible.
Extrajurisdictional Impacts
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These amendments were reviewed through the Palm Beach IDtergovemmental Plan
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Amendment Review Process. Notification was provided on May 30, 2002. According to
the Clearinghouse Coordinator, no objections were received regarding the pr4posed
amendments. ,
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Effects on Significant Regional Resources or Facilities
Analysis of the proposed amendments indicates that they would not have adverse effects
on significant regional resources or facilities. '
Objections, Recommendations for Modification, and Comments
A. Obj ections
AUG-23-2002 15:51
I. None
B. Comments
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Subject to m01CAtions,
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1. The proposed land use for this parcel is not compatible with the surrounll!fg land
uses that are industrial. If the City has determined that there is a need l' r more
land to be designated for residential use, alternative sites such as the
redevelopment area along US 1 near the City's central business district y be a:
better location. I :
, ,
2. The proposed residential use ~n the subject prop~rty is inco~istent ~f.h C~ty:
Future Land Use Element Policy 1.19.2 that prohibIts conversIOn of mdustna1 i
designated land on the current FLUM unless thc conversion would genbrate a :
range of employment choices for the current and future residents of t~1 City,:
provide goods and services of regional importance, and retain regional fis al and i
economic significance. Also the proposed residential use is inconsist t with :
Future Land Use Element Policy 1.19.4 that encourages the develop~ent of'
industrial land, industrial parks, or concentrated industrial areas in o~der to .
maximize linkage between complementary industries.
Recornmendation
Council should adopt the above comments and approve their traosmittal
Department of Community Affairs.
~ the!
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Attachment
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