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DCA " . 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 ...... '" .... ....;l ::I o .... ...... ~ s .. ..s ::I ..... ... '" QJ ...... .. ::I o U ::I QJ N .... ...... .... U ::I ~ - ~ QJ > .... '" ::I QJ .r::I QJ .. Q. 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Z < " . . , C c , o ~ :; I ~ ~ 0: < c < o " o , 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. " , { -..... . " .. ert F. Renn~hu!\$1, P .E;. " ,", . , ,~~ \' (, , ." -" I, .:: 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 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 T:;()l (, ;un CluJ, R.,'.lLL \,\ t'<;\ 1'.,1111 )1":h h, n"l"k1.\ ;"'.lll!, . \"1,1) I,<"l~ t-:i'II(1 . F1. \\:\1'-- l-,'m(l~ Ci2 2(q::; . I J~I) I "{>l1 I,d-_':::;:-~ \Llilin;.:: Ad,ln'''", I' l) g,)\. 2Ih.'iP. \\,'-'1 I'.llm l\',llh, n ;,-llh-+n.'-'ll . \\\\'\\'.~h\'I1l,L;:;-(l\ 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 AUG-82:: l:I'\}'K\/.\'l, HI'\/\!I [V(~Ul!',} Ou,u, Irudi "- \\,jlli.1l11__ 1'1 _, 1-,1,',1/, !t'nndrt L I ind.lhL P.j' \'I'I-t-IIIli' I',mH'Ll Dnlpk-. 'J 11(1111,'<" 'Iidl,wll-~\llhll:- Hll,\..';h \1. j'.ngli"h CI'1",ln,I,) 13 h-rn,il1d,', 1'.111"1.1.1.\ ~lt\l",)n. I'h.fl" PI., \;j,-\,L\" 1_ \ ;utit'rrl'/, Ir., Ec;q fLlrk.!,'\ 1'- Thlmlhll1 Ht'llry Dt',lll, L\L'll/I;.-I- r':.. 'd,'1 ~. "..',,/ ~ T RE;Asjj:ltgu\Cit(~~~Rlii6 ~49P LAN NI N~"(f~~~"C~ ",. ,'<;. 1# t' ~j,.' , ".: - JtI _,~. ,.., 11 _ ~.,-,,_ ";:::1 ,~ 11lt D:UcN:--a rv E it ~ YXR't 1 N;: ~ 'P~L \t- '-'.," ~,,;. B ~A C H*_a~T'. :EIre IIt'- '#"""- ;if 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 ------...---- -. ''::-\'-\ 1 ~ f"p': ", 1\02 TLH:wh 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 General Location Map City of Boynton Beach ?Qlnc,ar.',- ?Iace \/6 5 .)~, d .,' 10th Ave 6\h - ---------t I M riale""a La,' Green I ) F~ I I , 1 i J~ . :'\"!".;:. res Ci~X-' "+' , + t , . ,~!\ r,,', ,",' I I ! ~ ~ '" Gat 80.:1 I I ( j 01 L '" '" ':l '", u Lake Ida d SW 23rd A .De ray Gardens C 807Ft t;l 809 [ .F ran..vood PInes Kingsland' I 806 , C'untry Dub Acres , , ,,., ,.l p , Linton Blvd! -01------------ 0::1 ~I ,." "I ,j~~t . . ~ (\f . . 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"hu;.,L1.,d;~", ," J' ',' , T R~A~~~l~ fti+~jlif(t-r:A.~ ~ p ~A~ N I N~~"eO JQt~A . ; Li =~~ . ;~ dJ ~,l ~_:llt _"c -~ ~ -; !~",;' 0; ~ J- . IllI;fr1A:~'''BJ~+~. - ~~'~IN;=- .p~L'\t- B~"ACH~~1~T!.'_f-lTCfi+- :f;" < - .~ .' . 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 y tv \ JEB B[;SH GOVERSOR ~" .. ~ "?"~\j 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 '~,~C' elf Ih~' s..'uet.HY ':'~"011nl<.'mJtlonJ[ ReIJI:,'~'> ". ",on of Ek(~:00; ",;,,000ICClrt'vr,1!:ooj ,,'s;,'o or Cul~t:rJ] AifJjrs "'5J'1r"l(1fH"ror1(;JI R<.'sour;::," '\'\"00 Of LL!;orJrY Joel 10iormJ~:[)n .....r" 'u'~ ""~',>n of ljcc",jnl) ''';'''0 vf ,\.::Imm',l~Jtj,'~ 5.,,., :Cc"" ~IE.\!IJ[R OF TilE fLO!\!D \ c.-\Bl.'irr ~\C(X! \ 0')) f ~I FLORIDA DEP.4RTME!\Tr OF STA.TE Katherine Harris Seaetc1f\': of StJ.k 51 '~c' fl..'M,~ Ili Eci "("Jr:.'~. ,., ,~~."'~ t.~~':,.,.,.l[ :,",,~~"\'~:':1~n: T",,",: .=u~d AJ CT",'L ,~, J ~"'n C(l",.~ "_ ,L"n ~"'r;J, ; 'n,j ,'~.J ""J'~r .,JIL...:;,J'cr: ':J"',.-,' ".L'" Sa,,,.: 8",1;..\ D"''';L1n "ilk",,::: ;:,,,.1.~ce De,.I::",.l'n: "r2<.''','ru,' C,-'c"tme"t oJI L.>w E"~,)rc,~".,<.'~,t D,T,I':"""PI or H,.::."',~,1\' ~.lI,:t... ,~,i '-luror '. ~~'" .'." [;,!pJ':,~,'nt ,'I ',e'<.'Ll.~; -\ri,) DIVISION OF H[STORICAL RESOURCES m~@~OIJ~r;)! 1 r---------_~~ III ,! 1 i ' ", I I" ~ : i' .' ' f ".1,. _ "I' !1JuL1 Ii...') RPM SSP _.J 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'" 1561) 279..1475 . P,X, 279-1-l7fl (QO-l) '12::; ::,;--l,;; . ?..I.\ '~2:;;-;:1;-+~ (313) 2;'2..J.HJ . F,\\. ::;-:: 2J-lil . ,'i"O';'l:o.i~..' ". ~'l<\. _ .;;.~.~ ~"," ~~. .Jft '\ t FlQR_A 7- _.. .ll. . -~ ~ ....." ~ - .- ~ ... -- Department of Environmental Protection Jeb Bush Governor \()~v ~A C\" Marjory 5coneman Douglas Building 3900 Commonwealch Boulev3rd Tallahassee. Florida 32399.3000 David 8. Struhs Secrewry August 12, 2J~ ~ J , ! i , I , ~II~ ~ 9"2';:' "IWI RP,II SSP -- : 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" Printed an recycled paper. SOUTH FLORIDA v\lUER i\t-\.'\AGEME0iT DISTRICT 3:;01 Gun CILll, R.el,hi. \\ ,,~t r,ll1~, 6>:',I-.:h, Flc'ri,Ll :;~! '1' . I~"" II n,-':A_,'~:";I:O . FL \VATS 1-",~n--t32-:C-t3 . T[,'1 I:;r I: r" _ _ ;\Lldln,~ .:...ddre::'~' PO Bel\. 2-1,(",,"1), \\('~t r,li:-:, Bt'_l(~,. f:L :;~~h-~I;,;;(1 \,\\'w.o;t'smd ';lW GOY 08-28 ID~ /(C1~ ((oJ fl & fl 0 W (ff,fn] uW AW 9_ !JJ/ 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 I,ER..'J\C BII'\/~[l E.\Ecun~ E: OF,:,'CE di K. Willi,lm:;. P.L elM:r ndrt E. Lind,1hL r E ,,'-hi" ,,'I.~ ~ ~ ',,; -1'11, '11" \ ~.!i(h,ld Call1n'' Hl;:::)~ .\1. En.c;-li~h ,~ r"rT1.1! c~, r.1tri(h.l. Ck.l."l)l1, Ph.D., r C. ':i,"I,Lh r Cut:L'rr~'z, fr.. E~q. :' rh')r:'~l)11 Hl'nr: D~,ln, tl:,;,I;;'c C'I,',,' RUG-23-2802 15:50 P.01 . i , ' : ~ TREASURE COAST REGIONAL PLANNING COUNCIL 301 EAST OCEAN BOULEVARD SillTE 300 STUART, FLORIDA 34994 . : . : PHONE: 772-221-4060 F~: 772-221-4067 , I , I FAX TRANSMISSION Date: gl'2- ~ )OL . . Fax Number: (g ~a ') y ~i$ ~ '3 ':'C::l , i Number of Pages (including cover sheet): Y Operator: : I : To: :j e, s.epl-l A-c.Q.C1G-- mC',,"VlSCL. i , 1 '" From: - -.J ~ \"- S. Y\ v dP.r .-J ''2 . ,') ! C P Project: tx.,~Y\b" i::.){'Cl<:'V,__ c,.y..,'f> !e~\ Hm~cft'rf~ t- i' Comments: S~H cJ~-\r '(C:poY't- k ( .1 (l~;,,?c " i m h,. ~'" ~~;., J , , :)c- ;(,0 C.'? I ,'- I , I 1 ; 1 i , , , II RGG-23-2002 15:50 P.02 I I DRAFT Subject to modifications TREAstJRE COAST REGIONAL PLAc"NING COUNCIL MEyl0RANDUM To: AGENDA lIE!>,! , , Council Members : I From: Staff Date: September 20, 2002 Council Meeting '1 , , , Subject: Local Government Comprehensive Plan Review Draft Amendment to the City of Boynton Beach Comprehensive Plan DCA Reference No. 02-1 i I 1 I : I , 1 '. , , 'I 11 : I Introduction I 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 , , i , 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. I I i i I I I i I , i I I , I I ! , , , i , ! , , , , , i , i I , , I , , h~G-23-2002 15:50 P.03 II i : J I i 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_ , I , r I i I " , , i ,i : : 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. , i I I I I I Future Land Use Element Policy 1.19.4 encourages the development of industrial , , , land, industrial parks, or concentrated industrial areas in order to maximize linkage ' , 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 I' ,f I I : I I I : I , I , I : 1 ; I i I 'I , , , I ,I i 1 , ' , I , I I I , I , , , I Ii , I I' RUG-23-2802 15:51 r.J4 I I DRAFT Subje<:t to modifications! , i 1. None 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 I TOTRL P.04 It 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: , -~-~-- ! :i ! I I. 'I 1 ,., : : ;! ~ i SEP ! ! 2002 !U1 ____J , I ',' ,;r nf\/Fi OPMfr,r11 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 \\~/ %~~. 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 r~1 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 )'U-,:: 7 ,I~I! i'l U 'LJ: 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~ /f'1-6V (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 I 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. FaxNumber: (8~(J ') yS€:;'- ;. ::'01 Number of Pages (including cover sheet): Y Operator: To: :.J e s.epn ~()G- mc:.-VlSCL. . From: - -.J ~ \"'- S. Y'lu ~r ..J Project: () . /) r '()<:.; ~ y\ \""'. I :.x- Ct ~ v,... HW\~cf~'N~~ t- CCtw\(J r I e ~\ Comments: P.01 I I I I I , I , I ,:l"ii' 2.0 (; l<- I ! I i , I I I I i S~H cJro-\r- -<<port- R"( CcV'r?C,') m!J- 0.'1'\ Sop" AUG-23-2002 15:50 P.02 I nRl.uT 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 , 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 I These amendments were reviewed through the Palm Beach IDtergovemmental Plan I Amendment Review Process. Notification was provided on May 30, 2002. According to the Clearinghouse Coordinator, no objections were received regarding the pr4posed 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. Obj ections AUG-23-2002 15:51 I. None B. Comments P.04 nfu,Ti I Subject to m01CAtions, I I I , 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! , 1 Attachment TOTAL P. 04