AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetim! Dates in to City Clerk's Office MeetinlZ Dates in to City Clerk's Office
0 March 19,2002 March 6, 2002 (5:00 p.m.) 0 May 21,2002 May 8, 2002 (5:00 p.m.)
0 April 2. 2002 March 20, 2002 (5:00 p.m.) 0 June 4, 2002 May 22, 2002 (5:00 p.m.)
0 April 16,2002 April 3, 2002 (5:00 p,m.) 0 June 18, 2002 June 5, 2002 (5:00 p,m,)
0 May 7, 2002 April 17. 2002 (5:00 p.m,) C2J July 2, 2002 June 19,2002 (5:00 p.m.)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM C2J Public Hearing 0 Legal
0 Bids 0 Unfmished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the July 2, 2002 City Commission Agenda under Public
Hearing. The Planning and Development Board with a 5 to 2 vote, recommended that the subject request be approved. If
the Commission approves the subject request, stafIrecommends that the approval be conditioned upon the submittal ofa
master plan for processing for review concurrent with the corresponding ordinance. For further details pertaining to the
request, see attached Department of Development Memorandum No. PZ 02-125.
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
South Congress Residential (LUAR 02-002)
Kieran Kilday of Kilday & Associates, Inc.
Congress Industrial Park, L.L.c.
East Side of S. Congress A venue opposite Hunters Run PUD
Request to rezone a 32. I-acre tract from Industrial (MI) to Planned Unit
Development (PUD).
PROGRAM IMPACT:
FISCAL IMPACT,
AL TERNA TIVES:
NIA
NIA
NIA
City Manager's Signature
?'~().~
Planning and Zo. Drrector CIty Attorney I Fmance I Human Resources
S:\Planning\SHARED\WP\PROJECTS\South Congress Residential LUAR\Agenda Item Request South Congress Residential Rezone LUAR 02-002.7.2-
02.dot
S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl:! Dates in to City Clerk's at1ke Meeting Dates in to City Clerk's Office
0 August 6, 2002 July 17,2002 (5:00 p.m.) 0 October I, 2002 September 16, 2002 (Noon)
0 August 20, 2002 August 5, 2002 (Noon) 0 October 15,2002 September 30, 2002 (Noon)
0 September 3, 2002 August 19,2002 (Noon) 0 November 6, 2002 Octoher 14, 2002 (Noon)
0 September 17, 20U2 September 3, 2002 (8:00 a.m.) C2'J November 19, 2002 November 5, 2002 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing C2'J Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the November 19,2002 City Commission Agenda under Legal,
Ordinance - First Reading, On July 2, 2002 the City Commission with a 4 to I vote, recommended that the subject request
be approved for transmittal to the Florida Department of Community Affairs_
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
South Congress Residential (LUAR 02-002)
Kieran Kilday of Kilday & Associates, Inc.
Congress Industrial Park, LLC
East Side of S_ Congress Avenue opposite Hunters Run PUD
Request to Amend the Comprehensive Plan Future Land Use Map for a 32_I-acre tract
from Industrial (I) to High Density Residential (HDR)_ The companion rezoning of the
property from M-I Industrial to PUD Planned Unit Development will be placed on First
Reading on the December 3,2002 agenda to coincide with approval of the Site Plan!
Master Plan for the property_
PROGRAMIMPACT:N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
D"'k,~~,
City Manager's Signature
-?<--I J ~~
Planning and Zoning , tor
City Attorney / Finance / Human Resources
\\Ch\MAIN\Shrdata\Planning\Shared\Wp\PROJECTSVefferson @ Boynton\LUAR\Agenda Item Request Amend 1st reading- Nav 20, 2002.dot
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated, Initiating department must prepare Agenda Item Request Form, Submit
original agenda request (with back up) and one CODY of aaenda reauest (with back UD) to the
City Clerk's office, Items must be submitted by the deadlines indicated below, Incomplete or
late items will be returned to originating department.
Requested City Deadline for Submittal to City P & D/CRA Requests Deadline
Commission Meeting Clerk's Office
Dates
DAu ust 20, 2002
DSe tember 3, 2002
DSe tember 17, 2002
DOctober 1 2002
DOctober 15, 2002
DNovember 6, 2002
[8JNovember 19 2002 November 5
*Due to holiday on September 2nd
Departments are responsible for securing the following
si natures on attached A enda Re uest Form:
De artment Head D
Wilfred Hawkins for de artments under Administrative Services D
Finance De artment for items that involve ex enditure of funds D
All back u material is attached D
All exhibits are attached & marked e. ., Exhibit "A' 0
No back up - ordinance supplied by Legal,
I"\~
Department Head's initials: '
South Congress Residential (WAR 02-002)
Please do not write in the shaded area below.
Legal Department signature D
City Manager's signature
D
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing D
Incompiete submittal D
Missed deadline D
Other D
Reason:
Person contacted to pick up rejected request
by
on
(Date)
bg - 7/19/02
S:\Planning\Plannlng Templates\Agenda ItemCOVER CHECKLIST Aug 20-Nov 20, 2002.doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meetinl! Dates
Date Final Form Must be Turned Requested City Commission
in to City Clerk's Office Meetinl! Dates
Date Final Form Must be Turned
in to City Clerk's Office
C8J December 3, 2002
o December 17.2002
o January 7, 2003
D January 21, 2003
November 18,2002 (Noon) 0 February 4, 2003
December 2, 2002 (Noon) 0 February 18.2003
December 16, 2002 (Noon) D March 4, 2003
January 6,2003 (Noon.) D March IS,. 2003
January 21, 2003 (Noon)
February 3. 2003 (Noon)
February 18,2003 (Noon)
March 3, 2003 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
D Development Plans
D New Business
I2<:l Legal
D Unfinished Business
D Presentation
RECOMMENDATION: Please place this request on the December 3, 2002 City Commission Agenda under
Legal, Ordinance - First Reading. This rezoning corresponds with the proposed land use map amendment transmitted to the
State Department of Community Affairs on July 5,2002. On July 2,2002, the City Commission, with a 4-1 vote,
recommended it be approved.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
South Congress Residential (LUAR 02-002)
Kieran Kilday of Kilday & Associates, Inc.
Congress Industrial Park, L.L.c.
East Side of S. Congress A venue opposite Hunters Run PUD
Request the rezoning of the property from M-I Industrial to (PUD) Planned Unit
Development to coincide with the approval of the Site PlanlMaster Plan for the property.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
City Manager's Signature
?L~c.J ~~_
Planning and 20' rrector
S,IBULLETtN\FORMSIAGENDA ITEM REQUEST FORM,DOC
City Attorney I Finance I Human Resources
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests, Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form, Submit
original agenda request (with back up) and one CODY of aaenda reauest (with back UD) to the
City Clerk's office, Items must be submitted by the deadlines indicated below, Incomplete or
late items will be returned to originating department.
Requested City
Commission Meeting
Dates
[8JDecember 3 2002
DDecember 17 2002
DJanua 7, 2003
DJanua 21 2003
DFebrua 4 2003
DFebrua 18, 2003
March 4 2003
DMarch 18, 2003
Deadline for Submittal to City P & D/CRA Requests Deadline
Clerk's Office
-P&D
CRA
Departments are responsible for securing the following
si natures on attached A enda Re uest Form:
De artment Head
Wilfred Hawkins for de artments under Administrative Services
Finance De artment for items that involve ex enditure of funds
D
D
D
D
D
All back u material is attached
All exhibits are attached & marked e. . Exhibit "A'
No back-up - Ordinance supplied by Legal
jI~-----
Department Head's initials:
South Congress Residential (LUAR 02-002) Rezone 1st Reading Legal
Please do not write in the shaded area below.
Legal Department signature D
City Manager's signature
D
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing D
Incomplete submittal D
Missed deadline D
Other D
Reason:
Person contacted to pick up rejected request
by
bg - 7/19/02
S:\Planning\Planning TemplateslAgenda Item Cover CHeCKLIST form Dec 3-March 18, 2003,doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be: Turned Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to City Clerk's Office Meeting: Dates in to City Clerk's Office
I2$J December 3, 2002 November 18, 2002 (Noon) 0 February 4, 2003 January 21, 2003 (Noon)
0 December 17, 2002 December 2, 2002 (Noon) 0 February 18.2003 February 3. 2003 (Noon)
0 January 7, 2003 December 16, 2002 (Noon) 0 March 4, 2003 February 18, 2003 (Noon)
0 January 21,2003 January 6. 2003 (Noon.) 0 March 18,. 2003 March 3, Z003 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing I2$J Legal
0 Bids 0 Unftnished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the December 3, 2002 City Comntission Agenda under
Legal, Ordinance - Second Reading. The City Comntission with a 4 to I vote, recommended that the subject request be
approved under First Reading on November 19,2002.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
South Congress Residential (LUAR 02-002)
Kieran Kilday of Kilday & Associates, Inc. .
Congress Industrial Park, L.L.c.
East Side of S. Congress A venue opposite Hunters Run PUD
Request to Amend the Comprehensive Plan Future Land Use Map for a 32.1-
acre tract from Industrial (I) to High Density Residential (HDR). The
companion rezoning of the property from M -I Industrial to PUD Planned Unit
Development will be placed on First Reading on the December 3, 2002 agenda
to coincide with approval of the Site Plan! Master Plan for the property.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES'
City Manager's Signature
?f....,/~ 7A' ~
Planning and Zoning il tor
City Attorney / Finance / Human Resources
S:\PJanning\SHARED\WP\PROJECTSVefferson@Boynton\LUAR\Agenda Item Request South Congress LUAR02-o02 12~3-o2.dot
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC
.,
ORDINA.c"lCE NO. 02- C bO
\
l
A.c"l ORDINANCE OF THE CITY OF BOYNTON BEACH.
FLORIDA, REGARDING PROPERTY LOCATED ON
THE EAST SIDE OF CONGRESS A VENtrE, ADJACENT
TO THE CITY LIMITS; AMENDING ORDINANCE 89-38
BY AMENDING THE FUT1JRE LAND USE ELEMENT
OF THE COMPREHENSIVE PLA.c"l OF THE CITY BY
ADOPTING THE PROPER LAL'ID USE OF PROPERTY
MORE PARTICULARLY DESCRIBED HEREINAFTER;
SAID LAND USE DESIGNATION IS BEING CHANGED
FROM INDUSTRIAL TO HIGH DENSITY RESIDENTIAL
(HDR); PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
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WHEREAS, the City Commission of the City of Boynton Beach, Florida has
dopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use
lement by Ordinance No. 89-38 in accordance with the Local Government Comprehensive
lanning Act; and
WHEREAS, the procedure for amendment of a Future Land Use Element of a
omprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
WHEREAS, after public hearing and study, the City Commission deems it in the
est interest of the inhabitants of said City to amend the aforesaid Element of the C
omprehensive Plan as adopted by the City herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
ITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I: Ordinance No. 89-38 of the City is hereby amended to reflect the
ollowing:
That the Future Land Use of the following described land shall be designated as HDR
High Density Residential). Said land is more particularly described as follows:
A parcel of land in a portion of the Southwest one-quarter (SW 1/4) of Section 5,
Township 46 South, Range 43 East, Palm Beach County, Florida, being more particularly
described as follows: commencing at the Southwest comer of said Section 5; thence run
North (the west line of Section 5 is assumed to bear North-South and all other bearings
are relative thereof) along the West line of Said Section 5, a distance of 110.00 feet to a
point; thence run South 89 degrees 48 minutes 45 seconds East, a distance of53.00 feet
to a point in the East right-of-way line of Congress Avenue and the Point of Beginning of
the herein described parcel; thence continue on the preceding described course, a distance
of 1460.21 feet to a point in the Westerly right-of-way line of The Seaboard Coast Line
I
LI
I
,\O\OroiinanC'..\PlatUli.ng\t..Ad tJ..\Soueh C'ongr.'. LAnd lJ.e - lllJ01.dDc'
Railroad; the.._e run North 18 degrees 21 minutes 59 seconds East, along said Westerly
right-of-way line, a distance of 607.01 feet; thence North 89 degrees 58 minutes 02
seconds West, a distance of 891.35 feet; thence North 0 degrees 0 I minutes 58 seconds
East, a distance of390.75 feet; thence North 48 degrees 35 mmutes 55 seconds West, a
distance of 407.05 feet; thence North, a distance of232.00 feet; thence West, a distance
of 455.00 feet, more or less, to the said Easterly right-of-way line of Congress Avenue;
thence South along said right-of-way line, a distance of 1463.76 feet to the Point of
Beginning. Said parcel subject to the following:
LESS A.c"ID EXCEPT:
,
A right-of-way over the Westerly 80 feet of the Easterly 190 feet (as measured at right
angles to) thereo f for the Lake Worth Drainage District Canal No. E-3 1/2, as recorded in
Official Records Book 1803, Page 254, of the Public Records of Palm Beach County,
Florida.
FURTHER LESS AND EXCEPT right-of-way for Congress Avenue conveyed to Palm
Beach County by Deed recorded in Official Records Book 5430, Page 1725, and as
described in Order of Taking recorded in Official records Book 7322, Page 262, of the
Public Records of Palm Beach County, Florida.
SUBJECT TO:
A right-of-way for the Lake Worth Drainage District Lateral Canal L-30 conveyed to the
Lake Worth Drainage District by deed recorded in Official Records Book 6495, Page 76l
of the Public Records of Palm Beach County, Florida.
An easement over the Easterly 110 feet (as measured at right angles to) thereof for
Florida Power & Light Company as recorded in Official Records Book 602, Page 623,
dated February 24, 1961.
(PCN 08-43-46-05-00-000-7011)
Section 2: That any maps adopted in accordance with the Future Land Use Element shall
be amended accordingly.
Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereofbe
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 5: This Ordinance shall become effective 31 days after adoption, unless
challenged. If challenged, it becomes effective upon the issuance of a final order finding it m
compliance.
FIRST READING this Iq day of ~Ol/en\ k.t' ,2002.
5 \CA\Ordi~ce.\~lannln9\L&nd U..\Sou~D Congre.. Land U.. . 111~Q4.dce
SECOND, r ,,'AL READING and PASSAGE this _ day of , 2002.
CITY OF BOYNTON BEACH. FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
TTEST:
ity Clerk
Corporate Seal)
,\CA\Ord1nanc..\Planning\Land U'.\South Congr... ~ U.. - lllJO].doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to City Clerk's Office Meetine: Dates in to City Clerk's Office
0 December 3, 2002 November 18,2002 (Noon) 0 February 4, 2003 January 21, 2003 (Noon)
[2J December 17, 2002 December 2, 2002 (Noon) 0 February 18, 2003 February 3, 2003 (Noon)
0 January 7, 2003 December 16,2002 (Noon) 0 March 4, 2003 February 18. 2003 (Noon)
0 January 21, 2003 January 6, 2003 (Noon.) 0 March 18,. 2003 March 3, 2003 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing [2J Legal
0 Bids 0 Unfmished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the December 17, 2002 City Commission Agenda under
Legal, Ordinance - Second Reading. This rezoning corresponds with the proposed land use map amendment transmitted to
the State Department of Community Affairs on July 5, 2002. The City Commission, with a 4 to I vote, recommended it be
approved on First Reading at the December 3, 2002 Commission meeting.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
South Congress Residential (LUAR 02-002)
Kieran Kilday of Kilday & Associates, Inc.
Congress Industrial Park, L.L.C.
East Side of S. Congress A venue opposite Hunters Run PUD
Request the rezoning of the property from M-l Industrial to (PUD) Planned Unit
Development to coincide with the approval of the Site Plan/Master Plan for the property.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATI
City Manager's Signature
~!J~ni~or
City Attorney I Finance I Human Resources
S:\Planning\SHARED\WP\PROJECTSVefferson @Boynton\LUAR\AgendaItem Request South Congress Resid. Rezone-Legal 2nd reading 12-17-Q2.dot
S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form, Submit
original agenda request (with back up) and one CODY of aaenda reauest (with back UD) to the
City Clerk's office, Items must be submitted by the deadlines indicated below, Incomplete or
late items will be returned to originating department.
Requested City
Commission Meeting
Dates
L,Oecember 3, 2002
~December 17 2002
DJanua 7,2003
DJanua 21 2003
DFebrua 4 2003
DFebrua 18, 2003
DMarch 4 2003
March 18 2003
Deadline for Submittal to City P &. D/CRA Requests Deadline
Clerk's Office
-P&D
CRA
Departments are responsible for securing the following
si natures on attached A end a Re uest Form:
De artment Head
Wilfred Hawkins for de artments under Administrative Services
Finance De artment for items that involve ex enditure of funds
All back u material is attached
All exhibits are attached & marked e, . Exhibit "A'
No back-up - Ordinance supplied by Legal
vf?---
Department Head's initials: ["'\
South Congress Residential (LUAR 02-002) Rezoning 2nd reading
Please do not write in the shaded area below.
Legal Department signature 0
City Manager's signature
o
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing 0
Incomplete submittal 0
Missed deadline 0
Other 0
Reason:
Person contacted to pick up rejected request
by
bg - 7/19/02
S:\Planning\Planning Templates\Agenda Item Cover CHECKUST form Dee 3-Mareh 1B, 2003.doe
on
(Date)
..~;
t'ON 0
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final FOml Must be Turned Requested City Commission Date Final Form Must be Turned
Meetine Dates in to City Clerk's Office MeetinlZOates in to City Clerk's Office
0 December 3. 2002 November 18, 2002 (Noon) 0 February 4, 2003 January 21. 2003 (Noon)
0 December 17. 2002 December 2. 2002 (Noon) f 0 February 18, 2003 February J, 2003 (Noon)
0 January 7, 2003 December 16,2002 (Noon) 0 March 4, 2003 February 18,2003 (Noon)
~ January 21. 2003 January 6, 2003 (Noon.) 0 March IB,. 2003 March 3, 2003 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing ~ Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the January 21,2003 City Connnission Agenda under
Legal, Ordinance - Second Reading. The City Connnission on December 3,2002 recommended approval on the First
Reading.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
So nth Congress Residential (LUAR 02-002
Kieran Kilday of Kilday & Associates, Inc.
Congress Industrial Park, L.L.C.
East Side of South Congress Avenue opposite Hunters Run PUD
Request the rezoning of the property from M-l Industrial to (PUD) Planned Unit
Development to coincide with the approval of the Site PlanlMaster Plan for the property.
A companion Future Land Use Map amendment from Industrial (I) to High Density
Residential (HDR) was adopted on December 3, 2002.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
City Manager's Signature
Development De artment Director
\.J AI
u.S;,4.t1dt'lJ
Planning and 20 .
/IrlIK( ,ev,.,ff
City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS'Jefferson @ Boynton\LUAR\Agenda Item Request Jefferson@Boynton S.Congress LUAR 02-002 1-21 ~03.dot
S,IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests, Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of aaenda reauest (with back UD) to the
City Clerk's office, Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Requested City
Commission Meeting
Dates
December 3, 2002
December 17 2002
DJanua 7, 2003
Janua 21 2003
Februa 4 2003
DFebrua 18 2003
March 4 2003
March 18 2003
Deadline for Submittal to City P & D/CRA Requests Deadline
Clerk's Office
-P&D
CRA
Departments are responsible for securing the following
si natures on attached A enda Ruest Form:
De artment Head
Wilfred Hawkins for de artments under Administrative Services
Finance De artment for items that involve ex enditure of funds
All back u material is attached
All exhibits are attached & marked
Ordinance supplied by Leg
Department Head's initials:
South Con ress Residen .
Please do not write in the shaded area below.
Legal Department signature 0
City Manager's signature
o
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing 0
Incomplete submittal 0
Missed deadline 0
Other 0
Reason:
Person contacted to pick up rejected request
by
bg - 7/19/02
S:\Plannin9\Planning remplateslAgenda Item Cover CHECKLIST form Dee 3-March 1B, 2003.doc
(Date)
on
6.A.l
SOUTH CONGRESS RESIDENTIAL
(LUAR 02-002)
..
LAND USE PLAN
AMENDMENT/REZONING
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 02-125
TO:
Chairman and Members
Planning and Development B~V
Dick Hudson, Senior Planner JJ tJ
Michael W. RumpfM~
Director of Planning and Zoning
FROM:
THROUGH:
DATE:
June 17,2002
Project! Applicant:
Agent:
PROJECT DESCRIPTION
South Congress Residentiall JPI
Kilday & Associates, Iric./Kieran Kilday
Owner:
Congress Iridustrial Park, LLC
Location:
East side of South Congress Avenue adjacent to south city limits (Attachment A)
FileNo:
Land Use Amendment/Rezoning (LUAR 02-002)
Property Description: Vacant property consisting of :t32.159 acres, classified Iridustrial (I) and zoned M-I
(Iridustrial) PCN 08-43-46-05-000-00-70 II
Proposed change/use: To reclassify the subject property from Iridustrial (I) to High Density Residential
(HDR), and rezone from M-I (Iridustrial) to Planned Unit Development (PUD) in order
to construct a rental apartment complex with a maximum of 347 units.
Adjacent Land Uses and Zoning:
North: Developed property designated Industrial (I) and zoned M-I (Light Iridustrial).
South: Right-of-way of the Lake Worth Drainage District Lateral (L-30) Canal then property utilized as the
South County Regional Waste Water Treatment Facility lying within the City of Delray Beach
designated Community Facilities-Public Buildings (CF-P) and zoned Community Facility (CF).
East: Rights-of-way of the Seaboard Coastline Railroad (CSX) and Interstate 95, then developed property
lying within unincorporated Palm Beach County designated Industrial (IND) and zoned Light
Industrial (Ll).
West: Right -of-way of South Congress Avenue then developed residential property (Hunters Run)
designated Low Density Residential (LDR) at a maximum density of 4.84 dwelling units per acre and
zoned Planned Unit Development (PUD) with a Land Use Iritensity of 3.3.
PROJECT ANALYSIS
The subject property is greater than 10 acres; therefore it is being reviewed as a large scale Future Land Use
Map Amendment in the City's first round of Comprehensive Plan amendments for the year 2002. Chapter 163,
Florida Statutes, limits large-scale amendments to two adoptions each year. Upon approval of the land use map
amendment by the City Commission, the City Commission will transmit the amendment to the Florida
Page 2
File Number: LUAR 02-002
South Congress Residential
Department of Community Affairs for review and comments prior to holding an adoption hearing, which is
tentatively scheduled for late November 2002.
The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9,
Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are
required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive
Plan Future Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies
including but not limited to, a prohibition against any increase in dwelling unit density exceeding
50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency
Planning Division and the City's risk manager. The planning department shall also recommend
limitations or requirements, which would have to be imposed on subsequent development of the
property, in order to compZv with policies contained in the comprehensive plan.
The limitations placed on density increases in the hurricane evacuation zone are not applicable in this instance
since the property is located well west of the area covered by the hurricane evacuation zone. There are,
however, policies contained within the Comprehensive Plan that deal directly with lands designated "Industrial"
on the Future Land Use Map.
Policy 1.19.2 in the Future Land Use Element reads:
"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 fillure residents.
provide goods and services of regional importance, and retain regional fiscal and economic
significance. "
Policy 1.19.4 in the Future Land Use Element reads:
"The City shall continue to encourage and enforce the development of industrial land as industrial
parks or concentrated industrial areas in order to maximize the linkage between complementary
industries. "
With respect to the first of these policies (1.19.2), the requested amendment would convert lands currently
designated "Industrial" to uses that would not generate employment choices for current and future residents
beyond the opportunity for temporary employment in the construction of the proposed multi-family units or
perhaps "spin-off' jobs in the service sector.
The applicant opines that the methodology utilized in the Comprehensive Plan to project the amount of land
needed for industrial employment is not a "most effective means to determine the demand for industrial space"
and cites the 1999 "Commercial Needs Assessment" prepared by Palm Beach County as a more effective
methodology. Yet, an examination of that report's comparison table for projected demand to the built and
unbuilt supply of industrial space indicates that the sectors including the city and adjacent areas are projected to
have a rather large deficit of industrial space (see Attachment B). The conversion of industrial land to
residential use would not provide goods and services of regional importance or retain regional fiscal and
economic significance, as required by the cited policy. It would also be contrary to preliminary findings and
recommendations of the "South Congress Avenue (M-I) Study", which is scheduled for presentation to the City
Commission on July 2, 2002.
With respect to the second cited policy (1.19.4), the industrial area where the subject parcel is located is not an
industrial park. It is, however, located in a concentrated, well-defined area that does provide opportunities to
maximize linkages between complementary industries. The conversion of the subject parcel from Industrial to
High Density Residential would not only diminish the strong definition the area now has, but also serve to
reduce the existing opportunities for linkages between industrial uses.
Page 3
File Number: LUAR 02-002
South Congress Residential
b. Whether the proposed rezoning would be contrary to the established land use pattern. or would
create an isolated district unrelated to adjacent and nearby districts. or would constitute a grant of
special privilege to an individual propertv owner as contrasted with the protection of the public
welfare.
The proposed rezoning would create an isolated district that would be contrary to the established land use
pattem on the east side of Congress Avenue; a pattern that begins at the Lake Worth Drainage District Lateral
(L-28) Canal, north of the subject property, and continues southward through the City of Delray Beach to the
area of Boca Raton where Congress Avenue intersects with Yamato Road, a distance of more than fifteen (15)
miles. While a residential designation on this property might, in some way, relate to the residential designations
on the west side of Congress Avenue, the requested density of 10.8 units per acre, as opposed to the maximum
4.84 units per acre density on the Hunters Run development would not.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The recently released Development Atlas of Bovnton Beach. Florida documents a noticeable increase, both in
the number of renter-occupied housing units and in the construction oflarge rental apartment projects (over 100
units). During the period 1991- 2000, the city permitted 3,277 multifamily units compared to 2,468 single-
family (detached) units. Most of the multifamily units were apartments. This trend is echoed in Palm Beach
County as a whole, though not to the extent shown in Boynton Beach. At present, there are over 1,000
multifamily units in large development projects under construction in the City or just entering the lease-up
market.
Staff supports additional multifamily units in the Federal Highway Corridor Redevelopment Area, in and near
the Central Business District, where multifamily units will provide stronger jobs-housing-services linkages,
promote revitalization of the commercial center of the city, and encourage increased opportunities for use of
transportation alternatives to the automobile.
d. Whether the proposed use would be compatible with utility systems, roadways. and other public
facilities.
Under the proposed use, the demands for water and sewer services would increase slightly; however, the
increases would not place any unanticipated demands on the service capacities. The Palm Beach County Traffic
Division has reviewed the traffic study submitted for the proposed project and determined that it meets the
Traffic Performance Standards of Palm Beach County. The Division also noted that it would require, as a
condition of the permit, that the apartment complex access align with the existing traffic signal at the full median
opening (Summit Drive).
With respect to solid waste, the Solid Waste Authority has stated in a letter dated December 18, 2001, that
adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period.
Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must
satisfY all requirements of the city and local drainage permitting authorities, which include the South Florida
Water Management District and the Lake Worth Drainage District.
According to the Development Atlas of Bovnton Beach, Florida, "Nationally, studies have shown that residential
uses have a net fiscal impact on municipal budgets. even though the property tax per acre may be higherfor
residential uses than commercial and industrial uses. This means that the revenues brought by residential uses
tend to be lower than the incurred expenditures in terms of municipal services. "
e. Whether the proposed rezoning would be compatible with the current andfuture use of adjacent
and nearby properties, or would affect the property values of adjacent or nearby properties.
Page 4
File Number: LUAR 02-002
South Congress Residential
Several policies in the Future Land Use Element address the amelioration of the incompatibilities between
residential uses and industrial uses, requiring both buffer walls and vegetative screening when the two uses abut
(1.1 0.1), distance separations (1.10.3 and 1.1 0.4) and even addressing the amortization of existing industrial
uses in residential areas (1.10.2). It is therefore assumed that the proposed land use amendment and rezoning
would generally be considered incompatible with the existing and future uses of adjacent and developed
properties.
f Whether the propertv is physicallv and economically developable under the existing zoning.
The property is physically and economically developable under existing zoning.
g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the
neighborhood and the city as a whole.
The proposed land use amendment and rezoning do not relate to the needs of the either the neighborhood or the
City as a whole. There are recent indications that the rental apartment market is slowing due to the fact that the
rate of supply is exceeding the absorption rate. The increase in vacancy rates has caused some concern that we
may be overbuilding.
h. Whether there are adequate sites elsewhere in the city for the proposed use. in districts where such
use is already allowed.
The amount of vacant lands within the City designated for residential uses would support the development of
1,758 units at their presently assigned densities. Ofthis land, only a very small portion (mostly vacant remnants
of property in high density residential developments) is designated High Density Residential. The most
prominent area where High Density Residential development is expected and should be encouraged is in the
Federal Highway Corridor Redevelopment Area near the Central Business District, where multifamily units will
provide support for revitalization of the commercial center of the city.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is not consistent with the intent of the Comprehensive Plan or the preliminary
finding and recommendations of the "South Congress Avenue (M-I) Study". While the amendment will not
create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan, it will not
be compatible with adjacent land uses or existing development. Moreover, while multifamily rental
developments are taxed at a commercial real estate rate, increased expenditures for public safety services (Fire-
Rescue and Police) that accompany high density residential developments may offset increased revenues and
actually result in a net fiscal loss for the City. Therefore, staff recommends that the subject request be denied.
ATTACHMENTS
J:\SHRDAT AIPlanninglSHAREDI WPIPROJfCTS\South Congress ReSIdential LUAR\stalTreport_dnc
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