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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet .!IlYB 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 uDl 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 A ril 7 2004 A ril 20 2004 Ma 4 2004 Ma 18 2004 June 1 2004 June 15 2004 Jul 6 2004 Jul 20 2004 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 e. . Exhibit "A' Department Head's initials: ~ Renaissance Commons CDRIA 03-001) 2nd Reading [8] [8] Please do not write in the shaded area below. Legal Department signature 0 Person contacted to pick up rejected request by bg - 7/19/02 S:\Planning\Planning Tempiates\Agenda Item Cover Checklist April 6 - July 20, 2004.doc on EDate) ,/"./\, .cr ( .,. ......". II r/ " ~I \;/ r !~ ~ '1>. . 'b,t.W-t-. o~~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Meetimr Dates in to City Clerk's Office Meetin2 Dates ~ April 7, 2004 March 15, 2004 (Noon.) 0 June I, 2004 0 April 20, 2004 April 5,2004 (Noon) 0 June 15.2004 0 May 4. 2004 April 19, 2004 (Noon) 0 July 6, 2004 0 May 18, 2004 May 3, 2004 (Noon) 0 July 20. 2004 Date Final Form Must be Turned in to City Clerk's Office May 17, 2004 (Noon) May 31, 2004 (Noon) June 14, 2004 (Noon) July 5. 2004 (Noon) 0 Administrative ~ Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda 0 Public Hearing 0 Code compliancelLegal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the April 7, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission unanimously approved this request under Public Hearing, and Legal, Ordinance - First Reading on March 16, 2004. Please note that the ordinance has been revised to reflect the current supportive position of the Regional Planning Council, which was received following First Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-042. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Renaissance Commons (DRIA 03-001) Kim Glas-Castro, AICP, Ruden McClosky Compson Associates of Boynton II, LLC Congress A venue south of Gateway Boulevard Request for Development of Regional Impact Amendment (DRIA) approval amending the approved uses within the project, establishing a use conversion matrix and changing the name of the DR! project from Motorola to Renaissance Commons. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: City Manager's Signature ~/)U -b Planning and Zo~lfector City Attorney I Finance I Hwnan Resources S:\PlanninglSHAREDI WPIPROJECTSlRenaissance C<>mmonslDRIA 03'{)011Agenda Item Request Renaissance Commons DRIA 03-(01) 4-{;-04.dot S:\BUllETINlFORMSIAGENDA ITEM REQUEST FORM.DOC t CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Connnission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetine Dates in to City Clerk's Office Meetine Dates in to City Clerk's Office D April 7,2004 March 15,2004 (Noon.) D June 1,2004 May 17, 2004 (Noon) D April 20,2004 AprilS, 2004 (Noon) D June 15, 2004 May 31, 2004 (Noon) D May 4, 2004 April 19. 2004 (Noon) IZI July 6. 2004 June 14, 2004 (Noon) D May 18, 2004 May 3. 2004 (Noon) D July 20. 2004 July 5, 2004 (Noon) D Administrative IZI Legal NATURE OF D Announcement D New Bnsiness AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda 0 Public Hearing 0 Code compliancelLegal Settlements 0 Unfinished Bnsiness RECOMMENDATION: Please place this request on the July 6, 2004 City Connnission Agenda under Legal, Ordinance - Second Reading. The City Conunission unanimonsly approved this request under Public Hearing and Legal, Ordinance - First Reading on March 16,2004. The corresponding item has returned from the Florida Department of Connnunity Affairs (DCA) and is now ready for ordinance processing. For further details pertaining to the request, see attached Department of Development Mernorandwn No. PZ 04-042. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Renaissance Commons (DRIA 03-001) Kim Glas-Castro, AIVP, Ruden McClosky Compson Associates of Boynton II, LLC Congress Avenue south of Gateway Boulevard Request for Development of Regional Impact Amendment (DRIA) approval amending the approved uses within the project, establishing a nse conversion matrix and changing the name of the DRIA project from Motorola to Renaissance Connnons. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A City Manager's Signature 7LJ ~_ Planning and nin Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Renaissance Conunons\DRIA 03-QOl\Agenda Item Request Renaissance Commons DRIA 03-001 7-6-04.dot S:\8ULLETlNIFORMSIAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetini! Dates in to City Clerk's Office Meetinl!Dates in to City Clerk's Office 0 April 7. 2004 March 15, 2004 (Noon.) 0 June 1,2004 May 17, 2004 (Noon) 0 April 20, 2004 AprilS. 2004 (Noon) 0 June 15,2004 May 31, 2004 (Noon) 0 May 4. 2004 April 19, 2004 (Noon) 0 July 6, 2004 June 14, 2004 (Noon) 0 May 18,2004 May 3, 2004 (Noon) IZJ July 20, 2004 July S, 2004 (Noon) 0 Administrative IZJ Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission unanimously approved this request under Public Hearing and Legal, Ordinance - First Reading on March 16, 2004. The corresponding item has returned from the Florida Department of Community Affairs (DCA) and is now ready for ordinance processing. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-042. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Renaissance Commons (DRIA 03-001) Kim Glas-Castro, AIVP, Ruden McClosky Compson Associates of Boynton n, LLC Congress A venue south of Gateway Boulevard Request for Development of Regional Impact Amendment (DRlA) approval amending the approved uses within the project, establishing a use conversion matrix and changing the name of the DRlA project from Motorola to Renaissance Commons. PROGRAM IMPACT: FISCAL IMPACT: N/A N/A ALTERNA~~;f Develop nt ep ent Director City Manager's Signature J....V {A-.L Planning and Zo~ Director City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\PROJECTS\Renaissance Cornmons\DRIA 03-GOl\Agenda Item Request Renaissance Commons 2nd readingDRIA 03-001 7-20- 04.dot S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 04-042 TO: Chairman and Members Planning and Development Board THROUGH: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner February 17, 2004 (Amended) March 23, 2004 DATE: SUBJECT: Renaissance Commons (fka Motorola) - DRIA 03-001/MPMD 03-002 NOPC Amendment #2 NATURE OF REQUEST Renaissance Commons (fka Motorola) is a partially built-out Development of Regional Impact (DRI) comprised of 87.4 - acres, zoned Planned Industrial Development (PID) and Community Commercial (C-3). It is located on the southeast comer of Gateway Boulevard and Congress Avenue (See attached Exhibit "A" - Location Map). The applicant, Compson Associates of Boynton II, LLC, is requesting a second amendment to the Motorola DRI Development Order (D.O.) adopted January 7, 1980 by Ordinance No. 79-36. Amendment #2 proposes to change the Motorola DRI entitlements by the conversion of 500 multi-family residential units, 63,500 square feet of commercial space, 450,000 square feet of office space and 128,000 square feet of warehouse space to a mix of uses, including 1,551 multi-family residential units, 213,000 square feet of commercial space and 247,800 square feet of office use. The request also proposes to change the name of the DRI from Motorola to Renaissance Commons. There are no changes proposed to the DRI phasing, commencement date or build-out date of 2010, and no lands are being added to the DRI boundaries (see attached Exhibit "B" - Substantial Deviation Determination Chart). BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost govemed by Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a Notice of Proposed Change (NOPC) in accordance with the statutory requirements. The Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (TCRPC) and the City review the NOPC. The DCA and the TCRPC review the proposed NOPC and provide comments following the procedures outlined in Chapter 380.06 (19). The Regional Planning Council has verbally expressed little concem over this NOPC, as they have had several meetings with the applicant and understand the project is a mixed-use concept, closely following that of NOPC #1 which they reviewed in 2002, and that they do not intend to formally respond in writing. The adopting Ordinance has been amended and updated to reflect that the TCRPC has no comments on NOPC #2 and that a written response will not be Motorola - DRIA 03-001IMPMD 03-002 Memorandum No. PZ 04-042 forthcoming. The major changes involve a transfer of allotted square footages between the approved uses and a use conversion matrix which allows up to a thirty (30)% change In Intensity, while remaining within the approved average daily trips (ADT) and peak hour trips approved with the original DRI. A letter from the Florida Department of Transportation (FOOT) was forwarded to the TCRPC delineating their concems with the traffic methodology utilized by the applicant. These Issues are discussed below In the section entitled "Regional Impacts". The traffic consultant for Renaissance Commons has prepared a response to FOOT comments. As of this staff report, FOOT has not had ample time to respond to the new data. Additionally, several conversations have been conducted with DCA. They have Indicated that they have no objection to the proposed change, but will subsequently be reviewing the associated Comprehensive Plan amendments for consistency, once received. The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review by the Planning and Development Board of an amendment to a DR!. Chapter 380.06 F.S. requires that the local goveming body hold a public hearing to review and approve the NOPC. The City Commission is required to detennlne whether the proposed change to the Motorola DRlls or is not a substantial deviation as defined In Chapter 380.06 (19). If It Is detennlned that the requested change Is a substantial deviation then further review will be required pursuant to the statutory requirements. If the City Commission detennines that the proposed change is not a substantial deviation, they may take action to approve or deny the requested change. The original DRI Development Order adopted a Three-Phase Master Plan (see Exhibit "C" - Motorola Conceptual, Master Plan ADA 1979). The first amendment to the DRI was approved by the City Commission on December 17, 2002, converting the Motorola entitlements from 825,000 square feet of Industrial and office use to 500 multi-family residential units, 63,500 square feet of commercial space, 450,000 square feet of office space and 128,000 square feet of warehouse space. The review of the DRI amendment also constitutes a review of the changes to the Master Plan for Motorola. In addition to the state statutes, staff has reviewed the Master Plan in accordance with Land Development Regulations Chapter 2, Section 7, Planned Industrial Development and Chapter 3, Master Plan Approval. First review comments were generated and the Technical Review Committee (TRC) reviewed the Master Plan changes on January 27, 2004. ANALYSIS Notice of ProDosed Chanae (NOPC) - Substantial Deviation The criteria for detennining if a proposed change to a DRlls a substantial deviation are outlined in Chapter 380.06 (19). In reviewing the statute section staff detennined that one of the criteria apply to the proposed changes to the Motorola DR!. These criteria, which are applicable for review of the proposed changes is provided in Chapter 380.06(19)(e)5., which states: "The following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence". Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous Increases and decreases of at least two of the uses within an authorized multi-use development of regional Impact which was originally approved with more than three uses specified In 380.0651(3){c), (d), (f) and (g) and residential use. 2 , Motorola - DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 As part of the NOPC application, the applicant is to complete a "Substantial Deviation Determination Chart". The applicant has provided an updated chart (see Exhibit "B"). Amendment #2 Involves changes to all of the use categories approved in Amendment #1: residential, commercial, office, and warehouse (storage & distribution). This proposal will eliminate the warehouse component while adding 1,001 multi-family residential units, adding 149,500 square feet of commercial while simultaneously reducing the office component by 202,200 square feet. The proposed Increases and decreases in square footages are presumed to maintain the vested traffic generation level of 13,020 average daily trips (ADT). Conclusion The proposed changes delineated In Amendment #2 are presumed to be a substantial deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the Substantial Deviation Determination Chart and a traffic study for review. Palm Beach County Traffic Engineering determined In a December 30, 2003 letter that NOPC #2 is projected to generate less peak hour trips than what was previously approved, and therefore meets the Traffic Performance Standards of Palm Beach County. Master Plan Modification This is the second amendment proposed for the Motorola DRI adopted in early 1980. The Florida Statute govemlng the DRI process, Chapter 380.06(19), provides for and anticipates amendments stating "There are a variety of reasons why a developer may wish to propose changes to an approved development of regional impact, including changed market conditions". These changing market conditions are evident in the history of this DRI, which was planned and developed by Motorola for their exciusive use. Motorola began scaling back its operations at the existing facility In 2001. In October of 2002, Motorola sold the property, and it has since been purchased by the current applicant. The Motorola site is zoned Planned Industrial Development (PID) and Community Commercial (C-3). The applicant proposes to create 41.24 acres of Mixed Use designation and 45.74 acres of Multi-family residential. The Mixed Use is proposed along the Congress Avenue corridor, wrapping around the comer along the Gateway Boulevard corridor and southward through the center of the development. The Multi-family residential development is proposed along the Lake Worth Drainage District (LWDD) E-4 Canal and the Boynton Canal (C-16), as well as between the Mixed Use along Congress Avenue and the Mixed Use running through the heart of the development. Two additional access points are proposed along Congress Avenue (see Exhibit "D" - Renaissance Commons (fka Motorola) DRI NOPC #2 Master Development Plan). Impacts The proposed changes to the Master Plan were analyzed from two perspectives. The first is the potential for creating additional regional or local impacts. The seconq Is the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City through th~ Comprehensive Plan, Land Development Regulations and other applicable studies such as the Visions 20/20 plan. 3 Motorola - DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 Realonal A development has gone through the DRI process because the projected impacts are considered regional In nature. Any change to that development must be analyzed to determine if the changes proposed create additional impacts above and beyond what was originally identified and mitigated. In the case of the Motorola DRI the major Issue Is whether there will be an Increase In traffic beyond what was originally approved (13,020 average daily trips and 1,634 peak hour trips) resulting from the requested land use changes. The applicant prepared a traffic study that was transmitted to the Palm Beach County Traffic Division for their customary review and approval regarding concurrency. The County formally responded to the study in writing, Indicating compliance with the Traffic Performance Standards of Palm Beach County. As mentioned earlier, FOOT has indicated that the traffic analysis submitted for the NOPC was insufficient In the areas of trip distribution, calculation of pass-by trip reduction, ciarificatlon of the residential component of the conversion matrix and Intersection & driveway analyses. The applicanfs traffic consultant has prepared the Information and gathered the data requested by FOOT and forwarded It to each review body. All agencies will review the new information and proVide comments as soon as possible. Local The focus of the substantial deviation determination is regional impacts. The development order for the DRI is a local order and the approval of any requested change is within the jurisdiction of the City. As such, the CIty's main focus is local issues and Impacts. Typical areas identified for review regarding potential local impacts are discussed below: Traffic - The traffic study methodology is a local concem as well. Palm Beach County has determined there are no additional local Impacts associated with NOPC #2. The Master Plan proposes two additional entrances on Congress Avenue. Permits from Palm Beach County are required for these entrances. Tuming movements and signalization issues will be evaluated and addressed at the site plan stage. Utilities - Based on the original Motorola Application for Development Approval the DRI is vested for 127,000 gallons per day (gpd) for both water and sewer. The City projected demand for the proposed development in NOPC #1 at 294,215 gpd for water and 255,865 gpd for sewer. This calculation Is based on the formula In Chapter 26 of the Code of Ordinances. For NOPC #2, demand is projected to be 674,967 gpd for water and 560,193 gpd for sewer. Due to the magnitude of the increase above the prior approval, the Utilities Department Is requiring that an evaluation of the off-site water and sewer service be conducted by the City at the applicant's expense. Any required improvements to the water and sewer systems and related levels of service will be bome by the developer. Additionally, the Utilities Department is continuing to refine the conversion matrix figures for each use proposed by the applicant and will have the final say on the exact numbers for each. These recommendations are addressed in Exhibit "E" - Conditions of Approval. 4 Motorola - DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 Drainaae - Drainage will also be reviewed In detail as part of the site plan approvals, and must satisfy all requirements of the city and local drainage permitting authorities. The applicant submitted a copy of the current South Florida Water Management permit for the existing site. This permit will require modification based on the proposed development plan for the site. Environmental - The CIty's Forester/Environmentalist Indicated in NOPC #1 that there were existing Burrowing Owl nests located on the Motorola property in the area of the proposed change. The applicant submitted a Migratory Bird Nest Removal Application with the State of Florida Fish and Wildlife Conservation Commission (FFWCC), as required, and a permit for Nest Burrow Removal was issued by the agency. A 100% site survey was conducted and three nest burrows were identified and excavated on January 14, 2004, in accordance with the permit. The City Is In receipt of the Final Report from the FFWCC Indicating that each of the burrows were determined to be "inactive", containing no eggs or flightless young. School Concurrencv - The NOPC includes a request for 1,551 dwelling units, an increase of 1,001 from NOPC #1. This requires concurrency approval from the School District of Palm Beach County. The applicant submitted a concurrency application to the School District and was approved for concurrency. A copy of the approval form was submitted to the Planning and Zoning DMslon. Parks and Recreation - Residential units are also subject to the city's park and recreation impact fee. The fee will be calculated based on the type of units constructed and will be due at the time the first building permit is Issued for the residential portion of the proposed development. The City required that the applicant provide a greenway/pathway easement along the LWDD E-4 Canal to the east and the Boynton Canal C-16 to the south when Phase I of the Renaissance Commons site plan was approved. Consistency and Compatibility with City Policies In order for the proposed development to go forward the land use and zoning are being simultaneously changed on the site. The applicant proposes to change the land use from Industrial (I) and Local Retail Commercial (LRC) to a new category, Development of Regional Impact (DRI) and change the zoning from Planned Industrial District (PID) and C-3 (Community Commercial) to a new category, Suburban Mixed Use (SMU). The applicable Comprehensive Plan poliCIes in support of the proposed amendment are: Objective 1.15 of the Future Land Use Element and ItS policies provide the basis for approval of mixed use development In the city, as follows: ''The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mlxed-use projects In locations which are appropriate, and utilize other Innovative methods of regulating land development" City staff is proposing an amendment to the Land Development Regulations for a Suburban Mixed Use zoning district, to be utilized for this and other similar-sized mixed-use projects that 5 Motorola - DRIA 03-0011MPMD 03-002 Memorandum No. PZ 04-042 will not be located In the City's adopted Community Redevelopment Area. In addition, the creation of a Development of Regional Impact land use classification, and the companion Comprehensive Plan text amendment, will provide site-specific ranges and intensities of uses allowed. Policy 1.19.2 provides the directions for re-cteslgnatlon of lands classified as "Industrial" on the Future Land Use Map: "The City shall provide continued effort to allow for Industrial acreage; however, that land designated "Industrial" on the currently adopted Future Land Use Map may be converted to commercial or residential designations If the conversion (I) would generate a range of employment choices for current and future residents, provide goods and services of regional Importance, or would provide opportunities for the City to meet Its long-range housing goals; and (II) Is based upon adequate data Including market analysis." The proposed development for the site Is consistent with the cited policy in that it will provide both commercial and residential development, is expected to generate employment opportunities and provide goods and services, as well as add to the range of housing opportunities in the City. The adoption of Motorola NOPC Amendment #2 Is conditioned upon the approval of the land use amendment and rezoning request (see Exhibit "E" - Conditions of Approval). Conclusion The only regional Issue of significance Is traffic. It is a significant issue on which both the Substantial Deviation detennlnation and concurrency approval are based. Palm Beach County Traffic Engineering has already detennlned NOPC #2 would comply with the Traffic Perfonnance Standards of Palm Beach County. Staff believes the additional data and analyses provided by the traffic consultant will help resolve any outstanding Issues. local impacts will be addressed In the Conditions of Approval for the NOPC #2. RECOMMENDATIONS Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has demonstrated by clear and convincing evidence that the proposed change Is not a substantial deviation requiring additional development of regional Impact review. Resolution of any traffic issues will be required to be resolved before any pennits will be Issued. Therefore, staff recommends approval of DRIA 03-001 subject to the Conditions of Approval attached in Exhibit "E-, Regarding the proposed modifications to the Motorola Master Plan staff recommends approval subject to the Conditions of Approval attached in Exhibit "E". 6 Motorola - DRIA 03-OO1/MPMO 03-002 Memorandum No. PZ 04-042 S:\PLANNING\SHAREO\WP\PROJECTS\Rena1aance CorrmonI (tkti MOTOROLA) ORf\DRI\STAFF REPORT DRIA 03-001.DOC 7 1 j ,r - ~ } EXHIBIT'S" TYPE OF LAND ~GE PROPOSED ORIGINAL PREVIOUS USE CATEGORY PLAN PLAN D.O, CHANGE Ie DATE OF CliANGE A~onlRecreation # Parking Spaces NA # Spectators # Seats Site locational changes Acreage, including . drsJnage, ROW, easements, etc. Extemal Vehicle Trips . D.O. Conditions ADA Representations AiIports Runway (lei1gth) NA Runway (strength) Tennin'" (gross square feet) # Parking Spaces # Oates I I Apron Area (gross square feet) WPB:164987:3 ( () EXHIB.IT "8" . Site locatioi1al change. Airport Acreage, including . . drainage, ROW, easementS', etc. , # External NA Vehicle Trips Airports (cont.) D.O. Condiii ms ADA I representations # Beds NA # Parking ~pa~s . Building (gross square feet) Site locational cluuiges Acreage, including drainage, ROW, Hospitals easements, etc. " ExternaI Vehicle Trips . D.O. conditions ADA representations wPB:16498713 ..' ) EXHIBIT "B~ A~age, o acres 10.3 acres-. lnclucllng . 87 acres (Ord. 02-061) . drainage, ;ROW, ~2/17/02 easements, etc. . # Parking SPaces o s.t: .. Building (gross .. could be 128,000 s.f. lutroduced Into 850,000 s.t (Ord. 02-061) square feet) mlxilcf.use 12/17/02 .1ndustrlaI ' devOloplD\!Dt via . utlH"'ltlon oiUse Convers.lon Matrix # Employees chemical storage (blUTelsand pounds) Site Iocational cluinges # Exte1'rn,Il vehicle trips Industrial (cent) D.O. Conditions ADA Mixed-Use Industrial Multiple Use representations Project Park Project Mining Operations Acreage mined (year) Water withdrawal (gal/day) Size of mine (acres),lncluding NA drainage, ROW, easements, etc. Site locational changes. WPB:164987:S ; , . EXHIBIT'S" r f# External vehicle . trips D.O. Condi1ions ADA representations Acreage, including 41.24 acres of o acres . 29.0 l\CI'C8 . drainage, RQ~, mixed-use (Ord. 02-061) eaSements, e1 . . 12/17102.' Building (grbss '747,800 s.f. o s.t. · . 450,000 i.f. square feet) , (Ord, 02-(61) . . 12/17102 Office ## Parking SPaces # Employees Site locational changes # EXternaJ vehicle trips D.O. Conditions '. · permitted ' . . . Office (cont.) ADA representations use within industrial use PetroleumlChemic81 Storage Capacity Storage (ban-els and/or pounds) '. Distance to NaVigable Waters (feet) Site locations changes wPBl164981:3 r", i ) f EXHIBIT OB' . ). Facility Acreage, Including NA drainage, ROW, easements, etc. #. External vehicle trips D.O. Conditions ADA representations - #. Boats, wet NA storage #. Boats, dry storage Dredge and fill (co. yds.) Petroleum storage .. (gals.) Site locational changes Ports (Marinas) Port Acreage, including drainage, ROW, easements, etc. #. BxtemaI vehicle trips I D.O. Conditions ~ I ADA , representations WPB:164987,3 ( , ") . . . EXHIBIT "B' 500 MF duos # Dwelllng units. 1551 MF du's 0 (Ont.02-o61) 12/17/02 Type of dwelling Multi-tiimny Multi-family NA . . (Otd. 02~061) units 12/17/02 # oflots Residential Acreage, ./ . 33 llCJ'eS including 45.74 acres 0 (Ont 02-061) . drainage, ROIN, 12/17/02 easements,. efC. Site locational changes # External vehicle trips :Q.O. Conditions Acreage, 29.0 aCres inclUding 41.24 acres of o acres (Ord. 02-961) drainage, ROW, mixed~use " 12117102 easements, etc. .. Floor Space 63;500 s,f (gross square 213,000 s.f. o s.t: (Ord. 02.-061) feet) 12/17/02 # Parking Spaces Wholesale, Retail, # Employees Service .. Site locational changes # External vehicle trips. I D.O. Conditions I ADA representations WPB:16498713 f (0, , I . . , EX,HIBlT "B' . # R~ta1 Units Floor space (gross square , feet) # Parking Places # Employees Site loca1ionaI JIoteJ/MoteI changes " Acreage, , . including NA draInage. ROW, easements, etc, # External vehicle 1rips D.O. Conditions ADA representations Acreage, including NA drainage, ROW, easements, etc. # Parking Spaces BUildings (gross 's4uare feet) R. V. Park # Employees Site lociationaI . changes - # External vehicle 1rips D.O. conditions ADA representations WP8:1 &49S7., t - ( I EXHIBIT "Sft '. Acreage NA Site locatioDal Open Space (All change; natural and vegetated Type of open . . non-impervious . surfaces) SPace .. .......~...._.- .........~.....-. D,O. Conditions ADA .' representatlOI Is Acreage NA Site location8I changes Preservation. J3uffer or DevelPPmeht of Special. Protection Areas site propO~ ' D.O. Con9itlons ADA representations WPB:16498713 en L~ - CONCEPTUAL PHASE I NO I MASTER PLAN LEGEND O ~...."".. c.,. CtHIlNuUcm, Iou," . -':- . 'r- ;/ 8 ;1 i /1 itJ @ r _1 @> , ~. @~~~=A N; w. 22 Av..... -----..- - ~ ----. ---- ---.-- -.-.-- -: ~'i~:'~;Jiii - =-~. -:::~;:==::'::'=':':':~== - ----. - ::.=-=--=-.:. == ?f:.~ ~. ... L.LD.o. Soynton Canal \ . \ I'orklng , 1 @ ~i 11 R_..tta.... /i AnI. @J - - OEVELOPMeNT OF ReGIONAL IMPACT ~UIIY' ~....v 1'OtT..~J""'lCWl ......._..........,~ OlOIUI.Wl, II'fU..ocIi. , IIIVIIII -- i~THCH MAP H-1 SHEET 11-13 ~. "' \VI.- ... ... . CONCEPTUAL MASTER:PLAN PHAse 1I/ LEGENO O fIotW.L...'IIIIU.... c..., c....,All.tfM, L..... _' \. No W. ZZ A...... if @_. 1 J jl , ! ,I i I I. I I i ! j! I , . Pwtdn~ @) Port<Jnv @> '" -~i ... L.I..DJl. 80_ Can.. @~~~~A oeveLoPMENT OF Re'GIONAL IMPACT HIIAY' HIIIIV l'OST,~.I!lNlGI.H fWll"":::'.I~........---. -.-.II'ILUCi" MI'tIIl -- 'b MAP H-3 SHEET 11-18 ~".. WI.- ... '" r CONCEPTUAL MASTER PLAN PHASE " LEGEND O 1'l0rtlt.LM4UUI. CIl"ff'CI....lf10.tklll$.,It.'""'Ln~1l -- ,'- No w. 22 Av...... if;'" :/.' " :, 'I if: .......1 , I. Ii 111, I Pork.... r!@) i. , , f P8rklng '@) l~ Aecreatlon..l Are. @ L..LD.D. Boynton Cane' @~~~~:,A DEVELOPMENT OF REGIONAL IMPACT 'HE"'V I HIIRY fIOST.'~~r"IAHIGAN ~...,...~~ CltGIut.tAN. IPIU.AcY. & MI"fI" -- j~T"CN " MAP H-2 .SHEE!T 11-14 . MOTOROLA (ORIA 03-001) Location Map EXHIBIT "A" ~ . o o - -- W~E S EXHIBIT "0" Ii il'I,~ !::::: ,~J i i m ~~I Q 'OI-'or-k g 1Il Ii ~ i!i! ; ~ ~ 8 Ug rt rn m II a ~ g ~~ ...c. l!H1 (1) 0 III 11 \II~ 110\ (1)W .... \11'0 <(1) \Ill>> ~:o<' g.5' ....~ III 11 grt p,11 ... '''''0 'j:l.rn .... .... tr III '0 11 o < ... P, III C. tr '< rt P' ID .. 10001 I I J ~ i .. f f j ~ I~ ~! III f ~ l ~ 11 ..... ~ iii ~ <Q 5..! ~ ;z~Rl ~ 'I r ~ I -, ,- .\ MOURIZ p..... RINAleIANCI COIlllllONI DR! . SALAZAR .- """"""'''^:..~,u.o ARCIf1[CTS 6: PlANNERS ~'!l'ila:t......,-___ I ~ - -_.,._....'.',.....~.... ". ...------ "...~. . .,_,....._" h EXHIBIT 'D" " , I III ! ~ J ..... . - 1 t:l I · i m I~ I I H I I f-'. a ~ In I- <1 = (D 5 ~ BIt 't In .,' "'IT a ... (1) a ... 0.. 89 't ... HI ;l D 0 . '1 >> ..... 1 0\ r- D 'w ... +-LmII >> 0:'0 III (1) I I 1"'11> i: ,. I ~ ....0 III P 11 IjIT :Illl1 .... ~'g - . ... ... ,. ~ 0 l I ) . , . ,~ ~ I " . ~~ . ~ ~ J, I ~Ii ~ I !.,! I I I 2Hl .. %1 r "I .~ ~ I t\ MOURIZ ~.w'"'=- RENAlmKC:ll COMM'II$ IlIll I SALAZAR @!'! ----...... ~~-Q"~..U'O ARCIIll'(CTS .t f'lANN[RS ~ ........ ~ . ~~ ~!'j ~!:l .~ ~~ - z ~5 7.J~ :> I~"'I -- ...~ . > o z >'" "'''' "'> i;g~ ~;; ~ '" ~ ~ "'iZi:!'" o O2!to ~ g~~ ~..~~~ ",~SQ ~~~~ ~ ~ '" i I ! ! Ii 11 , ~I --~ >>0 "-"- " " ; ~~ i~ ~~~I!!~ ~~ ~~ ;:is ?on'" ~"'< tr -<","'.. ~.. ~ ~ ;;;ia~~S&J '" '" i~~~il 0 S ." 0 b 0 ::; ~ ~ ~~ ,., ~ '" iil I EXHIBIT "0" t!:>:J a ilg Sn -() ""0 .,.~ ~o " ~ EXHIBIT "E" Conditions of Approval Project name: Renaissance Commons (fka Motorola) DRIA File number: DRIA 03-001 Reference: 2nd review plans identified as a Development of Regionallmpact Amendment Master Plan with a 1 d k' January 27, 2004 Panning & Zoning Department ate stamp mar mg. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. The LDR, Chapter 3, Article N, Section 3.0 requires Master Plans to show X all utilities on or adjacent to the project. 2. Justify the water and sewer values used in the conversion matrix. Those X numbers should relate to what actually has been purchased to date. Provide specific justification for the high values applied to office and industrial uses 3. Based upon the applicant's conversion matrix (which we do not accept). the X site exhibits an increase from the current use of 2161.66 dwelling units (equivalent) to 3281.01 dwelling units (equivalent) with the proposed change. A change of this magnitude wonld require the applicant to fund a re-study of the Utilities Master Plan for water and wastewater in the affected area. Any cost for utility upgrades as a result of impacts from this project shall be borne by the applicant. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 4. Provide a master storm water management plan in accordance with the X LDR, Chapter 3, Article IV, Section 3.T. BUILDING DIVISION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X PARKS AND RECREATION Connnents: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 5. Provide a letter from the South Florida Water Management District X regarding impacts to ground and surface water as a result of the proposed change, prior to issuance of any building permits. 6. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) S.c. the application for a X proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence. 7. Indicate the width of all access points to ensure their compliance with City X code. Also show the access points to collector and arterial streets indicating their compliance with access requirements within the code. 8. The approval of NO PC #2 is contingent upon the approval of the Land Use X Amendment to Development of Regional 1m pact (DR!) and Rezoning to Suburban Mixed Use (SMU). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 9. Per FDOT requirement, the build-out date for the DR! shall amended to X reflect a period of 25 years, December 31, 2005. 10. Per FDOT requirement, the project must contribute to an additional X Westbound through lane at the intersection of Gateway Boulevard and Congress A venue, prior to build-out. S:\Planning\SHARED\ WP\PROJECTS\Renaissance Commons\DRIA 03-00 IIMPMD 03-002\COA.doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet DWB 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 aGenda reauest (with back uDl 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 A ril 7 2004 A ril 20 2004 Ma 4 2004 Ma 18, 2004 June 1 2004 June 15, 2004 Jul 6 2004 Jul 20 2004 Deadline for Submittal to City P Br. D/CRA Requests Deadline Clerk's Office 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 e. . Exhibit "A' Department Head's initials; ~ "ffdj Renaissance Commons (~1) 2nd reading Please do not write in the shaded area below. ; ~~ '" >.. , ~~ " '.' ~ .'t!, ;$rg;~at~re(s) miSS!~~}D:.' . .' .. !tltlcom!?lete submittal r?l.~.c:.;<:, ..~'::. : ~'?::" . '" _,.:}~~l'_*:~_';;'i'," _". ~~!~Sed'deadline ; [;]'11"":.' . i(!t1:\er ',' n r~::J~"- ,- "'le ;:;1. ' : ': I', :p~rsoC1. contacted to pick up?l"~m!;~ by . .....>i bg . 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover Checklist AprIl 6 - July 20, 2004.doc 7.D.I RENAISSANCE COMMONS (DRIA 03-001) DEVELOPMENT OF REGIONAL IMPACT AMENDMENT AND 7.E.I RENAISSANCE COMMONS (MPMD 03-002) MASTER PLAN MODIFICATION DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 04-042 TO: Chairman and Members Planning and Development Board THROUGH: Michael Rumpf Planning and Zoning Director FROM: Ed Breese t:bJ Principal Planner DATE: February 17, 2004 SUBJECT: Renaissance Commons (fka Motorola) - DRIA 03-001/MPMD 03-002 NOPC Amendment #2 NATURE OF REQUEST Renaissance Commons (fka Motorola) is a partially built-out Development of Regional Impact (DRI) comprised of 87.4 - acres, zoned Planned Industrial Development (PID) and Community Commercial (C-3). It is located on the southeast corner of Gateway Boulevard and Congress Avenue (See attached Exhibit "A" - Location Map). The applicant, Compson Associates of Boynton II, LLC, is requesting a second amendment to the Motorola DRI Development Order (D.O.) adopted January 7, 1980 by Ordinance No. 79-36. Amendment #2 proposes to change the Motorola DRI entitlements by the conversion of 500 multi-family residential units, 63,500 square feet of commercial space, 450,000 square feet of office space and 128,000 square feet of warehouse space to a mix of uses, including 1,551 multi-family residential units, 213,000 square feet of commercial space and 247,800 square feet of office use. The request also proposes to change the name of the DRI from Motorola to Renaissance Commons. There are no changes proposed to the DRI phasing, commencement date or build-out date of 2010, and no lands are being added to the DRI boundaries (see attached Exhibit "B" - Substantial Deviation Determination Chart). BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost governed by Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a Notice of Proposed Change (NO PC) in accordance with the statutory requirements. The Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (TCRPC) and the City review the NOPC. The DCA and the TCRPC review the proposed NOPC and provide comments following the procedures outlined in Chapter 380.06 (19). The Regional Planning Council has not responded to the NOPC request in writing as of the preparation of this staff report. Verbally, they expressed little concern over this NOPC, as they have had several meetings with the applicant and understand the project is a mixed-use concept, closely following that of NOPC #1 which they reviewed in 2002. The major changes involve a transfer of allotted square footages between the approved uses and a use conversion Motorola - DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 matrix which allows up to a thirty (30)% change in intensity, while remaining within the approved average daily trips (ADT) and peak hour trips approved with the original DR!. A letter from the Florida Department of Transportation (FDOT) was forwarded to the TCRPC delineating their concerns with the traffic methodology utilized by the applicant. These issues are discussed below in the section entitled "Regional Impacts". The traffic consultant for Renaissance Commons has prepared a response to FDOT comments. As of this staff report, FDOT has not had ample time to respond to the new data. Additionally, no response has yet been received from the DCA. The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review by the Planning and Development Board of an amendment to a DR!. Chapter 380.06 F.S. requires that the local governing body hold a public hearing to review and approve the NOPC. The City Commission is required to determine whether the proposed change to the Motorola DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined that the requested change is a substantial deviation then further review will be required pursuant to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation, they may take action to approve or deny the requested change. The original DRI Development Order adopted a Three-Phase Master Plan (see Exhibit "C" - Motorola Conceptual Master Plan ADA 1979). The first amendment to the DRI was approved by the City Commission on December 17, 2002, converting the Motorola entitlements from 825,000 square feet of industrial and office use to 500 multi-family residential units, 63,500 square feet of commercial space, 450,000 square feet of office space and 128,000 square feet of warehouse space. The review of the DRI amendment also constitutes a review of the changes to the Masler Plan for Motorola. In addition to the state statutes, staff has reviewed the Master Plan in accordance with Land Development Regulations Chapter 2, Section 7, Planned Industrial Development and Chapter 3, Master Plan Approval. First review comments were generated and the Technical Review Committee (TRC) reviewed the Master Plan changes on January 27.2004. ANALYSIS Notice of ProDosed Chanae (NO PC) - Substantial Deviation The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 380.06 (19). In reviewing the statute section staff determined that one of the criteria apply to the proposed changes to the Motorola DR!. These criteria, which are applicable for review of the proposed changes is provided in Chapter 380.06(19)(e)5., which states: "The following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence" . Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous increases and decreases of at least two of the uses within an authorized multi-use development of regional impact which was originally approved with more than three uses specified in 380.0651 (3)(c), (d), (f) and (g) and residential use. As part of the NOPC application, the applicant is to complete a "Substantial Deviation Determination Chart". The applicant has provided an updated chart (see Exhibit "B"). 2 Motorola - DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 Amendment #2 involves changes to all of the use categories approved in Amendment #1: residential, commercial, office, and warehouse (storage & distribution). This proposal will eliminate the warehouse component while adding 1,001 multi-family residential units, adding 149,500 square feet of commercial while simultaneously reducing the office component by 202,200 square feet. The proposed increases and decreases in square footages are presumed to maintain the vested traffic generation level of 13,020 average daily trips (ADT). Conclusion The proposed changes delineated in Amendment #2 are presumed to be a substantial deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the Substantial Deviation Determination Chart and a traffic study for review. Palm Beach County Traffic Engineering determined in a December 30, 2003 letter that NOPC #2 is projected to generate less peak hour trips than what was previously approved, and therefore meets the Traffic Performance Standards of Palm Beach County. Master Plan Modification This is the second amendment proposed for the Motorola DRI adopted in early 1980. The Florida Statute governing the DRI process, Chapter 380.06(19), provides for and anticipates amendments stating "There are a variety of reasons why a developer may wish to propose changes to an approved development of regional impact, including changed market conditions". These changing market conditions are evident in the history of this DRI, which was planned and developed by Motorola for their exclusive use. Motorola began scaling back its operations at the existing facility in 2001. In October of 2002, Motorola sold the property, and it has since been purchased by the current applicant. The Motorola site is zoned Planned Industrial Development (PID) and Community Commercial (C-3). The applicant proposes to create 41.24 acres of Mixed Use designation and 45.74 acres of Multi-family residential. The Mixed Use is proposed along the Congress Avenue corridor, wrapping around the corner along the Gateway Boulevard corridor and soulhward through the center of the development. The Multi-family residential development is proposed along the Lake Worth Drainage District (LWDD) E-4 Canal and the Boynton Canal (C-16), as well as between the Mixed Use along Congress Avenue and the Mixed Use running through the heart of the development. Two additional access points are proposed along Congress Avenue (see Exhibit "D" - Renaissance Commons (fka Motorola) DRI NOPC #2 Master Development Plan). Impacts The proposed changes to the Master Plan were analyzed from two perspectives. The first is the potential for creating additional regional or local impacts. The second is the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City through the Comprehensive Plan, Land Development Regulations and other applicable studies such as the Visions 20/20 plan. 3 Motorola - DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 Reqional A development has gone through the DRI process because the projected impacts are considered regional in nature. Any change to that development must be analyzed to determine if the changes proposed create additional impacts above and beyond what was originally identified and mitigated. In the case of the Motorola DRI the major issue is whether there will be an increase in traffic beyond what was originally approved (13,020 average daily trips and 1,634 peak hour trips) resulting from the requested land use changes. The applicant prepared a traffic study that was transmitted to the Palm Beach County Traffic Division for their customary review and approval regarding concurrency. The County formally responded to Ihe study in writing, indicating compliance with the Traffic Performance Standards of Palm Beach County. As mentioned earlier, FDOT has indicated that the traffic analysis submitted for the NOPC was insufficient in the areas of trip distribution, calculation of pass-by trip reduction, clarification of the residential component of the conversion matrix and intersection & driveway analyses. The applicant's traffic consultant has prepared the information and gathered the data requested by FDOT and forwarded it to each review body. All agencies will review the new information and provide comments as soon as possible. Local The focus of the substantial deviation determination is regional impacts. The development order for the DRI is a local order and the approval of any requested change is within the jurisdiction of the City. As such, the City's main focus is local issues and impacts. Typical areas identified for review regarding potential local impacts are discussed below: Traffic - The traffic study methodology is a local concern as well. Palm Beach County has determined there are no additional local impacts associated with NOPC #2. The Master Plan proposes two additional entrances on Congress Avenue. Permits from Palm Beach County are required for these entrances. Turning movements and signalization issues will be evaluated and addressed at the site plan stage. Utilities - Based on the original Motorola Application for Development Approval the DRI is vested for 127,000 gallons per day (gpd) for both water and sewer. The City projected demand for the proposed development in NOPC #1 at 294,215 gpd for water and 255,865 gpd for sewer. This calculation is based on the formula in Chapter 26 of the Code of Ordinances. For NOPC #2, demand is projected to be 674,967 gpd for water and 560,193 gpd for sewer. Due to the magnitude of the increase above the prior approval, the Utilities Department is requiring that an evaluation of the off-site water and sewer service be conducted by the City at the applicant's expense. Any required improvements to the water and sewer systems and related levels of service will be borne by the developer. Additionally, the Utilities Department is continuing to refine the conversion matrix figures for each use proposed by the applicant and will have the final say on the exact numbers for each. These recommendations are addressed in Exhibit "E" - Conditions of Approval. Drainaqe - Drainage will also be reviewed in detail as part of the site plan approvals, and must satisfy all requirements of the city and local drainage permitting authorities. The applicant submitted a copy of the current South Florida Water Management permit for the 4 Motorola - DRIA 03-001/MPMD 03-002 Memorandum No. PZ 04-042 existing site. This permit will require modification based on the proposed development plan for the site. Environmental - The City's Forester/Environmentalist indicated in NOPC #1 that there were existing Burrowing Owl nests located on the Motorola property in the area of the proposed change. The applicant submitted a Migratory Bird Nest Removal Application with the State of Florida Fish and Wildlife Conservation Commission (FFWCC), as required, and a permit for Nest Burrow Removal was issued by the agency. A 100% site survey was conducted and three nest burrows were identified and excavated on January 14, 2004, in accordance with the permit. The City is in receipt of the Final Report from the FFWCC indicating that each of the burrows were determined to be "inactive", containing no eggs or flightless young. School Concurrencv - The NOPC includes a request for 1,551 dwelling units, an increase of 1,001 from NOPC #1. This requires concurrency approval from the School District of Palm Beach County. The applicant submitted a concurrency application to the School District and was approved for concurrency. A copy of the approval form was submitted to the Planning and Zoning Division. Parks and Recreation - Residential units are also subject to the city's park and recreation impact fee. The fee will be calculaled based on the type of units constructed and will be due at the time the first building permit is issued for the residential portion of the proposed development. The City required that the applicant provide a greenway/pathway easement along the LWDD E-4 Canal to the east and the Boynton Canal C-16 to the south when Phase I of the Renaissance Commons site plan was approved. Consistency and Compatibility with City Policies In order for the proposed development to go forward the land use and zoning are being simultaneously changed on the site. The applicant proposes to change the land use from Industrial (I) and Local Retail Commercial (LRC) to a new category, Development of Regional Impact (DRI) and change the zoning from Planned Industrial District (PI D) and C-3 (Community Commercial) to a new category, Suburban Mixed Use (SMU). The applicable Comprehensive Plan policies in support of the proposed amendment are: Objective 1.15 of the Future Land Use Element and its policies provide the basis for approval of mixed use development in the city, as follows: "The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects in locations which are appropriate, and utilize other innovative methods of regulating land development." City staff is proposing an amendment to the Land Development Regulations for a Suburban Mixed Use zoning district, to be utilized for this and other similar-sized mixed-use projects that will not be located in the City's adopted Community Redevelopment Area. In addition, the creation of a Development of Regional Impact land use classification, and the companion 5 Motorola - DRIA 03-001/MPMD 1.13-002 Memorandum No. PZ 04-042 Comprehensive Plan text amendment, will provide site-specific ranges and intensities of uses allowed. Policy 1.19.2 provides the directions for re-designation of lands classified as "Industrial" on the Future Land Use Map: "The City shall provide continued effort to allow for industrial acreage; however, that land designated "Industrial" on the currently adopted Future Land Use Map may be converted to commercial or residential designations if the conversion (i) would generate a range of employment choices for current and future residents, provide goods and services of regional importance, or would provide opportunities for the City to meet its long-range housing goals; and (ii) is based upon adequate data including market analysis." The proposed development for the site is consistent with the cited policy in that it will provide both commercial and residential development, is expected to generate employment opportunities and provide goods and services, as well as add to the range of housing opportunities in the City. The adoption of Motorola NOPC Amendment #2 is conditioned upon the approval of the land use amendment and rezoning request (see Exhibit "E" - Conditions of Approval). Conclusion The only regional issue of significance is traffic. It is a significant issue on which both the Substantial Deviation determination and concurrency approval are based. Palm Beach County Traffic Engineering has already determined NOPC #2 would comply with the Traffic Performance Standards of Palm Beach County. Staff believes the additional data and analyses provided by the traffic consultant will help resolve any outstanding issues. Local impacts will be addressed in the Conditions of Approval for the NOPC #2. RECOMMENDATIONS Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has demonstrated by clear and convincing evidence that the proposed change is not a substantial deviation requiring additional development of regional impact review. Resolution of any traffic issues will be required to be resolved before any permits will be issued. Therefore, staff recommends approval of DRIA 03-001 subject to the Conditions of Approval attached in Exhibit "E". Regarding the proposed modifications to the Motorola Master Plan staff recommends approval subject to the Conditions of Approval attached in Exhibit "E". S:\PLANNING\sHARED\WP\PROJECTS\Renalssance Commons (fka MOTOROLA) DRI\DRI\STAFF REPORT DRIA 03.Q01.DOC 6 \~// L DD E-4 CANAL\". MOTOROLA (ORIA 03-001) Location Map PUD ) / /~ C3 > if) o -----,'" EXHIBIT "A" ~ \1' /.'./ -- "\ '\" .' /~ ,/ /"c,' ):(.'\ , '.-'.' .'/^.. '<<: ~< ;::~~>/ :r-:.>, ~, ~' ~ ~" /' ---- /' - /,,\, ((/ ~,\ ',,',<,,-----~- .r/":/ ". <:----------/./ / '~=-\ o ~ ~ o ;JJ -1(~111111 . N W~E 5 EXHIBIT "B" TYPE OF LAND CHANGE PROPOSED ORIGINAL PREVIOUS USE CATEGORY PLAN PLAN D.O. CHANGE & DATE OF CHANGE Attraction/Recreation I # Parking Spaces II NA II II I I # Spectators II II II I I # Seats \I II II I Site locational I II II I I changes I Acreage, including drainage, ROW, easements, etc. External Vehicle I II Trips I D.O. Conditions II II ADA I II I Representations Airports I Runway (length) II NA II \I Runway I II I (strength) Terminal (gross I II I square feet) I I # Parking Spaces II II I I # Gates II II II I Apron Area (gross square feet) WPB:l&49B7:3 EXHIBIT "B" Site locational changes Airport Acreage, including drainage, ROW, easements, etc. !I # External I NA II II I I Vehicle Trips Airports (cont.) I D.O. Conditi?ns II II II I , I II II I ADA I representations I # Beds II NA I I # Parking Spaces II I I Building (gross I II II square feet) Site locational I II I changes Acreage, including I drainage, ROW, I Hospitals easements, etc. I II II I External Vehicle Trips I D.O. conditions II II II I ADA representations WPB:1649B7:3 EXHIBIT "B" Acreage, o acres 10.3 acres including 87 acres (Ord.02-061) drainage, ROW, 12117/02 easements, etc. I # Parking spaces II I o s.f. .. .. could be 128,000 s.f. Building (gross introduced into 850,000 s.f. (Ord.02-061) square feet) mixed-use 12/17/02 Industrial development via utilization of Use Conversion Matrix I II II II I I # Employees II II II I I chemical storage I (barrels and pounds) Site locational I II II I changes # .External vehicle I II II I trtps Industrial (cont.) I D.O. Conditions II II II I ADA Mixed-Use Industrial Multiple Use representations Project Park Project Mining Operations Acreage mined I I I I (year) Water withdrawal I I I I (gal/day) I Size of mine I (acres), including NA drainage, ROW, easements, etc. Site locational changes WPB:1649B7:3 EXHIBIT "B" # External vehicle trips I D.O. Conditions II II I ADA I I representations Acreage, including 41.24 acres of 29.0 acres I drainage, RO~, mixed-use o acres (Ord.02-061) I easements, etp. 12117/02 , Building (grbss 247,800 s.f. 450,000 s.f. square feet) o s.f.. (Ord.02-061) 12/17/02 Office I # Parking Spaces II II II I I # Employees II II II I Site locational I II I changes # .External vehicle I II II I trtps I D.O. Conditions II II II I Office (cont.) ADA · permitted I representations use within I industrial use Petroleum/Chemical Storage Capacity Storage (barrels and/or pounds) Distance to Navigable Waters (feet) Site locations changes WPB:1649B7:3 EXHIBIT "8" Facility Acreage, including NA drainage, ROW, I easements, etc. # .External vehicle I II I trtps I D.O. Conditions II II I ADA I II \I I representations # Boats, wet I NA II I storage # Boats, dry I II II I storage Dredge and fill I \I II I (cu. yds.) I Petroleum storage I II II I I (gals.) Site locational I II II I changes Ports (Marinas) Port Acreage, including drainage, ROW, easements, etc. # !'xternal vehicle I II II I trtps I D.O. Conditions II II II I ADA representations I I WPB:1649B7:3 EXHIBIT "8" 500 MF du's # Dwelling units 1551 MF du's 0 (Ord. 02-061) 12/17/02 Type of dwelling Multi-family Multi-family NA (Ord.02-061) units 12/17/02 I # oflots II II II I Residential Acreage, I 33 acres including I I 45.74 acres 0 (Ord. 02-061) drainage, RO~, 12/17/02 easements, etc. I , I Site locational I II I changes # .External vehicle I II I trtps I D.O. Conditions II II I Acreage, 29.0 acres including 41.24 acres of o acres (Ord. 02-061) drainage, ROW, mixed-use 12/17/02 easements, etc. Floor Space 63,500 s.f. (gross square 213,000 s.f. o s.f. (Ord.02-061) feet) 12/17/02 Wholesale, Retail, I # Parking Spaces II II I I # Employees II II I I Service I I \I I Site locational changes # External vehicle II I trips I D.O. Conditions II II I ADA representations WPB:1649B7:3 EXHIBIT "B" # Rental Units Floor space (gross square feet) I I # Parking Places II II II I I # Employees II II II I Site locational I II II I Hotel/Motel changes Acreage, including NA drainage, ROW, easements, etc. # .External vehicle I II II I trtps I D.O. Conditions II II II I ADA I II II I representations I Acreage, I including drainage, ROW, NA easements, etc. I # Parking Spaces II II I Buildings (gross I II I square feet) R.V. Park I # Employees II I II I Site locational I II II I changes # .External vehicle I II II I trtps I D.O. conditions II II II I ADA I representations WPB:1649B7:3 EXHIBIT "B" , Acreage NA II Site locational I II I Open Space (All changes natural and vegetated Type of open I I I non-impervious space surfaces) I D.O. Conditions II II I ADA I I I . I representatlO~ I Acreage I II NA II I , ! Site locational I II II I changes Preservation, Buffer or I II \I I I Special Protection Development of Areas site proposed I D.O. Conditions II II I ADA I II I representations WPB:1649B7:3 ~"~ W,_ ,~ ,~ CONCEPTUAL MASTER PLAN PHASE I LEGEND r-, I"IO'''Ul.anoilU.." ---./ CO..r ClauUlc:allon, I..ulll N. W. 22 A'IenJe :/ I @ .....,i.,.: r=SJ ! i 11 @ @ L EXt-tt81T "C" PT MASTER PLAN-ADA 1979 Ir--- \ \\ .\ II , \ '" .. , c \ ~ , ' iDoek'~ I I $- 0' 0' ..; ..; LLD.O. Boynton Canal @ ~~~':~:A Parking @ Recreational I Area @ J DEVELOPMENT OF REGIONAL IMPACT I-lEERV &. HEERY ~aST. eucitt~.SCHUH"4'JEAN'GAN ....""= . -..- ~'~.04....~, "'"-"'~".~tl QiGIULIAN. SPEL.l.ACY. &. MEYER ._:o~_...." MAP H- 1 SHEET 11-13 t?f\:J. ,~ \1)1....- ,~ ,~ , CONCEPTUAL MASTER PLAN PHASE III LEGEND r) ~IOtl<l"L..."<lU.." ~ C"".'CI.....ille:Ulon.L....,1 N. W. 22 AVenJe 5\\, ~ \ 'I - - - ~- -, ~= ' ~ r j \ - -- - I - - - - I -::,- I - - , , \\ ~ )) ; '{i 0, 0' ..;/ -i,: Parking @ -.1]. @~~~~c:~.A DEVELOPMENT OF REGIONAL IMPACT HE5.AY! HEC:;AY ._..e"4.....'~.... ~ST 3UCKLEY, SCHUH .5. JErlNIGAN ........-...~_..........:c~,........,.., CIGIULI,l,N. SPELLACY, .5. MEYER .......::......."...,.., EXHt8H "e" MOTOROLA CONCEPT L MASTER PlAN-ADA 19 MAP H-3 SHEET 11-15 ~"M W'- 'M ,~ CONCEPTUAL MASTER PLAN PHASE II LEGEND (~ F10f'tt:laLa""U.." --.J Co.... CIUOIJrlCIU..I'I Syri..... Ln.. U '\ No W. 22 Avlltf"lLle r > < . ~ . , 11 ' Parking @ Recreational I Ar.. @ @ ~.~. LLO.O. Boynton Canal @ ~~.?"~<':~~,A J EXHfBH "e" MOTOROlA CONCEPTUAL MASTER PLAN-A A 19 9 " DEVELOPMENT OF REGIONAL IMPACT HE!:AY &. HeE~Y '",,~."t':"1"_"U_, =OST. aUCKLfY, SCHUH'" JE.ClN1GAN .....-:...."............,...........,...".." OIGlULIAN. SPIii..LACY. !. MEYER .._;::0.""....., MAP H-2 SHEET 11-14 i~ i!li,~ i ~ i g ffi ! i ~ ~ ~ ~ ~ ~ Ufi ~ i g! N~ -- (Jl tl ~ ~ '0 H '0 o ..... '1 III rt < ~ (tl rtlll ..... rt f-'(tl ..... P. rt ..... ..... (tl 0 lIl'1 '" ~ '1'" (tlW ... "''0 ~ (tl .....'" f-';o;' "';:r go (tl~ '1 '" ::;rt p.'1 ..... :!:'O .....lIl f-' f-' tr (tl '0 '1 o < ..... p. (tl P. tr >< rt ;:r (tl iil ~ ~ .. I I I i I ~~ '" '0 '0 '1 o '0 '1 ..... ~ ui ~ '" ~~;: ~ 2'<~ ::; gill o 2'0 ..... m ~ ~ . ~ i EXHIBIT "0" I~ d ~ I IWIt I Oll'O"^31nOS Ir i ~ -....-._1lC. il::"':"- REII""UNCI! co_aNa DRI ...- MASTSrOEil/B.OFflENl"PLAN ~A8SOCIA1ES OF ElO"l'Nr<lN II.LLC ~,,~~""'1Ii:l'=--_~~~T"-' a&... MOURIZ ...., ~~~~~ ~ .~.__."-,..._-'----_. . EXHIBIT "0" ,." ,." 'T]()Z"'''' ,,:t ":t @~ ~~g~ ",. ",. "'~ "'~ ~~Q~~ 0," 0," <- <- >--10VJ< m:-:' '"= Ull""C:~" 0 O' ~-<>Z Z ~ ",Ulan ~ ."C":"'m ~ 0 \:'"8n " '" i<:_o " '" z- i<: w Z ::j i<: 6 ~ ~ '" 0 ~ o Z " ~ 8 S ~ ~~~"'~~~'\~""l:.... \., ,- :l~~f~ .l,.,l,'j,,}~..,-t; :J t1r:~:,)':~t::~,E H 'T~'0:~~:l ~';::n r~:r t:,,~ :;~~ ~~:~~, .,. ':-E.{ }:"~::iI'~~ ;~I~'::J--;'" i l:ni~.~~rc Ju.~!j i~ t:'l5--~'-1\<[~; .,,-,,..,.,--"],, , ; 1':-, -:- '"" r~< ..+~t~~~f 1 \, tta~~~:( i~~10t1J ;,,'~:l~.i:~<.i: :'-i:~~r.r,r;': "' "O'f_ !~ I , , > ~ , > ~ , 0;.0 "" < ~ " ~ ov;' "'~ 3~ ,,0 ~ " -('l "'0 ita ~ a ~ 0 ~ ~ ,1." , , ;' I 0:.. : 1 11; !, .. ~~!;f~. .f',.....'", $,', r ':..:;::8~t~;r:r.-t, .t. ~;;; "' 0< ~~ '0 >, "CO: , 1 ,." ":t ",. ~~ Oi"" o Z ~ ~ " o w 6 o ~ "" "~ ~::1 Oia 0" Z ~ ~ " 8 6 ~ 'Tl!Zl*nz"''''CI m~~~~~5: "-~_n"'mn)>tfl ~~r-~ar:;;~ :;:tlnl:tll':;:tl[/)< -<~~-<>~.. ;@g;g~Q ::T'"tl::;::tI:lgn ~~~1:-~ ,"~~i<: 0103:0 o 03i '" 0 ~ '" ~ - '" V>.... :;:~ r~ mm ~~ II''"'' ~r 0> oz ~! ~~ Ii !I!'-, ~ Renaissance Commons I 'm _.. r ~ r .. Masle,. Plall ] - ~ i . ~g '" ., liO\/l'v'IB..,,('h, nUlid" f H~i : o = '" I .. CompSOll ,1.\~~~i~:,~;~'.%:,~J;;rJJt()IlI!. LLc i ~i~~ J . CIDM........ ___.......... III........... .... "'....... ~.....,............... III.,.................... __..... .,................................. ;J> EXHIBIT "E" Conditions of Approval Project name: Renaissance Commons (fka Motorola) DRIA File number: DRIA 03-001 Reference: 2nd review plans identified as a Development of Regional Impact Amendment Master Plan with a January 27,2004 Planning & Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: 1. The LOR, Chapter 3, Article N, Section 3.0 requires Master Plans to show all utilities on or adjacent to the project. 2. Justify the water and sewer values used in the conversion matrix. Those numbers should relate to what actually has been purchased to date. Provide specific justification for the high values applied to office and industrial uses 3. Based upon the applicant's conversion matrix (which we do not accept), the site exhibits an increase from the current use of 2161.66 dwelling units (equivalent) to 3281.01 dwelling units (equivalent) with the proposed change. A change of this magnitude would require the applicant to fund a re-study of the Utilities Master Plan for water and wastewater in the affected area. Any cost for utility upgrades as a result of impacts from this project shall be borne by the applicant. FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: 4. Provide a master storm water management plan in accordance with the LOR, Chapter 3, Article N, Section 3.T. BUILDING DIVISION Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I Comments: None PARKS AND RECREATION Comments: None FORESTERlENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: 5. Provide a letter from the South Florida Water Management District regarding impacts to ground and surface water as a result of the proposed change. prior to issuance of any building permits. 6. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence. 7. Indicate the width of all access points to ensure their compliance with City code. Also show the access points to collector and arterial streets indicating their compliance with access requirements within the code. 8. The approval of NOPC #2 is contingent upon the approval of the Land Use Amendment to Development of Regional Impact (DRI) and Rezoning to Suburban Mixed Use (SMU). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\DRIA 03-00 I IMPMD 03-002\COA.doc DEVELOPML ,r ORDER OF THE CITY COMMIS_.ON OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Renaissance Commons (fka Motorola) APPLICANT'S AGENT: Kim Glas-Castro, Ruden, McClosky P.A. APPLICANT'S ADDRESS: 222 Lakeview Avenue, Suite 800, West Palm Beach, FI 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2004 TYPE OF RELIEF SOUGHT: Master Plan Modification LOCATION OF PROPERTY: Southeast corner of Gateway Boulevard and Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk