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REVIEW COMMENTS MAR-12-03 16:10 FROM: 10:4076481743 PIlGE 1/6 FOLEY:LARDNER ATTOR.NEYS AT LAW III NORTH ORANGE AVENUE, SUITE lacO CRLANDO, FLORIDA 32801,2386 ~. O. BOX 2193 ORLANOO, FLORIDA 32802.2193 n;LoPHONo, 407.423.7656 FACSIMILE, 407.648.1743 WWW.FOLEYLARDNER.COM FACSIMILE TRANSMISSION b Total # of Pages )((including this page) TO: PHONE #: FAX#: Dick Hudson (561) 742-6260 (561) 742-62 City of Boynton Beach 59 I From: Sender'.. Direct Dial: Date: R. Duke Woodson User 10 No : 407.244.3247 March 12, 2003 03I498-0124 0823 ClientlMatter No : MESSAGE: Please see attached. If there are any protllems with this transmission or if you have not received all of the pages, please call 407,423.7656. I Operator: I Time Sent: Retum Original To: Diana I. Roman -] CONFlDENT1AlJT'( NOTICE: THE INFORMAnON CONTAINED IN THIS FACSlMU MESSAGE IS INlelDED ONLY FOR THE PERSONAL A/I[I CONFIOEN'I'1AL use OF THe DHIGNAl1!D R!:CIPIENT8 NAMIIW~. Uti:; M~ul:. MAY fit: AN AIIU~I:.~r1' (;OMMUNIc;;A,TIQN~ A,NO M $UCH 1$ PRIVILeGeD AND CONFIDCNTIAL IF TffE READeR OF THIS MESSAGE IS NOT THE nlTENDlII RECIPIENT 01\ ANY AGENT RESPONSIBLE FOR DE1JVERJNG IT ro THE INlelDED REC1PlENr, YOU ARE HEREBY NOTIFIED T;AT YI>ll HAVE RECBVED THIS DOCUMENT IN ERROR. AND THAT AIff llEI/IEW, DISSEMINATION. OISTRlBUTlON OR COPYING OF THIS MESSA(;E: IS STRICTLY PROHIBITED. IF YOU NAill! RECEIVED THIS COMMUNICATION IN ERROR. PLEASE NOnFY us IMM9ltAIELY m' TeLliPHONE AND RETURN THE ORIGINAL MESSAGE ro US BY MAIL. THANK YOU. xxx.xxxxxx.xA Cover Page 1 of 1 FOLEY & LARDN~J: MAR-12-03 18:10 FROM: ID:4078481743 P/IGE 2/8 M01OlOlA DII NOPe RBPONSE TO ORe REPORT The ~ data..oo analysis 1~1ds to Objedives and Recommendations in1he ORC R.opott (DCA No 03-D1) issue by the ~tl,.e.1t of Community Affairs to the City of Boynton Beach. For ease of te\Iiew, 1he Reoornmendalion Ita. ~ summarized followed by 1he RespJnse. Recomrne..dation #1 I1!IaIes to the proyision of a marlcet anaI)9s. Reoommelldalion 2: Pluvide data and anaIy5is for the availability of all pubrlC facilities UJlOII the maximum allowable cfeveIopment intensities for local Retiu1 Collu ,le....d. . ......ponse. An anaI)'si$ of the maximum allowable dew!Iopment il1len5ilie; for the pupa;ed Local RelaiI CommerdaI Iaod use d-'jI,'1aliOl, should indu:ie a wmparison wan boIh the cunent land use desitJaaIion and the propO$ed dev-elopment plan. Auadlments 1 and 2 provide the trip ges....ation for the Existing Land Use~, Proposed Land Use []es~ and Propllfllld Development Plan for Daily and PM peak hour respo.di.ey. The ExisIi"l!:and Propol1ed land Use Oesifption ~.oent ill1llllSities are baseci. on maximum aIkM'iIbIe illl!!llSilie5 in !he City of Boyntcn Beach Codes. On a Daily basis, the number of external trips is higher under the PIop_ Land Use Designation than for !he Exis:ling Land Use Desiption. The Proposed Ile\IeIOp",aol Plan is esIimaIed In ges",,"'"' 12,837 New Exb!lll;l! l1lps as CXllIIpaJld In 62,331 New Exmmal Trip$ for the E..i.ti"o Land Use Designation an~ 73,132 New ExtemaI Trips fur the I'ropoI;ed Land Use V.;.<~..ctiu.l. . Ou~ lhe PM peak hour, the Proposed land Use Designatio., will gerll!late lea; .- eocIemld !rips than die Existing Land Use Designatlon. The Pmpl500 Oe\.alopment Plan estirnaIed New blem.1l Trips (1,402> is substantially lea; than either the Existing Land Use ~:ion (6,764 New fxtemaI Trip;) or the f'I0p0sed 1.1Ind Use ~ (7,900J New ExtemaI Trips). DuriI1f: the aiticaI PM peal, hour and in the more oiticaI oWbound direction, botiI the Proposed Land Use DesignaIion and the Proposed 0eYeI0pment Plan are eslimallld In generate less New ExlemaJ Tlrips than WOIlId be allowed Ullder the Existing Land Use DesigllaIion. Inlemal matI'ioes are alt,.,:hed in the Appendill. a2-12!1 3.'12-03 MAR-12-03 16.11 FROM. ID:4076481743 PoCIGE 3/6 ReoommendaIion 3: Provided a naffic anaIy.;is b1se upon the mlllit lo:u:oltly i.lViIiIabIe data ID ~ the peJk hour, peak dilecOOll, roadway lwei of service 5tandatd. and ID cktennine the impad of this amendmeot upon the Florida Inll'llstate Hid->' SysIern. Aaadlment 3 provides a oomparison of the PM peak hour bip ~ porenliaI of the ~ and Proposed land use 5a!tI8rios. The f'roJ:iOIIed Land Use plan is esIimaIed ID gellelale fewer New ExtemaI Trips thall the Approved Land Use pl8Il. BoIh the number of inbound trip5 and oottnund trips .are lower for r.he Proposed plan than for the J\pprovl!d plan. Therd'ore, them wit be no ~ impact on r.he roadway IeYeI of ~ standards, iIlduding the Florida ',dl4* Highway System. ,. Rl!sponse; . .. fJ2.-1:l$1 s-,.us MAR-12-03 16.11 FROM. ~H~ I~~t a ~ l. ! ; 8 " . i ~ ! i ~ i i . C g ~ :0 j!j t Ii! ~ J~ ~ .. ... ... ~ :a ~ 1-- -00- r= ci ! . 1~ .. .. ... ! 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MAR:~2-03 16.12 FROM. ..... .lii." 8""i. l :E o I i , ,- . i ! :lili ~ jd "J Jl.. ~ U l ,,~_a ! !.. ::I ! i ... ..- 1l,,1I~. l; - . ;:;1 .. a ll~ .n >='S 0 "......"... N ....0.... ........ ... .'l :: E~~d!eiil ;; J 10,407648-"43 PoCIGE 6/6 . ~ " ;; j j € I J j I " T DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02-297 TO: FROM: Mayor Jerry Broening and City commis~io Lusia Galav. AIC Principal Planner ) J DATE: December 13, 2002 SUBJECT: Motorola DRIA 02-002/MPMD 02-003 NOPC Amendment #1 ADDENDUM This report is the addendum to the Department of Development Memorandum No. PZ 02-244 to the Planning and Development Board dated October 31, 2002. Updated information is provided regarding the above referenced project. Recommendations The applicant has met with Palm Beach County and the Florida Department of Transportation staff to resolve the objections regarding the methodology used to determine traffic impacts. Both agencies have approved the revised methodology that indicates the proposed development will remain within the range of the original 13,020 vested trips. Therefore, the NOPC #1 as proposed is not a substantial deviation. Conditions of Approval In addition, the Conditions of Approval, have been revised to reflect the concern of the TCRPC regarding the mixed-use design for the development (see Condition # 14) and the Palm Beach County Traffic Engineering requirements regarding turn lane improvements (see Condition #15). Attachments: 1. Letter from the Treasure Coast Regional Planning Council dated December 13, 2002. 2. Letter from Palm Beach County Traffic Division dated December 12, 2002. 3. Revised Exhibit "c" - Conditions of Approval. , .-. - -.,.i _ '=': .;) -D~ -- ~_ ;~-" ,,~~l,. .:> - ---.....------- - -""--: J.~'- . . .,= ~ - ,iiii, '. - ,~: j -"....:;~. _ "r..._;t.".;~~_.... <~&. .-~ ::. _:O;>.~ Jrit~ ';%.. ,_-T ~ - -~~~. - ~""<-"-'T~-',-j "~----"Ji--~ _ ~ ~ '_ cr T~~--- T R_l~A ~(E ~ ~l1;~~N.~" _' ;'~N~I N',C-C:OU-'"N~'~~~ -.-' "'-;::r-'--'--'--::=="'--, - ..t:: _ _li3~. i ,-' -:=- _~... ~ ~" ,- ii--~-;jjj ~ ,....3 . _ -' .,.- ::: ~~.::-:: ' ~ j'= ~ -,,,- cr r~ - -,.~, >.~ ~.. ,- __:/l?' - , I-~~ ",..~=a~ ~ i;'~fi.~Jf):ff?- ;p.~ -:B 1i".t~ ~ 0_. -::S7F-;;r~V~~=" -0-"""" -ah,?, - ~=;! . r~';':. =~ ~),~ -~:. ,m-;',r-- <+=--;l:1r~ . .~ ~~ :'J ;:J ::J. ~-::f- _ . - _ I -__..~L___,!J.. -.,. - JiJ ;.._.~~:-_.-:~~,~ - -- _~--,;~..--':~ =-";;::'_~~--.-~~r~-',~_ --~.:: -:' n__~~.al = December 13, 2002 Mr, Michael W. Rumpf Planning and Zoning Director City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 OEe " Subject: Motorola Development of Regional Impact Notification of Proposed Change Dear Mr. Rumpf In accordance with the requirements of Section 380,06(19), Florida Statutes (F.S.), we have reviewed the "Notification of a Proposed Change to a Previously Approved Development of Regional Impact (DRI)" (NOPe) for the Motorola DRI dated September 17, 2002, The NOPC proposes to change the existing plan of development to allow development of 500 multi-family residential units, 450,000 square feet of office space, 63,500 square feet of retail space including shops and restaurants, and 128,000 square feet of self storage space, The applicant submitted additional information on October 23, 2002 requesting the inclusion of a conversion matrix to allow changes in the plan of development to occur without the need to amend the development order. Council had concerns with the proposed changes including the proposed conversion matrix, The applicant submitted a letter on December 10, 2002 stating that the applicant would no longer be requesting a conversion matrix and provided additional information to address Council's other concerns, Based on this information, Council has determined that the proposed change will not create any additional regional impacts and, therefore, does not object to the proposed change, However, an annual report for the Motorola DRI has not been submitted since January 1985. The applicant should submit an annual report for the project each year to be in compliance with the development order. Also, the Strategic Regional Policy Plan for the Treasure Coast Region encourages the formation of sustainable neighborhoods and communities, Sustainable communities should include a compatible mix of land uses, well designed and maintained public spaces, builpings and infrastructure, and a network of interconnected streets designed for various transpoft/ition "B,.;,,!;,,! C(Jmm,."iti~$ T(J!~th~,." . E$t. 1976 301 East OceaD Boulevard - Suite 300 _ Stuart. Florida 34994 Phone (772) 221-4060 . SC 269-4060 _ Fu (772) 221-4067 _ E-mail. ;ldmirl~rrrnr ore> Mr. Michael W. Rumpf December 13,2002 Page 2 modes. Council strongly encourages continued efforts to provide for mixed-use development in the City. However, it is equally important that mixed-use development is done correctly. There must be a true integration and appropriate mix of uses, not simply more than one use on the property. There should be not only a fully integrated mix of uses but also a network of streets. sidewalks, and bicycle paths and an accommodation for present or future use of transit. There should be both a vertical and horizontal integration of land uses, and the land uses should be of a type and nature that are appropriate and complementary to the area to be served. The DRl master plan included with the proposed amendment materials does not incorporate all the best components of mixed-use development. Council is available to assist the City in working with the developer of the property to ensure that the proposed development contains all the important components of good mixed-use development. Please call if you have any questions. Sincerely, b~~ DRl Coordinator cc: Ken Metcalf, FDCA R. Duke Woodson, Applicant Department of Engineering and Public Works P.O. Box 21229 Vest Palm Beach, FL 33416-1229 (5611684-4000 www.pbcgovcom . Palm Beach County Board of County Commissioners Warren H. Newell. Chairman Carot A. Roberts, Vice Chair Karen T. Marcus Mary McCarty Burt Aaronson Tony Masilotti Addie L. Greene County Administrator Robert Weisman 8An Equal Opporrunity Affimtanve Action Employer" @ printed on recycI6d papsf ~E' ' ~ 'I \ '.J '.J ~._"'f' December 12, 2002 Mr. Michael Rumpf Director Planning & Zoning City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33425-0310 RE: Motorola DRI ,. Re.tised TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Mr. Rumpf: The Palm Beach County Traffic Division has reviewed the traffic statement for the previously approved DRI entitled; Motorola DR!. pursuant to the Traffic Performance Standards in Article 15 of the Palm Beach County Land Development Code. The project is summarized as follows: Location: Southeast corner of Congress Avenue and Gateway Boulevard intersection. Boynton Beach 13,020 Daily, 1,634 Peak Hour 450,000 SF General Office, 500 Multi Family Residential Units, 15,000 SF Daycare, 10,000 SF High Quality Restaurant, 6,000 SF High Tum-over Restaurant, 8,000 SF Fast Food Restaurant, 20,000 SF General Retail, 4,500 SF Bank & DT, and 128,000 SF Warehouse. 12,837, and 1,402 Peak Hour Trips 2005 Municipality: Vested DRI Trips: Proposed Uses: New Daily Trips: Build-out: Based on our review, the Traffic Division has determined that the revised DRI is projected to generate less trips than what was previously approved, and therefore meets the Traffic Performance St?ndards of Palm Beach County. Based on the peak hour forecasts provided by the consultant, It is however suggested that the following project access driveways turn-lanes to be provided: . Southbound left-turn lanes along Congress Avenue, onto the northern and the middle driveways. . Northbound right-tum lanes along Congress Avenue, onto the southem and the middle driveways. . Westbound left-turn lane along Gateway Boulevard, onto the eastern driveway. . Eastbound nght-turn lane along Gateway Boulevard, onto the eastern driveway. I If you have any questions regarding this determination, please contact me at 684-4030. Sincerely, ~ THE CaUNZEN""'''R Masoud Atefi, MS E Sr. Engineer - Traffle.Division cc: Pinder Troutam Consulting Inc. File: General - TPS - Mun - Traffic Study Review F:I TRAFFIClmalAdminlApprovalsl021 016.doc EXHIBIT "e" Revised Conditions of Approval Project name: Motorola File number: DRIA 02-002 Reference: Revised 2'd review identified as Development of Regionallmpact Amendment Master Plan with a ki November 5, 2002 Planning & Zoning Department date stamp mar ng. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: To be determined. X UTILITIES Comments: l. The Developer has agreed to furnish their own fire flow protection from an X on-site source for all fire-flows above the City requirement of 1500 gpm (@ 20 psi residual) demand. In the event the on-site source cannot be approved by the City or other regulatory agencies, an engineering evaluation of the additional impacts on the potable water system (as outlined in the next condition dealing with sanitary sewer demand/capacity) will be required for the demand/capacity of the potable water system as well. The on-site fire protection system from this private source may therefore not be interconnected with the City's potable water system. 2. The City recognizes prior vesting (for planning purposes) in the site of X 127,000 gallons per day (gpd) each for potable water and sanitary sewer demand. In consideration of the condition stated above, the developer shall fund an analysis, to be conducted by the City's engineers, evaluating the ability of the City's sanitary sewer conveyance system to properly accommodate the flows exceeding 127,000 gpd from this site. Funding of this study shall be escrowed with the City upon request and the furnishing of a written "not-to-exceed" cost estimate to the developer. Upon receipt of the requested amount, the City shall endeavor to complete the analysis within 120 days. In the event the analysis indicates that improvements are required to the City's conveyance system, the developer shall commence the design of said improvements upon requesting a total sewer commitment exceeding 102,000 gpd (i.e. 80% of the vested amount). The developer shall subsequently begin construction of the improvements after receiving City approval of the design, (or furnish sufficient funding for the City to construct said improvements, at the City's option). The commencement of construction shall occur no later than the developer's request for a total sewer commitment exceeding 114,300 gpd (90% of the vested amount). The developer shall not be penalized or delayed by the City from constructing additional phases to the project if he satisfies all conditions of the above Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT deadlines in a timely manner. 3. The developer shall be responsible for reserving purchasing all additional X water and sewer capacity, based upon the requirements as stated in the City's code, not heretofore purchased by the prior owners of the property. FIRE Comments: 4. The site plan and master plan design documents shall adhere to Chapter 9 of X the Code of Ordinances of the City of Boynton Beach entitled "Fire Protection and Prevention." This ordinance adopts NFPA I, Fire Prevention Code, 2000 edition, and NFPA 101, Life Safety Code, 2000 edition. (these codes, as amended are identified as the Florida Fire Prevention Code) 5. Design documents shall demonstrate compliance with LOR Chapter 6, X Section 16, which provides requirements for hydrants. Hydrants in commercial applications shall be no more than 300 ft. apart and the remotest part of any structure shall be no more than 200 ft. from a hydrant. Connections shall be to mains no less than 6 inches in diameter. In addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 gpm is required. POLICE Comments: None X ENGINEERING DIVISION Comments: None X BillLDING DIVISION Comments: None X PARKS AND RECREATION Comments: 6. The notice mentions 500 residential units to be added to the development. X These units would be subject to the Park and Recreation Impact Fee based on the type of units involved. Single Family, detached = $940 ea Single Family, attached = $771 ea Multi-family = $656 ea I DEPARTMENTS I INCLUDE I REJECT I 7. The fee is due at the time of the first applicable building permit. X 8. At time of site plan approval for any portion of the site included in the X NOPC Amendment #1 request, the applicant will work with the Parks & Recreation Department to provide a greenway I bikeway easement along the east and/or south sides of this property especially along the E-4 canal. FORESTERlENVIRONMENTALIST Comments: None X PLANNING A1"1D ZONING Comments: 9. 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. 10. The traffic study was submitted to Palm Beach County traffic engineering X for approval. Approval is required prior to the Chapter 380 F.S. Public Hearing for the NOPC Amendment #1. II. Applicant must submit an Annual Report for the Motorola DRI by January X 1,2003. 12. The approval of NO PC #1 is contingent upon the approval of the Land Use X Amendment from Industrial to Local Retail Commercial and the Rezoning from Planned Industrial District (PID) to Community Commercial (C-3) for the 49.685 acre portion of the DRI. 13. A replat may be required to develop the site. This will be determined at time X of site plan approval. 14. At time of Site plan approval for the project, the applicant will work with the TCRPC and City staff to incorporate the best components of mixed-use X development. IS. Based on Palm Beach County's review of the Traffic Analysis the following improvements are required: a) Southbound left-turn lanes along Congress A venue, onto the northern and X the middle driveways. b) Northbound right-turn lanes along Congress Avenue, onto the southern and the middle driveways. c) Westbound left-turn lane along Gateway Boulevard, onto the eastern driveway. d) Eastbound right-turn lane along Gateway Boulevard, onto the eastern driveway. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: I. NONE X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I. To be determined. S:\Planning\SHARED\'M'\PROJECTS\Motorola DRI\DRI\COI.doc MEMORANDUM UTILITIES DEPARTMENT NO. 02-173 TO: Lusia Galav, Principal Planner, Planning Department FROM: Peter Mazzella, Deputy Director, Utilities Department DATE: November 4, 2002 SUBJECT: Moturola Expansion Project DRIA 02-002 We have reviewed the information submitted on projected water and sewer flows in conjunction with the subject DRI amendment, and at this time we offer the following comments: 1. The application for development approval submitted prior to development of the Motorola site specified an anticipated total water and sewer demand for the site at 127,000 gallol1s per day (each) at the completiun of final build out. This number will therefore be used as the baseline value in evaluating the potential impacts on the City's water and wastewater delivery systems. '1 The projected flows for water and sewer provided by the applicant are 243,198 gpd, and 202,665 gpd respectively. The water flow does not include fire protection demand. 3. The City's projected demand for the total site, based upon chapter 26 of the code, are 294,215 gpd for water, and 255,865 gpd for sewer. Once again, the water flow does not include fire protection. 4. Due to the magnitude of the increase ahove the prior approval, an engineering evaluation of the off-site water and sewer systems will have to be conducted by the City's engineer's, at the applicant's expense, in order to assure that the offsite systems can adequately serve the expanded demands of this site. Flows uf this magnitude from the Motorola site were not anticipated during development of the Water and Sewer Master Plan, and must therefore be evaluated at this time in accordance with sections 26-16 and 26-28 of the City code. Fire flow demands which have neither been provided nor reviewed at this time, will also have to be factored into the evaluation if they exceed the City requirement of 1500 gallons per minute. The following additional information is therefore requested in order to complete the evaluation of this application: A. Provide the ratcd fire flow demand for the existing and proposed buildings on this site. B. Provide a conceptual layout of thc proposcd on-site water main and sewer main extensions. C. Provide an engineering evaluation of the adequacy for the on-site sewage pumping station. This on-site evaluation may be conducted by the applicant's engineer, and shall result in a final recommendation towards acconmlOdating the additional scwagc flow from the sitc, in vicw of current design standards. D. Provide a schedule for the proposed expansion plans, including completion dates for each phase and its anticipated demand. E. Escrow sufficient funds to pay for the City's evaluation of the off-site water and sewer delivery systems. This amount will be determined after the information rcquested in items A- D is furnished. Any construction costs for necessary off--site improvements will also bc borne by the applicant/developer of the Motorola site. Please feel free to contact me directly with any qucstions on this matter. PVM Xc: Peter Mazzella Dale Sugerman John Guidry File . . NDV-04-2002 10:57 , I , I . I I, , I P.01 TREASURE COAS1f REGIONAL PLANNING COUNCI~ 301 EAST OCEAN BOULEVARD SUITE 300 STUART, FLORIDA 34994 PHONE: 772-221-4060 FAX: 772-221-4067 FAX TRANSMISSION Date: r / I '-1 I ~ "- Fax Number: ( ":)(p () I 'f 2.. - to 2. ~ ~ Number of Pages (including cover sheet): 3 Operator: To: LU.Sl~ Gc.. fe-v From: J, \'V\,. c",,::/oQ~ Project: YrcYv-.--o k. 0 R::I:.. I Comments: 'cIOV-04-2002 10: 57 . -.i' ~ i : I , . ! P.02 I. I i :lED BUSH ~VERNOR , , \\ Florida Department of Transportation OFFICE OF PLANNING AND ENVIRONlIIDlTAL MANAGEM>:NT - DISTlUCT 4 3400 W~t Cornrnercial Blvd., Jrd Floor, Ft. Lauderdale, FI 33309~3421 Telephone: (954) 777.4601: Fax: (954) 777-4671 Toll Free Number. 1-866-336-8435 October 21,2002 I mOMAS F. J. JR. SECRF-TARl ~~~"--J.~.,;jil-;)!1l:l ~,~t~~!J ~I;; I oCT 7 4 Z'1J~ ,. . . ; . ~, '". '.~ ~ ", -.- ~ . i-\t.GICH~AL ?, ;"N:"jlj'<l..:: r>"', Mr. James T. Snyder DR! Coordinator Treasure Coast Regional Planning Council 30 I East Ocean Boulevard, Suite 300 Stuart, Florida 34994 Dear Mr. Snyder: SUBJECT: Motorola Development of Regional Impllct (DRJ) City of Boynton Beach, Palm Beach County NotifiClltion of ProPosed Change (NOpc) I This is in response to your letter dat",! August 7, 2002 (received September 25, 2002) regarding th" Notifi~ of Proposed Change (NOPC) for thet Motorola Development of Regional Impact (DR!). TIre Department bas completed its review as swnrnarized below. . I The Motorola DR! is located north of Boynton Beach Boulevard, south of Gateway Boulevard, eas1i ofCongiess Avenue and west of Interstate 95 in the City of Boynton Beach, Palm Beach County, Florida. The Motorola DR! was originally approved on January 7, 1980, with an expiration date of 30 years from the date of its renditi/>n. The original DR! development, however, was projected to be complete in Year 2000, as evidenced by ~e completion year ofPhsse ill of the DRL The development phases and intensity from the original Dm: are listcil in the following table: I I Phase Completion Year Development Square Feet 1 198.1 Industrial Use/Offices 240,000 II 1990 Industrial Use/Offices 385,000 III 2000 Offices 200000 TOTAL 825.000 : I i I In this NOPC, the applicant proposes the following change to the DR!: I . Convert rhe remaining 250.000 .<quare teet of industrial land-use enritlemenrsfor the property to /00 multi-family residential units and 40.000 square ftet of commercial space. . The Department offers the followin~ comments regarding this NOrc and the accompanying traffic analysls: 1. There are inconsistencies related to the proposed land-use plan denoted in Attachment 2 -~riP Generation Comparison, EXhibit "E" - Substantial Deviation Determination Chart, and Question .5 of the NOPC. More specifi<;ally, Attachment 2 denotes 450,000 square feet of Office use while lh e;s no Office use shown in Exhibit E. Further, Exhibit E denotes 600,000 square feet ofIndustrial use,lmd Attachment 2 shows none. Lastly, in NOPC Question No.5 and Exhibit "E" 40,000 square fed of Commercial space is proposed; however, in Attachment 2, 63,500 square feet of Commercial sp~e is deooted. These discrepancies should be explained. i \NW'w.dat.state.f1 uS C!) R~YClED rPER ! NOV-04-2002 10:58 P.03 Mr. James T. Snyder October 21, 2002 Page 2 , , 2. The calculation ofthe internal trips in Attachment 2 is incorrect. The applicant should usetheprocedb outlined in the ITE Trip Generation Handbook (Chapter 7) to document how internal capture fas calculated for this analysis. The internal capture summary sheets (matrix or "bubble diagrams") sholJld be included as an appendix. The analysis should be revised, accordingly. I 3. The pass~by trips should not exceed 10% of adjacent street background traffic during the peak.. ho"'[or 25% of the project's external retail trips, whichever yields the lower number of pass~by trips. lhe applicant did not demonstrate that these criteria have been met. Based on our review, the numbe~ of pass-by trips proposed in thi~ analysis exceeds 25% of the project's external retail trips, and is therefPre lllIacceptable. Further, the applicant has incorrectly applied the pass-by rates to the OffiCe and SJlf- Storage land uses. Pass-by credit may only be used for retail trips. The analysis should be revised, accordingly. I In conclusion. the Motorola DR! NOpe provided to the Department is not sufficient. The Department reqlts that the applicant address our comments so that we can complete our review of the NOPC. Please feel free to contact this office at (954) 777-460 f should you have any questions. Sincerely, I 'I , .E. Environmental Engineer GS:kai/cw cc: Paul Darst - DCA Bob Romig Gen')' O'Reilly JOM Krane ::; :\OPE.'l.t\Cha1l W\040ri\.'YotomlaiNOPC 1 b.dot; TOTAL P.03 . NDV-04-2002 10:11 P.01 . , , : I TREASURE COAST REGIONAL PLANNING COUNCIL 301 EAST OCEAN BOULEVARD SUITE 300 STUART, FLORIDA 34994 PHONE: 772-221-4060 FAX: 772-221-4067 FAX TRANSMISSION Date: III '1 I () 2- FaxNumber: (.s;-Ccl) 7'1? - Co '?.':1 Number of Pages (including cover sheet): l...\ i. Operator: , . To: L..U!:,I~ Get IE-v . From: "-..1 ~ m S.,~ cQe,y- Project: mo Rr'Co\ (\ I() r.<.~ Comments: , , , ! , . NDV-04-2002 10:11 I ~ --;:... I .Ilt j I '-' ~ ~r EI' .....-! ._~::: "'F-'<.-~"~~.Y 0 ,- /~ ,.......~JlJ '..JL I J---,---,cl-'- < .>rJJ_~~=~c: "" :d~ - ~:i}"'<"'~~t5f:~,~:-,-;, : ~;i~+;."-'~-;;::.t~~.~~~; IT R.ffA S=QJi: ~ ~~fr~~~N:~\.~,Po~~N~~ I ~jf~~y~~J9~l;~- I 07 "" If:= - ~ ., W):"" B '. '-l--. II 1.' i -'- .=C- =J' . "~' I i>-----iii Ji}!J-', ~ = _ 1 - ... -~ ui.L ~ a 0 ~ ~";- ~ <;~,~(~, \. ~ ~ - -_.~ ~ '! IifD~A.~~R~-Ji~~_; -.' ~-~'I~cN~"-~P~3L~-':-:B';,?A'c!~c,_;~~~ ~ure~!~~~ I ~-a-~":' -~-' ~ =- "1~~.\" r--r=';;-- ~~~l~!~f~~,<=t!l1;'1:- ~~l"'r~ '=-..:~b? ~~""~I ::}--~. ^' _ ~ -:r I tc "...."'--".-_I-~..---!'t-.,~-=-. "...,--1.,_ "o;f~"l I ~..J-:;:=,' I ," -,~;,,~""'::' ::::,. ",;;-~ ~~~-,_,-'.d' -,J'~J , , November 4, 2002 P.02 i! ~ ~chaeIVV. Flumpf Planning and Zoning Director City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach., Florida 33435 . i Subject Motorola Development of Regional Impact ! I Notification of Proposed Change : ! Dear~. Flumpf In accordance with the requirements of Section 38006(19), Florida Statutes (FS.), we have reviewed the "Notification of a Proposed Change to a Previously Approved Development ~f Flegional Impact (DRl)" (NOPe) for the Motorola DRl dated September 17, 2002. I I I The NOPC proposes to change the existing plan of development to allow development of 5~0 multi-family residential units, 450,000 square feet of office space, 63,500 square feet ofret~ space including shops and restaurants, and 128,000 square feet of self storage space. Tpe applicant has submitted additional information on October 23, 2002 requesting the inclusipn of a conversion matrix to allow changes in the plan of development to occur without the need to amend the development order. Council has the following concerns with the proposbd changes: 1) The existing Motorola DRI is approved for 625,000 square feet of industrial uses and 200,000 square feet of office use, which totals 825,000 square feet of eIiltitlemeots not 850,000 square feet. 3) Exhibit E, Substantial Deviation Detennination Chart, needs to be revised to reflect the original plan of development and the proposed changes under each applih~le land use (i.e office, industri~ retail, residential and industrial). ! The applicant did not provide data and analysis to justify the conversion matrix, ,]he calculations to determine the conversion rates and what factor (i e. water, sFfr, traffic. or affordable housing) is the more restrictive for each of the pro~osed conversions have not been proVlded by the applicant. Also, the applicant has not I 2) ., "Bringing Communities Together" . EST. 1976 1.01 E;a~t OceAn Boulevard. SUII<.; .\1)0 . SCU;tft, Florid.. )49~~ Phon.. (~'1) 221-41H:it'l _ SC 269-"'060 _ Fax (S61) 221-4067 . E-moail - AdminlliHcrnc n-r( . HDV-D4-2002 10: 12 P.D3 Mr. Michael W Rumpf November 4, 2002 Page 2 Ii provided the proposed minimum or maximum levels of development for each ofthe land uses.in the conversion matrix. ! 4) The change in land use from non-residential to residential may change traffic patterns for the project creating additional impacts to the regional roadway network. The traffic analysis should be revised to include information on the present and proposbd distnbution of traffic on the regional roadways in the area. A meeting with +e review agencies and local government should be set to discuss the proposed distribution of traffic and its potential impacts. . . The last annual report for the Motorola DR! was submitted on January 19&5. Therefore, the project is in violation of the City's development order. An ann~al . I report for the project should be subrrutted each year. If a conversion matrixi is approved, the development order should be revised to require the applicant to report use of the conversion matrix in the annual report. i I The Florida Department of Transportation has concerns with the traffic anal~iS submitted with the proposed change (see attached letter) These concerns need to ibe addressed. I The applicant has submitted additional intormation to address some of these concerhs. However, the information was not received to allow sufficient time for the review "gencies!to comment, Until the above concerns are fully addressed, CO\Ulcil objects to the proposed I change. i The Strategic Regional Policy Plan for the Treasure Coast Region encourages the fonnadon of sustainable neighborhoods and communities Sustainable communities should inc1ud~ a . I compatible mix of land uses, well designed and maintained public spaces, buildings ;(nd infrastructure, and a network of interconnected streets designed for various transporta~' on modes. Council strongly encourages continued efforts to provide for mixed-use developm nt in the City. However, it is equally important that mixed-use development is done corre ly. There must be a true integration and appropriate mix of uses, not simply more than one use Ion I the property. There should be not only a fully integrated mix of uses but also a netwar~ of streets, sidewalks, and bicycle paths and an accommodation for present or future use 1 of transit. There should be both a vertical and horizontal integration of land uses, and the land , uses should be of a type and nature that are appropriate and complementary to the area tOI be sel'led. The DRl master plan included with the proposed amendment materials does ~ot incorporate all the best components of mixed-use development Council is available to assist i the City in working with the developer of the property to ensure that the propo~ed development contains all the important components of good mixed-use development. I i , I .1 I i 5) 6) . cICV-04-2002 10: 13 P.04 Mr. Michael W. Rumpf November 4, 2002 Page 3. Please call if you have any questions Sincerely, ,r1 j (Ji ~''-4- II..) - /Lrcav' l James T. Snyder DR! Coordinator i. ~ I , , cc: Ken Metcalf, FDCA R Duke Woodson, Applicant i. , I I I , , , , . I TOTAL P.04 6.B.l MOTOROLA (LUAR 02-007) LAND USE PLAN AMENDMENT/REZONING DEVELOPMENT DEPARTMENT PLANNING 80. ZONING DIVISION MEMORANDUM NO. PZ 02-245 TO: Chairman and Members Planning and Development Board FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: November 1, 2002 PROJECT DESCRIPTION Project/ Applicant: MOTOROLA DRI/ Daryl M. Carter Maury L. Carter & Associates, Inc. Agent: R. Duke Woodson of Foley and Lardner Owner: Motorola, Inc. Location: 1500 Gateway Boulevard (Southeast corner of Congress Avenue and Gateway Boulevard). See Attachment "A". File No: Land Use Amendment/Rezoning (LUAR 02-007) Property Description: Undeveloped portion of the :t85.55 acre DRI consisting of :t49.69 acres classified Industrial (I) and zoned Planned Industrial Development (PID). Proposed change/use: To reclassify the subject portion of the property from Industrial (I) to Local Retail Commercial (LRC), and rezone from PID-Planned Industrial Development to C-3 Community Commercial in order to develop with 500 units of multi-family residential housing and 63,500 sq. ft. of commercial development. Adjacent Land Uses and Zoning: North: The developed portion of the Motorola DRI that is to retain an Industrial land use designation and PID Planned Industrial District zoning; farther north, right-of-way of Gateway Boulevard then commercial development (Shoppes of Boynton) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. South: Right-of-way of the C-16 (Boynton) Canal, then vacant property designated Moderate Density Residential (MEDR) and zoned R-1-M Single Family Residential. Page 2 File Number: LUAR 02-007 Motorola DRI East: Right-of-way of the Lake Worth Drainage District E-4 Canal, then developed property (Boynton Beach High School) designated Industrial (I) and zoned PID Planned Industrial Development (Quantum Park). West: Right-of-way of Congress Avenue then commercial development (Catalina Center) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total :t49.69 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large-scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. An exception to that rule is in the case of a Development of Regional Impact (DRI) where the law permits amendments to be adopted without being subject to the twice- yearly restrictions. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 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 land use amendment/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 comply with policies contained in the comprehensive plan. The property is not located in the hurricane evacuation zone; therefore, the prohibition against increasing residential densities does not apply. Other applicable policies from the comprehensive plan are cited below. "Policy 1.15.1 The City shall continue to allow mixed commercial/residential uses in the C-3 Community Commercial zoned portion of the Local Retail Commercial land use category and Mixed Use land use category, and Central Business zoning Page 3 File Number: LUAR 02-007 Motorola DRI districts, in accordance with the zoning regulations for these districts, where such projects would not create significant land use conflicts, and public facilities would be adequate to serve the project. . ."; and, Policy 1.19.2 The City shall provide continued effort to allow for industrial acreagei. however that Ian desi nated "Industrial" on the currentl a ed Future Land Use MaD mav be converted to commercial or residential ~esi:nations if the conversion en would whicA caR acc6ffiffi6e1at-e t-l'ic ::~~6~:~ :=~:I cmple'fffiCRt ,\'hi~ ~ ~:C: ~=~ ~:: ~t~~ ~:eI :~ ~~R1a:' t~~d t~~~i~~=;versi6~ ~f 1aA6 elc~~~~t:~ "~~~ri~" ~~ c R I . i9 Use t1ai9 uAless such c6R,,.eF516R ';;6ulel generate a range of employment choices for current and future residents, provide goods and services of regional importance, aReI retaiR re~i6Aal Rscal and ecoR6ffiic Si~RiRcaRcc. or would Drovide oDoortunities for the City to meet its Ion -ran e housin als' and ii is bun adeauate data includina market analvsis. (This language reflects a policy amendment as currently proposed in amendment cycle 1-2002.) The proposed development for the site is consistent with both of the cited policies in that it will provide both commercial and residential development. This development, as well as the redevelopment of that portion of the site remaining with an "Industrial" land use designation and PID zoning, is expected to generate employment opportunities and provide goods and services, as well as add to the range of housing opportunities in the City. 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 property owner as contrasted with the protection of the public welfare. The proposed land use amendment/rezoning would not create an isolated district, but would relate to the adjacent lands to the west across Congress Avenue that are developed with commercial uses (Catalina Center) and are designated Local Retail Commercial and zoned C-3, Community Commercial. c. Whether changed or changing conditions make the proposed rezoning desirable. There are several conditions that have changed since the DRI, consisting of :t85.55 acres, was approved in 1979. The project was originally expected to develop at buildout with a total of 825,000 square feet of industrial, research and development, and office uses. Even as planned, this was an extremely inefficient use of land, with a floor area ratio (FAR) of 0.22, compared to the maximum permitted by the development regulations (60% lot coverage x 4 stories= 2.4 FAR). As the environment of the telecommunications industry changed, the demand for the developed space lessened, and the final phase, which consisted of 200,000 square feet of office space, was never developed. Instead, Motorola has drastically reduced their operations within the city, leaving 70% of the existing facilities vacant. The current industrial market conditions remain poor. Moreover, the specialized nature of the existing buildings decreases their potential adaptability for other industrial uses. Page 4 File Number: LUAR 02-007 Motorola DRI The reduction of the local Motorola labor force over recent years has negatively impacted the local economy. The proposed reuse of the site as a multi-use development with a commercial component will serve as an employment generator, establishing a partial compensation for industrial employment losses. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The traffic analysis submitted on behalf of the applicant states that the Motorola DRI was approved for 625,000 square feet of manufacturing space and 200,000 square feet of office use. This would vest the project for 13,020 daily trips and 1,634 peak hour trips. According to that same study, the proposed development plan will be limited to only generate a comparable number of daily trips as are vested for the site. There are no projected increases in the daily and peak hour trips above the vested number. (Attachment "B") Utilizing Department of Health standards, the applicant states that when Motorola was operating at full capacity, sewage flow was estimated at 62,500 gallons per day (gpd) and the estimated water demand was 75,000 gpd. The City recognizes prior vesting (for planning purposes) in the site of 127,000 gpd each for potable water and sanitary sewer. The developer is responsible for reserving or purchasing all additional water and sewer capacity not previously purchased by the prior owners of the property. With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County has reviewed the project and approved it for school concurrency. 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. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. Refer to responses provided under items "b"and "c'; above. f. Whether the property is physically and economically developable under the existing zoning. A portion of the property is developed with 625,000 square feet of industrial space, including ancillary office and storage, and an additional 200,000 square feet of office use is approved but unbuilt. As explained in (c), the specialized nature of the existing buildings limits their potential adaptability for other industrial uses, including other desirable light industrial uses. The demand in recent years has been focused on warehousing and distribution; however, after a relatively long period of high construction activity, the local industrial markets have been negatively affected by the economic downturn. Given the overall market conditions, it may be Page 5 File Number: LUAR 02-007 Motorola DRI cost prohibitive to wait out the period of time required to locate industrial uses that would be an ideal match for this unique type and size of space. 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. Over the past decade, the concept of an industrial park has evolved from its traditional character of a basic, single use industrial area to a flexible district form featuring a mix of components tailored to the needs of local business and industrial groups. The mix may contain industrial, finance, technology and research as well as other uses, including residential and retail. The size of the Motorola DRI site makes it an ideal candidate for such redevelopment. It is expected that the master plan for the project will be developed with this concept in mind. As such, it will contribute to economic development of the City. Additionally, mixed-use developments that include housing, shopping and employment opportunities offer the possibility of internal capture of traffic that single-use developments do not. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. The site is one of the two Developments of Regional Impact in the City. The other, Quantum Park, has already almost completely developed with a mixture of industrial, commercial and residential uses. The subject site is the only other place in the City where such a mixture of uses can occur in close proximity to the retail core anchored by the Boynton Beach Mall. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "C". ATTACHMENTS J:\SHRDATA\Planning\SHARED\WP\PROJECT5\Motorola DRI\LUAR\STAFF REPORT lUAR.cIoc !- !!,! i" I Ii" z f:i ~ (J> .., .., m ;U f- (J> f- en N ;; z ,i PWI3 NW~2ND-A"~ , - PlJlD " f- (J> f- en N ;; Z "" L~ w " ;'i p z :; <{ en T'- I' ,II I, , I Ii I,; , I CAT1Ul'tA I Location Map MOTOROLA P.I.O. I; i i i i C3 'I I, I I - w ~ '" '" z 0 () 'F C3 " -.--.- i~ I BOYNTON.Q.I\IAL R1AA o /, I , . . GA:r~-W!Y~-I?t~Q :-0' ~.... ;u. a G1 m '" ~ o EXHIBIT "A" QUANTUM PARK Pig \1... . DO E-4 CANAL ,- , 1--: NvI drHAVE 0.3 Miles ;)> '" " :s '0 ;u , _ ____=--:r . '" o f" w '" ,I " !'I -:i: ~, f ji'- --, , , w-<?-' s EXHIBIT "B" PU'tDE'R TROOTMfift COftSOLTlftG. Iftc. Transportation Planners and Engineers November 1, 2002 2324 South Congress Avenue, Suite 1 H West Palm BeJch, FL 334flh (561) 4J4-1 644 F.lx 434- H)63 www.plndertroutman.conl Mr. Khurshid Mohyuddin Palm Beach County Planning 100 Australian Avenue West Palm Beach, Fl 33406 Re: Motorola DRI NOPC - #PTC02-129 Dear Mr. Mohyuddin: Attached please find a Comprehensive Plan Amendment trip generation analysis for the above referenced project The existing land use designation on the 85.54 acre site is Industrial. It is proposed to change the land use on a portion of the site. Proposed land use designations are local Retail Commercial on 45.45 acres and Industrial on the remaining 40.09 acres. City code allows 40% lot coverage and 4 stories for local Retail Commercial and 60% lot coverage and 4 stories for Industrial. The owner/developer cannot build to this intensity because of an existing ORion the property. Therefore, the owner/developer will voluntarily restrict the uses and intensities of the site. The maximum development will be limited based on the total external trips approved for the existing DR!. Attachment 1 presents a comparative trip generation analysis for the existing land use designation, proposed land use designation and the proposed development plan. The maximum 13,020 new external daily trips is the threshold currently approved under the Motorola DR!. . Please call this office is you have any comments. KMP/ldr Enclosures NO\! - 5 200l cc: Dick Hudson Jeff Douglas Duke Woodson LettcrMohyuddin02-129 11.'-02 g, ~ N N ~g9o 8S::;~ u 0 ~ >- ~. ~ ~ "* g: ,.:, o C . l!:: ci. E 8 e 11, '5 Q1 o ~ 'in >- ;;; c: < c: .2 ~ <; ;;; c: ~ '" lJ ::> Q. "'C .'" .s ,.. c: c: '" .2 c:: '" "" > c: ... 02 'in 00 C a c: 'in '" '" '" ~ ..c: a E 0 ~ 00 ..c: >- Q. c: u B E 'iij ~ o 0 'x < :Eu ..... ... ... P! ... ~ N N Z':: ~ ",. 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C a. . c c .s . . . . e 0 . 11, ." .'" ~ ~ ~ .;; , , , . . 0 Q 8 > 5 ~ 0 ~ u u . ]; ]; ]; ~ ~ ~ '" '" ~ . e .,; .,; .,; ..... , ;; ;; ;; .i >- . ~ .,; '0 . ~ ~ u ~ 0 < 0 .~ ~ g ~ .~ ~ . u .,; 0 .,; ~ E ~ . . ::: Ei '5 :!: ii) EXHIBIT "e" Conditions of Approval Project name: Motorola File number: LUAR 02-007 Reference" DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE , Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERlENVIRONMENT ALlST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: \. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: \. To be determined. S:\Planning\SHAREDI'M'\PROJECTS\Motorola DRI\LUAR\COI.doc OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT PROPOSED COMPREHENSIVE PLAN AMENDMENT CITY OF BOYNTON BEACH (DCA No. 03-D1) I. CONSISTENCY WITH CHAPTER 163, F.S., AND RULES 9J-S & 9J-11, F.A.C. The Department has completed its review of the proposed amendment to the City of Boynton Beach Comprehensive Plan (DCA No. 03-DI). The amendment involves a change to the Future Land Use Map in support of an amendment to the development order for the Motorola Development of Regional Impact. The Department has the following objection. Objection: The proposed Future Land use Map amendment is internally inconsistent with Boynton Beach Land Use Element Policy 1.19.2. which requires that a change in land use from an industrial designation to commercial be based upon adequate data including market analysis. Additionally. the proposed amendment is not supported by sufficient data and analysis demonstrating that an adequate level of service will be available to serve development based upon the maximum allowable intensity for the proposed designation. [Rule 9J-5.005(2)(a), 9J-5.005(5)(a), 9J-5.006(3)(c), 9J-5.019(3)(a) and (t), F.A.C. and Section 163.3177(2) and (IO)(h), F.S.] Recommendation: The City should ensure that the proposed amendment is internally consistent by supplying data and analysis in support of the land use conversion from Industrial to Local Retail CommerciaL The City should provide data and analysis based on the maximum allowable development intensities, for the Local Retail Commercial land use. 1. Provide adequate data, including market analysis, in support of the conversion ofland use from Industrial to Local Retail Commercial in compliance with the requirements of Boynton Beach Land Use Element Policy 1.I9.2(ii). Response: A market analysis, as prepared by the applicant, is attached as "Exhibit A ". This has been reviewed by the City's staff and found to meet the requirements of Land Use Element Policy 1.I9.2(ii). 2. Provide data and analysis for the availability of all public facilities based upon the maximum allowable development intensities for Local Retail CommerciaL The City should analyze those services and make a determination that sufficient capacity exists, with no lowering of an adopted level of service, to provide essential services based upon the maximum extent of potential development allowed. Response: A traffic analysis comparing the impacts of the maximum allowable development intensities is included in "Exhibit C". An analysis of water and wastewater facilities is provided as "Exhibit B"; however, the developers' agreement, as provided for under S 163.3220- 163.3243, F.S. limits the amount of development possible on the subject site, as well as the remainder of the DR!, which is not a part of this amendment. In additIOn. the City requires the payment of capacity reservation fees for both water and sewer services prior to issuing permits for all developments. These fees, like the City's recreation impact fees and the range of Countywide impact fees are in place solely to address the provision of infrastructure and services COncurrent with the impacts of the development. 3. Provide a traffic analysis based upon the most recently available data to address the peak- hour, peak direction, roadway level of service standards, and to determine the impact of this amendment upon the Florida Intrastate Highway System. Response: A traffic analysis based upon the most recently available data to address the peak-hour, peak direction, roadway level-of-service standards and to determine the impact of the amendment on the Florida Intrastate Highway System is attached as "Exhibit C". II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The City of Boynton Beach's proposed Comprehensive Plan amendment does not adequately address and further the following goals and policies of the State Comprehensive Plan Chapter 187, Florida Statutes. (16) Land Use Goal and Policy 5, to encourage and assist local governments in establishing comprehensive impact-review procedures to evaluate the effects of significant development activities in their jurisdictions. Recommendation: The City should revise the proposed amendment to be consistent with the State Comprehensive Plan (see specific objections, comments and recommendations included in this report). Response: Please see the responses to the three recommendations included above. Attachments: l\SHRDATA\Planning\SHARED\\VP\PROJECTS\.I,IOlOrob DRJ\Ll'AR\ORC Response rtf . . EXHIBIT A CITY OF BOYNTON BEACH INDUSTRIAL AND COMMERCIAL MARKET ANALYSIS The City of Boynton Beach is Palm Beach County's third-largest municipality, with a population of approximately 60,500 residents. The City's population grew 30 percent between 1990 and 2000 and is projected to grow approximately 3 percent annually during the next 10 years. Residential and non-residential growth in the City mirrored its population increase during the period from 1990 to 2000. The number of housing units in the City rose from 25,544 in 1990 to 30,643 in 2000. During that period, the City issued building permits for 2,468 single-family and 3,277 multi-family residential units within the municipal boundaries. A majority of the multi-family units constructed were apartments. According to The Development Atlas of Boynton Beach, Florida, prepared by the City's Planning and Zoning Division in May 2002 (the "Development Atlas"), the number of single-family building permits issued by the City each year has been declining since 1997, while the number of multi-family residential permits approved each year has increased. "Economic cycles aside, these trends are likely to continue. Both the limited amount of vacant residential land within the city and future redevelopment scenarios, with possibility of increased densities, will encourage multi-family housing," according to the Development Atlas. The amount of commercial and industrial development in the City between 1996 and 2001 fluctuated based on economic conditions. In 1996, there were 351,918 square feet of commercial and industrial facilities constructed in the City, with that number increasing to a peak of 723,412 square feet in 1999 and declining to 378,003 square feet in 2001. Industrial development comprised 401,973 square feet of the numbers referenced above in 1999 and 251,657 square feet in 200 I, despite poor local economic conditions. The taxable values of residential and non-residential properties within the City increased 42.5 percent from 1993 to 2001. The total taxable value of residential properties increased from $1,095,335,716 in 1993 to $1,671,747,547 in 2001, an increase of 52.6 percent. The total taxable value of commercial properties increased from $390,772,702 in 1993 to $554,030,196 in 2001, a 41.8 percent increase. For industrial properties, the total taxable value increased from $147,314,213 in 1993 to $176,928,582 in 2001, a 20.1 percent mcrease. 006.287405.1 . . All parcels within the City have been designated with one of the following land use categories: Land Use Acrea2e Percent of Total Residential 6,670.81 acres 66.31 percent Commercial 1,317.78 acres 13 . 10 percent Industrial 972.39 acres 9.67 percent Agricultural 49.77 acres 0.49 percent Recreation 732.01 acres 7.28 percent Public/Private Institutions 317.66 acres 3 . 16 percent Of the land uses listed above, there are 192 vacant commercial parcels totalling 299 acres. Out of those 192 commercial parcels, 58 are more than two acres in size and 110 are smaller than one acre in size. There are also 37 vacant industrial parcels that total 192 acres. Of those 37 industrial parcels, 13 are more than two acres in size and 7 are smaller than one acre in size. There are also few remaining residential parcels. As of March 2002, there were only seven residential parcels, totalling approximately 300 acres, remaining in the City that were larger than two acres. The total number of residential dwellings approved to be constructed on those parcels is 1,758 units. The data regarding vacant land presented above is evidence that the City is quickly running out of developable land and will soon be built out. Thus, it is imperative that City leaders allow the highest and best uses to be made of all remaining vacant land, regardless of the current land use and/or zoning designations of the parcels. The new owners of the Motorola DR! are seeking to amend the land use designation of the property from Planned Industrial District (all 87.4 acres) to Industrial (39.3 acres) and Local Retail Commercial (48.1 acres). The reason for the proposed land use change is simple: Motorola, once the second-largest employer in the City, has all but shut down its operations in Boynton Beach, leaving a vacant, technologically outdated facility on the property. As indicated in the Development Atlas, the share of manufacturing employment within the City "has dropped significantly in recent years, mainly due to loss of employment at Motorola." The peak employment at the Motorola facility was 2,700 workers. The current number of employees is less than 500. The combination of the loss of manufacturing jobs combined with annual increases in the amount of industrial building space available in the City has resulted in a high vacancy rate for such facilities. That vacancy rate does not include the 37 vacant industrial parcels located within the City. Thus, the demand for construction of additional industrial facilities in the City will be low for years to come. 006.287405.1 2 . .. In contrast, the needs for additional multi-family housing stock, with related commercial enterprises, will be very high during the next few years. There are few vacant residential properties remaining in the City, particularly parcels that are more than two acres in size. Because the City is facing build out, leaders have had to make difficult decisions about what to do with the remaining vacant land. Certainly, City leaders want to have the last vacant parcels developed with facilities that would constitute the highest and best uses of the land. In the case of the Motorola property, City leaders have tried for years to attract a new manufacturing venture to that site, with no success. Those leaders have now determined that converting the existing Motorola manufacturing facility to an industrial and office complex and allowing development of vacant land on the site for residential and ancillary COmmercial uses not only is the best use for the property but will generate the most tax revenue for the City in the long term. The land use and facility availability data presented in this report clearly indicates that the conversion of the Motorola property from a solely manufacturing facility to a multi-use project is supported by the real estate and employment markets for the area, as well as by City leaders. 006.287405.1 3 EXHIBIT B ANALYSIS PROVIDED BY CITY OF BOYNTON BEACH WATER UTILITIES DEPARTMENT Taken at a retail rate of usage, based upon our Code, the demand for 3,463,543 square feet of retail stores would be: Water: 432,947 gpd Sewer: 346,358 gpd This would likely be more intensive than most industrial uses. It also exceeds the volume based upon earlier estimates for the apartment/office/commercial combined site which is planned to occupy the entire 85.55 acres or the DRI as shown on the attached Table 1: n:: w >- <l: =: ;;: 0 ...J U. ...J <l: >- 0 >- 0 0 0 0 0 0 "' 0 0 '" 0 0 N "" 0 0 ..... ..... N '" C "' 0 "" ..... ..... "' '" "" ~ en ..... "' ..... OJ OJ N ",. a. 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