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APPLICATION . I PROJECT NAME: Boynton Village LOCATION: PCN: I FILE NO.: LUAR 04-006 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: Klatt Family Limited Partnership Ruden, McCloskey, Smith, Shuster & And Klatt Enterprises Inc. Russell, P .A. ADDRESS: 9290 Nickels Road Boynton ADDRESS: 222 Lakeview Avenue Suite 800 Beach, FL 33425 West Palm Beach, FL 33401 FAX: FAX: 514-3442 PHONE: - PHONE: 838-4542 Date of submittaI/Proiected meetinl!: dates: SUBMITTAL / RESUBMITTAL 4/1/04 1 ST REVIEW COMMENTS DUE: N/A PUBLIC NOTICE: Mail : 5/24/04 Publish: 6/12/04 6/22/04 TRC MEETING: N/A LAND DEVELOPMENT SIGNS POSTED N/A (SITE PLANS): PLANNING & DEVELOPMENT BOARD 6/22/04 MEETING: COMMUNITY REDEVELOPMENT N/A AGENCY BOARD CITY COMMISSION MEETING: 7/6104 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1 \LUAR 04-006\2004 PROJECT TRACKING INFO.doc APPLICATION ACCETABLE DATE: RECEIVED BY STAFF MEMBER: FEE PAID: RECEIPT NUMBER: .., HAS APPLICANT ATTENDED A PRE-APPLICATION MEETING? Yes DATE: 03/10/04 CITY OF BOYNTON BEACH, FLORIDA PLANNING & DEVELOPMENT BOARD LAND USE AMENDMENT ANDIOR REZONING APPLICATION This application must be filled out completely and accurately and submitted, together with the materials listed in Section II below, in two (2) copies to the Planning Division. Incomplete applications will not be processed. PLEASE PRINT LEGIBLY OR TYPE ALL INFORMATION. I. GENERAL INFORMATION 1. Project Name: Boynton V.il:lage 2. Type of Application (check one) x a. Land Use Amendment and Rezoning b. Land Use Amendment Only c. Rezoning only 3. Date this application is accepted (to be filled out by Planning Division) 4. Applicants Name (person or Business entity in whose name this application is made) 1950 Congress Avenue LLC Address: 980 North Federal Highway, Suite 200 Boca Raton, FL 33432 Phone: 561-391-6570 (Zip Code) FAX: 561-391-2423 5. Agent's Name (person, if any, representing applicant Address: Ruden, McClosky, Smith, Schuster & Russell. P.A. (Kim Glas-Castro, AlCP and Bonnie Miskel, Esq.) 222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401 Phone: 561-838-4542 (Zip Code) FAX: 561-514-3442 , " " " ..... } ..' ", 6. Property Owner's (or Trustee's) Name: The Klatt.FamilY Limited Partnershin #1 and Klatt Enterprises. Tn~. Address: 9290 Nickels Blvd. Boynton Beach, FL 33425 (Zip Code), , Phone: FAX.: 7. Correspondence Address (if different than 'applicant or agent)" "This is the only address to which ~II agendas, letters, and other materials w1111?e ~~ ' 8. What is the' applicant's interest in the subject parcel: (Owner, Buyer, Lessee, Builder. Developer, Contract Purchaser, etc.) Contract Purchaser I Developer 9. , Street Address or Location of Subject Parcel: NE Corner of Old Boynton Road and Congress Avenue PCN (s) 08-43-45-20-01-000-0680 and 08-43-45-20-01-000-0090 , ' 10. Legal Description of Subject Parcel (please also provide on disk in "Word" format): See Attached 11. Area of Subject Parcel (to nearest hundredth (1/100) of an acre: 81.81:/t acnB 12. Current Land Use Category: Moderate Density Residential 13: Proposed Land Use Category: Mixed Use-Suburban 14. Current Zoning District: RIM 15. Proposed Zoning District: SMU 16 Intended use of subject parcel: Mixed use (retail office & residential) 17. Developer or builder: 1950 Congress Avenue LLC 18. Architect: DTI 19. .',1' 20. 21. ", 22. 23. Landscape Architect: (DTI) Design Tech International Site Planner: DTI Civil Engineer: DTI Traffic Engineer: Pinder Troutman Surveyor: Davis & Purmont II. MATERIALS TO BE SUBMITTED WITH APPLICATION The following materials shall be submitted in two (2) copies, unless otherwise indicated: " (please check) La. This application form. Lb. A copy of the last recorded warranty deed. /(1) LC. The following documents and letters of consent: _(2) ~) _(4) If the property is under joint or several ownership: a written consent to the application by all owners of record, If the applicant is a contract purchaser: a copy of the purchase contract and written consent of the owner and seller, and , " If the applicant is represented by an authorized agent: a copy of the agency agreement, or written consent of the applicant, and If the applicant is a lessee: a copy of the lease agreement, and the written consent of the owner, and If the applicant is a corporation or other business entity: the name of the officer or person responsible for the application, and written proof that said person has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact .an officer of the corporation. ..::::::cr. A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida, dated not more than six (6) months prior to the date of submission of the application, at a scale prescribed by the Planning Division, and containing the following information: _(5) L('1) L(2) J0~J3) An accurate legal description of the subject parcel. A computation of the total acreage of the subject parcel to the nearest hundredth (1/100) of an acre. A tree survey, which conforms to the requirements of the City of Boynton Beach Tree preservation Ordinance. (Also refer to Page 6, Sec. II h.(12) of this application if property is occupied by native vegetation.) This requirement may be waived by the Planning Director where found to be unrelated to the land use or zoning issues involved with the application. Le. Lf. A. ., , A complete certified list of all property owners, mailing addresses, and h;~gal descriptions for all . properties within at least four hundred (400) feet of the subject parcel as recorded in the latest official tax rolls in the county courthouse shall be furnished by the applicant, including a tax map showing placement of 400 feet boundary. Postage, and mailing labels or addressed envelopes must also be provided. Said list shall be accompanied by an affidavit stating that to the best of the applicant's knowledge said list is complete and accurate. Notification of surrounding property owners will be done by the City of Boynton Beach. A copy of the Palm Beach County Property Appraiser'S maps showing all of the properties referred to in paragraph e. above, and their relation to the subject parcel. A statement by the applicant justifying the zoning requested, including reasons why the property is unsuitable for development under the existing zoning and more suitable for development under the proposed zoning. The statement should address the following criteria which .the Planning and Zoning Division utilizes in evaluatiflg land use amendment and rezoning applications: I 1) Whether the proposed land use amendment/rezoning would be consistent with applicable comprehensive plan policies. The division shall also recommend limitations or requirements that would have to be imposed on subsequent development of the property in order to comply with policies contained in the comprehensive plan. 2) Whether the proposed land use amendment/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. 3) Whether changed or changing conditions make. the proposed land use amendment/rezoning desirable. 4) Whether the proposed land use amendment/rezoning would be compatible with utility systems, roadways and other public facilities. 5) Whether the proposed land use amendment/rezoning would be compatible with the current and future use of adjacent and nearby properties or would affect the property values of adjacent and nearby properties. 6) Whether the property is physically and economically developable under the existing land use designation/zoning. 7) Whether the proposed land use amendment/rezoning is of a scale that is reasonably related to the needs of the neighborhood and the city as a whole. 8) Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. Lh. A comparison of the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the existing zoning, which will include: -Lf1) A comparison of the potential square footage of number and type of dwelling units under the existing zoning with that which would be allowed under the proposed zoning or development. /(g) pb(10) N t'i11) ~(12) population under the existing zoning.. Population projections according to age groups for the proposed development shall be req\Jired where more than fifty (50) dwellings, or 50 sleeping rooms in the case of group housing, would, be allowed under the proposed zoning. At the request of the Planning Division, Planning and Development Board, or City Commission, the applicant shall also submit proposals for minimizing land use conflicts with surrounding properties. The applicant shall provide a summary of the nuisances and hazards associated with development under the proposed zoning, as well as proposals for mitigation of such nuisances and hazards. Such summary shall also include, where applicable, exclusion of particular uses, limitations on hours of operation, proposed location of loading areas, dumpsters, and mechanical equipment, location of driveways and service entrance, and specifications for site lighting. Nuisances and hazards shall be abated or mitigated so as to conform to the performance standards contained in the City's zoning regulations and the standards contained in the City's noise control ordinance. Also, statements concerning the height, orientation, and bulk of structures, setbacks from property lines, and measures for screening and buffering the proposed development shall be provided. At the request of the Planning and Development Board or City Commission, the applicant shall also state the type of construction and architectural styles that will be employed in the proposed development. At the request of the Planning Division, Planning and Development Board, or City Commission, the applicant shall also submit the following information: , _(a) Official soil conservation service classification by soil associations and all areas subject to inundation and high ground water levels. _(b) Existing and proposed grade elevations. _(c) Existing or proposed water bodies. _(d) Form of ownership and form of organization to maintain common spaces and recreation facilities. _(e) A written commitment to the provision of all necessary facilities for storm drainage, water supply, sewage collection and treatment. solid waste disposal, hazardous waste disposal, fire protection, easements or rights-of-way, roadways, recreation and park areas, school sites, and other public improvements or dedications as may be required. For rezonings to planned zoning districts, the specific requirements for submission of applications for rezoning to such districls shall also be satisfied. Furthermore, all materials required for a subdivision master plan shall also be submitted. Where conformance with the county's Environmentally Sensitive Lands Ordinance is required, an Application for Alteration of Environmentally Sensitive Lands (Environmental Impact Study) must be submitted to the Palm Beach County Department of Environmental Resources Management (copy to City) prior to or concurrent with the submittal of the Land Use Amendment and/or Rezoning Application to the City. .....-13) All applications for a land use amendment and rezoning for any residential T' development submitted after June 27, 2002 must submit a School Concurrency Application and Service Provider Form. Applications are not deemed complete " ,,0.:1 ~ A statement of the uses that would bl;lallowed in the proposed zoning or development, and any particular uses that would be excluded. 63) Proposed timing and phasing of the development. L(4) For proposed zoning of property to commercial or industrial districts, where the area of the subject parcel. exceeds one (1) acre, projections for the number of employees. --d5) A comparison of traffic which would be generated under the propOsed zoning or development, with the traffic that would be generated under the current zoning; also, an analysis of traffic movements at the intersections of driveways that would serve the property and surrounding roadways, and improvements that would be necessary to accommodate such traffic movements. For projects that generate more than five hundred (500) net trips per day, a traffic impact analysis must be submitted which complies with the Municipal Implementation Ordinance of the Palm Beacl:l County Traffic Performance Standards Ordinance. . NOTE: /(6) ~7) /(8) ,,' , I' , (a) For projects that generate two thousand (2,000) or more net trips per day, the traffic impact analysis must be submitted to the City at least 30 days prior to the deadline for land use amendment andlor rezoning, in order to allow for timely processing of the application and review by the City's traffic consultant and Palm Beach County. The applicant shall be billed for the cost of review by the City's traffic consultant. (b) For projects that generate between five hundred (500) and two thousand (2,000) net trips per day, the traffic impact analysis must be submitted at the application deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by Palm Beach County. However, if it is the desire of the applicant to utilize the City's traffic consultant for review of the traffic impact analysis prior to review by Palm Beach County, then the procedure and requirements outlined under item "a" above shall be followed. Failure to submit traffic impact analysis in the manner prescribed above may delay approval of the application. For parcels larger than one (1) acre, a comparison of the water demand for development under the proposed zoning or development with water demand under the existing zoning. Water demand shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such demand, unless a registered engineer justifies different standards. Commitment to the provision of improvements to the water system shall also be included, where existing facilities would be inadequate to serve development under the proposed zoning. For parcels larger than one (1) acre, a comparison of sewage flows that would be generated under the proposed zoning or development with that which would be generated under the existing zoning. Sewage flows shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such flows. unless a registered engineer justifies different standards. Commitment to the provision of improvements to the sewage collection system shall also be included, where the existing facilities would be inadequate to serve development under the proposed zoning. For proposed residential developments larger than one (1) acre, a comparison of the projected population under the proposed zoning or development with the projected ., until the City receives notification from the Palm Beach County School District III. APPLICATION FEES Fees shall be paid at the time that the application is submitted, according to the fees which have been adopted by ordinance or resolution. The Planning Division will inform the applicant as to the fees which are required. All fees shall be paid by check, payable to the City of Boynton Beach. IV. Representative of the project must be present at all Technical Review Committee, Planning and Development and City Commission meetings held to review this project. SPACE BELOW THIS LINE FOR OFFICE USE ONLY " " Review and Processing Schedule: _Date Accepted by Planning .Division _Date Transmitted to City Clerk _Date Notifications Mailed to Surrounding Property Owners Dates of Advertisement in Newspaper (rezoning and/or land use amendment) _Dates of Advertisement in Newspaper (annexa/ion) Date of Transmission of Departmental Review Forms to Department Heads - " _Date of Review by Technical Review Committee _Date of Pre-Hearing Conference _Date of Public Hearing Before Planning & Development Board _Date of Public Hearing Before City Commission _Date of Transmission of Proposed Comprehensive Plan Amendment to Florida Department of Community Affairs, pursuant to Florida Statutes, F.S. 163.3184 (1) (a) _Date of Transmission of Proposed Comprehensive Plan Amendment to Other Governmental Agencies Requesting Notification, Pursuant to Florida Statutes, F.S. 163.3184 (1) (b) _Date of Receipt of Notice from Florida Department of Community Affairs Regarding Comprehensive Plan Amendment, pursuant to Florida Statutes, F.S. 163.3184 (4) _Date of Hearing Before Florida Division of Administrative Hearings, Pursuant to Florida Statutes, F.S. 163.3184 (5) (b) Date of Hearing Before City Commission on Revised Comprehensive Plan Amendment, -Pursuant to Florida Statutes, F.S. 163.3184 (6) (a) _Date of Transmission of Revised Comprehensive Plan Element to Florida Department of Community Affairs, Pursuant to Florida Statutes, F.S. 163.3184 (6) (a) _Date of Receipt of Notice from Florida Department of Community Affairs Regarding Revised Comprehensive Plan Amendment ,,' Date of Hearing Before Florida Division of Administrative Hearings, Pursuant to Florida Statutes, - " F.S. 163.3184 (7). . , ' _Date of First Reading of Ordinance to Annex _Date of First Reading of Ordinance to Rezone and Amend Future Land Use Map _Date of Second Reading of Ordinance to Annex _Date of Second Reading of Ordinance to Rezone and Amend Future Land Use Map _Date of Expiration of Zoning _Date of Expiration of Time Extension for Zoning .... . AGENT CONSENT FORM STATE OF FLORIDA ) )ss: COUNTY OF VJ;;;gu '6~ BEFORE ME, this day, personally appeared BILL R. WINCHESTER ("Affiant"), who being duly sworn, deposes and says that: 1. THE KLATT FAMILY LIMITED PARTNERSHIP #1, a Florida limited partnership ("Partnership"), is the owner of a portion of the real property legally described in Attachment "A", and KLATT ENTERPRISES, INC., a Florida corporation, is the owner of the remainder ("Enterprises"). 2. Affiant is the President of KLATT, INC., a Florida corporation, which is the general partner of Partnership, and he is also the President of Enterprises. 3. In his capacity set forth in Paragraph 2, above, Affiant, on behalf of Partnership and Enterprises, designates the Authorized Agents designated below to act on behalf of Partnership and Enterprises for the purposes of seeking a change to the Future Land Use Map designation and/or Zoning classification of the real property legally described in Attachment "A", 4. Affiant has examined the foregoing Future Land Use Map amendment and/or Rezoning application and understands how the proposed change may affect the real property legally described in Attachment "A". FURTHER AFFIANT SAITH NOT. dip J! ~:.~) BILL R. WINCHESTER 9290 Nickels Boulevard Boynton Beach, Florida 33436 Authorized Agent(s): 1950 Congress Avenue LLC and Ruden McClosky WPB:177584:1 - .- , STATE OF FLORIDA ) jJ L/:;J~ ~ J;~ / COUNTY OF Y ~L;/c.-J~~ The foregoing instrument was acknowledged before me thi~ day of ~/'/ .() 2004, by BILL R. WINCHESTER, as President of KLATT, INC., a Florida corpor on, general partner of THE KLATT F AMIL Y LIMITED PARTNERSHIP # 1, and as President of KLATT ENTERPRISES, INC. He is l/1lersonally known to me or _ has produced a current Florida driver's license as identification. ~\\\\\IIIIIIIIIIII, ~"\~\I~/I. S. C-4l'll~ * ~r- ....... '1U ~ * <(; ..~~y.\SSION;.:..lPO~ ~ -....;. Q""' 1 "1;<)- ~ ..;:- ...:.....u ~~'Qe{ '<a ~.. ~ My Notary Seal: ~ :::s aO 'b <;;,\ ~ MyCommissionNumber:~*~ ... ~*~ .. . ~~. #DD030543 '?fO: My CommissIOn Expires: ~0"'~/L~., /9'!$ ~~ e. ~ .-rS5* ~ Y . 'lIDI/c .. '<;~,~ ~ ,.0,,1'......... o~ ~ 'II, "lie ST~"II' ~", 1IIIIIIilllll\lIl\' otary Public, State of Florida WPB:177584:1 V. APPLICANT'S OWNERSHIP AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH ----------------------1 .~ WHO BEING BEFORE ME THIS DAY PERSONALLY APPEARE DULY SWORN, DEPOSES AND SAYS THAT: 1. He/she is lh I : . , or the owner's authorized agent, of the real property legally described in Attachment A; 2. He/she understands the Future Land Use Map amendment and/or Rezoning application fee is nonrefundable and in no way guarantees approval of the proposed amendment; 3. The statements within the Future Land Use Map amendment and/or Rezoning application are true, complete and accurate: 4. He/she understands that all information within the Future Land Use Map amendment and/or Rezoning application is subject to verification by City staff: 5. He/she understands that false statements may result in denial of the application; and 6. Helshe understands that he/she may be required to provide additional information within a prescribed time period and that failure to provide the information within the prescribed time period may result in the denial of the application. FURTHER AFFIANT SA YETH NOT. _ ~oreQoing instrum.~ . .- .. '.I. -~ wn to me identification and ho did (did not) take an oath. I ,~" _ c--.~ 'gnature of Person Taking Acknowledgment) sa nowledged before me this ;j~ay of I', - _ . ., ,. (Name of Person Ackno ,,'-:;'!'''t'.;, .l'~,\....P~,\ CLAUDETTE DIAMOND OMMISSION I DO 224139 EXPIRES: Jun. 19, 2007 BondedThru NotalYP\.tlIic Unc!erwrilers o Applican 's ame (Print) C)iJ ,))rrtt'l ~j I+(Cl447 Street Address rsoc.o< fle-J;,n / FL 33 '/72- City, State, Zip Code Telephon~lif!/ (., 5-/1) (Name of Acknowledger Typed, Printed or Stamped) (Titte or Rank) - .- ". ~i.~oi'.~E ",".f,i (Serial Number. if any) (Notary' Seal) Authorized Representative: Ruden McClosky .. ""1 V. APPLICANT'S OWNERSHIP AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH I BEFORE ME THIS DAY P~RSONALL Y APPEARED .Y Jl'\ ~ \r. So. ~-wHO BEING DULY SWORN, DEPOSES AND SAYS THAT: , 1. He/she is the Q'''ner. or the owners authOrized agent, of the real property legally described in Attachment A; 2. He/she understands the Future Land Use Map amendment and/or Rezoning application fee is nonrefundable and in no way guarantees approval of the proposed amendment; . 3. The statements within the Future Land Use Map amendment and/or Rezoning application are true, complete and accurate; . '. 4. Helshe understands that all information within the Future Land Use Map amendment and/or Rezoning application is subject to verification by City staff; 5. He/she understands that false statements may result in denial of the application; and' 6. He/she understands that he/she may be required to provide additional information within a prescribed time period and that failure to provide the information within the prescribed time period may result in the denial of the application. FURTHER AFFIANT SAYETH NOT. '. d,>t- 1\ ~ . ~ The for oing instrume was acknowledged before me this ~ day of ~.1\J\.3. ,20 DlI. , by . _ ~ <:.-s\cC) (Name of Person Acknowledging) who is personally known to me or who has produced (type of identification) as identifi tion and who did (did not) take-;lTI oath. I} \\. r /'>, c- M. Ji,,,L ~~~ ure of Person Taking Acknowledgment) Applicant's Signature '\ K\()J C;l.u~-G<;:~~ (Name of Acknowledger Typed, Printed or Stamped) ~. ... M~pplicant's Name (Print) : ;<-~f\'\ I ~ UP~~ L _ '* ?-~6t l D..1c.o~~ l'-.l 1'.~K\:'~ (Title or Rank) Street Address \.0 .e ~ fl.- '33li~ 1 I City, State, Zip Code Telephone (~t <g~' '1sLJ ~ (Serial Number, if any) (Notary' Seal) ..,.... Jone! M Hood !~..... My CommisIlon D0252CD '1.1 Expireo December 11.2Oll1 Agent Representing Applicant: Ruden McClosky ..' NOTICE OF AFFID'A VIT ,',' STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME THIS DA Y PERSONALLY APPEARED Kim Glas-Castro. AICP (print, type or stamp name) WHO BEING DULY SWORN, DEPOSES AND SAYS: 1. The attached property owners list is, to the best of my knowledge, a complete and accurate list of all property owners, mailing addresses and property control numbers as recorded in the latest official tax rolls obtained from the Property Appraisers Office in the County Courthouse for all property within 1400 feet of the property which is the subject of this request. . 2. The attached property owners list includes, to the best of my knowledge, all affected property owners, municipalities, coUnties, homeowner associations, and property owner associations in accordance with the requirements of the City of Boynton Beach. ~ ~G;~ Signature S1. A The foregoing instrument was acknowledged befqre me this L day of J:i~f\.'\ \ .20Q,l{ by ~!"\ G Co. ~- G.s\rv(name of person acknowledging),' who is [ ] personally known to me or who has produced [ ] (type of identification/..J one) as identification and who did/did not (circle one) take an oath. / -1-uz">> /If. ;J,-vL Si~' 6fPerson /faking Acknowledgment /. (/ Name of Acknowledger ",...~ Janet M Hood . ~ . My CommiHion 002_ '\..;.,1 Expire> Oecembe"O.2lXI7 Title or Rank NOTARY'S SEAL Serial Number Re: Boynton Place WPB:167775:1 . " ,',I Bovnton Place " PARCEL 1: Lots 68 through76, inclusive, Lot 77, ~est of the E-4Canal, Lots 78, Lots 79 and 80 (Less the South 20 of the Boynton Road right of way), Lot 81 (Less Boynton Road and Congress Avenue rights of way), Lots 82 through 93, inclusive (Less the West 60 feet for Congress Avenue right of way) and abandoned 30 foot roads adjacent to said lots; all located in Section 20, Township 45 South, Range 43 East, according to the Palm Beach-Miami Land and Development Company's Plat thereof recorded in Plat Book 7, Page 20, thereof, in the Office of the Clerk of the Circuit Court, Palm Beach County, Florida LESS AND EXCEPT that portion shown as Parcel "7" in the certain Order of Taking in favor of Palm Beach County recorded in Official Records Boq,k 3,~89, Page 1114. LESS AND EXCEPT that portion shown as Exhibit "A" in that certain Warranty Deed conveyed to Florida Power and Light Company as recorded in Official Records Book 4822, Page 416. LESS AND EXCEPT that portion shown as Exhibit "A" in that certain Quit Claim Deed conveyed to Wal-Mart Stores East, Inc., an Arkansas corporation recorded in Official Records Book 11714, Page 878. PARCEL 2: All of LAKE BESSIE and the lands adjacent thereto, lying North of Boynton West Road, West of the E-4 Canal and East of Lots 68 to 76, included on the Plat of Section 20, Township 45 South, Range 43 East, according to the Palm Beach-Miami ,,'j- ., , .' Land and Development Company's Plat thereof recorded in Plat Book 7, Page 20, thereof, in the Office of the Clerk of the Circuit Court, Palm Beach County, Florida, LESS a parcel conveyed to the City of Boynton Beach recorded in Quit Claim Deed recorded in Official Records Book 2223, Page 752.. LESS AND EXCEPT that portion shown as Exhibit "A" in that certain Warranty Deed conveyed to Florida Power and Light Company as recorded in Official Records Book 4822, Page 416. LESS AND EXCEPT that portion shown as Exhibit "A" in that certain Quit Claim Deed conveyed to Wal-Mart Stores East, Inc., an Arkansas corporation recorded in Official Records Book 11714, Page 878. Said lands situate, lying and being in Palm Beach County, Florida. Subject to all easements, reservations and rights-of-way of record. .legals\winchester Note: "parcels" in description do not correspond to the boundaries of Boynton Place I and Boynton Place II subsequent legal descriptions of the commercial and mixed use areas are being developed I Ruden ~~ McClosky 222 LAKEVEW AVENUE 5 U1TE 800 WEST PAlM BEACH, FL~IDA 33401-6112 (561) 838-4542 FAX: (561) 514-3442 KIM.GLASCASTRQ@R U~ N.COM 5/7/2004 BOYNTON VILLAGE Comprehensive Plan Amendment and Rezoning Comprehensive Plan Amendment (Text Amendment and Land Use Change) SUBURBAN MIXED USE CATEGORY: 1950 Congress Avenue, LLC, (the "Applicant") is requesting amendments to the Boynton Beach Comprehensive Plan in conjunction with the proposal of a mixed use development on 8 I -acres across from the Boynton Beach Mall. These proposed comprehensive plan amendments are submitted to coincide with the City's second round of amendments for 2004. The Applicant proposes a text addition to the Future Land Use Element to add a sub- category of the current Mixed Use land use designation. Currently, the Mixed Use land use designation is intended for application within the City's downtown and community redevelopment area. The proposed sub-category will establish a mixed use designation for the suburban area west ofInterstate 95. The proposed Mixed Use-Suburban designation promotes a mixture of land use types within a single development project. These uses may be arranged vertically or horizontally, and are to be integrated through project design, layout, architecture and amenities. The proposed Mixed Use-Suburban category provides maximum intensities: up to 20 dwelling units per acre for residential use and up to 1.0 FAR for nonresidential/mixed use structures. The Applicant proposes to change the land use designation on the subject property from Moderate Density Residential (up to 7.26 dulac) to the new Mixed Use-Suburban land use. WPB:17550U RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL. P.A. CARACAS -FT. LAUDERDALE. MIAMI- NAPLES. PORT ST. LUCIE . SARASOTA- ST. PETERSBURG. TALLAHASSEE. TAMPA -WEST PALM BEACH Page 2 Rezoning REZONING TO SUBURBAN MIXED USE DISTRICT (SMU) The Applicant is requesting rezoning of :t: 81 acres of the subject property to the Suburban Mixed Use District and approval of a SMU Master Plan for Boynton Village. Consistent with the criteria contained in Section 9.C.2. of the Zoning regulations, the Applicant offers the following for the City's consideration: a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies. The proposed rezoning to SMU is consistent with the proposed land use designations of Mixed Use-Suburban (being concurrently processed). Rezoning to SMU will enable a viable mixed-use community to be planned and built on the Property versus a single-use project. 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. Rezoning to SMU will promote efficient use of the subject property. The subject property's size and location presents ideal characteristics for a mixed-use project that will complement the Congress Avenue corridor. The proposed mix of uses that are afforded by the rezoning will complement the adjacent shopping centers and business parks. Uses and buildings will complement one another, internally, as well as with adjacent properties' improvements. The SMU district is consistent with the (proposed) zoning on the property to the north, and is compatible with surrounding C-3 properties. c. Whether changed or changing conditions make the proposed rezoning desirable. The subject property is currently underutilized as an agricultural operation. The R1AA zoning allows single family residential up to 5.4 units per acre. Rather than a single-use development project, the rezoning will allow progressive design principles to be utilized to development the site. Rezoning to SMU will provide the zoning parameters necessary to design a viable mixed-use development project. d. Whether the proposed rezoning would be compatible with utility systems, roadways, and other public facilities. The proposed rezoning and resulting mixed-use development project will not negatively impact public facilities and services. The proposed development will meet the adopted level of service standards established pursuant to the City's concurrency management system. A traffic study is being submitted as part of the request to document the proposed mixed use project's impact on the surrounding roadway network. WPB:175501:7 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE . MIAMI' NAPLES' PORT ST.LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE . TAMPA 'WEST PALM BEACH Page 3 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 and nearby properties. The proposed rezoning to SMU is compatible with adjacent uses: SMU to the north (proposed for Renaissance Commons); C-3 south and west; and RIM to the east. The subject property is generally separated from adjacent properties by roadways or canals, with the exception of the commercial tract at the comer; however, the buildings, uses and architectural elements that will be utilized along the site's perimeters will be harmonious with and complement existing buildings and uses on neighboring properties. Residential uses will be located adjacent to existing residential uses on adjacent properties, and building heights will be tiered, consistent with the SMU provisions, to provide lower structures on the property perimeters and higher structures internal to the project. Landscape buffers will enhance overall aesthetics of the project and promote compatibility between the subject property and other properties. f Whether the property is physically and economically developable under the existing zoning. Currently zoned as RIM, the property sits underutilized. Rezoning to SMU will enable an economically viable, timely development project to be developed on the site. The proposed mixed use project will make available the residential uses that could be built pursuant to the existing RIM zoning, as well as nonresidential uses that will compliment the residential use with personal and retail services and employment opportunities. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The size of the Winchester property lends itself to a large master-planned project. Rezoning to SMU will allow a mixture of uses on the property. This compares with a typical residential planned unit development, or with subdividing the property into individual, marketable parcels that are sold off as stand-alone uses. The proposed SMU district allows for a master-planned development to be designed on the site to ensure integration of uses, sharing of infrastructure, and harmony in architecture and site design. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. While mixed-use projects are encouraged in the City's downtown, no site provides the same opportunities (size, location and availability) for planning a mixed-use development project. The proposed rezoning to SMU allows the considerations needed to assimilate different uses in a harmonious manner, and take advantage of efficiencies that are afforded by close proximity. The separate zoning districts requested for Boynton Village will allow the integrity of the SMU provisions to be maintained, yet allow a major retailer to be associated with the project to ensure its viability. WP8:175501:7 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS - FT. LAUDERDALE - MIAMI- NAPLES - PORT ST. LUCIE - SARASOTA- ST. PETERSBURG -TALLAHASSEE - TAMPA-WEST PALM BEACH Page 4 SMU Master Plan A Boynton Village conceptual Master Plan has been submitted, which proposes the following uses for the SMU: 1,120 multi-family residential units 149,000 s.f. retail 10,000 s.f. office The Applicant offers documentation to demonstrate new demand generated by development under the proposed zoning (SMU). The Applicant feels that any impacts can be mitigated to ensure compliance with concurrency requirements. The proposed development program for the 81-acre mixed use project represent a sub- DR! threshold project for a three-use multiple use development project. The proposed uses calculate to 107% of the DRI threshold, which is below the 160% level at which a project is considered a development of regional impact I . This compares to the 588 residential units that could be developed pursuant to the maximum density allowed by the existing Moderate Density Residential land use category. As a residential planned development with a community-serving commercial pod, the subject property could support 588 residential units and 4 acres of commercial uses (4 acres @ .35 FAR) . Specific non-residential uses and businesses that occupy Boynton Village will be consistent with the chart of permitted uses and supplemental requirements in the SMU district regulations. The Boynton Village mixed-used project may be developed in multiple phases, prior to the buildout date of 2008 assumed in the traffic analysis. Each phase, pod or parcel will be subject to subsequent technical site plan approval. I The maximum development potential of the property, assuming 20 dulac and 1.0 FAR is 1620 multi-family dwelling units and 3.53 million square feet of nonresidential use. Obviously, these uses would necessitate development of regional impact review. The proposed land use mix is an intensity that could be proposed at the local level without requiring state and regional review through the DR! process. 24 acres at.35 FAR = 60,984 s.f. of neighborhood-serving commercial WPB:175501:7 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS oFT. LAUDERDALE 0 MIAMI 0 NAPLES 0 PORT ST.LUClE 0 SARASOTA 0 ST. PETERSBURG 0 TALLAHASSEE 0 TAMPA o WEST PALM BEACH Page 5 Based on the above described uses, Boynton Village would provide jobs for 3283 employees. As a mixed-use project, housing opportunities will be available within the development for some of these employees. Development of the proposed uses will be phased to roadway improvement projects so that the project does not generate significant traffic impacts. Other public facilities and services will not be negatively impacted by the change in uses. Water and sewer demand, based on the rates identified in the attached tables, have been evaluated and the resulting demand can be served by the existing capacity at the City's water and sewer treatment plants. An analysis of the immediate infrastructure (lines, pumps and lift stations) is being conducted and will determine whether the water/sewer distribution system needs to be upgraded to serve the proposed project. Population projections under the existing and proposed uses are compared below. These estimates are based on the 2000 Census figure of 2.27 persons per unit as a citywide, average household size. Existing Land Use: Proposed Uses: 588 du's 1120 du's 1,334 persons 2,542 persons 3 Employment Assumptions: I employee per 500 s.f. retail I employee per 333 s.f. office WP8:175501 :7 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE' MIAMI. NAPLES' PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH 'D '" bIl oj ~ '" 00- 0"0 ..<:: '" u '" <:nZ ~ '" r----N c= ~ II ~~ II ..!l II .s 6"0..<:: '" Q)~ OJ)\O 1il::s:ES "'" <=l 0 o '" .~ ~ ~~ g C/} u'" ~ '" '" '" ~ ~ZMP- ~ <=l u 0 ~..... ""''' oj fil ~ <=l '" o '" - gj", ~ <=l o .~ .... ~ ~ 0'" <:nO .... '" ~ "'~ <:n"O I::; [ij ~ 6 ~8 .E P- o t- t- ~ ~ == M N 00 c--f ~ "0"0 5li5li onM MN onO r-: ~... N 00 N~ .. <=l ~ 0 oj .- '.;:: ~ en <=l ~ ~ g .2J ~M '" o 0 M" ~ ~ ~...... 0.. Z o <:n - ~ .0:: ~ ::s o u f- U .0:: ~ ::s - ;:: '" 6 P- o " :> '" Q ~ 6 .~ ::s W;:I <:n ~ o Z .0:: ....l "-< on o ~ bIl~ O\<=l~ -;a 0'- <=l .~ \0 ;:: ~ Q) ?A~ ~ + .~] .g !3 fil 00 ~ ~ 00 0 0 on u u 62' o o ::s ~ '" '" ~ "0 [ij ....l bIl .S - '" '>1 W;:I () '" c...'7 ~ O\II(O~ II ~ II .a 6"0..<:: '" Q):g -oJ)N 1il::S:E~ "'" o '" '" .... ;j '" ~~ lOP- .E P- 'D on ~. - ~ "0 ~ '" == t- oo - 0\ M "0 "0 5li5li on on ON 0- 0\"' \/3' Mon ~M '" N g ~ '" on .... N" g. -;a 'g t ~ i:S 8 0,,-< + ~ v5 ;:>"'0 "000 000 N 0,,0\ ~o~ --- '" '" ~ "0 [ij ....l~ -g.g "'<:n 8.~ 2::s ~~ M ~ + :? "" C ...J t- M t- o ~ C ...J J: U <: ~ '" 5 ~ >- ~ ~ 3: . ~ ~ >- . ttt ..( ~ 0.: ~ J: -I' :s -' ~ w <: <J) >- <J) . :::J~ '" :::> o(j :Q '" ~ w t;; f- "- <J) >-' :::J ~ I <: U >- <J) 0 I ~ f- .:Ji ~ ~ <J) 0 >-' :3 ~t;:; 0" -' 2 u . u ~ :;;: ::J "- ~ ~ g ~ ~ ~ . ~ ~ "" ~ Cl :::> :s >-' ~ . ~ <: u ;:; is '" ~ II "0 o ..c: <..> ~ -@, :.a ..... '" o o o ",,6 ~O 8'V o ~ - ~ >.lE ~O "' == ;:; ..,. ~ " "0 o ..c: <..> ~ " :a "'" 's : M o """ ~M ~j:., O~ C ""...J ~o 0'" 0'" ~ ~t 5 ~c U :9 ~ o '" "" g Irl <Ii ~ ~ g j:l., .~ o~ " _ N o E ^ "B 8-;; "" 'y "3 Q... 0. U ~ 0.... E 0." 8 bJ)~ 0 "i:' .~ ] ~ u .s g ~ III .. 0 "=t:::::9 >,.. IU <<I 1.0 ~ :;: .g e~ oga5 IU a <<I ~ V'J I U ~p..'.;=bEx II ~ ~ Q p.. ::l IU ..... 'C~o~e. '0 .5 .~ ~ g 1-0 ;:::l ::l"'O~~......"'~42 0.0 E 1-0 r.n ... ~ g Q) ~ >< - Vi" Po. ~ ~ 'i) ~ I: ~"'O C&:: g. ~ 0 ,S d a ;:: "0 ~ ''[ ap:: :; .g d' "11SO'.....- p.. 3 ::l'- to L:;:::: rIl V'J f/) ~ Q.. g > d VI tI'J ~ 0 vi' o"<9otl~ []]~gEg r--- e e..::.c c!j ~ ~ "! oCl) IU ~ ~ E ;:: N C1c..NlZlc '<t on 'D r-- 01> Q'\ .;t:., Iii "- ;: 00 ~ " "0 o ..c: <..> ~ '" .. '" ~ "0 .. '" Q c.. Q ... ~ -;a '13 .... ~ o u +"-< ;:> on "0 6 OM N !~~ ,~ is;: :0 :~ '.... :'S :0"' :~ :~ '", :'" , '" i~ i~ :6 i'~ i::S ~ 'is " S " OJ '" (; '" '" ~ Page 7 CONSISTENCY WITH COMPREHENSIVE PLAN The proposed land use change from MoDR to MX-Sub is consistent with the City of Boynton Beach Comprehensive Plan. Specifically, the land use amendment is consistent with and furthers the following City objectives: Urban Sprawl: Objective 1.13, Policy 1.13.4 The proposed land use discourages urban sprawl by creating a compact urban area. The mixed-use development project will prevent strip- commercial development on the subject property, which is prevalent along the Congress Avenue corridor. A mix of uses will maximize utilization of public services and provide for efficient service delivery. Mixed-Use Projects: Objective 1.15, Policy 1.15.1, Policy 1.15.2 The proposed development project will implement this stated desire for mixed-use projects. A mix of commercial and residential land uses will be provided, by a unified plan of development that provides interconnectivity, shared irifi'astructure and facilities, compatible architecture, and consistent landscape themes. Residential neighborhoods, commercial centers and mixed-use areas will be planned utilizing innovative design techniques that promotes internal harmony and unity, as well as compatibility with surrounding uses. Regulation of Land Development Orders: Objective 1.16, Policy 1.16.1 The proposed zoning district, Suburban Mixed Use (SMU), is consistent with the requested land uses - Mixed Use- Suburban. The proposed Boynton Village development project is consistent with the use, density and intensity provisions of the land use and zoning designations. Range of Land Uses: Objective 1.19 The requested land uses fUlfill this policy provision by providing new housing choices, adding needed commercial uses to serve the growing West Boynton community, providing open space, recreation and greenway connections, and adding value to the City's tax base. WPB,175501,7 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE' MIAMI' NAPLES. PORT ST. LUCIE . SARASOTA' ST. PETERSBURG' TALLAHASSEE . TAMPA 'WEST PALM BEACH Page 8 NEED FOR LAND USE(S) Palm Beach County is known as the West Palm Beach/Boca Raton Metropolitan Statistical Area (MSA). Growth in this region originated in the south and moved northward. Palm Beach County's growth rate has increased steadily during the past fifteen (15) years. In 1980, the County has a population of approximately 587,000. By 1990, the County had reached a population of approximately 870,000, which represented an increase of nearly 48%. The County's growth rate between 1990 and 200 is less than it was between 1980 and 1990 due to recessionary economic conditions in the early 90's. However, population growth has increased significantly since 1990, and the University of Florida's Bureau of Economic and Business Research (BEBR) project an increased rate of growth through 2010. Population is projected to increase from 1,008,300 in 2000 to 1,300,600 in 2010. Employment growth (the number of persons employed) reflects the recessionary conditions which prevailed in the 1990's. Between 1995 and 1999, the number of persons employed grew by 58,87010, indicative of a rebounding economy in the County. Total employment in Palm Beach County is expected to continue to rise. The services sector shows the strongest potential for growth, with retail and wholesale trade close behind. The City's median family income ($47,546") is greater than that of the County as a whole ($37,04512), and can likely support greater amounts of commercial retail space per capita than is the case countywide. Based on projected population growth, there is a need for additional residences and commercial businesses to meet the growing needs of the City's population. The subject property's location presents an ideal site for a mixed use project that will provide convenient, easily accessible services, retail operations and employment opportunities. The residential component of the proposed mixed-use project will provide residences in close proximity to these businesses, and will eliminate the need to traverse the local roadway network to access to shop, dine, and conduct business. 10 Florida Department of Labor and Employment Security " 2000 Census 122002 Demographic Profile of the Treasure Coast Region, TCRPC WPB:175501 :7 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE . MIAMt . NAPLES. PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH ",,,"'''-..'l'-'",.,''''',,,,,,"_DE>'''.....-N', .--- -- -- - -- - - - -oiMiii'O.... , ---~ L___ BOYNTON CANAL -----------~ .~-~.-~.~.;J.E----;~. S1'"2O'4'''''''''''' I :>-I.U" I . I I , , I , , I o o ~ o. F , , I . . I . , I~ I ~ ,-. I o o I .....47'WE ,0000ocr r--------------------l , , I \ \. '\\ \\ 'tyQ '- '-., \<'0 \ ,.. 'li> , ".. 11 ' , '6..>. \ \ \~ ~ IS rn \i ~ , " . .... :t \ \ \ , \ ~ -" \ \. '( " ;! , , '" ",0> "'~ }.o)m 0>- ",,, !")> ",n ..... o "" , , , , '1 , o I :g , c: , )> I ~ z : Gl I ~ :~ ~ I~ r 0; ~ l~ 0 I ~ . . I o o I --L--~w:r:~----_____1 I __ _ _ -eill-sOYNffiN-ROA&- - - -- _ -::-e-r- ,...._ ------'t-' _ ________________________ !! " Ii " " L________-=-=-______ { r@ , [n1l'Ii! II , . Ei i!. ~ BOYNTON VILLAGE -el!l ~LI ~~ . ,- ! I,J'T' -l>- 1,;:111 I DEVELOPER: I ' I! I ~ I .::l ~ "[ [ 1950 CONGRESS A VENUS, L.L.C. . . , , 1 I , , I , , I .( .,. ,: , , I , , I --~ l___ BOYNTON CANAL o o z Gl ;C m w w 1---------------- __u_ - ----~ : \ \ I : :1 \ ~ \ : \ ~ 1 \ 1 \ " \" , , \ \-'- > < m z c: m w;: c: - roX c:m ;CO roc: >w zm \ o " , \ \ \. ~ " '\ ~ \ ~ " \ D,.>. \ \ , , , , ') 1 ~-- - - - - u - -- - -- - -- ---l , , I , , I , , I , , I , , I , , L--------~-_____,_L________________.J m o c: > e- N Z Gl j; z > e- ~ o m j,. ---------------- -------------------~ OLD BOYNTON ROAD !,@ Ii , . 1.111'11 -, , i !I'" ~' fC I'Ll ! ~~~I p~s _! BOYNTON VILLAGE ., ~IB ~~ liB II" -I DEVELOPER: l::l ~ ~ ~ ~ i I' , " - 1950 CONGRESS AVENUE, L.L.C. I , , BOYNI'ONfQ!ACH FLOIUD^ ~ ~~ ~~ z~ ~o ~t _.~ ~';' o. ~~~ h~ .. n b~ h~ 'e o ~ z a > " m a _,_____u~ l.u_ BOYNTON CANAL 1"""'1-+ \" o z Gl " m en en :--------------I1r-----------~ " ~I \ zl , en m s: " c 0 )> .~ . " ~ ::< o ~ :J: \ \ , . \ , . \ , . \ \ \ \ \'1\\ en \\\\ s: c en en lD s: s: 0 c c -< z -; 0 z < ;= Ij; Gl " m \ , , , \ , \ <l \ , \ \ \, ~ \ \ '* \ ~' , ~ '\ ' '" \ , , , ~ , ') )> < m Z C m 1V'i"l'" I . . I . ~--------------------l ' , en s: c en s: c en s: c m D C )> .- N Z Gl o )> z )> .- ~ " m ... o '\'..\ '" "I i I i I II lD o -< Z -; o z -; o ~ en s: c '"' .. o len '1l' z! m, ", 0, )>i '--u-u---~L__u__1u_uJL_u_u~ l'.,,,,,1 __________!__~~DBO~~TON~OAD ____~~___ ___ '"' o m Z -; m " I:@ "T'" 11 . I ~~~ ' , i ~ ~~ II i BOYNTON TOWN CENTER I I' i. ~ i " " ~. ,.i'lt!l:I Wi ~~O '1'li!['" ~;I~ AND ;,~ ~I~ H ::l i ..[" "'.. ~ ""I ~o ~I"" f ~ BOYNTON VILLAGE I = ! , i ~~~ ~A Boynton Village - Design Concept Introduction: Boynton Village has been envisioned as an integrated residential and commercial community consisting of visual nodes at entrances and gateways surrounded by lush tropical landscaping throughout. The Buildings will be well proportioned and responsive to the principles of good architectural design in a Neo-Mediterranean style that responds to the needs of the users and the environment. The Building materials will be textured surfaces of earth tone colors and the buildings shall also provide for interesting rooflines. The streets shall take into account traffic patterns and parking areas in a way that allow for good pedestrian interaction and flow. Major nodes or points of interests throughout the development shall be identified by the use of different floor patterns and visual motifs. The retail component shall provide for retail spaces that are easily accessible by both the pedestrian and the automobile. Architectural Design Guidelines Intent: The primary application of these architectural standards is directed to the exterior portions of the building and shall apply to the low-rise residential, mid-rise residential and retail components. The purpose of these guidelines is to maintain and promote the image of a new Neo-Mediterranean neighborhood that provides a sense of place and of community interaction. Exterior Materials: Finish materials shall include: . Textured stucco or EIFS, painted (combined with smooth areas and patterns). . Split-face block could be used at building base and at colunnns. . Tile (ceramic or porcelain). . Stone or pre-cast concrete stone. . Painted wood trims. Exterior Colors: The exterior colors shall create harmony and coherence between the buildings and the amenities throughout the development and accent primary colors shall be used to enhance and identify the individual tenants Earth tone colors will be used as background in a way that compliments the accented building features throughout the development. Exterior Lif!htinf!: Street lighting shall be mounted on decorative poles and decorative fixtures shall be used in-keeping with the design theme. Buildinf! Elevations: Residential buildings shall be designed on all visible sides to reflect the Neo- Mediterranean style of Architecture and shall include balconies, balustrades, non- reflective glass, barrel tile roofs with cornices, moldings and other decorative details. Roof.s: Pitched roof shall be incorporated in all residential designs and shall be composed of barrel type roof tile. Where flat roofs are used, parapets shall be included. When possible, cornices, outlookers, andlor moldings will be used. Streets and Plazas: The streetscape shall enhance the human scale by the use of street trees and street lighting. Seating areas along pedestrian walkways shall be provided throughout. Different floor finishes and patterns shall be provided at street intersections and crosswalks and to identify important nodes or focal points of interest. Plazas for pedestrian activities including water features, sculptures, lighting, seating areas, planting or other features will be provided. F:\Projects\04006.01\OI-Corresp\040104-Design Guidelines I.doc BOYNTON VillAGE - Mixed Use Existing land Use Water and Sewer Flow Estimate Water II Uses I Unit I No. of Units I Water Flow Allocation I Flow I Residential 588 dwellino units dwellino unit 588 374 GPOI dwellino unit") 219,912 GPO Commercial o sa. fl. sa. fl. 0 0.125 GPO/so. fl. o GPO II Total Water Flow" 219,912 GPO Sewer Uses Unit No. of Units Sewer Flow Allocation Flow Residential 588 dwellino units dwellino unit 588 300 GPOI dwellino unit") 176,400 GPO Commercial o sa. fl. sa. fl. 0 0.125 GPOI sq. fl. o GPO II Total Sewer Flow" 176,400 GPO Notes: 1) Note for the purposes of calculation we used a 2 bedroom unit to calculate the total flow requirements for the project BOYNTON VILLAGE - Mixed Use Proposed Land Use Water and Sewer Flow Estimate Water Uses Unit No. of Units Water Flow Allocation Flow Dffice 10,000 SQ. fl. 100sQ. fl. 100 15 GPO/100 SQ. fl. 1,500 GPO Residential 1,120 dwellinc units dwellinc unit 1,120 374 GPOI dwellinc unit'" 418,880 GPO vommercial 149,000 SQ. fl. SQ. fl. 149.000 0.125 GPOI SQ. fl. 18,625 GPO I Total Water Flow = 439,005 GPO I Sewer Uses Unit No. of Units Sewer Flow Allocation Flow Office 10,000 SQ. fl. 100sQ. fl. 100 15 GPO/100 sq. fl. 1 ,500 GPO Residential 1,120 dwelling units dwelling unit 1,120 300 GPOI dwelling unit'" 336,000 GPO Commercial 149,000 sq. fl. sq. fl. 149,000 0.125 GPOI sq. fl. 18,625 GPO II Total Sewer Flow = 356,125 GPO Notes: 1) Note for the purposes of calculation we used a 2 bedroom unit to calculate the total flow requirements for the project 7-20-20048,19AM FRD~ ~''-ANNING DEPARTMENT 561 434 8187 P~ 1 ~OOLDI<S'A W · ?O ~ g q "%~"""""EL.# .c ,V'f BEACH CO<!":' THE SCHOOL DISTRICT OF PALM BEACH COUNTY PLANNING DEPARTMENT 3320 FOREST HILL BOULEVARD - C331 WEST PALM BEACH, FL 33406 FACSIMILE TRANSMITTAL PHONE: 561/434-8020 FAX: 561/434-8187 Number of pages sent (including cover page): 4 DATE: July 20, 2004 TO: Mr. Dick Hudson, Senior Planner, City of Boyoton Beach Anna Yeskey. IPARC Coordinator FAX NUMBER: 742-41259; 434-4513 FROM: Jeanne Mills, AICP, Senior Planner SUBJECT: BOY 48 and BOY 49 Proposed Comprehensive Plan Amendments COMMENTS: The attached letters are being sent to you in response to the request for Proposed Comprehensive Plan Amendments to the City of Boynton Beach. (LUAR 04- 005 and LUAR 04- 04 Large Scale Amendment) Attachments S:\Plann;ng\Public~NTERGOV\CORRES\IPARC072004.DOC 7-20-20048,19AM FROM ~I_ANNING DEPARTMENT 561 434 8187 P_2 ~OOtb~ ~.g ~ ~~;6~ MEMORANDUM PLANNING DEPARTMENT 3320 Forest Hill Boulevard, #C-110 West Palm Beach, FL 33406-5813 Phone: (561) 434-8028 Fax: (561)434-8187 DATE: July 19, 2004 TO: Dick Hudson, Senior ner Boynton Beach FAX: 742-6259 Anna Yesl<ey, Clear" gh Coordinator Fax 434-4513 FROM: COPIES: RE: Proposed Land Use Plan Amendments - BOY- 48 LUAR 04- 005 Location: 04-005 902 NE 3"' Street Size: 0.52 acres CSA: 19 LU Existing: General Commercial LU Proposed: Industrial Proposed Development of Site: CommerciaUlndustriaJ The School District has no objection to this project. J I !='fll1ill ~ Ill! 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"" rtj n .. ~l ~~ ~~ ~g o . ~ Ruden ~~I McClosky 222 LAKEVEW AVENLE: SUITE 600 \^JEST PALM BEACH, FlCR1DA 33401~6112 <Po. ~~ ~~ '?)~~ (561) 838-4542 FAX: (561)514-3442 KIMGlASCASTRQ@RUCEN.COM 4/26/2004 BOYNTON VILLAGE Comprehensive Plan Amendment and Rezoning Comprehensive Plan Amendment (Text Amendment and Land Use Change) SUBURBAN MIXED USE CATEGORY: 1950 Congress Avenue, LLC, (the "Applicant") is requesting amendments to the Boynton Beach Comprehensive Plan in conjunction with the proposal of a mixed use development on 8I-acres across from the Boynton Beach Mall. These proposed comprehensive plan amendments are submitted to coincide with the City's second round of amendments for 2004. The Applicant proposes a text addition to the Future Land Use Element to add a sub- category of the current Mixed Use land use designation. Currently, the Mixed Use land use designation is intended for application within the City's downtown and community redevelopment area. The proposed sub-category will establish a mixed use designation for the suburban area west ofInterstate 95. The proposed Mixed Use-Suburban designation promotes a mixture of land use types within a single development project. These uses may be arranged vertically or horizontally, and are to be integrated through project design, layout, architecture and amenities. The proposed Mixed Use-Suburban category provides maximum intensities: up to 20 dwelling units per acre for residential use and up to 1.0 FAR for nonresidential/mixed use structures. The Applicant proposes to change the land use designation on the subject property from Moderate Density Residential (up to 7.26 du/ac) to the new Mixed Use-Suburban land use. WPB:175501:7 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS-FT. LAUDERDALE . MIAMI - NAPLES- PORT ST. LUCIE . SARASOTA - ST. PETERSBURG - TALLAHASSEE - TAMP.VWEST PALM BEACH Page 2 Rezoning REZONING TO SUBURBAN MIXED USE DISTRICT (SMU) The Applicant is requesting rezoning of :t 8 I acres of the subject property to the Suburban Mixed Use District and approval of a SMU Master Plan for Boynton Village. Consistent with the criteria contained in Section 9.C.2. of the Zoning regulations, the Applicant offers the following for the City's consideration: a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies. The proposed rezoning to SMU is consistent with the proposed land use designations of Mixed Use-Suburban (being concurrently processed). Rezoning to SMU will enable a viable mixed-use community to be planned and built on the Property versus a single-use project. 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. Rezoning to SMU will promote efficient use of the subject property. The subject property's size and location presents ideal characteristics for a mixed-use project that will complement the Congress Avenue corridor. The proposed mix of uses that are afforded by the rezoning will complement the adjacent shopping centers and business parks. Uses and buildings will complement one another, internally, as well as with adjacent properties' improvements. The SMU district is consistent with the (proposed) zoning on the property to the north, and is compatible with surrounding C-3 properties. c. Whether changed or changing conditions make the proposed rezoning desirable. The subject property is currently underutilized as an agricultural operation. The RlAA zoning allows single family residential up to 5.4 units per acre. Rather than a single-use development project, the rezoning will allow progressive design principles to be utilized to development the site. Rezoning to SMU will provide the zoning parameters necessary to design a viable mixed-use development project. d. Whether the proposed rezoning would be compatible with utility systems, roadways, and other public facilities. The proposed rezoning and resulting mixed-use development project will not negatively impact public facilities and services. The proposed development will meet the adopted level of service standards established pursuant to the City's concurrency management system. A traffic study is being submitted as part of the request to document the proposed mixed use project's impact on the surrounding roadway network. WPB:175501:7 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE' MIAMI. NAPLES' PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA . WEST PALM BEACH Page 3 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 and nearby properties. The proposed rezoning to SMU is compatible with adjacent uses: SMU to the north (proposed for Renaissance Commons); C-3 south and west; and RlAA to the east. The subject property is separated from adjacent properties by roadways or canals; however, the buildings, uses and architectural elements that will be utilized along the site's perimeters will be harmonious with and complement existing buildings and uses on neighboring properties. Residential uses will be located adjacent to existing residential uses on adjacent properties, and building heights will be tiered, consistent with the SMU provisions, to provide lower structures on the property perimeters and higher structures internal to the project. Landscape buffers will enhance overall aesthetics of the project and promote compatibility between the subject property and other properties. f Whether the property is physically and economically developable under the existing zoning. Currently zoned as RIAA, the property sits underutilized. Rezoning to SMU will enable an economically viable, timely development project to be developed on the site. The proposed mixed use project will make available the residential uses that could be built pursuant to the existing RlAA zoning, as well as nonresidential uses that will compliment the residential use with personal and retail services and employment opportunities. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The size of the Winchester property lends itself to a large master-planned project. Rezoning to SMU will allow a mixture of uses on the property. This compares with a typical residential planned unit development, or with subdividing the property into individual, marketable parcels that are sold off as stand-alone uses. The proposed SMU district allows for a master-planned development to be designed on the site to ensure integration of uses, sharing of infrastructure, and harmony in architecture and site design. The adjacent retail component proposed for C- 3 zoning will be designed to function as though it is part of the SMU, despite its individual land use and zoning. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. While mixed-use projects are encouraged in the City's downtown, no site provides the same opportunities (size, location and availability) for planning a mixed-use development project. The proposed rezoning to SMU allows the considerations needed to assimilate different uses in a harmonious manner, and take advantage of efficiencies that are afforded by close proximity. The separate zoning districts requested for Boynton Village will allow the integrity of the SMU provisions to be maintained, yet allow a major retailer to be associated with the project to ensure its viability. WPB:175501:7 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE' MIAMI' NAPLES' PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE. TAMPA 'WEST PALM BEACH Page 4 SMU Master Plan A Boynton Village conceptual Master Plan has been submitted, which proposes the following uses for the SMU: 1,120 multi-family residential units 149,000 s.f. retail 10,000 s.f. office The Applicant offers documentation to demonstrate new demand generated by development under the proposed zoning (SMU). The Applicant feels that any impacts can be mitigated to ensure compliance with concurrency requirements. The proposed development program for the 81-acre mixed use project represent a sub- DRI threshold project for a three-use multiple use development project. The proposed uses calculate to 107% of the DRI threshold, which is below the 160% level at which a project is considered a development of regional impact1. This compares to the 588 residential units that could be developed pursuant to the maximum density allowed by the existing Moderate Density Residential land use category. As a residential planned development with a community-serving commercial pod, the subject Froperty could support 588 residential units and 4 acres of commercial uses (4 acres @ .35 FAR) . Specific non-residential uses and businesses that occupy Boynton Village will be consistent with the chart of permitted uses and supplemental requirements in the SMU district regulations. The Boynton Village mixed-used project may be developed in multiple phases, prior to the buildout date of 2008 assumed in the traffic analysis. Each phase, pod or parcel will be subject to subsequent technical site plan approval. I The maximum development potential of the property, assuming 20 dulac and 1.0 FAR is 1620 multi-family dwelling units and 3.53 million square feet of nonresidential use. Obviously, these uses would necessitate development of regional impact review. The proposed land use mix is an intensity that could be proposed at the local level without requiring state and regional review through the DRI process. 2 4 acres at .35 FAR = 60,984 s.f. of neighborhood-serving commercial WPB:175501:7 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE' MIAMI' NAPLES' PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA . WEST PALM BEACH Page 5 Based on the above described uses, Boynton Village would provide jobs for 3283 employees. As a mixed-use project, housing opportunities will be available within the development for some of these employees. Development of the proposed uses will be phased to roadway improvement projects so that the project does not generate significant traffic impacts. Other public facilities and services will not be negatively impacted by the change in uses. Water and sewer demand, based on the rates identified in the attached tables, have been evaluated and the resulting demand can be served by the existing capacity at the City's water and sewer treatment plants. An analy~is of the immediate infrastructure (lines, pumps and lift stations) is being conducted and will determine whether the water/sewer distribution system needs to be upgraded to serve the proposed project.. Population projections under the existing and proposed uses are compared below. These estimates are based on the 2000 Census figure of 2.27 persons per unit as a citywide, average household size. Existing Land Use: Proposed Uses: 588 du's 1120 du's 1,334 persons 2,542 persons 3 Employment Assumptions: I employee per 500 s.f. retail I employee per 333 s.f. office WPB:175501:7 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE' MIAMI' NAPLES' PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE . TAMPA 'WEST PALM BEACH \0 0) ~ P-. 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'2 .S "Cij ~ 8 .... ::s ;::s "'0 &I e ~ ~ 0 el)~"E-: \1):- ~ 8 .. 8.. ~ Q) ai~~~"'O~g. ~oo_cc "'0 '';: '';: ~ ~ 0 "'0 ....0.0. ,..::.d'''::4 iUsEo....<<l_ Q. ::s'- t'I:I .... - II) ~ rJ) ~ 0. ~ '> c VJ CIl I+-; Q) uf ~ C':l <( ~ 0 c.:> (l) 1-o"'O",oo1G.....:g 8.~a::c:b5o r-55-"''''''1 N 01) (l) tOl,f').E NClCl~NU)B '<t on Ie r-- twO 0'\ __ o ~ ~ "- a; '" :; .. " II "0 o ..c " ~ ~ E " 5 " 0; :;' . ~ < u ;2 < u ~ P2 o '" ~ 'S <:r ., .... '-' '" 0) '" ::J 8 ;::l 8 .~ os ;:::s "- Page 7 CONSISTENCY WITH COMPREHENSIVE PLAN The proposed land use change from MoDR to MX-Sub and LRC is consistent with the City of Boynton Beach Comprehensive Plan. Specifically, the land use amendment is consistent with and furthers the following City objectives: Urban Sprawl: Objective 1.13, Policy 1.13.4 The proposed land use discourages urban sprawl by creating a compact urban area. The mixed-use development project will prevent strip- commercial development on the subject property, which is prevalent along the Congress Avenue corridor. A mix of uses will maximize utilization of public services and provide for efficient service delivery. Mixed-Use Projects: Objective 1.15, Policy 1.15.1, Policy I.l5.2 The proposed development project will implement this stated desire for mixed-use projects. A mix of commercial and residential land uses will be provided, by a unified plan of development that provides interconnectivity, shared infrastructure and facilities, compatible architecture, and consistent landscape themes. Residential neighborhoods, commercial centers and mixed-use areas will be planned utilizing innovative design techniques that promotes internal harmony and unity, as well as compatibility with surrounding uses. Regulation of Land Development Orders: Objective 1.16, Policy 1.16.1 The proposed zoning districts, Suburban Mixed Use (SMU) and Community Commercial (C-3), are consistent with the requested land uses - Mixed Use-Suburban and Local Retail Commercial. The proposed Boynton Village development project is consistent with the use, density and intensity provisions of the land use and zoning designations. Range of Land Uses: Objective 1.19 The requested land uses fulfill this policy provision by providing new housing choices, adding needed commercial uses to serve the growing West Boynton community, providing open space, recreation and greenway connections, and adding value to the City's tax base. WPB:175501:7 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE' MIAMI' NAPLES. PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA 'WEST PALM BEACH .., Page 8 NEED FOR LAND USE(S) Palm Beach County is known as the West Palm Beach/Boca Raton Metropolitan Statistical Area (MSA). Growth in this region originated in the south and moved northward. Palm Beach County's growth rate has increased steadily during the past fifteen (15) years. In 1980, the County has a population of approximately 587,000. By 1990, the County had reached a population of approximately 870,000, which represented an increase of nearly 48%. The County's growth rate between 1990 and 200 is less than it was between 1980 and 1990 due to recessionary economic conditions in the early 90's. However, population growth has increased significantly since 1990, and the University of Florida's Bureau of Economic and Business Research (BEBR) project an increased rate of growth through 2010. Population is projected to increase from 1,008,300 in 2000 to 1,300,600 in 2010. Employment growth (the number of persons employed) reflects the recessionary conditions which prevailed in the 1990's. Between 1995 and 1999, the number of persons employed grew by 58,87010, indicative of a rebounding economy in the County. Total employment in Palm Beach County is expected to continue to rise. The services sector shows the strongest potential for growth, with retail and wholesale trade close behind. The City's median family income ($47,54611) is greater than that of the County as a whole ($37,04512), and can likely support greater amounts of commercial retail space per capita than is the case countywide. Based on projected population growth, there is a need for additional residences and commercial businesses to meet the growing needs of the City's population. The subject property's location presents an ideal site for a mixed use project that will provide convenient, easily accessible services, retail operations and employment opportunities. The residential component of the proposed mixed-use project will provide residences in close proximity to these businesses, and will eliminate the need to traverse the local roadway network to access to shop, dine, and conduct business. 10 Florida Department of Labor and Employment Security II 2000 Census 122002 Demographic Profile of the Treasure Coast Region, TCRPC WPB:175501:7 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. LAUDERDALE' MIAMI' NAPLES. PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA 'WEST PALM BEACH