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
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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.
.,
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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
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,,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)
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(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
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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
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_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,
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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.
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My Notary Seal: ~ :::s aO 'b <;;,\ ~
MyCommissionNumber:~*~ ... ~*~
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My CommissIOn Expires: ~0"'~/L~., /9'!$
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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'.;,
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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)
-
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~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
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,',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-
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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
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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
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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
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"%~"""""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~
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~~;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.
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222 LAKEVEW AVENLE:
SUITE 600
\^JEST PALM BEACH, FlCR1DA 33401~6112
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(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
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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