LEGAL APPROVAL
1 ORDINANCE NO. 04- oS~
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING PROPERTY
5 CONSISTING OF APPROXIMATELY 7.29 ACRES
6 AND WCATED ON THE EAST SIDE OF FEDERAL
7 mGHW A Y, NORTH OF CHUKKER ROAD;
8 AMENDING ORDINANCE 89-38 BY AMENDING
9 THE FUTURE LAND USE ELEMENT OF THE
10 COMPREHENSIVE PLAN OF THE CITY FOR THE
11 PROPERTY MORE PARTICULARLY DESCRIBED
12 HEREIN; THE LAND USE DESIGNA nON IS BEING
13 CHANGED FROMCH-5 AND MR-5 (pALM BEACH
14 COUNTY) TO SPECIAL mGH DENSITY
15 RESIDENTIAL; PROVIDING FOR CONFLICTS,
16 SEVERABillTY, AND AN EFFECTIVE DATE.
17
18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
19 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
20 Use Element by Ordinance No. 89-38 in accordance with the Local Government
21 Comprehensive Planning Act; and
22 WHEREAS, the procedure for amendment of a Future Land Use Element of a
23 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed;
24 and
25 WHEREAS, after public hearing and study, the City Commission deems it in
26 the best interest of the inhabitants of said City to amend the aforesaid Element of the
27 Comprehensive Plan as adopted by the City herein.
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
29 I THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 I Section 1: The foregoing WHEREAS clauses are true and correct and
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31 I
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:
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S:\CA\Ordinancee\planning\Land Use\Waterside Land Use.doc
1 incorporated herein by this reference.
2
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
3 following:
4 That the Future Land Use of the following described land shall be designated as
5 Special High Density Residential (SHDR). Said land is more particularly described as
6 follows:
7 ,. A PARCEL OF LAND IN SECTION 4, TOWNSlllP 46 SOUTH, RANGE 43
8 ': EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
9 i DESCRIBED AS FOLLOWS:
10 COMMENCE AT THE NORTHEAST CORNER OF LOT 48, "TRADE WINDS
11 ESTATES FIRST ADDmON" ACCORDING TO THE PLAT THEREOF AS
12 RECORDED IN PLAT BOOK 22, PAGE 44 OF THE PUBUC RECORDS OF
13 PALM BEACH COUNTY, FLORIDA, SAID CORNER BEING ON THE
14 WESTERLY RIGHT-OF-WAY LINE OF THE INTRACOASTAL W ATERW A Y;
15 THENCE NORTH 05026'06" EAST ON SAID WESTERLY RIGHT-OF-WAY
16 UNE 365.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
17 89018'46" WEST 385.00 FEET; THENCE NORTH 05026'06" EAST 4.08
18 FEET; THENCE SOUTH 89018'46" WEST 35.00 FEET; THENCE SOUTH
19 05026'06" WEST 174.98 FEET; THENCE SOUTH 89018'46" WEST 236.14
20 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE
21 SOUTHEAST; THENCE SOUTHWESTERLY ON THE ARC OF SAID CURVE,
22 WITH A RADIUS OF 102.47 FEET AND A CENTRAL ANGLE OF 34034'00"
2 3 AN ARC DISTANCE OF 61.82 FEET TO A POINT OF REVERSE
2 4 CURVATURE OF A CIRCULAR CURVE, CONCAVE NORTHWEST; THENCE
2 5 SOUTHWESTERLY ON THE ARC OF SAID CURVE, WITH A RADIUS OF
26 82.59 FEET AND A CENTRAL ANGLE OF 34034'00" AN ARC DISTANCE
27 OF 49.83 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89018'46"
28 WEST 94.20 FEET TO THE INTERSECTION WITH THE EASTERLY
29 RIGHT-OF-WAY OF U.S. mGHWAY NO.1 (STATE ROAD NO.5), SAID
30 INTERSECTION BEING ON THE ARC OF A CIRCULAR CURVE, CONCAVE
31 WEST, THE RADIUS POINT OF WInCH BEARS NORTH 73025'48" WEST;
32 I THENCE NORTHERLY ON SAID EASTERLY RIGHT-OF-WAY AND ON THE
33 I ARC OF SAID CURVE, WITH A RADIUS OF 11,509.20 FEET AND A
34 I CENTRAL ANGLE OF 02023'09" AN ARC DISTANCE OF 479.27 FEET;
35 : THENCE NORTH 89014'41" EAST 245.48 FEET; THENCE NORTH
3 6 I 05026'06" EAST 95.70 FEET TO THE INTERSECTION WITH A LINE
3 7 I PARALLEL WITH AND 578.97 FEET SOUTH OF THE NORTH LINE OF
38 I
I S,\CA\Ordinancaa\Planning\Land Usa\Wataraida Land Use.doc
1 SAID SECTION 4; THENCE NORTH 89018'46" EAST ON SAID PARAT.T F.T.
2 LINE 274.00 FEET; THENCE SOUTH 06036'55" WEST 40.21 FEET TO
3 THE INTERSECTION WITH A I.JNE PARALLEL WITH AND 618.85 FEET
4 SOUTH OF THE NORTII UNE OF SAID SECTION 4; THENCE NORTII
5 89018'46" EAST ON SAID PARALLEL LINE 250.00 FEET TO THE
6 INTERSECTION WITH THE AFOREMENTIONED WESTERLY RIGHf-OF-W A Y
7 LINE OF THE INTRACOASTAL W ATERW A Y; THENCE SOUTH 05026'06"
8 WEST ON SAID WESTERLY RIGHT-OF-WAY UNE 315.29 FEET TO THE
9 POINT OF BEGINNING.
10
11 SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DELRA Y
12 BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAINING 317,676
13 SQUARE FEET, 7.2928 ACRES.
14
15 Section 3: That any maps adopted in accordance with the Future Land Use Element
16 : shall be amended accordingly.
1 7 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
18 . repealed.
19 Section 5: Should any section or provision of this Ordinance or any portion thereof
20 ! be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
21 the remainder of this Ordinance.
22 Section 6: This Ordinance shall take effect on adoption, subject to the review,
23 : I challenge, or appeal provisions provided by the Florida Local Government Comprehensive
I
24 I Planning and Land Development Regulation Act. No party shall be vested of any right by
2 5 i. virtue of the adoption of this Ordinance until all statutory required review is complete and
26 II all legal challenges, including appeals, are exhausted. In the event that the effective date is
"
27 II established by state law or special act, the provisions of state act shall control.
, I
I; J
28 i i FIRST READING this ~O day of u.ly , 2004.
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S;\CA\Ordinancea\Planning\Land Uae\Wateraide Land uae.doc
1 SECOND, FINAL READING and PASSAGE this:3 day Of~.
2 2004.
3 CITY OF BOYNTON BE;\~g,. FLORIDA
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6 ~;
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13 ! I
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17
18
19 ATTEST:
20
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24 (Corporate Seal)
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S:\CA\OrdinL~ce.\Planning\Land Use\Waterside Land Use.doc
SMALL SCALE DEVELOPMENT AMENDMENT
SUBMITTAL FORM
1. Name of Local Government
City of Boynton Beach
Person Completing this form
Dick Hudson
Phone number 561-742-6264
Name of Newspaper that notice of small scale was published The Palm Beach
Post
Date Publication Noticed July 3, 2004 & July 13, 2004
(Please attach copy of notice)
2. Number of acres of small scale development amendments contained in package:
a. Within Urban Infill, Urban Redevelopment or Downtown Revitalization as
defined by Section 163.3164, FS 7.29
b. Within Transportation Concurrency Exception Area pursuant to Section
163.3180(5), FS
c. Within Regional Activity Centers or Urban Central Business Districts
pursuant to Section 380.06(2)(e), FS
d. Outside categories a, b, c
3. Cumulative total number of acres of small scale development amendments for the
calendar year:
a. Categories listed in Item 2 a, b, c. above
b. Categories listed in Item 2 d and above
12.12
4. Total number of acres of small scale development amendments in this
package that are located within a coastal high hazard area as identified in
the comprehensive plan 7.29
Pursuant to Rule 9J-11.015(2), Florida Administrative code, this form must be mailed
with all small scale development amendments as defined by Section 163.3187(1)(c),
Florida Statutes to:
DEPARTMENT OF COMMUNITY AFFAIRS
BUREAU OF STATE PLANNING
PLAN PROCESSING SECTION
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(904) 488-4925
S:IPLANNINGISHAREDIWPIPROJECTSISOUTHERN HOMES OF PALM BEACH\WATERSIDElLUAR 04.o021SMALL SCALE FORM. RTF
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner:
Applicant! Agent:
Location:
Parcel Size:
existing Land Use:
existing Zoning:
Proposed land Use:
Proposed Zoning:
Proposed Use:
DEVEUOPMENTDEPARTMENT
PLANNING. ZONING DMSION
MEMORANDUM NO. PZ 04-145
Chair and Members
Community Redevelopment Agency Board
Mayor and aty Commission
Dick Hudson, AICP W
Senior Planner ~
Michael W. RumP
Director of Planning and Zoning
June 28, 2004
Waterside I ANEX 04-002 & WAR 04-002
To annex the property, amend the Future land Use DesIgnation
from OilS and MR-S (Palm Beach County) to SpecIal High
Density Residential (20 du/ac) and rezone from GC General
Commercial and Multi-family Residential (Palm Beach County) to
Planned Unit Development (PUD).
PROJECt'DESCRIPnON
Southern Homes of Palm Beach, LlC
Southern Homes of Palm Beach, LlC/Carlos Ballbe-Keith & Ballbe
East side of Federal Highway north of Chukker Road (Exhibit "A'')
7.29 acres
CHIS (Commercial High with an underlying 5 dwelling units per
acre [du/ac]) and MR-S (Medium Residential at 5 du/ac) - Palm
Beach County designations
Commercial General (CG) and Multi-family Residential (MR) _
Palm Beach County zoning
Special High Density Residential (SHDR) at 20 du/ac
IPUD Intlll Planned Unit Development
113 unit townhouse community
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File Number: ANEX 04-002 & LUAR 04-002
Waterside
Adjacent Uses:
North: Commercial use to a depth of 1S0 feet east of Federal Highway
with CHIS land use and CG zoning then slngle.famlly residential
development designated MR-S and zoned MR, all located In
unincorporated Palm Beach County
South: Rlght.m-way of Chukker Road, then vacant property along
Federal Highway with CHIS land use and CG zoning to a depth of
1S0 feet, and farther east, single family residential development
designated MR.S and zoned MR all located In unincorporated Palm
Beach County
East: Intracoastal waterway
West: Rlght-of.way of Federal Highway, then developed property
located In unincorporated Palm Beach County designated CHIS
and zoned CG and property In the Oty of Boynton Beach
designated Special High Density Residential (SHDR) and zoned
IPUD Infill Planned Unit Develop~ent
EXECU'mIE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning. for the
following reasons:
1. The request Is consistent .with the objectives of the Oty's annexation program, relevant
polldes In the Comprehensive Plan, and the adopted Federal Highway Confdor
CommunIty RedeVelopment Plan.
2. The requested land use amendment and rezoning will allow the development of a
project that will be a benefit to the city, both fiscally and esthetically.
3. The proposed development meets the standards expected when a project Is developed
In the IPUD zoning dlsbict.
4. There Is a long-standing lack of demand for retail commerdalland In the vicinity and a
high proven demand for residential land use In the Federal Highway corridor.
BACKGROUNQ
When the Comprehensive Plan was adopted In 1989, the Oty Induded policies dealing with the
future annexation of properties adjacent to Its boundaries. One of the Oty's policies Is to
reduce existing enclaves through voluntary annexation. Palm Beach County has been generally
Supportive of this policy, since providing services to these endaves Is difficult for the County,
and In fact, they rely on the Oty, through Interiocal agreements, to provide many of the
services. It was envisioned that the properties along the Federal Highway ColTldor south of the
Intersection of Old DIxie Highway, Including the subject parcels, would eventually be annexed
Page 3
Rle Number: ANEX 04-002 & LUAR 04-002
Waterside
Into the Oty and form a retall-orlentecl corridor, consistent with the land use designations and
zoning categories assigned by both the Oty and Palm Beach County and In effect at that time.
For example, the -Problems and Opportunities" section of the support documents suggested
that an appropriate use In this area would be new car dealerships.
OVer the past several years, the Oty has seen a shift from the perpetuation of small commercial
uses along the corridor to residential uses, partlaJlarly those with densities greater than 10.8
units per aae. Higher density development was fadlltated by the Oty's Comprehensive Plan
through the establishment of the SpecIal High Density Residential dasslftcatlon, Intended to
support redevelopment In the coastal area. This type of development furthered the pattern that
existed In the corridor, south of Woolbright Road, before the adoption of the OJrrent
Comprehensive Plan. At the time of Its adoption, there were already 4 developments that
exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Oub) to 32.2 du/ac
(Seagate). The shift has selVed to replace marginal and sub-standard commercial uses with
residential projects that have enhanced the esthetics of the corridor, as well as the Oty's tax
base. The remaining viable neighborhood-serving commercial uses are being concentrated Into
nodes located at major Intersections along Federal Highway-Woolbright Road, Gulfstream
Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the
subject property continues this trend.
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 7.29 acres. Because of
the size of the property under consideration, the Florida Department of Community Affairs
dasslfies this amendment as a -small scale" amendment. A -small-scale" amendment Is
adopted prior to forwarding to the Florida Department of Community Affairs and Is not reviewed
for compliance with the state, regional and local comprehensive plans prior to adoption.
The criteria used to review Comprehensive Plan amendments and rezonlngs are listed In the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonlngs. These arteria are required to be part of a staff
analysis when the proposed change Indudes an amendment to the Comprehensive Plan Future
Land Use Map.
Pursuant to SectIon 9.C.2(2) of the Land Development Regulations, staff Is not required to
review the petition against the eight (8) criteria by which land use amendments and rezonlngs
are to be reviewed as Indicated In Section 9.C.7. where the proposed zoning Is consistent with
zoning or land use recommendations contained In the Comprehensive Plan. Usually In those
Instances, staff analysis relates only to consistency with other relevant portions of the
Comprehensive Plan, the dty's annexation program and service capability. In this Instance,
however, the analysis selVes to strengthen the case for requesting a land use different from
that of abutting properties.
a. Whether the proposed rezonIng would be consIstent with applicable comprehensive
plan polldes Indudlng but not lImited to, a prohIbition agaInst any Increase In
dwellIng unIt density exceeding 50 In the hunfcane evaroatJon zone without
fonnulatJon of an emergency hunfcane preparedness plan. The plannIng department
shall also recommend limitations or requIrements, whIch would have to be Imposed
Page 4
File Number: ANEX 0+002 & LUAR 04-002
Waterside
on subsequent development of the property, In order to comply with pol/des
contaIned In the comprehensive plan.
Over the past several years, the Oty has seen a shift from the perpetuation of small commercial
uses along the corridor to residential uses, particularly those with densities greater than 10.8
units per aae. Higher density development was fadlltated by the Oty's Comprehensive Plan
through the establishment of the Special High Density Residential dasslflcatlon, Intended to
support redevelopment In the coastal area. Land use amendments and rezonlngs, which
change designations from commercial use to residential use are particularly consistent with two
polldes In the Comprehensive Plan:
"Policy 1.17.1 The Oty shall continue to discourage additional commerr:lal and Industrial
uses beyond those which are culTel1t1y shown on the Rlture Land Use Map,
except where access Is greatest and Impacts on residential land uses are
least'; and
"Policy 1.19.7 The Oty shall continue to change the land use and zonIng to pennlt only
residential or other non-commerr:lal uses In areas where the demand for
commercial uses will not Increase, particularly in the Coastal Area. "
The subject property Is located In Planning Area V (Entrances to the Oty) In the Federal
Hlghwav Conidor Communltv Redevelopment Plan. which was adopted by the Oty on May 16,
2001. The plan's recommendations for this planning area Indude the following:
"Encourage a variety of housing. Develop Intensity standards that allow for a
variety of housing styles and types at Intensities that will assist In supporting the
downtown area and general economic expansion." (p. 80); and
"Require a transition to the adjacent gateway neighborhoods. Create
development standards In the dty entrance communities that establish a logical
transition to the gateway communities. Building scale, massing and placement should
be less Intense than that of the adjacent planning areas, but substantial enough to
announce an arrival In the Oty." (p. 81)
In concert with the recommendations cited, the residential density of the proposed
development will help to support the downtown commercial core, as well as the recognized
commerdal nodes In the corridor. In addition, It Is proposed at a scale and massing that will
provide a transition Into the downtown area, where development standards allow greater
densities and more Intense massing of buildings.
b. Whether the proposed rezonIng would be contrary to the established land use
pattem, or would create an Isolated district unrelated to adjacent and nearby
dlstrfcts, or would constitute a grant of special prlvllege to an IndIvidual property
owner as contrasted with the protecUon of the public welfare.
The changing development pattern In the Federal Highway corridor has seen an Inaease In the
number of residential developments with densities greater than 10.8 du,lac. This type of
Page 5
Rle Number: ANEX 04-002 & LUAR 04-002
Waterside
development furthers the pattern that existed In the corridor, south of Woolbright Road, before
the adoption of the QJrrent Comprehensive Plan. At the time of Its adoption, there were
already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac
(Colonial Cub) to 32.2 du/ac (Seagate). The shift In the development pattern has served to
replace marginal and sub-standard commercial uses with residential projects that have been an
enhancement to the esthetics of the corridor, as well as the Oty's tax base, supporting existing
commercial nodes and the downtown core.
The requested map amendment and rezoning would serve to Increase the range of housing
opportunities available In the redevelopment area. At the same time, they will Inaease allowed
residential density adjacent to existing single-family homes.
c. Whether changed or changing conditions make the proposed rezonIng desIrable.
The request for conversion of parcels designated for commercial uses to SpecIal High Density
Residential for condominium and townhouse development has become more prevalent In the
Federal Highway corridor In the last four years. Often the conversion serves to remove
marginal, and sometimes undesirable, commercial uses. This changing condition serves to
make the proposed rezoning desirable.
d. Whether the proposed use would be compatible with utility systems, roadwa~ and
other public fadllties.
Trip generation analyses for the property were prepared by the applicant's ~fflc consultant, .
utilizing two scenarios; the first If the property Is redeveloped under current land use and
zoning, the second If the property Is developed under the requested land use and zoning.
Under the first scenario, the dally bips generated total 4,346 with a PM peak hour total of 399
trips. Under the second scenario dally bips would total 723 or 3,623 fewer bips and 332 fewer
PM peak hour bips. According to link analysis, prefonned by Klmley-Hom and AssocIates
during the TCEA application process, the Federal Highway roadway from 23rd Avenue to George
Bush Boulevard has a dally capacity of 29,300 bips at LOS "0", with Average Annual Dally Trips
(AADl) for the year 2003 at 22,n2 bips.
EstImates, based on the Clty's adopted Levels of Service, Indicate that total potable water
demand for the proposed 113 townhouse units will be approximately 48,590 gallons per day
(gpcl) and sewage fiow demand will be approximately 21,866gpcl. More exact calQJlatlons of
these demands will be made at the time of building pennlt application submittal. The my of
Boynton Beach Is proceeding with plans for the purchase of surplus potable water from Palm
Beach County UtIlities, via existing Interconnection points, to supplement Its current capacity.
This purchase agreement will be In effect within a few months and will provide suffldent
capadty to serve this project. Suffldent wastewater capadty Is currently available to serve this
project, subject to the applicant making a firm reservation of capadty, following approval of the
site plan.
According to a review by Fire-Rescue personnel, to meet the Increased demand, additional
resources are required such as personnel, apparatus, and equipment It Is Imperative that Rre
Station #4 be completed and In service by the time these new projects are completed and
. -
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File Number: ANEX 04-002 & LUAR 04-002
Waterside
occupied, and that Fire station #5 be expedited to Insure adequate service delivery levels and
effective response times In the northeast section of the Oty and as a back-up In the northwest
quadrant and In the downtown corridor of the CIty. station # 4 Is scheduled for completion In
2005; however, station #5 Is In the eariy planning stages and no completion date has been
scheduled. It Is Important that Station #1, as currently located, remains In operation as the
first response station for downtown projects such as this. This situation also Increases the
potential for mass casualty events when large numbers of people occupy confined areas. This
Is becoming more prevalent In many areas of the dty.
Every added new commercial and mUlti-family structure Increases the annual fire prevention
Inspection workload as required by ordinance. Although there have been a large number of
these occupandes added In the past several years, Inspection staff has deaeased. This
situation. has reached a point that may soon require changes In our Inspection schedules that
may negatively affect our future success. The past and current service level has prevented any
significant fires In these occupandes for several years.
New development projects InvoMng multi-family or hlgh-denslty commercial projects should be
approved contingent upon consideration of future upgrades In emergency dispatch capability.
These enhancements Indude new technology related to CAD, GIS, and AVL capability, as well
as adequate staffing. All other factors (personnel, training, technology, fire station placement,
building design features, ete) depend on a reliable and effldent method of getting the resources
provided where they are needed In time to mitigate the consequences of an emergency,
regardless of the type of response."
Police Department personnel strongly advise that the department Is undennanned and over
tasked and any significant tasking (additional commercial and multi-family occupancy) will
undoubtedly have a negative Impact on our ability to provide adequate service unless
Immediately able to compensate for the shortfall In personnel.
Last year the Police Department handled 72,005 calls for service, compared to 61,833 calls In
2000. This Is a 14% Inaease In an already Impressive call volume for a city of a IltUe over
60,000. It should also be noted that the department has also increased arrests by 25% since
2000.
The Police Department recommends, "that proposed significant Increases In our business and
dvlllan population be tied to the addition of officers on the force."
With respect to solid waste, the Palm Beach County Solid Waste Authority has .stated that
adequate capadty exists to accommodate the county's munldpalltles throughout the 10-year
planning period.
The School DIstrict of Palm Beach County has reviewed the application and has Issued a
statement that the project complies with the adopted Level of Service (LOS) for school
conCurrency. The concurrency determination Is valid for one year from March 24, 2004, the
date of Issuance. The School DIstrict estimates that the project will generate 9 elementary
school students, 5 middle school students and 7 high school students. CUrrently, Roiling Green
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Rle Number: ANEX 04-002 & LUAR 04-002
Waterside
Elementary Schools at 97% capacity, Odyssey Middle School Is at 84% capacity and Boynton
Beach High Schools at 102% capacity.
Lastly, drainage Is being reviewed In detail as part of the site plan 'approval process, and must
satisfy all requirements of the city and local drainage pennlttlng authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The proposed rezoning will be compatible with adjacent and nearby properties, and will only
serve to lnaease the value of these properties. Although pockets of single-family homes will
remain In the Immediate area, the quality of the proposed project wllllnaease the values of the
subject and nearby properties. Further, despite the Immediate contrast between dwelling units
and density, this contrast Is characteristic of the entire waterfront corridor.
f. Whether the property Is physically and economically developable under the existing
zoning.
The property Is currently vacant and most probably could be developed; however, with
annexation Into the Oty, the Palm Beach County zoning must be changed to a aty of Boynton
Beach zoning dlsbict. C-3 Community Commercial would most: nearly correspond with Palm
Beach County's Commercial General zoning dlsbict, and the portion of the property fronting on
Fed~ral Highway could be developed under C-3 Commercial zoning. The remaining portion of
the property, currently zoned MRS, could also be redeveloped as single-family resldentl~l. This
would forego the opportunity to have the property redeveloped under a unified development
plan.
g. Whether the proposed rezoning Is of a scale which Is reasonably related tv the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning present the opportunity for redevelopment In
a highly visible entrance corridor to the Oty and will also support the current trend toward
greater residential uses In this area, economic revitalization, and downtown redevelopment
h. Whether there are adequate sites elsewhere In the city for the proposed use, In
districts where such use Is already allowed. .
In accordance with the definition of the Spec/al High Density Resldentlalland use designation In
Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du/ac are pennltted In
the Federal Highway corridor to encourage Inflll development and redevelopment. There are a
limited number of sites elsewhere In the city where residential development could occur at a
density of 10.8 du/aci however, those sites do not offer the opportunity for redevelopment and
Inflll development that this location affords. Nor would development of those available sites
serve to promote the goals of the Community Reclevelopment Agency and the Federal Highway
Corridor Community Redevelopment Plan.
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File Number: ANEX 0+002 & LUAR 04-002
Waterside
MASTER/SITE PLAN ANALYSIS
The IPUD regulations are Intended to be used In situations where new development or
redevelopment Is proposed within an already developed area or neighborhood located In the
"Federal Highway Confdor Community Redevelopment Plan "Study Areas I and V. (The site for
Waterside Is In Area V.) A mixture of uses, Including residential, retail commercial and office,
may be allowed to the extent that no land use conflicts will result and the basic Intent of the
Zoning Code and the Comprehensive Plan wlll'be followed.
It Is a basic expectation that, anyone requesting the use of the IPUD district will develop to
standards that exceed the Cty's basic development standards In terms of site design, building
architecture and construction materials, amenities and landscape design. To that end, all
applications for rezoning to an IPUD must be accompanied by a detailed master plan or site
plan. In this Instance, an application for site plan approval has been submitted and Is being
reviewed concurrent with this request.
The site plan shows 113 fee-slmple townhouses of two and three stories arranged fronting on
two loop roads. Units contain 2, 3 or 4 bedrooms with sizes ranging from 2,168 square to
3,670 square feet. Designs shown for the buildings are a derivative of Mediterranean
architecture with stucco walls, S-tlle roofs and decorative moldings, appliques columns and
balconies; all are representative of a relatively high quality architectural design and materials
The maximum density allowed by the Special High Density Residential land use classification Is
20 dulac, and the applicant proposes a density of 15.5 du/ac.
A recreation area of approximately 0.85 acre will be located fronting on the Intracoastal
Waterway. The proposed three-story recreation building would Inclq~e a pool area, and a
clubhouse of approximately 5,000 sq. ft. that Indudes a third floor gym and dubroom and a
second floor ballroom 'elevated over a first floor covered breezeway, which allows ground-level
views of the Intracoastal Waterway.
The IPUD zoning district has no actual building setback requirements, however, the buildings
are arranged In such a way that they would exceed the basic development standards. The site
plan shows that the buildings would be setback 15 feet from Federal Highway (front), 7.5 feet
from the east property line (rear) and 10 feet from the side property lines (north and south).
The proposed site plan meets all of the expectations of the IPUD zoning district.
CONCLUSIONS/RECOMMENDAnONS
As Indicated herein, this request Is consistent with the Intent of the Comprehensive Plan. The
additional Impacts on Infrastructure and services resulting from this project are to be expected
with redevelopment and revitalization activities. The proposed project will be compatible with
adjacent land uses and will contribute to the overall economic development of the CIty.
Therefore, staff recommends that the subject request be approved. If the Planning and
Development Board recommends or the CIty Commission requires conditions, they will be
Included within exhibit "8".
ATTACHMENTS
II\PIInn1nt\SHARID\WP\PROJECTS\Southem HomeI or him IIeIc:h\WI\IenIde\WAR 040002\srAFP REPORT NEW.doc
WATERSIDE: LOCATION MAP
EXHIBIT A
LEGEND
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\LM BEACH POST
NO. 717651
.lished Daily and Sunday
each, Palm Beach County, Florida
NOTlC' OF PUBUC;: HEARING.
.-.or-CE OF ANNEXA1fON
NOTICE OF lAND USE AAUNDMENT
. NOTICE OF REZON.NG
. .
, : OOCE IS HEREBY GIVEN that the Community Redevelopment Agency
. I'd Of tHE CITY OFBOYNTO~ BEACH, FLORIDA, will conduct a
lI~L1C HEARING; on Tue~doy, July 13, 2004 at 6:30 p.m. ill the CITY
.ALl COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard,
.<, ~6nsider this request submitted by Carlos Bcillbeon behalf of Southern.
om~ of PQlm Beach, LLC.. The City Commission of THE CITY OF
lersonally appeared Tracey Diglio, who on oath says 'QYNTON BEAc;H, FLORIDA, will also hold public hearings to consider
rvisor of The Palm Beach Post, a daily and Sunday is request on TuesdoyJuly 20,2004, and Tuesday, August 3, 2004.'
l Beach in Palm Beach County, Florida; that the aeh Commission hearing will be at 7:00 p.m., or as soon thereafter as the
Notice in the matter of Annexation was publishedgenda permits at thlil CITY HALL CO~ISSI?N CHAMBERS, 100 East
uly 3. & 13. 2004. Affiant further says that the said ~ .... ynton ~ch Boulevard. The request IS descnped as follows:
at West Palm Beach, in said Palm Beach County, . ':n East side of Federal Highway between Palmer Road
r has heretofore been continuously published in said and Chukker Road
and Sunday and has been entered as second class Annex the Property
st Palm Beach, in said Palm Beach County, Florida, . . . . .
ling the first publication of the attached copy of Amend the C~mprehens~ve P~anFutur~ land Use. Map:
... From. Commercial High IntenSity & Medium
ays that she/he has ~el~er prod nor pronused any Residential.(P.B. County)
;ount rebate, comnusslOn or refund for the purpose To - Special High Density Residential
ublication in the said newspaper.
1 OF PUBLICATION
Rezone:
Fr:om . Multi.familyResi~ential & General
Commercial (P.B. County)
To -I.P:UD, (Infill Planned Unit Development)
115 Unit Townho~e Community
~:~ GAL DESCRIPTION: On File in the Plcmning &. Zoning Division
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ntification
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This request can be viewed between the hours of 8:00 a.m. and 5:30
p.m. at the City of Boynton Beach Planning and Zoning Division,. 1 00 East
Boynton Beach Boulevard.
All interested parties are notified to appear at said hearings in person
or by attorney and be heard, Any person who decides to appeal any
.decision of the Planning and Development Board or City Commission v.'ith
respect to any mq#erconsic\ered qtthismeetings will n~q,r~9fd9f.th~
'proceedings and. for such purpose may need' to ensure that a verbati/l'[
record of the proceedings is made, which record includes the testimony and
~ evidence upon which the appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where .
necessary to afford an individual with a disqbility an equal opportunity
to participate in and enjoy the benefits of a service, program, or activity
conducted by the City. Please contact Patricia Tucker (5,61) 742-6268, at
least twenty-four (24) hours prior to the program or activity in order for the
City to reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBUSH: July 3 and 13, 2004
~
THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Tracey Diglio, who on oath says
that she is Telephone Sales Supervisor of The Palm Beach Post, a daily and Sunday
newspaper, published at West Palm Beach in Palm Beach County, Florida; that the
attached copy of advertising, being Notice in the matter of Annexation was published
in said newspaper in the issues of Iuly 3. & 13. 2004. Affiant further says that the said
The Post is a newspaper published at West Palm Beach, in said Palm Beach County,
Florida, and that the said newspaper has heretofore been continuously published in said
Palm Beach County, Florida, daily and Sunday and has been entered as second class
mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida,
for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that shelhe has neither paid nOr promised any
person, firm or COrporation any discount rebate, commission or refund for the purpose
of securing this advertisement for publication in the said newspaper.
,1\ .
U~
Q d. . 1--A'
'0
Sworn to and subscribed before this 13th day of
JA I). l
Personally known XX or Produced Identification
Type of Identification Produced
-'--~~_......-.....
",.,.r .."
~~~ KAREN M MCLINTON
!::! '" MYco! 1<0
~1- ~ Vl l\1, ,,,,ION I; Cc 97966
OFf~lS E}(p''''RS . 9
r-8O(}.3-NOTARY '''- : IV.,.,. 15, 20(}4
Fl Notsr,. Service & ,,__ .
, "'''.".,dlng, /11C.
~~~
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C3
NO. 71:
NonCE OF PUll
NonCE OF AN
NonCE OF LAND U!
NonCE OF II
NOTICE IS HEREBY GIVEN that the C
Board of THE CllY OF BOYNTO~ e
PUBLIC HEARING, on Tuesday, July 13
HALL COMMISSION CHAMBERS, 10<
to consider this request submitted by Cc
. Homes of Palm Beach, LLC. The Cit:
BOYNTON BEACH, FLORIDA, will also
this request on Tuesday July 20, 2004
Each Commission hearing will be at 7:0<
agenda permits at the CITY HALL COM
Boynton Beach Boulevard. The request is
LOCATION: East side of Federal High
and Chukker Road
Annex the Property
Amend the Comprehensi\
From. Commercic
Residential (P.B. Cc
To . Special High [
REQUEST:
REQUEST;
REQUEST: Rezone:
From . Multi-fami~
Commercial (P.B. C
To. LP.UD. (InFiIl P~
PROPOSED USE: 115 Unit Townl
LEGAL DESCRIPTION: On File in the Plann
.-
=..::.~
, .....~-------
This reqllest can be. viewed between the.
p.m. at the City of Boynton Beach Planning
Boynton Beach Boulevard. . .
All interested parties are notified to appe
or by attorney and be heard, Any parsor
decision of the Planning and Developme.nt f
respect to on)' matt~r~onsideFecJ Qttbis;ro~
proceedings and for such purpase may flf
record of the proceedings is made, whichrec
evidence upon'which the appeal is tb be be
The City shall furnish appropriate auxilic
necessary to afford an individual with. a d
to participate in and enjoy the benefits of c
conducted by the City. Please contact PClfric
least twenty-four (24) hours prior to the prog
City to reasonably accommodate your reque
CITY OF BO'1
PLANNING J
(561) 742-62
PUBUSH: July 3 and 13, 2004