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CORRESPONDENCE 113 . / t4$ q/to(/ ,t/ Co -"",,,^,-,-... - Qt... n"'~ t,.,,\1 (.:J. e<~ ~ Q.;.J~ n ':': --* ~ 15,tJ 1 A F F A IRS t... ~ STATE OF FLORIDA DEPARTMENT OF COMMUNITY JEB BUSH Governor "Dedicated to making Florida a better place to call home" September I, 2004 THADDEUS L. COHEN, AlA Secretary '~.':-"i'::7~~~~' --Rl \ ' )6- CDi)~~ -:PVV\'~ d P- NQhCe, P\\- Honorable Gerald Taylor Mayor, City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425-0310 I: ! \ i f"'~' :1'\ Ii \L U \ , t"\j""r"\' !\i I\.;' \ Y I,;'" L: . I , I 4 ' . i I '\ ,.,__,__J "' ,,-\,s CJFF\CEj ~ t =--.-__... Dear Mayor Taylor: The Department of Community Affairs (Department) has completed its review of the adopted Comprehensive Plan Amendment adopted by (Ordinance Nos. 04-012 and 04-014; DCA No. 04Dl) for the City of Boynton Beach, as adopted on July 6, 2004, and determined that it meets the requirements of Chapter 163, Part II, Florida Statutes (F.S.), for compliance, as defined in Subsection 163.3184(l)(b), F.S. The Department is issuing a Notice of Intent to find the plan amendment, In Compliance. The Notice of Intent has been sent to the PAlM BEACH POST newspaper for publication on September 2, 2004. The Department's notice of intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Please be advised that Section 163.3184(8)(c)2, Florida Statutes, requires a local government that has an internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. Please note that a copy of the adopted City of Boynton Beach Comprehensive Plan Amendment, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of Boynton Beach, City HaIl, Planning and Zoning Department, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425. If this in compliance determination is challenged by an affected person, you will have the option of mediation pursuant to Subsection 163.3189(3)(a), F.S. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278,8466 FAX: 850,921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE 2796 o.erseas I-ighway, Suite 212 MaraDlon, FL 3305a-2227 (305) 289-2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee. FL 32399-2100 (850) 488-2356 EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Tallahassee. FL 32399-2100 Tallahassee, FL 32399-2100 (850)413-9969 (850) 488-7956 Honorable Gerald Taylor September 1, 2004 Page Two If you have any questions, please contact Ray Eubanks, Administrator, Plan Review and Processing, at (805) 922-1767. CGllw Enclosure: Notice of Intent cc: Michael Busha, Ex. Director Treasure Coast Regional Planning Council Michael Rumpf: Planning & Zoning Director Sincerely, CP\~ Charles Gauthier, AICP Chiet: Comprehensive Planning . STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE CITY OF BOYNTON BEACH COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE DOCKET NO. 04DI-NOI-5005-(A)-(I) The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for the City of Boynton Beach. adopted by Ordinance Nos. 04-012 and 04-014 on July 6,2004, IN COMPLI- ANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted City of Boynton Beach Comprehensive Plan Amendment and the Department's Objections, Recommendations and Comments Report, (if any), are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of Boynton Beach. City Hall, Plann1ng and Zoning Department, 100 East Boynton Beach Boulevard, Boynton Beach. Florida 33425 Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an admin- istrative hearing to challenge the proposed agency detennination that the Amendment to the City of Boynton Beach Comprehensive Plan is In Compliance, as defined in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the infonnation and contents descn1>ed in Uniform Rule 28-106.201, F.A.C. The petition must be filed with the Agency Clerlc, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, and a copy mailed or delivered to the local government. Failure to timely file a peti- tion shall constitute a waiver of any right to request an administrative proceeding as a petitiOner under Sections 120.569 and 120.57, F.S. Ifa petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent sball become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least twenty (20) days before the final hearing and must include all of the information and contents described in Uniform Rule 28-106.205, F.A. C. A petition for leave to intervene sball be filed at the Division of Administrative Hearings, Department of Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections 120.569 and 120.57, F.S., or to participate in the administrative hearing. After an administrative hearing petition is timely filed, mediation is available pursuant to Sub- section 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by fiIing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. ~~~ Charles Gauthier, AICP Chief of Comprehensive Planning Division of Community Planning Department of Community Affirirs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ~ ., ~I Ruden ~I McClosky 21 S SOUTH MONROE STREET SUITE 815 TALLAHASSEE, FLORIDA 32301 (850) 412-2000 FAX: (850) 224-2032 MARGARET -RAY.KEMPER@RUDEN.COM June 17,2004 Michael W. Rumpf, AICP Director, Planning and Zoning 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Re: Renaissance Commons, Boynton Town Center, and Boynton Village Dear Mr. Rumpf: You have asked our opinion as to whether Boynton Town Center and Boynton Village (hereafter "Boynton Projects") and Renaissance Commons meet the aggregation criteria set forth in Section 380.0651(4), Florida Statutes, and in Rule 9J-2.0275, Florida Administrative Code. Our analysis indicates that the developments do not meet any of the aggregation criteria except proximity. Renaissance Commons is north of the C-16 Canal, south of Gateway Boulevard, east of Congress Avenue, and west of the E-4 Canal and is within the Motorola Development of Regional Impact ("DR!"). Boynton Village is south of the C-16 Canal, north of Old Boynton Road, east of Congress Avenue, and west of the E-4 Canal. Renaissance Commons and Boynton Village are separated by the C-16 Canal. Boynton Town Center is located at the intersection of Congress Avenue and Old Boynton Road, and its northern and eastern boundaries are adjacent to Boynton Village. When as here, one of the developments (Renaissance Commons) is within a DR!, the aggregation criteria are used in evaluating whether the non-DR! development (Boynton Projects) should be added to the existing DR! (the Motorola DR!) through the substantial deviation process. Developments will be aggregated for DR! purposes if the developments are physically proximate to one another and are part of a unified plan of development. Renaissance Commons and the Boynton Projects are physically proximate as that term is defined in the Department of Community Affairs' aggregation rule (Rule 9J-2.0275, Florida Administrative Code). However, the developments are not part of a unified plan of development. TAL:47243:3 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE · MIAMI · NAPLES' ORLANDO' PORT ST. LUCIE . SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH Michael W. Rumpf, AICP June 17,2004 Page 2 For there to be a unified plan of development, two of the following five criteria must be met: I. common ownership, control, or management; 2. a reasonable closeness in time between the completion of 80% or less of one development and the submission to a reviewing or permitting authority of plans or drawings for the other development indicating a common development effort; 3. the submission of a master plan showing the entire development area to a reviewing or permitting authority, as for example, in a plat or permit application; 4. the voluntary sharing of infrastructure; or 5. a common advertising scheme or promotional plan. Common ownership will not be found unless the same person or entity has an interest or an option to obtain an interest of more than twenty-five percent (25%) in each development or has a leasehold estate of more than 30 years. The voluntary sharing of infrastructure will not be found if the infrastructure at issue is required to be shared by the local government or a permitting agency. Public recreational facilities or parks and publicly financed stormwater management, water facilities, and sewer facilities are also not considered shared infrastructure for purposes of aggregation. Renaissance Commons is owned by Compson Associates of Boynton, LLC and Compson Associates of Boynton II, LLC. James Comparato is the manager of both entities and has the ability to control the development of Renaissance Commons. Boynton Village and Boynton Town Center are being developed on what is known as Winchester site. Boynton Village is being acquired by 1950 Congress Avenue, LLC. Boynton Town Center is being acquired by Boynton Beach Place, LLC. James Comparato has a twenty percent (20%) interest and Carl E. Klepper, Jr. has a five percent (5%) interest in each of those companies with the remaining seventy-five percent (75%) being owned by The Sembler Company. The Sembler Company will manage the Boynton Projects and so will control their development. The Sembler Company does not have any ownership or leasehold interest in Renaissance Commons nor does it have an option to acquire all or a portion of Renaissance Commons or manage or control Renaissance Commons. (As noted above, James Comparato manages the entities which own Renaissance Commons.) Except for James Comparato and Carl E. Klepper, Jr., none of the entities or individuals with an interest in Renaissance Commons has any ownership or leasehold interest in the Boynton Projects or an option to acquire all or a portion of the Boynton Projects. TAl:47243:3 , Michael W. Rumpf, AICP June 17,2004 Page 3 Because James Comparato does not manage the Boynton Projects and his interest in the Boynton Projects does not exceed twenty-five percent (25%) and because none of the other entities which own one development has any interest in the other development, Renaissance Commons and the Boynton Projects are not commonly owned, managed, or controlled. Renaissance Commons and the Boynton Projects will be developed as totally separate and distinct developments. There is no master plan or common plan of development for the properties, and no master plan or drawing which includes the three developments has been submitted to the City or to a permitting agency. While the properties will be developed concurrently, the reasonable closeness in time criterion is not met as that criterion requires the submittal to a governmental agency of a master plan indicative of a common plan of development. As noted above, no such plan has been submitted. Different surface water management systems will serve Renaissance Commons and the Boynton Projects, and the drainage facilities of one development will not be shared by the other. Access to Renaissance Commons will be provided via entry points along Congress Avenue and Gateway Boulevard, both of which are public roads. Access to the Boynton Projects will be provided via Congress Avenue and Old Boynton Road, which is also a public road. Water and wastewater service to the developments will be provided by the City. Electric service to the developments will be provided by Florida Power and Light. The only infrastructure which will be shared by Renaissance Commons and the Boynton Projects is a north-south road which will cross the C-16 Canal and connect Old Boynton Road and Gateway Boulevard. The City has mandated that a bridge across the C-16 Canal be provided so that the north-south road will afford an alternative to and relieve some traffic from Congress Avenue. Because the City has mandated that the bridge across the C-16 Canal be' constructed, the north-south road does not constitute the voluntary sharing of infrastructure. Finally, there will not be a common advertising scheme or promotional plan for Renaissance Commons and the Boynton Projects. In conclusion, the Boynton Projects and Renaissance Common do not meet any of the aggregation criteria which are indicative of a common plan of development, and the Boynton Projects do not have to be added to the Motorola DR! through the substantial deviation process. If you have any questions or wish additional information, please call me. Sincerely, Margaret-Ray Kemper cc: James ComoaratcRUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. TAL:4m~ . FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE. SARASOTA' ST. PETERSBURG. TALLAHASSEE' TAMPA' WEST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE' MIAMI' NAPLES' ORLANDO' PORT ST.lUCIE · SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA. WEST PALM BEACH ~ Ruden ~~I McClosky 222 LAKE VIEW AVE NUE SUITE 800 WEST PALM BEACH, FLORIDA 33401-6112 (561) 838-4542 FAX: (561) 514-3442 KIM.GLASCASTRQ@RUDEN,COM 5/7/2004 BOYNTON TOWN CENTER I Comprehensive Plan Amendment and Rezoning Comprehensive Plan Amendment (Land Use Change) LOCAL RETAIL COMMERCIAL CATEGORY: Boynton Beach Place, LLC, (the "Applicant") is requesting amendments to the Boynton Beach Comprehensive Plan in conjunction with the proposal of a new commercial center on 25 acres across from the Boynton Beach Mall. The Applicant desires to change the land use on approximately 25-acres to a commercial land use category that facilitate a major retail anchor to draw upon the retail market that is already established within the Congress A venue corridor. The Applicant proposes to change the land use designation of the 25-acres located at the comer of Congress Avenue and Old Boynton Road from Moderate Density Residential (up to 7.26 du/ac) to the Local Retail Commercial land use designation. The proposed commercial uses will be designed with complimentary architectural style and features to abutting uses. Rezoning REZONING TO COMMUNITY COMMERCIAL (C-3) The Applicant is requesting rezoning of:t 25 acres of the subject property to the C-3 district. A site plan for Boynton Town Center I will be submitted for subsequent approval. 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 C-3 is consistent with the proposed land use WPB:175501 :8 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS - FT.lAUDERDALE - MIM11- NAPLES - PORT ST.lUClE - SARASOTA- ST. PETERSBURG. TALLAHASSEE - TAMPA -WEST PALM BEACH Page 2 designation of Local Retail Commercial (being concurrently processed). Rezoning to C- 3 will enable a major retailer to be established on the Property. 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 C-3 will promote efficient use of the subject property. The subject property's size and location presents ideal characteristics for a major retail store that will be a viable operation in an established retail and service market area. The proposed commercial uses will complement the Congress Avenue corridor. Uses and buildings will complement one another, internally, as well as with adjacent properties' improvements. The proposed C-3 district is consistent with the zoning of other commercial properties along the Congress Avenue corridor. c. Whether changed or changing conditions make the proposed rezoning desirable. The subject property is currently underutilized as an agricultural operation. The RIM zoning allows single family residential up to 5.4 units per acre. Rezoning to commercial will allow flexibility in uses and building design (i.e., maximum building footprint) that cannot be accomplished under the SMU district. This flexibility will allow major commercial users to occupy the visible comer tract and attract passerby traffic, in addition to its own consumers. d. Whether the proposed rezoning would be compatible with utility systems, roadways, and other public facilities. The proposed rezoning and resulting 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. 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 C-3 is compatible with adjacent uses: SMU to the north (proposed for the balance of the subject property, and for Renaissance Commons); C-3 south and west; and RIM to the east. The subject property fronts roadways on its south and west sides. 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. Landscape buffers will enhance overall aesthetics of the project and promote compatibility between the subject property and other properties. WPB:175501:8 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS - FT.lAUDERDAlE - MIAMI- NAPLES - PORT ST.lUClE - SARASOTA- ST, PETERSBURG - TAllAHASSEE - TAMPA -WEST PALM BEACH Boynton Beach Page 1 of 1 Matras, Hanna From: tim.stillings@kimley-horn.com Sent: Tuesday, June 15, 2004 4: 11 PM To: MatrasH@cLboynton-beach.fl.us Cc: Jason.Matson@kimley-horn.com Subject: Boynton Beach Hanna, Per our conversation today regarding prices per parking space, please consider the following: . For structured parking, the range is $8,000 to $10,000 per parking space This does not include any land acquisition costs or costs related to special conditions due to site issues and implies basic architectural treatment. The general layout of the structure may also affect the cost, Le. the more efficient the structure is regarding ramps and decks the lower cost it is to construct. The upper range of the estimate may include design costs associated with the structure. Also, these estimates are based upon historic information. The cost of steel and concrete continue to rise rapidly and show no signs of leveling off which will impact the future cost of structures including garages. For example, the City of Delray is planning a parking structure today and is adding 2% per month to the final cost until they bid the project to cover these material cost increases. . For surface parking, the range is $2,500 to 3,000 per parking space This figure is dependent on grading costs and other site issues. If the City is considering revising the payment in lieu of fee, I strongly urge that the fee is for structured parking and that the City consider a clause that the actual cost per space shall be negotiated at the time of the payment in lieu of, based upon prevailing costs for materials, etc. I hope this helps. If you need any additional information, please let me know. Tim Timothy Stillings, AICP Kimlex-Horn and Associates, Inc. 4431 Embarcadero Drive West Palm Beach, Florida 33407 T561-840-0853 F 561-882-0199 tim.stillings@kimley-horn.com <<Timothy Stillings (tim .stillings@kimley-horn.com).vcf>> 6/1512004 TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 04-138 Chairman and Members Planning and Development Board and City Commission Dick Hudson, AICP Senior Planner Michael W. Rumpf Director of Planning and Zoning June 14, 2004 Boynton Town Center I (LUAR 04-007) Amend the future land use designation from Moderate Density Residentail (MoDR) at 7 to Local Retail Commercial and rezone from R-1-AA Single-family Residential to C-3 Community Commercial. Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPTION Klatt Family Limited Partnership 1 and Klatt Enterprises, Inc. Boynton Beach Place, LLC/Kim Glas-Castro of Ruden, McClosky, et al. Northeast corner of the intersection of Congress Avenue and Old Boynton Road. (Exhibit "A") 25 acres Moderate Density Residential (MoDR) at 7.26 dwelling units per acre R-1-AA Single-family Residential Local Retail Commercail C-3 Community Commercial Commercial retail development Page 3 f Whether the property is physically and economically developable under the existing zoning. Currently zoned as RIAA, the property sits underutilized. Rezoning to C-3 will enable an economically viable, timely development project to be developed on the site. The proposed commercial uses will compliment the adjacent 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 location of the Klatt family property on the Congress Avenue corridor at the comer of Old Boynton Road lends itself to a major retailer. The tract will enable an established retail operation to relocate into expanded space, offering more services and goods - and employing more of the area residents. The proposed use is consistent with other commercials uses along the corridor. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed The subject property is the largest uncommitted tract along the Congress Avenue. This commercial corridor offers residents a variety of national and local retail and service businesses to meet their needs, all within a single portion (corridor) of the City. The Boynton Beach Mall was most likely the impetus of this retail and service corridor that now serves the City and surrounding communities. The proposed Local Retail Commercial land use and C-3 zoning will compliment existing uses and provide needed area for major retailer growth. BOYNTON TOWN CENTER The Applicant offers documentation to demonstrate new demand generated by development under the proposed zoning (C-3). The Applicant feels that any impacts can be mitigated to ensure compliance with concurrency requirements. Boynton Town Center, located on approximately 25 acres, is proposed for 250,000 s.f. of retail commercial uses. 1 This compares to the 181 residential units that could be developed pursuant to the maximum density allowed by the existing Moderate Density Residential land use category. 1 Based on performance standards within the C-3 district, 40% lot coverage might be obtained, which would result in 435,600 s.f. of commercial uses. Constraints presented by required parking and needed pervious and landscaped areas, however, restrict the maximum coverage from being obtained. This maximum development level would also necessitate DRI review (commercial threshold is 400,000 s.f.), and the proposed intensity is one that could be proposed at the local level without requiring state and regional review through the DR! process. WPB:175501 :8 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. lAUDERDAlE. MIAMI. NAPLES. PORT ST. LUCIE . SARASOTA. ST. PETERSBURG. TAllAHASSEE · TAMPA. WEST PALM BEACH 1/>;1' t, \ ~'~ ';,0 Page 4 Specific non-residential uses and businesses that occupy Boynton Town Center will be consistent with the chart of permitted uses and supplemental requirements in the C-3 district regulations. The Boynton Town Center project will be improved in a single phase, prior to the buildout date of 2008 assumed in the traffic analysis. The project will be subject to subsequent technical site plan approval. Based on the above described uses, Boynton Town Center would provide jobs for 5002 employees. Housing opportunities will be available within the adjacent mixed-use neighborhoods 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 table, 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: 181 du's 411 persons no residential within this component 2 Employment Assumption: I employee per 500 s.f. retail WPB:175501 :8 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS · FT. lAU DERDAlE. MIAMI · NAPLES. PORT ST. lUClE . SARASOTA. ST. PETERSBU RG · TAllAHASSEE . TAMPA. WEST PALM BEACH '" ;:l '" Q (l) U o o o N 1-0 (l) 0.. 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I-; ~ "'0"'0 "'0"'0 (\)"" 0..0.. 5E5E 00"'0 01)01) \::; ~ -::to 00 0\0 I.() I.() ~ 8 \O~M ~~ c-t ~Q t- ~ ...... ...... \O-::t MM I.() Ms:: - 0 ro .- m '.j:j ~ s:: s::- 0 2 ~ ...... m I-; o 0 ...... (\) I p..p.. -::t 0.. I "E - ta (\) ro 8 .- .- u u 0.. I-; I-; 0 (\) (\) - ta ~ ~ (\) ;;> .- <l) "E 0 0 0 <l) u u ~ ..... tH tH 0 p.. vi vi 8 0 0 .- ;:l 0 0 ~ "'0 0 o~ ;E ...... 0 I.() 00 I.() M ...... ~ -::t -.. ~ ~ 2 ~ 0 -.. ~ - ;:J 0 ro m .- "'Cl (\) 0 u I-; ;E I-; ~ .- (\) ~ g. '-....' (\) ~ Q (\) m ~ ~ m :::> Q '-....' :::> 0 J. ell ~g~ (\) ~ ell ....:l's :::> ....:l "E~ .~ 01) s:: ell_ S .- o ro ..... .- ell o..u ~ .- o 0 >:: I-;....:l ;E ~ p.. '-....' '; 'y '; .. '0 ~ .. e is g au C u ..Q ~:rg ~oo "'0 .D . - If'l 'oOM If'l II Z o 00 ....... 0::.: < p.. ;E o U E--< U < p.. ;E ....... ~ 00 :::> o ~ ....:l :c u < u.J Q:l 1.0 C! II '0 o ..c u '" -Eb :E ~ ~ f- <r> u.J 3: . < ~ ~ f- . u.J ..( ~ a.: :f :s -' ~ . ;;.., -9 ~ 0. '#. r- oo <'l ;S .~ <+-< '" o o o ~ .9- ;=: _r ...J LU (J') (J') :) ~ 0:: ::l o(S fQ 0:: u.J LU t;:; ~ ~ (J') ~ :) V'l I .( U f- (J') ~ I ~ t:: ~ ~ ~ (J') 0 >-' :3 ~ ...: (J') <r> o ~ ...J 0 U ~ u · ~ ~ ~ z < LU Z o · :) ~ 0:: ~ '<t C! II '0 o ..c u '" (l) =a '"t:l "s 00 C! II '0 o ..c u '" i (l) S (l) Q) . u.J -' < Cl 0.:: u.J Cl ::l :s ...: ..... . V'l < ~ < u <:'! o It) It) "- .... iri a. ~ Page 6 CONSISTENCY WITH COMPREHENSIVE PLAN The proposed land use change from MoDR to 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 commercial project will serve as a form on infill along the developed Congress Avenue corridor. The 25 acre commercial tract will provide sufficient land area for a major retailer to expand its operation within its existing trade area versus developing property further west along the County's urban fringe. Regulation of Land Development Orders: Objective 1.16, Policy 1.16.1 The proposed zoning district, Community Commercial (C-3), is consistent with the requested land use - Local Retail Commercial. The proposed Boynton Town Center development project is consistent with the use, density and intensity provisions of the land use and zoning designations. WPB:175501:8 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS-FT.lAUDERDAlE - MIAMI- NAPLES- PORT ST.lUCIE - SARASOTA-ST. PETERSBURG - TALLAHASSEE -TAMPA -WEST PALM BEACH Page 7 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 58,8709, 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 ($47,54610) is greater than that of the County as a whole ($37,04511), 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 commercial businesses to meet the growing needs of the City's population. The subject property's location presents an ideal site for a commercial project that will provide convenient, easily accessible services, retail operations and employment opportunities. 9 Florida Department of Labor and Employment Security 10 2000 Census 11 2002 Demographic Profile of the Treasure Coast Region, TCRPC WPB:17SS01 :8 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. lAUDERDAlE. MIAMI. NAPLES. PORT ST. lUClE. SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH BOYNTON TOWN CENTER - C-3 Existing land Use Water and Sewer Flow Estimate Water Uses Unit No. of Units Water Flow Allocation Flow Residential I 588 dwellina units dwellina unit 588 374 GPOI dwelling unit(l) 219,912 GPO Commercial I o sa. ft. sq. ft. 0 0.125 GPOI sq. ft. o GPO II Total Water Flow = 219,912 GPO I Sewer Uses vllit No. of Units Sewer Flow Allocation Flow Residential I 588 dwelling units dwelling unit 588 300 GPOI dwelling unit(l) 176,400 GPO Commercial I o sq. ft. sq. ft. 0 0.125 GPOI sq. ft. o GPO II Total Sewer Flow = 176,400 GPO I Notes: 1) Note for the purposes of calculation we used a 2 bedroom unit to calculate the total flow requirements for the project BOYNTON TOWN CENTER - C-3 Proposed land Use Water and Sewer Flow Estimate Water Uses Unit No. of Units Water Flow Allocation Flow Commercial I 250,000 sq. ft. sq. ft. 250,000 0.125 GPO! sq. ft. 31,250 GPO II Total Water Flow = 31,250 GPO Sewer Uses Unit No. of Units Sewer Flow Allocation Flow Commercial I 250,000 sq. ft. sq. ft. 250,000 0.125 GPO! sq. ft. 31,250 GPO II Total Sewer Flow = 31,250 GPO Notes: 1) Note for the purposes of calculation we used a 2 bedroom unit to calculate the total flow requirements for the project C(( ,The City 01 &ynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org Ms Anna Yeskey Clearinghouse 9835-16 lake Worth Road, Suite 223 lake Worth, Florida 33467 Re: City of Boynton Beach large-scale Amendment Round 04-2 Dear Anna: Attached is the completed Executive Summary for the above-reference Comprehensive Plan Amendments. If further information is needed, please contact me at (561) 742-6264. Sincerely Wee:/! ---- Dick Hudson, Senior Planner Encl: S:\PlANNING\SHAREO\Wp\PROJECTS\BOvtlTON VILlAGE-BOYNTON TOWN CENTER l\LUAR O+OO6\IPARC roVER.DOT , , . Page 10f3 EXECUTIVE SUMMARY FOR COMPREHENSIVE PLAN AMENDMENTS DATE: June 8, 2004 Reference # Round 04-2 Large-scale Amendments General Information Initiating Local Government: City of Boynton Beach Contact Person: Dick Hudson, Senior Planner Address: 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33425 Telephone/Fax: (561) 742-6264/(561) 742-6259 fax Proposed Comprehensive Plan Text Amendments General Summary of Amendments: -1L amendments relating to traffic circulation or the roadway networks _ amendments relating to affordable housing Amendments related to the following elements: --L- land use -1L transportation _ housing - infrastructure sub-elements _ coastal management - conservation _ recreation and open space _ intergovernmental coordination _ capital improvements - other Summary of addition (s) to adopted comprehensive plan: 1. Future Land Use Element - Amend Policy 1.16.1 of the by adding a Mixed Use-Suburban land use category, providing for consistent zoning districts, allowed uses, density and intensity of development. 2. Transportation Element - Designate a part of the City of Boynton Beach Community Redevelopment Area (CRA) as a Transportation Concurrency Exception Area (TCEA) 3. Update Transportation Element Data & Analysis Figure 4 (Functional Classification of Roadways Map) by adding two roadway segments classified as Local Collectors. . ~ Page 2 of3 Proposed Amendments to the Future Land Use Map Project Name Boynton Town Center (LUAR 04-007) Applicant! Agent Boynton Beach Place, LLC/Ruden, McClosky, Smith, Schuster & Russell, P.A. Telephone/Fax: (561) 838-4542/(561) 514-3442 (fax) Location of proposed map amendments (include a location map): Northeast comer of the intersection of Congress Avenue and Old Boynton Road Size of Area Proposed for Change (acres): 25 acres Present Future Land Use Plan Designation (include a density/intensity defInition): Moderate Density Residential (MoDR) 7.26 du/ac Proposed Future Land Use Designation (include a density/intensity defInition): Local Retail Commercial (LRC) Present Zoning of Site (include a density/intensity defInition): R-1-AA Single Family Residential (7.26 du/ac) Proposed Zoning of Site (include a density/intensity defInition): C-3 Community Commercial Present Development of Site: Vacant Proposed Development of the Site, ifknown (Number of Dwelling Units; Commercial Square Footage; Industrial Square Footage; Other Proposed usage and intensity): 250,000 sq. ft. Commercial Is proposed change a Development of Regional Impact? N/A Comprehensive Plan Change Processing Daterrime/Location Scheduled for Planning and Development Agency Board Hearing: June 22, 2004/6:30 p.m.lCity Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, FL Daterrime/Location Scheduled for LP AlGoveming Body Public Hearing July 20, 2004/7:00 p.m.lCity Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, FL Scheduled Date for Transmittal to DCA July 30, 2004 . Page 3 of3 Proposed Amendments to the Future Land Use Map Project Name Boynton Village (LUAR 04-006) Applicant! Agent 1950 Congress Avenue LLC/Ruden, McClosky, Smith, Schuster & Russell, P.A. TelephonelFax: (561) 838-4542/(561) 514-3442 (fax) Location of proposed map amendments (include a location map): Northeast comer of the intersection of Congress A venue and Old Boynton Road. Size of Area Proposed for Change (acres): 81.81 acres Present Future Land Use Plan Designation (include a density/intensity definition): Moderate Density Residential (MoDR) 7.26 du/ac Proposed Future Land Use Designation (include a density/intensity definition): Mixed Use-Suburban (MX-S) 20 du/ac and FAR 1.0 Present Zoning of Site (include a density/intensity definition): R-l-AA Single Family Residential (7.26 du/ac) Proposed Zoning of Site (include a density/intensity defmition): SMU Suburban Mixed Use Present Development of Site: Vacant Proposed Development of the Site, ifknown (Number of Dwelling Units; Commercial Square Footage; Industrial Square Footage; Other Proposed usage and intensity): 1120 units residential, 10,000 sq.ft. office, 149,000 sq. ft. retail. Is proposed change a Development of Regional Impact? N/A Comprehensive Plan Change Processing Datetrime/Location Scheduled for Planning and Development Agency Board Hearing: June 22, 2004/6:30 p.m./City Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, FL Datetrime/Location Scheduled for LP AlGoveming Body Public Hearing July 20,2004/7:00 p.m./City Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, FL Scheduled Date for Transmittal to DCA July 30, 2004 BOYNTON VILLAGE AND BOYNTON TOWN CENTER I LOCATION MAP o ii .3 Local Refa" CommercIal Industrial BOYNTON VILLAGE LUAR 04-006 Subuman Mixed Use 81.814 acres ~~:lll:~ LUAR 04-007 Local Re",,, CollI rclal 25.00 acres Local CommercIal Cf( . ~ ~ ~ ~ W+E S \ .cr [he CitlJ 0/ BolJnton 13ea.clz DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org Ms Anna Yeskey Clearinghouse 9835-16 lake Worth Road, Suite 223 lake Worth, Florida 33467 Re: City of Boynton Beach large-scale Amendment Round 04-2 Dear Anna: Attached is the completed Executive Summary for the above-reference Comprehensive Plan Amendments. If further information is needed, please contact me at (561) 742-6264. Sincerely WCe~L/ ---- Dick Hudson, Senior Planner Encl: S:\PlANNING\SHAREO\wp\PROJECTS\BOYNTON VILlAGE-BOYNTON TOWN CENTER l\LUAR O+OO6\IPARC COVER.DOT f Page lof3 EXECUTIVE SUMMARY FOR COMPREHENSIVE PLAN AMENDMENTS DATE: June 8, 2004 Reference # Round 04-2 Large-scale Amendments General Information Initiating Local Government: City of Boynton Beach Contact Person: Dick Hudson, Senior Planner Address: 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33425 TelephonelFax: (561) 742-6264/(561) 742-6259 fax Proposed Comprehensive Plan Text Amendments General Summary of Amendments: -1L amendments relating to traffic circulation or the roadway networks _ amendments relating to affordable housing Amendments related to the following elements: .2L land use ..1L transportation _ housing infrastructure sub-elements - _ coastal management - conservation _ recreation and open space _ intergovernmental coordination _ capital improvements - other Summary of addition (s) to adopted comprehensive plan: 1. Future Land Use Element - Amend Policy 1.16.1 of the by adding a Mixed Use-Suburban land use category, providing for consistent zoning districts, allowed uses, density and intensity of development. 2. Transportation Element - Designate a part of the City of Boynton Beach Community Redevelopment Area (CRA) as a Transportation Concurrency Exception Area (TCEA) 3. Update Transportation Element Data & Analysis Figure 4 (Functional Classification of Roadways Map) by adding two roadway segments classified as Local Collectors. I Page 2 of3 Proposed Amendments to the Future Land Use Map Project Name Boynton Town Center (LUAR 04-007) Applicant! Agent Boynton Beach Place, LLC/Ruden, McClosky, Smith, Schuster & Russell, P.A. TelephonelFax: (561) 838-4542/(561) 514-3442 (fax) Location of proposed map amendments (include a location map): Northeast comer of the intersection of Congress A venue and Old Boynton Road Size of Area Proposed for Change (acres): 25 acres Present Future Land Use Plan Designation (include a density/intensity definition): Moderate Density Residential (MoDR) 7.26 du/ac Proposed Future Land Use Designation (include a density/intensity definition): Local Retail Commercial (LRC) Present Zoning of Site (include a density/intensity definition): R-l-AA Single Family Residential (7.26 du/ac) Proposed Zoning of Site (include a density/intensity definition): C-3 Community Commercial Present Development of Site: Vacant Proposed Development of the Site, ifknown (Number of Dwelling Units; Commercial Square Footage; Industrial Square Footage; Other Proposed usage and intensity): 250,000 sq. ft. Commercial Is proposed change a Development of Regional Impact? N/A Comprehensive Plan Change Processing DateITime/Location Scheduled for Planning and Development Agency Board Hearing: June 22, 2004/6:30 p.m./City Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, FL DateITimelLocation Scheduled for LP AlGoveming Body Public Hearing July 20, 2004/7:00 p.m./City Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, FL Scheduled Date for Transmittal to DCA July 30, 2004 . Page 3 of3 Proposed Amendments to the Future Land Use Map Project Name Boynton Village (LUAR 04-006) Applicant! Agent 1950 Congress Avenue LLC/Ruden, McClosky, Smith, Schuster & Russell, P.A. TelephonelFax: (561) 838-4542/(561) 514-3442 (fax) Location of proposed map amendments (include a location map): Northeast comer of the intersection of Congress A venue and Old Boynton Road. Size of Area Proposed for Change (acres): 81.81 acres Present Future Land Use Plan Designation (include a density/intensity definition): Moderate Density Residential (MoDR) 7.26 du/ac Proposed Future Land Use Designation (include a density/intensity defmition): Mixed Use-Suburban (MX-S) 20 du/ac and FAR 1.0 Present Zoning of Site (include a density/intensity definition): R-l-AA Single Family Residential (7.26 du/ac) Proposed Zoning of Site (include a density/intensity definition): SMU Suburban Mixed Use Present Development of Site: Vacant Proposed Development of the Site, ifknown (Number of Dwelling Units; Commercial Square Footage; Industrial Square Footage; Other Proposed usage and intensity): 1120 units residential, 10,000 sq.ft. office, 149,000 sq. ft. retail. Is proposed change a Development of Regional Impact? N/A Comprehensive Plan Change Processing DateITime/Location Scheduled for Planning and Development Agency Board Hearing: June 22, 2004/6:30 p.m./City Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, FL DateITime/Location Scheduled for LP AlGoveming Body Public Hearing July 20,2004/7:00 p.m./City Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, FL Scheduled Date for Transmittal to DCA July 30, 2004 BOYNTON VILLAGE AND BOYNTON TOWN CENTER I .; LOCATION MAP Local Retail Commel'Clal o BOYNTON VILLAGE LUAR 04-006 Suburban Mixed Use 81.814 acres .. ~..iir~. ~lOf~ oS 2&00 8CIU Local Commel'Clal t Industrial ..., _ IoId J:lIlI W+E S FACSIMILE CITY OF BOYNTON BEACH City Hall, West Wing 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425 (561) 742-6260 (561) 742-6259 Fax Planning & Zoning Division FAX: (561) 514-3442 TO: Kim Glas-Castro FROM: Dick Hudson NUMBER OF PAGES: (including cover) 7 DATE: 8/30/04 RE: Comp Plan Amendments for SMU and Boynton Town Center/Village Kim, The following comments were received this morning. I'm passing them on to you. Do what you want to respond. Dick If you receive this fax in error, or experience trouble with transmission, please notify our office immediately, at (561) 742-6260. Thank you. ! The City 0/ Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org June 11, 2004 Ms Kim Glas-Castro, AICP Ruden, McClosky, Smith, Schuster & Russell, P.A. 222 Lakeview Avenue-Suite 800 West Palm Beach, FL 33401 Re: Boynton Town Center/Boynton Village Dear Ms Glas-Castro: Staff reports on the applications for rezonings for the above referenced projects are being completed in anticipation of the Planning and Development Board's review, scheduled for June 22, 2004. In light of the fact that each of these projects contain commercial use components, please inform your clients that the City will expect them to demonstrate consistency with the following policy contained in the Future Land Use Element of the City of Boynton Beach Comprehensive Plan: "Policy 1.3.8 The City shall continue to adopt and enforce regulations to require that commercial projects provide marginal access roads or cross access between sites, wherever practical, in order to minimize the need for trips on adjacent thoroughfares." In addition to connectivity between the two projects you represent, there is also an opportunity for these projects to proVide cross access with the Renaissance Commons project, currently being developed to the north. Staff would strongly recommend that your applicants work with the developer of Renaissance Commons to secure agreements for cross access. The development of a roadway connecting Old Boynton Road with Gateway Boulevard could have a positive effect of lessening traffic Impacts on Congress Avenue. If you have any questions regarding this requirement, please do not hesitate to contact me at (561) 742-6264. ~~d- Dick Hudson, AICP Senior Planner