REVIEW COMMENTS
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
1Xk
Dick Hudson, fM:~
Senior Planner \)0
Michael W. Rump~
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) 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 Commercial
C-3 Community Commercial
Commercial retail development
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File Number: LUAR 04-007
Boynton Town Center I
Adjacent Uses:
North:
Vacant property designated Moderate Density Residential (MoDR),
zoned R-l-AA Single-family Residential and proposed to be
reclassified to Mixed Use-Suburban.
South:
The right-of-way of Old Boynton Road, then a developed
commercial center (Oakwood Plaza) designated Local Retail
Commercial (LRC) and zoned C-3 Community Commercial.
East:
Vacant property designated Moderate Density Residential (MoDR),
zoned R-l-AA Single-family Residential and proposed to be
reclassified to Mixed Use-Suburban.
West:
The right-of-way of Congress Avenue then commercial
development (restaurants) designated Local Retail Commercial
(LRC) and zoned C-3 Community Commercial.
PROPERTY OWNER NOTIFICATION
Owners of property within 400 feet of the subject rezoning were mailed a notice of this request
and hearing. Included in the mailing list was the Sky Lake Homeowners Association. To ensure
optimal notification to potentially affected property owners, representatives of the Laurel Hills
and Venetian Isles Homeowners Associations were also mailed separate notices despite the
location of their properties being outside the 400 foot notification boundary.
EXECUTIVE SUMMARY
In the absence of requested information regarding traffic impacts, staff does not recommend
approval of the requested land use amendment and rezoning; nevertheless:
1. The proposed rezoning will relate to the adjacent three quadrants of the intersection of
Congress Avenue and Old Boynton Road, whereas the existing designation for single-
family residential development might be viewed as contrary to the established land use
pattern in the area;
2. There may be a probable need for additional retail commercial development in the
Congress Avenue corridor to balance the residential development proposed within the
vicinity;
3. The proposed commercial development may have a positive effect on the economic
development of the City; however, if approved staff recommends a condition that
commercial development on the site be limited to 250,000 sq. ft.; and,
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File Number: LUAR 04-007
Boynton Town Center I
4. The proposed land use and zoning are complimentary to this segment of the Congress
Avenue corridor, which has developed into a retail commercial core as recognized
beyond the City's borders.
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 25.00 acres. Because of
the size of the property under consideration, the Florida Department of Community Affairs
classifies this amendment as a "large-scale" amendment. Following local board review and City
Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department
of Community Affairs (DCA) for review for compliance with the state, regional and local
comprehensive plans prior to adoption. Following the review period of approximately 60 days,
DCA provides the City with a report of their findings in an "Objections, Recommendations and
Comments (aRC) Report". The City then has 60 days to either (1) adopt the amendment as
transmitted, (2) adopt the amendment with changes in response to the aRC report, or (3)
determine not to adopt the amendment and inform DCA of that decision. According to Florida
Statutes Chapter 163, large-scale amendments may only be adopted during two amendment
cycles each calendar year. This amendment is a part of the second amendment cycle for
calendar year 2004. Adoption is anticipated for November 2004.
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
The property is not located in the hurricane evacuation zone; therefore the cited policy is not
applicable. Other Comprehensive Plan policies are applicable and reviewed below.
Policy 1.19.6 of the Land Use Element reads:
"The City shall not allow commercial acreage which is greater than the demand which
has been projected. . . The City shall not allow commercial unless a particular property
is unsuitable for other uses, or a geographic need exists which cannot be fulfilled by
existing commercially-zoned property, and the commercial use would comply with all
other applicable comprehensive plan policies."
Section VIII. LAND USE PROBLEMS AND OPPORTUNmES, from the Support Documents of the
Comprehensive Plan gave specific directions for this property. In effect, those directions stated
that since adequate commercially-zoned land exists to accommodate existing and projected
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File Number: LUAR 04-007
Boynton Town Center I
demands, the property should be considered as a site for one or more major manufacturing
plants. A major concern, expressed in the directions, was the impacts on roads in the vicinity.
The population growth alone may account for a need for increased commercial development.
The Palm Beach county population projections for 2010 and 2020 show growth rates which are
substantially down from the 31% over the last decade, but still fairly high (22% for 2000-2010
and 18% for 2010-2020). Boynton Beach, which grew at the same pace as the county between
1990 and 2000, is nearing buildout. However, the reevaluation of redevelopment activities,
particularly in areas with proposed higher densities, has recently resulted in the upward
adjustment of the projected growth rates for 2000-2010 and 2010-2020 for the city from 11%
and 9%, to 17% and 13%, respectively. Also a study titled "Retail and Office Space and Land
Sales Research Study" for the Motorola site, prepared by Land Reseach Management, Inc. in
June of 2003 was not a full market study; however, it indicates that such increased demand for
commercial space exists based on the low vacancy rates for the existing commercial
development in the vicinity.
Low demand for industrially-zoned property has seen the conversion of those properties to
other uses. When no tenant could be found for the Motorola site, that property was
redesignated for mixed use development. Likewise, as demand fell for industrial land in
Quantum Park, a mixture of uses was approved for that property which includes residential,
educational and commercial development. Other conversions of industrial lands have occurred
in the Congress Avenue corridor at the southern part of the City. These changing
circumstances since adoption of the Comprehensive Plan in 1989 are a factor in consideration of
the requested land use amendment and rezoning.
In developing the site plan for this property, the applicant should work with the developers of
adjacent properties to implement, where appropriate, the following policy from the
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. "
The provision of connectivity between this site and the proposed mixed-use project to the north
could serve to minimize the need for trips, particularly on Congress Avenue.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning would not create an isolated district, but would relate to the adjacent
three quadrants of the intersection of Congress Avenue and Old Boynton Road and the
concentration of retail commercial uses and centers along this segment of Congress Avenue.
Rather, it is the existing designation as Moderate Density Residential that might be viewed as
contrary to the established land use pattern in the area, particularly in view of the application
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File Number: LUAR 04-007
Boynton Town Center I
for land use amendment to Mixed Use-Suburban designation for adjacent property, being
processed concurrently with this application.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The population growth, cited in "Item a", is a changing condition that could make the proposed
rezoning desirable. Also, the decreased demand for industrially-designated land, which was
seen as an alternate development option in 1989, and the increase in residential development
in the area, are changing conditions that must be considered.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
The applicant has submitted estimates for water and sewer flows based on currently allowable
residential development and the proposed commercial development. These estimates show
that if the property develops as single-family residential, the demand for water will be 219,912
gallons per day (GPD) and 176,400 GPD sewer flow. Developed with retail commercial uses,
the demands for each will be lowered to 31,250 GPD. The Utilities department has stated that
the ability to provide adequate water and wastewater service should not be an issue.
The traffic impact analysis submitted by the applicant shows that the average daily trips
generated by 181 single-family residential units under the existing land use designation would be
1,267; under the proposed commercial land use designation the average daily trips would equal
7,434; a net increase of 6,171 new trips. This amendment alone would not lower the levels of
service on surrounding roadways. Traffic impacts were also evaluated in combination with the
concurrent applications for land use amendment and rezoning of the adjacent property. The
applicant's traffic engineer has stated that the proposed development will only meet all of the
requirements of the Traffic Performance Standards of Palm Beach County if phasing of the
development is linked to the County's programmed roadway and intersection improvements and
those proposed by the traffic engineer. However, many of the cited improvements, which include
widening Gateway Boulevard from four lanes to six lanes between Congress Avenue and High
Ridge Road, and widening Old Boynton Road from two lanes to five lanes between Boynton
Beach Boulevard and Congress Avenue, would require an amendment to the Palm Beach County
Five-Year Roadway Improvements Program (2003-2008). Absent any positive response from
Palm Beach County with regards to additional data and analysis the Traffic Division has
requested, staff cannot recommend approval of the requested land use amendment and
rezoning.
The Police Department has utilized statistical data for the Wal-Mart Super Center to assess the
possible impacts from the super center proposed on the Boynton Town Center site. During
construction of the Wal-Mart, there were 17 calls for service at the site and extra patrols were
deployed to curb criminal activity. Data collected for each calendar year (January 1 to December
31) since Wal-Mart opened in January 2001 show the following:
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Boynton Town Center I
YEAR TOTAL CALLS FOR SERVICE* TRAFFIC RELATED CALLS**
2001 568 89
2002 722 135
2003 809 219
Shoplifting accounts for 50.8% of the total calls for service.
** Traffic related calls included in total calls for service
*
In addition to the super center, there will be smaller commercial uses as a part of the complex
and in the adjacent Boynton Village mixed-use development. These businesses will generate
approximately 81 calls per year. Coupled with the 1,120 dwelling units, also associated with the
Boynton Village development, the data indicate that an additional Uniformed Services patrol zone
may have to be initiated and manned to provide police services to the residents and businesses
on the site. This will require 4 additional police officers to man the new zone.
Fire-Rescue indicates that increases in population density and commercial development also
increase traffic congestion. Traffic light pre-emption for emergency vehicles is essential to
maintaining desired response time. It is imperative that Fire Station #4 is completed and in
service prior to completion and occupancy of these new projects, and that Fire Station #5 be
expedited to insure adequate service delivery levels and effective response times in the
northeast section of the City and as a backup in the northwest section of the City. Approval of
new development projects involving multi-family of high-intensity commercial projects should be
contingent upon consideration of future upgrades in emergency dispatch capability.
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that
adequate capacity exists to accommodate the county's municipalities throughout the 10-year
planning period. The School District of Palm Beach County does not review non-residential
projects for concurrency.
Lastly, drainage will also be reviewed in detail as part of the site plan approval process, and
must satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
Compatibility of the project with surrounding uses is discussed under "Item b". Given that
properties in the remaining quadrants of the Congress Avenue-Old Boynton Road intersection
are developed with commercial uses, the development of this property in a similar manner will
not affect property values negatively.
f. Whether the property is physically and economically developable under the existing
zoning.
The property is developable under existing land use designation and zoning. Given the
commercial nature of existing development in this segment of the Congress Avenue corridor
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File Number: LUAR 04-007
Boynton Town Center I
and the changing circumstances cited in "Item a", it is questionable if single-family residential
development would be the highest and best use of the property.
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 application states that the Boynton Town Center will contain 250,000 sq. ft. of retail
commercial development. . This will have a positive effect on the economic development of
the City through its contribution to property taxes, employment, and the support it provides
being "an anchor" for other commercial businesses. Under the Local Retail Commercial land
use designation, a floor area ratio (FAR) of up to 0.5 may be considered. This FAR would allow
up to 544,500 sq. ft. of development. Development at this scale (above 400,000 sq. ft. of
commercial uses) would necessitate review of the project as a Development of Regional Impact,
and would be far beyond a scale related to the needs of the neighborhood. Staff recommends
a condition that commercial development on the site be limited to 250,000 sq. ft. This would
allow the development of the "Big Box" used in the traffic impact analysis, as well as several
smaller uses.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
There is little vacant land in the City designated Local Retail Commercial, and certainly no parcel
approaching this size.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan,
it may, however, create additional impacts on infrastructure, particularly the roadway network,
that have not been anticipated in the Comprehensive Plan. The project may be compatible
with adjacent land uses and may contribute to the overall economic development of the City.
Therefore, staff does not recommend that the subject request be approved. If approval is
considered, it should be with the conditions that the amendment and rezoning meets the
County's Traffic Improvements Standards and that commercial development is limited to a
maximum of 250,000 sq. ft. If the City Commission recommends conditions, they will be
included within Exhibit "B".
ATTACHMENTS
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