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APPLICATION , L PROJECT NAME: .. ' BoyntvlI Town Center 1 LOCATION: PCN: I FILE NO.: LUAR 04-007 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: The Klatt Family Limited Ruden, McCloskey, Smith, Schuster & Partnership 1& Klatt Enterprises, Inc Russell, P .A. ADDRESS: 9290 Nickels Road Boynton ADDRESS: 222 Lakeview A venue Suite 800 Beach, FL 33425 West Palm Beach, FL 33401 FAX: FAX: 514-3442 PHONE: - PHONE: 838-4542 Date of submittal/Projected meetin2 dates: SUBMITTAL / RESUBMITTAL 4/1/04 1 ST REVIEW COMMENTS DUE: N/A PUBLIC NOTICE: Mail: 5/24/04 Publish: 6/12/04 6/22/04 TRC MEETING: N/A LAND DEVELOPMENT SIGNS POSTED N/A (SITE PLANS): PLANNING & DEVELOPMENT BOARD 6/22/04 MEETING: COMMUNITY REDEVELOPMENT N/A AGENCY BOARD CITY COMMISSION MEETING: 7/6/04 COMMENTS: S:\Planning\SHARED\ WP\PROJECTS\Boynton Village-Boynton Town Center 1 \LUAR 04-007\2004 PROJECT TRACKING INFO.doc ....1.' ',' ."t APPLICATION ACCETABLE DATE: RECEIVED BY STAFF MEMBER: . FEE PAID: RECEIPT NUMBER: HAS APPLICANT ATTENDED A PRE-APPLICATION MEETING? Y.es DATE: 03/10/04 " .. CITY OF ~OYNTON BEACH, FLORIDA PLANNING & DEVELOPMENT BOARD .. LAND. USE AMENDMENT ANDIOR REZONING APPLICATION .. This application must be filled out completely and accurately and submitted, together ..Wlth the materials listed in Section II below. in two (2) copies to the Planning Division. Incomplete applications will not be processed. .. ,I PLEASE PRINT LEGIBLY OR TYPE ALL INFORMATION. I. GENERAL INFORMATION 1. Project Name: Boynton Town Center I 2. Type of Application (check one) x a. Land Use Amendment and Rezoning b. Land Use Amendment Only c. Rezonin~ only 3. Date this application is accepted (to be filled out by Planning Division) 4. Applicants Name (person or Business entity in whose name this appli~ion is made) Boynton Beach Place, LLC Address: . 1450 South JohnsonuFerry Road - ~l1if'''' lnn Atlanta, GA 30319 Phone: 561-391-6570 (Zip Code) FAX: 561-391-2423 5. Agent's Name (person, if any, representing applicant Address: Ruden. McCloskv. Smith. Schuster & Russell. P.A. (Kim Glas-Castro, AICP and Bonnie Miskel, Esq~) 222 Lakeview Avenue. Suite 800 West Palm Beach, FL 33401 Phone: 561-838-4542 (Zip Code) FAX: 561-514-3442 ... . , ., .. ." . ' 6. Property Owner's (or Trustee's) Name: , I . The Klatt-Family Limited Partnership #1 and Klatt Enterprises. Tnc. Address: . 9290 Nickels Blvd. Boynton Beach,FL 33425 (Zip Code) . Phone: FAX: 7. Correspondence Address (if different than applicant or agent). -This is the only address to which all agendas, letters, and other materials will be mailed ' 8. What is the applicant's interest in the subject parcel: (Owner, Buyer, Lessee, Builder, Developer, Contract Purchaser, etc.) 9. Contract Purchaser I Developer Street Address or Location of Subject Parcel: NE Corner of Old Boynton Road and Congress Avenue PCN (s) 08-43-45-20-01-000-0680 and 08-43-45-20-01-000~0090 10. Legal Description of Subject Parcel (please also provide on disk in "Word" format): ~po:> At-t-.....},pr! 11. Area of Subject Parcel (to nearest hundredth (1/100) of an acre: 25 acres 12. Current Land Use Category: Moderate Density Residential 13: Proposed Land Use Category: Local Retail Commercial 14. Current Zoning District: RIM 15. Proposed Zoning District: C-3 16 Intended use of subject parcel: ~omrnercial Retail 17. Developer or builder: Boynton Beach Place, LLC 18. Architect: DTI ',' j >,' . , 19. Landscape Architect: (DTI) Design "Tech International " " 20. Site Planner: DTI 21. Civil Engineer: DTI . , I 22. Traffic Engineer: Pinder Troutman 23. Surveyor: Davis & Purmont II. MATERIALS TO BE SUBMITTED WITH APPLICATION The following materials shall be submitted in two (2) copies, unless otherwise indicated: (please check) :' _a. This application form.' _b. A copy of the last recorded warranty deed. _c. The following documents and letters of consent: _(1) If the property is under jOint or several 'ownership: a written consent to the application by all owners of record, _(2) If the applicant is a contract purchaser: a copy of the purchase contract and written consent of the owner and seller, and, _(3) If the applicant is represented by an authorized agent: a copy of the agency agreement, or written consent of the applicant, and _(4) If the applicant is a lessee: a copy of the lease agreement, and the written consent o( the owner, and _(5) If the applicant is a corporation or other business entity: the name of the officer or person responsible for the application, and written proof that said person has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corporation. _d. A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida, dated not more than six (6) months prior to the date of submission of the application, at a scale prescribed by the Planning Division, and containing the following information: _(1) An accurate legal description of the subject parcel. _(2) A computation of the total acreage of the subject parcel to the nearest hundredth (1/100) of an acre. _(3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree preservation Ordinance. (Also refer to Page 6, Sec. \I h.(12) of this application if property is occupied by native vegetation.) This requirement may be waived by the Planning Director where found to be unrelated to the land use or zoning issues involved with the application. " ' _e. . , . , , " A complete certified list of all property owners, mailing addresses, and legal descriptions for.all . properties within at least four hundred (400) feet of the subject parcel as recorded in the latest official tax. rolls in the county courthouse shall be furnished by the applicant, including a tax map showing placement of 400 feet boundary. Postage, and mailing labels or addressed envelopes must also be provided. Said list shall be accompanied by an affidavit stating that to the best of the applicant's knowledge said list is complete and accurate. Notification of surrounding property owners will be done by the City of Boynton Beach. . , , _f. A copy of the Palm Beach County Property Appraiser's maps showing all of the properties referred to in paragraph e. above, and their relation to the subject parcel. . J. A statement by'the applicant justifying the zoning requested, including reasons why the'property is unsuitable for development under the existing zoning and more suitable for development under the proposed zoning. The statement should address the following criteria which the Planning and Zoning Division utilizes in evaluating land use amendment and rezoning applications: 1) Whether the proposed land use amendment/rezoning would be consistent with applicable comprehensive plan policies. The division shall also recommend limitations or requirements that would have to be imposed on; subsequent development of the property in order to comply with policies contained in the comprehensive plan. 2) Whether the proposed land use amendmenUrezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. 3) Whether changed or changing conditions make.the proposed land use amendment/rezoning desirable. ' ' 4) Whether the proposed land use amendment/rezoning would be compatible with utility. systems, roadways and other public facilities. 5) Whether the proposed land use amendment/rezoning would be compatible with the current and future use of adjacent and nearby properties or would affect the property values of adjacent and nearby properties. . 6) Whether the property is physically and economically developable under the existing land . use designation/zoning. 7) Whether the proposed land use amendment/rezoning is of a scale that is reasonably related to the needs of the neighborhood and the city as a whole. 8) Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. _h. A comparison of the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the existing zoning, which will include: _(1) A comparison of the potential square footage of number and type of dwelling units under the existing zoning with that which would be allowed under the proposed zoning or development. '" I '. .~.'. " , " _(2) A statement of the uses that would be"allowed in the proposed zoning or development, and any particular uses that would be excluded. _(3) _(4) _(5) Proposed timing and phasing of the development. For proposed zoning of property to commercial or industrial districts, where the area of the subject parcel exceeds one (1) acre, projections for the number of employees. A comparison of traffic which would be generated under the proposed zonirig or development, with the traffic that would be generated under the current zoning; also, an analysis of traffic movements at the intersections of driveways that would 'serve the property and surrounding roadways, and improvements that would' be necessary to accommodate such traffic movements. For projects that generate more 'than fNe hundred (500) net trips per day, a traffic impact analysis must be submitted which complies with the Municipal Implementation Ordinance of the Palm Beach County' Traffic Performance Standards Ordin~nce. " II (a) For projects that generate two thousand (2,000) or more net trips per day,th'e traffic impact analysis must be submitted to the City at least 30 ,days prior to the deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by the City's traffic consultant and Palm Beach County. The applicant shall be billed for the cost of review by the City's traffic consultant. (b) For projects that generate between five hundred (500) and two thousand (2,000) net trips per day, the traffic impact analysis must be submitted at the application deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by Palm Beach County. However, if it is the desire of the applicant to utilize the City's traffic consultant for review of the traffic impact analysis prior to review by Palm Beach County, then the procedure and requirements outlined under item "a" above shall be followed. NOTE: Failure to submit traffic impact analysis in the manner prescribed above may delay approval of the application., _(6) For parcels larger than one (1) acre, a comparison of the water demand for development under the proposed zoning or development with water demand under the existing zoning. Water demand shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such demand, unless a registered engineer justifies different standards. Commitment to the provision of improvements to the water system shall also be included, where existing facilities would be inadequate to serve development under the proposed zoning. _(7) For parcels larger than one (1) acre, a comparison of sewage flows that would be generated under the proposed zoning or development with that which would be generated under the existing zoning. Sewage flows shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such flows, unless a registered engineer justifies different standards. Commitment to the provision of improvements to the sewage collection system shall also be included, where the existing facilities would be inadequate to serve development under the proposed zoning. _(8) For proposed residential developments larger than one (1) acre, a comparison of the projected population under the proposed zoning or development with the projected ,'. .,. . ,I population under the existing zoning. . Population projections according to age grou.ps for the proposed development shall be req\.lited where more than fifty (50) dwellings, or . 50 sleeping rooms in the case of group housing, would ,be allowed under the proposed zoning. _(9) At the request of the Planning Division, Planning and Development Board, or City Commission, the applicant shall also submit proposals for minimizing land use conflicts with surrounding properties. The applicant shall provide a summary of the nuisances. and hazards associated with development under the proposed zonjng, as well as proposals for mitigation of such nuisances and hazards. Such summary shall also include, where applicable, exclusion of particular uses, limitations on hours of operation, proposed location of loading areas, dumpsters, and mechanical equipment, location of driveways and service entrance, and specifications for site 'lighting. Nuisances and hazards shall be abated or mitigated so as to conform to the performance standards contained in the City's zoning regulations and the standards' contained in the City's noise control. ordinance. Also, statements conceming the height, orientation, and bulk of structures, setbacks from property lines, and measures for screening and buffering the proposed development shall be provided. At the request of the Planning and Development Board or City Commission, the applicant shall also state the type of construction and architectural styles that will be employed in the proposed development. . _(10) At the request of the Planning Division, Planning and Development Board, or City Commission, the applicant shall also S,tibmit the following information: _(a) Official soil conservation service classification by soil associations and all areas subject to inundation and high ground water levels. _(b) Existing and proposed grade elevations. . . _(c) Existing or proposed water bodies. _(d) Form of ownership and form of organization to maintain common spaces and recreation facilities. _(e) A written commitment to the provision of all necessary facilities for storm drainage, water supply, sewage collection and treatment, solid waste disposal, hazardous waste disposal, fire protection, easements or rights-of-way, roadways, recreation and park areas, school sites, and other public improvements or dedications as may be required. _(11) For rezonings to planned zoning districts, the specific requirements for submission of applications for rezoning to such districts shall also be satisfied. Furthermore, all materials required for a subdivision master plan shall also be submitted. _(12) Where conformance with the county's Environmentally Sensitive Lands Ordinance is required, an Application for Alteration of Environmentally Sensitive Lands (Environmental Impact Study) must be submitted to the Palm Beach County Department of Environmental Resources Management (copy to City) prior' to or concurrent with the submittal of the Land Use Amendment and/or Rezoning Application to the City. _13) All applications for a land use amendment and rezoning for any residential development submitted after June 27, 2002 must submit a School Concurrency Application and Service Provider Form. Applications are not deemed complete "I' .,' , . ' , . until the City receives notification from the Palm Beach County School District. , , III. APPLlCA liON FEES Fees shall be paid at the time that the application is submitted, according to the fees which have been adopted by ordinance or resolution. The Planning Division will inform the applicant. as to the fees which are required. All fees shall be paid by check, payable to the City of Boynton Beach. IV. Representative of the project must be present at alllechnical Review Committee, Planning and Development and City Commission meetings held to review this project. . . :.~ '. '. " , ., SPACE BELOW THIS LINE FOR.OFFICE USE ONLY , . , Review and Processing Schedule: '. I. ~Date Accepted by Planning Division Date Transmitted to City Clerk ---:,Date Notifications Mailed to Surrounding Property Owners . Dates of Advertisement in Newspaper (rezoning and/or land use amendment) - ' ---- i I --:.-.Dates of Adve,rtiseme~t in Newspaper (annexation) Date of Transmission of Departmental Review Forms to Department Heads - 0, _Date of Review by Technical Review Committee _Date of Pre-Hearing Conference . . _Date of Public Hearing Before Planning & Development Board _Date of Public Hearing Before City Commission Date of Transmission of Proposed Comprehensive Plan Amendment to Florida Department of - Community Affairs, pursuant to Florida Statutes, F.S. 163.3184 (1) (a) Date of Transmission of Proposed Comprehensive Plan Amendment to Other Governmental - Agencies Requesting Notification, Pursuant to Florida Statutes, F.S. 163.3184 (1) (b) Date of Receipt of Notice from Florida Department of Community Affairs Regarding - Comprehensive Plan Amendment, pursuant to Florida Statutes, F.S. 163.3184 (4) Date of Hearing Before Florida Division of Administrative Hearings, Pursuant to Florida Statutes, -F.S. 163.3184 (5) (b) Date of Hearing Before City Commission on Revised Comprehensive Plan Amendment, -Pursuant to Florida Statutes, F.S.163.3184 (6) (a) Date of Transmission of Revised Comprehensive Plan Element to Florida Department of - Community Affairs, Pursuant to Florida Statutes, F.S. 163.3184 (6) (a) _Date of Receipt of Notice from Florida Department of Community Affairs Regarding Revised Comprehensive Plan Amendment . , 'Iil .,. .' Date of Hearing Before Florida Division of Administrative Hearings, Pursuant to Florida Statutes,.' F.S. 163.3184 (7) . Date of First Reading of Ordinance to Annex . Date of First Reading of Ordinance to Rezone and Amend Future Land Use Map Date of Second Reading of Ordinance to Annex Date of Second Reading of Ordinance to Rezone and Amend Future Land Use Map Date of Expiration of Zoning _Date of Expiration of Time Extension for Zoning Ii ..'~ . . MAR-30-2004 ll':48AM FROM-SCHROEDER &. '!E,P.A. T-731 P.OOS/OOS F-1S4 .,' AGENT CONSENT,FORM STATE OF FLORIDA COUNTY OF Dll~Cl.. \ ) ) ss: ) " , , BEFORE ME, this day, pen;ona1ly appeared Bll..LR. WINCHESTER (t'Affianttt), who being duly sworn, deposes and says that:' ' 1. THE KLATT FAMIL YLIMITED P ARTNERSHIP#l, a Florida limited partnership' (ttPartnership"), is the owner of a portion of the r~property legally described in Attachment nAil, and KLATT ENTERPRISES. INC., a Florida corporation, is the owner of the remainde=r (ttEnterprisestt). . 2. Affiant is the President of KLATT. INC., a Florida corporation, which is the general partner of partnership, and he is also the President of Enterprises. 3. In his capacity set forth in Paragraph 2. above. Affiant, on behalf ofPartnersbip and Enterprises, designates the Authorized Agents designated below to act on behalf of Partnership and Enterprises for the purposes of seeking a change to the Future Land Use Map designation and/or Zoning classification of the real property legally descn"bed in Attachment ttA. n 4. Affiant has examined the foregoing Future Land Use Map amendment and/or Rezoning application and understands how the proposed change may affect the real property legally descn'bed in Attaclunent "A". FURTHER AFFIANT SAITH NOT. MP~~ . Bll..L R. WlNCHESTER ~ ' 9290 Nickels Boulevard Boynton Beach, Florida 33436 . Authorized Agent(s): Boynton Beach Place, LLC and/or Ruden McClosky J:\7\CUENTS\KJ.}.11'\salc 1 06aeres\AGENT CONSENT.wpd . MAR-30-200. .11 :49AM FROM-SCHROEDER & L.~r.1E ,P .A. " T-731 P.004/006 F-164 ./ H STATE OF FLORJDA COUNTY OF: DV\ \lQ. \ ) ) ss: ) : /, The foregoing instnnne~t was acknowledged before me this 3L day of _lVl ~ <::::-h . 2004, by BILL R. WINCHESTER, as President of KLATT; INC.,.a Florida corporation, general partner of THE KLATT FAMILY LIMITED PARTNERSHIP #1, and as President o(KLATI ENTERPRISES, INC. He is _ personally known to me or ~ has produced a current Florida driver's license as identification. .FL- b(,.. 3- 30~ :0...5 ~ t)j, ~. Nopuy Public, State of Florida . . '. , " .",. ~ llm EJkrIcIge {~. . MycOmminionDD18M21 '\1;./ ExplreI FebnJaly 11, 2007 My Notary Seal: My Commission Number: My Commission Expires: I I, " , " J:\7\CUENTS\KlA rI'\sBlc 1 06acrts\AGENT CONSENT. wpd Agent Authorization BOYNTON BEACH PLACE, LLC certifies that it is authorized to act as Applicant and Owner's Authorized Agent (see attached) and that it further authorizes RUDEN, McCLOSKY, SMITIi, SCHUSTER & RUSSELL, P.A to act as agent for comprehensive plan amendment, rezoning, site plan approval, platting and pennitting matters related to development of said property. By: Boynton Beach Place, LLC By: ~ ( Signature: Printed ~ame: J'OSeph A. F i I ippe.\l'1 Title: V\c:.e presiden+ Address: 1450 South Johnson Ferry Road Suite 100 Atlanta, GA 30319 Phone: (404) 847-1800 Subject property: 08-43-45-20-01-000-0680 and -0090 WPB:131026:36 ... '.. .; , " . , . . V. APPLICANT'S OWNERSHIP AFFIDAVIT " , ..;.' ., STATE OF FLORIDA 'COUNTY OF PA~M BEACH , . , BEFORE ME THIS DAY P.~RSONALL Y APPEARED j(,/\'\ C:::\(\~. (~lWHO BEIN'G DULY SWORN, DEPOSES AND SAYS THAT: ,.' . ,I' ' .', " 1. 2. , . : 3. 4. 5. 6. He/she is the owner, or the owners authorized agent, of ' the real property legally desciibedin Attachment A; He/she underst~nds the Future Land Use Map amendment and/or Rezoning application fee is" nonrefundable and in no way guarantees approval of the proposed amendment; , . The statements within the Future Land Use Map amendment and/or Rezoning application are true, complete and accurate; , He/she understands that all information within the Future Land Use Map amEmdment and/or Rezoning application is subject to verification li>y City staff; He/she understands t~at false statements may result in denial of the application; and' ," He/she understands that he/she may be required to provide additional information within a prescribed time period and that failure to provide the information within the prescr!bed time period may result in the denial of the application. , " FURTHER AFFIANT SAYETH NOT. I . \ The for oing instrume was acknowledged before m~ this }6 \- day of ~,;,.,l ,20 U\..l, by , " ~ \co c...s~C) (Name of Person Acknowledging) who is personally known to me or who has produced (type of identification) as identifi tion ~WhO did (did n~t) take a'Jath. . :' ~ ~ /' . /l . /k7~ . ~,,'~L~ (Si ature of Person Taking Acknowledgment) ~ Applicant's Signature K\~C; \!):~~ G.~-\c~. . (Name of Acknowledger Typed, Printed or Stamped) .-r::- ~ f'\~pre~Name (Print) : ?';).~~ l~b~'~e~~ ~~~() (Title or Rank) Street Address \,J .~ b ,f~ 33Lte:> 1 I City, State, Zip Code Telephone (~ t <g.-sg ~ \.fsLJ ~ (Serial Number, if any) (Notary' Seal) ..,. '!040. Janet M Hood ~ ~~ My ~minion 00262023 ~ or "I Expires December 1e, 2007 Agent Representing Applicant: Ruden McClosky "/\ . '. .1 NOTICE OF AFFIDJ\. VIT " .. STATE OF FLORIDA " COUNTY OF PALM BEACH BEFORE ME TIllS DA Y PERSONALL Y APPEARED Kim Glas-Castro. AICP (print, type or stamp name) WHO BEING DULY SWORN, DEPOSES AND SAYS: 1. The attached property owners list is, to the best of my knowledge, a complete and accurate list of all property owners, mailing addresses and property control numbers as recorded in the latest official tax rolls obtaipedfrom the Property Appraisers Office in the County Courthouse for all property within 400 feet of the property which is the subject of ~~~ . 2. The attached property owners' list' includes, to the best of my knowledge, all affected property owners, municipalities, coUnties, homeowner associations, and property owner ::~:ns~~m~~CiryOfBo~tonBe~. The foregoing instrument was acknowledged befqre m~ this 1 st day of April . 2004 , by _Kim Glas-Castro (name of person acknowledging), who is [ ~rsonallY known to me or who has produced [ ] (type of identification!"" one) as ide . ation and who . did not (circle one) take an oath. Signature of Person Taking Acktlowledgment An rfrtf}~/1611t c!k-nlino Name of ~owledger Title or Rank NOTARY'S SEAL Serial Number "'~';f;':;"",,, ANIi "REGEN" ROMANO t:"f'.tb. ~;\ MY COMMISSION. CC 980817 ~.~.~1 EXPIRES: November 8, 2004 ......l:Rf:-Xlll Bonded Thru Notary Public UrKtarwrite... RE: Boynton Place WPB:167775:1 ~ Ruden ~il McClosky 222LAKEVlEW AVENUE SUITE 800 WEST PALM BEACH, FLORIDA 33401-6112 (561) 838-4542 FAX: (561) 514-3442 KIM.GLAS CASTR Q(llR UDE N.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 Avenue 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::!: 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. LAU DERDALE . MIAMI. NAPLES · PORT ST. LUCIE . SARASOTA. ST. PETERSBU RG . 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 acijacent 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 RlAA 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 acijacent and nearby properties, or would affect the property values of acijacent 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 RlAA 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. LUCIE -SARASOTA-ST. PETERSBURG -TAllAHASSEE -TAMPA -WEST PALM BEACH 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.l 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 DR! 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 DRI 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 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. LAUDERDALE - MIAMI- NAPLES - PORT ST. LUCIE - SARASOTA-ST. 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'0 ~ .~ ~ g ... 3 ;::l"'02Q ~.so Q)....E-o- <+=< gfo 1U~><~ :.::: d rA 0. tu ~ -"'a""'O~o.. ~goal::l::.El "0 .- '-.- (d 0 ...., ... Q.. Q.. ~ ~ ';j ~ g,S~>-!a~S ",~",:-;::o..~> I:: "''''O:S.....Q)ui' 5lO:S<O~e,:)~ ~]]~b5;::l r-SS1UO:S"'O~ N~Q)>Ir).E~ N......O<NCZl.s t")~-n\Or---OCl'-' 00 C! II '0 o ..c:: (.) '" J: U < u.J a:> ~ 2E f- Vl u.J 3:; . < c.. ~ f- . u.J .( ~ 0..: :e < -' -' < f- . .oJ ....J UJ <Jl <Jl :J ~ eo:: :::> o(l fQ eo:: u.J UJ t::i I- c.. <Jl ~ :J Vl I .< U f- <Jl 0 I ~ t: Ji ~ ~ <Jl 0 >-' 3 ~ ~ <Jl Vl o t;;: ....J 0 U c.. u · ~ ~ c.. Z < UJ z o · :J ~ eo:: ~ . u.J ~ 0.: u.J o :::> :s ~ u... . Vl < U ~ < u c;t! C; It) LO ...... Iii 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 injill 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. PETERSBU RG . 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:175501:8 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS - FT. LAUDERDALE - MIM11- NAPLES - PORT ST. LUCIE - 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 dwellino units dwellino unit 588 374 GPOI dwelling unit(1) 219,912 GPO Commercial I o sq. ft. sq. ft. 0 0.125 GPOI sq. ft. o GPO II Total Water Flow = 219,912 GPD Sewer Uses Unit No. of Units Sewer Flow Allocation Flow Residential I 588 dwelling units dwelling unit 588 300 GPOI dwelling unit(1) 176,400 GPO Commercial I o sq. ft. sq. ft. 0 0.125 GPO/sq. ft. o GPO II Total Sewer Flow = 176,400 GPD 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 GPOI sq. ft. 31,250 GPO II Total Water Flow = 31,250 GPO Sewer Uses Unit I No. of Units I Sewer Flow Allocation . Flow Commercial I 250,000 sq. ft. sq. ft. I 250,0001 0.125 GPOI 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 I ________________~ I ___________ I I BOYNTON CANAL ------------ - -------- -----~ L___ . ~ ~--:.- , , 1 I I r I I I I I r I I I I I I I I I I I I I . r !~ Fin i = I .J:>.~ "ll Bi I J BOYNTON TOWN CENTER I ." f' JirllJQ "~ ~~ ~" , IJ!fll(tl A DBVELOPBR: i j111r::l i i i i BOYNTON BEACH PLACE, LL.C. t" I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I r I I ,--- \ \ \ I I \ I I \ I I \ t; ~ \ ~ ~ \ :J: I I \ I I I I I I I I I I I I I I , I I I I I , I , ' , i ~ , I I I ~---------=-=---------l ! i I : ! ~ , 1 " ~ i : I ~ I .... I\) 151 I r ,~ g Ul '9 S 13 i~ '13 : g I~ 0)> ~ I ,It l/I n 'It rp I ,...', I .... I I, I i I : I I M.~~~~~~..L::~"~, __-L__ _~ - - ~.c-: --Y.!-~ BOY_N_, ON ~~AD _ _ _ _ _ _ _ _ _ _ __ , , , \ \ '- '- "1z \ \ ~ '- '\ ~ \ ~'- , (\"" \ \ ,- I" i !: @ ,--------------------------\ \--- : \ 'I I : \ : \ ~ I \ ~ \ : \ ~ I \ ~ \ " \ \ , \ \, ~ '\ \ ,,~ '- '\ ~ \ ~, '- ~ \ \ '- , 1 ~ I , I i ~ ! ~ I ~ I Z I (j) I ~ I ~ o m . -.....--.....,.-....-. ------------~ --------------- L___ -..,. ~~": , , L__ - - - - - -___ _ _ _ __ __ L_ ___ ___ __ ____ _--1 _________ _ OLD BOYNTON ROAD - -------------------------- l~@ ~i~11 l~~ I iI r r Ii I ! ,.J BOYNTON TOWN CENTER I ~ If' IJ~ DEVllLOPER.: '11 f It:l ~ i~~~ i "~ 1)11 J :j l! " . BOYNTON BEACH PLACE, L.L.C. ..........BIIACH PI.OIUDA BOYNTON CANAL o o z G) :;0 m en en ~ I~ ,m I I I , I , , I I , ~- - --- --- --- -- - - -. ---l 05 00 s::> 3:r m:;o :;Om Q-i >> r - r uJ I ~i ~~ I~ n ~~ !l~ !l ~ ~ ~ I i~.~. i i i ~~i i~~i i o .--......-- ~~ f,'li3 en :!'; \ enm ----1 ---------------~-- -- ------- BOYNTON CANAL .----- I I I I I I I I I --------------, en 3: c: en "0 Z m ~ m" 10 I 0 'z I~ m 'en 'en I '~ 1m I~ ,m , I,. ,.... I I en 3: c: en 3: c: en 3: c: I I I I I .....----- I I I I en 3: c: en 3: c: --------------l o . w .. llJ o -< Z -t o Z o b en I :.. ~ ~ en '0"0 I m z I ~ ~ I !B ~ l___ -----~rr______J_ ___ ___J t OLD BOYNTON ROAD _t DE L___ r--- \ \ \ ~ \\ I m \ ~ ~ ~ \ \ :J: \ ~ \ \ \ \, '. \ \ \. ~ '- \\ ~ \ ~' '. 0"" '\ \ \ ') , , en 3: c: -- - -- -- - - - -- - --- - -- - - - - - - - - - - -- - - - --- -----___.J BOYNTON TOWN CENTER I j. ! AND BOYNTON VILLAGE ........... ....,.. ....,..",. ~I { "I , , 1 ~ c: )> r N Z G) o )> z )> r ~ c m J,. If: @ · f llrlt JLI 'lifl'lt:l ~ Il!,;::! .. ~ ~ Ruden ~~I McClosky 222 LAKEVIEW AVENUE SUITE 800 WEST PALM BEACH, FLORIDA 33401-6112 ~~ ~~ ~n ~ ~ (561) 838-4542 FAX: (561) 514-3442 KIM.GLASCASTRO@RUDEN.COM 4/26/2004 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 mixed use development on 106-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 be designed into the project to create a permanent and viable draw of returning patrons to Boynton Town Center. Without a major anchor, the mixed-use project could very well follow the path of Mizner Park or City Place with lack of sufficient patrons and retail sales to provide retailers with enough revenues to keep their doors open; the result being high turnover of tenants and vacant storefronts. Locating a major retail anchor will result in higher visibility and passerby capture for the smaller retailers, as customers return to the property to shop at the major anchor. 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. While this tract will have separate land use and zoning approvals, the intent is for this commercial use to be integrated into the mixed-use project and serve as a patron attractor. The proposed commercial uses will be designed with complimentary architectural style and features, consistent with the SMU design guidelines for the adjacent tract. WPB: 175501:6 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. LAUDERDALE · MIAMI. NAPLES. PORT ST. LUCIE . SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH .., Page 2 Rezoning REZONING TO 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 designation of Local Retail Commercial (being concurrently processed). Rezoning to C- 3 will enable a viable mixed-use community to be planned and built on the Property. The major anchor on the subject tract will support the adjacent mixed-use area, and ensure its economic viability. 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 anchor component that supports a mixed-use project. 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 RlAA zoning allows single family residential up to 5.4 units per acre. Rezoning to commercial will allow flexibility in uses and building design (Le., 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 provide a draw to the adjacent mainstreet uses and mixed-use buildings. 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 WPB:175501:5 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS - FT. LAUDERDALE - MIAMI- NAPLES - PORT ST. LUCIE - SARASOTA-ST. PETERSBURG-TALLAHASSEE - TAMPA-WEST PALM BEACH .,.' Page 3 roadway network. (Because the property is under common ownership, the Local Retail Commercial/C-3 and Suburban Mixed Use/SMU tracts are aggregated by countywide Traffic Performance Standards as a single project. It is the intent of the Applicant for the uses on the two tracts to function, look and feel like a single development, despite the two land uses and zoning designations.) 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 is separated from adjacent properties by roadways or canals; however, the buildings, uses and architectural elements that will be utilized along the site's perimeters will be harmonious with and complement existing buildings and uses on neighboring properties. Landscape buffers will enhance overall aesthetics of the project and promote compatibility between the subject property and other properties. f Whether the property is physically and economically developable under the existing zoning. Currently zoned as RIM, the property sits underutilized. Rezoning to 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 size of the Winchester property lends itself to a large master-planned project. Rezoning to both SMU and C-3 will allow a mixture of uses on the property. The area proposed for C-3 zoning will be designed to function as though it is part of the SMU, despite its individual land use and zoning. Rather than amend the newly adopted SMU zoning district to allow major anchor stores, or to propose a mixed-use development project whose retailers may experience economic shortfalls, as had happened at other mixed use projects in the County, the concept to split the mixed-use project into two separate zoning approvals allows a major retail anchor to be designed into the project to create a permanent and viable draw of returning patrons to Boynton Town Center. Locating a major retail anchor will result in higher visibility and passerby capture for the smaller retailers, as customers return to the property to shop at the major anchor. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. While mixed-use projects are encouraged in the City's downtown, no site provides the same opportunities (size, location and availability) for planning a mixed-use development project. The proposed rezoning to SMU and C-3 allows the considerations needed to assimilate different uses in a harmonious manner, and take advantage of efficiencies that are afforded by close WPB:175501:5 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. PORT ST. LUCIE · SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH Page 4 proximity. The C-3 zoning for the major anchor is needed due to footprint limitations within the provisions of the SMU zoning district. Rather than amend the provisions of the SMU district, it has been suggested by staff that the C-3 zoning district be pursued for the major anchor tract (referred to as Boynton Town Center I for distinction). The separate zoning districts requested for Boynton Town Center will allow the integrity of the SMU provisions to be maintained, yet allow a major retailer to be associated with the project to ensure its viability. 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. 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 may be developed in multiple phases, prior to the buildout date of 2008 assumed in the traffic analysis. Each phase, pod or parcel will be subject to subsequent technical site plan approval. 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. 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 DR! 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:175501:5 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS - FT. LAUDERDALE - MIAMI- NAPLES - PORT ST. LUCIE - SARASOTA- ST. PETERSBURG - TALLAHASSEE -TAMPA -WEST PALM BEACH "t" Page 5 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 belo\V,. These estimates are based on the 2000 Census figure of 2.27 persons per unit as a citywide, average household size. I Existing Land Use: Proposed Uses: 181 du's 411 persons no residential within this component 2 Employment Assumption: 1 employee per 500 s.f. retail WPB:175501:5 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. LAUDERDALE · MIAMI. NAPLES. PORT ST. LUCIE . SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH \0 Q) OJ) ro p... .... ~ C'l~f'.e:: \01I~..g -a 00 II ~ II .a O"l:l E"l:l...r:: rJl ...r:: ~ Q)~ OJ)O ~zm::Effi:! e:: o rJl ',g e e':c g g 3 ~ ~z-q: \C e:: (,) 0 li3',g f.':! ~ E-o 5 d Q) 1n ro.,., ~ e:: o ..... ~ I-< "l:l Q) ;.::: 5 rJ5d I-< ~ ~~ I::; a ~ E ~o t+-< o rJl ~ 0.. 1:: 0.. f'. \0 C'l~ .... ~ ~ \0 0'1 00 C'l~ "l:l"l:l ~o.. ~OJ) 0'10 \00 ~~ f'. ~ \O~ tr) <"Ie:: _ 0 ro..... ._ ~ rJl ~_ e:: .s~....~ 00.... ~ p... p... ~ 0.. 5 tZ) ~ < p... ::E o U E-o U < p... ::E - ~ tZ) ~ Cl ~ ~ ~ Q) E 0- o ota ~ .~ Cl.s ~~ E .~ ::E ;:i "l:l .... 00 .... 2 Cl o ::E '-" Q) rJl ~ "l:l a ~ OJ) s::: ..... - rJl .~ ~ - ~ o f'. f'. 00 ~ ~ rJl .D - o o o ...;- .... "l:l"l:l 51>~ 00 tr) tr) C"i C'l~ ........ ~~ - ro .~ ~ o (,) C+-4 rJi o o o o tr) C'l rJl Q,) rJl Q~ .~ "C 8 ~ Q) 8 e ::J EE' "l:l 0 ~ j]g "l:l.D~ Q);:i~ rJltZ)~ o 1 ta o..:x: (,) 8::E 0 p... '-" ~ "I \0 '=! II '0 o ..s= u '" ..s= bll :E :c ~ UJ = ~ ~ l- V> ~ . ~ ~ < l- . UJ < ~ a.: ~ ...J' ~ ...J ...J LU < V) l- V) · ::>~ 0.:: ::l ~ ~ 0.:: UJ LU t:u I- c.. V)t-= ::> ~ J: ~ Uo V) V> J: ~ I- ~ ~ ~ V) 0 ::l ~' ~ V) V> 0:;;: 02 u · ~ ~ c.. Z < LU Z o · ::> ~ 0.:: ~ . UJ ...J < o eo:: UJ o ::l < ...J t-= u... . ~ u ~ < u >- .c I '" gj P.. ~ ~ oci N -5 .~ '- '" "<t '=! II '0 o ..s= u '" lU ::0 "0 's 8 o :.;; P.. ".6 - ro .~ ~ o (,) C+-4 rJi o o o vi' ~ ~ ,Co ~~ ~oo :9~ \OM on,,; ~ 'E "t) G,) .. E E g EU o U ~ d lU 8 lU Q) '" ::s '" = lU U o o o N ... lU P. = o "i '3 p. o p. bJ) (/) 'i:' = ~ .90 lU "C;; ""r;j s.. ..d..... ::s tIl.... ,g :f! B ;>. oo~ ~.g"'==8"5! ~... ~ = ... lU G.i~~8 ~ a.i.!! ; ~ :E >< >c:OP.::SlU II o~'Eo~'j5.. 'a~'r;;~g ...3 ::s"OG.lO ~..so bll,St::I:E-o:: ",<+=<~ 50 lU,S~ :-=.. p.~.!! -"'~.."O~p. ~=0"'==::S "0 .8 '';:: .S-!:! 0 "0 ~ c.. p. ~ ~ .~ ..i p.E~>-.a...== ",1il",==p.~> ="''''C':!......lUuf oC':!<Oo~~ ~-g"OlU~.....::S ~C':!Ea&t> E10 r- ElUC':!"O N~lU>""'.a ~ ~I-< P ~;i oorn g co '=! II '0 o ..s= u '" ,......, ~ Cl rJl e .~ e '-" rJl Q) rJl ~ ~ E .~ ::E '!'! o lI'\ lI'\ "- ci:i c.. ~ Page 7 CONSISTENCY WITH COMPREHENSIVE PLAN The proposed land use change from MoDR to SMU and LRC is consistent with the City of Boynton Beach Comprehensive Plan. Specifically, the hmd use amendment is consistent with and furthers the following City objectives: Urban Sprawl: Objective 1.13, Policy 1.13.4 The proposed land use discourages urban sprawl by creating a compact urban area. The mixed-use development project will prevent strip- commercial development on the subject property, which is prevalent along the Congress Avenue corridor. A mix of uses will maximize utilization of public services and provide for efficient service delivery. Mixed-Use Projects: Objective 1.15, Policy 1.15.1, Policy 1.15.2 The proposed development project will implement this stated desire for mixed-use projects. A mix of commercial and residential land uses will be provided, by a unified plan of development that provides interconnectivity, shared infrastructure and facilities, compatible architecture, and consistent landscape themes. Residential neighborhoods, commercial centers and mixed-use areas will be planned utilizing innovative design techniques that promotes internal harmony and unity, as well as compatibility with surrounding uses. Regulation of Land Development Orders: Objective 1.16, Policy 1.16.1 The proposed zoning districts, Suburban Mixed Use (SMU) and Community Commercial (C-3), are consistent with the requested land uses - Mixed Use-Suburban and Local Retail Commercial. The proposed Boynton Town Center development project is consistent with the use, density and intensity provisions of the land use and zoning designations. Range of Land Uses: Objective 1.19 The requested land uses fulfill this policy provision by providing new housing choices, adding needed commercial uses to serve the growing West Boynton community, providing open space, recreation and greenway connections, and adding value to the City's tax base. WPB:175501:5 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH .,. Page 8 NEED FOR LAND USE(S) Palm Beach County is known as the West Palm Beach/Boca Raton Metropolitan Statistical Area (MSA). Growth in this region originated in the south and moved northward. Palm Beach County's growth rate has increased steadily during the past fifteen (15) years. In 1980, the County has a population of approximately 587,000. By 1990, the County had reached a population of approximately 870,000, which represented an increase of nearly 48%. The County's growth rate between 1990 and 200 is less than it was between 1980 and 1990 due to recessionary economic conditions in the early 90's. However, population growth has increased significantly since 1990, and the University of Florida's Bureau of Economic and Business Research (BEBR) project an increased rate of growth through 2010. Population is projected to increase from 1,008,300 in 2000 to 1,300,600 in 2010. Employment growth (the number of persons employed) reflects the recessionary conditions which prevailed in the 1990's. Between 1995 and 1999, the number of persons employed grew by 58,8709, 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 residences and commercial businesses to meet the growing needs of the City's population. The subject property's location presents an ideal site for a mixed use project that will provide convenient, easily accessible services, retail operations and employment opportunities. The residential component of the proposed mixed-use project will provide residences in close proximity to these businesses, and will eliminate the need to traverse the local roadway network to access to shop, dine, and conduct business. 9 Florida Department of Labor and Employment Security 102000 Census 11 2002 Demographic Profile of the Treasure Coast Region, TCRPC WPB: 175501:5 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH Time and Date ofMeci1'i1g T ose attendin1:meeti~:. tt'/~CJ _ ..;{ lu 2. PRE-APPLICATION CONTACT QUESTIONS Applicant's Name: ~ 7''7/~" Phone,/Jj-VSyL, 1. HAVE YOU SPOKEN TO ANY STAFF MEMBER ABOUT THE PROJECT? Yes No (IF YES, HAVE THOSE STAFF MEMBERS BEEN SCHEDULED FOR THE PRE- APPLICATION MEETING? STAFF MEMBERS NAME: ,lh:c;t 7 ~":7L--' LOCATION OF PROPER~Y, (CROSS STREETS/INTERSECTIONS) P. I!{{).,[,-:J ~ / ~4 ~</ 3. WHAT WOULD YOU LIKE TO DO? NEW PROJECT BUILDING EXPANSION OR MODIFICATION CHANGE IN PRIOR USE? IS THE STRUCTURE CURRENTLY VACANT? VARIANCE TYPE: POOL OR SCREEN ENCLOSURE COMMERCIAL PROPERTY? RESIDENTIAL PROPERTY? ll{DUSTRlALPROPERTY? DO YOU KNOW THE ZONING CODE DESIGNATION? . ( ,4nt-~ TIME AND DATE PREFERRED 1!:ft:'4'-h ~~ f + le( .3) HOW MANY PEOPLE WILL BE AT THE PRE-APP MEETING? ;t 4. 5. Note: Tell the person that someone from the Department will call them to confirm the meeting. .................................................................................. · Pre-application meetings should be scheduled for a minimum of one (1) hour time module, and should be scheduled no less than two (2) days prior to date/time of meeting. If urgency is sensed, discuss with Mike. . Meetinl!s may be scheduled: Monday afternoons Tuesday all day Wednesday all day Thursday mornings Note: Mike is not available on Mondays between 11 :30 a.m. and 2:30 p.rn. S: \Planning\Planning\Pre-applicationcontactquestions.doc /()~'';;44 ~~- G;/a44h PRE-APPLICATION CONFERENCE REVIEW FORM Date .3 - 10 - 0 4- lime Started: / : :30 lime Finished: Attending as Applicant ~ ~A/2..IJ.l'l> ~iU/~ !tt{S/~ 14M- ~c..&.C4.smo ~ ) , } ~~ Phone Fax Proposed Project Information Proposed Project Name and /A)/~~..$TE7e.. ~rJ Type/Use Site Location (Address if Available) Site PCN Existing Zoning Existing Land Use/Density Anticipated Submittal Date Proposed Zoning Proposed Land Use/Density / Vacant Notes and Comments Lot Area Lot Frontage Lot Depth Setback Height Parking Requirements or Improvements Landscaping/Buffering Non-conforming Use or Change in Use Other Zoning Changes Required Environmental Review Requirements Notes/Comments/Recommendations ~/P(P {J hlttl-~" .[)€Jft>U~ ~ 1TfA-L F6L ~ ~ ~~ (MCL ~~.1) ~Ptl!l> /hS~ IF SMLL 1>>!.nuer ~ ~r6~. -r~e- S-rv4/~ 1l:e/~(Q~. Re~t~! ~~ Pa'lntnU n; ~ u../IAJ ~ ~ Jv~€, (~.J.kw ~ ~ ~ Ofro-vt C{ Pr-~ ~ lu ey~ M (,111 3 wtc071-C? f 74<.u- ~/ ~CIL i> !4:.-VI,u ~ ~/AJ{; oFF fM) &NIIII<, I~ P.wfEJ't} ()NT7l., SIrE Pt.meIlV//\.X;. -r~ ~ ~ I ( 0~7~ UbIf'S ) WA,1" ~u- 71Ie1J. P~A.ft/; /6.~ ~/4.c- , ~f WilL ~ ~ M1 R~~ I r! ( " , 2719ttmo ~. ~ I /~fJa) , ornCL. ~!I A<< Il€~/.k;, 7tI€ j,()~ - . I NGt;{" ~ /Z€lIJ, ~J WIQ~~ 4-o1Ul> IZ-GUII~ ~ ~ ~ /J;D~ ~ NOTICE: The purpose of this conference shall be for the staff and applicant to discuss overall community goals, objectives, policies and codes as related to the proposed development and to discuss site plan review procedures. Opinions expressed at the pre-application conference are not binding for formal review purposes. Additional staff comments may be forthcoming based on actual plans submitted for review. I ~4oy ~cD. bC#- IA/t)(~ ~ Il.ByUfllE~ ~ ~I/IJe:, PEr771~;.J .,.., 6€ ALEP WrrU 7lJ-(.;; t/L ~ 0/1J 15tN. tlJ.. /11A-<( 12E19. WII>eXrIAJr9..Jo.-O-W k1>teA:n~ ~"'- " , ,"",' " PRE-APPLICATION MEETING SIGN IN SHEET PLEASE PRINT MEETING DATE: . TIM:E: ATTENDING FOR APPLICANT: NOTICE: The purpose of this conf~rence shall be for the staff and applicant to discuss overall community goals, objectives, policies and codes ass related to the proposed development and to discuss site plan review procedures. Opinions express at the pre-application conference are not . binding for formal review purposes. Additional staff comments may be forth coming based on actual b . d ~ . olans su nutte or reVIew. City of Boynton Beach Attending for Applicant Attendine Staff I I I , I I I I I ~ J:\SHRDA T A\PLA."INL'iG\SHARE D\ WP\FOR.\IS\PRE-APPL t\.IEETt'iG-SIGN I:N SHEET.DOC