AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl!: Dates in to City Clerk's Office Meetinl!: Dates in to City Clerk's Office
D December 7, 2004 November 15,2004 (Noon.) D February 1, 2005 January 17, 2005 (Noon)
D December 21, 2004 December 6, 2004 (Noon) D February 15, 2005 January 31,2005 (Noon)
D January 4, 2005 December 20, 2004 (Noon) D March I, 2005 February 14,2005 (Noon)
D January 18, 2005 January 3, 2005 (Noon) I2J March 15, 2005 February 28, 2005 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM I2J Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the March 15, 2005 City Commission Agenda under
Public Hearing, to be combined with the corresponding item DRIA 05-002. The Planning and Development Board
recommended that the subject request be approved. For further details pertaining to the request, see attached Department of
Development Memorandum No. PZ 05-029.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Mall NOPC #5 (MPMD 05-007)
Thomas A, Marsicano, AICP, URS Corporation Southern
JCP Associates, L TD
Boynton Beach Mall
Request for Master Plan Modification approval for the conversion of 169,510 square feet
of existing leasable retail space to a 79,500 square foot multi-screen movie theater with
3,650 seats and 17,528 square feet of new retail space.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Development ep ent Director City Manager's Signature
~ ~ ~Director City Attorney / Finance / Hwnan Resources
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05.dot
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DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 05-029
TO:
Chair and Members
Planning and Development Board
Michael Rump(lQe/'
Planning and Zoning Director
Ed Breese ~
Principal Planner
THROUGH:
FROM:
DATE:
February 7, 2005
Boynton Beach Mall - DRIA 05-002/MPMD 05-007
NOPC #5
SUBJECT:
NATURE OF REQUEST
Thomas Marsicano, Vice President of URS Corporation Southern, Inc., agent for Simon
Property Group, Inc., property owner, has submitted a notice of proposed change (NOPC) to the
previously approved development order for the Boynton Beach Mall. The development order,
approved in Palm Beach County by resolution R-74-343 on May 7, 1974, was last amended on
July 7, 1998 by resolution R98-123. The proposed amendment to the DRI provides for the
conversion of 169,510 existing leasable square feet of retail space to a 79,500 square foot
multi-screen movie theater with 3,650 seats. Essentially, the existing 169,510 square foot
Macy's department store would be demolished with 17,528 square foot of new retail space
being constructed at the former Macy's mall entrance, and a 79,500 square foot, 3,650 seat,
multi-screen movie theater constructed adjacent to the new retail space. The Boynton Beach
Mall is located approximately 900 feet west of the intersection of Congress Avenue and Old
Boynton Road (see Exhibit "A" - Location Map). The majority of the mall property is zoned C-3,
Community Commercial; however the northwest comer is zoned Recreation with an overlay
requiring preservation.
BACKGROUND
An amendment to a Development of Regional Impact (DRI) is first and foremost governed by
Florida Statutes Chapter 380.06 (19) - Substantial Deviations. The applicant has submitted a
Notice of Proposed Change (NO PC) in accordance with the statutory requirements. The NOPC
is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast
Regional Planning Council (TCRPC) and the City. The DCA and the TCRPC are reviewing the
proposed NOPC and will provide comments following the procedures outlined in Chapter 380.06
(19).
The City's Land Development Regulations Chapter 1.5, Sec. 4.3A requires a preliminary review
by the Planning and Development Board of an amendment to a DR!. Chapter 380.06 F.S.
requires that the local governing body hold a public hearing to "review and approve the NOPC.
Boynton Beach Mall- DRIA ,.- ..J02/MPMD 05-007
Memorandum No. PZ 05-02~
The City Commission is required to determine whether the proposed change to the Boynton
Beach Mall DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is
determined that the requested change is a substantial deviation then further review will be
required pursuant to the statutory requirements. If the City Commission determines that the
proposed change is not a substantial deviation then they may take action to approve or deny the
requested change.
The original DRI Development Order adopted a Master Plan for the Boynton Beach Mall. The
proposed Amendment #5 reduces the amount of leasable retail space through the removal of
Macy's department store and the addition of new retail space and Movie Theater. Therefore the
review of the DRI amendment also constitutes a review of the change to the Master Plan for the
Mall. In addition to the state statutes, staff has reviewed the Master Plan in accordance with
Land Development Regulations Chapter 3, Master Plan Approval. First review comments were
generated and the Technical Review Committee (TRC) reviewed the Master Plan change on
January 31, 2005.
ANALYSIS
Notice of Pro Dosed Chanae (NOPC) - Substantial Deviation
The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined
in Chapter 380.06 (19). In reviewing the statute section, staff determined that none of the criteria
apply to the proposed change for the Boynton Beach Mall.
As part of the NOPC application the applicant is to complete a "Substantial Deviation
Determination Chart". The applicant has provided an updated chart. Amendment #5
involves the addition of the 3,650 seat multi-screen movie theater under the heading of
"Attraction/Recreation", while reducing the gross leasable square footage under the
heading of "Wholesale, Retail, and Service". The traffic consultant for the applicant, URS
Corporation, Inc., concludes that the simultaneous increases and decreases in allowable
intensities associated with NOPC #5 results in reductions in the number of A.M. Peak
Hour trips by 59 and P.M. Peak Hour trips by 31. However, the proposed daily trips are
projected to increase from the vested 34,968 to 36,005 trips daily, an increase of 1,037
total trips. As of the release of this staff report, the City has not received a final response
from Palm Beach County Traffic Engineering regarding the proposal's compliance with
the Traffic Performance Standards.
Conclusion
The proposed changes delineated in Amendment #5 are determined not to be a substantial
deviation per Chapter 380.06 (19) of the Florida Statutes. The applicant has provided the
Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a
non-substantial deviation finding. This determination is subject to satisfying the condition of
approval regarding compliance with Palm Beach County Traffic Performance Standards.
Master Plan Modification
The proposal submitted for the NOPC modifies the approved Master Plan for the Boynton
Beach Mall DR!. There Is only one (1) change proposed in the amendment to the DRI Master
Plan. The request is for the conversion of 169,510 existing leasable square feet of retail space
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Boynton Beach Mall - DRIA r 002/MPMD 05-007
Memorandum No. PZ 05-02~
to a 79,500 square foot multi-screen movie theater with 3,650 seats and the addition of 17,528
square feet of new retail space, both In the vicinity of the former Macy's mall entrance.
As previously noted, the traffic consultant for the applicant, URS Corporation, Inc., concludes
that the simultaneous Increases and decreases In allowable Intensities associated with NOPC
#5 results in reductions In the number of A.M. Peak Hour trips by 59 and P.M. Peak Hour trips
by 31. However, the proposed dally trips are projected to Increase from the vested 34,968 to
36,005 trips dally, an increase of 1,037 total trips.
The Boynton Beach Mall DRI has been amended 4 times over the years, which is not unusual
for a DRI of this type. The Florida Statute governing the DRI process, Chapter 380.06(19),
provides for and anticipates amendments stating "There are a variety of reasons why a
developer may wish to propose changes to an approved development of regional impact,
including changed market conditions".
The proposed change to the Master Plan was analyzed from two perspectives. The first is the
potential for creating additional regional or local impacts. The second is the consistency and
compatibility of the proposed changes with the regulations and policies adopted by the City
through the Comprehensive Plan, Land Development Regulations and other applicable studies
such as the Visions 20/20 plan.
Impacts
Reaional
A development has gone through the DRI process because the projected impacts are
considered regional in nature. Any change to that development must be analyzed to determine if
the changes proposed create additional impacts above and beyond what was originally
identified and mitigated. In the case of the Boynton Beach Mall DRI the major issue is whether
there will be an increase in traffic resulting from the interchanging of retail space for a multi-
screen theater.
A cursory review of the traffic study was conducted by staff during the Technical Review
Committee (TRC) process. Additionally, the applicant has transmitted the traffic study to the
Palm Beach County Traffic Division for their customary review and approval.
Based on the TRC review of the Master Plan, including the traffic study, no additional regional
impacts are evident. The traffic consultant for the applicant, URS Corporation, Inc., concludes
that the simultaneous increases and decreases in allowable intensities associated with NOPC
#5 results in reductions In the number of A.M. Peak Hour trips by 59 and P.M. Peak Hour trips
by 31. However, the proposed daily trips are projected to Increase from the vested 34,968 to
36,005 trips dally, an increase of 1,037 total trips. With the information presented and available
at this time, the proposed reduction In the number of trips associated with the mall during the
times of highest traffic volume (morning and evening rush hours) results In a reduced impact
associated with this amendment to the DRI. The increase In the average daily trips associated
with the Mall (1,037 trips) produces less than a 3% increase over a 24-hour period. Additionally,
based upon the most recent daily traffic counts (2003) in the vicinity of the Mall on Old Boynton
Road (22,301) and Congress Avenue (45,068), the additional 1,037 trips represent increases of
0.5% and 0.2% respectively. As of the release of this staff report, the City has not received a
final response from Palm Beach County Traffic Engineering regarding the proposal's
compliance with the Traffic Performance Standards.
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Boynton Beach Mall - DRIA 002/MPMD 05-007
Memorandum No. PZ 05-02t
The Department of Community Affairs (DCA) and the Treasure Coast Regional Planning
Council (TCRPC) limit their reviews of the amendment to regional Issues. Staff has not yet
received a formal written response from DCA, however TCRPC has responded that the
proposed changes will not create additional regional Impacts, they would just like certain
contradictions regarding square footage cleaned up prior to City adoption of the development
order. Since Palm Beach County Traffic Engineering raised the same issue of
confusing/contradictory language regarding the resulting building square footages, the applicant
has developed substitute language for review by each entity.
Local
The focus of the substantial deviation determination Is regional impacts. The development order
for the DRI is a local order and the approval of any requested change is within the jurisdiction of
the City. As such, the City's main focus is local issues and impacts. There were no significant
local issues identified by the TRC members at this time. The Utilities Department has indicated
that any unforeseen impacts to the water and sewer systems and related levels of service will
be borne by the developer. The Traffic Impact Analysis submitted with the request for
amendment indicates that there will be a minimal increase in total daily trips (1,037), while at the
same time the proposed amendment results in reductions in the number of A.M. Peak Hour trips
by 59 and P.M. Peak Hour trips by 31. Any improvements in turning movements and
signalization, if deemed necessary, can be evaluated and addressed at the Technical Site Plan
stage. Drainage will also be reviewed in detail as part of the Technical Site Plan approvals, and
must satisfy all requirements of the City and local drainage permitting authorities.
Consistency and Compatibility with City Policies
The change proposed by the applicant does not present any issues that are contrary to City
policies.
Conclusion
As indicated herein, the impacts of the proposed DRI amendment on the utility systems,
roadways and public facilities are either within the existing capacities or additional provisions will
be required of the developer to ensure that levels of service standards are not compromised.
The proposed amendment is consistent with City policies and appears compatible with
surrounding land uses.
RECOMMENDATIONS
Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Deviations, the applicant has
demonstrated by clear and convincing evidence that the proposed change is not a substantial
deviation requiring additional development of regional impact review. Therefore, staff
recommends approval of DRIA 05-002 subject to the Conditions of Approval attached in Exhibit
"C".
Regarding the proposed modifications to the Boynton Beach Mall Master Plan, staff
recommends approval of request for Master Plan Modification to allow for the conversion of
169,510 existing leasable square feet of retail space to a 79.500 square foot multi-screen movie
theater with 3,650 seats, through the elimination of the existing 169,510 square foot Macy's
4
Boynton Beach Mall - DRIA r- 002/MPMD 05-007
Memorandum No. PZ 05-02&
department store, addition of 17,528 square feet of new retail space and addition of the multi-
screen movie theater, subject to the Conditions of Approval attached in Exhibit "C".
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BrYNTON BEACH MA: .,:.
LOCATION MAP
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EXHIBIT "C"
Conditions of Approval
Project name: Boynton Beach Mall
File number: MPMD 05-007
Reference: 2nd review plans identified as a Master Plan Modification with a January 24, 2005 Planning & Zoning
dt t ki
a e s amp mar ng.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
proposed change IS presumed to be a substantial deviation. This
presumption may be rebutted by clear and convincing evidence.
2. Provide notice of concurrency (Traffic Performance Standards Review) X
from Palm Beach County Traffic Engineering.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
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