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REVIEW COMMENTS DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 05-029 FROM: Chair and Members Planning and Development Board -y~ Michael Rump(lU Planning and Zoning Director Ed Breese ~ Principal Planner TO: THROUGH: DATE: February 7, 2005 SUBJECT: Boynton Beach Mall - DRIA 05-002/MPMD 05-007 NOPC #5 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 (NO PC) 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 corner 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 D1>-002/MPMD 05-007 Memorandum No. PZ 05-029 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. ANAL YSIS Notice of Proposed 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 2 Boynton Beach Mall - DRIA 05-002/MPMD 05-007 Memorandum No. PZ 05-029 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 AM. 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. 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 Reqional 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 AM. 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. 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 DR!. 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. 3 Boynton Beach Mall - DRIA Ob-002/MPMD 05-007 Memorandum No. PZ 05-029 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 AM. 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 Ob-002/MPMD 05-007 Memorandum No. PZ 05-029 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". S;IPLANNINGISHAREDlWPIPROJECTSIBB Mall 2005 AMEND #5+ MPMDlDRIA 05-0021STAFF REPORT #5.DOC 5 Bo-fNTON BEACH MAL"l:. LOCATION MAP Exhibit A "-- LVl S n ~~ ;JU c, ::-, ~.~~ :) GJjTO II III: ~ Ul ~ ~r& \~ ~a ITlm ~ n fiR: I c= L I -r I I I I I I I I I 1 I I I I I I I "I I II I I I I I I I I I r ill III I [I 111 IUllII 1 I I I I Il--t: 1 "1 I III I III TI I I II H I I f11 R R, I I -I I I BOYNTON C-16 cL.NAL ~ ~ I II -, I I Ivli...nl!!l T I I -m III II OJ TifrhlLY I l_=::: ---=fErn-l n- TT ~ DMluJpIf.,JJJ_J []]~: :EBI rTI I 1 1 I T11 I I II il II I I 1 II I I III -W -~ r- , ~ ~ J- 1.. L--- L c:~ ~I L I I ,., ---' ~ ~~ ~ ~~ ~ g J ';l ~ (~a~ II,; ~~ :z: u _Z ----1 i I I ~ ~ ~ ggwiilOOJJ~ : IIDID ill lIIIID 8 "" ",{~~ r ~ ~illIllJ fB[]l]]] ~ \ ' '" "---- ~ - ~ aum~Wc ~ '-/ II ~[]l]]]ffi~ffi u rL ~ I I I l L-Lj------l BDYNTON BEAC" -. U_ 1 r III11 ~IIIIIIII I \ I ~ I [ oJ 11 \ 11 '\ -n~ r-~d e--- -j ~ ~tc ,- Tr 1\ 1 I ] P :z: ... :) Z b=c.-ll: ~ II N A 1,100 550 o 1 ,100 Feet [)\BOYNTONBEACH llP29\D'w'ti\SITE-200-C-3.D\lG 01129/05 1(1132 EXHIBIT B ,.,r () ON ():;o ~~~~~ ~ ~ ~ lJ)O::E--ClJ)~ 0'" ~ ~ g!<~~8 I d m z "''' I d ~ ~ ~ ~ !i~~~~~ ;Jt.~ c 0 \i! 2~ 0 ~ ~OO~lJ)te I ~ ~~ ~ ~ w~ ~~~~~ . ~~~r= 0 0 ~ ~ ~ ~ ~ ~~;li~!ii ~ 0 ,,0 i ~ ~!6Q~GjO UlF. ~ " ~" vi;tl ZVl~ ~ ~ ~ /;'" --c!2~--c w ~ 0 "'- " ~~ nC' teO ~100~ " I!:::;! :;oi w ~ ~ x > ~ ~ ~ " ~~~~[ri ~ ,~ ~ w wO ~~~~~~ ~~8~ ~ ~~~~g~ ~b ; '2i ~ " Vi~ " ~ i!5 ~~ ~ ~ .." " a .fan~dQ w ~'" 0 "'~ ~ 8w" w w ~~ ~ 0 0 ~w ?gpZ~ "-Pij! " " " ~Q~~~ ~ w ~ ~ w 0" a a '" 0'" '" 30 Z W " ,,/; ~~;~~ r;l~~~ ~ ~~z~~ 0'" 0 " " " " Jl ;li @ a '" ~Gj Vi . 0 :;: 0", ~ ~ 0 $,l '" wO en ~ in w a 0 ~~?'~~ :~~ ~ ~ 0 ~:gtJ8 o' ~ ~ ;.. :~ ~.fa:;O"" 0 ~C! 0 a .., ili c Vl);!OO ~ ol"ll!:'z;:o;;: ~!'l~l.n ~ ~Q~~p ~ " 0 ~ ~- ~~~~~ ." c ~ > 0 > '" ~ ~8 ;n " =< '" ~ '" ~r;~Vi !'l~~~~ !:1 ~ 0 ,,0 g ~ ~ 301 ~~~~ ~ z 0 d -'" " '" z o~ Nnr;n 00 . :I:I"lC .. ~ ~~ ~()~~ ill~ II ~I .. - ~~ - N "'I-----N ~ ~~ga ~ '" '" '" .. :: "'I-~ o OIP\)Ol.lOlN '" 0 ",0 ~ ~ ~"' ~ !'l ~!'l.o!":- 0 w 8 _z 5=<!~z '" '" * E b t.no, ~ ;c: ~~g~~g ~ ~ oc 0 '" N ~o ~ Ol.lONNO W 0" ~~~g '" "'0 ~ . p~ 1):!!-iO ~ '" '" ~ (")C1}=O .. .. rn~Q~ !: ~ N '" ~ '" 0 i;Eo~1"l "- 0 ~ ~~ 0 ~ 0 J I l i [ ~~J~ ::I: 8~ ~ OJ ~ ! =i ~ () ~ BOYNTON BEACH MALL 801 NORTH CONGRESS AVENUE BOYNTON BEACH, FL 33426 SIMON B I I ~ ~ ~ URS MASTER PLAN National City Center 11SW. washington Street Indianapolis, IN 46204 317.636.1600 & URS CorporatIon Southern 7650 West Coor1ne)' Campbell Causeway Tampa, Florida 33807 (813) 286-1711 Engineering Business No. 00000OO2 J J/J/l'Alol..,....-nlCl-J1 1 I" ~ ~" UllS .lOll 0<<1. 12004S.36.00000 RESPONSE TO COMMENTS ON BOYNTON BEACH MALL NOPC TRAFFIC STUDY FROM PALM BEACH COUNTY TRAFFIC ENGINEERING DIVISION 1. The application is contradictory as to how much existing retail building area is being replaced by the 79,500 sf Movie Theater. Under the response to question #5, it is mentioned that "90,010 existing gross leasible square feet of retail is being converted. In the response to question #13a, it is mentioned that the proposed resolution calls for revision of "the plan of development". In the traffic study, however, the calculations show the loss of"169,510 sf of gross leasible area". We agree the presentation of the figures is confusing. The 90,010 referred to is the remainder when 79,500 is subtracted from 169,510. Their intention is to indicate that a 169,510 sf building is being replaced by a 79,510 sf building. The figures in the traffic study are accurate. As indicated in the trip generation data on the first page of the traffic study, the existing DRI approval is for 1,244,449 sf. Removing 169,510 sf and replacing it with a 79,500 sf theater yields a net reduction of 90,010 sf. in the overall project. The response to question 5. in the application could be clarified as follows: The proposed change provides for the removal of an existing 169,510 sf department store, which will be replaced by a 79,500 sf theater. The remaining 90,010 sf removed will not be replaced. Therefore the overall DRI is reduced from 1,244,449 sf to 1,154,439 sf consisting of 1,074,939 sf GLA of retail and a 79,500 sf theater. 2. It is not clear how the 14% pass-by traffic percentage was derived that was applied to the retail traffic calculation. Use of the County-approved formula from ITE yielded 17.1% pass-by for the current 1,244,449 sf Mall and 20.9% for the 1,074,939 sf remaining retail building area [assuming the traffic study building area numbers are correct] . The 14% pass-by traffic percentage was used in order to remain consistent with the previous approved study done for the Boynton Mall. Please note that using 14% provides a more conservative (i.e. slightly higher) project traffic volumes for the study area roadways. 3. No change in parking space number is indicated in the Substantial Deviation Determination Chart. However, the ITE Parking Generation book shows a much higher parking demand associated with the 3650-seat movie theater than with either 90,010 sf or 169,510 sf of Retail. Although substantial deviation parking thresholds may not be triggered, this additional parking demand should be taken into consideration in redesign of the Mall. C:\Documents and Settings\breesee\Local Settings\Temporary Internet Files\OLK3\boynton beach- response to palm beach county traffic comments.doc The additional parking demand has been considered and reviewed by the City of Boynton Beach. The total number of parking spaces provided are consistent with City Code. The changes in parking space count are well below the substantial deviation criteria of 300 spaces or 5% whichever is greater. The existing plan provides 5,407 spaces. The proposed plan will increase the total by 71 spaces to 5478. 4. The traffic study was not signed or sealed by a Professional Engineer. Comment acknowledged. The traffic study will be signed and sealed, as requested. C:\Documents and Settings\breesee\Local Settings\Temporary Internet Files\OLK3\boynton beach- response to palm beach county traffic comments.doc PLANNING AND ZONING MEMORANDUM TO: Sherie Coale, Senior Office Assistant FROM: Ed Breese, Principal Planner DATE: January 12, 2005 SUBJECT: Boynton Beach Mall NOPC # 5 (DRIA 05-002/ MPMD 05-007) Please include the following comments in the TRC review of the above-mentioned proj ect: 1. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) S.c. the application for a 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) from Palm Beach County Traffic Engineering. 3. The NOPC form and The Substantial Deviation Determination Chart both indicate the number of seats ofthe Muvico Theater to be 3,650, while the Traffic Study indicates the number of seats to be 3,800. Please resolve and indicate which number is correct. 4. Our files indicate the last DR! Annual Report for the Boynton Beach Mall to be July of 2000. Please submit an updated Report. 5. The "Revised Master Plan" (Exhibit "C") should be updated to reflect earlier staff comments. You have sent us the necessary full-size versions of the Master Plan that satisfied our previous comments. A reduced version of this drawing should be utilized as Exhibit "C". Additionally, at time of the TRC meeting, please provide two (2) 8.5" x 11" and two (2) 11" x 17" drawings for the files, plus a disk or electronic version for power point presentation purposes.