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LEGAL APPROVAL . STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS JEB BUSH Governor "Dedicated to making Florida a better place to call home" June 3, 2005 THADDEUS L. COHEN, AlA Secretary Mr. Dick Hudson, Sr. Planner Planning and Zoning Division City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425-0310 Dear Mr. Hudson: Thank you for submitting a copy of the City's Small Scale Development Plan Amendment adopted by Ordinance No. 05-019 on May 3,2005, for our records. The reference number for the amendment is 05S3. The Department will not conduct a compliance review or issue a Notice of Intent regarding the adopted small scale development plan amendment in accordance with procedures contained in Section 163.3187(3)(a), Florida Statutes. If you have any questions, please contact me for the DR! and Plan Processing Section at (850)922-1767. Sincerely, ~.fL, ~ D. Ray Eubanks, Administrator Plan Review and Processing DRE\lw cc: Michael Busha, Ex. Director Treasure Coast Regional Planning Council roJ I ~ a; it ~ \~ ~1i I ( it mi.!. Illi' ill! i iL.j I I . OF_~~~~~~,'r~T~~~ ,..rVrl ('';'\1> ~.I 2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas I-ighway, Suite 212 MaraIlon, FL 33050-2227 (305) 289-2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-2356 EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Tallahassee. FL 32399-2100 (850) 413-9969 (850) 488-7956 9J-11 TRANSMITTAL REQUIREMENTS FOR THE SUBMISSION OF ADOPTED SMALL- SCALE COMPREHENSIVE PLAN AMENDMENTS November 2001 NUMBER OF COPIES TO BE SUBMITTED: Please submit one copy of the adopted small-scale amendment package to the Florida Department of Community Affairs and one copy each to the appropriate Regional Planning Council and any other local government or governmental agency in the state of Florida that has filed a written request with the local government. SUBMITTAL LETTER REQUIREMENTS: Please include the following information in the transmittal cover letter transmitting the adopted small-scale amendment (9J-11.015( 1), F AC.): _A statement indicating that the local government is submitting the adopted small-scale amendment in accordance with Section 163.3187(1)(c), F.S.; _ A statement identifying the number of acres of the small-scale amendment; _A statement identifying the cumulative total number of acres for small-scale amendments the local government has approved for the calendar year; _ The name, title, address, telephone and fax number of the local contact person. ADOPTION: The amendment package must include the following (see 9J-11.015(1), (2), F.S.): _ One copy of the executed ordinance(s) adopting the small-scale development amendment (Rule 9J-11.015(1), FAC.); _ A Future Land Use Map depicting the newly adopted designation and boundaries and location of the subject property in relationship to the surrounding street and thoroughfare network (Rule 9J- 11.015(2), F.A.C.); _ Copy of the public hearing notice of adoption hearing Rule 9J-11.015(2), FAC.; _ Other supporting information relative to the amendment (Rule 9J-11.015(2), FAC.); _ Form RPM-BSP-Small Scale-1 (Rule 9J-11.015(2), FAC.). q('.. The City of Boyn'Yon Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.o. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org May 18, 2005 Mr. D. Ray Eubanks, Community Program Administrator Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, FI 32399-2100 Re: City of Boynton Beach LUAR 05-003 Boynton Lofts Dear Sir: Please find enclosed required documents on the above-referenced, adopted small-scale amendment processed in accordance with Subsection 163.3187(1)(c)2., Florida Statues. The total number of acres for this amendment is 1.21. With the adoption of this amendment the cumulative total of acreage to date for the 2005 calendar year is 14.85 acres. Enclosed is Ordinance 05-019, reflecting approval by the City Commission on May 3, 2005, the publication notice, an updated land use map with the boundaries and location of the subject property in relationship to the surrounding street and thoroughfare network, and the completed RPM-BSP-Small Scale-l form. If you have any questions please contact me at 561- 742-6264. Respectfully submitted, ])a;tl Dick Hudson, AICP, Senior Planner ----- Cc: Treasure Coast Regional Planning Council South Florida Water Management District Florida Department of Transportation Florida Department of Environmental Protection Palm Beach County Department of Planning, Zoning & Building Florida Department of State S:\Plannlng\SHAREO\wp\PROJECTS\Boynton Lofts\LUAR 05-003\DCA Submlttalletblr.dot \q(, The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org May 18, 2005 Ms Susan Harp, Historic Preservation Planner Bureau of Historic Preservation R. A. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Re: City of Boynton Beach Boynton Lofts(LUAR 05-003) Dear Ms Harp: Attached please find the adoption package sent to the Department of Community Affairs on May 18, 2005, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, 61. Dick Hudson, Senior Planner Attachments S:\PLANNING\SHARED\WP\PROJECTS\BOYNTON LOFTS\WAR OS-G03\REVlEWAGENCYlETTER.DOT qr\, The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.o. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org May 18, 2005 Lorenzo Aghemo, Director Planning Division Department of Planning, Zoning and Building 100 Australian Avenue West Palm Beach, FL 33406 Re: City of Boynton Beach Boynton Lofts(LUAR 05-003) Dear Mr. Aghemo: Attached please find the adoption package sent to the Department of Community Affairs on May 18, 2005, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, A/I- Dick Hudson, Senior Planner Attachments S:\PLANNING\SHARED\ WP\PROJECTS\BOYNTON LOFTS\WAR OS-003\REVIEWAGENCYLETTER.DOT ~..........................,. (... ~ The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVlSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org May 18, 2005 Mr. Terry Hess, AICP Planning Director Treasure Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, Florida 34994 Re: City of Boynton Beach Boynton Lofts(LUAR 05-003) Dear Mr. Hess: Attached please find the adoption package sent to the Department of Community Affairs on May 18, 2005, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, A~ Dick Hudson, Senior Planner Attachments S:\PLANNING\SHARED\ WP\PROJEC1S\BOYNTON LOFTS\LUAR OS-G03\REVlEWAGENCYLETTER.DOT ((....('(... . ...' . '..~. The 'City ofBoynl'on Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org May 18, 2005 Ms. Lynn Griffin Director of the Office of Intergovernmental Programs Department of Environmental Protection 3900 Commonwealth Boulevard Tallahassee, Florida 32303 Re: City of Boynton Beach Boynton Lofts (LUAR 05-003) Dear Ms Griffin: Attached please find the adoption package sent to the Department of Community Affairs on May 18, 2005, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, ~~ Dick Hudson, Senior Planner Attachments S:\PLANNING\SHARED\ WP\PROJECTS\BOYNTON LOFTS\WAR OS-G03\REVIEWAGENCYLETTER.DOT ~.. ., ~ ....,. ,/ . .. ... The 'City of Boyn"rOn Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org May 18, 2005 P. K. Sharma, AICP, Lead Planner Water Supply Department South Florida Water Management District P. O. Box 24680 West Palm Beach, Florida 33416 Re: City of Boynton Beach Boynton Lofts (LUAR 05-003) Dear Mr. Sharma: Attached please find the adoption package sent to the Department of Community Affairs on May 18, 2005, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, A4-;/ --..., Dick Hudson, Senior Planner Attachments S:\PLANNING\SHARED\WP\PROJECTS\BOYNTON LOFTS\LUAR OS-003\REVIEWAGENCYLETTER.DOT \.~...(....'......... .. ~ . ", ' The 'City of Boyn'rOn Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Rorida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org May 18, 2005 Gerry O'Reilly, P.E. District Director, Transportation Planning Office Department of Transportation, District 4 3400 Commercial Boulevard, Third Floor Fort Lauderdale, Florida 33309-3421 Re: City of Boynton Beach Boynton Lofts(LUAR 05-003) Dear Mr. O'Reilly: Attached please find the adoption package sent to the Department of Community Affairs on May 18, 2005, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions. 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SERlFERT OF ADDISON PROPERTIES OF SOUTH FLORIDA INCORPORATED, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED AT 623 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA, FROM COMMUNITY COMMERCIAL (C-3) TO MIXED USE-LOW (MU-L); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 20 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for 2 1 said City; and 22 WHEREAS, Mr. Louis F. Mascia! Boynton Motel~ LLC., owner of the 23 property located at 623 South Federal Highway in Boynton Beach, Florida, as more 24 particularly described hereinafter, has heretofore filed a Petition, through its agent, 25 James A. Seifert of Addison Properties of South Florida, Incorporated, pursuant to 26 Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton 27 Beach, Florida, for the purpose of rezoning a parcel of land, said land being more 28 particularly described hereinafter, from Community Commercial (C-3) to Mixed 29 Use-Low (MU-L); and 30 WHEREAS, the City Commission conducted a public hearing and heard 31 testimony and received evidence which the Commission finds supports a rezoning S:\CA\Ordinances\Planning\Rezoning\Rezoning - Boynton Lofts Property.doc 1 for the property hereinafter described; and 2 . WHEREAS, the City Commission finds that the proposed rezoning is 3: consistent with an amendment to the Land Use which was contemporaneously I 4 I considered and approved at the public hearing heretofore referenced; and I 5 ! WHEREAS, the City Commission deems it in the best interests of the 6 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 7 set forth. 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 9 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 10 Section 1. The foregoing Whereas clauses are true and correct and 11 incorporated herein by this reference. Section 2. The following described land, located at 623 South Federal 12 13 Highway in the City of Boynton Beach, Florida, as set forth as follows: 14 15 Lots 5, 6, 7 and 8, less that portion of Lots 7 and 8, conveyed to the 16 State of Florida for road right of way, Block C, PENCE 1 7 SUBDNISION NO.2, according to the Plat thereof on file in the 18 office of the Clerk of the Circuit Court in and for Palm Beach 19 County, Florida, recorded in Plat Book 1, Page 33. 20 21 be and the same is hereby rezoned from Community Commercial (C-3) to Mixed Use- 22 Low (MU-L). A location map is attached hereto as Exhibit "A" and made a part of this 23 Ordinance by reference. 24 Section 4. That the aforesaid Revised Zoning Map of the City shall be amended 25 accordingly. 2 6 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby S:\CA \Ordinances\Planning\Rezoning\Rezoning . Boynton Lofts Property.doc 1 repealed. 2 Section 6. Should any section or provision of this Ordinance or any portion 3 :; thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 411 not affect the remainder of this Ordinance. 5 I Section 7. This ordinance shall become effective immediately upon passage. 6 I FIRST READING this ~ day of ~ ' 2005. 7 SECOND,FINALREADINGandPASSAGEthis.3 daYOf~,2005. 8 CITY OF BOYNTON BEACH, FL~RIDA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 4 ATTEST: 25 26 27 28 29 Z~ion~ c~er S:\CAIOrdinances\PJanning\Rezoning\Re2.0ning - Boynton Lofts Property. doc .oj T ----.-. . oc..--...-'" LV".. 'y ~v,~::: '..) .' \:.}/M.A;;J:1 ']\".l::.Y. ' .x':\ ~T'~~;~~si~~tJ;'I~(~~i ' ",I. k.t....."~:;,;~~~~;~X:ffi'~. .;f _ \ L.OY(JlJJ.ttftrt.. .11 ....0::.,.. '.r , ~. ;:~~~~.~';ii"v~i".;"ti,.:.,u~D;"'\f4i"" ,~'. '. ';:;"l~' ';. ... . J ~~~'r~~L ~':"'4<t ., ~~u.~~~~rty.Jj?:',':flt\'; / . \t'..";'i"~'.":;;'''6~;'' "'D'~'JJ-~*:':~A"~r~~:;'. ';~:....,:~ ...... .. : ., \iM",,^ (.Q ...-.,,),1' ..., ...',~. ;:;,]!~ "~. . , ; ',J,'}' ~.,,' ... ~_"~....." """;;-'" !.::~~~'~':~"'f. _ ... ..... . '---:l ' ". " .,. ",~.., \' ' 1; ..< "tn.. .!~ ~.. .' r!"..;~.;pe~;i,~r~,,; i ~!' . .:',.. ~;)c~~.'~,~~',;'~._:!~-~.~<~~;l-j}\'~~6~ !iJO if! ... ..' ~~~;~ ~~-'C;'l !lr (. : iT:Lj . ..'~.V.:AX'.;& :')~ii'. ":~;..:...,.~i...~}i. .1i/L . j '.'~mr' . tis ,'/~dlt . !-J-, 1~lj' .J"'-' ru-V'" :" ~~c,!) il ~ :i (~J)~;, ~,;.. ,,+If' " ',~," f -~J-:1--1IL- . I. I "..../ VLLLJ vrr_..&.. WW'T ' ." r ~--.,--e--, h ' ~r'~,--.----:_: .. ""~1~"' ~':r',~- ":"-~'-'~i .:.;.~ .,.,. ~l.' ;;.(r,!..1.,~, ,., \"1\ ., / .". ~()CMt. fte'r~ liJL~JPJ;j p'",," ~J . ,) jii. lh,'-:L~ -..~:_:.:.;,.1t7;~:'L~~'';'' "\'. .. j.~ .. ~., . f~~_~L=='i . I'g !'<l1!WelllJU..1\GClrc' ~ i! /~ I) Ii"l A '~ ;(~~A~~i;('" f f' " (. i",) . ir4 ), ',~' :r~',,<L:.. ,1:; .~.. ,:;~, /1' 7 \ .i'Q;,',~"ER \,r:, ~ i'~( tlrj,. t,i ~:~ ~,.:::':~~'::,:.:.:=.~.:~~=~..: ~\~_. <. .~:,J'\;~~';ii' /IL. '1 J @S!ll. ,'A6fl!cVL~ ,'\i,$A}\,., ,I.! .. r:--~-~- ~..: ~"'~i' i,J , " , 1/ .' f.,;1~rFli!.OOf{A"'~t4l\t ~'~~~:;t ,',: ~/! . . :,~_'-r-;'~;-"~f~' i....~'i, ""x Mlf ~D:" . ,,~~Rr:'~trv1rii~:~t'~~ ~t CON~V~TION~~l;;~-~S~;~~'" (~~F$'~;~ \~}". I 4. .. .~' > ' ~.~ r ~1~';Rr;N~"~1~;~~~~~~~1~~~~~~ ,. DEVELOPMENT DEPARTMENT PLANNING &. ZONING DMSION MEMORANDUM NO. PZ 05-016 TO: Chair and Members Community Redevelopment Agency Board and City Commission FROM: Eric Lee Johnson, AICP Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: February 1, 2005 PROJECT NAME / NUMBER: Boynton Beach Lofts LUAR 05-003 PROJECT DESCRIPTION Applicant: Mr. James A. Seifert / Addison Properties of South Florida, Incorporated Agent: Mr. Bradley D. Miller, AICP / Miller Land Planning Consultants, Incorporated Owner: Mr. Louis F. Mascia / Boynton Motel, LLC. Location: 623 South Federal Highway File No: Land Use Amendment / Rezoning (LUAR 05-003) Property Description: Partially developed property consisting of two (2) lots totaling 1.21 acres, classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3). Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to Mixed Use (MX) and rezone from Community Commercial (C-3) to Mixed Use-Low (MU-L) Adjacent Land Uses and Zoning: North: Vacant commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); South: Developed commercial properties (offices) classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); Page 2 File Number: LUAR 05-003 Boynton Lofts East: Developed multi-family residential (Sterling Village) classified High Density Residential (HDR) land use and zoned Multi-family Residential (R-3); West: Recreation space (Pence Park) classified Recreational (R) land use and zoned Recreation (REC). EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment / rezoning for the following reasons: 1. The requested land use and zoning are consistent with the Comprehensive Plan and the Federal Highway Corridor Redevelopment Plan; 2. Adequate public facilities and infrastructure are in place and / or is anticipated in the future to serve the subject site and its corresponding project; 3. The requested change would help to further provide an economic contribution to both the neighborhood and to the City. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. PROJECT ANALYSIS A future land use map amendment can be defined as a change to the City's Comprehensive Plan that seeks to modify the text of the adopted goals, objectives, and or policies contained within the Plan. Also, an amendment can be described as a change to the Future Land Use Map, which in turn, could change the list of permitted, conditional, or prohibited uses. Amendments to the Comprehensive Plan are divided into two (2) separate processes, namely large-scale and small-scale amendments. The applicable process is determined by the size of the parcel with the threshold being 10- acres. Also, if the amendment involves a residential land use, the density must be 10 dwelling units or less per acre. However, an exception to the density limitation is permitted if the property is in an area designated in the comprehensive plan for urban infill, urban redevelopment or downtown revitalization. According to the survey, the subject property totals 1.21 acres and is located in an area designated for urban redevelopment. Therefore, the subject request qualifies as a "small-scale" land use amendment. Small-scale text and map amendments do not require the State of Florida's Department of Community Affairs (DCA) to review for compliance with state and regional plans prior to its adoption by the City. This means that the proposed amendment, if desired by the city, would be adopted first, and then subsequently forwarded to the DCA for their records (generally "large-scale" amendments are not adopted until found to be "in compliance" by the DCA). Where a rezoning application Page 3 File Number: LUAR 05-003 Boynton Lofts would occur pursuant to an amendment to the Future Land Use Map, such as with this application, the two (2) applications shall be processed simultaneously as a single application. Therefore, "rezoning" shall be construed to include a "future land use map amendment". The proposed small-scale amendment / rezoning application is being reviewed concurrently with an accompanying request for site plan approval (NWSP 05- 008). The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed land use amendment / rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The applicant proposes to develop the property with a mixed-use residential/retail / office building. The project proposes a total of 48 dwelling units, which is under the 50 dwelling unit threshold outlined in Policy 1.12.1. Also, the subject property is located on the west side of Federal Highway, which is outside the evacuation zone, and therefore not subject to Palm Beach County Emergency Planning Division review and approval. Policy 1.13.3 states, "the City shall continue to encourage intill development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the policies contained in the Coastal Management Element" On May 15, 2001, the City Commission approved the implementation of the Federal Highway Corridor Community Redevelopment Plan and the Mixed-Use Low zoning category. This plan was created as one of the redevelopment plans recommended by the Boynton Beach 20/20 Redevelopment Master Plan. The subject property is located within the boundaries of Federal Highway Corridor Study Area N. The Study Area allows for the Mixed-Use land use designation and Mixed-Use Low zoning category. The property owner's intent is a proposed mix of uses (residential, retail, office), all of which would be permitted in the Mixed Use-Low zoning district. 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. Page 4 File Number: LUAR 05-003 Boynton Lofts Parcels that front on the west side of Federal Highway in this portion of the Federal Highway Corridor are generally designated with the Local Retail Commercial (LRC) land use classification and zoned Community Commercial (C-3), On the east side of Federal Highway, the predominant land use near the subject property is generally residential with varying densities (i.e. High Density Residential, Low Density Residential) and their corresponding zoning districts (Multi-family Residential, R-l-AA). In fact, High Density Residential (HDR) land use and Multi-family Residential (R-3) zoning is designated for the multi-family complex (Sterling Village) directly east of the subject property at a density of 18.6 dwelling units per acre with a total of 840 units. In the future, staff anticipates that where eligible, property owners located within the boundaries of the Community Redevelopment Agency area would eventually request zoning changes in favor of the Mixed-Use Low district when the market demands higher intensities consistent with the City's initiatives for urban infill and redevelopment. In fact, the Gulfstream Lumber property, located on the northwest comer of Woolbright Road and Federal Highway was recently reclassified to Mixed-Use (MX) land use and rezoned to Mixed-Use Low (MU-L). It should be noted that both the Gulfstream Lumber property and the subject property are located within the same study area (Area IV) of the Federal Highway Corridor Redevelopment Plan. Also, a land use amendment and rezoning change was already approved for the Arches project, located just 1,000 feet north of the subject lots. The lots assembled for the Arches project were recently reclassified to Mixed-Use Core (MX-C) land use and zoned Mixed-Use High (MU-H). The only difference between the two scenarios is the Arches project is located in Federal Highway Corridor Study Area V. In any event, these types of land use and zoning changes, including the subject request, are consistent with the City's redevelopment plans and would not grant special privilege to an individual property owner as contrasted with the protection of the public welfare. The requested amendment would not create an isolated or unrelated district and would help to create a better transition to the residential neighborhood to the east. c. Whether changed or changing conditions make the proposed land use amendment / rezoning desirable. The changing conditions make the proposed land use amendment and rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan recommended the changes of zoning categories within Planning Area N in order to create a desired appearance of a neighborhood which, being adjacent to the downtown core area is a gateway to the city. The recommendations were also aimed at promoting urban infill by eliminating one-story commercial and automobile-oriented (i.e. drive-thru) types of uses. Any redevelopment activities in Planning Area N consistent with the above objectives would support increasing developers' interest in the downtown core area. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Page 5 File Number: LUAR 05-003 Boynton Lofts The property was previously developed as a 21-room motel and therefore, utility systems such as potable water and sanitary sewer lines have already been constructed to the subject site. Utilities staff acknowledges that the proposed land use / rezoning change would increase the development potential of the subject site and in turn, would impose additional demand upon city infrastructure. However, increases in demand for potable water (22,981 gpd) would be accomplished via the planned purchase of up to 5 million gallons of potable water per day (for the next 5 years) from Palm Beach County Utilities. Local piping and infrastructure improvements may be required and would be addressed during permit review. The local improvements would be the responsibility of the site developer. Sufficient wastewater treatment capacity is currently available to serve the projected demands (11,629 gpd) of the project if the land use / zoning change were approved. The applicant would be required to make a firm reservation of capacity, following approval of a site plan. Drainage will be reviewed in detail as part of the review of the site plan, and must satisfy all requirements of the city and local drainage permitting authorities. On January 19, 2005, the Palm Beach County School District reviewed and approved the request for 48 multi-family dwelling units. The District's concurrency determination is valid for one year (until January 19, 2006), unless building permits are issued, in which case the concurrency determination would be valid for the life of the development order. The applicant submitted a traffic study and it was forwarded to the Palm Beach County Traffic Division for their review and approval. The Traffic Division reported that the proposed land use / zoning change, which is being processed concurrently with the site plan, proposes a mixed-use project that would generate an additional 60 new morning peak hour trips and 119 evening peak hour trips. The residential portion of the proposed mixed-use development is exempt from the Traffic Performance Standard review because the project is located within the county designated Coastal Residential Exception Area. Furthermore, the non-residential portion of the proposed project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the City after the 2008 build-out date. Police and Fire staff reviewed the accompanying site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. However, it should be noted that the influx of new development in the downtown area will begin to have an impact on police and fire services, thereby ultimately increasing the demand for additional personnel and equipment to balance the increase in population and non- residential uses in the city. e. 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 or nearby properties. The proposed land use amendment / rezoning would be compatible with the current and future use of properties located to the north, south, east, and west of the subject property in accordance with the vision for the corridor as represented by the redevelopment plan, There are no indications that the proposed amendment / rezoning Page 6 File Number: LUAR 05-003 Boynton Lofts would have negative impact on property values. In fact, the applicant states that ''this (accompanying) project is anticipated to increase land values in the area by promoting the use of these new categories". Staff concurs. It would help to improve the overall character of the area and provide neighborhood selVing retail and office uses to area residents. The accompanying site plan's proposed uses (retail, office, residential) have and will continue to occur on-site and within the neighboring properties. f. Whether the property is physically and economically developable under the existing zoning. The subject parcel was previously developed with commercial uses under the current zoning district. However, the one (1)-story motel is not the highest and best use of the site. Under the current zoning category, the C-3 zoning district allows for a residential density of 10.8 dwelling units per acre. However, this property, which is eligible for the Mixed-Use Low (MU-L) zoning category, would allow a residential density of up to 40 dwelling units per acre. The proposed zoning change would allow for greater flexibility in terms of use, density, setbacks, parking, and height. g. Whether the proposed land use amendment / rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The site could be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor by promoting the desired mix of uses and appearance consistent with the recommendations of the redevelopment plan. The existing property and proposed structure (shown in the site plan) is a compact unit of appropriate scale based on the corridor plan and the desire to gradually step down the height of buildings (from 150 feet) allowed in the Mixed-Use Core (MX-C) land use and Mixed-Use High (MU-H) zoning district. The proposal is consistent with the densities and development regulations established by the mixed use land use and zoning categories. This site and its project characteristic are consistent with Objective 1.13 that discourages urban sprawl by creating a compact urban area within the City and City's utility selVice areas, h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are other vacant commercial sites that would likely accommodate the proposed uses. However, the proposed redevelopment of the subject site has the benefits of promoting the city's development and redevelopment objectives as stated in the Comprehensive Plan and downtown redevelopment plans. The Mixed-Use Low zoning district was adopted in summer 2002, in order to implement redevelopment in the Federal Highway Corridor. It is more difficult to redevelop a site rather than develop a vacant site. Therefore, redevelopment efforts should be embraced because to do so, would be consistent with many of the Objectives in the Comprehensive Plan and their subordinate policies. This current application would represent the third request for reclassification to the aforementioned land use designation and zoning district. Page 7 File Number: LUAR 05-003 Boynton Lofts CONCLUSION I RECOMMENDATIONS As indicated herein, the requested land use amendment and rezoning are consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that cannot be served by existing capacities; would not be incompatible with adjacent land uses; would further the corridor redevelopment plan and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "c" - Conditions of Approval. S: IPlanninglSHAREDI WPlPROJECTSlBoynton LoftsILUAR 05-OO31Staff Report.doc SMALL SCALE DEVELOPMENT AMENDMENT SUBMITTAL FORM 1. Name of Local Government City of Boynton Beach Person Completing this form Dick Hudson Phone number 561-742-6264 Name of Newspaper that notice of small scale was published The Palm Beach Post Date Publication Noticed January 29, 2005 & February 8, 2005 (Please attach copy of notice) 2. Number of acres of small scale development amendments contained in package: a. Within Urban Infill, Urban Redevelopment or Downtown Revitalization as defined by Section 163.3164, FS 1.21 b. Within Transportation Concurrency Exception Area pursuant to Section 163.3180(5), FS 1.21 c, Within Regional Activity Centers or Urban Central Business Districts pursuant to Section 380.06(2)(e), FS d. Outside categories a, b, c 3. Cumulative total number of acres of small scale development amendments for the calendar year: a. Categories listed in Item 2 a, b, c. above b. Categories listed in Item 2 d and above 4. Total number of acres of small scale development amendments in this package that are located within a coastal high hazard area as identified in the comprehensive plan 0 14.85 Pursuant to Rule 9J-11.015(2), Florida Administrative code, this form must be mailed with all small scale development amendments as defined by Section 163.3187(1)(c), Florida Statutes to: DEPARTMENT OF COMMUNITY AFFAIRS BUREAU OF STATE PLANNING PLAN PROCESSING SECTION 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (904) 488-4925 S:\PlANNING\SHARED\WPlPROJECTS\BOYNTON LOFTS\LUAR 05-003\SMALL SCALE FORM.DOT The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org May 18, 2005 Mr. D. Ray Eubanks, Community Program Administrator Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, FI 32399-2100 Re: City of Boynton Beach LUAR 05-003 Boynton Lofts Dear Sir: Please find enclosed required documents on the above-referenced, adopted small-scale amendment processed in accordance with Subsection 163.3187(1)(c)2., Florida Statues. The total number of acres for this amendment is 1.21. With the adoption of this amendment the cumulative total of acreage to date for the 2005 calendar year is 14.85 acres. Enclosed is Ordinance 05-019, reflecting approval by the City Commission on May 3, 2005, the publication notice, an updated land use map with the boundaries and location of the subject property in relationship to the surrounding street and thoroughfare network, and the completed RPM-BSP-Small Scale-1 form. If you have any questions please contact me at 561- 742-6264. Respectfully submitted, Dick Hudson, AICP, Senior Planner Cc: Treasure Coast Regional Planning Council South Florida Water Management District Florida Department of Transportation Florida Department of Environmental Protection Palm Beach County Department of Planning, Zoning & Building Florida Department of State S;\Planning\SHARED\WP\PROJECTS\Boynton Loft:s\LUAR OS-003\DCA Submittalletter.dot The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org May 18, 2005 Gerry O'Reilly, P.E. District Director, Transportation Planning Office Department of Transportation, District 4 3400 Commercial Boulevard, Third Floor Fort Lauderdale, Florida 33309-3421 Re: City of Boynton Beach Boynton Lofts(LUAR 05-003) Dear Mr. O'Reilly: Attached please find the adoption package sent to the Department of Community Affairs on May 18, 2005, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, Dick Hudson, Senior Planner Attachments S:\PLANNING\SHARED\ WP\PROJECTS\BOYNTON LOFTS\LUAR OS-003\REVIEWAGENCYLETTER.DOT The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org May 18, 2005 P. K. Sharma, AICP, Lead Planner Water Supply Department South Florida Water Management District P. O. Box 24680 West Palm Beach, Florida 33416 Re: City of Boynton Beach Boynton Lofts (LUAR 05-003) Dear Mr. Sharma: Attached please find the adoption package sent to the Department of Community Affairs on May 18, 2005, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, Dick Hudson, Senior Planner Attachments S:\PLANNING\SHARED\ WP\PROJECTS\BOYNTON LOFTS\LUAR OS-003\REVIEWAGENCYLETTER.DOT The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org May 18, 2005 Ms. Lynn Griffin Director of the Office of Intergovernmental Programs Department of Environmental Protection 3900 Commonwealth Boulevard Tallahassee, Florida 32303 Re: City of Boynton Beach Boynton Lofts (LUAR 05-003) Dear Ms Griffin: Attached please find the adoption package sent to the Department of Community Affairs on May 18, 2005, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, Dick Hudson, Senior Planner Attachments S:\PLANNING\SHARED\ WP\PROJECTS\BOYNTON LOFTS\LUAR 05-003\REVIEWAGENCYLETTER.DOT ~r\"i Ci i ~........... )- \~\. ... . f.... \, ,;;,. . // \;' r"_~I_"" =-",,;.>,.,, "OJ .' The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org May 18, 2005 Mr. Terry Hess, AICP Planning Director Treasure Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, Florida 34994 Re: City of Boynton Beach Boynton Lofts(LUAR 05-003) Dear Mr. Hess: Attached please find the adoption package sent to the Department of Community Affairs on May 18, 2005, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, Dick Hudson, Senior Planner Attachments 5: \PLANNING\SHARED\ WP\PROJECTS\BOYNTON LOFTS\LUAR 05-003\REVIEWAGENCYLETTER.DOT The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org May 18, 2005 Lorenzo Aghemo, Director Planning Division Department of Planning, Zoning and Building 100 Australian Avenue West Palm Beach, FL 33406 Re: City of Boynton Beach Boynton Lofts(LUAR 05-003) Dear Mr. Aghemo: Attached please find the adoption package sent to the Department of Community Affairs on May 18, 2005, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, Dick Hudson, Senior Planner Attachments S:\PLANNING\SHARED\ WP\PROJECTS\BOYNTON LOFTS\LUAR OS-003\REVIEWAGENCYLETTER.DOT The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org May 18, 2005 Ms Susan Harp, Historic Preservation Planner Bureau of Historic Preservation R. A. Gray Building 500 S, Bronough Street Tallahassee, FL 32399-0250 Re: City of Boynton Beach Boynton Lofts(LUAR 05-003) Dear Ms Harp: Attached please find the adoption package sent to the Department of Community Affairs on May 18, 2005, regarding the above referenced small-scale map amendment to the Comprehensive Plan for the City of Boynton Beach. Please feel free to contact me at (561) 742-6260 if you have any questions. Sincerely, Dick Hudson, Senior Planner Attachments S:\PLANNING\SHARED\ WP\PROJECTS\BOYNTON LOFTS\LUAR 05-003\REVIEWAGENCYLETTER.DOT SMALL SCALE DEVELOPMENT AMENDMENT SUBMITTAL FORM 1. Name of Local Government City of Boynton Beach Person Completing this form Dick Hudson Phone number 561-742-6264 Name of Newspaper that notice of small scale was published The Palm Beach Post Date Publication Noticed March 7,2005 & March 17,2005 (Please attach copy of notice) 2. Number of acres of small scale development amendments contained in package: a. Within Urban Infill, Urban Redevelopment or Downtown Revitalization as defined by Section 163.3164, FS 9.88 b. Within Transportation Concurrency Exception Area pursuant to Section 163.3180(5), FS c. Within Regional Activity Centers or Urban Central Business Districts pursuant to Section 380.06(2)(e), FS d. Outside categories a, b, c 3. Cumulative total number of acres of small scale development amendments for the calendar year: a. Categories listed in Item 2 a, b, c. above 13.64 b. Categories listed in Item 2 d and above 4. Total number of acres of small scale development amendments in this package that are located within a coastal high hazard area as identified in the comprehensive plan 0 Pursuant to Rule 9J-11.015(2), Florida Administrative code, this form must be mailed with all small scale development amendments as defined by Section 163.3187(1)(c), Florida Statutes to: DEPARTMENT OF COMMUNITY AFFAIRS BUREAU OF STATE PLANNING PLAN PROCESSING SECTION 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (904) 488-4925 S:IPLANNINGISHAREDIWPIPROJECTSIBARR PROPERTYlLUAR 04-o091SMALL SCALE FORM.RTF 1 ORDINANCE NO. 05- 0 t~ 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 5 89-38 BY AMENDING THE FUTURE LAND USE 6 ELEMENT OF THE COMPREHENSIVE PLAN 7 FOR A PARCEL OWNED BY LOUIS F. 8 MASCIAlBOYNTON MOTEL, LLC., AND 9 LOCATED AT 623 SOUTH FEDERAL 10 HIGHWAY; CHANGING THE LAND USE 11 DESIGNATION FROM LOCAL RETAIL 12 COMMERCIAL (LRC) TO MIXED USE (MX); 13 PROVIDING FOR CONFLICTS, SEVERABILITY, 14 AND AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 17 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 18 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local 19 Government Comprehensive Planning Act; and 20 WHEREAS, the procedure for amendment of a Future Land Use Element of a 21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 22 and 23 WHEREAS, after two (2) public hearings the City Commission acting in its 24 dual capacity as Local Planning Agency and City Commission finds that the 25 amendment hereinafter set forth is consistent with the City's adopted Comprehensive 2 6 I Plan and deems it in the best interest of the inhabitants of said City to amend the 27 I aforesaid Element of the Comprehensive Plan as provided. 28 I NOW, THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section I: The foregoing WHEREAS clauses are true and correct and S:\CA\Ordinances\Planning\Land Use\Boynton Lofts.doc 1 incorporated herein by this reference. 2 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the i: 3 i following: 41 That the Future Land Use ofthe following described land located at 623 South 5 Federal Highway in Boynton Beach, Florida shall be changed from Local Retail 6 Commercial (LRC) and shall now be designated as Mixed Use (MX): 7 Lots 5, 6, 7 and 8, less that portion of Lots 7 and 8, conveyed to the State of 8 Florida for road right of way, Block C, PENCE SUBDIVISION NO.2, 9 according to the Plat thereof on file in the office of the Clerk of the Circuit 10 Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 11 33. 12 13 Subject to easements, restrictions, reservation and rights of way of record. 14 15 16 Section 3: That any maps adopted in accordance with the Future Land Use Element 17 of the Future Land Use Plan shall be amended accordingly. 18 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 19 repealed. 20 Section 5: Should any section or provision ofthis Ordinance or any portion thereof 21 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 22 the remainder of this Ordinance. 23 Section 6: This Ordinance shall take effect on adoption, subject to the review, 24 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 25 Planning and Land Development Regulation Act. No party shall be vested of any right by 26 virtue of the adoption ofthis Ordinance until all statutory required review is complete and 27 all legal challenges, including appeals, are exhausted. In the event that the effective date is 28 established by state law or special act, the provisions of state act shall control. S:\CA\Ordinances\Planning\Land Use\Boynton Lofts.doc i i 1 FIRST READING this ~ day of ~ SECOND, FINAL READING and PASSAGE this ~ ,2005. day Of~. 2 3 2005. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 '7 8 9 10 11 12 13 14 15 16 17 18 19 2 0 ATTEST: 21 22 23 24 25 26 rn~_ :;e.r~ Commissioner S:\CA\Ordinances\planning\Land Use\Boynton Lofts.doc OEPARTMENT OF DEVELOPMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 05-008 TO: Janet Prainito City Clerk FROM: Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: January 4, 2005 RE: Boynton Lofts LUAR 05-003 Accompanying this memorandum you will find one (1) copy of the application and related documents for the above-reference application. The application fees for staff processing and review have been forwarded to the Finance Department. A legal advertisement for same has been prepared for the February 8, 2005 Community Redevelopment Agency Board Public Hearing and the City Commission Public Hearings on February 15, 2005 and March 1, 2005, and will be forwarded to your office after review by the City Attorney. xc: Central File Attachments S:\Planning\SHARED\ WP\PROJ ECTS\Boynton Lofts\LUAR 05-003\legalnot.doc REQUEST FOR PUBLISHING PUBLIC NOTICES, LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two working days prior to the newspaper's ad submittal deadline. ORIGINATOR: Plannina and Zonina PREPARED BY: Michael Rumpf DATE PREPARED: 01/04/05 BRIEF DESCRIPTION OF NOTICE OR AD: Land Use Amendment and Rezonina for Boynton Lofts, 623 S. Federal Hiahway, Boynton Beach, FL SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) 2 col x 10" (minimum) size 18 pt (minimum) headline Ad for Community Redevelopment Aaency meetina on February 8, 2005 at 6:30 p.m. and City Commission meetinas of February 15, 2005 and March 1, 2005 at 7:00 p.m. NOT placed in Leaal Ads or Classified Ads sections SEND COPIES OF AD TO: Newspaper, applicants and Plannina and Zonina Director. NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED IN NEWSPAPER: January 29,2005 and February 8,2005 APPROVED BY: (1 ) (Originator) (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: PLEASE SEND COPIES OF PROOF OF PUBLICATION TO PLANNING & ZONING DIVISION S:\Planning\SHARED\ WP\PROJ ECTS\Boynton Lofts\LUAR 05-003\1egalnot.doc NOTICE OF PUBLIC HEARING We NOTICE OF LAND USE AMENDMENT NOTICE OF REZONING NOTICE IS HEREBY GIVEN that the Community Redevelopment Agency Board of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING, on Tuesday, February 8, 2005 at 6:30 p.m. in the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, to consider this request submitted by Miller Land Planning Consultants, Inc on behalf of Addison Properties of South Florida. The City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, will also hold public hearings to consider this request on Tuesday February 15, 2005 and Tuesday March 1, 2005. Each public hearing will take place at 7:00 p.m., or as soon thereafter as the agenda permits at the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard. The request is described as follows: LOCATION: 623 South Federal Highway (east side of Federal Highway between SE 5th Street and SE 6th Street) REQUEST: Amend the Comprehensive Plan Future Land Use Map: From - Local Retail Commercial (LRC) To - Mixed Use (MX) REQUEST: Rezone: From - To - C-3 Community Commercial MU-L Mixed Use Low Intensity PROPOSED USE: Mixed Use development containing residential, office and retail uses LEGAL DESCRIPTION: LOTS 5, 6, 7 AND 8, LESS THAT PORTION OF LOTS 7 AND 8, CONVEYED TO THE STATE OF FLORIDA FOR ROAD RIGHT OF WAY, BLOCK C, PENCE SUBDIVISION NO.2, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 33. (Insert map here) This request can be viewed between the hours of 8:00 a.m. and 5:30 p.m. at the City of Boynton Beach Planning and Zoning Division, 100 East Boynton Beach Boulevard. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Patricia Tucker (561) 742-6268, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. PUBLISH: The Post January 29, 2005 and February 8, 2005 CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 S:\Planning\SHAREDI WP\PROJECTS\Boynton Lofts\LUAR 05-003\legalnot.doc