REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DIVISION
MEMORANDUM NO. PZ 05-016
TO:
Chair and Members
Community Redevelopment Agency Board and City Commission
FROM:
Eric Lee Johnson, AICP cc-Jr.
Planner ()
Michael W. Rumpf
Director of Planning and Zoning
THROUGH:
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);
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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
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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 IV. 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.
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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-1-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 corner 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 IV 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 IV 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.
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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
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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 serving 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 (l)-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 service 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.
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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.
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PUBLIC SAFETY IMPACT - FIRE RESCUE
BOYNTON BEACH MALL - MUVICO
MSPM 05-001
QUANTUM LOT 17
NWSP 05-009
QUANTUM LOT 52
NWSP 05-010
NEPTUNE COMMERCE CENTER
NWSP 05-006
BOYNTON LOFTS
NWSP 05-008
GROVE PLAZA PARCEL C
CO US 05-002
The proposed projects listed above will be compatible with future capabilities for
fire services provided the followinq issues are adequatelv addressed:
Increased population will increase the number of emergency responses. To
meet the increased demand additional resources are required such as
personnel, apparatus, and equipment. It is imperative that the new fire
stations be completed and in service by the time these new projects are
completed and occupied, and that Fire Station #5 be expedited to insure
adequate service delivery levels and effective response times.
Increased population, particularly densely populated areas, increases the
potential for mass casualty events. Traffic congestion adversely affects
response time and accessibility.
These projects will increase the demand for water. The LDR requirement for
an adequate water supply for fire protection must be met. This requirement
calls for a hydrant flow of at least 1500 gallons per minute above the domestic
use, at a minimum residual pressure of 20 psi. Flow test are required prior to
the permitting of any new structures.
Every added new commercial and multi-family occupancy increases the
annual fire prevention inspection workload as required by ordinance.
Although there have been a large number of these occupancies added in the
past several years, our inspection staff has remained the same. This situation
has reached a point that may soon require changes in our inspection
schedules that may negatively affect our future success. The past and
current service level has prevented any significant fires in these occupancies
for several years.
New development projects involving multi-family or high-density commercial
projects should be approved contingent upon consideration of critical
upgrades in emergency dispatch capability. These enhancements include
new technology related to CAD, GIS, and AVL capability, as well as adequate
staffing. All other factors (personnel, training, technology, fire station
placement, building design features, etc) depend on a reliable and efficient
method of getting the resources provided where they are needed in time to
mitigate the consequences of an emergency, regardless of the type of
response.
.
. The City af BayMan 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
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www.boynton-beach.org .
To: Peter Mazzella, Assistant Director, Utilities
Nem Gomez, Interim Director of Utilities
Marshall Gage, Police Chief
Rodger Kemmer, Deputy Chief / Fire Marshal
Jody Rivers, Parks Superintendent
Cc: William Bingham, Fire Chief
Wally Majors, Parks Director
Laurinda Logan, Civil Engineer
Rick Lee, Fire Protection Analysist
John Huntington, Police Officer
From: Ed Breese, Principal Planner ~
Date: 12/8/04
Re: Impacts of proposed site plan upon City facilities and services
Project: Boynton Lofts
File Number: NWSP 05-008
MEMORANDUM
As part of the City's concurrency requirements, the City Commission directed the Planning & Zoning
Division to report whether or not the City could maintain an adequate level of service with current
infrastructure and / or staffing levels in order to support the proposed development.
Plans for the above-mentioned project have been forwarded to your department's TRC
representative for their technical review and comment. We are requesting that you review the
proposed project for anticipated impacts to your department's level of service (as requested by the
City Commission) and proVide use with your comments for direct insertion into our staff report. In
the past, you have sent us something that indicates your current staff / infrastructure would either
be able to support the proposed project or what would be required to meet the adopted level of
service. Please respond no later than 2 weeks from today. Also, any recommendations that
you believe that would enhance the project are certainly welcomed. I thank you for your assistance
in this matter. Should you have any questions regarding the requested information, please do not
hesitate to call me at 742-6260.
S:\Plannlng\SHARED\WP\AGENDAS\TRC\COI'1'eSpOI1den\lmpact Analysls.doc
bJ.-fY OF BOYNTON BEACH, FLORIJ1A
INTER-OFFICE MEMORANDUM
TO: Ed Breese,
~cipal Planner
~. J-
FROM: . n ~tington, Officer
Crime Prevention Unit
DATE:
December 22, 2004
FILE: NWSP 05-008
SUBJECT: Boynton Lofts
REFERENCES: Impacts of Proposed Site Plan Upon
Police Services
ENCLOSURES:
I have reviewed the building plans and proposed project for Boynton Lofts.
The city's population had increased 28.4 % from 1990 - 2000. With the projected development throughout the
city, an increase in population can be expected. Total police calls for service have increased 66.8 % from
1990 - 2000. A 12% increase in calls for service is expected due to this current growth.
For the purpose of this analysis, a similar project was used as a comparison. Also, a statistical analysis was
completed to show the percentage of increase of police calls for service for the selected project.
The police call for service for this project comparison has shown an increase of 222% over a two year period.
In relation to total calls for service to the zone, calls for service to this address represents 2% of all calls for
service for the entire zone. Currently, one officer handles 10.6 % of all calls for service.
Boynton Lofts and the Marina project, as well as future plans for the development of E. Ocean Ave. south to
SE 5 Avenue, will have a direct impact on providing an adequate level of public service to this area. Future
projects along the waterfront will increase local retail and office space and increase public traffic.
These new developments will have a direct impact on future public safety issues, to include calls for service.
Service requirements for the police department will be impacted greatly and the demand for more police
personnel and equipment will be needed to balance the increase in population and non residential traffic into
our city.
Johnson, Eric
From:
Sent:
To:
Subject:
Hudson, Dick (Orran)
Monday, January 31,200511 :05 AM
Johnson, Eric
RE: Sterling Village
Density is 18,6 du/ac per the Coastal Management Element of the Comp Plan (Table 21, page 67), No number of units
shown,
From:
Sent:
To:
Subject:
Johnson, Eric
Friday, January 28, 2005 8:51 AM
Hudson, Dick (Orran); Matras, Hanna
Sterling Village
Do we know the total number of dwelling units and project density of Sterling Village, which is located directly east of the
proposed Boynton Lofts? Thanks,
Eric
1