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24-008
1 ORDINANCE NO. 24-008 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 02-013 TO 5 REZONE AN APPROXIMATELY .587 ACRE PARCEL OF REAL PROPERTY 6 LOCATED AT 2508 NORTH FEDERAL HIGHWAY, BOYNTON BEACH, 7 FLORIDA, FROM COMMUNITY COMMERCIAL (C-3) TO INFILL 8 PLANNED UNIT DEVELOPMENT (IPUD); DECLARING THE PROPOSED 9 AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN 10 OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS,the City Commission of the City of Boynton Beach, Florida, adopted Ordinance 14 No. 02-013, establishing an official zoning map of the City; and 15 WHEREAS, B&B Florida Holdings, LLC, has requested to rezone the parcel of land located 16 at 2508 North Federal Highway, Boynton Beach, FL (the "Property"), more particularly described 17 in Exhibit "A,"from Community Commercial (C-3) to Infill Planned Unit Development (IPUD); and, 18 WHEREAS, the City Commission, sitting as the Local Planning Agency at a properly 19 advertised hearing received testimony and evidence related to the application and found that the 20 rezoning is consistent with the City's Comprehensive Plan and provisions of Chapter 163, Part II, 21 Florida Statutes; and, 22 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 23 requirements of Section 166.041, Florida Statutes, and the City's Land Development Regulations; 24 and 3.26.24(SRW) Page 1 of 6 CODING: Words in:.' ems type are deletions from existing law: Words in underlined type are additions. 25 WHEREAS, after careful review of the application, staff has determined that the proposed 26 rezoning is consistent with an amendment to the Future Land Use Map, which was 27 contemporaneously considered and approved by the City Commisison, complies with the City's 28 Comprehensive Plan, and is consistent with Chapter 163, Florida Statutes; and 29 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 30 which contains data and analysis supporting the rezoning; and 31 WHEREAS, the City Commission finds that the proposed rezoning is consistent with the 32 surrounding and existing land uses, the City's Comprehensive Plan and Land Development 33 Regulations, and the City Commission deems it to be in the best interest of the public to amend 34 the City's Zoning Map as further set forth herein. 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 36 BOYNTON BEACH, FLORIDA: 37 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and 38 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 39 Section 2: Decision. The Property described in Exhibit A is hereby rezoned from 40 Community Commercial (C-3) to Infill Planned Unit Development (IPUD), and the City's Official 41 Zoning Map shall be amended accordingly. 3.26.24(SRW) Page 2 of 6 CODING: Words in.tri ough type are deletions from existing law; Words in underlined type are additions. 42 Section 3: Amendment to Zoning Map. The Director of Planning and Zoning is 43 further authorized to make the necessary changes as required to the City's Official Zoning Map to 44 reflect the above stated changes. 45 Section 4: Authorization to Transmit. The City Manager or designee is hereby 46 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 47 provisions of the Community Planning Act, if required. 48 Section 5: Severability. The provisions of this Ordinance are declared to be 49 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 50 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 51 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 52 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 53 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 54 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 55 Section 7: Effective Date. This Ordinance shall take effect immediately upon 56 adoption. 57 58 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 3.26.24(SRW) Page 3 of 6 CODING: Words in.'fi'- ;type are deletions from existing law; Words in underlined type are additions. 59 FIRST READING this 2nd day of April 2024. 60 SECOND, FINAL READING AND PASSAGE this le day of AApr, I, 2024. 61 CITY OF BOYNTON BEACH, FLORIDA ff 62 YES NO 63 64 Mayor—Ty Penserga 65 66 litsThrfvussicyur— Thomas Turkin r� 67 68 CSlmtrnisstcsr —Wo—Woodrow L. Hay 69 n(� 70 L nm s, ii.tu—Angela Cruz 71 72 J —Aimee Kelley 73 74 VOTE 75 TT: T: 76 78 Mayl=- - -sus, MMC Ty rf! 79 City Cle May. 80 _•��....� 81 s�pVNTO/�e��1 A''PROVED AS TO FORM: 82 (Corporate Seal) ; O;c,0 n , • SEM-4 v83 — 84 pi : �NCORPO2Rj 1 ilium 85 tit • 19 :� f Shawna G. Lamb 86 I' • Cit Attorney FLOR� r y y 3.2624(SRW) Page 4 of 6 CODING: Words in •fi'-, h type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description Address: 2508 North Federal Highway, Boynton Beach, FL PCN: 08-43-45-15-02-000-1250 Legal Description: Lots 125, 126, and 127, and Lots 128 to 133 inclusive, Less the Westerly 64.69 feet of said Lots 128 to 133 inclusive, and Less that part of Lot 128 which is included in the external area formed by a 12 foot radius arc, tangent to the North line of said lot 128 and tangent to a line parallel to and 64.69 feet Easterly of when measured along the South line of said Lot 128, the West line of said Lot 128, Lakeside Gardens, according to the Plat thereof, as recorded in Plat Book 8, Page 57, of the Public Records of Palm Beach County, Florida. 3.26.24(SRW) Page 5 of 6 CODING: Words in:t '- ,type are deletions from existing law; Words in underlined type are additions. Exhibit B Amended Zoning Map Ex. B: Proposed Zoning Potter Townhomes - 2308 N Federal Hwy /;; I 11,11/%'4,4 9 4° Potter Rd eo _ O t C? (1 Dzi IPUD CD j 3 - r i Zoning 11111 R3 Multi Family, 11 du/ac 11111 PUD Planned Unit Development IIIIII C3 Community Commercial REC Recreation 5 30 60 90 120 MM Parcel f • - Feet. 3.26.24(SRW) Page 6 of 6 CODING: Words in side-through type are deletions from existing law; Words in underlined type are additions. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 24-006 STAFF REPORT TO: Mayor Ty Penserga Members of the City Commission THRU: Amanda B. Radigan, AICP, LEED AP Planning and Zoning Director FROM: Craig Pinder, Senior Planner DATE: March 1, 2024 (City Comission Hearing: April 2 and April 16, 2024) PROJECT: Potter Townhomes - Future Land Use Map Amendment and Rezoning, (2023.06.12894) REQUEST: Approval of Potter Townhomes Future Land Use Map Amendment (2023.06.12894) from Local Retail Commercial (LRC) to High Density Residential (HDR) and Rezoning (2023.06.12894) from Community Commercial (C-3) to Infill Planned Unit Development (IPUD) with a master plan for 8 townhome units. PROJECT DESCRIPTION Property Owners: B&B Florida Holdings, LLC Applicant: Peter Dwyer, Dwyer Construction & Development, Inc. Agents: Bradley Miller, Urban Design Studio, LLC Location: 2508 North Federal Highway Existing Land Use/ Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/ Zoning: High Density Residential (HDR) / Infill Planned Unit Development (IPUD) Proposed Use: 8 fee-simple townhomes Acreage: 0.587-acres Adjacent Uses: Potter Townhomes-Future Land Use Map Amendment and Rezoning (2023.06.12894) Memorandum No PZ 24-006 Page 2 North: Right-of-way of Potter Road, then further north, developed commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C3); South: Developed multi-family property (Inlet Harbor Club) classified as Recreational (R) and Medium Density Residential (MEDR) land use, and zoned Recreational (REC), Multi-family Residential (R3); East: Secondary ingress/egress for the multi-family condominium development (Inlet Harbor Club) classified as LRC land use, and zoned C3, and further east, developed properties classified low density residential (LDR)land use and zoned Single-family Residential (R1AA); West: Right-of-way of North Federal Highway and the Florida East Coast Railroad, and further west, developed residential property (The Crossings of Boynton Beach) zoned Planned Unit Development (PUD). PROPERTY OWNER NOTIFICATION A notice of the requests was mailed to owners of properties within 400 feet of the subject properties, and signs were posted for the City Commission meeting dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. BACKGROUND The Potter Townhomes development is proposed on a vacant 0.587-acre property located within the Federal Highway District as defined by the CRA Community Redevelopment Plan (CRA Plan) and within the Urban Commercial District Overlay. The project site was formerly developed with a gas station, which was subsequently demolished in 2004 and has remained undeveloped. The property is classified as Local Retail Commercial (LRC) land use, and zoned Community Commercial (C-3). The applicant has requested to amend the land use classification to High Density Residential (HDR) and rezone the property to Infill Planned Unit Development (IPUD), a zoning designation corresponding to the HDR land use classification. The requested zoning district allows 15 dwelling unit per acre, a maximum density of the underlying Future Land Use classification. The applicant proposes to develop a planned-unit development with a total of 8 dwelling units, consisting of four (4) 2-unit townhome buildings, which represents a proposed density of 13.63 du/ac and complies with the underlying Future Land Use density. Two of the buildings will have frontage along North Federal Highway, and the project will provide the required pedestrian zone improvements including wide sidewalks and street trees. The requested future land use amendment and rezoning is consistent with the recommendation provided in the CRA Plan for this area of the North Federal Highway District. REVIEW BASED ON CRITERIA The criteria used to review rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.D.3. These criteria are required to be part of the staff analysis when the S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Future Land Use Amendment and Rezoning Staff Report_(2023.06.12894)_FINAL.docx 2 Potter Townhomes-Future Land Use Map Amendment and Rezoning(2023.06.12894) Memorandum No PZ 24-006 Page 3 proposed project includes a rezoning. a. Demonstration of Need. Whether the proposed amendments to the FLU and zoning maps are supported by the implementation of the city's vision for, or changes in the conditions or character of development in, the area under consideration. Ongoing or anticipated market trends may also be considered in a justification Statement provided as part of the application. The CRA Plan's vision calls for a mix of uses that front the road, improvement, and activating the area with streetscape that will encourage biking and walking by providing shade, lighting and safety. The proposed master plan provides a townhome development that will front Federal Highway and activate the corridor with streetscape improvements, consistent with the development pattern of the Federal Highway District. The townhome proposal provides diversity in the housing supply as it increases the option for owner-occupied multi-family housing within the CRA boundaries. Furthermore, the proposed High Density Residential (HDR) land use is consistent with the recommended land use in the CRA Plan. b. Consistency. Whether the proposed amendments to the FLU and zoning maps would be consistent with, and promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, or any other current city-approved planning documents. The proposed HDR land use classification and IPUD zoning district are consistent with the City's Comprehensive Plan, and further implement the vision of the 2016 CRA Plan. The IPUD zoning district is intended to implement the existing density established within the HDR future land use classification. The Future Land Use Map (FLUM) amendment and rezoning are also consistent with the following Comprehensive Plan objectives and policies: Objective 1.7 The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. Objective 1.11 The City shall promote the development of a variety of rental and owner-occupied, single- and multi-family housing for a broad range of income groups, diverse cultures and for groups with special needs, and strive to protect residential environments by preventing or minimizing land use conflicts. Policy 1.11.1 The City shall continue efforts to encourage a variety of housing choices by allowing a full range of residential densities to accommodate a diversity of housing choices including, single family, multi-family, manufactured and mobile dwellings and group homes. Policy 1.11.2 The City shall continue to maintain and improve the existing single-family and lower- density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, contributes to the implementation of adopted redevelopment plans, or furthers the City's affordable housing programs. c. Compatibility. The application shall consider whether the proposed future land use and zoning, or potential uses allowed in a proposed zoning district, would be compatible with the surrounding uses in terms of density, scale, and the nature of use, or when such an amendment would normally create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Future Land Use Amendment and Rezoning Staff Report_(2023.06.12894)_FINAL.docx 3 Potter Townhomes-Future Land Use Map Amendment and Rezoning (2023.06.12894) Memorandum No PZ 24-006 Page 4 The proposed master plan, accompanied with the subject FLUM amendment and rezoning, would be compatible in density, scale and character with the surrounding neighborhood. The proposed project abuts the Inlet Harbor Club property, which is a 61-unit condominium development classified as Medium Density Residential (MEDR) land use. The proposed density for the subject property is less than the maximum density allowed by the HDR future land use, and the rezoning directly implements HDR land use which is envisioned within the CRA Plan. This request represents an incremental implementation of the CRA Plan and creates a more compatible relationship with the neighborhood than the current commercial land use classification and zoning designation. d. Orderly Growth. Whether the proposed amendments to the FLU and zoning maps would encourage piecemeal development or create undevelopable parcels. As stated in the responses for criteria "b" and "c" above, the proposed rezoning is consistent with the CRA Plan and Comprehensive Plan. The subject site is sufficient for the proposed development and does not propose a parcel assemblage. Therefore, the proposed amendment would not result in the creation of an undevelopable parcel(s) or encourage piecemeal development. e. Location Efficiency. Whether the proposed amendments to the FLU and zoning maps would support complementary land uses; the integration of a mix of land uses consistent with smart growth or sustainability initiatives;access to a wide range of mobility options;or interconnectivity within the project and between adjacent properties. See the responses to criterion "c" and "d" above. The proposed amendment to the future land use and zoning maps is consistent with the vision of the Federal Highway District embedded in the CRA Plan, and will be complementary with the existing development and future redevelopment of the surrounding areas as the implementation of the CRA Plan continues. Two of the townhome buildings are oriented toward Federal Highway to promote a more walkable pedestrian environment and provide access directly to Federal Highway. Given the relatively small size of the subject parcel, providing a mix of uses is not achievable; however, the project achieves several sustainability initiatives including providing canopy trees in an amount that exceeds 25% of the minimum number of required trees. Furthermore, the project is located immediately off North Federal Highway with direct access to Palm Tran route 1, which provides a connection to the existing county-wide bus network. Part III, Chapter 3, Article III, Sec.2.G.1.b states "rezoning to the IPUD district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have been impacted by environmental contamination."As mentioned above, the proposed development has frontage along Federal Highway, which provides immediate access to transit, and connects the project to employment centers and the community at large. f. Availability of Public Services/Infrastructure. All requests for FLUM amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI Concurrency. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Future Land Use Amendment and Rezoning Staff Report_(2023.06.12894)_FINAL.docx 4 Potter Townhomes-Future Land Use Map Amendment and Rezoning (2023.06.12894) Memorandum No PZ 24-006 Page 5 The traffic impact analysis was submitted to the Palm Beach County Traffic Division, with the findings of 54 new daily trips, 3 new a.m. peak hour trips and 4 new p.m. peak hour trips. The Traffic Performance Standards (TPS) review from the Palm Beach County Traffic Division determined that the project meets the TPS of Palm Beach County. The School Capacity Availability Determination (SCAD) letter provided by the PBC School District determined that the project will not negatively impact the school district. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. g. Economic Development Impact. (1) Whether the proposed rezoning/FLUM amendments would not: a. Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and b. Represent a potential decrease in the number of uses with high probable economic development benefits. (2) Whether the proposed rezoning/FLUM amendments would: a. Create new employment opportunities; b. Contribute to the enhancement and diversification of the city's tax base; c. Respond to the current or anticipated market demand or community needs; or d. Alleviate economic obsolescence of the subject area. The proposed FLUM amendment and rezoning would not decrease the possible intensity of development, nor the number of uses with high probable economic development benefits. The proposed project generates economic development benefits by developing a parcel that has been vacant for approximately two (2) decades, providing additional fee-simple housing, and improving the existing pedestrian network near the project site, which could potentially enhance the quality of life of the community. The direct impact on job generation would not be significant as there are no commercial or industrial uses as part of this proposal; however, there will be indirect effects through increased demand for nearby businesses. h. Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides evidence of satisfying at least two (2) of the Direct Economic Development Benefits listed in subparagraph "g"above. The subject parcel is currently classified as LRC and zoned C3, however, the CRA Plan's recommended land use (HDR)for this site envisions residential development. The proposed FLUM amendment implements the CRA Plan's vision, and the IPUD rezoning corresponds to the HDR land use classification, which is consistent with the Goals, Objectives, and Policies set for the Future S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Future Land Use Amendment and Rezoning Staff Report_(2023.06.12894)_FINAL.docx 5 Potter Townhomes-Future Land Use Map Amendment and Rezoning (2023.06.12894) Memorandum No PZ 24-006 Page 6 Land Use elements of the City's Comprehensive Plan. As mentioned in response to sub-paragraph "g" above, the project generates economic development by developing a parcel that has been vacant for approximately twenty (20) years and will increase demand for nearby businesses. RECOMMENDATION Staff has reviewed the proposed Future Land Use Map (FLUM) amendment and rezoning (2023.06.12894) and recommends APPROVAL based on the findings that the project implements the Community Redevelopment Plan and the Comprehensive Plan objectives and policies. S:\Planning\SHARED\WP\PROJECTS\Potter Townhomes\Staff Reports\Future Land Use Amendment and Rezoning Staff Report_(2023.06.12894)_FINAL.docx 6 • • '-----CITY OF------ Xhlb J-1 : Locatio Ji • p BOYNTON BEACH Of :. tianiit).1 es - Fe wy e 1 ' - •.- -, . , . .. ,_ . •• •----,-0-- , •-. , -, . • -7, ; I ,i. j-, . . - 1 .1.9 . +. ,-,,= • . •• .1, • A. . , i'• '.. • 1 e 0 .... . • )6 ., --,n - ', ' :H,)•,. ,.. i .:t.,t, ..• , . . , ww r •• ,.itv,,.; 4.:. •i '.! -''‘ 4 ,,,--,K • • 4 . . Potter Rd ir -.;..- .• - _ : , . . . . . , I i Cg .,: : ••-• ' :, 1 , ' I t . , WI •.04 K . . . . .t..; , . ....>1 # '• 410f*r:."4 II i4 • 4'" •I'' r, -0i, : - . . •••• • • II i 1:1 II ,. •- , ..iv TA,t i i i 0 r I -''':-i . i 1 k• .fr - , ,. • I ,.*Ni• Z. *O.,• ., " ' . ' . / ,'' l' ' . I i • ' ,4.-' -_ ,-,,,:-N`, .. lik.,. .. ..), t --:. t . . , ) , • . . ..,. '7---,_. ti a ' I c , . ett....-, .4.\ , ‘ 4 7 • , .-.. ,.. .c .. '.4„ ...;.. , N . , ' '*.. ' . ....,r . - .• . 4 //ill' .. ..„• . . . -: t , __„4, a... • . r _ . .. z fr. L r , • .. ., , %.,•• . , •', -. . „ ., •, 4 • • .111 - .4- ••''. . ' 'N- tjaP.: . : • lt I , 4 T,--•:: . , 4 • , t , . • . , . , .. 4 it... „ ... , , r 4 - , - • o 15 30 60 90 . , • to .0i 1 t 1'2011 . ..--, - #.., 4 Ile. • f k' P&A. -riti..s '.. i, ..: • Ex. B: Existing Fu ur • nd Use B---..O"-CITY OF Potter a 4 ii • ies - 2 18NF:, 4r_jJrij B E A C • i ,1 ' tt 1JJ 4 o r IiJ/? I . 1. ° Potter Rd 3 , O 1 ` t 0 r . } 1 Llicoi ! T ti , I 1 ' 1 iI • a •� I ,f i 1 III i _ 1; I i,1 : ,,::: ' 1 Mr - L..8 ,:i ,, _, ,.,_,,,,.,,--,-.. 13 70 i� e UN 1 1 ' \* : Z •, 1.1 Ell LOW DENSITY RESIDENTIAL(LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL(MEDR); 11 D.U./Acre all LOCAL RETAIL COMMERCIAL (LRC) i,' _., . , _._ RECREATIONAL (R ) 0'. 15 30 60 90 120 Parcel • III Feet Ex. C: Propo - • ture Land Use BorNTo fµ P• -r Tow' ' • i es - 2 rs j'1 r:,--,J r:,IJ wy B E A c_ • .�, a , i i „' , ,: . . 4. II 4 iv, ' ,;., ,: Tpiiii , ,o .Potter.Rd -ter•. F -ez - ` I!``. .' •, ad, � /{ji f I; © . i .i , 1-rk2 JL /r a 3 I , = d' .I/ . ..0, • i g . i _ .a ., y ' f A MI LOW DENSITY RESIDENTIAL(LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL(MEDR); 11 D.U./Acre 111111 LOCAL RETAIL COMMERCIAL(LRC) RECREATIONAL(R ) 015 30 60 90 ,120 4tih� Parcel Ns N Feet "` �: I 11111 11 1) i J sti n g Z o n i CITY O F .. g tr BOYNToM r'viii:t 1!)';,i,i,u111:. - 2508 N Fed:. • 'r J / ''-s.' i<fr ' 1 1 I i .1...,r: ::„,:l ii ;/,' .-{, , IIS 1 Po/ .. . :., tter Rd _ ; . ____-_,., MP i'14' a �r + I H , ., :� r I,. 1 , I , 1j! 1 >I r ' i c 3 CD r. Z .. • ... .. 4 ) ' 1 i'll , ! '! Zoning • / R3 Multi Family, 11 du/ac 4,, Ji'r PUD Planned Unit Development C3 Community Commercial REC Recreation i 0 15 30 60 90 120 Parcel Feet Ex. E: Proposed Z . ni ,g BOYNTO • • - Townhomes - - f F:,• at,l r+,v� B E A C T , 'r ;r: . 1� { : 4 tl - lbs r' 4 r. ' i i t ; ' i -:Potter:Rd .,- - i ;1'41 f / . ri " If? 1� tii - -; , 't 'i n� DLJ: I . r1 i ...4" .1- I , , r ._._..,.,....___:., _, . ... . _ .. . ,__ _ . r ! ; Lit r a, 1W1 ; rr.1 ,.., .,:i,,,:•,,, , .. . ., , 1 : '''''. z .. ... ,■ , . _ . . ., ._ . .4 . .. • ., ..,,,,,, - . J , ti 'I • ifZoning R3 Multi Family, 11 du/ac v41 ._ ® PUD Planned Unit Development C3 Community Commercial REC Recreation it'0' 15 30 60 90 120 ,, Parcel 4�►h� �' Feet ' _ __ _ .__. x i •1 - us I Ica ion a emen POTTER TOWN HOMES urban PROJECT NARRATIVE desi n Request(s): Future Land Use Map Amendment, S Ual0Rezoning, New Master Plan & Site Plan, Variance Application No: CPTA, REZN, NMP, NWSP-2023.06.12894 Submitted: June 27, 2023 Urban Design Resubmitted: November 1, 2023/January 12, 2024 Land Planning Landscape Architecture The property that is the subject of this application is 0.587-acres, located at the southeast corner of N. Federal Highway and Potter Road, approximately 0.14 miles north of E. Gateway Boulevard and is undeveloped (subject site"). On behalf of Dwyer Construction & Development, Inc. ("Applicant"), Urban Design Studio has prepared and hereby respectfully submits this application to request development approval to improve the subject site with an 8- unit (fee simple) townhouse development. The subject site consists of a single parcel of land, as identified by the Palm Beach County Property Appraiser via PCN 08-43-45-15-02-000-1250, with a physical address of 2508 N. Federal Highway. The subject site has a future land use designation of Local Retail Commercial ("LRC") and is located within the C3 commercial zoning district and Urban Commercial District Overlay ("UCDO"). The CRA Recommended FLU designation is High Density Residential (HDR) which allows 15 dwelling units/per acre. As confirmed with City Staff at a Pre-Application meeting on April 18, 2023, to achieve the development proposal, the following application approvals are being requested: • Future Land Use Map Amendment from Local Retail Commercial ("LRC") to High Density Residential, 15 dwelling units per acre ("HDR-15 du/ac") • Rezoning from C3 to Infill Planned Unit Development ("IPUD") • New Master Plan & New Major Site Plan • Variance for East Landscape Buffer PROJECT INFORMATION Applicant Dwyer Construction & Development, Inc. Owner B&B Florida Holdings, LLC Agent Urban Design Studio, Bradley Miller, AICP / Ailish Villalobos Site Location Southeast corner of N. Federal Hwy and Potter Rd, approx. 0.14 miles north of E. Gateway Blvd PCN's 08-43-45-15-02-000-1250 Existing FLU Local Retail Commercial (LRC) Proposed FLU High Density Residential (HDR — 15 du/ac) Existing Zoning C3 Proposed Zoning Infill Planned Unit Development (IPUD) Existing Use(s) Vacant Commercial Proposed Use(s) 8-unit (fee simple) townhouse development Site Area 0.587-acres (25,591 square feet) 610 Clematis Street, Suite CU02, West Palm Beach, FL 33401 P: 561-366-1100 www.udsflorida.com LA0001739 x lei - us i Ica ion a emen Potter Townhomes Page 12 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 SURROUNDING PROPERTY North: Developed commercial property (medical office) designated LRC and zoned C3; and vacant commercial property designated LRC and zoned C3. South: Developed multi-family residential property (Inlet Harbor Condominium) designated Recreation ("R") and Medium Residential, 11 du/ac ("MEDR") and zoned REC and R3. East: Developed secondary driveway that is gated (and does not appear to be in use) for multi-family residential property (Inlet Harbor Condominium) designated LRC and zoned C3. West: Right-of-way for Federal Highway and FEC Railroad, followed by developed multi-family residential property (Crossings of Boynton Beach) designated MEDR, 11 du/ac and zoned Planned Unit Development ("PUD"). PROPOSED DEVELOPMENT DESCRIPTION Potter Townhomes is a proposed 8 unit (fee simple) townhouse development on 0.587-acres bordered to the east and south by a multi-family development known as Inlet Harbor Condominiums (specifically the east side is a secondary driveway that is gated and appears to not be used and the south side is a recreational component); to the north is Potter Road right- of-way followed by developed commercial (medical office) use; and to the west is Federal Highway right-of-way, FEC Railroad right-of-way, followed by a multi-family residential development known as Crossings of Boynton Beach). The subject property is comprised of one parcel and is currently vacant. The existing commercial land use and zoning of the subject property comes from the historic commercial corridor of Federal Highway, dating back to days prior to the construction of 1-95. More recently, the City adopted a recommendation from the Community Redevelopment Agency (CRA)that the most appropriate future land use designation for the subject site is HDR- 15 du/ac. Under the HDR land use classification and IPUD zoning district, the maximum allowable density is 15 dwelling units per acre, which would allow the Applicant a maximum of 8 dwelling units on the subject site. Townhouses are permitted uses in the IPUD zoning district. The intent of the proposed project is to provide a fee simple — for sale residential community. The project proposes one point of ingress/egress located on Potter Road. There are 4 buildings with two units in each that are intended to be sold as fee simple units with an internal driveway from Potter Road. Each unit is three stories in height, consists of approximately 2,759 square feet of air-conditioned space, a 2-car garage and covered patio. The ground floors include a foyer at the front door, a "game room/den" area, guest room and a full bathroom. The second floors have a living room, family room, kitchen, dining area and a half bathroom. The third floors have three additional bedrooms and two full bathrooms. A breakdown of the unit area tabulation is provided below: x 1 •t - us t Ica ton a emen Potter Townhomes Page 13 Justification Statement- June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 UNIT AREA TABULATION AREA SQ. FT. GROUND FLOOR NC 663 SECOND FLOOR A/C 1010 THIRD FLOOR A/C 1086 TOTAL A/C 2759 COVERED ENTRY 28 2-CAR GARAGE 434 COVERED PATIO 90 2ND FLOOR BALCONIES 167 3RD FLOOR BALCONY 53 TOTAL CONSTRUCTION 3531 Each unit will be provided with a city trash roll-out bin which will be individually stored within the unit garage and rolled out to Potter Road for pick up and returned to garages on designated days. Bulk trash pick-up will be handed by calling City Utilities for a special pick up. Provided within the site are two recreational amenity areas which are located in the middle and northeast portions of the site. The recreational area totals to 1,620 square feet which complies with the IPUD requirement of 200 square feet per unit or 1,600 square feet. A cabana feature is provided within the centrally located recreation space, which fronts Federal Highway, and the northeastern area is suitable for a dog walking area. There is also a community mail kiosk station provided at the southern end of the site. The maximum building coverage in the IPUD zoning district is 50%, which equates to 12,795 for the 0.587-acre site. Provided is a total building coverage of 37.4% (9,496 square feet) which is below the allowable amount, along with 29% (7,493 square feet) of open space area and 33.6% (8,620 square feet) of hardscape. While the IPUD zoning district is flexible on minimum building setback requirements, the proposed setbacks have been provided for compatibility purposes to mirror the surrounding uses. The maximum height of buildings in the IPUD zoning district is 45-feet, all proposed structures are provided at 35'-0" in compliance. Building elevations and floor plans, prepared by Brenner Architects are provided with this application for further detail. Based on the proposed 8-unit development and code parking requirement at 2 parking spaces per unit, along with 0.15 parking spaces per unit for guest parking, that would equate to a total of 18 parking spaces required. Each unit will have a 2-car garage which will provide for 16 parking spaces. Each garage will be regulated by property owner documents to park their vehicles within the garage only and the garages will be pre-wired for EV connections. There are 2 parallel guest parking spaces provided on Potter Road for a total parking count of 18 parking spaces, which meets and exceeds the parking space requirement. On street parking on Federal Highway has been considered, however, based on FDOT Design Manual, section 210.2.3 allows on street parking for roads with posted speeds of 35 mph or less. The posted speed limit in this area of Federal Highway is 40 mph and therefore on street parking is not allowed at this location. x i • i - us i Ica ion a emen Potter Townhomes P =, g e 14 Justification Statement- June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 The subject property is located within the Urban Commercial Overlay Zone and therefore must comply with the criteria of Art. II, Section 4.B, Urban Landscape Code. As shown on the provided plans, the property line that abuts Federal Highway must comply with the Pedestrian Zone requirements, measured from the back of curb, including a 5' wide street tree area where the street trees are planted in 5' x 5' tree wells that are covered by a walkable material, a 10' sidewalk measured from the center line of the 5' street tree area, followed by an 8' wide active area, which for residential projects can be stoops, stairs, patios leading to a pedestrian door facing Federal Highway. The components of the Pedestrian Zone have been reordered on the proposed plan in attempt to avoid conflict between underground utilities and the street trees, however, continue to provide a pedestrian area with shade and direct connectivity from the four units that face Federal Highway to the public sidewalk. The 10' wide sidewalk as measured from the back of curb for Federal Highway extends into the property by approximately 3.5 feet. As required by FDOT, this 3.5-foot-wide strip will be dedicated to FDOT so that the entire sidewalk is within the right of way. In addition to the components of the Pedestrian Zone, a 10- foot-wide general utility easement is provided, measured from the property line after the dedication, to be available to allow for future undergrounding of utilities. As discussed with City staff prior to the submission of this application, the FPL transmission lines will not be required to be buried, however the lesser utilities such as cable and phone, will be buried within the 10' utility easement. The 10' utility easement rather than the inside edge of the active zone, creates the build to line for the proposed buildings. According to Article II, Section 4.B.3.c, the property line abutting Potter Road does not require a landscape strip, however foundation landscape and trees are required and proposed between the proposed buildings and the road right of way. The property to the east and south is Inlet Harbor Club Condominium (IHC), a multifamily residential development built in 1976 and unusually has three different zoning designations — the main parcel with the condominium building is zoned residential (R3), but the western portion of the property that fronts Federal Highway and abuts the south side of the subject property has recreational (REC) zoning and the property that abuts the east side of the subject property has a commercial (C3) designation. Based on the current zoning designations, a Type 2 Urban Landscape Buffer with a minimum width of 12' is required along the east property line and a Type 1 Urban Landscape Buffer with a minimum of 5' is required along the south property line, per Chapter 4, Article II, Section 4.B.3.c.(1) and (2). A variance is proposed for the east buffer to reduce the width of the buffer to 5' and eliminate the requirement of a 6' high masonry wall, as further addressed below and within the Justification Statement and Responses to Code Criteria section. Along the common abutting south and east property line is a substantial existing landscape buffer with areca hedges and a chain link fence. It is obvious that these buffers were planted as part of the overall IHC development and provide separation from the subject property which has historically been used for commercial use. With this application to change the subject property from commercial to residential use, the abutting properties are more compatible with the residential use of the IHC property. Art. II, Section 4, Table 4-5 requires an Urban Landscape Barrier between incompatible uses and zoning districts; or where there are differences in density, intensity or building heights; or for those certain uses requiring additional screening in order to provide a continuous solid opaque, visual screen of at least six (6) feet in height comprised of a variety of densely planted trees, hedges and shrubs, in combination with an optional buffer wall and/or berm to create the necessary screening. Footnote #4 of Table x 1 . 1 - us i Ica ion a emen Potter Townhomes Page 1 5 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 4-5 goes on to allow for decreases to the buffer requirement due to existing buffers and screening on abutting properties. As indicated, the IHC property has substantial areca hedges and a chain link fence on their property where it abuts the subject property. The Applicant's Agent has also communicated with the President of the IHC HOA to not only present the proposed project, but to discuss the treatment of the common property lines. IHC has no immediate intention to modify the existing areca hedge that provides complete screening. Accordingly, this application proposes a reduction in the east landscape buffer width from 12' to 5' wide, however the buffer will be planted to meet the requirements of the Urban Landscape Barrier with a minimum of one (1)tree spaced every twenty (2) linear feet and two (2)staggered rows of hedges which comply with the requirements of Table 4-5 and supplements the existing screening along the east and south property lines. The proposed landscape plan provides the planting details for all perimeters of the subject site. The proposed development will meet all Concurrency requirements. Preliminary Engineering Plans, prepared by Caulfield & Wheeler, and a Traffic Study, prepared by JMD Traffic Consulting, are provided with this application for review and analysis. A Traffic Performance Standards (TPS) letter from Palm Beach County has been requested along with a School Capacity Determination letter from the School District of Palm Beach County confirming there is adequate capacity to accommodate the resident population for the 8-unit development. The Applicant will address the public art requirement, during the application and permitting process. CONCLUSION Attached are detailed responses and justification to the code required technical criteria and standards of each of the following components of this application. • Future Land Use Map Amendment from Local Retail Commercial ("LRC") to High Density Residential, 15 dwelling units per acre ("HDR-15 du/ac") • Rezoning from C3 to Infill Planned Unit Development ("IPUD") • New Master Plan & New Major Site Plan • Variance for East Landscape Buffer In conclusion, the proposed development plan of an 8-unit townhome development is compatible with the surrounding residential area, it is consistent with the CRA Redevelopment Plan for the Federal corridor for the purpose and intent of the HDR-15 du/ac land use classification, and it complies with the IPUD zoning and regulations for the Future Land Use Map Amendment, Rezoning, Master & Site plan approval and Variance. Should you need any additional information, the project managers at UDS are Bradley Miller, AICP (bmiller(a_udsflorida.com) and Ailish Villalobos (avillalobos(a�udsflorida.com) who can be reached at 561-366-1100. x 1 • i - us i Ica ion a emen Potter Townhomes Page 16 Justification Statement -June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 JUSTIFICATION STATEMENT & RESPONSES TO CODE CRITERIA REVIEW CRITERIA FOR FUTURE LAND USE MAP AMENDMENTS/REZONING Chapter 2, Article II, Section 2.D.3, Section 2.B.3 of the Land Development Regulations contains the following review criteria, except for city-initiated rezonings, which shall at a minimum meet criterion (b) for "Consistency" approval of an amendment to the official zoning map processed with or without the FLUM amendment shall be reviewed based on the following applicable factors. Following each of these criteria is an explanation of how this application complies with each of the criteria. (a) Demonstration of Need. Whether the proposed amendments to the FLU and zoning maps are supported by the implementation of the City's vision for, or changes in the conditions or character of development in, the area under consideration. Response: The subject property has a current land use and zoning for commercial uses, however the CRA Recommended land use is for residential development. Accordingly, this application requests a change to the land use and zoning pursuant to the adopted CRA Recommendation Plan. (b) Consistency. Whether the proposed amendments to the FLU and zoning maps would be consistent with, and promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment plans, or any other current city-approved planning documents. Response: The CRA Recommendation Plan was adopted in 2017 by the City Commission to direct future development for this area and other areas within the City. These recommendations are carried out within the goals, objectives and policies of the Comprehensive Plan and Land Development regulations of which this proposed application is being reviewed for compliance. (c) Compatibility. The application shall consider whether the proposed future land use and zoning, or potential uses allowed in a proposed zoning district, would be compatible with the surrounding uses in terms of density, scale, and the nature of use, or when such an amendment would normally create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. Response: The City has planned for this property to be designated with the proposed HDR-15 DU/AC future land use by the CRA Redevelopment Plan and the IPUD zoning regulations have been established to provide for regulations for development to be compatible for smaller infill parcels such as the subject site. The IPUD regulations are found in Chapter 3, Article III, Section 2, G of the Land Development Regulations and are addressed below. In addition, the Inlet Harbor Club property that abuts the east and south boundaries of the subject site is developed as a 61-unit condominium building constructed on the eastern half of the 6.0-acre property, closer to the Intracoastal Waterway. The western portion of the Inlet Harbor Club property and those areas that abut the subject property x 1 . 1 - us i Ica ion a emen Potter Townhomes Page 17 Justification Statement- June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 are either tennis courts or a secondary driveway from Potter Road that is gated and appears to not be routinely used by the community. As indicated above, along the common property lines of the subject site, there is a substantial areca palm hedge that is approximately 12' high and predominately an opaque screen between the properties. East of the secondary driveway, there are single family homes along Potter Road which connects with N. Lake Drive and loops to the north to Dimick Road that also intersects with Federal Highway. The proposed residential FLUM amendment and zoning change creates a more compatible relationship with the neighborhood than the current commercial land use and zoning designations. Considering the surrounding uses, the CRA recommendation and existing vegetative screening, the proposed development is sufficiently compatible with neighborhood. (d) Orderly Growth. Whether the proposed amendments to the FLU and zoning maps would encourage piecemeal development or create undevelopable parcels. Response: The surrounding land use pattern includes residential uses to the south, east, northeast, and west across Federal Highway. The businesses to the north are older structures, however this property has the same CRA Recommended land use of HDR as the subject property. Approval of this application consistent with the land use pattern in the area as well as the recommendation of the CRA Recommendation Plan and will not encourage piecemeal development or create an undevelopable parcel. (e) Location Efficiency. Whether the proposed amendments to the FLU and zoning maps would support complementary land uses; the integration of a mix of land uses consistent with smart growth or sustainability initiatives; access to a wide range of mobility options; or interconnectivity within the project and between adjacent properties. Response: Given the small size of this property, having a mix of land uses is unreasonable to achieve. However, the development is being proposed to comply with the sustainable criteria of the City's LDR's, including 4 units with EV car charging stations in unit garages (and each garage unit wired for EV car charging capabilities). The property has direct access to Federal Highway which is Palm Tran Bus Route 329 northbound and Route 177 for southbound travel. There is an existing northbound bus stop approximately 150 feet to the north of the property and an existing southbound bus stop directly across Federal Highway from the property. As such, the Applicant is in communication with Palm Tran to identify an off-site location for a bus shelter that will better serve the City of Boynton Beach, and it will be the Applicant's responsibility to provide funding for the associated bus shelter construction costs. (f) Availability of Public Services/Infrastructure. All requests for FLUM amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI, Concurrency. Response: All public services and infrastructure required for the development are available and provided by the City of Boynton Beach. x 1 . 1 - us i Ica ion a emen Potter Townhomes Page 18 Justification Statement- June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 (g) Economic Development Impact. (1) Whether the proposed rezoning/FLUM amendments would not: A. Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and B. Represent a potential decrease in the number of uses with high probably economic development benefits. (2) Whether the proposed rezoning/FLUM amendments would: A. Create new employment opportunities; B. Contribute to the enhancement and diversification of the City's tax base; C. Response to the current or anticipated market demand or community needs; D. Alleviate economic obsolescence of the subject area. Response: The subject property has a current land use and zoning for commercial uses and is vacant. The CRA Recommended land use for the subject site is for residential development. Accordingly, this application requests a change to the land use and zoning pursuant to the adopted CRA Recommendation Plan which is consistent with surrounding land use pattern includes residential uses to the south, east, northeast, and west across Federal Highway. The proposed 8-townhome unit development will contribute the City's tax base and will offer additional housing opportunities to address current community needs and market demand. (h) Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed amendments to the FLU and zoning maps would reduce the amount of land available for heavy commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides evidence of satisfying at least two of the Direct Economic Development Benefits listed in subparagraph "g" above. Response: The 0.587-acre site is located on N. Federal Highway within the Boynton Beach CRA, Federal Highway North District. The surrounding uses include residential uses to the south, east, northeast, and west across Federal Highway. The CRA Recommended land use for the subject property is HDR. Given the small size of this property and CRA land use recommendation, it does not seem the site is suitable for commercial/industrial development. x I .1 - us i Ica ion a emen Potter Townhomes Page 19 Justification Statement- June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 REVIEW CRITERIA - INFILL PLANNED UNIT DEVELOPMENT (IPUD) Chapter 3, Article III, Section 2.G.1. of the City's Land Development Regulations states the purpose and intent of the Infill Planned Unit Development District as well as the prerequisite location standards. This property and the proposed development are the perfect example of why these regulations were established as justified by the following according to the sequential paraphrased sections of the referenced code: The purpose of the IPUD zoning district is to implement the High Density Residential (HDR) and Special High Density Residential (SHDR) future land use map (FLUM) classifications of the Comprehensive Plan. The district is intended for infill purposes, promoting new development and redevelopment in areas located east of 1-95 at densities no greater than 20 du/ac. • The Community Redevelopment Agency (CRA) has recommended that the most appropriate future land use designation for the subject site is HDR-15 DU/AC, which allows for a maximum density of 15 units per acre. • The subject site is located along Federal Highway east of 1-95 within the boundary of the CRA-Federal Highway corridor and within the Urban Commercial District Overlay (UCDO). • The 0.587-acre site has a maximum build-out of 8 units based on maximum density of 15 du/ac. The IPUD district will include design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. • The design of the proposed development was generally described above and are graphically depicted by the provided plan set. The subject property is small; however the development will offer residential units with a significant amount of living space, outdoor patios/balconies, garages and recreational use areas that exceeds the IPUD criteria. The units are positioned near the roadways with pedestrian walkways and front patio areas consistent with the goals of the CRA Redevelopment Plan. • The standards for IPUD developments are flexible to allow for creative and responsible infill developments. This is a small site and will only be developed if the regulations are more flexible than standard zoning districts. The site regulations for IPUD development found in Table 3-11 mostly indicate "flexible" relative to project area, frontage and setbacks. The proposed development plan complies with the standards for IPUD developments and other applicable sections of the LDR's. Considering the low number of units and traffic from the development, as well has when combined with driveway space behind each garage, the 20 feet is sufficient for access to all of the units as well as compliant for access by Fire/EMS vehicles and garbage vehicles. x i • i - us i Ica ion a emen Potter Townhomes Page 110 Justification Statement- June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 • Setbacks for the building area have been established in accordance with Pedestrian Zone and the 10-foot-wide utility easement requirements along Federal Highway and with sufficient landscape areas on the three other site perimeter boundaries. Buildings are located at the build to line and outside of sight/visibility triangles yet provide a pedestrian friendly frontage with patio space and individual sidewalks leading to each unit to engage activity with the street frontage. • Although the maximum building height allowed by IPUD zoning is 45-feet, the proposed structures are designed at 35-feet, as defined by City code, for consistency with surrounding uses and architectural compliance. The IPUD shall minimize adverse impacts on surrounding property. In order to be approved an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. • The City has planned for this property to be designated with the proposed HDR- 15 du/ac future land use by the CRA Redevelopment Plan and the IPUD zoning regulations have been established to provide for regulations for development to be compatible for smaller infill parcels such as the subject site. The IPUD regulations are found in Chapter 3, Article III, Section 2, G of the Land Development Regulations and are addressed below. In addition, the Inlet Harbor Club property that abuts the east and south boundaries of the subject site is developed as a 61-unit condominium building constructed on the eastern half of the 6.0-acre property, closer to the Intracoastal Waterway. The western portion of the Inlet Harbor Club property and those areas that abut the subject property are either tennis courts or a secondary driveway from Potter Road that is gated and appears to not be used by the community. As indicated above, along the common property lines of the subject site, there is a substantial areca palm hedge that is approximately 12' high and predominately an opaque screen between the properties. East of the secondary driveway, there are single family homes along Potter Road which connects with N. Lake Drive and loops to the north to Dimick Road that also intersects with Federal Highway. The proposed residential FLUM amendment and zoning change creates a more compatible relationship with the neighborhood than the current commercial land use and zoning designations. Considering the surrounding uses, the CRA recommendation and existing vegetative screening, the proposed development is sufficiently compatible with neighborhood. The IPUD district is optimum when there is an opportunity to promote sustainability with respect to land use, energy conservation, resource management and social equity. Rezoning to the IPUD district is encouraged for proposed development on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. x 1 .1 - us 1 Ica ion a emen Potter Townhomes Page 111 Justification Statement- June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 • The subject property and proposed development satisfy the requirements for sustainability as indicated on the provided Site Plan. This property also has direct access to both northbound and southbound Palm Tran bus stops, both of which are within 150 feet of the property. • The other locational standards only pertain to non-residential uses and therefore are not applicable to this application. The proposed development and design are consistent with the character of new development along the CRA Federal Highway corridor as well as the recommendations of the CRA Redevelopment Plan. The IPUD zoning provides the flexibility to implement the goals and policies of the CRA Plan and Comprehensive Plan. x 1 .1 - us 1 Ica ion a emen Potter Townhomes Page 112 Justification Statement - June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 REVIEW CRITERIA - MAJOR SITE PLAN APPLICATION The application process set forth in Chapter 2, Article II is established to allow City professional staff to review the proposed Master Plan and Site Plan for compliance with the review criteria and regulations of the proposed zoning district of Chapter 3, Article III and Site Development Standards described in Chapter 4, Article XII. The findings of the City staff review will be provided with a staff report to be presented to the City Commission for final action on this application request. x i • i - us i Ica ion a emen Potter Townhomes Page 113 Justification Statement-June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 VARIANCE APPLICATION The subject site and the parcel to the east are currently and have historically been zoned for commercial uses. The adjacent parcel, however, is approved for and historically improved as a secondary driveway associated with the residential community of Inlet Harbor Club. The adjacent parcel has not been rezoned for the residential use that it serves and therefore is considered a legal nonconformity. Both the subject site and the adjacent parcel to the east are identified on the CRA Recommendation Plan for residential uses under the HDR zoning district. The proposed rezoning of the subject site for residential use adjacent to historical and existing C3 commercial zoning creates the requirement for a 12-foot-wide Type 2 Urban Landscape Buffer with a 6-foot masonry wall, according to Table 4-4 of the City's Land Development Regulations as shown below. The actual uses of the proposed residential Potter Townhomes and the secondary driveway of the residential Inlet Harbor Club, especially with the existing hedge and the additional landscaping proposed within a 5-foot-wide buffer will provide more than sufficient screening, buffering and compatibility between the two properties. The code, however, does not provide a method for relief to this requirement, other than a variance application. Therefore, this application requests approval of a variance from Table 4- 4 Urban Landscape Buffer (Type 2) in Part III, Chapter 4, Article II, Section 4.B.c.(2) to reduce the 12-foot landscape buffer width to 5-foot and eliminate the 6-foot masonry buffer wall requirement along the eastern property line. (2) Table 4-4. Urban Landscape Buffer (Type 2). Urban Landscape Buffer(Type 2)' Required between residential projects with contrasting densities or between Description: incompatible zoning districts, to provide a continuous solid.opaque,visual screen of at least six(6)feet in height comprised of trees.hedges.and shrubs. in combination with a buffer wall. 1. Minimum buffer width of twelve(12)to fifteen(15)feet.depending on degree of incompatibility. mulched(no sod): 2. One(1)tree spaced every twenty(20)to thirty(30)linear feet on center. Requirements: depending on degree of incompatibility; 3. A continuous hedge of three(3)feet in height located on the outside of buffer wall; 4. A six(6)-foot tall masonry buffer wall:and 5. 'See(4)Notes below for additional regulations. (4) Notes. 'Minimum buffer and barrier requirements,including caliper of trees,may be increased as warranted by development characteristics such as use.density.intensity,or building height,to mitigate impacts upon abutting or adjacent properties:or to further the beautification objectives of this article.Also,buffer requirements may be decreased due to existing buffers and screening on abutting or adjacent properties,or when projects are designed for interconnectivity,unified control.or master planned.Refer to the use matrix.notes.and restrictions(Chapter 3.Article IV.Section.3.E.)for additional landscape requirements that may apply to certain specific uses. x i • i - us i Ica ion a emen Potter Townhomes Page 114 Justification Statement -June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 REVIEW CRITERIA - VARIANCE Chapter 2, Article II, Section 4.D.3 of the City's Land Development Regulations states that in order for the City Commission to grant a variance, the Applicant must demonstrate that: a. The special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures, or buildings in the same zoning district. Response: The historical commercial land use and zoning on the adjacent property to the east creates the special circumstance to implement the CRA recommendation for residential use on the subject property. As indicated in the narrative, this property and the property abutting to the east are historically designated with commercial land use and zoning, however, also recommended by the CRA Redevelopment Plan to be developed with high density residential uses. This application proposes to change the zoning from commercial to residential for the subject property, which leaves the commercial designation on the property abutting to the east. Although the abutting property is currently used for access to Inlet Harbor Club Condominiums and is unlikely to ever be used for commercial uses, there is an incompatibility, or a special circumstance, with the IPUD (residential) zoning of the subject parcel and the commercial zoning of the abutting property. When there is an incompatibility of zoning between properties, the Code requires a Type 2 Urban Landscape Buffer which is 12' wide and includes a 6' high wall and landscaping. Given the subject site is small, it is important to efficiently design the property to allow for sufficient access, circulation, and open space. Therefore, the proposed plan has been designed with a 5' wide buffer along the east property line versus the required 12' wide buffer and the only method of relief to this requirement allowed by the Code is a variance application. Even though the width is reduced, there is an existing and substantial areca palm hedge on the adjacent property plus the subject property will meet the Type 2 Urban Landscape Buffer planting requirements of 1 tree spaces every 20'-30' on center, mulched, and a continuous hedge 3' in height within the proposed 5' landscape buffer, adding to the screening between the two properties. Photos are provided below of the existing driveway and hedge with the subject site to the right side. 14 �,s �„ � '`', is .� , s�'rs: Vis. y• { ^ ` x 1 .1 - us i Ica ion a emen Potter Townhomes Page 1 15 Justification Statement- June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 .1110. ,,,4150.kr, - b. That special conditions and circumstances do not result from the actions of the Applicant for the variance. Response: The special circumstance is derived from the CRA recommendation of use from the current commercial designations to high density residential use and not the result of the Applicant. The Applicant is following the current recommendations of the City and the implementation of the CRA Redevelopment Plan for this area of Federal Highway and given the small size of the property and other design related regulations, the reduction to the width of the buffer will allow for an efficient design and maintain an adequate screen between the two properties. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same district. Response: The request of a variance similar to this would be expected for any other property with this same circumstance of incompatibility between historic commercial designation that is no longer applicable and the current proposed and recommended residential designations. d. The literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. Response: Applying the literal interpretation of this section of the code would require a 12-foot-wide buffer that would reduce the developable area of a property that is small to begin with and impact the marketability of the residential units. Considering the circumstances for the variance, the variance will relieve the undue hardship and allow for an efficient design of the desired residential development. e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. Response: The reduction to a 5' wide buffer from the 12' wide buffer is the minimum width of a buffer within the City regulations and therefore the minimum variance to allow for an efficient design of the desired residential development. x is 1 - us 1 Ica ion a emen Potter Townhomes Page 1 16 Justification Statement -June 27, 2023/Rev. Nov. 1, 2023/Rev. Jan. 12, 2024 Application Number CPTA, REZN, NMP, NWSP-2023.06.12894 f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. Response: Although the variance would reduce the width of the buffer and eliminate the requirement of a wall, given the circumstances of the driveway use of the adjacent property as well as the historic commercial zoning, the existing areca palm hedge and the addition of landscaping within the proposed development will provide an abundant buffer for harmony between the two uses and not be injurious or detrimental to the area or public welfare. LOCATION MAP - urban r POTTER ROAD $7� 0 _5Urban Design ID I I Land Planning W''' , SITE , Landscape ATCRRMcure 0.0 MO•tl ti 561.51100 L. EOI) ® BROW 62. 1)eP.1,,, COMM USE smRALaPICEI 2 RaRIN Ru 80P ADCESSEASE.eM — SITE DATA ww eon. M1 ei POTTER ROAD PROJECT DATA .mA PASPACE IO'W/BUCRAV 11LI L EWA RPAM. (MPItOVFDI PROPERTY CONTNOLNWSERMill LOT S. 25,591 SF(U.SBT.RC) swirisz,_- ,itaeL, TM EMT,.FUTURE LAND USE GENERAL COMMERCIAL PROPOSED FUTURE IMO USE MOI,DENSITY RESDENIML PnD''''"SU I i��-�Al_yacy�gyRy- w==tea EXISTING PORNO C3 COMMERCIAL MOM TRIAMLE N '/ — RSM•a1S.Y �`......... ... .Y.--• • PROPOSED MONO E'lID --` -�1`y\ .) 1 TS)e SFA.::.:1H:.. SETBACK MSTNO USE VACANT r t�- 'v::':`_.pE._::::::::'::'!..: PROPOSED USE MUTFAMLY RESOEMML IIOA'M1OME31 l a 1 R snow DEOCA i @ I RaWmAL I MA.MAUM ALLOSVED merry IS pYAt DMMIO.E 7-- : :, uD 3.7%.PP MP , PROPOSED DENSITY IS DUMC PROPOSED NUMBEROF UNITS B UMTS UE t,IARIM • I RESmvrtw- S P EEOSNOATB �� TDRNIJOME BI 1 sa1MIMIbL :. �WC Ha«a" ; BUILDING/SITE REGULATIONS-IPUDDISTRICT' y3' !� ., ~UAE BUIDMO 2 urine�T) GUIDING/SITEREGWLDOTIS REQUIRED PROPOSED LS I � ,P.tl�i t' SroPoEe .IiC �`u.E. Ulf Lw.HEIGHT gip MN.PROJECT AREA o N/A a { gi MAMNIM PROJECT AREA >SAC 15,591 SF WSW AC1 ,w IIOIME. WB in 4 i PROPERVUNE ;1; ()� PEC.MPA,�.. 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MIIIIIIMI TRMBFOA,E SI6 AO.UTILTEM ARE NN WHERE owM.uABLE I PROVIDED MEETS By TM APPROPRIATE AGENCIES .EB- TM PARK OF COMMERCE ORM n1a TWO u[� m T RAMS SIENTTED FOR SPECOFIC P me CCOE REouiREMene AT Tae OF PPM Can N P EVD SOG MTw,a DKr MCA MTox DNA DTDTMEPD�aNMDB aril PA DRMNA�DLIRBMD DE BEACILPL»W IERE1d,>e DI,ISMne; MP-1 ;uRI.Mp ROLL..O,PER::;BREaIREDFROMOTHER PERMITTING MERCIEBBDCHASFOOT.FOC.SEWN, 6.441.1 BE N�,r1TMFEE,,REQUEST IMADIMONRTEc5.MA13ER E ft All STRIPE.ANO SIONAGE SHALL DB RING DEMON MMMROEN a CONSTRUCTION START/MS I" B RA cALILEELD L EL aR:. • THE 121.0.2E SYSTEM SHALL DCORI DEaMaERMaDESIGRMOBOONa5RTOOOAOIONSTANDARDS BB AU ET.BUVEDuo: PwWON.,D.OU oft All len�)!6ABEACM.FL])nO, .OD.amM.rt)).). 11 OWNER�5 RESPDNMEE FOR OOLONG FOOTPRINT.ALL OTNERRARREA3 WPM M TIN PROJECT SPE MANTANED RV 110A )°2•" Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City's website by the time notice of the proposed ordinance is published. Proposed ordinance's title/reference: Proposed Ordinance - An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the Future Land Use Map of the City of Boynton Beach, Florida, for an approximately .587 acre parcel of real property located at 2508 North Federal Highway, Boynton Beach, Florida, by changing the Future Land Use designation from Local Retail Commercial (LRC)to High Density Residential (HDR); declaring the proposed amendment to the Future Land Use Map to be consistent with all other elements of the Comprehensive Plan of the City; providing for severability, conflicts, and providing for an effective date. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law' for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ❑ The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or VI The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 'See Section 166.041(4)(c), Florida Statutes. Page 1 of 3 In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1 . A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): Summary of the proposed ordinance The Potter Townhomes development is proposed on a vacant 0.587-acre property located within the Federal Highway District as defined by the CRA Community Redevelopment Plan (CRA Plan) and within the Urban Commercial District Overlay. The property is classified as Local Retail Commercial (LRC) land 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: N/A (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: N/A (c) An estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs. N/A 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Good faith estimate N/A Page 2 of 3 4. Additional information the governing body deems useful (if any): Additional information the governing body deems useful (if any): [You may wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: City staff solicited comments from businesses in the City of Boynton Beach as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on the City's website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses)and, therefore, the proposed ordinance does not affect only businesses). Page 3 of 3