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Agenda 09-27-11 CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, September 27,2011 TIME: 6:30 P.M. PLACE: Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 1. Pledge of Allegiance 2. Introduction of the Board 3. Agenda Approval 4. Approval of Minutes from August 23, 2011 meeting 5. Communications and Announcements: Report from Staff 6. Old Business: None 7. New Business: A.1. Habitat for Humanity at SW 6th Avenue and SW 1 st Street (LUAR 11-001) - Approve Habitat for Humanity (LUAR 11-001) reclassifying subject property from Public and Private Governmental/Institutional (PPGI) land use to Moderate Density Residential (MoOR) land use; and Approve Habitat for Humanity (LUAR 11-001) rezoning the subject property from R-1-A, Single-family Residential District to R-1, Single-family Residential District. 8. Other 9. Comments by members 10. Adjournment The Board (Committee) may only conduct public business after a quorum has been established. If no quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT the city clerk's office, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. DDcument4 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 11- 037 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras Senior Planner DATE: September 14, 2011 PROJECT NAME/NO: Habitat for Humanity at SW 6th Avenue and SW 1 st Street LUAR 11-001 REQUEST: Approve Habitat for Humanity (LUAR 11-001) reclassifying subject property from PPGI (Public and Private Governmental /Institutional) to MoDR (Moderate Density Residential). Applicant: Michael Campbell REQUEST: Approve Habitat for Humanity (LUAR 11-001) rezoning subject property from R-1-A (Single-family Residential District) to R-1 (Single-family Residential District). Applicant: Michael Campbell PROJECT DESCRIPTION Property Owner/Applicant: Habitat for Humanity of South Palm Beach Agent: Michael Campbell Location: SW 6th Avenue and SW 1st Street (abutting First Presbyterian Church); see Exhibit "Au - Location Map Existing Land Use/Zoning: Public and Private Governmental/Institutional (PPGI)/R-1-A Single-family Residential District Proposed Land Use/Zoning: Moderate Density Residential (MoDR)/R-1 Single-family Residential District Proposed Use: Single-family residential Acreage: 1.02 acres Page 2 Habitat for Humanity at SW 6th Avenue and SW 1 st Street LUAR 11-001 Adjacent Uses: North: Developed single-family homes of the Mango Heights subdivision, classified Public and Private Governmental/Institutional (PPGI) and zoned R-1-A, Single-family Residential District; Right-of-way of SW 6th Avenue, and farther south, developed single-family homes of the Mc Donald Park subdivision, classified Low Density Residential (LDR) and zoned R-1-A, Single-family Residential District; South: East: Right-of-way of SW 1 st Street, and farther east, a multi-family development Pelican Point at Boynton Beach, classified High Density Residential (HDR) and zoned R-3, Multi-family Residential District; and West: Developed property of First Presbyterian Church, classified Public and Private Governmentalllnstitutional (PPGI), and zoned Local Retail Commercial (LRC) and zoned R-1-A, Single-family Residential District. PROJECT OVERVIEW The parcel which is the subject of this request for land use amendment and rezoning totals approximately 44,514 square feet or 1.02 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs (DCA) classifies this amendment as a "small scale" amendment. Pursuant to the Community Planning Act of July 2, 2011, small scale amendments no longer have to be forwarded to the DCA following their adoption by a local government. The parcel, originally an eastern portion of the 4.57 acre property of the First Presbyterian Church, was sold to Habitat for Humanity of South Palm Beach County in July of 2010. The site is currently undeveloped. Habitat will transfer the property to its Community Land Trust (CL T) to establish a six-lot single- family subdivision, with five lots to be platted for single-family homes and one designated as a green open space. Each of the five single-family lots will become an independent land trust entity, with a 99 year land lease. The lease agreement will include all common area maintenance fees and fees dedicated to replacing specific capital systems, such as roofs. Habitat will contract with a property management company to maintain each of the five parcels as well as the green space. The property will be deed-restricted, limiting the resale price of the homes to keep them affordable. The Habitat income eligibility requirements include both a maximum and a minimum income, depending on the household size. For a household of four, the numbers are $44,040 and $24,000, respectively. As per the HUD-provided Palm Beach County 2011 Income Guidelines, a four-person household with the income of $44,040 would fall slightly above the very low income category (with an income of $38,050). Page 3 Habitat for Humanity at SW 6th Avenue and SW 1 st Street LUAR 11-001 The lot abutting the church property will continue to be maintained as a green open space in perpetuity. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2, Standard Applications, Item B. Comprehensive Plan Amendments. 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 (FLUM) or a rezoning. 1. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The subject parcel's existing land use classification of Public and Private Governmental/Institutional (PPGI) does not allow residential uses. The proposed classification of Moderate Density Residential (MoDR) land use allows for slightly higher maximum density (7.5 dwelling units per acre) than the Low Density Residential (LDR) classification of single-family neighborhoods in the areas north, west and south of the subject property, which allows a maximum of 5 units per acre. (An inconsistency between a PPGlland use classification and a R-1-A zoning designation of the ten single-family homes abutting the church and the subject property on the north side will be addressed by the City in the future as part of other "house-cleaning" amendments). Please note that the overall density for the entire property would be 4.9 units per acre, lower than the maximum density allowed in LDR classification. The reason behind the request for MoDR classification is not a desire for higher density; rather, the proposed classification is consistent with the R-1 zoning that the applicant needs for the proposed project. Habitat is requesting the R-1 zoning designation to replace the existing designation of R-1-A in order to build five single-family homes on lots ranging in size from 6,002 to 7,426 square feet. The minimum lot area for the R-1-A District, a prevailing zoning designation of the surrounding single-family neighborhoods, is 7,500 square feet. The proposed rezoning would allow one additional home on the subject property. See Criterion # 3 for further discussion. A sharp decline of home prices in the City combined with very low mortgage rates dramatically improved affordability for home buyers. However, rigid underwriting standards currently embraced by the banking industry, including high down payments and near-perfect credit scores (in addition to appraisal-related issues) make it very difficult for most households to qualify for a loan. Low-and very low income households, particularly hard hit by the recession, are unlikely beneficiaries of the improved affordability. Since Habitat holds a mortgage, its model of homeownership effectively addresses all these issues and assures long-term affordability of the units. 2. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Page 4 Habitat for Humanity at SW 6th Avenue and SW 1 sl Street LUAR 11-001 The proposed land use amendment and rezoning is consistent with Objective 6.3 and related policies of the Housing Element of the Comprehensive Plan: Objective 6.3 Through the year 2013, the City shall continue to implement a series of housing programs aimed at providing adequate housing and housing sites for very low-, low- and moderate- income persons to meet their housing needs. The provision of housing to the low-, and especially very low income households has been a challenge for the City. Households in these income ranges have always faced significant barriers to homeownership, and - as explained in p. (1) - their situation has not improved. Access to a Habitat-financed unit is likely to be the best option for them, especially since state funding for home ownership has suffered a major decline. 3. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be cgntrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. According to the classic planning theory, granting of this request may be considered a "spot zoning" and would create an "isolated" land use classification and zoning district. A spot zoning is not necessarily improper. A more relevant question is whether a proposed change, in addition to benefiting an individual owner, will serve a general welfare of the community. In this particular case, a rezoning is in accordance with the Comprehensive Plan and serves a clearly identified public purpose - provision of housing to low-and very low income households. Moreover: . The proposed land use amendment and rezoning is consistent with the established land use pattern of the surrounding neighborhoods: the proposed use is single-family residential. · The reason behind the request for R-1 zoning is the inability of the applicant to meet the R-1-A District's requirement for minimum lot area of 7,500 square feet (see also Criterion # 1). A random check of lot sizes in the surrounding neighborhoods determined that a large percentage of the lots do not meet the 7,500 lot size requirement, and therefore are non-conforming in the R-1-A district. The lot sizes of the proposed plat correspond with the "established land use pattern". . The overall density for the entire project would be 4.9 units per acre, well below the maximum of 7.5 units per acre for the R-1 District and below the 6 units per acre for the R-1-A District. Finally, the Pelican Point condominium property located to the east of the subject parcel is zoned R-3, Multifamily Residential District and therefore the proposed MoDR land use classification and R-1 zoning may be considered an appropriate land use transition to a significantly higher density. 4. Sustainabilitv. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Page 5 Habitat for Humanity at SW 6th Avenue and SW 1 sl Street LUAR 11-001 Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The term "sustainable" in its most comprehensive meaning encompasses all aspects of community life. Promoting economic and social sustainability includes actions that support diverse economic base, entrepreneurship, flexible education system responsive to market needs, and, importantly, availability of housing of all types and price levels. Habitat's housing model does promote sustainable community, specifically since it assures long-term affordability. In addition, the proposed request conforms to the criterion's emphasis on access to "alternative modes of transportation" and connectivity. The Palm Tran bus stop is located within approximately 900 feet of the Habitat property, at the corner of Seacrest Boulevard and SW yth Avenue. Connectivity criterion would also be met: an agreement between the First Presbyterian Church and the Habitat (included in the Community Land Trust), will ensure the public access to the green open space. 5. A vailabilitv of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. The proposed land use amendment and rezoning is compatible with the existing and planned capacity of utility systems, roadways, and other public facilities. Specifically: Potable Water and Sewer The City's water, sewer and wastewater treatment capacity is available to serve the project. Prior to issuance of the Certificate of Occupancy, the applicant will be required to provide an extension of the City's gravity sewer system to make sanitary service available to the proposed homes. Traffic The letter from the Palm Beach County Traffic Division, received by staff on August 29th, 2011, confirms that the proposed project is located within the designated Coastal Residential Exception area of Palm Beach County, and therefore conforms to the Traffic Performance Standards Ordinance. As part of the plat approval, the applicant will be required to show a 6 foot sidewalk easement along the south property line adjacent to the SW 6th Avenue right of way. All five proposed units will have access from SW 1 st Street. Since the SW 1 st Street segment that abuts the subject property is a private road owned by Pelican Point, an access agreement between Habitat and Pelican Point must be reached prior to the plat approval. Solid waste On January, 2011, the Palm Beach County Solid Waste Authority notified the City that the sufficient disposal capacity will be available at the existing landfill through approximately the year 2026. Page 6 Habitat for Humanity at SW 6th Avenue and SW 1 st Street LUAR 11-001 DrainaGe Drainage will be reviewed in detail as part of the platting, and must satisfy all requirements of the city and local drainage permitting authorities. 6. ComDatibilitv. The application shall consider the following factors to determine compatibility: (a) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (b) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. As already discussed in Criterion #3, the proposed land use amendment and rezoning are compatible with the current and future use of adjacent and nearby properties. They will not negatively affect the property values of adjacent and nearby properties. Please also note that, as mentioned in the "Project Overview" section, Habitat will contract with a property management company to maintain the property, and the lease agreements will include all fees ensuring that both the common grounds and the buidings remain in good condition. Importantly, a community land trust prevents foreclosures for any housing located upon its land. The proposed amendment and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as whole. 7. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. The City is almost built out. Vacant infill parcels with single-family zoning still exist, but development of larger properties, allowing for construction of several units, result in a more effective and efficient use of the Community Land Trust model. RECOMMENDATION As indicated herein, staff has reviewed the proposed land use amendment and rezoning and found it: (1) consistent with the Comprehensive Plan objectives and policies promoting affordable housing; and (2) consistent with the established land use patterns. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\Habitat for Humanity\HABITAT LUAR 11-001\Staff Report doc EXHIBIT A HABITAT FOR HUMANITY LOCATION MAP --.. -. .-- All.- ~.. 'I .-. ...".. \ . = First Presbyterian Church SITE I- m . .- --- - All._ 0 ~.. u....... ...... '"" ~~ -sn I I ri RV'l: . N w~t~E f<~~ S 012525 5<l 75 100 '"' EXHIBI HABITAT FOR HUMANITY LOCATION MAP Proposed Land Use I LD R -... - ... ....- ~.. ~ n ..... ~ ~w~. ~ = SITE ~ ~ , ... MoOR ~ ~Df -... --- - ...- .. ~.. -u . n ..... ~ - i: I I I.Oft .OJ ~n fin Ave I I I I I I I I N LEGEND ~b LDR - Low Density Residential W~~7E MoDR - Moderate Density Residential s '. HDR - High Density Residential 012.5:5 50 75 100 PI """"""Feel PPGI - Public and Private Government/Institutional TA EXHIBI HABITAT FOR HUMANITY LOCATION MAP Proposed Zoning I " ,k, , k k I I I --.- -, ... _._- I ~.. ~ n _.... ~w~' R 1-l~ Y't, \ I II irst Presbyterian Churc ~ SITE ~ Wf'\~ 14 ,', I. ill. I R-1 ~-1. A -... --. - - -- ". ___ v. n M.... ~ I I I 11-1 ',.A R .1-~ l ~.. -{ I n A v C N LEGEND w~t~E R-1-A - Single-Family Residential District (max. density 6 units/acre) ~~}{ R-1 - Single-Family Residential District (max. density 7.5 units/acre) s R-3 - Single-Family Residential District (density 11 units/acre) ..,... .. .. ... ~ TA RESIDENCY Applicant(s) must have liv~d in Boca Raton, Delra)' Beach, or Boynton Beach f91 the last 12 months. All family members must be United States citizens or legal permanent residents. I NEED . Applicants must currently ie living in inadequate housing. This can include lIving in a structure that is unsafe, unsanitary (other tlj.an sell-imposed), overcrowded, inaccessible 6r unaffordable. This could also include living in an unrafe neighborhood. INCOME Applicant's annual househ+ld income before taxes should be within these ranges: r Household M' mum Maximum Size Inqome Income 1 ~OOO 3~~ 2241,000 ......... -' 35,280 .. ....~ 3~':'::-- ...- 24l~0~::= =:: 39'66()-.:':=. 4 241,000 44,040 ..---..----s-.--- --241,000.....--- 47,580 -- --T.' . 2$50'- ... 51,120 7 - -271,300-54,660 .8 29\050 58,140 *Jncome ranges are as of JUlIe 2010 and subject to change ABILITY TO PAY I Applicant(s) must have the~1 bility to repay an interest-free mortgage. Th applicant should not have excessive debts (credit cardsJinstallmenl lo.ll1s). CREDIT I Applicant(s) should have a food credlt history. WILLINGNESS TO PARlfNER Must contribute 500 hours ~f "sweat equity" into the construction of homes and [end monthly workshops. BACKGROUND CHECK Must be able to pass our ai, inal background check. To be placed on the invitation list for the next applicant orientation, you must complete and submit this Preliminary Partner Family Application to the Habitat for Humanity office. You may fax, mail or email your application for further review. Preliminary Partner Family Application If you meet all of the eligibility requirements outlined in this brochure, please take your first step toward Habitat home ownership by completing this form. Name Current Address Pre-applications will be accepted until all available openings are filled City Zip Code Phone (Home) More than 85 local families have realized their dream of owning a home with the Habitat for Humanity of South Palm Beach County's home ownership program. Take the first step toward owning your own home and fill out an application today! Phone (Cell) Phone (Work) Email Co Applicant Name Co Applicant Phone Co Applicant Email Household Income $ Income Frequency (circle one) Weekly Every 2 weeks Twice a Month Yearly Number to live in new home ~ H. abitat '" , , for. .