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21-028 1 ORDINANCE NO. 21-028 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE 5 ELEMENT OF THE COMPREHENSIVE PLAN FOR PROPERTY COMMONLY 6 KNOWN AS CLM APARTMENTS AND DESCRIBED HEREIN, CHANGING 7 THE LAND USE DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL 8 (MEDR) TO HIGH DENSITY RESIDENTIAL (HDR); PROVIDING FOR 9 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 12 a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land Use 13 Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 14 Comprehensive Planning Act; and 15 WHEREAS, the procedure for amendment of a Future Land Use Element of a 16 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 17 WHEREAS, after two (2) public hearings the City Commission acting in its dual 18 capacity as Local Planning Agency and City Commission finds that the amendment 19 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 20 in the best interest of the inhabitants of said City to amend the Future Land Use Element 21 (designation) of the Comprehensive Plan as hereinafter provided. 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT: 24 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 25 herein by this reference. 26 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 27 Future Land Use of the following described land: 28 PARCEL 'A' 29 LOTS 8, 9, 10, 11, 12 AND 13, SUNNY OAKS ADDITION, ACCORDING TO THE MAP 30 OR PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE PUBLIC 31 RECORDS OF PALM BEACH COUNTY, FLORIDA. 32 33 CONTAINING 34,154 SQ FEET, 0.78 ACRES, MORE OR LESS. 34 35 PARCEL 'B' S:\CA\Ordinances\Planning\Land Use\CLM Apartments LUA-Ordinance.Docx • 36 TOGETHER WITH THE NORTH 1/2 OF LOT 14, SUNNY OAKS ADDITION, 37 ACCORDING TO THE PLAT OR MAP THEREOF AS RECORDED IN PLAT BOOK 22, 38 PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 39 40 LESS AND EXCEPT THE FOLLOWING PORTION OF THE NORTH 1/2 OF LOT 14 41 HEREIN DESCRIBES AS FOLLOWS: 42 43 BEGINNING AT THE NORTHWEST CORNER OF THE AFORESAID LOT 14, THENCE 44 SOUTHERLY ALONG THE EAST UNE OF LOT 14, A DISTANCE OF 57.21 FEET, TO 45 SOUTHEAST CORNER OF LOT 14; THENCE, FORMING AN ANGLE FROM NORTH 46 TO WEST OF 89°22'15" ALONG THE SOUTH LINE OF LOT 14 FOR A DISTANCE OF 47 24.43 FEET TO A POINT ON THE SOUTH LINE OF LOT 14, SAID POINT BEING THE 48 NORTHEAST CORNER OF LOT 31 CREST VIEW, AS RECORDED IN PLAT BOOK 23 , 4 9 PAGE 154,OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;THENCE, 50 FORMING AN ANGLE FROM THE WEST TO NORTH EAST OF 112°35'27" FOR A 51 DISTANCE OF 61.95 FEET TO THE POINT OF BEGINING. 52 53 CONTAINING 6300 SQ FEET, 0.14 ACRES, MORE OR LESS. 54 55 PARCEL 'C' 56 LOT 31, CREST VIEW, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE 57 OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, 58 FLORIDA, RECORDED IN PLAT BOOK 23, PAGE 154. 59 60 CONTAINING 7984 SQ FEET, 0.18 ACRES, MORE OR LESS. 61 62 is amended from Medium Density Residential (MEDR) to High Density Residential (MXL). 63 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 64 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 65 Land Development Regulation Act. No party shall be vested of any right by virtue of the 66 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 67 including appeals, are exhausted. In the event that the effective date is established by state law 68 or special act, the provisions of state act shall control. 69 FIRST READING this 16th day of November, 2021. 70 S:\CA\Ordinances\Planning\Land Use\CLM Apartments LUA-Ordinance.Docx 71 SECOND, FINAL READING and PASSAGE this 7th day of December, 2021. 72 CITY OF BOYNTON BEACH, FLORIDA 73 YES NO 74 75 Mayor— Steven B. Grant 76 77 Vice Mayor—Woodrow L. Hay ✓ 78 79 Commissioner—Justin Katz ✓ 80 81 Commissioner—Christina L. Romelus ✓ 82 83 Commissioner—Ty Penserga ✓ 84 85 VOTE 7 �� 86 87 ATTEST: 88 89 90 ft-, Crystal Gib •n, MMC 1%2 City Clerk 93 94 95 96 (Corporate Seal) r- C ' S:\CA\Ordinances\Planning\Land Use\CLM Apartments LUA-Ordinance.Docx �3 � $,, �..� � h r - `"�� ' - _ _ % Oji Tom" 7� � 1 � � Y ��• •Isla z 4 J. — �� C .���� � _.�� ;'iw+� i+i�cC . .q' � • low ON - i '` _ �. yy'�;`,�' "� :», - `�' �,: k' � � � gip, � � •� �_ � t �, �, ._ ►.� AZ,� M [ NO • ._._ :y.► • - _ f�C�C� RaB�Qood � � y . ' 4rx' •a»'!!J-�`_ ` .i�"�,7'_�'''� � - . r � ;�«. �'� y 'a%�*�tl '_{ "a i�.; •.1F � , DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 21-013 STAFF REPORT TO: Chair and Members Proposed Land Use: Planning and Development Board THRU: Michael Rumpf Proposed Zoning: Planning and Zoning Administrator FROM: Andrew Meyer, Senior Planner DATE: October 19, 2021 PROJECT: CLM Apartments LUAR 21-001 REQUEST: Approve CLM Apartments request for Future Land Use Map amendment from Medium Density Residential (MEDR) to High Density Residential (HDR), and Rezoning from Multi -Family 11 du/ac (R3) to Infill Planned -Unit Development (IPUD), property located at 2107 SE 3rd St. Applicant: Lawrence Mastropieri, CLM Capital LLC. PROJECT DESCRIPTION Property Owner: CLM Capital LLC through 2107 SE 3rd St LLC Applicant: Lawrence Mastropieri, CLM Capital LLC Agent: Christi Tuttle and Bradley Miller, Urban Design Studio Address: 2107 SE 3rd Street Location: Northwest of where SE 20th Court and SE 3rd Street meet and east of the FEC Railroad. Existing Land Use: Medium Density Residential (MEDR) Proposed Land Use: High Density Residential (HDR) Existing Zoning: Multi -Family Residential (R3) Proposed Zoning: Infill Planned -Unit Development (IPUD) Proposed Use: Multi -Family Residential Acreage: 0.86 acres Page 2 CLM Apartments LUAR 21-001 Adjacent Uses: North: Vacant residential parcel with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3); further north developed parcel with an existing place of worship and with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). South: SE 21st Avenue right-of-way (to be vacated); further south developed single-family property with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). East: Developed single-family properties with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). West: Florida East Coast (FEC) Railroad right-of-way, followed by developed multi -family properties with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Duplex (R2) and Planned Unit Development (PUD). BACKGROUND The existing site is developed, and contains two (2), four -unit multi -family buildings and associated parking lots which were constructed in 2000 according to Palm Beach County Property Appraiser records. In 2019, the site was sold to 2107 SE 3rd ST LLC, the current property owner of the site. The site currently has a Future Land Use designation of MEDR and a Zoning designation of R3, which permits up to 11 dwelling units per acre, or a total 8 units at the subject site. The site is located within the Federal Highway District of the CRA's Community Redevelopment Plan (CRA Plan), which recommends a Future Land Use designation of HDR and corresponding zoning designation of IPUD at the site, and allows for a density of up to 15 dwelling units per acre. The owner has submitted an application to change the Future Land Use to HDR and amend the Zoning of the the property to IPUD in alignment with the CRA Plan, which, with a proposed abandonment of SE 21 It Ave, would permit a total of 12 units at the site. As per Chapter 2, Article II, Section 2 of the City's Land Development Regulations, a site plan (MSPM 21-002) and abandonment of SE 21s' Ave (ABAN 21-004) has been applied for concurrently with this request. The applicant proposes the construction of an additional two- story, four -unit multi -family residential building to be located north of the two existing multi -family residential buildings that currently exist at the site, resulting in a total of 12 dwelling units. PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan, and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 2 Page 3 CLIVI Apartments LUAR 21-001 163.3187, Florida Statutes. The final adoption by the City Commission is tentatively planned for December 2021. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and Zoning Map amendments are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3. 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 Zoning Map amendment. a. 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 City has expressed desire to increase the supply of attainable housing within it's limits. The proposed Future Land Use and Zoning Map amendments, in conjunction with the aforementioned abandonment, would permit the constructon of a total of four (4) dwelling units, or three (3) more than what would be permitted under the current configuration and designations. b. 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. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.7.1 The City shall follow the recommendations of the adopted Community Redevelopment Plan to the maximum extent feasible when reviewing development applications pertaining to property within the Community Redevelopment area. Policy 1. 8.2 The City shall discourage urban sprawl by ... continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible Policy 1.9.1 New development and redevelopment shall be consistent with the policies of the Future Land Use Element and conform to the Future Land Use Map or, if applicable, comply with the Future Land Use recommendations of the CRA Community Redevelopment Plan and any future redevelopment plans. 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. Page 4 CLIVI Apartments LUAR 21-001 Furthermore, the site is located within the Federal Highway District of the CRA Plan, which recommends a Future Land Use designation of HDR and corresponding Zoning of IPUD at the site, and allows for a density of up to 15 dwelling units per acre. As such, the proposed FLUM amendment and Zoning Map amendment is consistent with the CRA Plan. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary 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. The proposed four -unit multi -family residential building would be of the same scale of the existing multi -family residential buildings on the site. In addition, the existing land use pattern surrounding the site consists of an assortment of single-family, two-family, and multi -family residential buildings, as well as parking lot facilities for a place of worship. Furthermore, as stated in criterion "b", the site is located within the Federal Highway District of the CRA Plan, which recommends a Future Land Use designation of HDR and corresponding Zoning of IPUD at the site, and allows for a density of up to 15 dwelling units per acre. The CRA Plan was developed to guide more desirable and sustainable growth for the community. As such, the proposed Future Land Use Map amendment and Zoning Map amendment would not create a conflict with the established land use pattern and would result in more desirable and sustainable growth for the community. d. Sustainability. 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 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 proposed FLU and Zoning designations support increasing density in close proximity to complementary land uses and alternative modes of transportation, resulting in a neighborhood - wide horizontal mix of uses. The site is approximately one-quarter of a mile from both Federal Highway and Seacrest Boulevard, which both contain neighborhood -scale commercial uses. Furthermore, two Palm Tran bus routes, Route 1 and Route 70 are accessible within walking distance from the subject site. e. Availability 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. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Both potable water and sewer mains are available adjacent to the site. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage has be reviewed in detail as part of the site plan, land development, and Page 5 CLIVI Apartments LUAR 21-001 building permit review processes. Traffic. The applicant has provided a letter from the Palm Beach County Traffic Division indicating that the proposal meets the Traffic Performance Standards (TPS) of Palm Beach County. Schools. The School Capacity Availability Determination application has been submitted to the School District of Palm Beach County. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) 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 (2) 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. See the responses to criteria "a", "b" and "c". The property will be difficult to develop under the current R3 Zoning, as it would only allow for one additional dwelling unit next to existing multi- family residential development. As stated earlier in this report, the site is located within the Federal Highway District of the City's Community Redevelopment Plan (CRA Plan), which recommends a Future Land Use designation of HDR and corresponding Zoning of IPUD at the site, and allows for a density of up to 15 dwelling units per acre. The proposed amendments would bring the site up to a density which is consistent with the vision of the area and the City as a whole, and bring the Future Land Use and Zoning Map designations into further consistency with existing redevelopment plans. g. Direct Economic Development Benefits. For rezoning / FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program; (2) Contribute to the enhancement and diversification of the City's tax base; (3) Respond to the current market demand or community needs or provide services or retail choices not locally available; (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage; (5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects; and (7) Alleviate blight/economic obsolescence of the subject area. The proposed amendment would encourage development of the site and thus contribute to the enhancement of the City tax base, as a demand for multi -family dwellings appears to continue unabated. Page 6 CLM Apartments LUAR 21-001 h. Commercial and Industrial Land Supp/y. 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 substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed FLUM amendment and Zoning Map amendment would not reduce the amount of land available for commercial/industrial development as the current zoning designation does not permit commercial uses. The increase of dwelling units would result in a greater building area and valuation than the potential of the existing Future Land Use and Zoning designations. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are no comparable sites. The subject site is looking for additional development options, rather than alternate site location). See criterion "a." j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The proposed site plan complies with the requirements of the IPUD zoning district. RECOMMENDATION Staff has reviewed the proposed Future Land Use and Zoning Map amendments against the review criteria provided in Chapter 2, Article II, Section 2, Subsections B.3.c D.3 and has found the proposal to meet the aforementioned criteria. Therefore staff recommends that the request be approved. :0 xhi LM A SE i' it B: Exist ►R 21-001 LO 320 Feet CITY OF--+ BOYNTON B E A C H Existing Zoning - R2 Duplex. 10 du/ac R3 Multi Family, 11 du/ac - PUD Planned Unit Development - C1 Office Professional - C2 Neighborhood Commercial - C3 Community Commercial - PU Public Usage ' • 11tt13t1t3 i I i' LOLD EOLDED! , 4. OpMD I" - 'A 1 f�0 40 80 160 290 -320 J Feet SE 20th Ave, Ex • Exist. Future Land Use rAM . R 21-001 — CITY O F --j BOYNTON B E A " k Future Land Use — MEDIUM DENSITY RESIDENTIAL (MEDR). 11 D.U./Acre — OFFICE COMMERCIAL (OC) LOCAL RETAIL COMMERCIAL (LRC) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) hib op. Future Land Use - CITY OF-�^� p BOYNTON AcQ I�� �f 1-001 B E A C H 21 st Ave 1 - 1 Future Land Use - MEDIUM DENSITY RESIDENTIAL (MEDR) 11 D U./Acre - OFFICE COMMERCIAL (OC) t ° LOCAL RETAIL COMMERCIAL (LRC) PUBLIC & PRIVATE GOVERNMENTAL /INSTITUTIONAL (PPGI)