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AGENDA DOCUMENTS PLANNING DEPT. MEMORANDUM NO. 90-201 TO: Chairman & Members Planning & Zoning Board THRU: Timothy P. Cannon ~C Interim Planning Director FROM: James J. Golden Senior City Planner DATE: June 18, 1990 SUBJECT: Requests for Future Land Use Element Amendment, Rezoning, and Comprehensive Plan Text Amendment Submitted by Kilday & Associates for Howard Sharlin as Trustee for Tradewinds Development Corporation (Boynton Beach Boulevard Rezoning) - File No. 501 Summary: Kieran J. Kilday, agent for Tradewinds Development Corporation, property owner, is requesting that a 2 acre parcel be rezoned from R-1AA (PUD) to C-2 (Neighborhood Commercial) and that the Future Land Use Plan designation for this parcel be amended from "Moderate Density Residential" to "Local Retail Commercial". In addition, the applicant has submitted an application for a Text Amendment to Area 7. a. of the Land Use Problems and Opportunities Section of the Future Land Use Element Support Documents of the Comprehensive Plan to allow Local Retail Commercial land use on the north two acres of the vacant parcel on the east side of Palm Beach Leisureville. The subject parcel occupies 75.17 feet of frontage on West Boynton Beach Boulevard and represents the remaining 2 acres of a vacant 5.87 parcel that is to be utilized in part for a City park site and may also be used for a center for abused children. The park site is to be dedicated to the City pursuant to the amended master plan for the Woolbright Place P.U.D. It should be noted, however, that the 2 acre parcel which is proposed to be rezoned to C-2 is not connected with the Woolbright Place P. U. D. or the Tradewinds Settlement. The proposed use of the 2 acre parcel, if rezoned, would be to develop it for a farmer's market and a drive-thru dairy barn. The C-2 (Neighborhood Commercial) zoning district regula tions limit the maximum square footage of these uses to IO,OOO square feet (Section 6.B.1.ii of Appendix A-Zoning). In addition, the drive-thru dairy barn requires Conditional Use approval (Section 6.B.1.pp of Appendix A-Zoning). Surrounding Land Use and Zoning (see attached location map): Abutting the subject parcel to the north is a I06 foot wide right-of-way for West Boynton Beach Boulevard. Further to the north, across West Boynton Beach Boulevard, is the Casa Blanca rental apartments, which are currently under construction. Abutting the subject parcel to the east is a single-family residence zoned C-2 (Neighborhood Commercial) wi thin the Lake Boynton Estates subdivision. Also abutting the subject parcel to the east are vacant single-family parcels within the Lake Boynton Estates subdivision, zoned R-1A (Single-Family Residential). Abutting the subject parcel to the southeast is a single-family residence in the Lake Boynton Estates Subdivision zoned R-1A. Abutting the subj ect parcel to the south is the proposed civic dedication site for the abused children's center. Abutting the subject parcel to the west are seven single-family residences within the Palm Beach Leisureville section One Subdivision, zoned R-1AA (PUD). Comprehensive Plan - Future Land Use Map & Text: The property in question is currently shown on the Future Land Use Element as "Moderate Density Residential", so an amendment to the Future Land Use Element to "Local Retail Commercial", as requested by the applicant, would be necessary. In addition, Area 7.a. of the PLANNING DEPT. MEMORANDUM NO. 90-265 TO: J. Scott Miller, City Manager ~ FROM: James J. Golden, Interim Planning Director DATE: August 15, 1990 SUBJECT: Two Acre Boynton Beach Blvd. Commercial Parcel LUEA/ Rezoning/Text Amendment- File No. 501 As indicated in the attached letter from Collene Parker of Kilday & Associates, the applicant is requesting that the above-referenced request be postponed until December, 1990. Considering that the applicant did not specify the specific date in December for the postponement, it is recommended that the public hearing be continued to the December 4, 1990, City Commission meeting at 6:00 P.M., if the City Commission so desires. //&i GOLDEN JJG:frb Ene ~ " C:PM90-265 ,.' PM 90-201 -2- June 18, 1990 Comprehensive Plan Future Land Use Element Support Documents contains the following language: 7.a. Residential Parcels in Vicinity of Old Boynton Road and Boynton Beach Boulevard, Between Congress Avenue and Interstate 95 Due to the increased traffic which will be drawn to the Boynton Beach Mall, there will be pressure to rezone the parcels in this area from residential to commercial use. Other than minor adjustments to the existing zoning district boundaries, commercial zoning should not be allowed to extend westward along Old Boynton Road and Boynton Beach Boulevard. Extending commercial zoning along these thoroughfares would cause serious traffic congestion and degrade the residential environment in the adj acent neighborhoods. In particular, commercial zoning should not be permitted on the residential lots and small parcels which lie along Old Boynton Road to the northwest of the Florida Power and Light substation, and should not be permitted on the 3.87 acre outparcel lying along the east side of Palm Beach Leisureville. One addition to the commercial zoning district is desirable, however: It is recommended that land use on the southern 300 feet of the R-2 zoned property owned by Florida Power and Light Company, at the northeast corner of Boynton Beach Boulevard and Old Boynton Road be changed to Local Retail Commercial, and the zoning changed to C-2 Neighborhood Commercial. The development of this parcel should be contingent upon its being combined with the vacated right-of-way for Old Boynton Road, and the small triangular-shaped parcel at this intersection, and the rezoning of the combined parcels to a planned commercial development. The northern 330 feet of the Florida Power and Light Company property should be changed from Medium Density Residential land use and R-2 zoning to Low Density Residential land use and R-1A zoning. This land use/zoning change would prevent duplex dwellings from being placed immediately next to a single-family neighborhood. The vacant outparcel which lies along the east side of Palm Beach Leisureville should be limited to either single-family residential use, with a maximum density comparable to the adjacent portion of Leisureville, or to a low-intensity institutional use. The applicant has submitted an application for a Comprehensive Plan Text Amendment to Area 7.a. above. The proposed amendment reads as follows: 7.a. Residential Parcels in Vicinity of Old Boynton Road and Boynton Beach Boulevard, Between Congress Avenue and Interstate 95 Due to the increased traffic which will be drawn to the Boynton Beach Mall, there will be pressure to rezone the parcels in this PM90-201 -3- June 18, 1990 area from residential to commercial use. Other than minor adjustments to the existing zoning district boundaries, commercial zoning should not be allowed to extend westward along Old Boynton Road and Boynton Beach Boulevard. Extending commercial zoning along these thoroughfares would cause serious traffic congestion and degrade the residential environment in the adj acent neighborhoods. In particular, commercial zoning should not be permitted on the residential lots and small parcels which lie along Old Boynton Road to the northwest of the Florida Power and Light substation. One addition to the commercial zoning district is desirable, however: It is recommended that land use on the southern 300 feet of the R-2 zoned northwest corner of Boynton Beach Boulevard and Old Boynton Road be changed to Local Retail Commercial, and the zoning changed to C-2 Neighborhood Commercial. The development of this parcel should be contingent upon its being combined with the vacated right-of-way for Old Boynton Road, and the small triangular-shaped parcel at this intersection, and the rezoning of the combined parcels to a planned commercial development. The northern 330 feet of the Florida Power and Light property should be changed from Medium Density Residential land use and R-2 zoning to Low Density Residential land use and R-1A zoning. This land use/zoning change would prevent duplex dwellings from being placed immediately next to either single-family residential neighborhood. The vacant outparcel which lies along the east side of Palm Beach Leisureville has the potential for access to Boynton Beach Boulevard via an existing median opening. The frontage parcel of 2 acres should be limi ted to Local Retail Commercial use consistent with the land use to the east. The balance of the property should be a low intensity civic or institutional use, or a neighborhood park. Issues/Discussion: Section 9. c. 7 of Appendix A, Zoning, of the Code of Ordinances, requires the evaluation of plan amendment/rezoning requests against criteria related to the impacts which would result from the approval of such requests. These criteria and an evaluation of the impacts which would result from the proposed development are as follows: a. Whether the proposed rezoning would be con- sistent with applicable Comprehensive Plan Policies. The Planning Department shall also recommend limitations or requirements which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the Comprehensive Plan. The proposed land use amendment/rezoning would not be consistent with Area 7.a. of the Comprehensive Plan Future Land Use Element Support Documents. However, the applicant has submitted an application for a Comprehensive Plan Text Amendment to Area 7.a. to amend the existing language to accommodate the proposed development, as outlined in a previous section of this memorandum entitled "Comprehensive Plan Future Land Use Map and Text". PM90-201 -4- June 18, 1990 The Discussion of Supply and Demand for Commercial Land in the Comprehensive Plan Future Land Use Element Support Documents (Volume No.1) indicates that there may be up to 198 acres of excess commercial land at build-out. However, this figure may be reduced to a surplus of only 30 acres when certain adj ustments are taken into consideration. Thus, it was concluded that the supply of commercial land in the Boynton Beach market area will match the demand. In addition, this section of the Plan also states the following: "The Future Land Use Plan which is proposed for the City and areas to be annexed by the City will accommodate all of anticipated demand for commer- cial land through build-out. Therefore, the City should not change the land use to commercial categories, beyond that which is shown on the proposed Future Land Use Plan, except for minor boundary adjustments, small infill parcels, or commercial uses of a highly specialized nature, which have special locational or site require- ments, and therefore cannot be easily accommo- dated on already designated commercial area". (page 40) Policy 1.19.6 of the Comprehensive Plan states: "Subsequent to Plan adoption, do not allow commercial acreage which is greater than the demand which has been proj ected, unless it can be demonstrated that a particular property is unsuitable for other uses, or a geographic need exists which cannot be fulfilled by existing commercially-zoned property, or no other suitable property for a commercial use exists for which a need can be demonstrated, and the commercial use would comply with all other applicable Comprehensive Plan policies". Policy 1.17.1 of the Comprehensive Plan states: "Discourage additional commercial and industrial uses beyond those which are currently shown on the Future Land Use Map, except where access is greatest and impacts on residential land uses are least". Although the Future Land Use Plan which is proposed for the City will accommodate all of the anticipated demand for commercial land through build-out, Policy 1.19.6 of the Comprehensive Plan allows additional commercial acreage which is greater than the demand projected, if it can be demonstrated that a particular property is unsuitable for other uses. Since the subject 2 acre parcel represents the remainder of a larger 5.87 acre parcel which is to be developed for a public park and possibly an abused children's center, it is arguable that the subject parcel is no longer suitable for the development of single-family homes, due to the small parcel size and the proximity to Boynton Beach Boulevard. Although the subject parcel meets the "where access is greatest" criteria of Policy 1.17.1, it does not, however, meet the criteria of Policy 1.17.1 which states where "impacts on residential land uses are least". There will be a further discussion concerning consistency with applicable Comprehensive Plan policies in subsequent sections of this memorandum. At the end of this memorandum, in the section entitled "Conclusions/Recommendations", the Planning Department shall recommend limitations and requirements which should be imposed on subsequent development of the property, if this request is approved, in order to comply with policies contained in the Comprehensive Plan. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant PM90-201 -5- June 18, 1990 of special privilege to an individual property owner as contrasted with protection of the public welfare. The proposed rezoning would represent a 75 foot wide by a 465 foot deep westerly expansion of the existing C-2 (Neighborhood Commercial) frontage on the south side of West Boynton Beach Boulevard, west of Interstate 95. Although the proposed rezoning would not be consistent with the adopted policy for Area 7.a. of the Comprehensive Plan Future Land Use Element Support Documents, the dedication of 3.87 acres of the 5.87 acre parcel for a public park and an abused children's center suggests that some other use of this parcel is warranted, as long as the impacts on adjacent residential land uses can be minimized. However, the proposed use of the site for a farmer's market and a drive-thru dairy barn would constitute a grant of special privilege to an individual property owner, as contrasted with the protection of the public welfare. c. Whether changed or changing conditions make the proposed rezoning desirable. As outlined under item "b" of this memorandum, the dedication of 3.87 acres of the 5.87 acre parcel suggests that some other use of this parcel is warranted. However, the intensity of the uses proposed, a farmer's market and a drive-thru dairy barn, would not be compatible with surrounding residential land uses. d. Whether the proposed rezoning would be compatible with utility systems, roadways, and other public facilities. Although there are existing municipal water and sewer mains along Boynton Beach Boulevard in the vicinity of the subject parcel, construction drawings for connecting to the existing system would not be required until the time of site plan approval. Concerning roadways, the proposed rezoning must meet the requirements of the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance before development can proceed, as the rezoning generates in excess of 500 trips per day. The Traffic Impact Analysis submitted by the developer's traffic consultant, K. S. Rogers, Inc., was submitted to the City on June 18, 1990 and forwarded to Palm Beach County on June 19, 1990. Palm Beach County has 20 days to review the Traffic Impact Analysis and submit their comments to the City. The County's comments should arrive prior to the City Commission hearing which is scheduled for July 17, 1990. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent and nearby properties. The proposed rezoning would be incompatible with and would have a negative impact on property values in the adjacent Palm Beach Leisureville and Lake Boynton Estates subdivisions. Typical characteristics of retail buildings that would be incompatible wi th nearby residential uses include noise from trucks, noise from loading and unloading activities, noise due to unloading of dumpsters and removal of compactors, odors from dumpsters (which can be detected up to 200 feet away), trash and litter accumulation and the unpleasant aesthetics that are typical for the rear of such buildings. Policy 1.17.1 of the Comprehensive Plan provides the basis for the above comments (see discussion under item "a" concerning Policy 1.17.1). f. Whether the property is physically and economically developable under the exist- ing zoning. PM90-201 -6- June 18, 1990 Under the existing R-1AA (PUD) zoning, the property could be developed for a maximum of 14 single-family residences. However, dedication of road right-of-way, platting of lots, and provision of an adequate buffer along Boynton Beach Boulevard would likely reduce this yield by as much as fifty percent. The applicant has not submitted documentation which indicates that the property is economically undevelopable under the existing zoning, but this conclusion appears likely, owing to the small parcel size and the proximity to Boynton Beach Boulevard. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. Due to the intensity of the commercial uses proposed, and the impacts to surrounding residential land uses, the rezoning is not of a scale which is reasona'bly related to the needs of the neighborhood and the City as a whole. Furthermore, approval of additional retail development in this area of the City may limit and compete with redevelopment in the Central Business District, along U.s. 1, and along Boynton Beach Boulevard east of Interstate 95. h. Whether there are adequate sites elsewhere in the City for the proposed use, in districts where such use is already allowed. As outlined in the discussion of supply and demand for commercial land in the Future Land Use Element Support Documents of the Comprehensive Plan, "the Future Land Use Plan which is proposed for the City and areas to be annexed by the City will accommodate all of the anticipated demand for commercial land through build-out". This paragraph of the Plan further states that "the Ci ty should not change the land use to commercial ca tegor ies , beyond that which is shown on the proposed Future Land Use Plan, except for minor boundary adjustments, small infill parcels, or commercial uses of a highly specialized nature, which have special locational or site requirements, and therefore cannot be easily accommodated on already designated commercial areas". This discussion is formalized in Policy 1.19.6 of the Comprehensive Plan (see discussion under item "a" concerning Policy 1.19.6). A further detailed analysis of the supply and demand of commercial land is contained within the Future Land Use Element Support Documents (Volume No.1) of the Comprehensive Plan. Conclusions/Recommendations: Approval of the proposed rezoning for a farmer's market and a drive-thru dairy barn would not be compatible with adjacent single-family residential land uses. In addition, the Comprehensive Plan projects a surplus of commercial land and any additional commercial land proposed in this area of the City may compete with and limit redevelopment in the Central Business District, along U.s. 1, and on Boynton Beach Boulevard east of Interstate 95. Although the proposed use of the site for a farmer's market and a drive-thru dairy barn would not be compatible with adjacent single-family residential land uses, the development of the remaining 3.87 acres for a public park and possibly an abused children's center suggests that development of this site for single-family homes may not be suitable, due to the small parcel size, buffer requirements, and economic considerations, and that development of the site for some other purpose, such as offices or lower intensity institutional uses, may be warranted. Policy 1.19.6 of the Comprehensive Plan allows for property to be rezoned commercial to accommodate minor boundary adjustments and infill parcels. Policy 1.17.1 of the Comprehensive Plan discourages commercial rezonings, except where access is greatest and impacts on residential land uses are least. The underlying issue in this rezoning petition is the impact on the adjacent single-family land uses. PM90-201 -7- June 18, 1990 wi th respect to the above, the Planning Department recommends that the requests for Future Land Use Element Amendment, Rezoning, and Comprehensive Plan Text Amendment submitted by Kilday & Associates for Howard Sharlin as Trustee for Tradewinds Development Corporation should be denied. However, as an appropriate alternative, it is recommended that "Office Commercial" land use and C-1 (Office/Professional) zoning be approved, subject to the following conditions and limitations: 1. That the uses be limited to professional/medical offices or low intensity public or institutional uses. 2. That the Planning Department prepare an amendment to Lapd Use Conflict Area 7. a to limit the uses on the site to those listed under item no. 1 above. 3. Any comments or recommendations from the Palm Beach County Traffic Engineering Division concerning compliance with the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance. 4. Dedication of right-of-way for Boynton Beach Boulevard sixty (60) feet from centerline, consistent with the Palm Beach County Thoroughfare Right-of-Way Protection Map and Policy 2.6.3 of the City's Comprehensive Plan. PROJECT APPROVAL (BASED ON APPLICANT'S REQUEST) If it is the desire of the Planning and Zoning Board to recommend approval or the City Commission to approve these requests, it is recommended that approval be contingent upon the following: 1. That the request to amend Land Use Conflict Area 7.a. of the Comprehensive Plan Future Land Use Element Support Documents be modified as outlined below: 7.a. Residential Parcels in Vicinity of Old Boynton Road and Boynton Beach Boulevard, Between Congress Avenue and Inter- state 95 Due to the increased traffic which will be drawn to the Boynton Beach Mall, there will be pressure to rezone the parcels in this area from residential to commercial use. Other than minor adjustments to the existing zoning district boundaries, commercial zoning should not be allowed to extend westward along Old Boynton Road and Boynton Beach Boulevard. Extending commercial zoning along these thoroughfares would cause serious traffic congestion and degrade the residential environment in the adjacent neighborhoods. In particular, commercial zoning should not be permitted on the residential lots and small parcels which lie along Old Boynton Road to the northwest of the Florida Power and Light substation. Two additions to the commercial zoning district are desirable, however: 1) It is recommended that the land use on the southern 300 feet of the R-2 zoned property owned by Florida Power and Light Company, at the northeast corner of Boynton Beach Boulevard and Old Boynton Road, be changed to Local Retail Commercial, and the zoning changed to C- 2 Neighborhood Commercial. The development of this parcel should be contingent upon its being combined with the vacated right-of-way for Old Boynton Road, and the small PM 90-201 -8- June 18, 1990 triangular-shaped parcel at this intersection, and the rezoning of the combined parcels to a planned commercial development. The northern 330 feet of the Florida Power & Light Company property should be changed from Medium Density Residential land use and R-2 zoning to Low Density Residential land use and R-1A zoning. This land use/zoning change would prevent duplex dwellings from being placed immediately next to a single-family neighborhood; and 2) It is recommended that the land use on the northern 465 feet (2 acre parcel) of the vacant 5.87 acre outparcel which lies along the east side of Palm Beach Leisureville should be changed to "Local Retail Commercial" and the zoning changed to C-2 Neighborhood Commercial, due to the balance of the 5.87 acre outparcel being utilized for a City park and public uses, and to serve as a westward extension of the existing Neighborhood Commercial frontage on Boynton Beach Boulevard which lies to the east. However, due to the close proximity of the 2 acre commercial parcel to existing single-family residences in Palm Beach Leisureville and Lake Boynton Estates, the following restrictions should be placed on the development of the sites: a. Building heights should be limited to one story; b. Pole-mounted lighting should be provided instead of building-mounted lighting and lighting fixtures should be properly shielded and directed so as to minimize glare on nearby residences: c. Screening and noise mitigation should be provided for all mechanical equipment; d. A six foot high concrete block buffer wall should be provided along the eastern and western property boundaries adjacent to single-family parcels in Palm Beach Leisureville and Lake Boynton Estates and trees should be planted along the buffer wall 20 feet on center wi th canopies above the 6 foot high buffer wall. 2. Any comments or recommendations from the Palm Beach County Traffic Engineering Division concerning compliance with the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance. 3. Dedication of right-of-way for Boynton Beach Boulevard sixty (60) feet from centerline, consistent with the Palm Beach County Thoroughfare Right-of-Way Protection Map and Policy 2.6.3 of the City's Comprehensive Plan. PM 90-201 -9- June 18, 1990 NOTE: Pursuant to Section 163.3174(4)(a), Florida Statutes, the Planning and Zoning Board, as the Local Planning Agency, is required to make a recommendation to the City Commis- sion with respect to these proposed amendments to the Comprehensive Plan, and is required pursuant to Section 163.3194(2) to make a recommendation to the City Commission with respect to the consistency of the proposed zoning of this property with the Comprehensive Plan. I ~} kJ /-~ J ES jJ. GOLDEN JJG:frb A:PM90-201