REVIEW COMMENTS
Kilday & Associates
Landscape Architects/ Planners
1551 Forum Place, Suite 100A
West Palm Beach, Florida 33401
(561) 689-5522 . Fax (561) 689-2592
www.kildayinc.com
JUSTIFICATION STATEMENT
ZONING CODE VARIANCE FOR AL T A CHA
November 2, 2000
Kilday & Associates is the agent for Wood Partners, the contract purchaser of ~.1
acre Aha Chase property located on the west side of SW 8th St., north of Woolbright
Road. The site is currently under City review for a land use amendment, rezoning,
master plan modification, and site plan approval. This application is for a variance from
the City's Land Development Regulations (LDR) for off-street parking regulations in
Planned Unit Development Districts. Section 2.5, Section 9.C states: "Off-street parking
requirements shall in no event be less than two (2) spaces per dwelling unit." Based on
the factors outlined below, this application seeks relief from this requirement to allow
parking at a rate of 1.9 per dwelling unit on the Aha Chase property.
Proposed for the development are 216 apartments located in nine buildings. At two
spaces per unit, the current PUD parking regulations require 432 parking spaces on the
property. The proposed site plan includes parking for 409 parking spaces, or 1.9 per unit.
This will result in a reduction of 23 spaces from the plan.
The primary factor in determining the number of parking spaces that should be provided
on an apartment should be the unit types proposed in the development. The current off-
street parking requirements for a PUD do not take this factor into account. The Code
requires the same number of parking spaces for three bedroom apartments as it does for
efficiencies, This places an undue burden upon developments with an apartment mix
that does have not as many multiple bedroom units. This proposal includes 72 one-
bedroom units, 108 two-bedroom units, and 36 three-bedroom units. Obviously, the
parking needs for the 72 one-bedroom units are less than those of the three bedroom
units, yet the PUD regulations do not recognize this difference.
In addition to the number of bedroom units proposed per unit, another important factor in
determining the number of parking spaces that should be provided on site that the Code
fails to consider is the demographic composition of the renters. The developer of the
property, Wood Partners, has built over 50,000 units throughout the southeast. Based on
their experience and research they have a clear understanding of the typical Alta Chase
customer. They anticipate that many of the two-bedroom units will be rented by couples
who will use the second bedrooms as a home office or guest room. Few of the one-
bedroom units are expected to need a second parking space. Wood Partners has chosen
this location at the anticipated price range with the floor plans proposed for this
development to serve their target demographic. Please see the letter attached with this
application from the developer that further discusses the market.
JUSTIFICATION STATEMENT
Page 1
An additional factor that must be considered when determining the amount of parking
spaces required for an apartment community is the layout of the buildings and the parking
lot. On many properties, the parking is so dispersed throughout the site that many of the
spaces are not utilized. The Alta Chase site plan has been efficiently designed. The
parking and the buildings are closely grouped together. The effect of this layout is that
there most of the parking spaces on the property can be used by renters in several
different buildings. The majority of the spaces are located at an equal distance between
several buildings. Considering that none of the spaces on the property will be 'reserved',
the residents will share the spaces as they are necessary. This helps to ensure that the
spaces are fully utilized.
The City's Land Development Regulations identify the intent and purpose of the PUD
District: "to promote efficient and economical land use, improved amenities, appropriate
and hannonious variety in physical development, creative design, improved living
environment, orderly and economical development in the city, and the protection of
adjacent and existing and future city development" (Ch 2.5 Sec. 1). Applying a blanket
parking ratio of two spaces per unit to any dwelling units in the PUD regardless of the
unit type or their size fails to meet intent of the Code. The current language has a
deleterious effect on the 'adjacent and existing City development' because it requires
overparking the site which results in an increase in the impervious surface area. A degree
of flexibility in the PUD regulations helps to allow for greater 'creative design' in site
planning. The current Code limits this flexibility by applying a single parking ratio to all
dwelling units, regardless of size or type.
The granting of this variance will permit the applicant to provide a greater amount of
pervious area on the property. It will also prevent the site from being overparked with
spaces that are neither desired nor necessary for this property. Permitting the site to be
parked at the proposed rate 1.9 will benefit the City as whole both aesthetically (no 'sea
of asphalt'), and functionally (less impervious surface). The denial of this variance
application will result in including 23 unnecessary parking spaces to the site plan. Due to -
the site configurations, and because it is not anticipated that these 'extra' spaces are
necessary for the project, these spaces would likely be located on the perimeters of the
site.
Item #5 of the variance application requires a response to letters A-F below:
A. That 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;
Alta Chase is a multifamily apartment property that includes a variety of unit types.
There are over twice as many one-bedroom units as there are three-bedroom units. The
parking needs for the occupant of a one-bedroom unit are different from those of the
three-bedroom units.
The property is constrained by elements that limit the amount of land available for
JUSTIFICATION STATEMENT
Page 2
development. An FP&L easement and transmission lines encumber a portion of the
western property between 60' and 90' deep. To the north of the property are established
single family homes. The petitioner is attempting keep the apartment buildings at least
100' from this property line in order to mitigate any potential negative impacts. In
addition, the Alta Chase site plan provides an extensive pedestrian walkway system, an
outdoor putting green, and a large pool and deck area. These constraints on the property
combined with the desired amenities create a limitation on the amount of land available
for parking.
The ingenious layout of the buildings and parking spaces on the site plan allow the
parking on the property to be shared by renters in different buildings. Therefore a greater
number of spaces on the property are available to the majority of renters. For these
reasons, combined with the parking limitations in the PUD district, the proposed
development is a unique circumstance.
B. That the special conditions and circumstances do not result from the actions
of the applicant;
The special circumstances justifying this variance proposal are not the result of the
applicant. Wood Partners is proposing to reduce the amount of impervious surface on the
property, remove unnecessary parking spaces from the site plan and increase the amount
of greenspace on the site. Less asphalt and more pervious areas per site are City-wide
desires, not just those of the applicant. The current PUD requirements prohibit this
without a variance. The limitations of those requirements are not the result of the
applicant.
C. That granting of the variance requested will not confer on the applicant any
special privilege that is denied by this Ordinance to other lands, buildings or
structures in the same zoning district;
The granting of this variance will not confer any special privilege to the applicant. If an
apartment development with a similar unit mix and site layout is proposed, they shall
have the same opportunity for a variance as the developer. The only 'privileges' being
conferred to the applicant (less asphalt, more pervious greenspace) will benefit adjacent
properties as well as the City as a whole.
D. That literal interpretation of the provisions of this chapter 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;
The literal interpretation of the proVISIOns of the PUD parking requirements would
deprive the applicant rights enjoyed by other similar properties and would work an undue
hardship on the applicant as well. Other properties with a unit mix and site layout that
requires them to have parking at the rate of 2 spaces per unit or greater are at a distinct
advantage in that the Code provision permits parking in excess of the requirement, but
JUSTIFICATION STATEMENT
Page 3
not below. The requirement is for "no less than two (2) spaces per dwelling unit.
Properties with a large number of three-bedroom units, that target other demographic
markets, or that have their buildings and parking areas separated have the advantage of
increasing the amount of parking on-site without having to submit for a variance.
Denial of the variance would place the unnecessary hardship on the applicant to remove
areas currently shown on the site plan as pervious and pave them for parking areas. This
is not necessary or desirable for anyone involved.
E. That the variance granted is the minimum variance that will make possible
the reasonable use of the land, building or structure;
The variance requested is the minimum possible. The number of parking spaces
requested is based on the types of units and the site layout. Wood Partners determined
this number based their research and experience in developing over 50,000 apartment
units. They would in fact, prefer to have the number of spaces on the site decreased even
further, but the amount requested is the least possible.
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 otherwise detrimental to the public welfare.
The granting of this variance will be in harmony with the general intent of the
Comprehensive Plan and Land Development Regulations and will not be injurious to the
areas involved or detrimental to the public welfare. As stated above, the Land
Development Regulations state that the PUD District is intended to provide, "creative
design" and "protection of adjacent and existing future development". This variance
request is consistent with both of these purposes.
Providing more parking areas on the site will be damaging to the developer, the adjacent
neighbors, and the City. Additional asphalt on properties leads to additional stormwater
runoff thereby straining the City's drainage systems. It also reduces the amount of area
dedicated for greenspace and for on-site water detention.
JUSTIFICATION STATEMENT
Page 4
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