AGENDA DOCUMENTS
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetine Dates in to City Clerk's Office Meetini! Dates in to City Clerk's Office
D April I, 2003 March 17,2003 (Noon.) D June 2, 2003 May 19.2003 (Noon)
D April 15, 2003 March 31. 2003 (Noon) D June 17.2003 June 2, 2003 (Noon)
ISI May 6. 2003 Apri114, 2003 (Noon) D July 1,2003 June 16,2003 (Noon)
D May 20, 2003 May 5,2003 (Noon) D July 15, 2003 June 30, 2003 (Noon)
D Administrative D Legal
NATURE OF D Announcement D New Business
AGENDA ITEM D City Manager's Report D Presentation
D Consent Agenda ISI Public Hearing
D Code Compliance/Legal Settlements D UnfInished Business
RECOMMENDATION: Please place this request on the May 6, 2003 City Commission Agenda under
Public Hearing. The Planning and Development Board with a 4 to 3 vote recommended that the subject request be denied.
For further details pertaining to the request. see attached Department of Development Memorandum
No. PZ 03-088.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
,..
Serrano @ Boynton (LUAR 03-002)
Paul Bach
Beth PescW
West of Congress, North of the L-28 Canal
Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm
Beach County) to Medium Density Residential (MeDR).
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Dev pment D artment irector City Manager's Signature
d~& . ~;};tt(L
p' . g and Zoniig irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECfs\Serrano@ BB\LUAR\Agenda Item Request Serrano@Bo)Tlton LUAR 03-0DZ Land Use 5-6-03.dot
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinll Dates in to City Clerk's Office Meetimz Dates in to City Clerk's Office
D Aprill,2003 March 17,2003 (Noon.) D June 2, 2003 May 19, 2003 (Noon)
D Aprill5,2003 March 31, 2003 (Noon) D June 17,2003 June 2, 2003 (Noon) I
[8] May 6, 2003 Aprill4, 2003 (Noon) D July l, 2003 June 16,2003 (Noon)
D May 20, 2003 May 5, 2003 (Noon) D July IS, 2003 June 30. 2003 (Noon)
D Administrative D Legal
NATURE OF D Announcement D New Business
AGENDA ITEM D City Manager's Report D Presentation
D Consent Agenda [8] Public Hearing
D Code CompliancelLegal Settlements D Unfinished Business
RECOMMENDATION: Please place this request on the May 6, 2003 City Conunission Agenda under
Public Hearing. The Planning and Development Board with a 6 to I vote, recommended that the subject request be
approved. For further details pertaining to the request, see attached Department of Development Memorandum
No. PZ 03-088.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
..-
Serrano @ Boynton (ANNEX 03-001)
Paul Bach
Beth PescW
West of Congress, North of the L-28 Canal
Request to annex a 2:9.7 4-acre parcel.
N/A
N/A
N/A
City Manager's Signature
d Zoning Director City Attorney / Finance / Human Resources
ROJECTSlScrrano@BBIANEXlAgendaItemRequestScrrano@BoyntonANNEX03-001 5-{}.()3.dot
S,\BULLETINlFORMSIAGENDA ITEM REQUEST FORM.DOC
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SERRANO @ BOYNTON
(LUAR 03-002)
LAND USE PLAN
AMENDMENT/REZONING
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DMSION
MEMORANDUM NO. PZ 03-088
Chairman and Members
Planning and Development Board and
Mayor and City Commission
Dick Hudson, AICP
Senior Planner rv11)~
Michael W. Rumpf
Director of Planning and Zoning
April 17, 2003
Serrano at Boynton Beach Annexation (ANEX 03-001) and Land
Use Amendment/Rezoning (lUAR 03-002)
To annex the subject property; reclassify from MR-5 Medium
Density Residential (Palm Beach County) to Medium Density
Residential (City), and rezone from AR-Agricultural Residential to
PUD Planned Unit Development
Property Owner:
Applicant/Agent:
Location:
Size:
Existing Land Use:
Existing Zoning:
Proposed land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses:
North:
PROJECT DESCRIPTION
Beth Peschl
Paul Bach
(Exhibit "AU)
:1:9.74 acres
MR-5 (Palm Beach County) (3-5 dwelling units per acre [du/ac])
AR-USA, Agricultural-Residential in the Urban Services Area (Palm
Beach County)
Medium Density Residential (9.68 du/ac)
PUD Planned Unit Development
92 fee-simple townhouses
To the northeast, three single family homes in Silverlake Estates
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File Number: LUAR 03-002jANEX 03-001
Serrano at Boynton Beach
designated Low Density Residential (LDR) at 4.84 dujac and
zoned PUD Planned Unit Development. Actual built density of the
PUD is 2.04 du/ac. To the northwest, unincorporated property
developed with one two story single family residence designated
MR-5 (Medium Density Residential at 5 dujac) and zoned AR-USA,
Agricultural Residential in the Urban Services Area.
South:
Immediately south are the rights-of-way of the Lake Worth
Drainage District L-28 Lateral Canal and Palmland Drive, then
developed residential (Chanteclair Villas Condominiums)
designated HDR (High Density Residential at 10.8 dujac) and
zoned R-3 Multi-family Residential (10.8 dujac). Actual built
density of the duplex unit development is 7.42 dujac. To the
west of Chateclair Villas is the Palmland Villas development with a
built density of 8.57 dujac.
East:
Developed Elementary (Crosspointe) School designated PPGI
(Public & Private Governmental/Institutional) and zoned PU Public
Use.
West:
Village of Golf lands designated single family residential and built
at a density of 1.31 dujac. The property immediately adjacent to
the subject site consists of one single family home on a 1.6 acre
parcel and a portion of a vacant parcel of 4.5 acres.
MASTER/SITE PLAN ANALYSIS
All applications for a rezoning to a PUD Planned Unit Development must be accompanied by a
masterjsite plan. In this instance, the applicant has provided a master plan. The applicant is
proposing a development of 98 fee simple town homes. A 70 foot wide entrance road to the
property will be provided from Palmland Drive across the L-28 canal, replacing the existing 10
foot wide ingressjegress easement, and a 40 foot road continues north, providing access to the
adjacent single family home to the north. This road also forms a loop approximately 120 feet
inside the property boundaries. A one-acre lake occupies the center of the property and a one-
quarter acre recreation site is at the southwest corner of the loop road. A 15 foot landscape
buffer completely surrounding the property is also proposed.
Design standards proposed with the master plan call for a maximum of six (6) attached units in
each building and a maximum height of 35 feet. Lot sizes are to be limited to the home
footprint, with yard areas held in common. Building setbacks are as follows:
Front: 20 feet to roadjdrive edge
Side (Interior): 7.5 feet
Side (Corner): 20 feet to roadjdrive edge
Rear to Buffer or water management tract: 10 feet (25 foot separation)
The maximum density allowed by the Medium Density Residential land use classification is 9.58
dujac, which would provide the developer a maximum of 92 units. Maximum height in all
residential zoning districts except R-3 Multi-family Residential is 30 feet. In addition, PUD
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File Number: LUAR 03-002jANEX 03-001
Serrano at Boynton Beach
regulations require that perimeter buffers within PUDs must mirror those in abutting
development. With the proposed 15 foot landscape buffer and the proposed rear setback of 10
feet, the buffer of the Silverlake development is mirrored. The rights-of-way of Palm/and Drive
and the L-28 Canal, along with the proposed 15 foot landscape buffer provide a setback
(separation) from the Chateclair development property line of 170 feet. Similarly, the landscape
buffer and interior road of the development provide a 75 foot distance from property within the
Village of Golf.
PROJECT ANALYSIS
This property is less than 10 acres in size, and therefore this proposed amendment to the
comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance
review" by the Florida Department of Community Affairs (DCA). This means that the proposed
amendment, if approved by the city, will be adopted, then forwarded to the DCA for their
records ("large-scale" amendments cannot be adopted until reviewed for consistency by the
DCA).
State annexation law allows the annexation of enclaves that are less than 10 acres without the
consent of property owners; however, in this instance, the annexation is at the request of the
property owner. Currently, objectives of the annexation program include annexing all enclaves
less than 10 acres in all areas of the City that meet adopted level-of-services standards, and
incrementally annexing enclave properties with the intent to reducing them below the lO-acre
threshold. Normally, when an annexation is consistent with the comprehensive plan policies
addressing annexation and will further the efforts of the city's annexation program through
reduction in the number of enclave properties, a full review of the application is not required.
In this case, however, staff has prepared a full review.
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. 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.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. 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.
Section VIII Land Use Problems and Oooortunities; found in the support documents for the
1989 City of Bovnton Beach Comorehensive Plan. Sub-section 8.d. of that document states:
"These parcels should be annexed and placed in the Low Density Residential land use
category. Development of these properties should generally be limited to single-family
detached dwellings, so as to be compatible with the one-story condominiums which lie
to the south and the single-family subdivision lying to the north. //
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File Number: LUAR 03-002jANEX 03-001
Serrano at Boynton Beach
The recommendations of the Land Use Problems and Opportunities are referenced in the
Comprehensive Plan in the following policy in the Future Land Use Element:
"Policy 1.16.3
The City shall continue to enforce the land development regulations to
enforce and implement the policies that regulate the use and intensity, and
other characteristics for the development of specific areas, as set forth in the
Land Use Problems and Opportunities section of the support documents for
this element. Those recommendations contained in the Land Use Problems
and Opportunities section shall apply, regardless of the status of the City's
development regulations, and are hereby incorporated by reference into the
Goals, Objectives, and Policies of this Plan."
In 2001, one of the parcels making up this enclave, the 18.56 acres of property fronting on
South Congress Avenue, was annexed into the City. At that time, the land use was changed
from the Palm Beach County land use designation of MR-5 (5 dujac) to Public and Private
Governmentalj Institutional (PPGI) and the zoning was changed from AGjUSA to PU Public Use.
Since that time, the Palm Beach County School District has constructed Crosspointe Elementary
School on the property. The school, which opened for the current school year, has a capacity
of 970 students. No changes were made to the Problems and Opportunities section to
acknowledge this change; however, public schools are allowed in all residential zoning districts.
In 1993, a request was submitted for annexation of the present school site with a land use
amendment from MR-5 (5 dujac) to Moderate Density Residential (7.26 dujac) and rezoning
from AR to R-l Single Family Residential to construct 136 dwelling units. A companion text
amendment was submitted to change the language of Sub-section 8.d (cited above) to exclude
the subject parcel from the section. The City Commission unanimously denied the requests.
"Objective 1.19
The City shall evaluate and allow a range of land uses for which the area,
location, and intensity of these uses provide a full range of housing
choices.Jor both existing and projected populations... ': and,
''Policy 1.19.1
The City shall continue efforts to encourage a full range of housing
choices, by allowing densities which can accommodate the approximate
number and type of dwellings for which the demand has been
projected... "
Proposed development plans for single family attached units on the subject property are
generally consistent with current development trends in the City, although the proposed density
is almost one-half that requested for those other developments.
According to The Development Atlas of Bovnton Beach. Florida, releases in May 2002, there are
only four (4) parcels of land remaining within the City that are either designated or have
potential for residential development and that contain more than 10 acres. The three other
vacant residential properties designated for residential development, like the subject site, are
less than 10 acres and would be considered infill development.
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File Number: LUAR 03-002jANEX 03-001
Serrano at Boynton Beach
Objective 1.17 Minimize nuisances, hazards, and other adverse impacts to the general
public, to property values, and to residential environments by preventing or
minimizing land use conflicts, and,
Policy 1.17.5 The City shall continue to maintain and improve the character of existing
single-family and lower-density neighborhoods, by preventing conversions
to higher densities, except when consistent with adjacent land uses... "
The master plan provided with the rezoning application, and discussed above, shows that
adequate buffering, which equals that required in the adjacent PUD, will be provided along the
north property line where three single family residences in Silverlake Estates are located. In
addition, a 75 foot separation is provided on the west from the corporate limits of the Village of
Golf. With respect to density, the requested density of 9.58 dujac is considerable higher than
the built densities of the adjacent single family neighborhoods. This circumstance is assumed to
be the main premise behind the Comprehensive Plan recommendation for LDR and single family
homes on this parcel (see items "b" and "e" below.)
Finally, the annexation of this parcel is consistent with policies within the comprehensive plan
dealing with annexation. In addition, the annexation of the subject property will further the
efforts of the annexation program through reduction in the number or size of enclave
properties. Currently, objectives of the annexation program include annexing all enclaves less
than 10 acres, and to incrementally annex enclave properties with the intent to reducing them
below the 10-acre threshold.
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 of special privilege to an individual property
owner as contrasted with the protection of the public welfare; and,
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 or nearby properties.
The land use designations and zoning districts surrounding this property, while predominately
residential, have a wide range of densities both assigned and built. Designated densities for
lands within the City of Boynton Beach near this property range from 4.84 du/ac to 10.8 dujac,
while actual built densities range 2.04 dujac to 8.57. The request for a designation of Medium
Density Residential, at a density of 9.86 dujac is arguably a transition between the low density
to the north and the high density to the south. Generally the R-2 Duplex Residential zoning
district corresponds with the Medium Density Residential land use designation. Staff, however,
sees a land use designation of Moderate Density Residential, with a density of 7.26 dujac as
being more of a transition between the existing developments. This would permit the
development of 70 single family homes (22 fewer than are possible with the requested land
use). Development regulations for the zoning districts corresponding to both land use
designations have a height limit of 30 feet, whereas in the R-3 Multi-Family Residential zoning
district, which corresponds with the High Density Residential land use, the maximum height is
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File Number: LUAR 03-002/ANEX 03-001
Serrano at Boynton Beach
45 feet. Other design measures may still be appropriate such as adding to the borders against
the single family neighborhoods depending on the final proposed design.
c. Whether changed or changing conditions make the proposed rezoning desirable.
Even though public schools are a permitted use in all residential districts, the development of
the adjacent parcel with a two-story facility with an ultimate capacity of 970 students is a
changing condition that does impact all of the adjacent properties. As stated above (Item a),
since public schools are allowed in all residential land use designations, this change was not
recognized in the Support Documents at the time of the property's annexation, even though it
does impact surrounding existing properties.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
In connection with previous annexation studies, departments most affected by annexations
(e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability
and costs. All opinions previously collected from these departments supported the incremental
annexation of enclaves. These opinions have been based on the following:
1) The enclaves are all immediately adjacent to areas within the city that currently
receive urban services;
2) Ample service capacity exists to serve unincorporated properties within the
subject enclave; and
3) Most enclaves currently receive service from the city via the mutual aid
agreement (Police and Fire/EMS only).
The Palm Beach County Traffic Engineering Department has reviewed the applicant's traffic
study and verified that capacity exists on Congress Avenue to accommodate this proposed
amendment. In addition, the City's Director of Public Works has determined that no
improvements to Palmland Drive will be necessary due to the proposed development.
With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid
Waste Authority has stated that adequate capacity exists to accommodate the county's
municipalities throughout the 10-year planning period. The School District of Palm Beach County
has reviewed the application and has determined that adequate capacity exists to accommodate
the resident population. Lastly, drainage will also be reviewed in detail as part of the review of
the conditional use application, and must satisfy all requirements of the city and local drainage
permitting authorities.
f. Whether the property is physically and economically developable under the existing
zoning.
Physically, the property is developable for residential development. At the current designated
density, however, the small size of the property, its location, adjacent uses and zoning districts,
and its physical characteristics may make it infeasible to develop for single family detached
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File Number: LUAR 03-002/ANEX 03-001
Serrano at Boynton Beach
housing, even as a zero lot line development. It would also run counter to the current
development and market trends in single family housing.
The property is currently located in unincorporated Palm Beach County and has a land use
designation of MR-5, which will allow up to 5du/ac if developed as a Planned Unit Development.
The property could also be eligible for the County's Bonus Density Program for Affordable
Housing, which could allow a density increase of up to 50%, without a plan amendment if a
percentage of the units are set aside for affordable housing. However, following the 1993
denial by the City for annexation and land use amendment on the adjacent property, the
owners of that property applied for this density bonus program in the County and were denied.
Due to it being an enclave, the City staff would continue to endorse its annexation and ultimate
development in Boynton Beach.
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.
Criteria for evaluating the benefits of the proposed development to the needs of the
neighborhood and the City include service demands, density, use, value and consistency with
Comprehensive Plan policies. As indicated above, ample capacity exists to serve the maximum
potential service needs generated by the proposed project. The proposed density is consistent
with that allowed by the requested land use designation, and while it is higher than that of the
single-family residential property to the north, it is similar to that of the adjacent developed
property to the south. However, it is staff's opinion that if built at 7.26 dulac, the project would
more reasonably relate to the needs of the neighborhood and the City.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
There are only three parcels in the City classified for residential development at densities
greater than 4.84 du/ac. One of these is the 3.7 acre vacant parcel remaining adjacent to
Palmland Villas, which has a land use designation of High Density Residential (10.8 du/ac). A
second 2 acre parcel with a designation of High Density Residential (10.8 du/ac) is a remnant in
Christian Villas. The third parcel is a 4.7 acre parcel on Golf Road that was the subject of a
court settlement in 1989. Originally limited to development as a Congregate Living Facility, the
courts have recently agreed that they will consider other types of residential development on
the site. The land use designation is High Density Residential (10.8 du/ac). Aside from these
parcels, a similar land use amendment and rezoning would be required for any project of this
type to develop in Boynton Beach.
INTERGOVERNMENTAL COORDINATION
Following the "sun-setting" of the Palm Beach Countywide Planning Council, originally
established to review interjurisdictionalland use issues, the Intergovernmental Plan Amendment
Review Committee (IPARC) was established to continue some minimum coordination among
participating local governments in the county. This organization includes a conflict resolution
program to facilitate the early discussion and resolution of land use disputes. It is anticipated
that the Village of Golf will submit a formal objection to the proposed land use amendment
through the IPARC. If the objection is filed, prior to ordinance adoption by the City
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File Number: LUAR 03-002jANEX 03-001
Serrano at Boynton Beach
Commission, IPARC would assemble a "fact-finding panel" to review the facts and generate a
position on the proposed amendment. This position would be forwarded to the city for
consideration during its review. Staff understands the principal objections to be the proposed
density and potential heights, as being incompatible with the low density development within
the Village of Golf. The existence of this adjacent land use and how the two properties relate is
described in this report.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is not consistent with the recommendation of the Problems and
Opportunities Section and therefore not consistent with the intent of the Comprehensive Plan.
In addition, a land use amendment request for single family detached residential development
at a lower density was previously denied by the City Commission for property immediately east
of the subject property based on the Comprehensive Plan recommendations and adjacent land
use characteristics compared to the proposed project.
While the amendment will not create additional impacts on infrastructure that have not been
anticipated in the Comprehensive Plan; may be compatible with adjacent land uses and will
contribute to the overall economic development of the City, staff cannot recommend that the
subject request be approved. If the request is approved, there should be a requirement that
staff initiate an amendment to the cited Sub-section 8.d of the support documents for the 1989
City of Bovnton Beach Comorehensive Plan. This additional application, if filed concurrent with
this review, would be transmitted to the state as a large scale amendment and likely be
adopted in December. In addition, any conditions of approval recommended by the Planning
and Development Board or the City Commission will be included as Exhibit "B".
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Serrano@ BB\LUAR\STAFF REPORT NEW.doc