REVIEW COMMENTS
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING 8r. ZONING DIVISION
MEMORANDUM NO. PZ 03-303
Chairman and Members
Plannin~gnd Development Board and City Commission
Dick Hu , AICP
Senior PI nner \iV
Michael W. Rump~
Director of Planning and Zoning
December 2, 2003
Anderson PUD (LUAR 03-006)
To amend the future land use designation from Agriculture (A) to
Low Density Residential (LOR) and rezone from Agriculture (AG)
to Planned Unit Development (PUD)
Property Owner:
Applicant/Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses:
North:
PROJECT DESCRIPTION
H. Loy Anderson
D. R. Horton Homes/Julian Bryan & Associates, Inc.
West side of Lawrence Road approximately 1,500 feet south of
Hypoluxo Road (Exhibit "A")
:1:18.32 acres
Agriculture (A)
Agriculture (AG)
Low Density Residential (LOR) at 4.84 dwelling units per acre
( du/ac)
Planned Unit Development (PUD)
88 single family detached homes
Property located in unincorporated Palm Beach County designated
MR5 Residential (5 du/ac) and zoned PUD (Palmyra), currently
being developed by the applicant.
Page 2
File Number: LUAR 03-006
Anderson PUD
South:
Developed property (Manor Forest) in unincorporated Palm Beach
County designated MR-5 (5 dufac) and zoned RS single family
residential.
East:
Right-of-way of Lawrence Road, then developed property (Nautica
Sound) within the City of Boynton Beach designated Low Density
Residential (LDR-5 dufac) and zoned PUD-Planned Unit
Development.
West:
Developed property (Homes at Lawrence) in unincorporated Palm
Beach County designated MR-5 (5 dufac) and zoned RS single
family residential.
PROJECT ANALYSIS
The parcel, which is the subject of this land use amendment, is 18.32 acres in size; therefore,
the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163
F.S. Following local board review and City Commission public hearing, a "large-scale"
amendment is transmitted to the Florida Department of Community Affairs for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2004 calendar year.
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be
scheduled for adoption in May of 2004.
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. In this instance, however, the requested land use is consistent with an
annexation agreement between the City of Boynton Beach and the property owner, H. Loy
Anderson and referenced in the annexation ordinance (0094-32) dated October 18, 1994 and
quoted as follows:
'~ . . a certain City zoning designation and Land Use category is being adoted, provided
howeve~ the City has determined that it is in the best interest of the public, that upon
receipt of written notice from the property owne~ the City will immediately proceed to
process a land use plan amendment for low density residential and a rezoning to R1MS
all as contemplated in Section 171.062(2) Florida Statutes. "(Exhibit "B")
Page 3
File Number: LUAR 03-006
Anderson PUD
Prior to annexation in the City, the land use designation for this property was MR-5. The Palm
Beach County land use category has a maximum density of 5 dujac for land developed as a
Planned Unit Development (PUD) and 4 dujac for regular subdivision development and the
zoning was AR-SE Agricultural residential with a special exception for citrus. It would be
assumed that the future demands on city services were considered at the time the annexation
agreement was approved by the City.
The Palm Beach County Traffic Division has reviewed the traffic study for the plan amendment
and "has determined that the proposed change in land use meets the traffic-related criteria
established in the Palm Beach County Land Development Code." Staff has not received notice
of School Concurrency from the Palm Beach County School District.
The applicant is requesting a rezoning to PUD Planned Unit Development with a density of 4.80
dujac, rather than the R-l-AAB Single-Family Residential stated in the annexation agreement.
The maximum density allowed by the R-l-AAB zoning is 4.84 dujac; however, the setback
requirements for this district do not consider a zero lot line residential development pattern,
which would be possible with PUD zoning. Zero lot line development on this site is consistent
with the development pattern found in the Nautica Sound PUD to the east and the Palmyra PUD
to the north. For this reason, staff considers the request for PUD zoning to be reasonable.
Because of the time required for the large-scale amendment process, compared to the time
required for site plan approval, the applicant has submitted only a "bubble diagram" (Exhibit
"C") as a master plan. This master plan is sufficient only as a show of intended development
and for transmittal of the application to DCA. Simultaneous to approval of the requested land
use amendment and rezoning to PUD, the applicant will be required obtain site plan approval,
as required by the Land Development Regulations, and which will also be reviewed for
fulfillment of the master plan requirements of the PUD.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with an agreement between the City and the
property owner as stated in Ordinance 094-32 by which the property was annexed into the City.
In addition, approval of the request will not create additional impacts on infrastructure that
have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land
uses and will contribute to the overall economic development of the City. Therefore, staff
recommends that the subject request be approved. If the Planning and Development Board or
the City Commission recommends conditions, they will be attached as Exhibit "D".
ATTACHMENTS
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