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AGENDA DOCUMENTS cr" ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned MeetiolI Dates in to City Clerk's Office MeetinlZ Dates in to City Clerk's Office 0 August 3, 2004 (Noon.) July 19,2004 [8J October 4, 2004 (Noon) September 20. 2004 0 August 17, 2004 (,Noon) August 2, 2004 0 October 19,2004 (Noon) October 4, 2004 0 September 7, 2004 (Noon) August 16, 2004 0 November 3, 2004 (Noon) October 18, 2004 0 September 21, 2004 (Noon) September 7, 2004 0 November 16, 2004 (Noon) November 1, 2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM [8J Public Hearing [8J Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the October 4, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved, subject to staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-231. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Mango (LUAR 04-011) Maggie Barszewski, Boynton Mango LLC Boynton Mango LLC Northwest comer of Boynton Beach Boulevard and NW 7"' Court Request to amend the Future Land Use designation from Low Density Residential (LDR) to Local Retail Commercial (LRC); and Rezone from R-l-A Single-Family Residential to C-2 Neighborhood Commercial. PROGRAM IMPACT: FISCAL IMPACT: ALTERNAT N/A N/A N/A De opme Dep Director City Manager's Signature P~~ an~ector CIty Attorney / FInance I Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Mango\Agenda Item Request Boynton Mango LUAR 04-011 Public Hearing. 1st reading 1O-4-04.doc S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of aGenda reGuest (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Commission Meeting Dates Au ust 3 2004 Au ust 17 2004 Se tember 7 2004 Se tember 21 2004 October 4 2004 October 19 2004 November 3 2004 November 16 2004 Deadline for Submittal to City P & D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e. . Exhibit "A' ~ Department Head's initials: Boynton Mango (LUAR 04-011) Land Use Amendment & Rezoning/Public Hearing/First Reading Please do not write in the shaded area below. Legal Department signature 0 City Manager's signature o ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature.(s) missing 0 Incomplete suomittal 0 Missed deadline 0 Other 0 Reason: PersonCOn!:clcted to picR up rejectedreql.lest by bg - 7/19/02 S:\P1annlng\Planning Templates\Agenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc On (Date) t r" CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must he Turned Requested City Commission Date Final Form Must be Turned Meetin!! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office 0 August 3, 2004 (Noon,) July 19,2004 0 October 4, 2004 (Noon) September 20, 2004 0 August 17. 2004 (Noon) August 2, 2004 ~ October 19, 2004 (Noon) October 4, 2004 0 September 7, 2004 (Noon) August 16,2004 0 November 3, 2004 (Noon) October 18, 2004 0 September 21, 2004 (Noon) September 7,2004 0 November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the October 19, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under Public Hearing and Legal, Ordinance _ First Reading on October 4, 2004, subject to staff comments. For further details pertaining to the request, see attached Department of Development Memorandwn No. PZ 04-231. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Mango (LUAR 04-011) Maggie Barszewski, Boynton Mango LLC Boynton Mango LLC Northwest comer of Boynton Beach Boulevard and NW 7th Court Request to amend the Future Land Use designation from Low Density Residential (LDR) to Local Retail Commercial (LRC). PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: City Manager's Signature Develop LnC)-L ~ PI . g and Zo* Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Boynton Mango\A.genda Item Request Boynton Mango LUAR 04-011 2nd reading Amend IOMI9-Q4.doc S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of aaenda reauest (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Commission Meeting Dates Au ust 3 2004 Au ust 17 2004 Se tember 7 2004 Se tember 21 2004 October 4 2004 October 19 2004 November 3 2004 November 16 2004 Deadline for Submittal to City p & D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e, . Exhibit "A' Department Head's initi;;:f\ ~ Boynton Mango (LUAR 04-011) Land Use Amendment/Rezoning/2nd Reading _ Amend Please do not write in the shaded area below. Legal Department signature 0 ITEM RETURNED FOR THE FOLLOWING REASON(S): ;~~~~~~:}s~~i~, .~ Mlssea deadline 0 Other. o Rea'Sbh: City Manager's signature ~ o ", ,~ Person contacted to pick up rejectedtequest by bg - 7/19/02 S:\Pfannlng\Pfanning Templates\AQenda Item Cover Sheet Checklist Aug 3 - Nov 16, 2004.doc on (Date) t If 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 MeetinlI Dates in to City Clerk's Office 0 August 3, 2004 (Noon,) July 19,2004 0 October 4, 2004 (Noon) September 20, 2004 0 August 17. 2004 (Noon) August 2, 2004 ~ October 19, 2004 (Noon) October 4, 2004 0 September 7. 2004 (Noon) August 16,2004 0 November 3, 2004 (Noon) October 18,2004 0 September 21, 2004 (Noon) September 7, 2004 0 November 16,2004 (Noon) November 1, 2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the October 19, 2004 City Connnission Agenda under Legal, Ordinance - Second Reading. The City Connnission approved this request under Public Hearing and Legal, Ordinance _ First Reading on October 4, 2004, subject to staff comments. For further details pertaining to the request, see attached Deparbnent of Development Memorandum No. PZ 04-231. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Mango (LUAR 04-011) Maggie Barszewski, Boynton Mango LLC Boynton Mango LLC Northwest comer of Boynton Beach Boulevard and NW 7th Court Request to rezone from R-I-A Single-Family Residential to C-2 Neighborhood Connnercial. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Developme ep City Manager's Signature ~ ~;;;'ctor City Attorney / Finance / Human Resources S:\Planning\SHARED\ WP\PROJECTS\Boynton Mango\Agenda Item Request Boynton Mango LUAR 04-011 2nd reading Rezone IO-19-04.doc S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet m..IIi1; accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form, Submit original agenda request (with back up) and one CODY of aQenda reQuest (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Deadline for Submittal to City P & D/CRA Requests Deadline Commission Meeting Clerk's Office Dates Au ust 3 2004 Au ust 17 2004 Se tember 7 2004 Se tember 21 2004 October 4 2004 October 19 2004 November 3 2004 November 16 2004 Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e. . Exhibit "A' ~ ~ Department Head's initials: Boynton Mango (LUAR 04-011) Land Use Amendment/Rezoning/2nd Reading - Rezone Please do not write in the shaded area below. Legal Department signature 0 City Manager's signature o ITEM REl1JRNED FOR THE FOLLOWING REASON(S): Signatur~s) missing 0 ~~~:~~:d~J~~m1ttal ~ other (] 'Reason: PerSon colitactedto.plck uptejetl:ed reqUest by bg - 7/19/02 S:\P1anning\Planning Tempiates\Agenda Item Cover Sheet Checl<list Aug 3 - Nov 16, 2004.doc on (Date) 7.A.l BOYNTON MANGO (LUAR 04-011) LAND USE PLAN AMENDMENT/REZONING TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING 8< ZONING DIVISION MEMORANDUM NO. PZ 04-231 Chair and Members Planning and Development Board Mayorand~~n Dick Huds~CP Senior Planner -{I...~ Michael W. Rumpf' Director of Planning and Zoning September 20, 2004 Boynton Mango/LUAR 04-011 To amend the Future Land Use designation from Low Density Residential (LDR) to Local Retail Commercial (LRC) and rezone from R-1-A Single-Family Residential to C-2 Neighborhood Commercial Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPTION Boynton Mango, LLC Boynton Mango, LLC/Maggie Barszewski Northwest corner of Boynton Beach Boulevard and NW 7th Court (Exhibit "A") 3,700 sq. ft. (0.08 acres) Low Density Residential (LDR) R-1-A Single-Family Residential (with use as C-2 zoning pursuant to Chapter 2. Zoning, Section 3.A.5.g. dealing with division of a lot of record) Local Retail Commercial (LRC) C-2 Neighborhood Commercial Commercial Development on a total parcel of 0.29 acres (maximum potential of 6,316 square feet, based on a FAR of 0.5) Page 2 File Number: LUAR 04-011 Boynton Mango Adjacent Uses: North: Developed single-family residential designated Low Density Residential (LDR) and zoned R-l-A Single Family Residential South: Vacant commercial property under the same ownership as the subject parcel designated Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial, then right-of-way of Boynton Beach Boulevard, and developed commercial uses (strip commercial center) designated Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial Right-of-way of NW 7th Court then, to the southeast, developed commercial (attorney's office) designated Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial, and to the northeast, developed residential (single-family residence) designated Low Density Residential (LDR) and zoned R-l-A Single Family Residential East: West: Developed commercial (dental office), the southern portion designated Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial, the northern portion designated Office Commercial (OC) and zoned C-l Office/Professional EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requested action represents a minor boundary adjustment that will maintain general compatibility of the proposed land use with surrounding land uses, with the application of appropriate site improvements as described below; 2. It will resolve an inconsistency between the future land use map and the zoning map; 3. It will not increase the buildable square footage of commercial space for the property; 4. It may provide an opportunity for better site planning of the property; and, 5. Assuming that site improvements to prevent any possible impacts of commercial development on the abutting single-family neighborhood to the north and east of the subject property; are included as conditions of approval of the rezoning, such as: . The buffer wall required between commercial and residential zoning districts shall be enhanced and setback an additional three (3) feet from the property line (for an overall setback of five (5) feet from the property line), with appropriate landscaping on both sides and shall extend south along the east property line a minimum Page 3 File Number: LUAR 04-011 Boynton Mango distance to buffer the adjacent residence without interfering with planned driveways and clear site triangles; and . Any structure placed on the property shall be located as close to Boynton Beach Boulevard as code permits to lessen the intrusion into the existing single-family neighborhood. BACKGROUND The original plat for the subject property shows that lot 12 was platted with a 139.89-foot depth along Nicholas Road (NW 7th Court) and approximately 74 feet of frontage along Lake Avenue (Boynton Beach Boulevard). Lot 1, east of lot 12, across Nicholas Road, was platted to a similar depth and width. Lot 11 and the remainder of the residential lots were platted with frontages on Nicholas Road of 95 feet and depths of 73 to 74 feet. Subsequently, the north 45 feet of lot 11 was combined with 30 feet of lot 10 and sold for residential development, leaving the south 50 feet of lot 11 vacant (and not meeting the 60 foot minimum frontage or the 7,500 square foot lot area requirements for residential development under the R-1-A zoning). The owner of lot 12 purchased this remnant of lot 11. In 1987, a request by the owner of the two parcels for land use amendment for the subject property to Local Retail Commercial and rezoning to C-2 Neighborhood Commercial was denied in a 6-1 vote (endorsing the recommendation of the Planning Department) (P & D Minutes, 5/12/87). The City Commission voted 5-0 to deny the request (CC Minutes, 5/19/87). In 1992, the Planning and Development Board voted unanimously to allow the 50-foot portion of lot 11 "zoned for residential use. . . (to ) be used for commercial use"(without a change to the map), adding conditions that the north 30 feet of the subject property (abutting the residential development) be used for drainage and landscaping and that any building developed on the property be constructed in a residential character. (P & D Minutes, 6/9/92). The City Commission also unanimously voted to approve this request with the stated conditions (CC Minutes, 6/16/92). In arriving at this solution, staff cited a section of the zoning code that applies when a zoning district line splits a lot of record (Sec. 3.A.5.g.-see EXHIBIT B). PROJECT ANALYSIS The parcel, which is the subject of this land use amendment, total 0.08 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. 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 Page 4 File Number: LUAR 04-011 Boynton Mango 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 prope~ in order to comply with policies contained in the comprehensive plan. The directions regarding hurricane evacuation zone do not apply to requests for commercial designation or to properties located outside the hurricane evacuation zone; however, other applicable policies in the Comprehensive Plan, and specifically the Land Use Element, include the following: Policy 1.17.1 The City shall continue to 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. Policy 1.17.3 The City shall continue to utilize and enforce requirements for buffer walls between residential and commercial or industrial districts as set forth in the zoning regulations. Policy 1.19.6 . . . The City shall not allow commercial unless a particular property is unsuitable for other uses, or a geographic need exists which cannot be fulfilled by existing commercially-zoned prope~ and the commercial use would comply with all other applicable comprehensive plan policies. With respect to Policy 1.17.1, even though the southern portion of the property fronts on Boynton Beach Boulevard, it is doubtful that curb cuts will be allowed by the Florida Department of Transportation (FDOT), therefore access will be limited to NW 7th Court, a local street. Additionally, there will be impacts on both the residential property to the north and to the east, across NW 7th Court. The impacts to the single-family development can be lessened through the application of appropriate site improvements. With respect to Policy 1.17.3, the zoning code requires buffer walls set back 2 feet from the property line on the commercial lot. Since the R-1-A zoning regulations require a minimum side yard setback of 7.5 feet, the wall could be as close as 9.5 feet from the residential structure. While a great number of the uses permitted under C-2 zoning are of relatively low intensity, the district also allows convenience stores and restaurants, and with conditional approval, drive- through, drive-up and drive-in restaurants. In the case of the latter uses, the required buffering may not be sufficient to ameliorate the negative effects of these more intense uses; therefore, the required buffer wall should be set back an additional distance from the property line. Consistency with Policy 1.19.6 is evidenced by the fact that the subject parcel has only 50 feet of frontage on NW 71li Court and a depth of approximately 74 feet. This provides a lot area of 3,700 sq. ft. The minimum frontage required for development of a single-family residence in the R-1-A zoning district is 60 feet and minimum parcel size is 7,500 sq, ft.; therefore, the lot is not usable for residential development. Additionally, the approval of this request will serve to Page 5 File Number: LUAR 04-011 Boynton Mango clear up an inconsistency that has existed between the future land use map and the zoning map since 1992. 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. The proposed rezoning can be viewed in two ways. In considering the properties fronting on NW ih Court, the requested amendment and rezoning will extend the commercial designation and zoning 50 feet farther into the residential neighborhood on the west side of the street than on the east side. It does not, however, extend the commercial zoning to the depth that the Office Commercial use extends to the west of the subject property. It should also be recognized that the 1992 action by the City Commission extended the commercial use of the property to the same depth now being requested; however, it did limit the buildable footprint of any structure by restricting the use of the 30 feet adjacent to the residential development to drainage and landscaping. c. Whether changed or changing conditions make the proposed rezoning desirable. There are no changing conditions that make the proposed rezoning desirable; however, the opportunity to resolve the existing inconsistency between the future land use map and zoning map, does make it desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The approval of the land use amendment and rezoning will not add any development potential to property that does not exist today, therefore, there will be no additional impacts to the utility systems, roadways or other public facilities that have not been anticipated. 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. Adjacent uses fronting on Boynton Beach Boulevard include a medical office to the west and an attorney's office to the east across NW 7th Court. Flanking each of these uses are fast food restaurants with drive-through windows. The extension of the commercial development into the residential neighborhood could likely have a negative effect on the abutting single-family residences. f. Whether the property is physically and economically developable under the existing zoning. The property is physically and economically developable under the existing zoning. For site planning purposes, it will be advantageous to the property owner to be relieved of the prohibition of using the north 30 feet for any purpose other than landscaping and drainage, Page 6 File Number: LUAR 04-011 Boynton Mango thus allowing a greater use of the property. In providing this relief, the City should consider requiring some protection for the abutting residential properties in the form of additional buffering and landscaping. 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. Given the fact that the parcel is very small, and already has been given C-2 Neighborhood Commercial use, addressing this criterion is immaterial. The amelioration of impacts of commercial development of this property on adjacent residential development will depend on the ultimate use of the property and can be controlled through careful site design. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are other sites in the city where Local Retail Commercial can be developed; however, the subject property alone does not meet the requirements for development, either for commercial or residential use. The two alternatives would be either to develop it with a commercial designation or add it to the existing residential lot to the north. CONCLUSIONS/RECOMMENDATIONS As indicated herein, potential impacts to the abutting single-family neighborhood should be mitigated by appropriate site improvements, recognizing that the subject property is not currently buildable as residential under today's code. Approval of the requests will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan. Therefore, staff recommends that the subject request be approved and request consideration of the following conditions to improve compatibility with adjacent development: 1. The buffer wall required between commercial and residential zoning districts shall be enhanced and setback an additional three (3) feet from the property line (for an overall setback of five (5) feet from the property line), with appropriate landscaping on both sides and shall extend south along the east property line a minimum distance to buffer the adjacent residence without interfering with planned driveways and clear site triangles; and 2. Any structure placed on the property shall be located as close to Boynton Beach Boulevard as code permits to lessen the intrusion into the existing single-family neighborhood. If these or other conditions of approval are recommended by the Community Redevelopment Area Board or required by the City Commission, they will be included as Exhibit "C". ATTACHMENTS S:\Plannlng\SHARED\WP\PROJECTS\Boynton Mango\STAFF REPORT NEW.doc LOCATION MAP Boynton Mango (LUAR 04-011) , , , , , , , ,,' , , , , , , , ',,,- , , , , , , , , , , , , , , , v , , , , , , , , , Local Retait" Commercial ", "- " , , , Low Den ty Residen I Ell Office :ommercia '/,.7' Local Rehil Commerc ial / Boynton Beach Blvd Local Retail Commercial o 37.5 75 - - .....VI Density Re iidential z ~ :.... ... :r n o c: ;:l. Lc cal Retail C mmercial " " z ~ :.... ... :r / ~ ; CD ... 150 225 - z ~ :.... ... :r 0...- Loc~1 Retail Commercial 300 Feet N A Chapter 2 ZONING Sec. 3. Regulations and map A. OFFICIAL ZONING MAP 5. Rules for interpretation of district boundaries. EXHIBIT B g. Division of a lot of record. If a division of a lot of record makes impractical the reasonable use of land, the extension of either portion may be permitted as an exception beyond a district line to a determined extent or into the remaining portion of a lot upon approval by the planning and development board and the City Commission.