REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 02-162
REVISED
TO:
Chairman and Members
Community Redevelopment Agency Board
'f1t<-lv
Michael W. Rumpf
Director of Planning and Zoning
FROM:
DATE:
October 3, 2002
Project/Applicant:
PROJECT DESCRIPTION
The Harbors/Centex Homes
Agent:
Jennifer Morton of Land Design South
Owner:
SCHGAl, Inc.
Location:
2300 N. Federal Highway (Cafe La Notte)
FileNo:
Land Use Amendment/Rezoning (LUAR 02-005)
Property Description: Developed property consisting of +3.21 acres, classified Local Retail
Commercial (LRC) and zoned C-3 Community Commercial
Proposed change/nse: To reclassify the subject property from Local Retail Commercial (LRC)
to Special High Density Residential (SHD-20 dulac), and rezone from C-
3 Community Commercial to Infill Planned Unit Development (IPUD) in
order to redevelop with 51 fee-simple townhouses.
Adjacent Land Uses and Zoning:
North: To the northeast, developed (Las Palmas) single family homes classified Low Density
Residential (LDR - 4.84 dulac) and zoned R-l-AA Single Family Residential and to
the northwest, developed commercial land (gas station) classified Local Retail
Commercial (LRC) and zoned C-3 Community Commercial.
Sonth: Vacant land, currently being developed as the City's Intracoastal Park, designated
Recreational (R) and zoned REC Recreation.
East: Intracoastal Waterway
West: Rights-of-way of Federal Highway and the Florida East Coast Railroad, then
developed commercial property classified Local Retail Commercial (LRC) and zoned
C-2 Neighborhood Commercial.
Page 2
File Number: LUAR 02-005
The Harbors
PROJECT ANALYSIS
Chapter 163, Florida Statutes requires that in order for an amendment to the Future Land Use
Map to qualify as a "small-scale" amendment, the property must be less than 10 acres in size. If
the amendment involves a residential land use, the density must be 10 dwelling units or less per
acre. An exception to the density limitation is permitted if the property is in an area designated in
the comprehensive plan for urban infill, urban redevelopment or downtown revitalization.
Even though the requested density for the site is greater than 10 dulac, the parcel is less than 10
acres in size, is located within the expanded Community Redevelopment Area, and would be
considered an urban redevelopment project. The subject property contains :t3.21 acres, and
therefore qualifies 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 eight criteria used to review Comprehensive Plan amendments and rezonings are listed in
Article 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 land use amendment/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.
The property in question does lie east of Federal Highway, and therefore is in the hurricane
evacuation zone for a Category I (Saffir/Simpson Scale) hurricane. Under its present land use
designation and zoning category, the property could be redeveloped for residential use at a
density of 10.8 dwelling unitslacre for a total of 34 units. The applicant has amended the original
request to an increase of 17 units and therefore falls below the density requiring risk management
review; however, staff would recommend that the developer apprise each homebuyer in the
development of the fact that they are buying property in a hurricane evacuation zone and provide
a mechanism to disseminate continuing information to residents concerning hurricane evacuation
and shelters through a homeowners' or residents' association.
Policy 1.19.1 of the Land Use Element provides a definition of the Special High Density
Residential land use classification, limits the use of the designation to the Coastal Area of the city
and states that the maximum gross density is twenty (20) dwelling units per acre.
Policy 1.13.3 states,
"The City shall continue to encourage infill development and redevelopment by
implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the
policies contained in the Coastal Management Element. "
The adoption of the Infill Planned Unit Development (IPUD) regulations was a direct response to
the cited policy directions as well as policy directions in the Federal Highway Corridor
Community Redevelopment Plan. The introduction to the regulations states:
Page 3
File Number: LUAR 02-005
The Harbors
"It is a basic public expectation that landowners requesting the use of the IPUD
district will develop design standards that exceed the standards of the basic
development standards in terms of site design, building architecture and
construction materials, amenities and landscape design. The extent of variance
or exception to basic design standards, including but not limited to requirements
for parking spaces, parking lot and circulation design, and setbacks, will be
dependent on how well the above stated planning expectations are expressed in
the proposed development plan. "
While both the land use amendment and rezoning are consistent with policies contained in the
Future Land Use Element of the Comprehensive Plan, the master/site plan for the proposed
development, which must be adopted simultaneously with the zoning designation, lacks minimum
design attributes necessary for consistency with the cited requirements of the IPUD regulations.
These are cited below:
1. Failure to consider the locational advantages of the site. While the site has
constraints because of its narrow width and extreme depth, it has Intracoastal
Waterway frontage and overlooks the site ofthe City's new Intracoastal Park.
In the revised site plan (Exhibit B), the units facing the Intracoastal Waterway
form a wall that almost totally cuts off visual access of both the waterway and
the recreation site for any residents of the other units. The six-units fronting
on Las Palmas have front entrances facing unadorned six-foot high walls. The
second floor balconies provided on these units have views of the gas station
and carwash across Las Palmas. The removal of one of the four-unit buildings
has allowed the "paseos" or front entrance areas of the remaining 10 four-unit
buildings to be increased from 25 feet to 32 and 33 feet. Unfortunately, this
increase in width is not sufficient to allow the use of shade trees to vary the
landscape materials; however, the use of more mature planting materials could
create a better environment. The rear windows of these units now look out
across 29 feet of driveway to the rear windows of adjacent buildings.
2. Architecture. The applicant has justified the number of units on the site as
being necessary because of the price of the property, yet the proposed plans
provide very mundane units that are more suited for a traditional downtown
setting of small blocks divided by alleys. It is important to encourage a range
of housing opportunities throughout the City; however, in this location,
quality would be preferable to quantity. Each of the buildings between the
Intracoastal Waterway and Federal Highway is lined up and spaced almost
equidistance apart. The additions of "bump outs" on the ends of the buildings
will add some interest and relieve some of the plainness of the structures.
Granted, there is no established architectural "character" in the area; however,
elements of a Spanish Mediterranean style have been successfully used on the
new Manatee Bay project and the past renovations to the Benvenuto's
Restaurant, as well as the townhouse proj ect to be reviewed later on this
agenda. This same style could be used here to provide a development that
Page 4
File Number: LUAR 02-005
The Harbors
would be a signal for the gateway area. Nothing distinguishes this project or
causes it to stand out in the memory.
3. Lack of residents' amenities. The proposed plan provides no private outdoor
space for residents. The only amenities provided are a pool and "tiki"
barlcabana located adjacent to the boat docking areas at the Intracoastal.
There is no mention of how, or even whether, the docks will be available for
residents' use or how they will access this facility ifit is to be used by them.
Ifit is not to be a part of the development, there is no indication of how non-
resident users will be provided with landside access. The pool area is
approximately 900 feet from the units on the west end of the property. The
applicant proposes a four-foot wide sidewalk leading through the development
to allow pedestrian access to the facility. No benches, shade trees or other
pedestrian amenities are proposed. Five of the 12 guest parking spaces are
eannarked for the recreation area, though no spaces are designated for
handicap use. The closest parking is 190 feet from the pool edge; the farthest
is 360 feet away. The remaining guest parking spaces will provide only a
little more than one guest space for each ten units.
4. Landscaping. The proposed landscape plan provides little more than the
minimum required of any development. Along the south and a portion of the
north property lines, an existing five-foot high ficus hedge will soften the
appearance of the enclosing wall for the homeowners. In areas where a new
wall is to be built, the only softening elements will be outside the wall. In the
driveway areas between buildings, the only softening element is a single
Geiger tree between each pair of garage doors. The paseos fare somewhat
better, however, the plantings cannot be called "lush". The "Site Data" table
included with the site plan shows a pervious area of29%. (The standards for
Mixed Use-Low Intensity require a 30% minimum pervious area with a
density of 40 dulac.) This is an improvement over the existing site
development; however, the property is currently a night clublrestaurant and
ancillary parking lot, not a residential neighborhood.
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.
In this portion ofthe Federal Highway Corridor, there are a number of properties designated High
Density Residential, interspersed with city owned lands designated for Recreational use. The
requested amendment would not create an isolated or unrelated district. Rather, it is the existing
Local Retail Commercial designation extending to the Intracoastal Waterway that forms an
isolated and unrelated district.
c. Whether changed or changing conditions make the proposed land use
amendment/rezoning desirable.
Page 5
File Number: LUAR 02-005
The Harbors
A number of changed and changing conditions make the proposed land use amendment and
rezoning desirable. The Federal Highway Corridor Community Redevelopmellt Plall, adopted by
the City Commission on May 15, 2001, included the following strategy to provide a strong
residential base that is aesthetically inviting:
"Encourage a variety of housing. Develop intensity stalldards that allow for a variety of
housing styles and types at intensities that will assist in supporting the downtowll alld
general economic expansion. "
In response to this strategy, the city adopted amendments to the land development regulations,
adding the Infill Planned Unit Development (IPUD) zoning district to allow a greater range of
housing types to be developed on infill parcels, specifically along Federal Highway in the
entrance districts. Residential densities for the IPUD zoning district can range from 10.8 dulac to
20 dulac. The two entrance districts are defined by the redevelopment plan as the areas of the
Federal Highway corridor from the north city limits to the Boynton (C-16) Canal, and from
Woolbright Road to the south city limits.
The IPUD zoning district regulations are relatively flexible in order to encourage developer
creativity, including townhouse developments on small infill and redevelopment parcels. In
addition, the South Florida housing market is experiencing a growing popularity of townhouse
developments as a residential unit of choice, particularly in urban areas. It is difficult, however,
to accept this master/site plan as proposed, which exploits the leniency of the IPUD regulations as
one ofthe first, and most visible projects in the northern "gateway" to the City.
d. Whether the proposed use would be compatible with utility systems, roadways, alld
other public facilities.
Comparisons of water and sewer demands, provided by the applicant have not been revised to
reflect the amended site plan. The original calculations show that the proposed use of the property
will potentially increase water demands by slightly more than 2,000 gallons per day, yet decrease
wastewater usage by over 11,000 gallons per day (see Attachment "B"). The traffic generation
statement, that accompanied the application, states that the vested uses on the site generate 1 ,815
daily trips, while the proposed use equates to 378 trips per day. With respect to solid waste, the
Solid Waste Authority has stated in a letter dated December 18,2001, that adequate capacity exists
to accommodate the county's municipalities throughout the 10-year planning period. Lastly,
drainage will be reviewed in detail as part of the review of the site plan, and must satisfy all
requirements of the city and local drainage permitting authorities.
e. Whether the proposed land use amendmellt/rezoning would be compatible with the
currelll and jilture use of adjacellt alld nearby properties, or would affect the
property values of adjacent or nearby properties.
The proposed land use amendment/rezoning is compatible with the current and future use of
adjacent properties. It is the existing use of the property and the array of commercial uses that
could be placed on the site if it were redeveloped under the Local Retail Commercial designation,
that create incompatibilities.
f Whether the property is physically alld ecollomically developable ullder the existillg
zOllillg.
Page 6
File Number; LUAR 02-005
The Harbors
The property was developed as a restaurant many years ago, and recently applied for a
conditional use permit to operate as a nightclub. It could be redeveloped with a variety of
commercial uses permitted under the existing Local Retail Commercial land use and Community
Commercial C-3 zoning.
g. Whether the proposed land use amendment/rezoning is of a scale which is
reasonably related to the needs of the neighborhood and the city as a whole.
With proper development, the site could be an example of the type of redevelopment and infill
project that will help to underpin the redevelopment efforts in the Federal Highway Corridor and
also increase the variety of types and styles of housing to support general economic expansion.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
There are very few residentially designated sites in the City that provide opportunities for small to
medium-sized infill developments.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, the requested land use amendment and rezoning are consistent with the intent
of the Comprehensive Plan; 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. However, the proposed project
remains with design deficiencies and falls short of meeting the intent of the new zoning
regulations. The proposed master/site plan provides less than the basic amenities, mediocre
building architecture, minimal landscaping and seeks only to crowd the site with more dwelling
units than the site planner is capable of placing on the site in a reasonable design. Therefore, staff
recommends that this request be approved, subject to the project enhancements as described in
this staff analysis. Such enhancements should include, but are not limited to the following:
1. Integrate architectural elements to enhance the overall character of the development;
2. Change the orientation of the easternmost building to increase the visual and physical
access to the recreation area;
3. Improve the aesthetic quality of the paseos and provide amenities that the project lacks;
4. Enhance the wall surrounding the project and provide additional landscaping to enhance
the views and areas opposite less aesthetic adjacent uses, and improved the quality of
interior living areas;
5. Provide additional parking spaces to prevent congestion and decline in the project
quality.
A complete list of specific comments for the site plan, which, on adoption, will become the
master plan for the IPUD, are attached as Exhibit "C".
Staff acknowledges that the narrow shape of the site poses limitations, but notes that the site
attributes outweigh the negatives. The proposed project is limited to one unit type, which may
not be the best choice to compensate for site limitations and capitalize on its attributes, which
Page 7
File Number: LUAR 02-005
The Harbors
may only be fully utilized with greater flexibility in unit type and the addition of architectural,
landscape, and other enhancements. Should the Community Redevelopment Agency Board and
the City Commission recommend or adopt additional conditions of approval, said conditions will
be included as Exhibit "C".
ATTACHMENTS
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LANDII
DESIGN
SOUTH
Land Planning
Landscape Architecture
Environmental Consultation
561.478.8501 . FAX 561-478-5012 . Congress Business Center 1280 N. Congress Avenue' SUite 215 . West Palm Beach. Florida 33409
The Harbors
Land Use Amendment, Rezoning, & Site Plan Approval
Justification Statement
Request
The purpose of this Justification Statement is to request a Land Use Amendment, a
Rezoning, and site plan approval for the subject property. The applicant is requesting to
change the land use from Local Retail Commercial to Special High Density Residential
and the zoning from Community Commercial (C3) to Infill Planned Unit Development
(IPUD).
On behalf of the Petitioner, Land Design South of Florida, Inc. is requesting a land use
amendment, rezoning, and site plan approval of a 3.21-acre property with 54 upscale town
homes. The subject property is generally located on the southeast corner of Federal Highway
and Gateway Boulevard.
Site Characteristics
The 3.21-acre property currently has a Future Land Use designation of Local Retail Commercial
and is located within the C3 (Community Commercial) Zoning District. As previously stated, the
applicant is proposing to change the Future Land Use designation to Special High Density
Residential and rezone the property to IPUD (Infill Planned Unit Development). The subject
property is currently being used as a nightclub facility. There is an existing two-story 20,679
square foot building located on the eastern most portion of lhe site. The remaining portion of
the site is used predominately for parking. In determining the impacts of the site we compared
the maximum development potential at the existing land use and zoning to the maximum
development potential at the proposed land use and zoning. We also accounted for what the
applicant is actually proposing.
There are several different uses surrounding the subject property. There are two (2) different
uses which border the subject property to the north. Along the eastern section of the northern
property line is the Las Palmas residential community. This property has a Future Land Use
Designation of Low Density Residential (LDR) and is located within the R1AA zoning district.
Along the western portion of the northern property line is a gas station. This property has a
future land use designation of Local Retail Commercial and is located within the C3 zoning
district. To the east of the subject property is the Intracoastal Waterway. To the south of the
subject property is the proposed Boynton Beach City Park. This property has a future land use
designation of Recreation and is located within the Recreation zoning district. To the west of
the subject property is Federal Highway (94-foot Right-of-Way (ROW)) and the Florida East
Coast (FEC) Railroad ROW (100-foot ROW). To the west of the FEC ROW are several
residential properties. Due to the fact that there is over 194-feet of separation between the
subject property and the properties to the west, the applicant did not consider the impacts of the
proposed community on these properties.
The Harbors
Page 1 of 4
June 5, 2002
Proposed Impacts
The subject property can currently be developed with either commercial or residential
development. After the proposed land use amendment and rezoning the property will be
allowed to be developed mainly as a residential use, with limited commercial use. The following
table identifies the development scenarios under the existing land use and zoning as well as the
proposed.
Existing land Use & Zoning Proposed land Use & Zoning
lRC/C3 SHDRlIPUD
Maximum Development Potential 223,724 Sq. Ft. of Commercial 64 DU's
& 34 DU's
Proposed/Existing Development 20,679 Sq. Ft. of Commercial 54 DU's
The existing zoning designation does not allow the development of fee simple town homes. In
order to develop the site the applicant has to rezone the property to the IPUD designation. The
IPUD district is only allowed in the Special High Density Land Use designation. Therefore the
applicant must also change the land use. With the new zoning and land use there is a limited
amount of commercial that is allowed along Federal Highway. The applicant is not proposing
commercial uses as a part of the proposed development.
The timing and phasing of the proposed community is dependent on the approval of the
rezoning, land use, and site plan. In order to determine a rough estimate of the development of
the site, we will assume that the project will receive final approval in September 2002. Once
final approval is obtained, the applicant will immediately begin the permitting process. The
applicant will begin to clear and develop the property in March 2003. Development of the units
will begin shortly after the clearing.
Population, Water, & Sewer Comparisons
The following table compares the demand for water and sewer based on the square footage
allowed under the existing land use and zoning against the proposed land use and zoning. This
demand was estimated using the standards adopted by the Palm Beach County Health
Department when determining the potential impact of development. In order to determine the
impact of the residential development we used the 2000 Census data of 2.26 persons per
household. In addition, we used the 2001 LOS for the City of Boynton Beach.
Infrastructure Information
Water Provider City of Boynton Beach
level of Service 200 gallons per capita per day
Current Maximum Demand 22,372 gallons/day (3.21 ac X 43,560 sq. ft. X .40 Building coverage x
4 stories X .1)
Proposed Maximum Demand 29,018 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 200)
(62 DU's)
Proposed Actual Demand (54 24.408 gallons/day (54 X 2.26 PPH X 200)
DU's)
Proposed Change +2,036 gallons/day
The Harbors
Page 2 of 4
June 5, 2002
Wastewater Provider City of Boynton Beach
Level of Service 90 gallons per capita per day
Current Maximum Demand 22,372 gallons/day (3.21 AC X 43,560 SO FT X .40 Building coverage
x 4 stories x .1)
Proposed Maximum Demand 13,058 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 90)
(62 DU's)
Proposed Actual Demand (54 10,983 gallons/day (54 X 2.26 PPH X 90)
DU's)
Change - 11,389 gallons/day
Nuisances
The existing land use of the subject property is Local Retail Commercial and the existing zoning
district is Community Commercial (C3). The existing land use and zoning are not compatible
with the residential nature of the area. To the north of the subject property are several different
uses. Along the eastern portion of the northern property line are the Las Palmas Park and the
Las Palmas Landing single-family residential community. These two communities have a land
use designation of Low Density Residential (LDR) and are located within the R1AA (Single
Family) zoning district. Along the western portion of the northern property line are commercial
properties and a existing gas station. These properties have a future land use designation of
Local Retail Commercial and are located within the C3 zoning district. To the east of the subject
property is the Intracoastal Waterway. To the south of the subject property is a vacant property
that has a Future Land Use designation of Recreational and is located within the Recreation
(REC) zoning district. The property is proposed for a City of Boynton Beach Park. To the west
of the subject property is Federal Highway (94-foot ROW) and the FEC railroad (100-foot
ROW).
The existing land use and zoning is not compatible with lhe surrounding residential nature of
the area. Over the years the subject property has received numerous complaints from the
surrounding residents due to loud music and the disruptive behavior of patrons to the nightclub
and restaurant. Once the park to the south is completed, the existing use could potentially
disrupt the activities occurring in the park.
The applicant is proposing to change the land use of the subject property to Special High
Density Residential. The applicant is also proposing to change the zoning designation to IPUD
(Infill Planned Unit Development). The applicant is proposing to construct 54 upscale town
homes on 3.21 acres. This results in a gross density of 16.82 dwelling units per acre. The
proposed residential use is more consistent with the residential uses to the north and the
proposed park use to the south. The proposed site plan submitted with this justification
statement shows a 52-foot setback along the northern property line where the subject property
abuts the existing residential.
Approval of the proposed land use plan amendment and rezoning will eliminate the
incompatibility of uses currently occurring in the area surrounding the subject property.
The Harbors
Page 3 of 4
June 5, 2002
Site Plan
The site plan dated June 5, 2002 submitted with this justification statement shows a total of 54
three (3)-story town homes on a total of 3.21 acres. Each of the 54 town homes has a two-car
garage. In addition the site plan shows a total of 13 additional parking spaces for guest parking.
When designing the site plan the applicant relied upon the draft code language for the Infill
Planned Unit Development (IPUD) zoning district. This zoning district applies to properties
located within the Community Redevelopment Area (CRA) that are greater than one (1) acre in
size and smaller than five (5) acres. The applicant is proposing a three (3)-story town home on
the subject property. This structure will be less then the maximum height of 45-feet. The IPUD
district also has maximum lot coverage of 50%. The proposed site plan has building lot
coverage less than 50%. Along with the rezoning application, the applicant is proposing to
change the land use designation to Special High Density Residential. This designation allows a
maximum density of twenty (20) dwelling units per acre. The applicant is proposing a total of 54
dwelling units on 3.21 acre for a gross density of 16.82 units per acre. This is consistent with
the proposed land use designation.
The minimum open space requirements for properties within the IPUD zoning district are 100
square feet per dwelling unit. The proposed site plan submitted with this justification statement
shows a total of 1.45 acres of open space. This equates to 1,169 square feet per dwelling unit.
There are several different buffers proposed around the perimeter of the site. The applicant is
proposing two different buffers along the northern portion of the subject property. Along the
portion of the property that abuts Las Palmas the applicant is proposing a seven (7) foot buffer.
Along the remaining portion of the northern property line the applicant is proposing a five (5)
buffer. At the pre-application meeting the City Staff requested that the existing vegetation along
the northern property line, adjacent to the single-family homes, remain in place. Therefore the
applicant is only proposing the one (1) tree per thirty (30) feet. The existing hedge will be cut
out and a tree will be placed in the vacant area. The applicant is not proposing a buffer along
the eastern property line due to the fact that it is adjacent to the Intracoastal Waterway. The
applicant is proposing a five (5) foot buffer along the southern property line. There is also a
buffer proposed for the future park to the south. The applicant is proposing a ten (10) foot buffer
along Federal Highway. This will sufficiently buffer the future residents of the community, while
increasing the amount of landscaping along Federal Highway.
The proposed plan shows a large .20-acre recreation area on the eastern section of the
property. This allows all of the residents of the proposed community to have access and to
enjoy the Intracoastal. The recreation area will have a pool and cabana. It is the intent of the
applicant to use the existing pool and "Tiki" bar structure located on the site.
The property is structured so that most of the units front on a "paseo" area. This area will
provide for guest entrance in to each of the units and create an intimate atmosphere between
the units. In South Florida today, we are use to seeing the garage as the predominate feature
on the front of residential structures. The proposed homes have the garage in the back of the
units. Each of the garages will be access via an 18-foot access way.
Based upon the above and the attached information, the Petitioner respectfully request
approval of this petition.
N:\Project Files\389\389.53\The Harbors LUPA, Rezoning, & Site Plan Approval Just Stat.doc
File: 389.53A. 538
The Harbors
Page 4 of 4
June 5, 2002
DEVELOPMENTDEPARTMffiNT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 02-162
TO:
Chairman and Members
communityJir;ede el ment Agency Board
Dick Hudso or Planner
,
FROM:
THROUGH:
Michael W. Rumpf
Director of Planning and Zoning
DATE:
August 25, 2002
Project/Applicant:
PROJECT DESCRIPTION
The Harbors/Centex Homes
Agent:
Jennifer Morton of Land Design South
Owner:
SCHGAI, Inc.
Location:
2300 N. Federal Highway (Cafe La Notte)
FileNo:
Land Use AmendmentJRezoning (LUAR 02-005)
Property Description: Developed property consisting of :t3 .21 acres, classified Local Retail
Commercial (LRC) and zoned C-3 Community Commercial
Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC)
to Special High Density Residential (SHD-20 du/ac), and rezone from C-
3 Community Commercial to Infill Planned Unit Development (IPUD) in
order to redevelop with 54 fee-simple townhouses.
Adjacent Land Uses and Zoning:
North: To the northeast, developed (Las Palmas) single family homes classified Low Density
Residential (LDR 4.84 du/ac) and zoned R-l-AA Single Family Residential and to
the northwest, developed commercial land (gas station) classified Local Retail
Commercial (LRC) and zoned C-3 Community Commercial.
South: Vacant land, currently being developed as Intracoastal Park, designated Recreational
(R) and zoned REC Recreation.
East: Intracoastal Waterway
West: Rights-of-way of Federal Highway and the Florida East Coast Railroad, then
developed commercial property classified Local Retail Commercial (LRC) and zoned
C-2 Neighborhood Commercial.
Page 2
File Number: LUAR 02-005
The Harbors
PROJECT ANALYSIS
Chapter 163, Florida Statutes requires that in order for an amendment to the Future Land Use
Map to qualify as a "small-scale" amendment, the property must be less than 10 acres in size. If
the amendment involves a residential land use, the density must be 10 dwelling units or less per
acre. An exception to the density limitation is permitted if the property is in an area designated in
the comprehensive plan for urban infill, urban redevelopment or downtown revitalization.
Even though the requested density for the site is greater than 10 dulac, the parcel is less than 10
acres in size, is located within the expanded Community Redevelopment Area, and would be
considered an urban redevelopment project. The subject property contains +3.21 acres, and
therefore qualifies 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 eight criteria used to review Comprehensive Plan amendments and rezonings are listed in
Article 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 land use amendment/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 compZv with policies contained
in the comprehensive plan.
Under its present land use designation and zoning category, the property could be redeveloped for
residential use at a density of 10.8 dwelling units/acre for a total of 34 units. The applicant is
requesting an increase of 20 units and therefore falls below the density requiring risk management
review; however, staff would recommend that all home-buyers in the development be made
aware ofthe fact that they are buying property in a hurricane evacuation zone.
Policy 1.19.1 of the Land Use Element provides a definition of the Special High Density
Residential land use classification, limits the use of the designation to the Coastal Area of the city
and states that the maximum gross density is twenty (20) dwelling units per acre.
Policy 1.13.3 states,
"T7.e City shall continue to encourage infill development and redevelopment by
implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the
policies contained in the Coastal Management Element. "
The adoption of the Infill Planned Unit Development (IPUD) regulations was a direct response to
the cited policy directions as well as policy directions in the Federal Highway Corridor
Community Redevelopment Plan. The introduction to the regulations states:
"It is a basic public expectation that landowners requesting the use of the IPUD
district will develop design standards that exceed the standards of the basic
Page 3
File Number: LUAR 02-005
The Harbors
development standards in terms of site design, building architecture and
construction materials, amenities and landscape design. The extent of variance
or exception to basic design standards, including but not limited to requirements
for parking spaces, parking lot and circulation design, and setbacks, will be
dependent on how well the above stated planning expectations are expressed in
the proposed development plan. "
While both the land use amendment and rezoning are consistent with policies contained in the
Future Land Use Element of the Comprehensive Plan, the master/site plan for the proposed
development, which must be adopted simultaneously with the zoning designation, lacks minimum
design attributes necessary for consistency with the cited requirements of the IPUD regulations.
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.
In this portion of the Federal Highway Corridor, there are a number of properties designated High
Density Residential, interspersed with city owned lands designated for Recreational use. The
requested amendment would not create an isolated or unrelated district. Rather, it is the existing
Local Retail Commercial designation extending to the Intracoastal Waterway that forms an
isolated and unrelated district.
c. Whether changed or changing conditions make the proposed land use
amendment/rezoning desirable.
A number of changed and changing conditions make the proposed land use amendment and
rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan, adopted by
the City Commission on May 15, 2001, included the following strategy to provide a strong
residential base that is aesthetically inviting:
"Encourage a variety of housillg. Develop intensity standards that allow for a variety of
housing styles and types at intensities that will assist in supporting the downtown and
general economic expansion. "
In response to this strategy, the city adopted amendments to the land development regulations,
adding the lnfill Planned Unit Development (IPUD) zoning district to allow a greater range of
housing types to be developed on infill parcels, specifically along Federal Highway in the
entrance districts. Residential densities for the IPUD zoning district can range from 10.8 du/ac to
20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the
Federal Highway corridor from the north city limits to the Boynton (C-16) Canal, and from
Woolbright Road to the south city limits.
The IPUD zoning district regulations are relatively flexible in order to encourage developer
creativity, including townhouse developments on small infill and redevelopment parcels. In
addition, the South Florida housing market is experiencing a growing popularity of townhouse
developments as a residential unit of choice, particularly in urban areas.
Page 4
File Number: LUAR 02-005
The Harbors
d. Whether the proposed use would be computible with utility systems, roadways, and
other public facilities.
Comparisons of water and sewer demands, provided by the applicant, show that the proposed use
of the property will potentially increase water demands by slightly more than 2,000 gallons per
day, yet decrease wastewater usage by over 11,000 gallons per day (see Attachment "B"). The
traffic generation statement, that accompanied the application, states that the vested uses on the
site generate 1,815 daily trips, while the proposed use equates to 378 trips per day. With respect to
solid waste, the Solid Waste Authority has stated, within a letter dated December 18,2001, that
adequate capacity exists to accommodate the county's municipalities throughout the lO-year
planning period. Lastly, drainage will also be reviewed in detail as part of the review of the site
plan, and must satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed land use amendment/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 proposed land use amendment/rezoning is compatible with the current and future use of
adjacent properties. It is the existing use of the property and the array of commercial uses that
could be placed on the site if it were redeveloped under the Local Retail Commercial designation,
that create incompatibilities.
f Whether the property is physically and economically developable under the existing
zoning.
The property was developed as a restaurant many years ago, and recently applied for a
conditional use permit to operate as a nightclub.
g. Whether the proposed land use amendment/rezoning is of a scale which is
reasonably related to the needs of the neighborhood and the city as a whole.
With proper development, the site could be an example of the type of redevelopment and infill
project that will help to underpin the redevelopment efforts in the Federal Highway Corridor and
also increase the variety of types and styles of housing to support general economic expansion.
h. Whether there are adequate sites elsewhere in the city for the proposed use, ill
districts where such use is alreadv allowed.
There are very few residentially designated sites in the City that provide opportunities for small to
medium-sized developments of this type.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, the requested land use amendment and rezoning are consistent with the intent
of the Comprehensive Plan; 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. In light of the fact, however, that
even after numerous meetings and discussions with City staff, the applicant has failed to provide
an adequate interpretation of the zoning regulations and has proposed a master/site plan that
provides less than the basic amenities, mediocre building architecture, almost no landscape design
and seeks only to crowd the site with more dwelling units than the site planner is capable of
Page 5
File Number: LUAR 02-005
The Harbors
placing on the site in a reasonable design, staff recommends that the subject request be denied.
Should the Community Redevelopment Agency Board and the City Commission recommend
approval, any recommended conditions of approval will be included as Exhibit "C".
ATTACHMENTS
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The Harbors
Land Use Amendment, Rezoning, & Site Plan Approval
Justification Statement
Request
The purpose of this Justification Statement is to request a Land Use Amendment, a
Rezoning, and site plan approval for the subject property. The applicant is requesting to
change the land use from Local Retail Commercial to Special High Density Residential
and the zoning from Community Commercial (C3) to Infm Planned Unit Development
(IPUD).
On behalf of the Petitioner, Land Design South of Florida, Inc. is requesting a land use
amendment, rezoning, and site plan approval of a 3.21-acre property with 54 upscale town
homes. The subject property is generally located on the southeast corner of Federal Highway
and Gateway Boulevard.
Site Characteristics
The 3.21-acre property currently has a Future Land Use designation of Local Retail Commercial
and is located within the C3 (Community Commercial) Zoning District. As previously stated, the
applicant is proposing to change the Future Land Use designation to Special High Density
Residential and rezone the property to IPUD (Infill Planned Unit Development). The subject
property is currently being used as a nightclub facility. There is an existing two-story 20,679
square foot building located on the eastern most portion of the site. The remaining portion of
the site is used predominately for parking. In determining the impacts of the site we compared
the maximum development potential at the existing land use and zoning to the maximum
development potentiai at the proposed land use and zoning. We also accounted for what the
applicant is actually proposing.
There are several different uses surrounding the subject property. There are two (2) different
uses which border the subject property to the north. Along the eastern section of the northern
property line is the Las Palmas residential community. This property has a Future Land Use
Designation of Low Density Residential (LDR) and is located within the R1AA zoning district.
Along the western portion of the northern property line is a gas station. This property has a
future land use designation of Local Retail Commercial and is located within the C3 zoning
district. To the east of the subject property is the Intracoastal Waterway. To the south of the
subject property is the proposed Boynton Beach City Park. This property has a future land use
designation of Recreation and is located within the Recreation zoning district. To the west of
the subject property is Federal Highway (94-foot Right-of-Way (ROW)) and the Florida East
Coast (FEC) Railroad ROW (100-foot ROW). To the west of the FEC ROW are several
residential properties. Due to the fact that there is over 194-feet of separation between the
subject property and the properties to the west, the applicant did not consider the impacts of the
proposed community on these properties.
The Harbors
Page 1 of 4
June 5. 2002
Proposed Impacts
The subject property can currently be developed with either commercial or residential
development. After the proposed land use amendment and rezoning the property will be
allowed to be developed mainly as a residential use, with limited commerciai use. The following
table identifies the development scenarios under the existing land use and zoning as well as the
proposed.
Existing land Use & Zoning Proposed land Use & Zoning
lRC/C3 SHDRlIPUD
Maximum Development Potential 223,724 Sq. Ft. of Commercial 64 DU's
& 34 DU's
ProposedlExisting Development 20,679 Sq. Ft. of Commercial 54 DU's
The existing zoning designation does not allow the development of fee simple town homes. In
order to develop the site the applicant has to rezone the property to the IPUD designation. The
IPUD district is only allowed in the Special High Density Land Use designation. Therefore the
applicant must also change the land use. With the new zoning and land use there is a limited
amount of commercial that is allowed along Federai Highway. The applicant is not proposing
commercial uses as a part of the proposed development.
The timing and phasing of the proposed community is dependent on the approval of the
rezoning, land use, and site plan. In order to determine a rough estimate of the development of
the site, we will assume that the project will receive final approval in September 2002. Once
final approvai is obtained, the applicant will immediately begin the permitting process. The
applicant will begin to clear and develop the property in March 2003. Development of the units
will begin shortly after the clearing.
Population, Water, & Sewer Comparisons
The following table compares the demand for water and sewer based on the square footage
allowed under the existing land use and zoning against the proposed land use and zoning. This
demand was estimated using the standards adopted by the Palm Beach County Health
Department when determining the potential impact of development. In order to determine the
impact of the residential development we used the 2000 Census data of 2.26 persons per
household. In addition, we used the 2001 LOS for the City of Boynton Beach.
I Infrastructure Information I
Water Provider I City of Boynton Beach
Level of Service 200 gallons per capita per day
Current Maximum Demand 22,372 gallons/day (3.21 ac X 43,560 sq. ft. X .40 Building coverage x
4 stories x .1)
Proposed Maximum Demand 29,018 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 200)
(62 DU's)
Proposed Actual Demand (54 24,408 gallons/day (54 X 2.26 PPH X 200)
DU's)
Proposed Change +2,036 gallons/day
The Harbors
Page 2 of 4
June 5, 2002
Wastewater Provider City of Boynton Beach
Level of Service 90 gallons per capita per day
Current Maximum Demand 22,372 gallonslday (3.21 AC X 43,560 sa FT X .40 Building coverage
x4 stories x .1)
Proposed Maximum Demand 13,058 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 90)
(62 DU's)
Proposed Actual Demand (54 10,983 gallonslday (54 X 2.26 PPH X 90)
DU's)
Change - 11,389 gallonslday
Nuisances
The existing land use of the subject property is Local Retail Commercial and the existing zoning
district is Community Commercial (C3). The existing land use and zoning are not compatible
with the residential nature of the area. To the north of the subject property are several different
uses. Along the eastern portion of the northern property iine are the Las Palmas Park and the
Las Palmas Landing single-family residential community. These two communities have a land
use designation of Low Density Residential (LDR) and are located within the R1AA (Single
Family) zoning district. Along the western portion of the northern property line are commercial
properties and a existing gas station. These properties have a future land use designation of
Local Retail Commercial and are located within the C3 zoning district. To the east of the subject
property is the Intracoastal Waterway. To the south of the subject property is a vacant property
that has a Future Land Use designation of Recreational and is located within the Recreation
(REC) zoning district. The property is proposed for a City of Boynton Beach Park. To the west
of the subject property is Federal Highway (94-foot ROW) and the FEC railroad (100-foot
ROW).
The existing land use and zoning is not compatible with the surrounding residential nature of
the area. Over the years the subject property has received numerous complaints from the
surrounding residents due to loud music and the disruptive behavior of patrons to the nightclub
and restaurant. Once the park to the south is completed, the existing use could potentially
disrupt the activities occurring in the park.
The applicant is proposing to change the land use of the subject property to Special High
Density Residential. The applicant is also proposing to change the zoning designation to IPUD
(Infill Planned Unit Development). The applicant is proposing to construct 54 upscale town
homes on 3.21 acres. This results in a gross density of 16.82 dwelling units per acre. The
proposed residential use is more consistent with the residential uses to the north and the
proposed park use to the south. The proposed site plan submitted with this justification
statement shows a 52-foot setback along the northern property line where the subject property
abuts the existing residential.
Approval of the proposed land use plan amendment and rezoning will eliminate the
incompatibility of uses currently occurring in the area surrounding the subject property.
The Harbors
Page 3 of 4
June 5, 2002
Site Plan
The site plan dated June 5, 2002 submitted with this justification statement shows a total of 54
three (3)-story town homes on a total of 3.21 acres. Each of the 54 town homes has a two-car
garage. In addition the site plan shows a total of 13 additional parking spaces for guest parking.
When designing the site plan the applicant relied upon the draft code language for the Infill
Planned Unit Development (IPUD) zoning district. This zoning district applies to properties
located within the Community Redevelopment Area (CRA) that are greater than one (1) acre in
size and smaller than five (5) acres. The applicant is proposing a three (3)-story town home on
the subject property. This structure will be less then the maximum height of 45-feet. The IPUD
district also has maximum lot coverage of 50%. The proposed site plan has building lot
coverage less than 50%. Along with the rezoning application, the applicant is proposing to
change the land use designation to Special High Density Residential. This designation allows a
maximum density of twenty (20) dwelling units per acre. The applicant is proposing a total of 54
dwelling units on 3.21 acre for a gross density of 16.82 units per acre. This is consistent with
the proposed land use designation.
The minimum open space requirements for properties within the IPUD zoning district are 100
square feet per dwelling unit. The proposed site plan submitted with this justification statement
shows a total of 1.45 acres of open space. This equates to 1,169 square feet per dwelling unit.
There are several different buffers proposed around the perimeter of the site. The applicant is
proposing two different buffers along the northern portion of the subject property. Along the
portion of the property that abuts Las Palmas the applicant is proposing a seven (7) foot buffer.
Along the remaining portion of the northern property line the applicant is proposing a five (5)
buffer. At the pre-application meeting the City Staff requested that the existing vegetation along
the northern property line, adjacent to the single-family homes, remain in place. Therefore the
applicant is only proposing the one (1) tree per thirty (30) feet. The existing hedge will be cut
out and a tree will be placed in the vacant area. The applicant is not proposing a buffer along
the eastern property line due to the fact that it is adjacent to the Intracoastal Waterway. The
applicant is proposing a five (5) foot buffer along the southern property line. There is also a
buffer proposed for the future park to the south. The applicant is proposing a ten (10) foot buffer
along Federal Highway. This will sufficiently buffer the future residents of the community, while
increasing the amount of landscaping along Federal Highway.
The proposed plan shows a large .20-acre recreation area on the eastern section of the
property. This allows all of the residents of the proposed community to have access and to
enjoy the Intracoastal. The recreation area will have a pool and cabana. It is the intent of the
applicant to use the existing pool and "Tiki" bar structure located on the site.
The property is structured so that most of the units front on a "pas eo" area. This area will
provide for guest entrance in to each of the units and create an intimate atmosphere between
the units. In South Florida today, we are use to seeing the garage as the predominate feature
on the front of residential structures. The proposed homes have the garage in the back of the
units. Each of the garages will be access via an 18-foot access way.
Based upon the above and the attached information, the Petitioner respectfully request
approval of this petition.
N:\Project Files\389\389.53\The Harbors LUPA, Rezoning, & Site Plan Approval Just Stat.doc
File: 389.53A. 538
The Harbors
Page 4 of4
June 5, 2002