Loading...
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 \\Ch\MAIN\Shrdata\Pla:nning\SharedIWp\PROJECTS\The Harbors\LUAR 02_005\STAFF REPORT ReVised doc , 'I ' I I I 1- II' . J N~25TH AYE _T____ ,I, ill ' '!, t- i! I, - - , _Li: - I i-I' ,I t-- + ----1 I ,'I I '" ~Iz ,--'I 11_ m I I IZ -I:':: 'I ~I"; I ,'+ --Ii I~ !If ell ',~ 'u_ II, GATE:~AY! I I !iBLVD I I ' -'II ~ 'I I ~,I I 1- I, 91 r- 1- , ! o.1!A -I- I I ,I , ~ I , i _l~__ I,:' I I I i II! ~t- NEk_drH'kvE ,~ u, 11 Location Map I Ie! I, I , POTIE RID' 1 I 'I I!, ,- I :1 l~ PUD -I ~'I-II: r I' I I,! ~J~~l~ , '-, I II 1---1 , --~ _L i, "J " ii' I II '-, II I' T- R3 " i UDST 1- E R3 , , " . __I j_'_~__ L ~_, RltAA I !, .J , l.MAs.PARt<; I ' -, ---f I I I, REG ~j: ~!=-J ::;~ t~J =REe , ,',,' OAK s~ili 300 o 300 J~ I EXHIBIT "A" LAKE WORTH ICWW --, I ---" I I I I I i 600 Feet N W~E s ............./- HlilOS" V( )1.::1 'HOV38 NOl.NA08 .::10 AJ.IO I,ll il;' II ~ m N91S3a l:>3ViOH X3l.N30 l:!O.::l C3l:!Vd3l:!d ~ Ii! I l I I I - I- aNVl SH08HVH 3Hl ~ ill! Ii i illill5 al J: ~~~M ~ d ftlllllUIll1 I T tll ~ I. I I I ~ I l ; ~ I d IIII II , ~! : , ~ i~..~ !~i! '-j--!~r-i . I i UN · ~ ~C 1~~I"111 iL~ ;rdl!ll ~I -' 1'1H1er,111 1111 1'r;r;tJ;LiJ I!Pllfi!llll! ~~ 'nUIl!gl~! R 'I~ r.1ili1:iJ - -- ..lim,mqH p. ~ ~ 1Il!lllnGg..il Ij~ ~ i d 11!!I~i I. lqllll ~~~Il L'p. ~ ! ~ , ho ~ ~ II:;;: <i l! ; · ~~~ ~ 8 . ~L ~ w" ~ ~ . f'H I ~ ~ 5 * g i o ~ ~. Ii ..:; ~ o ~ L II ---t--_ f- ~ !! 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 J\SHRDA T AIPlanningISHARED\ WP\PROJECTS\The HaroorsILUAR 02-005\STAFF REPORT doc . NE; 25TH AVE;c z m (.oJ Al o (fJ ., z m ... ., I () ., GATEWAY8LVD H1A NE-20TH AVE- en. Ji"'~ ":~~4:r _DST -R3 Location Map PUD SITE' C2 - PORE -RD E R3 >- S :r R1AA PALMAS PARK . ________n_" ~ lLJ q tt! z ----- REC -=-: RE e _ OAK 8T__ 300 o 300 Attachment "A" LAKE WORTH ICWW N W~E 600 Feet s , LANDIE DESIGN SOUTH Land Planning Landscape Architecture Environmental Consultation Attachment "8" 561-478-8501 . FAX 561-478-5D12 Congress BUSiness C€'0ter 1280 N. Congress AVHnue' SUite 215 West Palm Beach, FloridCl J~09 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