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REVIEW COMMENTS TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING &. ZONING DMSION MEMORANDUM NO. PZ 05-166 Chair and Members Community Redevelopment Agency Board and Mayor and City Commission Dick Hudson, AICP ~ Senior Planner Michael W. Rumpf Director of Planning and Zoning August 22, 2005 Arches Addition/LUAR 05-008 Amend the future land use designation from Mixed Use (MX) to Mixed Use-Core (MX-C) and rezone from CBD Central Business District to MU-H Mixed Use-High Intensity Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPTION Boynton Venture I, LLC Boynton Venture I, LLC/Bonnie Miskel & Kim Glas-Castro of Ruden McClosky Southeast corner of the intersection of Ocean Avenue and SE 4th Street (Exhibit "A") 0.58 acre Mixed Use (MX) - 40 units per acre maximum CBD Central Business District Mixed Use Core (MX-C) - 80 units per acre maximum MU-H Mixed Use-High Intensity Addition to approved mixed use development to include a total of 378 residential units and 38,599 sq. ft. of commercial space on a property totaling i5.05 acres Page 2 File Number: LUAR 05-008 Arches Addition Adjacent Uses: North: Right-of-way of Ocean Avenue then property owned by the City of Boynton Beach (Veterans Park) designated Mixed Use (MX) and zoned CBD Central Business District South: Property owned by the applicant designated Mixed Use Core (MX- C) and zoned MU-H Mixed Use-High Intensity and approved for redevelopment East: Property owned by the applicant designated Mixed Use Core (MX- C) and zoned MU-H Mixed Use-High Intensity and approved for redevelopment West: Right-of-way of SE 4th Street then property owned by the City of Boynton Beach (parking lot) designated Mixed Use (MX) and zoned CBD Central Business District EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The addition of this property will provide the applicant with a redevelopment project encompassing two entire city blocks, serving to make a more complete project; 2. The requested land use amendment and rezoning are consistent with applicable Comprehensive Plan policies and the Federal Hiahwav Corridor Communitv Redevelooment Plan. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 0.58 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state; regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk Page 3 File Number: LUAR 05-008 Arches Addition 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 is not located in the hurricane evacuation zone; therefore the prohibition cited does not apply. Other relevant Comprehensive Plan policies as well as directions contained within the Federal Hiahwav Corridor Community Redevelooment Plan, which are adopted by reference in the Comprehensive Plan, are discussed below: Policy 1.16.1 of the Land Use Element contains the definition of the Mixed Use Core designation and reads: "This land use category shall consist of all Mixed Use High Intensity zoning districts and/or any zoning district(s) which may be established subsequent to the adoption of the Plan provided that all of the above-mentioned zoning districts are shown on the Future Land Use Map within the Mixed Use-Core land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: Business, professional, and administrative offices; retail uses, personal services, day-care services, business services which are compatible with retail uses; entertainment, recreation facilities, amusements, attractions, and exposition halls; hotels and residential uses with a gross density up to 80 dwelling units per acre; places of worship; governmental uses; home occupations. . . A Floor Area Ratio (FAR) up to 4.0 may be considered for all uses, exclusive of parking structures, throughout the Mixed Use Core land use category. . . All land development located in the Mixed Use-Core category shall be required to submit a plan that includes a single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category. " The Mixed Use-Core land use designation and the Mixed Use-High Intensity zoning district were adopted in response to directions in the "Federal Hiahwav Corridor Community Redevelooment Plan"and are consistent with the recommendations of that study. While the land area currently designated for this use is relatively small, it has been the City's intent to expand the area on a project-by-project basis in order to review land use compatibilities and control the potential impacts to the City's service delivery systems until adequate capacity exists concurrent with demand. The original Arches plan, approved on June 17, 2003, was the second redevelopment project approved following the addition of this language to the Comprehensive Plan. The addition of these small parcels to the original project provides a much more cohesive area for planning, and at the same time gives development potential that neither of the additional properties, because of their small size, would have separately. Page 4 File Number: LUAR 05-008 Arches Addition b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would not create an isolated district but would relate to other properties in the downtown area that are currently or will be a part of the revitalization of the area and particularly to the other properties, under the same ownership, that make up the two blocks lying between Ocean Avenue and SE 2nd Avenue that will be part of the same development. c. Whether changed or changing conditions make the proposed rezoning desirable; The addition of the two mixed use land use designations, Mixed Use and Mixed Use-Core, and the accompanying Mixed Use/Low-Intensity and Mixed Use/High-Intensity zoning districts have provided greater options for development and redevelopment in the downtown area than was possible with the CBD Central Business District zoning. The flexibility includes additional density, building height, and setback requirements. Furthermore, this rezoning and the resulting development would move the city a step closer to realization of its expressed vision of an urban downtown environment. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Since approval of the original site plan for the Arches, the City adopted, concurrently with Palm Beach County, a Transportation Concurrency Exception Area (TCEA> for a portion of the CRA area that includes this property. This adoption basically allows collective projects below a certain level of maximum density and intensity to be approved without being subjected to the Palm Beach County Traffic Performance Standards Ordinance. The City's Utilities Department estimates water and sewer demands will be 125,000 gallons per day for the entire project. Capacity is available; however, no capacity reservations have been made for any part of the project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Review comments by the Police and Fire Departments are pending and will be presented by staff if available at the time of the City Commission hearing. Lastly, drainage will also be reviewed in detail as part of the review of the application for site plan approval, and must satisfy all requirements of the city and local drainage permitting authorities. Page 5 File Number: LUAR 05-008 Arches Addition e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The requested actions will give the subject property the same land use designation and zoning as the other properties within the Arches project. It is the City's intention that other adjacent and nearby properties will request similar actions over time as future redevelopment projects are contemplated. f. Whether the property is physically and economically developable under the existing zoning. The properties could redevelop under the existing zoning; however, because of the small size of each, it will be difficult for them to meet development requirements and provide adequate space for economically viable projects. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with Comprehensive Plan policies. As indicated above the project is consistent with the Comprehensive Plan and the Federal Highway Corridor Community Redevelopment Plan, capacity exists to meet the service needs generated by the proposed project, and it will serve to provide an economic contribution to both the neighborhood and the City. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. As stated above, while the land area currently designated for this use is relatively small, it is the City's intent to expand the area on a project-by-project basis; therefore no sites exist with the MX-C land use and MU-H Mixed Use High zoning, except in approved redevelopment projects. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan and the Federal Hiahwav Corridor Community Redevelooment 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. Therefore, staff recommends that the subject request be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included as Exhibit "B". ATTACHMENTS S:\P1annlng\SHARED\WP\PROJECTS\ARCHES@ BB\LUAR Addition\ARCHES ADD SfAFF REPORT.doc I . 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