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REVIEW COMMENTS TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 05-214 Chair and Members Community Redevelopment Agency Board and Mayor and City CO~~JSiO:- Dick Hudson, AICP~ Senior Planner ~ Michael W. Rump;i\~ Director of Planning and Zoning November 1, 2005 Estancia/LUAR 05-009 Amend the future land use designation from Low Density Residential (LDR), Moderate Density Residential (MoDR) and High Density Residential (HDR) to Special High Density Residential (SHDR) and rezone from R-1-AA Single Family Residential and PUD Planned Unit Development to Infill Planned Unit Development (IPUD) Property Owner: Applicant! Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPTION HHC Boynton, LLC, Michael H. Hoplamazian and David J. Conti HHC Boynton, LLC/Carlos Balbe 3010 S. Federal Highway (East side of Federal Highway approximately 400' south of Old Dixie Highway. See Exhibit "AU) :t2.64 acres Low Density Residential (LDR), Moderate Density Residential (MoDR) and High Density Residential (HDR) R-1-AA Single Family Residential and PUD Planned Unit Development Special High Density Residential (SHDR) IPUD Infill Planned Unit Development Thirty (30) unit townhouse community Page 2 File Number: LUAR 05-006 Name: Estancia Adjacent Uses: North: To the northeast, a developed single-family residence designated Moderate Density Residential (MoDR) and zoned R-1-AA Single Family Residential. To the northwest, a condominium development (Colonial Club) designated High Density Residential (HDR) and zoned R-3 Multi-family Residential South: To the southeast, two developed single family residences, the westernmost designated Low Density Residential (LDR) and zoned R-1-AA Single Family Residential, the easternmost lying in unincorporated Palm Beach County, designated MR-s Medium Density Residential and zoned RS Single Family Residential. To the southwest, the right-of-way of Bamboo Lane, then vacant property lying in Palm Beach County, designated CHIS Commercial High and zoned CG General Commercial East: Developed single family residences designated Low Density Residential (LDR) and zoned R-1-AA Single Family Residential then the Intracoastal Waterway West: Right-of-way of Federal Highway, then developed property designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The future land use amendment is consistent with the policies of City's adopted Comprehensive Plan, particularly the portion of policy 1.16.1 defining the Special High Density Residential land use relative to redevelopment planning, urban densities and housing opportunities; 2. The requested land use amendment and rezoning meet or exceed the criteria for review, as required in the Land Development Regulations; and, 3. The proposed redevelopment plan is consistent with the vision and recommendations of the Federal Hiahwav Corridor Communitv Redevelooment Plan. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 2.64 acres. 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. Page 3 File Number: LUAR 05-006 Name: Estancia The majority of the property that is the subject of this application was approved for a land use amendment and rezoning on February 19, 2001 under the name of Dakota Lofts. At that time, the highest density that could be requested in this area was 10.8 dujac and development regulations for the IPUD zoning district had not been approved. The property has languished in an undeveloped state since that approval. In the intervening period of time, the property has changed hands and the new owners have purchased an additional two parcels, totaling 0.49 of an acre adjacent to the project. The application before you will serve to unify the land use and zoning for the entire project and, since the proposed project contains 30 townhouse dwelling units, the gross density of 11.32 dujac will exceed the maximum density of 10.8 dujac allowed under the High Density Residential designation. In addition, the IPUD regulations were developed for projects containing between one and five acres and is the correct zoning district for the subject project. Master/Site Plan Analvsis The Land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the PUD Planned Unit Development district. A site plan approval may take the place of the master plan, as is requested in this case. Basic configuration of the project is similar to the one approved for the Dakota Lofts project. The vehicular accessjegress to the project is located on Bamboo Lane. Access for the remaining single-family residence to the northeast is provided by an easement through the project. The three-story townhouse units are located in a "U" shape around the central finger canal that is a part of the property. The eight townhouses fronting on Federal Highway are located in two structures, each containing four units. Pedestrian access from Federal Highway to the interior of the development separates these two structures. The remaining townhouses are located to the north and south of the finger canal, and a recreation area with a pool and cabana is at the head of the finger canal between the two rows of townhouses. In accordance with the IPUD regulations, pedestrian circulation is provided in a manner that greatly reduces the opportunity for conflicts with vehicular circulation. Overall, the design of the project meets and exceeds the requirements of the IPUD regulations and will be discussed more fully in the site plan approval process. Review Based on Criteria The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administrat/on and Enforcement, Item C. Comprehensive Plan Amendments: Rezon/ngs. 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 D/vision and the City's risk Page 4 File Number: LUAR 05-006 Name: Estancia manager. The plann/ng department shall also recommend lim/tations or requirements, which would have to be imposed on subsequent development of the property, /n order to comply with policies contained in the comprehensive plan. The property is located east of Federal Highway and therefore is located in the hurricane evacuation zone. Under the requested land use designation, the maximum number of units that could be developed is 53; however, the developer proposes to only develop 30 units, falling below the 50 parcel requirement. Nevertheless, staff would recommend that all sales information used to promote the development and all homeowner documents should inform buyers that the units are located in the hurricane evacuation zone. Policy 1.13.1 of the land Use Element reads: 'The City shall continue to encourage infill development and redevelopment by implementing actions of the Bovnton Beach 20/20 Redevelooment Master Plan. and the policies contained in the Coastal Management Element." One of the implementing actions of the Bovnton Beach 20/20/ Redevelooment Master Plan was the adoption of the Federal Hiohwav Corridor Commun/tv Redevelooment Plan. The subject property is located in Planning Area V (Entrances to the City) in the Federal H/ohwav Corridor Commun/tv Redevelooment Plan. which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area include the following: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 81) Policy 1.16.1 contains definitions of all future land use designations in the City. The definition of the requested land use contains the following language: ''Soecial H/oh Dens/tv Res/dential: This land use category shall consist of redevelopment and infill res/dential areas assigned to this land use category in the port/on of the designated Community Redevelopment Area Identified as Planning Area I and Planning Area V in the "Federal Highway Corridor Community Redevelopment Plan'; adopted on May 15, 2001." The requested land use amendment and rezoning are consistent with these relevant policies in the Comprehensive Plan and the Federal Hiohwav Corridor Communitv Redevelooment Plan. 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 Page 5 File Number: LUAR 05-006 Name: Estancia 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 create an isolated district, since surrounding properties all have land uses with lower densities; however, the proposed density of the subject development (at 11.34 dujac) is lower than the built density (at 21 dujac) of the Colonial Club immediately to the north. Additionally, the Special High Density Residential designation has been applied to other projects located nearby in Planning Area V. Unfortunately, the approval of the requested land use and zoning will also leave a single lot of less than 1f4 acre with a designation for single family residential development. This single family property does relate to single family property immediately south of the finger canal, so while the future land use map will show the lot as being isolated, the single family properties do relate visually. In addition, the proposed development provides a generous setback from the single family residence and the building height is 38 '12 feet to mid-point of roof, rather than the maximum 45 feet allowed in the development regulations. Additionally, the approval of the requested land use designation is consistent with Policy 1.17.5 of the Future Land Use Element, which states: "The City shall continue to maintain and improve the character of existing single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, or with imolementina redevelooment o/ans including the Boynton Beach 20/20 Redevelopment Master Plan. "( emphasis added) c. Whether changed or changing conditions make the proposed rezoning desirable. The requested land use amendment and rezoning are desirable in their support of the Eastward Ho! Initiative which grew out of the Governor's Commission for a Sustainable South Florida. In its October 1995 initial report, the initiative recommends an increasingly active effort to redirect development from areas next to the Everglades toward Southeast Florida's existing urban core. One of the program's main objectives is the restoration and redevelopment of the eastern urban areas to provide housing opportunities for the future population growth in areas where adequate infrastructure capacity exists. Higher densities and increased population in the eastern areas will also provide support for economic revitalization and downtown redevelopment. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The demand for potable water is estimated at 13,560 gallons per day (based on 30 units x 2.26 persons per household x 200 gallons per day per capita). The demand for wastewater capacity is estimated at 6,090 gallons per day (based on 30 units x 2.26 persons per household x 90 gallons per day per capita). The Palm Beach County Traffic Division has reviewed the traffic statement for the project and determined that the project is located within the County designated Coastal Residential Exception area, and therefore meets the Traffic Performance Standards of Palm Beach County. Page 6 File Number: LUAR 05-006 Name: Estancia 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. The City's Fire Rescue and Police Departments have reviewed the application and have provided the project can be adequately served with existing personnel and equipment. Lastly, drainage will also be reviewed in detail as part of the review of the site plan approval, and must satisfy all requirements of the city and local drainage permitting authorities. 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 IPUD regulations contain requirements to ameliorate negative impacts of projects, particularly height, on adjacent single family homes. With respect to other adjacent uses, the R-3 Multi-family Residential district to the north allows a maximum height of 45 feet. f. Whether the property is physically and economically developable under the existing zoning. A portion of the property was approved for redevelopment in 2001, however, that applicant did not move forward with the project and a new site plan approval would be necessary before the development could move forward. The two existing single family residences could continue or be redeveloped. 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. The requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the City and will also provide support for economic revitalization and downtown redevelopment. h. Whether there are adequate sites elsewhere in the city for the proposed use, In districts where such use is already allowed. There are no other properties within the City that have the requested land use designation and zoning category that do not have approved development orders. Residential densities of 20 dujac are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residential development could occur at a density of 10.8 dujac; however, those sites do not offer the opportunity for redevelopment and infill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Hiohwav Corridor Communitv Redevelooment Plan. CONCLUSIONS/RECOMMENDATIONS Page 7 File Number: LUAR 05-006 Name: Estancia As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that cannot be accommodated within existing capacities; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends: 1. That the City Commission, acting as the Local Planning Agency, find the proposed amendments consistent with the Comprehensive Plan; and 2. That the subject requests have been reviewed based on the required criteria; 3. That the proposed redevelopment plan is consistent with the vision and recommendations of the Federal Hlohwav Corridor Communitv Redevelooment Plan; and therefore, 4. That the land use amendment and rezoning be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS S:\Plannlng\SHARfD\WP\PROJECTS\Estanda @ Boynton Beach\lUAR 05-009\STAFF REPORT NEW.doc LOCATION MAP Estancia at Boynton Beach (f.k.a. Dakota Lofts) LUAR 05-009 Exhibit A I .J!! E ::J .b U (~/f l , \. t.... I'(,'-,r, " 160 80 o N 160 Feet A K&B IN C KEITH & BALLBE, INC. Consulting Engineers 2201 West Prospect Road, Suite 100 Fort Lauderdale, Florida 33309 Phone (954) 489-9801 Fax (954) 489-9802 September 19,2005 Mr. Dick Hudson, AICP Senior Planner CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Re: EST ANCIA AT BOYNTON BEACH Project Number 25-06-17 Dear Mr. Hudson: Pursuant to the City of Boynton Beach requirements for land use and site plan approval of the above referenced project, enclosed please find the Palm Beach County School Board concurrency review form for your approval. Please let us know as soon as the form is signed so we can forward it to the School Board. If you have any questions or require any additional information, please do not hesitate to call our office. Sincerely, KEI~LBE, INe. r \ . Carlos J. Ballbe. P.E. \) G.\PROJECTS\250fi 17 - Estancla at Boynton\Correspondence\hudsoll school conc.let.wpd -:(i. \. ./ ,."." - . ..e School District of Pelm Beech County Plennlng Department 3320 Forest Hill Blvd. C-110 West Palm Beach, FL 33406-5813 Phone: (561) 434-8800 or (561) 963-3877 Fax: (561) 434-8187 or (561) 434-8815 Attention: Concurrency The School District of Palm Beach County School Concurrency Application & Service Provider Form Instructions: Submit one copy of the completed application and fees for each new residential project requiring a detennlnatlon of concurrency for schools. A determination will be provided within fifteen (15) working days of receipt of a complete application. A determination is not transferable and is valid for one year from date of issuance. Once the Development Order Is issued, the concurrency determination shall be valid for the life of the Development Order. Please check (" ) type of application (one only): ["] Concurrency Determination [ ] Concurrency Exemption [ ] Concurrency Equivalency [ ] Adequate School Facilities Determination [ ] Letter of No Impact [ ] Time Extension Fees: Concurrency Detennlnatlon or Adequate School Facilities Detennlnatlon ($200.00 for more than 20 units 120 units or less $100.00); Equivalency ($125.00); Exemption or Letter of No Impact ($25.00); nme Extension ($75.00) Please attach a copy of the sIte/subdivisIon plan, last recorded warranty deed and consent fonn Project Name: Estancia at Boynton Beach Municipality: Boynton Beach Property Control Number (PCN): 08-43-46-04-00-001-0480, 08-43-46-04-00-001-0132 08-43-46-04-00-001-0131, 08-43-46-04-00-001-0280 Location I Address of Subject Property: 3010 S. Federal Highway, Boynton Beach, FL 33483 DEVELOPMENT REQUEST: 4/46/04 2.51 " 30 N 19 If applicable, please attach 8 Phasing Plan showing the number and type of units to receive certificate of occupancy yearly. A Restrictive Covenant is required for age-restricted communities. OWNERSHIP / AGENT INFORMATION: Owner's Name: HHC Boynton, LLC Agent's Name: Keith & Balbo!, Inc Mailing Address: 2201 W. Prospect Road, Suite 100 Ft. Lauderdale, FL 33309 Telephone Number: 954-489-9801 Fax Number: 954-489-9802 I hereby certify the statements or Information made In any paper or plans submitted herewith are true and correct to the best of my knowledge. Owner or Owner's Agent Signature Date Date Application Flied: Reviewed By: September 20, 2005 Dick Hudson, AICP Petlllon Number: Title: LUAR 05-009 Sr. Planner Old the Applicant pay the filing fee to you? U6 jI GOvernment Representative Signature II YES (Please attach proof of payment) ~ ~?the applicant must pay the School District. The I District will not review without payment). o/'U l1afe Date & TIme Received: Case Number: I verify that the project complies with the adopted Level of Service (LOS) for Schools I verify that the project will comply with the adopted Leuel of Service (LOS) for Schools subject to the attached conditions I cannot verify that the project will comply with the adopted Level of Service (LOS) for Schools School District Representative Date .J.-'.SHRDATNPlannlng\HUDSON\,SCHOOi. CONCURRFNCV\SCMOOL CONe IMPl FMFNTA TK>N\.FORM f"ofT1 PDF;: doc ~OOLDI.$',.>. ~~Q~B ..;l iX-"~OI(t;X(;EL~Wr 7~ BEACH COU+', The School District of Palm Beach County Planning Department 3320 Forest Hill Blvd. C-l10 West Palm Beach, FL 33406-5813 Phone: (561) 434-8800 or (561) 963-38n Fax: (561) 434-8187 or (561) 434-8815 Attention: Concurrency The School District of Palm Beach County School Concurrency Application & Service Provider Form Instructions: Submit one copy of the completed application and fees for each new residential project requiring a determination of concurrency for schools. A determination will be provided within fifteen (15) working days of receipt of a complete application. A determination is not transferable and is valid for one year from date of issuance. Once the Development Order is issued, the concurrency determination shall be valid for the life of the Development Order. Please check (~) type of application (one only): [ ] Concurrency Determination [ ] Concurrency Exemption [ ] Concurrency Equivalency [ ] Adequate School Facilities Determination [ ] Letter of No Impact [ ] Time Extension Fees: Concurrency Determination or Adequate School Facilities Determination ($200.00 for more than 20 units I 20 units or less $100.00); Equivalency ($125.00); Exemption or Letter of No Impact ($25.00); Time Extension ($75.00) , ,/ :/:::"::"":';':.f>ARt:liJ'RDJECTlNFORMATlON , , Please attach a copy of the site/subdivision pfan, fast recorded wananty deed and consent form Project Name: ESTANCIA AT BOYNTON BEACH Municipality: OTY OF BOYNTON BEACH Property Control Number (PCN): OB-43-46-04-00-001-0480, 08-43-46-04-00-001-0132, Location I Address of Subject Property; 3010 S. FEDERAL HIGHWAY, BOYNTON BEACH FL 33483 DEVELOPMENT REQUEST- SectionfTownshi IRan e 44 4 I Sinale Familv Pro'eet Acreaae 2.51 Multi-Familv Other than apartments Total Number of Units 30 '" Aoartments 3 stories or less) Will the Project be Phased? (Y/N) N Hi h Rise Apartments Concurrency Service Area CSA) Aae Restricted (Adults OnlvY. If applicable, please allach a Phasing Plan showing lt1e number and t ype of units lo receive certiflcale of occupancy yearty A Restrictive Covenant is required for age-restricled communilies OWNERSHIP I AGENT INFORMATION: Owner's Name: Agent's Name: Mailing Address: HHC BOYNTON, LLC KEITH & BALLBE INC. 220t W, PROSPECT ROAD. SUITE 100 FORT I ALJDFRDAI F Fl ORTDA :BJOq QS4.4AQ-QR01 Fax Number: 954-4A9-9802 Telephone Number: I hereby certify the statements or infonnation made in any paper or plans submllled herewith are true and correct to the best of my knowledge. Owner or Owner's Agent Signature Date . ,PART II. LOCAL GOVERNMENTRElIIEW Date Application Filed: Reviewed By: Did the Applicant pay the filing fee to you? Petition Number: Title: nVES DNO (Pleasealladlproofofpayment) (If no, the applicanlmusl pay the Scl100l District. The Sd1o~ District will not review without payment). Government Representative Signature Date PART m..TO Be eoMPLE'I1W BY SCHOOl. DISTRICT Date & Time Received: Case Number: I verify that the project complies with the adopted Level of Service (LOS) for Schools I verify that the project will comply with the adopted Level of Service (LOS) for Schools subjecl to the attached conditions I cannot verify that the project will comply with the adopted Level of Service (LOS) for Schools School District Representative Date