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REVIEW COMMENTS TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUESTS: DEVELOPMENT DEPARTMENT PLANNING &. ZONING DIVISION MEMORANDUM NO. PZ 04-219 Chairman and Members Community Redevelopment Agency Board Mayor and ~~sion Dick HudsO~A?CP Senior Planner (1 ~~\UV Michael W. Rumpf . Director of Planning and Zoning September 1, 2004 Gulfstream Gardens (ANEX 04-003-LUAR 04-004) . Annex a 4.8-acre portion of the property consisting of 9.99 acres; . Amend the future land use designation from CHIS (Palm Beach County), General Commercial and Local Retail Commercial (City of Boynton Beach) to Special High Density Residential; and . Rezone the property from CG Commercial General (Palm Beach County), C-4 General Commercial and C-3 Community Commercial (City of Boynton Beach) to PUD Planned Unit Development. Property Owners: Applicant/Agent: Location: Parcel Size: Existing Land Use: PROJECT DESCRIPTION Multiple owners, including: Broward Pump and Supply Gulfstream Gardens, LLC Peters Development & Management, Inc. Bentley CKS, Inc. Arthur E. Parsons, Jr. & Arthur E. Parsons, III Gulfstream Gardens, LLC/Bradley Miller, Miller Land Planning Consultants, Inc. West side of Federal Highway, approximately V4 mile north of Gulfstream Boulevard (Exhibit "A'') 9.99 acres Commercial High/S (Palm Beach County); General Commercial and Local Retail Commercial (Boynton Beach) Page 2 File Number: LUAR 04-004 Gulfstream Gardens Existing Zoning: CG Commercial General (Palm Beach County); C-4 General Commercial and C-3 Community Commercial (Boynton Beach) Proposed Land Use: Special High Density Residential (SHDR) Proposed Zoning: PUD Planned Unit Development Proposed Use: Multi-family Residential Community Adjacent Uses: North: Developed commercial (Service Electric) in unincorporated Palm Beach County designated CHIS (Commercial High Intensity with an underlying S units per acre residential) and zoned CG- Commercial General South: Developed commercial (self-storage) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial East: Right-of-way of Federal Highway, then developed commercial and vacant land in unincorporated Palm Beach County designated CHIS and zoned CG West: Rights-of-way of Old Dixie Highway and FEC Railroad, then vacant land (Seacrest Scrub) designated Conservation (CON) and zoned REC Recreation EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requested annexation and land use amendment is consistent with the Comprehensive Plan, and in particular with policies that support annexation of enclaves and reduction of land for commercial use; 2. The requested land use amendment and rezoning will allow the development of a project that will benefit the city, both fiscally and esthetically; 3. The requested change would help to further provide an economic contribution to both the neighborhood and to the City, and; 4. There is a long-standing lack of demand for retail commercial land in the vicinity and a high proven demand for residential land use in the Federal Highway corridor. Page 3 File Number: LUAR 04-004 Gulfstream Gardens BACKGROUND When the Comprehensive Plan was adopted in 1989, the City included policies dealing with the future annexation of properties adjacent to its boundaries. One of the City's policies is to reduce existing enclaves through voluntary annexation. Palm Beach County has been generally supportive of this policy, since providing services to these enclaves is difficult for the County, and in fact, they rely on the City, through interlocal agreements, to provide emergency services. It was envisioned that the properties along the Federal Highway Corridor south of the intersection of Old Dixie Highway, including the subject parcels, would eventually be annexed into the City and form a retail-oriented corridor, consistent with the land use designations and zoning categories assigned by both the City and Palm Beach County and in effect at that time. For example, the "Problems and Opportunities" section of the support documents suggested that an appropriate use in this area would be new car dealerships. Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. This type of development furthered the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 dujac with densities ranging from 21 dujac (Colonial Club) to 32.2 dujac (Seagate). The shift has served to replace marginal and sub-standard commercial uses with residential projects that have enhanced the esthetics of the corridor, as well as the City's tax base. The remaining viable neighborhood-serving commercial uses are being concentrated into nodes located at major intersections along Federal Highway-Woolbright Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. MASTER PLAN ANALYSIS Under its present land use the property could be developed for the range of commercial uses permitted within the existing Local Retail Commercial designation. This land use designation also allows rezoning to the PUD zoning district at a density of 10.8 dwelling units per acre for a total of 107 units. The developer is requesting a change of land use to the Special High Density Residential classification to develop 199 condominium units and accessory amenities. Generally, when a PUD is to be developed in a single phase, a Site Plan approval application is submitted concurrent with the rezoning application, which can fulfill the requirements for both a site plan and master plan. In this instance, the developer has chosen to submit a Master Plan. Master Plans give general information about a proposed development through graphics and tabular data, but are not so specific as to describe exact placement of buildings, architectural design or proposed colors, and parking and landscaping details. These details are required elements of a site plan application, which will be subsequently filed for this project. The principal elements of a master plan consist of density, unit types, setbacks, access and circulation and infrastructure sources and needs. Page 4 File Number: LUAR 04-004 Gulfstream Gardens Staff has determined that the layout of the buildings, the proposed recreation amenities, the internal circulation and the allocation of parking are in a configuration that creates a pedestrian- friendly development that provide the feel of a neighborhood. Major access to the development is from Federal Highway, with secondary access provided from Old Dixie Highway. Federal Highway medians restrict access to the property to a right-in/right out entrance. The two buildings fronting on Federal Highway, one a three-story 6 unit building and the other a two-story 11 unit building, have a minimum of 25 feet of setback/buffer from the property line. Buildings have 10 feet of setback/buffer from side and rear property lines. Garage buildings on the north and south property lines show setback/buffers of 2.5 feet. Buildings types are two and three stories and provide for a mix of fee simple townhomes and residential condominium units. Buildings on the sides and rear of the property are two-story. One two-story building and one three-story building front on Federal Highway, Maximum height of any building is shown at 45 feet. Parking spaces are provided either as first-floor garages, in detached garage spaces or uncovered surface spaces. Tabular data shows that 398 spaces are required and 417 are to be provided. Proposed recreation amenities include two swimming pools, one adjacent to a clubhouse and one adjacent to a cabana. A third, passive recreation area, is a landscaped courtyard with a central water feature. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 9.99 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. 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. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. where the proposed zoning is consistent with zoning or land use recommendations contained in the Comprehensive Plan. Usually in those instances, staff analysis relates only to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. In this instance, however, the analysis serves to strengthen the case for requesting a land use different from that of abutting properties. 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 manager. The planning department shall also recommend limitations or Page 5 File Number: LUAR 04-004 Gulfstream Gardens 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 subject property is located on the west side of Federal Highway and therefore is not in the hurricane evacuation zone; however, it is staff's recommendation that the developer provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelter locations through the homeowners' or residents' association that will be established. Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designations from commercial uses to residential uses, are particularly consistent with two policies in the Comprehensive Plan: "Policy 1.17.1 The City shall continue to discourage additional commercial and industrial uses beyond those which are currently shown on the Future Land Use Map, except where access is greatest and impacts on residential land uses are least"; and "Policy 1.19.7 The City shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area. " The subject property is located in Planning Area V (Entrances to the City) in the Federal Highwav Corridor Community RedeveloDment 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) In concert with the recommendations cited, the residential density of the proposed development, and elimination of "strip" commercial areas in this vicinity will help support the downtown commercial core, as well as recognized commercial nodes in the corridor. In addition, it is proposed at a scale and massing that will provide a transition into the downtown area, where development standards allow greater densities and more intense massing of buildings. Page 6 File Number: LUAR 04-004 Gulfstream Gardens 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 changing development pattern in the Federal Highway corridor has seen an increase in the number of residential developments with densities greater than 10.8 dujac. This type of development furthers the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 dujac with densities ranging from 21 dujac (Colonial Club) to 32.2 dujac (Seagate). The shift in the development pattern has served to replace marginal and sub-standard commercial uses with residential projects that have been an enhancement to the esthetics of the corridor, as well as the City's tax base, supporting existing commercial nodes and the downtown core. Additionally, the requested map amendment and rezoning would serve to increase the range of housing opportunities available in the redevelopment area. c. Whether changed or changing conditions make the proposed rezoning desirable. The request for conversion of parcels designated for commercial uses to Special High Density Residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. Often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. This changing condition serves to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. According to the applicant, the City of Boynton Beach already provides water and sewer service to the property; however, the demands for these services would greatly increase with the change in use. Estimates supplied by the applicant show that the full development potential demand for water and sewer under the present designation would be calculated at 0.125 gallons per day per square foot. With a development potential of 152,307 square feet of commercial development, the demand would be 19,038 gallons per day for each water and sewer. (The estimate for potential square footage developable on the site is less than the maximum possible, since the applicant used 0.35 Floor Area Ratio (FAR), when in actuality, the maximum FAR is 0.50.) Developed with 199 residential units, each unit housing 2.39 persons, the demand for water would increase to 86,561 gallons per day (based on 182 gallons per capita per day) and 49,939 gallons per day sewer capacity (based on 105 gallons per capita per day.) These estimates do not consider the demands from residents of the mobile home park, currently located on the property. In estimating potential traffic generation under the commercial designation, the applicant used 0.35 FAR, and projects a maximum daily traffic generation of 5,211 trips, compared to 1,393 maximum trips per day, if developed with 199 dwelling units. Under the Palm Beach County Traffic Performance Standards Ordinance, residential projects located east of 1-95 are exempt from meeting Level of Service Standards of the Ordinance. Page 7 File Number: LUAR 04-004 Gulfstream Gardens Public School Concurrency Determination is not required as a part of the Land Use Amendment process, but is required in conjunction with a rezoning/site plan application. The School District has estimated that the project will generate 16 elementary school students, 12 middle school students, and 8 high school students. All impacted schools in Concurrency Service Area 19, where the project is located, are operating below maximum capacity, therefore, concurrency is not an issue. 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. Lastly, drainage will be reviewed in detail as part of the site plan approval process, 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 proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to increase the value of these properties. While the properties both north and south of the subject property are commercially zoned, the uses (self-storage to the south and a retail lighting store to the north) are of relatively low intensity and neither the existing commercial uses nor the proposed residential use will have a detrimental effect on the other. f. Whether the property is physically and economically developable under the existing zoning. Portions of the property are currently vacant and portions are developed with small commercial uses, a church and a mobile home park. Most probably the entire property could be redeveloped; however, with annexation of almost half of the property into the City, the Palm Beach County zoning must be changed to a City of Boynton Beach zoning district. The C-3 Community Commercial district would most nearly correspond with Palm Beach County's Commercial General zoning district, and the portion of the property fronting on Federal Highway could be developed under C-3 Community Commercial zoning. The remaining portion of the property fronting on Old Dixie Highway could also be redeveloped under C-4 General Commercial zoning. It is unlikely, however, that a commercial tract of almost 10 acres would be physically or economically viable. 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 support the current trend toward greater residential uses in this area, economic revitalization, and downtown redevelopment. Page 8 File Number: LUAR 04-004 Gulfstream Gardens h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is a/ready allowed. In accordance with the definition of the Special High Density Residentia/land use designation in Policy 1.16.1 of the Future Land Use Element, 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 Highway Corridor Community Redevelopment Plan. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is 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. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Area Board or required by the City Commission, they will be included as Exhibit "B", ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Gulfstream Gardens\LUAR 04-004\STAFF REPORT NEW.doc CI'T'Y OF BOYNTON BEACH, FLORlr "~TER-OFFICE MEMORANDUM TO: DATE: August 31, 2004 ~ 1\0'* Marshall B. Gage Chief of Police FROM: ~i'O~' Officer ~~vention Unit via: Lisa Lillie, Sergeant Special Services FILE: SUBJECT: Gulfstream Gardens Annexation, Land Use AmendmentJRezoning REFERENCES: Land Use/Rezoning Application ENCLOSURES: I have reviewed the application for Land Use and Rezoning for the purposed project, Gulfstream Gardens. " This property is just north of Gulfstream Blvd. near the 3600 block of S. Federal Highway and is located between S. Federal Highway and Old Dixie Highway. The project, Gulfstream Gardens, is planned for 199 uni ts. A Traffic Statement is included with the Land Use application. The Traffic Statement concludes that there will be less traffic generated by the purposed land use for residential than the current zoning for commercial designations. In addition, I have attached a Reporting Area Report for all calls to service for Zone 514 for October 2003 through August 2004. The report shows that there were 1880 calls to service. Twenty percent of these calls were traffic related. ~ : i I :lave also included Reporting Area Report for the 3600 block - 3700 block of S. Federal Highway for the same reporting dates. This report shows there were 492 calls to service. Seventy percent of these. _ l11s were at the Gulfstream Mall. Currently, there are numerous site plans for future residential projects along the 2000 - 3600 block of S. Federal Highway. 1. Moreno Bay 2. Coastal Bay 3. Colony Club 4. Oceanside 5, Watershed 6. Waterside This will have a direct impact on future public safety issues, to include calls to service. The Traffic Statement does not reflect these issues. Traffic congestion is becoming heavy in many areas of the city and emergency response will be impacted greatly. The need for more police personnel and equipment will be needed to balance the increase in population. This increase in residential developments will also place a J arger demand for new business developments. This increases the demand for public safety. The Fire Departme~t has addressed this growth with a purposed station located in the 2300 block of S. Federal Highway.