REVIEW COMMENTS
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUESTS:
DEVELOPMENT DEPARTMENT
PLANNING a. ZONING DIVISION
MEMORANDUM NO. PZ 04-219
Chairman and Members
Community Redevelopment Agency Board
Mayor and ~~sion
Dick HUdsO~A?CP
Senior Planner 1\0 /
~~'
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 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)
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 du/ac. 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 du/ac with densities ranging from 21 du/ac
(Colonial Club) to 32.2 du/ac (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 already allowed.
In accordance with the definition of the Special High Density Residential land use designation in
Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du/ac 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 du/ac; 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",
AlTACHMENTS
s:\Plannlng\SHARED\WP\PROJECfS\Gu!fstream Gardens\LUAR 04-004\STAFF REPORT NEW.doc