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REVIEW COMMENTS 3-25-20042:19PM FROM PLANNING AND REAL ES 561 434 81n7 P.6 THE SCHOOl. DISTRICT OF PALM BEACH COUNTY, FL.ORIDA PLANNlNGOEPARThENT 3320 FORESTHIU BLVD_. C-331 WEST PALM BEACH, FL 33406-5813 (561) 434-8020 FAX: (561) 434-8187 ARTHUR C. JOHNSON. Ph.D. SUPE!~INTENOENi March 23, 2004 Mr. Dick Hudson, Senior Planner City of Boynton Beach 100 E. Boynton Beach. Blvd. Boynton Beach, FL 33435 RE: CONCURRENCY DETERMINATION - CASE NUMBIER #04031903C - WATERSID =: (AT BOYNTON BEACH) Dear Mr. Hudson: The Palm Beach County School District has reviewed the request for a Concurrency . 'Determination on the above reference~ project for 115 multi-family units. Attached please find the approved Palm Beach County School District Concurrency Application and Service Provider Form for Waterside (at Boynton Beach). This Concurrency Determination is valid for one (1) year from the date of issuance. Once a Development OrdEir has been issued for the project, the concurrency determination will be valid for the life of th~ Development Order. If you have any questions regarding this determination, pl'9ase feel free to contact me elt (561)"434-7343. !J:flq 2. 5 'LUU4 cc: Carlos J. Sallbe, P.E., Keith & Sallbe, Inc. enc. S:\Planning\Public\INTERGOV\Concurrency\Conk.urrencY Determination LetteTs\Concurrency\C04031903 .doc AN EQUAL OPPORTUNITY EMPl..oye.l~ 3-25-2004 2,20PM F~OM PLANNING AND REAL ES 561 434 8187 P. 7 JAN20~ The School DlsVid of Palm Beacll Count) Planning De~n' 3320 Forest Hifl Blvd. C-11 ( West Palm Beech. F~ 3340&-581, Phone: (561}434-8800or(561)~38n Fax: (561)434-8187 or (561) 434-881 ( _Iltion: Concurren~ The School District of Palm Beach County School Concurrency Application & Service Provider Form In.trud:lons: SlIbmit one COPY of the completed application and fees for each new l'II$idential project requiring a determination of concurrency for schools. A detennination will be provided within fifteen (15) working days of receipt of a complete application. A dllltennination is noIlrllnsferable and is valid for one year from date of issuance. Once the Development Order is issued. the ooncurrency detennination shall be valid for the life of the Development Order. Please check (" ) type of appli....lion (0.... only): [ ] Concurrency Determination [ ] Concurrency Exemption [ I Concurrency Equivalency [ ] Adequate School Facilities Oetenninatlon ( )leller of No Impact [ ) Time Extension F......: Concurrelley Determination or Adequate School Facilities Determination ($200.00 for m.... than 20 Ullits /20 units or less $100.00); Equlvaleney ($125.00): Ex*'"PIion or LlJ\ter of No Impact ($25.00); Time Eldenslon ($75.00) I . PART I: PROJECTlNFORMA n011l P'.ase -.", a copy of !he sIteIsubdlvlsloll plan, ~f reconIed warranry d.ed anti <:oII511m form Projed: Name: WATERSIDE Munlcipalily: cm OF BOYNTON BEACH Property Control Number (PCN): SEE ATTACHED EXHIBIT "A" Location I Add_ of Subject Property: 3655 N. FEDERAL HIGHWAY, BOYNTON BEACH FL. 33483 DEVELOPMENT REQUEST: ro ta a e '" ~ appli<atJIO, pl..... at1ach. Phssing Plan ..-ng \lit numilCr and typo of un~. to _ cer1Iflcate of ~8l"It)I yearly. A R8$\11ctive Covenant 18 required for age.....tri.;t<<t c.on'tmlolnitiu. OWNERSHIP I AGENT INFORMATION: Owrwr's Noime: SOlITHERN HOMES OF PAlM BEACH, LLC Agent's Name: KEITH & BALLBE TNC. Mailing Addl'll$s: 2201 W. PROSPECT ROAD. SUITE 100 FORT LAUOERDALE. FLORIDA 3~::l09 Fax "'umber: Telephone Number. I h...1ly cerllly lha &to_onlO or i_n made In any papa or my kn_CIlIe. 2 Dilte Application Filed: Reviewed By: t 'Ubn'lttttcllMl'9wittl ilre true and correct to . s Agent Signature PARTII.'.LOCALGOV MENT.REVII:W' Petlfion Number: ~raPtid)]...- rn~: . ~ D YES (plea.. lIl1ach proof of payment) ~ ,. L ~:~ appl"".. mus' pay the School District. The ~ Oislriet wHl not raviawwithout payme..). I ..... '~ARTIII~TOBECOMPLETEOBYSCHO.OL[)I$TRICT.. ... I Date&T~Received: 3 (l';'llb L..{ Case Numl38r: 040<~-l9 03 C V I verify \hat the project complies With the ad~ ~evel 0( SeIvice (LOS) for SChools I verily that the project wlll comply with the adopted Level of Se.vice (LOS) for Schools subjecllo the attachad oont;!itiOllS IOf.Servioe(~OS)I~r hools -- --z; .Ne te TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING &. ZONING DIVISION MEMORANDUM NO. PZ 04-145 Chair and Members Community Redevelopment Agency Board Mayor and City Commission Dick Hudson, AICP ~ Senior Planner ~ Michael w. Rum~ Director of Planning and Zoning June 28, 2004 Waterside/AN EX 04-002 & LUAR 04-002 To annex the property, amend the Future Land Use Designation from CHIS and MR-S (Palm Beach County) to Special High Density Residential (20 du/ac) and rezone from GC General Commercial and Multi-family Residential (Palm Beach County) to Planned Unit Development (PUD). Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPTION Southern Homes of Palm Beach, LLC Southern Homes of Palm Beach, LLC/Carlos Ballbe-Keith & Ballbe East side of Federal Highway north of Chukker Road (Exhibit "A") 7.29 acres CHIS (Commercial High with an underlying S dwelling units per acre [du/acD and MR-S (Medium Residential at S du/ac) - Palm Beach County designations Commercial General (CG) and Multi-family Residential (MR) - Palm Beach County zoning Special High Density Residential (SHDR) at 20 du/ac IPUD Infill Planned Unit Development 113 unit townhouse community Page 2 File Number: ANEX 04-002 & LUAR 04-002 Waterside Adjacent Uses: North: Commercial use to a depth of 1S0 feet east of Federal Highway with CHIS land use and CG zoning then single-family residential development designated MR-S and zoned MR, all located in unincorporated Palm Beach County South: Right-of-way of Chukker Road, then vacant property along Federal Highway with CHIS land use and CG zoning to a depth of 1S0 feet, and farther east, single family residential development designated MR-S and zoned MR all located in unincorporated Palm Beach County East: Intracoastal waterway West: Right-of-way of Federal Highway, then developed property located in unincorporated Palm Beach County designated CHIS and zoned CG and property in the City of Boynton Beach designated Special High Density Residential (SHDR) and zoned IPUD Infill Planned Unit Development EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The request is consistent with the objectives of the City's annexation program, relevant policies in the Comprehensive Plan, and the adopted Federal Highway Corridor Community Redevelopment Plan. 2. The requested land use amendment and rezoning will allow the development of a project that will be a benefit to the city, both fiscally and esthetically. 3. The proposed development meets the standards expected when a project is developed in the IPUD zoning district. 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. 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 many of the 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 Page 3 File Number: ANEX 04-002 & LUAR 04-002 Waterside 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. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 7.29 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 formulation of an emergency hurricane preparedness plan. The planning department shall also recommend limitations or requirements, which would have to be imposed Page 4 File Number: ANEX 04-002 & LUAR 04-002 Waterside on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. 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 use to residential use 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 will help to support the downtown commercial core, as well as the 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. 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 Page 5 File Number: ANEX 04-002 & LUAR 04-002 Waterside 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. The requested map amendment and rezoning would serve to increase the range of housing opportunities available in the redevelopment area. At the same time, they will increase allowed residential density adjacent to existing single-family homes. 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. Trip generation analyses for the property were prepared by the applicant's traffic consultant, utilizing two scenarios; the first if the property is redeveloped under current land use and zoning, the second if the property is developed under the requested land use and zoning. Under the first scenario, the daily trips generated total 4,346 with a PM peak hour total of 399 trips. Under the second scenario daily trips would total 723 or 3,623 fewer trips and 332 fewer PM peak hour trips. According to link analysis, preformed by Kimley-Horn and Associates during the TCEA application process, the Federal Highway roadway from 23rd Avenue to George Bush Boulevard has a daily capacity of 29,300 trips at LOS "0", with Average Annual Daily Trips (AADT) for the year 2003 at 22,772 trips. Estimates, based on the City's adopted Levels of Service, indicate that total potable water demand for the proposed 113 townhouse units will be approximately 48,590 gallons per day (gpd) and sewage flow demand will be approximately 21,866 gpd. More exact calculations of these demands will be made at the time of building permit application submittal. The City of Boynton Beach is proceeding with plans for the purchase of surplus potable water from Palm Beach County Utilities, via existing interconnection points, to supplement its current capacity. This purchase agreement will be in effect within a few months and will provide sufficient capacity to serve this project. Sufficient wastewater capacity is currently available to serve this project, subject to the applicant making a firm reservation of capacity, following approval of the site plan. According to a review by Fire-Rescue personnel, to meet the increased demand, additional resources are required such as personnel, apparatus, and equipment. It is imperative that Fire Station #4 be completed and in service by the time these new projects are completed and Page 6 File Number: ANEX 04-002 & LUAR 04-002 Waterside occupied, and that Fire Station #5 be expedited to insure adequate service delivery levels and effective response times in the northeast section of the City and as a back-up in the northwest quadrant and in the downtown corridor of the City. Station # 4 is scheduled for completion in 2005; however, Station #5 is in the early planning stages and no completion date has been scheduled. It is important that Station #1, as currently located, remains in operation as the first response station for downtown projects such as this. This situation also increases the potential for mass casualty events when large numbers of people occupy confined areas. This is becoming more prevalent in many areas of the city. Every added new commercial and multi-family structure increases the annual fire prevention inspection workload as required by ordinance. Although there have been a large number of these occupancies added in the past several years, inspection staff has decreased. This situation has reached a point that may soon require changes in our inspection schedules that may negatively affect our future success. The past and current service level has prevented any significant fires in these occupancies for several years. New development projects involving multi-family or high-density commercial projects should be approved contingent upon consideration of future upgrades in emergency dispatch capability. These enhancements include new technology related to CAD, GIS, and AVL capability, as well as adequate staffing. All other factors (personnel, training, technology, fire station placement, building design features, etc) depend on a reliable and efficient method of getting the resources provided where they are needed in time to mitigate the consequences of an emergency, regardless of the type of response." Police Department personnel strongly advise that the department is undermanned and over tasked and any significant tasking (additional commercial and multi-family occupancy) will undoubtedly have a negative impact on our ability to provide adequate service unless immediately able to compensate for the shortfall in personnel. Last year the Police Department handled 72,005 calls for service, compared to 61,833 calls in 2000. This is a 14% increase in an already impressive call volume for a city of a little over 60,000. It should also be noted that the department has also increased arrests by 25% since 2000. The Police Department recommends, "that proposed significant increases in our business and civilian population be tied to the addition of officers on the force." 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 issued a statement that the project complies with the adopted Level of Service (LOS) for school concurrency. The concurrency determination is valid for one year from March 24, 2004, the date of issuance. The School District estimates that the project will generate 9 elementary school students, 5 middle school students and 7 high school students. Currently, Rolling Green Page 7 File Number: ANEX 04-002 & LUAR 04-002 Waterside Elementary School is at 97% capacity, Odyssey Middle School is at 84% capacity and Boynton Beach High School is at 102% capacity. Lastly, drainage is being 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. Although pockets of single-family homes will remain in the immediate area, the quality of the proposed project will increase the values of the subject and nearby properties. Further, despite the immediate contrast between dwelling units and density, this contrast is characteristic of the entire waterfront corridor. f. Whether the property is physically and economically developable under the existing zoning. The property is currently vacant and most probably could be developed; however, with annexation into the City, the Palm Beach County zoning must be changed to a City of Boynton Beach zoning district. C-3 Community Commercial 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 Commercial zoning. The remaining portion of the property, currently zoned MR5, could also be redeveloped as single-family residential. This would forego the opportunity to have the property redeveloped under a unified development plan. 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. 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 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. Page 8 File Number: ANEX 04-002 & LUAR 04-002 Waterside MASTER/SITE PLAN ANALYSIS The IPUD regulations are intended to be used in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the "Federal Highway Corridor Community Redevelopment Plan"Study Areas I and V. (The site for Waterside is in Area V.) A mixture of uses, including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. It is a basic expectation that anyone requesting the use of the IPUD district will develop to standards that exceed the City's basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. To that end, all applications for rezoning to an IPUD must be accompanied by a detailed master plan or site plan. In this instance, an application for site plan approval has been submitted and is being reviewed concurrent with this request. The site plan shows 113 fee-simple townhouses of two and three stories arranged fronting on two loop roads. Units contain 2, 3 or 4 bedrooms with sizes ranging from 2,168 square to 3,670 square feet. Designs shown for the buildings are a derivative of Mediterranean architecture with stucco walls, S-tile roofs and decorative moldings, appliques columns and balconies; all are representative of a relatively high quality architectural design and materials The maximum density allowed by the Special High Density Residential land use classification is 20 dulac, and the applicant proposes a density of 15.5 du/ac. A recreation area of approximately 0.85 acre will be located fronting on the Intracoastal Waterway. The proposed three-story recreation building would include a pool area, and a clubhouse of approximately 5,000 sq. ft. that includes a third floor gym and clubroom and a second floor ballroom elevated over a first floor covered breezeway, which allows ground-level views of the Intracoastal Waterway. The IPUD zoning district has no actual building setback requirements, however, the buildings are arranged in such a way that they would exceed the basic development standards. The site plan shows that the buildings would be setback 15 feet from Federal Highway (front), 7.5 feet from the east property line (rear) and 10 feet from the side property lines (north and south). The proposed site plan meets all of the expectations of the IPUD zoning district. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan. The additional impacts on infrastructure and services resulting from this project are to be expected with redevelopment and revitalization activities. The proposed project 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 Planning and Development Board recommends or the City Commission requires conditions, they will be included within Exhibit "B". ATTACHMENTS S:\Planning\SHARED\ WP\PROJECTS\Southem Homes of Palm Beach\Waterside\LUAR 04-002\STAFF REPORT NEW.doc WATERSIDE: LOCATION MAP LRC :- ~~~~- . . . . . . : . . . :-....-.-- ...---..-........- . . . . . .. . . : ,..--...---.- . , . . . 1------NiC- . , . . . . . , .. . .....................-.-. LEGEND · II" City Boundary Future Land Uses: LRC - Local Retail Commercial 02550 100 EXHIBIT A SITE 150 N 200 + F..I W E S .