REVIEW COMMENTS
..
7.e.1
GERRITY REZONING (REZN 05-004)
REZONING
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DIVISION
MEMORANDUM NO. PZ 05-109
Chair and Members
Planning and Development Board and
Mayor and City Commission
Dick Hudson, AICP~--
Senior Planner ~
Michael W. Rum-;<lQ
Director of Planning and Zoning
June 15, 2005
Gerrity Rezoning (Sky Lake)
REZN 05-004
Rezone the property from R-1-AA to R-1-A in order to subdivide
the parcel consistent with abutting residential development
Property Owner:
Applicant/Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses:
PROJECT DESCRIPTION
Bill Gerrity, Inc.
Bill Gerrity, Inc.jMiller Land Planning Consultants, Inc.
On NW 8th Court north of Old Boynton Road and east of Congress
Avenue (Exhibit "A")
2.54 acres
Low Density Residential (LDR)
R-1-AA Single Family Residential
No change
R-1-A Single Family Residential
10 single family lots
The property is surrounded by single family residential
development designated Low Density Residential (LDR) and zoned
R-1-AA-Single Family Residential.
Page 2
File Number: REZN 05-004
Gerrity (Sky Lake) Rezoning
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The requested rezoning meets the criteria required for review found in the Land
Development Regulations;
2. The rezoning is reasonably compatible with adjacent development and will provide
additional single family homes to the market; however,
3. Approval should be conditioned on dedication of additional rights-of-way to ensure that
abutting streets meet the minimum City standards.
PROJECT ANALYSIS
The parcel, which is the subject of this rezoning, totals 2.54 acres. Since the property is
designated Low Density Residential, no change to the land use designation is required;
therefore, a review by the Florida Department of Community Affairs is not required.
The criteria used to review both 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 and are required to be part of a staff analysis.
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
requirements/ which would have to be imposed on subsequent development of the
prope~ in order to comply with policies contained in the comprehensive plan.
The property is not located in the hurricane evacuation zone; therefore the first part of the
criterion is not applicable.
Policy 1.17.5 of the Land Use Element reads:
"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. . ."
To the northeast and east of the subject property, lot widths in the Laurel Hills 5th addition were
originally platted in 1951, with 50-foot widths. Lots in the Glen Arbor subdivision, the abutting
property to the south, were platted in 1959, with widths averaging 65 feet. Both of these are
inconsistent with today's regulations for property in the R-1-AA zoning district, which require a
minimum lot frontage of 75 feet. For other surrounding property, platted more recently and
Page 3
File Number: REZN 05-004
Gerrity (Sky Lake) Rezoning
after subdivision regulations required an increase in lot sizes, properties have widths more
consistent with the present requirements of the R-1-AA regulations.
The proposed development of the subject parcel, with 10 lots each having 64 -foot frontage,
will be consistent with surrounding development, and specifically with the abutting residential
development to the south, where the property was platted with lot frontages ranging from 62
feet to 65 feet.
It should be noted that the Land Development Regulations (Chapter 6-Required Improvements)
require a minimum 50-foot right-of-way width for local streets in subdivisions and states, "The
new subdivision shall provide for the incorporation and compatible development of present and
future streets. . ." The survey for the subject property shows platted rights-of-way of only 30
feet; therefore, staff recommends a dedication of additional rights-of-way for the three street
segments abutting the subject property.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning would apparently create an isolated district, which could be viewed as
"spot zoning"; however, the present single family residential zoning district and the requested
single family residential zoning district differ in minimum lot size (8,000 square feet as opposed
to 7,500 square feet). Front and rear setback requirements are the same for each district, side
setback requirement are 2-1/2 feet less, and minimum living area requirements are 250 square
feet less for the R-1-A district; however, these should have minimum to no impacts on the
neighborhood. As discussed above, the resulting residential lots would relate to the abutting
lands to the south, which have an average lot frontage of 65 feet. Granting this request would
not constitute a grant of special privilege to an individual property owner.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The changes to the land development regulations, requiring greater lot frontage for property
developed under the R-1-AA zoning, have made some of the adjacent properties, which were
developed prior to adoption of the present code, nonconforming. The applicant is proposing to
develop the subject property in a pattern similar to these adjacent properties.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
At the current density, the property could be developed for 8 single family homes; the requested
density would allow for an additional 2 single family residences for a total of 10. The increase of
2 units will have place minimal demands on the water and sewer systems. The applicant has
stated that the traffic impacts from the proposed development will add 1,000 trips per day
(based on 10 trips per day for the use) but only 20 more than if developed under the present
zoning. 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-
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File Number: REZN 05-004
Gerrity (Sky Lake) Rezoning
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.
Lastly, drainage will also be reviewed in detail as part of the review of the conditional use
application, 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.
As discussed earlier under Items "a" and "b", the proposed rezoning would be compatible with
adjacent properties.
f. Whether the property is physically and economically developable under the existing
zoning.
Under the present R-1-AA zoning the property could be subdivided into 8 lots; whereas, under
the requested R-1-A zoning, it could be subdivided into 10 lots. In either case, there would be
sufficient land remaining to increase the right-of-way widths for the abutting substandard
streets.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
Criteria for evaluating the benefits of the proposed development to the needs of the
neighborhood and the City include service demands, density, use, value and consistency with
Comprehensive Plan policies. As indicated above, ample capacity exists to serve the maximum
potential service needs generated by the proposed project. The proposed density is consistent
with that allowed by the land use designation, and while it is slightly higher than that of the
single-family residential property to the north, it is similar to that of the adjacent developed
property to the south.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
While over 340 small scattered vacant residential lots exist throughout the city (a total of 72
acres), there are only three properties designated for low density residential development,
including the subject site, which are greater than 2 acres in size.
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 with the condition that additional rights-of-way be provided to widen
Page 5
File Number: REZN 05-004
Gerrity (Sky Lake) Rezoning
adjacent streets to meet minimum City standards. If the Planning and Development Board or
the City Commission recommends conditions, they will be included within Exhibit "B".
ATTACHMENTS
J:\SHRDATA\Planning\HUDSON\cOMP PLAN PROcESS\STAFF REPORT NEW.doc
LOCATION MAP
Gerrity Property
REZN 05-004
Exhibit A
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EXHIBIT "B"
Conditions of Approval
Project name: Gerrity Rezoning
File number: REZN 05-004
Reference: Rezoning application prepared by Miller Land Planning Consultants, Inc.
I DEPARTMENTS I INCLUDE I REJECT I
I PLANNING AND ZONING I I I
1. Provide additional rights-of-way, easements and related X
improvements as required by the Engineering Department for NW
10th Street, NW 8th Court, and the unnamed street (NW 9th Avenue)
on the north; and provide a utility easement (if required) along the
south propertv line.
ADDmONAL PLANNING AND DEVELOPMENT BOARD CONDmONS
1. To be determined.
ADDmONAL CITY COMMISSION CONDmONS
1. To be determined.
#" LOCATION MAP
Gerrity Property
REZN 05-004
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NOTICE OF PUBLIC HEARING
NOTICE OF REZO 3
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON
BEACH, FLORIDA. will conduct a PUBLIC HEARING, on Tuesday. June 28. 2005 at 6:30 p.m. in the
CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, to consider this request
submitted by Miller Land Planning Consultants, Inc. on behalf of Bill Gerrity, Inc. The City Commission
of THE CITY OF BOYNTON BEACH, FLORIDA, will also hold public hearings to consider this request
on Tuesday July 19, 2005 and Tuesday August 2, 2005. Each hearing will take place at 7:00 p.m., or
as soon thereafter as the agenda permits at the CITY HALL COMMISSION CHAMBERS, 100 East
Boynton Beach Boulevard. The request is described as follows:
LOCATION:
NW 81h Avenue at NW 10th Street
REQUEST:
Rezone:
From -
To -
R-1-AA
R-1-A
PROPOSED USE:
10 single family residential lots
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LEGAL DESCRIPTION:
TRACT 19 OF SUBDIVISION OF SECTION 29 AND 20, TOWNSHIP 45 SOUTH
OF RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 7. PAGE(S) 20, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY. FLORIDA.
(Insert map here)
This request can be viewed between the hours of 8:00 a.m. and 5:30 p.m. at the City of Boynton Beach
Planning and Zoning Division, 100 East Boynton Beach Boulevard.
All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any
person who decides to appeal any decision of the Planning and Development Board or City
Commission with respect to any matter considered at these meetings will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual
with a disability an equal opportunity to participate in and enjoy the benefits of a service, program. or
activity conducted by the City. Please contact Patricia Tucker (561) 742-6268, at least twenty-four (24)
hours prior to the program or activity in order for the City to reasonably accommodate your request.
PUBLISH: The Post
June 18, 2005 and
June 28. 2005
CITY OF BOYNTON BEACH
PLANNING AND z~tj~m (JIVI81()N-::---___
(561)742-6260 Ilr'i rt !" f:. n' I.
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Copy to: City Commission, City Attorney, Mike Rumpf, Agenda File,
Original to Legal Ads File
C:\Documents and Settings\prainitoj\local Settings\Temporary Internet Files\OLKD~egalnot.doc
Conditions of Approval
Project name: Gerrity Rezoning
File number: REZN 05-004
Reference: Rezoning application prepared by Miller Land Planning Consultants, Inc.
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
"\ . _,' . J i j ).1'; ',I~"'-
1. Provide additional rights-of-wayV and related improvements as X
required by the Engineering Department for NW 10th Street, NW 8th
Court, and the unnamed street (NW 9th Avenue) on the north; and
provide a utility easement (if required) alonq the south property line.
ADDmONAL PLANNING AND DEVELOPMENT BOARD CONDmONS
1. To be determined.
ADDmONAL CITY COMMISSION CONDmONS
1. To be determined.