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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- Page 4 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 - - t; - - t- t; :z: ~ u :z: I; - :z: - t I ~ t- :z: 0 ~ ~ I n - I -4 l /~~ - Z S ."'E .-/ ,~ /' NW 10TH AVE co :t -4 " :z: :z: NW 9TH WAY G7 en ~ -4 -~ -----. - i .. ~ ~ s ~ NW 8TH AVE '\ \ ~ G - :z: ./ t I ~ ~ - I I / co -4 - -......... NW 6TH AVE :z: n -4 - ---- \ - G ./ /' :z: NW 6TH AVE ~ I; r I ~ ~~ V OLD BOYNTON RD ~ ~ ~ w~ t I I I !--r.-. /\ l.---- I ';";;Y"::'.. . 10 /. " ~ \ i /, I- ". . \ I- . :~\.J::=<(:';' o ;'~ ~: 300 150 o 300 Feet N A 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 Exhibit A I--- I--- I--- I- "--- en I-- I- :2: Z I- en I- ~ I--- U :2: en CIO :2: I- ~ -t I- 0 Z :2: 0 ~ ~ ~ (') - ~ Z -t z ~\ - z Z J ~ '\~ SITE NW 10TH AVE CIO ..., '\t -t :2: NW 9TH WAY ~/ en ~ -t --/ [ ~ - i ~ ~ - :s: ~ NW 8TH AVE " ~ 1 :- I- U - :2: ~I E z ~ - ~ ~ z ~ I-- I--- Vr~ NW6THAVE ~ :2: (') -t - I--- t \ /' :2: NW 6TH AVE ~ t; I ~tl ~~~W~~ OLD BOYNTON RD r~ ~ Ie--- l I I I r"'t; . <. .:).",-, vd: ---:,~,; '''''0 l'~ V 300 150 o 300 Feet N A 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 >.j J 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. I' i, , ~-_.. ,. ---..... I: "" .. i ..' ! ! f! . , ' 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.