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REVIEW COMMENTS DEVELOPMENT DEPARTMENT PLANNING &. ZONING DIVISION MEMORANDUM NO. PZ 05-016 TO: Chair and Members Community Redevelopment Agency Board and City Commission FROM: Eric Lee Johnson, AICP cc-Jr. Planner () Michael W. Rumpf Director of Planning and Zoning THROUGH: DATE: February 1, 2005 PROJECT NAME / NUMBER: Boynton Beach Lofts LUAR 05-003 PROJECT DESCRIPTION Applicant: Mr. James A. Seifert / Addison Properties of South Florida, Incorporated Agent: Mr. Bradley D. Miller, AICP / Miller Land Planning Consultants, Incorporated Owner: Mr. Louis F. Mascia / Boynton Motel, LLC. Location: 623 South Federal Highway File No: Land Use Amendment / Rezoning (LUAR 05-003) Property Description: Partially developed property consisting of two (2) lots totaling 1.21 acres, classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3). Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to Mixed Use (MX) and rezone from Community Commercial (C-3) to Mixed Use-Low (MU-L) Adjacent Land Uses and Zoning: North: Vacant commercial property classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); South: Developed commercial properties (offices) classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); Page 2 File Number: LUAR 05-003 Boynton Lofts East: Developed multi-family residential (Sterling Village) classified High Density Residential (HDR) land use and zoned Multi-family Residential (R-3); West: Recreation space (Pence Park) classified Recreational (R) land use and zoned Recreation (REC). EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment / rezoning for the following reasons: 1. The requested land use and zoning are consistent with the Comprehensive Plan and the Federal Highway Corridor Redevelopment Plan; 2. Adequate public facilities and infrastructure are in place and / or is anticipated in the future to serve the subject site and its corresponding project; 3. The requested change would help to further provide an economic contribution to both the neighborhood and to the City. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. PROJECT ANALYSIS A future land use map amendment can be defined as a change to the City's Comprehensive Plan that seeks to modify the text of the adopted goals, objectives, and or policies contained within the Plan. Also, an amendment can be described as a change to the Future Land Use Map, which in turn, could change the list of permitted, conditional, or prohibited uses. Amendments to the Comprehensive Plan are divided into two (2) separate processes, namely large-scale and small-scale amendments. The applicable process is determined by the size of the parcel with the threshold being 10- acres. Also, if the amendment involves a residential land use, the density must be 10 dwelling units or less per acre. However, an exception to the density limitation is permitted if the property is in an area designated in the comprehensive plan for urban infill, urban redevelopment or downtown revitalization. According to the survey, the subject property totals 1.21 acres and is located in an area designated for urban redevelopment. Therefore, the subject request qualifies as a "small-scale" land use amendment. Small-scale text and map amendments do not require the State of Florida's Department of Community Affairs (DCA) to review for compliance with state and regional plans prior to its adoption by the City. This means that the proposed amendment, if desired by the city, would be adopted first, and then subsequently forwarded to the DCA for their records (generally "large-scale" amendments are not adopted until found to be "in compliance" by the DCA). Where a rezoning application Page 3 File Number: LUAR 05-003 Boynton Lofts would occur pursuant to an amendment to the Future Land Use Map, such as with this application, the two (2) applications shall be processed simultaneously as a single application. Therefore, "rezoning" shall be construed to include a "future land use map amendment". The proposed small-scale amendment / rezoning application is being reviewed concurrently with an accompanying request for site plan approval (NWSP 05- 008). The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in 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. a. Whether the proposed land use amendment / 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 property, in order to comply with policies contained in the comprehensive plan. The applicant proposes to develop the property with a mixed-use residential/retail / office building. The project proposes a total of 48 dwelling units, which is under the 50 dwelling unit threshold outlined in Policy 1.12.1. Also, the subject property is located on the west side of Federal Highway, which is outside the evacuation zone, and therefore not subject to Palm Beach County Emergency Planning Division review and approval. Policy 1.13.3 states, "the City shall continue to encourage intill development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the policies contained in the Coastal Management Element. " On May 15, 2001, the City Commission approved the implementation of the Federal Highway Corridor Community Redevelopment Plan and the Mixed-Use Low zoning category. This plan was created as one of the redevelopment plans recommended by the Boynton Beach 20/20 Redevelopment Master Plan. The subject property is located within the boundaries of Federal Highway Corridor Study Area IV. The Study Area allows for the Mixed-Use land use designation and Mixed-Use Low zoning category. The property owner's intent is a proposed mix of uses (residential, retail, office), all of which would be permitted in the Mixed Use-Low zoning district. 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. Page 4 File Number: LUAR 05-003 Boynton Lofts Parcels that front on the west side of Federal Highway in this portion of the Federal Highway Corridor are generally designated with the Local Retail Commercial (LRC) land use classification and zoned Community Commercial (C-3). On the east side of Federal Highway, the predominant land use near the subject property is generally residential with varying densities (i.e. High Density Residential, Low Density Residential) and their corresponding zoning districts (Multi-family Residential, R-1-AA). In fact, High Density Residential (HDR) land use and Multi-family Residential (R-3) zoning is designated for the multi-family complex (Sterling Village) directly east of the subject property at a density of 18.6 dwelling units per acre with a total of 840 units. In the future, staff anticipates that where eligible, property owners located within the boundaries of the Community Redevelopment Agency area would eventually request zoning changes in favor of the Mixed-Use Low district when the market demands higher intensities consistent with the City's initiatives for urban infill and redevelopment. In fact, the Gulfstream Lumber property, located on the northwest corner of Woolbright Road and Federal Highway was recently reclassified to Mixed-Use (MX) land use and rezoned to Mixed-Use Low (MU-L). It should be noted that both the Gulfstream Lumber property and the subject property are located within the same study area (Area IV) of the Federal Highway Corridor Redevelopment Plan. Also, a land use amendment and rezoning change was already approved for the Arches project, located just 1,000 feet north of the subject lots. The lots assembled for the Arches project were recently reclassified to Mixed-Use Core (MX-C) land use and zoned Mixed-Use High (MU-H). The only difference between the two scenarios is the Arches project is located in Federal Highway Corridor Study Area V. In any event, these types of land use and zoning changes, including the subject request, are consistent with the City's redevelopment plans and would not grant special privilege to an individual property owner as contrasted with the protection of the public welfare. The requested amendment would not create an isolated or unrelated district and would help to create a better transition to the residential neighborhood to the east. c. Whether changed or changing conditions make the proposed land use amendment / rezoning desirable. The changing conditions make the proposed land use amendment and rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan recommended the changes of zoning categories within Planning Area IV in order to create a desired appearance of a neighborhood which, being adjacent to the downtown core area is a gateway to the city. The recommendations were also aimed at promoting urban infill by eliminating one-story commercial and automobile-oriented (i.e. drive-thru) types of uses. Any redevelopment activities in Planning Area IV consistent with the above objectives would support increasing developers' interest in the downtown core area. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Page 5 File Number: LUAR 05-003 Boynton Lofts The property was previously developed as a 21-room motel and therefore, utility systems such as potable water and sanitary sewer lines have already been constructed to the subject site. Utilities staff acknowledges that the proposed land use / rezoning change would increase the development potential of the subject site and in turn, would impose additional demand upon city infrastructure. However, increases in demand for potable water (22,981 gpd) would be accomplished via the planned purchase of up to 5 million gallons of potable water per day (for the next 5 years) from Palm Beach County Utilities. Local piping and infrastructure improvements may be required and would be addressed during permit review. The local improvements would be the responsibility of the site developer. Sufficient wastewater treatment capacity is currently available to serve the projected demands (11,629 gpd) of the project if the land use / zoning change were approved. The applicant would be required to make a firm reservation of capacity, following approval of a site plan. Drainage will be reviewed in detail as part of the review of the site plan, and must satisfy all requirements of the city and local drainage permitting authorities. On January 19, 2005, the Palm Beach County School District reviewed and approved the request for 48 multi-family dwelling units. The District's concurrency determination is valid for one year (until January 19, 2006), unless building permits are issued, in which case the concurrency determination would be valid for the life of the development order. The applicant submitted a traffic study and it was forwarded to the Palm Beach County Traffic Division for their review and approval. The Traffic Division reported that the proposed land use / zoning change, which is being processed concurrently with the site plan, proposes a mixed-use project that would generate an additional 60 new morning peak hour trips and 119 evening peak hour trips. The residential portion of the proposed mixed-use development is exempt from the Traffic Performance Standard review because the project is located within the county designated Coastal Residential Exception Area. Furthermore, the non-residential portion of the proposed project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the City after the 2008 build-out date. Police and Fire staff reviewed the accompanying site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. However, it should be noted that the influx of new development in the downtown area will begin to have an impact on police and fire services, thereby ultimately increasing the demand for additional personnel and equipment to balance the increase in population and non- residential uses in the city. e. Whether the proposed land use amendment / 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 land use amendment / rezoning would be compatible with the current and future use of properties located to the north, south, east, and west of the subject property in accordance with the vision for the corridor as represented by the redevelopment plan. There are no indications that the proposed amendment / rezoning Page 6 File Number: LUAR 05-003 Boynton Lofts would have negative impact on property values. In fact, the applicant states that "this (accompanying) project is anticipated to increase land values in the area by promoting the use of these new categories". Staff concurs. It would help to improve the overall character of the area and provide neighborhood serving retail and office uses to area residents. The accompanying site plan's proposed uses (retail, office, residential) have and will continue to occur on-site and within the neighboring properties. f. Whether the property is physically and economically developable under the existing zoning. The subject parcel was previously developed with commercial uses under the current zoning district. However, the one (l)-story motel is not the highest and best use of the site. Under the current zoning category, the C-3 zoning district allows for a residential density of 10.8 dwelling units per acre. However, this property, which is eligible for the Mixed-Use Low (MU-L) zoning category, would allow a residential density of up to 40 dwelling units per acre. The proposed zoning change would allow for greater flexibility in terms of use, density, setbacks, parking, and height. g. Whether the proposed land use amendment / rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The site could be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor by promoting the desired mix of uses and appearance consistent with the recommendations of the redevelopment plan. The existing property and proposed structure (shown in the site plan) is a compact unit of appropriate scale based on the corridor plan and the desire to gradually step down the height of buildings (from 150 feet) allowed in the Mixed-Use Core (MX-C) land use and Mixed-Use High (MU-H) zoning district. The proposal is consistent with the densities and development regulations established by the mixed use land use and zoning categories. This site and its project characteristic are consistent with Objective 1.13 that discourages urban sprawl by creating a compact urban area within the City and City's utility service areas. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are other vacant commercial sites that would likely accommodate the proposed uses. However, the proposed redevelopment of the subject site has the benefits of promoting the city's development and redevelopment objectives as stated in the Comprehensive Plan and downtown redevelopment plans. The Mixed-Use Low zoning district was adopted in summer 2002, in order to implement redevelopment in the Federal Highway Corridor. It is more difficult to redevelop a site rather than develop a vacant site. Therefore, redevelopment efforts should be embraced because to do so, would be consistent with many of the Objectives in the Comprehensive Plan and their subordinate policies. This current application would represent the third request for reclassification to the aforementioned land use designation and zoning district. Page 7 File Number: LUAR 05-003 Boynton Lofts CONCLUSION I RECOMMENDATIONS As indicated herein, the requested land use amendment and rezoning are consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that cannot be served by existing capacities; would not be incompatible with adjacent land uses; would further the corridor redevelopment plan 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 Agency Board or required by the City Commission, they will be included as Exhibit "C" - Conditions of Approval. S: \Planning\SHAREDI WP\PROJECTS\Boynton LoftsILUAR 05-003\Staff Report.doc ~ .. ca A. Q) U C Q) A. Boynton Lofts LUAR 05-003 SE 5th Ave .. Q) Q) .. .. en .c .. ~ w en - 225 o 37,5 75 150 ~ CG ~ .c m .- :c - CG .. Q) "a Q) II. Feet 300 D N PUBLIC SAFETY IMPACT - FIRE RESCUE BOYNTON BEACH MALL - MUVICO MSPM 05-001 QUANTUM LOT 17 NWSP 05-009 QUANTUM LOT 52 NWSP 05-010 NEPTUNE COMMERCE CENTER NWSP 05-006 BOYNTON LOFTS NWSP 05-008 GROVE PLAZA PARCEL C CO US 05-002 The proposed projects listed above will be compatible with future capabilities for fire services provided the followinq issues are adequatelv addressed: Increased population will increase the number of emergency responses. To meet the increased demand additional resources are required such as personnel, apparatus, and equipment. It is imperative that the new fire stations be completed and in service by the time these new projects are completed and occupied, and that Fire Station #5 be expedited to insure adequate service delivery levels and effective response times. Increased population, particularly densely populated areas, increases the potential for mass casualty events. Traffic congestion adversely affects response time and accessibility. These projects will increase the demand for water. The LDR requirement for an adequate water supply for fire protection must be met. This requirement calls for a hydrant flow of at least 1500 gallons per minute above the domestic use, at a minimum residual pressure of 20 psi. Flow test are required prior to the permitting of any new structures. Every added new commercial and multi-family occupancy 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, our inspection staff has remained the same. 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 critical 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. . . The City af BayMan Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 ((Y' \ (,,1" .'~~' " I ,(.; I www.boynton-beach.org . To: Peter Mazzella, Assistant Director, Utilities Nem Gomez, Interim Director of Utilities Marshall Gage, Police Chief Rodger Kemmer, Deputy Chief / Fire Marshal Jody Rivers, Parks Superintendent Cc: William Bingham, Fire Chief Wally Majors, Parks Director Laurinda Logan, Civil Engineer Rick Lee, Fire Protection Analysist John Huntington, Police Officer From: Ed Breese, Principal Planner ~ Date: 12/8/04 Re: Impacts of proposed site plan upon City facilities and services Project: Boynton Lofts File Number: NWSP 05-008 MEMORANDUM As part of the City's concurrency requirements, the City Commission directed the Planning & Zoning Division to report whether or not the City could maintain an adequate level of service with current infrastructure and / or staffing levels in order to support the proposed development. Plans for the above-mentioned project have been forwarded to your department's TRC representative for their technical review and comment. We are requesting that you review the proposed project for anticipated impacts to your department's level of service (as requested by the City Commission) and proVide use with your comments for direct insertion into our staff report. In the past, you have sent us something that indicates your current staff / infrastructure would either be able to support the proposed project or what would be required to meet the adopted level of service. Please respond no later than 2 weeks from today. Also, any recommendations that you believe that would enhance the project are certainly welcomed. I thank you for your assistance in this matter. Should you have any questions regarding the requested information, please do not hesitate to call me at 742-6260. S:\Plannlng\SHARED\WP\AGENDAS\TRC\COI'1'eSpOI1den\lmpact Analysls.doc bJ.-fY OF BOYNTON BEACH, FLORIJ1A INTER-OFFICE MEMORANDUM TO: Ed Breese, ~cipal Planner ~. J- FROM: . n ~tington, Officer Crime Prevention Unit DATE: December 22, 2004 FILE: NWSP 05-008 SUBJECT: Boynton Lofts REFERENCES: Impacts of Proposed Site Plan Upon Police Services ENCLOSURES: I have reviewed the building plans and proposed project for Boynton Lofts. The city's population had increased 28.4 % from 1990 - 2000. With the projected development throughout the city, an increase in population can be expected. Total police calls for service have increased 66.8 % from 1990 - 2000. A 12% increase in calls for service is expected due to this current growth. For the purpose of this analysis, a similar project was used as a comparison. Also, a statistical analysis was completed to show the percentage of increase of police calls for service for the selected project. The police call for service for this project comparison has shown an increase of 222% over a two year period. In relation to total calls for service to the zone, calls for service to this address represents 2% of all calls for service for the entire zone. Currently, one officer handles 10.6 % of all calls for service. Boynton Lofts and the Marina project, as well as future plans for the development of E. Ocean Ave. south to SE 5 Avenue, will have a direct impact on providing an adequate level of public service to this area. Future projects along the waterfront will increase local retail and office space and increase public traffic. These new developments will have a direct impact on future public safety issues, to include calls for service. Service requirements for the police department will be impacted greatly and the demand for more police personnel and equipment will be needed to balance the increase in population and non residential traffic into our city. Johnson, Eric From: Sent: To: Subject: Hudson, Dick (Orran) Monday, January 31,200511 :05 AM Johnson, Eric RE: Sterling Village Density is 18,6 du/ac per the Coastal Management Element of the Comp Plan (Table 21, page 67), No number of units shown, From: Sent: To: Subject: Johnson, Eric Friday, January 28, 2005 8:51 AM Hudson, Dick (Orran); Matras, Hanna Sterling Village Do we know the total number of dwelling units and project density of Sterling Village, which is located directly east of the proposed Boynton Lofts? Thanks, Eric 1