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REVIEW COMMENTS NEW BUSINESS 7.A.l SOUTHERN DANCE STUDIO (ANEX 06-001) ANNEXATION TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 06-006 STAFF REPORT Chair and Members Planning and Development Board Hanna Matras Planner rt\ttU Michael W. Rumpf Director of Planning and Zoning January 5, 2006 Southern Dance Theatre ANEX 06-001 & LUAR 06-001 To annex the property; to amend the Future Land Use designation from the Palm Beach County's CH/8 (Commercial High Intensity with underlying High Residential 8) to LRC (Local Retail Commercial) and rezone from Palm Beach County's Agricultural Residential (AR) to Community Commercial (C-3). Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPTION Southern Dance Theatre, Inc., Penni A. Greenly, Managing Member Southern Dance Theatre, Inc./Miller Land Planning Consultants, Inc. 1203 Knuth Road (Exhibit "AIT) ::!::0.92 acres CH/8 (Palm Beach County) AR (Palm Beach County) LRC (Local Retail Commercial) C-3 (Community Commercial) Recreational Instruction/Commercial Retail File Number: LUAR 06-001-ANEX 06-001 Southern Dance Theatre Adjacent Uses: North: Developed commercial property (Stor All), designated OC (Office Commercial) and zoned C-l (Office Professional). South: Developed commercial property (Walmart Supercenter's retention pond) designated LRC (Local Retail Commercial) and zoned C-3 (Community Commercial). East: Developed commercial property (Walmart Supercenter's parking lot) designated LRC (Local Retail Commercial) and zoned C-3 (Community Commercial). West: Right-of-way of Knuth Road, then a property in unincorporated county developed with a single-family home with the Palm Beach County's land use designation of High Residential 8 and the County's zoning of AR (Agricultural Residential). EXECUTIVE SUMMARY Staff recommends approval of the requested annexation, land use amendment and rezoning for the following reasons: 1. The request is consistent with the objectives of the City's annexation program; 2. Annexation of the subject property will eliminate a pocket of an unincorporated county area surrounded on three sides by the City boundary; 3. The proposed zoning is generally compatible with adjacent land uses; 4. The impacts on public infrastructure and services are not significant and can be accommodated with the existing capacity; 5. Although the request is not consistent with two Comprehensive Plan policies, the said policies have been examined and, given the time elapsed since the underlying studies, deemed no longer relevant; and 6. The application meets review criteria as required by the Land Development Regulations. PROJECT ANALYSIS The subject parcel totals :t 0.92 acres. Because of the size of the property, 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 and regional plans prior to adoption. 2 File Number: LUAR 06-001-ANEX 06-001 Southern Dance Theatre The parcel, at present vacant, has a county's land use designation of CH/8, Commercial High with an underlying residential density of 8 units per acre (the property's zoning of Agricultural Residential is inconsistent with the CH/8 land use). The HC/8 designation, which encompasses community and regional commercial land uses, allows for a higher commercial development intensity than the requested city's land use of Local Retail Commercial: a maximum FAR (f1oor- area ratio) of 0.85 (depending on the zoning district, and with an exception up to 1.0) as opposed to a maximum FAR of 0.5 for the city's Local Retail Commercial. At the other hand, the CH/8 underlying residential density of 8 dwellings per acre is lower than the permitted maximum of 10.8 dwelling units per acre in LRC. Therefore, the overall intensities of land uses permitted under the current county's CH/8 and the proposed city's LRC designations are comparable. 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. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a requirement that all new residential developments of more than 50 units, which are located in the Hurricane Evacuation Zone, will provide continuing information to residents concerning hurricane evacuation and shelters through the establishment of a homeowners' or residents' association. 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 review of the proposed land use amendment against the City of Boynton Beach Comprehensive Plan focuses on two policies in the Land Use Element which discourage all changes of land use and zoning that would bring additional commercial uses. These are: 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 1.19.6 The City shall not allow commercial acreage which is greater than the demand which has been projected, unless it can be demonstrated that the additional commercial acreage would not require the proportion of commercial acreage on the City's Future Land Use Map to exceed the proportion of commercial acreage on the Palm Beach County Future Land Use Map. The City shall not allow commercial unless a particular property is unsuitable for other uses, or a geographic need exists which cannot be fulfilled by existing commercially-zoned property, and the commercial use would comply with all other applicable comprehensive plan policies. 3 File Number: LUAR 06-001-ANEX 06-001 Southern Dance Theatre Policy 1.17.1 stems from the general objective of preventing and minimizing land use conflicts; the relevance of this issue in the context of the proposed amendment will be addressed in the next section. The foundation of policy 1.19.6 is the commercial demand analysis performed in 1989. Clearly, market conditions have changed, and so have the city's ideas about its future. In particular, concerns about depleting the residential land inventory through re-designations to commercial or industrial uses lost some of its validity as increased densities in many locations can accommodate population growth. Moreover, commercial uses create employment and, since their demand for city's services is lower than the demand generated by residential uses, they contribute significantly to the tax base and their net fiscal impact is always positive. There are no other Comprehensive Plan policies applicable to the proposed amendment. However, protection of residential neighborhoods, the chief intent of the above mentioned Policy 1.17.1, is further reflected in a recommendation contained in Section VIII of Land Use Problems and Opportunities of the Future Land Use Support Document. This section, initially adopted into the Comprehensive Plan with the objective of directing development and redevelopment activities in nine (9) planning areas within the city, has at present advisory purpose. Nonetheless, since the said recommendation and Policy 1.17.1 share the same premise, and, moreover, the recommendation pertains specifically to the future land use of the subject parcel, staff will bring it to address the issue of potential land use conflicts in the context of the proposed rezoning. The subject property is located in planning area 7f. The recommendation reads: 7.f. IncorDorated and UnincorDorated Parcels Bounded bv Congress A venue, Old Bovnton Road Knuth Road, and L W.D.D. L -24 Canal (..) In order to minimize land use conflicts with the residential land uses which lie to the west;. those parcels which abut the east side of Knuth Road should be placed in the Office Commercial land use category. The City should require that commercial development of these properties includes the provision of adequate buffers to protect the residential land uses which lie to the west. High Density Residential or mixed-use residential and commercial development should be considered to be an alternative land use, if roadway capacity proves to be a problem. Residential densities up to 10.8 dwelling units per acre would be permitted in this case. The requested land use category of Local Retail Commercial allows for a higher intensity commercial development than the above recommended use of Office Commercial. A request for the latter category would entail the C-2 neighborhood commercial zoning district, which permits the proposed use of recreational instruction, but restricts gross floor area of such uses to 5,000 square feet. Since the instruction component of the proposed project is planned at approximately 8,000 square feet (the site plan is being processed concurrently), the LRC land use designation and C-3 zoning district, which allows the use without restrictions, is needed to accommodate the request. The C-3 Community Commercial District does permit a number of intensive retail commercial uses. However, the subject parcel, given its poor visibility and accessibility, is an unsuitable location for such uses. It can also be argued that the magnitude of potential land use impacts upon the residential uses along the west side of Knuth Road would be limited by both the parcel size and the pattern of residential developments. Of these developments, the Village of 4 File Number: LUAR 06-001-ANEX 06-001 Southern Dance Theatre Oakwood West condominium located on the south-west corner of Boynton Beach Boulevard and Knuth Road has no access from Knuth Road and a setback of approximately 80 feet and the assisted living facility HCR Manor Care located to the north-west of the subject property has access from Knuth Road but its setback from the road is over 330 feet. In terms of potential land use conflicts, the main concern is thus two lots located directly west from the subject parcel, both currently in unincorporated county and classified High Residential 8. One is currently vacant, while the other is developed with a single-family home and has recently been purchased by a commercial entity. The parcels can potentially be assembled and redeveloped with a multifamily residential use. Finally, the applicant has agreed to a deed restriction limiting uses of the subject parcel if deemed necessary. 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 not constitute a grant of special privilege to the property owner. It would not be contrary to the established land use pattern, as the adjacent Walmart property is similarly classified, but its potential relatedness to the surrounding land uses is limited, primarily by the property's small size and limited accessibility. c. Whether changed or changing conditions make the proposed rezoning desirable. Favorable real estate market conditions continue to provide strong development and redevelopment incentives. Since the property is being annexed, it must be assigned the City of Boynton Beach land use and zoning designations. If the property were to remain within the county, any development proposal with the possible exception of a single-family home would also trigger rezoning, due to the inconsistency between the current land use and zoning district. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Since the proposed land use designation of Local Retail Commercial has a potential intensity comparable to the current county designation, there would be no change to potential impacts on road facilities. In this situation, no long-term traffic analysis is required by the county. Traffic concurrency analysis, which evaluates the project's conformance with the County's Traffic Performance Standard Ordinance, has been submitted and will be revised as part of the site plan review. The Utility Department staff has advised that the sufficient potable water and sewer capacity exists to serve the property at the proposed zoning. Likewise, according to the Fire Department there are no capacity issues in meeting the demand for fire and rescue services generated by uses permitted under the proposed zoning. The soon-to-be completed Fire Station #2 on Woolbright Road is located about 1.25 mile away from the subject property. The Police Department staff indicated that the capacity exists to provide adequate service to all uses for the proposed zoning. 5 File Number: LUAR 06-00l-ANEX 06-001 Southern Dance Theatre 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 would not create significant land use conflicts with the current and future uses of adjacent and nearby properties (for compatibility discussion, see criterion 'aj. It would therefore be highly unlikely for the proposed rezoning to affect the property values of adjacent properties. f. Whether the property is physically and economically developable under the existing zoning. The property is being annexed and must be assigned the City of Boynton Beach land use and zoning district. It is not economically developable under the existing Palm Beach county zoning. Its only possible use would be a single family home, clearly not the highest and best. 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 scale of the proposed rezoning is small; it has no impact on the city as a whole. As stated in 'd', its potential relatedness to the surrounding land uses and therefore to the needs of the neighborhood is limited. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. This criterion pertains mainly to rezonings within the city's boundary. The subject property is being annexed and therefore would require a City of Boynton Beach land use classification and zoning district. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the objectives of the City's annexation program; the proposed zoning is generally compatible with adjacent land uses; and the impacts on public infrastructure and services are not significant and can be accommodated with the existing capacity. Finally, although the request is not consistent with two Comprehensive Plan policies, the said policies have been examined and, given the time elapsed since the underlying studies, deemed no longer relevant. 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". S:\Planning\SHARED\WP\PROJECTS\Southern Dance Theatre\LUAR\STAFF REPORT 5 Dance Theatre.doc 6 EXHIBIT A LOCATION MAP Southern Dance Theatre: ANEX 06-001 and LUAR 06-001 I II r L-----o4 BOYNTON RD ~ ~/(\1< !\~ I I~ I \,~ ) Site I t.. .~.. 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