I. REQUEST CITY OF WEST PALM BEACH DOWNTOWN ACTION COMMITTEE Meeting Date: December 13, 2017 Code Revision Case No. 17-15 DMP Zoning and Land Development Regulations Amendment A City initiated request for a text amendment to the City s Zoning and Land Development Regulations Article IV, Downtown Master Plan, Section 94-105 Use requirements, Table IV-3: Permitted Use Table for DMP regarding permitted uses within the Northwest Neighborhood District. Affected properties are located within the Northwest Neighborhood District, within Commission District No. 3 - Commissioner Paula Ryan. Case Manager: Kevin Martin, Urban Design Planner Phone: (561) 822-1426 E-mail: kjmartin@wpb.org II. RECOMMENDATION APPROVAL Based on the findings that the petition meets all eight (8) of the required Amendment Standards found in Section 94-32 of the City of West Palm Beach Zoning and Land Development Regulations (Amendment Standards) (1) Consistency with the Comprehensive Plan (2) Changed conditions (3) Conformance with the City Development Code (4) Inconsistency with the existing and proposed land uses (5) Capacity of public facilities (6) Adverse impact on the natural environment (7) Adversely affects property values in the area (8) Orderly and logical development pattern III. BACKGROUND and ANALYSIS Revitalizing the Historic Northwest Neighborhood has been a focus for the City and its Community Redevelopment Agency (CRA). A number of plans and strategies have been adopted in an effort to bring the neighborhood vitality back to its historic prime. As of 2012, the neighborhood has been branded the Heart and Soul of West Palm Beach, launching multiple initiatives including the Heart and Soul Festival. The festival brings the district s stakeholders out to celebrate the historic neighborhood. CRC 17-15 - Page 1
Other revitalization strategies and projects include streetscape improvements, security initiatives, the adaptive use of the historic Alice Moore home into a Bed and Breakfast establishment, the renovation of the historic Sunset lounge, and the construction of the adjacent Jazz Park. The Sunset Lounge has been acquired by the CRA and is currently under contract for renovation. Across 8 th Street, the Jazz Park is currently under a public outreach design process, as recommended by the Northwest Neighborhood Strategic Development Plan (Stull and Lee Inc. 2002). Today, the land has been acquired; the dilapidated structures have been removed; and the parcels have been rezoned to Urban Open Space. Figure 1 shows the location of these initiatives. Figure 1: Location of Sunset Lounge Sunset Lounge Urban Open Space 7 th Street Continuing with the revitalization initiatives, the next component to establish the Jazz Park as the center of the neighborhood is to create links to the commercial corridors. Rosemary Avenue is adjacent to the open space and connects the neighborhood with the core of downtown. Tamarind Avenue connects the neighborhood to TriRail and other parts of the City. Seventh Street connects the new open space with the core of the neighborhood and Tamarind Avenue. The city envisions the transformation of the properties around the open space to become an active neighborhood node. The proposed uses will expand the activity along Seventh Street and around the open space, creating an active and safe environment. CRC 17-15 - Page 2
The proposed changes are intended to encourage the redevelopment of the Seventh Street link between Rosemary Avenue and Tamarind Avenue, in support of the revitalization strategies currently underway for the Northwest Neighborhood District. The proposed changes will only extend to Sapodilla Avenue, emphasizing the open space. Current Regulations Currently, the core of the neighborhood is zoned NWD-R-C1 (see Figure 2). The zoning classification is tailored to maintain the low-density neighborhood character. The zoning code prescribes development regulations that ensure consistency between existing structures and new construction. Regulations in place establish a variety of physical restrictions on future development including; floor-to-area ratio (FAR), height, lot coverage, setbacks, density, among others. These regulations ensure a cohesive development pattern throughout the neighborhood. The proposed changes do not amend these restrictions. Figure 2: Zoning Designations for the Northwest Neighborhood The Northwest Neighborhood District is also regulated by the Permitted Use Table established within the Downtown Master Plan (Table IV-3: Permitted Use Table for DMP). The table prescribes permitted uses that maintain the single-family character. Currently, single-family residential uses are permitted by right. Multi-family dwellings are limited to rehabilitation of structures originally constructed and legally permitted as multiple family residential structure (Section 94-105 Use Requirements). Similarly, commercial uses are permitted but restricted to existing structures as described below: Ground floor retail uses, office and other commercial uses, may be allowed in existing structures originally designed for commercial uses provided a class B special use permit is obtained. Bars, clubs, convenience stores, game arcades, and dry cleaning establishments shall be prohibited. Such structures are designed with original, distinguishing, nonresidential characteristics, such as, but not limited to, storefront windows, placement and orientation to the street, and floor to ceiling height. The special use permit shall be limited to the existing building and such structures CRC 17-15 - Page 3
shall not expand in net interior area. Residential structures with previous commercial or retail uses shall not qualify for such special use permit. Section 94-105 Use Requirements A number of commercial spaces have been restored to their historic use; the Queen of Sheba is a perfect example of the potential of such spaces. Figure 3: Queen of Sheba Restaurant Community Outreach The Northwest Strategic Development Plan prepared by Stull and Lee, Inc. in 2002 designated 7th Street as a Greenway Street identifying it as the prime connection between Tamarind Avenue, Rosemary Avenue and the proposed open space. The report also stated that 7 th Street should be different than other streets, a more special street with unique streetscape elements (Stull and Lee Inc. 2002 P. 80). Figure 4 shows a Lynch Map produced by Stull in Lee exploring the future dynamic of the neighborhood and a figure identifying 7 th Street as a Greenway. Figure 4: Stull and Lee Lynch Maps CRC 17-15 - Page 4
The RMA Reinventing Your City; Industrial Chic/Northwest Neighborhood District Market and Urban Design Analysis developed in January 2016 also identified 7 th Street as a high priority connection. The study was conducted with a public outreach process that included community meetings and events. The outreach process revealed the community s desire for mixed use development around the proposed open space and 7 th Street. The study recommends a complete redesign of the 7 th Street road section, suggesting parallel parking and a possible crossover through the FEC Railway tracks. In June of 2017, the Community Redevelopment Agency partnered with 8-80 Cities to continue the public discourse on the future of the neighborhood open space, in creative ways. The process included interviews, pop-up engagement locations, focus groups, and special events. The culmination of the process came as a Better Block Prototype. The area proposed to be the new open space and the surrounding blocks were activated with temporary installations to test community response. The program introduced multiple elements including a playground, seating, shade, art, music. The community responded positively and was energized by the potential of the space. Stakeholders were able to envision a vibrant park with active uses all around. The CRA and 8-80 Cities partnership produced the Historic Northwest Rising Final Report. The report identifies a number of community goals and initiatives and organizes action areas. Pertaining to the open space and 7 th Street, the plan recommends activation of the edges. 5c. Activate the Edges The open space is bordered by the Sunset on the northern side, low-density housing on the southern and western sides, and the railroad tracks on the eastern side. There are few eyes on the street that would otherwise provide some sort of surveillance. This creates safety issues for both those travelling to/from the Sunset area as well as for those using the space. The CRA should explore ways to activate the lots around the Sunset with businesses and other active uses, to increase the number of eyes on the street throughout the day. Community members have called for more restaurants, shops, grocery stores, and job service centers in the neighborhood, all of which would complement the redevelopment of the Sunset Lounge area. - Historic Northwest Rising Final Report On November 4, 2017, the Community Redevelopment Agency engaged the community specifically on the possible changes to 7 th Street. The agency presented alternative uses that could be located on the corridor to provide an opportunity for residents to vote on proposed changes. The community was also asked to identify other uses that would be appropriate for the area. As seen on Figure 5, a variety of uses where well received and voted for. CRC 17-15 - Page 5
Figure 5: Community Votes on Proposed Uses Use Votes Clothing Boutique 24% Hair/Nail Salon 20% Yoga/Fitness Studio 18% Restaurant/Bakery 16% Professional Offices 12% Convenience Store 8% Other Ideas Laundromat Art/music cultural Grocery store Dollar store Sports bar lounge Bank Police station Resource center computers IV. PROPOSED CHANGES In an effort to implement community goals, staff is recommending an amendment to the permitted uses for the Northwest Neighborhood District. The proposal conserves all of the physical requirements for new construction, maintaining the character of the historic neighborhood. The Northwest neighborhood is listed on both the local and national register of historic places, all exterior modifications are already subject to design review. The amendment expands the permitted uses for properties zoned NWD-R-C1; fronting the open space and 7 th Street, east of Sapodilla Avenue. The map below (Figure 6) identifies those properties. Figure 6: Properties Affected by the Proposed Amendment CRC 17-15 - Page 6
This amendment proposes allowing retail, restaurant, and office uses by right. This is similar to current regulations but the commercial uses are not limited to existing structures originally designed for commercial uses and such uses will not require a class B special use permit. Additionally, bed and breakfast establishment will be allowed as a permitted use for projects rehabilitating existing structures. The proposed text amendment to the Zoning and Land Development Regulations is provided in ATTACHMENT I Proposed ZLDR Text Amendment. By maintaining the physical development regulations and expanding the permitted uses, new construction will build on the character of the neighborhood while activating the open space. Historically, the neighborhood included a variety of commercial uses throughout the neighborhood; this amendment allows the organic development of the urban district. With that goal in mind, the CRA has begun an initiative to rehabilitate structures along 7 th Street, providing small retail spaces to activate the area. Figure 7: Examples of adaptive reuse structures into small commercial use in urban neighborhoods CRC 17-15 - Page 7
Section 94-32 Amendment Standards In reviewing a proposed amendment, Section 94-32 of the City s Zoning and Land Development Regulations (ZLDR) requires that the Planning Board consider all of the following: 1. Whether the proposed amendment is consistent with all elements of the City of West Palm Beach Comprehensive Plan; The proposed amendment is consistent with the Comprehensive Plan, which encourages the development of commercial and residential properties while respecting the scale and character of the neighborhood. 2. Whether there exist changed conditions which require an amendment; In the last years the City and the CRA have worked on an aggressive strategy to revitalize the neighborhood core. One of the projects identified was the acquisition of the Sunset lounge and its renovation as a jazz club. The CRA recently completed the purchase of the club, as well as the properties immediately south. The intention is to restore the historic building and re-establish the Sunset Lounge as an important concert venue for the community. Along with it, the CRA is proposing the construction of the Jazz Park on the properties between 7th Street and 8th Street, Rosemary Avenue and Henrietta Avenue. The construction of the Jazz Park was identified by the Stull and Lee Report as an important item of the revitalization of the Northwest Neighborhood. Along with these interventions, the revitalization of 7 th Street is fundamental to connect the neighborhood with the commercial corridors (Tamarind and Rosemary Avenues) and the core of Downtown. The proposed changes will facilitate the connection. 3. Whether the proposed amendment is in conformance with all applicable portions of the City Development Code; The proposed amendment is consistent with the City Code. 4. Whether and the extent to which the proposed amendment is inconsistent with existing and proposed land uses; The proposed amendment is consistent with existing and proposed land uses, the additional uses to be allowed along 7 th street are consistent with the neighborhood s historic character and are currently found throughout the neighborhood. 5. Whether and the extent to which the proposed amendment would exceed the capacity of public facilities, including but not limited to transportation, sewerage, water supply, parks, fire, police, drainage, schools, and emergency medical facilities; CRC 17-15 - Page 8
The proposed amendment will have no impact on public services and facilities. 6. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment; The proposed amendment will not impact the natural environment. 7. Whether and the extent to which the proposed amendment would adversely affect property values in the area; The proposed amendment will not adversely affect the property values in the area. To the contrary, additional commercial activity will increase property values throughout the area. 8. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern, and the specific identification of any effects on such pattern. Historically, the Northwest Neighborhood housed a number of commercial uses throughout the area. Most of the commercial activity was centered along Rosemary Avenue and Tamarind Avenue; however, most intersections within the core of the neighborhood also provided commercial uses. This remains true today with various commercial uses throughout. The proposed amendment adds to the vitality of an urban neighborhood, introducing a mix of uses that respect the scale and character of the neighborhood. Prepared and respectfully submitted by, Kevin J. Martin Urban Design Planner CRC 17-15 - Page 9
ATTACHMENT I Proposed ZLDR Text Amendment All underlined text is added, and all text that is strike-through is deleted. Both the Downtown Action Committee and the Planning Board are asked to make recommendations regarding this amendment. Sec. 94-105. - Use requirements. (d) Permitted use tables. * * * * * * * (1) Permitted use tables. Permitted uses in each planning area are listed in the permitted use tables: Tables IV-1, IV-2, and IV-3. Additional requirements for specific uses may be found in section 94-106 and/or the district regulations for each planning area. Uses in the permitted use tables are classified as follows: a. Uses permitted by right (P). Uses allowed throughout a subdistrict as a matter of right, subject to all applicable provisions of this chapter. These uses are designated "P" in Tables IV-1, IV-2, and IV-3. b. Uses permitted with additional requirements and restrictions (P+number). Uses allowed throughout a subdistrict only with the additional requirements and restrictions indicated by the specific permitted use symbol (P+number) in the permitted use tables, Table IV-1, IV-2, and IV-3, and subject to all applicable provisions of this chapter. The permitted use symbols correspond to the following additional requirements and restrictions: * * * * * * * P6 Ground floor retail uses, office and other commercial uses, may be allowed in existing structures originally designed for commercial uses provided a class B special use permit is obtained. Bars, clubs, convenience stores, game arcades, and dry cleaning establishments shall be prohibited. Such structures are designed with original, distinguishing, nonresidential characteristics, such as, but not limited to, storefront windows, placement and orientation to the street, and floor to ceiling height. The special use permit shall be limited to the existing building and such structures shall not expand in net interior area. Residential structures with previous commercial or retail uses shall not qualify for such special use permit. Retail uses, office, and other commercial uses shall be permitted by right for properties fronting 7th Street, between Rosemary Avenue and Sapodilla Avenue; and properties fronting Henrietta Avenue, south of alley located between 8th Street and 9th Street. Bars, clubs, convenience stores, game arcades, and dry cleaning establishments shall not be permitted anywhere within the NWD-R-C1. * * * * * * * CRC 17-15 - Page 10
P11 Bed and breakfast establishments shall be limited to the rehabilitation of existing structures. In the NWD-R-C1 subdistrict, Bed and breakfast establishments shall be limited to the rehabilitation of historically contributing structures. * * * * * * * TABLE IV-3: PERMITTED USE TABLE FOR DMP USE BRELSFORD PARK DISTRICT PLANNING AREA Residential Enclave NORTHWEST NEIGHBORHOOD DISTRICT PROVIDENCIA PARK DISTRICT 5 R 8 5 4 2 2C R PO R RESIDENTIAL Ground Floor Residential P1, P3 P P P P P P P P Multiple Family Dwelling P P P P P P P P4 --- --- Live/Work P P7 P P P P P --- P --- Single Family Dwelling --- P P P P P P P P P Outbuilding --- P --- P P P P P P P COMMERCIAL Ground Floor Retail P --- P P8 P8 P8 P8 P6, --- --- Office P P P P P P P P6, P10 --- Hotel P --- P P P --- --- --- --- --- Bed and Breakfast P P11 P11 P11 P11 P11 P11 P11 --- --- Restaurant P --- P P12 P12 P12 P8 P6 --- --- P7, P Other Commercial P, P19 P17 P8 P8 P8 P8 P6 --- --- PARKING Structured Parking as P13 --- Primary Use --- --- --- --- --- --- --- --- Surface Parking as P15 --- Primary Use --- P15 P15 --- --- --- --- --- Off-site Accessory Surface P18 P16 Parking P18 P18 P18 --- P16 P16 P16 --- CRC 17-15 - Page 11