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Ord 54-01ORDINANCE NO. 54431 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", PARAGRAPH (15); AND SUBSECTION (I), "PERFORMANCE STANDARDS", PARAGRAPH (1), TO CLARIFY WHERE RESIDENTIAL DEVELOPMENT EXCEEDING THIRTY UNITS PER ACRE IS ALLOWED AS A CONDITIONAL USE; AND BY AMENDING SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT- RAILROAD CORRIDOR (CBD-RC) DISTRICT, SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY ENACTING A NEW PARAGRAPH (5), TO ALLOW MULTI.FAMILY DWELLING UNITS AT A DENSITY GREATER THAN THIRTY UNITS PER ACRE AS A CONDITIONAL USE WEST OF THE FEC RAILROAD BETWEEN N.E. 2ND STREET AND N.E. 3RD STREET; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on September 24, 2001 and voted to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", Subsection (D), "Conditional Uses and Structures Allowed", Sub-Subsection (15) of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (15) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and limitations of Section 4.4.13(1). Section 2. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", Subsection (I), "Performance Standards", Sub- Subsection (1), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Performance Standards. These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than thirty (30) dwelling units per acre. (1) Strcct. The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E), and other applicable standards of the comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. Section 3. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.28, "Central Business District- Railroad Corridor (CBD-RC) District", Subsection (D), "Conditional Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting a new Sub-Subsection (5), to read as follows: (D) Conditional Uses and Structures Permitted: The following uses are allowed as conditional uses within the CBD-RC zoning district: 2 ORD. NO. 54-01 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM /0. A ' - REGULAR MEETING NOVEMBER 20, 2001 ORDINANCE NO. 54-01 {AMENDMENT TO LDR SECTION 4,4,28{D) AND 4.4.13(D) AND (I)) NOVEMBER 16, 2001 This is second reading and second public hearing for Ordinance No. 54-01 amending LDR Section 4.4.28(13) and 4.4.13(13) and (I) to allow multi-family dwelling units at a density greater than thirty 00) units per acre, as a conditional use m the CBD-RC (Central Business District - Railroad Corridor) Zoning District, between NE 2na Street and NE 3~ Street. On November 6'h at the first public hearing there was public testimony both in support of and in opposition to the request. The testimony in opposition to the request related to concerns with increased density, height, and traffic. Most of the testimony in support of the request was with the caveat that the existing performance standards be strengthened, that the Pineapple Grove Design Guidelines be incorporated in the LDR's, and that there be a density cap. Commission voted unanimously in favor of Ordinance No. 54-01 on first reading/first public heating on November 6, 2001. Recommend approval of Ordinance No. 54-01 on second reading/second public heating, based upon the findings and recommendations of the Planning and Zoning Board. RefiAgmemol 4.Ord.54-01.11.20.01 TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION-~ ~ DA/~~~ R~~z~Y MANAGER PKUL DORLING, DI~(_~;OR OF PLA~ JEFFREY A. COSTELLO, PRINCIPAL I~I~NER MEETING OF NOVEMBER 6, 2001 CONSIDERATION OF AN AMENDMENT TO LDR SECTION 4.4.28(D) AND 4.4.'13(D) & (I) TO ALLOW MULTI-FAMILY DWELLING UNITS AT A DENSITY GREATER THAN THIRTY (30) UNITS PER ACRE, AS A CONDITIONAL USE IN THE CBD-RC (CENTRAL BUSINESS DISTRICT - RAILROAD CORRIDOR) ZONING DISTRICT, BETWEEN NE 2ND STREET AND NE 3R~ STREET. At its meeting of October 2, 2001, the City Commission considered the privately-sponsored LDR text amendment to allow residential densities to exceed thirty (30) units per acre as a conditional use within the CBD-RC zoning district in the area located west of the FEC Railroad, between NE 2® and NE 3rd Streets, which is within the Pineapple Grove Main Street area. There was public testimony both in support of and in opposition to the request. Most of the testimony in support of the request was with the caveat that the existing performance standards be strengthened, that the Pineapple Grove Design Guidelines be incorporated into the LDRs, and that there be a density cap The testimony in opposition to the request related to concerns with increased density, traffic, massing, and height. A member of the public also felt it was inappropriate to allow individual requests to modify the Land Development Regulations. The Commission discussed the proposal and was concerned with approving the ordinance on first reading without reviewing the changes proposed by Pineapple Grove Main Street. Some of the Commissioners supported a density cap while others did not support a cap and felt the density should be based on the design, compatibility, and compliance with the performance standards. As the Commission felt there would be significant changes to the ordinance, the Commission den~ed the proposed ordinance on first reading. Pineapple Grove Subsequent to the City Commission meeting, staff met with Pineapple Grove representatives. After reviewing the current development standards, performance standards and the development review process, there was consensus that the existing performance standards sufficiently address their concerns. They were also made aware that developments proposed within the Pineapple Grove area are currently reviewed with regard to consistency with the Neighborhood Plan, ~nclud~ng the design guidelines. However, ~n order to ensure adequate review by Pineapple Grove, language has been added to the ordinance that requires the Pineapple Grove Design Review Committee review the proposal for consistency with the Pineapple Grove Neighborhood Plan and the Performance Standards, prior to consideration of the request by the Planning and Zoning Board. A letter from Pineapple Grove supporting the text amendment is attached Density Cap With regard to a density cap, the design of the development, consistency with the Pineapple Grove Neighborhood Plan and performance standards, should determine the density of a particular project. Placing a density cap may be somewhat arbitrary and may force the design of the project and type of product (i e. ownership vs rental). It is imperative to allow some flexibility in these circumstances. City Commission Documentation Meeting of November 6, 2001 LDR Amendment to Allow Multi-family Dwelling Units at a Density Greater than 30 Units Per Acre in the CBD- RC Zoning D~strict Page 2 Traffic The affected area as well as the balance of the central business district is located within a designated Transportation Concurrency Exception Area (TCEA). The TCEA was sought to allow development to levels that would exceed traffic concurrency levels of service. This was based in part on the unique characteristics of a downtown area i.e. compact development which does not allow conventional methods of concurrency mitigation i.e. widening of roads. Therefore, downtown traffic congestion will result from a successful development of a TCEA exception area. This designation was granted by the State in 1995, based in part on the City's extensive grid street system and has been used as a tool to promote redevelopment and revitalization of the downtown area, and discourage urban sprawl. In reviewing the potential traffic impacts related to this development proposal, it ~s noted the CBD-RC zoning district allows retail, office, light industrial, and residential uses. Development of the site with retail uses will generate three bmes the traffic of a residential development of 150 units. Development as an office use would generate slightly less than a residential use (150 units), while industrial uses would generate approximately 1/3 of the trips. Attached is a letter from Del~Ida Park Homeowners Association requesting deferral of this amendment pending a traffic study. Additional background and a complete analysis of the request are found in the attached Planning and Zoning Board staff report. By motion, approve on first reading the attached amendments to LDR Sections 4.4.28(D)(5) (Conditional Uses and Structures Allowed) and the associated amendments to LDR Sections 4.4.13(D)(15) and (I)(1), based upon the findings and recommendations of the Planning and Zoning Board, setting a public hearing date of November 20, 2001. Attachments' Letter of support from Pineapple Grove Main Street Letter from Del-Ida Park Homeowners Association Ordinance by Others P&Z Staff Report and Documentation of September 24, 2001 Performance Standards [LDR Section 4.4 13(I)(2) &(3) ORDINANCE NO. 54-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", PARAGRAPH (15); AND SUBSECTION ~, "PERFORMANCE STANDARDS", PARAGRAPH (1), TO CLARIFY WHERE RESIDENTIAL DEVELOPMENT EXCEEDING THIRTY UNITS PER ACRE IS ALLOWED AS A CONDITIONAL USE; AND BY AMENDING SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC) DISTRICT, SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY ENACTING A NEW PARAGRAPH (5), TO ALLOW MULTI-FAMILY DWELLING UNITS AT A DENSITY GREATER THAN THIRTY UNITS PER ACRE AS A CONDITIONAL USE WEST OF THE FEC RAILROAD BETWEEN N.E. 2ND STREET AND N.E. 3RD STREET; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on September 24, 2001 and voted to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", Subsection (D), "Conditional Uses and Structures Allowed", Sub-Subsection (15) of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (15) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and limitations of Section 4.4.13(T). Section 2. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", Subsection (I), "Performance Standards", Sub-Subsection (1), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (z) Performance Standards. These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than thirty (30) dwelling units per acre. (1) ~'"'~ ""~' "'~ q '- ')"'~, q*'"'~*, . The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E), and other applicable standards of the comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. Section 3. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.28, "Central Business District - Railroad Corridor (CBD-RC) District", Subsection (D), "Conditional Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting a new Sub-Subsection (5), to read as follows: (D) Conditional Uses and Structures Permitted: The following uses are allowed as conditional uses within the CBD-RC zoning district: 2 ORD. NO. 54-01 (5) Multi-family dwelling units, excluding duplexes, at a density greater than thirty ('30) units per acre, in the area located west of the FEC Railroad, north' of NE 2n(~ Street and south of NE 3rd Street, subject to the standards and limitations of LDR Section 4.4.13 (T). In addition, development must be consistent with the Design Guidelines contained within the Pineapple Grove Main Street Neiqhborhood Plan. The Pineapple Grove Design Review Committee shall review the project for consistency with the Performance Standards and compliance with the Pineapple Grove Neiqhborhood Plan prior to consideration of the Conditional Use by the Planninq and Zoning Board. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. the PASSED AND ADOPTED in regular session on second and final reading on this ~ day of ,200__ ATTEST: MAYOR City Clerk First Reading. Second Reading 3 ORD. NO. 54-01 October 12, 2001 Pineapple Grove Main STreet, Inc. A Florida Main Street Program for Delray Beach 298 NorTheast Pineapple Grove Way · Delray Beach · Florida 33a.'I~. phone (561) 279-9952 · fax (561) 279-0108 Honorable Mayor and City Commission City of Delray Beach 100 N. W. 1St Avenue Delray Beach, Florida 55444 This letter is to inform you of the Executive Committee's approval for the unlimited density criteria proposed for the RC district of Pineapple Grove. We feel, that just as in the rest of the urban corridor of Delray Beach, we need to encourage additional residential development. Having said that, however, we would like to control that which is designed to be compatible with our district. To that end, we are in agreement with Planning and Zoning and th~ CRA to include the Pineapple Grove Design Standards and the ability for the design committee to review the project for consistency with Performance Standards and compliance with our Neighborhood Plan. We have looked at the other standards that are required in CBD-RC and feel there are sufficient safe guards to provide for a contextual, harmonious and appropriate building design with the implementation of the Pineapple Grove Design Standards. Our design committee will be looking to achieve certain goals within a height limitation of 48' and a variation of roof elevations and a play of the facade setbacks. Additional landscaping and open space, particularly exterior to the site, careful adherence to appropriate matenai selection, coior, details and maintaining our Fioribbean character will be determinant factors. Simply stated, in order to achieve an increase in densit3,, special attention to consideration of these design criteria must be met. ~ R~~submitted, ~do ~C~~ President Del Ida Park Neighborhood Association, Delray Beach, Florida October 25, 2001 To~ Mayor David Schmidt City Manager David Harden Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner JeffPerlman Commissioner Jon Lemon Senior Planner Paul Dorling Re: Proposed Amendment to the Land Development Regulations regarding density increases in the CBD-RC Zoning District Dear Sir/Madame: The Del Ida Park Neighborhood Association is unanimously opposed to any LDR language change in the CBD-RC District and urges you to vote NO. While we support and encourage development in our neighborhood and the city, we wish it to be done responsibly and with great care and thought as to the greater implications. It is our belief that significant changes to the language of any plan, regulation or ordinance should, first of all, only be undertaken after a comprehensive review and analysis of the very serious issues which such changes would inevitably raise (reasonable growth, density, crime, traffic, environmental impact, emergency management, precedent, architectural homogeneity, scale and height). Secondly, we recommend that such significant changes be approved on real proposals, not conceptual, as in this particular case. Thirdly, we encourage the requirement of an integrated planning, zoning and impact assessment of any proposal on the physical neighborhoods and the greater city itself, before any significant language is changed. Language changes based on "spot" zoning would be short-sighted and irresponsible, and there is too much at stake. Let us not plant trees yet lose sight of the forest. Sincerely, Sarah B. Greeley President 'RECEIVE6 CITY CLERK Del Ida Park Neighborhood Association, Delray Beach, Florida October 31, 2001 To: Mayor David Schmidt City Manager David Harden Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner JeffPerlman Commissioner Jon Levinson Senior Planner Paul Dorling City Engineer Randal Krejcarek Re: Proposal for requirement of an in-depth traffic analysis for CBD-RC prior to passage of the Proposed Amendment to the Land Development Regulations regarding density increases in the CBD-RC Zoning District Dear Sir/Madame: During a recent meeting, Randal Krejcarek, City Engineer informed me that the emire CBD-RC Zoning District falls within the Transportation Concurrency Exception Area as designated in the Comprehensive Plan (see attached) - in other words, no traffic analysis is currently required. He also showed me the Comprehensive Plan's 2015 Operating Conditions Prior to Programmed Improvements diagram (see attached), which demonstrates that the East-West and North-South access routes in and around the CBD- RC area are currently graded in the C to F range in terms of their operational efficiency. The Del Ida Park Neighborhood Association requests that the City of Delray Beach conduct an in-depth traffic impact analysis in the CBD-RC District before any decision is made to increase the density by amending the LDR Regulations. We believe that any density increase of this district will overburden its narrow streets and those serving the area for residents, workers, visitors, police, fire and other emergency personnel. Thank you for your consideration of this matter. Sincerely, Sarah B. Greeley enclosures (2) BOY~TCN B£AC*'; I II ! II I III ATLA~'r~C l mmm i BOU~VARO C~TY 0~' [ BC,CA R~ TON 999 TRANSPORTATION £ON£LIRR£NCY £X£EPTION AREA IT.£.£.A./ MAP #9 LEGEND. PLANNING Cliff U~ITS FL - 52 ~URC[ ~UT~ ~fllNO 2015 OPERATIN~ ~ONDITION5 PRIOR TO PRO;RAMMED IMPROVEMENT5 ~SED 3/2/99 C~ OF DEL~Y ~H ~ - 8L ~ - 2L ON[-WAY ~- NO~ ~OWN IN 2015 *~- ~R~[NT INCLU~D P~NI~ ~ ZONING OEP% ~- eL ~- 2L C~N~ ~[L ~N 2015 P~ I III III TR - 34 MEETING DATE: SEPTEMBER 24, 2001 AGENDA ITEM: ilI.F. - AMENDMENT TO LDR SECTION 4.4.28(D) TO ADD MULTI-FAMILY DWELLING UNITS AT A DENSITY GREATER THAN THIRTY (30) UNITS PER ACRE, AS A CONDITIONAL USE IN THE CBD-RC (CENTRAL BUSINESS DISTRICT - RAILROAD CORRIDOR) ZONING DISTRICT. The item before the Board is that of making a recommendation to the City Commission regarding an LDR amendment to Section 4.4.28(D) Central Business District - Railroad Corridor (CBD-RC) zoning district, Conditional Uses and Structures Allowed, to add "Multi- family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, in the area located west of the FEC Railroad, north of NE 2nd Street and south of NE 3rd Street, subject to the standards and limitations of Section 4.4.13(I)", pursuant to LDR Section 2.4.5(M). ~ Pursuant to Section 1.1.6, an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The City's Comprehensive Plan encourages increased densities in the downtown area to provide a sustainable downtown. In 1995, the LDRs (Land Development Regulations) were amended to allow residential densities up to a maximum of thirty (30) units per acre as a permitted use in the CBD and CBD-RC zoning districts, in 1998, the LDRs were amended to allow residential development at a density greater than thirty (30) units per acre as a conditional use within portions of the CBD district. The amendment also added standards and limitations, which would need to be met to increase the density above 30 units per acre. The CBD-RC (Central Business District - Railroad Corridor) zoning district was created in 1995 to allow for development of light industrial type uses on properties that are in the downtown area. The purpose of the corridor is to recognize the long-standing light industrial character of the FEC railroad corridor and to enhance the-economic growth of the central business district by providing employment opportunities in the downtown area. Within the CBD-RC zoning district (by reference to the CBD zone district), multi-family dwelling units up to 30 units per acre are allowed as a permitted use. Although, residential densities greater than 30 units per acres are allowed as a conditional use, Iocational restrictions do not allow them in the portion of the CBD-RC, north of NE 2nd Street. A privately-sponsored LDR text amendment has been submitted to allow residential densities to exceed thirty (30) units per acre as a conditional use within the CBD-RC zoning district in IlI.F. Planning and Zoning Board Staff Report LDR Amendment to allow Multi-Family dwelling units at a density greater than 30 units per acre in the CBD-RC Zoning District Page :2 the area located west of the FEC Railroad, between NE 2"d and NE 3rd Streets. The applicant's rationale for the change is as follows: The redevelopment of the Pineapple Grove Main Street area would be greatly enhanced by increased residential development in the immediate area. Currently, the Atlantic Avenue corridor is supported by a residential border that allows increased density. Since the zoning code provision allowing this higher density border around the Atlantic Avenue corridor was adopted, Pineapple Grove Way has begun evolving into the unique retail, cultural and educational 'area envisioned in the Vision Section of the "Neighborhood Plan for 'Main Street' in the Grove". The same rationale that supports the increased density currently allowed adjacent to the Atlantic Avenue corridor applies equally to the Pineapple Grove corridor. Residential development provides the pedestrian traffic required for the economic viability of the corridor. Increased density provides the opportunity for more people to patronize the establishments of the Pineapple Grove Main Street area and the rest of downtown and allows additional housing opportunities for people that work in the area. The "Neighborhood Plan for 'Main Street' in the Grove" states that the "Plan's general intent is to afford Pineapple Grove Way the s~ame opportunities as Atlantic Avenue by giving Pineapple Grove the same [zoning] tools'; Therefore, the same rationale that supports the currently allowed higher density border along Atlantic Avenue supports the higher density along the Pineapple Grove Main Street corridor. The request is to allow multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre as a conditional use in the CBD-RC zoning district. Staff is also recommending minor changes to Sections 4.4.13(D) and (I) of the CBD zone district. LDR Section 2.4.5(M)($) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The purpose of the CBD-RC zoning distdct is to allow for development of light industrial type uses on properties that are in the downtown area, but are in close proximity to the FEC railroad. The intent of the district is to recognize the long standing light industrial character of this railroad corridor; to provide for the upgrading and expansion of existing uses when appropriate; and to enhance the economic growth of the central business district by providing employment opportunities in the downtown area. LDR Section 4.4.28(D)(1) of the CBD-RC zoning district (Conditional Uses and Structures Permitted refers to Section 4.4.13(D) (Conditional Uses and Structures Allowed) of the CBD zoning district, and permits all the uses allowed as such in the CBD. However, one of the conditional uses permitted in the CBD (Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, subject to the standards and/imitations of Planning and Zoning Board Staff Report LDR Amendment to allow Multi-Family dwelling units at a density greater than 30 units per acre in the CBD-RC Zoning District Page 3 Section 4.4.13(0) is excluded, pursuant to LDR Section 4.4.13(I)(1), which limits the conditional use to property located south of NE 2nd Street and north of SE 2"d Street. Due to these zoning and Iocational restrictions, multi-family dwelling units with a density greater than 30 units per acre are not currently allowable within the CBD-RC zoning district. Pineapple Grove Main Street: The area affected by the proposed text amendment is located within the Pineapple Grove Redevelopment Area. Pineapple Grove Main Street's Neighborhood Plan for the area was adopted in 1998. Section 8 of the Neighborhood Plan identifies properties on the east side of Pineapple Grove Way between NE 2ndand 3r~ Streets as locations with the greatest potential for upper floor residential dwellings. The Plan also identifies properties on the west side of NE 3r°Avenue between NE 2nd and 3rd Streets as potential locations of surface parking lots with residential apartments constructed above the lots. The plan recommends identifying and modifying any elements of the City's Land Development Regulations that discourage the development of upper floor residential dwellings. The plan states "The Pineapple Grove Main Street is an avid proponent of mix- use, residential-above-commercial development in downtown Delray Beach. A number of opportunities are present in the Program Area for new infill development, adaptive reuse projects, and additions to existing properties. Investors should be encouraged in every practicable way to pursue these opportunities". The plan identifies the practice of residential living within the downtown as one of its goals. This is also a goal that has been identified in the Housing Element of the City's Comprehensive Plan further discussed below. Approval and construction of new residential units has occurred within the CBD, however much of this type of development is not located within the Pineapple Grove Main Street area. Within the Pineapple Grove Main Street area, there has only been two residential developments approved by the City of Delray Beach, (Muschette Apartments and Nears Market Townhomes). Muschette Apartments included the 2nd floor additions consisting of two apartments at 18 units per acre, and the Nears Market proposal was for ten (10) townhouse units on the northeast comer of NE 1st Street and NE 1st Avenue, at a density of 22 units per acre. These projects have not been constructed. The Neighborhood Plan states that the "Plan's general intent is to afford Pineapple Grove Way the same opportunities as Atlantic Avenue by giving Pineapple Grove the same [zoning] tools". Allowing this type of density in the CBD-RC as a conditional use, would be similar to the CBD (Central Business District) zoning district, which lists multi-family dwelling units at a density greater than thirty (30) units per acre as a conditional use (subject to iocational restrictions and compliance with standards and limitations). The purpose and intent of the CBD-RC zoning district is to enhance the economic growth of the CBD, while the CBD must preserve and protect the cultural and historic aspects of downtown Delray Beach and simultaneously provide for the stimulation and enhancement of the vitality and economic growth of this special area. Multi-family dwelling units within the Pineapple Grove Main Street Area will provide not only the desired economic stimulation and growth of the neighborhood, but will also support businesses throughout the downtown area. In order for the downtown to sustain its economic Planning and Zomng Board Staff Report LDR Amendment to allow Multi-Family dwelling umts at a density greater than 30 units per acre ~n the CBD-RC Zoning District Page 4 stability, there needs to be residents who will patronize its businesses. The Pineapple Grove Main Street Neighborhood Plan identifies the practice of living in apartments within a downtown as being commonplace until the mid-twentieth century, when the proliferation of the automobile encouraged new subdivision development in the ever-expanding suburbs. Southeast Florida has grown accustomed to accommodating its rapid population growth by allowing new development to proceed further and further to the west for decades. The Plan also identified a trend of growth that is occurring within South Florida. The only way to accommodate such growth in an efficient manner is to maximize the use of existing downtown infrastructure and building space. There have been some concerns with regard to the proposed increase in density raised by the Seacrest and Del-Ida neighborhood associations. However, it is noted that the subject area is located approximately 700 feet south of these neighborhoods and is within the core area of the downtown. While the Pineapple Grove Main Street Plan recommends an increase above thirty (30) units per acre up to NE 4th Street, it to better buffer the residential neighborhood north of NE 4th Street, increase in density should only be allowed to NE 3r~ Street. Concurrency Items: With regard to traffic impacts, the increased density will generate similar or less vehicular trips than would be generated by the office and commercial uses currently allowed in the CBD-RC zoning district. Additionally, the affected area as well as the balance of the central business district/downtown is located within a designated Transportation Concurrency Exception Area (TCEA). This designation was granted by the State in 1995 based in part on the City's extensive grid street system and has been used as a tool to promote redevelopment and revitalization of the downtown area, and discourage urban sprawl. There are no concerns with regard to the ability to accommodate drainage. City facilities, such as water and sewer have sufficient capacity to handle development at an increased density. Solid waste can be accommodated by existing County facilities. COMPREHENSIVE PLAN POLICIES: The goals, objectives and policies of the Comprehensive Plan were reviewed. The following policies of the Comprehensive Plan and the housing needs identified in the Plan are noted. Housing Element- Housing Issues and Needs: In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states: One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. /n the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development. The City recognizes the Planning and Zoning Board Staff Report LDR Amendment to allow Multi-Family dwelling units at a density greater than 30 units per acre in the CBD-RC Zoning District Page 5 importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area. The residential units will help to support existing retail, service, and restaurant uses in the area, which are still somewhat affected by a seasonal clientele. This amendment will help to fulfill this stated land use need, and is therefore consistent with the needs identified in the Housing Element. In response to these needs, the following policies that relate to downtown housing were adopted: Housing Element Policy B-2.6 - Housing in and near the downtown area, in close proximity to employment opportunities and services, is a critical need. In order to help stimulate demand for new housing in and around the Central Business District, the development of new rental housing projects outside of the TCEA and North Federal Highway area, and Lindell/Federal Highway area (formally Redevelopment Area #6) is discouraged. Housing Element Policy B-3.4- The City's Planning and Zoning Department will work with the Community Redevelopment Agency to analyze the exist~.g Central Business District regulations to determine if there are significant regulatory irnpedi'ments to the development of residential units in the downtown, and will process the amendment necessary to eliminate those barriers. The proposed text amendment is consistent with the above policy by eliminating an impediment to providing residential units in the downtown. CBD Zoning District Chanqes: The CBD-RC zoning district must reference the limitations and standards found in LDR Section 4.4.13(I). Therefore, the CBD regulations must be modified to simplify this reference and these changes are attached. Pineapple Grove Main Street Executive Board: At its meeting of September 10, 2001, the Executive Board reviewed and recommended approval of the text amendment, subject to the conditions that the landscape code requirement be increased and the performance standards strengthened. During the discussions it was thought that the CBD-RC did not have an open space requirement. However, the CBD-RC zoning district requires a minimum of 10% open space. Community Redevelopment Agency: At its meeting of September 13, 2001, the CRA reviewed and recommended approval of the text amendment. Planning and Zoning Board Staff Report LDR Amendment to allow Multi-Family dwelling units at a density greater than 30 units per acre in the CBD-RC Zoning District Page 6 Downtown Development Authority: At its meeting of September 19, 2001, the DDA reviewed and recommended approval of the text amendment, subject to the conditions that the landscape requirements and performance standards be reviewed. Courtesy Notices: Public Notices were provided to the affected property owners and property owners within a 500' radius of the designated area. A special courtesy notice was provided to the Chamber of Commerce, President's Council, Progressive Residents of Delray, Del-Ida Homeowners Association, and Seacrest Homeowners Association. A letter objecting to the text amendment has been provided by the Del-Ida Homeowners Association and is attached. Additional letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. By motion, recommend to the City Commission that LDR Section 4.4.28(D)(5) (Conditional Uses and Structures Allowed) be amended to allow "Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, in the area located west of the north of NE 2~ Street and south of NE 3~ Street, subject to the standards and FEC Railroad, d limitations of LDR Section 4.4.13 (I)" as a conditional use; and the associated amendments to LDR Sections 4.4.13(D)(15) and (i)(1), based upon a positive finding with LDR Section 2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: · Proposed Amendment · Letter of Objection · CBD-RC Zoned Districts Map · Density Map · Aerial Map of Subject Area s:\planning & zoning\boards~p&z board\ldrcbdrcdensity.doc Planning and Zoning Board Staff Report LDR Amendment to allow Multi-Family dwelling units at a density greater than 30 units per acre in the CBD-RC Zoning District Page 7 Section 4.4.13 Central Business (CBD) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (15) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and limitations of Section 4.4.13(T). (T) Performance Standards: These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than thirty (30) dwelling units per acre. maximum permissible density of a particular project will be estab)ished through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E), and other applicable standards of the comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. Section 4.4.28 Central Business District - Railroad Corridor {CBD-RC) District: (D) Conditional Uses and Structures Permitted: The following uses are allowed as conditional uses within the CBD-RC zoning district: (5) Multi-family dwellinq units, excluding duplexes, at a density greater than thirty (30) units per acre, in the area located west of the FEC Railroad, north of NE 2nu Street and south of NE 3rd Street. subject to the standards and limitatiops of LDR Section 4.4.13 (T). Del Ida Park Neighborhood Association, Delray Beach. Florida Seplember 20. 2001 To: Lloyd Hasntr. Plarming and Zoning Board Elaine Mon4s. Planning and Zoning Board Kenneth Pehzie. Plarming and Zordng Board Joseph Pike. Planning and Zoning Board Dwa3aae Randolph_ Planning and Zoning Board Thuy Shum Planning and Zoning Board Jess Sowards. Planning and Zoning Board Michelle Ho}qand Jeff Costello Paul Do/mo_ Mayor Daxfd Schrnid! Ckv Mana.eer David Harden /all Comm/ssian:rs Re: Proposed .Z~n~ndmenz to the Land Development P, egulatior~ re_~ardin_~ densin increases in th~ CBD-RC Zoning District Dear Sir/Madame: The De] Ida Pak Neighbor'nood Association (DIPNA) met lam Monday, September 17t~ to discuss, idenrLq' and vote on our position regarding the privately sponsored requesl to amend the Land Develor>ment Re:m.tiations to allow an increase in the aliowgote densi~' for mukifamih' ' ' . - aeveJor~mem ~5thin the CBD-RC u~thin the area lozar~c on the west side of zhe FEC Railroad. north ' ~ 2 o~ N_ Street and south ofk~ 3~a Strect. With one exc=mion_ ~_~J present voted 'to i',eeze the cm-ren~ Land D~veioomem Regu]aJons regard:,.ng dens~D' (curremh, 30 unhs'acre) and ocrrn/ssble ' . n~_m (cu:-remb' 48 5. ) in.the CBD-RC d~fiz; - h other words, tc kerr, zh~ LDR as they are cmw=m]y ~uen. ~,~Dr~'<__.-~ -o_n.o--,w~,., mron~N. ~. thru suzh a ~ssivt zhan~,e.= to the ~ DR ~'ouid sefiousk n._a_n ~x ~m>az: m~ofi: D:] ~ P~i~ a o~mm~x smaE-szait r~sid:nzi~ n~ighboSnood. iozated o~x' one biozi: zo Iht north ~om the .... oroo~s~_. . proiem~ sire. ~r~ enthusia~ic d~om ~x- 2,rovements propes:d for our neighborhood. Grove or any oths:, we 2~x' contend ~at no suzh zh~ae should be Lnto zopzideratio2 aE of the iona t~ ~Szations. The £ollowing g an. anah's~.s of om- ~sues and poskions: 1. z,_A.O.N/~5__ GROXXTTq - DIP_NA believes ti'mi the proposed LDR cnan_oe reeresents excess:vt =mro'alh in an area o£h/.~o:-izalb, srnall and mdepen:iem businesses. Page 2 - P&Z Board ') DENSITY DIP.xA is strongly opposed to this. or an5' denshy increase and the implications thereof in the CBD-RC district. The northern boundao, line of this proposed pro.}ecl lies only one block from Del Ida Park's southernmost boundao, along NE 4,h Street. Such an abmpl and dramatic transition from our RL (3-6 units/acre) and RO (6-12 units/acre) 'to the potentially massive "Over 30 units/acre" with such a narrow buffer zone in between would potentially ox,em,helm our neighborhood. 3. HEIGHT - DIPNA is believes thai any height increm~e would seriousb, impose on our scale and privacy, access to sun and x~4nd. ~md our views. 4. TtL~WFIC - The potential impact of substantially increased traffic resulting from the increased densi~' of such a massive development is unimaginable to DIPNA. as it would ultimately resutt in pemnanent gridlock in all directions. The recenl narrowing of N~ ? Avenue along wkh its newly iv, stalled roundabouts and traffic calming devices, as well as the small scale ofN'E ? Street./',rE 3T° Avenue and NrE 4th StreeI are nor.. we b.lLx- ',, ,,~. conducive to the smooth and efficient fi. mctioning of a huge volume of resident/a] and senSce cars. tr, w.l:s and emer_oencv vehicles comino_, and going. 24 hours a day. _.< Elkr~RGENCY OPERATIONS A_~.','D EVACUATIONS - If an o~m~r_en~x,= ~d %' were ~o mdse (such m a ~e. fioo& hm~c~e, e~c.) N the proposed m-em or ~ evacuation of . ~ o~ ~, x ~mcl.s. ponce. EMYs bus~=ssss ~8 r:sid:ms requked, access ~d e~ts N, em~r=~n~> ,=' = ~d ~vers ~=m_ bz seriously h~ered. _-~v~n th. conge~ion of~,mT_e n~bsrs o~ people. x~m~Ls ~d poz:nri~ congemion of the sm~ e~ mreers ~d avenues. The zr~c tomes m-e nm d=si~ei or ~e~ed (ro~dabouts, for ~ce) for m~s ~ = f ~'= ~m~r_en~]~s or mass evac~rio~. 6. SCA_LE - The r~rovosed prq}ect is simp}y TOO LARGE for the neighborhood, and 7..~-MRCI-12TECTLT, AL HOMOGENEITY -- Such a massive apa-tmem b~dNg would be ~con~ous m~d th~ sm~er ~ofic b~d~gs b both P~eapple Grove ~d De! Ida P~k. Ii wo~d ae ~ ~acko~m ~d ~ot~)' om o, s~aL. g. PRECEDENT - DEa_KA is deepiy ai'aid that approval of the propassd LDR l~guage ~n~_. would "ow~ ~ fioodgmes" to more md more m~sive projects v,'~ch would 6o~nate and =v:nm~x-overzom~ the ~ea. NeigiS~ofnobd ~q~r ndghbofnood would ieee ks cnm~_ an~ evenly me x ~age By '~e Sea" wouia bt no mots. The Del ida Pa-k Neigi~bofnood .~sociarion hopes zhm ins bom-d will nol oniv respec, i our deiibgrarive.,:-,-o-~=~,._~_. bm care~lJv consider our views. Sincer=iy. Sa,-~ B. Careeiev Presidem '% T'RINI ~ ¥ L UTHER ~ N W. 4'fH ST,) LAKE IDA ROAD Si -- -~NN'S SDL'7w DDD'PT ~DUSE A TTORNE Y BUILDING JR DR ~i TY HALL I ZEN~R i -- ti t ! I!. 2ND I ST LDR TEXT AIvIENDMENT TO THE CBD-RC (CENT,~AL BUSINESS DISTRICT-FLAIL CORRIDOR) - E. XISTING ZONING DESIGNATIONS - SCHDO'. SDUARE ,,I RM-- BARt:' ! CONDO / N -'.ANNINC D'?OARTM-'"NT "-" 0-- DrLRAY E[A3~. FL - AREA WHERE. A RESIDENTIAL DEVELO=MENT MAY EXCEED 30 UNITS PER ACP, E THROUGH A COND;TIONAL USE PRO2ESS r_ PROPOSED AREA WHERE A RESIDENTIZ~d_ DE\m=LOPMENT M&Y EXCEED 30 UNITS PER ACRE THROUGi-; A CONDITIONAL USE PROCESS t~lTY Or' DE:LRAY BEACH. FL PLANNINg- &: ZONING D.~PARTMENT CBD-RC LDR TEXT AMENDMENT PROPOSED AREA WHERE A RESIDENTIAL DEVELOPMENT MAY EXCEED 30 UNITS PER ACRE THROUGH A CONDITIONAL USE PROCESS LDR Sections 4.4.13(I)(2) & (3) - CBD Performance Standards: (2) The applicable performance standards for development under this section are as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the building setbacks or planes of the facade are offset and varied. In structures having more than two stories, stepping back of the upper stories (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units, there is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. (d) The interiors of the dwelling units provide unique features and conveniences that distinguish them from standard multi-family projects and create an attractive living environment. Examples of some of the features that could be incorporated to meet this standard are: ceiling heights of 9 feet or greater; extensive use of natural lighting; panel doors throughout the interior; use of decorative molding for baseboard, door and window casings; wood or ceramic tile flooring in all or a portion of the units; built in cabinetry and/or shelving; arched entryways or passageways; individual laundry facilities; special security features; or a combination of similar features and elements that meet the intent of this standard. (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards, or similar areas and/or amenities. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting. etc.). (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. (h) Projects fronting on Atlantic Avenue, N.E. 1st Street, or S.E. 1st Street contain nonresidential uses on the ground floor. The nonresidential ground floor space has ceilings not less than ten (10) feet in height. At least fifty percent (50%) of the surface area of the front street wall(s) at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. (3) It is acknowledged that it may not be possible for projects which involve the modification of existing structures to comply with many of the above referenced standards. For those types of projects, the ultimate density should be based upon compliance with those standards which can be reasonably attained, as well as the project's ability to further the goal of revitalizing the central business district (i.e., adaptive reuse of older structures and the provision of housing in close proximity to employment opportunities and services). CITY OF DELRAY BEACH, FLORIDA APPROVED MULTIPLE FAMILY/MIXED USE DEVELOPMENTS DOWNTOWN DENSITY MAP BUSH LAKE 4TH ST. N.W. 2ND ST. ! ! I ! ATLANTIC AVE. ROAD S.W. 2ND ST. , : ! · , ,. S.W. lOTH ST. LEGEND: . AREA WHERE A RESIDENTIAL DEVELOPMENT MAY EXCEED 30 UNITS PER ACRE THROUGH A CONDITIONAL USE PROCESS .... . - BOUNDARY AREA WHERE DENSITY UP TO 30 UNITS PER ACRE IS ALLOWED ~ - BOUNDARY AREA WHERE DENSITY UP TO 12 UNITS PER ACRE IS ALLOWED ~ - UNDER 30 UNITS PER ACRE ONE MILE GRAPH/C ~ CITY OF DELRAY BE~C~, FL PLANNING &ZONING DEPARTMENT 2001 CITY OF DELRAY BEACH, FLORIDA APPROVED MULTIPLE FAMILY/MIXED USE DEVELOPMENTS DOWNTOWN DENSITY MAP BUSH ROAD N.W. 2ND ST. ~ .@- ATLANTIC S.W. 2ND ST. AVE. 10TH ST. 4TH ST. ! ! I ! ! ; LEGEND: 1. TOW~ SQOARE (22) 2. MARItO~ BAY (10) 3. SWINTON PLACE (19) 4. TOWN PLACE (15) 5. RENAISSANCE VILLAGE (20) 6. THE COURTYARDS A T DELRA Y (32) 7. WORTHING PLACE (219) UNDER 30 UNITS PER ACRE OVER 30 UNITS PER ACRE 8. VILLAS DELRA Y (6) 9. HUBER DRUGS (8) 10. MUSCHETTE (2) 11. LLOYD HASNER DELRAY OFFICE (4) 12. RECTORY PARK 13. NEAL 'S MARKET (10) 14. ATLANTIC GROVE (70) GRAPH/C $C4LE crrY OF DELRAY BEACH, FL F:LANNING & ZONING DEPARTMENT 2001 CITY OF DELRAY BEACH, FLORIDA APPROVED MULTIPLE FAMILY / MIXED USE DEVELOPMENTS DOWNTOWN RENTAL VS. OWNERSHIP ROAD N.W. 2ND ST. ~ ATLANTIC S.W. 2ND ST. AVE. 10TH ST. BUSH 4TH ST. LEGEND: t. TOWN SQUARE (22) 2. MARINA BAY (10) 3. SWINTON PLACE (19) 4. TOWN PLACE (t5) 5. RENAISSANCE VILLAGE (20) 6. THE COURTYARDS A T DELRA Y (32) 7. WORTHING PLACE (219) OWNERSHIP RENTAL & VILLAS DELRA Y (6) 9. HUBER DRUGS (8) 10. MUSCHETTE (2) 11. LLOYD HASNER DELRA Y OFFICE (4) 12. RECTORY PARK 13. NEAL 'S MARKET (IO) 14. ATLANTIC GROVE (70) ONE MILE GRAPH/C SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2O0't Kimley-Horn and Associates, Inc. November 6, 2001 · 4431 Embarcadero Drive Wast Palm Beach, Flonda 334O7 Mr. John Corbett Attorney at Law Corbett and White 309 Lake Avenue Lake Worth, Florida 33460 Re: Trip Generation Analysis Pineapple Grove Villages Delray Beach, Florida Dear Mr. Corbett: At your request, Kimley-Hom and Associates, Inc. has performed trip generation analyses for various land use scenarios for the above referenced project. The property is located in the northwest comer of NE 2aa Street and NE 3rd Avenue in Delray Beach, Florida. The total property area is 1.9 acres. The site currently contains approximately 21,300 square feet of commercial retail. The following three land use scenarios were considered in the daily trip generation calculations: · Scenario A Residential zoning at 60 dwelling units per acre - 114 units · Scenario B Existing retail - 21,300 square feet · Scenario C Equivalent office area at .75 FAR - 62,073 square feet Daily trip generation calculations for each scenario were undertaken using trip generation and passer-by capture rates contained in the Impact Fee Ordinance of Palm Beach County's Land Development Code. The attached Table 1 shows the resulting trip generation and corresponding ranking for each scenario. A ranking of # 1 represents the lowest trip generation and a ranking of # 3 represents the highest trip generation. As can be seen, Scenario A results in the lowest trip generation w~th 798 net external daily trips whereas Scenario B results in the highest trip generation of 1,489 daily trips. For your convenience, we have attached Table 2 which shows the rates used in the calculation of the trip generation for each scenario. · TEL 561 845 0665 FAX 561 863 8175 Kimley-Horn and Associates, Inc. Mr Jolm Corbett, November 6, 2001 Page 2 If you have any questions, please do not hesitate to call. Sincerely, i¥-HORN AND ASSOCIATES, INC. Transpo, ~ngineer Florida ~i~eering Numbevr 56846 Engineeriag Business Number 696 LRCB/lem Attachment P Lk~rm~pme\ 110601J~ do~ TABLE 1 PINEAPPLE GROVE VILLAGES SUMMARY OF DAILY TRIP GENERATION Scenario Description Ranking Daily Trips A Residential Zoning at 60 dwelhng units per acre - 114 dwelling units #1 798 B Existing retail - 21,300 square feet #3 1489 C Equivalent office area @ 0.75 FAR - 62.073 square feet. g2 929 pAlorin~pine~[tg_co. ~ xls]tablel 11/6/2001 15:28 Copyright © 2001, Kimley-Horn and Associates, Inc. and Assodates, Inc. TABLE 2 PINEAPPLE GROVE VILLAGES TRIP GENERATION EQUIVALENCY ANALYSIS Land Use Intensity Daily Trips Scenario A Residential Zoning @ 60 du/acre. 114 d.u 798 798 Net External Trips 798 Scenario B Existing Commercial area. 2 !,300 sq.ft. 2~688 2,688 Pass-By Traffic 44.62% 1,199 Net External Trips 1,489 Scenario C F_.quivalent Office area. 62,073 sq.ft. 97.8.. 978 Pass-By Traffic 5.00% 49 Net External Trips 929 Note: Trip generation was calculated using the following data: Daily Traffic Generation Multi-Family Dwelling Units [P.B.C.] = T = 7 trips per D.U. Commercial Retail [P.B.C.] = Ln(T) = 0.625 * Ln(X) + 5.985 General Office [P.B.C.] = Ln(T) = 0.756 * Ln(X) + 3.765 Pass-by Rates General Office [P.B.C.] = 5% Commercial Retail [P.B.C.] = Ln(T) = 45.1 - 0.0225(X) p:~lor~n~pine~[tg._comp~ds]table2 11/6/2001 15. 28 and Assorts, I~. I CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TOTHE LAND DEVELOPMENT REGULATIONS SECTION 4.4.13 CENTRAL BUSINESS (CBD) DISTRICT AND SECTION 4.4.28 CBD-RC (CENTRAl. BUSINESS DISTRICT- RAILROAD CORRIDOR) REGARDING ALLOt/ABLE DENSITIES The C~ Commission of the C~y of Detray Beach, Florida, proposes to adopt lhe following ordinance: ORDINANCE NO. 54-01 , AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA, AMENDING T,HE I..A~ND ~EVELQPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING CHAPTER FOUR, 'ZONING REGULATIONS', SECTION .4.4.13, 'CENTRAL BUSINESS (CBD) DISTRICT', SUBSECTION (D), 'CONDITIONAL USES AND STRUCTURES ALLOWED', PARAGRAPH (15); AND SUBSECTION (1), 'PERFORMANCE STANDARDS', PARAGRAPH (1). TO CLARIFY WHERE RESIDENTIAL DEVELOPMENT EXCEEDING THIRTY UNITS PER ACRE IS ALLOWED AS A CONDITIONAL USE; AND BY AMENDING SECTION ~4.4.28, 'CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC) DISTRICT, SUBSECTION (D), 'CONDITIONAL USES AND STRUCTURES ALLOWED', BY ENACTING A NEW PARAGRAPH (5), TO ALLOW MULTI-FAMILY DWELLING UNITS AT A DENSITY GREATER THAN THIRTY UNITS PER ACRE AS A CONDITIONAL USE WEST OF THE FEC RAILROAD BETWEEN N.E. 2ND STREET AND N.E. 3RD STREET; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Commission w~ll conduct two (2) Public Headngs for the purpose of accepting public teshmony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY~ NOVEMBER 6~ 2001~ AT 7:00 P.M. m the Commission Chambers at C~ty Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the proposed ordinance is passed on first reading, a second Public Hearing will be held on TUESDAYr NOVEMBER 20r 2O01, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission). - All ~nterested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these heanngs to the Planning and Zomng Department. For further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zomng Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040), between the hours of 8:00 am. and 5:00 p.m., Monday through Fnday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER. CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: Boca Raton News October 29, 2001 November 14, 2001 Ad#NS100190 CITY OF DELRAY BEACH Barbara Garito C~ Clerk CITY OF DELRAY BEACH NOTICE Of PROPOSED AMENDMENT TO THE LAND DEVELOPMENT lEGUmeS SECTION 4.4.13~NTRAL BUSINESS (C;BD) DISTRICT AND SECTION 4.4.28 CBI)-RC (CENTRAL BUSINESS DISTRICT-RAILROAD CORRff)OR) REGARDING ALLOWABLE DENSmES The C~ty Comnuss~on of the C~ty of Delray Beach, Florida. proposes to adopt the following ordinance: ORDINANCE NO. 54-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES OF.THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", SUBSUBSECTION (15) TO PROVIDE FOR CLARIFICATION OF CONDITIONAL USES AND STRUCTURES ALLOWED IN THE CBD DISTRICT, BY AMENDING SUBSECTION (1), "PERFORMANCE STANDARDS", SUB- SUBSECTION (l), TO ELIMINATE THE CONDITIONAL USE PLACED ON RESIDENTIAL DEVELOPMENT EXCEEDING THIRTY UNITS PER ACRE SOUTH OF NE 2ND STREET AND NORTH OF SE 2ND STREET; AND BY AMENDING SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC DISTRICT, SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES PERMITTED", BY ENACTING A NEW SUB-SUBSECTION (5). TO PROVIDE FOR MULTI-FAMILY DWELLING UNITS AT A DENSITY GREATER THAN THIRTY UNITS PER ACRE AS A CONDITIONAL USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY. OCTOBER 2.. 2,001. AT 7:00 P.M. in the Commission Chambers at Ctty Hall, .100 N.W. Ist Avenue, Defray Beach, Honda. If the proposed ordinance is passed on first reading, a second Public Hearing will he held on TUF~DAY. o~TrOBER 16, 2,001. AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commiss~on) All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in wnung on or before the date of these heanngs to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, C~ty Hall, 100 N.W. 1st Avenue, Delray Beach, Honda 33444 (Phone 561/243-7040), between the hours of 8:(J0 a.m. and 5:00 p.m., Monday through Friday, excluding hohdays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATrER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F. S. 286.0105 CITY OF DELRAY BEACH Barbara Gafito City Clerk PUBLISH:Boca Raton News/Delray Beach News September 24, 2001 October 10, 2001 AI~ NS90196