Loading...
Ord 19-98ORDINANCE NO. 19-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAVER'S NORTH SPECIAL ACTIVITIES DISTRICT (SAD), AS ESTABLISHED BY ORDINANCE NO. 65-80, AND AS SUBSEQUENTLY AMENDED BY ORDINANCE NO. 21-95 AND ORDINANCE NO. 34-96, BY RE-ESTABLISHING THE TOTAL UNIT COUNT APPROVED FOR THE LAVER'S NORTH SAD AT 610 RESIDENTIAL DWELLING UNITS THROUGH THE TRANSFER OF FOUR DWELLING UNITS FROM THAT PORTION OF THE SITE PLATTED AS 'THE VININGS AT DELRAY BEACH' TO THE VACANT PARCEL OF LAND AT THE SOUTHWEST CORNER OF THE LAVER'S NORTH SAD; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, an application has been received for a modification to the Layer's North SAD (Special Activities District) established by Ordinance No. 65-80, as subsequently amended by Ordinance No. 21-95 and Ordinance No. 34-96, to re-establish the maximum number of units to the original 610 residential dwelling units by transferring the four (4) units that had been previously reduced through the development of The Vinings to the southwest portion of the Layer's North SAD property; WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board considered the request at a public hearing held on April 20, 1998, and voted 5 to 0 to recommend that the request be approved, based upon positive findings and subject to conditions; and WHEREAS, pursuant to Florida Statutes 163.3174(4) (c), the Planning and Zoning Board, as Local Planning Agency, has determined that the change is consistent with and furthers the 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 the conditional use and site plan approval for the Layer's North Special Activities District (SAD), established pursuant to Ordinance No. 65-80 and as subsequently amended, be, and the same is hereby approved, based upon positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(D) (5) (Rezoning Findings) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to the following conditions: include: (i) That the modification to the southwest 6.55 acres (a) Re-establishment of the four (4) residual units from The Vinings development to the 60 approved units for the subject property (64 total units) through the construction of a 5-story apartment building with an entrance canopy, adjacent to the ~xisting lake/retention area; (b) Construction of a 141 space parking lot on the west side of the building; (c) Installation of a swimming pool with a cabana and deck, and a six foot (6') wide pedestrian path adjacent to the lake; and (d) Installation of associated landscaping. (2) That Site Plan Review and Appearance Board (SPRAB) approval be obtained for the specific site and development plan, and that any future site plan modifications be reviewed by SPRAB. (3) That a revised master development plan for Layer's North be submitted; and (4) That improvements to the fountain be made either through repair of the fountain or replacing the fountain with landscaping, and that the repairs be made prior to issuance of a building permit for the apartment project. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. 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 4. That this ordinance shall become effective immediately upon its passage on second and final reading. - 2 - Ord. No. 19-98 PASSED AND ADOPTED in regular session on second and final reading on this the 19th day of May , 1998. ATTEST: First Reading May 5, 1998 Second Reading May 19, 1998 - 3 - Ord. No. 19-98 I:IT¥ OE DELR V BEK[K DELRAY BEACH ~JI-America C~ CITY CLERK 1993 June 8, 1998 100 N,W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 Doak S. Campbell, III, Esquire 70 S.E. 4th Avenue Delray Beach, FL 33483 Re: Ordinance No. 19-98 (Modification to the Laver' s North Special Activities District) Dear M~.~pbel 1: Enclosed for your file is an executed copy of Ordinance No. 19-98 which modifies the Layer's North Special Activities District (SAD) by re-establishing the total unit count approved for the SAD at 610 residential dwelling units, subject to conditions. Ordinance No. 19-98 was passed and adopted on second and final reading by the Delray Beach City Commission in regular session on May 19, 1998. Should you have any questions, please do not hesitate to contact me at 561/243-7050. Sincerely, Alison MacGregor Harry City Clerk AMH/m Enclosure P1?nted on Rec.vcle¢t Pa~oer THE EFFORT ALWAYS MATTERS Boca Ratofl News, Friday May 8, 1998 A IKIBLIC HEARING will be held ~enl, i~ me City CeenmllsJm Chain- Mrs, 1~ N.W. IIi Av~ D~ray ~ FloriM, ~t ~4tic~t time tt~ City ipec/ed at me Office of me C~ Clerk 'rl~ B44ch, FWlda, ~ me M I:R a.m. te S:~ p.m., Monday In'm*esl~ parties are invi~d to Iltom) md be beard wRh relPect to me pn)- W enilnance. AN OROINANCE OF THE CiTY CMA. MISSION OF THE CITY OF DELRAY lEACH, FLONIDA, MENDING THE LAVER'S NGRTH SPECIAL ACTIVI- TIES DISTRICT (SAD), AS ESTAB- LIN'lED BY OROINANCE NO. AgO AS SUBSEGUENTLY AMEND- ED .-BY ORDINANCE NO. 214S AND ORDINANCE NO. 34~6,BY RE-ESTABLISHING THE TOTAL UNIT COUNT APPROVED FOR THE LAVER'S NORTH SAD AT &ffl RESI- DENTIAL DWELLfNG UNITS THROUGH THE TRANSFER OF FOUR DWELLING UNITS FROM THAT PORTION OF THE SITE PIJkTTEO ~S ~[HE VININGS AT DELRAY BEACH' TO THE VACANT PARCEL OF LAND AT THE SOUTH- WEST CORNER OF THE LAYER'S tNO~TH SAD; PROVIDING A GEN- ERAL REPEALER CLAUSE, A SAV- ING CLAUSE, AND AN EFFECTIVE DATE. c~des to IPMII Iny dKisian fn~de by Ily m~ter cmsldered ~ th s hearing, ~c$~ ioe-q~n Mil need · retort of lt~,~ freceecl rigs, a~l fro* this toq~ose such ami evln~ence upm which, me alX~al is !: be bea.,d. Tbe City dins nM F~* CITY OF DELRAY BEACH Ni~n AiacGre~' Har~y c~yc~ MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # /0C'- REGULAR MEETING OF MAY 19, 1998 ORDINANCE NO. 19-98 (MODIFICATION TO THE LAVER'S NORTH SPECIAL ACTIVITIES DISTRICT) MAY 12, 1998 This is second reading and a quasi-judicial public hearing for Ordinance No. 19-98 which modifies the Layer's North Special Activities District (SAD) by re-establishing the total unit count approved for the SAD at 610 residential dwelling units, subject to certain conditions. On May 16, 1995, the City Commission approved a modification to the eastern portion of the Layer's North SAD for The Vinings apartment complex. The modification involved replacing 232 approved units (four proposed 5-story buildings) with 228 units (ten 2 and 3-story buildings) as well as a clubhouse and tot lot. This change reduced the total number of dwelling units within the approved SAD by four, from 610 to 606 units. The completion of The Vinings resulted in the construction of 546 of the approved 606 units. The remaining 60 units were allocated to a vacant parcel of land at the southwest corner of the SAD. The current proposal is to re-establish the maximum number of units to the original 610 units by "transferring" the 4 units that had been previously reduced through the development of The Vinings to the southwest portion of Layer's North. This will accommodate the construction of a 64 unit apartment building to be known as St. Tropez at Delray Beach. The Planning and Zoning Board held a public hearing on April 20, 1998. There was no public testimony. The Board expressed concerns about the condition of the entrance fountain, and stressed to the applicant the importance of having it repaired or replaced. After discussion, the Board voted 5 to 0 (Schwartz and Young absent) to recommend that the request be approved based on positive findings and subject to conditions. At first reading on May 5th, the Commission passed the ordinance by a vote of 4 to 0. Recommend approval of Ordinance No. 19-98 on second and final reading. ref:agmemol0 TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNIN~/~, FROM: JEFFREY A. COSTELLO, SENIOR PLAN~ SUBJECT: MEETING OF MAY 5, 1998 CONSIDERATION OF A MODIFICATION TO THE LAYER'S NORTH SAD LOCATED AT THE NORTHEAST CORNER OF LINDELL BOULEVARD AND EGRET CIRCLE, AT THE SOUTHWEST CORNER OF THE LAYER'S NORTH DEVELOPMENT. On May 16, 1995, the City Commission approved a modification to the eastern portion of the Laver's North SAD for the Vinings apartment complex. The modification involved replacing 232 approved units (four proposed 5-story buildings) with 228 units (ten 2 and 3-story buildings) as well as a clubhouse and tot lot. These changes reduced the total number of dwelling units within the approved SAD by 4, from 610 to 606 units. The completion of the Vinings apartment complex resulted in the construction of 546 of the 606 units for the Layer's North SAD. The remaining 60 units were allocated to a vacant parcel of land at the southwest corner of the SAD. The current proposal is to re-establish the maximum number of units to the original 610 units by "transferring" the 4 units that had been previously reduced through the development of the Vinings to the southwest portion of Laver's North. A detailed description and analysis of the request is found in the attached Planning and Zoning Board Staff Report. At its meeting of April 20, 1998, the Planning and Zoning Board held a public hearing regarding the request. There was no public testimony regarding the proposal. The Board expressed concerns over the condition of the fountain at the entrance to the development, and stressed to the applicant's representative the importance of having it repaired or replaced. After reviewing the staff report and discussing the proposal, the Board voted 5-0 (Schwartz & Young absent) to recommend that the request be approved based upon positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to conditions listed in the staff report (including a condition related to the entry fountain). By motion, approve the Laver's North SAD (Special Activities District) modification request on first reading based upon positive findings and conditions as recommended by the Planning and Zoning Board, and setting a public hearing date of May 19, 1998. Attachments: P & Z Staff Report and Documentation of April 20, 1998 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 20, 1998 AGENDA ITEM: ~V.B. ITEM: Modification to Laver's North SAD (Special Activities District) to Re- establish Four (4) Dwelling Units at the Southwest Corner of the Laver's North Development, Located at the Northeast Corner of Lindell Boulevard and Egret Circle to Accommodate a 64-unit Apartment Building to be Known as St. Tropez at Delray Beach. GENERAL DATA: Owner ............................. Agent .............................. Applicant ......................... Location .......................... Property Size .................. Future Land Use Map ..... Current Zoning ............... Proposed Zoning ............ Adjacent Zoning .... North: East: South: West: Existing Land Use .......... Proposed Land Use ........ Water Service ................. Sewer Service ................ Delray Beach International Tennis Resort, Ltd. Doak S. Campbell, III Morin Development Group, Inc. Northeast comer of Lindell Boulevard and Egret Circle. 6.55 Acres MD (Medium Density 5-12 du/ac) SAD (Special Activities District) SAD (Modified) GC (General Commercial) & PC (Planned Commercial) CF (Community Facilities) & OSR (Open Space and Recreation) RM (Multiple Family Residential) PC & SAD Vacant land and an existing access road. Modification to the SAD to re-establish 4 residual units from The Vinings development to the 60 approved units for the subject property (64 total units) through the construction of 5-story apartment building with an entrance canopy; a swimming pool with a cabana; and, associated parking and landscaping. Existing on-site. Existing on-site. The action before the Board is that of making a recommendation on a modification to the Laver's North SAD (Special Activities District), pursuant to Section 2.4.5(D). The subject property is located at the northeast corner of Lindell Boulevard and Egret Circle, at the southwest corner of the Laver's North development. Pursuant to Section 4.4.25(C)(1), all SADs are established via an ordinance processed as a rezoning. Further, pursuant to Section 2.2.2(E), the Local Planning Agency (P & Z Board) shall review and make recommendations to the City Commission with respect to the rezoning of any property within the City. The subject property is the vacant 6.55 acre tract at the southwest corner of the overall 61.91 acre Laver's North development. On November 25, 1980, the City Commission approved Rezoning (RM-10 to SAD), Conditional Us~ and Site Plan approval requests for Lave~:'s North. The Conditional Use and Site Plan approvals were for a tennis resort consisting of 610 dwelling units in eleven 5-story buildings, 26 tennis courts, recreational amenities and resort facilities including meeting rooms, a restaurant and a lounge. A final plat was approved by the City Commission on May 12, 1981. On August 25, 1981 a modification to the Conditional Use was approved by the City Commission (via Ordinance No. 57-81) to allow 240 of the 610 dwelling units to be resort dwelling units (time-share units). Two site plan modifications were processed in 1981 and 1984 which involved additional access points and relocation of support buildings (maintenance and laundry buildings) and other minor adjustments. Between 1981 and 1995, 40.57 acres of the overall 61.91 acre site had been developed with a total of 318 units (six 5-story buildings), 19 tennis courts, and a portion of the resort facilities (2 buildings). In 1981, a 4,000 sq.ff. "temporary" sales complex for the condominiums and time-shares was constructed on the south side of the Laver's North development, adjacent to Egret Circle. On May 16, 1995, the City Commission approved a modification to the Laver's North SAD (via Ordinance No. 21- 95) consisting of the following: Modifications to the eastern 21.34 acre parcel which included: · Replacing 232 approved units (four proposed 5-story buildings) with 228 units (ten 2 and 3-story buildings) as well as a clubhouse and tot lot; · Elimination of 10 existing tennis courts; and, P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification for St. Tropez (Apartment Building) Page 2 · Elimination of a portion of an existing parking lot (58 existing spaces and 37 future spaces for the tennis resort function). Modifications to the balance (western 40.57 acres) of the Laver's North development: · Addition of twotennis courts; · Elimination of proposed meeting rooms, restaurant, and lounge which were part of the proposed tennis resort facilities; and, · Modifications to the existing parking lot i.e. installation of pavement to provide internal circulation needed as a result of the elimination of the existing parking. These changes reduced the total number of dwelling units within the approved SAD by 4, from 610 to 606 units. At its meeting of June 28, 1995, the Site Plan Review and Appearance Board approved the site plan for the eastern 21.34 acres known as The Vinings at Delray Beach, a rental apartment community development by Trammell Crow Residential, which was constructed in 1996. The completion of the Vinings apartment complex resulted in the construction of 546 of the 606 units for the Layer's North SAD. The remaining 60 units were allocated to a vacant parcel of land at the southwest corner of the SAD. On October 15, 1996, the City Commission approved an SAD modification for Laver's North to allow the "temporary" sales complex constructed in 1981 to become permanent and an official part of the master development plan of record. The permanent structure was to accommodate a tennis academy (International Tennis Resort) and sales office associated with the Laver's North development. The current proposal is to re-establish the maximum density to the original 610 units by "transferring" the 4 units that had been previously reduced through the development of the Vinings apartment complex (east portion of Laver's North), to the proposed southwest portion of Layer's North. The development proposal incorporates the following: Re-establishment of the 4 residual units from The Vinings development to the 60 approved units for the subject property (64 total units) through the construction of 5- story apartment building with an entrance canopy, adjacent to the existing lake/retention area; Construction of a 148-space parking lot on the west side of the building; P & Z Board Staff Report Laveffs North - SAD (Special Activities District) Modification for St. Tropez (Apartment Building) Page 3 Installation of a swimming pool with a cabana and deck, and a 6' wide pedestrian path adjacent to the lake; and, El Installation of associated landscaping. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The requested zoning change involves a modification to the Laver's North SAD and the associated master development plan. Upon approval, the parcel will retain the SAD zoning designation but the master plan will be modified to allow re-allocation of 4 originally approved units, from one portion of the site to another. The subject property has an MD (Medium Density 5-12 du/ac) Future Land Use Map designation. Pursuant to LDR Section 4.4.25(A), the SAD zoning is deemed consistent with any land use designation on the Future Land Use Map, including the underlying MD land use designation. Further, the uses allowed within a specific SAD shall be consistent with the land use category shown on the Future Land Use Map. The original SAD Ordinance for Laver's North (Ordinance No. 57-81) lists the construction of 610 residential units as an allowable conditional use within the Laver's North SAD. The approved units result in an overall density of 10 units per acre. The use is consistent with the underlying MD FLUM designation. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Concljrrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The SAD approval for Laver's North in 1980 allowed the construction of 610 residential units. To date 546 units have been constructed. The purpose of this SAD modification is to re-allocate 4 originally approved dwelling units that have not been constructed in the east portion of the Layer's North SAD (The Vinings) to the southwest portion of the SAD. The 4 units as well as the currently approved 60 units for this site (southwest corner of Laver's North) were indicated on the approved master development plan of P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification for St. Tropez (Apartment Building) Page 4 1980 at which time positive findings were made with respect to Concurrency i.e. water, sewer, drainage, traffic, parks and recreation facilities, and solid waste. Thus, the 64 units are considered vested, and will not have any impacts with respect to Concurrency. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. COMPREHENSIVE PLAN POLICIES A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives and policies were found. However, the following is noted regarding recently adopted policies which relate to new housing developments. With the adoption of the amended Comprehensive Plan in December, 1997, additional policies were added to the Housing Element which relate to new housing development providing 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens (Policy B-2.2); providing a range of housing types that offer variety in size color ad style (Policy Bo2.3); and, discouraging new rental housing outside the downtown area (B-2.6). These policies are not applicable as the Laver's North SAD is vested with respect to the types and number of units. Section 3.3.2 (Standards for Rezoning Actions}: applicable with respect to this rezoning request. performance standard of Section 3.3.2: Standards A, B and C are not The following is the applicable (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The adjacent properties to the north and east are part of the overall Laver's North SAD; south is zoned RM (Medium Density Residential), and west is zoned SAD (Waterford). The surrounding land uses adjacent to the property include the following: The Lakeview Apartments to the north; Layer's Resort and Racquet Club Condominium to the east; Layer's Delray Racquet Club to the south; and vacant land with approval to construct a 300 unit apartment complex (Carriage Homes). The approved master development plan indicates that this site was approved for a total of 60 units within a 5-story condominium style structure similar to the existing buildings. The proposal is to construct a 64 unit 5-story structure which will be consistent with the existing residential buildings to the north, south and P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification for St. Tropez (Apartment Building) Page 5 east. To the west, along Lindell Boulevard and S.W. 10th Avenue, is a buffer consisting of mature Ficus trees. The addition of the 4 units will not impact the original approval, nor impact the surrounding area. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.$(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zomng had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; C= That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: "The subject property is part of the overall "Laver~s North" SAD which, by original ordinance, allows 610 units for the entire PUD. There have been constructed 546 units to date in the PUD. According to positions taken by staff, the modification of the SAD for the "Vinings' by not using the full possible allocation of units to that site, reduced the overall availability from 64 to 60 units. This request is to reassign those fou~: units which could have been built in the Vinings to this remaining parcel to allow the full 64 units to be constructed on site. 64 units is within the total number contemplated by the original SAD and does not impact traffic or density use on the overall site. The additional 4 units will not result in a project being built in any way different from those constructed on adjacent parcels, but will be similar thereto. Inasmuch as there was no specific allocation of any number of units per building site, this request would be within line of the original intent of the first SAD ordinance." Comment: The "rezoning" is really more of a modification of the existing master plan and some minor use changes; therefore, these standards aren't entirely applicable. Item "c" most closely relates as the basis for which the SAD modification/rezoning should be granted. The SAD approval for Laver's North included a total of 610 dwelling units with an overall density of 10 units per acre, 546 of those units have been constructed. The density of the development is within the maximum of 12 units per acre allowed via the underlying Medium Density Future Land Use Map designation. The P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification for St. Tropez (Apartment Building) Page 6 proposal will not have any impacts with respect to Concurrency as the overall 610 units were approved in 1980. Based upon the above, it is appropriate to approve the SAD modification. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. In conjunction with the SAD modification request, a site plan application was submitted and reviewed by staff. Staff's comments have been transmitted to the applicant and will need to be addressed with the resubmittal of the site plan. The following items relate the SAD modification request. Density Staff had concerns with the originally submitted floor plan. The two bedroom units were designed in a manner that the bedroom and living room access adjacent to the entrance foyer could have separate doorways/entrances. The units were designed to accommodate two separate units: a one bedroom apartment and a dorm room/hotel room/suite. The units could be leased seasonally or to students attending the tennis academy (dormitory). This situation would have been in violation of the SAD ordinance with regard to use and density, and also minimum floor area requirements for one and two bedroom apartments. The number of units would have been increased from 610 to 670 units, or 10.8 units per acre. In order to prevent the ability to have two leasable units, the floor plan was modified to integrate the foyer with the kitchen, which eliminated the possibility of providing two separate units (see attached floor plan). This change addressed staff concerns regarding the potential density increase and inconsistent use of the units. If approved, the SAD modification should be limited to the addition of 4 units for a total of 64 units. Perimeter Setbacks for SADs Pursuant to Section 4.4.25(D)(1), a minimum setback of 15 feet shall be established around the perimeter of any property developed under the SAD designation. Within the front and any side street setback, a 15 foot setback area shall be a landscape setback area and no pavement shall be allowed therein except for pedestrian ways and driveways which provide access to the property and which are generally perpendicular to the abutting street. The proposed building location exceeds the building setback requirements and the setback areas have been landscaped accordingly. Parkina Pursuant to LDR Section 4.6.9(C)(2)(c), 148 parking spaces are required for this development and a total of 148 spaces are proposed. VVhile the parking requirement has been met, the proposed parking lot design does not include the required landscape islands every 10 parking spaces as required by LDR Section 4.6.16(H)(3)(i). In order to meet this requirement, some parking spaces will need to be eliminated, which will affect P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification for St. Tropez (Apartment Building) Page 7 the number of units that can be accommodated with the building, another alternative is to request a waiver to the requirement. While the SAD modification is to add 4 units, the approval is subject to the Site Plan Review Appearance Board's approval of the site plan. Thus, this item will be addressed at the time of site plan approval. Fountain/Entrance Way The SAD approval of 1980 included the installation of a fountain at the northeast corner of Lindell Boulevard and Egret Circle, at the entrance to the overall Layer's North development. The fountain and entrance have not been maintained for many years and are in deplorable condition. The lack of maintenance of these items is an on-going code violation, and must be improved regardless of the outcome of the Planning and Zoning Board and City Commission actions. The current proposal indicates that the fountain and entrance are to be improved in a future phase. The plans must indicate improvements to the fountain and entranceway with Phase I as these are the primary entrance features to the development. Master Development Plan While a site plan for the subject property has been submitted, the SAD modification relates to the master development plan for Laver's North. Thus, if the SAD modification is approved, a modified master development plan must be submitted which delineates the approved site plan for the subject property and revisions to the overall site data. This has been attached as a condition of approval. SAD Site Plan Modification Review and Approval Process: Substantial changes to an SAD including increases in intensity, change of uses etc. should continue to be reviewed by both the Planning and Zoning Board and the City Commission. However, minor changes to SAD site plans should not. Therefore, it is recommended that the Board remand any future modifications to this site plan for this project to the Site Plan Review and Appearance Board (SPRAB) for approval. In addition, language should be added to the SAD ordinance specifying that future modifications which are not substantial and do not deal with intensity or type of uses can be reviewed by SPRAB and processed as site plan modifications. The rezoning is not in a geographic area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification for St. Tropez (Apartment Building) Page 8 Site Plan Review and Appearance Board: A site plan application is being processed concurrently with the SAD modification request. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). If SAD modification approval is granted, action on the site plan will follow.' The site plan must address the conditions of the SAD modification approval and any other concerns raised at the SAD hearings. Public and Courtesy Notices: Formal public notice has been provided to property owners within 500 feet radius of the subject property. In addition, courtesy notices were provided to the following homeowner's and civic associations: Delray Racquet Club Lake Delray Apartments Progressive Residents of Delray (PROD) r~ Tropic Palms I~1 Town and Country Estates Any letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The SAD modification request is to re-establish the total unit count of the SAD at 610 units by increasing the number of units permitted on the subject property from 60 to 64. The modification proposal complies with the City's Comprehensive Plan, and Chapter 3 and Section 2.4.5(D) of the Land Development Regulations, that the SAD modification is more appropriate given the existing use of the property, and that the establishment of the 4 units will not impact previous findings or adjacent properties. This SAD modification must be limited to the addition of 4 units for a total of 64 units. A. Continue with direction. Recommend approval of the modification request to the Layer's North SAD based upon positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to conditions. Co Recommend denial of the modification request to the Laver's North SAD based upon a failure to make a positive finding with respect to LDR Section 2.4.5(D)(5), that the rezoning fails to fulfill at least one of the reasons listed. P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification for St. Tropez (Apartment Building) Page 9 Recommend to the City Commission approval of the modification request to the Laver's North SAD (Special Activities District) based upon positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to the following conditions: A. That themodification to the southwest 6.55 acres include: 1. Re-establishment of the 4 residual units from The Vinings development to the 60 approved units for the subject property (64 total units) through the construction of 5-story apartment building with an entrance canopy, adjacent to the existing lake/retention area; 2. Construction of a 141-space parking lot on the west side of the building; 3. Installation of a swimming pool with a cabana and deck, and a 6' wide pedestrian path adjacent to the lake; and, 4. Installation of associated landscaping. That SPRAB approval be obtained for the specific site and development plan, and that any future site plan modifications be reviewed by SPRAB; C.. That a revised master development plan for Laver's North be submitted; and, That improvements to the fountain be made either through repair of the fountain or replacing the fountain with landscaping, and that the repairs be made prior to issuance of a building permit for the apartment project. Attachments: Floor Plan & Site Plan Report prepared by: Jeff Costello. Senior Planner ama: ~cony: 72 sq. Project: St-Tropez "AII Apr. 8, 1998 ,,, ??