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Ord 17-08ORDINANCE NO. 17-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2008-1, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2008-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan -Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2008-1; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held public hearings on Apri121, 2008 and May 19, 2008, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, after the above referenced public hearings, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2008-1 be transmitted.; and WHEREAS, proposed Comprehensive Plan Amendment 2008-1 was submitted to and reviewed by the City Commission; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, following due public notice,.the first of two required public hearings on Comprehensive Plan Amendment 2008-1 was held by the City Commission on July 15, 2008, at which time it was authorized to be transmitted to the Florida Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2008-1 was reviewed by the Florida Department of Community Affairs and the Department of Community Affairs issued an ORC (Objections, Recommendations and Comments) Report. Additional documentation and analysis to support Comprehensive Plan Amendment 2008-1 will be transmitted to the Florida Department of Community Affairs; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2008-1 was held by the City Commission on December 9, 2008, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act." Section 3. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2008-1," which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. That the document entitled "Comprehensive Plan -Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2008-1. Section 5. 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, ORD. NO. 17-08 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That the effective date of this ordinance, is upon the date a final order is issued by the Department of Community Affairs (DCA) finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. (~ PASS AND ADOPTED in regular session on second and final reading on this the - \ day of , 2008. ATTEST • \`v__ ~ City Clerk ~) First Reading ~~ Vl~ Second Reading~~ ~ ~~ MA R 3 ORD. NO. 17-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Mark McDonnell, AICP, Assistant Director of Planning and Zoning THROUGH: City Manager DATE: December 1, 2008 SUBJECT: AGENDA ITEM 10 B -REGULAR COMMISSION MEETING OF DECEMBER 9.2008 ORDINANCE NO 17-08 (SECOND READING & ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 2008-1) ITEM BEFORE COMMISSION The item before the City Commission is that of adoption of Comprehensive Plan Amendment 2008-1 BACKGROUND Comprehensive Plan Amendment 2008-1 was approved on first reading on July 15, 2008 and transmitted to the Florida Department of Community Affairs (DCA) for review. This amendment represented the first amendment for the year 2008 and included the EAR-based amendments to the Plan. The amendment included City-initiated text amendments to implement the recommendations in the adopted 2006 Evaluation and Appraisal Report, aCity-initiated text amendment to the Land Use Designation/Zoning Matrix Table in the Future Land Use Element, and one (1) City-initiated Future Land Use Map Amendment. A brief description of each item included in the transmitted amendment is listed below: • The following proposed text changes are to implement the recommendations contained in the adopted 2006 Evaluation and Appraisal Report: Future Land Use Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update all maps to reflect current city boundaries. 3. Update existing land use and population data, including supporting maps and tables. 4. Update Map #3 and Table L-5, Potential Residential Units as required to reflect development of some parcels. 5. Update vacant land analysis. 6. Update Map #11, Annexation Areas, to reflect completed annexations. 7. Update Redevelopment Analysis section to reflect completion of all Redevelopment Plans. 8. Update descriptions for all land use categories to include intensities and densities. 9. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. 10. Add new policies to achieve an appropriate mix of uses, direct resources to infrastructure improvements downtown, and explore additional downtown open space opportunities. 11. Add policies to affirm the City's continued commitment to workforce housing. 12. Add policies to develop design guidelines for the North Federal Highway area and evaluate the need for guidelines in the Congress Avenue Corridor and Four Corners Area. Transportation Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update all maps to reflect current city boundaries. 3. Update Table T-1, Street Network Classification and Improvements. 4. Update Map #13, Existing Roadway Laneages to reflect roadway modifications. 5. Update Map #15, Existing Annual Average Daily Traffic Conditions and Map #16, Peak Season PM Peak Hour Peak Direction Traffic Conditions to reflect 2005 traffic conditions. 6. Update Table T-5, 1999 Intersection Accident Data, to reflect 2006 data. 7. Update Table T-6 and T-7 to update 2000 future traffic conditions to 2010. 8. Update Map #17, Intermodal Facilities. 9. Update Map #18, Major Trip Producers/Attractors. 10. Update Table T-8, Future Over-Capacity Facilities. 11. Update Map #20, 2015 Operating Conditions, to 2025. 12. Update Map # 21, 2015 Cost Feasible Plan, to 2025. 13. Update Table T-9, 2015 Roadway Improvement Schedule, to 2025. 14. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Housing Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update all maps to reflect current city boundaries. 3. Update the existing conditions tables from 1995 data to 2005 data: 4. Update Table HO-11, Number of Substandard Units from 1990 to 2000 Census data. 5. Update the 2005 forecast tables to years 2010, 2015, 2020 and 2025: 6. Update, Table T-20, Potential Residential Units, to match Table L-5 in Future Land Use Element. 7. Update Affordable Housing section to reflect new City initiatives. 8. Update Map #22, Neighborhood Categorization Map to reflect changed conditions and modify text to eliminate Redevelopment Category. 9. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR .public hearing processes. 10. Add new policies to affirm the City's continued commitment to workforce housing. Public Facilities Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Coastal Management Element 1. Update Introduction and support data, throughout the element as appropriate to reflect current conditions. 2. Update Table CM-1 and Map #23, Coastal Planning Area Land Uses 3. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Conservation Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Onen Space and Recreation Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Intergovernmental Coordination Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update General Fund and Expenditure Five Year Forecast Table 3. Update Pledgeable Revenue Matrix 4. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives. Public Schools Facilities Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update element to reflect changes related to the second amendment to the Interlocal Agreement. 3. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives. • Future Land Use Element -Amendment to the Land Use Designation/Zoning Matrix table to modify zoning districts to be consistent with additional Future Land Use categories. • Future Land Use Map amendment to assign a City Future Land Use Map designation concurrently with the annexation of the Fair Oaks Center property. The current County Land Use Map designation is INST/18 (Institutional, with an underlying High Residential - 18 units per acre) and the Proposed City designation is CF (Community Facilities). DCA staff reviewed the transmitted amendment and issued the attached Objections, Recommendations, and Comments (ORC) Report on September 26, 2008. The ORC report contains six objections. Two of these objections are being addressed with the adoption of the 20 Year Water Supply Facilities Work Plan with Comprehensive Plan Amendment 2008-WSP1. One objection requires modification of the "Other Mixed Use" (OMU) Future Land Use designation to establish the percentage distribution among the mix of uses, and the remaining objections require additional objectives and policies to be added to the. Comprehensive Plan. The response to the ORC Report is included with the attached Planning & Zoning Staff Report for December 8, 2008. Several changes to the 2008-1 Amendment are being made prior to adoption to address the ORC Report. These include the following: • Transportation Element Objective B-1, has been modified to adopt the FDOT LOS standards for SIS facilities in Delray Beach; • Table CI-GOP-1, "City of Delray Beach Level of Service Standards," included with Policy A-3.6 of the Capital Improvement Element, has been modified to reflect adoption of the FDOT LOS standards for SIS facilities in Delray Beach; • New Policies C-3.6 and C-3.7 have been added to the Coastal Management Element to preserve and encourage the enhancement of the City's recreational and commercial working waterfronts; • Coastal Management Objective B-1 has been modified to include a reference to "recreational and commercial working waterfronts"; • The contents of 2008-WSP1, including the Water Supply Facilities Plan, together with the associated Policies and Capital Improvements Schedule for the Reclaimed Water System, have also been integrated into the attached EAR-based amendment text; • New Policy B-2.7 has been added to the Future Land Use Element to address water supply concurrency; • The description of the "Other Mixed Use" Future Land Use category has been modified to establish the appropriate percentage distribution among the mix of uses; • New Policy D-1.3 has been added to the Coastal Management Element to adopt a new definition for the "Coastal High Hazard Area"; and • Map #27, the Coastal High Hazard Area, has been modified to address the new definition for the "Coastal High Hazard Area." Two additional changes are being made to address updates to the capital improvement schedules for the City and the Palm Beach County School District. These include the following: • Capital Improvement Element -The City's Five-Year Capital Improvements Schedule (Table CI-CIP) has been updated to reflect adoption of the FY2009-FY2013 Capital Improvements Program; • Capital Improvement Element -The Palm Beach County School District's Capital Improvement Schedule (Table SD-CIP) has been updated to reflect adoption of its FY2009-FY2013 Capital Improvements Program on September 10, 2008; A full analysis of all the items contained in the original transmitted amendment, as well as the additional items, is included in the attached Comprehensive Plan Amendment. REVIEW BY OTHERS The Planning and Zoning Board held a public hearing regarding the City initiated land use amendment portion of the request on April 21, 2008. The Board recommended the amendment be adopted, by adopting the findings of fact and law contained in the staff report and finding that the Future Land Use Map amendment and approval thereof is consistent with the Future Land Use Element A-1.7 of the Comprehensive Plan (FLUM amendment findings), LDR Section 3.1.1 (Required findings),and the Goals, Objectives, and Policies of the Comprehensive Plan. The Planning and Zoning Board reviewed the text amendment portion of the transmitted Comprehensive Plan Amendment at its meeting of July 14, 2008 and recommended approval, by adopting the findings of fact and law contained in the staff report and finding that the amendment and approval thereof is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. The results will be presented at the City Commission meeting. The Planning and Zoning Board will consider the ORC Report and the recommended response at its December 8, 2008 meeting. The results of that meeting will be presented at the City Commission Meeting. RECOMMENDATION By motion, approve on second reading, Ordinance No. 17-08, by adopting the findings of fact and law contained in the staff report and finding that the amendment supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan and .finding that the Future Land Use Map amendment is consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan, and transmit the adopted Amendment with the response to the ORC Report to the Florida Department of Community Affairs. ~~~ ,~, .;. ~ MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Mark McDonnell, AICP, Assistant Director Planning & Zoning THROUGH: City Manager DATE: June 13, 2008 SUBJECT: AGENDA ITEM 10 B -REGULAR COMMISSION MEETING OF JUNE 17, 2008 ORDINANCE NO. 17-08 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2008-11 ITEM BEFORE COMMISSION The item before the Commission is that of approval on first reading and transmittal of Comprehensive Plan Amendment 2008-1 to the Florida Department of Community Affairs. BACKGROUND The City Commission initiated Comprehensive Plan Amendment 08-1 on February 26, 2008. This amendment represents the first amendment for the year 2008 and includes the EAR-based amendments to the Plan. The amendment includes City-initiated text amendments to implement the recommendations in the adopted 2006 Evaluation and Appraisal Report, a City-initiated text amendment to the Land Use Designation/Zoning Matrix Table in the Future Land Use Element, and one (1) City-initiated Future Land Use Map Amendment. A brief description of each item suggested for inclusion in the Plan Amendment is listed below: The modified Goals, Objectives and Policies of the Comprehensive Plan have been attached. The supporting data for each of the Plan elements will be presented and discussed at the meeting. • The following proposed text changes are to implement the recommendations contained in the adopted 2006 Evaluation and Appraisal Report: Future Land Use Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update all maps to reflect current city boundaries. 3. Update existing land use and .population data, including supporting maps and tables. 4. Update Map #3 and Table L-5, Potential Residential Units as required to reflect development of some parcels. 5. Update vacant land analysis. 6. Update Map #11, Annexation Areas, to reflect completed annexations. 7. Update Redevelopment Analysis section to reflect completion of all Redevelopment Plans. 8. Update descriptions for all land use categories to include intensities and densities. 9. Update Goals, Objectives and. Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. 10. Add new policies to achieve an appropriate mix of uses, direct resources to infrastructure improvements downtown, and explore additional downtown open space opportunities. 11. Add policies to affirm the City's continued commitment to workforce housing. 12. Add policies to develop design guidelines for the North Federal Highway area and evaluate the need for guidelines in the Congress Avenue Corridor and Four Corners Area. Transportation Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update all maps to reflect current city boundaries. 3. Update Table T-1, Street Network Classification and Improvements. 4. Update Map #13, Existing Roadway Laneages to reflect roadway modifications. 5. Update Map #15, Existing Annual Average Daily Traffic Conditions and Map #16, Peak Season PM Peak Hour Peak Direction Traffic Conditions to reflect 2005 traffic conditions. 6. Update Table T-5, 1999 Intersection Accident Data, to reflect 2006 data. 7. Update Table T-6 and T-7 to update 2000 future traffic conditions to 2010. 8. Update Map #17, Intermodal Facilities. 9. Update Map #18, Major Trip Producers/Attractors. 10. Update Table T-8, Future Over-Capacity Facilities. 11. Update Map #20, 2015 Operating Conditions, to 2025. 12. Update Map # 21, 2015 Cost Feasible Plan, to 2025. 13. Update Table T-9, 2015 Roadway Improvement Schedule, to 2025. 14. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Housing Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update all maps to reflect current city boundaries. 3. Update the existing conditions tables from 1995 data to 2005 data. 4. Update Table HO-11, Number of Substandard Units from 1990 to 2000 Census data. 5. Update the 200 forecast tables to years 2010, 2015, 2020 and 2025. 6. Update, Table T-20, Potential Residential Units, to match Table L-5 in Future Land Use Element. . 7. Update Affordable Housing section to reflect new City initiatives. 8. Update Map #22, Neighborhood Categorization Map to reflect changed conditions and modify text to eliminate Redevelopment Category. 9. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. 10. Add new policies to affirm the City's continued commitment to workforce housing. Public Facilities Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Coastal Management Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update Table CM-1 and Map #23, Coastal Planning Area Land Uses, 3. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Conservation Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Onen Space and Recreation Element 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives, and to incorporate appropriate changes to goals and objectives gleaned from the EAR public hearing processes. Intergovernmental Coordination Element 1. Update Introduction and support data throughout the element conditions. 2. Update General Fund and Expenditure Five Year Forecast Table. 3. Update Pledgeable Revenue Matrix. 4. Update Goals, Objectives and Policies as required to modify eliminate completed initiatives. Public Schools Facilities Element as appropriate to reflect current partially completed initiatives or 1. Update Introduction and support data throughout the element as appropriate to reflect current conditions. 2. Update element to reflect changes related to the second amendment to the Interlocal Agreement. 3. Update Goals, Objectives and Policies as required to modify partially completed initiatives or eliminate completed initiatives. • Future Land Use Element -Amendment to the Land Use Designation/Zoning Matrix table to modify zoning districts to be consistent with additional Future Land Use categories. City-Initiated Future Land Use Map Amendment: • City initiated Future Land Use Map amendment to assign a City Future Land Use Map designation concurrently with the annexation of the Fair Oaks Center property. The current County Land Use Map designation is INST/.18 (Institutional, with an underlying High Residential - 18 units per acre) and the Proposed City designation is CF (Community Facilities). REVIEW BY OTHERS The Planning and Zoning Board held a public hearing regarding the City initiated land use. amendment portion of the request on Apri121, 2008. Presentations were made by staff and no one from the public addressed the Board. The Board unanimously (7-0) recommended the amendment be adopted by, adopting the findings of fact and law contained in the staff report and finding that the Future Land Use Map amendment and approval thereof is consistent with the Future Land Use Element A-1.7 of the Comprehensive Plan (FLUM amendment findings), LDR Section 3.1.1 (Required findings),and the Goals, Objectives, and Policies of the Comprehensive Plan. The Planning and Zoning Board will review the text amendment portion of the Comprehensive Plan Amendment at its meeting of June 16, 2008. The results will be presented at the City Commission meeting. RECOMMENDATION By motion, approve on first reading, Ordinance No. 17-08, by adopting the findings of fact and law contained in the staff report and finding that the amendment supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan and finding that the Future Land Use Map amendment is consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan, and transmit the Amendment, containing the materials in the staff report with attachments to the Florida Department of Community Affairs. ORDINANCE NO. 17-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSNE PLAN AMENDMENT 2008-1, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2008-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan -Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2008-1; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held public hearings on April 21, 2008 and May 19, 2008, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearings, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2008-1 be transmitted; and WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, proposed Comprehensive Plan Amendment 2008-1 was submitted to and reviewed by the City Commission; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2008-1 was held by the City Commission on May 20, 2008, at which time it was authorized to be transmitted to the Florida Department of Community Affairs for required review; and WHEREAS, following review by the Florida Department of Community Affairs a second public hearing will be held, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:. Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act." Section 3. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2008-1," which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. That the document entitled "Comprehensive Plan -Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2008-1. Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD. NO.17-08 Section 7. That the effective date of this ordinance, is upon the date a final order is issued by the Department of Community Affairs (DCA) finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. ATTEST MAYOR City Clerk First Reading Second Reading ORD. NO. 17-08 City of Delray Beach Comprehensive Plan Goals, Objectives and Policies Future Land Use Klement Future Land Use Element GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO SUSTAIN AND ENHANCE THE EXISTING G?UALITY OF LIFE, COMPLIMENT AND BE COMPATIBLE WITH EXJSTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINATELY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE AND ENCOURAGE ACCESSIBLE AFFORDABLE EVERYDAY SERVICES. Objective A-1 Property shall be developed or redeveloped, in a manner so that the future use, intensity and density ~ are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; ~ are complementary to and compatible with adjacent land uses; and fulfills remaining land use needs. Policy A-1.1 The descriptions of land use designations contained in this Element are hereby adopted and establish the intensity of use for each future land use category and compatible zoning district designations. Policy A-1.2 Zoning changes which would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exist along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. Strip commercial development, in this context, is characterized by several of the following design features: buildings are arranged in a linear {or strip) format on a narrow depth lot; parking is generally street frontage or on-street; uses are one store deep; no design integration among individual uses; typically no pedestrian access between adjacent developments; very little ar no uniformity of signage on an individual development. Policy A-1.3 The Commerce land use designation, which involves a mix of light industrial, commercial uses, and research and development, is the most needed land use during the City's final stage of build-out. Thus, changes to the Future Land Use Map, which diminish this land use, are discouraged. Policy A-1.4 The City shall undertake a comprehensive study of economic development issues and needs in FY ~~ 08/09. The study will, at a minimum, assess the major economic components of the City to determine the uses necessary to accommodate employment needs and sustain economic growth. .Recommendations made in the study regarding land use needs shall be adopted as policies in the Future Land Use Element. Future Land Use Element Policv A-1,5 As the City has an ample supply of housing designed to accommodate its seasonal and retirement population, new residential developments shall be designed for a balanced demographic mix of permanent year-round residents. This shall be accomplished through the implementation of policies from Objective B-2 of the Housing Element. Policv A-'1,6 To encourage revitalization of the City's Central Business District and enhance the residential character of the western portion of the City, Future Land Use Map amendments to commercial designations in the area west of Interstate 1-95 shall be discouraged. Policv A-1.7 Amendments to the Future Land Use Map (PLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: ^ Demonstrated Need -- "that there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and PLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the PLUM designations of Conservation or Recreation and Open Space; nor shall it apply to PLUM changes associated with annexations when the City's advisory PLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLI,IM amendments. ~ Consistency -- The requested designation is consistent with goals, objectives, and policies of the most recently adopted Comprehensive Plan. ^ Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. ^ Compatibility -- The requested designation will be compatible with existing and future land uses of the surrounding area. ^ Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Policv A-1.8 Future proposals to establish regional public facilities shall be supported by data which demonstrates that the loss of property tax revenue and other negative impacts will be offset by mitigating measures which may include, but are not limited to: payment of fees, creation of significant numbers of local jobs, and measures to control odors, noise, trot#ic, and other potential impacts on the surrounding communities. If the approving body determines that the negative impact of a particular facility cannot be substantially offset by mitigating measures, the application shall be denied. 2 Future Land Use Element Policv A-1.9 . The primary function of the d~+ot Congress Avenue Mixed Use Future Land Use designation is to attract Class A office development while allowing limited residential development (including workforce housing} and support commercial uses. The designation w+il allows commercial and office development at a total maximum FAR of 1.0. The commercial uses are limited to 20°I° of the total float area of a master development plan. Office uses may comprise one hundred percent (100°1°) of the total floor area of a master development plan. Residential development, at a maximum density of up to 50 units per acre within 2,500 linear feet of the Tri Rail Station, and 40 units per acre for the balance of the corridor, will be allowed. Residential use may comprise up to 100°~° of the total floor area of a master development plan within 1,000 feet of the Tri-Rail Station; 80°l0 of the total floor area between 1,001 and 2,500 feet of the Tri-Rail Station; and 75°l° of the total floor area for the balance of the corridor. The maximum FAR for residential uses is 2.0. Development must have an emphasis on non-vehicluar (e.g. pedestrian and bicycle) access to mass transit, including but not limited to, Tri-rail and Palm Tran. Policv A-1.10 In FY 2008/09, the Planning & Zoning department shall evaluate the need for establishing design guidelines for the Congress Avenue Corridor and the Four Corners Overlay District. Policy A-1.11 In FY 2008109, the City shall work with the Chamber of Commerce to develop a marketing plan to attract new business and promote redevelopment of the Congress Avenue Corridor. Objective A-2 To reduce, and eventually eliminate, uses which are inconsistent ~~~~+" +"o nhnr~n+or of with predominant adjacent land uses, and to insure compatibility of future development, the following policies shall be applied. Policv A-2.1 The City shall continue its Code Enforcement Program at funding and staffing levels to no less than that of FY X5196 07!08. Policv A-2.2 Prior to approving any development application which Games before it, the applicable approving board must make a "finding of overall consistency"' of the requested land use action with the objectives and policies of the Future Land Use Element. Policy A-2.3 Development of remaining vacant properties shall occur in a manner which is consistent with and complementary to adjacent development regardless of zoning designations. This policy shall be implemented through the review process associated with platting and site plans. 3 Future Land Use Element Policy A-2.4 Automobile uses are a significant land use within the Gity and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following shall apply: 1 } Auto related uses other than gasoline stations, wash establishments, and auto parts sales, shall not be permitted in the area encompassed by the GBD zone district. 2} Automobile dealerships shall not locate and/or expand in the following areas: 0 Within the GBD zone district; ^ West side of Southbound Federal Highway between George Bush Boulevard and S.E. 10th Street; ^ East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; D C.~n properties fronting George Bush Boulevard, east of Federal Highway. 3} Rezoning to AG (Automotive Commercial} to accommodate auto dealerships shall not be permitted west of I-95. 4} Automobile dealerships shall be directed to the following areas: ^ North of George Bush Boulevard, between Federal and Dixie Highways; D East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; D South of Linton Boulevard, between Federal and Dixie Highways; ~ l~^trna+ t~ C G 1 ~th , rrwcr°c Q-~- in ~~ D Qn the north side of Linton Boulevard, between i-95 and S.W. 10th Avenue, and along Wallace Drive. 5} Auto related uses which involve the servicing and repair of vehicles, other than as part of a full service dealership, shall be directed to industrial/commerce areas. Policy A-2.5 The section of the Land Development Regulations that deals with nonconforming uses and structures shall be comprehensively evaluated in order to ensure that the restrictions on the continuation, expansion, and improvement of nonconforming structures and uses are clear and enforceable. This evaluation and the subsequent LDR changes shall be completed in FY 9-~-/9~ 08/09. 4 Future Land Use Element Qbiective A-3 The development or utilization of remaining vacant land shall provide for the creation and retention of open space and the rententian of natural resources. This objective shall be met through the following policies: Policv A-3.1 Prior to recommending approval of any land use application which involves vacant land, the appropriate approving board must make a finding that the requested land use action is consistent with this objective and its supporting. policies. Policv A-3.2 Proposed development should not adversely affect any land identified as an environmentally sensitive area pursuant to {~bjeetive B-1 of the Conservation Element. Policy A-3,3 Proposed development shall accommodate required open space as provided for under Objective B-1 of the {}pen Space and Recreation Element. Objective A-4 The redevelopment of land and buildings shall provide far the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Qrdinance and, where applicable, to architectural design guidelines throe h ate the following policies: Policv A-4,1 Prior to approval or recommending approval of any land use ar development application for property heated within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.'I of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Paliey A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, ar districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources at least once everv five vears. Qbiective A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlini~ged e€ processes including, but not limited to, building permit processes far residential developments and to accommodate ,mixed-use developments, and other innovative development practices. Policv A-5.1 The City shall continue to enforce its existing sign code. 5 Future Land Use Element PolieY A-5.2 The City shall continue to enforce its Flood Damage Protection Ordinance. Policy A-5.3 The City shall continue to enforce its existing off-street parking regulations. Objective A-6 Urban sprawl shall be discouraged by the provision of services necessary for development of unnerved parcels in the City's Planning Area. Objective A-7 To encourage the provision of workforce housing and transit-oriented workforce residential development in the City, the following policies shall be implemented. Policy A-7.1: The maximum density may be increased within the Medium Density, General Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program". The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. Policy A-7.2: Workforce Nausing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: The MROC (Mixed Residential Office Commercial} zoning district shall have a maximum density of 40 units per acre except within the Tri-rail Station Overlay where the maximum density is 50 units per acre. • The Sauthwest.Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. The I-95/CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. The SW 1Q~h Street Overlay District shall have a maximum density of 12 units per acre. The Four Corners Overlay District shall have a maximum density of 30 units per acre. • All other Overlay Districts shall have a maximum density of 18 units per acre. Policy A-7.3: Residential Density may not be increased on any property located within the Coastal High Hazard Area through density bonuses in the Workforce Housing Program. 6 Future Land Use Element Policy A-7.4: All Workforce Housing Units, constructed under the FamilylWorkforce Mousing Program, shall remain affordable for a period of no less than forty {40) years commencing from the date of initial occupancy of the unit. Policy__A-7.5: The City shall monitor the progress of its affordable housing initiatives and may modify the program ar enact other provisions to improve the program when necessary. GOAL AREA "B" THE REMAINING GROWTH OF THE GOMMUNITY SHALL OCGUR IN A MANNER WHERE NEW DEVELOPMENT AND REDEVELOPMENT WILL BE SERVIGEABLE AND tT WILL NOT IMPEDE THE GOMMUNITY`S ABILITY TO AGGOMMODATE FUTURE GRO~IUTH OR DETRAGT FROM 1TS GURRENT QUALITY OF LIFE. Ubiective B-1 New development shall not occur upon land which is needed far public facilities or greens ace which are necessary to support development within the community. Policv B-1 .'1 The Land Development Regulations shall continue to include provisions far the dedication of rights-of--way far streets and easements far the installation of water, sewer, and drainage facilities. C)biective B-2 Facilities and services which are provided by, or through, the City of Delray Beach shall be provided to new development concurrent with issuance of a Certificate of Occupancy pursuant to the fallowing policies. Policv B-2.1 Services and facilities shall be provided pursuant to the levels of service as established elsewhere in this Plan, concurrent with occupancy. Far water facilities, concurrency shall mean that direct connection to a functioning municipal system is made. Far sewer facilities, concurrency shall mean that direct connection to a functioning municipal system is made; or, where such facilities are not reasonably accessible {as defined in the Land Development Regulations), connection to a septic system that meets the requirements of the County Health Department. Far public schools, concurrency shall be defined as the improvement is in place ar construction appropriations are specified within the first. three years of the mast recently approved School District of Palm Beach County Five Year Capital Improvement Schedule, as reflected in Table SD-CIP of the Capital Facilities Element. Far streets, drainage, and other facilities concurrency shall be determined by the fallowing: ^ the improvement is in place prior to issuance of the occupancy permit; ^ the improvement is banded, as a part of the subdivision improvements agreement or similar instrument, and there is a schedule of completion in the banding agreement; 7 Future Land Use Element ^ the improvement is a park of a governmental capital improvement budget; it has been designed; and a contract for installation has been solicited. Policy B-2.2 As a part of the City's concurrency Management System, prior to issuance of any certi~Ficate of occupancy, the Chief Building Official or a designee shall certify that concurrency is achieved. Poliev B-2.3 Prior to recommending approval of any land use application which comes before it, the Local Planning Agency, or appropriate approving body, must make a finding of consistency with this objective and its supporting policies. If such a finding cannot be made, either conditions shall be made which provide for concurrency or the land use request shall be denied. Poliev 8-2.4 All drainage plans shall be reviewed pursuant to the policies of the ~alte Worth Drainage District andlor the South Florida Water Management District, as applicable. This shall be' accomplished by referral of development applications to these agencies. Na building ..permit , ~~r-evi~~ed~shall beal+~~ issued unless and until an approval of drainage plans has been granted by the appropriate review agency. Policy B-2.5 All site plans and plats which have direct access to State roads shall be referred to Florida Department of Transportation (EDDY}, Permits from FDOT shall be obtained prior to approval of final plat ar building permit, whichever is applicable. Poliev B-2.6 All site plans and plats which have direct access to County roads shall be referred to Palm Beach County. Permits from Palm Beach County shall be obtained prior to approval of final plat or building permit, whichever is applicable. C}biective B-3 The City of Delray Beach may provide facilities and limited services far that area within its planning boundaries which is not yet annexed. The City shall annex such properties +~a-a-tip°'~r ~~^~°r as their become eli_ iq~ble. Poliev 8-3.7 Services shall be provided to unincorporated areas upon annexation and they shall be at a level which exists for land uses elsewhere in the City under the same ar similar conditions. In circumstances where it not feasible or appropriate to accomplish annexation, individual services {e.g. fire protection, Cade enforcement}, may be provided to unincorporated parcels within the Planning Area, through an interlacal agreement. This paragraph shall not apply to water and sewer services, in areas which received these services from Palm Beach County, prior to annexation. Poliev B-3.2 Water and sewer facilities may be provided to unincorporated areas by the City, upon demand, in a manner consistent with policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntarily annex upon eligibility unless the property is already eligible in which case, annexation shall precede the provision of services. 8 Future Land Use Element Policy 8-3.3 fie-made--t#~at Within the Delray Beach Planning Area, the City's F~UM designation shall be in effect immediately upon annexation of a specific parcel. Following any annexation, the Future Land Use Map, and appropriate portions of the Comprehensive Plan, shall be amended to reflect the change in the City's boundaries. Policy 8-3.4 For purposes of implementing Policy 8-3.3, the Future Land Use Map designations as initially contained on the City's Future Land Use Map upon adoption in November, 1989, {and as formally amended subsequently} are hereby deemed to be the Future Land Use Map designations for the territory subject to provisions of the interlocal agreement. Policy B-3.5 The City shall, ~~, undertake the foffowing program for the annexation of remaining eligible properties: ^ Preparation of an "urban services annexation report"' as required by Florida Statutes, for each of the remaining designated annexation areas: A. Foxe Chase subdivision B. Delray Community Hospital Area C. Barwick Road (just north of Atlantic Avenue} D. Atlantic Avenue & Military Trail, {less the portion of Country Club Acres west of Military Trail and High Point of Delray West} E. The North Military Trail / Barwick Road Area Area, F. High Point Delray Area {north of Atlantic Avenue} G. Country Club Acres {west of Military Trail} {See Map #11 for a geographical description of the above referenced areas}. ^ Working in concert with the Palm Beach County Planning Department, address the annexation of improved property which lacks adequate sewer, water, street, and/or drainage facilities pursuant to the Palm Beach County Annexation Incentive Program; ^ Recommend whether annexation should be pursued, and if sa, the means by which annexation should occur. ^ Accommodate individual voluntary annexations as the opportunities arise. 9 Future Land Use Element Policv 8-3.6 The City of Delray Beach hereby supports legislation at the State level which allows far unilateral annexation by municipalities in designated urban areas. GOAL AREA "C" BLIGHTED AREAS OF THE CITY SHALL BE REDEVELOPED AND RENEWED AND SHALL BE THE MAJOR CONTRIBUTING AREAS TO THE RENAISSANCE OF DELRAY BEACH. t7biective C-1 Blighted areas, as designated by the City Commission, shall receive special attention and assistance in renewal. This objective shall be implemented through the following policies and activities. Policv C-1.1 Residential areas shall be categorized in terms of their level of need and programs shall be identified to provide assistance. This policy shall be implemented through objectives and policies in the Housing Element, including a commitment to maintain andlar increase Community Development staff and funding levels to implement the programs. Policy C-1.2 The City shall work with the Community Redevelopment Agency (CRA) far the improvement of neighborhoods within the CRA boundaries. The City shall take the lead in the preparation of Strategic Task Team Neighborhood Action Plans ~Iec3d pl~(as described in the Nausing Element) The unique powers of the CRA eh~a# m~ be used in the implementation of appropriate provisions of such plans. Policv C-1.3 The City shall concentrate efforts in the heavy industrial and undeveloped areas slang arterial roadways in order to provide a better image of the community. Such efforts should include: ^ enhanced and continuous cads enforcement, ^ regulations which require heavy industrial uses to provide perimeter landscaping of their sites, ^ owners of vacant property shall provide a landscaped .appearance of their properties. Policv C-1.4 The following pertains to the North Federa! Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-af-way to the west, the easterly boundary of the CRA to the east, NE 4`h Street to the south, and the north City limits to the north. Properties in the corridor that front an Federal Highway primarily contain small-scale, strip commercial development. Many parcels in the area contain vacant or dilapidated 10 Future Land Use Element structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezanings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. In FY 2008/09, the Planning & Zoning department shall evaluate the feasibility of establishing design guidelines for the corridor. P©licy G-1.5 The following pertains to the redevelopment of the West Atlantic Avenue C7orlnir~Inr~m~nF Area: This area extends in a corridor allong Atlantic Avenue eastward frarn I-95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini-parks, commercial uses abng Atlantic Avenue and N.W. 5th Avenue, and scattered vacant parcels. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The plan establishes Future Land Use Map designations, zonings, special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment plan. Policy C-1.6 The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which contains some mixed use but is primarily single family. It also involves the adjacent land use of the Floranda Mobile Home Park which is a well maintained land use but which may, in the future, be inappropriate for its location along Federal Highway adjacent to a regions! shopping center. The Silver Terrace Redevelopment Plan was adopted by the City Commission on March 5, 1996. The plan establishes Future Land Use Map designations, zonings, and special develapment standards for the redevelopment area. Future develapment in the area must be in accordance with the provisions of the Redevelopment Plan. Policy C-~1.7 The following pertains to redevelopment of the Southwest Neighborhood ~ev+m Area: 11 Future Land Ilse Element This area is generally defined as the area bounded by West Atlantic Avenue an the north, SW 10t Street on the south, Interstate 9~ an the west, and Swinton Avenue an the east. Many of parcels in the area contain vacant ar dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adapted by the City Commission at its meeting of June 3, 200. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. Policv C-1.8 The following pertains to redevelopment of the Wallace Drive Industrial Area: This area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and Itttle or no code enforcement. The Wallace Drive Industrial Area Redevelopment Plan was adopted by City Commission on January 6, 2004. The Plan establishes proposed land use designations for the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. The Redevelopment Plan encourages the development of light industrial, limited commercial and office uses in an urban setting. Aggregation of parcels is encouraged tP~raughaut the area to accommodate unified development. Policv C-1.9 The follawinq pertains to the vicinity of Lindell and Federal Highway: This area extends from the C-15 Canal northward between Federal and Dixie Highways. The area does not include the existing tHondal automobile daalersl-~ip but does include the mobile home park north of it. Half of the land is vacan#, almost half is underutilized as a substandard trailer park, and a few lots have residences upon them. The Lindell/Federal Highway Redevelopment Plan was adopted by the City Commission on April 4, 2000. The plan establishes proposed land use designations far the Redevelopment Area. Future development must be in accordance with the provisions of the redevelopment plan. Aggregation of parcels is encouraged thrau~~out the area to accommodate a unified developmen#. Policv C-1.10 The following pertains to the area on bath sides of S.W. 4th Avenue, north of Linton Boulevard. This area involves warehouses, heavy industrial use, sporadic residential uses and vacant land. The vacant land was platted as a part of the Woods of Sauthridge 12 Future Land Use Element Subdivision. The SouthridgelSW 4t" Avenue Redevelopment Plan was adopted by City Commission on June 15, 1999. Future development must be in accordance with the provisions of the Redevelopment Plan. Policv G-1.11 The following pertains to the area bounded by S.E. 2nd Street, Federal Highway, S.E. 5th Street, and Swinton Avenue (Osceola Park area}: This area has industrial uses with inadequate parking to the west, commercial uses to the east, and a mixed residential area which has turned mainly into renter-occupied units. It is also encompassed by wellfield protection zones. The Osceola Park Redevelopment Plan was adopted by the City Commission on December 6, 2004. The primary focus of this redevelopment plan is to arrest deterioration, provide adequate parking and services for the existing industrial and commercial areas, and accommodate housing which is compatible with the other uses. The Plan establishes proposed Future Land Use Map designations for the area. Future development must be in accordance with the provisions of the Redevelopment Plan. Policv G-1.12 The following pertains to the South Federal Highway area, south of Linton Boulevard. In FY 2008!09, the City's Planning & Zoning Department shall review existing land uses in this area and shall create a redevelopment plan, overlay district or other development tool to promote and guide future redevelopment of the area. Policy C-1.13 The following The following pertains to the Linton Bouilevard area, from I-95 east to Federal Higheway. In FY 2008/09, the City's Planning & Zoning Department sha!! review existing land uses in this area and shall create a redevelopment plan, overlay district or other development tool to promote and guide future redevelopment of the area. 13 Future .and Use Element „ ~~ ~e~ ~e~~ . , ~4 Future Land Use Element • , ~~}e~~tiue-G~3 C3biective C-2 Economic development, with due regard for private property rights; historic preservation and character, is an essential component of the redevelopment and renewal efforts which are directed to the future of the City of Delray Beach. Specific efforts for the coordination and provision of economic development activities shall be centered in the City Administration's Development Services Management Group. Those efforts shall be governed by the following policies. ~-+al~+~~-G-~a- Pc~licy C-2.1 The City of Delray Beach hereby acknowledges the role of Culture and the Arts in Economic Development and pledges in pursuit of a theme of this Comprehensive Plan -- A Renaissance Community -- the promotion of the arts and accommodation of cultural activities for economic development ends. ~: F~1+~-3~:~ Policy C-2.2 Alleys located within the Old School Square Historic District on either side of Swinton Avenue shall remain and be made available for access to abutting properties. Accordingly, these alleys shall not be abandoned to private interests. 15 Future Land Use Element ~~~--C-3-:4 Policy C-2.3 The City's Coastal Area is one of its most valuable resources in terms of economic attraction, recreation, and natural beauty. While action is appropriate to .capitalize upon the economic benefits of this resource, commercialization and promotion shall not occur to such an extent that they diminish this beach resource. A~v~-C-4 Objective C-3 The Central Business District (CBD) and surrounding neighborhoods, including A-1-A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village ~~ -s~mmu~ity by the sea". "the continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan ^f "° r~E+„ ~°} " by managing growth and preserving the charm. The following policies and activities shalt be pursued in the achievement of this objective. ~'-e~y-~-4:'I Policy C-3.1 The Central Business District (CBD Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ^ deletion of inappropriate uses ^ incentives for locating retail on the ground floor with office and residential use on upper floors ^ accommodating parking needs through innovative actions ^ incentives for dinner theaters, playhouses, and other family oriented activities ^ allowing and facilitating outdoor cafes ^ incentives for mixed use development and rehabilitations ^ elimination of side yard setback requirements ^ allow structural overhang encroachments into required yard areas +~~-AI:~ Policy C-3.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between I-95 and A-1-A, it represents the citizens' vision for the growth and uniftcation of Delray Beach, while still retaining the `"village ~ , ~ ~ by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketingleconomic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. 16 Future Land Use Element ~-el+~y-G~4.3 Policy G-3.3 The Gity shall be the lead agency in pursuing the construction and operation of tiered parking structures with mixed uses in the CBD. ~etis~-4:~ t?efi~~-G-44 Policy G-3.4 The City supports the efforts to revitalize the Pineapple Grove Main Street area, and the use of the Main Street approach: organization, promotion, design, and economic restructuring. Opportunities to promote the area as a Arts District shall be emphasized. r ~~y=G-4.a Policy C-3.5 The City shall monitor development in the TCEA annually to assess the land use mix. Should monitoring show that the rate of development or land use mix vary significantly from projections, the Gity shall reanalyze the traffic impacts of the TCEA on the roadway network. The monitoring effort shall include a review of the implementing policies of the TCEA and adjustments to their schedules as necessary based on the actual rate of development. ~Rel++~"~6 Policy G-3.6 The City shall continue to exempt land uses within the TCEA from traffic concurrency requirements. Ref-io~t-G-4~ Policy G-3.7 Developments of Regional Impact {DRI), even when located within the TCEA, shall be subject to the requirements of Chapter 380, F.S. ReFi+s-~-C-4:-~ Policy G-3.8 The City will participate, along with the CRA, in funding the development of publicfprivate parking lots in the Pineapple Grove Main Street area. Objective G-5 The relationship between coastal area population and measures for evacuation in the event of a hurricane shall be enhanced through the requirement that redevelopment of existing properties in the coastal zone shall be consistent with the Future Land Use Map as apposed to reconstruction to current intensities, except as provided in Goastal Management Policy C-3.5. GOAL AREA "D" THE PUBLIC SCHC?t}L SYSTEM WHICH SERVES ©ELRAY BEACH SHALL BEAN ASSET TQ THE Ct7MMUNITY THROUGH ANTtClPATtNG ANQ ACCC}MMOL)ATlNG THE NEEC}S AND DESIRES QF EXlSTtNG ANL? FUTURE RESIL?ENTS QF THlS CITY. Objective Q-1 17 Future Land Use Element The City shall' strive to maintain a school population that mirrors the diversity of our community. o a t-J..~:,.~, n_~.~s Policv D-1,1 ~v#~+c# . The City shall advocate for housing strategies that enable residents of different socio-economic background to live work and attend schools in bur community +~~-13--1:~3 Policv D-1.2 The City will continue monitoring the Advisory Boundary Committee ABC and participate and advocate as necessary in their discussions relating to boundary changes that may affect +"° ,~~sj°r°;+„ °nd socio-economic balance within our schools. ~, F-oti~-y-9-1:5 Policv D-1.3 ,~ .The City will strive to support specialized acadernies and choice programs to improve the diversity that has been compromised by recent boundary changes with the creation of neighborhood schools. 4biective Q-2 The role of schools in their neighborhoods shall be enhanced so that the school facilities aid in achieving the goals and objectives of this Comprehensive Plan, particularly those identified in the Housing Element, which are directed toward the stabilization and revitalization of neighborhoods. Policv d-2,1 The City shall make improvements to sidewalks and pathways under its jurisdiction which, without such improvements, would require that the School Board transport students. New developments shall be required to comply with this policy by providing such pathways concurrent with the, development. Policv D-2.2 The City will work with the School Board to maximize ~pp~s the use of the Delray Full Service Center. ~+Nage-A~3t-: 18 Future !-and Ilse Element Policy D-2.3 The City will work with the School Board to insure that a new middle school of the arts is constructed on the exis~t+ng old Atlantic High School site ~Seacrest Boulevard) enhancing the neighborhood in which it is located. Objective D-3 The City shall cooperate with the School Board to achieve placement of new schools inside of the County's urban services area, to upgrade and enhance existing facilities within the City, as provided for in The School District of Palm Beach County's 5-Year Plan and Capital Budget. Policy D-3.1 The City shall work with the School Board to provide appropriate infrastructure and physical plant improvements Policy D-3.2 The policies of this objective shall be coordinated through ongoing communications between the Office of the City Manager and the School District Superintendent. There shall be a mutual obligation to insure that all policies within this goal area are urgently pursued. Policy D-3.3 The City shall work with the School Board towards constructing and placing into operation, a new middle school of the arts . at the old Atlantic Hlgh School site (Seacrest Boulevard}. Policy D-3.4 Public educational facilities of The School District of Palm Beach County shah be consistent with all land use categories except Conservation. Policy D-3.5 The location and construction of new public education facilities and the expansion of existing facilities shall be permitted based upon a finding that the proposal is consistent with applicable goals, objectives, and policies of the Comprehensive Plan, and is compatible with adjacent land uses and development patterns. Policy D-3.6 The City shall encourage the School Board to select elementary and middle school locations that are within a reasonable walking distance from neighborhoods that have substantial numbers of children who will attend the school. The sites should be easily and safely accessible to pedestrians, bicycles, school busses, mass transit, and cars. Whenever possible, access to the site should be from a collector road {City collector or local road for elementary schools}, as opposed to an arterial road. Policy D-3.7 The City shall seek to co-locate public facilities, such as parks, libraries, and community centers, with public educational facilities of The School District of Palm Beach County to the greatest extent possible. 19 Future Land Use Element Policy D-3.8 The City supports the Classroom Size Reduction (CSR} policy of the School district of Palm Beach County to enhance the learning environment of Delray Beach schools. Objective D-4 The City shall work toward the continued improvement of its schools and to promote a positive image of the local public education facilities. Policy D-4.1 The City wiH continue to lobby the School Board for an equitable amount of funding and resources for schools located within the City. Policy D-4.2 Through its Education Board, the City will work to publicize the improvements that have been made to local schools, and to ensure that the schools, students and teachers are recognized for their achievements. This will be achieved through the production of informational brochures and the conducting of special programs and activities to promote education and the local schools. Objective D-5. ' ,The City Supports the School Board's .policies and programs that are intended to raise student achievement. Policy D-5.1 The City will continue its efforts to help improve student achievement, by working in concert with the School Board to provide programs and resources that are appropriate to the unique demographic profile of each school located within the City and help secure funding as necessary. Policy D-5.2 The City shall encourage and help to promote the School District to +n~ieme~t pre-kindergarten programs., irfr~~~ „yin„ Cvnon+inn~l C}„e-Ic~n} Fr1i ~na~inn r~ec~ Policy D-5.3 The City will continue to lend its support to Village Academy #-he school by providing technical assistance and " ~iartnerinc~ and funding of the Beacon Center pro ram. Policy D-5.4 The City will determine the need and advocate for Beacon program expansions. Policy D-5.5 The Education Board will continue to support our schools by focusing on Literacy, parental. Involvement, and Community Partnerships that will enhance academic success. 2Q Transportation Element GC}Al_ AREA "A" THE CITY'S TRANSPORTATION SYSTEM SHALL ACCOM- MODATE FUTURE GROWTH THROUGH IMPROVEMENTS TO ITS STREET SYSTEM, INCLUDING MULTI-MODAL, PEDESTRIAN, BICYCLE AND PUBLIC TRANSPORTATION, AND ALTERNATIVES THERETO DIRECTED TOWARD ENHANCING ACCESSIBILITY, FACILITATING TRAFFIC FLOW THROUGH REAL TIME TRAFFIC MONITORING AND TRAFFIC DEMAND MANAGEMENT INITIATIVES, AND DOING SO IN A CONVENIENT, SAFE, AND EFFICIENT MANNER 46iec#iue A-1 Alternatives to use of the automobile through the provision of a safe, convenient and energy efficient integrated multimodal transportation system shall be made available to Delray Beach residents and visitors through the following policies: Policy A-1.1 The City will monitor efforts to establish a high speed rail system in South Florida. If such a system is implemented, the City will work to obtain a route which is convenient to access but which minimizes impacts to residential areas. Policy A-1.2 The City endorses the Tri-Rail Commuter Rail System and the Amtrak passenger rail system, and further supports the continuation of station stops in Delray Beach. Policy A-1.3 The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Policy A-1.4 The C`sty supports the eventual use of the F.E.C. rail corridor for commuter travel, and its potential to link the City's downtown with the downtowns of other eastern cities along the corridor. Policy A-1.5 New residential projects over 25 units and nonresidential projects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install achy-approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in-lieu of providing the bus shelter on site. Policy A-1.6 Provisions for safe and convenient non-vehicular (e.g. pedestrian and bicycle} acess to mass transit, including Tri-rail and Palm Tran, shall be required for redevelopment projects within the MROC zoning district to support increased residential densities and mixed-use development. Policy A-1.7 "fhe City shall work with the County to emphasize multimodal non- vehicular and public transportation alternatives to the automobile with redevelopment of the Congress Avenue corridor. 21 Transportation Element Objective A-2 The traffic circulation system, and improvements thereto, shall be coordinated with new development as depicted on the Future Land Use Map in order to retain the appropriate level of service or otherwise provide far adequate and safe access concurrent with such new development. Implementation of this objective shall be accomplished through the following policies. Policy~A-2.1 Development proposals which add over 1 % to the existing volume of any streets within its radius of influence (as defined by the Palm Beach County Traffic Performance Standards}, that are currently operating below the acceptable level of service shall not be approved unless contracts have been let for required street improvements. This does not apply to development within the TCEA, which is exempt from traffic concurrency, or Palm Beach County level of service exceptions awarded residential development east of 1-95. Policy A-2.2 Commensurate with approval of development plans, provisions shall be made for dedication of land far the ultimate planned right-of-way of adjacent streets. Such dedication shall also include sufficient right-of-way for expansion of intersections pursuant to the Palm Beach County Thoroughfare Right-of-Way Identification Map. Policv A-2.3 Concurrent with the issuance of building permits, provisions shall be made for the installation of improvements which are necessary to maintain the adopted level of service. Policv A-2.4 concurrency shall be deemed as being met under any of the following conditions: a} The improvement is in place prior to issuance of an occupancy permit; b} The improvement is banded for as a part of the subdivision improvements agreement or similar instrument, and there is a schedule of completion in the bonding agreement; c) The improvement is a part of governmental capital improvement budget; it has been desjgned; and a contract for instaillation has been solicited. Policv A-2.5 The City, through this policy statement, endorses and subscribes to the Palm Beach County'"Traffic Impact Fee" program. Objective A-3 The City through its membership in the Metropolitan Planning Organization (M.P.O.~ and Treasure Coast Regional Planning Council jT.C.R.P.C.~ shall continue to coordinate its traffic and transportation programs with these agencies consistent with the Florida Department of Transportation (FDOT~ and Palm Beach County adopted transportation work programs. 22 Transportation Element Policv A-3.1 "fhe City will request appropriate modifications to MPO plans to implement the needs and recommendations identified in this Element. Policy A- 3.2 The City and the CRA shall work with the M.P.O. to encourage the Florida Department of Transportation to reduce the ultimate right-of-way for North Federal Highway, north of George Bush Boulevard, from 120' to 102'. Objective A-4 Ultimate rights-of-way shall be provided per the schedule contained in Table T-1. Setback requirements for new construction along streets shown in Table T-1 shall be measured from the. ultimate property line, thus, providing protection of these rights-of- way from building encroachment. Objective A-~ Special attention shall be paid to high pedestrian, bicycling and motor vehicle crash aosid~a# areas, and specific alterations asti~r+kiFes shall be undertaken to reduce their occurrence. Policv A-5.1 The City Engineer shall annually determine the most signif+cant accident areas and shall identify methods to mitigate accidents at these locations. Those methods shall be given extra weight in the establishment of priorities among street capital improvement projects and/or referred to the responsible jurisdiction for initiation. ~rer~s- . Policy A-5.2 Additional development in proximity of high accident areas shall include in the required traffic report the specific topic of the accident area. Such development shall not be approved without a finding that the additional traffic generated by, or directed toward, the new development wiN not necessarily exacerbate the situation which has led to the high accident designation. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Policy A-5.3 The City shall guard against the over-commercialization of intersections by restricting land uses which are high trafiPic generators to no more than two adjoining intersection corners. Objective A-6 The City's Land Development Regulations shall continue to provide standards which insure that new development and redevelopment mitigate adverse situations ands provide for functionally safe traffic movements. 23 Transportation Element Policy A-6.1 The Land Development Regulations shall maintain consistent standards for, but not limited to, the following: ^ Location and design of driveway access and on-site circulation; ^ Width and location of curb cuts; ^ Width and location of median openings; ^ Radii of curves and criteria for locations where driveways or private. streets may intersect on curves; ^ Width and conditions of shoulders; ^ Street lighting standards, particularly at intersections; ^ Traffic impact analysis; ^ Cross-access standards Policy A-6.2 The approval of a modification to an existing site development plan andlor conditional use shall be conditioned upon the upgrading of its points of access to meet adopted standards. Policy A-6.3 Abandonment of right-of-way shall not be granted unless it is conclusively demonstrated that there is not, nor will there be, a need for the use of the right-of-way for any public purpose. C}biective A-7 The greatest potential for negative impact to the City's character from the street system deals with the accommodation of east-west traffic flow. In order not to have such an adverse effect occur and yet to provide far efficient traffic flow, the following policies and programs shall be pursued. Policy A-7.1 The City apposes widening or other enhancements of SR A-1-A which would accommodate greater traffic flow since such improvements would encourage the use of A-1-A for inter-area traffic movements and will therefore increase the use of east- west trafficways to access A-1-A. Policy A-7.2 The existing east-west travelway of Lowson Boulevard shall retain its present function of primarily accommodating local traffic ~2 lanes); thus, this road shall not extend west of Congress Avenue in the same capacity as it exists east of it (4 lanes. Further, it is not to become an arterial for inter-area traffic nor become burdened with obstacles to the free flow of traffic; thus keeping it available as a viable travelway for the knowledgeable Delray Beach resident. 24 Transportation Element Policy A-7,3 The Gity maintains a policy of supporting only two through travel lanes on Swinton Avenue, between the north City limits and S.W. 10th Street {excluding the segment between S.E. 1st Street and N.E. 1st Street}, and that the ultimate right-of-way is sixty feet {60'}. Policy A-7.4 The City shall continue its opposition, as expressed in Resolution No. 86- 95, to increases in minimum bridge clearances across the Intracoastal Waterway. The current guidelines call fora 21 foot vertical clearance and 125 foot horizontal clearance. These guidelines will have an adverse impact on residents and business in the vicinity of bridges. Objective A-8 In FY 2008109, a program shall be developed to support the City character by encouraging street trees for green linkages. GC3AL AREA "B" THE MAINTENANCE AND ENHANCEMENT OF THE CITY'S EXJSTIJUG QUALITY OF LIFE SHALL BE COMPLIMENTED BY A CONVENIENT, SAFE AND EFFICIENT STREET SYSTEM WHICH MAINTAINS A_N OPTIMAL LEVEL OF SERVICE. THE SYSTEM SHALL KEEP THE LOCAL TRAFFJCWAYS OF DELRAY BEACH ~ r n r_>ca n rnrc, v UIyCONGESTEI}-L-E--VE-b; THUS RETAINING ONE OF THE UNIQUE ATTRIBUTES OF THE DELRAY BEACH QUALITY OF LIFE AND PROY/DJNG AN ~G>~V-JAFt~-ENVIRONMENT WHICH IS SAFE FOR THE DIVERSITY OF 9R-JV~JN~6 TRAVEL HABITS WHICH ARE EXHIBITED BY DELRAY BEACH RESIDENTS. t~biective B-1 The bevel of Service {LOS) for the Delray Beach street system is hereby established as "G" for all conditions except far: 0 Streets under -State jurisdiction which shall be allowed to function at l_OS "D" under any condition pursuant to Exhibit 2, and ^ Streets under County jurisdiction which shall be allowed to function at LOS "D" under any conditions pursuant to the Palm Beach County Traffic Performance Standards, Ordinance 90-40 {Exhibits 1 and 2), and D Streets identified as City Collectors or City Arterials on the Functional Classifications Map {Exhibit 5) shall be Mowed to function at LOS "D" under any condition pursuant to Exhibits 1-and 2. ^ Streets within the TCEA, which are excepted from traffc concurrency requirements. 25 Transportation Element Objective B-2 Travelways which are primarily used by residents (local streets} shall receive special attention in order to assure that they remain accessible to residents and provide for easy traffic flow. This objective shall be implemented through the following tasks. Policy 8-2.1 The City Engineer shall determine intersections which have congestion on an as needed basis. An inventory shall be maintained --~a~, and necessary improvements funded thraugh the street improvement capital budget of the Environmental Services .Department. Items to be addressed and corrected may include the following: D Where restrictions to efficient traffic flow exist they shall be removed. D Where appropriate, turn lanes should be provided in lieu of traffic lights or four-way stops in order to accommodate turning movements without hindering thraugh traffic. D Where traffic signals exist, turn arrows will be installed when warranted. D Where signals do not exist and equivalent traffic volumes enter an intersection, faur- way stops and traffic calming ~e~ measures should be considered. Policy B-2.2 In order to reduce confusion in locating properties, during the review of development proposals the Fire Marshal shall review proposed street names, and shall provide recommendations far changes which eliminate duplication and confusion. Duplicative names such as Holt Court, Holt Place, Holt Avenue shall be prohibited. Policy B-2.3 The manner in which structures are identified, including street address numbers, shall be specifically reviewed at the time of issuance of building permits in order to facilitate building identification by the passing motorist. Objective B-3 The accommodation of traffic, accomplished thraugh street widening, # will use public property while maintaining the aesthetics of the community and shall be accomplished through an integrated multi-modal transportation sy-stem, areal-time traffic monitoring system and traffic demand management initiatives. Policy 8-3.1 The City shall continue its public street beautification program, for median and perimeter landscaping. Policy B-~.2 The City shall continue to budget sufficient funds to maintain streetscapes under its jurisdiction for community aesthetics. Objective B-4 Provide scar-free zone 26 Transportation Element GOALS AREA "C" A CONVENJENT, SAFE AND EFFJCJENT TRANSPORTATJON NETWORK WHICH EMPHASIZES r_c"~ SAFETY AND WHICH MEETS THE NEEDS OF RESIDENTS, ,BOTH YEAR- ROUND AND SEASONAL, SHALL BE CREATED. ITS FOCUS SHALL BE UPON AVOJDJNG CONGESTION AND ACCOMMODATING ` Ate'- uunr~unnn rn run o~ i~^ ~ an cicc-ir~j_v.~ nR€~ ALL FORMS OF TRAVEL THROUGHOUT THE CITY. Objective C-1 New development and redevelopment shall be directed to meeting the above goal thraugh the following policies. These policies shall be assessed against projects during review by the approving body. The Land Development Regulations shall continue to require the making of findings consistent with this objective as a prerequisite to project approval. Policv C-1.1 Effarfs shall be made to limit excessive thraugh-traffic and nanresidentiai traffic on local roads within residential neighborhoods. Where a problem with such traffic is specifically identified, it should be addressed thraugh the utilization of traffic calming measures, such as roundabouts, medians, and speed humps. Policv C-1.2 Alternative traffic pathways along City collectors shall be enhanced so that residents have an opportunity to reach a destination without competing with traffic an arterial roadways. Objective C-2 Existing situations and conditions which impose obstacles to accommodating this Gaal of providing safer bicycle, pedestrian, automobile and public transportation shall be rectified. .Those obstacles which can not be rectified, will be addressed in policies regarding development. Policv C-2.1 An enhanced program of street marking and traffic controls shall be maintained in the Streets Division budget. This program will, as its first priority, be directed toward areas where visitors most frequently encounter problems. Policv C-2.2 Power poles and other obstructions shall be removed from travelways as apart of street reconstruction projects. An inventory of such abstractions shall be maintained by the Engineering Division, ,Policv C-2.3 The City's Street Maintenance Program shall have a specific component which involves the filling of potholes, leveling of pavement at railroad crossings, and leveling of pavement at manholes. These items shall be used in determining the priority of street resurfacing projects which are undertaken on annual basis. 27 Transportation Element GOAL AREA "D" ALTERNATIVE rrTO THE AUTOMOBJLEt TRANSPORTATJON OPTJONS SHALL BE CREATED AND ENHANCED, ENCOURAGING SAFETY AND UTJLJZATJON, ccacr-e- - v cna c,crncnr-nn-n- nx-n - c-c-rvc n--ac-nccc Objective D-1 Separation of different forms of transportation shall be created e~ This includes sidewalks for pedestrians, bicycle lanes for bicyclists, and safe roadways for vehicles. Providing for such separation shall be a mandatory criteria of development review. Policy D-1.1 All new development and redevelopment shall provide for the installation of sidewalks or otherwise accommodate pedestrian traffic so that a pedestrian does not have to use vehicular travelways to access common areas ar neighboring properties. Policy D-1.2 The provision of a pedestrian system apart from the street as well as within rights-of-way shall be explored with the review of each development. Specific focus shall be given to access to waterways, to parks, between residential developments, and along access routes to schools including such systems through developments. Policy D-1.3 T#e Beainninq in FY 201/11, the City Engineer shall annually review pedestrian accidents to establish common patterns and/or locations. The annual listing of pedestrian accident locations shall be part of the annual report as set forth in the Procedures for Monitoring and Evaluation of the Plan. If applicable, remedial improvements andlor actions should be programmed. Clbiective D-2 Facilities which accommodate the needs of the handicapped, pedestrians and bicyclists sha11 be assessed and required during development review, complying with state and national standards. Policy D-2.1 Bicycle traffic shall be accommodated in the design and construction of Collector and Arterial roadways. These improvements are to emphasize safer bicycle movements The City, by adoption of this policy, requests that such improvements be included on all projects undertaken per Florida Department of Transportation or the County five-year road program, as well as the City's Capital Improvement Program. Policy D-2.2 Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA. 28 Transportation Element Policv D-2.3 Tk-e Beginning in FY 2010/11, the City Engineer shall annually review bicycle accidents to establish common patterns and/or locations. If applicable, remedial irr~provements should be programmed. {~biective D-3 A Transportation Concurrency Exception Area {TCEA) is hereby established for the purpose of downtown revitalization. Within the TCEA, there shall be no traffic concurrency requirements. Transportation and mobility needs within the TCEA shall be met through the implementation of the following policies: Policv D-3.1 In cooperation with the Florida Department of Transports#ion regional Commuter Assistance Program, the City shall perform and analyze transportation surveys to determine the issues and needs for employer based TDM activities, including but not limited to ride sharing, van pooling, and flexible work hours. These activities shall be completed in FY g 09/10. Policv D-3.2 An analysis shall be made by FY 9~~ 09/10, based in part upon the above noted surveys, to determine the feasibility and potential efficiency, of the establishment of a Transportation Management Association {TMA). Until such time as a TMA is established, the feasibility shall be reassessed periodically, at least every two years. ~?etic~y-II~-~3 Rel+e~-D-3:h Policy D-3.3 The City shat! coordinate with Palm Tran and the MPQ [through the Congestion Management System {CMS)] to increase the number of buses on the Palrn Tran routes to reduce headways to 20 minutes in the peak hours, and 45 minutes in the off-peak hours by 2015. t~elic-y-~-~ Policv D-3.4 The City and CRA shall, on a continuing basis, assess the need to install additional bicycle facilities in the TCEA to accommodate and encourage the use of bicycles as transportation. These could include bike racks, bike lockers and other bicycle parking facilities. t~l-i~}~-D-~~ Policy D-3.5 The City and the CRA shall .continue to monitor the feasibility of the existing in-town shuttle system serving ~y-t,~r=2~8~ Tri-Rail, at~d tc~ the beach with headways of 20-30 minutes. t~!eFis~~-~~ Policv D-3.6 Implementation of the in-town shuttle system described in Policy Q-3.~5 shall be coordinated with the MPO through the Congestion Management System {CMS} by the year 2010. t~'-eFi~y-19-- 29 Transportation Element ae,;,...,, o o ~~~oa nn_.,,,,.,,..,e~~, c - - °%~~ti t~++~~-8-3:~-8 Policy D-3.7 The Gity shall eliminate the missing links in the sidewalk network throughout the TCEA and within one-quarter mile of its boundaries by FY 8~9~ 09110. ;Pel+~y--B-~-~- Policy D-3.8 Intermodal linkages shalE be provided between different types of transportation. These could include sidewalks from parking areas to Atlantic Avenue, shuttle and bus stops, and a shuttle from bus stops to shopping areas or parking. ~R^'~ Policy D-3.9 ~By~B~-t~a~ The City and CRA shall esta~Ns# implement a plan for enhancement of the US-1 corridor {NE1SE 5th Avenue and NE/SE 6th Avenue} between NE 4fkt 8th Street and SE 4t# 10tH Street through beautification and the provision of improved safety, parking and pedestrian circulation. Improvements supported by the traffic circulation test conducted in 2008 shall be constructed in phases between FY 2009/10 and FY 2014/15. 30 Housing Element GQAb AREA "A" TG MA/NTAIN A SAFE AND ADEQUATE SUPPLY OF HQUSING FOR ALL INCC?ME LEVELS AND TQ B-Y PRESERVE-VMt~ EXISTING STABLE NEIGHBC?RNt1t~DS, STAB/LI2E~IAf!6 AND ENHANCE~IE6 NEIGHBQRHt}t}DS THAT ARE IN TRANSIT/4N, AND RESTQRE#~ AND REHABILfTAT_E1#6 } NEIGHBORH4QDS THAT HAVE DECLINED, C}biectiue A-1 The City shall keep updated and continue to improve its program of information exchange with its neighborhoods. The purpose of this program is to provide ~ stran er mechanisms of information through which these areas are kept aware of the overall condition of the City, potential threats to the stability of the neighborhoods, and the information and assistance vvk~i~ that is available to residents t~-i~. The program is to be implemented through the fallowing policies. Policy A-1.1 The Community Improvement Department shall maintain a staff position or positions whose main emphasis is on the organization and continuation of neighborhood associations. The main purpose of forming these associations is to organize residents to work with the City to improve their neighborhoods. The Community Improvement Department shall maintain, and regularly update, a map of the boundaries of each association and the names of the official representatives. Policy A-1.2 The City shall continue to publish, at least monthly, a newsletter that is intended to provide information on services, events, and activities that are of interest to the City's residents. This newsletter will be mailed to the representatives of all neighborhood and homeowner associations. Policy A-1.3 The City shall provide "courtesy notices" to the representatives of the various homeowner and neighborhood associations, of upcoming advisory board meetings which involve land use and development activities which may potentially impact their neighborhoods. Each association should identify the area or areas of the City which are of particular concern to them. Policy A-1.4 At least once a year, the City Commission and the Planning and Zoning Board shall conduct a Town Hall Meeting, the purpose of which is to provide a report to its citizens of progress made in achieving the goals and objectives of the Comprehensive Plan, and to allow citizens to have input regarding infrastructure needs and other problems that they wish the City to address. Policy A-1.5 Each City resident shall have access to the Neighborhood Resource Center which provides services to enhance neighborhoods and enrich gtaality of life through the delivery and connection of services that educate develop financial management skills, and promote productive lifestyles. The NRC shall provide technical assistance to residential neighborhood associations and work to promote a sense of community throughout the Cit}~ 3'! Housing Element Objective A-2 The Planning and ZorMing Department shall maintain a Residential Neighborhood Categorization Map as an integral part of this Housing Element. The main objective of the categorization is to identify the level of need in each neighborhood to be updated every year, which in turn will determine the important strategies to be taken in meeting that need. The map shall be widely distributed. Policv A-2.1 Each residential area shall be categorized in terms of the descriptions provided in this Housing Element, and shall be identified as such on the Residential Neighborhood Categorization Map. Policv A-2.2 The Planning and Zoning Department shall update the Residential Categorization Map, with the assistance of the Community Improvement Department and a citizen task team, at least once °~r°ce a years. C}blectlVe A-3 For those areas identified as "stable residential" on the Residential Neighborhood Categorization Map, the City shall implement the following policies to ensure that they remain "stable residential" and do not decline. Policv A-3.1 Each area of the City that is identified as "stable residentia{" shall be included within a neighborhood association which has an ofl'tcial representation. The purpose and implementation of this policy is as provided in Objective A-1 and its related policies. Policv A-3.2 The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to these neighborhoods and affixed to the zoning map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. Objective A-4 For those areas identified as "needing "stabilization" on the Residential Neighborhood Categorization Map", the City shall take measures to prevent further decline i.e environmental impact, police activity, traffic, building hei_ ht and density), and to help move the neighborhood toward a classification of "stable" residential " without displacement of existing residents. Policv A-4.1 The City shall initiate efforts to create a neighborhood association (if one does not exist}. The purpose and implementation of this policy is as provided in Objective A-1 and its related policies. 32 Housing Element Policv A-4.2 The Community Improvement Department, through its Neighborhood Planner bra-r~--~{aec~at+~t {ar equivalent} position, shall maintain regular personal contact with the representatives of the associations thraugh at#endance {on at least a quarterly basis} at association meetings and by acting as a liaison with the City to resolve matters of concern to the neighborhood. Policv A-4.3 These areas shall have some priority in terms of targeting of code enforcement activities. That priority could take the farm of task teams directed at solving specific problems, assignment of additional staff for specified periods, or any other measure that increases the level of activity to produce results. Policv A-4.4 The mast restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to these neighborhoods and affixed to the zoning map. Requests far rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. C7biective A-5 Far those areas identified as "needing °revitalization" the Gity shall take measures to prevent further decline, (i.e environmental impact, galice activity, traffic, building height and density}, and to help move the neighborhood toward a classification of " ~ "stable'" residential," without displacement of existing residents. Policv A-5.1 The City shall ir-itiate efforts to create a neighborhood association (if one does not exist}. The purpose and implementation of this policy is as provided in Objective R-1 and its related policies. Policv A-5.2 The Community Improvement Department, thraugh its Neighborhood Planner {or equivalent} position, shall maintain regular personal contact with the representatives of the associations through attendance (on at least a quarterly basis} at association meetings and by acting as a liaison with the City to resolve matters of concern to the neighborhood. Policv A-5.3 These areas shall have some priority in terms of targeting of code enforcement and law enforcement activities. That priority could take the form of task teams directed at solving specific problems, assignment of additional staff for specified periods, ar any other measure that increases the level of activity to produce results. Policv A-5.4 These areas shat! have some priority in terms of scheduling of capital improvements (infrastructure} which will assist in arresting visible signs of deterioration. Policv A-5.5 These areas shall be provided assistance through the ~eveiapn=~t creation of a "Strategic Task Team Neighborhood Action Plan, which is a comprehensive evaluation of the physical and social characteristics of the neighborhood which have an effect on the auality of life of its residents. 33 Housing Element t , s- The plans shall be prepared by the Community Improvement Department;--ar-~~---with input from the Community Redevelopment Agency if located within the CRA district. A~-le~s~-ewe ~~ 6 9-- ;.,u e.. ~~.. ~..; ,. . ©biective A-6 For those areas identified as needing `"rehabilitation" on the Residential Neighborhood Categorization Map, the City, ,shall provide set~e~a# comprehensive programs of code enforcement, public investment in infrastructure, including pocket parks, public assistance to residents and in the rehabilitation of structures, public action in the provision of replacement housing, opportunities for new private development, wherein development impacts must be addressed, and special social programs all directed toward the stabilization and revitalization of those designated areas, without displacement of existing residents. This objective shall be accomplished through the following policies. Policy A-6.1 These areas shall have first priority for housing programs identified under Housing Element Objective A-~ 7. Policy A-6.2 The City shall initiate efforts to create a neighborhood association {if one does not exist). The purpose and implementation of this policy is as provided in Objective A-1 and its related policies. PalieY A-6.3 The Community Improvement Department, through its Neighborhood Planner Pr$g~a~a--~cit {or equivallent) position, shall maintain regular personal contact with the representatives of the associations through attendance {on at least a quarterly basis) at association meetings and by acting as a liaison with the City to resolve matters of concern to the neighborhood. 4 Housing Element Policy A-6.4 "these areas shall have the highest priority in terms of targeting of code enforcement and law enforcement activities. That priority could take the form of task teams directed at solving specific problems, assignment of additional staff for specified periods, or any other measure that increases the level of activity to produce results. PalicV A-6.~v These areas shall have` some priority in terms of scheduling of capital improvements (infrastructure} which will assist in arresting visible signs of deterioration. ra~tsi+a~nr~mc. rye of tha -~xra~ _r _ UI"1__I _•._1 _._.___._i I'1I__It ~~__. _..:11 r__ . __ _._ il__ ___. _.._.___._L _r _. ._._._.._._._1_ f_.__J ..__ .. ... .....~~.~.. ..... .. t,... ...... ... ..... ,....... -... .y. ~..~. ,.... ..,.. ~...~. .. ~.. ... .. .~~.~, .. ~..... ~~.. ~. ~.. e Abjec~ti~~-~4-+~ C1bjectiv+~ A-7 The City shall work to upgrade °'~~.~ substandard housing conditions by providing programs to improve the structural and aesthetic conditions of its existing housing stack and neighborhoods and address the needs of displaced residents. Most programs will be targeted to those areas that are showing the greatest signs of deterioration (those identified as "needing Revitalization" ar needing Rehabilitation" on the Residential Neighborhood Categorization Map}; others will be available citywide. 35 Hausing Element FZe1~i~-~-~:~- Policv A-7.1 Through its CDBG program, the City will continue to offer housing rehabilitation loans for the upgrading of substandard owner-occupied housing in designated target areas. +~~-A-~:~ Palicv A-7.2 The City will participate in state and federal programs such as SHIP {State Hausing Initiatives Parknership), HCJME, and ~~1P-~ 3 to provide far the purchase and rehabilitation of existing housing and the construction of new housing. Re#+e~-~--B~-Palicv A-7.3 The City will provide local funding gam for the rehabilitation of the exterior of existing owner-occupied units, including improvements such as new landscaping, painting, and replacement of doors and windows. This program shall be available on a citywide basis. del-i"~ Policy A-7.4 The City will continue to promote and fund programs such as Paint-Up Delray, Adopt-A-Street (litter control}, Adopt-A-Tree (street tree plantings}, and similar programs intended to improve the appearance of its neighborhoods. ~Ih~je~t+ve-A-g t3biective A-8 Cade enforcement will be restructured and focused in the City fin order to eliminate ~~9-ate unsafe structural conditions in its neighbarhoads;~ tThe City will ensure that housing units wf~+ that cannot be effectively rehabilitated wiH be demolished when absolutely necessary and that then are replaced with structures compatible with the neighborhood. Re~+c-~--A-~-Palicv A-8.1 This objective will be implemented in accordance with the standards and criteria included in Article 7.8 of the Land Development Regulations, Unsafe Buildings and Structures. ~yeetiar~e-A-a-B ~}biective A-9 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Reli~~-,4-~1- Policv A-9.1 This objective will be implemented in accordance with the standards and criteria of Section 4,5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. 36 Housing Element t~+c-y--,4~8:-~ Policy A-9.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Aleig#f3sr-heed Strategic Task Team Neighborhood Action Plans for those areas which have a significant inventory of historic structures. 8fa}°^*'~~~~=1~- Objective A-1 p Displacement of individuals from their current living situation is generally undesirable, however, at times it is necessary to displace individuals because of immediate dangers to health and safety or to accommodate redevelopment efforts. Displacement shall be accommodated in a sensitive manner and shall be guided by the following policies. Rel'^~,~~p-A=T~-~~ Palicy A-10.1 All situations involving d'ssplacement, except those initiated by and fully accommodated by landlords, shall be brought to the attention of the Community Improvement Department. The Department shall make personal contact with the individuals being displaced and shall document whether or not public assistance is required or desired or appropriate. °^1°^~r ^-''''.' Policy A-10.2 Displacement of owner-occupants or tenants shall) be handled in accordance with the City's adapted relocation policy, ~~~jee~e-A-~ t}blective A-11 To assist residents of the City in maintaining and enhancing their neighborhood e~v~n~et~, the Cityi through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. °„c:r,ir ^-'".~+ Policy A-11.1 The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood, and shall allow opportunity for public input on the proposed change. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. °.,lir+-r n_~~,~ pOlicy A-11.2 There shall be strict adherence to streetscape landscaping requirements. Street plantings shall be consistent and compatible within a neighborhood, thus reinforcing a neighborhood theme and character. t~et~i^~~p-~=-1~ Policy A-11.3 In evaluating proposals far new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. 37 Housing Element °^~~^~~ ^_~"~.^ Policy A-11.4 The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neigf ~borhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. Gtl~e~w-e-~A-1-~- C3biective A-12 . The City shall continue to implement special outreach programs to help all residents understand applicable codes and ordinances. ~i~~A- Policy A-12.1 The City will continue to implement special outreach programs to help new residents understand applicable codes and ordinances regarding lawn maintenance, trash disposal, parking, etc. Re1fs-~~4-a--Policy A-12.2 Wherever units and overcrowding exist, it shall be a address and eliminate the problem. problems of illegal conversions of dwelling priority of the Code Enforcement division to ~}er~e-A-44 C7blective A-13 Tie-Ci-ty Recopnizing resa~q+z~e~s that the condition and operation of its schools has a direct bearing an the stability of its neighborhoods. the City will continue its efforts to upgrade and improve schools located within its boundaries. Policy A-13.1 The future of the public schools located in ~e#~a~l~~ta#+sr- °~~,° ~r^~j° G'°~,°n+~~,j` the City of Delray Beach is vital to the future of the associated neighborhoods. The City will continue to lobby the Palm Beach County School District to provide investment in physical improvements, staffing, and curriculum in order to have these facilities be assets to the neighborhoods. any:,.., n_~^.~ policy A-13.2 Where appropriate, the City will work in partnership with the Schaal District to facilitate the improvement of local schools. If the City determines that financial investment is required, such ~ investment shall be accomplished through interlocal agreements with the school district. 38 Housing Element GOAL AREA "B" TO ENSURE THAT AN ADEQUATE SUPPLY OF QUALITY NEW HOUSING IS AVAILABLE IN A RANGE OF TYPES AND COST LEVELS TO MEET THE NEEDS OF THE CITY'S FUTURE POPULATION Objective B-1 The City shat! work to ensure that there continues to be an adequate supply of quality housing to accommodate very law, law, and moderate income households, . t~en~es. Policy 8-1.1 The Community Improvement Department wilt continue to participate in partnerships ,which coordinates the efforts of private and non-profit sectors to provide new single family' housing throughout the City. Policv B-1.2 The City will acquire approximately five lots each year to be used far the provision of infill housing by programs such as Habitat for Humanity. Policv 8-1.3 The City will utilize funds available from state and federal programs such as HOME and SHIP to create homeownership opportunities for very low, law, and moderate income households. These funds will be made available citywide in order to avoid a concentration of affordable housing in specific areas of the City. Policv 8-1.4 Manufactured housing will continue to be permitted throughout the City, provided that it complies with building code requirements and is consistent with the aesthetic standards of the community. Policv B-1.5 The City shall, through its Housing Authority, pursue increases in its allotment of Section 8 vouchers/certificates to provide far affordable rental housing. However, the City will not participate financially e~-et#~r;~ in the construction of new affordable rental housing projects. Policv 8-1.6 Due to the potential negative impact an the stability of its existing residential neighborhoods, the City does not support waivers of infrastructure requirements, provision of adequate parking and activity areas, or any reduction in the overall quality of new housing as a means of achieving affordability, particularly in areas of the community which are currently experiencing deterioration. Objective B-2 Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities {i.e. bike trails, parks, sidewalks) w#~ic-k~ 39 Housing Element ~1~a-l~~i~e to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. iuer~sii,;ed-i~,h;s-~;enT~;t. Policies which will implement this objective include: Policy B-2.1 Vacant land areas west of I-95, shown on the Future Land else Map as low density residential ,shall be retained for single family detached housing or low density planned unit residential development. Policy B-2.2 The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified far residential developments located in the downtown area, and far ir~fill projects having fewer than 25 units. Policy 8-2.3 New housing developments shall include a range of housing types that offer variety in size, color, and style. Policy B-2.4 Foster care homes shall be permitted in all residential zoning districts. Community Residential Homes and other group home facilities that are licensed by the state shall be a permitted or conditional use in the City's residential zoning districts, based upon their size and level of intensity. a Objective B-3 The Community Improvement Department and the Planning and Zoning Department will work to streamline and expedite the review and permitting process and minimize casts and delays for housing, especially affordable housing. These departments shall operate under the philosophy of private enterprise regarding efficiency and delivery of product. P©iicy 8-3.1 The City will expedite the processing of building permits far Names being constructed through City-sponsored affordable housing programs. 40 Housing Element Policy B•3.2 The City shall continually monitor its development review practices to ensure that applications are being processed in a timely manner, and shall regularly implement new programs and technological improvements t4 expedite the review and approval process. Policy B•3.3 The City shall ~e~i-s~ review its Land Development Regulations te--be ee~~+~st-eat for consistency with Chapter X19, F5, regarding the location of group homes and foster care facilities. TRes°-r~„~,~:o,~s This review will be completed in FY g~ 081t~~. 41 Public Facilities Element GOAL AREA "A." THE PURPOSES, PROGRAMMING, AND PROVISION OF WASTE DISPOSAL FACILITIES SHALL BE DIRECTED BY THE GOAL l~9E~4L OF PROVIDING A SAFE, FUNCTIONAL, ECOLOGICALLY SOUND AESTICALLY PLEASING AND SUSTAINABLE D€C~ PHYSICAL ENVIRONMENT= ELIMINATING ANY WASTE INTO THE /NTRACOASTAL WATERWAY AND OCEAN AND ENCOURAGING RECLAIMED WATER USAGE AS A WATER CONSERVATION MEASURE. Objective A-1 Specific programs to mitigate the adverse impacts of point sources of pollution, as identified in the following policies, shall be developed and implemented by the City's Environmental Services Department and the South Central Regional Wastewater Treatment Facility Board, as appropriate. Policy A-1.1 Existing septic tanks which are located in severed areas throughout the City shat! be removed from use as necessary pursuant to Florida Statutes. Septic systems deemed subject to flooding, or with chronic drainfield problems that may have an adverse impact on the environment shall be abandoned and connection made to the central sewer system. Policy A-1.2 Programming of improvements to the sewer system shall place a high priority upon the rehabilitation of portions of the original system which experience infiltration and leakage. Objective A-2 Programs to address the collection and disposal of solid waste;--a~-i~~}~f;G~-m-the €e~l4~g-IIasA~ishall be developed and implemented with particular regard to environmentally sound procedures. Policy A-2.1 The City shall support the continued operation of the "transfer" station or suitable alternative far the collection of small amounts of hazardous substances from individuals, and public information efforts which educate the public an the identification and proper disposal of household hazardous waste. 0 Policy A-2.3 A level of service far solid waste at a generation of 7.13 pounds per person per day is hereby established within the City of Delray Beach. 42 Public Facilities Element GOAL AREA "B" PC?TABLE WATER SHALL BE PLANNED FaR AND PRC?VIDED SO THAT 1T 1S AVAILABLE T© ACC{~MMODATE DEMANDS BtJTN 1N TERMS OF QUANTITY AND QUALITY WHILE ALS{) MAK/NG WISE USE ©F THIS LIMITED RESC?URCE AND THE LIMITED REStJURCE OF CAPJTAL. Objective B-1 Even though the City has projected an adequate water supply, it shall provide far increasing draw-down and the potential of reduced capacity through salt water intrusion and/or extended drought conditions through optimum use of existing wells, development of new wells and development of alternative technologies and methods of providing water. This objective shall be met in the performance of the following: Palicv 8-1.1 The City, through the South Central Regional Wastewater Treatment Facility Board, shall continue to monitor the area of effluent reuse with the ultimate goal of reclaiming and reusing more effluent from the wastewater treatment plant fc~r irrigation. Priorities for expansion should be an golf courses in the City, large home owner associations, and in the Coastal Planning Area, Palicv 8-1.2 The City shall continue to ~-#+I+~e--obtain approval far utilization of the Aquifer Storage and Recovery {ASR) well to supplement water supply during conditions of drought or well field contamination and as a method of balancing the demand on water supply wells during periods of hjgh and low demand Obiectiive B-2 To insure that potable water is available to meet consumption, a reduction in demand through near- round conservation and treatment plant enhancement shall be achieved. Policy B-2.1 The City shall maintain its program of responsible consumption of water and shall strive to decrease the overall per capita consumption of water-l~~1-9e+~ ih~1°a° level--e~~9~-g~s~d through continued implementation of the following techniques and programs: {Also see Objective A-4 of the Conservation Element). CJ Maintaining its water rate structure which establishes an inverked block rate structure to set higher consumption rates for increased water use in order to promote reductions in water consumption as well as establishment of conservation surcharges, based on South Florida Water Management District formulae, and keyed to various levels of drought alert. © Mandatory use of wells for irrigation purposes where conditions permit, CI Continued enforcement of water use laws. 43 Public Facilities Element ^ The consideration of xeriscape landscaping alternatives for all new development during the review of site and development plans. ^ Continuation of the regular preventive maintenance program for water mains, pumps and meters. ^ Continuation of the wastewater effluent reuse program. Policy 8-2.2 The City's water utility shall perForm at the following levels of service: ^ Average design flaw of the water system ~ 240 gpcd. ^ Storage capacity for the water system 15% of maximum flow plus fire reserve at 1.5 mg, plus 25°l0 of that total {Based on 2008 figures, this amount is 6 mg}. ^ Minimum pressure for the water system ~ 20 psi. {Note: The above standards are currently met throughout the system). Policy 8-2.3 It shall be an obligation of new development to provide water system improvements to accommodate demands created by it and to meet the City's minimum design standards concurrent with development. Objective B-3 The City shall provide for the protection of its potable water resources at all times, including, but not limited to, power outages and other emergency situations. i:h~e~# Policv B-3.1 Protection of existing wellfields shall be accommodated through the continued implementation of monitoring for salt water intrusion, wastewater pretreatment programs and monitoring wells and through enhanced quality control programs which provide early detection of possible contamination. Policv B-3.2 The City shall maintain provisions in the program for raw water supply to require only minimal reliance upon wells which are subject to salt water intrusion. Objective B-4 The City shall provide for the enhancement of the quality of its water through implementation of the following: Policv 8-4.1 Annual consumer confidence reports which describe the current condition of potable water, including at a' minimum, water quality, consumption trends, and treatment methods, shall be distributed to residents. 44 Public Facilities Element Policy 8-4.2 Whenever the opportunity occurs to uncover or examine an existing water main, an inspection shall be conducted relative to the presence of asbestos cement in the main. The results of each such inspection shall be logged and made a part of the Operation and Maintenance Plan. Policy 8-4.3 The Gity shall assist in discouraging urban sprawl within areas of Gounty jurisdiction by denying requests to make water service available outside its existing Planning Area to areas which could be developed at low density with Gity water facilities. Policy 8-4.4 The City shall implement alternative treatment methods based on the results of the alternative treatment study in an effort to meet the EPA stage 2 disinfection by-product rule requirements. Objective B-5 The City shall Te ensure that there is an adequate water supply to meet existing and projected potable water needs in emergency and nonemergency situations, with the recognition that development which increases density also increases the demand for water. Policy 8-5.1 The City shall adopt a 10-Year Water Supply Facilities Work Plan based on the availability and appropriate use of regional water resources and the combined use of alternative water supplies. The Work Plan shall be consistent with the City's Water Use Permit renewals. Policy B-~.2 The Gity shall consider the most current version of South Florida Water Management District's Lower East Goast Water Supply Plan and Regional Water Plan in developing a 10-Year Water Supply Facilities Work Plan. Policy 8-5.3 The City will use the Water Supply Facilities Work Plan to prioritize and coordinate improvements to the City's water supply system. Policy 8-5.4 The Gity will maintain a current five-year schedule of capital improvements to the Water Supply System. GOAL AREA "C" SEWER COLLECTION SYSTEMS AND WATER DISTRlBUT1ON SYSTEMS SHALL BE PROVIDED TO UNSERVED AREAS, AND EXISTING SYSTEMS SHALL BE UPGRADED IN SUCH A MANNER AS TO PROVIDE FOR THE PROTECTION OF THE ENVIRONMENT THROUGH AN ACCELERATED IMPROVEMENT PROGRAM. 45 Public Facilities Element Objective C-1 The condition and inventory of the water and sewer systems shall be kept current through regular updates of the City atlas and surveillance programs. Policy C-1.1 The water distribution system atlas shall be maintained on an on-going basis and shall reflect current system inventory. Operational characteristics wiN be maintained utilizing the Hansen Data Base Program and shall be used in the planning of system extensions and upgrade requirements, Policy C-1.2 The wastewater collection and transmission system atlas shall be maintained on an on-going basis and shall reflect current system inventory. Operational characteristics will be monitored by radio telemetry and surveillance programs, and shall be used in the planning of system extensions upgrade requirements. Objective C-2 Upgrading of sewer and water facilities shall occur on an accelerated schedule. System upgrades shall be funded through annual appropriations in the Water and Sewer Renewal and Replacement Fund. Policy C-2.1 A study has been completed determining the total program cost of addressing remedial work needed, for wastewater lines, and lift stations, to correct the problems with inflow and infiltration. The City shall allocate annual expenditures to complete the project over a ~ 5 year time frame. Policy C-~. A study has been completed determining the total program cast of addressing remedial work needed to correct deficiencies in existing water lines, The City shall allocate annual expenditures to complete the project over a 15 year time frame. Objective C-3 ~a~ea- Installation of wastewater collection facilities shall be programmed and provided when the need is demonstrated. Policy C-3.1 New development shall be responsible for extending sewer service to and through the land to be developed. Said extensions shall meet the City's performance standards. Policy C-3.2 Upgrading of existing wastewater facilities shall be provided for through annual appropriations in the capital improvement program. 46 Public Facilities Element Objective C-4 ae~~.~-a~a- Installation of potable water distribution facilities shall be programmed and provided when the need is demonstrated. Policv C-4.1 Upgrading of existing potable water facilities shall be provided for through annual appropriations in the capital.improvement program. Policv C-4.2 New development shall be responsible for extending water service to and through the land to be developed. Said extensions shall meet the City's performance standards. Objective C-5 Capital raised through the water and sewer enterprise funds shall be allocated as required by bond covenants. Policv C-5.1 Transfers from enterprise funds to the general fund are made only for the fund's proportionate share of administrative costs and an in-lieu of tax payment. Policv C-5.2 Annual allocations shall be provided for upgrading system components (i,e. manholes, hydrants, etc.} in the Water and Sewer Renewal and Replacement Fund. Policv C-5.3 Upgrading of existing systems to construction and level of service standards and extension of new facilities to unserviced, inhabited areas shall be financed through appropriations in the Water and Sewer New Capital Outlay Fund. Policv C-5.4 Priorities for projects shall also consider other improvement projects (e.g. street construction and drainage} in establishing priorities. Objective C-6 The City Commission in its role with the Board of the South Central Regional Waste Water Treatment Plant shall examine ways in which increased costs associated with capital expansion can be avoided with respect to property owners within the City. Policv C-6.1 The Level of Service of the waste water treatment plant is hereby established as 12 mgd, or 160 gpcd in addition to the specific requirements of Boynton Beach Policv C-6.2 Commitments far capital expansion at the wastewater treatment plant, are based on a 50°l0/50°l~ cost sharing by the City of Delray Beach and the City of Boynton Beach. 47 Public Facilities Element Costs related to operating the plant is based an the usage of Delray Beach and Boynton Beach respectively Psl-i~V-~-~4 Policy C-6.3 Average and peak flaw design capacity for the Regianal Wastewater Treatment Plant shall be 21 mgd and 34 mgd respectively. Thus, capacity need shall be monitored by the South Central Wastewater Regianal Treatment Plant Board. GOAL AREA "D" A COORDINATED AND COMPREHENSIVE PROGRAM FOR THE PROVISION OF ADEG?UATE OFFICE FACILITIES FOR THE CONDUCT OF CITY BUSINESS SHALL BE CONTINUED. Objective ~-'1 Provisions are to be implemented to maintain and upgrade existing pubfrc facilities to a state of the ark level of service for and improve the appearance of the facility. ~ " Policy Q-1 .'1 The City shall continue its established program far the maintenance and repair of buildings and facilities, including such items as roof replacement and major structural repair, in a timely manner to maintain the viability of the facility. Policy Q-1.2 The City shall continue its established program far the replacement of irreparable or obsolete buildings, facilities, and major facility elements and the upgrading of existing facilities to maintain their ability to deliver the established level of service to the community. Policy Q-1.3 All new construction projects shall be in accordance with Federal guidelines an accessibility. The City shall make madi~cations to existing facilities that are easily achievable without great expense, such that the facility will be in accordance with Federal guidelines on accessibility. GOAL AREA "E" PROPERTY DAMAGE AND INCONVENIENCE TO THE PUBLIC CREATED BY FLOODING ANfl POOR STREET CONDITIONS SHALL BE SUBSTANTIALLY REDUCED AND, UVHERE POSSIBLE, ELIMINATED THROUGHOUT THE CITY. 48 Public Facilities Element Objective E-1 A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. Policy E-1.1 Criteria for determining project priorities shall be as defined in the Stormwater Master Plan, and based upon correcting current, localized problems. Policy E-1.2 Minimum design standards for determining the scope of drainage projects shall be such as to establish a level of service at least equal to the standard of retaining the first one inch of runoff, or 2.5 inches of water storage times the percentage of impervious area, whichever is greater, to protect water quality. Policy E-1.3 Storm water drainage regulations which provide for the protection of natural drainage features and ensure that development utilizes storm water management systems which are compatible with this objective shall be retained. Policy E-1.4 The City shall maintain through regulations the minimum design storm return frequency for stormwater facilities capacity. Policy E-1.5 The City shall protect and enhance surface water quality through the full implementation of programs and activities included in the National Pollutant Discharge Elimination System {NPDES} permit. Policy E-1.6 The Gity shall develop and implement a stormwater mapping system and maintenance program for storm sewers and structures. Objective E-2 Drainage improvements and flood control measures shall be financed through the Stormwater Utility Fee. Funded projects shall be located throughout the City as apposed to being concentrated in a single quadrant. The fee shall be reassessed upon completion of the program. Objective E-3 The street system under the City's jurisdiction shall be maintained and enhanced to provide a uniform level of service throughout the City and provide a safe and convenient transportation network. Policy E-3.1 The program of resurfacing streets shall be maintained with at least the current funding level. 49 Public Facilities Element Policy E-3.3 The City shall program installation of sidewalks on an annual basis, with the goal of completing a safe and convenient sidewalk system throughout the City by the year X495 2010. Objective E-4 The City will encourage the directing of stormwater into landscaped areas for use in irrigation throughout the city limits. GOAL AREA "F" THE' NEED FOR ENHANCEMENT OF PUBLIC FACILITIES AND THE PROCESSES USED TO IDENTIFY, PRIORITIZE, AND FINANCE IMPROVEMENTS SHALL BE PUT FORWARD 1N A MANNER WHICH lS EASILY UNDERSTOOD BY THE PUBLIC AND 1S GONSISTENTLYAND EQUITABLYAPPLIED. Objective F-1 Public knowledge and understanding of public facilities and infrastructure planning shall be assured through continuation of the following practices: display of system maps for water, sewer and drainage in City Nall; ready availability of the Five Year Capital Improvement Plan; prominent display of pamphlets, innovative methods and website additions addressing water conservation, solid waste disposal, and other. subjects relative to public facilities. Objective F-2 Public awareness of the methods used to determine public improvement activities, and public input to the process, shall be encouraged e~t~e-#eJte~uin~: Policy F-2.1 Public input through testimony received at public hearings, advertised and held before the Local Planning Agency, shall be solicited annually during winter months in order to identify geographic areas which are most in need of improvements. Policy F-2.2 Criteria, as identified in the Capital Improvement Element, shall be followed in the establishment of priorities far construction of public facilities. On an annual basis, the Local Planning Agency shall forward to the City Commission a listing 50 Public Facilities Element of n.ew or revised priorities with written findings as to the relationship of projects to those criteria. Policy F-2.3 Once established, program priorities shall not be altered except as allowed in the policies established for implementation of capital improvement programming. C}biective F-3 All overhead utility lines shall be buried whenever possible and economically feasible. Coastal Management Element GQAL AREA "A" THE CJTY SHALL C©NTINUE 1TS PROGRAMS Fl.~R THE PROTECT/C7N, Ct?NSERVATIC?N, AND ENHANCEMENT C}F THE NATURAL COASTAL ENVIRONMENT AND SHALL UNDERTAKE ADDITIONAL ACTIVJTJES WHJCH PROTECT THJS FRAGJLE EWJRONMENT. Objective A-1 The City shall continue its established and ongoing programs for the purposes of protecting, conserving, and enhancing coastal wetlands, living marine resources, coastal barriers, wildlife habitat, beach erosion control„ dune protection, and sea turtle protection. A repork of the status of those programs shall be prepared annually and made available to the public at the Town Hall Meeting1 a~ad at City Hall, and on the Cit~r's website. Comment: The above programs al! exist within the City's Coastal Planning Area and are already institutionalized. "these existing programs meet the intent of 9J-5.412{3}{b} 1, 2, 4, 5 and {c} 2. Policy A-1.1 Any development proposal for property within the Coastal Planning Area which has the potential to adversely impact wetlands, wildlife habitat, living marine resources, andlor the beach and dune system shall be subject to the requirement of having an environmental assessment performed and presented as a part of that development proposal. Policy A-1.2 Development in the Coastal Planning Area shall use. only potable water from the City's municipal water system and shall connect to the municipal sanitary sewer system. The use of well water shall be prohibited. Storrnwater discharge into waterways is prohibited except via an approved connection to the municipal storm sewer system or privately permitted system through SFWMD or LWDO. Policy A-1.3 The City shall undertake beach and dune studies as required by permitting agencies to monitor and maintain the Beach Renourishment Project. Policy A-1.4 Whenever new, private access is to be provided to the beach it shall be via approved access points which shall not disturb the dune or vegetative communities. Policy A-1.5 The City shall protect sea turtles and their nesting habitat through continuation of lighting restrictions, monitoring and education programs. Objective A-2 Although the Intracoastal Waterway {ICWW} has been dredged and improved throughout the City and South Florida, its remaining estuarine characteristics should be protected. Such protection shall be accomplished through the following policies. 52 Coastal Management Element Policy A-2.1 Florida Inland Navigation District (FIND} parcels 645 and 650 (Mangrove Park shall be controlled so that their long-term use serves the environmental purposes of this goal area. Palicy A-2.2 The quality of the ICV~JW shall continue to be improved by the control of storm runoff and the implementation of the projects and programs in the National Pollution Discharge Elimination System (NPDES} permit. Policy A-2.3 The City shall monitor development requests in adjacent communities. If it is not apparent that there will be na adverse impacts upon the Intracoastal Waterway, the item shall be referred to the IPARC (Intergovernmental Plan Amendment Review Cornmittee~ or Treasure Coast Regional Planning Council for review and mediation as needed. Policy A-2.4 Any new marinas and boating facilities which are proposed within the City shall be limited to a maximum of eye six powerboat slip per one hundred linear feet of shoreline owned or controlled by the applicant far such facility, except the G-15 Canal and portion of the Intracoastal Waterway, approximately 1,000 north, which shall be limited to one powerboat slip per one hundred linear feet of shoreline awned bV the applicant, as recommended in the boating facility action plan in the Palm Beach County Manatee Protection Plan, adopted an August 21, 2007. >, Objective A-3 The City shall protect and enhance the quality of the marine habitat through support for s:tt~€I~-~~€ effluent reuse and deep water injection by the South Centro) Regional Wastewater Treatment Facility Board, with the ultimate goal of eliminating dependence on the ocean outfall far other than emergency and DEP permitted exceptions. Objective A-4 The City of Delray Beach shall seek coordination with adjacent communities in matters dealing with the goals of the Coastal Management Element through the following policies: Policy A-4.1 The City shall, through the Palm Beach Countywide Coastal Council, exchange information regarding beachldune system protection and management, sea turtle protection, habitat protection and enhancement, and water quality. ~~ Coastal Management Element Palicy A-4.2 The City shall continue to participate with its adjacent units of government along the Intracoastal Waterway in responding to efforts of the others to implement programs as contained within its Comprehensive Plan for the protection of living marine resources, the reduction of exposure to natural hazards, and the continuing provision of public access. Palicy A-4.3 The City shall continue to support the concept of "countywide" application of regulations which are targeted toward the protection of existing resources. When such measures are enacted, the City shall provide the clerical and technical support personnel, in the appropriate department, to provide for the effective implementation of such ordinances. DUAL AREA "B" THE CQASTAL PLANNING AREA lS A V/TAL CC?MPONENT OF THE ECONC7MlC BASE C)F THE CITY. ~ '~;-L-L -BE Farun~~r~~B--.?'C n~1La ~"~'-T~1E C1-1tEt°^L~-E~:GIU~^.l1AlC~ #~LTn i..77r rrn 4~ ~-r ^~.~-TH~€~T~ HOINE1lER, THE BARRIER ISLAND SNALL NOT BE ~-U`€R-CC}MMERCIALI2ED AND ~it~EF' PRt?MOTED Tt? THE EXTENT THAT !T DIMINISHES THE BEACH RESC7URCES. Objective B-'I Accessibility to the public beach areas and waterways shall be maintained and enhanced after gathering residents' input through the following policies: PalicV B-1.1 The City shall retain the existing public parking under its control an the barrier island, and shall explore opportunities to expand parking for increased public beach access. Palicy 8-1.2 Additional marina facilities and waterway access shall be provided pursuant to the boating facility siting plan in the Palm Beach County Manatee Protection Plan, adopted on August 21, 2007. Palicy B-1.3 Whenever development is proposed east of SR A-7-A a survey of the property shall be required. Said survey shall identify any public access to lands seaward of the mean high tide or Erosion Control tine {ECt_} by prescription, prescriptive easement, or any other legal means ar a surveyor's Hate that no such access exists. Such access shall not be eliminated or replaced, except in compliance with F,S, 54 Coastal Management Element Policy 8-1.4 The City shall retain all existing public access to the Intracoastal Waterway, including street ends, and should consider enhancement of the street ends as pocket parks with reasonable use restrictions including limited hours of operation. #~el+c=y~-B-~~ Policy B-'1.5 The City shall request that the Caunty study the feasibility of establishing a deep water artificial fishing reef in the Delray Beach area in conjunction with its artificial reef program. ' Objective B-2 ` The value of historic preservation to economic develapment is recognized and shall be a component of economic development programs throughout the City, Vtlith respect to the Coastal Planning Area, this relationship shall be achieved through the following policies: Policy B-2.'1 The Marina Historic District sha11 embrace principles of historic preservation and economic development in a sensitive and blending manner. See Objective C-1 for the specific implementation program. Policy B-2.2 Individual historic structures shall continue to be designated pursuant to the City's Historic Preservation Ordinance. Objective B-3 The City shall protect the beach as an economic resource by continuing to provide a valuable amenity for beach users, including reasonable support facilities, without jeopardizing the essentially passive character of the beach and its value as a natural resource. This objective shall be achieved through activities as expressed in the following policies, Policy B-3.'1 Municipal funds shall continue to be allocated in each year's budget for enhancement of the streetseape. Priority shall be on plantings along Ocean Boulevard (SR A-1-A). Enhancements shall include the ~Ix~t+r~ maintenance of indigenous plants installed as part of the Dune Management Plan and the provision of street furniture particularly at beach access points and areas of congregation. Policy B-3.2 The high quality of the Municipal Beach shall be retained through current use restriction programs. The beach concession, under contract with the City, may be allowed to provide certain limited recreational amenities for beach visitors. The services ~5 Coastal Management Element provided are limited to the rental of chairs, umbrellas, cabanas, and boogie boards. All other concessions shall be prohibited. Cooking on the beach shall be prohibited and litter law enforcement shall be strictly enforced except for publicly endorsed events. GOAL AREA "C" D€V€L©PM€NT AND R€D€V€LUPMENT 1N TN€ COASTAL PLANNING AREA SHALL BE COMPATIBLE UVITH THE EXISTING CHARACTER OF THE AREA, BEACH OVERLAY DESIGN GUIDELINES AND H/STOR/C PRESERVATION GUIDELINES AND SHALL PROVIDE FOR A SENSITIVE BALANCING OF THE NEEDS FOR €C.~~AI-OIVIIG 9€V€,L;~"M€NT, -I~€6tE-V€LAT!tLA€N-~~IN~B ENVIRONM€NTAL PROTECTION. Objective C-1 The retention, rehabilitation, and protection of historic resources as provided for in the City's Historic Preservation Ordinance shall continue to be applied in the Coastal Planning Area. ~res~~~v~tian. In coordination with the residents and the Historic Preservation Board all efforts will be made to keep all the listed historic structures in the coastal planning area in fine condition and to list additional structures and districts as needed. Policv G-'1 .'1 The northernmost portion of the Marina Historic District, located in the first and second blacks and zoned CBD and RM shall be developed with the active participation of bath the Historic Preservation Board and the Community Redevelopment Agency. Policv C-"1.2 The southernmost portions of the Marina Historic District located in the third and forth blocks and zoned R-1AA shall continue to be enhanced through the renovation of existing single family and multi-family structures, sensitive rehabilitation of historic structures, and new construction which is appropriate and compatible to the historic district. Objective C-2 The Level of Service to be provided for land within the Coastal Planning Area shall be the same as elsewhere in the City with respect to traffic circulation, recreation and open space, solid waste, water supply, drainage, and sewage capacity. Objective C•3 T#e d~evelopmentL redevelopement or conservation on the barrier island and in the Marina Historic District shall occur in a manner 56 Coastal Management Element which does not change the character, intensity of use, or demand upon existing infrastructure in the Goastal Planning Area, as dictated in the following policies: Policy C-3.1 Remaining, isolated infill lots shall be developed under zoning which is identical or similar to the zoning of adjacent properties; and, the resulting development shall be of a design and intensity which is similar to the adjacent development. Policy C-3.2 There shall be no change in the intensity of land use designation within the barrier island and all infill development which does occur shall connect to the Gity's storm water management system and sanitary sewer system. Policy C-3.3 Whenever a structure is damaged to an extent of greater than 50°l0 of its value, it shall not be reconstructed unless such reconstruction complies with the requirements of the zoning district which applied to the property and with the policies of the Goastal Management Element of the Comprehensive Plan, except as provided in Policy G-3.5. Policy C-3.4 Development in the Goastal Planning Area shall be subject to the same findings of concurrency as is required for other development in the Gity and shall additionally include a finding that such development is consistent with the densities proposed by the Future Land Use Element, except as provided in Policy G-3.5, and is consistent with coastal resource protection and safe evacuation programs. Policy C-3.5 Whenever a commercial, residential, hotel, motel, or resort dwelling unit structure is destroyed to an extent of greater than 50°10 of its value by disaster, the structure may be rebuilt to pre-disaster use, densities and heights if permit applications are submitted within one year following the disaster. Current fire and building codes shall be met; current parking, building setbacks, and landscape requirements shall be complied with as closely as possible. For purposes of this policy, disaster means any non-self imposed catastrophic damage including, but not limited to, fire, flood and storm. ©biective C-4 -r"° f,°+„r° of Florida Inland Navigational District {FIND) parcels 645 and 650 {Mangrove Park) shall .be +".,+ +"~„ nro maintained and enhanced as conservation and marine habitat areas, and public access points. This objective shall be achieved through the following policies. Policy C-4.1 The Gity, through its Parks and Recreation Department, shall Delve continue to work with FIND ~e e++s~e~+t+o~--e~t#~~~~i~;~ ~aan-+r~g-e# to transfer these properties into Gity control upon termination of their need by the District. Policy C-4.2 The City, through its Parks and Recreation Department, shall continue its programs for the acquisition and perpetual use of the FIND properties as marine and wildlife habitats through retention of flora and fauna and the possibility of sites for the 57 Coastal Management Element relocation of mangroves which must be relocated from elsewhere along the Intracoastal Waterway, and development of Intracoastal Waterway access. Objective C-5 Ocean shoreline uses shall only be far beach purposes. Beach purposes include, but are not limited to, normal beach recreation, designated areas far recreational activities, lifeguard towers, access facilities, dune and beach restoration, and beach cleaning and maintenance. Policv C-5.1 The highest priority for ocean shoreline use in the City of Delray Beach shall be for beach purposes which shall include recreation and conservation. There shall be no commercial development nor water-dependent development (except the beach} orwater-related uses, except those permitted pursuant to Policy 8-3.2, along the shoreline which abuts the beach. Residential development shall not exceed a height greater than 48', except as provided in Policy C-3.5, from the elevation of the crown of SR A-~ -A and shall be constructed in accordance with the City's Coastal Protection Ordinance. Objective C-6 The rules and regulations of the Department of Natural Resources which establish a "Coastal Construction Control Line" and an "Erosion Control Line" shall continue to be enforced as a part of the Land Development Regulations. Policv C-6,1 The City shall continue to administer its adopted regulations which prohibit non-beach related construction seaward of the Erosion Control Line (ECL} and which provide performance standards for construction seaward of the Coastal Construction Control Line (CCCL}. Objective C-7 There shall be no public expenditures which subsidize expanded development on the barrier island, unless such expenditures are necessary to: provide services to development allowed by the Future Land Use Map at the same level of service as the rest of the City; provide for recreational needs; maintain, restore or enhance natural resources; maintain adequate evacuation times; and maintain or enhance public beach access and use. GOAL AREA "D" THE CITY SHALL ENHANCE ITS EFFORTS FOR PREPARING FOR AND HANDLING D/SASTERS WITNIN THE COASTAL REGION, SHALL PREPARE FOR REDEVELOPMENT IN THE EVENT THAT A DISASTER DOES OCCUR, AND SHALL DEVELOP PROGRAMS FOR THE PROTECTION OF PROPERTY 58 Coastal Management Element ANC) SAFETY OF 1N171VIDUALS 1N CIRCUMSTANCES OTNER THAN ©ISASTERS. Objective D-1 The City shall continue its established and ongoing programs for emergency preparedness, emergency evacuation, disaster relief, and coastal construction practices and sha11 enhance those programs through periodic reviews by the existing positions of City Manager, Fire Chief and Chief Building Official, as appropriate. Pt~licy D-1.1 Appendix I, Hurricane Evacuation; to Annex V, Evacuation, Ili-L) of Palm Beach County's ~e~aset~~e Comprehensive Emergency Management Plan and its attendant recommendations for hazard mitigation and interagency hazard mitigation reports is hereby adopted by the City of Delray Beach and the Coordinator of Emergency Services is directed to provide for the effective implementation and coordination required by those recommendations. Policy D-1.2 The Fire Chief shall annually review the City's Comprehensive Emergency O~erat+ense Management Plan to insure that base data is current and that the Guide is consistent with the Palm Beach County °,-ef~e Comprehensive Emergency Manaoement Plan. Objective D-2 There shall not be any development upon the barrier island which shall reduce hurricane evacuation time beyond its present level or which shall lower the level of service at the intersections of SR A-1-A and Atlantic Avenue; George Bush Boulevard and SR A-1-A; or at I_intan Boulevard and SR A-1-A. Objective D-3 A Comprehensive Emergency Management Plan, which Apr-e~~--arr+~~~# includes the existing disaster planning and recovery programs of the City shall be reviewed annually. Palicy D-3.1 The immediate and short-term aspects shall address: ^ mobilization far cleanup, repair, and restoration of services; ^ the removal of hazards and damaged structures; @ , 59 Coastal Management Element ^ coordination of interagericy hazard mitigation and response reportsJprograrns. Policv D-3.2 The long range redevelopment portion shall provide for land use and character of development which presently exists except that the height of reconstructed buildings shall be limited to the then current height regulations of the Gity, except as provided in Policy C-3.5. Policv D-3.3 Whenever a structure is damaged to an extent of greater than 50°lo of its value, it shall not be reconstructed unless such reconstruction complies with the requirements of the zoning district which applied to the property, except as provided. in Policy C-3.5, and with the policies of the Coastal Management Element of the Comprehensive Plan. C}biective D-4 Programs shall be undertaken to protect property from water related damages and to provide for the safety of individuals. Policv D-4.1 The City's seawall ordinance and regulations shall be reviewed annually i~ ~OJ8-1- by the Engineering Department, modifications made, and public information distributed to the effect of implementing an enhanced program for seawall maintenance through inspection and private rehabilitation. ~ Policv D-~.2 The City supports the designation and continuation of speed restrictions, as established by the Florida Department of Environmental Protection, throughout the entire length of the Intracoastal Waterway within the City limits Conservation Element GOAL AREA "A" THE PROTECTION AND CONSERVATION OF THE CITY'S WATER SUPPLY IS OF THE UTMOST IMPORTANCE. x ALL EFFORTS SHALL BE UNDERTAKEN TO PROTECT, CONSERVE, RECYCLE AND WISELY USE WATER AND TO EDUCATE THE PUBLIC tN TNESE EFFORTS. Obiective A-1 Efforts shall be undertaken which focus upon detecting and eliminating contamination and instituting preventative measures which prated our water supply sources, through the following specific policies. Policy A-1.1 The practice of monitoring groundwater conditions thraugh installation of monitoring wells shall be continued thraugh implementation of the County's 1Nellfield Protection Ordinance and the City's Industrial Pretreatment Program, as well as applicable State and Federal requirements. Policv A-1.2 The City shall cantinue to monitor developments in the field of water treatment technology, including desalinization, and shall utilize the most cost effective technology available to meet long-term demands. Policy A-1.3 The City shall encourage the. preservation of existing groundwater recharge areas through sensitive site planning, including maximizing open space, pretreatment of starmwater runoff, etc. In the case of environmentally sensitive lands, such preservation may include sensitive development under "planned development" concepts, exaction {public site dedication provisions of the Land Development Regulations), and .acquisition {including the County Environmentally Sensitive Lands Acquisition Program). Objective A-2 The concepts, principles, and regulations contained in the Palm Beach County Wellfield Protection Program shall be implemented and expanded upon by the City as specifically identified in the fallowing policies. Policv A-2.1 The City shall cantinue to assure campliance with the Caunty Wellfield Protection Ordinance by including campliance as a performance standard far which a specific finding must be made upon approval of any site plan ar conditional use action. Policv A-2.2 Inspection and monitoring of business premises, to ascertain that facilities and procedures exist and are utilized to properly manage hazardous materia'Is and wastes commonly occurring as a result of existing or proposed activities, shall be 61 Conservation Element continued through current processes related to the Welifield Protection Program, Industrial Pretreatment Program, and Fire department inspections. Policv A-2.3 "fhe City of Delray Beach shall prohibit the establishment of hazardous waste storage, transfer, or generating facilities. ©bjective A-3 Specific programs shall be implemented to monitor, enforce, reduce, eliminate, and provide alten~a~tive environmentally responsible disposal methods v~tla-r~ee~t-~a-tbe eve-y~ay-~+~se of materials which may be hazardous and wla~ir~-w~td contaminate our water supply Policv A-3.1 The current program of monitoring and inspection of industrial and commercial sites shall be maintained through the allocation of adequate staff to such duties. Policv A-3.2 The City supports public education programs to provide awareness of the impacts of the improper disposal of household hazardous waste. f~~:4 Policv A-3.3 The City supports the continuation of a central collection site, under the jurisdiction of the Solid Waste Authority, to which the public may bring and deposit household hazardous wastes on a daily basis. Objective A-4 To mitigate against future water shortages, a series of innovative activities geared to educate the public shall be undertaken which reduce consumption, minimize waste, and generally protect water resources. These activities shall be directed toward ~-~~ the continued reduction of water use, Policy A-4.1 The City's current water conservation regulations shall, on a regular basis, be brought to the attention of the public. Vehicles for public information shall include; pasting of literature in City Hall and along major roads, utility bills, neighborhood newsletters, and press releases. Policv A-4.2 ". The City shall wise continue to implement up-to-date building code requirements far water conserving fixtures in new construction. &2 Conservation Element Palicv A-4.3 The City shall encourage a broad range of water-saving irrigation techniques through the continued enforcement of the landscape Cade. Palicv A-4.4 Wherever possible, the City landscaping on City property. As a part xeriscape approach must be considered. shall use xeriscape instead of traditional of the submittal of any landscape plan, a Policv A-4.5 Water which flows in canals or drainage lakes, or reclaimed water shall be used wherever possible for irrigation of golf courses and open space areas. The possibility of such water use shall be explored during the review of any development plans which are in proximity of such a water source, Policv A-4.6 The City shall continue its present policy of requiring a water source, other than City water, for irrigation purposes in geographically defined areas of the City. Policv A-4.7 The City, through the Regional Wastewater Treatment Facility Board, shall continue to utilize and expand its use of reclaimed water from the wastewater treatment plant ' . Priorities far ~~°n-e# effluent reuse should be on golf courses in the City, large homeowner associations, and in the Coastal Planning Area. Policv A-4.8 Whenever water wells are discontinued from use, they shall be plugged and sealed as required by the Florida Department of Environmental Protection. Palicv A-4.9 The City of Delray Beach hereby supports the public education programs and emergency powers of the South Florida Water Management District with respect to the conservation of water sources and shall, when such programs and activities are imposed by the District, impose those similar restrictions which are available under the City's emergency water conservation powers. Objective A-5 To address the City's existing and projected potable water needs and sources in the context of the regional water supply, the fallowing policy shall be implemented. Policy A-5,1 In X008, the City shall adopt a Water Supply Facilities Work Plan ~g +hn ~^n~~n,^+c^n ~~~,~„°„+ to access projected water needs and sources for at least a 10-year planning period considering the South Florida Water IVlanagement District's dower East Coast Water Supply Plan. GOAL AREA "B" NATURAL RESERVATIONS AND SENSITIVE LANDS WHICH PROVIDE HABITAT A~N9 OR CONTAIN NATIVE VEGETATION WHICH ~4i~€ /S VITAL TO TH€ -My4/"+.-,~" A~€-OP THE ENVIRONMENTAL G?UALITY OF THIS COMMUNITY SHALL BE CONSERVED, ENHANCED, REGENERATED, MAINTAINED AND PROTECTED. 63 Conservation Element Qbjective B-1 The City shall e~=t~1~-e~ff~er~s, t-E~"~„~#e--~s1~~~~~el-ins, to protect and regenerate natural reservations and environmentally sensitive areas through the following policies. Policv 8-1.1 Publicly-owned environmentally sensitive areas have been identified on the Future Land Use Map by an "Open Space -Conservation'" symbol. The FINS parcels 645 a-r~ve k~as been zoned into the conservation zone district and parcel 650 (Mangrove Park) has been zoned Open Space. These designations shall be maintained in .order to further Objective B-1 as well as the Goals, Objectives and Policies of the Open Space and Recreation Element. Policv B-1.2 ~' Cr~r~ci+ixta ~rca~ tnrhinh ~.,it~ ha I„~++hrn,,,.h ~o„o~„n,,,an+ With development of the Heritage Club project, a portion of the Hurricane Pines site has been preserved as part of the open space for the project. This area shall continue to be maintained by the homeowners association as preservation area. ~!~~y--I~-a-~-- ~etic-y--13-1:~1 Policv 8-1.3 The City-owned park site in the Hammack Reserve area shall be developed with primarily passive uses to maximize retention of the existing native plan# communities. ~et+~--I~-~:-~ Policv B-1.4 The 4 acre oak hammock in the Hammock Reserve development shall continue to be preserved as a environmentally sensitive site. l~~ ~-1-~ Policv B-1.5 Natural reservations which exist as historic sites shall be protected through the continued implementation and enforcement of the City's Historic Preservation Ordinance. Policv B-1.7 Policv 8-1.6 The City's landscape Ordinance shall provide for the removal of existing invasive exotic species such as Australian Pine, Brazilian Pepper, and Melaleuca on private property as development andior redevelopmen# occurs. I# shall also prof-iibit the planting or cultivation of these species anywhere within the City. 64 Conservation Element Objective B-2 Educational programs shall be implemented to increase public awareness_ Regulations shall provide for the protection of flora and fauna. ~iate~ All measures shall ensure the protection, preservation, enhancement, conservation, regeneration, and appropriate use a~-pretec~}ea of fisheries, wildlife and marine habitats which serve as~'b+ta endangered,, a~ threatened and native plant and animal species. Policv 8-2.1 The submission of a biological survey and a habitat analysis shall accompany land use requests far plan amendments, rezonings, and site plan approval. However, the requirement shall not apply to small parcels, developed parcels, or where it is apparent that there are na such resources. Policv B-~.~ Whenever and wherever significant or sensitive flora and fauna communities are identified, plans shah be required to preserve the habitat to the extent feasible, or provide for mitigation if preservation is infeasible or inappropriate. Policv 8-2.3 A tree permit shall be necessary to remove or destroy any tree which has a diameter of four inches or greater. . Policv B-2.4 The City supports the maintenance of speed limits on the Intracoastal Waterway in order to provide a degree of protection for the Manatee. Objective B-3 The City shall implement programs and techniques to protect property from erosion and deterioration created by the impacts of wind and #lewi~ water, Policv 8-3.1 The City shall continue to control erosion from wind and flowing water through the building permit review and inspection process and the soil erosion control ordinance. Policy 8-3.2 The City supports Palm Beach County's program to restore and protect the shoreline of Lake Ida. In addition, the City supports continuing monitoring of boating activity in the lake to assure that this activity does not produce adverse impacts on the shoreline. Policv 8-3.3 A program to accommodate necessary repair, replacement, and maintenance of City-owned seawalls along the Intracoastal Waterway shall be retained. 65 Conservation Element Objective B-4 The City shall continue to implement its beach erosion control program and the environmental protection and enhancement aspects of its Beach Renourishment Program. Policy B-4.'i As a part of the City's ongoing beach renourishment and protection program, the existence of pedestrian accesses to the beach shall be maintained and enhanced through the continuation of the dune management program. Where necessary to control erosion, accesses shall be enhanced in accordance with the Beach Access Study, Policy 8-4.2 The City shall continue to implement the Sea Turtle Conservation Program, which includes monitoring of nesting and hatching activity, and enforcement of lighting restrictions. PoHcy B-4.3 The City shah continue to implement its dune protection and enhancement programs, which include management of the dunes at the municipal beaches and regulation of private development activities. Policy B-4.4 The City shall maintain existing programs to protect offshore reefs and marine habitat through monitoring and management of beach renourishment construction activities. Objective B-5 The City shall pursue innovative techniques of pervious pavin_ lsurfaces to reduce water runoff and promote percolation/starrnwater recharge. GDAL AREA "O" THE QUALITY OF THE AfR AIVD THE WATERWAYS OF THE COMMUIUITY ARE TQ BE PROTECTED AlUD EIVHANGED. Objective C-1 Thy btt~~r~'i-a~-vv~E~r-~~vG affnr4c t~ m~ir~t~er~ ~hi~ r . The City's fleet shall use fuel efficient or hybrid vehicles where appropriate. Objective C-2 The City shall support and participate in regional efforts to protect and enhance the quality of waterways, including Lake Ida, the drainage canal system, and the Intracoastal Waterway. 66 Conservation Element Policy C-2.1 The City shall encourage continued monitoring and enhancement of the Lake Ida water quality by the responsible agencies, with the goal of achieving a level of water quality that will allow swimming. Policy C-2.2 The City shall seek the placement of signs an the Intracoastal Waterway discouraging discharge of litter and emphasizing the location of public sewage pump- out stations. GOAL AREA "D" THE CONSERVATION OF NATURAL RESOURCES SHALL BE ENCOURAGED TF/ROUGH CITY SUPPORT OF WASTE MANAGEMENT PROGRAMS TO RECYCLE MATERIALS. Objective D-1 The City shall continue to participate in the Palm Beach County Solid Waste Authority recycling program. Policy D-1.1 The City shall work with the Solid Waste Authority to increase the number of materials accepted for recycling to include items such as Styrofoam and plastic baps. Policy D-1.2 The City shall continue to support the County's education program to increase participation in recycling_ Policy D-1.2 The City shall conduct an annual education program to encourage increased participation in the recycling program by law performing neighborhoods. GOAL AREA "E" STRIVE TO BEGONE MORE SUSTAINABLE CITY . Objective E-1 In 2008, determine an actionable set of recommendations that enables the City of Delray Beach to implement its current environmental commitments in a timely, cost- effective, and citizen-centric manner, as well as explore new opportunities for sustainability. Policy E-1.1 In 2008. a Green Task Force shall be created to address the following issues and provide a report to the City Commission: 1. Ways to improve the environmental Sustainability of City programs, services, and equpment facilities. 2. Strategies for improving environmental sustainability of the community 3. Incentives for residents, businesses, and organizations to practice environmental conservation including recycling 4. Proposed means to enchance water and energy conservation. 5. Ideas far promotion of tree planting and xeriscaping. 6. Best Practices for implementation in Delray Beach, including longterm strategies. 67 Open Space and Recreation Element GOAL AREA "A" RECREATIONAL OPPORTUNITIES OPEN SPACES AND FACILITIES WHICH ENHANCE THE t,?UALITY OF L/FE, PRQVIDE FOR Fy411~~~ RECREATION AN1.7 INTERACTION WITH OTHERS, AND PROMOTE THE SPIRIT OF COMMUNITY SHALL RECEIVE HIGH PRIORITY 1N THE INVESTMENT OF THE CAPITAL RESOURCES OF THE CITY. Objective A-1 The City hereby adopts the Florida Department of Environmental Protection, Division of Parks and Recreation guidelines and the National Park and Recreation and Open Space Standards, as shown in this Element as measures for "level of service" applicable to parks, recreation, and apes space in Delray Beach. Policv A-1.1 The City shall maintain the adopted level of service far all recreational facilities-tl~e u g l}-mild-e ~+t . Objective A-2 Park and recreation facilities shall be adequately and efficiently provided with adequate parking and public access and shall be compatible with surrounding existing properties and new development through implementation of the following policies: Policv A-2.1 The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. Policv A-2.2 The City, thraugh the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities far activities which serve all residents of the community and which can be achieved thraugh completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. Policv A-2.3 Funds shall be allocated, an an annual basis, for the purpose of achieving Policy A-2.2. This mechanism shall only be one of the funding sources which are applied to meeting that policy. Policv A-2.4 The City shall strive to develop a scenic recreational network for pedestrians and bicyclists. This network should make use of existing resources where possible, such as canal rights-of-way. In this way the scenic network would be similar to the rails-to-trails concept. Development of the network is not seen as a high priarity work item, bu# every opportunity to advance such a network should be taken. Policv A-2.5 The City shall continue to support and expand bicycle safety education programs for bath children and adults. 68 ~e~i~~-~4-z~ Policy A-2.6 As part of the preparation of Strategic Task Team Neighborhood Action Plans, the City shall evaluate the possibility of establishing neighborhood or "pocket parks" in the area for which the plan is being prepared. The evaluation should include identification of vacant or surplus parcels, and strategies to assure that the neighborhood determines the parameters of the park and is responsible for construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces. ~er}ter,-e~ethe~-selutions-te the-reed -te~c-c~rr}r~edate~ffice--a~-d-pregrarn-e•~pace; ~i;^Ln,~y-A-~:~- Policy A-2.7 Whenever the accomplishment of one or more of the activities cited can be achieved through major investment in an existing facility, such a situation shaA be a justification for raising the priority of the major capita! improvement on the capital improvement list. D^'~r,.r ~-''.'' ~ Policy A-2.8 The priority of a specific project may move up if it is funded from a dedicated revenue source and that funding is sufficient to accommodate the improvement (e.g. golf course improvement funded by a golf cart surcharge}. D^':nir "-~.~~ Policy A-2.9 The priority Of a specific project may move up if there is a contribution from the private sector, or other sources, or area developmentlredevelopment can be coordinated with its constr~.action. ~-+~ic-}~-,4-~4 Policy A-2.'ID All planning for parks and recreational facilities shall be in accordance with the adopted City of Delray Beach Parks and Recreation System Master Plan. D^Iinir n_~.9~ Policy A-2.'11 The City shall establish an Urban Park as part of the expansion of ~Id School Square Cultural Center, Multiple funding sources are to be pursued and Phase ~ of the development should be accomplished by FY ~~{~ 2008/09. 69 Open Space and Recreation Element flbiective A-3 The provision of recreation facilities and programs for the future well-being of this community is a joint responsibility of both the public and private sectors. Developers shall provide sufficient and appropriate recreational facilities for their development. That partnership shall be ~ mandated by each body taking an appropriate role as expressed in the foNowing policies. Policy A-3.1 Tot lots and recreational areas, serving children from toddlers to teens, shall be a feature of all new housing developments as part of design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The City may require a monetary tontributian in-lieu of the provision of an-site facilities where appropriate. Policy A-3.2 The role of the Parks and Recreation Department in fulfilling community needs in culture and the arks shall continue to focus an pragrams. Private and quasi- public groups {e.g. Old School Square Foundation, Public Library, Atlantic Avenue Merchants Association, Historic Satiety, etc.) should be encouraged to provide facilities necessary to accommodate the arks {e.g. auditorium, indoor Concerts, and the performing arts}. The City shall provide reasonable assistance to such groups in as much as such efforts relate to the overall economic development of the Community. Policy A-3.3 "fhe City shall Continue to develop and sponsor programs for youth activities. Policy A-3.4 The City, through the Parks and Recreation Department, shall Continue its formal relationship and program with the school district far the joint use of school grounds far active sports such as soccer and far the Creation of educational pragrams such as use of the nature and interpretative trails. ~~1+~-A-3:6 Policy A-3.5 The City shall Continue to encourage other community partners, including religious and social organizations, to join in the effort to provide leisure pragrams and activities for the Community as a whale. 70 Qpen Space and Recreation Element Qbiective A-4 The provision of recreational facilities by the private sector is an important factor in the quality of life in the entire community, especially for teenagers and young adults. The City shall encourage the siting of appropriate private recreational facilities within the City through the provision of informational services, and consideration of innovative, quality development proposals. Palicy A-4.1 The City shall consider modifications to the Land Qevelopment Regulations with regard to private recreational facilities, including the number of permitted, vs. conditional, recreational uses allowed in commercial zoning districts. Puff lcsirnl 4r~ Ir tnnm +n nccicf rtn}nntinl rln~rc.lnnnre ref r~ri~r7~n rnrrn!~ffir~n~! fnnilitin~ GQAL AREA "B" AN OPEN SPACE CREATION, RETENTION AND ENHANCEMENT SYSTEM RF~'~9C~4~At1 CONSISTING OF BUT NOT LIMITED TO LINKS AND LOOPS THROUGHOUT THE CITY. SHALL BE PURSUED IN ORDER TO ENRICH THE QUALITY OF LIFE IN DELRAY BEACH AS UYELL AS ENHANCING PROPERTY VALUE,, A-AR9 THE COMMUNITY AESTHETIC AND ENVIRONMENTAL SUSTAINABILITY. 4biective B-1 The retention and creation of visual open space areas is vital to meeting the overall og als fk~e+~ea of the Comprehensive Plan. Part of the image of open space is that of vistas and streetscapes. The maintenance of vistas] a~ enhancement of the streetscapes, and additional open space are objectives which shall be accomplished through the following: Policy B-1.1 Large open space areas like golf courses and lakes, when developed within a subdivision, shall be located so that they provide a view corridor for the general public. Similarly, common areas which are a part of new developments shall be located, fn some degree, contiguous to the external street system ahd likewise provide a view corridor. . PalicV B-1.2 The City shall continue its on-going street beautification efforts, including programs such as Adopt-A-Tree, landscaping upgrades as part of street construction projects, and an emphasis on providing sufficient funds to maintain existing landscaping at a high level. Palicy 8-1.3 IVew developments shall provide central focal points at entries and landscape buffers along the external {arterial, collector) streets which service them. Back-lotting of individual homes along such streets should be allowed only when special landscape buffers are provided between the rear yard walls or fences and the right-of- way. 71 Open Space and Recreation Element Objective B-2 Natural areas , , shall be protected and preserved through the following policies. Policy B-2.1 The Land Use Map shall identify as "conservation" the following areas which shall be preserved: D The 1=1ND parcels 645, and 650 along the Intracoastal; D The Leon Weekes Environmental Preserve; ^ Delray Oaks; and ~ , D The Donnelley Tract on Palm Trail. Policy B-2.2 The Open Space {OS} and Open Space and Recreation {OSR} Zone Districts of the Land Development Regulations shall be applied to "Recreation'", "Open Space" and "Conservation" parcels. The OS Zone shall provide for distinct standards applicable to open space lands and to conservation lands. Policy B-2.3 As a part of the City's ongoing beach renourishment program, the existence of pedestrian accesses to the beach shall be maintained and enhanced {See Conservation Policy 8-4.1 }. Objective B-3 Not only shall existing public access to beach areas and the Intracoastal Waterway be retained, but enhanced with special emphasis placed upon beach accessibility for residents of Delray Beach, while protecting the natural environment. This objective shall be accomplished through the following. Palicy 8-3.1 A~d+tiena~ aAccess to the Intracoastal Waterway shall be achieved through improvements made at the time of development of Mangrove Park tkx,~-,-4," ~arsei {MSA 650}. Palicy B-3.2 Current access points and pathways to the beach shall be enhanced through the policies which implement Objective B-4 of the Conservation Element. Objective B-4 The City shall ensure that public access and that passive resource-based facilities {i.e. trails, wildlife observation areas, etc.} are provided on publicly awned natural areas for the public use and enjoyment of the site. 72 Intergovernmental Coordination Element GOAL AREA "A" A CONTINUOUS ANt7 COORDINATE[? EFFORT WNICH INVOLVES ALL AFFEGTED UNITS OF GOVERNMENT, REGULATORS, AN© SERVICE PROVIDERS SHALL 8E MAL7E IN PURSUIT OF ACCOMPLISHING THE GOALS OF THE GOMPRENENSI VE PLAN Objective A-1 The Gity's Gomprehensive Plan shall be coordinated with the planning and service delivery efforts of those units of government and agencies which may be impacted by it. This objective shall be met through the fallowing: Policy A-1.1 Notification of proposed plan amendments shall continue to be provided to all local units of government in Palm Beach Gounty through the Interlacal Plan Amendment Review Gommittee ~IPARC}, and to affected adjacent municipalities and service providers through direct notification. Policy A-1.2 Amendments to plans of adjacent units of government shall be reviewed pursuant to the formal plan amendment review program. The City Manager, ar his designee, is authorized to issue a statement of "intent to abject" when the actions of another municipality may affect the City of Delray Beach. Such situations may be analyzed by the Local Planning Agency who shall recommend to the Gity Commission any formal abjection which is to be made. Policy A-1.3 Conflicts which may occur in the implementation of the City's Comprehensive Plan or which may occur in the implementation of the Plan of a neighboring jurisdiction shall be brought to the attention of the affected jurisdiction in order to resolve the situation. If an early resolution of the conflict cannot be achieved, the item will first be taken to the Multi Jurisdictional Issues Coordination Forum for review and direction. If further resolution is still necessary, the informal mediation process provided by the Treasure Coast Regional Planning Commission shall be pursued by the City of Delray Beach. Policy A-1.4 The Gity Manager's Office through its Planning and Zoning Department shall maintain a listing of entities affected by this Plan and shall provide to them information regarding Gity actions which affect provision of services or plans far facilities which affect them, Policy A-1.5 Future annexations by the Gity of Delray Beach shall be carried out pursuant to Policy 8-3.5 of the Future Land Use Element Annexation Program) and shall be consistent with adopted annexation policies of Palm Beach Gounty. Consistency shall be determined by specific notification of each annexation to the Planning Director and concurrence by that office. 73 Intergovernmental Coordination Element Poliev A-1.6 This objective and its implementing policies shall be followed far each proposed plan amendment. Poliev A-1.7 Whenever a development proposal which involves a private land use petition that requires development review or implements a development activity proposed in this Comprehensive Plan and it is located within ane- quarter mile of the boundary of an adjacent unit of government, a copy of the development application or development activity description shall be provided to the affected unit of government upon its receipt by the City of Defray Beach. Poliev A-1.8 The staff report prepared for any development application or development activities proposed in the plan and provided to the Local Planning Agency or other City approving body shall contain an assessment, if applicable, of how the proposed activity may affect the existing plans of any adjacent local government. Poliev A-1.9 The City shall coordinate with Palm Beach County to designate ti~ese portions of the unincorporated areas within the City's official Planning Area as "Joint Planning Areas". Those areas shall be subject to the policies included within Future Land Use Element Objective B-3. This coordination shall) be accomplished through the execution of an interlocal agreement with Palm Beach County as required by Florida Statutes.. Policy A-1.10 The City of Delray Beach shall utilize the Palm Beach Countywide Intergovernmental Coordination Program as a regular formal forum in which to deal with issues unique to Palm Beach County and the municipalities. The Multi-Jurisdictional Issues Coordination Forum shall be utilized as a means of collaborative planning far matters of interjurisdictional significance including, but not limited ta, the siting of facilities with countywide significance and locally unwanted land uses. jNew Policy per Amendment 99-lCEj Policy A-1.11 The City shall support efforts to integrate land use and water resource planning to ensure the availability of water for regional water management purposes. Accordingly, the SFWMD shall be designated as a commenting agency on large scale plan amendments and other projects with potential impacts on regional water resources and programs, and shall be encouraged to provide comments prior to any action on the amendments, rezonings or development projects with regional impacts, made by the Local Planning Agency /Zoning Board, or the City Commission. jNew Policy per Amendment D4-2J Obiectiue A-Z The level of service standards contained within this Plan shall be reviewed by and established in conjunction with the entity which has operational and maintenance ar planning responsibility for such facilities. 74 Intergovernmental Caardinatian Element Policv A-2.1 During review of any Plan amendment which involve changes to the level of service standard, letters shall be sent to each entity which is affected by a level of service standard adapted pursuant to this Plan. The letter shall ask far concurrence with the proposed standard. Palicv A-2.2 Additianaf information as to the basis of the level of service .standard shall be provided to said entities upon request. Palicv A-2.3 Any conflicts emanating from Policy A-2.1 and which are not resolved prior to resubmission to D.C.A. shall be taken to the Interlocal Plan Amendment Review Committee ~IPARC) and Multi-Jurisdictional Issues Caardinatian Forum as appropriate, far direction and/or mediation. Policv A-2.4 This objective and its implementing policies shall be followed for each proposed plan amendment which affects a level of service standard, Objective A-3 The objectives and policies contained in Gaal Area D of the Future Land Use Element and which provide mutual obligations far the enhancement of schools in Delray Beach and the furtherance of Schaal District policies shall be coordinated with the Schaal District, with the Baal of implementation of the City's adapted plan entitled "Sharing far Excellence in Schools 1994" . Objective A-4 The City shall emphasize the intergovernmental coordination activities needed to achieve the policies and programs identified in other elements of the Plan, as described in the Needs and Recommendation section of this Element. Objective A-5 The City shall seek to improve relationships with those entities with which coordination problems have been identified. 75 Capital Improvement Element GOAL AREA "A" THE CITY OF DELRAY BEACH SHALL, IN AN EFFICIENT AND TIMELY MANNER, UNDERTAKE ACTIONS WHICH ARE NECESSARY TO PROVI[7E NEEDED PUBLIC FAC1LtT1ES WHICH ACCOMMODATE FUTURE GROWTH AND ,WHICH MEET EXISTING DEFICIENC/ES. C}biective A-1 The Gity shall direct financial resources to the task of maintaining and upgrading existing public facilities as necessary to assure that the entire Gity achieves the adapted levels of service. To this end> the Gity shall allocate sufficient reserves and annual recurring funding to address critical needs and system deficiencies. This objective shall be met through the following policies. Policy A-1.1 The Gity shall adhere to the Policies of Qbjective A- which describes the program for establishing and maintaining the schedule of improvements in the Gapital Improvement Element. Policy A-1.2 The Gity shall strive to coordinate projects for providing water and sewer services to inhabited areas which do not have such services, with other infrastructure work in the area and shall include them in the Gapital Improvement Plan to optimize cost efficiency and service delivery. Policy A-1.3 The Gity shall use the Stormwater Utility Fee to finance drainage improvements and the related maintenance and administration of the system. Palicv A-1.4 The Gity shall maintain a funding source for replacement of irreparable or obsolete office equipment, replacement of computer hardware and replacement of other major pieces of equipment. Funds for these purposes will be allocated annually from general funds. Palicv A-1.5 The Gity shall maintain a funding source far the maintenance and repair of buildings and facilities, including such items as roof replacement and major structural repair, in a timely manner to maintain the viability of the facility. Funds for these purposes will be allocated annually from general funds. Palicv A-1.6 The Gity shall maintain a funding source for the replacement of irreparable or obsolete buildings, facilities, and major facility elements and the upgrading of existing facilities to maintain their ability to deliver the established level of service to the community. Funds for these purposes will be allocated annually from general funds or from long-term financing. Policy A-1.7 The Gity shall allocate funds annually to maintain and improve public facilities which serve existing development. 76 Capital Improvement Element Policv A-1.8 The City shall strive to maintain a General Fund Reserve equal to 7-10°l~ of the recurring annual operating revenue, excluding major one-time costs such as those related to bonding. Policv A-1.9 The City shall use water and sewer operating funds to provide for the repair, replacement, and upgrade of critical components of the water and sewer systems in the amount of 2.5°l~ of the value of fixed assets excluding land and works in progress. Objective A-2 The City shall insure that public facilities which are necessary to accommodate future growth are provided concurrent with the needs of such development,-T-"„~-objes~t~~e h949- 4biective A-3 The City of Delray Beach shall establish programs and procedures which require the provision of needed and desired improvements, as identified in other elements, and which shall manage the land development process so that needs created by future development will not exceed the ability of the City to meet them. Such programs and procedures shall, at a minimum, include the following policies and activities. Policy A-3.1 The City of Delray Beach hereby adopts the list of capital projects contained in the five year schedule contained in this element and establishes that all projects identified shall be carried out in accordance with that schedule or within one year thereof unless a Comprehensive Plan amendment is adopted to change the schedule. Policv A-3.2 The Five Year Capital Improvements Schedule shall be established in accordance with the Guidelines for Prioritizing Capital Improvement Projects, as contained in this Element. Policv A-3.3 The criteria which shall be considered in the amendment and possible modification of the 5-year schedule shall include the following: a} The highest priority shall be afforded to activities and projects which eliminate a public hazard whether it be to health or the reduction of damage potential (c1 a} b} The second highest priority shall be given to public safety equipment replacement. 77 Capital Improvement Element c) The third highest priority shall be given to activities and projects which eliminate system deficiencies, less than desirable conditions or provide services to unnerved, inhabited areas. d) Consideration shall be given to impacts upon the availability of funds for the project and far other projects; when appropriate far the purpose of providing financial resources for other needs, an activity or project shall be phased aver a period of time. e} When a project can be combined with another project in the same geographic area, it shall receive a higher priority e.g. combining needed street improvements with scheduled water and sewer improvements may accelerate the street improvement project. f} When a project will receive significant funding assistance from a development project ar through neighborhood contributions through an assessment district ar other method, it shall be accelerated an the schedule. g} When a project can be funded through an exclusive funding source, it shall have a priority determined through that funding source regardless of its relationship to projects which are funded by other funding sources e.g. a park constructed with dedicated park funding can have a higher priority than a mandatory need when the financing for the need isn't available. h} A project's priority shall increase if it can be tied to the construction of a project undertaken by another unit of government e.g. water main upgrading and hydrant placements shall be coordinated with street improvements which are constructed by Palm Beach County. I) A project's scheduling shall be consistent with respect to other projects which have been prioritized within other elements of this Plan, except as they may be modified through the criteria contained within this Policy. Policy A-3.4 The City will prepare aFive-Year Capital Improvement Plan (CIP} each year, in addition to a projection of the current year. The CIP shall address currently funded projects, projects under construction, and a five year projection of projects. The CIP shall include all projects contained on the five year schedule of this Element and shall contain those projects of greater than X25,000 which are funded through the dedicated financial resources for renewal and replacement projects and all other projects of greater than X25,000 which are proposed, except far repair and replacement items identified and funded via renewal and replacement programs. The first year of the CIP will be the Capital Improvement Budget {CIB} projected for the next year. 78 Capital Improvement Element TABLE Cl-Gt?P-1 CITY QF DELRAY BEACH LEVEL QF SERVICE STAIVL}ARDS 1 FACILITY STANDARDS 1 Sewer Treatment System • Generation Inflow 160 gal per person per day. • Plant Desi n Ca acit 21 mgd average 130 mgd peak. Water Treatment System • Water Usage 4~ 240 gal per person per day. • Storage 15°l0 of maximum flow + fire reserve at 1.5 mg + emergency reserve at 25% of storage = 6A mg at buildout. Flaw Water Pumping Capacity 22.4 mgd. • Water Treatment Capacity 28 mgd. • Water Pressure 20 psi, minimum. Solid Waste • Generation Inflow 7.13 pounds per person per day. drainage • SFWMD Standard Traffic • Local Streets • Gity Collectors and Arterials • County Streets • State Facilities Open Space and Recreation • Local Determination Facilities Mini Park /Playground Neighborhood Park Community Park Urban District Park Regional Park • Activities Children Play Area Baseball Field Softball Field Football t Soccer Field Tennis Courts Golf Course (18 haie} Basketball Court . Shuffleboard Court Handball t Racquetball Court Swimming Pool (small} Swimming Pool (Large) Boatramps Beachfront Coastal Zone Levels of Service Public School Levels of Service Retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious areas, to protect water quality. "G" under any condition. "D" under any conditions, pursuant to Exhibit 1 and 2. "D" under any conditions, per the adopted County level of service. Basis for calculations are the County Traffic Performance Standards. "D" Under any conditions, pursuant to Exhibit 2. 3 acres per 1,000 residents. 1 per 2,500 residents, 'l~ mile service area. 1 per 5,000 residents,'l~ to'l~ mile service area. 1 per 25,000 residents, '/ to 3 mile service area. 1 per 50,000 residents, 30 to 40 minutes driving time. 1 per 100,000 residents, 30 to 60 minutes driving time, 250 + acres, 1 per 5,000 residents. 1 per 5,000 residents. 1 per 5,000 residents. 1 per 15,000 residents. 1 per 2,000 residents. 1 per 25,000 residents. 1 per 5,000 residents. 1 per 2,000 residents. 1 per 10,000 residents. 1 per 2,000 residents. 1 per 25,000 residents. 1 per 15,000 residents. 25 linear feet per 1,000 residents. Y~ acre per 1,000 residents. Shall be the same as elsewhere in the See Public Schools Facilities Element. 79 Capital Improvement Element Policy A-3.5 The City will have each draft of the CIP reviewed by the Capital Irprovement Committee consisting of the City Manager, Assistant City Manager, Finance Director, City Engineer, and Environmental Services Director. The CIP shall be reviewed annually by the Local Planning Agency which shall issue a statement of consistency with the Comprehensive Plan prior to its consideration the City Cornmissian. PalicY A-3.6 The City of Delray Beach hereby adopts the Level of Service {LC}S} standards as set forth in Table CI-GQP-1 as the mandatary levels of service for public facilities within the City's Municipal Boundaries and Planning Area. Policy A-3.7 Wherever the term "concurrent" is used in this Element and other elements of the Plan it shall mean that the public facility shall be provided under any of the following conditions: a) The improvement is in place prior to the issuance of an occupancy permit; b) The improvement is bonded for as a part of the subdivision improvement agreement or similar instrument and there is a schedule of completion in the bonding agreement; c~ The improvement is a part of a governmental capital improvement budget, it has been designed, and a contract for installation has been solicited. d) The improvement in the case of public school facilities, construction appropriations are specified within the first three years of the most recently approved School District of Palm Beach County Five Year Capital Improvement Schedule, as reflected in Table SD-CIP of this element. Policy A-3.8 The City shall be guided by the following in tts pursuit of additional project funding through grants. Whenever a grant which will fund a capital project becomes available, the City Commission must determine that either the grant will fund a previously identified need, ar that obtaining the grant and its administration and the construction of the capital project will not diminish the resources and activity which is directed toward meeting scheduled needs. Policy A-3.9 In developing financial programs to fund needed capital projects, the fallowing principles far the management of debt shall be observed: a} Lang term debt will not be issued to finance current operating casts or normal, routine maintenance. b) The City will strive to maintain a grass banded general obligation debt {general abligatian band principal) at a level not to exceed 2°l0 of the assessed value of property within the City. $0 Capital Improvement Element c) The City will strive to insure that its net bonded debt does not exceed $700 per capita. d) The City will strive to insure that the combined total of its direct net bonded debt and its share of overlapping debt issued within Palm Beach County does not exceed $2,000 per capita. e) The City will strive to insure that annual general bonded debt service costs principal and interest} will not exceed 15°10 of General Fund Expenditures. f} Wherever possible, the City will use Revenue, Self-Supporting, or Special Assessment Bonds instead of General Obligation Bonds. g} The length of a bond issue shall relate to the useful life of the projects which it is financing. The City will attempt to schedule Bond (sues so that an equal principal amount is retired each year over the life of the Issue, producing a total debt service schedule with a declining balance each year. h) Each proposed borrowing shall analyze the impact of the future debt service upon projections of operating revenues and expenditures and the City Commission must make a finding that the impact will not diminish the City's ability to continue to provide services. I} Long-term borrowing shall be used only for capital projects listed in the Capital Project Schedule of this Element. Ctk~lective A-4 Future development shall continue to pay its proportionate share for providing needed public faciUties and shall be responsible for the extension of public facilities to the site of development. Policy A-4.1 The City shall continue with the programs which it has established for water, sewer connection fees and park facilities impact fees. Policy A-4.2 The City hereby endorses the Palm Beach County Traffic Impact Fee Program and commits to the collection and transfer of funds pursuant to that program. Policy A-4.3 The City shall require the dedication of right-of-ways for street systems and easements for utility systems concurrent with the appropriate stage of granting of development orders. The size and location of such dedications shall be consistent with the Transportation and Public Facilities Elements. Policy A-4.A~ New development shall be required to extend public utilities for water, sewer, and drainage to the furthest portions of the property which is being developed in a manner so that adjacent property will have access to the facilities. 81 Capital Improvement Element This policy shall apply in all cases unless it is determined by the City Engineer that no good purpose is served by such extensions and no other development will occur at the end of such extensions. Policy A-4.5 IVew development should be required to install sidewalks along abutting streets and should be responsible for the construction of one half of any street which abuts the property being developed whether it services the development or not. The developer's responsibility is limited to one half of a local street unless the improvement is needed in order to met LDS standards, in which case full improvement~is required. Objective A-5 The City.shall maintain programs and procedures to insure that the land use decision- making process is coordinated with the capital improvement element. Objective A-6 The City of Delray Beach shall limit public expenditures on the barrier island which subsidize increased development intensities beyond those shown on the Future Land Use Map, or development which adversely affects hurricane evacuation times. Objective A-7 For any land use project which requires review and action by the City Commission, Local Planning Agency {LPAj or other approving Board, the Board shall .review the project with respect to all facets of the Comprehensive Plan. Upon such review, the Board shall provide findings addressing consistency of the project with the Plan. A finding of overall consistency must be made in order for the project to be approved and shall include specific reference to the manner in which public facility needs created by the project will not exceed the ability of the City to fund and provide or to require the provision of the needed capital improvements. {b5~ Policy A-7.'l A finding of consistency shall not be made if the zoning designation for the project is not consistent with the designations on the Future Land Use Map, and its supporting policies. A finding of consistency shall not be made if the project will not meet the test of eoncurrency pursuant to Policy A-3.6 of this element, A finding of consistency may be made even though the project wi11 be in conflict with some individual policy statements contained within the Plan; provided that the I_PA finds that the beneficial aspects of the project {hence implementation of some policies) outweighs the negative impacts of the identified points of conflict. Objective A-8 The School District of Palm Beach County shall maintain minimum level of service standards for public school facilities, as defined in the Public School Facilities Element and in accordance with the "Palm Beach County Interiocal Agreement with 82 Capital Improvement Element Municipalities of Palm Beach County and The School District of Palm Beach County To Establish Public School Concurrency". In the case of public school facilities, the issuance of Development Orders, Development Permits or development approvals shall be based upon the School District of Palm Beach County's ability to maintain the minimum level of service standards as established in Policy A-1.1 > Public School Facilities Element Policv A-8.1 For public school facilities, the applicant for a Development Order or Development Permit which includes any residential component shall provide a determination of capacity by the School District of Palm Beach County that the proposed development will meet the public school facilities level of service. A determination by the School District is not required for existing single family legal lots of record, in accordance with the Public School Facilities Policy A-1.8, Public School Facilities Element. Policv A-8.2 In accordance with Public Schools Facilities Element Policy A-1.1, prior to issuance of a Development OrderJPermit, the School District of Palm Beach County shall determine that the level of service for public school facilities can be achieved and maintained. The necessary public school facilities shall be considered to be in place when sufficient capacity exists in the concurrency service area {CSA) in which the proposed development is located, or an immediately adjacent CSA. Policv A-8,3 The School District of Palm Beach County Five, Ten and Twenty Year Capital Improvement Schedules included in {TABLE SD-CIP) are adopted as a supplement to the City of Delray Beach's °Five Year Capital Improvements Schedule". GOAL AREA "B" THE CITY OF DELRAY BEACH SHALL PROVIDE PUBLIC FACILITIES AND SHALL INVEST PUBLIC FUNDS TO ENHANCE THE QUALITY OF LIFE THROUGHOUT THE COMMUNITY 'AND TO PROMOTE AND ACHIEVE CULTURAL AND ECONOMIC GROWTH. Objective B-1 The fiscal policies and activities established in Goal Area A shah apply to programs and activities which have been identified in other elements and in this element. Policv 8-1.1 All projects and activities identified in The Inventory Section shall be included on the schedule of improvements of this Element. Policv 8-1.2 These projects and activities shall be subject to the rules of implementation of that schedule with the exception that changes in priority or timing may be enacted as local amendments to the Comprehensive Plan. 83 ITEM BEFORE- THE BOARD The action before the Board is that of making a recommendation on aCity-initiated Annexation, Future Land Use Map Amendment from County INST {Institutional} to City CF {Community Facilities} with initial zoning of CF {Community Facilities} for Fair Oaks Hospital. The affected property is located on the south side of Linton Boulevard, approximately 2,150 feet west of Military Trail, and contains approximately 5.47 acres. LDR Sections 2.4.5 {A}, (C} and {D} provide rules and procedures for the processing of this petition. Pursuant to LDR Section 2.2.2{E}, the Local Planning Agency (Planning and Zoning Board} shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map. BACKGROUND - The property under consideration is an unplatted 5.47 acre parcel which contains a 59,420 sq. ft. hospital, known as Fair C)aks Hospital. On February 3, 1981, an Agreement far Water and Sewer Service was executed far the subject property as well as far the adjacent Delray Medical Center, medical office and shopping center developments. The facility was constructed in 1983, and City water and sewer facilities were extended to the development. Can March 18, 1999, the Agreement for Water and Sewer Service was amended and included paragraphs, which gave consent far future annexation and a storm water assessment fee. The Agreement was processed in conjunction with a proposal to expand the medical center. The agreement stated that the overall development wiH be annexed in phases with the shopping center to be annexed by March 31, 2001 {completed}, Delray IVIediGal Center by 2005 {completed}, Fair Qaks Hospital by 2008 {subject project}, and Lago Vista property by 2011. The Gity is processing the FLUM {Future Land Use Map} amendment from County INST to City CF and the Annexation with initial zoning of CF, pursuant to the referenced agreement. FUTURE LANfJ USE MAP AMENDMENT ANALYSIS This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). REQUIRED FINDINGS: LDR fGHAPTER 31 PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings}, prior to approval of Land Use 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, written materials submitted by the applicant, the staff report, ar minutes. Findings shall be made by the body which has the authority to approve or deny the development application, These findings relate to the Future Land Use Map [Section 3.1.1(A)], Cancurrency [Section 3.1.1(8}], Comprehensive Plan Gansistency [Section 3.1.1[0], and Compliance with the Land Development Regulations [Section 3.1:1{D}], Future Land Use Map: The resulting use of land ar structures must be allowed in the zoning district within which the fond is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The accompanying annexation and initial zoning application is seeking a CF (Community Facilities} zoning district. The proposed CF Future Land Use Map designation is consistent with the proposed CF zoning designation. The existing hospital is allowed as a conditional use within the CF zoning district [ref. LDR Section 4.4.21 {D}(1 }]. Based upon the above, positive findings can be made with respect to Future Land Use Map Gansistency. P&Z Board Staff Report Fair oaks Hospital -Future t_and Use Map Amendment & Annexation with Initial Zoning of CF The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: ^ Demonstrated Need -- That there is a need far the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fuffillrnent of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Gonservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The above requirement does not apply as the FLUM amendment is associated with an annexation, and the advisory GF {Community Facilities} FLUM designation is being applied. The proposed Gity GF FLUM designation is consistent with the Gounty INST FLUM designation. ^ Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The request is to apply the advisory CF FLUM designation, which was applied to this property with adoption of the Comprehensive Plan and Future Land Use Map in 19$9. Thus, the designation is consistent with the goals, objectives, and policies of the Comprehensive Plan. ^ Concurrency -- Development at the highest intensity possible under the requested designation can meet the adapted concurrency standards. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered in the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. The proposed GF designation is of the same intensity as the existing Gounty INST designation. Thus, the act of officially adopting the City's Gommunity Facilities {CF} Future Land Use Map designation has no negative impact with respect to level of service standards. • Compatibility --The requested designation will be compatible with the existing and future land uses of the surrounding area. Narfh: North of the subject property contains the Lago Vista Rehabilitation Facility and it has a County Future Land Use Map designation of INSTJ$ (Institutional, with an underlying High Residential-$ units per acre}, and an advisory City FLUM designation of CF {Gommunity Facilities). Soufh: The abutting property to the south has a County Future Land Use Map designation of MR-5 {Medium Residential, 5 units per acre} and is zoned RSJSE {Single Family Residential). The existing use of the property is the Country Lake Subdivision. Easf; The property to the east, has a City Future Land Use Map designation of GF {Gommunity Facility} and is zoned CF (Community Facility). The existing use is the Delray Medical Center. 2 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF West: The property to the west contains the Addison Trace residential subdivision and has a County Future Land Use Map designation of IVIR-5 {Medium Density- 5 units per acre} and a County zoning designation of PUD {Planned Unit development}. The existing hospital complex has co-existed with the surrounding developments for many years. The application of the advisory GF Future Land Use Map designation to the existing community facilities property is compatible with existing and future land uses of the surrounding area. Site specific compatibility of future development with the adjacent developments will be addressed at the time of site and development plan review of future development proposals. • Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. There is no development proposal associated with the Annexation, FLUM amendment, and initial zoning requests. Compliance with the Land Development Regulations will be addressed with future development proposals. There are no problems anticipated with the ability to comply with the Land Development Regulations, ANNEXATION ANALYSIS Land Development Reaulations Governina Annexations: Pursuant to the LDR Section 2.4.5 {G}{1}, the Gity may initiate an annexation of private property if said right has been delegated via provisions of a water service agreement or other agreement to that end. The City initiated annexation is pursuant to the Agreement for Wafer and Sewer Service and Consent to Annexation and Stormwater Management Assessment executed on March 18, 1999. CONSISTENCY WITH THE CITY COMPREHENSIVE PLAN: Designated Annexation Area: Pursuant to Future Land Use Element Policy 8-3.5, the property to be annexed is located within "Annexation Area B", southwest career of Linton Boulevard and Military Trail. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City {Future Land Use Element Policy 8-3.1}. The following is a discussion of required services and the manner in which they will be and are provided. Police: This property is currently serviced by the Palm Beach Gounty Sheriffs Office, located at 345 South Congress Avenue, which serves the South County area. The property lies within Sheriff patrol zone 9. Zone 9 is bordered by Jog Road on the west, the Atlantic Ocean on the east, Atlantic Avenue on the north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift {three shifts per day}. Additional response can be accommodated by "Goner Cars" which roam throughout zones randomly, depending on their availability in South Gounty during that time, The Gity of Delray Beach Police Department has 15 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. City police currently pass the property while patrolling areas of the City to the east of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The adjacent municipal area is served by Fire Station No. 5 (Linton Boulevard & Germantown Road}. With annexation, the property will receive an improvement in response time from the current 3.5 minutes of the Gounty Fire Department {Pheasant Walk Station} to approximately 1.5 minutes for the Gity Fire Department {Fire Station No. 5}. 3 P&Z Board Staff Report Fair ©aks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF Police and Fire Personnel Needs: This annexation does not directly generate the demand for additional Police and Fire personnel. However, this annexation in conjunction with the recent annexations of Country Club Acres, The Colony, Bexley Park and the Delray Medical Center as well as the redevelopment that has occurred in the City, have generated additional demands far personnel from both the Police and Fire Rescue Departments. These needs have been addressed through the City budgetary process. Water and Sewer: The existing development is connected to the City municipal water and sewer system, via 8" and 10" water mains, and 8" sewer mains. As part of the Agreement for Water and Sewer Service in 1981, these mains were extended to the site. Streets: This property has direct access to Linton Boulevard through the adjacent Delray Medico! property, and to Military Trail via an access tract through Palm Court Plaza: The portion of Military Tail immediately adjacent to the Wal-Mart and Palm Court Plaza is under the jurisdiction of the City of Delray Beach, while the maintenance responsibility remains with Palm Beach County. Linton Boulevard is under Palm Beach County jurisdiction. The jurisdictional responsibility and the associated maintenance responsibility will not change with this annexation. As the property is currently developed as a hospital, there will be no change with respect to traffic. With any proposals for building additions, traffic will be evaluated. Parks and Open Space: The existing institutional development does not have an impact with respect to this level of service standard. It is Hated, however, that the City currently provides approximately 8 acres per 1,000 residents of recreation space, which far exceeds the desired standard of 3 acres per 1,000 residents established in the Comprehensive Plan. Solid Waste: As there is no change in actual land use, there is no impact on solid waste disposal. The service provider will remain the same, as described later in this report. Financial Impacts: Effect Upon Annexed Property: NOTE: The following analysis includes the Fair Oaks Hospital facility, which is being considered for annexation at this time. Palm Beach County Property Appraiser's records include Fair Oaks and the Delray Medical Center as one parcel, which has one property control number (Tax I.D. Number). Thus, the County's assessment incorporates aN the improvements within the parcel. Prior to annexation, the two facilities will need to have their own property control numbers. The following is provided far illustration purposes and are estimates based upon the current situation. The actual fiscal impacts will be less than indicated below. For the 2007 tax year, Fair ©aks Hospital had an assessed value of $4,191,198. With the change from County to City jurisdiction, the following taxes and rates will be affected: Taxes FirelRescue MSTU Library City of Delray Beach City of Delray Beach Debt Millage With Annexation 2.7794 Deleted (County} .4970 Deleted (County} 6.1449 Added (City} .4334 Added (City) 3.3019 Difference* * Total tax millage in the County is 16.7916 mills, while in the City the total millage rate is 20.0935 mills. 4 P&Z Board Staff Report Fair Qaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of GF The current yearly Ad Valarem taxes are $70,376.93. With annexation the yearly Ad Valarem taxes will be $84,215.83, a tax difference of $13,838.90. In addition to property taxes, the foNawing Nan Ad Valarem fiscal impositions apply: Delray Beach Storm Water Utility -This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non-residential units, the assessment fee is calculated using the following formula {# sq. ft. of impervious area/2,502) X $54. A 25°l° discount from the assessment is available if drainage is retained an site. Also, a 25°l° discount from the assessment is available because the subject property is located within the Lake Worth Drainage District. As the property contains a nonresidential use, this assessment would be imposed in the amount of approximately $848.34 {33°!° Impervious= 78,630J2502 X $54.00150%). A further increase based upon new impervious surfaces will be realized with future development/redevelopment of the site, Solid Waste Authority -The South Military Trail annexation area is serviced by Waste Management {pursuant to a contract awarded on October 1, 2003), and the City's contract is currently through Waste Management. Therefore, the waste service provider will remain with Waste Management upon annexation. Business Tax Receipts -The hospital has a county business tax license. With the annexation, the hospital must obtain a Business Tax license from the City, in addition to the County's license. The City license fee is $149.10. WaterlSewer Rates -The Fair Oaks Hospital is currently served by municipal water and sewer. Properties not located within the City that receive City water and sewer service are assessed an Out-af- City surcharge. Under that scenario, annexation of properties receiving municipal water would see a 25% reduction in water and sewer rates. Thus, the hospital will experience a decrease in water and sewer rates. In conjunction with the amendment to the agreement in 1999, an "Agreement and General Release" was included whereas the City agreed to make certain reimbursements for use of certain water lines, mains and lift stations installed by the developers. The City would pay a total of $224,735.00 to saver the reimbursements set forth in the waterlsewer agreement entered into by the parties in February 1981. The payment was divided into five equal payments of $44,947.00 far a 5 year period commencing March 1, 2001. These payments have been completed and the City financial obligations in this regard have been satisfied. Resulting Impacts to Property Owner: SUMMARY OF IMPACTS ON THE PALM COURT PLAZA FINANCIAL CONSIDERATIONS AD VALOREM TAXES {Change from 2007/2008 County of 16.7961 to City 2007/2008 $ 13,838.90 rate 20.0935 mills 3.3019 . NON AD VALOREM Starmwater Assessment $ 848.34 BUSINESS TAX LICENSE FEES $149.10 ANNUAL FINANCIAL IMPACT: $14,t336.34 • Water and Sewer fees will decrease with annexation, and is based upon consumption. 5 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF FIRE RESPONSE + Faster response time from {estimated time} 3.5 minutes {County} to 1.5 minutes {City} EMS + Faster response time from (estimated time} 3.5 minutes {County} to 1.5 minutes {City} 6.0 minutes {County} to 1.5 minutes (City} POLICE + Better response based upon more officers in field. CODE ENFORCEMENT +Pro-active vs. reactive opportunity to work with property owners Fiscal Impacts to the City: At the 2008/2009 City operating millage rate of 6.1449 mills and debt rate of 0.4334 mills, the property will generate approximately $27,570.96 in new Ad Valorem taxes per year. Additions! revenues will be realized through increased assessment value, the annual collection of the stormwater assessment fee, business tax fees, as well as utility taxes {9.5% electric, 7% telephone, 8.7°!° gas) and franchise fees on electric, telephone, gas, and cable. REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5{C)(4}, the City Commission must make findings that the annexation is consistent with Objective B-3 of the Future Land Use Element, and complies with F.S. 171. As stated above, the subject property is located within designated annexation Area B. Its annexation is consistent with Objective B-3 of the Future Land Use Element. Also, the annexation complies with Florida Statute Section 171 as it pertains to annexations. The property is contiguous, reasonably compact and does not create an enclave: and, services will be provided to the property in a manner similar to other similar properties within the City. ZONING ANALYSIS REQUIRED FINDINGS 1Chapter 3): Pursuant to Section 3.1.1 {Required Findings}, prior to 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, written materials submitted by the applicant, 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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment and Annexation Analysis" sections of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 {Basis for Determining Consistencyl: The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan ar a principle of good planning practice. The performance standards set faith in the fallowing sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C}] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. 6 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF Section 3.2.2 (Standards far Rezoning Actionsi: Standard A, B, C, and E are not applicable with respect to this rezoning request, The applicable performance standard of Section 3,2.2 is as follows: 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 occurs that sufficient regulations exist to properly mitigate adverse impacts from the new use. Compatibility is not a concern as the property currently contains the Fair Oaks hospital which has existed at this location since 1983. The initial CF {Community Facilities) zoning designation will accommodate the existing hospital as a conditional use. 'there is no development proposal associated with this request. Compatibility of any future development proposals with the adjacent developments will be appropriately addressed with review of a site and development plan request andlor a conditional use request, if necessary. Section 2.4.5[D)f51 tRezonina Findinasl: Pursuant to Section 2.4.5{D}{5}, in addition to the 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 zoning had previously been changed, or was originally established, in error; b, 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 andlor neighborhood. The basis far which the rezoning should be granted relates to Item "b", and Item "c" The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. The annexation requires that an appropriate City zoning designation be applied to the property. The CF zoning designation is of similar intensity as that allowed under the proposed City CF and existing County INST land use designations. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The property development is allowed under the proposed CF zoning districts. With review of the annexation request, a site visit .was conducted and no apparent code violations exist. Any future development will be required to comply with the Land Development Regulations. REVIEW C3Y OTHERS The subject property is not in a geographical area requiring review by the CRA {Community Redevelopment Agency), DDA {Downtown Development Authority} or the HPB {Historic Preservation Board}. Palm Beach County Notice: On February 14, 2448, the Palm Beach County Planning Division was notified of the City's intent to annex this property. The City received a response from the County on March 17, 2(}48 in which the county acknowledged the request was consistency with Chapter 171 F.S. and they had no objection. 7 P&Z Board Staff Report Fair C?aks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC} which distributes the information to adjacent municipalities. To date, no objections have been received. Courtesy Notice: Courtesy notices were sent to the following homeowners associations and civic associations: • Neighborhood Advisory Council Public Notice: Formal public notice has been provided to the property owner and to property owners within a 5t~0' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting, ASSESSMENT AND GC}NCLUSItJN Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan, and Sections 3.1.1 and 3.2.2 of the Land Development Regulations, and the policies of the Comprehensive Plan. The change is to a designation allowing a similar intensity to that which exists, and allowed under the existing County land use designation. Accommodating the annexation of this property and affixing an initial City zoning designation of CF (Community Facilities} is consistent with the City's program for annexation of territory within its Planning and Service Area. The GF zoning designation is consistent with the existing use of the property. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. An increase in taxes and stormwater assessment fees will result. Positive findings can be made with respect to LDR Section 2.4.5(C){4} and 2.4.5(D}(5), which relate to required findings for Annexations and Rezonings. The City will receive additional revenue from property taxes, and stormwater assessment fees, which will result in a net increase to the Gity. In addition, revenues will be received from utility taxes and franchise fees. ,... . ALTERNATE ACTIC}NS'''- A. Continue with direction. B. Move a recommendation of approval to the City Commission for the City initiated Annexation, Future Land Use Map amendment from County INST to City CF {Community Facilities} and initial zoning designation of CF for Fair Claks Hospital, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5{C}{4), 2.4.5{D){5}, 3.1.1, and 3.2.2 of the Land Development Regulations, complies with Florida Statutes Chapter 171. C. Move a recommendation of denial to the City Commission for the City initiated Annexation, Future Land Use Map amendment from County INST to City CF (Community ..Facilities} and initial zoning , designation of CF for Fair C3aks Hospital, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(C)(4}, 2.4.5(D}{5}, 3.1.1, and 3.2.2 of the Land Development Regulations, and does not comply with Florida Statutes Chapter 171. 8 P&Z Board Staff Report Fair Oaks Hospital -Future Land Use Map Amendment & Annexation with Initial Zoning of CF STAFF FtECC3MMNEDATICIN ' Move a recommendation of approval to the Gity Camrnission for the City initiated Annexation, Future Land Use Map amendment from County INST to City CF {Community Facilities} and initial zoning designation of CF for Fair C}aks Hospital, by adapting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 2,4,5{C}{4}, 2.4.5{D}{5}, 3,'I.'1, and 3.2.2 of the Land Development Regulations, complies with Florida Statutes Chapter '17'I . Attachments: Future Land Use Map & Zoning Map 9 (~ 1 ~ "v Ii I~ `~'lJ ~I 1 ~ ~`~ ~~ t ~. ~~ ~ tJ l 1, L.q' rr ~~ ~IFZGI•Y. s -.1 ' VERpES "`~ . } 3 N w ca r~ ~ ~: N Q J L I N T O N B O U L E VAR D CANAL L-36 - Scufn ~rusf I ~-- E~ank i~ ~ PALM ~~ ~ ~ ~ tii~~.(`~ ~ ~ s tJEL'~ AY M~'C?1t;AL COURT ?- _~ L.a, 44~ ~ ~ C~NTiR CONDOS ~~ ~ ~ Q - L~ PLAZA ~ ~ ~ ~ DELRAY ~ ~" ~ MEDICAL ~ `, ~ CENTER ~ -a ~ ¢ i~ r ~ ~ C.~ ~ is ~~ ~_ WAL-MART 0 s ~ ~ _ CtRCLE ~ Q _ I ~ ~ ~ ~~~ I~ l~ i n ~ ~ ~} ,,qq ' ~} ~ JK~~~~t-i~~~ i_ ~~~~~I ~ I ~ - . j F-- . _ i ~ ~ ~~,~CN ~~~''~TY ~ j P~~~ ° . ~„- ,, - { _ _. ~ ~~I I ~ ; >>ECT AREA FAIR C}AK`~' CENTER ~~~.~ ---~--- PROPOSED ANNEXATION CITY tJF' OELRAY BEACN, FL csrY uMiTS FUTURE LAND USE MAP AMENDMENT FROM COUNTY , at.ar,HSric ~ zoNlNC oEpA>;TraErrr ~~;MII#III~ INST/18 TO CITY CF (COMMUNITY FACILITIES) -- acrr~~ s~se r.~Aa srsrE,u -- rRAa I?EE: LMA-226A Gaskins, Lanelda From: Ruby, Susan Sent: Tuesday, June 17, 20t}8 :56 PM To: Dorling, Paul; Valek, Denise; Harden, David Gc: Gaskins, Lanelda; Pyburn, Terrill; Smith, Douglas; 'Michael Weiner; 'vfoutz@zonelaw.com'; bbmontague@aol.com; Fred Fetzer {FBFetzert~bellsouth.net); Gary Eliopoplis (GPE~}a aol.com); rita a~}climatecontrolservices.com; McDuffie, Woodie {Bellsouth) Subject: FW: GflLP005 Attachments: SE~MBT_C55008061701550.pdf Please note that we have received the above letter form Michael Weiner. While l believe the site contained in the letter is incorrect and shot,dd reference 163.3213, please, nevertheless, place the letter in the ordinance file reserving all rights.. Sus~zrt .~1. Ru6~ City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 telephone: 56 ] -243-7091 facsimile: 561-278-4755 email: rubyei.delray-beach.fl,us From: Vanessa Foutz [mailto:] Sent: Tuesday, June 17, 2(}08 2:21 PM Ta: Ruby, Susan Cc: Michael Weiner Subject: CQLP005 Dear Susan: Attached is a letter from Michael Weiner, Esquire Vanessa E, Foutz Legal Assistant Weiner, Aronson & Mankoff, P.A. 6/1712008 10 S,E. 1 st Avenue Delray Beach, Florida 33444 Telephone: 561-265-2666 ext 714 Fax: 561-272-6831 email: vfoutz zonelaw.com NOTICE: This a-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 561-265-2666 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. *** eSafe scanned this email far malicious Content *** *** IMPORTAAIT: Do not open attachments from unrecognized senders *** 6/1712008 WEINER, ARQNSON & MANK©FF, P.A. ATI't)RN EYS AT LAW 10 S.E. 1S' Avenue Delray Beach, FL 33444 Telephone: {561) 265-2666 Telecopier; (561 } 272-6831 E-mail: mweiner~a7zonelaw.com MICHAEL S. WEINER CAROLS J. ARONSON JASt3N S. MANK4FF KERRY d. SAFIER STEPHEN B. GEBELQFF June 17, 20(}8 Mr. Paul Dorling, Director of Planning and Zoning City of Delray Beach 100 N.W. 1 ~t Avenue Delray Beach, Florida 33444 Re: Affected party status Qur File No.: CC}LP045 Dear Paul: Ilia Hand Deliverer ~~~~~~ CITY CLEI~~ We would like to renew the request of our cfient, Mr. Philip Calnon, to be considered an "affected party" or "aggrieved party." Pursuant to Section 163.3184 of the Florida Statutes, any affected person, as defined in Section 163.3184 of the Florida Statutes, among other things, has a right to challenge a proposed agency determination in respect of compliance with the Comprehensive Plan. Mr. Calnon is a person owning property within the boundaries of the affected area. Further, Mr. Calnon has submitted oral and written comments, recommendations, and objections to the local government. We request that at the second reading Mr. Colnan's status be acknowledged. He should be extended all rights and privileges of an aggrieved or affected patty Very trul ours, ': M~h~e emer MSW Cc: Susan Ruby, Esq. (via email) Ms. Chevelle Nubin {via hand delivery) O:1CtJLP0051Letter to Pau] Dorling Re affected party status.doc l~~IE1VIORANDUM TO: Mayor and City Commissioners FROM: Ronald R. Hoggard, Jr., AICP, Principal Planner Mark McDonnell, AICP, Acting Director Planning and Zoning THROUGH: City Manager DATE: April 29, 200$ SUBJECT: AGENDA ITEM -MEETING dF MAY 6 2048 ORDINANCE NO. 1?-48 -TRANSMITTAL dF COMPREHENSIVE PLAN A14IENDMENT 2408- _........ 1 STEM BEF(}RE CQMMISSION Due to additional time needed to complete the amendment, staff recommends continuation of the Transmittal Hearing for Comprehensive Plan Amendment 200$-1 to the meeting of May 20, 200$. ~u.,b ~ ~G- ~~`~erx-~ t,t`~--9 Wynn, Kimberly From: Nubin, Chevelle Sent: Thursday, April 24, 2008 3:~8 PM To: Smith, aouglas Cc: Wynn, Kimberly Subject: FW: Comprehensive Plan Amendment 2008-1 FYi -----original Message----- From: Allen, Jasmin Sent: Thursday, April 24, 2008 9:42 AM To: Ruby, Susan Cc: Maloney, Susan; Dorling, Paul; Hoggard, Ron; Nubin, Chevelle; Gaskins, Lanelda Subject: Comprehensive Plan Amendment 2008-1 Hi Susan, Comp Plan amendment 2008-1 was scheduled for the Transmittal hearing at the City Commission meeting of May 6, 2008. However, the Planning and Zoning Board at its meeting of April 21, 2048, only considered a portion of the proposed amendment. The remaining areas of the amendment will be considered on May 19, 2008. Therefore, consideration by the City Commission will be postponed to May 20, 2008. As this item was previously advertised {bath published and mailed notices} for the May 6, 2008 City Commission meeting, we are requesting that the item be placed on the Agenda with a note stating that it is being postponed to May 20, 2008. Staff will also change the CC meeting date on the posted public notice signs. Please advise if we will need to take any additional steps to notify our residents regarding the meeting date changes. Thanks Jasmin Q M 0 N v 0 5 ~' g t= Z m o 0 m 3 a NOTIGE OF PUBLIG HEARING NOTICE OF COMPREHENSIVE PLAN GRANGE 20081 GiTY OF DELRAY BEACH, FLORIDA The Plaz wlg and 2a~.hg Eoard as L-Yai Plan;s~ Agency c41he Cdy d {k-~ay Bead= and iha Ctlt' Cwamisslon xiawnsder the k'gwirq aMaume. DRD'~NANCE 40.11-0g AtJ ORDINANCE OF THE [RV COIAMIDS~DN OF TNECITY OF DELR?Y BEACH, FVJR'~.D4. A76FTING Cs}k'REHENS:VE P1AN AMENDMENT 2~&t, FURS'JAN` i0 THE PfiOVIS10N5 OF THE VOCAL GCVERM1UENT COMFRENENSIVE P{A'~pJMG AND IAND GPf_LOFMEN7 REGNU.T".CN ACT', FLDR'DA STAiU`ES SECTiGN 163 Ji6'. TNROUfx iES32e3. ;~LUSNE-, All AS MORE PARTIGLNARCYDESCRIfiEC1N5%Nt9lt"A'ENTITLED'COhiFREHENSWE P!AN ANRrO!~.NT499S~1' AND 1NCQRPORATEO HEREIN EY (LfERE4CE: PROVIDiHG A 6AtM1NG CLAD"cF, A GENE~VL REPEALER CtAUSE,NvDAN EFFECtNE DATE ihre pcyosad TEXTAMEiJPMENTEb Ste C<mps24eretve Pen address?u baanMg ectg8;! maYZr: 4h1r Ya[ed T.npmend'n2rls: Uaafa IrdrMucGOn zrd PaRWd ~IZthmaghm:l a91he Flzr»nholNP DanprehensNe ~n as a~raprke b refleclartanieor,-0ilmns; cpdele aQnzps a4 appmpdale to rexde~mm cl~hcsmdalas,updab oil mans aM fables as daN M t.pd le :se G als tlb Dvas and mTCir~ to otl h Daniaiy eon Dn~aap nme mmpiefed wt~sa dL rasa aDamP I rax-cBPogoal dabectlves g6.Bd lro the EAR Duhic to IgDaesees. 'NdMr Che E anems hskd&RaN fia hFevtlng ~anma chxges are;•ayxai Future LaniJ Ekmero :. Jpdata a -s1Mg lantl Ls8 azA popu:a~sdata ndud g supFargrvp n ps end M-;es. 2. UDdale dC ntATbB y F. 'y 7. UDdaNR-0BVBIPryT;. alyss kG(2n10Q M Prlh~ ~ae R(y{a fop rent Plang a, UpdaM desgdpf stir all lantl use r&tganesbrsude nbns:lPoS a^e darsr es. 5. Add new polities+o ahreve an appmpnak m'Ix ai cses, dixtl mscwa¢s ta'udrasl~aswre _mprwemens da'MIMWa, and e~bre xJd.4lawl dpvadar open spauopparWMFes. B.Add pIXkks la alban fhe CAy's Wnllnxd canm~6nold b Yxrkic:a housiq. i. Add pBltus H devet-de49n guitleMaas Ur the FJUr.^ Fatlerd Nfgu~ay area and evaLale IM rac-0fer gu~ik*:x' m the CaOressAvanue Casidora~d Fau• Carrers Area, S. 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The purpcsa at dth haarug 5 toaHOrd Ihefiattning aM:mdng PoarltYBDgodudryforepetue,mthh mmm8rdL00B Dropasetl xrcndmen> Utancomprettary of fn2 R.dJk Healing, tare PImInNg and Zeliag AoaNwill Iahs NB preposod amendman`s urderad>;semem ardwiU forwam a remmmecda'ut b Um Cer;emmisvon TNe Gy CammJsr"r. wgl cnM~xC a FyhGC lzatyg for Uce parosa of acc2pEig puNyC reHimgiyrzgardnr; pee hensmlUal ai torr{-m`renslva Plan Amand~ne"! 267&1 b gle DzpallmeM M CammL~ntly A3alrs as iUE~AY JU4Y_}5~,~Qp¢,gT_S:p-B P.Id. [a' zt arry wnNnuXion of 5'.dr :napfing a15Eh s set h> P: iAmmiSSKK~}, in Bt Ccnmssbn Chmnk'rs of Get tUf., 190 NR7. is; A4em;e. Ceray Bas:+., Fblutz. An additional adJNis~ plNgc haadng'MII bB 5aheduled a!'MA^~ lane Ne G'yComntak:r l Wrm'r7er fiwl :eaCing ardaiopiiB-: cime enxllrg crd;nam:efor Canlpmhens7B flan Amendmam'e998~i. All lnT_sIHJ peAres are iadfed tc BdeRd th hearing s7r vammenl open 6he Pbn AmeNmail w wtBndlhHicmnnmis In wdangb 9tBPiaraangand 2wa:p pepar5ne^t PoAhernbrmalmn~amE y the pro- _'xed amendmsMs zn ba ~ae~ad I2 Poe Plaming atd ZBnirg D¢,almaM, CM, Nak 190 NN iN A nue, FL33486 (amaU Zr pBman'pjrtry0efayb¢BGtu'rn~orby~rmy RO.n NtggarJ, Pdndr-1 Pkrnerz( S6ll2-03~7b19,Getween the MursG'r$,09A.M. aad 6L9 RM, Monday iM,olgh Fdday,aedadklg IlpkdayA Plaase6e ahMsWhatAa person deckles toappeal aydec'¢icn made by be Flanrv+gandZarvne Baabo: City Cc^!,massbn rdth r2sFCd b arg'mBder wnskl2rEtl m mesa heazngs, mwh Demon vC-I rceed areratl al Sn proaeL~gs. and la ha puryosa Bach person . a8 rceN to enraa INdI 8 :e2agm rerxd ai Ne prare?dings h, matle, Mlih rBxti arelades Ule ?:sMlon y antl eryazrnre u W'. wkt: the aRP2a. a ha sad. Tta Cdydoas not praade a zmpare auaA m~rad pur5umn k F. S y6691~. Paanhed:&a PebMk7ay BexT NBws CD's qF DFLRAY REACH i JuN f.2W8 ~ Cfre*re"e D. Nubh± ~ CihG>•ty y'iEIVERAI IOCAti~N ACilOta r~ PARCEL SUEiN ACRES ~+q0#ma!e1p 652I2ereWn iNOM: CC:nIy INS'lte ltn¢lauliunt•. nl Lnt¢n SCUOVartl,6n hs r:Nr an ~rder.pn3 Nbh ReslCeflibi east Mee o!aw LW00 E-3 Cares (F~r OaMa NeN~ae4 10-unh¢Per xrel e.±Ey sa; car aF lcx,rnwly Po ~ ¢7 C ~ ' ~~-e.(~ ~.- O 4 a _5 3 Z U m 2 v m fl S~ a M NOTICE OF PUBLIC HEARING NOTICE OF COMPREHENSIVE PLAN CHANGE 2008.1 CITY OF DELRAY BEACH, FLORIDA I The Wannirg std Zoning Board as Loco PlanningAgenny oftha City CDeiray Bexh antl the Ctly COmmissien ' tell mnsidef'!he tdlowing ordinance: fLR-D?MdNCE N4 47.08 AN OROiNANCE OF THE CITY COMtAi5SI0N OF TFk' CI?'Y OF DELRAY 6F:,CH. FLORIDA. ADOPTING COMPREHENSIVE PLAN AMENDMENT 2pp6.1, PURSUANT TC THE PROF'ISICNS 0: THE 'KCAL GOVERNMENT COM REHENSIYE PUNNING AND LAND CcVELOPMENT REGULATION.,CT', FLORIDA STATUTES SECT~4 13.,.3751 THROUGH "E3. 243 INCLUSIVE: ALL AS MORE PaRT;CUt.ARLY DESCRMED IN :kH air A' ENTITLED "COMPREHENS V PUN AMENDMENT 200& PND INCORPO- RATEDHEREIN BYREFERENCE: PROYib)NGAS;fUMG CLAUSE.AGENERALREPEALER C~'.U5E, ANC AN EFFECTIVE DATE. Thd proposed TEkTAMENDMENTS to pw Cvrrgrehensive Flan address ke klipwirrc2 5ubax1 mailer. ~{y,mr?iatad To#Ame;:rnorNS' Update lnboduUiM d~~.yfpoddafa chroughoul a(tno FfamenG Of Ne Comyehan„w P.an asappropdale to re6eUcurrd';t Wr ,;. update all mapsas appmpda~e to mpetlcunenlcayooindades~update a6maps and tables es eppmpr.:. -. srd, update the Goa!5, OOjcidives antl Po~ieS as reguired to motliip padL4ltyampleled or slaninate aamp'=!edih4kaGvas and to inwrporata appmpdate ahangas to goals antl ohjeafiesg'eaTatd from tho EAR public hea?ng proaess~. Within the Elements hsted bek7w fie to&rNng additional oranges are R-oppsed; c ruin Lam Use Element 1. Uptlafe existing land use and papulalsn data, Indudirg supponing maps and rtes, i. UDdata Yaaan[Wrd analysts. 3. Update Redew'efopmentpnalysis seailon to+et~5 aomP'.~en of all Redevefopmen`: plans. 4. Update descuiptions for rel land use tategafes b Incude InlansltieS and densdias. 5. Add new polkle5lp acNeva an appropriate mix of was, direct maouaas W inlrssWC;ae imprwemanls downtown, and expbre additional drowntown open space capar•urctias. 6 Add policies N ffi5mn Me City3 canlinued commstmant to warkiorce Masirg, 7 Add policies to dersbp desgn g>:pmines for Ina Naih edemi Hghwap mea and eva'ua'.e to Tread for gu:de!!rws in the Congress Aaewa Carndrn and Four Comers Area. 8. Future LeM Use Element •Ame~mam to Ibe Lantl Use Da±gnatwnrZoning MaMx table to add SAQ, 45 and OSR zoning diaKds to be mnsatan: xdpi addtivnal future Lend Uaa aatagedas Tramoanalinn Eiannnl f. Adxi rx v p~Gy is deslgnote Ina rai;road parkarg wt Seth al Earl ApanatAenue as a pvkr=n5al raProad sfon for Mure Passdnger service an the FEC Railroad. £.lJ9~~9J t. Update Afbrdable ttaasirg secF:on ro ra6aal new C&y inpiaFrvvs, 2. ACd new pcOdes 1o aiGmn the City s ccngnued wmmilm€nt to wrnktarce housir~4. P1tilh' Schools Fa~ilitieQ lament i. update alamam la reflad charges reLatad M tin sewnd amexlm:v ro lice Imer'wral Apreamenl, Changeslc(ha FUTUP.E LANDUSE MAP(FtUM),!mrolvirg oTe(i)arEa otiand, vdll arse tie ltansmhted ass pan alAmentlnroN #?DO8-t, LIN TON BGV LE VARp 5xa'.l i >• . ' 3t38JECT ` ~PRCPERTY I 1. _. ~--~~ _.-__~.. .._. r ,.. ~ , ...,;..: s..I. ....,..,. .. i:.:: c m GENEPAt LOCATION ACTrpN RARCEl':.,' ei ACRES D.pyox+rtel¢haaa rdpl60uM nR4Nf: n0iNl.-M ir!$Tt±91'nful ii0nar. 01 i!nton aoukcflrd,00IM! alln do uMA?5'M Hian Rdfiden'r11 eeal ssiecr Sd LWQ(}&a (i'dM5' 16uNls Yerwej $car TO: GHy CF (Comma ay px~FUnl lba Plannf;g and2aning 8pard will consider making a=~egr?menda`-,ion to the Cit7 Conuni5airkT r~ar&ng ifle ptopASart aroandmenG ;a rho CdnlpreharGive plan on Mt3N0AY APRIL ?? 2p08 AT 6•pp PM. tot at arv crnumaatdoa a'suah meefirg vNiuh s svt by S'w P~annm9 and Zoning f?aaN} sr: ttaa C-0mmRSioa Cnamhers at Cpy HaR, 3p0 NW isl Avenue, OebayBaaah, FFadCa. 7M purpose of lh4s rceaz=~ is to atimA the Plannhg aTd Zaring lkatd the opprxivnih to rescdro pup&d Comment on the proposed amtmdm^-r'4. Upon cvmple!bn of the Pabfic HeMing. [ha Pfanning antl ZorrMg Raasd will take the proposed amendments vr~ w.'ssmam antl wilt forward a fagrnrrwndatlon to Ina City Camnissivn. The Chy Ccmmisskn will mMnci a Public Hearing tar the pwpcx n4 edeeppltg Pubic tesEinrur! f r~ardim} the Iransmiltai ai Canprelmnsiae Plan Amendmenl?006-i A t`n Depatmert al CommwTityAfFairs an,T~l ,~,QAy, MAY 6 ~AA& AT)rop P.M. {or at any wm;nuatlon of smx maotmg wMan is sal by iho Camnusslan}, N the Commisalnn Chmnbars at City Hal:, 1p3 N.Vl. t5f Avenue. De1ra} Beam, Florida. An adtlitionai adfrortised public haadng will be ecnedaled ai whkh lima Ina City Commissbn vnii rosioer final raadng aM adoption of Iha anadirg ardinanca for Camprehansive FfanAmendment?OftB-i. Ail Interested parties an: invited to anand Iha paClia Iceanngs and gmmenl upxl Ue PtanAmendment a; suMni: tnok camn;ems in wdtlrgio Iha Plann'mg ~d %o*urc Department Fudper intcm~ion consernin9lhe proposetl amendmens Wn oe nblainetl from toe Pialning arrd Zoning Department, Gay tie'. ip6 NPt rA.Avenue, FE 33444 (wmail at pxm~l~amydalraybeach.com; rn bi calling Ran NoggaN, ?rh .ipal P ~rter a<5riii243.7046, between Iha hdw:s of 9~7 AM. and 3Ap P.M, Monday thmgh fdtlay, axdud'mg ho5daps. Plarwd be advtsad t%i tl a pe=sron decides tc appeal any deIXSlan made by the Planainp ~d 2eNng Beard or City Commiaaiart wtlh teepac!'0 any mailer conslde[ed ahhase hearirg4, such pemvr, w61 need a rcoN of ke proceedings, antl for this purpose wch oelsanmaynead:pen~ure d:at a verhapm rocoN ofIha prxce@ngs 3 made, which ravord InGUdas the iesti Ony and ovidence upon wbi:l: the ~peai is based, The City tloes not pmvida ar prepare rich record pwsuantW F', S- 283.Otg6. Pub shed: Roca RalonlDehay Beh:h Naves CITY OF DELRAY BEACH Apra 16. ?Cp8 Chevelle D. Nubfn Cfi/ Clark ~- ~~ - a~ C~~~c~ ; ~~w) °G~e. Caa~f-~ `~ a~ (~J.u,Z t,~1,~. U1.c.~z- ~~-~.c-~ ~~1L~1'l..hc'Y1G~ ~f' ~t~ 1`'cy. %~~'~'~' E 0 m N ~a' 2 v e B 0 m Iy NOTICE OF PUBLIC HEARING. NOTICE OF COMPREHENSIVE PLAN CHANGE 20Q8.1 CITY OF DELRAY BEACH, FLORIDA The Planning ono Zoning Bard as Lwai Poannrq Agency al'fhe City ai. DeaaY Beach and the CNy CommissWn wiC canalder lira loawlag om{pa~pe: - ORDINANCE ND. 17.08 AN CRbINANCE OF TH"c CITY COMMISSION OF THE CITY 4F OELP.AY BEACH, FiDRICA ADOPTING COMPREHENSNE. Pt,AN AMEF#3MfNT~2D0A-1, PURSUANT TO THE PROVISIONS OF ?HE'9:~A4. GDtir:RNMENT .C{NAPRENENSDlE PIANNING AND tAN6 DEVELCPMEA1i fiEGULATIDIJ ACT", FLORIDA StATUTES SECTION .533151 THROUGH 1633243, WCLUSIVE; ALL AS tAORE PAR'•CU- LARLI' DESCRIBED tN E%HIBIT'.A' ENTITLED'COMPRE1iENSNE PJN AMENDMENT 2006.1' AND WCORPORATE9 HEREIN Bt' REFERENCE; PR041DING A aAVING GJ:USE, A GENERAL REPEALER CtAUSE:ANGAN EFFECTI`ff `vATE. ~ , The pmpwpd TExTAMENUb~NTS:blha Camprehan4ive Plan eddross Iha followk~g subjd-^ metes: ~J•YJg7j edpE Te#Amsndmenls' UpdaM lntrotluCiip•.r anti suPPOd dateillmlghouta7l thy Nmnens of the Gomprehrmslva Planes apprWtiate :o re0ed carte%mntli0ons; aDdme ell maps ~ epprWnakro rafted cunsM slty baandadan; uDdateall maps eM lames as appropriate; eptl, up'~ate kre Goals,, ObJa tl.es and Pofdas as required to mality pY;a'ly mmpktad or e!minale aompkiad Inpladxx and to irw.arprnme appropriate onarges to goals aed abjac:ivas gkameE Gam the EAR Wbllu hearing prD:asses, ' YJig;in Ck Eiemenrs iisled fakw the fal:pmng add'dimai Ch'6rgex are Gropmed: Fut+:re LSed Use EMmam '. Updaly exisOng taaE use enq paWlalbn aara, kekdirg suppCNng maps and Iahles, 2. Update vacem lend areiytls, 3. Update Radavelop:neni An~ysis section b m0act cornp~«san NSI fteda+elopmen Pkns. 0. Update dasuipEars Fa etl leetl use'Caiegadas to ledada [mensieas aM densities. 5. Add nex Wlkka b addeve an aWropriate miy of uses. direct ~urces ro in`rasWrlare inproaemems dawlowsy and sypkre addiiionat dowmcwn Wan span oppor•,unkles. @.Add PaBdes to afrRn the C8y'swnOnaed mmmlCment to wmRbrca housing. t, Add pdicks !a dyvalop tlealgn guke6nes fw ;he NaN Fadarai Highway area and evatuale the need fog guldeMrss In `'1e Cmgrees Avenue Comdx end Four Comers Area. 3, Afientlmant to IM Land Use DesgnatioNZoNrg Manx ufla toaddSAD, OS ad Oft zadmg dl5v'ICts to Oe;mnskten! vA:i adtlfknal Future tznd Use categanes. ggj,5gortanon EGmMd 1;add nee polcy to EesgnaM is 216oad puking !dL naM of East A11anOC Avanee as a pNenea• reilr~ ~ • -, s'nP to tufae Desunge* service art ma FEC Reamed. ' u~us'roc Element 1. UpdafeAlfdtiabla Hotskg sec'iDn to reFact new Chy Nidaavas. 2. Add rewpdides to a'firtn 8re Ci4y s conhrrved commitmmf to •an:kiorcc nousirg. P~Iie Sc^aMs FaC@tlea Element 1. Update meraN to refleU Changes re'6`.ed to Eha;smnd amentlmanf tathe•iptefrocel Agreement. Changes to rho FUTURE LAND USE tAAP,FIUM), involving anti ij z;ea of laid, wilia•sa be IrenemA(e0 ae a pad c'AmevdmemM 2PQB-'. LINTON BOULSYAR.D- a ^~ ._ StJ@JECT PROPERTY IT 3>_. T ~_ I ~ ~.. - ~ F- I i , r- ~A ~ -- i-_ The Planning aadTaning BaeM win cc~ider making a remmmo-~dalkr,to hs Gry Cammksion regardiry rive Proposed amendmaTls tC tyre Compmhartslva Plan on MG AY AU[{g, 18 2pp5,,g7', e:gg PM. (or al arty CPnsr~uatloa of such nceeurg wNch k set by 4te Pknning entl Zaning 5nardj in the Cammksion Chambers at City Hall, 100 NW 1st Avenue, bNrey Basch, Fonda. iha change w!he FLne Larb Use Map kwolving fie FNr Oaks Hospflal was previously mnsiper~ aY Na Plannbg and 2Dning Board. fie purpose of this hawing iS to eFard the PIM1ns~ and ZonLng EoaN IhsWGOdunity fa race;vepublicmmrtcent miha prWased amendmems. Upee Dpmpktmn of ma PuCJie Head~g, the Planning and Zcring Eoartl wgt Bdm um proposes zmelNmems urger advisement and will tonvanl a reaommsndalron W rAe City CammlSS.bn. 7Ae City Cammisslan vAll mn~ICi a Publip Hsadng Ie ma WrWse ay accepting Gu51k testimony tigarding the frensmtai of Congreemka Pkn kmelMmant 2068.1 to the DepaEnrent et Community Aftgjrs an TUESDAY JUNF, 1T 2~8 AT 7.06 P_N (or ~ anY inntln~ilOn of Such maeUmg wn tl; s Set hY lRa CommSsien), in 4k Commission Chamfers at CItyHalt t00 N:vY. tat Avenue, Oal2y Be~h, FkiiEa. A,i atldiacnal adretisatl publk heanlg vdl! Ea SanedakM al wiUCh =.Ima the City Gmnm+sslgn wiP yynsfder final reatl'r2i entl atlopgon of the enaclstg ordinanxa la Comprehensive PlanAmandmant 2406-1. MI inkrestad yanks ere invited m mianE the pub'K headag aM mmmani upon :ha Pkn Amendment or submllmeh mmmeMS m wining to the Plannng aw 2aning DWadmeM. Further Inftumatlpn cantamhg the proposed amenar,Bnts tan Ere plkainyd from Ina Planning and 20 ang Depedmant Clty Hall 700 NW ixt Avenue, FL 37444 {e•mNI al pzma8~mytlaha{baarh.mml ar by caGing Ron NoggaM, PdnCpal Planner n 561tt4}1440, hetxaen the haws of B:W AAL and 5:00 P.M„Monday through F141ay, excluding hditlays. Pkaea he advised that tta person decides to bppeai any deris!on made bythe PUnnirg antlZOning 8card ~ Gdy C~ ndaY:on wahyespecf loony matte: oansldared at these he9ri11Q5, such person wgl neeCarecpld of iha prareatlirgs, and far 7u WrPasa such poison may need ro ensure IFaf a vatfafim regrd of the Pmwedmgs k made, white record Includes the lestknony atM aMdenca uponyRdeh ma appeal ®beseC. The City does rwl Crovide arpmpare such. record WmEaM fp F $. 286A105. PuMishad'. Borg RefonR~rry Batch Nees C'TY OF DfLRAY BEACH June 5, 20~~ CnevNk D. Nubin Gry Gark GENERAL LGCP.TIGN ACTIOPI PARCEL 512E IN ACRES AppvrimamtY 85a'oFl nauln FRRM'. Cw•nry INSTfY84racMrabrrel, d I.Inlpn EOUlnvarrl m the HN ar tmadlY*p NIaF Raninemui rt stleNNe tN'DD E-a e ¢,uI (F~Ir Ryas Hon(X'W17 !QUNN pb ectei SeyT TR: Ghy CF {Rmnmun~ry Fx4Wilesl (~ ~ `, ~.cu~-~~d r~ NOTICE ~OF PUBLIC HEARING -NOTICE OF COMPREHENSIVE PLAN CHANGE Z00$-1 CITY OF DELRAY BEACH, FLORIDA The Plarming and 7~mg Board as Local Planning Agerxy o11he Gpy of ~IrayBeach ani ure City Cxim'sslan vrd aaraMarlhe h4lorrktgordinatx~e: W 0 6 O ¢q v _K 31 z a m w ro 0 .O M AN CPop:NANCE GF THE CITY COMMISSIDN 4F THE CITY OF QELRAY BEACH, FLCN{fDA, AQtN+T64G COMPREHENSYE PLAN AMENOFAENT 2W6.1, PURS'v`ANT T4 THE i920Wt510N5 GF THE 'LC7CAL GDVERNMENT C~iPREHENSIVE PLANNINGANQ LANQ DE4'ELGPMENT REGULATIQN ACT", FLORIQA STATUTES SECTICkI '63.31$1 THROUGH 183.3213;. INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED iN EXNt81T`A' ENTITLEp'CDMPRENENSIYE PiAHAMENDMENT 280&7`ANQ INCCRpP RATED HEREIN BY REFERENCE; PRDYIDWGASAViNG ClAUSE,AGENERAL REPEALER CtAUSE,AND AN EPFECTIYE QATE. TAe proposed TEXT AMENDMENTS tome Co~reherolvo Plan address me fiAowirq 6ubpIL1 master. Update alrodue~k n and supped datathmughaul ar7 me FJemea`s otthc CampetknaNe Plan asappmptiata 6a ro`~w-rr~tcoMmans;epdate~mapsasappmMh lo,+r~--rumeptcaybawdA~s;updateaAmapsand Gu ~s as ~cm;.c ;mod, dpda[e'.Die Gdak, OajadNas alt Pa i9a as mAUirddta mo~ypmliaAy sanHatett m ~u~G k alto 4Kaparataappropr a#^`angcru rde end r-ed'nas~iearcedhrph Home Elea>ards listed heluu the fil~ov4rrg addd'm'nal dtd'rye5 arc pmWSC.].~ ,. ... . Putum uMmxe _ land use and population da4i, Including auppodlnA maps and tahlas, art armtysW. dpmerdAnalyss section ro nHbd gNnpktioR of all RotlevelcpnarrtPoaro. on9~ail larro useaat~ndes to lndudo mtonsi;res ale tlens8ies. s to aJkeva an apPPOPda1a mx at U9d9, dreat resoums to ~hasguacdra iipYOYatfYn44 7. Add paNCies ro tlareap dasgn guidei®res ~ itm Nodh Feral h~way area and ar~aatt Pie naod br guafaimestn the CangreaaAVenua COrddara~FOUr Gainers Area. &. FUIUm land Use Ebmerh-Amdsranavd m the Land Usa.RaaMnaCmn2a~g Mama tarts la add SAD, DS art OSRxanirg ~§I4i9WEecwsktentvim a~iYtlnN Fdure land USO Caingades, - ~.gnlLElempll ... . , - 1.'Add rrewpolkY)o tlesynate me railmad parNnglot, oath of EestABanpcAvenue as a pdentialrailroad slap thrnnumpa9sangeraenriceonmeFEGRallroad.- , t. Upda'eAltadabla Housilg sedan W relfeal reeve Citymifialnms. 2. ~ now poleHs to aBam the City's ~ndntRd wmmilment b waddace ha19ing. (h~5ehoats Ftttiatlas E~:narn, - . . 1. Updeb elemem to mRect,drmlges rolamtl in me~semnd amendmentta the InierAgreemam. Charglas td ma FUTURE TANG USE FAAP (FLUM1• invdnng me fik area W land, will also Getramm~i!(ed as a part olAmendmemfZ006-1. ~~~~ IIN TON- ~ TA~ ~^BOV LEVARD ff ~....J,...~ ga. I- . tir` ... .. T-- ----'_'-. - r . .,:.. _._....._.i..._ sua3ecT I IPRpPERTY ~! - s ----' ~ ., { __~w '~ + -- QENERAL LOCATION ACxWX PARC0.9uE dACRE9 Aaa+ad'+~Yaea`aet ~n PROM. Wuray INSTNa(bsiilulimwt, ~tinNn ao,:re„mam the wLh ml wdaiyhe Wgfi ReeiQeHal nN NdeMtne LWOD&9 Cnnnl 4avaltr Pa"we} - 9.4e1 Tb. C::l GF (fnmm TyFac~sl ~ The Pienrtng and Zanirg Board w0 co~ider ma5i;g a racpmrrrontl~lon is mo GHy Commissia+ragaxd'mg Lie proposed amerelmenffi to Lne Canpretsnsrva Plan an MONDAY APRtL 1d 1d48 AT 8.04 P1L (oral any tondnueh'or, of such meeWg which ie set hyme Planting and <'oning eaamk in the Commgsion Chambers at Cfty Mall, log NW 1st Avenue, palmy Beach, F~Ida. The purpose of mb hearing Is to aAom me Plaanirlg and Zanhlg Boam me appodunlty to receive goals tVlnment on me propnsetl amerpmenrs. UponcampktmnM 4ha PuMk Heading, Iha Planpmg art Zoning Baam+s~ la9a the proweed amondmtrts under advisement and wdl torved a remmmervhdan b me Cdg Canmisalon. The City Cammisaton wip conduct a Putiia Hearing forffie purpose o.`aeapldvg pubtic iastimrory regarding Ata Irensmi6al W Camprd+an$ae P1anArtMndment 7.64E-1 to U5 Qaparrr~tatCommunttyAANrs a, Tl~§DAY. MAY 6.3ga8 At T~ P.M. (er at any c~+dnua5m of xudr maatrg vmkh is sal by the Canmissiank, in ttw Como®a!on Charr:bara M Chy Hag. 104 N.W 1st Avenue, pakay Baaah. Fonda. As addaianal adverpsad public heading wig bo s:Aaduled alwhkkhiima me City fbmrdssion :tiD rAnakler 5nal reading and adopt'~ar, M rile enacting osdnanw PorComplehensNa PlanAmendmem 2{q&1. AI IroerasHd paRwaareuwwitad to Mend thapah4ic hearings sad aommeak upm the Pl~AmeMmenlorsalxpA ChNrcalnmemainwrlllmg to me Plann¢q arW Zoning pepalmem, FuRher mtntmdron totkeming me proposed ementlments wn tin ohtairad hom the Planning arm Zenmg QepadmarA C4Y Hali 100 NW 1st Avenue, FL 33444 je•mall at pzmail~m,ydehaybeaah.com) or by canosg Ron tiopgard. Pfinaipal Pknnar al 6611243.7tM4, hetwean the hours o16:WAAI. and 5:00 P,M., Monday mrough Friday, exdu6lg ho§tleys. Phase be adNSOd mat Na person d~ldes to eppeaf any dedsbn inede al Iha Planning and I.otirg Baam a City Cmnmiasbn P4m rasped to any matteraanstdaredat mesa hear6~s, Bch persai will nand a roam dmo ptOtdfdutps, ~ hr IhNpurpose such person may need taeh9ureihat a verba!im raromcf me Prreadngs H made, whMh read aeAufea dX: tastiTwny sad erdence _uFVn tdri~ Ew_ a~~ a based, The Ci;y des rrot pra+Ma ar praparo suds eoswd pursuaMto F: $.286,4145.. Pubdal:Mt: Baca Ratat+Datray 8eachNews ~ CITY GF DEfAAY BFACN Apr6 d4, 2tA6 ~ ~ Chevnlle D. NuNn City Cork