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Ord 24-98ORDINANCE NO. 24-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 98-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 98-1" 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, 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 98-1"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on June 15, 1998, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 98-1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 98-1 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 98-1 was held by the City Commission on July 7, 1998, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, a report of Objections, Recommendations and Comments (ORC) has been received from the State Department of Community Affairs and said report has been reviewed by the Planning and Zoning Board, as Local Planning Agency; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 98-1 was held on October 20, 1998, 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 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 2. 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 98-1", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 98-1" Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment to be 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 20th day of City C~erk First Reading July 7, 1998 Second Reading October 20, 1998 - 2 - Ord. No. 24-98 TABLE OF CONTENTS CITY OF DELRAY BEACH Page 2 2 4 ' 7_ FUTURE LAND USE ELEMENT AMENDMENTS TO THE FUTURE LAND USE MAP Seacrest/Del Ida Neighborhood Citation Club/Hammock Reserve HOUSING ELEMENT Policy A-5.5 (Neighbo.rhood Plans) CONSERVATION ELEMENT Needs and Recommendations Policy B-1.2 (Hurricane Pines) SUPPORT DOCUMENTS Appendix 1 2 3 4 Seacrest/Del ida Neighborhood Plan Seacrest/Del Ida FLUM Amendments Citation Club/Hammock Reserve FLUM Amendments Hurricane Pines CITY OF DELRAY BEACH FUTURE LAND ,USE ELEMENT.~ AMENDMENTS TO THE FUTURE LAND USE MAP Amendments on 35 parcels of land (totaling 9.05 acres) from Medium Density Residential (5-12 alu/ac) to Low Density Residential (0-5 du/ac). Amendments on 7 parcels of land (totaling 3.23 acres) from Transitional to Low Density Residential. All of these amendments are in conjunction with the Seacrest/Lake Ida Neighborhood Plan.. See Support Documents #1 (SeacrestJDel Ida Neighborhood Plan) and 2 (Seacrest/Del Ida FLUM Amendments) for a complete discussion of this item. -'- - Corrective amendments on 2 parcels of )and totaling 0.72 acres. One parcel will be amended from Transitional to Low Density Residential; the other parcel will be amended from Low Density Residential to Transitional. Both amendments are related to the final road alignment in the Citation Club and Hammock Reserve developments, and will clean up the designations within the individual developments. See Support Document #3 (Citation Club/Hammock Reserve FLUM Amendments~ for a complete discussion of this item. HOUSING ELEMENT 1) Location: Pg. HO-30, Policy A-5.5 (Neighborhood Plans) Policy A-5.5 These areas shall be provided assistance through the development of a "neighborhood plan" which is directed toward the arresting of deterioration through physical improvements such as street lighting, street trees, landscaping, street repair, drainage improvements, sidewalks, parks and parking areas, installation or upgrading of water and sewer facilities, all of which may be provided through funding and/or assessment districts. The plans shall also address the appropriateness of existing land use and zoning classifications, traffic circulation patterns, abatement of inappropriate uses, and targeting of code enforcement programs. The plans shall be prepared by the Planning and Zoning Department, with assistance from the Community Improvement Department, and the Community Redevelopment Agency if located within the CRA district. At least one neighborhood plan shall be prepared each fiscal year. The priority for these plans is as follows: Page 2 Q SeacrestJDel Ida I~ Allen/Eastview/Lake Avenues (to be addressed in the N. Federal Plan) Q Osceola Park Q Delray Shores Change: REVISION Policy A-5.5 These areas shall be provided assistance through the development of a "neighborhood plan" which is directed toward the arresting of deterioration through physical improvements such as street lighting, street trees, landscaping, street repair, drainage improvements, sidewalks, parks and parking areas, installation or upgrading of water and sewer facilities, all of which may be provided through funding and/or assessment districts. The plans shall also address the appropriateness of existing land use and zoning classifications, traffic circulation patterns, abatement of inappropriate uses, and targeting of code enforcement programs. The plans shall be prepared by the Planning and Zoning Department, with assistance from the Community Improvement Department, ~and the Community Redeve. lopment Agency if located within the CRA district. At least one 'neighborhood plan shall be prepared each fiscal year. The priority for these plans is as follows~.: r3 Allen/Eastview/Lake Avenues (to be addressed in the N. Federal Plan) -- [3 Osceola Park Q Delray Shores Comment: The SeacrestJDel Ida Neighbo'rhood Plan, called for in this policy, has been completed and adopted. See Support Document #1 (Seacrest/Del ida Neighborhood Plan) for a summary of the adopted work. Page 3 CONSERVATION ELEMENT 1) Location: Pg. CO-8, Needs and Recommendations NEEDS AND RECOMMENDATiONS Summarizing from the above, the foli(Jwing needs and recommendations are identified in the Conservation Element: · Continuation of the beach erosion control program. Promotion of water quality and weed control improvements in Lake Ida and associated drainage canals. · Continued pursuit of water conservation programs. · Promotion of water conservation through public education. · Development and/or implementation of programs for the preservation of Delray Oaks, the Donnelley Tract, and FIND parcels 645 and 650. · Establishment of an interpretive trail at the Leon Weekes Environmental Preserve. · Development of a program to preserve a portion of the Hurricane Pines parcel or mitigate its development through a form of mitigation banking. -. Change: REVISION NEEDS AND RECOMMENDATiON$ Summarizing from the above, the following needs and recommendations are identified in the Conservation Element: · Continuation of the beach erosion control program. · Promotion of water quality and weed control improvements in Lake ida and associated drainage canals. · Continued pursuit of water conservation programs. · Promotion of water conservation through public education. Page 4 · Development and/or implementation of programs for the preservation of Delray Oaks, the Donnelley Tract, and FIND parcels 645 and 650. · Establishment of an interpretive trail at the Leon Weekes Environmental Preserve. Comment: completed. this item. The program addressing the future of Hurricane Pines has been See Support Document ~ (Hurricane Pines) for a complete discussion of ~ The City shall develop a program, in FY 97/98, to preserve the Hurricane Pines parcel along S.E. 10th Street to the extent feasible through sensitive site planning, or mitigate its development through a form of mitigation banking. Change: REVISION ,°;'-"-",, ,.... ,, parcel _,_, ,='~""" ...._. ~: ,n+~,, ...,, ~+,-....+_., ..... +k.~ +~'e.,, _....., ,.'-"+-'"+ '~"'"";~'~'..._..,w,.. +~-., ,, ..... __=,,~' ...,,~,.,...;+; .... ~,._;+"' ,.J....,.;..., ....,.,;+;.,.~+~ ;+... a .... ~ ..... + +~'""uG~' "~"""" "* ,'"';+;""+;'"",,.-,u-.,-,-,. ~"~"~';""-* Any development proposal fer the Hwrricane Pines site along $.E. 'lOth Street shall be accompanicd by a $,~mplete, independent assessment of the environmentally sensitive portions of the site. The assessment shall define the exact area of environmentally sensitive flora, and address the potential for preservation of the area. If it is determined by the City. that preservation is not feasible, a condition of the development order will be for the developer to enter into a mitigation agreement with the Ci~ whereby the developer will donate land with a similar habitat to be preserved, or funds to be used for the purchase of similar habitat within the City_ or the management of exi,sting conservation lands. The amount of the donation will be,based on the appraised value of Hurricane Pines, and will eaual the value of the environmentally sensitive area which will be lost through development. Comment: completed. this item. The program addressing the future of Hurricane Pines has been See Support Document ~4 (Hurricane Pines) for a complete discussion of S:~actv'~comp\98-1 Page 5 SUPPORT DOCUMENT # 1 COMPREHENSIVE PLAN AMENDMENT 98-1 SEACREST/DEL IDA NEIGHBORHOOD PLAN (EXECUTIVE SUMMARY) Eeacres¢ / Del-Ida Park Neighborhood Plan Aclopcecl b~ the Ci¢9 Cornmicsion March g, I995 Ci¢~j crf IPe!raW Beach IPelraW Beach Com_~.~unifxj Recleve!opmen~ Agencw EXECUTIVE SUMMARY PURPOSE OF THE PLAN ~--ne "Residential .Neighborhood Catego.-'-aHon Map," contained in the Housing Eiement o£ the Comprehev$ive Plan, delineates neighborhoods throughout the Ci,'-v according to the prevailing condihon o£ private property. 'Fne maL'~ objecffve :.-~, categvriza~don is to iden~% tine level of need each neighborhood, which in turn -,-ill determine the s=ate~es to be taken in meeting that need. The 5e_acrest/Del-Ida Park Neighborhood is currently categorized ~s ioEo'*'s: Revitalization - Evid.~,~ce o£ decline i7: condition qf s?aen~res and uar~; in,ease in ~mc: pr~ay values sta~:ant or ~:iinmg. .q-ne Comprehensive Plan calls for areas with this categorization to have a ~eater priorig' in terms o£ targeting oi code enforcement and la'*' en/orcemem. operations; and to have a =m'eater prio~ty in the sche~iuiing o£ capital improvements (iru-?asn-uctnre) which '*ill assist in arr~ting ~is~al sig'v~ of dele. flotation. It also calls for the creation of a Neighborhood Plan. :'-ne overall purpose of tkis Neighborhood Plan is to capi.~liTe on the sttengtahs of the area a.nd provide methods to deal with the weaknesses..q-ne Plan vrovides the ~amework ~or the rex-i~ation of the "$ea~rest/DeI-Zda ~ark Neighborhood," bordered by '2~e F.E.C. Railroad or, the east; S~intor, Avenue on the west; .NE 4u~ Street on the sou~ and the d~' limits to tiqe no~h. The vian is orsanized into three sections, the '.n=oou¢~aon , r.x:stm§ Condi~ons" and "Plan izno]emantation". .,--ne "b,troduct/o,:" Wes a brief back~o,.md and kisrom' of the a--ea. It a!s~o deszr, ibe.c the vu,'-vose of the ?lan and Wes a bri~d summa.-*' of the piarmmg vrozess tlaa.', heived shaped the content: of the Plan. The "F_zistmg Conditions" section describes the · neiahborhood in terw~ ol ~e ~ ~' - ~ ,a~ro.s that ~ffect ~e ~' of ~e m ~e area. It con~L-m a descri=to~ of ~e e~g i~d uses, zo~g. ~d 9u~e L~d Use ,~,~, desi~a~ov3 ~at apply. ~malvses o! deveiopment pa~e~, oc~D~' s~r~. prope~' v~ues. L~as~c~re. code e~orcemen/ :a~ and ~ vrobiem~ ate a~c, inzluded. The "Plan Implcme~aation" sec,ion outlines the s=ate~' for the revitaliza~on of the ~eighborhood, including the actions that the City will take to/ac-.'Iitate it. EXISTING CONDITIONS Development P ?,,~ern 'i-ne neighborhood area contains a mix of residen~al, commercial, office, and communiw £acilita' land uses. ~ne area also contains man}' undeveloped parcels. 1-ne p,'/ncipal land uses are detached singl~ami]y residences and duplexes. Six hundred eightee_n single- family parcels take up 64.19% of the land area and 10S duplex parcels take up 9.55%. Other major land uses in the area include 45 undeveloped parcels (8.25%) and 1 public school (Plumosa Elementary School} with 4.5%, There are severg residen~nl subdivisions within the neighborhood area. containing a mix of sing]e-family, duplex and mulE-family structures. Overall, the neighborhood contains 6a2 single-family residential units, 21 aparb:nents/o~uest houses associated with single family, 240 duplex units and 94 mul~-£amflv units for ~ total of 997 residenff~xl units. WiSrdn some pa,-ts of the neighborhood, there is mn inappropriate mix of small-parcel duplex and multiple family developmen~ ~th single family residences. A ma}or concern o:' neighborhood residents is the coniinuation and potential expansion of this development pattern. Over 75 % of the residential units in the areas where this deveiopment pattern occars are rentals. Urdo~areiy, the combination of apathetic landlords and unmotivated tenants has resulted in many deteriorating duvlex and multi-family properties. Lack oi building maintenance (painting, '*indow and door repair, etc.), madeauare and overgro~vn landscaping, crowding and over?ar'king are the major problems. Combined, these ~roblems have a blightin~ mz~uence on adiacent single iamilv homes. .as a result many of these homes have al%o converted to rental-the problems escalate and the blight spreads. Back-out parking onto adjacent roadways ~ the 9'pica! parking arrangement /or duplex develovment ~,iCuir, ~e neighborhood-, ~ mes: cases, ~e n~ber of s~aces are ma>:~ed ~'i~n 5ne en~e roadway frontage covered m ~phak ~'i~out ~e beneS: of ]andszaved $.Z.~.CR~..cT, O.ZL-IDA PARK .'¢EIGHBORHOOD P'._~ N £X.r. CL~7, ]~T :rUM ~;.tl:~. breaks be~veen spaces. This degrades ~e appearance of ~e area, affects drainage and encourages speeding. Of ~e 108 duplex parceg within the neighborhood, 93 (86°,0) are non-conforming. Two parcels are located in the R-fAA dis=ict, which does not permit duplexes. Of ~e remaining parcels, 65 (61%) are non-conforming ~dth respect to lot size (i.e. less than 8,000 sq. fi:), 4 parceb (4%) do not meet mmimum lot width rew,_irements (i.e. less than 60 ft. wide) and 2 parce~ (21%) are non-co~o,~-'cung with respect te urfit s~e (i.e. less than %000 sq. ft.) All mult~-famih' development ,~-ithin the neighborhood was found to be non-conforming with respect to density. Within the RL zone (*6 du/acre), three multi- family buildings have densities bet-ween 19 and 27 alu/acre. Within the PaM zone (6-12 alu/acre), 2 multi- fan'dh' building has a density of 20 du/acre and four oth~_-s have a density of 40 du/acre. Two mul~-famiiv buildings within the neighborhood are located in a zoning districts which does not permit the ,use. Both of these buildings are located in the D~-ida Park subddvision,-~-ithin the RO-Residential/Of'f-ice zoning dis ~-ict Hi~taric $tvucJ~res 7'here are 105 buildings in the neig'nbo£nood over 50 years old. Geo~aphically, 45 (42.9%,) are located within the Del-Ida Park Historic District The r-_,m ~aming 60 bufldmgs are located outside the historic dis~'a-i~ without protec~ve regxflations in place to vreserve their historic vaJue. Of these 60 buildings, 55 (52.4 %) are located ~dthir, ~e D~3.! Park subciivision. Code Enforcement The location of each property ~thin the neighborhood was examined with respect to the numbea- of indde, ut caI~ generamd. General2y, the number of incident calls was consist-_ut in areas of the neighborhood primarily single-family residential development whereas, the number ~ ' "'o ' o~ m~xcl_n, calls was si~cantiy higher in areas where duple× and mu]ti-faznih' development is prevalent Adjacent Nuisances .7-ne neighborhood'is adjacent to a number o:' properties and ~'ansvo~,a~on facilities ~nat a~ffe~ the stabiiin,' of the neighborhood. Directly to the east of the neighborhood is an exisling commercial corridor ~'~ 'uses including automohve sales and repair, res:aurants and say cam.mercia! development :'-ne develovment &on~ or, Federal Highway, which the rear o{ bufidm-~ and sen'ice areas facin~ Dixie .-ngn~a} and the neighbo:hoc, d .;n,zsc area: are v~Suallv unat~aczve, and generate noise wi[bin thc. neighborhood. Traffic Issues Traffic problems within the neighborhood include speeding on .NE 2nd and Swinton Avenues as well as or, local resicienr;al sh'eeS, lack of observance at stop sig-~.~, and non-residenhal ~rough ~affic to Pedera] Highway on ~'5 ~u,~: S~eet, ~ ~4'. 5Ueet and ' '- S~L Co~iderahon ~ust be Wen to el~na~ng exc~sive through-u~fic on r~idenha] s=eek~ m ~e neighborhood w~ch are headed for ~e commercial comdor. PLAN IMPLEMENTATION The implementation programs and work elements of this plan are aimed at achievmg three major objec~ves: duple:: and mulff-famfly development. Prohibiffo~: of ne~, dupIc:r and mulff-famfly d,'velopment north qf George Bush Boukvard. Redu:t~or, o~ the negative impazts associated with through and non-residentiaZ veiucutar traffic on b:al resii.,m~ streets. Im,vzm, ement qf the physical .ar?~em'ance qf t;~ ru, ighborhood t~ough enlmnced poiic~.ac~vi~/, co~ FLUM Amendments and I~ezonings It is the intent of this plan that all new residenti~ development or redevelopment, not located ~'ithin the Del-Ida Park i-{istoric District be single-~amiiy detached housing. FLLrM and zoning desig'nations · ,viii be amended '~'here necessary to support this goal. Within the Del-Ida Park RO and RL zoning dis~,-k~s, low devmitv mule-family and;"or duplex development will comiuue to be, pe_,-mJtted under the con=o] of ~e Historic Prese.,-,'a~on Board. Most parceb ~J~l~in the neighborhood area wiE remic. thai.r current ~L2~ ~d zo~g desi~ahon. However. ~plem~m~on ~ ~e neighborhood plan w~ req~e F~b~ ~en~em ~d/or r~o~g of some p~ceb ~e ~ea. ~e proposed Fu~e L~d Use Mar Zo~g Map for ~e Neighborhood Area are a~mched. ..--ne !vromosed --- T,'-~.4 amendmen~ and rezonin~,~ include: · sr~c~[$TTDEi-IDA PARK.\'£]GHBORHOOD Amendment of FLUM deMgma~on from "Medium Densi~, Residential" to "Low Density Residential" and rezoning from RM to R-]-A of 34 parcels located on the east side of .NE ? Avenue, north of .NE ]4th Street t, ~} (R-l-AA) Smole-fam' · zoning exists west of this area and six parcels to be rezoned are currentJv developed as single family homes.; ':. .Mmendment of FLUM desi~,~na~on &om "Transitional' to "Low Densiv,' Res~den~al' of 5 parcels and rezonmg from RL to R-]-.kA o~ 2 parcels located on .NE ~ Street. The ~vo parcels to be re. zoned are the ordy properties in the area currently zoned RL. They are surrounded on three sides by single-family homes zoned R-fAA.; and Rezoning from RL to R-fA of 1-24 parcels located east of .NrE 2"" Avenue (Seacrest Boulevard), bet-w~,~,..n George Bush Boulevard a.nd .NE 13th Street. The area contains a mix of single-family homes, duplexes and multidamily s~ctures. The areas to the north and west are zoned R-fAA. Single Family. Land Development Regulations Processing of LDR text amendments made necessa.9,, by the Neighborhood Plan ~dll be initiated immediately following the adoption of the plan..is discussed in the Emstmo Cm~aa~onz Section, there are a considerable number of non-conforming residential structures within the neighborhood. Additionally, many duplexes and multi-famih, buildings ,ail] become non-conforming with respe~ to use as a result of the recommended re. zonings. It ~ a goal of this Plan ti,at residential properties in the neighborhood be up~aded and improved. .~krticle 1.3 of the LDR's, NONCONFORMING USES. LOTS AN'D b'TRI3CI'URES, places lizrdts on ex.-pendi:u-res for repair and maintenance of non-conforming us~ and s~-u.~u-es. Ia order to prevent ha't. her decay, an amendment to the LDR's ,~ill be initiated to in,ease or eliminate the cu.rrent ex.?endiVare iimim within the neighborhood. Traffic 'l'ne following measures are recommended to help alleviate the problems associated wi~ excessive through and non-residential vehicular =~.ffic in the neighborhood: L',.staE =al-hz calming measures (sveed humps) on seiezted s=eets. At a m.ininnuzn, sveed hum2s should be. L,,.sralied on N-E 13',h, S~'eet. N~ * ~" S=eet, NE 16TM S~eet. NE 22 .... SWeet, Dixie Boulevard (be~veen NE 2-a Avenue and NE 3"'. Avenue) and NE 3'~ Avenue (benveen George Bush Boulevard and NE 22~ Street). Install round- abouts and dMded roadways on selected streets. Consideration may also be Wen to installing a temporary street closure at the NE 24'~ Street railroad crossing until these traffic calming devices are installed. Reduce ~e highway feel on local residen~al stree'.s by removing addi,fional pavement used for street parking on ail single famih' homes and multi-famih' s,t-ucmres where possible. Evaluate the possibili~' of changing the caution sig-nal to traffic light at Swinton Avenue and George Bush Boulevard. There is a need for slricter enforcement of speed limits on NE. 2"~ Avenue (Seacrest Boulevard) and S~iuton Avenue as well as on local residential street. Ban th.rough truck traffic north of NE_ 4~ Street on Swinton and .NE 2-~ Avenue (Seacrest Boulevard). Within this area, these are residential streets. This t-}'pe of traffic should be using North Federal Highway, Cong-r~s Avenue, or t-95. Remove conflicting landscaping at the intersections where visibili~' is a problem. Require law-n maintenance companies to park in driveways where possible to avoid bloc 'tdng traffic. Install improved signage to route people around the neighborhood to Federal I-tighwa?. Convert Lake Court back to t~,o-wav traffic flow. Streetscape It is recommended that stree~cape improvements be made to the neighborhood which includes additional sl=ee_t lights, street trees, repair of damaged sidewalks, the addison of new sidewalks, removal of illegal on- street parking, and the reconstruction of drainage swales. T'ne Homeo,~mers .Amsociai~ons should be involved in the location and desig-n of all new facilities. Fumdmg for the project would be shared by the Ci~', CtL~ and the propert}' owners. It is recorrumended that the neighborhood create a property improvement distri~ whirl% in tua-n, would be the legal entity with whic. h the Ci~' would create a partnership. The formation of a propert}' improvement district give the owners a collective voice in improving the£- neighborhood. The dis2'ict would contribute a portion of the moneys needed to pay for the imvrovements. ~ plat. also recommends development of a pro=~ram to provide additional extemor ligh~ng on private prope,-q~.'. Under ~ program, the Cin' and Cf'ua would share tlne zest with indh'idua] 2ro~ern' o~,mers $_r-'.CF, EST/DEt.-IDA PAF, I< NEJCHBOF. ET, OL',, P'._~,\ E)J£CL'T;','£ to insZaI] a decoraZx'e pole iigh: m t2ue front yard. These lights would improve securiw Lo, ',.he neighborhood by iii!ag in ',.he d. ark spots be~veen s~eet Lights. Public Parking Lots .'-~ part of *,.he overaE srree~cave program for the noi~,hborhood, it i~ recommended C-,at the CRA acanire one or more tot~ on each bio:k within the higher de~i~' duviex.'mul~-/a~v areas. These lo~ w~ be used for the coP~uc~on of off-s~eet parkmg ]o~ for · e r~iden~. T~ w~ heip a5eviate many of ~e probie~ ~so~ated wi~ ~e large number of back-out p~g spac~ on ~e s=eet ~d provide oppor~h~ to W$~ ad~hona] l~dscapmg ~d dr~age. Del-ida Park Residential/Office District In order to facilitate busings development in the RO d2s=ict, it ~ recommended that ~e CRA consider acquisition of one or more parce~ to provide off-str~t parking. It is recommended '&at fundmg for th/s parking be provided by the CRA and/or City. The par'king spaces woulc] then be sold to adjacent' properties who -~'ish to redevelo? theL- properties or conve~ exisffng hom~ to non.res~dentia] ,uses. Hirforic District Expansion It is the recommendation of ~Js =ian that a historic evaluation of the buildings m th~ area be conducted. Id the resuJ~ of the study indicate ~nat it is waz-ranted, the-historic disi:rict boundaries should be expanded no,'~ch of George Bush Boulevard to include the Dell Park subd2vision. F.E.C. Railroad Buffer and Linear Park The appearance of the adiacent railroad right-of-way and Dixie Highway h~ a serious imoa~ on the neighborhood. The CR-^, will use a portion of the tax in~ement generated by new development and redevelovment of the No,'-'& Fedora2 '-[ighway co,--ri'dar fo: landscape budders along the raiL-Gad. ~ a long-term go~2, the CF,,_'-. i~ e.xplo~mg the vossib2in' of crearmg a inear park along ~e r~oad =az~ adjacent to k~ 3'~ Avenue. T~ york wo~d ~rox~de oppo~es for p~swe re=ea~or, m ~e ~ea ~d ~eate a b~ffer be~,~n ~e r~vad and the smgie- f~x- neighborhood ro ~e west. ;~e p~-k wo~d enable ~e Cin- to vrovide addi~on~ sto~water reten~o~ m ~e area. ~ov~z2on of ~e =ark zouid be ~,n~nzed mvart by ~ne ~ari~ ~nd re,eaton ~azt f~o~__ ~d mx inzrement ...... ,_x_nu_~ ~eneratef by. new deveiovment ~nd ~'~ '~' ~ ~ . 4~ ' ~nd alone r.a_x._m, m_n. _. ~ne area in rnov:ng t,',ward '~ ~ . . .,:. long-ret:re, coal. dY. CF:.-'. sh~u]d be prepared to murchase any. pro,eries m ~nis area ~at become ax'affable m the si~ort-tern-.. First Sfeps lmmediateiv /ollowmg the adoption of Chis plan, processing of ',.he ~_ompr_ne~we Plan amendment, Future Land Use Map amendments. Land Development P,e~alations text amendments and rezor~ngs requL-ed to implement ',.he plan wiE The CR.~'s Con,.mum.~' F, edevelovment Plan x,'~ need to be roomed to include the projezts and pro~am~ included in ~e Neighborhood Plan. Members of the Homeo~mers Associa~ons who have partiCiPated in the development of this Pla.~ should be~m to meet wit2', other neighborhood residents to discuss ',.he prov~iov, s of the Plan and gather support for the Special .~zsessment D~'ict. Since the capital improvemen~ included in the Plan are not vet included in the 5-Year Capital Lmprovemmnt programj for either the City or the CR.~_, these budge~ w21 need to be amended and dollars ddocated/or the various project. Impleme. ntahon of the capiUd improvemen~ included in the Plan vdll ~st require the preparation of land surveys. Trds work element should be scheduled as soon as possible. W'nen the sun, ers are_completed, the eng4.nee:-mg, desig, and detMled cost'estm-~ates of individu~ projec~ can be~in as time and ,-kmdmg becomes avaffable. Other new progra_m.s contamed m the plan ~511 be. develovei and imgiemented as oppo,"mrd~es ar~e and fund.ag bezomes available. Funding Sources The Ci~' and CT,,.A '~511 provide whatever suppo~ ~ ava.gable to assist in the ~,,-tpiementa~on of t?2s Neighborhood Piaz,,. Frond.ag for some vubiiz imorovements rr, av be avaffable from the Ciw or ti~-ough Cqe CK.'-.'s tax m~ement generated by new deveiovment and redevelovment in the noi~hborhood and in the N. Feder~ :,4ighway corridor. Other improvem~_nts may be financed in part through the estab'd2shment o£ one or more special a~sessment dL~tricts ~eated ?ursuant to the neighborhood via,,,.. The CR.-'. will expend, fmn~ on behalf of the neighborhood m order to create the reauized Svez~al ;,ssessment Dismz~. SUPPORT DOCUMENT # 2 COMPREHENSIVE PLAN AMENDMENT 98-1 SEACREST/DEL IDA NEIGHBORHOOD FUTURE LAND USE MAP AMENDMENTS 'PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: June 5. AGENDA ITEMS: V.A. 1. Future Land Use Ma2 Amendments from TRN ('Fransitiona!) to LD (Low Density Residential, 0-5 units/acre) m paf~-anc from MD (Medium Density Residential. 5-12 units/acre) to LD (Low Density Residential, 0-5 units/acre) in 2art, in Contunction wit,-, the Imolementati~r,~, ~' '"-,,,= S=,-~,=~¢u=,-,,,~--"'--""'~' "~- Park Neigh~o,-n~:)c; Plan. General)y Located Between Seacrest Bouievard and Dixie Highway and Between George Bush Boulevard and Atlantic High School. 1.a. Associated Rez~nings from RL (Multiple Family Reside.'~;a',-Low Density) to R-i-AA (Single Famiiy Residential) in pa,',, from RM (Multiple Family Residential-Medium Density.) to R-i-A (Singie Family Residential) in paA, and from RL (Multiple Family ResidentiaPLow Density) to R-I-A (Single Family Residential) in Conjunction with the Implementation of the SeacrestJge;-ida Park Neighborhood P~an, Generally Located Between Sea=rest Boulevard and Dixie Highway and Between George Bush Boulevard and Atlantic High Scnoot. GENERAL DATA: Owner .............................................. Various Ap.~h,,ant~Apphcan .......................... City of Delray Beach, David Harden, City Manager Location ........................................... Between Seacrest Boulevard and Dixie Highway and Between George Bush Boulevard and At~an~i: High School. Propem/Size ................................... 38.36 Acres F.LU.M. Designation ....................... Transitional & Medium DensJ~, (5-~2 units/acre) Pr~pese¢ F.L.U.M. Designation ...... Low Density (0-5 units/ac:e~ Current Zonin.c ................................. RL (Multiple Family Resia'en~iai-Low Proposed Zoning ............................. Adiacen: Zonin= .....................Narth: =_asr: Soutr,: Wes.'.: _=xisting Land Use ........................... .=r;:;se:.: Land Use ......................... Sewer Se,%qce ................................. '/'."a.:e r Se-vice ................................. Density) &RM (Multiple Family Residential-Medium Densi%,) R-i-AA (Single Family Residential) & R-i-A (Single Family ResiOential) CF-(Communi~, Facilities; & R-I-,~, CF. R-i-.z~A. SAD (Specia: Activities District). GC (General Commercial) & RO (Residentia! Office CF, R-!-AA & Rd R-I-AA. CF, Rd & NC (NeighbornooC Commercial) Seacrest/De!-iCa Neigho~mo~d Future Land Use Amendmen:s and Rezonings related with tt~e imoiementatio2 of the SeacresdDe;- l=~ Park Neighborhood Piar.. !v.,'-..! & FV.'-..i ¢ ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation on proposed Future Land Use (FLUM) Amendments and Rezonings associated with the adopted SeacrestJDel-lda Park Neighborhood Plan. The Future land Use Map Amendmeht¢ involve the following areas (See attached'Map. Legal descriptions for each area are contained in Appendix A): El Area A: Future Land Use Map Amendment from TRN (Transitional) to LD (Low Density Residential 0-5 du/acre)-7 parcels (by ownership), located east of Seacrest Boulevard, north of NE 22nd Street. Area A contains a total of 3.23 acres. El Area B: Future land Use Map Amendment from MD (Medium Density Residential 5-12 du/acre) to LD (Low Density Residential 0-5 du/acre}--35 parcels (by ownership), located north of NE 14th Street (Lake Avenue), between NE 3rd Avenue and the FEC Railroad. Area B contains a total of 9.05 acres. The proposed rezonings involve the following areas (See attached Map. descriptions for each area are contained in Appendix A): Legal El Area C: Rezoning from RL (Multiple Family - Low Density) to R-l-AA (Single Family Residential)-2 parcels (by ownership) on NE 22 Street, east of Seacrest Boulevard. Area C contains a total of 1.13 acres. This area is contained within "Area A" above. Area D: Rezoning from RM (Multiple Family Residential - Medium Density) to R-1- -A (Single Family Residential)-14 parcels (by ownership) north of Plumosa Elementary School, between NE 3~ Avenue and the FEC Railroad. Area D contains a total of 3.1 acres. This area is contained within "Area B" above. El Area E: Rezoning from RM (Multiple Family Residential - Medium Density) to R-l- A (Single Family Residential)---20 parcels (by ownership) north of NE 14th Street (Lake Avenue), between NE 3'~ Avenue and the FEC Railroad. Area E contains a total of 5.5 acres. This area is contained within "Area B" above. El Area F: Rezoning from RL (Multiple Family - Low Density) to Rol-A (Single Family Residential)-134 parcels (by ownership) east'of Seacrest Boulevard between George Bush Boulevard and NE 14th Street. Area F contains a total of 26.08 acres. This area does not require a FLUM amendment. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the SeacresVDel-lda Park Neighborhood Plan M',aeting of June 15, 1998 Page 2 [ ._:: BACKGROUND The "Residential Neighborhood Categorization Map," contained in the Housing Element of the City's Comprehensive Plan, delineates neighborhoods throughout the City according to the prevailing condition of private property. The main objective of the categorization is to identify the level o.f_need in each neighborhood. Specific strategies and programs and the degree to which these programs are implemented will depend upon this level of need. The Seacrest/Del-lda Park Neighborhood is currently categorized as follows: Revitalization - Evidence of decline in condition of structures and yards; increase in crime; property values stagnant or declining. Policy 5.5 of the Housing Element of the Comprehensive Plan requires the preparation of a Neighborhood Plan for areas within this category. The SeacrestJDel-lda Park Neighborhood Plan has been completed and was adopted by the City Commission at its meeting of March 3, 1998. The Neighborhood Plan included many recommendations aimed at the elimination of the problems associated with small lot duplex and multiple family development within the neighborhood. One recommendation was that all new residential development or redevelopment within the neighborhood, except in the Del-Ida Park Historic District, be limited to single-family detached housing. Although most of the neighborhood is zoned for single family development, duplex and multiple family units are currently allowed in several areas. The proposed I~LUM Amendments and Rezonings for these areas will implement the recommendations identified in the Neighborhood Plan. Other programs aimed at improving the physical appearance and secudty of the neighborhood are also included in the Plan. Capital improvements will be funded through a partnership of the City, the CP,~ and the property owners. It is anticipated that traffic calming, streetscape and other improvements to the public spaces within the neighborhood will encourage additional private investment in the area. A strong sense of community spirit and neighborhood pdde is already emerging as is evidenced by the high level of public participation in the neighborhood planning process. FUTURE LAND .USE'MA'P AMENDMENT ANALYSIS REQUIRED FINDINGS: 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 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 Planning-and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 P"age 3 and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. The policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The proposed FLUM amendments and associated rezonings will fulfill Housing Element Policy A-5.5, stated as follows:. Housing Element Policy A-5.5 These areas shall be provided assistance through the development of a "neighborhood plan" which is directed toward the arresting of deterioration through physical improvements such as street lighting, sfreet trees, landscaping, street repair, drainage improvements, sidewalks, parks and parking areas, installation or upgrading water and sewer facilities, all of which may be provided through funding and/or assessment districts. The plans shall also address the appropriateness of existing land use and zoning classifications, traffic circulation patterns, abatement of inappropriate uses, and targeting of code enforcement programs. The plans shall be prepared by the Planning and Zoning Department, with assistance from the Community Improvement Department, and the Community Redevelopment Agency if located within the CRA district. At least one neighborhood plan shall be prepared each fiscal yea~'. The priority of these plans is as follows: · Seacrest/Del-lda · Allen/Easfview/L. ake Avenues (to be addressed in the North Federal Plan) · Osceola Park · Delray Shores The adopted SeacrestJDel-lda Park Neighborhood Plan addressed all the issues included in this policy including the appropriateness of existing land use and zoning classifications. The FLUM amendments and concurrent rezonings being considered at this time are proposed to fulfill the provisions of the plan. Thus, this policy is furthered by the proposed amendments.and a positive finding can be made. El Consistency --The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal is consistent with the goals, objectives and policies of the City's Comprehensive Plan. El Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed FLUM amendments and rezonings will eliminate the potential for additional multiple family and duplex development on the subject properties. This decreases the overall potential density as well as the potential demand for services and facilities. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. Planning and Zoning Staff Report 'FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan I~.~eeting of June 15, 1998 Page 4 Compatibility -The requested designation will be compatible with the existing and future land uses of the surrounding area. The subject properties are located in a primarily single family neighborhood with 66% of all residential units and 85% of all residential parcels developed as detached single family homes. A description of each of the areas to be changed is as follows: · Area A - TRN (Transitional.) to LD (Low Density. Residential 0-5 du/acre) The subject area is surrounded on the east and south by single family homes, on the north by Atlantic High School and on the west by neighborhood commercial. This area is a part of the residential neighborhood and is developing accordingly. Of the 7 ownership parcels, four contain single family homes (1 also contains a beauty salon), two are undeveloped and one is an access tract. The two undeveloped parcels are surrounded on three sides by single family homes and are zoned R-l-AA (Single Family). When these two parcels are developed pursuant to the existing zoning, the area will consists entirely of single family homes. The proposed FLUM designation of LD is contiguous to the LD designation to the south and is compatible with the existing and future land uses of the surrounding area. · Area B - MD (Medium Density Residential 5-12 du/acre) to LD (Low Density Residential 0-5 du/acre) The subject area is located between NE 3~ Avenue and the FEC Railroad, between NE 14th Street (Lake Avenue) and Atlantic High School. The area to the west consists of an elementary school and single family homes zonec~-R-1- AA. Six of the ownership parcels in the subject area also contain single family homes. The Neighborhood Plan's direction for this area is the gradual reintroduction of single family uses consistent with the properties to the west. The proposed FLUM designation of LD is contiguous to the LD designation to the west and is compatible with the 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. All future development within the requested designations will comply with the provisions and requirements of the Land Development Regulations. A detailed discussion of Compliance with the Land Development Regulations is included in the "Zoning Analysis" section of this report. LDR (~hapter 3) 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 Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the SeacrestYDel-lda Park Neighborhood Plan Meeting of June 15, 1998 P;hge 5 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: The use or's~ructures must be allowed in the zone district and the zoning district must be consistent with the Future Land Use Map designation. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Neighborhood Plan for the area. The proposed FLUM amendments will assign a Future Land Use Map designation of Low Density and the proposed rezonings to R-l-AA and R-1-A (Single Family) are consistent with this FLUM designation. Although many of the existing land uses will be made non- conforming, the direction of the Plan is to phase out these uses and promote infill with uses which are consistent with the new FLUM designation. Thus, positive findings can be made regarding consistency of the FLUM designations and zonings. Concurrency and Comprehensive Plan Consistency were discussed above. As previously stated, a detailed discussion ~f Compliance with the Land Development Regulations is included in the "Zoning Analysis" section of this report. REQUIRED FINDINGS (Chapter 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 Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) for the Rezonings shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Planning and Zoning Staff Report 'FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 6 Section 3.3.2 (Standards for Rezoninq Actions): Standards A, B and C are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.3.2 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 '-|ncompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Compatibility of land uses within the Seacrest Del-Ida Neighborhood was a primary concern in preparation of the neighborhood plan. The subject properties are located in a primarily single family neighborhood with 66% of all residential units and 85% of all residential parcels developed as detached single family homes. Additionally, 45% of the subject properties contain detached single family residences. A description of each of the areas to be rezoned is as follows: Area C - Rezoninq of 2 parcels from RL to R-f-AA. These two parcels, located on NE 22 Street, are the only properties in the area zoned RL. They are surrounded, on three sides by owner-occupied (93%) detached single family homes zoned R-l-AA and by a Iow intensity commercial business (Dance Conservatory) on the west side zoned NC (Neighborhood Commercial). The residential density of the surrounding area is 5.0 du/acre with an average lot size of 8,712 sq. feet. Both of the subject parcels currently contain single family homes and one of the parcels also contains a hair salon business. The existing density on these two large parcels is only 1.76 units per acre. - Areas D and E - Rezoninq of 34 parcels from RM to R-f-A. These parcels are located .between NE 3rd Avenue and the FEC Railroad, north of NE 14th Street (Lake AVenue). Single-family zoning (R-l-AA) exists west of this area and 6 parcels to be rezoned are currently developed as single family homes. The area also contains 20 duplexes and 4 multi-family structures which will become non-conforming uses. The Plan's direction for this area is the gradual reintroduction of single family uses consistent with the properties to the west. Area F - Rezoninq of 134 parcels from RL to R-f-A. These parcels are located east of NE 2nd Avenue (Seacrest Boulevard), between George Bush Boulevard and NE 14th Street. Single Family zoning (R-l-AA) exists north and west of the area and RO (Residential Office) zoning consisting primarily of medical offices is located immediately to the south. The area contains a mix of single-family homes, duplexes and multi-family structures, with a total of 68 detached single family homes, 69 duplexes (138 units) and 31 multi- family units. The duplex and multi-family units will become non-conforming uses. The Plan calls for this area to be stabilized through eventual phasing out of Planning and Zoning Staff Report F. LUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 P2ge 7 duplex and multi-family structures and their replacement with single homes. family Given the above, these rezonings will help to promote compatibility throughout the entire Seacrest/Del-lda Park neighborhood. Section 2.4.5rD)rS} fRezonin.a_ Findih-~ls): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "c":, based on the following: The Comprehensive Plan identified the neighborhood as needing "revitalization" and directed the City to take measures to prevent further decline and to help-the neighborhood toward a classification of "stabilization" or "stable." This is to be achieved through the implementation of a "neighborhood plan". The City Commission adopted the Seacrest/Del-lda Park Neighborhood Plan at its meeting of March 3, 1998. With the adoption of the plan, a vision was established for the future development of the area. The proposed rezonings are required to {rnplement the provisions and vision of the adopted plan. In order to implement the adopted neighborhood plan, FLUM designations for the area are being amended as directed in the plan. The proposed zoning districts are of.similar intensity to the new FLUM designations and will be more appropriate than the existing zonings, based on the direction of the community and the adopted plan. The appropriateness of the zonings in the area was a fundamental concern during the review of the neighborhood plan. The adoption of the plan establishes the City's finding that the proposed zonings are more appropriate than the existing. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations addressed by the body taking final action on a application/req uest. shall specifically be land development Planning and Zoning Staff Report ICLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 8 No development proposals have been received for the subject properties. Any proposed development will be subject to the provisions of the new zoning districts. Therefore, a positive finding can be made with respect to future compliance with the Land Development Regulations. Since the proposed rezonings will'-~ffect the land developments regulations "and applicable development standards for the subject properties, it is also appropriate to discuss the impact of the rezonings on existing development. a. RL to R-l-AA. The existing single family homes on the two parcels to be rezoned will remain conforming uses in the proposed zoning district. Although the minimum lot size for single family development will increase from 7,500 sq. ft. to 9,500 sq. ft., and the minimum lot dimensions will increase, both parcels exceed the new standards and will also remain conforming lots. Although one parcel also has a business located on site, the use is non-conforming and will remain so with the proposed rezoning. b. RM to R-I-A. This area contains a private school, a daycare center, 6 single family homes, 4 multiple family structures,.20 duplexes, and 2 vacant lots. The school and daycare center are permitted as conditional uses and the development standards for them will remain unchanged. The development standards for the single family homes will also remain unchanged. All of the duplex and multiple family structures will become non-conforming uses. It is important to note however that 16 of the 20 duplexes are currently non-conforming with respect to unit size and all four multiple family structures are non-conforming with respect to density. Although the maximum density in the RM district is 12 du/acre, these four buildings each have a density-of 40 du/acre. c. RL to R-1-A. This area contains a mix of single-family homes, duplexes and multi-family structures. The development standards for. the single family homes will remain unchanged. The 4 multiple family structures and 59 duplex parcels will become non-conforming uses. All of the multi-family development within the area is currently non-conforming with respect to density. Within the RL zone (3-6 du/acre), these multi- family buildings have densities between 19 and 27 du/acre. Of the 59 duplex parcels within the area, 56 (95%) are non-conforming with respect to one or more of the following standards: lot size (i.e. less than 8,000 sq. ft.), lot width (i.e. less than 60 ft. wide) or unit size (i.e. less than 1,000 sq. ft.). The multiple family structures which become non-conforming uses as a result of the proposed rezonings will be allowed to continue even if ownership changes as long as the use does not cease for 180 days. If such a use is destroyed by a disaster, it is allowed to be rebuilt to the same density if the permit is applied for within one year and the structure is completed within three years. Overall, the development of duplex and multi-family units on small lots within the neighborhood has created the appearance of over-crowding on many streets. This is best evidenced by the excessive number of parked cars in these areas. Most of these , Planning and Zoning Staff Report, FLUM Amendments and Rezonings Associated with t~.e SeacrestJDel-lda Park Neighborhood Plan Meeting of June 15, 1998 Page g uses are deficient with respect to number of parking spaces and/or parking lot design. Where adequate spaces do not exist in off-street parking lots or immediately in front of these uses, parking, has spilled onto front yards and into the swales of adjacent single- family development. Back-out parking onto adjacent roadways is the typical parking arrangement for duplex development within the neighborhood. In most cases, the number of spaces are maximized with. the entire roadway frontage covered in asphalt without the benefit of iandscaped'.breaks between spaces. This degrades .the appearance of the area, affects drainage and encourages speeding. Although the proposed rezonings will not eliminate all of these problems, they will prevent additional units for being constructed or the conversion of single family homes to duplexes. Additionally, most of the affected structures are at least 30 years old. Age, obsolescence and poor maintenance have taken their toll on many of the duplex and multiple family structures in the area. As these buildings approach the end of their useful life, they will have to be replaced with single-family homes. The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Community Redevelopment Aqency: At its meeting of May 22, 1998, the Community Redevelopment Agency reviewed the proposal and recommended approval for the FLUM Amendments and Rezonings. Adiacent Municipalities: - Notice of the proposed amendments has been provided to the City of Boynton Beach and the Town of Gulf Stream. A response has not been received. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: I;3 Seacrest Homeowners Association ~3 Del-Ida Park Homeowners Association [3 Lake Ida Homeowners Association Q PROD (Progressive Residents of Delray) Public Notice: Formal public notice has been provided to the owners of all properties subject to the FLUM and zoning changes as well as to property owners within a 500' radius of the subject properties. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the SeacrestJDelolda Park Neighborhood Plan fV?eting of June 15, 1998 Page 10 ASSESSMENT AND CONCLUSION The proposed FLUM Amendments and Rezonings are recommended in the adopted Seacrest/Del-lda Park Neighborhood Plan, which was adopted to meet the provisions of Housing Element Policy A-5.5 of thb. Comprehensive Plan. Positive findings can. be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.3.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. .-.-'--..- ALT.ERNATIVE~.AC'FIONS-:.-.:.-. ~:.~:: . '- I Ao Continue with direction. Recommend to the City Commission approval of FLUM Amendments to the subject parcels, based on positive findings with respect to 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, Recommend to the City Commission approval of the rezonings of the subject parcels, based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.3.2 (Standards for Rezoning Actions), LDR S~:tion 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Recommend denial of the FLUM Amendments and Rezonings based on a failure to make positive findings and that the FLUM amendments and rezonings fail to fulfill one of the basis for which a FLUM Amendment or rezoning should be granted. RECOMMENDED ACTION Recommend to the City Commission approval of the proposed FLUM Amendments from: TRN (Transitional) to LD (Low Density Residential 0-5 du/acre), for the parcels within "Area A" identified in Appendix A; and, MD (Medium Density Residential 5-12 du/acre) to LD (Low Density Residential 0-5 du/acre) for the parcels within "Area B" identified in Appendix A; Planning and Zoning Staff Report FLUM Amendments and Rezoninc~s Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 11 o based on positive findings with respect to 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, Recommend to the City Commission approval of the following rezoning requests: [] Rezoning from RL (Multiple Family - Low Density) to R-l-AA (Single Family Residential) for the parcels in "Area C" identified in Appendix A; Rezoning from RM (Multiple Family Residential - Medium Density) to R-l- -A (Single Family Residential) for the parcels in "Area D" identified in Appendix A; Rezoning from RM (Multiple Family Residential - Medium Density) to R-l- A (Single Family Residential) for the parcels in "Area E" identified in Appendix A; and, Rezoning from RL (Multiple Family - Low Density) to R-I-A (Single Family Residential) for the parcels in "Area F" identified in Appendix A; based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.3.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: ~ Proposed Future Land Use Map Amendments [] Proposed Rezonings [] Appendix A Report prepared by: Ron Hoaaard. Senior Planner Planning and Zoning Staff Re,2ort ~LUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 12 APPENDIX A FLUM AREA A: THE E 316.9 FT OF N ½ OF S ½ OF NE *,/, OF SW ¼ OF SW ¼; THE E 195 FT OF W 350 FT OF N ~/~ OF S ½ OF NE ¼ OF..-Sw ¼ OF SW ¼ / LESS N 30 FT/; THE N 30 FT OF E 310 FT OF W 350 FT OF S ½ OF NE ¼ OF SW % OF SW ¼; AND, THE E ½ OF S ¼ OF NE ¼ OF SW ¼ OF SW ¼, OF SECTION 4, TOWNSHIP 46S, RANGE 43E. FLUM AREA B: THE PART OF LOT 38 LYING EAST OF NE 3RD AVENUE AND WEST OF FEC RY, SUBDIVISION OF SECTION 9, TOWNSHIP 46S, RANGE 43E - REFER TO PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, LOTS 102 TO 115, INCLUSIVE AND THE PART OF LOT 116 LYING NORTH OF LAKE AVENUE, PLUMOSA PARK SECTION A, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 68, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, LOTS 1 TO 15, INCLUSIVE, BLOCK 11 OF SEACREST PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING - AREA C: THE E ¼ OF S ¼ OF NE % OF SW I/, OF SW ¼ OF SECTION 4, TOWNSHIP 46S, RANGE 43E. REZONING AREA D: LOTS I TO 15, INCLUSIVE, BLOCK 11 OF SEACREST PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING AREA E: THE PART OF LOT 38 LYING EAST OF NE 3FiD AVENUE AND WEST OF FEC RY/ LESS NLY 141.56 FT, SUBDIVISION OF SECTION 9, TOWNSHIP 46S, RANGE 43E - REFER TO PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, Planning and Zoning Staff Re~o~ 'FLUM Amendments and R. ezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan M, eeting of June 15, 1998 Page 13 LOTS 102 TO 115, INCLUSIVE, AND THE PART OF LOT 116 LYING NORTH OF LAKE AVENUE, PLUMOSA PARK SECTION A, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 68, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING AREA F: ALL OF BLOCKS 1, 4, 5, 8, 9, AND LOTS 4-12 INCLUSIVE, BLOCK 12, DELL PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 56, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, LOT 12, PLUMOSA PARK, SECTION A, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 68, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. N ~ SEACREST/DEL-IDA NEIGHBORHOOD I~ i i ' N { SEACREST/DEL--!DA NEIGHBORHOOD SUPPORT DOCUMENT # 3 COMPREHENSIVE PLAN AMENDMENT 98-1 CITATION CLUB/HAMMOCK RESERVE FUTURE LAND USE MAP AMENDMENTS , PLANNING AND ZONING BOARD CiTY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEMS: June I~' ....,~=~ IV./'..2. & '.V.A.2.a Future Land Use Map AmenOments from TAN (Trans~tiona!) to LD ,,.'Low Dens;dy Res~dentiai. 0-5 unica/acre), and LD tc TP, N. and .~.ss~:isted Rezonings from RM-~0 (Medium Densib' Residential - 12, umts per asre) to PRO-5 (Planned Res~3ential Develooment - 5 units pe? acre). Related to the Alignment of Orchard Lane within the Citation Club & Hammock Rese~,e Developments. Lo:areS ~n the East Side of Miiita~. Trail, Soutn of Linto~ Boulevard. GENERAL DATA: Owner .............................................. Beztek and DiVosta AD:~want/,-,pp~an ........................... CiB, ~f Deirav Beach, David Harden. City Manager Location ........................................... The subiect parcels are located ai~ng Orchard Lane, approximately ,300 feet east of Military Trail. Prope.,my Size ................................... 0.72 Acres (t~/o 0.36 acre parceis) F.L.U.M. Designatior,.s ..................... TRN (Transitional) & LD (Low Density 0-5 units/acre) Pro=osed F.L.U.M. Designatio~ ...... LD & TRN Currem, Zoning ................................. P, IVI-10 (Medium Density. Residentiak 10 units/acre) & PRD-5 (P~annec P, esi=ential Development- 5 units/acre) Pr,~o:se¢ Zoning .............................PRO-5 & RM-1,3 A~iacen'. Zonin.,2 ..................... North: P,M-10 East: RM-1O S3uth: PRO-5 West: PP, D-5 =xis~in.: Land Use ........................... Rca= n~m-of-way for Oronard La~e an= ,Dpe.~ Spaoe Prod=se= Land Use ......................... Correotive Future Land Use Map .Amendments an= Rezonin;s related ts t~e aii_:;~mem of Oror, ar: Lane. Sewer Se."vioe ................................. n/a. Water Se~,ioe .................................. n,"a. The action before the Board is making a recommendation to the City Commission on corrective Future Land Use Map amendments and rezonings on 2 parcels of land totaling 0.72 acres, associated with the Citation Club and Hammock .Reserve developments. The request involves a FLUM amendment'for the Hammock Reserve parcel from TRN (Transitional) to LD (Low Density Residential) and rezoning from RM-10 (Medium Density Residential- 10 du/ac) to PRD-5 (Planned Residential Development - 5 du/ac). The FLUM amendment for the Citation Club parcel is from LD to TRN, and the associated rezoning is from PRD-5 to RM-10. The subject parcels are located along Orchard Lane, approximately 600 feet east of Military Trail. 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. The Future Land Use Map amendments and rezonings involve two parcels of land each containing 0.36 acres which are located within approved developments known as Citation Club (zoned RM-10 with an underlying FLUM designation of Transitional)' and Hammock Reserve (zoned PRD-5 with an underlying FLUM designation of Low Density Residential). The corrective amendments and rezonings are a result of the final alignment of a private road (Orchard Lane) which connects Military Trail with Linton Boulevard. The alignment of the road split the corners.of each development leaving triangular parcels on both sides of the road which were owned by opposite developments. When Hammock Reserve platted their property it was identified that the developers had land swapped the parcels. The 0.36 acre portion associated with the Citation Club is incorporated into an open space area, and the 0.36 acre portion associated with Hammock Reserve is a portion of the main roadway (Orchard Lane). 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). _ P,& Z Board Staff Report Citation Club and Hammock Reserve - FLUM Amendments and Rezonings Page 2 .Land Use Analysis: Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. In conjunction with the Future Land Use Map amendments, rezonings to PRD-5 and RM-10 are being sought. The FLUM amendments and rezonings are being processed concurrently to eliminate existing inconsistencies between the FLUM and zoning designations as they relate to their respective developments (Citation Club and Hammock Reserve). The areas which are being changed contain open space and a roadway. These land areas are part of larger developments in which the land uses and resulting structures are consistent with the proposed FLUM and zoning designations. REQUIRED FINDINGS: 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 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 FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. This policy shall not appl~, to requests for the FLUM designations of Conservation or Recreation and Open Space. The current FLUM and zoning designations of the respective properties are currently inconsistent with the intensity of use of th'e overall developments. This is a corrective amendment which applies Future Land Use Map designations which will reflect the current use and intensity of the properties. Consistency -The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposal is consistent with the goals, objectives and policies of the City's Comprehensive Plan as it applies Future Land Use Map designations which reflect the current intensity of use. r~ Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The subject properties are portions of developed projects. The parcels have been swapped by the two developments. The two projects are currently developed at their highest intensity, based upon their existing zoning designations. Citation Club 'P & Z Board Staff Report Gitation Club and Hammock Reserve - FLUM Amendments and Rezonings Page 3 is zoned RM-10 and contains an apartment complex with a density of 10 units per acre, and the portion of the Hammock Reserve under consideration is zoned PRD-5 and is developed at 5 units per acre. At the time of Annexation of both properties, positive findings were made with respect to Concurrency. The proposal replaces one land use designation with the other and visa-versa. Thus, positive findings can be made with respect to concurrency. '-~ Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The proposed FLUM and zoning designations will be consistent and compatible with their respective developments. Required findings of Compatibility were made with each development approval and no intensification of the development is proposed. Compliance - Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. The existing developments comply with the provisions and requirements of the Land Development Regulations. No intensifi.cation of the development is proposed. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which i~-part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the 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 Analysis section of this report. Compliance with respect to Compliance with the Land Development Regulations (Standards for Rezoning Actions, Rezoning Findings) are discussed below. CONSISTI~NCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. b & Z Board Staff Report Citation Club and Hammock Reserve - FLUM Amendments and Rezonings Page 4 Com.Drehensive Plan PQlicies: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment Analysis section of this report. Section 3.3.2 (Standards for Re~ohing Actions}: Standards A, B and C are' not applicable with respect to this rezoning request, as the rezonings are corrective in nature. The applicable performance standard of Section 3.3.2 is as follows: That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The requests for rezoning and their associated FLUM amendments will eliminate existing incompatibilities. These changes will result in FLUM and zoning designations of these two 0.36 acre parcels which reflect their existing use and intensity. Section 2.4.5(D_~f_5! (Rezoning Findings!: 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: That the zoning had previously been changed, or was originally established, in error; That there has been a change in:circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more ap.~ro_Drii~te for the property based upon circumstances particular to the site and/or neighborhood. The proposed zoning designations are more appropriate based upon the current development pattern which resulted from the alignment of Orchard Lane. The changes are corrective in nature and will apply zoning designations consistent with the balance of their respective developments. The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. 'P & Z Board Staff Report Oitation Club and Hammock Reserve - FLUM Amendments and Rezonings Page 5 ~ourtesY Notices: Courtesy notices have been provided to the following civic and homeowners associations: Citation Club BeI-Aire DeI-Aire Country Club Foxe Chase Hammock Reserve Progressive Residents of Delray (PROD) Shadywoods Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A letter of objection has been received from DeI-Aire Country Club (copy attached). Additional letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The existing Transitional and Low Density Residential Future Land Use Map designations as well as the RM-10 and PRD-5 zoning designations are inconsistent with the respective developments. The changes will result in FLUM and zoning .designations which correspond with the balance of their respective developments, thus eliminating the current discrepancies. 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, 3.3.2 (Standards for Rezoning Actions), and 2.4.5(D)(5) of the Land Develop~nent Regulations, and the policies of the Comprehensive Plan. Ao Co Continue with direction. Recommend to the City Commission approval of the Future Land Use Map amendments from TRN to LD and LD to TRN, and the rezonings from RM-10 to PRD-5 and PRD-5 to RM-10 based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and Sections 3.1.1, 3.3.2 (Standards for Rezoning Actions), and 2.4.5(D)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan. Recommend to the City Commission denial of the Future Land Use Map amendments from TRN to LD and LD to TRN, and the rezonings from RM-10 to PRD-5 and PRD-5 to RM-10 based upon a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and Section 2.4.5(D)(5) of the Land Development Regulations, that the FLUM amendments and rezonings fail to fulfill one of the basis for which a FLUM amendment or rezoning should be granted. P & Z Board Staff Report Citation Club and Hammock Reserve - FLUM Amendments and Rezonings Page 6 Recommend to the City Commission approval of the Future Land Use Map amendments from TRN to LD and LD to TRN, and the rezonings from RM-10 to PRD-5 and PRD-5 to RM-10 based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Pian (FLUM Amendment Findings), and Sections 3.1.1, 3.3.2 (Standards for Rezoning Actions), and 2.4.5(D)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan. Attachments: '~ Letter of objection from DeI-Aire Country Club ':;;3 Future Land Use Map [] Zoning Map Counrr Ciub Property Owner's Association, Inc. 4645 White Cedar Lane Delray Beach, FL 33445 499-9090 June 9. 1998 M.r. Paul Doriing Acting Director of Plann/ng Planning and Zoning Departmen~ CiD' of DeL-ay Beach, 100 Northwest First Avenue DeL-ay Beach. FL 33444 Proposed Pur~e Land Use Map .aa-nendmem and Re-Zoning File a98-154 Dem- Mr. Dorling: Thank you for sending your June 4. 1998 letter with reference to the above captioned, h appears that the area .~ the Hammock Reserve. change ,aSl.l only be a benefit to the City. As for the proposed increase in densiD' for area B. the Ckation Club. such a change will certainB' not be of any benefit to the CID'. Therefore, we request thru .:he area B proposal b~ rejected. Sincereix'. Daniel C_.->me, President Prope,w>' Ovmers' .association DC/arm GO WAL-MART 75'"" ,~£" TE= GO LiN-ON GC CENTER CF-H JOS C U L E \,' ~ P, .... ~Dw MD SDUT~. SOUNTY PRO.-". TRN TRN ¸LD ',.%10 N OS OS-- OS N PC OS PC~ MEN TAL HEAL TH 3£t; T=j_R SOUTh' COUNTY POC CENTRE CONDO POCI CF / R~M-8 SAD PRD-5 ioN RM 10 / / OS R-l-AA ~AuMOCK DEL-A/RE ~.,_ CL~E OSR N ' '^~'u, OCK RESERVE ,_,~""~:~,," ~,ON CLUB &: m~,,v,,,,,,, ~ . ,,.., - ,-_.~,.~: ~; '~,;-_. -- (~) :'.=,Ol;: =,W-'~' T?: ==,,i-~ (~ "-ROM: c~_":._~ T~ SUPPORT DOCUMENT # 4 PLAN AMENDMENT 98-1 HURRICANE PINES Introduction Hurricane Pines is approximately three acres of pine scrub located on the south side of S.E. 10th Street between Federal and Dixie Highways. The site is identified in the Comprehensive Plan as a natural area which the City should undertake efforts to protect (Conservation Objective B-l). Specifically, a program shall be developed to preserve the site to the extent feasible through sensitive site planning, or mitigate its development (Policy B-1.2). The Hurricane Pines parcel is privately owned, and subject to development. This report summarizes the history of the identification of Hurricane Pines, and assesses the potential of the site for successful preservation in a development scenario. Inventory of Native Ecosystems In 1988, a report was completed for Palm Beach County, "Inventory of Native Ecosystems in Palm Beach County, Phase III Report, Location and Evaluation of Sites for Possible Preservation as Wilderness Island Park Preserves". One of the sites identified in this report was Hurricane Pines, listed as five acres-of Fiodda Scrub and evaluated as "good representation of native Flodda ecosystems". The report' provided a pdodty ranking for potential public acquisition with sites ranked by clusters of associated ecosystems. Hurricane Pines was ranked, along with five similar sites, as a second pdodty for acquisition in the southern portion of the:County. 1989 Comprehensive Plan In developing the Comprehensive Plan in native ecosystems on the above noted direction: 1989, the City based its listing of report, and included the following Objective B-1 The City shall undertake efforts, through the following policies, to protect the following natural reservations and environmentally sensitive areas: (b3, b4)(c9) Pine Scrub area east of Tropic Palms Subdivision; · Delray Oaks hammock area in the Alfieri Pugliese Park of Commerce; · Pine Scrub community along S.W. 10th Street east of the Gulfstream Motor Lodge; · The following Florida Inland Nav!gational District holdings: · parcel off McCleary Street · parcel southeast of the 8th Street Bridge · parcel by Knowles Park; · the public area along 1-95, west of Tropic Palms subdivision; · portions of the "17 acre parcel" with the specific areas to be considered for preservation to be determined during the development review process. Policy B-1.2 The Low Oak Hammock area of the Alfieri Pugliese Park of Commerce and the Pine Scrub along S.W. 10th should be preserved in part through sensitive site planning. Since 1989, there have been no substantive amendments to this policy direction. The policy language today is: Obiective B-1 The City shall undertake efforts, through the following policies, to protect t~e following natural reservations and environmentally sensitive areas: (b3, b4)(c9) · Leon Weekes Environmental Preserve; · Delray Oaks hammock area in the Alfieri Pugliese Park of Commerce; · Hurricane Pines scrub community along S.W. 10th Street west of U.S. #1 (S.E. 5th Avenue); · The following Flodda Inland Navigational District holdings: · parcel off McCleary Street · parcel southeast of the 8th Street Bridge · parcel by Knowles Park; Policy B-1.2 The Delray Oaks area of the Alfieri Pugliese Park of Commerce shall be preserved through sensitive development under "planned development" concepts, exaction (public sites dedication provisions of the Land Development Regulations), or acquisition (including the County Environmentally Sensitive Lands Acquisition Program). The City shall participate with the County in seeking State funding for the acquisition of the Delray Oaks site and its development as a preservation area. Hurricane Pines along S.W. 10th Street should be preserved in part through sensitive site planning. CourtW Acouisition Proqram In 1990, Palm Beach County established its Environmentally Sensitive Lands Acquisition Program. A total of 38 sites were identified for possible acquisition, including Hurricane Pines and Delray Oaks. These sites were then prioritized and fourteen sites were identified as highest priodty for acquisition. The high pdodty list included Delray Oaks, which has been purchased, but did not include Hurricane Pines. Hurricane Pines is not presently considered for acquisition through the County program. Fiel,d Investiqation In 1992, in work associated with the development of the Silver Terrace Redevelopment Plan, the Hurricane Pines site was reassessed by the author of the Inventory of Native Ecosystems (attachment). The site was found to consist of approximately three acres of Sand Pine Scrub. The assessment stated that, without management, this small site would continue to undergo succession, from pinelands to oak-palmetto woodlands. With management, the succession would be slowed, but succession would continue. Management of such a small site would be difficult due both its size and proximity to homes. The author concluded that it would be worth the difficulty and expense for the public to acquire and manage the site. Evaluation and Appraisal Report The Evaluation and Appraisal Report (EAR) of the Comprehensive Plan was completed by the City in 1996. In developing the EAR for the Conservation Element, staff and a citizen task team debated the disposition of Hurricane Pines. It was acknowledged that preservation of the site would yield limited environmental benefits and may be impossible to sustain as a viable ecosystem. The possible courses of action discussed included: 1) public acquisition of the site; 2) deletion of Hurricane Pines from the list of sites to be afforded special protection in the Comprehensive Plan; 3) no change to the existing language in the Comprehensive Plan. Opinions among staff and citizens were evenly split between acquisition and deletion, resulting in the recommendation for no change. HURRICANE PINE SCRUB ASSESSMENT The Hurricane Pine Scrub is located west of Federal Highway, on the south side of SE 10th Street. At one time, the Pine Scrub covered approximately 5 acres. However, a portion of the site was cleared along S.E. 10th Street for the construction of a residential unit (in the early 1960's), which has since been demolished. Approximately 3 acres of the Pine Scrub remains. - -_ The Hurricane Pine Scrub is considered a Florida Scrub, which has a desert-like eco- system dominated by sand pines and several species of Oak. This eco-system has been identified on the Land Use Map as a conservation parcel subject to Conservation Element Policy B-1.2 wherein it states Hurricane Pines along S.W. loth Street should be preserved in part through sensitive site planning. Under the needs and recommendations of the Conservation Element, it states the following: The Hurricane Pines (five acres of Florida Scrub) site and the Delray Oaks (24 acres, Low Oak Hammock) are in private ownership and are ~¢~bject to development. Portions of these sites can be preserved through acquisition, (including the County Environmentally Sensitive lands Acquisition Program), exb-action (public site dedication provisions of the subdivision regulations), or through sensitive development under 'planned Developrner~t" concepts. An inventory was conducted by Palm Beach County to locate, identify, evaluate and rank examples of each of Palm Beach County's native landscapes -the Ecosystems [REF: Inventory of Native Ecosystems in Palm Beach County. Phase I!1 Report~. Based upon the findings of that Inventory, it was noted that Palm Beach County's native eco- systems are now even more endangered than its endangered species. Endangered meaning unlikely to survive without human intervention. There are so few sites where native ecosystems survive in Palm Beach County that if such eco-systems are to continue, all should be acquired, or at least protected. The Hurricane Pine Scrub is listed as a Iow priority on Palm Beach County's land acquisition list due to its relatively small size. Since the Hurricane Pine Scrub is located in the middle of an area to be developed, the question arose as to whether or not this ecosystem was still viable and worth saving, or if a portion of it could be cleared and developed. To answer that question, Daniel Austin PH.D. of Florida Atlantic University, Department of Biological Sciences was contacted to assess the current conditions of the site. To summarize, Dr. Austin walked the site and noted that a number of native animals and endangered plants are surviving in the eco-system. His recommendation is that the Hurricane Pine Scrub be acquired, managed and used as a passive recreation and educational site. If the Pine Scrub is not managed it will continue to under go succession and eventually change from pinelands to an oak-palmetto woodlands. Thus, the endangered species would no Iongersu~ive. For additional information see attached lette: from Dr. Austin. ~9~$.90 COLLC-GE OF SCIENCE DEPARTMENT OF BIOLOGICAL SCIENCES Phone: (407) 367-3320 Fax: (407) 367-2749 FLORIDA ATLANTIC UNIVERSITY ~.0. EiOX 30~1 I9 Nov. 1992 Ms. Janet Meekes 100 ~ l:rzrst Avenue City of DMmy Beach I~lmy Beach, FL 33'!. 4 Dear Ms. Meekes: As ~ our disc~sion on the phone recendy, I ~m supplying my id~u and impressions 6~ the +_3 acre parcel of land az the comer of SE 10th Street and US1 in Delray Beach. bio one lmows the long-term viability of small tracts of native vegetation such ~s this parcel of Sand Pine Scrub. From ~,hat we do know of this vegetation, without management it will continue to undergo succession and eventually change from apinelands to an oak-palmetto woodlands. This process is slow and usually takes decades. With management, the pineland may be maintained for an extended period. Eventually, it is thought~ the small gene pools of the species in these fragmented tracts degrades and the rarer species disappear. This is borne out by short-term observations and our knowIedge of genetics, but has not been the subject of long-term investigations. The eventual degradation of the tract fnay take several decades, perhaps even hundreds of years. In my opinion, thi~ srrmll example of native Florida Sand Pine Scrub vegetation would be well worth the expense to obtain, manage, and use as a passive recreation/education site. Not only would it provide an example of "pre-development" native vegetation for people in the area to learn from, but it provides a green reAief from urban~, tion that many citizens want. Doubtless the peopIe living in the surrounding area would be glad to have th~ green space. Moreover, there are a number of native animals that require this type vegetation to survive, and there are endangered plants on the si~. There will be problems in managing such a small parcel, but the benefits outweigh the costs in my opinion. To be managed properly, Scrub should be burned on intervals of 20-70 years. This will be a difficult task with houses as close as they are to this site. Alternate management techniques may be required in this instance. If I may be of further assistance with this or other parcels of land, please feel free to call on me. SLnce~ely, Daniel F. Austin, Ph.D. Professor independent assessment, funded by the developer, is recommended to determine the area of the environmentally sensitive land. Recommended Amendment to the Comprehensive Plan The Hurricane Pines site should continue to be addressed in the Comprehensive Plan, in a manner that will assure_preservation of the environmentally sensitive portions of the site, or mitigation of their loss through development. The City's position and program concerning the site should be expressed in a revision of policy B-1.2 as follows: Policy B-1.2 Any development proposal for the Hurricane Pines site along S.E. 10th Street shall be accompanied by a complete, independent assessment of the environmentally sensitive portions of the site. The assessment shall define the exact area of environmentally sensitive flora, and address the potential for preservation of the area. If it is determined by the City that preservation is not feasible, a condition of the development order will be for the developer to enter into a mitigation agreement with the City whereby the developer will donate land with a similar habitat to be preserved, or funds to be used for the purchase of similar habitat in the City or the management of existing conservation lands. The amount of the donation will be based on the appraised value of Hurricane Pines, and will equal the value of the environmentally sensitive area which will be lost through development. S:~adv\pinesl EAR-Based Comprehensive Plan Amendment In 1997, the City adopted a major Comprehensive Plan amendment based on the Evaluation and Appraisal Report. As part of that amendment, the subject of the Hurricane Pines site was addressed in the Analysis section of the text as follows: Existinq Use and the Potential for Conservation or Protection Hurricane Pines (currently 3 acres) continues in pdvate ownership and is subject to development. While portions of the site could be preserved through acquisition, or through development order conditions, its continued viability is questionable due to its small size. Acquisition through the Palm Beach County Environmentally Sensitive Lands Acquisition Program is not presently considered, and is unlikely in the future. Development order conditions would result in less than one acre being preserved. A possible alternative to preservation of the site is a form of mitigation banking, whereby a developer augments a similar habitat by purchasing land or funding management activities. Hurricane Pines is addressed in the Goals, Objectives and Policies section as follows: Objective B-1 The City shall undertake efforts, through the following policies, to protect natural reservations and environmentally sensitive areas. - _ Policy B-1.2 The City shall develop a program, in FY 97/98, to preserve the Hurricane Pines parcel along S.E. 10th Street to the extent feasible through sensitive site planning, or mitigate its development through a form of mitigation banking. CONCLUSION Hurricane Pines is privately owned and subject to development. Under City requirements, any development proposal will include a detailed environmental survey and a plan to preserve the pine scrub ecosystem. Since the viability of the pine scrub is questionable, an alternative to preservation should be investigated. One reasonable alternative is a form of mitigation agreement. A developer would donate funds to be used in the purchase of land with a similar habitat or management of existing conservation lands, such as Leon Weekes Environmental Preserve. The amount of the donation would be based on the appraised value of the environmentally sensitive land. Another alternative would be for the developer to donate a parcel of land with similar habitat. An MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM/0~- REGULAR MEETING OF OCTOBER 20, 1998 ORDINANCE NO. 24-98 (ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 98-1) DATE: OCTOBER 15, 1998 This is second reading and a public hearing for Ordinance No. 24-98 which adopts Comprehensive Plan Amendment 98-1, including: (i) Changes related to the adoption of the Seacrest/Del-Ida Park Neighborhood Plan, including text amendments and Future Land Use Map (FLUM) amendments; (2) Changes related to the preparation of a program to preserve or mitigate the development of Hurricane Pines, an environmental site along S.E. 10th Street; and (3) Corrective FLUM amendments related to the road alignment in the Citation Club and Hammock Reserve developments. The Planning and Zoning Board considered Amendment 98-1 at a public hearing on June 15, 1998, at which there was considerable discussion concerning the FLUM amendments associated with the Seacrest/Del-Ida Park Neighborhood Plan, as well as the related downzonings and their effect of creating non-conforming uses. The Board recommended denial of the Seacrest FLUM amendments and related rezonings on a 5 to 2 vote (Archer and Schwartz dissenting), and ultimately voted 7-0 to recommend that Amendment 98-1 be transmitted without the Seacrest/Del-Ida FLUM amendments. On first reading of the ordinance and the transmittal hearing on July 21, 1998, the City Commission voted 4 to 0 (Mr. Schmidt abstaining) to accept the staff recommendation and transmit Comprehensive Plan Amendment 98-1 in its entirety to the State for review. The Department of Community Affairs conducted a preliminary review and subsequently determined there was no need for Amendment 98-1 to be formally reviewed for consistency with F.S. Chapter 163 or Rule 9-J5 of the Florida Administrative Code. Two comments were made by the Treasure Coast Regional Planning Council with respect to proposed changes to Conservation Element Policy B-1.2 (Hurricane Pines). These are addressed in the attached staff report. Recommend approval of Ordinance No. 24-98 on second and final reading. ref: agmemo7 ~~ FORM 8B MEM_0.RANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS t'Ot~N IY ,~AME OF POI.ITICAL ,~UBDIVISION _..ELECTIVE ~ APPOINTIVE WHO MUST FILE FORM This form is for u.~e b.¥ an.~ person serving at the coum.~, city, or other local level of go~ernmem on an appointed or elected board, council, commission, aulhorhy, or committee. It applies equally to members of advisory and non-advisory bodies who are presented ~'ith a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the lab' ~'hen faced ~'ith a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION t12.3143, FLORIDA STATUTES ELECTED OFFICERS: A person ho[ding electixe county, municipal, or other local public office MUST ABSTAIN from voting on a measure ~'hich inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a goYernmem agency) by whom he is retained. in either case, )'ou should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on ~'hich you are abstaining from voting; eh# WITHIN I5 DAYS ALTER THE VOTE OCCURS by completing and tiling this form with the person responsible for recording tht minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appofntive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the'of ricer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest'. CE FORM #~ - 141 PAC~ IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before parlicipating. · You should complele ~he form and file it Within !$ days after the vote occurs with ~he person responsible for.recording the minutes of ~he meeting, who should incorporate the form in the minutes. DISCLOSURE OF LO~AL OFFICER'S INTEREST (a) A measure came or will come before my agency which (check one) L.. inured lo m.v special pri~ate gain; or (b) The measure before my asency and the nature of my imerest in the measure is as follows: , by v,.hom ! am retained. Date led Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES {!12.31'/ (198~), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $:~,000. CE FORM lib. 141 PAGE TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER D~~R~TO~ OF PLANNING AND ZONING PAUL DOR ClPAL PLANNER MEETING OF OCTOBER 20, 1998 ** PUBLIC HEARING ** ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 98-1 The action requested of the City Commission is that of adopting Comprehensive Plan Amendment 98-1. The City Commission initiated Comprehensive Plan Amendment 98-1 on May 5, 1998. The proposed amendment contains: · Changes related to the adoption of the Seacrest/Lake Ida Neighborhood Plan, including text amendments and Future Land Use Map amendments. · Changes related to the preparation of a program to preserve, or mitigate the development of, Hurricane Pines (environmental site along S.E. 10th Street). · Corrective Future Land Use Map (FLUM) amendments related to the road alignment in the Citation Club and Hammock Reserve developments. The FLUM amendments consist of two parcels, each containing 0.36 acres, one of which will be changed from TRN (Transitional) to LD (Low Density Residential), and the other from LD to TRN. On July 7, 1998 at a public hearing Comprehensive Plan Amendment 98-1 was transmitted to the Florida Department of Community Affairs (DCA), and Treasure Coast Regional Planning Council for review. This meeting was also the first reading of the adoption Ordinance (No. 24 -98). The Treasure Coast Regional Planning Council (TCRPC) reviewed the amendment at their August 21, 1998 meeting and forwarded their comments to DCA. While the TCRPC did not recommended DCA conduct a formal review they had two comments with respect to proposed changes to Conservation Element Policy B-1.2 (Hurricane Pines). One comment emphasizes the value of small parcels in protecting endangered City Commission Documentation Adoption of Comprehensive Plan Amendment 98-1 Page 2 and threatened species (especially plants), and as an education and research venue. The other comment questions the desirability of allowing money which is donated to mitigate the effects of destroying native habitat to be utilized to manage existing conservation lands, rather than purchase similar habitat. However, the policy as proposed includes options to donation similar habitat, or donate funds to purchase similar habitat in the City of Delray. These are the preferred options and would be pursued if available. However, in absence of available land the policy provides the option of contributing to the maintenance of existing areas as a mitigation alternative. As there were no requests for formal review from either the Treasure Coast Regional Planning Council or any affected person DCA has determined the proposed plan amendment does not need to be formally reviewed for consistency with Chapter 163, Florida Statutes, nor Rule 9-J5, of the Florida Administrative Code. A letter affirming the waiver of formal review was received on August 26, 1998 (copy attached). The amendment is now ready for adoption by the City Commission. By motion, approve adoption Ordinance 24-98 on second reading. Attachments: · DCA Response · Treasure Coast Regional Planning Council Response ° Ordinance 24-98, including Exhibit "A" consisting Amendment 98-1 of Comprehensive Plan S :\adv\co m p\971 CC3 STATE OF DEPARTMENT OF COMMUNITY AFFAI "Helping Floridians create safe, vibrant, sustainable communities" LAWION CHILES Governor RS JAMES F. MURLEY Secretary August 26, 1998 ECEIVED AU$ 2 8 1998 ..,,,,,,,,~o,,. ~,~.~ gApe, in, Mayor City of Delray Beach 100 Northwest 1 ~ Avenue Delray Beach, Florida 33444 Dear Mayor Alperin: The Department has conducted a preliminary review of the City's proposed comprehensive plan amendment received on July 29, 1998, DCA Reference No. 98-1. The Department has determined that the proposed plan amendment need not be formally reviewed for consistency with Chapter 163, Florida Statutes, and Rule 9I-5, Florida Administrative Code. In addition, the Department has not received any recommendation for review fi.om the Treasure Coast Regional Planning Council or any affected person regarding the proposed amendment. Therefore, the proposed amendment will not Recommendations and Comments report will be waived. immediately adopt the amendment. be reviewed and the Objections, The local government may proceed to Also, pursuant to Section 163.3189(2)(a), F.S., the Department recommends that the County include the following language in the adoption ordinance regarding the effective date of the adopted amendment. "The effective date of this plan amendment shall be: The date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Section 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 Section 163.3184, F.S." 2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.state.fl.us/comaff/dca.html FLORIDA KEYS GR£[N DS/AMP SOUTH FLORIDA RECOVEI~Y OFFIC~ Area of C/~tical Stale Concern Field OfficeAsea of Critical State Concern Field Office P.O. Box 4022 2796 Overseas Highway, Suite 212 155 E~ Summe'lin 8600 N.W. 3~h $~ee~ ~ralhoo, Florida 330S0-2227 Batlow, F~ida 33830-4641 Miami, Florida 33159-4022 Honorable Jay Alperin August 26, 1998 Page Two Further, the Department's notice of intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice pursuant to Section 163.3184(9), F.S. This letter should be made available for public inspection. If you have any question, please contact Courtney Harris, Planning Evaluation Specialist, overseeing the review of the amendment, at (850) 487-4545. Sincerely, Charles Gauthier, AICP Growth Management Administrator Bureau of Local Planning CG/ch CCi Mr. Paul Dorling, Acting Director, Planning and Zoning Department Mr. Michael Busha, AICP, Executive Director, Treasure Coast Regional Planning Council st. lucie [lecture plann ncj council August21,1998 Mr. Paul Dorling Acting Director of Planning and Zoning City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 Subject: City of Delray Beach Comprehensive Plan Draft Amendments - DCA Reference No. 98-1 Dear Mr. Dorling: Pursuant to the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Florida Statutes, the Council reviewed the above- referenced comprehensive plan amendments at its meeting on August 21, 1998. A review report was approved by the Council for transmittal to the Department of Community Affairs as required by Section 163.3184, Florida Statutes. A copy of the approved report is attached for consideration by your governing body prior to adoption of the amendments. Council will consider your response to any objections or comments contained in this report as an important factor in making a consistency recommendation on the adopted amendments. Please send one copy of all materials related to these amendments directly to our office once they are adopted by your governing body, pursuant to Chapter 9J-11, Florida Administrative Code. If you have any questions, please feel free to call me. Sincerely, Planning Director TLH:wh Attachment RECEIVED AUG ? 5 1998 PLANNING & ZONING TREASUKE COAST REGIONAL PLANNING COUNCIL MEMOKANDUM RECEIVED AUG ? i998 PLANNING & ZONING To: Council Members AGENDA ITEM 5D From: Staff Date: August 21, 1998 Council Meeting Subject: Local Government Comprehensive Plan Review Draft Amendments to City of Delray Beach Comprehensive Plan DCA Reference No. 98-1 Introduction The Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Florida Statures, requires that the Council review local government comprehensive plan amendments prior to their adoption. Under the provisions of this law, the Department of Community Affairs (DCA) prepares an Objections, Recommendations, and Comments (ORC) Report on a proposed amendment only if requested to do so by the local government, the regional planning council, or an affected person or if an ORC Report is otherwise deemed necessary by the DCA. If the local government requests DCA to prepare an ORC Report, then the Council must provide DCA with its own objections, recommendations for modification, and comments on the proposed amendment within 3 0 days of its receipt. Background The City of Delray Beach has transmitted proposed amendments to the City Comprehensive Plan. The City has not requested that the amendments be formally reviewed. Council's responsibility is to review the amendments and to notify the DCA if a formal ORC Report should be prepared. Evaluation The proposed amendments include: 1) text and Future Land Use Map (FLUM) amendments to implement the Seacrest/Del Ida Neighborhood Plan, 2) text amendments to promote the preservation or mitigation of development of an environmental site know as Hurricane Pines, and 3) corrective FLUM amendments related to the road alignment in the Citation Club and Hammock Reserve developments. Future Land Use Map Amendments Policy A-5.5 in the City's Housing Ele~ent called for the development of neighborhood plans to address deteriorating conditions in several areas of the City. Among the issues the plans are to address is the appropriateness of existing FLUM and zoning classifications. Plans are to be prepared for four neighborhoods, which were prioritized. The Seacrest/Del Ida Plan was to be first. The Neighborhood Plan has now been completed and adopted. One of the objectives stated in the Plan is the elimination of problems associated with small lot duplex and multi-family development. In order to prevent future development of this nature, the FLUM is to be amended to redesignate 35 lots (total of 9.1 acres) from Medium Density to Low Density Residential and 7 lots (total of 3.2 acres) from Transitional to Low Density Residential (see attached maps). Corrective amendments are to be made to two small parcels of land (total 0.7 acres) as a result of the final road alignment of Orchard Lane in the Citation Club and Hammock Reserve developments. One parcel will be redesignated from Transitional to Low Density Residential and the other from Low Density Residential to Transitional (see attached map). Text Amendments 1. Policy A-5.5 of the Housing Element has been amended to delete reference to the Seacrest/Del Ida Neighborhood Plan, which has been completed and adopted. Policy B-1.2 of the Conservation Element has been amended to reflect the City's efforts to preserve the Hurricane Pines ecosite. This three-acre pine scrub site was identified in the 1988 "Inventory of Nature Ecosystems in Palm Beach County .... ". It was ranked as a second priority for acquisition and is not presently under consideration for purchase through the County program. The City debated the disposition of the site during its EAR process but came to no ultimate decision regarding the future of the site. The site is privately owned and subject to development. The City has elected to revise its existing policy regarding this site to be more specific. The previous policy made reference to preservation through sensitive site planning or mitigating its development through mitigating banking. The proposed revision indicates that any proposed development for the site will require a detailed environmental assessment. If preservation is not feasible, the development order will require the developer to enter into a mitigation agreement with the City which will require the developer to devote land with a similar habitat to be preserved or funds to allow the purchase of similar habitat or the management of existing conservation lands. 2 Extrajurisdictional Impacts These amendments were processed by the Palm Beach County Intergovernmental Plan Amendment Review Committee on May 15, 1998. According to the Clearinghouse Coordinator, no objections have been received regarding the amendments. Effects on Significant Regional Resources or Facilities Analysis of the proposed amendments indicates that they would not have adverse effects on significant regional resources or facilities. Objections, Recommendations for Modification, and Comments A. Objections 1. None B. Comments 1. The City is commended for its past and current efforts to preserve the Hurricane Pines site, located along SE' 10th Street between U.S. 1 and Dixie Highway. According to the background mater/als provided with the proposed amendment, there was a good deal of sentiment during the EAR process to delete the site from the list of those to be afforded special protection because the site would yield limited environmental benefits and may be impossible to sustain as a viable ecosystem. The Strategic Regional Policy Plan points out, however, that the protection of small parcels of natural communities in urban areas can be very important to protecting endangered and threatened species, especially plants. Significant populations of endangered and threatened species have been discovered on very small sites in the Region. Such sites may be of greater importance in the future as additional habitat is lost. Biological diversity is very important. Such sites can also be valuable for local educational and research purposes. The proposed changes to Policy B-1.2 relating to the Hurricane Pines site are desirable with one exception. The policy would allow the City to permit development on this site without preservation if the developer donates funds to be used for the management of existing conservation lands. Money which is donated to mitigate the effects of destroying native habitat should be used for purchasing other habitat. While the management of such lands is an important component of preservation, other sources should be utilized to fund management. Recommendation Based on the lack of identified extrajurisdictional impacts and impacts to significant regional resources or facilities, Council does not recommend that an ORC Report be prepared. Council should adopt the above comments and approve their transmittal to the Department of Community Affairs Attachments I RECEIVED CITY CLERK STATE OF FLORIDA , . DEPARTMENT OF COMMUNITY AFFAIRS "Helping Floridians create safe, vibrant, sustainable communities" BUDDY MacKAY JAMES F. MURLEY Governor Secretary December 30, 1998 The Honorable Jay Alperin, Mayor City of Delray Beach 100 N.W. 1 ~' Avenue Delray Beach, Florida 33444 Dear Mayor Alperin: The Department has completed its review of the adopted Comprehensive Plan Amendment for the City of Delray Beach, adopted by Ordinance No. 24-98, on October 20, 1998, (DCA No. 98-1), and determined that it meets the requirements of Chapter 163, Part II, Florida Statutes (F.S.), for compliance, as defined in Subsection 163.3184(1)(b) F.S. The Department is issuing a Notice of Intent to find the plan amendments In Compliance. The Notice of Intent has been sent to The News for publication on December 31, 1998. Please note that a copy of the adopted City of Delray Beach Comprehensive Plan Amendment and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of Delray Beach, City Hall, Planning and Zoning Department, 100 Northwest First Avenue, Delray Beach, Florida 33444. The Department's notice of intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed. )uqy affected person may file a petition with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9), F.S. 2555 SHUMARD OAK BOULEVARD * TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-8466 FAX' (850) 921-0781/Suncom 291-0781 Internet address: http:llwww.state.fl.uslcomaffl FLORIDA KEYS Area of Critical State Concern Field Office 2796 Overseas Highway, Suite 212 Marathon, Florida 33050-2227 GREEN SWAMP Area of Cdtlcal State Concern Fietd Office ~05 East Main Street, Suite 104 ~artow, Florida 33830-4641 Honorable Jay ,Mperin, Mayor December 30, 1998 Page Two If this in compliance determination is challenged by an affected person, you will have the option of mediation pursuant to Subsection163.3189(3)(a), F.S. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. If you have any questions, please contact Courtney Harris, Planning and Evaluation Specialist, or Roger Wilburn, Community Program Administrator at (850) 487-4545. Sincerely,' , /,// ~f~ Charles Gauthier, AICP Growth Management Administrator Bureau of Local Planning CG/ch Enclosures: cc: Mr. Mr. Notice of Intent Paul Dorling, AICP, Principle Planner Michael Busha, AICP, Executive Director, Treasure Coast Regional Planning Council STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE DOCKET NO. 98-I-NOI-5008-(A)-(I) The Department gives notice of its intent to find the Amendments to the Comprehensive Plan for the City, of Delray Beach, adopted by Ordinance No. 24-98 on October 20, 1998, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted City of Delray Beach Comprehensive Plan Amendment and the Department's Objections, Recommendations and Comments Report, (if any), are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of Delray Beach, City Hall, Planning and Zoning Department, I00 Northwest First Avenue, Delray Beach, Florida 33444. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an admin- istrative hearing to challenge the proposed agency determination that the Amendments to the City of Delray Beach Comprehensive Plan are In Compliance, as defined in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Rule 28-106.201, F.A.C. The petition must be filed with the Agency Clerk, Depamnent of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, and a copy mailed or delivered to the local govemment. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Sec- tions 120.569 and 120.57, F.S. Ifa petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least twenty (20) days before the final hearing and must include all of the information and contents described in Rule 28-106.201, F.A.C. A petition for leave to inter- vene shall be filed at the Division of Administrative Hearings, Department of Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550. Failure to petition to intervene within the allowed time frame constitutes a waiver of any fight such a person has to request a hearing under Sections 120.569 and 120.57, F.S., or to participate in the administrative hearing. After an administrative heating petition is timely filed, mediation is available pursuant to Sub- section 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an admimstrative hearing. ~ Tl~omas Beck, Chief ' ' Bureau of Local Planmng Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Boca Raton News, Wednesday, October 14, 1998 NOTICE OF COMPREHENSIVE PLAN CHANGE (COMPREHENSIVE PLAN AMENDMENT 98-1) CITY OF DELRAY BEACH, FLORIDA The City Commission of the City of Delray Beach proposes to adOPt the following ordinance: ORDINANCE NO. 24-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CiTY OF DELRAY BEACH, FLORIDA ADOPTING COMPREHENSIVE PLAN AMENDMENT 98-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION AC'P', FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 98-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. . A public hearing on the ordinance will be held on TUESDAY, OCTOBER 20, 1998, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida· At this meeting the City Commission will accept public testimony and will consider the adoption of Comprehensive Plan Amendment 98-1 .. The proposed TEXT AMENDMENTS tO the Comprehensive Plan· address ..th:~:fi3i'lowing: ', ~:~ · ~ Changes related to the adoption of the Seacrest/Del-lda Park Neighborhood Plan; and ~ Changes related to the preparation.of a program to presel"i~e ~ mitiga~lie devel~met~:~_~.. Hurricane P~nes environmental s~te located on the south rode of S.E.-!Oth!~t~n;~;~.-.~ Dixie and Federal Highways. ' - ~- .... ,':~' The proposed changes to the FUTURE LAND use MAP (FLUM) involve four areas of land as indicated below. PARCEL SIZE IN MAP LEGEND GENERAL LOCATION ACTION ACRES 1. Seacrest/Del-lda North side of N.E. 22nd Street, FROM: TRN (Transitional) , 3.23 Neighborhood Plan Area approximately 110 feet East of TO: LB (Low Density Residential Seacrest Boulevard. 0-5 du/acreI 2. SeacrestJDet-lda A parcel of land lying between N.E. FROM: MD (Medium Densibj 9.05 Neighborhood Plan Area 14th Street (Lake Avenue) and Residential 5-12du/acre) .. Atlantic High School and between TO: LB (Low Density Residential N.E. 3rd Avenue and Dixie Highway. 0-5 alu/acre) 3. Hammock Reserve A triangular parcel of land located FROM: TRN (Transitional) 0.36 (triangular parcel related along Orchard Lane within TO: LD (Low Density Residential to road alignment) Hammock Reserve which is. located on the east side of Military Trail, 0-5alu/acre south of Linton Boulevard. 4. Citation Club A triangular parcel of land located 0~36 (triangula~ parcel related along Orchard Lane within Citation FROM: LB (Low Density Residential to road alignment) Club which is located on the east 0-5alu/acre side of Military Trail, south of - ' I0: TRN (Transitional) Unton Boulevard. All interested parties are invited to attend the public headng and comment up6n the Comprehensive Plan Amendment 98-1 or submit comments in writing on or before the date of this hearing to the Planning and Zoning Department. Copies of the proposed amendment to the Comprehensive Plan are available at the Delray Beach Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Florida 33~.~~. (Phone 561/243-7040), between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A .PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD. PURSUANT TO E S. 286.0105. Published: Boca Raton News; CITY OF DELRAY BEACH October 14, 1998 Alison MacGregor Harty Ad//776341 City Clerk NOTICE OF COMPREHENSIVE PLAN CHANGE (COMPREHENSIVE PLAN AMENDMENT 98-1) CITY OF DELRAY BEACH, FLORIDA The City Commission of the City of Delray Beach proposes to adopt the following ordinance: ORDINANCE NO. 24-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 98-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT" FLORIDA STATUTES SECTIONS 163.3161 , THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 98-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. A public hearing on the ordinance will be held on TUESDAY, OCTOBER 20, 1998, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. At this meeting the City Commission will accept public testimony and will consider the adoption of Comprehensive Plan Amendment 98-1. The proposed TEXT AMENDMENTS to the Comprehensive Plan address the following: ** Changes related to the adoption of the Seacrest/Del-Ida Park Neighborhood Plan; and Changes related to the preparation of a program to preserve or mitigate the development of the Hurricane Pines environmental site located on the south side of S.E. 10th Street between Dixie and Federal Highways. The proposed changes to the FUTURE LAND USE MAP (FLUM) involve four areas of land as indicated below. INSERT MAP INSERT LRGEND Ail interested citizens are invited to attend the public hearing and comment upon Comprehensive Plan Amendment 98-1 or submit comments in writing on or before the date of this hearing to the Planning and Zoning Department. Copies of the proposed amendment to the Comprehensive Plan are available at the Delray Beach Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: The News October 14, 1998 CITY OF DELRAY BEACH Alison MacGregor Harty City Clerk Instructions to Newspaper: Per Florida Statutes, the minimum size of this ad must be no less than 2 columns wide by 10 inches long. The headline (NOTICE OF COMPREHENSIVE PLAN CHANGE / (COMPREHENSIVE PLAN AMENDMENT 98-1) / CITY OF DELRAY BEACH, FLORIDA) is to be in a type no smaller than 18 point. The ad is not to be placed in the legal/classified section of the newspaper. Thank you. ref:COMPADV2 LEGEND: D[LRAY BEACH MUNICIPAL CITY .II,/IITS ......... c E c · c 0 0 0 0 DEPA ,STATE OF FLORIDA RTMENT OF COMMUN Helptng Floridians create safe, vibrant, sustainable communities LAWTON CHILES Governor JAMES F. MURLEY Secretary August 26, 1998 cs-: Cc.-e,3 Honorable Jay Alperin, Mayor City of Delray Beach 100 Northwest 1" Avenue Dekay Beach, Florida 33444 Dear Mayor Alperin: The Department has conducted a preliminary review of the City's proposed comprehensive plan amendment received on July 29, 1998, DCA Reference No. 98-1. The Department has determined that the proposed plan amendment need not be formally reviewed for consistency with Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code. In addition, the Department has not received any recommendation for review from the Treasure Coast Regional Planning Council or any affected person regarding the proposed amendment. Therefore, the proposed amendment will not Recommendations and Comments report will be waived. immediately adopt the amendment. be reviewed and the Objections, The local government may proceed to Also, pursuant to Section 163.3189(2)(a), F.S., the Department recommends that the County include the following language in the adoption ordinance regarding the' effective date of the adopted amendment. "The effective date of this plan amendment shall be: The date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Section 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 Section 163.3184, F.S." 2555 SHUMARD OAK BOULEVARD ,, TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.state.fl.us/comaff/dca.html FI.O~IDA KEYS GR[EN SWAMP SOUTH FLORIDA RECOVERY OFFICE Area of Cdt/cai Lte Concern Fh~ld O~ce Area of Critical Slate Concem Field Office P.O. Box 4022 27% Chtmea~ Highway, Suite 212 1SS [~ Summedin 8600 N.W. 361h Street Marathon, Flodda 33050-2227 Barrow, F~ida 338304641 Miami, Flodda 331594022 Honorable Jay Alperin August 26, 1998 Page Two Further, the Department's notice of intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice pursuant to Section 163.3184(9), F.S. This letter should be made available for public inspection. If you have any question, please contact Courtney Harris, Planning Evaluation Specialist, overseeing the review of the amendment, at (850) 487-4545. Sincerely, Charles Gauthier, AICP Growth Management Administrator Bureau of Local Planning CG/ch CC: Mr. Paul Doffing, Acting Director, Planning and Zoning Department Mr. Michael Busha, AICP, Executive Director, Treasure Coast Regional Planning Council MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~¢ 'l AGENDA ITEM #/0~- REGULAR MEETING OF JULY 21, 1998 ORDINANCE NO. 24-98 (FIRST READING & TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 98-1) JULY 17, 1998 This is first reading of Ordinance No. 24-98 which will ultimately adopt Comprehensive Plan Amendment 98-1, and a continuation of the transmittal hearing. Originally scheduled for July 7th, the Commission honored a request from the Seacrest Homeowners Association and approved a continuance of the hearing to July 21st at 7:00 p.m. Comprehensive Plan Amendment 98-1 includes: (1) Changes related to the adoption of the Seacrest/Del-Ida Park Neighborhood Plan, including text amendments and Future Land Use Map (FLUM) amendments; (2) Changes related to the preparation of a program to preserve, or mitigate the development of, Hurricane Pines (environmental site along S.E. 10th Street); and (3) Corrective FLUM amendments related to the road alignment in the Citation Club and Hammock Reserve developments. The Planning and Zoning Board considered Amendment 98-1 at a public hearing on June 15, 1998, at which there was considerable discussion concerning the proposed FLUM amendments associated with the Seacrest/Del-Ida Park Neighborhood Plan, as well as the related downzoning and their effect of creating non-conforming uses. The Board recommended denial of the Seacrest neighborhood FLUM amendments and associated rezonings on a 5 to 2 vote (Archer and Schwartz dissenting), and ultimately voted 7-0 to recommend that Comprehensive Plan Amendment 98-1 be transmitted with the exception of the Seacrest/Del-Ida Park FLUM amendments. Staff recommends approval of Ordinance No. 24-98 on first reading and that the Commission authorize transmittal of Comprehensive Plan Amendment 98-1 in its entirety to the State for review. ref:agmemol2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ('OUN NAME OF UOARD, (Y, JUN('II., COMMISSION, Al.; I HOR I'1 Y, OR COMMI]'! EE 'l HF IL")ARI), ('OU NCn.. COMMISSION. Al.j1HORII~' OK COMMI¥1EE ON 9.'HICH I .C, ERVE IN A l.!NI1 /~CI'IY O COUNTY r~ O1 HER I.OCAI. AGENCY NAME O1- POI,ITICAL SUBDIVISION: MY POSITION f.. E LECTIV E O APPOINTIVE WHO MUST FILE FORM 8B This form is for usc by any person ser,~ing at Ihe count)', city, or other local lo'el of go~ernmen.t on an appointed or elected board. council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented ~'ith a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law ~'hen faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the ro'erse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure a'hich inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal {other than a government agency) by whom he is retained. in either case, }xau should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; ant/ WITHIN !$ DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the'officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETINO AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a COnflict of interest'. CE FORM #la . 141 PA~7~ IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complele the form and file it within 15 days after the vote occurs with the person responsible for.recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOOAL OFFICER'S INTEREST (a) A measure came or will come before my agency which (check one) .... inured to my special pri~ate gain; or ' lb) The measure before my agency and the nature of my interest in the measure is as follows: , by ~'hom I am retained. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $$,000. CE FORM 88 - I.~1 PAGE TO: FROM DAVID T. HARDEN CITY MANAGER PAUL DORLING~J~CTING DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JULY 7, 1998 ORDINANCE NUMBER 24-98 - FIRST READING AND TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 98-1 ** PUBLIC HEARING ** The City Commission initiated Comprehensive Plan Amendment 98-1 on May 5, 1998. The proposed amendment contains: · Changes related to the adoption of the Seacrest/Lake Ida Neighborhood Plan, including text amendments and Future Land Use Map amendments. · Changes related to the preparation of a program to preserve, or mitigate the development of, Hurricane Pines (environmental site along S.E. 10th Street). · Corrective Future Land Use Map (FLUM) amendments related to the road alignment in the Citation Club and Hammock Reserve developments. The FLUM amendments consist of two parcels, each containing 0.36 acres, one of which will be changed from TRN (Transitional) to LD (Low Density Residential, and the other from LD to TRN. The Planning and Zoning Board considered this item at a public hearing on June 15, 1998. A three-part public hearing was held, with the following results: Citation Club/Hammock Reserve FLUM Amendments No public testimony was received. After discussion, the Board voted 7-0 to approve the proposed FLUM amendments, along with the associated rezoning requests. City Commission Documentation Ordinance Number 24-98 - First Reading and Transmittal of Comprehensive Plan Amendment 98-1 Page 2 Seacrest/Lake Ida Neighborhood FLUM Amendments Two property owners with duplexes in the area inquired if the duplexes would be allowed to remain. They were told that the duplexes could continue as non- conforming uses as long as they did not cease for 180 days. Two neighborhood residents, including the president of the Seacrest Homeowners Association spoke in favor of the FLUM amendments and rezonings. There was extensive discussion by the Board regarding the FLUM amendments and related down zoning and their effect of creating non-conforming uses. The discussion centered on the ability to rebuild the non-conforming structures should they be destroyed, and not be covered by LDR Section 1.3.8, Reconstruction Necessitated by An Act of God. If the destruction were deemed not be an "Act of God", the duplexes and multifamily structures could not be rebuilt, thereby creating a hardship for the property owners. It was noted by staff that all of the multi-family structures and most of the duplexes are already non-conforming with respect to density, lot size, lot area or unit size. As such, these structures are already subject to the provisions of LDR Article 1.3, NonConforming Uses, Lots and Structures. If these structures were destroyed by something other than an "Act of God", they could not currently be re-constructed. Rezoning will, therefore make no changes to the existing status of these structures with respect to the ability to rebuild. Two Board members also felt that creating non-conforming uses would create a disincentive to improve the properties. The Board recommended denial of the FLUM Amendments and associated rezonings on a vote of 5 to 2 (Archer and Schwartz dissenting). Text Amendments and Transmittal of the Overall Plan Amendment No public testimony was received related to the proposed text amendments, related to the adoption of the Seacrest Neighborhood Plan and the preparation of a program to preserve, or mitigate the development of the Hurricane Pines site. After discussion, the Board voted (7-0) to recommend that the City Commission transmit Comprehensive Plan Amendment 98-1, containing the material in the staff report except the FLUM amendments related to the Seacrest/Lake Ida neighborhood. By motion, approve Ordinance Number 24-98 on first reading and transmit Comprehensive Plan Amendment 98-1 for State review, containing the material in the attachment. City Commission Documentation Ordinance Number 24-98 - First Reading and Transmittal of Comprehensive Plan Amendment 98-1 Page 3 It should be noted that the recommended action differs from that of the Planning and Zoning Board, in that it includes the Seacrest/Lake Ida neighborhood FLUM amendments. Attachments: Proposed Comprehensive Plan Amendment 98-1 Planning and Zoning Board Staff Report S:~adv\comp\98CC1 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: June15,1998 AGENDA ITEM: IV A. RECOMMENDATION TO THE CITY COMMISSION REGARDING TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 98-1 I,TEM BEFORE THE BOARD: The item before the Board is that of recommending to the City Commission those items that should be transmitted to the Florida Department of Community Affairs as part of Comprehensive Plan Amendment 98-1. BACKGROUND: The City Commission initiated Comprehensive Plan Amendment 98-1 on May 5, 1998. In the initiation motion, all of the Planning and Zoning Board's recommendations of April 20, 1998 were approved. The proposed amendment contains: · Changes related to the adoption of the Seacrest/Lake Ida Neighborhood Plan, including text amendments and Future Land Use Map amendments. · Changes related to the preparation of a program to preserve, or mitigate the development of, Hurricane Pines (environmental site along S.E. 10th Street). · Corrective Future Land Use Map amendments related to the road alignment in the Citation Club and Hammock Reserve developments. RECOMMENDED ACTION: By motion, recommend that the City Commission transmit to the Florida Department of Community Affairs, proposed Comprehensive Plan Amendment 98-1, containing the material in the staff report and attachment. Attachment: Proposed Comprehensive Plan Amendment 98-1 S:~adv\comp\981PZ1 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~7 AGENDA ITEM #/0~- REGULAR MEETING OF JULY 7, 1998 ORDINANCE NO. 24-98 (FIRST READING & TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 98-1) JULY 2, 1998 Attached is information related to Ordinance No. 24-98 which will ultimately adopt Comprehensive Plan Amendment 98-1. As required, a public hearing was advertised for the purpose of accepting testimony as well as authorization to transmit the proposed amendment to the Department of Community Affairs for review. Subsequent to that, we received the attached letter from Mr. Christensen, President of the Seacrest Homeowners Association, asking for a postponement until the July 21st meeting. A good portion of Plan Amendment 98-1 is related to changes brought about by the adoption of the Seacrest/Del-Ida Park Neighborhood Plan, and the residents have followed the process closely. In the past, the Commission has generally seen fit to approve a postponement to the next regular meeting. In view of this, I recommend that the transmittal hearing for Comprehensive Plan Amendment 98-1 be continued to the date certain of July 21, 1998. ref:agmemol2 Ju1-02-98 09:22 Executive Office 561-274-2028 P.O1 SEACREST NEIGHBORHOOD ASSOCIATION 10 NORTHEAST 13TH STREET DELRA]~ BEACH, FLORIDA 33444 VIA FAX # 243-7166 July 2, 1998 City Manager David Harden Delray Beach City Hall 100 Northwest First Avenue Delray Beach, Florida 33444 Dear Mr. Harden: As discussed, the Seacrest Neighborhood Association is most interested in having a strong contingence at the City Commission Meeting, at which time the final adoption of the Seacrest/Del-Ida Neighborhood Plan will be held. If possible, we would request that the City Commission hearing for final adoption be scheduled during the July 21, 1998 Commission Meeting. We appreciate all of the efforts of the various city departments and staff that have provided valuable insight into development of our plan. We look forward to implementing the Seacrest/Del-Ida Neighborhood Plan as we have discussed. Thank you for your consideration on this matter. Sincerely, Scott Christensen cc: Mayor Alperin Commissioner Ellingsworth Commissioner Randolph Commissioner Egan Commissioner Schmidt RECEivED C 15' CLERK ORDINANCE NO.~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 97-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTIC~LY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 97-1" 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, 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 97-1"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on August 25, 1997, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 97-1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 97-1 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first ot two required public hearings on Comprehensive Plan Amendment 97-1 was held by the City Commission on September 9, 1997, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, a report of Objections, Recommendations and Comments (ORC) has been received from the State Department of Community Affairs and said report has been reviewed by the Planning and Zoning Board, as Local Planning Agency; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 97-1 was held on in accordance with statutory requirements. ~3-/ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. 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 2. 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 97-1", which is attached hereto as Exhibit "A" and incorporated herein by reference. ~--z Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 97-1". ?3-/ Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment to be 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 , 1997. I~ ~ MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 32-97 ?A . - NOTICE OF COMPREHENSIVE CHANGE (COMPREHENSIVE PLAN AMENDMENT CITY OF DELRAY BEACH, FLORIDA The City Commission of the City of Delray Beach, Florida will consider the following ordinance: -ORDINANCE NO. 24-98 AN ORDINANCE OF THE CITY,COMMISSION OF THE CITY OF 'DELRAY BEACH, ~=LORIDA ADOPTING COMPREHENSIVE-PLAN AMENDMENT 98-1 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 98-1" AND iNCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. A public hearing on the ordinance will be held on TUESDAY, JULY 7, 1998, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers'at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. The proposed TEXT AMENDMENTS to the Comprehensive Plan address the following: **Changes related to the adoption of the Seacrest/Del-lda Park Neighborhood Plan; and : **Changes related to the preparation of a program to preserve, or mitigate the development of the Hurricane Pines environmental site located on the south side of S.E. 10th Street between Dixie and Federal Highways. The proposed changes to the FUTURE LAND USE MAP (FLUM) involve four areas of land as indicated below. MAP LEGEND GENERAL LOCATION ACTION : ~ZE IN ACRES 1. Seaaest[~ldaPark Northsideo~N.F_22ndStr~t, FROM: Tl~(Transi~ 323 I~PlanAma ap~-aximaeiy110feetEaslol TO: LD(LowDensityResid~ Seac~t I~ler~. 0-5 du/a=e) 2. Seacmst~l-~ Aparcelollandlyingbelvee~N.E.FROM: MO(t,te(tumDe~ 9.~5 I~ Plan Ama 141h SIr~ (Lake Avenue) and Residea~ 5-12du/acm) N.E. 3~'k,~ue and 13ixie ~.= 0-5du/ac~) 3. Ha'r,m~Flesave At~angularparcelollandlocetedFROM: 'll~(Tansilia~) 036 4. Cita~Qub Atf, a~ularmrcaof~andlocated FR~: LD(L~I)a-,a'y~ 036 ade ol l~tary Trail, sou~ o! At this hearing the City Commission will accept public testimony and will consider the transmittal of Comprehensive Plan Amendment 98-1 to the State of Florida, Department of Community Affairs, for intergovernmental review and comment.' UpOn completion of that review, an additional advertised public hearing will be scheduled at which the City Commission will consider adoption of Comprehensive Plan Amendment 98-1. All interested parties are invited to attend the public hearing and comment Upon Comprehensive Plan Amendment 98-1 or submit comments in writing on or before the date of this hearing to the Planning and Zoning Department. copies of the proposed amendments to the Comprehensive Plan are available at the Delray Beach Pla, nning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 561/243- 7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. , PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED ATTHIS HEARING, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. i. PURSUANT TO F.S. 286.0105. PUBLISH: Boca Raton News June 29, 1998 Ad #774861 CITY OF DELRAY BEACH Alison MacGregor Harry City ,Clerk NOTICE OF COMPREHENSIVE PLAN CHANGE (COMPREHENSIVE PLAN AMENDMENT 98-1) CITY OF DELRAY BEACH, FLORIDA The City Commission of the City of Delray Beach will consider the following ordinance: ORDINANCE NO. 24-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 98-1 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 98-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. A public hearing on the ordinance will be held on TUESDAY, JULY 7, 1998, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. The proposed TEXT AMENDMENTS to the Comprehensive Plan address the following: ** Changes related to the adoption of the Seacrest/Del-Ida Park Neighborhood Plan; and Changes related to the preparation of a program to preserve, or mitigate the development of the Hurricane Pines environmental site located on the south side of S.E. 10th Street between Dixie and Federal Highways. The proposed changes to the FUTURE LAND USE MAP (FLUM) involve four areas of land as indicated below. INSERT MAP INSERT T,RGEND At this hearing the City Commission will accept public testimony and will consider the transmittal of Comprehensive Plan Amendment 98-1 to the State of Florida, Department of Community Affairs, for intergovernmental review and comment. Upon completion of that review, an additional advertised public hearing will be scheduled at which the City Commission will consider adoption of Comprehensive Plan Amendment 98-1. Ail interested parties are invited to attend the public hearing and comment upon Comprehensive Plan Amendment 98-1 or submit comments in writing on or before the date of this hearing to the Planning and Zoning Department. Copies of the proposed amendments to the Comprehensive Plan are available at the Delray Beach Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: The News June 29, 1998 CITY OF DELRAY BEACH Alison MacGregor Harty City Clerk ******************************************************************** Instructions to NewsDaDer: Per Florida Statutes, the minimum size of this ad must be no less than 2 columns wide by 10 inches long. The headline (NOTICE OF COMPREHENSIVE PLAN CHANGE / (COMPREHENSIVE PLAN AMENDMENT 98-1) / CITY OF DELRAY BEACH, FLORIDA) is to be in a type no smaller than 18 point. The ad is not to be placed in that portion of the newspaper where legal notices and classified advertisements appear. Thank you! ref:COMPADV1 LEGEND: DELRAY BEACH MUNICIPAL CITY LIMITS ......... 0 0 0 0 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: June 15, 1998 AGENDA ITEM: IV A. RECOMMENDATION TO THE CITY COMMISSION REGARDING TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 98-1 ITEM BEFORE THE BOARD: The item before the Board is that of recommending to the City Commission those items that should be transmitted to the Florida Department of Community Affairs as part of Comprehensive Plan Amendment 98-1. BACKGROUND: The City Commission initiated Comprehensive Plan Amendment 98-1 on May 5, 1998. In the initiation motion, all of the Planning and Zoning Board's recommendations of April 20, 1998 were approved. The proposed amendment contains: · Changes related to the adoption of the Seacrest/Lake Ida Neighborhood Plan, including text amendments and Future Land Use Map amendments. · Changes related to the preparation of a program to preserve, or mitigate the development of, Hurricane Pines (environmental site along S.E. 10th Street). · Corrective Future Land Use Map amendments related to the road alignment in the Citation Club and Hammock Reserve developments. RECOMMENDED ACTION: By motion, recommend that the City Commission transmit to the Florida Department of Community Affairs, proposed Comprehensive Plan Amendment 98-1, containing the material in the staff report and attachment. Attachment: Proposed Comprehensive Plan Amendment 98-1 S:\adv\comp\981 PZ1 TABLE OF CONTENTS CITY OF DELRAY BEACH Page 2 2 4 FUTURE LAND USE ELEMENT AMENDMENTS TO THE FUTURE LAND USE MAP Seacrest/Del Ida Neighborhood Citation Club/Hammock Reserve HOUSING ELEMENT Policy A-5.5 (Neighborhood Plans) CONSERVATION ELEMENT Needs and Recommendations Policy B-1.2 (Hurricane Pines) SUPPORT DOCUMENTS Appendix 1 2 3 4 Seacrest/Del Ida Neighborhood Plan Seacrest/Del Ida FLUM Amendments Citation Club/Hammock Reserve FLUM Amendments Hurricane Pines CITY OF DELRAY BEACH FUTURE LAND USE ELEMENT_i-~ AMENDMENTS TO THE FUTURE LAND USE MAP Amendments on 35 parcels of land (totaling 9.05 acres) from Medium Density Residential (5-12 du/ac) to Low Density Residential (0-5 du/ac). Amendments on 7 parcels of land (totaling 3.23 acres) from Transitional to Low Density Residential. All of these amendments are in conjunction with the SeacrestJLake Ida Neighborhood Plan. See Support Documents #1 (Seacrest/Del Ida Neighborhood Plan) and 2 (Seacrest/Del Ida FLUM Amendments) for a complete discussion of this item. Corrective amendments on 2 parcels of land totaling 0.72 acres. One parcel will be amended from Transitional to Low Density Residential; the other parcel will be amended from Low Density Residential to Transitional. Both amendments are related to the final road alignment in the Citation Club and Hammock Reserve developments, and will clean up the designations within the individual developments. See Support Document #3 (Citation Club/Hammock Reserve FLUM Amendments)-for a complete discussion of this item. HOUSING ELEMENT 1) Location: Pg. HO-30, Policy A-5.5 (Neighborhood Plans) Policy A-5.5 These areas shall be provided assistance through the development of a "neighborhood plan" which is directed toward the arresting of deterioration through physical improvements such as street lighting, street trees, landscaping, street repair, drainage improvements, sidewalks, parks and parking areas, installation or upgrading of water and sewer facilities, all of which may be provided through funding and/or assessment districts. The plans shall also address the appropriateness of existing land use and zoning classifications, traffic circulation patterns, abatement of inappropriate uses, and targeting of code enforcement programs. The plans shall be prepared by the Planning and Zoning Department, with assistance from the Community Improvement Department, and the Community Redevelopment Agency if located within the CRA district. At least one neighborhood plan shall be prepared each fiscal year. The priority for these plans is as follows: Page 2 [] Seacrest/Del Ida r~ AIlen/Eastview/Lake Avenues (to be addressed in the N. Federal Plan) Osceola Park El Delray Shores Change: REVISION Policy A-5.5 These areas shall be provided assistance through the development of a "neighborhood plan" which is directed toward the arresting of deterioration through physical improvements such as street lighting, street trees, landscaping, street repair, drainage improvements, sidewalks, parks and parking areas, installation or upgrading of water and sewer facilities, all of which may be provided through funding and/or assessment districts. The plans shall also address the appropriateness of existing land use and zoning classifications, traffic circulation patterns, abatement of inappropriate uses, and targeting of code enforcement programs. The plans shall be prepared by the Planning and Zoning Department, with assistance from the Community Improvement Department, and the Community Redevelopment Agency if located within the CRA district. At least one neighborhood plan shall be prepared each fiscal year. The priority for these plans is as follows: [] Allen/Eastview/Lake Avenues (to be addressed in the N. Federal Plan) -- 62 Osceola Park [] Delray Shores Comment: The Seacrest/Del Ida Neighborhood Plan, called for in this policy, has been completed and adopted. See Support Document #1 (Seacrest/Del Ida Neighborhood Plan) for a summary of the adopted work. Page 3 CONSERVATION ELEMENT 1) Location: Pg. CO-8, Needs and Recommendations NEEDS AND RECOMMENDATIONS Summarizing from the above, the folic~wing needs and recommendations are identified in the Conservation Element: · Continuation of the beach erosion control program. · Promotion of water quality and weed control improvements associated drainage canals. in Lake Ida and · Continued pursuit of water conservation programs. · Promotion of water conservation through public education. · Development and/or implementation of programs for the preservation of Delray Qaks, the Donnelley Tract, and FIND parcels 645 and 650. · Establishment of an interpretive trail at the Leon Weekes Environmental Preserve. · Development of a program to preserve a portion of the Hurricane Pines parcel or mitigate its development through a form of mitigation banking. - _ Change: REVISION NEEDS AND RECOMMENDATIONS Summarizing from the above, the following needs and recommendations are identified in the Conservation Element: · Continuation of the beach erosion control program. · Promotion of water quality and weed control improvements in Lake Ida and associated drainage canals. · Continued pursuit of water conservation programs. · Promotion of water conservation through public education. Page 4 Development and/or implementation of programs for the preservation of Delray Oaks, the Donnelley Tract, and FIND parcels 645 and 650. · Establishment of an interpretive trail at the Leon Weekes Environmental Preserve. Comment: completed. this item. The program addressing the future of Hurricane Pines has been See Support Document ¢4 (Hurricane Pines) for a complete discussion of Policy 13-1.2 The City shall develop a program, in FY 97/98, to preserve the Hurricane Pines parcel along S.E. 10th Street to the extent feasible through sensitive site planning, or mitigate its development through a form of mitigation banking. Change: REVISION Policy B-1.2 The City "~'"" ,4 .... '"'" a .......;" :Y a"//aS, +''' prcsen.'c *kc w,,.ri~...,.,-. ..d_e. velopment proposal for the Hurricane Pines site alon_a S.E. 'lOth Street shall be aq¢ompanied by a complete, independent assessment of the environmentally sensitive portions of the site. The assessment shall define the exact area of environmentally sensitive flora, and address the potential for preservation of the area. If it is determined .by the City. that preservation is not feasible, a condition of the development orderWill be for the developer to enter into a miti_aation agreement with the City. whereby the developer will donate land with a similar habitat to be preserved, or funds to be used for' the purqhase of similar habitat within the City or the management of existincj conservation lands. The amount of the donation will be based on the appraised value of Hurricane Pines, and will equal the value of the environmentally sensitive area which will be lost through development. Comment: completed. this item. The program addressing the future of Hurricane Pines has been See Support Document ¢fi4 (Hurricane Pines) for a complete discussion of S:~adv\comp\98-1 Page 5 SUPPORT DOCUMENT # 1 COMPREHENSIVE PLAN AMENDMENT 98-1 SEACREST/DEL IDA NEIGHBORHOOD PLAN (EXECUTIVE SUMMARY) geacre / Del-Ida Park Neighborhood Plan Adopted b~ the ¢it9 Commission March E, I998' Ci¢U of IPetrat~ Beach Delrat~ Beach Communi¢9 Redevelopment EXECUTIVE SUMMARY PURPOSE OF THE PLAN The "Residential Neighborhood Categorization Map," contained in the Housing Element of the Ci.b"s Comprehensive Plan, delineates neighborhoods throughout the Ciw according to the prevailing condition of private property. The main objectSve of Cne categorization is to identifw ',he level of need in, each neighborhood, which in turn will determine the strateg-ies to be taken in meeting that need. The Seacrest/Del-Ida Park Neighborhood is currently categorized as follows: Revitalization - Evidence q£ decline in condition qf structures and yards; increase in crimc; prop~'ty values staommnt or declining. The Comprehensive Plan calls for areas with t_his categorization to have a g-reater priority in terms of targeting of code enforcement and law enforcement operations; and to have a ~eater priority in the scheduling of capital improvements (infn-astructure) which Kill assist in arresting visual sigxas of deterioration. It also calls for the creation of a Neighborhood Plan. The overall purpose of this Neighborhood Plan is to capitalize on the strengths of the area and provide methods to deal w/th the weaknesses. The Plan provides the framework for the revitM~?.ation of the "Seacrest/DeI-Ida Park Neighborhood," bordered by the F.E.C. Railroad on the east; Swinton Avenue on the west; N-E 4th Street on the SOUth arid the ci~..r lililits to the north. The plan is organized into three sections, the "Lntroduction", "Existing Conditions" and "Plan Implementation". The "Introduction" ~ves a brief backg-rou_nd and h/sto~' of the area. It also describes the purpose of the Plan and Wes a brief sununarv of the planning process that helped shaped the contents of the Plan. The "Existing Conditions" section describes the neighborhood in terms of the factors that afiect the quaiiq' of life in the area. It contains a descrivtion of the ex/sling land uses, zordng, and ~uture Land Use Map desigmafions that apply. .knalvses of development patterns, occupancy status, propert3.' values, infras~-ucmre, code enforcement calls and crime problems are also included. The "Plan Implementation" section outlines the strateg~.' for the revitalization of the neighborhood, including the actions that the CitT will take to facilitate it. EXISTING CONDITIONS Developmenl Paffern The neighborhood area contains a mix of residential, commercial, office, and commurdtv facility land uses. The area also contains man), undeveloped parcels. The principal land uses are detached single-family residences and duplexes. Six hundred eighteen single- family parcels take up 64.19% of the land area and 108 duplex parcels take up 9.55%. Other major land uses in the area include 45 undeveloped parcels (8.15%) and 1 public school (Plumosa Elementa~ School) with 4.5%. There are several residential subdivisions withSn the neighborhood area, containing a mix of single-family, duplex and multi-family structures. Overall, the neighborhood contains 642 single-family residential units, 21 apartments/guest houses associated with single family, 240 duplex units and 94 multi-family un/ts for a total of 997 residential units. Within some parts of the neighborhood, there is an inappropriate mix of small-parcel duplex and multiple family development with single family residences. A major concern of neighborhood residents is the continuation and potential expansion of this development pattern. Over 75% of the residential un/ts in the areas where this development pattern occurs are rentals. Unfortunately, the combination of apathetic landlords and unmotivated tenants has resulted in manx; deteriorating duplex and multi-family properties. Lack of building maintenance (painting, window and door repair, etc.), inadequate and overg-ro~m landscaping, crowding and overparking are the major problems. Combined, these problems have a blighting influence on adjacent single family homes. As a result, many of these homes have also converted to rentals--the problems escalate and the blight spreads. Back-out parking onto adjacent roadways is the D,pical parking arrangement for duplex development within the neighborhood. In most cases, the number of spaces are maxin'dzed with the entire roadway frontage covered in asphalt without the benefit of landscaped SE.~,CRESI/DE£-IDA PARK .,'*'EIGHBORttOOD P?~N EX[ CLFFII Y 5UMM 4R'I breaks be~veen spaces.. This dogrades~, the appearance of the area, affects drainage and encourages speeding. Of the ] 08 duplex parcels within the neighborhood, 93 (86%) are non-conforming. Two parcels are located in the R-I-AA district, which does not permit duplexes. Of the remaining parcels, 65 (6150) are non-conforming with respect to lot size (i.e. less than 8,000 sq. ftc), 4 parcels (4%) do not meet minimum lot width requirements (i.e. less than 60 ft. wide) and 22 parcels (215;) are non-conforming with respect to unit size (i.e. less than 1,000 sq. ft.) Ail multi-family development within the neighborhood was found to be non-conforming with respect to densib'. Within the RL zone (3-6 du/acre), three multi- family buildings have densities between 19 and 27 du/acre. Within the RM zone (6-12 du/acre), 1 multi- family building has a density of 20 du/acre and four others have a densi~' of 40 du/acre. Two mullS-family buildings within the neighborhood are located in a zoning districts which does not permit the use. Both of these buildings are located in the Del-Ida Park subdivision, within the RO-Residentia]/Office zoning district. Historic Structures There are 105 buildings in the neighborhood over 50 vears old. Geo~m-aphically, 45 (42.95;,) are located within the Del-Ida Park Historic Distadct. The remaining 60 buildings are located oumide the historic district without protective regulations in place to preserve their historic value. Of these 60 buildings, 55 (52.45;) are located within the Del! Park subdivision. Code Enforcement The location of each proper~, ~dthin the neighborhood was examined ~dth respect to the number of incident calls generated. Generally, the number of incident calls was consistent in areas of the neighborhood ~ith primarily single-family residential development; whereas, the number of incident calls was si~m'Lificanfly higher in areas where duplex and mu]ti-family development is prevalent Adjacent Nuisances The neighborhood is adjacent to a number of properties and transportation facilities that affect the stabiliB' of the neighborhood. Directly to the east of the neighborhood is an existing cam_mercia] corridor x,dth uses including automotive sales a_nd repair, restaurants and strip commercial development The development fronts on Federal Highway, which puts the rear of buildings and sec'ice areas facing Dixie Highway and the neighborhood. These areas are visually unattractJve, and generate noise within the neighborhood. Traffic Issues Traffic problems within the neighborhood include speeding on NE 2nd and Swinton Avenues as well as on local residential streets, lack of obser~'ance at stop sigms, and non-residential through traffic to Federal Highway on NE 23"' Street, NE 14". Street and NE Street. Consideration must be given to eliminating excessive through-traffic on residential streets in the neighborhood which are headed for the commercial corridor. PLAN IMPLEMENTATION The implementation progTams and work elements of this plan are aimed at achieving three major objec~ves: Elimination of tlw problems associated with small lot duptex and multi-family development. Prohibi~'o~2 of n~, duplex and mul~family development north qf Ge~gc Bush Boulevard. Reduction of the negative impacts associated with through and non-residential vehicular traffic on local residential streets. Improvement of the physical appearance qf thc neighborhood through enhanced poIict_activi~/, code e~!forccmc?zt and beauff~caffon. FLUM Amendments and Rezonings It is the intent of this plan that all new residenha] development or redevelopment, not located within the DeMda Park Historic District be single-family detached housing. FLUM and zoning desig-nations will be amended where necessary to support this goal. Within the Del-Ida Park RO and RL zoning districts, low dev~i~' multi-family and/or duplex development will continue to be permitted under the control of the Historic Preservation Board. Most varcels within the neighborhood area wil] retain their current FLUM and zoning designation. However, implementation of the neighborhood plan will reouire FLUiM amendment and/or rezonmg of some parcels in the area. The proposed Future Land Use Map and Zoning Map for the Neighborhood Area are attached. The proposed r-LUM amendments and rezonmgs include: SF_ACREST/DEL-IDA PARK NEIGHBORHOOD PI_,kN EXECLFFIIT SUM.MAR~ Amendment of FLUM desigmafion from "Medium Density Residential" to "Low Density Residential" and rezoning from RM to R-1-A of 34 parcels located on the east side of NE 3~° Avenue, north of NE 14th Street. Single-family zoning (Rd-AA) exists west of this area and six parcels to be rezoned are currentJy developed as single family homes.; ': _ Amendment of FLUM designation from "Transitional" to "Low Densit)' Residential" of 6 parcels and rezonmg from RL to R-I-AA of 2 parcels located on NrE 0_20 Street. The two parcels to be rezoned are the only properties in the area currently zoned RL. They are surrounded on three sides by single-family homes zoned R-I-.A~A,.; and Rezoning from RL to R-1-A of 134 parcels located east of NE 2-d Avenue (Seacrest Boulevard), between George Bush Boulevard and NE 13th Street. The area contains a mix of single-family homes, duplexes and multi-family structures. The areas to the north and west are zoned R-l-AA Single Family. Land Development Regulations Processing of LDR text amendments made necessary by the Neighborhood Plan will be initiated immediately following the adoption of the plan. As discussed in the "Existing Conditions" Section, there are a considerable number of non-conforming residential structures within the neighborhood. Additionally, many duplexes and multi-family buildings ~dll become non-conforming with respect to use as a result of the recommended rezonings. It is a goal of this Plan that residential properties in the neighborhood be upg-raded and improved. Article 1.3 of the LDR's, NONCONFORMING USES, LOTS ANT) STRUCTLrRES, places limits on expenditu_res for repair and maintenance of non-conforming uses and structures. In order to prevent further decay, an amendment to the LDR's wdll be irdtiated to increase or eliminate the current expenditure limits within the neighborhood. Traffic The following measures are recommended to help alleviate the problems associated with excessive through and non-residential vehicular traffic in the neighborhood: Install traffic calming measures (speed humps) on selected streets. At a minimum, speed humps should be installed on ,~ 13th Street, _NE 14th Street, NE 16~h Street, NE 22"'~ Street, Dixie Boulevard (between NE 2"0 Avenue and NE 3": Avenue) and NE 3~a Avenue (between George Bush Boulevard and NE 22~a Street). Install round- abouts and divided roadways on selected streets. Consideration may also be given to installing a temporary street closure at the NE 14*~ Street railroad crossing until these traffic calming devices are installed. Reduce the highway feel on local residential streets by removing additional pavement used for off- street parking on all single family homes and multi-family structures where possible. Evaluate the possibili~, of changing the caution signal to traffic light at Swinton Avenue and George Bush Boulevard. There is a need for stricter enforcement of speed limits on NE 2-a Avenue (Seacrest Boulevard) and S~inton Avenue as well as on local residential streets. Ban through truck traffic north of NE 4t~ Street on Swinton and NE 2~a Avenue (Seacrest Boulevard). Within this area, these are residential streets. This type of traffic should be using North Federal Highway, Cong-ress Avenue, or 1-95. Remove conflicting landscaping at the intersections where visibility is a problem. Require la~m maintenance companies to park in driveways where possible to avoid blocking traffic. Install improved signage to route people around the neighborhood to Federal Highwa?. Convert Lake Court back to two-way traffic flow. S~reetscape It is recommended that street_scape improvements be made to the neighborhood which includes additional street lights, street trees, repair of damaged sidewalks, the addition of new sidewalks, removal of illegal on- street parking, and the reconstruction of drainage swales. The Homeo~mers Associations should be involved in the location and design of all new facilities. Funding for the project would be shared by the City, CRA and the propert), o,amers. It is recommended that the neighborhood create a property improvement district which, in turn, would be the legal entit~, with which the City would create a partnership. The formation of a property improvement district would ~ve the o~mers a collective voice in improving their neighborhood. The district would contribute a portion of the moneys needed to pa)' for the improvements. This plan also recommends development of a progam to provide additional exterior lighting on private propert'y. Under this pro,am, the City and CRA would share the cost with individual proper~? o~mers 5L4CREFT/'DEI.-IDA PARK .NEIGHBORHOOD PL4N F-XECUTI:T 5UMMAR*Y to install a decorative pole light in the front yard. These lights would improve security in the neighborhood by filling in the dark spots bem'een street lights. Public Parking Lots As part of the overall streetscape prog-ram for the neighborhood, it is recommended that the CRA acquire one or more lots on each block within the higher density duplex/multi-family areas. These lots will be used for the construction of off-street parking lots for the residents. This will help alleviate many of the problems associated with the large number of back-out parking spaces on the street and provide opportunities to install additional landscaping and drainage. Del-ldo Park Residential/Office Districf In order to facilitate business development in the RO district, it is recommended that the CRA consider acquisition of one or more parcels to provide off-street parking. It is recommended that funding for this parking be provided by the C-'TvA and/or Cia,. The parking spaces would then be sold to adjacent properties who 'adsh to redevelop their properties or corn,err existing homes to norrresidential uses. Historic District Expansion It is the recommendation of this plan that a historic evaluation of the buildings in this area be conducted. If the results of the study indicate that it is warranted, the-historic district boundaries should be expanded north of George Bush Boulevard to include the Del1 Park subdivision. F.E.C. Railroad Buffer and Linear Park The appearance of the adjacent railroad right-of-way and Dixie Highway has a serious impact on the neighborhood. The CRA ~fill use a portion of the tax increment generated by new development and redevelopment of the North Federal Highway corridor for landscape buffers along the railroad. ,Ks a long-term goal, the CRA is exploring the possibiii~? of creating a linear park along the railroad tracks adjacent to NE 3,~' Avenue. This park would provide opportunities for passive recreation in the area and create a btuffer bet-ween the railroad and the single- family neighborhood to the west. Tne park would also enable the Ciq; to provide additional stormwater retention in the area. Construction of the park could be financed in part by the parks and recreation impact fees and tax increment revenues generated by new development a_nd redevelopment in the area and along the North Federal Fiighway corridor. In moving toward thL long-term ~oal. the CP, A should be prepared to purchase any properties m this area that become ax, affable in the short-term. First Steps Immediateh' following the adophon of this plan, processing of the Comprehensive Plan amendments, Future Land Use Map amendments, Land Development Regulations text amendments and rezorUngs required to implement the plan will begm. The CRA's Communitr Redevelopment Plan will also need to be revised to include the projects and prog-rams included in the Neighborhood Plan. Members of the Homeo~mers Associations who have participated in the development of this Plan should be~n to meet with other neighborhood residents to discuss the provisions of the Plan and gather support for the Special Assessment District. Since the capital improvements included in the Plan are not vet included in the 5-Year Capital Improvement progams for either the Ci~, or the CIL~_, these budgets -~dll need to be amended and dollars allocated for the various projects. Implementation of the capital improvements included in the Plan will first require the preparation of land surveys. This work element should be scheduled as soon as possible. ~rhen the surveys are_completed, the engdneering, desitin and detailed cost-estimates of individual project~ can begd~n as lime and funding becomes available. Other new prog-ra_ms contained in the plan will be developed and implemented as opportunities arise and funding becomes ax, affable. Funding Sources The City and CR_& will provide whatever support is available to assist in the implementation of this Neighborhood Plan. Funding for some public improvements may be available from the Ci~' or through the CK&'s tax increment generated by new development and redevelopment in the neighborhood and in the N. Federal Highway corridor. Other improvements may be financed in part through the estab~12shment of one or more special assessment districts created pursuant to the neighborhood plan. The CT~_& ~dll expend funds on behalf of the neighborhood in order to create the required Special Assessment Districts. SUPPORT DOCUMENT # 2 COMPREHENSIVE PLAN AMENDMENT 98-1 SEACREST/DEL IDA NEIGHBORHOOD FUTURE LAND USE MAP AMENDMENTS PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: June 15, 1998 AGENDA ITEMS: IV.A. 1. Future Land Use Map Amendments from TRN (Transitional) to LD (Low Density Residential, 0-5 units/acre) in pafl.;.-and from MD (Medium Density Residential, 5~12 units/acre) to LD (Low Density Residential, 0-5 units/acre)in part, in Conjunction with the Implementation of the Seacrest/Del-tda Park Neighborhood Plan, Generally Located Between Seacrest Boulevard and Dixie Highway and Between George Bush Boulevard and Atlantic High School. 1.a. Associated Rezonings from RL (Multiple Family Residential-Low Density) to R-l-AA (Single Family Residential) in parL from RM (Multiple Family ResidentiaFMedium Density) to R-1-A (Singte Family Residential) in part, and from RL (Multiple Famiiy Residential-Low Density) to R-1-A (Single Family Residential) in Conjunction with the Implementation of the Seacrest/Del-lda Park Neighborhood Plan, Generally Located Between Seaorest Boulevard and Dixie Highway and Between George Bush Boulevard and Atlantic High Schoot. GENERAL DATA: Owner .............................................. Various Applicant/Applicant ..........................City of Delray Beach, David Harden, City Manager Location ........................................... Between Seacrest Boulevard and Dixie Highway and Between George Bush Boulevard and Atlantic High Schoot. Property Size ................................... 38.36 Acres F.LU.M. Designation ....................... Transitional & Medium Densib' (5-12 units/acre) Proposed F.L.U.M. Designation ...... Low Density, (0-5 units/asre) Current Zoning ................................. RL (Multiple Family Residential-Low Proposed Zoning ............................. Adjacent Zoning .....................North: East: South: West: Existing Land Use ........................... Proposed Land Use ......................... Sewer Service ................................. Water Service .................................. Density) & RM (Multiple Family Residential-Medium Densib,) R-l-AA (Single Family Residential) & R-1-A (Single Family Residential) CF (Community Facilities) & R-l-AA CF, R-I-AA, SAD (Special Activities District), GC (General Commercial) & RO (Residential Office.~ CF, R-l-AA & RO R-t-AA, CF, RO & NC (Neighborhood Commercial) Seacrest/De!-Ida Neighborhood Future Land Use Amendments and Rezonings related with the implementation of the Sea~,rest/Det- ida Park Neighborhood Pian. n/a. n/a. ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation on proposed Future Land Use (FLUM) Amendments and Rezonings associated with the adopted Seacrest/Del-lda Park Neighborhood Plan. The Future land Use Map Amendments involve the following areas (See attached'Map. Legal descriptions for each area are contained in Appendix A): Area A: Future Land Use Map Amendment from TRN (Transitional) to LD (Low Density Residential 0-5 du/acre)--7 parcels (by ownership), located east of Seacrest Boulevard, north of NE 22nd Street. Area A contains a total of 3.23 acres. [] Area B: Future land Use Map Amendment from MD (Medium Density Residential 5-12 du/acre)to LD (Low Density Residential 0-5 du/acre)-35 parcels (by ownership), located north of NE 14th Street (Lake Avenue), between NE 3~d Avenue and the FEC Railroad. Area B contains a total of 9.05 acres. The proposed rezonings involve the following areas (See attached Map. descriptions for each area are contained in Appendix A): Legal [] Area C: Rezoning from RL (Multiple Family - Low Density) to R-l-AA (Single Family Residential)-2 parcels (by ownership) on NE 22 Street, east of Seacrest Boulevard. Area C contains a total of 1.13 acres. This area is contained within "Area A" above. [] Area D: Rezoning from RM (Multiple Family Residential - Medium Density) to R-1- -A (Single Family Residential)-14 parcels (by ownership) north of Plumosa Elementary School, between NE 3rd Avenue and the FEC Railroad. Area D contains a total of 3.1 acres. This area is contained within "Area B" above. [] Area E: Rezoning from RM (Multiple Family Residential - Medium Density) to R-l- A (Single Family Residential)-20 parcels (by ownership) north of NE 14th Street (Lake Avenue), between NE 3rd Avenue and the FEC Railroad. Area E contains a total of 5.5 acres. This area is contained within "Area B" above. [] Area F: Rezoning from RL (Multiple Family - Low Density) to R-1-A (Single Family Residential)-134 parcels (by ownership) east of Seacrest Boulevard between George Bush Boulevard and NE 14th Street. Area F contains a total of 26.08 acres. This area does not require a FLUM amendment. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 2 ',,;,;:: , BACKGROUND The "Residential Neighborhood Categorization Map," contained in the Housing Element of the City's Comprehensive Plan, delineates neighborhoods throughout the City according to the prevailing condition of private property. The main objective of the categorization is to identify the level o.f_need in each neighborhood. Specific strategies and programs and the degree to which these programs are implemented will depend upon this level of need. The SeacrestYDel-lda Park Neighborhood is currently categorized as follows: Revitalization - Evidence of decline in condition of structures and yards; increase in crime; property values stagnant or declining. Policy 5.5 of the Housing Element of the Comprehensive Plan requires the preparation of a Neighborhood Plan for areas within this category. The Seacrest/Del-lda Park Neighborhood Plan has been completed and was adopted by the City Commission at its meeting of March 3, 1998. The Neighborhood Plan included many recommendations aimed at the elimination of the problems associated with small lot duplex and multiple family development within the neighborhood. One recommendation was that all new residential development or redevelopment within the neighborhood, except in the Del-Ida Park Historic District, be limited to single-family detached housing. Although most of the neighborhood is zoned for single family development, duplex and multiple family units are currently allowed in several areas. The proposed _FLUM Amendments and Rezonings for these areas will implement the recommendations identified in the Neighborhood Plan. Other programs aimed at improving the physical appearance and security of the neighborhood are also included'in the Plan. Capital improvements will be funded through a partnership of the City, the CRA and the property owners. It is anticipated that traffic calming, streetscape and other improvements to the public spaces within the neighborhood will encourage additional private investment in the area. A strong sense of community spirit and neighborhood pride is already emerging as is evidenced by the high level of public participation in the neighborhood planning process. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: I-1 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 Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 3 and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. The policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The proposed FLUM amendments and associated rezonings will fulfill Housing Element Policy A-5.5, stated as follows:. Housing Element Poficy A-5.5 These areas shall be provided assistance through the development of a "neighborhood plan" which is directed toward the arresting of deterioration through physical improvements such as street lighting, street trees, landscaping, street repair, drainage improvements, sidewalks, parks and parking areas, installation or upgrading water and sewer facilities, all of which may be provided through funding and/or assessment districts. The plans shall also address the appropriateness of existing land use and zoning classifications, traffic circulation patterns, abatement of inappropriate uses, and targeting of code enforcement programs. The plans shaft be prepared by the Planning and Zoning Department, with assistance from the Community Improvement Department, and the Community Redevelopment Agency if located within the CRA district. At/east one neighborhood plan shall be prepared each fiscal year. The priority of these plans is as follows: · Seacrest/Del-lda · Allen/Eastview/Lake Avenues (to be addressed in the North Federal Plan) · Osceola Park · De/ray Shores The adopted Seacrest/Deklda Park Neighborhood Plan addressed all the issues included in this policy including the appropriateness of existing land use and zoning classifications. The FLUM amendments and concurrent rezonings being considered at this time are proposed to fulfill the provisions of the plan. Thus, this policy is furthered by the proposed amendments and a positive finding can be made. Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal is consistent with the goals, objectives and policies of the City's Comprehensive Plan. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed FLUM amendments and rezonings will eliminate the potential for additional multiple family and duplex development on the subject properties. This decreases the overall potential density as well as the potential demand for services and facilities. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 4 Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The subject properties are located in a primarily single family neighborhood with 66% of all residential units and 85% of all residential parcels developed as detached single family homes. A description of each of the areas to be changed is as follows: · Area A - TRN (Transitional) to LD (Low Density Residential 0-5 du/acre} The subject area is surrounded on the east and south by single family homes, on the north by Atlantic High School and on the west by neighborhood commercial. This area is a part of the residential neighborhood and is developing accordingly. Of the 7 ownership parcels, four contain single family homes (1 also contains a beauty salon), two are undeveloped and one is an access tract. The two undeveloped parcels are surrounded on three sides by single family homes and are zoned R-l-AA (Single Family). When these two parcels are developed pursuant to the existing zoning, the area will consists entirely of single family homes. The proposed FLUM designation of LD is contiguous to the LD designation to the south and is compatible with the existing and future land uses of the surrounding area. Area B - MD (Medium Density Residential 5-12 du/acre) to LD (Low Density Residential 0-5 du/acre) The subject area is located between NE 3rd Avenue and the FEC Railroad, between NE 14th Street (Lake Avenue) and Atlantic High School. The area to the west consists of an elementary school and single family homes zonec~-R-1- AA. Six of the ownership parcels in the subject area also contain single family homes. The Neighborhood Plan's direction for this area is the gradual reintroduction of single family uses consistent with the properties to the west. The proposed FLUM designation of LD is contiguous to the LD designation to the west and is compatible with the 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. All future development within the requested designations will comply with the provisions and requirements of the Land Development Regulations. A detailed discussion of Compliance with the Land Development Regulations is included in the "Zoning Analysis" section of this report. LDR (Chapter 3) 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 Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the SeacrestJDel-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 5 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: The use or-structures must be allowed in the zone district and the zoning district must be consistent with the Future Land Use Map designation. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Neighborhood Plan for the area. The proposed FLUM amendments will assign a Future Land Use Map designation of Low Density and the proposed rezonings to R-l-AA and R-1-A (Single Family) are consistent with this FLUM designation. Although many of the existing land uses will be made non- conforming, the direction of the Plan is to phase out these uses and promote infill with uses which are consistent with the new FLUM designation. Thus, positive findings can be made regarding consistency of the FLUM designations and zonings. Concurrency and Comprehensive Plan Consistency were discussed above. As previously stated, a detailed discussion of Compliance with the Land Development Regulations is included in the "Zoning Analysis" section of this report. REQUIRED FINDINGS (Chapter 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 Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) for the Rezonings shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 6 Section 3.3.2 (Standards for Rezoning Actions): Standards A, B and C are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.3.2 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 occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Compatibility of land uses within the Seacrest Del-Ida Neighborhood was a primary concern in preparation of the neighborhood plan. The subject properties are located in a primarily single family neighborhood with 66% of all residential units and 85% of all residential parcels developed as detached single family homes. Additionally, 45% of the subject properties contain detached single family residences. A description of each of the areas to be rezoned is as follows: Area C - Rezoninq of 2 parcels from RL to R-l-AA. These two parcels, located on NE 22 Street, are the only properties in the area zoned RL. They are surrounded on three sides by owner-occupied (93%) detached single family homes zoned R-l-AA and by a Iow intensity commercial business (Dance Conservatory) on the west side zoned NC (Neighborhood Commercial). The residential density of the surrounding area is 5.0 du/acre with an average lot size of 8,712 sq. feet. Both of the subject parcels currently contain single family homes and one of the parcels also contains a hair salon business. The existing density on these two large parcels is only 1.76 units per acre. n Areas D and E - Rezoninq of 34 parcels from RM to R-f-A. These parcels are located .between NE 3rd Avenue and the FEC Railroad, north of NE 14th Street (Lake Avenue). Single-family zoning (R-l-AA) exists west of this area and 6 parcels to be rezoned are currently developed as single family homes. The area also contains 20 duplexes and 4 multi-family structures which will become non-conforming uses. The Plan's direction for this area is the gradual reintroduction of single family uses consistent with the properties to the west. Area F- Rezoning of 134 parcels from RL to R-1-A. These parcels are located east of NE 2nd Avenue (Seacrest Boulevard), between George Bush Boulevard and NE 14th Street. Single Family zoning (R-l-AA) exists north and west of the area and RO (Residential Office) zoning consisting primarily of medical offices is located immediately to the south. The area contains a mix of single-family homes, duplexes and multi-family structures, with a total of 68 detached single family homes, 69 duplexes (138 units) and 31 multi- family units. The duplex and multi-family units will become non-conforming uses. The Plan calls for this area to be stabilized through eventual phasing out of Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the SeacrestJDel-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 7 duplex and multi-family structures and their replacement with single family homes. Given the above, these rezonings will help to promote compatibility throughout the entire SeacrestJDel-lda Park neighborhood. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; Cu That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood, The appropriate reasons for the proposed rezonings are "b" and "c":, based on the following: The Comprehensive Plan identified the neighborhood as needing "revitalization" and directed the City to take measures to prevent further decline and to help-the neighborhood toward a classification of "stabilization" or "stable." This is to be achieved through the implementation of a "neighborhood plan". The City Commission adopted the SeacreslYDel-lda Park Neighborhood Plan at its meeting of March 3, 1998. With the adoption of the plan, a vision was established for the future development of the area. The proposed rezonings are required to implement the provisions and vision of the adopted plan. In order to implement the adopted neighborhood plan, FLUM designations for the area are being amended as directed in the plan. The proposed zoning districts are of similar intensity to the new FLUM designations and will be more appropriate than the existing zonings, based on the direction of the community and the adopted plan. The appropriateness of the zonings in the area was a fundamental concern during the review of the neighborhood plan. The adoption of the plan establishes the City's finding that the proposed zonings are more appropriate than the existing. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. P~anning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 8 No development proposals have been received for the subject properties. Any proposed development will be subject to the provisions of the new zoning districts. Therefore, a positive finding can be made with respect to future compliance with the Land Development Regulations. Since the proposed rezonings will '-Affect the land developments regulations 'and applicable development standards for the subject properties, it is also appropriate to discuss the impact of the rezonings on existing development. a. RL to R-I-AA. The existing single family homes on the two parcels to be rezoned will remain conforming uses in the proposed zoning district. Although the minimum lot size for single family development will increase from 7,500 sq. ft. to 9,500 sq. ft., and the minimum lot dimensions will increase, both parcels exceed the new standards and will also remain conforming lots. Although one parcel also has a business located on site, the use is non-conforming and will remain so with the proposed rezoning. b. RM to R-loA. This area contains a private school, a daycare center, 6 single family homes, 4 multiple family structures, 20 duplexes, and 2 vacant lots. The school and daycare center are permitted as conditional uses and the development standards for them will remain unchanged. The development standards for the single family homes will also remain unchanged. All of the duplex and multiple family structures will become non-conforming uses. It is important to note however that 16 of the 20 duplexes are currently non-conforming with respect to unit size and all four multiple family structures are non-conforming with respect to density. Although the maximum density in the RM district is 12 du/acre, these four buildings each have a density-of 40 du/acre. c. RL to R-'I-A. This area contains a mix of single-family homes, duplexes and multi-family structures. The development standards for the single family homes will remain unchanged. The 4 multiple family structures and 59 duplex parcels will become non-conforming uses. All of the multi-family development within the area is currently non-conforming with respect to density. Within the RL zone (3-6 du/acre), these multi- family buildings have densities between 19 and 27 du/acre. Of the 59 duplex parcels within the area, 56 (95%) are non-conforming with respect to one or more of the following standards: lot size (i.e. less than 8,000 sq. ft.), lot width (i.e. less than 60 ft. wide) or unit size (i.e. less than 1,000 sq. ft.). The multiple family structures which become non-conforming uses as a result of the proposed rezonings will be allowed to continue even if ownership changes as long as the use does not cease for 180 days. If such a use is destroyed by a disaster, it is allowed to be rebuilt to the same density if the permit is applied for within one year and the structure is completed within three years. Overall, the development of duplex and multi-family units on small lots within the neighborhood has created the appearance of over-crowding on many streets. This is best evidenced by the excessive number of parked cars in these areas. Most of these Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 9 uses are deficient with respect to number of parking spaces and/or parking lot design. Where adequate spaces do not exist in off-street parking lots or immediately in front of these uses, parking has spilled onto front yards and into the swales of adjacent single- family development. Back-out parking onto adjacent roadways is the typical parking arrangement for duplex development within the neighborhood. In most cases, the number of spaces are maximized with_ the entire roadway frontage covered in asphalt without the benefit of landscaped-breaks between spaces. This degrades .-the appearance of the area, affects drainage and encourages speeding. Although the proposed rezonings will not eliminate all of these problems, they will prevent additional units for being constructed or the conversion of single family homes to duplexes. Additionally, most of the affected structures are at least 30 years old. Age, obsolescence and poor maintenance have taken their toll on many of the duplex and multiple family structures in the area. As these buildings approach the end of their useful life, they will have to be replaced with single-family homes. The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Community Redevelopment Agency: At its meeting of May 22, 1998, the Community Redevelopment Agency reviewed the proposal and recommended approval for the FLUM Amendments and Rezonings. Adjacent Municipalities: - Notice of the proposed amendments has been provided to the City of Boynton Beach and the Town of Gulf Stream. A response has not been received. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: CI Seacrest Homeowners Association [] Del-Ida Park Homeowners Association [] Lake Ida Homeowners Association [] PROD (Progressive Residents of Delray) Public Notice: Formal public notice has been provided to the owners of all properties subject to the FLUM and zoning changes as well as to property owners within a 500' radius of the subject properties. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 10 ASSESSMENT AND CONCLUSION The proposed FLUM Amendments and Rezonings are recommended in the adopted Seacrest/Del-lda Park Neighborhood Rlan, which was adopted to meet the provisions of Housing Element Policy A-5.5 of the Comprehensive Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.3.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. Ao Continue with direction. Recommend to the City Commission approval of FLUM Amendments to the subject parcels, based on positive findings with respect to 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, Recommend to the City Commission approval of the rezonings of the subject parcels, based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.3.2 (Standards for Rezoning Actions), LDR .Sbction 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Recommend denial of the FLUM Amendments and Rezonings based on a failure to make positive findings and that the FLUM amendments and rezonings fail to fulfill one of the basis for which a FLUM Amendment or rezoning should be granted. 1. Recommend to the City Commission approval of the proposed FLUM Amendments from: TRN (Transitional) to LD (Low Density Residential 0-5 du/acre), for the parcels within "Area A" identified in Appendix A; and, MD (Medium Density Residential 5-12 du/acre) to LD (Low Density Residential 0-5 du/acre) for the parcels within "Area B" identified in Appendix A; Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 11 based on positive findings with respect to 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, Recommend to the City Commission approval of the following rezoning requests: Rezoning from RL (Multiple Family - Low Density) to R-l-AA (Single Family Residential) for the parcels in "Area C" identified in Appendix A; Rezoning from RM (Multiple Family Residential - Medium Density) to R-1- -A (Single Family Residential) for the parcels in "Area D" identified in Appendix A; Rezoning from RM (Multiple Family Residential - Medium Density) to R-l- A (Single Family Residential) for the parcels in "Area E" identified in Appendix A; and, Rezoning from RL (Multiple Family - Low Density) to R-1-A (Single Family Residential) for the parcels in "Area F" identified in Appendix A; based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.3.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: Proposed Future Land Use Map Amendments Proposed Rezonings Appendix A Report prepared by: Ron Hoggard, Senior Planner Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the SeacresdDel-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 12 APPENDIX A FLUM AREA A: THEE316.9FTOFN½OFS½OFNE1/,OFSW¼OFSW¼;THEE195FTOFW 350 FT OF N ½ OF S ½ OF NE 1/, OFSW Y~ OF SW 1/, 1 LESS N 30 FT/; THE N 30 FT OF E 310 FT OF W 350 FT OF S ½ OF NE ¼ OF SW ¼ OF SW ¼; AND, THE E ½ OF S 1/~ OF NE 1/, OF SW % OF SW 1/,, OF SECTION 4, TOWNSHIP 46S, RANGE 43E. FLUM AREA B: THE PART OF LOT 38 LYING EAST OF NE 3P'D AVENUE AND WEST OF FEC RY, SUBDIVISION OF SECTION 9, TOWNSHIP 46S, RANGE 43E - REFER TO PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, LOTS 102 TO 115, INCLUSIVE AND THE PART OF LOT 116 LYING NORTH OF LAKE AVENUE, PLUMOSA PARK SECTION A, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 68, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, LOTS 1 TO 15, INCLUSIVE, BLOCK 11 OF SEACREST PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING - AREA C: THE E ½ OF S ¼ OF NE ¼ OF SW ¼ OF SW ¼ OF SECTION 4, TOWNSHIP 46S, RANGE 43E. REZONING AREA D: LOTS 1 TO 15, INCLUSIVE, BLOCK 11 OF SEACREST PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 33, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING AREA E: THE PART OF LOT 38 LYING EAST OF NE 3RD AVENUE AND WEST OF FEC RY/ LESS NLY 141.56 FT, SUBDIVISION OF SECTION 9, TOWNSHIP 46S, RANGE 43E - REFER TO PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, Planning and Zoning Staff Report FLUM Amendments and Rezonings Associated with the Seacrest/Del-lda Park Neighborhood Plan Meeting of June 15, 1998 Page 13 LOTS 102 TO 115, INCLUSIVE, AND THE PART OF LOT 116 LYING NORTH OF LAKE AVENUE, PLUME)SA PARK SECTION A, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 68, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING AREA F: ALL OF BLOCKS 1, 4, 5, 8, 9, AND LOTS 4-12 INCLUSIVE, BLOCK 12, DELL PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 56, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, LOT 12, PLUMOSA PARK, SECTION A, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 68, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CF-~C~°°C -CF-C i CF-S COD?'~ALL p~u. os, CF-S £LEM£NTAR~ SCHOOL GULF STREAM SWAP SHOP CHURCH' CF-C MD N 3. r'"" O:- DF.-LRAv BEAC~ ~' SEACREST/DEL-IDA NE GHBORHOOD - ' ',N-" US:' MAP AMENDIviENTS :ROM: TRANSITIONAL T?: LO~ D~N~~' ~ =ROM: MED:uM D~NS[~ TO: LOW D~NSI~ R-l-AA-- P,-,'I-AA SCHO0;. GULF STREAM I [ I ;t RL ST. V1NC£NT'$ CFTM Or D::,~ATM BEAS~. :: ~:ANNINC &' ZONING D[~ARTM~NT SEACREST/DEL-IDA NEIGHBORHOOD - pROPOSE?~J ,R:?ONINSS__ -- :ROM: R: TO: g--:--Az~ (~) =ROM: RM TO': :RO~Z: RW 70: R-',-A (~ -'-ROte: R, TO: ~-'-A SUPPORT DOCUMENT # 3 COMPREHENSIVE PLAN AMENDMENT 98-1 CITATION CLUB/HAMMOCK RESERVE FUTURE LAND USE MAP AMENDMENTS PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE' AGENDA ITEMS: June 15, 1998 lV.A.2. & W.A.2.a Future Land Use Map Amendments from TRN (Transitional) to LD (Low Density Residential, 0-5 units/acre), and LD to TRN, and Associated Rezonings from RM-10 (Medium Density Residential- 10 units per acre) to PRD-5 (Planned Residential Development - 5 units pe~ acre), Related to the Alignment of Orchard Lane Within the Citation Club & Hammock Reserve Developments, Located on the East Side of Military Trail, South of Linton Boulevard. GENERAL DATA: Owner .............................................. Beztek and DWosta Applicant/Applicant .......................... City of Detray Beach, David Harden, City Manager Location ........................................... The subject parcels are located along Orchard Lane, approximately 600 feet east of Military Trail Properly Size ................................... 0.72 Acres (two 0.36 acre parcels) F.L.U.M. Designations ..................... TRN (Transitional) & LD (Low Density 0-5 units/acre) Proposed F.L.U.M. Designation ...... LD & TRN Current Zoning ................................. RM-10 (Medium Density Residential- 10 units/acre) & PRD-5 (Planned Residential Development- 5 units/acre) Proposed Zoning ............................. PRD-5 & RM-t0 Adjacent Zoning ..................... North: RM-10 RM-10 PRO-5 PRO-5 Road rigi%-of-way for Orchard Lane and Open Space East: South: W~s~. Existing Land Use ........................... Proposed Land Use ......................... Corrective Future Land Use Map Amendments and Rezonings related to the alignment of Orchard Lane. Sewer Service .................................nla. Water Service .................................. nta. The action before the Board is making a recommendation to the City Commission on corrective Future Land Use Map amendments and rezonings on 2 parcels of land totaling 0.72 acres, associated with the Citation Club and Hammock .Reserve developments. The request involves a FLUM amendment for the Hammock Reserve parcel from TRN (Transitional) to LD (Low Density Residential) and rezoning from RM-10 (Medium Density Residential- 10 du/ac) to PRD-5 (Planned Residential Development - 5 du/ac). The FLUM amendment for the Citation Club parcel is from LD to TRN, and the associated rezoning is from PRD~5 to RM-10. The subject parcels are located along Orchard Lane, approximately 600 feet east of Military Trail. 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. The Future Land Use Map amendments and rezonings involve two parcels of land each containing 0.36 acres which are located within approved developments known as Citation Club (zoned RM-10 with an underlying FLUM designation of Transitional)- and Hammock Reserve (zoned PRD-5 with an underlying FLUM designation of Low Density Residential). The corrective amendments and rezonings are a result of the final alignment of a private road (Orchard Lane) which connects Military Trail with Linton Boulevard. The alignment of the road split the corners of each development leaving triangular parcels on both sides of the road which were owned by opposite developments. When Hammock Reserve platted their property it was identified that the developers had land swapped the parcels. The 0.36 acre portion associated with the Citation Club is incorporated into an open space area, and the 0.36 acre portion associated with Hammock Reserve is a portion of the main roadway (Orchard Lane). 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). P & Z Board Staff Repod Citation Club and Hammock Reserve - FLUM Amendments and Rezonings Page 2 Land Use Analysis: Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. In conjunction with the Future Land Use Map amendments, rezonings to PRD-5 and RMol0 are being sought. The FLUM amendments and rezonings are being processed concurrently to eliminate existing inconsistencies between the FLUM and zoning designations as they relate to their respective developments (Citation Club and Hammock Reserve). The areas which are being changed contain open space and a roadway. These land areas are part of larger developments in which the land uses and resulting structures are consistent with the proposed FLUM and zoning designations. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: Fi 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 FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The _need must be supported by data and analysis. This policy shall not appl~/ to requests for the FLUM designations of Conservation or Recreation and Open Space. The current FLUM and zoning designations of the respective properties are currently inconsistent with the intensity of use of the overall developments. This is a corrective amendment which applies Future Land Use Map designations which will reflect the current use and intensity of the properties. El Consistency --The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposal is consistent with the goals, objectives and policies of the City's Comprehensive Plan as it applies Future Land Use Map designations which reflect the current intensity of use. El Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The subject properties are portions of developed projects. The parcels have been swapped by the two developments. The two projects are currently developed at their highest intensity, based upon their existing zoning designations. Citation Club P & Z Board Staff Report Citation Club and Hammock Reserve - FLUM Amendments and Rezonings Page 3 is zoned RM-10 and contains an apartment complex with a density of 10 units per acre, and the portion of the Hammock Reserve under consideration is zoned PRD-5 and is developed at 5 units per acre. At the time of Annexation of both properties, positive findings were made with respect to Concurrency. The proposal replaces one land use designation with the other and visa-versa. Thus, positive findings can be made with respect to concurrency. - -- [] Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The proposed FLUM and zoning designations will be consistent and compatible with their respective developments. Required findings of Compatibility were made with each development approval and no intensification of the development is proposed. [] Compliance -- Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. The existing developments comply with the provisions and requirements of the Land Development Regulations. No intensification of the development is proposed. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which i~-part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the 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 Analysis section of this report. Compliance with respect to Compliance with the Land Development Regulations (Standards for Rezoning Actions, Rezoning Findings) are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. P & Z Board Staff Report Citation Club and Hammock Reserve - FLUM Amendments and Rezonings Page 4 Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment Analysis section of this report. Section 3.3.2 (Standards for Rezoning Actions): Standards A, B and C are-not applicable with respect to this rezoning request, as the rezonings are corrective in nature. The applicable performance standard of Section 3.3.2 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 occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The requests for rezoning and their associated FLUM amendments will eliminate existing incompatibilities. These changes will result in FLUM and zoning designations of these two 0.36 acre parcels which reflect their existing use and intensity. Section 2,4.5(D)(5) (Rezoning Findings): 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: _ That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The proposed zoning designations are more appropriate based upon the current development pattern which resulted from the alignment of Orchard Lane. The changes are corrective in nature and will apply zoning designations consistent with the balance of their respective developments. The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. P & Z Board Staff Report Citation Club and Hammock Reserve - FLUM Amendments and Rezonings Page 5 Courtesy Notices: Courtesy notices have been provided to the following civic and homeowners associations: [] Citation Club -: [] [] BeI-Aire [] [] DeI-Aire Country Club [] [] Foxe Chase Hammock Reserve Progressive Residents of Delray (PROD) Shadywoods Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A letter of objection has been received from Del-Aire Country Club (copy attached). Additional letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The existing Transitional and Low Density Residential Future Land Use Map designations as well as the RM-10 and PRD-5 zoning designations are inconsistent with the respective developments. The changes will result in FLUM and zoning designations which correspond with the balance of their respective developments, thus eliminating the current discrepancies. 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, 3.3.2 (Standards for Rezoning Actions), and 2.4.5(D)(5) of the Land Develop~nent Regulations, and the policies of the Comprehensive Plan. A. Continue with direction. Recommend to the City Commission approval of the Future Land Use Map amendments from TRN to LD and LD to TRN, and the rezonings from RM-10 to PRD-5 and PRD-5 to RM-10 based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and Sections 3.1.1, 3.3.2 (Standards for Rezoning Actions), and 2.4.5(D)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan. Co Recommend to the City Commission denial of the Future Land Use Map amendments from TRN to LD and LD to TRN, and the rezonings from RM-10 to PRD-5 and PRD-5 to RM-10 based upon a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and Section 2.4.5(D)(5) of the Land Development Regulations, that the FLUM amendments and rezonings fail to fulfill one of the basis for which a FLUM amendment or rezoning should be granted. P & Z Board Staff Report Citation Club and Hammock Reserve - FLUM Amendments and Rezonings Page 6 Recommend to the City Commission approval of the Future Land Use Map amendments from TRN to LD and LD to TRN, and the rezonings from RM-10 to PRD-5 and PRD-5 to RM-10 based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and Sections 3.1.1, 3.3.2 (Standards for Rezoning Actions), and 2.4.5(D)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan. Attachments: El Letter of objection from DeI-Aire Country Club E! Future Land Use Map El Zoning Map Counn?d Club Property Owner's Association, Inc. 4645 White Cedar Lane Delray Bea:h, FL "" ~ ' 499-9090 June 9. 1998 Mr. Paul Dorling Acting Director of Planning Planning and Zoning Department City of Delray Beach. 100 Northwest First Avenue Delrav Beach. FL 33444 Proposed Future Land Use Map .~Lmendment and Re-Zoning File ,---.98-154 Dear Mr. Dorling: Thank you for sending your June 4. 1998 lener with reference To the above captioned. It appears that the area A, the Hammock Reserve, change will only be a benefit to the City. As for the proposed increase in density for area B. the Citation Club, such a change ~411 certainly not be of any benefit to the CID;. Therefore, we request that the area B proposal b~ re. jected. Sincere Jr. Daniel Ca.,me, President Properrs.' Ovmers' Association DG/arm S VER CANAL L-35 ~OURT Sou th Tru$t Bank PLAZA GC WAL-MART D E L F:: ,: " 70 ~,c'~~ SE !~' TEF L I N T 0 N GC BO2ARAY SOUTH COUNTY MENTAL HEAL TH CENTER CF'H SOUTH COUNTY PROF. CENTRE CONDO GC TRN LD 0 U L E VA R CANAL LAKELAND DRIV~ 'io icl IK: ~, L-36 TRN lON TRN ~'" ~ HAUMO~K CASA REAL D~I~ C A N A L L-37 / OS ' ,, CANAL L-37 LANE ,Lo DEL-AIRE ~oLr c,u~ OS N CITY OF DELRAY B~.ACH. FL PLANNING & ZONING DEPART'~NT CITATION CLUB &:: HAMMOCK RESERVE - PROPOSED FL..:TUR~ LAND '~'-- ~..,.z IV, AP AIdENDI¥~ENTS - (~ FROM: TRN TO: LD (~) FROM: ED TO: TRN ---- DIGITAL ~z~,£ 1,4Az~ ~,~T£1~ -- MAP REF: Lk~249 I TOw~,'C£NTER LINTON BOULEVARD Sou th Tru5 t Bonk SOUTH COUNTY N Cl'~f OF D~'LRA'¢ BEAC. H, FL PLANNING & ZONING DEDARTM:'NT CITATION CLUB &::: HAMMOCK RESERVE / - PROPOSED REZONINGS - (~ FROM: RM--IO TO: PRD-5 (~) FROM: ~RD-5 TO: RM-IO SUPPORT DOCUMENT # 4 PLAN AMENDMENT 98-1 HURRICANE PINES Introduction Hurricane Pines is approximately three acres of pine scrub located on the south side of S.E. 10th Street between Federal and Dixie Highways. The site is identified in the Comprehensive Plan as a natural area which the City should undertake efforts to protect (Conservation Objective B-l). Specifically, a program shall be developed to preserve the site to the extent feasible through sensitive site planning, or mitigate its development (Policy B-1.2). The Hurricane Pines parcel is privately owned, and subject to development. This report summarizes the history of the identification of Hurricane Pines, and assesses the potential of the site for successful preservation in a development scenario. Inventory of Native Ecosystems In 1988, a report was completed for Palm Beach County, "Inventory of Native Ecosystems in Palm Beach County, Phase III Report, Location and Evaluation of Sites for Possible Preservation as Wilderness Island Park Preserves". One of the sites identified in this report was Hurricane Pines, listed as five acres-of Florida Scrub and evaluated as "good representation of native Florida ecosystems". The report provided a priority ranking for potential public acquisition with sites ranked by clusters of associated ecosystems. Hurricane Pines was ranked, along with five similar sites, as a second priority for acquisition in the southern portion of the County. 1989 Comprehensive Plan In developing the Comprehensive Plan in 1989, the City based its listing of native ecosystems on the above noted report, and included the following direction: Obiective B-1 The City shall undertake efforts, through the following policies, to protect the following natural reservations and environmentally sensitive areas: (b3, b4)(c9) · Pine Scrub area east of Tropic Palms Subdivision; Delray Oaks hammock area in the Alfieri Pugliese Park of Commerce; · Pine Scrub community along S.W. 10th Street east of the Gulfstream Motor Lodge; · The following Florida Inland Navigational District holdings: ·parcel off McCleary Street · parcel southeast of the 8th Street Bridge · parcel by Knowles Park; · the public area along 1-95, west of Tropic Palms subdivision; · portions of the "17 acre parcel" with the specific areas to be considered for preservation to be determined during the development review process. Policy B-1.2 The Low Oak Hammock area of the Alfieri Pugliese Park of Commerce and the Pine Scrub along S.W. 10th should be preserved in part through sensitive site planning. Since 1989, there have been no substantive amendments to this policy direction. The policy language today is: Obiective B-1 The City shall undertake efforts, through the following policies, to protect tl~e following natural reservations and environmentally sensitive areas: (b3, b4)(c9) · Leon Weekes Environmental Preserve; · Delray Oaks hammock area in the Alfieri Pugliese Park of Commerce; · Hurricane Pines scrub community along S.W. 10th Street west of U.S. #1 (S.E. 5th Avenue); · The following Florida Inland Navigational District holdings: · parcel off McCleary Street · parcel southeast of the 8th Street Bridge · parcel by Knowles Park; Policy B-1.2 The Delray Oaks area of the Alfieri Pugliese Park of Commerce shall be preserved through sensitive development under "planned development" concepts, exaction (public sites dedication provisions of the Land Development Regulations), or acquisition (including the County Environmentally Sensitive Lands Acquisition Program). The City shall participate with the County in seeking State funding for the acquisition of the Delray Oaks site and its development as a preservation area. Hurricane Pines along S.W. 10th Street should be preserved in part through sensitive site planning. County Acquisition Program In 1990, Palm Beach County established its Environmentally Sensitive Lands Acquisition Program. A total of 38 sites were identified for possible acquisition, including Hurricane Pines and Delray Oaks. These sites were then prioritized and fourteen sites were identified as highest priority for acquisition. The high priority list included Delray Oaks, which has been purchased, but did not include Hurricane Pines. Hurricane Pines is not presently considered for acquisition through the County program. Field Investigation In 1992, in work associated with the development of the Silver Terrace Redevelopment Plan, the Hurricane Pines site was reassessed by the author of the Inventory of Native Ecosystems (attachment). The site was found to consist of approximately three acres of Sand Pine Scrub. The assessment stated that, without management, this small site would continue to undergo succession, from pinelands to oak-palmetto woodlands. With management, the succession would be slowed, but succession would continue. Management of such a small site would be difficult due both its size and proximity to homes. The author concluded that it would be worth the difficulty and expense for the public to acquire and manage the site. Evaluation and Appraisal Report The Evaluation and Appraisal Report (EAR) of the Comprehensive Plan was completed by the City in 1996. In developing the EAR for the Conservation Element, staff and a citizen task team debated the disposition of Hurricane Pines. It was acknowledged that preservation of the site would yield limited environmental benefits and may be impossible to sustain as a viable ecosystem. The possible courses of action discussed included: 1) public acquisition of the site; 2) deletion of Hurricane Pines from the list of sites to be afforded special protection in the Comprehensive Plan; 3) no change to the existing language in the Comprehensive Plan. Opinions among staff and citizens were evenly split between acquisition and deletion, resulting in the recommendation for no change. EAR-Based Comprehensive Plan Amendment In 1997, the City adopted a major Comprehensive Plan amendment based on the Evaluation and Appraisal Report. As part of that amendment, the subject of the Hurricane Pines site was addressed in the Analysis section of the text as follows: Existinq Use and the Potential for Conservation or Protection Hurricane Pines (currently 3 acres) continues in private ownership and is subject to development. While portions of the site could be preserved through acquisition, or through development order conditions, its continued viability is questionable due to its small size. Acquisition through the Palm Beach County Environmentally Sensitive Lands Acquisition Program is not presently considered, and is unlikely in the future. Development order conditions would result in less than one acre being preserved. A possible alternative to preservation of the site is a form of mitigation banking, whereby a developer augments a similar habitat by purchasing land or funding management activities. Hurricane Pines is addressed in the Goals, Objectives and Policies section as follows: Obiective B-1 The City shall undertake efforts, through the following policies, to protect natural reservations and environmentally sensitive areas. - _ Policy B-1.2 The City shall develop a program, in FY 97/98, to preserve the Hurricane Pines parcel along S.E. 10th Street to the extent feasible through sensitive site planning, or mitigate its development through a form of mitigation banking. CONCLUSION Hurricane Pines is privately owned and subject to development. Under City requirements, any development proposal will include a detailed environmental survey and a plan to preserve the pine scrub ecosystem. Since the viability of the pine scrub is questionable, an alternative to preservation should be investigated. One reasonable alternative is a form of mitigation agreement. A developer would donate funds to be used in the purchase of land with a similar habitat or management of existing conservation lands, such as Leon Weekes Environmental Preserve. The amount of the donation would be based on the appraised value of the environmentally sensitive land. Another alternative would be for the developer to donate a parcel of land with similar habitat. An independent assessment, funded by the developer, is recommended to determine the area of the environmentally sensitive land. Recommended Amendment to the Comprehensive Plan The Hurricane Pines site should continue to be addressed in the Comprehensive Plan, in a manner that will assure preservation of the environmentally sensitive portions of the site, or mitigation of their loss through development. The City's position and program concerning the site should be expressed in a revision of policy B-1.2 as follows: Policy B-1.2 Any development proposal for the Hurricane Pines site along S.E. 10th Street shall be accompanied by a complete, independent assessment of the environmentally sensitive portions of the site. The assessment shall define the exact area of environmentally sensitive flora, and address the potential for preservation of the area. If it is determined by the City that preservation is not feasible, a condition of the development order will be for the developer to enter into a mitigation agreement with the City whereby the developer will donate land with a similar habitat to be preserved, or funds to be used for the purchase of similar habitat in the City or the management of existing conservation lands. The amount of the donation will be based on the appraised value of Hurricane Pines, and will equal the value of the environmentally sensitive area which will be lost through development. S:\adv\pinesl L;,: 'A r DizcovCry· 1989.90 COLLEGE OF SCIENCE DEPARTMENT OF BIOLOGICAL scIENcES Phone: (407) 367-3320 Fax: (407) 367-2749 FLORIDA ATLANTIC UNIVERSITY FLO. BOX 3091 BOCA RATON. FLORIOA 33431 --0991 19 Nov. 1992 Ms. Janet Meekes 100 NW First Avenue City of Delray Beach Delray Beach, FL 33444 Dear Ms. Meekes: As per our discussion on the phone recent/y, I n rn supplying my ideas and impressions ~f the +__3 acre parcel of land at the comer of SE 10th Street and US 1 in Delray Beach. No one lmows the long-term viability of small tracts of native vegetation such as this parcel of Sand Pine Scrub. From v)hat we do know of this vegetation, without management it will continue to undergo succession and eventually change from a.pinelands to an oak-palmetto woodlands. This process is slow and usually takes decades. With management, the pineland may be maintained for an extended period. Eventually, it is thought, thc small gene pools of the species in these fragmented tracts degrades and the rarer species disappear. This is borne out by short-term observations and our knowledge of genetics, but has not been the subject of long-term investigations. The eventual degradation of the tract _may take several decades, perhaps even hundreds of years. In my opinion, thi.q small example of native Florida Sand Pine Scrub vegetation would be well worth the expense to obtain, manage, and use as a passive recreation/education sim. Not only would it provide an example of "pre-development" native vegetation for people in the area to learn from, but it provides a green relief from urbanization that many citizens want. Doubtless the people living in the surrounding area would be glad to have this green space. Moreover, there are a number of native animals that require this type vegetation to survive, and there are endangered plants on the site. There will be problems in managing such a small parcel, but the benefits outweigh the costs in my opinion. To be managed properly, Scrub should be burned on intervals of 20-70 years. This will be a difficult task with houses as close as they are to this site. Alternate management techniques may be required in this instance. If I may be of further assistance with this or other parcels of land, please feel free to call on me. Sincerely, Daniel F. Austin, Ph.D. Professor A I'V~I:iIII}~:i (If lllq . ,41 : U~iw:r;it¥ S'dsb':n~ of Flor~rla HURRICANE PINE SCRUB ASSESSMENT The Hurricane Pine Scrub is located west of Federal Highway, on the south side of SE 10th Street. At one time, the Pine Scrub covered approximately 5 acres. However, a portion of the site was cleared along S.E. 10th Street for the construction of a residential unit (in the early 1960's), which has since been demolished. Approximately 3 acres of the Pine Scrub remains. - - The Hurricane Pine Scrub is considered a Florida Scrub, which has a desert-like eco- system dominated by sand pines and several species of Oak. This eco-system has been identified on the Land Use Map as a conservation parcel subject to Conservation Element Policy B-1.2 wherein it states Hurricane Pines along S.W. lOth Street should be preserved in part through sensitive site planning. Under the needs and recommendations of the Conservation Element, it states the following: The Hurricane Pines (five acres of Florida Scrub) site and the Deiray Oaks (24 acres, Low Oak Hammock) are in private ownership and are s~bject to developmenL Portions of these sites can be preserved through acquisition, (including the County Environmentally Sensitive Lands Acquisition Program), extraction (public site dedication provisions of the subdivision regulations), or through sensitive development under "planned Development" concepts. An inventory was conducted by Palm Beach County to locate, identify, evaluate and rank examples of each of Palm Beach County's native landscapes - the Ecosystems [REF: Inventory of Native Ecosystems in Palm Beach County, Phase III Reporfl. Based upon the findings of that Inventory, it was noted that Palm Beach County's native eco- systems are now even more endangered than its endangered species. Endangered meaning unlikely to survive without human intervention. There are so few sites where native ecosystems survive in Palm Beach County that if such eco-systems are to continue, all should be acquired, or at least protected. The Hurricane Pine Scrub is listed as a Iow priority on Palm Beach County's land acquisition list due to its relatively small size. Since the Hurricane Pine Scrub is located in the middle of an area to be developed, the question arose as to whether or not this ecosystem was still viable and worth saving, or if a portion of it could be cleared and developed. To answer that question, Daniel Austin PH.D. of Florida Atlantic University, Department of Biological Sciences was contacted to assess the current conditions of the site. To summarize, Dr. Austin walked the site and noted that a number of native animals and endangered plants are surviving in the eco-system. His recommendation is that the Hurricane Pine Scrub be acquired, managed and used as a passive recreation and educational site. If the Pine Scrub is not managed it will continue to under go succession and eventually change from pinelands to an oak-palmetto woodlands. Thus, the endangered species would no longer survive. For additional information see attached letter from Dr. Austin. [lTV DF [IELRRV BER[H DELRAY BEACH NI-AmericaCity 1993 100 N,W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 NOTICE OF PUBLIC HEARING NOTICE OF COMPREHENSIVE PLAN CHANGE 98-1 CITY OF DELRAY BEACH, FLORIDA The Planning and Zoning Board as Local Planning Agency of the City of Delray Beach will consider making a recommendation to the City Commission concerning the following ordinance: ORDINANCE NO. 24-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 98-1 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 98-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. A Public Hearing regarding Comprehensive Plan Amendment 98-1 will be held on MONDAY, JUNE 15, 1998, AT 7:00 P.M. in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. The TEXT AMENDMENTS address the following subject matter: Changes related to the adoption of the SeacrestJDel-lda Neighborhood Plan. Changes related to the preparation of a program to preserve, or mitigate the development of, Hurricane Pines (environmental site along S.E. 10th Street). The changes to the FUTURE LAND USE MAP (FLUM) involve four areas of land which will be transmitted as a part of Amendment # 98-1. Printed o~ Recycled Paper THE EFFORT ALWAYS MATTERS Page Two Insert Map Insert Legend The purpose of this hearing is to afford the Planning and Zoning Board the opportunity to receive public comment on the proposed amendments to the Comprehensive Plan. Upon completion of the Public Hearing the Planning and Zoning Board will take the proposed amendments under advisement and will forward a recommendation to the City Commission. All interested parties are invited to attend the public hearing and comment upon the Plan Amendment or submit their comments in writing to the Planning Department. Further information concerning the proposed amendments can be obtained from the Planning and Zoning Department, City Hall 100 N.VV. 1st Avenue, FL 33444 or by calling 561/243-7040, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, excluding holidays. Please be advised that if a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter considered at this hearing, such person will need a record of the proceedings, and for this purpose such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The City does not provide or prepare such record, pursuant to F. S. 286.0105. Published: Boca News June 5, 1998 CITY OF DELI=AY BEACH Alison MacGregor Harry City Clerk Instructions to NeWSl~a.Der: This notice must be at least two columns wide and 10 inches high with the headline [NOTICE OF PUBLIC HEARING/ COMPREHENSIVE PLAN CHANGE #98-1/ CITY OF DELRAY BEACH, FLORIDA] to be in a type no smaller than 18 point. The ad is not to be placed in that portion of the newspaper where legal notices and classified advertisements appear. Thank you for your assistance. LEGEND: DELRAY BEACH MUNICIPAL CITY LIMITS ..... TO: THRU: FROM: DAVID T. HARDEN CITY MANAGER DIANE DOMINGUEZ, DIREe:TO~ DEPARTMENT OF PLANNING AND ZONING JOHN WALKER .,~ PROJECT COORDINATOR SUBJECT: MEETING OF MAY 5, 1998 INITIATION OF COMPREHENSIVE PLAN AMENDMENT 98-1 ** CONSENT AGENDA ** This will be the first Comprehensive Plan Amendment proposed in 1998. The changes to be considered include Future Land Use Map (FLUM) amendments discussed in the Seacrest / Lake Ida Neighborhood Plan, corrective FLUM amendments for small portions of Citation Club and Hammock Reserve, and a text change related to a program to preserve or mitigate development at Hurricane Pines. The proposed changes are detailed in the attached Planning and Zoning Board staff report. The Planning and Zoning Board considered this item at its meeting of April 20, 1998. After discussion, the Board voted (4-0) to recommend that the City Commission initiate Comprehensive Plan Amendment 98-1, containing the matedal in the staff report. By motion, initiate Comprehensive Plan Amendment 98-1, as recommended by the Planning and Zoning Board. Attachment: Planning and Zoning Board Staff Report S:~adv\comp\981init2 ~ MEETING OF: April 20, 1998 AGENDA ITEM: V.A. INITIATION OF PLAN AMENDMENT 98-1 The item before the Board is that of recommending to the City Commission those items which should be considered in Comprehensive Plan Amendment 98-1. Pursuant to LDR Section 9.2.1, amendments to the Plan must be formally initiated by the City Commission. The City is allowed to enact two amendments to its Comprehensive Plan each year. This will be the first such amendment for 1998. The first amendment of the year generally focuses on updating the work program in our Plan; updating the status of various objectives and policies; corrections and general housekeeping; and amendments to the Future Land Use Map. We have recently completed a major revision and update of the Plan in the EAR- based Amendment (97-1). Therefore, proposed changes to the Plan text are minimal, limited to those items necessary to continue the business of growth management. The items suggested for inclusion in the Plan Amendment are listed below: Changes related to the adoption of the Seacrest/Lake Ida Neighborhood Plan, including text amendments and Future Land Use Map amendments (see attached map). · Changes related to the preparation of a program to preserve, or mitigate the development of, Hurricane Pines (environmental site along S.E. 10th Street). · Corrective Future Land Use Map amendments related to the road alignment in Citation Club and Hammock Reserve (see attached map). Planning and Zoning Board Staff Report Recommendation to the City Commission Regarding the Initiation of Plan Amendment 98-1 Page 2 The tentative schedule for processing Plan Amendment 98-1 is as follows: May 5, 1998 June 15, 1998 July 7, 1998 Early September Mid- October Initiation by City Commission Planning and Zoning Board Hearing City Commission Transmittal Public Hearing Receipt of ORC Report Adoption By motion, recommend that the City Commission initiate Comprehensive Plan Amendment 98-1, containing the material stated in this staff report. S:~adv~omp\9811NIT1 SEA CREST/DEL-IDA PARK NEIGHBORHOOD PLAN EX1STING CONDITIONS PA GE ~ LDR LDR CF-S LDR ! ! I ! LDR CF-C ~ CFS i i lc,'c III c~ Ii i! MDR ..... MDR LDR / TRN CF-C / M/OR )S-C 7 CJTY 0~' DELRAY BEACH, F'L Pi. AJNNING &: ZO~tlNG OEPAR~tENT -- DIG'IrAL ~4SE MAP SYS~M --- SEACREST/DEL-IDA PARK NEIGHBORHOOD - EXISTING FUTURE LAND USE - GRAPH)C SCALE 400' o 200' 500' mmmmmmmm STUOY SEACREST/DEL-IDA NEIGHBORHOOD PLAN PLAN IMPLEMENTATION PAGE 25 H CF-C LDR CF-S //% / / LDR LDR' CF-C ~ "' . CFS CF-C MDR / LDR TRN M/DR t )S-C N CiTY OF OELRAY BEACH, FL PLANNING ~ ZONING DEPARTMENT -- D/C/r,~Z BASE' ,U4P 5'¥STEM -- SEACREST/DEL-IDA PARK NEIGHBORHOOD - PROPOSED FUTURE LAND USE - ~ - AREA PROPOSED FOR CHANGE GRAPHIC SCALE 400' 0 ~0' 1000'1 LINTON CANAL DELRA Y MEDICAL CENTER CONDOS PALM COURT South Trust Bonk PLAZA WAL-MART BOULEVARD BOCARAY PLAZA '~MPLE DRIV[ SOUTH COUNTY MENTAL HEALTH CENTER PARK SOUTH COUNTYPROF. coUN LAK CENTRE CONDO LAKELAND ORCHARD ~EW ELEMENTARY SCHOOL HAMMOCK CANAL L-37 CANAL DR~VI[ L-37 LANE BOCA DE LANE DEL.'. U~'[ OAN BLV0. Al RE 0 0 cLUB CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARI~ENT PROPOSED FUTURE LAND (~)- FROM: TRANSITIONAL (~- FROM: LOW DENSITY USE MAP AMENDMENT TO: LOW DENSITY TO: TRANSITIONAL -- DIGIt',A/. ~ /~ SYSZ"E'M -- MAP REF: LM240