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Ord 47-02ORDINANCE NO. 47-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLOR/DA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2003-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; Al.I. AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2003-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exerdsed the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2003-1; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on September 23, 2002 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 2003-1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2003-1 was submitted to and reviewed by the City Commission; and WHERF~AS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2003-1 was held by the City Commission on February 4, 2003, at which time it was authorized to be transmitted to the Depatunent of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2003-1 was found to be in compliance by the Florida Department of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2003-1 was held on April 15, 2003, 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 2003- 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 2003-1. 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 in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Depaxci~ent of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 47-02 the /5- PASS~.D. AN.p ADOPTED in reg~_fi~r session on second and final reading on this day of ~ ,2003. ATYEST City Clerk First Reading ,~~, Second Readin~ 3 ORD. NO. 47-02 ORDINANCE NO. 47-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2002-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; Al.Ii AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2002-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2002-2; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on September 23,2002 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 2002-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2002-2 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 2002-2 was held by the City Commission on October 1, 2002, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2002-2 was found to be in compliance by the Florida Department of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2002-2 was held on December 3, 2002, 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 2002- 2", 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 2002-2. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 47-02 PASSED~ND AD, OPTED in regular session on second and final reading on this the _ day of,~-~.~O-g,~ ,2002. ~'~ Cl~:k First Reading~,~ff_.t/. e;~ 00~ MAYOR 3 ORD. NO. 47-02 CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: PAUL DORLING, DIRECTOR OF PLANN~N,G AND.21~)~ING ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 02-2 BACKGROUND Comprehensive Plan Amendment 02-2 was transmitted to the Florida Department of Community Affairs (DCA) for review following a public hearing held by the City Commission on October 1, 2002. This meeting was also the first reading of the Adoption Ordinance (No. 47-02). DCA staff reviewed the amendment and declined to issue an Objections, Recommendations, and Comments (ORC) Report on November 4, 2002. Amendment 02-2 includes one (1) Privately-initiated Future Land Use Map amendment and five (5) City-initiated text changes. No items have been added, deleted , or otherwise modified since the Transmittal Public Hearing. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board considered Amendment 02-2 at a public hearing on September 23, 2002, and recommended approval of the transmittal of the amendment to the Florida Department of Community Affairs. As DCA declined to issue an ORC report regarding Amendment 02-2, it was not necessary for the amendment to be brought before the Planning & Zoning Board again, and is consequently proceeding directly to City Commission for adoption. RECOMMENDED ACTION By motion, approve on second and final reading Comprehensive Plan Amendment 02-2 (Ordinance 47-02). Attachments: · Ordinance 47-02 · Comprehensive Plan Amendment 02-2 S:~LongRange~Comp~Amend 02-2~02-2 CC-Adoption. doc ORDINANCE NO. 47-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2002-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVFJ,OPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; Al.l. AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2002-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2002-2; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public heating on September 23,2002 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 2002-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2002-2 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 2002-2 was held by the City Commission on October 1, 2002, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2002-2 was found to be in compliance by the Florida Department of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2002-2 was held on December 3, 2002, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~e¢I/on 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 2002- 2", 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 2002-2. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 47-02 PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2002. ATYEST MAYOR City C~e~k FLrst Reading Second Reading 3 ORD. NO. 47-02 CITY OF DELRAY BEACH, FLORIDA COMPREHENSIVE PLAN AMENDMENT 2002 Planning & Zoning Board Transmittal Public Hearing September 23, 2002 City Commission Transmittal Public Hearing October l, 2002 City Commission Adoption Public Hearing December 3, 2002 AMENDMENT 02-2 CITY OF DELRAY BEACH, FLORIDA TABLE OF CONTENTS ~ Pa~e AMENDMENTS TO THE FUTURE LAND USE MAP Meridian Parcel TEXT CHANGES - (CITY INITIATED) Definitions Section, Public Schools Facilities Element 4 Policy B-2.1, Future Land Use Element (Concurrency w/respect to public schools) 4 Policy A-2.4, Future Land Use Element (Location of auto dealerships) 6 Inventory and Analysis, Coastal Management Element (Completion of the recent beach renourishment project) 6 Introduction and Summary of Major Features (Planning Area subsection), Objective B-3, Policy B-3.1 & Policy B-3.2, Future Land Use Element, (regarding the provision of services to land within the Planning Area) CITY OF DELRAY BEACH, FLORIDA AMENDMENTS TO THE FUTURE LAND USE MAP PRIVATELY INITIATED FUTURE LAND USE MAP AMENDMENT: Meridian Parcel · Privately initiated Future Land Use Map amendment for a 16' x 70' parcel of land associated with the Meridian Townhouse Development, from LD (Low Density, 0-5 du/acre) to CC (Commercial Core), and rezoning from R-l-AA (Single-family Residential) to CBD (Central Business District). The parcel is approximately 0.02 TH acres in size and is located on the north side of S.E. 4 Street, approximately 120 east of S.E. 6TM Avenue (Federal Hwy. - Northbound). See Support Document #1 (Meridian Parcel Future Land Use Map Amendment staff report) CITY INITIA TED TEXT CHANGES 1) Location: Pg. PS-22, Definitions Section, Public Facilities Element CONSISTENCY - The condition of not being in conflict with and in furtherance of the goals, objectives and policies of the Comprehensive Plan Elements and the Interlocal Agreement. CONCURRENCY SERVICE AREA LEVEL OF SERVICE STANDARDS - The maximum acceptable percentage of school utilization as identified in the Interlocal Agreement determined by dividing the total number of students for all schools of each type of school in each CSA by the total number of permanent student stations for that type of school ~n each CSA. DEVELOPMENT ORDER- As defined in Section 163.3164(7) Florida Statutes. EDUCATIONAL FACILITIES - The buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve educabonal purposes only. FINANCIALLY FEASIBLE FACILITIES PLAN - A plan which demonstrates the ability to finance capital tmprovements from existing revenue sources and funding mechanisms to correct deficiencies and meet future needs based on achieving and maintaining the adopted level of service for each year of the five (5) year planning period for all schools of each type in each CSA, and each individual school, and for the long range planning period. INTERLOCAL AGREEMENT - Agreement between the Palm Beach County Board of County Commissioners, the Municipalities of Palm Beach County, and the Palm Beach County School Board effective January 25, 2001. LEVEL OF SERVICE (LOS) - The measure of the utilization, expressed as a percentage, which is the result of comparing the number of students enrolled in any school with the satisfactory student stations (FISH capacity) at a given location or within a designated area (i.e., a CSA), e g., a facility with 1000 students and a FISH capacity of 970, has a LOS of 103%. Also referred to as the utilization of a facility. MAXIMUM UTILIZATION OF CAPACITY - Utilization of facilities to ensure the ADOPTED LOS for all schools of each type in each CSA and each individual school is not exceeded. MUNICIPALITIES - All municipalities in Palm Beach County, except those that are exempt from participating in the school concurrency program, pursuant to Section 163.3180, Florida Statutes. PERMANENT STUDENT STATION - The floor area in a public school facility required to house a student in an instructional program. PROPOSED NEW RESIDENTIAL DEVELOPMENT - Any application for residential development or amendment to a previously ~pproved residential development that increases the number of housing units. This shall include any request for any approval of the type that establishes a density of development and which approves a site specific development order on a specific parcel of property. RESIDENTIAL DEVELOPMENT - Any development that is comprised in whole, or part, of dwelling units; for permanent human habitation. SCHOOL BOARD - The governing body of the SCHOOL DISTRICT, a body corporate pursuant to Section 230.21 Florida Statutes. SCHOOL DISTRICT - The district for Palm Beach County created and existing pursuant to Section 4, Article IX of the State Constitution. (2) SCHOOL DISTRICT'S FIVE YEAR CAPITAL FACILITIES PLAN - The SCHOOL DISTRICT of Palm Beach County Five Year Work Plan and Capital Budget as authorized by Section 235.185 Florida Statutes. SCHOOL DISTRICT'S SiX YEAR CAPITAL IMPROVEMENT SCHEDULE - A Table of expenditures and revenues detailing how the SCHOOL DISTRICT shall achieve and maintain the LOS for public school facilities. SITE SPECIFIC DEVELOPMENT ORDER - A development order issued by a Local Government which establishes the density, or maximum density, and which approves a specific plan of Development on a lot or lots pursuant to an application by or on behalf of an OWNER or CONTRACT PURCHASER, including applications ~nitiated by a Local Government. It may apply to a lot or lots under single ownership or a group of lots under separate ownership. It shall apply to all parcels or lots in their entirety taken together of any subdivision. It includes site specific rezonings, special exceptions, conditional uses, special permits, master plan approvals, site plan approvals, plat approvals, BUILDING PERMITS and any Development of Regional Impact as defined in Section 380.06, F.S. It may or may not authorize the actual commencement of development. Two (2) or more development orders which individually do not constitute a site specific development order shall be considered a site specific development order if when taken together they meet the definition of a site specific development order. STUDENT GENERATION MULTIPLIER - As published by the SCHOOL DISTRICT of Palm Beach County, the number of students per household determined by type and size of residential unit. STUDENT STATION - The net square footage requirements per student based upon the instructional program to be housed as defined by FISH TYPE OF SCHOOL Schools in the same categories of education, i.e. elementary, middle or high school. VALID DEVELOPMENT ORDER A DEVELOPMENT ORDER which, was issued by a LOCAL GOVERNMENT: (1) in accordance with proper procedure and in compliance with state law, and the land development regulations and codes, administrative rules and procedures, and general policies of local governments, and the requirements of all other agencies; (2) not by mistake; and (3) which has not expired, lapsed, or been abandoned, revoked, or canceled, by operation of law, or by the local government or pursuant to the local government land development or pursuant to the local government land development regulations or codes, rules, or policies. Change: ADDITION Comment: These definitions are being added to provide a more comprehensive definition section for this element. All definitions included were taken directly from Palm Beach County's School Concurrency Implementing Ordinance. Some (3) definitions were modified slightly to be specific to the City of Delray Beach, as opposed to the more general references of "Palm Beach County" and "local governments". 2) Location: Pg. FL-26, Policy B-2.1, Future Land Use Element (Concurrency - Requirement of Provision of Facilities) Policy B-2.1 Services and facilities shall be provided pursuant to the levels of service as established elsewhere in this Plan, concurrent with occupancy. For water facilities, concurrency shall mean that direct connection to a functioning municipal system is made. For sewer facilities, concurrency shall mean that direct connection to a functioning municipal system is made; or, where such facilities are not reasonably accessible (as defined in the Land Development Regulations), connection to a septic system that meets the requirements of the County Health Department. For public schools concurrency shall be defined as the improvement is in place or construction appropriations are specified within the first three years of the most recently approved School District of Palm Beach County Six Year Capital Improvement Schedule1 as reflected in Table SD-CIP of the Capital Facilities Element. For streets, drainage, and other facilities concurrency shall be determined by the following: the improvement is in place prior to issuance of the occupancy permit; the improvement is bonded, as a part of the subdivision improvements agreement or similar instrument, and there is a schedule of completion in the bonding agreement; the improvement is a part of a governmental capital improvement budget; it has been designed; and a contract for installation has been solicited. Change: MODIFICATION Comment: This policy is being modified to add a specific reference to Public Schools Concurrency. 3) Location: Pg. FL-24, Policy A-2.4, Future Land Use Element (Location of Auto Dealerships) Policy A-2.4 Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following shall apply. 1) Auto related uses other than gasoline stations, wash establishments, and auto parts sales, shall not be permitted in the area encompassed by the CBD zone district. (4) 2) Automobile dealerships shall not locate and/or expand in the following areas: [] Within the CBD zone district; West side of Southbound Federal Highway between George Bush Boulevard and S.E. 10th Street; East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; [] On properties fronting George Bush Boulevard, east of Federal Highway. However, on the east side of Federal Highway, south of N.E 6th Street, an existing dealership may expand onto adjacent property which has an auto sales use and which is zoned AC. 3) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95. 4) Automobile dealerships shall be directed to the following areas: [] North of George Bush Boulevard, between Federal and Dixie Highways; East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market, [] South of Linton Boulevard, between Federal and Dixie Highways; Between the one-way pairs (Federal Highway), from S.E. 3rd__4th Street to S.E. 10th Street; and from N.E. 5th Street to George Bush Boulevard; [] On the north side of Linton Boulevard, between 1-95 and S.W. 10th Avenue, and along Wallace Drive. 5) Auto related uses which involve the servicing and repair of vehicles, other than as part of a full service dealership, shall be directed to industrial/commerce areas. Change: MODIFICATION Comment: At its meeting of December 5, 2000, the City Commission approved Ordinance 33-00, which rezoned Block 112 (between the Federal Highway pairs, from SE 3rd Street to SE 4th Street) from AC (Automotive Commercial) to CBD (Central Business District). As a result of this rezoning, the 4th bullet of the 4th subsection of the above policy (which directs automotive uses to the area from S.E. 3rd Street to S.E. 10th Street, between the Federal Pairs), became in conflict with the 1st subsection (which states no auto related uses are permitted in the CBD zone district). In order to provide internal consistency for this Policy, the 4th subsection is being modified to reflect the rezomng to CBD. (5) Block 112 has subsequently received site plan approval for an 84-unit townhouse development, known as Mallory Square. This project is currently under construction. 4) Location' Pg. CM-5, Inventory & Analysis, Coastal Management Element (Management of Natural Resources subsection, 3rd paragraph) The City has one of the premier beach erosion control and nourishment programs in the State. In 1973, the City constructed an initial beach restoration, placing 1 6 million cubic yards of sand in a 2.7 mile project area by hydraulic dredging from an offshore borrow area. Maintenance nourishment projects were constructed in 1978, 1984, aF~ 1992, and 2002. Beach restoration and maintenance is an on-going project, with periodic maintenance nourishments. The next required nourishment is projected for the year 2000 2010. The beach nourishment project has successfully provided storm protection for upland property. Since 1973, there has been no damage to upland property due to erosion or storm damage. Change: MODIFICATION Comment: This section is being modified to reflect the mopst recent beach renourishment project, completed earlier this year. 5) A. Location: Pg. IN-3, Introduction and Summary of Major Features THE PLANNING AREA The Planning Area is that area which is projected to be the ultimate incorporated area for the City of Delray Beach;._ The City may provide a full or limited range of municipal services to the unincorporated portion of the Planninq Area, before annexation ~,..4 ,~,;~, ~. .... ;+o ~:, ,. ...... ,~ .... ;.-i..... .... ; ........ ;.~.~.4 by tko City The actual limits of the Planning Area are shown in Map 1, and the Planning Area itself is discussed in greater detail in the Land Use and Population Data section of the Future Land Use Element. Change: MODIFICATION Location: Pg. FL-28 Objective B-3, Future Land Use Element Pg. FL-28 Policy B-3.1, Future Land Use Element Pg. FL-28 Policy B-3.2, Future Land Use Element Objective B-3 The City of Delray Beach shall may provide facilities and limited services for that area within its planning boundaries which is not yet annexed. The City shall annex such properbes in a timely manner. (6) Policy B-3.1 Services shall be provided to unincorporated areas upon annexation and they shall be at a level which exists for land uses elsewhere in the City under the same or similar conditions. In circumstances where it not feasible or appropriate to accomplish annexation, individual services (e.g. fire protection, code enforcement), may be provided to unincorporated parcels within the Planning Area, through an interlocal agreement. This paragraph shall not apply to water and sewer services, in areas which received these services from Palm Beach County, prior to annexation. Policy B-3.2 Water and sewer facilities shall may be provided to unincorporated areas by the City, upon demand, in a manner consistent with policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntarily annex upon eligibility unless the property is already eligible in which case, annexation shall precede the provision of services. Comment: The above listed changes are intended to modify the Comprehensive Plan in order to allow certain unincorporated portions of the Planning Area, the ability to obtain water and/or sewer service from Palm Beach County, while not giving up the ability to annex them at some future date. As the Comprehensive Plan is currently written, the City must provide all municipal services upon annexation. In certain situations, it maybe more cost-effective to have Palm Beach County provide some hard infrastructure costs, such as water and sewer services, prior to or even after annexation. The only way to achieve this currently is to remove the subject parcels from the Planning Area, which negates the ability to annex them in the future. S:\LongRange\Comp~,mend 02-2\02-2amendment doc (7) COMPREHENSIVE PLAN AMENDMENT CITY OF DELRAY BEACH, FLORIDA 02-2 SUPPORT DOCUMENT #1 Meridian Parcel FLUM Amendment Staff Report SD #t PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: September 23, 2002 IV. E.' Future Land Use Amendment From LD (Low Density Residential 0-5 d~ac) To CC (Commercial Core) and Rezoning From R-l-AA (Single Family Residential) To CBD (Central Business District) For a Parcel of Land Associated With the Me.ddian Mixed-Use Development. GENERAL DATA: Owner/Applicant .......................... Mallory II, LLC Agent .......................................... Ironwood Properties, Inc. Location ...................................... North Side of SE 4"' Street, Approximately 127 Feet East of SE 6~ Aven~'~--- (Northbound Federal Highway) Property Size .............................. 0.025 Acres Future Land Use Map ................ LD (Low Density Residential 0-5 Du/Acre) Proposed FLUM ........................ CC (Commercial Core) Current Zoning ............................ R-l-AA (Single Family Residential) Proposed Zoning ........................ CBD (Central Business District) Adjacent Zoning ................ North: CBD (Central Business East: South: West: Existing Land Use ................. : .... Proposed Land Use .................... Water Service ............................. Sewer Service ............................. District) R-l-AA (Single Family Residential) GC (General Commercial) & R-l-AA (Single Family Residential) CBD (Central Business District) Single Family Residence Parking associated with the construction of mixed use development that consists of 22 townhouses and 23,228 square feet of office space. Existing on site. Existing on site. A TL A N TI C AVEN~U £ FEDERAL BANK t IV.E. The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from LD (Low Density Residential/0-5 dwelling units per acre) to CC (Commercial Core) and rezoning from R-l-AA (Single Family Residential - Medium Density) to CBD (Central Business District!thfo, r property located on the north side of SE 4th Street, approximately 110' east of SE 6 Avenue (Federal Highway). 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 and Rezoning Amendments for any property within the City. The property is the west 16' of Lot 28, Block 120 of the Town of Delray subdivision and contains 0.025 acres. The remainder of Lot 28 contains a single family residence and is zoned R-l-AA. The western 16', which is the subject of the FLUM and Rezoning applications, is not located in the Marina Historic District. This portion of the property contains a driveway and canopy that is attached to the adjacent single family home to the east. The house on the balance of the property was built in 1934 and is located in the Marina Historic District overlay and is considered a contributing structure. At its meeting of December 5, 2000, the City Commission approved a:~ FLUM and" Zoning Map change to the western portion of Block 120 of the Town of Delray subdivision. These actions change the FLUM designation from GC (General Commercial) to CC (Commercial Core) and the zoning designation from GC (General Commercial) to CBD (Central Business District). At its meeting of August 28, 2002 the Site Plan Review and Appearance Board approved a site plan for a mixed use development consisting of 22 townhouses and 20 offices known as The Meridian. The applicant proposes to incorporate the western 16' of the subject property into this development to be used for parking and landscape area. 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) as part of Comprehensive Plan Amendment-2002-02. LDR {Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.~.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, 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, Planning and Zoning Board Sta .... eport The Meridian - FLUM Amendment and Rezomng Page 2 Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The proposed parking and landscape area is allowed as an accessory use to the approved mixed use development known as The Meridian in the CBD (Central Business District) zoning district. The CBD zoning district is consistent with the proposed Commercial Core Future Land Use Map designation. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-l.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: El 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, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. As noted in the Background section of this report, the FLUM designations of the properties to the west were recently changed to Commercial Core and rezoned to CBD. These actions were taken in order to extend the downtown area as it was deemed more appropriate than the existing uses, which were primarily automotive related. The mixed use project known as The Meridian was approved to the west of the subject property. The eastern boundary of this project is generally uniform except for the subject 16' at the southern end. It has been the developer's intention to incorporate this 16'-wide parcel for additional parking. This action will provide a uniform boundary along the east side of The Meridian development. The proposed FLUM amendment will fulfill Future Land Use Element Policy C-4.2, stated as follows: Planning and Zoning Board Sta,, ,<aport The Meridian - FLUM Amendment and Rezoning Page 3 Future Land Use Element Policy C-4.2: A special CBD plan shall be developed jointly by the CPA and the City. It shall address the maximum development which can be accommodated in a competitive market while still retaining the 'Village like, community by-the-sea" character of the CBD. It shall further identify ~he infrastructure requirements, including parking, which will be needed to accommodate such an intensity of development. Such a plan shall be formally processed as an amendment to the Comprehensive Plan. The plan shall be instituted under the lead of the Community Redevelopment Agency but conducted through close participation with the City's Planning and Zoning Department. The CBD plan has been adopted and is now known as the Downtown Delray Beach Master Plan (adopted March 19, 2002). The Master Plan indicates that "Increasing residential density is absolutely crucial to ensure a healthy and lasting life to the District that will contribute to the vitality of the area." The Master Plan also encourages the establishment of shared parking in the downtown core area. The Meridian development participated in the City's shared parking program. However, despite the shared parking provisions the development is required to contribute six parking spaces ($72,000) towards the City's in-lieu program. Inclusion of the subject property will allow the developer to include additional parking spaces on-site rather than full contribution to the in-lieu program. Therefore, it is appropriate that the proposed FLUM and Zoning Map designations be applied to the property as they are consistent with the Master Plan with respect to parking needs in the downtown area. Since ihi"s Comprehensive Plan policy is furthered by the proposed FLUM amendment, a positive finding can be made with respect to fulfilling a demonstrated need. .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 policy mentioned above as well as other goals, objectives and policies of the City's Comprehensive Plan. The FLUM amendment will also address the following Comprehensive Plan Policy: Future Land Use Element Policy A-1.2- Zoning changes which would result in stdp commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. It is recognized that the proposed FLUM and Rezoning will no( significantly increase the depth of The Meridian property. However, it will be sufficient to increase the amount of on-site parking and reduce the amount of spaces that will be contributed via the in-lieu fee program. Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Planning and Zoning Board Sta,.. <eport The Meridian - FLUM Amendment and Rezoning Page 4 The proposal involves the FLUM amendment on a 0.025 acre parcel from LD to CC and a rezoning from R-l-AA to CBD. With the current FLUM and Zoning Map designations, the property could not be redeveloped, as it does not meet the minimum lot size, lot width, lot depth, and lot frontage in the R-l-AA zoning dis~ct. Given the size of the subject property, redevelopment to a use other than the proposed accessory parking area is unlikely. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. Based on the finding by the Planning and Zoning Board and City Commission for the FLUM and Rezoning for the balance of The Meridian property, the designation change for the subject property would be compatible with the adjacent single family neighborhood to the east. The existing surrounding land uses are vacant to the north, single family residential to the south and east, and mixed use office and residential (The Meridian) to the west. The FLUM designations of the surrounding uses are CC (Commercial Core) to the north and west, LD (Low Density Residential 0-5 dwelling units per acre) to the east, and GC (General Commercial) to the south. The proposed designation change will "square-off" the distdct boundaries, which are Commercial Core along the west side of Block 120 and residential along the east side. Based on the above, a positive finding with respect to compatibility can be made. Complianc®-- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future 'redevelopment of the 0.025 acre parcel of land will occur in accordance with the City's Land Development Regulations during the site plan review process. Future redevelopment will be directed by the Master Plan, which will comply with the City's Land Development Regulations. It is noted that the conveyance of the 16'- wide parcel will create a nonconformity with respect to the rear setback of the single family residence to the east. The required setback in the R-l-AA zoning district is 10' from the property line. When the property is conveyed to The Meridian, the rear setback would be approximately 5'. In order to compensate for this nonconformity, the property owner of the single family residence must apply and be granted a variance from the Historical Preservation Board. Since the conveyance of the property will eliminate the driveway and carport of the single family residence, an alternative parking design must be provided. ^ condition of the FLUM amendment is that a variance must be submitted and granted for the rear yard setback and that alternative parking be provided. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be made. Section 3.2.2 applicable. follows: (Standards for Rezoning Actions): Standards B and E are not The applicable performance standards of Section 3.2.2 are as Planning and Zoning Board Sts,..<eport The Meridian - FLUM Amendment and Rezoning Page 5 (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The property is located within the area identified as stable on the Residential Neighborhood Categorization Map. The development pattern along SE 6th Avenue (northbound Federal Highway) is such that the western halves of the blocks on the east side of the road have been developed as commercial. The subject property is the only instance where the residential zoning has encroached onto the western half of the block. The CBD zoning distdct is the established zoning classification along the western half of these blocks. Therefore, residential zoning for this parcel is not appropriate. Therefore, this policy should not be applicable given the existing development pattern. (c) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial zoning developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed rezoning would designate the 0.025 piece of land as CBD and thereby slightly increasing the depth of The Meridian property along SE 6t~ Avenue (Federal Highway) which is also zoned CBD. The proposed rezoning will allow The Meridian mixed use development to construct additional parking spaces thereby reducing the need for in-lieu parking spaces making for a better office and residential development. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use 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 following zoning designations and uses border the property: Direction Zoninq Uses North CBD West CBD South GC East R-1-A Atlantic Center Shoppes Mallory Square townhouses Single family residences Single family residences The proposed rezoning is compatible with the adjacent land uses and consistent with the development pattern along Federal Highway. As noted, in the background section of this report, the Planning and Zoning Board and City Commission made a finding that the CBD zoning district is compatible with the Planning and Zoning Board Sta...~eport The Meridian - FLUM Amendment and Rezoning Page 6 surrounding properties when the properties to the north and west were rezoned on December 5, 2000. Section 2.4.5(D}(5} (Rezonin~l Findincjs): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three, 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. As noted previously, development pattern along SE 6~ Avenue has been established such that the western half of the blocks have developed as commercial where the eastern half has been developed as residential. The proposed rezoning to CBD is the correct zoning designation for the proposed Commercial Core FLUM designation. The proposed rezoning will "square-oH' the zoning boundaries consistent with the remainder of the block. Therefore, a finding can be made the rezoning fulfills Subsections 'b" and The property is not in an area that requires review by the DDA (Downtown Development Authority). Community Redevelopment Agency (CRA): The CRA reviewed the FLUM amendment and Zoning Map change at its meeting of September 12, 2002 and recommended approval. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: Planning and Zoning Board Sta,. ,<eport The Meridian - FLUM Amendment and Rezoning Page 7 · Beach Property Owners · Via Marina · PROD · Presidents Council The proposed amendments will provide a consistent boundary between the west (commercial) half of the block and the east (residential) half. It is noted that the conveyance of the 16'-wide parcel will create a nonconformity with respect to the rear setback of the house. A condition of the FLUM amendment is that a vadance application is submitted and a variance is granted for the rear setback by the Historic Preservation Board and that the parking is relocated elsewhere on the property. Furthermore, the proposed designation changes are consistent with the Downtown Delray Beach Master 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), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). Therefore, the proposed FLUM amendment and Rezoning can be recommended for approval based on the findings outlined in this report. A. Continue with direction. Bo Recommend to the City Commission approval of the FLUM Amendment and Rezoning for the subject property, based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; or Co Recommend denial of the FLUM Amendment and Rezoning based on a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and Section 3.1.1 (Required Findings) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the proposed FLUM Amendment from LD (Low Density Residential 0-5 dwelling units per acre) to CC (Commercial Core), subject to the condition that a variance application is submitted and granted for the reduction of .the rear yard setback, replacement of parking elsewhere on the property, and approval of the Rezoning from R-l-AA (Single Family Residential) to CBD (Central Business District) based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Planning and Zoning Board Str~.., ,{eport The Meridian - FLUM Amendment and Rezoning Page 8 Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan Report prepared by: Scott Pape, Senior Planner Attachments: · Proposed Future Land Use Map · Zoning Map · Survey N ~o.~.~ THE MERIDIAN AR~OF M~F~TIO" FROM: R-I-~ (SINGLE F~ILY RESIDe) c~ o~ ~[~ eC~CH. ~ ~ TO: CBD (CENT~ BUSINESS DIS~ PLANING ~ Z~ING DEPAR~T SKETCH OF SPEuiFIC PURPOSE SUR¥ Y A PORTION Of BLOCK 120 TOWN OF LIN'i'ON (NOW DELI~Y "" (PB 1, P(; 3, PBCR) I ~ ~--~--WAY ~ ~52', S122', W143', BLOCK o - LESS THE W5' S70', W127', BLOCK i20 ~ 30.00' ~SS ORB 430, PG 0 {PB 1, PO 3, PBCR) A POTION OF BLOCK 120. ~'N OF U~ON (NOW D~Y B~H). ACCORDING ~ THE P~T ~EOF RECORDED IN P~T BOOK 1, ~E 3 OF ~E PUBUC RECORDS OF PALM B~CH ~, ~RID& MORE . P~TICU~RLY D~CRIBED ~ ~:~nWS: FOR ~0~ 7~.0~ ~ OF ~ ~ ~ OF ~ID BLOCK 12D. MORE OR ~g. ! { C~RTI~I~AT~ L -' I SEAGATE 4TH II _ S.E. ~ ~ ~MANOR ; ~ -- FUTURE ~ND USE M~ AMENDM~ - ~ o¢ ~omF~ FROM: LD (LOW DENSI~ RESIDe) ~ ~ DE~AY BEACH, ~ PLANING · ZONING DEPAR~T ~ TO: CC (COMMERCI~ CO~) S.E. 2ND 3RD 4.TH DELRA Y BEACH ST. ST. WOMEN'S cZ_UB 0 SEA GA TE MANOR N CITY OF' DEI.RAY BEACH, Fi. PLANNING & ZONINGDEPART'M~IT -FLUM AND R.E. ZONING -. ASSOCIATED WITH THE MERIDIAN FLUM REZONING FROM: LD (LO'~ ~-~'NSITY RESIDENTIAL) FROM: R-l-AA (SING~----'~-'~-~RESIDENTIAL)I TO; CC (COMMERCIAL CORE) TO: CaD (CENTRAL BUSINESS DISTRICT) --- DIGITAL BASE ~ SYEPE~ -- t&~P F~: LM 640 NOTICE OF PUBLIC HEARING NOTICE OF COMPREHENSIVE PLAN CHANGE 2002-2 CITY OF DELRAY BEACH, FLORIDA ORDINANCE NO. 47-O~2 16UI61 ~UGH 163J~43, INO. USJVL AJL AS MOlE PLIL?K1JL4A~ DESC~BB) iN ~IIT 'A' ENTIT]8) ' ~81SA~ PL~ AJ/J~DIENT ~002-? ~ It[OIU'OUI]]) HEIEIN BY III]~l]l(~; I'IIOWOIK A UVING CLIIISL A GENBIIJ. I~]vc.M]! (]~IIISL ~ ~ ~ DAF,. A LPublic Heorinfl repr~ Compehe~ ~ AA~endmm 2O6.2-2 will be ~ ~ TUESDAY. DECEJABER Ommbers al ~ floll, iOO N.W. ld Aveflue, uem]y ueocn, Honao. L3 ,udPddes L3.J & L2.2 of tb Fm;e i~Jl"~ b, d n~ b ~"' )' d s~ces' to I,.dw~ b FbnoJng~ Tb dmnges ~o fiN, FUTURE LAND USE AIAI' (FLUM) inulu erie me of bd wIM, d b budfled ,s, IN,l~ IAJI iflMded pdies om imi~d to dMd the puWk heo~ng md eminent q~n_ dte PIm Ammdmd ~' sdra ~ commen~ k ~ng ~ dm elmming md'Zonin~ Deprt~. Furdm ~ ~ ~ (e-moi~ B! DUnO~hhlTe~dQnning.~] o4' ~ ~ 5U/243-7040, I)ehv~ h lu~ o[ 8.'00 A.M. ond 5.'00 p.M., MoAdOy hSroqh r.~oy, exckMing hoklc~s. person .nmy need to ensure thol o ved~ reconi ot Ihe proceedings is .nmde, which r~, indues, the testin~ 286.0105. Pddished: ~ hdon/Ddmy bKk bws ~ OFDELUY BEACH ORDINANCE NO. 47-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2002-2 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 2002-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2002-2; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on September 23,2002 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 2002-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2002-2 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public heatings on Comprehensive Plan Amendment 2002-2 was held by the City Commission on October 1, 2002, at which time it was authorized to be transmitted to the Depatiment of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2002-2 was found to be in compliance by the Florida Department of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2002-2 was held on December 3, 2002, 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 2002- 2", 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 2002-2. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Depa~-m~ent of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 47-02 PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2002. ATTEST MAYOR City Clerk First Reading~~ff_~/. ~ 00~ Second Reading 3 ORD. NO. 47-02 DELRAY BEACH AII-AmedcaCity 1993 2001 CITY CLERK 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 561/243-7000 CERTIFICATION I, BARBARA GARITO, City Clerk of the City of De[ray Beach, do hereby certify that the attached document is a true and correct copy of Ordinance No. 47-02, as the same was passed by the Delray Beach City Commission in regular session on the 1"t of October, 2002. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 3rd day of October, 2002. Barbara Oarito City Clerk City of Delray Beach, Florida (SEAL) THE EFFORT ALWAYS MATTERS TO: THRU: CITY c0MMISSlON DOCUMENTATION DAVID T. HARDEN CITY MANAGER ,~ ~ SUBJECT: MEETING OF OCTOBER 1~ 2002 FIRST READING AND TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 2002-2 (02-2). The City Commission initiated Comprehensive Plan Amendment 02-2 on August 20, 2002. One privately initiated Future Land Use Map Amendment, the Meridian Parcel, has been added to this amendment. In addition, a City Initiated Text Amendment regarding the disposition of services provided to the Planning Area, has also been included. The remaining items in the Plan Amendment consist of four (4) City Initiated text changes. Full analysis of each of the items is contained in the attached Comprehensive Plan amendment. A brief description of each item is listed below also attached. PLANNING & The Planning and Zoning Board held its public hearing regarding the amendment on September 23, 2002. During the Public Hearing, John Bennett, speaking as the President of PROD, made general comments. In addition, Cary Glickstein, provided clarification on issues regarding his privately initiated FLUM amendment (Meridian Parcel). After discussion, the Board unanimously (5-0, Krall and Pike absent) to recommended the City Commission approve the amendment on first reading and transmit Comprehensive Plan Amendment 02-2 to the Florida Department of Community Affairs. RECOMMENDED A~CTION ' By motion, recommend that the City Commission transmit to the Florida Department of Community Affairs, proposed Comprehensive Plan Amendment 02-2, containing the material in the staff report and attachment. Attachments: · Summary of Comp Plan Amendment 02-2 · Comprehensive Plan Amendment 02-2 S:\LongRange\Comp~Amend 02-2\02-2 ccxmittal.doc ORDINANCE NO. 47-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2002-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENS/VE PLANNING AND LAND DEVF, I,OPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; AI,L AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2002-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82~89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Plarming Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2002-2; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on September 23,2002 in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHERRAS, after the above referenced pubhc hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2002-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2002-2 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 2002-2 was held by the City Commission on October 1, 2002, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2002-2 was found to be in compliance by the Florida Department of Community Affaixs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2002-2 was held on December 3, 2002, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, AS FOI J .OWS: 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 I of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2002- 2", which is attached hereto as Exhibit "A" and incorporated herein by reference. Sectioll 3. That the document entitled "Comprehensive Plan - Delmy Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2002-2. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Admim'stration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 47-02 PASSED AND ADOPTED in reg,_,l~? session on second and final reading on thi.~ the day of _, 2002. ATTEST MAYOR CAty Clerk Fi~t Reading Second Reading 3 ORD. NO. 47-02 TEXT AMENDMENTS: Modification of the definitions section of the Public Schools Facilities Element, by adding numerous new definitions. Modification of Policy B-2.1 of the Future Land Use Element, regarding Concurrency, to add specific language with respect to Public School Concurrency Review. Modification of Policy A-2.4 of the Future Land Use Element, regarding the location of automobile dealerships, to decrease the area which dealerships should be directed to, as a result of a rezoning which expanded the CDB (Central Business District). · Modification of the Inventory and Analysis section of the Coastal Management Element to reflect the recent completion of the beach renourishment project. Modification of the Introduction and Summary of Major Features (Planning Area subsection), Objective B-3, and Policies B-3.1 & B-3.2 of the Future Land Use Element, all regarding the provision of services to land within the Planning Area. PRIVATELY INITIATED FUTURE LAND USE MAP AMENDMENT: Privately initiated Future Land Use Map amendment for a 16' x 70' parcel of land associated with the Meridian Townhouse Development, from LD (Low Density, 0-5 du/acre) to CC (Commercial Core), and rezoning from R-l-AA (Single-family Residential) to CBD (Central Business District). The parcel is approximately 0.02 acres in size and is located on the north side of S.E. 4TM Street, approximately 120 east of S.E. 6TM Avenue (Federal Hwy. - Northbound). CITY OF DELRAY BEACH, FLORIDA COMPREHENSIVE PLAN AMENDMENT 2002 2 Planning & Zoning Board Transmittal Public Hearing September 23, 2002 City Commission Transmittal Public Hearing October l, 2002 COMPREHENSIVE CITY OF PLAN AMENDMENT DELRAY BEACH, FLORIDA 02-2 I ~ TABLE OF CONTENTS ~ Page AMENDMENTS TO THE FUTURE LAND USE MAP Meridian Parcel TEXT CHANGES - (CITY INITIATED) Definitions Section, Public Schools Facilities Element 4 Policy B-2.1, Future Land Use Element (Concurrency w/respect to public schools) 4 Policy A-2.4, Future Land Use Element (Location of auto dealerships) 6 Inventory and Analysis, Coastal Management Element (Completion of the recent beach renourishment project) 6 Introduction and Summary of Major Features (Planning Area subsection), Objective B-3, Policy B-3.1 & Policy B-3.2, Future Land Use Element, (regarding the provision of services to land within the Planning Area) COMPREHENSIVE PLAN AMENDMENT. 02-2 CITY OF DELRAY BEACH, FLORIDA AMENDMENTS TO THE FUTURE LAND USE MAP PRIVATELY INITIATED FUTURE LAND USE MAP AMENDMENT: Meridian Parcel · Privately initiated Future Land Use Map amendment for a 16' x 70' parcel of land associated with the Meridian Townhouse Development, from LD (Low Density, 0-5 du/acre) to CC (Commercial Core), and rezoning from R-l-AA (Single-family Residential) to CBD (Central Business District). The parcel is approximately 0.02 acres in size and is located on the north side of S.E. 4TM Street, approximately 120 east of S.E. 6TM Avenue (Federal Hwy. - Northbound). See Support Document #1 (Meridian Parcel Future Land Use Map Amendment staff report) CITY INITIA TED TEXT CHANGES Location: Pg. PS-22, Definitions Section, Public Facilities Element CONSISTENCY - The condition of not being in conflict with and in furtherance of the goals, objectives and policies of the Comprehensive Plan Elements and the Interlocal Agreement. CONCURRENCY SERVICE AREA LEVEL OF SERVICE STANDARDS - The maximum acceptable pementage of school utilization as identified in the Interlocal Agreement determined by dividing the total number of students for all schools of each type of school in each CSA by the total number of permanent student stations for that type of school in each CSA. DEVELOPMENT ORDER -As defined in Section 163.3164(7) Florida Statutes. EDUCATIONAL FACILITIES - The buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve educational purposes only. FINANCIALLY FEASIBLE FACILITIES PLAN - A plan which demonstrates the ability to finance capital improvements from existing revenue sources and funding mechanisms to correct deficiencies and meet future needs based on achieving and maintaining the adopted level of service for each year of the five (5) year planning period for all schools of each type in each CSA, and each individual school, and for the long range planning period. INTERLOCAL AGREEMENT - Agreement between the Palm Beach County Board of County Commissioners, the Municipalities of Palm Beach County, and the Palm Beach County School Board effective January 25, 2001. LEVEL OF SERVICE (LOS) - The measure of the utilization, expressed as a percentage, which is the result of comparing the number of students enrolled in any school with the satisfactory student stations (FISH capacity) at a given location or within a designated area (i.e., a CSA), e.g., a facility with 1000 students and a FISH capacity of 970, has a LOS of 103%. Also referred to as the utilization of a facility. MAXIMUM UTILIZATION OF CAPACITY - Utilization of facilities to ensure the ADOPTED LOS for all schools of each type in each CSA and each individual school is not exceeded. MUNICIPALITIES -All municipalities in Palm Beach County, except those that are exempt from participating in the school concurrency program, pursuant to Section 163.3180, Florida Statutes. PERMANENT STUDENT STATION - The floor area in a public school facility required to house a student in an instructional program. PROPOSED NEW RESIDENTIAL DEVELOPMENT - Any application for residential development or amendment to a previously approved residential development that increases the number of housing units. This shall include any request for any approval of the type that establishes a density of development and which approves a site specific development order on a specific parcel of property. RESIDENTIAL DEVELOPMENT - Any development that is comprised in whole, or part, of dwelling units; for permanent human habitation. SCHOOL BOARD - The governing body of the SCHOOL DISTRICT, a body corporate pursuant to Section 230.21 Florida Statutes. SCHOOL DISTRICT - The district for Palm Beach County created and existing pursuant to Section 4, Article IX of the State Constitution. (2) SCHOOL DISTRICT'S FIVE YEAR CAPITAL FACILITIES PLAN - The SCHOOL DISTRICT of Palm Beach County Five Year Work Plan and Capital Budget as authorized by Section 235.185 Florida Statutes. SCHOOL DISTRICT'S SIX YEAR CAPITAL IMPROVEMENT SCHEDULE - A Table of expenditures and revenues detailing how the SCHOOL DISTRICT shall achieve and maintain the LOS for public school facilities. SITE SPECIFIC DEVELOPMENT ORDER - A development order issued by a Local Government which establishes the density, or maximum density, and which approves a specific plan of Development on a lot or lots pursuant to an application by or on behalf of an OWNER or CONTRACT PURCHASER, including applications initiated by a Local Government. It may apply to a lot br lots under single ownership or a group of lots under separate ownership. It shall apply to all parcels or lots in their entirety taken together of any subdivision. It includes site specific rezonings, special exceptions, conditional uses, special permits, master plan approvals, site plan approvals, plat approvals, BUILDING PERMITS and any Development of Regional Impact as defined in Section 380.06, F.S. It may or may not authorize the actual commencement of development. Two (2) or more development orders which individually do not constitute a site specific development order shall be considered a site specific development order if when taken together they meet the definition of a site specific development order. STUDENT GENERATION MULTIPLIER - As published by the SCHOOL DISTRICT of Palm Beach County, the number of students per household determined by type and size of residential unit. STUDENT STATION - The net square footage requirements per student based upon the instructional program to be housed as defined by FISH. TYPE OF SCHOOL - Schools in the same categories of education, i.e. elementary, middle or high school. VALID DEVELOPMENT ORDER - A DEVELOPMENT ORDER which: was issued by a LOCAL GOVERNMENT: (1) in accordance with proper procedure and in compliance with state law, and the land development regulations and codes, administrative rules and procedures, and general policies of local governments, and the requirements of all other agencies; (2) not by mistake; and (3) which has not expired, lapsed, or been abandoned, revoked, or canceled, by operation of law, or by the local government or pursuant to the local government land development or pursuant to the local government land development regulations or codes, rules, or policies. Change: ADDITION Comment: These definitions are being added to provide a more comprehensive definition section for this element. All definitions included were taken directly from Palm Beach County's School Concurrency Implementing Ordinance. Some (3) definitions were modified slightly to be specific to the City of Delray Beach, as opposed to the more general references of "Palm Beach County" and "local governments". 2) Location: Pg. FL-26, Policy B-2.1, Future Land Use Element (Concurrency - Requirement of Provision of Facilities) Policy B-2.1 Services and facilities shall be provided pursuant to the levels of service as established elsewhere in this Plan, concurrent with occupancy. For water facilities, concurrency shall mean that direct connection to a functioning municipal system is made. For sewer facilities, concurrency shall mean that direct connection to a functioning municipal system is made; or, where such facilities are not reasonably accessible (as defined in the Land Development Regulations), connection to a septic system that meets the requirements of the County Health Department. For public schools concurrency shall be defined as the improvement is in place or construction appropriations are specified within the first three years of the most recently approved School District of Palm Beach County Six Year Capital Improvement Schedule, as reflected in Table SD-CIP of the Capital Facilities Element. For streets, drainage, and other facilities concurrency shall be determined by the following: the improvement is in place prior to issuance of the occupancy permit; the improvement is bonded, as a part of the subdivision improvements agreement or similar instrument, and there is a schedule of completion in the bonding agreement; the improvement is a part of a governmental capital improvement budget; it has been designed; and a contract for installation has been solicited. Change: MODIFICATION Comment: This policy is being modified to add a specific reference to Public Schools Concurrency. 3) Location: Pg. FL-24, Policy A-2.4, Future Land Use Element (Location of Auto Dealerships) Policy A-2.4 Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following shall apply: 1) Auto related uses other than gasoline stations, wash establishments, and auto parts sales, shall not be permitted in the area encompassed by the CBD zone district. (4) 2) Automobile dealerships shall not locate and/or expand in the following areas: Within the CBD zone district; West side of Southbound Federal Highway between George Bush Boulevard and S.E. 10th Street; East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; n On properties fronting George Bush Boulevard, east of Federal Highway., However, on the east side of Federal Highway, south of N.E. 6th Street, an existing dealership may expand onto adjacent property which has an auto sales use and which is zoned AC. 3) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95. 4) Automobile dealerships shall be directed to the following areas: North of George Bush Boulevard, between Federal and Dixie Highways; East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; South of Linton Boulevard, between Federal and Dixie Highways; Between the one-way pairs (Federal Highway), from S.E. 3rd 4t~ Street to S.E. 10th Street; and from N.E. 5th Street to George Bush Boulevard; On the north side of Linton Boulevard, between 1-95 and S.W. 10th Avenue, and along Wallace Drive. 5) Auto related uses which involve the servicing and repair of vehicles, other than as part of a full service dealership, shall be directed to industrial/commerce areas. Change: MODIFICATION Comment: At its meeting of December 5, 2000, the City Commission approved Ordinance 33-00, which rezoned Block 112 (between the Federal Highway pairs, from SE 3rd Street to SE 4t~ Street) from AC (Automotive Commercial) to CBD (Central Business District). As a result of this rezoning, the 4th bullet of the 4~h subsection of the above policy (which directs automotive uses to the area from S.E. 3rd Street to S.E. 10th Street, between the Federal Pairs), became in conflict with the 1st subsection (which states no auto related uses are permitted in the CBD zone district). In order to provide internal consistency for this Policy, the 4th subsection is being modified to reflect the rezoning to CBD. (5) Block 112 has subsequently received site plan approval for an 84-unit townhouse development, known as Mallory Square. This project is currently under construction. 4) Location: Pg. CM-5, Inventory & Analysis, Coastal Management Element (Management of Natural Resources subsection, 3rd paragraph) The City has one of the premier beach erosion control and nourishment programs in the State. In 1973, the City constructed an initial beach restoration, placing 1.6 million cubic yards of sand in a 2.7 mile project area by hydraulic dredging from a.n offshore borrow area. Maintenance nourishment projects were constructed in 1978, 1984, =nd 1992, and 2002. Beach restoration and maintenance is an on-going project, with periodic maintenance nourishments. The next required nourishment is projected for the year 2000 2010. The beach nourishment project has successfully provided storm protection for upland property. Since 1973, there has been no damage to upland property due to erosion or storm damage. Change: MODIFICATION Comment: This section is being modified to reflect the mopst recent beach renourishment project, completed earlier this year. 5) A. Location: Pg. IN-3, Introduction and Summary of Major Features THE PLANNING AREA The Planning Area is that area which is projected to be the ultimate incorporated area for the City of Delray Beach,_ The City may provide a full or limited ranqe of municipal services to the unincorporated portion of the Planninq Area, before annexation '~"'~ ,,,a~ ~, .... ~*o ~' '1~ range '-~ .... ;"~-'"~ .... ~'":'o "~'""~'~"'~ by *~'- City The actual limits of the Planning Area are shown in Map 1, and the Planning Area itself is discussed in greater detail in the Land Use and Population Data section of the Future Land Use Element. Change: MODIFICATION Location: Pg. FL-28 Objective B-3, Future Land Use Element Pg. FL-28 Policy B-3.1, Future Land Use Element Pg. FL-28 Policy B-3.2, Future Land Use Element Objective B-3 The City of Delray Beach she!! may provide facilities and limited services for that area within its planning boundaries which is not yet annexed. The City shall annex such properties in a timely manner. Policy B-3.1 Services shall be provided to unincorporated areas upon annexation and they shall be at a level which exists for land uses elsewhere in the City under the same or similar conditions. In circumstances where it not feasible or appropriate to accomplish annexation, individual services (e.g. fire protection, code enforcement), may be provided to unincorporated parcels within the Planning Area, through an interlocal agreement. This paragraph shall not apply to water and sewer services, in areas which received these services from Palm Beach County, prior to annexation. Policy B-3.2 Water and sewer facilities shall may be provided to unincorporated areas by the City, upon demand, in a manner consistent with policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntarily annex upon eligibility unless the property is already eligible in whi~:h case, annexation shall precede the provision of services. Comment: The above listed changes are intended to modify the Comprehensive Plan in order to allow certain unincorporated portions of the Planning Area, the ability to obtain water and/or sewer service from Palm Beach County, while not giving up the ability to annex them at some future date. As the Comprehensive Plan is currently written, the City must provide all municipal services upon annexation. In certain situations, it maybe more cost-effective to have Palm Beach County provide some hard infrastructure costs, such as water and sewer services, prior to or even after annexation. The only way to achieve this currently is to remove the subject parcels from the Planning Area, which negates the ability to annex them in the future. S:\Long Range\Compg~,mend 02-2\02-2amendment.doc (7) COMPREHENSIVE PLAN AMENDMENT 02-2 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #1 Meridian Parcel FLUM Amendment Staff Report SD #1 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: September 23, 2002 IV. E.' Future Land Use Amendment From LD (Low Density Residential 0-5 du/ac) To CC (Commercial Core) and Rezoning From R-l-AA (Single Family Residential) To CBD (Central Business District) For a Parcel of Land Associated With the Meridian Mixed-Use Development. GENERAL DATA: Owner/Applicant .......................... Mallory II, LLC Agent .......................................... Ironwood Properties, inc. Location ...................................... North Side of SE 4th Street, Approximately 127 Feet East of SE 6~ Avenue (Northbound Federal Highway) PropeAy Size .............................. 0.025 Acres Future Land Use Map ................ LD (Low Density Residential 0-5 Du/Acre) Proposed FLUM ........................ CC (Commercial Core) Current Zoning ............................ R-l-AA (Single Family Residential) Proposed Zoning ........................ CBD (Central Business District) Adjacent Zoning ................ NoAh: CBD (Central Business East: South: West: Existing Land Use ...................... Proposed Land Use .................... Water Service ............................. Sewer Service ............................. District) Rd-AA (Single Family Residential) GC (General Commercial) & R-l-AA (Single Family Residential) CBD (Central Business District) Single Family Residence Parking associated with the construction of mixed use development that consists of 22 townhouses and 23,228 square feet of office space. Existing on site. Existing on site. ATLANTIC AVENUE ~OEUT'r' F'~DERAL $ £ 2ND ST The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from LD (Low Density Residential/0-5 dwelling units per acre) to CC (Commercial Core) and rezoning from R-l-AA (Single Family Residential - Medium Density) to CBD (Central Business District) for property located on the north side of SE 4th Street, approximately 110' east of SE 6th Avenue (Federal Highway). 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 and Rezoning Amendments for any property within the City. The property is the west 16' of Lot 28, Block 120 of the Town of Delray subdivision and contains 0.025 acres. The remainder of Lot 28 contains a single family residence and is zoned R-l-AA. The westem 16', which is the subject of the FLUM and Rezoning applications, is not located in the Marina Historic District. This portion of the property contains a driveway and canopy that is attached to the adjacent single family home to the east. The house on the balance of the property was built in 1934 and is located in the Marina Historic District overlay and is considered a contributing structure. At its meeting of December 5, 2000, the City Commission approved a FLUM and Zoning Map change to the western portion of Block 120 of the Town of Delray subdivision. These actions change the FLUM designation from GC (General Commercial) to CC (Commercial Core) and the zoning designation from GC (General Commercial) to CBD (Central Business District). At its meeting of August 28, 2002 the Site Plan Review and Appearance Board approved a site plan for a mixed use development consisting of 22 townhouses and 20 offices known as The Meridian. The applicant proposes to incorporate the westem 16' of the subject property into this development to be used for parking and landscape area. 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) as part of Comprehensive Plan Amendment 2002-02. 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 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, Planning and Zoning Board Sta,.. ~eport The Meridian - FLUM Amendment and Rezoning Page 2 Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The proposed parking and landscape area is allowed as an accessory use to the approved mixed use development known as The Meridian in the CBD (Central Business District) zoning district. The CBD zoning district is consistent with the proposed Commercial Core Future Land Use Map designation. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. As noted in the Background section of this report, the FLUM designations of the properties to the west were recently changed to Commercial Core and rezoned to CBD. These actions were taken in order to extend the downtown area as it was deemed more appropriate than the existing uses, which were primarily automotive related. The mixed use project known as The Meridian was approved to the west of the subject property. The eastern boundary of this project is generally uniform except for the subject 16' at the southern end. It has been the developer's intention to incorporate this 16'-wide parcel for additional parking. This action will provide a uniform boundary along the east side of The Meridian development. The proposed FLUM amendment will fulfill Future Land Use Element Policy C-4.2, stated as follows: Planning and Zoning Board Sta,, ,<epod The Meridian - FLUM Amendment and Rezoning Page 3 Future Land Use Element Policy C-4.2: A special CBD plan shall be developed jointly by the CRA and the City. It shall address the maximum development which can be accommodated in a competitive market while still retaining the 'Village like, community by-the-sea" character of the CBD. It shall further identify the infrastructure requirements, including parking, which will be needed to accommodate such an intensity of development. Such a plan shall be formally processed as an amendment to the Comprehensive Plan. The plan shall be instituted under the lead of the Community Redevelopment Agency but conducted through close participation with the City's Planning and Zoning Department. The CBD plan has been adopted and is now known as the Downtown Delray Beach Master Plan (adopted March 19, 2002). The Master Plan indicates that "Increasing residential density is absolutely crucial to ensure a healthy and lasting life to the District that will contribute to the vitality of the area." The Master Plan also encourages the establishment of shared parking in the downtown core area. The Meridian development participated in the City's shared parking program. However, despite the shared parking provisions the development is required to contribute six parking spaces ($72,000) towards the City's in-lieu program. Inclusion of the subject property will allow the developer to include additional parking spaces on-site rather than full contribution to the in-lieu program. Therefore, it is appropriate that the proposed FLUM and Zoning Map designations be applied to the property as they are consistent with the Master Plan with respect to parking needs in the downtown area. Since this Comprehensive Plan policy is furthered by the proposed FLUM amendment, a positive finding can be made with respect to fulfilling a demonstrated need. [] 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 policy mentioned above as well as other goals, objectives and policies of the City's Comprehensive Plan. The FLUM amendment will also address the following Comprehensive Plan Policy: Future Land Use Element Policy A-1.2- Zoning changes which would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. It is recognized that the proposed FLUM and Rezoning will not significantly increase the depth of The Meridian property. However, it will be sufficient to increase the amount of on-site parking and reduce the amount of spaces that will be contributed via the in-lieu fee program. [] Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Planning and Zoning Board Sta,..<eport The Meridian - FLUM Amendment and Rezoning Page 4 The proposal involves the FLUM amendment on a 0.025 acre parcel from LD to CC and a rezoning from R-l-AA to CBD. With the current FLUM and Zoning Map designations, the property could not be redeveloped, as it does not meet the minimum lot size, lot width, lot depth, and lot frontage in the R-l-AA zoning district. Given the size of the subject property, redevelopment to a use other than the proposed accessory parking area is unlikely. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. Based on the finding by the Planning and Zoning Board and City Commission for the FLUM and Rezoning for the balance of The Meridian property, the designation change for the subject property would be compatible with the adjacent single family neighborhood to the east. The existing surrounding land uses are vacant to the north, single family residential to the south and east, and mixed use office and residential (The Meridian) to the west. The FLUM designations of the surrounding uses are CC (Commercial Core) to the north and west, LD (Low Density Residential 0-5 dwelling units per acre) to the east, and GC (General Commercial) to the south. The proposed designation change will "square-off" the district boundaries, which are Commercial Core along the west side of Block 120 and residential along the east side. Based on the above, a positive finding with respect to compatibility can be made. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the 0.025 acre parcel of land will occur in accordance with the City's Land Development Regulations during the site plan review process. Future redevelopment will be directed by the Master Plan, which will comply with the City's Land Development Regulations. It is noted that the conveyance of the 16'- wide parcel will create a nonconformity with respect to the rear setback of the single family residence to the east. The required setback in the R-l-AA zoning district is 10' from the property line. When the property is conveyed to The Meridian, the rear setback would be approximately 5'. In order to compensate for this nonconformity, the property owner of the single family residence must apply and be granted a variance from the Historical Preservation Board. Since the conveyance of the property will eliminate the driveway and carport of the single family residence, an alternative parking design must be provided. A condition of the FLUM amendment is that a variance must be submitted and granted for the rear yard setback and that alternative parking be provided. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be made. ! Section 3.2.2 (Standards for Rezoninq Actions): Standards B and E are not applicable. The applicable performance standards of Section 3.2,2 are as follows: Planning and Zoning Board Sta,., <eport The Meridian - FLUM Amendment and Rezoning Page 5 (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The property is located within the area identified as stable on the Residential Neighborhood Categorization Map. The development pattern along SE 6th Avenue (northbound Federal Highway) is such that the western halves of the blocks on the east side of the road have been developed as commercial. The subject property is the only instance where the residential zoning has encroached onto the western half of the block. The CBD zoning district is the established zoning classification along the western half of these blocks. Therefore, residential zoning for this parcel is not appropriate. Therefore, this policy should not be applicable given the existing development pattern. (c) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial zoning developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed rezoning would designate the 0.025 piece of land as CBD and thereby slightly increasing the depth of The Meridian property along SE 6th Avenue (Federal Highway) which is also zoned CBD. The proposed rezoning will allow The Meridian mixed use development to construct additional parking spaces thereby reducing the need for in-lieu parking spaces making for a better office and residential development. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use 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 following zoning designations and uses border the property: Direction Zoning Uses North CBD West CBD South GC East R-1-A Atlantic Center Shoppes Mallory Square townhouses Single family residences Single family residences The proposed rezoning is compatible with the adjacent land uses and consistent with the development pattern along Federal Highway. As noted, in the background section of this report, the Planning and Zoning Board and City Commission made a finding that the CBD zoning district is compatible with the Planning and Zoning Board St~,.. ,{eport The Meridian - FLUM Amendment and Rezoning Page 6 surrounding properties when the properties to the north and west were rezoned on December 5, 2000. Section 2.4.5(D)(5) (Rezonin_q Findinqs): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three, 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; Gm 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. As noted previously, development pattern along SE 6th Avenue has been established such that the western half of the blocks have developed as commercial where the eastern half has been developed as residential. The proposed rezoning to CBD is the correct zoning designation for the proposed Commercial Core FLUM designation. The proposed rezoning will "square-off' the zoning boundaries consistent with the remainder of the block. Therefore, a finding can be made the rezoning fulfills subsections "b" and The property is not in an area that requires review by the DDA (Downtown Development Authority). Community Redevelopment Aqency (CRA): The CRA reviewed the FLUM amendment and Zoning Map change at its meeting of September 12, 2002 and recommended approval. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: Planning and Zoning Board sra.. ,<eport The Meridian - FLUM Amendment and Rezoning Page 7 · Beach Property Owners · Via Marina · PROD · Presidents Council The proposed amendments will provide a consistent boundary between the west (commercial) half of the block and the east (residential) half. It is noted that the conveyance of the 16'-wide parcel will create a nonconformity with respect to the rear setback of the house. A condition of the FLUM amendment is that a variance application is submitted and a variance is granted for the rear setback by the Historic Preservation Board and that the parking is relocated elsewhere on the property. Furthermore, the proposed designation changes are consistent with the Downtown Delray Beach Master 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), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). Therefore, the proposed FLUM amendment and Rezoning can be recommended for approval based on the findings outlined in this report. A. Continue with direction. Recommend to the City Commission approval of the FLUM Amendment and Rezoning for the subject property, based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; or Recommend denial of the FLUM Amendment and Rezoning based on a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and Section 3.1.1 (Required Findings) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the proposed FLUM Amendment from LD (Low Density Residential 0-5 dwelling units per acre) to CC (Commercial Core), subject to the condition that a variance application is submitted and granted for the reduction of the rear yard setback, replacement of parking elsewhere on the property, and approval of the Rezoning from R-l-AA (Single Family Residential) to CBD (Central Business District) based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Planning and Zoning Board St~,.. ?,eport The Meridian - FLUM Amendment and Rezoning Page 8 Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan Report prepared by: Scott Pape, Senior Planner Attachments: · Proposed Future Land Use Map · Zoning Map · Survey N CITY Of DELRAY BEACH. FL PLANNING &: ZONING DEPARTMENT AREA OF MODIFICATION THE MERIDIAN -- FUTURE LAND USE MAP AMENDMENT -- FROM: LD (LOW DENSITY RESIDENTIAL) TO' CC (COMMERCIAL CORE) -- DIGITAL BASE I/lAP SYSTEM -- MaP REF Lid 64-0 SKETCH OF SPEciFIC PURPOSE SURVEY A PORTION OF BLOCK 120 TOWN OF LINTON (NOW DELRAY "" (pB 1. Pi; 3. PBCR) I SCALE: ~ ~G~--~--WAY UNE OF NO.BOUND ~U N52', S122', W143'. BLOCK 120 ~ LESS THE W5' ' ~1 ~ I 127.00' ~ 43 oo' ~ -~ ~///. =- I 25.00' ' o ~/~ S70', W127', BLOCK i20 ~ ~ 30.00' T so~u UNE¢ 0~~~18.00'', ~ ~ ~ ° ~ BLOCK ~ 20~ I _;~NB¢58'46" ~ (PB 1, PG 3, PBCR) __ A POmlON OF BLOCK 120, ~'N OF UmON (NOW D~Y B~H), ACCORDING ~ THE P~T ~EREOF RECORDED IN P~T BOOK 1, P~E 3 OF ~E PUBMO RECORDS OF PALM B~OH ~, ~ORID~ MORE P~TICU~RLY D~GRIBED ~ ~Wg: FOR THE ~R~, ~: SO~ 70.00 ~ OF THE ~H ~- DF SAID BLOCK 120. MIOH$~ D. ROSE ~D ~DS L~NG IN ~E C~ DF D~Y B~CH, P~M PRO~IOA SU~DE ~D MAPPER B~CH COUP, ~ORID~ CON%~NING 1120 SQUARE ~, ~RI~ REGI~ATION NO. 3995 MORE OR PRDJE~ NO: 01--0557&03 SH~ 1 OF 1 SH~ UN~ E B~E ~ SI~TURE ~D ~E ORIGI~ DF A ~Rl~ UCENS~ SURV~OR AND MAPP~ R~ NAMe: X:~C~SUR~OS~X, SK~H~lESU~ INFDRMA~D~ PU~DE~ ONLY AND IS N~ V~D. SPECIRC PURPOSE SU~ j ~R $~ MDR lS35 s. Perimeter Road · Suite 190. Ft. ~uoerdot~, R~SIONS I ~N I ~ ~ ~/PG CHKD PH: ~54--~6-7604 · FAX: 954-776-760~ II NOTICE OF PUBLIC HEARING NOTICE OF COMPREHENSIVE PLAN CHANGE 2002-2 CITY OF DELRAY BEACH, FLORIDA I The City Commission of the City of Delray Beach will consider the following ordtnance: ORDINANCE NO, 47-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2002-2 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 2002-2' AND INCORPORATED HEREIN BY REFERENCE, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE A Pubhc Heanng regan~ing Co~nprehens~ve Plan Amendment 2002-2 will be held on TUESDAY~ OCTOBER 1, 2002~ AT 7:00 EM. (or at any continuation of such meeting whmch is set by the Commission), in the Commisaon Chambers at City Hall, 100 N.W 1st Avenue, Delray Beach, Florida. The proposed TEXT AMENDMENTS address the following subject matter: · Modificalio~ of the definitions section of the Public ~chools Facilities Element, by adding numerous new definitions. · Modirmat~:m of Policy B-2.1 ot the Future Land U~e Element, regarding Concurrency, to add specific language wilh respect to Pu~c School Concu~ency Review. - Modtflcabon o~ Policy A-2.4 of the Future Land U~e Element, regarding the location of automobile dealerships, to decrease the area which dealerships should be directed to, as a result of a rezoning which expanded the CBD (Central Business D~strJct). · Modlli__~__. o~ the I~ a~d ~ section of the Coastal Management Element to reflect the recent complebon of the · Modification ot the Introduction and Summary of Major Features (Planning Ama subsection), Oblecflve ~-3 and Policle~ 3.1 & B-3~ of the Future Land Use Element, all regarding the provision of services to land within the Planning Area. The changes to the FUTURE LAND USE MAP (FLUM) involve three areas of land which will be transmitted as a part of Amendment Av.au~ (Nod~ Cmos) At this hearing, the City Commissioa will accept public testimony and will consider the transmittal of ~ Plan Amendment 2002.2 to ~e Slate of Florida Department of Community Affairs for In~ review and comment. Upon coml~elion of ~e review, an addilional adverllaed public Zoning Department. Furlher information concentlng the proposed amendments can be obtains] from Ihe Planning and Zoning Deparlraent, C:~y Hall 100 NW 1st Avenue, FL 33444 (e-mail at pzmail~ deira~plannin~.oq~) or by calling 561/243-7040, belween ~ hours of 8:00 A.M. and 5:00 EM., Monday through Fnday, person wdl need a record of the proceedings, and for Ih~s purpose such person may need ~ ~m ~ a ~ ~ d ~ ~ b ~, ~ Ad~ NSO902~. crry OF DELRAY BEACH