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Ord 11-09
ORDINANCE NO. 11-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC {PLANNED OFFICE CENTER} DISTRICT IN PART, MH (MOBILE HOME} DISTRICT IN PART, AND R-1-A {SINGLE FAMILY RESIDENTIAL} DISTRICT IN PART, TO PC {PLANNED COMMERCIAL} DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF SOUTH FEDERAL HIGHWAY, APPROXIMATELY 320 FEET SOUTH OF SE 10TH STREET AND NORTH OF THE PLAZA AT DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "'ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2007"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ~1HEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2007, as being zoned POC (Planned Office Center} district in part, MH (Mobile Home} district in part, and R-1-A (Single Family Residential} district in part; and WHEREAS, at its meeting of November 17, 2008, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 13.3174{4}(c}, the Planning and 'Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended from MH (Mobile Home} District to PC (Planned Commercial} District for the following described property: That part of the North 15 feet of the South one-half {South'li} of the Southeast'l~ of the Northwest'1a of the Southwest 'la of Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, lying West of State Road No. 5 (CJS Highway #1} as now laid out and in use. Together With: The Fast 80 feet of Tract 6, Lambert Trailer Court, according to the Plat thereof, recorded in Plat Book 22, Page 41 of the Public Records of Palm Beach County Florida; together with that portion of Tract 1 of said Lambert Trailer Court described as follows: Beginning at the Southwest comer of said Tract 1; thence Easterly along the South line of said Tract 1 at a distance of 92.39 feet to an angle point; thence continuing along said South line, making an included angle of 180° 09' 45" a distance of 206.40 feet to a point in the proposed west right-of--way line of the south bound lane of State Road No.S, LL.S. Na. 1, according to the State Road Department Right of Way Map, Section 9301-206 dated June 1958; thence northerly along said west right of way line on a curve to the left whose radius is 2836.93 feet, central angle of 2° 46' 36" an arc distance of 137.48 feet to the north line of said Tract 1; thence westerly along the North line of Tract 1, a distance of 238.26 feet to an angle point; thence continuing westerly along said north line, making an included angle of 179° 50' 15", a distance of 92.37 feet to the northwesterly corner of said Tract 1; thence southerly along the westerly line of Tract 1, making an included angle of 90° 34' 30" a distance of 133.5 feet to the point of beginning. Reserving the. southerly 18 feet thereof for use of adjoining property owners, and A parcel of land in Section 21, Township 46 South, Range 43 Fast, Palm Beach County, Florida, being a part of Lambert Trailer Court according to the plat thereof, retarded in Plat Baak 22, Page 41 of the Public Records of Palm Beath County, Florida and being more particularly described as follows: Beginning at a point in the north line of Lot 2 of said Lambert Trailer Court, at a distance of 138.27 feet West of the Northeast earner of said Lot 2; thence westerly along the North line of said Lot 2, a distance of 172.35 feet to a point 126.77 feet East of the Northwest corner of said Lat 2; thence southerly parallel to the West line of Lots 2 and 3 of said Plat, a distance of 197.63 feet to a paint in the South line of said Lot 3, at a distance of 126.77 feet Fast of the Southwest corner of said Lot 3; thence easterly along the South line of said Lat 3, a distance of 113.06 feet to a point 75.09 feet West of the Southeast Corner of said Lot 3; thence northerly clang the arc of a Curve Concave to the West and having a radius of 2$36.93 feet, a distance of 206.$5 feet, more or less, to the point of beginning. Subject to existing easements. Together With: All of Lots 4 and 5 and the West 126.77 feet of Lats 2 and 3, of said Lambert Trailer Court. Together With: The West 40 feet of the East 120 feet of Tract 6, Lambert Trailer Court, according to the Plat thereof as recorded in Plat Book 22,1'age 41 of the Public Records of Palm Beath County, Florida. Section 3. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended from PC~C {Planned C}ffice Center} District to PC {Planned Commercial} District for the following described propert~~. All of Professional C)ffice Plaza for Acquilana, according to the Plat thereof as recorded in Plat Book 44, Page 147, Public Records of Palm Beath County, Florida, being moxe particularly described as follows: ~ 4RD N{.~. 11-09 All of the South half {S 'lz) of the Northwest quarter (NW '/4) of the Northeast quarter {NE '/a) of the Sauthtivest quarter (SW '/~) of Section 21, Township 46 South, Range 43 East, in Palm Beach County, Florida, less and excepting therefrom right-of--way for U.S, Highway No.1 (formerly State Road No. 5) as described in right-of-~vay Deed dated ~une 9, 1955, recorded in Deed Baak 1100, Page 165 and right-of way fax U.S. Highway No. 1 as described in right-of--way Deed dated November 1, 1960, recorded in Clfficial Records Book 56$, Page 2$$, Palm Beach CauntlT records. (excluding any portion of subject parcel lying East of right-af-way of L1.S. Highway No. 1). The above described premises are more particularly bounded and described as follows: Beginning at an Iran pipe in the West line of U.S. No. 1 (formerly State Road No. 5), being also in the North line of 'T'ract 1, Lambert Trailer Court, according to the Plat thereof, recorded in Plat Book 22, Page 41 of the Public Records of Palm Beach County, Florida; thence in a southwesterly direction 239.3$ feet along the North line of Tract 1 to a pipe; thence northwesterly at an interior angle of $9° 12' 44", 330.96 feet to a concrete monument; thence northeasterly at an interior angle of 90° 41' 4$", 2$9.61 feet to an iron pipe in the West line of said road; thence southwesterly an a curve to the right having a radius of 2$36.93 feet, and arc length of 335.35 feet, along the West line of said Highway to the place of Beginning. Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended from R-1-A (Single Fancy Residential) District to PC {Planned Commercial) District for the following described property: The East 40 feet of the West 170.47 feet of Lot 6, Lambert Trailer Court, according to the Plat thereof on File in Plat Book 22, Page 41 of the Public Records of Palm Beach County, Florida. Together With: The West 40 feet of the East 400 feet of Tract 6, Lambert Trailer Court, according to the Plat thereof recorded in Plat Book 22, Page 41 of the Public Records of Palm Beach County, Florida. Together With: The West 134.47 feet of Tract 6, Lambert Trailer Court, according to the plat thereof, recorded in Plat Baak 22, Page 41 of the Public Records of Palm Beach County, Florida. Together With: The West 40 feet of the East 360 feet of Tract 6, Lambert Trailer Court, according to the Plat thereof as recorded in Plat Boak 22, page 41, of the Public Records of Palm Beach County, Florida. Said lands lying in the City of Delray Beach, Palm Beach County, Florida, containing $.1$2 acres, more ar less. Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. ORD NO. 1 ] -09 Section ~. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word is declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective immediately upon the effective date of Ordinance No. 54-0$, under which official land use designation of GC (General Commercial} is affixed to a portion of the subject property hereinabove described. PASSED Alr1D ADOPTED in regular session on second and final reading on this the ~/ ~ day of ,t2!•i ~ , 2009. MAYO ATTEST ,~~~ City Clerk First Reading ~~.' `" ~~" "` ~4 Second Reading ~~ -2! °' ~~ 4 QRD N4. 1 I -fl9 MEMORANDUM TO; Mayor and City Corrlmissioners FROM; David T. Harden, City Manager DATE: April 16, 2009 SUBJECT: AGENDA ITEM IO C -REGULAR COMMISSIC?N MEETING OF APRIL 2I, 20U9 t}RDINANCE NO. I]-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for an ordinance rezoning and placing land presently zoned POC {Planned Office Center) District in part, MH (Mobile Home) District in part, and R-1-A (Single Family Residential) District in part, to PC {Planned Commercial) District; said land being located on the west side of South Federal Highway, approximately 320 feet south of S.E. 10th Street and north of the Plaza at Delray, as more particularly described herein; amending "Zoning Map ofDelray Beach, Florida, April 2007," BACKGROI.IND At the first reading on Aprii 7, 2009, the Commission passed Ordinance No. 11-09. RECOMMENDATION Recommend approval of Ordinance No. 11-09 on second. and final reading. MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 31, 2009 SUBJECT: AGENDA ITEM I2.A. -REGULAR Ct}MMISSIUN MEETING OF APRIL 1 2009 ©RDINANCE Nt}. 11-09 ITEM BEFORE CUMMISSI4N Consideration of aprivately-initiated rezoning from POC {Planned Office Center) district in part, MH {Mobile Home) district in part, and R-1-A {Single Family Residential) district in part, to PC {Planned Commercial} district far the proposed New Century Courtyards project, BACKGROUND The 8.18 acre subject property is located on the west side of South Federal Highway, just north of the Plaza at Delray. The northern 2.03 acres contain a marginal office building, known as Executive Quarters; and the southern 6. i 5 acres contain the Floranda Mobile Home Park and several single family homes. In addition to the rezoning, the City is processing aprivately-initiated Future Land Use Map {FLLTM) Amendment for the southern 6.15 acres of the property from TRN (Transitional} to GC {General Commercial) and a separate Comprehensive Plan text amendment to change the description of the General Commercial Land Use designation to create an overlay district with increased residential density and decreased commercial intensity on the property. The overlay district will allow mixed-use redevelopment of the entire property with a maximum residential density of 22 units per acre. The maximum intensity for nonresidential uses will be limited to a floor area ratio {FAR} of 0.75 within the proposed overlay district. Both the FLUM amendment and text amendment are included as part of Comprehensive Plan Amendment 2009-1 and will be considered for adoption by the City Commission an April 21, 2009. A detailed analysis of the project can be found in the attached Planning & Zoning Board Staff Report. REVIEW BY OTHERS The Planning and Zoning Board held its public hearing regarding the Rezoning and associated Comprehensive Plan Amendment on November 17, 2008. A presentation was made by the applicant and several members of the public spoke against the associated Comprehensive Plan Amendment. They were concerned about the impact of the increased density on traffic and the impact that stacking residential units above the commercial space would have on the views at Heritage Club, Two residents of the mobile home park were also concerned about what would happen to them when the mobile home park was closed. After discussion, the Board voted 6-0 to recommend approval of the Comprehensive Plan Amendment with a maximum residential density of 1$ units per acre and a minimum of 20°lo workforce housing units at the moderately priced category. (Nate: the City Commission approved a maximum density of 22 units per acre at first reading of the Comprehensive Plan Amendment). The Board also voted 6-fl to recommend approval of the rezoning, by adopting the findings of fact and law contained in the staff report and finding that the Rezoning and approval thereof is consistent with LDR Section 2.4.5.(D){5) {Rezoning Findings), LDR Section 3.1,1 {Required Findings), LDR Section 3,2,2 {Standards far Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan. RECOMMENDATION By motion, approve on first reading Ordinance No. 11-Q9, rezoning the $.1$ acre subject property from POC (Planned Office Center} district in part, N1H {Mobile Home) district in part, and R-1-A (Single Family Residential) district in part to PC (Planned Commercial} district, by adapting the findings of fact and law contained in the staff report and finding that the rezoning and approval thereof is consistent with LDR Section 2.4.5.(D}(5) (Rezoning Findings}, LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan. ORDINANCE NO. 11-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC {PLANNED OFFICE CENTER) DISTRICT IN PART, I~IH {MOBILE HOME} DISTRICT IN PART, AND R-1-A {SINGLE FAMILY RESIDENTIAL) DISTRICT IN PART, TO PC (PLANNED COMl~~RCIAL) DIS'Z'RICT; SAID LAND BEING LOCATED ON THE JEST SIDE OF SOUTH FEDERAL HIGI=[WAY, APPROXIMATELY 320 FEET SOUTH OF SE 10TId STREET AND NORTH OF THE PLAZA AT DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2007", PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2007, as being zoned POC (Planned Office Center} district in part, MH (Mobile Home) district in part, and R-1-A {Single Family Residential) district in part, and WHEREAS, at its meeting of November 17, 2008, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and ~THEREAS, pursuant to Florida Statutes 163.3174{4}{c), the Planning and Zoning Board, sitting as the Laca1 Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the Ciry of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ 'on 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended from 1~1F1 {~vlobile Home} District to PC {Planned Commercial} District for the following described property: That part of the North 15 feet of the South one-half {South 'la} of the Southeast'l~ of the Northwest'la of the Southwest'l~ of Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, lying West of State Raad Na. 5 {US Highway #1} as now laid out and in use. Together With: Z"he East 80 feet of Tract 6, Lambert Trailer Court, according to the Plat thereof, recorded in Plat Book 22, Page 41 of the Public Records of Palm Beach County Florida; together with that portion of Tract 1 of said Lambert Trailer Court described as follows: Beginning at the Southwest earner of said Tract 1; thence Easterly along the South line of said Tract 1 at a distance of 92.39 feet to an angle point; thence continuing along said South line, making an included angle of 180° 09' 45" a distance of 206.40 feet to a point in the proposed west right-of--way line of the south bound lane of State Raad No.S, LI.S. No, 1, according to the State Raad Department Right of Way Map, Section 9301-206 dated June 1958; thence northerly along said west right of way line on a curve to the left whale radius is 2836.93 feet, central angle of 2° 46' 36" an arc distance of 137.48 feet to the north line of said Tract 1; thence westerly along the North line of Tract 1, a distance of 238.26 feet to an angle point; thence continuing westerly along said north line, making an included angle of 179° 50' 15", a distance of 92.37 feet to the northwesterly corner of said Tract 1; thence southerly along the westerly line of Tract 1, making an included angle of 90° 34' 30" a distance of 133.5 feet to the paint of beginning. Reserving the southerly 18 feet thereof far use of adjoining property owners, and A parcel of land in Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, being a part of Lambert Trailer Court according to the plat thereof, recorded in Plat Baak 22, Page 41 of the Public Retards of Palm Beach County, Florida and being mare particularly described as follows: Beginning at a paint in the north line of Lot 2 of said Lambert Trailer Court, at a distance of 138.27 feet West of the Northeast Corner of said Lot 2; thence westerly along the North line of said Lot 2, a distance of 172.35 feet to a point 126.77 feet East of the Northwest Corner of said Lot 2; thence southerly parallel to the West line of Lots 2 and 3 of said Plat, a distance of 197.63 feet to a point in the South line of said Lot 3, at a distance of 126.77 feet East of the Southwest Corner of said Lot 3; thence easterly along the South line of said Lot 3, a distance of 113.06 feet to a paint 75.09 feet West of the Southeast corner of said Lot 3; thence northerly along the art of a Curve concave to the West and having a radius of 2836.93 feet, a distance of 206.85 feet, more or less, to the paint of beginning, Subject to existing easements. Together With: All of Lots 4 and 5 and the West 126.77 feet of Lots 2 and 3, of said Lambert Trailer Court. ORD NO. 11-Q9 Together With: The West 40 feet of the East 120 feet of Tract 6, Lambert Trailer Court, according to the Plat thereof as recorded in Plat Book 22, Page 41 of the Public Records of Palm Beach County, Florida. Section 3. ']"hat the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended from PC-C (Planned Office Center} District to PC {Planned Commercial} District for the fallowing described property: All of Professional C-ffice Plaza for Acquilano, according to the Plat thereof as recorded in Plat Book 44, Page 147, Public Records of Palm Beach County, Florida, being more particularly described as follows: All of the South half (S 'la} of the Northwest quarter {1~1W 'f¢) of the Northeast quarter (NE 'I¢} of the Southwest quarter (SW 'l4) of Section 21, Township 46 South, Range 43 East, in Palm Beach County, Florida, less and excepting therefrom right-of--way for U.S. Highway No,1 (formerly State Road No. 5) as described in right-of--way Deed dated June 9, 1955, recorded in Deed Book 1100, Page 165 and right-of--way for U.S. Highway No. 1 as described in right-of way Deed dated November 1, 1960, recorded in C>fficial Records Book 568, Page 288, Palm Beach County records. (excluding any portion of subject parcel lying East ofright-of-way of U.S. Highway No. 1). 'I"he above described premises are more particularly bounded and described as follows: Beginning at an iron pipe in the West line of U.S. No. 1 (formerly State Raad No. 5), being also in the North line of Tract 1, Lambert Trailer Court, according to the Plat thereof, recorded in Plat Book 22, Page 41 of the Public Records of Palm Beach County, Florida; thence in a southwesterly direction 239.38 feet along the North line of Tract 1 to a pipe; thence northwesterly at an interior angle of $9° 12' 44", 330.96 feet to a concrete monument; thence northeasterly at an interior angle of 90° 41' 48", 289.61 feet to an iron pipe in the West line of said road; thence southwesterly on a curve to the right having a radius of 283693 feet, and arc length of 335.35 feet, along the West line of said Highway to the place of Beginning. Section 4_ That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended from R-1-A (Single Family Residential) District to PC {Planned Commercial) District for the following described property: The East 40 feet of the West 170.47 feet of Lat 6, Lambert Trailer Court, according to the Plat thereof on File in Plat Book 22, Page 41 of the Public Records of Palm Beach County, Florida. Together With: The West 40 feet of the East 400 feet of Tract 6, Lambert Trailer Court, according to the Plat thereof recorded in Plat Book 22, Page 41 of the Public Records of Palm Beach County, Florida. C}RD NO. 11-09 Together With: The West 130.47 feet of Tract 6, Lambert Trailer Court, according to the plat thereof, recorded in Plat Book 22, Page 41 of the Public Records of Palm Beach County, Florida. Together With: The West 40 feet of the East 360 feet of Tract 6, Lambert Trailer Court, according to the Plat thereof as recorded in Plat Book 22, page 41, of the Public Records of Palm Beach County, Florida. Said lands lying in the City of Delray Beach, Palm Beach County, Florida, containing $.182 acres, more or less. Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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 8. That this ordinance shall become effective immediately upon the effective date of C-rdinance No, 54-08, under which official land use designation of GC (General Commercial) is affixed to a portion of the subject property hereinabove described. PASSED AND ADC-PTED in regular session on second and final reading on this the day of 2009. A'1"I"EST MAYC-R City Clerk First Readin Second Reading ORD NO. 11-Q9 . , 6 d cC ........ ~,~' ~, tAJ Z I W Q ST. O F _. S.E. $TH QTR Z ..._.___. 4 5.E. 8TH ~ 4 COtiftT ~ ` .... SE.BTH ,s C . (/~, 1 vi vi ~^ T S 9TH ST. 5.. sT. J J d d tr ~ SW1NTflN GARDENS OR. ~ ~ C5 O W L~. 3,,;,E,; 14TH . LONGPDRT GR. -- R ~ ~ ~ ~ o rtC a ~ e! ~ POINSET ~ ~ .... S. LDNGPDRT GR. ~ ~.....,. RM WILSON AYE. ', a "" ~ ~ w LEWI 5.E, 12TH - RD, -"ti V` CENTRAL AVE. ~ ~ h ?'!". ~~. '~ BROOK a L 4! .>c ~ }` wHl O ~R' Cam ,Pv lv~ RHODES -NLL ~KIO '~, ~I '~, 6ANYAN TREE LANE R M PC a [rIN TON BOU LE AR[? ~ PROPOSED REZONING MAP -.,..~_ ~ NEW CENTURY COURTYARDS CITY OF DELRAY BEACH, FL ~...~ PROPOSED CHANGE FROM MH (M081LE HOME), R-1-A (SINGLE FAMILY RESIDENTIAL), PLANNING & ZONING DEPARTMENT AND POC (PLANNED OFFICE CENTER) TO PC (PLANNED COMMERCIAL) --- D1GtTAt &ASf MAP SYSTf,N -- MAP REF: LM7O93 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 17, Zoos AGENDA ITEM: ITEM: Future Land Use Map Amendment and Rezoning request for New Gentury Courtyards, located on the west side of South Federal Highway north of Piaza at Delray. GENERAL DATA: Owner ......................... New Century Courtyards Agent ......................... Weiner & Aronson, P.A. Location .......................... Property Size .................. 8.18 acres Future Land Use Map..... TRN (Transitional} & GC (General Commercial) Current Zoning ............... Adjacent Zoning.,,.North: East: South: West: Existing Land Use.......... Proposed Land Use........ POC (Planned Office Center}, MH {Mobile Home}, & R-1-A (Single Family Residential} RM {Medium Density Residential} & PC (Planned Commercial} PC {Planned Commercial} PC {Planned Commercial} SAD (Special Activities District} TRN {Transitional} & GC (General Commercial} GC (Genera! Commercial} Water Service ................. Existing on site. ~D Sewer Service ................ Existing on site. ITEM BEFORE THE' BOARD The action before the Board is that of making a recommendation on aprivately-initiated Future Land Use Map Amendment and Rezoning for the proposed New Century Courtyards. The affected property is located on the west side of South Federal Highway, approximately 324 feet south of SE 10th Street and north of the Plaza at Delray. The Future Land Use Map amendment, from TRN {Transitional} to GC {General Commercial is for the southern 6.15 acres of the subject property on a parcel of land known as the Floranda Mobile Home Park, located on the west side of South Federal Highway, approximately 660 feet south of SE 10th Street and north of the Plaza at Delray. The Rezoning from POC (Planned Office Center} district in part, MH {Mobile Home} district in part, and R-1-A (Single Family Residential) district in part to PC (Planned Commercial} district involves the entire 8.18 acre subject property including the site known as Executive Quarters, located just north of the Floranda Mobile Home Park. Pursuant to Section 2.2.2{E} of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments and Rezoning of any property within the City. _,, ~...~ ~ B~A C K G R O l,l N D In addition to the proposed Future Land Use Map amendment and rezoning, it is noted that a separate Comprehensive Plan text amendment is being processed concurrently with this application to amend the description of the General Commercial Land Use designation to create an overlay district with increased residential density and decreased commercial intensity on the property. The property within the proposed overlay district is currently divided into two Future Land Use designations, GC {Genera! Commercial} on the northern 2.03 acres, which contains a marginal office building, and TRN {Transitional} on the southem 6.15 acres, which contains a dilapidated mobile home park and several single family homes. "fhe overlay district is being created to allow mixed-use redevelopment of the entire property with residential densities higher than are currently allowed. The Future Land Use Map amendment is being processed for the TRN portion of the property to GG. The maximum intensity for nonresidential uses in mixed use developments has been set at a maximum FAR of 0.75 within the overlay district. In recent years, the City has made provisions to allow increased residential densities in several areas of the City with the requirement that the developments include a workforce housing component. In the areas within the Federal Highway corridor where these increased densities are allowed, the maximum density has been set at 18 units per acre with a requirement to provide a workforce housing component, The applicant has proposed a maximum of 25 units per acre within the proposed overlay district and has not included provisions for workforce housing. The applicant states that justification for the increased density is included in the Silver Terrace Redevelopment Plan, which was adopted in March, 1996. The included passage, "Thaf high densifies maybe allowed (up fo 25 unr'fs per acre tv make fhe projeef ;rnancially feasible," was included in the "introduction" section of the Plan as part of the background on the redevelopment area. It was one of seven conclusions that were reached by the participants at meetings, workshops, and hearings held with the Planning and Zoning Board, the City Commission, and property owners regarding the redevelopment effort several years before the redevelopment plan was written. Based on Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 2 these conclusions, the City issued a request for letters of interest for redevelopment of the entire area in 1995. None of the developers that responded to the RFI were willing to aggregate the property for redevelopment of the Silver Terrace area. Therefore, the City would have been required to aggregate the property to entice a developer into the area. Because of the expenses associated with the aggregation of the property for redevelopment of the area, staff investigated the possibility of a more cost effective approach to the revitalization of the area. The outcome of those efforts was the beginnings of an alternative redevelopment scenario, which consisted of the development of a redevelopment plan to help stabilize the area, improve its appearance, and eliminate non-conforming uses and structures. At its workshop meeting of September 11, 1995, the City Commission reviewed the developer proposals and the alternative redevelopment scenario. The Gommission expressed disappointment that large scale redevelopment of the area would not be financially feasible, but that the alternative redevelopment scenario would be the most appropriate action for the City to take. The Commission then directed staff to proceed with preparation of a redevelopment plan for the area. It is noted that most of the earlier conclusions, which were associated with the large scale redevelopment of the area, including the provision for increased density, were not ultimately recommended in the adopted redevelopment plan. Although there is no basis to support the proposed 25 units per acre density included in the recommendations in the Redevelopment Plan for the area, staff does support an increased density of 18 units per acre with the provision that a minimum of 20°l0 of the units are to be workforce housing units at the moderately priced category; and are subject to the City's Workforce Housing Ordinance (LQR Article 4.7). :FUTURE LAND USE'MAP AMENDMENT ANALYSIS REQUIRED FINDINGS: LDR_(Ghapter 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 retard. 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, Gomprehensive Plan Gonsistenty, and Gompliante with the Land Development Regulations. Future Land Use Man: 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 FLUM amendment will assign a Future Land Use Map designation of GC (General Commercial) to the southern 6.15 acres of the subject property. The northern 2.03 acres already has a FLUM designation of GC (General Commercial). The proposed Planning and Zoning Board Staff Report -November 17, 2048 FLUM Amendment and Rezoning -New Century Courtyards Page 3 rezoning to PC Planned Commercial} far the entire parcel is consistent with this FLUM designation. Thus, positive findings can be made regarding consistency of the FLUM designations and zonings. The remaining required findings of LDR Section 3.1.1, Goncurrency, 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, ar when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLI.IM amendments. The applicant has included the following justification statement for the FLUM amendment: "Objective ,4-1 of the Future Land Use Element of the Comprehensive Plan states that property shall be redeveloped in a manner so that the use and intensity is appropriate and complimentary fa adjacent land uses and fulfills remaining land use needs. Clearly, a GC land use designation would be more complimentary to this area, which is located on Federal Highway adjacent fo a 35 acre shopping center which includes a Publix, CVS, McDonalds, movie theater, restaurants, bank and a Marshalls among other retailers. The Silver Terrace Redevelopment Ptan also supports a land use which allows residential uses. It indicates that proposed improvements to the area could include the applications of appropriate future land use designations for parcels in the area. Moreover, additional provisions from the City of L?elray Beach Comprehensive Plan which further support this land use amendment are attached to this justification." * Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adapted Comprehensive Plan. Planning and Zoning Board Staff Report -November 1 T, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 4 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: Future Land Use Element Qbiective A-1. Properly shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and ether applicable physical considerations; encourage affordable goods and servr`ces; are complementary to and compatible with adjacent land uses; and fulfills remaining land use needs. Future Land Use Element Qbiective A-2: To reduce, and eventually elr`minate, uses which are inconsistent with the character of the Cr"fy of Delray Beach, or which are inconsistent wr`th predominant adjacent land uses, and fo insure compatr'bility of future development, the following policies shall be applied. Future Land Use Element Pol/cy C-9.5: The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which contains some mixed use but is primarily single family. It also involves the adjacent land use of the Floranda Mobile Home Park which is a well maintained land use but which may, in the future, be inappropriate for its location along Federal Highway adjacent to a regional shopping center. The Silver Terrace Redevelopment Plan was adapted by the City Commission on March 5, 9996. The plan establishes Future Land Use Map designations, zonings, and special development standards for the redevelopment area. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. One of the purposes of this amendment is to facilitate the removal of the existing mobile home park, which has fallen into disrepair, and is no longer appropriate in the Federal Highway corridor. The mobile home park has become a blighting influence an the entire area. Its removal through private redevelopment of the property will further these objectives and policy. Based on the above, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive. ~ Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards, The cancun'ency analysis assumes Iota! redevelopment of all of the property in the overlay district at the maximum intensity allowed under the amended description for the General Commercial designation, which is being processed concurrently. As shown on the following table, since the maximum nonresidential FAR is being reduced to 0.75 from 3.0 an the GC portion and 1.0 on the TRN portion, development under the new provisions would result in a reduction in nonresidential building area. The maximum development potential with the proposed amendment would be a mixed-use project with residential development at 25 units per acre and retail development at an FAR of 0.75. `therefore the amendment will result in an increase in residential development potential and a reduction in maximum nonresidential potential from what is currently permitted within the proposed overlay district. A comparative analysis of the maximum development potential of the property has been provided below to support this conclusion. Planning and Zoning Board Staff Report - November 17, 2008 FLtJM Amendment and Rezoning -New Century Courtyards Page 5 Table 1: Maximum Development Potential Silver Terrace Gourtyards Overlay District EXfSTIt+lG ~ ~ ~°zt M ~~ PROPOSED . PLUM Maximum Development Potential PLUM ; Maximum Mixed Use Development acres acres Potential Mixed-Use Mixed-Use GC 265,280 SF Retail (FAR 3.0) GC 267,740 SF Retail {FAR 0.75} (2.03 acres) 24 Multi-Family Residential Units {8.18 acres} 204 Multi-Family Residential Units (12 units per acre} {25 units per acre) TRN (6.15 acres) 267,894 SF Office (FAR 1.0} Traffic: An analysis of the traffic impacts associated with the maximum development potential of a mixed-use development on the property was conducted. Since the increased residential development generates less traffic than the eliminated office uses, the new land use mix will represent a net reduction in potential traffic volumes. Table 2: Trip Generation Comparison Silver Terrace Courtyards Overlay District E !STING Land Use ITE Intensity Trip Generation Rate Total Trips Retail Sho in Center 820 265,280 LN T =0.64 LN X + 5.87 12,603 Residential A artments 220 24 7.00 168 Office 710 267.884 LN{T}=0.77 LN{X} + 3.65 2,849 TOTALS 15,620 PROPOSED Land Use ITE Intensity Trip Generation Rate Total Trips Retail Sho in Center 824 267,740 LN =4.64 LN X + 5.87 12,678 Residential Apartments 224 244 7.44 1,428 TOTALS 14,146 Water & Sewer Water treatment is provided by the City of Delray Beach at the Water Treatment Plant, The geographic service area coincides with the Planning Area plus service provided to the Town of Gulf Stream through contract as a bulk customer. The service area encompasses approximately 18 square miles. The treatment plant, with a capacity of 28 million gallons per day, was constructed in 1972 and has a programmed life of 50 years (2022). The water supply is provided from 30 active wells in four wellfields, yielding a total design capacity of 37,2 mgd. The City"s consumptive use permit currently limits the annual withdrawal rate to 6.937 billion gallons which equates to an average of 19 mgd. The per capita water use has not shown any clear trend of change during the past 13 years, other than those that were influenced by drought conditions and subsequent Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 6 water use restrictions (2001-2002). "fhe average per capita use during this 13-year period is 240 gpd. In absence of a clear trend of change in the per capita use, thus it is reasonable to expect that this average per capita value will continue into the future and this will be used for subsequent projections. However, the effect of conservation measures, including the City's implementation of reclaimed water projects within the City, should reduce the actual per capita water use. The City relies on groundwater from the Surecial Aquifer System {SAS} for its supply. As noted earlier, its current annual groundwater allocation is 19.01 mgd on an average-day basis, however this will drop to 15.92 mgd in 2010. Increased restrictions on withdrawals from the SAS under the SFWMD's Water Availability Rule {incorporated by reference into Chapter 40E-2, Florida Administrative Code) will prohibit the City from increasing its 5A5 withdrawals over its historic maximum quantity, which is based on the water withdrawn during any consecutive 12-month period between April 2001 and April 2006. This maximum occurred from May 2004 through April 2005, when 7,072 million gallons (MG) were withdrawn. Qn an average-daily basis, this equates to 19,37 mgd. However, since Section 3.2.1.E of the Basis of Review does not allow the base condition to exceed the permitted allocation, under the Water Availability Rule, the City should receive an average-day annual allocation of 6,937 MG {19.01 mgd) when the CUP renewal is submitted in 2010. Water demand projections for the City's Water Service Area were calculated based an the City's population projections multiplied by the projected per capita demands. The following table provides the total demand for the service area and the surplus or deficit from the permit base condition of 19.00 mgd in five year increments from the year 2010 to 2030. Potable Water Demand Pro actions Year 2010 2015 2020 2025 2030 Service Area Po ulation 69,335 74,504 81,114 82,233 82,556 per Ca ita Use d 240 240 240 240 240 Av .Dail Demand MG 16.64 17.88 19.47 19.74 19.81 Permit Base Condition MGD 19.00 19.00 19.00 19A0 19.00 Excess/ Deficit MGD 2.36 1.12 0.47 0.74 0.81 Notes• 1. Population projections based on Palm Beach County 2007 Population Allocation Model using March 2008 BEER Population Projections. 2. Per capita use assumes a 10°lo reduction from current permitted values achieved through conservation. 3. Permit base condition as provided by SFWMD per ground water availability rule. Wastewater from the City is treated at the South County Regional Wastewater Treatment Plant (SCRWWTP), which is managed by the South Central Regional Wastewater Treatment and Disposal Board, established in 1974 through an agreement between the cities of Delray Beach and Boynton Beach. The SCRWWTP has the capacity to provide up to 24 mgd of reclaimed-quality water. In 2003, the City developed a Reclaimed Water Master Plan, which identified 16 areas for reclaimed water application. The City is currently using reclaimed water to irrigate several golf courses and is installir~g~ additional transmission lines to serve other large users. Through the use of reclaimed water, the City's 20-Year Water Supply Facilities Work Plan indicates Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 7 that water supply facilities are planned and will be available to meet the future growth and water demands of the City of Delray Beach through the year 2030. The wastewater treatment plant was constructed in 1979, with a programmed life of 50 years X2029). Ultimate disposal is currently by ocean discharge of secondary effluent and land spreading of sludge. In late 2008, deep well injection will replace the ocean discharge except for emergency situations and DEP permitted exceptions. Also in late 2008, with completion of the Palm Beach County Biosolids Pelletization facility, land spreading of sludge will no longer be used. The new facility will dry and process the sludge into pellets for use in fertilizer. The design capacity of the treatment plant, established by its secondary treatment capacity, is 24 mgd. This capacity is shared equally between Boynton Beach and Delray Beach. The Comprehensive Plan indicates that the current plant has adequate capacity to service the City's project population beyond the year 2025. Since adequate capacity is available in the City's water and wastewater systems to meet the increased demand, the proposed FLUM amendment will not impact the level of service standard for these facilities. Drainage: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City-wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley-Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E-1 states: A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. Drainage is reviewed during the site plan application process for individual projects. Within this area of the City, drainage is usually accommodated on site via exfiltration trench systems or Swale retention areas. There are no problems anticipated with obtaining South Florida Water Management District permits within the area and any additional impacts caused by increased impervious area will not affect the level of service standard: Parks 8~ Recreation The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards." The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, establishes a level of service of 6.2 acres per 1,000 residents {2007), far exceeding the general guideline. Planning and Zoning Board Staff Report - November 17, 200$ FLUM Amendment and Rezoning -New Century Courtyards Page 8 A park impact fee is collected to offset any impacts that new development may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Education f5chool Concurrence}: School concurrency is addressed with all proposals far residential development. Since no proposed project exists at this time, a formal determination by the school board has not been made. All future development proposals will be required to meet concurrency prior to approval. Solid Waste: As shown on the following table, with the proposed amendment, the development of the property would result in a net decrease of 30°lo in solid waste generation. In its annual capacity letter, dated February 4, 2008, the Solid Waste Authority indicates that it has sufficient capacity far concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for bath the coming year, and the five and ten year planning periods specified in 9J-5-005(4}." Based on population and waste generation rate projections, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2021. The Board of the Solid Waste Authority has authorized the initial design and permitting efforts to develop a new landfill on 1,600 acres owned by the authority. The capacity of this new landfill would extend the life of the solid waste system beyond the year 2065. Table 3: Solid Waste Generation Silver Terrace Courtyards Overlay Disfrict Existing Maximum Development Potential """' Proposed Mixed-Use Maximum Development Potentiai 265,280 SF Retail ~ 1t).2lbslsf = 1,353 tonslyr 267,894 SF Office ~ 5.4 Ibs/sf = 723 tons/yr 267,740 SF Retail a~10.2 Ibs/sf = 1,365 tonslyear 24 MF Units .52 tonsl ear = 12 tansl r 204 MF Units .52 tonstyear = 106 tonslyear Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. • Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The proposed FLUM designation is compatible with the surrounding neighborhood, which consist primarily of commercial development to the south and east, and residential development to the north, southeast and west. However, there are several single family lots that will remain between the proposed project and the Heritage Club multifamily development to the earth. Compatibility with these single family homes would be better achieved with the recommended 18 units per acre supported by staff. Based upon the above, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 9 • Compliance -- Development under the requested designation will comply with the provisions and requiremen#s of the Land Development Regulations. All future development within the requested designation will comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. . ~~ "`" ~~ ~C3NING 11NA~lfSIS~~= ~~ ~`~~~ REQI-TIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 {Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body whiich has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis"section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determining Gonsistency}: The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice, The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1{C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: {D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As discussed earlier in this report, one of the purposes of the proposal is to facilitate the removal of the existing mobile home park, which has fallen into disrepair and is no longer appropriate in the Federal Highway corridor. The mobile home park has become a blighting influence on the entire area. The proposed FLUM and zoning designations are Planning and Zoning Board Staff Report -November 17, 2008 F~UM Amendment and Rezoning -New Century Courtyards Page 10 compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Also, there are development regulations currently in place to mitigate any potential impacts with adjacent properties. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5{D}{5} (Findings}, in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the fallowing: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more aax~ro riots for the property based upon circumstances particular to the site andlor neighborhood. The applicant has provided the following statement: "Reasons B and C both apply and are valid reasons for approving a change in the zoning. Objective A-9 of the Future Land Use Element of the Comprehensive Plan states that property shall be redeveloped in a manner sa that the use and intensity is appropriate and complimentary to adjacent land uses and fulfills remaining land use needs. Glear/y, a PG zoning designation would be mare complimentary to this area, which is located on Federal Highway adjacent to a 38 acre shopping center which includes a Publr`x, CVS, McDanalds, movie theater, restaurants, bank and a Marshalls amongst other retailers. This zoning will provide an opportunity for residents to live next to this snapping center, which wilt provide extreme convenience for all (heir necessities. Additionally, the requested zoning of PC is of similar intensity as allowed under the Future Land Use Map as a Future Land Use Map Designation of GC which is also being requested, is consistent with the PC zoning district. A PC zoning designation is more appropriate for the property based upon the circumstances particular to the site and ar neighborhood. The Silver Terrace Redevelopment Plan also supports a proposed zoning which allows residential uses, Additionally, the City's Zoning District Map clearly shawl that a PC zoning designation wou/d be consistent with the existing zoning desr`gnafian in the area. Moreover, additional provisions from the City of Delray Beach Gomprehensive Plan which further support this rezoning are attached to this justification." COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 11 Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development applicationlrequest. Na formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. REVIEW E3Y C)THERS Public Notice: Farmal public notice has been provided to praperty owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesv Notices: Courtesy notices were pravided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be pravided at the Planning and Zoning Board meeting. A'S`S`ESSMENT AND CON~CLUS`ION The FLUM designation and zoning classification far the subject praperty are being amended to facilitate redevelopment of the property. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Pian {FLUM Amendment Findings), LDR Section 3.1.1 {Required Findings), LDR Sectian 3.2.2 (Standards for Rezoning Actions), LDR Sectian 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. However, it is noted that staff does not support the proposed residential density of 25 units per acre for the site and recommends that it be reduced to 18 units per acre. Furthermore, to be consistent with other areas where increased density is allowed, a workforce housing component should be required. ALTERNATIVE ACTIQNS A. Continue with direction. B. Recommend to the City Commission approval of FLUM Amendment and Rezoning, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent 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}, LDR Section 3.1.1 {Required Findings}, LDR Sectian 3.2.2 {Standards far Rezoning Actions}, and the Goals, Objectives, and Policies of the Comprehensive Plan, with maximum residential density for the overlay district to be set at 18 units per acre and that a minimum of 20°l0 of the units Planning and Zoning Board Staff Report -November 17, 2Q08 FLUM Amendment and Rezoning -New Century Courtyards Page 12 be workforce housing units at the moderately priced category, subject to the City's Workforce Housing Ordinance {LDR Article 4.7}. C. Recommend to the City Commission denial of the FLUM Amendment and Rezoning by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent 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}, LDR Section 3.1.1 {Required Findings), LDR Section 3.2.2 {Standards far Rezoning Actions} and the Goals, Objective, and Policies of the Comprehensive Plan. REGC3MMoEND_E~D~~AC~TII~QN-~ ~. Recommend to the City Commission approval of FLUM Amendment and Rezoning, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent 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}, LDR Section 3.1.1 (Required Findings}, LDR Section 3.2.2 (Standards for Rezoning Actions}, and the Goals, Objectives, and Policies of the Comprehensive Plan, with maximum residential density for the overlay district to be set at 18 units per acre and that a minimum of 20% of the units be workforce housing units at the moderately priced category, subject to the City's Workforce Housing Ordinance (LDR Article 4.7}. Attachments: * Proposed Future Land Use Map • Proposed Rezoning Map • Proposed Silver Terrace Courtyards Overlay District s:lplanning & zoninglboardslp&z boardlnew century courtyards tTum & zoning.doc ~ PRC}PC}SED FUTURE LAND USE MAP AMENDMENT _..~~ ~ JUEW CENTl1RY ~C}(JRTYARDS CITY OF pELRAY BEACH, Fl r PIANN~NG & ZONING DEPARTMENT 6~ PROPOSED CHANGE FROM TRN {7RANSITIONAI} 7Q GC {GENERAL Cf?MMERCIAL} 1)IGYTAL $45E MAP SYSTEM -- MAP REF: LMip9~ . ¢ ¢, a W ~t ST. O~ ~ f----- -- ~ :--. F S.E. 8TH S , OSR 4 ° .E, am w ~_._ ~ ~ COURT ~ 1 SE.BTH ~ a C. 1 - w us vs ~ 2 N 9TH ST, s.. sr. J J Q Q ~ ~ SNINTON GARDENS DR. W W a o w S.E. 10TH T. . LDNGPDRT CIR. ~~~~~~~~~ a R C ~4 O V ~~ O ~ yam, ~ ',, ~ ~k POINSE7 S, LGh1GPC4?7 CIR. x ~ ~ R 111 WiISON AYE. ~ ~ ~ LEµ.,c S E ~" 12'iH RD. -1 CENTRAL AYE. ~~ H r ;~: ~. ~,. ~` BROOK ~~ J' L _w ~ ~ ~ wHl c°a ~fi- ~~ PV Gf~ RHODES -VILE ~~ BANYAN R M TREE LANE ~~ CJ O L I N T O N B O U L E A R D ~ PRC}PC3SED REZONING MAP _.•~•.~ NEW CENTURY COURTYARDS CITr of pELRAr BEACH, FL ® PROPOSED CHANGE FROM MH {MOBILE ROME}, R-1-A (SINGLE FAMILY RESIDENTIAL}, PLANNING & 20N1NG DEPARTMENT AND POC (PLANNED C}FFICE CENTER} T4 PC {PLANNED COMMERCIAL} -- UtGlTAL &ASE MAP .5YSTL'M MAP REF: LM1093 ~ PROPOSED SILVER TERRACE COURTYARD OVERLAY DISTRICT _.~~ FUTURE LAND USE MAP CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT r ~ PROPOSED OVERLAY RISTftICT ` -- l1/C/TAt &.45E MAP SY57EM -- MAP REF: LM1093 Wynn, Kimberly From: Allen, Jasmin Sent: Thursday, February 05, 2009 9.51 AM To: Wynn, Kimberly Subject: Request for ordinance No. Hi Kim, Could you please assign an ordinance number for the following item: 1. Rezoning from POC {Planned Office Center) district in park, MH (Mobile Home} district in part, and R-1-A (Single Family Residential} district in part to PC (Planned Commercial} district for parcels of land comprising approximately 8.18 acres known as the Floranda Mobile Home Park and Executive Quarters, located on the west side of South Federal Highway, approximately 320 feat south of SE 10th Street and north of the Plaza at Delray. 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OTtlANANCEN0.11-DD AN DRDDIAtdC£ CF THE Cxtt SXA+F M18~ON OF TF1E CRY OF DEIAAV NA 0 R•!A {{BINGO Abi1t REStDEINTrAL} O~TRICT D1 PAR TD PC {PLANNED L9]AiMERpAI DISTRN:T; SA10 tANO BEINO U CATEO DN 1HE YtEST SLOE 0 SOIITN FEDERAL tDtiNWAY, AI PRQXtYATELY 9x6 FEET BOUT OF SE 16TH STREET AND NOR OF T}LL PLAZA AT DELRA~ A MCT~ PARTICtAAlLLY DESCRIDE h1E1D3N: AMENORJ4 'ZOtUN6 MN OF DELRAY 6EACH, FLflRRU APRR. 2667`, PROVIDRKi A DE7+ EARL REPEALEN CtAU8~, A SA{ Du! CLAUSE, AND AN EfRCf#VI DATE. N0.19A9 ... aN exTAE aiv oriu 1TiE AL`S•, k F3LACNOD A APPEND{X EVELGPMl]eT AU• ~ DESCRIRT10M9' AND PIKE FOR EXPANS~N OF THE OCiVNT~VN DEVELOPMENT AUTNORtTY AREA; P710ripND A (tAVMCi tXeNffiE, A GENERAL RE• PEALER QAt}OE, ANO AN EFF£IG 1TVE DATE. 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