11-30-10 Special MeetingCITY COMMISSION r' "' `~' "' ' ` "
CITY OF DELRAY BEACH, FLORIDA
SPECIAL MEETING -TUESDAY, NOVEMBER 30, 2010 Ac~~~r,ene~~~r~
7:00 P.M. DELRAY BEACH CITY HALL ~ i
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The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an
equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City.
Contact Doug Smith at 243-7010, 24 hours prior to the program or activity in order for the City to reasonably
accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers.
SPECIAL MEETING AGENDA
Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor Nelson S. McDuffie has instructed me to
announce a Special Meeting of the City Commission to be held for the following purposes:
1. ORDINANCE NO. 43-10 (FIRST READING/FIRST PUBLIC HEARINGS City
initiated rezoning from County CG (General Commercial) to City PC (Planned
Commercial) for the Marketplace of Delray, located at the northwest corner of West
Atlantic Avenue and Military Trail. If passed, a second public hearing will be held on
December 14, 2010. (PUBLIC HEARING)
2. ORDINANCE NO. 18-10: Consider approval of acity-initiated annexation (via the
provisions of the executed Agreement for Water Service and Consent to Annexation) for the
Marketplace of Delray, located at the northwest corner of West Atlantic Avenue and
Military Trail. If passed, a public hearing will be held on December 14, 2010. (FIRST
READING)
3. ORDINANCE NO. 20-10:Consider approval of a privately initiated rezoning from RM
(Medium Density Residential) to GC (General Commercial) for Lintco Development,
located at the northwest corner of Linton Boulevard and S.W. 4th Avenue. If passed, a
public hearing will be held on December 14, 2010. (FIRST READING)
4. Commission Comments
Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any
matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and
evidence upon which the appeal is based. The City neither provides nor prepares such record.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Ronald Hoggard, AICP, Principal Planner
THROUGH: City Manager
DATE: November 22, 2010
SUBJECT: AGENDA ITEM SP.1 -SPECIAL MEETING OF NOVEMBER 30, 2010
ORDINANCE N0.43-10
ITEM BEFORE COMMISSION
The item before the City Commission is aCity-initiated rezoning of the "Marketplace of Delray", an
existing shopping center with several outparcels, located within the "Four Corners" overlay district at
the northwest corner of West Atlantic Avenue and Military Trail.
BACKGROUND
The "Marketplace of Delray" is a 30.26 acre shopping center, including outparcels, which was
constructed between 1980 and 1986. The current Palm Beach County zoning is CG (General
Commercial). The property is being annexed into the City. With this annexation the property will be
rezoned to the City's PC (Planned Commercial) zoning district.
Along with the annexation and rezoning, the City is also processing a concurrent FLUM (Future Land
Use Map) amendment from County CH-8 (Commercial High with an underlying Residential density of
8 units per acre) to City GC (General Commercial). This FLUM Amendment, which is part of
Comprehensive Plan Amendment 2010-1, will be considered at second reading by the City Commission
on December 14, 2010.
A full analysis of the proposed rezoning is provided in the attached Planning and Zoning Board staff
report.
REVIEW BY OTHERS
The Planning and Zoning Board held its public hearing regarding the annexation, rezoning and FLUM
amendment on July 19, 2010. Several members of the public questioned the need for the City to annex
the property and were concerned about the increase in property taxes when annexed. The owner of the
Ugly Mug bar, an outparcel at the shopping center, was also concerned about his ability to continue to
sell alcohol until 5:00 AM in the City. Please note that the issue with the hours of the Ugly Mug has
been addressed in the Annexation Ordinance, which allows the Ugly Mug to continue operating under
Palm Beach County Code requirements concerning hours of operation for 20 years from the date of
adoption of the ordinance. The Board considered the request and unanimously (6-0) recommended
approval of the annexation, rezoning and FLUM amendment.
Palm Beach County Notice:
On June 10, 2010, the Palm Beach County Administrator and the Palm Beach County Planning
Division were notified of the City's intent to annex this property. The County has responded that it has
no objections to the proposed annexation.
Courtesy Notice:
Special courtesy notices were provided to the following homeowners and civic associations:
• Neighborhood Advisory Council
. High Point of Delray West
. PROD (Progressive Residents of Delray)
• Sunset Pines
. Coconut Key HOA
. Highland Trailer Co.
Public Notice:
Formal public notice has been provided to the property owner and to property owners within a 500'
radius of the subject property. We have received no letters of objection or support.
RECOMMENDATION
By motion, approve on first reading, Ordinance No. 43-10, rezoning the Marketplace of Delray
Shopping Center, by adopting the findings of fact and law contained in the staff report, and finding that
the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5
(D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations.
ORDINANCE NO. 43-10
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING INITIAL CITY
ZONING OF PC (PLANNED COMMERCIAL); SAID LAND
LOCATED AT THE NORTHWEST CORNER OF MILITARY TRAIL
AND WEST ATLANTIC AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, "OCTOBER 2009"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, at its meeting of July 19, 2010, 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 the establishment of an initial zoning classification of PC
(Planned Commercial), based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(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
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 to reflect a zoning classification of PC (Planned
Commercial) District for the following described property:
A part of the East three quarters (E 3/4) of the Northeast quarter (NE '/4) of the
Southeast quarter (SE '/4) and the West half (W '/2) of the Southwest quarter (SW
'/4) of the Northeast quarter (NE '/4) of the Southeast quarter (SE '/4) of Section 14,
Township 46 South, Range 42 East, Palm Beach County, Florida, lying West of
the Westerly apparent ultimate right-of-way line of State Road 809 (Military Trail),
said ultimate right-of-way line being 60 feet West of the centerline as shown in
Road Plat Book 2 at page 26, Public Records of Palm Beach County, Florida,
being more particularly described as follows:
For a point of reference commence at the intersection of the Easterly prolongation
of the Northerly apparent ultimate right of-way line of State Road 806 (West
Atlantic Avenue), said apparent ultimate right-of-way line being 60 feet north of the
centerline as shown in Road Plat Book 3 at page 26, Public Records of Palm
Beach County, Florida, with the Southerly prolongation of the said Westerly
ultimate right-of-way line of State Road 809; thence N°G56' 08" W., along said
Westerly ultimate right-of-way line, 25.27 feet to the Point of Beginning; thence
continue N 0° 56' 08" W., along said ultimate right of way line, 1282.31 feet to the
North line of the said East three quarters (E 3/4) of the Northeast quarter (NE '/4) of
the Southeast quarter (SE '/a); thence S X82' 49" W., along said North line,
908.70 feet to the West line of the said East three quarters (E 3/4) of the Northeast
quarter (NE '/4) of the Southeast (SE '/a); thence S 0 05' 05" W., along said West
line, 692.44 feet to the North line of the said West half (W '/2) of the Southwest
quarter (SW '/4) of the Northeast quarter (NE '/4) of the Southeast quarter (SE '/a);
thence S 88° 49' 19" W., along said North line, 334.32 feet to the West line of the
said West half (W '/2) of the Southwest quarter (SW '/4) of the Northeast quarter
(NE '/4) of the Southeast quarter (SE '/a); thence S 0° 05' 54" W., along said West
line, 591.86 feet to the said Northerly apparent ultimate right-of-way line of State
Road 806; thence N 89 41' 34" E., along said ultimate right -of-way line, 1240.78
feet; thence N 44° 22' 43" E., 35.55 feet to the said Point of Beginning.
Less that parcel conveyed to Lake Worth Drainage District by Quit Claim Deed
recorded in Official Record Book 3292, Pages 941 and 942 of the Public Records
of Palm Beach County, Florida.
Also, less and except right-of-way conveyed to Palm Beach County by right of way
warranty deed, dated March 31, 1988, recorded September 22, 1988, in Official
Record Book, 5816, page 133, Public Records of Palm Beach County, Florida.
Containing 30.26 acres, more or less.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and
2 ORD NO. 43-10
the same are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder hereof as a whole
or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon the
effective date of Ordinance No. 17-10, under which official land use designation of GC
(General Commercial) is affixed to the subject parcel hereinabove described.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of , 2010.
ATTEST MAYO R
City Clerk
First Reading
Second Reading
3 ORD NO. 43-10
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: July~19, 2010
AGENDA ITEM: I~~.
A City initiated Voluntary Annexation, Future Land Use Map (PLUM) Amendment
from CH-8 (Commercial High with an underlying High Density Residential, 8
dulac) on the Palm Beach County Comprehensive Plan to City GC (General
Commercial) and rezoning from County CG (General Commercial) to City PC
(Planned Commercial) far a 30.26 acre site for the Marketplace of Delray, an
existing shopping Center located at the northwest corner of West Atlantic Avenue
and Military Trail.
GENERAL DATA:
Owner .............................................
Agent ..............................................
Location .............................................
RLV Marketplace LP.
City of Delray Beach.
Northwest corner of West Atlantic
Avenue and Military Trail.
CJ
Property Size ......................................
Existing County PLUM Designation....
Proposed City PLUM Designation.......
Existing County Zoning .......................
Proposed City Zoning .........................
Ad}scent Zoning ..................... North:
East:
South:
West:
Existing Land Use ..............................
Proposed Land Use ............................
Water Service .....................................
Sewer Service .....................................
30.26 acres.
CH-8 (Commercial High with an
underlying High Density Residential,
8 dulac).
GC (General Commercial).
CG (General Commercial)
PC (Planned Commercial}
RM (Medium Density Residential) and
NC (Neighborhood Commercial)
PC {Planned Commercial)
PC (Planned Commercial)
County CH-8 (Commercial High with
an underlying High Density
Residential, 8 dulac}
The Marketplace of Delray, an
existing shopping Center.
Same.
Water service is available via
connection io a 12" water main
located along Military Trail and West
Atlantic Avenue.
Water service is available via an 8"
sewage main located ' along the
perimeter of the site and a lift station
located on the north side of the Lake
Worth District Drainage (LWDD)
canal.
~V
~.. ~ . ~ ~-
IT~M, BEFORE 'fHE BOARD '
The action before the Board is that of making a recommendation to the City Commission on a City initiated
Voluntary Annexation, Future Land Use Map (PLUM) Amendment from Palm Beach County CH-8
(Commercial High with an underlying Residential density of 8 units per acre) to City GC (General
Commercial), and rezoning from County GC (General Commercial) to City PC (Planned Commercial) for an
approximate 30.26 acre site for "The Marketplace of Delray", an existing shopping Center with outparcels.
The subject property is located at northwest corner of West Atlantic Avenue and Military Trail (see location
map and table attached). Pursuant to Land Development Regulations {LDR) Section 2.2.2{E)(6), the Locai
Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to annexation, PLUM amendment, and Rezoning of any property within the City.
~BACKGROUNDIPROJECT ~E$~CRIPI'ION
The property under consideration is a 30.26 shopping center with several outparcels which was constructed
between 1980 and 1986. On April 8, 1980, a water service agreement between Federal Plaza Ltd {then
owners of the subject property) and the City of Delray Beach was executed for approximately 28 acres of
the subject property. The 1980 Water Service Agreement did not include the voluntary annexation clause
nor did it include same of the outparcels.
In August of 2000, the Marketplace of Delray, Inc., requested seven additional water connections for newly
converted retail space. As there was an urgency to open the new businesses, the City Commission
approved a temporary water service agreement on November 7, 2000, to allow the applicant to provide
service to the new tenants, with the understanding that a new water service agreement would be executed.
On June 18, 2002, the Water Service Agreement was modified to include the entire shopping center and all
outparcels. The water service agreement included the consent for future annexation and assessment of a
storm water assessment fee. The agreement states, "unless the customer agrees to an earlier date, the
City agrees not to approve an annexation ordinance under this agreement until January 15, 2010." The
current property owner has been notified of the proposed annexation proceedings. The property is bordered
to the north by the LWDD L-33 Canal and the Fountains of Delray Apartments and Fountain Center; to the
east by Delray Square Shopping Center; to the west by Carnival Flea Market and High Point of Defray
West; and to the south by Pines West Plaza. The subject property is located within the "Four Corners"
overlay district at the intersection of West Atlantic Avenue and Military Trail.
The subject property is under the jurisdiction of Palm Beach County, but in a designated annexation area
for the City of Delray Beach. The property is located in the City's Planning Area, known as Annexation Area
"Dn, as noted in Future Land Use Element Policy B-3.5 of the Comprehensive Plan. The City's advisory
PLUM designation far the property is GC {General Commercial}. The proposed PLUM amendment to
implement the advisory designation and annexation (pursuant to the referenced Agreement far Water
Service) with initial zoning of PC (Planned Commercial} were initiated by the City Commission on July 6,
2010, and are now before the Board far action.
F
UTURE LANI],USE MAP AMEN~MENT'ANALY.SI$
Current Land Use Designation: The current land use map designation for the Marketplace of Delray is
County CH-8 (Commercial High with an underlying Residential density of 8 units per acre). The current City
"advisory" designation is GC {General Commercial). The City's PLUM designation as initially contained on
the City's Future Land Use Map adopted by Ordinance 82-89 in November 1989, {and as formally amended
subsequently) are deemed to be advisory until an official Future Land Use Map Amendment is processed.
Planning and Zoning Board Meefing of July 19, 2010 Staff Report
The Marketplace-Annexation, FI.UM Amendment, and Rezoning
Requested Land Use Designation: The requested Future Land Use Map Designation is GC (General
Commercial),
CONSISTENCY WITH 7HE CITY'S COMPREHENSIVE PLAN:
Designated Annexation Area: The properties to be annexed are located within designated Annexation
Area "D" on the west side of Military Trail, north of Atlantic Avenue. Annexation of the territory is consistent
with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through
voluntary annexations as the opportunities arise.
Land Use Analysis:
Consistency Between the City and County Land Use Designations:
The proposed City Future Land Use Map Designation far the property is GC (General Commercial}. -the
existing County Future Land Use Map Designation for the property is CH-8 (Commercial High with an
underlying Residential of 8 units per acre}. The City's GC Future Land Use Map Designation is consistent
with the existing County CH-8 designation in that the city's description of the General Commercial
designation states,
"This designation is applied to land which is, or should be, developed for general commercial
purposes e.g. retail, office, services". 1t is further stated, "Residential uses may comprise up to
15% of the total floor area of the General Commercial Land Use designation. Residential uses
are permitted either in conjunction with a commercial use, or as a standalone use subject to
Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per
acre. Areas with the General Commercial designation, located within a workforce housing
overlay district, may also exceed 12 units per acre up to a maximum of 3D units per acre within
the Four Corners Overlay District and 18 units per acre within the infill workforce housing area,
by obtaining density bonuses through the provision of workforce housing units".
Similarly to the County's CH-8 designation, the City's GC designation allows for mixed-use development
with general commercia[ and residential uses.
Ad'acent Future Land Use Ma Desi nations Zonin Desi nations and Land Uses:
The following zoning designations and uses abut the subject properties:
FLUM Desi nafion Zonin District Use
MD {Medium Density RM (Medium Density Residential) Fountains at Delray Beach
North: Residential 5-12 du/ac) and and Apartments
TRN (Transitional) NC (Neighborhood Commercial) Fountain Center
Soufh: GC General Commercial PC Planned Commercial Pines West Plaza
Fast: ~ GC {General Commercial) PC (Planned Commercial} Delray Square Plaza
CH-8 {Commercial High with High Point of Delray West and
West: an underlying Residenkial GC (General Commercial) Carnival Flea Market
density of 8 units per acre)
2
Planning and Zoning Board Meeting of July 19, 2010 Staff Report
The Marketplace -Annexation, FLUM Amendment, and Rezoning
The proposed FLUM designation and rezoning of the subject properties will maintain consistency and
compatibility with the adjacent development patterns.
Allowable Land Uses:
Under the proposed General Commercial (GC} Land Use Map designation, commercial zoning districts
which accommodate shopping center developments are allowed. The proposed zoning of PC is consistent
with the proposed GC FLUM designation and compatible with the adjacent developments to the west, south
and east.
REQUIRED FINDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3:
Pursuant to LDR Section 3.1.1, 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 (FLUM), Concurrency, 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.
Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and
resulting structures must be allowed in the zoning district within which the land is situated, and said
zoning must be consistent with the land use designation as shown on the Future Land Use Map. The
proposed Planned Commercial (GC} zoning district is consistent with the proposed GC (General
Commercial} FLUM designation. Retail and other commercial activities established on large sites in a
well planned, functional, and aesthetically pleasing manner are allowed in the Planned Commercial
(PC) zoning district as a permitted use. Based on the above, positive findings can be made with respect
to FLUM consistency.
^ Concurrency: Development at the highest intensity possible under the requested designation
can meet the adopted Concurrency standards.
Provision of Services: When annexation of property occurs, services are to be provided in a manner
which is consistent with services provided to other similar properties already in the City (Future Land
Use Element Policy B-3.1). The proposal involves amending the FLUM designation from Palm Beach
County CH-8 {Commercial High with an underlying high Residential, 8 dulac) to City GC (General
Commercial} and rezoning from County GC {General Commercial) to City PC {Planned Commercial) for
an approximately 30.26 acres site for The Market Place of Delray, an existing shopping Center with
outparcels. Since the City's advisory FLUM designation of GC, as shown on the existing Future Land
Use Map, has been in place since 199x, this amendment is just an implementation of current
comprehensive plan policies and there is no change in development potential. However, a general
description of Concurrency findings with respect to Police, Solid Waste, Traffic and Water and Sewer
are discussed below:
Police: This property is currently serviced by the Palm Beach County Sheriffs Office, located at 345
South Congress, which serves the South County area. The property is within Sheriff Patrol zone 7.
3
Planning and Zoning Board Meeting of July 19, 2414 Staff Report
The Marketplace -Annexation, FLUM Amendment, and Rezoning
Zone 7 is bordered by Jog Road on the west, the Delray Beach City Limits on the east, and Atlantic
Avenue on the north and Clint Moore Road to the south. One officer is assigned to a particular zone
during a shift {three shifts per day). The City of Delray Beach's Police Department has 14 cars per shift
patrolling a 15 square mile area during the day and 15 cars during the night; and as a result, response
time will be significantly improved upon annexation. Annexation will not require additional manpower
since the police currently patrol in close proximity to these parcels.
Fire and Emerpency Services: The annexation of this property wi11 not require additional manpower.
The municipal area is served by Fire Station No. 4 (Barwick Road and Lake Ida Road). With
annexation, the property will receive an improved response time from the current 5.5 minutes of the
County's Fire Department {Fire Station #42 located on Hagen Ranch Road close to the Turnpike) to 2.5
minutes for the City's Fire Department {Fire Station #4 located at Barwick and Lake Ida Road).
Water.' Municipal water service is available via connection to a 12" water main located along Military
Trail and West Atlantic Avenue. Ten fire hydrants are spread out through the property including one fire
hydrant the east side of Military and another one the south side of West Atlantic Avenue. The City's
Utilities Department has indicated that treatment capacity is available at the City's Water Treatment
Plant at build-out.
Sewer: Sewer service is available via an 8" sewer main located along the perimeter of the site and a lift
station located on the north side of the Lake Worth District Drainage (LWDD} canal. The City's Utilities
Department has indicated that treatment capacity is available at the South Central County Waste Water
Treatment Plant for the City at build-out.
Streefs: The subject properties can be accessed via West Atlantic Avenue and from Military Trail.
West Atlantic Avenue and Military Trail are under the jurisdiction of Palm Beach County and the
jurisdictional responsibility and the associated maintenance of West Atlantic Avenue and Military Trail
will not change upon annexation. Based upon the above a positive finding with respect to traffic
concurrency can be made.
Solid Waste: The Marketplace of Delray shopping plaza has nine retaillcommercial establishments
including eight outside parcels and one large internal parcel. Therefore, the subject property will have a
relatively important impact on this level of service standard. The solid waste authority has indicated they
have sufficient capacity to service this area. The service provider will not change with annexation, as
described later in this report.
D Consistency: The requested designation is consistent with the goals, objectives and policies of
the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policy A-7.7: Amendments to the FLUM must be based upon the
t'indings 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
4
Planning and Zoning Board Meeting of July 19, 2010 Staff Report
The Marketplace -Annexation, FLUM Amendment, and Rezoning
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.
The proposal is associated with the annexation of an unincorporated property and requires changing
the FLUM designation from County to City. Since the City's advisory FLUM designation is being being
applied to the property in association with the annexation, the demonstrated need does not apply.
Future tarrd Use Eiemerrf Objective A-7: Property shall be developed or redeveloped, in a
marrrrer so that the future use, irrferrsify acrd density are appropriate in Perms of soil,
topographic, acrd other applicable physics! considerations; encourage affordable goods acrd
services; are complementary to and compatible with adjacent land uses; acrd fulfil! remaining
land use needs.
The subject property does not have any unique environments! characteristics that would require
mitigation measures. The current County FLUM designation is CH-8 (Commercial High with an
underlying High Residential, 8 unitslacre} and the proposed City designation is GC (General
Commercial). It is noted that the proposed PC (Planned Commercial) zoning designation would allow
commerciallretail developments as does the county zoning designation of CH-8 (Commercial High with
an underlying High Residential, 8 unitslacre}. It is also noted that the proposed GC {General
Commercial) FLUM designation is compatible with the existing developments to the south, Delray
Commons and Points West Shopping Plaza; to the east, Hess Gas Station, Walgreens, and Delray
Square Shopping Plaza; and to the west, Carnival Flea Market of Delray. It is also compatible existing
Fountains at Delray Beach Apartment complex and the small retail center to the north.
Compatibility -- The requested designation will be compatible with the existing and future land
uses of the surrounding area.
As noted above, compatibility has been identified under Future Land Use Element Objective A-1.
Compliance -- Development under the requested designation will comply with the provisions
and requirements of the Land Development Regulations.
The current development far The Marketplace of Delray was processed both through the County and
the City for consistency with the LDRs as part of the water service agreement process. Any future
development of the subject property will be submitted to the site plan review process and will be
reviewed for compliance with the LDRs. At this time, no issues have been identified which would
prohibit compliance with the requirements of the proposed PC (Planned Commercial) zoning district for
the Marketplace of Delray development.
;.
,,
AIVNE'XATIQN. ANALYSIS' ~~ ~ ~ ~ ~ , ,
Florida Statues Goyernincl Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an unincorporated area
of the County, which is contiguous to a municipality and reasonably compact may petition the governing
body of said municipality that said property be annexed to the municipality". Pursuant to F. S. 171.044 {5)
"land shall not be annexed through voluntary annexation when such annexation results in the creation of
enclaves".
5
Planning and Zoning Board Meeting of July 19, 2010 Staff Report
The Marketplace --Annexation, FLUM Amendment, and Rezoning
As noted throughout the report, the Marketplace Development is a voluntary annexation which is consented
to through an executed water service agreement. Chapter 171.046, Florida Statutes (2004), provides for
annexation of certain enclaves by entering into an Interlocal Agreement between the Municipality and the
County having jurisdiction over such enclave; and limits annexation by Interlocal Agreement to enclaves of
ten (10) acres or less in size.
Financial Impacts:
Effect upon Annexed Property: the following table depicts the current assessed value and total (County)
taxes for the subject property:
'THE MARKETPLACE OF DELRAY ? I
PCN
TAXABLE
VALUE 2409
PBC ADVAL.
TAXES PBC NON-
ADVAL.
- TAXES TOTAL
pBC
TAXES PBC
COUNT
Y MILL. ADVAL.
CITY OF
bELRAY
'TAXES A VAL.
CITY OF
DELRAY
TAXES CITY OF
DELRAY
BEACH
MILEAGE TOTAL CITY
OF DELRAY
TAXES
DIFFERENCE
] ( € ~i
424614000005010 17,OD0,000,0 323,811.00 97,355.00 421,166.Op ~q,0477 386,909.78 18,701 22.7594 405,610.42 -15,555.58
424614000005500 8277,112.0 24,326.00 4,256.OD 28,582.00 19.0477 29,066.3D 18,701 22.7594 47,766.94 19,184.94
424614000005510 1,143,658.0 21,213.00 911.00 22,124.00 1,g,pg77 25,346.13 18,701 22.7594 44,04fi.83 21,922.$3
424614000005520 1,622,447.0 28,999.DO 910.00 29,909.00 13.0477 34,649.98 18,70'1 22.7594 53,350.62 23,441.62
424614000005530 1,064,524.0 20,277.00 5,846.OD 26,123.00 19,0477 24,227.93 18,701 22.7594 42,928.57 16,805.57
424614000005540 1,217,770.0 23,996.00 873.OD 24,069.D0 19.0477 27,715.71 18,701 22.7594 46,415.35 22,347.35
424614000005550 1,427,665.0 21,a79A0 262.00 21,741.00 19.0477 25,664.98 18,701 22.7594 44,365.62 22,624.62
424614000005560 7'9,298.0 13,699.00 4,210.OD 17,909.OD 19.0477 16,368.97 18,701 22.7594 35,069.61 17,16D.61
424614000005570 845,654.0 16,108.00 4,689.00 20,797A0 19.oA77 19,246.58 18,701 22.7594 37,947.22 17,150.22
SUB-TOTAL 25,888,048.9 $493,108.04 $119,312.00 $512,42p,00 19.0477 $569,196.41 ` 168,306 22.7594 E757,502.is $145,082.16
For the 2009 tax year, the subject property had an assessed value of $25,888,048.00. With the change
from County to City jurisdiction, the following taxes and rates~will be affected:
THE MARKETPLACE OF DELRAY
ADVALOREM'
!TAXES COUNTY
TAXES COUNTY `
MILEAGE WITH
ANNEXATIt?N CITY''
TAXES CITY
MILEAGE
Fire/Rescue MSTI_f 89,523.46 3.45810005 DELETE 0.00 0.000000
Palm Beach Coun Lib. 12,866.36 0.49700001 DELETE 0.00 0.000000
Palm Beach Co.Lib.bebt 1,418.67 0.05480019 DELETE 0.00 O.D00000
Florida Inland Nave ation 893.13 0.03449970 893.13 O.D34500
Health Care District 29,644.41 1.14510024 29,644.41 1.145100
Palm Beach Count 112,457.67 4.34399959 112,457.67 4.344000
Palm Beach County Debt 5,628.06 0.21739994 5,628.06 0.217400
Children Service Council 17,857.57 D.68979979 17,857.57 0.689800
Public Schools Loc.Board 64,668.35 2.4980oD00 64,668.35 2.49800000
Public Schools Stake Law 141,995.93 5.48500000 141,995.93 5.48500000
SFWMD District 13,839.74 0.53459960 13,839.74 0.534600
SFWMD Everglades Const. 2,314.39 0.08939994 2,314.39 0.089400
City of Delra Beach Added Cit 186,135.07 7.190000
City of Delra Beach Debk Added {City) 13,762.09 0.531600
SUB-TOTAL, $493,108 19.0477 Difference" $6$9,196 22.7594
3.7117
6
Planning and Zoning Board Meeting of July 19, 2010 Staff Report
The Marketplace -Annexation, FLUM Amendment, and Rezoning
~` Total tax millage in the county is 19.0477 mills. If annexed into the City, the total millage would be
22.7594 mills, a difference of 3.7117 mills.
The current yearly ad valorem and non ad valorem taxes are $612,420, With annexation, the yearly ad
valorem taxes will increase to $757,502.16 (612,420+145,082.16=757,502.16); a tax difference of
$145,082.16. In addition to property taxes, the following Non Ad Valorem fiscal responsibility will apply:
Delray Beach Storm Water Utility -This assessment is based upon the percentage of impervious area
of the structures, buildings, parking areas, etc. If the property is developed as a multiple family complex or
is subdivided for residential purposes, an assessment of $54.00 per unit would be applied. A 25%
discount from the assessment is available since the property is within the Lake Worth Drainage District.
An additional 25% may be available if drainage is retained on site.
Solid Waste Authority -This annexation area is serviced under a contract with Waste Management. The
City's solid waste removal contract is also through Waste Management. Pursuant to Florida Statute
171.062 (4)(a) " if a party has an exclusive franchise which is in effect for at least six months prior to the
initiation of an annexation, the franchise may continue to provide such services to the annexed area for
five years or the remainder of the franchise term whichever is shorter". Thus, the waste service provider
will not change with annexation. The Marketplace of Delray property is currently providing a solid waste
disposal fee to the County. After annexation, an assessment fee of approximately $4,477 per year for this
service will be paid to the City.
SUMMARY aF I11~PACTS:ON°THE PRDR~FfTY~ ~'
FINANCIAL CONSI.C}ERATIONS
AD VALOREM TAXES 2010 + $145,082.16
City Mills. PS County Mills
22.75940 - 19.04770 = 3.7117
NON AD VALOREM TAXES 2010
Stormwater Assessment $14,223.02
Solid Waste Collection $4,477.62
WATER & SEWER UTILITY FEES $0.00
ANNUAL FINANCIAL IMPACT: + $'163,782.80
SERVICE CONSIDERATIONS
Fire Response + Faster response from an estimated 5.5
minutes Count to 2.5 minutes Cit .
Emergency Medical + Faster response from an estimated 5.5
Services EMS minutes Count to 2.5 minutes Cit .
Police + Better response based upon more officers
in field; 14 patroll cars per shifk daytime,
15 atroll cars Burin the ni ht.
Code Enforcement + Pro-active vs reactive opportunity to work
wikh roe owners.
Fiscal Impacts: As shown on the above table, annexation into the City, would generate an additional
$145,082.16 in ad valorem taxes per year from this property. With future redevelopment, additional
revenues will be realized through increased assessment value, building permit fees, the annual collection
of the storm water assessment fee, as well as utility taxes (9.5% electric, 7% telephone) and franchise
fees on electric, telephone, and cable. As shown on the Table below, the total fiscal impact to the City is
approximately $214, ~ 20.17.
7
Planning and Zoning Board Meeting of July 19, 2010 Staff Report
The Marketplace -Annexation, FLUM Amendmenk, and Rezoning
FISCAI, IMPACT TO THE CITY-
AD VALOREM TAXES 2010
City of Delray Beach 7.1900 Mills
Cit of Delra Beach Debt 0.5316 Mills $186,135.07
$13,762.09
SUB-TOTAL $199,897.15
NON-AD VALOREM TAXES
Sform Water Assessment
$14,223.02
SUB-TOTAL $214,120.17
PARK AND RECREATION IMPACT FEE
$5fl0 er unik
$0.00
TOTAL $214,120.17
,-
ZONING AN~L,YSIS
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with
the development criteria of the LDRs were preciously 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 for each property.
The proposed City zoning designation is PC (Planned Commercial) while the current County zoning
designation is CG (General Commercial). The surrounding zoning designations are: PC (Planned
Commercial) to the east and south; RM (Medium Density Residential) and NC (Neighborhood Commercial)
to the north; and County GC (General Commercial) to the west.
Section 3.2.2 (Standards for Rezoning Actionsl: standard "A", "B", "C", and "E" are not applicable
with respect to this rezoning request. The applicable performance standards 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 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.
Compatibility is not a concern, as the property currently contains a shopping center, which has existed at
this location since 1980. The initial PC (Planned Commercial) zoning designation will accommodate the
existing shopping center as a permitted use. There is no development proposal associated with this
request. Compatibility of any future development proposals with the adjacent developments will be
appropriately addressed with review of such future developments.
Section 2.4.5 (D) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (5), 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:
(a) That the zoning had preciously been changed, or was originally established, in error;
8
Planning and Zoning Board Meeting of July 19, 2010 Staff Report
The Marketplace-Annexation, FLUM Amendment, and Rezoning
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future Land Use
Map and that it is more appropriate for the property based upon circumstances particular
to the site andfor neighborhood.
The property is developed and the existing development is allowed under the proposed PC zoning district.
As stated above, the project is located within the "Four Corners Overlay District". With review of the
annexation request, a site visit was conducted and did reveal some code violations, which primarily relate to
landscape and perimeter buffer deficiencies. Any future development or redevelopment will be required to
comply with the Land Development Regulations.
In addition to the above, buildings within the "Four Corners Overlay District" require a minimum floor area of
4,000 sq. ft. per building. Based upon the site plan approved through the County, three (3) outparcel
buildings have been constructed with floor areas less than 4,000 sq. ft. The existing structures are
considered nonconforming and can continue. However, should a site plan modification be requested, the
building square footages cannot be decreased.
Finally, it is noted that a "gasoline station" is not an allowed use within the Four Corners Overlay District.
The existing gasoline station will be classified as an existing non-conforming use and thus subject to the
regulations pertaining to non-conforming uses contain in Article 1.3 of the Land Development Regulations.
Items "b" and "c" are the basis for which the rezoning should be granted. The properties are in the
unincorporated area of Palm Beach County. However, they are also within the City of Delray Beach future
annexation area. "fhe annexation requires that an appropriate City zoning designation be applied to the
property. The PC zoning designation is of similar intensity as that allowed under the proposed City GC and
existing County CH-8 land use designations. Based upon the above, positive findings can be made with
respect to LDR Section 2.4.5{D) (5).
REVIEW`!BY QTHERS
The subject properties are not in an area that requires review by the Community Redevelopment Agency
{CRA) or Downtown Development Authority {DDA).
Palm Beach County Notice:
On June 10, 2010, Palm Beach County Administrator and Palm Beach County Planning Division were
notified of the City's intent to annex this property. The County has responded that it has no objections to the
proposed annexation.
IPARC Notice:
Notice of the Future Land Use Amendment has'also been provided to the Interlocal Plan Amendment
Review Committee (IPARC) which distributes the information to adjacent municipalities.
Lake Worth Drainage District:
On July 9, 2010, Lake Worth Drainage District was notified of the City's intent to annex this property. Lake
Worth Drainage District has submitted a letter stating that they do not have any objections to the proposed
annexation.
9
Planning and Zoning Board Meeting of July 19, 2010 Staff Report
The Marketplace - Annexakion, FtUM Amendment, and Rezoning
Courtesy Nofices:
Special courtesy notices were provided to the following homeowners and civic associations:
Neighborhood Advisory Council High Point of Delray West
PROD (Progressive Residents of Delray) Sunset Pines
Coconut Key HOA Highland Trailer Co.
Pud lic Nofice:
Formal public notice has been provided to the affected property owners as well as property owners within a
500' radius of the subject property. Additional letters of support or objection, if any, will be presented at the
Planning and Zoning Board meeting.
,;
~~ ASSESSMENT ANb ~CONCLUSION~
Accommodating the annexation of this property is consistent with the City's program for annexation of
territory within its planning and service area.
Far the Marketplace of Delray property, the City's advisory GC (General Commercial)) Land Use Map
Designation is consistent with the County's CH-8 (Commercial High with an underlying High Residential, 8
units per acre} designation in that it is compatible with the existing land use designations and the adjacent
development pattern of the adjacent development. This Future Land Use Map designation is being
proposed concurrently with a request for initial zoning of PC {Planned Commercial) District which is also
compatible with the surrounding development pattern.
The annexation will provide better Police, Fire, EMS and Code Enforcement services than under County
jurisdiction. The properties will experience an increase in ad valorem taxes. The City will receive additional
revenue from property taxes, in addition to storm water assessment fees utility taxes, franchise fees, and
licensing fees upon development. Based upon the above, the proposed Annexation, Future Land Use Map
Amendment and associated Rezoning application should be approved.
ALTERNATIVE'ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for a City initiated Voluntary Annexation,
Future Land Use Map {PLUM) Amendment from Palm Beach County CH-8 {Commercial High with an
underlying High Density Residential, 8 dulac) to City GC (General Commercial) and rezoning from
County GC {General Commercial} to City GC {General Commercial) far a 30.26 acres site for the
Marketplace of Delray, an existing shopping Center, located at the northwest corner of West Atlantic
Avenue and Military Trail, by adopting the findings of fact and law contained in the staff report, and
finding that the requests and approval thereof is consistent with the Comprehensive Plan and meets the
criteria set forth in Sections 2.4,5(D) {5}, 3.1.1 and 3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for a City initiated Voluntary Annexation,
Future Land Use Map (PLUM) Amendment from Palm Beach County CH-8 (Commercial High with an
underlying High Density Residential, 8 dulac) to City GC {General Commercial} and rezoning from
County GC (General Commercial) to City GC (General Commercial) far a 30.26 acres site for the
Marketplace of Delray, an existing shopping Center located at the northwest corner of West Atlantic
Avenue and Military Trail, by adopting the findings of fact and law contained in the staff report, and
10
Planning and Zoning Board Meeting of July 19, 2010 Staff Report
The Marketplace -Annexation, FLUM Amendment, and Rezoning
finding that the requests is inconsistent with the Comprehensive Plan, and does not meet the criteria set
forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the hand Development Regulations.
~~ ~ ~ R'~COMMENDED_ACTIDN~ _
D. Moue a recommendation of approval to the City Commission for a City initiated Voluntary Annexation,
Future hand Use Map {F~UM) Amendment from Palm Beach County CH-8 (Commercial High with an
underlying High Density Residential, 8 dulac) to City GC (General Commercial) and rezoning from
County GC (General Commercial) to City GC (General Commercial) fora 30.26 acres site for the
Marketplace of Delray, an existing shopping Center located at the northwest corner of West Atlantic
Avenue and Military Trail, by adopting the findings of fact and law contained in the staff report, and
finding that the requests and approval thereof is consistent with the Comprehensive Plan and meets the
criteria set forth in Sections 2.4.5(D) (5), 3.1,1 and 3.2,2 of the hand Development Regulations.
5kaff Report Prepared by: Jasmin Allen and Esfelio Breto
Attachments: Location Map, Future Land Use Map and Zoning Map
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MEMORANDUM
TO: Mayor and City Commissioners
FROM: Ronald Hoggard, AICP, Principal Planner
THROUGH: City Manager
DATE: November 22, 2010
SUBJECT: AGENDA ITEM SP.2 -SPECIAL MEETING OF NOVEMBER 30, 2010
ORDINANCE NO. 18-10
ITEM BEFORE COMMISSION
The item before the City Commission is aCity-initiated annexation (via the provisions of an executed
Agreement for Water Service and Consent to Annexation) of the "Marketplace of Delray", an existing
shopping center with several outparcels, located within the "Four Corners" overlay district at the
northwest corner of West Atlantic Avenue and Military Trail.
BACKGROUND
The "Marketplace of Delray" is a 30.26 acre shopping center, including outparcels, which was
constructed between 1980 and 1986. On April 8, 1980, a water service agreement between Federal
Plaza Ltd (then owners of the subject property) and the City of Delray Beach was executed for
approximately 28 acres of the subject property. This Water Service Agreement did not include a
voluntary annexation clause, nor did it include some of the outparcels.
In August of 2000, the Marketplace of Delray, Inc., requested seven additional water connections for
newly converted retail space. As there was an urgency to open the new businesses, the City
Commission approved a temporary water service agreement on November 7, 2000 to allow the
applicant to provide service to the new tenants, with the understanding that a new water service
agreement would be executed. On June 18, 2002, the Water Service Agreement was modified to include
the entire shopping center and all outparcels. The agreement also included a consent for future
annexation and assessment of a storm water assessment fee. The agreement states, "unless the customer
agrees to an earlier date, the City agrees not to approve an annexation ordinance under this agreement
until January 15, 2010."
The current property owner has been notified of the proposed annexation proceedings. Along
with annexation, the City is also processing a rezoning from Palm Beach County CG (General
Commercial) to City PC (Planned Commercial) and a concurrent FLUM (Future Land Use Map)
amendment from County CH-8 (Commercial High with an underlying Residential density of 8 units per
acre) to City GC (General Commercial). The FLUM Amendment, which is part of Comprehensive Plan
Amendment 2010-1, will be considered at second reading by the City Commission on December 14,
2010.
A full analysis of the proposed annexation is provided in the attached Planning and Zoning Board staff
report.
REVIEW BY OTHERS
The Planning and Zoning Board held its public hearing regarding the annexation, rezoning and FLUM
amendment on July 19, 2010. Several members of the public questioned the need for the City to annex
the property and were concerned about the increase in property taxes when annexed. The owner of the
Ugly Mug bar, an outparcel at the shopping center, was also concerned about his ability to continue to
sell alcohol until 5:00 AM in the City. Please note that the issue with the hours of the Ugly Mug has
been addressed in the Annexation Ordinance, which allows the Ugly Mug to continue operating under
Palm Beach County Code requirements concerning hours of operation for 20 years from the date of
adoption of the ordinance. The Board considered the request and unanimously (6-0) recommended
approval of the annexation, rezoning and FLUM amendment.
Palm Beach County Notice:
On June 10, 2010, the Palm Beach County Administrator and the Palm Beach County Planning
Division were notified of the City's intent to annex this property. The County has responded that it has
no objections to the proposed annexation.
Interlocal Plan Amendment Review Committee (Il'ARC Notice:
Notice of the Future Land Use Map Amendment was also provided to Il'ARC which distributes the
information to adjacent municipalities. To date, no objections have been received.
Lake Worth Drainage District:
On July 9, 2010, Lake Worth Drainage District was notified of the City's intent to annex this property.
Lake Worth Drainage District has submitted a letter stating that they do not have any objections to the
proposed annexation.
Courtesy Notice:
Special courtesy notices were provided to the following homeowners and civic associations:
• Neighborhood Advisory Council
. High Point of Delray West
. PROD (Progressive Residents of Delray)
. Sunset Pines
• Coconut Key HOA
. Highland Trailer Co.
Public Notice:
Formal public notice has been provided to the property owner and to property owners within a 500'
radius of the subject property. We have received no letters of objection or support.
RECOMMENDATION
By motion, approve on first reading, Ordinance No. 18-10, annexing the Marketplace of Delray
Shopping Center, by adopting the findings of fact and law contained in the staff report, and finding that
the request is consistent with the Comprehensive Plan, meets the criteria set forth in Section 2.4.5(C)(4)
of the Land Development Regulations, and complies with Florida Statutes Chapter 171.
ORDINANCE NO. 18-10
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, A PARCEL OF LAND LOCATED AT THE
NORTHWEST CORNER OF MILITARY TRAIL AND WEST
ATLANTIC AVENUE, AS THE SAME IS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, RLV Marketplace LP is the fee simple owner of a 30.26 acre parcel of land
located at the northwest corner of Military Trail and West Atlantic Avenue; and
WHEREAS, pursuant to the Agreement for Water and Sewer Service and Consent to
Annexation and Stormwater Management Assessment executed on June 18, 2002, the City of
Delray Beach intends to annex the subject property into the municipal limits of the City of
Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate
limits of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the
jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (PLUM)
designation of CH/8 (Commercial High with an underlying Residential of 8 units per acre); and
WHEREAS, the City's PLUM designation as initially contained on the City's Future
Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to
be advisory only until an official Land Use Amendment is processed; and
WHEREAS pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of July 19, 2010, and voted 6
to 0 to recommend annexation, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Palm Beach County,
Florida, hereby annexes to said City the following described land located in Palm Beach
County, Florida, which lies contiguous to said City to-wit:
A part of the East three quarters (E 3/4) of the Northeast quarter (NE '/4) of the
Southeast quarter (SE '/4) and the West half (W '/2) of the Southwest quarter (SW '/4)
of the Northeast quarter (NE '/4) of the Southeast quarter (SE '/4) of Section 14,
Township 46 South, Range 42 East, Palm Beach County, Florida, lying West of the
Westerly apparent ultimate right-of-way line of State Road 809 (Military Trail), said
ultimate right-of-way line being 60 feet West of the centerline as shown in Road Plat
Book 2 at page 26, Public Records of Palm Beach County, Florida, being more
particularly described as follows:
For a point of reference commence at the intersection of the Easterly prolongation of
the Northerly apparent ultimate right of-way line of State Road 806 (West Atlantic
Avenue), said apparent ultimate right-of-way line being 60 feet north of the centerline
as shown in Road Plat Book 3 at page 26, Public Records of Palm Beach County,
Florida, with the Southerly prolongation of the said Westerly ultimate right-of-way
line of State Road 809; thence N 0° 56' 08" W., along said Westerly ultimate right-of-
way line, 25.27 feet to the Point of Beginning; thence continue N 0° 56' 08" W., along
said ultimate right of way line, 1282.31 feet to the North line of the said East three
quarters (E 3/4) of the Northeast quarter (NE '/4) of the Southeast quarter (SE '/a);
thence S 88° 32' 49" W., along said North line, 908.70 feet to the West line of the
said East three quarters (E 3/4) of the Northeast quarter (NE '/4) of the Southeast (SE
2
ORD. NO 18-10
'/a); thence S 0° 05' 05" W., along said West line, 692.44 feet to the North line of the
said West half (W '/2) of the Southwest quarter (SW '/4) of the Northeast quarter (NE
'/4) of the Southeast quarter (SE '/a); thence S 88° 49' 19" W., along said North line,
334.32 feet to the West line of the said West half (W '/2) of the Southwest quarter
(SW '/4) of the Northeast quarter (NE '/4) of the Southeast quarter (SE '/a); thence S
0° 05' 54" W., along said West line, 591.86 feet to the said Northerly apparent
ultimate right-of-way line of State Road 806; thence N 89° 41' 34" E., along said
ultimate right-of-way line, 1240.78 feet; thence N 44° 22' 43" E., 35.55 feet to the
said Point of Beginning.
Less that parcel conveyed to Lake Worth Drainage District by Quit Claim Deed
recorded in Official Record Book 3292, Pages 941 and 942 of the Public Records of
Palm Beach County, Florida.
Also, less and except right-of-way conveyed to Palm Beach County by right of way
warranty deed, dated March 31, 1988, recorded September 22, 1988, in Official
Record Book, 5816, page 133, Public Records of Palm Beach County, Florida.
Containing 30.26 acres, more or less.
Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby
redefined to include therein the above-described tract of land and said land is hereby
declared to be within the corporate limits of the City of Delray Beach, Florida.
Section 4. That the land hereinabove described shall immediately become subject to
all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be subjected, including the
Stormwater Management assessment levied by the City pursuant to its ordinances and as
required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed
citizens of the City of Delray Beach, Florida.
Section 5. That this annexation of the subject property, including adjacent roads,
alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance
responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the
City pursuant to current requirements and conditions.
Section 6. Those uses operating within the boundaries of the parcel described as the
South 161.33 ft of the West 174.6 ft of the East 1004.6 ft of that part of the Northeast quarter
(NE '/4) of the Southeast quarter (SE '/4) of Section 14 Township 46 South, Range 42 East,
lying West of SR 809 & North of SR 806 road rights-of-way, Palm Beach County, Florida,
3
ORD. NO 18-10
currently known as the Ugly Mug, located at 5065 West Atlantic Avenue; in operation in
accordance with Palm Beach County Code requirements as of December 14, 2010, are
permitted to continue operating under Palm Beach County Code requirements concerning
hours of operation for 20 years from the date of adoption of this ordinance. Provided,
however, that no expansion of operating hours shall be permitted, unless a like expansion is
permitted by the applicable codes of the City of Delray Beach and in no event shall the hours
of operation be reduced below that permitted by the applicable codes of the City of Delray
Beach. In any event, all non-conformities with respect to such codes shall cease as
December 15, 2030.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 8. 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 9. That this ordinance shall become effective immediately upon passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on
this the day of , 2010.
ATTEST
City Clerk
First Read
Second Reading
4
MAYOR
ORD. NO 18-10
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: July~19, 2010
AGENDA ITEM: I~~.
A City initiated Voluntary Annexation, Future Land Use Map (PLUM) Amendment
from CH-8 (Commercial High with an underlying High Density Residential, 8
dulac) on the Palm Beach County Comprehensive Plan to City GC (General
Commercial) and rezoning from County CG (General Commercial) to City PC
(Planned Commercial) far a 30.26 acre site for the Marketplace of Delray, an
existing shopping Center located at the northwest corner of West Atlantic Avenue
and Military Trail.
GENERAL DATA:
Owner .............................................
Agent ..............................................
Location .............................................
RLV Marketplace LP.
City of Delray Beach.
Northwest corner of West Atlantic
Avenue and Military Trail.
CJ
Property Size ......................................
Existing County PLUM Designation....
Proposed City PLUM Designation.......
Existing County Zoning .......................
Proposed City Zoning .........................
Ad}scent Zoning ..................... North:
East:
South:
West:
Existing Land Use ..............................
Proposed Land Use ............................
Water Service .....................................
Sewer Service .....................................
30.26 acres.
CH-8 (Commercial High with an
underlying High Density Residential,
8 dulac).
GC (General Commercial).
CG (General Commercial)
PC (Planned Commercial}
RM (Medium Density Residential) and
NC (Neighborhood Commercial)
PC {Planned Commercial)
PC (Planned Commercial)
County CH-8 (Commercial High with
an underlying High Density
Residential, 8 dulac}
The Marketplace of Delray, an
existing shopping Center.
Same.
Water service is available via
connection io a 12" water main
located along Military Trail and West
Atlantic Avenue.
Water service is available via an 8"
sewage main located ' along the
perimeter of the site and a lift station
located on the north side of the Lake
Worth District Drainage (LWDD)
canal.
~V
~.. ~ . ~ ~-
IT~M, BEFORE 'fHE BOARD '
The action before the Board is that of making a recommendation to the City Commission on a City initiated
Voluntary Annexation, Future Land Use Map (PLUM) Amendment from Palm Beach County CH-8
(Commercial High with an underlying Residential density of 8 units per acre) to City GC (General
Commercial), and rezoning from County GC (General Commercial) to City PC (Planned Commercial) for an
approximate 30.26 acre site for "The Marketplace of Delray", an existing shopping Center with outparcels.
The subject property is located at northwest corner of West Atlantic Avenue and Military Trail (see location
map and table attached). Pursuant to Land Development Regulations {LDR) Section 2.2.2{E)(6), the Locai
Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to annexation, PLUM amendment, and Rezoning of any property within the City.
~BACKGROUNDIPROJECT ~E$~CRIPI'ION
The property under consideration is a 30.26 shopping center with several outparcels which was constructed
between 1980 and 1986. On April 8, 1980, a water service agreement between Federal Plaza Ltd {then
owners of the subject property) and the City of Delray Beach was executed for approximately 28 acres of
the subject property. The 1980 Water Service Agreement did not include the voluntary annexation clause
nor did it include same of the outparcels.
In August of 2000, the Marketplace of Delray, Inc., requested seven additional water connections for newly
converted retail space. As there was an urgency to open the new businesses, the City Commission
approved a temporary water service agreement on November 7, 2000, to allow the applicant to provide
service to the new tenants, with the understanding that a new water service agreement would be executed.
On June 18, 2002, the Water Service Agreement was modified to include the entire shopping center and all
outparcels. The water service agreement included the consent for future annexation and assessment of a
storm water assessment fee. The agreement states, "unless the customer agrees to an earlier date, the
City agrees not to approve an annexation ordinance under this agreement until January 15, 2010." The
current property owner has been notified of the proposed annexation proceedings. The property is bordered
to the north by the LWDD L-33 Canal and the Fountains of Delray Apartments and Fountain Center; to the
east by Delray Square Shopping Center; to the west by Carnival Flea Market and High Point of Defray
West; and to the south by Pines West Plaza. The subject property is located within the "Four Corners"
overlay district at the intersection of West Atlantic Avenue and Military Trail.
The subject property is under the jurisdiction of Palm Beach County, but in a designated annexation area
for the City of Delray Beach. The property is located in the City's Planning Area, known as Annexation Area
"Dn, as noted in Future Land Use Element Policy B-3.5 of the Comprehensive Plan. The City's advisory
PLUM designation far the property is GC {General Commercial}. The proposed PLUM amendment to
implement the advisory designation and annexation (pursuant to the referenced Agreement far Water
Service) with initial zoning of PC (Planned Commercial} were initiated by the City Commission on July 6,
2010, and are now before the Board far action.
F
UTURE LANI],USE MAP AMEN~MENT'ANALY.SI$
Current Land Use Designation: The current land use map designation for the Marketplace of Delray is
County CH-8 (Commercial High with an underlying Residential density of 8 units per acre). The current City
"advisory" designation is GC {General Commercial). The City's PLUM designation as initially contained on
the City's Future Land Use Map adopted by Ordinance 82-89 in November 1989, {and as formally amended
subsequently) are deemed to be advisory until an official Future Land Use Map Amendment is processed.
Planning and Zoning Board Meefing of July 19, 2010 Staff Report
The Marketplace-Annexation, FI.UM Amendment, and Rezoning
Requested Land Use Designation: The requested Future Land Use Map Designation is GC (General
Commercial),
CONSISTENCY WITH 7HE CITY'S COMPREHENSIVE PLAN:
Designated Annexation Area: The properties to be annexed are located within designated Annexation
Area "D" on the west side of Military Trail, north of Atlantic Avenue. Annexation of the territory is consistent
with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through
voluntary annexations as the opportunities arise.
Land Use Analysis:
Consistency Between the City and County Land Use Designations:
The proposed City Future Land Use Map Designation far the property is GC (General Commercial}. -the
existing County Future Land Use Map Designation for the property is CH-8 (Commercial High with an
underlying Residential of 8 units per acre}. The City's GC Future Land Use Map Designation is consistent
with the existing County CH-8 designation in that the city's description of the General Commercial
designation states,
"This designation is applied to land which is, or should be, developed for general commercial
purposes e.g. retail, office, services". 1t is further stated, "Residential uses may comprise up to
15% of the total floor area of the General Commercial Land Use designation. Residential uses
are permitted either in conjunction with a commercial use, or as a standalone use subject to
Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per
acre. Areas with the General Commercial designation, located within a workforce housing
overlay district, may also exceed 12 units per acre up to a maximum of 3D units per acre within
the Four Corners Overlay District and 18 units per acre within the infill workforce housing area,
by obtaining density bonuses through the provision of workforce housing units".
Similarly to the County's CH-8 designation, the City's GC designation allows for mixed-use development
with general commercia[ and residential uses.
Ad'acent Future Land Use Ma Desi nations Zonin Desi nations and Land Uses:
The following zoning designations and uses abut the subject properties:
FLUM Desi nafion Zonin District Use
MD {Medium Density RM (Medium Density Residential) Fountains at Delray Beach
North: Residential 5-12 du/ac) and and Apartments
TRN (Transitional) NC (Neighborhood Commercial) Fountain Center
Soufh: GC General Commercial PC Planned Commercial Pines West Plaza
Fast: ~ GC {General Commercial) PC (Planned Commercial} Delray Square Plaza
CH-8 {Commercial High with High Point of Delray West and
West: an underlying Residenkial GC (General Commercial) Carnival Flea Market
density of 8 units per acre)
2
Planning and Zoning Board Meeting of July 19, 2010 Staff Report
The Marketplace -Annexation, FLUM Amendment, and Rezoning
The proposed FLUM designation and rezoning of the subject properties will maintain consistency and
compatibility with the adjacent development patterns.
Allowable Land Uses:
Under the proposed General Commercial (GC} Land Use Map designation, commercial zoning districts
which accommodate shopping center developments are allowed. The proposed zoning of PC is consistent
with the proposed GC FLUM designation and compatible with the adjacent developments to the west, south
and east.
REQUIRED FINDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3:
Pursuant to LDR Section 3.1.1, 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 (FLUM), Concurrency, 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.
Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and
resulting structures must be allowed in the zoning district within which the land is situated, and said
zoning must be consistent with the land use designation as shown on the Future Land Use Map. The
proposed Planned Commercial (GC} zoning district is consistent with the proposed GC (General
Commercial} FLUM designation. Retail and other commercial activities established on large sites in a
well planned, functional, and aesthetically pleasing manner are allowed in the Planned Commercial
(PC) zoning district as a permitted use. Based on the above, positive findings can be made with respect
to FLUM consistency.
^ Concurrency: Development at the highest intensity possible under the requested designation
can meet the adopted Concurrency standards.
Provision of Services: When annexation of property occurs, services are to be provided in a manner
which is consistent with services provided to other similar properties already in the City (Future Land
Use Element Policy B-3.1). The proposal involves amending the FLUM designation from Palm Beach
County CH-8 {Commercial High with an underlying high Residential, 8 dulac) to City GC (General
Commercial} and rezoning from County GC {General Commercial) to City PC {Planned Commercial) for
an approximately 30.26 acres site for The Market Place of Delray, an existing shopping Center with
outparcels. Since the City's advisory FLUM designation of GC, as shown on the existing Future Land
Use Map, has been in place since 199x, this amendment is just an implementation of current
comprehensive plan policies and there is no change in development potential. However, a general
description of Concurrency findings with respect to Police, Solid Waste, Traffic and Water and Sewer
are discussed below:
Police: This property is currently serviced by the Palm Beach County Sheriffs Office, located at 345
South Congress, which serves the South County area. The property is within Sheriff Patrol zone 7.
3
Planning and Zoning Board Meeting of July 19, 2414 Staff Report
The Marketplace -Annexation, FLUM Amendment, and Rezoning
Zone 7 is bordered by Jog Road on the west, the Delray Beach City Limits on the east, and Atlantic
Avenue on the north and Clint Moore Road to the south. One officer is assigned to a particular zone
during a shift {three shifts per day). The City of Delray Beach's Police Department has 14 cars per shift
patrolling a 15 square mile area during the day and 15 cars during the night; and as a result, response
time will be significantly improved upon annexation. Annexation will not require additional manpower
since the police currently patrol in close proximity to these parcels.
Fire and Emerpency Services: The annexation of this property wi11 not require additional manpower.
The municipal area is served by Fire Station No. 4 (Barwick Road and Lake Ida Road). With
annexation, the property will receive an improved response time from the current 5.5 minutes of the
County's Fire Department {Fire Station #42 located on Hagen Ranch Road close to the Turnpike) to 2.5
minutes for the City's Fire Department {Fire Station #4 located at Barwick and Lake Ida Road).
Water.' Municipal water service is available via connection to a 12" water main located along Military
Trail and West Atlantic Avenue. Ten fire hydrants are spread out through the property including one fire
hydrant the east side of Military and another one the south side of West Atlantic Avenue. The City's
Utilities Department has indicated that treatment capacity is available at the City's Water Treatment
Plant at build-out.
Sewer: Sewer service is available via an 8" sewer main located along the perimeter of the site and a lift
station located on the north side of the Lake Worth District Drainage (LWDD} canal. The City's Utilities
Department has indicated that treatment capacity is available at the South Central County Waste Water
Treatment Plant for the City at build-out.
Streefs: The subject properties can be accessed via West Atlantic Avenue and from Military Trail.
West Atlantic Avenue and Military Trail are under the jurisdiction of Palm Beach County and the
jurisdictional responsibility and the associated maintenance of West Atlantic Avenue and Military Trail
will not change upon annexation. Based upon the above a positive finding with respect to traffic
concurrency can be made.
Solid Waste: The Marketplace of Delray shopping plaza has nine retaillcommercial establishments
including eight outside parcels and one large internal parcel. Therefore, the subject property will have a
relatively important impact on this level of service standard. The solid waste authority has indicated they
have sufficient capacity to service this area. The service provider will not change with annexation, as
described later in this report.
D Consistency: The requested designation is consistent with the goals, objectives and policies of
the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policy A-7.7: Amendments to the FLUM must be based upon the
t'indings 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
4
Planning and Zoning Board Meeting of July 19, 2010 Staff Report
The Marketplace -Annexation, FLUM Amendment, and Rezoning
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.
The proposal is associated with the annexation of an unincorporated property and requires changing
the FLUM designation from County to City. Since the City's advisory FLUM designation is being being
applied to the property in association with the annexation, the demonstrated need does not apply.
Future tarrd Use Eiemerrf Objective A-7: Property shall be developed or redeveloped, in a
marrrrer so that the future use, irrferrsify acrd density are appropriate in Perms of soil,
topographic, acrd other applicable physics! considerations; encourage affordable goods acrd
services; are complementary to and compatible with adjacent land uses; acrd fulfil! remaining
land use needs.
The subject property does not have any unique environments! characteristics that would require
mitigation measures. The current County FLUM designation is CH-8 (Commercial High with an
underlying High Residential, 8 unitslacre} and the proposed City designation is GC (General
Commercial). It is noted that the proposed PC (Planned Commercial) zoning designation would allow
commerciallretail developments as does the county zoning designation of CH-8 (Commercial High with
an underlying High Residential, 8 unitslacre}. It is also noted that the proposed GC {General
Commercial) FLUM designation is compatible with the existing developments to the south, Delray
Commons and Points West Shopping Plaza; to the east, Hess Gas Station, Walgreens, and Delray
Square Shopping Plaza; and to the west, Carnival Flea Market of Delray. It is also compatible existing
Fountains at Delray Beach Apartment complex and the small retail center to the north.
Compatibility -- The requested designation will be compatible with the existing and future land
uses of the surrounding area.
As noted above, compatibility has been identified under Future Land Use Element Objective A-1.
Compliance -- Development under the requested designation will comply with the provisions
and requirements of the Land Development Regulations.
The current development far The Marketplace of Delray was processed both through the County and
the City for consistency with the LDRs as part of the water service agreement process. Any future
development of the subject property will be submitted to the site plan review process and will be
reviewed for compliance with the LDRs. At this time, no issues have been identified which would
prohibit compliance with the requirements of the proposed PC (Planned Commercial) zoning district for
the Marketplace of Delray development.
;.
,,
AIVNE'XATIQN. ANALYSIS' ~~ ~ ~ ~ ~ , ,
Florida Statues Goyernincl Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an unincorporated area
of the County, which is contiguous to a municipality and reasonably compact may petition the governing
body of said municipality that said property be annexed to the municipality". Pursuant to F. S. 171.044 {5)
"land shall not be annexed through voluntary annexation when such annexation results in the creation of
enclaves".
5
Planning and Zoning Board Meeting of July 19, 2010 Staff Report
The Marketplace --Annexation, FLUM Amendment, and Rezoning
As noted throughout the report, the Marketplace Development is a voluntary annexation which is consented
to through an executed water service agreement. Chapter 171.046, Florida Statutes (2004), provides for
annexation of certain enclaves by entering into an Interlocal Agreement between the Municipality and the
County having jurisdiction over such enclave; and limits annexation by Interlocal Agreement to enclaves of
ten (10) acres or less in size.
Financial Impacts:
Effect upon Annexed Property: the following table depicts the current assessed value and total (County)
taxes for the subject property:
'THE MARKETPLACE OF DELRAY ? I
PCN
TAXABLE
VALUE 2409
PBC ADVAL.
TAXES PBC NON-
ADVAL.
- TAXES TOTAL
pBC
TAXES PBC
COUNT
Y MILL. ADVAL.
CITY OF
bELRAY
'TAXES A VAL.
CITY OF
DELRAY
TAXES CITY OF
DELRAY
BEACH
MILEAGE TOTAL CITY
OF DELRAY
TAXES
DIFFERENCE
] ( € ~i
424614000005010 17,OD0,000,0 323,811.00 97,355.00 421,166.Op ~q,0477 386,909.78 18,701 22.7594 405,610.42 -15,555.58
424614000005500 8277,112.0 24,326.00 4,256.OD 28,582.00 19.0477 29,066.3D 18,701 22.7594 47,766.94 19,184.94
424614000005510 1,143,658.0 21,213.00 911.00 22,124.00 1,g,pg77 25,346.13 18,701 22.7594 44,04fi.83 21,922.$3
424614000005520 1,622,447.0 28,999.DO 910.00 29,909.00 13.0477 34,649.98 18,70'1 22.7594 53,350.62 23,441.62
424614000005530 1,064,524.0 20,277.00 5,846.OD 26,123.00 19,0477 24,227.93 18,701 22.7594 42,928.57 16,805.57
424614000005540 1,217,770.0 23,996.00 873.OD 24,069.D0 19.0477 27,715.71 18,701 22.7594 46,415.35 22,347.35
424614000005550 1,427,665.0 21,a79A0 262.00 21,741.00 19.0477 25,664.98 18,701 22.7594 44,365.62 22,624.62
424614000005560 7'9,298.0 13,699.00 4,210.OD 17,909.OD 19.0477 16,368.97 18,701 22.7594 35,069.61 17,16D.61
424614000005570 845,654.0 16,108.00 4,689.00 20,797A0 19.oA77 19,246.58 18,701 22.7594 37,947.22 17,150.22
SUB-TOTAL 25,888,048.9 $493,108.04 $119,312.00 $512,42p,00 19.0477 $569,196.41 ` 168,306 22.7594 E757,502.is $145,082.16
For the 2009 tax year, the subject property had an assessed value of $25,888,048.00. With the change
from County to City jurisdiction, the following taxes and rates~will be affected:
THE MARKETPLACE OF DELRAY
ADVALOREM'
!TAXES COUNTY
TAXES COUNTY `
MILEAGE WITH
ANNEXATIt?N CITY''
TAXES CITY
MILEAGE
Fire/Rescue MSTI_f 89,523.46 3.45810005 DELETE 0.00 0.000000
Palm Beach Coun Lib. 12,866.36 0.49700001 DELETE 0.00 0.000000
Palm Beach Co.Lib.bebt 1,418.67 0.05480019 DELETE 0.00 O.D00000
Florida Inland Nave ation 893.13 0.03449970 893.13 O.D34500
Health Care District 29,644.41 1.14510024 29,644.41 1.145100
Palm Beach Count 112,457.67 4.34399959 112,457.67 4.344000
Palm Beach County Debt 5,628.06 0.21739994 5,628.06 0.217400
Children Service Council 17,857.57 D.68979979 17,857.57 0.689800
Public Schools Loc.Board 64,668.35 2.4980oD00 64,668.35 2.49800000
Public Schools Stake Law 141,995.93 5.48500000 141,995.93 5.48500000
SFWMD District 13,839.74 0.53459960 13,839.74 0.534600
SFWMD Everglades Const. 2,314.39 0.08939994 2,314.39 0.089400
City of Delra Beach Added Cit 186,135.07 7.190000
City of Delra Beach Debk Added {City) 13,762.09 0.531600
SUB-TOTAL, $493,108 19.0477 Difference" $6$9,196 22.7594
3.7117
6
Planning and Zoning Board Meeting of July 19, 2010 Staff Report
The Marketplace -Annexation, FLUM Amendment, and Rezoning
~` Total tax millage in the county is 19.0477 mills. If annexed into the City, the total millage would be
22.7594 mills, a difference of 3.7117 mills.
The current yearly ad valorem and non ad valorem taxes are $612,420, With annexation, the yearly ad
valorem taxes will increase to $757,502.16 (612,420+145,082.16=757,502.16); a tax difference of
$145,082.16. In addition to property taxes, the following Non Ad Valorem fiscal responsibility will apply:
Delray Beach Storm Water Utility -This assessment is based upon the percentage of impervious area
of the structures, buildings, parking areas, etc. If the property is developed as a multiple family complex or
is subdivided for residential purposes, an assessment of $54.00 per unit would be applied. A 25%
discount from the assessment is available since the property is within the Lake Worth Drainage District.
An additional 25% may be available if drainage is retained on site.
Solid Waste Authority -This annexation area is serviced under a contract with Waste Management. The
City's solid waste removal contract is also through Waste Management. Pursuant to Florida Statute
171.062 (4)(a) " if a party has an exclusive franchise which is in effect for at least six months prior to the
initiation of an annexation, the franchise may continue to provide such services to the annexed area for
five years or the remainder of the franchise term whichever is shorter". Thus, the waste service provider
will not change with annexation. The Marketplace of Delray property is currently providing a solid waste
disposal fee to the County. After annexation, an assessment fee of approximately $4,477 per year for this
service will be paid to the City.
SUMMARY aF I11~PACTS:ON°THE PRDR~FfTY~ ~'
FINANCIAL CONSI.C}ERATIONS
AD VALOREM TAXES 2010 + $145,082.16
City Mills. PS County Mills
22.75940 - 19.04770 = 3.7117
NON AD VALOREM TAXES 2010
Stormwater Assessment $14,223.02
Solid Waste Collection $4,477.62
WATER & SEWER UTILITY FEES $0.00
ANNUAL FINANCIAL IMPACT: + $'163,782.80
SERVICE CONSIDERATIONS
Fire Response + Faster response from an estimated 5.5
minutes Count to 2.5 minutes Cit .
Emergency Medical + Faster response from an estimated 5.5
Services EMS minutes Count to 2.5 minutes Cit .
Police + Better response based upon more officers
in field; 14 patroll cars per shifk daytime,
15 atroll cars Burin the ni ht.
Code Enforcement + Pro-active vs reactive opportunity to work
wikh roe owners.
Fiscal Impacts: As shown on the above table, annexation into the City, would generate an additional
$145,082.16 in ad valorem taxes per year from this property. With future redevelopment, additional
revenues will be realized through increased assessment value, building permit fees, the annual collection
of the storm water assessment fee, as well as utility taxes (9.5% electric, 7% telephone) and franchise
fees on electric, telephone, and cable. As shown on the Table below, the total fiscal impact to the City is
approximately $214, ~ 20.17.
7
Planning and Zoning Board Meeting of July 19, 2010 Staff Report
The Marketplace -Annexation, FLUM Amendmenk, and Rezoning
FISCAI, IMPACT TO THE CITY-
AD VALOREM TAXES 2010
City of Delray Beach 7.1900 Mills
Cit of Delra Beach Debt 0.5316 Mills $186,135.07
$13,762.09
SUB-TOTAL $199,897.15
NON-AD VALOREM TAXES
Sform Water Assessment
$14,223.02
SUB-TOTAL $214,120.17
PARK AND RECREATION IMPACT FEE
$5fl0 er unik
$0.00
TOTAL $214,120.17
,-
ZONING AN~L,YSIS
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with
the development criteria of the LDRs were preciously 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 for each property.
The proposed City zoning designation is PC (Planned Commercial) while the current County zoning
designation is CG (General Commercial). The surrounding zoning designations are: PC (Planned
Commercial) to the east and south; RM (Medium Density Residential) and NC (Neighborhood Commercial)
to the north; and County GC (General Commercial) to the west.
Section 3.2.2 (Standards for Rezoning Actionsl: standard "A", "B", "C", and "E" are not applicable
with respect to this rezoning request. The applicable performance standards 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 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.
Compatibility is not a concern, as the property currently contains a shopping center, which has existed at
this location since 1980. The initial PC (Planned Commercial) zoning designation will accommodate the
existing shopping center as a permitted use. There is no development proposal associated with this
request. Compatibility of any future development proposals with the adjacent developments will be
appropriately addressed with review of such future developments.
Section 2.4.5 (D) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (5), 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:
(a) That the zoning had preciously been changed, or was originally established, in error;
8
Planning and Zoning Board Meeting of July 19, 2010 Staff Report
The Marketplace-Annexation, FLUM Amendment, and Rezoning
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future Land Use
Map and that it is more appropriate for the property based upon circumstances particular
to the site andfor neighborhood.
The property is developed and the existing development is allowed under the proposed PC zoning district.
As stated above, the project is located within the "Four Corners Overlay District". With review of the
annexation request, a site visit was conducted and did reveal some code violations, which primarily relate to
landscape and perimeter buffer deficiencies. Any future development or redevelopment will be required to
comply with the Land Development Regulations.
In addition to the above, buildings within the "Four Corners Overlay District" require a minimum floor area of
4,000 sq. ft. per building. Based upon the site plan approved through the County, three (3) outparcel
buildings have been constructed with floor areas less than 4,000 sq. ft. The existing structures are
considered nonconforming and can continue. However, should a site plan modification be requested, the
building square footages cannot be decreased.
Finally, it is noted that a "gasoline station" is not an allowed use within the Four Corners Overlay District.
The existing gasoline station will be classified as an existing non-conforming use and thus subject to the
regulations pertaining to non-conforming uses contain in Article 1.3 of the Land Development Regulations.
Items "b" and "c" are the basis for which the rezoning should be granted. The properties are in the
unincorporated area of Palm Beach County. However, they are also within the City of Delray Beach future
annexation area. "fhe annexation requires that an appropriate City zoning designation be applied to the
property. The PC zoning designation is of similar intensity as that allowed under the proposed City GC and
existing County CH-8 land use designations. Based upon the above, positive findings can be made with
respect to LDR Section 2.4.5{D) (5).
REVIEW`!BY QTHERS
The subject properties are not in an area that requires review by the Community Redevelopment Agency
{CRA) or Downtown Development Authority {DDA).
Palm Beach County Notice:
On June 10, 2010, Palm Beach County Administrator and Palm Beach County Planning Division were
notified of the City's intent to annex this property. The County has responded that it has no objections to the
proposed annexation.
IPARC Notice:
Notice of the Future Land Use Amendment has'also been provided to the Interlocal Plan Amendment
Review Committee (IPARC) which distributes the information to adjacent municipalities.
Lake Worth Drainage District:
On July 9, 2010, Lake Worth Drainage District was notified of the City's intent to annex this property. Lake
Worth Drainage District has submitted a letter stating that they do not have any objections to the proposed
annexation.
9
Planning and Zoning Board Meeting of July 19, 2010 Staff Report
The Marketplace - Annexakion, FtUM Amendment, and Rezoning
Courtesy Nofices:
Special courtesy notices were provided to the following homeowners and civic associations:
Neighborhood Advisory Council High Point of Delray West
PROD (Progressive Residents of Delray) Sunset Pines
Coconut Key HOA Highland Trailer Co.
Pud lic Nofice:
Formal public notice has been provided to the affected property owners as well as property owners within a
500' radius of the subject property. Additional letters of support or objection, if any, will be presented at the
Planning and Zoning Board meeting.
,;
~~ ASSESSMENT ANb ~CONCLUSION~
Accommodating the annexation of this property is consistent with the City's program for annexation of
territory within its planning and service area.
Far the Marketplace of Delray property, the City's advisory GC (General Commercial)) Land Use Map
Designation is consistent with the County's CH-8 (Commercial High with an underlying High Residential, 8
units per acre} designation in that it is compatible with the existing land use designations and the adjacent
development pattern of the adjacent development. This Future Land Use Map designation is being
proposed concurrently with a request for initial zoning of PC {Planned Commercial) District which is also
compatible with the surrounding development pattern.
The annexation will provide better Police, Fire, EMS and Code Enforcement services than under County
jurisdiction. The properties will experience an increase in ad valorem taxes. The City will receive additional
revenue from property taxes, in addition to storm water assessment fees utility taxes, franchise fees, and
licensing fees upon development. Based upon the above, the proposed Annexation, Future Land Use Map
Amendment and associated Rezoning application should be approved.
ALTERNATIVE'ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for a City initiated Voluntary Annexation,
Future Land Use Map {PLUM) Amendment from Palm Beach County CH-8 {Commercial High with an
underlying High Density Residential, 8 dulac) to City GC (General Commercial) and rezoning from
County GC {General Commercial} to City GC {General Commercial) far a 30.26 acres site for the
Marketplace of Delray, an existing shopping Center, located at the northwest corner of West Atlantic
Avenue and Military Trail, by adopting the findings of fact and law contained in the staff report, and
finding that the requests and approval thereof is consistent with the Comprehensive Plan and meets the
criteria set forth in Sections 2.4,5(D) {5}, 3.1.1 and 3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for a City initiated Voluntary Annexation,
Future Land Use Map (PLUM) Amendment from Palm Beach County CH-8 (Commercial High with an
underlying High Density Residential, 8 dulac) to City GC {General Commercial} and rezoning from
County GC (General Commercial) to City GC (General Commercial) far a 30.26 acres site for the
Marketplace of Delray, an existing shopping Center located at the northwest corner of West Atlantic
Avenue and Military Trail, by adopting the findings of fact and law contained in the staff report, and
10
Planning and Zoning Board Meeting of July 19, 2010 Staff Report
The Marketplace -Annexation, FLUM Amendment, and Rezoning
finding that the requests is inconsistent with the Comprehensive Plan, and does not meet the criteria set
forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the hand Development Regulations.
~~ ~ ~ R'~COMMENDED_ACTIDN~ _
D. Moue a recommendation of approval to the City Commission for a City initiated Voluntary Annexation,
Future hand Use Map {F~UM) Amendment from Palm Beach County CH-8 (Commercial High with an
underlying High Density Residential, 8 dulac) to City GC (General Commercial) and rezoning from
County GC (General Commercial) to City GC (General Commercial) fora 30.26 acres site for the
Marketplace of Delray, an existing shopping Center located at the northwest corner of West Atlantic
Avenue and Military Trail, by adopting the findings of fact and law contained in the staff report, and
finding that the requests and approval thereof is consistent with the Comprehensive Plan and meets the
criteria set forth in Sections 2.4.5(D) (5), 3.1,1 and 3.2,2 of the hand Development Regulations.
5kaff Report Prepared by: Jasmin Allen and Esfelio Breto
Attachments: Location Map, Future Land Use Map and Zoning Map
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DEPARTMENT LOCATION MAP
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Ronald Hoggard, AICP, Principal Planner
THROUGH: City Manager
DATE: November 22, 2010
SUBJECT: AGENDA ITEM SP.3 -SPECIAL MEETING OF NOVEMBER 30, 2010
ORDINANCE N0.20-10
ITEM BEFORE COMMISSION
The item before the City Commission is aprivately-initiated rezoning from RM (Medium Density
Residential) to GC (General Commercial) for twelve (12) individual and contiguous properties known
as "Lintco Development", located at the northwest corner of Linton Boulevard and NW 4th Avenue.
BACKGROUND
The Lintco Development property consists of 12 parcels totaling 7.08 acres. All of the parcels are
undeveloped. The parcels were annexed to the City of Delray Beach on October 11, 1988 via City
Ordinance Number 115-88. On December 6, 2005, the City Commission approved Ordinance Number
56-05, which changed the Future Land Use Map (FLUM) designation from RDA-3 (Redevelopment
Area-3) to MD (Multiple Family Residential) for the parcels. Also on December 6, 2005, the City
Commission approved Ordinance Number 60-OS which changed the zoning from R-1-A (Single Family
Residential) to RM (Multiple Family Residential).
Along with the rezoning, the City is also processing a concurrent FLUM (Future Land Use Map)
amendment from MD (Residential Medium Density 5-12 du/ac) 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 decreased commercial intensity on the property.
While a maximum Floor Area Ratio of 3.0 is currently permitted for nonresidential uses in the General
Commercial designation, within the overlay district, the maximum intensity for nonresidential uses will
be limited to an FAR of 0.36. The FLUM and text amendments, which are part of Comprehensive Plan
Amendment 2010-1, will be considered at second reading by the City Commission on December 14,
2010.
A full analysis of the proposed rezoning is provided in the attached Planning and Zoning Board staff
report.
REVIEW BY OTHERS
The Planning and Zoning Board held its public hearing regarding the rezoning and FLUM amendment
on July 19, 2010. The Board considered the request and unanimously (6-0) recommended approval of
the rezoning and FLUM amendment.
Courtesy Notice:
Special courtesy notices were provided to the following homeowners and civic associations:
• Neighborhood Advisory Council
. Progressive Residents Of Delray (PROD)
. Linton Ridge
• Southridge
. Southridge Village
. The Vinings
Public Notice:
Formal public notice has been provided to the property owner and to property owners within a 500'
radius of the subject property. We have received no letters of objection or support.
RECOMMENDATION
By motion, approve on first reading, Ordinance No. 20-10, rezoning the Lintco Development property,
by adopting the findings of fact and law contained in the staff report, and finding that the request is
consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1,
and 3.2.2 of the Land Development Regulations.
ORDINANCE NO. 20-10
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID
LAND BEING A PARCEL LOCATED AT THE NORTHWEST
CORNER OF LINTON BOULEVARD AND SW 4T" AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, OCTOBER 2009";
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 October 2009, as being zoned RM (Medium
Density Residential) District; and
WHEREAS, at its meeting of July 19, 2010, 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 163.3174(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 to reflect a zoning classification of GC (General
Commercial) District for the following described property:
A portion of Lot 8, Model Land Company's Subdivision of Section 20, Township 46
South, Range 43 East, according to the Plat thereof as recoded in Plat Book 1 at Page 4
of the Public Records of Palm Beach County, Florida, being more particularly described as
follows:
Commence at the Southwest corner of Lot 8, Model Land Company's Subdivision
of Section 20, Township 46 South, Range 43 East, according to the Plat thereof as
recorded in Plat Book 1 at Page 4 of the Public Records of Palm Beach County, Florida,
said point being coincident with the South one-quarter Section corner of said Section 20;
thence N 89° 38' 18"E along the South line of said Lot 8, said line being coincident with
the centerline of Linton Boulevard (106' right-of-way) for a distance of 663.31 feet to the
West line of the East one-half (E '/2) of Lot 8; thence N 00° 00' 31 "W for 53.00 feet to a
point on the North right-of-way line of said Linton Boulevard, said point also being the
Point of Beginning; thence continue N 00° 00' 31 "W along the West line of the East one-
half (E '/2) of said Lot 8 for a distance of 475.48 feet; thence N 89° 38' 18"E along a line
parallel with and 528.47 feet North of as measured at right angles to the south line of said
Lot 8 for a distance of 638.42 feet; thence S 00° 00' 13"W along a line parallel with and
25.00 feet West of the East line of said Lot 8 for a distance of 318.48 feet (said last
described line being coincident with the West right-of-way line of SW 4t" Avenue); thence
S 89° 38' 18"W along a line parallel with and 210.00 feet North of as measured at right
angles to the South line of said Lot 8 for a distance of 145.13 feet; thence S 00° 00' 31 "W
along a line parallel with and 1,156.50 feet East of as measured at right angles to the
West line of said Lot 8 for a distance of 157.00 feet to a point on the said North right-of-
way line of Linton Boulevard; thence S 89° 38' 18"W along a line parallel with and 53.00
feet North of as measured at right angles to the said South line of Lot 8 for a distance of
189.52 feet; thence S 00° 00' 31 "E for 23.00 feet; thence S 89° 38' 18"W along a line
parallel with and 30.00 feet North of as measured at right angles to the said South line of
Lot 8 for a distance of 209.25 feet; thence N 00° 00' 31 "W for 23.00 feet; thence S 89° 38'
18"W along a line parallel with and 53.00 feet North of as measured at right angles to the
said South line of Lot 8 for a distance of 94.45 feet to the Point of Beginning.
Along With
The Southwest Quarter of Lot 8, Subdivision of Section 20, Township 46 South,
Range 43 East, according to the Plat thereof, recorded in Plat Book 1, Page 4, of the
Public Records of Palm Beach County, Florida, less thereof the West 499 feet and also
less the East 139 feet of the West 638 feet of the South 207 feet. Also less the right-of-
way of Southwest 12t" Street (now Linton Boulevard). Said lands situate within the City of
Delray Beach, Palm Beach County, Florida.
2 ORD NO. 20-10
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder hereof as a whole
or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon the
effective date of Ordinance No. 17-10, under which official land use designation of GC
(General Commercial) is affixed to the subject parcel hereinabove described.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of , 2010.
ATTEST
City Clerk
First Read
Second Reading
3
MAYOR
ORD NO. 20-10
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DA"~E: July 19, 2010 '~ ~~ ~ `
AGENDA ITEM: Future Land Use Map amendment (small-scale) from MD {Medium Density
Residential) to GC (General Commercial} and rezoning from RM (Multiple Family
Residential) to GC (General Commercial} for twelve (12) parcels located at 551
Linton Boulevard.
GENERAL DATA:
OwnerlApplicant .......................... Lintco, Inc.
Agent ......................................... GE Architecture, Inc.
Location ...................................... On the north side of Linton Boulevard
between SW 4~" Ave. and Fire Station
No. 3
Property Size .............................. 7.08 acres
Existing FLUM ...........................
Proposed FLUM . ........................
Adjacent FLUM ... ..............Norkh:
East:
South:
West:
Current Zoning ... .........................
Proposed Zoning ........................
Adjacent Zoning . ...............North:
East:
MD {Medium Density Residential}
GC (General Commercial}
MD {Medium Density Residential)
CMR {Commerce} and TRN
{Transitional)
GC (General Commercial)
MD {Medium Density Residential) & CF
{Community Facilities)
RM {Multip[e Family Residential)
GC (General Commercial)
RM {Multiple Family Residential)
MIC (Mixed Industrial & Commercial}
and POD (Professional Office District)
South: PC (Planned CommerciaE}
West: R-1-A {Single Family Residential} and
CF (Community Facilities)
Existing Land Use ...................... Vacant
Proposed Land Use .................. Commercial
Water ................................... Water service must be extended from
existing 16" valve along SW 4~" Ave.
Sewer ............... .................... Sewer service must be extended from
existing 6" main along SW 4t" Ave.
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ITEMS BEFOR`~ THE BOARD
The item before the Board is that of making a recommendation to the City Commission on a
proposed Future Land Use Map Amendment from MD (Residential Medium Density 5-12 dulac) to
GC (General Commercial) and a proposed zoning change from RM (Medium Density Residential)
to GC (General Commercial) for twelve (12) individual and contiguous properties.
All twelve (12) of the subject properties are vacant and visible from Linton Boulevard, which is a major
thoroughfare serving the City of Delray Beach. Although there is a condominium development north
of these properties, it is bordered on the east and south by commercial uses. To the west, there is a
single family residence and a fire station. The proposed changes seek to apply future land use and
zoning designations which are more consistent with the prevailing commercial development along
Linton Boulevard.
6ACKGROUMD ANAL'lfSlS
The subject properties are located in a Subdivision of Section 20, Township 46 and Range 43,
according to the public records of Palm Beach County, as recorded in Plat Book 1, Pages 4 and 5 on
March 25, 1910. The twelve parcels total approximately 7.08 acres in size and are currently
undeveloped.
The parcels were annexed to the City of Delray Beach on October 11, 1988 via City Ordinance
Number 115-88. On December 6, 2005, the City Commission approved Ordinance Number 56-05,
which changed the Future Land Use Map (PLUM) designation from RDA-3 (Redevelopment Area-3)
to MD (Multiple Family Residential) for the parcels. Also on December 6, 2005, the City Commission
approved Ordinance Number 60-05 which changed the zoning from R-1-A (Single Family
Residential) to RM (Multiple Family Residential).
The Future Land Use Map (PLUM) amendment is being processed as a part of Comprehensive plan
Amendment 2010-1. Plan Amendment, including text and map changes, was initiated by the
Planning and Zoning Board on June 21, 2010 and by the City Commission an July 6, 2010. Action on
this amendment by the Planning and Zoning Board is scheduled for July 19, 2010. The City
Commission transmittal hearing is scheduled far Tuesday, August 3, 2010. Adoption of
Comprehensive Plan amendment 2010-1 is scheduled for October 5, 2010, or for December 7, 2010
if an ORC (Objection, Response and Comments) Report is issued by the State.
On June 4, 2010, Lintco, LLC requested a land use map amendment to change the Future Land Use
Map designation from MD to GC and to change the zoning from RM to GC for the subject twelve
parcels, which is now before the Board far consideration.
1=UTURE-LAND U`SE MAP AMENDMENT ANALYYSIS
Current Land Use Designation: The current Future Land Use Map designation for the property is
MD (Residential Medium Density 5-12 dulac).
Requested Land Use Designation: The requested Future Land Use Designation is to GC (General
Commercial).
The Future Land Use Map amendment is being processed concurrently with an associated
Comprehensive Plan text amendment to modify the description of the General Commercial
designation to limit nonresidential development an the property to a maximum FAR of 0.36. A
maximum Floor Area Ratio of 3.0 is currently permitted for nonresidential uses in the General
Commercial designation.
Planning & Zoning Board Staff Report -July 19, 2010
Lintoo at 551 Linton Boulevard -Rezoning and FLUM Amendment to the Comprehensive Plan
Page 2
REQUIRED FINDINGS
LAND DEVELOPMENT REGULATIONS CHAPTER 3 -PERFORMANCE STANDARDS:
Pursuant to LDR Section 3.1.1, 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 (FLUM),
Concurrency, 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 Future Land Use Map Amendment request is to change the existing MD {Residential Medium
Density 5-12 dulac} designation to GC (General Commercial). The General Commercial FLUM
designation, as defined in the Comprehensive Plan, is applied to land which is, or should be,
developed for general commercial purposes (i.e, retail, office, services). A maximum Floor Area
Ratio of 3.0 is permitted for nonresidential uses. A maximum Floor Area Ratio of 0.36, which is
being proposed for the subject property, will be accomplished through a Comprehensive Plan text
amendment modifying the description of the General Commercial designation. As noted above,
this text amendment is being processed concurrently with the FLUM and Rezoning change
requests.
The proposed change is to accommodate General Commercial uses for future development of
the vacant land. The proposed GC {General Commercial} zoning, in combination with the
proposed GC (General Commercial) FLUM designation may allow far the best and highest use of
the property. Development under the proposed zoning and land use designation would be mare in
line with existing developments along Linton Boulevard.
The existing RM (Multiple Family Residential} zoning accompanied with the existing MD (Medium
Density Residential) FLUM designation does not allow commercial uses. The GC {General
Commercial} zoning allows mare flexibility in the development of the property. A commercial or
mixed-use development would be mare appropriate on a highly commercialized corridor like
Linton Boulevard.
^ Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted Concurrency standards.
Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the
Comprehensive Plan must be met and a determination made that the public facility needs
{including public schools), of the requested land use andlor development application, will not
exceed the ability of the City and The School District of Palm Beach County to fund and provide,
or to require the provision of needed capital improvements to maintain the Levels of Service
Standards established in Table CI-GOP-1 of the adapted Comprehensive Plan of the City of
Delray Beach.
The 7.08 acres within the proposed Lintco Development site has a current Future Land Use
designation of MD (Residential Medium Density 5-12 dulacre}. The Future Land Use Map
amendment is being processed to change the FLUM designation to GC {General Commercial} and
a Comprehensive Plan Text Amendment is being processed concurrently to allow mixed-use
development on the property at a nonresidential intensity lower than that currently allowed within
Planning 8~ Zoning Board Staff Report - JUIy 19, 2010
Lintco at 661 Linton Boulevard -Rezoning and FLUM Amendment to the Comprehensive Plan
Page 3
the GC designation. The maximum intensity for nonresidential uses within the proposed overlay
district will be set at an FAR of 0.36.
The cancurrency analysis assumes development of the entire property within the proposed overlay
district at the maximum intensity allowed under the amended description far the General
Commercial designation. As shown on the following table, development under this provision would
result in the addition of nonresidential development potential where none now exists. The
maximum development potential with the proposed amendment would be a mixed-use project with
residential development at 12 units per acre and retail development at a maximum FAR of 0.3fi. A
comparative analysis of the maximum development potential of the property has been provided
below.
Table 1: Maximum Development Potential
Lintco Development Overlay District
EXISTING PROPOSED _
FLUM Maximum Development Potential FLUM INaximum Mixed Use
(acres} acres t7e~elopment Potential
Mixed-Use
85 Multi-Family Residential Units
MD 86 Multi-Family Residential Units GC (12 units per acre)
(7,08 acres) (12 units per acre) {7.08 acres) &
111,026 SF Retail (FAR 0.36}
Traffic:
An analysis of the traffic impacts associated with the maximum development potential of a mixed-
use development on the property was conducted by Kimley-Horn and Associates, Inc. The entire
Kimley-Horn Traffic Impact Analysis is attached as Support Document #8 within the
Comprehensive Plan Amendment Report. As shown an the following table from the analysis, the
new maximum land use mix will represent a net increase in potential traffic volumes. Analyses
were conducted far each of the three planning horizons-existing (2009), short-term (2015} and
long-term (2035). In the Conclusion Section on page 17 of the Report, the consultant indicates
that "based on the analyses within this study, the future land use map amendment is expected to
continue to allow the significantly impacted roadways to operate acceptably upon build-ouf of the
development site."
Table 2: Trip Generation Comparison -Maximum Intensity
Lintco Development Overlay District
LAND U5E INTENSITY DAILY AM PEAK FiOUR PM PEAK HOUR
TRIPS TOTAL IN DUT TOTRL 1N OUT
Existine Future tared Use
Multi-FamilyResidenti al (12 DU/Acre)
BS DU
595
45
9
36
53
34
19
Exlstirtg FLU External Trips 595 45 9 36 53 34 19
Prnnased Future Land Slsg
GeneralCommerdal(D.36FARJ li1,D26 5F 7,217 111 68 43 754 362 392
Multi-FamilyResidenti al [12 DU/Acre) 85 DU 595 4S 9 36 53 34 13
Subtata! 7,812 i5b 77 79 807 396 411
Internal Ca to ure
General Commerdal {0.36 FAR]
0.8396
6D
5
4
1
5
2
3
Multi-FamilyResidenti al (12 DU/Acre} 1096 6D 5 1 4 5 3 2
Subtotal 120 10 5 5 10 5 5
Proposed FLU I)rivewayTrips 7,692 146 72 74 797 391 406
Pass-Sv Twaffic
General Commercial (0.36 FAR} 39.8196 2,849 42 25 17 298 143 155
Proposed FLU New External Trips 4,843 104 47 57 499 248 251
Net New External Trips (Proposed-Existing) 4,24$ 59 38 21 446 214 232
Planning & Zoning Board Staff Repork -July 19, 2010
Lintco at 551 Linton Boulevard -Rezoning and FLUM Amendment to the Comprehensive Plan
Page 4
Mote: Trip generation was calculated usl ng the following dab:
Rally Tra trlc Generation
= r=~[x}
= Ln[T]=0.94*Ln[x]+S.B7
= T=Ba9[x}+3.~3;1zo%In,ao46out}
= T=1.00{x}; [61%In,3946°ut]
= T-o.6z{x};16s96in,ss96o°tl
= Ln[T}=O.fi7*Ln[XI+3.47;{48%in,s3%out}
= 46=94.49-ll,fil*ln[X]
Apa rtmentr [PBCJ
General Commercial [PBCJ
AM Peak Hour Traffic Generation
Apartmena [PaC]
General Commercla{ [PBC[
PM Pwk Hour Traffic Generation
Apartments [PaC[
General Commerclal [PBCr
Pass-by
General Commerclal - [PBC]
Water 8 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 withdraw rate to 6.937
billion gallons which equates to an average of 19 mgd.
Water demand projections for the City's Water Service Area were calculated based on the City's population
projections multiplied by the projected per capita demands. Potable water demand projections, credits for
the use of reclaimed water and the total excessldeficit for the years 2010 through 2030 are given in the
following table. The City's Utilities Department has indicated that adequate capacity exists to service the
subject property at its maximum development potential with the FLUM Amendment and associated text
amendment, which limits the maximum nonresidential FAR to 0.36.
Potable Water Demand Pro'ections
Year 2010 2015 '2020 2025 2030
Service Area Po ulation 69,335 74,504 $1,114 82,233 82,556
Per Ca ita Use d 240 240 240 240 240
Av .Dail Demand MG 16.64 17.8$ 19.47 19.74 19.81
Permit Base Condition MGD 19.DD 19.00 19.00 19.00 19.00
Excess) Deficit MGD 2.36 1,12 0.47 0.74 D.81
Alternative sources
Reclaimed Water
Credits far Ground Water bemand
Removal
1.08
1.895 1.895
1.895
1.895
Potable demand removal 0.39 0.84 0.64 0.84 0.64
Total ExcesslDeficit 3.83 3.85 2.27 2.00 1.92
Notes:
1. Population projections based on Palm Beach County 2007 Population Allocation Model using March
2008 BEBR Population Projections.
2. Per capita use assumes a 10% 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 installing additional transmission lines to serve other large users.
Through the use of reclaimed water, the City's 20-Year Water Supply Facilities Work Plan
Planning & Zoning Board Staff Report -July 19, 2010
Lintco at 551 Linton Boulevard -Rezoning and FLUM Amendment to the Comprehensive Plan
Page 5
indicates 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
{2029). Ultimate disposal is currently by ocean discharge of secondary effluent and land spreading
of sludge. In late 2008, deep well injection replaced 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 is longer being used. 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 current plant has
adequate capacity to service the City's projected population beyond the year 2025. The City's
Utilities Department has indicated #hat adequate wastewater treatment capacity exists to service
the subject property at its maximum development potential with the FLUM amendment and
associated text amendment, which limits the maximum nonresidential FAR to 0.3fi.
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 LO5 standards for drainage is the SFWMD standard of re#ention 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 & 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.
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 residential unit. Since there is
no net increase in the residential development potential on this site with the proposed FLUM
Amendment and associated text amendment which limits the maximum nonresidential FAR to
0.36, this level of service standard is not affected-
Planning & Zoning Board Staff Report -July 19, 2010
Lintco at 551 Linton Boulevard -Rezoning and FLUM Amendment to fhe Comprehensive plan
Page 6
Education (School Concurrent
Since there is no net increase in the residential development potential on this site with the
proposed FLUM Amendment and associated text amendment which limits the maximum
nonresidential FAR to 0.36, this level of service standard is not affected.
Solid Waste:
As shown on the following table, with the proposed amendment, the development of the property
would result in a net increase of 566 tons per year in solid waste generation. In its annual capacity
letter, dated January 6, 2010, the Solid Waste Authority indicates that it has sufficient capacity for
concurrency management and comprehensive planning purposes. As stated in the letter,
"Capacity is available for both the coming year, and the five and ten year planning periods
specified in 9J-5-005(4}," Based on population projections, waste generation rate projections,
waste reduction, and recycling, the Solid Waste Authority forecasts that capacity will be available
at the existing landfill through approximately the year 2030. 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 2043 or later.
Table 3: Solid Waste Generation
Lintco bevelopment Overlay bistrict
Existing Maximum Developrnent Potential Proposed Mixed-Use Maximum Development
Potential
85 MF Units @.52 tonslyear -44.2 tonslyr 111,026 SF Retail @10.2 Ibslsf = 566 tonslyear
85 MF Units @.52 tons/year =44.2 tonslyr
Based on the above analysis, positive findings can be made at this time with regard to
concurrency for all services and facilities.
^ Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Po11cy A-7.7: Amendments fo fhe FLUM musf be based upon fhe
findings listed below, and musf 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.
The requested GC FLUM designation will allow commercial uses, whereas only residential uses are
currently allowed on the subject parcels. The proposed land use map change is more consistent
Planning 8 Zoning Board Staff Report -July 19, 2010
Linton at 551 Linton Boulevard -Rezoning and FLUM Amendment to the Comprehensive Plan
Page 7
with the existing character of the commercial nature of Linton Boulevard. These circumstances
demonstrate a need for the requested zoning and FLUM change.
Future Land Use Element Objective A-7: Property shall be developed or redeveloped, in
a manner so that the future use, intensity and density are appropriate in terms of soil,
topographic, and other applicable physical considerations; encourage affordable goods and
services; are complementary to and compatible with adjacent land uses; and fulfill
remaining land use needs.
There are no significant environmental characteristics to the subject property. The existing use of
the property is vacant land. In the absence of a specific use, it is currently compatible with the
adjacent land uses, which consists of commercial to the east, retail to the south, and residential to
the north and west. However, the proposed commercial use may have some compatibility concerns
with the residentially zoned properties to the west and north. To mitigate these concerns
landscaping, berms or privacy walls will be installed per Code requirements. This shall be more
specifically addressed upon the official submittal of a development proposal during site plan review,
^ Compliance with LDRs: Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall
specifically be addressed by the body taking final action on a land development applicationlrequest.
Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district
regulations.
At this time, no physical improvements are proposed. If and when improvements are made, a site
plan review will be required. No concerns meeting the LDR requirements are anticipated.
^ Compatibility; The requested designation will be compatible with the existing and future
land uses of the surrounding area.
As demonstrated in the following "Rezoning Analysis" section, the requested GC (General
Commercial) zoning and FLUM designation will be compatible with existing and future land uses of
the surrounding area.
RE2UNiNG ANALYSIS
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance
with the development criteria of the LDR 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 3.2.2 (Standards for Rezoning Actions: Standards "A", "B", "C", and "E" are not
applicable with respect to this rezoning request. Standard "D" requires that the rezoning shall
result in allowing land uses which are deemed compatible with adjacent and nearby land use both
existing and proposed; ar that if an incompatibility may actor, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
LAND USE ANALYSIS:
Existing land uses
Subject Property - Residential (Zoning District: RM; FLUM: MD)
North -Residential (Zoning District: RM; FLUM: MD)
South -Retail (Zoning District: PC; FLUM: GC)
Planning & Zoning Board Staff Report - Jufy 19, 2010
Lintco at 551 Linton Boulevard -Rezoning and FLl1M Amendment to the Comprehensive Plan
Page 8
East -Commercial {Zoning District: M1C 8~ POD; FLUM: CMR 8~ TRN)
West -Residential {Zoning District: R-1-A 8~ CF; FLUM: MD & CF)
Proposed land uses
Subject Property -Commercial {Zoning District: GC; FLUM: GC)
North -Residential {Zoning District: RM; FLUM: MD)
South -Retail {Zoning District: PC; FLUM: GC)
East -Commercial (Zoning District: MIC & POD; FLUM: CMR &TRN)
West -Residential (Zoning District: R-1-A ~ CF; FLUM: MD ~ CF)
The subject property is bordered on the north and west by residential properties zoned for
residential use which are compatible with the existing zoning of this property. However, with
the rezoning to commercial use, there will need to be adequate buffering by means of a wall,
barrier or landscape buffer to mitigate any potential negative impacts. Nonetheless, with the
current use remaining vacant, there are no immediate reasons for concern. Future
development of the property for commercial use or mixed-use, if granted, will need to take
necessary measures to mitigate any potential negative impact on adjacent residential uses.
Across SW 4ih Avenue to the east is a compatible commercial use (Security Self Storage).
Likewise, the existing medical offices to the east are a compatible commercial use.
Across Linton Boulevard to the south are compatible retail and commercial uses {New
Century Commons). It is noted that the proposed Future Land Use Designation of GC
(General Commercial) is shared with the existing retail shopping center to the south.
Based upon the above, this request does not result in an incompatible land use, thus, the
proposed development can be found to be in compliance with LDR Section 3.2.2 {D).
Section 2.4.5 (D} (5} (Rezoning Findings]:
Pursuant to Section 2.4.5 (D] (5}, Pursuant to LDR Section 2.4.5(D}(5], 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:
(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; or
(c} That the requested zoning is of similar intensity as allowed under the Future Land Use
Map and that it is more appropriate for the property based upon circumstances
particular to the site andlor neighborhogd.
The basis for which the rezoning should be granted, relates to the item (c) above, indicating
that the requested zoning of GC is of similar intensity as allowed under the proposed Future
Land Use Map Designation of GC which is also being requested. A GC zoning designation is
more appropriate for the property given its location along a major east-west commercialized
thoroughfare. Because of its location, the parcel would better serve the needs of the general
public as a commercial use.
Future development of the property as commercial or mixed use will deem it necessary to
mitigate potential negative effects on adjacent residential properties. The condominium
development to the north is internally positioned on SW 4th Avenue and bordered by walls on
Planning & Zoning Board Staff Report -July 19, 2010
Lintco at 551 Linkon Boulevard -Rezoning and FLUM Amendment to the Comprehensive Plan
Page 9
all sides so it will be minimally affected by anticipated commercial development of the subject
property. The single family residence to the west is abutted by a fire station to its west which
further brings to question its appropriateness as an isolated residential use along Linton
Boulevard. Under these circumstances the rezoning to GC is more appropriate.
Based upon these positive findings, the proposed development is in compliance with LDR
Section 2.4.5(D}{5},
REVIEW BY OTHERS
The proposed rezoning is not in a geographic area requiring review by either the Historic Preservation
Board {HPB), Downtown Development Authority (DDA), or the Community Redevelopment Agency
(CRA}.
Caurfesy Naflces: A special courtesy notice was provided to the following homeowners associations:
• Neighborhood Advisory Council Southridge
• Progressive Residents Of Delray {PROD) Southridge Village
• Linton Ridge The Vinings
1PARC Nofice: On July 9, 2010, notice of the Future Land Use Amendment was provided to the
Interlocal Plan Amendment Review Committee (1PARC} which distributes the information to adjacent
municipalities. No objections have been received to date.
Public Notices: Formal public notice has been prodded to property owners within a 500' radius of the
subject property. Letters of objection andlor support, if any, will be presented at the Planning and
Zoning Board meeting.
ASS~SSM~NT AND GONGLUSI4N
Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings}, LDR Section
3.2,2 (Standards for Rezoning Actions), LDR Section 2.4.5{D)(5) {Rezoning Findings), and the Goals,
Objectives, and Policies of the Comprehensive Plan. Therefore, rezoning of the subject property from
RM to GC, and a FLUM amendment from MD to GC, can be recommended for approval, based on the
findings outlined herein.
DISCRETIONARY -AGT-IONS
A. Move a recommendation of approval to the City Commission far the request for rezoning from RM
{Medium Density Residential} to GC (General Commercial} and a Future Land Use Map
amendment from MD (Residential Medium Density 5-12 dulac} to GC {General Commercial} for
the subject property, by adapting the findings of fact and law contained in the staff report, and
finding that the request and approval thereof is consrsfenf with the Comprehensive Plan, and
meets the criteria set forth in Sections 2.4.5{D)(5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
B. Move a recommendation of denial to the City Commission for the request for rezoning from RM
{Medium Density Residential} to GC {General Commercial} and a Future Land Use Map
amendment from MD (Residential Medium Density 5-12 dulac} to GC (General Commercial}, by
adopting the findings of fact and law contained in the staff report, and finding that the request is
inconsrstenf with the Comprehensive Plan, and does not meet the criteria set forth in Sections
2.4.5(D}(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Planning & Zoning Board Staff Reporl -July 19, 2010
Lintco at 551 Linton Boulevard -Rezoning and FLUM Amendment to the Comprehensive Plan
Page 10
C. Move to postpone a recommendation of approval or denial in order to continue reviewing the
request for rezoning from RM {Medium Density Residential) to GC (General Commercial) and a
Future Land Use Map amendment from MD (Residential Medium Density 5-12 dulac) to GC
(Genera{ Commercial) for the subject property with direction.
STAFF RE=COMMENDATIO:IV
Staff recommends that the Planning and Zoning Board move to recommend approval to the City
Commission for the request for rezoning from RM {Medium Density Residential) to GC {General
Commercial) and a Future Land Use Map amendment from MD (Residential Medium Density 5-12
dulac) to GC {General Commercial) for the subject property, by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5(D){5), 3.1.1 and 3.2.2 of the
Land Development Regulations.
Attachments:
^ Vicinity Map
• Zoning District Map
^ Future L.arrd Use Map
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MAP REF: S'\Plonning do Zoning~pBMS`\~1e-Cob'\Z-LM 1000-1506'\L1A1197JLLintto Development
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MAP REF: S:\Planning &Zoning\DBMS\File-Cab\Z-LM 1000-1500\LM1192/LZoning of Lintco Development
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