Ord 20-10f \
ORDINANCE N0.20-10
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 4'~' 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 Boazd for the City of
Delray Beach, as Local Planning Agenry, 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 Boazd,
sitting as the Local Planning Agenry, has determined that the changes aze consistent with and further
the objectives and policies of the Comprehensive Plan; and
WHEREAS, the Ciry Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the Ciry 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 aze incorporated herein.
Section 2. That the Zoning District Map of the Ciry 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:
r~
1
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 particulazly described as follows:
Commence at the Southwest comer 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 Boulevazd (106' right-of--way) for a
distance of 663.31 feet to the West line of the East one-half (E'/z) 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 Boulevazd, 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'/z) of
said Lot 8 for a distance of 475.48 feet; thence N 89° 38' 18"E along a line pazallel 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
4a' 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 12s' Street (now Linton Boulevazd).
Said lands situate within the Ciry of Delray Beach, Palm Beach County, Florida.
Section 3. That the Planning and Zoning Duector of the said Ciry 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 aze
hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
ORD NO. 20.10
f `
/ \
paragraph, sentence, or word be declazed 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.
Sec ~ That this ordinance shall become effective immediately upon the effective date of
Ordinance No. 17-1 Q under which official land use designation of GC (General Commercial) is affixed
to the subject parcel hexeinabove described.
PA`~SSED AN ADOPTED in regular session
day of ~..l~eL @l'6l~FY .2010.
A T /~ „
iry Jerk v/~'
First Readin ~~ 3D '~
Second Readin /~ / D
on second and final reading on this the _(.~~
p I~farf
YOR
ORD NO. 20-10
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Ronald Hoggard, AICP, Principal Planner
THROUGH: City Manager
DATE: Noverriber 22, 2010
SUBJECT: AGENDA ITEM SP.3 -SPECIAL MEETING OF NOVEMBER 30. 2010
ORDINANCE NO. 20-10
ITEM BEFORE COMMISSION
Page 1 of 2
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 pazcels aze
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 Boazd staff
report.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4010&MeetingID=309 12/7/2010
Coversheet
Page 2 of 2
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.
http://itwebapp/AgendaIntranet/Bluesheet. aspx?ItemID=4010&MeetingID=309 12/7/2010
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 YZ) 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 ''/z) 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 4~h 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 12~" 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
MAYOR
City Clerk
First Reading
Second Reading
3 ORD N0. 20-10
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: duly 19, 2010 ~~D.
AGENDA ITEM: Future Land Use Map amendment (small-scale) from MD (Medium Density
Residential) to GC (General Commercal) and rezoning from RM (Multiple Family
Residential) to GC (General Commercial) for twelve (12) parcels located at 551
Linton Boulevard.
GENERAL DATA:
Owner/Applicant .......................... 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 ........... ................ MD (Medium Density Residential)
Proposed FLUM ........ ................. GC (General Commercial)
Adjacent FLUM ......... ........North: MD (Medium Density Residential)
East: CMR (Commerce) and TRN ,
(Transitional)
South: GC (General Commercial)
West: MD (Medium Density Residential) & CF
(Community Facilities)
Current Zoning .......... .................. RM (Multiple Family Residential)
Proposed Zoning ....... ................. GC (General Commercial)
Adjacent Zoning ........ ........North: RM (Multiple Family Residential)
East: MIC (Mixed Industrial & Commercial)
and POD (Professional Office District)
South: PC (Planned Commercial)
West: R-1-A (Sing{e 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 41b Ave.
Sewer .................... ............... Sewer service must be extended from
existing 6" main along SW 4`h Ave.
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~TIp~~~~;~CYR~~~"H~ ~~A~fS.
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 du/ac) 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.
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
Plarning and Zoning Board on June 21, 2010 and by the City Commission on 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 for 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 for consideration.
- ~-`C ,7t.~$ ~>r-N t~ xrs I~ ~i>~~ =~lur~ t~ r~nA-~1~~' A~t~~X~l--~_
Current Land Use Desianation: The current Future Land Use Map designation for the property is
MD (Residential Medium Density 5-12 du/ac). '
Requested Land Use Desianation: 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 on 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 8 Zoning Board Stall Report-July 19, 2010
Linton 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 3.1.7, 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 Maa: 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 du/ac) 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 for the best and highest use of
the property. Development under the proposed zoning and land use designation would be more 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 more flexibility in the development of the property. A commercial or
mixed-use development would be more 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 a-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 and/or 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 adopted 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 du/acre). 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 & Zoning Board Staff Rapon -July 19, 2010
Lintco at 551 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 concurrency analysis assumes development of the entire property within the proposed overlay
district at the maximum intensity allowed under the amended description for 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 0.36. A
comparative analysis of the maximum development potential of the property has been provided
below.
Table 1: Maxlmum Development Potential
Lintco Development Overlay District
s ~~,[,[Ifl~~ 'tfk~PtCitttlJ!-~~3ptiten~~ofen~t"al -~ ~tE~lYt _ -M. ~It~iS~~L~a :, ;i
_..: ao... ~ i~av`~a rtYont:P~ti~tengaF„
.._
Mixed-Use
85 Multi-Family Residential Units
MD 85 Multi-Family Residential Units GC (12 units per acre)
(7.08 acres) ~ (12 units per acre) (7.08 acres) &
111,026 SF Retail (FAR 0.38)
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-Hom and Associates, Inc. The entire
Kimley-Horn Traffic Impact Analysis is attached as Support Document #8 within the
Comprehensive Plan Amendment Report. As shown on the following table from the analysis, the
new maximum land use mix will represent a net increase in potential traffic volumes. Analyses
were conducted for 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 significanHy impacted roadways to operate acceptably upon build-out of the
development site."
Table 2: Trip General"an Comparison -Maxlmum Intenslty
Lintco Development Overlay District
LAND USE INim5rly DAIIY AM PEAR 91 0UR PM PEAR H OUR
TWPS TOTAL IN WT 70TAL IN OUT
Etdstlne Future land Use
Multi-Family Resldentlal i120U/Arre)
ffi DU
596
45
9
36
A
34
19
ExlstlngFW External Mps 595 45 9 36 53 34 19
Proms d u ~ anA Isa
General COmmerd al (036 FAR)
111,026 5F
7,217
111
68
43
754
367
392
Multl-Family Residentld 112DWACre) ffi DU 595 45 9 36 53 3{ 19
Subtotal 7,612 156 71 79 807 396 411
Infemai dnture
General Commerdal (03fi FAR)
0.8991
60
5
4
1
5
2
3
MuPodamlly Resldentlal 172 DU/Aae) 1OJi fi0 5 1 4 5 3 2
Subtotal 120 10 5 S 30 5 5
Proposed FLU Ddveway Tips 7,692 146 72 ]4 797 391 406
Pus-er TraHie
Generel fAmmerdal (03fi FAR)
39.81%
2,699
42
29
17
298
143
155
ProposedFW New External Tdps 4,843 100 {7 57 499 248 251
Net New External Tdps(Proposed-Existing) 4,248 59 38 21 446 214 292
Planning & Zoning Board Staff Report - Juy 19, 2010
Lintoo at 551 Linton Boulevard -Rezoning and FLUM Amendment to the Comprehensive Plan
Page 4
Mar: Tlp pnraYOn was olculated ual~q Ilr bllmvlnr dab
OaIIY halflc Ganeragon
Apartaanb [PaCI - T=]1X1
Cenral CPmmercbl (PB[7 = In(n •09a'In(Xj+S.e]
AM Pwk Moor TraMC G'enrstl°n
ppartmenb IPp[I = T•DA9l7J a3.73; 130%In, eD%out)
Grcral COmmerclal IPB[t i-lA0 (Xj; I61%In, 39%autj
PM Pok Haar TraMc evrntlon
Apsnrr~b IPBCj ~ T-0.62iX); 165%10.35%outl
Cenral COmmerdal IPB[j Nm •0.67•LM(j+3.0;196%In, 53Haug
nse-ky
Cenral [ommerdal IPB[j %.91A9-11.61'In(Xj
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 wstomer. 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 excess/deficd 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 ctlons
Year 2010 2015 2020 2025 2030
Service Area Po ulafion 89 335 74 504 81 114 82 233 82 558
Per Ca ita Use d 240 240 240 240 240
Av .Dail Demand MG 16.64 17.88 19.47 19.74 19.81
Permit Base Condition MGD 19.00 19.00 19.00 19.00 19.00
Excess/ Deficit MGD 2.36 1.12 0.47 0.74 0.81
Alternative sources
Reclaimed Water
Credits for Ground Water Demand
Removal
1.08
1.895
1.895
1.895
1.895
Potable demand removal 0.39 0.64 0.64 0.84 0.84
Total Excesa/DeFlcit 3.83 3.65 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°/p 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
Lintoo 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 that 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 0.36.
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.
Drainaae•
The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch
of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City-
wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley-Horn, 2000). The
City has prograrmed 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 spec~cally to storm drainage and runoff management
has been adopted by the City Commission, and capital projects, as ident~ed in that program, shall
be implemented with funding to come from the Stormwater Utility Fee.
Drainage is reviewed during the site plan application process for individual projects. Within this
area of the City, drainage is usually accommodated on site via exfiltration trench systems or swale
retention areas. There are no problems anticipated with obtaining South Florida Water
Management District permits within the area and any additional impacts caused by increased
impervious area will not affect the level of service standard.
Parks 8 Recreation
The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its
conclusion that:"The City will have sufficient recreation facilities at build-out to meet the adopted
standards," The LOS standard for open space and recreation in the city is 3 acres per 1,000
residents. The amount of land currently provided in activity based recreation facilities, the
municipal beaches, and the two public golf courses, establishes a level of service of 6.2 acres per
1,000 residents (2007), far exceeding the general guideline.
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 8 Zoning Board Staff Report-July 19, 2010
Lintco at 551 Linton Boulevard -Rezoning and FLUM Amendment to the Comprehensive Plan
Page 6
Education (School Concurrence):
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 nei 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
concumency 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 I'rfe of the solid
waste system beyond the year 2043 or later.
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 Police A-1.7: Amendments to the FLUM must be based upon the
findings listed below, and must be supported by data and analysis that demonstrate
compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need must be
based upon circumstances such as shifts in demographic trends, changes in the
availability of land, changes in the existing character and FLUM designations of the
surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into
the municipal boundaries, or similar circumstances. The need must be supported by data
and analysis verifying the changing demographics or other circumstances. This
requirement shall not apply to requests for the FLUM designations of Conservation or
Recreation and Open Space; nor shall it apply to FLUM changes associated with
annexations when the City's Advisory FLUM designation is being applied, or when the
requested designation is of a similar intensity to the Advisory designation. However, the
findings described in the remainder of this policy must be addressed with all FLUM
amendments.
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
Table 3: Solid Waste Generation
Lintco Development Overlay District
Planning 8 Zoning Board Staff Report-July 19, 2010
Lintoo 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-1: Property shall be developed or redeveloped, in
a manner so that the future use, intensity and density are appropriate in terms of soil,
topographic, and other applicable physical considerations; encourage affordable goods and
services; arse complementary fo 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
spec~cally 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 applicatioNrequest.
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.
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 Ana/ysis" 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; or that if an incompatibility may occur, 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 ti Zoning Board Staff Report-July 19, 2010
Linton at 551 Linton Boulevard -Rezoning and FLUM Amendment to the Comprehensive Plan
Page 8
East -Commercial (Zoning District: M1C & POD; FLUM: CMR 8 TRN)
West -Residential (Zoning District: R-1-A & 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 8 POD; FLUM: CMR &TRN)
West -Residential (Zoning District: R-1-A 8 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 4s' 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 4r' Avenue and bordered by walls on
Planning 8 Zoning Board Staff Report -July 19, 2010
Llnico at 551 Llnton 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).
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).
Courtesy Notices: 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
IPARC Notice: On July 9, 2010, notice of the Future Land Use Amendment was provided to the
Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities. No objections have been received to date.
Public Notices: Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and/or support, if any, will ~be presented at the Planning and
Zoning Board meeting.
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.
A. Move a recommendation of 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 du/ac) 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.
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 du/ac) to GC (General Commercial), by
adopting the findings of fact and law contained in the staff report, and finding that the request is
inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections
2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Planning 8 Zoning Board Staff Report-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 du/ac) to GC
(General Commercial) for the subject property with direction.
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
du/ac) 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.
AUachmenls:
• Vicinity Map
• Zoning District Map
• Future Land Use Map
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