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Ord 29-04 ORDINANCE NO. 29-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2004-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT" (FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243 INCLUSIVE) ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2004-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2004-2; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on May 17, 2004, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2004-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2004-2 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public heatings on Comprehensive Plan Amendment 2004-2 was held by the City Commission on June 8, 2004 (and continued to June 22, 2004) at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2004-2 was found to be in compliance by the Florida Department of Community Affairs and the Department of Community Affairs did not identify any objections; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2004-2 was held on October 19, 2004, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2004-2, which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Dell'ay Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2004-2. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 29-04 X,c~ASSED AND ADOPTED in regular session on second and final reading on this the ayof ~)~ ,2004. ATTEST ~ City Clerk Second Reading 3 ORD. NO. 29-04 TO: DAVII~T. HARDEN Cl ~ANA(~G~~ PAuT~L ~ORLi THRU: DIRE~ OF~:F.~~~'~RLANtNI'NG ~[ND ZONING FROM RONHO GGA~IOR~EDEVE LO PMENT PLANNER SUBJECT: MEETING OF OCTOBER 19, 2004 ** PUBLIC HEARING** ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 2004-2 Comprehensive Plan Amendment 2004-2 was approved on first reading on June 22, 2004 and transmitted to the Florida Department of Community Affairs (DCA) for review. The amendment included one (1) City initiated Future Land Use Map amendment, one (1) privately initiated Future Land Use Map amendment and a number of text changes, including those regarding increases in density in the Southwest Neighborhood Area and Comprehensive Plan requirements adopted by the Florida Legislature in 2002 for a 10-year Water Supply Facilities Work Plan. A full analysis of each of the changes is contained in the attached Comprehensive Plan amendment and support documents. Concerns were expressed at the City Commission's meeting relating to the privately initiated FLUM amendment included with this Plan amendment for the Cottages at Banyan Village. Although the Planning & Zoning Board had recommended that it be eliminated from the Amendment, the City Commission agreed to include it in the transmittal to DCA with direction that the applicant address concerns related to density and affordable housing with staff before the amendment returned from the State. The applicant has been working with staff to meet the requirements of the Southwest Area Neighborhood Redevelopment Plan for the provision of affordable housing. During the review, DCA suggested that we withdraw our Water Supply Facilities Work Plan from the amendment, s~nce the State's deadline for adoption of the Work Plans had just been extended to allow the Water Management Districts time to complete their updated regional supply plans. Since major revisions to our work plan will be required to maintain consistency with the updated regional plan, we agreed to withdraw it from our amendment and resubmit it with our EAR (Evaluation and Appraisal Report) in 2006. DCA completed its review of the amendment and issued a letter on August 30, 2004 stating that they had no objections. The Planning and Zaning Baard held its publia hearing regarding the amendment on May 17, 2004. After discussion, the Board voted (3-1, Sowards, Pike and Walker absent) to recommend denial of the FLUM amendment for the Cottages at Banyan Village project. The Board voted (4-0 Sowards, Pike and Walker absent) to recommend approval of the remainder of Oomprehensive Plan Amendment 04-2 on first reading and transmittal of the amendment to the Florida Department af Oommunity Affairs. On September 27, 2004, the Planning and Zoning Board tabled a modified rezoning request for the Cottages at Banyan Village project which included a change in the proposed maximum allowable density from ten (10) dwelling units per acre to twelve (12) dwelling units per acre and a commitment to build at least 20% affordable units. The Planning & Zoning Board will consider the request at its October 18, 2004 meeting and first reading of the rezoning ordinance is anticipated at this City Commission meeting. By motion, approve on second reading, Ordinance No. 29-04, adopting Comprehensive Plan Amendment 04-2, based on positive findings that it supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan, and transmit the adopted Amendment, containing the material in the staff report and attachments to the Florida Department of Community Affairs. Attachments: · Summary of Comp Plan Amendment 04-2 · Ordinance 29-04 · Comprehensive Plan Amendment 04-2 s:\planning & zoning\longrange\comp\amend 04-2\adoptS004-02 cc staff report - adoption.doc 1. Future Land Use Map Amendments a. City initiated Future Land Use Map amendment for property within the West Atlantic Overlay District from GC (General Commercial) to CC (Commercial Core). b. Privately initiated Future Land Use Map amendment for approximately 9 acres on the southwest corner of Swinton Avenue and SW 10th Street from LD (Low Density Residential 0-5 Units/Acre) to MD (Medium Density Residential 5-12 Units/Acre). The proposal is to accommodate the proposed Cottages at Banyan Village project. 2. Text Amendments a. Future Land Use Element - Modification of the description of the Medium Density FLUM designation to include provisions for increased density to approximately 24 units/acre within the boundaries of a special overlay district within the Southwest Neighborhood Area, subject to Conditional Use approval. This overlay district, located between the commercial area along West Atlantic Avenue and SW 2nd Street, from Swinton Avenue to Interstate 95, is being created to accommodate higher density residential development pursuant to the Southwest Area Neighborhood Redevelopment Plan; b. Future Land Use Element - Modification of the descriptions of the Commercial FLUM designations related to the West Atlantic Overlay Area; c. Future Land Use Element - Modification of FLUM category descriptions to reflect consolidation and elimination of unnecessary FLUM designations; d. Transportation Element- Revise Map #17, Intermodal Facilities; e. Transportation Element- Revision to policies under Objective D-3 to address and update timetables and the completion of tasks; f. Housing Element - Update Residential Neighborhood Categorization Map to reflect existing land use and boundary changes. g. Public Facilities Element - Add objective and policies related to the regional water supply plan and preparation of a 10-year Water Supply Facilities Work Plan addressing water supply facilities necessary to serve existing and new development; h. Conservation Element - Amendment dealing with public recreation and boat ramps in conservation areas to achieve internal Plan consistency with the Open Space and Recreation Element; i. Conservation Element - Add objective and policy addressing projected water needs and sources considering the South Florida Water Management District's Lower East Coast Water Supply Plan; j. Open Space and Recreation Element - Add policy stating that all park planning will be compatible with the adopted City of Delray Beach Parks and Recreation System Master Plan; k. Intergovernmental Coordination Element - Add policy to ensure coordination of the Comprehensive Plan with the regional water supply plan; I. Capital Improvement Element - Modify Table CI-CIP (5-Year Capital Improvements Schedule For Projects > $25,000) to reflect implementation of the new $24 Million Parks and Recreation Bond and adoption of the FY 2005-2009 Capital Improvement Program; m. Capital Improvement Element - Modification of Table SD-CIP. This table is the School District's Six Year Capital Improvement Schedule referenced in CIP Element Policy A-8.3; n. Public Schools Facilities Element - Updated Map Series for the School District. Replace Map PS 1.1; PS 2.1; PS 3.1; and PS 3.3. Eliminate Maps PS 3.2 and PS 3.4; o. Public Schools Facilities Element- Elimination of the appendices; p. Public Schools Facilities Element - Minor text changes throughout the element to amend references to the updated Map Series; updated Six Year Capital Improvement Schedule; and the deleted Appendices; q. Public Schools Facilities Element - Amendments required to maintain consistency with the recently amended Interlocal Agreement · Add definition for"First FTE Student Count" to Definitions section · Amend Policy A-1.1 dealing with the LOS standard · Amend Policy A-3.1 dealing with intergovernmental coordination; and r. Open Space and Recreation Element - Add policy to establish an urban park at Old School Square ORDINANCE NO. 29-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2004-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT" (FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243 INCLUSIVE) ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2004-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2004-2; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on May 17, 2004, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2004-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2004-2 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2004-2 was held by the City Commission on June 8, 2004 (and continued to June 22, 2004) at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2004-2 was found to be in compliance by the Florida Department of Community Affairs and the Department of Community Affairs did not identify any objections; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2004-2 was held on October 19, 2004, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2004-2, which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2004-2. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 29-04 PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,2004. ATTEST M A Y O R City Clerk First Reading Second Reading. 3 ORD. NO. 29-04 CITY OF DELRAY BEACH, FLORIDA Planning & Zoning Board Transmittal Public Hearing May 17, 2004 City Commission Transmittal Public Hearing June 22, 2004 City Commission Adoption Public Hearing October 19, 2004 CITY OF DELRAY BEACH, FLORIDA ~ TABLE OF CONTENTS ~ Pa_~e TEXT CHANGES - (CITY INITIATED) 1 Description of the Medium Density FLUM designation, Future Land Use Element. 2 Descriptions of Commercial Land Use FLUM designations, Future Land Use Element. 5 Description of Rural Residential FLUM designation, Future Land Use Element. 6 Table L-7 - Land Use Designation/Zoning Matrix, Future Land Use Element 6 Description of Community Facility FLUM designation, Future Land Use Element. 7 Map #17, Intermodal Facilities, Transportation Element 7 Policy D-3.1, Transportation Element (Transportation Surveys) 7 Policy D-3.2, Transportation Element (TCEA - Transportation Management Association) 8 Policy D-3.3, Transportation Element (TCEA - TDM) 8 Policy D-3.5, Transportation Element (TCEA - Bicycle Facilities) 9 Policy D-3.6, Transportation Element (In-Town Shuttle) 9 Policy D-3.8, Transportation Element (TCEA - Signage) 9 Policy D-3.10, Transportation Element (TCEA - Sidewalks) 9 Map #22, Residential Neighborhood Categorization Map, Housing Element 10 Objective Bo5 and Policies B-5.1 to B.5.4, Public Facilities Element (10- Year Water Supply Facilities Work Plan) '10 Policies B-1.1 and B-1.8, Conservation Element (FIND Parcel 650) 11 Objective A-5 and Policy A-5.1, Conservation Element (Regional Water Supply) 12 Policy A-2.14, Open Space & Recreation Element (Parks & Recreation Master Plan) 12 Policy A-2.15, Open Space & Recreation Element (Old School Square Urban Park) 12 Policy A-1.11, Intergovernmental Coordination Element (Regional Water Supply) 12 Table CI-CIP, Table CI-CiP (5-Year Capital Improvements Schedule For Projects > $25,000), Capital Improvement Element 13 Table SD-CIP, School Distdct of Palm Beach County Six Year Capital Improvement Schedule, Capital Improvement Element 13 School District Map Series, Public Schools Facilities Element 14 Public Schools Facilities Element Appendices 14 Public Schools Facilities Element - Text changes to amend references to the updated Map Series; updated Six Year Capital Improvement Schedule and the deleted Appendices. 14 "First FTE Student Count" Definition, Public Schools Facilities Element 14 Policy A-1.1, Public Schools Facilities Element (LOS standard) 15 Policy A-3.1, Public Schools Facilities Element (intergovernmental coordination) AMENDMENTS TO THE FUTURE LAND USE MAP - (PRIVATELY INITIATED) 16 The Cottages at Banyan Village AMENDMENTS TO THE FUTURE LAND USE MAP - (CITY INITIATED) 16 West Atlantic Avenue Oveday District CITY OF DELRAY BEACH, FLORIDA CITY INITIA TED TEXT CHANGES FUTURE LAND USE ELEMENT 1) Location: Pg. FL-42, Description of the Medium Density FLUM designation. Medium Density: This designation is applied to land which is developed, or is to be developed, at a density between five and twelve units per acre. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. Change: REVISION Medium Density: This designation is applied to land which is developed, or is to be developed, at a density between five and twelve units per acre. Residential density is limited to a maximum of 12 dwellin.q units per acre, except within the portion of the Southwest Neiqhborhood Area Overlay District, between the commercial area alonq West Atlantic Avenue and SW 2® Street, from Swinton Avenue to Interstate 95, where the density may exceed 12 units per acre, up to a maximum of 24 units per acre subject to Conditional Use approval and the recommendations and strateqies outlined in the Southwest Area Neiqhborhood Redevelopment Plan. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. Comment: This revision is being made to address recommendations and strategies in the adopted Southwest Area Neighborhood Redevelopment Plan. Pursuant to the following Future Land Use Policy, future development and redevelopment in this area shall be consistent with the adopted Redevelopment Plan. Future Land Use Element Policy C-1.7 The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 1(~h Street on the south, Interstate 95 on the west, and Swinton A venue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its, meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. An implementation strategy identified in the Southwest Area Neighborhood Redevelopment Plan is zoning and density bonuses as follows: By using its land use ordinance, the city can create value for a site by upgrading the land use or density allowed as well as by creating disincentives for development in competing areas. It is important to note, however that increased density might not translate into increased value if the market cannot support the size of the project. The City has currently utilizes this approach in zoning the north portions of the study area as mixed-use residential which allows for a mix of retail, commercial and residential. Within the Northwest Quadrant sub-area, a goal is to provide significant redevelopment which includes a variety of townhome choices to provide both ownership and rental opportunities for residents with a mix of incomes and lifestyles. The residential choices are to be dispersed throughout the northern portion of the neighborhood to provide transition between the higher density apartment buildings along SW 1st Street and the single family homes located primarily south of SW 2n°Street. During the development of the Neighborhood Plan, it was acknowledged that any potential increases in density (greater than the current maximum of 12 units per acre) would only occur for the area north of SW 2nd Street, which is currently zoned RM (Medium Density Residential) and allows multiple family development. This area serves as a transition from the higher intensity commercial area along West Atlantic Avenue and the single family zoned area south of SW 2® Street. It is also acknowledged that incentives are needed to attract the redevelopment activity anticipated by the plan and accommodate the desired mix of housing. The increased density to a maximum of 24 units per acre will provide an incentive; however, any density increase that exceeds 12 units per acre will be subject to Conditional Use approval and (2) compliance with the recommendations and strategies of the Southwest Area Neighborhood Redevelopment Plan. See Location Map attached as Support Document #1. 2) Location: Pg. FL.,42 to FL-43, Descriptions of Commercial Land Use FLUM designations. COMMERCIAL LAND USES: There are two categories of commercial land use. Commercial Core: This designation is applied to the Community's Downtown area. It includes a substantial portion of the Transportation Concurrency Exception Area described in the Future Land Use Element and graphically shown in Figure L-8. The Commercial Core designation accommodates a variety of uses including'commercial and office development; residential land use upper story apartments; older homes renovated to accommodate office use; and uses such as "bed and breakfast" establishment; and industrial/commerce type uses. General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses. Residential uses may comprise up to of 50% of the total floor area within the West Atlantic Redevelopment Area (GC Overlay), and up to 15% of the total floor area elsewhere in the City with a GC FLUM designation. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except within the West Atlantic Avenue Redevelopment Area Oveday where the density may exceed 12 units per acre, up to a maximum of 30 units per acre subject to Conditional Use approval and in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area. [Revised by Amendment 00-1]; [Revised by Amendment 99-1] Change: REVISION COMMERCIAL LAND USES: There are two categories of commercial land use. Commercial Core: This designation is applied to the Community's Downtown area. It includes a substantial portion of the Transportation Concurrency Exception Area described in the Future Land Use Element and graphically shown in Figure L-8. The Commercial Core designation accommodates a variety of uses including commercial and office development; residential land use upper story apartments; older homes renovated to accommodate office use; and uses such as "bed and breakfast" establishment; and industrial/commerce type uses. (3) A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses and residential uses may comprise up to 50% of the total floor area, within the West Atlantic Avenue Redevelopment Area. Also, within the West Atlantic Avenue Redevelopment Area, the density may exceed 12 units per acre, up to a maximum of 30 units per acre subject to Conditional Use approval. General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special oveday district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses. Residential uses may comprise up to of 59% cf thc tct~! ricer ~r~ '.":!th!.". th~ W~ct .~.t!~.-.t!c R~dcw!cpm~nt A,~ /~r. ,~ .... '""~ ""'~ up to 15% of the total floor area. ;~ ..... ~,~,,,, ..,, +~,,~ r-;+,, ,,,ira., ~r. ~,,,~A ,~,,o;,,,,,+;,-.,, Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except '";+~'"" Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area. Comment: These changes are being made to address recommendations in the adopted Downtown Delray Beach Master Plan. Pursuant to the following Future Land Use Policy, future development and redevelopment in this area shall be consistent with the adopted Master Plan. Policy C-4.2 ?-he "Downtown De/ray Beach Master P/an" was adopted by the C/ty Comm/ssion on March ?g, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of De/ray Beach, while still retaining the "village like, community by-the- sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of De/ray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. [Revised by Amendment 02-1] The above policy and adopted Downtown Delray Beach Master Plan characterizes the City's downtown area as the commercial areas surrounding the Atlantic Avenue corridor, between 1-95 and State Road A-1-A. The Master Plan is the citizens' vision for the growth and unification of Delray Beach. It represents the ultimate growth and form of the community and the creation of a recognizable and seamless center for our city. A directive of the Plan was to create design (4) guidelines (LDRs) to guide future development in the downtown area. The City has recently adopted the design guidelines. During the development of the Master Plan three neighborhoods and districts were identified: The West Atlantic Neighborhood, The Central Core, and the Beach District. The goal is to include these districts within one zoning classification - the CBD (Central Business District). In conjunction with the text amendments, the City is processing a Future Land Use Map amendment from General Commercial (GC) to Commercial Core (CC) and rezoning from GC to CBD (Central Business District) for the West Atlantic commercial corridor. This is just a minor part to address the numerous recommendations called for in the plan to address the goal for unity. See Support Document #2- West Atlantic Avenue Oveday District - FLUM Amendment and Rezoning staff report (Agenda Item III.A.2B) 3) Location: Pg. FL-41, Description of Rural Residential FLUM designation. RESIDENTIAL LAND USES: There are three categories of residential land use. Rural Residential: This designation is applied to land which is currently in a rural state (no central water, central sewer, nor parcels less than one acre in area) and which is to remain in such a state. Agricultural uses and the keeping of livestock would be accommodated in these areas as would other uses which are appropriate in a rural setting. Minimum lot sizes for residential would be three acres with other uses to be accommodated on parcels of not less than ten acres. Change: REVISION RESIDENTIAL LAND USES: There are three two categories of residential land use. Comment: This change is being made to eliminate an unnecessary FLUM designation which no longer exists within the City. (5) 4) Location: Pg. FL-46, Table L-7 - Land Use Designation/Zoning Matrix. Change: REVISION Comment: This change is being made to eliminate an unnecessary FLUM designation which no longer exists within the City. See Support Document #3 for revised Table. 5) Location: Pg. FL-44, Description of Community Facility FLUM designation. COMMUNITY FACILITY LAND USES: This designation is applied to current and future school sites; to current and future sites for public buildings; and to current and future sites for public facilities e.g. the wastewater treatment plant. It is also applied to single function (purpose) buildings which have been constructed for community related purposes (e.g. churches) and which are not commercial in nature. However, not all community facilities are required to be shown under this designation. Small sites are not shown nor are the locations of governmental services (e.g.H.R.S.) which lease common office space, nor are churches that do not include substantial accessory uses such as educational facilities. A suffix to the Community Facilities designation is sometimes shown on the Future Land Use Map to denote its approved function. These suffixes include: P (Public Buildings), R (Recreational Facilities), C (Churches), S (Schools), H (Hospitals), O (Conference / Other), SW (Solid Waste Facility). Change: REVISION COMMUNITY FACILITY LAND USES: This designation is applied to current and future school sites; to current and future sites for public buildings; and to current and future sites for public facilities e.g. the wastewater treatment plant. It is also applied to single function (purpose) buildings which have been constructed for community related purposes (e.g. churches) and which are not commercial in nature. However, not all community facilities are required to be shown under this designation. Small sites are not shown nor are the locations of governmental services (e.g.H.R.S.) which lease common office space, nor are churches that do not include substantial accessory uses such as educational facilities. (6) Comment: The suffixes in the Community Facilities designation are being eliminated to simplify the number of Land Use categories in the City. The use of suffixes is for informational purposes only and does not denote any limitation of use nor prohibit any use allowed in the CF designation. Furthermore, all parcels with a Community Facilities FLUM designation, either with or without a suffix, are included in the CF (Community Facilities) zoning designation. Therefore, removal of the suffix represents no change in the intensity or uses on parcels with this designation. TRANSPORTATION ELEMENT 6) Location: Pg. TR-30, Modification of Map #17, Intermodal Facilities. See existing map attached as Support Document ~ Change: REVISION Comment: This change is being made to reflect current Palm Tran routes throughout the City. See revised map attached as Support Document #5. 7) Location: Pg. TR-47, Policy D-3.1 (Transportation Surveys) Policy D-3.1 In cooperation with the Florida Department of Transportation regional Commuter Assistance Program, the City shall perform and analyze transportation surveys to determine the issues and needs for employer based TDM activities, including but not limited to ride sharing, van pooling, and flexible work hours. These activities shall be completed in FY 97/98. Change: REVISION Policy D-3.1 In cooperation with the Florida Department of Transportation regional Commuter Assistance Program, the City shall perform and analyze transportation surveys to determine the issues and needs for employer based TDM activities, including but not limited to ride sharing, van pooling, and flexible work hours. These activities shall be completed in FY 97-/98 06/07. Comment: This change is being made to extend the date to accomplish the task. 8) Location: Pg. TR-48, Policy D-3.2 (TCEA - Transportation Management Association) Policy D-3.2 An analysis shall be made by FY 98/99, based in part upon the above noted surveys, to determine the feasibility and potential efficiency, of the establishment of a Transportation Management Association (TMA). Until such (7) time as a TMA is established, the feasibility shall be reassessed periodically, at least every two years. Change: REVISION Policy D-3.2 A"'., c.".3!¥s!s ch''"..~., ~'"~v .,,_~v'"'"'~' by ,=v, ~o/~vv, vv, An analysis shall be made by FY 07/08 based in part upon the above noted surveys, to determine the feasibility and potential efficiency, of the establishment of a Transportation Management Association (TMA). Until such time as a TMA is established, the feasibility shall be reassessed periodically, at least every two years. Comment: This change is being made to extend the date to accomplish the task. 9) Location: Pg. TR-48, Policy D-3.3 (TCEA - TDM) Policy D-3.3 The City shall adopt changes to the Land Development Regulations that require major developers (more than 50 employees) locating within the TCEA to submit a program to implement employer based TDM activities. This activity shall be completed in FY 97198. Change: DELETION Comment: This task was completed in 1998 by City Ordinance #36-98 (10/6/98). 10) Location: Pg. TR-48, Policy D-3.5 (TCEA - Bicycle Facilities) Policy D-3.5 The City and CRA shall, by FY 98/99, install additional bicycle facilities in the TCEA to accommodate and encourage the use of bicycles as transportation. These could include bike racks, bike lockers and other bicycle parking facilities. Change: REVISION Policy D-3.5 The City and CRA shall, by-*F--Y-98/98, on a continuin.q basis, assess the need to install additional bicycle facilities in the TCEA to accommodate and encourage the use of bicycles as transportation. These could include bike racks, bike lockers and other bicycle parking facilities. Comment: The Land Development Regulations currently require the provision of bicycle facilities for all new projects in the TCEA. This change is being made to assure that adequate facilities are maintained. 11) Location: Pg. TR-48, Policy D-3.6 (In-Town Shuttle) Policy D-3.6 The City and the CRA shall establish a plan for an in-town shuttle system by the year 2000 to serve the downtown, Tri-Rail, and the beach with headways of 10-12 minutes. Change: REVISION Policy D-3.6 The City and the CRA shall establish a plan for an in-town shuffle system by the year 2000 2005 to serve the downtown, Tri-Rail, and the beach with headways of ~ 20 - 30 minutes. Comment: This change is being made to extend the date to accomplish the task and to provide for more realistic headway times. 12) Location: Pg. TR-48, Policy D-3.8 (TCEA - Signage) Policy D-3.8 The City and TMA, if and when established, shall improve utilization of the existing municipal parking lots in the TCEA through improved signage and public awareness. This task shall be accomplished by FY 98/99. Change: DELETION Comment: This task was completed in 2002 with Phase 2 of the Wayfinder Sign project. 13) Location: Pg. TR-48, Policy D-3.10 (TCEA - Sidewalks) Policy D-3.10 The City shall eliminate the missing links in the sidewalk network throughout the TCEA and within one-quarter mile of its boundaries by FY 02/03. Change: REVISION Policy D-3.10 The City shall eliminate the missing links in the sidewalk network throughout the TCEA and within one-quarter mile of its boundaries by FY 02!0307/08. Comment: This change is being made to extend the date to accomplish the task. HOUSING ELEMENT 14) Location: Pg. HO-22, Map #22, Residential Neighborhood Categorization Map See existing map attached as Support Document #6 (9) Change: REVISION Comment: This change is being made to reflect existing land use and boundary changes. See revised map attached as Support Document #7. PUBLIC FACILITIES ELEMENT 15) Location: Pg. PF-15, Objective B-5 and Policies B-5.1 to B.5.4 (10- Year Water Supply Facilities Work Plan) Objective B-5 To ensure that there is an adequate water supply to meet existing and projected potable water needs, the following policies shall be implemented. Policy B-5.1: The City shall adopt a 10-Year Water Supply Facilities Work Plan based on the availability and appropriate use of regional water resources and the combined use of alternative water supplies. The Work Plan shall be consistent with the City's Water Use Permit renewals. Policy B-5.2: The City shall consider the most current version of South Florida Water Management District's Lower East Coast Water Supply Plan and Regional Water Plan in developing a 10-Year Water Supply Facilities Work Plan. Policy B-5.3: The City will use the Water Supply Facilities Work Plan to prioritize and coordinate improvements to the City's water supply system. Policy B-5.4: The City will maintain a current five-year schedule of capital improvements to the Water Supply System. Change: ADDITION Comment: These changes are required to meet new state requirements to strengthen coordination of water supply and local land use planning. The 10-Year Water Supply Facilities Work Plan will be adopted with the EAR in 2006. CONSERVATION ELEMENT 16) Location: Pg. CO-14, Policies B-1.1 and B-1.8 (FIND Parcel 650) Policy B-1.1 Publicly-owned environmentally sensitive areas have been identified on the Future Land Use Map by an "Open Space - Conservation" symbol. The FIND parcels 645 and 650 have been zoned into the conservation zone district. These designations shall be maintained in order to further Objective B-1. Change: REVISION (10) Policy B-1.1 Publicly-owned environmentally sensitive areas have been identified on the Future Land Use Map by an "Open Space - Conservation" symbol. The FIND parcels 645 and 650 have been zoned into the conservation zone district. These designations shall be maintained in order to further Objective B-1 as well as the Goals, Objectives and Policies of the Open Space and Recreation Element. Policy B-1.8 FIND parcel (MSA 650) shall be developed to provide public park areas and additional access to the Intracoastal Waterway through the provision of a boat ramp and parking area. The development of these facilities shall maximize retention of the existing native plant communities. Change: ADDITION Comment: The proposed policy is being added to maintain internal Plan consistency between the Conservation Element and the Open Space and Recreation Element, which states that there is a current deficiency in the category of boat ramps and that this deficiency will be eliminated through the development of FIND parcel MSA 650, or the construction of additional boat ramps at Knowles Park. It is further stated that this deficiency occurs again at buildout. The deficiency is addressed in Open Space and Recreation Element Policy B-3.1 stated as follows: "Additional access to the Intracoastal Waterway shall be achieved through improvements made at the time of development of the FIND parcel (MSA 650).' Additional language within the "Needs and Recommendations" section of the Open Space and Recreation Element states as follows: "Opportunities may exist for providing additional access to the Intracoastal Waterway, preserving natural areas, and providing public park areas through development of the FIND parcel (MSA 650), additions to the boat ramps at Knowles Park, and enhancement of existing street ends at the Intracoastal Waterway." 17) Location: Pg. CO-13, Objective A-5 and Policy A-5.1 (Regional Water Supply) Objective A-5 To address the City's existing and projected potable water needs and sources in the context of the regional water supply, the following policy shall be implemented. Policy A-5.1 During preparation of the Evaluation and Appraisal Report, due in 2006, the City shall revise the Conservation Element to access projected water (11) needs and sources for at least a 10-year planning period considering the South Florida Water Management District's Lower East Coast Water Supply Plan. Change: ADDITION Comment: Revisions to the Conservation Element to accomplish this objective are required to meet new state requirements to strengthen coordination of water supply and local land use planning. OPEN SPACE AND RECREATION ELEMENT 18) Location: Pg. OS-19, Policy A-2.14 (Master Plan) Policy A-2.14 All planning for parks and recreational facilities shall be in- accordance with the adopted City of Delray Beach Parks and Recreation System Master Plan. Change: ADDITION Comment: This Policy is being added to reflect adoption of the City of Delray Beach Parks and Recreation System Master Plan and state that future planning must be in accordance with Master Plan. 19) Location: Pg. OS-19, Policy A-2.15 {Old School Square Urban Park) Policy A-2.15 The City shall establish an Urban Park as part of the expansion of Old School Square Cultural Center. Multiple funding sources are to be pursued and the development should be accomplished by FY 2006/07. Change: ADDITION Comment: Current plans for the facility include an urban park as a design element. This Policy is being added in consideration of those plans. INTERGOVERNMENTAL COORDINATION ELEMENT 20) Location: Pg. IC-2'1, Policy A-1.11 (Regional Water Supply) Policy A-1.11: The City shall support efforts to integrate land use and water resource planning to ensure the availability of water for regional water management purposes. Accordingly, the SFWMD shall be designated as a commenting agency on large scale plan amendments and other projects with potential impacts on regional water resources and programs, and shall be encouraged to provide comments prior to any action on the .amendments, rezonings or development projects with regional impacts, made by the Local Planning Agency / Zoning Board, or the City Commission. Change: ADDITION ("/2) Comment: These changes are required to meet new state requirements to strengthen coordination of water supply and local land use planning. The policy has been added to ensure coordination of the Comprehensive Plan with the regional water supply plan. CAPITAL IMPROVEMENT ELEMENT 21) Location: Pg. Cl-28 to CI-30, Table Cl-ClP, Table Cl-ClP (5-Year Capital Improvements Schedule For Projects > $25,000) See existing table attached as Support Document #8 Change: REVISION Comment: This table was originally revised to reflect implementation of the $24 Million Parks and Recreation Bond and was transmitted to DCA with this amendment for review. However, since that time, the City Commission has adopted the Capital Improvement Plan (CIP) for FY2004-05 FY2008-09. Therefore, additional modifications to the' table have been included to reflect the new CIP. See revised table attached as Support Document #9. 22) Location: Pgs. Cl-32 to Cl-34, Table SD-ClP, School District of Palm Beach County Six Year Capital Improvement Schedule See existing table attached as Support Document #10 Change: REVISION Comment: This table is the updated School District's Six Year Capital Improvement Schedule referenced in CIP Element Policy A-8.3. See revised table attached as Support Document #11. PUBLIC SCHOOLS FACILITIES ELEMENT 23) Location: Pgs. PS-10 to PS-15, School District Map Series See the following existing maps attached as Support Document #12 · Map PS 1.1 - Concurrency Service Areas · Map PS 2.1 - School Facility Locations · Map PS 3.1 - Planned Additional Capacity, Confirmed Sites · Map PS 3.2 - Planned Additional Capacity, Schools Without Confirmed Sites · Map PS 3.3 - Projected Additional Facility Demand 2004/05 to 2009/10 · Map PS 3.4 - Projected Additional Facility Demand 2009/10 to 2019/20 Change: REVISION Comment: These are the latest maps from the Palm Beach County School District. Map PS 3.2 was eliminated and PS 3.3 and 3.4 were combined. See revised maps attached as Support Document #13. · Map PS 1.1 - Concurrency Service Areas · Map PS 2.1 - School Facility Locations · Map PS 3.1 - Planned Additional Capacity · Map PS 3.3 - Projected Additional Facility Demand 2004 - 2015 24) Location: Pgs. PS-48 to PS-56, Appendices See the existing appendices attached as Support Document #14. .. Change: DELETION The materials contained in the appendices are produced and maintained by the School District and provided to the City for informational purposes. They are not required to be included in the City's Comprehensive Plan. 25) Location: Pgs. Throughout the Element See amended pages attached as Support Document #15 Change: REVISIONS Comment: These are minor text changes throughout the element to amend references to the updated Map Series; updated Six Year Capital Improvement Schedule; and the deleted Appendices. 26) Location: Pg. PS-22, Definitions FIRST FTE STUDENT COUNT - A first semester count of all "full time equivalent" students. The date of the first FTE count is determined by the Florida Department of Education each school year, pursuant to Chapter 1011.62, Florida Statutes. Change: ADDITION Comment: This change is being made to maintain consistency with the recently amended Interlocal Agreement. 27) Location: Pg. PS-22, Policy A-1.1 (LOS Standard) (14) p~li~y A-1.1 The LOS standard is the school's utilization which is defined as the enrollment as a percentage of school student capacity based upon the Florida Inventory of School Houses (FISH). The level of service (LOS) standard shall be established for all schools of each type within the School District as 110 percent utilization, measured as the average for all schools of each type within each Concurrency Service Area. No individual school shall be allowed to operate in excess of 110% utilization, unless the school is the subject of a School Capacity Study (SCS) undertaken by the School District, working with the Technical Advisory Group (TAG) which determines that the school can operate in excess of 110% utilization. The SCS shall be required if a school in the first student count of the second semester reaches 108 % or higher capacity. As a result of an SCS, an individual school may operate at up to 120% utilization. Change: REVISION Pqlicv A-1.1 The LOS standard is the school's utilization which is defined as the enrollment as a percentage of school student capacity based upon the Florida Inventory of School Houses (FISH). The level of service (LOS) standard shall be established for all schools of each type within the School District as 110 percent utilization, measured as the average for all schools of each type within each Concurrency Service Area. No individual school shall be allowed to operate in excess of 110% utilization, unless the school is the subject of a School Capacity Study (SCS) undertaken by the School District, working with the Technical Advisory Group (TAG) which determines that the school can operate in excess of 110% utilization. The SCS shall be required if a school in the first FTE student count of thc ccccnd scmcct~r reaches 108 % or higher capacity. As a result of an SCS, an individual school may operate at up to 120% utilization. Upon determination by TAG, if a school is planned and under contract or construction which will relieve capacity of an existinq school, the existinq school shall be allowed to exceed the 120% maximum utilization for a period not to exceed 2 years. The former is intended to prevent the movement of students more than once. Comment: This change is being made to maintain consistency with the recently amended Intedocal Agreement. 28) Location: Pg. PS-22, Policy A-3.1 (Intergovernmental Coordination) Policy A-3.1 The City of Delray Beach, in coordination with the School District and other local governments, shall annually amend Table SD-CIP of the Capital Improvement Element (School District of Palm Beach County Six-Year Capital Improvement Schedule), to maintain consistency with the School Board's adopted Five-Year Plan and to maintain a financially feasible capital improvements program and ensure that level of service standards will continue to be achieved and maintained in each year of the five year planning period. Change: REVISION (15) Policy A-3.1 The City of Delray Beach, in coordination with the School District and other local governments, shall annually 3mc.".d T35!c SD C!P cf thc Capita! ....~...,.v...v...' .......... * c~_,v...~,..* ( adopt the updated School District of Palm Beach County Six-Year Capital Improvement Schedule~ by reference or follow other procedures consistent with Rule 9J-5, Florida Administrative Code. This provision is intended to maintain consistency with the School Board's adopted Five-Year Plan and to maintain a financially feasible capital improvements program and ensure that level of service standards will continue to be achieved and maintained in each year of the five year planning period. Comment: This change is being made to maintain consistency with the recently amended Interlocal Agreement. AMENDMENTS TO THE FUTURE LAND USE MAP PRIVA TEL Y INITIA TED FUTURE LAND USE MAP AMENDMENT: · Privately Initiated Future Land Use Map (FLUM) Amendment From LD (Low Density Residential 0-5 du/ac) to MD (Medium Density Residential 5-12 du/ac) For The Cottages at Banyan Village, Located at the Southwest Corner of South Swinton Avenue and SW 10th Street. See Support Document #16 - Cottages at Banyan Village - FLUM Amendment and Rezoning staff report & FLUM Amendment legal description. CITY INITIA TED FUTURE LAND USE MAP AMENDMENTS: · City initiated Future Land Use Map Amendment from GC (General Commercial) to CC (Commercial Core) For Properties Generally Located on the North and South Sides of West Atlantic Avenue Between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block)Within the West Atlantic Avenue Overlay District. See Support Document #2 - Location Map - FLUM Amendment Area; FLUM Amendment legal description; and West Atlantic Avenue Overlay District - FLUM Amendment and Rezoning staff report. s:\planning & zoning~longrange\comp~amend 04-2~adopt\04-2 amendment - city commission t-mai.doc (16) CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #1 Location Map Area Proposed For Increased Density Within the Southwest Neighborhood Area SD #t f I 111111 'IF"" CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #2 Location Map- FLUM Amendment Area FLUM Amendment Legal Description & West Atlantic Avenue Overlay District FLUM Amendment and Rezoning Staff Report SD #2 '1AY '1fl I't't 3 I"1N 3^ V ~,~ J ,~ ~ L~ ~~~;~;~..,~1 I ~ ~1 Iillill 0 13, ~~~}~~~11 1.1 tlill I11 WEST ATLANTIC OVERLAY AREA LEGAL DESCRIPTIONS FOR FLUM AMENDMENT FLUM: GC (GENERAL COMMERCIAL) TO CC (COMMERCIAL CORE) LOTS 1-11, INCLUSIVE/LESS R/W SR 806/, LOTS 12-16, INCLUSIVE AND LOTS 21-25, INCLUSIVE, BLOCK 5, ATLANTIC GARDENS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-11, INCLUSIVE/LESS PJW SR 806/, LOTS 12-16, INCLUSIVE AND LOTS 21-25, INCLUSIVE, BLOCK 8, ATLANTIC GARDENS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; .- TRS B & C, BELAIR HEIGHTS REPLAT, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 73, PAGE 17, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1 & 2, LOTS 7-11, INCLUSIVE, AND LOTS 17 - 20, INCLUSIVE, BLOCK 1, BELAIR HEIGHTS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 20, PAGE 45, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-6, INCLUSIVE, AND LOTS A & B, BLOCK 2, BELAIR HEIGHTS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 20, PAGE 45, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-5 INCLUSIVE /LESS PJW SR 806/, MYRICKS SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 10 PAGE 79, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; S 145 FT OF N 290 FT OF E 147 FT OF LT 9, SUB OF 17-46-43, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; N 50 FT OF S 300 FT OF E 145 FT OF LT 9, SUB OF 17-46-43, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK I PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; W 80 FT OF E 300 FT OF S 130 FT OF N 145 FT OF LT 9 /LESS R/W SR 806/, SUB OF 17-46-43, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-11 INCLUSIVE /LESS N 20 FT/, LOTS 12-16, INCLUSIVE AND LOTS 21-25, INCLUSIVE, BLOCK 5, SUBDIVISION OF BLOCK 5, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 72, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; S 365 FT OF N 385 FT OF W 135 FT OF BLK 13, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; S 80 FT OF N 100 FT OF E 150 FT & S 250 FT OF N 350 FT OF E 135 FT OF BLK 13, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; S 290 FT OF N 310 FT/LESS E 5 FT SW 5TM AVE R/W/OF BLK 21, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; E 150 FT OF S 294.28 FT OF BLK 21, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 9-11, INCLUSIVE, BLK 22, SUBDIVISION OF THE NORTH HALF OF BLOCK 22 TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 38, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-3, INCLUSIVE, BLK 30, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; ALL OF PLAT, CHECKERS ATLANTIC - DELRAY PLAT, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 71, PAGE 192, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; ALL OF PLAT /LESS N 20 FT ATLANTIC AVE R/W/, BLK 29, RESUBDIVISION OF BLOCKS 29 & 37, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 66, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; S 30.5 FT OF LT 5 & N 19.5 FT OF LT 6, BLK 29, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; 2 LOTS 1-4, INCLUSIVE/LESS N 20 FT SR 806 RD R/W/, BLK 53, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-14 INCLUSIVE /LESS S 20 FT SR 806 RD RAN/, LOTS 34 & 35, BLK 1, ATLANTIC PINES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGE 77, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 2-7, INCLUSIVE/LESS S 20 FT SR 806 RD RNV/, LOTS 9-11, INCLUSIVE & LOTS 30-32, INCLUSIVE, BLK 2, ATLANTIC PINES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGE 77, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOT 1 & ABANDONED S 9 FT ALLEY LYG N OF & ADJ TO/LESS E 10 FT/AND LOT 6 & ABANDONED S 11 FT ALLEY LYG N OF & ADJ TO, BLOCK 6, WHIDDENS SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 58, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; W 274.8 FT OF S 1/4 OF LOT 10/LESS E 10 FT NW 9TH AVE R/W, W 25 FT NW 10TH AVE R/W & SR 806 ROAD R/W/, SUB OF 17-46-43, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; ALL OF PLAT LYG ELY OF & ADJACENT TO NW 9TH AVE R/W AS IN OR4465P1517/LESS E 25 NW 8TM AVE R/W & SR 806 ROAD R/W/, FENNOS J G SUB, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 89, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; PARCEL A, DELRAY AMOCO, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 69, PAGE 38, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; N 100 FT OF W 130.44 FT OF S 1/2, N 142.1 FT OF W 130.44 FT OF E 155.44 FT OF E 1/2 OF S 1/2 & W 76 FT OF E 101 FT OF N 120 FT OF S 140 FT OF E 1/2 OF S 1/2, BLK 4, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; S 1/2 OF BLK 12 /LESS S 20 FT SR 806 RD R/W/, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOT 26, BLK 12, MONROE SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 67, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; 3 TOGETHER WITH; N 250 FT/LESS W 135 FT/, BLK 20, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; E 165 FT OF S 135 FT & N 70 FT OF S 205 FT OF E 135 FT, BLK 19, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1 - 8, INCLUSIVE, MELVIN S BURD SUB, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-5, INCLUSIVE, REPLAT OF PART OF BLK 27, TOWN OF LINTON, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 7 & 8, BLK 27, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOT 1, BLK 28, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOT 4 & N 50 FT OF LOT 5 & ABND 16 FT ALLEY LYG E OF & ADJ TO, BLK 28, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; ALL OF PLAT/LESS TR C-3/, ATLANTIC GROVE, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 96, PAGE 55, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; s:\planning & zoning\longrange\comp\amend 04-2~004 west atlantic avenue overlay flum amendment legal descriptions.doc 4 THRU: PAUL DORLING, DI F PLANNING AND ZONIN FROM: JEFFREY A. COSTELLO, ASSISTANT PLANNING DIRECT~ SUBJECT: MEETING OF JUNE 8, 2004 CITY INITIATED FUTURE LAND USE MAP AMENDMENT FROM GC (GENERAL - COMMERCIAL) TO CC (COMMERCIAL CORE) FOR PROPERTIES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES OF WEST ATLANTIC AVENUE BE'I'WEEN NWISW IsT AVENUE (100 BLOCK) AND NW/SW 12TM AVENUE (1200 BLOCK) WITHIN THE WEST ATLANTIC AVENUE OVERLAY DISTRICT. The adopted Downtown Delray Beach Master Plan establishes a blueprint for the revitalization:and unification of the City's downtown area, which is generally defined as the entire business cordd0r from 1-95 to Ocean Boulevard (A-l-A) and is divided into three districts. The Master Plan includes several general recommendations and a series of proposals for each of the three districts. The properties in question are located within the West Atlantic Neighborhood, which includes the West Atlantic Avenue Redevelopment Area. The subject properties encompass 41.81 acres. Future development in the area must be in accordance with the provisions of both the Downtown Delray Beach Master Plan and the West Atlantic Avenue Redevelopment Plan (adopted in 1995). The Future Land Use Map amendment is associated with a City initiated rezoning from GC (General Commercial) to CBD (Central Business District), which has also been scheduled for this City Commission meeting. The FLUM amendment and rezoning originally included the portion of the tennis center property that fronts Atlantic Avenue; however, due to deed restrictions that limit the development of the property, the tennis center property is being eliminated from this Comprehensive Plan Amendment. A separate Future Land Use Map amendment and rezoning for a portion of the property to CBD may be considered with a future Comprehensive Plan Amendment. A full analysis of the proposed FLUM amendment and rezoning is provided in the attached Planning and Zoning Board staff report. At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing on this item in conjunction with Comprehensive Plan Amendment 2004-2. There was public testimony in opposition to the request that primarily related to concerns with displacing residences and property owners being forced to sell their properties for redevelopment. It was further explained that the Future Land Use Map amendment and associated rezoning of the existing commercially zoned properties to CBD was to apply one continuous zoning designation for the downtown area and that it was not associated with any specific development proposal. The Board voted 4-0 (Pike, Sowards & Walker absent) to recommend approval of the proposed FLUM amendment and rezoning. Move to approve on first reading the Future Land Use Map amendment from GC (General Commercial) to CC (Commercial Core), 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 criteda set forth in Chapter 3 of the Land Development Regulations. Attachments: Planning and Zoning Board staff report of May 17, 2004 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --STAFF REPORT-, MEETING DATE: May 17, 2004 AGENDA ITEM: III.A.2.B. ITEM: city initiated Future Land Use Map Amendment from GC (General Commercial) In Part and CF-P (Community Facilities-Public Buildings) In Part to CC (Commercial Core) and Rezoning From GC (General Commercial) In Part and CF (Community Facilities) To CBD (Central Business District) For Properties Generally Located on the North and South Sides of West Atlantic Avenue Between NW/SW lS~ Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) Within the West Atlantic Avenue Overlay District (Quasi-Judicial Hearing). GENERAL DATA: Owner ........................................... City Initiated Location ........................................ Generally located on the north and south sides of West Atlantic Avenue between NW/SW 1~t Avenue (100 Block) and NW/SW 12m Avenue (1200 Block) Property Size ................................. 42.88 Acres Future Land Use Map ....................CF-P (Community Facilities-Public Building) & GC (General Commercial) Proposed FLUM ............................ CC (Commercial Core) Current Zoning .............................. GC (General Commercial) & CF (Community Facilities) Proposed Zoning ........................... CBD (Central Business District) Adjacent Zoning .................. North: GC (General Commercial) East: GC & RM (Medium Density Residential) South: RM West: GC & RM Existing Land Use ........................ Commercially zoned properties and Tennis Center Parking Lot. Water Service ............................... n/a Sewer Service ............................... n/a III_A.2_ The action before the Board is that of making a recommendation to the City Commission on a City initiated Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District) for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray Beach Master Plan, which establishes a blueprint for the revitalization and unification of the City's downtown area. This area is generally defined as the entire business corridor from 1-95 to Ocean Boulevard (A-l-A). The Master Plan divides the downtown business area into three districts, the West Atlantic Neighborhood from Interstate 95 to Swinton Avenue, the Central Core District, from Swinton Avenue to the Intracoastal Waterway and the Beach District, east of the Intracoastal Waterway to the beach. The Master Plan includes several general recommendations and a series of proposals for each of the three districts. Future development in the area must be in accordance with the provisions of both the Downtown Delray Beach Master Plan and the West Atlantic Avenue Redevelopment Plan (adopted in 1995). The properties in question are located within the West Atlantic Neighborhood, which includes the West Atlantic Avenue Redevelopment Area. The properties currently zoned GC (General Commercial) encompass 41.81 acres, while the property zoned CF (Community Facilities) involves 1.07 acres (42.88 acres total). REQUIRED FINDINGS: LDR {Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 2 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 FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. The proposed FLUM amendments will assign a Future Land Use Map designation of CC (Commercial Core) and the proposed rezoning to CBD (Central Business District) is consistent with this FLUM designation. These changes will apply the same zoning designation that currently exists for the downtown area, east of Swinton Avenue (CBD). The CBD and GC zoning districts accommodate mixed-use development. The CBD zoning is consistent with the CC FIUM designation. Thus, positive findings can be made regarding consistency of the FLUM and zoning designations. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: · Demonstrated Need -- That there is a need for the requested land use, The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The adopted Downtown Delray Beach Master Plan includes recommendations for redevelopment of the subject properties. The proposed FLUM amendments and associated rezonings will fulfill the following policies: Future Land Use Element Policy C-4.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of De/ray Beach, while still retaining the 'Vi#age like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of De/ray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay Distdct Page 3 The above policy and adopted Downtown Delray Beach Master Plan characterizes the City's downtown area as the commercial areas surrounding the Atlantic Avenue corridor, between 1-95 and State Road A-I-A (Ocean Boulevard). The Master Plan is the Citizens' vision for the growth and unification of Delray Beach. It represents the ultimate growth and form of the community and the creation of a recognizable and seamless center for our city. During the development of the Master Plan three neighborhoods and districts were identified for the downtown area: The West Atlantic Neighborhood, The Central Core, and the Beach District. The goal is to include these districts within one zoning classification - the CBD (Central Business District). Besides the changes to the commercial designation, the Master Plan includes general recommendations and a series of proposals for each of the districts, which includes the Tennis Center frontage associated with the FLUM amendment and Rezoning request. The Master Plan specifically addresses the parking lot in front of the Tennis Center and the need for filling in this gap along the Avenue. The parking Iot'is seldom used to its maximum capacity, except during special events and for a few days during the season. While the Center is a positive addition to the City, the 600' expanse of parking along Atlantic Avenue interrupts the urban fabric and is not conducive to a pedestrian friendly environment. This unfriendly environment impacts the physical structure of the Avenue and acts as a barrier between the West Atlantic Neighborhood and the Commercial Core, which reinforces the perceived social barriers. The Master Plan proposes the construction of three liner buildings on this parking lot fronting the Avenue, and the creation of a plaza in front of the existing Tennis Center clubhouse building. However, the CF regulations do not accommodate the mix of commercial and residential uses envisioned for this frontage. Improvements pursuant to the Plan will have a positive influence and will make the pedestrian transition between the two districts more inviting and uninterrupted. In addition to the above, a directive of the Downtown Delray Beach Master Plan was to create design guidelines (LDRs) to guide future development in the downtown area in a manner that will preserve the character of the area. The City has recently adopted the design guidelines which have requirements that relate specifically to the three districts referenced above. The intent is apply one zoning designation (CBD) for the downtown area, which will have the three distinctive sub-areas/districts. The adoption of the design guidelines and the proposed rezoning to CBD are just couple of the many recommendations and strategies called for in the Plan to address goal for unity, while guiding the revitalization and redevelopment of the City's downtown. Future Land Use Element Policy C-1.5: The'following pertains to the Atlantic Avenue Redevelopment Area: This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini- parks, commercial uses along Atlantic Avenue and N.W. 5th Avenue, and scattered vacant parcels. The West At/antic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The plan establishes Future Land Use Map designations, zonings, Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 4 special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment plan... The plan calls for pedestrian orientation and no parking between structures and the Atlantic Avenue right-of-way, with a preference for parking located to the rear of any structure. While the parking at the tennis center was not specifically referenced within the West Atlantic Avenue Redevelopment Plan, the Plan generated conceptual plans for each block with commercial zoning along the Avenue. These plans were based upon vital, urban design principles including the principle that buildings on the Avenue should be situated adjacent to the public, pedestrian sidewalk, and parking should be placed in the rear. · Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal will be consistent with the gOals, objectives and policies of the City's Comprehensive Plan as it relates to Future Land Use Element Policies C-1.5 and C-4.2, the adopted Downtown Delray Beach Master Plan, and the adopted West Atlantic Avenue Redevelopment Plan. · Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed FLUM amendment from GC and CF-P to CC and Rezoning from GC and CF to CBD will accommodate development at the same intensity as that which can occur under the current designations. In essence, the change is from one commercial designation to another with the same development potential. Development under either the GC or CBD scenario will accommodate the same intensity of development consistent with the adopted Downtown Delray Beach Master Plan and West Atlantic Avenue Redevelopment Plan. With regard to the tennis center frontage, the CF zoning currently allows similar and even more intense uses than are accommodated within the proposed CBD zoning district. The uses allowed under the CF-P (Community Facilities - Public Buildings) Future Land Use Map designation and the CF zoning district can accommodate large venues that are more regionally-oriented from a traffic perspective (i.e. the Tennis Center Stadium) while the uses allowed in the CBD are typically more locally oriented. City facilities such as water, sewer, and drainage have sufficient capacity to handle development of this area at the potential development intensity allowed under the proposed CC FLUM designation. Similarly, solid waste can be accommodated by existing County facilities. As the majority of the properties are located in the TCEA (Transportation Concurrency Exception Area) and are changing to a land use designation of similar development potential, traffic is not an issue. The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that individual projects may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 5 park impact fee of $500.00 per dwelling unit will be collected pdor to issuance of a building permit for each residential unit. School concurrency will be addressed with future proposals for residential development; however no problems are anticipated. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. · Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As previously stated, the FLUM amendments and rezonings for these properties generally involve the change in zoning from one commercial zoning designation to another with the same development potential. The proposal does not expand the commercial boundaries from those that currently exist, except with regard to the tennis center frontage, which is within the commercial corridor. .. Based upon the above, the proposed FLUM amendments and Rezoning to CBD are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. · Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation shall comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.'1 (Basis for Determinin_q Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 6 sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 {Standards for RezoninR Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are .deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As previously stated, the FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. As discussed under Future Land Use Element Policy A-1.7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Also, there are development regulations currently in place to mitigate any potential impacts with adjacent properties. Section 2.4.5(D)(5) (Rezonin~ Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "c": based on the following: The proposed rezonings are required to implement the provisions of the Downtown Delray Beach Master Plan. In order to implement the development scenarios identified in the Plan, rezoning of the subject properties is appropriate as there has been a change in circumstances which make the current zoning inappropriate. The requested zoning is of similar intensity and is more appropriate given the direction identified in the Comprehensive Plan. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 7 COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. Community Redevelopment Agency: At its meeting of April 22, 2004, the CRA Board reviewed and recommended approval of the FLUM amendments and rezonings to Central Business District (CBD). Downtown Development Authority At its meeting of April 21, 2004, the DDA reviewed and recommended approval of the FLUM amendments and rezonings to Central Business Distdct (CBD). West Atlantic Redevelopment Coalition At its meeting of April 14, 2004, the WARC reviewed and recommended approval of the FLUM amendments and rezonings to Central Business District (CBD). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Atlantic Park Gardens · Paradise Heights · Chamber of Commerce · PROD (Progressive Residents of Delray) · Delray Merchants Association · President's Council · Ebony of Delray · West Settlers Historic District · Gateway · West Side Heights · Lincoln Park Public Notice: Formal public notice has been provided to the affected property owners as well as property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 8 the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. A. Continue with direction. B. Recommend to the City Commission approval of Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District), for properties generally located on the north and south sides of West Atlantic st th Avenue between NW/SW 1 Avenue (100 Block) and NW/SW 12 Avenue (1200 ~' Block) within the West Atlantic Avenue Overlay District, 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 criteria set forth in Section 2.4.5(D)(5) and Chapter 3 of the Land Development Regulations. C. Recommend denial of the Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning From GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District) for properties generally located on the north and south sides of West Atlantic Avenue between NW/SVV 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District, by finding that the request and approval thereof is inconsistent with the Comprehensive Plan and do not meet criteria set forth in Sections 2.4.5(G)(5) and Chapter 3 of the Land Development Regulations. Recommend to the City Commission approval of Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District), for properties generally located on the north and south sides of West Atlantic Avenue between NW/SVV Is~ Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District, 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 criteria set forth in Section 2.4.5(D)(5) and Chapter 3 of the Land Development Regulations. Attachments: · Current & Proposed Future Land Use Map · Current & Proposed Zoning Map CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #3 Future Land Use Element Revised Table L-7 - Land Use Designation/Zoning Matrix SD #3 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #4 Transportation Element Existing Transportation Element Map #17, Intermodal Facilities SD ~ COMPREHENSIVE PLAN DELFIA Y BEACH, FLORIDA 5-'W 23, ~V~ J~ / N.T.$. r PALM ~ ~F- - -.- ~ -.~ SATELLITE NE 1 ST F ~ i ( FACILffY · ATLANTIC ~ s, OCEAN I_1 LOWSON BLVO (S 10 ST) I Jj UNTON BLVD pARK-N-RIDE LOT SOURCE: PALM TRAN, PALM BEACH COUN1Y BOARD OF COUN1Y COMMISSIONERS, INTERMODAL FA£1LITIE5 MAP #17 LEGEND, ~- ROUTE 24 --- ROUTE TR7 ----- ROUTE 3 APRIL 2001 ~- ROUTE 2 ~- ROUTE ls · - EXISTING FACILITY ~- ROUTE 26 ~.- ROUTE 25 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #5 Transportation Element Updated Transportation Element Map #17, Intermodal Facilities SD #5 COMPREHENSIVE PLAN DELRA Y BEACH, FLORIDA , i ,r----I~ ,,,,.,, ,~ i 2 F ' ', ', II I CITY LIMITS SOURCE: PALM TRAN, PALM BEACH COUNTY BOARD OF COUI',I'iY COMMISSIONERS. INTERMOOAL FAEILITIE5 LEGEND~ ~- ROUTE 81 ----- ROUTE 5 MAY 2004. ~- ROUTE 2 ~- ROUTE I · - EXISTING FACILITY ~- ROUTE 80 ~-,- ROUTE 70 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #6 Housing Element Existing Map #22, Residential Neighborhood Categorization SD #6 COMPREHENSIVE PLAN DELRA Y BEACH, F~~RIDA . .vz ._,o~ . , ~ s,. 2 ~ ~'ll .J..--l l II STB L-58 CANAL C-15 CANAL I ~ m ~TB~ l CATEGORIZATION MAP -- ~'~ I MAP ~22 ~GEND: STB - ST~LE RHB - RE~BI~ATION ~ oF ~Y e~H. ~ STB~ - STABILI~TION RDV - RED~ELOPMENT P~l~ · zo~ ~RL ~0~ R~ -- R~IT~I~TION CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #7 Housing Element Updated Map #22, Residential Neighborhood Categorization SD #7 COMPREHENSIVE PLAN DELRA Y BEACH, FLORIDA ~ ~' ~ ' - L-50 CANAL A~ANTIC1 A~. .. J I S.W. 2ND ST I t I I I / S' a j ~ STB ~ ~ STB L-58 CANAL ~ RESIDENTIAL NEIGHBORHOOD // ~ ~ EATE~ORiZATION ~AP ~'~ I ~AP ~22 LEGEND: STB - ~ABLE RHB - REHABILITATION c~ ~ oilY a~. ~ STB~ - STABILI~TION RDV - RED~ELOPMENT ~NING ~ ZONING ~Y 2~ ~ - R~ITALI~TION IIIII I I II III1'1 II1~ HIIIIFIIIII'II .......... If ..... I CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #8 Capital Improvement Element Existing Table CI-CIP, Five Year Capital Improvements Schedule For Projects > $25,000 SD #8 TABLE Cl-ClP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS · ~;25~000 RECREATION IMPACT FEE Delray Swim & Tennis Club Ph II 164,000 700,000 0 0 0 Delray Swim & Tennis Club Ph II -Eqip 0 50,000 0 0 0 TOTALS: $164,000 $750,000 $0 $0 $0 COMMUNITY DEVELOPMENT FUND Land Acquisition 30,000 0 0 0 0 Bikepaths/Sidewalks 105,000 0 0 0 0 TOTALS: $135,000 $0 $0 $0 $0 BEAUTIFICATION TRUST FUND Federal Highway Medians 40,000 0 0 0 0 Swinton Ave Phase II 250,000 0 0 0 0 Linton Blvd (Congress & Military Trail) 292,500 0 0 0 0 Exotic Tree Removal 35,000 30,000 30,000 0 0 Pineapple Grove Uplights 30,000 0 0 0 0 Computerized Irrigation System 25,000 25,000 25,000 25,000 0 Fire Headquarters Entrance Upgrade 55,000 0 0 0 0 City Wide Tree Trimming - Equipment 0 0 0 133,000 0 TOTALS: $727,500 $55,000 $55,000 $158,000 $0 BEACH RESTORATION FUND Surveys 38,935 40,492 42,112 43,797 45,548 Engineering 0 0 0 278,000 93,000 Beach Tilling 12,000 12,360 12,720 0 0 Construction - Bid 0 0 0 0 23,500 Post Construction Environ I 0 0 0 0 265,000 Sea Turtles Monitoring 27,305 27,300 27,300 16,300 16,300 Dune Revegetation 50,000 0 0 0 Update Geotech 0 0 0 150,000 0 TOTALS: $128,240 $80,152 $82,132 $488,097 $443,348 GENERAL CAPITAL IMPROVEMENTS Streets, Alleys, Parking Lots, Bridges & Sidewalks Street Reconstruction 100,000 100,000 140,000 150,000 150,000 Sidewalks/Swales 0 0 50,000 50,000 50,000 Downtown Parking Lots 0 0 110,000 0 0 Traffic Calming 52,000 100,000 100,000 104,000 104,000 Ne 4th Ave-E Atlantic Ave to NE 2nd St 0 626,000 0 0 0 Transit Stops Bus Shelters 266,200 0 0 0 0 Royal Palm Drive 100,000 0 0 0 0 Osceola Park 483,000 483,000 0 0 0 Country Club Acres 360,000 0 0 0 0 Atlantic Ave/NW 24th Ave Tum Lanes 250,000 0 0 0 0 SW 2nd Av-SW 1st St to Atlantic Av 115,000 0 0 0 0 SE-NE 1st Street One-Way Pair 105,000 700,0001 0 0 0 Bridge - Linton Bird Tender House 141,000 01 0 0 0 SW 1st Av-SW 1st St to W Atlantic Av 0 0 ! 0 0 115,000 Dotterel Road-Audubon Blvd to N End 0 0 0 403,000 0 Dixie Highway-US 1 Connector 0 106,000 0 0 0 Pineapple Grove-Sidewalks 0 0 0 0 173,000 Building Construction/Rehabilitation Public Works-Storage Building/Fire Bay 0 271,000 0 0 0 Delray Beach Library Building 6,500,000 0 0 0 0 Old School Square-Hurricane Shutters 0 0 247,000 0 0 Cemetery Maintenance Building 0 0 0 115,000 0 Fire-Rescue/Police Training Facility 250,000 250,000 0 0 0 Beautification SW-NW 5th Av-SW 1st St to NW 2nd St 1,450,000 0 0 0 0 SE-NE 5th Av & 6th Av-SE 4th St to NE 4th St 100,000 750,000 5,000,000 0 0 W Atlantic Av- Ph III 0 2,013,000 0 0 0 W Atlantic Av - Ph IV 0 0 1,725,000 0 0 SE 2nd St-S Swinton Av to FEC X-ing 0 0 0 0 173,000i Parks & Recreation Facilities Tennis Center-Equipment Storage Enclosure 0 0 0 0 70,000: Tennis Center-Rehab Clay Courts 0 50,000 50,000 50,000 50,000 Tennis Center-Replace Stadium Seats 0 0 0 0 70,000 Tennis Center-Equipment 0 0 0 0 125,000 Pompey Park/community Center Bleachers 0 55,000 0 0i 35,000 Intracoastal Park 1,000,000 0 0 0 0 Parks-Replace Playground Equip. 75,000 30,000 0 0 30,000 Parks-Parking Lots 0 0 140,000 0 0 Plumosa Park 225,000 0 0 0 0 [Revised by Amendment 04-1] CI-28 TABLE CI-ClP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > ~;25~000 Men'itt Park 0 0 30,000 0 0 Parking Meters-Multi-Space Metedng 0 0 225,000 0 0 Old School Square Maintenance 36,000 0 0 0 0 Miller Park-Parkipg Lot Expansion 0 0 0 90,000 0 Miller Park Storage Building 0 0 0 175,000 0 Miller Park-Fence Replacement 0 0 0 120,000 0 Office Expansion/Park Maintenance 0 0 0 50,000 0 Building & Equip. Renewal & Replacement City Hall Space Study 75,000 0 0 0 0 Building Maintenance 100,000 100,000 150,000 150,000 150,000 Roof Repair & Replacement 103,000 0 40,000 0 284,500 HR Remodeling 0 0 79,000 0 0 R&R-Computer Equipment 150,000 150,000 150,000 150,000 150,000 Software License/Upgrade 150,000 180,000 180,000 180,000 180,000 Fire - Additional Parking 0 0 0 120,000 0 Fire-SCBA Upgrade 36,700 0 0 0 0 Fire-MDT for FD Vehicles - Repeatem 310,000 0 0 0 0 Fire-Space AIIoication & Design-FD Headquartem 0 0 42,000 0 0 Fire-Upgrade Generator FS #1 & 2 01 200,000 0 0 0 Police Hurricane Shutters 0i 50,000 0 0 0 Police-New Phone System 180,000 0 0 0 0 Police-Replacement Laptop Computers 0 0 150,000 250,000 200,000 Police-Citrix License 0i 0 0 0 39,000 Police - Upgrade Cellular Data Package 75,000 0 0 0 0 Public Works - Fleet Maintenance Software 62,000 0 0 0 0 iSeries Server-Police & City Hall w/Redundancy 460,000 0 0 0 0 Interactive Voice Response System 50,000 0 0 0 0 Intrusion Detection System 0 0 0 0 48,000 MS Content Management Licence-City Web Server 74,000 0 0 0 0 MS Server License Agreement 50,000 28,000 28,000 28.000 28,000 Replacement Internal Building Data Cabling 0 0 200,000 200.000 0 Web-Enabled Applications 0: 0 0 0 76,000 Citrix Metaframe 21,000 110,000 50,000 50,000 21,000 City Clerk-Paperless Agenda 0 46,200 0 0 0 City Commission Chambers Modernization 0 0 0 0 218,700 Other Miscellaneous Lifeguard Towers 0 0 90,000 0 0 Neighborhood Enhancement 150,000 200,000 200,000 200,000 200,000 Fire-Substations Wireless Network 0 42,000 0 0 0 Beach Pavilion at AIA & Atlantic Avenue 0 0 0 0 175,000 TOTALS: $t3,654,900 $6,640,200 $9,176,000 $2,635,000 $2,915,200 CITY MARINA FUND Pier Construction 100,000 0 0 0 0 TOTALS: $100,000 $0 $0 $0 $0 WATER/SEWER NEW CAPITAL OUTLAY Neighborhood Park-SW 6th Street 26,000 0 0 0 0 SCRWTDB Pelletization Project 500,000 1,000,000; 1,000,000 0 0 iCounty Club Acres Improvements 475,000 0: 0 01 0 Sludge Thickener-Additional 0 400,000 0 0 0 W Atlantic Ave Phase Ill-Water Main 0 120,000 0 0 0 West Atlantic Phase IV-Water Main 0 0 120,000 0 0 Greenbrier Drive-Sewer 0 0 117,000 0 0 TOTALS: $1,001,000 $1,520,000 $1,237,000 $0 $0 WATER/SEWER CONNECTION FEES Hospital Agreement 45,000 45.000 0 0 0 SCRWTDB Reclaimed Water System Expansion 312,500 500,000 500,000 500,000 500,000 Reclaimed Water Transmission System 1,701,592 600,000 600,000 0 0 TOTALS: $2,059,092 $1,145,000 $1,100,000 $500,000 $500,000 WATER/SEWER RENEWAL & REPLACEMENT FUND Other Repair & Maintenance 214,000 214,000 165,500 165,500 165,500 Lift Station Cony Submersible 100,000 100,000 100,000 100,000 100,000 Manhole Rehabilitation 50,000 50,000 50,000 50,000 50,000 Water Main Rehabilitation 270,000 215,000 270,000 270,000 270,000 Sewer Main Rehabilitation 500,000 .500,000 500,000 500,000 500,000 Computer Equipment 40,000 0 0 0 0 Other Machinery & Equipment 35,000 155,000 120,000 0 0 Water Main-SW 12th Av/SW 11th Av/SW 3rd St 486,000 0 0 0 0 Water Main-Lake Ida Area 287,000 254,000 0; 0 0 Water Main-Osceola Park 331,000 331,000 0 0 0 [Revised by Amendment 04-1] CI-29 TABLE CI-ClP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > }25~000 Water Main-Palm Trail Neighborhood 204,000 0 414,000 0 0 Water Main-SW 3rd St/SW 3rd Av/SW 6th Ay 0 497,000 0 0 0 Water Main-SR A1A-E Atlantic Av to Pelican Ln 0 458,000 0 0 0 Water Main-SR A1A-Casuadna Rd to E Atlantic Ave 0 304,000 0 0 0 Water Main-SW 10th & SW 15th Ave 0 0 238,000 0 0 Water Main- North Lake Ida Area 0 0 228,000 0 0 Water Main-Seasage/Melaleuca/Tamadnd 0 0 248,000 0 0 Water Main-US 1-SE 10th St to E Atlantic Ave 0 0 0 546,000 0 Water Main-SE 1st Av-SE 3rd St to E Atlantic Ave 0 0 0 0 186,000 Water Main-US 1-E Atlantic Ave to George Bush Bird 0 0 0 0 546,000 Water Main-Sw 11th & SW 12th Avenue 0 0 0 0 147,000 Water Main-NW 12th St & Grove Way 0 0 0 0; 393,000 Water Main-Delray Shores Neighborhood 0 0 0 01 673,000 Water Main-Dixie Highway-US I Connector 0 55,000 0 0 0 ASR Well Pump Repl & Well Development 100,000 0 0 0 0 TOTALS: $2,617,000 $3,133,000 $2,333,500 $1,631,500 $3,030,500 MUNICIPAL GOLF COURSE Other Machinery & Equipment 50,000 60,000 70,000 80,000 90,000 TOTALS: $50,000 $60,000 $70,000 $80,000 $90,000 LAKEVlEW GOLF COURSE Other Mach. & Equipment 0 0 25.000 30.000 35.000 TOTALS: $0 $0 $25,000 $30,000 $35,000 STORMWATER UTILITY General Stormwater Repairs 33.550 50.000 50.000 50.000 50.000 Swale Reconstruction 0 0 150.000 150.000 150.000 Tropic Isles CB R&R 50.000 125.000 0 0 0 NE 4th Ay- E Atlantic Av to NE 2nd St 0 370.000 0 0 0 Lake Ida Area 90.000 90.000 0 0 0 SW-NW 5th Ave-SW 1st St to W Atlantic Ave 100,000 0 0 0 0 Osceola Park 228,000 351,000 0 0 SW 2nd Ave-SW 1st St to W Atlantic Ave 86,000 0 0 0 0 Royal Palm Drive 73,000 0 0 0 0 DixieHighway-US 1 Connector 0 30,000 0 0 0 NE 4th St-NE 5th Ave to NE 6th Ave 0 138,000 0 0 0 Pump Station Rehab 0 100,000 150,000 250,000 100,000 Rainberry Woods 100,000 0 0 0 Thomas St Pump Station Modifications 0 109,000 0 0 0 Seasage/Melaleuca/Tamarind 0 0 518,000 0 0 Dotteral Road-Audubon Bird to N End 0 0 0 54,000 NE 4th St 0 0 0 109,000 0 SE 2nd St-S Swinton Ave to FEC X-ing 0 0 0 0 138,000 SW 1st Ave-SW 1st St to W Atlantic Ave 0 0 0 0 86,000 TOTALS: $660,550 $1,463,000 $868,000 $613,000 $524,000 CENTRAL GARAGE FUND Vehicle Replacement 654,320 1,100,000 1,175,000 1,250,000 1,750,000 Vehicle Restoration 85,000 85,000 85,000 85,000 85,000 Fire-ALS Rescue Replace 184,340 193,500 203,300 213,465 i 224,200 Fire-Ladder Truck Replacement 336,000 0 0 01 0 Fire-Equipment Pumper Replacement 354,400 0 0 400,800; 0 Fira-Speclal Operation Truck 0 0 345,000 0 0 Transfer to General Fund-Fire Ladder Truck 215,000 0 0 0 0 TOTALS: $1,829,060 $1,378,500 $1,808,300 $1,949,265 $2,059,200 [Revised by Amendment 04-1] Cl-30 CiTY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #9 Capital Improvement Element Updated Table CI-ClP, Five Year Capital Improvements Schedule For Projects > $25,000 SD #9 TABLE Cl-ClP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > ~25~000 RECREATION IMPACT FEE Delray Swim & Tennis Club Ph II 164,000 700,000' 0 0 0 Delray Swim & Tennis Club Ph II -Eqip 0 50,000 0 0 0 TOTALS: $164,000 $750,000 $0 $0 $0 COMMUNITY DEVELOPMENT FUND Land Acquisition 30,000 0 0 0 0 BikepathslSidewalks 105,000 0 0 0 0 TOTALS: $135,000 $0 $0 $0 $0 BEAUTIFICATION TRUST FUND Federal Highway Medians 40,000 0 0 0 0 Swinton Ave Phase II 250,000 0 0 0 0 Linton Blvd (Congress & Military Trail) 292,500 0 0 0 0 Exotic Tree Removal 35,000 30,000 30,000 0 0 Pineapple Grove Uplights 30,000 0 0 0 0 Computerized Irrigation System 25,000 25,000 25,000 25,000 0 Fire Headquarters Entrance Upgrade 55,000 0 0 0 0 City Wide Tree Trimming - Equipment 0 0 0 133,000 0 TOTALS: $727,500 $55,000 $55,000 $158,000 $0 BEACH RESTORATION FUND Surveys 38,935 40,492 42,112 43,797 45,548 Engineering 0 0 0 278,000 93,000 Beach Tilling 12,000 12,360 12,720 0 0 Construction - Bid 0 0 0 0 23,500 Post Construction Environ I 0 0 0 0 265,000 Sea Turtles Monitoring 27,305 27,300 27,300 16,300 16,300 Dune Revegetation 50,000 0 0 0 Update Geotech 0 0 0 150,000 0 TOTALS: $128,240 $80,152 $82,132 $488,097 $443,348 GENERAL CAPITAL IMPROVEMENTS Streets, Alleys, Parking Lots, Bridges & Sidewalks Street Reconstruction 100,000 100,000 140,000 150,000 150,000 Sidewalks/Swales 0 0 50,000 50,000 50,000 Downtown Parking Lots 0 0 110,000 0 0 Traffic Calming 52,000 100,000 100,000 104,000 104,000 Ne 4th Ave-E Atlantic Ave to NE 2nd St 0 626,000 0 0 0 Transit Stops Bus Shelters 266,200 0 0 0 0 Royal Palm Drive 100,000 0 0 0 0 Osceola Park 483,000 483,000 0 0 0 Country Club Acres 360,000 0 0 0 0 Atlantic Ave/NW 24th Ave Turn Lanes 250,000 0 0 0 0 SW 2nd Av-SW 1st St to Atlantic Av 115,000 0 0 0 0 SE-NE 1st Street One-Way Pair 105,000 700,000 0 0 0 Bridge - Linton Blvd Tender House 141,000 0 0 0 0 SW 1st Av-SW 1st St to W Atlantic Av 0 0 0 0 115,000 Dotterel Road-Audubon Blvd to N End 0 0 0 403,000 0 Dixie Highway-US 1 Connector 0 106,000 0 0 0 Pineapple Grove-Sidewalks 0 0 0 0 173,000 Building Construction/Rehabilitation Public Works-Storage Building/Fire Bay 0 271,000 0 0 0 Delray Beach Library Building 6,500,000 0 0 0 0 Old School Square-Hurricane Shutters 0 0 247,000 0 0 Cemetery Maintenance Building 0 0 0 115,000 0 Fire-Rescue/Police Training Facility 250,000 250,000 0 0 0 Beautification SW-NW 5th Av-SW 1st St to NW 2nd St 1,450,000 0 0 0 0 SE-NE 5th Av & 6th Av-SE 4th St to NE 4th St 100,000 750,000 5,000,000 0 0 W Atlantic Av - Ph I11 0 2,013,000 0 0 0 W Atlantic Av - Ph IV 0 0; 1,725,000 0 0 SE 2nd St-S Swinton Av to FEC X-ing 0 0i 0 0 173,000 Parks & Recreation Facilities Tennis Center-Equipment Storage Enclosure 0 0 0 0 70,000 Tennis Center-Rehab Clay Courts 0 50,000 50,000 50,000 50,000 Tennis Center-Replace Stadium Seats 0 0 0! 0, 70,000 Tennis Center-Equipment 0 0 0! Of 125,000 Pompey Park/Community Center Bleachers 0 55,000 Of Of 35,000 Intracoastal Park 1,000,000 0 0 0 0 Parks-Replace Playground Equip. 75,000 30,000 0 0 30,000 Parks-Parking Lots 0 0 140,000 0 Plumosa Park 225,000 0 0 0 Merritt Park 0 0 30,000 0 CI-28 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > }25~000 Parking Meters-Multi-Space Metering 0 0 225,000' 0 0 Old School Square Maintenance 36,000 0 0 0 0 Miller Park-Parking Lot Expansion 0 0 0 90,000 0 Miller Park Storage Building 0 0 0 175,000 0 Miller Park-Fence Replacement 0 0 0 120,000 0 Office Expansion/Park Maintenance 0 0 0 50,000 0 Building & Equip. Renewal & Replacement City Hall Space Study 75,000 0 0 0 0 Building Maintenance 100,000 100,000 150,000 150,000 150,000 Roof Repair & Replacement 103,000 0 40,000 0 284,500 HR Remodeling 0 0 79,000 0 0 R&R-Computer Equipment 150,000 150,000 150,000 150,000 150,000 Software License/Upgrade 150,000 180,000 180,000 180,000 180,000 Fire - Additional Parking 0 0 0 120,000 0 Fire-SCBA Upgrade 36,700 0 0 0 0 Fire-MDT for FD Vehicles - Repeaters 310,000 0 0 0 0 Fire-Space AIIoication & Design-FD Headquarters 0 0 42,000 0 0 Fire-Upgrade Generator FS #1 & 2 0 200,000 0 0 0 Police Hurricane Shutters 0 50,000 0 0 0 Police-New Phone System 180,000 0 0 0 0 ,Police-Replacement Laptop Computers 0 0 150,000 250,000 200,000 Police-Citrix License 0 0 0 0 39,000 Police - Upgrade Cellular Data Package 75,000 0 0 0 0 Public Works - Fleet Maintenance Software 62,000 0 0 0 0 iSeries Server-Police & City Hall w/Redundancy 460,000 0 0 0 0 Interactive Voice Response System 50,000 0 0 0 0 Intrusion Detection System 0 0 0 0 48,000 MS Content Management Licence-City Web Server 74,000 0 0 0 0 MS Server License Agreement 50,000 28,000 28,000 28,000 28,000 Replacement Internal Building Data Cabling 0 0 200,000 200,000 0 Web-Enabled Applications 0 0 0 0 76,000 Citdx Metaframe 21,000 110,000 50,000 50,000 21,000 City Clerk-Paperless Agenda 0 46,200 0 0 0 City Commission Chambers Modemization 0 0 0 0 218,700 Other Miscellaneous Lifeguard Towers 0 0 90,000 0 0 Neighborhood Enhancement 150,000 200,000 200,000 200,000 200,000 Fire-Substations Wireless Network 0 42,000 0 0 0 Beach Pavilion at AIA & Atlantic Avenue 0 0 0 0 175,000 TOTALS: $13,654,900 $6,640,200 $9,176,000 $2,635,000 $2,915,200 CITY MARINA FUND Pier Construction 100,000 0 0 0 0 TOTALS: $100,000 $0 $0 $0 $0 WATER/SEWER NEW CAPITAL OUTLAY Neighborhood Park-SW 6th Street 26,000 0 0 0 0 SCRWTDB Pelletization Project 500,000 1,000,000 1,000,000 0 0 County Club Acres Improvements 475,000 0 0 0 0 Sludge Thickener-Additional 0 400,000 0 0 0 W Atlantic Ave Phase III-Water Main 0 120,000 0 0 0 West Atlantic Phase IV-Water Main 0 0 120,000 0 0 Greenbrier Drive-Sewer 0 0 117,000 0 0 TOTALS: $1,001,000 $1,520,000 $1,237,000 $0 $0 WATER/SEWER CONNECTION FEES Hospital Agreement 45,000 45,000 0 0 0 SCRV~I*DB Reclaimed Water System Expansion 312,500 500,000 500,000 500,000 500,000 Reclaimed Water Transmission System 1,701,592 600,000 600,000 0 0 TOTALS: $2,059,092 $1,145,000 $1,100,000 $500,000 $500,000 WATER/SEWER RENEWAL & REPLACEMENT FUND Other Repair & Maintenance 214,000 214,000 165,500 165,500 165,500 Lift Station Cony Submersible 100,000 100,000 100,000 100,000 100,000 Manhole Rehabilitation 50,000 50,000 50,000 50,000 50,000 Water Main Rehabilitation 270,000 215,000 270,000 270,000 270,000 Sewer Main Rehabilitation 500,000 500,000~ 500,000 500,000 500,000 Computer Equipment 40,000 0! 0 0 0 Other Machinery & Equipment 35,000 155,000 120,000 0 0 Water Main-SW 12th AvlSW 11th Av/SW 3rd St 486,000 0 0 0 0 Water Main-Lake Ida Area 287,000 254,000 0 0 0 Water Main-Osceola Park 331,000 331,000 0 0 0 Water Main-Palm Trail Neighborhood 204,000 0 414,000 0 0 Water Main-SW 3rd StJSW 3rd Av/SW 6th Av 0 497,000 0 0 0 CI-29 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 Water Main-SR AIA-E Atlantic Av to Pelican Ln ___ ! 0 458.000; 0~ 0 Water Main-SR A IA-Casuarina Rd to E Atlantic Ave I 0 304,000~----u 0i- 0 Water Main-SW 10th & SW 15th Ave 0 O! 238,000 01 0 Water Main-North Lake Ida Area ' 0 0 ! 228,0001 0 0 Water Main--Seasage/Melaleuca/Tamadnd !' 0 0! 248 ,000~0 0 Water Main-US 1-SE 10th St to E Atlantic Ave 0~ 0 01 546,0001 0 Water Main-SE 1st Av-SE 3rd St to E Atlantic Ave i 01 0; 0i 0! 186,000 Water Main-US 1-E Atlantic Ave to George Bush Blvd 01 0 0i 01 546,000 Water Main-Sw 11th & SW 12th Avenue0i,0! 0i 0! 147,000 Water Main-NW 12th St & Grove Way 0', 00 0! 00[ 393,000 Water Main-Delray Shores Neighborhood 01 01 673,000 Water Main-Dixie Highway-US I Connector 0; 55,0001 0[ 0!, 0 ASR Well Pump Repl & Well Development : 100,000! 01 01 0[ 0 TOTALS:i $2,617,000' $3,133,000 $2,333,500 i $1,631,500 i $3,030,500 MUNICIPAL GOLF COURSE : Other Machinery & Equipment 50,000 60,000 70,0001 80,000i 90,000 TOTALS::, $50,000 $60,000 $70,0001 $80,000I $90,000 LAKEVlEW GOLF COURSE ~ Other Mach.& Equipment ! 0: 01 25,000~ 35,O0O TOTALS:; $0 $0 $25,000 $30,000 i $35,000 STORMWATER UTILITY General Stormwater Repairs 33,550': 50,000 50,000 50,000. 50,000 ;Swale Reconstruction 0i 0 150,000 150,000 150,000 Trop,c Isles CB R&R 50,000' 125,000 0 0 0 NE 4th Av- E Atlantic Av to NE 2nd St 0 370,000 0 0! 0 Lake Ida Area 90,000 90,000, 0 01 0 SW-NW 5th Ave-SW 1 st St to W Atlantic Ave 100,000 01 0 0i 0 Osceola Park 228,000 351,000: 0 0 SW 2nd Ave-SW 1st St to W Atlantic Ave 86,000 0! 0 01 0 Royal Palm Drive 73,000 0; 0 0 0 DixieHighway-US 1 Connector 0 30,0001 0 0 0 NE 4th St-NE 5th Ave to NE 6th Ave 0 138,000. 0 0 0 Pump Station Rehab 0 100,000 150,000 250,000 100,000 Rainberry Woods 100,000 0 0 0 Thomas St Pump Station Modifications 0 109,000 0 0 0 SeasagelMelaleuca/Tamarind 0 0 518,000 0 0 Dotteral Road-Audubon Blvd to N End 0 0 0 54,000 0 NE 4th St 0 0 0 109,000 0 SE 2nd St-S Swinton Ave to FEC X-ing 0 0i 0 0 138,000 SW I st Ave-SW I st St to W Atlantic Ave 0 ! 0 i 0 0 86,000 TOTALS: $660,550 I $1,463,°°°1 $666,000 $6t3,000 I $524,000 CENTRAL GARAGE FUND Vehicle Replacement 654,320 1,100,000 1,175,000 1,250,000 1,750,000 Vehicle Restoration 85,000 85,000 ! 85,000 85,000 85,000 Fire-ALS Rescue Replace i 184,340 193,5001 203,3001 213,465 224,200 Fire-Ladder Truck Replacement i 336,000 0 0; 0 0 Fire-Equipment Pumper Replacement i 354,400 0 0 i 400,800 ~ 0 Fire-Special Operation Truck i 0, 0 345,0001 01 0 Transfer to General Fund-Fire Ladder Truck 215,000' 0 0ti 01 0 TOTALS:I $t,829,060 : $1,378,600 $t,608,300 i $1,949,265 $2,059,200 PARKS AND RECREATION BOND ' ; Neighborhood Parks i 3,450,000' 825,000 Soccer Complex ~ ~ 107,000 2,618,000 : Weslem Community Center 820,000 I 2,980,000 I Catherine Strong Community Park 2,000,000 Swim & Tennis Club 700,000 Pompey Park Building Expansion 20 000 70,000 410,000 Bexley Park 5010001 450,000 Boy Scout Hut Park 350,000 Lake Ida Park 425,000 Cornell Park 150,000 i Community Center/Pompey Park 40,000 260,000 75,000 :, Beach Furniture I I 200,000 Existing Park Upgrades ; Old School Square~i 4,540,000: 2,460,000 Library I i 1,000,000 TOTALS:! $12,545,000.00 i $ 5,447,000.00 $ 6,008,000.00 I " CI-30 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #10 Capital Improvement Element Existing Table SD-CIP, School District of Palm Beach County Six Year Capital Improvement Schedule SD #t0 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #11 Capital Improvement Element Updated Table SD-CIP, School District of Palm Beach County Six Year Capital Improvement Schedule SD #t t CiTY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #12 Public Schools Facilities Element Existing Public School District Map Series SD #t2 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #13 Public Schools Facilities Element Updated Public School District Map Series SD #'13 CITY OF DELRAY BEACH, FLORIDA $~$PP~RT _nOC~_~MS:NT #14 Public Schools Facilities Element Existing Appendices SD #t4 PUBLIC SCHOOL FACILITIES ELEMENT. CONCURRENCY SERVICE AREA TABLES APPENDIX A PS - 48 PUBLIC SCHOOL FACILITIES ELEMENT ENROLLMENT CAPACITY & SHORTFALL TABLE APPENDIX B PS - 51 PUBLIC SCHOOL FACILITIES ELEMENT SCHOOL ATTENDANCE ZONE MAPS APPENDIX C PS - 53 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #15 Public Schools Facilities Element Amended Pages to Reflect updated School District Documents SD #t5 PUBLIC SCHOOLS FACILITIES ELEMENT OF THE COMPREHENSIVE PLAN CITY OF DELRA Y BEACH A. INTRODUCTION 1. Overview. The Palm Beach County, the School District of Palm Beach County, and 26 participating local governments within the school district have chosen to implement public school concurrency, requiring each local government to adopt consistent comprehensive plan amendments. The amendments include the following: · The proposed Public Schools Facilities Element and the accompanying data and analysis to meet the minimum criteria for the Element set forth in Rule 9J-5.025, F.A.C., for the purpose of imposing school concurrency. It is intended to assure coordination among the County, local governments, and the School District so that school capacity at the adopted level of service standard is available at the time of the impacts of development. · The Capital Improvement Element to incorporate a financially feasible capital improvement plan for school concurrency, setting forth a six-year financially feasible public school capital facilities program that demonstrates that the adopted levels of service will be achieved and maintained. · The Comprehensive Plan Map Sedes to incorporate nine new maps depicting the proposed Concurrency Service Areas (CSA) and other information required by the rule. These amendments were adopted by~, .......... ~ ,., ~.~w_'~ ~'-,-,~, *'-'-.,,~ Special Amendment 2001-3 (01-3). The ~ Plan amendments for school concurrency are submitted along with an executed Interlocal Agreement which satisfy the requirements of ss.163.3177(6)(h)1, and 2., F.S., and ss.163.3180(13)(g),F.S., establishing processes for intergovernmental coordination and collaborative planning among the School District, the County and the 26 participating municipalities. The Public Schools Facilities Element (PSFE) and related comprehensive plan amendments to establish public school concurrency are based upon the following data and analysis pursuant to requirements of Rule 9J-5.005(2), F.A.C. and Rule 9J- PS- 1 5.025(2), F.A.C. The principal source of data and analysis is provided by the School District of Palm Beach County in its adopted FY200! FY2005 Five-Year Capital Facilities Plan and FY 200! Capital Budget,--Ju,~e~-~.99~. (CIE Table SD-CIP) 2. School District of Palm Beach County FY 2001-2005 Five-Year Plan and FY 2001 Capital Budget (Five-Year Plan). The School District facilities and capital requirements are presented in the current adopted FY200!-FY2005 (F!vc Yc~r P!~.q) =.-.d FY 200! C=p!ta! 9udg~t Five-Year Plan and Capital Budqet pursuant to s. 235.185 Florida Statutes, and the Educational Plant Survey. The Five-Year Plan describes the status of the existing facilities, economics, and enrollment trends of the School District. Each planning zone depicts its area's schools grouped by school type. Special Schools with district-wide boundaries are grouped in Planning Zone 19. Additionally, the Five-Year Plan presents school facility planning, considering the District's facilities goals, capital requirements and funding mechanisms. The Five-Year Plan is organized to present facilities information by high school planning zones for the purpose of determining enrollment, capacity calculations, and educational program considerations with evaluations of each facility's issues. Further, the Five-Year Plan provides descriptions of the School District's budgeted projects. Revenue sources are also discussed in the document along with alternative funding options. The Five-Year Plan details each school facility's existing enrollment, the existing School Student Capacity (FISH), and existing level of service (LOS) (% of utilization) within the high school planning zones. Demographic information and enrollment projections are provided in the Five-Year Plan. 3. Six Year Capital Improvement Schedule. In order to provide compatible financial feasibility between the School District's Five- Year Plan and the City of Delray Beach's required 5-Year Capital Improvement Program, the School District's Five-Year Plan was extended to project revenues and expenditures for a sixth year in the initial planning period. This information in total has been added to the Capital Improvement Element of the City of Delray Beach's Comprehensive Plan as: Table SD-CIP - School District of Palm Beach Six Year Capital Improvement Schedule. B. SERVICE AREAS SCHOOL CONCURRENCY SERVICE AREAS (CSA) For the purposes of measuring school concurrency on a less than district-wide basis, twenty-one (21) Concurrency Service Areas (CSA) are being established in the School District. The Interlocal Agreement directs that school attendance boundary adjustments will be made for each school facility within a CSA to achieve the adopted LOS, maximize school utilization, and establish travel times which do not exceed those set in School Board Policy 7.13 for elementary and secondary schools. PS - 2 1. Concurrency Service Area Map. Pursuant to Rule 9J-5.025(4)(c), F.A.C., school concurrency service areas which are less than district-wide must be depicted in the Comprehensive Plan. One of the proposed maps in the Comprehensive Plan Map PS 1.1, depicts the School Concurrency Service Areas (CSA). 2. Criteria to establish Concurrency Service Areas. The physical boundaries of the CSAs are delineated in the Implementation Section of the Public Schools Facilities Element. For school concurrency service areas on a less than district-wide basis, Palm Beach County is divided into twenty-one CSAs. The CSA boundaries are described as bounded by section lines, major traffic-ways, natural barriers and county boundaries. In addition, each CSA boundary was delineated .. considering school locations, student transporting times, and to a lesser extent the future land uses in the area. Consistent with s.163.3180(13)(c)2.,F.S., changes to the CSA boundaries shall be made only by amendment to the Public Schools Facilities Element and are exempt from the limitation on the frequency of plan amendments. 3. Concurrency Service Area Tables. Based on the District's Five-Year Plan, the School District Planning Zones (high school planning zones) data was used to create the CSA tables to present capacity, projected enrollment, and utilization of the School District's facilities as required by Rule 9J- 5.025(2)(e) and Rule 9J-5.025(3)(c)7, F.A.C., for School Concurrency ~'-'- A .... ,~v ~ The twenty-one CSAs have been developed consistent with s.163.3180(13)(c)2., F.S., required when the school concurrency service area is less than district-wide. The CSA tables have also been added as an appendix to the current Five-Year Plan. Under the title of each table there is a reference to the School District Planning Zones where the information was taken from and where detailed data is depicted. Each CSA Table presents a specific CSA with its school facilities by type. As depicted on the CSA Tables, the data requirements for portions of Rule 9J-5.025(2) (b), (c) and (e), F.A.C., for the Public Schools Facilities Element are specifically addressed in each CSA. The CSA Tables provide the following school data by CSA and by school type consistent with Rule 9J-5.025, F.A.C.: (1) The projected enrollment, capacity and projected level of service (% of utilization) by year for the six year planning period. (2) The targeted actual LOS of 110% is achieved countywide in school year 2004-O5. PS - 3 (3) The total projected school facility surpluses and deficiencies by year for the six-year planning period based on projected enrollment by school type. Enrollments, capacities and utilizations are shown adjusted per year as the school improvements are anticipated to be completed. (4) The means by which the enrollment is stabilized and the adopted LOS is attained through redistribution of students by boundary adjustments or school construction or other capital improvements. (5) The school facilities planned for each CSA to accommodate projected enrollment at the Tiered Level of Service (LOS) standard each year projected for the first four-year period, then at the adopted LOS for the fifth year of the initial planning period. School utilization does not exceed the .- targeted 110% LOS in the sixth year. (6) The notes provided at the bottom of each CSA Table page describe the provision of school facilities by type to be newly opened or modernized to provide for future enrollment or enrollment relief for existing schools within the CSA and schools in adjoining CSAs. Further analysis of the adequacy of the level of service conditions is located within the School District's current adopted Five-Year Plan FY290! FY2005 (F!w Y~ar P!an) and FY 200! Capital Budget.--~me-24~. As indicated in the CSA Tables, the program and boundary adjustments necessary to effectively utilize capacity may occur at any time. C. SCHOOL DISTRICT OF PALM BEACH COUNTY DISTRICT-WIDE LONG RANGE PLANNING 1. Enrollment. In the 2000-01 school year, the School District serves 151,000 K-12 students through regular and special programs and partnerships in a variety of facilities. There are more than 147,000 students served in schools with boundaries and/or magnet programs at regular schools measured in the Concurrency Service Area Tables ;" A .... ,~;v ~ The Table Enrollment Capacity & Shortfall/Surplus for 04/05, 09/10, &19/20 /A .... ,~;v I,, ,p'l-'v' B-), provides information regarding total projected enrollments and corresponding school facilities needed for each CSA to accommodate the adopted level of service standard for the end of the initial five year period and long range planning period of ten and twenty years. The tables list the total enrollments, capacity, and shortfall or surplus by school type District-wide. Population shifts which may result in adjustments to school attendance zones and CSA total enrollments, require the School District to determine the number of school facilities needed district-wide. Based on the total long range projected enrollment for each type of school, the table shows the projected facilities needed district-wide for elementary, middle and high schools. PS - 4 The CSA Tables also reflect the 2,147 students enrolled in alternative and special schools. Students are assigned to these schools without regard to attendance zones. In addition, the CSA Tables show 728 students participating in programs not based in School Districts Facilities. 2. Additional Capacity and Ancillary Plants. For the end of the initial planning period, the required Map Series PS 3.1 c,",d PS 3.2 depict the locations of proposed schools with confirmed sites and the planned schools without confirmed sites. ^':'~;*:""":'y, Map Dq -~ o o~,,, ....... ill,~., {,-~,',;IH-; ..... ;*h c,H-,~e, ~.,~ be dcterm!ned. The long range facility demand maps PS 3.3 and PS 3?. shows general future demand for schools based on projected population. The facilities required to meet these future demands are anticipated but not yet budgeted. Based on the School District's Five-Year Plan, no ancillary plants are planned to be converted to school facilities for school concurrency purposes. Similarly, the Five-Year Plan shows the School District has no plans to convert any school facility to an ancillary plant. Additionally, the School District is not planning an expansion of any ancillary administration or support facilities with the exception of a bus depot. Currently, educational centers known as Full Service Centers operate out of two ancillary plants. These centers house a variety of public school and non-profit programs that serve preschool children through adults. These programs include Head Start, drop-out prevention and Second Chance Programs, adult education, child care and wellness centers, etc. Ancillary facilities are also utilized for School District Area offices, which support educational activities and are not utilized for the measurement of school concurrency. 3. School Attendance Zones, Existing district-wide school attendance zones for each school facility are provided by school type on School Attendance Zone Maps/A 4. District-wide Programs - Special, Alternative, and Supplemental Programs. The School District of Palm Beach County offers a range of special, alternative, and supplemental educational programs on a district-wide basis. In the Five-Year Plan, the planning zone entitled "Planning Zone 19: Special, Alternative, and Supplemental Programs" analyzes a variety of programs offered in the special and alternative school setting. These programs operate at the discretion of the School Board in a range of different facilities with district-wide boundaries. The number of students served, where they are housed, and integration with the regular programs, are all choices driven by District policies and budgets. Planning for these programs is an essential component to long range planning for school buildings. Special programs affect school enrollment, capacity, utilization and building design. PS - 5 The alternative and special schools serve more than 2,100 students. Students are assigned to these programs without regard to attendance zones. The enrollment in the programs is projected to be stable for the 5-year planning period. Facilities Plans and recommendations to accommodate these programs during the next five years are to be completed for the current adopted Five-Year Plan FY 2002 2006 /~;,,,~ v,~.~,. D~,,-,~ They will identify where programs are or will be located, how many students will be served at each facility, and other special facilities needs. 5. Charter Schools Charter schools are considered public schools that operate under a special charter with a school district. A charter school sets its own attendance criteria and selects its own facilities. The State provides funding through a separate formula for its operating and capital budgets directly to the charter schools; therefore, charter schools are not included in the School District's Capital Plan. For the purposes of school concurrency, charter schools cannot be used to determine capacity for residential development. In the 2000-01 school year, 9 charter schools serve 709 students. New applications for additional charter schools have been received for school year 2001-02 that may serve up to a total of 2,800 students. 6. Population District-wide - Projected Enrollment. The projected district-wide school enrollment is based upon the demographic and economic profiles developed by the County which establish the basis for projecting capacity requirements through the initial five year planning period and the end of the long range planning period, consistent with Rule 9J-5.025(2)(b), F.A.C. The School District has experienced an annual enrollment growth of 5% since 1985. This is an average annual increase of approximately 5,000 students each school year. This annual growth rate will be moderated over the next five years. Figures 2 through 6 on pages 1-3 and 1-4 of the School District's current adopted Five- Year Plan FY200! FY2005 (F!,.'c Year Plan) and FY 200! Capital Budget, Ju,",~ 2000, present enrollment projections based upon demographic and economic profiles. Over the next 5 years, the School District's K-12 enrollment is projected to increase by 10,000 +/- students to nearly 160,000. The total enrollment figures have closely tracked the general population trends. Generally, the average annual enrollment increases in the middle and high school age range and is expected to continue for the next three years. Palm Beach County's geographic area is approximately 2,023 square miles. It is comprised of 1,739.4 square miles of unincorporated areas and thirty-seven municipalities within 283.6 square miles. The county has a total population of more than 1.025 million in 1998, with an unincorporated population of more than 465,000 and an incorporated population of nearly 560,000. Since 1940, the County has neady doubled in population every 20 years, with the 2000 population estimated at 1,062,400. Creating the greatest impact on the School District, of the 1.062 million persons who reside in PS - 6 end of the long range planning period, consistent with Rule 9J-5.025(2)(b) F.A.C. The results are cross-verified and compared for variations. (See Enrollment Projections Outline, pg. PS-16) 9. Facility Demand. The projected additional facility demand for long range planning of public school facilities by CS^ and school type is depicted on required future conditions Maps PS 3.3 f~r ~ ....~;~ ~ These surpluses and deficiencies are listed by CSA, representing projocted seats needed (capacity demand). PS - 9 D. LEVEL OF SERVICE ANALYSIS The School District's current adopted Five-Year Plan FY200! FY200§ (F!ve Ye=." P!3n) and FY 200! Capital Budget,-Ju-~e-2-~, provides an analysis of the adequacy of the existing level of service for each school facility within each high school planning zone, describing the physical condition of the facilities in order to develop appropriate level of service standards based on physical conditions and programs pursuant to Rule 9J- 5.025(2)(d) F.A.C. The Five-Year Plan provides the existing enrollment, the existing School Student Capacity (FISH), and existing utilization for each school facility consistent with Rule 9J-5.025(2)(a), F.A.C. The Five-Year Plan's high school planning zones provide an analysis of the schools within each zone and specific project recommendations. ~,-,~,~,~,~;v ^ ,-,~ ,h,, ~.',,,~ v,,,,, D~o. (CSA T-,~,~,,,-~ !.".d!c3tec '"~';"~' h!gh 1. Enrollment Distribution. The public school enrollment in Palm Beach County indicates a range of facility utilization from under capacity to significantly over capacity as measured against the Florida Department of Education Inventory of School Housing (FISH). Thc 2000 200! I-';,,e V~r Dl-'~n c, hn~,c, ,~vic, Hnn c,,-,hnnl ,~};l;=~finn r~nn;nn fr~m Eiscnhower E!ementa~/) *~ ~ high ~ one% (Acreage D;,~ (L~nt3n3 ~;~' *"~ high *~'* f'~ 70% ~ "'~*~' The general distribution of student enrollment across Palm Beach County shows no~h County middle and elementa~ schools at (or moderately over) capacity, and the high schools with generally lower enrollments. These schools are within the Concurrency Se~ice Areas (CSA) 1-6. There is a moderate gro~h rate in no~h County schools; however, the Abacoa area is expected to add significant student gro~h to this area of the County in the next five years. ~ecently proposed developments for the former MacA~hur Foundation lands in the no,hem County, are being proposed with lower densities which traditionally generate a lower number of students. Enrollment in the eastern-central potion of the County (withi~ CSAs ~, ~, 11, 12, 14 and 1G) is stable, but many schools are over capacity with moderate gro~h in enrollment expected to continue. Schools in the central-western potion of the County are operating above capacity and enrollment is expected to grow rapidly as development is anticipated within CSAs 10, and 16. The south-central potion of the County is significantly over capaci~, with all school types being impact~ within CSAs 17, 18, 1~ and 20. This area's enrollment is expected to continue to grow, pa~iculaH~ on the westem potion of these CSAs which are expected to grow rapidly with family oriented homes. The southern section of the County shows school enrollment moderately above capacity, but expected to stabilize within CSA 21. The School District considers the western potion (Glades) of the County to have stable enrollment. PS - 17 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #16 Cottages at Banyan Village FLUM Amendment and Rezoning Staff Report & FLUM Amendment Legal Description SD #t6 FROM: ROBERT G. TEFFT, SENIOR PUANNER '-.~~, ~ SUBJECT: MEETING OF JUNE 8, 2004 PRIVATELY SPONSORED FUTURE LAND USE MAP (FLUM) AMENDMENT FROM LOW DENSITY (LD) TO MEDIUM DENSITY (MD) FOR THE PROPERTIES LOCATED AT THE SOUTHWEST CORNER OF SWINTON AVENUE AND SW 10TM STREET. The subject properties total approximately 8.96 acres and include multiple platted and unplatted parcels located at the southwest corner of Swinton Avenue and SW 10th Street. The properties are presently zoned either R-I-A or CF with an underlying compatible FLUM designation of LD. An application has been submitted for a FLUM amendment from LD to MD. Additional background and an analysis of the FLUM amendment and a related rezoning are provided in the attached Planning and Zoning Board staff report. At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and rezoning requests. After reviewing the staff repod and discussing the proposal, the Board voted 3-1 (Peltzie dissenting) to recommend that the requests be denied, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, specifically Future Land Use Element Objective A-l, Future Land Use Element Policies A-1.7 and C-1.7, and Housing Element Policy A-12.3, and does not meet the criteria set forth in Section 3.1.1 of the Land Development Regulations, Move a recommendation of denial to the City Commission for the privately sponsored request for a FLUM Amendment from LD to MD for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, specifically Future Land Use Element Objective A-l, Future Land Use Element Policy A-1.7 and C-1.7, and Housing Element Policy A-12.3, and does not meet the criteria set forth in Section 3.1.1 of the Land Development Regulations. Attachment: Planning and Zoning Board Staff ReDort of May 17, 2004 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- AGENDA ITEM: m.A. (2. a.) ITEM' Future Land Use Map Amendment from Low Density Residential 0-5 du/ac (LD) to Medium Density Residential 5-12 du/ac (MD) and Rezoning from Single-Family Residential (R-l-A), in part, and Community Facilities (CF), in part, to Multiple Family Residential - 10 du/ac (RM-10) (Quasi-Judicial Hearing). GENERAL DATA: Owner / Applicant .................. Balestderi Development Corp. Agent ............................... Weiner & Aronson, P.A. Location ................................ Southwest Corner of Swinton s.w. Propo~ Sizo ......................... g.O~ Acres Current FLUM Designation .... Low Densi~ Residential 0-5 du/ac ~--- ~ '- Pressed FLUM M~ium Densi~ Residential 5-12 I II t Designaaon .... · ................... d~ac (MD) Current Zoning ................... Single-Family Residential (R-l-A) and Communi~ Facilities (CF) ,o~ s~_ Proposed Zoning ................ Medium Densi~ Residential 10 du/ac (RM-10) Adja~nt Zoning ..... Nodh: Single-Family Residential (R-l-A) South: Single-Family Residential (R-l-A) East: Special Activities Dis~ict (SAD) West: Single-Family Residential (R-l-A) Existing Land Use ................. Vaunt Proposed Land Use .............. FLUM Amendment from LD to MD and Rezoning from R-l-A. in pad, and CF, in pad. to RM-10 as pad of Comprehensive Plan Amendment 20~-02 .o~ Water Se~ ....................... N/A Sewer Se~i~ ..................... :. N/A THE ,PLAZA AT D£LRA Y N II!. A. ~r2. a.} ! The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from Low Density Residential (LD) to Medium Density Residential (MD) and rezoning from Single-Family Residential (R-l-A) and Community Facilities (CF) to Medium Density Residential - 10 dwelling units per acre (RM- 10) for the properties located at the southwest corner of Swinton Avenue and SW 10th Street. Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to a FLUM amendment and Rezoning of any property within the City. The subject properties total approximately 8.96 acres and include multiple platted and unplatted parcels located at the southwest corner of Swinton Avenue and SW 10th Street. The properties are presently zoned either R-I-A or CF with an underlying compatible FLUM designation of LD. Each of the subject properties were at one time zoned R-l-A, however at its meeting of February 6, 1996, the City Commission approved the rezoning of a 7.84 acre parcel from R-I-A to CF to accommodate the Full Gospel Assembly Church. The parcels that remained R-I-A each contained residential structures, while the now CF zoned parcel was vacant. The Full Gospel Assembly Church never established operations on the subject property and has continued to remain vacant. The subject properties were recently sold and subsequently cleared in anticipation of future property development as a multiple-family townhouse project. An application is now before the Board regarding a FLUM Amendment from LD to MD and a Rezoning from R-I-A and CF to RM-10. I This FLUM Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187) as part of Comprehensive Plan Amendment 2004-02. 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. 121 Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The proposed Medium Density Residential- ten (10)dwelling units per acre (RM-10)zoning distdct is consistent with the proposed Medium Density Residential (MD) FLUM designation. Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 2 Multiple-family townhouse developments are allowed in an RM-10 zoning district as a permitted use at a base rate of six (6) units per acre. Increases above that density are only allowed if the subsequent development substantially complies with the performance standards listed in LDR Section 4.4.6(I). Based on the above, positive findings can be made with respect to FLUM consistency. l~ Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves amending the FLUM designation from LD to MD on several adjoining parcels, which total approximately 8.96 acres. The proposed FLUM Amendment will result in an increased impact on adopted concurrency standards. Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic and Water and Sewer are discussed below: Parks and Recreation: Pursuant to Land Development Regulations (LDR) Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Based upon the proposed FLUM Amendment and Rezoning, the maximum allowable density (10 du/ac) would allow 89 dwelling units, thus requiring a park impact fee of $44,500.00. Schools: A School Concurrency Application has been transmitted to the School District of Palm Beach County for their consideration. The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification from the Palm Beach County School District is pending and the receipt of a written finding of approval from the School District is attached as a condition of approval. Solid Waste: The subject properties are presently vacant and therefore currently have no impact on this level of service standard. Assuming the proposed maximum density (10 du/ac), the subject properties will generate 46.3 tons of solid waste per year. The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. Traffic: The applicant has submitted a traffic study based upon the maximum potential density permitted by the proposed FLUM designation of MD (12 du/ac). However, it is noted that the proposed rezoning will limit the maximum density to ten (10) du/ac. The subject properties current FLUM designation of LD would permit maximum densities that would generate 20 A.M. and 23 P.M. peak hour trips. According to the provided traffic study, the proposed FLUM would allow for a development generating 48 AM and 56 PM peak hour trips, an increase of 28 and 33 peak hour trips, respectively. A copy of the submitted traffic study has been transmitted to the Palm Beach County Traffic Division for review. A letter from the Palm Beach County Traffic Division stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance must be received and is attached as a condition of approval. It is anticipated that the proposal will meet traffic concurrency standards. Based upon the above condition of approval being addressed, a positive finding with respect to traffic concurrency can be made. Water and Sewer: Water service can be provided to the site via connection to a 6" water main located within the SW 10th Street right-of-way (north side of the property), a 2" water main located within the Reigle Avenue right-of-way (south side of the property), or a 2" - 8" water main located within the Swinton Avenue right-of-way (east side of the property). It is noted that the 2" water mains may need to be upgraded with the future development of the Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 3 property. Sewer service can be provided to the site via connection to a sanitary sewer main located within either the Reigle Avenue or Swinton Avenue rights-of-way. In order to secure adequate fire suppression, fire hydrants will need to be provided within the development. However, it is noted that fire hydrants exist immediately to the northwest and northeast of the property across SW 10th Street, to the northeast of the property across Swinton Avenue, and to the southeast of the property across Reigle Avenue. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted level of service standard at the City's build-out population, based upon the current FLUM. The proposed FLUM Amendment from LD to MD will increase the demand on these public services; however adequate capacity exists to accommodate the proposal. Thus, a positive finding with respect to this level of service standard can be made. C] 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 Objective A-l: Property shah be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The subject properties contain only one significant environmental characteristic, a large Banyan tree located at the northeast corner of the site. This Banyan tree plays an important role in the character of the property and must be incorporated into the design of any future development proposal for the site. While the proposed development of the property will certainly provide additional housing, it is multiple-family vs. single-family and twice the density of the surrounding single-family land uses to the north, south and west. To the east is Swinton Avenue, the F.E.C. Railroad, Old Dixie Highway and a mixture of uses including office, automotive repair, and single-family dwellings. The automotive repair use is currently nonconforming and the current zoning and Silver Terrace Neighborhood Plan calls for neighborhood commercial uses. While the applicant cites the conditions to the east to justify compatibility, these uses are over 270' away given the combined rights-of-way. Given the above, the proposed use and intensity are not complementary to adjacent uses and therefore constitute grounds to deny the proposed amendment. These concerns are also discussed later with the compatibility analysis of the FLUM amendment. Future Land Use Element Policy 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 Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 4 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 subject property is comprised of several adjoining parcels of land totaling approximatel~ 8.96 acres which are situated at the intersection of two collector rights-of-way (SW 10"' Street and Swinton Avenue). The proposal associated with these properties would change the FLUM designation from LD to MD. The applicant has not provided any data or analysis as to a shift in demographic trends or other circumstances that would support a change to the existing FLUM designation. No changes have occurred immediately adjacent to this parcel which would alter the character and/or FLUM designations of the surrounding area. In fact, the latest change that has occurred was immediately to the north and resulted in the development of affordable single- family homes. This change would support the retention of the existing Low Density land use designation. The applicant has cited numerous Comprehensive Plan objectives and policies; however none of these objectives or policies would be fulfilled by amending the existing FLUM designation. Without any data or analysis in support of, or fulfillment of Comprehensive Plan objective or policy, there is no demonstrated need for the requested FLUM amendment. The lack of a demonstrated need is reason in and of itself to deny the proposed FLUM amendment. Future Land Use Element Policy C-1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is ~[enerally defined as the area bounded by West Atlantic Avenue on the north, SW '10"' Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. Many of the parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub- areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5 is identified as "infill area" consisting of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. The applicant indicates in their justification statement that "increasing residential density and providing affordable and diverse housing for a variety of incomes is a primary goal" of the Redevelopment Plan. The goal actually states "increasing residential density and providing affordable housing for a variety of incomes. ~ This theme of providing affordable housing is noted throughout all sub-areas. The reference to increasing residential densities is aimed Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 5 at sub-areas 1-3. The Redevelopment Plan indicates that in sub-area #5 infill development, housing rehabilitation and code enforcement are recommended. The Redevelopment Plan further states that creative financing and resource development will be required to deliver the product envisioned by community stakeholders without pricing current residents out of the rental and home ownership market. Sub-area #5 is not located within an area specifically recommended for land use actions which would increase residential density, nor is it the intent of this applicant to provide affordable housing on the subject property. The City Commission is currently considering actions which will implement the portion of the Redevelopment Plan (increasing residential densities) referenced by the applicant. These actions are within sub-areas #1 and #2 and will be directly tied to providing the affordable housing envisioned in the plan. Based upon the above, the applicant's opinion that the goals of the Redevelopment Plan would be furthered by the proposed FLUM amendment and associated rezoning is unfounded. Consequently, positive findings with regard to this Comprehensive Plan policy can not be made. Housinq Element Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shah consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shah be modified accordingly or denied. As discussed previously with the Concurrency analysis, the proposed new development will increase traffic in the surrounding area; however this increase does not appear to be substantial. The resulting increase in units will have little impact on the surrounding area with regard to noise, odors, dust, and/or circulation patterns. The Southwest Area Neighborhood Redevelopment Plan notes that this development parcel is located in a relatively stable neighborhood and "strongly recommends infill development and rehabilitation of existing structures. This strategy should increase the availability of affordable housing options.' The introduction of incompatible multiple-family uses within this area is unlikely to enhance stability. Further, if the resulting units were not affordable units, the proposal may destabilize the neighborhood via a gentrifying effect. Based upon the above, positive findings with respect to this Comprehensive Plan policy can not be made. Housinq Element Policy B-2.6: Housing in and near the downtown area, in close proximity to employment opportunities and services, is a critical need. This policy is identified by the applicant in their justification statement indicating that '~he development proposal provides the desired type of moderately priced housing near the downtown area." This policy refers to housing in general; not necessarily housing that is moderately priced. This policy also is directed at housing in and near the downtown area, whereas the subject property is located ten (10) city blocks from the outer edge of the downtown. As previously stated, infill housing consistent with the prevailing single-family land uses is appropriate. Further, affordable housing is a priority. While housing is a result of the proposal it is neither the appropriate type nor intensity. Open Space and Recreation Element Policy A-2.7: The City shaft development a program to establish smafl parks in neighborhoods. The program would include identification of vacant or surplus parcels, and strategies to assure that the neighborhood determines the parameters of the park and is responsible for Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 6 construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces. This is another policy cited by the applicant in their justification statement. In this case the applicant indicates that "as part of this development, a park and gathering spaces will be provided.' Based upon this Comprehensive Plan policy and the applicant's statement, the conclusion that can be drawn is that a portion of the subject property is to be developed as a neighborhood park. If this is not the case and a neighborhood park is not to be provided with this development, it is highly doubtful that private amenities within the development will be made available to those who live outside the development. In either case, this policy has no possible bearing on the proposed FLUM amendment or rezoning. r~ Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The subject properties are bordered by single-family residential neighborhoods on the north, south and west sides all having the same land use designation as the current designation of the subject property (LD). The properties to the east, which make up the Silver Terrace neighborhood, have various land use designations including General Commercial (GC), Transitional (TRN) and MD. While the site is bordered by non-residential uses to the east, these are located more the 270' away given the combined rights-of-way for Swinton Avenue, the F.E.C. Railroad, and Old Dixie Highway. Compatibility with the adjacent single-family residential neighborhoods is a significant concern. The proposed FLUM designation in association with the proposed rezoning would allow a density of ten (10) dwelling units per acre on the subject property, which would be out of character and incompatible with the existing lower density residential neighborhoods that surround this property. A positive finding with respect to Compatibility can not be made and the proposal should be denied. CI Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the 8.96 acre parcel of land can occur in accordance with the City's Land Development Regulations. During the site plan review process the development proposal will be reviewed for compliance with the LDR. The applicant has indicated intent to develop the properties as a multiple-family townhouse development, which is permitted' under the requested RM-10 zoning district and compatible with the proposed MD FLUM designation. At this time no issues have been identified which would prohibit compliance with the requirements of the RM zoning district. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be assumed. 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. CONSISTENCY: Compliance with the performance standards set forth in LDR Section 3.2.2, along with the required findings in LDR Section 2.4.5(D) (5), shall be the basis Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 7 upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable performance standard of LDR 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. The following neighborhoods, their zoning designations, sizes and densities border the subject properties: Zoning Number of .~ Designation Residential Lots Total Acreaqe Density North Bellview Court R-1-A 26 4.84 5.37 Palm State Heights R-1-A 44 10.06 4.37 Noah's Corner R-1-A 11 3.14 3.50 South Southridge (Plat 1 ) R-1-A 94 16.11 5.83 East Silver Terrace SAD 70 12.4 5.64 West Sunset Park R-1 'A 59 10.1 5.84 Average Density = 5.09 R-I-A = Single-Family Residential / SAD = Special Activities District The above table indicates that predominantly all of the surrounding single-family neighborhoods have a density of approximately five (5) dwelling units per acre. It is further noted that the majority of these neighborhoods are nonconforming with regard to minimum lot dimensions and/or areas, which results in densities that would be slightly higher than permitted under the present Land Development Regulations. The Noah's Corner subdivision (AKA Swinton Gardens), which is located at the northwest corner of Swinton Avenue and SW 10th Street directly north of the subject property, has only recently been developed and conforms to all minimum lot dimension and/or area requirements. The density of this single-family neighborhood is generally two (2) dwelling units per acre lower than that of its contemporaries and would be drastically less than the proposed multiple-family development. It is based upon this analysis that the proposed rezoning would result in a land use that is incompatible with the surrounding properties. Thus, positive findings with regard to LDR Section 3.2.2(D) can not be made and furthermore positive findings with regard to overall consistency can not be made. LDR 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 Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 8 (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 and/or neighborhood. The following is an excerpt from the applicant's justification statement: "Two of the three reasons are applicable to this rezoning request. First, item (b) is applicable because there has been a change in circumstances which makes the current zoning of CF inappropriate. Second, item (c) is applicable because the requested zoning of RM-IO is more appropriate for the property based upon circumstances particular to the site and neighborhood". "The proposal to rezone the property to RM-I O is to allow redevelopment of the property for multiple-family purposes. The highest and best use of the property is multiple-family units rather than single-family homes. Given the location of the property and change of circumstances such as the increases in the size of the Linton/Federal retail area, the rezoning and development of other properties in the vicinity to multiple-family and the continued escalation of single-family home prices in Palm Beach County, redevelopment to single-family residences is problematic. To the east of the property are the railroad tracks and across from the railroad tracks are some small business offices. Further south is the Plaza at Delray shopping center. Further to the south of the proposed development is the Tarmac Ready-Mix Plant which is neighbored by other manufacturing businesses such as Eagle Marine Services, Tyler Fabricators and Buchanan Screen. Moreover, the City of Delray Beach Water Treatment Plant tower is clearly visible from the site. Finally, further to the east of the property along SW 1~h Street, multiple-family housing (The Heritage Club) is in the process of being constructed. Therefore, the development of multiple-family residences on the subject properties is more logical as this type of residential use provides for a better transition between commercial/industrial uses and single-family uses. Overall, a positive finding can be made that the change of circumstances in the area makes the RM-IO zoning district more appropriate than the current zoning". According to the applicant, the basis for which the rezoning is being sought most closely relates to reasons (b) and (c). However, as the current zoning of the properties is predominantly CF, and the CF zoning designation is by definition compatible with all other zoning designations, no change in circumstances is possible that would make the current zoning inappropriate. Even if consideration was given to modify the designation given the change in ownership and corresponding need for a change from a community facility to a residential use, a designation consistent with the prevailing future land use designation of Low Density to the north, south and west is clearly more appropriate. Accordingly, the only remaining justification for the proposed rezoning is reason (c). The rezoning is not of similar intensity as allowed under the current Low Density land use designation, nor "more appropriate for the property based upon circumstances particular to the site and/or neighborhood." As the subject properties are surrounded on three sides by Low Density land use designations which contain single-family residential neighborhoods, the proposal is cleady not more appropriate for the property. The most appropriate zoning designation for the properties would be single-family residential (R-l-A), or perhaps a Low Density Residential (RL) zoning. Further, as discussed in the analysis of the FLUM amendment, the resulting proposed development may have a destabilizing effect on the surrounding neighborhood. Based upon the above, this request does not fulfill any of the reasons identified under LDR Section 2.4.5(D) (5). Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 9 The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: Fi Presidents Council Fi Progressive Residents of Delray (P.R.O.D.) Fi United Property Owner's Association Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Plann'ing and Zoning Board meeting. The proposed FLUM amendment from LD to MD and rezoning from CF and R-1-A to RM-10 are inconsistent with respect to the Comprehensive Plan and Land Development Regulations Sections 2.4.5(D) (5), 3.1.1 and 3.2.2(D). Positive findings can not be made with regard to Compatibility as the proposal will result in a multiple-family development with densities that are double or triple that of the surrounding single-family neighborhoods. Positive findings can also not be made with regard to Consistency with the Comprehensive Plan, specifically Future Land Use Element Policy A-1.7, which requires that there be a demonstrated need for the requested land use. No data or analysis has been provided that indicates a shift in demographic trends, no changes have occurred with regard to character and/or FLUM designations of the surrounding area, and no Comprehensive Plan objective or policy would be fulfilled by amending the existing FLUM designation. Furthermore, the subject property is located within sub-area #5 of the Southwest Area Neighborhood Redevelopment Plan Itel. Future Land Use Element Policy C-1.7]. The Redevelopment Plan indicates that in sub-area #5, infill development, housing rehabilitation and code enforcement are recommended. The Redevelopment Plan further states that creative financing and resource development will be required to deliver the product envisioned by community stakeholders without pricing current residents out of the rental and home ownership market. Sub-area #5 is not located within an area specifically recommended for land use actions which would increase residential density, nor is it the intent of this applicant to provide affordable housing on the subject property. Accordingly, the goals of the Redevelopment Plan would not be furthered by the proposed FLUM amendment and associated rezoning and positive findings can not be made with respect to Future Land Use Element Policy C-1.7. Additionally, the introduction of incompatible multiple-family uses within this area is unlikely to enhance stability and if the resulting units were not affordable units, the proposal may destabilize the neighborhood via a gentrifying effect; therefore positive findings can not be made with regard to Housing Element Policy A- 12.3. Based upon the above, the proposed Future Land Use Map Amendment and associated Rezoning application should be denied. f~'~, :, :~::~ ~: ~ ,~.,,~.:~,~ .......................... A. Continue with direction. Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 10 B. Move a recommendation of approval to the City Commission for the privately sponsored request for a FLUM Amendment from LD to MD and Rezoning from CF and R-1-A to RM-10 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, subject to the following conditions: [3 That a letter from the Palm Beach County School District is received stating that the proposal complies with the adopted Level of Service for School Concurrency; and I~ That a letter from the Palm Beach County Traffic Division is received stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance. C. Move a recommendation of denial to the City Commission for the privately sponsored request for a FLUM Amendment from LD to MD and Rezoning from CF and R-1-A to RM-10 for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, specifically Future Land Use Element Objective A-l, Future Land Use Element Policy A-1.7 and C-1.7, and Housing Element Policy A-12.3, 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. Move a recommendation of denial to the City Commission for the privately sponsored request for a FLUM Amendment from LD to MD and Rezoning from CF and R-1-A to RM-10 for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, specifically Future Land Use Element Objective A-l, Future Land Use Element Policy A-1.7 and C-1.7, and Housing Element Policy A-12.3, 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. Attachments: Location Map, Proposed Future Land Use Map and Proposed Zoning Map Staff Report Prepared by: Robert G. Tefft, Senior Planner WA TER TREA TMEN T PLAN T $.£ S.W. 81!q CT. S.W. 8TH COURT S.~ 9TH ST. ~w_ 9TH CT. $.W. 9TH S.W 10114 ST. $.[. lOTH PINE GRO~ ELEMENYARY ~CHOOL RM MH GULF S I~EAM COMMERCIAL CENTRE DOI~AINE LIN TON TRUSS RtDG~ ~AZA C~DO C~N FY A ~ 5ANi TA ~ON DELRA Y POD s£~R,~¥ PC HARBOUR$ MIC ONE OLD HARBOUR EDGE PLAZA E~_LF 5TO~AGE LIN TON BOULEVARD N Cottages at Banyan Village ~ PROPOSED REZONING FROM: R-1-A (SINGI.E FAMILY RESIDENTIAL) AND CF (COMIVflJNITY FACLfTIES) C~TY O~=DEI. RAY BEACH. R. TO: RM-IO (MEDIUM DENSITY RESIDENTIAL 10 UNITS PER ACRE) --- OIClrAL ~4~E I~4P SY~JEI/ -- MAP REF: LM162 · ~/ CiTY OF DEL,RAY BEACH '~ PUB£fC WORKS COMPLEX WA TER FREA TMEN T 5.w 61'H ST. PLANT DOM~NE D~RA LIN T~ ~E ~ PLAZA ~ C~N T Y A T 1 RDA-3 ~LF I IN TON BOULEVARD N Cottages at Banyan Village PROPOSED FUTURE LAND USE MAP AMENDMENT cn'Y o~ D~,.R~Y BEACH. FL FROM; LD (LOW DENSrrY' RESIDENTIAL. 0-5 UNITS I AC~E) PI..~I N~ I~- ~0~11~ DE~Ftl"M~IT TO: MD (MEDIUM DENSrrY' RESIDENTIAL, 5-12 UNITS / ACRE) -- D/GIFAL ~S£ ~ GY'~TEM --- MAP REF: LM167 THE COTTAGES AT BANYAN VILLAGE LEGAL DESCRIPTION FOR FLUM AMENDMENT The West 175 feet of the North 120.9 feet of the East half (E %) of Lot 13, Section 20, Township 46 South, Range 43 East according to the Plat thereof, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Flodda, in Plat Book 1, Page 4, less the North 40 feet thereof for right of-way of SW 10th Street and also less the West 10 feet thereof. Together With The East 188.74 feet of the North Quarter (N ¼ ) of the East half (E %) of Lot 13," Section 20, Township 46 South Range 43 East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4, less the North 40 feet thereof for right-of-way of Southwest 10t~ Street and also less the East 33 feet thereof for right-of-way of South Swinton Avenue. Together With The West 194.74 feet of the East 487.74 feet of the NOrth half (N Y~) of the Northeast quarter (NE ~) of Lot 13, Section 20, Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1 Page 4 less the North 120.9 feet thereof. Together With The South half (S %) of the North half (N %) of the East half of Lot 13, Section 20, Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Flodda, in Plat Book 1, Page 4, less the West 10 feet thereof and also less therefrom that portion conveyed to the City of Delray Beach in Official Record Book 1659, Page 929 for right-of-way of South Swinton Avenue. Together With The West 99 feet of the East 287.74 feet of the North quarter (N ¼) of the East half (E ~) of Lot 13, Section 20, Township 46 South, Range 43 East, less the East 15 feet of the South 85 feet thereof, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1 Page 4 and also less the North 40 feet thereof for right-of-way of SW 10t~ Street. Together With The West 100 feet of the East 387.74 feet of the North 120.9 feet of the East half of Lot 13, of the Subdivision of Section 20, Township 46 South, Range 43 East in Palm Beach County, Florida, in Plat Book 1, Page 4, Public Records of Palm Beach County, Florida, less the North 35 feet thereof. Together With The West 100 feet of the East 487.74 feet of the North 120.9 feet of Lot 13, Section 20, Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4, less the North 35 feet thereof for right-of-way SW 10th Street. Together With Lots 1 through 23, inclusive, Plat No 3, Southridge Subdivision of the City of Delray Beach, Florida, as per Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County Florida, recorded in Plat Book 24, Page 24, as well as that parcel or quantity of land abandoned by the City of Delray Beach, Florida, on March 7 1960, which quantity of land comprises of the 50 foot right-of-way on SW 10th Court, less that portion of the subject property included in the widened right-of- way of South Swinton Avenue, as described by deed recorded in Official Records Book 1659, Page 937, Public Records of Palm Beach County, Florida. Together With The East 15 feet of the South 85 feet of the West 99 feet of the East 287.74 feet of the North quarter (N ¼) of the East half (E ¼) of Lot 13, Section 20, Township 46 South, Range 43 East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court an and for Palm Beach County, Florida, in Plat Book 3, Page 4. CITY OF DELRAY BEACH, FLORIDA ADOPTION APPENDIX "A" (Amended Comprehensive Plan pages for the Future Land Use Element) ADOPTION APPENDIX "A' COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 TABLE L-6 FUTURE LAND USE ALLOCATIONS TOTAL PLANNING AREA .................... 10,574 ACRES 1 ADJUSTED LAND USE AREA ..................... 10,162 ACRES - ..~,~. ...................... -.,~ .............. · ....... ~:~- ...... , ............................ -~:-~ ......... , ................... ~-'.:~.~..=~ ~r: ~ Low Density, Stable Residential 3,790 37.3 Medium Density, Stable Residential 2,124 20.9 Rural Residential -- 8 0.1 Transitional Designations 449 4.4 Core Commercial 285 2.8 General Commercial 532 5.2 Industrial 87 0.9 Commerce 369 3.6 Recreation & Open Space & Conservation 1,186 11.7 Community Facilities 396 3.9 Mixed Use- Redevelopment Areas 343 3.4 Water Bodies 593 5.8 The Adjusted Land Use Area has been calculated to more accurately reflect comparison among percentages of land uses. It does not include the right-of-way for 1-95, and arterial road ways. It does include the area for all other streets. In addition, the A.L.U.A. does not include the surface area of the Intracoastal Waterway or Lake Ida. Source: City of Delray Beach, 1997 The designated land use categories are described in the following material. Table L-7 identifies which zoning districts are consistent with the Future Land Use Map categories (designations). [Revised by Amendment 99-2] RESIDENTIAL LAND USES: There are two categories of residential land use. [Revised by Amendment 04-2 -. Rural Residential category deleted] Low Density: This designation is applied to land which is developed, or is to be developed, at a density of five units per acre or less. Such land is usually developed for single family purposes although mixed residential uses may occur under a planned residential zoning district. Home ownership is characteristic of this designation. Where this designation exists, uses other than Iow density residential shall not be considered. FL - 41 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Medium Density: This designation is applied to land which is developed, or is to be developed, at a density between five and twelve units per acre. Residential density is limited to a maximum of t2 dwelling units per acre, except within the portion of the Southwest Neighborhood Area Oveday District, between the commercial area along West Atlantic Avenue and SW 2nd Street, from Swinton Avenue to Interstate 95, where the density may exceed 12 units per acre, up to a maximum of 24 units per acre subject, to Conditional Use approval and the recommendations and strategies outlined in the Southwest Area Neighborhood Redevelopment Plan. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. [Revised by Amendment 04-2] TRANSITIONAL LAND USES: This designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses. In some instances this designation provides for a transition between less intensive residential use and commercial uses. In other instances, this designation allows the establishment of uses which are compatible with adjacent residential use. When Neighborhood Commercial Zoning is placed within or adjacent to a residential area, such zoning shall be limited to two acres, or less, which is sufficient to accommodate the needs of an immediate residential neighborhood. While in others, it provides for uses which are not as intensive as general commercial in areas where residential use is not desirable and/or appropriate. Residential development at a density between five and twelve units per acre, mobile home parks and apartment development in addition to condominiums, Continuing Care Facilities, A.C.L.F., and various types of group homes are appropriate under this designation. Nonresidential development at an intensity equivalent to that associated with medium density residential land uses is also appropriate. COMMERCIAL LAND USES: There are two categories of commercial land use. Commercial Core: This designation is applied to the Community's Downtown area. It includes a substantial portion of the Transportation Concurrency Exception Area described in the Future Land Use Element and graphically shown in Figure L-8. The Commercial Core designation accommodates a variety of uses including commercial and office development; residential land use upper story apartments; older homes renovated to accommodate office use; and uses such as "bed and breakfast" establishment; and industrial/commerce type uses. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses and residential uses may comprise up to 50% of the total floor area, within the West Atlantic Avenue Redevelopment Area. Also, within the West Atlantic Avenue Redevelopment Area, the density may exceed 12 units per acre, up to a maximum of 30 units per acre subject to Conditional Use approval. [Revised by Amendment 04-2] General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation FL - 42 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses. Residential uses may comprise up to 15% of the total floor area. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area. [Revised by Amendment 04-2] [Revised by Amendment 00-1]; [Revised by Amendment 99-1] INDUSTRIAL LAND USE: There are two categories of industrial land use. Industrial: This designation accommodates manufacturing, fabrication, assembly, and warehousing. It is applied to property which currently has such uses and which is located in an area which should continue to be used for industrial purposes. It is also applied to those areas of the community which are best suited, because of their location, to accommodate industrial uses. Residential and general commercial uses are not appropriate on land designated as Industrial. Commerce: This designation is applied to property which is developed, or is to be developed, in such a manner as to accommodate a mix of industrial, service, and commercial uses. This may be done either through development of existing parcels or through a planned concept. AGRICULTURAL LAND USE: There are no designations for agricultural land use on the Future Land Use Map. The City of Delray Beach Planning Area is an urbanized area with over 89% of its land area developed. The long-term continuance of existing agricultural operations is not compatible with the urbanization which has occurred. RECREATION & OPEN SPACE LAND USE: This designation applies to public recreational areas (such as municipal parks), to open space areas, and to conservation areas. Open space areas include canals, waterways, beaches, shores, estuarine systems, golf courses, private open (common) areas within planned developments, and undevelopable parcels. Public recreational areas which also have indoor facilities (e.g. community centers) are more apt to be shown as "Community Facilities". The conservation properties are those lands shown on the Conservation Map. Land shown under this designation shall not be used for any purpose other than recreation, open space, or conservation. CONSERVATION LAND USE: This designation applies to those specific properties identified in the Conservation Element as land to be preserved. No other land use is appropriate. These properties shall be either placed into public ownership or developed only as allowed by policies of the Conservation Element. They are shown on the Future Land Use Map under the Open Space - Conservation designation. Properties having an Open Space-Conservation designation will be developed with an intensity consistent with the policies contained within Objective B-1 of the Conservation Element_ [Revised by Amendment 99-1] FL - 43 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 COMMUNITY FACILITY LAND USES: This designation is applied to current and future school sites; to current and future sites for public buildings; and to current and future sites for public facilities e.g. the wastewater treatment plant. It is also applied to single function (purpose) buildings which have been constructed for community related purposes (e.g. churches) and which are not commercial in nature. However, not all community facilities are required to be shown under this designation. Small sites are not shown nor are the locations of governmental services (e.g.H.R.S.) which lease common office space, nor are churches that do not include substantial accessory uses such as educational facilities. [Revised by Amendment 04-2] MIXED USE CATEGORIES: There are two types of mixed use land designations on the Future Land Use Map. Other Mixed Use: There is not a designation for this category. However, such areas are generally noted by the more general boundaries of the land use designations. An example would be the accommodation of a future park site or retention of open space in a development proposal. There are no incentives such as are provided in the L.S.M.U. category. Land which is appropriately developed under an "other mixed use" approach can be processed as a Special Activities District (SAD), through a Planned Development approach (PRD, PCC, etc.), through other specially created mixed use districts such as the Old School Square Historic Arts District (OSSHAD), or through application of individual zoning districts (part RM, part CF, part OS, etc.) with the boundaries of the zoning districts not having to be congruent with the designation of the Future Land Use Map, provided that the Local Planning Agency finds the development to be compatible with adjoining properties. Specially created mixed use districts such as the Old School Square Historic Arts District shall be created through the addition of a zone district to the City's Land Development Regulations. Special Activities Districts zone districts shall be created through the adoption of a zoning ordinance. Such districts and zoning ordinance (SAD's) shall provide specific guidelines for the implementation of this mixed use district, including the land use types allowed, their densities or intensities, the relative proportion (percentage) of each land use type within flexible ranges, and compatibility requirements. Densities and intensities appropriate to each type of land use (residential and nonresidential) must be included. Existing zoning regulations shall establish the land use types allowed, their intensities and densities, the relative proportion of each land use and compatibility for other mixed use's created through the application of individual zoning districts. However, the specific boundaries of the existing zoning districts need not be adhered to in the development and approval of a site and development plan. Assurance that these items are addressed will be through the standards for site plan actions, Section 3.3.3 of the City's Land Development Regulations. Redevelopment Areas: This designation is applied to those areas which have been identified in the Future Land Use Element as being in need of redevelopment. Development shall occur pursuant to a specific "redevelopment plan" which is to be FL - 44 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 prepared pursuant to Objective C-2 of the Future Land Use Element. If a development proposal is presented to the City prior to the creation and adoption of a redevelopment plan, that proposal shall be handled in one of the following ways: [Revised I~y Amendment the application shall be placed on hold for not more than six months while the redevelopment plan is prepared; the application shall be processed on a case-by-case basis with the existing zoning map, the Future Land Use Element, and the Housing Element providing the Local Planning Agency with the policy guidance needed to properly dispose of the application. (Note: A description of each of the redevelopment areas is contained within Objective C-2 of the Future Land Use Element.) FL - 45 CITY OF DELRAY BEACH, FLORIDA ADOPTION APPENDIX "B" (Amended Comprehensive Plan pages for the Transportation Element) ADOPTION APPENDIX "B" COMPREHENSIVE PLAN AMENDMENT 04-3 ORDINANCE 29-04 COMPREHENSIVE PLAN DELRA Y BEACH, FLORIDA , /! II ~ ..~.~. , 112 .'!, ~ .... l', ..... ~.~ I ',~ L1_ L ........... ~~ ' T ~ - ~ I~1 I ~ ..... ~ ~ I ! ~ .............. ~-~v ............... S~RCE: P~M ~, P~M B~CH COUN~ 8~0 ~ COU~ COMM~ION~S. INTER~OOA~ FAEiglTIE5 ~- RO~E 81 ~--- ROUTE 3 ~Y 2~4 ~- RO~E 2 ~- RO~ 1 ~ - EXI~NG FAClU~ ~- R~E 80 ~- RO~ 70 [Map Revised by Amendment 04-02] TR-30 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Objective D-3 Transportation Concurrency Exception Area Policy D-3.1 Transportation Surveys for TDM Activities [Revised by Amendment 04-2] Policy D-3.2 Feasibility of Establishing a TCMA [Revised by Amendment 04-2] Policy D-3,3 [Deleted by Amendment 04-2] Policy D-3.4 Increase Number of Buses on Palm Tran Routes Policy D-3.5 Bicycle Facilities [Revised by Amendment 04-2] Policy D-3.6 Plan for an In-Town Shuttle System [Revised by Amendment 04-2] Policy D-3.7 Establishment of an In-Town Shuttle System Policy D-3.8 [Deleted by Amendment 04-2] Policy D-3.9 Deceleration Lanes at 1-95/Atlantic Avenue Policy D-3.10 Downtown Sidewalk Network [Revised by Amendment 04-2] Policy D-3.11 Intermodal Linkages TR- 39 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy D-I.2 The provision of a pedestrian system apart from the street as well as within rights-of-way shall be explored with the review of each development. Specific focus shall be given to access to waterways, to parks, between residential developments, and along access routes to schools including such systems through developments. Policy D-1:3 The City Engineer shall annually review pedestrian accidents to establish common patterns and/or locations. The annual listing of pedestrian accident locations shall be part of the annual report as set forth in the Procedures for Monitoring and Evaluation of the Plan. If applicable, remedial improvements and/or actions should be programmed. Objective D-2 Facilities which accommodate the use of bicycles as an alternative means of personal' transportation shall be assessed and required during development review. Policy D-2.1 Bicycle traffic shall be accommodated in the design and construction of Collector and Arterial roadways. These improvements are to emphasize safer bicycle movements (e.g. 14 foot outside travel lanes) rather than providing separate bicycle facilities and lanes. The City, by adoption of this policy, requests that such improvements be included on all projects undertaken per Florida Department of Transportation or the County five-year road program, as well as the City's Capital Improvement Program. Policy D-2.2 Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA. Policy D-2.3 The City Engineer shall annually review bicycle accidents to establish common patterns and/or locations. If applicable, remedial improvements should be programmed. Obiective D-3 A Transportation Concurrency Exception Area (TCEA) is hereby established for the purpose of downtown revitalization. Within the TCEA, there shall be no traffic concurrency requirements. Transportation and mobility needs within the TCEA shall be met through the implementation of the following policies: Policy D-3.1 In cooperation with the Florida Department of Transportation regional Commuter Assistance Program, the City shall perform and analyze transportation surveys to determine the issues and needs for employer based TDM activities, including but not limited to ride sharing, van pooling, and flexible work hours. These activities shall be completed in FY 06/07. [Revised byArnendmentO4-2] TR - 47 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy D-3.2 An analysis shall be made by FY 07/08, based in part upon the above noted surveys, to determine the feasibility and potential efficiency, of the establishment of a Transportation Management Association (TMA). Until such time as a TMA is established, the feasibility shall be reassessed periodically, at least every two years. [Revised by Amendment 04-2] Policy D-3.3 [Deleted by Amendment 04-2] Policy D-3.4 The City shall coordinate with Palm Tran and the MPO [through the Congestion Management System (CMS)] to increase the number of buses on the Palm Tran routes to reduce headways to 20 minutes in the peak hours, and 45 minutes in the off-peak hours by 2015. Policy D-3.5 The City and CRA shall, on a continuing basis, assess the need to install additional bicycle facilities in the TCEA to accommodate and encourage the use of bicycles as transportation. These could include bike racks, bike lockers and other bicycle parking facilities. [Revised by Amendment 04-2] Policy D-3.6 The City and the CRA shall establish a plan for an in-town shuttle system by the year 2005 to serve the downtown, Tri-Rail, and the beach with headways of 20- 30 minutes. [Revised by Amendment 04-2] Policy D-3.7 Implementation of the in-town shuttle system described in Policy D-3.6 shall be coordinated with the MPO through the Congestion Management System (CMS) by the year 2010. Policy D-3.8 [Deleted by Amendment 04-2] Policy D-3.9 The City shall coordinate with the MPO, through the Congestion Management System (CMS) to add deceleration lanes at Atlantic Avenuell-95 by the year 2010 to relieve congestion. Policy D-3.10 The City shall eliminate the missing links in the sidewalk network throughout the TCEA and within one-quarter mile of its boundaries by FY 07/08. [Revised by Amendment 04-2] Poli.cy D-3.11 Intermodal linkages shall be provided between different types of transportation. These could include sidewalks from parking areas to Atlantic Avenue, shuttle and bus stops, and a shuttle from bus stops to shopping areas or parking. TR - 48 CITY OF DELRAY BEACH, FLORIDA ADOPTION APPENDIX "C" (Amended Comprehensive Plan pages for the Housing Element) ADOPTION APPENDIX "C' COMPREHENSIVE PLAN AMENDMENT 04-3 ORDINANCE 29-04 COMPREHENSIVE PLAN DELRAY BEACH, FLORIDA L-30 CANAL ~ I STB ~ LAKE ID 0 · / 'sq ~ ~ I}.~vl~// / ~ RESIDENTIAL NEIGHBORHOOD // ~ ~ EATESORIZATION MAP I "'~ I ~AP ~22 G~HIC S~ LEGEND: ST~ - STA~LE RH~ - RE~JLITATION c~ ~ o;~Y 8~H, ~ORl~ STBLZ - STABILI~TION RDV - RED~ELOPMENT P~NG · ZON~G ~Y ~ R~ - R~ITALI~TION [Map Revised by Amendment 04-02] HO-22 ADOPTION APPENDIX "D" (Amended Comprehensive Plan pages for the Public Facilities Element) ADOPTION APPENDIX "D' COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOALS, OBJECTIVES, AND POLICIES GOAL AREA "A" ENVIRONMENTAL PROTECTION Objective A-1 Sources of Pollution Policy A-1.1 Septic Systems Policy A-1.2 Rehabilitation of Sewer System Objective ^-2 Solid Waste Policy A-2.1 Local Drop Off for Hazardous Waste Policy-^-2.2 Solid Waste Recycling Policy A-2.3 Waste Level of Service GOAL AREA 'B' POTABLE WATER Objective B-1 Water Supply [Revised by Amendment 01-1] Policy B-1.1 WWTP Effluent Recycling Policy B-1.2 Aquifer Storage and Recovery (ASR) [Revised by Amendment Of-f] Objective B-2 Meeting Future Demands Policy B-2.1 Decrease in Consumption Policy B-2.2 Level of Service [Revised by Amendment Of-f] Policy B-3.3 New Development Concurrency Objective B-3 Groundwater Protection Policy B-3.1 Wellfield Protection Policy B-3.2 Minimal Reliance on Eastern Wellfield Objective B-4 Enhancement of Water Quality (Potable) Policy B-4.1 Reports to the City Commission [Revised by Amendment Of-1] Policy B-4.2 Water Main Inspection [Revised by Amendment Of-l] Policy B-4.3 Discourage Urban Sprawl Policy B-4.4 Alternative Treatment Methods [New Policyper Amendment Of-f] Objective B-5 Water Supply Facilities Work Plan [New Objective per Amendment 04-2] Policy B~5.1 Adoption of Work Plan [New Policy per Amendment 04-2] Policy B~5.2 Coordination with SFWMD [New Policy per Amendment 04-2] PF -9 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy B-5.3 Prioritization of Improvements [New Policy per Amendment04-2] Policy B-5.4 Schedule of Improvements [New Poficyper Amendment 04.2] GOAL AREA "C" SEWER COLLECTION AND WA TER DISTRIBUTION SYSTEMS Objective C-1 Master Plans [Revised by Amendment O'l-l] Policy C-1.1 Water System Model [Revised by Amendment 01-1] Policy C-1.2 Sewer System Model [Revised by Amendment Objective C-2 System Improvements Policy C-2.1 Remedial Work- Sewer [Revised by Amendment 00-2] Policy C-2.2 Remedial Work - Water [Revised by Amendment O0-2] Objective C-3 Availability of Facilities - Sewer Policy C-3.1 Obligations of New Development Policy C-3.2 Upgrading existing Facilities Objective C-4 Availability of Facilities - Water Policy C-4.1 Upgrading of Existing Facilities Policy C-4.2 Obligations of New Development Objective C-5 Revenue Allocations Policy C-5.1 General Fund Relationship Policy C-5.2 Annual Allocations for Upgrading of System Components Policy C-5.3 Financing of System expansions Policy C-5.4 Coordination with Other Improvement Projects Objective C-6 Wastewater Treatment Plant Policy C-6.1 Level of Service Policy C-6.2 Participation Formula Policy C-6.3 Sludge Disposal Policy C-6.4 Design Capacity GOAL AREA "D" BUILDINGS AND FACILITIES Objective D-1 Public Facilities Policy D-1.1 Repair and Maintenance PF - 10 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy D-1.2 Facility Replacement Policy D-1.3 Accessibility GOAL AREA "E" STREETS AND DRAINAGE Objective E-1 Drainage Facilities Policy E-1.1 Project Priorities [Revised by Amendment 01-1] Policy E-1.2 Design Standards Policy E-1.3 Storm Water Management Regulations Policy E-1.4 Design Frequency Standards Policy E-1.5 NPDES Programs and Activities Objective E-2 Funding Mechanisms Policy E-2.1 Stormwater Utility Fee Policy E-2.2 Bonding Objective E-3 Street Resurfacing and Reconstruction Policy E-3.1 Street Resurfacing Program Policy E-3.2 Street System Master Plan [Revised byAmendment 01-1] Policy E-3.3 Sidewalk System [Revised by Amendment 01-1] GOAL AREA "F" PUBLIC INFORMATION Objective F-1 Public Information Resources Objective F-2 Public Participation Policy F~2.1 Public Hearings Required Prior to Setting Priorities Policy F~2.2 Local Planning Agency Responsibilities Policy F-2.3 Priority Changes restricted PF- 11 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy B-4.2 Whenever the opportunity occurs to uncover or examine an existing water main, an inspection shall be conducted relative to the presence of asbestos cement in the main. The results of each such inspection shall be logged and made a part of the Operation and Maintenance Plan. [Revised by Amendment 01-1] Policy B-4.3 The City shall assist in discouraging urban sprawl within areas of County jurisdiction by denying requests to make water service available outside its existing Planning Area to areas which could be developed at Iow density with City water facilities. Policy B-4.4 The City shall implement alternative treatment methods based on the results of the alternative treatment study in an effort to meet the EPA stage 2 disinfection by-product rule requirements. [New Policy per Amendment 0~-1] Obiective B-5 To ensure that there is an adequate water supply to meet existing and projected potable water needs, the following policies shall be implemented. [New Objective per Amendment 04-2] Policy B-5.1 The City shall adopt a 10-Year Water Supply Facilities Work Plan based on the availability and appropriate use of regional water resources and the combined use of alternative water supplies. The Work Plan shall be consistent with the City's Water Use Permit renewals. [New Policy per Amendment 04-2] Policy B-5.2 The City shall consider the most current version of South Florida Water Management District's Lower East Coast Water Supply Plan and Regional Water Plan in developing a 10-Year Water Supply Facilities Work Plan. [New Policy per Amendment 04-2] Policy B-5.3 The City will use the Water Supply Facilities Work Plan to prioritize and coordinate improvements to the City's water supply system. [New Policy perAmendment 04.2] Policy B-5.4 The City will maintain a current five-year schedule of capital improvements to the Water Supply System. [New PolicyperAmendment 04-2] Pr- 15 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOAL AREA "C" SEWER COLLECTION SYSTEMS AND WATER DISTRIBUTION SYSTEMS SHALL BE PROVIDED TO UNSERVED AREAS, AND EXISTING SYSTEMS SHALL BE UPGRADED IN SUCH A MANNER AS TO PROVIDE FOR THE PROTECTION OF THE ENVIRONMENT THROUGH AN ACCELERA TED IMPROVEMENT PROGRAM. Objective C-1 The condition and inventory of the water and sewer systems shall be kept current through regular updates of the City atlas and surveillance programs. [Revised by Amendment 01-1] Policy C-1.1 The water distribution system atlas shall be maintained on an on-going basis and shall reflect current system inventory. Operational characteristics will be maintained utilizing the Hansen Data Base Program and shall be used in the planning of system extensions and upgrade requirements. [Revised by Amendment Policy C-l.2 The wastewater collection and transmission system atlas shall be maintained on an on-going basis and shall reflect current system inventory. Operational characteristics will be monitored by radio telemetry and surveillance programs, and shall be used in the planning of system extensions upgrade requirements. [Revised by Amendment 01-1] Obiective C-2 Upgrading of sewer and water facilities shall occur on an accelerated schedule. System upgrades shall be funded through annual appropriations in the Water and Sewer Renewal and Replacement Fund. Policy C-2.1 A study has been completed determining the total program cost of addressing remedial work needed, for wastewater lines and lift stations, to correct the problems with inflow and infiltration. The City shall allocate annual expenditures to complete the project over a 15 year time frame. [Revised by Amendment 00-2] Policy C-2.2 A study has been completed determining the total program cost of addressing remedial work needed to correct deficiencies in existing water lines. The City shall allocate annual expenditures to complete the project over a 15 year time frame. [Revised by Amendment 00-2] Obiective C-3 Wastewater collection system capacity is available to all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. PF - 16 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy C-3.1 New development shall be responsible for extending sewer service to and through the land to be developed. Said extensions shall meet the City's performance standards. Policy C-3.2 Upgrading of existing wastewater facilities shall be provided for through annual appropriations in the capital improvement program. Objective C-4 Potable water distribution system capacity is available to all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. Policy C-4.1 Upgrading of existing potable water facilities shall be provided for through annual appropriations in the capital improvement program. Policy C-4.2 New development shall be responsible for extending water service to and through the land to be developed. Said extensions shall meet the City's performance standards. Objective C-5 Capital raised through the water and sewer enterprise funds shall be allocated as required by bond covenants. Allocations shall include those in the following policies. Policy C-5.1 Transfers from enterprise funds to the general fund are made only for the fund's proportionate share of administrative costs and an in-lieu of tax payment. Policy C-$.2 Annual allocations shall be provided for upgrading system components (i.e. manholes, hydrants, etc.) in the Water and Sewer Renewal and Replacement Fund. PolicyC-5.3 Upgrading of existing systems to construction and level of service standards and extension of new facilities to unserviced, inhabited areas shall be financed through appropriations in the Water and Sewer New Capital Outlay Fund. Policy C-$.4 Priorities for projects shall also consider other improvement projects (e.g. street construction and drainage) in establishing priorities. Objective C-6 The City Commission in its role with the Board of the South Central Regional Waste Water Treatment Plant shall examine ways in which increased costs associated with capital expansion can be avoided with respect to property owners within the City. PF- 17 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy C-6.1 The Level of Service of the waste water treatment plant is hereby established as 12 mgd, or 160 gpcd in addition to the specific requirements of Boynton Beach (capacity divided by effective buildout population of 75,000). Policy C-6.2 The City Commission shall, prior to commitments by the South Central Regional Waste Water Treatment Board for capital expansion at the wastewater treatment plant, renegotiate the participation formula for such expansion based on relative populations and usage at the time of the expansion. Policy C-6.3 Through its membership on the South Central Regional Wastewater Treatment Facility Board, the City shall assure that alternatives to land application of treated wastewater sludge are assessed, at least every two years, and shall continue to monitor the impacts of the effluent from the ocean outfall. Policy C-6.4 Average and peak flow design capacity for the Regional Wastewater Treatment Plant shall be 21 mgd and 30 mgd respectively. Thus, capacity need shall be monitored by the South Central Wastewater Regional Treatment Plant Board. GOAL AREA "D" A COORDINATED AND COMPREHENSIVE PROGRAM FOR THE PROVISION OF ADEQUATE OFFICE FACILITIES FOR THE CONDUCT OF CITY BUSINESS SHALL BE CONTINUED. Objective D-1 Provisions are to be implemented to maintain and upgrade existing public facilities to retain the acceptable level of service for the facility and to maintain the "marketability" of the facility and the City. This objective shall be met through the following policies. Policy D-1.1 The City shall continue its established program for the maintenance and repair of buildings and facilities, including such items as roof replacement and major structural repair, in a timely manner to maintain the viability of the facility. Policy D-1.2 The City shall continue its established program for the replacement of irreparable or obsolete buildings, facilities, and major facility elements and the upgrading of existing facilities to maintain their ability to deliver the established level of service to the community. Policy D-1.3 All new construction projects shall be in accordance with Federal guidelines on accessibility. The City shall make modifications to existing facilities that are easily achievable without great expense, such that the facility will be in accordance with Federal guidelines on accessibility. PF- 18 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOAL AREA "E" PROPERTY DAMAGE AND INCONVENIENCE TO THE PUBLIC CREATED BY FLOODING AND POOR STREET CONDITIONS SHALL BE SUBSTANTIALLY REDUCED AND, WHERE POSSIBLE, ELIMINATED THROUGHOUT THE CITY. Objective E-1 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. Policy E-1.1 Criteria for determining project priorities shall be as defined in the Stormwater Master Plan, and based upon correcting current, localized problems. Policy E-1.2 Minimum design standards for determining the scope of drainage projects shall be such as to establish a level of service at least equal to the standard of retaining the first one inch of runoff, or 2.5 inches of water storage times the percentage of impervious area, whichever is greater, to protect water quality. Policy E-1.3 Storm water drainage regulations which provide for the protection of natural drainage features and ensure that development utilizes storm water management systems which are compatible with this objective shall be retained. Policy E-1.4 The City shall maintain through regulations the minimum design storm return frequency for stormwater facilities capacity. Policy E-1.5 The City shall protect and enhance surface water quality through the full implementation of programs and activities included in the National Pollutant Discharge Elimination System (NPDES) permit. Policy E-1.6 The City shall develop and implement a stormwater mapping system and maintenance program for storm sewers and structures. Objective E-2 Drainage improvements and flood control measures shall be financed through the Stormwater Utility Fee. Funded projects shall be located throughout the City as opposed to being concentrated in a single quadrant. The fee shall be reassessed upon completion of the program. Objective E-3 The street system under the City's jurisdiction shall be maintained and enhanced to provide a uniform level of service throughout the City and provide a safe and convenient transportation network. PF- 19 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy E-3.1 The program of resurfacing streets shall be maintained with at least the current funding level. Policy E-3.2 The City shall develop a street system master plan to enable the development of criteria to prioritize annual work programs and allow optimum funding decisions. The master plan will be completed by FY 01/02, and will address all components of the street system, including roadway surface, signs and markings, on- street parking, storm sewers and swales, and street lights. A sidewalk survey was completed in 1999 and will be used to establish sidewalk work programs. [Revised by. Amendment Policy E-3.3 The City shall program installation of sidewalks on an annual basis, with the goal of completing a safe and convenient sidewalk system throughout the City by the year 2005. [Revised by Amendment 01-~] .- PF - 20 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOAL AREA "F" THE NEED FOR ENHANCEMENT OF PUBLIC FACILITIES AND THE PROCESSES USED TO IDENTIFY, PRIORITIZE, AND FINANCE IMPROVEMENTS SHALL BE PUT FORWARD IN A MANNER WHICH IS EASILY UNDERSTOOD BY THE PUBLIC AND IS CONSISTENTLY AND EQUITABLY APPLIED. Objective F-1 Public knowledge and understanding of public facilities and infrastructure planning shall be assured through continuation of the following practices: display of system maps for water, sewer and drainage in City Hall; ready availability of the Five Year Capital Improvement Plan; prominent display of pamphlets addressing water conservation, solid waste disposal, and other subjects relative to public facilities. Objective F-2 Public awareness of the methods used to determine public improvement activities, and public input to the process, shall be encouraged through the continued implementation of the following: Policy F-2.1 Public input through testimony received at public hearings, advertised and held before the Local Planning Agency, shall be solicited annually during winter months in order to identify geographic areas which are most in need of improvements. Policy F-2.2 Criteria, as identified in the Capital Improvement Element, shall be followed in the establishment of priorities for construction of public facilities. On an annual basis, the Local Planning Agency shall forward to the City Commission a listing of new or revised priorities with written findings as to the relationship of projects to those criteria. Policy F-2.3 Once established, program priorities shall not be altered except as allowed in the policies established for implementation of capital improvement programming. PF - 21 I · CITY OF DELRAY BEACH, FLORIDA ADOPTION APPENDIX "E" (Amended Comprehensive Plan pages for the Conservation Element) ADOPTION APPENDIX "E' COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOALS, OBJECTIVES, AND POLICIES GOAL AREA "A " WATER QUALITY AND QUANTITY Objective A-1 Protection of Water Sources Policy A-1.1 Monitoring of Groundwater Policy A-1.2 Utilization of Cost-Effective Technology Policy A-1.3 Preservation of Recharge Areas Policy A-1.4 Sludge Disposal Objective A-2 Wellfield Protection Program Policy A-2.1 Performance Standard Requirement Policy A-2.2 Inspection and Monitoring of Commercial Pr(~perty Policy A-2.3 Hazardous Waste Storage/Transfer/Generation Prohibited Objective A-3 Disposal of Hazardous Material Policy A-3.1 Maintain Existing Programs Policy A-3.2 Public Education Programs Policy A-3.3 Monthly Collection of Household Hazardous Waste Policy A~3.4 Central Collection Site for Household Hazardous Waste Objective A-4 Water Conservation PolicyA-4.1 Public Information Policy A-4.2 Retrofitting Program-Household Fixtures Policy A-4.3 Water-Saving Irrigation Techniques Policy A-4.4 City Use of ×eriscape Policy A-4.5 Surface Water for Irrigation Policy A-4.6 Reduction of Potable Water Use for Irrigation Policy A-4.7 Effluent Reuse for Irrigation Policy A-4.8 Sealing of Wells Policy A-4.9 Emergency Water Conservation Objective A-5 Regional Water Supply [Added by Amendment 04-2] Policy A-5.1 Water Supply Plan [Added by Amendment 04-2] GOAL AREA "B' CONSERVATION OF SENSITIVE LAND Objective B-1 Sensitive Lands to be Protected Policy B-1.1 Land Use Designation and Zoning of Sensitive Sites [Revised by Amendment 04-2] CO - 9 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy B-1.2 Hurricane Pines [RevisedbyAmendmentg&f] Policy B-1.3 [Deleted by Amendment 99-1] Policy B-1.4 City-owned Park at Blood's Grove Policy B-1.5 Oak Hammock at the Hammock Reserve Policy B-1.6 Natural Reservations/Historic Sites Policy B-1.7 Invasive Exotic Plant Species Policy B-1.8 FIND Parcel (MSA 650) [Added by Amendment 04-2] Objective B-2 Regulation and Public Awareness Policy B-2.1 Biological Survey Requirement Policy B-2.2 Preservation of Habitat Policy B-2.3 Tree Permit Requirement Policy B-2.4 Speed Limits on the Intracoastal Objective B-3 Erosion Protection Policy B-3.1 Soil Erosion Control Measures Policy B-3.2 Lake Ida Shoreline Protection Policy B-3.3 Intracoastal Seawall and Shoreline Protection Objective B-4 Beach Renourishment Program Policy B-4.1 Pedestrian Access Control Policy B-4.2 Sea Turtle Conservation Program Policy B-4.3 Dune Protection Programs Policy B-4.4 Offshore Reefs and Marine Habitat GOAL AREA "C" AIR QUALITY AND WATERWAYS Objective C-1 Air Quality Objective C-2 Waterways Quality Policy C-2.1 Lake Ida Water Quality Policy C-2.2 Discharges into Intracoastal Waterway CO- 10 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy A-4.3 The City shall encourage a broad range of water-saving irrigation techniques through the continued enforcement of the landscape code. PolicyA-4.4 Wherever possible, the City shall use xeriscape instead of traditional landscaping on City property. As a part of the submittal of any landscape plan, a xeriscape approach must be considered. Policy A-4.5 Water which flows in canals or drainage lakes shall be used wherever possible for irrigation of golf courses and open space areas. The possibility of such water use shall be explored during the review of any development plans which are in proximity of such a water source. Policy A-4.6 The City shall continue its present policy of requiring a water source, other than City water, for irrigation purposes in geographically defined areas of the City. PolicyA-4.7 The City, through the Regional Wastewater Treatment Facility Board, shall continue to monitor the area of effluent rouse with the ultimate goal of reclaiming and reusing more effluent from the wastewater treatment plant if and when such a program becomes technically and economically feasible. Priorities for expansion of effluent reuse should be on golf courses in the City, and in the Coastal Planning Area. Policy A-4.8 Whenever water wells aro discontinued from use, they shall be plugged and sealed as required by the Florida Department of Environmental Protection. Policy A-4.9 The City of Delray Beach hereby supports the public education programs and emergency powers of the South Florida Water Management District with respect to the conservation of water sources and shall, when such programs and activities aro imposed by the District, impose those similar restrictions which aro available under the City's emergency water conservation powers. Obiective A-5 To address the City's existing and projected potable water needs and sources in the context of the regional water supply, the following policy shall be implemented. [Added by Amendment 04.2] Policy A-5.1 During preparation of the Evaluation and Appraisal Report, due in 2006, the City shall revise the Conservation Element to access projected water needs and sources for at least a 10-year planning period considering the South Florida Water Management District's Lower East Coast Water Supply Plan. [Added byAmendment04-2] GOAL AREA "B" NATURAL RESERVATIONS AND SENSITIVE LANDS WHICH PROVIDE HABITAT AND CONTAIN NATIVE VEGETATION WHICH ARE VITAL TO THE MAINTENANCE OF THE ENVIRONMENTAL QUALITY OF THIS COMMUNITY SHALL BE CONSERVED AND PROTECTED. CO - 13 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Objective B-1 The City shall undertake efforts, through the following policies, to protect natural reservations and environmentally sensitive areas. Policy B-I.'I Publicly-owned environmentally sensitive areas have been identified on the Future Land Use Map by an "Open Space - Conservation" symbol. The FIND parcels 645 and 650 have been zoned into the conservation zone district. These designations shall be maintained in order to further Objective B-1 as well as the Goals, Objectives and Policies of the Open Space and Recreation Element. [Revised by Amendment 04-2] Policy B-1.2 Any development proposal for the Hurricane Pines site along S.E. 10th Street shall be accompanied by a complete, independent assessment of the environmentally sensitive portions of the site. The assessment shall define the exact area of environmentally sensitive flora, and address the potential for preservation of the area. If it is determined by the City that preservation is not feasible, a condition of the development order will be for the developer to enter into a mitigation agreement with the City whereby the developer will donate land with a similar habitat to be preserved, or funds to be used for the purchase of similar habitat within the City or the management of existing conservation lands. The amount of the donation will be based on the appraised value of Hurricane Pines, and will equal the value of the environmentally sensitive area which will be lost through development. [Revised by Amendment 98-1] Policy B-1.3 [Deleted by Amendment 99-1] Policy B-1.4 The City-owned park site in the Hammock Reserve area shall be developed with primarily passive uses to maximize retention of the existing native plant communities. Policy B-1.5 The 4 acre oak hammock in the Hammock Reserve development shall continue to be preserved as a environmentally sensitive site. Policy B-1.6 Natural reservations which exist as historic sites shall be protected through the continued implementation and enforcement of the City's Historic Preservation Ordinance. Policy B-1.7 The City's Landscape Ordinance shall provide for the removal of existing invasive exotic species such as Australian Pine, Brazilian Pepper, and Melaleuca on private property as development and/or redevelopment occurs. It shall also prohibit the planting or cultivation of these species anywhere within the City. Policy B-1.8 FIND parcel (MSA 650) shall be developed to provide public park areas and additional access to the Intracoastal Waterway through the provision of a boat ramp and parking area. The development of these facilities shall maximize retention of the existing native plant communities. [Added by Amendment 04-2] CO - 14 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Objective B-2 Programs of education and regulation shall be implemented to increase public awareness and provide for the protection of flora and fauna. Regulatory measures shall ensure the protection, preservation, conservation, and appropriate use and protection of fisheries, wildlife and marine habitats which serve as habitat for endangered and threatened plant and animal species. Policy B-2.1 The submission of a biological survey and a habitat analysis shall accompany land use requests for plan amendments, rezonings, and site plan approval. However, the requirement shall not apply to small parcels, developed parcels, or where it is apparent that there are no such resources. Policy B-2.2 Whenever and wherever significant or sensitive flora and fauna communities are identified, plans shall be required to preserve the habitat to the extent feasible, or provide for mitigation if preservation is infeasible or inappropriate. Policy B-2.3 A tree permit shall be necessary to remove or destroy any tree which has a diameter of four inches or greater. Policy B-2.4 The City supports the maintenance of speed limits on the Intracoastal Waterway in order to provide a degree of protection for the Manatee. Objective B-3 The City shall implement programs and techniques to protect property from erosion and deterioration created by the impacts of wind and flowing water. Policy B-3.1 The City shall continue to control erosion from wind and flowing water through the building permit review and inspection process and the soil erosion control ordinance. Policy B-3.2 The City supports Palm Beach County's program to restore and protect the shoreline of Lake Ida. In addition, the City supports continuing monitoring of boating activity in the lake to assure that this activity does not produce adverse impacts on the shoreline. Policy B-3.3A program to accommodate necessary repair, replacement, and maintenance of City-owned seawalls along the Intracoastal Waterway shall be retained. Objective B-4 The City shall continue to implement its beach erosion control program and the environmental protection and enhancement aspects of its Beach Renourishment Program. CO- 15 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy B-4.1 As a part of the City's ongoing beach renourishment and protection program, the existence of pedestrian accesses to the beach shall be maintained and enhanced through the continuation of the dune management program. Where necessary to control erosion, accesses shall be enhanced in accordance with the Beach Access Study. Policy B-4.2 The City shall continue to implement the Sea Turtle Conservation Program, which includes monitoring of nesting and hatching activity, and enforcement of lighting restrictions. Policy B-4.3The City shall continue to implement its dune protection and enhancement programs, which include management of the dunes at the municipal beaches and regulation of private development activities. Policy B-4.4 The City shall maintain existing programs to protect offshore reefs and marine habitat through monitoring and management of beach renourishment construction activities. GOAL AREA "C" THE QUALITY OF THE AIR AND THE RECREATIONAL WATERWAYS OF THE COMMUNITY ARE TO BE PROTECTED AND ENHANCED. Obiective C-'I The level of air quality exceeds minimum FDEP standards pursuant to Florida Administrative Code Rule 17-2.300. The City shall continue efforts to maintain this condition through support of motor vehicle inspections and air quality regulations, and the high level of maintenance of its fleet. Obiective C-2 The City shall support and participate in regional efforts to protect and enhance the quality of waterways, including Lake Ida, the drainage canal system, and the Intracoastal Waterway. Policy C-2.1 The City shall encourage continued monitoring and enhancement of the Lake Ida water quality by the responsible agencies, with the goal of achieving a level of water quality that will allow swimming. Policy C-2.2 The City shall seek the placement of signs on the Intracoastal Waterway discouraging discharge of litter and emphasizing the location of public sewage pump- out stations. CO - 16 CITY OF DELRAY BEACH, FLORIDA ADOPTION APPENDIX "F" (Amended Comprehensive Plan pages for the Open Space and Recreation Element) ADOPTION APPENDIX "F" COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOALS, OBJECTIVES, AND POLICIES GOAL AREA "A" RECREATION OPPORTUNITIES AND FACILITIES Objective A-1 Level of Service Adopted PolicyA-l.1 Maintenance of L.O.S. Objective A-2 Provision of Recreation Facilities Policy A-2.1 Additional Services to be Provided Policy A-2.2 Methods of Providing Additional Service Policy A-2.3 Annual Allocation Required Policy A-2.4 Scenic Recreation Network Policy A-2.5 Bicycle Safety Education Policy A-2.6 Catherine Strong Center and Full Service Center Policy A-2.7 Neighborhood Mini-Parks [B~vise~li)yAme.~lme. tO0-2l PolicyA-2.8 Community Center Expansion Policy A-2.9 Reuse of Sarah Gleason Park Policy A-2.10Field Lighting Policy A-2.11Criteria for Increasing CIP Priodty Policy A-2.12Criteria for Increasing CIP Priority Policy A-2.13Criteria for Increasing CIP Priority Policy A-2.14Master Plan [Added by Amendment 04-2] Policy A-2.15Old School Square Urban Park [Added by Amendment 04-2] Objective A-3 Public - Private Partnerships Policy A-3.1 Tots Lots and Recreation Areas Required in New Residential Developments Policy A-3.2 Public Role in the Arts and Culture Policy A-3.3 Youth Activities Policy A-3.4 Joint Use Programs with the School District PolicyA-3.5 Information Exchange Policy A-3.6 Provision of Leisure Programs and Activities Policy A-3.7 Provision of Diversified Recreation Programs Objective A-4 Private Recreational Facilities Policy A-4.1 LDR Analysis Re: Private Recreational Facilities Policy A-4.2 Staff Assistance to Developers GOAL AREA "B" OPEN SPACE Objective B-1 Retention of Open Space OS - 16 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy B-1.1 View Corridors Policy B-1.2 Street Beautification Programs Policy B-1.3 Entry Features and Landscape Buffers Objective B-2 Preservation of Natural Areas Policy B-2.1 Preservation of "Conservation Areas" Policy B-2.2 Zoning Requirements Policy B-2.3 Beach Pedestrian Access Objective B-3 Accessibility Policy B-3.1 Access to the Intracoastal Waterway policy B-3.2 Beach Access Objective B-4 Passive Area Public Access and Facilities OS - 17 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOAL AREA "A" RECREATIONAL OPPORTUNITIES AND FACILITIES WHICH ENHANCE THE QUALITY OF LIFE, PROVIDE FOR FAMILY RECREATION AND INTERACTION WITH OTHERS, AND PROMOTE THE SPIRIT OF COMMUNITY SHALL RECEIVE HIGH PRIORITY IN THE INVESTMENT OF THE CAPITAL RESOURCES OF THE CITY. Objective A-1 The City hereby adopts the Department of Natural Resources Standards for Park Facilities in Florida, and the National Park and Recreation and Open Space Standards, as shown in this Element as measures for "level of service" applicable to parks, recreation, and open space in Delray Beach. Policy A-1.1 The City shall maintain the adopted level of service for all recreational facilities through build-out. Objective A-2 Park and recreation facilities shall be adequately and efficiently provided through implementation of the following policies: Policy A-2.1 The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. Policy A-2.2 The City, through the Parks and Recreation Department, shall place its first recreation pdority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. Policy A-2.3 Funds shall be allocated, on an annual basis, for the purpose of achieving Policy A-2.2. This mechanism shall only be one of the funding sources which are applied to meeting that policy. Policy A-2.4 The City shall strive to develop a scenic recreational network for pedestrians and bicyclists. This network should make use of existing resources where possible, such as canal rights-of-way. In this way the scenic network would be similar to the rails-to-trails concept. Development of the network is not seen as a high priority work item, but every opportunity to advance such a network should be taken. Policy A-2.5 The City shall continue to support and expand bicycle safety education programs for both children and adults. OS - 18 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy A-2.6 The City shall develop a program, in FY 98/99, to improve and upgrade the recreation facilities at the Catherine Strong Center, and shall work with the School Board to assure maintenance and improvement of the recreation facilities at the Full Service Center. Policy A-2.7 As part of the preparation of redevelopment and neighborhood plans the City shall evaluate the possibility of establishing neighborhood or "pocket parks" in the area for which the plan is being prepared. The evaluation should include identification of vacant or surplus parcels, and strategies to assure that the neighborhood determines the parameters of the park and is responsible for construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces./,~evise,~,y.~,,,e,,,~,,,e,,t 00-;~/ Policy A~2.8 Provide needed office space in the Community Center while maximizing multi-purpose room space for program needs. The expansion of the Community Center, or other solutions to the need to accommodate office and program space, should be a funding priority in the Comprehensive Plan. Policy A-2.9 The City shall develop a program, with funding requirements, for the reuse of Sarah Gleason Park (southwest corner Atlantic/A1A). Program development shall be completed in FY 97/98. Policy A-2.10 The City shall develop a program, with funding requirements including cost sharing by the School Board, for field lighting at the Full Service Center and Carver Middle School. Program development shall be completed in FY 97/98. PolicyA-2.11 Whenever the accomplishment of one or more of the activities cited can be achieved through major investment in an existing facility, such a situation shall be a justification for raising the priority of the major capital improvement on the capital improvement list. Policy A-2.12 The priority of a specific project may move up if it is funded from a dedicated revenue source and that funding is sufficient to accommodate the improvement (e.g. golf course improvement funded by a golf cart surcharge). Policy A-2.13 The priority of a specific project may move up if there is a contribution from the private sector, or other sources, or area development/redevelopment can be coordinated with its construction. Policy A-2.14 All planning for parks and recreational facilities shall be in accordance with the adopted City of Delray Beach Parks and Recreation System Master Plan. [Added by Amendment 04-2] Policy A-2.15 The City shall establish an Urban Park as part of the expansion of Old School Square Cultural Center. Multiple funding sources are to be pursued and the development should be accomplished by FY 2006/07. [Added byAmendment 04-2] OS- 19 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Objective A-3 The provision of recreation facilities and programs for the future well-being of this community is a joint responsibility of both the public and private sectors. That partnership shall be continued by each body taking an appropriate role as expressed in the following policies. Policy A-3.1 Tot lots and recreational areas, serving children from toddlers to teens, shall be a feature of all new housing developments as part of design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Policy A-3.2 The role of the Parks and Recreation Department in fulfilling community needs in culture and the arts shall continue to focus on programs. Private and quasi- public groups (e.g. Old School Square Foundation, Public Library, Atlantic Avenue Merchants Association, Historic Society, etc.) should be encouraged to provide facilities necessary to accommodate the arts (e.g. auditorium, indoor concerts, and the performing arts). The City shall provide reasonable assistance to such groups in as much as such efforts relate to the overall economic development of the community. Policy A-3.3 The City shall continue to develop and sponsor programs for youth activities. Policy A-3.4 The City, through the Parks and Recreation Department, shall continue its formal relationship and program with the school district for the joint use of school grounds for active sports such as soccer and for the creation of educational programs such as use of the nature and interpretative trails. Policy A-3.5 The City shall develop a program, with funding requirements, to establish an information exchange, staffed by City personnel, acting as a clearinghouse to encourage and publicize recreational activities to meet the needs of all cultural and age groups. Program development shall be completed in FY 97/98. Policy A-3.6 The City shall continue to encourage other community partners, including religious and social organizations, to join in the effort to provide leisure programs and activities for the community as a whole. Policy A-3.7 The City shall develop a program, with funding requirements, to diversify recreational programs to offer more alternative sports, music, drama, arts and crafts and youth-in-government programs. Program development shall be completed in FY 97/98. OS - 20 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Objective A-4 The provision of recreational facilities by the private sector is an important factor in the quality of life in the entire community, especially for teenagers and young adults. The City shall encourage the siting of appropriate private recreational facilities within the City through the provision of informational services, and consideration of innovative, quality development proposals. Policy A-4.1 The City shall consider modifications to the Land Development Regulations with regard to private recreational facilities, including the number of permitted, vs. conditional, recreational uses allowed in commercial zoning districts. Policy A-4.2 The City shall establish, within the Planning and Zoning Department, a staff level task team to assist potential developers of private recreational facilities. GOAL AREA "B" AN OPEN SPACE RETENTION AND ENHANCEMENT PROGRAM SHALL BE PURSUED IN ORDER TO ENRICH THE QUALITY OF LIFE IN DELRAY BEACH AS WELL AS ENHANCING PROPERTY VALUE AND THE COMMUNITY AESTHETIC Objective B-I The retention of open space areas is vital to meeting the overall themes of the Comprehensive Plan. Part of the image of open space is that of vistas and streetscapes. The maintenance of vistas and enhancement of the streetscapes are objectives which shall be accomplished through the following: Policy B-1.1 Large open space areas like golf courses and lakes, when developed within a subdivision, shall be located so that they provide a view corridor for the general public. Similarly, common areas which are a part of new developments shall be located, in some degree, contiguous to the extemal street system and likewise provide a view corridor. Policy B-1.2 The City shall continue its on-going street beautification efforts, including programs such as Adopt-A-Tree, landscaping upgrades as part of street construction projects, and an emphasis on providing sufficient funds to maintain existing landscaping at a high level. Policy B-1.3 New developments shall provide central focal points at entries and landscape buffers along the external (arterial, collector) streets which service them. Back-lotting of individual homes along such streets should be allowed only when special landscape buffers are provided between the rear yard walls or fences and the right-of-way. os - 21 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Objective B-2 Natural areas which provide relief from the urban fabric, provide a glimpse of the natural environment of South Florida, provide a natural laboratory for exploration of the area's history, and provide for a balance between the natural and man-made environment shall be preserved through the following policies. Policy B-2.1 The Land Use Map shall identify as "conservation" the following areas which shall be preserved: ri The FIND parcels 645 and 650 along the Intracoastal; The Leon Weekes Environmental Preserve; ri Delray Oaks; The oak hammock in the Hammock Reserve development; and, The Donnelley Tract on Palm Trail. Policy B-2.2 The Open Space (OS) and Open Space and Recreation (OSR) Zone Districts of the Land Development Regulations shall be applied to "Recreation", "Open Space" and "Conservation" parcels. The OS Zone shall provide for distinct standards applicable to open space lands and to conservation lands. Policy B-2.3 As a part of the City's ongoing beach renourishment program, the existence of pedestrian accesses to the beach shall be maintained and enhanced (See Conservation Policy B-4.1 ). Objective B-3 Not only shall existing access to beach areas and the Intracoastal Waterway be retained, but enhanced with special emphasis placed upon beach accessibility for residents of Delray Beach. This objective shall be accomplished through the following. Policy B-3.1 Additional access to the Intracoastal Waterway shall be achieved through improvements made at the time of development of the FIND parcel (MSA 650). Policy B-3.2 Current access points and pathways to the beach shall be enhanced through the policies which implement Objective B-4 of the Conservation Element. Objective B-4 The City shall ensure that public access and that passive resource-based facilities (i.e. trails, wildlife observation areas, etc.) are provided on publicly owned natural areas for the public use and enjoyment of the site. os - 22 CITY OF DELRAY BEACH, FLORIDA ADOPTION APPENDIX "G" (Amended Comprehensive Plan pages for the Intergovernmental Coordination Element) ADOPTION APPENDIX "G" COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOALS, OBJECTIVES, AND POLICIES GOAL AREA "A" USE OF INTERGOVERNMENTAL COORDINATION Objective A-1 Coordination of Plans Policy A-1.1 Distribution Prior to Adoption Policy A-1.2 Consistency with Adjacent Governments Policy A-1.3 Mediation of Conflicts Policy A-1.4 Provision of Services and Information Policy A-1.5 Annexation Coordination Policy A-1.6 Continuing Application Policy A-1.7 Adjacent Local Government Notification Policy A-1.8 Assessment of Local Government Impacts Policy A-1.9 Designation of Joint Planning Areas [New Policyper Amendment99-1CE] Policy A-l.10Collaborative Planning for Matters of Interjurisdictional Significance [New Policy per Amendment 99-1CE] Policy A-1.1 1 Regional Water Supply [New Policy per Amendment 04-2] Objective A-2 Coordination of L.O.S. Standards Policy A-2.1 Distribution Prior to Adoption Policy A-2.2 Provision of Information Policy A-2.3 Resolution of Conflicts Policy A-2.4 Continuing Application Objective A-3 School Board Coordination Objective A-4 Coordinating the Needs of Other Elements Objective A-5 Improving Intergovernmental Coordination lC -19 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOAL AREA "A" A CONTINUOUS AND COORDINATED EFFORT WHICH INVOLVES ALL AFFECTED UNITS OF GOVERNMENT, REGULATORS, AND SERVICE PROVIDERS SHALL BE MADE IN PURSUIT OF ACCOMPLISHING THE GOALS OF THE COMPREHENSIVE PLAN Obiective A-1 The City's Comprehensive Plan shall be coordinated with the planning and service delivery efforts of those units of government and agencies which may be impacted by it. This objective shall be met through the following: Policy A-1.1 Notification of proposed plan amendments shall continue to be provided to all local units of government in-*Palm Beach County through the Interlocal Plan Amendment Review Committee (IPARC), and to affected adjacent municipalities and service providers through direct notification. Policy A-1.2 Amendments to plans of adjacent units of government shall be reviewed pursuant to the formal plan amendment review program. The City Manager, or his designee, is authorized to issue a statement of "intent to object" when the actions of another municipality may affect the City of Delray Beach. Such situations may be analyzed by the Local Planning Agency who shall recommend to the City Commission any formal objection which is to be made. Policy A-1.3 Conflicts which may occur in the implementation of the City's Comprehensive Plan or which may occur in the implementation of the Plan of a neighboring jurisdiction shall be brought to the attention of the affected jurisdiction in order to resolve the situation. If an early resolution of the conflict cannot be achieved, the item will first be taken to the Multi Jurisdictional Issues Coordination Forum for review and direction. If further resolution is still necessary, the informal mediation process provided by the Treasure Coast Regional Planning Commission shall be pursued by the City of Delray Beach. Policy A-1.4 The City Manager's Office through its Planning and Zoning Department shall maintain a listing of entities affected by this Plan and shall provide to them information regarding City actions which affect provision of services or plans for facilities which affect them. Policy A-1.5 Future annexations by the City of Delray Beach shall be carried out pursuant to Policy B-3.5 of the Future Land Use Element (Annexation Program) and shall be consistent with adopted annexation policies of Palm Beach County. Consistency shall be determined by specific notification of each annexation to the Planning Director and concurrence by that office. lC -20 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy A-1.6 This objective and its implementing policies shall be followed for each proposed plan amendment. PolicyA-1.7 Whenever a development proposal which involves a private land use petition that requires Local Planning Agency review or implements a development activity proposed in this Comprehensive Plan and it is located within one-quarter mile of the boundary of an adjacent unit of government, a copy of the development application or development activity description shall be provided to the affected unit of government upon its receipt by the City of Delray Beach. Policy A-1.8 The staff report prepared for any development application or development activities proposed in the plan and provided to the Local Planning Agency shall contain an assessment, if applicable, of how the proposed activity may affect the existing plans of any adjacent local government. Policy A-1.9 The City shall coordinate with Palm Beach County to designate those unincorporated areas within the City's official Planning Area as "Joint Planning Areas". Those areas shall be subject to the policies included within Future Land Use Element Objective B-3. This coordination shall be accomplished through the execution of an intedocal agreement with Palm Beach County within one year from the date of adoption of this policy. [New Policy per Amendment 99-1CE] PolicyA-l.10 The City of Delray Beach shall utilize the Palm Beach Countywide Intergovernmental Coordination Program as a regular formal forum in which to deal with issues unique to Palm Beach County and the municipalities. The Multi-Jurisdictional Issues Coordination Forum shall be utilized as a means of collaborative planning for matters of interjurisdictional significance including, but not limited to, the siting of facilities with countywide significance and locally unwanted land uses. [New Policy per Amendment 99-1CE] Pol!cy A-1.11 The City shall support efforts to integrate land use and water resource planning to ensure the availability of water for regional water management purposes. Accordingly, the SFWMD shall be designated as a commenting agency on large scale plan amendments and other projects with potential impacts on regional water resources and programs, and shall be encouraged to provide comments prior to any action on the amendments, rezonings or development projects with regional impacts, made by the Local Planning Agency / Zoning Board, or the City Commission. [New Policy per Amendment o4-21 Objective A-2 The level of service standards contained within this Plan shall be reviewed by and established in conjunction with the entity which has operational and maintenance or planning responsibility for such facilities. PolicyA-2.1 During review of any Plan amendment which involve changes to the level of service standard, letters shall be sent to each entity which is affected by a level lC -21 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 of service standard adopted pursuant to this Plan. The letter shall ask for concurrence with the proposed standard. Policy A-2.2 Additional information as to the basis of the level of service standard shall be provided to said entities upon request. Policy A-2.3 Any conflicts emanating from Policy A-2.1 and which are not resolved prior to resubmission to D.C.A. shall be taken to the Interlocal Plan Amendment Review Committee (IPARC) and Multi-Jurisdictional Issues Coordination Forum as appropriate, for direction and/or mediation. Policy A-2.4 This objective and its implementing policies shall be followed for each proposed plan amendment which affects a level of service standard. Objective A-3 The objectives and policies contained in Goal Area D of the Future Land Use Element and which provide mutual obligations for the enhancement of schools in Delray Beach and the furtherance of School District policies shall be coordinated with the School District, with the goal of implementation of the City's adopted plan entitled "Sharing for Excellence in Schools 1994". Objective A-4 The City shall emphasize the intergovernmental coordination activities needed to achieve the policies and programs identified in other elements of the Plan, as described in the Needs and Recommendation section of this Element. Objective A-5 The City shall seek to improve relationships with those entities with which coordination problems have been identified. lC -22 A~:~!~ ............ ~ ~:~.~: ................. ~:~-:~.-.-.-,~,, ~ ......... ~-~:. :: ::: :~.:~-.~ ~:.~...:-~: : ~:~-~.~ ~;:'~ .............. ~.~-. ~..~.~:,~-..~ CITY OF DELRAY BEACH, FLORIDA ADOPTION APPENDIX "H" (Amended Comprehensive Plan pages for the Capital Improvement Element) ADOPTION APPENDIX "H' COMPREHENSICVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 TABLE Cl-ClP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25~000 RECREATION IMPACT FEE Delray Swim & Tennis Club Ph 11 50,000 0 0 0 TOTALS: $50.000 $0 $0 $0 $0 COMMUNITY DEVELOPMENT FUND Land Acquisition 30.000 0 0 O Bikepat_hs/Sidewalks 90,000 0 0 0 0 TOTALS: $f20.000 $0 $0 $0 $0 BEAUTIFICATION TRUST FUND Computerized Irrigation System 75,000 50,000 50.000 50,000 0 Lake Ida Fence/VVall 125,000 0 0 0 0 North Dixie Hwy 50.000 0 0 0 0 City Wide Tree Trimming - Equipment 0 0 133,000 0 0 TOTALS: $250.000 $50.000 $183.000 $50.000 $0 BEACH RESTORATION FUND Surveys 34.740 36,129 37,575 39,078 50,00(, Engineering 0 0 278,500 93,000 70.00C Fill Placement 0 0 0 0 7,250;00(, Construction - Bid 0 0 0 23.500i 0 Post Construction Environmental 0 0 0 265,000' 0 Construction - Environmental 0, . _ 0 0 0 265.000 Constmctluon - Loan 0 0 0 0 365,000 Sea Turtles Monitoring 14,800 16,300 16,300 16,300 30,000 Dune Revegetation 50,000 50,000 50,000 0 0 Update Geotech 0 0 150,000 0 0 Other Expenses 6,000 6,000 6,000 6,000 6,000 TOTALS: $105,540 $108,429 $538.375 $442,878 $8.036,000 GENERAL CAPITAL IMPROVEMENTS Streets, Alleys, Parking Lots, Bridges & Sidewalks Street Reconstruction 100,000 140,000 150,000 150,000 150,000 Sidewalks/Swales/Bikepaths 0 50.000 50,000 50,000 50,000 Pineapple Grove-Sidewalks 0 0 0 52,000 0 Downtown Parking Lots 0 0 138.000 0 0 Traffic Calming 50,000 100,000 100.000 100,000 100,000 FEC X-ing Rehab 60,000 63,000 66,000 69.000 72,000 FEC Quiet Zones 13,000 75,000 0 0 Dixie Highway-US I Connector 0 90,000 0 0 0 O_~c_ _eola Park 132,500 615,500 0 0 Country Club Acres 400.000 0 0 0 ~W 2nd Av - SW 1st St to Atlantic Av 0 230,000 0 0 ~E/NE 1st Street One-Way Pair 700,000 0 0 0 ~.tlanfic Avenue (~ NW 24th Ave Signalization 150,000 0 0 0 Bddge - Linton Blvd Tender House 0 167,000 0 0 NE 8th Avenue- North of Bond Way 0 52,000 0 0 SW 8th Avenue - SW 11th Stto SW 10th St 0 72,000 0 0 O SW 1st Av - SW 1st St to W Atlantic Av 0 0 0 293,000 0 Dotterel Road-Audubon Blvd to N End 0 0 0 0 423.000 Block32 Alley 0 0 0 0 44,000 Buildin~l Construction/Rehabilitation Cemetery Maintenance Building 0 0 0 170,000 0 Fire-Rescue/Police Training Facility 250,000 0 0 0 0 Beautification SE/NE 5th Av & 6th Av - SE 4th St to NE 4th St 850,000 5.000,000 0 0 (, SE/NE 5th Av & 6th Ay - SE 4th St to SE 10th St 850,000 5,000,000, SE/NE 5th Av & 6th Av - NE 4th St to George Bush Blvd 850,000! 5.000,00(, W Atlantic Av - Ph III - loth Av to 6th Av 2,013,000! 0 0 0 0 VV Atlantic Av - Ph IV - 12th Av to lOth Av 0 1,755,000 0 0 0 SE 2nd St - S Swinton Av to FEC X-ing 0 0 0 211.000 0 Parks & Recreation Facilities Tennis Center Canopy Replacement 0 25,000 0 0 0 Tennis Center-Rehab Clay Courts 0 50,000 50,000 50,000 50,000 Tennis Center-Replace Stadium Seats 0 0 0 70,000 35,000 Tennis Center-Equipment Storage Enclosure 0 0~ 0 0 25,000 Pompey Park Roof Replacement 375,000 0 0 0 0 Pompey Park/Community Center Bleachers 0 40,000 0 55,000 0 Parks-Replace Playground Equip. 30,000 30,000 0 0 0 Parks-Parking Lots 0 0 90,000 0 90,000 Men'itt Park 0 0 45.000 0 Banvick Park Resodding 0 0 0 0 60,00(~ Old School Square Maintenance 43.000 0 0 0 Old School Square Roof Repair 100,000 0 0 0 0 Miller Park-Bleacher Replacement 0 0 0 0 62.500 ~liller Park-Fence Replacement 0 50,000 100,000 0 0 ~liller Park-Parking Lot Expansion 0 0 100,000 0 0 Miller Park Storage Building 0 0 0 200,000 0 Dffice Expansion/Park Maintenance 0 0 85,000 0 (, Bulldin~l & Equip. Renewal & Replacement Cit~ Commission Chambers Modernization 0 221,000 0 0 0 [Table Revised by Amendment 04-2] CI-28 COMPREHENSICVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25T000 City Hall Generator 0 0 0 0 230,00C Building Maintenance 100,000 100,000 150,000 150,000 150 Roof Repair & Replacement 103,000 40,000 177,500 107,000 R&R-Computer Equipment 150,000 150,000 150,000 150,000 150,000 Multi-Space Meters 0 22,000 0 0 0 Fire - Additional Parking 0, 0 120,000 0 0 Fire - MDT for FD Vehicles - Repeaters 0~ 171,500 0 0 0 Fire - Sipace Study ol 25,000 0 0 0 Fire - Upgrade Generator FD Headquarters0' 0 100,000 0 0 Fire - EM2000 Software & Server 0 32,200 0 0 0 Fire - Firehouse Sofiware & Server 0 41,000 0 0 0 Police - Hurricane Shutters 50,000 0 0 0 0 Police - New Phone System 180,000 0 0 0 0 Police - Replacement Laptop Computers 460,000 30,000 0 152,240 152,240 Police - Cibix License 39,000 0 0 0 0 Police - Space Study 0 0 25,0OO 0 (, Police - Omnitrak Latent Station 0 0 0 0 114,000 Police - Mobile Command Vehicle 0 0 0 0 189,000 Police - Bdeflng Room Renodeling 0 0 0 0 32,500 Server Replacement 0 25,000 25,00O 25,0OO 0 Replacement Internal Building Data Cabling 0 200,000 200,000 0 0 Citrix Metaframe 110,000 0 0 0! 0 Community Improvement - eGovemment Software 37,000 0 0 0 0 Fiber Optics - Public Safety Loop (Po/ice, Fire & City Hall} 0 0 0 0 80,000 Fiber Optics - Expansion to Pompey Park 0 0 0 01 65,000 Lightning Protection for Fire & Police Depts 0 0 0 0 31,000 San's Network Mirroring between City Hall & Police 0 0 0 260,000 240,000 Other Miscellaneous Lifeguard Towers 140,000 115,300 0 0 0 Neighborhood Enhancement 150,000 200,000 200,000 200,000 200,000 Fire-Substations Wireless Network 42,000 0 0 0 0 Parks - Exotic Tree Removal 0 0 228,100 0 0 Beach Pavilion at A1A & Atlantic Avenue 0 0 175,000 0 0 Parks - Mobile Stage 0 0 0 115,000 0 TOTALS: $6,827,500 $9,977,500 $3,374,600 $8,479,240 $7,795,240 WATER/SEWER NEW CAPITAL OUTLAY County Club Acres Improvements 316,000 0 0 0 SCRW']'DB Pelletization Project 1,000,000 · 1,000,000 500,000 0 W Atlantic Ave Phase III-Water Main 168,000 0 0 0 Vehic/es- W/S Network 100,000 0 0 0 Interactive Voice & Web Response 109,500 0 0 0 0 Meters - Radio Read on the Beach 78,500 0 0 0 0 SCRWTDB Ocean Current Meter 50,000 0 0 0 Sludge Storage Building Expansion 150,000 0 0 0 Sludge Thickener-Additional 0 460,000 0 0 West Atlantic Phase IV-Water Main 0, 168,000 0 0 Greenbrier Drive-Sewer 0 0 176,000 0 0 TOTALS: $1,972,000 $1,628,000 $676,000 $0 $0 INATER/SEWER CONNECTION FEES SCRWTDB Reclaimed Water Treatment Facility 1,250,000 750,000 0 0 0 Hospital Agreement 45,000 0 0 0 0 Reclaimed Water Transmission System 1,972,900 1,050,000 600,000 1,200,000 700,000 LS 100A Capacity Upgrade 225,000 0 0 0 0 TOTALS: $3,492,900 $1,800,000 $600,000 $1,200,000 $700,000 YATER/SEWER RENEWAL & REPLACEMENT FUND Engineering Office Modifications 60,000 0 0 0 0 D.5 mg Elevated Water Storage Tank 64,000 25,500 25,500 25,500 25,500 Water Main Leak Repairs 75,000 75,000 75,000 75,000 75,00(, LS Conversion to Submersible 80,000 0 0 O i LS 50 Dry-Pit Submersible Pump 30.000 0 0 · 0 Manhole Rehabilitation 50,000 50,000 50,000 50.000 50,000 Water Main Rehabilitation 250,000 150,000 250,000 250,000 250,000 Sewer Main Rehabilitation 300,000 500,000 500,000 500,000 500.000 Office Telephone Equipment 0 150,000 0! 0 0 Cladfier Rehabilitation 200,000 200.000 0 0 0 Portable Generator Replacement 35,000 0 0 0 0 Water Service Relocations 50.000 0 0 0 0 Water Main-Palm Trail Neighborhood 350,000 0 527,000 O 0 Water Main-Osceola Park 387,000 512,000 0 0 Water Main-Lake Ida Area 0 365,000 0 0 Water Main-SW 12th Av & SW 11 th Av 295,000 0 0 0 Water Main-SE/NE 5th & 6th Ay-SE 4tn St to NE 4th St 35,000 160,000 0 0 Water Main-SR AIA-E Atlantic Av to Pelican Ln 113,000 662.500 0 0 Water Main-SR AIA-C=_~u~dna Rd to E Atlantic Ave 60,000 0 350,000 0 Water Main-Seasage/Melaieuca/Oleander 0; 140,000 0 0 0! Water Main- NE 8th Av-North of Bond Way 0 10.000 0 0 6 Water Main-SW 3rd St, 3rd Av & 6th Av 0 O! 497,000 0 Water Main-SW 10th Ave 0 0 190.500 0 0 [Table Revised by Amendment 04-2] CI-29 COMPREHENSICVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 TABLE Cl-ClP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > ~,25~000 Water Main- North Lake Ida Area 0 0! 190,000 0 0 Water Main-SE/NE 5th & 6th Ay-SE 4th St to SE 10th St 0 0; 34,000 225,000 0 Water Main-SW 1stAy & SW 4th St 0 0 234,000 0 0 Water Main-SE/NE 5th & 6th Ay - NE 4th St to George Bush Bird 0 0 0 17,000 100,000 Water Main-SW 11th & SW 12th Avenue 0 0 0 259,000 Water Main-NW 12th St & Grove Way 0 0 0 546,000 C Water Main-SE 1st Ay-SE 3rd St to E Atlantic Ave 0 0 0 259,000 Water Main-Eldorado Lane & Sunshine Ddve 0 0 0 198,000 0 ~ater Main-N E 1st Av 0 0 0 122,000 ~Vater Main-Ocean Terrace & Coconut Row 0 0 0 146,000 0 Water Main-Delray Shores Neighborhood 0 0 0 0 1,009,500 Water Main-SW 15th Ay 0 0 0 0 117,000 Water Main- NW 4th Ay & NW 3rd Av 0 0 0 0 322,000 Water Main - Block 32 Alley 0 0 0 0 39,000 Water Main-NE 8th Avenue 0 0 0 0 304,00C Highpoint Interconnect 130,000 0 0 0 (, Gas Chlodne Conversion to Liquid 220,000 0 0 01 (, Lagoon Service Drive 26,000 0 0 0 (, WTP - Aerator Replacement 100,000 0 0 0 0 TOTALS: $2,910,000 $3,000,000 $2,923,000 $2,672,500 $2,792,000 MUNICIPAL GOLF COURSE Other Machinery & Equipment 50,000 75,000 70,000 60,000 75,000 TOTALS: $50,000 $75,000 $70,000 $60,000 $75,000 LAKEVIEW GOLF COURSE Other Ma(h, & Equipment 0 0 35,000 0 25,000 TOTALS: $0 $0 $35,000 $0 $25,000 STORMWATER UTILITY General Stormwater Repairs 0 45,600 50,000 50,000 50000 Vacuum Truck 0 0 225,000 0 0 Osceola Park 338,000 252,000 0 0 0 Lake Ida Area 0 90,000 0 0 0 NE 4th St-NE 5th Ave to NE 6th Ave 205,000 0~ 0 0 0 Country Club Acres 60,000 0 0 0 0 ;Rainberry Woods 128,000 0 0 0 ;E/NE 1st St One-Way Pair 75,000 0 0 0 ~/Atlantic Avenue - 10th Ave to 6th Av Phase III 75,000 0 0 0 DixieHighway-US I Connector 0 15,000 0 0 NE 8th Avenue - North of Bond Way 0 10,000 0 0 O; SW 8th Avenue - SW 11th St to SW 10th St 0 10,000 0 0 0 Sees=9~_~Vlelaleuca/Oleander 0 556,000 0 0 0 Thomas St Pump Station Modifications 0 0 137,000 0 0 NW 6th St & NW 3rd Avenue 0 0 139,000 0 0 NW 12th St and Grove Way 0 0 0 87,000 £ SE 2nd St - S Swinton Ave to FEC X-ing 0 0 0 140,000 SW 1st Ave-SW 1 st St to W Atlantic Ave 0 0 0 176,000 Dotteral Road-Audubon Blvd to N End 0 0 0 0 54,00[, Block 32 Alley 0, 0 0 01 10,00[, Pump Station Rehab 0 0 250,000 250,000 250,000 Emgineefing Office Modifications 60,000 0 0! 0 0 Debt Service 53,520 53,550 53,508 53,836 54,071 TOTALS: $994,520 $1,032,150 $654,508 $756,836 $418,071 CENTRAL GARAGE FUND Vehicle Replacement 656,525 1,175,000 1,200,000 1,110,000 1,435,000 Vehicle Restoration 45,000 85,000 85,000 85,000 85,000 Fire-ALS Re~'J~e Replace 193,500 203,500 213,500 224,200 470,800 Fire-Equipment Pumper Replacement 0 0~ 400,800 0 436,100 Fire-Spec__Ja! Operation Truck 0 345,000 0 0 0 Transfer to General Fund-Fire Ladder Truck 0 0 0 400,800 0 Transfer to General Fund-Pumper Ladder Replacement 447,875 0 0 0 0 Transfer to General Fund - Spedal Operation Truck 0 0 345,000 0 0 TOTALS: $1,342,900 $1,808,500 $2,244,300 $1,820,000 $2,426,900 PARKS AND RECREATION BOND Community Center/Pompey Park 260,000 0 0 0 0 Senior Ctr/VVestem Community Center 0 2,980,000 0 0 0 70,000 410,000 0 0 0 Pompey Park Building Expansion 3Id School Square 2,475,000 0 0 0 0 Soccer Complex 107,000 2,618,000 0 0 0 Beach Furniture 75,000 0 0 0 0 New Library - Furnishings 1,000,000 0 0 0 [, TOTALS: $ 3,987,000.00 $ 6,008,000.00 $0 $0 $0 [Table Revised by Amendment 04-2] CI-30 ................................. ~i~ ................................................ ................................... ............. ~i', ..... ........... CITY OF DELRAY BEACH, FLORIDA ADOPTION APPENDIX "1" (Amended Comprehensive Plan pages for the Public School Facilities Element) ADOPTION APPENDIX "1' COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 PUBLIC SCHOOLS FACILITIES ELEMENT OF THE COMPREHENSIVE PLAN CITY OF DELRA Y BEACH A. INTRODUCTION 1. Overview. The Palm Beach County, the School District of Palm Beach County, and 26 participating local governments within the school district have chosen to implement public school concurrency, requiring each local goYemment to adopt consistent comprehensive plan amendments. The amendments include the following: · The proposed Public Schools Facilities Element and the accompanying data and analysis to meet the minimum criteria for the Element set forth in Rule 9J-5.025, F.A.C., for the purpose of imposing school concurrency. It is intended to assure coordination among the County, local governments, and the School District so that school capacity at the adopted level of service standard is available at the time of the impacts of development. · The Capital Improvement Element to incorporate a financially feasible capital improvement plan for school concurrency, setting forth a six-year financially feasible public school capital facilities program that demonstrates that the adopted levels of service will be achieved and maintained. · The Comprehensive Plan Map Series to incorporate nine new mapS depicting the proposed Concurrency Service Areas (CSA) and other information required by the rule. These amendments were adopted by Special Amendment 2001-3 (01-3). The Plan amendments for school concurrency are submitted along with an executed Interlocal Agreement which satisfy the requirements of ss.163.3177(6)(h)1, and 2., F.S., and ss.163.3180(13)(g),F.S., establishing processes for intergovernmental coordination and collaborative planning among the School District, the County and the 26 participating municipalities. [Revised per Amendment 04-2] The Public Schools Facilities Element (PSFE) and related comprehensive plan amendments to establish public school concurrency are based upon the following data and analysis pursuant to requirements of Rule 9J-5.005(2), F.A.C. and Rule 9J- PS- 1 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 5.025(2), F.A.C. The principal source of data and analysis is provided by the School District of Palm Beach County in its adopted Five-Year Capital Facilities Plan and Capital Budget. (CIE Table SD-CIP) [Revised per Amendment 04-2] 2. School District of Palm Beach County FY 2001-2005 Five-Year Plan and FY 2001 Capital Budget (Five-Year Plan). The School District facilities and capital requirements are presented in the current adopted Five-Year Plan and Capital Budget pursuant to s. 235.185 Florida Statutes, and the Educational Plant Survey. The Five-Year Plan describes the status of the existing facilities, economics, and enrollment trends of the School District. Each planning zone depicts its area's schools grouped by school type. Special Schools with district-wide boundaries are grouped in Planning Zone 19. Additionally, the Five-Year Plan presents school facility planning, considering the District's facilities goals, capital requirements and funding mechanisms. The Five-Year Plan is organized to present facilities information by high school planning zones for the purpose of determining enrollment, capacity calculations, and educational program considerations with evaluations of each facility's issues. Further, the Five-Year Plan provides descriptions of the School District's budgeted projects. Revenue sources are also discussed in the document along with alternative funding options. The Five-Year Plan details each school facility's existing enrollment, the existing School Student Capacity (FISH), and existing level of service (LOS) (% of utilization) within the high school planning zones. Demographic information and enrollment projections are provided in the Five-Year Plan. [Revised per Amendment 04-2] 3. Six Year Capital Improvement Schedule. In order to provide compatible financial feasibility between the School District's Five- Year Plan and the City of Delray Beach's required 5-Year Capital Improvement Program, the School District's Five-Year Plan was extended to project revenues and expenditures for a sixth year in the initial planning period. This information in total has been added to the Capital Improvement Element of the City of Delray Beach's Comprehensive Plan as: Table SD-CIP - School District of Palm Beach Six Year Capital Improvement Schedule. B. SERVICE AREAS SCHOOL CONCURRENCY SERVICE AREAS (CSA) For the purposes of measuring school concurrency on a less than district-wide basis, twenty-one (21) Concurrency Service Areas (CSA) are being established in the School District. The Interlocal Agreement directs that school attendance boundary adjustments will be made for each school facility within a CSA to achieve the adopted LOS, maximize school utilization, and establish travel times which do not exceed those set in School Board Policy 7.13 for elementary and secondary schools. PS - 2 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 1. Concurrency Service Area Map. Pursuant to Rule 9J-5.025(4)(c), F.^.C., school concurrency service areas which are less than district-wide must be depicted in the Comprehensive Plan. One of the proposed maps in the Comprehensive Plan Map PS 1.1, depicts the School Concurrency Service Areas (CSA). 2. Criteria to establish Concurrency Service Areas. The physical boundaries of the CSAs are delineated in the Implementation Section of the Public Schools Facilities Element. For school concurrency service areas on a less than district-wide basis, Palm Beach County is divided into twenty-one CSAs. The CS^ boundaries are described as bounded by section lines, major traffic-ways, natural barriers and county boundaries. In addition, each CSA boundary was delineated considering school locations, student transporting times, and to a lesser extent the future land uses in the area. Consistent with s.163.3180(13)(c)2.,F.S., changes to the CS^ boundaries shall be made only by amendment to the Public Schools Facilities Element and are exempt from the limitation on the frequency of plan amendments. 3. Concurrency Service Area Tables. Based on the District's Five-Year Plan, the School District Planning Zones (high school planning zones) data was used to create the CSA tables to present capacity, projected enrollment, and utilization of the School District's facilities as required by Rule 9J- 5.025(2)(e) and Rule 9J-5.025(3)(c)7, F.A.C., for School Concurrency. The twenty-one CS^s have been developed consistent with s.163.3180(13)(c)2., F.S., required when the school concurrency service area is less than district-wide. The CSA tables have also been added as an appendix to the current Five-Year Plan. Under the title of each table there is a reference to the School District Planning Zones where the information was taken from and where detailed data is depicted. [Revised per Amendment 04-2] Each CSA Table presents a specific CSA with its school facilities by type. As depicted on the CSA Tables, the data requirements for portions of Rule 9J-5.025(2) (b), (c) and (e), F.A.C., for the Public Schools Facilities Element are specifically addressed in each CSA. The CSA Tables provide the following school data by CSA and by school type consistent with Rule 9J-5.025, F.A.C.: (1) The projected enrollment, capacity and projected level of service (% of utilization) by year for the six year planning period. (2) The targeted actual LOS of 110% is achieved countywide in school year 2004-05. PS - 3 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 (3) The total projected school facility surpluses and deficiencies by year for the six-year planning period based on projected enrollment by school type. Enrollments, capacities and utilizations are shown adjusted per year as the school improvements are anticipated to be completed. (4) The means by which the enrollment is stabilized and the adopted LOS is attained through redistribution of students by boundary adjustments or school construction or other capital improvements. (5) The school facilities planned for each CSA to accommodate projected enrollment at the Tiered Level of Service (LOS) standard each year projected for the first four-year period, then at the adopted LOS for the fifth year of the initial planning period. School utilization does not exceed the targeted 110% 1OS in the sixth year. (6) The notes provided at the bottom of each CSA Table page describe the provision of school facilities by type to be newly opened or modernized to provide for future enrollment or enrollment relief for existing schools within the CSA and schools in adjoining CSAs. Further analysis of the adequacy of the level of service conditions is located within the School District's current adopted Five-Year Plan and Capital Budget. As indicated in the CSA Tables, the program and boundary adjustments necessary to effectively utilize capacity may occur at any time. [Revised per Amendment 04-2] C. SCHOOL DISTRICT OF PALM BEACH COUNTY DISTRICT-WIDE LONG RANGE PLANNING 1. Enrollment. In the 2000-01 school year, the School District serves 151,000 K-12 students through regular and special programs and partnerships in a variety of facilities. There are more than 147,000 students served in schools with boundaries and/or magnet programs at regular schools measured in the Concurrency Service Area Tables. [Revised per Amendment 04-2] The Table Enrollment Capacity & Shortfall/Surplus for 04/05, 09/10, &19/20, provides information regarding total projected enrollments and corresponding school facilities needed for each CSA to accommodate the adopted level of service standard for the end of the initial five year period and long range planning period of ten and twenty years. The tables list the total enrollments, capacity, and shortfall or surplus by school type District-wide. Population shifts which may result in adjustments to school attendance zones and CSA total enrollments, require the School District to determine the number of school facilities needed district-wide. Based on the total long range projected enrollment for each type of school, the table shows the projected facilities needed district-wide for elementary, middle and high schools. [Revised perAmendment04-2] PS - 4 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 The CSA Tables also reflect the 2,147 students enrolled in altemative and special schools. Students are assigned to these schools without regard to attendance zones. In addition, the CSA Tables show 728 students participating in programs not based in School Districts Facilities. 2. Additional Capacity and Ancillary Plants. For the end of the initial planning period, the required Map Series PS 3.1 depicts the locations of proposed schools with confirmed sites and the planned schools without confirmed sites. The long range facility demand map PS 3.3 shows general future demand for schools based on projected population. The facilities required to meet these future demands are anticipated but not yet budgeted. [Revised per Amendment 04-2] Based on the School District's Five-Year Plan, no ancillary plants are planned to be converted to school facilities for school concurrency purposes. Similarly, the Five-Year Plan shows the School District has no plans to convert any school facility to an ancillary plant. Additionally, the School District is not planning an expansion of any ancillary administration or support facilities with the exception of a bus depot. Currently, educational centers known as Full Service Centers operate out of two ancillary plants. These centers house a variety of public school and non-profit programs that serve preschool children through adults. These programs include Head Start, drop-out prevention and Second Chance Programs, adult education, child care and wellness centers, etc. Ancillary facilities are also utilized for School District Area offices, which support educational activities and are not utilized for the measurement of school concurrency. 3. School Attendance Zones. Existing district-wide school attendance zones for each school facility are provided by school type on School Attendance Zone Maps. [Revised perAmendrnent 04-2] 4. District-wide Programs - Special, Alternative, and Supplemental Programs. The School District of Palm Beach County offers a range of special, altemative, and supplemental educational programs on a district-wide basis. In the Five-Year Plan, the planning zone entitled "Planning Zone 19: Special, Alternative, and Supplemental Programs" analyzes a variety of programs offered in the special and altemative school setting. These programs operate at the discretion of the School Board in a range of different facilities with district-wide boundaries. The number of students served, where they are housed, and integration with the regular programs, are all choices driven by District policies and budgets. Planning for these programs is an essential component to long range planning for school buildings. Special programs affect school enrollment, capacity, utilization and building design. The alternative and special schools serve more than 2,100 students. Students are assigned to these programs without regard to attendance zones. The enrollment in the programs is projected to be stable for the 5-year planning period. PS - 5 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Facilities Plans and recommendations to accommodate these programs during the next five years are to be completed for the current adopted Five-Year Plan. They will identify where programs are or will be located, how many students will be served at each facility, and other special facilities needs. [Revised per Amendment 04-2] 5. Charter Schools Charter schools are considered public schools that operate under a special charter with a school district. A charter school sets its own attendance criteria and selects its own facilities. The State provides funding through a separate formula for its operating and capital budgets directly to the charter schools; therefore, charter schools are not included in the School District's Capital Plan. For the purposes of school concurrency, charter schools cannot be used to determine capacity for residential development. In the 2000-01 school*year, 9 charter schools serve 709 students. New applications for additional charter schools have been received for school year 2001-02 that may serve up to a total of 2,800 students. 6. Population District-wide -Projected Enrollment. The projected district-wide school enrollment is based upon the demographic and economic profiles developed by the County which establish the basis for projecting capacity requirements through the initial five year planning period and the end of the long range planning period, consistent with Rule 9J-5.025(2)(b), F.A.C. The School District has experienced an annual enrollment growth of 5% since 1985. This is an average annual increase of approximately 5,000 students each school year. This annual growth rate will be moderated over the next five years. Figures 2 through 6 on pages 1-3 and 1-4 of the School District's current adopted Five- Year Plan and Capital Budget, present enrollment projections based upon demographic and economic profiles. Over the next 5 years, the School District's K-12 enrollment is projected to increase by 10,000 +/- students to nearly 160,000. The total enrollment figures have closely tracked the general population trends. Generally, the average annual enrollment increases in the middle and high school age range and is expected to continue for the next three years. [Revised per Amendment 04-2] Palm Beach County's geographic area is approximately 2,023 square miles. It is comprised of 1,739.4 square miles of unincorporated areas and thirty-seven municipalities within 283.6 square miles. The county has a total population of more than 1.025 million in 1998, with an unincorporated population of more than 465,000 and an incorporated population of nearly 560,000. Since 1940, the County has neady doubled in population every 20 years, with the 2000 population estimated at 1,062,400. Creating the greatest impact on the School District, of the 1.062 million persons who reside in PS - 6' COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Palm Beach County, 28% of the population is under the age of 24. The County's population continues to have an annual growth rate of 2.24% exceeding the state's at 2.09%. (Source: Florida Statistical Abstract, 1996 University of Florida Population Studies, 1999. "POPULATION GROWTH PROJECTION AND DISTRIBUTION TO 2015" and Profile and 1998 and 1999, Palm Beach County, Planning Zoning and Building Department, Planning Division) 7. Population Determination. The Bureau of Economic and Business Research (BEBR) at the University of Florida, develops population estimates and projections for each of the municipalities within Palm Beach County. These are the official estimates and projections widely used for planning purposes by both the public and private sectors. However, local planning studies generally require smaller area estimates and projections (less than a jurisdiction level) for the evaluation of specific impacts on a local target area. To this end, the PBC Planning Division, over the past five years, has developed and refined a population disaggregation model to distribute BEBR's medium range population projections and annual estimates to smaller geographies, namely, the Traffic Analysis Zones (TAZ) used by the Metropolitan Planning Organization (MPO). By modeling projected population in local areas, the Planning Division provides insight into the direction and location of growth within the County. The Bureau of Economic and Business Research (BEBR) projects that the County population will grow by approximately 22,000 persons per year during the planning period. The County's Planning Division has distributed this information across Traffic Analysis Zones (TAZ) and has aggregated results for sub-areas which are described below and depicted on the Disaggregation Sub-Area Map1: North area north of 45th Street, Central area between 45th and Boynton Beach Boulevard South area south of Boynton Beach Boulevard Glades area west of 20 mile bend Projection Distribution Based on Adopted Land Use Plans: North, Central, South and Glades 1990 1996 2005 2015 Areas Pop % of total Pop % of total Pop % of total Pop % of total North 145.657 17% 173,289 18% 231,841 20% 300.698 22% Central 388.031 45% 438,214 45% 511,212 44% 589,533 43% South 293.265 34% 333,037 34% 384,896 33% 434.249 32% Glades 36,565 4% 37.253 4% 42,351 4% 49.320 4% Total Pop 863,518 981,793 1,170,300 1,373,800 PS - 7 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 The disaggregation model indicates that, given the development pattern currently anticipated on adopted Future Land Use maps, population increases will occur throughout the County with almost 40% of total projected growth locating in the central portion of the County. Population growth in the northern portion of the county will increase in the coming years and exceed growth anticipated in south County, though the southem portion of the County is still expected to have significant population increase, primarily in the West Boynton area. The Glades is expected to have limited population increases. Another aggregation evaluation performed was an east to west split. Four areas were established depicted on the Disaggregation Sub-Area Map 2: 1. Area east of 1-95 2. Area between 1-95 and the Turnpike 3. Area west of the' Turnpike 4. the Glades. Due to the convergence of 1-95 and the Turnpike north of PGA, the FEC railroad and the Loxahatchee Slough are used as respective boundaries in place of 1-95 and the Turnpike. Population Distribution Based on Adopted Land Use Plans: East to West 1990 1996 2005 2015 % of % of % of % of Areas Pop total Pop total Pop total Pop total East of 1-95 296,400 34% 318,754 32% 344,439 29% 370,580 27% Between 1-95& Turnpike 397,781 46% 456,034 46% 541,255 46% 631,849 46% West of Turnpike 132,771 15% 169,753 17% 242,255 21% 322,051 23% Glades 36,565 4% 37,253 4% 42,351 4% 49,320 4% Total Population 863,518 981,793 1,170,300 1,373,800 The model predicts that 46% of future population growth will occur between the Turnpike and 1-95. Only 15% of the County's projected population increase will occur east of 1-95. Furthermore, 37% of the projected population increase will occur west of the Turnpike. 8. Population Based School Surpluses and Deficiencies. The Five-Year Plan provides short term projections (1-5 years) and long term district- wide enrollment projections by school tyFe (1-20 years). Short term projections rely upon the utilization of the Cohort Survival Method. This Model uses enrollment data by grade and by facility, factoring in growth and rolling students forward through the schools by grade. Long term projections are based on the Population Dissagregation Model developed by Palm Beach County Planning. This model establishes the bases for projecting capacity requirements through the initial five year planning period and the PS - 8 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 end of the long range planning period, consistent with Rule 9J-5.025(2)(b) F.A.C. The results are cross-verified and compared for variations. (See Enrollment Projections Outline, pg. PS-16) 9. Facility Demand. The projected additional facility demand for long range planning of public school facilities by CSA and school type is depicted on required future conditions Map PS 3.3. These surpluses and deficiencies are listed by CSA, representing projected seats needed (capacity demand). [Revised per Amendment 04-2] PS - 9 GLAD~- U~fJ. o LU IJ.J COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 ENROLLMENT PROJECTIONS OUTLINE: USING COHORT SURVIVAL AND GIS FOR SHORT & LONG TERM PLANNING DATA SOURCES: STUDENT DATA BY AREA, ADDRESS, & FACILITY POPULATION DATA AND PROJECTIONS BY AREA (olher data: birlhs, certificates of occupancy, development projects, program changes, other) CO.ORT SUR¥1~ MO~EL I~ ^~ P~O~EC~ON MOD~L (SHORT TERM - 1 to 5 years) / (LONG TERM - 1 to 20 years) Uses enrollment data by grade, by ~Usea enrollment data collected by area & p~ facility, factors in growth and roils ~data by area gene~atad by PZB of PBC & BF_BR with I GIS to integrate student data with best available students forward by grade. ~, sources for populatio~ projec~ms. ENROLLMENT PROJECTIONS DEVELOPED USING ACCEPTED METHODOLOGY & BEST AV. NI.N~.E SOURCES, INCORPORATES VARIATION BY F~_~ILITY AND GEOGRAPHIC REGION PS - 14 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 D. LEVEL OF SERVICE ANALYSIS The School District's current adopted Five-Year Plan and Capital Budget, provides an analysis of the adequacy of the existing level of service for each school facility within each high school planning zone, describing the physical condition of the facilities in order to develop appropriate level of service standards based on physical conditions and programs pursuant to Rule 9J-5.025(2)(d) F.A.C. The Five-Year Plan provides the existing enrollment, the existing School Student Capacity (FISH), and existing utilization for each school facility consistent with Rule 9J-5.025(2)(a), F.A.C. The Five-Year Plan's high school planning zones provide an analysis of the schools within each zone and specific project recommendations. [Revised per Amendment 04-2] 1. Enrollment Distribution. The public school enrollment in Palm Beach County indicates a range of facility utilization from under capacity to significantly over capacity as measured against the Florida Department of Education Inventory of School Housing (FISH). [Revised per Amendment 04-2] The general distribution of student enrollment across Palm Beach County shows north County middle and elementary schools at (or moderately over) capacity, and the high schools with generally lower enrollments. These schools are within the Concurrency Service Areas (CSA) 1-6. There is a moderate growth rate in north County schools; however, the Abacoa area is expected to add significant student growth to this area of the County in the next five years. Recently proposed developments for the former MacArthur Foundation lands in the northern County, are being proposed with lower densities which traditionally generate a lower number of students. Enrollment in the eastern-central portion of the County (within CSAs 8, 9, 11, 12, 14 and 15)is stable, but many schools are over capacity with moderate growth in enrollment expected to continue. Schools in the central-western portion of the County are operating above capacity and enrollment is expected to grow rapidly as development is anticipated within CSAs 10, and 16. The south-central portion of the County is significantly over capacity, with all school types being impacted within CSAs 17, 18, 19 and 20. This area's enrollment is expected to continue to grow, particularly on the western portion of these CSAs which are expected to grow rapidly with family oriented homes. The southern section of the County shows school enrollment moderately above capacity, but expected to stabilize within CSA 21. The School District considers the western portion (Glades) of the County to have stable enrollment. 2. Schools 35 Years Old or Older. The School District performed an educational adequacy and physical condition analysis on 42 schools that are 35 years old or older. The study provides a basis for a determination of priority for capital improvements through FY2005 for modemization of facilities. The older facilities include 5 high schools, 5 middle schools, 26 elementary schools, 4 special alternative schools, and 2 full service centers. The schools' assessments are described in executive summaries prepared by Vanderweil Facility PS - 15 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Advisors, and Song and Assoc., et. al. Copy of these documents are held at the City of Delray Beach's Planning Division and will be part of the Support Documents of the Public Schools Facilities Element. 3. School Facility Utilization - Level of Service Standards. School Board Policy 7.13 addresses the School Plant Capacity Level of Service (LOS). It requires the School Distdct to maintain equitable levels of service for the District's schools. The School Board policy describes a range of enrollment per FISH capacity (LOS) from underutilized, 90% or less, to critically overcapacity (151% or more). The policy sets the District's goal for school utilization to between 90% and 110% of each school's FISH capacity, not to exceed 120%. The following policies in the Public Schools Facilities Element determine the LOS to be used for school concurrency, addressing how to implement the target LOS and the tiered LOS, and how to conduct School Capacity studies to make LOS determinations for individbal schools that may go beyond the adopted LOS. a. Policy A-1.1: Target Level of Service Standards As a requirement for school concurrency, the Intedocal Agreement establishes the countywide goal for LOS as 110% of FISH capacity. The LOS standard is the school's utilization which is defined as the enrollment as a percentage of school student capacity based upon the Florida Inventory of School Houses (FISH). The Interlocal agreement also establishes that no school can operate in excess of 120% utilization, once the target LOS standard is achieved. 1) School Capacity Study The Intedocal Agreement requires a School Capacity Study (SCS) if a school in the first student count of the second semester exceeds 108% of FISH capacity. The Technical Advisory Group (TAG) is required to conduct a School Capacity Study (SCS) to determine if the specific school can operate at a LOS exceeding 110%, though no school shall be permitted to operate at a LOS greater than 120% of FISH capacity beginning in the 2004-2005 school year. The study must consider the demographics within the CSA; student population trends; core facility capacity; real estate trends and teacher student ratios. 2). Technical Advisory Group (TAG) The Interlocal Agreement establishes an independent and representative group appointed by the County, School District, and municipalities to function as a resource to the County, School District, and municipalities. The TAG shall conduct studies and make recommendations regarding the five year and long range work program, facility utilization, and CSA adjustments to enhance joint planning and ensure that the School District's Work Plan and Capital Facilities PS - 16 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Program provide a financially feasible plan to add enough capacity to provide permanent student stations for the projected growth. In summary, this policy establishes the district-wide target level of service standard of 110% utilization. Or 120% subject to the results of a SCS undertaken by the School District to determine if a school can operate in excess of 110%. Finally, no school shall be permitted to operate at a LOS greater than 120% of FISH capacity beginning in the 2004-2005 school year, when the target LOS of 110% must have been reached county-wide. b. New Policy A-1.2: {120% Implementation) This policy lays out the procedure that needs to be followed when a SCS determines that a school will exceed the 120% utilization, once the target 1OS standard of 110% is in place. To correct the failure the School District would have to make program adjustments, attendance boundary adjustments or modifications to the Capital Facilities Program. After those adjustments are made and the SCS determines that the school exceeding the 110% standard can operate within the guidelines established by the school district's adjustments, then the Comprehensive Plan needs to be amended to reflect the new LOS standard for the school type in the corresponding CSA. c. Policy A-'I.3: (School Capacity Study Criteria) This policy sets up the criteria to conduct a SCS and the minimum data and analysis to be considered when conducting the study. The policy also directs the TAG to notify the local government where the SCS is going to be conducted. d. Policy A-1.4: (Tiered Level of Service) Section 163.3180(12)(b)3, F.S., provides the option of tiered LOS standards for schools to allow time to achieve an adequate and desirable LOS. The Interlocal Agreement establishes tiered levels of service for each school type based on School Board Policy 7.13, which shall be in place until such time the School District has achieved 110% LOS. In order to achieve a district-wide LOS of 110%, overcapacity will be addressed through the financially feasible school construction program identified in the Five- Year Plan and the CIE Table SD-CIP. The CSA Tables showed a need for a tiered LOS for the school years until 2004-2005. Policy A-1.4 and Table A-1.1 of the Public Schools Facilities Element, establish such a tiered LOS as an intedm measure by facility type within each CSA, where enrollment is projected to exceed the 110% long term standard. To determine the appropriate interim LOS, utilization by facility type in each CSA was projected. In those CSAs where utilization exceeded the 110% standard, adjoining CSAs were examined to determine if the needed capacity was available consistent with the requirements of s.163.3180(c)(3), F.S. The resulting analysis yielded the appropriate interim PS- 17 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 LOS by facility type for each CSA and the schedule by which the 110% utilization LOS will be achieved. Additionally, in order to establish a consistent maximum limit for individual schools exceeding the adopted LOS standard during the period in which the interim LOS are in effect, a new Table A-1.2, entitled Maximum Utilization Table, was created along with additional language under Policy A-1.4. The additional language states that each individual school exceeding the adopted 1OS standards cannot exceed the utilization standards for that school type as indicated in the new table. The table shows the standards for the maximum utilization of capacity by facility type per CSA for each of the next six school years. To determine these standards, the maximum percentages of utilization per year and school type depicted in the CSA tables were analyzed. The resulting analysis yielded the appropriate maximum percentage of utilization by facility type per CSA. 4. School Capacity Availability The School District's Six Year Capital Improvement Schedule, depicted on CIE Table SD-CIP, assures that funding for construction of planned school facilities is available in the first three years of the adopted Plan. The City of Delray Beach may not deny a development permit authorizing residential development where adequate school facilities will be in place or under actual construction within three years. Within the initial six year planning period, the CSA Tables show assured construction within the first three years. This is consistent with s.163.3180(13)(e),F.S., to provide a dependable school capacity availability when evaluating LOS determination. 5. Development Rights - Policy A-1.8. The impact of a single family home on an existing lot of record is considered to have minimal impact on schools and is therefore exempted from LOS restrictions. 6. Public Infrastructure and Collocation. The analysis of the problems and opportunities consistent with Rule 9J-5.025(2)(f), F.A.C., suggests that the School District is both a service (infrastructure) provider with a level of service determination, and a developer, requiring infrastructure to meet concurrency to proceed with construction of schools. The City of Delray Beach will assist the School District in the determination of site locations proximate to required infrastructure in an effort to reduce costs. Additionally, the City of Delray Beach will work with the School District in identifying funding for the provision of supporting infrastructure, such as water, sewer, roads, drainage, sidewalks and bus stops for existing and proposed public school facilities. To assist in containing costs, the City of Delray Beach shall allow schools as a permitted use in all urban residential land use categories and encourage the collocation of schools proximate to the residential development which they will serve. The City of PS- 18 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Delray Beach adopted on September 5, 1999, an amendment to the Future Land Use Element to comply with the requirements of s.163.3177(6)(a), F.S., calling for the provision of opportunities to collocate schools with facilities, such as libraries, parks and community centers. Map PS 3.2 depicts the budgeted planned additional school capacity which do not have confirmed sites. The CSA Tables show that these projected schools will bring significant relief to over-utilized schools within the next five years. Implementation of the Intedocal Agreement to establish school concurrency will provide the opportunity to coordinate school siting with the City of Delray Beach's development review process in a timely manner, and will allow for a multi-agency, expedited review of all potential school locations. Due to the growth in the County's Rural and Exurban Tiers, the central western communities offer few potential school sites collocated with community facilities. Infrastructure is limited in these areas consistent with their more rural development pattern. E. FINANCIAL FEASIBILITY Data and analysis in support of the financial feasibility of the school concurrency program is described in the corresponding amendments to the Capital Improvements Element. F. INTERGOVERNMENTAL COORDINATION The Intergovernmental Coordination Element (ICE) has been amended to address the requirements for coordination with the School District and municipalities for decision - making on school siting. The ICE addresses the requirements of Rule 9J-5.015, F.A.C., for coordination of Plans with the School Board and other units of local government. The executed Interlocal Agreement which is consistent with s.163.3177(6)(h)l.and 2., F.S., and s.163.3180(13)(g),F.S., establishes processes for intergovernmental coordination and collaborative planning among the School District, the City of Delray Beach, and Palm Beach County. The following definitions are proposed to be added to the Public Schools Facilities Element to comply with the minimum criteria for the Public Schools Facilities Element for school concurrency and are consistent with Rule 9J-5.025(1), F.A.C. DEFINITIONS ANCILLARY PLANT - Facilities to support the educational program, such as warehouses, vehicle maintenance, garages, and administrative buildings. PS - 19 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 CONCURRENCY SERVICE AREA LEVEL OF SERVICE STANDARDS - The maximum acceptable percentage of school utilization as identified in the Interlocal Agreement determined by dividing the total number of students for all schools of each type of school in each CSA by the total number of permanent student stations for that type of school in each CSA. [New Definition per Amendment 03-~] CONSISTENCY - The condition of not being in conflict with and in furtherance of the goals, objectives and policies of the Comprehensive Plan Elements and the I nterlocal Agreement. [New Definition per Amendment 05-1] CORE FACILITY - Those facilities which include the media center, cafeteria, toilet facilities, and circulation space of an educational plant. DEVELOPMENT ORDER -As defined in Section 163.3164(7) Florida Statutes. [New Definition per Amendment 03-1] DISTRICT SCHOOLS - All District owned regular, elementary, middle, high schools, magnet and special educational facilities. EDUCATIONAL FACILITIES -The buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve educational purposes only. [New Definition per Amendment 03-1] EDUCATIONAL PLANT SURVEY - A study of present educational and ancillary plants and the determination of future needs to provide an appropriate educational program and services for each student. FINANCIALLY FEASIBLE FACILITIES PLAN - A plan which demonstrates the ability to finance capital improvements from existing revenue sources and funding mechanisms to correct deficiencies and meet future needs based on achieving and maintaining the adopted level of service for each year of the five (5) year planning period for all schools of each type in each CSA, and each individual school, and for the long range planning period. [New Definition per Amendment 03-I] FIRST FTE STUDENT COUNT - A first semester count of all "full time equivalent" students. The date of the first FTE count is determined by the Florida Department of Education each school year, pursuant to Chapter 1011.62, Florida Statutes. [New Definition per Amendment 04-2] FLORIDA INVENTORY OF SCHOOL HOUSES (FISH) - The report of permanent school capacity. The FISH capacity is the number of students that may be housed in a facility (school) at any given time based on using a percentage of the number of existing satisfactory student stations and a designated size for each program according to s. 235.15, Florida Statutes. In Palm Beach County, permanent capacity does not include the use of relocatable classrooms (portables). PS - 20 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 INTERLOCAL AGREEMENT - Agreement between the Palm Beach County Board of County Commissioners, the Municipalities of Palm Beach County, and the Palm Beach County School Board effective January 25, 2001. [New Definition per Amendment 03-1] LEVEL OF SERVICE (LOS) - The measure of the utilization, expressed as a percentage, which is the result of comparing the number of students enrolled in any school with the satisfactory student stations (FISH capacity) at a given location or within a designated area (i.e., a CSA), e.g., a facility with 1000 students and a FISH capacity of 970, has a LOS of 103%. Also referred to as the utilization of a facility. [New Definition per Amendment 03-1] MAXIMUM UTILIZATION OF CAPACITY - Utilization of facilities to ensure the ADOPTED LOS for all schools of each type in each CSA and each individual " school is not exceeded. [New Definition per Amendment 03-1] MUNICIPALITIES -All municipalities in Palm Beach County, except those that are exempt from participating in the school concurrency program, pursuant to Section 163.3180, Flodda Statutes. [New Definition per Amendment 03-1] PERMANENT STUDENT STATION - The floor area in a public school facility required to house a student in an instructional program. [New Definition per Amendment 03-1] PROPOSED NEW RESIDENTIAL DEVELOPMENT - Any application for residential development or amendment to a previously approved residential development that increases the number of housing units. This shall include any request for any approval of the type that establishes a density of development and which approves a site specific development order on a specific parcel of property. [New Definition per Amendment 03-1] PUBLIC SCHOOL CONCURRENCY SERVICE AREA OR "CONCURRENCY SERVICE AREA" - The specific geographic area adopted by local governments, within a school district, in which school concurrency is applied and determined when concurrency is applied on a less than district-wide basis. RESIDENTIAL DEVELOPMENT - Any development that is comprised in whole, or part, of dwelling units; for permanent human habitation. [New Definition per Amendment 03-1] SCHOOL BOARD - The governing body of the SCHOOL DISTRICT, a body corporate pursuant to Section 230.21 Florida Statutes. [New Definition per Amendment 03-1] SCHOOL DISTRICT - The district for Palm Beach County created and existing pursuant to Section 4, Article IX of the State Constitution. [New Definition per Amendment 03-~] PS - 21 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 SCHOOL DISTRICT'S FIVE YEAR CAPITAL FACILITIES PLAN - The SCHOOL DISTRICT of Palm Beach County Five Year Work Plan and Capital Budget as authorized by Section 235.185 Florida Statutes. [New Definition per Amendment 03-1] SCHOOL DISTRICT'S SIX YEAR CAPITAL IMPROVEMENT SCHEDULE - A Table of expenditures and revenues detailing how the SCHOOL DISTRICT shall achieve and maintain the LOS for public school facilities. [New Definition per Amendment 03-1] SITE SPECIFIC DEVELOPMENT ORDER - A development order issued by a Local Government which establishes the density, or maximum density, and which approves a specific plan of Development on a lot or lots pursuant to an application by or on behalf of an OWNER or CONTRACT PURCHASER, including applications initiated by a Local Government. It may apply to a lot or lots under single ownership or a group of lots under separate ownership. It shall apply to all parcels or lots in their entirety taken together of any subdivision. It includes site specific rezonings, special exceptions, conditional uses, special permits, master plan approvals, site plan approvals, plat approvals, BUILDING PERMITS and any Development of Regional Impact as defined in Section 380.06, F.S. It may or may not authorize the actual commencement of development. Two (2) or more development orders which individually do not constitute a site specific development order shall be considered a site specific development order if when taken together they meet the definition of a site specific development order. [New Definition per Amendment 03-1] STUDENT GENERATION MULTIPLIER As published by the SCHOOL DISTRICT of Palm Beach County, the number of students per household determined by type and size of residential unit. [New Definition per Amendment 03-1] STUDENT STATION - The net square footage requirements per student based upon the instructional program to be housed as defined by FISH. [New Definition per Amendment 03-1] TYPE OF SCHOOL - Schools in the same categories of education, i.e. elementary, middle or high school. [New Definition per Amendment 03-1] VALID DEVELOPMENT ORDER - A DEVELOPMENT ORDER which: was issued by a LOCAL GOVERNMENT: (1) in accordance with proper procedure and in compliance with state law, and the land development regulations and codes, administrative rules and procedures, and general policies of local governments, and the requirements of all other agencies; (2) not by mistake; and (3) which has not expired, lapsed, or been abandoned, revoked, or canceled, by operation of law, or by the local government or pursuant to the local government land development or pursuant to the local government land development regulations or codes, rules, or policies. [New Definition per Amendment 03-~] PS - 22 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 IMPLEMENTATION SECTION Concurrency Service Area (CSA) Boundary Description The Palm Beach County School District is divided into twenty one CSAs for school concurrency. The Palm Beach County School CSA boundaries are described in the following pages as bounded by Section lines, major traffic-ways, natural barriers and county boundaries consistent with s.163.3180(13)(c)2.,F.S. Changes to the CSA boundaries shall be made by plan amendment and exempt from the limitation on the frequency of plan amendments. CONCURRENCY SERVICE AREA DESCRIPTIONS DESCRIBED AS BOUNDED BY: #1 NORTH -The Martin / Palm Beach County Border SOUTH -Donald Ross Rd EAST -The Atlantic Ocean WEST -Florida's Turnpike #2 NORTH -The Martin / Palm Beach County Border SOUTH -Donald Ross Rd and the South Section Line of Sections (using T-R-S) 41-42- 21, 41-42-20, 41-42-19, 41-41-24, and 41-41-23, then Southwest along the centerline of the C-18 canal to the Bee Line Hwy EAST -Florida's Turnpike WEST -Bee Line Hwy #3 NORTH -Donald Ross Rd SOUTH- The South Section Line of Sections (using T-R-S) 42-43-10, 42-43-09, 42-43- 08, 42-43-07, and 42-42-12, East of Military Td, then South along Military Trl to Northlake Bird, then West along Northlake Blvd to Florida's Turnpike EAST - The Atlantic Ocean WEST - Florida's Turnpike PS - 23 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 NORTH - The South Section Line of Sections (using T-R-S) 41-42-21, 41-42-20, 41-42- 19, 41-41-24, and 41-41-23, then Southwest along the C-18 Canal to the Bee Line Hwy, then Northwest along the Bee Line Hwy until the intersection of Bee Line Hwy and the West Section Line of Section 41-41-18 SOUTH- Northlake Bird West to Grapeview Bird, North along Grapeview Blvd to the South Section Line of Section (using T-R-S) 42-41-08, then West along the South Section Line of Sections 42-41-08 and 42-41-07 EAST - Florida's Turnpike WEST - The West Section Line of (using T-R-S) 41-41-18 South of the Bee Line Hwy, and the West Section Lines of Sections 41-41-19, 41-41-30, 41-41-31, 42-41- 06, and 42-41-07 #5 NORTH - The South Section Line of Sections (using T-R-S) 42-43-10, 42-43-09, 42-43- 08, 42-43-07, and 42-42-12 West to Military Trl SOUTH - The South Section Line of Sections (using T-R-S) 42-43-34, 42-43-33, 42-43- 32, 42-43-31, and 42-42-36 West to Military Trl EAST - The Atlantic Ocean WEST - MilitaryTd #6 NORTH - Northlake BIvd SOUTH - The South Section Line of Sections (using T-R-S) 42-42-36 West of Military Trl, 42-42-35, 42-42-34, 42-42-33, 42-42-32, and 42-42-31 EAST - Military Trl WEST - The West Section Line of Sections (using T-R-S) 42-42-18, 42-42-19, 42-42- 30, and 42-42-31 #8 NORTH - The South Section Line of Sections (using T-R-S) 42-43-34, 42-43-33, 42-43- 32, 42-43-31, and 42-42-36 West to Military Trl SOUTH - The North Line of the South Half of Sections (using TRS) 43-43-23, 43-43-22, 43-43-21,43-43-20, 43-43-19, and 43-42-24 East of Military Trl EAST - The Atlantic Ocean WEST - Military Td PS - 24 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 NORTH - The South Section Line of Sections (using T-R-S) 42-42-36 (West of Military Trl), 42-42-35, 42-42-34, 42-42-33, 42-42-32, and 42-42-31 SOUTH - The North Section Line of Sections (using TRS) 43-42-24 West of Military Trl, 43-42-23, 43-42-22, 43-42-21,43-42-20, and 43-42-19 EAST - Military Td WEST - The West Section Line of Sections (using T-R-S) 43-42-06, 43-42-07, 43-42- 18, and 43-42-19 North of the South Line of the North Half #10 NORTH- Northlake Blvd West to Grapeview Blvd, North along Grapeview Blvd, then West along the South Section Line of Sections (using T-R-S) 42-41-08, and 42-41-07, then South along the West Section Line of 42-41-18 until intersecting with the Canal generally delimiting the Northern extent of The Acreage and the Southern extent of the J. W. Corbett preserve, West along the centerline of the Canal through the center of Sections 42-40-13, 42-40-14, 42-40-15, 42-40-17, and 42-40-18, then North along the East Section Line of Section 42-39-13 to the North Line of the South Half of Section 42-39-13, then West along the North Line of the South Half of Section 42-39-13 to the West Section Line of Section 42-39-13 SOUTH - Southern Blvd West of 441, West to the West Section Line of Section (using T-R-S) 43-40-33 EAST - The East Section Line of Sections (using T-R-S) 43.41-01, 43.41-12, 43.41- 13, 43-41-24, 43-41-25, and 43-41-36 South to Southern Blvd WEST - The L-8 Canal South of the South Section Line of Section (using T-R-S) 42- 40-31 and West of the West Section Line of Section 43-40-08, the West Section Line of Section 43-40-08 South of the L-8 Canal, the West Section Line of Sections 43-40-16, 43-40-21, 43-40-28, and 43-40-33 South to Southern Blvd #11 NORTH - The North Line of the South Half of Sections (using TRS) 43-43-23, 43-43-22, 43-43-21,43-43-20, 43-43-19, and 43-42-24 East of Military Trl SOUTH - The South Section Line of Sections (using T-R-S) 44-43-02, 44-43-03, 44-43- 04, 44-43-05, 44-43-06, and 44.42-01 East of Military Trl EAST - The Atlantic Ocean WEST - Military Trl PS - 25 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 #12 NORTH - The North Section Line of Sections (using TRS) 43-42-24 West of Military Tfl, 43.42-23, 43.42-22, 43-42-21,43-42-20, and 43-42-19 SOUTH - The South Section Line of Sections (using T-R-S) 44-42-01 West of Military Trl, 44-42-02, 44-42-03, 44-42-04, 44-42-05, and 44-42-06 EAST - Military Trl WEST - The West Section Line of Section (using T-R-S) 43-42-19 South of the North Line of the South Half, and State Rd 7 #14 NORTH - The South Section Line of Sections (using T-R-S) 44-43-02, 44-43-03, 44-43- 04, 44-43-05, 44-43-06, and 44-42-01 East of Military Trl SOUTH - The South Section Line of Sections (using T-R-S) 44-43-26, 44-43-27, 44-43- 28, 44-43-29, 44-43-30, and 44-42-25 East of Military Trl EAST - The Atlantic Ocean WEST - Military Trl #15 NORTH - The South Section Line of Sections (using T-R-S) 44-42-01 West of Military Trl, 44-42-02, 44-42-03, 44-42-04, 44-42-05, and 44-42-06 SOUTH - The L-14 Canal EAST - Military Trl WEST - State Rd 7 #16 NORTH - Southern Bird West of 441, West to the West Section Line of Section (using T-R-S) 43-40-33 SOUTH - The South Section Line of Sections (using T-R-S) 44-41-25, 44-41-26, 44-41- 27, 44-41-28, 44-41-29, and 44-41-30 East of the L-40 Canal EAST - U.S. Hwy 441 / State Rd 7 WEST - The L-40 Canal and the West Section Line of Section 43-40-33 South of Southern Bird PS - 26 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 #17 NORTH - The South Section Line of Sections (using T-R-S) 44-43-26, 44-43-27, 44-43- 28, 44-43-29, 44-43-30, 44-42-25, 44-42-26, and 44-42-27 East of Jog Rd SOUTH - The Boynton Canal EAST - The Atlantic Ocean WEST - Jog Rd #18 NORTH - The L-14 Canal West to the Florida Turnpike, then North along the Turnpike to the South Section Line of Section (using T-R-S) 44-41-29, then West along the South Section Line of Sections 44-42-30, 44-41-25, 44-41-26, 44-41-27, 44-41-28, 44-41-29 and 44-41-30 East of the L-40 Canal SOUTH - The Boynton Canal EAST - Jog Rd WEST - The L-40 Canal #19 NORTH - The Boynton Canal SOUTH - The South Section Line of Sections (using T-R-S) 46-43-03, 46-43-04, 46-43- 05, 46-43-06, 46-42-01, 46-42-02, 46-42-03, 46-42-04, 46-42-05, 46-42-06, State Rd 7 South to the South Section Line of Section 46-41-01, West along the South Section Line of Section 46-41-01 extended to the L-40 Canal EAST - The Atlantic Ocean WEST - The L-40 Canal #2O NORTH - The South Section Line of Sections (using T-R-S) 46-43-03, 46-43-04, 46-43- 05, 46-43-06, 46-42-01, 46-42-02, 46-42-03, 46-42-04, 46-42-05, 46-42-06, State Rd 7 South to the South Section Line of Section 46-41-01, West along the South Section Line of Section 46-41-01 extended to the L-40 Canal SOUTH - The South Section Line of Sections (using T-R-S) 46-43-28, 46-43-29, 46-43- 30, 46-42-25, 46-42-26, 46-42-27, 46-42-28, 46-42-29, 46-42-30, 46-41-25, and 46-42-26 East of the L-40 Canal, the portion of the line formed by these Section Lines West of 1-95 generally approximates the C-15 Canal EAST - The Atlantic Ocean WEST - The L-40 Canal PS - 27 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 NORTH - The South Section Line of Sections (using T-R-S) 46-43-28, 46-43-29, 46-43- 30, 46-42-25, 46-42-26, 46-42-27, 46-42-28, 46-42-29, 46-42-30, 46-41-25, and 46-42-26 East of the L-40 Canal, the portion of the line formed by these Section Lines West of 1-95 generally approximates the C-15 Canal SOUTH - The Palm Beach / Broward County Border EAST - The Atlantic Ocean WEST - The L-40 and L-36 Canals #22 NORTH - The Martin / Palm Beach County Border SOUTH - The Palm Beach / Broward County Border EAST - From the Martin / Palm Beach County Border, the Bee Line Hwy South to the West Section Line (using T-R-S) of 41-41-18, the West Section Lines of Sections 41-41-18, 41-41-19, 41-41-30, 41-41-31, 42-41-06, 42-41-07, and 42-41-18 until intersecting with the Canal generally delimiting the Northern extent of The Acreage and the Southern extent of the J. W. Corbett preserve, West along the centerline of the Canal through the center of Sections 42-40- 13, 42-40-14, 42-40-15, 42-40-17, and 42-40-18, then North along the East Section Line of Section 42-39-13 to the North Line of the South Half of Section 42-39-13, then West along the North Line of the South Half of Section 42-39-13 to the West Section Line of Section 42-39-13, then South along The West Section Line of South Half of Section 42-39-13, The West Section Line of Sections 42-39-24, 42-39-25, and 42-39-36 North of the L-8 Canal, the L-8 Canal South to the West Section Line of Section 43-40-08, then South along The West Section Lines of Sections 43-40-08 South of the L-8 Canal, 43-40- 16, 43-40-21,443-40-28, and 43-40-33, then South along the L-40 Canal and the L-36 Canal to the Palm Beach / Broward County Border. WEST - The Shoreline of Lake Okeechobee South to the South Section Line of Section (using T-R-S) 41-37-22, East along the South Section Line of Sections 43-37-22, and 41-37-23, then South along the East Section Line of Sections 41-37-26, 41-37-35, 42-37-02, 42-37-11, 42-37-14, 42-37-23, 42-37- 26, and 42-37-35, then West along the South Section Line of Section 42-37- 35 to the East Section Line of Section 43-37-02, then South along the East Section Line of Sections 43-37-02, 43-37-11, 43-37-14, 43-37-23, 43-37-26, and 43-37-35, then in a Southerly direction to the East Section Line of Section 44-37-02, then South along the East Section Line of Sections 44-37-02, 44- 37-11, 44-37-14, and 44-37-23 to the L-16 Canal, then West along the L-16 Canal and the L-21 Canals, also referenced as the Bolles Canal, to the West Section Line of Section 44-35-34, then North along the West Section Line of PS - 28 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Sections 44-35-34, 44-35-27, 44-35-22, 44-35-15, 44-35-10, 44-35-03, 43-35- 34, and 43-35-27 to the Shoreline of Lake Okeechobee, then Westerly along the Shoreline of Lake Okeechobee to the Palm Beach / Hendry County Border, South along the Palm Beach / Hendry County Border to the Palm Beach / Broward County Border #23 NORTH- The South Section Line of Sections (using T-R-S) 43-37-22 East of Lake Okeechobee, and 41-37-23 SOUTH - The L-16 and L-21 Canals, also referenced as the Bolles Canal EAST - The East Section Line of Sections (using T-R-S) 41-37-26, 41-37-35, 42-37- 02, 42-37-11, 42-37-14,..42-37-23, 42-37-26, and 42-37-35, then West along the South Section Line of Section 42-37-35 to the East Section Line of Section 43-37-02, then South along the East Section Lines of Sections 43-37- 02, 43-37-11, 43-37-14, 43-37-23, 43-37-26, and 43-37-35, then in a Southerly direction to the East Section Line of Section 44-37-02, then South along the East Section Line of Sections 44-37-02, 44-37-11, 44-37-14, and 44~37-23 to the L-16 Canal WEST - The West Section Line of Sections (using T-R-S) 43-35-27 South of the Shoreline of Lake Okeechobee, 43-35-34, 44-35-03, 44-35-10, 44-35-15, 44- 35-22, 44-35-27, and 44-35-34 South to the L-21 or Bolles Canal PS - 29 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOALS, OBJECTIVES AND POLICIES GOAL AREA"A" Public School Concurrency Objective A-1 Level of Service Policy A-1.1 Target Level of Service Standards [Revised per Amendment 04-2] Policy A-1.2 School Capacity Studies / 120% Utilization Policy A-1.3 School Capacity Study Criteria Policy A-1.4 Tiered Level of Service Policy A-1.5 Concurrency Service Areas (CSA) Policy A-1.6 Six Year Capital Improvement Schedule / LOS Determination Policy A-1.7 Consistency with the School District's 5-Year Plan Policy A-1.8 Single-Family Lot Exemption Policy A-1.9 Suspension and/or Termination of School Concurrency Objective A-2 Facilities Requirements Policy A-2.1 Mitigation Options Policy A-2.2 Capacity in Adjacent CSA's Objective A-3 Six-Year Capital Improvement Schedule Policy A-3.1 Intergovernmental Coordination [Revised per Amendment 04-2] GOAL AREA "B SCHOOL FACILITY SITING AND DEVELOPMENT COORDINATION Objective B-1 School Facility Siting Policy B-1.1 Expedited Review Process Policy B-1.2 Site Suitability / Water Management Standards Policy B-1.3 Site Compliance with Coastal Element Policy B-1.4 Site Proximity to Urban Residential Areas Policy B-1.5 Collocation with Public Facilities Objective B~2 Intergovernmental Coordination Policy B-2.1 Interlocal Agreement Policy B-2.2 Technical Advisory Group (TAG) Policy B-2.3 Annual Data Update Policy B-2.4 Data Sharing Policy B-2.5 Communication of School Development Issues Policy B-2.6 School Board Comment on Land Use Amendment Policy B-2.7 Emergency Preparedness Coordination PS - 30 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Objective C-3 Population Projections Policy C-3.1 Disaggregation of BEBR Projections Policy C-3.2 Population Projection Coordination PS - 31 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOAL AREA "A" PUBLIC SCHOOL CONCURRENCY: IT IS A GOAL OF THE CITY OF DELRAY BEACH TO PROVIDE FOR FUTURE AVAILABILITY OF PUBLIC SCHOOL FACILITIES CONSISTENT WITH THE ADOPTED LEVEL OF SERVICE STANDARD. THIS GOAL SHALL BE ACCOMPLISHED RECOGNIZING THE CONSTITUTIONAL OBLIGATION OF THE SCHOOL DISTRICT TO PROVIDE A UNIFORM SYSTEM OF FREE PUBLIC SCHOOLS ON A COUNTYWIDE BASIS. Objective A-1 To ensure that the capacity of schools is sufficient to support student growth at the adopted level of service standard for each year of the five-year planning period and through the long term planning period. Policy A-1.1 The LOS standard is the school's utilization which is defined as the enrollment as a percentage of school student capacity based upon the Florida Inventory of School Houses (FISH). The level of service (LOS) standard shall be established for all schools of each type within the School District as 110 percent utilization, measured as the average for all schools of each type within each Concurrency Service Area. No individual school shall be allowed to operate in excess of 110% utilization, unless the school is the subject of a School Capacity Study (SCS) undertaken by the School District, working with the Technical Advisory Group (TAG) which determines that the school can operate in excess of 110% utilization. The SCS shall be required if a school in the first FTE student count reaches 108 % or higher capacity. As a result of an SCS, an individual school may operate at up to 120% utilization. Upon determination by TAG, if a school is planned and under contract or construction which will relieve capacity of an existing school, the existing school shall be allowed to exceed the 120% maximum utilization for a period not to exceed 2 years. The former is intended to prevent the movement of students more than once. [Revised per Amendment 04-2] PQlicv A-1.2 If, as a result of a School Capacity Study (SCS), a determination is made that a school will exceed 120% utilization or cannot operate in excess of 110% utilization, then the School District shall correct the failure of that school to be operating within the adopted LOS through 1) program adjustments 2) attendance boundary adjustments or 3) modifications to the Capital Facilities Program to add additional capacity. If, as a result of the SCS a determination is made that the school will exceed 110% and can operate within adopted guidelines, the identified school may operate at up to 120% utilization. If as a result of one or more School Capacity Studies that demonstrate that the schools of a particular type can operate at a higher standard than the 110% utilization standard of the CSA, the Comprehensive Plan will be amended to reflect the new LOS for that school type in that CSA. poli(;;y A-1.3 The School Capacity Study (SCS) shall determine if the growth rate within an area, causing the enrollment to exceed 110 percent of capacity, is temporary or reflects an ongoing trend affecting the LOS for the 5 year planning period. The study shall include data which shows the extent of the exceedance attributable to both existing and new development. Notification shall be provided to the local government within whose jurisdiction the study takes place. At a minimum, the study shall consider: PS - 32 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 1. Demographics in the school's Concurrency Service Area (CSA); 2. Student population trends; 3. Real estate trends (e.g. development and redevelopment); 4. Teacher/student ratios; and 5. Core facility capacity. pQlic¥ A-1.4 The adopted LOS standard shall become applicable to the entire County at the beginning of the 2004-05 school year, by which time the School District has achieved the countywide adopted level of service for all schools of each school type. In the interim, Table A-1.1 establishes the tiered level of service standards for each CSA by school type. Individual schools of each type may exceed the Tiered LOS standards during the period in which Tiered LOS are in effect. Each individual school exceeding the Tiered LOS during that time shall not be allowed to exceed the utilization standards for that school type as shown in the Maximum UtiliZation Table of this element (Table A- l.2). Table A-1.1 Standards for Tiered Level of Service CSA Facility Type 2002-03 12003-04 12004-05 12005-06 1 Elementary 110 Middle 110 High 110 2 Elementary 110 Middle 110 High 125 1110 I 3 Elementary 1110 Middle 110 High 125 1120 1110 4 Elementary 110 Middle 110 High 125 1120 1110 5 Elementary 110 Middle 110 High 130 1130 1110 [Revised by Amendment 02-1] PS - 33 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Table A-1.1 (Continued) CSA Facility Type 2002-03 12003-04 12004-05 12005-06 6 Elementary 110 Middle 125 120 110 High 125 120 110 8 Elementary 110 Middle 125 125 110 High 120 120 110 9 Elementary 125 125 110 Middle 125 115 110 High 120 130 110 10 Elementary 110 Middle 125 125 1110 I High 120 110 11 Elementary 110 Middle 125 1110 I High 110 12 Elementary 110 Middle 135 120 110 High 140 120 110 14 Elementary 115 =110 Middle 140 140 110 High 115 115 110 15 Elementary 110 Middle 135 135 110 High 120 120 110 16 Elementary 130 130 110 Middle 122 125 110 High 150 150 110 [Revised by Amendment 02-1] PS - 34 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Table A-1.1 (Continued) CSA Facility Type 2002-03 12003-04 12004-05 12005-06 17 Elementary 110 vliddle 110 High 115 110 18 Elementary 125 125 110 Middle 140 140 110 High 140 120 110 19 Elementary 110 I Middle 110 .- High 110 20 Elementary ' 110 Middle 110 High 130 1130 1110 21 Elementary 110 Middle 110 High 110 22 Elementary 110 Middle 110 High 110 112o Illo '23 Elementary 110 Middle 110 High 110 Source: Based on data depicted in the School District of Palm Beach County F¥2001-F¥2005 Five-Year Plan and FY 2001 Capital Budget, June 2000, and the actual count of students in the second semester of the 2000-01 school year. [Revised by Amendment 02-'1 PS - 35 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Table A-1.2 MAXIMUM UTILIZATION TABLE: Standards for Utilization of Capacity CSA Facility Type 2002-03 2003-04 2004-05 12005-06 1 Elementary 1130 130 110 Middle 120 High 120 2 Elementary 120 Middle 120 High 125 120 3 Elementary 120 Middle 120 High 125 125 120 4 Elementary 125 125 120 Middle 120 High 130 120 110 5 Elementary 125 125 120 Middle 120 High 130 130 120 Elementary 125 125 120 6 Middle 135 130 120 High 125 125 120 8 Elementary 120 Middle 135 1135 1120 High 120 9 Elementary 130 130 120 Middle 135 130 120 High 130 130 120 10 [Elementary 130 130 1120 Middle 140 140 120 High ' 120 [Revised by Amendment 02-1 PS - 36 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Table A-1.2 (Continued) CSA Facility Type 2002-03 12003-04 12004-05 12005-06 11 Elementary 120 Middle 120 High 120 12 Elementary 130 130 120 Middle 145 130 120 High 145 120 14 Elementary 135 135 120 Middle 145 145 120 -- High 120 15 Elementary 145 145 120 Middle 140 140 120 High 135 120 120 16 Elementary 175 175 120 Middle 150 150 120 High 150 150 120 17 Elementary 155 150 120 Middle 130 130 120 High 135 135 120 18 Elementary 135 135 120 Vliddle 140 140 120 High 145 125 120 19 Elementary 130 125 120 Middle 120 High 145 1130 1120 20 Elementary 120 Middle 120 High 145 1130 1120 [Revised by Amendment PS - 37 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Table A-1.2 (Continued) CSA Facility Type 2002-03 2003-04 2004-05 12005-06 21 Elementary 135 135 120 Middle 135 135 120 High 145 145 120 22 Elementary 120 Middle 120 High 120 23 Elementary 120 Middle 120 High 120 Source: Based on data de ~icted in the School District of Palm Beach County FY2001-FY2005 Five-Year Plan and FY 2001 Capital Budget, June 2000. [Revised by Amendment 02-1 Policy A-1.5 Concurrency Service Areas (CSA) shall be established on a less than district-wide basis, as depicted on Map PS 1.1 and described in the Concurrency Service Area Boundary Descriptions in the Implementation Section of this element. 1. The criteria for Concurrency Service Areas shall be: Palm Beach County is divided into twenty-one CSAs. Each CSA boundary shall be delineated considering the following criteria and shall be consistent with provisions in the Interlocal Agreement: a. School locations, student transporting times, and future land uses in the area. b. Section lines, major traffic-ways, natural barriers and county boundaries. 2. Each CSA shall demonstrate that: a. Adopted level of service standards will be achieved and maintained for each year of the five-year planning period; and b. Utilization of school capacity is maximized to the greatest extent possible, taking into account transportation costs, court approved desegregation plans and other relevant factors. PS - 38 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 3. Consistent with s.163.3180(13)(c)2.,F.S., changes to the CSA boundaries shall be made only by amendment to the Public Schools Facilities Element and shall be exempt from the limitation on the frequency of plan amendments. Any proposed change to CSA boundaries shall require a demonstration by the School District that the requirements of 2(a) and (b), above, are met. Policy A-1.6 The Ci,ty of Delray Beach shall consider as committed and existing the public school capacity which is projected to be in place or under construction in the first three years of the School District's most recently adopted Five-Year Plan, as reflected in Table SD-CIP (Six Year Capital Improvement Schedule) of the Capital Improvement Element of the City of Delray Beach's Comprehensive Plan, when analyzing the availability of school capacity and making level of service compliance determinations. Policy A-1.7 The City of Delray Beach shall amend Table SD-CIP (Six Year Capital Improvement Schedule) of the Capital Improvement Element when committed facility capacity is eliminated, deferred or delayed, to ensure consistency with the School District Five-Year Plan. Policy A-1.8 For purposes of urban infill and in recognition of the entitlement density provisions of the City of Delray Beach's Future Land Use Element, the impact of a home on an existing single family lot of record shall not be subject to school concurrency. p~licv A-1.9 The City of Delray Beach shall' suspend or terminate its application of School concurrency upon the occurrence and for the duration of the following conditions: 1. School concurrency shall be suspended in all CSAs upon the occurrence and for the duration of the following conditions: · The occurrence of an "Act of God"; or · The School Board does not adopt an update to its Capital Facilities Plan by September 15th of each year; or · The School District's adopted update to its Capital Facilities Program Plan does not add enough FISH capacity to meet projected growth in demand for permanent student stations at the adopted level of service standard for each CSA and ensures that no school of any type exceeds the maximum utilization standard in any CSA; or · The School District Capital Facilities Plan is determined to be financially infeasible as determined by the State Department of Education, or as defined by the issuance of a Notice of Intent to Find an Amendment to a Capital Improvement Element not in compliance as not being financially feasible, by the Department of Community Affairs; or by a court action or final administrative action; or PS - 39 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 · If concurrency is suspended in one-third or more of the CSAs pursuant to Policy A-1.9(2)(a) below. 2. School Concurrency shall be suspended within a particular CS^ upon the occurrence and for the duration for the following conditions: · Where an individual school in a particular CSA is twelve or more months behind the schedule set forth in the School District Capital Facilities Plan, concurrency will be suspended within that CSA and the adjacent CSAs for that type of school; or · The School District does not maximize utilization of school capacity by allowing a particular CSA or an individual school to exceed the adopted Level of Service (LOS) standard; or · Where the School Board materially amends the first 3 years of the Capital Facilities Plan and that amendment causes the Level of Service to be exceeded for that type of school within a CSA, concurrency will be suspended within that CSA and the adjacent CSAs only for that type of school. 3. The County shall maintain records identifying all Concurrency Service Areas in which the School District has notified the County that the application of concurrency has been suspended. 4. Once suspended, for any of the above reasons, concurrency shall be reinstated once the Technical Advisory Group (TAG) determines the condition that caused the suspension has been remedied or the Level of Service for that year for the affected CSAs have been achieved. 5. If a Program Evaluation Report recommends that concurrency be suspended because the program is not working as planned, concurrency may be suspended upon the concurrence of 33% of the PARTIES signatories of the "Palm Beach County Interlocal Agreement with Municipalities of Palm Beach County and the School District of Palm Beach County to establish Public School Concurrency". 6. Upon termination of the Intedocal Agreement the County shall initiate a Comprehensive Plan Amendment to terminate school concurrency. Objective A-2 To provide for mitigation alternatives which are financially feasible and will achieve and maintain the adopted level of service standard in each year of the five-year planning period. Policy A-2.1 Mitigation shall be allowed for those development proposals that cannot meet adopted level of service standard. Mitigation options shall include options listed PS - 40 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 below for which the School District assumes the operational responsibility and which will maintain the adopted level of service standards for each year of the five-year planning pedod. 1. Donation of buildings for use as a primary or alternative learning facility; and/or 2. Renovation of existing buildings for use as public school facilities; or 3. Construction of permanent student stations or core capacity. The site plan for buildings being renovated pursuant to number 2 above, that are fifty years of age or older, shall demonstrate that there are no adverse impacts on sites listed in the National Register of Historic Places or otherwise designated in accordance with appropriate State guidelines as locally significant historic or archaeological resources. .- Policy A-2.2 A development order shall be issued and mitigation measures shall not be exacted when the adopted level of service standard cannot be met in a particular concurrency service area, as applied to an application for a development order, if the needed capacity for the particular CSA is available in one or more contiguous CSAs. Objective A-3 To ensure existing deficiencies and future needs are addressed consistent with the adopted level of service standard. Policy A-3.1 The City of Delray Beach, in coordination with the School District and other local governments, shall annually adopt the updated School District of Palm Beach County Six-Year Capital Improvement Schedule, by reference or follow other procedures consistent with Rule 9J-5, Florida Administrative Code. This provision is intended to maintain consistency with the School Board's adopted Five-Year Plan and to maintain a financially feasible capital improvements program and ensure that level of service standards will continue to be achieved and maintained in each year of the five year planning period. [Revised per Amendment 04-2] PS - 41 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOAL AREA"B" SCHOOL FACILITY SITING AND DEVELOPMENT COORDINATION: IT IS THE GOAL OF CITY OF DELRAY BEACH TO MAINTAIN AND ENHANCE JOINT PLANNING PROCESSES AND PROCEDURES FOR COORDINATION OF PUBLIC EDUCATION FACILITIES FOR PLANNING AND DECISION-MAKING REGARDING POPULATION PROJECTIONS, PUBLIC SCHOOL SITING, AND THE DEVELOPMENT OF PUBLIC EDUCATION FACILITIES CONCURRENT WITH RESIDENTIAL DEVELOPMENT AND OTHER SERVICES. Objective B-1 'To establish a process of coordination and collaboration between the County, local governments, and the School District in the planning and siting of public school facilities in coordination with planned infrastructure and public facilities. pqlicv B-1.1 The City of Delray Beach shall coordinate and provide for expedited review of development proposals with the School District during the development review process to ensure integration of public school facilities with surrounding land uses and the compatibility of uses with schools. P01i¢¥ B-1.2 The proposed site shall be suitable or adaptable for development in accordance with applicable water management standards, and shall not be in conflict with the adopted or officially accepted plans of the South Florida Water Management District, or any applicable Stormwater Utility or Drainage District. pqlicv B-1.3 The proposed location shall comply with the provisions of the Coastal Zone Management Element of the Comprehensive Plan, if applicable to the site. Policy B-1.4 The City of Delray Beach shall encourage the location of schools proximate to urban residential areas by: · Assisting the School District in identifying funding and/or construction opportunities (including developer participation or City of Delray Beach capital budget expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and other infrastructure improvements; · Providing for the review for all school sites as indicated in Policy B-1.1 above; and, · Allowing schools as a permitted use within all urban residential land use categories. poli~¥ B-1.5: The City of Delray Beach shall coordinate with the School District for the collocation of public facilities, such as parks, libraries, and community centers with schools, to the extent possible, as sites for these public facilities and schools are chosen and development plans prepared. PS - 42 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Objective B-2 To establish and maintain a cooperative relationship with the School District and municipalities in coordinating land use planning with development of public school facilities which are proximate to existing or proposed residential areas they will serve and which serve as community focal points. Ipolicv B-2.1 The City of Delray Beach shall abide by the "Palm Beach County Interlocal Agreement with Municipalities of Palm Beach County and the School Distdct of Palm Beach County to establish Public School Concurrency", which was fully executed by the parties involved and recorded with the Clerk of the Circuit Court of Palm Beach County on January 25, 2001, consistent with ss.163.3177(6)(h)1.and 2. F.S. and 163.3180 F.S. Policy B-2.2 The Technical Advisory Group (TAG) shall be established by the County, participating local governments, and the School District. The five member TAG will be comprised of a Certified Public Accountant, a General Contractor, a Demographer, a Business Person, and a Planner, nominated by their respective associations as indicated in the Intedocal Agreement to establish Public School Concurrency mentioned in Policy B-2.1 above. The Technical Advisory Group shall review and make recommendations including but not limited to the following: 1. The Capital Facilities Plan; 2. The Ten and Twenty Year work programs; 3. Schools that trigger a School Capacity Study; 4. Concurrency Service Areas boundaries; 5. School District Management Reports; and 6. Operation and effectiveness of the Concurrency Program; 7. Program Evaluation Reports. policy B-2.3 The City of Delray Beach shall provide the School District with annual information needed to maintain school concurrency, including information required for the School District to establish: · School siting criteria; · Level of service update and maintenance; · Joint approval of the public school capital facilities program; · Concurrency service area criteria and standards; and · School utilization. Policy B-2.4 The City of Delray Beach shall provide the School District with 'its Comprehensive Plan, along with the five-year land use and population projections, to facilitate development of school enrollment projections and shall annually update this information. The City of Delray Beach shall coordinate its Comprehensive Plan and the Future Land Use Map with the School District's long range facilities maps (Maps PS 3.1 and PS 3.2), to ensure consistency and compatibility with the provisions of this Element. PS - 43 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 P01i~y B-2.5 The City of Delray Beach shall advise the School District of a proposed public school site's consistency with the City of Delray Beach's Comprehensive Plan and land development regulations, including the availability of necessary public infrastructure to support the development of the site. pQlicv B-2.6 The City of Delray Beach shall provide opportunity for the School District to comment on comprehensive plan amendments, rezonings, and other land-use decisions which may be projected to impact on the public schools facilities plan. pQlicv B-2.7 The City of Delray Beach shall coordinate with local governments and the School District on emergency preparedness issues which may include consideration of: · Design and/or retrofit of public schools as emergency shelters; · Enhancing public awareness of evacuation zones, shelter locations, and evacuation routes; · Designation of sites other than public schools as long term shelters, to allow schools to resume normal operations following emergency events. Objective C-3 To establish a joint process of coordination and collaboration between the City of Delray Beach, Palm Beach County and the School District in the planning and decision making on population projections. policy C-3.1 The County shall convert the BEBR projections into both existing and new residential units and disaggregate these units throughout incorporated and unincorporated Palm Beach County into each CSA, using BEBR's annual estimates by municipality, persons-per-household figures, historic growth rates and development potential considering the adopted Future Land Use maps of all local government Comprehensive Plans. These projections are shown in Exhibit E of the Interlocal Agreement as "Projected Units Table" which shall be amended annually and provided to the School District. pQlic¥ C-3.2 The City of Delray Beach commits working with the School District and Palm Beach County to improve this methodology and enhance coordination with the plans of the School District and local governments. Population and student enrollment projections shall be revised annually to ensure that new residential development and redevelopment information provided by the municipalities and the County as well as changing demographic conditions are reflected in the updated projections. The revised projections and the variables utilized in making the projections shall be reviewed by all signatories through the Intergovernmental Plan Amendment Review Committee (IPARC). Projections shall be especially revisited and refined with the results of the 2000 Census. The responsibilities of local governments and the School District on population projections are described in Section ¥111-B of the Intedocal Agreement. PS - 44 NOTICE OF PUBUC HEARING' NOTICE OFcHANGECOMPREHENSIVE2004..02 PLAH ~,~ CITY OF DELRAY BEACH, FLORIDA ~N ~ A~N P~EL'G IN ~ NUMBE~ ~N A~ES 0ve~ay DisB~ ~ 1~ A~ (1~ B~) [ 41~ Ban~llage ~ MD ~um ~ ~12~} ~1~N.~1~,~ ~(~ ~~)~ ~m~ ~1~4~7~, ~ ~d ~ ORDINANCE NO. 29-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2004-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2004-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2004-2; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on May 17, 2004, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2004-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2004-2 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public heatings on Comprehensive Plan Amendment 2004-2 was held by the City Commission on June 8, 2004 (and continued to June 22, 2004) at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2004-2 was found to be in compliance by the Florida Department of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2004-2 was held on in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2004- 2, which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entided "Comprehensive Plan Amendment 2004-2. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the DeparUnent of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 29-04 PASSED AND ADOPTED in reg. lar session on second and final reading on this the day of ,2004. ATI'~SST Acting City Clerk Second Reading 3 ORD. NO. 29-04 TO: DAVID T. HARDEN CITY MANAGER ~_.~ ~ THRU: PAUL DORLING ~) DIRECTOR OF PLANNING AND ZONING SUBJECT: MEETING OF JULY 8~ 2004 - FIRST READING AND TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 2004-2 (04-2). The City Commission initiated Comprehensive Plan Amendment 04-2 on April 13, 2004. It is noted that there have been several changes to the contents of this amendment since its initiation. The privately initiated FLUM amendment for a portion of the Lighthouse property, located south of SW 1st Street, between SW 1st and SW 2® Avenues has been removed and will be processed separately as a small scale FLUM amendment. The City initiated FLUM amendment to consolidate and eliminate unnecessary FLUM designations will be accomplished by a text amendment and the City initiated FLUM amendment for the West Atlantic Avenue Overlay has been modified to exclude the parcel in front of the Tennis Center. An additional text amendment for a new Open Space and Recreation Element policy, regarding the establishment of an urban park at Old School Square has been added. The remaining items in the Plan Amendment consist of one (1) City initiated Future Land Use Map amendment, one (1) privately initiated Future Land Use Map amendment and a number of text changes, including those regarding increases in density in the Southwest Area Neighborhood Area and Comprehensive Plan requirements adopted by the Florida Legislature in 2002 for a new 10-year Water Supply Facilities Work Plan. Full analysis of each of the changes is contained in the attached Comprehensive Plan amendment and support documents. The Planning and Zoning Board held its public hearing regarding the amendment on May 17, 2004. During the Public Hearing, several residents made comments related to specific elements of the amendment. These related mainly to the proposed density increase for a portion of the Southwest Area Neighborhood. Residents were confused as to just how their properties were being affected. It was explained that the change was intended to implement recommendations in the community-prepared redevelopment plan for the area and that while the change would increase the maximum development potential of the properties if and when they should redevelop. The Board heard a presentation by Staff and the developer on the privately initiated FLUM amendment to accommodate the Cottages at Banyan Village project. Public testimony was provided both for and against the project. The overall concerns focused on issues related to the appropriateness of the higher density project surrounded primarily by single family development, the proposed project's affordability, and its consistency with the Southwest Area Neighborhood Redevelopment Plan. After discussion, the Planning and Zoning Board voted (3-1, Sowards, Pike and Walker absent) to recommend denial of the FLUM amendment for the Cottages of Banyan Village project. The Board voted (4-0 Sowards, Pike and Walker absent) to recommend approval of the remainder of Comprehensive Plan Amendment 04-2 on first reading and transmittal of the amendment to the Florida Department of Community Affairs. By motion, omit the privately initiated FLUM amendment for the Cottages of Banyan Village and approve on first reading, Ordinance No. 29-04, adopting the remainder of Comprehensive Plan Amendment 04-2, based on positive findings that it supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan, and transmit the Amendment, containing the material in the staff report and attachments to the Florida Department of Community Affairs. 1. Future Land Use Map Amendments a. City initiated Future Land Use Map amendment for property within the West Atlantic Overlay District from GC (General Commercial) to CC (Commercial Core). b. Privately initiated Future Land Use Map amendment for approximately 9 acres on the southwest corner of Swinton Avenue and SW 10th Street from LD (Low Density Residential 0-5 Units/Acre) to MD (Medium Density Residential 5-12 Units/Acre). The proposal is to accommodate the proposed Cottages at Banyan Village project. 2. Text Amendments a. Future Land Use Element - Modification of the description of the Medium Density FLUM designation to include provisions for increased density to approximately 24 units/acre within the boundaries of a special overlay district within the Southwest Neighborhood Area, subject to Conditional Use approval. This overlay district, located between the commercial area along West Atlantic Avenue and SW 2nd Street, from Swinton Avenue to Interstate 95, is being created to accommodate higher density residential development pursuant to the Southwest Area Neighborhood Redevelopment Plan; b. Future Land Use Element - Modification of the descriptions of the Commercial FLUM designations related to the West Atlantic Overlay Area; c. Future Land Use Element - Modification of FLUM category descriptions to reflect consolidation and elimination of unnecessary FLUM designations; d. Transportation Element - Revise Map #17, Intermodal Facilities; e. Transportation Element - Revision to policies under Objective D-3 to address and update timetables and the completion of tasks; f. Housing Element - Update Residential Neighborhood Categorization Map to reflect existing land use and boundary changes. g. Public Facilities Element - Revisions to consider the regional water supply plan and include a 10-year Water Supply Facilities Work Plan addressing water supply facilities necessary to serve existing and new development; h. Conservation Element - Amendment dealing with public recreation and boat ramps in conservation areas to achieve internal Plan consistency with the Open Space and Recreation Element; i. Conservation Element - Revisions addressing projected water needs and sources considering the South Florida Water Management District's Lower East Coast Water Supply Plan; j. Open Space and Recreation Element - Add policy stating that all park planning will be compatible with the adopted City of Delray Beach Parks and Recreation System Master Plan; k. Intergovernmental Coordination Element - Add policy to ensure coordination of the Comprehensive Plan with the regional water supply plan; I. Capital Improvement Element - Modify Table CI-CIP (5-Year Capital Improvements Schedule For Projects > $25,000) to reflect implementation of the new $24 Million Parks and Recreation Bond; m. Capital Improvement Element - Modification of Table SD-CIP. This table is the School District's Six Year Capital Improvement Schedule referenced in CIP Element Policy A-8.3; n. Public Schools Facilities Element - Updated Map Series for the School District. Replace Map PS 1.1; PS 2.1; PS 3.1; and PS 3.3. Eliminate Maps PS 3.2 and PS 3.4; o. Public Schools Facilities Element - Elimination of the appendices; p. Public Schools Facilities Element - Minor text changes throughout the element to amend references to the updated Map Series; updated Six Year Capital Improvement Schedule; and the deleted Appendices; q. Public Schools Facilities Element - Amendments required to maintain consistency with the recently amended Interlocal Agreement · Add definition for "First FTE Student Count" to Definitions section · Amend Policy A-1.1 dealing with the LOS standard · Amend Policy A-3.1 dealing with intergovernmental coordination; and r. Open Space and Recreation Element - Add policy to establish an urban park at Old School Square Attachments: · Comprehensive Plan Amendment 04-2 ORDINANCE NO. 29-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2004-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSWE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2004-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2004-2; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on May 17, 2004, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2004-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2004-2 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2004-2 was held by the City Commission on June 8, 2004 (and continued to June 22, 2004) at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2004-2 was found to be in compliance by the Florida Dep',aUnent of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2004-2 was held on in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2004- 2, which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2004-2. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Admimstrafion Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 29-04 PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ., 2004. ATI'EST M A Y 0 R Acting City Clerk First Reading Second Reading 3 ORD. NO. 29-04