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Ord 14-12
ORDINANCE NO. 14 -12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL -SCALE COMPREHENSIVE PLAN AMENDMENT, PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTION 163.3187, INCLUDING A SMALL -SCALE FUTURE LAND USE MAP AMENDMENT FROM CMR (COMMERCE) TO TRN (TRANSITIONAL) FOR LAND LOCATED AT THE SOUTHEAST CORNER OF SW 10TH STREET AND SW 10TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND AN ASSOCIATED TEXT AMENDMENT MODIFYING THE DESCRIPTION OF THE TRN (TRANSITIONAL) FUTURE LAND USE DESIGNATION PERTAINING TO SAID LAND; AND REZONING AND PLACING SAID LAND PRESENTLY ZONED LI (LIGHT INDUSTRIAL) TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING 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 163.3248, inclusive, known as the "Community Planning Act "; and WHEREAS, via Ordinance No. 82 -89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida "; and WHEREAS, West Corner Venture, LLC, is the fee simple owner of the property located at the southeast corner of SW 10th Street and SW 10th Avenue; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of CMR (Commerce); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from CMR (Commerce) to TRN (Transitional); and WHEREAS, West Corner Venture, LLC, has requested an amendment to the description of the Transitional designation within the Future Land Use Element pertaining to said property located at the southeast corner of SW 10th Street and SW 10th Avenue; and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January 2012, as being zoned LI (Light Industrial) District; and WHEREAS, at its meeting of March 19, 2012, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0 to recommend that the request be approved, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings of the Planning and Zoning Board; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as TRN (Transitional). Section 3. 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 163.3248, inclusive, known as the "Community Planning Act." Section 4. That the Future Land Use Element of the Comprehensive Plan, City of Delray Beach, Florida, be and the same is hereby amended, by amending the description of the Transitional Land Use designation to read as follows: TRANSITIONAL LAND USES: This designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses, except when applied to proper within the Wallace Drive Overlay District, in which case this designation will be limited to only 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. 2 ORD NO. 14 -12 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. Areas with this designation, located within a workforce housing overlay district, may exceed 12 units per acre up to a maximum of 24 units per acre within the Carver Estates Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Nonresidential development at an intensity equivalent to that associated with medium density residential land uses is also appropriate at a maximum FAR of 1.0, except when applied to property within the Wallace Drive Overlay District, where it is limited to a maximum FAR of 0.25. Section 5. That the Zoning District Map of the City of Delray Beach, Florida, be and the same is hereby amended to reflect a zoning classification of NC (Neighborhood Commercial) District for the following described property: (Parcel l) Lots 9, 10, 11 and 12, "ESQUIRE SUBDIVISION ", according to the Plat thereof, as recorded in Plat Book 23, Page 43 of the Public Records of Palm Beach County, Florida, less and not including those parcels deeded to the City of Delray Beach by Deed recorded in Official Record Book 8261, Page 159 and Official Record Book 8261, Page 162 of the Public Records of Palm Beach County, Florida, and less the South 80.0 feet of the East 150.0 feet of Lot 12. Also described as: That portion of Lots 9, 10, 11 and 12, "ESQUIRE SUBDIVISION ", according to the Plat thereof, as recorded in Plat Book 23, Page 43, Public Records of Palm Beach County, Florida, described as follows: Beginning at the Northeast corner of said Lot 11; thence S 00° 59' 01" W, along the East line of said Lot 11, a distance of 179.03 feet to a point on a line 80.0 feet North of and adjacent to the South line of said Lot 12; thence S 88° 43' 58" W, along said parallel line, a distance of 150.12 feet to a point on a line 150.0 feet West of and parallel to the East line of said Lot 12; thence S 00" 59' 01" W, along said parallel line, a distance of 80.06 feet to a point on the South line of said Lot 12; thence S 88° 43' 58" W, along said South line, a distance of 119.63 feet to the East right -of -way line of S.W. 10th Avenue as described in Official Record Book 8261, Pages 159 and 161, Public Records of Palm Beach County, Florida; thence N 03° 49' 13" E, along said East right -of -way line, a distance of 21.98 feet, thence N 0° 23' 12" E, continuing along said right -of -way line, a distance of 200.00 feet to a point on a curve concave to the Southeast, having a central angle of 61' 29' 39" and a radius of 35.00 feet; thence Northeast, along the arc of said curve whose chord bears N 31° 08' 01" E, a distance of 35.57 feet to a point on a curve concave to the South, having a central angle of 27° 09' 58" and a radius of 74.72 feet; thence Easterly, along the arc of said curve whose chord bears N 75° ORD NO. 14 -12 27' 50" E, a distance of 35.43 feet to a point on the North line of said Lot 9; thence N 89° 02' 49" E, along the North line of said Lots 9, 10 and 11, a distance of 218.71 feet to the Point of Beginning. TOGETHER WITH: (Parcel 2) Lot 13, less and except the East 215 feet thereof and less and except that portion thereof conveyed by instrument recorded in Official Records Book 16259, Page 854 and less and except that portion thereof utilized for right -of -way purposes for S.W. 10th Avenue and Wallace Drive, of ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43 of the Public Records of Palm Beach County, Florida and being more particularly described as follows: Beginning at the Southeast corner of said Lot 13, less the East 215 feet and the North 10 feet; thence South 88° 46' 49" West, a distance of 64.22 feet along the South line of said Lot 13 to a point on the East right -of -way line of Southwest 10th Avenue; thence North 00° 22' 28" East, a distance of 91.07 feet along said East right -of -way line to a point on the North line of said Lot 13; thence North 88° 43' 58" East, a distance of 65.16 feet along said North line to the Northeast corner of said Lot 13, less the East 215 feet; thence South 00° 57'49" West, a distance of 91.16 feet along said East line to the Point of Beginning. TOGETHER WITH: (Parcel 3) The West 15 feet of the East 215 feet of Lot 13, ESQUIRE SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 23, Page 43 of the Public Records of Palm Beach County, Florida. Said lands situate in Palm Beach County, Florida. Section 6. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 5 hereof. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 9. That this ordinance shall become effective as follows: thirty -one (31) days after adoption, unless the Comprehensive Plan amendment is timely challenged. If timely challenged, the effective date of this Ordinance shall be the date a final order is issued by the State Land Planning or the Administration Commission, finding the adopted amendment to be in compliance. No ORD NO. 14 -12 development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND ADOPTED in regular session on second and final reading on this the 17th day of April, 2012. ATTEST �\ '&� '�b. \v` City Clerk First Reading Second Reading MAY 5 ORD NO. 14 -12 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: David T. Harden, City Manager DATE: April 9, 2012 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF APRIL 17 2012 ORDINANCE NO. 14-12 ITEM BEFORE COMMISSION Pagel of 3 This ordinance is before Commission for second reading and a quasi-judicial hearing for a privately - initiated small -scale Comprehensive Plan amendment and rezoning for the proposed 10th & 10th Center, located at the southeast corner of SW 10th Street and 10th Avenue. The small -scale Comprehensive Plan amendment consists of a Future Land Use Map change from CMR (Commerce) to TRN (Transitional) and an associated Text Amendment modifying the description of the Transitional Land Use designation within the Future Land Use Element to restrict the use on the property to nonresidential development at a maximum FAR of 0.25. The associated rezoning will change the property from LI (Light Industrial) to NC (Neighborhood Commercial). BACKGROUND The subject property is located at the southeast corner of SW 10th Street and SW 10th Avenue, and is approximately 1.49 acres in size. This property and the surrounding area are located within the Wallace Drive Industrial Area, which is subject to the "Wallace Drive Redevelopment Plan", adopted by the City Commission on January 6, 2004. The Plan encourages the development of light industrial, limited commercial and office uses in an urban setting. The Plan recommended a Future Land Use Map (FLUM) amendment and rezoning for the subject property from Redevelopment Area #2 (RDA -2) to Commerce (CMR) and from Single- Family Residential (R -1 -A) to Light Industrial (LI), respectively. The recommended FLUM amendment and rezoning were approved by the City Commission on January 6, 2004. The requested Future Land Use Map amendment from CMR (Commerce) to TRN (Transitional) and rezoning from Light Industrial (LI) to Neighborhood Commercial (NC) is to allow development of a neighborhood commercial center at this location. The applicant's justification for these modifications is that there have been changes in industrial market conditions since adoption of the Wallace Drive Plan in 2004 which make additional industrial development impractical; and that there has been an increase in residential development in the immediate area that has resulted in increased demand for neighborhood http:// itwebapp / Agendalntranet /Bluesheet.aspx ?ItemlD= 5516 &MeetinglD =374 4/18/2012 Coversheet retail and services uses. Page 2 of 3 Staff agrees that there have been changes in industrial market conditions since 2004 and that this is the result of the current economic downturn. Staff does not agree that the current economic conditions represent a necessity to change long -range future land use provisions for the City. There was no timeline associated with the redevelopment effort given in the Redevelopment Plan. Redevelopment will not occur until opportunities arise on individual properties and market conditions support those opportunities. The City only has 374 acres of land within the Industrial Land Use categories of IND (Industrial) and CMR (Commerce). This represent only 3.7% of the City's developable land area. The applicant's justification statement included data that the City of Boca Raton reduced its light industrial land use by 25% between 1989 and 2005. It is significant to note that Boca Raton's 2005 figure of 6.45% is still 75% higher than the City's 3.7% figure. It is also important to note that the City reduced the amount of industrial land use in 2006 with creation of the MROC zoning district along the Congress Avenue corridor. This new zoning district eliminated industrial zoning in favor of a mixed residential, office and commercial zoning to encourage mixed use development with commercial or office on the ground floor and residential above utilizing new urbanism design elements. Staff's position is supported by the Palm Beach County Light Industrial Land Use Study "Whitepaper" and "Land Use Toolkit ") prepared by Swiger Consulting in December 2007, which recommends the retention of Industrial properties. Further reduction of the City's industrial base is unwarranted at this time and should be discouraged. The current Future Land Use Map designation of Commerce, along with the existing Light Industrial zoning is flexible enough to allow considerable development opportunities for the subject property as the economy improves. The allowed principal uses include "research and development "; "Wholesaling, Storage and Distribution "; "Manufacturing and Assembly "; "Office "; and "Repair ". It also allows limited retail for items processed on the premises. In terms of increased demand from the additional residential development in the area, staff notes that while more than 445 additional residential multifamily units have been approved and some of the units built within the area north of SW 10th Street, this area was zoned for multiple family development prior to adoption of the Wallace Drive Redevelopment Plan in 2004. In terms of long -range planning, the construction of these anticipated units does not really represent a change in circumstances. The applicant's property is located 0.45 miles from the Villages at Delray/Village Square developments. The convenience shopping needs of these residents are currently being met by two convenience stores -- the ABC Mini Mart, located at the southwest corner of SW 10th Street and SW 10th Avenue and the Valero gas station/convenience store, located in the Sherwood Park Plaza at the southeast corner of SW 10th Street and Congress Avenue. Sherwood Park Plaza is the closest neighborhood service /retail shopping center, and is the same distance away from the new residential units as the subject property. At one time, this center even had a Dollar General Store, but it has since been closed. Over 7,000 square feet of space is currently vacant at this center. Major shopping/services are also available on Linton Boulevard at Linton Square Plaza, 0.9 miles away, Linton Center, 1.2 miles away, and The Plaza at Delray, 1.8 miles away. Finally, downtown Delray Beach, with a wide range of specialty shops, is 1.7 miles away. For the reasons outlined above, staff feels that the changed conditions are not sufficient to warrant approval of the proposed FLUM modification, which will reduce the amount of land in the Commerce FLUM designation. This reduction is in direct conflict with Future Land Use Element Policy A -1.3, which says that such reductions should be discouraged. The applicant's proposal also includes an associated text amendment to the Future Land Use Element of the Comprehensive Plan modifying the description of the Transitional Future Land Use Map designation http: // itwebapp / Agendalntranet /13luesheet.aspx ?ItemID= 5516 &MeetingID =374 4/18/2012 Coversheet Page 3 of 3 to limit development of the subject property to nonresidential uses at a maximum FAR (Floor Area Ratio) of 0.25. This text amendment will reduce the maximum potential traffic impact of a 100% retail development to a level less than or equal to that which could be realized by a mixed office /retail development under the existing Commerce FLUM designation at its maximum FAR of 0.60. A maximum Floor Area Ratio of 1.0 is currently permitted for nonresidential uses in the Transitional designation. If the FLUM amendment and rezoning are supported by the City Commission, then the text amendment should also be supported. Since the proposed FLUM amendment and rezoning are not consistent with recommendations in the adopted Wallace Drive Redevelopment Plan, the applicant is seeking a concurrent amendment of the Redevelopment Plan to address the conflicts. This modification, which is being processed concurrently, is a sub -item to this agenda item on the April 17, 2012 Regular Commission Meeting agenda. REVIEW BY OTHERS At its meeting of March 19, 2012, the Planning and Zoning Board held a public hearing associated with the small -scale Comprehensive Plan Amendment, including a Future Land Use Map amendment from CMR (Commerce) to TRN (Transitional) and an associated text amendment; rezoning from LI (Light Industrial) to NC (Neighborhood Commercial); and modification of the Wallace Drive Redevelopment Plan. Staff presented its analysis of the applicant's justification for the proposed changes and recommended denial based on a failure to make positive findings related to "Demonstration of Need" and consistency with the Goals, Objectives and Policies of the Comprehensive Plan. Note: the complete analysis of applicant's justification is included in the attached Planning and Zoning Board Staff Report. The applicant made a presentation in support of the changes and stated that there is not a current market for light industrial development; that the future market for the light industrial development will be limited; and that this is the "right place -right time" for a neighborhood commercial development at the proposed location. Several members of the public spoke on this agenda item —both in favor of and in opposition to the proposed changes. After a discussion, the Board recommended approval of the proposal on a 7 -0 vote. The City Commission passed Ordinance No. 14 -12 on first reading at the April 3, 2012 Regular Meeting in order to move the item forward for seond reading and a public hearing. RECOMMENDATION Although the Planning and Zoning Board recommended approval, staff recommends that the City Commission deny Ordinance No. 14 -12 on second reading for a small -scale Comprehensive Plan amendment, including a Future Land Use Map amendment from CMR (Commerce) to TRN (Transitional) and an associated text amendment, and rezoning from LI (Light Industrial) to NC (Neighborhood Commercial) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(D)(5) and 3.1.1 of the Land Development Regulations. http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 5516 &MeetingED=374 4/18/2012 ORDINANCE NO. 14-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL -SCALE COMPREHENSIVE PLAN AMENDMENT, PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT', FLORIDA STATUTES SECTION 163.3187, INCLUDING A SMALL -SCALE FUTURE LAND USE MAP AMENDMENT FROM CMR (COMMERCE) TO TRN (TRANSITIONAL) FOR LAND LOCATED AT THE SOUTHEAST CORNER OF SW 10M STREET AND SW 10TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND AN ASSOCIATED TEXT AMENDMENT MODIFYING THE DESCRIPTION OF THE TRN (TRANSITIONAL) FUTURE LAND USE DESIGNATION PERTAINING TO SAID LAND; AND REZONING AND PLACING SAID LAND PRESENTLY ZONED LI (LIGHT INDUSTRIAL) TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012'; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING 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 163.3248, inclusive, known as the "Community Planning Act "; and WHEREAS, via Ordinance No. 82 -89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida "; and WHEREAS, West Corner Venture, LLC, is the fee simple owner of the property located at the southeast corner of SW 101h Street and SW 10th Avenue; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of CMR (Commerce); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from CMR (Commerce) to TRN (Transitional); and WHEREAS, West Corner Venture, LLC, has requested an amendment to the description of the Transitional designation within the Future Land Use Element pertaining to said property located at the southeast corner of SW 10dh Street and SW 10th Avenue; and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January 2012, as being zoned LI (Light Industrial) District; and WHEREAS, at its meeting of March 19, 2012, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0 to recommend that the request be approved, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings of the Planning and Zoning Board; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELR AY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as TRN (Transitional). Section 3. 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 163.3248, inclusive, known as the "Community Planning Act." Section 4. That the Future Land Use Element of the Comprehensive Plan, City of Delray Beach, Florida, be and the same is hereby amended, by amending the description of the Transitional Land Use designation to read as follows: TRANSITIONAL LAND USES: This designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses, except when applied to property within the Wallace Drive Overlay District. in which case this designation will be limited to o& 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. 2 ORD NO. 14 -12 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. Areas with this designation, located within a workforce housing overlay district, may exceed 12 units per acre up to a maximum of 24 units per acre within the Carver Estates Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Nonresidential development at an intensity equivalent to that associated with medium density residential land uses is also appropriate at a maximum FAR of 1.0. except when applied to property within the Wallace Drive Overlay District, where it is limited to a maximum FAR of 0.25. Section 5. That the Zoning District Map of the City of Delray Beach, Florida, be and the same is hereby amended to reflect a zoning classification of NC (Neighborhood Commercial) District for the following described property: (Parcel 1) Lots 9, 10, 11 and 12, "ESQUIRE SUBDIVISION ", according to the Plat thereof, as recorded in Plat Book 23, Page 43 of the Public Records of Palm Beach County, Florida, less and not including those parcels deeded to the City of Delray Beach by Deed recorded in Official Record Book 8261, Page 159 and Official Record Book 8261, Page 162 of the Public Records of Palm Beach County, Florida, and less the South 80.0 feet of the East 150.0 feet of Lot 12. Also described as: That portion of Lots 9, 10, 11 and 12, "ESQUIRE SUBDIVISION ", according to the Plat thereof, as recorded in Plat Book 23, Page 43, Public Records of Palm Beach County, Florida, described as follows: Beginning at the Northeast corner of said Lot 11; thence S 00° 59' 01" W, along the East line of said Lot 11, a distance of 179.03 feet to a point on a line 80.0 feet North of and adjacent to the South line of said Lot 12; thence S 88° 43' 58" W, along said parallel line, a distance of 150.12 feet to a point on a line 150.0 feet West of and parallel to the East line of said Lot 12; thence S 00° 59' 01" W, along said parallel line, a distance of 80.06 feet to a point on the South line of said Lot 12; thence S 88° 43' 58" W, along said South line, a distance of 119.63 feet to the East right -of -way line of S.W. 10th Avenue as described in Official Record Book 8261, Pages 159 and 161, Public Records of Palm Beach County, Florida; thence N 03° 49' 13" E, along said East right -of -way line, a distance of 21.98 feet, thence N 0° 23' 12" E, continuing along said right -of -way line, a distance of 200.00 feet to a point on a curve concave to the Southeast, having a central angle of 61° 29' 39" and a radius of 35.00 feet; thence Northeast, along the arc of said curve whose chord bears N 31° 08' 01" E, a distance of 35.57 feet to a point on a curve concave to the South, having a central angle of 27° 09' 58" and a radius of 74.72 feet; thence Easterly, along the arc of said curve whose chord bears N 75° ORD NO. 14 -12 27' 50" E, a distance of 35.43 feet to a point on the North line of said Lot 9; thence N 89° 02' 49" E, along the North line of said Lots 9,10 and 11, a distance of 218.71 feet to the Point of Beginning. TOGETHER WITH: (Parcel 2) Lot 13, less and except the East 215 feet thereof and less and except that portion thereof conveyed by instrument recorded in Official Records Book 16259, Page 854 and less and except that portion thereof utilized for right -of -way purposes for S.W. 10th Avenue and Wallace Drive, of ESQUIRE SUBDIVISION, according to the Plat thereof recorded in Plat Book 23, Page 43 of the Public Records of Palm Beach County, Florida and being more particularly described as follows: Beginning at the Southeast corner of said Lot 13, less the East 215 feet and the North 10 feet; thence South 88° 46' 49" West, a distance of 64.22 feet along the South line of said Lot 13 to a point on the East right -of -way line of Southwest 10th Avenue; thence North 00° 22' 28" East, a distance of 91.07 feet along said East right -of -way line to a point on the North line of said Lot 13; thence North 88° 43' 58" East, a distance of 65.16 feet along said North line to the Northeast corner of said Lot 13, less the East 215 feet; thence South 000 57'49" West, a distance of 91.16 feet along said East line to the Point of Beginning. TOGETHER WITH: (Parcel 3) The West 15 feet of the East 215 feet of Lot 13, ESQUIRE SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 23, Page 43 of the Public Records of Palm Beach County, Florida. Said lands situate in Palm Beach County, Florida. Section 6. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 5 hereof. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 9. That this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the Comprehensive Plan amendment is timely challenged. If timely challenged, the effective date of this Ordinance shall be the date a final order is issued by the State Land Planning or the Administration Commission, finding the adopted amendment to be in compliance. No ORD NO. 14 -12 development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND ADOPTED in regular session on second and final reading on this the 17th day of April, 2012. ATTEST City Clerk First Reading Second Reading MAYOR ORD NO. 14 -12 w F- c! 3 N S. 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SHL-PARD & MISKEL, LLP GARY S. DUNAY THE PLAZA • SUITE 801 (5 61) 368.7700 KENNETH W. LIPMAN 5355 TOWN CENTER ROAD FAX: (561) 369 -9274 BONNIE MISKEL JONATHAN L. SHEPARD CARL E. SIEGEL SCOTT BACKMAN LINDA B. LYMAN Mr. Paul Dorling. Director Planning & Zoning Department City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, FL 33444 BOCA RATON, FLORIDA 33486 WWW.5LC)SMLAW.COM Flr� l = : ~ rebruary 3, 2012 LilFEB 011 `lii1G � l PLANNING & ZONING RE: West Corner Venture LLC - Approximately 1.3 acres /Southeast Corner of Wallace Drive /SW 10th Avenue and SW l Oth Street Modification to the 2004 Wallace Drive Redevelopment Plan Application for Sntall Scale Future Land Use Map Amendment and Future Land Use Element Text Amendments • Application for Rezoning • Amendments to the Laud Development Regulations Dear i 4rrrr. 96rlmg, On behalfof West Corner Venture LLC, a property owner within the Redevelopment Plan area. we are pleased to submit the following amendments for consideration by the City of Delray Beach for approximately 1.9 acres located on the southeast corner of Wallace Drive /SW 10th Avenue and SW 10th Street, as further described below: 1. Proposed Modification to the 2004 Wallace Drive Redevelopment Plan. if. Application for Small Scale Comprehensive Plan Amendment amending the Future Land Use Map from (CMR) Commerce Future Land Use Designation to (TRN) Transitional Future Land Use Designation and amending the text of the Future Land Use Element regarding the description of the Transitional Future Land Use Designation to allow non - residential uses on property with a TRN designation in the Wallace Drive Redevelopment Area and to limit the FAR for non - residential uses on the property to 0.6 FAR. 111. Application for Rezoning from (LI) Light Industrial to (NC) Neighborhood Commercial. IV. Application for Proposed Text Amendments to the City's Land Development Regulations (LDR) Chapter 4 - Zoning Regulations amending: a) Section 4.4.11 (G)(1) to create new Supplemental District Regulations ilt the (NC) Neighborhood Commercial zoning district to limit the FAR of the non - residential uses zoned NC in the Wallace Drive Overlay District to 0.6. b) Section 4.3.4 (K) Development Standards Matrix - Nonresidential Zoning Districts - Neighborhood Commercial - to provide for certain development standards for property zoned NC in the Wallace Drive Overlay District. As I am sure you are aware, Mr. Jim Zengage. owner of West Corner Venture LLC, has worked with the City on a number of redevelopment projects over the years. In an effort to help spark the redevelopment of the area east of Wallace Drive /SW 10 Avenue, south of SW 10 Street, Mr. Zengage acquired property in this area that had received site plan approval for a warehouse and showroom building consistent with the light industrial uses envisioned within the 2004 Redevelopment Plan. Shortly after the adoption of the Redevelopment Plan and approval of this project, significant changes occurred in market conditions, which have undermined the potential for the redevelopment of the subject area for fight industrial uses. The result of the economic downturn has diminished the potential to attract tenants and has made it difficult to obtain financing for redevelopment of light industrial projects. Approved light industrial projects have required numerous site plan extensions over the S year period since the adoption of the Redcvelopment Plan, leaving properties in this area vacant. Other light industrial development, while built, has been difficult to lease, leaving empty building spaces. Please see map attached as Exhibit A reflecting the vacant and undeveloped properties within the Redevelopment Plan area. The long- lasting negative market conditions has resulted in a necessity to modify the Redevelopment Plan to allow "reasonable u-ansfonnation" of the area "for the benefit of residents that live in close proximity to the redevelopment area," as expressed in the adopted Redevelopment plan. The underdeveloped and vacant parcels have dramatically impacted both rental rates and property values within the area. While the potential to redevelop the subject property 11or light industrial uses has diminished since 2004, the demand for neighborhood retail and services uses has increased as a result of newly approved residential development in the immediate vicinity. Residential multifamily and single family homes have existed cast. west and north of the Wallace Drivc subject area even prior to the Redcvelopment Plan's adoption in 2004. Since then, more than 445 additional residential multifamily units have been approved and some of the units have already been built within the area, as a result of the recent approvals of the Village of Dclrty Beach and Housing Authority Village Square residential developments. The Redevelopment Plan does not currently allow the types of neighborhood commercial retail and services uses necessary to meet the commercial retail and service needs of the nearby residents. With limited options for local shopping, these residents are required to travel out of their area to access everyday goods and services. in consideration of the changes in conditions that have occurred since the 2004 adoption of the Redevelopment Plan, we respectfully request that the applications enclosed herein be approved by the City to allow reasonable transformation of the subject property for the benefit of residents that live in close proximity to the Redevelopment Area and to make the area more marketable for business development. Please note that the subject property includes approximately 0.314 acre that is currently owned by the City. it is our intention to work with the City regarding the transfer ofo-amership of this property from the City to the applicant prior to final adoption ofthe future Land Use Amendment and Rezoning for the entire 1.5 acres. Please call should you have any questions whatsoever regarding the enclosed items. Should you send any correspondence in this regard, pleasc also include a copy of such correspondence to the email provided below for Mr. Zengagc, and to Ms. Ward, our professional planner. Thank you in advance for your assistance. Sincerely yours. Bonnie Miskel Enclosures cc: Mr. James Zcngage, West Corner Venture l.l..C. iim@southerndev.com Ms. Cecelia Ward, AiCP. JC Consulting Inc. cwardr&iceonsultinainc.net 8. A justification statement addressing Future Land Use Element, Policy A -1.7 of the Comprehensive Plan, which requires amendments to the Future Land Use Map be based upon the findings listed below. The justification statement 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 similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. Justification Statement and Demonstration of Need: A. 2012 Modification to the Wallace Drive Redevelopment Plan The Wallace Drive Redevelopment Plan [Redevelopment Plan] was adopted by the City Commision on January 6, 2004, providing for a redevelopment plan for the area bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. The intent of the Redevelopment Plan was to make a unique place that would "encourage the development of light industrial, commercial and offices uses in an urban setting and to replace the existing single family and blighted conditions over time, providing for recommendations intended to "work toward making the area more marketable for business development while protecting the surrounding uses of greater impacts," and identified changes needed to the City's Comprehensive Plan and Land.Development Regulations to implement the Redevelopment Plan. Following the adoption of the Redevelopment Plan, the City amended its Comprehensive Plan, specifically including Policy C.1.8 in the Future Land Use Element, which states that "Future development must be in accordance with the provisions of the Redevelopment Plan." 11 Proposed FLUM /FLUE Small Scale Amendment - Responses to Application Items #8 and #9 - Revised 2.1.12 (1.5 acres) The City also amended the Future Land Use Map designating the subject property which lies east of Wallace Drive /SW 10th Avenue as Industrial /Commerce Future Land Use. The Industrial Future Land Use Designation has two classifications: Industrial and Commerce. The Commerce Future Land Use Designation applies to the subject area and allows a mix of industrial, service, and commercial uses. The City also rezoned that area east of Wallace Drive /SW 10th Avenue, from R -1 -A (single family residential) to Light Industrial, consistent with the Plan and the Commerce Future Land Use Designation. As stated in the Redevelopment Plan, the LI (Light Industrial) zoning district, east of Wallace Drive /S W 10th Avenue, is intended to serve as a buffer between the MIC district to the west and residential development to the east. As previously noted, the intent of the 2004 Redevelopment Plan was to provide a plan with supporting land development regulations that would make the area "more marketable" for development of light industrial, commercial and offices uses in an urban setting." The Plan also recognized the need for reasonable transformation to occur in that area east of Wallace Drive /SW 10th Avenue for the benefit of residents that live in close proximity to the redevelopment area. B. Change in Industrial Market Conditions Since2004 Plan Adoption Shortly after the adoption of the Plan in 2004, significant changes occurred in market conditions, which have undermined the potential for the redevelopment of the area east of Wallace.Drive /SW 10th Avenue for light industrial uses. The result of the economic downturn has diminished the potential to attract tenants and has made it difficult to obtain financing for redevelopment of light industrial projects. Approved light industrial projects have required numerous site plan extensions over the 8 year period since the adoption of the Redevelopment Plan, leaving properties in this area vacant. Other light industrial development, while built, has been difficult to lease, leaving empty building spaces. The long - lasting negative market conditions has resulted in a necessity to modify the Redevelopment Plan to allow "reasonable transformation" of the area "for the benefit of residents that live in close proximity to the redevelopment area," as expressed in the adopted Redevelopment Plan. [See Supporting Data - subsection E.J C. Increase in Residential Development Since 2004 Plan Adoption While the potential to redevelop the subject property for light industrial uses has diminished since 2004, the demand for neighborhood retail and services uses has increased as a result of newly approved residential development in the immediate vicinity. Residential multifamily and single family homes have existed east, west and north of the Wallace Drive subject area even prior to the Redevelopment Plan's adoption 2 1 Proposed FLU M/FLUESma ll Scale Amendment - Responses to Application Items #8 and #9 -Revised 2.1.12 (1.5 acres) in 2004. Since then, more than 445 additional residential multifamily units have been approved and some of the units have already been built within the area as a result of the recent approvals of the Village of Delray Beach and Housing Authority Village Square residential developments. The Redevelopment Plan does not currently allow the types of neighborhood commercial retail and services uses necessary to meet the commercial retail and service needs of the nearby residents. With little options for local shopping, these residents are required to travel out of their area to access everyday goods and services. D. 2012 Modification to the Redevelopment Plan Necessitates FLUM In response to these changes in conditions, the City Commission of the City of Delray Beach has found it necessary and prudent to update and modify the Redevelopment Plan to allow neighborhood commercial uses on the subject property to meet the commercial retail and service needs of nearby residents, necessitating the Future Land Use Map and Future Land Use Element Text Amendments. E. Supporting Data: 1. Employment Enhancement: A. Statistics illustrate that the intent of the Wallace Drive Redevelopment Plan to enhance employment opportunities related to manufacturing, assembly, storage and distribution, has not come to fruition. 1) Delray Beach Unemployment Rate is the same as the national average and number of jobs have decreased by 17 %: • Delray Beach has an unemployment rate of 5.8% [national average of 5.8 0/0]. • According to Delray Beach Trends data, the number of Delray Beach, Florida jobs has decreased by 17% since May 2010. 2) Delray Beach leading industries do not include manufacturing, assembly, storage and distribution uses: • The leading industries in Delray Beach, Florida are Educational, health and social services, 17 %; Retail trade, 14 %; and Arts, entertainment, recreation, accommodation and food services, 13 %. Source: h t(p://www.simp[yhiredcom/a4oeal jobs/eity/(- De1ray +Beach, +FL 2. Sufficient amount of Existing Industrial Development in the Redevelopment Area: A. According to the 2004 Wallace Drive Redevelopment Plan, approximately 30% [10 acres] of the Wallace Drive Redevelopment Area provides for existing industrial uses west of Wallace Drive /SW 10th Avenue. The application to amend the Future Land Use Map does not include any of the existing industrial property located west of Wallace Drive /SW 10th Avenue. B. Population Projections Do Not Support the Need for Additional Industrial Development within the City. 1) The City's Comprehensive Plan included a 2007 estimated population of 64,360, and expected a population increase by 10.1 % to 70,870 by the year 2015 and by 21.4% to 31 Proposed FLUM /FLUE Small Scale Amendment - Responses to Application Items #8 and #9 - Revised 2.1.12 (1.5 acres) 78,143 by the year 2025. The Plan concluded that... "it's obvious that the population had been growing at a much higher rate than estimated since the prior Census in 1990, thereby skewing the projections." However, the 2010 Census revealed that the population of the City in 2010 was only 60,522 people. As such, from 2000 to 2010, the Delray Beach city population grew by only 0.8% (from 60,020 people to 60,522 people). Source: Denny Beach City Census 2010 Data - Population!DehrO, Beach city Poprrlation Growth: Census 2000 to Census 2010 3. Proposed Amendment is an appropriate response to Unanticipated Changes in the Industrial Market: A. The proposed amendment is commensurate with planning and zoning changes implemented by other local municipalities as a means to respond to unanticipated changes in the industrial market. 1) For example, the City of Boynton Beach reclassified several industrial properties to allow for commercial and residential development, noting that while "unanticipated," these changes to certain industrial land use designated areas were necessary to respond to the changes in market trends. Source: City of Boynton Beach 2006 Evaluation and Appraisal Report 2) The City of Boca Raton amended its industrial land use category to allow the co- location of public facilities and schools, and amended its land development regulations to allow public schools within any of the zoning districts that corresponded to the Light Industrial (IL). Source: City of Boca Raton 2005 Evaluation and Appraisal Report 3) The City of Boca Raton also reduced the total amount of light industrial land use designated in its' Future Land Use Plan by more than 25% from the amount designated in their 1989 Comprehensive Plan. Boca Raton - 2005 Comprehensive Plan Future Land Use Category Acreage /Percent Future Land Use Map 1989 Light Industrial (IL) 1,334.00 9.56% Future Land Use Map 2005 Light Industrial (IL) 981.43 6.45% Source: City of Boca Raton 2005 Evaluation and Appraisal Report B. Industrial vacancy rates continue to increase in South Florida. Source: Cushman & Wakefield, Marketbeat Untied States Offrce/Industrial Report, 3011, South C. The demand for industrial development in the Wallace Drive LI zoned area has disappeared with the evolving economy. 1) The Wallace Drive Commerce Center located at 1250 Wallace Drive, is a 40,702 square foot, 14 unit warehouse /office condominium that received its Certificate of Occupancy on May 22, 2006. Between August, 2006 and April, 2007 eight units were sold at full market value. No sales occurred for the next 2' /z years, then between December, 2010 and November, 20113 more units were sold at only 55% of their original fair market value. The remaining 3 units are currently leased at reduced rates. 41 Proposed FLUM /FLUE Small Scale Amendment - Responses to Application Items #8 and #9 -Revised 2.1.12 (1.5 acres) 2) Delray Beach Year End Reviews Provided between 2004 and 2010 illustrate the continued slowdown in the demand for industrial development within the City. ■ Consistency --The requested designation is consistent with goals, objectives, and policies of the most recently adopted Comprehensive Plan. Demonstration of Consistency with the adopted Comprehensive Plan: A. The proposed map amendment will allow redevelopment of the subject property is complimentary to and compatible with existing nearby residential development and will provide for affordable goods and services for nearby residents, consistent with Goal Area "A" and Objective A -1 of the FLUE. GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO SUSTAIN AND ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT AND BE COMPATIBLE WITH EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINATELY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE AND ENCOURAGE ACCESSIBLE AFFORDABLE EVERYDAY SERVICES. Objective A -I Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations, encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. B. There are no natural resources or historic resources on the subject property. As such, the proposed amendment is consistent with Objective A -3, Policy A -3 -1, Objective A -4 and Policy A -4.1 of the FLUE. Objective A -3 The development or utilization of remaining vacant land shall provide for the creation and retention of open space and the retention of natural resources. This objective shall be met through the following policies: Policy A -3.1 Prior to recommending approval of any land use application which involves vacant land, the appropriate approving board must make a finding that the requested land use action is consistent with this objective and its supporting policies. Objective A -4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and, where applicable, to architectural design guidelines through the following policies: Policy A -4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines ". C. The amendment is proposed for vacant property that is serviceable, that supports the community's future growth and that allows for development that enhances the current flProposed FLUM /FLUE Small Scale Amendment- Responses to Application Items #8 and #9 - Revised 2.1.12 (1.5 5 acres) quality of life of nearby residents in the area, consistent with Goal Area "B ", Objective B -1, B -2, Policy B -2 -3, of the FLUE. GOAL AREA 'B" THE REMAINING GROWTH OF THE COMMUMTYSHALL OCCUR INA MANNER WHERE NEW DEVELOPMENT AND REDEVELOPMENT WILL BE SERVICEABLE AND IT WILL NOT IMPEDE THE COMMUNITY'S ABILITY TO ACCOMMODATE FUTURE GROWTH OR DETRACT FROMITS CURRENT QUALITY OF LIFE. Objective B -1 New development shall not occur upon land which is needed for public facilities or greenspace which are necessary to support development within the community. Objective B -2 Facilities and services which are provided by, or through, the City of Delray Beach shall be provided to new development concurrent with issuance of a Certificate of Occupancy pursuant to the following policies. Policy B -2.3 Prior to recommending approval of any land use application which comes before it, the Local Planning Agency, or appropriate approving body, must make a finding of consistency with this objective and its supporting policies. If such a finding cannot be made, either conditions shall be made which provide for concurrency or the land use request shall be denied. D. Text amendments related to the Transitional Future Land Use Designation in the Future Land Use Element are proposed concurrent with the Future Land Use Map amendment to limit the uses permitted on the subject property to non - residential uses and to limit the allowable maximum FAR for the non - residential uses to 0.6, to address concurrency as required by these Goals, Objectives and Policies [See Attached Future Land Use Element Text Amendments]. E. The proposed amendment will allow for redevelopment of the southeast corner of Wallace Drive /SW 10th Avenue and SW 10th Street, located within the Wallace Drive Redevelopment Area, consistent with Goal C and Objective C -1 of the FLUE, which support the redevelopment and renewal of "blighted areas" of the City. GOAL AREA "C" BLIGHTED AREAS OF THE CITY SHALL BE REDEVELOPED AND RENEWED AND SHALL BE THE MAJOR CONTRIBUTING AREAS TO THE RENAISSANCE OF D.ELRAY BEACH, Objective C -1 Blighted areas, as designated by the City Commission, shall receive special attention and assistance in renewal. This objective shall be implemented through the following policies and activities. F. The proposed amendment is consistent with Policy C -1.8 and with the Wallace Drive Redevelopment Plan, as amended [See Attached Future Land Use Element Text Amendments]. G. The proposed amendment includes text amendments to the Future Land Use Element to the Transitional Future Land Use Designation, and corresponding Policies, to limit the uses permitted on the subject property to non - residential uses and to limit the 6 Proposed FLUM /FLUE Small Scale Amendment - Responses to Application Items #8 and #9 -Revised 2.1.12 (1.5 acres) allowable maximum FAR for the non - residential uses to 0.6 Policies [,See Attached Future Land Use Element Text Amendments]. ■ Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Compliance with Concurrency Standards The proposed amendment includes text amendments to the Future Land Use Element to the Transitional Future Land Use Designation, and corresponding Policies, to limit the uses permitted on the subject property to non- residential uses and to limit the allowable maximum FAR for the non - residential uses to 0.6 Policies [See Attached Future Land Use Element Text Amendments]. • Compatibility -- The requested designation will be compatible with existing and future land uses of the surrounding area. Compatibility with Surrounding Area A. While the potential to redevelop the subject area for primarily light industrial uses has diminished since 2004, the demand for neighborhood retail and services uses has increased as a result of newly approved residential development in the immediate vicinity. Residential multifamily and single family homes have existed east, west and north of the Wallace Drive subject area even prior to the Redevelopment Plan's adoption in 2004. Since then, more than 445 additional residential multifamily units have been approved and some of the units have already been built within the area as a result of the recent approvals of the Village of Delray Beach and Housing Authority Village Square residential developments. The Redevelopment Plan does not currently allow the types of neighborhood commercial retail and services uses necessary to meet the commercial retail and service needs of the nearby residents. With little options for local shopping, these residents are required to travel out of their area to access everyday goods and services B. In response to these changes in conditions, the City Commission of the City of Delray Beach has found it necessary and prudent to update and modify the Redevelopment Plan to allow neighborhood commercial retail and service uses on approximately 1.5 acres of property located at the southeast corner of Wallace Drive /SW 10th Avenue and SW 10th Street to allow for neighborhood commercial development to meet the commercial retail and service needs of nearby residents, necessitating the Future Land Use Map and Future Land Use Element Text Amendments. The proposed amendments will continue to support the development of light industrial uses in the remaining 7 acres that are located south of the subject property and east of Wallace Drive /SW 10th Avenue, as expressed in the 2004 Redevelopment Plan. ■ Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations 7 Proposed FLUM /FLUE Small Scale Amendment - Responses to Application Items #8 and #9 - Revised 2.1.12 (1.5 acres) PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: March 19, 2012 AGENDA ITEM: IV. C. ITEM: 10th & 10th Center — Small Scale Future Land Use Map Amendment and Rezoning. GENERAL DATA: Agent .. ............................... Bonnie Miskel Applicant ............................ West Corner Venture, LLC Owner ............................... West Corner Venture, LLC Location ... ............................... South Side of SW 10th Street, Between SW 9th Avenue and SW 10th Avenue Property Size .......................... 1.5 Acres Existing Future Land Use Map designation ......................... Commerce (CMR) Proposed Future Land Use Map designation .................. Transitional (TRN) Current Zoning .................... Light Industrial (LI) Proposed Zoning ................... Neighborhood Commercial (NC) Adjacent Zoning......... North: Open Space and Recreation (OSR) South: Light Industrial (LI) East: Community Facilities (CF) West: Mixed Industrial and Commercial (MIC) Existing Land Use ................... Vacant Proposed Land Use ............... Neighborhood Commercial Center Water Service ......................... Connection Available Via Extension of 10" Water Main Within the SW 9th Avenue Right - of -Way Sewer Service ........................ Connection Available Via a 16" Sanita,7 Sewer Main Within the SW 10t Street Right -of -Way IV. C. f: •, .il �',1 1 I ? I.• '.,+:, !'ij(11 .t: 'j! 1 sfi ',R'.' T,H E B Q A The item before the Board is that of making a recommendation to the City Commission on a privately - initiated small -scale Comprehensive Plan amendment and rezoning for the proposed 10th & 10th Center, located at the southeast corner of SW 10th Street and SW 10th Avenue. The small -scale Comprehensive Plan amendment consists of a Future Land Use Map change from CMR (Commerce) to TRN (Transitional) and an associated Text Amendment modifying the description of the Transitional Land Use designation within the Future Land Use Element to restrict the use on the property to nonresidential development at a maximum FAR of 0.25. The associated rezoning consist of a zoning change from LI (Light Industrial) to NC (Neighborhood Commercial). Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to amendments to the Comprehensive Plan, Future Land Use Map changes or the rezoning of any property within the City. IlY i! I I- jl11. +tit ?!l j1St,` +lir rya . . +. rll,n • <:11,1 -; -. 7. I ' rl 'Ili 4i I t ! ::?1,r ;h v,:•o � {Fyhi•i.� 9„ 1)'i(1" '° '. f �4i I;: ili'; 5,1i; ;fi:,: rfi7 !- 1 d:1 )i. aid -.. ,•l j• I ( I 'i' C'. I 'i I'. I RE, 51 a:)ii. •jbl'- `�' , (.., +: IV ,i , p^ 171.1,1.1 I' i. ( �'• L.. l'• : T►.t { ' Ql .•�:i,± J I_.:,Lt. The 1.49 acre subject property is located within the Esquire Subdivison, recorded in Plat Book 23, Page 43 of the public records of Palm Beach County, Florida on February 27, 1950. It, was annexed into the City on June 28, 1988, via the Enclave Act (Enclave #31A) and is currently undeveloped after two (2) residential structures were demolished. This property and the surrounding area are located within the Wallace Drive Industrial Area, which is subject to the "Wallace Drive Redevelopment Plan ", adopted by the City Commission on January 6, 2004. The Plan encourages the development of light industrial, limited commercial and office uses in an urban setting. The Plan recommended a Future Land Use Map (FLUM) amendment and rezoning for the subject property from Redevelopment Area #2 (RDA -2) to Commerce (CMR) and from Single- Family Residential (R -1 -A) to Light Industrial (LI), respectively. The recommended FLUM amendment and rezoning were also approved by the City Commission on January 6, 2004. Several LDR text amendments, which were recommended in the Redevelopment Plan, were initiated immediately following approval of the Plan and adopted by the City Commission on February 3, 2004, These text amendments created the "Wallace Drive Overlay District' within the area east of Wallace Drive. Within the overlay area, the development standards of the Light Industrial zoning district were modified to reduce the minimum development area, lot size, lot dimensions and tenant space requirements. Although aggregation of parcels is encouraged in the Plan, this accommodation was necessary to allow redevelopment of smaller parcels. The modified development standards are the same as those in the MIC zoning district. The overall effect of these modifications is to provide front and side building setback along the major roadways consistent with the adjacent MIC zoning district, but restrict the more intensive uses allowed in that district. At its meeting of June 23, 2004, the Site Plan Review and Appearance Board ( SPRAB) approved a Class V site plan and landscape plan associated with the construction of an 18,248 square foot industrial building for "House of Floors" and postponed the architectural elevations. The architectural elevations were later approved by SPRAB at its meeting of November 10, 2004. Four (4) Class V site plan extensions have since been granted by SPRAB for the project. The current extension will expire on December 14, 2013. It is noted that this project approval does not include the south 91 feet of the subject property, which has since been added to the site. The current proposal for development of the property is to abandon the "House of Floors" project and develop a neighborhood shopping center at this location. The small -scale comprehensive plan amendment and rezoning, currently before the Board, are necessary to accommodate the proposed use. Planning & Zoning Board Staff Report — March 19, 2012 10 & 10 Center — Small -Scale Comprehensive Plan Amendment and Rezoning Page 2 It is also noted that the proposed Future Land Use Map and zoning changes are not consistent with recommendations in the adopted Wallace Drive Redevelopment Plan. To address these conflicts, the applicant is seeking a concurrent amendment to the Redevelopment Plan. The intent is not to incorporate the modifications directly into the existing sections of the Plan, since this would give the impression that the changes were always a part of the original Plan and would result in a loss of historic perspective. Instead, the proposal is to add a new "2012 Modifications" section to the Plan that will include updated recommendations for amendments to the Future Land Use Map, Zoning Map and Land Development Regulations, as well as a description of changes in conditions that make these modifications necessary. To maintain continuity, this new Section will be referenced in the existing "Executive Summary" and "Implementation" Sections of the Plan. Current Land Use Designation: The current Future Land Use Map designation for the property is CMR (Commerce). Requested Land Use Designation: The requested Future Land Use Designation is to TRN (Transitional). The Future Land Use Map amendment is being processed concurrently with an associated Comprehensive Plan text amendment to modify the description of the Transitional Future Land Use Map designation to limit development of the site to nonresidential uses with a maximum FAR of 0.25. This is to reduce the maximum potential traffic impacts of a 100% retail development to a level less than or equal to that which could be realized by a mixed office /retail development under the Commerce FLUM designation at a maximum FAR of 0.60. A maximum Floor Area Ratio of 1.0 is currently permitted for nonresidential uses in the Transitional designation. REQUIRED FINDINGS LAND DEVELOPMENT REGULATIONS CHAPTER 3 — PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. ❑ Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The proposed Future Land Use Map amendment is being processed as a small scale Comprehensive Plan amendment. Florida Statutes F.S. 163.3187 provides a small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; Planning & Zoning Board Staff Report — March 19, 2012 10 & 10 Center — Small -Scale Comprehensive Plan Amendment and Rezoning Page 3 (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site- specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section; (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). The Future Land Use Map Amendment is to change the existing CMR (Commerce) designation to TRN (Transitional). The Transitional FLUM designation, as defined in the Comprehensive Plan, "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." The proposed Future Land Use Map amendment and rezoning are to accommodate neighborhood commercial uses on currently vacant property. Since the proposed NC (Neighborhood Commercial) zoning district is consistent with the proposed TRN (Transitional) FLUM designation, and the subject property is less than the two acre maximum allowed within the TRN designation, a positive finding with respect to Future Land Use Map consistency can be made. ❑ Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Concurrency as defined pursuant to Objective B -2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs (including public schools), of the requested land use and /or development application, will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of needed capital improvements to maintain the Levels of Service Standards established in Table CI -GOP -1 of the adopted Comprehensive Plan of the City of Delray Beach. The proposed 1.49 acre 10th & 10th Center development site has a current Future Land Use designation of CMR (Commerce). The Future Land Use Map amendment is being processed to change the FLUM designation to TRN (Transitional) and a Comprehensive Plan Text Amendment is being processed concurrently to restrict development on the property to nonresidential uses at an intensity lower than the FAR of 1.0 currently allowed within the TRN designation. With the proposed text amendment, the maximum intensity for nonresidential uses within the "Wallace Drive Overlay District" will be set at an FAR of 0.25. This is also lower than the 0.60 FAR allowed within the current CMR designation for the subject property. The concurrency analysis assumes development of the entire property at the maximum intensity allowed under the amended description for the Transitional FLUM designation. The maximum development potential with the proposed text amendment is a neighborhood commercial retail use at a maximum FAR of 0.25. As shown on the following table, development under this FAR would result in a lower maximum nonresidential building area than in the current CMR designation. Planning & Zoning Board Staff Report — March 19, 2012 10 & le Center — Small -Scale Comprehensive Plan Amendment and Rezoning Page 4 However, it is important to note that while retail development is limited to a maximum of 25% of the total building area under the current CMR designation (MIC zoning), 100% of the building area may be retail under the TRN designation (NC zoning). A comparative analysis of the maximum development potential of the property has been provided below. Table 1: Maximum Development Potential 10th and 10th Center ::,, _ +,r..Firi't (ir „'iN1 l 11 r ?iirl-tiN'.'GlijN t� i, j,., s,ii:..,,1; >I..1,;;ar. , iiiilifi{1 }li�'�!lst!I.Ni, bllil� �ilii,t 1 -.�j{, s t. , {+ !:r:.::,';!•,::. '' ,•' ?PROF►OS {! i�l ��I' ?t`I ;'j3.+ ?.,u`(1{`iid�il�l•f `I�t u. it ?Il;i.il ,i�tk��jrrArh,�,,li,j I.':17 i.1 uqj ,,i , • r s la:r 1, ' ' � 101"W"', fl S AWA qt' ,1.5•tr:t , till, ! I +� r'' ?fl'! " I iii +i:. { � �i'.'1 {;l' ?:F,et+. 'iii n , ,, rc,...:rw.n n 1 , ! •.L'FIIr ! ,1r {1' M�j��imurri t ,[14 pev Q.prt�e} •i,� -.,I;� • �.�3 1, ti lltii.7P,fti Ifit >! ?„ _ ?tib•.1:1 I�'s:,,iliilnigt i14501 t I 1 E !" ,?... .. .. [!till "si `: � ( °I'Illr;'f..{ ; . t :, :: ?!; 21G �!' ial?: i<:, ;17r1'': ;,1'6? tp wo,"',, Pl'.? f+ ;? .:f�: • . 'ii •NC Zopin : Mixed Office /Retail (MIC Zoning) Neighborhood Commercial CMR (FAR 0.60) TRN (FAR 0.25 with text amendment) (1.49 acres) 29,207 Sq. Ft. Office (75 %) (1.49 acres) 16,220 Sq. Ft. Retail (100 %) General Commercial (25 %) 9,736 Sq. Ft. Retail (25 %) 1,494 10 Traffic: An analysis of the traffic impacts associated with the maximum development potential of both the existing and proposed Future Land Use Map designations was conducted. As shown in the table below, the total traffic and both AM and PM peak hour traffic generated by the proposed neighborhood commercial center at the reduced FAR of 0.25, would be less than that generated by a mixed officelretail development at the higher 0.60 FAR permitted with MIC zoning in the Commerce Future Land Use Map designation. Since the proposed Future Land Use Map designation will represent a net reduction in maximum potential traffic volumes, a positive finding with respect to traffic concurrency can be made. Table 2: Trip Generation Comparison - Maximum Intensity 10th and 10t" Center (i � :i'tj,l i,tjii?( ii� (II3ii'1 {II ?lilLiandLl$e ! i,;,. ; .; IrrteFslty Ja QTrlp - ITotal.:,llrf Ir,Pj04 „ 1 411, liull Existing Future Land Use 10.60 FAR) General Commercial (25 %) 9,732 1,494 10 6 4 134 64 70 Office (75 %) 29,195 517 70 62 a 76 13 63 Existing FLU Trips 2,011 60 68 12 210 77 133 Pass -by Traffic General Commercial 62% 926 6 4 2 83 40 43 Office 10% 52 7 6 1 8 1 6 Less Total Pass -by Traffic Subtotal (978) (13) (10) (3) (91) (41) (49) Existing FLU External Trips 1,033 67 58 9 119 36 84 Proposed Future Land Use (0.25 FAR) 16,220 2,082 16 10 6 188 90 98 General Commercial (100 %) Less Pass-by Traffic 57.27% 1,192 (9) (6) (3) (108) (52) (56) Pro osed FLU External Trlpsl 1 8901 71 41 3 1 80 38 42 Net New External Trips (Proposed - Existing (143) (60) (54) (6) 39 2 42 Note: Trip generation was calculated using the following data: Daily trip rates and pass -by percentages taken from Article 13 of Palm Beach County ULDC Peak Hour trip rates taken from ITE Trip Generation Manual, 8th Edition. Planning & Zoning Board Staff Report — March 19, 2012 10 & I CP Center — Small -Scale Comprehensive Plan Amendment and Rezoning Page 5 Water & Sewer: Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. The geographic service area coincides with the Planning Area plus service provided to the Town of Gulf Stream through contract as a bulk customer. The service area encompasses approximately 18 square miles. The treatment plant, with a capacity of 28 million gallons per day, was constructed in 1972 and has a programmed life of 50 years (2022). The water supply is provided from 30 active wells in four wellfields, yielding a total design capacity of 37.2 mgd. The City's 20- Year Water Supply Facilities Work Plan indicates that water supply facilities are planned and will be available to meet the future growth and water demands of the City of Delray Beach through the year 2030. The City's Utilities Department has indicated that adequate capacity exists to service the subject property at its maximum development potential with the FLUM Amendment and associated text amendment, which limits the maximum nonresidential FAR to 0.25. Wastewater from the City is treated at the South County Regional Wastewater Treatment Plant (SCRWWTP), which is managed by the South Central Regional Wastewater Treatment and Disposal Board, established in 1974 through an agreement between the cities of Delray Beach and Boynton Beach. The design capacity of the treatment plant, established by its secondary treatment capacity, is 24 mgd. This capacity is shared equally between Boynton Beach and Delray Beach. The current plant has adequate capacity to service the City's projected population beyond the year 2025. The City's Utilities Department has indicated that adequate wastewater treatment capacity exists to service the subject property at its maximum development potential with the FLUM amendment and associated text amendment, which limits the maximum nonresidential FAR to 0.25. Since adequate capacity is available in the City's water and wastewater systems to meet the increased demand, the proposed FLUM amendment will not impact the level of service standard for these facilities. Drainage: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City- wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley -Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E -1 states: "A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee." Drainage is reviewed during the site plan application process for individual projects. Within this area of the City, drainage is usually accommodated on site via exfiltration trench systems or swale retention areas. There are no problems anticipated with obtaining South Florida Water Management District permits within the area and any additional impacts caused by increased impervious area will not affect the level of service standard. Parks & Recreation Since there is no residential development potential on this site with the proposed FLUM Amendment and associated text amendment which limits development to nonresidential uses at an FAR to 0.25, this level of service standard is not affected. Planning & Zoning Board Staff Report — March 19, 2012 10 & 10 Center — Small -Scale Comprehensive Plan Amendment and Rezoning Page 6 Education (School Concurrency): Since there is no residential development potential on this site with the proposed FLUM Amendment and associated text amendment which limits development to nonresidential uses at an FAR to 0.25, this level of service standard is not affected. Solid Waste: As shown on the following table, with the proposed amendment, the development of the property would result in a net decrease of 46 tons per year in solid waste generation. In its annual capacity letter, dated January 6, 2012, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J -5- 005(4)." Based on population projections, waste generation rate projections, waste reduction, and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2047. Table 3: Solid Waste Generation 10th & 100' Center kl +; l Ef a liS) t i iliiltrf %i 'i iv I Ertl tr I. i 11UI.7, I {j!ilf 11.# t ii f 7s1; i Ili! Illilii.i;iltlillNil. 1..,, i 1 #. "I + p r r I Ilp j itttll i !7 , YIIpbt li!' . # I,lillsi c ” 1 I „l, ! 1 ;, 'm , r .: 1 I )- , :• ti {I)) t1( I,�I.l�I!;pr$Ro e� a 11E5 ii fi#' bl�D m'e{i ;) r,i1;t 1 /l�l , I If ( ��►� 1��41m411i #i 1, 1. '. ''' 1 I # + f ,, i .11!111 : "•/ lr:l?.ilrJ. irlitl I ( #II ! 1! i #i•, iilll : it rl }Il•t.1'.k(I r" �,a,,all I.13 .r„ t •1 �. .1 :1, ,.. ,.1i.1 t 'I�# 3Jil. ! t! 11 f i, , I. , . i. •� l� : iI lI I, , ;(1 1 r.1 11,E i, ��,., )1 , lflil, 1 I , V .. tir . '! i. 11i: � I Lr.) iii t II: IG 1 r ,I 29,207 SF Office @ 5.4 Ibs /sf = 78.9 tons /year 16,220 SF Retail @10.2 Ibs /sf = 82.7 tons /year 9,736 SF Retail @ 10.2 Ibs/sf = 49.7 tons/ ear Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. ❑ Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted_ Future Land Use Element 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 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. Planning & Zoning Board Staff Report — March 19, 2012 10 & 10 Center — Small -Scale Comprehensive Plan Amendment and Rezoning Page 7 The applicant submitted a detailed justification statement and demonstration of need for the proposed FLUM amendment. The complete statement is attached to this staff report. Excerpts from the statement have been included in the discussion below. The applicant's justification for the FLUM amendment is based on three major arguments: 1. Change in industrial market conditions since adoption of the Wallace Drive Redevelopment Plan in 2004. The applicant states, "Shortly after the adoption of the Plan in 2004, significant changes occurred in market conditions, which have undermined the potential for the redevelopment of the area east of Wallace Drive /SW 10th Avenue for light industrial uses. The result of the economic downturn has diminished the potential to attract tenants and has made it difficult to obtain financing for redevelopment of light industrial projects. Approved light industrial projects have required numerous site plan extensions over the 8 year period since the adoption of the Redevelopment Plan, leaving properties in this area vacant. Other light industrial development, while built, has been difficult to lease, leaving empty building spaces. The long- lasting negative market conditions has resulted in a necessity to modify the Redevelopment Plan to allow "reasonable transformation" of the area "for the benefit of residents that live in close proximity to the redevelopment area, " as expressed in the adopted Redevelopment Plan." In evaluating applicant's justification, staff considered the following relevant Comprehensive Plan Objective and Policy: Future Land Use Element Obiective A -1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. Since there are no significant environmental characteristics to the subject property, the appropriateness of the requested Transitional FL UM designation to support a neighborhood commercial center at this location is not an issue as it relates to the site's physical considerations. Staff also concedes that a neighborhood commercial center at this location might encourage affordable goods and services, especially if the applicant's proposal for a Dollar type store is realized. Staff also concurs that a neighborhood commercial center would be complementary and compatible with adjacent land uses. This is not the problem. The problem is that it does not fulfill remaining land use needs, as required by Policy A -1.3 below. Future Land Use Element Policy A -1.3 The Commerce land use designation, which involves a mix of light industrial, commercial uses, and research and development, is the most needed land use during the City's final stage of build -out. Thus, changes to the Future Land Use Map, which diminish this land use, are discouraged. Staff agrees that there have been changes in industrial market conditions since 2004 and that this is the result of the current economic downturn. However, the downturn affected much more than just industrial property. Vacant foreclosed residential units can be found throughout the City and vacant commercial space can be found in most shopping centers. Staff does not agree that the current economic conditions represent a necessity to change long -range future land use provisions for the City. There was no timeline associated with the redevelopment effort given in the Redevelopment Plan. The plan gives private property owners and developers a clear understanding of what could be developed in the area. Since public intervention was not anticipated in the redevelopment effort, the private sector was expected to be the driving force behind the revitalization of the Redevelopment Area. This is a long -term process. Redevelopment Plannim & Zoning Board Staff Report —March 19, 2012 10 & 10 Center — Smail -Scale Comprehensive Plan Amendment and Rezoning Page 8 will not occur until opportunities arise on individual properties and market conditions support that opportunity. The City's has a total of 374 acres of land within the Industrial Land Use categories of IND (Industrial) and CMR (Commerce). This represent only 3.7% of the City's developable land area. The applicant's justification statement included data that the City of Boca Raton reduced its light industrial land use by 25% between 1989 and 2005. It is significant to note that Boca Raton's 2005 figure of 6.45% is still 75% higher than the City's 3.7% figure. It is also important to note that the City reduced the amount of industrial land use in 2006 with creation of the MROC zoning district along the Congress Avenue corridor. This new zoning district, which eliminated industrial zoning in favor of a mixed residential, office and commercial zoning, implemented recommendations in the adopted Florida Public Officials Design Institute's report to establish a corridor overlay district to encourage mixed use development with commercial or office on the ground floor and residential above utilizing new urbanism design elements. This long -term goal has also been impacted by the economic downturn. Further reduction of the City's industrial base is unwarranted at this time and should be discouraged. The current Future Land Use Map designation of Commerce, along with the existing Light Industrial zoning is flexible enough to allow considerable development opportunities for the subject property as the economy improves. The allowed principal uses include "research and development "; "Wholesaling, Storage and Distribution "; "Manufacturing and Assembly "; "Office "; and "Repair". It also allows limited retail for items processed on the premises. This Policy is also supported by the Palm Beach County Light Industrial Land Use Study "Whitepaper" and "Land Use Toolkit ", prepared by Swiger Consulting in December 2007, which recommends the retention of Industrial properties. The first excerpt below is from page 1 of the Toolkit: "Light Industrial and High Technology Manufacturing are essential components of Palm Beach County's economic growth strategy and serve as an important means to strengthen and diversify the County's economy. The White Paper that accompanies this Toolkit makes the point that the preservation and appropriate use of industrial land is a critical aspect of the County's ability to provide growth opportunities for business, especially those that offer family sustaining jobs on the goods producing sector of the economy. The White Paper argues that preserving and using industrial land means that. • good paying jobs are kept in the community • the tax base is strengthened • businesses are generating tax revenues to support community services • transportation issues are ameliorated as workers commute locally." ... and this excerpt is from page 13 of the Toolkit "Local governments across Palm Beach County are experiencing a loss of industrial land to other uses. Competition for land for residential, commercial and office uses creates significant economic pressures that lead to the conversion of industrial land to those uses that yield a greater immediate return, thus depriving the community of good paying jobs, increasing service costs to the community, especially in the case of residential development, and increasing transportation problems as more workers have to commute longer distances to work. Detailed and precise statistics are not available, but planners, real estate brokers, developers, and business owners and managers across Palm Beach County have all noticed a loss of industrial land, and attribute part of the loss to rezoning. PlannN & Zoning Board Staff Report — March 19, 2012 10 & 10 Center — Small -Scale Comprehensive Plan Amendment and Rezoning Page 9 Such rezoning is a decision that is largely irreversible and the negative effects can be felt throughout the community. Communities and regions that are successful in balancing industrial land uses with other uses typically have an organized and systematic process in place for dealing with rezoning or conversion of use." As show above, the report recognizes the pressures on local government to convert industrial land to other uses due to market forces. The report recommends that local governments enact comprehensive plan policies to deal with these pressures, including the following from page 5, which is essentially the same as Policy A -1.3: To retain Light Industrial land uses to the extent possible • To keep Light Industrial firms and land uses and to implement responsible land use policies that result in "no net loss of industrial land" The applicant also provided data to support the claim that the population projections do not support the need for additional Industrial Development in the City. While the 2010 Census figure showed a population reduction compared to the University of Florida Bureau of Economic and Business Research (BEBR) estimates, the 2010 Census were partially impacted by the large number of vacant housing units caused by the economic downturn with the mortgage industry meltdown, unprecedented number of foreclosures and people leaving the area. The 2010 Census indicated a housing vacancy rate of 20.4% compared to 15.5% in 2000. If the 2000 vacancy rate were applied to the 2010 housing units, an additional 1,669 units would be occupied. Utilizing the 2010 persons per household figure of 2.2 persons per unit would equate to an additional 3,672 persons if the additional vacancies were filled. Adding this figure to the 2010 Census population of 60,522 would have resulted in a 2010 population of 64,194, which is much closer to the 2010 projection of 65,781 in the Comprehensive Plan in 2007. Again, the economy will ultimately improve and these vacancies will be filled. The City's residential market is already beginning to improve and several large multi- family development projects have recently been approved or are under construction, including the Housing Authority's Village Square project north of SW 10°i Street, Alta Congress and Franklin at Delray Beach. 2. There has been an increase in residential development since adoption of the Wallace Drive Redevelopment Plan in 2004. The applicant states, "While the potential to redevelop the subject property for light industrial uses has diminished since 2004, the demand for neighborhood retail and services uses has increased as a result of newly approved residential development in the immediate vicinity. Residential multifamily and single family homes have existed east, west and north of the Wallace Drive subject area even prior to the Redevelopment Plan's adoption in 2004, Since then, more than 445 additional residential multifamily units have been approved and some of the units have already been built within the area as a result of the recent approvals of the Village of Delray Beach and Housing Authority Village Square residential developments, The Redevelopment Plan does not currently allow the types of neighborhood commercial retail and services uses necessary to meet the commercial retail and service needs of the nearby residents, With little options for local shopping, these residents are required to travel out of their area to access everyday goods and services." While more than 445 additional residential multifamily units have been approved and some of the units built within the area north of SW 10�' Street, it is noted that this area was zoned for multiple family development prior to adoption of the Wallace Drive Redevelopment Plan in 2004. In terms of long -range planning, the construction of these anticipated units does not really represent a change in circumstances. Planning & Zoning Board Staff Report — March 19, 2012 10 & 10 Center — Small -Scale Comprehensive Plan Amendment and Rezoning Page 10 It terms of the availability of needed commercial development to meet the commercial retail and service needs of the residents of the new residential projects to the north, it is noted that the subject property is located 0.45 miles from the Villages at Delray/Village Square developments. Walking to a new neighborhood commercial center at this location might not be practical for anything other than basic convenience items. Convenience shopping needs of these residents is currently being met by two convenience stores -- the ABC Mini Mart, located at the southwest corner of SW 10th Street and SW 101h Avenue and the Valero gas station /convenience store, located in the Sherwood Park Plaza at the southeast corner of SW 10th Street and Congress Avenue. Sherwood Park Plaza, which is the closest neighborhood service /retail shopping center, is the same distance away as the subject property. At one time, this center even had a Dollar General Store, but it has since been closed. Over 7,000 square feet of space is currently vacant at this center. Major shopping /services are available on Linton Boulevard at Linton Square Plaza, 0.9 miles away, Linton Center, 1.2 miles away, and The Plaza at Delray, 1.8 miles away. Finally, downtown Delray Beach, with a wide range of specialty shops, is 1.7 miles away. 3. 2012 Modification to the Redevelopment Plan necessitates the FLUM amendment. The applicant states, "In response to these changes in conditions, the City Commission of the City of Delray Beach has found it necessary and prudent to update and modify the Redevelopment Plan to allow neighborhood commercial uses on the subject property to meet the commercial retail and service needs of nearby residents, necessitating the Future Land Use Map and Future Land Use Element Text Amendments." The relevant Comprehensive Plan Policy is stated below: Future Land Use Element Policy C -1.8 The following pertains to redevelopment of the Wallace Drive Industrial Area: This area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. The Wallace Drive industrial Area Redevelopment Plan was adopted by City Commission on January 6, 2004. The Plan establishes proposed land use designations for the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. The Redevelopment Plan encourages the development of light industrial, limited commercial and office uses in an urban setting. Aggregation of parcels is encouraged throughout the area to accommodate unified development. The proposed amendment to the Redevelopment Plan is necessary to allow development of a neighborhood commercial center on the subject property. Applications for the proposed FLUM amendment, rezoning and modification of the Redevelopment Plan are being processed concurrently. Consistency with policy C -1.8 is a problem, since staff's analysis indicates that the proposed changes on the subject property are not justified. The stated reasons for amending the redevelopment plan are the same as those for amending the FLUM designation and zoning (i.e. changes in conditions listed in items 1 and 2 above). Therefore, this item does not provide a separate or independent reason to approve the change in FLUM designation. The City Commission has not yet found the modification to be "necessary" or "prudent ", as stated above. Until it does so, this is not acceptable justification for the proposed FLUM amendment. Based on the above analysis of the applicants justification based on "Demonstrated Need ", staff does not agree that the changed conditions warrant the proposed Future Land Use Map changes. Therefore a positive finding for this item cannot be made. Planning & Zoning Board Staff Report — March 19, 2012 10 & 10 Center -- Small -Scale Comprehensive Plan Amendment and Rezoning Page 11 Compatibility: The requested designation will be compatible with the existing and future land uses of the surrounding area. As demonstrated in the "Rezoning Analysis" section, under findings for Section 3.2.2 (Standards for Rezoning Actions), the requested NC (Neighborhood Commercial) zoning and TRN (Transitional) FLUM designation will be compatible with existing and future land uses of the surrounding area and a positive finding with respect to compatibility can be made. ❑ Compliance with LDRs: Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. At this time, a site plan for physical improvements has not been submitted. It is noted, however, that the applicant is requesting a text amendment to the Land Development Regulations to modify the Development Standards of the NC zoning district within the Wallace Drive Overlay District. This text amendment will reduce the required setbacks for the subject property. In any event, development of the property will have to comply with whatever standards are in place at the time of Site Plan Review. Since compliance with the LDRs will be required through the Site Plan Review process, a positive finding with respect to this item can be made. COMPREHENSIVE PLAN TEXT AMENDMENT: The Future Land Use Element has the following description of the Transitional Future Land Use designation. The underlined language will be added to ensure that residential development is not permitted within the subject area and that traffic concurrency can be met at maximum buildout. TRANSITIONAL LAND USES: This designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses, except when applied to property within the Wallace Drive Overlay District, in which case this designation will be limited to only 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. Areas with this designation, located within a workforce housing overlay district, may exceed 12 units per acre up to a maximum of 24 units per acre within the Carver Estates Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Nonresidential development at an intensity equivalent to that associated with medium density residential land uses is also appropriate at a maximum FAR of 1.0, except when applied to property within the Wallace Drive Overlay District, where it is limited to a maximum FAR of 0.25. This text amendment is another component of the applicant's proposal which is necessary to ultimately permit a neighborhood commercial center on the subject property. The text amendment, which is required to achieve traffic concurrency, reduces the maximum development potential of the site within the Transitional Future Land Use designation by 75 %. If the FLUM amendment and rezoning are supported by the Planning and Zoning Board, then this item should also be supported. Planning & Zoning Board Staff Report — March 19, 2012 10 & 10 Center Small-Scale Comprehensive Plan Amendment and Rezoning Page 12 Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.2 (Standards for Rezoning Actions): (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map, Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. (B) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95 (C) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design, (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 property mitigate adverse impacts from the new use. (E) Remaining, isolated infill lots within the coastal planning area shall be developed under zoning which is identical or similar to the zoning of adjacent properties,- and, the resulting development shall be of a design and intensity which is similar to the adjacent development. Standards uK, "B", "C", and "E" are not applicable with respect to this rezoning request. Standard "D" requires that the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Existing land uses Subject Property — Undeveloped (Zoning District: LI; PLUM-. CMR) North — Residential & Open Space/Cemetery (Zoning District: R-1-A & OSR; PLUM: LD & OS) South — Open Space/Drainage Area (Zoning District: LI; FLUM: CMR) East — Church & Undeveloped (Zoning District: CF & LI; PLUM: CF & CMR) West — Commercial/Industrial (Zoning District: MIC; FLUM: CMR) Proposed land use Subject Property — Neighborhood Commercial (Zoning District: NC; FLUM: TRN) North — Residential & Open Space/Cemetery (Zoning District: R-1-A & OSR; PLUM: LD & OS) South — Open Space/Drainage Area (Zoning District: LI; FLUM: CMR) East — Church & Undeveloped (Zoning District: CF & LI; PLUM: CF & CMR) West — Commercial /industrial (Zoning District: MIC; FLUM: CMR) No changes are currently proposed for any of the adjacent properties. The subject property is bordered on the north, across SW 'loth Street, by single-family homes and the City's cemetery. Immediately to the south is a dry retention area owned by the City of Delray Beach. Across SW 10th Planning & Zoning Board Staff Report —March 19, 2012 10 & 10 Center — Small -Scale Comprehensive Plan Amendment and Rezoning Page 13 Avenue to the west is a convenience store and industrial uses. Across SW 9th Avenue to the east is the Calvary Bible Alliance Church. The rezoning from light industrial to neighborhood commercial will not result in an incompatible land use with respect to the surrounding area. Thus, the proposed rezoning can be found to be in compliance with LDR Section 3.2.2 (D). Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D)(5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and /or neighborhood. The applicant has submitted the following justification statement based on items (b) and (c) above: "This request has been submitted as a result of changes in circumstances and conditions necessitating amendments to the text of the Comprehensive Plan and a change to the City's Future Land Use Map. The reasons are further detailed as follows: 1. Change in circumstances: The potential to redevelop the subject area for light industrial uses has diminished since the zoning of the property to Ll in 2004. The demand for neighborhood retail and services uses has increased as a result of newly approved residential development in the immediate vicinity. Residential multifamily and single family homes have existed east, west and north of the Wallace Drive subject area prior to 2004, when the zoning for the subject property was changed from residential to light industrial to implement the 2004 Wallace Drive Redevelopment Plan. Since then, more than 445 additional residential multifamily units have been approved and some of the units have already been built within the area as a result of the recent approvals of the Village of Delray Beach and Housing Authority Village Square residential developments. 2. Zoning is of similar intensity as allowed and the FLU Map designation and is a more appropriate category: The rezoning is consistent with the proposed modification to the Wallace Drive Redevelopment to allow neighborhood commercial uses on the subject property. Amendments to the Future Land Use Map (FLUM) to change the Future Land Use Designation of the subject property from (CMR) Commerce to (TRN) Transitional Future Land Use Designation and text amendments to the Transitional Future Land Use Designation in the Future Land Use Element have also been filed for concurrent review with this rezoning application. This request is a more appropriate category given the Land Use Plan and Map changes." The applicant's justifications to support the stated reasons for the rezoning are the same as those used to show `Demonstrated Need" for the Future Land Use Map amendment. Based PiannI & Zoning Board Staff Report — March 19, 2012 10 & 10 Center — Small -Scale Comprehensive Plan Amendment and Rezoning Page 14 upon staff's analysis of that justification statement within the "Future Land Use Map Amendment Analysis" section of this report, a rezoning based on change in circumstances cannot be supported and a positive finding with respect to LDR Section 2.4,5(D)(5) cannot be made. ,.i. n•, 1.1 i i rkl'l, t � _ '13c ._. r ) C '9, • ° I '` 1 ; •,t l . I. +.t.:.., :jk ;•i .,.;i. - , .: ': ,..�•' �•'.; . `i l� 1 R EI V 1:, W TrH Ci Q i= ' {'::l`.I < •r`r'' i',` +It I 1 The proposed rezoning is not in a geographic area requiring review by either the Downtown Development Authority (DDA), or the Community Redevelopment Agency (CRA). Courtesy Notices: A special courtesy notice was provided to the following homeowners and civic associations: • Neighborhood Advisory Council • Delray Citizens' Coalition) • Delray Beach Heights • Southridge • Groves of Delray 1PARC Notice: On February 27, 2012, notice of the Comprehensive Plan Amendment was provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections have been received to date. Public Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and /or support, if any, will be presented at the Planning and Zoning Board meeting. Based on staff's analysis, the changed conditions are not sufficient to warrant approval of the proposed FLUM modification, which will reduce the amount of land in the Commerce FLUM designation. This reduction is in direct conflict with Future Land Use Element Policy A -1.3, which says that such reductions should be discouraged. Positive findings cannot be made with respect to LDR Section 3.1.1 (Required Findings), or LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, the FLUM amendment from CMR to TRN and the rezoning of the subject property from LI to NC, cannot be recommended for approval. ;'�!,,,,ai;: '•!' l..a r.i -.,,: .,; ,:�;,I„ -., '! •pl !r., ,,'':' +it�'Itt" °.i!�Ic,atl. yy.,,, ,:y: ;_t.i ,k: i °i.i.r, 3 ;`I. - •i' :r ly I•.,li�.u, ! I, '�t.., r ''•1'i.h�lki!' :I' Ilti l' - - �,t .,i_,.. .: • is ' t. � il::' i t "'i I > � si ..,c . ;1..:ii', :k : I I,L-i'• t :. ,:1J:,• i . =i,.: t' • E.: , t u � r r ; ct : rpt,7!i,' ,.t :1 ,�'I . ,• I ! t ,�i� :sir; b. � Ll.. :fc !1..::.j`i, t,; :: I .I: , i. � ,� ':(� :AiI11, .,`ip, .+ 1• -��- �aP,l ,'4�,1�- '�'!• „LJ,�:.�`�i = .,l'•i„ i'..�tt i.� ;, grls�iS,`i is r,r ,iyla rf,�eo,lill'I ,'i tr :.talk'; sd's'i:. 'u .I':l!•i- � ii•��,..l. I;S ?i: ),.a.`���`,t!'�I .;�,, ..i,�..: :,.!'�- :d. �, f t,, ;.k �4 i :ll !iarau. .,, a1,. .'In 1 : k, c •,t., a , t .6�1,. . 1 n. :t A. Continue with direction B. Move a recommendation of approval to the City Commission for the request for the small -scale Comprehensive Plan amendment, including a Future Land Use Map amendment from CMR (Commerce) to TRN (Transitional) and an associated text amendment, and rezoning from LI (Light Industrial) to NC (Neighborhood Commercial) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the request for the small -scale Comprehensive Plan amendment, including a Future Land Use Map amendment from CMR (Commerce) to TRN (Transitional) and an associated text amendment, and rezoning from LI Planning & Zoning Board Staff Report — March 19, 2012 10 & 10 Center — Small -Scale Comprehensive Plan Amendment and Rezoning Page 15 (Light Industrial) to NC (Neighborhood Commercial) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(D)(5) and 3.1.1 of the Land Development Regulations. .'_ FS f; ,III I'. 1. -':�I °i!.i I'�.. tl,' „i'I; (!4�`•s;ij3d. "(;'; I!I }1' i:jfl'l l� '1.1 1,i 1 i ":!a ;. �I ,..• .i.1f,...1.1r.., L. G O,M,M E N QIA T I:io;N Staff recommends that the Planning and Zoning Board move to recommend denial to the City Commission for the request for the small -scale Comprehensive Plan amendment, including a Future Land Use Map amendment from CMR (Commerce) to TRN (Transitional) and an associated text amendment, and rezoning from LI (Light Industrial) to NC (Neighborhood Commercial) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(D)(5) and 3.1.1 of the Land Development Regulations. (Motion to be stated in the affirmative) Attachments: • Location Map • Applicants submittal letter and justification statement • Existing and Proposed Zoning Maps • Existing and Proposed Future Land Use Maps S.W_ 7TH ST. o- v� vi v� 3 vi g, W. 8TH co S.W. STII a > Q S. W. 9TH ST. S. N p W. 9TH CT. 3 vii 3 3 3 V) vi vi vi -1 m S.W. w z a J ORGIA w D z a 3 vi w -- D /Cl7AL 845E AW SMMAI -- M/+P REF: S: \Planning do Zoning \DBMS \Fle — Gab \Z —LM 1001- 1500 \LM1315 10th do 10th Center SUB.RCT 10TH AND 10TH CENTER PLANNING AND ZONING PROPERTY LOCATION MAP DEPARTMENT -- D /Cl7AL 845E AW SMMAI -- M/+P REF: S: \Planning do Zoning \DBMS \Fle — Gab \Z —LM 1001- 1500 \LM1315 10th do 10th Center SIEGEL, LIPMAN, DUNAY, SHEPAKD & MISKEL, LLP GARY 5. DUNAY THE PLAZA • Sur7E 801 (3 G I l 368-7700 KENNETH W. LIPMAN 535.: TOWN CENTER ROAD FAX; iSSI) 366 -9274 BONNIE M15KEL JONATHAN L. SHEPARD CARL e. SIEGEL SCOTT SACKMAN LINDA B. LYMAN Mr. Paul Darling, DlrecLUr Planning & 'Zoning Department City of Delray Beach 100 N.W. Ist Avenue Delray Beaclh, FL 33444 BOCA RATON, 1 LORIDA 33486 WWW.5LD5M1LAW.COM I�J �,C; ,,.•r •t� �a 't,., .rte I(�y ' , (I cbruary 3, 2012 FEB 0 3 Li11L PLANNING & ZONiNG, RE: West Corner Venture LLC - Approximately 1.5 acre, /Southeast Comer of Wallace Drivc /SW I Oth Avenue and SW 10th Street • Modification to Lite 2004 Wallace Drivc Redevelopment Plan • Application for Small Scale Future Land Use Map Amendment and Future Land Use Element Text Amendments • Application For Rezoning '} • . Amendments to the Land Devclopincnt Regulations Dear \qr. Darling, On bchWof West Corner Venture LLC, a property owner within the Redevelopment Plan area. %vc are pleased to submit the followin^ amendments for consideration by the City of Delray Beach for approximately 1.9 acres located on the soutllcast corner or Wadlacc Drive 1SW I Oth Avenue and SW 10th Street. as further described below: 1. Proposed Modificution to the 2004 Wallace Drive Redevelopment Plan. Il. Application for Small Settle Comprehensive Pfun Amendment amending (lie f=uture Land Use Map from (CMR) Commerce Future Land Use Designation to (TRN) Transitional f=uture Land Use Designation and amending the text of the Future Land Use Element regarding the description of the Transitional Future Land Use Designation to allow non - residential uses on property hvitb a TRN designation in the Wallace Drivc Redevelopment Area and to limit the FAR (or Ikon- residential uses on the property to 0.6 FAR. III. Application I'or Rezoning From (LI) Light Industrial to (NC) Neighborhood Commercial. IV, Application 1'or Proposed Text Amcrldmen►s to the City's Land Development Regulations (LDR) Chapter 4 - Zoning Regulations unending: a) Selaion 4.4.1 1 (G)(1) to create new Supplemental District Regulations in the (NC) Neighborhood Commercial zoning district to limit the FAR ofthe non - residential uses zoned NC in the Wallace: Drivc Ovcrlay District to O.G. b) Section 4, 3.4 (K) Development Standards Matrix - Nonresidential Zoning Districts - Neighborhood Conunerciul - to provide for certain development standards for property zoned NC in the Wallace Drivc Ovcrlay District. As I am sarc you arc awarc, Mr, Jim Zengage, owner of West Corner Venture L.l-C, has worked with the City on a number of redevelopment projects over the years. In an cfl'on to lit, 11) spark the redevelopment of the area east of Wallace Drive /SW 10 Avcuuc. south of SW 1(l Su•ect, k1r. Zengave acquired property in this area that had received site plan approval for a urarchousc and showroom building consistent with the light industrial uses envisioned within the 2004 Redevelopment Plan. Shortly after the adoption of the Redevelopment Plan and approved of this project, significant chances occurred in market conditions, which have undermined the potential for the redevelopment of the subject area for light industrial uses, The result of the economic downturn has diminished the potential to torten tenants and has made it difficult to obtain financing for redevelopment of light industrial projects. Approved light industrial projects have required numerous site plan extensions over the S year period since the adoption of the Redevelopment Plan, leaving properties in this area vacant. Other light industrial development, while built, has been diffiicult to lease, leaving empty building spaces. Please see map attached as Exhibit A reflecting tine vacant and undeveloped properties within the Redevelopnncnt Plan area. The long- lasting negative market condition; has resulted in a necessity to modify the Redevelopment Plan to allow "reasonable transformutiou" of the area "for the benefit of residents that live in close proximity to the redevelopment area," its expressed in the adopted Redevelopment Plan. The underdeveloped and vacant parcels have dramatically impacted both rental rates and property values within the area. While the potential to redevelop the subject property for light industrial uses has diminished since 2004, the demand for nciohborhood retail and services uses has increased as a result ornewly approved residential development in the immediate vicinity. Residential multifamily and single family hotncs have existed east, west and north of the Wallace Drivc subject area even prior to the Redevelopment Plan's adoption in 2004, Since then, more than 445 additional residential multifamily units have keen approved and some of the units have already been built within the area, as a result of the rcoent approvals of the Village of -Dclra y Beach and Housing Authority Village Square residential developments. The Redevelopment Plan does not currently allow the types of neighborhood commercial retail and services uses necessary to meet the commercial retai I and service needs of the nearby residents. With limited options I'or local shopping, these residents are required to travel out of their area to access everyday goods and services. In consideration of the changes in conditions that have occumed since the 2004 adoption of the Redevelopment Plan, we respectfully request that the applications enclosed herein be approved by the City to allow reasonable transformation of tine subject property for the benefit of residents that live in close proximity to the Redevelopment Area and to make the area more marketable for business development. Please note that the subject property includes approximately 0.311 acre that is currently owned by the City. It is our intention to work with the City regarding the transfer of ownership of this property from ilia City to the applicant prior to final adoption of the Future Land Usc Amendment tall Rezoning for the entire 1.5 acres. Please call should you have any questions whatsoever regarding, tlx: enclosed items. Should you send any correspondence in this regard, please also include a copy of such correspondence to the email provided below for Mr. Zcn ,age, and to tuts. Ward, our prol'cssionnl planner. Thank you in advance 1'or your assistance. Sincerely yours, Ronnie Miskel Enclosures CC jMr. Jamcs Zcngage, West Comer Venture L.I..C. iim(nlsouthcmdcv.com Ms. Cecelitt Ward. AlCP,.1C Consulting Inc. cward(&.icconsultineinc.nct 8. A justification statement addressing Future Land Use Element, Policy A -1.7 of the Comprehensive Plan, which requires amendments to the Future Land Use Map be based upon the findings listed below. The justification statement 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 demographies 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 similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. Justification Statement and Demonstrations of Need: A. 2012 Modification to the Wallace Drive Redevelopment Plan The Wallace Drive Redevelopment Plan [Redevelopment Plan] was adopted by the City Commission on January 6, 2004, providing for a redevelopment plan for the area bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement, The intent of the Redevelopment Plan was to make a unique place that would "encourage the development of light industrial, commercial and offices uses in an urban setting and to replace the existing single family and blighted conditions over time, providing for recommendations intended to "work toward making the area more marketable for business development while protecting the surrounding uses of greater impacts," and identified changes needed to the City's Comprehensive Plan and Land.Development Regulations to implement the Redevelopment Plan. Following the adoption of the Redevelopment Plan, the City amended its Comprehensive Plan, specifically including Policy C.1.8 in the Future Land Use Element, which states that "Future development must be in accordance with the provisions of the Redevelopment Plan." Proposed FLUM /FLUE Small Scale Amendment- Responses to Applfcation Items #S and #9 - Revfsed 2.1.12 (1.5 acres) The City also amended the Future Land Use Map designating the subject property which lies east of Wallace Drive /SW 10th Avenue as Industrial /Commerce Future Land Use. The Industrial Future Land Use Designation has two classifications: Industrial and Commerce. The Commerce Future Land Use Designation applies to the subject area and allows a mix of industrial, service, and commercial uses. The City also rezoned that area east of Wallace Drive /SW 10th Avenue, from R -1 -A (single family residential) to Light Industrial, consistent with the Plan and the Commerce Future Land Use Designation. As stated in the Redevelopment Plan, the LI (Light Industrial) zoning district, east of Wallace Drive /SW 10th Avenue, is intended to serve as a buffer between the MIC district to the west and residential development to the east. As previously noted, the intent of the 2004 Redevelopment Plan was to provide a plan with supporting land development regulations that would make the area "more marketable" for development of light industrial, commercial and offices uses in an urban setting." The Plan also recognized the need for reasonable transformation to occur in that area east of Wallace Drive /SW 10th Avenue for the benefit of residents that live in close proximity to the redevelopment area, B. Change in Industrial Market Conditions Since2004 Plan Adoption Shortly after the adoption of the Plan in 2004, significant changes occurred in market conditions, which have undermined the potential for the redevelopment of the area east of Wallace.Drive /SW 10th Avenue for light industrial uses. The result of the economic downturn has diminished the potential. to attract tenants and has made it difficult to obtain financing for redevelopment of light industrial projects. Approved light industrial projects have required numerous site plan extensions over the 8 year period since the adoption of the Redevelopment Plan, leaving properties in this area vacant. Other light industrial development, while built, has been difficult to lease, leaving empty building spaces. The long- lasting negative market conditions has resulted in a necessity to modify the Redevelopment Plan to allow "reasonable transformation" of the area "for the benefit of residents that live in close proximity to the redevelopment area," as expressed in the adopted Redevelopment Plan. [See Supporting Data - subsection E.J C. Increase in Residential Development Since 2004 Plan Adoption While the potential to redevelop the subject property for light industrial uses has diminished since 2004, the demand for neighborhood retail and services uses has increased as a result of newly approved residential development in the immediate vicinity. Residential multifamily and single family homes have existed east, west and north of the Wallace Drive subject area even prior to the Redevelopment Plan's adoption 2 -p Proposed FLUM /FLUE Small Scale Amendment- Responses to Application Items #8 and #.9- Revised 2.1.12 (1.5 acres) in 2004. Since then, more than 445 additional residential multifamily units have been approved and some of the units have already been built within the area as a result of the recent approvals of the Village of Delray Beach and Housing Authority Village Square residential developments. The Redevelopment Plan does not currently allow the types of neighborhood commercial retail and services uses necessary to meet the commercial retail and service needs of the nearby residents. With little options for local shopping, these residents are required to travel out of their area to access everyday goods and services. D. 2012 Modification to the Redevelopment Plan Necessitates FLUM In response to these changes in conditions, the City Commission of the City of Delray Beach has found it necessary and prudent to update and modify the Redevelopment Plan to allow neighborhood conunercial uses on the subject property to meet the commercial retail and service needs of nearby residents, necessitating the Future Land Use Map and Future Land Use Element Text Amendments. E. Supporting Data: 1. Employment Enhancement: A. Statistics illustrate that the intent of the Wallace Drive Redevelopment Plan to enhance employment opportunities related to manufacturing, assembly, storage and distribution, has not come to fruition. 1) Delray Beach Unemployment Rate is the same as the national average and number of jobs have decreased by 17 %: • Delray Beach has an unemployment rate of 5.8% [national average of 5.8 %]. • According to Delray Beach Trends data, the number of Delray Beach, Florida jobs has decreased by 17% since May 2010. 2) Delray Beach leading industries do not include manufacturing, assembly, storage and distribution uses: • The leading industries in Delray Beach, Florida are Educational, health and social services, 17 %; Retail trade, 14 %; and Arts, entertainment, recreation, accommodation and food services, 13 %. Source. http.l*ww.sitnplyhiredeom/a,7ocaljobs/etty/1.- Delray+Beach,+FL 2. Sufficient amount of Existing Industrial Development in the Redevelopment Area: A. According to the 2004 Wallace Drive Redevelopment Plan, approximately 30% [10 acres] of the Wallace Drive Redevelopment Area provides for existing industrial uses west of Wallace Drive /SW 10th Avenue. The application to amend the Future land Use Map does not include any of the existing industrial property located west of Wallace Drive /SW 10th Avenue. B. Population Projections Do Not Support the Need for Additional Industrial Development within the City. 1) The City's Comprehensive Plan included a2007 estimated population of 64,360, and expected a population increase by 10.1% to 70,870 by the year 2015 and by 21.4% to Proposed FLUM /FLUE Small Scale Amendment - Responses to Application Items #8 and #9 - Revised 2.1.12 (1.5 acres) 78,143 by the year 2025. The Plan concluded that... "it's obvious that the population had been growing at a much higher rate than estimated since the prior Census in 1990, thereby skewing the projections." However, the 2010 Census revealed that the population of the City in 2010 was only 60,522 people. As such, from 2000 to 2010, the Delray Beach city population grew by only 0.8% (from 60,020 people to 60,522 people). Sowee. Delrrry Beach City Census 2010 D(rlcr . PoputationlDebay Beach ci; Popittailon Growth; Census 2000 to Census 2010 Proposed Amendment is an appropriate response to Unanticipated Changes in the Industrial Market; A. The proposed amendment is commensurate with planning and zoning changes implemented by other local municipalities as a means to respond to unanticipated changes in the industrial market. 1) For example, the City of Boynton Beach reclassified several industrial properties to allow for commercial and residential development, noting that while "unanticipated," these changes to certain industrial land use designated areas were necessary to respond to the changes in market trends. Source: City of Boynton Beach 2006 Evaluation and Appraisal Report 2) The City of Boca Raton amended its industrial land use category to allow the co- location of public facilities and schools, and amended its land development regulations to allow public schools within any of the zoning districts that corresponded to the Light Industrial (IL). Source: City of Boca Raton 2005 Evaluation and Appraisal Report 3) The City of Boca Raton also reduced the total amount of light industrial laud use designated in its' Future Land Use Plan by more than 25% from the amount designated in their 1989 Comprehensive Plan. Boca Raton - 2005 Comprehensive Plan Future Land Use Category Acreage /Percent Future Land Use Map 1989 Light Industrial (IL) 1,334.00 9.56% Future Lend Use Map 2005 Light Industrial (IL) 981.43 6.45% Souroo: City of Boca Raton 2005 Evaluation and Appraisal Report B. Industrial vacancy rates continue to increase in South Florida. Source. CuOunan & WaWteld, Marketbeat United States Of cellndustrial Report, 3Q11, South C. The demand for industrial development in the Wallace Drive LI zoned area has disappeared with the evolving economy. 1) The Wallace Drive Commerce Center located at 1250 Wallace Drive, is a 40,702 square foot, 14 unit warehouse /office condominium that received its Certificate of Occupancy on May 22, 2006. Between August, 2006 and April, 2007 eight units were sold at full market value. No sales occurred for the next 2 '/2 years, then between December, 2010 and November, 20113 more units were sold at only 55% of their original fair market value. The remaining 3 units are currently leased at reduced rates. Proposed FLU M /FLUE SmalI Scale Amendment - Responses to Application Items 48 and #9 -Revised 2.1.12 (1.5 acres) 2) Delray Beach Year End Reviews Provided between 2004 and 2010 illustrate the continued slowdown in the demand for industrial development within the City. ■ Consistency --The requested designation is consistent with goals, objectives, and policies of the most recently adopted Comprehensive Flan. Demonstration of Consistency with the adopted Comprehensive plan: A. The proposed map amendment will allow redevelopment of the subject property is complimentary to and compatible with existing nearby residential development and will provide for affordable goods and services for nearby residents, consistent with Goal Area "A" and Objective A -1 of the FLUE. GOAL AREA "A" LAND WITHIN TIIE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO SUSTAIN AND ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT AND BE COMPATIBLE WITH EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINATELY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE AND ENCOURAGE ACCESSIBLE AFFORDABLE EVERYDAY SERVICES. Objective A -1 Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs, 13. There are no natural resources or historic resources on the subject property. As such, the proposed amendment is consistent with Objective A -3, policy A -3 -1, Objective A -4 and Policy A -4.1 of the FLUE. Objective A -3 The development or utilization of remaining vacant land shall provide for the creation and retention of open space and the retention of natural resources. This objective shall be met through the following policies: Policy A -3.1 Prior to recommending approval of any land use application which involves vacant land, the appropriate approving board must make a finding that the requested land use action is consistent with this objective and its supporting policies. Objective A -4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and, where applicable, to architectural design guidelines through the following policies: Policy A -4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines ". C. The amendment is proposed for vacant property that is serviceable, that supports the community's future growth and that allows for development that enhances the current Proposed FLUM /FLUE Small Scale Amendment - Responses to Application Items #8 and #9 - Revised 2.1.12 (f.3' acres) quality of life of nearby residents in the area, consistent with Goal Area "B", Objective B -1, B -2, Policy B -2 -3, of the FLUE. GOAL AREA 'B" THE REMAINING GROWTH OF THE COMMUNITYSHALL OCCUR INA MANNER WHERENEW DEVELOPMENTAND REDEVELOPMENT WILL BE SERVICEABLE AND IT WILL NOT IMPEDE THE COMMUNITY'S ABILITY TO ACCOMMODATE FUTURE GROWTH OR DETRACT FROMITS CURRENT QUALITY OF LIFE. Objective B -1 New development shall not occur upon land which is needed for public facilities or greenspace which are necessary to support development within the community. Objective B -2 Facilities and services which are provided by, or through, the City of Delray Beach shall be provided to new development concurrent with issuance of a Certificate of Occupancy pursuant to the following policies. Policy B -23 Prior to recommending approval of any land use application which comes before it, the Local Planning Agency, or appropriate approving body, must make a finding of consistency with this objective and its supporting policies. If such a finding cannot be made, either conditions shall be made which provide for concurrency or the land use request shall be denied. D. Text amendments related to the Transitional Future Land Use Designation in the Future Land Use Element are proposed concurrent with the Future Land Use Map amendment to limit the uses permitted on the subject property to non - residential uses and to limit the allowable maximum), FAR for the non - residential uses to 0.6, to address concurrency as required by these Goals, Objectives and Policies [See Attached Future Land Use Element TextAmendments]. E. The proposed amendment will allow for redevelopment of the southeast corner of Wallace Drive/SW 10th Avenue and SW 10th Street, located within the Wallace Drive Redevelopment Area, consistent with Goal C and Objective C -1 of the FLUE, which support the redevelopment and renewal of "blighted areas" of the City. GOAL AREA "C" BLIGHTED AREAS OF THE CITY SHALL BE REDEVELOPED AND RENEWED AND SHALL BE THE MAJOR CONTRMUTI.NG AREAS TO THE RENAISSANCE OF DELRAY BEACH. Objective G1 Blighted areas, as designated by the City Commission, shall receive special attention and assistance in renewal- This objective shall be implemented through the following policies and activities. F. The proposed amendment is consistent with Policy C-1.8 and with the Wallace Drive Redevelopment flan, as amended [See Attached Future Land Use Element Text Amendments]. G. The proposed amendment includes text amendments to the Future Land Use Element to the Transitional Future Land Use Designation, and corresponding Policies, to limit the uses permitted on the subject property to non - residential uses and to limit the r Proposed FLUM /FLUE Small Scale Amendment - Responses to Application Items #8 and #9 - Revised 2.1.12 (1.5 �7 acres) allowable maximum FAR for the non - residential uses to 0.6 Policies [See Attached Future Land. Use Element Text Amendments]. ■ Concurxency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Compliance with Concurrency Standards The proposed amendment includes text amendments to the Future Land Use Element to the Transitional Future Land Use Designation, and corresponding Policies, to limit the uses permitted on the subject property to non - residential uses and to limit the allowable maximum FAR for the non - residential uses to 0.6 Policies [See Attached Future Land Use Element Text Amendments]. in Compatibility -- The requested designation will be compatible with existing and future land uses of the surrounding area. Compatibility with Surrounding Area A. While the potential to redevelop the subject area for primarily light industrial uses has diminished since 2004, the demand for neighborhood retail and services uses has increased as a result of newly approved residential development in the immediate vicinity. Residential multifamily and single family homes have existed east, west and north of the Wallace Drive subject area even prior to the Redevelopment Plan's adoption in 2004. Since then, more than 445 additional residential multifamily units have been approved and some of the units have already been builf within the area as a result of the recent approvals of the Village of Delray Beach and Housing Authority Village Square tesidential developments. The Redevelopment Plan does not currently allow the types of neighborhood commercial retail and services uses necessary to meet the commercial retail and service needs of the nearby residents. With little options for local shopping, these residents are required to travel out of their area to access everyday goods and services B. In response to these changes in conditions, the City Commission of the City of Delray Beach has found it necessary and prudent to update and modify the Redevelopment Plan to allow neighborhood commercial retail and service uses on approximately 1.5 acres of property located at the southeast corner of Wallace Drive /SW 10th Avenue and SW 10th Street to allow for neighborhood commercial development to meet the commercial retail and service needs of nearby residents, necessitating the Future Land Use Map and Future Land Use Element Text Amendments. The proposed amendments will continue to support the development of light industrial uses in the remaining 7 acres that are located south of the subject property and east of Wallace Drive /SW 10th Avenue, as expressed in the 2004 Redevelopment Plan. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations 7 Proposed FLUM /FLUE Small Scale Amendment - Responses to Application Items #8 and #9 - Revised 2.1.12 (1.5 acres) -- 014W AL BASE A94P SYSTEM -- MAP REF: S. \Plonning do Zoning \DBMS \Flle — Cob \Z —LM 1001 - 1500 \LM1326_10th and 10th Center Existing RUM EXISTING FUTURE LAND USE MAP N 10TH AND 10TH CENTER PLANNING AND ZONING DEPARTMENT !I r` SUBJECT AREA -- 014W AL BASE A94P SYSTEM -- MAP REF: S. \Plonning do Zoning \DBMS \Flle — Cob \Z —LM 1001 - 1500 \LM1326_10th and 10th Center Existing RUM -- DWAL 945£ A[4P SYS7E1/ -- MAP REF: S: \Plonnlnq & Zoning \DBMS \File— Cob \Z —LM 1001- 15D0 \LM1326_10th and 10th Center Proposed FLUM f ;f N -�- PROPOSED FUTURE LAND USE MAP 10TH AND 10TH CENTER 1 PLANNING AND ZONING '•- DEPARTMENT SUBJECT AREA -- DWAL 945£ A[4P SYS7E1/ -- MAP REF: S: \Plonnlnq & Zoning \DBMS \File— Cob \Z —LM 1001- 15D0 \LM1326_10th and 10th Center Proposed FLUM SON MEN �e M■ � � t III IND) I III I lie I moll N EXISTING ZONING MAP --Owmo-- 10TH AND 10TH CENTER PLANNING AND ZONING DEPARTMENT SUBJECT AREA IPOINSETTIA DRIVE �MATO 0 i p � e RM I I BESSIE ST. 1-0 A -- DIGMAL 645E W SYSTEM -- MAP REF: S: \Plonning k Zoning \DBMS \File— Cob \Z—LM 1001- 1500 \LM1326_1Dih and 10th Center Proposed Zoning PROPOSED ZONING MAP N 10TH AND 10TH CENTER PLANNING AND ZONING DEPARTMENT ?1 ?1111 SUBJECT AREA -- DIGMAL 645E W SYSTEM -- MAP REF: S: \Plonning k Zoning \DBMS \File— Cob \Z—LM 1001- 1500 \LM1326_1Dih and 10th Center Proposed Zoning Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: March 26, 2012 SUBJECT: AGENDA ITEM 10.A1- REGULAR COMMISSION MEETING OF APRIL 17 2012 AMENDMENT TO THE WALLACE DRIVE REDEVELOPMENT PLAN ITEM BEFORE COMMISSION Page 1 of 2 Consideration of a privately- initiated amendment to the "Wallace Drive Redevelopment Plan" to allow neighborhood commercial retail and service uses as a principal use at 10th and 10th Center (southeast corner of SW 10th Street and SW 10th Avenue). BACKGROUND The Wallace Drive Redevelopment Plan creates the framework for the future redevelopment of an area which was originally identified as Redevelopment Area #2 in the City's 1989 Comprehensive Plan. The Redevelopment Area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. Two - thirds of the area is located west of Wallace Drive, which bisects the area, running diagonally from northeast to southwest. The area was annexed into the City via the Enclave Act (Enclave #31A), on June 28, 1988. By this time, under County jurisdiction, the area had evolved into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. As a result, most of the area had deteriorated to a point where private investment had virtually stopped. The Redevelopment Plan was adopted by the City Commission on January 6, 2004. Recommendations in the Plan on Future Land Use Map designations and zoning for the area were initiated and adopted the same day. The Future Land Use Map designation for the area east of Wallace Drive /SW 10th Avenue, which includes the applicant's property, was changed to CMR (Commerce) and the area was rezoned to LI (Light Industrial). It was the intent of the Plan to make the Wallace Drive Redevelopment Area a unique place that would encourage the development of light industrial, limited commercial and office uses in an urban setting. This would, in turn, serve as a catalyst to increase property values and increase the City's employment base in the industrial, manufacturing and trade sectors. The applicant wishes to develop a neighborhood commercial center, including a Dollar type store at the southeast comer of SW 10th Street and SW 10th Avenue. To support the proposed use, the applicant is http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 5475 &MeetingID =3 74 4/18/2012 Coversheet Page 2 of 2 seeking a Future Land Use Map amendment from CMR (Commerce) to TRN (Transitional) and an associated rezoning from LI (Light Industrial) to NC (Neighborhood Commercial). These changes are not consistent with recommendations in the adopted Wallace Drive Redevelopment Plan. Since the Comprehensive Plan mandates that all Future development must be in accordance with the provisions of this Plan, the applicant is seeking a concurrent amendment to the Redevelopment Plan to address the conflicts. A copy of the proposed Plan amendment is attached. The intent is not to incorporate the modifications directly into the existing sections of the Plan, since this would give the impression that the changes were always a part of the original Plan and would result in a loss of historic perspective. Instead, the proposal is to add a new "2012 Modifications" section to the Plan that will include updated recommendations for amendments to the Future Land Use Map, Zoning Map and Land Development Regulations, as well as a description of changes in conditions since 2004 that the applicant percieves as making these modifications necessary. To maintain continuity, it will also be necessary to reference this new Section in the existing "Executive Summary" and "Implementation" Sections of the Plan. REVIEW BY OTHERS At its meeting of March 19, 2012, the Planning and Zoning Board held a public hearing on the proposed amendment of the Redevelopment Plan. In its presentation of the concurrent small -scale Comprehensive Plan Amendment and Rezoning, staff presented an analysis of the applicant's justification for the proposed changes and recommended that the Board move a recommendation of denial based on a failure to make positive findings related to "Demonstration of Need" and consistency with the Goals, Objectives and Policies of the Comprehensive Plan. Based on this analysis, staff feels that the changed conditions are not sufficient to warrant approval of the proposed FLUM modification, which will reduce the amount of land in the Commerce FLUM designation. This reduction is in direct conflict with Future Land Use Element Policy A -1.3, which states that such reductions should be discouraged. The amendment of the Wallace Drive Redevelopment Plan is necessary to support the concurrent small - scale Comprehensive Plan Amendment and Rezoning if they are to be adopted. Since the Planning and Zoning Board recommended approval those actions, it also recommended approval of the amendment of the Wallace Drive Redevelopment Plan on a 7 -0 vote. RECOMMENDATION Although the Planning and Zoning Board recommended approval, staff recommends that the City Commission deny the proposed amendment to the Wallace Drive Redevelopment Plan, by adopting the findings of fact and law contained in the staff report, and finding that the amendment and approval thereof is not consistent with the Comprehensive Plan. (motion to be stated in the affirmative). http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 5475 &MeetingID =374 4/18/2012 I nn ■ � 2012 Modification to the Wallace Drive Redevelopment Plan Background: The Wallace Drive Redevelopment Plan [Redevelopment Plan k was adopted by the City Commission on January 6, 2004, providing for a redevelopment plan for the area bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. The area had developed under C2g= jurisdiction into a mix of incompatible land uses with limited public infrastructure and little to no code enforcement. The intent of the Redevelopment Plan was to make a unique place that would "encourage the development of light industrial, commercial and offices uses in an urban sggi and to replace the existing single family and blighted conditions over time, providing for recommendations intended to "work toward making the area more marketable for business development while protecting the surrounding uses of greater impacts," and identified changes needed to the City's Comprehensive Plan and Land Development Regulations to implement the Redevelopment Plan. Following the adoption of the Redevelopment Plan, the City amended its Comprehensive Plan, gpecifically including Policy C.1.$ in the Future Land Use Element. which states that "Future development must be in accordance with the provisions of the Redevelopment Plan." The City also amended the Future Land Use Map designatin the he subject Moperty which lies east of Wallace Drive/SW 10th Avenue as Industrial/Commerce Future Land Use. The Industrial Future Land Use Desipation has two classifications: Industrial and Commerce. The Commerce Future Land Use Designation applies to the subject area and allows a mix of industrial, service, and commercial uses. The City also rezoned that area east of Wallace Drive /SW 10th Avenue, from R 1 -A (single family residential) to Light Industrial, consistent with the Plan and the Commerce Future Land Use Designation. As stated in the Redevelopment Plan, the Ll (Light Industrial) zoning district, east of Wallace Drive /SW 10th Avenue is intended to serve as a buffer between the MIC district to the west and residential development to the east. As previously noted, the intent of the 2004 Redevelopment Plan was to provide a plan with supporting land development regulations that would make the area "more marketable" for development of light industrial, commercial and offices uses in an urban setting." The Plan also recognized the need for reasonable transformation to occur in that area east of Wallace Drive /SW 10th Avenue for the benefit of residents that live in close proxunity to the redevelopment area. 2012 Modification to the Wallace Drive Redevelopment Plan - Revised 2.1.12 (1.5 acres} Chance in Market Conditions Since 2004 Plan Adoption Shortly after the adoption of the Plan in 2004, significant changes occiured in market conditions, which have stalled the potential for the redevelopment of the area east of Wallace Drive /SW 10th Avenue for tight industrial uses. The result of the economic downturn has diminished the potential to attract tenants and has made it difficult to obtain financing for redevelopment of light industrial projects. Approved light industrial projects have required numerous site plan extensions over the 8 year period since the adoption of the Redevelopment Plan, leaving properties in this area vacant. Other light industrial development, while bWlt, has been difficult to lease leaving empty building spaces. The long-lasting negative market conditions has resulted in a necessity to modify the Redevelopment Plan to allow "reasonable transformation" of the area "for the benefit of residents that live in close proximity to the redevelopment area," as expressed in the adopted Redevelopment Plan. Increase in Residential Development Since 2004 Plan Adoption While the potential to redevelop the subject property for li hg_t industrial uses has diminished since 2004, the demand for neighborhood retail and services uses has increased as a result of newly approved residential development in the immediate vicinity. Residential multifamily single family homes have existed east, west and- north of the Wallace Drive subject area even prior to the Redevelopment Plan's adoption in 2004. Since then, more than 445 additional residential multifamily units have been approved and some of the units have already been built within the area as a result of the recent approvals of the Village of Delray Beach and Housing Authority Village Square residential developments. The Redevelopment Plan does not currently allow the types of neighborhood commercial retail and services uses necessary to meet the commercial retail and service needs of the nearby residents. With very limited options for local shopping, these residents are required to travel out of their area to access evm dgy goods and services. Proposed 2012 Modification to the Redevelopment Plan In response to these changes in conditions, the City Conunission of the City of Delray Beach has found it necessary and prudent to update and modify the Redevelopment Plan to allow neighborhood commercial uses on •approximately 1.5 acres of property located at the southeast corner of Wallace Drive /SW 10th Avenue and SW 10th Street to meet the commercial retail and service needs of nearby dents. This modification will continue to support the development of light industrial uses in the remaining 7.0 acres that are located south of the subject property and east of Wallace Drive /SW 10th Avenue. as expressed in the 2004 Redevelopment Plan. 2012 Modification to the Wallace Drive Redevelopment Plan - Revised -- 2.1.12 (1.5 acres) FUTURE LAND USE This modification to the Redevelopment Plan will require an amendment to the Future Land Use Map (FLUM) to change the Future Land Use Designation of the subject property from (CMR) Commerce to (TRN) Transitional Future Land Use Designation. Text amendments related to the Transitional Future Land Use Designation in the Future Land Use Element will also be processed to limit the uses permitted on the subject_ property to non - residential uses and to limit the allowable maximum. FAR for the non - residential uses to ".b25, . The remainder of the Redevelopment Area on both sides of Wallace Drive, approximately 28 acres, will remain as CMR(Commerce) Futuue Land Use designation. ZONING Rezoning of the subject my= to change the zoning from (LI Light Industrial to (NC Neighborhood Commercial will be processed to be consistent with the FLUM amendment. The remk2jing property, approximately 7 acres, located east of Wallace Drive/ SW 1Oth Avenue and south of the subject property will remain as LI (Light Industrial) zodng to continue to accommodate light industrial uses in the area. LAND DEVELOPMENT REGULATIONS Amendments to the Land Development Regulations will also be processed concurrent with the FLUM amendments and rezoning to create a new subsection in the Supplemental District Regulations of the (hjQ Neighborhood Commercial zonng district to limit the maximum FAR tOW for non - residential uses zoned NC in the Wallace Drive Overlay District. .25 3 1 2012 Modification to the Wallace Drive Redevelopment Plan - Revised -- 2.1.12 (1.5 acres) S. W. 7TH ST. -s 3 fit 3 3 vi vi vi vi 3 = T1 I 1 S. W. 8TH 00 S. W. 8TH > > > Q Q Q S. W. 9TH ST. N O S.W. 9TH CT. vi 3 3 V7 V) N vI S. W. 10TH STREET Li �> a a a rn 3 F c 1 11 ROYAL IfALM R. S.W. 11TH ST. 0 w z J Z U > 3 3 a v) fN POINSETTIA DRIVE w Z DOUGLAS AVENUE a w GEORGIA STREET J� P BESSIE ST. :D l j J�O SOP G� v �J� RHO 3� ELLA ST. vi Q��G J SUNUP O�ROCf -- O/C/TAL 84SE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1316_10th & 10th Center N SUBJECT 10TH AND 10TH CENTER PLANNING AND ZONING PROPERTY LOCATION MAP DEPARTMENT PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: MARCH 19, 2012 AGENDA NO: IV. D. AGENDA ITEM: AMENDMENT TO THE WALLACE DRIVE REDEVELOPMENT PLAN ITEM BEFO . E TME: BOARD The item before the Board is to make a recommendation to the City Commission regarding a privately- initiated amendment to the "Wallace Drive Redevelopment Plan" to allow neighborhood commercial retail and service uses as a principal use at 10th and 10th Center (southeast corner of SW 10th Street and SW 10th Avenue). Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board, Ot1ND The Wallace Drive Redevelopment Plan creates the framework for the future redevelopment of an area which was originally identified as Redevelopment Area #2 in the City's 1989 Comprehensive Plan. The Redevelopment Area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. Two - thirds of the area is located west of Wallace Drive, which bisects the area, running diagonally from northeast to southwest. Development within this area began in the late 1940s when the area was located on the fringe of the City of Delray Beach, in unincorporated Palm Beach County. Residential development continued at a slow pace into the 1970s with a development pattern that was rural in nature with unpaved roads and no public utilities. In the late 1970s, industrial uses began to be developed west of this area along the Interstate 95 corridor. Automotive - related uses including repair, towing and storage facilities, along with other industrial uses in this area generated noise and commercial traffic through the residential neighborhood. This had a significant effect on the character of the area and the neighborhood declined. The area was annexed into the City via the Enclave Act (Enclave #31A), on June 28, 1988. By this time, under County jurisdiction, the area had evolved into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. As a result, most of the area had deteriorated to a point where private investment had virtually stopped. The area east of Wallace Drive (then Germantown Road) was characterized by single family homes, a few vacant lots and an abandoned gas station site at the southeast corner of SW 10th Street and Wallace Drive. Except for a convenience store located at the southwest corner of SW 10th Street and Wallace Drive, the area west of Wallace Drive was primarily single family homes and vacant lots bordered on the west by industrial uses. Planning and Zoning Board Staff Report - March 119, 2012 Meeting Page 2 Amendment of Wallace Drive Redevelopment Plan The Redevelopment Plan was adopted by the City Commission on January 6, 2004. Recommendations in the Plan on Future Land Use Map designations and zoning for the area were initiated and adopted the same day. The Future Land Use Map designation for the area east of Wallace Drive /SW 10th Avenue, which includes the applicant's property, was changed to CMR (Commerce) and the area was rezoned to LI (Light Industrial). It was the intent of the Plan to make the Wallace Drive Redevelopment Area a unique place that will encourage the development of light industrial, limited commercial and office uses in an urban setting. This would, in turn, serve as a catalyst to increase property values and increase the City's employment base in the industrial, manufacturing and trade sectors. The applicant wishes to develop a neighborhood commercial center, including a "DollarStore" at the southeast corner of SW 10th Street and SW 10th Avenue. To support the proposed use, the applicant is seeking a Future Land Use Map amendment from CMR (Commerce) to TRN (Transitional) and an associated rezoning from LI (Light Industrial) to NC (Neighborhood Commercial). These changes are not consistent with recommendations in the adopted Wallace Drive Redevelopment Plan. Since the Comprehensive Plan mandates that all Future development must be in accordance with the provisions of this Plan, the applicant is seeking a concurrent amendment to the Redevelopment Plan to address the conflicts. A copy of the proposed Plan amendment is attached. The intent is not to incorporate the modifications directly into the existing sections of the Plan, since this would give the impression that the changes were always a part of the original Plan and would result in a loss of historic perspective. Instead, the proposal is to add a new "2012 Modifications" section to the Plan that will include updated recommendations for amendments to the Future Land Use Map, Zoning Map and Land Development Regulations, as well as a description of changes in conditions since 2004 that make these modifications necessary. To maintain continuity, it will also be necessary to reference this new Section in the existing "Executive Summary" and "Implementation" Sections of the Plan. FIN DINO$, Comprehensive Plan Conformance There are two policies in the Comprehensive Plan which either directly reference the redevelopment plan or are relevant to the changes proposed in the amendment of the plan. The first is Future Land Use Element Policy C -1.8, stated as follows: Policy C -1.8 The following pertains to redevelopment of the Wallace Drive Industrial Area: This area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. The Wallace Drive Industrial Area Redevelopment Plan was adopted by City Commission on January 6, 2004. The Plan establishes proposed land use designations for the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. The Redevelopment Plan encourages the development of light industrial, limited commercial and office uses in an urban setting. Aggregation of parcels is encouraged throughout the area to accommodate unified development. Consistency with this policy is a problem, since staff's analysis indicates that the proposed changes on the subject property are not justified and staff recommends denial. If the FLUM amendment and rezoning are supported by the Planning and Zoning Board, then this item 2 Planning and Zoning Board Staff Report - March 119, 2012 Meeting Page 3 Amendment of Wallace Drive Redevelopment Plan should also be supported since the proposed neighborhood commercial development on the subject property will be consistent with the proposed amended text for the Redevelopment Plan. The second relevant policy is Future Land Use Element Policy A -1.3, stated as follows: Policy A -1.3 The Commerce land use designation, which involves a mix of light industrial, commercial uses, and research and development, is the most needed land use during the City's final stage of build -out. Thus, changes to the Future Land Use Map, which diminish this land use, are discouraged. This policy is at the core of the issue as to whether or not there are compelling reasons to make a Future Land Use Map change that will diminish the CMR designation. The applicant submitted a detail justification statement to support the change. This statement is attached to the staff report for the FLUM amendment and Rezoning, being heard concurrently with this item. A detail analysis of the applicant's justification for the proposal is included in the "Future Land Use Map Analysis" section of that staff report. Based on the analysis, staff does not agree that the changed conditions warrant the proposed Future Land Use Map, rezoning or Redevelopment Plan changes. .,REVIEW ..OTHERS . The redevelopment area is not within a geographical area requiring review by the Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA) or the Historic Preservation Board (HPB). Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Delray Citizens' Coalition • Southridge • Delray Beach Heights • Groves of Delray It is also noted that formal public notice was provided to property owners within a 500' radius of the subject property for the proposed FLU Amendment and Rezoning. Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. . ::.._ :.' ,ASSES,SMENT;AND CONCLUSION The changes in conditions since adoption of the Wallace Drive Redevelopment Plan in 2004 are not sufficient to warrant the loss of property in the Commerce Future Land Use Map designation. This reduction is in conflict with Future Land Use Element Policy A -1.3, which says that such reductions should be discouraged. ALT`RNATII/E ACTT N$;`' A. Continue with direction. 3 Planning and Zoning Board Staff Report - March 119, 2012 Meeting Page 4 Amendment of Wallace Drive Redevelopment Plan B. Move a recommendation of approval to the City Commission of the proposed amendment to the Wallace Drive Redevelopment Plan, by adopting the findings of fact and law contained in the staff report, and finding that the amendment and approval thereof is consistent with the Comprehensive Plan, C. Move a recommendation of denial to the City Commission of the proposed amendment to the Wallace Drive Redevelopment Plan, by adopting the findings of fact and law contained in the staff report, and finding that the amendment and approval thereof is not consistent with the Comprehensive Plan. (motion to be made in the affirmative). 'R ECOMIVIENDEDACTCON Recommend denial of the proposed amendment to the Wallace Drive Redevelopment Plan, by adopting the findings of fact and law contained in the staff report, and finding that the amendment and approval thereof is not consistent with the Comprehensive Plan. (motion to be stated in the affirmative). Attachment: • Amended Plan section 0 DELRAY BEACH n R I n baftd All-America City 1993 2001 CITY CLEI 1t�JN LtL(2 ^ ---.AC:- CERTIFICATION I, LANELDA D. GASKINS, CMC, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Ordinance No. 14 -12, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 171h day of April 2012. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 19th day of April 2012. ) ' I I /? OAZ14 A a,_it ':XLaNlda D. Gaskins, CMC Deputy City Clerk City of Delray Beach, Florida SERVICE PERFO�AIANCE ° NTEGPITY ' RESPONSIBLE - NNQVATIVE ' �� E,�iU1.�A ORK