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Ord 19-12ORDINANCE NO. 19 -12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL -SCALE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5 -12 DU /AC) TO CC (COMMERCIAL CORE), PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTION 163.3187, FOR LAND LOCATED ON THE EAST SIDE OF SW 10' AVENUE, 391 FEET SOUTH OF WEST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CBD (CENTRAL BUSINESS) 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, Delray Beach Community Redevelopment Agency, is the fee simple owner of a 0.157 acre parcel of land located on the east side of SW 10'h Avenue, 391 feet south of West Atlantic Avenue; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of MD (Medium Density Residential 5- 12du /ac); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from MD (Medium Density Residential 5- l2du/ac) to CC (Commercial Core); 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 RM (Medium Density Residential) District; and WHEREAS, at its meeting of June 18, 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 4 to 0 to recommend that the Future Land Use Map designation and zoning classification be changed for the property hereinafter described, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Future Land Use Map of the City of Delray Beach, Florida be amended to reflect the revised Future Land Use Map designation; 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 °rty is hereby officially affixed as CC (Commercial Core). 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 Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CBD (Central Business) District for the following described property: Lot 12, Block 1, Belair Heights, according to the Plat thereof as recorded in Plat Book 20, Page 45 of the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, containing 6871 square feet (0.157 acres) more or less. 2 ORD NO. 19 -12 Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective 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 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. PASSEP AND A OPTED in regular session on second and final read' on this the �\ day of , 2012. ATTEST V City Clerk First Reading a0\ Second Reading 15 oA a l�\ ORD NO. 19 -12 Streamlinmcr Rule which tmsed several Urovisions of e General Pretreatment e atlons found in Part 403; and WHEREAS, the City's Sewer Use Ordinance, enforcement response plans and MJA enables the City to comply with the new FDEP regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 53.004, "Abbreviations; Definitions" of the Code of Ordinances of the City of Delray Beach, shall be amended to read as follows: Sec. 53.004. ABBREVIATIONS; DEFINITIONS. (A) The following abbreviations shall have the designated meanings: BOD. Biochemical Oxygen Demand. CBOD. Carbonaceous Biochemical Oxygen Demand. CFR. Code of Federal Regulations. COD. Chemical Oxygen Demand. EPA. U.S. Environmental Protection Agency. F.A.C. Florida Administrative Code. FDEP. Florida Department of Environmental Protection. gad. Gallons per day. mg /l. Milligrams per liter. NPDES. National Pollutant Discharge Elimination System. O&M. Operation and Maintenance. RCRA. Resource Conservation and Recovery Act. SIC. Standard industrial classification. 2 ORD. NO. 25 -12 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: August 1, 2012 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF AUGUST 7, 2012 WAIVER REQUESTS/ CHASE BANK ITEM BEFORE COMMISSION Page 1 of 2 City Commission consideration of a waiver request to the Land Development Regulations (LDR) Section 4.6.7(E)(7) to allow three (3) flat wall signs to be placed on elevations that do not face a dedicated street and to Section 4.6.7(H)(6) to allow more than one nameplate on a building for Chase Bank, located at 5070 W. Atlantic Avenue. BACKGROUND The Delray Commons Plaza was annexed into the City in 1991. The development included three (3) out parcel buildings that had the businesses of Burger King, National Riverside Bank and the Shell Gas Station. On August 3, 1999, the Commission approved a subdivision plat for the shopping center, which created the Riverside Bank building as a separate parcel. Chase Bank will be moving into this existing bank building. The proposed sign package was considered by the Sight Plan Review and Appearance (SPRAB) Board at their regular meeting on July 25, 2012. The sign package, as presented to the Board, consists of seven (7) signs (1 free - standing, 4 flat wall and 2 nameplates), identified as A -G for clarity. Signs A, E and G (flat wall to be erected on the north elevation; one free standing and name plate signs) are allowed by code, thus do not require a waiver. The remaining signs shown as B, C, and D (all flat wall signs proposed for the South, East and West elevations) are not allowed by code because neither of them face a dedicated street, as required under the sign code. The sign identified as "F" is a second nameplate proposed at 2' which requires a waiver since the code limits this type of sign to one per building. SPRAB voted in support of waivers to LDR's Section 4.6.7(E)(7) to allow the three (3) flat wall signs to be erected on the South, East and West elevations of the building and to Section 4.6.7(H)(6) allowing a second nameplate to be placed on the building. http: // agendas. mydelraybeach .com /Bluesheet.aspx ?ItemID= 5846 &MeetinglD =384 8/24/2012 Coversheet Page 2 of 2 Waivers under LDR Section 2.4.7(B)(5) require that prior to granting a waiver, the granting body shall make findings that granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege that the same waiver would be granted under similar circumstances on other property for another applicant or owner. I have attached for your reference a letter justifying Chase Bank's position for the waivers. RECOMMENDATION Staff recommends approval of the requested waiver to LDR Section 4.6.7(E)(7) for a flat wall sign on the East elevation; however, we would recommend denial of the waiver request for the flat wall sign proposed for the West elevation. We concur with SPRAB's decision to allow the waiver to LDR Section 4.6.7(H)(6) allowing a second nameplate on the building as requested. The flat wall sign proposed for the South elevation should be reduced to the 9' allowed by code because it is the rear elevation of the bank building. http: // agendas. mydelraybeacb .com /Bluesheet.aspx ?ItemID= 5846 &MeetingID =384 8/24/2012 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: August 1, 2012 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF AUGUST 7, 2012 WAIVER REQUESTS/ CHASE BANK ITEM BEFORE COMMISSION Page 1 of 2 City Commission consideration of a waiver request to the Land Development Regulations (LDR) Section 4.6.7(E)(7) to allow three (3) flat wall signs to be placed on elevations that do not face a dedicated street and to Section 4.6.7(H)(6) to allow more than one nameplate on a building for Chase Bank, located at 5070 W. Atlantic Avenue. BACKGROUND The Delray Commons Plaza was annexed into the City in 1991. The development included three (3) out parcel buildings that had the businesses of Burger King, National Riverside Bank and the Shell Gas Station. On August 3, 1999, the Commission approved a subdivision plat for the shopping center, which created the Riverside Bank building as a separate parcel. Chase Bank will be moving into this existing bank building. The proposed sign package was considered by the Sight Plan Review and Appearance ( SPRAB) Board at their regular meeting on July 25, 2012. The sign package, as presented to the Board, consists of seven (7) signs (1 free- standing, 4 flat wall and 2 nameplates), identified as A -G for clarity. Signs A, E and G (flat wall to be erected on the north elevation; one free standing and name plate signs) are allowed by code, thus do not require a waiver. The remaining signs shown as B, C, and D (all flat wall signs proposed for the South, East and West elevations) are not allowed by code because neither of them face a dedicated street, as required under the sign code. The sign identified as "F" is a second nameplate proposed at 2' which requires a waiver since the code limits this type of sign to one per building. SPRAB voted in support of waivers to LDR's Section 4.6.7(E)(7) to allow the three (3) flat wall signs to be erected on the South, East and West elevations of the building and to Section 4.6.7(H)(6) allowing a second nameplate to be placed on the building. http: // agendas. mydelraybeach. com /Bluesheet.aspx ?ItemID= 5846 &MeetingID =384 8/24/2012 Coversheet Page 2 of 2 Waivers under LDR Section 2.4.7(B)(5) require that prior to granting a waiver, the granting body shall make findings that granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege that the same waiver would be granted under similar circumstances on other properly for another applicant or owner. I have attached for your reference a letter justifying Chase Bank's position for the waivers. RECOMMENDATION Staff recommends approval of the requested waiver to LDR Section 4.6.7(E)(7) for a flat wall sign on the East elevation; however, we would recommend denial of the waiver request for the flat wall sign proposed for the West elevation. We concur with SPRAB's decision to allow the waiver to LDR Section 4.6.7(H)(6) allowing a second nameplate on the building as requested. The flat wall sign proposed for the South elevation should be reduced to the 9' allowed by code because it is the rear elevation of the bank building. http: // agendas. mydelraybeach .com /Bluesheet.aspx ?ItemlD= 5846 &MeetingID =384 8/24/2012 Streamlining Rule which revised several provisions of the General Pretreatment Regulations found in 40 CFR Part 403; and WHEREAS, the City's Sewer Use Ordinance, enforcement response plans and MJA enables the City to comply with the new FDEP regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 53.004, "Abbreviations; Definitions" of the Code of Ordinances of the City of Delray Beach, shall be amended to read as follows: Sec. 53.004. ABBREVIATIONS; DEFINITIONS. (A) The following abbreviations shall have the designated meanings: BOD. Biochemical Oxygen Demand. CBOD. Carbonaceous Biochemical Oxygen Demand. CFI. Code of Federal Regulations. COD. Chemical Oxygen Demand. EPA. U.S. Environmental Protection Agency. F.A.C. Florida Administrative Code. FDEP. Florida Department of Environmental Protection. gd. Gallons per day. mg /l. Milligrams per liter. NPDES. National Pollutant Discharge Elimination System. O&M. Operation and Maintenance. RCRA. Resource Conservation and Recovery Act. SIC. Standard industrial classification. 2 ORD. NO. 25-12 ORDINANCE NO. 25-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, SANITARY SEWERS ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTIONS 53.004, "ABBREVIATIONS; DEFINITIONS "; 53.051, "PROHIBITED DISCHARGES TO SEWERS "; 53.052, "NATIONAL CATEGORICAL PRETREATMENT STANDARDS "; 53.054, "INTERCEPTORS "; 53.056, "ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE "; 53.064, "PREVENTION OF ACCIDENTAL DISCHARGES "; 53.067, "NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTES "; 53.068, "NOTICE OF VIOLATIONS, REPEAT SAMPLING AND REPORTING'; 53.080, "COMPLIANCE DATE REPORT "; 53.081, "REPORTING REQUIREMENTS "; 53.082, "INSPECTION ND SAMPLING'; 53.084, "ANALYTICAL REQUIREMENTS "; 53.085, "SAMPLE COLLECTION "; 53.100, "PERMIT REQUIREMENTS "; 53.101, "PERMIT APPLICATION "; 53.102, "PERMIT ADMINISTRATION "; 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGES "; 53.132, "INDUSTRIAL COST RECOVERY SYSTEM "; 53.142, "PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE "; 53.154, "RETENTION OF RECORDS REQUIRED "; 53.999, "PENALTIES ", IN ORDER TO UPDATE SAME IN ACCORDANCE WITH NEW FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ( "FDEP ") REGULATIONS; PROVIDING A SAVING CLAUSE; A GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the Florida Department of Environmental Protection ( "FDEP ") requires the City of Delray Beach to regulate connections to the City's wastewater collection and transmission system and to require pre - treatment of industrial wastewater pursuant to the Federal Water Pollution Control Act, Chapter 153, Florida Statutes and Chapter 62.625, Florida Administration Code; and WHEREAS, the FDEP recently revised its rules and regulations regarding wastewater systems and pretreatment, found in Chapter 62 -625, F.A.C. Specifically, FDEP revised its rules to comply with EPA's Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: August 10, 2012 Page 1 of 2 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF AUGUST 2l, 2012 ORDINANCE NO. 19 -12 ITEM BEFORE COMMISSION Reconsideration of the second reading for a privately initiated Future Land Use Map change from Medium Density Residential (MD) to CC (Commercial Core), rezoning from RM (Multiple Family Residential) to CBD (Central business District), for a 0.157 acre property located approximately 391 feet South of West Atlantic Avenue on the east side of SW 10th Avenue (35 SW 10th Avenue). At its meeting of July 17, 2012, Ordinance 19 -12 was considered on second reading but the motion died from a lack of a second and the applicant requested the item be placed on the August 7, 2012, meeting for reconsideration. At its meeting August 7, 2012, the City Commission agreed to reconsider Ordinance 19 -12 on second reading and scheduled the item for the August 21, 2012 meeting. BACKGROUND The subject property is located East of 1 -95, approximately 391 feet South of West Atlantic Avenue on the east side of SW 10th Avenue (35 SW 10th Avenue), is approximately 0.157 acre in size and is currently vacant. The property is zoned RM (Multiple Family Residential - Medium Density) and has a Future Land Use Designation of MD (Medium Density Residential) with a legal description of Lot 12, Block 1 of the Belair Heights Subdivision, plat book 20, page 45 of the Palm Beach County records. The Community Redevelopment Agency (CRA) owns lot 12 and all other lots directly north to Atlantic Avenue. The CRA in agreement with Prime Delray Hotel, LLC., plans to develop a hotel at the corner of West Atlantic Avenue between SW 10th Avenue and SW 9th Avenue on approximately a 2.30 acres site. The requested Future Land Use Map designation from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District), for the subject property (lot 12) is to allow the property to be utilized as a parking area in association with the future hotel. REVIEW BY OTHERS At its meeting of June 18, 2012, the Planning and Zoning Board held a public hearing associated with http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemlD= 5891 &MeetingID =386 8/23/2012 Coversheet Page 2 of 2 the CC (Commercial Core) Future Land Use Map amendment, and CBD (Central Business District) rezoning request. They had no concerns with the requested Future Land Use and Zoning designations. After a brief discussion, the Board recommended approval of the proposed FLUM and Rezoning on a 4- 0 vote. The City Commission considered the Ordinance on first reading on July 5, 2012, and recommended approval on a 5 -0 vote. At its meeting of July 17, 2012, Ordinance 19 -12 failed to receive a second. At its meeting August 7, 2012, the City Commission agreed to reconsider Ordinance 19 -12 on second reading and scheduled the item for the August 21, 2012 meeting. RECOMMENDATION Approve on second reading Ordinance 19 -12 for a Future Land Use Map amendment from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), 2.4.5(D)(5)(Rezoning Findings). http:// itwebapp /AgendaIntranetBluesheet .aspx ?ItemID =5891 &MeetingID =3 86 8/23/2012 ORDINANCE NO. 19 -12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL -SCALE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5 -12 DU/AC) TO CC (COMMERCIAL CORE), PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTION 163.3187, FOR LAND LOCATED ON THE EAST SIDE OF SW 10TH AVENUE, 391 FEET SOUTH OF WEST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CBD (CENTRAL BUSINESS) 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, Delray Beach Community Redevelopment Agency, is the fee simple owner of a 0.157 acre parcel of land located on the east side of SW 10th Avenue, 391 feet south of West Atlantic Avenue; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of MD (Medium Density Residential 5- 12du /ac); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from MD (Medium Density Residential 5- 12du /ac) to CC (Commercial Core); 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 RM (Medium Density Residential) District; and WHEREAS, at its meeting of June 18, 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 4 to 0 to recommend that the Future Land Use Map designation and zoning classification be changed for the property hereinafter described, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Future Land Use Map of the City of Delray Beach, Florida be amended to reflect the revised Future Land Use Map designation; 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 CC (Commercial Core). 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 Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CBD (Central Business) District for the following described property: Lot 12, Block 1, Belair Heights, according to the Plat thereof as recorded in Plat Book 20, Page 45 of the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, containing 6871 square feet (0.157 acres) more or less. ORD NO. 19 -12 Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective as follows: thirty -one (3 1) 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 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 day of , 2012. ATTEST City Clerk First Reading Second Reading u W., _ • ORD NO. 19 -12 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT-- - MEETING DATE: June 18, 2012 ITEM: Privately - initiated Future Land Use Map Amendment (FLUM) from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District) for a 0.157 acres vacant parcel (Lot 12) located approximately 391 feet South of West Atlantic Avenue on the east side of SW 10th Avenue (35 SW 10th Avenue). GENERAL DATA: Agent ...... ............................... Jay Huebner, HSQ Group, Inc.. Location ....... ............................... Approximately 391 feet South of West Atlantic Avenue on the east side of SW 10th Avenue (35 SW 10th Avenue) Property Size .................. Existing FLUM ................ Proposed FLUM .........:... Current Zoning ............... Proposed Zoning ................... 0.157 acres MD (Medium Density Residential) CC (Commercial Core) RM (Multiple Family Residential - Medium Density) CBD (Central Business District) Adjacent Zoning ............... North: CBD (Central Business District) East: RM (Multiple Family Residential - Medium Density) South: RM (Multiple Family Residential - Medium Density) West: RM (Multiple Family Residential - Medium Density) Existing Land Use. ..................... Vacant lot Proposed Land Use .................... Additional parking associated with a future hotel to be located on adjacent parcels to the north. Water Service ........................ Available via connection to an 8" water main located on the east side of SW 10t"' Avenue r -o -w. Sewer Service ........................ Available via connection to an 8" sewer main located along SW 10"' Avenue r -o -w.. iii r■'i■�i � ' r lollll� uu`�' The item before the Board is that of making a recommendation to the City Commission on privately initiated Future Land Use Mop amendment from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RK8 (Multiple Family Reaidentia| - Medium Density) toC8D (Central Business District) fora 0.157 acres vacant parcel (Lot 12) located approximately 391 feet SouthofVVmstAtlontioAvonuaontheeastsideofSW1OthAvenum(358VV1OthAxanue). Pursuant to Section 2.2.2(E) (0) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning and Land Use Map change of any property within the City. The subject property (Lot 12) is located East of 1-95. approximately 381' feet South of West Atlantic Avenue and on the east side of SW 10th Avenue (35 8VV 10th Avenue). The property is currently zoned RK8 /K8u|Up\e Family Residential -K8edium Density) and has Future Land Use Designation of MD (Medium Density Residential) with a legal description of Lot 12. Block 1 of the Ba|uir Heights plat, plat book 20. page 45 of the Pm|no Beach County records. The total site area is 8'871 square feet which equates to 0.157 ocnae. The |cd is adjacent to oomnnnancia|\y zoned CBD (central Business District) land to the North. The Community Redevelopment Agency (CRA) in agreement with Prime Delray Mota|. LLC. plans to develop a hotel at the comer of West Atlantic Avenue between SVV 1n^^ Avenue and QVV Sm /venue of approximately 2.30 acres (including lot 12). The subject property (lot 12) mtill be a part of the overall hotel development, and will be used to place part of thep2rking required for the future hotel. REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3'1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information om the application, the staff report, or minutes. Findings shall be rnodm by the body, which has the authority tm approve mr deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be a[|mvvmd in the zoning district and the zoning district must be consistent with the land use designation. The application includes a FutureLond Use Map amendment which is being processed as osmo|| aon|e amendment. Florida Statutes F.S. 183.3187 provides the process for adoption of nma||'nco|e comprehensive plan amendment, anfollows: (1) A small scale development amendment may be adopted under the following conditions* (a) The proposed amendment involves a use nf1O acres or fewer and; (b) The cumulative annual effect of the acreage for all ornaU onm|e development amendments adopted by the local government does not exceed a maximum of 120 mcn:n in aoa|andmr year; (u) The proposed amendment does not involve a text change to the goa|e, pu|iokaa, and objectives of the local government's comprehensive plan, but only proposes a land use Planning & Zoning Board Staff Report - Meeting of June 18, 2012 35 SW I& Avenue FLUM Amendment and Rezoning Page 2 (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). (2) Small scale development amendments adopted pursuant to this section require only one public hearing before the governing board, which shall be an adoption hearing as described in 163.3184(11). The proposal is 0.157 of an acre and the cumulative annual acreage for all small scale development amendments adopted by the City throughout the year 2012 has not exceed the maximum of 120 acres. The proposed FLUM amendment does not involve a text change to the goals, policies, and objectives of the comprehensive plan. The request is to process only a land use change to the future land use map for a site - specific hotel development. The subject property (1012) is not located within an area of critical state concern, and the future hotel project does not include the construction of affordable housing units. Thus, the proposed FLUM amendment can be processed as a small scale amendment because it complies with all of the above conditions. With the above amendment and accompanying rezoning request consistency between zoning and the land use designation will be achieved. Pursuant to LDR Section 4.4.13(D)(16), hotels are allowed as conditional uses within the CBD District. In addition, pursuant to LDR Section 4.4.13(C)(1), parking lots are allowed in the CBD district when a part of, or accessory to, the principal use which in this case will be the hotel development. The proposed CC (Commercial Core) Future Land Use Map (FLUM) designation and the requested zoning designation of CBD (Central Business District) are both consistent with each other. The CBD zoning designation allows hotels uses as a conditional use, as well as parking lots when these are part of a principal use. The current request meets the above criteria_ CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As described in Appendix "An, a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(D)(5) for the Rezoning request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies were found: Planning & Zoning Board Staff Report - Meeting of June 18, 2012 35 SW 1 oth Avenue FLUM Amendment and Rezoning Page 3 Future Land Use Element Policy A -1.7 Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. • Consistency -- The requested designation is consistent with goals, objectives, and policies of the most recently adopted Comprehensive Plan. • Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. • Compatibility -- The requested designation will be compatible with existing and future land uses of the surrounding area. • Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The applicant has submitted the following statements regarding Demonstrated Need for the proposed FLUM amendment: "Lot 12 is located adjacent to the Commercial Core land use property. The subject property is better suited for commercial uses than residential uses due to its proximity to the redevelopment of the Atlantic Avenue corridor. In recent years the Delray Beach CRA has been purchasing property along the Atlantic Avenue corridor and redeveloping the area to improve the quality of commercial uses. These developments are used to stimulate the local Delray Beach area by improving the quality of life and creating job growth. The CRA has purchased the adjacent properties north of the site which has now changed the character of the area to allow the Master Plan of the Atlantic corridor to be accomplished. This amendment will allow this parcel to serve the commercial development, and it is a better use of the property compared to residential uses. The requested designation of Commercial Core (C.C.) is consistent with the current goal, objectives and policies of the most recently adopted Comprehensive Plan" The MD (Medium Density Residential) designation currently assigned to the property may have been adequate in the past but the current market potential of the site due to its proximity to the West Atlantic Avenue Corridor is very significant. Besides the market trend of the area with the adjacent commercial developments such as "Atlantic Grove" which features a mixed use of commercial, office, and residential development; the Coda, mixed use residential and office development, clearly indicate that a commercial designation is not only appropriate for the subject property but also supported by Planning & Zoning Board Staff Report - Meeting of June 18, 2012 35 SW 10th Avenue FLUM Amendment and Rezoning Page 4 the market. The proposed hotel development will continue this trend and will contribute to the creation of a commercial hub along the West Atlantic Neighborhood. Concurrency can be met with this amendment. A traffic impact analysis has been conducted to determine the change in traffic patterns resulting from the proposed Future Land Use Map amendment for the subject property. The main goal is to determine if the development at the highest intensity possible under the requested FLUM designation will meet the adopted traffic concurrency standards. A trip generation comparison analysis using the trip generation rates published by Palm Beach County has been presented by the applicant. The trip generation comparison analysis was undertaken for daily, AM peak hour, and PM peak hour conditions. The analysis was based on the following assumptions: • Existing Land Use Designation (RM): Two (2) Residential Units -Apartments (maximum allowed) • Proposed Land Use Designation (CC): 3,673 square feet of retail use - First Floor (maximum allowed) 11,019 square feet of office use - Second to fourth Floors (maximum allowed) Using the trip generation rates from Palm Beach County, a trip generation comparison analysis was undertaken between the existing and proposed Future Land Use Map designations uses. The traffic analysis has determined the traffic impact for the most intense use of the property under the current MD (Medium Density Residential) FLUM designation, and the traffic impact for the most intense use under the proposed CC (Commercial Core) FLUM designation. Table 3 indicates the difference in trips between the land use intensity under the current (RM) Future Land Use Map designation and the land use intensity under the proposed (CC) Land Use Map designation. TABLE 3 Proposed Hotel - Net Traffic Impacts Trip Generation Analysis Future Land Use Designation AM Peak Hour PM Peak Hour Daily I In Out Total In Out Total Current Land Use Designation Proposed Land Use Designation 14 432 1 26 4 5 5 31 1 0 14 38 1 52 Net New Trips 418 25 1 26 13 38 51 Table 3 above also indicates that the proposed land -use change is projected to generate approximately 418 new net Average Daily Trips (ADT), which equates to approximately 26 more A.M. peak hour trips, and approximately 51 new trips during the typical afternoon peak period, when compared against the maximum allowable development under the existing MD (Medium Density Residential) land use designation. Planning & Zoning Board Staff Report - Meeting of June 18, 2012 35 SW 10" Avenue FLU Amendment and Rezoning Page 5 The AM and PM peak hour trips were distributed throughout the road - network system located within a one -mile radius of the project site in order to determine if the new peak hour project trips are significant from a traffic engineering stand point. The proposed land -use change is not anticipated to significantly impact any roadway segment located within the project's radius of development influence. Therefore, the proposed land -use change is not anticipated to negatively affect the roadway network located within the project study area. Therefore, a positive finding can be made with respect to this level of adopted concurrency standard. Compliance with the LDRs in association with this FLUM amendment will be addressed during the site plan review and approval process Future Land Use Element - Goal Area C - Blighted areas of the city shall be redeveloped and renewed and shall be the major contributing areas to the renaissance of Delray Beach. By changing the Future Land Use Map designation to CC (Commercial Core) this parcel can be redeveloped with the adjacent commercial land use pattern thereby improving the quality of life in the currently dilapidated southwest area. The proposed West Atlantic Avenue hotel and parking lot area (lot 12) constitute a combined redevelopment proposal which in turn will improve the current market value of Lot 12, surrounding properties, and the overall neighborhood. Future Land Use Element - 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. The subject property (lot 12) is located in a blighted area. The CRA is putting together all efforts necessary along with a private developer to construct a hotel at the corner of SW I& Avenue and West Atlantic Avenue in a effort to improve the area by creating new jobs and new businesses_ This hotel will be the only hotel located between 1 -95 and Swinton Avenue. The subject property (lot 12) is required in order to locate the parking areas of the future hotel to the rear of the building while keeping the main building structure in close proximity to the West Atlantic Avenue r -o -w. This pattern of development will allow the creation of a vibrant pedestrian area along West Atlantic Avenue as required by the Delray Beach Downtown Master Plan. Future Land Use Element - Policy C -1.3 The City shall concentrate efforts in the heavy industrial and undeveloped areas along arterial roadways in order to provide a better image of the community. Such efforts should include; 1. Enhanced and continuous code enforcement, 2. Regulations which require heavy industrial uses to provide perimeter landscaping of their sites, 3. Owners of vacant property shall provide a landscaped appearance of their properties. Lot 12 initially contained a residential unit which was poorly maintained, and thus, several code enforcement actions were initiated by the City. The CRA decided to purchase lot 12 and demolished the single residential unit to eliminate code enforcement issues as well as to improve the area's aesthetics. The vacant lot 12 appears to be an appropriate site for the location of a commercial use along SW 10th Avenue and the West Atlantic Avenue arterial roadway. The development of lot 12 in Planning & Zoning Board Staff Report - Meeting of June 18, 2012 35 SW 10th Avenue FLUM Amendment and Rezoning Page 6 conjunction with the adjacent property to the north is required to locate the hotel parking area at the rear of the structure. This pattern of design will allow the provision of a visually attractive pedestrian street scape (along West Atlantic Avenue) and enhance and improve the quality and appearance of the West Atlantic Neighborhood and the City as a whole. Future Land Use Element - Policy C -1.5 The following pertains to the redevelopment of the West Atlantic Avenue Area: this area extends in a corridor along Atlantic Avenue eastward from 1 -95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini - parks, commercial uses along Atlantic Avenue and N.W. 5th Avenue, and scattered vacant parcels. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The plan establishes Future Land Use Map designations, zonings, special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment plan. Prior to the adoption of the West Atlantic Redevelopment Plan in 1995, the West Atlantic Redevelopment Area was designated or known as "Redevelopment Area #1" on the City of Delray Beach Future Land Use Map. This designation was intended to serve as a temporary "holding" category, until such time that the Redevelopment Plan was completed and permanent Future Land Use Map designations applied as it does now. Following adoption of the West Atlantic Redevelopment Plan in 1995, Comprehensive Plan Amendment 95 -2 was processed which established appropriate designations for all parcels in the Area. Thus, the Redevelopment plan calls for General Commercial Future Land Use Map designation for all those parcels located within approximately 300' north and south of West Atlantic Avenue. 35 SW 10th Avenue (Lot 12) is one of those parcels, and thus, the proposed Land Use Amendment and zoning designation for lot 12 meets the Goals, Policies and Objectives of the West Atlantic Corridor as well as the Future Land Use Map designation of the West Atlantic Redevelopment Plan. The proposed CBD zoning will meet the established development standards, and design guidelines for the West Atlantic Redevelopment Area. The proposed use and development for Lot 12 will be in accordance with the provisions of the redevelopment plan. By combining Lot 12 with the rest of the CRA owned property North of Lot 12, a more sustainable and stable commercial land use pattern will be generated. This amendment will allow the CRA to continue with its mandated role of improving the quality of life, and stimulate commercial businesses in the West Atlantic Avenue area. Future Land Use Element Objective A -1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations, is complimentary to adjacent land uses and fulfills remaining land use needs. The development of the site with a use allowed under the proposed CBD commercial zoning (Central Business District) is compatible with other uses in the neighborhood i.e. Atlantic Grove and Coda mixed use commercial, office and residential development. A commercial use of the subject property (parking lot) will provide a transition to the RM (Multiple Family Residential - Medium Density) zoning and single family residential area located to the south of the subject property. Compatibility with adjacent uses will be considered during the site plan review process and the requested rezoning of RM (Multiple Family Residential - Medium Density) to CBD (Central Business District) are not anticipated to negatively impact the existing land uses in the area. Planning & Zoning Board Staff Report - Meeting of June 18, 2012 35 SW 10th Avenue FLUM Amendment and Rezoning Page 7 Southwest Area Neighborhood Redevelopment plan: The Southwest Area Neighborhood Redevelopment Plan was part of an effort by community leaders and the City of Delray Beach to revitalize the City's neighborhoods and commercial districts. The plan seeks to identify the assets that will move the Southwest neighborhoods towards stability and stimulate private sector investment in the area. The area of the Southwest Neighborhood Redevelopment Plan is bounded by West Atlantic Avenue at the north. The western limit is Interstate 95 and the eastern limit is Swinton Boulevard. The southern limit begins at the intersection of 1-95 and W 10th Street, turns south at SW 8th Avenue, turns east at the southern boundary of Ridgewood Heights subdivision to SW 0 Avenue, and continues east along Southridge Road to its intersection at Linton Boulevard. The plan highlights in its key findings the following issues: 1. The needed effort to redevelop the West Atlantic Avenue business district in order to improve existing economic conditions and overall livability conditions in the adjacent neighborhoods; 2. A substantial number of vacant parcels exist in the study area, creating opportunities for infill re- development; 3. There are also a large number of vacant lots in the area targeted for redevelopment, including several properties owned by the CRA; 4. The proximity of the area to the downtown business district, major transit corridors, and the beach are extremely positive factors as a potential to attract economic investment. Creating a proper transition between the intense commercial activity proposed for West Atlantic Avenue and the surrounding residential neighborhoods is extremely important; The proposed FLUM and rezoning of the subject property (lot 12) to be used as far of a future hotel development along West Atlantic Avenue responds to the key findings of the redevelopment plan because: 1. It will Improve the existing economic conditions and overall livability conditions in the adjacent southwest area neighborhoods; 2. It will stimulate the demand for further economic commercial and retail investment creating more opportunities for infill re- development; 3. Lot 12 itself and all other lots to the north of lot 12 are owned by the CRA which is taking the initiative in creating an opportunity for infill re- development; 4. The proposed accessory parking use will create the proper transition between the intense commercial activity proposed for West Atlantic Avenue and the surrounding residential neighborhoods of the southwest area. The subject property (lot 12) and all other lots to the north of lot 12 (owned by the CRA) are located within what is known as the Northwest Quadrant of the Southwest Area Neighborhood Redevelopment Plan. The northwest Quadrant is bounded by Atlantic Avenue on the north, SW 3rd Street on the south, Interstate 95 on the west and SW 8th Avenue on the east. The plan for this area calls for substantial redevelopment of property north of SW 2 "d Street to include neighborhood - oriented retail and office uses, multi - family apartment buildings and a mix of courtyard apartments, townhomes development. Traditional features of town design, such as buildings at the street line, parking areas at the rear of the structures, and prominent public spaces, are introduced in the plan to enhance neighborhood character and help create a sense of place. The requested FLUM amendment and rezoning of lot 12 in order to be incorporated as part of a hotel development that will place part of its parking requirement on lot 12, indicates that the hotel parking Planning & Zoning Board Staff Report - Meeting of June 18, 2012 35 SW 10th Avenue FLUM Amendment and Rezoning Page 8 will be located to the rear of the main hotel structure. This also indicates that the main hotel building will be located in close proximity to West Atlantic Avenue r -o -w., which will generate a vibrant pedestrian flow along the West Atlantic Avenue corridor. The hotel will be a transitional use into the residential areas located to the south of the subject property. In addition, a hotel development at this location will enhance the southwest neighborhood character and help create a sense of place. It will also generate stability and sustainability by the creation of new jobs and stimulation of the private sector investment in retail and commercial activity along the West Atlantic Avenue Corridor. All of the above arguments indicate that the requested rezoning and FLUM amendment for lot 12 is in compliance with the goals, findings, and recommendations of the Southwest Area Neighborhood Redevelopment Plan. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application /request. The applicant has indicated in the rezoning application that the development proposal that will follow FLUM amendment and rezoning request is a hotel development. This kind of facility may very well act as a catalyst to incentivize and boost the economy of the West Atlantic Avenue corridor by creating new jobs and attracting new commercial investment. A facility of this type will not have a negative impact with respect to concurrency as it relates to traffic, parks and recreation, solid waste, drainage or schools. While specific findings will be made with future development approvals of the site plan review process, Appendix "A" includes a brief discussion of concurrency findings as these relates to the rezoning request. COMPATIBILITY: The requested designation will be compatible with the existing and future land uses of the surrounding area. As demonstrated in the following "Rezoning Analysis' section, the requested rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District) will be compatible with the existing and future land uses of the surrounding area. The proposed hotel development allowed under this zoning category will be compatible with the surrounding developments of Atlantic Grove Mixed use commercial, office and residential development located at the northeast and northwest comer of West Atlantic Avenue and NW 4th Avenue, and Coda also mixed use commercial, office and residential development located at the southeast corner of SW 13t Street and SW 2nd Avenue. The proposed rezoning will be compatible with the adjacent multiple family and single family residential areas located to the west and east of the subject property if proper buffering is provided with the site development plans. There are several examples throughout the City of Delray Beach where CBD (Central Business District) commercial property directly abuts single family and multiple family residential areast. These two land uses are both compatible and complimentary in that the commercial uses provide necessary goods and services for residential neighborhoods. In this particular case the provision of new jobs will be a plus for the adjacent residential areas. Thus, compatibility is not a concern with this rezoning proposal since it will not negatively impact the existing and future uses in the area nor will it negatively impact the pattern of development of the neighborhood if proper buffering is provided. Planning & Zoning Board Staff Report - Meeting of June 18, 2012 35 SW loth Avenue FLUM Amendment and Rezoning Page 9 REZONING ANAIL SIS. Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Required Findings" section of this report. Compliance with the Land Development Regulations with respect to "Standards for Rezoning Actions and Rezoning Findings" are discussed below. Section 3.2.2 (Standards for Rezoning Actions): Standards "A", "B ", "C ", and "E" are not applicable with respect to this rezoning request. An evaluation of the applicable standards is discussed below: 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 rezoning 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 I -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 properly mitigate adverse impacts from the new use; and 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. 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. The following table identifies the zoning designations and uses that are adjacent to the subject property: Planning & Zoning Board Staff Report - Mewing of June 18, 2012 35 SW 10'" Avenue FLUM Amendment and Rezoning Page 10 t Adjacent Zoning: Adjacent Land Uses: North CBD (Central Business District) Vacant Lot owned by the CRA West RM (Multiple Family Residential - Multiple Family Building part of the Atlantic Medium Density) Gardens Subdivision East RM (Multiple Family Residential - A Single Family Home part of the Belair Heights Medium Density) Subdivision South RM (Multiple Family Residential - Vacant Lot owned by the CRA Medium Density) The CBD (Central Business District) zoning will allow additional options on the property including the construction of a hotel and retail /commercial development which will provide service for visitors and tourist visiting the City of Delray Beach as well as new jobs for the adjacent residential areas. In addition, the operation of the future hotel development will enhance the subject property comparatively with the existing dilapidated sites. The development proposal will not hinder development or redevelopment of nearby properties if appropriate buffers are provided during site development. The existing adjacent land uses will not be negatively impacted by the uses allowed under the CBD zoning designation. indeed the proposal for hotel development in the area will better the image of the City and incentivized the local economy to attract new commercial and retail investment. LDR SECTION 2.4.5(D)(5) - REZONING FINDINGS: Pursuant to LDR Section 2.4.5(D)(5), in addition to provisions of Chapter 3, the City Commission must make findings that the rezoning fulfills at least one of the reasons listed under Subsection (2): (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 applicable findings for which the rezoning should be granted, relates to items "b" and "c" identified above, indicating that there has been a change in circumstances which make the current RM (Multiple Family Residential - Medium Density) zoning inappropriate. The CRA is planning to develop a hotel at the corner of West Atlantic Avenue between SW 10th Avenue and SW 9th Avenue. The hotel site will measure 2.3 acres (including the subject property Lot 12) and will contain several lots located to the north of lot 12. The future hotel site is currently zoned CBD and is surrounded by commercial sites also with CBD zoning. The Southwest Area Redevelopment Plan calls for traditional features of town design such as buildings at the street line, parking areas at the rear of the structures, and prominent public spaces. The plan also calls for substantial redevelopment of property between SW 2nd Street and West Atlantic Avenue with retail and office uses. The development of this lot under CBD zoning would be consistent with the Southwest Area Redevelopment Plan. Lot 12 will be part of the rear parking area of the hotel which means that the hotel structure will front on West Atlantic Avenue as required by the Southwest Area Redevelopment Plan. Planning & Zoning Board Staff Report - Meeting of June 18, 2012 35 SW 10th Avenue FLUM Amendment and Rezoning Page 11 The Redevelopment Plan also calls for commercial zoning designation for all those parcels located within approximately 300' north and south of West Atlantic Avenue. 35 SW 10th Avenue (Lot 12) is one of those parcels located within approximately 300' south of West Atlantic Avenue, and thus, the proposed Future Land Use Amendment and zoning designation for lot 12 meets the Goals, Policies and Objectives of the West Atlantic Corridor as well as the Future Land Use Map designation of the West Atlantic Redevelopment Plan. Thus, the requested zoning will be of similar intensity as allowed under the Future Land Use Map and will be more appropriate for the subject property based upon the particular commercial characteristics of the West Atlantic Neighborhood and the close proximity of Lot 12 (less than 300') to the West Atlantic Avenue Corridor. The requested CBD (Central Business District) zoning is complimentary to and compatible with the surrounding and adjacent properties. Compatibility with adjacent neighborhoods will be addressed during the site plan review process. The requested CBD zoning will enhance compatibility and will not have a detrimental impact in the existing zoning and development pattern of the area. . , . ' REVIEW BY':OTHERS Community Redevelopment Agency (CRA): At its meeting of May 24, 2012, the Community Redevelopment Agency (CRA) reviewed the development proposal and recommended approval of the privately initiated FLUM amendment and rezoning. Downtown Development Authority (DDA): The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority). Courtesy Notices: A special courtesy notice was provided to the following homeowners and/or civic organizations: • Neighborhood Advisory Council • Lincoln Park • Atlantic Park Garden • Delray Citizen's Coalition • West Side Heights Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. 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. ASSESSMENT AND CONCLUSION The requested Future Land Use Map designation from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District), for the subject property (lot12), is to allow development of the site as a Planning & Zoning Board Staff Report - Meeting of June 18, 2012 35 SW 10`x' Avenue FLUM Amendment and Rezoning Page 12 rear parking area as part of a proposed hotel development located to the north. Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions) and LDR Section 2.4.5(D)(5)(Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. _RECOMMENDED ACTIq:NS A. Move a recommendation of approval to the City Commission for the privately initiated Future Land Use Map amendment from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), 2.4- 5(D)(5)(Rezoning Findings). B. Move a recommendation of denial to the City Commission for the privately initiated Future Land Use Map change from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District), 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 LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), 2.4.5(D)(5) (Rezoning Findings). STAFF' RECCOMMENDATIONS Move a recommendation of approval to the City Commission for the privately initiated Future Land Use Map change from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District), by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 3 -1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), 2.4.5(D)(5)(Rezoning Findings). Staff Report Prepared by-. Estelio Breto, Senior Planner Attachments: ■ Zoning District Map Exhibits ■ Future Land Use Map Exhibits ■ Survey Planning & Zoning Board Staff Report - Meeting of June 18, 2012 35 SW 10th Avenue FLUM Amendment and Rezoning Page 13 Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: The site is already served by water and sewer service. Municipal water service is available via connection to an 8" water main located on the east side of SW 10th Avenue r -o -w. Fire protection is provided by one fire hydrant located on the southeast side of SW 1 �t Street and SW 9th Avenue. Additional fire hydrants located closer to the subject property will be considered as part of the site plan review approval process. Sewer service is available to the site via connection to an existing 8" sewer main which is located along SW 10th Avenue r -o -w. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build -out. The Comprehensive Plan also states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build -out population based on the current FLUM. This FLUM change will not significantly increase the demand on these services. Thus, a positive finding with respect to this level of service standard can be made. Streets and Traffic: The applicant has indicated that a traffic impact analysis has been conducted by Traffic -Tech Engineering to determine the change in traffic patterns resulting from the proposed amendment of the Future Land Use Designation and rezoning for the subject property. The report has determined the traffic impact for the most intense use of the property under the current MD (Medium Density Residential) FLUM designation, and the traffic impact for the most intense use under the proposed CC (Commercial Core) FLUM designation. The results of the trip generation comparison analysis between the existing (RM) and proposed (CC) land use designations are shown in Table 3 below. TABLE 3 Proposed Hotel - Net Traffic Impacts Trip Generation Analysis Future Land Use Designation AM Peak Hour PM Peak Hour Daily In Out Total In Out Total Current (Maximum Intensity) Proposed (Maximum Intensity) 14 432 1 26 4 5 5 31 1 14 0 38 1 52 Net New Trips 418 25 1 26 13 38 51 The traffic report indicates that the proposed land -use change is projected to generate approximately 418 new net Average Daily Trips (ADT), which equates to approximately 26 more A.M. peak hour Planning & Zoning Board Staff Report - Meeting of June 18, 2012 35 SW 10u' Avenue FLUM Amendment and Rezoning Page 14 trips, and approximately 51 new trips during the typical afternoon peak period, when compared against the maximum allowable development under the existing land use designation. The new AM and PM peak hour trips were distributed throughout the road- network system located within a one -mile radius of the project site in order to determine if the new peak hour project trips are significant from a traffic engineering stand point. As documented in Table 3 above, the proposed land -use change is not anticipated to significantly impact any roadway segment located within the project's radius of development influence. Therefore, the proposed land -use change is not anticipated to negatively affect the roadway network located within the project study area. Therefore, a positive finding can be made with respect to this level of service standard. Parks and Open Space: Park dedication requirements do not apply for non - residential uses. However, there will be an impact fee of $500 per room which will equate to a total of approximately to $59,000 dollars (500 x 118 rooms = 59,000). 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J. 2 D CT vi mi A V E N U E no -- DIGITAL BASE MAP SYSTEM -- MAP REF: S. \Planning & Zoning \DBMS \File— Cab \Z —LM 1001- 1500 \LM1337 -35 SW 10th Avenue Zoning N SUBJECT PROPERTY 35 SW 1 OT H AVENUE PLANNING AND ZONING DEPARTMENT cur ZONING MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S. \Planning & Zoning \DBMS \File— Cab \Z —LM 1001- 1500 \LM1337 -35 SW 10th Avenue Zoning � PRIMEMMAGEMENWGROUP A PRI NE Group d (-wftP;die4 July 26, 2012 City Clerk City of Delray Beach 100 NW Is' Avenue Delray Beach, FL 33444 -RE. ,ieconsfderiftion of Ord. 19-12 FL U `IRezoning Requesi To whorn, it may concern, The above mentioned land use plan amendment and rezoning request was heard at the City Commission meeting on July 17, 2012. At the hearing, the ordinance was pot approved due to lack of'a 2" by a Commissioner fox the motion to a1;pp:roerc by (lie Vice Mayor. We are requesting this item be placed on the August 7`i`, 2012 C'.ommission meeting for reconsideration by the Commission io approve the ordinance. This direction - was provided to us by the City Attorney. Please let us know if we need to provide additional adveitising fees and mailing labels. Sincerely, Mayer S. Abbo For Prime Management Group -4451 Sheridan Street, Suite 480, Hollywood, l'loride 33421 Tel®phone(434)392- 8788.13xt.316 - Patsimile(454)392 -8748 www.primegroui)Ais.com HSQ GROUP INC. gineers - Planners - Surveyors G R 0 U iP Boca Raton, TL. 33486 (561 ) 392 -0221 Phone - (561 ) 392 -6458 Fax July 27, 2012 City Clerk City a' Delray Beach 100 NVV 1 ST AVENUE' DELRAY BEACH, FL 33444 RE: 35 SW ,loth Avenue — Land use amendment and rezoning reconsideration Lot 12, Block 1, Belair heights plat HSQ Project Number: 1204 -15 To whom it may concern: Please find attached a letter from Prime Management Group requesting the Land use and rezoning ordinance (Ord. 19 -12) be reconsidered by the City Commission for approval. Per our discussions with City staff we are requesting to be placed on the August 7, 2012 Commission meeting. Sincerely, HSQ GROUP, INC. T-11 sj Cute.- Jay Huebner, P.E., A.I.C.P., LEER AP Agent for applicant. N'ECEN-t-) JUL 2:7 2012 ITT CLERK 1sT AVENUE| � � � w Mill I mill MIS1900 11111mi SUBIECT PROPERTY 35 SW 10TH AVENUE PLANNiNG AND ZONING DEPAR-WENT LOCATION MAP ST. | rr | D y �0 o a"< Sz M� _ e � tl�1 vxix�4 0 +ri z A a� 10 © g v Or•n,�+ n aTy°nom F I"m T ..a 7Cav °a ts' ALLEY HUfa zra'oi m < PM PLAY sn$�g1 A �mmr rii� i 091 t,� 0 x -C ctia S'+� >ati Ca ca �:- •"rimLm�Y m-I a.�m`xriA [A Ali P efb n'3gma � o N tr a .• m$ti- ->a$ -a A,'o z� Aga„ A� -•a b �s '{1 uC•o°�.m m •c 1 1�f �a Wo W mgq ,�vx _n3c''�'c� .o, �._ �r1 $o u o °n.•A ° �° Ko °a S 4 o aa� gg"° Lj"m��i' Zl a •- .'•ao2 f.., o•n O� cA c k Rg�m o c �TY, m ? ^° n Pi Eg p mS� 1 rnSAwS° °� oT� p,0 trN �r'OC �gS'A ms�o 3 am'ogm�µ c gam., oc N °�R3omt pi oo yt"• 7Q�..9'FG S. +. o�m N ry R�"pYy ° �s qo x oo ff. = a^- it � R'� a cn a& c yq 50' R&NT =OF &AY PER PLAT pe e SW 10th AVENUE �� N bb'SY01° [_ S6S6S (P) 653.76` {US] - Y -W ASPHALT PAVEMENT o i...'. s. ° 5 fir. r,.vx y— :% An o � v' -[p - J .4 y ITT w 10 0 °a ts' ALLEY a PM PLAY •^��p x x � ctia S'+� >ati Ca ca �:- •"rimLm�Y m-I a.�m`xriA [A Ali -'lv efb .a6`�oc�i°@. S�'a.•I�on w °a ts' ALLEY a PM PLAY •^��p cim ctia S'+� >ati Ca ca �:- •"rimLm�Y m-I a.�m`xriA [A N -'lv efb .a6`�oc�i°@. S�'a.•I�on m$ti- ->a$ -a A,'o z� Aga„ A� -•a b � '{1 uC•o°�.m m •c 1 1�f �a Wo W mgq ,�vx _n3c''�'c� .o, �._ �r1 $o u o °n.•A ° �° Ko °a 38ro8 � gg"° Lj"m��i' Zl a •- .'•ao2 f.., o•n O� cA .°��r9'u'°j� °O -�o' ,o.,ngQ•« o c �TY, m ? ^° n Pi Eg p mS� �n �x �- �m.mN S' e•�R�� O$ » °'M1 wn�m3."Cn��D p,0 trN �r'OC �gS'A Qua �O J flop 1�6t 3 am'ogm�µ c gam., oc N °�R3omt pi oo yt"• 7Q�..9'FG S. +. o�m N ry R�"pYy ° �s qo x oo ff. = a^- it � R'� a cn a& c yq //A i LIOVVN'ct1WN Y-19 LVE 1-0 13 NJ NT rI l) nr ; .!?il'i�at:111B'e1t City of Domy ftnell. Florida Downtown Del rayBeach.corn BOARD OF DIRECTORS Seabron A. Smith Chairman August 13 2012 TED Center AUG 16 1p�p CITY COMMISSION Diane Franco Vice- Chainnan Delray Beach Mayor and Commissioners DIMLO Properties, LLC City of Delray Beach David Cook 100 NE 0 Avenue Treasurer y Delra Beach FL 33444 � Hand's Stationers Albert Richvragen Secretary Richwagen's Bicycles Dear Mayor and Commmissioners: Bonnie Beer Caffe Luna Rosa It has come to the attention of the Delray Beach Downtown Development Authority (DDA) that the proposed hotel on West Atlantic will again come Ryan Boylston Futurlsticwoo before the City Commission on August 21, 2012. Nancy Steviart- Franczak Avenue Creative Group At that time there will be a request to reconsider Ordinance 19 -12, "Consider. Future Land Use Map amendment for MD (Medium Density Residential 5 -12 du/ac) to CC (Commercial Core) and rezoning from RM (Medium Density Residential) to CBD (Central Business District) for a vacant parcel located on the east side of S.W. 10 "' Avenue approximately 391 feet south of West Atlantic Avenue at 35 S.W. 10 " Avenue ". The Delray Beach Downtown Development Authority (DDA) Board agreed at the August 13, 2012 Board Meeting to urge you to vote in support of rezoning this parcel of property for commercial use thus allowing the hotel development to move forward. We believe the hotel will be a great benefit to Delray Beach not only as it will locate just off I -95 as an anchor for West Atlantic Avenue but also financially bringing revenue to the City as well as tax dollars. We thank you in advance for your support of this project. Delray Beach Downtown Development Authority C,kw G Seabron A. Smith, Chairman 85 SE pith Avenue, Suite 103, Delray Beach. Ft. 33483 > (561) 243 -1077 Fax: (561) 243 -1079 Smith, Douglas From: Goldman, Jeffrey Sent: Thursday, August 09, 2012 4:01 PM To: Smith, Douglas Cc: Strianese, Anthony Subject: W. Ad Hotel Doug -Here is a quick little statement that Chief and I are comfortable with pertaining to the hotel that possibly could be built on West Atlantic Ave: If you need anything else please let me know. Thanks. Jeffrey S. Goldman Assistant Chief of Police 300 W. Atlantic Ave Delray Beach, 1=1 33444 Email: oldman' m delra beach.com Web: www.rnydeiraybeach.com or Delray Beach Police 2415' Session Serving with P.R.i.D.E. Professionalism, Respect, Integrity, Diversity and Excellence I -95 Corridor Hotels Crime /Calls for Service From January to June 2012 West Palm Beach Days Inn 2300 45 St (I -95/45 St) Calls. for Service 62 Total • 8 Disturbances • 7 Unwelcome Guests • 6 Civil • 6 Loitering • 5 Suspicious Persons • 5 Assaults • 3 Trespassing • 2 Recovered Stolen Vehicles • 2 Vehicle Burglaries • 2 Thefts • 2 Lost /Found Property • 2 Suspicious Incidents • 2 Vehicle Impounds • 1 Stolen Vehicle • 1 Suspicious Vehicle • 1 Suicide • 1 Rape • 1 Neighbor Complaint • 1 Robbery • 1 Fraud • 1 Prostitution • 1 Recovered Missing Person Page 1 of 5 • 1 Property Damage . .................................. ............................... . Homewood Suites 2455 Metrocentre Blvd (I -95/45 St) Calls for Service 9 Total • 2 Stolen Vehicles • 2 Disturbances • 1 Burglary • 1 Assault • 1 Domestic • 1 Vandalism • 1 Unwelcome Guest Red Roof Inn 2421 Metrocentre Blvd (I -95/45 St) Calls for Service 56 Total • 11 Unwelcome Guests • 9 Disturbances • 5 Suspicious Persons • 5 Civil • 3 Impounded Vehicles • 3 Assaults • 3 Trespassing • 2 Thefts • 2 Narcotics Complaints • 2 Suspicious Vehicles • 2 Burglaries • 1 Threats • 1 Stolen Vehicle • 1 Abandoned Vehicle • 1 Fight • 1 Juvenile Complaint • 1 Drunk Pedestrian • 1 Vehicle Burglary Page 2 of 5 • 1 Death • 1 Lost /Found Property ...._ . .................. _.... Residence Inn 2461 Metrocentre Blvd (I -95/45 St) Calls for Service 5 Total • 2 Vehicle Burglaries • 1 Suspicious Person • 1 Domestic • 1 Lost /Found Property Page 3 of 5 Hollywood Comfort Inn 2520 Stirling Rd Calls for Service 35 Total • 10 Disturbances • 9 Thefts • 6 Vehicle Burglaries • 3 Auto Thefts • 2 Suicides • 2 Drunk Pedestrians • 1 Prostitution • 1 Threats • 1 Trespassing Hampton Inn 2500 Stirling Rd Calls for Service 6 Total • 2 Drunk Pedestrians • 2 Thefts • 1 Vehicle Burglary • 1 Prostitution Page 4 of 5 Boca Raton Embassy Suites 661 NW 53 St (I -95 /Yamato Rd) Part I Crime 1 Total • 1 Theft Guest Suites 701 NW 53 St (I -95 /Yamato Rd) Part I Crime 1 Total 1 Theft SpringHill Suites 5130 NW 8 Ave (I -95 /Yamato Rd) Part I Crime 1 Total 1 Theft Page 5 of 5 Prime Group 4651 Sheridan Street Suite 480 Hollywood, FL 33021 CITY OF HOMESTEAD POLICE DEPARTMENT 4 SOUTH KROME AVENUE • HOMESTEAD, FLORIDA 33030 TELEPHONE: (305) 247 -1535 • FAX: (305) 247 -1894 • WEB: http://ci.hoinestead - l -its ALEXANDER E. ROLLE, JR., Chief CAPTAIN ANGELA WASHINGTON, Administrative Division CAPTAIN WILLIAM REA, Special Services CAPTAIN KEVIN KENT, Investigative Services CAPTAIN MALLIE GRAHAM, Community Services August 6,2012 Re: Hampton Inn & Suites and Courtyard Marriott at Villa Portofino East in Homestead, FL To Whotn It May concern: Please be advised that we have reviewed the records for the last three years of the Hampton Inn & Suites and Courtyard Marriott hotels situated at the NE corner of the Florida Turnpike and Campbell Drive in Homestead, Florida. We can verify that there have not been any major incidents of crime since the opening of the establishments and there are no security concerns. The addresses of the above mentioned properties are as follows: Marriott Courtyard Homestead 2905 NE 91h Street Homestead, Florida 33033 Hampton Inn & Suites Miami- South/Homestead 2855 NE 9'h Street Homestead, Florida 33033 Please feel free to call me if you have any questions or concerns. Ver truly rf LJ [�." Captain William Rea "Committed to Continu city Service" ,m A> Greater Delray Beach Chamher of Commerce August 3, 2012 Delray Beach Commission City of Delray Beach 100 NW 15L Avenue Delray Beach, Florida 33444 Dear Delray Beach Commissioners: The Greater Delray Beach Chamber Of Commerce is the largest business organization promoting free enterprise in Delray Beach. We wish to express our endorsement and support of the proposed western Atlantic Avenue Hotel project. Prime Investors & Developers Inc., the developer of the project, proposes to locate a Marriott brand "Fairfield Inn & Suites" on property owned by the Community Redevelopment Agency (CRA) on western Atlantic Avenue between SW 9th & SW 10`h Avenues. This resort style hotel will be a four story property with pool, fitness center, meeting space and an expected 30 + new jobs. We believe this project will have the following beneficial impact to Delray Beach and the western Atlantic Avenue community: • Demonstration of the economic recovery through new construction • Assisting to revitalize the business community in the western Atlantic Avenue neighborhoods • Encouragement and stimulated growth of existing local businesses • Provision of new job opportunities • Offering much needed meeting space for business and civic functions This project will further provide the following positive economic impact: • A regional impact of approximately $14,700,000, according to the US Department of Commerce Bureau of Economic Analysis. • An estimated local impact of over $900,000 during the next 10 years, and over $5,000,000 in a period of 40 years, in addition to land payments to the CRA. • A projected annual income revenue to the City of Delray Beach from all sources related to this project of $27,760 per year. We believe the developer has addressed the concerns of public safety. At a recent Chamber Economic Development Committee meeting, the Delray Beach Police Department stated support for this project and look forward to working with the developers. The Chamber joins with the West Atlantic Redevelopment Coalition, the CRA, Economic Development Director Vin Nolan, and the Delray Beach Police Department in supporting the request for a zoning change to bring this positive economic development project to Delray Beach. We heartedly request your support of the zoning change in this matter. Respectfully Submitted, Board of Directors Greater Delray Beach Chamber Of Commerce WEST ATLANTIC AVENUE HOTEL DELRAY BEACH, FLORIDA PRESENTATION FOR THE r• PRESENTED BY PRIME INVESTORS & DEVELOPERS I i ; M - c P's, W, A.7 «� i 1 P'f G ' Capi �i4 " ': rte' �• i� ��a,"� k t .:,• •J � _�_._. .ter'_" a'' ,�.`:� � ' � � , I 7' 1i i� � 1 iqF�,., 1'��i1�'! _: i4 :.i X7',7 •wywr r- -s• V * r, • .7 AM& *0t ytiy,r 1 iii fit' a�i p'f y _ � phi. • '� � Y EMS .:�: Mo. to 6) a2 W- rq ML Your Neighborhood WEST ATLANTIC AVENUE HOTEL DELRAY BEACH, FLORIDA Fairfield Inn & Suites - Marriott's Most Affordable Luxury Brand New, Four Story Hotel on West Atlantic Avenue. • Up to 128 Rooms • Resort Style Swimming Pool & Fitness Center • Meeting Room for Guests and the General Public. • Approximately 32 New Jobs • Local Sourcing of Jobs • Increased Business for our Neighbors :;� -� - - - _. _ ..�� .. _ _ .. .. .. ��nnninin- � -r M z C M PROPOSED SITE WEST ATLANTIC AVENUE -110 kR M M IJ LL4 OIL ATtist's conception. All plans and designs are preliminary. All plans are subject to approval by Marriott and Muni HPIMAL Als 2� GROUND FLOOR PLAN WEST ATLANTIC AVENUE I SR 808 7? LOWY r I, Ax- '—pq TYPICAL FLOOR PLAN -6- - - - - - - - - - - - - - - - - - - - L= Li --Lj Li Lr- -4 r—F =77 T—F 7-7 r—F CLL% rc,ly r O 9-1 T—F 9-7 < X lu What Does This New Hotel Mean For The Community? • New Construction to Help Area Economic Recovery • A Great Place for Guests and Local Business • Help to Revitalize West Atlantic Avenue Neighborhood • Meeting Room and Moderate Price Helps Area Business, Church and Civic Functions • Stimulate Existing Local Businesses • Create New Local Job Opportunities • Bring Affordable Balance to the Delray Hotel Market with a Nationally Recognized Brand • Increased Security Efforts �'-- Sa�c::.:�iL �....` � - y r, -fir_ .�cm -r «rc -.�� —_ •..ars�a��-aa9 141M G:�IS�� =T� Security Features • We will be dedicated to taking all necessary precautions to efficiently carry out a proper risk management safety and loss prevention plan. • The parking area will be: 1. Fenced with decorative piers 2. Secured with an entry control device for guest access only 3. Well lit as per all city photometric requirements and national hotel brand standards 4. Secured with personnel in the evenings 5. All of the hotel exterior access doors will be closed in the evenings allowing access via card key for guests only 6. All hotel points of entry will be monitored by cameras • We will continuously work hand in hand with the Delray Beach police department in the design of the parking areas, general site design, as well as all operational safety protocols. .. -- - _ .:�:... �:._.:.`'F =`�c� '�" +�` � �.�.. =� �'�= _x�i"`" -+'ice ��.��...,� -�., . _.� _ _ -- • - ...,.._..r - � .i: �.: m - 5 4r CITY OP HOMESTEAD POLICE DEPARTMENT 4 SOUTHKROMC AVENUE - HOMESTEAD, FLORfDA 33030 TELEPHONE: (305)247- 1535.• FAX: (305) 247 -1894 � WED:Altpolci.LarnesteaA�r.ris ALeXANDMt E. ROLLtt,,11L, Gdef CAPTAIN ANGOLA WAStIINGION,Adrnitlistrathre Division CAPTAIN WILLIAM REA, Spmial Seroi {es CAPTAItJ KEVIN KENT, InvesUgnlive Services CAITAINMALLIR GRAHAM, GurvytvrilyServices August 6,2012 Prime Group 4651 Sheridan Street I r Lit mJ Y^ r T474 Utilities Road Sheriff of Charlore County y< Puna Gorda, Florida 33992 (9-11) 639.2101 August 16, 2012 Prime Group 4651 Sheridan Street Suite 480 Hollywood, FL 33021 46—records for the last three years of the Hampton Inn & Suites and Courtyard Marriott can verify that there have not been any major incidents of crime since the opening of the establishments -19 vice is of Sleep Im & Suites 806 Kings Highway Please be advised that we have reviewed the records for the last three years or the Hampton Inn & Suit" and. Port Charlotte, FL 33930 Courtyard Marriott hotels situated at the NE comer of ilia Florida Turnpike and Campbell Drive in Homestead, Florida. We can verify tint there have not been any major incidents of crime since die opening of One establishments and there are no security concerns, The :addresses of the above mentioned properties are follows; Please feel free to call or e-mail me if you have any questions or concerts. Marriott Courtyard Homestead 2965 NE 9`s Street Homestead. Florida 33033 44 ... from May 26, 2010 to AL1gUSt 15, 2012 ... we can verify there have not been .Hampton Inn & Suites Miami- SoutwHomestef 2855 NE 94 Street EoScstend. Florida 33033 any major incidents of crime since the opening of these establislunents ... 59 Please feel free to call me if-you have anyquet Ik V" ,4 +� U. .uAF 1 t . f QY A '9 TIA:-.. 11 1L � All L • Designed to enhance the neighborhood ` • Contemporary looks 'E r both day and night -'" • Enhanced arrival experience • Improved guest rooms • Welcoming decor MV The Corner Market and Front Desk 7: T Z� • Conveniently located • Offers guests 24/7 access to food and beverage • Friendly, warm and welcoming • Facilitates guest interaction and service • Lighting for time- appropriate moods throughout the day wt's concr n. All plans and designs are preliminary. All plans are subject to approval by Marriott and Municipality. The Living Zone • Standing and seated internet stations • A place to provide local knowledge 3. -_ - - -- -- _ _ %& -� x 0 7J -� f -� + • ` 'fir ,-:'!!� • Large windows allow natural light to flood the space �' , • • • Signature sofa and lounge chairs bcrtist's ption. All plans and designs are preliminary. All plans are subject to approval by Marriott and Municipality. Breakfast Seating Area /Buffet Flexible connectivity for guests to enjoy anytime • Communal table where guests can watch TV, meet with colleagues or get work done • Comfortable, bright, and colorful • A variety of seating options _' Artist's conception- All plan's and designs are preliminary_ Al( i to:apAroral_ta� Mrri,#I:�nl Muruc.�lity. _A il Fairfield Signature "Smart" Room • Flat screen TV on a swivel base • Work space that includes an all -in -one wall unit • Desk provides flexibility to create your own work environment • Improved lighting & ergonomic chair Artist's conception. All plans and designs are preliminary. All plans are subject to approval by Marriott Arid Municipality i • Carpet, fabrics, and wall finishes feature organic patterns and fresh colors • Case goods feature a blending of wood tones • The bath is bright, spacious, and contemporary W3 ''t,i� ECONOMIC IMPACT FROM DEVELOPMENT OF WEST ATLANTIC AVENUE SITE A. TOTAL REGIONAL IMPACT FROM CONSTRUCTION IS APPROXIMATELY $14,700,000 Source: US Department of Commerce Bureau of Economic Analysis; RIMS Multiplier 2.01513 B. REVENUE IMPACT TO THE DELRAY BEACH CRA During the initial 10 years approximately $ 900,000 and, during a 40 year period over $5,000,000 PLUS Land Payments to CRA C. REVENUE IMPACT TO THE CITY ANNUAL REVENUES TO THE CITY OF DELRAY BEACH Category Amount Ad Valorem Taxes $ 3,496 Utility Taxes $ 8,342 Franchise Fees $ 5,160 Communications Service Tax $ 2,321 Water and Sewer Charges $ 4,300 Storm water Fee $ 1,265 Solid Waste Fees $ 2,876 TOTAL $27,760 Sources: US Department of Commerce, Palm Beach Tourist Development Council, PMG Associates, Inc. Report dated April 2011. D. IMPACT ON THE LOCAL ECONOMY SUMMARY OF ANNUAL IMPACTS TO THE LOCAL ECONOMY Category Direct Impacts Indirect Impacts Total Impacts New JOBS 32 28 60 Room Revenue $2,934,482 $2,532,165 $5,466,647 Other Visitor Spending $3,559,130 $3,071,173 $6,630,303 Bed Tax $ 146,724 $0 $ 146,724 Sales Tax $ 389,617 $0 $ 389,617 TOTALS $73029,953 $516035338 $12,633,291 Sources: US Department of Commerce RIMS multiplier 1.8629, Palm Beach Tourist Development Council, PMG Associates, Inc. Report dated November 2011. south f lorida - :�cmbe Employ Florida Robert Sewell PhD 140 NE 8th Street Homestead, Fl 33033 May 24, 2012 Edgardo Rodriguez General Manager Courtyard Marriott Miami -South / Homestead 2855 NE 9th Street Homestead, FI 33033 Dear Mr. Edgardo Rodriguez: Please find attached summary of our joint efforts in connection with our commitment to continue assisting Prime Hotel Group in the launching of new properties within our service area. As you are aware, these endeavors to participate in the resource selection and staffing of your properties have proven to be beneficial to our job seekers, the community and we welcome the opportunity to continue providing world -class customer service to support your expected growth for months to come. We trust that this relationship has also been mutually rewarding for you also. We continue to be available within minutes to assist you in all future endeavors. Thank -you for this valued partnership. Robert Sewell, PhD Employer Consultant F- PRIME HOSPITALITY GROUP IS POSITIONED TO PROVIDE FULLTIME EMPLOYMENT TO JOB SEEKERS IN THE HOMESTEAD /FLORIDA CITY JOB MARKET A joint recruitment partnership between Prime Hospitality Group and South Florida Workforce's Homestead Career • Center that is operated by Youth Co -Op has again positively impacted the lives of families and visitors to the local market with the addition of the new 100 -room Courtyard by Marriott scheduled to open June 18, 2012. Over the course of the last 60 days several job recruitments, panel interviews and a number of pre- screening sessions have resulted in moving a number of families to a level of self sufficiency. The Management Team led by Mr. Edgardo Rodriguez has again partnered with the local One -Stop Career Center to identify qualified job seekers interested in building a career with both Marriott and Hilton Hotels. A Recruitment team led by an Employer Consultant, and several Job Placement Specialist was formulated at the direction of the local Prime Hospitality Group to match skill, requirements by job title with qualified experience job seekers living in the local community. The Homestead Career Center assisted Prime Hotel Group with performing services such as: • Pre - screened qualified candidates from local, state, and national pools of job seekers. • Personalized assistance from an Employer Consultant to customize candidate search. • Provide accommodations at the Career Center for recruiting and interviewing. • Business Incentives discussions were also conducted with regards to Grants available to train both existing and new employees. The results of these joint recruitment activities have resulted in the following: 1. 2. 3. 4. Consistent with both Hilton and Marriott's strategy and continued vision of corporate responsibility. Their efforts to think about global diversity and inclusion, reaching across cultural borders to embrace the unique gifts and talents of the communities where we 5. live and work was demonstrated with Prime Hospitality Group's vision during this hiring process in the local Homestead / Florida City Market at both the Hampton Inn and Courtyard by Marriott. A total of 384 applications or resumes were received for positions at the new Courtyard such as Front Desk Guest Service Agent, Housekeepers, and Bistro Attendants. The Management Team agreed to conduct face -to -face interview with any interested job seeker who attended the recruitment sessions. Three full days of interviews were conducted at the Homestead Career Center during late April 2012 with the South Florida Workforce Mobile Unit called in to assist the vast number of walk -ins who were Interested in becoming a member of the Marriott family. 22% of all applicants were given a face -to -face interview. 90% of those hired resided in the local community. 75% of those hired frequented the One Stop Career Center on a weekly basis. 22% of those hired previously received Unemployment Compensation or utilized SNAP to supplement their family lifestyle. 100% of those selected for employment were at the 80% and below median income for this service area. Employment and Wages Employment is estimated at 32 employees. Annual wages total approximately $800,000. Salary: General Manager, DOS, GSM, CE, Executive Housekeeper 5 Positions with Salaries of 35k — 65k Hourly: Front Desk, Housekeeping, Hospitality, Engineering 27 -35 positions ranging from $8.75 - $14.00 Room Rates and Visitor Spending Total estimated annual Room Revenue $2,934,482 Additional purchases made by hotel guests in the community $3,5597130 Source: Palm Beach Tourist Development Council Assumptions : • Room Rate - $92.70 night • Hotel Occupancy - 65% • Spending other than accommodations - $117.20 per party per night • Average length of stay — 1 -2 nights • Average Party Size - 2.1 persons SAMPLING OF CURRENT HOTEL PROJECTS i 1 Hampton Inn & Suites, Miami South /Homestead, FL 5 Story, 126 Room Hotel LM or ir J � n 2 Ir Courtyard by Marriott, Miami South /Homestead, FL Courtyard by Marriott, 5 Story, 100 Room Hotel / Currently Under Construction Madeira Beach, FL 5 Story Sleep Inn & Suites, Port Charlotte, FL 3 Story, 78 Rooms & Suites Homestead/Miami Homestead Bayfront Park Turkey Point _ Air Form Uaua p 11 V R LKL.._ �'" -.F• -rte Hospital _ , �ra��l!'- _�".y};. _. .� t �: wit t r� ■ d s C[i - � Portofino Professional'� `■^ M `Y, 'i17�w . 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