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Ord 04-14ORDINANCE NO. 04-14 AN ORDINANCE OF THE CITY COMMISSION OF TILE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RO (RESIDENTIAL OFFICE) DISTRICT TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE SOUTH SIDE 'OF SW 1ST STREET, BETWEEN SW IST AVENUE AND SW 2ND AVENUE, AS MORE PARTICULARLY DESCRIBED ITEREIN, AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS ' the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January 2012, as being zoned RO (Residential Office) District; and WHEREAS, at its meeting of January 27, 2014, the Plane -ting and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0, to recommend that the property hereinafter described: be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Plaiuning and Zoning Board., sitting as the Local Planning Agency, has deten-nined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Con mission 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 Plaza; and WHEREAS, it is appropriate that the Zoning District Maly of the City of Delray Beach, Florida, be amended to reflect the revised zorting 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 incoiporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of RM (Medium Density Residential) District for the following described. property: The North 98 feet of Coda, according to the plat thereof as recorded in flat Boob 108, pages 11 through 12 of the Public Records of Palm Beach County, Florida. Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to confonn with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or pant thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective upon the effective date of Ordinance No. 43 -14, under which official Future Land Use Map designation of MD (Medium Density Residential 5 -12 dulac) is affixed. PASSED AND ADOPTED in regular session on second and is , on this the day of __. , 2014. ATTEST MAYOR City Clerk First Reading Second Reading - 2 OR's NO. 04 -14 Page 1 of 1 MEMORANDUM TO: M ayor and Ci ty Commi ssi oners FROM: Louie Chapman, Jr., City Manager THROUGH: DATE: March 13, 2014 SUBJECT: AGENDA ITEM 10.B. - MEETING OF MARCH 18, 2014 ORDINANCE NO. 04-14 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and quasi judicial hearing to consider a privately- initiated Rezoning from RO (Residential Office) District to RM (Medium Density Residential) District f or a parcel of I and I orated on the south side of S.W. 1st Street, between SW 1st Avenue and SW 2nd Avenue wi thi n the Coda Devel opment. (Quasi- Judicial Hearing) BACKGROUND At the f i rst readi ng on February 24, 2014, the Commi ssi on passed Ordi nance No. 04 -14. RECOM M ENDATI ON Recommend approval of Ordinance No. 04 -14 on second and final reading. http: //i twebapp /NovusAgenda/Previ ew.aspx ?I teml D =7702& M eeti ngl D =478 4/8/2014 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Interim Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: February 11, 2014 SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF FEBRUARY ORDINANCE NO. 04 -14 ITEM BEFORE COMMISSION Page 1 of 2 2014 The item before Commission is consideration of a privately - initiated rezoning for a 0.62 acre parcel located within the Coda Development. The proposed request includes changing the zoning district map from RO (Residential Office) District to RM (Medium Density Residential) District. The subject property is located on the south side of SW 1 st Street, between SW 1 st Avenue and SW 2nd Avenue. BACKGROUND This action pertains to the north 0.62 acres of the Coda Development. This portion of the development is vacant and is zoned RO (Residential Office). The remaining 1.83 -acre portion contains 36 townhomes and is zoned RM (Medium Density Residential). As stated in the Future Land Use Map amendment report, prior to September 2004, the entire Coda Development was zoned RM (Medium Density Residential) District and was designated MD (Medium Density Residential 5 -12 du /ac) on the Future Land Use Map. At its meeting of September 21, 2004, the City Commission approved a Small -Scale Future Land Use Map amendment from MD (Medium Density Residential 5 -12 du /ac) to TRN (Transitional) and Rezoning from RM (Medium Density Residential) to RO (Residential /Office) for the north 0.86 acre of the Coda development site. This action was in conjunction with a development proposal to accommodate a mixed -use building at the north end of the site. On January 3, 2006, the City Commission adopted Ordinance 80 -05, rezoning a sliver of the 0.86 RO (Residential Office) parcel to RM (Medium Density Residential). This resulted in the north 0.62 acre being zoned RO. On February 22, 2006, the Site Plan Review and Appearance Board approved a Class V site plan to construct a 3 -story mixed -use building that accommodated 19,448 square feet of gross office floor area http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID =7601 &MeetingID =475 3/13/2014 Coversheet Page 2 of 2 on the first and second floors and four 2- bedroom loft units together with 36 stand -alone townhouse units. The mixed -use building was never constructed and that portion of the site has remained vacant. The current proposal for development of the subject property is to construct 16 townhomes for a total of 52 townhomes within the development. An attendant Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac) and an amendment to the Land Development Regulations to expand the Southwest Neighborhood Overlay District map to include the subject property are being processed in order to accommodate the proposed development. REVIEW BY OTHERS At its meeting of January 27, 2014, the Planning and Zoning Board held a public hearing and recommended approval on a 7 to 0 vote of the rezoning from RO (Residential Office) District to RM (Medium Density Residential) District. RECOMMENDATION Approve on first reading Ordinance 04 -14, the privately- initiated rezoning from RO (Residential Office) District to RM (Medium Density Residential) District for a 0.62 acre parcel of land located on the south side of SW 1St Street, between SW 1St Avenue and SW 2nd Avenue within the Coda Development, 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 the Southwest Area Neighborhood Redevelopment Plan, and does meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID =7601 &MeetingID =475 3/13/2014 PLANNING AND ZONING BOARD I CITY OF DELRAY BEACH --- STAFF REPOZT-- MEETING DATE: January 27, 2014 ITEM: Privately- initiated small -scale Future Land Use Map amendment from TRN (Transitional) 'to MD (Medium Density Residential 5 -12 du/ac); and an associated amendment to the Future Land Use Map to identify that the property is included within the Southwest Neighborhood Overlay District; and Rezoning from RO (Residential Office) District to RM (Medium Density Residential) District for a parcel of land located on the south side of SW 1st Street, between SW 1st Avenue and SW 2nd Avenue within the Coda Development. (Quasi - Judicial Hearing). GENERAL. DATA: Owner /Applicant ...................... Agent....... ............................... Location . ............................... _ Property Size .......................... Existing FLUM Proposed FLUM Existing Zoning Proposed Zoning Adjacent Zoning New Urban Lighthouse, LLC Tim Hernandez Located on the south side of SW 1St Street, between SW 1 St Avenue and SW 2nd Avenue 0.86 Acres (Area of FLUM) 0.62 Acres (Area of Rezoning) TRN (Transitional) MD (Medium Density Residential 5- 12 dulac) RO (Residential Office) RM (Medium Density Residential) .......North: CF (Community Facilities) East: OSSHAD (Old School Square Historic Arts District) South: RM (Medium Density Residential) West: CF (Community Facilities) Existing Land Use ...................... Vacant Proposed Land Use .................... Construct 16 townhomes Water Service ............................. Available via connections on SW 1 St Street Sewer Service ............................. Sewer service is available via connections to existing sewer lines within the developed portion of the site to the south OARD IT.E B��ORE THE B IyAr The item before the Board is that of making a recommendation to the City Commission on a privately- initiated small -scale Comprehensive Plan /Future Land Use Map amendment and rezoning for Coda, located on the south side of SW 1St Street, between SW 1St Avenue and SW 2nd Avenue. The small -scale Comprehensive Plan amendments consist of a Future Land Use Map change from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac) and modifying the Future Land Use Map to reflect an expansion of the Southwest Neighborhood Overlay District to include the subject property. The associated rezoning consists of a zoning change from RO (Residential Office) to RM (Medium Density Residential). Pursuant to Section 2.2.2(1;)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to amendments to the Future Land Use Map or the Rezoning of any property within the City. The overall development contains 2.45 acres and is divided into two future land use map categories and two zoning districts, namely Transitional and Medium Density Residential; and, Residential Office and Medium Density Residential zoning districts. The subject area of this action has a Future Land Use Map designation of TRN (Transitional) and is zoned RO (Residential Office) and is vacant. The remaining site is designated MD (Medium Density Residential 5 -12 dulac) on the Future Land Use Map and is zoned RM (Medium Density Residential) and contains thirty -six (36) townhomes. The following is provided with respect to the land use history of this development: At its meeting of September 21, 2004, the City Commission approved a Small -Scale Future Land Use Map amendment from MD (Medium Density Residential 5 -12 du /ac) to TRN (Transitional) and Rezoning from RM (Medium Density Residential) to RO (Residential /Office) for the north 0.86 acre of the Coda development site. This action was in conjunction with a development proposal to accommodate a mixed -use building at the north end of the site. On January 3, 2006, the City Commission adopted Ordinance 80 -05, rezoning a portion of the 0.86 RO (Residential Office) parcel to RM (Medium Density Residential). This rezoning was requested as the developer discovered that the land area zoned RM did not meet the proposed density requirements. Concurrently, the City Commission approved a conditional use request to allow an increase above 12 dwelling units per acre (19.6 du /ac proposed) pursuant to the City's FamilylWorkforce Housing Ordinance on the RM portion of the site. On February 22, 2006, the Site Plan Review and Appearance Board approved a Class V site plan to construct a 3 -story mixed -use building that accommodated 19,448 square feet of gross office floor area on the first and second floors and four 2- bedroom loft units together with 36 stand -alone townhouse units. Subsequent to these approvals, several minor site plan modifications have been processed during the construction of the residential units. The current proposal for development of the property is to construct 16 townhomes. The small - scale Future Land Use Map amendments and rezoning, currently before the Board, are necessary to accommodate the proposed use. Additionally, in order to obtain a density in excess of 12 units per acre (21.22 units per acre proposed) under the proposed RM zoning, the applicant is seeking a concurrent amendment to the Land Development Regulations to expand Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 2 of 12 the Southwest Neighborhood Overlay District map exhibit to include the subject property, as well as a concurrent conditional use request, which are being processed separately. FUT,UrRE, LAND USE MAP. 'AMEN,DME.NT, ANALYSIS Current Land Use Desi nation: The current Future Land Use Map designation for the subject property is TRN (Transitional). Requested Land Use Desi nation; The requested Future Land Use Designation is MD (Medium Density Residential 5 -12 dulac) REQUIRED FINDINGS LAND DEVELOPMENT REGULATIONS CHAPTER 3— PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. © Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. Based on past Future Land Use Map amendments and rezoning actions the area subject to the FLUM amendment action is 0.86 acres (however, with the adoption of Ordinance 80 -05, which rezoned 0.21 acres of the 0,86 acre site, the area now being rezoned is 0.62 acres). The proposed Future Land Use Map amendment is being processed as a small scale Comprehensive Plan amendment. Florida Statutes F.S. 163.3187 provides a small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (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. Planning and Zoning Board Staff Report --- January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 3o €12 420.0004(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). This is the third amendment for 2013, which results in a cumulative total of 2.09 acres for these three small -scale amendments (0.49 acres + 0.74 acres + 0.86 acres = 2.09 acres), thus the maximum of 120 acres has not been exceeded. 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 a change to the Future Land Use Map for a site - specific vacant parcel of land which is part of a larger subdivision. The applicant has indicated that sixteen townhomes will be built on the property. The subject property is not located within an area of critical state concern, but will 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. The proposed land use change is to accommodate Medium Density Residential uses which provide for a density in excess of 12 units per acre subject to the provision of family workforce housing for the future development of the parcel. The existing RO (Residential Office) zoning and TRN (Transitional) FLUM designation does not allow a density in excess of 12 units per acre within this geographic area of the City. Pursuant to LDR Section 4.4.6 the RM (Medium Density Residential) zoning district provides a residential zoning district with flexible densities having a base of 6 units per acre and a maximum of 12 units per acre except within the Southwest Neighborhood Overlay District and the Carver Estates Overlay District where the maximum density is 24 units per acre, and within the Infill Workforce Housing Area, where the maximum density is 18 units per acre. Pursuant to LDR Section 4.4.6 (B)(3) multiple family structures are principal (permitted) uses. Policy A -7.1, Future Land Use Element states "The maximum density may be increased within the Medium Density, General Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program ". The applicant is requesting an amendment to modify the boundaries of the Southwest Neighborhood Overlay District as depicted in the geographic map pursuant to [LDR Section 4.7.1(p)] to include the subject property. This would allow for an increase in density from 12 units per acre to a maximum of 24 units per acre subject to the approval of a conditional use request and the provision of workforce housing units. The LDR text amendment and conditional use applications are being processed separately. Policy A -7.2 Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri -rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The 1- 951CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10th Street Overlay District shall have a maximum density of 12 units per acre. • The l=our Corners Overlay District shall have a maximum density of 30 units per acre. Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 4 of 12 ® All other Overlay Districts shall have a maximum density of 18 units per acre. The Future Land Use Map amendment action also includes modifying the map to reflect that the subject parcel is included within the Southwest Neighborhood Overlay District as shown on the attached map exhibits. The applicant is proposing a density of 21.22 units per acre which is consistent with the maximum density of 24 units per acre. As an increase in density is allowed within the MD Future Land Use designation through the Workforce Housing "Density Bonus Program ", within the Southwest Neighborhood Overlay District based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. ❑ Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Concurrency as defined pursuant to Objective B -2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs (including public schools), of the requested land use and/or development application, will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of needed capital improvements to maintain the Levels of Service Standards established in Table CI -GOP -1 of the adopted Comprehensive Plan of the City of Delray Beach. Water_ Water service is available via connections to an existing 8" water main located within the SW 1st Street right -of -way. Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. Water demand projections for the City's Water Service Area were calculated based on the City's population projections multiplied by the projected per capita demands. Potable water demand projections, credits for the use of reclaimed water and the total excess /deficit for the years 2010 through 2030 are given in the following table. The City's Utilities Department has indicated that adequate capacity exists to service the subject property at its maximum development potential proposed with this FLUM Amendment Potable Water Demand Projections Year 2010 2015 2020 2025 2030 Service Area Population 69,335 74,504 81,114 82,233 82,556 Per Capita Use ( pd) ) 240 240 240 240 240 Avg. Daily Demand (MG) 16.64 17.88 19.47 19.74 19.81 Permit Base Condition (MGD ) 19.00 19.00 19.00 19.00 19.00 Excess /(Deficit) (MGD) 2.36 1.12 (0,47) {0.74) (0.81) Alternative sources Reclaimed Water Credits for Ground Water Demand Removal 1.08 1.895 1.895 1.895 1.895 Potable demand removal 039 0.84 0.84 0.84 0.84 Total Excess /Deficit 3.83 3.85 2.27 2.00 1 92 Planning and Zoning Board Staff Report -- January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 5 of 12 Notes: 1. Population projections based on Palm Beach County 2007 Population Allocation Model using March 2008 BEBR Population Projections. 2. Per capita use assumes a 10% reduction from current permitted values achieved through conservation. 3. Permit base condition as provided by SFWMD per ground water availability rule. Sewer. Sewer service is available via connections to existing sanitary sewer lines within the developed portion of the site to the south. Adequate capacity is available in the City's water and wastewater systems to meet the demand, the proposed FLUM amendment will not impact the level of service standard. Traffic: An analysis of the traffic impacts associated with the maximum development potential for both the existing and proposed Future Land Use Map designations and zoning were conducted. The study notes that the approved development of 17,780 sq. ft. of net office use area with 4 residential units under the current RO zoning would generate 385 average daily trips. Additionally, under the current RO zoning, the maximum potential development for the site is 26,670 square feet of medical office which would generate 964 average daily trips. While the current proposal of 16 townhouse units generates 112 average daily trips, the maximum development potential under the MD designation is 20 multi - family units (24 units per acre (maximum) x 0.86 acres) which generate 140 average daily trips. Based on the above traffic generation rates, the traffic study concludes that the traffic to be generated with the_ redevelopment of the site under the MD land use designation and RM zoning under its maximum potential will be significantly less than the trips either by the approved mixed -use building or the maximum potential traffic that could be generated under the existing RO zoning district and correspondingly under the TRN land use designation. Drainage_ Within this area of the City, drainage is usually accommodated on -site via exfiltration trench systems or swale retention areas. While no problems are anticipated with obtaining South Florida Water Management District permits, technical comments and issues pertaining to the drainage will be addressed during the conditional use and site plan process. Parks and Open Space. The Open Space and Recreation Element of the City's Comprehensive Plan indicate in its conclusion that "The City will have sufficient recreation facilities at build -out to meet the adopted standards." The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public, golf courses, establishes a level of service of 6.2 acres per 1,000 residents (2007), far exceeding the general guideline. Additionally, a park impact fee is collected to offset any impacts that a residential project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 6 of 12 each residential unit at the time a project is presented for approval at the Building Department. This item will be addressed during the Site Plan Review process. Education School Concurrenc : The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification from the Palm Beach County School District and a written finding of approval from the School District has been provided. Based upon the above, positive findings can be made with respect to this level of service standard. Solid Waste: As shown on the following table, with the proposed amendment, the maximum development potential of the property would result in a net decrease of 42.1 tons per year in solid waste generation. Existing ❑euelopment'Under, y ns tonal Maxamurn Development Potentiak Uesi nation UnderMedrum,I7enSit 19,448 sq. ft. @ 5.4 lbslsq, ft. =52.5 tons per year plus 0.8 per unit X 4 units =3.2 tons 20 MF Units @.52 tons /year = 10.4 tons per year = Total 55.7 tons per year In its annual capacity letter, dated January 7, 2013, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J -5- 005 (4)," Based on population projections, waste generation rate projections, waste reduction, and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately 2046. Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. LJ Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policy A -7.7: Amendments to the FLUM must be based , upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space, nor shall it apply to FLUM changes associated with annexations when the City's Advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the Advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The Applicant has provided the following statement: "This request is to re- designate the north portion of the subject property from TRN to MD to allow the construction of 16 additional townhomes as Coda on the north potion of the site which was originally planned for a mixed -use (office /residential) building. The entire site was originally zoned RM, but was rezoned to RO to permit the construction of a three story mixed use building with office on the first and second floors and 4 residential units on the third floor. The townhome portion of Coda, with 36 units is now complete. The application will result in a 52 -unit townhome development when completed. The townhome development will match the Bermuda style architecture of the first 36 townhomes, with white tile roofs, balconies and porches. The development of the property will further stabilize the surrounding neighborhood and will be consistency with the Housing Element, Goal Area A." The requested MD FLUM designation will allow residential uses similar in density and character with the remaining portion of the Coda development. The proposed land use map change is more consistent with the existing character and residential nature of the development. These circumstances demonstrate a need for the requested zoning and FLUM change. Future Land Use Element Ob "ective A -': Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no significant environmental characteristics to the subject property. The future development of the property based upon the proposed MD land use map designation and RM zoning will be complimentary to the adjacent land uses which consist of multiple - family residential uses to the south, a mixed -use (restaurant /hotel) development to the east, the South County Courthouse parking garage and parking lot to the north and the South County Courthouse to the west. While it will eliminate the provision of much needed Class A office space, it will provide for the consistent build -out of the Coda development, the provision of additional workforce housing units within the Southwest Neighborhood Overlay District as discussed in greater detail with Future Land Use Element Policies C -1.7. Based upon the above, a positive finding can be made with respect to Future Land Use Element Objective A -1. Policy C -1.7 The following pertains to redevelopment of the Southwest Neighborhood Area: Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 8 of 12 This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10th Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub -areas based upon current and proposed land uses. The sub -areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within sub -area #5. Sub -area #5 is identified as "infill area" consisting of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. The proposed FLUM amendment and rezoning is associated with an overall development proposal which will provide sixteen new townhouse units, including two new workforce housing units. While the proposal eliminates the potential for Class A office space, the site has remained vacant and this zoning change will allow the build -out of a residential development that has provided a substantial redevelopment in the Southwest Neighborhood area. Policy A -11.3 In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As indicated above, prior to the adoption of Ordinance No. 47 -04 on September 21, 2004, the property had a MD Future Land Use Map designation. The adoption of the Transitional designation was accomplished to accommodate a specific development proposal that included office uses. Reverting back to the MD designation will not result degradation of the neighborhood as impacts such as traffic and solid waste will be reduced and no odors or dust will be generated by the proposed use. ❑ Compliance with LDRs: Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by the body taking final action on a land development Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 9 of 12 applicationfrequest. Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district regulations. The applicant has submitted a development proposal for the construction of 16 townhomes which will be reviewed for compliance with the provisions and requirements of the Land Development Regulations as part of the conditional use and site plan process. ❑ Compatibility: The requested designation will be compatible with the existing and future land uses of the surrounding area. As demonstrated in the "Rezoning Analysis" section under findings for Section 3.2.2 (Standards for rezoning Actions) the requested RM (Medium Density Residential) zoning and MD (Medium Density Residential) FLUM designation will be compatible with existing and future land uses of the surrounding area and a positive finding with respect to compatibility can be made. LAND DEVELOPMENT REGULATIONS CHAPTER 3— PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. REZONING, A „NALYSIS Section 3.2.2 (Standards for o Rezoning Actions): Standards "A” "B ", "C ", and "E" are not applicable with respect to this rezoning request. The applicable performance standard of LDR Section 3.2.2 is as follows: Standard "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 from the new use. Existing land uses Zoning Designation Land Uses North Community Facilities (CF) Palm Beach County Courthouse Parking Gara e South Medium Density Residential (RM) Multiple Family Residential - Coda Development West Community Facilities CF South County Courthouse East Old School Square Historic Arts District OSSHAD Restaurant/Hotel (Sundy House) Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 10 of 12 The proposal will rezone the 0.62 acres from RO to RM. The rezoning action is an expansion of the existing RM northward within the boundaries of the Coda Development. No compatibility issues have been identified with the CF zoning /uses to the north and west and the OSSHAD zoning /uses to the east. As demonstrated above, this request does not result in an incompatible land use, thus, the proposed rezoning can be found to be in compliance with Section 3.2.2(D). Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted the following justification statement based on items (a) and (c) above: (a) Change in circumstances: "There has been a change in zoning which makes the current zoning inappropriate. The property was originally zoned RM. A rezoning application was processed to allow for the construction of a mixed -use office /residential building on the site. Despite marketing the property for 8 years, the applicant has been unable to secure a user or obtain financing to build a speculative office building." (b) Zoning is of similar intensity as allowed and the FLUM designation is „ -a more appropriate category: "The requested zoning is of similar intensity as allowed under the Future Land Use Plan and it is more appropriate for the property based upon circumstances particular to the site and neighborhood. The applicant has completed the construction of the townhomes component of the community. The residents of the existing townhomes at Coda strongly support the rezoning of the parcel to allow the construction, as they believe an all residential community will be more secure, more attractive and will best enhance their property values.” The RM zoning is consistent with the zoning of the residential properties within the Southwest Neighborhood Overlay District and will be similar in intensity as the remaining portion of the development. As indicated in the Concurrency section of this report, the traffic generated by the proposed development will be far less than that which would be generated by the approved mixed -use building. No safety issues have been identified with the existing development, the build -out of the remainder of the site will infill the vacant tract across from the parking garage and will provide a continuity of uselactivities extending from Atlantic Avenue. This will improve the safety of the area and should serve to further stabilize the area. Based on the above, a positive finding can be made with respect to LDR Section 2.4.5(D)(5). Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 11 of 12 IPA P(' Aintice- On December 19, 2013, notice of the Comprehensive Plan Amendment was provided to the lnterlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections have been received to date. CommunitZ Redevelo meet Agency CRA): The Delray Beach Community Redevelopment Agency (CRA) reviewed the proposed rezoning at its meeting of November 7, 2013 and recommended approval. Courtesy Notices: A special courtesy notice was provided to the following homeowners associations: • Delray Citizens Coalition Ebony Homeowners Association 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. The proposed FLUM amendment and rezoning will result in the overall Coda development having the same Future Land Use Map and zoning designations and will be similar in intensity as the remaining portion of the development. Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, the FLUM amendment from TRN to MD and the rezoning of the subject property from RO to RM can be recommended for approval. A. Move a recommendation of approval to the City Commission for the request for a small - scale Comprehensive Plan amendment associated with a Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac); an associated amendment to the Future Land Use Map modifying the Southwest Neighborhood Overlay District to include the subject property; and rezoning from RO (Residential Office) to RM (Medium Density Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and the Southwest Area Neighborhood Redevelopment Plan, and does meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 322 of the Land Development Regulations. B. Move a recommendation of denial to the City Commission for the request for a small -scale Comprehensive Plan amendment associated with a Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac); an associated amendment to the Future Land Use Map modifying the Southwest Neighborhood Overlay District to include the subject property; and rezoning from RO (Residential Office) to RM Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 12 of 12 (Medium Density Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and Southwest Area Neighborhood Redevelopment Plano and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move to postpone a recommendation of approval or denial and continue the requests for the subject property with direction. STAFIF RE'COMMEN,DATION -; Staff recommends that the Planning and Zoning Board moves a recommendation of approval to the City Commission for the request for a small -scale Comprehensive Plan amendment associated with a Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du/ac); an associated amendment to the Future Land Use Map modifying the Southwest Neighborhood Overlay District to include the subject property; and rezoning from RO (Residential Office) to RM (Medium Density Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and the Southwest Area Neighborhood Redevelopment Plan, and does meet the criteria set forth in Sections 2.4.5(D)(5), 3. 1.1 and 3.2.2 of the Land Development Regulations. Report prepared by Jasmin Allen, Planner Attachments: • Existing and Proposed Future Land Use maps • Existing and Proposed Maps of the Southwest Neighborhood Overlay District • Existing and Proposed Zoning District maps �0 v W ffmq Al � D CODA s A � SUBJECT AREA � CODA PLANNING AND ZONING BOUNDARY AREA DEPARTMENT r �"--i EXISTING FUTURE LAND USE MAP a� � . .. . ....... . � SUBJECT CODA e A� AREA � � CODA ® PLANNING AND ZONING BOUNDARY AREA DEPARTMENT PROPOSED FUTURE LAND USE MAP `o _ �M •S c WIN Lk 3 0 CL Z JAV Q "s. F Q i $ Q K U .r, O -311tl MS m in Ni�r$i^'�'!� e }„ in o LLLL Y O z WN ° i MN fi u r: M'S rV z 30 •w.r p- �' I Spay - ".J'�'' �.S ' _�" ^ �'kY ";,'�... ❑ Z - LL x§'�sk `� ❑8 rA M"5 F M 'HID HIS •M-N a `L' axs . -M'S O pm may, k4, n; L3 W 1 -,. , Vl '3nv � �H .�'��,�� 2.. WS � c �� M'Nrvs ALILI CE 1 O IN ow -M -N S ry %ic a` 'M'S Ille. m S, E, 2ND ��I SUBJECT AREA CODA PLANNING AND ZONING BOUNDARY AREA DEPARTMENT EXISTING ZONING MAP T L A N T I C > �s SUBJECT AREA N CODA PLANNING AND ZONING BOUNDARY AREA DEPARTMENT r -1 PROPOSED ZONING MAP MiRNV4=1 M1,1016=14111 A T L A N T I C A V E w w z > w LLJ Q > > Q Q S.W. 1ST ST. S. E. 1ST ST. Q w Lei Q Q o � o z cn � CV z O c w IT c, F7 —1 z S. W. 2ND ST. S.E. 2ND ST. IL I vi u� -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1000 - 1500 \LM1445_Coda Rezoning � N SUBJECT AREA CODA PLANNING AND ZONING BOUNDARY AREA DEPARTMENT FUTURE LAND USE MAP FRIDAY, MARCH 7, 2014 1 (561) 820 -4343 THE PALM BEACH POST REAL NEWS STARTS HERE I PALMBEACHPOST.COM E7 CITY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARUe445 will be held on the following proposed ordinances on TUESDAY, MARCF . 18, 2014 at 7;00 p.m. or at any continuation of such meeting which' set by the Commission), in the:,, tnmissio.n Chambers, 100 N.W,s',Avenue, Delray Beach, Floricla,' 4, which time the City Commisslory YOU consider their adoption. Thee proposed ordinances may be inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between 8:00 a.�n and 5:00 p.m., Monday through FITO(P � except holidays. Interested parties 'are invited to attend and be heard with respect to the proposed ordinances. ORDINANCE N0. 04 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RO (RESIDENTIAL OFFICE) DISTRICT TO RM (MEDIUM DEN5ITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE SOUTH S1DE OF SW 1STSTREET BETWEEN SW 15TAVENUE AND SW 2ND AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING, "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012" PROVIDING A dgN1cFLAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ' ORDIi4AANLE NQ D6 -T4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE 'LAND DEVELOPMENT REGULATIONS BY AMENDINC5 ARTICLE 4.7 "FAMILY! WORKFORCE HOUSING ", SECTION 4.7.1 "DEFINITIONS "r SUBSECTION (P) "SOUTHWEST N@IGHBORHOOD OVERLAY DISTRICT- TO EXPAND THE AREA A$ SHOVjN ON THE MAP $Y REPEALING THE, @)LISTING MAP AND REPLACING IT VaTH A NEW pNE; AND BY AMENDING SECTIOpI:4.S.9 "THE SOUTHWEST NEIGHBOR} QOD` OVERLAY' DISTRICT" TO CORRECT • SCRIVE14ER'S ERROR, PRMIDiNG • SAVING CLA(1SE, A GENERAL REPEALER CLAUSE, AND AN EFtE67lVE DATE. Please be advised that. if a person decides to appeal any decision made by the OtY Commission with respect to . .any matter considered at this hearing, such person ,map need to ensure that'a. verbatim repo rd includes the testlMony and evidence upon which the appeal Is to.be based. The City dcrec not Provide nor prepare such rercird pursuantto F.S,286.olo5. CITY OF DELRAY BEACH' Cheveile D. Nubin, MMC City Clerk PLEB: The Palm Beach Post , 3- 712014 9208946 .