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Ord 07-14 ORDINANCE NO. 07-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHENSIVE PLAN AMENDMENT, PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3248, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "DELRAY PRESERVE COMPREHENSIVE PLAN AMENDMENT", AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248,inclusive, Imown 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, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan.entitled "Delray Preserve Comprehensive Plan Amendment";and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on February 25, 2014, in accordance with the requirements of the "Community Planning Act";and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Delray Preserve Comprehensive Plan Amendment be transmitted; and WHEREAS, the proposed Delray Preserve Comprehensive Plan Amendment was subinitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Delray Preserve Comprehensive Plan Amendment was held by the City Commission on April 16, 2014 at which time it was authorized to be transmitted to the Department of Economic Opportunity for required review; and WHEREAS, "Delray Preserve Comprehensive Plan Amerndroent" was found to be in compliance by the Florida Department of Economic Opportunity and no OTC (Objections, Recommendations & Comments) Report was issued;and , Preserve Comprehensive Plan Amendment was held on July 1,2014 in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority .granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248,inclusive, known as the "Community Planning Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Delray Preserve Comprehensive Plan Amendment", which is attached hereto as Exhibit"A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled"Comprehensive Plan Atnendtxient 2014-1". Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a coutt of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or paxts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Economic Opportunity finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184,F.S. PASSED AND ADOPTED in regular session on second a ea j g on this the 1' day of 2014. ATTEST A Y O R City Clerk First Reading: Aptil-1,2014 Second Reading: fuly 1;2014 2 ORD. NO. 07--14 DELRAY PRESERVE COMPREHENSIVE PLAN AMENDMENT 1)Location: Future Land Use Element—Pg. 171,23 Policy A-7.2 (Worldorce Housing) 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 Tti--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 1-95/CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10`h Street Overlay Distdct shall have a maximum density of 12 units pet acre. • The Four Comers Overlay District shall have a maximum density of 30 units per acre. • The Infrll Overlay District shall have a maximum density of 24 units per acre for lands zoned General Commercial. All other zoning districts within the Infill Overlay District shall have a maximum dens.. Hof 18 units per acre. 2) Location: Future Land Use Element — Pg. FL-39, Description of the General Commercial FLUM designation. General Commercial: This designation is applied to land which is, or should be, developed for general co>_nmercial purposes e.g. retail, office, services.Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses, except as indicated within the follotiving overlay districts: • Four Corners Overlay District - For mixed-use development within this overlay district, the nonresidential component is limited to an FAR of 2.0 • Silver Terrace Courtyards Overlay District-Nonresidential development is limited to an FAR of 0.75 • Lintco Development Overlay District-Nonresidential development is limited to an FAR of 0.36. p Y p • Waterford Overlay District-Nonresidential development is limited to an FAR of 1.32. • -i ll Workforce Housing Overlay District - Nonresidential development- is limited to an FAR of 0.75 for lands zoned General Commercial(GCS. Residential uses may comprise up to 15% of the total floor area of the General Commercial Land Use designation. Residential uses are permitted either in conjunction with a commercial 3 ORD. NO. 07-14 to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area and within the Silver Terrace Courtyards Overlay District where residential densities may be allowed up to a maximum of 22 units per acre subject to Conditional Use approval. Areas with the General Commercial designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 4-$24 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. 4 ORD_ NO. 07-14 Coversheet Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: PIanning and Zoning THROUGH: Terry Stewart, Interim City Manager DATE: June 23, 2014 SUBJECT: AGENDA ITEM 10.A.-REGULAR COMMISSION MEETING OF JULY 1.2014 ORDINANCE NO.07-14 SECOND READING/SECOND PUBLIC HEARING BACKGROUND On April 16, 2014,the City Commission approved Ordinance No. 07-14 on First Reading. The subject Ordinance was before the City Commission for Second Reading at its June 17, 2014 meeting. The Commission voted to approve Ordinance 07-14 on a vote of 4-1(Jarjura dissenting), subject to a density of 21 units per acre, as opposed to the requested 24 units per acre. However, the City Commission subsequently made the decision on a vote of 5-0 to reconsider the item at the July 1, 2014 meeting, so further discussion of the density request could occur. LEGAL DEPARTMENT REVIEW Ordinance No. 07-14 was published in the Palm Beach Post newspaper on Wednesday,June 11,2014 in compliance with advertisement requirements. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION This ordinance is before Commission for second reading to consider a privately-initiated amendment to the Future Land Use Element of the Comprehensive Plan, modifying the description of the General Commercial (GC) Future Land Use designation, and Policy A-7.2 of the Future Land Use Element, to allow an increase in density to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned General Commercial (GC) which are located within the Infill Workforce Housing Overlay District. TIMING OF THE REQUEST This item is not time-sensitive. RECOMMENDATION Staff recommends approval of Ordinance No. 07-14 on second and final reading. http://itwebapp/AgendalntraneVBluesheet.aspx?ltemID=811 I&MeetingID=508 7/2/2014 Coverslheet Page 1 of 2 'If+ll�li�i Ali, MEMORANDUM TO: Mayor and City Commissioners FROM- Amy F. Alvarez, Senior Planner Mark McDonnell,MCP,Interim Director of Planning and Zoning THROUGH: Louie Chapman,Jr., City Manager DATE: April 1, 2014 SUBJECT: AGENDA ITEM 10.A.-REGULAR CONDUSSION MEETING OF APRIL lb 2014 ORDINANCE 07-14(FIRST$EADINGIEIRST PUBLIC E SARI G) ITEM BEFORE COAUMSSION The item before Commission is consideration of Ordinance No. 07-14, a privately-initiated amendment to the Future Land Use Element of the Comprehensive flan, modifying the description of the GC (General Commercial)Future Land Use designation, and Policy A-7.2 of the Future Land Use Element, to allow an increase in density to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned GC (General Commercial) which are located within the Infill Workforce Housing Overlay District. BACKGROUND The Famity/Workforce Housing Ordinance, initially adopted by the City Commission on December 6, 2004, includes incentives to provide workforce housing by allowing density bonuses in certain areas of the City. In 2006, Ordinance No. 17-06 was adopted by the City Commission to expand the City's Workforce Housing Program to provide additional opportunities and incentives which included the addition of the Infill Workforce Housing Area. This area specified the property at 2001 North Federal Highway (flea Delray Beach Swap Shop) which is zoned General Commercial (GC). The amendment provided for a maximum, density of 18 waits per acre through density bonuses for the provision of workforce housing. The subject text amendment is to the Future Land Use Element of the Comprehensive Plan. Policy A- 7.2 will be amended to permit a maximum density of 24 units per acre for land zoned General Commercial within the Infill Overlay District, and that all other zoning districts within the overlay district will continue to have a maximum density of 18 units per acre. Additionally, the description of General Commercial within the Future Land Use Element will be amended to establish a Floor Area Ratio (FAR) of 0.75 (reduced from the current 3.0 FAR) for non- residential development of lands zoned GC within the Infill Workforce Housing Overlay District. http://itwebapp/Agendal ntranct/Bluesheet.aspx?ttenilD=7776&McctingID=501 6/12/2014 Coversheet Page 2 of 2 The owner of the property at 2001 North Federal Highway (fka Delray Beach Swap Shop) is proposing to redevelop the vacant property to accommodate a free-standing, multi-family housing development containing 205 units within the GC (General Commercial) zoning district, at a density of 23.9 dwelling units per acre. The subject property is also currently designated as an Infill Workforce Housing Area. It is noted that the proposed project for 2001 North Federal Highway, referred to as Delray Preserve, does not contain commercial use. 1WIe the subject request is not property specific, the property at 2001 North Federal Highway is the only property to which the amendment is applicable at this time, as it is the only GC zoned property identified as an Infill Workforce Housing Area. As a conditional use, the subject property could presently be developed at 18 units per acre, in accordance with the requirements of the Infill Workforce Housing Area. It is noted that an LDR Text Amendment(Ordinance No. 08-14) to increase the number of dwelling units per acre from 18 to 24 has been submitted and is being reviewed concurrently with the subject amendment; the First Reading of Ordinance 08-14 will be scheduled for a First Reading subsequent to a response from the State of Florida's Department of Economic Opportunity on the subject Comprehensive Plan Text Amendment. The Applicant has indicated that the increased density is required to provide"sustainable development." Additionally,the required Workforce Housing Units would double from between 13 and 26 workforce units at a density of IS units per acre,to between 25 and 55 workforce units at a density of 24 units per acre. A complete copy of the justification for the request is provided as an attachment. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) reviewed the proposed amendment at its meeting of February 13,2014 and recommended approval. The Planning and Zoning Berard reviewed the proposed amendment at its meeting of February 25, 2014 and recommended approval on a vote of 2-3 (Jarjura, Davey, and Durden dissenting; Shutt and Pierre-Louis absent). Following the presentation of the item, many property owners from adjacent residential developments and nearby neighborhoods spoke in opposition of the request over concerns of intensity,density,and traffic. The members of the Planning and Zoning Board discussed these issues,as well, with three members expressing similar concerns as the public. The complete Planning and Zoning Board Staff Report is included as an attachment and provides additional analysis of the proposed amendment. RECOMMENDATION Approve on first reading Ordinance No. 07-14, a privately-initiated amendment to the Future Land Use Element of the Comprehensive Plan,modifying the description of the GC (General Commercial)Future Land Use designation and Policy A-7.2 of the Future Land Use Element to allow an increase in density to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR)of 0.75 for lands zoned GC (General Commercial) which are located within the Infill Workforce Housing Overlay District, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan. hitp.//itwebapp/AgendaIntranet/Bluesheet.aspx?ItemlD=7776&McctinglD=501 6/1212014 GULF STREAM BOULEVARD SEACREST BLVD. a ORCHID LANE A O CONVIVUINC ALr SOLF11 CHURCH & 7 CHRISTIAN GULF STREAM DRIVE - w w SCHOOL m O s b w n � ?NNI42MD CRE T ANE oECARIE 5 U 1 J Wbi p011yr ll1 W Y -_ J AQUACREST r a L POOL EA CREST SOCCER TANGERINE WAY s A COMPLEX AND y �A,,Y HILLTOPPER FIELD r ctr Ci�,OO� a ; EMERALD RDNj L G5 C1 - CANARY WALK 1 � z l � TRACK FIELD 1 w.E�a,o uwE MAR ONE 1 N - e� n y VOLE( AGEN Nt' °-p AVENUE AU SOLEIL _ AUTONAVON Q VOLVO DELRAY 1 N.E. 22NO # w STR. - 0 1 � 1 5 N.E 21S7 ST. l z 2 1 M-S-A. 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N ° - i 9' i Rick Scott - Jesse Panuccio GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT-/ MCONOMIC OPPOIAMUNMY May 23,2014 The Honorable Gary Glickstein, Mayor City of Delray Beach 100 NW 1s'Ave n ue Delray Beach, Florida 33444 Dear Mayor Glickstein: The Department of Economic Opportunity has completed its review of the proposed comprehensive plan amendment for the City of Delray Beach(Amendment No.14-1ESR),which was received on April 25, 2014. We have reviewed the proposed amendment pursuant to Sections 163.3184(2)and(3),Florida Statutes(F.S.),and identified no comment related to important state resources and facilities within the Department's authorized scope of review that will be adversely impacted by the amendment if adopted. The City is reminded that pursuant to Section 163.3184(3)(b),F.S.,other reviewing agencies have the authority to provide comments directly to the City. If other reviewing agencies provide comments,we recommend the City consider appropriate changes to the amendment based on those comments. If unresolved, such comments could form the basis for a challenge to the amendment after adoption. The City should act by choosing to adopt, adopt with changes,or not adopt the proposed amendment. Also,please note that Section 163.3184(3)(c)1, 6.S.,provides that if the second public hearing is not held and the amendment adopted within 180 days ofyour receipt of agency comments,the amendment shall be deemed withdrawn unless extended by agreement with notice to the state land planning agency and any affected party that provided comment on the amendment. For your assistance,we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. We appreciate the opportunity to work with the City of Delray Beach on planning and community development issues. if you have any questions concerning this review,please contact Adam Antony Biblo,at (850)717-8503,or by email at Adam.Bibio@deomvFlorldo.com. Sincerely, r Ana Richmond,Chief Bureau of Community Planning AR/aah Enclosure: Procedures fQr adoption of comprehensive plan amendments cc: Amy E.Alvarez,Senior Planner,City of Delray Beach Planning and Zoning Department Michael J. Busha,A1CP, Executive Director,Treasure Coast Regional Planning Council Florida Department of Economic Opportunity I Caldwell Bi Oding 1 107 E.Madison Street I Tallahassee,FL 32399 866_FLA2345 1 350.245.7105 1 850.9213223 Fax www-floridWobs.of9 I www.twitter.com/FLDEO I ivww_faceb-91,_rnm/_FLDR0 SUBMITTAL OF ADOPTED COMPREIIENSIVE PLAN AMENDMENTS FOR EXPEDITED STATE REVIEW Section 163.31$4(3),Florida Statutes NUMBER OF COPIES TO BE SUBMITTED:Please submit three complete copies of all comprehensive plan materials,of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format(PDF)to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government:the appropriate Regional Planning Council; Water Management District;Department of Transportation;.Department of Environmental Protection; Department of State;the appropriate county(municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services(county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments,the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: State Land Planning Agency identification number for adopted amendment package; Summary description of the adoption package; including any amendments proposed but not adopted; Identify if concurrency has been rescinded and indicate for which public facilities. (Transportation,schools,recreation and open space). Ordinance number and adoption date; Certification that the adopted amendment(s)has been submitted to all parties that provided timely comments to the local government; Name,title,address,telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated b the local � Y government. Effective:June 2,2011 Page 1 ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of tent amendments, changes should be shown in strike- through/underline format. In the ease of future land use map amendments,an adopted future land use map, in color format, clearly depicting the parcel, its future land use designation,and its adopted designation. A copy of any data and analyses the local govermnent deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of the executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for expedited review: The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this 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. List of additional changes made in the adopted amendment that the State Land Planning Agency did not previously review; List of findings of the local governing body, if any,that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment, Statement indicating the relationship of the additional changes not previously reviewed by the State Land Planning Agency in response to the comment letter from the State Land Planning Agency. Effective:June 2,2011 page 2 so RLANN[NG AND ZONING BOAT{ M11I;ORINDUM S� FF RORT MEETING DATE: FEBRUARY 25, 2014 AGENDA NO: IV.C. AGENDA ITEM: Privately-initiated amendments to the Future Land Use Element of the Comprehensive Plan, modifying the description of the GC (General Commercial) Future land Use designation and Policy A-7,2 of the Future Land Use Element to allow an increase in density from 18 to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned GC (General Commercial) which are located within the Infill Workforce Housing Overlay District, and identify the previously established Silver Terrace Courtyards Overlay District as Workforce Housing Overlay District. tT11M 13FI�It=THE BOa4�D The item before the Board is that of making a recommendation to the City Commission regarding privately-initiated amendments to the Future Land Use Element of the Comprehensive Plan, modifying the description of the GC (General Commercial) Future Land Use designation, and Policy A-7.2 of the Future Land Use Element, to allow an increase in density to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned GC (General Commercial) which are located within the Infill Workforce Housing Overlay District, and identify the previously established Silver Terrace Courtyards Overlay District as Workforce Housing Overlay District. Pursuant to LDR Section 2.2.2(E)(6)(a), the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to Amendments to the Comprehensive Plan. IDI?,4CTIVIIIIT1TF DELI r�,OF?iVlt►1T PROFd �41_ ` . The subject text amendment is to the Future Land Use Element of the Comprehensive Plan. Policy A-7.2 will be amended to permit a maximum density of 24 units per acre for land zoned General Commercial within the Infill Overlay District, and that all other zoning districts within the overlay district will continue to have a maximum density of 18 units per acre. Additionally, the description of General Commercial within the Future Land Use Element will be amended to establish a Floor Area Ratio (FAR) of 0.75 (from the current 3.0 FAR) for non- residential development of lands zoned GC within the Infill Workforce Housing Overlay District. The owner of the property at 2001 North Federal Highway (fka Delray Beach Swap Shop) is proposing to redevelop the vacant property to accommodate a free-standing, mufti-family housing development containing 205 units within the GC (General Commercial) zoning district, at a density of 23.9 dwelling units per acre. The subject property is also currently designated as an Infill Workforce Housing Area. It is noted that the proposed project for 2001 North Federal Highway, referred to as Delray Preserve, does not contain commercial use. As a conditional use, the subject property could presently be developed at 18 units per acre, in accordance with the requirements of the Infill Workforce Housing Area. It is noted that an LDR Text Planning and Zoning Board Memorandum Staff Report, February 25,2014 Amendment to Comprehensive Plan, Future Land Use Element re:WoMorce Housing for GC Zoned Property Page Amendment to 'increase the number ofdwelling units per acre from 18 to 24 has been submitted and is being reviewed concurrently with the subject amendment. � The applicant's justification letter includes m complete background description regarding development on the subject property at 2001 North Federal Highway. The |efter, which is included as an attachment in its entirety, states the foUnwinQ� "Following the economic downturn which began in2O08 unvixnd'uoo like Village Parr is no longer economically feasible under the current economic climate, and while a residential apartment project like Delray Preserve is feasible, it will require a higher density than currently permitted on the property to be a sustainable development. � Depending on the affordability level of the workforce units (very low to moderate income) � being provided under the provisions of the Workforce Housing Program, between 13 and 26 � workforce units must beprovided to permit m density of18 units per acre. With the proposed text amendments, at24 units per acre, the number of required workforce units would double to between 25 and 52. There is precedent to support this increased density since higher densities are already permitted in other workforce housing overlay ofub7cbv with 22 units per � acre permitted in the Silver Terrace Courtyards overlay district, 24 units per acre permitted ' /n the Southwest Neighborhood, Carver Fst*too and A954CS}(RR Corridor overlay districts, 30 units per acre permitted in the Four Corners overlay district, and 40 to 50 units per acre permitted in the MROCzoning district � � The size of the subject property and its location an North Federal Highway makes itanideal location for ahigher density residential project. Development ofmlarge commercial project is more d8ffinoltm7 the property since it/s not located @t the intersection oftwo roadways and the traffic on North Federal Highway is relatively low for a four lane arterial nomdmmy. Additionally, the clone proximity of the Central Business District makes this area better suited/o support downtown commercial development than b» compete with it. | ` In addition tu providing needed workforce housing, the proposed higher density residential ' devoko/n7smt will odd to the ounkocnw/ base for existing oonvnvemcia/ oaex along North Federal Highway- ' ! services provided/n the Central Business District. " ! ydm0e: The foUmvvn@ omission from a prior action was discovered during the review of this oumsrt itmm, and in therefore being corrected with this current ordinance. The S|k/ar Terrace Courtyards Overlay District was established in 2009' yet was not specified as a Workforce Housing Overlay District in Policy A-7.2 of the Future Land Use Bement. The amendment includes the listing of this district, It is noted that the d|ntrctvvaa appropriately listed | elsewhere in the Comprehensive Plan mtthmttime- ' The text amendment 1othe Future Land Use Element of the Comprehensive Plan is now before ' the Board for consideration. � !� ' MT- While the proposal is not a Future Land Use Map amendment, it does affect the intensity of use. Therefore Future Land Use Element Policy A,1.7 is being applied. � � ^ I Planning and Zoning Board Memorandum Staff Report, February 25,2014 Amendment to Comprehensive Plan, Future Land Use Element re:Workforce Housing for GC Zoned Property Page 3 Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) most 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 PLUM 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. Future Land Use Element Qbjective A-7: To encourage the provision of workforce housing and transit-oriented`workforce residential development in the City the following policies shall be implemented. Future Land Use Element Policy A-7.9: 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 concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. The applicant's justification relates to the ability to develop a parcel of property located within the north Federal Highway Corridor and identified as a blighted area. Additionally, the property is identified as an Infill Workforce Housing Area, which further incentivizes its redevelopment. However, such redevelopment has not occurred, and the current property has proposed an increased density in order to obtain a sustainable development in a transitional area at the City's north end, Further, the amendment would decrease the maximum development intensity with respect to commercial use, as a reduced FAR of 0.75 is proposed, as opposed to the currently permitted 3.0 FAR. Therefore, an increased amount of housing would be provided, which is needed, while decreasing the commercial potential on the property. Based upon the above, a positive finding can be made that there is a demonstrated need to amend Future Land Use Element Policy A-7.2, and the description of General Commercial. ❑ Consistency-- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. Future Land Use Element Objective A-?: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of sail, 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. Future Land Use Element Policy C-7.4 The following pertains to the North Federal Highway Corridor.- ' Planning and Zoning Board Memorandum Staff Report, February 25.2O14 � Amendment to Comprehensive Plan, Future Land Use Bement re:Workforce Housing for GC Zoned Property Page The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right- of-way to the west, the easterly boundary of tha [RA to the east, NE 4th Street to the south, and the north City limits tn the north. Properties in the corridor that front on Federal HVohmnyy primaMv contain o/na8-soa/e' strip commercial development. Many parcels in the area contain vacant or dilapidated structures. ! ' / substandard parking, and substandard landscaping. The area also contains residential areas identified as "S&s8ilizatizn^and l9nvitalizatioo"nn the Residential Neighborhood CoteQmnzoWnn Map contained in the Housing flsnnoni Mary of the remaining parcels in the area are currently mumont Due to those conditions, the North Federal Highway Corridor is hereby idenbifiGd as a blighted � area. The North Federal Highway Redevelopment Plan was approved by City Commission on 8&en:h 16, 18Q9. The FYen identified the need for limited n*zonfngs and LDR amendments, � along with improvements necessary to accomplish uw/ta/n redevelopment goals. Future ' development in the area must be in accordance with the provisions of the Redevelopment Plan. ' | As previously |nd|cated, the subject amendment is applicable to property zoned GC and � designated as an |nfi|| VVnrhfnroe Housing Area. Thepyfore, review of the subject Policy is also oppiioob|a as the parcel is located within the North Federal Highway Corridor which has been identified as a "blighted area." The subject amendment will assist in the revitalization of the ourhdor while providing on ample amount of residential development which will have the ` opportunity to provide Workforce Housing Units. � � [% Com'nu/nenoy-- Development mt the highest intensity possible under the requested designation � can meet the adopted coOcurreDcystandards. With regard totraffic inwpacts, the applicant has submitted atroffiostatement and indicated that an analysis of the traffic impacts associated with the maximum development potential of e mixed-use development on the property was conducted- Since the increased residential ! development (due to the density increase) generates less traffic than tile eliminated retail uses ' (due to the decreased FAR),-the new land use mix would represent a not reduction in potential � traffic volumes nfY7,275mn�� uo/npanyb/onvdun��no /n /��� mndPY�p*aAhour����.���/� trips . analysis /nm comparison oftMetrafficQen8oationatbhenraximunvdewg/opnnentpotenba/ ofthe � property before and after the proposed text a/nendn`ents..."Drainage can bm accommodated on � site Via an exf|tration system. Through the use of reclaimed water, the City's 20-Year Water '. Supply Facilities Work Plan 1ndiomioo that water supply facilities are planned and will be available to meet the future growth and water demands of the City of Delray Beach through the year 2030. The maximum development of the property would result in a net decrease of 73% or 4.527 tons in annual solid vvsahe generation. The Solid Waste Authority has indicated that its facilities have sufficient capacity toaccommodate all development proposals until 2046. Thus, positive findings can be made at this time with regard to uonoVrnmnoy for all aen/ioee and | | facilities. . [3 Compatibility— The requested designation will be compatible with the existing and future land ` uses of the surrounding area. � The surrounding land u000 consist of nnmnnmn:mi uses to the north and west of the parcel, m � res'denUm| townhouse development to the nnuth, and u spoil area utilized by FIND (Florida Inland Navigation District) to the east resulting from maintenance of the Intracoastal Waterway. . The residential redevelopment of the subject parcel will assist in providing a buffer between the townhouse development tothe south and the commercial use (automotive sales) to the north. � The residential redevelopment will be inoenUvized by the increased dens1ty, while also ! decreasing the oonnmerniaL potential nn the site yet also providing additional workfomoohousing �, Planning and Zoning Board Memorandum Staff Report, February 25,2014 Amendment to Comprehensive Plan, Future Land Use Element re:Workforce Housing for GC Zoned Property Page | ` units. As a result, the increased density and decreased FAR for commercial development is ! found tobe compatible with the existing and future land uses o7 the surrounding area. J Compliance — Development under the requested designation will comply with the provisions � and requirements nf/heLendDevekoomen/Regu/ebona | / The applicant has submitted an amendment tothe LORn which would provide compliance � between the subject Future Land Use Amendment and the LDRa. upon adoption of each. Conclusion � Based upon the ob¢va. the subject amendment to increase the density from 18 to 24 units per acre i while reducing the maximum commercial development potential is appropriate. The changes will ! assist in providing an appropriate transition ur buffer between the existing townhouse development ' to the south (Kohnrno Key) and the commercial parcel to the north which in presently used for automotive sm|on. Further, the changes provide an incentive for redevelopment of a vacant property vvhi|m also providing additional vvorkfnrce housing opportunities for residents. Positive findings can be made with respect to the requests text amendment to the Fu1Wna Land Use � Element of this Comprehensive Plan. The Community Redevelopment Agency (CRA) reviewed the proposed amendment at its meeting of February 13. 2014 and recommended approval. | Public Notices were sent out to all property owners within a 507 radius. Courtesy Notices were provided to the following homeowner and civic associations: Delray Citizens . Coalition, P{okcmoKey. Town ofGulfstnaam. and Ls Hacienda. | | Lednne ofobioctionand oupport, if any, will be provided at the Planning and Zoning Board meeting. ' i Recommend approval to the City Commission of private ly-initisted amendments to the Future � Land Use Element of the Comprehensive Plan, nnodKNmg the description of the GG (General/ Commercial) Future Land Use designation and Policy A-7.2 of the Futuna Land Use Element to � allow an increase in density to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned GC (General Commercial) which are located within the |nfi|| Workforce Housing Overlay Diatrict, and identify the previously established Silver Terrace Courtyards Overlay District as Workforce Housing Overlay District, by adopting the findings of fact ' and |avv contained in the Staff Report and finding that the request la consistent with the Comprehensive Plan. | � i � � � � ' ^ GULF STREAM BOULEVARD SEACREST BLVD- C] PRES15YTERIAff ORCHID LANE 5 CHORCII & Q�FiL CHRISTI'AN GLLE STREAM DRIVE � J SCHOOL � 3 v Q 3 ] ' m 7VNIQ Q0.. 9E CR ANE � cA�E sm� � L? 1 +NOrOO p cn — L U v a �7 1 TANOEN4NE WAY L 1 � - EMERp1,p RO:Y 1 CANARY WAa 1 N.E 2dlfl LfNE - Ate LAy a° °-� AVENUE At]SOLEIL a 1 22ND u SiR, N.E E15T St. srzeEr - _ Q KOKOMO r KEY _ l ¢ LJ mALLEN AVE. i H N.E. 3-ill T. 4 Q u / s � l 4 Q NAY M.s,A. TR I i N.E. IrTH ST. - a° � n � EASTVIEW AVE '7 i 1 RIAR � 45TA ST. LAKE AVENUE N. ! J LAN $ / Q N.E.34711 Sr.{LAKE AVE,) N. E. 1#T}t ST. 0 z LAKE AVENUE S, q S = O j U N sU$JeCT PROPERTY 2001 NORTH FEDERAL HWY PLANNING AND ZONING Imm DEPARTMENT LOCATION MAP -- D1GffAL BASE'MAP SYSTEM-- MAP REF: S:\Plonning & Zoning\D8M5\Fle—Cu0j—LM 1000-1500\LM1458_,0ELRAY PRESERVE ORDINANCE NO. 07-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHENSIVE PLAN AMENDMENT, PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3248, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "DELRAY PRESERVE COMPREHENSIVE PLAN AMENDMENT", AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.32#8, 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,the Planning and Zoning Board,as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled"Delray Preserve Comprehensive Plan Amendment"; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on February 24, 2014, in accordance with the requirements of the "Community Planning Act";and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Delray Preserve Comprehensive Plan Amendment be transmitted; and WHEREAS, the proposed Delray Preserve Comprehensive Plan Amendment was subtaitted to and reviewed by the City Commission; and WHEREAS, following due public -notice, the first of two required public hearings on Delray Preserve Comprehensive Plan Amendment was held by the City Commission on at which time it was authorized to be transmitted to the Department of Economic Opportunity for required review; and WHEREAS, "Delray Preserve Comprehensive Plan Amendment" was found to be in compliance by the Florida Department of Economic Opportunity and no ORC (Objections, Recommendations & Comments)Report was issued; and WHEREAS, following due public notice, the second of two required public hearings on Delray Preserve Comprehensive Plan Amendment was held on in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive,known as the "Community Planning Act"_ Section 2. That in implementation of its declared intent as set forth in Section I of this ordinance, there is hereby adopted the document entitled "Delray Preserve Comprehensive Plan Amendment",which is attached hereto as Exhibit"A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled"Delray Preserve Comprehensive Plan Amendment". Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whale or part thereof other than the part declared to be invalid. Section S, That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Economic Opportunity finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2014. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD.NO. 07-14 EXHIBIT "A" DELRAY PRESERVE COMPREHENSIVE PLAN AMENDMENT 1)Location:Future Land Use Element—Pg.FL-23 Policy A-7.2(Workforce Housing) 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 Tti-tail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Oveday Districts shall have a maximum density of 24 units per acre. • The 1-95/CSX RR Cottidat Overlay District shall have a maximum of 24 units per acre. • The SW I&Street Overlay District shall have a maximum density,of 12 units per acre. • The Four Comets Overlay District shall have a maximum density of 30 units per acre. The Silver Terrace Courtyards Overlay District shall have a maximum density of 22 units per acre. • The InfiR Overlay District shall have a maximum densitv of 24 units per acre for lands zone General Commercial. All other zgniiig districts within the Infil]. Overlay District shall have a maximum density of 18 units per acre. 11 pfli er-Oireflay Districts shall Itave 2t rjftftXiIMm dem�iW of 18 iu— p— ae- 2) Location: Future Land Use Element — Pg. FL-39, Description of the General Commercial FLUM designation. General Commercial: This designation is -applied to land which is, or should be, developed for genenal commercial purposes e.g.retail,office,services.Light industrial type uses such as fabrication and assembly are petinissible under this designation when located in the special overlay district between Federal Highway and DL'-Ije Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses, except as indicated withii-i the following overlay districts: • Four Cornets Overlay District - For mixed use development within this overlay district, the nonresidential component is limited to an FAR of 2.0 • Silver Terrace Courtyards Overlay District-Nonresidential development is limited to an FAR of 0.75 • Lintco Development Overlay District-Nonresidential development is limited to an FAR of 036- • Waterford Overlay District-Nonresidential development is limited to an FAR of 1.32. • Infill Workforce—Housing Overlay District - Nonresidential development t is limited to an FAR of 0.75 for lands zoned General Commercial.(CC 3 ORD.NO. 07-14 Overview of the Proposed Amendments: In addition to conditional use approvals, site plan approval and a replat of the property, it is noted that separate LDR and Comprehensive Plan text amendments are being processed concurrently with these applications to increase the maximum potential residential density and decrease the maximum potential nonresidential intensity on the subject property. The property, which is located within the Infill Workforce Housing Area, has a maximum density of 18 units per acre with the provision of workforce housing within the project. The proposed text amendments increase the maximum residential density from 18 to 24 units per acre, which allows an additional 51 units and a total of 205 units on the subject property. Although no commercial development is planned in the proposed Delray Preserve project, the ability to incorporate some commercial development at a later date has been retained within the text amendments, but has been significantly reduced from the current maximum nonresidential FAR of 3.0 within the General Commercial FLUM designation to 0.75 on the subject property. The effect of this change is to reduce the maximum development potential of the property. Beginning in 2004, the City has made provisions to allow increased residential densities in workforce housing overlay districts with the requirement that developments include a workforce housing component. Two of these overlay districts include properties within the Federal Highway corridor. The Silver Terrace Overlay District, which is located on South Federal Highway, adjacent to the Plaza at Delray, has a maximum, density of 22 units per acre. This property was subsequently developed as "The Franklin" apartment complex. The Infill Workforce Housing Area was created to allow increased density in all areas within the RM (Residential Medium Density) zoning district which lie east of Interstate 95 and not within the Coastal High Hazard Area. One additional area in the General Commercial zoning district was included within the overlay to encourage redevelopment of the "Delray's Lost Drive-in" property--a former swap shop located on the subject property. No other General Commercial property is included in the Infill Workforce Housing Area. Free-standing multi-family residential developments are allowed as a conditional use in the GC (General Commercial) Zoning District subject to the requirements of the RM District except for setback and height requirements which are pursuant to the GC District. Residential density may be increased with conditional use approval within the Infill Workforce Housing Area, subject to the performance standards of Section 4.4.6(1) and the workforce housing provisions of Article 4.7. The actual density of a particular development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Within the Infill Workforce Housing Area, the actual density is also based upon the number and affordability level of the workforce units being provided. Background of the Property: The property was developed as a drive-in theater in 1957, under Palm Beach County jurisdiction. The drive-in theater continued to operate until the late 1970s, at which time it was converted to a flea market. On January 11, 1 994, the City Commission approved an interlocal agreement with Palm Beach County for the annexation of the North Federal Highway enclaves, including the Swap Shop. Annexation of the Swap Shop property with a zoning of General Commercial was approved by the City Commission on May 17, 1994. On November 22, 1997, a planning charrette was held to determine the redevelopment direction for the North Federal Highway corridor. The concept for redevelopment of the Swap Shop property included locating buildings closer to North Federal Highway and creation of a marketplace plaza. As a participant of the charrette, the owner of the Swap Shop incorporated these suggestions into a major redevelopment effort known as Delray's Lost Drive-in. Phase One of the redevelopment was completed in 1999 and included a large metal building to house vendors indoors. Phases Two and Three, which would have included two new buildings adjacent to Federal Highway with a secondary plaza between the buildings, were never constructed. Delray's Lost Drive-in operated until 2006 when the property was sold to a developer to construct a mixed-use development know as Village Parc. The new development proposal included 104 townhouse units as a stand-alone residential component along the eastern portion of the site. The western portion along Federal Highway was to contain three buildings (two mixed-use and one office building). Overall, the project was to include 134 residential units, 15,338 square feet of retail uses and 6,825 square feet of office. Of the thirty (30) residential units within the mixed use buildings, fifteen (15) units were to be designated as "affordable workforce housing". Two Conditional Uses for the project were approved by the City Commission on May 2, 2006. The first was to allow a freestanding residentiat development in the General Commercial zoning district and the second was to allow a density in excess of twelve (12) units per acre, subject to the provisions of Article 4.7 "Family Workforce Housing". The site plan for the project was approved by SPRAB on May 24, 2006. The buildings for Delray's Lost Drive-in were demolished in preparation of development of Village Parc, but when the economy downturned, the project was put on hold and then finally canceled when the development approvals lapsed. The current proposal for the property includes a free-standing residential development with 205 one, two and three-bedroom apartments. The Delray Preserve project is comprised of seven garden style 3-story apartment buildings, one 4-story apartment building and a 1- story clubhouse. Some units within the buildings have garages. In the 3 story buildings there are a total of 26 units with one car garages and 4 units with 2 car garages_ The 4 story building has 16 units with one car garages. Many amenities will be provided, including a clubhouse with an entertainment kitchen, a resort style pool with resident cabana and BBQ area, a membership quality fitness center, a screening room and E-lounge and a tot lot to name a few. Justification of Text Amendments: Although the proposed Comprehensive Plan amendment does not involve a change in the Future Land Use Map (FLUM) designation, it does affect the future land use and overall development potential of the property. Therefore a justification for the proposed text amendments has been provided below in context with meeting the requirements of Future Land Use Element Policy A-1.7, 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 Page 2 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 PLUM designations of Conservation or Recreation and Open Space, nor shall it apply to PLUM changes associated with annexations when the City's advisory PLUM 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 PLUM amendments. Fallowing the economic downturn which began in 2008, a mixed-use development project like Village Pare is no longer economically feasible under the current economic climate, and while a residential apartment project like Delray Preserve is feasible, it will require a higher density than currently permitted on the property to be a sustainable development. The proposed Comprehensive Plan and LDR text amendments to increase the density necessary to support the Delray Preserve project are consistent with Future Land Use Element Objective A-7 and Policy A-7.1 of the Comprehensive Plan which encourage the- provision of workforce housing units by permitting higher density residential development. Future Land Use Element Objective A-7, To encourage the provision of workforce housing and transit-oriented workforce residential development in the City, the following policies shall be implemented. Future Land Use Element Policy A-7J: 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 concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. Depending on the affordability.level of the workforce units (very low to moderate income) being provided under the provisions of the Workforce Housing Program, between 13 and 26 workforce units must be provided to permit a density of 18 units per acre. With the proposed text amendments, at 24 units per acre, the number of required workforce units would double to between 25 and 52. There is precedent to support this increased density since higher densities are already permitted in other workforce housing overlay districts with 22 units per acre permitted in the Silver Terrace Courtyards overlay district, 24 units per acre permitted in the Southwest Neighborhood, Carver Estates and I- 951CSX RR Corridor overlay districts, 30 units per acre permitted in the Four Corners overlay district, and 40 to 50 units per acre permitted in the MROC zoning district. When the Family/Workforce Housing Ordinance was originally conceived in 2004, there was a severe shortage of housing in the City that was affordable to the everyday working families and citizens of the City. The City Commission recognized that the need to provide workforce housing was critical to maintaining a diversified and sustainable City having the character and sense of a community where people can live and work in the same area. During the recession, housing prices dropped substantially and affordability became less of an issue, but as the housing market has been recovering in the City and home prices are again increasing, it is important to get as many units as possible into Page 3 the workforce housing program so that affordable units will remain available in the long term (40 years under the program). The size of the subject property and its location on North Federal Highway makes it an ideal location for a higher density residential project. Development of a large commercial project is more difficult on the property since it is not located at the intersection of two roadways and the traffic on North Federal Highway is relatively low for a four lane arterial roadway. Additionally, the close proximity of the Central Business District makes this area better suited to support downtown commercial development than to compete with it. Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. In addition to the Objective and Policy related to workforce housing discussed above, a review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objective and Policy were noted: Future Land Use Element Objective A-1:Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations, encourage affordable goods and services, 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 which has supported several land uses including the former Swap Shop Flea Market and past drive-in theater use for decades. The property is bordered on the north side by AC (Automotive Commercial zoning, on the south by RM (Medium Density Residential), on the west by GC (General Commercial) zoning, and on the east by the Town of Gulf Stream. The adjacent land uses include the Autonation Volvo dealership to the north, Kokomo Key Townhomes (developed at 11.97 units per acre) to the south, several retail commercial uses to the west across Federal Highway, and a Florida Inland Navigation District tract used for spoil disposal resulting from maintenance of the Intracoastal Waterway to the east. The higher density development proposed will be compatible with all of these uses. Redevelopment of the corridor has been going slowly since adoption of the North Federal Highway Redevelopment Plan, and most of the development on the east side of Federal Highway has been primarily residential, including "The Estuary" and "Old Palm Grove". The most recent project, St. George, an 11.88 unit per acre townhouse development, was just approved by SPRAB on December 18, 2013. In addition to providing needed workforce housing, the proposed higher density residential development will add to the customer base for existing commercial uses along North Federal Highway and aid in the redevelopment of this corridor, It will also support retail and services provided in the Central Business District. Future Land Use Element Policy C-1.4 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of-way to the west, the easterly boundary of the CRA to the east, NE 4th Street to the south, and the north City limits to the north. Page 4 o 7Z Properties in the corridor that front mn Federal}���vmn� �o�ha�x�msaU�aoa/m. ..~.. .--_.~ �^ strip commercial Many parcels in the area contain vacant or dilapidated structures, ��� &a��� The parking, landscaping. ` also contains residential areas identified as "Stabilization" and "Revitalization" on . the Residential Neighborhood Categorization Map contained in the Housing Element. � Many mf the remaining parcels 8n the area are currently vacant. | '1 Due to those conditions, the North Federal Highway Corridor is hereby identified as a �l blighted area. The North Federal Highway Redevelopment Plan was approved by City Cpxmm1mmiwm on March 16, 1999. The Plan identified the need for limited mxamnin s � � and LD09 amendments, along with improvements necessary to acoemvo�s� ����6n ' ` redevelopment goals, Future development/nthe area must beim accordance with the . provisions of the Redevelopment Plan: The goals of the Redevelopment Plan are to improve the appearance of the area and to � stimulate the revitalization of the North Federal Highway corridor by encouraging new ` dave|opnnent, including additional residential development in the area. The Plan states that it should be the private sector rather than the public sector that is the driving force behind � the redevelopment initiative on North Federal H|ghvmay, with the role of the public sector to i provide direoton, remove obstacles, and promote the area. ' Although the Redevelopment Plan assumed that the Swap Shop would remain on the � subject property, its nannovo| has left a void in this pad of the corridor that must be filled. ' The P|mo states that North Federal Highway should not compete with Atlantic Avenue, but compliment it by becoming a '\morkp|uoe" with office buildings and light-industrial uses as opposed to boutiques and specialty shops. Light Industrial uses are permitted in an overlay ' district on the west side of Federal Highway and office development is now being promoted ! by the City downtown and in the Congress Avenue oonidor. The size and location of the / property is not conducive to development of a large retail center, The property is not located at a nnmjur intersection and the traffic on North federal Highway is too low 10 sustain m large ^! center. By creating afrenotanding residential project on the subject property, competition � with the downtown is avoided and the higher density residential development will help to hu|fiU the Qoo| of the plan to promote revitalization by stimulating related commercial `. development on the smaller parcels along the corridor by creating demand for goods and services |n the immediate area. ` Based upon the above, the redevelopment of the subject property will be complimentary to mc~hmoant land uses and will fulfill remaining /and use needs. Therefore, m positive � �. finding can be made that the amendments any consistent with and further the Goals, � {}biectives' and Policies of the Comprehensive. /} ` m Concmrrency— Deve|opment at the highest intensity possible under the requested designation can meet the adopted conourr$ncy standards. The oonournancy enmh/eio aoeun1ma redevelopment of the property at the rnexinnurn intensity allowed under the amended description for the General Commercial designation. As shown on the following teb|e, since the nmoxirnurn nonresidential FAR is being reduced from 3.0 1n 0.75. development under the new provisions would result ina reduction in nonresidential building area. The maximum development potential with the � proposed amendment YVoU|d be a mixed-use project with residential development at 24 units per acre and retail development at an FAR of 0.75. Therefore, the amendment will result inan increase in residential development potential and areduction in maximum nonresidential potential from what is currently permitted within this portion of the |nf||| Page ' - Workforce Housing Area. A comparative analysis of the maximum development potential of the property has been provided below to support this conclusion. Table 9:Maximum Development Potential fXIST1lG r - ��ROPOS9�= FLUM ti lhllaxiriztlm'Developm nt Potential FLUM Maxim m Mrxed'1i acres -. ii nacres) btVelopmei�t Pbntial 4 Mixed-Use Mixed-Use GC 1,119,928 SF Retail(FAR 3.0) GC 279,981 SF Retail (FAR 0.75) (8.57 acres) 154 Multi-Family Residential Units (8.57 acres) 205 Multi-Family Residential Units (18 units per acre) (24 units per acre) Traffic: An analysis of the traffic impacts associated with the maximum development potential of a mixed-use development on the property was conducted. Since the increased residential development (due to the density increase) generates less traffic than the eliminated retail uses (due to the decreased PAR), the new land use mix would represent a net reduction in potential traffic volumes of 17,275 trips with comparable reductions in AM and PM peak hour traffic. As noted earlier, this analysis is a comparison of the traffic generation at the maximum development potential of the property before and after the proposed text amendments. It is does not represent the actual traffic generated by the proposed Delray Preserve project, which does not include retail development. A letter from Palm Beach County Traffic Division indicating that the project meets the traffic performance standards of Palm Beach County is required prior to approval (certification) of the related site plan. Table 2:Trip Generation Coln parison Maximum Development Potential Ki Darly fis AQeak i3u>1f �IU{Aeak Flour Lind Use Intensity gips maTntal� In7, _`Qut Total ::Cn opt Existing Future Land Use General Commercial(FAR 3,0) 1,119,926 32,552 1,120 683 437 3,210 1,541 Residerriat Apartments(18dulac) 154 1,076 79 16 63 95 62 33 Existing FLU Trips 33,730 1,199 699 500 3,305 1,603 Less Posp-by Traffic General Commerciale 17.88% (5,840) (200) (122) (7B) (574) (276) (298) Existing FLU External Trips 27,890 999 5TT 1 422 2,731 1,327 AWN Proposed Future Land Use Gereral Commercial(FAR 0.75) 275,881 13,261 280 171 109 1,268 609 659 Residential Apartments(24 dulac) 205 1,435 104 21 83 127 83 44 Proposed FLU Trips 14,696 384 192 192 1,395 692 703 Less Pass-by Traffic General Commercial 30.789/o (4,081) (86) (53) (34) (390) (187) (203) Proposed FLU External Trips 10,615 298 139 158 1,005 505 500 Net Now External Trips(Proposed-Existing) (17,275) (707) (438) (264) (1,7T6) (822) (904) Trip Generation rates from Palm Beach County Page 6 Water&Wastewater: Water and W ro p p e�Y through astewater service are both available to the h connection to g existing mains along North Federal Highway. Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. The geographic service area coincides with the Planning Area plus service provided to the Town of Gulf Stream through contract as a bulk customer. The service area encompasses approximately 18 square miles. The treatment plant, with a capacity of 28 million gallons per day, was constructed in 1972 and has a programmed life of 50 years (2022). Wastewater from the City is treated at the South County Regional Wastewater Treatment Plant (SCRWWTP), which is managed by the South Central Regional Wastewater Treatment and Disposal Board, established in 1974 through an agreement between the cities of Delray Beach and Boynton Beach. The wastewater treatment plant was constructed in 1979, with a programmed life of 50 years (2029). The Comprehensive Plan indicates that the current plant has adequate capacity to service the City's project population beyond the year 2025. The SCRWWTP has the capacity to provide up to 24 mgd of reclaimed-quality water. This capacity is shared equally between Boynton Beach and Delray Beach. In 2003, the City developed a Reclaimed Water Master Plan, which identified 16 areas for reclaimed water application. Through the use of reclaimed water, the City's 20-Year Water Supply Facilities Work Plan indicates that water supply facilities are planned and will be available to meet the future growth and water.demands of the City of Delray Beach through the year 2030. Since adequate capacity is available in the City's water and wastewater systems to meet the demand, the proposed text amendments will not impact the level of service standard for these facilities. Drainage: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City-wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley-Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E-1 states: A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, are implemented with funding from the Stormwater Utility Fee. The additional impervious area for residential units and parking area as a result of the text amendments to increase the density from 18 to 24 units per acre will not negatively impact the LOS standard for drainage on the property or the surrounding area. There are no problems anticipated with obtaining South Florida Water Management District permits within the area, since the amount of impervious area is being reduced compared to the former swap shop development. "Delray's Lost Drive-in" was substantially paved with only 10.3% open space, while the proposed Delray Preserve project has 26% open space. Drainage will be accommodated on site via an exfiltration trench system on the property. Page 7 Parks & Recreation The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards." The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, establishes a level of service of 6.2 acres per 1,000 residents (2007), far exceeding the general guideline. The proposed additional units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. Thus, an in-lieu fee of $102,500 will be required of this development. Education (School Concurrency); School concurrency is addressed with all proposals for residential development. A request for concurrency determination will be submitted to the Palm Beach County School District as part of the Site Plan review process. A formal determination by the School District is required prior to approval (certification) of the related site plan. Solid Waste; As shown on the following table, with the proposed text amendments, the maximum development of the property would result in a net decrease of 73% or 4,527 tons in annual solid waste generation. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. Table 3:Solid Waste Generation Maximum Development Potential ' r 5 Proposed Mix�,d Useliflaxlm�m Dev�lt�pment Exts#�n�M'�xEm�m 1]eueloprnent I?� ntial P(ten�lal:'_= 1,119,928 SF Retail @ 10-2 Ibslsf=5,712 tons/yr 279,981 SF Retail @10.2 Ibslsf=1,428 tonslyear 154 MF Units @.52 tons/year=80 tonslyr 205 MF Urits @.52 tons/year= 107 tonslyear Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. • Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As noted earlier in this paper, the proposed residential development with the text amendments is compatible with the surrounding neighborhood, which consists primarily of commercial development to the north and west, residential townhouse development to the south, and a F.I.N.D. spoil area to the east. The proposed development, with its increase in density from 18 to 24 units per acre is compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Page 8 Compliance Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be evaluated by the City during review of the conditional use and site plan requests. Following City review, any deficiencies will be corrected or relief will be sought. Page 9 f S.E. 36th Ave. J � r U w _ SITEu, 2001 N. Federal Hwy. ¢ > Delray Beach, FL 33483 N.E. 22nd Ln. a Q > Q _ U � Q7 w O U O Kokomo Key Ln. Q v 4 a � � � Q r rtr N.E. 14th st. z a z NORTH dovelli 2295 NN.Corporate Blvd.Suite 213 Boca Ratan,Florida 33431 Site Location Map 581-910-0330 Design Date 12--20-13 LC 26000287 Delray Preserve scale N.T.S. A,ssociates Inc. covelfidesion.com Delray Beach Florida Urban Planning Landscape Architecture PN# 1001 Overview of the Proposed Amendments: In addition to conditional use approvals, site plan approval and a replat of the property, it is noted that separate LDR and Comprehensive Plan text amendments are being processed concurrently with these applications to increase the maximum potential residential density and decrease the maximum potential nonresidential intensity on the subject property. The property, which is located within the lnfill Workforce Housing Area, has a maximum density of 18 units per acre with the provision of workforce housing within the project. The proposed text amendments increase the maximum residential density from 18 to 24 units per acre, which allows an additional 51 units and a total of 205 units on the subject property. Although no commercial development is planned in the proposed Delray Preserve project, the ability to incorporate some commercial development at a later date has been retained within the text amendments, but has been significantly reduced from the current maximum nonresidential FAR of 3.0 within the General Commercial FLUM designation to 0.75 on the subject property. The effect of this change is to reduce the maximum development potential of the property. Beginning in 2004, the City has made provisions to allow increased residential densities in workforce housing overlay districts with the requirement that developments include a workforce housing component. Two of these overlay districts include properties within the Federal Highway corridor. The Silver Terrace Overlay District, which is located on South Federal Highway, adjacent to the Plaza at Delray, has a maximum density of 22 units per acre_ This property was subsequently developed as "The Franklin" apartment complex. The lnfill Workforce Housing Area was created to allow increased density in all areas within the RM (Residential Medium Density) zoning district which lie east of Interstate 95 and not within the Coastal High Hazard Area. One additional area in the General Commercial zoning district was included within the overlay to encourage redevelopment of the "Delray's Lost Drive-in" property—a former swap shop located on the subject property. No other General Commercial property is included in the lnfill Workforce Housing Area. Free-standing multi-family residential developments are allowed as a conditional use in the GC (General Commercial) Zoning District subject to the requirements of the RM District except for setback and height requirements which are pursuant to the GC District. Residential density may be increased with conditional use approval within the lnfill Workforce Housing Area, subject to the performance standards of Section 4.4.6(1) and the workforce housing provisions of Article 4.7. The actual density of a particular development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Within the lnfill Workforce Housing Area, the actual density is also based upon the number and affordability level of the workforce units being provided. Background of the Property: The property was developed as a drive-in theater in 1957, under Palm Beach County jurisdiction. The drive-in theater continued to operate until the late 1970s, at which time it was converted to a flea market_ On January 11, 1994, the City Commission approved an interlocal agreement with Palm Beach County for the annexation of the North Federal Highway enclaves, including the Swap Shop. Annexation of the Swap Shop property with a zoning of General Commercial was approved by the City Commission on May 17, 1994. On November 22, 1997, a planning charrette was held to determine the redevelopment direction for the North Federal Highway corridor. The concept for redevelopment of the Swap Shop property included locating buildings closer to North Federal Highway and creation of a marketplace plaza. As a participant of the charrette, the owner of the Swap Shop incorporated these suggestions into a major redevelopment effort known as Delray's Lost Drive-in, Phase One of the redevelopment was completed in 1999 and included a large metal building to house vendors indoors. Phases Two and Three, which would have included two new buildings adjacent to Federal Highway with a secondary plaza between the buildings, were never constructed. Delray's Lost Drive-in operated until 2006 when the property was sold to a developer to construct a mixed-use development know as Village Parc. The new development proposal included 104 townhouse units as a stand-alone residential component along the eastern portion of the site. The western portion along Federal Highway was to contain three buildings (two mixed-use and one office building). Overall, the project was to include 134 residential units, 15,338 square feet of retail uses and 6,825 square feet of office. Of the thirty (30) residential units within the mixed use buildings, fifteen (15) units were to be designated as "affordable workforce housing". Two Conditional Uses for the project were approved by the City Commission on May 2, 2006. The first was to allow a freestanding residential development in the General Commercial zoning district and the second was to allow a density in excess of twelve (12) units per acre, subject to the provisions of Article 4.7 "Family Workforce Housing". The site plan for the project was approved by SPRAB on May 24, 2006. The buildings for Delray's Lost Drive-in were demolished in preparation of development of Village Parc, but when the economy downturned, the project was put on hold and then finally canceled when the development approvals lapsed. The current proposal for the property includes a free-standing residential development with 205 one, two and three-bedroom apartments. The Delray Preserve project is comprised of seven garden style 3-story apartment buildings, one 4-story apartment building and a 1- story clubhouse. Some units within the buildings have garages. In the 3 story buildings there are a total of 26 units with one car garages and 4 units with 2 car garages. The 4 story building has 16 units with one car garages. Many amenities will be provided, including a clubhouse with an entertainment kitchen, a resort style pool with resident cabana and BBQ area, a membership quality fitness center, a screening room and E-lounge and a tot lot to name a few. Justification of Text Amendments: Although the proposed Comprehensive Plan amendment does not involve a change in the Future Land Use Map (FLUM) designation, it does affect the future land use and overall development potential of the property. Therefore a justification for the proposed text amendments has been provided below in context with meeting the requirements of Future Land Use Element Policy A-1.7. 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 Page 2 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. Following the economic downturn which began in 2008, a mixed-use development project like Village Parc is no longer economically feasible under the current economic climate, and while a residential apartment project like Delray Preserve is feasible, it will require a higher density than currently permitted on the property to be a sustainable development. The proposed Comprehensive Plan and LDR text amendments to increase the density necessary to support the Delray Preserve project are consistent with Future Land Use Element Objective A-7 and Policy A-7.1 of the Comprehensive Plan which encourage the provision of workforce housing units by permitting higher density residential development. Future Land Use Element Objective A-7: To encourage the provision of workforce housing and transit-oriented workforce residential development in the City, the following policies shall be implemented. Future Land Use Element Policy A-7.1: 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 concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. Depending on the affordability level of the workforce units (very low to moderate income) being provided under the provisions of the Workforce Housing Program, between 13 and 26 workforce units must be provided to permit a density of 18 units per acre. With the proposed text amendments, at 24 units per acre, the number of required workforce units would double to between 25 and 52. There is precedent to support this increased density since higher densities are already permitted in other workforce housing overlay districts with 22 units per acre permitted in the Silver Terrace Courtyards overlay district, 24 units per acre permitted in the Southwest Neighborhood, Carver Estates and I- 951CSX RR Corridor overlay districts, 30 units per acre permitted in the Four Corners overlay district, and 40 to 50 units per acre permitted in the MROC zoning district. When the Family/Workforce Housing Ordinance was originally conceived in 2004, there was a severe shortage of housing in the City that was affordable to the everyday working families and citizens of the City. The City Commission recognized that the need to provide workforce housing was critical to maintaining a diversified and sustainable City having the character and sense of a community where people can live and work in the same area. During the recession, housing prices dropped substantially and affordability became less of an issue, but as the housing market has been recovering in the City and home prices are again increasing, it is important to get as many units as possible into Page 3 the workforce housing program so that affordable units will remain available in the long term (40 years under the program). The size of the subject property and its location on North Federal Highway makes it an ideal location for a higher density residential project. Development of a large commercial project is more difficult on the property since it is not located at the intersection of two roadways and the traffic on North Federal Highway is relatively low for a four lane arterial roadway. Additionally, the close proximity of the Central Business District makes this area better suited to support downtown commercial development than to compete with it. Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. In addition to the Objective and Policy related to workforce housing discussed above, a review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objective and Policy were noted: Future Land Use Element Obiective A-9: Property shall be developed or redeveloped, in a manner so that the future use, intensify 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 which has supported several land uses including the former Swap Shop Flea Market and past drive-in theater use for decades. The property is bordered on the north side by AC (Automotive Commercial zoning, on the south by RM (Medium Density Residential), on the west by GC (General Commercial) zoning, and on the east by the Town of Gulf Stream_ The adjacent land uses include the Autonation Volvo dealership to the north, Kokomo Key Townhomes (developed at 11.97 units per acre) to the south, several retail commercial uses to the west across Federal Highway, and a Florida Inland Navigation District tract used for spoil disposal resulting from maintenance of the Intracoastal Waterway to the east. The higher density development proposed will be compatible with all of these uses. Redevelopment of the corridor has been going slowly since adoption of the North Federal Highway Redevelopment Plan, and most of the development on the east side of Federal Highway has been primarily residential, including "The Estuary" and "Old Palm Grove". The most recent project, St. George, an 11.88 unit per acre townhouse development, was just approved by SPRAB on December 18, 2013. In addition to providing needed workforce housing, the proposed higher density residential development will add to the customer base for existing commercial uses along North Federal Highway and aid in the redevelopment of this corridor_ It will also support retail and services provided in the Central Business District. Future Land Use Element Policy„C-9.4 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of-way to the west, the easterly boundary of the CRA to the east, NE 4th Street to the south, and the north City limits to the north. Page 4 Properties in the corridor that front on Federal Highway primarily contain small-scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The goals of the Redevelopment Plan are to improve the appearance of the area and to stimulate the revitalization of the North Federal Highway corridor by encouraging new development, including additional residential development in the area. The Plan states that it should be the private sector rather than the public sector that is the driving force behind the redevelopment initiative on North Federal Highway, with the role of the public sector to provide direction, remove obstacles, and promote the area. Although the Redevelopment Plan assumed that the Swap Shop would remain on the subject property, its removal has left a void in this part of the corridor that must be filled. The Plan states that North Federal Highway should not compete with Atlantic Avenue, but compliment it by becoming a "workplace" with office buildings and light-industrial uses as opposed to boutiques and specialty shops. Light industrial uses are permitted in an overlay district on the west side of Federal Highway and office development is now being promoted by the City downtown and in the Congress Avenue corridor. The size and location of the property is not conducive to development of a large retail center. The property is not located at a major intersection and the traffic on North federal Highway is too low to sustain a large center. By creating a freestanding residential project on the subject property, competition with the downtown is avoided and the higher density residential development will help to fulfill the goal of the plan to promote revitalization by stimulating related commercial development on the smaller parcels along the corridor by creating demand for goods and services in the immediate area. Based upon the above, the redevelopment of the subject property will be complimentary to adjacent land uses and will fulfill remaining land use needs. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive. • Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The concurrency analysis assumes redevelopment of the property at the maximum intensity allowed under the amended description for the General Commercial designation. As shown on the following table, since the maximum nonresidential FAR is being reduced from 3.0 to 0.75, development under the new provisions would result in a reduction in nonresidential building area. The maximum development potential with the proposed amendment would be a mixed-use project with residential development at 24 units per acre and retail development at an FAR of 0.75. Therefore, the amendment will result in an increase in residential development potential and a reduction in maximum nonresidential potential from what is currently permitted within this portion of the Infill Page 5 Workforce Housing Area. A comparative analysis of the maximum development potential of the property has been provided below to support this conclusion. Table 1:Maximum Development Potential Mixed-Use Mixed-Use GC 1119,928 SF Retail(FAR 3.0) GC 279,981 SIF Retail(FAR 0.75) 154 Multi-Family Residential Units 205 Multi-Family Residential Units (18 units per acre) (24 units per acre) Ananalysis of the traffic impacts associated with the maximum development potential of a mixed-use development on the property was conducted. Since the increased residential development (due to the density increase) generates less traffic than the eliminated retail uses (due to the decreased F7\R), the new land use mix would represent a net reduction in potential traffic volumes of 17,275 trips with comparable reductions in /\M and PM peak hour traffic. As noted ear|imr, this analysis is m comparison of the traffic generation at the mnmxinnunn development potential of the property before and after the proposed text amendments. It is does not represent the actual traffic generated by the proposed Oa|rey Preserve pro]ect, which does not include retail development. A letter from Palm Beach County Traffic Division indicating that the project meets the traffic performance standards of Palm Beach County is required prior to approval (oertifiootiun) uf the related site plan. Table 2:Trip Generation Comparison Maximum Development Potential Ilh dil I'l TO Existina Future Land Use General Commercial(FAR 3.0) 1,119,928 32,652 1.120 683 437 3,210 1,541 ##a Residential Apartments(18 d u/ac) 154 1,078 79 16 63 95 62 33 Existing FLU Trips 33,730 1,199 699 Soo 3,305 1,603 Existing FLU External 1 27,890 99 21 Proposed Future Land Use General Commercial(FAR 0.75) 279,981 13,261 280 171 1109 1,268 609 659 Residential Apartments(24 dulac) 2D5 1,435 104 21 83 127 63 44 Proposed FLU Trips 14,696 384 192 192 1,395 692 703 Less Pass-by Traffic Proposed FLU External Trips 10,616 298 1 139 168 1,005 605 Soo Trip Generation rates from Palm IlCounty Page Water&Wastewater: Water and Wastewater service are both available to the property through connection to existing mains along North Federal Highway. Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. The geographic service area coincides with the Planning Area plus service provided to the Town of Gulf Stream through contract as a bulk customer. The service area encompasses approximately 18 square miles. The treatment plant, with a capacity of 28 million gallons per day, was constructed in 1972 and has a programmed life of 50 years (2022). Wastewater from the City is treated at the South County Regional Wastewater Treatment Plant (SCRWWTP), which is managed by the South Central Regional Wastewater Treatment and Disposal Board, established in 1974 through an agreement between the cities of Delray Beach and Boynton Beach. The wastewater treatment plant was constructed in 9979, with a programmed life of 50 years (2029). The Comprehensive Plan indicates that the current plant has adequate capacity to service the City's project population beyond the year 2025. The SCRWWTP has the capacity to provide up to 24 mgd of reclaimed-quality water. This capacity is shared equally between Boynton Beach and Delray Beach. In 2003, the City developed a Reclaimed Water Master Plan, which identified 16 areas for reclaimed water application. Through the use of reclaimed water, the City's 20-Year Water Supply Facilities Work Plan indicates that water supply facilities are planned and will be available to meet the future growth and water demands of the City of Delray Beach through the year 2030. Since adequate capacity is available in the City's water and wastewater systems to meet the demand, the proposed text amendments will not impact the level of service standard for these facilities. Drainage: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City-wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley-Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E-1 states: A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, are implemented with funding from the Stormwater Utility Fee. The additional impervious area for residential units and parking area as a result of the text amendments to increase the density from 18 to 24 units per acre will not negatively impact the LOS standard for drainage on the property or the surrounding area. There are no problems anticipated with obtaining South Florida Water Management District permits within the area, since the amount of impervious area is being reduced compared to the former swap shop development. "Delray's Lost Drive-in" was substantially paved with only 10.3% open space, while the proposed Delray Preserve project has 26% open space. Drainage will be accommodated on site via an exfiltration trench system on the property. Page 7 Parks & Recreation The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards." The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, establishes a level of service of 6.2 acres per 1,000 residents (2007), far exceeding the general guideline. The proposed additional units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. Thus, an in-lieu fee of $102,500 will be required of this development. Education (School Concurrence): School concurrency is addressed with all proposals for residential development. A request for concurrency determination will be submitted to the Palm Beach County School District as part of the Site Plan review process. A formal determination by the School District is required prior to approval (certification) of the related site plan. Solid Waste: As shown on the following table, with the proposed text amendments, the maximum development of the property would result in a net decrease of 73% or 4,527 tons in annual solid waste generation. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. Table 8:Solid Waste Generation Maximum Development Potential II ' ail. li il- ull lli', II 1I I - : Existing IUrdXimuml Development Potential IIIIII ;I Prpposed Mixed tJse Maximum b velopment ��;;. III II III IIIi: III II III' . II I�IIII II, Oterltlalllll ill 11 �i�, 1,119,928 SF Retail @ 10.2 Ibslsf=5,712 tons/yr 279,981 SF Retail @10.2 Ibs/sf= 1,428 tonslyear 154 MF Units @.52 tons/year=80 tons/yr 205 MF Units @.52 tons/year= 107 tons/year Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. • Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As noted earlier in this paper, the proposed residential development with the text amendments is compatible with the surrounding neighborhood, which consists primarily of commercial development to the north and west, residential townhouse development to the south, and a F,I.N.D, spoil area to the east. The proposed development, with its increase in density from 18 to 24 units per acre is compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Page 8 * Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be evaluated by the City during review of the conditional use and site plan requests. Following City review, any deficiencies will be corrected or relief will be sought. 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"3ur111111�11h ,�l II�II�IhI�I�I�I I�IIII_ -- _:¢ .-: _ - � LAX ILII l f _ 'r Jr �• � Ali__®� f . f 1 +�' is'� SMIA • f Y' r Guiail-Proposed Delray Reserve additional 6 townhouses https://.imil.google.coanlmaiVu/0/7 ui=2&ik-8d8681fe7d&view=pt&se_.. A McCALL Credle-Rosenthal Emccall6030[a'gmail.corn> ,.. I. Proposed Delray Reserve additional 6 townhouses 3 messages McCALL Credle-Rosenthal <mccall6030 @gmail.com> Mon,Apr 14,2014 at 8.24 AM To:Amy Alvarez<Alvarez@mydelraybeach.com> Cc:glickstein @mydeiraybeach.com, Petrolia @mydelraybeach.com,janjura @mydeiraybeach.com Bcc:toddjharvey@bellsouth.net,slates @comeast.net,jaclde@cmcmanagement.biz, Lane Garlee <lanecarlee @mac.com>,Andrew Trupin<trupinp @gmail.com>, Rebecca Truxeil<truxell @mydelraybeach.com>, Alice Finst-newest<affinst@eaithlink.net>, Debra Rosen-La Hacienda<dwrosen @hotmail.com>, Ben&Prisa-new La Hacienda<beanranch@bellsouth.net>, Pat Truscello<ptruscello @hotmail.com>,Tony and Vee La Hacienda <tony.fasciani@gmail.com>, Km Leahy<leahydelray @gmail.corn>, "aennis @paradisebank.com" <aennis@paradisebank.com>,"GonzaleeF@aol.com"<GonzaleeF @aol.com> To City Commissioners and Honorable Mayor of Delray Beach. Every time a developer goes before the City of Delray Beach requesting variances for an existing allocation, it is our hope that the Commissioners will factor in the effect invariably on the water run off,parking and trafficking. We,the La Hacienda HOA, oppose the the request for an additional 6 townhouses to be added to the already allocated 18 at the Federal Hwy Delray Preserve project. The La Hacienda neighborhood is submitting to the City an additional 15 letters of OPPOSITION to be included with the emails that you have received in advance of the Commission meeting of April 16th. I will not be in Qelray Beach on the 16th of April and we hope that the signed letters and emails will serve as our voice of opposition to the additional 6 townhouses request. Please comer our request to oppose an additional 6 Townhouses, We would like to thank you in advance for your consi eration. r McCall Credle ithal� President-L Hacienda HOA 817 Lake Avenue N Delray Beach, Fl 33483 Mail Delivery Subsystem<mailer-daemon @googlemail.com> Mon,Apr 14,2014 at 8:25 AM To:mccaII6030 @gmail.com Delivery to the following recipient failed permanently: janju ra @nydelraybeach.co m i of 3 4/14/2014 8.32 AM April 10,2014 To the Board of Planning and Zoning City of Delray Reach We,the La Hacienda Neighborhood,located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Town home Rental Unit Project. We,as citizens of Delray Beach,are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will he considered in your voting decision. Thank you. (sign here) Member of La Hacienda Neighborhood Homeowners Association April 10,2014 To the Board of Planning and Zoning City of Delray Beach We,the La Hacienda Neighborhood,located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We,as citizens of Delray Beach,are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. (sign here) Member of La Hacienda Neighborhood Homeowners Association April 10,21314 To the Board of Planning and Zoning City of Delray Beach Vile,the La Hacienda Neighborhood,located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. W-2,as citizens of Delray Beach,are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acne and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. = � C (sign here) Member of La Hacienda Neighborhood homeowners Association Ov l? I.31 xpni iLu,Lui4 To the Board of Planning and Zoning City of Delray Beach We,the La Hacienda Neighborhood,located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We,as citizens of Delray Beach,are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the IS units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. � rl here (sign ) Amt`er La II ad endaNeigh-la rhood Homeowners Association LR / APrII IU,2-UI4 To the Board of Planning and Zoning City of Delray Beach We,the La Hacienda Neighborhood,located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We,as citizens of Delray Beach,are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We,La Hacienda Horne Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. F 1 (sign here) er of La Hacienda Neig borhood homeowners Association i 4 April 10,2024 To the Board of Planning and Zoning City of Delray Beach We,the La Hacienda Neighborhood,located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project.- We,as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We,La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT he considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. 4, jr,i u L�_ (sign here) erif�er of La Hacienda Neighborhood Homeowners Association April 20,2014 To the Board of Planning and Zoning City of Delray Beach We,the La Hacienda Neighborhood,located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We,as citizens of Delray Beach,are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision_ Thank your. "!,,n here) Member of La ci nda Neighborhood Homeowners Association April 10,2014 To the Board of Planning and Zoning City of Delray Beach We,the La Hacienda Neighborhood,located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We,as citizens of Delray Beach,are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We,La Hacienda Horne Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. (sign here) (A�emer of La Hacie'ndl Nei borh od Homeowners Association April 10,2014 To the Board of Planning and Zoning City of Delray Beach We,the La Hacienda Neighborhood,located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Town home Rental Unit Project. We,as citizens of Delray Beach,are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Howie Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you, �( ere) ember of La Hacienda Neighborhood Homeowners Association April 10,2014 To the Beard of Planning and Zoning City of Delray Beach We,the La Hacienda Neighborhood,located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We,as citizens of Delray Beach, are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. f` 'f' It si n here) j Mernbe of La Hacienda ghborhood Homeowners Association i 1 April 10,2014 To the Board of Planning and Zoning City of Delray Beach We,the La Hacienda Neighborhood,located just south of the proposed Delray Preserve Oppose the plan to expand the proposal for development of a 24 Townhorne Rental Unit Project. We,as citizens of Delray Beach,are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We,La Hacienda Horne Owners believe that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. (sign here) Mem6trrof La Hacienda Neighborhood Homeowners Association April 10,2014 To the Board of Planning and Zoning City of Delray Beach We,the Ea Hacienda Neighborhood,located just south of the proposed Delray Preserve oppose the plan to expand the proposal for development of a 24 Townhome Rental Unit Project. We,as citizens of Delray Beach,are continuously being asked to make exceptions or allow additions for conditional use. The City had allocated between 12 units to 15 units to an acre and we are constantly asked to overlook allowances agreed upon. We, La Hacienda Home Owners Relieve that the 18 units to that acre are already over the limit and additional units should NOT be considered. Please consider our request as citizens of this city who are hoping that our voices will be considered in your voting decision. Thank you. sign here) Membeiffla Hacienda Neighborhood Homeowners Association FLORIDA INLAND FLORIDA INLAND NAVIGATION DISTRICT NAVIGAnon rnsrwcT .Tune 2, 2014 COMMISSIONERS Mark McDonnell Interim Planning and Zoning Director E.TYLERCHAPPELL City of Delray Beach CHAIR BRawARD COVnr1Y 100 NW Ist Avenue J.CARL BLOW Delray Beach, FL 33444 VICE-CHAIR ST.JOHNS COUNW Re: Proposed"Delray Preserve"Project Development DONALDJ.CU07Z0 TREASURER MARTINCOUNTY Dear Mr. McDonnell: JONATHAN S.NETTS SECRETARY FAGLERCOUNT I am writin g to advise the City that Florida Inland Navigation District ("FIND") ) AARON L.BOWMAN objects to the proposed Delray Preserve project in its current form. As you may DUVALCOUNTY be aware, FIND is the owner of the property (referred to as MSA 6411 641A) T,SPENCER CROWLEY,III located directly east of and abutting the proposed project site. FIND has owned MIAMI-DADECOU91Y this property since 1941 and, with the assistance of the U.S Army Corps of PAUL U.DRITENBAS NDIANRNERCOUW Engineers ("USAC> "), recently completed the construction of a dredged CHARLES C.15IMINGER material management facility thereon. This facility is an important and PALMOEACHCOUrM necessary infrastructure facility to serve the long-term maintenance needs of the GAIL KAVANAGH Intracoastal Waterway("IWW"), a federal navigation channel. sT. UCAECOUM SUSANNE MCCABE In 1996, FIND and Drive-In Theatres of Florida, Inc., the owner of the site of VDLUSIACOUM the proposed project at that time, entered into a Permanent Access Easement JERRY H.SANSOM Agreement ("Easement Agreement"), a copy of which is attached. The OREVARDCOUM Easement Agreement provided that FIND would have a permanent 30-foot LYNN A.WILLIAMS wide, unobstructed easement and right of way between MSA 641/641A and NASSAU COUNTY State Road S along a designated alignment. This alignment was negotiated between the parties to accommodate the owner's then ongoing use of the site as MAFIKT.CROSLEY a drive-in theatre and swap shop. The Easement Agreement provided that the EXECUTIVE DIRECTOR owner could relocate the easement elsewhere within the Drive-In property, JANETWEXE UTIV provide it remained a minimum of 30 feet in width and was unobstructed. ASSISTAI�LF EXECUTIVE DIRECTOR The preliminary site plan for the proposed Delray Preserve project designates and relocates F1ND's easement to the northerly portion of the site, through the facility's permanent parking area, and exiting an emergency access gate at the northwest corner of the property. This proposed realignment has several serious concerns and drawbacks which make it unacceptable to FIND. First, the easement is not a consistent 30 feet in width. Given that the easement must be able to accommodate two-way traffic of heavy dump trucks and other equipment,this minimum width is critical. ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY 1314 MARCINSKI ROAD,JUPITER,FLORIDA 33477-9427 TELEPHONE 561.627.3386 FAX I 561-624-648D www aicw.org Second, there are approximately 85 parking spaces and garages backing directly into the casement area. It is our grave concern that during the course of an off-loading event (i.e., when the dredged material is removed from VISA 641/641 A, requiring numerous dump truck trips over the course of several months), there could be a collision between a resident's automobile and heavy construction equipment and trucks accessing the site. Third, truck traffic and automobile traffic are inherently incompatible along this easement. Trucks have much longer stopping distances and reaction times than automobiles, which creates an inherently dangerous situation. Fourth, and probably most important, pedestrians, especially children, will be crossing the easement to access their parked automobiles as well as walking and riding bicycles in the easement. There is no practical way to exclude vehicles and pedestrians from the easement while it is being used to access the dredge material management facility. Once again, this creates a very hazardous situation. When the Easement Agreement was originally entered into, the site was zoned and used for commercial purposes. Whatever safety issues there may have been at that time appeared to be manageable. However, now that the current owners and purchasers are attempting to develop the site for an intense multifamily residential use, a severe safety problem will result unless a separate, segregated access easement is provided. This easement must be free of automobiles backing into it and pedestrians using it while FIND is conducting unloading operations. We have no doubt that the City and the developer share our concerns and desire to mitigate, if not completely climinaic, foreseeable operational and safety issues. The current site plan has serious shortcomings in this regard and needs to be revised. We are available to discuss alternative designs with City staff,the owner and the developer. Thank you. A c cc: 1,IND Commissioner Charles Isiniinger Peter U Breton, FIND General Counsel William P. Doney,FIND Special Counsel Kyle Clayton,ZOM Florida Enclosure Alvarez, Amy From: Jim <jimQtingram.com> Sent: Wednesday, June 04, 2014 9:50 AM To: Alvarez, Amy Subject: Delray Preserve I do not believe Delray Beach can afford the impact to the sense of community,the police force,fire Dept.,sewage,and schools that these changes will cause. If all these units are families(2 adults, 2 kids per unit),where do they go to school? How many people are projected to live here?What assumptions are these numbers based on? I would like to see single family homes, or at worse case the original zoning(not the last change proposal request). I purchased and invested in my Home based on this zoning. The developer can male plenty of money on single family homes.There are plenty of companies doing this. If he is thinking about working people he can make them affordable and make less, maybe give one or two away in a lottery.Single family homes encourage a sense of community. People make improvements and maintain single family homes, have a sense of permanent not transient. Delray Beach has a fair amount of rental units and transient"visitors".We need more single family homes. More stable families. Jim Ingram 620 Allen Ave Delray Beach, Fl 33483 561573 6533 J im @jtingram_com 1 Alvarez, Amy From: jpierrard @iberiafood.com Sent. Tuesday, June D3, 2014 12:49 PM To: Alvarez, Amy Subject: Proposed zoning change Dear. Ms. Alvarez, As a longtime resident of Allen Ave, I have lived , owned rental property and built houses on this street since 1990. 1 have serious concerns to the rezoning proposal for Delray Reserve:. I understand that you are considering increasing density from 18 units per acre to 24 units per acre as requested by the developer of the Delray Reserve project at 2001 N Federal Highway. Have any concurrence studies been completed to see the impact of this change? Why would you consider giving this zoning change that is uncharacteristic to the surrounding area? j believe the proposed change will have a negative effect of property values on the surrounding area and would ask you to provide me with independent impact studies show otherwise before you move forward with project. feel like this project is being rushed through without the proper vetting process. Due to my limited time 1 may or may not be able to attend or speak at future meetings. Although I would hope you will address my concern and receive my feedback before moving forward with this change.. Respectfully, John Errard 637Allen Ave Delray.Peach.FL 33483 305-710-6939 .. John Pierrard Chief Financial Officer Iberia Food Corporation 305-863-8840 AL 1 Alvarez, Amy From: Andrew Trupin <rupinp@gmail.com> Sent: Tuesday, June 03, 2011 11:30 AM To: Alvarez, Amy Subject: Delray Preserve Attachments: pripyat,jpg Dear Ms. Alvarez, I would like to voice my opposition to the large size and poor planning of the rental complex being considered at Dehay Preserve at North Federal Hwy. I am sure you have driven the section of Pompano Beach,with its Soviet Style apartment blocks that look like the deserted city of Pripyat,Ukraine, shortly after the Chernobyl disaster.A picture is attached. Of course your vision for Delray Beach does not have this city as a model. If so,then it should be an easy choice for you to stand up for the citizens of this city, who have labored to make this an attractive and desirable home, one that is regularly listed among the best beach towns in America. To ensure that this city continues to be an attractive place, development must taper off at some level. There is a finite amount of space for rental housing in this city and., based on the hundreds of sober homes, and thousands of empty townhomes, that level has surely been reached..There is also a(mite amount of capital that may be wisely applied to rental units,and, as you know,rental housing regularly attracts a huge amount of mal-invested capital, or hot money, which reveals itself in the inevitable collapse that follows. It takes firm hand and a solid political stance to hold off this tidal wave of hot money. You can use the argument that water runoff is not adequate. You may note that the new units will strain E city services, or that you plan to beautify federal highway will be frustrated by the traffic, or you might note that renters, not homeowners do not have a vested interest in beeping the units clean or well maintained. Or you can encourage the city council members to drive about 15 miles south on Al to Pompano beach to view the future of Delray, and vote accordingly.With the best interest of this city in mind.,I remain Sincerely Andrew Trupin 720 Lake Ave,N 33483 { Alvarez, Amy From: Kevin Osborn <ko1967 @gmail.com> Sera: Tuesday, June 03, 2014 8:35 AM To: Alvarez, Amy Subject: Fwd: Defray Preserve Army, This is the first of 2 letters that I referenced. Kevin ----------Forwarded message---------- r From: Prism Augustyn<beanranch a bellsouth.net> Date: Mon, Jun 2, 2014 at 7:40 PM Subject: Delray Preserve To: glickstein ctCa,mydelraybeach.com,petroliaCagi delraybeach.com, jarjura(a=delraybeach.com, frankcTgmydelraybeach.com jacquet@m;ydelraybeach.com Dear Mayor Glickste!n and Commissioners, I am writing to express my concern about the negative impact of the proposed 205 unit rental community on North Federal Highway. Together with our neighbors,we have been investing in preserving our quality of life and family-friendly atmosphere in spite of the increasing number of group-homes, unattractive and socially questionable businesses along the North corridor.We've seen the nursery disappear north of us,then the Swap Shop and the Flea market,where we used to walk to buy vegetables on the weekend.All gone for condominiums with barely any green space. Please think aboutthe families trying to raise children in the concrete jungle you are creating here! Let the importance of sustainability enter your decision making and the necessity to preserve some level of safety and dignity for your residents! Thank you for your consideration. Sincerely, Prisca Augusty i i 'Alvarez, Amy From: Kevin Osborn <ko1967 @gmail.com> Sent: Tuesday, June 03, 2914 8:35 AM To: Alvarez, Amy Subject: Fwd: Delray Preserve Opposition Amy, Here is the second of the two additional emails that I referenced. Kevin ---------- Forwarded message---------- From. Patricia Truseello<ptruscello�hotmai com> Date: Mon,Jun 2, 2014 at 4:11 PM Subject: Delray Preserve Opposition To: "jacquet g mydelraybeach.com" <jacguet mydelraybeacbxom>,Adam Frankel <frankel @mydelraybeach.com>, ur m delra beach.corn" <jariuragIpydelraybgacla.eom>, "petroliakinydelraybeach.conr"<petrolia niydelraybeach.com>, "glickstein@,mydelraybeach.com" <glickstein c7mydelraybeach.com> TO: Mayor Glickstein, Vice-Mayor Petrolia,Deputy Vice Mayor Jarjura, Commissioner Frankel, Commissioner Jacquet I strongly oppose increasing the density of the Delray Preserve proposed housing. I have lived in a nearby community, La Hacienda,since 2001. We have experienced inany changes in our neighborhood and have witnessed several dramatic changes in the surrounding areas. Although in general I feel change is good,this project could rapidly destroy North Delray Beach, High density housing is NOT what we need anywhere in Delray Beach. The existing corarnunities near the Delray Preserve are quite charming and upscale. We need to extend the Delray Beach charm northward along the Federal Highway corridor. We have worked hard at not only preserving our neighborhood's character,but improving it. Please help us continue to improve our neighborhoods,not witness their deterioration from overcrowding and congestion. Please do not allow high density housing that does not fit in with this neighborhood. It has been my understanding over the past 13 years,that one of the city's goals is to improve North Delray Beach,not bring it down. I am still waiting for the high-end restaurants that we were promised years ago. The area north of George Bush Boulevard along Federal Highway is still the City of Delray Beach and should be just as exquisite as areas to the south. All of Delray Beach could be lovely! Homeowners pay high taxes and appreciate the city's alluring characteristics. Downtown Delray is delightful! The residents in northeast Delray Beach would benefit greatly from the creation of an equally alluring hamlet in the northeast section of the city. Sharing our vision of a Healthy, safe and livable community is greatly appreciated. Thank you so much, Patricia Truseello 829 Lake Avenue North Deliay Beach, PL 33483 2 Alvarez, Amy From: Cynthia Taylor <cynthia.taylor @palmbeachschools.org> Sent: Monday, June 02, 2014 9:57 AM To: Alvarez, Amy Cc: kol967 @gmail.com Subject: Delray Preserve Attachments: Amy Alveraz.docx Dear Amy--please include this letter of opposition to the Delray Preserve file for tomorrow's Public Hearing Thank you, Cynthia Taylor Last Day of School for Students is June 5 and Teachers ,tune 6. Have a Sa#`e and Fora Summer! Follow us on 10 0 Disclaimer: Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. i _.... - Amy Alveraz, I have been a home owner for the past 15 years. My peaceful abode is located at 611 Allen Avenue. I attended the last City Hall meeting concerning the increase to 24 units per acre of the proposed Delray Preserve located in our neighborhood. My opposition to the steady rise of the original zoning for this property from 12 units to 18 units and now 24 units is on record. At that time I expressed many concerns of the impact the current density increase from 18 to 24 units per acre/50 additional apartments would have. I expressed concern of the traffic flow of the area. I have seen the difference first hand in traffic flow with the growth of Walmart and other businesses in the area in the last few years. It is necessary to enter northbound Federal Hwy from Allen Avenue and do a U-turn to travel South. This U-turn area is also the entrance/exit area for Kokomo Key residence. With the current 18 unit per acre proposal/150 apartments that equates to approximately 200/300 additional cars vying for entrance to Federal Hwy during morning and evening work commute times in the same vicinity. It is also on public record that there is a proposed office space being considered on the east side of Federal across the street from Johnny Mangos. This poses additional traffic concern. An increase in density not only means more traffic, it also means more noise, more solid waste, and resident turn over. Add[tionaliy,an increased density is not consistent with surrounding areas of Kokomo Key,Allen Avenue, Old Palm Grove,The Estuary, La Hacienda,or other neighborhoods down to George Bush. heard other relevant comments at the last meeting to name a few. One gentleman made the paint that the City of Delray had conducted a study(paid for with taxpayers money)of the property in question and made the recommendation of a maximum of 18 units—Why wasn't the City's own recommendation given credence? Delray markets itself and takes pride in being the quaint "Village by the Sea". To not protect this status near our northern border blends the line between Boynton and Delray. Please maintain the At the closing of the afore mentioned meeting attended, I was shocked at the comments made by City Council members and it was evident to me that a collaborative decision to allow the increase had already been made before the public meeting even started. The traffic pattern issue was dismissed with the logic of saying, "It is not a density issue rather a traffic flow issue"-- To my logic they are one and the same—more apartments= more traffic flow. I felt let down by my elected officials and that my time and comments made were not given the credit deserved. It was disrespectful. I hope that tomorrow's Public meeting is met with the consideration that our community members deserve. I will be there in support of Kevin Osborn's presentation. am also asking for the City to conduct a study and monitor the current traffic flow before in the area mentioned above before any final decision is made. Sincerely, Cynthia Taylor 611 Allen Avenue, Delray Beach 33432 Alvarez, Remy From: spawn olds <socompletemarine @gmall,ccm> Sent: Monday, June 02, 2014 10:24 AM To: Alvarez, Amy Subject: Delray Preserve I am a single resident of 630,I1len ave. This is the street just south of the proposed Delrasy Preserveproject'In my opinioi4 this project is not going to be good for the already existing properties. This project will increase the noise trac and it will also increase the crime as all rental al artrnent projects do. Please help as keep our beautiful aad well respected area as clean and safe as possible. Please do not allow the Developers to cwte in and lower our already existing standards and proem values just so they can profit short term. Keep Delray CLEA-Y.IND BEAUTIFUL... Thank you for listening to a concerned citizen Shawn Olds. Slux urn Olds 630 Allen Ave. Delray Beach FL 33253 1 Alvarez, Army From: Jim <jimQtingram.com- Sent: Monday, June 02, 2014 12:25 PM To: Alvarez, Amy Subject: development of the Drive inn theater/flea market site 1 do not believe Delray Beach can afford the impact to the sense of community,the police force,fire Dept.,sewage, and schools that these changes will cause. If all these units are families(2 adults, 2 kids per unit),where do they go to school? How many people are projected to live here?What assumptions are these numbers based on?I would like to see single family homes, or at worse case the original zoning(not the last change proposal request). I purchased and invested in my Home based on this zoning. The developer can make plenty of money on single family homes.There are plenty of companies doing this. If he is thinking about working people he can make them affordable and make less, maybe give one or two away in a lottery.Single family homes encourage a sense of community. People make improvements and maintain single family homes, have a sense of permanent not transient.Delray Beach has a fair amount of rental units and transient"visitors".We need more single family homes. More stable families. Jim Ingram High Tech Photonics JT Ingram Sales and Marketing 455 EVE 5t°Ave D-277 Delray Beach, FL 33483 561 573 6533 JimCa LUpgram.com i i Alvarez, Amy From: Sabrina A, Caruana &Associates Real Estate <c2lcaruana @aol.com> Sent: Thursday, May 15, 2014 3:17 PM To: Alvarez, Amy Subject: Delray Reserve Project Dear Ms. Alvarez, As a citizen of Delray Beach for 20 years and a resident close to 2001 N. Federal Hwy, I would like to formally object to the increase in density from 18 units per acre to 24 units per acre as requested by the developer of the Delray Reserve project at this property address. The increase in density for that property is not consistent with or complementary to the surrounding neighborhoods. Increasing the density to allow 50 additional apartments to be build will result in increased people, increased traffic, increased noise, increased trash, and increased turnover that is not necessary for the development of this property. In addition, it will bring transient residents to our neighborhood, people with no permanent roots, who are not the type of neighbors we are looking for. We would much prefer that this land was used to develop condos or townhouses that are For Sale and not For Rent. People who want to make Delray Beach their permanent home and not just a place to rent a high density, lower income rental apartment. Due to being out of the country for work, I may or may not be able to attend or speak at future meetings. Please add my objection to the file for that property. Respectfully, Sabrina Caruana 619 Allen Avenue Delray Beach, FL 33483 5abrin Caruana A -& Assoc. 'Pea1;:E!iiUW 4:61- S Untversitj brie; Davie FI 33328 (3 4')4:34 07Q17 Fax `(954)43d- O�Z2 Serurrgvuth f�briafa F Years' C12 THE PALM BEACH POST REAL NEWS STARTS 9W I WEDNESDAY,JUNE11.2014 NOTICE OF PUBLIC HEARING NOTICE OF COMPREHENSIVE, PLAN CHANCE CITY OF DELRAY BEACH, FLORIDA The CIy Commission of rha city of talray Beach will adopt the follow ng ordinance; ORDINANCE NO.07-14 AN ORDNANCE OF- THE CITY COMMISSION OF 'THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHENSIVE "N ' AMENDMENT, PURSUANT, TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT", FLORIDA- STATUTES SECTIONS 163-3161 ' THROUGH 163.3248; .11NCLUSIVE; ALI AS MORE PARTICULARLY . DESCRIBED IN EXHIBIT "A" ENTITLED' 'DELRAY PRESERVE COMPREHENSIVE PLAN AMENDMENT", AND iNCORPORATED HEREIN BY REFERENCE; PROVIDING.A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,AND AN EFFECTIVE DATE. T1re proposed TW AMENDMENT to the Comprehensive Plan is a modification to the description of the GC(General Commercial)Future Land Use designation and Policy A-7.2 of the Future,Lan`d Use Element to allow an increase in the density to a maximum of 24 units per acre and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned GC {General Commercial) which are located within the Infill W6rldorce Housing Overlay District- The City Commission will conduct a Public Hearing for _the 'purpose of accepting public testimony regarding the adoption of the Comprehensive Plan Amendment on TlJESDAM JUNE 17 2014 AT 7:0OL P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. i st Avenue, Delray Beach,Florida 33444. All.interested parties are invited to attend the public hearing and comment upon the Comprehensive Plan Amendment or submit their comments in writing to the Planning and Zoning Department. For further information on the proposed amendment or to obtain a copy of the proposed ordinance, please contact Ike Planning and Zoning Department, City Hall, 100 N.W. 1 st Avenue,Delray Beach,Florida 33444 (email at: pzmoil @mydelraybeack.com) or 'by calling Amy AWyez, Senior Planner 561.243-7040), between the hours of 8.00 a-m. and 5:00 p.m.,Monday through Friday,excluding holidays- Please be advised that if a person decides to appeal any decislon made by the City Commission with respect to any mctter considered at this hearing, such person will need a record of the proceedings, and for this purpose such, person may need to ensure that a verbatim record of the proceedings is made,which record includes the lestimon' and evidence upon which the appeal-is based. The,-6 does not provide or prepare such record pursuant lo:F. S. 286.0105. Published:Palm Beach Post CITY OF DELRAY BEACH Wednesday,June 11,2014 Ch"lo D.Nubia,Mh1C City Clwk C12 THE PALM BEACH POST REAL NEWS STARTS HM I WEDNESDAY,JUNE 11,2014 NOTICE OF PUBLIC HEARING NOTICE OF COMPREHENSIVE PLAN CHANGE CITY OF DELRAY BEACH, FLORIDA The City Commission of the City of balroy Beach will adopt the following ordinance: ORDINANCE NO. 07-14 AN ORDINANCE OF- THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHENSIVE PLAN AMENDMENT, PURSUANT, TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT", FLORIDA STATUTES SECTIONS 163.3161 ' THROUGH 163.3248, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "DELRAY PRESERVE COMPREHENSIVE PLAN AMENDMENT", AND INCORPORATED HEREIN BY REFERENCE; PROVIDING-A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,AND AN EFFECTIVE DATE. The proposed TEXT AMENDMENT to the Comprehensive Plan is a modification to the description of the GC(General Commercial)Future Land Use designation and Policy A-7.2 of the Future Land Use Element to allow an increase in the density to a maximum of 24 units per acre and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned GC (General Commercial) which are located within the Infill Workforce Housing Overlay District. The City Commission will conduct a Public Hearing for the purpose of accepting public testimony regarding the adoption of the Comprehensive Plan Amendment on TUESDAY, JUNE 17, 2014 AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1 st Avenue, Delray Beach,Florida 33444. All.interested parties are invited to attend the public hearing and comment upon the Comprehensive Plan Amendment or submit their comments in writing to'the Planning and Zoning Department. For further information on the proposed amendment or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1 st Avenue, Delray Beach, Florida 33444 (email at: pzmail @mydelraybeack-com) or by calling Amy Alvarez, Senior Planner 561.243-70401, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing, such person will need a record of the proceedings, and for this purpose such. person may need to ensure that a verbatim record of the proceedings is made,which record includes the testimontt. and evidence upon which the appeal is based. The-cilj4! does not provide or prepare such record pursuant to F. S. 286.0105. Published: Palm Beach Past CITY OF DELRAY BEACH Wednesday,June 11,2014 Cheveslle D.Nubia,RAMC City Clerk