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.
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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
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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. ! '
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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. '
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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. �
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[% 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 |
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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
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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.
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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. |
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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. |
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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. |
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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
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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
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2001 N. Federal Hwy. ¢ >
Delray Beach, FL 33483
N.E. 22nd Ln. a
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N.E. 14th st.
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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.
Page 9
Workforce Housing Overlay
10th Street Overlay
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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