Ord 08-14 ORDINANCE NO. 08-14
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS, BY AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL
(GC) DISTRICT°', SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES
ALLOWED",TO INCREASE DENSITY IN THE INFILL WORKFORCE HOUSING
AREA TO A]MAXIMUM OF 24 UNITS PER ACRE; AMENDING SUBSECTION
(G),"SUPPLE M0, L.DISTRICT REGULATIONS",TO ADD`AFB L WORKFORCE
HOUSING OVEIZLAY DISTRICT", TO PROVIDE AN FAR OF 0.75; AMENDING
ARTICLE 4.7, `TAMIL.Y WORKFORCE HOUSING", SUBSECTION 4.7.1,
"DEL DI MONS", SL7BSECRON (, "INFIII, WORKFORCE HOUSING .AREA" TO
-AMEND -MAPS TO INCREASE THE DENSITY IN THE GENERAL
COMMERCIAL (GC) ZONING DISTRICT; PROVIDING A SAVING
CLAUSE,A GENERAL REPEALER CLAUSE,AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on February 25, 2014 and voted 2_ to 3_ to not
approve the amendments; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the
Local Planning Agency, has determined that the change is not consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEL.RA
BEACH, FLORIDA,AS FOLLOWS:
Section 1. That Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(D) of the Land
Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read
as follows:
(D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses
within the GC District, except as modified in the North Federal Highway Overlay District by Section
4.4.9(G)(2) and except as modified in the Four Corners Overlay District by Section 4.4.9(G)(3)(c).
(1) Amusement game facilities.
(2) Wash establishments or facilities for vehicles.
(3) Child Care and Adult Day Care.
(4) Clubs and Lodges; social,fraternal, and recreational not exceeding 3,500 sq. ft. of
gross floor area.
( ) e 5 Driv in Theaters.
(6) Flea Markets,bazaars,merchandise marts,and similar retail uses.
(7) Funeral Homes.
(8) Gasoline Stations or the dispensing of gasoline directly into vehicles.
(9) Hotels and Motels.
(10) Ftee-standing multiple-family housing, including residential licensed service provider
facilities, subject to the requirements of the RM District except for setback and height requirements which
shall be pursuant to this Section.
(11) Recreational establishments such as bowling alleys, gymnasiums,health spas,miniature
golf courses, skating rinks.
(12) Sales and service of All Terrain Vehicles and personal watercraft (waverunnets,jet
skis),with no outside display, outside storage or outside service.
(13) Multiple family residential development, including residential licensed service provider
facilities and assisted living facilities,may exceed twelve (12)units per acre,up to a maximum of twenty_fout (24�
units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and A tticle
4.7, and subject to the requirements of the RM District except for setback and height requirements, which
shall be pursuant to this Section.
(14) Veterinary Clinics.
(15) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set
forth in Section 4.33(I).
(16) Adult Gaming Centers.
(17) Churches or places of worship, and their attendant Sunday school, recreational and
columbarium facilities not exceeding 3,500 square feet of gross floor area. The foregoing does not allow
establishment of educational and care uses such as elementary school and general day care.
(18) M-Ldtiple family residential development, including residential licensed service provider
facilities and assisted living facilities, may exceed.twelve (12) units pet acre, up to a maximum of eighteen (18)
units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and
Article 4.7, and subject to the requirements of the RM District except for setback and height requirements,
which shall be pursuant to this Section.
(19) Assisted Living Facilities, Nursing Homes, and Continuing Care Facilities subject to
the requirements of the RM District except for setback and height requirements which shall be pursuant to
this Section.
(20) Large Family Child Care Home, subject to Section 4.3.3(M.
Section 2. That Section 4.4.9, " General Commercial (GC) District", Subsection 4.4.9(G)(5) of the
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ORD.NO.08-14
Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read
(G) Supplemental District Regulations. In addition to the supplemental district regulations set.
forth in Article 4.6,the following supplemental district regulations shall apply in the GC District.
(1) The parking requirement for business and professional offices within that portion of
the GC zoning district bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the east, S.E. 4th Street
on the north and S.E. 10th Street on the south is established at one (1) space per 300 sq. ft. of net floor area.
(2) North Federal.Highway Overlay District: The following supplemental district
regulations apply to the North Federal Highway Overlay District, as defined in Section 4.5.7.
(a) In addition to the uses listed in 4.4.9(D}, the following light industrial uses are
allowed as conditional uses:
1. Fabrication and/or assembly of manufactured materials or parts for
distribution or sale, such as sheet metal, sign shops, glass shops,
electronics, cabinet and furniture making.
2. The wholesaling, storage and distribution of products and materials,
3. Self service storage facilities that comply with subsection(c) below.
(b) All uses listed under subsection (a) above must:
1. Operate in conjunction with a permitted service or retail use that is located
on the premises;
2. Maintain a commercial facade along North Federal Highway,with the light
industrial aspect of the business oriented toward Dixie Highway;
3. Operate within an enclosed building,with no outside storage;
4. Orient overhead doors away from adjacent rights-of-way, except where
existing, or where the approving body determines that it is not feasible to
comply; and,
5. Along the property line adjacent to Dixie Highway, provide a landscape
buffer consisting of a 4' high hedge, and trees planted 25 feet on center to
form a solid tree line.
(c) In addition to subsection (b) above, any self service storage facility shall
comply with the following. The following regulations supersede Section 43.3(A).
1. Lot Area: The minimum lot area is 1.5 acres and the maximum lot area is
3 acres.
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ORD.NO.08-14
i
2. Facilities and Requirements:
a. Outdoor bay type access to individual self-storage units that face a
street is prohibited. The exterior loading access points shall be
designed in such a way to minimize sight lines from adjacent roads.
b. No building shall exceed forty-eight feet (48') in height.
c. Parking shall be provided at the rates set forth in Section 4.6.9 for the
permitted service, office and retail uses and for self-storage uses,
parking shall be at a rate of one (1) parking space per 100 storage units
or portion thereof, including: (a) a minimum of three (3) loading
spaces for the self-service storage facility that must be striped and
signed to limit the time for loading and unloading to one (1) hour; and
in addition (b) three and one--half (3.5) spaces for each 1,000 square
feet of accessory office use associated with the self-storage use.
Notwithstanding the above, a minimum of five (5) parking spaces
other than loading spaces shall be provided in connection with the self-
storage use.
d. At least 2,500 square feet of ground floor area shall be devoted to at
least one additional principal retail or service use without limiting the
foregoing. The additional principal uses may be eating and drinking
establishments,retail or personal service.
3. Limitation of Uses:
a. Activities not related to the rental or lease of self-storage units shall not
be conducted within the self service storage facility area, unless
j specifically permitted through the conditional use process.
b. Except as otherwise provided in subsection (c), no business or activity
other than self storage shall be conducted from any self-storage unit in
the facility. Examples of prohibited uses include, but are not limited to
the following: the servicing, repair and/or restoration of automobiles,
boats, recreational vehicles, and/or restoration of automobiles, boats,
recreational vehicles, lawnmowers and the like; moving and self-
storage companies; cabinet malting and wood working (whether
personal or professional);personal hobbies and arts and crafts; and any
other activity unless specifically permitted through the conditional use
process.
c. Except as otherwise provided in this subsection (c), there shall be no
electrical power provided to, or accessible from any individual self
storage units. This includes the provision of lighting fixtures to the
interior of a self-storage unit, unless specifically addressed in the
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ORD.NO.08-14.
conditional use approval. The use of portable generators is also
d. The use or storage of any hazardous materials is prohibited.
e. the terms and conditions of this section shall be clearly expressed in all
self-storage rental or leasing contracts, as well as conspicuously
displayed in plain view on a sign no smaller than one foot (1') by two
feet(2') in the leasing office at the facility.
4. On-Site Manager: An on-site manager shall be employed at the facility
during all hours of operation.
5.. Hours of Operation: Customers of the self service storage facility may
not access individual self-storage units before 5:00 a.m. or any later tlian
9:00 p.m. Hours of operation may be further restricted when it is deemed
that morning and evening traffic into and out of the facility may negatively
impact the character of an adjacent residential area. In no circumstance
shall customers of any self service storage facility have 24 hour access to
their self-storage unit(s).
G. Landscape Requirements: In addition to all applicable landscape
requirements and other special provisions pursuant to the individual zone
district, a minimum ten foot (10') landscape buffer shall be required
adjacent to Federal Highway and Dixie Highway and a minimum five foot
(5') landscape buffer shall be required along all property lines that do not
abut a roadway.
7. Outdoor Storage of vehicles, Boats & Truck Rental: Outdoor storage
of boats and vehicles and truck rental is prohibited.
S. Architecture: All self service storage facility buildings must comply with
the following architectural standards. j
a. Building facades visible from the public right-of-way shall have the
appearance of a service and/or retail building through the use of
doors,windows, awnings,and other appropriate building elements.
b. Exterior building material shall be stucco or a similar material.
c. Buildings that can accommodate two or more stories shall be designed
where facing a street to have the appearance of a multi-story building
through the use of windows, doors, awnings, canopies or other
appropriate building elements.
5
ORD.NO. 08-14
d. Building facades facing a public fight-of-way must have a 15%
from the public right-of-way from the interior.
e. Detailed building elevations shall be submitted prior to the Conditional
Use public hearing.
9. Location: A self service storage facility shall not be located within a
radius of 1,000 feet of another existing self service storage facility.
(3) Four Corners Overlay District: The following supplemental district regulations
apply to the Four Cornetts Overlay District, as defined in Section 4.5.14.
(a) The permitted uses shall be those uses listed in Sections 4.4.9(B)(1,2,4,5).
(b) The accessory uses shall be those uses listed in Section (C).
(c) The conditional uses shall be those uses listed in Sections (D)( 2, 3, 9, 11, 14, 19,
and 20)
(d) Standards Pertaining to Allocation of Uses:
1. Office uses can encompass up to one hundred percent (100%) of the total
building square footage within a Four Corners Overlay master development
plan.
2. Retail uses shall not encompass mote than one hundred percent (100%) of the
total building area square footage of the Four Corners Overlay master
development plan.
3. Hotels,inotels, and residential all suite lodging shall not encompass more than
20% of the total building area square footage of the Four Corners Overlay
master development plan. Notwithstanding the above, hotels, hotels and
residential all suite lodging can comprise 100% of the floor area of an
individual building within a MDP containing multiple buildings.
4. Multi-family Dwelling Units; Multi-family uses and assisted living facilities,
but excluding duplexes subject to (a)(b)(c)(d)(e) below, ranging in density not
to exceed 30 units per acre subject to the following:
a. Residential units may comprise 75% of the total floor area of the
development master plan at a maximum density of (30) units pet acre and
only when proposed as part of a mixed.-use development containing office
and/or commercial uses.
b. Residential developments must include a minimum of 20% workforce
6
ORD.NO. 08-14
units consisting of riaoderate income workforce units as defined by Article
c. Workforce units shall be subject to general provisions of Article 4.7.6,
4.7.7, 4.7.8,4.7.9, and 4.7.10.
d. For mixed-use developments, the shared parking provisions of LDR
Section 4.6.9. (C)(S) shall be allowed.
e. All residential developments shall be subject to the Performance Standards
of 4.4.13(1)(2)
(e) Standards Unique to the Four Corners Overlay District:
Where standards unique to the Four Comers Overlay District conflict with
standards contained elsewhere in the zoning, subdivision, and landscape codes, the
standards of this Subsection shall apply:
1. Lot Coverage & Open Space:
a. Land area equal to at least 25% of the individual Four Corners Overlay'
District Master Development Plan (MDP) including the petimeterl
landscaped boundary, shall be in open space. Water bodies and paved
areas shall not be included in the meeting of this 25% open space
requirement.
2. Minimum Structure Size: Any free-standing non-residential principal
structure shall have a minimum floor area of 4,000 square feet, shall be
architecturally consistent with other structures in the master development
plan, and shall have direct access to and from other portions of the Four
Corners Overlay development.
3. Office and Conunercial Floor Heights shall be a minimum of twelve feet (12�
floor to floor on the first floor and ten (10') floor to floor on all floors above.
Residential uses shall have a minimum nine feet(9') floor to floor on all floors.
Hotel, motel and residential all suite lodging shall have a minimum of eight
feet six inches (8' 6") floor to floor on all floors. Auxiliary and service roams,
such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage
rooms, mechanical, electrical, and plumbing equipment rooms are exempted
from the floor height regulations.
(4) Lintco Development Overlay District: Within the Lintco. Development Overlay
District, as defined by Section 4.5.19(A), non-residential development intensity in non-residential or mixed-
use developments shall be limited to a maximum Floor Area Ratio (FAR) of 0.36.
7
ORD.NO. 09-14
{51 Infill Worldorce Housing Overlay District: Within the Tnfill Workforce Housing
use developments shall be limited to a maximum Floor Area Ratio (FAR -of 0.75.
Section 3. That Section 4.7, `Family Workforce Housing", Subsection 4.7.1(1), of the Land
Development Regulations of the City of Delray Beach, Florida, be, and the same hereby amends the naps to
increase the density in the GC zoning district to twenty-four (24) units per acre as attached as Exhibit A herein.
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 whole or part thereof other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same, are hereby
repealed.
Section b. That this ordinance shall become effective upon its adoption on second and final reading.
PASSED AND ADOPTED in regular session on second and final r o s the 1St day of July,
2014.
AYOR
ATTEST: \�
City Clerk
First Reading: June 3 2014
Second Reading: July 1, 2014
8
ORD.NO,08-14
RE,L NBIVS STARTS HERE WE:- _''
CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinances:
ORDINANCE NO.08-14
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT. REGULATIONS, BY AMENDING
SECTION 4.4.9, "GENERAL COMMERCIAL (GC)
DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND
STRUCTURES ALLOWED% TO INCREASE DENSITY IN THE
INFILL WORKFORCE HOUSING AREA TO A MAXIMUM
OF 24 UNITS PER ACRE; AMENDING SUBSECTION (G),
"SUPPLEMENTAL DISTRICT REGULATIONS', TO ADD
"INFILL WORKFORCE HOUSING OVERLAY DISTRICT", TO
PROVIDE AN FAR OF 0.75; AMENDING ARTICLE 4.7,
"FAMILY WORKFORCE HOUSING", SUBSECTION 4.7.1,
"DEFINITIONS", SUBSECTION (1), "INFILL WORKFORCE
HOUSING AREA" TO AMEND MAPS TO INCREASE THE
DENSITY IN THE GENERAL COMMERCIAL (GC) ZONING
DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE,AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings
for the purpose of accepting public testimony regarding the
proposed ordinance.The first Public Hearing will be held on
TUESDAY. JUNE 3. 2014 AT 7:00 P.M. in the Commission
Chambers at City Hall, 100 N.W. 1 st Avenue,Delray Beach,
Florida. If the proposed ordinance is passed on first reading,
a second Public Hearing will be held 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.
All interested citizens are invited to attend the Public Hearings
and comment on the proposed ordinance or submit their
comments in writing on or before the date of these hearings to
the Planning and Zoning Department.If you would like further
information with regard to how this proposed ordinance may
affect your property,please contact the Planning and Zoning
Department, City Hall, 100 N.W. 111 Avenue, FL 33444
(e-mail at pzmail @mydelraybeach.com) or by calling Amy
Alvarez, Senior Planner, at (561) 243-7284, 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 these hearings, such person will need
a verbatim 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 testimony and
evidence upon which the appeal is based. The City does not
provide or prepare such record pursuant to FS.286.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin,MMC
City Clerk
PUBLISH: Friday,May 23,2014
Wednesday,June 11,201 4
Coversheet Page 1 of 1
•
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Planning and Zoning
THROUGH: Terry Stewart, Interim City Manager
DATE: June 23, 2014
SUBJECT: AGENDA ITEM 10.B.-REGULAR COMMISSION MEETING OF JULY 1,2014
ORDINANCE NO.08-14(SECOND READING/SECOND PUBLIC HEARING)
BACKGROUND
On June 3, 2014, the Commission approved Ordinance No. 08-14 on First Reading. On June 17, 2014,
the Commission voted 5-0 to defer the Second Reading of the subject Ordinance to its July 1, 2014
meeting.
Legal Department Review: Ordinance No. 08-14 was published in the Palm Beach Post newspaper on
Friday, June 11, 2014 in compliance with advertisement requirements.
Finance Department Review: Finance recommends approval.
Discussion: This ordinance is before Commission for second reading and quasi-judicial hearing to
consider privately-initiated amendments to the Land Development Regulations (LDR) Sections 4.4.9,
"General Commercial", Subsection 4.4.9 (C), "Conditional Uses", to allow a density up to a maximum
of twenty-four (24) units per acre within the Infill Workforce Housing Area; creating Subsection 4.4.9
(G)(5), "Infill Workforce Housing Overlay District'' to establish a maximum Floor Area Ratio (FAR) of
0.75; amending Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions", Subsection
4.7.1.1, "Infill Workforce Housing Area" and Section 4.7.4(g), to specify the maximum allowable
density of 24 units per acre within the General Commercial zoning district.
Timing of Request: This item is not time-sensitive.
RECOMMENDATION
Recommend approval of Ordinance No. 08-14 on second and final reading.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=8109&MeetingID=508 12/9/2014
'.'�p�°
Rick Scott Jesse Panuccio-0 GOVERNOR EXECUTIVE DIRECTOR
FLORIDA DEPARTfMlENT-f
ECONOMIC OPPORTUNITY
May 23,2014
The Honorable Cary Glickstein, Mayor
City of Delray Beach
100 NW 1't Avenue
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. 141ESR),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, F.S., provides that if the second public hearing is
not held and the amendment adopted within 180 days of your 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.Biblo @deo.mvFlorido.com .
Sincerely,
r
Ana Richmond, Chief
Bureau of Community Planning
AR/aab
Enclosure: Procedures for adoption of comprehensive plan amendments
cc: Amy E.Alvarez, Senior Planner, City of Delray Beach Planning and Zoning Department
Michael J. Busha,AICP, Executive Director,Treasure Coast Regional Planning Council
Florida Department of Economic Opportunity Caldwell Building f 107 E.Madison Street I Tallahassee,FL 32399
866.FLA.2345 850.245.7105 1 850.921.3223 Fax
www_floridajobs.or www.twitter.com/FLDEO I www.facebook.cnm/FLDEO
SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR EXPEDITED STATE REVIEW
Section 163.3184(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 Iocal 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 by the local
government.
Effective:June 2,2011 Pagel
ADOPTION AMENDMENT PACKAGE: Please include the following information in
the amendment package:
In the case of text amendments, changes should be shown in strike-
through/underline format.
In the case 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 government 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
Gmail-Proposed Delray Reserve additional 6 townhouses https://tnail.google.coin/mail/u/4/7 ui=2&ik=gd8681fe7d&vicw=pt&se...
McCALL Credle-Rosenthal<mccal16030 @grnail.com>
I
Proposed Delray Reserve additional 6 townhouses
3 messages
McCALL Credle-Rosenthal <mccall6030 @g mail.com> Mon,Apr 14, 2014 at 8:24 AM
To:Amy Alvarez<Alvarez @mydelraybeach.com>
Cc:glickstein @mydelraybeach.com, Petrolia @mydelraybeach.com,janjura@mydelraybeach.com
Bcc:toddjharvey@bellsouth.net, slatw @comcast.net,jackie @cmcmanagement.biz, Lane Carlee
<Ian ecarlee@ma c.com>,Andrew Trupin <trupinp @gmaiLcom>, Rebecca Truxell<truxell@mydelraybeach.com>,
Alice Finst newest<ajfi nst@earthlin k.net>, Debra Rosen-La Hacienda <dwrosen @hotmail.com>, Ben & Prisa-new
La Hacienda<bean ranch@ bellso uth.net>, Pat Truscello <ptruscello@hotmail.com>, Tony and Vee La Hacienda
<tony.fasciani@gmail.com>, Kim Leahy <leahydelray @gmailcom>, "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 Delray 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 consi er our request to oppose an additional 6 Townhouses. We would like to thank you in advance
for your'consi eration.
McCall Credlesithal�
President —Ld Hacienda HOA
817 Lake Avenue N
Delray Beach, Fl 33483
;r�occallhC3QC�gf� ��i.cr,�ri
Mail Delivery Subsystem <mailer-daemon @googlemail.com> Mon,Apr 14, 2014 at 8:25 AM
To: mccaII6030 @gmaiLcom
Delivery to the following recipient failed permanently:
janjura@mydelraybeach_com
1 of 3 4/14/2014 5:32 AM
Additional Information for Item 10.13;
Regular Meeting June 3,2014
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.
cj��w --- (sign here)
Member of La Hacienda Neighborhood Homeowners Association
Additional Information for Item 103;
Regular Meeting June 3,2014
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 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
Additional Information for Item 103;
Regular Meeting June 3,2014
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.
-Th. n k you.
M
(sign here)
Member of La Hacienda Neighborhood Homeowners Association
I7a`j 14k't OOP— nJn
Additional Information for Item 10.13;
Regular Meeting June 3,2014
xpni iu,zu..4
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 knit 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.
t
r /'
(sign here)
er of La Hacienda Neighb rhood Homeowners Association
Additional Information for Item 103;
Regular Meeting June 3,2014
Apnl 111,zujL
I
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.
:v
r,
(sign here)
M�t er of La Hacienda Neil borhood Homeowners Association
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Additional Information for Item 103;
Regular Meeting June 3,2014
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)
m'eqTber of La Hacienda Neighborhood Homeowners Association
Additional Information for Item 103;
Regular Meeting June 3,2014
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 borne 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.
E 4/ c�
d"i'n here)
Member of La A ci nda Neighborhood Homeowners Association
Additional Information for Item 103;
Regular Meeting June 3,2014
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)
Mem Ee r of La Haciend fVei borh od Homeowners Association
Additional Information for Item 103;
Regular Meeting June 3,2014
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.
( here)
ember of La Hacienda Neighborhood Homeowners Association
Additional Information for Item 103;
Regular Meeting June 3,2014
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.
; ,!1
(sign here)
Membe of La Hacienda ghborhood Homeowners Association
r
Additional Information for Item 103;
Regular Meeting June 3,2014
April 10, 2014
To the Board of Planning and Zoning
City of Delray Beach
We,the La Hacienda Neighborhood,located gust 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)
Mem6 of La Hacienda Neighborhood Homeowners Association
Additional Information for Item 103;
Regular Meeting June 3,2014
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)
Membe f a Hacienda Neighborhood Homeowners Association
Additional Information for Item 103;
Regular Meeting June 3,2014
Alvarez, Amy
From: Sabrina A. Caruana & Associates Real Estate <c21 caruana @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, 1 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
61.9_Allen_Avenue
Delray Beach, FL 33483
Sa�r�naCaruana:
X, Caruana & Assoc, 'Rea Estate
4617 S'. University Drive
Davie,'Fl','3332
(954)434 0,7'00;
Fax (954);434=022';
Serving South Florida For Qver 32 Years!
i
Additional Information for Item 10.B;
Regular Meeting June 3,2014
Alvarez, Amy
From: Cynthia Taylor <cynthia.taylor @palmbeachschools.org>
Sent: Monday, June 02, 2094 9:57 AM
To: Alvarez, Amy
Cc: ko9967 @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 June 6. Have a Safe and Fun Summer!
Follow us on 91 a
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.
1
Additional Information for Item 10.B;
Regular Meeting June 3,2014
Amy Alveraz,
I have been a home owner forthe 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.
Additionally, 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.
I heard other relevant comments at the last meeting to name a few. One gentleman made the point
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 tome 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 letdown 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.
I 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
Additional Information for Item 103;
Regular Meeting June 3,2014
Alvarez, Amy
From: shawn olds <socompletemarine @gmail.com>
Sera: Monday, June 02, 2014 10:24 AM
To: Alvarez, Amy
Subject: Delray Preserve
I am a single resident of 630 Allen ave. This is the street just south of the proposed Delray Preserve project. In my opinion, this
project is not going to be goad for the already existing properties. This project will increase the noise traffic and it will also increase
the crime as all rental apartment projects do. Please help its keep our beautiful and well respected area as clean and safe as possible.
Please do not allow the Developers to come in and lower our already existing standards and property values just so they can profit
short term. Deep Delray CLEJN,0M BEAUTIFUL... Thank you for listening to a concerned citizen Shawn Olds.
Shawn Olds
630 flllen Ave.
Delray Beach FL 334,83
1
Additional Information for Item 103;
Regular Meeting June 3,2014
Alvarez, Amy
From: Jim <jim @jtingram.com>
Sent: Monday, June 02, 2014 12:25 PM
To: Alvarez, Amy
Subject: development of the Drive inn theater/flea market site
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 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 NE 5`" Ave
D-277
Delray Beach, FL 33483
561 573 6533
Jim @ltingram.com
1
Additional Information for Item 10.B;
Regular Meeting June 3,2014
ORDINANCE NO. 08-14
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS, BY AMENDING SECTION 4.4.9, "GENERAL
COMMERCIAL(GC) DISTRICT',SUBSECTION (D), "CONDITIONAL USES
AND STRUCTURES ALLOWED",TO INCREASE DENSITY IN THE INFILL
WORKFORCE HOUSING AREA TO A MAXIMUM OF 24 UNITS PER
ACRE; AMENDING SUBSECTION (G), "SUPPLEMENTAL DISTRICT
REGULATIONS", TO ADD "INFILL WORKFORCE HOUSING OVERT AY
DIS T RICI",TO PROVIDE AN FAR OF 0.75;AMENDING ARTICLE 4.7,"FAMILY
WORKFORCE HOUSING",SUBSF__C-HON 4.7.1,"DEFINITIONS",SUBSECTION
( , "INFILL WORKFORCE HOUSING AREA" TO AMEND MAPS TO
INCREASE THE DENSITY IN THE GENERAL, COMMERCIAL (GC)
ZONING DISTRICT;PROVIDING A SAVING CLAUSE,A GENERAL
REPEALER CLAUSE,AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on February 25, 2014 and voted 2 to 3 to approve
the amendments; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as
the Local Planning Agency, has determined that the change is consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(D) of the
Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following are allowed as conditional
uses within the GC District, except as modified in the North Federal Highway Overlay District by
Section 4.4.9(G)(2) and except as modified in the Four Corners Overlay District by Section
4.4.9(G)(3)(c).
(1) Amusement game facilities.
(2) Wash establishments or facilities for vehicles.
(3) Child Care and Adult Day Care.
(4) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft.
of gross floor area.
(5) Drive-in Theaters.
(6) Flea Markets, bazaars, merchandise marts, and similar retail uses.
(7) Funeral Homes.
(8) Gasoline Stations or the dispensing of gasoline directly into vehicles.
(9) Hotels and Motels.
(10) Free-standing multiple-family housing, including residential licensed service
provider facilities, subject to the requirements of the RM District except for setback and height
requirements which shall be pursuant to this Section.
(11) Recreational establishments such as bowling alleys, gymnasiums, health spas,
miniature golf courses, skating rinks.
(12) Sales and service of All Terrain Vehicles and personal watercraft (waverunners,
jet skis),with no outside display, outside storage or outside service.
(13) Multiple family residential development, including residential licensed service
provider facilities and assisted living facilities, may exceed twelve (12) units per acre, up to a maximum of
twen , -four (24� units per acre within the Infill Workforce Housing Area, subject to the provisions of
Section 4.4.6(1), and Article 4.7, and subject to the requirements of the RM District except for setback
and height requirements,which shall be pursuant to this Section.
(14) Veterinary Clinics.
(15) Group Home, Type 2 and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(1).
(16) Adult Gaming Centers.
(17) Churches or places of worship, and their attendant Sunday school, recreational
and columbarium facilities not exceeding 3,500 square feet of gross floor area. The foregoing does not
allow establishment of educational and care uses such as elementary school and general day care.
(18) Multiple family residential development, including residential licensed service
provider facilities and assisted living facilities, may exceed twelve (12) units per acre, up to a maximum
of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of
Section 4.4.60), and Article 4.7, and subject to the requirements of the RM District except for setback
and height requirements,which shall be pursuant to this Section.
(19) Assisted Living Facilities, Nursing Homes, and Continuing Care Facilities
subject to the requirements of the RM District except for setback and height requirements which shall
be pursuant to this Section.
(20) Large Family Child Care Home, subject to Section 4.3.3(TT).
Section 2. That Section 4.4.9, " General Commercial (GC) District", Subsection 4.4.9(G)(5) of
the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
2
ORD.NO. 08-14
(G) Supplemental District Regulations: In addition to the supplemental district
regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the GC
District.
(1) The parking requirement for business and professional offices within that
portion of the GC zoning district bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the
east, S.E. 4th Street on the north and S.E. 10th Street on the south is established at one (1) space per
300 sq. ft. of net floor area.
(2) North Federal Highway Overlay District: The following supplemental
district regulations apply to the North Federal Highway Overlay District, as defined in Section 4.5.7.
(a) In addition to the uses listed in 4.4.9(D), the following light industrial
uses are allowed as conditional uses:
1. Fabrication and/or assembly of manufactured materials or parts for
distribution or sale, such as sheet metal, sign shops, glass shops,
electronics, cabinet and furniture making.
2. The wholesaling, storage and distribution of products and materials;
3. Self service storage facilities that comply with subsection (c) below.
(b) All uses listed under subsection (a) above must:
1. Operate in conjunction with a permitted service or retail use that is
located on the premises;
2. Maintain a commercial facade along North Federal Highway, with
the light industrial aspect of the business oriented toward Dixie
Highway;
3. Operate within an enclosed building,with no outside storage;
4. Orient overhead doors away from adjacent rights-of-way, except
where existing, or where the approving body determines that it is
not feasible to comply; and,
5. Along the property line adjacent to Dixie Highway, provide a
landscape buffer consisting of a 4' high hedge, and trees planted 25
feet on center to form a solid tree line.
(c) In addition to subsection (b) above, any self service storage facility shall
comply with the following. The following regulations supersede Section 4.3.3(A).
1. Lot Area: The minimum lot area is 1.5 acres and the maximum lot
area is 3 acres.
3
ORD.NO. 08-14
2. Facilities and Requirements:
a. Outdoor bay type access to individual self-storage units that face
a street is prohibited. The exterior loading access points shall be
designed in such a way to minimize sight lines from adjacent
roads.
b. No building shall exceed forty-eight feet (48') in height.
c. Parking shall be provided at the rates set forth in Section 4.6.9
for the permitted service, office and retail uses and for self-
storage uses, parking shall be at a rate of one (1) parking space
per 100 storage units or portion thereof, including: (a) a
minimum of three (3) loading spaces for the self-service storage
facility that must be striped and signed to limit the time for
loading and unloading to one (1) hour; and in addition (b) three
and one-half (3.5) spaces for each 1,000 square feet of accessory
office use associated with the self-storage use. Notwithstanding
the above, a minimum of five (5) parking spaces other than
loading spaces shall be provided in connection with the self-
storage use.
d. At least 2,500 square feet of ground floor area shall be devoted
to at least one additional principal retail or service use without
limiting the foregoing. The additional principal uses may be
eating and drinking establishments, retail or personal service.
3. Limitation of Uses:
a. Activities not related to the rental or lease of self-storage units
shall not be conducted within the self service storage facility
area, unless specifically permitted through the conditional use
process.
b. Except as otherwise provided in subsection (c), no business or
activity other than self storage shall be conducted from any self-
storage unit in the facility. Examples of prohibited uses include,
but are not limited to the following: the servicing, repair and/or
restoration of automobiles, boats, recreational vehicles, and/or
restoration of automobiles, boats, recreational vehicles,
lawnmowers and the like; moving and self-storage companies;
cabinet making and wood working (whether personal or
professional); personal hobbies and arts and crafts; and any other
activity unless specifically permitted through the conditional use
process.
4
ORD.NO. 08-14
c. Except as otherwise provided in this subsection (c), there shall
be no electrical power provided to, or accessible from any
individual self-storage units. This includes the provision of
lighting fixtures to the interior of a self-storage unit, unless
specifically addressed in the conditional use approval. The use of
portable generators is also prohibited.
d. The use or storage of any hazardous materials is prohibited.
e. the terms and conditions of this section shall be clearly
expressed in all self-storage rental or leasing contracts, as well as
conspicuously displayed in plain view on a sign no smaller than
one foot (1') by two feet (2') in the leasing office at the facility.
4. On-Site Manager: An on-site manager shall be employed at the
facility during all hours of operation.
5. Hours of Operation: Customers of the self service storage facility
may not access individual self-storage units before 5:00 a.m. or any
later than 9:00 p.m. Hours of operation may be further restricted
when it is deemed that morning and evening traffic into and out of
the facility may negatively impact the character of an adjacent
residential area. In no circumstance shall customers of any self
service storage facility have 24 hour access to their self-storage
unit(s).
6. Landscape Requirements: In addition to all applicable landscape
requirements and other special provisions pursuant to the individual
zone district, a minimum ten foot (10') landscape buffer shall be
required adjacent to Federal Highway and Dixie Highway and a
minimum five foot (5') landscape buffer shall be required along all
property lines that do not abut a roadway.
7. Outdoor Storage of vehicles, Boats & Truck Rental: Outdoor
storage of boats and vehicles and truck rental is prohibited.
8. Architecture: All self service storage facility buildings must comply
with the following architectural standards.
a. Building facades visible from the public right-of-way shall have
the appearance of a service and/or retail building through the
use of doors, windows, awnings, and other appropriate building
elements.
b. Exterior building material shall be stucco or a similar material.
5
ORD.NO. 08-14
c. Buildings that can accommodate two or more stories shall be
designed where facing a street to have the appearance of a multi-
story building through the use of windows, doors, awnings,
canopies or other appropriate building elements.
d. Building facades facing a public right-of-way must have a 15%
minimum transparency consisting of windows that provide
visibility from the public right-of-way from the interior.
e. Detailed building elevations shall be submitted prior to the
Conditional Use public hearing.
9. Location: A self service storage facility shall not be located within a
radius of 1,000 feet of another existing self service storage facility.
(3) Four Corners Overlay District: The following supplemental district
regulations apply to the Four Corners Overlay District, as defined in Section 4.5.14.
(a) The permitted uses shall be those uses listed in Sections 4.4.9(B)(1,2,4,5).
(b) The accessory uses shall be those uses listed in Section (C).
(c) The conditional uses shall be those uses listed in Sections (D)(2, 3, 9, 11, 14,
19, and 20).
(d) Standards Pertaining to Allocation of Uses:
1. Office uses can encompass up to one hundred percent (100%) of the
total building square footage within a Four Corners Overlay master
development plan.
2. Retail uses shall not encompass more than one hundred percent (100%)
of the total building area square footage of the Four Corners Overlay
master development plan.
3. Hotels, motels, and residential all suite lodging shall not encompass
more than 20% of the total building area square footage of the Four
Corners Overlay master development plan. Notwithstanding the above,
hotels, motels and residential all suite lodging can comprise 100% of the
floor area of an individual building within a MDP containing multiple
buildings.
4. Multi-family Dwelling Units: Multi-family uses and assisted living
facilities, but excluding duplexes subj ect to (a)(b)(c)(d)(e) below, ranging
in density not to exceed 30 units per acre subject to the following:
6
ORD.NO. 08-14
a. Residential units may comprise 75% of the total floor area of the
development master plan at a maximum density of (30) units per
acre and only when proposed as part of a mixed-use development
containing office and/or commercial uses.
b. Residential developments must include a minimum of 20%
workforce units consisting of moderate income workforce units as
defined by Article 4.7 Family/Workforce Housing.
c. Workforce units shall be subject to general provisions of Article
4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10.
d. For mixed-use developments, the shared parking provisions of LDR
Section 4.6.9. (C)(8) shall be allowed.
e. All residential developments shall be subject to the Performance
Standards of 4.4.13(1)(2)
(e) Standards Unique to the Four Corners Overlay District:
Where standards unique to the Four Corners Overlay District conflict with
standards contained elsewhere in the zoning, subdivision, and landscape
codes, the standards of this Subsection shall apply:
1. Lot Coverage & Open Space:
a. Land area equal to at least 25% of the individual Four Corners
Overlay District Master Development Plan (MDP) including the
perimeter landscaped boundary, shall be in open space. Water
bodies and paved areas shall not be included in the meeting of this
25% open space requirement.
2. Minimum Structure Size: Any free-standing non-residential principal
structure shall have a minimum floor area of 4,000 square feet; shall be
architecturally consistent with other structures in the master
development plan; and shall have direct access to and from other
portions of the Four Corners Overlay development.
3. Office and Commercial Floor Heights shall be a minimum of twelve feet
(12') floor to floor on the first floor and ten (10') floor to floor on all
floors above. Residential uses shall have a minimum nine feet (9') floor
to floor on all floors. Hotel, motel and residential all suite lodging shall
have a minimum of eight feet six inches (8' 6") floor to floor on all
floors. Auxiliary and service rooms, such as, garages, restrooms, closets,
7
ORD.NO. 08-14
laundry rooms, dressing rooms, storage rooms, mechanical, electrical,
and plumbing equipment rooms are exempted from the floor height
regulations.
(4) Lintco Development Overlay District: Within the Lintco Development
Overlay District, as defined by Section 4.5.19(A), non-residential development intensity in non-
residential or mixed-use developments shall be limited to a maximum Floor Area Ratio (FAR) of 0.36.
(5) Infill Workforce Housing Overlay District: Within the Infill Workforce
HousinV, Overlay District, as defined by Section 4.5.12 non-residential development intensity in non-
residential or mixed-use developments shall be limited to a maximum Floor Area Ratio (FAR) of 0.75.
Section 3. That Section 4.7, "Family Workforce Housing", Subsection 4.7.1(1), of the Land
Development Regulations of the City of Delray Beach, Florida, be, and the same hereby amends the maps
to increase the density in the GC zoning district to twenty-four (24) units per acre as attached as Exhibit A
herein.
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 whole or part thereof other than the part declared to be
invalid.
Section 5. 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 its adoption on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the day of
12014.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
8
ORD.NO. 08-14
Coversheet Page 1 of 3
i
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Amy E. Alvarez, Senior Planner
Mark McDonnell, AICP, Interim Director of Planning and Zoning
THROUGH: Robert A. Barcinski, Interim City Manager
DATE: May 21, 2014
SUBJECT: AGENDA ITEM 10.B -REGULAR COMMISSION MEETING OF JUNE 3. 2014
ORDINANCE NO. 08-14
BACKGROUND
The Family/Workforce Housing Ordinance was initially adopted by the City Commission on
December 6, 2004 and included 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 (fka Delray Beach Swap
Shop) which is zoned General Commercial (GC). The amendment provided for a maximum
density of 18 units per acre through density bonuses for the provision of workforce housing.
This currently proposed amendment is to permit a maximum total density of 24 units per acre
for a development in the Infill Workforce Housing Area also zoned GC, whereas all other
designations within the Infill Workforce Housing Overlay District would be limited to 18 units
per acre. In addition, a FAR (Floor Area Ratio) for non-residential or mixed-use development
within the GC zoning district will be established at a maximum of 0.75 within the Infill
Workforce Housing Overlay District to retain the ability to incorporate some commercial
development at a later date. The provision of a FAR is already established in the
Comprehensive Plan at 3.0.
The amendment will also revise the applicable maps of the Land Development Regulations
(LDR) Section 4.7.1, Workforce Housing; Definitions, to specify 18 units per acre in the RM
Zoning District and 24 units per acre in the GC Zoning District. The current maps only specify
18 units per acre, and do not differentiate between zoning districts.
It should be noted that while 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.
http://agendas.mydeiraybeach.com/Bluesheet.aspx?ItemID=793 8&MeetingID=511 6/11/2014
Coversheet Page 2 of 3
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 18 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.
A text amendment (Ordinance 07-14) to the Comprehensive Plan to permit 24 units per acre
and reduce the FAR to .75 was reviewed by the City Commission at its April 16, 2014 meeting.
The City Commission approved the Ordinance on First Reading, and the amendment was
subsequently transmitted to the Florida Department of Economic Opportunity (DEO) for
review, where a finding of no impact was made (see attached DEO letter dated May 23, 2014).
Based on that finding, the subject LDR Amendment was able to move forward. Both
Ordinance 07-14 and Ordinance 08-14 (subject Ordinance) are each tentatively scheduled for
Second Reading at the City Commission meeting of June 17, 2014.
REVIEW BY OTHERS
The Comm_ unity Redevelopment Agency (CRA) reviewed the proposed amendment at its
meeting of February 13, 2014 and recommended approval.
The Planning and Zoning Board reviewed the proposed amendment at its meeting of
February 25, 2014 and made a motion to recommend approval, but it failed 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.
Legal Department Review: This item complied with all applicable conditions precedent prior
to coming before the City Commission.
Financial Department Review: Not applicable
Discussion: Consideration of a privately-initiated amendment to Land Development
Regulations by amending 4.4.9 "General Commercial', Subsection 4.4.9 (C) "Conditional
Uses", to allow a density up to a maximum of twenty-four (24) units per acre within the Infill
Workforce Housing Area; creating Subsection 4.4.9(G)(5) "Infill Workforce Housing Overlay
District" to establish a maximum Floor Area Ratio (FAR) of 0.75; amending Article 4.7
"Family/Workforce Housing" Section 47.1 "Definitions" Subsection 4.7.1,1 "Infill Workforce
Housing Area " and Section 4.7.4(8) to specify the maximum allowable density of 24 units per
acre within the General Commercial zoning district.
Operating Cost: NIA
Timing of the Reguest: Second Reading is presently scheduled for June 17, 2014.
Recommendations): Approve on first reading Ordinance 08-14, a privately-initiated
amendment to Land Development Regulations by amending 4.4.9 "General Commercial',
http://agendas.mydelraybeach.com/Bluesheet.aspx?ltemID=793 8&MeetingID=511 6/11/2014
Coversheet Page 3 of 3
Subsection 4.4.9 (C) "Conditional Uses", to allow a density up to a maximum of twenty-four
(24) units per acre within the Infill Workforce Housing Area; creating Subsection 4.4.9(G)(5)
"Infill Workforce Housing Overlay District" to establish a maximum Floor Area Ratio (FAR) of
0.75; amending Article 4.7 "Family/Workforce Housing" Section 4.7.1 "Definitions" Subsection
4.7.1.1 "Infill Workforce Housing Area" and Section 4.7.4(g) to specify the maximum allowable
density of 24 units per acre within the General Commercial zoning 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 and meets the criteria set forth in LDR Section 2.4.5(M)(5).
http://agendas.mydelraybeach.com/Blueshect.aspx?ItemlD=793 8&MeetingID=511 6/11/2014
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PLANNING AND ZONING BOARD MEMORAND..UM STAFF REPORT
MEETING DATE: FEBRUARY 25, 2014
AGENDA NO: IV.D.
AGENDA ITEM: Privately-initiated amendments to the Land Development Regulations that
include amending Section 4.4.9 "General Commercial", Subsection 4.4.9
(C) "Conditional Uses", to allow a density up to a maximum of twenty-four
(24) units per acre within the Infill Workforce Housing Area; creating
Subsection 4.4.9(G)(5) "Infill Workforce Housing Overlay District" to
establish a maximum Floor Area Ratio (FAR) of 0.75; amending Article
4.7 "Family/Workforce Housing" Section 4.7.1 "Definitions" Subsection
4.7.1.1 "Infill Workforce Housing Area " and Section 4.7.4(8) to specify the
maximum allowable density of 24 units per acre within the General
Commercial zoning district.
ITEM BEFORE,'THE BOARD
The item before the Board is that of making a recommendation to the City Commission
regarding a privately-initiated amendment to Land Development Regulations by amending 4.4.9
"General Commercial", Subsection 4.4.9 (C) "Conditional Uses", to allow a density up to a
maximum of twenty-four (24) units per acre within the Infill Workforce Housing Area; creating
Subsection 4.4.9(G)(5) "Infill Workforce Housing Overlay District" to establish a maximum Floor
Area Ratio (FAR) of 0.75; amending Article 4.7 "Family/Workforce Housing" Section 4.7.1
"Definitions" Subsection 4.7.1.1 "Infill Workforce Housing Area " and Section 4.7.4(g) to specify
the maximum allowable density of 24 units per acre within the General Commercial zoning
district.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND 1 PR OPQS.ID.AMENDMEN;T .
The Family/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 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 (fka Delray Beach Swap Shop)
which is zoned General Commercial (GC). The amendment provided for a maximum density of
18 units per acre through density bonuses for the provision of workforce housing.
This currently proposed amendment is to permit a maximum total density of 24 units per acre for
a development in the Infill Workforce Housing Area also zoned GC, whereas all other
designations within the Infill Workforce Housing Overlay District would be limited to 18 units per
acre. In addition, an FAR (Floor Area Ratio) for non-residential or mixed-use development within
the GC zoning district will be established at a maximum of 0.75 within the Infill Workforce
1
Planning and Zoning Board Memorandum Staff Report, February 25,2014
Amendment to LDRs re:Workforce Housing for GC Zoned Property
Page 2
........... .............j...............
Housing Overlay District to retain the ability to incorporate some commercial development at a
later date. The provision of an FAR is already established in the Comprehensive Plan.
The amendment will also revise the applicable maps of LDR Section 4.7.1, Work-force Housing;
Definitions, to specify 18 units per acre in the RM Zoning District and 24 units per acre in the
GC Zoning District. The current maps only specify 18 units per acre, and do not differentiate
between zoning districts.
It is noted that the applicant has also submitted an amendment to the Future Land Use Element
of the Comprehensive Plan to modify the description of the 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 to decrease the FAR to 0.75 for lands zoned GC located within the Infill
Workforce Housing Overlay District. This amendment is being reviewed concurrently with the
subject LDR Amendment.
It should also be noted that while 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.
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 18 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.
The proposed LDR Amendment is now before the Board for consideration.
LDR.AMENDMENT ANALYSIS,
Pursuant to LDR Section 2.4.5(M)(5), Findings, in addition to LDR Section 1.1.6(A), the City
Commission must make a finding that the text amendment is consistent with and furthers the
Goals, Objectives and Policies of the Comprehensive Plan.
The goals, objectives and policies of the Comprehensive Plan were reviewed and the following
applicable objectives and policies were noted:
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.
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped, in a
manner so that the future use, intensity and density are appropriate in terms of soil, topographic,
and other applicable physical considerations, encourage affordable goods and services,- are
complementary to and compatible with adjacent land uses, and fulfill remaining land use needs.
Planning and Zoning Board Memorandum Staff Report, February 25,2014
Amendment to LDRs re:Workforce Housing for GC Zoned Property
Page 3
The increased density from 18 to 24 units per acre will substantially increase the amount of
workforce housing provided while providing a more viable and sustainable use with additional
residential units, as opposed to general commercial at the north end of the City. While
commercial would still be permitted on the site (at an FAR of 0.75), it would be limited, and
further incentivize the residential development and provision of vital workforce housing units.
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.
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.
As previously indicated, the subject amendment is not property specific; however, only one
property is zoned GC and is designated as an Infill Workforce Housing Area. Therefore, review
of the subject Policy is also applicable 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 corridor while providing an ample amount of residential development which
will have the opportunity to provide Workforce Housing Units.
Based on the above, the proposed amendment is consistent with the applicable Goals,
Objectives and Policies of the Comprehensive Plan. Therefore, positive findings can be made
with respect to LDR Section 2.4.5(M)(5).
OTHERS
EW-:,'I§Y
The Community Redevelopment Agency (CRA) reviewed the proposed amendment at its
meeting of February 13, 2014 and recommended approval.
Public Notices were sent out to all property owners within a 500' radius.
Courtesy Notices were provided to the following homeowner and civic associations: Delray
Citizens Coalition, Kokomo Key, Town of Gulfstream, and La Hacienda.
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
Planning and Zoning Board Memorandum Staff Report, February 25,2014
Amendment to LDRs re:Workforce Housing for GC Zoned Property
Page 4
RECOMMENDED.ACTION`
Move a recommendation of approval to the City Commission for a privately-initiated amendment
to Land Development Regulations by amending Section 4.4.9 "General Commercial',
Subsection 4.4.9 (C) "Conditional Uses", to allow a density up to a maximum of twenty-four (24)
units per acre within the Infill Workforce Housing Area; creating Subsection 4.4.9(G)(5) "Infill
Workforce Housing Overlay District" to establish a maximum Floor Area Ratio (FAR) of 0.75;
amending Article 4.7 TamilylWorkforce Housing" Section 4.7.1 "Definitions" Subsection 4.7.1.1
"Infill Workforce Housing Area " and Section 4.7.4(g) to specify the maximum allowable density
of 24 units per acre within the General Commercial zoning 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 and meets the criteria set forth in LDR Section 2.4.5(M)(5).
Prepared by: Amy E. Alvarez, Senior Planner
Attachments:
• Justification Statement
• Draft Ordinance
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ORDINANCE NO. 08-14
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS, BY AMENDING SECTION 4.4.9, "GENERAL
COMMERCIAL(GC)DISTRICT",SUBSECTION (D},"CONDITIONAL USES
AND STRUCTURES A.I I OWED",TO INCREASE DENSITY IN THE ENTILL
WORIORCE HOUSING AREA TO A MAXIMUM OF 24 UNITS PER
ACRE; AMENDING SUBSECTION (G), 'SUPPLEMENTAL EMENIAL DI:SMCT
REGULATIONS", TO ADD 'JNFILL WORKFORCE HOUSING OVERLAY
DFIRICT",TO PROVIDE AN FAR OF 0.75;AMENDING ARTICLE 4.7,"FAMILY
WORKFORCE HOUSING",SUBSECTION 4.7.1,`T)EFI IITIONS",SUBSECTION
(�, "INFIIT WORKFORCE HOUSING AREA" TO AMEND MAPS TO
INCREASE THE DENSITY IN THE GENERAL COMMERCIAL (GC)
ZONING DISTRICT;PROVIDING A SAVING CLAUSE,A GENERAL
REPEALER CLAUSE,AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing Feld on XXX and voted to to approve the
amendments; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board., sitting as
the Local Planning Agency, has determined that the change is consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section L That Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(D) of the
Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(D) Conditional Uses and Structures Allowed: The following are allowed as conditional
uses within the GC District, except as modified in the North Federal Highway Overlay District by
Section 4.4.9(G)(2) and except as modified in the Four Corners Overlay District by Section
4.4.9(G)(3)(c).
(1) Amusement game facilities.
(2) Wash establishments or facilities for vehicles.
(3) Child Care and Adult Day Care.
(4) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft.
of gross floor area.
(5) Drive-in Theaters.
(6) Flea Markets, bazaars, merchandise marts, and similar retail uses.
(7) Funeral Homes.
(8) Gasoline Stations or the dispensing of gasoline directly into vehicles.
(9) Hotels and Motels.
(10) Free-standing multiple-family housing, including residential licensed service
provider facilities, subject to the requirements of the RM District except for setback and height
requirements which shall be pursuant to this Section.
(11) Recreational establishments such as bowling alleys, gymnasiums, health spas,
miniature golf courses, skating rinks.
(12) Sales and service of All Terrain Vehicles and personal watercraft (waverunners,
jet skis),with no outside display, outside storage or outside service.
(13) Multiple family residential development, including residential licensed service
provider facilities and assisted living facilities,may exceed twelve (12) units per acre, up to a maximum of
twenty--four (24) units per acre within the Infill Workforce Housing Area, subject to the provisions of
Section 4.4.67, and Article 4.7, and subject to the requirements of the RM District except for setback
and height requirements,which shall be pursuant to this Section.
(14) Veterinary Clinics.
(15) Group Home, Type 2 and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(1).
(16) Adult Gaming Centers.
(17) Churches or places of worship, and their attendant Sunday school, recreational
and columbarium facilities not exceeding 3,500 square feet of gross floor area. The foregoing does not
allow establishment of educational and care uses such as elementary school and general day care.
(18) Multiple family residential development, including residential licensed service
provider facilities and assisted living facilities, may exceed twelve (12) units per acre, up to a maximum
of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of
Section 4.4.6(1), and Article 4.7, and subject to the requirements of the RM District except for setback
and height requirements,which shall be pursuant to this Section.
(19) Assisted Living Facilities, Nursing Homes, and Continuing Care Facilities
subject to the requirements of the RM District except for setback and height requirements which shall
be pursuant to this Section.
(20) Large Family Child Care Home, subject to Section 4.33(m.
Section 2. That Section 4.4.9, " General Commercial (GC) District", Subsection 4.4.9(G)(5) of
the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
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ORD.NO. 08-14
(G) Supplemental District Regulations: In addition to the supplemental district
regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the GC
District.
(1) The parking requirement for business and professional offices within that
portion of the GC zoning district bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the
east, S.E. 4th Street on the north and S.E. 10th Street on the south is established at one (1) space pet
300 sq. ft. of net floor area.
(2) North Federal Highway Overlay District: The following supplemental
district regulations apply to the North Federal Highway Overlay District, as defined in Section 4.5.7.
(a) In addition to the uses listed in 4.4.9(D), the following light industrial
uses are allowed as conditional uses:
1. Fabrication and/or assembly of manufactured materials or parts for
distribution or sale, such as sheet metal, sign shops, glass shops,
electronics, cabinet and furniture making.
2. The wholesaling, storage and distribution of products and materials;
3. Self service storage facilities that comply with subsection (c) below.
(b) All uses listed under subsection (a) above must:
1. Operate in conjunction with a permitted service or retail use that is
located on the premises;
2. Maintain a commercial facade along North Federal Highway, with
the light industrial aspect of the business oriented toward Dixie
Highway;
3. Operate within an enclosed building,with no outside storage;
4. Orient overhead doors away from adjacent tights-of-way, except
where existing, or where the approving body determines that it is
not feasible to comply;and,
5. Along the property line adjacent to Dixie Highway, provide a
landscape buffer consisting of a 4' high hedge, and trees planted 25
feet on center to form a solid tree line.
(c) In addition to subsection (b) above, any self service storage facility shall
comply with the following. The following regulations supersede Section 4.3.3(A).
1. Lot Area: The minimum lot area is 1.5 acres and the maximum lot
area is 3 acres.
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ORD.NO.08-14
2. Facilities and Requirements:
a. Outdoor bay type access to individual self-storage units that face
a street is prohibited. The exterior loading access points shall be
designed in such a way to minimize sight lines from adjacent
roads.
b. No building shall exceed forty-eight feet(48') in height.
c. Parking shall be provided at the rates set forth in Section 4.6.9
for the permitted service, office and retail uses and for self
storage uses, parking shall be at a rate of one (1) parking space
per 100 storage units or portion thereof, including: (a) a
minimum of three (3) loading spaces for the self-service storage
facility that must be striped and signed to limit the time for
loading and unloading to one (1) hour; and in addition (b) three
and one-half(3.5) spaces for each 1,000 square feet of accessory
office use associated with the self-storage use. Notwithstanding
the above, a minimum of five (5) parking spaces other than
loading spaces shall be provided in connection with the self-
storage use.
d. At least 2,500 square feet of ground floor area shall be devoted
to at least one additional principal retail or service use without
limiting the foregoing. The additional principal uses may be
eating and drinking establishments,retail or personal service.
3. Limitation of Uses:
a. Activities not related to the rental or lease of self-storage units
shall not be conducted within the self service storage facility
area, unless specifically permitted through the conditional use
process.
b. Except as otherwise provided in subsection. (c), no business or
activity other than self storage shall be conducted from any self-
storage unit in the facility. Examples of prohibited uses include,
but are not limited to the following: the servicing, repair and/or
restoration of automobiles, boats, recreational vehicles, and/or
restoration of automobiles, boats, recreational vehicles,
la`vntnowers and the life; moving and self-storage companies;
cabinet making and wood working (whether personal or
professional);personal hobbies and arts and crafts; and any other
activity unless specifically permitted through the conditional use
process.
4
ORD.NO.08-14
c. Except as otherwise provided in this subsection (c), there shall
be no electrical power provided to, or accessible from any
individual self-storage units. This includes the provision of
lighting fixtures to the interior of a self-storage unit, unless
specifically addressed in the conditional use approval. The use of
portable generators is also prohibited.
d. The use or storage of any hazardous materials is prohibited.
e. the terms and conditions of this section shall be clearly
expressed in all self storage rental or leasing contracts, as well as
conspicuously displayed in plain view on a sign no smaller than
one foot (l') by two feet (2') in the leasing office at the facility.
4. On-Site Manager: An on-site manager shall be employed at the
facility during all hours of operation.
5. Hours of Operation: Customers of the self service storage facility
may not access individual self storage units before 5:00 a.m. or any
later than 9:00 p.m. Hours of operation may be further restricted
when it is deemed that morning and evening traffic into and out of
the facility may negatively impact the character of an adjacent
residential area. In no circumstance shall customers of any self
service storage facility have 24 hour access to their self-storage
unit(s).
6. Landscape Requirements: In addition to all applicable landscape
requirements and other special provisions pursuant to the individual
zone district, a minimum ten foot (10') landscape buffer shall be
required adjacent to Federal Highway and Dixie Highway and a
minimum five foot (5') landscape buffer shall be required along all
property lines that do not abut a roadway.
7. Outdoor Storage of vehicles, Boats & Truck Rental: Outdoor
storage of boats and vehicles and truck rental is prohibited.
8. Architecture: All self service storage facility buildings must comply
with the following architectural standards.
a. Building facades visible from the public right-of--way shall have
the appearance of a service and/or retail building through the
use of doors, windows, awnings, and other appropriate building
elements.
b. Exterior building material shall be stucco or a similar material.
5
ORD.NO. 08-14
c. Buildings that can accommodate two or more stories shall be
designed where facing a street to have the appearance of a multi-
story building through the use of windows, doors, awnings,
canopies or other appropriate building elements.
d. Building facades facing a public right-of-way must have a 15%
minimum transparency consisting of windows that provide
visibility from the public right-of-way from the interior.
e. Detailed building elevations shall be submitted prior to the
Conditional Use public hearing.
9. Location: A self service storage facility shall not be located within a
radius of 1,000 feet of another existing self service storage facility.
(3) Four Corners Overlay District: The following supplemental district
regulations apply to the Four Cornets Overlay District, as defined in Section 4.5.14.
(a) The permitted uses shall be those uses listed in Sections 4.4.9(B)(1,2,4,5).
(b) The accessory uses shall be those uses listed in Section (C).
(c) The conditional uses shall be those uses listed in Sections (D)(2, 3, 9, 11, 14,
19, and 20).
(d) Standards Pertaining to Allocation of Uses:
1. Office uses can encompass up to one hundred percent (100%) of the
total building square footage within a Four Corners Overlay master
development plan.
2. Retail uses shall not encompass more than one hundred percent (100 0/0)
of the total building area square footage of the Four Corners Overlay
master development plan.
3. Hotels, motels, and residential all suite lodging shall not encompass
more than 20% of the total building area square footage of the Four
Corners Overlay master development plan. Notwithstanding the above,
hotels, motels and residential all suite lodging can comprise 100% of the
floor area of an individual building within a MDP containing multiple
buildings.
4. Multi-family Dwelling Units: Multi-family uses and assisted living
facilities, but excluding duplexes subject to (a)(b)(c)(d)(e) below, ranging
in density not to exceed 30 units per acre subject to the following:
6
ORD.NO. 08-14
a. Residential units may comprise 75% of the total floor area of the
development master plan at a maximum density of (30) units per
acre and only when proposed as part of a mixed-use development
containing office and/or commercial uses.
b. Residential developments must include a minimum of 20%
workforce units consisting of moderate income workforce units as
defined by Article 4.7 Family/Workforce Housing.
c. Workforce units shall be subject to general provisions of Article
4.7.6,4.7.7, 4.7.8, 4.7.9, and 4.7.10.
d. For mixed-use developments, the shared parking provisions of LDR
Section 4.6.9. (C)(8) shall be allowed.
e. All residential developments shall be subject to the Performance
Standards of 4.4.13(1)(2)
(e) Standards Unique to the Four Corners Overlay District:
Where standards unique to the Four Corners Overlay District conflict with
standards contained elsewhere in the zoning, subdivision, and landscape
codes,the standards of this Subsection shall apply:
1. Lot Coverage & Open Space:
a. Land area equal to at least 25% of the individual Four Corners
Overlay District Master Development Plan (MDP) including the
perimeter landscaped boundary, shall be in open space. Water
bodies and paved areas shall not be included in the meeting of this
25% open space requirement.
2. Minimum Structure Size: Any free-standing non-residential principal
structure shall have a minimum floor area of 4,000 square feet; shall be
architecturally consistent with other structures in the master
development plan; and shall have direct access to and from other
portions of the Four Corners Overlay development.
3. Office and Commercial Floor Heights shall be a minimum of twelve feet
(12') floor to floor on the first floor and ten (10') floor to floor on all
floors above. Residential uses shall have a minimum nine feet (9') floor
to floor on all floors. Hotel, motel and residential all suite lodging shall
have a minimum of eight feet six inches (8' 6") floor to floor on all
floors. Auxiliary and service rooms, such as, garages, restrooms, closets,
7
ORD.NO. 08-14
laundry rooms, dressing rooms, storage rooms, mechanical, electrical,
and plumbing equipment rooms are exempted from the floor height
regulations.
(4) Lintco Development Overlay District: Within the Lintco Development
Overlay District, as defined by Section 4.5.19(A), non-residential development intensity in non-
residential or mixed-use developments shall be limited to a maximum Floor Area Ratio (FAR) of 0.36.
(5� Infill Workforce Housing Overlay District: Within the Infill Workforce
Housin-g Overlay District�as defined by Section 45.12 non--residential development intensity in non-
residential or mixed-use developments shall be limited to a maximum Floor Area Ratio {FAR) of 0.75.
Section 3. That Section 4.7, "Family Workforce Housing", Subsection 4.7.1(1), of the Land
Development Regulations of the City of Delray Beach, Florida, be, and the same hereby amends the maps
to increase the density in the GC zoning district to twenty-four (24) units per acre as attached as Exhibit A
herein.
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 whole or part thereof other than the part declared to be
invalid.
Section 5. 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 its adoption on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the day of
2014.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
8
ORD.NO.08-14
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, 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-7.9: 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.
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-
95/CSX 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 ONective 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
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.
i
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.
i
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
..............
"A
SEO
FI_UM
...,j a x' imu opT..e.................
0 ential FLU
Ma:xinur
Mixed.... .. .
Use
acres) D evelopixiOn v Potential
-1':::_,,
Mixed-Use Mixed-Use
GC 1,119,928 SF Retail (FAR 3.0) GC 279,981 SF Retail (FAR 0.75)
(8.57 acres) & .
(857 acres) &
154 Multi-Family Residential Units 205 Multi-Family Residential Units
L (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 FAR), 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 Comparison
Maximum Development Potential
a y,
A Peak Hour,,
..... ........
........... L' d'U
Int n t
1z"
ota -
In ';
!iZgI: ri i ps Ou t
n Out
Future Land Use
General Commercial(FAR 3.0) 1,119,928 32,652 1,120 683 437 3,210 1,541
Residential Apartments(18 du/ac) 154 1,078 79 16 63 95 62 33
Existing FLU Trips 33,730 1,199 699 500 3,305 1,603
Less Pass-by Traff
General Commercial 17.88% (5,840) (200) (122) (78)1 (574) (276)1 (298)
Existing FLU External Trips 27,890 999 577 1 422 2,731 1,327
Proposed Future Land Use I
General Commercial(FAR 0.75) 279,981 13,261 280 171 109 1,268 609 659
Residential Apartments(24 dulac) 205 1,435 104 21 63 127 83 44
Proposed FLU Trips 14,696 384 192 192 1,395 692 703
Less Pass-by Traffic
General Commercial 30.78% (4,081) (85) (53)1 (34)1 (390) (187)1 (203)
8
Proposed FLU External Tripsi 10,615 29] 139 156 1,005 505 500
Net Now External Trips(Proposed-Existing) (17,275) (701) (438)1 (264)1 (1,726) (1322)1 (904)
Trip Generation rates from Palm Beach County
Page 6
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 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 103% 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
Existm Maximum De,, I meet Pot nt� 'I Proposed Mixed U?e Maximum Development
9 �
. .
Potential
1,119,928 SF Retail @ 10.2 Ibslsf=5,712 tonslyr 279,981 SF Retail @10.2 Ibslsf= 1,428 tons/year
154 MF Units @.52 tons/year=80 tonslyr 205 MF Units @ ,52 tonslyear= 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
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, 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 Obiective 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-
95/CSX 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-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
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
EXISTING PROPOSED
FLUM Maximum Development Potential FLUM Maximum Mixed Use
(acres) (acres) Development Potential
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 FAR), 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 Comparison
Maximum Development Potential
Land Use Intensity Daily AM Peak Hour PM Peak Hour
Trips Total In Out Total In Out
Existing Future Land Use
General Commercial(FAR 3.0) 1,119,928 32,652 1,120 683 437 3,210 1,541 ####
Residential Apartments(18 du/ac) 154 1,078 79 16 63 95 62 33
Existing FLU Trips 33,730 1,199 699 500 3,305 1,603 ####
Less Pass-by Traffic
General Commercial 17.88% (5,840) (200) (122) (78) (574) (276) (298)
Existing FLU External Trips 27,890 999 577 422 2,731 1,327 ####
Proposed Future Land Use
General Commercial(FAR 0.75) 279,981 13,261 280 171 109 1,268 609 659
Residential Apartments(24 du/ac) 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 30.78% (4,081) (86) (53) (34) (390) (187) (203)
Proposed FLU External Trips 10,615 298 139 158 1,005 505 500
Net New External Trips(Proposed-Existing) (17,275) (701) (438) (264) (1,726) (822) (904)
Trip Generation rates from Palm Beach County
Page 6
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 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
Existing Maximum Development Potential Proposed Mixed-Use Maximum Development
Potential
1,119,928 SF Retail @ 10.2 Ibs/sf=5,712 tons/yr 279,981 SF Retail @10.2 Ibs/sf= 1,428 tons/year
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.
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• Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Compliance with the Land Development Regulations will be evaluated by the City during
review of the conditional use and site plan requests. Following City review, any
deficiencies will be corrected or relief will be sought.
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