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Ord 31-05 r " /,\ ORDINANCE NO. 31-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2005-1, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2005-1 " AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local i Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Horida"; and I WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2005-1; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on May 23, 2005, in accordance with the requirements of the \ "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2005-1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2005-1 was submitted to and reviewed by the City Commission; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and (' /,\ WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2005-1 was held by the City Commission on June 7, 2005 at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2005-1 was found to be in compliance by the Florida Department of Community Affairs and the Department of Community Affairs did not identify any objections; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2005-1 was held on September 20, 2005, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: I Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 3. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2005- 1, which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2005-1. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. I 2 ORD. NO. 31-05 , I r' /~ I Section 7. That the effective date of this ordinance, with the exception of the Future Land Use Map Amendment for Delray Medical Center, is upon the date a final order is issued by the Department of Community Affairs( DCA) finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is Issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. If the amendment is found to be in compliance, the Future Land Use Map amendment for the Delray Medical Center shall become effective on December 31, 2005. zs3ð' PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ~IC'\~~"~ . 2005. ~o~ tA ATTEST "'- ! ~~.~~:~ City Clerk First Reading ~\, \. ~S ~ '- Second Reading C\\W\05 "' " I I I 3 ORD. NO. 31-05 D~ J CITY COMMISSION DOCUMENTATION (1JV\ TO: DAVID T. HARDEN C~ANAGEb THRU: PAU~ING ~T~N G AND ZONING FROM o 0 D~IOR REDEVELOPMENT PLANNER SUBJECT: MEETING OF SEPTEMBER 20, 2005 ** PUBLIC HEARING ** ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 2005-1 I BACKGROUND I Comprehensive Plan Amendment 2005-1 was approved on first reading on June 7, 2005 and transmitted to the Florida Department of Community Affairs (DCA) for review. The amendment included three (3) City initiated Future Land Use Map amendments and two (2) text changes including one related to adoption of the Osceola Park Redevelopment Plan. A full analysis of each of the changes is contained in the attached Comprehensive Plan amendment and support documents. DCA completed its review of the amendment and issued a letter on July 26, 2005 stating that they had no objections. I PLANNING & ZONING BOARD CONSIDERATION I The Planning and Zoning Board held its public hearing regarding the amendment on May 23, 2005. During the Public Hearing, two residents had questions related to the FLUM Amendment for Country Club Acres concerning the schedule for infrastructure improvements in the neighborhood and a request for a public park on a vacant lot in the area. After discussion, the Planning and Zoning Board voted 4-0 (Kincaid, Morris and Zacks absent) to recommend approval of Comprehensive Plan Amendment 05-1 on first reading and transmittal of the amendment to the Florida Department of Community Affairs. I RECOMMENDED ACTION I By motion, approve on second reading, Ordinance No. 31-05, adopting Comprehensive Plan Amendment 05-1, based on positive findings that it supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan, and transmit the adopted Amendment, containing the material in the staff report and attachments to the Florida Department of Community Affairs. Attachments: · Summary of Comp Plan Amendment 05-1 · Ordinance 31-05 · Comprehensive Plan Amendment 05-1 s:\planning & zoning\longrange\comp\amend 04-2\adopt\2004-02 cc staff report - adoption.doc \0" - SUMMARY OF ITEMS IN COMPREHENSIVE PLAN AMENDMENT 05-1 1. Text Amendments a. Future Land Use Element - Modification of Policy C-2.6 to reflect adoption of a Redevelopment Plan for Redevelopment Area #5 (Osceola Park), and that future development in this area shall be consistent with the Plan; and b. Future Land Use Element - Modification of Policy C-1.4 to correct the described boundaries of the North Federal Highway Corridor. 2. Future Land Use Map Amendments a. City initiated Future Land Use Map amendments for property within the Osceola Park Redevelopment Area from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) in part, GC (General Commercial) in part, MD (Residential Medium Density 5-12 du/ac) in part and LD (Residential Low Density 0-5 du/ac) in part, for properties generally located between SE 2nd Street and SE 5th Street and between SE 5th Avenue and SE 1 st Avenue, comprising 35.6 acres, pursuant to the adopted Osceola Park Redevelopment Plan; b. City initiated Future Land Use Map amendment to assign City Future Land Use Map designations to the recently annexed County Club Acres subdivision, located on the east side of Military Trail, south of West Atlantic Avenue. The current County Land Use Map designation is MR-5 (Medium Residential 0-5 units per acre) and the proposed City designation is LD (Residential Low Density 0-5 du/ac); and c. City initiated Future Land Use Map amendment to assign City Future Land Use Map designations concurrently with the annexation of the Delray Medical Center property, located on the south side of Linton Boulevard, approximately 1,240 feet west of Military Trail. The current County Land Use Map designation is INST (Institutional) and the proposed City designation is CF (Community Facilities). ORDINANCE NO. 31-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2005-1, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2005-1 AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2005-1; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on May 23,2005, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, pursuant to Florida Statutes 163.317 4( 4)( c), the Planning and Zoning Board, sitting as the Local Planning Agency, has detennined that the changes are consistent with and furthers the objectives and policies ofthe Comprehensive Plan; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2005-1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2005-1 was submitted to and reviewed by the City Commission; and --- WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2005-1 was held by the City Commission on June 7, 2005 at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2005-1 was found to be in compliance by the Florida Department of Community Affairs and the Department of Community Affairs did not identify any objections; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2005-1 was held on September 20, 2005, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 3. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2005-1, which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2005-1. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 2 ORD. NO. 31-05 -~- Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That the effective date ofthis ordinance, with the exception ofthe Future Land Use Map Amendment for Delray Medical Center, is upon the date a final order is issued by the Department of Community Affairs( DCA) finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. If the amendment is found to be in compliance, the Future Land Use Map amendment for the Delray Medical Center shall become effective on December 31, 2005. PASSED AND ADOPTED in regular session on second and final reading on this the _day of ,2005. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 31-05 ----- --- ---- CITY OF DELRA Y BEACH, FLORIDA COMPREHENSIVE PLAN AMENDMENT 2005 - 1 Planning & Zoning Board Transmittal Public Hearing May 23, 2005 City Commission Transmittal Public Hearing June 7, 2005 City Commission Adoption Public Hearing September 20, 2005 I COMPREHENSIVE PLAN AMENDMENT 05-1 I CITY OF DELRAY BEACH, FLORIDA - TABLE OF CONTENTS - Paae TEXT CHANGES - (CITY INITIATED) 1 Modification of Policy C-2.6, Future Land Use Element 2 Modification of Policy C-1.4, Future Land Use Element AMENDMENTS TO THE FUTURE LAND USE MAP - (CITY INITIATED) 4 Osceola Park Redevelopment Area 4 County Club Acres 4 Delray Medical Center , : : ~ i ! ¡ --- > >^ ~ ~ - ,-- - ,- '~-~~-'>' ~-- ^ - '< I COMPREHENSIVE PLAN AMENDMENT 05-1 I CITY OF DELRAY BEACH, FLORIDA I CITY INITIA TED TEXT CHANGES I FUTURE LAND USE ELEMENT 1) Location: Pg. FL-33, Policy C-2.6 (Osceola Park Redevelopment Plan) Policy C-2.6 The following pertains to the area bounded by S.E. 2nd Street, Federal Highway, S.E. 5th Street, and Swinton Avenue (Osceola Park area): This area has industrial uses with inadequate parking to the west, commercial uses to the east, and a mixed residential area which has turned mainly into renter-occupied units. It is also encompassed by wellfield protection zones. The primary focus of this redevelopment plan shall be to arrest deterioration, provide adequate parking and services for the existing industrial and commercial areas, and accommodate housing which is compatible with the other uses. The issues relating to industrial uses within this area were addressed within the new CDB-RC zoning district, created on May 16, 1995. Therefore, the redevelopment plan for this area will focus on the residential neighborhood. The plan will, at a minimum address the following issues: o Appropriateness of the existing RM zoning district within the area. o Use of traffic-calming measures to reduce speed and volume of traffic on the residential streets within the area. o Potential for creation of a historic district within the area. o Landscape beautification. o Improvement of existing housing stock. This redevelopment plan shall be prepared in FY 98/99 and shall be adopted through a comprehensive plan amendment. Change: REVISION ( 1 ) Policy C-2.6 The following pertains to the area bounded by S.E. 2nd Street, Federal Highway, S.E. 5th Street, and Swinton Avenue (Osceola Park area): This area has industrial uses with inadequate parking to the west, commercial uses to the east, and a mixed residential area which has turned mainly into renter-occupied units. It is also encompassed by wellfield protection zones. The Osceola Park Redevelopment Plan was adopted by the City Commission on December 6. 2004. The primary focus of this redevelopment plan shall be is to arrest deterioration, provide adequate parking and services for the existing industrial and commercial areas, and accommodate housing which is compatible with the other uses. The Plan establishes proposed Future Land Use Map desiQnations for the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. The issues relating to industrial uses '.\'ithin this area wore addressed \vithin the nell.' COB RC zoning district, created on May 16, 1995. Therefore, the redevelopment plan for this area will f-ocus on the residenti31 neighborhood. The plan will, at a minimum address the following issues: S Appropriateness of the existing RM zoning district ....'ithin the area. S Use of traffic calming measures to reduce speed ~md volume of traffic on the residenti31 streets within the area. S Potential for creation of a historic district 't.'ithin the area. S Landscape beautification. S Improvement of existing housing stock. This redevelopment plan shall be prepared in FY 98/99 and shall be adopted through a comprehensive plan amendment. Comment: With the adoption of the Redevelopment Plan, information with respect to what will be included in the Plan can be eliminated. Further, a statement that all future development in the Redevelopment Area is to be consistent with the adopted Plan must be added. 2) Location: Pg. FL-30, Policy C-1.4 (North Federal Highway Corridor) Policy C-1.4 The following pertains to the North Federal Highway Corridor: Th,e 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, George Bush Boulevard to the south, and the north City limits to the north. ( 2 ) 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. Change: REVISION Policv 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, George Bush Boulevard 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. Comment: This revision is being made to correct an error. The North Federal Highway Corridor, covered by the North Federal Highway Redevelopment Plan, has a southern boundary of NE 4th Street, not George Bush Boulevard as described in Policy C-1.4. See excerpt from North Federal Highway Redevelopment Plan attached as Support Document #1. ( 3 ) I AMENDMENTS TO THE FUTURE LAND USE MAP I CITY INITIA TED FUTURE LAND USE MAP AMENDMENTS: · City initiated Future Land Use Map amendments for property within the Osceola Park Redevelopment Area from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) in part, GC (General Commercial) in part, MD (Medium Density Residential 5-12du/ac) in part and LD (Low Density Residential 0-5 du/ac) in part, for properties generally located between SE 2nd Street and SE 5th Street and between SE 5th Avenue and SE 1st Avenue, comprising 35.6 acres, pursuant to the adopted Osceola Park Redevelopment Plan See Support Document #2 - Osceola Park Redevelopment Area (RDA #5) - FLUM Amendment and Rezoning staff report · City initiated Future Land Use Map amendment to assign City Future Land Use Map designations to the recently annexed County Club Acres subdivision, located on the east side of Military Trail, south of West Atlantic Avenue. The current County Land Use Map designation is MR-5 (Medium Residential 0-5 units per acre) and the proposed City designation is LD (Residential Low Density 0-5 du/ac) See Support Document #3 - Country Club Acres - FLUM Amendment and Rezoning staff report · City initiated Future Land Use Map amendment to assign City Future Land Use Map designations concurrently with the annexation of the Delray Medical Center property, located on the south side of Linton Boulevard, approximately 1,240 feet west of Military Trail. The current County Land Use Map designation is INST (Institutional) and the proposed City designation is CF (Community Facilities). See Support Document #4 - Delray Medical Center - FLUM Amendment and Rezoning staff report s:\planning & zoning\longrange\comp\amend 05-I\adopt\05-1 amendment - city conumssion final.doc ( 4 ) I COMPREHENSIVE PLAN AMENDMENT 05-1 I CITY OF DELRA Y BEACH, FLORIDA SUPPORT DOCUMENT #1 Excerpt Pages from the North Federal Highway Redevelopment Plan 5D#1 INTRODUCTION PAGE 1 THE STUDY AREA The City of Delray Beach "North Federal Highway Corridor," (shown graphically on Figure 1, page 2), is defined as the area of the City bordered by the F.E.C. Railroad on the west; the Community Redevelopment Area (CRA) boundary on the east; NE 4th Street on the south and the city limits to the north. HISTORY OF THE NORTH FEDERAL HIGHWAY CORRIDOR The North Federal Highway area was historically platted in three distinct phases. The section between NE 4th Street and George Bush Boulevard was subdivided by several plats recorded in 1913. The area just north of George Bush Boulevard (Sofia Frey subdivision) and the Lake Avenues (La Hacienda) were platted in 1926. The Bond Way area (Kenmont) and areas north of La Hacienda were platted between1946 and1950. Early development in the area consisted of a mix of single family homes and commercial uses which were highly dependent on the tourist trade. These uses, including trailer parks, auto repair, filling stations, and small motels continued to thrive during this period, since Federal Highway was the principal route for travelers to reach South Florida. Completion of the Florida Turnpike and 1-95 reduced the importance of Federal Highway as a route for tourists bound for South Florida. The opening of Walt Disney World in 1971 also contributed to the decline of the corridor, as many tourists began stopping in the Orlando area rather than continuing to South Florida. These changes in the Florida tourist industry combined to marginalize the Federal Highway corridor as a tourist destination. Inevitably, the loss of a customer base led many businesses to become obsolete and disappear. Economic activity and property values continued to decline throughout most of the 1980s. At the same time, many commercial structures and residences in the area were falling into disrepair due to age and neglect. As businesses left the area, they were often replaced by marginal uses located in poorly maintained buildings with inadequate parking and landscaping. While the physical appearance of these uses contributed to the negative image of the area, several locations created more serious problems for the stability of the neighborhood. Declining motels, trailer parks, and an adult book store became attractors for criminal activities, such as drug sales and prostitution. The presence of these activities inhibited investment in the area and deepened the decline. The City has taken steps in recent years to help stabilize the area. It purchased the Adult Book Store property and resold it to a farm equipment dealer. The De/ray Beach Police Department began working with neighborhood groups to help reduce problems with drugs and prostitution in the area. Following the enclave annexations, City water and sewer services were extended to most properties. In 1995, the last County "pockets" along the North Federal Highway corridor were annexed into the City. INTRODUCTION PAGE 2 9 ,.. ..,-,. -- - .J,.J.-~'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'r.' ~ ! -.. _.~ ;;, ,\ : -- :. ,! ""'" --v ~ I 6~-__ '\\ ::=:J := f ~¡ ~ ~'(I)I'þ . -::r · ø , : -v I i ~ -: /" ~ -- -- If ii - ~~ ~ . .. ..., _nw tGLlIO ~~ I I I I: =D UI Ir ' l- -. ¡ ~- nl , _ __ 'L _ '",_,_,_,_____-,-" ~ ..-'--' ...........- -'; mlDTARY , . ........ , . 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If T ~~ ~~I, WALGREENS br0S ) f-- II; -~ '\ ' OF O£LRA Y G~" ,,!,-K I-- I -- 1--""- " ~ , BEACH "'1 Prwl. N - OSCEOLA PARK FLUM AMENDMENTS aTY OF DELRA Y BEACH, FL PLANNING & ZONING DEPARTMENT IS'<'I REDEVELOPMENT AREA # 5 -- DIGITAL BASE MAP SYSTEM -- MAP REF LM787 1~·~~m:~ø"Mr$:SIt((ijbt1.CUNIÈmÅTlðN·~;~-~·· . .: "",,' "'Io~ ...... ~ .... -.. . . ·~~.a:·1 . ~"".' .- ", '..1'...- 0: DAvp~ THRU: HUG. OR OF LANNING AND ZONING FROM: o HO GARD, PLANNER SUBJECT: MEETING OF JUNE 7, 2005 CITY INITIATED FUTURE LAND USE MAP (FLUM) AMENDMENT FOR THE OSCEOLA PARK REDEVELOPMENT AREA FROM RDA-5 (REDEVELOPMENT AREA #5) TO CC (COMMERCIAL CORE) IN PART, GC (GENERAL COMMERCIAL) IN PART, MD (MEDIUM DENSITY RESIDENTIAL 5-12DUlAC) IN PART AND LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC) IN PART. . ~·~~*?!0"~~ìté1(ijji1·itJ~··~·ÐDI~~fS."'''···' <c .,.,,, N··..'.-¡·¡w...·,=-··~·;t"!»...,..·~,·y"· l :V-:- ',: .. ï f;..¡'~ ~.:".....:~,. ~!4'f':!':1 :~~.. G ø D:~e""te? ....~;.¡þ¡...~ ~ . .."..~.~.~...<.j-I"'"} ..... . "d'" .. . .. ~~;,. ._ . .. . . .. I , 4. . "'. . ...._ 0.-..,. -..... .. \I .1\ . I. . . ~ I .... The Osceola Park Redevelopment Area is designated as Redevelopment Area #5. It is bordered by SE 2nd Street on the north; SE 5th Street on the south; SE 5th Avenue on the east; and SE 1st Avenue on the west. The redevelopment area encompasses a total of 35.6 acres. Most of the area is located east of the FEC Railroad which bisects the area, running diagonally from northeast to southwest. The proposed Future Land Use Map amendment is required to implement the Redevelopment Plan for the area which was adopted by the City Commission on December 6,2004. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The Future Land Use Map amendment is accompanied by a City initiated rezoning from RM (Multiple Family .esidential- Medium Density) to R-1-A (Single Family Residential), for a 5.9 acre portion of the redevelopment area which has also been scheduled for this City Commission meeting. Additional background and an analysis of the FLUM amendment and rezoning are provided in the Planning and Zoning Board staff report attached as Support Document #2 in Comprehensive Plan Amendment 2005-1. At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and Rezoning request. While no members of the public spoke on the item, a letter from the Homeowners Association has been received in support of the proposal. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Kincaid, Morris and Zacks absent) to recommend approval of the FLUM Amendment and Rezoning request by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof are consistent with the Comprehensive Plan and meet criteria set forth in Section 2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. [~~~__ _~ __ ~~ ~ ~~-~~~~ ~ ==~~ ~~~~=-__~_~~i ¿-~ ~~~~ j~ ~~-.~~~:~~~ j}~.:~L~;~~~~=~--=~~ ~~-~--~,~ ~ ~ ~~~ ~ i1, By motion, approve the Future Land Use Map amendment, associated with Comprehensive Plan Amendment 2005-01, from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) in part, GC (General Commercial) in part, MD (Medium Density Residential 5-12 du/ac) in part and LD (Low Density Residential 0-5 du/ac) in part, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 3.1.1 (Required ïndings) of the Land Development Regulations. s:\planning & zoning\boards\city commission\osceola park redevelopment area flum.doc PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---ST AFF REPORT --- MEETING DATE: May 23, 2005 AGENDA ITEM: IV. G. 2. (1) ITEM: Transmittal Hearing for Comprehensive Plan Amendment 2005-1 - FLUM Amendments and Rezonings Associated with the Osceola Park Redevelopment Plan (Redevelopment Area #5). GENERAL DATA: Applicant. . .. . . . . . . . . . . . . . .. . . . . .... City Initiated Location................................ Located between SE 2nd Street and SE 5th Street and between :.- -t-f~IfTY , , SE 1 st Avenue and SE 5th Ii ¡ I; - .11..""'- V . " :! l! ~ I' ,- Avenue (Federal Highway SB) ,I ! 1: 11 , Property Size......................... 35.6 Acres I : ' . ;, " , Current FLUM Designation.... RDA-5 (Redevelopment Area #5) " :. I = 'I JJ , Proposed FLUM................. General Commercial (GC) Current Zoning................... CBD (Central Business District), CBD-RC (Central Business District - Rail Corridor), GC (General Commercial), R-1-A (Single Family Residential) & RM (Multiple Family Residential - Medium Density) Proposed Zoning................ CBD (Central Business District), CBD-RC (Central Business District - Rail Corridor), GC (General Commercial), R-1-A (Single Family Residential) & RM (Multiple Family Residential - Medium Density) Adjacent Zoning..... North: CBD (Central Business District) & CBD-RC (Central Business District - Rail Corridor) South: R-1-A (Single Family Residential) & RM (Multiple F amity Residential - Medium Density) East: CBD (Central Business District) & GC (General Commercial) West: RM (Multiple Family Residential- Medium Density) Existing Land Use................. Commercial, Light Industrial, Residential, & Undeveloped Water Service....................... Available to all properties. Sewer Service....................... Available to all properties. IV. G. 2. (1) I !....:~.-.. ---- ------.--- ------- -.... -- I ,.. ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation to the City Commission on City initiated Future Land Use Map amendments, and rezonings associated with the Osceola Park Redevelopment Plan (See attached Maps and Legal Descriptions in Appendix A). The Future Land Use Map Amendments involve the entire Redevelopment Area, totaling approximately 35.6 acres, not including road rights-of-way. The proposed FLUM designations are as follows: o Area 1: FLUM amendment from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) - Includes properties along the FEC rail corridor, between SE 2nd and SE 6th Streets on the west and between SE 2nd and SE 5th Streets on the east, containing approximately 11 .11 acres. o Area 2: FLUM amendment from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) - Includes properties along the Federal Highway corridor, between SE 2nd Street and SE 3rd Street, containing approximately 1.8 acres. o Area 3: FLUM amendment from RDA-5 (Redevelopment Area #5) to GC (General Commercial) - Includes properties along the Federal Highway corridor, between SE 4th and SE 5th Streets, containing approximately 0.85 acres. o Area 4: FLUM amendment from RDA-5 (Redevelopment Area #5) to MD (Residential Medium Density 5-12 du/acre) - Includes properties located on the east side of SE 1 st Avenue, between SE 2nd and SE 3rd Streets, containing approximately 1.41 acres. o Area 5: FLUM amendment from RDA-5 (Redevelopment Area #5) to MD (Residential Medium Density 5-12 du/acre) - Includes properties on the west side of the FEC rail corridor, between SE 6th and SE 7th Streets containing approximately 0.39 acres. o Area 6: FLUM amendment from RDA-5 (Redevelopment Area #5) to MD (Residential Medium Density 5-12 du/acre) - Includes properties fronting on SE 2nd Street, between SE 3rd Avenue and the Federal Highway frontage properties, containing approximately 1.12 acres. o Area 7: FLUM amendment from RDA-5 (Redevelopment Area #5) to LD (Residential Low Density 0-5 du/ac) - Includes the remaining properties between SE 2nd Street and SE 5th Street, between the Federal Highway commercial frontage and the commercial/industrial rail corridor, containing approximately 18.9 acres. The proposed rezonings within the Redevelopment Area are as follows: Planning and Zoning Board Staff Report FlUM Amendment and Rezoning for Redevelopment Area #5 Page 2 o Area 8: Rezoning from RM (Multiple Family Residential - Medium Density) to R-1- A (Single Family Residential) - 33 parcels (by ownership), located south of the frontage properties on SE 2nd Street to SE 3rd Street, between the Federal Highway commercial frontage and the commercial/industrial rail corridor, containing approximately 5.9 acres. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. I :.'1" :....;~:::;¡.,.. .:. . .- .. -- ..-. ..- -- ----- -- .- ---- 1 BACKGROUND .~ ... .~"'~I..:';.""..""J'·...·· . . ."..'. The Future Land Use Element of the City's Comprehensive Plan identifies several older areas of the City that, due to substandard infrastructure, obsolete or inappropriate uses of land, vacant and dilapidated structures, and other similarly blighting conditions, are in need of special attention in the form of a "Redevelopment Plan." The purpose of a Redevelopment Plan is to identify the specific deficiencies and assets of a designated area, evaluate existing and potential uses, and identify specific measures for arresting decline, facilitating new development, and enhancing the quality of life for residents of the area. These areas are depicted on the Future Land Use Map as Redevelopment Areas #1 through #6. The "Redevelopment Area" designation acts as a holding zone for each site, until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. A portion of Osceola Park is designated as Redevelopment Area #5. The following language, excerpted from Future Land Use Element Policy C-2.6 in the City's Comprehensive Plan, gives a description of the program for this area: Policv C-2.6 The following pertains to the area bounded by S.E. 2nd Street, Federal Highway, S.E. 5th Street, and Swinton Avenue (Osceola Park area): This area has industrial uses with inadequate parking to the west, commercial uses to the east, and a mixed residential area which has turned mainly into renter-occupied units. It is also encompassed by wellfield protection zones. The primary focus of this redevelopment plan shall be to arrest deterioration, provide adequate parking and services for the existing industrial and commercial areas, and accommodate housing which is compatible with the other uses. The issues relating to industrial uses within this area were addressed within the new CDB-RC zoning district, created on May 16, 1995. Therefore, the redevelopment plan for this area will focus on the residential neighborhood. The plan will, at a minimum address the following issues: . Appropriateness of the existing RM zoning district within the area. Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 3 · Use of traffic-calming measures to reduce speed and volume of traffic on the residential streets within the area. · Potential for creation of a historic district within the area. · Landscape beautification · Improvement of existing housing stock. This redevelopment plan shall be prepared in FY 98/99 and shall be adopted through a comprehensive plan amendment. The overall purpose of the Redevelopment Plan, adopted by the City Commission on December 6, 2004, is to capitalize on the strengths of the area and provide methods to deal with the weaknesses. The Plan provides the framework for the revitalization of the entire neighborhood. This equates to the three main components: · Elimination of the problems associated with small lot duplex and multi-family development intermixed with single-family development; · Reduction of the negative impacts associated with through and non-residential vehicular on local residential streets; and · Improvement of the physical appearance of the neighborhood through enhanced police activity, code enforcement and beautification. Implementation of the Plan, requires the City to initiate changes to the Future Land Use Map to eliminate the RDA-5 (Redevelopment Area # 5) designation and to assign new Future Land Use Map and corresponding Zoning designations. The recommended designations are discussed below. I__D)t~(fR~~\\~~"b·~ ·S 'E~"A P ·r~XiùI'E"",~D~- ,E"~~AFit: t~Y S iT':'~:~ This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). land Use Analysis: Pursuant to Land Development Regulation Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The underlying Future Land Use Map designation for the subject property is Redevelopment Area #5 and the proposed designations are CC (Commercial Core), GC (General Commercial), MD (Residential Medium Density 5-12 du/acre) and LD (Residential Low Density 0-5 du/ac). The Redevelopment Plan identifies development scenarios and criteria for development to occur within the area. The proposed zoning designations of CBD (Central Business District), CBD-RC (Central Business District - Planning and Zoning Board Staff Report FlUM Amendment and Rezoning for Redevelopment Area #5 Page 4 Rail Corridor, GC (General Commercial), RM (Residential Multiple Family - Medium Density) and R-1-A (Single Family Residential) will be consistent with the proposed Future Land Use Map designations. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: o Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The basis for the FLUM change is that the existing FLUM designation of RDA-5 is no longer appropriate, given that a Redevelopment Plan for the area has been prepared. The data and analysis supporting the new FLUM designations and demonstrated need are contained within the plan, which was adopted by the city Commission on December 6, 2004. o Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Redevelopment Areas, as identified on the City's Future Land Use Map, are described within the Future Land Use Element. The Redevelopment Area designation acts as a holding zone until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. The plan prepared for Redevelopment Area #5 recommends that underlying Future Land Use designations of CC (Commercial Core), GC (General Commercial), MD (Residential Medium Density 5-12 du/acre) and LD (Residential Low Density 0-5 du/ac) be applied to the area. The majority of these designations are consistent with the existing zoning. The remaining area is being rezoned from RM to R-1-A to prohibit additional multiple family development in a predominantly single family area. As part of Comprehensive Plan Amendment 2005-1, changes are also being made to Future Land Use Element Policy C-2.6 to acknowledge the adoption of the Plan, and to require that all future development be in compliance with the adopted plan. Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 5 The proposed FLUM designations will be consistent with the goals, objectives and policies of the Comprehensive Plan once the associated amendment to the Comprehensive Plan is adopted. o Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In comparing the existing Future Land Use Map designation of RDA-5 and the proposed Future Land Use Map designations with respect to concurrency, the following is noted - Currently, development within the area can proceed without the implementation of a redevelopment plan on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request (Future Land Use Element, Policy C-2.1). The proposed FLUM designations for 83% of the area (29.7 acres) is being applied consistent with the existing zoning. Therefore, the maximum potential development intensity for this portion of the redevelopment area will be the same under the proposed FLUM designations as under the current RDA-5 designation. With regard to the remaining 17% of the redevelopment area (5.9 acres), the maximum potential development intensity will decrease from 12 du/ac (70 total units) under the existing RDA-5 designation to 6 du/ac (35 total units) under the proposed LD (Residential Low Density 0-5 du/ac) FLUM designation. City facilities such as water, sewer, and drainage have sufficient capacity to handle development of this area at the potential development intensity allowed under the proposed FLUM designations. Similarly, solid waste can be accommodated by existing County facilities and since the area is changing to land use designations of the same or lower development potential, traffic is not an issue. The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that individual projects may have on the City's recreational facilities. Pursuant to LOR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each residential unit. School concurrency will be addressed with future proposals for residential development; however no problems are anticipated. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. o Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The proposal does not expand commercial or multiple-family residential boundaries from those that currently exist. As previously stated, the FLUM amendments for the affected properties involve the change to other designations with the same or lower development potential. The majority of these designations are consistent with the existing zoning. The remaining area is being changed to the LD (Low Density Residential - 0-5 du/ac) FLUM category and rezoned to single family to prohibit the Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 6 redevelopment of existing single family homes to additional multiple family development in a predominantly single family area. Based upon the above, the proposed FLUM amendments are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. o Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation shall comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. I~~:: !~:. ..~ . : ... :'~-:-'"'.'", :Z ()"N I N G :~':¡N"Â (, V"'S-¡ S·~ ::~". , - -. -----, ; .... . .- "'J. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the peñormance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonina Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable peñormance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 7 proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. A description of the area to be rezoned is as follows: . Rezoning of 33 parcels (by ownership) from RM (Multiple Family Residential - Medium Density) to R-1-A (Single Family Residential) for properties generally located south of the frontage properties on SE 2nd Street to SE 3rd Street, between the Federal Highway commercial frontage and the commerciallindustrial rail corridor, containing approximately 5.9 acres. As previously stated, the FLUM designation and zoning classification for these properties are being amended pursuant to the adopted Osceola Park Redevelopment Plan. This area is being changed to the LD (Low Density Residential - 0~5 du/ac) FLUM category and rezoned to R-1-A (Single Family Residential) to prohibit the redevelopment of existing single family homes to additional multiple family development in a predominantly single family area. As discussed under Future Land Use Element Policy A-1.7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Section 2.4.5(D)(5) (Rezonina Findinas): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are ub" and "c":, based on the following: The proposed rezoning is required to implement the provisions of the Osceola Park Redevelopment Plan. This area is being changed to the LD (Low Density Residential - 0-5 du/ac) FLUM category and rezoned to R-1-A (Single Family Residential) to prohibit the redevelopment of existing single family homes to additional multiple family development in a predominantly single family area. The existing development pattern on the subject properties is predominantly single family, with 24 single family homes, 5 duplexes and 2 multi-family buildings. Additionally, the area is part of the much larger Osceola Park single family neighborhood which extends southward to SE 10th Street. Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 8 Given these conditions, the proposed R-1-A zoning is more appropriate than the existing RM designation. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. As stated earlier, 83% percent of the land area within the Redevelopment Area will retain its existing zoning designation, so the current action will not have an impact on those properties' ability to comply with the Land Development Regulations. The remaining 17% is being rezoned to prohibit the redevelop~_ent of existing single family homes to additional multiple family development in a predominantly single family area. No formal land development applications have been received for the subject properties. Any proposed development or redevelopment within this area will be subject to the provisions of the new zoning district. Although several existing duplex and multi-family developments within this area will become nonconforming uses, there are provisions for regular maintenance of these structures under the existing regulations. The Redevelopment Plan also calls for the Community Redevelopment Agency's duplex conversion program to be promoted within this area. It is anticipated that the duplexes within this area, as well as in the area to the south (where duplexes are already nonconforming) will ultimately be converted to single family homes. ..' :r; 'I:r¡~:~~~~~~!' ·~:~"'.R1~·V I E W·~ BY O·t K'E R S - - , ~ .. . . Community Redevelopment Aaency: The CRA Board reviewed the proposal at its meeting of May 12, 2005 and recommended approval of the FLUM amendments and rezonings. Courtesy Notices: Courtesy notices have been provided to the following civic and homeowner's associations, which have requested notice of developments in their areas: · President's Council · Progressive Residents of Delray (PROD) · Osceola Park HOA Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 9 I ~~",.~,;u;'.'.'" n·... .,';' '. ".. .. .- .' ASS E SSM E'N T" ,0.. " I The existing RDA-5 (Redevelopment Area #5) FLUM designation was applied to the subject properties to act as a holding zone until a redevelopment plan for the area could be prepared. The plan prepared for Redevelopment Area #5 recommends that underlying Future Land Use designations of CC (Commercial Core), GC (General Commercial), MD (Residential Medium Density 5-12 du/acre) and LD (Residential Low Density 0-5 du/ac) be applied to the area. The majority of these designations are consistent with the existing zoning. The remaining area is being rezoned to prohibit additional multiple family development in a predominantly single family area. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LOR Section 2.4.5(D)(5) (Rezoning Findings) and the . Goals, Objectives, and Policies of the Comprehensive Plan. f~·~~~atlJr.~:~~'¡''':?,'1 ':~AYT E~" N Á'T I V, E "A C TT""o 'N s' " . _.~' I A. Continue with direction. B. Recommend to the City Commission approval of Future Land Use Map Amendment from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) in part, GC (General Commercial) in part, MD (Medium Density Residential 5- 12du/ac) in part and LD (Low Density Residential 0-5 du/ac) in part, as specified in Appendix A, for properties generally located between SE 2nd Street and SE 5th Street and between SE 5th Avenue and SE 1 st Avenue, comprising 35.6 acres within the Osceola Redevelopment Area, and Rezoning from RM (Medium Density Residential) to R-1-A (Single Family Residential), as specified in Appendix A, for a 5.9 acre portion of the Osceola Park Redevelopment Area, generally located between SE 2nd Street and SE 3rd Street and between SE 2nd Avenue and SE 5th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof are consistent with the Comprehensive Plan and meet criteria set forth in Section 2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. C. Recommend denial of Future Land Use Map Amendment from ROA-5 (Redevelopment Area #5) to CC (Commercial Core) in part, GC (General Commercial) in part, MD (Medium Density Residential 5-12du/ac) in part and LD (Low Density Residential 0-5 du/ac) in part, as specified in Appendix A, for properties generally located between SE 2nd Street and SE 5th Street and between SE 5th Avenue and SE 1 st Avenue, comprising 35.6 acres within the Osceola Redevelopment Area, and Rezoning from RM (Medium Density Residential) to R-1-A (Single Family Residential), as specîfied in Appendix A, for a 5.9 acre portion of the Osceola Park Redevelopment Area, generally located between SE 2nd Street and SE 3rd Street and between SE 2nd Avenue and SE 5th Avenue, by finding that the requests and approval thereof are inconsistent with the Comprehensive Plan and do not meet criteria set forth in Section Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 10 2.4.5(D)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. ~........,~~."f:.'..":..'.'"'' .,~ S"TÄ'FF R E C O'Ni MEN D"A:fl O·N :"... .. - -1 T· . :-,:.. ~';' ...~. .. . "":' . . - . Recommend to the City Commission approval of Future Land Use Map Amendment from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) in part, GC (General Commercial) in part, MD (Medium Density Residential 5-12du/ac) in part and LD (Low Density Residential 0-5 du/ac) in part, as specified in Appendix A, for properties generally located between SE 2nd Street and SE 5th Street and between SE 5th Avenue and SE 1 st Avenue, comprising 35.6 acres within the Osceola Redevelopment Area, and Rezoning from RM (Medium Density Residential) to R-1-A (Single Family Residential), as specified in Appendix A, for a 5.9 acre portion of the Osceola Park Redevelopment Area, generaUy located between SE 2nd Street and SE 3rd Street and between SE 2nd Avenue and SE 5th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof are consistent with the Comprehensive Plan and meet criteria set forth in Section 2.4.5(D)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. Attachments: Q Proposed Future Land Use Map 0 Proposed Zoning Map o Appendix A - Legal Descriptions prepared by: Ron HOQQard, Senior Planner Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 11 I·'f.'~-!-~~· ..- ...or:- ....: .. ~ . A P PEN D I X ·A· ..a·.-.. . .....';... .... - I Future Land Use Map Amendments A change in the Future Land Use Map designation FROM RDA-5 (Redevelopment Area #5) TO CC (Commercial Core) for the following specific parcels: Lots 1-5, inclusive and Lots 15-23, inclusive, Block 79, Subdivision of Block 79 in Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 10, Page 1, of the Public Records of Palm Beach County, Florida; Together With; The Part óf Block 80 Lying East of FEC Railroad (Less East 25 ft and North 25 ft Road r/ws), Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together With; Lots 1-14, inclusive, Block 87 and Lots 1-12, inclusive, Block 88, Linn's Addition to Osceola Park, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 133, of the Public Records of Palm Beach County, Florida; Together With; Lots 1-12, inclusive, Block 80, Subdivision of Block 72 and the West Portion of Block 80, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 10, Page 57, of the Public Records of Palm Beach County, Florida; Together With; Lot 5, Anderson Block, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 22, Page 45, of the Public Records of Palm Beach County, Florida; Together With; Lot 1 Lying West of FEC Railroad and East of SE 1st Avenue (Less North 25 ft Road r/w) , Model Land Company's Subdivision of West Half of Section 21, Township 46S, Range 43E as per the Plat thereof recorded in Plat Book 1, Page 128, of the Public Records of Palm Beach County, Florida; Together With; Lot 1 & Lots 3-11, inclusive (Less East 5 ft Road r/w) , Lot 2 and Lot 12, Block 103, Roebuck's Resubdivision of Block 103 Delray, a Subdivision in Palm Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 12 Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 19, of the Public Records of Palm Beach County, Florida; A change in the Future Land Use Map designation FROM RDA-5 (Redevelopment Area #5) TO GC (General Commercial) for the following specific parcels: Lots 1-5, inclusive (Less East 5 ft Road r/w) , Block 2, Osceola Park, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 3, Page 2, of the Public Records of Palm Beach County, Florida; A change in the Future Land Use Map designation FROM RDA-5 (Redevelopment Area #5) TO MD (Residential Medium Density 5-12 du/acre) for the following specific parcels: Lots 6-14, inclusive, Block 79, Subdivision of Block 79 in Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 10, Page 1, of the Public Records of Palm Beach County, Florida; Lots 8-17, inclusive, the North 17 ft of Tract A, and Tract B (Less South 5 ft of West 25.62 ft), Swinton Place, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 88, Page 151, of the Public Records of Palm Beach County, Florida; Together With; South 1/2 of Lot 2 Lying West of FEC Railroad (Less PB88PG151), Model Land Company's Subdivision of West Half of Section 21, Township 46S, Range 43E as per the Plat thereof recorded in Plat Book 1, Page 128, of the Public Records of Palm Beach County, Florida; Together With; Lots 23 & 24, Block 103, Roebuck's Resubdivision of Block 103 Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 19, of the Public Records of Palm Beach County, Florida; Together With; Lots 1-3, inclusive and Lots 13 & 14, Block 95, Linn's Addition to Osceola Park, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 133, of the Public Records of Palm Beach County, Florida; Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 13 A change in the Future Land Use Map designation FROM RDA-5 (Redevelopment Area #5) TO LD (Residential Low Density 0-5 du/ac) for the following specific parcels: Lots 13-22, inclusive, Block 103, Roebuck's Resubdivision of Block 103 Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 19, of the Public Records of Palm Beach County, Florida; Together With; Lots 15-24, inclusive, Block 87, Lots 13-24, inclusive, Block 88, Lots 4-12, inclusive, & Lots 15-24, inclusive, Block 95, and Lots 1-24, inclusive, Block 96, Linn's Addition to Osceola Park, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 133, of the Public Records of Palm Beach County, Florida; Together With; Lots 13-24, inclusive, Block 104, Lots 6-10 inclusive, Block 2, Lots 1-12, inclusive, Block 4, and Lots 1-9, inclusive, Block 6, Osceola Park, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 3, Page 2, of the Public Records of Palm Beach County, Florida; Together With; South 168.5 ft of North 193.5 ft of Lot 1 Lying East of FEC Railroad and West of SE 3rd Avenue, Model Land Company's Subdivision of West Half of Section 21, Township 46S, Range 43E as per the Plat thereof recorded in Plat Book 1, Page 128, of the Public Records of Palm Beach County, Florida Rezoninas A change in the zoning designation FROM RM (Multiple Family Residential - Medium Density) TO R-1-A (Single Family Residential) for the following specific parcels: Lots 13-22, inclusive, Block 103, Roebuck's Resubdivision of Block 103 Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 19, of the Public Records of Palm Beach County, Florida; 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Tsw T T 10TH <:;TRFFT íì n ( 10TH 5T . .i.. w f----L---i r ~ ¡-------t,J---- ~ ~ WAJ,GRŒNS' ~(6 ) < OFDELRAY , = - - t= a IUI >- t=( H 1= "'" BEACH PC, :.,;;i S N OSCEOLA PARK REZONING aTY OF OELRAY BEACH, FL ~ ~-~ PLANNING <It ZONING DEPARTMENT ~ REDEVELOPMENT AREA # 5 ... _... AREA TO BE REZONED FROM RM -- DIGITAL BASE MAP SYSTEM -- MAP REF LM787 "- ~,^ ~- ^ -- - ^ ' ~<>~_ >-·0 -- ~-~- "~-~~ rt"~b~p.t~HENSIVE PLAN AMENDMENT 05-1 I CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #3 Country Club Acres FLUM Amendment and Rezoning Staff Report SOU - ----- - - -- --- / \)o ~ ~(¡ \/ rrG I i;:-'r' . ,$('v ,$O ~ i~ Ó rr-\ r- ¡::: ~.f \)~'v«:- \ e) ~ L 2 I-~ :::> <:Q:: '<C :::>'<C iA~- ,tn OQ i (J ~~i-þ-G : I i , ~ lnO WASHINGTONi FIRST - I- Ie) C:!:::> ! ! ! ,\AU TUAL ' UNION !-.J '<C , ! --J WEST ATLANTIC . ! GC ---~ -.J --~- · . NA nONS « . BANK · . OELRA Y I . PINES 0:: I WEST 1-- WEST I PLAZA PLAZA - ~ I · . · · · · ~~'\ · . .' R,"::> \ ! . · · -- -------. . . . - ! I . . - . · -MD >- · 0:: ·LD . «. · · 1-- .- . . · -.J . · 2 . OS ¡ · · - : "" . -------1 . - . · · · · · . L 3<1 CANA.L .................... , j4 l,Ar'P.! :r: 1-- ::> 0 (/) OS . w a 0 0 :;: i w ~ ! « -' N COUNTRY CLUB ACRES FUTURE LAND USE MAP AMENDMENT CITY OF DELRA Y BEACH, FL FROM P B COUNTY MR-5 (MEDIUM RESIDENTIAL, 0-5 DU I ACRE PLANNING '" ZONING DEP AR TMEN T TO: CITY LD (LOW DENSITY RESIDENTIAL, 0-5 DU I ACRE -- DIGITAL BASE MAP SYSTEM -- MAP REF LMB25 .~ ~':I!:r~~'m~1:rtf··'·~öJMIT~fj ,. . o~~--;~~'t~y.;· . . . .".' .... _ ~.. " . C 5 I, ~ ,. ....... -. '10;,. 10=--....·.. "¡;: ........ .......,..1 _ _..... ..........t' .... :.. .." .. w- .. l' ....,:'1 .." :.. ~,;.'" r".. II I' .:. r .,,~.~''''. "." .): DAV~ HARD , ~G' THRU: TOR OF PLANNING AND ZONING ~ FROM: o G NIOR PLANNER SUBJECT: MEETING OF JUNE 7, 2005 CITY INITIATED FUTURE LAND USE MAP AMENDMENT FROM COUNTY MR-5 (MEDIUM RESIDENTIAL 0-5 DUlAC) TO CITY LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC) FOR COUNTRY CLUB ACRES, LOCATED ON THE EAST SIDE OF MILITARY TRAIL, SOUTH OF ATLANTIC AVENUE. The subject property, known as the Country Club Acres subdivision, consists of 18.16 acres of land located along Jefferson Road, Whatley Road and Lincoln Road. It contains ninety-five (95) individual parcels with eighty-one (81) single family residential homes and fourteen (14) vacant residential parcels. The parcels can be accessed to the north from West Atlantic Avenue via Whatley Road and to the west from Military Trail via Jefferson and Lincoln Roads. On April 19, 2005, the City Commission approved on second reading, the voluntary annexation of forty six (46) of the (95) parcels located within the subdivision. During the same meeting the City Commission also approved the annexation for the balance of the Country Club Acres subdivision (49 parcels contained within seven C!nclaves and the local right of ways) via interlocal agreement. The Interlocal Agreement was approved by the ,ounty Commission on May 3rd, 2005. This Future Land Use Map amendment is accompanied by a City initiated rezoning from County AR (Agricultural Residential to City R-1-A (Single Family Residential), which has also been scheduled for this City Commission meeting. Additional background and an analysis of the FLUM amendment and rezoning are provided in the Planning and Zoning Board staff report attached as Support Document #3 in Comprehensive Plan Amendment 2005-1. t ... .-- - n. .--~--"'~-:7--·~-~:'1-r:· -~ ':'c-~'; -.: '.~I:'''' .,' '2" .'-.'.' ,,;;-';'L - 0" -' " . .... - , P, " '_. ~ < + ;:; 'Ç (, :' ~ i~\ t ~ ~ - ~ 1 ~- ~ ~:: ~ ! ~ t t"' O!:. \-~,. ~ 'i ~ <f:: ~ý" ¿::¡ '-' ~~" :.~ \" ... "::; ____-<.>.....~~_~~"'~~;;:~.....___""_:;~~~~~~~~~_._~~~_~~~~_.....~,t __-...-_~_ _ ~._________ ......., ___~_.~_=~_~_~" ~-_........--~-~~_--.....~~""-'""---=~-""'~ At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and Rezoning request. During the Public Hearing, two residents had questions concerning the schedule for infrastructure improvements in the neighborhood and a request for a public park on a vacant lot in the area. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Kincaid, Morris and Zacks absent) to recommend approval of the FLUM Amendment and Rezoning request by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof are consistent with the Comprehensive Plan and meet criteria set forth in Section 2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. L~~_ ._~_~~ :~=~_; _'c-:~~===='~~£.'l};:L".l~~.~ ~ ~'f .s~;t i ti,i,' f . . -. - , -' , '. <" ~ ~ ' -o'",,--~_ '~- ~~~_~~4 By motion, approve the Future Land Use Map amendment, associated with Comprehensive Plan Amendment 005-01, from County MR-5 (Medium Density Residential 0-5 du/ac) to City LO (Low Density Residential 0-5 du/ac) for Country Club Acres, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 3.1.1 (Required Findings) of the Land Development Regulations. PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- MEETING May 23, 2005 DATE: AGENDA ITEM: IV.G.2.2 ITEM: Future Land Use Map (FlUM) Amendment from MR-5 (Medium Density Residential 5 du/ac on the Palm Beach County Comprehensive Plan) to LD (Low Density Residential 0-5 du/ac) and Rezoning from AR (Agricultural Residential) to R-1-A (Single Family Residential 0-5 du/ac) for an 18.16 acres property located on the east side of Military Trail just 160' south of West Atlantic Avenue. I I ! GENERAL DATA: rro Applicant...... .................. . City of Delray Beach DELRA Y SQUARE Agent.... ..... ............ ........... ... ....... City of Delray Beach PLAZA Location.. ....... ............. ................ East side of Military Trail, - Ol? approximately 160 ft. south of West Atlantic Avenue. Property Size....... ...... ......... ....... 18.16 Acres Existing County Future Land Use Map Designation ... .................... .. .. MR-5 (Medium Residential , ¡ 0-5 du/ac) I Proposed City Future Land Use Map LD Designation......... ............... ........ ~ WEST . Existing County Zoning............... AR (Agricultural Residential) Proposed City Zoning................. R-1-A (Single Family Residential) -I :;¡: Adjacent Zoning................North: City PC (Planned !: DELRA Y WEsr , Commercial) and GC I PLAZA , 1 I (General Commercial) i I East City RM-8 (Residential I I ! .-....... ~...... Medium Density 8 du/ac) : .J~:; ..1.··.. South: City R-1-A (Single Family . I 'II . · .. .. . -. .. ,.. -*,-.-.....,. -. .. Residential) and OSR 'II . I. ......... ~I __ ~ >- ~. t!'~1; ..... I I ., "... ,;... (Open Space Recreational) 0::.. ... .. ..-. . ., .. II ~ ."... .':,r.. .. West RM-9 (Residential Medium :::¡ .. . .',. I , II :ë:.. .»:.1 II . I I . I Density 9 du/ac) .. . ..... -.... : rW..· ..~fI.¡' . . .'::" I I. Existing Land Use...................... Single Family Homes and . . -. . . II . . :. .. . I Vacant Land. f. I. · · I · . I. Proposed Land Use.................... Single Family Homes I L II. .-. - ...... 'fIIJ .. · · .. · .-. . III . . ¡ F - ~ ANA ( Water Service. ...... ....... .... ....... .... Water service will be :) \ 0 VI / available via connection to a 8" water main that will be located along Whatley Road Jefferson Road and Lincoln Road. . Sewer Service............................. Sewer service will be available via a 4" force main that will be located along Whatley Road Jefferson Road and Lincoln Road. IV.G.2.2. I .ìf=,JI BEFORE THE BOARD I The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from MR-5 (Medium Density Residential - 5 units/acre on the Palm Beach County Comprehensive Plan) to LD (Low Density Residential 0-5 units/ac) and rezoning from AR (Agricultural Residential) to R-1-A (Single Family Residential) for 18.16 acres of land which includes (95) parcels located on the east side of Military Trail just 160' south of Atlantic Avenue. Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to a FLUM amendment and Rezoning of any property within the City. I ·BÂ~KdRàø"BlfiRø¡jÉct DÉSCRlpnON I ' --f'<*"""; ~.:~-<;:_~' J::c,-~-:<-_"",::;;~~-"~:-1..~"~":...,<~:;ø:-'~,,./,~ :;~, ~ < '" _ ''>" - .:. Ã _ J The subject property consists of 18.16 acres of land and encompasses ninety-five (95) parcels located along Jefferson Road, Whatley Road and Lincoln Road. The properties are bound to the south by the LWDD L-34 Canal; to the north by Delray West Shopping Plaza and World Saving Bank; to the west by Military Trail and a veterinary clinic; and, to the east side by Sherwood Forest residential development. The subject property is known as Country Club Acres subdivision and contains nrnety-five (95) individual parcels. Eighty one (81) of these parcels contain single family residential homes, while fourteen (14) are vacant residential parcels. The parcels can be accessed to the north from West Atlantic Avenue via Whatley Road and to the west from Military Trail via Jefferson and Lincoln Road. The forty six (46) out of these 95 parcels have been annexed by voluntary annexation or annexation agreements contained in executed water agreements. The balance of the Country Club Acres subdivision (49 parcels contained within seven enclaves) were annexed via an interlocal agreement between Palm Beach County and the City of Delray Beach effective May 3,2005. On April 19, 2005, the City Commission approved on second reading, the voluntary annexation of forty six (46) parcels located within the subdivision. During the same meeting the City Commission also approved the annexation for the balance of the Country Club Acres subdivision (49 parcels contained within seven enclaves and the local rights of way) via interlocal agreement. The Interlocal Agreement was approved by the County Commission on May 3rd, 2005. The property is currently subject to Palm Beach County Land Use and Zoning designations. The City has an advisory Low Density (LD) land use designation for the property which allows for single family residential development with a density between zero and five units per acre. The Future Land Use amendment and rezoning of the subject property is part of the amended Comprehensive Plan amendment 2005-1 which is anticipated to be adopted in September 2005. An application is now before the Board regarding a FLUM Amendment from MR-5 to LD and a Rezoning from County AR to City R-1-A. Planning and Zoning Board Meeti of 05/16/05: Staff Report Country Club Acres - Small-Scal~ _UM Amendment and Rezoning Page 2 I J:OTORE LAND U~SE MAP AMENDMENT ANALYSIS 1 This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments under Florida Statute 163.3187. Land Use Analvsis: Consistency Between the City and County land Use Designations: The proposed City Land Use Map Designation for the property is LD (Low Density 0-5 du/ac). The existing County Future Land Use Map Designation for the property is MR-5 (Medium Residential - 5 du/ac). The City's LD Land Use Map Designation is consistent with the County's MR-5 designation in that Low Density Residential is allowed. The current advisory "Low Density" residential designation allows single family residential developm-ént. The City's FLUM designation as initially contained on the City's Future Land Use Map adopted by Ordinance 82- 89 in November 1989, (and as formally amended subsequently) are deemed to be advisory until an official Future Land Use Map Amendment is processed. Adiacent Land Use Map Designations. Zoning Designations and Land Uses: The Country Club Acres properties are bound to the south by the LWDD L-34 Canal; to the north by Delray West Plaza and World Saving Bank; to the west by Military Trail and a veterinary clinic; and, to the east side by Sherwood Forest residential development. The following zoning designations and uses abut the subject property: I I Zoning Designation I Land Use Designation I Use I North: General Commercial General Commercial (GC) Delray West Plaza and (GC) World Saving Bank Single Family Residential Low Density Residential, Single Family Subdivision South: (R-1-A) (The Estates, Lakewood, 0-5 du/ac (LD) Fox Pointe) East: Single Family Residential Low Density Residential, Single F amity Subdivision (R-1-A) 0-5 du/ac (LD) (Sherwood Forest) Multiple Family Multiple Family Future Townhouse West: Residential - Medium Residential, Medium Development (Gramercy Density (RM-8) Density (RM) Square) Allowable Land Uses: Under the proposed Low Density Residential 0-5 du/ac Land Use Map designation, residential zoning districts which accommodate single family units (R-1 thru R-1-AAA) are allowed. The applicant has requested an initial zoning designation of R-1-A (Single Family Residential). This zoning is consistent with the prevailing lot sizes and the proposed LD Land Use designation. Planning and Zoning Board Meeti· of 05116/05: Staff Report Country Club Acres - Small-Scalf. _UM Amendment and Rezoning Page 3 REQUIRED FIDINGS: LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. o Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated af\d said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated, and said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The proposed Single Family Residential (R-1-A) zoning district is consistent with the proposed Low Density Residential (LD) FLUM designation. Single-family unit developments are allowed in an R-1-A zoning district as a permitted use at a base rate of zero to five (5) units per acre. Based on the above, positive findings can be made with respect to FLUM consistency. o Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves amending the FLUM designation from MR-5 to LD on ninety-five parcels which total approximately 18.16 acres. The proposed FLUM Amendment will result in a shift of impact from County to City services. Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic and Water and Sewer are discussed below: Parks and Recreation: The City provides 127 acres of activity based recreation facilities such as tennis, baseball, basket ball, soft ball and other similar sports. An additional 247 acres are considered resource based activities such as beaches and lakes for swimming, boating picnicking, hiking, and other activities excluding golf courses. Within recreation areas, amenities and facilities are provided to meet the demand for leisure opportunities for all segments of the community. The City of Delray Beach provides a ratio of eight (8) acres of park and recreational facilities per 1,000 people while the current national ratio is 3 acres of park and recreational facilities per 1,000 people. This indicates that the City will have sufficient recreation facilities to accommodate the additional 257 persons anticipated from this development (2.7persons x 95 lots = 256.5). Schools: Country Club Acres east of Military Trail is an already built and well established urban community. Therefore, a concurrency finding from the Palm Beach County School District is not required. Solid Waste: Eighty one (81) out of the ninety-five parcels currently contain single family homes while fourteen (14) are vacant parcels and therefore have a minor impact on this level of service standard. Assuming the total number of single family homes as built (95 Planning and Zoning Board Meeti of 05116105: Staff Report Country Club Acres - Small-Scale _UM Amendment and Rezoning Page 4 units} the subject properties will generate 189.05 tons of solid waste per year (1.99x95=189.05). However, as the demand for 81 units is already accommodated by the County land fill the real impact will be limited to the built out of 14 vacant parcels or 14 x 1.99 = 27 86 tons. The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. Water: Water service is currently being provided to properties on Jefferson Road and a portion Whatley Road. The proposed water improvements to be constructed by the City after annexation will include Lincoln Road and the remaining portion of Whatley Road. Once the proposed infrastructure improvements are completed municipal water service will be available via connection to the new 8" water main for all properties within the subdivision. Along the new mains, fire hydrants will be installed with a minimum spacing of 400 feet. Sewer: The proposed sewer will be installed after annexation throughout the entire subdivision, with gravity connections. to the west end of Jefferson Road and Sherwood Forest Drive respectively. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The parcels can be accessed to the north from West Atlantic Avenue via Whatley Road and to the west from Military Trail via Jefferson and Lincoln Road. Those portions of the right-of-way of Lincoln Road, Jefferson Road and Whatley Road located within the Country Club Acres sub-division (east of Military Trail) have been annexed into and included in the corporate boundaries of the City of Delray Beach. This includes acceptance by the City of ownership and maintenance of the right-of-way of those portions of Lincoln, Jefferson and Whatley Roads, and responsibility for providing emergency services in those areas. Country Club Acres east of Military Trail is an existing already built community that complies with the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. Based upon the above a positive finding with respect to traffic concurrency can be made. There will be a mutual agreement by the City and County pursuant to Section 335.0415, Florida Statutes (2004), for the transfer of the responsibility for operation and maintenance of the public right-of-way of those portions of Lincoln, Jefferson and Whatley Roads from Palm Beach County to the City of Delray Beach. CJ Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based upon the findings listed below, and must be supporled by data and analysis that demonstrate compliance with these findings: Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other ci rcumstances. This requirement shall not apply to requests for the FlUM Planning and Zoning Board Meeti· 1)f 05/16/05: Staff Report Country Club Acres - Small-Scale _UM Amendment and Rezoning Page 5 designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The proposal is associated with the annexation of this unincorporated property and requires changing the FLUM designation from County to City. The current County FLUM designation is MR-5 and the current "advisory" designation is LD (Low Density Residential), which allows single family residential developments. As the City's FLUM designation is being applied the requirement to provide justification for the need does not apply. It is noted that the proposed R-1-A designation would allow the same density (0-5 du/ac) as the one currently allow under the county designation of (MR-5). Future Land Use Element Objective A-1: Property. shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would require mitigation measures. Country Club Acres east of Military Trail is an existing already built community. Under the LD FLUM designation, a range of 0 to 5 du/ac is allowed. The requested zoning designation of R-1-A will be compatible with the adjacent development patterns. The requested R-1-A zoning would be similar to properties to the east and south (Sherwood Forest, Fox Pointe, and The Estates). The property immediately to the west is currently designated RM (Multiple Family Residential) with a zoning designation of RM-8 while commercial properties border the subdivision to the north. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As described previously, the requested FLUM designation of LD (Low Density Residential) and zoning of R-1-A (Single Family Residential) will be compatible with adjacent development patterns. Homeownership is a characteristic of this designation. Consequently, compatibility with the abutting low density residential properties to the east (Sherwood Forest), and to the south (Fox Pointe, and The Estates) is not a major concern. t ZONING ANALYSIS ~.~,<~'~;,~2'·'·':·j' :" Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LOR were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Rndings are discussed below. The proposed City zoning designation is R-1-A (Single Family Residential) while the current County zoning designation is AR (Agricultural Residential). Planning and Zoning Board Meeti' Qf 05/16/05: Staff Report Country Club Acres - Small-Scalé _UM Amendment and Rezoning Page 6 The surrounding zoning designations are: City RM-8 (Residential Medium Density 8 du/ac) to the west; City R-1-A (Single Family Residential) to the east; City GC (Commercial Commercial) to the north; and City R-1-A (Single Family Residential) to the south. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Housing Element Policy A-3.2 - The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to these neighborhoods and affixed to the zoning map. Requests for rezoning to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. This policy relates to areas which are designated stable residential on the Residential Neighborhood Categorization Map. The following table identifies the neighboring residential developments and their respective densities: Densi 3.5 du/ac 3.4 du/ac 1 du/ac 7.93 du/ac 8.00 du/ac 4.45 du/ac The table indicates that the surrounding single family developments are less than 4.5 dwelling units per acre. The two multiple family developments have a density less than 8.53 dwelling units per acre. The Legacy at Sherwood Forest development is the most recently approved multiple family project which has a density of less than 8 dwelling units per acre. Therefore, a rezoning of the subject property with a density 0-5 dulac would be consistent with the development pattern in the area. REQUIRED FINDINGS: (Chapter 3) Previously discussed under Land Use section of this report COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: CONSISTENCY: Compliance with the performance standards set forth in LOR Section 3.2.2, along with the required findings in LDR Section 2.4.5(0) (5), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Planning and Zoning Board Meeti' Qf 05/16/05: Staff Report Country Club Acres - Small-Scale _UM Amendment and Rezoning Page 7 Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment analysis section of this report. Section 3.2.2 (Standards for Rezoning Actions): standard "B", "C", and "E" are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: A) The most restrictive residential zoning district that is applicable given existing patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezoning to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. As previously discussed this standard is met. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As previously discussed the proposed zoning designation is compatible with surrounding zoning categories and existing development patterns. Section 2.4.5 (0) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (0) (5), Pursuant to LDR Section 2.4.5(0) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The request is associated with a recently annexed property which requires appropriate City zoning designation be applied. The R-1-A is appropriate as it is consistent with the County MR- 5 (Medium Density Residential 0-5 du/ac) and the proposed City Low Density Residential 0-5 dulac land use designations. Items "b" and "c" are the basis for which the rezoning should be granted. The property has been annexed (change in circumstance) and the proposed zoning is of similar intensity. Based Planning and Zoning Board Meeti· <Jf 05/16105: Staff Report Country Club Acres - Small-ScalE. _UM Amendment and Rezoning Page 8 upon the above, this request does fulfill two of the reasons identified under LOR Section 2.4.5(D} (5). 1~~YJEWgBYOTHERS !~ The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downt0"^l.p Development Authority (DDA). Palm Beach County Notice: On March 07, 2005 the Palm Beach County Planning Division was notified of the City's intent to annex this property. The County is a partner to the action via the interlocal agreement to the annexation and related cost sharing in the future infrastructure improvements. Lake Worth Drainage District: On March 07, 2005, Lake Worth Drainage District was notified of the City's intent to annex this property. No objections have been received. IPARC Notice: Notice of the Future Land Use Amendment has also been provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections have been received Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: o Russel Mawson, Country Club Acres HOA o Carolyn Zimmerman, President Council o Herbert levine, Hamlet Residents Association o Jayne King, PROD (Progressive Residents of Delray) o Virginia Synder, Old School Square o Fred and Sandy Beaumont, Country Club Acres HOA Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. r{~?:<':' :"<':":T.:'" ASSeSMENT A~D CONCLUSION I The City's LD Land Use Map Designation is consistent with the County's MR-5 designation in that Low Density Residential is allowed. The application of an initial zoning designation of R-1-A is compatible with the surrounding development pattern and is consistent with the proposed FLUM designation, and with the zoning categories assigned for the properties to the east and Planning and Zoning Board Meeti- ')f 05116/05: Staff Report Country Club Acres - Small-Scale _UM Amendment and Rezoning Page 9 south of the subject property. Based upon the above, the proposed Future land Use Map Amendment and associated Rezoning application should be approved. I ~Ltfi.â~~ TIVe ACTIONS :, A. Continue with direction. B. Move a recommendation of approval to the City Commission for the FlUM Amendment from County MR-5 to City low Density Residential 0-5 dulac, and the initial zoning designation of R-1-A (Single Family Residential 0-5 dulac) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the land Development Regulations. C. Move a recommendation of denial to the City Commission for the FlUM Amendment from County MR-5 to City low Density Residential 0-5 dulac, and the initial zoning designation of R-1-A (Single Family Residential 0-5 du/ac) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the land Development Regulations. L ReèÓMMEN'DÈD ACTtÔN ..."~ ---< ,."", ""-". r_"~'¡..""__£ ~ 'b , ,~ ',,, ~ ' , D. Move a recommendation of approval to the City Commission for the FlUM Amendment from County MR-5 to City low Density Residential 0-5 dulac, and the initial zoning designation of R-1-A (Single Family Residential 0-5 dulac) for the subject property, 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 does meet the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the land Development Regulations. Attachments: Location Map Staff Report Prepared by: Estelio Breto, Senior Planner / \)s OL/ v<V ~G 'V ~'r' . ",«,,'r' \)G ~ <J;-*'<V G~ ~-\ D IS ~'r' ~,,«:- i :¿' \) I () ¡ (J"¡ II-- 1--1-- n :::J <:0:: ,"( :::J ~ ý) ()Q <J (.i-Þ--V I ~ If)O WASHINGTON FIRST -I-- 0 G::::¡ MUTUAL UNION . \ -J ~ ß \, -J I WEST AVENUE . ~J I I · . . ... . . · · · · NA nONS -I .. · · BANK « · PINES œ:: DELRA Y I · · ¡- WEST ; · I WEST ¡ · · PLAZA · PLAZA · - · · I · II I · · . II I · . r········....··· · · ! . · i . . -' · ! \ I . · >-. · a::: «. . · 1-. · -I · -. . ~. · - :... · .. . - . II · Ii L-34 CANAL ...................... L - .)'1· L-AN A,L I I- ESTATES DRIVE \ => \. \ 0 , \ (/) \ I ! ¡ WASHINGTON R i \ . I \ I \ _i¡ \ W 0 0 0 s: w :I<: « -.J N COUNTRY CLUB ACRES .. ""'\... ~ MUNICIPAL CITY UMITS CTY OF OORA Y BEACH, FL PLANNING de ZONING OEPART1IIÐH -- DIGITAL BASE UAP SYSTEM -- MAP REF l.M825 · ., ~. ~ _~ _, ~ A ~~_~ , _ _ ~A ,'<_' < ~ .~, -~~. - ~ ~ .. - I··· dÒMPREHENSIVE PLAN AMENDMENT 05-1 I CITY OF DELRA Y BEACH, FLORIDA , , , SUPPORT DOCUMENT #4 Delray Medical Center FLUM Amendment and Rezoning Staff Report SDIM --_.--------- - - - --------~.~---- ~---- - --- -------- LAS VERDES DRI VE CF DUNCAN CEN TER DELRA Y TOWN CENTER ~ - : I /" LINTON BOULEVARD CAN A L '- -36 South Trust ....J Bonk B C PALM <: . . . a::: COURT l ST /8 I- BOCARAY PLAZA PLAZA .'" >- SOCfiOUN TY ~ GC a::: MENTAL HEAL TH <: CEN TER -' WAL-MART I- <C z ....J SOUTf-/ COUNTY PROF <C ::::?:: u CEN TRE CONDO CIRCLE COUNTRY LAKE P.B. COUNTY MR-5 ::::> o en N FUTURE LAND USE MAP AMENDMENT - DELRA Y MEDICAL CENTER aTY Of O£LRA Y BEACH, fL fROM PALM BEACH COUtlTY INST (ItlSmUnONAL) TO, CITY Cf (COMMUNITY fACILITIES) PLANNING &: ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF LM828 . ...... : ~.,._."X'2.'4'.... ".......,. . .. ·"-·di-~·'6A'1Jo--t1Ii ~"I(~'~~';"""--l': ...-~.~.. ._ :..':;.~. ·t":~~·;;~<·~wr:·::;.;.~.ct~..1\II .~..'.. ..:.. ....c ... f.;.NT. :r Q :...:-<o:,,~.:~:¡:, !.~.. . :. . ;.1"':;:: ..." .,. .. ~, .): DA'!f!J ~~ MANAGER THRU: ~G~ANNINGANDZONING FROM: AL G , I PLANNER SUBJECT: MEETING OF JUNE 7, 2005 CITY INITIATED FUTURE LAND USE MAP AMENDMENT FROM COUNTY INST (lNSTUTIONAL) TO CITY CF (COMMUNITY FACILITIES) FOR DELRA Y MEDICAL CENTER. LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, APPROXIMATELY 1.240 FEET WEST OF MILITARY TRAIL. , ~r~ ~ -::-I1~4#~~~'-':!';"':"":T '"4~·~~~GiIIØ- II >~-<t,~W!'''~ii~; ~:~;. ~~~~ .r~~~' . + .¡c.¡.. ~_::iI'~.: ._...~ -:,.:-....-.J:!¡..j"..-r-.~~.. '':"':-,.'''':..;I"'..''"..~,, '- 'II... .,~_ .- - - .-... The property under consideration is an unplatted 30.74 acre parcel which contains a 406,000 sq.ft. (approximate) hospital complex, known as Delray Medical Center. On February 3, 1981, an Agreement for Water and Sewer Service was executed for the subject property as well as for the adjacent medical office and shopping center developments. The hospital was constructed in 1982, and City water and sewer facilities were extended to the development. Over the years the hospital has been expanded. On March 18, 1999, the Agreement for Water and Sewer Service was amended and included paragraphs, which gave consent for future annexation and assessment of a storm water assessment fee. The Agreement was processed in conjunction with a proposal to expand the medical center. The agreement states that the overall development will be annexed in phases with the shopping center to be annexed by March 31, 2001 (completed), Delray '''edical Center during the year 2005, Fair Oaks property by 2008, and Lago Vista property by 2011. This Future Land Use Map amendment is accompanied by a City initiated Annexation and initial zoning of CF (Community Facilities), which has also been scheduled for this City Commission meeting. Additional background and analysis are provided in the Planning and Zoning Board staff report attached as Support Document #4 in Comprehensive Plan Amendment 2005-1. E~=--_r ~~ ~ -~=-~=~~ ¡~.~}¿~-,~~--~4IG~T~_\~~_:_-; :j~~:"X~~\~_~_i:~~~j~22:~~ ~) ~~~ ~"'i _;~ "_~l~~~:r~-=-~=L~==_~::.,:--~-'--.= At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction with the City initiated Annexation, FLUM amendment and initial zoning request. No one from the public spoke on the item. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Kincaid, Morris and Zacks absent) to recommend approval of the City initiated Annexation, FLUM amendment and initial zoning request, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, meets the criteria set forth in Sections 2.4.5(C)(4), 2.4.5(0)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, and complies with Florida Statutes Chapter 171. i - ~..............--~ - - -~ --- - - - - - - l _ __.. ro) ~ '-- :, ¡ j '" - '- - -- -- _-'-"~..__~_~~_ AU",,"-~_.~_ ____._ __ -- - ~ - - - _~__. 4~ ~ ~ - >..,~~ ~-~~~-~-"--~~~ -~~_._-~--~,~~ By motion, approve the Future Land Use Map amendment, associated with Comprehensive Plan Amendment 2005-01, from County INST (Institutional) to City CF (Community Facilities) for Delray Medical Center, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 3.1.1 (Required ïndings) of the Land Development Regulations. PLANNING AND ZONING BOARD CITY OF DEL RAY BEACH ---STAFF REPORT--- MEETING DATE: May 23, 2005 AGENDA ITEM: IV.G.2.3. ITEM: City InitIated Future Land Use Map Amendment From County - INST (Institutional) To City - CF (Community Facilities) and Associated Annexation (Via the ProvisIons of the Executed Water Service Agreement and Consent To Annexation) With Initial Zoning of Rezoning CF (Community Facilities) For Delray Medical Center, Located on the South Side of Linton Boulevard, Approximately 1,240 Feet West of Military TraIl. (Quasi-Judicial Hearing) ::::111111 ,.1 II ; I ¡ II,. I III ! I ::' I ' I.: : i-- I = :' II Ii I' I! ' . ; ¡ i II i-- =- ¡, i ¡ , ",' I:' i-- t ~ I "- - . I - , ,II !j , ,I , ,i-- I _ ,", I 'il I i! I, i-- :::: II! ¡ " I! I ,!' ~ 'I i 17~'~'~YD~~'~ ,;7N··~~·'! E'= / ' . 'I "~ " ~' " , "]! ' /' -, V:: )~t"'--' II '!\,~ '." '\::.! ¡ GENERAL DATA: , Il__<~I~C!lj{/'"'''''/~''' ,,//:~.,,~ · I, In' - >--------1 ~ . "I" 'I!~ Owner......................................... Tenet Healthcare Corporation ! ~. l~ \ '.ò.\ '. /', /""'" i.! 1 A ,. D ·d T H d C· M "//~ \', / ~ , '~ - pp,canL.uuuuuu.u...u.u.. c:;'ofDe'~:y:;a~Y anager :~~'Ah:- _ Location............... ...................... South ~Ide of Linton Boulevard, I.' ~~~'~IC'." ,¿.~I. ., approximately 1,240 feet west of '"~,, ',LI!¡~', v:~/, r'- M·I·t T ·1 ~ ~ I', . :é---' ~ II ary ral. L I " TO" '. 0 U LEV A R 0 Property Size.............................. 30.74 Acres ! ,- ( .'. ,-..~..,F Exis.ting ~ounty F.L.U.M. . . ; I '" .~. c~. B_' :1< Designation ................................ County INST (Institutional) I I __ ·w. ~ ) Proposed City F.L.U.M. ~ .-.~: , ¿ 11 I J- Designation................................. CF (Community Facilities) ~I L~ Existing County Zoning............... County IPF (Institutional and~! .~-.~, ~- , ,-- Public Facilities) ~i ¡ '" Proposed City Zoning................. CF (Community Facililies) "~m'm""" '""'''''I'ii'P=J n Adjacent ZOnlng................North: P.B. County CS/SE and P.B. . J u County RM/SE ~." ,_c §~ i 0 East: City PC (Planned Commercial) &! ' , " . : x;=::: P.B. County CS/SE ! W!!ill!!!!1J~aill!ill!!!Dê§~ ~I ;:; South: P.B.CountyRS/SE ~ f Š~~;/\,~I~i ,t, . ~ D West. P.B. County IPF and P.B. B~' ,"8,,' ~~ County RM/SE " ¡ 0~\,' \\,\\ 1 . . . r\i--' )-1 Y 1111/11/11 , I ,I' , EXisting Land Use...................... Hospital Complex "'H <-D 1--1 P d L d Use Hosp·ltal Complex "I I· III ! II1I i II ,,1111 II, IIIII ¡ 1---1 repose an .................... ~ ' mTì - a~a. W t S . E . t· ·t '/----tl III" edn 1IIIIIUJ@(¿f'¡'\ I--' a er ervl.ce............................. x~s ~ng on s~ e =t ')C=lill'lillllk Sewer Service............................. EXisting on site ~~l§J ¡¡¡¡ - . ; )Qj~~~ '- . !50IIIII¡¡OIIDIiJITIJDOK;¡iIL/M/Ì\ i/r'i II ~ I 11~ \ ~:--) J1' '. 1'. N~'t ) , ( \; '-' , , - -I v..... _..' ~~:~;>. \ J ~ J I' , i \ OJ 17~ '" (\ \ IV.G.2.3 I t' '."iI'.~... . ------. . .. -- --------- - -. n_.__· . - - .-----1 .. ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation on a City-initiated Annexation, Future Land Use Map Amendment from County INST (Institutional) to City CF (Community Facilities) with initial zoning of CF (Community Facilities) for Delray Medical Center. The affected property is located on the south side of Linton Boulevard, approximately 1,240 feet west of Military Trail, and contains approximately 30.74 acres. LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this petition. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map. I ..', .,~ . .... . '~"" . . ' .. . . '. '8 A'C K-G·R·~Õ·U N D--" ----.---. -..------ -, . ".", The property under consideration is an unplatted 30.74 acre parcel which contains a 406,000 sq.ft. (approximate) hospital complex, known as Delray Medical Center. On February 3, 1981, an Agreement for Water and Sewer Service was executed for the subject property as well as for the adjacent medical office and shopping center developments. The hospital was constructed in 1982, and City water and sewer facilities were extended to the development. Over the years the hospital has been expanded. On March 18, 1999, the Agreement for Water and Sewer Service was amended and included paragraphs, which gave consent for future annexation and assessment of a storm water assessment fee. The Agreement was processed in conjunction with a proposal to expand the medical center. The agreement states that the overall development will be annexed in phases with the shopping center to be annexed by March 31, 2001 (completed), Delray Medical Center during the year 2005, Fair Oaks property by 2008, and Lago Vista property by 2011. The City is processing the FLUM amendment from County INST to City CF and the Annexation with initial zoning of CF, pursuant to the referenced agreement. 1··:·~·~·~"~f[[j!ï;ij~1i:ê-~~·~~tfD ··~Ù··S:E;"~Ñ"Ä·.P.>A:M E ·Nï) Mï~- Ñ-T"---i-ÑnÃ-L:-y 5-i-5--" ------:-1 ." . .~. "'. ~ n .". ,_ . . I ... . . This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S_ 163.3187)_ REQUIRED FINDINGS: lDR (CHAPTER 3) PERFORMANCE ST ANDAROS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future land Use Map [Section 3.1.1 (A)], Concurrency [Section 3.1.1 (B)], Comprehensive Plan Consistency [Section 3.1.1 (C)], and Compliance with the Land Development Regulations [Section 3.1.1(0)]. P&Z Board Staff Report Delray Medical Center - Future Land Use Map Amendment & Annexation with Initial Zoning of CF Page 2 Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The accompanying annexation and initial zoning application is seeking a CF (Community Facilities) zoning district. The proposed CF Future Land Use Map designation is consistent with the proposed CF zoning designation. The existing hospital is allowed as a conditional use within the CF zoning district (ref. LDR Section 4.4.21 (D)(1)]. Based upon the above, positive findings can be made with respect to Future Land Use Map consistency. The remaining required findings of LOR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the land Development Regulations are discussed below. Future Land Use Element Policy A-i.7: Amendments to the Future land Use Map must be based upon the following findings: o Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FlUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FlUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The above requirement does not apply as the FLUM amendment is associated with an annexation, and the advisory CF (Community Facilities) FLUM designation is being applied. The proposed City CF FLUM designation is consistent with the County INST designation. o Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The request is to apply the advisory CF FLUM designation, which was applied to this property with adoption of the Comprehensive Plan and Future Land Use Map in 1989. Thus, the designation is consistent with the goals, objectives, and policies of the Comprehensive Plan. o Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered in the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. The proposed CF designation is of the same intensity as the existing County INST P&Z Board Staff Report Defray Medical Center - Future Land Use Map Amendment & Annexation with Initial Zoning of CF Page 3 designation. Thus, the act of officially adopting the City's Community Facilities (CF) Future Land Use Map designation has no negative impact with respect to level of service standards. o Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. North: North of the subject property, across Linton Boulevard, has a County FLUM designation of HR-12 (High Residential, 12 units per acre and is zoned RM (Multifamily Residential). The existing land use is a condominium development known as Las Verdes. There is also an existing office development abutting the north and east sides of the subject property (Del ray Medical Center Condominiums). The property has a County FLUM designation of INST (Institutional) and is zoned CS/SE. South: The abutting property to the $outh has a County Future Land Use Map designation of MR-5 (Medium Residential, 5 units per acre) and is zoned RS/SE (Single Family Residential). The existing use of the property is the Country Lake Subdivision. East: The properties to the east, have a City Future Land Use Map designation of GC (General Commercial) and are zoned PC (Planned Commercial). The existing uses are the Walmart and Palm Court Shopping Plaza. West: The properties west of the subject property have County FLUM designations of INST (south property) and INST/8 (Institutional, with an underlying High Residential -8 units per acre) (north property), with an advisory City designation of CF (Community Facilities). The properties are zoned IPF (Institutional and Public Facilities) and RM/SE, respectively. They contain the Fair Oaks Hospital (south) and Lago Vista Rehabilitation Facility (north). The existing hospital complex has co-existed with the surrounding developments for many years. The application of the advisory CF FLUM designation to the existing community facilities property is compatible with existing and future land uses of the surrounding area. Site specific compatibility of future development with the adjacent developments will be addressed at the time of site and development plan review of future development proposals. o Compliance - Development under the requested designation will comply with the provisions and requirements of the land Development Regulations. There is no development proposal associated with the Annexation and FLUM amendment requests. Compliance with the Land Development Regulations will be addressed with future development proposals. There are no problems anticipated with the ability to comply with the land Development Regulations. ~. 'u t.. . r~~:'~~.~.'., "'''ÕJN:.:~E··i'~'''·-'¡Ä·N·tfË X Ä'T i-b N· A 'N"Äl':!Y'š~í s" ';" .-------- . ;," .11".. ".,' .,. "o(:..:r ... I' ,. .....,..... . land Development Regulations Governing Annexations: Pursuant to the LOR Section 2.4.5 (C)(1), the City may initiate an annexation of pñvate property if said right has been delegated via provisions of a water service agreement or other agreement to that end. The City initiated annexation is pursuant to the Agreement for Water and Sewer P&Z Board Staff Report Delray Medical Center - Future land Use Map Amendment & Annexation with Initial Zoning of CF Page 4 Service and Consent to Annexation and Storm water Management Assessment executed on March 18, 1999. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Desianated Annexation Area: Pursuant to Future Land Use Element Policy B-3.5, the property to be annexed is located within "Annexation Area B", southwest corner of Linton Boulevard and Military Trail. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The following is a discussion of required services and the manner in which they will be and are provided (i.e. water and sewer). Police: This property is currently serviced by the Palm Beach County Sheriffs Office, located at 345 South Congress Avenue, which serves the South County area. The property lies within Sheriff patrol zone 9. Zone 9 is bordered by Jog Road on the west, the Atlantic Ocean on the east, Atlantic Avenue on the north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. City police currently pass the property while patrolling areas of the City to the east of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The adjacent municipal area is served by Fire Station No. 5 (Linton Boulevard & Germantown Road). With annexation, the property will receive an improvement in response time from the current 3.5 minutes of the County Fire Department (Pheasant Walk Station) to approximately 1.5 minute for the City's Fire Department (Fire Station No.5). Police and Fire Personnel Needs: This annexation does not directly generate the demand for additional Police and Fire personnel. However, this annexation in conjunction with the recent annexations of Country Club Acres, The Colony, and Bexley Park as well as the redevelopment that has occurred in the City have generated additional demands for personnel from both the Police and Fire Rescue Departments. These needs will be addressed through the City's budgetary process. Water and Sewer: The existing development is connected to the City's municipal water and sewer system, via 8" and 10" water mains, and 8" sewer mains. As part of the Agreement for Water and Sewer Service in 1981, these mains were extended to the site. ~ Streets: This property has direct access to Linton Boulevard, and Military Trail via an access tract through Palm Court Plaza. Both Military Trail and Linton Boulevard are under Palm Beach P&Z Board Staff Report Delray Medical Center - Future Land Use Map Amendment & Annexation with Initial Zoning of CF Page 5 County jurisdiction. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. As the property is currently developed as a hospital, there will be no change with respect to traffic. With any proposals for building additions, traffic will be evaluated. Parks and Open Space: The existing institutional development does not have an impact with respect to this level of service standard. It is noted however, the City currently provides approximately 8 acres per 1,000 residents of recreation space, which far exceeds the desired standard of 3 acres per 1,000 residents established in the Comprehensive Plan. Solid Waste: As there is no change in actual land use, there is no impact on solid waste disposal. The service provider will remain the same, as described later in this report. Financial Impacts: Effect Upon Annexed Property: NOTE: The following analysis includes the Fair Oaks facility, which is not being considered for annexation at this time. Palm Beach County Property Appraiser's records include Fair Oaks and the Medical Center as one parcel, which has one property control number (Tax I.D. Number). Thus, the County's assessment incorporates all the improvements within the parcel. Prior to annexation, the two facilities will need to have their own property control numbers. The following is provided for illustration purposes and are estimates based upon the current situation. The actual fiscal impacts will be less than indicated below. For the 2004 tax year Defray Medical Center had an assessed value of $29,748,655.00. With the change from County to City jurisdiction, the following taxes and rates will be affected: Taxes MillaQe With Annexation Fire/Rescue MSTU 3.1999 Deleted (County) Library .5807 Deleted (County) City of Delray Beach 7.4500 Added (City) City of Delray Beach Debt .5500 Added (City) 4.2194 Difference* * Total tax millage in the County is 19.5051 mills while in the City the total millage rate is 23.1890 mills. The current yearly ad valorem taxes are $580,250.49. With annexation the yearly ad valorem taxes will be $689,841.56; a tax difference of $109,591.07. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non-residential units the assessment fee is calculated using the following formula (# sq.ft. of impervious area/2,502) X $54. A 25% P&Z Board Staff Report Delray Medical Center - Future land Use Map Amendment & Annexation with Initial Zoning of CF Page 6 discount from the assessment is available if drainage is retained on site. Also a 25% discount from the assessment is available because the subject property is located with the Lake Worth Drainage District. As the property contains a nonresidential use, this assessment would be imposed in the amount of approximately $11,485.41. This figure excludes the Fair Oaks property. A further increase based upon new impervious surfaces will be realized with future development/redevelopment of the site. Solid Waste Authority - The South Military Trail annexation area is serviced by Waste Management (pursuant to a contract awarded on October 1, 2003), and the City's contract is currently through Waste Management. Therefore, the waste service provider will remain with Waste Management upon annexation. Occupational License Fees - The hospital has an occupational license. With the annexation, the hospital must obtain an occupational license from the City, in addition to the Coµnty's license. The City license fee is $142. Water/Sewer Rates - The Delray Medical Center is currently served by municipal water and sewer. Properties not located within the City that receive City water and sewer service are assessed an Out-of-City surcharge. Under that scenario, annexation of properties receiving municipal water would see a 25% reduction in water and sewer rates. Thus, the hospital will experience a decrease in water and sewer rates. In conjunction with the amendment to the agreement in 1999, an "Agreement and General Release" was included whereas the City agreed to make certain reimbursements for use of certain water lines, mains and lift stations installed by the developers. The City would pay a total of $224,735.00 to cover the reimbursements set forth in the water/sewer agreement entered into by the parties in February 1981. The payment has been divided into five equal payments of $44,947.00 for a 5 year period commencing March 1, 2001. Resulting Impacts to Property Owner: ~ ._1~~.: :.'~-~:.':.:_=- ~;~!!.~M~~~p~:II'iip~~T!~9N rtiE~pÄg~ ~~º~RT ~~~~~"-. --..- .... 11 ~.~ -- . FINANCIAL CONSIDERATIONS: AD VALOREM TAXES $ 109,591.07 (Change from 2003/2004 County of 19.5051 to City 2004/2005 rate 23.1890 mills (4.2194). NON AD VALOREM Stormwater Assessment $ 11,485.41 OCCUPATIONAL LICENSE FEES $142.00 ANNUAL FINANCIAL IMPACT: $121,218.48 . Water and Sewer fees will decrease with annexation, and is based upon consumption P&Z Board Staff Report Delray Medical Center - Future Land Use Map Amendment & Annexation with Initial Zoning of CF Page 7 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 3.5 minutes Coun to 1.5 minute Ci EMS + Faster response time from (estimated time) 3.5 minutes (Coun ) to 1.5 minute (Cit ) POLICE + Better response based upon more officers in field CODE ENFORCEMENT reactive opportunity to work with Fiscal Impacts to the City: At the 2004/2005 City operating millage rate of7.45 mills and debt rate of 0.55 mills, the property will generate approximately $237,989.24 in new ad valorem taxes per year. Additional revenues will be realized through increased assessment value, the annual collection of the stormwater assessment fee, occupational license fees, as well as utility taxes (9.5% electric, 7% telephone, 8.7% gas) and franchise fees on electric, telephone, gas, and cable. REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(C)(4), the City Commission must make findings that the annexation is consistent with Objective B-3 of the Future Land Use Element, and complies with F .S. 171. As stated above, the subject property is located within a designated annexation area, Area B. Its annexation is consistent with the Objective B-3 of the Future Land Use Element. Also, the annexation complies with Florida States Section 171 as it pertains to annexations. The property is contiguous, reasonably compact and does not create an enclave; and, services will be provided to the property in a manner similar to other similar properties within the City. ,·:':''','14' 11-.... ~ ,..: :~'~:1·'~Ijf'~Y·"''''·:;.~· '¡j:'''~'''':'21j~'Ñ'!I'N ~··:f(l'I'Ä L::Y'S IS ---.... . ...----..--.- . . ....... . .' I . - .~. .~~'.:'....I". :. ......"¡... . If". .,' "~'';'. ~ ..... ," -."': "". . . REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment and Annexation Analysis" sections of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. P&Z Board Staff Report Delray Medical Center - Future Land Use Map Amendment & Annexation with Initial Zoning of CF Page 8 Section 3.2.1 (Basis for Determinina Consistency): The peñormance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The peñormance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1 (C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonina Actions): Standard A, B, C, and E are not applicable with respect to this rezoning request. The applicable peñormance standard of Section 3.2.2 is as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Compatibility is not a concern as the property currently contains a shopping center, which has existed at this location since 1982. The initial CF (Community Facilities) zoning designation will accommodate the existing hospital as a conditional use. There is no development proposal associated with this request. Compatibility of any future development proposals with the adjacent developments will be appropriately addressed with review of a site and development plan request and/or a conditional use request, if necessary. Section 2.4.5(D)(5) (Rezonina Findinas): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The basis for which the rezoning should be granted relates to Item "b", however, Item "c" is also applicable. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. The annexation requires that an appropriate City zoning designation be applied to the property_ The CF zoning designation is of similar intensity as that allowed under the proposed City CF and existing County INST land use designations. P&Z Board Staff Report Delray Medical Center - Future Land Use Map Amendment & Annexation with Initial Zoning of CF Page 9 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The property is development is allowed under the proposed CF zoning districts. With review of the annexation request, a site visit was conducted and did reveal some code violations, which primarily related to landscape deficiencies. Any future development will be required to comply with the Land Development Regulations. I - ." ".. . ---- --- . -- --- -"- .. .--. - . .------ ------- -, .' REV I EW B Y '0 THE R 5 .-" I. . . ," \~"".; .. . The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On May 4, 2005, the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowners associations and civic associations: . PROD (Progressive Residents of Delray) . Presidents Council Public Notice: Formal public notice has been provided to the property owner and to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting_ ~ ,. L'··' ..... ........ ~.. '''I:' .... . 1 ,.. ., . '. . ..... . . - " ..-_. ~...,. . ·..·tJ·......· ~.. '1· ~~:'C.:-.r"iJl.....··...i'r·~ .:~ç.:: :·./··t·· ,·,f·::.· :::,¡ti.~~::~:: .'~~!S"E·;.g S~M'E:N if A N'D:·'C:O N q·I1·JrS'1 0' . .~..::. -.. .':.: ~:' . "':.~,:.:>/.: Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan, and Sections 3.1.1 and 3.2.2 of the Land Development Regulations, and the policies of the Comprehensive Plan. The change is to a designation allowing a similar intensity as currently developed, and allowed under the existing County land use designation. Accommodating the annexation of this property and affixing an initial City zoning designation of CF (Community Facilities) is consistent with the City's program for annexation of territory within its Planning and Service Area. The CF zoning designation is consistent with the existing use of the property. The annexation will provide the property with better Police, Fire, EMS and Code P&Z Board Staff Report Defray Medical Center - Future Land Use Map Amendment & Annexation with Initial Zoning of CF Page 10 Enforcement services, however, will experience an increase in taxes and stormwater assessment fees. Positive findings can be made with respect to LDR Section 2.4.5(C)(4) and 2.4.5(0)(5), which relate to required findings for Annexations and Rezonings. The City will receive additional revenue from property taxes, stormwater assessment fees, and per capita revenues, which will result in a net increase to the City. In addition, revenues will be received from utility taxes and franchise fees. I .' , ... '. ---- -----_. - ACT· IONS :' '·1 ALTERNATIVE . . A. Continue with direction. B. Move a recommendation of approval to the City Commission for the City initiated Annexation, Future Land Use Map amendment from County INST to City CF (Community Facilities) and initial zoning designation of CF for Delray Medical Center, 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 Sections 2.4.5(C)(4), 2.4.5(0)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, complies with Florida Statutes Chapter 171. C. Move a recommendation of denial to the City Commission for the City initiated Annexation, Future Land Use Map amendment from County INST to City CF (Community Facilities) and initial zoning designation of CF for Delray Medical Center, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(C)(4), 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, and does not comply with Florida Statutes Chapter 171. Ii i..... . ". I ',:~..I¡ ..r," . . 'S T Ãl=-¡'--R E C-Ó'M1Ùi"'.Ëfi b,)\:fiîf'N" ..... ..~.. , 'r· ~I> ~~,:.>.:o'.~o!o.(" ....., {- :":. '~;'~'¡' . . . .. - . . ".. : ..": .~. ..":':.~ . ::~·""·I·:"."·~-' -:-, Move a recommendation of approval to the City Commission for the City initiated Annexation, Future Land Use Map amendment from County INST to City CF (Community Facilities) and initial zoning designation of CF for Delray Medical Center, 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 Sections 2.4.5(C)(4), 2.4.5(0)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, complies with Florida Statutes Chapter 171. Attachments: Future land Use Map & Zoning Map LAS VERDES DRIVE (LAJ(E) CF ¡ ¡ DUNCAN CEN TER DELRA Y TOWN CENTER LINTON B 0 U LEV A R 0 CANAL L-36 South Trust --.J Bank - PALM .c( a::: COUR r t- BOCARA Y PLAZA PLAZA "l SOCfiOUNTY I >- w GC : a::: MENTAL HEAL TH .c( CEN TER -' t- « WAL-MART z --.J SOU TH COUN TY PROF - « :::!: u aRCl£ COUN TR Y LAKE P.B. COUNTY MR-5 en N DELRAY MEDICAL CENTER ANNEXATION - FUTURE LAND USE MAP AMENDMENT a TY or OELRA Y BEACH FL FROM PA1J,4 BEACH COUNIY INST (INSTITUTIONAL) TO DIY CF (COUMUNIIY FACtUTIES) PLANNING &: ZONING DEPAR TldEN T -- DiGITAL BASE MAP SYSTEM -- MAP REF. LMBZB LAS VERDES DRIVE CF ! DUNCAN CENTER DELRA Y TOWN CENTER I PF7 LINTON 8 0 U LEV A R 0 CANAL L-36 South Trust ...J p~ Bank - PALM « a:: CaUR T t- BOCARA Y PLAZA. PLAZA r') I , >- w I SOUTI-! COUNTY ! i a:: MENTA.L HEAL TH « CEN TER C -' t- WAL-MART « z ...J SOU TH COUN TY PROF_ r - poe « :::¡¡; u CENTRE CONDO CIRCLE P.B. COUNTY RS/SE COUNTRY LAKE :J: t- ~ 0 (/) N DELRA Y MEDICAL CENTER ANNEXATION - CITY OF OELRAY BEACH Fl WITH INITIAL CITY ZONING DESIGNATION OF CF (COMMUNITY FACILITIES) PLANNING &. ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF LM828 - - ,- -- - -- -~ ,. .~ -- - --- --~ ~<~ -~.~~ .~- --~, ~ ~ ~ > - '^' ,~. 17"'i'}":~: :> -- ,- - -I .~IYIP;REHEN'SJVt:'PLAN ,·AMENDME"T 05·:1 , . -' - . -; ~_. - , '- - > , ;., - - - ~ -~ CITY OF DELRA Y BEACH, FLORIDA , ADOPTION APPENDIX "A" , (Amended Comprehensive Plan pages for the Future Land Use Element) ; ADOPTION APPENDIX IIA" ---~ COMPREHENSIVE PlAN AMENDMENT 05-1 ORDINANCE 31-05 GOAL AREA "B" PROVISION OF SERVICES AND DEVELOPMENT Objective 8-1 Accommodating Needed Facilities Policy B-1.1 [Deleted by Amendment 02-1J Policy 8-1.2 Dedication of Rights-Of-Way and Easements for Facility Needs Objective B-2 Concurrency Policy 8-2.1 Requirement for Provision of Facilities [Revised by Amendment 03-1} Policy 8-2.2 Certification Required Policy 8-2.3 Requirement re "Findings Of Consistency" Policy 8-2.4 Referral of Drainage Plans for Review Policy 8-2.5 Referral of Site Plans & Plats to FOOT for Review Policy 8-2.6 Referral of Site Plans & Plats to County for. Review Objective B-3 Services with the Planning Boundaries [Revised by Amendment 03-1} Policy 8-3.1 Standard for Provision of Services [Revised by Amendment 03-1J Policy B-3.2 Provision of Facilities on Demand [Revised by Amendment 03-1J Policy 8-3.3 Coordination with County re: Land Use Policy 8-3.4 Coordination with County re Land Use Policy 8-3.5 Annexation Program Policy 8-3.6 Support Legislation for Unilateral Annexation GOAL AREA "C" REDEVELOPMENT AND RENEWAL Objective C-1 Blighted Areas Policy C-1.1 Reference to Housing Element Programs Policy C-1.2 Community Redevelopment Agency Policy C-1.3 Industrial Areas along Arterial Streets Policy C-1.4 North Federal Highway Corridor [Revised by Amendment 99-2} [Revised by Amendment 05-01} Policy C-1.5 West Atlantic Redevelopment Area Policy C-1.6 Silver Terrace Area Policy C-1.7 Southwest Area Neighborhood [Added by Amendment04-1} Objective C-2 Redevelopment Areas Policy C-2.1 Development Prior to Creation of Redevelopment Plans [Revised by Amendment 99-11 Policy C-2.2 [Deleted by Amendment 99-1} Policy C-2.3 Wallace Drive Area [Revised by Amendment 04-1} Policy C-2.4 Lindell & Federal Highway Area [Revised by Amendment 00-1J Policy C-2.5 S.W. 4th Ave - Linton Area [RevisedbyAmendment99-2} Policy C-2.6 Area between S.E. 2nd Avenue and S.E. 5th Street [Revised by Amendment 05-01} FL - 19 COMPREHENSIVE PLAN AMENDMENT 05-1 ORDINANCE 31-05 GOAL AREA "c" BLIGHTED AREAS OF THE CITY SHALL BE REDEVELOPED AND RENEWED AND SHALL BE THE MAJOR CONTRIBUTING AREAS TO THE RENAISSANCE OF DELRA Y BEACH. Obiective C-1 Blighted areas, as designated by the City Commission, shall receive special attention and assistance in renewal. This objective shall be implemented through the following policies and activities. Policy C-1.1 Residential areas shall be categorized in terms of their level of need and programs shall be identified to provide assistance. This policy shall be implemented through objectives and policies in the Housing Element, including a commitment to maintain and/or increase Community Qevelopment staff and funding levels to implement the P,r0grams. Policy C-1.2 The City shall work with the Community Redevelopment Agency (CRA) for the improvement of neighborhoods within the CRA boundaries. The City shall take the lead in the preparation of neighborhood plans (as described in the Housing Element) and for redevelopment plans (except as provided for in Objective C-2 of this Element). The unique powers of the CRA shall be used in the implementation of appropriate provisions of such plans. Policy C-1.3 The City shall concentrate efforts in the heavy industrial and undeveloped areas along arterial roadways in order to provide a better image of the community. Such efforts should include: o enhanced and continuous code enforcement, o regulations which require heavy industrial uses to provide perimeter landscaping of their sites, o owners of vacant property shall provide a landscaped appearance of their properties. 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 Fl - 30 COMPREHENSIVE PLAN AMENDMENT 05-1 ORDINANCE 31-05 uses with limited public infrastructure and little or no code enforcement. The Redevelopment Plan encourages the development of light industrial, limited commercial and office uses in an urban setting. The Wallace Drive Industrial Area Redevelopment Plan was adopted by City Commission on January 6, 2004. The Plan establishes proposed land use designations for the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. Aggregation of parcels is encouraged throughout the Redevelopment Area to accommodate unified development. [Revised by Amendment 04-1J POliCY C-2.4 The following pertains to the vicinity of Lindell and Federal Highway: This area extends from the C-15 Canal northward between Federal and Dixie Highways. The area does not include the existing (Honda) automobile dealership but does include the mobile home park north of it. Half of the land is vacant, almost half is underutilized as a substand~rd trailer park, and a few lots have residences upon them. The Lindell/Federal Highway Redevelopment Plan was adopted by the City Commission on April 4, 2000. The plan establishes proposed land use designations for the Redevelopment Area. Future development must be in accordance with the provisions of the redevelopment plan. Aggregation of parcels is encouraged throughout the Redevelopment Area to accommodate a unified development. [Revised by Amendment 00-1J POliCY C-2.5 The following pertains to the area on both sides of S.W. 4th Avenue, north of Linton Boulevard. This area involves warehouses, heavy industrial use, sporadic residential uses, and vacant land. The vacant land was platted as a part of the Woods of Southridge Subdivision. The Southridge/SW 4th Avenue Redevelopment Plan was adopted by City Commission on June 15, 1999. The plan establishes Future Land Use Map designations for the majority of the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. Several parcels along Linton Boulevard are to retain their existing Redevelopment Area #3 Future Land Use designation and R-1 A zoning designation until such time that a development proposal that is consistent with the parameters outlined within the Redevelopment Plan is processed. To the greatest extent possible, these parcels are to be aggregated to accommodate a unified development. [Revised by Amendment 99-2J POliCY C-2.6 The following pertains to the area bounded by S.E. 2nd Street, Federal Highway, S.E. 5th Street, and Swinton Avenue (Osceola Park area): This area has industrial uses with inadequate parking to the west, commercial uses to the east, and a mixed residential area which has turned mainly into renter-occupied units. It is also encompassed by wellfield protection zones. The Osceola Park Redevelopment Plan was adopted by the City Commission on December 6, 2004. The primary focus of this redevelopment plan is to arrest deterioration, provide adequate parking and services for the existing industrial and commercial areas, and accommodate housing which is compatible with the other uses. The Plan establishes proposed Future Land Use Map designations for the Redevelopment Area. Future FL - 33 COMPREHENSIVE PLAN AMENDMENT 05-1 ORDINANCE 31-05 development must be in accordance with the provisions of the Redevelopment Plan. {Revised by Amendment 05-01J Objective C-3 Economic development is an essential component of the redevelopment and renewal efforts which are directed to the future of the City of Delray Beach. Specific efforts for the coordination and provision of economic development activities shall be centered in the City Administration's Development Services Management Group. Those efforts shall be governed by the following policies. Policy C-3.1 The City of Delray Beach hereby acknowledges the role of Culture and the Arts in Economic Development and pledges in pursuit of a theme of this Comprehensive Plan -- A Renaissance Community -- the promotion of the arts and accommodation of cultural activities for economic development ends. Policy C-3.2 The successful development of the Old School Square Project is the cornerstone to the rebirth of the economic vitality of the community. To further accommodate this activity, the City shall evaluate the potential for the acquisition of land in the Old School Square area of the City for the purpose of improving public parking and/or creating a linkage between Old School Square and governmental facilities to the west. Policy C-3.3 Alleys located within the Old School Square Historic District on either side of Swinton Avenue shall remain and be made available for access to abutting properties. Accordingly, these alleys shall not be abandoned to private interests. Policy C-3.4 The City's Coastal Area is one of its most valuable resources in terms of economic attraction, recreation, and natural beauty. While action is appropriate to capitalize upon the economic benefits of this resource, commercialization and promotion shall not occur to such an extent that they diminish this beach resource. Objective C-4 The Central Business District (CBD) represents the essence of what is Delray Beach Le. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies and activities shall be pursued in the achievement of this objective. Policy C-4.1 The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: o deletion of inappropriate uses o incentives for locating retail on the ground floor with office and residential use on upper floors o accommodating parking needs through innovative actions Fl - 34 COMPREHENSIVE PLAN AMENDMENT 05-1 ORDINANCE 31-05 o incentives for dinner theaters, playhouses, and other family oriented activities o allowing and facilitating outdoor cafes o incentives for mixed use development and rehabilitations o elimination of side yard setback requirements o allow structural overhang encroachments into required yard areas Policy C-4.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. [Revised by Amendment 02-1J POliCY C-4.3 The City shall be the lead agency in pursuing the construction and operation of tiered parking structures with mixed uses in the CBD. Locations of parking facilities shall follow the CBD Development Plan required through Policy C-4.2. Policy C-4.4 The City supports the efforts to revitalize the Pineapple Grove Main Street area, and the use of the Main Street approach: organization, promotion, design, and economic restructuring. While the CRA is the lead support agency for the PGMS organization, the City will provide technical support and assistance through the Planning & Zoning and Community Improvement Departments, and interim funding to assist the program in becoming financially self-sufficient Policy C-4.5 The City shall monitor development in the TCEA annually to assess the land use mix. Should monitoring show that the rate of development or land use mix vary significantly from projections, the City shall reanalyze the traffic impacts of the TCEA on the roadway network. The monitoring effort shall include a review of the implementing policies of the TCEA and adjustments to their schedules as necessary based on the actual rate of development. Policy C-4.6 The City shall continue to exempt land uses within the TCEA from traffic concurrency requirements. Policy C-4.7 Developments of Regional Impact (DRI), even when located within the TCEA, shall be subject to the requirements of Chapter 380, F.S. Policy C-4.8 The City will participate, along with the CRA, in funding the development of public/private parking lots in the Pineapple Grove Main Street area. [New Policy per Amendment 01-2J FL - 35 ~--------- COMPREHENSIVE PLAN AMENDMENT 05-1 ORDINANCE 31-05 Obiective C-5 The relationship between coastal area population and measures for evacuation in the event of a hurricane shall be enhanced through the requirement that redevelopment of existing properties in the coastal zone shall be consistent with the Future Land Use Map as opposed to reconstruction to current intensities, except as provided in Coastal Management Policy C-3.5. GOAL AREA "0" THE PUBLIC SCHOOL SYSTEM WHICH SERVES DELRA Y BEACH SHALL BE AN ASSET TO THE COMMUNITY THROUGH CONTRIBUTING TO THE STABILlZA TION OF NEIGHBORHOODS AND ACCOMMODATING THE NEEDS AND DESIRES OF EXISTING AND FUTURE RESIDENTS OF THIS CITY. Obiective 0-1 The City shall strive to maintain a school population that mirrors the diversity of our community. {Revised by Amendment 01-2J Policv 0-1.1 I n order to maintain a racially balanced school as part of an overall program to achieve this objective, the City will work with the School Board to strive toward a desired student population that is comprised of 40% black and 60% other. {Revised by Amendment 01-2J Policv D-1.2 The City shall not participate in new housing projects which would exacerbate the current imbalance of racial mix for each local school until the above Objective is met. {Revised by Amendment 01-2] Policv D-1.3 The City will continue monitoring the Advisory Boundary Committee and participate as necessary in their discussions relating to boundary changes that may effect the diversity and socio-economic balance within our schools. {Revised by Amendment 01-2] Policv 0-1.4 The City supports and will help to facilitate the relocation of Atlantic High School to a more centrally located area within or adjacent to the City. This would enhance the diverse student population and the School District's goals of creating a logical "feeder pattern system" within the City. {Revised by Amendment 01-2] Policv 0-1.5 The City acknowledges the School District's desire to create "neighborhood schools". The application of the "neighborhood schools" philosophy will minimize the busing of Defray Beach students out of Delray Beach and to lessen the number of school attendance districts to which students are assigned. However, the City realizes that this will not be possible until additional capacity is available in the City to accommodate its student population. {Revised by Amendment 01-2] FL - 36 COMPREHENSIVE PLAN AMENDMENT 05-1 ORDINANCE 31-05 Obiective D-2 The role of schools in their neighborhoods shall be enhanced so that the school facilities aid in achieving the goals and objectives of this Comprehensive Plan, particularly those identified in the Housing Element, which are directed toward the stabilization and revitalization of neighborhoods. Policy D-2.1 The City shall make improvements to sidewalks and pathways under its jurisdiction which, without such improvements, would require that the School Board transport students. New developments shall be required to comply with this policy by providing such pathways concurrent with the development. Policy D-2.2 The City supports the use of the Delray Full Service Center as a viable school site and future expansion area for the Village Academy. [Revised by Amendment 01- 2] POliCY D-2.3 If Atlantic High School is relocated, the City will work with the School Board to insure that a new middle school is constructed on the existing Atlantic High School site, which will be an asset to the neighborhood in which it is located. [Revised by Amendment 01-2] Obiective D-3 The City shall cooperate with the School Board to achieve placement of new schools inside of the County's urban services area, to upgrade and enhance existing facilities within the City, as provided for in The School District of Palm Beach County's 5-Year Plan and Capital Budget. [Revised by Amendment 01-2] POliCY D-3.1 The City shall work with the School Board to provide appropriate infrastructure and physical plant improvements pursuant to the adopted Goals and Objectives of the City's Education Board and City Commission. [Revised by Amendment 01- 2] POliCY D-3.2 The policies of this objective shall be coordinated through ongoing communications between the Office of the City Manager and the School District Superintendent. There shall be a mutual obligation to insure that all policies within this goal area are urgently pursued. Policy D-3.3 [Deleted by Amendment 01-2 and renumbered the Policies] POliCY D-3.3 The City shall work with the School Board toward constructing and placing into operation, a new middle school and new high school in or adjacent to the City. [Revised by Amendment 01-2] POliCY D-3.4 Public educational facilities of The School District of Palm Beach County shall be consistent with all land use categories except Conservation. [Revised by Amendment 01-2] FL - 37 COMPREHENSIVE PLAN AMENDMENT 05-1 ORDINANCE 31-05 POliCY D-3.5 The location and construction of new public education facilities and the expansion of existing facilities shall be permitted based upon a finding that the proposal is consistent with applicable goals, objectives, and policies of the Comprehensive Plan, and is compatible with adjacent land uses and development patterns. [Revised by Amendment 01-2] POliCY D-3.6 The City shall encourage the School Board to select elementary and middle school locations that are within a reasonable walking distance from neighborhoods that have substantial numbers of children who will attend the school. The sites should be easily and safely accessible to pedestrians, bicycles, school busses, mass transit, and cars. Whenever possible, access to the site should be from a collector road (City collector or local road for elementary schools), as opposed to an arterial road. [Revised by Amendment 01-2]; [New Policy per Amendment 99-ICEJ POliCY D-3.7 The City shall seek to co-locate public facilities, such as parks, libraries, and community centers, with public educational facilities of The School District of Palm Beach County to the greatest extent possible. [Revised by Amendment 01-2]; [New Policy per Amendment 99-ICEJ Obiective D-4 The City shall work toward the continued improvement of its schools and to promote a positive image of the local public education facilities. Policy D-4.1 The City will continue to lobby the School Board for an equitable amount of funding and resources for schools located within the City. Policy D-4.2 Through its Education Board, the City will work to publicize the improvements that have been made to local schools, and to ensure that the schools and teachers are recognized for their achievements. This will be achieved through the production of informational brochures and the conducting of special programs and activities to promote education and the local schools. Objective D-5, [New Objective per Amendment 01-2J In order to increase student achievement in Delray Beach School's, the City Supports the School Board's adopted "Achievement Matters For All" plan. [New Policy per Amendment 01-2J Policv D-5.1 The City will continue its efforts to help improve student achievement, by working in concert with the School Board to provide programs and resources that are appropriate to the unique demographic profile of each school located within the City and help secure funding as necessary. [NewPolicyperAmendment01-2J Policv D-5.2 The City shall encourage the School District to implement pre- kindergarten programs, including Exceptional Student Education (ESE), in all of our elementary schools and Adult literacy programs in our schools that have a significant population on the free and reduced lunch program. [New Policy per Amendment 01-2J FL - 38 COMPREHENSIVE PLAN AMENDMENT 05-1 ORDINANCE 31-05 Policv D-5.3 The City supports The Village Academy school and will continue to lobby the School Board to ensure its growth to house grades K-12. The City will continue to lend its support to the school by providing technical assistance and by helping to secure funding to maintain the "Beacon School" concept. [New Po/icy per Amendment 01-2] FL - 39 I I ~ CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: MEETING OF JUNE 7. 2005 - FIRST READING AND TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 2005-1 (05-1). J . BACKGROUND I The City Commission initiated Comprehensive Plan Amendment 05-1 on April 5, 2005. It is noted that there have been two changes to the contents of this amendment since its initiation. First, the text amendment to update the Analysis", "Conclusions" and "Needs and Recommendations" sections of the Open Space & Recreation Element has been deleted and will be processed as a part of Amendment 2005-2. Secondly, a text amendment to the Future Land Use Element has been added to correct an error in the language describing the North Federal Highway Corridor. The remaining items in the Plan Amendment consist of three (3) City initiated Future Land Use Map amendments and a text change related to adoption of the Osceola Park Redevelopment Plan. A brief description of each item is listed below and a full analysis is contained in the attached Comprehensive Plan Amendment and support documents. I PLANNING & ZONING BOARD CONSIDERATION I The Planning and Zoning Board held its public hearing regarding the amendment on May 23, 2005. During the Public Hearing, two residents had questions related to the FLUM Amendment for Country Club Acres concerning the schedule for infrastructure improvements in the neighborhood and a request for a public park on a vacant lot in the area. After discussion, the Planning and Zoning Board voted 4-0 (Kincaid, Morris and Zacks absent) to recommend approval of Comprehensive Plan Amendment 05-1 on first reading and transmittal of the amendment to the Florida Department of Community Affairs, I',' .' < RECOMMENDED ACTION I By motion, approve on first reading, Ordinance No. 31-05, adopting Comprehensive Plan Amendment 05-1, based on positive findings that it supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan, and transmit the Amendment, containing the material in the staff report and attachments to the Florida Department of Community Affairs. \\)ß SUMMARY OF ITEMS IN COMPREHENSIVE PLAN AMENDMENT 05-1 1. Text Amendments a. Future Land Use Element - Modification of Policy C-2.6 to reflect adoption of a Redevelopment Plan for Redevelopment Area #5 (Osceola Park), and that future development in this area shall be consistent with the Plan; and b. Future Land Use Element - Modification of Policy C-1.4 to correct the described boundaries of the North Federal Highway Corridor. 2. Future Land Use Map Amendments a. City initiated Future Land Use Map amendments for property within the Osceola Park Redevelopment Area from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) in part, GC (General Commercial) in part, MD (Medium Density Residential 5-12du/ac) in part and LD (Low Density Residential 0-5 du/ac) in part, for properties generally located between SE 2nd Street and SE 5th Street and between SE 5th Avenue and SE 1 st Avenue, comprising 35.6 acres, pursuant to the adopted Osceola Park Redevelopment Plan; b. City initiated Future Land Use Map amendment to assign City Future Land Use Map designations to the recently annexed County Club Acres subdivision, located on the east side of Military Trail, south of West Atlantic Avenue. The current County Land Use Map designation is MR-5 (Medium Residential 0-5 units per acre) and the proposed City designation is LD (Residential Low Density 0-5 du/ac); and c, City initiated Future Land Use Map amendment to assign City Future Land Use Map designations concurrently with the annexation of the Delray Medical Center property, located on the south side of Linton Boulevard, approximately 1,240 feet west of Military Trail. The current County Land Use Map designation is INST (Institutional) and the proposed City designation is CF (Community Facilities). Attachments: . Comprehensive Plan Amendment 05-1 . Ordinance No. 31-05 ORDINANCE NO. 31-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2005-1, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2005-1 " AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2005-1; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on May 23, 2005, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, pursuant to Florida Statutes 163.317 4( 4)( c), the Planning and Zoning Board, sitting as the Local Planning Agency, has detennined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2005-1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2005-1 was submitted to and reviewed by the City Commission; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2005-1 was held by the City Commission on June 7, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2005-1 was found to be in compliance by the Florida Department of Community Affairs and the Department of Community Affairs did not identify any objections; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2005-1 was held on ........, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 3. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2005-1, which is attached hereto as Exhibit to A" and incorporated herein by reference. Section 4. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2005-1. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 2 ORD NO. 31-05 ----- Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That the effective date of this ordinance, with the exception of the Future Land Use Map Amendment for Delray Medical Center, is upon the date a final order is issued by the Department of Community Affairs( DCA) finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. If the amendment is found to be in compliance, the Future Land Use Map amendment for the Delray Medical Center shall become effective on December 31, 2005. PASSED AND ADOPTED in regular session on second and final reading on this the _day of ,2005. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 31-05 H ~ ~_ ,_ _< > ~ ,_" . v . - ,-~ ',' -,- ,. ,,~. -~ ~-< ~ V_, ~ - - --~~, - =- CITY OF DELRA Y BEACH, FLORIDA , ¡ COMPREHENSIVE PLAN , AMENDMENT ; 2005 - 1 Planning & Zoning Board Transmittal Public Hearing May 23, 2005 City Commission Transmittal Public Hearing June 7, 2005 - -- -- ------ ------ .. .. . . I COMPREHENSIVE PLAN AME<NDMENT 05-1 I CITY OF DELRA Y BEACH, FLORIDA - TABLE OF CONTENTS - Paae TEXT CHANGES - (CITY INITIATED) 1 Modification of Policy C-2.6, Future Land Use Element 2 Modification of Policy C-1.4, Future Land Use Element AMENDMENTS TO THE FUTURE LAND USE MAP - (CITY INITIATED) 4 Osceola Park Redevelopment Area 4 County Club Acres 4 Delray Medical Center . . ~",...·;-:t."""'!'~..t"i(o·~"'~".r..."~ ....pr.~..~'t\:...PI1A..,.'R":.__:-"...a......:.":. O;I:".:-"':'~..r'a" ·~.·.·I ':. ':' .I. ~"If "'r ............0:, .'. ,- ...... a.....' _. ..··..:0·1· ..-.. I·· COMPrŒHENSIVE . ';LAN AMENDMEtl'r 05-11 CITY OF DELRAY BEACH, FLORIDA I CITY INITIA TED TEXT CHANGES I FUTURE LAND USE ELEMENT 1) Location: Pg. FL-33, Policy C-2.6 (Osceola Park Redevelopment Plan) Policy C-2.6 The following pertains to the area bounded by S.E. 2nd Street, Federal Highway, S.E. 5th Street, and Swinton Avenue (Osceola Park area): This area has industrial uses with inadequate parking to the west, commercial uses to the east, and a mixed residential area which has turned mainly into renter-occupied units. It is also encompassed by wellfield protection zones. The primary focus of this redevelopment plan shall be to arrest deterioration, provide adequate parking and services for the existing industrial and commercial areas, and accommodate housing which is compatible with the other uses. The issues relating to industrial uses within this area were addressed within the new CDB-RC zoning district, created on May 16, 1995. Therefore, the redevelopment plan for this area will focus on the residential neighborhood. The plan will, at a minimum address the following issues: o Appropriateness of the existing RM zoning district within the area. o Use of traffic-calming measures to reduce speed and volume of traffic on the residential streets within the area. o Potential for creation of a historic district within the area. o Landscape beautification. o Improvement of existing housing stock. This- redevelopment plan shall be prepared in FY 98/99 and shall be adopted through a comprehensive plan amendment. Change: REVISION ( 1 ) Policy C-2.6 The following pertains to the area bounded by S.E. 2nd Street, Federal Highway, S.E. 5th Street, and Swinton Avenue (Osceola Park area): This area has industrial uses with inadequate parking to the west, commercial uses to the east, and a mixed residential area which has turned mainly into renter-occupied units. It is also encompassed by wellfield protection zones. The Osceola Park Redevelopment Plan was adopted by the City Commission on December 6, 2004. The primary focus of this redevelopment plan shall be is to arrest deterioration, provide adequate parking and services for the existing industrial and commercial areas, and accommodate housing which is compatible with the other uses. The Plan establishes proposed Future Land Use Map desiQnations for the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. The issues relating to indtl£trial uses 'Nithin this area were addressed within the new CDB RC zoning district, created on May 16, 1995. Thereforo, the redevelopment plan for this area will focus on the residential neighborhood. The plan will, at a minimum address the following issues: S Appropriateness of the existing RM zoning district within the area. S Use of traffic calming measures to reduce speed and volume of traffic on the residential streets 'Nithin the area. S Potential for creation of a historic district within the area. S Landscape beautification. S Improvement of existing housing stock. This redevelopment plan shall bo prepared in FY 98/99 and shall be adopted through a comprehensive plan amendment. Comment: With the adoption of the Redevelopment Plan, information with respect to what will be included in the Plan can be eliminated. Further, a statement that all future development in the Redevelopment Area is to be consistent with the adopted Plan must be added. 2) Location: Pg. FL-30, Policy C-1.4 (North Federal Highway Corridor) Policy C-1.4 The following pertains to the North F?deral 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, George Bush Boulevard to the south, and the north City limits to the north. ( 2) 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 LOR 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. Change: REVISION 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, George Bush Boulevard 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. Comment: This revision is being made to correct an error. The North Federal Highway Corridor, covered by the North Federal Highway Redevelopment Plan, has a southern boundary of NE 4th Street, not George Bush Boulevard as described in Policy C-1.4. See excerpt from North Federal Highway Redevelopment Plan attached as Support Document #1. (3 ) I AMENDMENTS TO THE FUTURE LAND USE MAP I CITY INITIA TED FUTURE LAND USE MAP AMENDMENTS: · City initiated Future Land Use Map amendments for property within the Osceola Park Redevelopment Area from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) in part, GC (General Commercial) in part, MD (Medium Density Residential 5-12du/ac) in part and LD (Low Density Residential 0-5 du/ac) in part, for properties generally located between SE 2nd Street and SE 5th Street and between SE 5th Avenue and SE 1st Avenue, comprising 35.6 acres, pursuant to the adopted Osceola Park Redevelopment Plan See Support Document #2 - Osceola Park Redevelopment Area (RDA #5)- FLUM Amendment and Rezoning staff report · City initiated Future Land Use Map amendment to assign City Future Land Use Map designations to the recently annexed County Club Acres subdivision, located on the east side of Military Trail, south of West Atlantic Avenue. The current County Land Use Map designation is MR-5 (Medium Residential 0-5 units per acre) and the proposed City designation is LD (Residential Low Density 0-5 du/ac) See Support Document #3 - Country Club Acres - FLUM Amendment and Rezoning staff report · City initiated Future Land Use Map amendment to assign City Future Land Use Map designations concurrently with the annexation of the Delray Medical Center property, located on the south side of Linton Boulevard, approximately 1,240 feet west of Military Trail. The current County Land Use Map designation is INST (Institutional) and the proposed City designation is CF (Community Facilities). See Support Document #4 - Delray Medical Center - FLUM Amendment and Rezoning staff report s:\planning & zoning\longrange\comp\amend 05-1 \transmittal\05-1 maindoc city conunission xmit.doc (4 ) I COMPREHENSIVE PLAN AMENDMENT 05-1 I CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #1 Excerpt Pages from the North Federal Highway Redevelopment Plan SD#1 INTRODUCTION PAGE 1 THE STUDY AREA The City of Delray Beach "North Federal Highway Corridor," (shown graphically on Figure 1, page 2), is defined as the area of the City bordered by the F.E.C. Railroad on the west; the Community Redevelopment Area (CRA) boundary on the east; NE 4th Street on the south and the city limits to the north. HISTORY OF THE NORTH FEDERAL HIGHWAY CORRIDOR The North Federal Highway area was historically platted in three distinct phases. The section between NE 4th Street and George Bush Boulevard was subdivided by several plats recorded in 1913. The area just north of George Bush Boulevard (Sofia Frey subdivision) and the Lake Avenues (La Hacienda) were platted in 1926. The Bond Way area (Kenmont) and areas north of La Hacienda were platted between1946 and1950. Early development in the area consisted of a mix of single family homes and commercial uses which were highly dependent on the tourist trade. These uses, including trailer parks, auto repair, filling stations, and small motels continued to thrive during this period, since Federal Highway was the principal route for travelers to reach South Florida. Completion of the Florida Turnpike and 1-95 reduced the importance of Federal Highway as a route for tourists bound for South Florida. The opening of Walt Disney World in 1971 also contributed to the decline of the corridor, as many tourists began stopping in the Orlando area rather than continuing to South Florida. These changes in the Florida tourist industry combined to marginalize the Federal Highway corridor as a tourist destination. Inevitably, the loss of a customer base led many businesses to become obsolete and disappear. Economic activity and property values continued to decline throughout most of the 1980s. At the same time, many commercial structures and residences in the area were falling into disrepair due to age and neglect. As businesses left the area, they were often replaced by marginal uses located in poorly maintained buildings with inadequate parking and landscaping. While the physical appearance of these uses contributed to the negative image of the area, several locations created more serious problems for the stability of the neighborhood. Declining motels, trailer parks, and an adult book store became attractors for criminal activities, such as drug sales and prostitution. The presence of these activities inhibited investment in the area and deepened the decline. The City has taken steps in recent years to help stabilize the area. It purchased the Adult Book Store property and resold it to a farm equipment dealer. The Delray Beach Police Department began working with neighborhood_ groups to help reduce problems with drugs and prostitution in the area. Following the enclave annexations, City water and sewer services were extended to most properties. In 1995, the last County "pockets" along the North Federal Highway corridor were annexed into the City. INTRODUCTION PAGE 2 R ,.,.,.,-,. -- - J;.._=_~,_,_,_,_,_,_,_,_._,_._,_,_,_._. ----.¡ }:: ~,\ =- II {~~ -V ~\ "~ = "fÞ,' '- -u C=::I,Ø'þ i ~ · '-- - ~ J ....,::u-, r.::::::;::::. : { i i : ~ , ..' _.......- ........ .-- J l' : U ~fJr J,~ I ~~ ~ ~U'CT - = ~ ,",-,_.- .---'-', ~ ..-, ___ -, ì aaørMY I ~ -- ';;;; I~ I III I ~ ¡ : ;I ,... 11 TI 111 I · j 11 - I , ; J II I, I ><SA -.cr . ; ~~ ì ì ~, T .' ,~ ¡ ciV -- , I- I I /1m ~ , j '-- J:tti fjf ~ ' j ~- .~, ! ~ ' J I ! ~_~ Î"/ (1 II r ..J ¡ ~'~/-; - ¡ :l-fH , ., I _ - . I /1 i/l 11= I i fi' I ' E tJ ¡ ~--'-'--'-'----õ II I ~ .. ..,-,-,-,_._._,_._, ~ j I f1~ __r__ j ~ i :- J! . ~ ......"'£.. ...&-'" ! ~ñ MIlt -'\ ¡ ~ . -- - ' ;:: = ~........ r----- "=" ¡ ~ t· -- I--~ -m..... , u ~ ~J nr ¡w' i!J - -..... i I I lI" VI ~ I IOOCT! '~ ' J I ~ J -- RJ- n I-~ I lð ~ ' ~ 1,= ~ i f- - U I=' h I .... 4 , I d II III j I iii I "-----"- I Ii N FIGURE 1 GRAPHIC SCALE 250' 0 1000' - NORTH FEDERAL HIGHWAY ~ , I STUDY AREA 125 500' PLANNING DEPARTMENT CITY Of' DELRAY BEACH, FL CITY LIMITS _1_1.1.1.1- REDEVELOPMENT AREA _ - -- DIGITAL BASE WlP SYSTEM -- -- I COMPREHENSIVE PLAN AMENDMENT 05-1 :1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #2 Osceola Park Redevelopment Area (RDA #5) FLUM Amendment & Rezoning Staff Report SDO t CITY COMMISSION DOCUMENTATION I TO: DAVP ti:Z THRU: HUG, OROF LANNING AND ZONING FROM: o HO GARD, SUBJECT: MEETING OF JUNE 7, 2005 CITY INITIATED FUTURE LAND USE MAP (FLUM) AMENDMENT FOR THE OSCEOLA PARK REDEVELOPMENT AREA FROM RDA-5 (REDEVELOPMENT AREA #5) TO CC (COMMERCIAL CORE) IN PART. GC (GENERAL COMMERCIAL) IN PART. MD (MEDIUM DENSITY RESIDENTIAL 5-12DUlAC) IN PART AND LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC) IN PART. ~ , BACKGROUND t The Osceola Park Redevelopment Area is designated as Redevelopment Area #5. It is bordered by SE 2nd Street on the north; SE 5th Street on the south; SE 5th Avenue on the east; and SE 1st Avenue on the west. The redevelopment area encompasses a total of 35.6 acres. Most of the area is located east of the FEC Railroad which bisects the area, running diagonally from northeast to southwest. The proposed Future Land Use Map amendment is required to implement the Redevelopment Plan for the area which was adopted by the City Commission on December 6, 2004. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The Future Land Use Map amendment is accompanied by a City initiated rezoning from RM (Multiple Family Residential - Medium Density) to R-1-A (Single Family Residential), for a 5.9 acre portion of the redevelopment area which has also been scheduled for this City Commission meeting. Additional background and an analysis of the FLUM amendment and rezoning are provided in the Planning and Zoning Board staff report attached as Support Document #2 in Comprehensive Plan Amendment 2005-1. ~ PLANNING AND ZONING BOARD CONSIDERATION I At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and Rezoning request. While no members of the public spoke on the item, a letter from the Homeowners Association has been received in support of the proposal. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Kincaid, Morris and Zacks absent) to recommend approval of the FLUM Amendment and Rezoning request by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof are consistent with the Comprehensive Plan and meet criteria set forth in Section 2.4.5(D)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. I RECOMMENDED ACTION I By motion, approve the Future Land Use Map amendment, associated with Comprehensive Plan Amendment 2005-01, from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) in part, GC (General Commercial) in part, MD (Medium Density Residential 5-12 du/ac) in part and LD (Low Density Residential 0-5 du/ac) in part, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 3.1.1 (Required Findings) of the Land Development Regulations. s:\planning & zoning\boards\city commission\osceola park redevelopment area flum.doc PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- MEETING DATE: May 23, 2005 AGENDA ITEM: IV. G. 2. (1) ITEM: Transmittal Hearing for Comprehensive Plan Amendment 2005-1 - FLUM Amendments and Rezonings Associated with the Osceola Park Redevelopment Plan (Redevelopment Area #5). GENERAL DATA: Applicant..... ... .'. " ... ... .... .... City Initiated Location................................ Located between SE 2nd Street and SE 5th Street and between ·1 SE 1st Avenue and SE 5th d I Avenue (Federal Highway SB) .1 I Property Size......................... 35.6 Acres ! : Current FLUM Designation.... RDA-5 (Redevelopment Area #5) , , Proposed FLUM................. General Commercial (GC) Current Zoning................... CBD (Central Business District), CBD-RC (Central Business District - Rail Corridor), GC ( General Commercial), R-1-A (Single Family Residential) & RM (Multiple Family Residential - Medium Density) Proposed Zoning................ CBD (Central Business District), CBD-RC (Central Business District - Rail Corridor), GC ( General Commercial), R-1-A (Single Family Residential) & RM (Multiple Family Residential - Medium Density) Adjacent Zoning..... North: CBD (Central Business District) & CBD-RC (Central Business District - Rail Corridor) South: R-1-A (Single Family Residential) & RM (Multiple Family Residential - Medium Density) East: CBD (Central Business District) & GC (General Commercial) West: RM (Multiple Family Residential- Medium Density) Existing Land Use................. Commercial, Light Industrial, Residential, & Undeveloped Water Service....................... Available to all properties. Sewer Service....................... Available to all properties. IV. G. 2. (1) The action before the Board is that of making a recommendation to the City Commission on City initiated Future Land Use Map amendments, and rezonings associated with the Osceola Park Redevelopment Plan (See attached Maps and Legal Descriptions in Appendix A). The Future Land Use Map Amendments involve the entire Redevelopment Area, totaling approximately 35.6 acres, not including road rights-of-way. The proposed FLUM designations are as follows: o Area 1: FLUM amendment from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) - Includes properties along the FEC rail corridor, between SE 2nd and SE 6th Streets on the west and between SE 2nd and SE 5th Streets on the east, containing approximately 11.11 acres. o Area 2: FLUM amendment from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) - Includes properties along the Federal Highway corridor, between SE 2nd Street and SE 3rd Street, containing approximately 1.8 acres. o Area 3: FLUM amendment from RDA-5 (Redevelopment Area #5) to GC (General Commercial) - Includes properties along the Federal Highway corridor, between SE 4th and SE 5th Streets, containing approximately 0.85 acres. o Area 4: FLUM amendment from RDA-5 (Redevelopment Area #5) to MD (Residential Medium Density 5-12 du/acre) - Includes properties located on the east side of SE 1 st Avenue, between SE 2nd and SE 3rd Streets, containing approximately 1.41 acres. o -Area 5: FLUM amendment from RDA-5 (Redevelopment Area #5) to MD (Residential Medium Density 5-12 du/acre) - Includes properties on the west side of the FEC rail corridor, between SE 6th and SE 7th Streets containing approximately 0.39 acres. o Area 6: FLUM amendment from RDA-5 (Redevelopment Area #5) to MD (Residential Medium Density 5-12 du/acre) - Includes properties fronting on SE 2nd Street, between SE 3rd Avenue and the Federal Highway frontage properties, containing approximately 1.12 acres. o Area 7: FLUM amendment from RDA-5 (Redevelopment Area #5) to LD (Residential Low Density 0-5 du/ac) - Iflcludes the remaining properties between SE 2nd Street and SE 5th Street, between the Federal Highway commercial frontage and the commercial/industrial rail corridor, containing approximately 18.9 acres. The proposed rezonings within the Redevelopment Area are as follows: Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 2 o Area 8: Rezoning from RM (Multiple Family Residential - Medium Density) to R-1- A (Single Family Residential) - 33 parcels (by ownership), located south of the frontage properties on SE 2nd Street to SE 3rd Street, between the Federal Highway commercial frontage and the commercial/industrial rail corridor, containing approximately 5.9 acres. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. .,' 'v e·,' ~ ~ :.'Ijo¡¡ '''f~'' .p' K"~i"'R' ·-If······,-~.....~~..~:,. ,,- .. , ~~_-.!rJ;:\-i.1. ~-f-L~~*ll-:.ii:~--'--~~~.;:.... ~C G :0;· ND" ~...~I\,.:"... . ~~-fl'..:",';r.:.?~. . ,; . ., --:.. .... _.. .... _ . ~ . .... ...~ . I· r ... ·.·~u, a~ The Future Land Use Element,of the City's Comprehensive Plan identifies several older areas of the City that, due to substandard infrastructure, obsolete or inappropriate uses of land, vacant and dilapidated structures, and other similarly blighting conditions, are in need of special attention in the form of a "Redevelopment Plan." The purpose of a Redevelopment Plan is to identify the specific deficiencies and assets of a designated area, evaluate existing and potential uses, and identify specific measures for arresting decline, facilitating new development, and enhancing the quality of life for residents of the area. These areas are depicted on the Future Land Use Map as Redevelopment Areas #1 through #6. The "Redevelopment Area" designation acts as a holding zone for each site, until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. A portion of Osceola Park is designated as Redevelopment Area #5. The following language, excerpted from Future Land Use Element Policy C-2.6 in the City's Comprehensive Plan, gives a description of the program for this area: Policv C-2.6 The following pertains to the area bounded by S.E. 2nd Street, Federal Highway, S.E. 5th Street, and Swinton Avenue (Osceola Park area): This area has industrial uses with inadequate parking to the west, commercial uses to the east, and a mixed residential area which has turned mainly into renter-occupied units. It is also encompassed by wellfield protection zones. The primary focus of this redevelopment plan shall be to arrest deterioration, provide adequate parking and services for the existing industrial and commercial areas, and accommodate housing which is compatible with the other uses. The issues relating to industrial uses within this area were addressed within the new CDB-RC zoning district, created on May 16, 1995. Therefore, the redevelopment plan for this area will focus on the residential neighborhood. The plan will, at a minimum address the following issues: . Appropriateness of the existing RM zoning district within the area. Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 3 · Use of traffic-calming measures to reduce speed and volume of traffic on the residential streets within the area. · Potential for creation of a historic district within the area. · Landscape beautification · Improvement of existing housing stock. This redevelopment plan shall be prepared in FY 98/99 and shall be adopted through a comprehensive plan amendment. The overall purpose of the Redevelopment Plan, adopted by the City Commission on December 6, 2004, is to capitalize on the strengths of the area and provide methods to deal with the weaknesses. The Plan provides the framework for the revitalization of the entire neighborhood, This equates to the three main components: · Elimination of the problems associated with small lot duplex and multi-family development intermixed with single-family development; · Reduction of the negative impacts associated with through and non-residential vehicular on local residential streets; and · Improvement of the physical appearance of the neighborhood through enhanced police activity, code enforcement and beautification. Implementation of the Plan, requires the City to initiate changes to the Future Land Use Map to eliminate the RDA-5 (Redevelopment Area # 5) designation and to assign new Future Land Use Map and corresponding Zoning designations. The recommended designations are discussed below. This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). Land Use Analysis: Pursuant to Land Development Regulation Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. - The underlying Future Land Use Map designation for the subject property is Redevelopment Area #5 and the proposed designations are CC (Commercial Core), GC (General Commercial), MD (Residential Medium Density 5-12 du/acre) and LD (Residential Low Density 0-5 du/ac). The Redevelopment Plan identifies development scenarios and criteria for development to occur within the area. The proposed zoning designations of CBD (Central Business District), CBD-RC (Central Business District - Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 4 Rail Corridor, GC (General Commercial), RM (Residential Multiple Family - Medium Density) and R-1-A (Single Family Residential) will be consistent with the proposed Future Land Use Map designations. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: o Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability' ·of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The basis for the FLUM change is that the existing FLUM designation of RDA-5 is no longer appropriate, given that a Redevelopment Plan for the area has been prepared. The data and analysis supporting the new FLUM designations and demonstrated need are contained within the plan, which was adopted by the city Commission on December 6, 2004, o Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Redevelopment Areas, as identified on the City's Future Land Use Map, are described within the F utu re Land Use Element. The Redevelopment Area designation acts as a holding zone until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. The plan prepared for Redevelopment Area #5 recommends that underlying Future Land Use designations of CC (Commercial Core), GC (General Commercial), MD (Residential Medium Density 5-12 du/acre) and LD (Residential Low Density 0-5 du/ac) be applied to the area. The majority of these designations are consistent with the existing zoning. The remaining area is being rezoned from RM to R-1-A to prohibit additional multiple family development in a predominantly single family area. As part of Comprehensive Plan Amendment 2005-1, changes are also being made to Future Land Use Element Policy C-2.6 to acknowledge the adoption of the Plan, and to require that all future development be in compliance with the adopted plan. Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 5 The proposed FLUM designations will be consistent with the goals, objectives and policies of the Comprehensive Plan once the associated amendment to the Comprehensive Plan is adopted. o Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In comparing the existing Future Land Use Map designation of RDA-5 and the proposed Future Land Use Map designations with respect to concurrency, the following is noted - Currently, development within the area can proceed without the implementation of a redevelopment plan on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request (Future Land Use Element, Policy C-2.1). The proposed FLUM designations for 83% of the area (29.7 acres) is being applied consistent with the existing zoning. Therefore, the maximum potential development intensity for this portion of the redevelopment area will be the same under the proposed FLUM designations as under the current RDA-5 designation. With regard to the remaining 17% of the redevelopment area (5.9 acres). the maximum potential development intensity will decrease from 12 du/ac (70 total units) under the existing RDA-5 designation to 6 du/ac (35 total units) under the proposed LD (Residential Low Density 0-5 du/ac) FLUM designation. City facilities such as water, sewer, and drainage have sufficient capacity to handle development of this area at the potential development intensity allowed under the proposed FLUM designations. Similarly, solid waste can be accommodated by existing County facilities and since the area is changing to land use designations of the same or lower development potential, traffic is not an issue. The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that individual projects may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each residential unit. School concurrency will be addressed with future proposals for residential development; however no problems are anticipated. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. o Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The proposal does not expand commercial or multiple-family residential boundaries from those that currently exist. As previously stated, the FLUM amendments for the affected properties involve the change to other designations with the same or lower development potential. The majority of these designations are consistent with the existing zoning. The remaining area is being changed to the LD (Low Density Residential - 0-5 du/ac) FLUM category and rezoned to single family to prohibit the Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 6 redevelopment of existing single family homes to additional multiple family development in a predominantly single family area. Based upon the above, the proposed FLUM amendments are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. o Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation shall comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use ör site plan request as applicable. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report, Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonina Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 7 proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. A description of the area to be rezoned is as follows: . Rezoning of 33 parcels (by ownership) from RM (Multiple Family Residential - Medium Density) to R-1-A (Single Family Residential) for properties generally located south of the frontage properties on SE 2nd Street to SE 3rd Street, between the Federal Highway commercial frontage and the commercial/industrial rail corridor, containing approximately 5.9 acres. As previously stated, the FLUM designation and zoning classification for these properties are being amended pursuant to the adopted Osceola Park Redevelopment Plan. This area is being changed to the LD (Low Density Residential - 0-5 du/ac) FLUM category and rezoned to R-1-A (Single Family Residential) to prohibit the redevelopment of existing single family homes to additional multiple family development in a predominantly single family area. As discussed under Future Land Use Element Policy A-1.7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Section 2.4.5(D)(5) (Rezonina Findinas): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "C":, based on the following: The proposed rezoning is required to implement the provisions of the Osceola Park Redevelopment Plan. This area is being changed to t~e LD (Low Density Residential - 0-5 du/ac) FLUM category and rezoned to R-1-A (Single Family Residential) to prohibit the redevelopment of existing single family homes to additional multiple family development in a predominantly single family area. The existing development pattern on the subject properties is predominantly single family, with 24 single family homes, 5 duplexes and 2 multi-family buildings. Additionally, the area is part of the much larger Osceola Park single family neighborhood which extends southward to SE 10111 Street. Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 8 Given these conditions, the proposed R-1-A zoning is more appropriate than the existing RM designation. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. As stated earlier, 83% percent of the land area within the Redevelopment Area will retain its existing zoning designation, so the current action will not have an impact on those properties' ability to comply with the Land Development Regulations. The remaining 17% is being rezoned to prohibit the redevelop~ent of existing single family homes to additional multiple family development in a predominantly single family area. No formal land development applications have been received for the subject properties. Any proposed development or redevelopment within this area will be subject to the provisions of the new zoning district. Although several existing duplex and multi-family developments within this area will become nonconforming uses, there are provisions for regular maintenance of these structures under the existing regulations. The Redevelopment Plan also calls for the Community Redevelopment Agency's duplex conversion program to be promoted within this area. It is anticipated that the duplexes within this area, as well as in the area to the south (where duplexes are already nonconforming) will ultimately be converted to single family homes. ~,..>- ~~.f.""'''' ;'-. \;~I '. ·R·S 31···~· r· .ø:~.:¡.t ~::. .. . . _~ . . ~ 'Iõ.... .' . . .~. ~. .... .; ~ Community Redevelopment Aaency: The CRA Board reviewed the proposal at its meeting of May 12, 2005 and recommended approval of the FLUM amendments and rezonings. Courtesy Notices: Courtesy notices have been provided to the following civic and homeowner's associations, which have requested notice of developments in their areas: · President's Council · Progressive Residents of Delray (PROD) · Osceola Park HOA Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 9 ~~"'~~~.~'"...~":~.." .. I -I'... .. .. "".... . ....... ". .. . . ". . ... . The existing RDA-5 (Redevelopment Area #5) FLUM designation was applied to the subject properties to act as a holding zone until a redevelopment plan for the area could be prepared. The plan prepared for Redevelopment Area #5 recommends that underlying Future Land Use designations of CC (Commercial Core), GC (General Commercial), MD (Residential Medium Density 5-12 du/acre) and LD (Residential Low Density 0-5 du/ac) be applied to the area. The majority of these designations are consistent with the existing zoning. The remaining area is being rezoned to prohibit additional multiple family development in a predominantly single family area. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1,1 (Required Findings ), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. ~.It-~,"..:tr-·~~..··"'è" .__<t." ..' " ...... ~~~ . _. -'. ,.'..I....._.~;.,. ,. .:1':, ,'. :x:: ·1'·' .. "'ïT:I.'":N-S·;fy·:."'· ..'.. '.' .;......"iI!I!' A. Continue with direction. B, Recommend to the City Commission approval of Future Land Use Map Amendment from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) in part, GC (General Commercial) in part, MD (Medium Density Residential 5- 12du/ac) in part and LD (Low Density Residential 0-5 du/ac) in part, as specified in Appendix A, for properties generally located between SE 2nd Street and SE 5th Street and between SE 5th Avenue and SE 1 st Avenue, comprising 35.6 acres within the Osceola Redevelopment Area, and Rezoning from RM (Medium Density Residential) to R-1-A (Single Family Residential), as specified in Appendix A, for a 5,9 acre portion of the Osceola Park Redevelopment Area, generally located between SE 2nd Street and SE 3rd Street and between SE 2nd Avenue and SE 5th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof are consistent with the Comprehensive Plan and meet criteria set forth in Section 2.4.5(D)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. C. Recommend denial of Future Land Use Map Amendment from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) in part, GC (General Commercial) in part, MD (Medium Density Residential 5-12du/ac) in part and LD (Low Density Residential 0-5 du/ac) in part, as specified in Appendix A, for properties generally located between SE 2nd Street and SE 5th Street and between SE 5th Avenue and SE 1st Avenue, comprising 35.6 acres within the Osceola Redevelopment Area, and Rezoning from RM (Medium Density Residential) to R-1-A (Single Family Residential), as specified in Appendix A, for a 5.9 acre portion of the Osceola Park Redevelopment Area, generally located between SE 2nd Street and SE 3rd Street and between SE 2nd Avenue and SE 5th Avenue, by finding that the requests and approval thereof are inconsistent with the Comprehensive Plan and do not meet criteria set forth in Section Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 10 2.4.5(D)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. ~rf'8'J!'J.~ff;; :(I.'.~~:~~ . . .."""" . _ .. _.. . .. #'" . -.' 10 .. . .... Recommend to the City Commission approval of Future Land Use Map Amendment from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) in part, GC (General Commercial) in part, MD (Medium Density Residential 5-12du/ac) in part and LD (Low Density Residential 0-5 du/ac) in part, as specified in Appendix A, for properties generally located between SE 2nd Street and SE 5th Street and between SE 5th Avenue and SE 1 st Avenue, comprising 35.6 acres within the Osceola Redevelopment Area, and Rezoning from RM (Medium Density Residential) to R-1-A (Single Family Residential), as specified in Appendix A, for a 5.9 acre portion of the Osceola Park Redevelopment Area, generally located between SE 2nd Street and SE 3rd Street and between SE 2nd Avenue and SE 5th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof are consistent with the Comprehensive Plan and meet criteria set forth in Section 2.4.5(D)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. Attachments: a Proposed Future Land Use Map a Proposed Zoning Map a Appendix A - Legal Descriptions prepared by: Ron HOQQard, Senior Planner Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 11 ;:!I!~~~ð;'.'~ .. ... .... ,. ~. ., ..- > - - ...-~-. .- ".....:r. .-. ... -'." ._ .. -.- . .... . .,. ....- ... . . Future Land Use Map Amendments A change in the Future Land Use Map designation FROM RDA-5 (Redevelopment Area #5) TO CC (Commercial Core) for the following specific parcels: Lots 1-5, inclusive and Lots 15-23, inclusive, Block 79, Subdivision of Block 79 in Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 10, Page 1, of the Public Records of Palm Beach County, Florida; Together With; The Part of Block 80 Lying East of FEC Railroad (Less East 25 ft and North 25 ft Road r/ws), Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together With; Lots 1-14, inclusive, Block 87 and Lots 1-12, inclusive, Block 88, Linn's Addition to Osceola Park, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 133, of the Public Records of Palm Beach County, Florida; Together With; Lots 1-12, inclusive, Block 80, Subdivision of Block 72 and the West Portion of Block 80, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 10, Page 57, of the Public Records of Palm Beach County, Florida; Together With; Lot 5, Anderson Block, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 22, Page 45, of the Public Records of Palm Beach County, Florida; Together With; Lot 1 Lying West of FEC Railroad and East of SE 1st Avenue (Less North 25 ft Road r/w) , Model Land Company's Subdivision of West Half of Section 21, Township 46S, Range 43E as per the Plat thereof recorded in Plat Book 1, Page 128, of the Public Records of Palm Beach County, Florida; Together With; Lot 1 & Lots 3-11, inclusive (Less East 5 ft Road r/w), Lot 2 and Lot 12, Block 103, Roebuck's Resubdivision of Block 103 Delray, a Subdivision in Palm Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 12 Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 19, of the Public Records of Palm Beach County, Florida; A change in the Future Land Use Map designation FROM RDA-5 (Redevelopment Area #5) TO GC (General Commercial) for the following specific parcels: Lots 1-5, inclusive (Less East 5 ft Road r/w), Block 2, Osceola Park, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 3, Page 2, of the Public Records of Palm Beach County, Florida; A change in the Future Land Use Map designation FROM RDA-5 (Redevelopment Area #5) TO MD (Residential Medium Density 5-12 du/acre) for the following specific parcels: Lots 6-14, inclusive, Block 79, Subdivision of Block 79 in Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 10, Page 1, of the Public Records of Palm Beach County, Florida; Lots 8-17, inclusive, the North 17 ft of Tract A, and Tract B (Less South 5 ft of West 25.62 ft), Swinton Place, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 88, Page 151, of the Public Records of Palm Beach County, Florida; Together With; South 1/2 of Lot 2 Lying West of FEC Railroad (Less PB88PG151), Model Land Company's Subdivision of West Half of Section 21, Township 46S, Range 43E as per the Plat thereof recorded in Plat Book 1, Page 128, of the Public Records of Palm Beach County, Florida; Together With; Lots 23 & 24, Block 103, Roebuck's Resubdivision of Block 103 Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 19, of the Public Records of Palm Beach County, Florida; Together With; Lots 1-3, inclusive and Lots 13 & 14, Block 95, Linn's Addition to Osceola Park, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 133, of the Public Records of Palm Beach County, Florida; Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 13 A change in the Future Land Use Map designation FROM RDA-5 (Redevelopment Area #5) TO LD (Residential Low Density 0-5 du/ac) for the following specific parcels: Lots 13-22, inclusive, Block 103, Roebuck's Resubdivision of Block 103 Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 19, of the Public Records of Palm Beach County, Florida; Together With; Lots 15-24, inclusive, Block 87, Lots 13-24, inclusive, Block 88, Lots 4-12, inclusive, & Lots 15-24, inclusive, Block 95, and Lots 1-24, inclusive, Block 96, Linn's Addition to Osceola Park, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 133, of the Public Records of Palm Beach County, Florida; Together With; Lots 13-24, inclusive, Block 104, Lots 6-10 inclusive, Block 2, Lots 1-12, inclusive, Block 4, and Lots 1-9, inclusive, Block 6, Osceola Park, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 3, Page 2, of the Public Records of Palm Beach County, Florida; Together With; South 168.5 ft of North 193,5 ft of Lot 1 Lying East of FEC Railroad and West of SE 3rd Avenue, Model Land Company's Subdivision of West Half of Section 21, Township 46S, Range 43E as per the Plat thereof recorded in Plat Book 1, Page 128, of the Public Records of Palm Beach County, Florida Rezoninas A change in the zoning designation FROM RM (Multiple Family Residential - Medium Density) TO R-1-A (Single Family Residential) for the following specific parcels: Lots 13-22, inclusive, Block 103, Roebuck's Resubdivision of Block 103 Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 19, of the Public Records of Palm Beach County, Florida; 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CITY OF DELRA Y BEACH, FLORIDA - SUPPORT DOCUMENT #3 Country Club Acres FLUM Amendment and Rezoning Staff Report - 8D#3 I CITY COMMISSION DOCUMENTATION I TO: DAV~ HARD , ~G' THRU: TOR OF PLANNING AND ZONING ~ FROM: o G NIOR PLANNER SUBJECT: MEETING OF JUNE 7, 2005 CITY INITIATED FUTURE LAND USE MAP AMENDMENT FROM COUNTY MR-5 (MEDIUM RESIDENTIAL 0-5 DUlAC) TO CITY LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC) FOR COUNTRY CLUB ACRES. LOCATED ON THE EAST SIDE OF MILITARY TRAIL. SOUTH OF ATLANTIC AVENUE. I BACKGROUND I The subject property, known as the Country Club Acres subdivision, consists of 18.16 acres of land located along Jefferson Road, Whatley Road and Lincoln Road. It contains ninety-five (95) individual parcels with eighty-one (81) single family residential homes and fourteen (14) vacant residential parcels. The parcels can be accessed to the north from West Atlantic Avenue via Whatley Road and to the west from Military Trail via Jefferson and Lincoln Roads. On April 19, 2005, the City Commission approved on second reading, the voluntary annexation of forty six (46) of the (95) parcels located within the subdivision. During the same meeting the City Commission also approved the annexation for the balance of the Country Club Acres subdivision (49 parcels contained within seven enclaves and the local right of ways) via interlocal agreement. The Interlocal Agreement was approved by the County Commission on May 3rd, 2005. This Future Land Use Map amendment is accompanied by a City initiated rezoning from County AR (Agricultural Residential to City R-1-A (Single Family Residential), which has also been scheduled for this City Commission meeting. Additional background and an analysis of the FLUM amendment and rezoning are provided in the Planning and Zoning Board staff report attached as Support Document #3 in Comprehensive Plan Amendment 2005-1. I PLANNING AND ZONING BOARD CONSIDERATION I At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and Rezoning request. During the Public Hearing, two residents had questions concerning the schedule for infrastructure improvements in the neighborhood and a request for a public park on a vacant lot in the area. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Kincaid, Morris and Zacks absent) to recommend approval of the FLUM Amendment and Rezoning request by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof are consistent with the Comprehensive Plan and meet criteria set forth in Section 2.4.5(D)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. I RECOMMENDED ACTION I By motion, approve the Future Land Use Map amendment, associated with Comprehensive Plan Amendment 2005-01, from County MR-5 (Medium Density Residential 0-5 du/ac) to City LD (Low Density Residential 0-5 du/ac) for Country Club Acres, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 3.1.1 (Required Findings) of the Land Development Regulations. PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- MEETING May 23, 2005 DATE: AGENDA ITEM: IV.G.2.2 ITEM: Future Land Use Map (FLUM) Amendment from MR-5 (Medium Density Residential 5 du/ac on the Palm Beach County Comprehensive Plan) to LD (Low Density Residential 0-5 du/ac) and Rezoning from AR (Agricultural Residential) to R-1-A (Single Family Residential 0-5 du/ac) for an 18.16 acres property located on the east side of Military Trail just 160' south of West Atlantic Avenue. GENERAL DATA: [E] Applicant........:............... . City of Delray Beach DELRA Y SQUARE Agent... ....................... ............ .... City of Delray Beach PLAZA Location..................................... . East side of Military Trail, - OL? approximately 160 ft. south of West Atlantic Avenue. mD~ Property Size. ..... ... ...... ...... ... ...... 18.16 Acres Existing County Future land Use Map Designation ........................ ...... MR-5 (Medium Residential ¡ 0-5 du/ac) I ","'''",ON "''' ~ ' Proposed City Future Land Use Map LD MUTUAL UNION ð \ Designation.................. ..... ..... .... o WEST . Existing County Zoning............... AR (Agricultural Residential) Proposed City Zoning................. R-1-A (Single Family Residential) ...J :;¡: Adjacent Zoning................North: City PC (Planned ~ DELRA Y WEST Commercial) and GC PLAZA (General Commercial) East: City RM-8 (Residential ; - i . .. Medium Density 8 dulac) ! . .... ,. . . .. .. South: City R-1-A (Single Family . -. .! = I ....--. ....... ...s.. Residential) and OSR . . . . . .. ...... (Open Space Recreational) , . .1_.1. , ~ . .... ; .",.- .... . . - . . West: RM-9 (Residential Medium i , . . I ~.. · r :_J-.l!. .. · " Density 9 du/ac) MI" .;.. · I - Existing Land Use...................... Single Family Homes and -.- . . . - . · I Vacant Land. . I . Proposed Land Use.................... Single Family Homes ! ...:. ....... .. . .. . .-. ... . . . ... ANA. ¡ Water Service....... ............ .......... Water service will be , available via connection to a , 8ft water main that will be located along Whatley Road Jefferson Road and Un coin Road. . Sewer Service............. .... ............ Sewer service will be available via a 4ft force main that will be located along Whatley Road Jefferson Road and Lincoln Road. IV.G.2.2. f''''P' . ITEM BEFORE THE BOARD I ' 7- ,,,>. The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from MR-5 (Medium Density Residential - 5 units/acre on the Palm Beach County Comprehensive Plan) to LD (Low Density Residential 0-5 units/ac) and rezoning from AR (Agricultural Residential) to R-1-A (Single Family Residential) for 18.16 acres of land which includes (95) parcels located on the east side of Military Trail just 160' south of Atlantic Avenue. Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to a FLUM amendment and Rezoning of any property within the City. I BACKGROUND/PROJECT DESCRIPTION I The subject property consists of 18.16 acres of land and encompasses ninety-five (95) parcels located along Jefferson Road, Whatley Road and Lincoln Road. The properties are bound to the south by the LWDD L-34 Canal; to the north by Delray West Shopping Plaza and World Saving Bank; to the west by Military Trail and a veterinary clinic; and, to the east side by Sherwood Forest residential development. The subject property is known as Country Club Acres subdivision and contains ninety-five (95) individual parcels. Eighty one (81) of these parcels contain single family residential homes, while fourteen (14) are vacant residential parcels. The parcels can be accessed to the north from West Atlantic Avenue via Whatley Road and to the west from Military Trail via Jefferson and Lincoln Road. The forty six (46) out of these 95 parcels have been annexed by voluntary annexation or annexation agreements contained in executed water agreements. The balance of the Country Club Acres subdivision (49 parcels contained within seven enclaves) were annexed via an interlocal agreement between Palm Beach County and the City of Delray Beach effective May 3,2005. On April 19, 2005, the City Commission approved on second reading, the voluntary annexation of forty six (46) parcels located within the subdivision. During the same meeting the City Commission also approved the annexation for the balance of the Country Club Acres subdivision (49 parcels contained within seven enclaves and the local rights of way) via interlocal agreement. The Interlocal Agreement was approved by the County Commission on May 3rd, 2005. The property is currently subject to Palm Beach County Land Use and Zoning designations. The City has an advisory Low Density (LD) land use designation for the property which allows for single family residential development with a density between zero and five units per acre. The Future Land Use amendment and rezoning of the subject property is part of the amended Comprehensive Plan amendment 2005-1 which is anticipated to be adopted in September 2005. - An application is now before the Board regarding a FLUM Amendment from MR-5 to LD and a Rezoning from County AR to City R-1-A. Planning and Zoning Board Meeti of 05116105: Staff Report Country Club Acres - Small-Scalt. _UM Amendment and Rezoning Page 2 I" C": FUTURE LAND USE MAP AMENDMENT ANAL YSIS :"';"","~<''''/<'<:';';<:~1 This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments under Florida Statute 163.3187. Land Use Analysis: Consistency Between the City and County Land Use Designations: The proposed City Land Use Map Designation for the property is LD (Low Density 0-5 du/ac). The existing County Future Land Use Map Designation for the property is MR-5 (Medium Residential - 5 du/ac). The City's LD Land Use Map Designation is consistent with the County's MR-5 designation in that Low Density Residential is allowed. The current advisory "Low Density" residential designation allows single family residential development. The City's FLUM designation as initially contained on the City's Future Land Use Map adopted by Ordinance 82- 89 in November 1989, (and as formally amended subsequently) are deemed to be advisory until an official Future land Use Map Amendment is processed. Adiacent Land Use Map Designations. Zoning Designations and Land Uses: The Country Club Acres properties are bound to the south by the L WOO L -34 Canal; to the north by Delray West Plaza and World Saving Bank; to the west by Military Trail and a veterinary clinic; and, to the east side by Sherwood Forest residential development. The following zoning designations and uses abut the subject property: I I Zoning Designation I Land Use Designation I Use I North: General Commercial General Commercial (GC) Delray West Plaza and (GC) World Saving Bank Single Family Residential Low Density Residential, Single Family Subdivision South: (R-1-A) (The Estates, Lakewood, 0-5 du/ac (LD) Fox Pointe) East: Single Family Residential Low Density Residential, Single Family Subdivision (R-1-A) 0-5 du/ac (LD) (Sherwood Forest) Multiple Family Multiple Family Future Townhouse West: Residential - Medium Residential, Medium Development (Gramercy Densitv (RM-8) Densitv (RM) Sauare) Allowable Land Uses: Under the proposed Low Density Residential 0-5 du/ac Land Use Map designation, residential zoning districts which accommodate single family units (R-1 thru R-1-AM) are allowed. The applicant has requested an initial zoning designation of R-1-A (Single Family Residential). This zoning is consistent with the prevailing lot sizes and the proposed lD Land Use designation. Planning and Zoning Board Meeti· of 05116105: Staff Report Country Club Acres - Small-ScalE. _UM Amendment and Rezoning Page 3 REQUIRED FIDINGS: LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. o Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated, and said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The proposed Single Family Residential (R-1-A) zoning district is consistent with the proposed Low Density Residential (LD) FLUM designation. Single-family unit developments are allowed in an R-1-A zoning district as a permitted use at a base rate of zero to five (5) units per acre. Based on the above, positive findings can be made with respect to FLUM consistency. o Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves amending the FLUM designation from MR-5 to LD on ninety-five parcels which total approximately 18.16 acres. The proposed FLUM Amendment will result in a shift of impact from County to City services. Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic and Water and Sewer are discussed below: Parks and Recreation: The City provides 127 acres of activity based recreation facilities such as tennis, baseball, basket ball, soft ball and other similar sports. An additional 247 acres are considered resource based activities such as beaches and lakes for swimming, boating picnicking, hiking, and other activities excluding golf courses. Within recreation areas, amenities and facilities are provided to meet the demand for leisure opportunities for all segments of the community. The City of Delray Beach provides a ratio of eight (8) acres of park and recreational facilities per 1,000 people while the current national ratio is 3 acres of park and recreational facilities per 1,000 people. This indicates that the City will have sufficient recreation facilities to accommodate the additional 257 persons anticipated from this development (2.7persons x 95 lots = 256.5). Schools: Country Club Acres east of Military Trail is an already built and wen established urban community. Therefore, a concurrency finding from the Palm Beach County School District is not required. Solid Waste: Eighty one (81) out of the ninety-five parcels currently contain single family homes while fourteen (14) are vacant parcels and therefore have a minor impact on this level of service standard. Assuming the total number of single family homes as built (95 Planning and Zoning Board Meeti ~f 05/16/05: Staff Report Country Club Acres - Small-Scale _UM Amendment and Rezoning Page 4 units) the subject properties will generate 189.05 tons of solid waste per year (1.99x95=189.05). However, as the demand for 81 units is already accommodated by the County land fill the real impact will be limited to the built out of 14 vacant parcels or 14 x 1.99 = 27.86 tons. The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. Water: Water service is currently being provided to properties on Jefferson Road and a portion Whatley Road. The proposed water improvements to be constructed by the City after annexation will include Lincoln Road and the remaining portion of Whatley Road. Once the proposed infrastructure improvements are completed municipal water service will be available via connection to the new 8" water main for all properties within the subdivision. Along the new mains, fire hydrants will be installed with a minimum spacing of 400 feet. Sewer: The proposed sewer will be installed after annexation throughout the entire subdivision, with gravity connections to the west end of Jefferson Road and Sherwood Forest Drive respectively. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The parcels can be accessed to the north from West Atlantic Avenue via Whatley Road and to the west from Military Trail via Jefferson and Lincoln Road. Those portions of the right-of-way of Lincoln Road, Jefferson Road and Whatley Road located within the Country Club Acres sub-division (east of Military Trail) have been annexed into and included in the corporate boundaries of the City of Delray Beach. This includes acceptance by the City of ownership and maintenance of the right-of-way of those portions of Lincoln, Jefferson and Whatley Roads, and responsibility for providing emergency services in those areas. Country Club Acres east of Military Trail is an existing already built community that complies with the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. Based upon the above a positive finding with respect to traffic concurrency can be made. There will be a mutual agreement by the City and County pursuant to Section 335.0415, Florida Statutes (2004), for the transfer of the responsibility for operation and maintenance of the public right-of-way of those portions of Lincoln, Jefferson and Whatley Roads from Palm Beach County to the City of Delray Beach. Q Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM Planning and Zoning Board Meeti' <;>f 05/16/05: Staff Report Country Club Acres - Small-Scale _UM Amendment and Rezoning Page 5 designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The proposal is associated with the annexation of this unincorporated property and requires changing the FLUM designation from County to City. The current County FLUM designation is MR-5 and the current "advisory" designation is LD (Low Density Residential), which allows single family residential developments. As the City's FLUM designation is being applied the requirement to provide justification for the need does not apply. It is noted that the proposed R-1-A designation would allow the same density (0-5 du/ac) as the one currently allow under the county designation of (MR-5). Future Land Use Element Objective A-1: Property. shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would require mitigation measures. Country Club Acres east of Military Trail is an existing already built community. Under the LD FLUM designation, a range of 0 to 5 du/ac is allowed. The requested zoning designation of R-1-A will be compatible with the adjacent development patterns. The requested R-1-A zoning would be similar to properties to the east and south (Sherwood Forest, Fox Pointe, and The Estates). The property immediately to the west is currently designated RM (Multiple Family Residential) with a zoning designation of RM-8 while commercial properties border the subdivision to the north. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As described previously, the requested FLUM designation of LD (Low Density Residential) and zoning of R-1-A (Single Family Residential) will be compatible with adjacent development patterns. Homeownership is a characteristic of this designation. Consequently, compatibility with the abutting low density residential properties to the east (Sherwood Forest), and to the south (Fox Pointe, and The Estates) is not a major concern. I~::<,' < .. ZO~I~G A.NA~ Y:$I:~ ., Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LOR were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. The proposed City zoning designation is R-1-A (Single Family Residential) while the current County zoning designation is AR (Agricultural Residential). Planning and Zoning Board Meetiy - <)f 05116105: Staff Report Country Club Acres - Small-Scale. _UM Amendment and Rezoning Page 6 The surrounding zoning designations are: City RM-8 (Residential Medium Density 8 dulac) to the west; City R-1-A (Single Family Residential) to the east; City GC (Commercial Commercial) to the north; and City R-1-A (Single Family Residential) to the south. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Housing Element Policy A-3.2 - The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to these neighborhoods and affixed to the zoning map. Requests for rezoning to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. This policy relates to areas which are designated stable residential on the Resi-dential Neighborhood Categorization Map. The following table identifies the neighboring residential developments and their respective densities: The table indicates that the surrounding single family developments are less than 4.5 dwelling units per acre_ The two multiple family developments have a density less than 8.53 dwelling units per acre. The Legacy at Sherwood Forest development is the most recently approved multiple family project which has a density of less than 8 dwelling units per acre. Therefore, a rezoning of the subject property with a density 0-5 du/ac would be consistent with the development pattern in the area. REQUIRED FINDINGS: (Chapter 3) Previously discussed under Land Use section of this report COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: CONSISTENCY: Compliance with the performance standards set forth in LDR Section 3.2.2, along with the required findings in LDR Section 2.4.5(D) (5), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Planning and Zoning Board Meeti' 9f 05/16/05: Staff Report Country Club Acres - Small-Scale _UM Amendment and Rezoning Page 7 Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment analysis section of this report. Section 3.2.2 (Standards for Rezoning Actions): standard "8", "C", and "E" are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: A) The most restrictive residential zoning district that is applicable given existing patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezoning to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. As previously discussed this standard is met. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As previously discussed the proposed zoning designation is compatible with surrounding zoning categories and existing development patterns. Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The request is associated with a recently annexed property which requires appropriate City zoning designation be applied. The R-1-A is appropriate as it is consistent with the County MR- 5 (Medium Density Residential 0-5 du/ac) and the proposed City low Density Residential 0-5 dulac land use designations. Items "b" and "c" are the basis for which the rezoning should be granted. The property has been annexed (change in circumstance) and the proposed zoning is of similar intensity. Based Planning and Zoning Board Meeti· ~f 05/16/05: Staff Report Country Club Acres - Small-Scal£> _UM Amendment and Rezoning Page 8 upon the above, this request does fulfill two of the reasons identified under lOR Section 2.4.5(0) (5). I "'~, '^ REVIEW BY OTHERS '··"::;1 <, _, ""' ,.~,.__ _ ^ A ,,~, ,~, The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or DowntoY(p Development Authority (DDA). Palm Beach County Notice: On March 07, 2005 the Palm Beach County Planning Division was notified of the City's intent to annex this property. The County is a partner to the action via the interlocal agreement to the annexation and related cost sharing in the future infrastructure improvements. Lake Worth Drainaae District: On March 07, 2005, Lake Worth Drainage District was notified of the City's intent to annex this property. No objections have been received. IPARC Notice: Notice of the Future Land Use Amendment has also been provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections have been received Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: a Russel Mawson, Country Club Acres HOA a Carolyn Zimmerman, President Council a Herbert Levine, Hamlet Residents Association a Jayne King, PROD (Progressive Residents of Delray) a Virginia Synder, Old School Square a Fred and Sandy Beaumont, Country Club Acres HOA Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. .~..,~. . - ,~ .: ":: .'." ··~'$~ËSMENT AND ëÓÑ"'ëLUSION . ~. I - The City's LD land Use Map Designation is consistent with the County's MR-5 designation in that Low Density Residential is allowed. The application of an initial zoning designation of R-1-A is compatible with the surrounding development pattern and is consistent with the proposed FLUM designation, and with the zoning categories assigned for the properties to the east and Planning and Zoning Board Meeti' ')f 05/16105: Staff Report Counby Club Acres - Small-Scale _UM Amendment and Rezoning Page 9 south of the subject property. Based upon the above, the proposed Future Land Use Map Amendment and associated Rezoning application should be approved. r ' : . A(fGBRÄ:¡¡ÎVE5ÄGfJø1fá" ,,-.... :~-'~:" " v' I ;~ _'>..,. é,,,';:', A^,~"" æ-"'-"~~__ {~AA :"'",,-__A->'~ -->,-",- ,_<:;c<-~,i"~-vv.--"."""-,, ~~ ,'~ :;.. ,~O,c,._ --:... Y, < v Y ,0' ,~'~. v' - i A. Continue with direction. B. Move a recommendation of approval to the City Commission for the FLUM Amendment from County MR-5 to City Low Density Residential 0-5 dulac, and the initial zoning designation of R-1-A (Single Family Residential 0-5 du/ac) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the FLUM Amendment from County MR-5 to City Low Density Residential 0-5 dulac, and the initial zoning designation of R-1-A (Single Family Residential 0-5 du/ac) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(D} (5), 3.1.1 and 3.2.2 of the Land Development Regulations. q: ;-.4; _.¥";''''-- >~p~ o:-'~"v --;,:".' ' ,< :: ,'. ':' "~ßmgM~flB~l) ACTION . . " > - ~ D. Move a recommendation of approval to the City Commission for the FlUM Amendment from County MR-5 to City Low Density Residential 0-5 dulac, and the initial zoning designation of R-1-A (Single Family Residential 0-5 du/ac) for the subject property, 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 does meet the criteria set forth in Sections 2.4.5(D} (5), 3.1.1 and 3.2.2 of the land Development Regulations. Attachments: Location Map Staff Report Prepared by: Estelio Breto, Senior Planner ~êJL/ Filljl ~ ,./' / <:)0 It: v~ ~0 :-v L-- I I v , N'f- ~~ . ;;; ~ ",« <:)0 ~ ... /' I}-'f.~ O~ \>'~ 01 PUBLlX ¡::: II! :> ~'f- ~,,~ 0 II! ./ :¿ /" . ./ \) 2 f--~ g: / ::J <:0:: :::x:<: v ~ ::J~ .q::U V y¡ ()Q G-J /' ~cc U ().q:: ~ ~2 ~~ - \~..¡.. WASHINGTON FIRST \ 0 G::J 8 MUTUAL UNION iß \. -.J .q:: -.J ::¿ WEST .i ATLANTIC AVENUE ., " .1.' I II I ....... 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CITY OF DELRA Y BEACH, FLORIDA SUPPORT DOCUMENT #4 Delray Medical Center FLUM Amendment and Rezoning Staff Report SDN I CITY COMMISSION DOCUMENTATION I TO: THRU: FROM: SUBJECT: MEETING OF JUNE 7, 2005 CITY INITIATED FUTURE LAND USE MAP AMENDMENT FROM COUNTY INST (lNSTUTIONAL) TO CITY CF (COMMUNITY FACILITIES) FOR DELRAY MEDICAL CENTER. LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD. APPROXIMATELY 1.240 FEET WEST OF MILITARY TRAIL. ~ BACKGROUND I The property under consideration is an unplatted 30.74 acre parcel which contains a 406,000 sq.ft. (approximate) hospital complex, known as Delray Medical Center. On February 3, 1981, an Agreement for Water and Sewer Service was executed for the subject property as well as for the adjacent medical office and shopping center developments. The hospital was constructed in 1982, and City water and sewer facilities were extended to the development. Over the years the hospital has been expanded. On March 18, 1999, the Agreement for Water and Sewer Service was amended and included paragraphs, which gave consent for future annexation and assessment of a storm water assessment fee. The Agreement was processed in conjunction with a proposal to expand the medical center. The agreement states that the overall development will be annexed in phases with the shopping center to be annexed by March 31, 2001 (completed), Delray Medical Center during the year 2005, Fair Oaks property by 2008, and Lago Vista property by 2011. This Future Land Use Map amendment is accompanied by a City initiated Annexation and initial zoning of CF (Community Facilities), which has also been scheduled for this City Commission meeting. Additional background and analysis are provided in the Planning and Zoning Board staff report attached as Support Document #4 in Comprehensive Plan Amendment 2005-1. ~ PLANNING AND ZONING BOARD CONSIDERATION ~ At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction with the City initiated Annexation, FLUM amendment and initial zoning request. No one from the public spoke on the item. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Kincaid, Morris and Zacks absent) to recommend approval of the City initiated Annexation, FLUM amendment and initial zoning request, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, meets the criteria set forth in Sections 2.4.5(C)(4), 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, and complies with Florida Statutes Chapter 171. I RECOMMENDED ACTION I By motion, approve the Future Land Use Map amendment, associated with Comprehensive Plan Amendment 2005-01, from County INST (Institutional) to City CF (Community Facilities) for Delray Medical Center, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 3.1.1 (Required Findings) of the Land Development Regulations. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---ST AFF REPORT --- MEETING DATE: May 23, 2005 AGENDA ITEM: IV.G.2.3. ITEM: City Initiated Future Land Use Map Amendment From County - INST (Institutional) To City - CF (Community Facilities) and Associated Annexation (Via the Provisions of the Executed Water Service Agreement and Consent To Annexation) With Initial Zoning of Rezoning CF (Community Facilities) For Delray Medical Center, Located on the South Side of Linton Boulevard, Approximately 1,240 Feet West of Military Trail. (Quasi-Judicial Hearing) I GENERAL DATA: Owner......................................... Tenet Healthcare Corporation Applicant..................................... David T. Harden, City Manager City of Delray Beach Location...................................... South side of Linton Boulevard, approximately 1 ,240 feet west of Military Trail. LINTON Property Size.............................. 30.74 Acres i Existing County F.L.U.M. Designation ................................ County INST (Institutional) ..~ Proposed City F.L.U.M. ".1. Designation................................. CF (Community Facilities) . , Existing County Zoning............... County IPF (Institutional and ~ 1O""l-lItotRr ~ z Public Facilities) ~ 0 Proposed City Zoning................. CF (Community Facilities) Adjacent Zoning................North: P.B. County CS/SE and P.B. County RM/SE East: City PC (Planned Commercial) & P .B. County CS/SE South: P.B. County RS/SE West: P.B. County IPF and P.B. County RM/SE Existing Land Use...................... Hospital Complex Proposed Land Use.................... Hospital Complex Water Service............................. Existing on site Sewer Service............................. Existing on site IV.G.2.3 r-'~:':::~:.;:~...' . ,.. ':: ~:- " ·"1 i E·M B -E F-Ó-R E . THE B·O A'R D . . __._n --'----:- "-;"---1 . . -..... The action before the Board is that of making a recommendation on a City-initiated Annexation, Future Land Use Map Amendment from County INST (Institutional) to City CF (Community Facilities) with initial zoning of CF (Community Facilities) for Delray Medical Center. The affected property is located on the south side of Linton Boulevard, approximately 1,240 feet west of Military Trail, and contains approximately 30.74 acres. LOR Sections 2.4.5 (A), (C) and (0) provide rules and procedures for the processing of this petition. Pursuant to LOR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map. .....:~:: ;', '" I,.. . . '. 1~ 'A·c'K-G· R 0 U N D -. n_._ .. ----------- -.. The property under consideration is an unplatted 30.74 acre parcel which contains a 406,000 sq.ft. (approximate) hospital complex, known as Oelray Medical Center. On February 3, 1981, an Agreement for Water and Sewer Service was executed for the subject property as well as for the adjacent medical office and shopping center developments. The hospital was constructed in 1982, and City water and sewer facilities were extended to the development. Over the years the hospital has been expanded. On March 18, 1999, the Agreement for Water and Sewer Service was amended and included paragraphs, which gave consent for future annexation and assessment of a storm water assessment fee. The Agreement was processed in conjunction with a proposal to expand the medical center. The agreement states that the overall development will be annexed in phases with the shopping center to be annexed by March 31, 2001 (completed), Delray Medical Center during the year 2005, Fair Oaks property by 2008, and Lago Vista property by 2011. The City is processing the FLUM amendment from County INST to City CF and the Annexation with initial zoning of CF, pursuant to the referenced agreement. I .. '-"=rr;:~'.' .~]t..", .~tÃ!' ~- . .. .... ..-- . . ... _., .-... ;.,. . ... .. .. ..~:-- - -.... : ~'...-.."y' " ......,:¡,~.. ·r· E- P ·D ~_n ·C!'''I::~''M A P· -A. E N D M E· N T '. A·N A··...· S·) S .. -- ~. ::'''''~~~_.~.r.::.. . ~¡" ...;. ~ ":'1. _. , ",'\.~...~.~.:-. ". . :-.:f'. .. . . -.Ii.:' . ". ... . This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). REQUIRED FINDINGS: lDR (CHAPTER 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future land Use Map [Section 3.1.1(A)], Concurrency [Section 3.1.1(8)], Comprehensive Plan Consistency [Section 3.1.1 (C)], and Compliance with the land Development Regulations [Section 3.1.1(D)]. P&Z Board Staff Report Delray Medical Center - Future Land Use Map Amendment & Annexation with Initial Zoning of CF Page 2 Future land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future land Use Map. The accompanying annexation and initial zoning application is seeking a CF (Community Facilities) zoning district. The proposed CF Future Land Use Map designation is consistent with the proposed CF zoning designation. The existing hospital is allowed as a conditional use within the CF zoning district [ref. lDR Section 4.4.21(0)(1)]. Based upon the above, positive findings can be made with respect to Future land Use Map consistency. The remaining required findings of LOR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: o Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The above requirement does not apply as the FLUM amendment is associated with an annexation, and the advisory CF (Community Facilities) FLUM designation is being applied. The proposed City CF FLUM designation is consistent with the County INST designation. o Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The request is to apply the advisory CF FlUM designation, which was applied to this property with adoption of the Comprehensive Plan and Future Land Use Map in 1989. Thus, the designation is consistent with the goals, objectives, and policies of the Comprehensive Plan. o Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. - In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered in the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. The proposed CF designation is of the same intensity as the existing County INST P&Z Board Staff Report Defray Medical Center - Future Land Use Map Amendment & Annexation with Initial Zoning of CF Page 3 designation. Thus, the act of officially adopting the City's Community Facilities (CF) Future Land Use Map designation has no negative impact with respect to level of service standards. o Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. North: North of the subject property, across Linton Boulevard, has a County FLUM designation of HR-12 (High Residential, 12 units per acre and is zoned RM (Multifamily Residential). The existing land use is a condominium development known as Las Verdes. There is also an existing office development abutting the north and east sides of the subject property (Del ray Medical Center Condominiums). The property has a County FLUM designation of INST (Institutional) and is zoned CS/SE. South: The abutting property to the south has a County Future Land Use Map designation of MR-5 (Medium Residential, 5 units per acre) and is zoned RS/SE (Single Family Residential). The existing use of the property is the Country Lake Subdivision. East: The properties to the east, have a City Future Land Use Map designation of GC (General Commercial) and are zoned PC (Planned Commercial). The existing uses are the Walmart and Palm Court Shopping Plaza. West: The properties west of the subject property have County FLUM designations of INST (south property) and INST/8 (Institutional, with an underlying High Residential -8 units per acre) (north property), with an advisory City designation of CF (Community Facilities). The properties are zoned IPF (Institutional and Public Facilities) and RM/SE, respectively. They contain the Fair Oaks Hospital (south) and Lago Vista Rehabilitation Facility (north). The existing hospital complex has co-existed with the surrounding developments for many years. The application of the advisory CF FLUM designation to the existing community facilities property is compatible with existing and future land uses of the surrounding area. Site specific compatibility of future development with the adjacent developments will be addressed at the time of site and development plan review of future development proposals. o Compliance - Development under the requested designation will comply with the provisions and requirements of the land Development Regulations. There is no development proposal associated with the Annexation and FLUM amendment requests. Compliance with the Land Development Regulations will be addressed with future development proposals. There are no problems anticipated with the ability to comply with the Land Development Regulations. ·····t·Ä~rÒ'·~~Â.'trÄ'!t~s· ., : land Development Reaulations Governina Annexations: Pursuant to the LOR Section 2.4.5 (C)(1), the City may initiate an annexation of private property if said right has been delegated via provisions of a water service agreement or other agreement to that end. The City initiated annexation is pursuant to the Agreement for Water and Sewer P&Z Board Staff Report Delray Medical Center - Future land Use Map Amendment & Annexation with Initial Zoning of CF Page 4 Service and Consent to Annexation and Stormwater Management Assessment executed on March 18, 1999. CONSISTENCY WITH THE CITY"S COMPREHENSIVE PLAN: Desianated Annexation Area: Pursuant to Future Land Use Element Policy B-3.5, the property to be annexed is located within "Annexation Area B", southwest corner of Linton Boulevard and Military Trait. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The following is a discussion of required services and the manner in which they will be and are provided (i.e. water and sewer). Police: This property is currently serviced by the Palm Beach County Sheriffs Office, located at 345 South Congress Avenue, which serves the South County area. The property lies within Sheriff patrol zone 9. Zone 9 is bordered by Jog Road on the west, the Atlantic Ocean on the east, Atlantic Avenue on the north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. City police currently pass the property while patrolling areas of the City to the east of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The adjacent municipal area is served by Fire Station No.5 (Linton Boulevard & Germantown Road). With annexation, the property will receive an improvement in response time from the current 3.5 minutes of the County Fire Department (Pheasant Walk Station) to approximately 1.5 minute for the City's Fire Department (Fire Station No.5). Police and Fire Personnel Needs: This annexation does not directly generate the demand for additional Police and Fire personnel. However, this annexation in conjunction with the recent annexations of Country Club Acres, The Colony, and Bexley Park as well as the redevelopment that has occurred in the City have generated additional demands for personnel from both the Police and Fire Rescue Departments. These needs will be addressed through the City's budgetary process. Water and Sewer: The existing development is connected to the City's municipal water and sewer system, via 8" and 10" water mains, and 8" sewer mains. As part of the Agreement for Water and Sewer Service in 1981, these mains were extended to the site. Streets: This property has direct access to Linton Boulevard, and Military Trail via an access tract through Palm Court Plaza. Both Military Trail and Linton Boulevard are under Palm Beach P&Z Board Staff Report Delray Medical Center - Future land Use Map Amendment & Annexation with Initial Zoning of CF Page 5 County jurisdiction. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. As the property is currently developed as a hospital, there will be no change with respect to traffic. With any proposals for building additions, traffic will be evaluated. Parks and Open Space: The existing institutional development does not have an impact with respect to this level of service standard. It is noted however, the City currently provides approximately 8 acres per 1,000 residents of recreation space, which far exceeds the desired standard of 3 acres per 1,000 residents established in the Comprehensive Plan. Solid Waste: As there is no change in actual land use, there is no impact on solid waste disposal. The service provider will remain the same, as described later in this report. Financial Impacts: Effect Upon Annexed Property: NOTE: The following analysis includes the Fair Oaks facility, which is not being considered for annexation at this time. Palm Beach County Property Appraiser's records include Fair Oaks and the Medical Center as one parcel, which has one property control number (Tax I.D. Number). Thus, the County's assessment incorporates all the improvements within the parcel. Prior to annexation, the two facilities will need to have their own property control numbers. The following is provided for illustration purposes and are estimates based upon the current situation. The actual fiscal impacts will be less than indicated below. For the 2004 tax year Delray Medical Center had an assessed value of $29,748,655.00. With the change from County to City jurisdiction, the following taxes and rates will be affected: Taxes MillaQe With Annexation Fire/Rescue MSTU 3.1999 Deleted (County) Library .5807 Deleted (County) City of Delray Beach 7.4500 Added (City) City of Delray Beach Debt .5500 Added (City) 4.2194 Difference* * Total tax millage in the County is 19.5051 mills while in the City the total millage rate is 23.1890 mills. The current yearly ad valorem taxes are $580,250.49. With annexation the yearly ad valorem taxes will be $689,841.56; a tax difference of $109,59L07. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non-residential units the assessment fee is calculated using the following formula (# sq.ft. of impervious area/2,502) X $54. A 25% P&Z Board Staff Report Delray Medical Center - Future Land Use Map Amendment & Annexation with Initial Zoning of CF Page 6 discount from the assessment is available if drainage is retained on site. Also a 25% discount from the assessment is available because the subject property is located with the Lake Worth Drainage District. As the property contains a nonresidential use, this assessment would be imposed in the amount of approximately $11,485.41. This figure excludes the Fair Oaks property. A further increase based upon new impervious surfaces will be realized with future development/redevelopment of the site. Solid Waste Authority - The South Military Trail annexation area is serviced by Waste Management (pursuant to a contract awarded on October 1, 2003), and the City's contract is currently through Waste Management. Therefore, the waste service provider will remain with Waste Management upon annexation. Occupational License Fees - The hospital has an occupational license. With the annexation, the hospital must obtain an occupational license from the City, in addition to the Co~nty's license. The City license fee is $142. Water/Sewer Rates - The Delray Medical Center is currently served by municipal water and sewer. Properties not located within the City that receive City water and sewer service are assessed an Out-of-City surcharge. Under that scenario, annexation of properties receiving municipal water would see a 25% reduction in water and sewer rates. Thus, the hospital will experience a decrease in water and sewer rates. In conjunction with the amendment to the agreement in 1999, an "Agreement and General Release" was included whereas the City agreed to make certain reimbursements for use of certain water lines, mains and lift stations installed by the developers. The City would pay a total of $224,735.00 to cover the reimbursements set forth in the water/sewer agreement entered into by the parties in February 1981. The payment has been divided into five equal payments of $44,947.00 for a 5 year period commencing March 1, 2001. Resulting Impacts to Property Owner: I·!IL;·....~~,:-~";·;·¡~ ·-·..·~(jft}(rI~RV~63M_SJ3.Kif.RË~I1.'~T RL~~'~.. .~:¡.,.:~. ." .., -:-:~;;J .. .: ':..~.:{:::.~ :~ . _....;... . '~.J. .. _ -:"_~.: . ..:__._ ~_. . ..... '. :.~'"'..: . -~.; _.~__~__ ~ .. .. _._,=.~.'_....::.:....~__ ":" _1 . " ":..~~ . ... _ _=-=-- . . _-:._ -_':0"' .i FINANCIAL CONSIDERATIONS: AD VALOREM TAXES $ 109,591.07 (Change from 2003/2004 County of 19.5051 to City 2004/2005 rate 23.1890 mills (4.2194). NON AD VALOREM Stormwater Assessment $ 11,485.41 - OCCUPATIONAL LICENSE FEES $142.00 ANNUAL FINANCIAL IMPACT: $121,218.48 . Water and Sewer fees will decrease with annexation, and is based upon consumption. P&Z Board Staff Report Delray Medical Center - Future land Use Map Amendment & Annexation with Initial Zoning of CF Page 7 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 3.5 minutes Coun to 1.5 minute Ci EMS + Faster response time from (estimated time) 3.5 minutes (Coun to 1.5 minute Ci POLICE + Better response based upon more officers in field CODE ENFORCEMENT reactive opportunity to work with Fiscållmpacts to the City: At the 2004/2005 City operating millage rate of7.45 mills and debt rate of 0.55 mills, the property will generate approximately $237,989.24 in new ad valorem taxes per year. Additional revenues will be realized through increased assessment value, the annual collection of the stormwater assessment fee, occupational license fees, as well as utility taxes (9.5% electric, 7% telephone, 8.7% gas) and franchise fees on electric, telephone, gas, and cable. REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(C)(4), the City Commission must make findings that the annexation is consistent with Objective B-3 of the Future land Use Element, and complies with F.S.171. As stated above, the subject property is located within a designated annexation area, Area B. Its annexation is consistent with the Objective B-3 of the Future Land Use Element. Also, the annexation complies with Florida States Section 171 as it pertains to annexations. The property is contiguous, reasonably compact and does not create an enclave; and, services will be provided to the property in a manner similar to other similar properties within the City. .~~~. -. ·.~A'ð"A·i'".'~' ýJj.~1! ð¥N.·::;;:b .~1N~i".' ~ . .- .-:;-:.:-::..¡-,.-- ..~. ..... - u .~ -. ~ ~ - .:~ ~ ~... ~~:~ (')"; :-:,,:!..... ." ~.,...I-..·:"._. .,-,,·Iii..~J·~.i..' . II ·N. \I'~ .1,11 ~·I.S-·.:·:···.;I·~·..··~?..· . ". .. "".... : =:. . II- ..... ...~ ..... .. .. .. .. .. "..' II". ".. .. REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development Regulations. Future land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment and Annexation Analysis" sections of this report. Compliance with the land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. P&Z Board Staff Report Delray Medical Center - Future land Use Map Amendment & Annexation with Initial Zoning of CF Page 8 Section 3.2.1 (Basis for Oeterminina Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonina Actions): Standard A, B, C, and E are not applicable with respect to this rezoning request. The applicable performance standard of Section 3.2.2 is as follows: 0) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Compatibility is not a concern as the property currently contains a shopping center, which has existed at this location since 1982. The initial CF (Community Facilities) zoning designation will accommodate the existing hospital as a conditional use. There is no development proposal associated with this request. Compatibility of any future development proposals with the adjacent developments will be appropriately addressed with review of a site and development plan request and/or a conditional use request, if necessary. Section 2.4.5(0)(5) (Rezonina Findinas): Pursuant to Section 2.4.5(0)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The basis for which the rezoning should be granted relates to Item "b", however, Item "c" is also applicable. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. The annexation requires that an appropriate City zoning designation be applied to the property. The CF zoning designation is of similar intensity as that allowed under the proposed City CF and existing County INST land use designations. P&Z Board Staff Report Delray Medical Center - Future Land Use Map Amendment & Annexation with Initial Zoning of CF Page 9 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The property is development is allowed under the proposed CF zoning districts. With review of the annexation request, a site visit was conducted and did reveal some code violations, which primarily related to landscape deficiencies. Any future development will be required to comply with the Land Development Regulations. . "':":i.-"!"·:·:····~~.Iff:.;io~¡.:,,¡J!>·=*·t-,:-i"·R·EVI·EW ·BY."O·TH·E·R:S :._'..~~. ~··;·-:·:Æ·;:·····;-:',;Ii····":· ."; ~..~... . .... or:' _:' '¡,¡o"l!. ~.~ .. "Ii..: .."_.. .". ~- .."' ...... ':. . :. ". .'" :.. ...." I,,; .- . 1. . ~ The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On May 4, 2005, the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowners associations and civic associations: . PROD (Progressive Residents of Delray) . Presidents Council Public Notice: Formal public notice has been provided to the property owner and to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan, and Sections 3.1.1 and 3.2.2 of the Land Development Regulations, and the policies of the Comprehensive Plan. The change is to a designation allowing a similar intensity as currently developed, and allowed under the existing County land use designation. Accommodating the annexation of this property and affixing an initial City zoning designation of CF (Community Facilities) is consistent with the City's program for annexation of territory within its Planning and Service Area. The CF zoning designation is consistent with the existing use of the property. The annexation will provide the property with better Police, Fire, EMS and Code P&Z Board Staff Report Delray Medical Center - Future land Use Map Amendment & Annexation with Initial Zoning of CF Page 10 Enforcement services, however, will experience an increase in taxes and stormwater assessment fees. Positive findings can be made with respect to LOR Section 2.4.5(C)(4) and 2.4.5(0)(5), which relate to required findings for Annexations and Rezonings. The City will receive additional revenue from property taxes, stormwater assessment fees, and per capita revenues, which will result in a net increase to the City. In addition, revenues will be received from utility taxes and franchise fees. . ''¡'~4''~~'"'' :J¡'; . · '. :;".;';,;~~-:.;". ~À¡:L:or· Ë"r:f-f·.fÄ T fV1:'" 'Äf'C'·:'"'r(" . "~~if': ~~!;!··I'!"~" ~ . A. Continue with direction. B. Move a recommendation of approval to the City Commission for the City initiated Annexation, Future Land Use Map amendment from County INST to City CF (Community Facilities) and initial zoning designation of CF for Delray Medical Center, 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 Sections 2.4.5(C)(4), 2.4.5(0)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, complies with Florida Statutes Chapter 171. C. Move a recommendation of denial to the City Commission for the City initiated Annexation, Future Land Use Map amendment from County INST to City CF (Community Facilities) and initial zoning designation of CF for Delray Medical Center, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(C)(4), 2.4.5(0)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, and does not comply with Florida Statutes Chapter 171. Move a recommendation of approval to the City Commission for the City initiated Annexation, Future Land Use Map amendment from County INST to City CF (Community Facilities) and initial zoning designation of CF for Delray Medical Center, 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 Sections 2.4.5(C)(4), 2.4.5(0)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, complies with Florida Statutes Chapter 171. Attachments: Future Land Use Map & Zoning Map LAS VERDES DRIVE (LAKE) CF DUNCAN CENTER DELRA Y TOWN CENTER LINTON B 0 U LEV A R 0 CANAL L-36 South Trust -I Bank - PALM ~ 0:: COURT I- BOCARA Y PLAZA PLAZA I") SOŒOUNTY I >- w GC 0:: MENTAL HEAL TH « CEN TER -1 I- WAL-MART <t: - Z ...J SOUTH COUNTY PROF - <t: ~ COUNTRY LAKE P.B. COUNTY MR-5 ::::> 0 (I) N DELRA Y MEDICAL CENTER ANNEXATION - FUTURE LAND USE MAP AMENDMENT CITY Of" OELRAY BEACH, FL FROM. PALM BEACH COUNTY INST (INSTITUTIONAL) TO CITY CF (COMMUNITY FACIUTlES) PLANNING'" ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF' LM828 LAS VERDES DRIVE (t.AJŒ) CF DUNCAN CEN TER DELRAY TOWN CENTER LINTON BOULEVARD CANAL L-36 South Trust ...J Bank - PALM « a:: COURT I- BOCARA Y PLAZA PLAZA t') I I w SOUTH COUNTY MENTAL HEAL TH CEN TER C -' « WAL-MART z ...J SOU TH COUN TY PROF « - P~C :::!: () CEN TRE CONDO ClRa..E P.B. COUNTY RS/SE COUNTRY LAKE :I: I- ::> 0 (/) N DELRAY MEDICAL CENTER ANNEXATION - CITY or DELRAY BEACH. FL WITH INITIAL CITY ZONING DESIGNATION OF CF (COMMUNITY FACILITIES) PLANNING'" ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- IMP REF LN828 C-t . C£Lrûl~~ 4 Boca Raton/Delray Beach News - , 'Õ-I" September 12, 2005. wwwbocanews com NOTICE OF PUBLIC HEARING NOnCE OF COMPREHENSIVE PlAN CHANGE 2005-1 CITY OF DELRAY BEACH, FLORIDA The City CommiSSIon of the City of Delray Beech will consider the adoption 0' the followrng ordI- nance ORDINANCE NO 31-05 AN ORDINANCE OF lHE Cll'\' COMMISSION OF lHE CITY OF DRRAY BEACH, FLORIDA, AIJOP1lNG COMPREHENSIVE PIAN AMENDMENT 2005 I, PURSUANT TO THE PROVISIONS OF lHE "L()(AL GOVERNMENT COMPREHENSIVE f'lANNNG AND lAND DEVELOPMENT REGU- lATION AG·, flORIDA STATUTES SEcnON 163 3161 lHROUGH 163 3243, INCLUSIVE, ALL AS MORE PARTICUlARLY DESCRIBED IN EXHIBIT ·A" ENTITlED "COMPREHENSIVE PIAN AMEND- MENT 2005-1" AND INCORPORATED HEREIN BY REFERENCE, PROVIDING A SAVING ClAUSE, A GENERAl REPEALER ClAUSE, AND AN EFFEOM DATE A Publ" Heonng "'9",,"n9 CompÆhen..... PIon Amendment 2005-1 w,1I be held 00 !!!!mA'UiI': 1lM8ER 20 2005 AT à: P.M. tor at any conhnudJon of such meeting wfuch IS set ~ the Commrs51oot In the CommIsSIon mbers at City l--kit lOON W 1st Avenue, Delroy Beach, ondo The proposed TEXT AMENDMENTS", Ihe Conµehen.... Plan odd.." Ihe fdlow'ng sub¡ed molter o Future land Use Element· Mod.hcohon 01 PolICY C· 2 6 '" ..Hect odopbon 01 a Redeve/apment Plan !or Redevelopment kea #5 (Osceola Pa<k), ood !hat fuov.. development ,n Ih" a"", shall be cans,,' 1ent..,1h the Plan, ood a Future land Use Element - Mad;¡"'han af Pahcy C·I 4 '" correct the descnbed baoodanes of the North FederoI H'9hwor Corncb- ~ '" the RJlURE lAND USE MAP (FWM, ,nvoIv'ng Ih.... (3) """" af land. ..,11 alsa be tron.s- ml os 0 part of Amendment # 2005-1 ! CfTY OF DELRAY BEACH, FLORIDA ! ! MUNICIPAL CIlY LIMITS ) - - , ¡ ~ I - -. ¡-L=; ,.- lOCATION MAP NUMBER GENERAL LOCATION ACTION PARCR SIZE It ACRES A. Osceola Pa'k Generalylocatedbetwetln FROM ROArS Redw'Jopment oISE2ndStreetandSE51t1 (~Areat5J Ive. SlJee1 and between Sf 5tI 10'- CC (CommercII! Core) If1 356 A¥enIIe and SE 'sI.Avenue part; GC tgeneraI Comrnercä) n part;LD{lowOenslly""""""'" o-SduI-=jlnpat..I1dMD (MedIlJ1i Oensdy 5-12 tb'ac) III ""'- 8 Coun1ry Club Acres LocatedSOUUlofWest FROM CounIy-Wl-5_ AtlantIc Avenue, east cI ResIdentiaI~SOO'acJ 1B16 Mllda"yTraiI 'TO' City -LD low DeJmy Res1dentiaIÐ-SW'ac1 CDen,Beach localetl south 01 LJmon FRCt.fCounty-1NST MedIcal Cenler --"" r......-..q 30739 1240 feet west 01 MIbta) TI} City CF fComlTudy r.., -I At Ih" heanng, the Gty eo.m"""", w,1I accept publoc teshmany ood ..,11 can.s.der adaphoo of Camprehen..... Plan Amendment 2005-1 AU Interested porbes ore Invited 10 attend the publiC heonng and comment upon the PIon Amendment or submIt thetr comments In Wrltrng to the Planning end Zarling Deportment Further Inbmahon con- cerning !he proposed amendments con be obtaIned from the ~ and ZOl1lng Department, Gty Hall 1 00 t-Nll 51 Ave<we, Fl33444 (e """I at pzmo,1@mydef caml a by cdtong 561/243- 7040, beIween the hours of 8-00 AM and 5 00 PM, Monday through Fnday, exdud'ng haldays P\ec.:;e be ocfv¡:sed that If a person deades 10 appeal any deciSion mode by the G1y CommissIOn wIth respect '" any matte< =de.-ed at Ih.. heanng, such person ..,11 need a recad oIlhe p<oceeðongs, and for thiS purpose such ~ may need to ensure that 0 verbotrm record of the proœedll'IQS IS made, wfuch "",ad ,ncI s the Ioshmooy ood "",dence upan wI"ch the appeal .. based The Gty c:k,es not prOVIde or prepare such record pursuont to F S 286 0105 CITY OF DElRAY BEACH Chevelle 0 Nubm CIty CI""'- Publ"hed Monday, September 12, 2005 Boca Raton/Delroy Beach News Ad# NS090516 NOTICE OF PUBLIC HEARING tc , c Mòklj,11f/)~ NOTICE OF COMPREHENSIVE I PLAN CHANGE 2005-1 CITY Of DELRAY BEACH, fLORIDA i I 1110 CiIy ÚIIIIiIIiDI 01.. CiIy 01 DoIray ho<h.........IoIøwoog....... ORDIIIAIIŒ 110. 11..5 ~ All OIDIUMŒ OF !If( my CIIIIIMISSION OF 1H( my Of DIWY lfACH, ROtIØA, ADOf'ßN6 CI1Mf/IfIISM /WI . AMIIIDMEIT 21105-1, PUlSUAIII TO 11tt PID11SIDIIS OF 1H( "tOCAI. 6O¥IIIIMEIII «JIIPIEHIIISM PWllIII& AND '" WID D!YIIDPMENT II6UWIÐII ACI", FIOItDA STAIUIES SWIDII 163.3161 JHI6IIG 163.3243, JNQII5M; All lIS § IIDI£ PU1ImLW' DI5IIIIIm IN IXHIBß "A"1II1IILfD "roIIPIEHIIISM PWI AMIIIDMIIII2II05-1" AIID IIICDIJ'6. ~ IAJB) HIIEIIIY mBBICf; ~DIIIG A SAVlIIG WIISf. A GEllIIAl REPEAUI QAIJS~ AIIÐ AllIIFKIIYIIWl ë.. A ..... Hooriog ..... ~ Plan Amendmenl2005-1 .. be hoIoI..1U50AY, JUlIE 7, 21105, AT 7:00 ,.II. ~ I"" aoy 0IIIIInuaf00 of""" ....*'wIich .....,...'-1, Íl1fot CømmIs5IoII a.m..rs II Q\y 1faI, 100 U' ~ lØ~,DoIrIy"""1IorioII - '" Tho...,.,..t 1IXI AIIIIIDMÐm 10 1M !aonpnIIoosIye Plan ødihss !he foIooInø... man.- ~ ~ o FuIura LanoI u.o a-.t -......... 01 Paky (-2 6 II reftod adopioon of.............. 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