Ord 59-05
(
ORDINANCE NO. 59-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-I-A (SINGLE
FAMILY RESIDENTIAL) DISTRICT TO RM (MEDIUM
DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING
A PARCEL LOCATED ON THE NORTH SIDE OF LINTON
BOULEVARD, 660 FEET WEST OF SW 4TH AVENUE AS
MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, APRIL 2005"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April 2005, as being zoned R-I-A (Single Family Residential)
District; and
WHEREAS, at its meeting of July 18,2005, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the 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, 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, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
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 Zoning District Map of the City of Delray Beach, Florida, be, and the
,
l
same is hereby amended to reflect a zoning classification of RM (Medium Density Residential)
District for the following described property:
East 139 feet of the west 638 feet of the south 208 feet of the south half (S '12) of
Lot 8, Model Land Company's Subdivision of Section 20, Township 46 South,
Range 43 East, Palm Beach County, Florida (Less the south 53 feet for road R/W).
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon the effective date of
Ordinance 56-05, under which official land use designation of MD (Medium Density Residential 5-
12 du/ac) is affixed to the subject parcel hereinabove described.
'2~ PASSED AND ADOPTED in regular session on second and final reading on this the
~ day of~'1o."-~-L " , 200~.
)
8~t~
ATTEST
~ .~~.\:J~
City Clerk ~
First Reading ~:l CiS
Second Reading \\?::, \. 'V~
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2
ORD NO. 59-05
MEMORANDUM
TO:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGERvr1
AGENDA ITEM # \ OE. - REGULAR MEETING OF JANUARY 3.2006
ORDINANCE NO. 59-05 (REZONING - LEE BURKE PROPERTY)
DECEMBER 30, 2005
FROM:
SUBJECT:
DATE:
lbis Ordinance is before Commission for second reading and quasijudicial hearing for a City initiated
rezoning from R-l-A (Single Family Residential) to RM (Medium Density Residential) for a 0.5 acre parcel
of land for the Lee Burke Property, located on the north side of Linton Boulevard, approximately 660 feet
west ofS.W. 4th Avenue.
The property contains an existing single family residence and is located within the Southridge/S.W. 4th
Avenue Redevelopment Area. With the adoption of the Southridge/S.W. 4th Avenue Redevelopment plan
on June 13, 1999, the Redevelopment Area #3 Future Land Use Map (pLUM) designation and R-l-A
zoning designation were retained as a "holding" zone until a specific development proposal was submitted.
A development proposal has been submitted to construct a multiple family development that will include
workforce housing on the adjacent vacant 7.05 acres known as Lintco properties. Rather than leave this
remaining 0.5 acre parcel zoned R-l-A, it appears appropriate to include this parcel with the privately-
initiated FLUM amendment and rezoning proposal, which were approved by Commission as part of
Comprehensive Plan Amendment 2005-2 and Ordinance No. 60-05.
On July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request.
There was no public testimony. After reviewing the staff report and discussing the proposal, the Board
voted 6-0 to recommend to the City Commission that the rezoning request be approved. Staff
recommends approval based upon the findings of fact and law contained in the staff report, finding that
the request is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan, and finding
that the request meets the critetia set forth in the Land Development Regulations (LDR) Section 3.1.1
(Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(0)(5) (Rezoning
Findings).
At the first reading on August 2, 2005, the City Commission passed Ordinance No. 59-05.
Recommend approval of Ordinance No. 59-05 on second and final reading.
S:\City CIerk\agenda memos\Ord 59-05 Lee Burke Rezoning 010306
TO:
THRU:
FROM:
SUBJECT:
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.(IlI~'(Ili!llllll!~_'~~II~I~I1iII~~OO'~OO'I~l'I': . . .,
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DAVID T. HARDEN, CITY MANAGER D. 0{0 _ ;J;
PAUL DORLlNG, DIRECTOR OF PLANM~GX'Nt:fr'~IN~.d-l~ ~
JEFFREY A. COSTELLO, ASSISTANT PLANNING DIRECTW'O'
MEETING OF AUGUST 2, 2005
CITY-INITIATED REZONING FROM R-1-A (SINGLE FAMILY RESIDENTIAL) TO RM
(MEDIUM DENSITY RESIDENTIAL) FOR THE LEE BURKE PROPERTY LOCATED
ON THE NORTH SIDE OF LINTON BOULEVARD, APPROXIMATELY 660 FEET
WEST OF S.W. 4TH AVENUE.
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The subject property is a 0.5 acre parcel, which contains an existing single family residence. The
property is located within the Southridge/S.W. 4th Avenue Redevelopment Area. With the adoption of
the Southridge/S.W. 4th Avenue Redevelopment plan on June 13, 1999, the Redevelopment Area #3
Future Land Use Map designation and R-1-A (Single Family Residential) zoning designation were
retained as a "holding" zone until a specific development proposal was submitted. A development
proposal has been submitted to construct a multiple family development that will include workforce
housing on the adjacent vacant 7.05 acres known as Untco properties. Rather than leave this
remaining 0.5 acre parcel zoned R-1-A, it appears appropriate to include this parcel with the privately-
initiated FLUM amendment and rezoning proposal, which is also before the City Commission for
consideration.
At its meeting of August 2, 2005, the City Commission will also consider the associated FLUM
amendment for the property in conjunction with Comprehensive Plan Amendment 2005-2. If approved
on first reading, the second reading of the rezoning ordinance will occur at the same meeting as the
adoption of the Comprehensive Plan amendment. Additional background and analysis of the requests
are found in the attached Planning and Zoning Board Staff Report.
PLANN.rN.GAN" "'ON'.NG ."O....RO.. .C.."'N[S.'O..,"'......iO. "N. .
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At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction
with the FLUM amendments and Rezonings. There was no public testimony regarding the requests.
After reviewing the staff report and discussing the FLUM amendment and rezoning, the Board voted
6-0 to recommend to the City Commission approval of the proposed FLUM Amendment from RDA #3
(Redevelopment Area #3) to MD (Medium Density Residential) and Rezoning from R-1-A (Single
Family Residential) to RM (Medium Density Residential) for the Lee Burke Property, by adopting the
findings of fact and law contained in the staff report, and finding that the requests are consistent with
the Goals, Objectives and Policies of 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.
RECOM.E!ilOl5b ACtION
t
''''':,
Move approval on first reading, the ordinance for the proposed rezoning from R-1-A (Single Family
Residential) to RM (Medium Density Residential), by adopting the findings of fact and law contained in
the staff report, and finding that the request is consistent with the Goals, Objectives and Policies of
the Comprehensive Plan and meets 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: Planning and Zoning Board Staff Report of July 18, 2005 & Proposed Ordinance
l ~c...
ORDINANCE NO. 59-05
AN ORDINANCE OF THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-l-A (SINGLE
FAMILY RESIDENTIAL) DISTRICT TO RM (MEDIUM
DENSIlY RESIDENTIAL) DISTRICT; SAID LAND BEING
A PARCEL LOCATED ON THE NORTH SIDE OF LINTON
BOULEVARD, 660 FEET WEST OF SW 4'ffi AVENUE AS
MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, APRIL 2005"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April 2005, as being zoned R-l-A (Single Family Residential)
District; and
WHEREAS, at its meeting of July 18,2005, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has detertnined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Deltay Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Deltay Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of RM (Medium Density Residential)
District for the following described property:
East 139 feet of the west 638 feet of the south 208 feet of the south half (S '12) of
Lot 8, Model Land Company's Subdivision of Section 20, Township 46 South,
Range 43 East, Palm Beach County, Florida (Less the south 53 feet for road R/W).
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon the effective date of
Ordinance 56-05, under which official land use designation of MD (Medium Density Residential 5-
12 du/ ac) is affixed to the subject parcel hereinabove described.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ,200_.
MAYOR
ATTEST
Acting City Clerk
First Reading
Second Reading
2
ORD NO. 59-05
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: July 18, 2005
AGENDA ITEM: IV.D.(2)(c) and I.V.D(2)(d)
ITEM: Future Land Use Map amendment from RDA-3 (Redevelopment Area #3) to
MD (Residential Medium Density 5-12 du/ac) and rezoning from R-1-A (Single
Family Residential) to RM (Medium Density Residential) for the Lee property and
Lintco multi-family site, located at the northwest corner of Linton Boulevard and SW
4th Avenue. (Quasi-Judicial Hearing)
GENERAL DATA:
Owner...................................... Burke Lee and Lintco
ApplicanL................................... Lee Property: City-initiated
Lintco Property: Privately-
initiated
Location............................__........ Northwest corner of Linton
Boulevard and SW 4th Avenue
Property Size.............................. 0.5 acre (Lee Property)
7.05 acres (Lintco Property)
Existing Future Land Use Map.. RDA-3 (Redevelopment Area #3)
Proposed F.L.U.M.................... MD (Residential Medium Density,
5-12 du/ac)
Existing Zoning........................... R-1-A (Single Family Residential)
Proposed Zoning..................... RM (Medium Density Residential)
Adjacent Zoning................North: RM & R-1-A
East: POD (Professional Office District)
& MIC (Mixed Industrial and
Commercial)
South: PC (Planned Commercial)
West: CF (Community Facilities) & R-1-
A
Existing Land Use...................... Vacant and Single Family
Residence
Proposed Land Use.................... Future Land Use Map
Amendment and Rezoning to
accommodate a proposed
multiple family development that
will contain workforce housing.
Water Service............................. n/a
Sewer Service............................. n/a
LINTON
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COSTeD
LAVER'S
LAKE\I7[W
APARTMENTS
CLUB
The action before the Board is that of making a recommendation to the City Commission on the
following Future Land Use Map Amendments from RDA-3 (Redevelopment Area #3) to MD (Medium
Density Residential 5-12 du/ac) and Rezoning from R-1-A (Single Family Residential) to RM (Medium
Density Residential) for properties generally located at the north west comer of Linton Boulevard and
SW 4tli Avenue:
)
The Future Land Use Map Amendments involve thirteen (13) parcels totaling 7.55 acres (See
attached Map):
o Area A - Lintco Property: A privately-initiated re<:Juest involving thirteen (12) parcels containing a
total of 7.05 acres.
o Area B - Burke Lee Property: A City-initiated request involving a 0.5 acre parcel.
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 Amendments
or Rezoning of any property within the City.
The proposal involves 13 parcels, which are located within the Southridge/S.W. 4th Avenue
Redevelopment Area. These lots are unplatted and undeveloped, except for an existing single family
house (0.5 acre parcel) nex1 to the Fire Station. The vacant parcel consists of 12 acres under one
ownership (7.05 acres) and the existing single family residence nex1 to the fire station is under.)
separate ownership (0.5 acres).
On January 9, 1978, the Burke Lee Property containing the single family residence was annexed into
the City with the R-1-A zoning designation. The Lintco property was annexed into the City on October
11, 1998 as part of the Enclave Act (Enclave #34) with the R-1-A (Single Family Residential zoning
"
designation.
With the adoption of the Southridge/S.W. 4th Avenue Redevelopment plan on June 13, 1999, the
Redevelopment Area #3 Future Land Use Map designation and R-1-A (Single Family Residential)
zoning designation were retained as a "holding" zone until a specific development proposal is
submitted. A development proposal has been submitted to construct a multiple family development
that will contain workforce housing on the Lintco properties. Rather than leave the remaining 0.5 acre
lot R-1-A it is appropriate to rezone the parcel with the privately-initiated proposal. .
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) as part of the City's Comprehensive Plan
Amendment 2005-02.
REQUIRED FINDINGS:
LDR (CHAPTER 31 PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications,
certain findings must be made in a fonn which is part of the official record. This may be
")
Planning and Zoning BO<;lrd Staff report
lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area)
Page 2
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: 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.
With the adoption of the Southridge/S.W. 4th Avenue Redevelopment plan on June 13, 1999, the
Redevelopment Area #3 Future Land Use Map designation and R-1-A (Single Family Residential)
zoning designation were retained as a "holding" zone until a specific development proposal is
submitted. A development proposal has been submitted to construct a multiple family development
that will contain workforce housing. The proposed FLUM amendment will assign a Future Land Use
Map designation of MD (Medium Density Residential 5-12 du/acre) and the proposed zoning is RM
(Medium Density Residential). The proposed zoning designation of RM (Medium Density Residential)
is consistent with the proposed MD Future Land Use Map designation.
Based upon the above, a positive finding with respect to Future Land Use Map consistency can be
made. The Southridge/S.W. 4th Avenue Redevelopment Plan identifies development scenarios and
criteria for development to occur within the area. These aspects of the Plan are discussed below.
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 (FLUM)
must be based upon the findings listed below, and must be supported by data and analysis
that demonstrate compliance with these 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, annexation into
the municipal boundaries, or similar circumstances. The need must b~ 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.
Future Land Use Element Policv 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,f' 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 10 retain their existing
Planning and Zoning Board Staff report
Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area)
Page 3
Redevelopment Area #3 Future Land Use designation and R-1A 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.
The redevelopment plan presented fIVe (5) development scenarios for the vacant properties at
the northwest comer of S. W. 4th Avenue and Unton Boulevard. Each of the potential scenarios
has certain benefits and certain drawbacks. The provision of residential development at this
comer was identified in Scenario 3, which stated the following:
....there already exists a mix of existing residential uses in the general area, and economic
activities that will provide more jobs should be encouraged. Many of the multifamily
developments in the area, particularly those along Linton, have deteriorated. Given the
surrounding industrial and commercial uses and the intensity of traffic in the area, residential
development on this property is not encouraged. "
With adoption of the Plan, application of a specific Future Land Use Map designation was not
pursued without a specific proposal in mind, as it could have eliminated a potentially positive
development of the property. The only Future Land Use Map change to be processed at that time
was for the office building at the northwest corner of Linton Boulevard and S.W. 4th Avenue,
which was given the Transitional FLUM designation with POD (Professional and Office District)
zoning. The adopted Redevelopment Plan recommended the following scenario (Scenario 5),
which established the following parameters for the consideration of any future development
proposals for this area:
. To the greatest extent possible, the properties are to be aggregated for a unified )
development.
· Residential development, unless part of a comprehensive mixed use project or an assisted
living type facility, is not to be considered.
. Uses identified within Scenarios 1 and 4 are encouraged.
. Commercial uses may be appropriate if it can be demonstrat~that the traffic can be
ac;commodated on the roadway network, and that impacts on the adjacent residential uses
lII'ill be minimal. A mix of uses, including retail, office and second story residential, and
entertainment is encouraged. Gasoline stations, fast food restaurants, flea
marketlbazaar/merchandise marts, and auto repair and maintenance type facilities shall not
be considwed.
. The style of development shall be of a distinctive architectural character that enhances the
area and encourages new investment and redevelopment.
. Adjacent residential areas are to be separated from the development by a wall and
substantia/landscape buffer.
Since the adoption of the Redevelopment Plan in 1999, the City and South Florida has
experienced a tremendous increase in the price of housing, which has significantly impacted
housing attainable to very low, low and moderate income households. Escalatinllland costs and
rapidly diminishing amounts of land available have hindered /he provision of sufficient workforce
dwelling units by the private sector. According to the Florida Association of Realtors, Inc., the
median price of existing homes in Palm Beach County in March 2005 was $371,500, a 37%
increase over the March 2004 median of $272,100 ("Palm Beach County Median Home Resale
Soars Past $370,000" p. 1-A, April 26, 2005 Palm Beach Post article by Stephen Pounds). .,
According to a May 2005 Sun-Sentinel newspaper article, rents in South Florida began climbing }
in 2004, and are expected to continue to increase. According to real estate analysts, occupancy
rates are averaging 95%. and as a result, rents have climbed. Another factor affecting rents is
Planning and Zoning Board Staff report
Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Soulhridge Redevelopment Area)
Page 4
the condo conversion boom, with more rental complexes being taken out of the marketplace than
being built. ("For S. Florida tenants, rental picture tums bleak: Demand for units rises as home
costs continue to surge" May 15, 2005 Sun-Sentinel article by Robin Benedick).
Due to the escalating cost of housing, many renters have been unable to purchase a home.
Thus, there is a shortage of housing affordable to the everyday working families and citizens.
The need to provide workforce housing is critical to maintaining a diversified and sustainable City
having the character and sense of a community where people can live and work in the same
area. In order to address this public need, on December 6, 2004, the City adopted a
Family/Workforce Housing ordinance, which established a Density Bonus Program based upon
the number of units that are made available to very low, low and moderate income households.
The Family/Workforce Housing Ordinance is in the process of being amended to add more
overlay districts that can accommodate workforce housing. With the City's annual
Comprehensive Plan Amendment 2005-2, the Medium Density land use designation description
is being modified to include the following statement
"Areas with this desicmation. lOCated within a workforce housina overlav district. may also exceed
12 units per acre UP to a maximum of 18 units per acre by obtainino density bonuses throuoh the
provision of workforce housino units. "
Based upon the above, an opportunity exists to develop the property in a manner that will provide
workforce housing. Development of the property for residential purposes will not have as
significant an impact on traffic concurrency as office or commercial development. The
Redevelopment Area has experienced some stabilization since adoption of the Plan through the
construction of infill housing in the single family subdivisions to the north and associated
infrastructure improvements. The multi-family developments that have deteriorated along Linton
Boulevard, are primarily rental properties, which have not been well maintained and are not
properly managed. Per the Comprehensive Plan, infill housing for low to moderate income
families is encouraged with the redevelopment of this area. It is noted the Redevelopment Plan
will be amended to modify the development scenarios for these parcels to encourage/require the
provision of workforce housing for all residential development. "
a 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 Obiective 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 properties are primarily vacant with a single family home at the southwest corner,
adjacent to Fire Station #3. Development of the properties can occur in a manner to comply with
this Policy. This Policy will be further addressed with a development proposal.(siteplan and/or
conditional use for the property. The property to the east (across S.W. 4th Avenue) is industrial
and contains a self storage facility; to the south, across Linton Boulevard, is commercial, to the
west, is a Fire Station and R-1-A (Single Family Residential) zoned property; and to the north, is
Linton Ridge condominium, which is zoned RM (Medium Density Residential). The development
will be complimentary to the adjacent land uses. The Redevelopment Plan provides the following
directives with regard to development of these properties:
Planning and Zoning Board Staff report
Untco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area)
Page 5
· The style of development shall be af a distinctive architectural character that enhances the
area and encourages new investment and redevelopment.
· Adjacent residential areas are to. be separated from the develapment by a wall and
substantial landscape buffer.
)
Housing Element Poliev A-12.3: In evaluating proposals for new development or
recteve/opment, the City shall consider the effect that the proposal will have on the stability
of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and
circulation patterns shall be reviewed in terms of their potential to negatively impact the
safety, habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
As discussed below with the Concurrency analysis, the proposed new development will result in a
decrease of potential traffic generated by commercial, office and/or recreational development
scenarios identified in the Redevelopment Plan. Given the existing traffic and potential traffic flow
on Linton Boulevard. The Plan recommends that any new development take access from both
Linton Boulevard and S.W. 4th Avenue where possible. With a specific development proposal, a
traffic study will be submitted, which must comply with Palm Beach County Traffic Performance
Standards Ordinance. The style of development shall be of a distinctive architectural character
that enhances the area and encourages new investment and redevelopment. The Plan also calls
for adjacent residential areas to be separated from the development on the subject properties by
a wall and substantial landscape buffer. Development af the property can accur in a manner that
will enhance the stability of the area. With a conditianal use and/or site plan request this policy
will be revisited.
)
a Concurrency - Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves amending the f'LUM designation from ROA #3 to MO on parcels, which
total approximately 7.55 acres. The proposed FLUM Amendment will. result in an increased
impact on adopted concurrency standards. Concurrency findings with respect to Parks and
Recreation, Schools, Solid Waste, Traffic and Water and Sewer are discussed below:
Water and Sewer: A 20" water main is located within S.W. 4th Avenue along with fire hydrants.
Along Linton Boulevard, installatiOllof a water main may be required along with fire hydrants
spaced as required. With respect to sewer, Lift Slation 26C is located adjacent to S.W. 4th
Avenue at the northeast comer of the office building site and connects to a 6" force main within
S.W. 4th Avenue. With any development of these parcels, installation of water and sewer mains,
fire hydrants, and drainage improvements must be accommodated. The location of these
improvements will depend upon site design layout of any proposed development(s).
The proposed FLUM Amendment to MO will increase the demand on these public services;
however, adequate capacity exists to accomtnodate the proposal. Pursuant to the
Comprehel1Sive Plan adequate water and sewer treatment capacity exists to meet the adopted
level of service standards at the City's build-out. Thus, a positive finding with respect to. this level
of service standard can be made.
Traffic: Linton Boulevard is classified as a County minor arterial road from the west City limits to
Federal Highway. Linton Boulevard currently operates at Level of Service "0" from South Federal
Highway to S.W. 10th Avenue. S.W. 4th Avenue is classified as a two-lane City collector.
Regardless of the development scenario selected for this area (residential, office, mixed use),
,
t
Planning and Zoning Board Staff report
Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Soulhridge Redevelopment Area)
Page 6
internal traffic circulation will need to be provided for any development. Per the Redevelopment
Plan, given fhe existing traffic and potential traffic flow on Linton Boulevard, it is recommended
that any new development take access from both Linton Boulevard and S.W. 4th Avenue where
possible.
The applicant has submitted a traffic study based upon the maximum potential density permitted
by fhe proposed MD FLUM designation, based on the proposed text amendment to allow 18
du/ac to accommodate workforce housing. The current FLUM designation of RDA-3 wifh R-1-A
(Single Family Residential) zoning , which allows a maximum of 5 du/ac. Under the existing
FLUM designation and zoning, fhe 7.55 acre site could accommodate 37 units generating 370
average daily trips, while the proposed MD could accommodate 135 units, which will generate
945 average daily trips. This results in a trip generation potential of 545 average daily trips. It is
also noted fhat the development scenarios recommended in the Redevelopment Plan consisting
of office, mixed-use (retail, office and residential), and recreational facilities (publiC or private),
would generate a greater number of average daily trips than.a residential development with the
proposed densities. A copy of fhe submitted traffic analysis has been transmitted to the Palm
Beach County Traffic Division for review. The proposed Medium Density FLUM designation will
allow a range from 6 to 18 du/ac. With a specific development proposal, a traffic study will be
submitted. The maximum development potential will be based on the ability to comply wifh the
Palm Beach County Traffic Performance Standards Ordinance. Based upon the above condition
of approval being addressed, a positive finding wifh respect to traffic concurrency can be made at
fhis time.
Drainaae: Any development of the site will be required to retain drainage on-site in compliance
wifh Soufh Florida Water Management District (SFWMD) requirements. There are no problems
anticipated complying with SFWMD requirements.
Parks and Recreation: The Open Space and Recreation Element of fhe 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 fhe City's recreational facilities. Pursuant. to Land Development
Regulations (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. Based upon the proposed FLUM
Amendment and Rezoning, the maximum allowable density (18 du/ac) would allow 135 dwelling
units, thus requiring a park impact fee of $67,500.00.
Schools: A School Concurrency Application has been transmitted to the School District of Palm
Beach County for their consideration. The Palm Beach County School District must approve the
development proposal for compliance with the adopted level of Service for School Concurrency.
Verification from the Palm Beach County School District is pending; however no problems are
anticipated meeting this level, of service standard.
Solid Waste: The subject properties are primarily vacant, except for a single family residence,
and therefore currenUyhave no impact on this level of service standard. The singlefarhily
residence currenUy generates 1.99. tons per year. Assuming the proposed maximum density (18
du/ac), the subject properties will generate 268.65 tons of solid waste per year (135 units X 1.99
tone per year). The increase can be accommodated by existing facilities and thus, will not have a
significant impact on this level of service standard. The Solid Waste Authority has indicated that
its facilities have sufficient capacity to handle all development proposals till the year 2021, fhus a
positive finding with respect to this level of service standard can be made.
Thus, positive findings can be made at this time with regard to concurrency for all services and
facilities.
Planning and Zoning Board Staff report
Untco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Soulhridge Redevelopment Area)
Page 7
a Compatibility - The requested designation will be compatible with the existing and future
land uses of the surrounding area.
)
The parcels in question abut a condominium development to the north (Unton Ridge Condos),
and a portion of a single family subdivision to the west (Woods of Southridge. As previously
discussed, the property can be developed to be compatible with and complimentary to the
adjacent neighborhoods. There are directives in place to ensure that any development of the
property will be compatible. Also, there are development regulations to ensure development will
occur in manner that will be the same. Based upon the above, 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.
a 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.
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 thr~)Ugh 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
apptoveor deny the development.applic;ation. These findings relate to the Future land Use
Map, Concurrency,. Comprehensive Plan Consistency, and Comp!!ance with the Land
D41y~19P"'4:lntR.eS1lJlations. .
F..W!! Land J'se Map, Concurrency and Comprehensive Plan Consistency were. previously
discilssoounder.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 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.
LP~~loll ~2.2: ~ta.nd!m;lsA, B, C. and E are not applicable. The applicable performance
standard oflDR Section 3.2.2 Is as follows:
(D) Tbatthe 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.'
Planning and Zoning Board Staff report
Untco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area)
Page 8
., , Direction Zonina Uses
)
North RM Linton Ridge condominiums
West CF and R-1-A Fire Station #3 and Woods of Southridge
single family subdivision
South PC and POD Global Imports and an office building
East MIC Security Self Storage Facility
The proposed FLUM amendment and rezoning are compatible with the adjacent land uses
and consistent with the development pattern within the Redevelopment 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.
LDR Section 2.4,.5{DI (5) (Rezonino Findinosl:
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 following is the applicant's justification statement:
"'
"The subject site is zoned R-1-A (Single Family Residential). The property is located on a major
thoroughfare (Linton Boulevard) and is 7 acres; which does not allow for proper development of a
single family development. It is also adjacent to a tire station and an office building. The development
along Linton and the increase in traffic has made the current zoning inappropriate, Multi-family
residential including workforce housing is more appropriate for the property based upon
circumstances particular to the site. "
The appropriate reasons for the proposed rezoning are Mb" and .c". With the adoption of the
Southridge/S.W. 4'" Avenue Redevelopment plan on June 13, 1999, the Redevelopment Area #3
Future Land Use Map designation and R-1-A (Single Family Residential) zoning designation were
retained as a .holding" zone until a specific developmElnt. proposal is submitted. A development
prOpOsal has been submitted to construct a multiple family development that Will contain workforce
housing. Thus, circumstances have changed that make the current zoning inappropriate. Further, the
RM zoning designation is similar in intensity as proposed under the requested MD FLUM designation
and is more appropriate for the site based on circumstances which relate to the community's need for
workforce housing, The RM designation will encourage a development scenario. that will not have
substantial traffic impacts and will be complimentary to the neighborhoods to the north and west.
Planning and Zoning Board Staff report
lintco & Burke Lee Properties" FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area)
Page 9
" ~
. - - ~. - "- - - -- - -. ~ - ~- -~-"-~"~ - - ~-, ~-~
)
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
. Fallridge Condo
. Pinegrove
. Southridge
. Woods of Southridge
. PROD (Progressive Residents of Delray)
. President's Council
Public Notice:
Formal public notice has been provided to the affected property owners as well as property owners
within a SOD' radius of the subject property. Letters of support and objection, ifany, will be presented
at the Planning and Zoning Board meeting.
The FLUM designations and zoning classifications for the subject properties are being amended as
these designations were retained as a "holding" zone until a specific development proposal is
submitted. A development proposal has been submitted to construct a multiple family development
that will contain workforce housing on the Lintco properties. Rather than leave the remaining 0.5 acre
lot R-1-A, it is appropriate to rezone the parcel with the privately-initiated proposal. As indicated in the )
staff report, there is a community need for workforce housing and the development of this property to
accommodate this type of housing will help address the need. The directives of the Southridge/S.W.
4th Avenue Redevelopment Plan will need to be amended to address/require the provision of
workforce housing on these parcels. Positive findings can be made with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LOR Section 3.1.1
(Required Findings), LOR Section 3.2.2 (Standards for Rezoning Actions), LOR Section 2.4.5(0)(5)
(Rezoning Findings), and the Goals, Objectives, and Policies of the Compre"hensive Plan. Therefore
the proposed FLUM amendments and rezonings can be recommended for approval based on the
findings outlined in this report.
.
- ,- -- - - - - - - ~ ~ ~ . ,._-~-
A. Postpone with direction.
B. Move to recommend to the City Commission approval of the proposed FLUM Amendments from
RDA #3 (Redevelopment Area #3) to MD (Medium Density Residential) and Rezonings from R-1-
A (Single Family Residential) to RM (Medium Density Residential) by adopting the findings of fact
and law Contained in the staff report, and finding that the requests are. consistent with the Goals,
Objectives and P()licies of the Compre~ensive Pl<;ln.al)d 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. Move to recommend to the City Commission denial of the proposed FLUM Amendments from
RDA #3 (Redevelopment Area #3) to MD (Medium Density Residential) and Rezonings from R-1-
A (Single Family Residential) to RM (Medium Density Residential) by adopting the findings of fact )
and law contained in the staff report, and finding that the requests are inconsistent with the
Goals, Objectives and Policies of the Comprehensive Plan. and do not meet the criteria set forth
Planning and Zoning Board Staff report
lintco & Burke lee Properties - FlUM Amendment and Rezoning to RM (Soulhridge Redevelopment Area)
Page 10
')
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.
Move to recommend to the City Commission approval of the proposed FLUM Amendment from RDA
#3 (Redevelopment Area #3) to MD (Medium Density Residential) and Rezoning from R-1-A (Single
Family Residential) to RM (Medium Density Residential) for the following:
o Area A - Lintco Property: A privately-initiated request involving thirteen (12) parcels containing
a total of 7.05 acres.
o Area B - Burke Lee Property: a City-initiated request involving a 0.5 acre parcel.
by adopting the findings of fact and law contained in the staff report, and finding that the requests are
consistent with the Goals, Objectives and Policies of 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:
· Current & Proposed Future land Use Map
) · Current & Proposed Zoning Map
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EXISTING ZONING DISTRICT MAP FOR:
L1NTCO AND LEE PROPERTIES
CITY Of DELRAY BEACH, FL
PLANNING &: ZONING DEPARTMENT
~AREA A (UNfeD PROPERTY)
~ AREA B (LEE PROPERTY)
-- DIGITAL BASE MAP SYSTEM --
MAP REF: LMB56
18 Boca Raton/DeJray Beach News - Thursday, December 22, 2005 . www.bocanewS.com
QJYUf_fIlUQt,R.CIImI. -
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APUlllICHEARINGwilbehaldontrle
Iollowing proposed ordinance at 7:00
p.m. on TUESDAY. JANUARy J. 2006
or at arrvCOfllinuatioo utsuch meeting
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15IAVlll1ue.0eI~Ilead1.FIOIida.at
which ~me 1I1e City Comm,ssion WI~
COflsiderilsadaplion. Thepfl.lP(lSed
ordinancemaybeinSpectedilt1l1eOffice
of1l1eCityClllflcalC.tyHall.l00NW.
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edtoattendandbeheardwlthrespeclto
tl1e pmposed ordinance
OflDINANCEHO.59-Q5
AN ORDINANCE OF THE CITY C0M-
MISSION OF THE CITY OF DEUlAY
BEACH, flORIDA. REZONING AND
PLACINGLANDPRESa.lTI-YZONED
R+A(SINGLEFAMlLYRESlDENTlALj
DISTRICT m RM J:DIUM DENSITY
:I~~~~~&J~~
NOR1H SlOE OF LINTON llOUUVARD
660 fEETVVESTOfs.N 4TI1 AVENUE
AS MORE PARTICUlARLY
DESCRIBED HEREIN: AMENDING
'ZONING MAP OF OB.RAY BEACH
R..ORIDA APRIL20Q5": PROVIDING A
GENEAALA8'9J.ERClAUSEASAV_
6~1eClAUS~. ANO AN EFFECTIVE
Please beillMsedtllat Waperson
decides lOappeaJ any decision n13de by
lheCityCommisslonwlthrespecltoany
rnatlerconsideffldattl1eselleanngs
such persoo may need to ensUI1! 1hal a
;::~::;e~~a rnc,OOes me leS~mory
10 be !lased. rrm.wtl~hlheappealjs
rlOrprepare~C;tydoesflOtPnlVlde
FS.286.0105. I1!COrd.Pursuantto
CITY OfDaRAYBfACH
ChlivetJeO.Nubin
CityClerir
Publish: Thucs.. December22
~r:,~ro.,~lrayBeachNeWs 2005
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