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Ord 80-05 ("' ~ '\ ORDINANCE NO. 80-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RESIDENTIAL OFFICE (RO) DISTRICT TO MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE SOUTH SIDE OF SW 1ST STREET, BETWEEN SW 1ST AVENUE AND SW 2ND 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 Residential Office (RO) District; and WHEREAS, at its meeting of November 21, 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 7 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 ("' I '1 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 Medium Density Residential (RM) District for the following described property: Lot 11, Lot 26, and the South 8 feet of Lots 1 through 10, inclusive, Heisley Estates Subdivision, being a Subdivision of the North one-half (N 'Iz) of Block 54, Delray Beach, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 13, Page 48. 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 sh.ll become effective immediately upon passage on second and final reading. 3~ P ASS~ ADOPTED in regular session on second and final reading on this the _ day of "... ".~ . 2004,.. 8~!; ~ ATTEST ~ ~.~. \\~'~.J City Clerk First Reading cl \ '?::, \ oS , \. Second Reading ,\ ~ \ C'l p 2 ORD NO. 80-05 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER ttrl. AGENDA ITEM # \ a B - REGULAR MEETING OF JANUARY 3. 2006 ORDINANCE NO. 80-05 (REZONING - CODA FKA LIGHTHOUSE PROPERTI) DECEMBER 30, 2005 TO: SUBJECT: DATE: This Ordinance is before Commission for second reading and qllasijlldiciol hearing for a privately initiated rezoning from RO (Residential Office) to RM (Medium Density Residential) for a 0.21 acre portion of the Coda (fka Lighthouse) property, located south of S.W. 1" Street, between S.W. 1" Avenue and S.W. 2nd Avenue. The rezoning is part of a larger development proposal which is zoned both RM and RO and includes Lots 11 and 26, and the south 8 feet of Lots 1 through 10, inclusive, Heisley Estates Subdivision of the North 'Iz of Block 54. The subject property constitutes the southern 0.21 acres of the RO-zoned (northern) portion of the property. A former halfway house known as The Lighthouse occupied the overall site and has recendy been demolished. The subject property, along with the balance of the site, will be part of a mixed-use development which will contain 36 townhouse units on the area currendy zoned RM; 2 mixed-use buildings, each containing approximately 10,000 sq. ft. of office space; and 2 residential loft units, each on the area currendy zoned RO. At its meeting of September 21, 2005, the Commission approved a Small-Scale Future Land Use Map amendment from MD (Medium Density Residential 5-12 du/ac) to TRN (fransitional) and rezoning from RM to RO for the north 0.86 acres of The Lighthouse property. These applications were submitted to accommodate the office component of the proposed mixed-use development. After the submittal of the site development plan, the applicant discovered that the appropriate amount of land zoned RM at the site was not available to meet the proposed density requirements. The proposed rezoning of the 0.21 acres from RO to RM will allow the proposed development to be constructed at the desired unit count. On November 21, 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 7-0 to recommend to the City Commission that the rezoning request be approved. Recommend approval by adopting the findings of fact and law contained in the staff report, finding that the request is consistent with the Comprehensive Plan, Southwest Area Neighborhood Redevelopment Plan, and meets the criteria 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(D)(5) (Rezoning Findings), subject to the condition of verification from the Palm Beach County School District that the proposed rezoning will comply with the adopted level of service for school concurrency. At the first reading on December 13,2005, the City Commission passed Ordinance No. 80-05. Recommend approval of Ordinance No. 80-05 on second and final reading. S,\c;ty CJerl<\agenda memoo\OnlIlO-<lS Coda Rezoning 010306 l'" "":""",.."""~:u :.. -''"'-c"'"'''"'''''i"" .'."..."I.....C'OM"M."...c.l~......OC"U..ME...T"..........""'"~. "".". " "" .L';':'V!::j"'~: .:';Z0/'P:~'jjL"""': ...':;}3/:8:':'/:'::':'::;';"2'< ':7%!!::::::':::'i:','::Y!J3~I',I";~!:J,::::::',:i',.,,'"",',L;",;;""",;"",~":~rt;L'JI;,;;",;:,,;,;:,;~,~,,, ":!!;':""i,,t!\!i~,",,":'.:',":X']J0S;JY'...,;,;,;,:':":':"::"":-:":'W"PfffA:?Y:Wf:'./illfAit; TO: DAVIP TJ9ARDEN THRU: PAUl~~, DI i;~~.~:,.:;"' FROM: SUBJECT: ECANNR~lANN~~NING DERRICK L. COOK, P ~~ MEETING OF DECEMBER 13, 2005 CONSIDERATION OF A PRIVATELY SPONSORED REZONING FROM RO (RESIDENTIAL OFFICE) TO RM (MEDIUM DENSITY RESIDENTIAL) FOR A 0.21 ACRE PORTION OF THE CODA (FKA LIGHTHOUSE) PROPERTY, lOCATED SOUTH OF SW f;l STREET, BETWEEN SW 1ST AVENUE AND SW 2ND AVENUE. The rezoning is part of a larger development proposal which is zoned both RM and RO and includes Lots 11 and 26, and the south 8 feet of Lots 1 through 10, inclusive, Heisley Estates Subdivision, being a Subdivision of the North one-half (NY:.) of Block 54, Delray Beach, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 13, Page 48. The subject property constitutes the southern 0.21 acres of the RO-zoned (northern) portion of the property. A former halfway house known as The Lighthouse occupied the overall site and has recently been demolished. The subject property, along with the balance of the site, will be part of a mixed-use development which will contain the following: . 36 townhouse units on the area currently zoned RM; . Two mixed-use buildings, each containing approximately 10,000 S.F. of office space; and, two residential loft units each on the area currently zoned RO. At its meeting of September 21, 2004, the City Commission approved a Small-Scale Future Land Use Map amendment from MD to TRN and Rezoning from RM to RO for the north 0.86 acres of the Lighthouse property. These applications were submitted to accommodate the office component of the proposed mixed-use development. The proposed office use is permissible under the proposed RO zoning, but was not allowed under the previous RM zoning. After the submittal of the site development plan, the applicant discovered that the appropriate amount of land zoned RM at the site was not available to meet the proposed density requirements. The proposed rezoning of the 0.21 acres from RO to RM will allow the proposed development to be constructed at the desired unit count. ""i"'f~;~~~ '''PrANNJN<tANDZONlNG BOAAtt~QR~U~EBATIONl""--:;:'" . - I At its meeting of November 21, 2005, the Planning and Zoning Board held a public hearing in conjunction with the RO rezoning request. There was no public testimony in support or opposition of the proposal. After reviewing the staff report and discussing the proposal, the Board voted unanimously to recommend approval to the City Commission City Commission Documentation Meeting of December 13. 2005 Corrective Rezoning Coda (fka Lighthouse) Page 2 for the privately initiated rezoning from RO to RM 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, the Southwest Area Neighborhood Redevelopment 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, subject to the following condition: 1. Verification from the Palm Beach County School District that the proposed rezoning will comply with the adopted level of service for school concurrency. I" .........~.... ......:~.:..::::.'.'.:.:.:.':..:....'.:.'....;'^' '.~ .'~,."",.',,=.:..., " ...., "', .', '~ ,.,....;'.". '"'}l#/tEfiT ""{ilECbMMENDE;1l ACTION,' """;;;;";;"!:.':',:::::'::::::::':::::lSi9F.~" "" ~ Approve on the first reading the privately initiated corrective rezoning from RO to RM 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, the Southwest Area Neighborhood Redevelopment 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, with second reading to occur on January 3, 2006, subject to the following condition: 1. Verification from the Palm Beach County School District that the proposed rezoning will comply with the adopted level of service for school concurrency. Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of November 21, 2005 ORDINANCE NO. 80-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RESIDENTIAL OFFICE (RO) DISTRICT TO MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE SOUTH SIDE OF SW 1sr STREET, BETWEEN SW 1ST AVENUE AND SW 2ND 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 Residential Office (RO) District; and WHEREAS, at its meeting of November 21, 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 7 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 same is hereby amended to reflect a zoning classification of Medium Density Residential (RM) District for the following described property: Lot 11, Lot 26, and the South 8 feet of Lots 1 through 10, inclusive, Heisley Estates Subdivision, being a Subdivision of the North one-half (N 'Iz) of Block 54, Delray Beach, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 13, Page 48. 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 passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,200_. ATTEST MA YOR City Clerk First Reading Second Reading 2 ORD NO. SO-OS PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- MEETING DATE: AGENDA ITEM: ITEM: November 21, 2005 III.C. Rezoning from RO (Residential Office) to RM (Medium Density Residential) for a 0.21 acre portion of the Coda (fka Lighthouse) Property, located south of SW 1't Street, between SW 1't Avenue and SW 2nd Avenue. GENERAL DATA: Owner................................... .. Agent...................,...............,.. Applicant..........................,...., . Location................................. . Property Size..,....................... Land Use Map Designation.... Existing City Zoning,............... Proposed City Zoning....,........ Adjacent Zoning............North: East: South: West: Existing Land Use.................. Proposed Land Use................ Water Service......................... Sewer Service......................... New Urban Lighthouse, LLC Jeffrey A. Costello Jeffrey A. Costello A portion of the Coda (fka Lighthouse) Property, located south of SW 1't Street, between SW 1't Avenue and SW 2nd Avenue 0.21 Acres RO (Residential Office) RO (Residential Office) RM (Medium Density Residential) RO (Residential Office) OSSHAD (Old School Square Historic Arts District) RM (Medium Density Residential) CF (Community Facilities) Vacant Rezoning of the parcel from RO to RM Available via connection to an existing 8" water main within SW 1st Street and SW 1st Avenue and a 10" water main within SW 2nd Avenue. Available via connection to an existing . 8" sewer main within SW 1st Street, ~ SW 2nd Avenue, and/or an alley bisecting the subject property. I hi em.1 ATTORNEY BUILDING LUIliER KINGS!. ~ -- .- - - - - -- I """ MARnN -- -'- r--~~ .- --- --- -- -- ---;;:-- 1- -- ,,-,- > < -- - --, CITY z HALL ,-- --" --- -- --'" ~ -- z _ N lS1S1 COUMUNI TY CENTER ATLANTIC AVENUE pouCE sou fH OIIJ I CO""" COUN" ~R R -- . ,~J ~H~ I~ _'TIn mTf " m >!R!! zW < - f-- - z= 1ST '01 II ;~ _ n_ -0 "[[j]]]" I 1= 30_ = ~ r= ~ c--- ' II II "'" " . . - = "" SL II I MERRITT PARK --1- - - - - ,- =-- . II II N I 'L "" sr. _ DRUG ABUSE FOUNDA TION OF PALM BEACH COUNTY = - III.C. P & Z Board Staff Report - November 21, 2005 Lighthouse Property - Corrective Rezoning From RO to RM Page 1 The action before the Board is making a recommendation to the City Commission on a privately-initiated corrective rezoning from RO (Residential Office) to RM (Medium Density Residential) for a portion of the former Lighthouse property. The subject property is located south of SW 1st Street, between SW 1st Avenue and SW 2nd Avenue, and involves 0.21 acres. Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. The proposal incorporates the following: The subject property is Lots 11 and 26, and the south 8 feet of Lots 1 through 10, inclusive, Heisley Estates Subdivision, being a Subdivision of the North one-half (NY:. ) of Block 54, Delray Beach, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 13, Page 48. The subject property constitutes the southern 0.21 acres of the RO-zoned (northern) portion of the property. A former halfway house known as The Lighthouse has recently been demolished. The subject property, along with the balance of the site, will be part of a mixed-use development which will contain the following: . 36 townhouse units on the area currently zoned RM; . Two mixed-use buildings, each containing approximately 10,000 S.F. of office space; and, two residential loft units each. At its meeting of September 21, 2004, the City Commission approved a Small-Scale Future Land Use Map amendment from MD to TRN and Rezoning from RM to RO for the north 0.86 acres of the Lighthouse property. These applications were submitted to accommodate the office component of the proposed mixed-use development. The proposed office use is permissible under the proposed RO zoning, but was not allowed under the previous RM zoning. 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 III.C. P & Z Board Staff Report - November 21, 2005 Lighthouse Property - Corrective Rezoning From RO to RM Page 2 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. The subject property has a Future land Use Map designation of TRN (Transitional) and is currently zoned RO (Residential Office). The proposed RM (Medium Density Residential) is consistent with the underlying TRN Future land Use Map designation, as the TRN designation allows residential uses with a maximum density of 12 units per acre. Based upon the above, positive findings can be made with respect to Future land Use Map Consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Water service is available via service lateral connections to an existing 8" water main located within the SW 1st Street right-of-way, an existing 8" water main located within the SW 1st Avenue right-of-way, and/or an existing 10" water main located within the SW 2nd Avenue right-of-way. There are three (3) fire hydrants within close proximity to the subject property - one (1) on the north side of SW 1st Street and two (2) on the east side of SW 1st Avenue. Sewer service is available via service lateral connection to existing 8" sanitary sewer mains within the SW 1st Street right-of-way, the SW 2nd Avenue right-of-way, and/or the alley bisecting the subject property. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainalle: With rezoning requests drainage plans are not required; however drainage plans have been provided with the conditional use and site plan submittals indicating that drainage will be accommodated via an exfiltration system. There are no problems anticipated in retaining drainage on site and obtaining any/all necessary permits. Traffic: A traffic study indicating the AM and PM peak hour trips that would be generated by the proposed office development has not been provided. The rezoning of the 0.21 acre property when combined with the property to the south will allow 2 additional units generating 21 average daily trips. The traffic generated will not negatively impact the surrounding neighborhood as the property is located within an area that consists of the traditional road grid system. This system is conducive to traffic distribution. wherein, automobiles have a diverse choice of options to navigate the area. Motorists of the overall development are able to navigate the local grid street system to avoid congestion in order to reach collector and arterial roads such as Swinton Avenue, Atlantic Avenue, SE 1st Street, SW 2nd Street, and SW 4th Avenue. Given the diffusion of vehicle trips, it is unlikely that adjacent neighborhoods will be negatively impacted by any additional traffic. It is noted per the Palm Beach County Traffic Performance Standards Ordinance, residential projects located east of 1-95 are exempt from the traffic concurrency. Further, there are no level of Service concerns with any of the surrounding roadways/streets. III.C. P & Z Board Staff Report - November 21,2005 Lighthouse Property - Corrective Rezoning From RO to RM Page 3 Parks and Recreation: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project 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 unit for parks and recreation purposes, Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, the rezoning would accommodate 2 residential units, which will generate 3.98 tons of waste annually (2 x 1.99 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021. Schools: 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. 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(0)(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. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective is noted. 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. There are no significant environmental characteristics to the subject property. The future redevelopment of the property based upon the proposed RM zoning will be complimentary to the adjacent land uses, which consist of single and multiple-family residential uses, a mixed-use (restaurant/hotel) development, the South County Courthouse, a church, and a parking garage. The rezoning will enable the fulfillment of remaining land use needs by the provision of workforce housing within the Southwest Area Neighborhood Overlay District as discussed in greater detail with Future land Use Element Policies C-1,7. Based upon the above, a positive finding can be made with respect to Future land Use Element Objective A-1, that the future redevelopment of the subject property will be complimentary to adjacent land uses and will fulfill remaining land use needs. Future Land Use Element Policv C-1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10" Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. III.C. P & Z Board Staff Report - November 21, 2005 Lighthouse Property - Corrective Rezoning From RO to RM Page 4 Many of the parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within sub-area #5, Sub-area #5 is identified as "infill area" consisting of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. The proposed rezoning is associated with an overall development proposal which provides new housing, including workforce housing. The envisioned development will also likely improve the safety of the area as well as its long term stability. It will introduce daytime activity (offices) and further nighttime activity (residences), thereby providing more "eyes" to observe what is happening in the area, which should be a deterrent to criminal activity that has been identified as a problem with the Southwest Area Neighborhood. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C-1.7, that the rezoning will fulfill the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan. Housina Element Policv A-12.3: In evaluating proposals for new development or redevelopment, 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 previously with the Concurrency analysis, the RM zoning is a residential zoning district that is currently limited to a maximum of 12 units per acre by the underlying Transitional land use designation. The properly was zoned RM until last year, when the property was rezoned to RO. The RM zoning is consistent with the zoning of the residential properties within the Southwest Area Neighborhood Overlay District. The properly is located within an area of the City that consists of the traditional roadway grid network. This network is conducive to traffic distribution, wherein, several diverse options are available in the navigation of the downtown area. Given the diffusion of vehicle trips, it is unlikely that adjacent neighborhoods will be negatively impacted by the additional traffic, In terms of safety, the overall development scheme includes the introduction of new multiple- family dwellings near the downtown area that will likely improve the safety of the area as well as its long term stability. It will introduce further night time activity and more "eyes" to observe what is happening in the area, which should be a deterrent to criminal activity that has been identified III.C. P & Z Board Staff Report - November 21, 2005 Lighthouse Property - Corrective Rezoning From RO to RM Page 5 as a problem with the Southwest Area Neighborhood. These factors should serve to stabilize the area and act as a genesis for future neighborhood investment. Based upon the above, a positive finding can be made with respect to Housing Element Policy A-12,3, that the rezoning will not have a negative impact on the surrounding area with regard to noise, odors, dust, traffic volumes, and circulation patterns. LOR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable performance standard of LOR 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 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. The following zoning designations and uses border the property: Zonina Desianation: Use: East: Old School Square Historic Arts District (OSSHAD) West: Community Facilities (CF) Future Mixed-Use Buildings - Office/Residential Future Multiple-Family Residential Uses (Currently Abandoned Drug Rehabilitation Facility) Restaurant/Hotel (Sundy House) North: Residential Office (RO) South: Medium Density Residential (RM) South County Courthouse The proposal will rezone the 0.21 acre subject property from RO to RM. There are no compatibility concerns as the properties were previously zoned RM for many years and the abutting properties to the south are zoned RM, which will be incorporated with the subject property as a mixed-use development. The RO-zoned property to the north will continue to serve as transition from the CF zoned parcels (courthouse and parking garage). The adjacent OSSHAD zoning district to the east is considered a mixed-use district and consists of an array of residential uses. Based upon the above, a positive finding can be made with regard to LDR Section 3.2.2(D), that the proposed rezoning will not result in adjacent incompatible land uses. 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; III.C. P & Z Board Staff Report - November 21, 2005 Lighthouse Properly - Corrective Rezoning From RO to RM Page 6 c. That the requested zoning is of similar intensity as allowed under the Future land Use Map and that it is more aDDroDriate for the property based upon circumstances particular to the site and/or neighborhood. The basis for rezoning relates to reason "a"that the rezoning had previously been established in error. The legal description provided with the previous rezoning application to RO was incorrect. Numerous preliminary plans were prepared prior to submittal of the rezoning to RO and FlUM amendment to TRN. The preliminary plans always included the same townhouse layout in anticipation of increasing the density to accommodate workforce housing. The intent was always to limit the RO zoned property as much as possible to comply with the minimum development standards of the RO zone district. While this error was only recently discovered, it is noted the property was zoned RM for many years and the balance of the property to the south is zoned RM, thus there are no issues with regard to compatibility with the surrounding area. While the basis for rezoning relates to reason "a'; the requested zoning is of similar intensity as allowed under the TRN Future land Use Map designation and is more appropriate for the majority of the property based upon circumstances particular to the site and neighborhood to accommodate family/workforce housing. ComDllance - Development under the requested designation will comply with the provisions and requirements of the land Development Regulations. Future redevelopment can occur in accordance with the City's land Development Regulations, Conditional use and site plan applications are currently being processed and are being reviewed for compliance with the lDR. As mentioned earlier, the subject property will be combined with the adjoining parcels to the south and north to accommodate a mixed-use development consisting of approximately 20,000 S.F. of office and 4 residential dwelling units in the mixed- use buildings along with 36 townhomes. Given the above, a positive finding with respect to compliance with the land Development Regulations can be made. Communitv Redevelooment Aaencv (eRA): The CRA reviewed the proposed rezoning and had no objections. Public Notice: Formal public notice has been provided to properly owners within a 500' radius of the subject properly. letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. rt~'1~''":'~ ~~ ~,,,'iJ;~'fl~:;;,,,'cc"A$!1!U"".N'rANb'COf,aCCOSI()N"'" ,~,,'2~1';~~ :7';'''I'''';'C'c I The proposed rezoning from RO to RM is consistent with the goals, objectives and/or policies of the City's Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, and LDR Sections 2.4.5(D)(5), 3.1.1 and 3.2.2(D). Positive findings can be made with respect to Concurrency and Compatibility with the surrounding land uses III.C. P & Z Board Staff Report - November 21, 2005 Lighthouse Property - Corrective Rezoning From RO to RM Page 7 As discussed previously with regard to LDR Sections 2.4.5(D)(5) and 3.2.2(D), the proposed rezoning of the subject property to RM is appropriate. The subject property is located within the boundaries of both the Southwest Area Neighborhood Redevelopment Plan. The proposed rezoning would accomplish these goals as the envisioned development for the subject property entails the provision of workforce housing. Based upon the above, a recommendation of approval should be made to the City Commission for the proposed rezoning. A. Continue with direction. B. Move a recommendation of approval to the City Commission for the privately initiated corrective rezoning from RO to RM 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, the Southwest Area Neighborhood Redevelopment 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 privately initiated corrective rezoning from RO to RM 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, the Southwest Area Neighborhood Redevelopment 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. Move a recommendation of approval to the City Commission for the privately initiated corrective rezoning from RO to RM 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, the Southwest Area Neighborhood Redevelopment 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, subject to the following condition: 1. Verification from the Palm Beach County School District that the proposed rezoning will comply with the adopted level of service for school concurrency. Attachments: Location/Zoning Map Prepared by: Derrick Cook, Planner III.C. [tJ ~ II..... 0111~ "'" .- I III - " - ~~ w > <( -- w > <( - - T "'C - III: ~.II) .w. I' I~ - - - == -..- --. ,~T I l- "'-.. c- -~ I:: -F- CFN (.~ I I L --- f---~- I---- ...- - -- -- itN i!: _ <D -- - I II I-- -- r= =~. ~ r-- L \ NO.1 S.W. II II I Il~ S.W. -- il\ I ...L.....- ~ -~- ---.- S.W. - - - I--- -- 1 - -- - --:--: - T -. - -- ~I n r", ..- 1- .... 3i vi I---- m ~ ll_ - e------ - - '---- ..- ---1-- -- N - CITY OF DELRAY BEACH. FL PLANNING &< ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- LU THER l~ -- - ... ST_ I - == ------- -- 3i---=- :Z -i- Tfl \ II tTl KING JR. w .> <( -- - - --- --~- CF TENNIS STADIUM ATLANTIC POLICE I COMPLEX I. .ll I .-- ~- --- I--- T i - "" vi-- - -~ 1 -- Ir= ! SOU TH COUNTY COUR T HOUSE ST_ II 2ND I -0 Z ___N I :;, ~ CITY HALL _... ..... NO,.... " ~ jlf l/. ;l'H IBM-~Q I---- - ';= f I ,HH: N.E. '"'--- L- 3R 3 - - .- - - - -----i --J I I ===i ~' != --- -_. m_ -- --- ~- --- .-- - - -- --- - 3i f--- ~ l/l "" z COMMUNI TY CEN TER I Hll .W___1S Ilm~1 w n ..... -- --- --- - i I I i II JJ..u.. -- ----- -------i 'r---- I---- ---- - l If--- II II DRIVE .W_ 1ST ST_ N.E. 2ND I')C <( ,. w > o "" (.') w --' "- "- <( w z 0: 7 -;:::::::: I--- - 3RD -- -- -- --- -I-- -I-- - 1--- - I--- }S~)HA ~ > < OLD SCHOOL SQUARE -- 11 AVE~ UE I I []]] TI -0 - 0_ ~_ h ;:- ==1ll S.E. ITIIIJJ --- 1ST 'B ST. r I ~ \1 MERRI TT PARK I ST. - CJ: -- -- I I -- OSR II ST. S.E. I - W :Z l- Vl W ,. w > <( ST. " ^ ! w vi ST_ "'1---- 1--- 1;;/ <<I w, r !;' << 1 ~M I---~ I I ST. - - - I t o tii- - - :e; -,. ,-2T '-- I--- - -_.- -- -- -- -- S.E. -- w vi w vi _n__ - - --- ----- REZONING CODA (FKA LIGHTHOUSE) FROM RO ( RESIDENTIAL/OFFICE) TO RM ( MUL TIPLE FAMILY RESIDENTIAL DENSITY) MAP REF: LM742 18 Boca Raton!D~ray Be~"" ,N.... ~ ThUf>day, December 22,2005 . www'~ws,ooiii 100 ANNOUNCEMENTS ~ LEGAL NOTICES UI'Uf_'~t~ N011CEOfl"WUCHE&IIItG A PUBlIC HEAAING wiU be hekl 00 the ~~~~l~ ~ lEGAL NOTICES OfaranyconMuabonOlSUCl1rr1ee1irJ!,j whichissell7f\heCommission},W1\he. CilyCotrwnisSiooCholmbers.100NW lSlAvenuaOelrayBaach.AOfidaar whi:h lime ,the Cltv Commission wi( ~lhe~~~~ OlliceallheCilyClerkatCi!yHah,lOO NW. lstAWI1ue. Delrayll9;h,AoridiL belweenlt1ehoursof8:OOa.m,andS;OO p.m__~IhroughFrto:lay,e>:mpt hdidavs-A11lnterestlldpartiesarekMt_ :~~.\Whrespoctto O'lDIIWICENO.1H5 AN OROlNANCE OF mE CITY C0M- MISSION Of THE CITY Of D8.RAY BEACH RJJAIDA AMENDING APPEN- OIX "A" Of THE LAND 08/8..0f'MENT AEGULAT1ONS. BYADOfNG ~N'- nONS OF A PUBUC PARKING FACILI- TY AJOO PROGRAMMED PUBLIC PARKrNGFAC1LlTY:AMENOINGSEC- ~ LEGAL NOTICES 1~s1;~t.~~~:~ ~~~E)~.J,.~~ AlTERNAllVEPROV1SlONS FOA !.CCOMMOOATINGREOUIRED PARK- ING. WHEN NOT PflOVlDBJ ON-SITE. PROVIDING ,FOR RENUMBERING- PflOVlOlNG A SAVING ClAUSE-A GENERAL REf'EAl.Bl ClAuSE. AND MEfHCTIVEOATE OflDINANl.:ENO.lJO.05 AAOflDlMNCEOFllEGfTYCOM- MISSION OFlHE CITY OF 08.RAv BEACH. A..OfllDA_ REZONING AND Pl.AClNG lAND f'RESOOlv zoNaJ ~~m:~'WbPJW~ ~:~S~-imSAlOONlANJE~ Sloe OF SW 1st STIlffi, BETWEEN SW 1st AVENue AND SW 2nd ~ LEGAL NoTICES AVl:I'lUt:. A::I MUt\I:; I"AHllU.Jl..AHLY DESCRIBED HEREIN: AM8It01NG "ZONING MAP Of DflfIAy 8EAai A.0fI10AAPRIL2l105';PfI0V10lNGA GENEMLREf'9LERUAUSf.ASAV_ ING CLAUSE AND AN EfFECTIVE DATE OROlNANCENO.81-8'i AN ORDINANCE Of TIlE CITY COM. MISSION Of THE CITY Of08.RAY BfACl-l, R.OR10A, REZONING AND PlACING lAND f'flESENTLv ZONED CBmlALllUSlNESSOISTRICT..flAlL" ROAD CORRIDOR jC8D-AC) DISTRICT i2~~'=l~fAJ:s LOCATED ON THE EAST ANO.WCST SlD€SOfSE2NOAVENUE.ilEl'vVEEN SE1STSTREfTANOSE2NDSTREEr. AS MORE . PARTICULARLY OESCRfBEO HEREIN- AMENDING "ZONING MAP Of 08.AAY BEACH ce -, edAcJ! a..t~~ ttilXIIJAAl'HIL<!I..IU::I.:I'HUVIUINliA GENffiALAEPEALERCLAUSE,ASAV- ING CLAUSE. AND AN EFFECTIVE "IT. OROlPWtCEHO.82-8'i AN OOOlf'WU OF THE CllY COM- M1SSlOtl OF THE CITY OF DELAAY BfACH, R.OOIDA REZOIilNG AND PLAClNGlAND.PRESENllVZONED CENTRALBUSINESSOISTRICT-AAIL- ROAD COflRtDOfl (CBD-AC) DISTRICT ~I~~~~(~~ LOCATED ON M WEST SlOE OF 51: 2ND AVENUE. ....PPAOXlt.IAffiV 76 fEET SOUTHOF.SElSTSTREEr,f<S MORE PARTICUlARLY DESCAlBEO HEJ1BN: M4ENDfNG "ZONING MAP OF ORRAY BEACH_ RORIOA. APRIL 2005": PROVIDING A GENERAL REPEALER CLAUSE A SAVING ClAUSEANOANEFffCTIVEDATE lIRIlINAHCEHO.lI3-05 M OADI!IlAACl: OF THE CITY COM- MISSION OF THE CITY OF 08..RAV BEACH. R.ORIOA REZONING AND PLACING LAND PRESEN11.Y ZOOED ~~lfoveGEN~~~~ ~~~~~~T~~ EAST COANEA OF SOUTH ffi8W.. HIGHWAY (U.S. HIGHWAY NO~ NlO ~~rwJ~~b~ HEREIN; AMENDING "ZONING Mo\P Of OElRAY 8EACH. ROAlD"", APRIL 2005": PROVIDING A GENERAL REPEAlER ClAUSE. A SAVING Cl..Al.JSE,NIOANEFfECTlVEOATE. Pleagebeadvisedlhatila..peI:SOI1 deddesloappea!lI/IYdecisionrNdDby 1heOlyCommissionwld1respl1l;tt;lany matterc:onsicleRidallhesel1enloS, sudlpefflllllmayneedloensurefllla verbalimreconlindude:sthetesli1'loo,' a-u:l~uponwhld1.1heappealis Iobebased.lheatvdolisll(l!prlMde ~_~~05~IllCOf"d-PursuanllO ClTYOFD8..AAYIlfA()l ChevelleD.Nubin """'" PUBUSIt Thors..OecemlIer2l.2005 Boca RaIoIIIDelray Beach News Ad 1126178 FROM: "Ci'1"Y'CO"'1S$loN"p~Mi$lil'I'J.1'"1oN!""""" DA~~D~ ~ANAGER PAUL DORLlNG, DIReJOR OF PLANNING AND ZONING SCOTT D. PAPE, SENIOR PLANNER MEETING OF JANUARY 3, 2006 CONDITIONAL USE REQUEST TO ALLOW AN INCREASE ABOVE 12 DWELLING UNITS PER ACRE (19.6 DUlAC PROPOSED) FOR CODA, A PROPOSED MIXED USE DEVELOPMENT LOCATED AT THE SOUTHWEST CORNER OF SW 1ST STREET AND SW 1ST AVENUE ,"""i'i;\I"';!;" ;"'I~ TO: THRU: SUBJECT: BACKGROUND/PROJecT DESCliUPTION .. 'I The property contains eight single-family homes that were constructed between 1930 and 1940. The structures are currently vacant and were most recently used as a former halfway house known as The Lighthouse. The area of the property totals 1.84 acres and is zoned RM (Medium Density Residential). The development proposal includes the demolition of the existing structures and construction of 36 three- story townhouse units with a cabana and pool. The conditional use request is to allow an increase in density above 12 units per acre as allowed in the Southwest Area Neighborhood Overlay District (19,6 units per acre proposed) in accordance with the provisions of the City's Family/Workforce Housing Ordinance, Under the workforce housing ordinance an increase in density of an additional 14 units is proposed. In utilizing the workforce density bonus tabie the applicant is providing three very low income units off site, and either an additional moderate income unit on or off site or a contribution of $120,000.00 to the Workforce Housing land Trust. It is noted that the applicant is still considering the composition of units to justify the density increase due to changing market issues. The final composition of housing units will be finalized prior to Board approval of the site plan associated with the development. It is noted that the development also includes the northern portion of lots 1 through 10 of the Heisley Estates Subdivision. This portion of the development is zoned RO (Residential Office) and is 0.64 acres (2.45 acres total). The development of these lots will involve the demolition of 3 single family residential units and construction of 2 three-story mixed-use buildings, each containing 9,724 sq. ft. of office space and two residential loft units. Additional background and an analysis of the Conditional Use request are found in the attached Planning and Zoning Board staff report. PLANNING AND zONING SOARb'CON8IbERATioN "I At its meeting of November 21, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. After discussing the proposal, the Board unanimously voted 7-0 to recommend approval to allow the increase of density to 19.6 dwelling units per acre for Coda. 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 criteria set forth in Section 2.4.5(E)(5), 4.4.6(1)[Performance Standards]. Article 4,7 [Workforce Housing] and Chapter 3 of the land Development Regulations, subject to the 16 conditions of approval noted on pages 18 and 19 of the attached Planning and Zoning staff report dated November 21, 2005. Approve the conditional use request to allow for a density increase to 19,6 dwelling units per acre for Coda, 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 criteria set forth in Section 2.4,5(E)(5). 4.4.6(I)[Performance Standards], Article 4.7 [Workforce Housing] and Chapter 3 of the land Development Regulations. subject to the conditions contained in the staff report, Attachment: Planning and Zoning Staff Report and Documentation of November 21, 2005 \ 0 fb ,1- IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR CODA PROPERTY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on January 3, 2006. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the Coda Property. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. ComDrehensive Plan - Future Land Use and MaD: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes No b. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No II. LOR REQUIREMENTS: 1 a. LOR Section 2.4.5(E) Reauired Findinas: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Nor that it will hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No b. Performance Standards for Density Increase: Does the applicant meet the requirements set forth in Section 4.4.6(1), attached hereto, to allow a density in excess of 6 dwelling units per acre to 12 dwelling units per acre? Yes No c. Consistency with Article 4.7 (Workforce Housina): Is the development consistent with and meets the criteria set forth in Article 4.7 (Workforce Housing) of the LOR's in order to allow the applicant a density bonus? Yes No If you answered "yes", what is the amount of the density bonus? dwelling units per acre The total density, based upon (b) and (c), is dwelling units per acre. 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LOR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 2 in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves _ denies _ the conditional use request and hereby adopts this Order this _ day of January, 2006, by a vote of in favor and opposed. Jeff Perlman, Mayor ATTEST: Chevelle Nubin City Clerk 3 LOR Section 4.4.6(1) (I) Performance Standards: (1) These standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exists into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25%_or more; and a hedge, wall or fence is provided as a visual buffer between the properties. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. 4 (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. (2) It is acknowledged that some of the above referenced standards may not be entirely applicable to small, infill type residential projects. For those types of projects, the ultimate density should be based upon the attainment of those standards which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. (3) For vacant property that is proposed for rezoning to RM with a density suffix, the approving body must made a finding that the proposed density is appropriate based upon the future land use map designations of surrounding property as well as the prevailing development pattern of the surrounding area. 5 PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- November 21, 2005 III.D. Conditional Use Request For Coda (Fka Lighthouse) To Allow An Increase In The Residential Density Above 12 Dwelling Units Per Acre (19.57 DulAc Proposed) Pursuant To The City's FamilylWorkforce Housi~ Program, Located South Of SW 1st Street, Between SW 1st Avenue And SW 2 Avenue. MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Applicant..................... New Urban Lighthouse Agent......................... Kevin Rickard Owner......................... New Urban Lighthouse & Delray Beach Community Redevelopment Agency Location.......................... South of SW 1st Street, Between SW 1st Avenue and SW 2nd Avenue Property Size.................. 1.84 acres Future Land Use Map..... MD (Medium Density 5-12 du/ac) Current Zoning............... RM (Medium Density Residential) Adjacent Zoning....North: RO (Residential Office) East: CF (Community Facilities) & OSSHAD (Old School Square Historic Arts District) South: RM (Medium Density Residential) West: RM (Medium Density Residential) Existing Land Use.......... Vacant Residential Proposed Land Use........ Conditional Use Request To Increase The Residential Density Greater Than 12 DulAc (19,57 DulAc) Pursuant To The City's FamilylWorkforce Housing Program Water Service................. Existing on site. Sewer Service................ Existing on site. < -~ g - - - - ~ - - /'l_W.l'}Lil :=: COMMUNITY ~ == Z CENTER _ .- I~ Z TENNIS = ; 1111 II' STAO'UM DID '-- , ;Q!I ^ T l ^ " TIC OTIJ^ V E "I U EI I ~ == POUCE SOUTH := """"" COUNTY ~ - : ~ COURT -_ ! ~ HOUSE _ '= - i ~ t= I ~.~~ ..MS. '" "z~ I 1= AREA 8UB.ECT TOr - ~ I=l~T~~o ;: :t8UUUllLj~.1111 c ; ~ II II "" III =" i ::: . i . Jrmnl _ NAA~ ==IU == hi CITY ATroRNEY IMlTJING WIHER G CITY z HALL - I-- f-- KW. 1ST ST- . ::L 1--= - ~ ocr 1=1 ~ "" "" ~l= 11111 MERRITT ! PARK I--- I I- .1 - ;1 ! 1- ! IT I ~ =... j .~ ". i N .- DRUG ABUSCiFOUNDAJlON ! CT = .L PAL", BEACH COUNTY 111.0. The action before the Board is making a recommendation to the City Commission on the conditional use request for Coda (fka Lighthouse) to allow an increase above 12 dwelling units per acre [LOR Section 4.4.6(0)(12)] (19.5 du/ac proposed), pursuant to LOR Section 2.4.5(E). The property is located at the southwest corner of SW 1st Street and SW 1st Avenue. The property consists of Lots 11 and 26, and the south 8 feet of Lots 1 through 10, inclusive, Heisley Estates Subdivision, being a Subdivision of the North one-half (NY,) of Block 54, together with Lots 5, 6 and 13, Block 54 of the resubdivision of the south one- half of Block 54 of the City of Delray Beach. The area of the property totals 1.84 acres and is zoned RM (Medium Density Residential). The property contains eight single family homes that were constructed between 1930 and 1940. The structures are currently vacant and were most recently used as a boarding room complex known as The Lighthouse, The development proposal includes the demolition of the existing structures and construction of 36 three-story townhouse units with a cabana and pool. The conditional use request is to allow an increase in density above 12 units per acre in the Southwest Area Neighborhood Overlay District (19.4 units per acre proposed) in accordance with the provisions of the City's FamilylWorkforce Housing Ordinance. It is noted that development also includes the northern portion of Lots 1 through 10 of the Heisley Estates Subdivision. This portion of the development is zoned RO (Residential Office) and is 0.64 acres (2.45 acres total). The development of these lots consists of the demolition of 3 single family residential units and construction of 2 three- story mixed-use buildings, (each containing 9,724 sq. ft. of office space and two residential loft units) connected by an elevator. At its meeting of September 21, 2004, the City Commission approved a Small-Scale Future Land Use Map amendment from MD to TRN and Rezoning from RM to RO for the north 0.86 acres of the Lighthouse property. These applications were submitted to accommodate the office component of the proposed mixed-use development. The proposed office use is permissible under RO zoning, but was not allowed under the previous RM zoning. The applicant has submitted a rezoning application to rezone the southern 0.21 acre portion of the RO zoned property back to RM. The purpose of the rezoning is to accommodate the density ratio provisions of the City's FamilylWorkforce Housing Ordinance. This rezoning request is scheduled to be considered by the Planning and Zoning Board at this meeting. The conditional use application is now before the Board for consideration. Planning and Zoning Board Staff Report Coda - Conditional Use Request - November 21. 2005 Page 2 -, ' - ~-- ~L-~- ,-, ','- , ". ~'N-"t ' <' ,;'1 . ;:iF:"!.il~ _ -; ~~ ........_~ ~~"....>;.,,~,~<_......."""~_..l."~"'",~.__~=. __,,dI REQUIRED FINDINGS (Chapter 3): Pursuant to LOR Section 3.1.1 (Required Findings), prior to the 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, 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 Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDRs as noted below. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of MD (Medium Density Residential 5-12 du/ac) and, with the exception of the portion of the property currently being rezoned from RO to RM, is zoned RM (Medium Density Residential). The RM zoning district is consistent with the MD Future Land Use Map designation_ Pursuant to LDR Section 4.4.6(D)(12), multiple family residential development may exceed 12 units per acre, up to a maximum of 24 units per acre, within the Southwest Neighborhood Overlay District defined in Section 4.5_9, subject to the provisions of Section 4.4.6(1), Article 4.7, and based upon the conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. Multiple family residential developments, subject to the Family/Workforce Housing program, are allowed as a conditional use in the RM zoning district. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map, provided the rezoning of the northern portion of the site is approved. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with ,issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Water service is available via service lateral connections to an existing 8" water main located within the SW 1st Street right-of-way, an existing 8" water main located within the SW 1st Avenue right-of-way, and/or an existing 10" water main located within the SW 2nd Avenue right-of-way. There are three (3) fire hydrants within close proximity to the subject property - one (1) on the north side of SW 1st Street and two (2) on the east side of SW 1st Avenue. Sewer service is available via service lateral connection to existing 8" sanitary sewer mains within the SW 1st Street right-of-way, the SW 2nd Avenue right-of-way, and/or the alley bisecting the subject property. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for Coda - Conditional Use Request - November 21, 2005 Page 3 the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainaae: A conceptual engineering plan has been submitted with the conditional use application that indicates that drainage will be provided via sheet flow to catch basins and exfiltration trenches. The outfall of the drainage system is tied to the City's storm water system. There are no problems anticipated in retaining drainage on site and obtaining any/all necessary permits. Traffic: A traffic study has been submitted that indicates that the proposed development, including the officel1ofts and town homes, will generate 44 peak a.m. vehicle trips. The Palm Beach County Traffic Division has considered the traffic generated by the proposed development and has made a finding of concurrency with the Palm Beach County Traffic Performance Standards Ordinance. Per the Palm Beach County Traffic Performance Standards Ordinance, residential projects and the residential portion of mixed-use projects, located east of 1-95, are exempt from traffic concurrency and concurrency is relevant to the non-residential portion of the development. It is noted that the traffic study submitted reflected an earlier version of the development proposal (including the mixed use building), which consisted of 20,220 square feet of office area and 34 multiple family dwelling units. The current proposal consists of 19,448 square feet of office area and 40 multiple family dwelling units (including the entire development proposal), Since the non-exempt portion (office area) of the development has been reduced, the positive finding is unchanged. Parks and Recreation: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts projects may have on City 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 unit for parks and recreation purposes. A total fee of $20,000 will be required of this development (including the four loft units) for parks and recreation purposes. Solid Waste: The proposed 40 multiple family dwelling units will generate 20.8 tons of solid waste per year (40 units x 0.52 tons = 20.8 tons); and the 20,220 square feet of office area will generate 54.59 tons of solid waste per year (20,220 sq. ft. x 5.4 Ibs. / 2,000 = 54.59 tons), for a total of 75.39 tons per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024, thus a positive finding with respect to this level of service standard can be made. Schools: The Palm Beach County School District has considered the development proposal and has forwarded a written finding of concurrency. CONSISTENCY: Compliance with perfonnance standards set forth in Chapter 3 and required findings in LOR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Planning and Zoning Board Staff Report Coda - Conditional Use Request - November 21, 2005 Page 4 Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use application 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 and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no significant environmental characteristics to the subject property. The proposed townhomes will provide a transitional use between the commercial and government related uses along Atlantic Avenue and the single family neighborhood to the south of the subject property. The residential element of the project will add to the customer base for the existing commercial uses along West Atlantic Avenue and aid in the redevelopment of this corridor. The proposed development will enable the fulfillment of remaining land use needs by the provision of workforce housing within the Southwest Area Neighborhood Overlay District as discussed in greater detail with Future Land Use Element Policy C-1. 7. Based upon the above, a positive finding can be made with respect to Future Land Use Element Objective A-1, that the redevelopment of the subject property will be complimentary to adjacent land uses and will fulfill remaining land use needs. As noted in the background section of this report, there are several older existing houses on the subject property. Although several of these houses are contributing structures, they have deteriorated to the point that relocation may be problematic. The applicant should make every effort to ascertain the feasibility of relocating the contributing structures and this is attached as a condition of approval. Future Land Use Element Policv C-1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 1(/1' Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. Many of the parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and Coda - Conditional Use Request - November 21, 2005 Page 5 proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5 is identified as "infill area" consisting of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. The development proposal provides new housing, including workforce housing. The envisioned development will likely improve the safety of the area as well as its long term stability. It will introduce daytime activity (offices) and further nighttime activity (residences), thereby providing more "eyes" to observe what is happening in the area. This should be a deterrent to criminal activity that has been identified as a problem within the Southwest Area Neighborhood. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C-1.7, that the proposed development will fulfill the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan. Housina Obiective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housina Policy A-12.3: In evaluating proposals for new development or redevelopment, 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 noted previously, the proposed development will replace severely deteriorated housing with 36 townhouses that include a common pool and cabana. The workforce housing component will assure that affordable housing will be maintained within the neighborhood. The issues with respect to safety, habitability and stability of the neighborhood should be improved by introducing additional homeowners into the area. PERFORMANCE STANDARDS FOR DENSITY INCREASE: LDR Section 4.4.6 RM Zone District: Pursuant to LDR Section 4.4.6(A) Purpose and Intent: The Medium Density Residential (RM) District provides a residential zoning district with flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units per acre, except within the Southwest Neighborhood Overlay District where the maximum density is 24 dwelling units per acre. The actual density of a Planning and Zoning Board Staff Report Coda - Conditional Use Request - November 21. 2005 Page 6 particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Within the Southwest Neighborhood Overlay District, the Southwest 10th Street Overlay District, and the Carver Estates Overlay District, the actual density is also based upon the development's ability to comply with Article 4.7 (FamilylWorkforce Housing). Further, the Medium Density Residential District provides for implementation of those objectives and policies contained within the Housing Element of the Comprehensive Plan which call for accommodating a variety of housing types. LOR Section 4.4.6(1) Performance Standards: 1) Pursuant to LOR Section 4.4.6(1)(1) These standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. 2) In addition to the above, LOR Section 4.4.6(1)(2), it is acknowledged that some of the above referenced standards may not be entirely applicable to small, infill type residential projects. For those types of projects, the ultimate density should be based upon the attainment of those standards, which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. The proposed internal traffic circulation system contains short segments and loops. The design of these drive aisle will keep traffic speeds below 20 m.p.h. The Coda - Conditional Use Request - November 21, 2005 Page 7 applicant has also provided a raised cross walk in the east-west drive aisle as a traffic calming measure. Based on the above, this performance standard has been met. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. The proposal involves the construction of 3-story townhouses along SW 1st Avenue and SW 2nd Avenue. The groups of townhouses include the required breaks between buildings that front along these roads, which provide landscape opportunities and view corridors into the interior of the development. The design of the project also includes an east/west drive aisle that separates the townhouses from the mixed-use buildings along SW 1 st Street. This drive aisle will provide relief from the massing of the project. Thus, this performance standard has been met. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide ;J meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The surrounding residential zoning is the same as the subject property (RM). Therefore, this performance standard is not applicable. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The applicant describes the town homes as "Bermuda Style." Due to the small plane changes (as little as 2'), the roofs of the townhouses contain no variations in height. The absence of significant plane changes in the buildings will increase the sense of massing on the street. As noted in the background section of this report, the applicant has requested relief from the City's requirement to the 4' offset requirement for townhomes. In lieu of providing a meaningful offset and varying the roof heights, the individual units are distinguished by the use of color, changes in architectural appurtenances such as window changes, balcony design changes, and color scheme. Each unit is also distinguished with an alternating style of opposing hip, gable, and parapet faced gable. The townhouses all utilize the same door style and architectural treatment. Each unit could be better distinguished by alternating the door, window, and light fixture styles, which is attached as a condition of approval. The rear of the units contains few architectural treatments. Planning and Zoning Board Staff Report Coda - Conditional Use Request - November 21.2005 Page 8 The light fixtures above the garages and garage door headers could be varied to distinguish between units, which is also attached as a condition of approval. Based upon the above, the proposal complies with this perfonnance standard provided the conditions of approval are addressed. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The proposed town homes contain a variety of 5 different floor plans with 2 bedrooms. The applicant has indicated that a 3 bedroom option will also be offered. However, the floor plans do not indicate the provision of a third bedroom. The development proposal can meet this perfonnance standard if revised floor plans are submitted that provide a mixture of 3-bedroom standard units; and this is attached as a condition of approval. As submitted, this performance standard has not been met. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas, which provide open space and native habitat, are created and incorporated into the project. The site has no natural areas existing on site. While this performance standard has not been met, typically an infill development of this size (1.81 acres) would not provide a native habitat area. Thus, this standard is not applicable. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. The development provides an extensive pedestrian system that links each unit to the pool area and the public sidewalk system. A bicycle rack needs to be provided adjacent to the pool area and is attached as a condition of approval. This performance standard has been met, subject to the condition that a bicycle rack be provided. In conclusion, a finding of substantial compliance can be made with respect to 2 standards; 4 standards are not applicable; and one standard has not been met. As not all Perfonnance Standards need to be met for a small infill project, the proposed density of 8.6 units per acre can be supported. WORKFORCE HOUSING STANDARDS FOR DENSITY INCREASE: LDR Section 4.7.3 - Provision of Workforce HousinQ Units: Developers will be awarded density bonus units (additional market rate units), beyond the base number allowed per existing zoning ordinance after performance standards have VOOet - \."UIIUIlIUlletl U~e r\e4ue~l - ...UVeIIlUt::1 L..', L..VV;,J Page 9 been met, as an incentive to provide affordable housing units, subject to the limits and requirements of this chapter. a. Developers may earn bonus units by building housing for very low, low or moderate income families within the designated boundaries of the Overlay Districts. b. All development shall meet the requirements for units as specified in this chapter and meet all required Land Development Regulations. c. Workforce units shall include those units in a development, which are regulated in terms of: i. Sales price or rent levels; and ii. Marketing and initial occupancy; and iii. Continued requirements pertaining to resale or rent increases. Section 4.7.4 Densitv Bonus ProQram for the Southwest NeiQhborhood Overlav District Developers of property in the Southwest Neighborhood Overlay District that meet the minimum standards will earn bonus units for building workforce housing for very low, low and moderate income families. d. The bonus allowances are set forth in Table 1 below. TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT OPTION SALE BONUS PER WORKFORCE UNIT PROVIDED VERY LOW 600/0 4 LOW 800/0 - 61 % 3 MODERATE 1200/0 -81 % 2 OPTION _RENT BONUS PER WORKFORCE UNIT PROVIDED VERY LOW 600/0 3 LOW 800/0 - 61 % 2 MODERATE 120% -81 % 1 LARGE HOME OPTION 4+ bedroom workforce housing units Additional 0.5 bonus will be added to the bonus provided above in this chart e. Instead of or in addition to providing workforce housing units, developers may also accrue bonus units by contributing to a housing trust fund that will be utilized to subsidize workforce Planning and Zoning Board Staff Report Coda - Conditional Use Request - November 21, 2005 Page 10 housing in the cDBG target area. Developers may earn one bonus unit for each payment of a sum equal to $60,000 payable to the Family/Workforce Housing Trust. f. Also, instead of or in addition to providing workforce housing units, developers shall earn bonus units by donating land (buildable lots) in the CDBG area of the City Delray Beach to be used for workforce housing. The appraised value of donated land will be valued in accordance with subsection e. above and may be prorated. The appraisal shall be obtained by developer at developer's cost. g. The maximum total density of a development shall not exceed 24 units per acre. There are 36 dwelling units proposed within the RM zoned portion of the property (1.84 acres). This equates to an overall density of 19.6 dwelling units per acre. Following subtraction of the density (12 du/ac) associated with the performance standards (22 dwelling units), the proposed development needl" to provide sufficient workforce housing to justify the additional 14 dwelling units. The applicant has indicated that they will build 3 owner-occupied very low-income housing units that will be integrated on the site. As noted in Table 1 above, the provision of 3 very low income owner-occupied units grants a total of 12 additional units. In addition to these units, the applicant proposes to provide one of the following: ~ Build off-site one moderate-income workforce-housing unit within the Delray Beach CDBG target area, ~ Build one on site moderate-income workforce housing unit on-site, or ~ Make a contribution of $120,000 to the Workforce Housing Land Trust. The provision of an owner-occupied moderate income workforce housing unit on-site or off-site or the $120,000 contribution to the Workforce Housing Land Trust grants an additional 2 dwelling unit bonus (14 total units bonus). Since the minimum bonus to justify per the workforce housing program is 14 dwelling untis, the provision of 3 very low owner occupied units and one moderate income/$120,000 Workforce Housing Land Trust contribution meets the minimum required workforce housing. For Sale Housinq Units Pursuant to LDR Section 4.7.7, there are numerous requirements that apply to the sale of owner-occupied workforce housing units. These stipulations identify the terms under which these units need to be sold such as eligibility, occupancy, and terms of purchase. A condition of approval is attached that the units are sold in accordance with this section. \..ooa - \..onOlllonal use r<;equesl - l'iovemu"r L I, LVVO Page 11 Resale and Subseauent Rentals of Affordable Units Pursuant to LOR Section 4.7.8, to maintain the availability of workforce housing units which may be constructed pursuant to the requirements of this program, numerous restrictions have put into place on the resale of workforce housing. A condition of approval is attached that stipulates the terms of resale of these units and that they be included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County. Workforce Housina General Provisions Location: Pursuant to LOR Section 4.7.9(a), if not located offsite, all workforce housing units, constructed or rehabilitated under this program, shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no .less accessible to public amenities, such as open space, as the market-rate units. The development proposal does not indicate which units will be identified as workforce housing. A condition of approval is attached that the units set-aside as workforce housing be graphically noted on the site plan. Quality: Pursuant to LOR Section 4.7.9(b), workforce housing units, if located within a market rate unit development or located offsite, shall be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and provide them as standard features. A condition of approval is attached that the quality of the workforce units are comparable to the market rate units. Mixture: Pursuant to LOR Section 4.7.9(c), the developer shall endeavor to provide workforce units that include unit types in the same proportion as the market rate housing unit types. The proportion of 2 bedroom workforce units to total workforce units may not exceed the proportion of 2 bedroom market rate units to total market rate units. As noted previously in this report, the townhomes are all 2 bedroom units (100%). Consequently, this requirement has been met since 100% of the workforce units on-site would be 2 bedroom residences. Timing of Construction: Pursuant to LOR Section 4.7.9(d), the construction schedule for workforce housing units shall be consistent with or precede the construction of market rate units. The site plan does not include a phasing proposal. Therefore, all units will be constructed at the same schedule. Planning and Zoning Board Staff Report Coda - Conditional Use Request - November 21, 2005 Page 12 Review and Approval Process: Pursuant to LDR Section 4.7.10(a), final conditions of approval shall specify that the restricted units are priced and/or rented at workforce housing levels and shall state that those units shall be rented and/or sold to the eligible income group. The conditions will also specify the requirements for reporting to the City's Community Improvement Department on buyer eligibility, housing prices, as well as any applicable requirement to record a covenant or to enforce resale restrictions. A condition of approval is attached that requires the reporting to the Community Improvement Department on buyer eligibility and housing prices. LDR SECTION 2.4.5IEl - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City Commission must' make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on the north side by RO (Residential Office) zoning district, on the south and west by RM (Multiple Family Residential) zoning district, and on the east by CF (Community Facilities) and OS SHAD (Old School Square Historic Arts District) zoning district. The adjacent land uses include: a vacant residential building (to be developed as the mixed-use portion of the Coda development) to the north; single family residential to the south; single family residential and parking lot for the South County Courthouse to the west; and St. Paul's Episcopal Church and Sundy House to the east. The proposed townhouses will provide a transition from the more intense commercial and governmental uses along West Atlantic Avenue and the single family residential uses to the south. The additional residents should improve the stability of the neighborhood by increasing the number of "eyes" in the neighborhood. The proposed development is one of the first non-governmental developments in the area. The development activity should have a positive affect on redevelopment of neighboring properties. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E) (5) for the conditional request to increase the density to 19 dwelling units per acre in accordance with the City's Workforce Housing program. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. It is noted that the conceptual plan is insufficient to Coda - Conditional Use Request - NovemOer :l1, :lUUb Page 13 conduct a complete analysis of the Land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with LOR Section 2.4.3 will be required. Based upon staff's review of the sketch plan and site inspections, the following analysis is provided. Townhouses and Townhouse Tvpe of Development: Setbacks: Pursuant to LDR Section 4.3.3(O)(3)(c), setbacks interior to the project with respect to side and rear lot lines shall not be observed; but in-lieu thereof structures (dwelling unit groups) shall not be located closer than twenty-five (25) feet for a two-story structure, nor thirty-feet (30) or a three story, or greater, structure. The proposed separation between the three story townhouses along the east side of the property is 15 feet and 23.67 feet along the west side of the property. The applicant has submitted an internal adjustment request to reduce the separation requirement, which will be considered by the Site Plan Review and Appearance Board during the site plan review process pursuant to LDR Section 2.4.7(C). Design Standards: Pursuant to LDR Section 4.3.3(0)(4)(a), no more than two townhomes may be constructed without providing a front setback of not less than four (4) feet offset front to rear. The proposed offset is approximately 1 foot to 4 foot. The applicant has submitted an internal adjustment request to reduce the building offset requirement, which will be considered by the Site Plan Review and Appearance Board during the site plan review process as a waiver. LOR Section 4.3.4(K} Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the Medium Density Residential (RM) zone district: 900 sq.ft. 40% 25% 1,615 sq.ft. 36% 25% Planning and Zoning Board Staff Report Coda - Conditional Use Request - November 21, 2005 Page 14 Southwest Neighborhood Overlav District Development Standards: The following table indicates that the proposal complies with LOR Section 4.4.6(F)(3Xa) as it pertains to the Medium Density Residential (RM) zone district: Front (SW 15 Avenue) Front (SW 2" Avenue) Side Interior (1 & 2 story) Side Interior (3 story) Recreational Amenities: Pursuant to LOR Section 4.4.6(H)(3), recreational areas shall be required for all new rental apartment developments, and of owner-occupied developments, which have homeowner associations that must care for retention areas, private streets, or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers; features such as a basketball court, volleyball court, and open playfields are appropriate for older children. A pool and clubhouse, unless specifically designed for children, is not considered to meet this requirement. Projects having fewer than 25 units may be exempted from this standard where it is determined by the approving body that it is not practical or feasible to comply. While the project is located in a urban environment, it is reasonable for the development to provide a small tot lot for younger children. There is an opportunity to provide such a facility in the courtyard between the interior townhouses; and this is attached as a condition of approval. Recreational opportunities for older children such as the community center and tennis center are located in close proximity to the development. Parking Requirements: Pursuant to LOR Section 4.6.17(G)(2), the required parking for the 19,448 square feet of office space is 49 parking spaces. Pursuant to LOR Section 4.6.9(C)(1)(c), the required parking for the 40 multiple family dwelling units is 96 parking spaces (145 spaces total). The townhouse units provide two parking spaces within private garages (72 parking spaces). The development proposal provides 37 surface parking spaces on-site. Additionally, the applicant proposes to construct 32 parallel parking spaces within the adjacent public rights-of-way. The proposed text amendment allows for developers to contribute to the cost of the construction of parking spaces in municipal garages within 600' of a proposed development. These spaces would be counted towards their required parking. Pursuant to the aforementioned text amendment, currently under consideration by the City, one- half (16 parking spaces) of the 32 on-street parking spaces are credited toward meeting the development's parking requirements. Coda - Conditional Use Request - November 21, 2005 Page 15 It is noted that the proposed text amendment requires all residential and guest parking be provided on-site. However, the development proposal takes credit for all 32 on-street spaces constructed. Additionally, the development proposal does not provide the eight (8) parking spaces required for the loft units. The site data table must be corrected to incorporate these spaces on site. The reduction of credited spaces from 32 to 16 will increase the number of off-site parking spaces to be purchased from four (4) to twenty (20). Right-of-Way Dedication: Pursuant to Land Development Regulation (LDR) Section 5.3.1, there are required street improvements associated with the proposed development. A dedication of 5-feet will be required for SW 1st Avenue and is attached as a condition of approval. The dedication has been accommodated on the conceptual plan. Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c), a 50' stacking distance is required from the public right-of-way to the first aisleway or parking space. The proposed stacking distance is approximately 15' to the parallel parking spaces in the east-west driveway. The applicant has submitted a waiver to the stacking requirements, which will be considered by the Site Plan Review and Appearance Board during the site plan review process. Unity of Architectural Design: Pursuant to LDR Section 4.4.17(H)(1 )[RO Zoning District Special Regulations], all buildings and structures shall appear to be residential in character regardless of the actual use therein; shall be kept in a sound and attractive condition; and in established neighborhoods, shall be generally compatible in architectural style and scale with the surrounding area. While the mixed-use building is not technically part of the conditional use application, it is part of a unified development proposal. The modernistic interpretation of this building does not represent an architecture typically associated with a residential development. The applicant has indicated that this building is appropriate based on the architecture of the neighboring Courthouse, City Library, and parking garage to the north. However, this architecture is not appropriate to the RO zoning district, which requires a residential character to buildings. Furthermore, pursuant to LDR Section 4.6.18(B)(1), buildings or structures which are a part of a present or future group or complex shall have a unity of character and design. The relationship of forms and the use, texture, and color of materials shall be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects the future of an established section of the City, the design, scale and location on the site shall enhance rather than detract from the character, value, and attractiveness of the surroundings. The relationship of the modernist architectural style for the mixed-use building does not provide a unity of character or design. A vernacular style similar to the Sundy House or the "Bermuda" style would be more appropriate for this building and is attached as a condition of approval. Planning and Zoning Board Staff Report Coda - Conditional Use Request - November 21, 2005 Page 16 Balcony Encroachment: Pursuant to LDR Section 4.3.4(H)(4), balconies are allowed to encroach up to 3' into a required setback. The proposed balconies on the Townhomes encroach 6' into the required setbacks. A condition of approval is attached that the balconies are redesigned to encroach up to a maximum of 3' into the required setback. Standard Aisle Width: Pursuant to LDR Section 4.6.9(D)(4)(d), the standard aisle width for perpendicular parking is 24' and 22' is proposed for the loop road. It is noted that the functional area between the garages on both sides of the loop road is 30'. The City has approved several width reductions such as Mallory Square, which had the same dimensions. The applicant has submitted an internal adjustment request, which will be considered by the Site Plan Review and Appearance Board during the site plan review process. Maneuvering Area: Pursuant to LDR Section 4.6.9(D)(4)(c). a 6' by 24' maneuvering area is required for dead-end parking bays. This maneuvering area is required at the southwest corner of the property adjacent to the pool area. A condition of approval is attached that the 6' by 24' maneuvering area is provided at this area. Community Redevelopment Aaencv (CRA): At its meeting of September 23, 2005, the CRA reviewed the conditional use request and recommended approval with the condition that the parking issue be resolved. Site Plan Review and Appearance Board: If the Conditional Use requests are approved, a site plan application will be processed for the development proposal, with final action by SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: :P Neighborhood Advisory Council :P Ebony :P Progressive Residents of Delray (PROD) :P President's Council :P Merritt Park - - Coda - Conditional Use Request - November 21, 2005 Page 17 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Any letters of support or objection will be presented at the Planning and Zoning Board meeting. - - J \'~i~~~1:1"1::~L'ir/,:,- f~ . .'~l~l~' ,..:'~ "~ ~ ~_~ _'~_"~~'~'~"'-t.=-~ ~..:;,;;~:.~~'1'....i'i..';:'"",~~~,~l(~";;-",,~~-,-~~- ~~-'-~-' ._~ As described in this staff report, the increase in density can be supported since the proposed development complies with the applicable performance standards (subject to conditions of approval), except for the provision of a variety of units types. The applicant has indicated that a 3-bedroom option will be available, but does not provide a floor plan for this unit. This performance standard can be met if floor plans are provided for 3-bedrooms as a standard unit, and this is attached as a condition of approval. The development proposal also complies with the Workforce Housing program. The applicant proposes to provide three very low units within the development and one moderate unit via off-site, on-site or through monetary contribution. The development proposal will also take advantage of a privately initiated text amendment to contribute to a City parking facility to meet the minimum parking demand for the project. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to LDR Section 2.4.5(E)(5) regarding compatibility of the proposed development with the surrounding properties regarding the requested increase in density. A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the conditional use request to allow for a density increase to 19.60 dwelling units per acre for Coda, 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 criteria set forth in Section 2.4.5(E)(5), 4.4.6(1)[Performance Standards], Article 4.7(Workforce Housing] and Chapter 3 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the conditional use request to allow for a density increase to 19.60 dwelling units per acre Coda, 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 criteria set forth in Section 2.4.5(E)(5), 4.4.6(1)[Performance Standards], Article 4.7 (Workforce Housing] and Chapter 3 of the Land Development Regulations. Planning and Zoning Board Staff Report Coda - Conditional Use Request - November 21, 2005 Page 18 ,- _..~- ~~ -- ,~^'~ - -,~- - - =~...........,.......~"""~__~~~__~"......-=--~~_~__ __ ~_~_. '-:~_~-2._~ ~ __"L___'........~_,__~.> __I Move a recommendation of approval to the City Commission for the conditional use request to allow for a density increase to 19.60 dwelling units per acre for Coda, 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 criteria set forth in Section 2.4.5(E)(5), 4.4.6(1)[Performance Standards], Article 4.7 [Workforce Housing] and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" - Technical Items" attached in the staff report; 2. That the applicant ascertains the feasibility of relocating the existing contributing structures. 3. The revised floor plans are provided for mixture of the total townhouse units as a 3- bedroom standard unit. 4. That each unit be better distinguished by alternating the door, window, and light fixture styles. 5. That additional architectural treatments are added to the rear of the units. 6. That the light fixtures and garage door treatments be varied to distinguish between units. 7. That the units to be set-aside as workforce housing be graphically noted on the site plan. 8. That the workforce housing units are sold in accordance with Article 4.7. 9. That the terms of resale of the workforce housing units be included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County. 10. That the quality of the workforce units is comparable to the market rate units. 11. That the applicant shall report to the Community Improvement Department on buyer eligibility and housing prices. 12. That a recreational facility for tots be provided on-site. 13. That a dedication of 5-feet be provided for SW 1st Avenue. 14.That the balconies are redesigned to encroach up to a maximum of 3' into the required setback. Coda - Conditional Use Request - November 21, 2005 Page 19 15. That bicycle racks are provided for the mixed-use building in accordance with Transportation Element Policy 0-2.2. 16.That the required 6' by 24' maneuvering area is provided within the dead-end parking area at the southwest comer of the property. Attachments: . Exhibit. A" . Conceptual Plans . Location Map Report prepared by: Scott D. Paoe. Senior Planner Planning and Zoning Board Staff Report Coda - Conditional Use Request - November 21, 2005 Page 20 1. There shall be no lot premiums charged on the workforce housing units. 2. That the building elevations are revised to indicate the height of the building based on LDR Section 4.3.4(J). 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