Ord 82-05
ORDINANCE NO. 82-05
AN ORDINANCE OF THE CIlY COMMISSION OF THE
CIlY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED CENTRAL
BUSINESS DISTRICT -RAILROAD CORRIDOR (CBD-RC)
DISTRICT TO CENTRAL BUSINESS (CBD) DISTRICT;
SAID LAND BEING A PARCEL LOCATED ON THE WEST
SIDE OF SE 2ND AVENUE, APPROXIMATELY 76 FEET
SOUTH OF SE 1ST STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April 2005, as being zoned Central Business District -Railroad
Corridor (CBD-RC) 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 CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of Central Business (CBD) District for the
following described property:
The South 7 feet of Lot 9, and Lots 10 through 12 inclusive, together with the North 37 feet
of Lot 13, all lying in Block 78, City of Delray Beach, formerly known as the Town of
Linton, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in
and for Palm Beach County, Florida, in Plat Book 1 Page 3
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.
3~ PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of~\.\M) .20010..
8~y~!.z.
ATTEST
~.~ ~. ~\~:~
City Clerk
First Reading e\ ls\QcS
Second Reading " ~Olo
2
ORD NO. 82-05
MEMORANDUM
TO:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER uM.
AGENDA ITEM # 'OL REGULAR MEETING OF JANUARY 3.2006
ORDINANCE NO. 82-05
FROM:
SUBJECT:
DATE:
DECEMBER 30, 2005
This Ordinance is before Commission for second reading and q1lasij1ldiciaJ hearing for a privately
initiated rezoning from CBD-RC (Central Business District-Railroad Corridor) to CBD (Central
Business District) for the south seven (7) feet of Lot 9, and Lots 10 through 12 inclusive, together
with the north thirty-seven (37) feet of Lot 13; lying in Block 78 totaling 0.85 acres, located along
the west side of S.E. 2nd Avenue, between S.E. 1" Street and S.E. 2nd Street.
The property is within the Railroad Corridor area of the CBD-RC district and contains a one-story,
4,410 sq. ft. retail store building built in 1962; a 5,508 sq. ft. warehouse distribution facility built in
1959; and a one-story, 1,440 sq. ft. warehouse structure built in 1961. All three structures are to be
demolished and replaced with a proposed multiple family residential development known as Atlantic
Shores. This development is seeking a height in excess of 48' which is currendy allowed in CBD
and not in CBD-RC.
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. Staff recommends approval based upon the findings of fact and law contained in the
staff report; positive findings with respect to the Goals, Objectives, and Policies of the
Comprehensive Plan; and finding that the request 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(0)(5) (Rezoning Findings).
At the first reading on December 13, 2005, the City Commission passed Ordinance No. 82-05.
Recommend approval of Ordinance No. 82-05 on second and final reading.
S,\C;ty Cle<k\ogenda m=os\Oni 82-05 Lois 9-12 Rezonffig 010306
/l1r5 ~
~i0~~_i~iufii;~I~~;i3'~~~i~J~~ii~2if:J0 '~'ffffi:gi~~3~>>'iE'i~~;f;'lGdWjl
TO: .o~ DE CITY MANAGER
THRU, ;;r.JL DORlING, 01 TOR OF PLAN]G ANDZON~
FROM: ESTELIO BRETO, SENIOR PLANNER' I~~'
SUBJECT: MEETING OF DECEMBER 13, 2005
PRIVATELY INITIATED REZONING FROM CBD-RC TO CBD FOR THE SOUTH 7 FEET
OF LOT 9. AND LOTS 10 THROUGH 12 INCLUSIVE, TOGETHER WITH THE NORTH 37
FEET OF LOT 13, ALL LYING IN BLOCK 78. TOTALING 0.85 ACRES AND LOCATED
ALONG THE WEST SIDES OF S.E. 2ND AVENUE BETWEEN S.E. 1ST STREET AND S.E.
2ND STREET.
The proposal is a privately initiated rezoning from CBD-RC (Central Business District - Railroad Corridor) to
CBD (Central Business District) for a 0.85 acres site more particularly described as the south 7 feet of Lot 9,
and 10 through 12 inclusive, together with the north 37 feet of Lot 13 of Block 78.
The 0.85 acre site is within the Railroad Corridor area of the Central Business District (CBD-RC) and
contains: a one-story 4,410 sq. ft. retail store building built in 1962, a 5,508 sq. ft. warehouse distribution
facility built in 1959, and a one-story 1,440 sq. ft warehouse structure built in 1961. All three structures are
to be demolished and replaced with a proposed multiple family residential development known as Atlantic
Shores. This development is seeking a height in excess of 48' which is currently allowed in CBD and not in
CBD-RC. Additional background and analysis of the request are found in the attached Planning and Zoning
Board Staff Report.
tt'~':'::~:'~';-'",,3"~ ;:.~'~' f)lAt4NJ~GciAN.f) ZOllliN(r~8Q~~~IIQ"~_, <'- )=/ y,' · ;.. ..... 'W1
At its meeting of November 21, 2005, the Planning and Zoning Board held a public hearing in conjunction
with the rezoning request. There was no public testimony for or against the privately initiated rezoning.
After reviewing the staff report and discussing the proposal the Board unanimously voted 7-0 to
recommend approval of the rezoning from CBD-RC (Central Business District - Railroad Corridor) to CBD
(Central Business District) for the 0.85 acres site located along the west side of S.E. 2nd Avenue between
S.E. 1st Street and S.E. 2nd Street, based on positive findings with respect to LOR Section 3.1.1 (Required
Findings), LOR Section 2.4.5(0)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the
Comprehensive Plan.
t'"~ T-"'f"'~:'~_:.,;:' .:, """'.,'::.'::c:~~;, ::;~;~REC<)M.liIDEo;~~T.JOtl:.i"'-:_ .,.. " . .. .. ...cg,... . . 5i'; .:W= . ,. -..... , .1
By motion, approve on first reading the ordinance to rezone the property from CBD-RC (Central Business
District - Railroad Corridor) to CBD (Central Business District) based upon the findings of fact and law
contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and
meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land Development Regulations.
Attachments:
Staff Report prepared for the P & Z meeting of November 21.2005. Location Map & Proposed Ordinance
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ATLANTIC SHORES REZONING
m PRIVATELY INITIATED REZONING BY ATLANTIC SHORES DEVELOPMENT
MAP REF: LM882
ORDINANCE NO. 82-05
AN ORDINANCE OF THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED CENTRAL
BUSINESS DISTRICT -RAILROAD CORRIDOR (CBD-RC)
DISTRICT TO CENTRAL BUSINESS (CBD) DISTRICT;
SAID LAND BEING A PARCEL LOCATED ON THE WEST
SIDE OF SE 2ND AVENUE, APPROXIMATELY 76 FEET
SOUTH OF SE 1S!' STREET, 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 Central Business District -Railroad
Corridor (CBD-RC) 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 CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of Central Business (CBD) District for the
following described property:
The South 7 feet of Lot 9, and Lots 10 through 12 inclusive, together with the North 37 feet
of Lot 13, all lying in Block 78, City of Delray Beach, formerly known as the Town of
Linton, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in
and for Pahn Beach County, Florida, in Plat Book 1 Page 3
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_.
ATTEIT MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO. 82-05
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ___
MEETING DATE:
AGENDA ITEM:
ITEM:
November 21, 2005
III. E.
A privately sponsored rezoning involving a portion of Lot 9, 10, 11, 12, and a
portion of Lot 13 of Block 78; and a City initiated rezoning involving a portion of
Lot 9 Block 78. the South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block
78, the South 58 feet of Lot 14 Block 78, Lots 15 and-16 Block 78, and a portion
Block 86. Both rezonings are from Central Business District - Railway Corridor
(CBD-RC) to Central Business District (CBD) (Quasi-Judicial Hearing).
-! II,
N_E 2NO ST
GENERAL DATA:
Owner/Applicant............ Nate Hollander
Agent............................. Weiner & Aronson, P.A.
Location......................... Along East and West Side of SE
2nd Avenue, Approximately 80'
South of SE 1" Street.
Property Size................. 0.85 Acres
Future Land Use Map.... Commercial Core (CC)
Current Zoning............... Central Business District Railway
Corridor(CBD-RC)
Adjacent Zoning North: Central Business District (CBD)
South: Central Business District Railway
Corridor(CBD-RC)
East: Central Business District (CBD)
West: Central Business District (CBD)
Existing Land Use.......... Retail stores and warehouse
distribution facilities.
Proposed Land Use....... Multiple Family Residential
Water Service................ Available Via a service lateral
connection to the existing 8" water
main located within the SE 2nd
Avenue right-of-way.
Sewer Service................ Available via a service lateral
connection to the existing 8"
sanitary sewer main located within
the adjacent alley to the west.
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III. E.
ITEM BEFORE THE BOARD
I
The action before the Board is that of making a recommendation to the City Commission on a
City initiated rezoning which includes five different parcels involving a portion of Lots 9, 13, and
14 of Block 78, Lots 15 and 16 of Block 78 and a portion of Block 86, and is in conjunction with
a privately initiated rezoning (a portion of Lot 9, 10, 11, 12, and a portion of Lot 13 of Block 78).
The City initiated rezoning areas are located along the east and west sides of S.E. 2nd Avenue.
The change in zoning is from CBD-RC (Central Business District - Railway Corridor) to CBD
(Central Business District). -
Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning and Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
BACKGROUND
I
The proposal involves two sites:
1) A privately initiated rezoning from CBD-RC (Central Business District - Railway Corridor) to
CBD (Central Business District) of five different parcels involving 0.85 acres site which
includes:
. The south 7' of Lot 9, Lot 10 and the north 53' of Lot 11, Block 78, Delray Beach (0.425
Acre);
. The south 23.5' feet of Lot 11, and Lot 12, less the south 23.5 feet of said Lot 12, Block
78, City of Delray Beach, formerly known as the Town of Linton (0.236 acre);
. The south 23.5 feet of Lot 12, and the north 37 feet of Lot 13. Block 78, of Delray
Beach; and
2) A City initiated rezoning from CBD-RC (Central Business District - Railway Corridor) to CBD
(Central Business District) from 0.757 acres site which involves:
. The North 69.5 feet of Lot 9 Block 78, containing a total of 0.22 acre.
. The South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78, containing a total
of 0.044 acre.
. The South 58 feet of Lot 14 Block 78, containing a total of 0.036 acre.
. Lots 15 and 16 Block 78, containing a total of 0.304 acre.
. All West of Railway Block 86 (Jess the North 25 feet of the street right-of-way),
containing a total of 0.153 acre.
The privately initiated 0.85 acre site is within the Railway Corridor area of the Central Business
District (CBD-RC) and contains: a one-story 4,410 sq. ft. retail store building built in 1962, a
5,508 sq. ft. warehouse distribution facility built in 1959, and a one-story 1,440 sq. ft warehouse
structure built in 1961. All three structures are to be demolished and replaced with a proposed
multiple family residential development known as Atlantic Shores. A conditional use request is
also included on this agenda to allow an increase height to 60'. The overlay zones which allow
this increase are limited to CBD and not the current CBD-RC designation.
The 0.76 acre City initiated site is also within the Railway Corridor area of the Central Business
District (CBD-RC) and contains: a one-story 2,311 sq. ft. food processing building built in 1999,
a 1,936 sq. ft. warehouse facility built in 1967, a one-story 1,560 sq. ft warehouse structure built
III. E.
Planning and Zoning Boarc' 3ff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
in 1967, and a 13,250 sq. ft. warehouse distribution building built in1947. The proposed
rezoning requests are now before the Board for action.
ZONING ANALYSIS
I
REQUIRED FINDINGS:
Pursuant to LOR Section 3.1.1, 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 the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency and Compliance with the Land Development
Regulations.
D 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 proposed zoning designation of CBD (Central Business District) is consistent with the
proposed Commercial Core (CC) FLUM designation, and mixed-use developments are
allowed as a permitted use within the CBD zoning district. Based on the above, positive
findings can be made with respect to FLUM consistency.
D Concurrency: Concurrency, as defined pursuant to Objective B-2 of the Future 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 in order to maintain the Levels of Service Standards
established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of
Delray Beach.
The proposal involves amending the zoning designations from Central Business District
(CBD-RC) to CBD (Central Business District) on several adjoining parcels, which totals
approximately 1.607 acres. Concurrency findings with respect to Drainage, Parks and
Recreation, Solid Waste, Streets and Traffic, and Water and Sewer are discussed below:
Drainaqe: With a rezoning request drainage plans are not required. With redevelopment of
the site, drainage plans will be submitted; however there are no problems anticipated in
retaining drainage on site and obtaining any/all necessary permits.
Parks and Open Space: The Open Space and Recreation Element of the City's
Comprehensive Plan indicates in the conclusion that "The City will have sufficient recreation
facilities at build-out to meet the adopted standards". Non-residential uses are not
considered to have an impact on the City's Parks and Recreation facilities. However, any
proposed residential dwelling units would be assessed a Parks and Recreation impact fee
of $500 per unit at the time of building permit.
Solid Waste: The Solid Waste Authority has indicated that its facilities have sufficient
capacity to handle all development proposals until the year 2021.
2
III.E.
Planning and Zoning Boarcaff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning trom CBD-RC to CBD
Streets and Traffic: The subject property is located within the City's Transportation
Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD,
and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described
areas from complying .with the Palm Beach County Traffic Performance Standards
Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a
traffic statement is necessary to keep a record of trips approved in the TCEA and for
calculation of traffic impact fees. A traffic statement was submitted for the generation of 39
AM peak hour trips and 45 PM peak hour trips.
Water and Sewer: Water service is available via service lateral connections to an existing
8" water main within S.E. 2nd Avenue right-of-way. Two (2) fire hydrants presently exist on
the west side of S.E. 2nd Avenue: one at the northeast side of the property and a second
one on the southeast side of the site. Sewer service is available via service lateral
connections to an existing 8" sanitary sewer main within the west alley right-of-way.
Pursuant to the 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.
o Consistency: Compliance with the performance standards set forth in LDR Section
3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), shall be the basis
upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding
of overall consistency.
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:
(D) That the rezoning shall result in allowing land uses which are deemed compatible
with adjacent and nearby land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
The following table identifies the zoning designations and uses that are adjacent to the
subject property:
Zonino: Use:
North Central Business District (CBD) Food Processing Company
South Central Business District-Railroad Corridor (CBD-RC) Warehouse/Distribution
East Central Business District (CBD) Stores/Commercial/Retail
West Central Business District (CBD) Future Site of Miraflores Residential
Develooment
As noted in the above table, the surrounding properties are zoned either CBD or CBD-RC, and
pursuant to LOR Section 4.4.28, many of the permitted and conditional uses within the CBD are
allowable within the CBD-RC. Given the sites location along the railroad tracks and adjacent
CBD areas, it would appear this area should be considered as an area where increased height
could be considered. To achieve this, the CBD-RC (Central Business District - Railway
Corridor) designation could be modified to be included in the areas allowing the increases or
the area could be rezoned to CBD (Central Business District). Given the prevailing land use
3
III.E.
Planning and Zoning BoarG aff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
pattems it appears more appropriate to modify the zoning to CBD. Therefore, the proposed
rezoning of the subject property from Central Business District (CBD-RC) to Central Business
District (CBD) poses no incompatibilities with the surrounding properties. The development
proposal will significantly enhance the aesthetics of the subject property unifying several
parcels under a single development. Further, the neighborhood and the downtown as a whole
will benefit by the inclusion of new residential dwelling units. Based upon the above, positive
findings with regard to LOR Section 3.2.2(0) could be made.
LDR Section 2.4.5ID) IS) - Rezoninq Findinqs:
Pursuant to LOR Section 2.4.5(0) (5), in addition to provIsions of Chapter Three, the City
Commission must make a finding that the rezoning fulfills one of the reasons for which the
rezoning change is being sought. These reasons include the following:
(a) That the zoning had previously been changed, or was originally established, in error;
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future Land Use
Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The following is an excerpt from the applicant's justification statement:
''Although the zoning has not been previously changed or originally established in error,
we believe that the planning policy which states that the SUbject property is not entitled
to receive a bonus for additional height, as its neighboring CBO properties, is a policy
error. Obviously, one of the places the City Commission has continued to support
height increases are properties on the railroad tracks. Therefore the fact that this
property is not entitled to an increase in height under Section 4.3.4(J)(4) of the LOR's is
indeed an error which was overlooked at the time the Ordinance was approved.
There has been a change in circumstances which makes the current zoning
inappropriate. The property directly to the east, which is located in the CBO District,
recently received approvals for increased height and density. It is inappropriate that
LOR Section 4.3.4(J)(4) does not allow the subject property on the rail road tracks to be
eligible for an increase in height even though the requirements under the LOR's are met.
Thus, the current zoning is inappropriate".
The requested zoning is of similar intensity as allowed under the Future Land Use Map
and is more appropriate for the subject property based upon circumstances particular to
the site and/or neighborhood. As previously stated, the property directly to the east is
already zoned CBO. Moreover, the Future Land Use Map already designates both of
these properties as Commercial Core (CC). In order to match the zoning map with the
Future Land Use Map, it is more appropriate for the subject property based upon the
circumstances particular to the site and neighborhood to be zoned CBO (Central
Business District) and should be entitled to receive approval for additional height ".
According to the applicant, the basis for which the rezoning is being sought relates to reasons
(a), (b) and (c). While staff disagrees with the applicant that the inability to seek conditional use
approval to increase height on this parcel is a policy error, the sites' location along the railroad
4
III.E.
Planning and Zoning Board aft Report: Meeting of 11/21/05
Atlantic Shores - Rezoning trom CBD-RC to CBD
tracks and its proximity to adjacent CBD areas would appear to make this area as one where
increased height could be considered. The change in circumstances, in relation to the
prevailing land use patterns to the east, also appears to indicate that it is more appropriate to
modify the zoning of the subject property to CBD.
If consideration is given to modify the zoning designations, then a designation consistent with
the prevailing Future Land Use Map designation of Commercial Core (CC) to the north and
west should be given. The proposed FLUM (CC) and zoning (CBD) designations are of
identical intensity as the surrounding properties. Further, the zoning is appropriate for the
subject property as it will further the goals and objectives of the Downtown Delray Beach Master
Plan and Comprehensive Plan by enabling the provision of additional housing in the downtown
area. Thus, the request fulfills the necessary rezoning findings as per LOR Section 2.4.5(0)
(5).
COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the
adopted Comprehensive Plan was conducted and the following applicable objectives
and policies are noted:
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.
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.
The proposed CBD zoning will be complimentary with the future surrounding residential and
commercial developments (Miraflores, Bamboo North/South, and The Strand) and provide a
customer base for the businesses on a year-round basis, which in turn will provide economic
stability and growth for the downtown area.
In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan
states the following:
"One of the most important objectives of the City's overall housing policy is the
establishment of housing in the downtown area. In the years since adoption ofthe 1989
Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally
oriented shopping district to a vibrant year-round retail, service, and entertainment area
with an active nightlife. A critical missing element is a significant housing development.
The City recognizes the importance of providing housing in close proximity to shopping,
employment, and transportation. and the need to have a residential base to support the
businesses in the downtown area".
The proposed CBD zoning of the subject property will help to fulfill this stated land use need by
allowing residential dwelling units in the downtown area in close proximity to shopping and
place of work, and is therefore consistent with this policy.
HousinQ Element Obiective B-2: Redevelopment and the development of new land shall
result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's demographic profile, and meet the
5
III.E.
Planning and Zoning Board Iff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
housing needs identified in this Element. Policies, which will implement this objective,
include:
HousinQ Element Policv .B-2.6: Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order to help
stimulate demand for new housing in and around the Central Business District, the
development of new rental housing projects outside of the TCEA and North Federal
Highway area is discouraged.
The proposed CBD zoning of the subject property is consistent with Housing Element Policy B-
2.6 as it will allow the desired type of residential development within the CBD, while the current
CBD-RC zoning does not allow to seek conditional use approval to increase height to 60'.
HousinQ 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 noted previously, the proposed CBD zoning of the subject property will aid in the
revitalization and economic stability of the downtown area. The introduction of additional
residential dwelling units will increase safety of the area by introducing more night time activity
and more "eyes on the street" as a deterrent to criminal behavior.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Future redevelopment of the 0.85 (privately initiated rezoning) acre parcel of land can occur in
accordance with the City's Land Development Regulations. During the site plan review process
the development proposal will be reviewed for compliance with the LOR. The applicant has
indicated intent to develop the subject property multiple family residential development which
will include the construction of a five-story residential building with a 64 spaces parking garage
on the ground floor; installation of 6 parallel parking spaces along 2nd Avenue; and residential
dwelling units on the second, third, fourth and fifth levels (35 dwelling units in total). The
proposal is permissible under the proposed CBD zoning designation. A conditional use approval
is being sought by the applicant to allow an increase in density to 41.30 du/ac and an increase
in height from 48 to 60 feet (also on this agenda for consideration). At this time, no issues have
been identified which would prohibit compliance with the requirements of the CBD zoning
district. Given the above, a positive finding with respect to compliance with the Land
Development Regulations can be assumed.
REVIEW BY OTHERS
I
Community Redevelopment Agency:
The Community Redevelopment Agency (CRA) reviewed the rezoning request at its meeting of
November 11, 2005. The Board recommended approval of the rezoning requests from Central
Business District - Railway Corridor (CBD-RC) to Central Business District (CBD) by a vote of 5
to O.
6
III.E.
Planning and Zoning Board 1ft Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
Downtown Development Authority:
The Downtown Development Authority (DDA) reviewed the rezoning request at its meeting of
November 14, 2005. The Board recommended approval of the rezoning requests from Central
Business District - Railway Corridor (CBD-RC) to Central Business District (CBD).
Site Plan Review and Appearance Board (SPRAB):
If the rezoning and conditional use requests are granted, a site plan application addressing the
outstanding technical comments would need to be approved by the SPRAB. Final action on the
site plan will rest with the SPRAB.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Bill Wood, Delray Beach Chamber of Commerce
o Carolyn Zimmerman, President's Council
o Gerry Franciosa, Progressive Residents of Delray (P.RO.D.)
o Gail-Lee McDermott, Osceola Park
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
ASSESSMENT AND CONCLUSION
I
The proposed rezoning from Central Business District - Railway Corridor (CBD-RC) to Central
Business District (CBD) is consistent with the goals, objectives and/or policies of the Downtown
Delray Beach Master Plan, Comprehensive Plan, and LOR Sections 2.4.5(0) (5). 3.1.1 and
3.2.2(0). Positive findings can be made with respect to Concurrency and Compatibility with the
surrounding land uses. The rezoning will also allow a multiple family residential development
which will include the construction of a five-story residential building with a 64 spaces parking
garage on the ground floor; installation of 6 parallel parking spaces along 20d Avenue; and
residential dwelling units on the second, third, fourth and fifth levels (35 dwelling units in total).
This development proposal would also result in the fulfillment of Housing Element Policy B-2.6
of the Comprehensive Plan which indicates the provision of housing in and near the downtown
area as a critical need. Based upon the above, the proposed rezoning should be recommended
for approval.
ALTERNATIVE ACTIONS
I
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for:
. A privately sponsored rezoning involving a portion of Lot 9, 10, 11, 12, and a portion of
Lot 13 of Block 78 from Central Business District - Railway Corridor (CBD-RC) to
7
III.E.
Planning and Zoning Board 3ff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning trom CBD-RC to CBD
Central Business District (CBD). The properties are located on the east side of S.E. 2nd
Avenue, 80 feet south of S.E. 1st Street (approximately 0.85 acres); and
. A City initiated rezoning involving five parcels of land that consists of:
1. The North 69.5 feet of Lot 9 Block 78, containing a total of 0.22 acres.
2. The South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78, containing
a total of 0.044 acres.
3. The South 58 feet of Lot 14 Block 78. containing a total of (}.036 acres.
4. Lots 15 and 16 Block 78, containing a total of 0.304 acres.
5. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acres.
from Central Business District - Railway Corridor (CBD-RC) to Central Business District
(CBD) for the properties described above, by adopting the findings of fact and law contained
in the staff report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and
3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for
. A privately sponsored rezoning involving a portion of Lot 9, 10, 11, 12, and a portion of
Lot 13 of Block 78 from Central Business District - Railway Corridor (CBD-RC) to
Central Business District (CBD). The properties are located on the east side of S.E. 2nd
Avenue, 80 feet south of S.E. 1st Street (approximately 0.85 acres); and
. A City initiated rezoning involving five parcels of land that consists of:
1. The North 69.5 feet of Lot 9 Block 78, containing a total of 0.22 acres.
2. The South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78, containing
a total of 0.044 acres.
3. The South 58 feet of Lot 14 Block 78, containing a total of 0.036 acres.
4. Lots 15 and 16 Block 78, containing a total of 0.304 acres.
5. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acres.
RECOMMENDED ACTION
I
Move a recommendation of approval to the City Commission for the privately sponsored
req uest for:
. A privately sponsored rezoning involving a portion of Lot 9, 10, 11, 12, and a portion of
Lot 13 of Block 78 from Central Business District - Railway Corridor (CBD-RC) to
Central Business District (CBD). The properties are located on the east side of S.E. 2nd
Avenue, 80 feet south of S.E. 1st Street (approximately 0.85 acres); and
. A City initiated rezoning involving five parcels of land that consists of:
1. The North 69.5 feet of Lot 9 Block 78, containing a total of 0.22 acres.
2. The South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78, containing
a total of 0.044 acres.
8
III.E.
Planning and Zoning Boarc aff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
3. The South 58 feet of Lot 14 Block 78, containing a total of 0.036 acres.
4. Lots 15 and 16 Block 78, containing a total of 0.304 acres.
5. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acres.
from Central Business District - Railway Corridor (CBD-RC) to Central Business District (CBD)
for the properties described above, by adopting the findings of fact and law contained in the
staff report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0) (6), 3.1.1 and 3.2.2 of
the Land Development Regulations.
Attachments: Location Map
staff Report Prepared by: Estelio Breta, Senior Planner
9
III.E.
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8oolRatonIOeIrayBeachNews
Adf126178
CITY COMMISSION DOCUMENTATION
Df1
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TO:
R OF PLANNING AND ZONING
THRU:
FROM:
ESTELlO BRETO, SENIOR PLANNER
MEETING OF JANUARY 3, 2006
CONDITIONAL USE REQUESTS TO ALLOW A DENSITY IN EXCESS OF 30 UNITS
PER ACRE (41.30 DUlAC PROPOSED) AND TO ALLOW FOR A BUILDING HEIGHT
UP TO 60' IN THE CENTRAL BUSINESS DISTRICT. THE REQUESTS ARE IN
CONJUNCTION WITH ATLANTIC SHORES, A PROPOSED 35-UNIT RESIDENTIAL
DEVELOPMENT LOCATED ON THE WEST SIDE OF SE 2ND AVENUE,
APPROXIMATELY 80' SOUTH OF SE 1ST STREET.
SUBJECT:
The conditional use requests are associated with the establishment of a 35-unit residential development,
known as Atlantic Shores. The development proposal consists of the demolition of three existing
retail/warehouse structures; the construction of a five-story residential building with a 64-space parking
garage on the ground floor; installation of 6 parallel parking spaces along 2,d Avenue; and residential
dwelling units on the second, third, fourth and fifth levels (35 dwelling units in totai). The development will
also include the installation of swimming pool, deck, exercise room. library. club house, and restrooms
iocated on the 2" and 3'd floors of the building. Conditional use approval has been requested to allow a
density in excess of 30 units per acre (41.30 du/ac is proposed) and to allow for a building height of up to
60'. A detailed description and analysis of the proposal is contained within the attached Planning and
Zoning Board staff report of November 21, 2005.
PLANNING AND ZONING BOARD CONSIDERArlON
I
At its meeting of November 21. 2005, the Piann ing and Zoning Board held a public hearing in conjunction
with the conditional use requests. Presentations were made by staff and the applicant. There was no
testimony presented from the public. The Board had discussions regarding the appropriateness of
conditional use requests for both increased height and increased density on the same property. After
their deliberations, the Board moved a recommendation of approval for the conditional use requests to
allow for a building height of 60' and to allow a density of 41.30 du/ac on a unanimous vote of 7-0, by
adopting the findings of fact and law contained in the staff report.
By Separate Motions:
Move a recommendation of approval of the conditional use request to allow for a building height in excess
of 48' (60') for Atlantic Shores, by adopting the findings of fact and law contained in the staff report, and
finding that the request and approval thereof is consistent with the Comprehensive Plan and meets
criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), and Chapter 3 of the Land Development
Regulations. subject to the conditions listed in the Planning and Zoning Board Staff Report; and
Move a recommendation of approvai of the conditional use request to allow for a density in excess of 30
units per acre (41.30 du/ac) for Atlantic Shores. by adopting the findings of fact and law contained in the
staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan
and meets criteria set forth in Sections 2.4.5(E) (5), 4.4.13(1), and Chapter 3 of the Land Development
Regulations, subject to the conditions listed in the Planning and Zoning Board Staff Report.
Attachment: Planning and Zoning Board 51aft Report of November 21. 2005
\ O.C- .1..
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR ATLANTIC SHORES
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 Atlantic
Shores. 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. Comprehensive Plan - Future Land Use and Map: 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. Concurrencv: 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:
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. REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT:
Does the Applicant meet the requirements set forth in Section 4.3.4(J)(4)
(attached hereto) to allow building height in excess of 48' to a maximum of 60'?
Yes
No
c. PERFORMANCE STANDARDS FOR DENSITY INCREASE:
Does the applicant meet the requirements set forth in Section 4.4.13(1)
(attached hereto) to allow the density in excess of 30 dwelling units per acre to
41.3 dwelling units per acre?
Yes
No
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.
ATTEST:
Jeff Perlman, Mayor
Chevelle Nubin
City Clerk
3
LOR Section 4.3.4(J)(4)
(4) Increases to Heiaht Reaulations:
(a) Prohibitions: There are no provisions which allow, nor is the Board of
Adjustment empowered to grant, an increase of height for any purpose
in the following zone districts:
Single Family (R-1) Districts
Agriculture (Ag)
Rural Residential (RR)
Mobile Home (MH)
Low Density Residential (RL)
Medium Density Residential (RM)
Planned Residential Development (PRO)
Residential Office (RO)
Neighborhood Commercial (NC)
Conservation District (CD)
Professional and Office District (POD)
Open Space (OS)
(b) Allowances: An increase, to a maximum height of sixty feet (60'), may
be approved by the City Commission in any zone district not listed
above when approved pursuant to the processing of a conditional use
request and based upon a finding of compliance with each of
enumerated criteria listed below.
(i) That the structure is to be located in one of the following
geographic areas:
(1) Area "A" - all property located east of Congress Avenue and
west of 1-95.
(2) Area "B" - the property encompassed by the Oelint ORI, with
the exception of that portion platted as "Waterford Village";
along with property located west of S.W. 10th Avenue, south of
Linton Boulevard, and east of 1-95.
(3) Area "C" - the property encompassed by the boundary of
Linton Boulevard, Wallace Drive, S.W. 10th Street, and 1-95.
(4) Area "0" - the properties located south of Atlantic Avenue,
north of S.W. 1st Street, west of S.W. 2nd Avenue, and east of
S.W. 4th Avenue; and the properties located north of Atlantic
Avenue, south of N.W. 1st Street, west of N.W. 1st Avenue,
and east of N.W. 3rd Avenue.
4
(5) Area "E" - the property encompassed on the west by the F.E.C.
Railroad, on the east by the Intracoastal Waterway, on the
south by Allen Avenue extended to said easterly and westerly
boundaries, and on the north to the northernmost boundary of
the City.
(6) Area "F" - the property located between the one-way pair
system of Federal Highway (5th and 6th Avenues).
(7) Area "G" - the property on either side of Linton Boulevard,
extending 200 feet north and south of its ultimate right-of-way,
extending from 1-95 to Dixie Highway.
(8) Area "H" - the area bounded by Linton Boulevard on the south,
the F.E.C. Railroad on the east, the combination of Southridge
Road and Swinton Avenue on the north, and S.W. 4th Avenue
on the west.
(9) Area "I" - all property within the Central Core portion of the
CBD (Central Business District), except for that portion within
150' of any zoning district which has a maximum height limit of
35', measured from the property line of the CBD zoned
property.
(10) Area "J" - the property encompassed by Lindell Boulevard
on the north, Federal Highway on the east, Dixie Highway on the
west, and the City limits on the south.
(ii) That the increase in height will not provide for, nor accommodate,
an increase in the floor area (within the structure) beyond that
which could be accommodated by development which adheres to a
height limitation of 48 feet, except for the following situations:
(1) An increase in intensity is allowed when the increase from 48
feet to 60 feet is for the purpose of accommodating residential
use on the top floor of the structure; however, the increase in
intensity is only for the added residential use area;
(2) An increase in intensity is allowed when there is a transfer of
development rights pursuant to Section 4.6.20.
(iii) That the increase in height is based on or will result in two, or
more, of the following:
(iv)
5
(1) That workforce housing is provided within the development in a
manner consistent with the provisions of Sections 4.7.5 (a) and
(d);
(2) That 50% or greater of an area of the ground floor is devoted to
parking and vehicular traffic circulation;
(3) That for each foot in height above 48 feet, an additional
building setback of two feet is provided from the building
setback lines which would be established for a 48-foot tall
structure. The additional setback is required from all setback
lines (i.e., front, side, and rear) for the portion of the building
that extends above 48 feet. In lieu of this setback requirement,
buildings in the CBD zone shall adhere to the setback
requirements of that district; and
(4) That a minimum of 50% of the ground floor building frontage
consist of nonresidential uses (excluding parking).
6
LOR Section 4.4.13(1)
(I) Performance Standards These standards shall apply to all applications
for new development and modification of existing developments which would result in a
density greater than thirty (30) dwelling units per acre in the Commercial Core or twelve
(12) units per acre in the West Atlantic Neighborhood.
(1) The maximum permissible density of a particular project will be
established through the conditional use process, based upon the degree to which the
development complies with the performance standards of this section, the required
findings of Section 2.4.5(E), and other applicable standards of the comprehensive Plan
and Land Development Regulations. Notwithstanding the above, the approving body
may deny an application for increased density where it is determined that the proposed
project is not compatible in terms of building mass and intensity of use with surrounding
development.
(2) The applicable performance standards for development exceeding twelve
(12) units per acre within the West Atlantic Neighborhood or thirty (30) units per acre
within the Central Core are as follows:
(a) The development offers variation in design to add interest to the
elevations and relief from the building mass. Building elevations
incorporate several of the following elements: diversity in window and
door shapes and locations; features such as balconies, arches,
porches; and design elements such as shutters, window mullions,
quoins, decorative tiles, or similar distinguishing features.
(b) If the building includes a parking garage as an associated structure or
within the principal building, the garage elevation provides unified
design elements with the main building through the use of similar
building materials and color, vertical and horizontal elements, and
architectural style. Development of a portion of the ground floor
perimeter adjacent to street rights of way is devoted to window displays
or floor area for active uses such as retail stores, personal and
business service establishments, entertainment, offices, etc., is
encouraged.
(c) A number of different unit types, sizes and floor plans are available
within the development. Two and three bedroom units are encouraged,
as are a combination of multi-level units and flats. In projects
consisting of more than twelve (12) dwelling units, the proportion of
efficiency or studio type units may not exceed 25% of the total units.
there is no maximum percentage established for projects having twelve
(12) or fewer units, however, a mix of unit types and sizes is
encouraged.
7
(d) The project design shall create an overall unified architectural character
and image by the use of common elements between the bUilding(s),
parking lot, and landscaping. Examples of some features that could be
incorporated to meet this standard are: freestanding light poles and
exterior light fixtures that are decorative and consistent with the
architectural treatment of the building(s); pedestrian amenities such as
benches, shaded walkways, and decorative pavement treatment, that
are similar in forms, colors, materials, or details as the architecture of
the building(s); focal points such as public art, water feature/fountain,
courtyard or public plazas designed to connect different uses along a
continuous pedestrian walkway; or a combination of similar features
that meet the intent of this standard.
(e) The development provides common areas and/or amenities for
residents such as swimming pools, exercise rooms, storage rooms or
lockers, covered parking, gardens, courtyards, or similar areas and/or
amenities.
(f) The development promotes pedestrian movements by providing
convenient access from the residential units to the public sidewalk
system. Pedestrian areas adjacent to the building are enhanced by
providing additional sidewalk area at the same level as the abutting
public sidewalk. Accessways to parking areas are designed in a
manner that minimizes conflicts between vehicles and pedestrians.
The public street or streets immediately adjacent to the development
are enhanced in a manner that is consistent with the streetscape in the
downtown area (I.e., installation of landscape nodes, extension of
existing paver block system, installation of approved street lighting,
etc.).
(g) The development provides opportunities to share parking, accessways,
driveways, etc., with adjoining properties, or provides additional parking
spaces that may be used by the public.
(h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue, N.E. 1st
Street, or S.E. 1st Street contain nonresidential uses on the ground
floor. At least seventy-five percent (75%) of the surface area of the
front street wall(s) at the ground floor of each such building is devoted
to display windows_and to entrances to commercial uses from outside
the building.
(i) The landscape plan for the development preserves and incorporates
existing native vegetation (where available), provides new landscaping
that is in excess of minimum standards (in height and quantity),
demonstrates innovative use of plant material, improves site design,
provides useable open space or public plazas, and maximizes available
8
areas for pedestrian interaction. If necessary to achieve this standard,
the project may exceed the maximum setback area on the ground floor.
(3) It is acknowledged that it may not be possible for projects which
involve the modification of existing structures to comply with many of the above
referenced standards. For those types of projects, the ultimate density should be
based upon compliance with those standards which can be reasonably attained, as well
as the project's ability to further the goal of revitalizing the central business district (I.e.,
adaptive reuse of older structures and the provision of housing in close proximity to
employment opportunities and services).
9
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE:
AGENDA ITEM:
ITEM:
November 21, 2005
III. F.
Conditional Use Requests to Allow for a Residential Development with a Height in
Excess of 48' (60'-0" Proposed) and to Allow for a Density in Excess of 30 Units
Per Acre (41.3 du/ac Proposed) within the Central Business District (CBD), for
the Atlantic Shores Project (Quasi-Judicial Hearinq).
GENERAL DATA:
Owner/Applicant............. Nate Hollander
Agent............................. Weiner & Aronson, PA
Location......................... West Side of SE 2nd Avenue,
Approximately 80' South of SE 1 st
Street (124.138,&158 SE 2nd Ave.)
Property Size................. 0.85 Acres
Future Land Use Map.... Commercial Core (CC)
Current Zoning............... Central Business District (CBD)
Adjacent Zoning North: Central Business District (CBD)
South: Central Business District (CBD)
East: Central Business District (CBD)
West: Central Business District (CBD)
Existing Land Use.......... Retail store and warehouse
distribution facility.
Proposed Land Use....... Multiple Family Residential
Water Service................ Available Via a service lateral
connection to the existing 8" water
main located within the SE 2nd
Avenue right-of-way.
Sewer Service................ Available via a service lateral
connection to the existing eight
inch (8") sanitary sewer main
located within the adjacent alley to
the west
N.E.
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III.F.
rTl:":QSI:~RE tHE J90ARD
I
The action before the Board is making a recommendation to the City Commission on the
following requests for conditional use approval pursuant to Land Development Regulations
(LOR) Section 2.4.5(E):
o To allow an increase to a maximum height of 60' (60' proposed) [LOR Section 4.4.13(F)(1)
pursuant to LOR Section 4.3.4(J) (4) (b)]; and
o To allow a density exceeding 30 dwelling units per acre (41.30 du/ac proposed) in the
Central Business District (CBD) [LOR Section 4.4.13(0) (14)].
The requests are in conjunction with Atlantic Shores, a proposed residential development
located on west side of SE 2nd Avenue, approximately 80' south of SE 1st Street.
BACKGROUND
The proposal involves a 0.85 acres site which includes:
. The south 7' of Lot 9, Lot 10 and the north 53' of lot 11, Block 78, Delray Beach (0.425
Acres);
. The south 23.5' feet of Lot 11, and Lot 12, less the south 23.5 feet of said Lot 12, Block 78,
City of Delray Beach, formerly known as the Town of Linton (0.236 acres); and
. The south 23.5 feet of Lot 12, and the north 37 feet of Lot 13, Block 78, of Delray Beach.
The property was the subject of a rezoning request earlier on tonight's agenda, and was
recommended for approval to change the zoning district to CBD (Central Business District).
Existing development on the properties includes a one-story 4,410 sq. ft. retail store building,
built in 1962; a 5,508 sq. ft. warehouse distribution facility, built in 1959; and a one-story 1,440
sq. ft warehouse structure, built in 1961. All three structures are to be demolished with the
development proposal.
Conditional use applications have been submitted for an increase in building height up to 60'
and an increase in density to 41.30 units per acre. These conditional use applications are now
before the Board for consideration.
The development proposal incorporates the following:
o Construction of a five-story residential building with a 64-space parking garage on the
ground floor; installation of 6 parallel parking spaces along 2nd Avenue; and residential
dwelling units on the second, third, fourth and fifth levels (35 dwelling units in total);
o Installation of swimming pool, deck, exercise room, library, club house. and restrooms
located on the 2nd and 3nJ floor of the building;
o Installation of a loading area located to the west side of the property along the alley;
o Installation of sidewalk pavers, bicycle parking facility, and associated landscaping.
I
""!c;'N>F';"T"
"..".~'" /".;..
.CONDlti()J{ACQSEAN~hsIS .
H I
REQUIRED FINDINGS (Chaoter 3):
Pursuant to LDR 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
Planning and Zoning Board Staff Jort: Meeting - November 21.2005
Conditional Use Requests for Atlallllc Shores
minutes. Findings shall be made by the body, which has the authority to approve or
deny the development application. These findings relate to the following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district
and the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC)
and a zoning designation of CBD has been recommended by staff, which are consistent with
one another. Pursuant to LOR Section 4.4.13(0) (14), multiple-family dwelling units, excluding
duplexes, are permitted through the conditional use approval process at a density greater than
30 units per acre on property located south of NE 2nd Street and north of SE 2nd Street, subject
to the standards and limitations of LOR Section 4.4.13(1). As discussed later in this report,
positive findings can be made with respect to the referenced performance standards; thus
positive findings can be made with respect to FLUM 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.
Drainaoe: Preliminary engineering and drainage plans were not submitted with the proposed
development. It is thought that drainage could be accommodated via floor drains on the main
level of the parking garage that should then drain to an exfiltration trench system. Therefore,
there appears to be no problems anticipated in accommodating on-site drainage; however, the
Engineering Department does have technical comments regarding drainage that will need to be
addressed at the time of site plan approval. Based upon the above, positive findings with
respect to this level of service standard can be made.
Parks and Open Space: 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 LOR Section 5.3.2, a park
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for
each unit. A total fee of $17,500.00 will be required of this development for parks and
recreation purposes.
Solid Waste: The proposed 35 dwelling units will generate a total of 18.2 tons of solid waste per
year (35 units x 0.52 tons = 18.2 tons). 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.
Streets and Traffic: The subject property is located within the City's Transportation Concurrency
Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic
Avenue Business Corridor. The TCEA exempts the above-described areas from complying with
the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is
not required for concurrency purposes; however, a traffic statement is necessary to keep a
record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic
statement was submitted for the generation of 39 AM peak hour trips and 45 PM peak hour
trips.
Water and Sewer: Water service is available via service lateral connections to an existing 8"
water main within S.E. 2nd Avenue right-of-way. Two (2) fire hydrants presently exist on the
west side of S.E. 2nd Avenue: one at the northeast side of the property and a second one on the
southeast side of the site. Sewer service is available via service lateral connections to an
existing 8" sanitary sewer main within the west alley right-of-way.
2
III.F.
Planning and Zoning Board Staff lort: Meeting - November 21. 2005
Conditional Use Requesls for Alia, ,uc Shores
Pursuant to the 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.
CONSISTENCY: Compliance with performance 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. 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
applications are 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 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 special physical or environmental characteristics of the land that would be
negatively impacted by the proposed residential development. The development will be
complimentary with the future surrounding residential and commercial developments
(Miraflores, Bamboo North/South, and The Strand) and will provide a customer base for the
businesses on a year-round basis, which in turn will provide economic stability and growth for
the downtown area.
In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan
states the following:
"One of the most important objectives of the City's overall housing policy is the
establishment of housing in the downtown area. In the years since adoption of the 1989
Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally
oriented shopping district to a vibrant year-round retail, service, and entertainment area
with an active nightlife. A critical missing element is a significant housing development.
The City recognizes the importance of providing housing in close proximity to shopping,
employment, and transportation, and the need to have a residential base to support the
businesses in the downtown area".
The proposed Atlantic Shores development will help to fulfill this stated land use need by
providing 35 additional dwelling units to the downtown area in close proximity to shopping and
place of work, and is therefore consistent with this policy.
Future Land Use Element Obiective C-4: The Central Business District (CBD) represents
the essence of what is Oelray Beach I.e. a "village like, community by the sea". The
continued revitalization of the CBD is essential to achieving the overall theme of the
City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies
and activities shall be pursued in the achievement of this objective:
Policy C-4.1: The CBO zoning district regulations shall facilitate and encourage
rehabilitation and revitalization and shall, at a minimum, address the following:
o Deletion of inappropriate uses;
o Incentives for locating retail on the ground floor with office and residential use
on upper floors;
o Accommodating parking needs through innovative actions;
3
1l1.F.
Planning and Zoning Board Staff )ort: Meeting - November 21, 2005
Conditional Use Requests for Atla. .lIe Shores
o Incentives for dinner theaters, playhouses, and other family oriented activities;
o Allowing and facilitating outdoor cafes;
o Incentives for mixed use development and rehabilitation;
o Elimination of side yard setback requirements; and
o Allow structural overhang encroachments into required yard areas.
The development proposal will locate 35 residential dwelling units of various floor plans and
sizes within the downtown area. The residents of these dwellings will be able to walk to shops,
restaurants, cultural areas and parks. They will interact on a regular basis with storekeepers
and employees, and their neighbors. They will get to know the downtown much more intimately
than the majority of Delray residents. They will play a major role as participants in, and
contributors to, the downtown area community. The Atlantic Shores development proposal is
consistent with Future Land Use Element Policy C-4.1 as it will facilitate the continued
rehabilitation and dynamic revitalization of the CBD zoning district.
Transportation Element Policy A-1.3: The City endorses the continued operations of the
Palm Tran Transit System and its operations in Delray Beach, and through policies of
this Element related to the TCEA, will coordinate with Palm Tran to improve the system.
Given the potential impacts the proposed residential development will have on the. surrounding
road network and the location of a Palm Tran bus stop at the southeast corner of SE 1s1 Avenue
and SE 1 sl Street (immediately to the northwest), it is appropriate that the development
contribute toward the provision of a bus shelter at this location. Thus, it is attached as a
condition of approval that a contribution of $7,500 (approximately half the cost of a shelter) is
paid prior to certification of the site plan for the development. Subject to this condition of
approval being addressed, the development will comply with Transportation Element Policy A-
1.3.
Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on
all new development and redevelopment. Particular emphasis is to be placed on
development within the TCEA Area.
The development proposal does accommodate a bicycle parking facility (i.e. bike rack) on site
along S.E. 2nd Avenue. Therefore, the development complies with Transportation Element
Policy 0-2.2.
Open Space and Recreation Element Policy A-3.1: Tot lots and recreation areas serving
children from toddlers to teens, shall be a feature of all new housing developments as
part of the design to accommodate households having a range of ages. This
requirement may be waived or modified for residential developments located in the
downtown area and for infill projects having fewer than 25 units.
This policy may be waived for projects in the downtown because the City recognizes that
households located in the downtown are likely to have fewer children than those located in
suburban settings. Further, land in the downtown is at a premium and it can be cost prohibitive
to provide recreational features such as tennis courts, volleyball courts, etc. However, the
proposed development does provide some recreational facilities to its residents, such as a
swimming pool, deck, exercise room, library, club house, and restrooms located on the 2nd and
3n1 floor of the building.
Some of the recreational, cultural and open space opportunities located in proximity to the
Atlantic Shores development include: Veteran's Park, which includes a large playground and
recreational area; the Municipal Beach; the Osceola Park Currie Commons, which includes a
baseball field and playground; the City's Tennis Center; and Old School Square Cultural Center.
As playground areas are located close by (Veteran's Park and Osceola Park Currie Commons)
and other facilities are available on site that can be utilized by children, such as the pool, the
4
III.F.
Planning and Zoning Board Staff Jort: Meeling - November 21 , 2005
Conditional Use Requests for AtJall(IC Shores
intent of this policy will be met. Based on the above, it is appropriate to partially waive (tot lot)
this requirement to provide these services entirely on site.
Housinq Element Obiective B-2: Redevelopment and the development of new land shall
result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's demographic profile, and meet the
housing needs identified in this Element. Policies, which will implement this objective,
include:
Housinq Element Policy B-2.2: The development of new adult oriented communities
within the City is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children, and
shall be required to provide three (3) and four (4) bedroom units and activity areas for
children ranging from toddlers to teens. This requirement may be waived or modified for
residential development located in the downtown area and for infill projects having fewer
than 25 units.
This development will not be restricted to occupancy by adults only. However, it is
acknowledged that downtown dwellings are not typically occupied by families with children. The
proposed development will primarily accommodate young and middle-age professionals. The
development will provide a mix of efficiency (stUdio units), one (1), and two (2) bedroom units.
As allowed by this policy, it is appropriate that there not be a requirement to provide three (3)
and four (4) bedroom units and specific activity areas for children for those residential
development located in the downtown area.
Housinq Objective 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.
Housinq 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 residents of this development will aid in the revitalization and economic
stability of the downtown area. The introduction of additional residential dwelling units will
increase safety of the area by introducing more night time activity and more "eyes on the street"
as a deterrent to criminal behavior. Based upon the above, the development proposal will be
consistent with Housing Policy A-12.3.
REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT:
Pursuant to LOR Section 4.3.4(K), the maximum height of structures in the CBD zoning district
is 48'. Pursuant to LOR Section 4.3.4(J)(1), height is defined as the vertical distance from grade
to the highest finished roof surface of a flat roof or to the mean level between eaves and ridge
for gable. hip, or gambrel roofs. For buildings adjoining one street, the grade is established as
the average of the mean elevation of the crown along the lot frontage. For buildings adjoining
more than one street, the grade is established as the average of the mean elevation of the
crown of the adjoining streets. The proposed building elevations indicate that the building will
have an overall height of 60' based on the crown of the road.
5
III.F.
Planning and Zoning Board Staf Jort: Meeting - November 21. 2005
Conditional Use Requests for AlIa"dc Shores
Pursuant to LOR Section 4.3.4(J){4){b){i){9), an increase to a maximum height of 60' may
be approved by the City Commission as a conditional use for property within the Central
Core portion of the CBD (Central Business District), except for that portion within 150' of
any zoning district which has a maximum height limit of 35', measured from the property
line of the CBD zoned property. The City Commission may approve an increase in height
to a maximum height of 60' based upon a finding of compliance with each of the
enumerated criteria listed below.
(ii) That the increase in height will not provide for, nor accommodate, an increase in the
floor area (within the structure) beyond that which could be accommodated by
development which adheres to a height limitation of 48', except for the following
situations:
(1) An increase in intensity is allowed when the increase from 48' to 60' is for the
purpose of accommodating residential use on the top floor of the structure;
however, the increase in intensity is only for the added residential use area.
The increase in height is requested to accommodate residential uses on the top floor
of the proposed building, thereby meeting this requirement.
(2) An increase in intensity is allowed when there is a transfer of development
rights pursuant to Section 4.6.20.
The development proposal does not include a transfer of development rights.
Therefore, this provision does not apply.
(iii) That the increase in height is based on or will result in two, or more, of the following:
(1) That workforce housing is provided within the development in a manner
consistent with the provisions of Sections 4.7.5(a) and (d);
The development proposal does not include a workforce housing component.
Therefore, the increase in height cannot be based on the provision of workforce
housing.
(2) That 50% or greater of an area of the ground floor is devoted to parking and
vehicular traffic circulation;
The conceptual plan does not provide the floor area of the ground floor parking and
vehicular traffic circulation areas. Based on measurements taken from the
conceptual plan, the ground floor area of the parking garage and vehicular traffic
circulation area of the building consists of approximately 90% of the gross ground
floor area. Overall, the total area of the ground floor devoted to parking, exceeds
50% and meets this requirement. A condition of approval is attached that the site
plan include the ground floor area calculations for parking and vehicular traffic.
(3) That for each foot in height above 48', an additional building setback of two
feet (2') is provided from the building setback lines which would be
established for a 48' tall structure. The additional setback is required from all
setback lines (i.e., front, side, and rear) for the portion of the building that
extends above 48 feet. In lieu of this setback requirement, buildings in the
CBD zone shall adhere to the setback requirements of that district.
6
1I1.F.
Planning and Zoning Board Staff lort: Meeting - November 21. 2005
Conditional Use Requests for Atlallllc Shores
The development proposal does not provide the additional 2' setback for each foot in
excess of 48'. In lieu of this requirement, the development proposal complies with
the setbacks for the CBD (Central Business District). The following table identifies
the setback requirements for the building and the setbacks provided by the proposed
development:
STANDARD
Buildina Heiaht (feet) % Building Frontage (minimax) Setback (feet)
Finished Grade to 25' 70% / 90% 5' min /10' max
Remaining Length 17' min /22' max
25' to 48' 50% max 17' min
Remaining Length 29'min
48' and Above 100% 41'min
PROPOSED
Buildina Heiaht (feet) % Building Frontaae Setback {feet!
SE ~d Avenue SE zut Avenue
Finished Grade to 25' 85.3% 5' -10'
Remaining Length 20'
25' to 48' 48% 19'
Remaining Length 30'
48' and Above 100% 44'-6" & 62'-4"
The table above indicates that the proposed development meets the requirements of
the LOR for a height from finished grade to 25' feet, for a height from 25' feet to 48'
feet, and for a height of 48' and above.
(4) That a minimum of 50% of the ground floor building frontage consist of
nonresidential uses (excluding parking).
The development proposal does not include a nonresidential component in the
building frontage. Therefore, the increase in height cannot be based on the provision
of nonresidential uses.
Summary:
Based on the above analysis, the project can comply with two of the criteria, subject to
compliance with the condition of approval that relates to provision of site data. Therefore,
the proposed development is eligible for an increase in height, subject to compliance
with the condition of approval (staff condition NO.4 on page 16).
PERFORMANCE STANDARDS FOR DENSITY INCREASE:
In addition to the Conditional Use request for an increase in height, the applicant is seeking an
increase in density above 30 units per acre (41.30 units per acre). In order to grant the increase
positive findings with respect to LOR Section 4.4.13(1) need to be made.
LDR Section 4.4.13(1) - Performance Standards: These standards shall apply to all
applications for new development and modification of existing developments which
would result in a density greater than 30 dwelling units per acre.
(1) The maximum permissible density of a particular project will be established through
the conditional use process, based upon the degree to which the development
complies with the performance standards of this section, the required findings of LDR
Section 2.4.5(E) and other applicable standards of the Comprehensive Plan and Land
7
III.F.
Planning and Zoning Board Staft Jort: Meeting - November 21. 2005
Conditional Use Requests for Atla",;c Shores
Development Regulations. Notwithstanding the above, the approving body may deny
an application for increased density where it is determined that the proposed project
is not compatible in terms of building mass and intensity of use with surrounding
development.
The proposed development consists of 35 residential dwelling units on a 0.847 acres parcel
of land, which results in a density of 41.3 dwelling units per acre. The development is
located in the CBD zoning district, which allows the residential density to exceed 30 units
per acre subject to conditional use approval. The analysis with respect to LOR Section
4.4.13(1) and other relevant section of the LOR is provided below.
(2) The applicable performance standards for development under this section are as
follows:
(a) The development offers variation in design to add interest to the elevations and
relief from the building mass. For example, the building setbacks or planes of the
factade are offset and varied. In structures having more than two (2) stories,
stepping back of the upper stories (third floor and above) is encouraged to
decrease the perception of bulk. Building elevations incorporate several of the
following elements: diversity in window and door shapes and locations; features
such as balconies, arches, porches; and design elements such as shutters,
window mullions, quoins, decorative tiles, or similar distinguishing features.
The proposed architecture style includes various elements of Flori bean influence such
as shaped parapets, metal roofs, arched entrances, cable railing, decorative canopies,
and bracket elements. As noted previously, the proposed development complies with the
CBD setback requirements, which requires a stepping back from 5' for the ground floor
to 41' for the fifth floor. The building has been designed to provide significant relief in the
perception of mass by using a diversity of roof lines with a combination of hip roofs with
shaped parapets at different height intervals. The various roof lines are well articulated
by stepping back as much as 62'-4" from the front facade of the building. This
contributes to a reduction in the perception of mass, provides a variation in design and
adds significant visual interest to the elevations. In addition to the step backs and
offsets provided, the architectural elevations of the structure also incorporate diversity in
color, window and door shapes, multiple covered and uncovered balconies, Bahamas
shutters, decorative aluminum grill/vents, decorative balcony railings. and exposed
concrete overhangs. The rhythm and proportionality of the architectural treatments
create an appealing presentation. Based upon the above, the development proposal will
be consistent with this performance standard.
(b) If the building includes a parking garage as an associated structure or within the
principal building, the garage elevation provides unified design elements with the
main building through the use of similar building materials and color, vertical and
horizontal elements, and architectural style. The garage is designed in a manner
that obscures parked vehicles except in places where unavoidable, such as
entrances and exits. Development of a portion of the ground floor perimeter
adjacent to street rights of way is devoted to window displays or floor area for
active uses such as retail stores, personal and business service establishments,
entertainment, offices, etc., is encouraged.
The development proposal does incorporate a parking garage on the ground floor of the
structure. The building materials utilized with the parking garage are architecturally
consistent with materials utilized on the upper levels of the structure in terms of texture,
color, and vertical and horizontal elements. Further, the architecture of the structure
includes the parking garage on the ground floor, to the rear of the building with the
8
III.F.
Planning and Zoning Board Staff )ort: Meeting - November 21,2005
Conditional Use Requests for AtlClllllC Shores
ingress/egress for the parking lot located both on the east side (S.E. 2nd Avenue) and on
the west side (alleyway) of the building. The west side of the building reveals the parking
area as part of the elevation with a unified architectural appearance. The parking
garage elevation (west elevation) will consist of equally spaced openings separated by
structural columns with a smooth stucco finish (painted) over C.M.U. and decorative
aluminum grill/vents. The openings will be adequately landscape and will permit
ventilation and natural light to enter into the parking garage. The proposed development
is not located in a retail corridor and conseq uently the perimeter areas of the ground
floor adjacent to street rights-of-way are not devoted to display windows and/or entrance
to office/retail uses. Based upon the above, the intent of this performance standard has
been achieved.
(c) A number of different unit types, sizes and floor plans are available within the
development. Two and three bedroom units are encouraged, as are a combination
of multi-level units and flats. In projects consisting of more than twelve (12)
dwelling units, the proportion of efficiency or studio type units may not exceed
25% of the total units. There is no maximum percentage established for projects
having twelve (12) or fewer units, however, a mix of unit types and sizes is
encouraged.
The proposed development includes one, two, three, and four bedroom units as well as
efficiencies. There are multilevel type units as well as flats. Living areas vary among
units between 700 to over 2,500 square feet. Some units have terraces while others
have balconies. There are eighteen different unit types in the thirty five units proposed.
Based upon the above, the intent of this performance standard has been achieved.
(d) The interiors of the dwelling units provide unique features and conveniences that
distinguish them from standard multi-family projects and create an attractive
living environment. Examples of some of the features that could be incorporated
to meet this standard are: ceiling heights of nine feet (9') or greater; extensive use
of natural lighting; panel doors throughout the interior; use of decorative molding
for baseboard, door and window casings; wood or ceramic tile flooring in all or a
portion of the units; built in cabinetry and/or shelving; arched entryways or
passageways; individual laundry facilities; special security features; or a
combination of similar features and elements that meet the intent of this standard.
The applicant has indicated that the development exhibits an overall unified architectural
character and image by the use of common elements along the different parts of the
project. Decorative light fixtures, the landscape promenade, and decorative pavers are
some of the common elements that add character to the proposed development. In
addition, the public pool deck is a focal point on the east side of the structure above the
parking deck.
The step backs, offsets, and balconies provided along the facades will allow large
amounts of natural light via different window shapes, which include floor to ceiling
windows in some locations. Also, individual laundry facilities will be provided as standard
items. Based upon the above, the intent of this performance standard has been
achieved.
(e) The development provides common areas and/or amenities for residents such as
swimming pools, exercise rooms, storage rooms or lockers, covered parking,
gardens, courtyards or similar areas and/or amenities.
9
III.F.
Planning and Zoning Board Staff )ort: Meeting - November 21,2005
Conditional Use Requests for AlIa"tic Shores
The development proposal provides for most of the above referenced amenities, such as
a swimming pool, pool-side gardens, exercise room, library room, and covered parking.
Based upon the above, the intent of this performance standard has been achieved.
(f) The development promotes pedestrian movements by providing convenient
access from the residential units to the public sidewalk system. Pedestrian areas
adjacent to the building are enhanced by providing additional sidewalk area at the
same level as the abutting public sidewalk. Accessways to parking areas are
designed in a manner that minimizes conflicts between vehicles and pedestrians.
The public street or streets immediately adjacent to the development are
enhanced in a manner that is consistent with the streetscape in the downtown
area (i.e., installation of landscape nodes, extension of existing paver block
system, installation of approved street lighting, etc.).
The proposed development is inherently a pedestrian friendly project. The townhouse
type units, proposed along S.E. 2nd Avenue, encourage pedestrian activity along the
street. The project proximity to Atlantic Avenue and Swinton Avenue will result in a
pedestrian flow to the commercial. entertainment and cultural activities in the downtown
area. The applicant has indicated that sidewalk areas around the project will be re-built
thereby recreating the current pedestrian experience along the project edges. The
applicant has also indicated that the project incorporates the extension of the existing
paver block system in the downtown and the installation of approved street lighting and
street furniture. The development proposal provides safe and efficient pedestrian
movement with convenient access provided from the residential units to the existing
public sidewalk system and parking areas. Pedestrian areas adjacent to the building
have been enhanced by providing sidewalk areas at the same level as the abutting
public sidewalk. Also, access to the parking lot has been designed in a manner that
minimizes conflicts between vehicles and pedestrians. Landscape islands in the public
right-of-ways, and brick paver sidewalks enhance the public streets adjacent to the
proposed development. Based on the above, this performance standard has been met.
(g) The development provides opportunities to share parking, accessways,
driveways, etc., with adjoining properties, or provides additional parking spaces
that may be used by the public.
The development proposal will provide six (6) new parallel public parking spaces along
SE 2nd Avenue that could be used by the public as an additional parking opportunity.
Based upon the above, the intent of this performance standard has been achieved.
(h) Projects fronting on Atlantic Avenue, NE 1st Street or SE 1st Street contain
nonresidential uses on the ground floor. The nonresidential ground floor space
has ceilings not less than ten feet (10') in height. At least 50% of the surface area
of the front street wall(s) at the ground floor of each such building is devoted to
display windows and to entrances to commercial uses from outside the building.
The frontage of the subject property is along SE 2nd Avenue and thus, this performance
standard is not applicable.
Of the eight (8) performance standards outlined in LOR Section 4.4.13(1), the subject
development proposal complies with seven (7) performance standards (a), (b), (c), (d), (e), (f).
and (g). Performance standard (h) is not applicable. Given this level of achievement with the
performance standards it is appropriate to grant the requested increase in density.
10
1I1.F.
Planning and Zoning Board Staff Jort: Meeting - November 21,2005
Conditional Use Requests for Atlall{IC Shores
LDR SECTION 2.4.5(El . REQUIRED FINDINGS:
Pursuant to LOR 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) Hinder development or redevelopment of nearby properties.
The following table identifies the zoning designations and uses that are adjacent to the subject
property:
Zoninn: Use:
North Central Business District-Railroad Corridor Food Processing Company
(CBD-RC)
South Central Business District-Railroad Corridor Warehouse/Distribution
(CBD-RC)
East Central Business District-Railroad Corridor Stores/Commercial/Retail
(CBD-RC)
West Central Business District (CBD) Future Site of Miraflores Development
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 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
staffs review of the sketch plan and site inspections, the following analysis is provided.
BuildinQ Setbacks:
The setback table included in the Required Findings Relating to Increase in Height session of
this report identifies the setback requirements for buildings located in the CBD District (other
right-of-ways) and the setbacks provided by the proposed development. This table indicates that
the proposal complies with LOR Section 4.4.13(F)(3) [Table 4.4.13-2] as it pertains to the
Central Business District (CBD) zone district. Therefore, a finding of compliance with this criteria
can be made.
ParkinQ Requirements:
Off-Street Parking:
Pursuant to LOR Section 4.4.13(G) (1) (e), the parking requirements for one, two and greater
bedroom dwelling units within a multiple-family structure located within the CBD are to be
provided as follows:
Efficiencv dwell inn unit 1 .0 space/unit
One bedroom dwellino unit 1.25 spaces/unit
Two or more bedroom dwellino unit 1.75 spaces/unit
Guest narkinn shall be nrovided cumulativelv as follows:
- first 20 un its 0.50 soaces/unit
- for units 21-50 0.30 soaces/unit
- for units 51 and above 0.20 spaces/unit
11
III.F.
Planning and Zoning Board Staff lort: Meeting - November 21. 2005
Conditional Use Requests for Alia, ,,,e Shores
Pursuant to LOR Section 4.6.9(C) (2) (d), guest parking spaces must be accessible to all visitors
and guests. The development proposal consists of 35 residential dwelling units. Based upon
the above, this requires 50 parking spaces for residents and 14 guest parking spaces for a total
of 64 parking spaces provided. It is noted, that any future conversion of residential area to
commercial/retail floor area or to restaurant will require the processing of a site plan modification
which shall address any additional parking demand. Likewise, any current use of the proposed
residential floor area along S.E. 20d Avenue as office area will require additional parking spaces
that are not currently being provided.
Compact Parkina:
Pursuant to LOR Section 4.6.9(C) (1) (g), up to 30% of the required parking for any use may be
designated for compact cars. The development proposal includes twelve (12) compact parking
spaces located within the proposed ground floor parking garage. This represents approximately
18.75% of the total spaces, thus meeting the requirement.
Handicapped Accessible Parkina:
Pursuant to LOR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the
handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for
Building Construction. Accessibility for residential structures is covered by the Federal Fair
Housing Act. Pursuant to this act. two percent (2%) of the parking spaces serving the
development must be handicapped accessible and accessible visitor spaces should be provided
at a rate in accordance with the local code. Based upon the 64 parking spaces required, the
development needs to provide a minimum of two (2) handicap accessible parking space and
three (3) handicap accessible parking spaces have been provided. Pursuant to LOR Section
4.6.5 and the Florida Accessibility Code for Building Construction, the height clearance of the
handicap parking areas need to be nine and one-half feet (9.5') to allow the access of handicap
vans. A note to this effect has been placed on the site plan, thus meeting this requirement.
On-Street Parkina:
Although not counted toward meeting the parking requirements for the project, a total of six (6)
public parallel parking spaces are being provided by the developer within the SE 2nd Avenue
right-of-way. Although available to the general public, these spaces should help meet the short
term parking requirements of residents and guests of the project. A maximum time limit of two
(2) hours during the daytime should be imposed by the City to prevent long term parking.
Liahtina:
A photometric plan consistent with the requirements of LOR Section 4.6.8 and light pole/fixture
details has been submitted for the development proposal. Thus, this requirement has been met.
Bicycle Parkina:
LOR Section 4.6.9(C) (1) (c) and Transportation Element Policy 0-2.2 of the Comprehensive
Plan recommend that a bicycle parking facility be provided. Such facility has been located
along SE 20d Avenue at the northeast side of the building and thus, this requirement has been
met. Also, pursuant to Transportation Element A-1.3 of the Comprehensive Plan, the applicant
shall provide a bus shelter contribution ($7,500) for the site which is attached as a condition of
approval.
Plat:
A plat must be processed and recorded prior to issuance of a building permit; and this is
attached as a condition of approval.
12
III.F.
Planning and Zoning Board Staff Jort: Meeting - November 21.2005
Conditional Use Requests for Atla. ,de Shores
Minimum Residential Floor Area:
The following table indicates that the proposal complies with LOR Section 4.3.4(K)[Minimum
residential floor area]. There are 9 efficiency dwelling units that range in size from 725 square
feet to 1,291 square feet; 10 one-bedroom dwelling units that range in size from 1,096 square
feet to 1,175 square feet; 6 two-bedroom dwelling units that range in size from 1,453 square
feet to 2,342 square feet; 6-three bedroom dwelling units that range in size from 1,672 square
feet to 2,130 square feet; and 4 four-bedroom dwelling units that range in size from 1,978
square feet to 2,572 square feet. Based upon the above, this LOR requirement has been met.
Efficiency 400 725 - 1,291 9 .
1 Bedroom Units 600 1,096 -1,175 10 .
2 Bedroom Units 900 1,453 - 2,342 6 .
3 Bedroom Units 1,250 1,672 - 2,130 6 .
4 Bedroom Units 1,500 1,978 - 2.572 4 .
Vehicular StackinQ Distance:
Pursuant to LOR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance for a parking area
that has 51 or more parking spaces is 50'. The proposed 64-space parking area along the SE
2nd Avenue does not provide the minimum stacking distance to the street right-of-way of SE 2nd
Avenue. This will require a waiver during the site plan review process. The parking garage
provides one access driveway along SE 2nd Avenue. The proposed stacking distance from the
eastern access driveway to SE 2nd Avenue is approximately 44'.
SiQht Visibility TrianQles:
Pursuant to LOR Section 4.6.14, the 20' and 40' visibility triangles need to be noted at the
intersections of driveways/rights-of-way and at the intersection of two public rights-of-way. The
sight visibility triangle along S.E. 2nd Avenue has been depicted in the site plan. Thus, this
requirement has been met.
RiQht-of-Way Dedication:
Pursuant to LOR Section 5.3.1 and the Transportation Element of the City's Comprehensive
Plan, the ultimate right-{)f-way width for S.E. 2nd Avenue is 60' and only 50' of right-of-way
currently exists. For existing streets, the City Engineer, upon a favorable recommendation from
the Development Management Services Group (DSMG), may grant reductions in right-of-way
widths. The applicant shall contact the City Engineer to establish whether dedication for the
ultimate right-of-way width will be required on S.E. 2nd Avenue, which is attached as a condition
of approval.
AIIev: Pursuant to LOR Section 5.3.1 (D) (2), the required width of an alley is 20' or the existing
dominant width. Further, pursuant to LOR Section 5.3.1(0) (3), additional right-of-way width
may be required to promote public safety and welfare; to provide for storm water management;
to provide adequate area for street trees; and to ensure adequate access, circulation and
parking in high intensity use areas. Such a determination shall be advanced by a
recommendation from the City Engineer. The authority for requiring such additional right-of-way
13
1I1.F.
Planning and Zoning Board Staff )0": Meeting - November 21,2005
Conditional Use Requests for Atl".."c Shores
shall rest with the body having the approval authority of the associated development application.
The existing alley right-of-way width is 16'. The development proposal will provide a loading-bay
and garbage pick-up off the alley. The City Engineer and DSMG have determined that the width
of the alley should be expanded to a width of 20', which is consistent with the widths provided
with recent redevelopment proposals. Therefore. a dedication of two feet (2') from the subject
property is required and has been depicted on the site plan. Thus, this requirement has been
met.
Refuse Enclosure:
Pursuant to LOR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas
must be enclosed on three sides with vision obscuring gates on the fourth side, unless such
areas are not visible from any adjacent public right-of-way. The development proposal includes
a dumpster with overhead doors accessible from the abutting alley. The applicant has stated
that maintenance personnel will transfer the trash to the dumpster. Accommodation for bins for
recyclables has been provided.
Street Improvement Obliaations:
Pursuant to LOR Section 6.1.2(A) (2) (b), when a street or alley is located on a boundary of a
project, the project is responsible for providing one-half of the current costs (in cash funds) of
such improvements along its property line. The alley which abuts the west side of the subject
property is un-improved at present. Therefore, based upon the above, the project is responsible
for payment of one-half the costs of improvement of the alley which, is attached as a condition
of approval.
Architectural Standards:
It is noted that pursuant to LOR Section 4.6.18(B)(14)(v), buildings subject to the Downtown
Design Guidelines are required to provide a change in roof design, doors and window rhythm
and articulation, and building materials or textures every 150' of building frontage. Minimum
spacing between the same architectural compositions shall be 300'. Determination of
compliance with this development regulation cannot be made at this time. With the submittal of
a site plan application, the applicant will need to submit complete renderings and colored
elevations. It is noted that the three volumetrical variations present on the east elevation (which
have less than a 300' separation) could be considered to be sufficient to meet the separation in
architectural compositions requirement.
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Community Redevelopment Agency:
The Community Redevelopment Agency (CRA) reviewed the development proposal at its
meeting of September 22, 2005. The Board recommended approval of the Conditional Use
requests for Height & Density and Site Plan by a vote of 5-0.
Downtown Development Authority:
The Downtown Development Authority (DDA) reviewed the development proposal at its meeting
of October 10, 2005. The Board recommended approval of the Conditional Use requests for
Height & Density.
14
1I1.F.
Planning and Zoning Board Staff Jort: Meeting - November 21. 2005
Conditional Use Requesls for AlIa,,"c Shores
Site Plan Review and Appearance Board (SPRAB):
If the conditional use requests are granted, a site plan application addressing the outstanding
technical comments would need to be approved by the SPRAB. Final action on the site plan will
rest with SPRAB.
Courtesy Notices:
Courtesy notices have been provided to the following homeowner's and/or civic associations
which have requested notice of developments in their areas:
1:1 Bill Wood, Delray Beach Chamber of Commerce
1:1 Carolyn Zimmerman, President's Council
1:1 Gerry Franciosa, Progressive Residents of Delray (P.RO.D.)
1:1 Gail-Lee McDermott, Osceola Park
Public Notice:
Formal public notice was provided to property owners within a 500' radius of the subject
property prior to the Planning and Zoning Board meeting of November 21, 2005. Letters of
support or objection, if any, will be presented at the Planning and Zoning Board meeting.
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The proposed conditional uses are to allow for a mixed-use structure having a height in excess
of 48' (60'-0" is proposed) and to allow for a density in excess of 30 units per acre within the
CBD (41.3 du/ac is proposed). As described in this staff report, the request for additional height
meets with the criteria established in LOR Section 4.3.4(J) (4) (b), and the increase in density
above 30 units per acre, is supportable as the project meets or exceeds the Performance
Standards found in LOR Section 4.4.13(1). The provision of additional residential dwelling units
within the downtown area will further the long term revitalization and stabilization of the CBD.
The proposed use is consistent with the objectives and policies of the Comprehensive Plan and
Chapter 3 of the LDRs. Positive findings can be made with respect to LOR Section 2.4.5(E) (5),
regarding compatibility of the proposed development with the surrounding properties for the
requested increases in building height and density. It is noted that pursuant to LOR Section
4.4.13(1) (1), despite the fact that compliance with the performance standards is possible subject
to the attached conditions, the Board may deny the application for increased density if the Board
does not agree that the proposed changes are compatible in terms of building mass and
intensity of use with surrounding development.
A. Continue with direction.
B. Move a recommendation of approval of the conditional use requests to allow for a building
height in excess of 48' (60'-0") and a density in excess of 30 units per acre (41.3 du/ac) for
Atlantic Shores, by adopting the findings of fact and law contained in the staff report, and
finding that the request and approval thereof is consistent with the Comprehensive Plan and
meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(1), and Chapter 3 of
the Land Development Regulations. subject to conditions.
C. Move a recommendation of denial of the conditional use requests to allow for a building
height in excess of 48' (60'-0") and a density in excess of 30 units per acre (41.3 du/ac) for
Atlantic Shores, 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
15
III.F.
Planning and Zoning Board Staff Jort: Meeting - November 21,2005
Conditional Use Requests tor AlIa""c Shores
criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(1), and Chapter 3 of the Land
Development Regulations.
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By Separate Motions:
o Move a recommendation of approval of the conditional use request to allow for a building
height in excess of 48' (60'-0") for Atlantic Shores, by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is consistent
with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J)
(4) (b), and Chapter 3 of the Land Development Regulations;
o Move a recommendation of approval of the conditional use request to allow for a density in
excess of 30 units per acre (41.3du/ac) for Atlantic Shores, by adopting the findings of fact
and law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5),
4.4.13(1), and Chapter 3 of the Land Development Regulations;
With said approvals to be subject to the following conditions:
1. That the outstanding technical comments listed in Appendix "A" are addressed prior to site
plan approval;
2. That a contribution of $7,500 (approximately half the cost of a shelter) is paid prior to
certification of the site plan for the provision of a Palm Tran bus stop shelter;
3. That the project be responsible for payment of one-half the costs of improvement of the alley;
4. That the site plan data includes the ground floor area calculations for parking and vehicular
traffic;
5. That a plat is processed and recorded prior to issuance of a building permit.
6. The applicant shall contact the City Engineer to establish whether dedication for the ultimate
right-of-way width will be required on S.E. 2nd Avenue.
Attachments: Appendix "A', Location Map, Site Plan. Floor Plans, and Architectural Elevations
Staff Report Prepared by: Estelio Breto, Senior Planner
16
III.F.
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orv OF OElRAY BEACH, fL
PLANNING de ZONING DEPARTMENT
ATLANTIC SHORES
- - DlCfTAL BASE MAP SYSTEM --
MAP REF: LMB82
Planning and Zoning Board Star Jort: Meeting - November 21. 2005
Conditional Use Requests for AlI",,(Ic Shores
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1. Provide engineering plan prepared by a Florida registered professional engineer.
Engineering plan is to be done on a survey base sheet. All existing facilities are to be
delineated on the engineering plan.
2. Provide accurate site location map.
3. Health Department permits are required for this project. Provide copies of the water
permit and sewer permit.
4. A SFWMD permit is required for this project. Provide copies of permit or a letter of
exception.
5. Provide copy of certified boundary survey.
6. A plat will be required. No building permit will be issued until the plat is recorded.
7. Indicate existing elevations on existing roadway.
8. Indicate proposed finished floor and paving elevations and existing and proposed site
grades.
9. Provide a typical cross section from building to adjacent right-of-way or adjacent
property at all property lines. Pay particular attention to grade differential from proposed
site to existing adjacent properties and show the existing grades on adjacent property.
10. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality
criteria (1"). Provide signed and sealed drainage calculations and indicate how storm
water will be retained on site.
11. Provide certified exfiltration trench test results.
12. Show nearest existing drainage structures.
13. Indicate on engineering plans how the roof drainage is accommodated.
14. Provide paving cross section.
15. Clearly dimension driveway width. Maximum width of driveway is 24 feet.
16. Clearly indicate on plans the limits and types of all curbing.
17. Parking layout and striping need to follow City of Delray Beach standards. Provide
standard City of Delray Beach parking stall detail.
18. Indicate stop bars and signs at egress drives as well as providing interior traffic control
markings and signage. Clearly indicate onsite traffic control.
19. Clearly indicate limits of right of way and the center line of the road.
17
1I1.F.
Planning and Zoning Board Staff lort: Meeting - November 21,2005
Conditional Use Requests for Alia, ,de Shores
20. Indicate sight distances at all ingress/egress points and all intersections. Sight triangles
should be indicated on landscape plans. Provide copy of the approved landscape plans.
Per section 4.6.14 of LOR's, any landscaping in the site triangle "shall provide
unobstructed cross-visibility at a level between 3' and 6'" this includes tree trunks.
21. Show nearest existing fire hydrants and add any necessary hydrants per fire department
requirements.
22. Provide note that water meter sizes are to be determined by the City of Deiray Beach
Utility Department upon building permit application and remove the size indicated on the
engineering plans.
23. Indicate location of existing water service. A RPZ backflow preventor will be required on
the water service. Provide standard city RPZ backflow preventor detail on plans.
24. Provide proposed water meter locations.
25. Engineer is to field verify location, size and depth of existing City of Deiray Beach utilities
prior to submitting Final Engineering Plans.
26. Provide on the plans current City of Deiray Beach standard construction details as
applicable.
27. All connections to existing water mains shall be made while the water main is under
normal working pressure. If this cannot be accommodated, the design shall incorporate
special provisions such as line-stops to minimize the impact on existing customers.
28. Indicate on plans the location of pigging wyes.
29. Provide on the detail sheet the City's standard Fill and Flush detail.
30. Proposed water main should be looped.
31. Minimum size of water main in City of Delray Beach is 8 inches. Material of proposed
water main is to be Ductile Iron Pipe or C-900.
32. Provide double valves at connection points.
33. Indicate location of irrigation water meters (east of 1-95 only).
34. Provide 12 foot water and sewer easements over water and sewer mains.
35. Indicate location of existing sewer service. A cleanout will be required on the sewer
service at the right-of-way line and/or easement line.
36. Indicate typical configuration and location of proposed sewer services with c1eanouts.
37. Indicate rim and invert of upstream and down stream manholes of proposed sewer
laterals.
38. Provide all inverts of proposed sewer manholes.
39. Provide signed and sealed calculations indicating that existing lift station and force main
which collects waste from proposed site has sufficient volumetric and pumping capacity;
18
1I1.F.
Planning and Zoning Board Stal' Jort: Meeting - November 21, 2005
Conditional Use Requests for Alia. ..Ie Shores
contact Dan Beatty at 243-7295 for needed information. Also, confirm that downstream
gravity sewer mains have sufficient capacity.
40. Provide signed and sealed calculations indicating that proposed lift station and force
main have sufficient capacity.
41. Provide details on proposed lift station. See City of Delray Beach Standards.
42. Provide details of force main connection to existing manhole.
43. Provide note on both the Engineering Plans and the Landscape plans that there shall be
no trees or shrubs placed within water, sewer or drainage easements.
44. Provide copy of approved Landscape plan.
45. Provide per LOR Section 2.4.3 (F) (4), a composite utility plan that show the location of
all existing and proposed utilities (water, sewer, power, telephone, gas, cable, and
drainage). The composite plan shall be signed by a representative of each utility
provider attesting to the fact that services can be accommodated as shown on the
composite utility plan. The composite plan shall address the responsibility for relocation
of existing services and installation of new services.
46. A minimum 10' general utility easement is to be provided through the property.
47. A certified engineer's estimate will be required for water and sewer improvements. A
110% surety and 2% engineering inspection fees will be required. A Financial
Guarantee and Agreement for Completion of Required Improvements is required. This
agreement can be obtained at www.mydelraybeach.com. For additional information see
Section II of the City of Delray Beach Minimum Construction Standards. Prior to
Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will
be required.
48. Provide a Pollution Prevention Plan. Prior to and during construction of all sites~ the
permitee shall implement and maintain all erosion and sediment control measures
included in the required Pollution Prevention Plan. For projects over One (1) Acre in
size provide a copy of FDEP Notice of Intent.
49. Provide a detailed description of how each of these comments has been addressed with
next submittal, along with two sets of revised plans to the Engineering Department, 434
S. Swinton Avenue.
50. Additional comments may follow upon provision of requested information.
19
III.F.