11-29-88 Special/Workshop
[IT' DF DELRA' BEA[H
100 N.W.1st AVENUE
DEL.RAY BEACH, FLORIDA 33444
305/243- 7000
Please be advised that if a person or persons decides to appeal any
decision made by the City Commission with respect to any matter con-
sidered at this meeting or hearing, such persons will need a record of
these proceedings, and for this purpose such persons may need to ensure
that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
SPECIAL MEETING
OF
DELRAY BEACH CITY COMMISSION
Pursuant to Section 3.07 of the City Charter of the City of Delray
Beach, Florida, Mayor Doak S. Campbell has instructed me to advise you
of a Special Meeting of the Commission to be held in the Commission
Chambers at 7:00 P.M., Tuesday, November 29, 1988.
This meeting has been called for the purpose of:
(1) Considering approval of proposal for development
of 38 acres for affordable housing.
(2) Considering approval of Addendum No. 3 to CH2M
Hill agreement.
( 3)
Considering authorizing award
contract with Roy Simon for
Facility.
of architectural
Lake Ida Tennis
---t~24~~
Eliza th Arnau
Ci ty lerk
City of Delray Beach
WORKSHOP MEETING - CITY COMMISSION
November 29, 1988
1. Ordinance No. 159-88 - Land Use Plan Amendment - Large Scale Mixed
Use Overlay Designation (City Commission).
THE EFFORT ALWAYS MATTERS
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[ITY DF DElRRY BER[H
CITY ATTORNEY'S OFFICE 3]0 S.F. hi STRUT. SL]TI4
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DLLRAY BEACH, ICLt1A 33483 305/243.7090
MEMORANDUM
D,He: November 28, 1988
To: City Con~ission
From: ,Jeffrey S. Kurtz, Assistant City Attorney
Subject: Purchase of Land from the Housing Authority
The Commission had previously entered into a contract to
purchase certain lands adjacent to Carver Estates from the
Housing Authority. This purchase of land is being done to
accommoda te the City's UDAG award. Closing on the property
with the Housing Authority has been set for December 2, with
the terms calling for a $75,000 down payment, $125,000 to be
paid to the City in five equal annual installments and credit
for payments made by the Housing Authority in lieu of taxes the
totaling $75,000 to occur over the next five years. A $1,000
deposit has already been placed on the property and at closing
the City will have to pay $77,329.80, as it was our obligation
under the contract to pay all closing expenses (see attached
closing st_atement).
The current contract with the Housing Authority is not contin-
gent upon the City successfu11y negotiating the sale of land to
a developer through the UDAG grant, but does contain a recis-
sionary clause requiring the City to begin development of the
property wi thin the one year of closing or the Housing Auth-
ority may reclaim the land upon a repayment of all funds paid
to the City with the exception that the Housing Authority would
keep the credits for their payments in lieu of taxes.
Should any member of
cerning this matter,
Of~~~l__
JSK:~'.
Attachment.
the Commission have any questions con-
please do not hesitate to contact our
CC: Walter O. Barry; City Manager
David HUddleston, Finance Director
Frank Spence, Director of Development Services
Lula Butler, Director of Community Improvement
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SPINNER, DITTMAN, FEDERSPIEL & DOWLING
ROBERT W. FEDERSPIEL, P.A.
501 East Atlantic Avenue
Delray Beach, Florida 33444
BUYER'S CLOSING STATEMENT
December I, 1988
DELRAY BEACH HOUSING AUTHORITY sale to CITY OF DELRAY BEACH
Portions of Lots 18 and 26, Sec. 20, Twp. 46S, Rg. 43E
Purchase Price
Deposit
$ 275,000.00
$
1,000.00
125,000.00
75,000.00
74,000.00
$ 275.000.00
Promissory note
Credit for payments in
lieu of taxes pursuant
to Contract
CASH AT CLOSING
TOTALS
$ 275.000.00
BUYER'S CLOSING EXPENSES
Record Deed
Documentary stamps on Deed
Abstracting
Title insurance
Municipal lien search
Courier
$ 12.30
1,512.50
95.00
1,675.00
5.00
30.00
$ 3.329.80
TOTAL BUYER'S EXPENSES
SUMMARY
Cash at closing
+Buyer's Expenses
$74,000.00
+ 3,329.80
$77.329.80
NET FROM BUYER
*Prorations are based on 1988 tax figures,
since actual tax figures are not yet avail-
able. Any differences will be adjusted
between Seller and Buyer when final bills are
received.
APPROVED BY BUYER:
CITY OF DELRAY BEACH
By:
[ITY DF DELRw~
CITY ATTORNEY'S OFFIC":
,i__di, p: -..-~~ 'L1
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!~EMORANn'JM
61'-
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Date:
November 23, 1988
To: W~lter 0. Barry, City Manager
From: Herbert W.A. Thiele, City Attorney
Subject: Addendum No. 3 to CH2M Hill Agreement
Would you please schedule this Addendum No. 3 for approval by
the City Commission at their special meeting of November 29,
1988. It needs to be approved prior to the meeting of December
13, 1988 since these start-up services and cost computations
for our litigation will need to be commenced by that date.
Thanks.
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HT:ci
Attachments
cc City commission
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'_ Engineers
_ Planners
lEliJ:IIIIlI Economists
_ Scientists
November 17, 1988
SEF24708.A7
Herbert W. A. Thiele, Esq.
City of Delray Beach
310 S. E. 1st Street, Suite 4
Delray Beach, Florida 33483
Dear Mr. Thiele:
Subject: Twenty-Series Well Field Contamination Treatment
System FDER Permit Compliance Items and Start-Up
Services Addendum No. 3
The FDER construction permit issued for the referenced
project (Permit No. WC 50-152503) list several Specific
Conditions with which the City must comply to meet the
conditions of the permit. These items include testing of
the various system components for biological clearance,
certification of the engineer of biological clearance,
on-site observation of the construction of the facilities,
engineer's certification that the construction of the facil-
ities was in accordance with the permitted design, signed
and sealed record drawings, and a test program to determine
the efficiency of the air stripping tower system. Many of
these items were anticipated and were included in the pre-
vious Addendum No.2, however, several were not and are
included in the proposed Addendum No. 3 enclosed herein.
In addition to the FDER compliance items, we have included
services to assist in system start-up and system optimization,
an operation and maintenance manual, and a present worth
cost analysis of the lifetime cost of operation and mainten-
ance of the system. The latter item is included to provide
the City with a basis during litigation for recovery of the
cost of operating the system.
I
CH2M HILL
Southeast Florida Office Hlllsboro Executive Center North, BOO Fairway Drive, Suite 350 305,426,4008
Oeert/eld Beach, Florida 33441 407.737,6665
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Herbert W. A. Thiele, Esq.
Page 2
November 17, 1988
SEF24708.A7
The work included
completion of the
the FDER permit.
or comments.
in this Addendum will need to begin upon
design in order to meet the conditions of
Please contact us if you have any questions
Sincerely,
N\~ 'S. f"v\. ~ ~_
Ted L. Belser, P.E.
Project Manager
DBT1l9/l20
cc: Bob Pontek/City of Delray Beach
Bob Wright/DFB
Mark Morris/DFB
Walter O. Barry/City of Delray Beach
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CH2M HILL
PROJECT NO. SEF24708.A7
ADDENDUM NO. 3
DATE: November 17, 1988
PAGE 1 of 5
ADDENDUM TO THE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
DATED February 11, 1988, BETWEEN THE CITY OF DELRAY BEACH,
FLORIDA, AND CH2M HILL SOUTHEAST, INC.
TITLE:
CATEGORY OF WORK:
TWENTY-SERIES WELL FIELD
FDER PERMIT COMPLIANCE ITEMS AND START-UP SERVICES
GENERAL:
This ADDENDUM shall modify the professional services agree-
ment referenced above and shall become part of that AGREEMENT
as if written there in full.
For the purposes of this ADDENDUM, the CITY OF DELRAY BEACH
shall be called "CLIENT" and CH2M HILL SOUTHEAST, INC., shall
be called "ENGINEER."
This addendum provides for professional engineering services
required for implementing FDER permit compliance items and
for start-up services for the Twenty-Series Well Field Full-
Scale Treatment System. The scope of services to be provided
are as described hereinafter.
I. SERVICES TO BE PROVIDED BY THE ENGINEER
A. DESCRIPTION OF WORK TASKS
ENGINEER will provide specific services to the
CLIENT in accordance with the following detailed
Task descriptions.
1. Task 9--Florida Department of Environmental
Regulation (FDER) Permit Compliance Items &
Start-Up Services
a. ENGINEER will develop and conduct a per-
formance testing program to determine
the contaminant removal efficiency of
the system as required to meet FDER per-
mit requirements. Engineer will prepare
a report presenting the results of the
testing program for submission to FDER.
b. ENGINEER will prepare record drawings
which will document all changes in the
design documents originally submitted to
FDER with the project permit application.
c. ENGINEER will review completed project
for conformance with the permitted de-
sign and shall certify completion of the
project in accordance with the design to
FDER.
d. ENGINEER will provide one man-week of
services of a water treatment process
engineer/chemist for start-up assistance
and process optimization.
e. ENGINEER will prepare a written operation
and maintenance manual outlining the
DBTl19/121
CH2M HILL
PROJECT NO.
ADDENDUM NO.
DATE: November
PAGE: 2 of
SEF24708.A7
3
17, 1988
5
recommended operation and periodic main-
tenance for the Contamination Treatment
System.
f. ENGINEER will prepare a present worth
analysis of the projected cost of opera-
tion and maintenance over the projected
life of the system for use by the CLIENT
in recovering that portion of the cost
of the contamination clean up during
litigation.
B. ASSUMPTIONS
The work described herein is based upon the assump-
tions listed below. Should conditions differ from
those assumed in a manner that will affect budget
or schedule, the ENGINEER will advise the CLIENT
in writing of the magnitude of the required ad-
justments. Changes in compensation to the ENGINEER
will be as negotiate with the CLIENT.
1. The performance testing described in Task 9a
will utilize the results of the sample analy-
sis as outlined in Task 8 of Addendum No. 2
(previously authorized). ENGINEER will advise
the CLIENT of any additional sampling which
may be required by FDER during start-up.
2. The start-up services described in Task 9d
will be completed within the first 45 days of
operation of the system. CLIENT will provide
available in-house laboratory services avail-
able to ENGINEER to assist in assessing the
impact of the air stripping system to the
water treatment process.
3. The projected cost of the operation and main-
tenance of the system and present worth analy-
sis described in Task ge will be based on
available data, estimated time of operation
of the treatment system, life of the compo-
nents, cost of energy and other factors util-
izing the jUdgment of the ENGINEER. The
CLIENT will review the assumptions prior to
completion of the task and provide guidance
to the ENGINEER on any areas of concern.
4. ENGINEER will provide two signed and sealed
copies of the record drawings for submission
to FDER.
5. ENGINEER will provide 10 copies of the com-
pleted 0 & M manual to the CLIENT for his
use.
II. COMPENSATION TO THE ENGINEER
Compensation for the professional engineering services
as described hereinafter are estimated not to exceed
the following:
DBTl19/121
CH2M HILL
PROJECT NO.
ADDENDUM NO.
DATE: November
PAGE: 3 of
SEF24708.A7
3
17, 1988
5
Labor Total
Cost Expenses Cost
Task 9--(FDER) Permit Compliance
Items & Start-up Services $28,580 $ 6,200 $34,780
TOTAL $28,580 $ 6,200 $34,780
Compensation for services will be based upon direct
salary cost multiplied by a factor of 2.35, plus direct
expenses connected therewith, and will be invoice
monthly.
This Addendum is subject to renegotiation in the event of
settlement between the State of Florida, FDER, and Aero-Dri,
et al., or the CLIENT and Aero-Dri, et al.
III. INSURANCE
Without limiting any of the other obligations or lia-
bilities of the ENGINEER, the ENGINEER shall, at his
own expense, provide and maintain in force until all
the services to be performed under this agreement have
been completed, the following insurance coverages:
A. Workers Compensation Insurance to apply to all
ENGINEER employees in compliance with the workers
compensation law of the State of Florida and all
applicable federal laws. In addition, the
policies must include:
1. Employers Liability with minimum limits of
$1,000,000 for each accident.
2. Notice of Cancellation--the policies must be
endorsed to provide the CLIENT with 30 days'
notice of cancellation.
B. Comprehensive General Liability with minimum
limits of $3,000,000 per Occurrence and in
the aggregate combined single limit for Bodily
Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more
restrictive than the latest edition of the
Comprehensive General Liability Policies, as
filed by the Insurance Services Office and
must include:
1. Premises and/or operations.
2. Independent contractors.
3. Products and completed operations--ENGINEER'S
insurance shall maintain in force until at
least 3 years after completion of all services
required under this agreement, coverage for
products and completed operations, including
broad form property damage.
4. Explosion, collapse and underground
coverages.
5. Broad form property damage.
DBTl19/121
CH2M HILL
PROJECT NO.
ADDENDUM NO.
DATE: November
PAGE: 4 of
SEF24708.A7
3
17, 1988
5
6. Broad form contractual coverage applicable to
this specific agreement.
7. Personal injury coverage with limits included
with those required for Bodily Injury and
Property Damage Liability.
8. The ENGINEER'S insurance, including that
applicable to the CLIENT as an additional
insured as respects ENGINEER'S liabilities
hereunder shall apply on a primary basis in
any and other insurance maintained by the
CLIENT shall be in excess of and shall not
contribute with the ENGINEER'S insurance.
9. Notice of cancellation-_the policies must be
endorsed to provide the CLIENT with 30 days
notice of cancellation.
10. The CLIENT must be named as an additional
insured as respects ENGINEER'S liabilities
hereunder, under the policies.
C. Business Automobile Liability with minimum limits
of $1,000,000 per occurrence combined single limit
for Bodily Injury Liability and Property Damage
Liability. Coverage must be afforded on a form no
more restrictive than the latest edition of the
Business Automobile Liability Policy, as filed by
the Insurance Services Office and must include:
1. Owned vehicles.
2. Hired and non-owned vehicles.
3. Notice of cance1lation--the policies must be
endorsed to provide the CLIENT with 30 days'
notice of cancellation.
4. The CLIENT must be named as an additional
insured as respects ENGINEER'S liabilities
hereunder under the policies.
D. Professional Liability Insurance with minimum
limits of $1,000,000 per Occurrence and in the
aggregate applicable to projects to be billed under
this agreement and requiring notice to the CLIENT
at least 30 days prior to cancellation. Coverage
shall be afforded on a form acceptable to the
CLIENT. ENGINEER shall maintain such Professional
Liability Insurance until at least 3 years after
completion of all services under this agreement.
E. Prior to commencement of services, the ENGINEER
shall provide to the CLIENT Certificates of Insur-
ance evidencing the insurance coverage specified
in foregoing paragraphs. The required Certifi-
cates of Insurance should not only name the types
of policies provided, but also shall refer specif-
ically to this agreement and section and to the
above paragraphs in accordance with which insurance
is being furnished, and shall state that such in-
surance as required by the paragraphs in this
agreement. The ENGINEER shall also allow the
DBT1l9/12l
CH2M HILL
PROJECT NO.
ADDENDUM NO.
DATE: November
PAGE: 5 of
SEF24708.A7
3
17, 1988
5
CLIENT to review a copy of the Professional Lia-
bility Insurance required above. If the initial
insurance policies required by this agreement ex-
pires prior to the completion of the services re-
newal, Certificates of Insurance or policies shall
be furnished prior to the date of their expiration.
************************************************************
CITY OF DELRAY BEACH
CH2M HILL SOUTHEAST, INC.
BY:
TITLE:
Mayor
BY:
TITLE: Vice President and
Regional Manager
Attest:
Attest:
Date:
Date:
Approved as to form:
CLIENT Attorney
Date:
DBT1l9/12l
LAW OFFICES OF
ROGER G. SABERSON. P.A.
DELRA Y EXECUTIVE MALL
110 EAST ATLANTIC A VENUE
DELRA Y BEACH, FLORIDA 33444
(407] 272-8616
. t<l";CU
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NU'v 2 6 \988
CITY MA!':.":::~ : :~f\CE
November 28, 1988
Re: Marina Cay - Large Scale
fVLJtt( t
I ' ltv~
Mixed Use ordinaJJe (159.88)
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Mr. Walter Barry, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Walt:
We appreciated being able to meet with you and your staff
regarding the above referenced Ordinance.
I enclose herewith a copy of the draft of the Ordinance we
submitted to you with the modifications agreed to at our meeting.
It is my understanding that you will have this draft distributed
to the City Commissioners.
Thank you for your cooperation in this regard.
Sin..;;relY yours,
!Z A;'~
ROGER G. SABERS ON
RGS/sms
Enclosure
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ORDINANCE NO. 159-88
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE TEXT OF THE
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY
CREATING A LARGE SCALE MIXED USE DEVELOPMENT
DESIGNATION, WHICH LAND USE CATEGORY WILL BE
SHOWN ON THE LAND USE PLAN MAP IN AN OVERLAY
MANNER AND WILL BE INTENDED TO IDENTIFY THE
LOCATION OF AREAS WHICH MAY BE SUITED FOR SUCH
LARGE SCALE MIXED USE DEVELOPMENT: PROVIDING FOR
A DEFINITION AND CRITERIA; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
Development is as follows:
That the text of the Large Scale Mixed Use
The general development philosophy of the City of Delray Beach is
to maintain a village-like community. However, in certain
locations it is necessary to accommodate a more intensive scale
of development in order to achieve redevelopment or the arresting
of decaying and/or blighted areas. The application of the "Large
Scale Mixed Use" land use designation on certain properties
provides one avenue for achieving this need.
The "Large Scale Mixed Use" designation shall be shown on the
Land Use Map in the following manner:
its outer perimeter shall be clearly delineated and
shall include, as applicable, such features as
waterways, waterbodies, property lines, and major
streets;
it shall be an overlay which is imposed upon the
underlying land use designations;
the legend shall refer to the Land Use Element text for
the manner in which development within the designation
is pursued.
The "Large Scale Mixed Use" concept is defined and pursued as
follows:
it includes the horizontal and/or vertical relationship
of office, retail, residential, service, and
recreational land uses (or any combination thereof)
within a single, unified development;
it shall generally be in excess of ten (10) contiguous
acres;
the actual development shall be processed and approved
through the City's SDecial Activities District (SADl
zoning designation. At the time that SAD zoning is
sought, a determination of consistency with other
relevant aspects of THe ComDrehensive Plan must be
made, along with establishment of the mix and intensity
of land uses;
In order to assist the City in making a determination relative to
intensity of use, at a minimum, the following items must be
presented with the SAD zoning petition:
a traffic impact study;
a water demand and sewer impact study;
an economic feasibility study for the nroiect; and
an adjacent property impact study, said study to
address physical relationships, as expressed through
design features, e. g. height, bulk, view corridors,
shadows, etc., of the project to adjacent properties;
it shall also address the impact upon nearby community
landmarks and design features, if any.
The determination relative to the maximum intensitv and mix of
use, shall be made through using one of the following techniques.
The choice of technique to be used rests solelv within the
discretion of the project proponent, not the city. In both
cases, the land uses which are allowed for the project shall be
the same as shown as the underlying or base land uses for the
area encompassed within the overall project boundaries as
depicted on the Land Use Map, excent that when within the nroi~ct
boundaries there are underlvinl! Sinl!le Familv and Multi Fam_lv
desil!nations and if the area which is desil!nated Sinl!le F~~l: is
10% or less than the area of the nroiect that is des: n_ted
Multi Familv then the units that would otherwise ~ ~inl!~e ~:m~~v
mav. if desired bv the nroiect annlicant be const__c_ed _s __1__-
fami1v tvoe units.
Traditional Annroach: This approach ~ be used when
the project does not approach maximum development
limits. The resultinl! ratio or relative relationshin of
one use to another when utilizinl! this ann roach does
not have to be the same as would result when usinl! the
Maximum Ratio Annroach set forth below.
(a) Show on a site plan what one might expect to see
if the property were developed independently for
each of the underlying land use designations under
(then) current market conditions, e.g." a
commercial site plan for that land with a
commercial designation and a residential site plan
for that land with a residential designation.
(b) Mix the commercial and/or office and/or service
floor area from the commercial site plan with the
unit count from the residential site plan and
design an integrated use (mixed use) over the
entire site.
Maximum Ratio Annroach: A key element of this
approach is that the resulting ratio or relative
relationshin of one use to another as established when
annlvinl! the formula in (a) and (b) below be
annroximatelv maintained for the nroiect:
(a)
The maxi_ floor area for nonresidential uses
(commPrcial. retail, office, service. industrial)
shall be established as being ,986 of the total
area encompassed with the boundaries of the
nonresidential designation as shown on the Land
Use Map;
Example will change if
ratio remains at .986
Example: Commercial area of 1.8 acres - 18.408
sq. ft. of commercial land are;
78,408 times .82 - 64,295 sq. ft. of nonresidential
(commercial, office, etc.) floor area maximum.
(b) The maximum unit count shall be established by
calculating the acreage of the total area
encompassed by residential designations on the
Land Use Map and multiplying it by the highest
permissible density for those designations and
then adding a factor of 10% more.
Example: 8.4 acres shown as MF.IO and 1. 3 acres
shown as MF-15:
8.4 times 10 - 84
1.3 times 15 - 19.5 rounded to 20
(84 + 20) times 1.10 - 114.4 - 115 units
maximum
(c) Mix the land uses in a ratio consistent with the
maximums as determined above: for example (using
the numbers from the examples), the maximum
nonresidential floor area is 64,295 sq. ft.; the
maximum residential unit count is 132. If either
the nonresidential or the residential component of
the LSMU project is reduced below the maximum, the
other component of the project must also be
reduced so that the aDDroximate relative
relationship of one type of use to the other is
maintained, i.e., in this example the relationship
would be maintained in the following reductions:
75%; 48,221 sq.ft. nonresidential with 99 units;
50%; 32,148 sq. ft. nonresidential with 66 units,
etc.
(d) The program for build-out (phasing) ,if anv. shall
be included in the SAD petition and shall require
that each phase of development be completed in an
approximate proportion to the maximum uses ratio.
Example: Using the above examples, the maximum
use ratio would be that for each 487 sq. ft. of
retail or office use, there would be one
residential unit.
Notwithstandino: the above, as a part of the SAD
application, alternatives to maintainino: the
aDDroximate DroDortion of the maximum uses ratio
as set forth above may be proposed and approved.
In the event that property owners choose not to proceed under the
"Large Scale Mixed Use" designation, development shall be
consistent with the underlying or base land use designations as
delineated on the Land Use Map.
The designation of "Large Scale Mixed Use" does not require the
City to ultimately approve such a project. If, after review of
the SAD zoning petition, accompanying materials, and assessment
of the project against other aspects of the Comprehensive Plan
and good zoning principles, it is determined that the proposed
project is not in the overall best interests of the City, it may
be rejected and development shall proceed per the underlying or
base land use designations.
Section 2. That the Planning Director of the City of Delray
Beach shall, upon the effective date of this ordinance, amend the text of the
Land Use Plan Element of Delray Beach, Florida, to conform with the provisions
hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be declared
by a Court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular
reading on this the ____ day of
session on second
19_.
and final
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
[IT' DF DELRAY BEA[H
"'.J '~ '''J')
MEMORANDUM
TO:
Mayor and City Commission
FROM:
Walter O. Barry, City
Manaq~
SUBJECT:
LARGE SCALE MIXED USE TEXT AMENDMENT
DATE:
November 28, 1988
City staff and representatives from the Marina Cay project met to
discuss Ordinance No. 159-88. The attached ordinance was prepared by
the representatives of the developer and contains several primarily
editorial revisions suggested by City staff. The attached ordinance
establishes the ratio of non-residential use to the total area at .986
which is consistent with direction received from the Commission last
Tuesday. It is this ratio which will be the primary focus of
discussion at your workshop meeting.
The RLarge Scale Mixed Use" concept is an innovative approach to
encourage development of otherwise marginally developable properties or
to provide a mix of residential, commercial, office and retail uses
within a single project. As a result the intensity of use for the
property is increased allowing the developer an opportunity to create
an economically viable project. The question before the Commission is
how much incentive should we provide in the form of increased
commercial area for this development.
Guidelines do exist for residential development ratios however they are
not readily present in other zoning categories of the City. For this
reason establishment of the ratio to be allowed carries precidential
importance. In addition, compatibility with adjacent land uses and
densities must be considered.
WOB:nr
(d
E'. !", lA, ;.
M;"1 '~'::.R:::
I
..
,
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TER O. BARRY, CITY MANAGER
b g+1\1~s";'~IRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
DATE:
NOVEMBER 28, 1988
SUBJECT:
LARGE SCALE MIXED USE. PLAN TEXT AMENDMENT
CITY COMMISSION WORK SESSION OF NOVEMBER 29, 1988
The Planning and Zoning Board has spent one and one-half hours
addressing the background and concepts associated with the
proposed large scale mixed use Land Use Plan category. Attached
is background material which addresses:
chronology
perspective
necessarily
of events (important since it gives a
on the original proposal which is not
advanced during present discussions).
evolution of the proposed text; note that the first
draft was 29 lines in length; 51 lines for the original
ordinance; to approximately 140 lines in the most
recent ordinance draft.
the most recent planning and Zoning Board staff report
which includes a table of "intensities" for typical
projects either built or approved in Delray Beach.
Also attached is a table showing a range for commercial land use
intensity.
A review of the above items will provide a better understanding
of the factors which have gone into the determination of this
proposed plan amendment.
Comment: While the direction which the amendment has taken
(focus on maximum ratio approach) does not create a concern with
me, two concerns are raised. These are:
1) that the intensity becomes too great and we (the City)
finds itself in a defensive position at the time of
acting on a S.A.D. application. For the type of work
which we are now embarking upon, it would be more
appropriate to actually go into full scale
consideration of the "floor area ratio approach". Such
an effort is beyond that which was discussed as being
commensurate with the effort to be put into this
specific plan amendment.
l
.
,
To: Walter O. Barry, City Manager
Re: Large Scale Mixed Use Plan Text Amendment
City Commission Work Session of November 29, 1988
Page 2
2) that the ratio becomes lost and we end up with a
project whose resulting land use does not reflect the
general direction of the land use plan -- to overcome
this problem, I suggest that if the commercial ratio
goes to .98 that the residential portion of the project
must increase to 125% of the maximum unit count allowed
by the underlying designation.
Attachments
l
.
,
M E M 0 RAN DUM
S T A F F
R E P 0 R T
TO:
FROM:
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
ID . ~V~'~TOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT:
AGENDA ITEM V. A
REGULAR MEETING OF NOVEMBER 21, 1988
REVISED TEXT FOR LARGE SCALE MIXED USE. LAND USE MAP
DESIGNATION
ITEM BEFORE THE BOARD:
The action requested of the Board is that of forwarding a I
recommendation to the City Commission with respect to I
revised wording for the text of a land use plan amendment :
which establishes the category of "Large Scale Mixed Use".
In a companion action, the Board should also recommend
whether or not the designation should be applied to the 11.2
acres commonly known at the "Marina Caye Project" site.
BACKGROUND:
This proposed Land Use Plan (map) amendment has been under
consideration for quite some time. See the background data which
was prepared for the Board's work session held on November 3rd
for a complete chronlogy of preceeding events.
The proposed amendment and affixing the designation to the Land
Use Map is before the Board at this time since the City
Commission is now considering the enactment of the second Land
Use Plan Amendment for the year 1988. The Commission will be
holding public hearings on the Plan Amendment on November 22,
1988, and on December 13, 1988.
ANALYSIS:
A complete analysis of the proposed changes to the original text
was prepared for and discussed at the work session on November
3rd. At that work session, the Board felt that the question of
how to determine the maximum amount of non-residential use which
can be applied could stand as recommended by staff but that a
"cap" be created. The cap would be a ratio of floor area to lot
'J.~.
l
.
,
To.: Planning and Zoning Board
Re: Revised Text for Large Scale Mixed Use,
Land Use Map Designation
Page 2
area. Two site plans were reviewed at the work session. These
site olans had a ratio of approximately .25 and .45. The .25
ratio was for a standard, single story, strip facility. The .45
ratio was for a four story structure with surface parking.
Subsequent to the work session, the Planning staff developed
ratios for more than 100 projects which have had site plans
approved by the City. The result of that analysis shows the two
site plans which were reviewed to be representative. The list of
projects and their respective ratios are attached.
Based upon the factor that the Large Scale Mixed Use designation
is meant to encourage redevelopment, it is appropriate to provide
for an increase in the amount of non-residential development
which would be allowed if one strictly adherred to the base land
use designation (in the case of Marina Caye, commercial). When
the matter was before the City Commission previously, a factor of
a 20% increase was suggested. That figure appears low especially
since it was initially to be applied to lot area and not to floor
area. Lacking a more sophisticated analysis, the consideration
of increasing by one-half the (normally) allowable commercial use
area seems quite generous. Applying the factor of 1.5 times the
ratio of .45 for the site plan reviewed at the worksession, the
maximum ratio would be .675. This is the ratio which is
recommended by the Planning Director.
Other aspects of the proposed text seemed agreeable to the Board
and no alterations are suggested. Only the proposed text,
along with insertion of the maximum ratio, is provided with this
documentation. Please refer to the worksession materials for the
history and detailed analysis.
RECOMMENDED ACTION:
By motion, recommend adoption of the proposed text for a large
scale mixed use designation with a maximum ratio of .675.
And, by motion, recommend that the new designation be applied to
the approximately 11.2 acre parcel known as the "Marina Cay"
site.
Attachments:
language for the proposed text amendment
Marina Caye location map
c:
Richard Brautigan, Agent
REF/DJK#35/PZLSMU.TXT
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~
M E M 0 RAN DUM
TO:
ANNING AND ZONING BOARD
CI OF DELRAY BEACH
r, ",\;J j ~ UC..,e4--
ID~VACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT:
WORKSHOP SESSION OF NOVEMBER 3, 1988
LARGE SCALE MIXED USE TEXT AMENDMENT
Formal action on a text amendment to the Land Use Element which
accommodates a "Large Scale Mixed Use" designation will be before
the Board at its meeting of November 21, 1988.
At this workshop (~ovember 3rd) background for that action will
be discussed. To, assist in understanding this subject, I have
prepared the following which are enclosed:
1. A chronology of events along with attachments showing
original language and alterations which have already
been considered; and,
2.
Proposed language which accommodates
review comments and may accommodate the
on the potential Marina Caye project.
all pertinent
latest thoughts
I shall also attempt to evaluate the latest Marina Caye proposal
pursuant to the proposed language. Such an attempt will relate
only to the "mix of uses" provisions and not to the "intensity of
use" provisions since the latter can be assessed only upon review
of complete site plan and the other information which is required
as a part of a S.A.D. zoning petition.
I would like the workshop to proceed in the fOllowing manner:
1. review of the chronology and bringing new members of
the Board up-to-speed (Director and Board);
2. review of the proposed language by the Director and the
Board;
I
.
,
4~
Planning and Zoning Board
Workshop Session of November 3, 1988
Large Scale Mixed Use Text Amendment
Page 2
3.
comments, questions, statements by others including how
it relates to the proposed Marina Caye* project.
* While normally it is best to devise such concepts
in the absence of a particular development
proposal, in this case it is appropriate to do so
since without the immediacy of this project, the
Board would not be considering the large scale
mixed use concept except as a part of the evolving
comprehensive plan update program.
4. discussion and comments by the Board.
Following the workshop, I shall prepare revisions to Ordinance
99-87 and place it and the companion Ordinance 100-87 on your
agenda for November 21st. (The companion ordinance places the
LSMU designation on the 11.2 acres which comprise the Marina Caye
proposal -- modifications to that ordinance are simple).
Attachment
REF/DJKi35/LSMU3.TXT
l
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/
BACKGROUND - CHRONOLOGY RE "LARGE SCALE MIXED USE" AMENDMENT
The concept of a Land Use Map designation of "Large Scale Mixed
Use" evolved from review of a Land Use Plan Amendment request
which was initially filed in the summer of 1987. The following
is a chronology of the events which have led to consideration of
the concept at this point in time -- November, 1988.
June 18, 1987: consideration of a Map Amendment from SF and RM-I0
to "C" on 10.16 acres involving County land located just south of
the "Delray Drive-In" property. There was a consensus that this
request was not in keeping with policies of the City's
Comprehensive Plan. See the P&Z Staff Report of June 18th for a
complete analysis of the associated issues. The agent opted to
change the petition before the Board in order to pursue a new
designation of "Large Scale Mixed Use" (LSMU). The proposal, at
that time, included over thirty acres of land. There was a
feeling among Board Members that the proposal should receive
further consideration and it (the Board) forwarded a
recommendation that the LSMU Designation be created. A copy of
the proposed text is attached. In a companion action, it was
recommended that the designation be applied in an "overlay" in
the vicinity of the Delray Beach Drive-In.
July 14, 1987: The City Commission, following a public hearing,
accepted the recommendation of the Board and directed that it be
forwarded to the State (DCA) for continued processing.
July 20, 1987:
public hearing
comment on this
The Planning
in order to
new concept.
and Zoninq Board held a
obtain additional further
special
public
August 5, 1987: The Planninq and Zoninq Board made some minor
changes to the proposed text and returned the item to the City
Commission.
During the DCA review process the following comments and points
were made by review agencies:
should be used for areas which are to be "redeveloped";
text should provide it is to be used only for
redevelopment purposes;
outer boundaries of the affected area should be
more specifically identified;
provision for county comment when development is
proposed under the LSMU designation;
definition as to how the underlying land use mix will
be determined;
definition as to how the resulting land use intensity
will be determined; and,
opposition from the Town of Gulfstream.
December 1, 1987: First Readinq of Enacting Ordinance. Passed
with direction that additional language which addressed review
comments be prepared.
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December 21, 1987: P1anninq and Zoning Board consideration of
additional l"llguaqe - see that Staff Report for specific text
changes. Tho City Attorney commented on the proposed additions
and determined that by allowing a 20% increase in land use
intensity, the change was significant and it would need to be
readvertised. The Board recommended that the ordinance not be
enacted and further consideration of this matter be deferred
until after completion of the Comprehensive Plan update.
December 22, 1987: Second Readinq of Enactinq Ordinance. The
language in Ordinance 99-87 accommodated appropriate comments
from the review process but did not include a provision of an
increase in intensity of use (i.e. the 20% provision). The
Commission did not enact the ordinance but referred the proposed
amendment back to the Board to be considered concurrently with
Land Use Plan Amendment 1988-1.
July, 1988: Land Use Plan Amendment 1988-1 was before the City
Commission. There had been no further communication with the
project's agent regarding it and staff recommended denial of the
ordinance; thus, being consistent with the Board's recommendation
of December 21, 1987. The property owner appeared, stated the
project was alive, sought a continuance, and designated a new
agent. A three month continuance was granted.
August 3, 1988: Aqent and Director meetinq. A sketch plan of a
"downscaled" Marina Cay project was viewed. This sketch plan
included only the 11.2 acres under the owner t s control and not
the 30+ acre development package which may have been the impetus
for the Board's June of 1987 support for the project. Attention
was then focussed upon how the "density" and "intensity" could be
determined. Three approaches were identified. They were:
A. Standard Approach -- what was understood by most at the
time the LSMU amendment was initially processed;
B. Maximum Ratio Approach maximum development but
retaining a ratio between commercial and residential
land uses i.e. between the underlying Land Use Map
designations. (Pursuant to the City Attorney's comments
in December, 1987, this approach may require new
wording in the ordinance and readvertising).
C. A Land Use Allocation Approach -- would accommodate a
predominance of one use such as commercial. This
result was not desirable based upon the Board's early
rejection of having the entire holdings becoming
commercial.
** See the meeting notes for further description of each of these
alternatives.
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September 12, 1988: A Sketch Plan and Land Use Proposal were
provided to the Director from the agent.
October 25, 1988: Consideration of Enactinq Ordinance was again
before the City Commission and direction was given to modify the
ordinance, as appropriate, and continue processing. This
action has resulted in:
reviewing the background and implications at a Planning and
Zoning Board work session on November 3, 1988;
formal Board review and recommendation at its meeting of
November 21, 1988;
readvertising of these Land Use Element and Land Use Map
Amendments for a November 22, 1988, City Commission public
hearing and consideration of first reading of enacting
ordinances at that time; and,
public hearing and second reading of the enacting ordinances
at the Commission's special meeting of December 20, 1988.
Attachments:
A June 18, 1987 version of LSMU text
B August 5, 1987 version of LSMU text
C. December 22, 1987 City Commission documentation which
sets forth language to accommodate review comments
D. Ordinance 99-87 which incorporates language which could
have been enacted but which may not accommodate the
"maximum ratio approach" which is advocated by Marina
Caye.
REF/DJK*35/LSMU.TXT
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PROPOSED TEXT
- LAND USE ELEMENT _
LARGE scar.1?: MIXED USE DEVELOPMENT:
The LAnd Use Hap identifies the approximate location of areas which
-y be 5Il1ted for Idrge scale, m1xed Use development. MiXed Use
develoc-ent, for purposes of the section includes the horizontjll
dnd/or vertical reldtionship of office, retail, residential,
service, dDd recreational land uses (or any combination there of)
with1a. Single, unified development. Such a land use must be
prooecaed and approved through the Clty's Special Activities
Dbtrict (SAD). At the time the Zoning .aPPlication is considered, a
detenaiDAtion of consistency with other relevant aspects of The
Coarpreheaaive Plan must be made. In order to assist the City in
making such a determination, dt . minimum, the fOllowing materials
must be presented with the rezoning application:
a traffic impact stUdy;
do water demand dnd sewer impact stUdy;
dl1 economic feasibili-ty study;
an adjacent property impact study,
limited to physical relationships
ddjacent properties;
a schematic design showing the general character of the
development and its relationship not only to adjacent
properties but to community landmarks and design features.
said stUdy to
of the project
be
to
This land Use category is shown on the land use map in an overlay
manner i.e., it is marked with 4 special symbol overlaying a general
drea. Not Withstanding this deSignation, individual properties may
develop within a Idrge scale, miXed use area pursuant to the
underlYing land use Classifications. However, prior to dpplying for
S.A.D. ~oning under this portion of the land use element (plan), it
is first necessary to process do plan amendment requesting the
application of the overlay to a property or a group of properties.
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PROPOSED TEXT
FINAL VERSION
AHENDKENT TO CITY OF DELRAY BEACH COMPREHENSIVE PLAN ADDING A NEW
DESIGNATION OF:
LARGE SCALE MIXED USE DEVELOPMENT:
The Land Use Map identifies the approximate location of areas
which may be suited for large scale, mixed use development.
MiXed use development, for the purposes of this section includes
the horizontal and/or vertical relationship of office, retail,
residential, service, and recreational land uses (or any
combination thereof) within a single, unified development
. generally. in excess of ten (10) acres. The actual development
must -be ,processed and approved through the City's Special
Activities District (SAD).
At the. time a zoning application is considered, a determination
of consistency with other relevant aspects of the Comprehensive
Plan must be made. In order to assist the City in making such a
determination, at a minimum, the following items must be
presented with the rezoning application:
a traffic impact study
a water demand and sewer impact study
an economic feasibility study
an adjacent property impact study, said study to be
limited,to.Physical.relationshiPs of the project
to adjacent properties'
a:schematic design Showing the general character of the
'develoJ;llitent-andits'relationship not. only to.adjacent
prOperties but' to community landmarks and deSign
features.
This land use..category/designation' lsshown on -the land, use map
in ."an. oyerlay:~. manner Le.,. it is marked with a special symbol
overl,aYing..a general area. In the event; land. is not developed
for.'a.large";scale'~'.mixzd use,. individual properties may"develop
pursuant to the'underlYi~g land use Classifications;
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The above is as finally recommended by the Planning and Zoning
Board at its meeting of August 5, 1987.
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MA YOR A\I) co",nUSSION CO\'-'IL\IC\ "ION
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To:
Honorable M<ivor and City Commission
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Subject:
City eo..ission Documentation
iag of December 22, 1987
laa Amendment, Large Scale Hixed Use Text
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Davi J. KD~~s, Director
Depart.eat of Planning and Zoning
Froc:
ITEM BEFORE THE COMMISSION:
The action being requested of the COlIIIIission is adoption, on
second reading, of Ordinance 99-87 modifying the text of the Land
Use Plan and establishing a land use.designation of "large scale,
mixed use".
It is necessary to take an action~onight if it is
this ..text amendment become effective as a part
amendment package. See alternative actions, if
deferred.
desired that
of the 198;-
the item is
PROJECT HISTORY:
The documentation of December 1, 1987, provides, the background
regarding the oriqin of this proposed text. At that meeting, the
Commission set this hearing date and asked that additional
language which addresses comments raised by Palm Beach County
Planning Office be drafted.
Additional Lanquaqe: Three of the points raised by the County
are appropriately addressed through a modification to the text.
The fo~th point, dealing with notice to the County is best
handled through internal procedures rather than a plan
amendment. The additional language is as follows:
Re: that the designation be used for redevelopment only...
ADD as a new first paragraph:
"The general development, philosophy of the City of
Delray Beach is to maintain a low-intensity, small town
atmosphere. However, in certain locations it may become
necessary to accommodate a more intensive scale of development in
order to provide for redevelopment of decaying or blighted areas.
Thus, the concept of a large scale, mixed-use designation has
been deemed appropriate in order to further redevelopment
objectives."
ISSLED BY
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To:
Re:
Honorable Mayor and City Commission
City Commission Documentation
Meeting of December 22, 1987
Re: Plan Amendment, Large Scale Mixed Use Text
Page 2
Re: that the outer boundaries be designated whenever a plan
amendment to this category is proposed ..... ADD to the end of
the existing first paragraph:
"Whenever a land use plan amendment, which amendment
seeks the application of this designation, is considered, the
outer perimeter of the area which may be affected shall be
clearly delineated. Such boundary should include natural
features such as waterways and major streets."
Also, REVISE the last paragraph of Section 1 to read: "This land
use category/designation is shown on the land use map in an
overlay manner but with the boundaries of its application clearly
identified by natural features such as waterways and major
streets."
Re: that the basis for computation of percentage of
land use mixed be more clearly identified .... ADD prior to the
last sentence of Section 1:
"The land uses allowed under the large scale mixed use
designation shall be the same as shown as underlying or base uses
on the land use map. However, they may be mixed and do not need
to conform to the boundaries of the base uses. The formula for
determining the use mix is simply the proportion of the uses as
shown as underlying districts. However, an increase of intensity
of 20% of land area and/or allowable use for the most permissive
underlying land use category may be allowed at the time of
rezoning with the development still being deemed consistent with,
this designation."
The Planning and Zoning Board will
recommendation in light of the review
December 21st. Their comments will
Commission meeting.
reconsider its previous
comments at its meeting of
be provided at the City
ALTERNATIVE ACTIONS:
1. Include the additional language as a part of the second
reading of the proposed ordinance and enact same.*
2. Refer the additional language to the Planning and Zoning
Board for review and recommendation. If this action is
taken, the amendment cannot occur in 1987 and will then be
held up until such time as Amendment 1988-1 is processed.
Thus, the tentative enactment date would be in June or
July.
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To: Honorable Hayor and City Co~mission
Re: City Commission Documentation
Meeting of December 22, 1987
Re: Plan Amendment, Large Scale Mixed Use Text
Page 3
3. Defer consideration of this time until such time as the
revised comprehensive plan is before the Commission.
Appropriate direction would be for the Planning and Zoning Board
to reconsider this item with the plan revision/update.
4. Reject the concept as incompatible and inappropriate for
the City of Delray Beach.
*
The City Attorney must determine if the proposed
language is a substantial change to the ordinance. If
so, the text cannot be enacted without advertising thus
not allowing this course of action.
RECOMMENDED ACTION:
Since this is a policy matter, there is no staff recommendation.
Attachment: Proposed Ordinance 99-87
REF/DJK#9/B:LSMUPA.TXT
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ORDINANCE NO. 99-87
AN ORDINANCE OF THE CITY COUNcIL OF THE CITY OF DELR.\y
BEACH, FLORIDA, AHENoING THE TEXT OF THE LAND USE ELEMENT OF
THE COMPREHENSIVE PLAN BY CREATING A LARGE SCALE MIXED USE
DEVELOPMEIf'1' DESIGNATION, WHICH LAND USE CATEGORY WILL BE
SHOWN ON THE LAND USE PLAN IIAP IN AN OVEllX.\'{ MANNER AND WILL
BE INTENDED TO IDENTIfY THE Al'PRoXlIlATE LOCATION OF AREAs
WIlICH IlAY BE SUITED FOR SUCH LARGE SCALE MIXED USE
DEVELOPMEIf'1', PROVIDING AN EFFEcrlVE DATE.
NOW, THEREFORE, BE IT ORD.\INED BY THE Cln' COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLows:
Section 1. Th.t the text of the wrqe SC.le Mlxeel. U.e
Development 1. .. fOllow..
Th. qen.r.l el.ev.loPment phl1o.,phy Of the City ot Delr.y
Beach 1. to malnt.ln . low-lnten.lty, amall town atmo.Phere.
However, in certaln loc.tlon. lt May become nec....ry to
aCCommod.t. · more lnten.lve ac.le ot el.evelopment ln orel.er
to provide for redevelopment of el.ec.Ylnq or bllqhteel. .re...
Thus. the concept of. l.rge sC.le. mlxeel.-use el.e.lqn.tlon
hac been el.eemed .pproprl.te ln orel.er to further
redevelopment Objectlve..
The Land Use Map ldentlfles the approxlmate loc.tlon of
.re.s whlch may be sulted for l.rqe scale, miXed USe
development. Mlxed U.e development, far the purPOSe.
of thl. .ectlon lnclude. the horlzontal and/Or Vertlcal
relatlon.hlp of oftlce, retall, resldentlal, .erylce,
and recreation.l land US" (or any comblnation there
of) wlthln a .lnqle, unlfled development qen.rally ln
exces. of ten (10) acre.. The actual development mu.t
be prOCe.seel. and approved throuqh the Clty'. SPeclal
Actlvltles Dlstrlct (SAD). Whenever a lanel. U.e plan
amendment. whlch amendment seek. the aPPllcatlon of
thls de.lqn.tlon, 1. con. lel..red , the Outer Perlmet.r of
the ar.. whlch may be .ffected shall be cle.rly
dellne.ted. Such bound.ry .hould lnclud. n.tural
f.ature. .uch a. w.t.rway. and mejor .tr..t..
At the tlme the Zonlnq apPllcatlon 1. con.lel.ered, .
determln.tlon of con.l.tency wlth other relevant ..Pect. of
The ComDrehen.lve Pl.n mu.t be m.el.e. In orel.er to ...l.t the
City ln maklnq .uch. determlnatlon, .t a mlnlmum, the
followlnq ltem. mUst be presented with the reZonlnq
apPl1catlon:
a trafflc lmpact stUdy;
<< Water demand and sewer impact stUdy:
an economlc feaslbl1lty study;
4n adjacent property lmp~ct study, said
be llmlted to physlcal relatlonshlps
project to adjacent propertles;
a Schematic deslqn Showing the oeneral
of the development and its relationship
to adjacent properties but to community
and deslqn features.
study to
of the
character
not only
landmarks
Thls land Use cateqOrY/deslqnatlon ls shOwn on the land Us.
map ln a OVerlay mann.r but With the boundar 1.. of it.
applicatlon clearly ldentlfled by natural featurea auch a.
waterways anel. major .treet.. In the event lanel. 1. not
developed for a l.rqe scalc, mlxeel. us.. lndlvldual
propertles may develop pursuant to the underlYlnq land Use
Classifications.
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The land Uses allowed under the larqe scale Mixed Use
desiqnation shall be the same as shown as underlYinq or base
U... on the land u.. map. However, they may be ftl1xed al\<1 do
not need to conto~ to the boundaries ot the ba.. u.... The
formula for determininq the Use mix is simply the
proportion of the Uses as shown as underlYinq districts.
Section 2. That the Planninq Director of the City of Oelray
Beach shall, upon the effective date of this ordinance, &mend the
text of the Land Use Plan Element of Oelray Beach. Florids, to
conform with the provisions hereof.
Section 3. That this ordinance shall become effective ten
days after passaqe on second and final readinq.
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PASSED I.HO ADOPTED
readinq on this the
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in regular session
day of
ATTEST:
City Clerk
First Readinq
Second Readinq
on second and final
, 1987.
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NOTES REGARDING POTENTIAL MARINA CAYE PROJECT
Notes from' Discussion with Richard Brantiqan
Potential Marina Cave Project:
7:30 to 8:15 a.m., Wednesday, August 3rd
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Regardin\#., tJhe
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Viewed sketch layout for a mixed use proposal which included:
1. Vertical integration of residential and office/retail uses.
2. Parking decks~
3. Fifty slip marina.
4. Restaurant feature on Intracoastal.
Focus of discussion was upon how to determine land use
compatibility. Options/approaches were:
1. Standard Approach:
a) show traditional site plan (what one would expect
to see if the property were developed today) for
the property designated for commercial use on the
land use map;
b) show development for the allowable density range
for the multiple family area; and
c) mix the floor area derived in (a) with the unit
count in (b) over the entire site.
This standard approach was what was understood by most
when the .LSMU text amendment was initially processed.
2. Maximum/Ratio Approach:
a) show maximum development of the commercial area,
i.e., built to maximum limits without variances,
or conditional use approvals, or administrative
relief for parking arrangements;
b) show maximum residential development, i.e., top
end of zoning category;
c) mix the land uses in a ratio 'consistent with what
would be achieved under maximum utilization, for
example:
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Motes Regarding Potential Marina Caye Project
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150,000 sq. ft. retail/office + 100 unitsl or
75,000 sq.ft. retail/office + 50 unitsl or
50,000 sq.ft. retail/office + JJ unitsl
etc.
the actual level of intensity which could be. 4~
obtained would be determined when the SAD zon~.g
analysis was performed . . . determinants would be
water and sewer capacity, street LOS, neighborhood
impacts, on-site environmental. considerations,
ability to meet codes (with/without
concessions/waivers/variances).
This approach may have been envisioned by some during
initial review of the LSMU text amendment. Prior to
. accepting a proposal for processing under this
approach, I would seek a review and determination from
the Planning and Zoning Board.
d)
3. Land use allocation approach:
a) establish a retail/office square footage based
upon a site plan which meets code, not necessarily
current market conditions, and does not involve
variances, administrative relief for parking, or
waivers --- does not need to be site maximum I
b) establish a residential unit count allowable under
the underlying zoning -- does not need to be site
maximum;
c) mix the floor area for office/retail and the
residential units as desired.
This approach may result in a project dominated by a
particular land use, e.g., retail. Initial discussions
of the LSMU text amendment indicated that dominance by
a single use was not desirable, especially when the
predominance of the underlying land use was residential
and the resulting land use was predominantly retail or
office. It will be necessary to have this approach
specifically made a part of the proposed text amendment
in order for it to useable.
Direction:
In order for Mr. Brantigan to proceed with his concept, the
followinq's~eps are appropriate:
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Notes Regarding Potential Marina Caye Project
Page 3
1. request a determination as to whet~er or not his
concept plan is consistent with the previous
understandings of the LSMU text amendment (request ~o
be, in writing accompanied by the rationale used and,;','
ten copies of the sketch (site layout) plan; or .
2. if it is not, then seek a statement from the Plannihg
and Zoning Board and the City Commission as to whether
or not the LSMU text amendment (proposed) would be
modified to accommodate the approach which they
(landowners) desire; and
3. if,2 is affirmative, then the amendment before the
City Commission would need to be redrafted and reheard
by the Planning and Zoning Board and the City
Commission prior to enactment; and
4. upon enactment, SAD zoning may be pursued.
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