The URL can be used to link to this page

Ord 21-00ORDINANCE NO. 21-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BF~CH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2000-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; _AIJ. AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2000-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2000-2"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on August 21, 2000, in accordance with the requirements of ' the "Local Government Comprehensive Planning and Land Development Regulauon Act"; and WHEREAS, after the above referenced public heating, the Planning and Zoning Board, as Local Planning Agency, recommended to the C~ty Commission that the proposed Comprehensive Plan Amendment 2000-2 be transrmtted; and WHEREAS, proposed Comprehensive Plan Amendment 2000-2 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public heatings on Comprehensive Plan Amendment 2000-2 was held by the City Commission on September 7, 2000, at which me ~t was authorized to be transnutted to the Florida Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2000-2 was compliance by the Florida Department of Community Affairs and no Recommendattons& Comments) Report was issued; and found to be in ORC (Objections, WHEREAS, following due public notice, the second of two requited public hearings on Comprehensive Plan Amendment 2000-2 was held on December 5, 2000, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclumve, known as the "Local Government Planning and Land Devdopment Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entided "Comprehensive Plan Amendment 2000-2", which is attached hereto as ExhiNt "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document ennfled "Comprehensive Plan Amendment 2000-2". Section 4. That should any section or provision of this ordinance or any portions thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the vahdity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section $. That all ordinances or parts of ordinances winch are in conflict herewith are hereby repealed. Section 6. That tl~s ordinance shall become effective upon the date a final order is issued by the Deparmxent of Commuruty Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Admmistrauon Commission finding the amendment to be in comphance in accordance with Chapter 163.3184, F.S. the 5th PASSED AND ADOPTED in regular session on second and final reading on this ~ dayof December ,2000. ~%~~' U0, ~~ MAYOR ST: ~ First Reading September 7, 2000 Second Reading December 5, 2000 -2- Ord. No. 21-00 TABLE OF CONTENTS CITY OF DELRAY BEACH COMPREHENSIVE PLAN AMENDMENT 00-2 Pa,qe AMENDMENTS TO THE FUTURE LAND USE MAP City initiated Future Land Use Map Amendment from County C/5 (Commercial with residential density of 5 units per acre) to City GC (General Commercial) located at the southwest corner of Linton Boulevard and Military Trail for approximately 14.19 Acres (Palm Court Plaza). City initiated Future Land Use Map Amendment for 1.8+/- acres in Block 36, Town of Delray, from CF-P (Community Facilities -Public Buildings) and LD (Low Density Residential, 0-5 units per acre) to GC (General Commercial). Combined City and privately initiated Future Land Use Map amendment from GC (General Commercial) and RDA #5 (Redevelopment Area # 5) to CC (Commercial Core) for 6.4 acres. FUTURE LAND USE ELEMENT 2 Table of Contents HOUSING ELEMENT 4 Policy A-7.2 Priority of Redevelopment Plans 4 Policy A-7.4 Moratorium on Public Fund Investment TRANSPORTATION ELEMENT 5 Policy A-7.5 Lake Ida Road 6 Policy A-6.1 LDR Design Requirements OPEN SPACE AND RECREATION ELEMENT 7 PolicyA-2.7 Neighborhood mini-parks CITY OF DELRAY BEACH COMPREHENSIVE PLAN AMENDMENT 00-2 AMENDMENTS TO THE FUTURE LAND USE MAP Future Land Use Map amendments including: City initiated Future Land Use Map Amendment from County C/5 (Commercial with residential density of 5 units per acre) to City GC (General Commercial) located at the southeast corner of Linton Boulevard and Military Trail for approximately 14.19 Acres (Palm Court Plaza). City initiated Future Land Use Map Amendment for 1.8+/- acres in Block 36 Town of Delray, from CF-P (Community Facilities -Public Buildings) and LD (Low Density Residential, 0-5 units per acre) to GC General Commercial. Combined City and privately initiated Future Land Use Map amendment from GC (General Commercial) and RDA #5 (Redevelopment Area # 5) to CC ( Commercial Core) for 6.4 acres. See Support Documents #1, #2 and #3 (Palm Court Plaza, Block 36 Town of Linton, and CBD Future Land Use Map Amendment staff reports) FUTURE LAND USE ELEMENT 1) Location: Pg. FL-20, Table of Contents Policy C-2.2 Policy C-2.3 Policy C-2.4 Policy C-2.5 Policy C-2.6 Large Scale Mixed Use Areas Wallace Drive Area Lindell & Federal Highway Area SW 4th Ave - Linton Area [Revised by Amendment 99-2] Area between SE 2nd Avenue and SE 5th Street Objective C-3 Economic Development Policy C-3.1 Policy C-3.2 Policy C-3.3 Policy C-3 4 Role of Culture and the Arts Old School Square Parking Area Alleys in Old School Square District Beach Commercialization/Promotion Objective C-4 The Central Business District Policy C-4.1 Policy C-4.2 Policy C-4.3 Policy C-4.4 Policy C-4.5 Policy C-4.5 Policy C-4.6 Policy C-4.7 CBD Zone District CBD Development Plan Parking Structures Pineapple Grove Main Street TCEA Monitoring TCEA Monitoring TCEA Exempt from Traffic Concurrency Developments of Regional Impact (DRI) with the TCEA Objective C-5 Coastal Area/Hurricane Coordination GOAL AREA "D" SCHOOLS Objective D-1 Achieving Racial Balance Policy D-1.1 Support of District Policy Policy D-1.2 Deferral of Certain Projects Objective D-2 Enhanced Role in Neighborhoods Policy D-2.1 Access Improvements Policy D-2.2 Minimize Busing Policy D-2.3 Reduction of Attendance Districts Objective D-3 City - School District Cooperation Policy D-3.1 ,Policy D-3.2 Policy D-3.3 Policy D-3.4 Policy D-3.5 Policy D-3.6 Infrastructure Coordination Assignment Impact Fees and Capacity Charges New Schools Public School Siting Findings of Consistency Change: REVISION Policy C-2.2 Policy C-2.3 Policy C-2.4 Policy C-2.5 Policy C-2.6 L=r~c.......,..~"'-~' ~'-'-'~,.,,_.... ~_...'"". ^,, .... ..~.~ Deleted by Amendment 99-1 Wallace Drive Area Lindell & Federal Highway Area SW 4th Ave - Linton Area [Revised by Amendment 99-2] Area between SE 2nd Avenue and SE 5th Street 2 Objective C-3 Economic Development Policy C-3.1 Policy C-3.2 Policy C-3.3 Policy C-3.4 Role of Culture and the Arts Old School Square Parking Area Alleys in Old School Square District Beach Commercialization/Promotion Objective C-4 The Central Business District Policy C-4.1 Policy C-4.2 Policy C-4.3 Policy C-.4.4 Policy C-4.5 Policy C-4.5 Policy C-4.6 Policy C-4.7 CBD Zone District CBD Development Plan Parking Structures Pineapple Grove Main Street TCEA Monitoring TCEA Monitoring TCEA Exempt from Traffic Concurrency Developments of Regional Impact (DRI) with the TCEA Objective C-5 Coastal Area/Hurricane Coordination GOAL AREA "D" SCHOOLS Objective D-1 Achieving Racial Balance Policy D-1.1 Support of District Policy Policy D-1.2 Deferral of Certain Projects Objective D-2 Enhanced Role in Neighborhoods ' Policy D-2.1 Policy D-2.2 Policy D-2.3 Access Improvements Minimize Busing Reduction of Attendance Districts Objective D-3 City - School District Cooperation Policy D-3.1 Policy D-3.2 Policy D-3.3 Policy D-3.4 Policy D-3.5 Policy D-3.6 Infrastructure Coordination Assignment Impact Fees and Capacity Charges New Schools Public School Siting Findings of Consistency Comment: The entire policy C-2.2 was eliminated with Amendment 99-1 and the Table of Contents is now being elimination. Comprehensive Plan updated to reflect the 3 HOUSING ELEMENT 2) Location: Pg. HO-32, Policy A-7.2 (Priority of Plans) Policy A-7.2 The priority for the preparation of plans for those Redevelopment Areas which include a significant number of residential units is as follows: Osceola Park (area between SE 2nd and SE 5th Streets, from Federal Highway to Swinton Avenue) 2. SW 4th Avenue north of Linton Boulevard 3. Wallace Drive Industrial Area At least one plan shall be completed each fiscal year. Change: REVISION Policy A-7.2 The priority for the preparation of plans for those Redevelopment Areas which include a significant number of residential units is as follows: Osceola Park (area between SE 2nd and SE 5th Streets, from Federal Highway to Swinton Avenue) Wallace Drive Industrial Area At least one plan shall be completed each fiscal year. Comment: The S.W 4th Avenue north of Linton Boulevard (Southridge/SW 4th Avenue Redevelopment Plan) has been completed and was adopted with Comprehensive Plan Amendment 99-2 on November 12, 1999. 3) Location: Pg. HO-32, Policy A-7.4 (Moratorium on Public Fund Investment) Policy A-7.4 Until such time as a general redevelopment strategy is in place for a specific redevelopment area, no public funds shall be expended for infrastructure improvements unless they are necessary to alleviate immediate threats to health and safety. Upon completion of a specific redevelopment strategy, public funds shall be spent only to the extent as to be appropriate relative to the strategy. 4 Change: DELETION Comment: Similar language was removed from Future Land Use Element Policy C-2.1 with Comprehensive Ptan Amendment 99-1 adopted on October 19, 1999. The change was requested by PROD (Progressive Residents of Delray) so that unpaved streets within redevelopment areas could be paved prior to the adoption of a Redevelopment Plan. The change allows the city more flexibility to address the needs of these areas. TRANSPORTATION ELEMENT: 4) Location: Pg. TR-43, Policy A-7.5 (Lake Ida Road) Policy A-7.5 The City supports the widening of Lake Ida Road between Congress Avenue and Military Trail only as a last resort to alleviating LOS deficiencies. The City will explore alternatives such as limiting expansion to the addition of a center turn lane, and seeking a CRALLS (Constrained Roadway at a Lower Level of Service) designation for the roadway. Change: DELETION Comment: The City Commission voted to support the widening of Lake Ida Road at its meeting in July of 1998 and staff is currently working with the County during the design stage to minimize the impact to the residents of Delray Beach. 5 5) Location: Pg. TR-42-43, Policy A-6.1 LDR DESIGN REQUIREMENTS Policy A-6.1 The Land Development Regulations shall maintain consistent standards for, but not limited to, the following: r'3 Location and design of driveway access and on-site circulation; r'l Width and location of curb cuts; [] Width and location of median openings; [] Radii of curves and criteria for locations where driveways or private streets may intersect on curves; ~ Width and conditions of shoulders; [] Street lighting standards, particularly at intersections; ~ Traffic impact analysis. Change: REVISION Policy A-6.1 The Land Development Regulations shall maintain consistent standards for, but not limited to, the following: r-i Location and design of driveway access and on-site circulation; r3 Width and location of curb cuts; ~ Width and location of median openings; ~ Radii of curves and cr'rteria for locations where driveways or private streets may intersect on curves; r3 Width and conditions of shoulders; ~ Street lighting standards, particularly at intersections; [3 Traffic impact analysis.; ~ Cross-access standards. Comment: Cross access is encouraged as a means to minimize the impact of inter- parcel traffic on the external traffic network. An LDR amendment will follow which encourages cross access where appropriate and provides design criteria. 6 OPEN SPACE AND RECREATION ELEMENT: 6) Location: Pg. OS-19, Policy A-2.7 (Neighborhood mini-parks) Policy A-2.7The City shall develop a program to establish small parks in neighborhoods. The program would include identification of vacant or surplus parcels, and strategies to assure that the neighborhood determines the parameters of the park and is responsible for construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces. Program development shall occur in FY 97/98. Change: REVISION Policy A-2.7 As part of the preparation of redevelopment and neiqhborhood plans the City shall evaluate the possibility of establishinq nei.qhborhood or "pocket parks" in the area for which the plan is beinq prepared. -r~.c, ,, r.~+,,..,.j ..,,..,,"~'~" .......,..~.'~ .... ~"" a program +'-.~ ....~.~..,,..,, ~'-"'-" ~"-~'",,I ...., , ~'~'"'~'""'~".. ,,~....... The ............. ,, ......,..'-~ evaulation should include identification of vacant or surplus parcels, and strategies to assure that the neighborhood determines the parameters of the park and is responsible for construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces., ~,.,~.,~,,, ...... -~..~...,~,,,..,,. .... chall occur in FY 97/9~. Comment: During the preparation of most Neighborhood and Redevelopment Plans the creation of "pocket parks" is a desirable component. This policy establishes some guidelines for the establishment of these "pocket parks". PUBLIC FACILITIES ELEMENT 7) Location: Pg. PF-16, Policy C-2.1 (Remedial Work-Sewer) Policy C-2.1 A study shall be completed, by FY 98/99, to determine the total program cost of addressing remedial work needed, for wastewater lines and lift stations, to correct the problems w?th inflow and infiltration. This study should estimate the annual costs required to complete the project over a 15-year time frame, and establish reasonable interim targets. Change: REVISION Policy C-2.1 A study~,,_,,"~'~" has been be completed, 5:,' tv, , ~/~o.._,~.., to determinein,q, the total program cost of addressing remedial work needed, for wastewater lines and lift stations, to correct the problems with inflow and infiltration. The City shall allocate annual expenditures T~.;.- ~+, ,,4,, ..~,~,,,~,~ .,,-+;.,,..+,. ?,~ -.,..., ,~ ~,.,.+ ...... ;""'~ to complete the project over a 15-year time frame., '-"'~ 7 Comment: The required study was completed in April of 1998 and an ongoing I & I (Infill and infiltration) program has been implemented with a yearly CIP (Capital Improvement Program) expenditure of $750,000 for sewer mains, $200,000 for Lift station rehab and $100,000 for manhole rehab. 8) Location: Pg. PF-16, Policy C-2.2 (Remedial work-water) Policy C-2.2 A study shall be completed, by FY 98/99, to determine the total program cost of addressing remedial work needed to correct deficiencies in existing water lines. This study should estimate the annual cost required to complete the project over a 15- year time frame, and establish reasonable interim targets Change: REVISION Policy C-2.2 A study~,,~.,,~'~' has been completed, by =v, , o~/o~..~,~.., to determineing the total program cost of addressing remedial work needed to correct deficiencies in existing water lines. 'T'h~c "*'"~" "~'""~'~ ~"*;'""*~' *~' ....... ~ ~"~'* ..... ~"""~ The City shall allocate annual expenditures to complete the project over a 15-year time frame~_ ~ Comment: The required study was completed in January of 1998 and an ongoing 2" water main replacement program has been implemented with yearly CIP (Capital Improvement Program) expenditures necessary to accomplish the upgrade within the 15-year time frame. COASTAL MANAGEMENT ELEMENT 9) Location' Pg. CM-26 - Policy D-4.1 (Seawalls) Policy D-4.1 The City's seawall ordinance and regulations shall be reviewed in FY 97/98, modifications made, and public information distributed to the effect of implementing an enhanced program for seawall maintenance through public inspection and private rehabilitation. Change: REVISION Policy D-4.1 The City's seawall ordinance and regulations shall be reviewed in FY 00/01 8-7-/88 by the Enoineerinq Department, modifications made, and public information distributed to the effect of implementing an enhanced program for seawall maintenance through pub!ic inspection and private rehabilitation. Comment: The current ordinance requires all owners to maintain seawalls in a safe condition which requires periodical inspection and on going maintenance. This policy speaks to achieving public awareness of this requirement. 8 SUPPORT DOCUMENT #1 COMPREHENSIVE PLAN AMENDMENT 00-2 PALM COURT PLAZA FUTURE LAND USE AMENDMENT PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: AGENDA ITEM: ITEM: August 21, 2000 IV.E.1 City Inibated Future Land Use Ivlap Amendment from County C/5 (Commercial with a Residential Density of 5 Units per Acre) to C~ty GC (General Commercial) and Associated Annexation w~th Initial Zoning Designation of PC (Pianned Commercial) for Palm Cour[ Plaza, Located at the Southwest Corner of Linton Boulevard and South Military Trail. LIN TON N GENERAL DATA: Owner ....................................... NIv1E Hospitais, Inc % Paramount Real Estate SVC Applioam ..................................... David T. Harden, City Manager City of Delray Beach The etion before the Board ia thnt of making ~ recommendation on a City-initiated Annexation, Future Land Use Map Amendment from County C/5 (Commercial - 5 units per acre) to City GC (General Commercial) with initial zoning of PC (Planned Commercial) for Palm Court Plaza. The affected property is located at the southwest corner of Military Trail and Linton Boulevard, and contains approximately 14.19 acres. LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this petition. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map. BACKGROUND The property under consideration is an unplatted 14.19 acre parcel which contains an 87,327 sq.ft, shopping center, known as Palm Court Plaza, with a 4,860 sq.ft, outbuilding. On February 3, 1981, an Agreement for Water and Sewer Service was executed for the subject property as well as for the adjacent medical office and hospital developments. The shopping center was constructed in 1985, and City water and sewer facilities extended to the development. On March 18, 1999, the Agreement for Water and Sewer Service was amended and included paragraphs, which gave consent for future annexation and assessment of a storm water assessment fee. The Agreement was processed in conjunction with a proposal to expand the medical center (Delray Medical Center). The agreement states that the overall development will be annexed in phases with the subject property to be annexed by March 31, 2001, Delray Medical Center during the year 2005, Fair Oaks property by 2008,and Lago Vista property by 2011. The City is processing the FLUM amendment from County C/5 (Commercial - 5 units per acre) to City GC (General Commercial), and the Annexation with initial zoning of PC (Planned Commercial) pursuant to the referenced agreement. FUTURE LAND USE MAP AMEND,MENT ANALYSiS This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). REQUIRED FINDINGS: LDR (CHAPTER 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. I;'&ZStaffRepor~ Palm C:oud Plaza- Future Land Uge Map Amendment g Annexnt on with nitia 2onin~ of PO Page2 Future Land Use Map: The resulting use of land or structures must be allowed in the r0ning eiltri [ wi[nin w icn I ne il itult e z0ninQ mutt bo c0ngi t0nt wit the applicable land use designation as shown on the Future Land Use Map. Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The accompanying annexation and initial zoning application is seeking a PC (Planned Commercial) zoning district. The proposed GC Future Land Use Map designation is consistent with the proposed PC zoning designation. The existing shopping center is allowed as a permitted use within the PC zoning district. However, the PC zone district requires a minimum floor area of 6,000 sq.ft, per building. Based upon the site plan approved through the County, a 4,860 sq.ft outbuilding has been constructed and a future 2,500 sq.ft, outbuilding is proposed. The existing structure is considered nonconforming and can continue. As the project is considered vested, the 2,500 sq.ft, building could be constructed at the approved location. However, should a site plan modification be requested, the building square footage cannot be decreased. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or 'similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when P&Z Staff Report Palm Court Plaza - Future Land Use Map Amendment & Annexation w~th Initial Zoning of PC Page 3 The request is to apply the advisory GC FLUM designation, which was applied to this property with adoption of the Comprehensive Plan and Future Land Use Map in 1989. Thus, the designation is consistent with the goals, objectives, and policies of the Comprehensive Plan. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered in the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. The proposed GC designation is of the same intensity as the existing County C/5 designation. It is noted, however, that the GC designation allows up to 12 residential units per acre and the current County designation allows up to 5 residential units per acre. As this is fully developed property, development with residential uses is not a concern. Further, redevelopment with residential uses even at the higher 12 units to the acre would represent significantly less impact than the existing development. Thus, the act of officially adopting the City's General Commercial land use designation has no negative impact with respect to level of service standards. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. North: North of the subject property, across Linton Boulevard, has a County FLUM designation of High Residential- 12 du/ac and is zoned RM - Multi-Family Residential (Medium Density). The existing land use is a condominium development known as Las Verdes. South: The abutting property to the south has a City Future Land Use Map designation of GC and is zoned PC. The existing use of the property is the Walmart Shopping Plaza and Delray Eye Associates offices. East: The property to the east, across Military Trail, has a City Future Land Use Map designation of GC and is zoned PC. The existing use of the property is Boca Rey Plaza. West: West of the subject property has a County Ins'd18 (Institutional with High Residential 18 du/ac), and an advisory City designation of CF-H (Community Facilities-Hospital). The properties are zoned CHO (Commercial High Office) and contain the Delray Medical Center and Delray Medical Center Condos. The existing shopping center has co-existed with the surrounding developments for many years. The application of advisory GC FLUM designation to the existing commercial property is compatible with existing and future land uses of the surrounding area. Site specific compatibility of future development with the adjacent developments will be addressed at the time of site and development plan review. Compliance -- Development under the requested designation will comply with the ~)rovisions and reouirements of the Land Develooment Reoulation-~ P&Z Staff Report Palm Court Plaza - Future Land Use Map Amendment & Annexabon with Imtial Zomng of PC Page 4 There is no development proposal associated with the Annexation and FLUM amendment requests. Compliance with the Land Development Regulations will be addressed with future development proposals. There are no problems anticipated with the ability to comply with the Land Development Regulations. ANNEXATION ANALYSIS Land Development Requlations Governincj Annexations: Pursuant to the LDR Section 2.4.5 (C)(1) which states that "The City may initiate an annexation of private property if said right has been delegated via provisions of a water service agreement or other agreement to that end". The City initiated annexation is pursuant to the Agreement for Water and Sewer service executed on March 18, 1999. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: Pursuant to Future Land Use Element Policy B~3.5, the property to be annexed is located within "Annexation Area B", southwest corner of Linton Boulevard and Military Trail. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The following is a discussion of required services and the manner in which they will be and are provided (i.e. water and sewer). Police: This property is currently serviced by the Palm Beach County Sheriffs Office, located at 345 South Congress Avenue, which serves the South County area. The property lies within Sheriff patrol zone 9. Zone 9 is bordered by Jog Road on the west, the Atlantic Ocean on the east, Atlantic Avenue on the north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City to the north, south, and east of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The adjacent municipal area is served by Fire Station No. 5 (Linton Boulevard & Germantown Road). With annexation, the property will receive an improvement in response time from the current 3.5 minutes of the County Fire Department (Pheasant Walk Station) to approximately 1.5 minute for the City's Fire Department (Fire Station No. 5). P&Z Staff Report Palm Court Plaza - Future Land Use Map Amendment & Annexation with Imt~al Zoning of PC Page 5 Water and Sewer: The existing development is connected to the City's municipal water and sewer system, via 8" and 10" water mains, and 8" sewer mains. As part of the Agreement for Water and Sewer Service, these mains were extended to the site. Streets: This property has direct access to Military Trail and Linton Boulevard. Both Military Trail and Linton Boulevard are under Palm Beach County jurisdiction. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. As the property is developed as a shopping center, there will be no change with respect to traffic. With any proposals for building additions, traffic will be evaluated. It is noted that Linton Boulevard from Military Trail to Congress Avenue is scheduled for widening from 4-6 lanes in 2001. Military Trail is currently 6 lanes. Parks and Open Space: The commercial development does not have an impact with respect to this level of service standard. It is noted however, the City currently provides approximately 8 acres per 1,000 residents of recreation space, which far exceeds the desired standard of 3 acres per 1,000 residents established in the Comprehensive Plan. Solid Waste: As there is no change in actual land use, there is no impact on solid waste disposal. The service provider will remain the same, as described later in this report. Financial Impacts: Effect Upon Annexed Property: For the 1999 tax year Palm Court Plaza had an assessed value of $9,000,000.00. With the change from County to City jurisdiction, the following taxes and rates will be affected: Taxes Millage With Annexation Fire/Rescue MSTU Library City of Delray Beach City of Delray Beach Debt 2.9129 Deleted (County) .5246 Deleted (County) 6.9100 Added (City) .7400 Added (City) 4.2125 Difference* · Total tax mileage in the County is 19.6117 mills while in the City the total millage rate is 23.8242 mills. The current yearly ad valorem taxes are $176,505.30. With annexation the yearly ad valorem taxes will be $214,417.8; a tax difference of $37,912.50. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non-residential units the assessment fee is calculated using the following formula (# sq.ft, of impervious area/2,502) X $54. A 25% discount from the assessment is available if drainage is retained on site. Also a 25% discount from the assessment is available because the subject property is located with the Lake Worth P&Z Staff Report Palm Court Plaza - Future Land Use Map Amendment & Annexation with Imtial Zomng of PC Page 6 Drainage District. As the property contains a nonresidential use, this assessment would be imposed in the amount of approximately $6,682.50. A further increase based upon new impervious surfaces will be realized with future development/redevelopment of the site Solid Waste Authority - The South Military Trail annexation area is serviced by BFI, and the City's contract is currently through BFI (Browning-Ferris Industries). Therefore, the waste service provider will remain with BFI upon annexation. Occupational License Fees - The shopping center has 45 active occupational licenses. The current County license fee for the each tenant in the shopping center is $31.50 per year. The City license fee per tenant is $130. Water/Sewer Rates - The Palm Court Plaza is currently served by municipal water and sewer. Properties not located within the City that receive City water and sewer service are assessed an Out-of-City surcharge. Under that scenario, annexation of properties receiving municipal water would see a 25% reduction in water and sewer rates. Water meters are assigned to each bay. Thus, the tenants will experience a decrease in water and sewer rates. In conjunction with the amendment to the agreement in 1999, an "Agreement and General Release" was included whereas the City agreed to make certain reimbursements for use of certain water lines, mains and lift stations installed by the developers. The City would pay a total of $224,735.00 to cover the reimbursements set forth in the water/sewer agreement entered into by the parties in February 1981. The payment shall be divided into five equal payments of $44,947.00 over the next 5 year period commencing March 1, 2001. Resulting Impacts to Property Owner: SUMMARY OF ;iMPACTS ON THE PALM COURT PLAZA FINANCIAL CONSIDERATIONS: AD VALOREM TAXES (Change from 98/99 County of 19.6117 to City 98/99 rate 23.8242 mills (4.2125). $ 37,912.50 NON AD VALOREM Stormwater Assessment $ 6,682.50 OCCUPATIONAL LICENSE FEES $5,850.00 ANNUAL FINANCIAL IMPACT: · Water and Sewer fees will decrease with annexabon, and is based upon consumption, $50,445.00 P&Z Staff Report Palm Court Plaza - Future Land Use Map Amendment & Annexabon w~th Initial Zoning of PC Page 7 SERVICE CONSIDERATIONS: FIRE RESPONSE EMS POLICE CODE ENFORCEMENT + Faster response time from (estimated minutes (County) to 1.5 minute (City) + Faster response time from (estimated minutes (Count)/) to 1.5 minute (City) + Better response based upon more officers time) 3.5 time) 3.5 + Pro-active vs reactive opportunity to work with · property owners Fiscal Impacts to the City: At the 1998/99 City operating millage rate of 6.91 mills and debt rate of 0.74 mills, the property will generate approximately $68,850.00 in new ad valorem taxes per year. Additional revenues will be realized through increased assessment value, the annual collection of the stormwater assessment fee, occupational license fees, as well as utility taxes (9.5% electric, 7% telephone, 8.7% gas) and franchise fees on electric, telephone, gas, and cable. REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(C)(4), the City Commission must make findings that the annexation is consistent with Objective B-3 of the Future Land Use Element, and complies with F.S. 171. As stated above, the subject property is located within a designated annexation area, Area B. Its annexation is consistent with the Objective B-3 of the Future Land Use Element. Also, the annexation complies with Florida States Section 171 as it pertains to annexations. ZONING ANALYSIS REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment and Annexation Analysis" sections of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.'1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections P&Z Staff Report Palm Court Plaza - Future Land Use Map Amendment & Annexation with Initial Zomng of PC Page 8 as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoninq Actions): Standard A, B, C, and E are not applicable with respect to this rezoning request. The applicable performance standard of Section 3.2.2 is as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Compatibility is not a concern as the property currently contains a shopping center, which has existed at this location since 1985. The initial PC (Planned Commercial) zoning designation will accommodate the existing shopping center as a permitted use. There is no development proposal associated with this request. Compatibility of any future development proposals with the adjacent developments will be appropriately addressed with review of a site and development plan request. Section 2.4.5(D)(5) (Rezoning Findinqs): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b..That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The basis for which the rezoning should be granted relates to Item "b", however, Item "c" is also applicable. The property is Jn the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. The annexation requires that an appropriate City zoning designation be applied to the property. The PC zoning designation is of similar intensity as that allowed under the proposed City GC and existing County C/5 land use designations. P&Z Staff Report Palm Court Plaza - Future Land Use Map Amendment & Annexabon w~th Imt~al Zoning of PC Page 9 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The property is development is allowed under the proposed PC zoning districts. With review of the annexation request, a site visit was conducted and did reveal some code violations, which primarily related to landscape deficiencies. Any future development will be required to comply with the Land Development Regulations. In addition to the above, the PC zone district requires a minimum floor area of 6,000 sq.ft, per building. Based upon the site plan approved through the County, a 4,860 sq.ft outbuilding has been constructed and a future 2,500 sq.ft, outbuilding is proposed. The existing structure is considered nonconforming and can continue. As the project is considered vested, the 2,500 sq.ft, building could be constructed at the approved location. However, should a site plan modification be requested, the building square footage cannot be decreased. REVIEW BY OTHERS The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On August 7, 2000, the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowners associations and civic associations: · Andover · Presidents Council · DeI-Aire · Shadywoods · Foxe Chase · Sherwood Park · Oakmont · Spanish Wells · PROD (Progressive Residents of Delray) · Verona Woods Public Notice: Formal public notice has been provided to the property owner and to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. P&Z Staff Report Palm Court Plaza - Future Land Use Map Amendment & Annexation w~th Imt~al Zoning of PC Page 10 ASSESSMENT AND CONCLUSION Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan, and Sections 3.1.1 and 3.3.2 of the Land Development Regulations, and the policies of the Comprehensive Plan. The change is to a designation allowing a similar intensity as currently developed, and allowed under the existing County land use designation. Accommodating the annexation of this property and affixing an initial City zoning designation of PC (Planned Commercial) is consistent with the City's program for annexation of territory within its Planning and Service Area. The PC zoning designation is consistent with the existing use of the property. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services, however, will experience an increase in taxes and stormwater assessment fees. Positive findings can be made with respect to LDR Section 2.4.5(C)(4) and 2.4.5(D)(5), which relate to required findings for Annexations and Rezonings. The City will receive additional revenue from property taxes, stormwater assessment fees, and per capita revenues, which will result in a net increase to the City of approximately $68,850 a year. In addition, revenues will be received from utility taxes and franchise fees. ALTERNATIVE ACTIONS A. Continue with direction. Recommend approval of the Annexation, Future Land Use Map amendment from County C/5 to City GC and initial zoning designation of PC (Planned Commercial) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, 2.4.5(C)(4), and 2.4.5(D)(5), and the following: 1. That the property is contiguous, reasonably compact and does not create an enclave; and, 2. That services will be provided to the property in a manner similar to other similar properties within the City. C. Recommend denial of the Annexation, Future Land Use Map amendment from County C/5 to City GC and initial zoning designation of PC (Planned Commercial), with the basis stated. STAFF RECO'MMENDATION Recommend to the City Commission approval of the Annexation, Future Land Use Map amendment from County C/5 to City GC and initial zoning designation of PC (Planned Commercial) based upon positive findings with respect to Future Land Use Element Policy A- 1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, 2.4.5(C)(4), and 2.4.5(D)(5), and the following: 1. That the property is contiguous, reasonably compact and does not create an enclave; and, P&Z Staff Report Palm Court Plaza - Future Land Use Map Amendment & Annexation w~th Imt~a~ Zoning of PC Page 11 2. That services will be provided to the property in a manner sdmit~ to other similar properties within the City. ~ Attachments: ~ Future Land Use Map F'] Zoning Map ! I THE KING EMMANUEL ~ MONASTERY - CA THOLIC OF - CENTER DELRA Y TO WN ~ CEN TZR LIN TON BOULEVARD ~ ~ SOUTH COUNTY DELRA Y MEDICAL= ~ ~ CFi~ CENTER ~ WAL-MART ~ SOUTH COUNTY PROF N GiT¥ 0" D[LRAY B;'A~.~, FL PLANNING & ZONIN,.~ DEPAR'[MENT PALM COURT PLAZA FUTURE LAND USE MAP AMENDMENT FROM: COUNTY 615 (COMMERCIAL WITH RESIDENTIAL DENSITY OF 5 UNITS/ACRE) TO: CITY GO (GENERAL COMMERCIAL) i EMMA NUEL MONA S TER Y - ' CA THOLIC OF CHURCH t ST CLARE ,- ! DUNCAN ~ _~ D CENTER ~ ~ I · ' o D~RA Y i ~ow~ic~N~ LIN TON BOULEVARD ,' SOUTH COUNTY MENTAL HEALTH DDRAY CENTER CF M~ICAL ~ ~ : CENTER WAL-MART ~ ~ : ' CENTRE CONDO ,,,,.,...., ,.,,.,,, ,, ~_~ ........ N ~IT¥ 0:' D"-LRAv BEA~..u, FL PLANNING & ZONING D.cc'ARTI~.N- PALM COURT PLAZA ANNEXATION WITH INITIAL ZONING OF PC (PLANNED COMMERCIAL) SUPPORT DOCUMENT #2 COMPREHENSIVE PLAN AMENDMENT 00-2 BLOCK 36 FUTURE LAND USE MAP CHANGE PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: GENDA ITEM: TEM: August 21, 2000 IV.E.2. City Initiated Future Land Use Map Amendment from CF-P (Community_ Facilities-Public Buildings) and LD (Low Density, 0-5 units/acre) to GC (General Commercial), And Rezoning From R-1-A (Single Family Residential) and CF (Community Facilities) to GC (General Commercial) for a 1.80K Acre Portion of Block 36, Town of Delray, Located on the South Side of N.W. 1st Street, Between N.W. 3rd Avenue and N.W. 4th Avenue. ATLANTIC AVE N Ur GENERAL DATA: Adjacent Zoning ...................... ND,"tr. Eas: South Wes-. =x~stm_~ Lan; Use ......................... Proposed Land Use .................... Owners ........................................... Community Redevelopment Agency & Greater Mount Olive Missionary Bapttst Church Aopilcan,,s ......................................... Dawd T. Harden, C~ty Manager City of Delray Beach Location .......................................... South ode of N W. 1st Street, bewveen N W 3rd Avenue and N W. 4th Avenue Prope~, Size ........................................ 1.80 E acres Ex:stmg F.L U.M. Designation .............CF-P (Community Facilitles-Pubhc Buildings) & LD (Low Density, 0-5 units/acre) Proposed F.L U.M Designation .......... GC (General Commercial) Current Zomng ................................... R-;-A (Single Family Remdent~al) & CF (Community Facilities) Proposed Zoning ............................... GC (General Commercial) R-1-A CF GC CF & R-I-A Vacant iand. smgte& unpaved parkmg Future Land Use Map Amendment from CF~P & LD to GC and Rezonmg from F,-I-A & CF to GC as part. of Transml~al Hearing for Comprehenswe Pian Amenament 2030-2. Water Sewl2e.. n/a ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation to the City Commission on proposed Future Land Use (FLUM) Amendments and Rezonings associated the redevelopment of the North 300 Block (Block 36) of West Atlantic Avenue. This action has been requested by the City's Community Redevelopment Agency (CRA) The Future Land Use Map Amendments involve two areas totaling 1.8 acres (See attached Map and legal description in Appendix A): Area A: FLUM amendment from LD (Low Density Residential 0-5 du/acre) to GC (General Commercial) -. 6 parcels (by ownership) on NW 3rd Avenue and NW 4th Avenue, south of NW 1s' Street. Area A contains a total of 1.31 acres. Area B: FLUM amendment from CF-P (Community Facilities- Public Buildings) to GC (General Commercial) - 3 parcels (by ownership) on NW 4th Avenue, South of NW 1st Street. Area B contains a total of 0.49 acres. The proposed rezonings for these two areas are as follows: Area A: Rezoning from R-1-A (Single Family Residential) to GC (General Commercial). Area B: Rezoning from CF (Community Facilities) to GC (General Commercial) Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. BACKGROUND The subject property is located within the "West Atlantic Avenue Redevelopment Area". Guidelines for redevelopment of this area are contained within the West Atlantic Avenue Redevelopment Plan. The current version of the Plan, adopted on February 3, 1998, contains block diagrams, which depict possible redevelopment scenarios for each block in the Redevelopment Area. The diagram for redevelopment of the subject block depicts a multistory retail/office building fronting on West Atlantic Avenue and parking in the rear which would be shared by two churches in the immediate vicinity. To accommodate this scenario, the Plan recommended rezoning the rear portion of the block to CF (Community Facilities). The CF zoning classification would have allowed parking to be built to serve both the proposed commercial uses fronting on West Atlantic Avenue and future church development on the rear of the block. However, since the rezoning was not necessary until the CRA was ready to proceed with redevelopment, an application was not submitted until property acquisitions were completed. The CRA began assembling property for redevelopment of the North 300 and 400 Blocks of West Atlantic Avenue (Blocks 28 & 36) in 1998 After completing acquisition of over 4.6 acres in 2000, it was determined that the best redevelopment scenario for the blocks was for a Planning and Zoning Staff Report FLUM Amendments and Rezomngs for N 300 Block of West Atlantic Avenue (N % of Block 36) Page 2 mixed-use development. A Request for Proposals (RFP) for the project was issued on March 1, 2000 with the following project description: Development of a mixed-use redevelopment project, preferably with the building on the street, with retail or restaurant(s) on the first floor and offices, hotel and/or residential above. Parking would be situated behind the building. A mid-block pedestrian access to the rear parking would also be desirable. Discussions with developers during the RFP process indicated that at least some of the proposals were going to include housing as a major component that would extend into the rear of the 300 block. Although the CRA had already submitted an application to rezone the R-I-A portions of the property to CF, it became evident that this zoning would not allow the residential development that was to be included in some of the proposals. In order to accommodate this type of development on the block it would be necessary that the entire 300 block (block 36) be zoned GC. Within the West Atlantic Overlay District, GC zoning allows residential densities up to 30 units per acre (subject to performance standards) through the conditional use process. Therefore, the CRA withdrew its application for CF zoning and requested that the City initiate a FLUM amendment and rezoning to General Commercial. The redevelopment proposals were presented by the developers at a joint CRA/ARC (West Atlantic Redevelopment Coalition) meeting on July 27, 2000. The meeting was well attended by the community. Although varying in concept and intensity, all four proposals included housing as a major component extending into the rear of the block. The winning proposal has not yet been selected. A draft of the second amendment of West Atlantic Avenue Redevelopment Plan was reviewed by the WARC Board on August 9, 2000. Changes to the Plan include recommendations for FLUM amendments and rezonings of the subject property to General Commercial. The Plan also includes a recommendation that development within this expanded General Commercial area be limited to community facilities, residential development, or parking for the redevelopment project. The WARC Board supported these proposed recommendations. FUT~URE LAND USE MAP AMENDMENT ANALYSIS REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: 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. Planning and Zoning Staff Report FLUM Amendments and Rezonlngs for N 300 Block of West Atlantic Avenue (N % of Block 36) Page 3 The FLUM designations and zoning classifications for the subject property are being amended pursuant to recommendations by the CRA and the WARC Board. The proposed amendments are also included in the draft amendment to the West Atlantic Avenue Redevelopment Plan, which is expected to be adopted later this year. The proposed FLUM amendments will assign a Future Land Use Map designation of GC (General Commercial) and the proposed rezoning to GC (General Commercial) is consistent with this FLUM designation. The property is part of a proposed mixed-use redevelopment project with residential development and parking planned for the subject property. These uses are allowed within the proposed zoning district, subject to conditional use approval for the residential component. Thus, positive findings can be made regarding consistency of the FLUM designations and zonings. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the 'remainder of this policy must be addressed with all FLUM amendments. The proposed FLUM amendments and associated rezonings will fulfill Future Land Use Element Policy C-1.5, stated as follows: Future Land Use Element Policy C-f.5: The following pertains to the Atlantic Avenue Redevelopment Area: This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini- parks, commercial uses along Atlantic Avenue and NW 5th Avenue, and scattered vacant parcels. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, ~ 995. The plan establishes Future Land Use Map designations, zonings, special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment plan. Planning and Zoning Staff Report FLUM Amendments and Rezomngs for N 300 Block of West Atlanbc Avenue (N % of Block 36) Page 4 Adoption of the Redevelopment Plan represents Phase I of the redevelopment strategy for the area. Phase II consists of an economic development strategy to be developed by the CRA, based on the Redevelopment Plan, and a market study. The economic development strategy will be completed by Fiscal Year 97/98. The draft amendment to the West Atlantic Avenue Redevelopment Plan includes' recommendations for redevelopment of the subject property. These amendments will be adopted prior to final adoption of this FLUM amendment. The WARC Board has supported the recommendations included in the Plan and the CRA has received proposals for redevelopment of the block which require the proposed amendments to be made. The FLUM amendments and concurrent rezonings being considered at this time are proposed to fulfill the provisions of the Redevelopment Plan. The proposed amendments also fulfill Housing Element Policy B-2.6 stated as follows: Housing Element Policy 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 N. Federal Highway area/s d/scouraged. The proposed FLUM amendments and rezonings are necessary to accommodate residential development on a block within the West Atlantic Avenue Redevelopment Area, adjacent to the Central Business District. Additional housing in this area fulfills a critical need. Since these two Comprehensive Plan policies are furthered by the proposed FLUM amendments, a positive finding can be made with respect to fulfilling a demonstrated need. Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal is consistent with the goals, objectives and policies of the City's Comprehensive Plan. Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Pursuant to conditions that will be included in the West Atlantic Avenue Redevelopment Plan, development of the subject property will be limited to community facilities, residential redevelopment or parking for the redevelopment project. Thus, the highest intensity possible under the requested GC designation wily be residential development at 30 units per acre. This would represent an increased development potential of 33 units over those currently available under the existing LD land use designation (1.31 acre), and 15 units on the CF use designation 0.49 acres). City facilities such as water, sewer, and drainage have sufficient capacity to handle the project. Similarly, solid waste can be accommodated by existing County facilities. As the property is located in the TCEA (Traffic Concurrency Exception Area), traffic is not an issue. It is noted, however, that the amendment will Planning and Zomng Staff Report FLUM Amendments and Rezomngs for N 300 Block of West Atlantic Avenue (N % of Block 36) Page 5 facilitate the construction of new housing in the downtown area, which will foster a development mix, that is less auto dependent. The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. [] Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The subject property is located on the north half of the N. 300 block of West Atlantic Avenue. Together with the south half of the block and the N. 400 block frontage, the property is proposed to be redeveloped as a mixed-use project with residential development and parking to the north. This area of West Atlantic Avenue contains a significant amount of governmental and community facilities, including the City Tennis Center immediately to the east, Greater Mount Olive Missionary Baptist Church complex immediately to the west and the South County Courthouse, across Atlantic Avenue to the south. Immediately north of the subject property is single-family residential development and a proposed church. No additional redevelopment is planned for these adjacent blocks. Development of the subject property will be limited to community facilities, residential development or parking for the redevelopment project. Any residential development over 12 du/acre must also comply with the performance standards in the overlay district. Since these uses are compatible with the existing and future land uses of the surrounding area, a positive finding with respect to compatibility can be made. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The subject property contains a grass parking lot for Mount Olive church on NW 4th Avenue and the remainder is vacant. All future development within the requested designation will comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be addressed with review of a conditional use for the residential development and will be reviewed again with the site plan approval request. There should be no problems complying with the Land Development Regulations. A discussion of Compliance with the Land Development Regulations is also included in the "Zoning Analysis" section of this report. ZONING ANALYSIS REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials Planning and Zoning Staff Repo~ FLUM Amendments and Rezon~ngs for N 300 Block of West Atlanbc Avenue (N % of Block 36) Page 6 submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determinin.q Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonin.q Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.3.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is part of a redevelopment project, which also includes the frontage of the north 300 and 400 blocks of West Atlantic Avenue. Pursuant to a draft amendment to the Redevelopment Plan, the proposed development will consist of a mixed-use project with commercial/residential development on the frontage and residential development and parking in the rear. The Community Redevelopment Agency has received four proposals for this type of development and is in the process of selecting the winning proposal. The subject property is proposed to be rezoned to GC (General Commercial). Development of the property subject to this amendment will be limited to community facilities, residential development or parking for the redevelopment project. As stated earlier this area of West Atlantic Avenue contains a significant amount of govemmental and community facilities, including the City Tennis Center immediately to the east, Greater Mount Olive Missionary Baptist Church complex immediately to the west and the South County Courthouse, across Atlantic Avenue to the south. Immediately north of the subject property is single-family residential development and a proposed church. No additional redevelopment is planned for these adjacent blocks. The proposed uses are compatible with the existing and future land uses of the surrounding area. To further assure compatibility, any residential development over 12 du/acre must comply with the performance standards in the overlay district and is subject to conditional use approval. Planmng and Zomng Staff Report FLUM Amendments and Rezomngs for N 300 Block of West Atlantic Avenue (N % of Block 36) Page 7 Section 2.4.5(D)(5) (Rezonin~ Findin_clS): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; bo That there has been a change in circumstances which make the current zoning inappropriate; CJ That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reason for the proposed rezonings is "b", based on the following: The zoning classifications for the subject property are being amended pursuant to recommendations by the CRA and WARC. The West Atlantic Avenue Redevelopment Plan is currently in the process of being amended. Pursuant to this amendment, redevelopment of the subject block will consist of a mixed-use project with commercial/residential uses fronting on West Atlantic Avenue and residential development and parking in the rear. The CRA issued an RFP and received four proposals for this type of development. It is now in the process of evaluating the proposals and selecting the winner. The existing zoning classifications of CF and R-I-A on the subject property are not compatible with the proposed redevelopment scenario. The proposed rezonings are necessary to move forward with the project. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No formal land development application has been received for the subject property. However, as stated earlier, the CRA has received four proposals for development of the project. One of the criteria used in the evaluation and selection process is compliance with the Land Development Regulations and any proposed development will ultimately be subject to the provisions of the zoning district. Therefore, a positive finding can be made with respect to future compliance with the Land Development Regulations. REVIEW BY OTHERS The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority). Community Redevelopment Agency: By their request for this action, the Community Redevelopment Agency has given its approval. Planning and Zoning Staff Report FLUM Amendments and Rezomngs for N 300 Block of West Atlantic Avenue (N % of Block 35) Page 8 West Atlantic Avenue Redevelopment Coalition (WARC): The WARC Board has been involved with the CRA's initiative to redevelop the North 300 and 400 blocks of West Atlantic Avenue since the CRA began its property assemblage. WARC Board approval was given at each step of the RFP process and the Board is currently ~nvolved in the selection process. A draft of the second amendment of West Atlantic Avenue Redevelopment Plan which includes recommendations for the FLUM amendments and. rezonings was reviewed by the WARC Board on August 9, 2000. The WARC Board supported the proposed recommendations. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · West Settlers Historic District Association · PROD (Progressive Residents of Delray) · Northwest Community Improvement Association Presidents Council · Delray Merchants Association · Peach Umbrella · West Side Heights Public Notice: Formal public notice has been provided to the owners of all properties subject to the FLUM and zoning changes as well as to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed FLUM Amendments and Rezonings are recommended in the draft amendment of the West Atlantic Avenue Redevelopment Plan, which is in the process of being adopted by th.e applicable boards. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. ALTERNATIVE ACTIONS Continue with direction. Recommend to the City Commission approval of FLUM Amendments to the subject parcels, based on positive findings with respect to Future Land Use Element Policy A- 1.7 of the Comprehensive Plan (FLUM Amendment Findings). LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; and, Planning and Zomng Staff Report FLUM Amendments and Rezonlngs for N 300 Block of West Atlanbc Avenue (N % of Block 36) Page 9 Recommend to the City Commission approval of the rezonings of the subject parcels, based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Recommend denial of the FLUM Amendments and Rezonings based on a failure to make positive findings and that the FLUM amendments and rezonings fail to fulfill one of the basis for which a FLUM amendment or rezoning should be granted. RECOMMENDED ACTION Recommend to the City Commission approval of the proposed FLUM Amendments from: LD (Low Density Residential 0-5 du/acre) to GC (General Commercial) for the parcels within "Area A", as identified in Appendix A; and CF-P (Community Facilities- Public Buildings) to GC (General Commercial) for the parcels within "Area B", as identified in Appendix A; based on positive findings with respect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; and, Recommend to the City Commission approval of the following rezoning requests: Rezoning from R-1-A (Single Family Residential) to GC (General Commercial) for the parcels in "Area A", as identified in Appendix A; Rezoning from CF (Community Facilities) to GC (General Commercial) for the parcels in "Area B", as identified in Appendix A; based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: Proposed Future Land Use Map Amendments Proposed Rezonings Appendix A Report prepared by: Ron Hoopard. Senior Planner ~'\l:>lanmno & zomno\boards\~>&z board\bk36 flum amendment doc MARTIN LUTHER 3RD NW ',ST CiTY A TTORN£ Y BUILDING CITY HALL CF'P COMMUN! TY CENTER ATLAN lC TENNIS STADIUM AVENUE POLICE SOUTH COMPLEX COUNTY COURT HOUSE CF P ~PROTECT~ON ~ ST ST N W 1ST ST OLD SCHOOL SQUARE ST S E IST S1 N :ITv 0~' DELRAY BEAPH, FL PLANNIN~ A ZONIN~ DEPARTMENT BLOCK 36 F.LU.M. AMENDMENT FROM: CF-P (COMMUNITY FACILITIES-PUBLIC BUILDING) & LD (LOW DENSITY RESIDENTIAL, 0-5 UNITS/ACRE TO' GO (GENERAL COMMERCIAL) =- DIGIT, a.Z ~J~.4SE ~IX~P S~TEM --- MAP REF LM465 MAR'hi', LUTHER N W 2ND NW Ct TY HALL G iJ CF NO i ATLANTIC COMMUIV! TY TENNIS STADIUM AVENUE POLICE SOU TH COMPLEX COUNTY COURT HOUSE N W !ST ST NE 5RD STI N E 2ND St N E !ST S~ ;ilAD OLD SCHOOL SQUARE $7 SW 1ST ST SE !ST ST N CIT~ 0" DELRAv BEAD. I-'. FL PLANNINg. & ZONING D[=AR~'M__N- BLOCK 36 REZONING FROM. CF (COMMUNITY FACILITIES) & R-1-A (SINGLE FAMILY RESIDENTIAL) TO. GO (GENERAL COMMERCIAL) --- DIC.17AZ. ,~,,~,£ ~IA~ SYSTEM --- NIA= RE:' LMm63 APPENDIX A I AREA A: LOTS 6 THROUGH 13, INCLUSIVE AND THE EAST 8 FEET OF THE ABANDONED 16 FOOT ALLEY RIGHT-OF-WAY LYING WEST OF AND ADJACENT TO SAID LOTS, TOGETHER WITH LOTS 14 AND 15 AND THE WEST 8 FEET OF THE ABANDONED 16 FOOT ALLEY RIGHT-OF-WAY LYING EAST OF AND ADJACENT TO SAID LOTS, REVISED PLAT OF BLOCK 36, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 38 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AREA B: LOTS 16 THROUGH 21, INCLUSIVE, TOGETHER WITH THE WEST 8 FEET OF THE ABANDONED 16 FOOT ALLEY RIGHT-OF-WAY LYING EAST OF AND ADJACENT TO SAID LOTS, REVISED PLAT OF BLOCK 36, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 38 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SUPPORT DOCUMENT #3 COMPREHENSIVE PLAN AMENDMENT 00-2 CBD FUTURE LAND USE MAP AMENDMENT PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: August 21, 2000 IV.E.3 City and Privately Initiated Future Land Use Map Amendment from GC (General Commercial) & RDA-5 (Redevelopment Area-5) to CC (Commercial Core) and Rezonmg From GC (General Commercial) & AC (Automotive Commercial) to CaD (Central Business ' District), on the East and West sides of SE 5t" Avenue (Southbound Federal H~ghway) and SE 6~ Avenue (Northbound Federal H~ghway) Between S.E. 3rd Street & S.E. 4th A ~' L A N 'fl C AVENUE GENERAL DATA: Owner ......................................... Various Applicant ...................................... Steve Moore Chevrolet Delray, lnc and David T. Harden, City Manager, City of Delray Beach Location ..................................... Located on the East and West Sides of SE 5~ Avenue (Southbound Fede,-al Highway) and SE 6tr' Avenue (No~hbound Federal Highway) between S.E 3rd Street & S.E. 4th Street Property Size .............................. 6 4 Acres Ex~sting F.L. LI.M. Designati:)n .... General Commercial & Redevelopment Area # 5 Proposed F.L.U.M. Designation.. Commercial Core Existing Zoning ............................ AC (Au[omot~ve Commercial) & GC (General Commercial) Proposed Zoning ......................... CaD (Central Business D~sm=t) Ad.~acent Zoning ................. North: CaD East: R-l-AA (Single Family Residential) South: GC West.: R-1-A (Single Family Resident;al) Existing Land Use ...................... Vacant Automobile Dealersmp & Body Shop, General Commerc;al and Residential Uses Proposed Land Use .................... Redevelopment of the Auto- Re~ated Properties to A=commDdate ~ Residential or IvIixed-Used (with Res~aent;a!) Development Water Se,vice ............................. Ex~stmg on s~te Sewer Se~.e ............................. Ex~stm9 on s~[e ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation to the City Commission on a Future Land Use Map amendment from GC (General Commercial) and RDA-5 (Redevelopment Area #5) to CC (Commercial Core), and a change of zoning from AC (Automotive Commercial) and GC (General Commercial) to CBD (Central Business District) for approximately 6.4 acres of developed land. The subject properties are located on the east and west sides of SE 5th and 6th Avenues, between SE 3rd Street and SE 4th Street, and consist primarily of the former Steve Moore Chevrolet Dealership. The amendment was requested by the owners of the dealership, Auto Nation, for that portion of the property that is under their ownership. The areas adjacent to the dealership have been added to the amendment by the City, in order to "square off" the boundaries of the CBD. The Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map, as well as all rezoning requests. BACKGROUND J The project area consists of 6.4 acres of land, the majority of which consists of a vacant 4.77 acre automobile dealership and accessory uses. The overall site is comprised of 48 individually platted lots and the abandoned 16' wide north/south alley right-of-way of Block 112, Delray Heights. Many of the properties consist of offices and businesses that have been established in converted residential structures. The automobile dealership was established in 1964 and was originally known as Adams Chevrolet Company. In February 28, 1977, the north/south alley, which bisected the dealership, was abandoned via Resolution No. 17-77 and utilized as customer and employee parking, and storage area for vehicles. In 1982, the dealership was purchased by Fronrath Chevrolet. It was purchased by Steve Moore Chevrolet in 1997, which vacated the site in July, 2000. The site is currently unoccupied. The properties were zoned C-2 (General Commercial) until 1972, at which time they were rezoned to SC (Specialized Commercial), in conjunction with adoption of the new zoning code. The SC zone district accommodated auto related uses in addition to general commercial type uses. With the Citywide rezonings and adoption of the Land Development Regulations in October, 1990, the properties in question were rezoned from SC to AC (Automotive Commercial) and GC (General Commercial). P&Z Board Staff Report FLUM Amendment and Rezontngs for Steve Moore Chevrolet & Related Properties Page 2 FUTURE LAND USE MAP AMENDMENT ANALYSIS .] REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use amendments, 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 (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations (LDRs) Future Land Use Map: Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The underlying Future Land Use Map (FLUM) designations for the subject property are RDA-5 (Redevelopment Area #5) and GC (General Commercial). The current zoning designations on the properties are AC (Automotive Commercial) and GC (General Commercial). The proposed change is to a FLUM designation of Commercial Core. The proposed zoning district is Central Business District (CBD), which is consistent with the Commercial Core FLUM designation. The existing uses on the westernmost block consist of residential multi-family, office 'and services (hair salon, massage therapy, etc.). Many of the office uses are in structures that have been converted from residential uses. The vacant auto dealership occupies the center block. Uses on the east side include a convenience store, offices for a pest control business, vacant used car sales (associated with the former Steve Moore dealership), and residential multi-family. The residential and commercial uses (office, service, retail) will be consistent with the proposed Commercial Core FLUM and the CBD zoning. The automotive uses are currently permitted under the existing AC (Automotive Commercial) zoning district classification, although there are several site conditions that do not conform to the development standards of that zoning, such as landscaping. As noted, the dealership and its associated uses have vacated the properties, and the owners have requested this amendment in order to sell this property for redevelopment as a mixed-use project. Once the amendment and the associated rezoning are adopted, the automotive uses will no longer be permitted. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. P&Z Board Staff Report FLUM Amendment and Rezomngs for Steve Moore Chevrolet & Related Properties Page 3 Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. In addition to furthering the fulfillment of comprehensive plan policies that encourage the development of new housing in the downtown, a primary basis for this FLUM amendment relates to changes in the character of the area. Approximately 60% of the subject property was occupied by an automobile dealership that has vacated the premises. The character of the uses between the Federal H~ghway pairs in the downtown area and beyond has changed significantly in the past year. Older, obsolete buildings and uses have been demolished and redeveloped as new office, retail, and residential uses. Increasingly there is an interest in the establishment of new housing in the downtown area. There are currently two townhouse projects underway in the CBD that are located between the Federal Highway pairs. One is located in the block immediately north of Atlantic Avenue, and includes 22 townhomes and new Class A office space. The other, which is located in the first block south of Atlantic Avenue, consists of 32 townhouse units. Other residential projects that have been approved or recently constructed within or adjacent to the CBD include a 219 unit apartment project, and smaller scale commercial projects with apartments on the second stow. The City has worked to direct automotive uses away from the downtown area. Vehicle sales are concentrated in three areas: at the southern end of the City along S. Federal Highway, at the northern end of the City along N. Federal Highway, and along Linton BouJevard just east of 1-95. Vehicle repair facilities have been directed to the City's industrially zoned areas, although some nonconforming repair shops still exist in the CBD. The subject property is located immediately south of the CBD, and functions as a gateway from the southern part of the City into the downtown. The automotive uses that formerly occupied the site were constructed prior to the establishment of the Automotive Commercial (AC) zoning district, which applied stringent development and landscape standards for car dealerships. The Steve Moore properties have not been upgraded to comply with all of the current landscape standards, and have consequently detracted somewhat from the appearance of the overall area. The relocation of the dealership and the accessory repair facilities to a more appropriate location on S. P&Z Board Staff Report FLUM Amendment and Rezomngs for Steve Moore Chevrolet & Related Properhes Page 4 Federal Highway presents a unique opportunity to transform this entrance into the downtown into an attractive gateway. The most logical redevelopment strategy is to extend the CBD zoning to include the dealership properties and the adjacent half-blocks on the east and west sides of the Federal pairs. The CBD zoning includes development standards that facilitate the establishment of housing for people who want to live in a downtown setting, within walking distance to goods and services. Adding this large site to the limited inventory of available sites for such housing will support the City's ongoing efforts to revitalize the downtown, and to provide a stable customer base for local businesses for years to come. Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The Housing Element of the City's Comprehensive respect to housing in the downtown area: Plan states the following with 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 night life. 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 City needs to reevaluate current regulations regarding the construction of dwelling units in the central business district, and make whatever changes are necessary to eliminate impediments and provide incentives. Policy B-3.4 of the Housing Element reads as follows: The City's Planning and Zoning Department will work with the Community Redevelopment Agency to analyze the existing Central Business Distdct regulations to determine if there are significant regulatory impediments to the development of residential units in the downtown, and wi//process the amendments necessary to eliminate those barriers. This analysis wi//be conducted in FY 97/98. This FLUM amendment will help to further the goal of providing housing opportunities in the downtown area. The rezoning to CBD will allow for development at a higher density (30 units per acre as opposed to 12 units per acre), adding to the property's value as a potential housing site. Even if the property is not developed as housing, elimination of its potential for auto uses will aid in the continued revitalization of the downtown. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Uses permitted within the Commercial Core FLUM designation, and the CBD zoning district are in many respects similar to the type and intensity of uses permitted on land having a General Commercial (GC) FLUM designation. However, the existing GC P&Z Board Staff Report FLUM Amendment and Rezomngs for Steve Moore Chevrolet & Related Properties Page 5 FLUM allows a greater variety of zoning designations. In addition to the open space and community facility zoning districts (OS, OSR, and CF) that are consistent with most of the City's land use designations (including Commercial Core), the following zoning classifications are permitted with an underlying General Commercial FLUM designation: AC (Automotive Commercial), GC (General Commercial), PC (Planned Commercial), NC (Neighborhood Commercial), RT (Resort Tourism), POC (Planned Office Center), and POD (Professional Office District). These districts allow a wide variety of uses, including shopping centers, office complexes, hotels and resorts, multi-family residential development, and vadous service uses. The zoning districts that can be applied to property having a Commercial Core FLUM designation are CBD (Central Business District), RO (Residential Office), and RT (Resort Tourism). The CBD provides for retail and service uses in a more compact development form than GC or PC zoning. It also permits a higher density residential development (30 units per acre as opposed to the 12 units per acre that is permitted with the GC designation). However, the most intense development scenario under either the General Commercial or Commercial Core FLUM designations is the same: that of a retail/commercial establishment. Thus, the FLUM amendment does not affect the site in terms of level of service standards. Positive findings with respect to a project's ability to comply with concurrency standards will have to be made with a specific development proposal. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The area to the north of the subject property is zoned CBD, and includes office uses and nonconforming automotive uses. The area to the south is zoned GC and contains auto and residential uses. The areas to the east (R-l-AA) and west (R-l-A) are zoned for single family residential development. The lots lying on the west side of SE 5th Avenue (southbound Federal Highway portion of the subject property) have a Future Land Use Map designation of Redevelopment Area #5 (RDA #5). These lots are part of an overall redevelopment area that consists primarily of the Osceota Park residential neighborhood to the west. A plan is currently being developed by the City that will concentrate on improving and stabilizing the residential area, and reducing conflicts with the adjacent commercial uses. The includes retaining the existing commercial zoning for properties the along SE 5th Avenue (southbound Federal Highway). The neighborhood to the east is considered to be stable, although impacts from the commercial uses along Federal Highway, especially the adjacent convenience store, have at times been a problem. The proposed amendment to Commercial Core will eliminate the potential for large scale automotive uses on the property. Automotive uses within the City have had a history of creating conflicts with adjacent residential neighborhoods. Some of the problems that have been noted include the test driving of vehicles through neighborhood streets, noise from repair uses, cars parked all over the site as well as off-site along the streets, loading and unloading of vehicles within rights-of-way, and similar impacts that affect the peace and quiet of nearby neighborhoods. P&Z Board Staff Report FLUM Amendment and Rezomngs for Steve Moore Chevrolet & Related Properties Page 6 The amendment is being processed to facilitate redevelopment of a majority of the subject property as a residential or mixed-use project. New residential development in the area will be more compatible with the adjacent neighborhoods than the previous auto uses. Redevelopment of the site will give the City the opportunity to ensure that the site is designed in a manner that is sensitive to the existing surrounding neighborhoods. Based on the above, a finding can be made that the CC FLUM designation will be compatible with the existing and future land uses of the surrounding area. Compliance - Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations will be addressed with a specific development proposal. There are no problems anticipated with the ability to comply with the Land Development Regulations. ZONING ANALYSIS REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. ' Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. P&Z Board Staff Report FLUM Amendment and Rezomngs for Steve Moore Chevrolet & Related Properhes Page 7 Section 3.2.2 (Standards for Rezoninq Actions): Standards A, B, and E are not applicable. The applicable performance standards of Section 3.2.2 are as follows: (C)Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial zoning developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The majority of the subject property is already developed, and there are no strip type commercial centers. The change in zoning from GC to CBD will promote a more compact, urban type of development rather than that which would typically be proposed along an arterial highway. The site of the former Chevrolet dealership spans approximately a block and a half in size, and represents a unique opportunity for a relatively large scale redevelopment (as opposed to shallow strip center uses). (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. Compatibility with the adjacent properties to the north and south is not a concern as the property is being changed to a zoning designation that is the same as that of the property to the north (CBD), and is similar in many respects to the GC zoning on the southern border. While the properties on the east and west borders are zoned for single family residential uses, the change from GC to CBD will result in a similar development pattern, with one possible exception, that of maximum height. The maximum height in both the CBD and GC zoning districts is 48', unless conditional use approval is granted to increase the height to 60'. Numerous conditions must be met before a height increase can be granted, one of which is the property's location. CBD zoned properties west of the Intracoastal Waterway are eligible to apply for the height .increase, as are parcels located between the Federal Highway pairs. While the provision currently applies to the dealership site, auto dealerships rarely contain structures more than two stories in height. Thus, if the property is rezoned to CBD, the potential exists to increase the height of buildings from 48' to 60'. It should be noted that other, very specific, conditions must be met in order to allow the height increase. The height of proposed buildings must be very sensitive to the nearby residential areas. As discussed in the section on the FLUM amendment, elimination of the automotive zoning will help to promote the establishment of uses that are more compatible with the surrounding area. Compatibility will be further addressed at the time of site and development plan review. Section 2.4.5(D)¢$) (Rezoninq Findinqs): Pursuant to Section 2.4.5(D)(5) (Findings), 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: P&Z Board Staff Report FLUM Amendment and Rezonings for Steve Moore Chevrolet & Related Properties Page 8 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; 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 applicant has submitted a justification statement, which states the following: "These parcels are inconsistent with the existing surrounding zoning of CBD to the north, GC to the west and south, and residential to the east. The entire area has several redevelopment projects containing commercial, office, and residential uses. This would be a natural extension of the CBD zoning." Comment: The basis for which the rezoning is being sought most closely relates to "b" and "c" above. The relocation of the dealership and the redevelopment of many nearby properties in the CBD for housing purposes is indicative of a change in circumstances which make the current AC (Automotive Commercial) zoning inappropriate. Once the AC parcels are changed to CBD, it makes sense to also change the adjacent GC parcels to CBD. This will have the effect of extending the southern boundary of the downtown commercial area to be similar to the northern boundary (from NE 4th St. to SE 4th St.). With the exception of residential densities, the proposed zoning is similar in intensity as allowed under the General Commercial Future Land Use Map designation. Given the blighted situation as well as the thrust for redevelopment and economic stimulation along this section of Federal Highway, it is appropriate to rezone the property to CBD. ' COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development proposal. No formal development application has been submitted for the subject property. Compliance with the LDRs will be reviewed when a development proposal is submitted. There are no problems anticipated with the ability to comply with development standards and regulations. As noted earlier in the report, the automotive uses are currently permitted under the existing AC (Automotive Commercial) zoning district classification, although there are several site conditions that do not conform to the development standards of that zoning. Also, some of the GC zoned properties do not conform to development standards, such as landscaping. As noted, the dealership and its associated uses have vacated the properties. The FLUM amendment and rezoning have been requested in order to sell this property for redevelopment as a mixed-use project. Once the amendment and the associated rezoning are adopted, the automotive uses will no longer be permitted. P&Z Board Staff Report FLUM Amendment and Rezonings for Steve Moore Chevrolet & Related Properties Page 9 REVIEW BY OTHERS The subject property is not within a geographical area requiring review by the Downtown Development Authority or the Historic Preservation Board. Community Redevelopment A_clency: This item was scheduled for review by the CRA at its August 10th meeting, however, there was no quorum and the meeting was canceled. The item will be rescheduled for review at the meeting of August 24th. Courtesy Notices: Courtesy notices have been provided to the following civic and homeowners associations: · Barrton Condominium · Chamber of Commerce · Churchill Condominium · Marina Historic District · Osceola Park · Presidents Council · PROD (Progressive Residents of Delray) Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT 'Positive findings can be made with respect to this application's consistency with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Sections 3.1.1 (Required Findings), 3.2.1 (Consistency), 3.2.2 (Standards for Rezoning Actions) and 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan. The FLUM amendment to Commercial Core and rezoning to CBD will expand the downtown zoning district to include a large property that is slated for redevelopment as a mixed-use project. The change to CBD will promote the establishment of new housing in the area, which has long been a goal of the City and the Community Redevelopment Agency (CRA). The relocation of the auto dealership and its associated uses presents a unique opportunity for the City to reshape this important southern gateway to the central business district. The changes will stimulate further redevelopment of the area, and will aid in the long term revitalization of the downtown core. ALTERNATIVE ACTIONS A. Continue with direction. P&Z Board Staff Report FLUM Amendment and Rezonmgs for Steve Moore Chevrolet & Related Properties Page 10 Recommend to the City Commission approval of the Future Land Use Map amendment from RDA-5 and GC to CC, and a rezoning from AC and GC to CBD, based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Sections 3.1.1, 3.2.2 and 2.4.5(D)(5) of the Land Development Regulations. Co Recommend to the City Commission denial of the Future Land Use Map amendments from RDA-5 and GC to CC, and the rezoning from AC and GC to CBD, based upon a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and/or Sections 3.1.1, 3.2.2 and 2.4.5(D)(5) of the Land Development Regulations (state specific section). STAFF RECOMMENDATION Recommend to the City Commission approval of the Future Land Use Map amendments from RDA-5 (Redevelopment Area #5) and GC (General Commercial) to CC (Commercial Core), and the rezoning from AC (Automotive Commercial) and GC (General Commercial) to CBD (Central Business District), for properties located on the east and west sides of SE 5th and 6th Avenues, between SE 3rd Street and SE 4th Street, based upon positive findings with Future. Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), 3.2.1 (Consistency), 3.2.2 (Standards for Rezoning Actions) and 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations. Attachments: r3 Future Land Use Map [3 Zoning Map 5E Il. ATLANTIC 1S1 AVENUE BUD '5 BAR ZND / L 3RD 4TH D£LRAY BEACH WOM£N~ CLUB ST SEA GA TE TO WERS MD MANOR 5E 6TH SI F BARRTON APT CONDOS CONDO M£LALEUr'A RD N CITY OF DFLRAY B"ACM, FL PLANNING & ZONING DEPARTMENT STEVE MOORE SITE & ADJACENT PROPERTIES F.L.U.M. AMENDMENT FROM: GENERAL COMMERCIAL & REDEVELOPMENT AREA #5 TO: COMMERCIAL CORE SE S£ ) J J t ~ ~ ~ I tL mm ATLANTIC AVENUE 2ND BuD'S SEA GA TE TO WERS BAR RM 4TH II f ST BARR TON APT CONDOS R SEA GA T£ I~ANOR MELALEUCA RD CHURCHI~.L J ~o~o R-1-A N C~TY OF DELRAY BEACH, FL PLANNINC, &: ZONING DEPARTMENT STEVE MOORE SITE & ADJACENT PROPERTIES REZONING FROM: GC (GENERAL COMMERCIAL) & AC (AUTOMOTIVE COMMERCIAL) TO: CBD (CENTRAL BUSINESS DISTRICT) MA~ REF LM469 NOTICE OF PUBLIC HEARING NOTICE OF COMPREHENSIVE PLAN CHANGE 2000-2 CITY OF DELRAY BEACH, FLORIDA The City Commission of the City of Delray Beach proposes to adopt the following ordinance: ORDINANCE NO. 21-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2000-2 PURSUANT TO THE PROVISIONS OF THE 'LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT', FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXlt~IT 'A' ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2000-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. A Public Hearing on the ordinance will be held on TUESDAY, DECEMBER $, 2000, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. The proposed TEXT AMENDMENTS address the following subject matter: ~,, Modification of Housing Element Policy A-7.2 to delete S.W. 4th Avenue area -from the list of redevelopment plans to be completed. %ce Deletion of Housing Element Policy A-7.4 relating to restrictions on expenditure of public funds within redevdopment areas. Similar) language was deleted in Future Land Use Element Policy C-2.1 with Comprehensive Plan Amendment 99-1. %% Deletion of Transportation Element Policy A-7.5 relating to opposition to the widening of Lake Ida .. Road. %% Modification of Transportation Element Policy A-6.1 to add a standard that encourages cross access between parcels. ~e Modification of Open Space and Recreation Policy A-2.7 to state that as part of the preparation of redevelopment and neighborhood plans, the City will evaluate the possibility of establishing neighborhood or "pocket parks" in the area for which the plan is being prepared. ~, Modification of Public Facilities Element C-2.1 to retiect completion of the required study and the City's annual ClP commitment to fund n~cessary remedial work for sewer mains. {, Modification of Public Facilities Element C-2.2 to reflect completion of the required study and the City's annual CIP commitment to fund the necessary remedial work for water mains. %% Modification of Coastal Management Element Policy D-4.1 to specify the department or division responsible for the seawall ordinance review and clarify which seawalls are subject to public inspection. ~, Modification of the Future Land Use Element "Table of Contents" to note Pohcy C-2.2 has been deleted by Comprehensive Plan Amendment 99- 1. The changes to the FUTURE LAND USE MAP (FLUM) involve three areas of land (depicted below) which will be adopted as part of Amendment 2000-2. CC' LOCATION GENERAL ACTION PA~'RCEL SIZE MAP NUMBER LOCATION IN ACRES, 1. Block 36, Town of North of West FROM: CF-P (Community 1.8 Dstr~y (portion of) ~,tlantic Avenue,betwesn NW Facilities -Public Buildings) and LD 3rd Avenue and NW 4th Low Density Residential 0-5 units Avenue per acre) TO: GC- General Commercial 2. Central Business Lying east of SE 4th Avenue FROM: RDA d~5 (Redevelopment 6.4 District (CBD) snd went of SE 7th N'ea d~5) and GC (General Boundary Expansion Avenue, between SE 3rd Commercial) Street and SE 4th Street. TO: CC (Commercial Core) 3. Palm Court Southwest comer of FROM: (County) C/5 (Commemlal 14.19 Shopping Canter Unton Boulevard and Military with residential density of 5 units per Trail aore) To: (C~) (3c,(~nml commerclat), At the hearing the City Commission will accept public testimony and will consider the adoption of Comprehensive Plan Amendment 2000-2. All interested citizens are invited to attend the public heating and comment upon Comprehensive Plan Amendment 2000-2 or submit comments in writing on or before the date of the hearing to the Planning and Zoning Department. Further information concerning the proposed amendment can be obtained from the Dekay Beach Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Dekay Beach, Florida 33444 (Phone 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD. PURSUANT TO ES. 286.0105. PUBLISH: Boca Raton/Delray Beach News CITY OF DELRAY ' November 29, 2000 Alison MacGregor Harry AD# NS 1162 City Clerk I I I CI~ COMMISSION DOCUMENTATION TO: FROM SUBJECT: DAVID T. HARDEN PAUL DORLING, A~C~G PLANNING AND ZONING DIRECTOR MEETING OF SEPTEMBER 7~ 2000 ORDINANCE NUMBER 2'1- 00 FIRST READING AND TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 00-2 BACKGROUND The City Commission initiated Comprehensive Plan Amendment 00-2 on August 1, 2000. This amendment generally focuses on the clarification of policies, and three amendments to the Future Land Use Map. The items included in the Plan Amendment are listed in an attachment to this memo, and are further described in the attached support documents. pLANNiNG'AND ZONING 'BOARD CONSIDERATION The Planning and Zoning Board held its public hearing regarding the amendment on August 21, 2000. No one from the public spoke in support of nor opposition to the amendment. After discussion, the Board recommended the City Commission approve the amendment on first reading and transmit Comprehensive Plan Amendment 00-2 to the Florida Department of Community Affairs. RECOMMENDED ACTION By motion, approve Comprehensive Plan Amendment 00-2 on first reading and transmit the amendment to the Florida Department of Community Affairs. Attachments: · Summary of Comp Plan Amendment 00-2 · Comprehensive Plan 00-2 9/7/00 S/Iongrange/OO-2cctransmittal TO: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION Au~/T. HAROENL CITY MANAGER ORL NG DIRECTOR OF PLANNING & ZONING MEETING OF AUGUST 1, 2000 ** REGULAR AGENDA ** INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2000-2 ACTION REQUESTED OF THE CITY COMMISSION The action requested of the City Commission is initiation of Comprehensive Plan Amendment 2000-2. Pursuant to LDR Section 9.2.1, amendments to the Plan must be formally initiated by the City Commission. BACKGROUND I The City is allowed to enact two amendments to its Comprehensive Plan each year. This will be the second amendment for the year 2000. This amendment generally focuses on updating maps, clarification of policies, deletion of achieved policies and two amendments to the Future Land Use Map. The items suggested for inclusion in the Plan Amendment are listed below: City initiated Future Land Use Map amendment from County C/5 (Commercial with residential density of 5 units per acre) to City GC (General Commercial) associated with the annexation of the 14.19 +/- acres Palm Court Shopping Center (SW corner of Linton Blvd. and Military Trail). City initiated Future Land Use Map amendment for 1.71 +/- acres in Block 36, Town of Delray, from CF-P (Community Facilities-Public Buildings) and LD (Low Density Residential, 0-5 units per acre) to GC (General Commercial). · Modification of the map series to reflect new municipal boundary changes. · Modification of Housing Element Policy A-7.2 to delete S.W 4th Avenue area from the list of redevelopment plans to be completed. Deletion of Housing Element Policy A-7.4 relating to expenditure of public funds within redevelopment areas. Similar language was deleted in Future Land Use Element Policy C- 2.1 with Comprehensive Plan Amendment 99-1. · Deletion of Transportation Element Policy A-7.5 relating to opposition to the widening of Lake Ida Road. · Modification of Transportation Element Policy A-6.1 to add a standard that encourages cross access between parcels. Planning and Zoning Board Staff Report Recommendation to the City Commission Regarding the Imtiation of Plan Amendment 00-2 Page 2 · Modification of Open Space and Recreation Policy A-2.7 to state that as part of the preparation of redevelopment and neighborhood plans, the City will evaluate the possibility of establishing neighborhood or "pocket parks" in the area for which the plan is being prepared. · Modification of Public Facilities Element C-2.1 to reflect completion of the required study and the City's annual CIP commitment to fund necessary remedial work. · Modification of Public Facilities Element C-2.2 to reflect completion of the required study and the City's annual CIP commitment to fund the necessary remedial work. Modification of Coastal Management Element Policy D-4.1 to specify the department or division responsible for the seawall ordinance review and clarify which seawalls are subject to public inspection. · Modification of the Future Land Use Element "Table of Contents" to note Policy C-2.2 has been deleted by Comprehensive Plan Amendment 99-1. I , , , ' SCHE'DULE F'~OR REVIEW The tentative schedule for processing Plan Amendment 00-2 is as follows: Aug. 1, 2000 Initiation by City Commiss(on Audi 21, 2000 Plannin~l and Zonin~l Board Hearin~l Sept 5, 2000 Cit~/ Commission Transmittal Public Hearin~l Oct. 23, 2000 Receipt of ORC Report Nov. 20, 2000 P&Z Adoption Hearing Dec. 5, 2000 City Commission Adoption Hearing Jan. 19, 2001 Effective date pLANNING, AND ZONING BOARD'CONSIDERATION, , , I The Planning and Zoning Board considered the initiation request at their meeting of July 24, 2000. There was no discussion by the pubhc and the Board unanimously recommended approval on a 6-0 vote (Morris arriving late). I RECOMMENDED ACTION' By motion, approve the initiation of Comprehensive Plan Amendment 2000-2, containing the material stated in this staff report. OLD SCHOOL SQUARE ST 2ND ATLANTIC BUD'S A TLAN TIC PLAZA GC WATERWAY EAST COMMERCIAL CONDO DORCHES~R CO-OP STREET BERKSHIRE BY THE SEA GROSVENOR MANOR HOUSE CONDO SPANISHRiVER ~ DEI. RAY AVENUE DOVER HOUSE CONDO, CONDO / JARDIN DEL MAR ! CONDO LAN~KAI !flLLAS CONDO CITY OF OELRAY BEACH, FL PLANNING &: ZONING DEPARTMENT CENTRAL BUSINESS DISTRICT (CBD) BOUNDARY -- O/C/E.~L BASE A~P SYSI'EM -- MAP REF LM468