34-96 ORDINANCE NO. 34-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
D~.RAY BEACH, FLORIDA, AMENDING THE LAVER'S NORTH
SPECIAL ACTIVITIES DISTRICT (SAD) , AS ESTABLISHED BY
ORDINANCE NO. 65-80, AND AMENDED BY ORDINANCE NO. 21-95,
BY AMENDING THE APPROVED MASTER DEVELOPMENT PLAN OF
RECORD TO FORMALLY INCORPOP~TE THE TEMPORARY S~T.w.S AND
RECEPTION BUILDING ~S A P~ ST~l~ ON THE SITE
PI2~N FOR THE DEVELOPMENT; PROVIDING A GENERAL REPF2~I~R
CLAUSE, A SAVING CI~USE, AND AN EFFECTIVE DATE.
WHERE,, an appiication has ~een received for a modification to
the SAD (Speciai Activities District) estabiished t~y Oz~nance No. 65-80, as
amended ~ O~tiuance No. 21-95, to aiIow the temporary saIes and reception
Building to ~e made a permanent part of the approved site plan of record for
the Lave='s North development, to accommodate a tennis school/academy; and
~11EREAS, pursu~ut to LDR Section 1.1.6, the Pianning a~ Zoning
Boazd heid a pubiic hearing and considered the subject matter at its meeting
of August 19, 1996, and voted unanimousiy to recommend that the request ~e
approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning
and Zoning Board, as Local Planning Agency, has determined that the change
is consistent with and furthers the objectives and policies of the
Cc~prehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DE~AY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Master Development Plan for the Layer's North
SAD (Special Activities District) is hereby amended to make the existing
4,000 sq. ft. ' temporary' sales complex building a permanent structure to
accommodate a tennis academy (International Tennis Resort) and sales office
associated with the Layer's North development, as reflected on the approved
site plan of record dated April 28, 1995.
Section 2. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence or word be declared by a
court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4. That this ordinance shall become effective immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second aD~ final reading
on this the 15th day of October , 1996.
C~ty Cl~rk ~ v
First Reading October 1~ 1996
Second Reading October 15w 1996
- 2 - Ord. No. 34-96
MEMORANDUM
SUBJECT: AGENDA ITEM ~ /O ~ - REGULAR MEETING OF OCTOBER 15, 1996
SEO D 34-96
S SAD)
DATE: OCTOBER 9, 1996
This is second reading and a quasi-judicial/public hearing for Ordinance
No. 34-96 amending the Layer's North Special Activities District (SAD). At
reconsideration on first reading on October 1, 1996, the Commission passed
the ordinance by a vote of 4 to 1 (Mayor Alperin dissenting).
Ordinance No. 34-96 modifies the Laver's North Special Activities District
(SAD) by amending the master development plan to formally incorporate the
temporary sales and reception building as a permanent structure on the
site. The building in question is located on the south side of the
development, adjacent to Egret Circle. It was built in 1981 as a temporary
sales complex and was to be removed once the meeting rooms, restaurant and
lounge associated with the tennis club were constructed. These
improvements have since been eliminated.
The building had been occupied by a tennis school and used as a sales
office, but is currently vacant. It was vandalized earlier this year and
severely damaged. Repairs were started but were stopped by the Building
Department because no permit had been issued. Since the structure is
technically shown as a temporary building and was not indicated on the
master development plan, a permit cannot be issued without first obtaining
formal approval.
The Planning anx~ Zoning Board reviewed this matter at public hearing on
August 19, 1996, and voted unanimously to recommend that the request be
approved based upon positive findings, and subject to the following
conditions:
(1) That upgrading of the balance of the parking area be completed in
conjunction with the parking lot upgrades to be installed by The
Vinings;
(2) The "Site and Landscape Plan Technical Items" identified in the staff
report be incorporated into the parking lot improvement plans;
(3) That a dumpster enclosure with screening and vision obscuring gates be
provided and incorporated into the improvement plans for the parking
lot; and
(4) That the street lights throughout the Layer's North development be
illuminated.
Recommend approval of Ordinance No. 34-96 on second and final reading,
based upon and subject to the Planning and Zoning Board's recommendation.
ref: agmemo 15
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~
SUBJECT: AGENDA ITEM ~ I~ - REGULAR MEETING OF OCTOBER 1, 1996
RECONSIDERATION OF ORDINANCE NO. 34-96 ON FIRST READING (LAYER'S
NORTH SAD)
DATE: SEPTEMBER 27, 1996
This is before the Commission for reconsideration of Ordinance No. 34-96 on
first reading. It was previously considered on September 3, 1996, at which
time the motion to approve on first reading died for lack of a second. On
September 17, 1996, the Commission, by motion, voted to reconsider the
matter (3 to 1 vote, with Mayor Alperin dissenting).
Ordinance No. 34-96 modifies the Laver's North Special Activities District
(SAD) by amending the master development plan to formally incorporate the
temporary sales and reception building as a permanent structure on the
site. The building in question is located on the south side of the
development, adjacent to Egret Circle. It was built in 1981 as a temporary
sales complex and was to be removed once the meeting rooms, restaurant and
lounge associated with the tennis club were constructed. These
improvements have since been eliminated.
The building had been occupied by a tennis school and used as a sales
office, but is currently vacant. It was vandalized earlier this year and
severely damaged. Repairs were started but were stopped by the Building
Department because no permit had been issued. Since the structure is
technically shown as a temporary building and w~s not indicated on the
master development plan, a permit cannot be issued without first obtaining
formal approval.
The Planning and Zoning Board reviewed this matter at public hearing on
August 19, 1996, and voted unanimously to recommend that the request be
approved based upon positive findings, and subject to the following
conditions:
(1) That upgrading of the balance of the parking area be completed in
conjunction with the parking lot upgrades to be installed by The
Vinings;
(2) The "Site and Landscape Plan Technical Items" identified in the staff
report be incorporated into the parking lot improvement plans;
(3) That a dumpster enclosure with screening and vision obscuring gates be
provided and incorporated into the improvement plans for the parking
lot; and
(4) Tb~t the street lights throughout the Laver's North development be
illuminated.
Recommend approval of Ordinance No. 34-96 on first reading, based upon and
subject to the Planning and Zoning Board's recommendation. If passed, a
quasi-judicial/public hearing will be scheduled for October 15, 1996.
ref: agmemol 5 ~~ ~ ~
TO: DAVID T. HARD~N, CITY MANAGER
AN[YZONING
cos, ,,o
EI~R PlaNNER
SUBJECT: MEETING OF SEPTEMBER 3, 1996
APPROVAL OF A MODIFICATION TO THE LAYER'S NORTH
SAD (SPECIAL ACTIVITIES DISTRICT). LOCATED ON THE
NORTH SIDE OF EGRET CIRCLE. WHICH IS SOUTH OF
LINTON BOULEVARD. BETWEEN S.W. 4TH AVENUE AND S.W,
10TH AVENUE.
The action requested of the City Commission is that of approval of
an amendment to the SAD (Special Activities District) for Laver's
North, pursuant to LDR Section 2.4.5(D). Because the modification
involves a technical change to the master development plan, it
must be processed as if it were an amendment to the SAD
ordinance.
The subject property is located on the north side of Egret Circle,
which is south of Linton Boulevard, between S.W. 4th Avenue and
S.W. 10th Avenue, within the SAD (Special Activities District) zone
district.
In 1981, a 4,000 sq.ft. "temporary" sales complex for the condominiums and
time-shares was constructed on the south side of the Laver's North
development, adjacent to Egret Circle. The "temporary" sales complex was to be
removed once the meeting rooms, restaurant and lounge associated with the
tennis club were constructed. These improvements, however, were eliminated
City Commission Documentation
Meeting of September 3, 1996
Modification to the Laver's North SAD Master Development Plan
Page 2
when the SAD was modified in 1995. The structure was occupied by a tennis
academy/school (International Tennis Resort) and utilized as a sales office
associated with the Laver's North development but is currently vacant. Earlier
this year, the building was vandalized and the restrooms were severely
damaged. The applicant started to repair the facility without proper permits and
was issued a violation notice by the Community Improvement (Building)
Department. As the structure has been represented as a "temporary" structure,
and was not indicated on the master development, a building permit could not be
issued without first obtaining formal approval for the structures.
The development proposal is to amend the approved master development plan
of record to make the existing 4,000 sq.ft. "temporary" sales complex building, a
permanent structure to accommodate a tennis academy (International Tennis
Resort) and sales office associated with the Laver's North development.
At its meeting of August 19, 1996, the Planning and Zoning Board held a public
hearing regarding the request. There was one member of the public that spoke
in favor of the request, and no one spoke in opposition to the request. After
reviewing the staff report and discussing the proposal, the Board voted 7-0 to
recommend that the request be approved based upon positive findings with
respect to Chapter 3 (Performance Standards), and Section 2.4.5(D)(5)
(Rezoning Findings) of the Land Development Regulations, and policies of the
Comprehensive Plan, subject to conditions listed in the staff report.
By motion, approve the master development plan modification request to the
Laver's North SAD (Special Activities District) based upon positive findings and
conditions as recommended by the Planning and Zoning Board.
Attachments:
El P & Z Staff Report and Documentation of August 19, 1996
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: August 19, 1996 (Postponed from July 15, 1996 Meeting)
AGENDA ITEM: V.A.
ITEM: Modification to the SAD (Special Activities~District) for Laver's North to
Incorporate the Existing Temporary Reception Buildings as part of the
Approved Site Plan of Record.
GENERAL DATA:
Owner/Applicant ............. Gloria Glass, L.P. A Georgia Limited Partnership
c/o Doak Campbell, III
Location .......................... North side of Egret Circle, which is located south of Linton Boulevard,
between S.W. 4th Avenue & S.W. 10th Avenue.
Property Size .............. · .... 5 Acres
Future Land Use Map ..... Medium Density Residential 5-12 du/ac
Current Zoning ............... SAD (Special Activities District)
Proposed Zoning ............ SAD
Adjacent Zoning .... North: GC (General Commercial) & PC (Planned Commercial)
East: CF (Community Facilities) & OSR (Open Space and Recreation)
South: RM (Multiple Family Residential)
West: PC & SAD
Existing Land Use .......... An existing vacant "temporary" sales and reception building, a parking lot,
and vacant land.
Proposed Land Use ........ Modification to the SAD to allow the temporary sales and reception
"btJilding to be a permanent part of the approved site plan of record for the
Laver's North development, to accommodate a tennis school/academy
and a sales office.
Water Service ................. Existing on-site.
Sewer Service ................ Existing on-site.
The action before the Board is that of making a recommendation
on a modification to the Laver's North SAD (Special Activities
District), pursuant to Section 2.4.5(D).
The subject property is located on the north side of Egret Circle,
which is south of Linton Boulevard, between S.W. 4th Avenue and
S.W. 10th Avenue.
Pursuant to Section 4.4.25(C)(1), all SADs are established via an
ordinance processed as a rezoning. Further, pursuant to Section
2.2.2(E), the Loca. I Planning Agency (P & Z Board) shall review and
make recommendations to the City Commission with respect to the
rezoning of any property within the City.
The subject property is a 5 acre portion of the overall 61.91 acre Laver's North
development. On November 25, 1980, the City Commission approved Rezoning
(RM-10 to SAD), Conditional Use and Site Plan approval requests for Laver's
North. The Conditional Use and Site Plan approvals were for a tennis resort
consisting of 610 dwelling units in eleven 5-story buildings, 26 tennis courts,
recreational amenities and resort facilities including meeting rooms, a restaurant
and a lounge. A final plat was approved by the City Commission on May 12,
1981. On August 25, 1981 a modification to the Conditional Use was approved
by the City Commission (via Ordinance No. 57-81) to allow 240 of the 610
dwelling units to be resort dwelling units (time-share units). Two site plan
modifications were processed in 1981 and 1984 which involved additional
access points and relocation of support buildings (maintenance and laundry
buildings) and other minor adjustments.
Between 1981 and 1995, 40.57 acres of the overall 61.91 acre development had
been developed with a total of 318 units (six 5-story buildings), 19 tennis courts,
and a portion of the resort facilities (2 buildings). In 1981, a 4,000 sq.ft.
"temporary" sales complex for the condominiums and time-shares was
constructed on the south side of the Laver's North development, adjacent to
Egret Circle. On May 16, 1995, the City Commission approved a modification to
the Laver's North SAD (via Ordinance No. 21-95) consisting of the following:
El Modifications t~3 the eastern 21.34 acre parcel which included the following:
· Replacing 232 approved units (four proposed 5-story buildings) with
228 units (ten 2 and 3-story buildings) as well as a clubhouse and tot
lot;
· Elimination of 10 existing tennis courts; and,
P & Z Board Staff Report
Laver's North - SAD (Special Activities District) Modification
Page 2
· Elimination of a portion of an existing parking lot (58 existing spaces
and 37 future spaces for the tennis resort function).
Q Modifications to the balance (western 40.57 acres) of the Laver's North
development:
· Addition of two tennis courts;
· Elimination of proposed meeting rooms, restaurant, and lounge which
were part of the proposed tennis resort facilities; and,
· Modifications to the existing parking lot i.e. installation of pavement to
provide internal circulation needed as a result of the elimination of the
existing parking.
At its meeting of June 28, 1995, the Site Plan Review and Appearance Board
approved the site plan for the eastern 21.34 acres known as The Vinings at
Delray Beach, a rental apartment community development by Trammell Crow
Residential. The development is currently under construction with a majority of
the units completed.
The "temporary" sales complex constructed in 1981 was to be removed once the
meeting rooms, restaurant and lounge associated with the tennis club were
constructed. These improvements, however, were eliminated when the SAD
was modified in 1995. The structure was occupied by a tennis academy/school
(International Tennis Resort) and utilized as a sales office associated with the
Laver's North development but is currently vacant. Earlier this year, the building
was vandalized and the restrooms were severely damaged. The applicant
started to repair the facility without proper permits and was issued a violation
notice by the Community Improvement (Building) Department. As the structure
has been represented as a "temporary" structure, and was not indicated on the
master development, a building permit could not be issued without first obtaining
formal approval for the structures. The current proposal is to amend the master
development plan for the Laver's North SAD to make the "temporary" building
permanent, which is now before the Board for action.
'The development proposal is to amend the approved master development plan
of record to make the existing 4,000 sq.ff. "temporary' sales complex building, a
permanent structure'to accommodate a tennis academy (International Tennis
Resort) and sales office associated with the Layer's North development.
The existing pre-fabricated wood frame structure has wood siding and a cedar
shake roof. The building consists of 3 circular pods connected by hallways to a
central reception pod. Associated with the structure is an existing entrance
canopy, drop-off area, and associated parking spaces.
P & Z Board Staff Report
Layer's North - SAD (Special Activities District) Modification
Page 3
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas.
Future Land Use MaD; The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use
designation.
The requested zoning change involves a modification to the Laver~s North SAD
and the associated master development plan. Upon approval, the parcel will
retain the SAD zoning designation yet the approval will be associated with the
requested modified master plan.
The subject property has a Medium Density Residential 5-12 units per acre
Future Land Use Map designation. Pursuant to LDR Section 4.4.25(A), the SAD
zoning is deemed consistent with any land use designation on the Future Land
Use Map, including the underlying Medium Density Residential designation.
Further, the uses allowed within a specific SAD shall be consistent with the land
use category shown on the Future Land Use Map. The original SAD Ordinance
for Layer's North (Ordinance No. 57-81) lists the tennis clinic/school as an
allowable conditional use within the Laver's North SAD. The proposed use is
consistent with the underlying Medium Density Residential land use designation.
Based upon the above, a positive finding can be made with respect to
consistency with the Future Land Use Map designation.
Concurrency: Facilities which are provided by, or through, the City shall
be provided to new development concurrent with issuance of a Certificate
of Occupancy. These facilities shall be provided pursuant to levels of
service established within the Comprehensive Plan.
The purpose of this SAD modification is to make the existing "temporary"
structure, a perm.an.ent structure. The sales offices were to be relocated to the
tennis club complex, once the meeting rooms, restaurant and lounge were
constructed. These structures (totaling approximately 40,000 sq.ft, of floor area)
were indicated on the approved master development at which time positive
findings were made with respect to Concurrency i.e. water, sewer, drainage,
traffic, parks and recreation facilities, and solid waste. VVhile the structures were
eliminated with the SAD modification in 1995, 4,000 sq.ft, of the floor area was
allocated to the existing "temporary" sales office and tennis school building.
P & Z Board Staff Report
Layer's North - SAD (Special Activities District) Modification
Thus, the existing structure is considered vested, and will not have any impacts
with respect to Concurrency.
~onsistel~cy; Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.$(D)(5) (Rezoning Findings) shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
~OMPREHENSIVE PLAN POLICIES
e
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and no applicable objectives and policies were found.
Section 3.3.2 {Standards for Rezonin_u Actions): Standards A, B and C are
not applicable with respect to this rezoning request. The following is the
applicable performance standard of Section 3.3.2:
(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 adjacent properties to the north, east and west are part of the overall
Laver's North SAD and south is zoned RM (Medium Density Residential).
The surrounding land uses adjacent to the property include the following:
The Vinings of Delray multiple family development to the north and east,
the Laver's Resort and Racquet Club Condominium to the west and
Laver's Delray Racquet Club to the south.
The existing I and 2-story 4,000 sq.ft, structure is relatively Iow-scale
compared to the surrounding 3 and 5-story multiple family structures, and
is heavily landscaped. The existing structure has co-existed with the
adjacent residences for many years, and compatibility is not a concern.
However, it is noted the existing parking lot west of the building has not
been well maintained and is in very poor condition. The north portion of
the parking..Iot has been incorporated into the Vinings development. As a
condition of the Vinings site plan approval, the Vinings is responsible for
the reconstruction and landscaping of the parking area affected by this
development, which is primarily the east half of the existing parking lot.
The improvements are required to be completed prior to issuance of a
Certificate of Occupancy for Building 10 (last residential building to be
constructed) of the Vinings. The balance of the parking lot should be
improved as a condition of the SAD modification. Upgrading of the
balance of the parking area involves the installation of landscaping and
P & Z Board Staff Report
Laver's North - SAD (Special Activities District) Modification
Page 5
restriping parking spaces. The improvements should be installed in
conjunction with those to be provided by the Vinings.
Section 2.4.5(D)(5) (Rezoning Findings}:
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of
Section 3.1.t, 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;
c. That the requested zoning is of similar intensity as allowed
under the Future Land Use Map and that it is more a.opropriate
for the property based upon circumstances particular to the
site and/or neighborhood.
The applicant has submitted a justification statement which states the following:
"Item "b" applies to the request. When the original site plan for the
Layer's Development was approved as part of the SAD, there was an
intent to use the reception building only through build-out and a new
clubhouse was to be built. With the subsequent development failures, the
plans for a new club were abandoned, the extra property sold (Trammell
Crow) and the building which was intended to be temporary has now
become necessary in operating the current club and tennis school. The
structure, although named temporary, is built to permanent standards."
~ The "rezoning' is really more of a modification of the existing site
plan and some minor use changes; therefore, these standards aren't entirely
applicable. Item "d' most closely relates as the basis for which the SAD
modification/rezoning should be granted. The proposed structure and proposed
uses have co-existed with the surrounding residences for many years. If the
modification is approved, improvements will be made to the structure to repair
damages and make the property more harmonious with the adjacent residences.
Based upon the above, it is appropriate to approve the SAD modification.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS;
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on the site and development
application/request.
P & Z Board Staff Report
Layer's North - SAD (Special Activities District) Modification
Page 6
Perimeter Setbacks for SADs
Pursuant to Section 4.4.25(D)(1), a minimum setback of 15 feet shall be
established around the perimeter of any property developed under the
SAD designation. VVithin the front and any side street setback, a 15 foot
setback area shall be a landscape setback area and no pavement shall
be allowed therein except for pedestrian ways and driveways which
provide access to the property and which are generally perpendicular to
the abutting street.
Adjacent to the subject area, along Egret Circle, the Laver's North
development provides an 18 foot perimeter landscape setback with the
existing "temporary" building set back 60 feet from the property line, thus
this code requirement has been exceeded.
Parking Requirements
LDR Section 4.6.9(C)(4)(a) states that business and professional offices
must provide 4 spaces per 1,000 sq.ft, of gross floor area, up to 3,000
sq.ft., and LDR Section 4.6.9(C)(6)(e) states that a tennis school must
provide I space for every 5 students.
Based upon the above, 4 spaces are required for the 1,000 sq.ft, office
component and 14 spaces are required for the tennis school with a
maximum anticipated enrollment of 70 students. Thus, a total of 18
parking spaces are required. The reconstructed parking lot to the west
will contain 123 parking spaces with 4 spaces provided in front of the
building along the drop-off driveway for a total of 127 parking spaces
which exceeds the code requirement.
Fire. Safety_. Building Codes
If approval is granted for the existing "temporary" structure to become
"permanent", a building application must be submitted which addresses all
Fire, Safety and Building Codes. Staff has conducted site inspections ahd
have comments regarding the existing deficiencies and appropriate
changes to obtain compliance. These comments have been transmitted
to the applicant and must be addressed with the submittal of a building
permit application.
Site and Landscape Plan Technical Items:
In reviewing the proposed master development plan modification, several
deficiencies were noted. The following deficiencies are items that do not require
specific action of the Board, however, the items must be addressed with the
submittal of revised plans.
P & Z Board Staff Report
Laver's North - SAD (Special Activities District) Modification
Page 7
1. Pursuant to the Florida Handicap Accessibility Requirements Manual, parking
lots containing between 101 and 150 spaces must provide 5 handicap
accessible parking spaces. This will need to be indicated on the
improvement plans for the parking lot.
2. Within the parking tier just west of the Vinings, 13 parking spaces have been
provided where a maximum of 10 are allowed.
3. All dead or weed infested lawn areas surrounding the modular buildings must
be resodded.
4. Complete landscape maintenance is required such weeding, mulching and
fertilizing the shrub b~ds.
Dumpster Enclosure
A dumpster area currently does not exist to accommodate refuse generated by
the school and offices uses. A dumpster area was not previously provided as
the structure was to be "temporary". As the proposal is to make the structure
permanent, it is appropriate to install a dumpster enclosure with screening and
vision obscuring gates. This improvement should be incorporated into the
improvements plans for the west parking lot.
Street Lighting
The street lights along Laver's North Drive and Egret Circle were required as part
of the original SAD approval in 1980. It has been brought to staff's attention that
a majority of the street lights throughout the Laver's North development have not
been regularly illuminated. With the Vinings development new street lights have
been installed and will be properly illuminated. The street lights adjacent to the
Lakeview Apartments (north side of the development) are also illuminated,
however, the balance of the street lights throughout the development are not
regularly maintained or illuminated. The non-illumination of these street lights is
a safety concern as well as a violation of the original SAD approval. The
applicant for the current SAD modification owns the portions of the roadways that
include the street lights that are not illuminated. If the current SAD modification
is approved, it should be with the understanding that the street lights be
illuminated and repaired, if necessary, and that all other aspects of the SAD be
complied with.
P & Z Board Staff Report
Laver's North - SAD (Special Activities District) Modification
Page 8
The rezoning is not in a geographic area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority)
or the HPB (Historic Preservation Board).
Public and Courtesy Notices:
Formal public notice has been provided to property owners within 500 feet radius
of the subject property. In addition, Courtesy notices were provided to the
following homeowner's and neighborhood associations:
[3 Tropic Palms
[3 Town and Country
El Laver's Association
El Progressive Residents of Delray (PROD)
[3 Delray Property Owners
Attached is a letter of objection and a letter expressing concerns with the lack of
street lighting in this area. Any additional letters, if any, will be presented at the
Planning and Zoning Board meeting.
The SAD modification request is to retain the existing structure and indicate the
structure on the master development plan. The modification proposal complies
with the Comprehensive Plan, and Chapter 3 and Section 2.4.5(D), that the SAD
modification is more appropriate given the existing use of the property as a
tennis school and office. Improvements to the existing parking area are
proposed in conjunction with the Vinings development. These improvements will
be an enhancement to the property as well as the surrounding neighborhood.
.:.-::,. ,:f...:.: .- :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ..:.:.:.:.:.:.:.:.:.:.:.:.:. · .:.:.:.:.:. ~....:.:.:.:...:.:.:.:.....:.:.:.:.:.. ~....:....:.:.:.....:.:.:............:..:..:.:..:.>:.:.:...: . ,
A. Continue with direction.
B. Recommend approval of the modification request to the Laver's North
SAD based upon positive findings with respect to Chapter 3 (Performance
Standards)., and Section 2.4.5(D)(5) (Rezoning Findings) of the Land
Development Regulations, and policies of the Comprehensive Plan,
subject to conditions.
C. Recommend denial of the modification request to the Laver's North SAD
based upon a failure to make a positive finding with respect to Chapter
3.3.2 (Compatibility), and that pursuant to Section 2.4.5(D)(5) the rezoning
fails to fulfill at least one of the reasons listed.
P & Z Board Staff Report
Layer's North - SAD (Special Activities District) Modification
Page 9
Recommend to the City Commission approval of the modification request to the
Layer's North SAD (Special Activities District) based upon positive findings with
respect to Chapter 3 (Performance Standards), and Section 2.4.5(D)(5)
(Rezoning Findings) of the Land Development Regulations, and policies of the
Comprehensive Plan, subject to the following conditions:
1. That upgrading of the balance of the parking area be completed in
conjunction with the parking lot upgrades to be installed by the Vinings;
2. The "Site and Landscape Plan Technical Items' identified in this Staff Report
be incorporated into the parking lot improvements plans;
3. That a dumpster enclosure with screening and vision obscuring gates be
provided and incorporated into the improvement plans for the parking lot;
and,
4. That the street lights throughout the Laver's North development be
illuminated.
Attachments:
13 Location Map
13 Site Plan
Report prepared by: Jeff Costello. Senior Planner
ALFSE & MORTON PECHT-r_~
PhotojournaJists
ImECHTER PHO'I'O Phone · 407-272-3252
~ EGRET CIRCLE · SUI'I'E 8502 Fax · 407-272.3266
I~I~I. RAY BEACH, FLA 377.~. 7919 E.Mail · 73517.2.571~::ompuse~ve.com
~ · NPPA * U~nWAT~J~ ~'~O~O~U~'~ Interact * aJe~ep~gat$.ne~
Ii
July lO, 1996
CJI7 of Delray Beach
Plarming & Zoning Board
100 N.W. 1st Avenue '
Delray l~ach, Florida 33444
Gentlemen:
We have received your notification of a request to modify the existing SAD for Lavers North to
incorporate the existing temporary reception buildbtgs as a part of the approved site plan of
record.
We most definitely do object to an3' such modification. We are the owners of 5 apartments at
Lavers. Four of them are within the five hundred foot radius of the Lavers North property.
Three of the apartments are our personal, permanent residence and are in the 500 foot radius
area.
When we bought our apartments, we were informed that the building in question was to be a
temporary sales office until the apartments were sold by the then owner of the property. At such
time the building would be demolished and 3 more tennis courts put on that site.
We have not been happy with the fact that this building has remained in existence this length of
time. It was never constructed to be a permanent structure.
We are most anxious to put ourseIves on record as opposing an3' downzing or changing of the
original plans and hope the Planning Board will acknowledge the rights of the original
purchasers of these apartments and refuse to rcquest such a change.
Very truly yours,
.,'/ (-"S
July 24, 1996
~ D~tZ='U~,t; City of Delray Beerh
100 N. W. 1st Avenue
Delray B~ad~,, FL 33444
Att~fcicn: Mr. Jeff O0stel/o ~: F~F. 96-186-R~CEA
~he file I r~fer to J~ the c~e ~hich c~ a .te~gDrary baildir~ to a pennmmant ooe on ~Fr~t
Circle; at Lav~rs. I am a ~,u,:~-~"fc resid~Yc, living on ~gr~t Circle.
First, let m~ say that I hav~ no objection to t/~e ~ .2pposed plan of the c~T~r of that t~perty
f~r a business such as a ~ estate office,- er similar. I ~-m nct a~inst any successfi2
er~]eavor,, so long as it hurts nothing cr d~% ~s the "atmos~ere" of ~3~ ar~a.
However,- there has been an ong~L~g probl_~n., for }'ears ~ ~ ~.~er and mmnag~r of that
property,, the only ones ~.~o could hav~ r~so!%,~] it, ha%m never held to ~ a~ts or
~u.dses to r~solv~ the p~ubl~n. ~r~, it truly might scr~day r~sult in bodily harm,' or even
death, to people in the ar~a. I belie%~ tPnt now ther~ is a gr~at opportunity, by yuur
pLmm%ing de~rtm~nt,' to resolw this problem. Ln the chance tha% }~u might say one thing has
mothin~ to do with ~other I beg to differ.
that xo~d, or the_ por~ of La%~_rs Cizu!e t~at empties onto .Egret Circle, and to p3t a
cc~m~sion and Delray ~ities must be ~.~r~ that p~rhaps a dozem %~%icles hav~ driven
Circle fear that when sc~mm~e ~lks ~ either ro~ds at ni~ht the cars %~%ich v~ry
definib~ly speed and ~%id~ c~mot ~ossibly see t~_se people w~ll or until they are
pr~ce~y upon then w~_l! absolutely hit. the~.., _~m~.~ or later. ..~, the car~ %~id] driv~
'~p the island",, cn ~gr~t Circle,' %,~]~ e',~ly beccr~ mmr~ tb~n just a heavily d~aged
~l~%~r~; rather than to a]]~w m~re traffic into the ar~a ~th a new business I ask Mr.
(k~-tello ar~ the planning de~ to r~] { ~n that their r~mcmsible posit/nm can help
p~rties by requiring that lights be pu~ on for the described ar~as, ar~ a substanc~ 1/~ht
wel=~e their basiness.
V~"%~ truly
JUL ,°.,3 I,,$
PLANNING & ZOt~iNG
~VER:c ~,~IDA, ~ U~L~Ay
~OVE, ~?ER O
INC~D~TE T~ ~u FOR '
~E$ A~ HE T ~CLy
'~,~T;
~NLY ~. ~MD BF~ DIS.
~END~u~ ~ED HF~er~TIcu.
~N EFFEcT
~ DATE, ~c, AND
~F (~U~ DIST 'r
TRICT. ~,ffilTy F4i 'l~,~ THE~
~ ' ~tDA. ~. UELR~y
-'.E.
~ o
B~;$/O E OF
N OF ~ THE C
J TI~ LORi~ TY
THE ,,.~RY U~~
FARMgR's ~,.~ul~G ,c~cLRAy
~sre~cnoa~. ~ FOe
AN ORDINANCE OF THE CITY COA4-
MISSION OF THE CiTY OF DELRAY
BEACH, FLORIDA, AMENDING SEG
TION 4.&.F, tOFF STREET PARKING
REGULATIONS~, OF THE LAND
VELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH BY
ADDING PARKING LOT DtMENSION
DETAILS, STRIPING DE[TAiLS,
AMENDING GUEST PARKING RE-
~JIR.r:MENTS. AND OTHER MINOR
MODIF)CATIONS TD RELATED SEC-
TIONS; PROVIDING A GENERAL
I~EPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE
OATE.
Iqea~e he advised It~t N a pena~ d~
tides to ap~eat any e~ecP-~e made by
· de C~ C~miss~ w~ respect
any m~e' cemidere~ at ~s hearing,
~:~ per,~q v~ll nee~ a rec~d ~f h~a~
ilzoce~in~, aM for ~is puq~se suci~
~ may need to er~re r~lt il
a~l evide~tce upo~ which 1he a~peal is
to ix ba~ed. The ¢~ ~e~ not provide
er pre, are ~uch rec~"d, P'atsuar~t tt
F~.. 1M.0105.
CITY OF DELRAY BEACH
Ali~ MacGregor Har~
City
The New~
MOTION TO APPROVE ON FIRST READING
DIED FOR LACK OF A SECOND - SEPTEMBER 3, 1996
ORDiNaNCE NO. 34-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DWI.RAY BEACH, FLORIDA, AMENDING THE LAVER' S NORTH
SPECIAL ACTIVITIES DISTRICT (SAD) , AS ESTABLISHED BY
ORDINANCE NO. 65-80, AND AMENDED BY ORDINANCE NO. 21-95,
BY AMENDING THE APPROVED MASTER DEVELOPMENT PLAN OF
RECORD TO FORMALLY INCORPORATE THE TEMPORARY SAT,~.S AND
RECEPTION BUILDING AS A PERMANENT STRUCTURE ON THE SITE
PLAN FOR THE DEVELOPMENT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, an application has been received for a moSification to
the SAD (Special Activities District) established by OrSinance No. 65-80, as
amenSed by Ordinance No. 21-95, to allow the temporary sales and reception
builSing to be made a permanent part of the approved site plan of record for
the Layer's North development, to accommoSate a tennis school/academy; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board held a public hearing and considered the subject matter at its meeting
of August lg, 1996, an8 voted unanimously to recommend that the request be
approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning
and Zoning Board, as Local Planning Agency, has determined that the change
is consistent with and furthers the objectives and policies of the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Master Development Plan for the Laver's North
SAD (Special Activities District) is hereby amended to make the existing
4,000 sq. ft. ' temporary' sales complex building a permanent structure to
accommodate a tennis academy (International Tennis Resort) and sales office
associated with the Layer's North development, as reflected on the approved
site plan of record dated April 28, 1995.
Section 2. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence or word be declared by a
court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
MOTION TO APPROVE ON FIRST READING
DIED FOR LACK OF A SECOND - SEPTEMBER 3, 1996
Section 4. That this ordinance shall become effective immediately
upon passage on second and final reading.
PASSED ANDADOPTED in regular session on second and final reading
on this the day of , 1996.
MAYOR
AT~EST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 34-96
MOTION TO APPROVE ON FIRST READING
DIED FOR LACK OF A SECOND - SEPTEMBER 3, 1996
Z
'M 'S ~ 0
co x,,, iCC)
'~v mot 'M'S
I ~ /
I ~/
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # /~' ~.- REGULAR MEETING OF SEPTEMBER 3, 1996
FIRST READING FOR ORDINANCE NO. 34-96 (LAYER'S NORTH SAD)
DATE: AUGUST 30, 1996
This is first reading for Ordinance No. 34-96 which modifies the Layer's
North Special Activities District (SAD) by amending the master development
plan to formally incorporate the temporary sales and reception building as
a permanent structure on the site. The building in question is located on
the south side of the development, adjacent to Egret Circle. It was built
in 1981 as a temporary sales complex and was to be removed once the meeting
rooms, restaurant and lounge associated with the tennis club were
constructed. These improvements have since been eliminated.
The building had been occupied by a tennis school and used as a sales
office, but is currently vacant. It was vandalized earlier this year and
severely damaged. Repairs were started but were stopped by the Building
Department because no permit had been issued. Since the structure is
technically shown as a temporary building and was not indicated on the
master development plan, a permit cannot be issued without first obtaining
formal approval.
The Planning and Zoning Board reviewed this matter at public hearing on
August 19, 1996, and voted unanimously to recommeo~ that the request be
approved based upon positive findings with respect to Chapter 3
(Performance Standards), and Section 2.4.5(D)(5) (Rezoning Findings) of the
Land Development Regulations, and policies of the Comprehensive Plan, and
subject to the following conditions:
(1) That upgrading of the balance of the parking area be completed in
conjunction with the parking lot upgrades to be installed by The
Vinings;
(2) The "Site and Landscape Plan Technical Items" identified in the staff
report be incorporated into the parking lot improvement plans;
(3) That a dumpster enclosure with screening and vision obscuring gates be
provided and incorporated into the improvement plans for the parking
lot; and
(4) That the street lights throughout the Laver' s North development be
illuminated.
Recommend approval of Ordinance No. 34-96 on first reading, based upon and
subject to the Planning and Zoning Board's recommendation. If passed, a
public hearing will be scheduled for September 17, 1996.
ref:agmemol5 ~O~ ~ ~ OYT~~
TO: DAVID T. HARDE,N, CITY MANAGER
THRU: D DIR
ANDZONING
FROM: - ,~,~/I~EY A. COSTELLO
ENIOR PLANNER
SUBJECT: MEETING OF SEPTEMBER 3, 1996
APPROVAL OF A MODIFICATION TO THE I.,AVER'$ NORTH
SAD (SPECIAL ACTIVITIES DISTRICT), LOCATED ON THE
NORTH SIDE OF EGRET CIRCLE. WHICH IS SOUTH OF
LINTON BOULEVARD, BETWEEN S.W. 4TH AVENUE AND S.W.
10TH AVENUE.
The action requested of the City Commission is that of approval of
an amendment to the SAD (Special Activities District) for Laver's
North, pursuant to LDR Section 2.4.5(D). Because the modification
involves a technical change to the master development plan, it
must be processed as if it were an amendment to the SAD
ordinance.
The subject property is located on the north side of Egret Circle,
which is south of Linton Boulevard, between S.W. 4th Avenue and
S.W. 10th Avenue, within the SAD (Special Activities District) zone
district.
In 1981, a 4,000 sq.ft. "temporary" sales complex for the condominiums and
time-shares was constructed on the south side of the Laver's North
development, adjacent to Egret Circle. The "temporary" sales complex was to be
removed once the meeting rooms, restaurant and lounge associated with the
tennis club were constructed. These improvements, however, were eliminated
City Commission Documentation
Meeting of September 3, 1996
Modification to the Laver's North SAD Master Development Plan
Page 2
when the SAD was modified in 1995. The structure was occupied by a tennis
academy/school (International Tennis Resort) and utilized as a sales office
associated with the Laver's North development but is currently vacant. Earlier
this year, the building was vandalized and the restrooms were severely
damaged. The applicant started to repair the facility without proper permits and
was issued a violation notice by the Community Improvement (Building)
Department. As the structure has been represented as a "temporary" structure,
and was not indicated on the master development, a building permit could not be
issued without first obtaining formal approval for the structures.
The development proposal is to amend the approved master development plan
of record to make the existing 4,000 sq.ft. "temporary" sales complex building, a
permanent structure to accommodate a tennis academy (International Tennis
Resort) and sales office associated with the Laver's North development.
At its meeting of August 19, 1996, the Planning and Zoning Board held a public
hearing regarding the request. There was one member of the public that spoke
in favor of the request, and no one spoke in opposition to the request. After
reviewing the staff report and discussing the proposal, the Board voted 7-0 to
recommend that the request be approved based upon positive findings with
respect to Chapter 3 (Performance Standards), and Section 2.4.5(D)(5)
(Rezoning Findings) of the Land Development Regulations, and policies of the
Comprehensive Plan, subject to conditions listed in the staff report.
By motion, approve the master development plan modification request to the
Laver's North SAD (Special Activities District) based upon positive findings and
conditions as recommended by the Planning and Zoning Board.
Attachments:
Staff Report and Documentation of August 19, 1996
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: August 19, 1996 (Postponed from July 15, 1996 Meeting)
AGENDA ITEM: ¥.A.
ITEM: Modification to the SAD (Special Activiti~s"District) for Laver's North to
Incorporate the Existing Temporary Reception Buildings as part of the
Approved Site Plan of Record.
GENERAL DATA:
Owner/Applicant ............. Gloria Glass, L.P. A Georgia Limited Partnership
cio Doak Campbell, III
Location .......................... North side of Egret Circle, which is located south of Linton Boulevard,
between S.W. 4th Avenue & S.W. 10th Avenue.
Property Size .................. 5 Acres
Future Land Use Map ..... Medium Density Residential 5-12 du/ac
Current Zoning ............... SAD (Special Activities District)
Proposed Zoning ............ SAD
Adjacent Zoning .... North: GC (General Commercial) & PC (Planned Commercial)
East: CF (Community Facilities) & OSR (Open Space and Recreation)
South: RM (Multiple Family Residential)
West: PC & SAD
Existing Land Use .......... An existing vacant "temporary" sales and reception building, a parking lot,
and vacant land.
Proposed Land Use ........ Modification to the SAD to allow the temporary sales and reception
"bdilding to be a permanent part of the approved site plan of record for the
Laver's North development, to accommodate a tennis school/academy
and a sales office.
Water Service ................. Existing on-site.
Sewer Service ................ Existing on-site.
The action before the Board is that of making a recommendation
on a modification to the Laver's North SAD (Special Activities
District), pursuant to Section 2.4.5(D).
The subject property is located on the north side of Egret Circle,
which is south of Linton Boulevard, between S.W. 4th Avenue and
S.W. 10th Avenue.
Pursuant to Section 4.4.25(C)(1), all SADs are established via an
ordinance processed as a rezoning. Further, pursuant to Section
2.2.2(E), the Loca, I Planning Agency (P & Z Board) shall review and
make recommendations to the City Commission with respect to the
rezoning of any property within the City.
The subject property is a 5 acre portion of the overall 61.91 acre Laver's North
development. On November 25, 1980, the City Commission approved Rezoning
(RM-10 to SAD), Conditional Use and Site Plan approval requests for Layer's
North. The Conditional Use and Site Plan approvals were for a tennis resort
consisting of 610 dwelling units in eleven 5-story buildings, 26 tennis courts,
recreational amenities and resort facilities including meeting rooms, a restaurant
and a lounge. A final plat was approved by the City Commission on May 12,
1981. On August 25, 1981 a modification to the Conditional Use was approved
by the City Commission (via Ordinance No. 57-81) to allow 240 of the 610
dwelling units to be resort dwelling units (time-share units). Two site plan
modifications were processed in 1981 and 1984 which involved additional
access points and relocation of support buildings (maintenance and laundry
buildings) and other minor adjustments.
Between 1981 and 1995, 40.57 acres of the overall 61.91 acre development had
been developed with a total of 318 units (six 5-story buildings), 19 tennis courts,
and a portion of the resort facilities (2 buildings). In 1981, a 4,000 sq.ft.
"temporary" sales complex for the condominiums and time-shares was
constructed on the south side of the Laver's North development, adjacent to
Egret Circle. On May 16, 1995, the City Commission approved a modification to
the Laver's North SAD (via Ordinance No. 21-95) consisting of the following:
I:! Modifications t~0 the eastern 21.34 acre parcel which included the following:
· Replacing 232 approved units (four proposed 5-story buildings) with
228 units (ten 2 and 3-story buildings) as well as a clubhouse and tot
lot;
· Elimination of 10 existing tennis courts; and,
P & Z Board Staff Report
Laver's North - SAD (Special Activities District) Modification
Page 2
· Elimination of a portion of an existing parking lot (58 existing spaces
and 37 future spaces for the tennis resort function).
Q Modifications to the balance (western 40.57 acres) of the Laver's North
development:
Addition of two tennis courts;
· Elimination of proposed meeting rooms, restaurant, and lounge which
were part of the proposed tennis resort facilities; and,
· Modifications to the existing parking lot i.e. installation of pavement to
provide internal circulation needed as a result of the elimination of the
existing parking.
At its meeting of June 28, 1995, the Site Plan Review and Appearance Board
approved the site plan for the eastern 21.34 acres known as The Vinings at
Delray Beach, a rental apartment community development by Trammell Crow
Residential. The development is currently under construction with a majority of
the units completed.
The "temporary" sales complex constructed in 1981 was to be removed once the
meeting rooms, restaurant and lounge associated with the tennis club were
constructed. These improvements, however, were eliminated when the SAD
was modified in 1995. The structure was occupied by a tennis academy/school
(International Tennis Resort) and utilized as a sales office associated with the
Laver's North development but is currently vacant. Earlier this year, the building
was vandalized and the restrooms were severely damaged. The applicant
started to repair the facility without proper permits and was issued a violation
notice by the Community Improvement (Building) Department. As the structure
has been represented as a "temporary" structure, and was not indicated on the
master development, a building permit could not be issued without first obtaining
formal approval for the structures. The current proposal is to amend the master
development plan for the Laver's North SAD to make the "temporary" building
permanent, which is now before the Board for action.
The development proposal is to amend the approved master development plan
of record to make the existing 4,000 sq.ft. "temporary" sales complex building, a
permanent structure'to accommodate a tennis academy (International Tennis
Resort) and sales office associated with the Laver's North development.
The existing pre-fabricated wood frame structure has wood siding and a cedar
shake roof. The building consists of 3 circular pods connected by hallways to a
central reception pod. Associated with the structure is an existing entrance
canopy, drop-off area, and associated parking spaces.
P & Z Board Staff Report
Laver's North - SAD (Special Activities District) Modification
Page 3
I T T r T TTT r
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas.
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zonir{g district must be consistent with the land use
designation.
The requested zoning change involves a modification to the Laver's North SAD
and the associated master development plan. Upon approval, the parcel will
retain the SAD zoning designation yet the approval will be associated with the
requested modified master plan.
The subject property has a Medium Density Residential 5-12 units per acre
Future Land Use Map designation. Pursuant to LDR Section 4.4.25(A), the SAD
zoning is deemed consistent with any land use designation on the Future Land
Use Map, including the underlying Medium Density Residential designation.
Further, the uses allowed within a specific SAD shall be consistent with the land
use category shown on the Future Land Use Map. The original SAD Ordinance
for Laver's North (Ordinance No. 57-81) lists the tennis clinic/school as an
allowable conditional use within the Laver's North SAD. The proposed use is
consistent with the underlying Medium Density Residential land use designation.
Based upon the above, a positive finding can be made with respect to
consistency with the Future Land Use Map designation.
Concurrency: Facilities which are provided by, or through, the City shall
be provided to new development concurrent with issuance of a Certificate
of Occupancy. These facilities shall be provided pursuant to levels of
service established within the Comprehensive Plan.
The purpose of this SAD modification is to make the existing "temporary"
structure, a perman.ent structure. The sales offices were to be relocated to the
tennis club complex, once the meeting rooms, restaurant and lounge were
constructed. These structures (totaling approximately 40,000 sq.ft, of floor area)
were indicated on the approved master development at which time positive
findings were made with respect to Concurrency i.e. water, sewer, drainage,
traffic, parks and recreation facilities, and solid waste. While the structures were
eliminated with the SAD modification in 1995, 4,000 sq.ft, of the floor area was
allocated to the existing "temporary" sales office and tennis school building.
P & Z Board Staff Report
Laver's North - SAD (Special Activities District) Modification
Page 4
Thus, the existing structure is considered vested, and will not have any impacts
with respect to Concurrency.
Consistency; Compliance with the performance standards set forth in
Section 3.3.2 (Standards for Rezoning Actions) along with required
findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
COMPREHENSIVE PLAN POLICIES
A review of the objectives and policies of the adopted Comprehensive Plan
was conducted and no applicable objectives and policies were found.
Secf;iQn 3.3.2 (Standards for Rezonin_o Actions): Standards A, B and C are
not applicable with respect to this rezoning request. The following is the
applicable performance standard of Section 3.3.2:
(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 adjacent properties.to the north, east and west are part of the overall
Laver's North SAD and south is zoned RM (Medium Density Residential).
The surrounding land uses adjacent to the properb/include the following:
The Vinings of Delray multiple family development to the north and east,
the Laver's Resort and Racquet Club Condominium to the west and
Laver's Delray Racquet Club to the south.
The existing 1 and 2-story 4,000 sq.ft, structure is relatively Iow-scale
compared to the surrounding 3 and 5-story multiple family structures, and
is heavily landscaped. The existing structure has co-existed with the
adjacent residences for many years, and compatibility is not a concern.
However, it is noted the existing parking lot west of the building has not
been well maintained and is in very poor condition. The north portion of
the parking..Iot has been incorporated into the Vinings development. As a
condition of the Vinings site plan approval, the Vinings is responsible for
the reconstruction and landscaping of the parking area affected by this
development, which is primarily the east half of the existing parking lot.
The improvements are required to be completed prior to issuance of a
Certificate of Occupancy for Building 10 (last residential building to be
constructed) of the Vinings. The balance of the parking lot should be
improved as a condition of the SAD modification. Upgrading of the
balance of the parking area involves the installation of landscaping and
P & Z Board Staff Report
Layer's North - SAD (Special Activities District) Modification
Page 5
restriping parking spaces. The improvements should be installed in
conjunction with those to be provided by the Vinings.
Section 2.4.5(D)(5) (Rezoning Findings):
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:
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;
c. That the requested zoning is of similar intensity as allowed
under the Future Land Use Map and that it is more appropriate
for the property based upon circumstances particular to the
site and/or neighborhood.
The applicant has submitted a justification statement which states the following:
"Item "b" applies to the request. When the original site plan for the
Laver's Development was approved as part of the SAD, there was an
intent to use the reception building only through build-out and a new
clubhouse was to be built. With the subsequent development failures, the
plans for a new club were abandoned, the extra property sold (Trammell
Crow) and the building which was intended to be temporary has now
become necessary in operating the current club and tennis school. The
structure, although named temporary, is built to permanent standards."
Comment: The "rezoning' is really more of a modification of the existing site
plan and some minor use changes; therefore, these standards aren't entirely
applicable. Item "c" most closely relates as the basis for which the SAD
modification/rezoning should be granted. The proposed structure and proposed
uses have co-existed with the surrounding residences for many years. If the
modification is approved, improvements will be made to the structure to repair
damages and make the property more harmonious with the adjacent residences.
Based upon the above, it is appropriate to approve the SAD modification.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on the site and development
application/request.
P & Z Board Staff Report
Laver's North - SAD (Special Activities District) Modification
Page 6
Perimeter Setbacks for SADs
Pursuant to Section 4.4.25(D)(1), a minimum setback of 15 feet shall be
established around the perimeter of any property developed under the
SAD designation. Within the front and any side street setback, a 15 foot
setback area shall be a landscape setback area and no pavement shall
be allowed therein except for pedestrian ways and driveways which
provide access to the property and which are generally perpendicular to
the abutting street.
Adjacent to the subject area, along Egret Circle, the Laver's North
development provides an 18 foot perimeter landscape setback with the
existing '~temporary" building set back 60 feet from the property line, thus
this code requirement has been exceeded.
Parking Requiremerlt~
LDR Section 4.6.9(C)(4)(a) states that business and professional offices
must provide 4 spaces per 1,000 sq.ft, of gross floor area, up to 3,000
sq.ft., and LDR Section 4.6.9(C)(6)(e) states that a tennis school must
provide 1 space for every 5 students.
Based upon the above, 4 spaces are required for the 1,000 sq.ft, office
component and 14 spaces are required for the tennis school with a
maximum anticipated enrollment of 70 students. Thus, a total of 18
parking spaces are required. The reconstructed parking lot to the west
will contain 123 parking spaces with 4 spaces provided in front of the
building along the drop-off driveway for a total of 127 parking spaces
which exceeds the code requirement.
Fire. Safety_. Building Codes
if approval is granted for the existing "temporary" structure to become
"permanent", a building application must be submitted which addresses all
Fire, Safety and Building Codes. Staff has conducted site inspections a~d
have comments regarding the existing deficiencies and appropriate
changes to obtain compliance. These comments have been transmitted
to the applicant and must be addressed with the submittal of a building
permit application.
Site and Landscape Plan Technical Items:
In reviewing the proposed master development plan modification, several
deficiencies were noted. The following deficiencies are items that do not require
specific action of the Board, however, the items must be addressed with the
submittal of revised plans.
P & Z Board Staff Report
Laver's North - SAD (Special Activities District) Modification
Page 7
1. Pursuant to the Florida Handicap Accessibility Requirements Manual, parking
lots containing between 101 and 150 spaces must provide 5 handicap
accessible parking spaces. This will need to be indicated on the
improvement plans for the parking lot.
2. Within the parking tier just west of the Vinings, 13 parking spaces have been
provided where a maximum of 10 are allowed.
3. All dead or weed infested lawn areas surrounding the modular buildings must
be resodded.
4. Complete landscape maintenance is required such weeding, mulching and
fertilizing the shrub b~ds.
Dumpster Enclosure
A dumpster area currently does not exist to accommodate refuse generated by
the school and offices uses. ^ dumpster area was not previously provided as
the structure was to be "temporary". As the proposal is to make the structure
permanent, it is appropriate to install a dumpster enclosure with screening and
vision obscuring gates. This improvement should be incorporated into the
improvements plans for the west parking lot.
Street Lighting
The street lights along Laver's North Drive and Egret Circle were required as part
of the original SAD approval in 1980. It has been brought to staff's attention that
a majority of the street lights throughout the Laver's North development have not
been regularly illuminated. With the Vinings development new street lights have
been installed and will be properly illuminated. The street lights adjacent to the
Lakeview Apartments (north side of the development) are also illuminated,
however, the balance of the street lights throughout the development are not
regularly maintained or illuminated. The non-illumination of these street lights is
a safety concern as well as a violation of the original SAD approval. The
applicant for the current SAD modification owns the portions of the roadways that
include the street lights that are not illuminated. If the current SAD modification
is approved, it should be with the understanding that the street lights be
illuminated and repaired, if necessary, and that all other aspects of the SAD be
complied with.
P & Z Board Staff Report
Laver's North - SAD (Special Activities District) Modification
Page 8
The rezoning is not in a geographic area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority)
or the HPB (Historic Preservation Board).
Public and Courtesy Notices:
Formal public notice has been provided to property owners within 500 feet radius
of the subject property. In addition, Courtesy notices were provided to the
following homeowner's and neighborhood associations:
O Tropic Palms
O Town and Country
I::1 Laver's Association
gl Progressive Residents of Delray (PROD)
gl Delray Property Owners
Attached is a letter of objection and a letter expressing concerns with the lack of
street lighting in this area. Any additional letters, if any, will be presented at the
Planning and Zoning Board meeting.
The SAD modification request is to retain the existing structure and indicate the
structure on the master development plan. The modification proposal complies
with the Comprehensive Plan, and Chapter 3 and Section 2.4.5(D), that the SAD
modification is more appropriate given the existing use of the property as a
tennis school and office. Improvements to the existing parking area are
proposed in conjunction with the Vinings development. These improvements will
be an enhancement to the property as well as the surrounding neighborhood.
A. Continue with direction.
B. Recommend approval of the modification request to the Laver's North
SAD based upon positive findings with respect to Chapter 3 (Performance
Standards)., and Section 2.4.5(D)(5) (Rezoning Findings) of the Land
Development Regulations, and policies of the Comprehensive Plan,
subject to conditions.
C. Recommend denial of the modification request to the Laver's North SAD
based upon a failure to make a positive finding with respect to Chapter
3.3.2 (Compatibility), and that pursuant to Section 2.4.5(D)(5) the rezoning
fails to fulfill at least one of the reasons listed.
P & Z Board Staff Report
Laver's North - SAD (Special Activities District) Modification
Page 9
Recommend to the City Commission approval of the modification request to the
Layer's North SAD (Special Activities District) based upon positive findings with
respect to Chapter 3 (Performance Standards), and Section 2.4.5(D)(5)
(Rezoning Findings) of the Land Development Regulations, and policies of the
Comprehensive Plan, subject to the following conditions:
1. That upgrading of the balance of the parking area be completed in
conjunction with the parking lot upgrades to be installed by the Vinings;
2. The "Site and Landscape Plan Technical Items" identified in this Staff Report
be incorporated into t~e parking lot improvements plans;
3. That a dumpster enclosure with screening and vision obscuring gates be
provided and incorporated into the improvement plans for the parking lot;
and,
4. That the street lights throughout the Laver's North development be
illuminated.
Attachments:
El Location Map
El Site Plan
Report prepared by: Jeff Costello. Senior Planner
Al FS~ & MORTON PECHTF_R
Photo journalists
PECHTER PHOTO Phone · 407-272-3252
~ EGRET CIRCLE · SUITE 8502 Fax · 407-272-3266
DELP, AY BEACH, FLA 3~.~?. 7919 E.k~all · 73517.257@compuserve.corn
~SMP · NPPA - U~O~WAr~ ~'~oro~Y Intemel · alesep~gate.ne~
JUL ~ .~ ~?.o
July I0, 1996
~..: ~ : .... . ~: --~.,x
~ . . .i . --~ '-'. ~I~'
City of Delray Beach
Planning & Zoning Board
100 N.W. 1st Avenue '
Delray Beach, Florida 33444
Gentlemen:
We have received your notification of a request to modif3' the existing SAD for Lavers North to
incorporate the existing temporary reception buildings as a part of the approved site plan of
record.
We most definitely do object to an3' such modification. \Ve are the owners of 5 apartments at
Lavers. Four of them are within the five hundred foot radius of the Lavers North property.
Three of the apartments are our personal, permanent residence and are in the 500 foot radius
area.
When we bought our apartments, we were informed that the building in question was to be a
temporary sales office until the apartments were sold by the then owner of the property. At such
time the building would be demolished and 3 more tennis courts put on that site.
We have not been happy with the fact that this building has remained in existence this length of
time. It was never constructed to be a permanent structure.
We are most anxious to put ourselves on record as opposing an3' downzing or changing of the
original plans and hope the Planning Board will acknowledge the rights of the original
purchasers of these apartments and refuse to request such a change.
Very truly yours,
July 24, 1996
Planning Depox~ment,' City of Delray Beach
100 N. W. 1st Avenue
Delray Beadl,. FL 33444
Attention: Mr. Jeff fbstello KE: FILE 96-186-R~2~OXA
~he file I refer to is the ~ ~hich ~ a ~ ~ildir~ to a pe~m~nant one cn ~-~t
Circle; at Lavers. I am a perra~ent resident, living on Egret Circle.
First, let me say that I hav~ no objection to t2~e ~ .~pps~ed plan of tf~e ~r of that property
for a h~siness such as a real estate offic~_,~ or si '~mJ_!ar. I mm n~t a.c~t any successf%~l
er~]eavor,, so long as it hurts nothing or d~m ~nge~.. t]~ "at~er~" of t]~ area.
F~x~ever,- there has been an orrF3L.~g probl~ for 5'ears ~ the (y~-.~er and manager of that
property,- the only ones %~%o could t~ve re~!%~} it, ha%m never held to ve~] _~] a~ts or
pcu,&ses to resolve the problem. :And, it truly might sc~day re~=ult in bodily harm, or even
death, to ~eople in the area. I belie%~ t~nt ~ there is a gr~at opportunity, by your
planning department,- to resolv~ this ~ubl~. Ln the ch~w:e that ~x~a might say cr~ thing has
nothing to do with ~nother I beg to differ.
Tne problem is that the o~_r of the r~ed, W_~ret Circle, has refused to turn on the lights on
that road, or the ~ortlon of La',.?~ fkL~c!e twat e:.~s onto _Eqret Circle, and to put a
legitimate, large light deflector ar~ lightad a_~ right on the isl~ in FM~et Circle. Your
cc~mission ar~ Delray authorities ~ust be ~...~re that perhaps a dozen %~hicles have driven 'h~p
th~ islar~" over the years,, and even ~r t2~ ba_~rier %'.*xid] %~s placed there 15 years ago ar~
Circle fear that when scmeone %,~LLkS along either roads at niqht th~ cars ~%i~h very
definitely speed ar~ ~ich CZL~r~t p~ssibly see t]~_se p~ople well or until they are
practically upon tb~n w~]] absolutely hit ~d~m.., so~.~_r or later. 2,~, the cars %~xid] drive
'hmp the island",' cn Ek3ret Circle,' :~d_ll e; _~a~..~_!] !y bec~r~ ~ t3k~n just a heavily d~w~ged
car, the latter keing the case most of the ~time. Fir~]]y, the ~ area has to be a "cr~
~herefore; rather than to allow m~re traffic into the area %~t~h a new business I ask Mr.
Costello and the plannir~ depsx~t to r~liz~_ t~t their r~_~nsible position can help all
parties by requiring that lights be put on for t~e described ar~as, ar~ a substanc~a] light
welccme their bus/ness.
WI~D/s WLI li=~m E.
Reply to: Wil!ie,m E. D~vidsc~ ~ ~-';~.?%P?,~[
750 E(Iret Circle, AF~-. 6408 I:. ~'"'-
PLANNING & ZOI~'ING