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Ord 38-06 ORDINANCE NO. 38-06 AN ORDINANCE OF THE CIIT COMMISSION OF THE CIlY OF DELRA Y BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2007-1, 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 EXHIBIT "N' ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2007 -1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Dekay 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 entided "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entided "Comprehensive Plan Amendment 2007-1; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on July 17, 2006, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, after the above referenced public hearings, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2007-1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2007-1 was submitted to and reviewed by the City Commission; and WHEREAS, the City Commission of the City of Dekay Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2007-1 was held by the City Commission on August 1, 2006, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2007-1 was reviewed by the Florida Department of Community Affairs and the Department of Community Affairs issued an ORC (Objections, Recommendations and Comments) Report. Additional documentation and analysis to support Comprehensive Plan Amendment 2007-1 will be transmitted to the Florida Department of Community Affairs; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2007-1 was held on February 6, 2007, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CIlY COMMISSION OF THE CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the 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, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 3. 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 2007- 1, which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. That the document entided "Comprehensive Plan - Dekay Beach, Florida" is hereby amended pursuant to the document entided "Comprehensive Plan Amendment 2007-1. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD. NO. 38-06 Section 7. That the effective date of this ordinance, is upon the date a final order is issued by the Department of Community Affairs (DCA) finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. \ ~ PASSED~ADOPTED in regular session on second and final reading on this the ~dayof H_") ,2007. ATIEST ~o~ tz ~L ~_ ~. ~~:_\ City Clerk Fm' Reading ~ ~'" Second Reading ~ ~ \ ~\ 3 ORD. NO. 38-06 0/<, tJit1 FROM: TO: THRU: SUBJECT: MEETING OF FEBRUARY 6. 2007 - ** PUBLIC HEARING ** ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 2007-1 (07-1). Comprehensive Plan Amendment 2007-1 (fka 2006-1) was approved on first reading on August 1, 2006 and transmitted to the Florida Department of Community Affairs for review. The Amendment included three (3) City initiated Future Land Use Map Amendments, two (2) privately initiated Future Land Use Map Amendments, and six (6) text changes. DCA staff reviewed the transmitted amendment and issued the attached Objections, Recommendations, and Comments (ORC) Report on December 22, 2006. The aRC report contains four objections. Three of these objections deal with concurrency issues related to the FLUM amendments and the addition of residential development within the Congress Avenue Corridor and Depot Road property. The fourth objection requires the addition of a policy related to the Congress Avenue Mixed Use Future Land Use Map Designation. The response to the aRC Report is included in the attached Planning & Zoning Staff Report for January 22, 2007. Several changes to the 2007-1 Amendment are being made prior to adoption. These include the following: . The description of the Congress Avenue Mixed Use designation was modified to reflect provisions of the MROC zoning district, which was adopted by the City Commission on December 5,2006; . The privately initiated FLUM amendment for the former O.C. Taylor dealership property has been withdrawn. This property is now included as part of the City-initiated FLUM amendment for this area of North Federal Highway; . Modification of Future Land Use Element Policy A-2.4, supporting the FLUM amendment for the North Federal Highway area, is now City-initiated, since it was originally part of the former O.C. Taylor dealership property FLUM amendment that has been withdrawn; . A new text amendment, modifying the Five-Year Capital Improvements Schedule, has been added to reflect adoption of the FY2007-FY2011 Capital Improvements Program; . A new text amendment, modifying the General Fund Revenue and Expenditure Five Year Forecast Table, has been added to reflect the current planning period; . A new text amendment, modifying Coastal Management Element Policy C-3.5, has been added to allow nonconforming commercial structures within the Coastal Planning Area, which are destroyed by an act of God, to be rebuilt, pursuant to the recently adopted Ordinance No. 33-06. 10-] City Commission Documentation - Meeting of February 6, 2007 Adoption of Comprehensive Plan Amendment 07-1 Page 2 . The boundaries and acreage for the Depot Road FLUM amendment have been modified to accommodate the relocation of Depot Road. The applicant will dedicate right-of-way for the relocated roadway along the western edge of the property, adjacent to the Railroad. The area within the existing road right-of-way/open space area between the applicant's property and 1-95 will be abandoned. This area is being added to the FLUM amendment, including 1.4 acres with an existing FLUM designation of OS (Open Space). With the property exchange to accommodate the relocated road, the applicant's property will increase to approximately 9 acres in size. . A new text amendment, modifying Future Land Use Element Policy A-1.9, has been added. This is in response to the aRC Report. The 2007-1 amendment now includes one (1) privately initiated Future Land Use Map Amendment, three (3) City initiated Future Land Use Map Amendments, nine (9) City initiated text changes and one (1) privately initiated text change. A brief description of each item is provided below and a full analysis is contained in the attached Comprehensive Plan Amendment and support documents. The Planning and Zoning Board considered the aRC Report and the recommended response at its January 22, 2007 meeting. The Board voted 6-0 (Dowd absent) to recommend that the City Commission adopt Comprehensive Plan Amendment 2007-1 on second and final reading and that the response to the aRC Report be transmitted to the State with the adopted amendment. By motion, approve on second reading, Ordinance No. 38-06, adopting Comprehensive Plan Amendment 07-1, based on positive findings that it supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan, and transmit the adopted Amendment with the response to the aRC Report to the Florida Department of Community Affairs. 1. Text Amendments a. Future Land Use Element - Modification of the description of the Commerce FLUM designation to include provisions for residential development within a designated overlay district, subject to the provision of workforce housing. This text amendment is privately initiated in concert with the Depot Road Property Future Land Use Map Amendment; b. Future Land Use Element - Modification of Mixed Use Categories to add a description for the new "Congress Avenue Mixed Use" designation, including provisions for maximum densities and intensities, workforce housing and a transit-oriented development overlay near the tri-rail station and delete the description for the "Redevelopment Areas" designation; c. Amendment of Table L-7, Land Use Designation/Zoning Matrix, to accommodate the new Congress Avenue Mixed Use designation; City Commission Documentation - Meeting of February 6,2007 Adoption of Comprehensive Plan Amendment 07-1 Page 3 d. Future Land Use Element - Modification of Policy A-7.2 to include the provIsion of workforce housing in the MROC (Mixed Residential Office Commercial) zoning district which encompasses the new Congress Avenue Mixed Use designation. Language has also been added to support a privately initiated text amendment to allow residential development within workforce housing overlay districts in the CMR (Commerce) FLUM designation when a minimum of 25% of the units are workforce housing; e. Future Land Use Element - Modification of Policy A-7.4 to increase the time period for which workforce housing units, constructed under the Family/Workforce Housing Program, shall remain affordable from 30 to 40 years; f. Future Land Use Element - Modification of Policy A-2.4 to reflect elimination of the potential for automobile dealerships between NE 5th Street and George Bush Boulevard. g. Future Land Use Element - Modification of Policy A-1.9 to support the addition of a new mixed-use Future Land Use Map designation and zoning district within the Congress Avenue Corridor. The new designation permits Commercial, Office and Residential Development. Originally, an overlay district was to be created and residential uses were not considered. Provisions for maximum densities and intensities have also been added to the policy; h. Capital Improvement Element - Modify Table CI-CIP (5-Year Capital Improvements Schedule For Projects> $25,000) to reflect adoption of the FY 2007-2011 Capital Improvement Program; i. Capital Improvement Element - Modification of the General Fund Revenue and Expenditure Five Year Forecast Table to reflect the current Planning period; j. Coastal Management Element - Modification of Policy C-3.5 (Reconstruction Necessitated by an Act of God) to allow commercial structures to be rebuilt to pre- disaster use, densities and heights when nonconforming structures within the Coastal Planning Area are destroyed by a natural disaster. Currently, this policy applies only to residential, hotel, motel and resort dwelling unit structures. This text amendment will expand these provisions to include commercial structures. 2. Future Land Use Map Amendments a. Privately initiated Future Land Use Map amendment for approximately 9 acres, located on Depot Road, east of the CSX Railroad from IND (Industrial) and OS (Open Space) to CMR (Commerce). b. City Initiated Future Land Use Map amendment from GC (General Commercial) to CC (Commercial Core) for the North Federal Highway Area and including 700 & 707 NE 6th Avenue (former O.C. Taylor dealership) with a combined total of 21.6 acres, located between NE 4th Street and George Bush Boulevard and extending from the FEC Railroad to approximately % block east of NE 6th Avenue. NOTE: The FLUM amendment for the 3.2 acre property of the former O.C. Taylor dealership was originally privately-initiated. Since the applicant has withdrawn the application, the City has expanded the City-initiated amendment to include this area. c. City initiated Future Land Use Map amendment for approximately 225.5 acres to create a new CMU (Congress Avenue Mixed Use) Land Use designation along the Congress City Commission Documentation - Meeting of February 6,2007 Adoption of Comprehensive Plan Amendment 07-1 Page 4 Avenue corridor, between Atlantic Avenue and the South City limits. The current FLUM designations include CMR (Commerce), TRN (Transitional), GC (General Commercial) and CF (Community Facilities). d. City initiated Future Land Use Map amendment to assign City Future Land Use Map designations concurrently with the annexation of approximately 3.2 acres of property located west of Barwick Road, north of the L-31 Canal. The current County Land Use Map designation is MR-5 (Medium Density Residential, 5 units per acre) and the proposed City designation is MD (Residential Medium Density 5-12 du/ac). Attachments: . Ordinance No. 38-06 . Objections, Comments and Recommendations (aRC) Report . P & Z Board Staff Report (Response to aRC Report) . Comprehensive Plan Amendment 07-1 ORDINANCE NO. 38-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2007-1, 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 EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2007-1" 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 2007-1; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on July 17, 2006, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, after the above referenced public hearings, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2007-1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2007-1 was submitted to and reviewed by the City Commission; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2007-1 was held by the City Commission on August 1,2006, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2007-1 was reviewed by the Florida Department of Community Affairs and the Department of Community Affairs issued an ORC (Objections, Recommendations and Comments) Report. Additional documentation and analysis to support Comprehensive Plan Amendment 2007-1 will be transmitted to the Florida Department of Community Affairs; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2007-1 was held on February 6, 2007, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section I. That the recitations set forth above are incorporated herein. Section 2. 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, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 3. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2007-1, which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2007-1. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, 2 ORD. NO. 38-06 such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That the effective date of this ordinance, is upon the date a final order is issued by the Department of Community Affairs( DCA) finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the _day of ,2007. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 38-06 DEPARTMENT OF COMMUNITY AFFAIRS CITY OF DELRAY BEACH AMENDMENT 07-1 OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT December 22, 2006 Division of Community Planning This report is prepared pursuant to Rule 9J-l1.0160, F.A.C. 1 FO OBJECTIONS, RECOMME PROPOSED COMPREHENSIVE PLAN AM INTRODUCTION The following obj ections, recommendations and comments are based upon the Department's review ofthe City of Delray Beach 07-1 proposed amendment to their comprehensive plan as summarized below pursuant to s. 163.3184, Florida Statutes (F.S.). This report reviews these proposed amendments against the provisions and requirements of Florida's growth management laws and rules. The objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida Administrative Code (F.A.C.), and Chapter 163, F.S.. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one of the external review agencies. Ifthere is a difference between the Department's objection and the external agency advisory objection, concern, or comment, the Department's objection would take precedence. This report is divided into two parts: Consistency with Chapter 163, F.S. and Consistency with the State Comprehensive Plan, Chapter 187, F.S. In the first part we have listed our objections to the proposed amendments, the statutory and rule authority under which we raise these objections, and suggested remedies for the City to consider. We have also provided suggested improvements to the proposed amendment that are stated as comments. The second section of the report outlines the areas in which the proposed amendments are inconsistent with the State Comprehensive Plan. Each of the noted objections must be addressed by the City and corrected when the amendment is resubmitted for our compliance review. Objections that are not addressed may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis items, which the local government considers not applicable to its amendment. If that is the case, a statement justifying its non-applicability pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will make a determination on the non-applicability ofthe requirement, and if the justification is sufficient, the objection will be considered addressed. The comments that follow the objections and recommendations section are advisory in nature. Comments will not form basis of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. I Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form the basis of Departmental objections unless they appear as objections noted in this report. I. CONSISTENCY WITH RULE CHAPTER 9J-5, F.A.C., AND CHAPTER 163, F.S. The Department has the following objections, recommendations and comments related to the proposed comprehensive plan text amendments relative to the requirements of Section 163.3177, Florida Statutes, as well as the general requirements of Chapter 163, Florida Statutes (FS.), and Rule 9J-5, Florida Administrative Code (FA. c.). A. OBJECTIONS. RECOMMENDATIONS. AND COMMENTS TEXT AMENDMENTS Ordinance No. 370: Future Land Use Map (FLUM) Amendments: This ordinance proposes to change the land uses as indicated in the above table for five properties, totaling 360.7 acres. They are the designated (1) the North Federal Highway area, (2) Congress Avenue Corridor, (3) Bexly Park area, (4) Devco Plaza, The Enclave and Breezy Acres areas, and (5) Depot Road property FLUM amendments. 1. ORC Objection: Public Facilities-All five map amendments do not adequately demonstrate through data and analysis what the maximum development potential impacts ofthe proposed amendments would have on public facilities for which the City has adopted a level of service standard. The analysis does not show the ability ofthe City to meet and maintain its adopted level of service standards through the five year planning period particularly for roadways, potable water, and wastewater. Or, how, if any deficiencies are identified, the necessary capital improvements required to maintain adopted levels of service are included in the 5-yr schedule of capital improvements. Thereby, the City has not demonstrated whether the plan remains financially feasible with the change. Regarding County roadways, the City is depending upon the County providing a concurrency analysis later. Doing so does not address or replace the need for a short-term planning analysis regarding the maintenance and achievement ofthe appropriate adopted LOS standards or the demonstration of the fiscal impact of the development and necessary facilities to serve the development. Authority: Section 163.3164(32), 163.3177(1), (2), (3)(a)5 and 6, (3)(b)1 and 2, (5)(a), (6)(a), (c), (e), (f), and G), (8), and (12) and 163.3180(12) and (16), FS., and Rule 9J-5.025, 9J- 5.005(2), (2)(c), 9J-5.0055(2)(c), 9J-5.011(1)(f)2, F.A.C. Recommendation: Include with the amendment sufficient data and analysis to demonstrate the proposed amendment impacts upon public facilities, such as required to provide water, sewerage, and roadways to serve the expected development at adopted levels of service. This should be done for both the short-range and long-range planning horizon and if any deficiencies are noted, the measures to correct the deficiencies should be provided along with the timing and sources of 2 funding to demonstrate financial feasibility as indicated in the objection. If any needed improvements are necessary which are not currently programmed, revisions should be made to the Five- Year Capital Improvements Schedule and Capital Improvements Element accordingly. Congress Avenue Mixed Use property 2. Potential ORC Objection: State Intermodal System (SIS) Facility Impacts-There was no supporting data and analysis demonstrating that the Florida Department of Transportation's (FDOT's) level of service for local SIS facilities, particularly 1-95 and Atlantic Avenue/Congress Avenue SIS connector from 1-95 to the Delray Beach Amtrak/Tri-Rail station entrance, will be maintained through the short-range and long-range planning horizons. Authority: Section 163.3177 6)(j) and 163.3180(10), F.S., and Rule 9J-5.005(2), (2)(a) and (c), 9J-5.005(4), 9J-5.019(3)(a), (b), (f), and (h), F.A.C. Recommendation: Provide supporting documentation that demonstrates that the project impacts from the amendment will be maintained at the FDOT level of service standards for the nearby SIS facilities, including 1-95 and the Amtrak/Tri-Rail connector. Coordinate the City's response with FDOT and include analysis for both planning horizons, the short-range and long- range and should include coordination with FDOT. Text Amendment(s) Future Land Use Element Changes [Ordinance No. 370]: In addition to the FLUM changes proposed above, this ordinance also proposes the following text modifications to the FLUE: (1) Congress Avenue Mixed Use; (2) Table L-7 Land Use Designation/Zoning; (3) Policy A-7.2 on workforce housing in the Mixed Use Residential Office Commercial district; (4) Policy A-7.4 to increase the time period for which workforce housing units from 30 to 40 years; (5) Policy A-2.4 eliminating automobile dealerships usage in between NO 5th Street and George Bush Boulevard; and (6) the Commerce FLUM designation to allow residential development within overlay districts when providing workforce housing. Regarding the text amendments designated as 3) and 6) above, the following objection applies: 1. Potential ORC Objection: Public Facilities-The text amendments regarding workforce housing appear to increase the amount of residential as workforce units without any supporting data and analysis indicating the maximum development potential and the potential impacts to facilities that may be adversely impacted. Similar to Objection 1 above for the FLUM amendments, there was no analysis provided with the amendment demonstrating the ability of the City to meet and maintain its adopted level of service standards through the five year planning period. Authority: Section 163.3164(32), 163.3177(1), (2), (3)(a)5 and 6, (3)(b)1 and 2, (5)(a), (6)(a), (c), (e), (f), and (j), (8), and (12) and 163.3180(12) and (16), F.S., and Rule 9J-5.025, 9J- 5.005(2), (2)(c), 9J-5.0055(2)(c), 9J-5.011(1)(f)2, F.A.C. 3 Recommendation: Include with the amendment sufficient data and analysis to demonstrate the maximum development potential of the proposed amendment impacts upon all public facilities, such as required to provide water, sewerage, and roadways to serve the expected development at adopted levels of service. This should be done for both the short-range and long-range planning horizon and if any deficiencies are noted, the measures to correct the deficiencies should be provided along with the timing and sources of funding to demonstrate financial feasibility as indicated in the objection. If any needed improvements are necessary which are not currently programmed, revisions should be made to the Five-Year Capital Improvements Schedule and Capital Improvements Element accordingly. 2. Potential ORC Objection: Intensity and Density Standards Not in Plan-Text amendments under items (1) and( 2) above regarding the Congress Avenue Mixed Use district and revisions to Table L-7 do not provide appropriate density and intensity standards in the plan by policy. They defer these to the land development regulations (LDRs) and a zoning district that has not been created yet. Authority: Section 163.3177(1) and (6)(a), F.S., and Rule 9J-5.003(24), (31), and (60), 9J- 5.006(1)(c), and (4)(c), F.A.C. Recommendation: Include a policy establishing the new land use district for the Congress Avenue Mixed Use and a revised Table L-7 that includes the types ofland uses that are allowed, the percentage distribution among the mix of uses, and the density and intensity of each use allowed. This should be established by policy and may be carried out in greater detail through appropriate LDRs. II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The proposed FLUM amendment DCA # 07-1 is inconsistent with and does not adequately address or further the goals and policies of the State Comprehensive Plan Chapter 187, Florida Statutes: Goal 15 (a) (Land Use), Policy (b)6. Consider, in land use planning and regulation, the impact of land use on water quality and quantity; the availability of land, water, and other natural resources to meet demands. Goal 19 (a) (Transportation), Policy (b)13. Coordinate transportation improvements with state, local, and regional plans. Policy (b)3. Enhance the livability and character of urban areas through the encouragement of an attractive and functional mix of living, working, shopping, and recreational activities. Recommendation: By addressing the concerns noted in Section I., these inconsistencies with Chapter 187, Florida Statutes, can be addressed. 4 MEETING OF: JANUARY 22, 2007 AGENDA ITEM: VI.A. - CONSIDERATION OF THE ORC (OBJECTIONS, RECOMMENDATIONS AND COMMENTS) REPORT REGARDING COMPREHENSIVE PLAN AMENDMENT 2007-1. The item before the Board is that of forwarding a recommendation to City Commission regarding the response to the Florida Department of Community Affairs (DCA) ORC report for Comprehensive Plan Amendment 2007-1. Comprehensive Plan Amendment 2007-1 (fka 2006-1) was transmitted to the Florida Department of Community Affairs (DCA) for review following a public hearing held by the City Commission on August 1, 2006. This meeting was also the first reading of the Adoption Ordinance (No. 38-06). Several changes to the 2007-1 Amendment are being made prior to adoption. These include the following: . The description of the Congress Avenue Mixed Use designation was modified to reflect provisions of the MROC zoning district, which was adopted by the City Commission on December 5, 2006; . The FLUM amendment for the former O.C. Taylor dealership property has been withdrawn. This property is now included as part of the City-imitated FLUM amendment for this area of North Federal Highway; . Modification of Future Land Use Element Policy A-2.4, supporting the FLUM amendment for the Nortb Federal Highway area, is now City-initiated, since it was ~.. originally part of the former O:C. Taylor dealership property FLUM amendment that has been withdrawn; . A new text amendment, modifying the Five-Year Capital Improvements Schedule, has been added to reflect adoption of the FY2007-FY2011 Capital Improvements Program; . A new text amendment, modifying the General Fund Revenue and Expenditure Five Year Forecast Table, has been added to reflect the current planning period; and . A new text amendment, modifying Coastal Management Element Policy C-3.5, has been added to allow nonconforming commercial structures within the Coastal Planning Area, which are destroyed by an act of God, to be rebuilt. VI. A. P&Z Board Staff Report VIA Consideration of ORC Report 2007-1 Page 2 In addition to the above changes, a new text amendment, modifying Future Land Use Element Policy A-1.9, has been added. This is in response to the aRC Report. It is also noted that the boundaries and acreage for the Depot Road FLUM amendment will be modified prior to adoption. The right-of-way for Depot Road is being relocated adjacent to the Railroad and the area within the existing right-of-way will be included in the amendment. This change is minor in terms of development potential. The 2007-1 amendment now includes one (1) privately initiated Future Land Use Map Amendment, three (3) City initiated Future Land Use Map Amendments, nine (9) City initiated text changes and one (1) privately initiated text change. A brief description of each item is provided below and a full analysis is contained in the attached Comprehensive Plan Amendment and support documents. PRIVATELY INITIATED FUTURE LAND USE MAP AMENDMENT: . Future Land Use Map amendment for approximately 8.8 acres, located on Depot Road, east of the CSX Railroad from IND (Industrial) to CMR (Commerce). CITY INITIATED FUTURE LAND USE MAP AMENDMENTS: . Future Land Use Map amendment from GC (General Commercial) to CC (Commercial Core) for the North Federal Highway Area and including 700 & 707 NE 6th Avenue (former a.c. Taylor dealership) with a combined total of 21.6 acres, located between NE 4th Street and George Bush Boulevard and extending from the FEC Railroad to approximately ~ block east of NE 6th Avenue. NOTE: The FLUM amendment for the 3.2 acre property of the former a.c. Taylor dealership was originally privately-initiated. Since the applicant has withdrawn the application, the City has expanded the city-initiated amendment to include this area. . Future Land Use Map amendment for approximately 225.5 acres to create a new CMU (Congress Avenue Mixed Use) Land Use designation along the Congress Avenue corridor, between Atlantic Avenue and the South City limits. The current FLUM designations include CMR (Commerce), TRN (Transitional), GC (General Commercial) and CF (Community Facilities). . Future Land Use Map amendment to assign City Future Land Use Map designations concurrently with the annexation of approximately 3.2 acres of property located west of Barwick Road, north of the L-31 Canal. The current County Land Use Map designation is MR-5 (Medium Density Residential, 5 units per acre) and the proposed City designation is MD (Residential Medium Density 5-12 du/ac). PRIVATELY INITIATED TEXT AMENDMENT: . Future Land Use Element - Modification of the description of the Commerce FLUM designation to include provisions for residential development within a designated overlay district, subject to the provision of workforce housing. This text amendment is in concert with the Depot Road property Future Land Use Map Amendment. P&Z Board Staff Report VI.A. Consideration of ORC Report 2007-1 Page 3 CITY INITIATED TEXT AMENDMENTS: . Future Land Use Element - Modification of Mixed Use Categories to add a description for the new "Congress Avenue Mixed Use" desig!lation, including provisions for maximum densities and intensities, workforce housing and a transit-oriented development overlay near the tri-rail station and delete the description for the "Redevelopment Areas" designation; . Amendment of Table L-7, Land Use Designation/Zoning Matrix, to accommodate the new Congress Avenue Mixed Use designation; . Future Land Use Element - Modification of Policy A-7.2 to include the provision of workforce housing in the MROC (Mixed Residential Office Commercial) zoning district which encompasses the new Congress Avenue Mixed Use designation. Language has also been added to support a privately initiated text amendment to allow residential development within workforce housing overlay districts in the CMR (Commerce) FLUM designation when a minimum of 25% of the units are workforce housing; . Future Land Use Element - Modification of Policy A-7.4 to increase the time period for which workforce housing units, constructed under the FamilylWorkforce Housing Program, shall remain affordable from 30 to 40 years; . Future Land Use Element - Modification of Policy A-2.4 to reflect elimination of the potential for automobile dealerships between NE 5th Street and George Bush Boulevard. NOTE: This text amendment was originally privately initiated in concert with the O. C. Taylor Dealership Future Land Use Map Amendment; . Future Land Use Element - Modification of Policy A-1.9 to support the addition of a new mixed-use Future Land Use Map designation and zoning district within the Congress Avenue Corridor. The new designation permits Commercial, Office and Residential Development. Originally, an overlay district was to be created and residential uses were not considered. Provisions for maximum densities and intensities have also been added to the policy. . Capital Improvement Element - Modify Table CI-CIP (5-Year Capital Improvements Schedule For Projects> $25,000) to reflect adoption of the FY 2007-2011 Capital Improvement Program. . Capital Improvement Element - Modification of the General Fund Revenue and Expenditure Five Year Forecast Table to reflect the current Planning period. . Coastal Management Element - Modification of Policy C-3.5 (Reconstruction Necessitated by an Act of God) to allow commercial structures to be rebuilt to pre- disaster use, densities and heights when nonconforming structures within the Coastal Planning Area are destroyed by a natural disaster. Currently, this policy applies only to residential, hotel, motel and resort dwelling unit structures. This text amendment will expand these provisions to include commercial structures. P&Z Board Staft Report VIA Consideration of ORC Report 2007-1 Page 4 DCA staff reviewed the transmitted amendment and issued the attached Objections, Recommendations, and Comments (ORC) Report on December 22, 2006. The ORC report contains four objections. Three of these objections deal with currency issues related to the FLUM amendments and the addition of residential development within the Congress Avenue Corridor and Depot Road property. The fourth objection requires the addition of a policy related to the Congress Avenue Mixed Use Designation. The following is a description of the objections and the recommended responses. ORC OBJECTION # 1 "Ordinance No. 370: Future Land Use Map (FLUM) Amendments: This ordinance proposes to change the land uses as indicated in the above table for five properties, totaling 360.7 acres. They are the designated (1) the North Federal Highway area, (2) Congress Avenue Corridor, (3) Bexley Park area, (4) Devco Plaza, The Enclave and Breezy Acres areas, and (5) Depot Road property FLUM amendments. Public Facilities-All five map amendments do not adequately demonstrate through data and analysis what the maximum development potential impacts of the proposed amendments would have on public facilities for which the City has adopted a level of service standard. The analysis does not show the ability of the City to meet and maintain its adopted level of service standards through the five year planning period particularly for roadways, potable water, and wastewater. Or, how, if any deficiencies are identified, the necessary capital improvements required to maintain adopted levels of service are included in the 5-yr schedule of capital improvements. Thereby, the City has not demonstrated whether the plan remains financially feasible with the change. Regarding County roadways, the City is depending upon the County providing a concurrency analysis later. Doing so does not address or replace the need for a short- term planning analysis regarding the maintenance and achievement of the appropriate adopted LOS standards or the demonstration of the fiscal impact of the development and necessary facilities to serve the development." Response: Corrections: The adopting Ordinance, submitted with the transmittal, was Ordinance Number 38-06, not 370, as indicated above. Furthermore, the FLUM amendment for "Devco Plaza, The Enclave and Breezy Acres" area was deleted from the submittal prior to transmittal and is not included with this amendment. It is also noted that the acreage calculation for the North Federal Highway FLUM amendment has been corrected to 21.6 acres. The amendment includes four (4) FLUM amendments totaling 259.1 acres. Traffic studies have been prepared for both the Conqress Avenue Corridor and the De/Jot Road Pro/Jertv FLUM Amendments. The traffic study for the Congress Avenue Corridor indicates that the maximum potential trip generation due to the amendment will decrease. The study for the Depot Road property indicates that the project meets Palm Beach County Traffic Performance Standards with all of the roadway links with 1 % or more project traffic significance meeting LOS Standards. Copies of each of these P&Z Board Staff Report VIA Consideration of ORC Report 2007-1 Page 5 reports will be provided to DCA. As indicated in the staff reports, included in the supporting documents, there are no other public facility currency issues with regard to these two FLUM amendments. A synopsis of the analysis will be provided to DCA with the ORC Response. The maximum development potential for the Bexlev Park Area will increase from 5 units per acre to 12 units per acre with the FLUM amendment. This equates to an additional 22 units. The impact of this number of additional units on public facilities is not significant. An analysis will be provided to DCA with the ORC response. The maximum development for the North Federal Hiahwav Area will remain the same under the proposed FLUM amendment. ORC OBJECTION # 2 "State Intermodal System (515) Facility Impacts-There was no supporting data and analysis demonstrating that the Florida Department of Transportation's (FDOT's) level of service for local SIS facilities, particularly 1-95 and Atlantic A venue/Congress A venue SIS connector from 1-95 to the Delray Beach Amtrak/Tri-Rail station entrance, will be maintained through the short-range and long-range planning horizons. 11 Response: As noted in the response to Objection #1, a traffic study has been prepared that addresses this issue. As indicated in the study, there is a decrease in the maximum trip generation potential due to the proposed FLUM amendment for the Congress Avenue Mixed Use designation. Therefore, traffic operation for the SIS facilities will not be impacted beyond what is currently permitted within the existing FLUM designations. It should be remembered that this study indicates the maximum potential, assuming redevelopment of the entire corridor to maximum intensity. This in no way indicates what will ultimately be approved for the area. Traffic studies are required for all development projects in the City and all projects are required to demonstrate the ability to meet traffic concurrency and comply with Palm Beach County Traffic Performance Standards prior to approval. ORC OBJECTION # 3 "In addition to the FLUM changes proposed above, this ordinance also proposes the following text modifications to the FLUE: (1) Congress Avenue Mixed Use; (2) Table L-7 Land Use Designation/Zoning; (3) Policy A-7.2 on workforce housing in the Mixed Use Residential Office Commercial district; (4) Policy A-7.4 to increase the time period for which workforce housing units from 30 to 40 years; (5) Policy A-2.4 eliminating automobile dealerships usage in between NO 5th Street and George Bush Boulevard; and (6) the Commerce FLUM designation to allow residential development within overlay districts when providing workforce housing. Regarding the text amendments designated as 3) and 6) above, the following objection applies: P&Z Board Staff Report VIA Consideration of ORC Report 2007-1 Page 6 Public Facilities-The text amendments regarding workforce housing appear to increase the amount of residential as workforce units without any supporting data and analysis indicating the maximum development potential and the potential impacts to facilities that may be adversely impacted. Similar to Objection 1 above for the FLUM amendments, there was no analysis provided with the amendment demonstrating the ability of the City to meet and maintain its adopted level of service standards through the five year planning period. 11 Response: This objection concerns the addition of residential development in the Congress Avenue Mixed Use designation and the Commerce designation (Depot Road Property). Residential development is not currently allowed in either of these areas. It is noted that residential development was considered in the traffic studies for both of these areas. See the response to Objection #1. ORC OBJECTION # 3. "Intensity and Density Standards Not in Plan-Text amendments under items (1) and( 2) above regarding the Congress Avenue Mixed Use district and revisions to Table L-7 do not provide appropriate density and intensity standards in the plan by policy. They defer these to the land development regulations (LORs) and a zoning district that has not been created yet. 11 Response: The required information is already contained within the description of the Congress Avenue Mixed Use Future Land Use Designation. However, to meet this requirement, Future Land Use Element Policy A-1.9 has been modified to contain the required information: Policy A-1.9 The City shall create a new Future Land Use designation and zoning district for the Congress Avenue Corridor. The Congress Avenue Mixed Use Future Land Use designation will accommodate a variety of uses including limited commercial, office development and residential uses. The primary function of the district is to attract Class A office development while allowing limited residential development (including workforce housing) and support commercial uses. The designation will allow commercial and office development at a total maximum FAR of 1.0. The commercial uses are limited to 20% of the total floor area of a master development plan. Office uses may comprise one hundred percent (100%) of the total floor area of a master development plan. Residential development, at a maximum density of up to 50 units per acre within 2,500 linear feet of the Tri Rail Station, and 40 units per acre for the balance of the corridor, will be allowed. Residential use may comprise up to 100% of the total floor area of a master development plan within 1,000 feet of the Tri-Rail Station; 80% of the total floor area between 1,001 and 2,500 feet of the Tri-Rail Station; and 75% of the total floor area for the balance of the corridor. The maximum FAR for residential uses is 2.0. Upon establishment of the Congress Avenue Mixed Use (CMU) district, the City shall create a new zoning district that permits this mixed use development. P&Z Board Staff Report VIA Consideration of ORC Report 2007-1 Page 7 CONSISTENCY WITH THE STA TE COMPREHENSIVE PLAN liThe proposed FLUM amendment DCA # 07-1 is inconsistent with and does not adequately address or further the goals and policies of the State Comprehensive Plan Chapter 187, Florida Statutes: Goal 15 (a) (Land Use), Policy (b)6. Consider, in land use planning and regulation, the impact of land use on water quality and quantity; the availability of land, water, and other natural resources to meet demands. Goal 19 (a) (Transportation), Policy (b) 13. Coordinate transportation improvements with state, local, and regional plans. Policy (b) 3. Enhance the livability and character of urban areas through the encouragement of an attractive and functional mix of living, working, shopping, and recreational activities. Recommendation: By addressing the concerns noted in Section I., these inconsistencies with Chapter 187, Florida Statutes, can be addressed." Response: The issues that are inconsistent with the State Comprehensive Plan have been addressed through the above responses to the ORC Report. By motion, recommend that the City Commission approve on second and final reading Comprehensive Plan Amendment 2007-1 and that the response to the ORC Report, contained herein, be transmitted to the State with the adopted amendment. Attachments: . ORC Report . Comprehensive Plan Amendment 2007-1 s:\planning & zoning\longrange\comp\amend 07-1\adoption\2007-1orc.doc CITY OF DELRA Y BEACH, FLORIDA Planning & Zoning Board Transmittal Public Hearing July 17,2006 City Commission Transmittal Public Hearing August 1, 2006 City Commission Adoption Public Hearing February 6, 2007 CITY OF DELRA Y BEACH, FLORIDA - TABLE OF CONTENTS - Page TEXT CHANGES - (CITY INITIATED) 1 Future Land Use Element - Modification of Mixed Use Categories to add a description for the new Congress Avenue Mixed Use FLUM designation and delete the description for the Redevelopment Areas designation 4 Future Land Use Element - Amendment of Table L-7, Land Use Designation/Zoning Matrix, dealing with the new Congress Avenue Mixed Use FLUM designation 4 Future Land Use Element - Policy A-7.2 (Workforce Housing Densities) 5 Future Land Use Element - Policy A-7.4 (Workforce Housing Affordability Time Period) 6 Future Land Use Element - Policy A-2.4 (Automobile Dealerships) 8 Future Land Use Element - Policy A-1.9 (Congress Avenue Corridor) 9 Capital Improvement Element - Amendment of Table CI-CIP, Table CI-CIP (5-Year Capital Improvements Schedule For Projects> $25,000) 9 Capital Improvement Element - Amendment of General Fund Revenue and Expenditure Five Year Forecast Table. 9 Coastal Management Element Necessitated by an Act of God) Policy C-3.5 (Reconstruction TEXT CHANGES - (PRIVATELY INITIATED) 10 Future Land Use Element - Modification of the description of the Commerce FLUM designation. AMENDMENTS TO THE FUTURE LAND USE MAP - (CITY INITIATED) 11 North Federal Highway Area 11 Congress Avenue Corridor 11 Bexley Park Area AMENDMENTS TO THE FUTURE LAND USE MAP - (PRIVATELY INITIATED) 12 Depot Road CITY OF DELRAY BEACH, FLORIDA TEXT CHANGES CITY INITIA TED TEXT CHANGES 1) Location: Future Land Use Element - Pg. FL-44, Modification of the Mixed Use Categories to add a description for the new "Congress Avenue Mixed Use" FLUM designation and delete the description for the "Redevelopment Areas" designation. MIXED USE CATEGORIES: There are two types of mixed use land designations on the Future Land Use Map. Other Mixed Use: There is not a designation for this category. However, such areas are generally noted by the more general boundaries of the land use designations. An example would be the accommodation of a future park site or retention of open space in a development proposal. There are no incentives such as are provided in the L.S.M.U. category. Land which is appropriately developed under an "other mixed use" approach can be processed as a Special Activities District (SAD), through a Planned Development approach (PRD, PCC, etc.), through other specially created mixed use districts such as the Old School Square Historic Arts District (OSSHAD), or through application of individual zoning districts (part RM, part CF, part OS, etc.) with the boundaries of the zoning districts not having to be congruent with the designation of the Future Land Use Map, provided that the Local Planning Agency finds the development to be compatible with adjoining properties. Specially created mixed use districts such as the Old School Square Historic Arts District shall be created through the addition of a zone district to the City's Land Development Regulations. Special Activities Districts zone districts shall be created through the adoption of a zoning ordinance. Such districts and zoning ordinance (SAD's) shall provide specific guidelines for the implementation of this mixed use district, including the land use types allowed, their densities or intensities, the relative proportion (percentage) of each land use type within flexible ranges, and compatibility requirements. Densities and intensities appropriate to each type of land use (residential and nonresidential) must be included. ( 1 ) Existing zoning regulations shall establish the land use types allowed, their intensities and densities, the relative proportion of each land use and compatibility for other mixed use's created through the application of individual zoning districts. However, the specific boundaries of the existing zoning districts need not be adhered to in the development and approval of a site and development plan. Assurance that these items are addressed will be through the standards for site plan actions, Section 3.3.3 of the City's Land Development Regulations. Redevelopment Areas: This designation is applied to those areas which have been identified in the Future Land Use Element as being in need of redevelopment. Development shall occur pursuant to a specific "redevelopment plan" which is to be prepared pursuant to Objective C-2 of the Future Land Use Element. If a development proposal is presented to the City prior to the creation and adoption of a redevelopment plan, that proposal shall be handled in one of the following ways: o the application shall be placed on hold for not more than six months while the redevelopment plan is prepared; o the application shall be processed on a case-by-case basis with the existing zoning map, the Future Land Use Element, and the Housing Element providing the Local Planning Agency with the policy guidance needed to properly dispose of the application. (Note: A description. of each of the redevelopment areas is contained within Objective C-2 of the Future Land Use Element.) Change: REVISION MIXED USE CATEGORIES: There are two types of mixed use land designations on the Future Land Use Map. Conaress Avenue Mixed Use: This desiqnation is applied to properties in the Conqress Avenue Corridor bounded by West Atlantic Avenue on the north. the C- 15 Canal to the south. 1-95 transportation corridor on the east and qenerally Conoress Avenue on the west toqether with the Conqress Park. Conqress Park South. and the Office Depot complex located iust west of Conqress Avenue. The Mixed Use desionation accommodates a variety of uses includinq limited commercial, office development and residential uses. The primary function of the district is to attract Class A office development while allowino limited residential development (includinq workforce housinq) and support commercial uses. Upon establishment of the Conqress Avenue Mixed Use (CMU) district. the City shall create a zoninq district that permits mixed use development. Residential development at a maximum density of up to 50 units per acre within 2.500 linear feet of the Tri Rail Station, and 40 units per acre for the balance of the corridor will be allowed. Residential use may comprise UP to 100% of the total floor area of a master development plan within 1,000 feet of the Tri-Rail Station; 80% of the total ( 2 ) floor area between 1.001 and 2.500 feet of the Tri-Rail Station; and 75% of the total floor area for the balance of the corridor. The maximum FAR for residential uses is 2.0. The mixed use cateaorv will also allow commercial and office development at a maximum FAR of 1.0. The commercial uses are limited to 20% of the total floor area of a master development plan. Other Mixed Use: There is not a designation for this category. However, such areas are generally noted by the more general boundaries of the land use designations. An example would be the accommodation of a future park site or retention of open space in a development proposal. There are no incentives such as are provided in the L.S.M.U. category. Land which is appropriately developed under an "other mixed use" approach can be processed as a Special Activities District (SAD), through a Planned Development approach (PRO, PCC, etc.), through other specially created mixed use districts such as the Old School Square Historic Arts District (OSSHAD), or through application of individual zoning districts (part RM, part CF, part OS, etc.) with the boundaries of the zoning districts not having to be congruent with the designation of the Future Land Use Map, provided that the Local Planning Agency finds the development to be compatible with adjoining properties. Specially created mixed use districts such as the Old School Square Historic Arts District shall be created through the addition of a zone district to the City's Land Development Regulations. Special Activities Districts zone districts shall be created through the adoption of a zoning ordinance. Such districts and zoning ordinance (SAD's) shall provide specific guidelines for the implementation of this mixed use district, including the land use types allowed, their densities or intensities, the relative proportion (percentage) of each land use type within flexible ranges, and compatibility requirements. Densities and intensities appropriate to each type of land use (residential and nonresidential) must be included. Existing zoning regulations shall establish the land use types allowed, their intensities and densities, the relative proportion of each land use and compatibility for other mixed use's created through the application of individual zoning districts. However, the specific boundaries of the existing zoning districts need not be adhered to in the development and approval of a site and development plan. Assurance that these items are addressed will be through the standards for site plan actions, Section 3.3.3 of the City's Land Development Regulations. Rode'.(()lopmont I\:'oas: This designation is applied to those areas which have been identified in the Future Land Uso Element as being in need of redevelopment. Development shall occur pursuant to a specific "redevelopment plan" which is to be prepared pursuant to Objective C 2 of the Future Land Use Element. If a de'lelopment proposal is presented to the City prior to the creation and adoption of a redevelopment plan, that proposal shall be handled in one of the follO'.ving 'l/ays: ( 3 ) a the 3pplic3tion shall be pl3ced on hold for not more th3n six months 'Nhile tho rodevelopment pl3n is prop3rod; a the applic3tion shall be processed on 3 C3se by case b3sis with the existing zoning map, the Futuro L3nd Use Element, 3nd the Housing Element providing the Loc31 PI3nning Agency with the policy guid3nce needed to properly dispose of the applic3tion. (Note: ^ description of e3ch of the redevelopment 3roas is cont3ined within Objective C 2 of the Futuro L3nd Use Element.) Comment: This revision is being made to support the addition of a new mixed-use designation within the Congress Avenue Corridor. The new designation permits Commercial, Office and Residential Development. If residential development is included within a project's development mix, 20% of the units must be Workforce Housing. See Support Document #2 - Congress Avenue Corridor - FLUM Amendment staff report. The Redevelopment Area designation was meant to serve as a holding category until a Redevelopment Plan could be completed and permanent designations assigned. Since the last Redevelopment Plan was completed in 2005 and permanent Future Land Use designations have now been assigned to all six Redevelopment Areas, this designation is no longer needed. 2) Location: Future Land Use Element - Pg. FL-46, Table L-7, Land Use Designation/Zoning Matrix See existing table attached as Support Document #5 Change: REVISION Comment: This revision is being made to add the new "Congress Avenue Mixed Use" designation to the Matrix. The table has also been revised to eliminate the "Redevelopment Areas" FLUM designation and the RT zoning district, both of which no longer exist. See revised table attached as Support Document #6. 3) Location: Future Land Use Element - Pg. FL- 27, Policy A-7.2 (Workforce Housing) Policy A-7.2 Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: . The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. . The SW 10th Street Overlay District shall have a maximum density of 12 units per acre. (4 ) . All other Overlay Districts shall have a maximum density of 18 units per acre. Change: REVISION Policy A-7.2 Workforce Housing Zoninq Districts and/or Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be. as follows: . The MROC (Mixed Residential Office Commercial) zoninq district shall have a maximum density of 40 units per acre except within the Tri-rail Station Overlay where the maximum density is 50 units per acre. . The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. . The 1-95/CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. . The SW 10th Street Overlay District shall have a maximum density of 12 units per acre. . All other Overlay Districts shall have a maximum density of 18 units per acre. Comment: This revision is being made to support the addition of a new mixed- use designation within the Congress Avenue Corridor. A new mixed-use zoning district, MROC (Mixed Residential Office Commercial), is being created to encompass the entire area within this FLUM designation. The MROC zoning district will permit a mix of Commercial, Office and Residential Development. If residential development is included within a project's development mix, a minimum of 20% of the units must be workforce housing. To support transit-oriented development around the Tri-rail station, an overlay area is being created to include properties within 2,500 feet of the station. Residential development within this overlay area will be allowed at allow higher densities than elsewhere within the zoning district. The revised text also includes language to support the privately initiated Depot Road text amendment to create an overlay district within the Commerce FLUM Designation. A maximum of 24 units per acre is being proposed within the 1-95/CSX RR Corridor Overlay District with the requirement that a minimum of 25% of the units must be workforce housing. 4) Location: Future Land Use Element - Pg. FL-26 to 27, Policy A-7.4 (Workforce Housing) Policy A-7.4 All Workforce Housing Units, constructed under the FamilylWorkforce Housing Program, shall remain affordable for a period of no less than thirty (30) years commencing from the date of initial occupancy of the unit. Change: REVISION ( 5) Policy A-7.4 All Workforce Housing Units, constructed under the FamilylWorkforce Housing Program, shall remain affordable for a period of no less than thirty (30) forty (40) years commencing from the date of initial occupancy of the unit. Comment: This revision is being made to reflect modifications made to the FamilylWorkforce Housing Program in April, 2006. 5) location: Future land Use Element - Pg. Fl-26 to 27, Policy A-2.4 (Automobile Dealerships) Policv A-2.4 Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following shall apply: 1) Auto related uses other than gasoline stations, wash establishments, and auto parts sales, shall not be permitted in the area encompassed by the CBD zone district. 2) Automobile dealerships shall not locate and/or expand in the following areas: o Within the CBD zone district; o West side of Southbound Federal Highway between George Bush Boulevard and S.E. 10th Street; o East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; o On properties fronting George Bush Boulevard, east of Federal Highway. However, on the east side of Federal Highway, south of N.E. 6th Street, an existing dealership may expand onto adjacent property which has an auto sales use and which is zoned AC. 3) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95. 4) Automobile dealerships shall be directed to the following areas: o North of George Bush Boulevard, between Federal and Dixie Highways; o East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; o South of Linton Boulevard, between Federal and Dixie Highways; ( 6 ) o Between the one-way pairs (Federal Highway), from S.E. 4th Street to S.E. 10th Street; and from N.E. 5th Street to George Bush Boulevard; o On the north side of Linton Boulevard, between 1-95 and S.W. 10th Avenue, and along Wallace Drive. 5) Auto related uses which involve the servicing and repair of vehicles, other than as part of a full service dealership, shall be directed to industrial/commerce areas. Change: REVISION Policy A-2.4 Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following shall apply: 1) Auto related uses other than gasoline stations, wash establishments, and auto parts sales, shall not be permitted in the area encompassed by the CBD zone district. 2) Automobile dealerships shall not locate and/or expand in the following areas: o Within the CBD zone district; o West side of Southbound Federal Highway between George Bush Boulevard and S.E. 10th Street; o East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; o On properties fronting George Bush Boulevard, east of Federal Highway. HO~l.'ever, on the east side of Fodoral Highway, south of N.E. 6th Street, an oxisting doalorship may expand onto adjacont property which has an auto salos use and ~..:hich is zoned AC. 3) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95. 4) Automobile dealerships shall be directed to the following areas: o North of George Bush Boulevard, between Federal and Dixie Highways; o East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; o South of Linton Boulevard, between Federal and Dixie Highways; ( 7) o Between the one-way pairs (Federal Highway), from S.E. 4th Street to S.E. 10th Street; and from N.E. 5th Stroet to George Bush Boulo'.'ard; o On the north side of Linton Boulevard, between 1-95 and S.W. 10th Avenue, and along Wallace Drive. 5) Auto related uses which involve the servicing and repair of vehicles, other than as part of a full service dealership, shall be directed to industrial/commerce areas. Comment: This reVISion is being made in concert with the proposed FLUM amendment for the North Federal Highway Area. Pursuant to Parts 1 and 2 of this policy, automobile dealerships are not permitted within the CBD zoning district. Since this area is proposed to be rezoned to CBD, the modifications are necessary to eliminate the conflict. 6) location: Future land Use Element - Pg Fl- 23 , Modification of Policy A- 1.9 (Congress Avenue Corridor) Policy A-1.9 The City shall create an overlay district for the Congress Avenue Corridor and the Land Development Regulations shall be modified to facilitate and encourage the development of Class A corporate offices within the district. Change: REVISION Policy A-1.9 The City shall create an overlay a new Future Land Use desiqnation and zoninq district for the Congress Avenue Corridor and the Land Development Regulations shall be modified to facilitate and encourage the development of Class A corporate offices within the district. The Conqress Avenue Mixed Use Future Land Use desiqnation will accommodate a variety of uses includinq limited commercial, office development and residential uses. The primary function of the district is to attract Class A office development while allowinq limited residential development (includinq workforce housinq) and support commercial uses. The desiqnation will allow commercial and office development at a total maximum FAR of 1.0. The commercial uses are limited to 20% of the total floor area of a master development plan. Office uses may comprise one hundred percent (100%) of the total floor area of a master development plan. Residential development. at a maximum density of UP to 50 units per acre within 2.500 linear feet of the Tri Rail Station. and 40 units per acre for the balance of the corridor. will be allowed. Residential use may comprise UP to 100% of the total floor area of a master development plan within 1.000 feet of the Tri-Rail Station: 80% of the total floor area between 1.001 and 2.500 feet of the Tri-Rail Station: and 75% of the total floor area for the balance of the corridor. The maximum FAR for residential uses is 2.0. Upon establishment of the Conqress Avenue Mixed Use (CMU) district. the City shall create a new zoninq district that permits this mixed use development. ( 8) Comment: This revision is being made to support the addition of a new mixed-use designation within the Congress Avenue Corridor. Originally, an overlay district was to be created and residential uses were not considered. The new designation permits Commercial, Office and Residential Development. See Support Document #2 - Congress Avenue Corridor - FLUM Amendment staff report. 7) Location: Capital Improvement Element - Pg. CI-28 to CI-30, Table CI-CIP, Table CI-CIP (5-Year Capital Improvements Schedule For Projects> $25,000) See existing table attached as Support Document #7 Change: REVISION Comment: The City Commission has adopted the Capital Improvement Plan (CIP) for FY2006-07 - FY2010-11. Therefore, the table has been revised to reflect the new CIP. See revised table attached as Support Document #8. 8) Location: Capital Improvement Element - Pg. CI-12, General Fund Revenue and Expenditure Five Year Forecast Table. See existing table attached as Support Document #9 Change: REVISION Comment: The table has been revised to reflect the current planning period. See updated table attached as Support Document #10. 9) Location: Coastal Management Element - Pg CM- 23 , Modification of Policy C-3.5 (Reconstruction Necessitated by an Act of God) Policy C-3.5 Whenever a residential, hotel, motel, or resort dwelling unit structure is destroyed to an extent of greater than 50% of its value by disaster, the structure may be rebuilt to pre-disaster densities and heights if permit applications are submitted within one year following the disaster. Current fire and building codes shall be met; current parking, building setbacks, and landscape requirements shall be complied with as closely as possible. For purposes of this policy, disaster means any non-self imposed catastrophic damage including, but not limited to, fire, flood and storm. Change: REVISION Policy C-3.5 Whenever a commercial. residential, hotel, motel, or resort dwelling unit structure is destroyed to an extent of greater than 50% of its value by disaster, the structure may be rebuilt to pre-disaster use. densities and heights if permit applications are submitted within one year following the disaster. Current fire and ( 9 ) building codes shall be met; current parking, building setbacks, and landscape requirements shall be complied with as closely as possible. For purposes of this policy, disaster means any non-self imposed catastrophic damage including, but not limited to, fire, flood and storm. Comment: Pursuant to the above policy, the reconstruction of nonconforming structures within the Coastal Planning Area destroyed by a natural disaster is limited to residential, hotel, motel and resort dwelling unit structures. This text amendment will expand these provisions to include commercial structures. Given the intensity of the 2004 and 2005 hurricane seasons, the issue of how to deal with the potential for substantial structural damage has come to the forefront. Until recently, the reconstruction of nonconforming commercial structures was excluded from provisions in the Land Development Regulations which make it possible to rebuild nonconforming residential structures which are destroyed by an Act of God. In order to provide a relief mechanism to deal with the potential financial loss to property and business owners, as well as the loss of goods and services available to residents of the City, should a major disaster take place, the Land Development Regulations were amended to expand those provisions to include commercial structures. However, since the LDR amendment was not consistent with the above policy, the change is currently effective only for areas outside of the Coastal Planning Area. The proposed text amendment is necessary so that these provisions can also be applied to properties within the Coastal Planning Area. PRIVA TEL Y INITIA TED TEXT CHANGES 10)location: Future land Use Element - Pg. Fl-43, Description of the Commerce FlUM designation. Commerce: This designation is applied to property which is developed, or is to be developed, in such a manner as to accommodate a mix of industrial, service, and commercial uses. This may be done either through development of existing parcels or through a planned concept. Change: REVISION Commerce: This designation is applied to property which is developed, or is to be developed, in such a manner as to accommodate a mix of industrial, service, and commercial uses. This may be done either through development of existing parcels or through a planned concept. Residential development may also be permitted provided that such development is within a desiqnated workforce housinq overlay district that allows such use and any residential development meets the criteria of the City of Delray Beach Workforce Housinq Ordinance. Areas with this desiqnation. located within a workforce housinq overlay district. may be developed up to a maximum of 24 units per acre. provided at least 25% of the units are workforce housinq units. ( 10) Comment: This text amendment is in concert with the Depot Road Property Future Land Use Map Amendment. The Applicant is proposing a mixed-use development with 52,284 square feet of office area, 49,600 square feet of warehouse, and 250-300 multifamily/rental apartments units on the subject property. Twenty-five percent of the residential units will be workforce housing. Also see Support Document #4 - Depot Road Property - FLUM Amendment and Rezoning staff report. AMENDMENTS TO THE FUTURE LAND USE MAP CITY INITIA TED FUTURE LAND USE MAP AMENDMENTS: . Future Land Use Map amendment from GC (General Commercial) to CC (Commercial Core) for the North Federal Highway Area and including 700 & 707 NE 6th Avenue (former O.C. Taylor dealership) with a combined total of 21.6 acres, located between NE 4th Street and George Bush Boulevard and extending from the FEC Railroad to approximately ~ block east of NE 6th Avenue. NOTE: The FLUM amendment for the 3.2 acre property of the former O.C. Taylor dealership was originally privately-initiated. Since the applicant has withdrawn the application, the City has expanded the city-initiated amendment to include this area. See Support Document #1 - North Federal Highway Area - FLUM Amendment and Rezoning staff report. . Future Land Use Map amendment for approximately 225.5 acres to create a new CMU (Congress Avenue Mixed Use) Land Use designation along the Congress Avenue corridor, between Atlantic Avenue and the South City limits. The current FLUM designations include CMR (Commerce), TRN (Transitional), GC (General Commercial) and CF (Community Facilities). See Support Document #2 - Congress Avenue Corridor - FLUM Amendment staff report. . Future Land Use Map amendment to assign City Future Land Use Map designations concurrently with the annexation of approximately 3.2 acres of property located west of Barwick Road, north of the L-31 Canal. The current County Land Use Map designation is MR-5 (Medium Density Residential, 5 units per acre) and the proposed City designation is MD (Residential Medium Density 5-12 du/ac). See Support Document #3 - Bexley Park Area - Annexation, FLUM Amendment and Rezoning staff report. ( 11 ) PRIVA TEL Y INITIA TED FUTURE LAND USE MAP AMENDMENTS: . Future Land Use Map amendment for approximately 9 acres, located on Depot Road, east of the CSX Railroad from IND (Industrial) and OS (Open Space) to CMR (Commerce). See Support Document #4 - Depot Road Property - FLUM Amendment and Rezoning staff report. s:\planning & zoning\longrange\comp\amend 07-1\adoption\07-1 maindoc city commission xmit.doc ( 12 ) CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #1 North Federal Highway Area, including O. C. Taylor FLUM Amendment & Rezoning Staff Report SD#1 ~o] ~~ .:,.'t' ---1 ft &..:f - tJ~ ~ o~ - ~ ---j ~<V" fi- c$' L ""---1 - 1- - ~ - N_ _ --, - N.E. 5TH CT. ---1 ~-1 <,- ~l; i---- f-- <i tJ'-- ::! -(ill f-- f-- r-- f-- N.E. - - - N.E. - - - . . - - N.E. - - - ~ Ji",. ~ q~ ~ - ". v <<~ZJ - N 5n - - .., -z- ~ <( --. 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ST. -~ _::I: - ...J < II:: l&.I ~ .-- ~- - '" ..... j!:- IX) - 71'f~ W ...J Z <( Q.I-----< 3RD ~ CITY or DELRA Y BEACH, FL PLANNING '" ZONING DEPARTt.lENT Im!PROPOSED FUTURE LAND USE MAP DESIGNATION: CC (COMMERCIAL CORE) -- DIGITAL BASE MAP SYSTEM -- MAP REF: Uol951F -lj --I N.E. ~ i L ~ - - - - N.E. f-- f-- f-- N.E. - - - - N. . - - N.E. - - - f-- ~- v"' ,":!: - q'" ft LI < ~7 ~ - 0 z "'- N.E. 5TH - v...... ~tJ - ,<f.) N 'iTl - - w -z- ~ <C -. - - --J ~~ .,' f- ~~ - - - --I h. : ~ &.: ---j ~I TH 11TH r '" ... .,1 10TH ~'" ~'t' S Q)cSi - - - - - _I~I -- - === - === -----, N - CITY OF OELRA Y BEACH. f'L PLANNING '" ZONING OEPARTMENT -- OIGITAL B4SE MAP SYSTEM.-- ~~I ' II / H ~ENDlIJ' - I ===( ~ /~ Bill #'1 ~ I ~ rn~ "'" .^' ~ o~ ,,~I k!/~OJJ=~ =~~J ~~ ~01 .J fiE ITrr 7/ ST. 9 I:B l 1-----1 _ McKEE LN. I 1=---1 t G'" ~ -~ I ~ ~lU~ ~ -<_~:. ~~~ EI ~i!tl] ST. VINCENT'S CHURCH CF '- ST. - GC - =-- f--- ~ ~ O[ffill2J,ST' U--j - ~I I 5 S~ ST. ~ ,.,. :I: .-- ~- - -' _<C j!:- ~ OJ _ -~ _:I: - I T ...J < IS ~ - - - -:J. ffi ~ In::>. u.i __ ...J Z <C a. ----, 3RD -4 PROPOSED FUTURE LAND USE MAP NORTH FEDERAL HIGHWAY AREA m PROPOSED FUTURE LAND USE MAP DESIGNATION: CC ( COMMERCiAl CORE) ~ 'rfRN, I ~fA DELRA Y WEDGE - WOOD CONDO MD . . >- '<:( s IG 0:: lJJ I- '<:( s rl? -l '<:( I- [0 C/) '<:( 0 , () 1== '<:( 0:: J_ - I- 2 - = , \ I I "!; ...J '" X- c;: z I IAAP REf': UA951G PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- July 17, 2006 IV.B.2.a Privately And City Initiated Future Land Use Map (FLUM) Amendment From GC (General Commercial) To CC (Commercial Core) And Rezoning From AC (Automotive Commercial) In Part And GC (General Commercial) In Part To CBD (Central Business District) For Property Generally Located Between NE 4th Street And George Bush Boulevard And Extending From The FEC Railroad To Approximately % Block East Of NE 6th Avenue. MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Applicant................................... New Urban Communities & City of Delray Beach Location...................................... Between N E 4th Street And George Bush Boulevard And Extending From The FEC Railroad To Approximately ~ Block East Of NE 6th Avenue. Property Size.............................. 23.20 Acres Future Land Use Map................ GC (General Commercial) Proposed FLUM........................ CC (Commercial Core) Current Zoning............................ GC (General Commercial) & AC (Automotive Commercial) Proposed Zoning........................ CBD (Central Business District) Adjacent Zoning................North: GC (General Commercial) East: RM (Multiple Family Residential - Medium Density) & CF (Community Facilities) . South: CBD West: RO (Residential Office) Existing Land Use...................... Commercial/Office/Auto- mobile Repair and Sales Proposed Land Use.................... A Development Proposal Has Not Been Submitted. Water Service........... ........ ..... ..... Existing. Sewer Service............................. Existi ng. I stEll Ir I ~ ----4 I~ ~ --J - ~ilJ --,- - - ~ ~~l, - j;1 N.E. 7 ~ ~ L- - - -2!:. - 1!J= AC A - , AY === ~~ =- H - ~o - ~~= - "'- ----1 - - - ~ - - - ~g - PUBLlX ~ -"- - - ~:I!t i-- f--- - WAL- e--- "'Em i-- i-- '-- . . '- c-- I ~ ~ -~ - r-- %: c-- r-- T ~i ;c! - ,-- ~ - f= - i== r=== - 1= - J L-.., m J..W I g --I ::n:r/= ::rm 1'1 ~ =~ =lIT' - - =-- - Iii i== 1= f-- I-- '" L-.., 2ND Ir- I~Elr [ II """"""T I II nlllr-'ll IV.B.2.a The action before the Board is that of making a recommendation to the City Commission on a privately and City initiated Future Land Use Map (FLUM) Amendment from GC (General Commercial) to CC (Commercial Core) and rezoning from AC (Automotive Commercial) in part and GC (General Commercial) in part to CBD (Central Business District) for property generally located between NE 4th Street and George Bush Boulevard and extending from the FEC Railroad to approximately % block east of NE 6th Avenue. 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 and Rezoning Amendments for any property within the City. The properties (see attached location map) associated with the privately and city initiated FLUM and rezoning have a mixture of business and professional offices, retail, automotive sales, and automotive repair uses and consist of 23.20 acres. The applicant for the privately initiated portion proposes to redevelop the existing site of an auto dealership. The City initiated portion of this action is to extend the area under consideration to be contiguous with the CBD district 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) as part of Comprehensive Plan Amendment 2006-01. 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. The City has not received a development proposal for either the privately or City initiated portions of the area. Therefore, compliance with the Future Land Use Map will need to be considered on a case-by-case basis when individual development proposals Planning and Zoning Board Staff Report Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway Page 2 are submitted within this area. It is noted that the applicant has indicated that a mixed- use project is being considered for the O.C. Taylor property that will consist of 30,000 square feet of commercial floor area and 95 residential units on the 3.1885 acre parcel. This development would have a density of 30 dwelling units per acre, which is considered an allowed use in the CBO zoning district. The remaining required findings of LOR 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: o 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 subject property is located within the North Federal Highway Corridor, which is designated as a blighted area per the Comprehensive Plan. Pursuant to the Comprehensive Plan these areas shall receive special attention and assistance with renewal. The North Federal Highway Redevelopment Plan indicates that the areas south of George Bush Boulevard should be evaluated for a FLUM change to Commercial Core and zoning change to CBO. The proposed FLUM amendment will fulfill Future Land Use Element Policy C-1.4, stated as follows: Future Land Use Element Policv C-1.4 - (in summary) ...the North Federal Highway Corridor is identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by the City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LOR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The following are the objectives of the Plan: . Improve the visual appearance of the corridor; . Reduce and eliminate marginal and inappropriate land uses; Planning and Zoning Board Staff Report Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway Page 3 . Direct smaller business operations to more concentrated areas; . Provide economic stimulation and investment in the area; . Creation of jobs; . Stabilize and preserve the residential neighborhoods through new development, beautification, redevelopment, and the elimination of blight; . Eliminate slum and blight through acquisition of properties. The applicant of the privately initiated FLUM and rezoning has submitted the following narrative in support of the proposed changes: "The adopted North Federal Highway Redevelopment Plan states the following with regard to the Future Land Use and Zoning of the area, between N.E. 4th Street and George Bush Boulevard: "that the City will continue to study the feasibility of changing the existing commercial areas south of George Bush Boulevard, except existing auto dealerships, from General Commercial to Commercial Core. As the downtown area grows and develops, greater areas may be incorporated into the CBD. Given its proximity to the downtown core, this area is a prime location for future redevelopment projects. " With regard to the above exclusion of the auto dealerships, while the City recognized the appropriateness of rezoning the area to CBD, it did not want to create additional nonconforming situations which would ultimately contribute to the blight in the area, as the ability to upgrade and enhance the properties would be significantly limited. This would have occurred if the dealerships, zoned AC (Automotive Commercial), were rezoned to CBD (Central Business District), as automotive sales and/or repairs are not allowed within the CBD. However, it was not intended to prohibit privately-initiated rezoning of the dealership properties. It is also noted the existing dealership will be relocating from the site next year and many dealerships have been transitioning from the Federal Highway corridor to the 1-95 corridor. While the downtown area and the area north of George Bush Boulevard have seen investment and redevelopment activity, the area south of George Bush Boulevard has languished. The proposed Future Land Use Map amendment and rezoning will enable the redevelopment of the existing automotive dealership to accommodate a mixed-use project in an area that has been identified for expansion of the City's Central Business District and serves as the gateway to downtown Delray Beach. The proposal will provide economic stimulation and investment in the area and result in the redevelopment of blighted properties. The proposed development will assist in the stabilization of the surrounding neighborhood and should be an inducement to further redevelopment of this section of Federal Highway, which has seen limited redevelopment activity. Thus, the proposal is consistent with the objectives of the North Federal Highway Redevelopment Plan." The Planning Department has begun collecting and analyzing data as it pertains to the area in question as directed. This area contains a concentration of automobile related uses including full-service automotive dealerships, small free-standing paint, body and repair shops, and surface parking with little or no landscaping. Many of the auto related uses are nonconforming with respect to the use itself and/or development regulations. These uses have a blighting influence on the area and over the years have been a deterrent to revitalization and redevelopment in this area. Since the Walgreen's was Planning and Zoning Board Staff Report Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway Page 4 constructed in 1991, the only other redevelopment activity to occur has been the Publix complex (completed in 2001). As this area serves as the gateway to the downtown, special attention to this area is needed. The proposed FLUM amendment and rezoning will facilitate the elimination of the inappropriate land uses and expedite redevelopment. Since this Comprehensive Plan policy is furthered by the proposed FLUM amendment, a positive finding can be made with respect to fulfilling a demonstrated need. o 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 as it relates to Future Land Use Element Policy C- 1.4. In addition to the above, the proposed amendment is consistent with following applicable Goals, Objectives and Policies of the adopted Comprehensive Plan: Future Land Use Element Obiective A-2 To reduce, and eventually eliminate, uses which are inconsistent with the character of the City of Delray Beach, or which are inconsistent with predominant adjacent land uses, and to ensure compatibility of future development.... The proposed designation will promote the elimination of the existing auto dealership and redevelopment of the properties which will be consistent with and complementary to existing and future development envisioned for the area. Future Land Use Element Policy A-1.2 - Zoning changes which would result in strip commercial development shall be avoided. Where strip commercial 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 proposed rezoning to CBO will encourage the development of mixed use and residential projects by increasing the allowed density. Housing Element Policv 8-2.6 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, N. Federal Highway, and Lindell/Federal Highway area (formally Redevelopment area #6) is discouraged. The proposed FLUM amendment will facilitate redevelopment to accommodate housing in close proximity to employment opportunities and services in the downtown and along North Federal Highway. o Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Planning and Zoning Board Staff Report Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway Page 5 The non-residential development potential of the subject properties are essentially the same under both the GC and CC FLUM designations. The proposed zoning change to CBD will result in a slight reduction in the intensity of development versus the GC zoning district given the more restrictive setback requirement. City facilities such as water, sewer, and drainage have sufficient capacity to accommodate development of this area at the potential development intensity allowed under the proposed CC FLUM designation. Similarly, solid waste can be accommodated by existing County facilities. With regard to traffic, trips generated under both the existing GC and proposed CC FLUM designations will accommodate the same intensity. The residential density increase from 12 units per acre to a maximum of 30 units per acre is exempt from Palm Beach County Traffic Performance Standards Ordinance, given the properties are located east of 1-95. The Open Space and Recreation Element of the Comprehensive Plan states 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 individual projects 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 residential unit. The School Concurrency Application and Service Provider Form has been transmitted to the School District of Palm Beach County. No problems are anticipated with obtaining a finding of concurrency from the School District. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. o Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The requested CC FLUM designation will be compatible with existing and future land uses of the surrounding area and is an extension of the existing downtown designations along the North Federal Highway corridor as was directed by the Comprehensive Plan and the North Federal Highway Redevelopment Plan. As previously stated the FLUM amendment and rezoning for these properties generally involve the change in zoning from one commercial zoning designation to another with the same commercial development potential. The additional residential density will provide an incentive for redevelopment and ultimate revitalization of this area. The proposal does not expand the commercial boundaries from those that currently exist. Based upon the above, the proposed FLUM amendment and Rezoning to CBD are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. o Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Planning and Zoning Board Staff Report Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway Page 6 As noted previously, a development proposal has not been submitted with the proposed FlUM and rezoning request. Future redevelopment of the land will occur in accordance with the City's land Development Regulations during the site plan review process. Given the above, a positive finding with respect to compliance with the land Development Regulations can be made. 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 3.2.2 (Standards for Rezoning 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 proposed rezoning from GC to CBD would not create a situation that would dictate the development of strip commercial development. The Downtown Design Guidelines that apply to the CBD zoning district prevent the development of strip commercial development by requiring that buildings be located toward the front of a property and that parking areas would be located behind the buildings. (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. Planning and Zoning Board Staff Report Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway Page 7 The following zoning designations and uses border the area: Direction ZoninQ Uses North West South East GC RO (Residential Office) CaD RM & CF Parking lot (under construction) Residential and offices Offices and retail Residential & Commercial The proposed rezoning is compatible with the adjacent land uses and consistent with the development pattern along Federal Highway. Further, the caD zoning district contains development regulations that address the compatibility with less intensive zoning districts. Section 2.4.5(0)(5) (RezoninQ FindinQs): Pursuant to Section 2.4.5(0)(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: 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. As noted previously, the proposed modifications were suggested in the Comprehensive Plan and North Federal Highway Redevelopment Plan. This area was designated as a blighted area. The GC zoning district is of similar intensity as the CaD with respect to commercial development. The increase in the residential density will encourage redevelopment within the area and the revitalization of North Federal Highway. However, the GC zoning designation has not been of sufficient density to stimulate the desired redevelopment of this area. Therefore, a finding can be made the rezoning fulfills subsections "b" and "c." 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 Land Development Regulations will be reviewed when a development is submitted. There are no problems anticipated with the ability to comply with development standards regulations. Planning and Zoning Board Staff Report Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway Page 8 The property is not in an area that requires review by the DDA (Downtown Development Authority). Community Redevelopment Aaency (CRA): The CRA reviewed the FLUM amendment and Zoning Map change at its meeting of July 13, 2006 and recommended approval. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: . Neighborhood Advisory Council . La Hacienda . Progressive Residents Of Delray Palm Trail Presidents Council The proposed amendments were anticipated by the Comprehensive Plan and North Federal Highway Redevelopment Plan in order to stimulate redevelopment of this blighted area. The proposed amendments will change the designations from one commercial designation to another commercial designation. The increased intensity of the residential density can be accommodated by the existing infrastructure. 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), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). Therefore, the proposed FLUM amendment and Rezoning can be recommended for approval based on the findings outlined in this report. A. Postpone with direction. B. Recommend to the City Commission approval of the FLUM Amendment and Rezoning for the subject properties, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Future Land Use Element Policy A-1.7 of the Comprehensive Planning and Zoning Board Staff Report Privately and City Initiated FLUM Amendment and Rezoning - North Federal Highway Page 9 Plan (FLUM Amendment Findings), LOR Section 2.4.5.(0)(5) (Rezoning Findings), LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan; or C. Recommend denial of the FLUM Amendment and Rezoning by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LOR Section 2.4.5(0)(5) (Rezoning Findings), LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards for Rezoning Actions) and the Goals, Objective, and Policies of the Comprehensive Plan. Recommend to the City Commission approval of the proposed FLUM Amendment from GC (General Commercial) to CC (Commercial Core), and the Rezoning from GC (General Commercial) and AC (Automotive Commercial) to CBO (Central Business District), for properties located between NE 4th Street and George Bush Boulevard and extending from the FEC Railroad to approximately % block east of NE 6th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LOR Section 2.4.5.(0)(5) (Rezoning Findings), LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan. Attachments: . Proposed Future Land Use Map . Zoning Map . Location Map Report prepared by: Scott Paoe. Senior Planner ST. 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Fl PLANNING &: ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: Lt.l952A PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- July 17, 2006 IV.B.2.b. A City initiated Future Land Use Map (FLUM) Amendment from CMR (Commerce), TRN (Transitional), CF (Community Facilities) and GC (General Commercial) to CMU (Congress Avenue Mixed Use) for properties generally located south of West Atlantic Avenue between Congress Avenue and 1-95 south to the City limits including Office Depot, Congress Park, and Congress Park South made up of 63 parcels totaling 225.50 acres. MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Ownerl Applicant......................... Agent... .. .. ..... .. ... ........ .. . . ... ... .... .. . Location..................................... . Property Size.............................. Existing Future Land Use Map Designations. . .. ... . .. . .. . .. . .. . ...... City of Delray Beach City of Delray Beach Between Congress Avenue and 1-95 south to the City Limits including the Office Depot, Congress Park, and Congress Park south sites. 225.50 aces, CM R( Commerce), TRN(Transition al) CF(Community Facilities), and GC (General Commercial) Proposed City Future Land Use Map CMU (Congress Avenue Mixed Designation.... ..... ........ ........ Use) Existing City Zoning............... Proposed City Zoning................. Adjacent Zoning................North: East: South: West: Existing Land Use...................... Proposed Land Use.................... Water Service...... ..... ... .... .., ........ Sewer Service............................. MIC (Mixed Industrial and Commercial) CF (Community Facilities) , PC (Planned Commercial) , PCC (Planned Commerce Center) and POC (Planned Office Center) No Change at this time City MIC (Mixed Industrial and Commercial) and GC (General Commercial) CD(Conservation District and 1-95 Boca - Mixed Use District OSR (Open Space and Recreational), OS (Open Space) and RM (Residential Medium Density) and R-1A ( Highlands Subdivision) Office and Commercial corridor. Mixed use including office, commercial and residential. Water service is available from various mains in the corridor Sewer service is available from various mains in the corridor IV.B.2.b. The action before the Board is that of making a recommendation to the City Commission on the following Future Land Use Map Amendments from CMR (Commerce), TRN (Transitional) CF (Community Facilities) and GC (General Commercial) to CMU (Congress Avenue Mixed Use district) for properties generally located south of West Atlantic Avenue between Congress Avenue and 1-95 south to the City Limits including the Office Depot, Congress Park, and Congress Park South office complexes. The Future Land Use Map Amendments involve 63 parcels totaling approximately 225.50 acres. 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 of any property within the City. The proposal involves 63 parcels, which are located within the Congress Avenue corridor development area. Some of the lots are vacant while others contain general office uses, governmental office uses, industrial type uses, and commercial uses. A City-initiated Comprehensive Plan amendment establishing the Congress Avenue Mixed Use Land Use category is being processed concurrently. The amendment creates the new mixed use land use category which encourages mixed use, and identifies and establishes maximum thresholds for each type of use. The primary function of the category is to attract Class A office development and to that end 100% of the site designated mixed use can be developed with office and research and development type uses. General retail uses including direct support services and other retail uses would be limited to 25% of the overall building square footage. Multifamily development up to a maximum density of 40 units per acre, and 50 units per acre within 2500 feet of the Tri Rail station are proposed. These would be limited to a maximum of 70% and 75% of building square footage respectfully. A minimum of 20% of these residential units are to be workforce housing units, are to moderately priced units, and are subject to LDR Section 4.7.. Buildings heights of a maximum of 85 feet in height are allowed. All floors above 60 feet are required to have facades offset and varied. This mixed use Future Land Use Map designation is being applied to properties bounded by West Atlantic Avenue on the north, the C-15 canal to the south, 1-95 transportation corridor on the east and generally Congress Avenue on the west together with the Congress Park, Congress Park South and the Office Depot complexes, located just west of Congress Avenue. Concurrently a mixed use zoning category is being created and will be applied to the properties in the upcoming months. 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) as part of the City's Comprehensive Plan Amendment 2006-01. Planning and Zoning Board Staff Report - July 17, 2006 Congress Avenue Properties - CMU FLUM Amendment 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. A new zoning district is being created which will be consistent with the mixed use category as well as policies of the Comprehensive Plan which call for the creation of an overlay district for the Congress Avenue Corridor to facilitate and encourage development of Class A Corporate office space. The amendments also implement Comprehensive Plan Land Use Element and Housing Element policies which encourage provision of diverse housing opportunities i.e. workforce housing. and transit orientated housing through innovative development practices. The amendments also implement the adopted Florida Public Officials Design Institutes report recommendations to establish a corridor overlay district to encourage mixed use development with commercial or office on the ground floor and residential above utilizing new urbanism design elements. The proposed FLUM amendment will assign a Future Land Use Map designation of CMU (Congress Avenue Mixed Use) to properties in the corridor. A proposed new zoning district MROC (Mixed Residential, Office and Commercial) District will be created consistent with the CMU land use designation. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. 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: o 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 2 Planning and Zoning Board Staff Report - July 17, 2006 Congress Avenue Properties - CMU FLUM Amendment intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. This amendment furthers the polices in the Comprehensive Plan which call for the creation of an overlay district for the Congress Avenue Corridor to facilitate and encourage development of Class A Corporate office space (Future Land Use Element Policy A1.9). The amendment also implements Comprehensive Plan Future Land Use Element Objective A-5 which encourage creation of mixed use developments and Housing Element policies that encourage providing diverse housing opportunities Le. workforce housing, and transit orientated housing through innovative development practices. Future Land Use Element Obiective A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide streamlining of processes and to accommodate planned unit developments (PUD), mixed-use developments, and other innovative development practices. This amendment involves the application of a newly created mixed use category which promotes a mixed of office, support commercial, and a diversity of housing within the Congress Avenue corridor. Future Land Use Element Policy A-1.9 The City shall create an overlay district for the Congress Avenue Corridor and the Land Development Regulations shall be modified to facilitate and encourage the development of Class A corporate offices within the district. While this is not an overlay district it accomplishes the same goals Le. introducing mixed use development potential to the corridor. The creation of a mixed use land use map category is a much cleaner way to achieve this goal. Future Land Use Element Obiective A-7 To encourage the provision of workforce housing in the City, the following policies shall be implemented. HousinQ Element Obiective B-2 Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies which will implement this objective include: The introduction of housing options to this corridor presents a great option to provide a variety of housing types with an emphasis on workforce and transit oriented housing. This amendment also implements the aaopted Florida Public Officials Design Institutes report recommendations to establish a corridor overlay district to encourage mixed use development with commercial or office on the ground floor and residential above utilizing new urbanism design elements. o Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. As noted above it is not only consistent with, but directly implements certain policies. The following additional applicable Comprehensive Plan objective and policy is noted: 3 Planning and Zoning Board Staff Report - July 17, 2006 Congress Avenue Properties - CMU FLUM Amendment Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The subject properties contain general office uses, governmental office uses, industrial type uses, commercial uses and vacant land. Redevelopment of these properties will occur in a manner which is compatible with the prevailing commercial corridor. Redevelopment will also fulfill remaining land use needs Le. Class A office space along with a diversity of housing including a transit orientated and workforce housing component. This redevelopment will also support development of mix of commercial and research and development type uses which are identified within the Comprehensive plan as the most needed in the City as we approach build out (Future Land Use Element Policy A1.3). o Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves amending the FLUM designation from CMR (Commerce), TRN (Transitional) CF (Community Facilities) and GC (General Commercial) to CMU (Congress Avenue Mixed Use district) on parcels, which total approximately 225 acres. The proposed FLUM Amendment will result in an increased impact on adopted concurrency standards. Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic and Water and Sewer are discussed below: Water and Sewer: Water and Sewer service is available to all properties in the corridor many from existing mains. With any development of these parcels, installation of water and sewer mains, fire hydrants, and drainage improvements must be accommodated. The location of these improvements will depend upon site design layout of any proposed development(s). The proposed FLUM Amendment to CMU will increase the demand on these public services; however, adequate capacity exists to accommodate the proposal. Pursuant to the Comprehensive Plan adequate water and sewer treatment capacity exists to meet the adopted level of service standards at the City's build-out. Thus, a positive finding with respect to this level of service standard can be made. Traffic: Congress Avenue is classified as a County Principal Arterial Road. Congress Avenue currently operates at Level of Service "B" from West Atlantic Avenue to the C-15 canal. With individual developments a traffic study will be required and traffic concurrency must be met. The City has requested a traffic study based upon the maximum potential density permitted for each and every parcel within the proposed CMU designation. While the maximum development of every parcel would appear improbable the infonTIation will be provided to DCA upon receipt. Drainaae: Any development of the site will be required to retain drainage on-site in compliance with South Florida Water Management District (SFWMD) requirements. There are no problems anticipated complying with SFWMD requirements. Parks and Recreation: The Open Space and Recreation Element of the Comprehensive Plan indicate 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 individual projects may have on the City's recreational facilities. Pursuant to Land Development Regulations (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 residential unit. 4 Planning and Zoning Board Staff Report - July 17. 2006 Congress Avenue Properties - CMU FLUM Amendment Schools: A finding of School Concurrency will be required from the School District of Palm Beach County with future residential development within the -corridor. No concerns are noted at this time. Solid Waste. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021, thus a positive finding with respect to this level of service standard can be made. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. o Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The mixed use corridor currently contains a mix of commercial, industrial, and office uses. To the east the corridor abuts Interstate 95, to the north and south other commercial/ office uses within the City of Delray and Boca Raton, ands to the west by a mix of open space (Golf Course and Delray Oaks preserve) and medium density housing. The related zoning district which will be applied to this land use category will promote Class A office and additional residential development. The introduction of these uses will be more compatible than the uses currently allowed. Internal compatibility between the mix of uses will be addressed through the master plan process required in the new zoning district. Based upon the above, the proposed FLUM designation is compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. o Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the mixed use corridor shall comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of the masterplan and site plan required by the new zoning district regulations. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: Neighborhood Advisory Council PROD Presidents Council Delray Oaks Sabal Pines East Crosswinds Andover Oakmont Sabal Pines South Public Notice: Formal public notice has been provided to the affected property owners as well as property owners within a 500' radius of the subject property. Letters Qf support and objection, if any, will be presented at the Planning and Zoning Board meeting. 5 Planning and Zoning Board Staff Report - July 17, 2006 Congress Avenue Properties - CMU FLUM Amendment This amendment furthers the polices in the Comprehensive Plan which call for the creation of an overlay district for the Congress Avenue Corridor to facilitate and encourage development of Class A Corporate office space (Future Land Use Element Policy A 1.9). The amendment also implements Comprehensive Plan Future Land Use Element Objective A-5 which encourage creation of mixed use developments and Housing Element policies that encourage providing diverse housing opportunities Le. workforce housing, and transit orientated housing through innovative development practices. The amendments also implement the adopted Florida Public Officials Design Institutes report recommendations to establish a corridor overlay district to encourage mixed use development with commercial or office on the ground floor and residential above utilizing new urbanism design elements. A. Postpone with direction. B. Move to recommend to the City Commission approval of the proposed FLUM Amendments from CMR (Commerce), TRN (Transitional), CF (Community Facilities) and GC (General Commercial) to CMU (Congress Avenue Mixed Use District) for properties generally located south of West Atlantic Avenue between Congress Avenue and 1-95 south to the City Limits including the Office Depot, Congress Park, and Congress Park South office complexes by adopting the findings of fact and law contained in the staff report, and finding that the requests are consistent with the Goals, Objectives and Policies of the Comprehensive Plan. C. Move to recommend to the City Commission denial of the proposed FLUM Amendments from CMR (Commerce), TRN (Transitional), CF (Community Facilities) and GC (General Commercial) to CMU (Congress Avenue Mixed Use district) for properties generally located south of West Atlantic Avenue between Congress Avenue and 1-95 south to the City Limits including the Office Depot, Congress Park, and Congress Park South office complexes by adopting the findings of fact and law contained in the staff report, and finding that the requests are inconsistent with the Goals, Objectives and Policies of the Comprehensive Plan. Move to recommend to the City Commission approval of the proposed FLUM Amendments from CMR (Commerce), TRN (Transitional), CF (Community Facilities) and GC (General Commercial) to CMU (Congress Avenue Mixed Use district) for properties generally located south of West Atlantic Avenue between Congress Avenue and 1-95 south to the City Limits including the Office Depot, Congress Park, and Congress Park South office complexes by adopting the findings of fact and law contained in the staff report, and finding that the requests are consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: Proposed Future Land Use Map s:\planning & zoning\boards\p&z board\cogressmixeduseflum.doc 6 :.<~ \1ft ~ ~ ~ ~ \\ ti 'JH \U tj t;~ :J~ I< r;n-,.;: '::j ~~ ~ ct N - CITY OF DELRA Y BEACH, Fl PLANNING'" ZONING DEPARTIotENT -- DIGITAL BASE MAP SYSTEM -- OSoC \-' T :i I) . y FUTURE LAND USE MAP AMENDMENT - CONGRESS AVENUE CORRIDOR- I)(IX'I PROPOSED FUTURE LAND USE MAP DESIGNATION ~ CMU (CONGRESS AVENUE MIXED USE) g~ -- -IIID - ~ ,...,.~ ~L = ~riD MAP REF: LM952A CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #3 Bexley Park Area Annexation, FLUM Amendment and Rezoning Staff Report 5D#3 r-... M"Utt<' ,-, ffi_ <i!- u_ !)~- ~ ~ f-- f-- - - - - - - - vt. CLASSICAL BOULEVARD I I I I. ,. D. - - >- ..:: ~ - z o r- .J a:: ..:: ::c u :\ II III /,;.... ~ .. .. I ..:: (") ::c ;0 :.:: (") u .- ;i:;= :=fT1 'sEx~ J I J ]I I J IrllJ ~ }@ ~ J - -l \ ::. ii: Q CITY PARK ?I'~~ OS I- I I I - - I-- -- -5 -!Z- -~- -- -- ...-... olfi!~i I.J~~~.II I plRK<~~~ RANCH j / ~ ::=: = ---':.::fhJ - f-- - _U w LO ~CJ= -~ ~~(---- f--~- ~~- ~ .-- --<= ~,I \~ ,. .,~ /' SUNRISE BOULEVARD '-- II BEXLEY '----- - - - - f-- f-- I-- I-----::: fIIR-5 ... - (COUNTY) ~lXX 3.18 AC . CANAL L -31 ~ ~ L A K E I I 0-, '0 ~(6l ~ ~ ~~~ ~ ~ ~ o 0'" 0 0" ~\ ~'r 11 _ . COUNTRY \ \MANORS' ROAD ~,y J_ MEAOO~ ~ O~~"RO - ~CAR:<'NAL \ <i OC; ( L-..J ~ ~ o l/'.Nt. \.J ~ LANE ~ 0 c:.;; 0 fi1 N IDA j ~OJIIIJ:Dw~ ~W.16TH )y EXISTING FUTURE LAND USE MAP I I \~CF \'f( ( :J - SABAL LAKE~.. ROAD ~ I \\ :::f~ MAGNOU CIR. We = I '.. -dl- = d~rJ. ~(::7gG. f--- fS ~F7 ~ RO ~ - '/i~~ cx= T Cl SABAL ___ ...--' I = = /..:: <C -..::- ........---......... ::;-~ .J /"'"" ~ - P _01---- L'l ~ 5_ ..:: =~= ~ brJ =tn=mtn _~_ LS_ ~ --- \... S. GNOUA ~ v I ~0l -'iITliti f ... .1- 3' -..,..... 1 ~ -. ~ iW9THST~\ ~ ~ CF ~ () :3: a::~K <( FIRE In STA. #4 BARWICK PARK os R 0 A 0 \ J I ~ /' AVENUE M CITY or DELRA Y BEACH, FL PLANNING '" ZONING DEPARTMENT PARCELS ADJACENT TO BEXLEY PARK ~ PROPOSED FUTURE LAND USE MAP DESIGNATlON:MD (MEDIUM DENSITY RESIDENTIAL 5-12 DUlAC) -- DICITAL BASE MAP SYSTEM -- MAP REF: LM836D m_ ~51-- --I I <i. - I-- I-- u I-- I J~ - - 5 - /, 1/:'" _~_ fLASSICn BOlE/ART T -Z- = ~ = . I -- i ~ II ~ I 11 / >: ~ l~iIil~fiai'.1I 1. BEXLEY PARK V ' RANCH Y ~ == ~LD :: ==~ffi]~C -_ 1---- a:: U - r- I---~= -~ ~I - r-- ~ ~,..----; ~ -f-- - ( . = ~ - :TI \~ .... ~ - \ ...... M{ DI:.~N JRI lIE I I SUNRISE BOULEVARD D. - - - >- ...:: ~ - z o I- ...J a:: ...:: :I: U -1 \ i I III r h :> 0 ii< lfII <( Cl j~ ,~ CITY - <:( () ..;;0:: :I: ;u XX! 1M< y () u r PARK MR-61 ~ ~r- - ", '-- -/ ~l>-~~ "'COUNTY) MR-!j BEXLEY (COUNTY) n 11111 IIII! OS II ~ CANAL L-31 <f I J@ ~~ )0~)O)~O jJ ~(~ 0 ~~ ~ ~'k :< t> d>' OS ~-11-.<' ~ "\ .\. G'o ~ '7 ()~ ~~ ~ ?::!:~!!/ ') \ " 0 0 ~~ (QJ 'If 1 _. COUNTRY \ \MANORS ROAD ~~~ Y ,L_I~ ----1 # '" ( ~~ \ s 0 ~ LAN' / 0 ~ ~ ~ L A K E I \ I F; IDA ~[[[llI]JJ~r-- YN.W. 16TH cJv I ~CF '\f ( ) ( ) ".". '" ~ SABAL LAKES\. - ROAD ---- I ~ ~ MAGNOLl CIR. f- = I ' -Jd~ - w ., ~r- - d~~. pUl;: -~~~ ~RO :::. U _ l../t~~c:, I 1 SABAL = ,../ ~ /...:: -...::- /.- :J-~ -:J ./~- Of-- <:> t5_ <:( -~- ~ .-" _ _ I:::J bI- =lii=mlii I--~_ i:51--~ \.. S. GNOLlA 'Cilr V I ~ -~iCIliti ;< : ..~- 1 ~ -. :!;" r 9'1 ST~ ~ ~ CF ~ () 3= ~., <( FIRE m STA. #4 BARWICK PARK OS R 0 A 0 \ J I ~/ AVENUE MC N - PROPOSED FUTURE LAND USE MAP PARCELS ADJACENT TO BEXLEY PARK ~ PROPOSED FUTURE LAND USE MAP DESlGNATlON:MD (MEDIUM DENSITY RESIDENTIAL 5-12 DUlAC) CITY OF DELRA Y BEACH. FL PLANNING &< ZONING DEPARTIotENT -- DIGITAL BASE MAP SYSTEM -- w.p REf: LM836E PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- June 17, 2006 IV.B. A City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City) located on the south side of 133rd Road S, 60' west Barwick Road; and a City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) in part and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing four parcels and a total of 9.79 acres of land located on the west side of Barwick Road approximately 1,400' north of Lake Ida Road (see table below). MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant........................ . Agent......................................... . Location..................................... . Property Size..... ......................... Existing County Future Land Use Map Designation ........................ Proposed City Future Land Use Map Designation........................ . Existing County Zoning............... Proposed City Zoning................. Adjacent Zoning................North: East: South: West: Existing Land Use...................... Proposed Land Use.................... Water Service............................. Sewer Service. ........ .... ... ...... ....... City of Delray Beach. City of Delray Beach. approximately 1 ,400' north of Lake Ida Road and to the west of Barwick Road. 12.97 Acres, (3.18 voluntary annexation and 9.79 via interlocal agreement). MR-5 (Medium Residential 0-5 du/ac) LD in part, and MD in part. AR (Agricultural Residential) R-1-AAA in part, and RM-8 in part City PRD (Planned Plan Residential Development) PRD (Planned Residential Development), Sabal Lakes Multiple Family Residential - Medium Density (RM) Open Space and Recreational (OSR), Bexley Park Two single family homes / one single family home with landscape nursery and vacant. Existing uses/ no development plans for vacant parcels. Water service is available for single family homes along Barwick Road; extensions required to provide service to other parcels Sewer service is available for single family homes along Barwick Road; extensions required to provide service to other parcels. LAKE IDA ROAD .ITIIIIID ~ . CT. ~ ~( I I I I I I I 1'" IV.B. The action before the Board is that of making a recommendation to the City Commission on the following items: . A City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City) located on the south side of 133rd Road S. 60' west Barwick Road approximately 1,400' north of Lake Ida Road (see table below, PCN 42-46-12-00-000-3200). . A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing four parcels and a total of 9.79 acres of land located on the west side of Barwick Road approximately 1,400' north of Lake Ida Road (see table below). Enclave 1 MD(M turn enslty Parcel 2 424612000003202 3.03 RM-8 Enclave 2 Parcel 3 424612000003024 5.00 RM-8 Parcel 4 424612000003141 0.88 R-1-AAA parcel 5 424612000003190 0.88 R-1-AAA Sub-Total 9.79 Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6). the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to a FLUM amendment and Rezoning of any property within the City. The subject property consists of a City owned parcel measuring 3.18 acres of land which is located along the south side of 133rd Road S, and 9.79 acres of land making up two enclaves which contains 4 parcels. The first enclave contains 3.03 acres located west of the City owned parcel and the second enclave contains two parcels measuring 1.76 acres and located on the west side of Barwick road; the other parcel measures 5.0 acres and is immediately to west of these parcels on the south side of 133rd Road S (see attached map). Planning and Zoning Board Meeting of 07/17/06: Staff Report Bexley Park - Annexation, FLUM Amendment, and Rezoning Page 2 Parcel 1 (City Owned) Sub-Total Enclave 1 Parcel 2 Enclave 2 Parcel 3 Parcel 4 parcel 5 424612000003202 424612000003024 424612000003141 424612000003190 1 1 1 4 5.00 0.88 0.88 9.79 2 1 1 3 Sub-Total The property is bound to the south by the LWDD L-31 Canal and the Country Manors Condominium development. To the west is a public park Bexley Park and to the east is Barwick Road and Sabal Lakes Residential Development; and to the north is the 25' right-of- way of 133rd Road S, the Bexley Park planned residential development, and Barwick Ranch Subdivision. The access to these parcels is currently via 133rd Road S and from Barwick Road itself. The subject property is under the jurisdiction of Palm Beach County but in a designated annexation area for the City of Delray Beach. The property is located in the City's Planning Area, known as Annexation Area "E" (the North Military Trail Area), as noted in the Future Land Use Element Policy B-3.5 of the Comprehensive Plan. The City has an advisory land use designation of LD (Low Density Residential 0-5 du/ac) that allows for residential development with a density between zero and five units per acre. An application is now before the Board regarding a combined City initiated voluntary annexation and annexation via interlocal agreement of the subject properties. Current Land Use Desianation: The current land use map designation for the property is County MR-5 (Medium Residential 0-5 du/ac). The current City "advisory" designation is LD (Low Density Residential 0-5 du/ac). Requested Land Use Desianation: The requested Future Land Use Designation is to City MD (Medium Density 5-12 du/ac) in part and LD (Low Density Residential 0-5 du/ac). CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: DesiQnated Annexation Area: The property to be annexed is located within designated Annexation Area "E" on the east side of Military Trail north of Lake Ida Road. Annexation of the territory is consistent with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise; and to address the annexation of improved property which lacks adequate sewer and water facilities through the Palm Beach County Annexation Incentive Program. Excluding the City owned 3.18-acre parcel (PCN 42-46-12-00-000-3200) two enclaves would exist one 3,03 acres west of the city parcel and the second 6.76 east of the city parcel for a total 9.79 acres. Each of the two enclaves make up the balance of the property and is under 10 acres and therefore are eligible for annexation via an interlocal agreement pursuant to F.S. 171.046. Planning and Zoning Board Meeting of 07/17/06: Staff Report Bexley Park - Annexation, FLUM Amendment, and Rezoning Page 3 Land Use Analysis: Consistency Between the City and County Land Use Desiqnations: The proposed City Land Use Map Designation for the property is MD (Medium Density 5-12 du/ac) in part, and LD (Low Density 0-5 du/ac) in part. The existing County Future Land Use Map Designation for the property is MR-5 (Medium Residential - 5 du/ac). The City's LD Land Use Map Designation is consistent with the County's MR-5 designation in that Low Density Residential is similar. The designation on a portion of property is now proposed to be medium density allowing slightly higher densities. These are to be limited to 8 units per acre via the zoning designation of RM-8. While slightly higher this density continue to be compatible with the residential development to north, east, and south. The City's FLUM designation as initially contained on the City's Future Land Use Map adopted by Ordinance 82-89 in November 1989, are deemed to be advisory until an official Future Land Use Map Amendment is processed. Adiacent Land Use Map Desiqnations. Zonina Desiqnations and Land Uses: The following zoning designations and uses abut the subject property: Zoning Designation Use North: Plan Residential Development (PRD) and Bexley Park Subdivision and Barwick Single Family Residential (R-1-M) Ranch Subdivision South: Multiple Family Residential - Medium Country Manors Subdivision and Density (RM) Canal L-31 East: Plan Residential Development (PRO) Sabal Lakes Residential Developoment West: Open Space and Recreational (OSR) Bexlev Park Allowable land Uses: Under the proposed Medium Density Residential 5-12 du/ac (MD) in part, and Low Density Residential 0-5 du/ac (LD) in part Land Use Map designation, residential zoning districts which accommodate single family units (R-1 thru R-1-AAA) and multiple family units (RM) are allowed. With the proposed zoning designation of R-1-AAA and RM-8 (limiting density maximum to 8 units per acre) residential development compatible with the surrounding residential patterns can be anticipated. REQUIRED FINDINGS: LAND DEVELOPMENT REGULATIONS CHAPTER 3: Pursuant to LDR Section 3.1.1, 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 Planning and Zoning Board Meeting of 07/17/06: Staff Report Bexley Park - Annexation, FLUM Amendment, and Rezoning Page 4 the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. o 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. 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 proposed Multiple Family Residential - Medium Density RM-8 and Single Family Residential (R-1-AAA) zoning districts are consistent with the proposed MD (Medium Density Residential 5-12 du/ac) and LD (Low Density Residential 0-5 du/ac) FLUM designation. Multiple Family Residential developments are allowed in the RM-8 zoning district as a permitted use at a maximum density of eight (8) units per acre. Single-family unit developments are allowed in the R-1-AAA zoning district as a permitted use at a base rate of zero to five (5) units per acre. Based on the above, positive findings can be made with respect to FLUM consistency. o Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. 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 proposal involves amending the FLUM designation from County MR-5 to City MD (Medium Density Residential) in part, and LD (Low Density Residential) in part for the subject property. Concurrency findings with respect to Parks and Recreation, Police, Solid Waste, Traffic and Water and Sewer are discussed below: Parks and Recreation: The City provides 127 acres of activity based recreation facilities such as tennis, baseball, basket ball, soft ball and other similar sports. An additional 247 acres are considered resource based activities such as beaches and lakes for swimming, boating, picnicking, hiking, and other activities excluding golf courses. Within recreation areas, amenities and facilities are provided to meet the demand for leisure opportunities for all segments of the community. The City of Delray Beach provides a ratio of eight (8) acres of park and recreational facilities per 1,000 people while the current national ratio is 3 acres of park and recreational facilities per 1,000 people. This indicates that the City will have sufficient recreation facilities to accommodate any additional increase in the number of residents anticipated from future development of the subject property. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The subject property lies within Sheriff patrol zone 4. Zone 4 is bordered by EI Clair Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach City limit on the north, and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be obtained from "Cover Cars" which patrol 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. Planning and Zoning Board Meeting of 07/17/06: Staff Report Bexley Park - Annexation, FLUM Amendment, and Rezoning Page 5 Annexation will not require additional manpower as the City patrols the area currently in the city to the north, south, east, and west. Fire and Emeraencv Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 5.5 minutes of the County Fire Department (Indian Springs/Military Trail and Woolbright Road) to approximately 3 minutes for the City's Fire Department (Fire Station NO.4 at Barwick and Lake Ida Roads). Water: Municipal water service is available via connection to a 12" water main located along 133rd Roas Sand Barcwick Road. With future development of the vacant property extensions will be required. Sewer: Sewer service is available adjacent to the site via an existing 6" force main along the south side of 133rd Road S. Sewage mains and a new lift station have been constructed as part of the infrastructure improvements of "the Bexley Park" subdivision. Sewer service exist for single family homes along Barwick Road. With future development new connections and main extensions will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The subject property can be accessed via 133rd Road S and from Barwick Road. 133rd Road S and Barwick Road is under the jurisdiction of the City. With any future development of the subject property proper public acces will be required. Solid Waste: The future development of this property will continue to have minor solid waste impact. The solid waste authority has indicated they have sufficient capacity exists to service this area. The service provider will not change, as described later in this report. o Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policv A-1.7: Amendments to the 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. Planning and Zoning Board Meeting of 07117106: Staff Report Bexley Park - Annexation, FLUM Amendment, and Rezoning Page 6 The proposal is associated with the annexation of this unincorporated property and requires changing the FLUM designation from County to City. The current County FLUM designation is MR-5 and the current "advisory" designation is LD (Low Density Residential), which allows single family residential developments. As the City's FLUM designation is being applied the requirement to provide justification for the need does not apply. It is noted that the proposed R-1-AAA designation would allow the same density (0-5 du/ac) as the one currently allow under the county designation of (MR-5). It is also noted that the proposed MD (Medium Density Residential) being applied to the three most western parcels will allow multiple family residential development (restricted to a maximum of 8 units per acre through zoning) which is compatible with the existing developments to the north, south, and east Bexley Park, Country Manor Subdivision, and single family homes respectively. Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would require mitigation measures. Under the LD FLUM designation, a range of 0 to 5 du/ac is allowed. Also, under the MD FLUM designation, a range of 5 to 12 du/ac is allowed (restricted to 8 units per acre through zoning). The requested zoning designations of RM- 8 and R-1-AAA will be compatible with the adjacent development patterns. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As described previously, the requested FLUM designation of LD (Low Density Residential) in part, and MD (Medium Density Residential) in part, and zoning of R-1-AAA (Single Family Residential) in part, and RM-8 (Residential Medium Density 8 du/ac) in part, will be compatible with adjacent development patterns. Homeownership is a characteristic of these designations. Consequently, compatibility with the abutting low density residential properties to the east and north (Saba I Lakes and Barwick Ranch), as well as abutting medium density residential properties to the south (Country Manor Subdivision) are consistent with the proposed dsignation. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Any future development of the subject property will be submitted to the site plan review process and will be reviewed for compliance with the LDRs including compatibility with adjacent uses. Florida Statues GoverninQ Voluntary Annexations: Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to Planning and Zoning Board Meeting of 07/17/06: Staff Report Bexley Park - Annexation, FLUM Amendment, and Rezoning Page 7 the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. . The property is contiguous with the City and reasonably compact. With regard to creation of an enclave, in order to access the property one must first travel through the City. Thus, excluding the City owned 3.18-acre parcel (PCN 42-46-12-00-000- 3200) two enclaves would exist one 3,03 acres west of the city parcel and the second 6.76 east of the city parcel for a total 9.79 acres. Each of the two enclaves make up the balance of the property is under 10 acres and therefore eligible for annexation via an interlocal agreement pursuant to F.S. 171.046. Chapter 171.046, Florida Statutes (2004), provides for annexation of certain enclaves by entering into an Interlocal Agreement between the Municipality and the County having jurisdiction over such enclave. Land Development Reaulations GoverninQ Annexations: Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. Excluding the City owned 3.18- acre parcel (PCN 42-46-12-00-000-3200) two enclaves would exist one 3,03 acres west of the city parcel and the second 6.76 east of the city parcel for a total 9.79 acres. Each of the two enclaves make up the balance of the property is under 10 acres and therefore are eligible for annexation via an interlocal agreement pursuant to F.S. 171.046. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Desianated annexation area: The territory to be annexed is located within the designated annexation area "E" located on the east side of Military Trail north of Lake Ida Road. Annexation of the subject territory is consistent with the Future Land Use Element Policy B- 3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise; and to address the annexation of improved property which lacks adequate sewer and water facilities through the Palm Beach County Annexation Incentive Program. As expressed previously, excluding the City owned 3.18-acre parcel (PCN 42-46-12-00-000- 3200) two enclaves would exist one 3,03 acres west of the city parcel and the second 6.76 east of the city parcel for a total 9.79 acres. Each of the two enclaves make up the balance of the property is under 10 acres and therefore are eligible for annexation via an interlocal agreement pursuant to F.S. 171.046. CONCURRENCY: Provision of Services: The provision of services to the subject property has been discussed previously under the "Future Land Use Map Amendment Analysis" section of this report. Planning and Zoning Board Meeting of 07/17/06: Staff Report Bexley Park - Annexation, FLUM Amendment, and Rezoning Page 8 Financial Impacts: Effect upon Annexed Property: The following table depicts the current assessed value and total (County) taxes for the subject property: 00424612000003200 714,675.00 13,617.00 375.00 13,992.00 19.505361 16,956.14 $181.44 23.725668 17,137.58 3,145.58 00424612000003202 331,847.00 6,323.00 415.00 6,738.00 19.505361 7,873.29 $181.4423.725668 8,054.73 1,316.73 00424612000003024 280,558.00 5,346.00 408.00 5,754.00 19.505361 6,656.43 $181.4423.725668 6,837.87 1,083.87 00424612000003141 223,950.00 4,267.00 276.00 4,543.00 19.505361 5,313.36 $181.4423.725668 5,494.80 951.80 00424612000003190 167,312.00 3,188.00 276.00 3,464.00 19.505361 3,969.59 $181.4423.725668 4,151.03 687.03 TOTAL $1,718.342.00 32,741.00 $1,750.00 $34,491.00 19.505361 $40,768.81 $907.2023.725668 $41,676.01 $7,185.01 * Currently City owned the values noted would result after change in ownership. For the 2005 tax year the subject property had an assessed value of $1,718,342.00. With the change from County to City jurisdiction, the following taxes and rates will be affected: Fire/Rescue MSTU Palm Beach Count Lib. Palm Beach CO.Lib.Debt Florida Inland Nave ation Health Care District Palm Beach Coun Palm Beach Coun Debt Children Service Council Public Schools Debt Servo Public Schools Loc.Board Public Schools State Law SFWMD District SFWMD Ever lades Const. Ci of Delra Beach Ci of Delra Beach Debt 5,325.14 970.86 252.61 66.15 1,855.81 7,646.62 462.58 1,183.42 381 .47 4,560.48 8,838.17 1,025.85 171.84 3.19899 0.540301 0.0404 0.0385 1.099999 4.5 0.26798 0.690201 0.274 2.547 5.65 0.597001 0.09999 7.466100 0.533900 DELETE DELETE DELETE 0.00 0.000000 0.00 0.000000 0.00 0.000000 66.15 0.038500 1,855.81 1.099996 7,646.62 4.5 462.58 0.26798 1,183.42 0.690201 381.47 0.274 4,560.48 2.594 9,667.85 5.564 1,025.85 0.597001 171.84 0.09999 12,829.31 7.466100 917.42 0.533900 'il~ril~~~ * Total tax millage in the county is 19.5443mills while in the city the total millage is 23.7256 mills. Therefore the difference is 4.181306 mills. The current yearly ad valorem taxes are $32,741 with annexation the yearly ad valorem taxes will be $40,768.81 (32,741+8,027.81=40,768.81); a tax difference of $8,027.81 (1,718,342x4.181306/1000=7,185.01). In addition to property taxes, the following Non Ad Valorem fiscal responsibility will apply: Planning and Zoning Board Meeting of 07117106: Staff Report Bexley Park - Annexation, FLUM Amendment, and Rezoning Page 9 Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the structures, buildings, parking areas, etc. If the property is developed as a multiple family complex or is subdivided for residential purposes, an assessment of $54.00 per unit would be applied. A 25% discount from the assessment is available since the property is within the Lake Worth Drainage District. An additional 25% may be available if drainage is retained on site. With the vacant properties, this assessment is not immediately imposed. With the submittal of a future site plan, the storm water utility tax will be assessed. Solid Waste Authority - The Barwick Road and Military Trail annexation areas are serviced under a contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a) " if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchise may continue to provide such services to the annexed area for five years or the remainder of the franchise term whichever is shorter". Thus, the waste service provider will not change with annexation. Resulting Impacts to Property Owners: (combined increase) AD VALOREM TAXES 2005 City Mills. County Mills 23.72567 19.54436 = NON AD VALOREM TAXES 2005 Stormwater Assessment Solid Waste Collection WATER & SEWER UTILITY FEES ANNUAL FINANCIAL IMPACT: + $7,185.01 4.1813 $270.00 $211.20 $0.00 + $7,666.21 Fire Response + Faster response from an estimated 5.5 minutes Count to 2.5 minutes Cit . Faster response from an estimated 5.5 minutes Coun to 2.5 minutes Ci . Better response based upon more officers in field; 14 patroll cars per shift daytime, 15 atroll cars durin the ni ht. Pro-active vs reactive opportunity to work with ro e owners. Emergency Medical Services EMS Police + + Code Enforcement + Fiscal Impacts to the City: At the 2005/2006 City operating milage of 7.4661 mills and debt rate of 0.5339 mills, the property will generate approximately $13,746.74 in new ad valorem taxes per year. With future development, additional revenues will be realized through increased assessment value, building permit fees, the annual collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. Planning and Zoning Board Meeting of 07/17/06: Staff Report Bexley Park - Annexation, FLUM Amendment, and Rezoning Page 10 AD VALOREM TAXES 2004 City of Delray Beach 7.4661 Mills $12,829.31 City of Delray Beach Debt 0.5339 Mills $917.42 SUB-TOTAL $13,746.74 NON-AD VALOREM TAXES Storm Water Utility (1 Unit @ $54) $0.00 SUB-TOTAL $13,746.74 PARK AND RECREATION IMPACT FEE $500 per unit $0.00 TOTAL $13,746.74 Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR 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. The proposed City zoning designation is R-1-AAA (Single Family Residential) in part, and RM- 8 (Medium Density Residential 8 du/ac) in part, while the current County zoning designation is AR (Agricultural Residential). The surrounding zoning designations are: City OSR (Open Space Recreational) to the west; City PRD (Plan Residential Development) to the east; City PRD (Planned Residential Development) and R-1-AA to the north; and City RM (Multiple Family Residential - Medium Density) to the south. COMPREHENSIVE PLAN POLICIES: Previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. REQUIRED FINDINGS: (Chapter 3) Previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: CONSISTENCY: Compliance with the performance standards set forth in LDR Section 3.2.2, along with the required findings in LDR Section 2.4.5{D} (5), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Planning and Zoning Board Meeting of 07/17/06: Staff Report Bexley Park - Annexation, FLUM Amendment, and Rezoning Page 11 Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment analysis section of this report. Section 3.2.2 (Standards for Rezonina Actions): standard "A", "B", "C", and "E" are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The proposed amendment to MD (Medium Density 5-12 du/ac) in part, LD (Low Density 0-5 du/ac) in part, is compatible with the existing land use designations in the adjacent developments and is being proposed concurrently with a request for annexation and initial zoning of R-1-AAA (Single Family Residential) in part, and RM-8 (Medium Density Residential 8 du/ac) in part. Residential developments and single family homes are allowed as a permitted use within the RM-8 and R-1-AAA District respectively. Given the adjacent development pattern it seems appropriate to recommend a land use designation of MD (Medium Density 5-12 du/ac) in part, LD (Low Density 0-5 du/ac) in part. Thus, compatibility with adjacent residential developments is not a concern. The following zoning designations and uses border the property: Zoning Designation Use North: Plan Residential Development (PRD) and Bexley Park Subdivision and Barwick Single Family Residential (R-1-M) Ranch Subdivision South: Multiple Family Residential - Medium Country Manors Subdivision and Density (RM) Canal L-31 East: Plan Residential Development (PRD) Sabal Lakes Residential Developoment West: Open Space and Recreational (OSR) Bexley Park Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5{D} (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or Planning and Zoning Board Meeting of 07/17/06: Staff Report Bexley Park - Annexation, FLUM Amendment, and Rezoning Page 12 (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. Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County. However, it is also within the City of Delray Beach reserve annexation. The City, being the current owner of one of these parcels, is seeking annexation of this property into the City, which requires that appropriate City zoning designations be applied. The proposed amendment to MD (Medium Density 5-12 du/ac) in part, LD (Low Density 0-5 du/ac) in part Land Use Map designation and RM-8 (Residential Medium Density 0-8 du/ac) in part, and R-1-AAA (Single Family Residential) in part zoning are deemed compatible with the existing land use designations and the adjacent development pattern and zoning designations. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(D) (5). The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Palm Beach County Notice: On July 12, 2006, the Palm Beach County Planning Division was notified of the City's intent to annex this property. Response has not yet been received. Lake Worth Drainaae District: On July 12, 2006, Lake Worth Drainage District was notified of the City's intent to annex this property. Response has not yet been received. IPARC Notice: Notice of the Future Land Use Amendment has also been provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. Courtesv Notices: Special courtesy notices were provided to the following homeowners and civic associations: o Jerry Franciosa, PROD o Carolyn Zimmerman, Presidents Council o Gerald De Poe, Country Manor o Bruce R. Shumer, Sabal Lakes o Prime Management Group Inc., Sabal Lakes o Sal Cherch, Barwick Ranch Estates o Don Klein, Barwick Estates Planning and Zoning Board Meeting of 07/17/06: Staff Report Bexley Park - Annexation, FLUM Amendment, and Rezoning Page 13 Public Notice: Formal public notice has been provided to property owners of the annexation parcels and owners within a 500' radius of the subject property. Additional letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its planning and. service area. The City's MD (Medium Density 5- 12 du/ac) in part, LD (Low Density 0-5 du/ac) in part, Land Use Map Designation is consistent with the County's MR-5 designation in that it is compatible with the existing land use designations and the adjacent development pattern. This Future Land Use Map designation is being proposed concurrently with a request for initial zoning of RM-8 and R-1-AAA District which are also compatible with the surrounding development pattern. The annexation will provide with better Police, Fire, EMS and Code Enforcement services. The property will not experience a significant increase in ad valorem taxes. Upon development of the property, park and recreation impact assessment fees will be imposed on any new residential development. The City will receive additional revenue from property taxes, in addition to storm water assessment fees utility taxes, franchise fees, and licensing fees upon development. The total immediate revenue increase is approximately $13,746.44, a year. Based upon the above, the proposed Annexation, Future Land Use Map Amendment and associated Rezoning application should be approved. A. Continue with direction. B. Move a recommendation of approval to the City Commission for: . The City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City) located on the south side of 133rd Road S, 60' west of Barwick Road approximately 1,400' north of Lake Ida Road (PCN 42-46-12-00-000-3200), and . A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing four parcels and a total of 9.79 acres of land located on the west side of Barwick Road approximately 1,400' north of Lake Ida Road. by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the Planning and Zoning Board Meeting of 07/17/06: Staff Report Bexley Park - Annexation, FLUM Amendment, and Rezoning Page 14 criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for: . The City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City) located on the south side of 133rd Road S, 60' west of Barwick Road approximately 1,400' north of Lake Ida Road (PCN 42-46-12-00-000-3200), and . A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing four parcels and a total of 9.79 acres of land located on the west side of Barwick Road approximately 1,400' north of Lake Ida Road, and finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Move a recommendation of approval to the City Commission for: . A City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City) located on the south side of 133rd Road S, 60' west of Barwick Road approximately 1,400' north of Lake Ida Road (see map attached) PCN 42-46-12-00-000-3200); and . A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing four parcels and a total of 9.79 acres of land located on the west side of Barwick Road approximately 1,400' north of Lake Ida Road (see map attached). by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and does meet the criteria set forth in Sections 2.4.5{D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Location Map. 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'J..c~ ~ MA TERIALS -%V I CMR ~--;)(1 1 y' t-- --t--......J III !, ~ CONGRESS Cl A VENUE .., AUTO CENTER f I MDS WHOLESALE I BEAUTY SUPPLIES I / I I PALM TRAN / SETA DELRA Y CENTER ARTlC ICE /, j L-32 I I~ s "f 0: n ~ J/ I CHURCH OF CHRIST R. C kRQL WAY -" >< iii ti LEE ST. ~ ~ 0<( z I:z; f2 PROSPECT ST. C> z ~ I l/l 0<( ~ NOLAND n '-- ~ _3RD ~-- <(--~ \j!:- .. "'- ~ - I""'" ~-- ,. ~ Z== ==~ ~1Iii - ST._ W ::J Z W > <( CMR ~ 0<( KEYSTONE CREA nONS i'.. ~ N.W. NO ST. ~ \ a- , N.W. - \ ~ I I - ~ 1 ~ - - \ \ - S \ \ -- ~ ao ~ ::Z - FLADELL DRIVE a:: " z o u ~ co<( ~~ ao \ I - - - - ROYAL COMM. PARK OF DELRA Y .f- ~ ::Z . - - \ \,~ \'t, ~ ~ \ t ."......- ~ATfWAY 'NI PARK~ r 1 ~ z ~ ~ ~~ I~ , <( j!: ~ ~ vi ~ <( I II I 1~-1111 N EXISTING FUTURE LAND USE MAP - DEPOT ROAD PROPERTY CITY OF DELRAY BEACH. fL mJ PROPOSED FUTURE LAND USE MAP AMENDMENT: CMR (COMMERCE) PLANNING & ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF': L1ol950 ~ / I / 7 I CANAL - ""7 LAMDA / NOVA- --I -J TRONICS j I I y r' f j.,CONGRESS Cl A VENUE I AUTO CENTER MDS WHOLESALE !8EAUTY SUPPLIES I ! / I I I PALM TRAN SA TELLlTE-FACILlTY ,,--....... N.W. 1ST ST. '-....../ I DELRA Y I AWNING SETA DELRA Y CENTER ARTlC ICE CARilI /(RPl IVA.,. NOLAND /7 I w ::> z w > <( CMR ~ <( KEYSTONE CREA nONS I I- <Xl ~ z ->-- >-- MARTY FLADELL DRIVE (f) _ (f) w ~ " Z o U w C~ - ROYAL COMM. PARK OF DELR A Y ...... --- / CHEVRON j u €. ~~~~ /- GC ~ '-l ~~-0<'- V / RINKER ~~~'v I 1 N - CITY OF DELRA Y BEACH, F1. PLANNING &: ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- / ' L-32 I I~ Is .... '" ......, '7 ~ I- I CHURCH OF CHRIST >( vi cj N.W. NO ST. N.W. ~ ~ <C \ I >- ~ ~ :Z \ ~ \ \ \ \ \ - J ....... . LEE ST. ~ <( z ~ PROSPECT ST. C> z I Vl <( ~ 3R~ ST. ....- . r-r-- - - -- '-- ~-- I--- - I--- - I--- - N.W. ~ I I .... .---- 2=- \{ / ~- <Xl .- ~ z ~~ .h -......,- ~f / I ~ -~//I - r;F - - ~ PROPOSED FUTURE LAND USE MAP AMENDMENT: CMR (COMMERCE) S -I-- L-.- - - - - - .- ~- z - - ,~ ~~ ~\ ."...- ~7EWA y F'Ni' PARK~ , '> <C j!: '" ~ vi -- ~ <( r~ II PROPOSED FUTURE LAND USE MAP DEPOT ROAD PROPERTY MAP REF: LM950 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- July 17, 2006 IV.B.2.e. Future Land Use Map (FLUM) Amendment from Industrial (IND) to CMR (Commerce) and Rezoning from Industrial (I) to MIC (Mixed Industrial and Commercial) for a 8.8 acre parcel located along Depot Road north of the Old Train Station, between the CSX Railway and 1-95. MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant......................... Depot Industrial Center, LLC. Agent......... .............. ........... ........ Charles Putman Location...................................... Along Depot Avenue east of the CSX Railroad Track, west of 1-95, and to the north of the Old Train Station. Property Size.............................. 8.8 Acres Existing Future Land Use Map Designation............................... Industrial (IND) Proposed City Future Land Use Map Designation......................... CMR (Commerce) Existing City Zoning.................... Industrial (I) Proposed City Zoning................. MIC (Mixed Industrial and Commercial) Adjacent Zoning................North: MIC (Mixed Industrial and Commercial) East: 1-95 Right-of-Way South: MIC (Mixed Industrial and Commercial) West: MIC (Mixed Industrial and Commercial) Existing Land Use...................... Undeveloped Proposed Land Use.................... Mixed-use - Office, Warehouse and Residential (if text amendment is approved) Water Service............................. Water service is provided to the site via an 6" water main, which is located along the south side of the property on Depot Avenue. Sewer Service............................. Sewer service is provided via a septic tank system. There are no sewer mains located adjacent to the property. Extensions to the site along Depot Road will be required with development of the property. NOLAND KeYSTONe CREATIONS 0( en ;; en ~ w 0:: CI li Z ;i 0 0 MARTY ROYAL COMM. PARK OF DELRA Y IV.B.2.e. The action before the Board is that of making a recommendation to the City Commission on a privately initiated Future Land Use Map (FLUM) Amendment from IND (Industrial) to CMR (Commerce) and rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial), for a 8.8 acre property located along Depot Road, north of the Old Train Station, between the CSX Railroad and 1-95. Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to a FLUM amendment and rezoning of any property within the City. The subject property includes Tract 1 and Tract 2 and Lots #1 through #5 of the Model Land Company subdivision and contains 8.8 acres. The property has never been developed and is currently vacant. With the Citywide Rezoning of October 1990, the subject property was rezoned from MI (Medium Industrial) to I (Industrial). Applications have been submitted for a FLUM amendment from IND (Industrial) to CMR (Commerce) and a rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial). These applications have been submitted with the purpose of establishing a project that will consist of 52,284 square feet of office area, 49,600 square feet of warehouse, and 300 multifamily/rental apartments units with 25% of the units being Workforce Housing. This mixed-use project would be allowed under the proposed MIC zoning (except for the 300 multifamily residential component), but not under the current I (Industrial) zoning. While residential development is not currently allowed within the existing I or the proposed MIC zoning district, the applicant is also requesting that the residential component be allowed via the creation of a new overlay district on this site. It is noted, however, that the applicant wishes to proceed with the FLUM Amendment and Rezoning regardless of whether or not the text amendment to allow the residential component is approved. The Future Land Use Map amendment for the subject property is included as part of Comprehensive Plan Amendment 2006-1. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, 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. Planning and Zoning Board Staff Report: July 17, 2006 Delray Depot - FLUM Amendment and Rezoning Page 2 Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The applicant proposes to develop a mixed-use project at this location, which includes a residential component. Residential uses are neither a permitted nor a conditional use in the MIC zoning district. This application is accompanied by a Comprehensive Plan text amendment which would create a Workforce Housing Overlay District over this property and the adjacent property to the south. Staff does not support the creation of this overlay district. If this text amendment is not approved, the uses as proposed will not be consistent. However, as stated earlier, the applicant wishes to proceed with the FLUM Amendment and Rezoning regardless of whether or not the text amendment to allow the residential component is approved. Therefore, for the purpose of this report, the applicant's proposed text amendment to allow residential uses will be considered a separate issue. Since the proposed MIC (Mixed Industrial and Commercial) zoning district is consistent with the proposed CMR (Commerce) FLUM designation, positive findings can be made with respect to consistency. The remaining required findings of LDR Section 3.1.1 (Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations) are discussed below. The following Comprehensive Plan Policy applies to Future Land Use Map Amendments: 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: o 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. When the Comprehensive Plan was originally adopted in 1989, it was determined that the CMR (Commerce) designation was the most needed land use designation in the City. Future Land Use Element Policy A-1.3 - The Commerce land use designation, which involves a mix of light industrial, commercial uses and research and development, is the most needed land use during the City's final stage of build-out. Thus, changes to the Future Land Use Map, which diminish this land use, are discouraged. Based on its location between 1-95 and the CSX railroad, the subject property was designated IND (Industrial) and zoned I (Industrial). However, the property has not been developed under the current designation and the applicant would like the additional flexibility that MIC zoning affords. The primary difference between the I and the MIC zoning districts is the addition of Planning and Zoning Board Staff Report: July 17, 2006 Delray Depot - FLUM Amendment and Rezoning Page 3 offices and retail trade as principal uses within the MIC district. The applicant proposes to establish a project that will include 52,284 square feet of office area, 49,600 square feet of warehouse, and 250-300 multifamily/rental apartments units on the subject property. As stated earlier, a text amendment to the Comprehensive Plan to allow residential development at this location has also been submitted. However, even if this text amendment is not approved, the applicant still desires to change the FLUM designation of the property and rezone it to MIC. Based on the need for the Commerce land use designation as stated in Future Land Use Policy A-1.3, positive findings with respect to Future Land Use Element Policy A-1.7 can be made. o Consistency - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The proposal is consistent with the above policy as well as with the following Comprehensive Plan Policy: Future Land Use Element Policy A-2.3 - development of remaining vacant properties shall occur in a manner which is consistent with and complimentary to adjacent development regardless of zoning designations. This policy shall be implemented through the review process associated with platting and site plans. As previously stated, the owner of the property proposes to establish a project that will consists of 52,284 square feet of office area, 49,600 square feet of warehouse, and 250-300 multifamily/rental apartments units on the subject property. Properties to the north, south and west of the subject property are zoned MIC (Mixed Industrial and Commercial) and property to the east, adjacent to the 1-95 right-of-way, is zoned OS (Open Space). With the exception of the housing component, the proposed development is consistent with and complimentary to the prevalent development pattern in the area, and thus, meets the requirements of the Future Land Use Element Policy A-2.3 of the Comprehensive Plan. The proposed housing is not currently allowed in the proposed FLUM designation and will be considered separately. o Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves a FLUM amendment on a 8.8 acre parcel from I (Industrial) to CMR (Commerce). Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Drainage, Water and Sewer and Traffic are discussed below: Parks and Recreation: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that 'The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts projects may have on City recreational facilities. Since residential development is not currently permitted at this location, there are no impacts to parks and recreation. However, if the proposed text amendment is approved and the applicant is able to construct housing units on the property, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit for parks and recreation purposes. Schools: A finding of School Concurrency will be required from the School District of Palm Beach County if residential development is ultimately approved on this site. No concerns are noted at this time. Planning and Zoning Board Staff Report: July 17, 2006 Delray Depot - FLUM Amendment and Rezoning Page 4 Solid Waste: The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021, thus a positive finding with respect to this level of service standard can be made. Drainaae: Any development of the site will be required to retain drainage on-site in compliance with South Florida Water Management District (SFWMD) requirements. There are no problems anticipated complying with SFWMD requirements. Traffic: A traffic study has been submitted that indicates that the proposed development (with the residential component) will generate 2,840 daily trips, 265 trips in the A.M. peak hour and 297 trips in the P.M. peak hour. A letter from the Palm Beach County Traffic Division indicating that the proposed project meets concurrency with the Palm Beach County Traffic Performance Standards Ordinance will be required. Development of the site without the residential component may result in additional traffic. It is noted, however, that the maximum development potential within the CMR (Commerce) FLUM designation and MIC zoning district is similar to that within the IND (Industrial) FLUM designation and the PCC (Planned Commerce Center) zoning district. With the exception of a higher potential for retail development in the MIC district, the same land uses are permitted within the two zoning districts. The City has requested a revised traffic study based upon the maximum development potential within the proposed FLUM designation. This information will be provided to DCA upon receipt. Upon submittal of a site plan for development of the property, a traffic study will be required and traffic concurrency must be met. Water and Sewer: Water service is provided to the site via an 6" water main, which is located along the south side of the property on Depot Road. Sewer service is provided via a septic tank system. The drainage field is located along the south side of the property. Adequate fire suppression is provided to the site via an existing fire hydrant along the southeast side of the property. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population, based upon the current FLUM. Pursuant to the Public Facilities Element Policy A-1.1, existing septic tanks located in sewered areas throughout the City shall be removed from use as necessary pursuant to Florida Statutes. Since there are no sewer mains located adjacent to the property, these lines must be extended to serve the property when development occurs. o Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The property is surrounded on the north, south and west by MIC zoned property and/or existing industrial uses. The property to the east, adjacent to the 1-95 right-of-way, is zoned OS (Open Space). Since the subject property is proposed to also be zoned MIC, there are no compatibility issues with respect to the uses currently permitted within the zoning district. However, there is a concern with respect to the applicant's proposal to include 250-300 residential units within the project. Staff does not support the proposed text amendment, since residential development on the subject property will present noise concerns due to the close proximity of the site to 1-95 and Planning and Zoning Board Staff Report: July 17, 2006 Delray Depot - FLUM Amendment and Rezoning Page 5 the CSX railroad as well as compatibility issues regarding the surrounding Mixed Industrial and Commercial development pattern. o Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Although a site plan for the property has not been submitted, any future redevelopment of the subject property will have to occur in accordance with the City's Land Development Regulations. Based on the above, a positive finding with respect to compliance with the Land Development Regulations can be made. Future Land Use Map Consistency, 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 is discussed below. CONSISTENCY: Compliance with the performance standards set forth in LDR Section 3.2.2, along with the required findings in LDR Section 2.4.5{D) (5), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable performance standard of LDR Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: Zonina Desianation: Use: North MIC Vacant South MIC Industrial East OS and 1-95 Right-of-Wav Open Space West MIC Industrial The proposed MIC zoning designation of the property is consistent with the prevalent development pattern of the surrounding properties. As stated earlier, staff does not support the test amendment to allow residential development in this location. LDR Section 2.4.5{D) (5): Pursuant to LDR Section 2.4.5(D) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; Planning and Zoning Board Staff Report: July 17, 2006 Delray Depot - FLUM Amendment and Rezoning Page 6 (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant submitted a justification statement which states: "The Industrial zoning category currently applicable to the property is primarily designed to promote heavier industrial and industrial related uses. The MIC zoning also allows many of those industrial uses but further provides the flexibility to do a mixed use project containing not only industrial but retail, office, service and other similar uses as well. Thus, an MIC designation on the subject site will not preclude heavier industrial development but will allow a wider range of uses to be developed than is allowed under the current zoning". The proposed amendment to Commerce (CMR) Land Use Map designation and Mixed Industrial and Commercial (MIC) zoning are deemed compatible with the existing land use designations and the adjacent development pattern. The requested MIC zoning designation for the subject property is the same as that for adjacent properties. The use of the property for industrial, retail, and office purposes appears is consistent and compatible with the surrounding land uses. Therefore, a finding with respect to LDR Section 2.4.5(D)(5) can be made that the rezoning fulfills subsection "c". The property is not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: o Neighborhood Advisory Council o Progressive Residents of Delray (P.R.O.D.) o Jerry Franciosa o Carolyn Zimmerman Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed amendment will change the FLUM designation of the property from an Industrial classification to a Commerce designation that will afford additional flexibility in development of the property. In addition to industrial uses allowed under the I (Industrial) zoning district, the MIC Planning and Zoning Board Staff Report: July 17, 2006 Delray Depot - FLUM Amendment and Rezoning Page 7 (Mixed Industrial and Commercial) zoning district allows office and retail development. 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), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). Therefore, the proposed FLUM amendment and Rezoning can be recommended for approval based on the findings outlined in this report. Although the applicant has submitted a text amendment to also allow residential development on the property, staff does not support the request due to compatibility issues. A. Continue with direction; B. Recommend to the City Commission approval of the FLUM Amendment and Rezoning for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning' Findings), LDR Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan; or C. Recommend denial of the FLUM Amendment and Rezoning by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LOR Section 2.4.5(D)(5) (Rezoning Findings), LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards for Rezoning Actions) and the Goals, Objective, and Policies of the Comprehensive Plan. Move a recommendation of approval to the City Commission of the privately sponsored FLUM Amendment from IND (Industrial) to CMR (Commerce) and rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial) for the subject property located along Depot Road, north of the Old Train Station, between the CSX Railroad and 1-95, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan. Staff Report Prepared by: Estelio Breto, Senior Planner Attachments: . 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",.., ~ "0-;:;'" '6 > :; ~.~ ~ ='- ~ ~ g} ';; "5 0 .s ;:: 2 ~ 'g .5 o =bl)'-Eo ~. 11 ~ ~ .~ 8 ~ C1:1C5"Ou :::s It .;:::. ~ oS' ~ .c(I = = 00 Cfl c;; 0 'a ~'2]' 2 @,g fil-~, ~ ~ ~ ,; ,~ ~ ~t)bO c; ~ !n'~ 'g ~ ~;a fa ~ ~ .g .5~' ~ CI)~g- U)e!N8 gj a 0 :g, "-=<,,, zy::C" o t: u u ~~8" " o .., 'E' ~ " " o N co '=t -I LL '" '" '" " ,9 'i;j ,~ " .., 2 o 6 .....t!.c:!.- -;; 5 ~ " .c f- a i CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #7 Capital Improvement Element Existing Table CI-CIP, Five Year Capital Improvements Schedule For Projects> $25,000 5D#7 FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS> $25.000 RECREATION IMPACT FEE Delray Swim & Tennis - Bathroom 97,800 0 0 0 0 Delray Swim & Tennis Center Parking Lot 10,900 206,000 0 0 0 NW 1 st Avenue Park 0 0 0 80,000 0 Oakmont Park Imorovements 0 0 80,000 0 0 Miller Park Parking Lot Expansion 0 0 100,000 0 0 TOTALS: $108,700 $206,000 $180,000 $80,000 $0 BEAUTIFICATION TRUST FUND Medians - Palm Trail 25,000 0 0 0 0 Conllress Avenue 50,000 Comouterized Irrillation SYStem 25,000 50,000 50,000 50,000 0 Decorative Trash Containers 30,000 0 0 0 0 City Wide Tree Trimming - Equioment 0 0 133,000 0 0 TOTALS: $130,000 $50,000 $183,000 $50,000 $0 BEACH RESTORATION FUND SurveyS 36,130 37,575 39,078 40,640 42,265 Enllineerinll 0 0 0 0 278,500 Beach Tillinll 12,730 13,110 13,505 0 0 Sea TurUes Monitorioo 38,750 38,750 20,000 20,000 20,000 Dune RllVelletation 50,000 50,000 0 0 0 Uodate Geotech 0 0 0 0 150,000 TOTALS: $137,610 $139,435 $72,583 $60,640 $490,765 GENERAL CAPITAL IMPROVEMENTS Streets, Alleys, Parking Lots, Bridges & Sidewalks Street Resurfacinll 250,000 250,000 125,000 150,000 175,000 SidewaikslSwaleslBikeoaths 0 50,000 50,000 50,000 50,000 Homewood Blvd Bike Lanes Phase I 0 0 0 598,000 0 Sidewalks - Barwick Road 75,000 0 0 0 0 Sidewalks - Pineapple Grove 0 0 54,400 0 0 Downtown Parking Lots 0 0 0 0 184,000 Traffic Calmino 0 103,000 103,000 103,000 103,000 FEC X-ina Rehab 70,000 48,000 50,000 53,000 56,000 FEC Quiet Zones 0 600,000 478,800 479,500 198,400 FEC - SE & NE 1 st St SlOraal Rehab 350,000 0 0 0 0 Pedestrial Countdown SiOnals 0 30,000 0 0 0 Dixie Hillhwav-US 1 Connector 0 99,000 0 0 0 Osceola Park 800,200 0 0 0 0 SW 2nd Av - SW 1 st St to W Atlantic Av 0 236,800 0 0 0 Bridlle - Linton Blvd Tender House 183,400 SW 8th Avenue - SW 11th St to SW 10th St 144,900 0 0 0 0 SW 14th Allev Imorovements 333,500 0 0 0 0 Parkinll Meter Reolacements 130,000 0 0 0 0 NE 8th Avenue - North at Bond Way 0 56,900 0 0 0 E Atlantic Ave - Swinton Ave to NE 5th Ave Resurfacing 0 0 40,000 0 0 SW 1 st Av - SW 1 st St to W Atlantic Av 0 0 301,900 0 0 Black32 Alley 0 0 0 86,300 0 Building Constructlon/Rehabllitatlan Fire-RescueIPoiice Trainina Facilitv 0 50,000 0 0 0 Beautification SEINE 5th Av & 6th Av - SE 1st St to NE 1st St Phase I 1,900,000 0 0 0 0 SEINE 5th Av & 6th Av - SE 4th St to SE 10th St 0 850,000 5,000,000 0 0 SEINE 5th Av & 6th Av - NE 4th St to George Bush Blvd 0 0 850,000 5,000,000 0 SR A1A - E Atlantic to Georoe Bush Blvd 500,000 SR A 1A - Casuarina Rd to Atlantic Ave 500,000 W Atlantic Av - Ph IV - 12th Av to 10th Av 1,755,000 0 0 0 0 AUantic Avenue Gatewav Feature 295,600 0 0 0 0 SE 2nd St - S Swinton Av to FEC X-ing 0 0 0 268,000 0 Parks & Recreation Facilities Veterans Park Facilitv 0 0 40,000 0 0 Tennis Center-Rehab Clay Courts 30,000 60,000 90,000 60,000 60,000 Tennis Center-Reolace Stadium Seats 0 0 0 340,000 0 Tennis Center-Eauipment Storage Enclosure 0 0 0 0 25,000 Pomoev Park Root Replacement 325,000 0 0 0 0 Pomoev Park/Community Center Bleachers 0 40,000 0 55,000 0 Intracoastal Park 1,159,040 0 0 0 0 Intracoastal Park - US 1 Turn Lane 109,300 0 0 0 0 Intracoastal Park - Wall 60,000 0 0 0 0 Parks-Replace Plavground Equip - Miller 50,000 0 0 0 0 Parks-Parkino Lats & Roadwavs 0 0 0 0 120,000 Merritt Park 0 0 45,000 0 0 Miller Park-Fence Reolacement 0 0 131,000 0 0 Miller Park-Storaae Buildioo 0 50,000 0 0 0 Miller Park-Bleacher Renlacement 0 0 0 70,000 0 CI-28 FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS> $25,000 CommunltVCenter Gvm Roof Replacement 180,000 0 0 0 0 Neighborhood Parks - SW 6th Street - Rosemont 72,900 0 0 0 0 Neighborhood Parks - La Hacienda 83,700 0 0 0 0 Office Expansion/Park Maintenance 0 0 5,000 80,000 0 Atlantic Dunes Boardwalk 0 0 0 0 300,000 Cornell Museum Windows 0 0 141,000 0 0 Pocket Parks 0 0 0 0 100,000 Building & Equip. Renewal & Replacement City Commission Chambers Modemization 115,000 106,000 0 0 0 Buildino Maintenance 85,000 100,000 150,000 150,000 150,000 Roof Reoair & Reolacement 50.000 0 0 133,800 0 Other Reoair & Maintenance - Recamet N Wing City Hall 0 70,000 0 0 0 City Hall HVAC Unit 0 100,000 0 0 0 R&R-Comouter Eauioment 90,000 90,000 150,000 150,000 150,000 Administrative Services - Postaae Machine Replacement 0 28,200 0 0 0 Finance/MIS - Network Backup Solution 27,000 0 0 0 0 Finance/MIS - Citrix Metaframe Farm License 50,000 50,000 110,000 21,000 0 Fire - Additional Parking 0 120,000 0 0 0 Fire - MDT for FD Vehicles - Replacement 35,000 100,600 50,000 0 0 Fire - Space Allocation & Design 0 0 42,000 0 0 Fire - Firehouse Software & Server 0 38,000 0 0 0 Fire - Upgrade Generator FD Headauarters 0 0 100,000 0 0 Police - Training Room Remodeling 0 0 0 75,000 0 Police - Fire Supression System 32,000 0 0 0 0 Police - Laser Shot Firearms Simulator 27,000 0 0 0 0 Police - Briefing Room Renodelina 0 0 0 0 32,500 Police - Generator Reolacement 0 0 300,000 0 0 Police - Replacement Laptop Computers 0 30,000 152,200 152,200 152,200 Police - Space Studv 0 0 25,000 0 0 Polie! - Skid Car 0 0 45,000 0 0 Police - Omnitrak Latent Station 0 0 0 114,000 0 Police - Mobile Command Vehicle 0 0 0 0 189,000 Server Replacement 50,000 25,000 25,000 25,000 25,000 Replacement Intemal Buildino Data Cabling 0 400,000 0 0 0 San's Network Mirrorina between City Hall & Police 0 0 260,000 240,000 0 Other Miscellaneous Lifeguard Towers 0 119,900 0 0 0 Neighborhood Enhancement 428,000 250,000 200,000 200,000 200,000 Riverwalk Seawall 0 0 0 0 724,500 Parks - Exotic Species Reolacement 0 0 0 110,000 118,100 Beach Pavilion at A 1 A & Atlantic Avenue 0 0 175,000 0 0 Parks - Mobile Stage 0 0 0 115,000 0 TOTALS: $10,346,540 $4,151,400 $9,289,300 $8,878,800 $3,112,700 WATER/SEWER NEW CAPITAL OUTLAY SCRWTDB Pelletization Project 1,200,000 900,000 0 0 0 ESO Buildina Expansion 2,930,900 0 0 0 0 Transfer Public Arts - ESO Buildino Expansion 41,000 0 0 0 0 SCRWTOB Centrifuae 750,000 0 0 0 0 New ESD Entrance 57,500 0 0 0 0 W Atlantic Ave Phase IV 86,900 0 0 0 0 Sludae Thickener-Additional 0 460,000 0 0 0 Greenbrier Orive-Sewer 0 176,000 0 0 0 TOTALS: $5,066,300 $1,536,000 $0 $0 $0 WATER/SEWER CONNECTION FEES SCRWTDB Reclaimed Water Treatment Facility 2,425.000 1,325,000 0 0 0 Reclaimed Water Transmission SyStem 2,540,000 2,125,000 2,230,000 1,175,000 1,375,000 TOTALS: $4,965,000 $3,450,000 $2,230,000 $1,175,000 $1,375,000 WATER/SEWER RENEWAL & REPLACEMENT FUND 0.5 ma Elevated Water Storage Tank 15,500 15,500 15,500 15,500 15,500 Water Main Leak Repairs 0 75,000 75,000 75,000 75,000 Lift Station Rehabilitation 50,000 75,000 75,000 75,000 75,000 Meters - Radio Read on the Beach 113,000 0 0 0 0 Manhole Rehabilitation 50,000 50,000 50,000 50,000 50,000 Water Main Rehabilitation 130,000 250,000 300,000 300,000 300,000 Sewer Main Rehabilitation 200,000 375,000 500,000 500,000 500,000 Production Well Rehab 120,000 100,000 100,000 100,000 100,000 New Vaccan Truck 150,000 0 0 0 0 Clarifier Rehabilitation 210,000 0 0 0 0 Water Main-SElNE 5th & 6th Av-SE 4th St to NE 4th St 15,000 150,000 0 0 0 Water Main-SR A 1 A-E Atlantic Av to Pelican Ln 625,000 0 0 0 0 Water Main-SR A 1 A-Casuarina Rd to E Atlantic Ave 402,500 0 0 0 0 Water Main-Palm Trail Neighborhood Ph II 0 605,500 0 0 0 Water Main-Osceola Park 500,000 0 0 0 0 CI-29 FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS> $25.000 Water Main-Lake Ida Area 0 350,000 0 0 0 Water Main-SeasagelMelaleucalOleander 100,000 0 0 0 0 Sanitary Sewer Realignment - Old School Square 149,500 0 0 0 0 Water Main-SW 3rd St, 3rd Av & 6th Av 0 621,000 0 0 0 Water Main-SE 5th & 6th Av-SE 4th St to SE 10th St 0 42,000 281,300 0 0 Water Main- SW 1 st Avenue & SW 4th Street 0 293,000 0 0 0 Water Main-Eldorado Lane & Sunshine Drive 0 0 247,300 0 0 Water Main-SEINE 5th & 6th Av - NE 4th St to Georce Bush Blvd 0 0 18,800 125,000 0 Water Main-NW 12th St & Grove Way 0 0 682,900 0 0 Water Main-SE 1 st Av-SE 3rd St to E Atlantic Ave 0 0 323,500 0 0 Water Main-SW 11 th & SW 12th Avenue 0 0 323,500 0 0 Water Main-SW 10th Ave 0 0 0 233,600 0 Water Main- North Lake Ida Area 0 0 0 237,300 0 Water Main-Ocean Terrace & Coconut Row 0 0 0 183,300 0 Water Main-SW 15th Av 0 0 0 143,800 0 Water Main- NW 4th Av & NW 3rd Av 0 0 0 395,350 0 Water Main - Block 32 Alley 0 0 0 51,800 0 Water Main-NE 8th Avenue 0 0 0 0 304,000 Water Main-Delray Shores Neighborhood 0 0 0 0 1,239,800 Water Main - Seacrest Blvd - NE 8th Street Gulfstream Blvd 0 0 0 0 101,000 Wash Water Recoverv Basin Pioing 149,500 0 0 0 0 TOTALS: $2,980,000 $3,002,000 $2,992,800 $2,485,650 $2,760,300 MUNICIPAL GOLF COURSE Other Machinerv & Equipment 60,000 60,000 60,000 70,000 75,000 Roof Reolacement 390,000 0 0 0 0 TOTALS: $450,000 $60,000 $60,000 $70,000 $75,000 LAKEVIEW GOLF COURSE Other Mach. & EQuioment 0 0 0 0 25,000 TOTALS: $0 $0 $0 $0 $25,000 STORMWATER UTILITY General Stormwater Reoairs 47,900 52,500 52,500 52,500 52,500 Vac-Con Truck 100,000 0 0 0 0 Block 32 AIIev 0 0 0 57,500 0 Osceola Pari< 264,600 0 0 0 0 SW 2nd Avenue - SW 1 st Street to W Atlantic Ave 40,000 0 0 0 0 Lake Ida Area 0 90,000 0 0 0 SeasaaelMelaleucalOleander 600,900 0 0 0 0 Barwick Road 43,000 0 0 0 0 Block 64 Alley Imorovements 143,800 0 0 0 0 NW 12th St and Grove Way 0 0 121,000 0 0 SE 2nd St - S Swinton Ave to FEC X-ina 0 0 172,500 0 0 SW 1 st Ave-SW 1st St to W Atlantic Ave 0 0 198,500 0 0 Lowson & Homewood Roundabout 0 0 0 0 50,000 Seacrest Boulevard - NE 8th to Gulfstream Blvd 0 0 0 0 152,000 Thomas St Pumo Station Modifications 0 175,000 0 0 0 Pumc Station Rehab 0 300,000 300,000 300,000 250,000 Debt Service 53,550 53,508 53,836 54,071 54,215 TOTALS: $1,293,750 $671,008 $898,336 $464,071 $558,715 CENTRAL GARAGE FUND Vehicle Reclacement 870,000 900,000 1,100,000 1,100,000 1,350,000 Vehicle Restoration 70,000 70,000 90,000 95,000 100,000 Fire-ALS Rescue Replace 203,500 213,600 224,300 235,500 247,200 Fire-Eauioment Pumcer Ladder Reolacement 0 418,800 0 456,500 0 Fire-Soecial Operation Truck 380,400 0 0 0 0 TOTALS: $1,523,900 $1,602,400 $1,414,300 $1,887,000 $1,697,200 PARKS AND RECREATION BOND Old School SQuare - Land 4,852,720 0 0 0 0 Old School Sauare - Parking Structure 9,025,940 0 0 0 0 Old School Sauare - Other Improvements 150,000 0 0 0 0 Debt Service - Principal Payoff 0 3,000,000 0 0 0 TOTALS: $ 14,028,660.00 $ 3,000,000.00 $0 $0 $0 SPECIAL PROJECTS FUND Public Arts Prooram 57,300 0 0 0 0 TOTALS: $ 57300.00 $0 $0 $0 $0 [Table Revised by Amendment 05-2] CI-30 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #8 Capital Improvement Element Updated Table CI-CIP, Five Year Capital Improvements Schedule For Projects> $25,000 50#8 FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS> 525.000 RECREATION IMPACT FEE Delrav Swim & Tennis Center Parki"" Lot 275,000 0 0 0 NW 1st Avenue Park 0 80,000 0 0 0 Oakmant Park Improvements 0 80,000 0 0 0 TOTALS: $275,000 $160,000 $0 $0 $0 BEAUTIFICATION TRUST FUND Citv Wide Tree Trimmina - Eauioment 0 132,710 0 0 0 ComDuterized Irrieation System SO,OOO 50,000 50,000 SO,OOO 0 Germantown Road Beautification 75,000 0 0 0 0 Landscaoino East End of Atlantic Avenue 208,120 0 0 0 0 South Dixie Citv Entrance 30,000 0 0 0 0 TOTALS: $363,120 $182,710 $50,000 $50,000 $0 COMMUNITY DEVELOPMENT FUND ShiD Proaram-State Grant 599,910 0 0 0 0 CRA Easement Grant Proaram 108,000 0 0 0 0 Beac:on CIr - Villa"" proaram 853,620 0 0 0 0 P1annino Administration 117,440 0 0 0 0 Housino Rehab -Federal Grant 285,710 0 0 0 0 Miscellaneous Exoense 104,320 0 0 0 0 Grants and Aids - Federal Grant 89,990 0 0 0 0 Neiahborhood Housino 265,580 0 0 0 0 Manco DrivelReiale Dr-oavement 252,500 0 0 0 0 TOTALS $2,677,070 $0 $0 $0 $0 BEACH RESTORATION FUND Beach Tillino 13,110 13,305 0 0 0 Dune Revooetation SO,OOO 0 0 0 0 Past Construction Survev 37,575 39,078 40,640 42,265 308,960 EnaineerinolUodate Geotech 0 0 0 428,SOO 0 Final EnaineerinolBid & Noootiation 0 0 0 0 116,500 Sea Turtles Monitorino 38,750 20,000 20,000 20,000 20,000 TOTALS: $139,435 $72,383 $60,640 $490,765 $445,460 GENERAL CAPITAL IMPROVEMENTS A 1 A Streetscape Project 1,000,000 0 0 0 0 Barwick Park - Resod 0 0 0 20,000 40,000 Block 32 Alley Improvements 0 0 131,700 0 0 City Hall-Expansion-new Info Tech Building 974,400 0 0 0 0 City Hall-North Wing & Chamber Improvements 672,000 0 0 0 0 Dixie Hwy-US 1 Connector-construction 135,000 0 0 0 0 Douglas Avenue-Roadway Construction 212,000 0 0 0 0 Downtown Parking Lots-resurface, re-stripe, landscape 0 0 0 0 247,000 East Atlantic Avenue - resurfacing 0 0 0 80,000 0 FEC - SE 1 st Street Rehabilitation 84,100 0 0 0 0 FEC -Crossing Annual Rehabilitation Program 95,000 96,750 103,000 109,974 114,000 Finance/IT -Citrix Metaframe Farm License Purchase SO,OOO 110,000 21,000 0 0 Finance/IT-Mobile Units-WIFI HotSpots 38,000 0 0 0 0 Finance/IT-Replace Intemal Building Data Cabling 85,000 85,000 100,000 0 0 Finance/IT-Replacement of Computers & olr equip 100,000 100,000 100,000 150,000 150,000 Finance/IT -Server Replacement 25,000 25.000 25,000 25,000 25,000 FinancellT -Storage Array Network City HalVPoIice 0 260,000 0 0 0 Fire-Drafting Pit for pumper testing and training 0 35,000 0 0 0 Fire-Headquarters-Add'l Parking, land/paving 0 0 0 120,000 0 Fire-Headquarters-Qvrllead doorslWindows-Storm Hardening 215.000 0 0 0 0 Fire-Headquarters-Upgrd Generator-Design & Equip 0 0 15,000 250,000 0 Fire-Mobile Data Terminals New/Repl in1slline 112,SOO 52,SOO 0 112,500 112,SOO Fire-Mobile Vehicular Radio Repeaters 50,000 SO,OOO 25,000 0 0 Fire-Rescue Facility. Replace Telephone System 0 0 100,000 0 0 Fire-Rescue Headquarters-space eval & remodeling 15,000 0 60,000 0 0 Flre-Site Plan & Design Depot Ave 0 50,000 0 0 0 Fire-Special Events Response Vehicle, new 0 25,000 0 0 0 Fire-Sprinkler & Alarm System -SO Depot Avenue 0 0 40,000 0 0 Fire-Sprinkler & Alarm System-New Garage Facility 0 0 25,000 0 0 Fire-Station #1 Entry/Courtyard 0 0 0 0 301,500 Fire-Station #4 Replacement 2,723,500 0 0 0 0 Fire-Stations #2,#3-Roof Replacement 175,000 225,000 0 0 0 General Bulldina Maintenance. Citv Facilities 150,000 150,000 1SO,OOO 160,000 160,000 Homewood Blvd Bike Lanes-Ph 1 0 0 754,000 0 0 Lindell Blvd Traffic Calming 350,000 0 0 0 NE 8th Ave pavement- North of Bond Way 0 0 0 71,900 0 Neighborhood Enhancement 0 160,000 250,000 250,000 250,000 Old Germantown Road-Sidewalks 0 220,000 0 0 0 Old School Square Window Replacement 245,000 458,500 108,SOO 0 0 Old School Square.Park Improvements 200,000 2,500,000 0 0 0 Parking Meters - New Meters 600,000 0 0 0 0 Parks-Atlantic Dunes Boardwalk Replace & Repair 230,000 0 0 0 0 Parks-Atlantic Dunes Park-Boardwalk Construction 0 0 0 100,000 0 Parks-Atlantic Dunes Park-Exotic Species Replacement 0 128,100 0 0 0 Parks-Beach Pavilion replaced @ A1A & Atlantic Ave 0 0 0 0 200,000 Parks-Community CenterlPompey Prk-Replace Bleachers 0 0 0 105,000 0 Parks-Intracoastal Park, Ramp, prking lot, picnic area 2,606,000 0 0 0 0 Parks-Intracoastal Walerway-pockel ptks, landscpe 0 0 0 50,000 50,000 Parks-Maint Complex/Office Expand/Space 0 0 95,000 0 0 Parks.Merritt Park, curb, irrioale, sod, bleachers 0 0 50,000 0 0 CI-28 FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS> 525.000 Parks-Miller Park improvements/reconstruct 5,000,000 0 0 0 Parks-Pompey & Currie Parks - Press Box (2) 0 40,000 0 0 0 Parks-Pompey Park - Major League-repl outfieldlinfield 130,000 0 0 0 0 Parks-Pompey Park - Shade System 0 42,000 0 0 0 Parks-Teen Center RenovaUon 0 50,000 0 0 0 Pedestrian Countdown Signals 52,000 0 0 0 0 Pineapple Grove sidewalks paversllights install 0 108,600 0 0 0 Police Dept - 2nd Fir addition-oulside Evidence Rm 0 0 0 300,000 0 Police Dept. Firearms Training Simulator 0 146,475 0 0 0 Police Dept - Generator Replacement 0 0 350,000 0 0 Police Dept - Mobile Data Browser Software 122,700 0 0 0 0 Police Dept. Omnitrak Latent work station equip 0 0 0 114,000 0 Police Dept - Records Vertical Carousel F~ing Sys 44,340 0 0 0 0 Police Dept - Refurbish Police Parking Lot 0 0 100,000 0 0 Police Dept - Remodel Briefing Room 63,000 0 0 0 0 Police Dept - Remodel Training Room 0 0 110,000 0 0 Police Dept - Remove Wallpaper & Paint 0 65,650 0 0 0 Police Dept - Replace Laptop Computers 30,000 0 304,400 152,200 0 Police Dept - Skid Car for driver training 0 45,000 0 0 Police Dept - Space Study 25,000 0 0 0 0 Police Dept - Voice and Web court Systems 0 60,050 0 0 0 Rainberry Woods Neighborhood Enhance Ph II 241,500 0 0 0 0 Replace steel light poles - East Atlantic Avenue 0 0 80,000 40,000 40,000 R1verwalk Seawall 0 0 0 0 621,495 Rosemont Park 120,000 0 0 0 0 SE & NE 5th & 6th Av frm NE 4th SI. to Geo Bush Blvd 0 0 0 0 2,330,000 SE & NE 5th & 6th Av frm SE 4th 51 to SE 10th St 0 0 2,330,000 0 0 SE & NE 5th & 6th Av-SE 4th St to NE 4th St 400,000 3,400,000 0 0 0 SE 2nd St - S Swinton Ave to FEC x-ing 0 0 348,500 0 0 Seacrest B1vd-NE 8th St - Gulfstream BIvd-Street Reconstruct 0 0 0 0 360,000 SidewalkslBikepaths-removal & replace 0 50,000 50,000 50,000 50,000 Street ResurfaceIReconstruction-yrIy program 200,000 t 75,000 150,000 170,000 180,000 SW 14th Ave- SW2nd st to SW 1st Street 460,500 0 0 0 0 SW 1st Ave - SW tst St to W. Atlantic Avenue 0 358,600 0 0 0 SW 2nd Ave - SW 1 st St to W Atlantic Ave 358,600 0 0 0 0 SW 8th Ave - SW 10th St toSW 11th St 165,000 0 0 0 0 Tennis Center-Glay Court Rehab 80,000 60,000 60,000 60,000 60,000 Tennis Center-Stadium Seat Replacemnt 0 0 0 340,000 0 Tennis Cntr-Equipmnt Storage Enclosure 0 0 0 25,000 0 Traffic Calming-annual program 0 105,000 144,000 173,000 230,000 Veterans Park Master Plan-rework usage 0 0 0 40,000 0 W Atlantic Ave Ph III, IV -12th Av-6thAv 0 1,800,000 0 0 0 W Atlantic Ave-purchase litter containers 0 0 30,000 0 0 TOTALS: $13,615,140 $16,192,225 $6,255,100 $3,068,574 $5,521,495 WATER/SEWER NEW CAPITAL OUTLAY Douglas Avenue - New sanitary sewer system 85,000 0 0 0 0 ESD Comoound - orooertv line sceenino/access road 152,250 0 0 0 0 Greenbrier Drive Sewer - new sanitary sewer system 0 200,000 0 0 0 Mango Drive/Reigle Drive - new sanitary sewer system 35,000 0 0 0 0 Portable Generators 131 - fleet exoansion 83,664 91164 76,164 0 0 SCRWTDB Pelletization Proiect 1,148,420 0 0 0 0 Sludge Thickener-new 0 532,875 0 0 0 Transfer Public Arts - ESD Buildino Exoansion 2,250 7,875 0 0 0 Truck Acouisition 40,000 40,000 0 0 0 Well Flow Meters 63,000 0 0 0 0 Other Professional Services 45,000 45,000 45,000 45,000 45,000 Reclaimed Water Transmission Svstem 250,000 1,757,000 1,100,000 600,000 1,390,000 SCWTDB Redaimed Waler Treatment Facilitv 2,310,500 TOTALS: $4,215,084 $2,673,914 $1,221,164 $645,000 $1,435,000 WATER/SEWER RENEWAL & REPLACEMENT FUND Block 32 Water Main Imorovements 0 0 77,500 0 0 Block 64 water Main Imorovements 93,800 0 0 0 0 Clarifier Rehabilitation 250,000 0 0 0 0 Computer Equipment 26,900 0 0 0 0 Crestwood Drive Water Main Uoorade 116,500 Delrav Shores Neiahborhood Water Main uoarades 0 0 0 0 1,537,400 E1dorado Lane & Sunshine Drive Water Main upgrades 0 370,800 0 0 0 Elevated Water Storage Tank Maintenance 15,500 15.500 15,500 15,500 15,500 Lake Ida Area Water Main uoarades 390,000 0 0 0 0 lift Station #11 Generator 25,040 lift Station #4 Generator 25,040 LIfl Station #8 Generator 25,040 lift Station Rehabilitation 60,625 60,625 80,625 60,625 60,625 lift Station Rehabilitation #34 38,000 0 0 0 0 Lowsan Blvd. Force Main Replacement 310,000 0 0 0 0 Meters - Radio Read 113,000 0 0 0 0 NE 8th Avenue - NE 2nd Street to NE 5th Street 0 0 0 388,700 0 NE 8th Avenue - North to Bond Wav 0 0 0 83,500 0 North Lake Ida Area Water Main 0 0 0 308,400 0 North Repump Station Generator 66,480 0 0 0 0 NW 12th St & Grove Wav Water Main 0 685,900 0 0 0 NW 4th Av & NW 3rd Av Water Main 0 0 0 514,300 0 Ocean Terrace & Coconut Row 0 0 0 0 239,200 Owens Baker Truck piping Modification 54,000 0 0 0 0 Palm Trail Neiohborhood Ph II 0 0 672 800 0 0 CI-29 FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS> 525000 Production Well Rehabilitation 100,000 100,000 100,000 100,000 100,000 Sanitarv Sewer Manhole Rehabilitation 50,000 50,000 50,000 50,000 50,000 SE 1 st Av-SE 3rd St to E AUantic Ave 0 323,500 0 0 0 SEINE 5th & 6th Av - NE 4th St to George Bush Blvd 0 0 0 0 336,500 SEINE 5th & 6th Av-SE 4th St to NE 4th St Water Main 23,000 150,000 0 0 0 SE 5th & 6th Av-SE 4th St to SE 10th St 0 0 336,500 0 0 Seacrest Blvd - NE 8th Street to Gulfstream Blvd 0 0 0 0 83,500 SeasaoelMelaleucalOleander 345,000 0 0 0 0 Sewer Main Rehabilitation 375,000 500,000 500,000 500,000 500,000 SW 10th Avenue - SW 2nd St to W. Allantic Ave 0 0 0 303,600 0 SW 11th, 12th, 13th & 14th Avenue 0 0 0 808,750 0 SW15thAv 0 0 0 186,900 0 SW 1st Avenue & SW 4th Street 0 374,000 0 0 0 SW 3rd St, 3rd Av & 6th Av 0 702,000 0 0 0 Toro Lawn Mower- replacement 18,800 18,800 0 0 0 Wash Water Recoverv Basin Piping 150,000 0 0 0 0 Water Main Leak Reoaors 75,000 75,000 75,000 75,000 75,000 Water Main Up""'des - 1997 Water Main Uoarade Proaram 0 250,000 250,000 250,000 250,000 WTP - Stairwell & Deck Reolacement 30,000 0 0 0 0 TOTALS: $2,n6,725 $3,676,125 $2,137,925 $3,645,275 $3,247,725 MUNICIPAL GOLF COURSE Other Machinerv & Eoulpment 53,000 60,000 60,000 80,000 60,000 Debt Service Bonds 414,303 413,950 413,927 409,553 409,213 Debt Service -Cart Lease 36,000 36,000 36,000 36,000 36,000 TOTALS: $503,303 $509,950 $509,927 $505,553 $505,213 LAKEVlEW GOLF COURSE Other Machinerv & Eaulpment 0 325,000 0 0 0 Debt Service Bonds 249,860 250,024 244,470 223,720 220,141 Debt Service -Cart Lease 31,610 31,610 31,610 31,610 31,610 TOTALS: $281,470 $606,634 $276,080 $255,330 $251,751 STORMWATER UTILITY Barwick Road - Drainaae SYStem 102,600 0 0 0 0 Block 32 AlIev 0 0 86,000 0 0 Black 64 Allev Imorovements 253,750 0 0 0 0 Dixie Hwv - US1 Connector 135,000 0 0 0 0 Dolleral Road - Dralna"e Imrvnvement 0 0 0 0 86,000 General Storm Water Recairs 75,000 75,000 75,000 75,000 75,000 Manoo DrivelSW 7th Avenue 75,000 0 0 0 0 NE 8th Avenue - North of Bond Way 0 0 75,000 0 0 Rainberrv Woods 356,500 0 0 0 0 SEINE 5th & 6th Av - NE 4th 51 to George Bush Blvd 0 0 0 0 431,000 SEINE 5th & 6th Av-SE 4th St to NE 4th St Water Main 49,000 325,000 0 0 0 SE 5th & 6th Av-SE 4th St to SE 10th St 0 0 374,000 0 0 SE 2nd St - 5 Swinton Ave to FEC X-Ina 0 0 230,000 0 0 S Swinton Avenue /lJ) SWISE 4th St 0 0 0 186,500 0 Seacrest Boulevard - NE 8th to Gulfstream Blvd 0 0 0 0 97,500 SeasaoelMelaleucalOleander 300,000 0 0 0 0 Storm Water Pumo Station Rehab 250,000 250,000 250,000 250,000 250,000 SW 1st Ave-SW 1st St to W Atlantic Ave 0 215,500 0 0 0 SW 2nd Av - SW 1st St to W Atlantic Ave 201,000 0 0 0 0 SW 8th Av - SW 11th St to SW 10th St 45,000 0 0 0 0 SW 14th Ave - SW 2nd St to SW 1st St 74,500 0 0 0 0 Debt Service - Stormwater Note Interest 26,390 26,390 26,390 26,390 26,390 Debt Service - Stonnwater Note Principle 27,120 27,120 27,120 27,120 27,120 General Obliaations 774,160 797,385 821,306 645,946 871,324 TOTALS: $2,745,020 $1,716,395 $1,964,816 $1,410,956 $1,864,334 CENTRAL GARAGE FUND ESO Comolex Fuel Disoensers 28,486 0 0 0 0 Fire Aooaratus Reolace Brush Truck 0 0 0 0 303,800 Fire Apoaratus Replace Pumoers 440,200 493,000 0 0 522,600 Fire-ALS Rescue Replace 213,600 224,300 235,500 247,200 259,800 Police DeDI. - Mobile Command Vehicle 0 0 245,675 0 0 SWAT Van Unit #1721 ReDiace 0 86,350 0 0 0 Vehicle ReoIacement 683,959 718,157 1,000,000 1,000,000 1,000,000 Vehicle Restoration 70.000 70,000 90,000 95,000 100,000 TOTALS: $1,436,245 $1,591,807 $1,571,175 $1,342,200 $2,186,000 PARKS AND RECREATION BOND Bexlev Trail Communitv Park 500,000 0 0 0 0 Comel Park, install oalkino lot 50,000 0 0 0 0 Other Promotional Costs 225,000 0 0 0 0 Ea"les Park-Develoo cassive park 400,000 0 0 0 0 Pomoev Park - Cultural Connection 300,000 Pomoev Park - Buildin" Exoansion 800,000 Senior Center - Western Community Center 4,503,045 Senior Center - Western Community Center - Land 4,106,069 0 0 0 0 TOTALS: $ 10 "4 114.00 $0 $0 $0 $0 CI-30 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #9 Capital Improvement Element Existing General Fund and Expenditure Five Year Forecast Table 5D#9 GENERAL FUND REYENUE AND EXPENDITURE .. .FIVEYEAR FORECAST REVENUES (1) AD VALOREM TAXES AD VALOREM TAXES - DELlNQ SALES AND USE TAXES FRANCHISE TAXES UTILITY TAXES L1CENSESIPERMITS INTERGOVERNMENTAL CHARGES FOR SERVICES FINES & FORFEITURES INTERFUND TRANSFERS CONTRIB FRM OTHR FDS RECOVli:RY OF ADM COST MISCELLANEOUS (3) SUB-TOTAL P~IO~ YEA~ SURPLUS PRIOR YR ENCUMBRANCES TOTAL ~EVENUES ,.. ~, ESTIMATED ESTIMATED '" FY 01 FY 02 BUDGET ESTIMATED ESTIMATED ESTIMATED FY97 FY98 FY99 FYOO 19,806,840 20,661,367 21,177,901 21,707,349 103,340 103,340 103,340 103,340 1,525,600 1,571,368 1,618,509 1,667,064 3,002,000 3,092,060 3,184,822 3,280,366 5,174,000 5,329,220 5,489,097 5,653,769 1,996,320 2,056,210 2,117,8ge 2,181,433 4,913,750 5,061,163 5,212,997 5,369,387 3,561,050 3,e67,882 3,777,918 3,891,255 473,600 487,808 502,442 517,516 88,000 90,640 93,359 96,160 2,131,280 2,195,218 2,261,075 2,328,907 1,656,510 1,706,205 1,757,391 1,810,113 1,397,830 948,955 977 ,424 1,006,746 4S,830,120 46,971,435 48,274,171 49,613,407 79,778 56,23~ 40,007 15,895 172,108 46,082,006 47,027,668 48,314,178 49,629,302 22,250,032 103,340 1,717,076 3,378,777 5,823,383 2,246,876 5,530,469 4,007,993 533,041 99,045 2,398,774 1,864,417 1,036,949 50,990,172 50,990,172 22,806,283 103,340 1,768,589 3,480,141 5,998,084 2,314,282 5,696,383 4,128,233 549,032 102,016 2,470,738 1,920,349 1,068,057 52,405,527 52,405,527 EXrENDlTVRES 12) GENERALGOVE~N~ENT POLIOEDEPARtMENT FIRE DEPARTMENT r:>lANNING ANpZONING COMMUNITY IMPROVEMENT ENGINEERING ENV-$V~t;lB WORKS r:>ARKS & RECREATI.ON TRAN$FERS GRANTse.,MIScf ~P DEBT SERVlCE- G.O. DEBT SERVICE - UTILITY DEBT SERYICE ~ OTHER (3) . O. S: .;PROPOSED (4) CON'J",JNGENCY TOTAL EXP.ENDITURES ASSESSED VALUE -1000'S OPERATING MILLAGE - CURR DEBTMILLAGE - CU~RENT DEBT MII_LASE- P~OPOSED ESTIMATED TOTAL MILLAGE AD VAlO~~ TAXi::S 3,,750.972 13,717,848 9,309;864 751,609 2,133,323 371,363 1,706,472 5,471,309, 2,390,318 1 ;195,870 2,233,230 1,672.280 e38,67Q 3,8e3,501 14,129,383 9,589,160 774,157 2,197,323 382,504 1~757,66e 5,635,448 2,462,Q28 1,849,746 2,232,277 1,677,615 147,860 329,000 3,979,406 14,553,265 9,876,835 797;382 2,263,242 393,979 1,810,396 5,804,512 2,535,888 1,905,238 2,212,913 1,704,261 147,860 329,000 4,098,788 14,989,863 10,173,140 821,303 2,331,140 405,798 1,864,708 5,978,647 2,6.11,965 1,962,396 2,214,666 1,700,028 147,860 329,000 2,634,640 6.95 0.90 2,770,549 7.00 0.85 2,839,812 7.03 0.82 7.85 19,806,840 7.85 20,66t,367 (1) Ad Valorern Taxes are based on 2.5% growth; all other revenues are based on 3% growth. (2)expenditures an;! based on 3% grOwthwit~the exception of debt service which is based on actual. .(3) Redu~onin FYE 98i~due to the p8yotfofthe Bed.Tax Note in FYE 97. . . (4) Proposed Debt Service is based on principal of$2,500,OOO, 10 year term, at a rate of 5.75% for . funding of 800 mgz Communication Equipment. CI-12 .lh221.7!i2. 15;439,559 10:478,334 845,943 2,40t,074 417,972 1,920,649 · 6,158;006 ,.2,$90.324 2,021,268 2,212,914 1,705,024 147,860 329;QOO . '. .4'93 $O~990..1'l2' . 4,34.8,405 15,902,746 1.0,79t..f'>...1~. '.... 87 .., 2,47 /r 430,511 1,978,269 6,342,747 2,771,034 2,081,906 2,213,475 1,693,045 147,860 329,000 29,420 52,405,527 . 3,058,167 7.09 0.76 7;85 7.85 2Z,250,032 22,806.283 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #10 Capital Improvement Element Updated General Fund and Expenditure Five Year Forecast Table SO #10 GENERAL FUND REVENUE AND EXPENDITURE FIVE YEAR FORECAST REVENUES (1) AD VALOREM TAXES AD VALOREM TAXES - DELINQUENT SALES AND USE TAXES FRANCHISE TAXES UTILITY TAXES OTHER TAXES LICENSES/PERMITS INTERGOVERNMENTAL CHARGES FOR SERVICES FINES & FORFEITURES INTERFUND TRANSFERS CONTRIBUTIONS FROM OTHER FUNDS RECOVERY OF ADMINSTRATIVE COSTS MISCELLANEOUS SUB-TOTAL PRIOR YEAR SURPLUS PRIOR YEAR ENCUMBRANCES TOTAL REVENUES EXPENDITURES (2) GENERAL GOVERNMENT POLICE DEPARTMENT FIRE DEPARTMENT PLANNING AND ZONING COMMUNITY IMPROVEMENT ENGINEERING ENV SVC/PUBLlC WORKS PARKS & RECREATION TRANSFERS GRANTS & MISC. EXPENSE DEBT SERVICE - G.O. DEBT SERVICE - UTIL TAX DEBT SERVICE - NON AD VALOREM REV DEBT SERVICE - LEASE D. S. - NON AD VALOREM PROPOSED (3) CONTINGENCY TOTAL EXPENDITURES TOTAL INCREASE OVER THE PRIOR YEAR ASSESSED VALUE -1000'S OPERATING MILLAGE - CURR DEBT MILLAGE - CURRENT DEBT MILLAGE - PROPOSED ESTIMATED TOTAL MILLAGE AD VALOREM TAXES BUDGET FY07 58,326,660 81,000 1,550,000 4,558,250 4,475,000 4,500,000 4,109,060 7,876,740 6,327,120 1,022,900 25,000 2,964,050 2,179,570 3,049,410 101,044,760 364,530 101,409,290 7,740,307 26,390,845 21,279,887 1,851,596 3,504,723 754,056 2,924,071 12,640,586 13,825,043 2,390,909 3,504,630 1,634,790 1,509,030 349,710 1,109,107 101,409,290 ESTIMATED FY08 69,505,015 85,050 1,627,500 4,786,163 4,698,750 4,725,000 4,314,513 8,270,577 6,643,476 1,074,045 15,000 3,112,253 2,288,549 3,201,881 114,347,770 114,347,770 8,436,935 28,766,021 23,195,077 2,018,240 3,820,148 821,921 3,187,237 14,283,862 15,622,299 2,606,091 3,588,403 1,638,595 1,748,225 425,000 3,500,000 689,717 114,347,770 ESTIMATED FY09 76,096,251 89,303 1,708,875 5,025,471 4,933,688 4,961,250 4,530,239 8,684,106 6,975,650 1,127,747 15,000 3,267,865 2,402,976 3,361,975 123,180,394 123,180,394 9,196,259 31,354,963 25,282,634 2,199,881 4,163,961 895,894 3,474,089 15,569,410 17,028,305 2,840,639 3,587,978 1,002,720 1,728,983 425,000 4,175,000 254,678 123,180,394 ESTIMATED FY10 81,208,806 93,768 1,794,319 5,276,744 5,180,372 5,209,313 4,756,751 9,118,311 7,324,432 1,184,135 20,000 3,431,258 2,523,125 3,530,073 130,651,406 130,651,406 10,023,922 34,176,910 27,558,071 2,397,871 4,538,718 976,524 3,786,757 16,970,657 18,560,853 3,096,296 3,576,615 1,333,441 425,000 3,000,000 229,772 130,651,406 ESTIMATED FY 11 90,141,750 98,456 1,884,035 5,540,581 5,439,390 5,469,778 4,994,588 9,574,227 7,690,654 1,243,341 20,000 3,602,821 2,649,281 3,706,577 142,055,480 142,055,480 10,926,075 37,252,831 30,038,297 2,613,679 4,947,203 1 ,064,412 4,127,565 18,498,016 20,231,330 3,374,963 3,576,540 1,335,331 425,000 3,000,000 644,239 142,055,480 ~ ~ 8,410,413 6.86 0.44 7.30 58,326,214 9,251,454 7.50 0.41 7.91 69,505,015 10,176,600 7.50 0.37 7.87 76,096,251 11,194,260 7.30 0.34 7.64 81,208,806 12,313,686 7.40 0.31 7.71 90,141,750 (1) Ad Valorem Tax revenues are based on a 10.0% annual increase in the assessed valuation. All non ad valorem revenues are based on 5.0% growth. (2) Expenditures are based on 9.0% growth for all divisions with the exception of the Parks & Recreation Department and Debt Service Division. We projected 13% growth in FY 08 for the Parks and Recreation Department to account for an increase in the operating and maintenance expense relative to the new parks coming on line. Remaining fiscal years are at 9.0%. Debt Service is based on actual for existing debt service and projected debt service for proposed debt. (3) Proposed Debt Service is based on a proposed borrowing with a principal of $30,000,000,25 year term, a rate of 4.80% issued in FY 07 for the Old School Square Park and Parking Garage Project, the Western Senior Center as well as other various park and recreation projects. CI-12 NOTICE OF PUBLIC HEARING NOTICE OF COMPREHENSIVE PLAN CHANGE 2007-1 CITY OF DELRAY BEACH, FLORIDA The City Commission of the City of Delray Beach 'Hill consider the following ordinance: ORDINANCI;: NO 38-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PlAN AMEND- MENT2oo7-1, PURSUANHO THE PROVISIONS OFTHE 'LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243. INCLUSIVE; ALL AS MORE PARTICUlARLY DESCRIBED IN EXHIBIT 'A" ENTITLED 'COMPREHENSIVE PLAN AMENDMENT 2007.1" AND INCORPORATED HEREIN BY REFERENCE: PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. A PubUc Hearing regarding ComprehenBlve Plan Amendment 2007.1 will be held on TUESDAY.. FEBRUARY 8 2007 AT 7'00 PM (or at any continuation of such meeting which Is sat by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue. Delray Beach, Florida. The proposed TEXT AMENDMENTS to the Comprehensive Plan address the following subject matter; . Future Land UHElement - Modification cd the description of the Commerce FLUM designation to include provisions for residential develol3 ment within a designated overlay district, subject to the provision of workforc;e housing. This text amendment is privately Initiated in concert wlth the Depot Road property Future ~and Use Map Amendment. . Future Land UN Element - Modification of Mixed Use Categories to add a description for the new .Congress Avenue Mixed Use" deslgne tlon, including provl8ions fOt maximum densities and intensities, workforce housing and a transit-oriented de....elopment overlay near the trl-rail station and delete the deacrlptlon for the "Redevelopment Areas" designation; . Amendment of Table L-7. land Use Designation/Zoning Matrix, to accommodate the new Congress A....enue Mixed Use designation; . Future Land U.. Element. Modification of Policy A-7.2 to include the prOVision of workforce housing in the MROC (Mixed Residential Offj CommerciaQ zoning dlatrlct which encompasses the new Congress Avenue Mixed Use designation. Language has also been added to support a privately initiated text amendmenUo aUow residentIal development within workforce housing overlay districts in the CMR (Commerce) FLUM designation when a minimum of 25% of the units are workforce housing: . .Ftrture L8fld Use 6erll8nt"'~"Mo(:UflCatib'n ~f Policy A-7.4 to increase the time period for which workforce housing linits;ccifisti'uctedunder th .; f,amliY~~9reeH~"'Q.g ,rrwgrarn~....l:!4'!\ reraln affordable from 30 to 40 years; F~'h.\.'." !.;'~'-'Ji.~, T'I:' . : ,l=utUr'l ~d Use Element - ModificatIon of Policy A-2.4 to reflect elimination of the potential for automobile dealerships between NE 5th Stre ,~~r,ge.8u8hBoul~~~. '.. . ; . Future Lanc!.U" Element - ModJflcmlon of Policy A-l.9 to support the addition 01 a new mixed-use Future land Use Map designation an z_onlng district within the Congrell Avenue COfrldor; The new designation permits Commercial, Offic~ and R~sldentlal Development. _Originally, an overlay district was to be created and re~e.nti_aluses.were not considered. Provisions fOf maximum denSIties and Intensities have also been added to the policy. . Capital Improvement Element ~ Modify Table CI-CIP (5- Year Capital Improvements Schedule For Projects> $25,000) to reflect adoption of th FY 2007-2011 Cap/tal Improvement Program. . Capital Improvement Element - Modification of the General Fund Revenue and Expenditure Five Year Forecast Table to reflee1the curre Planning period. ... Coastal Management Element. Modiflcetion of Policy C.s.5 (Reconstruction Necessitated by an Act of God) to allow commercial structures t be rebuilt to pre-diluter use, densities and heights when nonconforming structures within lhe Coastal Planning Area are destroyed by a natural disaster. Currently,thls policy applies only to residential, hotel, motel and resort dwelling unit structures, This text amendment Ylili expand these provisions 10 Include commercial structure.. Changes to lhe FUTURE LAND USE MAP (FLUM) involving foUl' (4) areas of land, will. aiso be transmitted as a part of Amendment # 2007-1. ....-..-"!'. tIUIICI!'N. gJ'J'LIlfJI; --.-~.- .J!< t:~ ." , .[~ -=~~J '''-'H''' '1 -'1 ~ ~ t ...................L:ii~...-- ------- NUlIPCIH.ClCILWl'I' LOCATION MAP NUMBER GENERAL LOCATION ACTION PARCEL SIZE IN ACRES A. Federal Highway area. betweeI1 NE 4th Street & Qeorge Buah Boul- evard & 700 & 707 NE .6th Avenue (former OC Taylor dealership lite) Generally located between NE 4th S1reet & George Bush Boulevard & eld8l'ldtng fr9m the FEe Railroad to approximately 112 block east 01 NE 61h Avenue. Generally located south 01 West Atlantic Ave, to the L-38 Canal, between Congress Ave. & the CSX Railway & Including the ConoreM Park, Congress Park South & OfIlce Depot d.....lopm.nts located on the west side of Congress Ave. FROM: GC (General CommEN'~ cia!) TO: CC (Commercial Core) 21.6 B. Congr8al Avenue Mixed Use FROM: TAN (Tran8itiona~ in part, CMR (Commerce) in ,part, CF (Commiinity Facilities) In part and GC (General CommerclaQ in part TO: eMU (Congress Ave Mllted Use) 225.5 c. Depot Avenue Property North of West Allantic Avenue. be- FROM: INO (IndustriaQ and OS tween Depot Road and CSX Rail.' (Open Space) road TO: eMA '(Commerce) West side of Barwick Road, north 'FROM: bounty M~5 (Medium of l-31 Canal DenSity Residential, 5 units per acre) TO: MD (Medium Density Resl- den1ial5-12 dulac) In part 3.18 9.0 D. CIty OWned Tract Adjacent. te, BexleyPIIl'k The City Commlaalon will ~ondpjct this Public Hearing for the purpose of the adoption of Comprehensive Plan Amendment 2007-1. A1llnterelted partl.. are In.'iited to.ettend the public 'hearing aiid' comment upon the Plan Amendment or submit their comments In writing to the Planning and Zonlng,Department. Further information concerning the proposed amendments can be obtained from the Planning and Zon. lng Department, City Hall, 100 N.W. 1st Avenue, Delray Beach. FL 33444 (email.atpzmaiJ@mydelraybeach.com) or by calling 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 _8 person .decldes to appeal any decision made by the City CommIssion with respect to any matter considered at this hearing, such person will need a record of the proceedings. and tor this purpose such person may need to ensure that a verbatim record of the proceedings Is made. which record includes the testimony and evidence upon which the appeal is based. The City does not provide or prepare such record pursuant to F.S. 286.0105. PUBLISH: Tueaday, January 30, 2007 Boca RatonlDelray Beech'News AD' NS0107513 CITY OF DELRAY BEACH Chevelle D. Nub/n, CMC City ClorI< OJ 0 " '" '" '" 0- ~ :;r ~ '" " or Z <l> ~ .:; " ~ @- '" " " '" w '" N '" '" --J i co g " * n 0 3 I~ ;<~""",,,,,,,'~"=.,,",="'.1.'..""'2I<':,,..,....,,,~=,.,,,,..........,.,_..~,;t"..;~,,,~;:,,-.:"'..............=,=..".:".""""",,""""""~i""""._,.....~.=.;.-y...."""...-"''''''-'1<'''''~'''''''''Vl... ,",".'l.'";>>"!=-~:s'N......'V.:.;<...-.:",,",...,.,,. c. c - ~ tlVI-et JO--'