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51-96 ORDINANCE NO. 51-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF D~raAY BEACH, FLORIDA, ADOPTING O~MP~$~ PLAN AMENDMENT 96-1A PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERA~T COMPREHENSIVE PLANNING AND LAND DEVELO~ PJ.~'%~ATION ACT", FLORI[1% STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED .'COMPREHENSIVE PLAN AMENDMENT 96-1A" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, known as the "Local Government Comprehensive Planning and Land Develo~nent 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 96-1/%"; and WHEREAS, the Plann/ng and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on June 10, 1996, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Develol~ent Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zon/ng Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 96-1A be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 96-1A was sutmnitted to an~ reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 96-1A was held by the City Commission on June 18, 1996, at which time it was authorized to be transmitted to the Depa~,~ent of Cc~m~ty Aff~s for required review; and WHEREAS, a report of Objections, Recommendations and Comments (CRC) has been received from the State Department of Community Affairs and said report has been reviewed by the Planning and Zoning Board, as Local Planning Agency; ar~ WHEREAS, follc~ing due public notice, the second of two required public hearings on Comprehensive Plan Amendment 96-LA was held on November 19, 1996, in accordance with statutory rec~,~ements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY Section 1. That the City Ccem~ssion 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 Develolm~_nt Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 96-1A", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 96-1A". Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of C~m;unity Affairs finding the amendment to be in compliance in accor~nce with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration C~,m-.1 ssion finding the ameD~lment 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 19th day of November , 19~6. ~ity Clerk First Reading November 5 ~ 19 9 6 Second Reading November 19, 19 9 6 - 2 - Ord. No. 51-96 EXHIBIT "A" to ORDINANCE NO. 51-96 CITY OF DELRAY BEACH FUTURE LAND USE ELEMENT 1) Location: Pg. III-G-27, Policy C-1.6 Policy C-1.6 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC Railroad right-of-way to the west, the easterly boundary of the CRA IRtraeeast~ ~A,.~ .... "" ""~ *h= '" .... "' ^' ~' ''~ e~...~., to the east, George Bush Boulevard to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small- scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Stabilization and Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The CRA will be the lead agency for the preparation of an Improvement Program for the North Federal Highway Corridor. The City, through its Planning and Zoning Department will provide support and assistance to the CRA in the preparation of the North Federal Highway Corridor Improvement Program. The program will, at a minimum address the following issues: · Improvement of the appearance of the area; · Identification of appropriate uses for parcels adjacent to Dixie Highway and the FEC railroad tracks; · Identification of and strategies for the elimination of inappropriate and marginal uses; · Provision for increases in permitted residential densities adjacent to the Intracoastal Waterway; · Directing smaller business operations to more concentrated areas; · Providing economic stimulation and investment in the area; Page 1 of 2 Comprehensive Plan Amendment 96-1A Page 2 · Creation of jobs; · Stabilization and preservation of residential neighborhoods through new development, redevelopment and the elimination of blight. The plan will be completed in FY 95~96. 4) Location: Pg. III-G-41, Land Use Categories COMMERCIAL LAND USES: There are two categories of commercial land use. Commercial Core: This designation is applied to the Community's Downtown area. It includes the '~/illage Center" development scenario described in the Future Land Use Element and graphically shown in Figure L.-8. The Commercial Core designation accommodates a variety of uses including commercial and office development; residential land use upper story apartments; older homes renovated to accommodate office use; and uses such as "bed and breakfast" establishment; and Industrial/COmmerce uses as proposed in the '¥illage Center" development scenario. ' General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Li,qht industrial type uses such as fabrication and assembly are permissible under this desi.qnation when located in the special overlay district between Federal Hi,qhway and Dixie Hi,qhway, north of N.E. 14th Street to the north City limit. Residential uses, unless they are in conjunction with a commercial use, are not permissible on land shown as general commercial on the Future Land Use Map. $:~adv~mp\g6-1A1 Exhibit "A" to Ordinance No. 51-96 Page 2 of 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # /0. A - REGULAR MEETING OF NOVEMBER 19, 1996 ORDINANCE NO. 51-96 (ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 96-1A) DATE: NOVEMBER 15, 1996 At the November 5, 1996, regular meeting, Ordinance No. 51-96 adopting Comprehensive Plan Amendment 96-1A was considered on first reading. After lengthy testimony anx~ discussion, the ordinance was passed absent the text amendment to the Future Land Use Element concerning the creation of a High Density Residential land use designation as well as the Future Land Use Map amendment applying that designation to the Yake property. Exhibit "A" to Ordinance No. 51-96 has been amended to reflect the action taken on November 5th. It now includes two text amendments to the Future Land Use Element. One clarifies the description of the North Federal Highway corridor boundaries. The second changes the description of the General Commercial land use category to allow for limited light industrial uses within the geographic area bounded on the west by Dixie Highway, on the east by North Federal Highway, between Lake Avenue (N.E. 14th Street) and the north City limits. Recommend approval of Ordinance No. 51-96 adopting Comprehensive Plan Amendment 96-1A, as modified, on second and final reading. 3-0 ref: agmemol 0 A PUBLIC HEARING ~11 I~ I~ld AN ORDINANCE OF THE CiTY MINION OF THE CITY OF DELRAY~ BEACH, FLOEtDA, REZONtNG AND ~CING ~ND PRESENTLY ZONED ~ (GENERAL ~ER- CIAL) DISTRICT IN THE CF (CO. UNITY FACILITIES) DI~ TRICT; ~ID ~ND BEING L~AT- ED ON THE E~T SiDE OF g.W ~H AVENUE APPROXf~TELY FEET ~RTH OF NUE, AS ~RE PARTiCU~RLY DESCRIBED HEREIN, AND AS~I. ATED WiTH GREATER ~UNT OL. IVE MI~IONARY BAPTIST CHURCH; ~END~NG ~ONING ~P OF DELRAY BEACH, FLORi. DA, I~?~ PROVIDING A GENERAL REPEALER C~USE, A ~VING ~TE. AN ORDINANCE OF THE CITY C~ MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ~ENDtNG AR- TICLE 4~, ~VER~Y AND ENVI. RONMENTAL ~NAGEMENT DI~ TRICT~, OF THE ~ND DEVELOP- MENT REGU~TtONS OF THE C~TY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION 4~.1(M), ~ EXEMPTION FOR HISTORIC PROPERTIES; TO AU- THORIZE AD VALOREM T~ EX- EMPTIONS FOR HISTORIC PROP- ERTIES; ESTABLISHING REQUIRE.~ MENTS AND PR~EDURES; DESI~ NATING THE H~STORIC PRESER-~ VATION BOARD TO REVIEW APPLI- ~TtONS AND ~KE REC~EN. ~TIONS TO THE CITY S1~; ESTABLISHING PENALTIES; PROVIDING A ~VING C~USE, A REPEALER C~USE, AND AN EF- FECTIVE ~TE. AN ORDINANCE OF THE CITY MI~ION OF THE CiTY ~ DELRAY BEACH, FLORID~ A~PTING CO~ PREHENSIVE P~N MEN~ENTI ~IA PURSUANT TO THE PROVl. SI~S OF THE ~AL ~VERN-~ MENT C~PREHENSWE P~N- ' NING AND ~ND DEVELOPMENT REGU~TI~ ~,FLORIDA STATUTES .SECTIONS THROUGH ~, INCLUSIVE; ALL AS ~RE PARTtCU~RLY ~RIBED IN EXHIBIT eA~ ENTI. T~D C~PREHENSIVE ~N~ENT ~IAe AND INCOR~ RATED HEREIN BY REFERENCE;: ~OVIDING A ~VING C~USE, A~ ~NE~L REPEALER C~USE, AND AN EFFECTIVE DATE. AN ~INANCE OF THE CI~ MISSION OF THE CITY ~ ~L~Y BEACH, FLORID~ ~END~NG SEC- TfO~ 4.4.~, ~ENERAL CIAL (~) DISTRICt, SUBSECTION ~(DJ, ~ONDITIONAL USES AND ,STRUCTURES ~LO~, AND SUBSECTION ~A.t(G), ~UPPLEMENTAL DISTRICT REGU. ~TIONS', OF THE ~ND DEVEL- OPMENT REGU~TIONS OF THE CITY OF DEL~Y BEACH, TO PPG VI~ FOR T~ NORTH FEDERAL HIGHWAY OVERLY DISTR~CT; ~ENDiNG ARTICLE 4~, · VER~Y AND ENVIRONMENTAL ~NAGEMENT DISTRICT~, ~D ~D DEVELOPMENT REGU. ~TIONS, BY ENACTING ~CTION 4~.7, ~HE ~RTH FEDERAL HIGH. WAY OVERLY DISTRICt, TO DE. FINE AND ESTABLISH ~D OVER- ~Y DISTRICT; PROVlOI~G ERAL REPEALER C~USE, A ~V- I~ C~USE, AND AN EFFECTIVE ~TE AN ORDINANCE OF THE CITY MISSION OF THE CITY OF DELRAY lEACH, FLORIDA, AMENDING OR. DINANCE ~ ENACTING CHAP- TER SI, ~GARBAGE AND TRASH', OF THE CODE OP ORDINANCES OF THE CITY OF DELRAY BEACH, BY A~aENO(NG SECTION 'DEFINITIONS', TO ADD AND DE- LETE CERTAI~ DEFINITIONS; BY AMENDING SECTIONS ~)UMPING ON PROPERTY OWNED BY OTHERS PROHIEITEC~, S1.2% ~UILDING MATERIALS', S1.~1, ~ERCIAL ~NDSCAPE ~WN ~INTENANCE BUSINESS; RESPONSIBILITY FOR 7R~ COL. LECTIO~, 51~, ~EGETATIVE W~TE', ~.~, 'BULK TRASH~, ~ONTAINERS ~EGU~REO FOR RESIDENTIAL ARO C~ERCIAL S~TE~, ~t~, ~INTENANCE OF C~TAINERS', ~.~, *P~CEMENT PRECOLLECTiON PRACTICES', ~.~, ~ONSTRUCTION AND DEM~ LITION SITES~, M.71, 'PAYMENT AND BILLING', M.~, *METHOD OF B~LL~G', ~L~, PAYMENTS; LIE~, AND · ERSON BIL~D FOR WATER SHALL BE RES~NS~BLE FOR CHARGES' TO PROVIDE C~RIFI. ~TION; aY ~ENOraG SECTION ~.11, qYPES OF SERVICES PR~ VIeD FOR PICKING UP GARBAGE AND TRASH', TO PROVIDE C~RI. FI~TION AND PROVIDING THAT] THE SUBDiViSION ~ 'SPANISH WELLS SHALL RECEIVE REAR.~R~IDE-~R SERVICE A~D TO PROVIDE ~OR A CURB- WITH CENTRALIZED VEGETATIVE AND BULK PICKUP; BY lNG SECTION ~1.37, ~SE O~ OTHER UNITS AND CONTAINERS', TO VIDE FOR COLLECTIO~ ROLLOFF C~PACTORS FOR RESI. DEhTIAL U~ITS; BY %~TI~ 51~, ~EGULAR CHARG- ES LEVIE~, TO PROWOE A RATE FOR THE CURBSIDE DIS~SABLE VEGETATIVE AND BULK PICKUP: PROVIDING A ~VI~G C~USE, A GENERAL REPEALER C~USE, AND A~ EFFECTIVE ~TE, ~tim rK~d ~t~ ~ ~ti~y CITY' OF OELRAy BEACH CITY OF DELRAY BEACH~ FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ordinances at 7:00 p.m. on TUESDAY, NOVEMBER 19, 1996 (or at any continuation of such meeting which is set by the Commission), in the City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida, at which time the City Commission will consider their adoption. The proposed ordinances may be inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except holidays. All interested parties are invited to attend and be heard with respect to the proposed ordinances. ORDINANCE NO. 48-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED ON THE EAST SIDE OF N.W. 5TH AVENUE APPROXIMATELY 200 FEET NORTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND ASSOCIATED WITH GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 50-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION 4.5. ! (M) , "TAX EXEMPTION FOR HISTORIC PROPERTIES", TO AUTHORIZE AD VALOREM TAX EXEMPTIONS FOR HISTORIC PROPERTIES; ESTABLISHING REQUIREMENTS AND PBDCEDURES; DESIGNATING THE HISTORIC PRESERVATION BOARD TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION; ESTABLISHING PENALTIES; PROVIDING A SAVING CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 51-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 96-1A PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALT. AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED COMPREHENSIVE PLAN AMENDMENT 96-1A" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALm. R CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 53-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) .DISTRICT", SUBSECTION 4.4.9 (D) , "CONDITIONAL USES AND STRUCTURES ALLOWED" , AND SUBSECTION 4.4.9(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE NORTH FEDERAL HIGHWAY OVERLAY DISTRICT; AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", OF SAID LAND DEVELOPMENT REGULATIONS, BY ENACTING SECTION 4.5.7, "THE NORTH FEDERAL HIGhT~AY OVERLAY DISTRICT", TO DEFINE AND ESTABLISH SAID OVERLAY DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 55-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 33-96 ENACTING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.01, "DEFINITIONS", TO ADD AND DELETE CERTAIN DEFINITIONS; BY AMENDING SECTIONS 51.02, "DUMPING ON PROPERTY OWNED BY OTHERS PROHIBITED", 51.20, "BUILDING MATERIALS", 51.21, "COMMERCIAL LANDSCAPE OR LAWN MAINTENANCE BUSINESS; RESPONSIBILITY FOR TRASH COLLF. CTION", 51.22, "VEGETATIVE WASTE", 51.23, "BULK TRASH", 51.35, "CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL SITES", 51.39, "MAINTENANCE OF CONTAINERS", 51.40, "PLACEMENT OF CONTAINERS AND TRASH; PRECOLLECTION PRACTICES", 51.45, "CONSTRUCTION AND DEMOLITION SITES", 51.71, "PAYMF2Ff AND BILLING", 51.72, "METHOD OF BILLING", 51.73, "DELINQUENT PAYMENTS; LIEN", AND 51.75, "PERSON BILLED FOR ~ATER SHALL BE RESPONSIBLE FOR CHARGES" TO PBDVIDE CLARIFICATION; BY AMENDING SECTION 51.18, "TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE AND TRASH", TO PROVIDE CLARIFICATION AND PROVIDING THAT THE SUBDIVISION OF SPANISH WELLS SHALL RECEIVE REAR-DOOR/SIDE-DOOR SERVICE AND TO PROVIDE FOR A CURBSIDE DISPOSABLE BAG SERVICE WITH CENTRALIZED VEGETATIVE AND BULK PICKUP; BY AMENDING SECTION 51.37, "USE OF OTHER UNITS AND CONTAINERS", TO PBDVIDE FOR COLLECTION OF ROLLOFF COMPACTORS FOR RESIDENTIAL UNITS; BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE A RATE FOR THE CURBSIDE DISPOSABLE BAG SERVICE WITH CENTRALIZED VEGETATIVE AND BULK PICKUP; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide nor prepare such record. Pursuant to F.S. 286.0105. PUBLISH: Delray Beach News CITY OF DELRAY BEACH November 8, 1996 Alison MacGregor Harty City Clerk Instructions to Newspaper: This is a standard legal ad to be placed in the legal/classified section. Thank you. NOTICE OF COMPREHENSIVE PLAN CHANGE (COMPREHENSIVE PLAN AMENDMENT 96-1A) CITY OF DELRAY BEACH, FLORIDA Theordinance:City Commission of the City of Oelray Beach proposes to adopt the ,f°ll°wing ORDINANCE NO. 51-96 AN oRDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL- RAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 96-1A PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SEC- TIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPRE- HENSIVE PLAN AMENDMENT 96-1A" AND INCORPORATED HEREIN - BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. A public hearing on the ordinance will be held on TUESDAY. NOVEMBER 19. 1996. AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. At this meeting the City Commission will accept public testi- mony and will consider the adoption of Comprehensive Plan Amendment 96-1A. Comprehensive Plan Amendment 96-1A consists of amendments to the goals, objectives and policies of the Future Land Use Element based upon assessment of tasks accomplished, availability of resoUmes, and new information. The text amend- ments address the following subject matter: Amending the text of the Future Land Use Element to change the descrip- tion of the General Commercial land use category to allow for limited light industrial uses within the geographic area bounded on the west by Dixie Highway, on the east by North Federal Highway, between Lake Avenue (N.E. 14th Street) and the north City limits. Amending the text of the Future Land Use Element to change the geo- graphic boundaries of the North Federal Highway corridor as described in the ComprehenSive Plan. -*~ PARCEL MAP LEGEND ;~ GENERAL LOCATION SIZE IN ACRES Limited Light Industrial Bounded on the East by North 26+ · Uses Overly Area Federal Highway; on the West by Dixie Boulevard; between Lake ~ Avenue (N.E. 14th Street) and the north City limits. All interested citizens are invited to attend the public hearing and comment upon t Comprehensive Plan Amendment 96-lA or submit comments in writing on or before the date of this hearing to the Planning and Zoning Department. Copies of the pro- i posed amendment to the Comprehensive Plan are available at the Delray Beach Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 407/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECI- SION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MA'I-I'ER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 285.0105. PUBLISH:THE NEWS ' CITY OF DELRAY BEACH November 14, 1996 'Alison MacGregor Harty Ad #717838 City Clerk NOTICE OF COMPREHENSIVE PLAN CHANGE ,CITY OF DELRAY BEACH~ FLORIDA The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 51-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF D~.T.RAY BEACH, FLORIDA, ADOPTTNG COMPREHENSIVE PLAN AMENDMENT 96-1A PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVEPA~T COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 96-1A" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE A public hearing on the ordinance will be held on TUESDAY, NDVEMBER 19, 1996, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. At this meeting the City Commission will accept public testimony and will consider the adoption of Comprehensive Plan Amendment 96-1A. Comprehensive Plan Amendment 96-1A consists of amendments to the goals, objectives and policies of the Future Land Use Element based upon assessment of tasks accomplished, availability of resources, and new information. The text amendments address the following subject matter: * Amending the text of the Future Land Use Element to change the description of the General Commercial land use category to allow for limited light iD~ustrial uses within the geographic area bounded on the west by Dixie Highway, on the east by North Federal Highway, between Lake Avenue (N.E. 14th Street) and the north City limits. * Amending the text of the Future Land Use Element to change the geographic bouD~ries of the North Federal Highway corridor as described in the Comprehensive Plan. MAP INSERT LEGEND INSERT All interested citizens are invited to attend the public hearing and comment upon Comprehensive Plan Amendment 96-1A or suhnit comments in writing on or before the date of this hearing to the Planning and Zoning Department. Copies of the proposed amendment to the Comprehensive Plan are available at the Delray Beach Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 407/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISIC~ MADE BY THE CIT~ COMMISSION WITH RESPECT TO ANY MAT~ER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: Delray Beach News CITY OF DELRA¥ BEACH November 14, 1996 Alison MacGregor Harty City Clerk ************************************************************************** Instructions to Newspaper: Per Florida Statutes, the minimum size of this ad is a 2 x 10 inch block. However, w~ do not want the map reduced any further from what is provided so that it will remain legible. Hence, we need at least a 2 x 10 inch ad, but recognize that it may have to be larger to accommodate the map. The headline (NOTICE OF CC~PREHENSIVE PLAN CHANGE / (CC~P~~ PLAN AMENDMENT 96-1A) / CITY OF DELRAY BEACH, FLORIDA) is to be in a type no smaller than 18 point. The ad is not to be placed in that portion of the newspaper where legal notices and classified advertisements appear. ~nank you. ref: COMPADV2 ILl 0 ~ 0 ILl 0 Z 0 · 'i- 0z'- .;- Ijj -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS 1 IMPLEMENTING PROVISIONS OF THE NORTH FEDERAL PLAN DATE: NOVEMBER 1, 1996 Since the next four items are so closely related, we recommend that the Commission conduct the required public hearings for Items 10 .A. 3. and 10.A.4. and at the same time accept comments on 10.A.1. and 10.A.2. At the close of the public hearing, a separate vote should be taken for each of the four items. The Planning and Zoning Board considered these matters on October 28, 1996, and voted as follows: (1) North Federal Highway Redevelopment Plan - unanimous recommendation of approval. (2) Comprehensive Plan Amendment 96-1A (including changes to the description of the North Federal area, creation of the High Density Residential land use designation and its application to the Yake property, and changes allowing for the light industrial overlay district along the F.E.C. railroad). Tie vote, 3 in favor and 3 opposed, with Mr. Carbone abstaining because of a conflict of interest regarding the light industrial overlay). (3) LDR Amendment creating the High Density Residential Zoning District - recommendation of approval by a 4 to 3 vote. (4) LDR Amendment allowing for the light industrial overlay - recommendation of approval by a 6 to 0 vote, with Mr. Carbone abstaining. pun , ,'.e. bppl,'P.z~D-r) ~Io gO-Ir=) re~: ac3memo 10 TO: DAVID T. HARDEN FROM: D~A~E D'OM1NGUEZ, DIRECTOR ~ DEPARTMENT OF PLANNIN~ AND~ONING ? SUBJECT: MEETING OF NOVEMBER 5, 1996 ADOPTION OF THE NORTH FEDERAL HIGHWAY REDEVELOPMENT PLAN; COMPREHENSIVE PLAN AMENDMENT 96-1A; AND CHANGES TO THE LDRS IMPLEMENTING PROVISIONS OF THE NORTH FEDERAL PLAN DATE: OCTOBER 30, 1996 The action requested of the City Commission is approval of the following items related to the North Federal Highway corridor: 1. The North Federal Highway Redevelopment Plan; 2. Comprehensive Plan Amendment 96-1A, including the response to the State's Objections, Comments, and Recommendations (ORC) Report; 3. Amendment to LDR Sections 4.5 and 4.4.9 (Light Industrial Overlay); and 4. Amendment creating LDR Section 4.4.8 (High Density Residential District). B~KGRQ~ND Policy C-1.6 of the Comprehensive Plan Future Land Use calls for the preparation of a plan for the improvement of the North Federal Highway corridor. The policy states that the plan is to address a number of issues, including the area's overall appearance, identification of appropriate land uses and residential densities, measures to stimulate economic investment in the commercial corridor, and stabilization of existing residential neighborhoods. The proposed redevelopment plan addresses these issues through the following recommended actions: City Commission Documentation Actions Associated with the North Federal Highway Corridor Page 2 · Allow for increased residential density to provide a market base to support the commercial revitalization effort; · Allow a greater diversity of uses for commercial development through the use of a light industrial overlay district; and · Improve the image and physical appearance of the area through police support, code enforcement, neighborhood plans and beautification. These measures require changes to the Comprehensive Plan Future Land Use Element, the City's Future Land Use Map, and the Land Development Regulations. The attached Planning and Zoning Board staff reports contain a summary and analysis of each of these various elements associated with the implementation of the redevelopment plan. On October 28, 1996, the Planning and Zoning Board held a public hearing on the Redevelopment Plan, the Comprehensive Plan Amendment, and the associated LDR changes. Twenty-seven people addressed the board, fifteen of whom opposed or had concerns about the plan, and twelve of whom spoke in favor of the changes. The following is a summary of the comments made: · Six residents of the N. Federal area spoke in opposition, primarily because of the proposal to allow high density on the Yake property, and the potential impacts on their neighborhoods. · The Mayor and Town Manager of Gulf Stream expressed concerns about the high density land use being applied to the Yake property without having a specific site plan available. · Seven residents of other areas of the City, including representatives of PROD, Tropic Palms, and Tropic Isles, opposed the creation and application of the High Density designation, and expressed concerns about proposed CRA expenditures. · Eight area business/commercial property owners of the area spoke in favor of the plan because of the need for change and economic stimulation. · Four persons representing business and residential investor interests, including Pulte Homes, the Chamber of Commerce, Prudential Realty, and ZOM Companies (Yake property) spoke in favor, stating that the prospect of a redevelopment plan has generated a great deal of interest in the corridor. City Commission Documentation Actions Associated with the North Federal Highway Corridor Page 3 After discussion, the Board voted on the individual items as follows: 1. North Federal Highway Redevelopment Plan Unanimous (7-0) recommendation of approval. 2. Comprehensive Plan Amendment 96-1A, including: changes to the description of the North Federal area; creation of the High Density Residential land use designation and its application to the Yake property; and changes allowing for the light industrial overlay district along the F.E.C. railroad. Tie vote, 3 in favor and 3 opposed (Louis Carbone abstained because of a conflict of interest regarding the light industrial overlay). 3. LDR Amendment Allowing for the Light Industrial Overlay Unanimous (6-0) recommendation of approval (Louis Carbone abstained because of a conflict of interest regarding the light industrial overlay). 4. LDR Amendment Creating the High Density Residential Zoning District Recommendation of approval by a 4-3 vote. By separate motion, approve the following as attached: 1. The North Federal Highway Redevelopment Plan; 2. Comprehensive Plan Amendment 96-1A, including the response to the State's Objections, Comments, and Recommendations (ORC) Report; 3. Amendment to LDR Sections 4.5 and 4.4.9 (Light Industrial Overlay); and 4. Amendment creating LDR Section 4.4.8 (High Density Residential District). Attachments: · North Federal Highway Redevelopment Plan · P & Z Staff Reports for Amendment 96-1A and Associated LDR Changes (2) MEETING OF: October 28, 1996 AGENDA ITEM: ll.B. RECOMMENDATION TO THE CITY COMMISSION REGARDING THE ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 96-1A. The item before the Board is that of recommending to the City Commission those items that should be adopted as part of Comprehensive Plan Amendment 96-1A. The proposed Comprehensive Plan Amendment 96-1 was heard by the Planning and Zoning Board on June 10, 1996. It was transmitted to the Florida Department of Community Affairs (DCA) by action of the City Commission on June 18, 1996. In the transmittal letter, the City requested DCA to perform a complete review and produce an Objections, Recommendation and Comments Report (ORC) for only a portion of the proposed amendment. That portion included only the parts of the amendment related to the North Federal Highway Corridor Redevelopment Area. As a result, the amendment has been subdivided into two segments with separate DCA reference numbers. Plan Amendment 96-1A addresses the changes related to North Federal Highway; Plan Amendment 96-1B addressed the changes related to the Silver Terrace and Office Depot areas. Plan Amendment 96-1B was adopted by the City Commission on September 17, 1996. The item before the Board affects only Comprehensive Plan Amendment 96-1A. Comprehensive Plan Amendment 96-1A proposes three text amendments to the Future Land Use Element and one Future Land Use Map amendment (Yake Property). The items included in the amendment, in "strike through and underline" format, are attached. ll.B. P&Z Board Memorandum Staff Report Adoption of Comprehensive Plan Amendment 96-1A Page 2 The ORC Report contains three objections, all of which relate to the proposed Future Land Use Map amendment for the Yake Property. The objections focus on the need for information to demonstrate that the increase in density will not adversely impact hurricane evacuation and shelter space, public safety and investment. Staff has completed a detailed Response to ORC which provides the additional information to justify adoption of the proposed Plan Amendment without changes. Both the OP, C Report and the Response to ORC are attached. One change not previously review by the Board is included in the attached amendment. This is a clarification in the description of the North Federal Highway Corridor, found in Policy C-1.6. In addition, the description of the High Density Residential land use designation has been refined. The City Commission will consider the Board's recommendation when it acts on the adoption ordinance. The ordinance is scheduled before the City Commission for first reading on November 5th, and second reading on November 19th. Recommend to the City Commission that Comprehensive Plan Amendment 96- lA be adopted. Attachments: · Comprehensive Plan Amendment 96-1A · ORC Report · Response to ORC S:~adv~comp\961 PZ3 ORDINANCE NO. 51-96 AN ORDINANCE OF THE CITY CC~94ISSIC~ OF THE CITY OF DELRA¥ BE~H, FLORIDA, ADOPTING C(~P~S~ PLAN AMENDMENT 96-1A PURS~ TO THE PBDVISIONS OF THE "LOCAL ~ OC~PRE~SIVE PLANNING AND LAND DEVELOPMENT R~GULATION ACT", FLORIDA STATUTES SECTIONS 163. 3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "C~MP~SIVE PLAN AMENDMENT 96-1A" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, 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, d/d prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 96-1A"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on June 10, 1996, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zon/ng Board, as Local Plann/ng Agency, recommended to the City Cc~mission that the proposed Ccnprehensive Plan Amendment 96-1A be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 96-1A was suhnitted to and r~viewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 96-1A was held by the City Commission on June 18, 1996, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, a report of Objections, Recommendations and Comments (ORC) has been received from the State Department of Community Affairs and said report has been reviewed by the Planning and Zoning Board, as Local Planning Agency; and WHEREAS, following due public notice, the second of two required ~3blic hearings on Comprehensive Plan Amendment 96-1A was held on November 19, 1996, in accor~_~nce with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ~.RAY BEACH, FLORIDA, AS FOLI/YWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Devel~t Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section I of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 96-1A", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 96-1A". Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment to be 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 , 1996. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 51-96 CITY OF DELRAY BEACH FUTURE LAND USE ELEMENT 1) Location: Pg. III-G-27, Policy C-1.6 Policy C-1.6 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC Railroad right-of-way to the west, the easterly boundary_ of the CRA ,.,, ...... ,~ ~^~, ......... .~ ,~.~ 'r ...... ~ ~"~ ~ .... to the east, George Bush Boulevard to the south, and the north City limits to the north. The North Federal Highway Corridor Redevelopment Plan was adopted by the City. Commission on [DATE PENDING!. The plan establishes Future Land Use Designations. zonings, and special development standards for portions of the redevelopment area. Future development in the area must be in accordance with the provisions of the redevelo.oment plan. 3) Location: Pg. III-G-39, Land Use Categories RESIDENTIAL LAND USES: There are three four categories of residential land use. Rural Residential: This designation is applied to land which is currently in a rural state (no central water, central sewer, nor parcels less than one acre in area) and which are to remain in such a state. Agricultural uses and the keeping of livestock would be accommodated in these areas as would other uses which are appropriate in a rural; setting. Minimum lot sizes for residential would be three acres with other uses to be accommodated on parcels of not less than ten acres. Low Density, Stable: This designation is applied to land which is developed, or is to be developed at a density of five units per acre or less. Such land is usually developed for single family purposes although mixed residential uses may occur under a planned residential zoning district. Home ownership is characteristic of this designation. Where this designation exists, uses other than Iow density residential shall not be considered. Medium Density, Stable: This designation is applied to land which is developed, or is to be developed at a density between five and twelve units per acre. Such land is usually developed in planned communities or exists in older areas where there are duplexes or condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. Hi(~h Density_ Residential: This designation is to be applied to land which is deTvelooed, or is to be developed, at a density, between twelve and eighteef~ units Der acre. Such land must be inCluded within the Community. I:{edevelopment Area. or identified as a redevelopment area in the Comprehensive Plan. Application of the High Density. Residential land use designation is to occur in con!unction with the adoption of a redevelopmen~ plan. The base density_ of twelve units per acre may only be exceeded whe. the RH (High Density Residential) zoning district is applied, and th~ provisions of that zoning district are met. The RH zoning district shah establish minimum development standards for setbacks, height, and uni[ ~izes that are the same as those .provided in the RM (Medium Density. P~esidential) zoning district. Developments which exceed those minimun~ ~tandards will be elioible for increases in density_ above twelve units per acre~ The performance standards will also include such measures as architectural character and features, buffering of adjacent residential areas, provision o~ certain amenities, and similar measures to ensure that the development is one of hi(Ih (:!.uality. and is compatible with its surroundings. The RH zonin_u district will reo. uire that a conceptual site plan be processed concurrently, and adopted as part of the rezoning ordinance, following an advertised publiu hearing before the Planning and Zoning Board and the City Commission. The High Density Residential Land Use designation is not to be applied to property located east of the Intracoastal Waterway so that its application will not adversely affect coastal evacuation times. 4) Location: Pg. III-G-41, Land Use Categories COMMERCIAL LAND USES: There are two categories of commercial land use. Commercial Core: This designation is applied to the Community's Downtown area. It includes the "Village Center" development scenario described in the Future Land Use Element and graphically shown in Figure L-8. The Commercial Core designation accommodates a variety of uses including commercial and office development; residential land use upper story apartments; older homes renovated to accommodate office use; and uses such as "bed and breakfast" establishment; and Industrial/Commerce uses as proposed in the '¥illage Center" development scenario. General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district identified in the North Federal Highway Redevelopment Plan. Residential uses, unless they are in conjunction with a commercial use, are not permissible on land shown as general commercial on the Future Land Use Map. AMENDMENTS TO THE FUTURE LAND USE MAP 1. An amendment on 17.46 acres (Yake Property) from FLUM designation Medium Density Residential to FLUM designation High Density Residential in conjunction with the North Federal Highway Redevelopment Plan. S:~adv\comp\96-1A RESPONSE TO ORC FOR PLAN AMENDMENT 96-1A Introduction: The Florida Department of Community Affairs Objections, Recommendations, and Comments Report (ORC) contains three objections, all of which refer to the proposed Future Land Use Map amendment for the Yake Property. In summary, the objections focus on the lack of sufficient information to demonstrate that the proposed increase in residential density on the property will not adversely impact hurricane evacuation and shelter space, public safety and investment. I. Future Land Use Map Amendment City_ Response: The Yake property is a 17.46 acre parcel of land located on the west side of the Intracoastal Waterway north of George Bush Boulevard. The purpose of the proposed increase in maximum density is to promote redevelopment, and economic development in the area. As detailed in the North Federal Highway Redevelopment Plan, this area, located just north of the downtown, is severely under-developed. Increased density will provide the stimulus needed for redevelopment in accordance with the goals of the City, Treasure Coast Regional Strategic Policy Plan, and the Governor's Commission for a sustainable South Florida. The Yake Property is located at the extreme west edge of the Coastal High Hazard Area, as identified by Treasure Coast Regional Planning Council and, therefore, as defined in Rule 9J-5, F.A.C. However, its development at the proposed density will have no negative impacts on evacuation times or potential shelter space, since it is outside the evacuation area for a category 1 hurricane as established by the Palm Beach County Emergency Management Division. The State's requirements for Comprehensive Plans are expressed in Rule 9J-5 (Minimum Requirements for Review of Local Government Comprehensive Plans and Determinations of Compliance). The Rule contains the definition of Coastal High Hazard Area as follows: "Coastal high hazard areas" (also "high hazard coastal areas") means the evacuation zone for a category 1 hurricane as established in the regional hurricane evacuation study applicable to the local government. [9J-5.003(19)] Response to ORC for Plan Amendment 96-1A Page 2 The definition of the Coastal High Hazard Area in Rule 9J-5 cites the "regional evacuation study applicable to the local government". For Delray Beach, this study is the Florida Hurricane Evacuation Study for the Treasure Coast (Post, Buckley, Shuh & Jernigan, 1993). In the study is a map which highlights the category 1, 3, and 5 hurricane surge limits. Treasure Coast Regional Planning Council staff reports that the area shown for category 1 represents the Coastal High Hazard Area. The Yake Property lies adjacent to the western boundary of the mapped area. This boundary represents the western-most land affected by storm surge, as opposed to indicating a given degree of flooding. Land east of the boundary may, or may not be, wetted by storm surge of a category 1 hurricane, based upon its ground elevation. The Coastal High Hazard Area in the Delray Beach area is, therefore, based on vertical elevation as opposed to horizontal location. As a function of elevation, the Coastal High Hazard Area does not necessarily coincide with the local evacuation area. As an example, significant portions of the barrier island are not within the Coastal High Hazard Area due to their high ground elevations, but are within the area evacuated in a category 1 hurricane. These portions of the barrier island are evacuated because they can be isolated from emergency services, not because of the threat of flooding. The Yake property cannot be so isolated as a result of salt water inundation from a category 1 hurricane. Planning for hurricane evacuation is under the authority of the Palm Beach County Division of Emergency Management. The Division establishes the specific areas to be evacuated from an impending storm event. Evacuation orders are given county-wide, and must be easily understood on a geographic basis. Evacuation orders are based on close coordination with the National Hurricane Center. In practice, for a category 1 hurricane that is not expected to intensify before landfall, an evacuation order will be given for the barrier island and for mobile home parks. Therefore, only development on the barrier island has an effect on evacuation times in this storm category. This area would not include the vicinity of the Yake Property. Attached is a copy of the evacuation order for a category 1 hurricane as issued by the Palm Beach County Division of Emergency Management, and a letter from its director confirming that development of the Yake property will not adversely impact hurricane evacuation times or shelter capacity. In Delray Beach, three evacuation routes have been designated (Palm Beach County_ Comprehensive Emergency Management Plan). These are: George Bush Boulevard to 1-95 via Swinton Avenue and Atlantic Avenue; Atlantic Avenue to 1-95; and Linton Boulevard to 1-95. These evacuation routes can accommodate the population of the Coastal High Hazard Area with an evacuation time of 7-10 hours, as calculated by the Technical Data Report of 1994. Treasure Coast Regional Hurricane Evacuation Study. There are no constraints to evacuation other than localized street flooding along the evacuation routes and backlog traffic on 1-95 and the Florida Turnpike, the regional evacuation routes. Since evacuation times are currently acceptable, and the post- development population of the Yake Property will not be evacuated in the event of a category 1 hurricane, such development will not adversely affect evacuation times. Response to ORC for Plan Amendment 96-1A Page 3 There are three hurricane shelters within the City which have been designated by the American Red Cross. These shelters have a total capacity of 2,450 persons, based on a standard of 20 sq. ft. per person (Palm Beach County_ Com.orehensive Emergency Management Plan). Existing hurricane shelters are adequate to serve the needs of the City in a category 1 hurricane (Technical Data Report of 1994. Treasure Coast Regional Hurricane Evacuation Study). Shelters designated and operated by the Red Cross are: · Atlantic High School (capacity 1,200) · Carver Middle School (capacity 350) · Temple Sinai (Reserve) (capacity 900) As previously stated, the Yake Property will not be included in an evacuation order in the event of a category I hurricane. Therefore, post-development population on this site will have no adverse impact upon potential shelter space. II. Consistency With State and Regional Comprehensive Plans A. State Comprehensive Plan City_ Response: The proposal for a higher density residential category is grounded in sound planning principles. The Governor's Commission for a Sustainable South Florida, and Eastward Ho! (its implementing initiative) focus on redevelopment, infill development and economic development. Treasure Coast Regional Planning Council's Strategic Regional Policy Plan (SRPP) expresses the model and goals for regional development, focusing, in built up areas, on compact urban development. Redevelopment planning and a higher density residential category fit into these system- wide plans and the goals of the City. The factors of the equation are services, transportation, schools, natural resources, economic development and tax base. The sum of the factors is quality of life. Higher residential density, as a tool for growth management, can: Response to ORC for Plan Amendment 96-1A Page 4 · Reduce urban sprawl. · Use existing resources efficiently. · Help make mass transit feasible. · Put a viable consumer base close to businesses. · Improve the efficiency of service delivery, reducing the per capita cost. · Provide housing in proximity to employment and essential services, controlling the cost of transportation. · Increase opportunities for neighborhood schools, decreasing the length and frequency of busing, and decreasing the cost of providing schools and student transportation. · Assist in environmental preservation by reducing the demand for the development of suburban land. · Accommodate alternative forms of transportation such as walking and bicycling. · Help revitalize urban areas. City_ Response: Development proposed for the Yake Property, as in any development proposal in the City, is required to meet minimum standards for water quality and quantity. These standards are applied through the South Florida Water Management District permit process and the requirements of the City's Land Development Regulations. Through the land use amendment process, the availability of land, water and other resources to meet demands has been analyzed and found adequate. The Coastal High Hazard Area is the evacuation zone for a category 1 hurricane as established in the regional hurricane evacuation study. In the Delray Beach area, this zone is defined in the Florida Hurricane Evacuation Study for the Treasure Coast (Post, Buckley, Shuh & Jernigan, 1993). The zone coincides with the category 1 hurricane surge limits, which are based on still water total storm tide heights. Storm tide heights for a category 1 hurricane in the area of the Yake Property are 6.3 NGVD. Total storm limits were determined by plotting still-water total storm tide surge elevations at mean high tide onto five foot contour interval U.S.G.S. quadrangle mapping. The accuracy and precision of the plotted limits were noted to be governed by the accuracy of the maps. Existing ground elevations on the Yake Property range from 2.3 to 12.2 NGVD, with a mean of approximately 7.0 NGVD. Existing adjacent streets are at or above 8.5 NGVD. Property improvements will be required to meet the minimum standards of the Land Development Regulations, South Florida Water Management District, and Federal Emergency Management Agency related to storm water management. These include setting finished floor elevations 18" above the road crown, or above the 100 year storm elevation, whichever is higher; and setting roadway elevations above the 10 year storm Response to ORC for Plan Amendment 96-1A Page 5 elevation. Combined with site grading, the development activities will raise the elevations on the property above elevation 6.3 NGVD. Therefore, in its post- development condition, the Yake Property will be above the category 1 hurricane surge limits and not subject to potential flooding by a category 1 hurricane. City_ Response; Public infrastructure, including water and sewer systems, streets and drainage are in place to serve the potential development of the Yake Property. Water and sewer treatment plant capacity is in place to serve the proposed maximum potential population. Therefore, no additional public infrastructure investment will be required to serve the proposed development. City_Response: The developer of the Yake Property will be required, through the provisions of the Comprehensive Plan and the Land Development Regulations, to provide the site- specific infrastructure to serve the proposed development. Improvements will include water and sewer line extensions, on-site roadways and off-site road improvements, and storm water management for the project. Impact fees will also be paid by the developer for schools, parks, traffic, etc. These fees will help offset the costs associated with providing these services in proportion to the benefits that will accrue to the development. City Response: Development of the Yake Property will have no impact on capital improvement planning by the City, or any other unit of government, for the reasons stated above. Site-specific improvements will be the responsibility of the developer, adequate public infrastructure already exists, there will be no additional impacts on evacuation routes or potential shelter space. Response to ORC for Plan Amendment 96-1A Page 6 B. Treasure Coast Regional Policy Plan City_ Response: As described in detail above, the Yake Property in its post-development condition will not be vulnerable to inundation from storm surge in a category 1 hurricane, and is not within the evacuation area for a category 1 hurricane. In fact, evacuation of such property that would not be affected by hurricane storm tide would needlessly increase the volume of traffic on evacuation routes and adversely impact the demand on shelter capacity. Therefore, this goal and policy do not apply to the Yake Property. City_ Response; The City has developed and implemented a number of strategies to protect against placing population at risk in coastal high hazard and floodplain areas. These include: · Construction and maintenance of a beach restoration and nourishment project to provide a buffer against damages from storm surge. · Construction and maintenance of a dune system to provide a buffer against damages from storm surge. · Adoption and implementation of the requirements of the Coastal Construction Control Line, Erosion Control Line, and Coastal Protection Ordinance. Adoption and implementation of storm water management standards to control flooding. Response to ORC for Plan Amendment 96-1A Page 7 Requirements in the Land Development Regulations and Comprehensive Plan to prevent increases in intensity on the barrier island that would adversely impact hurricane evacuation times and routes. Conclusion: Data and analysis demonstrates that increased density on the property will not adversely impact hurricane evacuation, availability of shelter space, public safety and public investment. Further, the data and analysis included in Proposed Comprehensive Plan Amendment 96-1A as transmitted, together with additional information included in this response, demonstrate that the proposed Future Land Use Plan amendment is consistent with the State Comprehensive Plan and the Treasure Coast Regional Strategic Policy Plan, and meets the requirements of Rule 9J-5 F.A.C. Therefore, the City may adopt the Plan Amendment as transmitted, without revision. Attachments: Evacuation order for a category 1 hurricane Letter from B.T. Kennedy S:~a~p\961AORC1 INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the City of Delray Beach proposed amendment to their comprehensive plan pursuant to s. 163.3184, Florida Statutes (F.S.). Objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida Administrative Code (F.A.C.), and Chapter 163, Part I1, 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 other external review agencies. If there is a difference between the Department's objection and 'the-external agency advisory objection or comment, the Department's objection would take precedence. Each of these objections must be addressed by the local government and corrected when the amendment is resubmitted for our compliance review. Objections which 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 of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments which follow the objections and recommendations section are advisory in nature. Comments will not form bases 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. 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 bases of Departmental objections unless they appear under the "Objections" heading in this report. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS EMERGENCY MANAGEMENT * HOUSING AND COMMUNITY DEVELOPMENT" RESOURCE PLANNING AND MANAGEMENT LAWTON CHILES JAMES F. MURLEY co,~, September 13, 1996 The Honorable Jay Alpren Mayor, City of Delray Beach 100 Northwest First Avenue Delray Beach, Florida 33444-2698 Dear Mayor Alpren: The Department has completed its review of the proposed City of Delray Beach Comprehensive Plan Amendment for (DCA No. 96-1A), which was received by the Department on July 3, 1996. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. i am enclosing the Department:s Objections, Recommendations and Comments (ORC) Report, issued pursuant to Rule 9J-11.010, Florida Administrative Code (F.A.C.). The issue identified in the Objections, Recommendations and Comments Report pertains to increased residential density in the coastal high hazard area. It is very important that the adopted plan amendment address these issues, -~nd all of the objections in the Department's ORC Report. Upon receipt of this letter, the City of Delray Beach has 60 days in which to adopt, adopt with changes, or determine that the County will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes, and Rule 9J-11.011, F.A.C. Within ten working days of the date of adoption, the City of De!ray Beach must submit the following to the Department: Five copies of the adopted comprehensive plan amendments; ,~-~,,'?'~ A copy of the adoption ordinance; . ~, ............... --~. A listing of additional changes not previously reviewed~ ~?' .. : ~ ~'~6 25SS SHUMArD OAK 8OULEVARD · TALLAHASsEE, FLOrlI;)..A?..,3~.2~9.9'-2'l O0 fLORIDA KEYS ^rea oF CRITIC~.L STATe CONCERN SOUTH FLORIDA reCoverY OfFICe GREEN SwAMP:AKEA OT £RITICAL STATe CONCERN fIeLD OFfICe P.O. Box 4022 FIELD OFFICE 2796 Overseas Hi§hwa)., Suile 212 8600 N.W. ]6[fi Slree~ 1 s s easl Sumr~rlin Marathon, Florida ])f)S0-2227 Miami, F~icb 311S9-4022 8adow, Florida j]8]0-4641 The Honorable JaY Alprin September 13, 1996 Page Two A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Depart ment's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the Treasure Coast Regional Planning Council. We would be happy to meet with you, or your designee, and your staff, to resolve these issues. Please contact, Greg Stuart, Planner IV, Roger Wilburn, Community Program Administrator or Charles Gauthier, AICP, Growth Management Administrator, at (904) 487-4545 if we can be of assistance as you formulate your response to this Report.. Sincerely, ;~o/~.J' Thomas Beck, Chief Bureau of Local Planning JTB/gsc Enclosure: Objections, Recommendations and Comments Report Review Agency Comments cc: Ms. Diane Dominguez, Director of Planning & Zoning Mr. Michael Busha, Executive Director, Treasure Coast Regional Planning Council DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS FOR THE CITY OF DELRAY BEACH Amendment 961A September 13, 1996 Division of Resource Planning and Management Bureau of Local Planning Objections, Recommendations, and Comments Report City of Delray Beach 96-1A I. Future Land Use Map Amendment Objection: The City did not provide a justification for the Proposed increase in residential density within the coas*al high hazard area and did not provide data and analysis demonstrating the potential impacts to evacuation times and potential shelter space that would be affected (Rule 9J-5.006(3)(b)5, 9J-S.006(3)(b)5, and 9J-11.007(1), F.A.C.). Recommendation Provide a justification for the proposed increase in residential density within the coastal high hazard area and provide data and analysis demonstrating the potential i:.,3pacts to evacuation times and potential shelter space that will be affected. If the impacts associated with the increase in residential density has a negative affect on evacuation times and/or shelter space, the City should withdraw the amendment. · !!. Consistency With State and Regional Comprehensive Plans A. State Comprehensive Plan (1)Ob|ection: Future Land Use Map Amendment to the Yake Property is inconsistent with and does not further the goals and policies of the State Comprehensive Plan Chapter 187, Florida Statutes, for the following provisions (Rule.9J-5.021, F.A.C.): 1. Goal 16, (Land Use), Policies .1 and 6. 2. Goal 18 (Public Facilities), Policies 3, 4, and 7. Recommendation: Revise the Future Land Use Map Amendment to the Yake Property to be consistent with and further the goals and policies of the State Comprehensive Plan Chapter 187, Florida Statutes, for the above referenced provisions. B. Treasure Coast Regional Policy Plan (2)Obiection: Future Land Use Map Amendment to the Yake Property is inconsistent with and does not further the goals and the supporting policies of the Treasure Coast Regional Policy Plan, for the following provision (Rule 9J-5.021, F.A.C.): 1. Regional Goal Strategy 5.1.1; Policies 5.1.1.1 and 5.1.1.2. Recommendation: Revise the Future Land Use Map Amendment to the Yake Property to be consistent with and further the goals and the supporting policies of the Treasure Coast Regional Policy Plan, for the above refernced provision. Ms. Diane Dominguez, Director of 'Planning Zoning Department o~ Public Safety City of Delray Beach F. mergency Manafenxent 100 N.W. 1st Avenue ~72~ Be~dere~ad Delray Beach, FI 33444 Palm Beach. FL 3~406-1594 (561) 2~-~5oo Re: YAKE PROPERTY ~x: (561) ~89-6~8o This is to confirm that development of the "Yake Property", as shown on the. attached location map, would not adversely impact evacuation times or the availability · of potential shelter space in a category 1 hurricane. As a matter of fact, requiring evacuation of this area ~dmBezchCoun~ would increase evacuation times unnecessarily by adding ao~d o~ ~oun~ vehicles to the evacuation routes and would also increase Commissioflers the capacity demand for hurricane shelters. Kc.k Foster. Chairman If adjacent streets to this property are above 8.5 NGVD, Burr Aaronson.¥iceChairman and local ordinance and federal regulations require the' built-upon property to be above the crown of the road, KarenT. marcus such property 'is not subject to tidal inundation .by a ca~o~ A. ~ot~ns Category I Hurricane. Warren H. N ewel! Planning for hurricane evacuation is under the authority of Palm Beach County Division of Emergency Management. ~=y~¢carry The Division establishes the specific areas to be ~uae Fora We evacuated from an impending sto£-~- event. Evacuation orders are given county-wide, and must be easily understood on.a geographic basis. Evacuation orders are based on close coordination with the National Hurricane CountT Administrator Center. In practice, for a category 1 h.urricane that is Roben Weisman, P~F. not expected-to intensity before landfall, an evacuation order will be given for the barrier island and for mobile home parks. Therefore, in Delray Beach, only development on the barrier island or in mobile home parks have an effect on evacuation times in this storm category. This area would not include the vicinity of the Yake Property. Sincerely, B.T. Kennedy, Jr.', ~~ Director, Palm Beach County Division of Emergency Management ~ ~ I99,6 '/in ~.quat Oppormnir~ ASSirma~¥¢ ACdOfl £mplo]~r' BTK: a r PLAN N · o~ .....,-. (EVACUATION) ~EDIA STATEMENT PALM BEACH COUNTY DIVISION OF EMERGENCY MANAGEMENT EVACUATION ORDER (CATEGORY I) AN EVACUATION ORDER HAS BEEN ISSUED BY COMPETENT AUTHORITY, EFFECTIVE AT THIS TIME, FOR THE FOLLOWING AREAS OF PALM BEACH COUNTY. ALL RESIDENTS RESIDING IN T~ AREAS EFFECTED ARE URGED TO EVACUATE IMMEDIATELY TO SAFE REFUGE. PERSONS WHO ELECT TO SEEK REFUGE IN ANANERICAN RED CROSS SHELTER SHOULD REPORTTO THEIR CLOSEST SHELTER WHICH HAS BEEN OPENED, AS ANNOUNCED BY THE RED CROSS. (PIO - RELEASE ATTACHMENT PROVIDED BY DIRECTOR OF EMERGENCY MANAGEMENT) ATTACHMENT'RELEASED Date ~ Mode Date T--~e Mode Date T--~ Mode Date ~ Mode Date ~-[me Mode (PIO - INITIAL AFTER EACH RELEASE) (EVACUATION) (TO BB USED FOR LANDFALLX~ HURRXCM~BS) ATTACHMENT u A # I CATEGORY I AI~ ~/iIER ISLANDS. ALL MOBILE HOMES. ALL OCCUPIED LAND AREA WITHIN THE PERIMETER OF THE HOOVER DYKE.