10-95 ORDINANCE NO. 10-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION IN THE COMPREHENSIVE PLAN FOR A
PARCEL OF LAND, AS MORE PARTICULARLY DESCRIBED
HEREIN, FROM GENERAL COMMERCIAL TO MEDIUM DENSITY
RESIDENTIAL; SAID LAND BEING LOCATED ON THE EAST SIDE
OF NORTH FEDERAL HIGHWAY, APPROXIMATELY 2,900 FEET
SOUTH OF GULFSTREAM BOULEVARD; ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE LAND USE PLAN AMENDMENTS; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the property hereinafter described is designated on
the Future Land Use Map in the Comprehensive Plan for the City of
Delray Beach, Florida, as General Commercial; and
WHEREAS, at its meeting of November 21, 1994, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, reviewed this item and voted 6 to 0 to recommend that the
Future Land Use Map designation be changed from General Commercial to
Medium Density Residential (5-12 du/ac); and
WHEREAS, it is appropriate that the Future Land Use Map in
the Comprehensive Plan be amended to reflect the FLUM designation of
Medium Density Residential (5-12 du/ac).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That the legal description of the subject
property is as follows:
The General Commercial land use plan designation
(comprising two acres) was placed on the 11.1! acre
site as a floating designation having no fixed land
location.
The property description of the overall 11.11 acre
site is as follows:
All of the North 324.04 feet of Lot 38, Section 9,
Township 46 South, Range 43 East, lying East of the
East right-of-way line of the Federal Highway, being
State Road No. 5, and extending to the Intracoastal
Waterway, lying and being in Palm Beach County,
Florida, as per Plat recorded in Plat Book 8, at Page
40, of the Public Records of Palm Beach County,
Florida.
Together With: Tract "A", Snow Hill, according to
the Plat thereof recorded in Plat Book 21, Page 83,
of the Public Records of Palm Beach County, Florida.
~ That the Future Land Use Map designation of the
subject property in the Comprehensive Plan is hereby changed from
General Commercial to Medium Density Residential.
~a~ That the City of Delray Beach elects to make
this small scale amendment by having only an adoption hearing,
pursuant to Florida Statutes Section 163.3187(1)(o)4.
~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ 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.
~_~ That this ordinance shall become effective as of
the date a final order is issued by the Department of Community
Affairs or Administration Commission finding the amendment in
compliance in accordance with Section 163.3184, Florida Statutes,
whichever occurs earlier. No development orders, development permits,
or land uses dependent on this amendment may be issued or commence
before it has become effective. If a final order of noncompliance is
issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming
its effective status, a copy of which resolution shall be sent to the
Department of Community Affairs, Bureau of Local Planning, 2740
Centerview Drive, Tallahassee, Florida 32399-21.00.
PASSED AND ADOPTED in regular session on second and final
reading on this the 21st day of Feb~_~~19~ _~
~City ~erk '
First Reading February 7, 1995
Second Reading February 21t 1995
- 2 - Ord. No. 10-95
--- MARINA CAY
,,,-.,., ,,,,,.,=,. F.L.U.M. AMENDMENT
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # IO.~. - MEETING OF FEBRUARY 21. 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 10-95
DATE: FEBRUARY 17, 1995
This is second reading and public hearing for Ordinance No. 10-95
which changes the Future Land Use Map designation from General
Commercial to Medium Density Residential for a two acre component
of an overall 11.11 acre site. The subject property is located on
the east side of North Federal Highway, immediately south of the
Delray Swap Shop, and was formerly known as Marina Cay.
When the Marina Cay SAD was established, a two acre "floating"
tract for commercial development was included. A commercial land
use designation was applied in order to accommodate this aspect of
the proposed mixed use development. A multi-family development
proposal is now anticipated for this property. Hence, the Future
Land Use Map needs to be amended.
The Planning and Zoning Board reviewed this item at public hearing
on November 21, 1994, and voted 6 to 0 to recommend that the FLUM
amendment be approved. At first reading on February 7, 1995, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 10-95 on second and final
reading.
ref:agmemo21
¢IT¥ OF DELRAY BEACH. FLORIDA
NQTICE OF LAND USE CHANGE
The City Commission of the City of Delray Beach, Florida, will
consider a proposed change to the Future Land Use Map for a two
acre component of an overall 11.11 acre parcel of land formerly
known as Marina Cay. The subject property is located on the east
side of North Federal Highway, approximately 2,900 feet south of
Gulfstream Boulevard, in Delray Beach. The proposal involves a
Land Use Plan Designation change FRQM General Commercial TO
Medium Density Residential 5-12 du/ac. The two acre General
Commercial designation is a "floating" designation with no
specific legal description.
The City Commission will conduct a Public Hearing on TUESDAY.
FEBRUARY 21. 1995. 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 intends to adopt
this amendment to the Future Land Use Map.
All interested citizens are invited to attend the public hearing
and comment upon the proposed Land Use Plan Amendment or submit
their comments in writing on or before the date of this hearing
to the Planning and Zoning Department. For further information
or to obtain copies of the proposed amendment, please contact
Jeff Costello at the 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 DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED
AT THIS HEARING, SUCH PERSON WILL NEED A RECORD OF THESE
PROCEEDINGS, AND FOR 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 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
February 15, 1995 Alison MacGregor Harty
City Clerk
Instructions to Newspaper: This ad is not to appear in the legal
advertisement section of the newspaper. The ad must be at least
one standard column wide and six (6) inches long. The headline
[CITY OF DELRAY BEACH, FLORIDA NOTICE OF LAND USE CHANGE] must
be an 18 point bold headline. Thank you.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /~'~"- MEETING OF FEBRUARY 7. 1995
FIRST READING FOR ORDINANCE NO. 10-95
DATE: FEBRUARY 3, 1995
This is first reading for Ordinance No. 10-95 which changes the
Future Land Use Map designation from General Commercial to Medium
Density Residential for a two acre component of an overall 11.11
acre site. The subject property is located on the east side of
North Federal Highway, immediately south of the Delray Swap Shop,
and was formerly known as Marina Cay.
When the Marina Cay SAD was established, a two acre "floating"
tract for commercial development was included. A commercial land
use designation was applied in order to accommodate this aspect of
the proposed mixed use development. A multi-family development
proposal is now anticipated for this property. Hence, the Future
Land Use Map needs to be amended.
The Planning and Zoning Board reviewed this item at public hearing
on November 21, 1994, and voted 6 to 0 to recommend that the FLUM
amendment be approved.
Recommend approval of Ordinance No. 10-95 on first reading.
ref:agmemo2!
LEGAL VERIFICATION FORM
FILE #: 95-002
PROJECT NAME:
LEGAL DESCRIPTION:
The General Commercial land use plan designation (comprising two
acres) was placed on the 11.11 acre site as a floating
designation having no fixed land location.
The property description of the overall 11.11 acre site is as
follows:
All of the North 324.04 feet of Lot 38, Section 9, Township 46
South, Range 43 East, lying East of the East right-of-way line
of the Federal Highway, being State Road No. 5, and extending to
the Intracoastal Waterway, lying and being in Palm Beach County,
Florida, as per Plat recorded in Plat Book 8, at page 40 of the
Public Records of Palm Beach County, Florida.
Together With
Tract "A" Snow Hill, according to the plat thereof recorded in
Plat Book 21, page 83 of the Public Records of Palm Beach
County, Florida.
SOURCE (of legal description): Survey dated 5/12/94
VERIFIED BY: ~ DATE
VERIFICATION REQ EDED BY JANUARY 31 1995.
LEGAL DESCRIPTION IN ORDINANCE (No. ) VERIFIED
PRIOR TO SECOND READING
VERIFIED BY: DATE
VERIFICATION REQUEST NEEDED BY 1995.
Ref/marlegl
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
_~~1~ ZONING
FROM: COSTEL O
PLANNER
SUBJECT: MEETING OF FEBRUARY 7, 1995
FIRST REAPING OF ORPINANCE NO. -9§ - SMALL SCALE
LAND USE MAP AMENPMENT FROM GENERAL COMMERCIAL TO
MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC FOR 2 ACRES OF
AN 11.11 ACRE SITE (FORMERLY KNOWN AS MARINA CAY).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance changing the
Future Land Use Map designation from General Commercial to
Medium Density Residential (5-12 du/ac).
The proposed amendment comprises 2 acres of an overall
11.11 acre mixed use development known as Marina Cay. The
subject property is located on the east side of North
Federal Highway, approximately 2,900 feet south of
Gulfstream Boulevard, immediately south of the Delray Swap
Shop.
BACKGROUND:
The proposal is to change the land use designation of the 2 acre
General Commercial component of the overall 11.11 acre parcel to
Medium Density Residential. The balance of the property has a
Medium Density Residential land use designation. The 2 acre
General Commercial designation is a "floating" designation with
no specific legal description. The designation was applied in
order to accommodate the commercial component of the Marina Cay
mixed use development.
A request to rezone the overall 11.11 acre parcel from SAD
(Special Activities District) to RM (Medium Density Residential)
is being processed concurrently with the FLUM Amendment and is
discussed in a separate Staff Report. If the FLUM amendment and
Rezoning are approved, a site and development plan submittal to
construct a multiple family development is anticipated. A
complete analysis of the FLUM Amendment is found in the attached
Planning and Zoning Board Staff Report.
City Commission Documentation
Meeting of February 7, 1995
First Reading of Ordinance No. -95 - Small Scale Land Use Map
Amendment for the Marina Cay Site
Page 2
This item was originally scheduled for first reading at the
Commission's December 6th meeting, however, the applicant
requested postponement in order to re-evaluate the market study
for the proposal. On January 25, 1995, the applicant requested
that the item be scheduled for first reading at the Commission's
February 7th meeting.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of November 21, 1994, the Planning and Zoning
Board held a public hearing in conjunction with review of the
requests. There was no public testimony in opposition to the
land use map amendment or rezoning to RM. The Board voted 6-0
(Ms. Young absent) to recommend that the request be approved.
RECOMMENDED ACTION:
By motion, approval of Ordinance No. -95 on First Reading,
setting a public hearing date of February 21, 1995.
Attachment:
* P & Z Staff Report and Documentation of November 21, 1994
* Copy of Ordinance No. -95
Y:CCFLUCA¥.DOC
· 'PLANNING & Z NING BOARD
C;TY; OF DELRAY BEACH --- STAFF REPORT---
MEETING DATE: November 21, 1994
AGENDA ITEM: V.D.
FFEM: Future Land Use Map Amendment (Small Scale) from
General Commercial to Medium Density Residential
(Former Marina Cay Site).
GENERAL DATA:
Owners ........................ EBJM Corporation
Applicant ..................... Jim Spooner
Siemens Group Realty Corporation
Location ...................... On tke east aide of North Federal Highway,
approximately 2,900 feet south Of Gulfstream
Boulevard, immediately south of the Delray
Swap Shop.
Property Size ................. 2.0 Acres
Current City Land Use Plan .... General Commercial with Large Scale Mixed
Use Overlay.
Proposed City Land Use Plan...Mediun Density Residential 5-12 du/ac with
Large Scale Mixed Use Overlay. Overlay will
be removed with CPA 95-1.
Current City Zoning ........... SAD (Special Activities District)
Proposed City Zoning .......... RM (Medium Density Residential)
Adjacent Zoning ....... '~orth: GC (General Commercial) and RS (Single
Family Residential - Town of Gulfstream)
; South: GC, ~M (Medium Density Residential)
and R-1-A (Single Family Residential)
East: OR (~ctdoor Recreation - Town of
'~ Gulfstream)
'.,' West: AC (Automotive Commercial}
Existing Land Use ............. Vacant property with 3 vacant single family
structures (formerly a mobile home/trailer
park).
Proposed Land Use ............. Potentially a 133-unit multiple family
develcpment.
Water Service ................. Available via main extensions from an
existing 12" water main along Federal
Highway.
Sewer Service ................. Available via main extensions and V oDo
· .' connection to existing lift station at
the scutheast corner of the
property.
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation on
a Small Scale Future Land Use Map Amendment from General
Commercial to Medium Density Residential 5-12 du/ac.
The proposed amendment comprises 2 acres of an overall 11.11
acre mixed use development known as Marina Cay. The subject
property is located on the east side of North Federal Highway,
approximately 2,900 feet south of Gulfstream Boulevard,
immediately south of the Delray Swap Shop.
PROJECT DESCRIPTION:
The proposal is to change the land use designation of the 2 acre
General Commercial component of the overall 11.11 acre parcel to
Medium Density Residential 5-12 du/ac. The balance of the
property has a Medium Density Residential 5-12 du/ac land use
designation. The 2 acre General Commercial designation is a
"floating" designation with no specific legal description. The
designation was applied in order to accommodate the commercial
component of a mixed use development known as Marina Cay.
A request' to rezone the overall 11.11 acre parcel from SAD
(Special Activities DistriCt) to RM (Medium Density Residential)
is being processed concurrently with the FLUM Amendment and is
discussed in a separate Staff Report. If the Future Land Use
Map Amendment and Rezoning are approved, a site and development
plan submittal to construct a multiple-family development is
anticipated.
BACKGROUND:
Prior to 1988, the subject property was in unincorporated Palm
Beach County. The property was the former location of a
trailer/mobile home park. Water service was provided via a well
system and sewage was accommodated via an on-site sewage
treatment plant. The site is primarily vacant with three vacant
single family structures located on the east side of the
property adjacent to the Intracoastal Waterway.
In June 1987, a development proposal was submitted for a large
scale mixed use project which, in addition to the property in
question, was comprised of the FIND (Florida Inland Navigational
District) and Delray Drive-In properties, immediately north of
and adjacent to the property. The southerly 11 acres (subject
property) had a C (Commercial) land use designation along
Federal Highway with the balance designated as MF-10 (Multiple
Family - 10 du/ac) and SF (Single Family). At that time, a Land
Use Map Amendment request was processed to change the
residential designations to commercial. During processing of
the application, the project was scaled back to include only the
subject property (south 11.11 acres). Concurrent with
processing of the land use map amendment, the Large Scale Mixed
Use overlay land use designation was created. The new overlay
designation, which had an underlying land use designations of
Commercial, Multi-Family and Single Family, was applied to the
property in December 1988.
P & Z Board Sta~ keport )
FLUM Amendment from General Comercial to Medium Density
Residential 5-12 du/ac for a Portion of Marina Cay Property
Page 2
On December 13, I988, the subject property was annexed into the
City with the GC (General Commercial), RM-10 (Multiple-Family
Dwelling District) and R-1-A (Single-Family Dwelling District)
zoning designations, pursuant to the City of Delray Beach
Enclave Act (Enclave 24) via Ordinance No. 145-88.
With the adoption of the City's Comprehensive Plan and Future
Land Use Map in 1989, the property was designated as Medium
Density Residential 5-12 du/ac with a Large Scale Mixed Use
overlay designation. The 2 acre General Commercial component
was not applied to the Future Land Use Map. On October 8, 1991,
the City Commission approved a corrective land use map amendment
to apply the 2 acre commercial component on the property. The 2
acre commercial component was applied as a "floating"
designation which had no specific location.
On August 27, 1989, the City Commission approved a rezoning
request to SAD (Special Activities District) together with a
conditional use and site plan to accommodate a large scale mixed
use development known as Marina Cay. The development proposal
consisted of 102 multiple family units, a 62 slip marina, 65,500
sq.ft, of retail/office/restaurant use, and private recreation
facilities including a health club.
On March 26, 1991, the City Commission approved an extension to
the Marina Cay SAD approval to August 22, 1992. A similar
request was approved by the City Commission on October 13, 1992
which extended the SAD approval to August 22, 1995.
On October 7, 1994, a request for a future land use map
amendment to change the 2 acre General Commercial component of
the property to Medium Density Residential 5-12 du/ac was
submitted and is now before the Board for action. A request to
rezone the overall 11.11 acre parcel from SAD (Special
Activities District) to RM (Medium Density Residential) is being
processed concurrently with the FLUM Amendment and is discussed
in a separate Staff Report.
LA~D USE MAP AMENDMENT ANAL Y S I S ~
This Future Land Use Map Amendment is being processed as a Small
Scale Development pursuant to Florida Statues 163.3187. This
statute allows any local government comprehensive land use
amendments directly related to proposed small scale development
activities may be approved without regard to statutory limits on
the frequency of consideration of amendment (twice a year),
subject to the following conditions:
* The amendment does not exceed either 10 acres of
nonresidential land or 10 acres of residential land with a
density of 10 units per acre or less;
* The cumulative effect of the amendments processed under
this section shall not exceed 60 acres annually; and,
P & Z Board Staf Report
FLUM Amendment from General Comercial to Medium Density
Residential 5-12 du/ac for a Portion of Marina Cay'Property
Page 3
* The proposed amendment does not involve the same property
owner's property within a 200 feet of property granted a
change within a period of 12 months.
The land use map amendment involves a 2 acre area, thus the
total area is less than the 10 acre maximum. The maximum
density allowed under the existing General Commercial
designation and proposed Medium Density Residential 5-12 du/ac
is 12 units per acres. Thus, there will be no change with
respect to the density allowed, however a reduction of intensity
will result by the elimination of the commercial component. The
amendment to Medium Density Residential 5-12 du/ac is being
processed concurrently with a rezoning request to RM (Medium
Density Residential) to accommodate a multiple-family
development.
This amendment along with other small scale amendments processed
this year will not exceed 60 acres. This property has not
previously been considered for a land'use amendment nor have any
of the same property owner's properties been granted a land use
change within 200 feet or within the last year.
COMPREHENSIVE PLAN POLICIES:'-
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objectives are noted.
Land Use Element Ob~ective A-1 - Vacant property shall be
developed in a manner so that the future use and intensity is
appropriate and complies in terms of soil, topographic, and
other, applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
A. Physical Considerations - The property has previously
been disturbed for the development of a mobile home
park There are no special physical or environmental
characteristics of the land that would be negatively
impacted by the proposed residences.
B. Complimentary with Adjacent Land Uses - The proposal
will be complimentary with the adjacent residential
uses to the south.
C. Fulfills Remaininq Land Use Needs - The proposed
development will help fulfill remaining land use needs
by providing a medium density residential development
in a redevelopment area, such as North Federal
Highway.
Conservation Policy B-2.5 - Whenever new development or
redevelopment is proposed along a waterway, a canal, an
environmentally sensitive area, or an area identified via Policy
B-2.1, an area equivalent to at least 10% of the total area of
the development shall be set aside in an undisturbed state or 25%
of native communities shall be retained pursuant to Treasure
Coast Regional Planning Commission Policy 10.2.2.2.
P & Z Board Star ~eport
FLUM Amendment from General Comercial to Medium Density
Residential 5-12 du/ac for a Portion of Marina Cay Property
Page 4
This policy is applicable as the property abuts the
Intracoastal Waterway. Although the entire site is in a
disturbed state, there are scattered Mangrove trees
within a drainage ditch along the north side of the
property. This policy will be further addressed with
review of a site and development plan proposal. As
previously stated, a rezoning of the property (entire 11.11
acre parcel) to RM is being processed concurrently. The RM
regulations require this development to provide a minimum
25% open space.
Community Redevelopment A~enc¥'s Redevelopment Plan
The proposed land use map amendment incorporates a portion of
the Community Redevelopment Agency's (CRA) sub-area #5,
identified in the CRA Plan. The North Federal Highway
Improvement Program calls for the following: improve the
appearance of the corridor; reduce and eliminate .marginal
inappropriate land uses; direct smaller business operations to
more concentrated areas; provide economic stimulation and
investment in the area; creation of jobs; and the stabilization
and preservation of the residential neighborhoods through new
development, redevelopment and the elimination of blight.
The land use plan amendment and concurrent rezoning should
result in the development of property which has remained vacant
and not well maintained for many years. Development of the
property as residential should provide further stabilization of
the existing neighborhood and should be a positive inducement to
the Federal Highway Corridor.
Land ~se Analysis:
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.
In conjunction with the Future Land Use Map Amendment, a
rezoning from SAD (Special Activities District) to RM (Medium
Density Residential) is being processed in anticipation of a
development proposal to construct a multiple-family complex.
The proposed Medium Density Residential 5-12 du/ac land use
designation, which is consistent with the balance of the
property, will allow the following zoning classifications: RM
(Medium Density Residential), RL (Low Density Residential), PRD
(Planned Residential District), and R-1 (Single Family
Residential). If the land use map amendment and rezoning are
approved, the current SAD ordinance for Marina Cay will be
repealed, thus the SAD will become void. In order to
re-establish a similar mixed use development, a land use map
amendment to accommodate the commercial component and rezoning
to SAD would be necessary.
P & Z Board Star. Report
FLUM Amendment from General Comercial to Medium Density
Residential 5-12 du/ac for a Portion of Marina Cay Property
Page 5
The subject property also has a Large Scale Mixed Use Overlay
designation. Pursuant to the Land Use Element of the
Comprehensive Plan, land which has a Large Scale Mixed Use
Overlay need not develop in such a manner, however it may
develop pursuant to the underlying (or base) land use
designation. Removal of the overlay will require an amendment
to the Future Land Use Map. As it covers the entire 11.11 acre
site, such an amendment would exceed the 10 acre maximum
permitted for Small Scale amendments. Thus, that amendment will
have to await the twice a year cycle, and will be processed with
Comprehensive Plan Amendment 95-1.
Adjacent Zoning Designations & Land Uses:
North of the subject property is zoned GC (General Commercial
and Town of Gulfstream RS (Residential Single Family); west is
zoned AC (Automotive Commercial); south is zoned GC, RM, and
R-1-A (Single Family Residential); and, east across the
Intracoastal Waterway is zoned Town of Gulfstream OR (Outdoor
Recreation).
The existing land uses to the north are the Delray Swap Shop and
a spoil area for dredg%n~ the Intracoastal Waterway [FIND
(Florida Inland Navigational District) property]; south is
Sande's Restaurant, a mix of single family and duplex
structures, and an 8-unit multiple family structure; west is a
vacant auto dealership; and east across the Intracoastal
Waterway is the Gulfstream Golf Course.
Compatibility with the adjacent residences is not a major
concern. The adjacent residences are predominantly multiple
family in nature. The proposed land use plan amendment is
consistent with the underlying land use designation of~ the
adjacent residences and is much less intense than what is
currently permitted.
Concurrency:
Pur6uant to Section 3.1.1(B), Concurrency as defined pursuant to
Objective B-2 of the Land Use Element of the Comprehensive Plan
must be met and a determination made that the public facility
needs of the requested land use and/or development application
will not exceed the ability of the City to fund and provide, or
to require the provision of, needed capital improvements for the
following areas:
Water & Sewer:
Water and sewer service is available adjacent to the property.
With future development any main extensions and/or upgrades will
be the responsibility of the developer. With the change from
commercial to residential, water and sewage flows will increase
from 2,000 gallons per day (commercial) to 5,300 gallons per day
(residential). The increased flows will not cause an adverse
impact on level of service standards.
P & Z Board Star Report
FLU~ Amendment from General Comercial to Medium Density
Residential 5-12 du/ac for a Portion of Marina Cay Property
Page 6
Drainaqe:
There are no problems anticipated with the ability of future
development retaining drainage on-site and complying with South
Florida Water Management District Standards.
Streets and Traffic:
Traffic generated by the most intensive Medium Density
Residential land use (multiple-family residential) will be
significantly less than that generated by development under the
General Commercial land use (retail use). A comparative traffic
analysis was conducted and concluded that a 2 acre commercial
development would generate 1,510 trips and a potential 24-unit
multiple-family residential development (2 acres X 12 du/ac)
would generate 168 average daily trips. Thus, a reduction will
be realized.
It is noted that the major roadway adjacent to the subject
property North Federal Highway, a State Principal arterial.
This roadway link (between George Bush Boulevard and Gulfstream
Boulevard), is currently operating at an acceptable level of
service. The Marina Cay mixed use development has a vested
traffic count of 4,495 average daily trips. Traffic generated
by the potential 133-unit multiple family development will
generate 931 trips, thus potential traffic will be reduced by
3,564 trips.
Parks and Recreation:
There are no parks and dedication requirements associated with
the current commercial land use designation. The proposed
residential designation will allow a maximum of 24 units (2
acres X 12 u/a). The additional units will not have a
significant impact with respect to level of service standards
for parks and recreation facilities. A parks and recreation
impact fee of $500 per unit will be assessed at the time of
building permit.
Solid Waste:
Trash generated by the proposed residential designation will be
substantially less than that generated by a commercial use. A
24-unit multiple family development would generate 53 pounds per
day whereas the retail use would generate 609 pounds per day.
Thus, development of these properties under the Medium Density
Residential 5-12 du/ac land use designation will not create an
adverse impact on this level of service standard.
REVIEW BY OTHERS:
The rezoning is not in a geographic area requiring review by the
HPB (Historic Preservation Board) or the DDA (Downtown
Development Authority).
P & Z Board Sta~ Report
FLUM Amendment from General Comercial to Medium Density
Residential 5-12 du/ac for a Portion of Marina Cay Property
Page 7
Community Redevelopment Agency
At its meeting of October 14, 1994, the Community Redevelopment
Agency reviewed and recommended approval of the land use plan
amendment.
Special Courtesy Notice:
Special notice was provided to Scott Harrington, Town Manager,
Town of Gulfstream.
Courtesy notices were provided to the following homeowner's and
neighborhood associations:
* North Federal Highway Task Team
* Beach Property Owner's Association
* Northeast Neighborhood
* Progressive Residents of Delray (PROD)
Public Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subjeg~ property. Letters of objection, if
any, will be presented at the Planning and Zoning Board meeting.
ASSESSMENT AND CONCLUSION:
The Future Land Use Map Amendment from General Commercial to
Medium Density Residential 5-12 du/ac is consistent with the
policies of the Comprehensive Plan and Chapter 3 of the Land
Development Regulations. The adjacent residences are
predominantly multiple family in nature (i.e. duplexes,
multiple-family structure). The proposed land use plan
amendment is consistent with the underlying land use designation
of the adjacent residences and will be developed at a similar
intensity. Development of the property as medium density
residential should be a pOsitive inducement to the Federal
Highway Corridor and provide for stabilization of the existing
neighborhood to the south.
ALTERNATIVE ACTIONS ~
A. Continue with direction.
B. Recommend approval of the Future Land Use Map Amendment
from General Commercial to Medium Density Residential 5-12
du/ac based upon positive findings with respect to Chapter
3 (Performance Standards) of the Land Development
.~ Regulations and policies of the Comprehensive Plan.
C. Recommend denial of the Future Land Use Map Amendment
from General Commercial to Medium Density Residential 5-12
du/ac with the basis stated.
P & Z Board Staf Report
FLUM Amendment from General Comercial to Medium Density
Residential 5-12 du/ac for a Portion of Marina Cay Property
Page 8
STAFF RECOMMENDATION:
Recommend to the City Commission approval of the Future Land Use
Map Amendment from General Commercial to Medium Density
Residential 5-12 du/ac based upon positive findings with respect
to Chapter 3 (Performance Standards) of the Land Development
Regulations and policies of the Comprehensive Plan.
Attachment:
* Location/Land Use Map
* Survey
YtFL~MCAY.DOC
STEMENS + RSSOC TEL:407-$62-9208 Dec 21,94 15::32 No.O02 P.01~~
Siemem Oroup ~ty Corp.
4800 North Federal Hi~,hway "
b'~ult~ 202E
Boca Ratoa, FL ~3431
(4¢0 ~2.~205 t*,~,x (4o7)
Decombor 21, 1994
Mr. David H~den, City Manager
Of Qco of tho City Clerk ¥ia Fax (40?) 243-3??4
City of Delta)' ]~ach
Delray Beach, Fir. 33444
RE: Application for ]Land Use Plan Amendment and Rezoning for Marine Cay
Deer Mro Harden,
We request an additional thirty (30) day, postponement for thc first reading of thc above
referenced application.
We still need to resolve some issues that have been brought to our attention regarding the
property end we are still re-addressing our market study. Therefore, wc require the
additional time to perform the additional research on thc propert7.
We look for ),our understanding on this matter and will appreciate your efforts in ~anting
us this postponement. If y,ou have any questions or comments please call me et (407) 362-
9205.
Sincerely,
Group Realty~ Corp.
Jeff Cost¢llo, S~mor Planner, via fax 243-7221'
SES/db
cc: City Clerk
City Attorney
Planning Director