Loading...
51-95 ORDINANCE NO. 51-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING INITIAL ZONING CLASSIFICATIONS FOR A PARCEL OF LAND KNOWN AS BLOOD'S GROVE ORCHARD, LOCATED SOUTH OF LINTON BOULEVARD AND EAST OF MILITARY TRAIL, AS MORE pARTICULARLY DESCRIBED HEREIN; SAID LAND HAVING BEEN ANNEXED TO THE CITY OF DELRAY BEACH BY ORDINANCE NO. 42-95; PROVIDING FOR THE ZONING THEREOF TO PRD-5 (PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT - 5 UNITS/ACRE) FOR A 51.71 ACRE PORTION OF THE LAND, TO RM-8 (MEDIUM DENSITY RESIDENTIAL - $ UNITS/ACRE) DISTRICT FOR A 28.29 ACRE PORTION OF THE LAND, TO OS (OPEN SPACE) DISTRICT FOR A 3.81 ACRE PORTION OF THE LAND, AND TO SAD (SPECIAL ACTIVITIES DISTRICT) FOR A 10.27 ACRE PORTION OF THE LAND; GRANTING SITE PLAN AND CONDITIONAL USE APPROVAL FOR THAT PORTION OF THE LAND TO BE ZONED SPECIAL ACTIVITIES DISTRICT; PROVIDING FOR REVIEW OF THE SPECIFIC SITE PLAN AND FUTURE SITE PLAN MODIFICATIONS BY THE SITE PLAN REVIEW AND APPEARANCE BOARD; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Norman W. Blood, Jr. and The Estate of Carolyn J. Blood are the fee-simple owners of the parcels of land as more particularly described herein; and WHEREAS, by voluntary petition of the fee-simple owners, said land was annexed to the City of Delray Beach, Florida, by Ordinance No. 42-95, passed and adopted on second and final reading by the City Commission, on September 5, 1995; and WHEREAS, the designation of a zoning classification is part of the annexation proceeding, and provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designations; and WHEREAS, the establishment of initial zoning was excluded from the annexation ordinance pending receipt of legal descriptions for each of the initial zoning classifications; and WHEREAS, said legal descriptions have now been provided; and WHEREAS, the Planning and Zoning Board reviewed the subject matter at public hearing on July 17, 1995, and voted 6 to 0 to recommend that the request be approved, based on positive findings with respect to Section 2.4.5(D)(1), Section 3.1.1 and Section 3.3.2 of the Land Development Regulations, and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELR~Y BEACH, FLORIDA, AS FOLLOWS~ Section 1. That Chapter 'I~o of the Land DeveloPment Regulations has Been followed in the establishment of the zonin~ classifications in this ordinance and the tract of land hereinafter described as Parcel 1 is hereby declared to be in ~oning District PRD-5 (Planned Residential Development - 5 units/acre)as defined by existing or~inances of the City of Delray Beach, to-wit: That part of Section 25, Townshi~ 46 South Range 42 East, Palm Beach County, Florida, described as follows: Commence at the West Quarter Section corner of said Section 25; thence North 89 degrees 09'57" East, along the East-West Quarter Section Line of said Section 40.00 feet to the Point of Beginning; thence North 0 degrees 59'57" West, alOng a line 40.00 feet East of and ~arallel with the West line of said Section 25, 336.-22 feetl thence North 89 degrees 09'13" East, along the North Line of the South Half (S 1/2) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 25, 632.92 feetl thence South 1 ~egree 01'13" East, along the East Line of the South Half (S 1/2) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 25, 336.36 feet; thence North 89 degrees 09'57" East, along the East-West Quarter Section Line of Section 25, 673.04 feet; thence North 1 degree 02'29" West, along the west Line of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of Section 25, 346.75 feet~ thence North 87 degrees 22'41" East, 300.11 feet; thence North 80 degrees 18'41" East, 121.03 feet~ thence North 88 degrees 35'07" East, 114.70 feet to a point of curvature of a curve concave Northwesterly with a radius of 98.38 feet and a central angle of 86 degrees 50'54"; thence Northeasterly, along the arc of said curve, 149.13 feetl thence North I degree 44'13" East, 108.07 feet~ thence North 87 degrees 31'47" West, 366.51 feet; thence North 6 degrees 13'37" West, 66.33 feetl thence North 84 degrees 26'55" West, 268.05 feet to the sai~ West Line of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of Section 25; thence North - 2 - Ord. No. 51-95 I degree 02'29" West, along said West Line, 318.45 feet; thence North 88 degrees 52'27" East, 1508.39 feet to the West Line of Plat of Foxe Chase, as recorded in Plat Book 38, Pages I and 2 of the Public Records of Palm Beach County, Florida; thence South 1 degree 07'33" East, along said West Line, 1021.08 feet to the East-West Quarter Section Line of Section 25; thence South 89 degrees 09'57" West, along said East-West Quarter Section Line, 837.00 feet to the Northwest Corner of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 25; thence South 1 degree 03'45" East, along the West Line of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 25, 89.33 feet to the Northeast Corner of the Plat of Del-Aire Golf Club Second Addition, as recorded in Plat Book 39, Pages 66 and 67 of the Public Records of Palm Beach County, Florida; thence Southwesterly and Westerly along the arc of a curve concave Northerly with a radius of 685.00 feet, a central angle of 78 degrees 21'26" and a line to the radius point of said curve bearing North 62 degrees 11'42" West, 936.80 feet; thence North 73 degrees 50'16" West, 223.46 feet to a point of curvature of a curve concave Southerly with a radius of 685.00 feet and a central angle of 6 degrees 43'38"; thence Westerly, along the arc of said curve, 80.43 feet; thence North 60 degrees 33'54" West, 268.51 feet to a point of curvature of a curve concave Southerly with a radius of 685.00 feet and a central angle of 20 degrees 22'20"; thence Westerly, along the arc of said curve, 243.56 feet; thence South 79 degrees 03'46" West, 384.56 feet to a line 40.00 feet East of and parallel with the West line of Section 25; thence North 0 degrees 59'57" West, along said parallel line, 35~.07 feet to the said Point of Beginning. Containing 51.71 acres, more or less. Section 2. That Chapter Two of the Land Development Regulations has been followed in the establishment of the zoning classifications in this ordinance and the tract of land hereinafter described as Parcel 2 is hereby declared to be in Zoning District RM-8 (Medium Density Residential - 8 units/acre) as defined by existing ordinances of the City of Delray Beach, to-wit: - 3 - Ord. No. 51-95 ', That part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Commence at the West Quarter Section Corner of said Section 25; thence North 89 degrees 09'57" East, along the East-West Quarter Section Line of said Section 25, 1346 08 feet to the West line of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of Section 25; thence North I degree 02'29" West, along the said West line, 1013.40 feet to the Point of Beginning; thence North 88 degrees 52'27" East, 908.39 feet to a line 600.00 feet West of and parallel with the West line of the Plat of Foxe Chase, as recorded in Plat Book 38, Pages ! and 2 of the Public Records of Palm Beach County, Florida; thence North 1 degree. 07'33" West, along said parallel line, 651.60 feet; thence South 88 degrees 52'27" West, 22.30 feet to a point of curvature of a curve concave Southerly with a radius of 150.00 feet and a central angle of 36 degrees 51'35"; thence Westerly, along the arc of said curve, 96.50 feet; thence South 52 degrees 00'53" West, 32.98 feet; thence North 37 degrees 59'07" West, 165.99 feet to a point of curvature of a curve concave Easterly with a radius of 370.00 feet and a central angle of 37 degrees 03'10"; thence Northerly, along the arc of said curve, 239.28 feet; thence North 0 degrees 55'57" West, 248.80 feet to point of curvature of a curve concave Easterly with a radius of 220.00 feet and a central angle of 12 degrees 52'11"; thence Northerly, along the arc of said curve, 49.42 feet; thence North ~! degrees 56'14" East, 206.78 feet to a point of curvature of a curve concave Westerly with a radius of 300.00 feet and a central angle of 12 degrees 52'11"; thence Northerly, along the arc of said curve, 67.39 feet; thence North 0 degrees 55'57" West, 152.08 feet to the North Line of said Section 25; thence South 89 degrees 04'03" West, along said North Line, 655 27 feet to the West Line of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of said Section 25; thence South ! degree 02'29" East, along said West Line, 1678.85 feet to the said Point of Beginning. Containing 28.29 acres, more or less. - 4 - Ord. No. 51-95 ~ection 3. That Chapter Two of the Land Development Regulations has been followed in the establishment of the zoning classifications in this ordinance and the tract of land hereinafter described as Parcel 3 is hereby declared to be in Zoning District OS (Open Space) as defined by existing ordinances of the City of Delray Beach, to-wit: That part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Commence at the West Quarter Section Corner of said Section 25~ thence North 89 degrees 09'57" East, along the East-West Quarter Section Line of said Section 25, 1346.08 feet to the West line of the East ~alf (E 1/2) of the Northwest Quarter (NW 1/4) of Section 25~ thence North 1 degree 02'29" West, along the said West line, 346.75 feet to the Point of Beginning; thence North 87 degrees 22'4~" East, 300.11 feet; thence North 80 degrees 18'41" East, 121.93 feet~ thence North 88 degrees 35'07" East, 114.70 feet to a point of curvature of a curve concave Northwesterly with a radius of 98.38 feet and a central angle of 86 degrees 50'54"; thence Northeasterly, along the arc of said curve, ~49.13 feet; thence North 1 degree 44'13" East, 108.07 feet; thence North 87 degrees 31'47" West, 366.51 feet; thence North 6 degrees 13'37" West, 66.33 feet; thence North 84 degrees 26'55" West, 268.05 feet to the said West line of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of Section 25; thence South 1 degree 02'29" East, along said West Line, 348.20 feet to the said Point of Beginning. Containing 3.81 acres, more or less. Section 4. That Chapter Two of the Land Development Regulations has been followed in the establishment of the zoning classifications in this ordinance and the tract of land hereinafter described as Parcel 4 is hereby declared to be in Zoning District SAD (Special Activities District) as defined by existing ordinances of the City of Delray Beach, to-wit: That part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: - 5 - Ord. No. 51-95 Commence at the West Quarter Section Corner of said Section 25; thence North 69 degrees 09'57" East, along the East-West Quarter Section Line of said Section 25, 1346.08 feet to the West line of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of Section 25; thence North 1 degree 02'29" West, along the said West line, 1013.40 feet; thence North 88 degrees 52'27" East, 908.39 feet to a line 600.00 feet West of and parallel with the West line of the Plat of Foxe Chase, as recorded in Plat Book 38, Pages ! and 2 of the Public Records of Palm Beach County, Florida; thence North 1 ~egree 07~33" West, along said parallel line, 651.60 feet to the point of beginning; thence South 88 degrees 52'27" West, 22.30 feet to a point of curvature of a curve concave Southerly with a radius of 150.00 feet and a central angle of 36 degrees 51'34"; thence Westerly, along the arc of said curve, 96.50 feet; thence South 52 degrees 00'53" West, 32.98 feet; thence North 37 degrees 59'07" West, 165.99 feet to a point of curvature of a curve concave Easterly with a radius of 370.00 feet and a central angle of 37 degrees 03'10"; thence NortherlY, along the arc of said curve, 239.28 feet; thence North 0 degrees 55'57" West, 248.80 feet to point of curvature of a curve concave Easterly with a radius of 220.00 feet and a central angle of 12 degrees 52'11"; thence Northerly, along the arc of said curve, 49.42 feet; thence North 11 degrees 56'14" East, 206.78 feet to a point of curvature of a curve concave Westerly with a radius of 300.00 feet and a central angle of 12 degrees 52'11"; thence Northerly, along the arc of said curve, 67.39 feet; thence North 0 degrees 55'57" West, 152.08 feet to the North line of said Section 25; thence North 89 degrees 04'03" East, along said North line, 237.17 feet to the South right-of-way line of Germantown Road; thence South 69 degrees 35'37" East, along said South right-of-way line, 264.75 feet to a point on a curve concave Easterly with a radius of 400.00 feet, a central angle of 18 degrees 16'32" and a chord bearing South 13 degrees 33'49" East; thence Southerly, along the arc of said curve 127.59 feet to a point of reverse curvature of a curve concave Westerly with a radius of 320.00 feet and a central angle of 3 degrees 57'27"; thence Southerly, along the arc of said curve 22 10 feet; thence South 88 degrees 52'27" West, 17.57 feet; thence South 1 degree 07'33" East, 197.79 feet; thence South 43 degrees 52'27" West, 212.13 feet; - 6 - Ord. No. 51-95 thence South ! degree 0?'33" East, 360.00 feet; thence South 88 degrees 52'27" West, 100.00 feet; thence South ! degree 07'33" East, 74.40 feet to the said Point of Beginning. Containing 10.27 acres, more or less. ~_~ That the uses allowed for the subject property described in Section 4, above, pursuant to Section 4.4.25(B) of the Land Development Regulations of the City of Delray Beach, Florida, shall be as follows: ** Thirty-three thousand and five hundred (33,500) sq.ft. of Citrus Packing House and related office and retail uses (floral, fruit sales, gifts, and Juice bar) subject to a maximum retail component of 10,700 sq.ft. ** Additional retail sales such as convenience foods; household supplies; garden and lawn supplies; drugs and medicine; small appliance sales and repairs; baked goods; delicatessen goods, subject to a maximum of 5,000 sq.ft, of floor area allocated to a single retail use, or groups of retail uses not to exceed 20,000 sq.ft, maximum. ** Provision of services such as: barber and beauty shops; dry cleaning limited to on-site processing for customer pick-up only; dry cleaning and laundry pick-up stations; financing e.g. banks and similar institutions excluding drive-through facilities; laundromats limited to self service facilities; equipment rental; newsstands; subject to the maximum area devoted to a single tenant for service uses not to exceed 2,000 sq.ft, in floor area and the floor area allocated to groups of service uses not to exceed 10,000 sq.ft. maximum. ** Up to 7,500 sq.ft, of restaurant use, excluding drive-in, drive-through facilities. ** Professional, medical, and general business office uses. ** Residential uses as allowed within the RM zoning district. ** A maximum floor area for the combined uses is not to exceed 65,000 sq.ft. - 7 - Ord. No. 51-95 ~&~3kD/~_~ That the development of the property described in Section 4, above, shall generally be in accordance with Blood's Commercial Project Master Plan, prepared by Slattery & Root, Architects, dated July 13, 1995, subject to review and approval of a specific site plan by the Site Plan Review and ApPearance Board Section 7. That any future modifications to the Blood's Commercial Project Master Plan, referred to in Section 6, above, which are not substantial and which do not deal with intensity or type of uses shall be reviewed by the Site Plan Review and Appearance Board and processed as site plan modifications ~ 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. Section 10. That this ordinance shall become effective immediately upon the effective date of Ordinance No. 44-95, under which official land use designations of Low Density, Medium Density, Open Space and Transitional are affixed to the subject parcels hereinabove described. PASSED AND ADOPTED in regular session on second and final reading on this the 19th day of September , ~995. ATTEST: ~City C16rk ' First Reading September 5~ 1995 Second Reading September 19~ 1995 - 8 - Ord. No. 5!-95 .~- I~LO01)'$ H~kMM-OCK GROVES Zonin Desi nations MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # /D ~ - MEETING OF SEPTEMBER 19, 1995 ORDINANCE NO. 51-95 DATE: SEPTEMBER 15, 1995 This is second reading and public hearing for Ordinance No. 51-95 which establishes the initial zoning classifications for the Bloods Hammock Groves property. The zoning categories include 51.71 acres of PRD-5, 28.29 acres of RM-8, 3.81 acres of Open Space, and 10.27 acres of SAD. The subject property is located south of Linton Boulevard and east of Military Trail. Please refer to the attached staff documentation for analysis of this proposal. Planning and Zoning Board approved the initial zoning designa- tions subject to positive findings with respect to Section 2.4.5(D) (1), Section 3.1.1., Section 3.3.2 and policies of the Comprehensive Plan. Recommend approval of Ordinance 51-95 on second and final reading. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY FIg~AGER~( SUBJECT: AGENDA ITEM # l~ - MEETING OF SEPTEMBER 5, 1995 FIRST READING FOR ORDINANCE NO. 51-95 DATE: SEPTEMBER 1, 1995 This is first reading for Ordinance 51-95 which establishes the initial zoning classifications for the Bloods Hammock Groves property. The zoning categories include 51.71 acres of PRD-5, 28.29 acres of RM-8, 3.81 acres of Open Space and 10.27 acres of SAD. The subject property is located south of Linton Boulevard and east of Military Trail. Please refer to the attached staff documentation for analysis of this proposal. Planning and Zoning Board approved the initial zoning designa- tions subject to positive findings with respect to Section 2.4.5(D) (1), Section 3.1.1., Section 3.3.2 and policies of the Comprehensive Plan. Recommend approval of Ordinance 51-95 on first reading. If passed, public hearing is September 19, 1995. CiTY COMMISSION DOCUMENTATION THRU: DERARTMENT OF PLANNING DIANE DOMINGUEZ, DIRECTOI~ ' "~ A~ND ZONING FROM: PAUL DORLINCG~RINCIPAL PLANNER SUBJECT: MEETING OF AUGUST 1, 1995 APPLICATION OF INITIAL ZONING DESIGNATIONS OF PRD-$ (51.71 ACRES), RM-8 (28.29 ACRES), OPEN SPACE (3.81 ACRES) AND SAD (10.27 ACRES) FOR PROPERTY KNOWN AS BLOODS GROVE ORCHARD. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of an initial zoning request for 94.08 acres known as the Bloods Grove Orchard. The zoning categories include 51.71 acres of PRD-5, 28.29 acres of RM-8, 3.81 acres of Open Space and 10.27 acres of SAD. The subject property is located south of Linton Boulevard and east of Military Trail. BACKGROUND: On April 18, 1994 the Planning and Zoning Board considered a Future Land Use Map Amendment (94-1) for 94 acres (balance of Bloods Grove) from County MR-5 to City designations of 40 acres MD (Medium Density), 40 acres LD (Low Density), 10 acres CC (Commercial Core), and 4 acres OS (Open Space). These proposed designations would have allowed a maximum of 680 units. The accompanying development plan proposed 250 apartments and 375 attached single family units (total of 625 units). The Planning and Zoning Board had concerns over the proposed intensity. The Board recommended the proposal be modified to 64 acres of Low Density, 16 acres Medium Density, 10 acres Transitional, and 4 acres of Open Space. Under this scenario a maximum unit count of 519 units would have been allowed. The City Commission heard the request on May 17, 1994 and voted not to transmit the amendment, citing concerns over the overall density of the proposal. On April 17, 1995 the Planning and Zoning Board considered a Future Land Use Map change for the same 94 acres from the County Land Use Map designation of MR-5 to City designations of approximately 51 acres of Low Density, 29 acres of Medium Density, 4 acres of Open Space, and 10 acres of Transitional. The zoning designations City Commission Documentation Initial Zoning request Bloods Grove Page 2 accompanying the FLUM amendment allow a maximum of 488 units and Iow intensity commercial uses. The FLUM amendment which was part of 95-1 was recommended for approval. On May 2, 1995 the City Commission approved transmittal of the request to DCA. This associated Future Land Use Map change and annexation request was before the City Commission on August 15, 1995 ( first reading). The second and final reading of the Future Land Use Map changes and annexation are before the Commission on this same agenda. The initial zoning request was separated from the annexation and land use changes pending preparation of legal descriptions for each of the four zoning districts. The legal descriptions have been prepared and the associated zoning portion of the Bloods Grove request is now before the Commission for approval. ANALYSIS: The proposed residential zoning categories (PRD-5 and RM-8 ) will allow residential development at maximum densities of 5 and 8 units per acre respectively. The Open Space designation will accommodate an existing hammock environment which is to be preserved. Under the SAD zoning designation the following specific uses are requested; · Thirty-three thousand and five-hundred (33,500) sq.ft, of Citrus Packing House and related office and retail uses (floral, fruit sales, gifts, and juice bar) subject to a maximum retail component of 10,700 sq.ft. Additional retail sales such as convenience foods; household supplies; garden and lawn supplies; drugs and medicine; small appliance sales and repairs; baked goods; delicatessen goods, subject to a maximum of 5,000 sq.ft, of floor area allocated to a single retail use, or groups of retail uses not to exceed 20,000 sq.ft, maximum. Provision of services such as: barber and beauty shops; dry cleaning limited to on- site processing for customers pick-up only; dry cleaning and laundry pick-up stations; financing e.g. banks and similar institutions excluding drive-through facilities; Laundromats limited to self service facilities; equipment rental; newsstands subject to the maximum area devoted to a single tenant for service uses not to exceed 2,000 sq.ft, in floor area and the floor area allocated to groups of service uses not to exceed 10,000 sq.ft, maximum. · Up to 7,500 sq.ft, of restaurant use excluding drive-in, drive-through facilities. · Professional, medical, and general business office uses. · Residential uses as allowed within the RM zoning district. City Commission Documentation Initial Zoning request Bloods Grove Page 3 · A maximum floor area for the combined uses is not to exceed 65,000 sq.ft. as noted on the accompanying sketch Plan. A master plan showing the intensity, and general location of buildings, circulation, parking and perimeter landscape buffers has been provided (see attached). SAD ALTERNATIVE PROCESSING: Normally, concurrent with the processing of the SAD rezoning application, a complete site and development plan must be processed. Further, any future modifications i.e. addition of parking spaces etc. must be processed as a rezoning of the SAD requiring review by the Planning and Zoning Board and approval by City Commission. This process was implemented when both rezonings and site plan reviews were conducted by the Planning and Zoning Board. Since 1990 the Planning and Zoning Board has not reviewed site plans, landscape plans, or elevations except in the case of master plans. The master plan shows the intensity, and general location of buildings, circulation, parking and perimeter landscape buffers. Substantial changes to an SAD including changes in intensity, change of uses etc. should continue to be reviewed by both the Planning and Zoning Board and City Commission. However, minor changes to SAD site plans should not. To that end the SAD ordinance includes language that remands the specific site plan, landscape plan, and elevations for the SAD portion of this development to the Site Plan Review and Appearance Board (SPRAB) for approval. In addition, language is included in the ordinance that future modifications which are not substantial and do not deal with intensification or types of uses can be reviewed by SPRAB and processed as site plan modifications. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its meeting of July 17, 1995. At the public hearing one resident from the Bel Aire subdivision spoke (Steve Freedman) inquiring as to the location of the future access on Military Trail. The Del Aire community indicated by way of a letter from their attorney that they support the request. The Board unanimously recommended approval of the annexation and zoning on a 6-0 vote (Carolyn Young absent). City Commission Documentation Initial Zoning request Bloods Grove Page 4 RECOMMENDED ACTION: By motion, approve the initial zoning designations of 51.71 acres of PRD-5, 28.29 acres of RM-8, 3.81 acres of Open Space and 10.27 acres of SAD subject to positive findings with respect to Section 2.4.5 (D)(1), Section 3.1.1. Section 3.3.2 and policies of the Comprehensive Plan. Attachments: * Planning and Zoning staff report S:\PLANNI\DOCUME\BLOOD5.DOC PLANNING AN[' ZONING BOAR CITY OF DELRAY BEACH --- S I-AFF REPORT--- MEETING DATE: July 17, 1995 AGENDAITEM: V.B. ITEM: Annexation & Initial Zonlng of PRD-5, RM-8, OS, &'SAD Districts for Bloods Hammock Groves. GENERAL DATA: Owner .................................................... Norman W. Blood and Estate of Carolyn J. Blood Applicant ................................................ Donaldson E. Hearing Cotleur Hearing Location ................................................. South side of Linton Boulevard, east of Military Trail. Property Size ......................................... 94.14 acres Land Use Map Designation .................... Transitional County Zoning Designation .................... AR (Agricultural Residential) Proposed Zoning Designations .............. PRD-5 (Planned Residential Development) SAD (Special Activities District), OS (Open Space) and RM-8 (Multiple Family Residential) Adjacent Zoning ............................ North: CF (Community Facilities), RM-10 (Multiple Family Residential), OS (Open Space) and RL (Multiple Family Residential) East: RS (Single Family Residential-PBC), OSR (Open Space and Recreation), A (Agricultural), and CF So, uth: R-l-AA (Single Family Residential) and OSR West: PUC (Planned Office Center), RM-IO, CF, RS/SE (Single Family Residential - PBC), Existing Land Uses ................................ Existing commercial orange grove. Proposed Land Uses .............................. Annexation and initial zoning for a 94.14 parcel proposed for 51.25 acres of ,PRD, 29.0,9 acres of RM, 9.84 acres of SAD, and 3.,96 acres of OS. Water Service ........................................ Existing 12" water main in Germantown Road right-of-way. Existing 10"water main in Linton Boulevard. Existing 12" sewer main serving the Blood's Grove Elementary School Sewer Service ........................................ Existing 8" sewer main serving the Blood's Grove on site. The action before the Board is that of making a recommendation on an annexation and initial zoning request to PRD-5, RM-8, SAD, and OS for 94.14 acres known as the Bloods Grove Orchard. The subject property is located south of Linton Boulevard and east of Military Trail. Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to annexation and zoning of property within the City's Planning Area. With the adoption of the Comprehensive Plan in November, 1989, "advisory" land use designations were applied to all areas which were outside the City limits but within the City's Planning Area. The 111 acre Bloods Grove site was given advisory designations as follows: 40 acres Medium Density Residential, 40 acres Low Density Residential, 17 acres Community Facilities, 10 acres Commercial Core, and 4 acres Open Space. The 17 acres of Community Facilities was intended to accommodate a future elementary school site, neighborhood park, and fire station in the southwest portion of the City. On November 26, 1991 the City annexed 1.808 of the 111 acres, at the northeast corner of the property via Ordinance 76-91. The 1.808 acres consisted of an access easement as well as a temporary and permanent fire station site. The temporary fire station was placed on the site while the permanent fire station was constructed. Fire station # 5 has since been completed and the temporary station removed. In April, 1993, an annexation petition, Future Land Use Map amendment and initial zoning request to accommodate a 10 acre elementary school site on the Taheri property adjacent to Bloods Grove was submitted. Before those actions were formally processed, the School Board reconsidered that location and instead chose a 10 acre site in the northeast portion of Bloods Grove. As a part of the School District's purchase contract the City is to locate a municipal park contiguous to the school site. P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 2 In April, 1993 the owners of Bloods Grove granted agency to the City for the processing of an annexation petition and all land development applications necessary to accommodate a 10 acre elementary school (School Site S) and 6 acre municipal park. The change in land use from MD (Medium Density Residential) to CF (Community Facilities) was processed with Land Use Plan Amendment 93-2. The related annexation and initial zoning were approved by City Commission on March 22, 1994. The Conditional Use request to establish the school was approved by City Commission at its meeting of April 5, 1994. On April 8, 1994 the sale of the school site to Palm Beach County School Board and the park site to the City was consummated. The school site is now under construction and the park site is slated for future development. On April 18, 1994 the Planning and Zoning Board considered a Future Land Use Map Amendment for 94 (balance of Bloods Grove)acres from County MR-5 to City designations of 40 acres MD (Medium Density), 40 acres LD (Low Density), 10 acres CC (Commercial Core), and 4 acres OS (Open Space). These proposed designations would have allowed a maximum of 680 units. The accompanying development plan proposed 250 apartments and 375 attached single family units (total of 625 units). The Planning and Zoning Board had concerns over the proposed intensity. In addition several members were concerned with the relocation of the Commercial Core designation from the center of the site to Linton Boulevard. The Board recommended the proposal be modified to 64 acres of Low Density, 16 acres Medium Density, 10 acres Transitional, and 4 acres of Open Space. Under this scenario a maximum unit count of 519 units would have been allowed. The City Commission heard the request on May 17,1994 and voted not to transmit the amendment, citing concerns over the overall density of the proposal. On April 17, 1995 the Planning and Zoning Board considered a Future Land Use Map change for the same 94 acres (balance of Bloods Grove) from the County Land Use Map designation of MR-5 to City designations of 51 acres of Low Density, 29 acres of Medium Density, 4 acres of Open Space, and 10 acres of Transitional. This amendment which was part of 95-1 was recommended for approval. On May 2, 1995 the City Commission approved transmittal of the request to DCA. This associated Future Land Use Map change will be before the Planning and Zoning Board and City Commission for final adoption simultaneously with this annexation and initial zoning request. The related annexation and initial zoning for the 94 acre site is now before the Board for action. P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 3 The request is for voluntary annexation of 94.14 acres and the application of the following four initial zoning districts: * PRD-5 ( Planned Residential Development-5 units per acre) -51.25 acres - Maximum 258 sq.ft, units * RM-8 (Residential Medium Density - 8 units per acre) - 29.09 acres - Maximum of 234 multi-family units * OS (Open Space ) - 3.92 acres * SAD (Special Activities District) - 9.84 acres The Open Space district will accommodate an existing hammock environment which is to be preserved. Under the SAD zoning designation the following specific uses are requested; · Thirty-three thousand and five-hundred (33,500) sq.ft, of Citrus Packing House and related office and retail uses (floral, fruit sales, gifts, and juice bar) subject to a maximum retail component of 10,700 sq.ft. · Additional retail sales such as convenience foods; household supplies; garden and lawn supplies; drugs and medicine; small appliance sales and repairs; baked goods; delicatessen goods, subject to a maximum of 5,000 sq.ft, of floor area allocated to a single retail use, or groups of retail uses not to exceed 20,000 sq.ft, maximum. · Provision of services such as: barber and beauty shops; dry cleaning limited to on-site processing for customers pick-up only; dry cleaning and laundry pick-up stations; financing e.g. banks and similar institutions excluding drive- through facilities; laundromats limited to self service facilities; equipment rental; newsstands subject to the maximum area devoted to a single tenant for service uses not to exceed 2,000 sq.ft, in floor area and the floor area allocated to groups of service uses not to exceed 10,000 sq.ft, maximum. · Up to 7,500 sq.ft, of restaurant use excluding drive-in, drive-through facilities. · Professional, medical, and general business office uses. · Residential uses as allowed within the RM zoning district. · A maximum floor area for the combined uses is not to exceed 65,000 sq.ft. as noted on the accompanying sketch Plan. P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 4 A master plan showing the intensity, and general location of buildings, circulation, parking and perimeter landscape buffers has been provided. An alternative approval scenario (i.e. SPRAB versus P&Z) is requested for the specific site plan, landscape plan, and elevations approval (see discussion later in this report). Florida Statutes Governin_~ Annexations: Pursuant to Florida Statute 171.044" the owner or owners of real property in an incorporated area of the County which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". · The owner of the subject property has petitioned for a voluntary annexation. · The property is contiguous with the City, reasonably compact, and its annexation will not create an enclave. The parcel is contiguous via the Shadywood subdivision to the north, Del Aire subdivision to the south, and the Linton Office Center, South County Mental Health Facility and the proposed Citation Club rental community to the west. An "Enclave" is defined by Florida Statute 171.031 as: "Any unincorporated improved or developed area that is enclosed within and bounded by single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality." · The annexation of this property will not create an enclave of the Foxe Chase subdivision to the east as this subdivision by the above definition is already an existing enclave. Currently the subdivision's access is re.stricted to Germantown Road in which all vehicular traffic must first enter the City before accessing the development. P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 5 Consistency with the CitY'S Comprehensive Plan: The City's current Advisory Future Land Use Map designation for the property is a combination of Open Space, Commercial Core, Low Density Residential and Medium Density Residential. This designation is being modified via the Land Use Amendment request 95-1 to Low Density, Medium Density, Open Space, and Transitional. The County Land Use Map designation for the property is MR- 5 (Medium Density Residential). The City's FLUM designations will become effective upon annexation and completion of the City's Plan Amendment 95-1 scheduled for City Commission action at the same meeting as this annexation and initial zoning proposal. Designated Annexation Area: This requested annexation is consistent with Policy B-3.4, of the City's Future Land Use Element which calls for annexation of eligible properties. The property is shown within the "designated annexation area" # 2, east of Military Trail and south of Linton Boulevard. Provision of Services; When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Policy B-3.1). The following is a discussion of required services and potential provision levels. Police: This property is currently serviced by the Palm Beach County Sheriffs Office, located at 345 South Congress, which serves the South County Area. The property lies within Sheriff patrol zone 7. Zone 7 is bordered by Jog Road on the west, Delray Beach City limits on the east, Atlantic Avenue to the north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as police currently pass the property while patrolling areas of the City to the north, south, and west of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station #5 located immediately east of the property on Germantown Road. P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 6 With annexation the property will receive an improvement in response time from the current 6 minutes for the County Fire Department (Fire Station #-42/Hagen Ranch Road near the Turnpike) to approximately I minute for the City's Fire Department ( Fire Station #5 / Germantown Road and Linton Boulevard). Water: Water is available to the site from the north (Germantown Road and Linton Boulevard ) and from the east within the elementary school site. On site extensions of a 12" water main will be required through the site to tie into water mains proposed within the Citation Club development (Taheri property) as well as across the L-37 canal to connect with existing 8" water mains within the Del Aire subdivision. Along the new mains, fire hydrants must be installed with a maximum of 300' spacing. Sewer: Sewer service is available from a new 8" main which has been extended from Linton Boulevard south to the elementary school. With the school development a new lift station has also been constructed which has been sized to accommodate future development of this site. Gravity main extensions (8") will be required with further development of the site. Streets: The property has access from both Military Trail to the west and Linton Boulevard to the north. Access to the existing Bloods Orchard commercial operation is gained from a new entry built with the newly aligned intersection of Germantown and Linton Boulevard. Military Trail and Linton Boulevard are under the jurisdiction of Palm Beach County and the jurisdictional and maintenance responsibility will not change with annexation. Parks and Open Space: As the Planning Area was considered in the development of the Comprehensive Plan, the act of annexation and applying initial zoning designations consistent with the advisory land use designations will have no effect on parks and open space levels of service. It is noted that the zoning designations being sought are less intense than those considered with the development of the Comprehensive Plan. Further, as part of this development proposal 4 acres of the site is to be dedicated as open space to preserve an existing Hammock area. P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 7 Solid Waste: As there is no actual change in land use there will be no change in the existing solid waste generation at this time. The service provider for the developed portion (Bloods Orchard commercial operation ) would remain the same (South County Sanitation) while future site development will have a different provider as described later in this report. Financial Impacts: Impact Upon Annexed Property: For the 1994 tax year the subject property had an assessed value of $2,662, 205 with an agricultural exemption of $2,185,250 for a total taxable value of $476,955. With the change from County to City jurisdiction, the following taxes and rates are affected: Ad Valorem Taxes Mileage With annexation Fire/Rescue MSTU 2.5539 Deleted (County) Library .4437 Deleted (County) City of Delray Beach 6.8800 Added (City) City of Delray Beach 1.0700 Added (City) 4.9524 difference * Total tax mileage in the County is 20.1501 mills while in the City the total millage rate is 25.1020 mills The current yearly ad valorem taxes are $ 9,610.69. With annexation the yearly ad valorem taxes will be $11,972.52; a tax difference of $2,361.83. In addition to property taxes the following non ad valorem fiscal impositions apply: Delray Beach Storm Water Utility This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. A 25% discount from the assessment is available as the site is within the Lake Worth Drainage District and an additional 25% discount is available for the on site retention system. The estimated annual Storm water Assessment fee for the existing commercial operation is $919.00 a year. With future development of the commercial and residential portion of the site the assessment will increase accordingly. P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 8 Solid Waste Authority: - This site is currently serviced by South County Sanitation, which is under a five year contract that runs from October 1, 1993 through September 30, 1998. The City's contract is currently through Waste Management Inc. Pursuant to Florida Statute 171.062(4)(a) "if a party has a contract which is in effect for at least six months prior to the initiation of an annexation, the franchisee may continue to provide such services to the annexed area for five years or the remainder of the franchise term, whichever is shorter. As the annexation was not initiated within the six month period, the waste provider for the commercial operation will not change with annexation. When this current contact expires, the waste provider for this property will be the current City provider. The out-of-City / in-City rates are anticipated to be competitive. With future development of the balance of the site (residential portion) the service provider will be the current City provider. Occupational Licenses: With annexation the existing commercial operation will be required to obtain City Occupational Licenses in addition to the required County Licenses. It is anticipated that the juice bar, gift shop and garden shop will generate $240.00 (current fees), 375.00 (proposed fees) in annual City license fees. Resulting impact to property owner: FINANCIAL CONSIDERATIONS: AD VALOREM TAXES (Change from 94/95 County $2,361.83 20.1503 to City 94/95 rate 25.1020 mills. (4.9524) NON AD VALOREM StormwaterAssessment $ 919o00 Solid Waste Collection $ .00 OCCUPATIONAL LICENSE FEES $ 240.00 TOTAL $ 3,520.83 , P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 9 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from 6.0 minutes (estimated time) (County) to 1.0 minutes (City). EMS + Faster response time from 6.0 minutes (estimated time) (County) to 1.0 minutes (City). POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pre-active versus reactive opportunity to work with property owners. Fiscal Impacts to the City_: At the 1995 City operating millage rate of 6.88 mills and debt rate of 1.07 mills, the property will generate approximately $3,791.79 in new ad valorum taxes per year. This total increases to $21,164.53 with the removal of the agricultural exemption. With future residential and commercial development , additional revenue will be realized through increased assessment value, building permit and license fees, the annual collection of the Stormwater assessment fees as well as utility taxes (9.5% electric, 7% telephone) and franchise fees (5.536% electric, 1% telephone and 3% cable). With future development of the residential portions of the property additional revenues will be generated from per capita reimbursements. The major sources of per capita revenue are sales tax, cigarette tax, and State Revenue sharing. REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 10 Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The proposed City Future Land Use designation in the related Future Land Use Map amendment (95-1) is a combination of Low Density, Medium Density, Open Space and Transitional. The proposed zoning designations of PRD-5, RM-8, Open Space, and the SAD as described are consistent with these Future Land Use Map designations. The list of uses includes those that were specifically requested by the applicant as well as others that are consistent with zoning districts allowed under the Transitional Land Use designation (i.e. RM, POC, POD and NC). No square footage restrictions (other than overall SAD maximums) are placed on the office or residential uses as these uses are allowed without restrictions under the POD, POC and RM zoning designations. The proposed 33,500 sq.ft.of Citrus packing house use includes the existing 20,000 sq.ft, of manufacturing, office and commercial components and an additional 5,000 sq.ft, of related retail, 3,000 sq.ft, of manufacturing and 5,500 sq.ft, of office use. The proposed restrictions to the service and retail components are generally consistent with the restrictions outlined under the NC zoning district. The following differences are noted; * The Neighborhood Commercial zoning district (NC) restricts retail uses to a 10,000 sq. ft. total versus 20,000 sq. ft. as requested. This is appropriate as the overall size of the SAD (10 acres) is larger than the maximum allowable NC site (2 acres). The applicant has agreed to limit the maximum square footage per tenant to 5,000 sq.ft, verses the maximum of 10,000 as allowed under the NC district. This will help ensure that the resulting retail is a mix of specialty shops, rather than a larger retail outlet. * The Neighborhood Commercial District further restricts restaurants to a maximum of 2,000 sq.ft, per tenant while no such restriction is placed on the requested 7,500 sq.ft, restaurant use. Again, given the larger size of the property, and the fact that restuarants are also permitted in the POC zoning district (with restrictions), the 7,500 sq.ff, is not unreasonable. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 11 The proposal involves the annexation of an existing commercial operation and orchard. At the time of annexation there will be no change in the manner in which water, sewer, drainage, solid waste and streets/traffic services are provided. Fire, Police and EMS will shift to a different provider; all these services will be equal to or enhanced (see annexation analysis for details). A traffic study was submitted based upon a development potential of 350 Multi- family units, 200 single family units and 108,900 square feet of commercial development. The project is anticipated to generate approximately 7,347 new daily trips. The traffic study indicates that the residential components of the project will be built first (through 1996). The retail component will be built after 1996 with a projected build out of 1999. The traffic study shows the need to phase the timing of the project in accordance with three roadway improvements. These include: · No building permits for more than 20 single family units or 28 multifamily units may be issued until improvements to the intersection of Military Trail and Clint Moore are under construction. The improvement consists of dual left turn lanes on the north and south approaches. Palm Beach County has the improvement programmed for this year. This improvement to the intersection of Military Trail and Clint Moore Road allows the project to be built through 1996. After 1996, Military Trail does not meet Traffic Performance Standards due to background growth. · No building permits beyond 1996, or for the retail component may be issued until the widening of Military Trail between Linton Boulevard and Clint Moore Road is under construction. This improvement is scheduled for fiscal year 96/97. The traffic study further shows a need for a left turn lane and right turn at the project entrance at Linton Boulevard. Additional turn lane improvements may be required at Military Trail. Further, as the project generates more than 7,000 net daily trips it is classified as a major project. Major projects require an additional test (Test 2) to be run by the Metropolitan Planning Organization and final approval from the Palm Beach County Traffic division can not be issued until the model run is completed. With future development of the site a central access roadway is proposed through the property from Linton Boulevard south to Military Trail. The majority of this roadway is proposed as a private gated roadway, however, access to the elementary school site and Linton Boulevard is to be provided for the Citation Club rental community proposed on the Taheri property. This required access is indicated as a City collector on the Future Land Use Map and in the Comprehensive Plan. P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 12 As no development proposal is eminent for Bloods the ability to provide this connection must be maintained and required of future development. It is recommended that prior to removing the reference to this connection as a City Collector from the Future land Use Map a developers agreement be executed and recorded between Bloods and the City requiring the desired connection. This agreement should be submitted and executed during the platting process at which time right-of-way dedications and access tracts will be established. In addition, a collector roadway is proposed extending south from Linton Boulevard between the City park site and the proposed SAD portion of this proposal. This collector roadway will provide access to the new elementary school for both bus and parent traffic. Both of these internal roadways are to be constructed concurrently with development of the site at the developer's expense. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5 (D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: C) Additional strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it . Where existing strip commercial areas or zoning exists along an arterial street , consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed SAD portion of the initial zoning application is not a strip commercial zone district. The parcel has a depth of over 1,000 feet and will have the uses internally orientated. The commercial aspects will complement the existing Citrus packing house, creating a unique shopping designation. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 13 The application of specific zoning designations throughout the parcel have been selected to maximize compatibility with adjacent development. The Low Density zoning (PRD-5) is proposed along the south and east portions of the site adjacent to the Iow density Foxe Chase and Del Aire communities. The Medium Density designation of RM-8 is proposed between the Linton Office Center, South County Mental Health facility and Citation Club Rental Community to the west and the proposed SAD parcel to the east. The SAD parcel is between the proposed RM-8 to the west and the new elementary school and municipal park site to the east. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; and, c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. As this petition is an initial zoning designation to be applied to property being annexed the above section does not apply. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: Conseryation Element Policy B-2.1: - Submission of a biological survey and a habitat analysis shall accompany land use requests for...rezonings... However this requirement shall not apply.., where it is that there are not such resources. An Environmental Assessment of the site was conducted by Grant Thornborough & Associates and submitted in Mamh, 1994. The conclusions of the study includes a recommendation to preserve the only environmentally significant parcel (oak hammock site). This is being accomplished through the application of the Open Space zoning category. P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 14 Housing Element Objective C-2: - Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile. Policies which will assure this objective include: Housing Element Policy C-2.2: Vacant Land areas west of 1-95, shown on the Future Land Use map as Iow density residential and rural residential, shall be retained for single family detached housing or Iow density planned unit residential development. The development proposal provides a mix of housing types which includes a Iow density planned unit development on the Iow density portion of the site. Compliance with Land Development Regulations: The proposed use is to be in compliance with the Land Development Regulations. Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. The applicant has submitted a master plan for the SAD component of the request. Normally, concurrent with the processing of the SAD rezoning application, a complete site and development plan must be processed. Further, any future modifications i.e. addition of parking spaces etc. must be processed as a rezoning of the SAD requiring review by the Planning and Zoning Board and approval by City Commission. This process was implemented when both rezonings and site plan reviews were conducted by the Planning and Zoning Board. Since 1990 the Planning and Zoning Board has not reviewed site plans, landscape plans, or elevations except in the case of master plans. The master plan shows the intensity, and general location of buildings, circulation, parking and perimeter landscape buffers. Substantial changes to an SAD including changes in intensity, change of uses etc. should continue to be reviewed by both the Planning and Zoning Board and City Commission. However, minor changes to SAD site plans should not. It is recommended that the Board remand the specific site plan, landscape plan, and elevations for the SAD portion of this development to the Site Plan Review and Appearance Board (SPRAB) for approval. In addition , language should be added to the SAD ordinance specifying that future modifications which are not substantial and do not deal with intensification or types of uses can be reviewed by SPRAB and processed as site plan modifications. P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 15 In reviewing the SAD sketch plan the following Land Development issues are noted and must be addressed with the future submittals of the specific site plan, landscape plan, and elevations: * A 30' landscape buffer is required along Linton Boulevard pursuant to Section 4.3.4 (H)(6). This buffer is to be in addition to the 80' LWDD canal right of way currently shown as the landscape buffer. · After provision of the 30' landscape buffer the location of the northernmost building along with the provision of parking north of the building should be revisited. · A total of 54 of 226 parking spaces are provided in close proximity to the shops. If the development is successful conveniently located parking would be limited. Revisiting the location of the parking spaces may be appropriate. · The location of the pedestrian circulation system should be shown. Presently, there are no Sidewalk connections or crosswalk locations shown between groups of stores, and parking areas. In addition, the sidewalk/ pedestrian connection along the spine road (new access road) should be noted. · The future elevations of buildings which have their sides or rears facing Linton Boulevard should be provided with additional detail and facade features to minimize the aesthetic impact. Parking spaces are not to exceed 10 spaces in a row without being separated by a landscape island, conflicts are noted east of the packing house. In addition, all handicap spaces are to be provided with 5' ramp areas. Per ADA standards parking lots between 201 and 300 parking spaces are required to have a minimum of 7 handicap spaces, 6 have been provided. The PRD zoned portion of the property will require submittal of a master plan {Section 4.4.7(E)} which must be reviewed and approved by the Planning and Zoning Board. The SAD and RM-8 components will require site plan approval by the Site Plan Review and Appearance Board. In addition, a preliminary plat must be provided for the entire site identifying the location of the access roadway, new collector road, main utilities, lift station location, etc. Final plats will be required for each section of the development i.e. PRD, RM-8 and SAD. P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 16 The initial zoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Notification of Adjacent Local Governments: Per Policy A-1.7 of the Intergovernmental Coordination Element of the City of Delray Beach Comprehensive Plan notification must be provided to an adjacent unit of government of any development proposal which involves a private land use petition requiring Local Planning Agency review and located within one- quarter mile of the boundary of that unit of government. Notice of this application has been sent to City of Boca Raton and Palm Beach County Planning Division. No objections have been received for either government agency. Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A special certified notice has been sent to each of the property owners of record. Courtesy notices have been sent to: * Helen Coopersmith (PROD) * Erminio P. Guiliano (Foxe Chase) * Saul Weinburger, (Del Aire ) * Jim Goggin (Country Lake Association) * Shadywoods Homeowners Association. * Spanish Wells Condo Association * Gretchen Bacon, Oakmont Residential Assoc. The annexation of this property is consistent with the Comprehensive Plan policies which call for annexation of eligible properties (Future Land Use Element, Policy B-3.4). The proposed initial zoning designations of PRD-5, RM-8, OS, and SAD are consistent with the proposed Future Land Use designations of Low Density, Medium Density, Open Space, and Transitional being processed as part of 95-1. P&Z Staff Report Annexation and Initial Zoning - Bloods Property Page 17 The proposed development intensities allowed under the proposed initial zoning request are significantly less than the maximums allowed under the advisory designation established in 1989 and the initial annexation request of April, 1994. Given the above the proposal is consistent, compatible, and harmonious with adjacent properties and the City as a whole. A. Continue with direction. B. Recommend approval of the annexation request and initial zoning based on positive findings with respect to Section 2.4.5(D)(1) (Rezoning Findings), Section 3.1.1, and the Performance Standards of Section 3.3.2, policies of the Comprehensive Plan. C. Recommend denial of a annexation and initial zoning based on a failure to make positive findings. Recommend approval of the Annexation request with an initial zoning of PRD-5 (51.25 acres), RM-8 (29.09 acres), OS (3.92 acres), and SAD (9.84 acres) based upon positive findings with respect to Section 3.1.1, Section 3.3.2, Section 2.4.5(D)(1) and policies of the Comprehensive Plan and upon the following findings: · That the property is contiguous, reasonably compact and does not create an enclave; · That services will be provided to the property in a manner similar to other similar properties within the City. O'BRIEN, SUITER & O'BRIEN, INC. Land Surveyors 2601 N. FEDEI~AL HIGHWAY DEl.,AY 276.4501 DELRAY BEACH. FLORIDA :33483 BOYNTON 732-3279 AUGUST 23, 1995 THAT PART OF SECTION 25, TC~NSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH OC~NTY, FLORIDA, DESCRIBED AS FOLLOA'S: O3PI"ENCE AT THE EST QUARTER SECT ION OORNER OF SA I D SECT ION 25; THENCE N.sgoo9'57"E., ALONG THE EAST-WEST QUARTER SECTION LINE OF sAIO SECTION 25, 40.00 FEET TO THE POINT OF BEGINNING; THENCE N.OO59'57"W., ALONG A LINE 40.00 FEET EAST OF ANO PARALLEL WITH THE WEST LINE OF SAID SECTION 25, 336.22 FEET; THENCE N.89o09' 13"E., ALONG THE NORTH LINE OF THE SOUTH HALF (S. 1/2) OF THE SoLYrI~EST QUARTER (S,W,1/4) OF THE S(XJ1teEST QUARTER (S.W.1/4) OF THE NORTHal~STQUARTER (N.W.1/4) OF SECTION 25, 632.92 FEET; THENCE S. lo01'13"E., ALONG~ EAST LINE OF THE SCUTHHALF (S.1/2) OF THE SOUT1-MESTCIUARTER (S.W.1/4) OF THE SCUTHWESTQUARTER (S.W.1/4) OF THE NORTt-f~ST QUARTER (N.W.1/4) OF SECTION 25, 336.36 FEET; THENCE N.89o09'57"E., ALONG THE EAST-WEST QUARTER SECTION LINE OF SECTION 25, 673.04 FEET; THENCE N.1o02'29"W., ALONGTI~WEST LINE OF THE EAST HALF (E.1/2) OF THE NORTI-f~ST QUARTER (N.W.1/4) OF SECTION 25, 346.75 FEET; THENCE N.87o22'41"E., 300.11 FEET; THENCE N.80o18'41"E., 121.93 FEET; THENCE N.86O35'O7"E., 114.70 FEET TO A POINT OF OJRVATURE OF A CURVE CX3NCAVE NORTI-IRESTERLY W l TH A RADIUS OF 98.38 FEET AND A CENTRAL ANGLE OF 86050'54"; THENCE NORTHEA~RLY, ALONG THE ARC OF SAID CURVE, 149.13 FEET; THENCE N.1o44'13"E., 108.07 FEET; THENCE N.87o31'47"W., 366.51 FEET; THENCE N.6O13'37"W., 66.33 FEET; THENCE N.84o26'55'~., 268.05 FEETTOTHE SAID WEST LINE OF THE EAST HALF (E.1/2) OF THE NOR'II-b~ST QUARTER (N.W.1/4) OF SECTION 25; THENCE N. lO02'29'~., ALONG SAID WEST LINE, 318.45 FEET; THENCE N.86O52'27"E., 1508.39 FEET TO THE WEST LINE OF PLAT OF FOXE CHASE, AS RE~ IN PLAT BOOK 38, PAGES 1 AND 2OF THE PUBLIC REOORDSOF PALM BEACHOOUNTY, FLORIDA; THENCE S. lO07'33"E., ALONQSAIDWEST LINE, 1021.08 FEET TO THE EAST-RESTQUARTER SECTION LINE OF SECTION 25; THENCE S.89o09'57'~., ALONGI SAID EAST-WEST QUARTER SECTION LINE, 837.00 FEET TO THE NOR~ST OORNER OF THE NORTHEAST QUARTER (N.E.1/4) OF THE NOR'TI-EAST QUARTER (N.E.1/4) OF THE scLm-fREST QUARTER (S.W. 1/4) OF SECTION 25; THENCE S. lO03'45"E., ALONO THE WEST LINE OF THE THE NOR11-~AST QUARTER (N.E. 1/4) OF THE NORTI-EAST QUARTER (N.E.1/4) OF THE SCUTI-I~ST QUARTER (S.W.1/4) OF SECTION 25; 89.33 FEET TOT HE NORTHEAST OORNER OF THE PLAT OF DEL-AIREGOLF CLUB SECOND ADOITION~ AS RECX3RDEO IN PLAT BOOK 39, PAGES 66 AND 67 OF THE PUBLIC REOORDS OF PALHBEACH ~, FLORIDA; THENCE SOLm4#ESTERLY AND WESTERLY ALONG THE ARC OF A CURVE OONCAVE NORTI-ERLY W I TH A RAD I US OF 685.00 FEET, A CENTRAL ANGLE OF 78o 21' 26" AND A LINE TO THE RADIUS POINT OF SAID CURVE BEARING N.62o11'42"W., 936.80 FEET; THENCE N.73o50' 16'~., 223.46 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SCXm-ERLY WITH A RADIUS OF 685.00 FEET AND A CENTRAL ANCLE OF 6o43'38"; THENCE WESTERLY, ALONQ'[1-E ARC OF SAID CURVE, 80.43 FEET; THENCE N.80o33'54"W., 268.51 FEET TO A POINT OF CtJRVAT1JRE OF A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 685.00 FEET AND A CENTRAL ANGLE OF 20o22'20"; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE, 243.56 FEET; THENC~ s.7go03'46"W., 384.56 FEET TO A LINE 40.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SECTION 25; THENCE N.0O59'57'~., ALONG SAID PARALLEL LINE, 351.07 FEET TO THE SAID POIHT OF BEGINNING. ORDER NO. 93-22 O'BRIEN, SUITER & O'BRIEN, INC. Land Surveyors 2601 H. FI~DERAL HIGHWAY DELRAY 276.4501 ~Et,A~' ,EACH. FrO,mA 334~ ,m',mN AUGUST 23, 1995 THAT PART OF SECTION 25, TOWNSHIP 46 SOUTH, RAN(~ 42 EAST, PALI~ BEACH OOUNTY, FLOR I DA, DESCR I BED AS FOLLOWS: ~NC~ AT THE WEST QUARTER SECTION OORNER OF SAID SECTION 25; THEN(~ N.89oog'57"E., ALONG THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 25, 1346.08 FEET TO THE WEST LINE OF THE EAST HALF (E. 1/2) OF TH~ NOR~ST QUARTER (N.W. 1/4) OF SECTION 25; THENCE N.lo02'29'~., ALONQ THE SAIO WEST LINE, 1013.40 FEET TO THE POINT OF BEGINNING; THENCE N.88o52'27"E., 908.39 FEET TO A LINE 600.00 FEET WEST OF ANO PARALLEL WITH THE WEST LINE OF THE PLAT OF FOXE CHASE, AS REOORDED IN PLAT BOOK 38, PAGES 1 AND 2 OF THE PUBLIC REOORDS OF PALM BEACH ~, FLORIDA; THENCE N. lo07'33'~., ALONG SAID PARALLEL LINE, 651.60 FEET; THENCE S.88052'27"W., 22.30 FEET TO A POI NT OF CURVATURE OF A CURVE OONC. AVE SOUIHERLY W l TH A RADI US OF 150.00 FEET AND A CENTRAL ANGLE (~ 36051'34"; 7HENCE WESTERLY, ALONG TI~ ARC OF SAID CURVE, 96.50 FEET; THENCE S.52O00'53'~., 32.98 FEET; THENCE N.37o59'07'~., 165.99 FEET TO A POINT OF CURVATURE OF A CURVE ~VE EASTERLY WITH A RADIUS OF 370.00 FEET AND A CENTRAL ANGLE OF 37o03' 10"; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE, 239.28 FEET; THENCE N.0O55'57'~., 248.80 FEET TO POINT OF CURVATURE OF A CURVE ~VE EASTERLY WITH A RADIUS OF 220.00 FEET AND A CENTRAL ANGLE OF 12o52'1 l"j THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE, 49.42 FEET; THENC~ N.11o55'14"E., 206.78 FEET TO A POI NT OF CURVATURE OF A CURVE ~VE WESTERLY Wl TH A RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF 12o 52' 11" = THENCE NORTHERLY, ALONG THE ARC OF SA I D CURVE, 67.39 FEET; THENCE N.0o55'57'1~/., 152.08 FEET TO THE NORTH LINE OF SAID SECTION 25; THENCE S.89o04'03"W., ALONG SAID NORTH LINE, 655.27 FEET TO THE WEST LINE OF EAST HALF (E.1/2) OF THE NOR1TI~ST QUARTER (N.W. 1/4) OF SAID SECTION 25; THENCE S. lo 02' 29"E., ALONG SA ID WEST L I NE, 1678.85 FEET TO THE SAID POI NT OF BEG INN I NG. ORDER NO. 93-22 O'BRIEN, SUITER & O'BRIEN, INC. Land Surveyors DEIRA¥ BEACH, FLORIOA 334~3 80YNTON 73~-3~79 AUGUST 23, 1995 THAT PART OF SECTI ON 25, TOWNSH I P 46 SOUTH, RANGE 42 EAST, PALH BEACH OOUNTY, FLOR I DA, DESCR I BED AS FOLLONS: O01~ AT THE WEST QUARTER SECTION OORNER OF SAID SECTION 25; THENCE N.89oO9'57"E., ALONG THE EAST-WEST QUARTER SECTION LINE OF SAIO SECTION 25, 1346.08 FEET TO THE WEST LINE OF THE EAST HALF (E. 1/2) OF THE NORTH~ST QUARTER (N.W.1/4) OF SECTION 25; THENCE N. lo02'29"W., ALONG THE SAIO WEST LINE, 1013.40; THENCE N.88o52'27"E., 908.39 FEET TO A LINE 600.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE PLAT OF FOXE CHASE, AS RE~ IN PLAT BOOK 38, PAGES 1 AND 2 OF THE PUBLIC REOORDS OF PALM BEACH C(XJNTY, FLORIDA; THENCE N. lO07'33'~., ALONG SAID PARALLEL LINE, 651.60 FEET TO THE POINT OF BEGINNING; THENCE S.88o52'27"W., 22.30 FEET TO A POINT OF CURVATURE OF A CURVE OONC~VE SOUTHERLY WITH A RADIUS OF 150. O0 FEET AND A CENTRAL ANGLE OF 360 51' 34"; THENCE WESTERLY, ALONG THE ARC OF SA I D CURVE, 96.50 FEET; THENCE S.52o00'53"W., 32.98 FEET; THENCE N.37o59'OT"W., 165.99 FEET TO A POINT OF CURVATURE OF A CURVE OONCAVE EASTERLY WITH A RADIUS OF 370.00 FEET AND A CENTRAL ANGLE OF 37o03' 10"; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE, 239.28 FEET; THENCE N.0o55'57'~/., 248.80 FEET TO POINT OF CURVATURE OF A CURVE ~VE EASTERLY WITH A RADIUS OF 220.00 FEET AND A CENTRAL ANGLE OF 12o 52' 11"; THENCE NORTHERLY, ALONG THE ARC OF SA I D CURVE, 49.42 FEET; THENCE N.11o56'14"E., 206.78 FEET TO A POINT OF CURVATURE OF A CURVE ~VE WESTERLY WITH A RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF 12o52'11"; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE, 67.39 FEET; THENCE N.0o55'57'~9., 152.08 FEET TO THE NORTH LINE OF SAID SECTION 25; THENCE N.89oo4'O3"E., ALONG SAID NORTH LINE, 237.17 FEET TO THE SOUTH RIGHT OF WAY LINE OF GERHANTOWN ROAD; THENCE S.69o35'37"E., ALONG SAID SOUTH RIGHT OF WAY LINE, 264.'/'5 FEET TO A POINT ON A CURVE ~VE EASTERLY WITH A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 18o16'32" AND A CHORD BEARING S.13o33'49"E.; THENCE SOUTHERLY, ALONG THE ARC OF SAIO CURVE 127.59 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE WESTERLY WITH A RADIUS OF 320.00 FEET AND A CENTRAL ANGLE OF 3o57'27"; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE 22.10 FEET; THENCE S.88o52'27"W,, 17,57 FEET; THENCE S,lO07'33"E,, 197.T9 FEET; THENCE S.43052'27"W,, 212, 13 FEET; THENCE S. lo07'33"E,, 360,00 FEETs THENCE S.88o52'27"W., 100.00 FEET; THENCE S,lO07'33"E., 74.40 FEET TO THE SAID POINT OF BEGINNING. ORDER NO. 93-22 O'BRIEN, SUITER & O'BRIEN, INC. Land Surveyors 2601 N. FEDERAl. HIOHWAY DELRAY 276-4501 DELRAY BEACH, FLORIDA 33483 BOYNTON 732-3279 AU~ST 23, 1995 DEScRIpTION PARCEL 4 ............ THAT PART 0F~ SECTION 25, TCINNSH! P 46 SOUTH, RANGE 42 EAST, PALM BEACH OOUNTY, FLOR I DA, DES~ I BEO AS FOLLCINS: BEGIN AT THE ~ST OORNER OF THE PLAT OF FOXE CHASE, AS REOORDED IN PLAT BOOK 38, PA_.G~,S ,1, AND 2~F THE PUBLIC REO3RDS OF PALM BEACH OOUNTY, FLOR IDA; THENCE N.69o35 37 W., ALONG THE SOUTH RIGHT OF WAY LINE OF GERHANTOWN ROAD, 394.75 FEET TO A POINT ON A CURVE ~VE EASTERLY WITH A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 18o 16 ' 32" AND A ~ BEAR ! NG S. 13o 33' 49"E. ~ THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE 127.59 FEET ~:)A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE WESTERLY W lTH~A RADIUS OF 320.00 I~:ET AND A CENTRAL ANGLE OF 3~57'27"~ T~ENCE SOUTHERLY, ALOI4G THE ARC OF SAID CURV~ 22.10 FEET; ,~..,,!~_ N.88o52'27"E., 132.43 FEET; THENCE S. lo07'33"E., 72.79 FEET; TI~NCE N.68052 31 E., 212.83 FEET TO THE SAID POINT OF BEGINNING. ~ ORDER NO. 93-22 O'BRIEN, SUITER & O'BRIEN, INC. Land Surveyors ~601 N. FEDERAt HIGHWAY DEI. RAY 276-4501 DELRAY 8EACH, FLORIDA 33483 BOYNTON 732-3279 AUGUST 23, 1995 DESCRIPTION PARCEL 5 ~ ~ THAT PART OF SECT ION 25, TOHNSH I P 46 SOUTH, RAN(3E 42 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLC~S: OCt*t~N(~ AT THE WEST QUARTER SECT ION OORNER OF SA I D SECT ION 25; THENCE N.89oo9'57"E., ALONG THE EAST-WEST QUARTER SECTION LINE OF SAIO SECTION 25, 1346.08 FEET TO THE WEST LINE OF THE EAST HALF (E.1/2) OF THE NORTI'MEST QUARTER (N.W. 1/4) OF SECTION 25; THENCE N. loO2'29"W., ALONG THE SAIO WEST LINE, 346.75 FEET TO TIlE POINT OF BEGINNING; THENCE N.87o22'41"E., 300.11 FEET; THENCE N.80o18'41"E., 121.93 FEET; THENCE N.88o35'07"E., 114.70 FEET TO A POINT OF CURVATURE OF A CURVE OONCAVE NORTI-INESTERLY WITH A RADIUS OF 98.38 FEET AND A CENTRAL ANGLE OF 8~o50' NORTHEASTERLY, ALONG THE ARC OF SAID CURVE, 149.13 FEET; THENC~ N. lO44' 13"E., 108.07 FEET; THENCE N.87o31'47"W., 366.51 FEET; THENCE N.I~o13'37"W., 66.33 FEET; THENCE N.84o26'55"W., 268.05 FEET TO THE SAID WEST LINE OF THE EAST HALF (E. 1/2) OF THE NOR'ITt~ST QUARTER (N.W.1/4) OF SECTION 25; THENCE S. lO02'29"E., ALONG SAID WEST LINE, 348.20 FEET TO THE SAID POINT OF BEGINNING. ORDER NO. 93-22