69-95 ORDINANCE NO. 69-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN
AMENDMENT 95-2 PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT", FLORIDA STATUTES
SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSIVE PLAN AMENDMENT 95-2" AND INCORPORATED
· HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the authority
granted pursuant to the provisions of Florida Statutes Sections
163.3161 through 163.3243, known as the "Local Government
Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission
adopted the document entitled "Comprehensive Plan - Delray Beach,
Florida"; and
WHEREAS, the Planning and Zoning Board, as Local Planning
Agency, did prepare an amendment to the Comprehensive Plan entitled
"Comprehensive Plan Amendment 95-2"; and
WHEREAS, the Planning and Zoning Board, as Local Planning
Agency, following due public notice, held a public hearing on August
28, 1995, in accordance with the requirements of the "Local Government
Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, after the above referenced public hearing, the
Planning and Zoning Board, as Local Planning Agency, recommended to
the City Commission that the proposed Comprehensive Plan Amendment
95-2 be transmitted; and
WHEREAS, proposed Comprehensive Plan Amendment 95-2 was
submitted to and reviewed by the City Commission; and
WHEREAS, following due public notice, the first of two
required public hearings on Comprehensive Plan Amendment 95-2 was held
by the City Commission on September 5, 1995, at which time it was
authorized to be transmitted to the Department of Community Affairs
for required review; and
WHEREAS, a report of Objections, Recommendations and
Comments (CRC) has been received from the State Department of
Community Affairs and said report has been reviewed by the Planning
and Zoning Board, as Local Planning Agency, and is the basis for
modifications to the proposed Comprehensive Plan Amendment 95-2; and
WHEREAS, following due public notice, the second of two
required public hearings on Comprehensive Plan Amendment 95-2 was held
on December 5, 1995, in accordance with statutory requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section ~, That the City Commission of the City of Delray
Beach, Florida, hereby declares its intent to exercise the authority
granted pursuant to the provisions of Florida Statutes Sections
163.3161 through 163.3243, inclusive, known as the "Local Government
Planning and Land Development Regulation Act"
Section 2. That in implementation of its declared intent as
set forth in Section ! of this ordinance, there is hereby adopted the
document entitled "Comprehensive Plan Amendment 95-2", which is
attached hereto as Exhibit "A" and incorporated herein by reference.
Section 3. That the document entitled "Comprehensive Plan -
Delray Beach, Florida" is hereby amended pursuant to the document
entitled "Comprehensive Plan Amendment 95-2"
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 6. That this ordinance shall become effective upon
the date a final order is issued by the Department of Community
Affairs finding the amendment to be in compliance in accordance with
Chapter 163.3184, F.S.; or the date a final order is issued by the
Administration Commission finding the amendment to be in compliance in
accordance with Chapter 163.3184, F.S.
PASSED AND ADOPTED in regular session on second and final
reading on this the 5th day of Dec 1995.
AT/%EST: ~, , ~ ,
City C~lerk '
First Reading November 21, 1995
Second Reading December 5, 1995
- 2 - Ord. No. 69-95
Exhibit "A" to Ordinance No. 69-95
TABLE OF CONTENTS
CITY OF DELRAY BEACH
Page
TRAFFIC ELEMENT
1 Inventory
2 Analysis
4 Definitions
5 Policy A-1.3 (In-Town Shuttle System)
5 Policy A-1.4 (Palm Tran Transit System)
5 Objective B-1 (Level of Service Established)
6 Objective D-3 (Transportation Concurrency Exception Area)
6 Policy D-3.1 (Transportation Surveys for TDM Activities)
6 Policy D-3.2 (Feasibility of Establishing a TCMA)
7 Policy D-3.3 (LDR Changes to Implement TDM Activities)
7 Policy D-3.4 (Increase Number of Buses on Palm Tran Routes)
7 Policy D-3.5 (Bicycle Facilities)
7 Policy D-3.6 (Plan for an In-Town Shuttle System)
8 Policy D-3.7 (Establishment of an In-Town Shuffle System)
8 Policy D-3.8 (Utilization of Municipal Parking Lots)
8 Policy D-3.9 (Deceleration Lanes at 1-95/Atlantic Avenue)
8 Policy D-3.10 (Downtown Sidewalk Network)
8 Policy D-3.11 (Intermodal Linkages)
HOUSING ELEMENT
9 Policy B-3.1 (Identity and Priority for Geographic Areas)
COASTAL MANAGEMENT ELEMENT
10 Objective B-3 (Tourism)
10 Policy B-3.3 (Beach Use Restrictions)
10 Policy C-7.1 (Shoreline Use Priorities)
Page
FUTURE LAND USE ELEMENT
12 Other Items
15 Analysis
16 Policy A-1.6 (Commercial Land Use Amendments)
16 Policy A-5.13 (CBD to Accommodate Increased Density)
16 Policy A-5.14 (CBD to Facilitate Industry and Commerce)
16 Policy C-1.6 (North Federal Highway Corridor)
17 Objective C-2 (Redevelopment Areas)
18 Policy C-2.4 (Atlantic Avenue Area)
19 Policy C-4.3 (CBD Development Plan)
20 Policy C-4.10 (Economic Development Strategy for West Atlantic)
21 Figure L-8 (Transportation Concurrency Exception Area)
CAPITAL IMPROVEMENT ELEMENT
23 Policy A-3.11 (Maintain Traffic Engineer Position)
23 Policy A-3.12 (Funding for Preparation of TME)
REQUIREMENTS FOR CAPITAL IMPROVEMENT IMPLEMENTATION
24 Five Year Capital Improvements Schedule
AMENDMENTS TO THE FUTURE LAND USE MAP
27 Spence Property
27 West Atlantic Area
SUPPORT DOCUMENTS
Appendix
1 Transportation Concurrency Exception Area (TCEA)
2 West Atlantic Redevelopment Plan
3 Beach Concessions
4 North Federal Highway Corridor
5 Spence Property
ii
CITY OF DELRAY BEACH
TRAFFIC ELEMENT
Location: Pg. II1-C-8, Inventory
Change: DELETION
:TA,BL-E-T-1C
INTERIM LOS STANDARD__. FOR GATEWAY ROADS IN THE DOWNTOWN
TP~A I%111 I A/~-I::: (~EMTED r~l::%ll::l ~DRR~KIT q~EMADI~
Location: Pg. III-C-10, Inventory
Change: DELETION
Location: Pg. III-C-14, Analysis
Change: ADDITION
3. Analysis
The City. has established a Transportation Concurrency Exception Area
(TCEA) to aid in the revitalization of the downtown. One purpose of d,~fining
this specific area is to gain access to the flexibility, allowed for concurrency
management. The TCEA provides incentives to redevelopment by
eliminating transportation concurrency reauirements. These incentives "
encourage land use planning within a compact area which enh~n(~e$ mobility
goals with a balanced development scenario. This development pattern will
result in alternatives to the use of a single occupant automobile trip for
mobility needs.
This area is described in detail in the Future Land Use Element, The TGEA
encompasses the central business district of Delray Beach. pursuant to
Section 163.3164(.25) F.S.. and contains approximately 436 acres. The
general limits of the TCEA are 1-95 on the west. SR A1A on the east, SE 2nd
Street on the south, and NE 4th Street on the north. The specific boundaries
of the TCEA are shown on Figure L-8 in the Future Land Use Element
Page 2
Location: Pg. III-C-14, Analysis
Change: DELETION
h~l~.~N r~l;o~;~ nnd ~hi~t~ehl~ m~nn~r Thio ~m~;6~nlh: ;n~l,,d~ ~h~ ~r
Page 3
Location: Pg. III-C-16, Definitions
Change: REVISION
5. DEFINITIONS:
This section of the Traffic Element contains definitions of traffic terms
relating to the contents of this element. It is not a Rule 9J-5, F.A.C.
requirement, but is included in the plan for the purpose of clarifying
technical traffic terminology appearing in this Element and elsewhere in
this Plan.
TRANSPORTATION CONCURRENCY EXCEPTION AREA - A specific
geographic area delineated in the local government comprehensive plan
for downtowl~ revitalization within the designated central business district
pursuant to Section 163.3164(25) F.S. A proposed development located
in the designated exception area shall not be subject to the requirements
.of Rule 9J-5.0055(3)(c)1-4.
DOWNTOWN REVITALIZATION - The physical and economic renewal of
a central business district of a community_ as designated by local
government, and includes both downtown development and
· redevelopment.
TRANSPORTATION DEMAND MANAGEMENT (TDM) - strategies and
techniques that can be used to increase the efficiency of the
transportation system. Transportation demand management focuses on
ways of influencing the amount of and demand for transportation by
encouraging alternatives to the single occupant automobile and by
altering local peak hour travel demand. These strategies and techniques
may, among others, include: ride sharing programs, flexible work hours,
telecommuting, shuttle services, and parking management.
Page 4
Location: Pg. III-C-22, Policy A-1.3
Change: DELETION
Location: Pg. II1-C-22, Policy A-1.4
Change: REVISION
Policy A-1.4 The City, through this Policy statement, endorses the continued
operations of the Palm Tran Cotton Transit System and its operations in
Delray Beach.
Location: Pg. II1-C-26, Objective B-1
Change: REVISION
Objective B-1
The Level of Service (LOS) for the Delray Beach street system is hereby
established as "C" for all conditions except for:
Page 5
· streets under State jurisdiction which shall be allowed to function at LOS
"D" under any condition pursuant to Table T-lb, and
· streets under County jurisdiction which shall be allowed to function at LOS
"D" under any conditions pursuant to the Palm Beach County Traffic
Performance Standards, Ordinance 90-40, and
· streets identified as City Collectors or City Arterials on the Traffic Element
Network Map (Figure T-4) shall be allowed to function at LOS "D" under
any condition pursuant to Table T-lb.
· streets within the TCEA are excepted from traffic concurrency
requirements, interim TCMA shall b~ a!!cw~d tc functicn ct LOS 'D'
Location: Pg. III-C-30, NEW Objective D-3
Change: ADDITION
Ob!ective D-3:
A Tra.nsPo.rtation Concurrency Exception Area (TCEA) is hereby established
for the purpose of downtown revitalization. Within the TCEA. there shall be
no traffic concurrency requirements. Transportation and mobility_ needs
within the TCEA shall be met through the implementation of the following
policies:
Location: Pg. III-C-30, NEW Policy D-3.1
Change: ADDITION
Policy D-3.1 In cooperation with the Florida Department of Transportation
regional Commuter Assistance Program. the City. shall perform and ~nalyze
transportation surveys to determine the issues and needs for employer based
TDM activities, including but not limited to ride sharing, van pooling, and
flexible work hours. These activities shall be completed in FY 96/97,
Location: Pg. III-C-30, NEW Policy D-3.2
Change: ADDITION
Page6
Policy D-3.2 An analysis shall be made by FY 97/98, based in part upon the
above noted surveys, to determine the feasibility_ and. potential efficiency, of
the establishment of a Transportation Management Association (TMA). Until
such time as. a TMA is established, the feasibility, shall be reassessed
periodically, at least every, two years.
Location: Pg. III-C-30, NEW Policy D-3.3
Change: ADDITION
Policy D-3.3 The City shall adopt changes to the Land Development
Regulations that require ma!or developers (more than 50 employees) locating
within the TCEA to submit a program to implement employer based TDM
activities. This activity, shall be completed by FY 97~98.
Location: Pg. III-C-30, NEW Policy D-3.4
Change: ADDITION
Policy D-3.4 The City. shall coordinate with Palm Tran and the MPO [through
the Congestion Management System (CMS)] to increase the number of
buses on the palm Tran routes to reduce headways, to 20 mir~utes in the
peak ho~rs, and 45 minutes in the off-peak by 2015.
Location: Pg. II1-C-30, NEW Policy D-3.5
Change: ADDITION
Policy D-3.5 The City. and CRA shall, by FY 97/98. install additional bicycle
facilities in the TCEA to accommodate and encourage the use of bicycles as
transportation. These could include bike racks, bike lockers and other bicycle
parking facilities.
Location: Pg. III-C-30, NEW Policy D-3.6
Change: ADDITION
Policy D-3.6 The City and the CRA shall establish a plan for an in-town
shuttle system by the year 2000 to serve the downtown, Tri-Rail, and the
beach with headways of 10-12 minutes.
Page 7
Location: Pg. III-C-30, NEW Policy D-3.7
Change: ADDITION
Policy D-3.7 Implementation of the in-town shuttle system described in Policy
D-3.6 shall be coordinated with the MPO through the Congestion
Management System (CMS) by the year 2010.
Location: Pg. III-C-30, NEW Policy D-3.8
Change: ADDITION
Policy D-3.8 The City and TMA, if and when established, shall improve
utilization of the existing municipal parking lots in the TCEA through improved
signage and public awareness. This task shall be accomplished by FY 98/99.
Location: Pg. III-C-30, NEW Policy D-3.9
Change: ADDITION
Policy D-3.9 The City. shall coordinate with the MPO. through the Congestion
Management System (CMS) to add deceleration lanes at Atlantic Avenue/I-
95 by the year 2010 to relieve congestion,
Location: Pg. III-C-30, NEW Policy D-3.10
Change: ADDITION
Policy D-3.10 The City. shall eliminate the missing links in the sidewalk
network throughout the TCEA and within one-quarter mile of its boundaries
by FY 02/03,
Location: Pg. II1-C-30, NEW Policy D-3.11
Change: ADDITION
Policy D-3.11 Intermodal linkages shall be provided between different types
of transportation. These could include sidewalks from parking areas to
Atlantic Avenue. shuttle and bus stops, and a shuttle from bus stops to
shopping areas or parking.
Page 8
HOUSING ELEMENT
Location: Pg. III-E-25, Policy B-3.1
Change: REVISION
Policy B-3.1: The priority for the preparation of redevelopment strategies
shall be as follows:
1. the area south of the CBD, north of S.W. 10th and bounded by the
F.E.C. railway and Federal Highway;
2. the area west of former Germantown Road;
3~ ~ the Federal Highway/LaMat/Lindell area;
4~ ~. Silver Terrace and adjacent mobile home park;
5. ~.. the Linton/S.W. 4th Avenue area; and
6. -7-=. the east portion of the original Woods of Southridge subdivision;
At least two redevelopment strategies shall be developed during each fiscal year
including FY 90/91. Changes in priority can occur without an amendment to the
Plan if there is interest in a redevelopment area by the private sector or in order
to tie such housing redevelopment to a redevelopment area plan pursuant to the
Land Use Element.
Page 9
COASTAL MANAGEMENT ELEMENT
Location: Pg. III-F-22, Objective B-3
Change: REVISION
Ob.iective B-3:
Recognizing that "tourism" is a mainstay of the City's economic base and that
the "beach area" is the focal point of that tourism, the City shall enhance its
standing in the competition for that part of the tourist industry which has
disposable income to be spent while on vacation. The City. shall protect the
beach as an economic resource by continuing to provide a valuable amenity.
for beach users, including reasonable support facilities, without !eo.Dardizing
the essentially passive character of the beach and its value as a naturel
resource. This objective shall be achieved through activities as expressed in
the following policies.
Location: Pg. III-F-22, Policy B-3.3
Change: REVISION
Policy B-3.3: The high quality of the Municipal Beach shall be retained
through current use restriction programs. =ffcK'.. ~ ...... :'~' ""'" .... :'-"'~' ;''
=~3!! b= dc,-,!=d. The beach concession, under contract with the City. rrlev be
allowed to provide certain limited recreational amenities for beach visitors.
The services provided are limited to the rental of chairs, umbrellas, cabanas.
and boogie boards. All other concessions shall be prohibited, Cooking on
the beach shall be prohibited and litter law enforcement shall be strictly
enforced except for publicly endorsed events.
Location: Pg. III-F-27, Policy C-7.1
Change: REVISION
Policy C-7.1: The highest priority for shoreline use in the City of Delray
Beach shall be for beach purposes which shall include recreation and
Page 10
conservation. There shall be no commercial development nor water-
dependent development (except the beach) or water-related uses. except
those permitted pursuant to Policy B-3.3. along the shoreline which abuts the
beach. Residential development shall not exceed a height greater than 48',
except as provided in Policy C-3.7, from the elevation of the crown of
Highway A-1-A and shall be constructed in accordance with the City's Coastal
Protection Ordinance. (c8) [LDR Section 4.5.5(D)]
Page11
FUTURE LAND USE ELEMENT
Location: Pg. III-G-7, Other Items
Change: ADDITION
3. Other Items:
Downtown Delray Beach. including West Atlantic Avenue and the commercial
areas east of the Intracoastal Waterway. is the logical location for a
concentration of growth, both commercial and residential. All ma!or
infrastructure, systems are in place, including a grid network of streets
providing convenient access...to and from major, arterials and the interstate
highway system.
However, a potential impediment to achieving the goal of a vibrant downtown
is the current level of service standard for traffic concurrency, Under existing
regulations, the main roadways within the downtown and adjacent areas must
operate at a level of service standard "D". which is the same standard that
applies to arterial roadways throughout the City.. The existing street network
may not be adequate to achieve that level of service, given existing
background traffic and the long range growth that is expected tO Occur in the
downtown area. Many existing building setbacks, as well as the pedestrian
oriented streetscape, provide little opportunity, for road widening to increase
traffiC capacity. Nor would such widening be consistent with the character
.and ambiance of ~;he area. Adherence to a rigid level of service standard for
traffic in the central business district would create a major obstacle to the
City's revitalization efforts, and could !eopardize the substantial public and
private investment that has been made in the area to date.
In order for Delray Beach to achieve its goal of a compact end vibrant
downtown, disincentives to development must be removed and repla~ed with
incentives to busines..~.es considering down. town locations. TO aid in the
revitalization of the downtown, the City has established a Transportation
Concurrency Exception Area (TCEA).
The TCEA encompasses the central business district of Delray Beach,
pursuant to Section 163.3164(25) F.S.. and contains approximately 436
acres. The general limits of the TCEA are 1-95 on the west. SR A1A 0t3 the
east. SE 2nd Street on the south, and NE 4th Street on the north. The
specific boundaries of the TCEA are shown on Figure L-8. Centered on
Atlantic Avenue. the main shopping street of the City, the general character
Page12
of the area is commercial. The TCEA includes the Central Business District
(CBD) zoning district. Central Business District - Railroad Corridor (CBD-RC)
and Old School Square Historic Arts District (OSSHAD). Als(;;) included are
the General Commercial (GC) zoning on West Atlantic Avenue and NW ,Sth
Avenue, .residentially zoned Darcels within one block north and south of
Atlarlti~ Avenue and several Community_ Facilities (CF) zoned DroDerties that
fall within the boundaries of the TCEA.
Location: Pg. III-G-7, Other Items
Change: DELETION
3. Othc."
Page 13
,JS£S CUeeE-~ ~
~ 585,995 n~n ~n.
~ !27 !80 180
~ ~i~.,i~/,,.i~ ,145 134
~ o~,~ ~,,~+~ 264 383 957
~ 15 o o
~ 117,533 q~ ~n
Page 14
Location: Pg. III-G-14, Analysis
Change: DELETION
Page 15
Location: Pg. III-G-20, Policy A-1.6
Change: REVISION
Policy A-1,6 To encourage revitalization.'~ .... 1 ~1~,1~"*. I~... of the City's Central
Business District, Future Land Use Map amendments to Commercial
designations in outlying areas of the City's Planning Area shall not be
accommodated.
Location: Pg. III-G-23, Policy A-5.13
Change: REVISION
Policy A-5.13 ,To. promote revitalization of the City's central business district.
~"..., w...,..,h"-'- ~oo.~,......, the City shall, by FY ..95196, amend the Central Business
District (CBD) Zoning District to accommodate increased multiple-family
densities of up to thirty (30) dwelling units per acre. == cr,,;!s!cr, ed !r, the
Location: Pg. III-G-23, Policy A-5.14
Change: DELETION
Location: Pg. II1-G-27, NEW Policy C-1.6 '
Change: ADDITION
Policy C-1.6 (NEW).
The following pertains to the North Federal Highway Corridor;
The North Federal Highway Corridor is defined as the area bounded by the
F.E.C. railroad right-of-way to the west. the Intracoastal Waterway and the town
of Gulfstream to the east. George Bush Boulevard to the south, and the north
City limits to the north.
Page 16
Properties in the corridor that.front on Federal Highway primarily (;;0ntain 8mall-
scale, strip commercial development. Many parcels in the area contain vacant or
dilapidated structures, substandard parking, and substandard landscaping, ,The
area also contains residential areas identified as "Stabilization" and "Stabilization
and Revitalizatign" on the Residential Neighborhood Categorization Map
contained in the Housing Element. Many of the remaining parcels in the area
are currently vacant.
Due to those conditions, the North Federal Highway corridor is hereby identified
as a blighted area. The CRA will be the lead agency for the preparation of. an
Improvement Program for the North Federal Highway Corridor. The City..
through its Planning and Zoning Department will provide support and assistance
to the CRA in the. preparation of. the North Federal Highway Corridor
Improvement Program.
The program will. at a minimum address the following issues:
· Improvement of the appearance of the area
,_._. Identification of appropriate uses for parcels adjacent to .Dixie Highway and
the F.E.C. railroad tracks.
· __ Identification of and strategies for the elimination of inappropriate and
marginal uses
,_._ Provision for increase~ in permitted residential densities adjacent to the
Intracoastal Waterway
Directing smaller business operations to more concentrated areas
· _._ Providing economic stimulation and investment in the area
Creation ofjobs
,__ Stabilization and preservation of residential neighborhoods through new
development, redevelopment and the elimination of blight
The plan will be completed in FY 95/96.
Location: Pg. II1-G-27, Objective C-2
Change: REVISION
Page 17
Objective C-2
The City, through its Planning Department, shall prepare at least two
redevelopment plans each year commencing in FY 91192. Plans for the
redevelopment areas shall be prepared in the following priority and shall
comply with the policies and activities set forth in this objective: (b2)
1. 2. Germantown Road IndustrialArea
2. 3. The vicinity of Lindell and Federal Highway
3. ~ Silver Terrace Subdivision
4~ ,~. S.W. 4th Avenue, north of Linton Boulevard
5. ~ Area between S.E. 2nd and S.E. 5th Streets, and Federal Highway to
Swinton Avenue
Location: Pg. III-G-28, Policy C-2.4
Change: REVISION
Policy C-2.4 The following pertains to the Atlantic Avenue Redevelopment Area:
This area extends in a corridor along Atlantic Avenue eastward from 1-95 to
Swinton Avenue. The present land uses in this area include single family
homes, duplexes, mini-parks, commercial uses along Atlantic Avenue and N.W.
5th Avenue, and scattered vacant parcels.
~rr;~rl~ ;~*r;~.
Page18
The West Atlantic Avenue Redevelopment Plan was adopted by the City_
Commi~,$ion July 11, 1995, The plan establishes Future Land Use Designations,
zonings, special development standards, and design guidelines for the
Redevelopment Area. Future development in the area must be in accordance
with the provi~,igns of the redevelopment plan.
Adoption of the redevelopment plan represents Phase I of the redevelopment
strategy for the area. Phase II consists of an economic development strategy to
be developed by the CRA. based on the Redevelopment Plan, and a market
study. The. economic development strategy will be completed by Fiscal Year
95196.
Location: Pg. II1-G-33, Policy C-4.3
Change: REVISION
Policy C-4,3 A special CBD deve~~plan shall be developed jointly by
the CRA and the City. It shall be initiated subsequent to completion of the
Atlantic Avenue Redevelopment Plan (see Policy C-2.4). It shall address the
maximum development which can be accommodated in a competitive market
while still retaining the "village like, community by-the-sea" character of the
CBD. It shall further identify the infrastructure requirements, including
parking, which will be needed to accommodate such an intensity of
development. Such a plan shall be formally processed as an amendment to
the Comprehensive Plan. The plan shall be instituted under the lead of the
Community Redevelopment Agency but conducted through close
participation with the City's Planning Department.
Page19
Location: Pg. III-G-34, NEW Policy C-4.10
Change: ADDITION
Policy C-4.10 Phase I of the redevelopment strategy for the area is the West
Atlantic Avenue Redevelopment Plan adopted by the City_ Commission July
11. 1995. Phase II is the economic development strategy to be developed by
the CRA based on the Redevelopment Plan and a market study. The
economic development strategy will be completed by Fiscal Year 95/96.
Location: Pg. III-G-34, NEW Policy C-4.11
Change: ADDITION
Policy C-4.11 The City. shall monitor development in the TCEA annually to
assess the land use mix. Should monitoring show that the rate of
development or land use mix vary. significantly from projections, the City_ shall
reanalyze the traffic impacts of the TCEA on the roadway network. The
monitoring effort shall also include a review of the implementing policies of
the TCEA and adiustments to their schedules as necessary, based on the
actual rate of development.
Location: Pg. III-G-34, NEW Policy C-4.12
Change: ADDITION'
Policy C-4.12 The TCEA shall become effective up~)n a finding of
consistency by Palm Beach County and the Florida Department of
Community. Affairs.
Location: Pg. III-G-34, NEW Policy C-4.13
Change: ADDITION
Policy C-4.13 In FY 95/96. the City ,shall amend its Land Development
Regulations to except land uses within the TCEA .from traffic concurrency
rec!uirements.
Page 20
Location: Pg. III-G-34, NEW Policy C-4.14
Change: ADDITION
Policy C-4.14 Developments of Regional Impact (DRI). even when located
within the TCEA. shall be sub_iect to the reo. uirements of Chapter.380. F.S.
Location: Pg. III-G-47, Figure L-8
Change: REVISION
TRANSPORTATION CONCURRENCY EXCEPTION AREA- BOUNDARIES
Page 21
FIGURE L-8 TRANSPORTATION CONCURRENCY EXCEPTION AREA
Page,22
CAPITAL IMPROVEMENT ELEMENT
Location: Pg. III-H-24, Policy A-3.11
Change: DELETION
Location: Pg. III-H-24, Policy ^-3.12
Change: DELETION
Page 23
REQUIREMENTS FOR CAPITAL IMPROVEMENT
IMPLEMENTATION
Location: Pg. IV-12, Five Year Capital Improvements Schedule
Change: REVISION
Page 24
TABLE IV-3 FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECT > $1 00,000
PROJECT & FUND I FY 1995-96 I FY 1996-97 I FY 1997-98 I FY 1998-99 J FY 1999-20
MUNICIPAL GOLF COURSE
BRIDGE REPLACEMENT 15,000 0 0 0 100,000
PROJE.CTS L, ESS THAN $100,000 . 157,000 125,000 75,000 80,000 90'00q
TOTALS I $172,000 I $125'000 I $175,000 I $180,000 I $190,000
DECADE OF EXCELLENCE II
FIRE STATION NO. 3 299,848 0 0 0 d"'
FIRE STATION NO. 4 195,118 0 0 0 0
N.W. DRAINAGE (PHASE II) 171,000 0 0 0 0
STREET, ALLEY, SIDEWALKS 2,710,679 0 0 0 0
BEAUTIFICATION PROJECTS 625,877 0 0 0 0
TOTALS I $4,002,522 I $0 I $0 I $01 $0
BEACH RESTORATION
SERVEYS, DUNE MANAGEMENT, OTHER 72,000 420,000 134,000 293,000 635,500
TOTAL I $72,000I $420,000I $134,000I $293,000I $6,135,500
(~EMETARy EXPANSION 0I 0I 0I 0I 0
TOTALS I$o I $Ol $01 $ol $o
CITY GARAGE I
~/EHICLE REPLACEMENT PROGRAM 550,000I550,0001 550,000 1 550,000 1 550,000
TOTALS I $550,000 I $550,0001 $550,000 I $550,000 I $550,000
1993 W&S REVENUE BOND
GOLF COURSE WELLS 409,003 0 0 0 0
A.S.R. - NORTH TANK AREA ·; 1,056,740 0 0 0 0
WATER MAIN - BARWICK ROAD 111,050 0 0 0 0
WATER MAIN -'LAKE IDA ROAD 162,293 0 0 0 0
WATER MAIN - ANDREWS AVENUE 168,985 0 0 0 0
WATER MAIN - N.E. 3RD AVENUE 129,474 0 0 0 0
WATER MAIN - RIDGEWOOD ROAD 119,629 0 0 0 0
MORIKAMI WELLS (6), PIPING 2,638,623 0 0 0 0
N. RESERVOIR HIGH SERVICE PUMP 316,052 0 0 0 0
AQUIFER STORAGE RECOVERY 278,000 0 0 0 0
TOTALS I ,$5,389,849 I $01 $01 $01 $0
A.S.R.- GOLF COURSE · 0 J 1,600,000 I 0 I 0 I 0
TOTALS I $0I $1,600,000 1 $01 $01 $0
STORMWA TLR UTIUTY FEE
AREA 13 SW MASTER PLAN 0 0 525,000 175,000 0
AREA 14 SW MASTER pLAN 0 0 0 750,000 250,000
AREA 16 SW MASTER PLAN '0 0 0 0 175,000
AREA 18 SW MASTER PLAN 0 0 0 0 475,000
LINDELL BLVD. (FED. HWY. TO DIXIE HWY.) 0 0 231,000 0 0
G. BUSH BLVD. (FED..HWY. TO INTRACOASTAL) 0 0 "181,000 0 0
SEASIDE DRIVE PUMP STATION 200,000 100,000 0 0 0
TOTALS $200,000 I $100,000, I, $937,000 [ $925,000I $900,000
Page 25
TABLE IV-3 FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECT > $100,000
I PROJECT & FUND I FY 1995-96 I FY 1996-97 I FY 1997-98 I FY 1998-99 I FY 1999-20 I
WA TLR~SEWER - NEW CAPITAL OUTLAY
WATER MAIN/LINE EXTENSIONS 75,000 0 200,000 200,000 200,000
SEWER MAIN/LINE EXTENSIONS 75,000 0 200,000 200;.000 200,000
OTH ER IMPROVEMENTS 100,000 100,000 200,000 200.~000 200,000
OTHER MACHINERY & EQUIPMENT 100,000 100,000 150,000 !50~000 150,000
WASTEWATER REUSE PROJECT 4,500,000 0 0 0 0
BOYNTON BEACH INTERCONNECT
& PUMPSTATION 0 400,000 0 0 0
VAC-CON TRUCK (NEW) 0 150,000 0 0 0
BRANDON DRIVE ~/ATER &'SEWER) 210,000 0 0 0 0
SILVER TERRACE (WATER & SEWER) 200,000 0 0 0 0
ToTALs I $5,260,000 I ,$750,000 I $750,000 I $75°,°°° I $750,000
WA TLR~SEWER RENEWAL & REPLACEMENT
WATER DISTRIBUTION
IMPROVEMENT PROGRAM 200,000 200,000 200,000 200,000 200,000
OTHER REPAIR/MAINT. 200,000 200',000 200,000' 200,000 200,000
R&R- TR~NSMiSION SYSTEM 300,000 300,000 345,000 345,000 345,000
R&R- COLLECTION SYSTEM 300,000 300,000 345,000 345 000 345,000
INTRACOASTAL CROSSING REPLACEMENTS 200,000 200,000 50,000 0 0
L.S. 50 RETROFIT 0 0 150,000 375,000 125,000
HIGHLAND BEACH - SEWER MAIN 300,000 370,000 80,000 0 0
TOTALS I $1,500,000 I, $1,570,0001. $1,370,000 I $1,465,0001 $1,215,000
GENERAL CONSTRUCTION FUND
STREET RESURFACING/RECONSTRUCTION 100,000 225,000 250,000 300,000 350,000
GENERAL TRAFFICJALLEY WAY IMpROVMENTS 50,000 50,000 "50,000 50,000 50,000
SOFTVVARE MAINTENANCE 0 30,000 30,000 30,000 30,000
EAST LAKE IDA BEAUTIFICATION 0 130,000 0 0 0
BUILDING RENEWAL & REPLACEMENT 75,000 75,000 100,000 100,000 100,000
HURRICANE SHUTTERS 0 170,000 150,000 0 0
SILVER TERRACE PAVING/DRAINAGE "100,000 0 0 0 0
CITY SEAWALL CONSTRUCTION PROGRAM 100,000 0 0 0 0
R&R -OTHER REPAIPJMAINT. 25,000 I. .25,000 50,000 50,000 50,000
R7R - COMPUTER EQUIPMENT 50,000 50,000 75,000 75,000 75,000
PUBLIC WORKS FUEL TANK REPLACEMENT 0 150,000 0 0 0
R&R- SWALES & SIDEWALKS 0 50,000 50,000 50,000 50,000
R&R- PARKS/PLAYGROUNDS 0 0 100,000 100,000 100,000
R&R- SEAWALL PROGRAM 0 0 0 50,000 50,000
HOMEWOOD BOULEVARD 100,000 0 0 0 0
AS/400 DISK UPGRADE 36,500 0 100,000 ' 100,000 100,000
P. OMPEY PARK POOL 200,000 0 0 0 0
TOTALS I" $838,500 I $955,000 I '$955,000 I $905,000 I $95J,000
Page 26
AMENDMENTS TO THE FUTURE LAND USE MAP
1. An amendment on 14.5 acres from County land use designations HR-8 (High
Density Residential, 8 units per acre) and CH-8 (Commercial High intensity
with a residential equivalent of 8 units per acre), to City land use designations
Transitional (2 acres) and Medium Density Residential ( 12.5 acres), in
connection with an annexation.
2. An Amendment on approximately 90 acres of land from redevelopment area
#1, to General Commercial ( 37 acres), Low Density Residential ( 23 acres),
Medium Density Residential ( 19 acres), Community Facilities ( 8 acres), and
Open Space ( 3 acres). The changes are being made in connection with the
completion and adoption of the West Atlantic Redevelopment Plan.
S:~adv\comp\952final
Page 27
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'/
SUBJECT: AGENDA ITEM % /0' ~ '- MEETING OF DECEMBER 5. 1995
SEQOND ~EADIN~ & PUBbIQ HE~RING FOR ORDINANCE NO. 69-95
ADOPTING CQMPREHEN$IVE PLAN AMENDMENT 95-2
DATE: NOVEMBER 29, 1995
This is second reading and public hearing for Ordinance No. 69-95
which adopts Comprehensive Plan Amendment 95-2. The required
review by the Department of Community Affairs has been completed
and comments received. The Florida Department of Transportation
made two formal objections; one concerning the Spence property
future land use map amendment, and the other concerning the
Transportation Concurrency Exception Area (TCEA). These concerns
have been addressed.
The major areas addressed by Comprehensive Plan Amendment 95-2
include various text amendments, including changes to the Coastal
Element to clarify the City's position on beach concessions, as
well as two amendments to the Future Land Use Map (FLUM) for the
Spence property and the West Atlantic Avenue Redevelopment Area.
These changes are outlined in the accompanying staff report.
The Planning and Zoning Board considered this item at public
hearing on November 13, 1995. There was no public testimony
concerning the FLUM amendments or other items included in the Plan
Amendment, except the amendments related to the beach concessions.
After discussion, the Board voted unanimously to recommend
approval, subject to the deletion of the shelter for the beach
concession and with specific limitations on the services provided
by that concession. At first reading on November 21, 1995, the
City Commission passed the ordinance unanimously, with the
stipulation that the Coastal Element text be modified to reflect
the elimination of the cabana concession portable shelter, and that
the concession be limited to the rental of chairs, umbrellas,
cabanas, and boogie boards. The text of Exhibit "A" to Ordinance
No. 69-95 will be finalized subsequent to adoption.
Recommend approval of Ordinance No. 69-95 adopting Comprehensive
Plan Amendment 95-2 on second and final reading.
ref: agmemo21 :t ~e/~ d~b/~nt~ ~one~l~;~ ~~1~ ~1~ ,z
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY I~NAGER
SUBJECT: AGENDA ITEM ~ 1~ ~ - MEETING OF NOVEMBER 21. 1995
FIRST READING FOR QRDINANCE NO. 69-95 ADOPTING
COMPREHENSIVE PLAN AMENDMENT 95-2
DATE: NOVEMBER 17, 1995
This is first reading for Ordinance No. 69-95 which adopts
Comprehensive Plan Amendment 95-2. The required review by the
Department of Community Affairs has been completed and comments
received. The Florida Department of Transportation made two formal
objections; one concerning the Spence property future land use map
amendment, and the other concerning the Transportation Concurrency
Exception Area (TCEA). These concerns have been addressed.
The major areas addressed by Comprehensive Plan Amendment 95-2
include various text amendments, as well as two amendments to the
Future Land Use Map (FLUM) for the Spence property and the West
Atlantic Avenue Redevelopment Area. These changes are outlined in
the accompanying staff report.
The Planning and Zoning Board considered this item at public
hearing on November 13, 1995. There was no public testimony
concerning the FLUM amendments or other items included in the Plan
Amendment, except the amendments related to the beach concession.
A report on that testimony is contained in the staff report.
Recommend approval of Ordinance No. 69-95 on first reading. If
passed, a public hearing will be held on December 5, 1995.
ref:agmemo21
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DIANE DOMINGUEZ, DIREC'FOI~,/OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 21. 1995
ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 95-2,
FIRST READING
ACTION REQUESTED OF THE CITY COMMISSION:
The action requested of the City Commission is that of approval on first reading
of an ordinance adopting Comprehensive Plan Amendment 95-2.
BACKGROUND:
The Amendment proposes changes to five Comprehensive Plan Elements,
including a number of objectives, policies and related data and analysis. There
were also two amendments to the Future Land Use Map (FLUM). The major
areas addressed by the Amendment include:
Text Amendments:
Changes resulting from establishment of a Transportation Concurrency
Exception Area (TCEA).
The Five Year Schedule of Improvements, which is updated as part of the
budget process.
* Changes to clarify the City's position relative to beach concessions.
· Text changes relative to the completion and adoption of the West Atlantic
Redevelopment Plan.
Text changes regarding the priority of redevelopment in the area of North
Federal Highway.
II.A.
City Commission Documentation
Adoption of Comprehensive Plan Amendment 95-2
Page 2
Future Land Use Map:
The Spence Property, 14.5 acres located on the west side of Military Trail
north of Atlantic Avenue.
The West Atlantic Redevelopment Area, approximately 90 acres located
adjacent to Atlantic Avenue between Swinton Avenue and 1-95.
The City Commission transmitted the Amendment to the Florida Department of
Community Affairs (DCA), for mandatory review, by action on September 5,
1995. That review process has been completed and comments of the reviewing
agencies have been given to the City.
The only comments forthcoming relative to the Amendment are from the Florida
Department of Transportation (FDOT). That agency made two formal objections
(attached), one concerning the Spence Property FLUM amendment, the other
concerning the TCEA.
The objection to the Spence FLUM amendment is that sufficient traffic analysis
was not performed. The DCA does not support this objection, so no response is
needed. However, staff will submit a copy of the full traffic study to assure
FDOT that sufficient analysis was performed.
The objection to the TCEA is that the report needs to include additional
objectives and policies to form a basis to establish a TCEA. Meetings have been
held with both FDOT and DCA on this issue and necessary changes have been
negotiated. These include additional traffic analysis and explanation of
methodology; minor changes to improve the clarity of the report; addition of
pertinent definitions; and additional policies to address monitoring of
development, Land Development Regulation changes, and consistency with the
County Comprehensive Plan.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Planning and Zoning Board held a public hearing on November 13, 1995 to
consider this item. There was no public testimony concerning the FLUM
amendments or other items included in the Plan Amendment, except the
amendments related to the beach concession. Testimony was received from six
individuals on the subject of the beach concession as follows:
City Commission Documentation
Adoption of Comprehensive Plan Amendment 95-2
Page 3
Kathy Stokes supported the continued existence of the cabana concession, but
expressed concern that the wording of Policy B-3.3 is too broad, and may allow
additional concessions on the beach. In addition, she was concerned about the
inclusion of floatation devices as one of the items allowed to be rented by the
concession, stating that was not part of the original service. Ms. Stokes
expressed concern that the term floatation devices is not sufficiently defined to
control abuses. She also opposed allowing a shelter for the concession. A letter
(attached) was submitted detailing these comments.
Frank Boyer, speaking for the Beach Property Owners Association (BPOA),
opposed allowing a shelter for the concession, citing it as precedent setting and
leading to commercialization of the beach. In addition, he opposed inclusion of
floatation devices among the items allowed to be rented by the concession. A
letter (attached) was submitted detailing these comments.
Harvey Brown opposed allowing a shelter for the beach concession.
Sandra Almy (BPOA), opposed allowing a shelter for the concession, stating that
the Comprehensive Plan should not allow a concession stand, and should
protect the beach. The BPOA opposes any amendment that would allow the
shelter in any form. The BPOA supports the continuation of the beach
concession.
John Flint, Seagate Manor Condominium Association and BPOA, also opposed
the shelter stating that allowing such a shelter opposes the philosophy of the City
expressed through the beach nourishment and dune revegetation programs.
Lynn Stokes expressed concern that allowing a shelter would confer property
rights on the concessionaire, that could not later be removed. He also
expressed concern that a structure would be impacted by erosion and beach
nourishment.
In response to questions from the Board, and in response to citizen comments,
John Walker, Planning Department, stated that the concession or shelter would
have no impact on the dune revegetation program. The proposed shelter is
portable and mounted on skids similar to the lifeguard stands, so it could be
moved during beach nourishment operations. The beach is owned by the City
and State, therefore, no property rights would be conferred on a concessionaire
by allowing a shelter to be built. Mr. Walker also noted that floatation devices
(boogie boards) are currently rented by the beach concession.
City Commission Documentation
Adoption of Comprehensive Plan Amendment 95-2
Page 4
After discussion, the Board voted unanimously to recommend to the City
Commission that Comprehensive Plan Amendment 95-2 be adopted as modified
by agreement with FDOT and as follows:
· Delete the amendment to Coastal Management Element Policy C-10.1, which
allows a shelter for the concession.
* Modify the amendment to Coastal Management Element Policy B-3.3 to
identify the beach concession, and specify that services are limited to the
rental of chairs, umbrellas, cabanas, and floatation devices.
RECOMMENDED ACTION:
By motion, approve the adoption ordinance on first reading, with appropriate
public hearing scheduled for December 5, 1995.
Attachments
S:\adv\comp\952cc2
TO: P&Z Board
FROM: Kathy Stokes (1220 Southways)
DATE: November 13, 1995
RE: Item A. Comprehensive Plan Amendment 95-2 (Policies B-3.3 and C-10.1)
Item C. LDRs to Add "Beach Cabana Concession"
1. Permitted beach concessions (Policy B-3.3) should be limited to the traditional beach
cabana service.
I believe that the language in the current proposal is too broad to implement the City's objective
to grandfather in the traditional beach cabana service. The proposed amendment to Policy B-3.3
prohibits sales of food, beverages and sundries but allows "certain limited recreational amenities
for beach visitors." The proposal goes on to provide that concessions [note the plural] may be
allowed, and services may include [but are not limited to] the rental of chairs, umbrellas,
cabanas and flotation devices.
The change in policy should be tied directly to the traditional Municipal Beach cabana service
which dates back to the 1940's since there is no doubt that this recreational amenity contributes
to the enjoyment of the beach and promotes Delray's Village-by-the-Sea atmosphere. However,
the potential for "certain other limited recreation amenities for beach visitors" is nothing but a
Pandora's box.
This vague language will allow business interests now and in the future to pressure the City
Commission to approve concessions which could all arguably provided certain limited
recreational amenities for visitors. For example, other companies might seek contracts with the
city to provide additional cabana services spaced along the entire Municipal Beach. Other
proposals for "permitted" services could also include towel rentals; kayak, surfboard, hobie cats
and jetski rentals; kite sales; and sports equipment rental including roller blades (since the
"beach" includes the sidewalk).
To prevent the various issues outlined above from arising, the following language is proposed
for Policy B-3.3:
The high quality of the Municipal Beach shall be retained through current use restriction
programs. Efforts to provide concessions in the beach area shall be discouraged, and
requests for such on the beach shall be denied. However, based on a Municipal Beach
tradition dating from the 1940's, a single concession under contract with the City may
be allowed to permit the rental of lounges or chairs, umbrellas and cabanas. Cooking
on the beach shall be prohibited. Litter law enforcement shall be strictly enforced except
for publicly endorsed events.
2. The cabana services should be limited to the traditional offerings of beach chairs,
umbrellas and cabanas, and the term "flotatiou devices" stricken from Policy B-3.3
(see above) and the LDR.
Historically, the cabana service has only offered beach chairs, umbrellas and cabanas. In fact,
the current contract does not include flotation devices. Consequently, it is not appropriate to
include flotation devices in the policy statement and the LDR. Even if some rationale arises for
including flotation devices in the cabana service, such a change should only be .made if these
flotation are more fully described in the policy statement and the LDR (e.g., "flotation devices
such as inflatable tubes but excluding surfboards, boats (such as kayaks or hobie cats), sail
boards or any other similar devices).
Consequently, the following language is proposed for Section 4.4.22(C)(7) of the City's LDRs:
Beach cabana concession, under contract with the City, limited to the rental of lounges
or chairs, umbrellas and cabanas.
3. "Cabana concession portable shelter" should be deleted from Policy C-10.1, and
LDR Section 4.4.22(C)(8) should be deleted in its entirety.
The proposed Comp Plan amendment to add "cabana concession portable shelter" to the original
list of exceptions for high-hazard area construction opens the door for all kinds of interpretation.
What is it we are proposing to allow?
Support Document #3 submitted by the City to the DCA states that "the company operating the
beach cabana concession [wants] to construct a 10' x 10' storage shed for their operation..."
(which sounds like a "Ted Shed"). However, a P&Z staff member recently described the
structure as a place for employees to be out of the sun and have a location where customers can
easily spot them (which sounds like a concession stand). The drawing from the company's
original request from this past Spring looks like a concession stand with a door and three or four
windows whose coverings appear to raise up as awnings.
For a company that's in the umbrella business, there is no need for a "storage shelter" to
provide shade for its employees. Also, it is the type of business that demands constant
monitoring. One wonders too why a structure is required now since for years John's Cabana
Service would pull a pick-up truck into one of the parking spaces at the beach and load the
chairs at the end of the day.
The proposed LDR for the structure is spot zoning at its worst. Here is an LDR providing for
a structure which has no size requirements (no maximum square footage is given in the LDR);
no location requirements (any where in OS zoning that is beach-related, including Atlantic Park
at the south end of the beach); no signage restrictions; no requirements regarding "portable"
(i.e., references to the City code on portable structures that are anchored); and removal
requirements for hurricane warnings. This building is such an extraordinary exception that the
source of many of the zoning requirements for this building will have to be incorporated into
the City contract.
BEACH PROPERTY OWNERS' ASSOCIATION INC.
P.O. Box 375
Delray Beach, FL 33444
November 10, 1995
Beach Property Owner's Association response to Item #3 on Planning
and Zoning Board of Delray Beach:
Amendment to Add Beach Cabana Concession as an accessory use
in the Open Space Zoning District.
Some six months ago the Delray Beach City Commission was con-
sidering possible sites for Beach Patrol Headquarters. One of the
four possibilities was to build headquarters on the beach, where it
simply made sense to have beach support on site. Of course, this
option was rejected immediately because it did not conform with the
spirit of Delray Beach City objectives for protecting the uniquely
pristine nature of our beach. Now we are being asked to accept the
placement of a permanent structure on the beach so that a conces-
sionnaire can "store equipment and keep necessary items to run the
business" to quote the March 15, 1995 application.
The Board of Trustees of the Delray Beach Property Owners'
Association met recently and unanimously voiced their objections to
the placement of such a structure. At very best the Beach Property
Owners' Association feels that this structure will set a precedent
that might lead to other structures. Why not a storage shed for the
beach cleaning vehicles, why not a maintenance shed for the repair of
lifeguard equipment? Why not a shop area where people can buy suntan
lotion, towels, food or flotation devices?
The greatest objection voiced was the commercialization of the
beach. The City of Delray Beach Cabana and Beach Equipment Contract
in no place specifies a beach structure for the storage and mainte-
nance of such necessary equipment. What it describes, is a conces-
sion for the rental of beach umbrellas, beach chairs, cabanas and
similar equipment. Today we are told in the support document that
this concession is under contract to provide services to beach visi-
tors, including the rental of chairs, umbrellas, cabanas and flotation
devices. We are concerned with this wording, because it expands the
services of this vendor. This creeping expansion underscores our
concern.
For the good of the beach, our most valuable economic resource,
let us maintain its' pristine quality. To build this structure
serves no need but the needs of the'vendor, and that is not nearly
compelling enough.
Sincerely,
Board of T;Ust~
Beach Property Owners' Association
Pt..ANNING & ZONING
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE: Special Meeting of November 13, 1995
AGENDA ITEM: II.A. RESPONSE TO ORC, AMENDMENT 95-2
ITEM BEFORE THE BOARD:
The item before the Board is that of review of the proposed response to the
Objections, Recommendations, and Comments (ORC) report for Comprehensive
Plan Amendment 95-2. The action to be taken is in the form of a
recommendation to the City Commission.
BACKGROUND:
The proposed Comprehensive Plan Amendment 95-2 was heard by the Planning
and Zoning Board on August 28, 1995. It was transmitted to the Florida
Department of Community Affairs (DCA) by action of the City Commission on
September 5, 1995. The formal ORC report has not yet been received, but staff
has discussed the issues with reviewing agencies and is able to report their
intended comments.
The Amendment proposes changes to five Comprehensive Plan Elements,
including a number of objectives, policies and related data and analysis. There
were also two amendments to the Future Land Use Map (FLUM). Refer to the
Table of Contents for the Amendment (attached) for an outline of the items
considered. The major areas addressed by the Amendment include:
Text Amendments:
* Changes resulting from establishment of a Transportation Concurrency
Exception Area (TCEA).
The Five Year Schedule of Improvements, which is updated as part of the
budget process.
Changes to clarify the City's position relative to beach concessions.
· Text changes relative to the completion and adoption of the West Atlantic
Redevelopment Plan.
Text changes regarding the priority of redevelopment in the area of North
Federal Highway.
II.A.
Planning and Zoning Board Memorandum Staff Report
Response to ORC, Amendment 95-2
Page 2
Future Land Use Map:
The Spence Property, 14.5 acres located on the west side of Military Trail north
of Atlantic Avenue.
The West Atlantic Redevelopment Area, approximately 90 acres located
adjacent to Atlantic Avenue between Swinton Avenue and 1-95.
The Board is to review the Response to ORC Report for Comprehensive Plan
Amendment 95-2. The City Commission will then consider the Board's
recommendation when it acts on the adoption ordinance. The ordinance will be
before the City Commission for first reading on November 21st; and second
reading (adoption on December 5th).
ANALYSIS:
The only comments forthcoming relative to the Amendment are from the Florida
Department of Transportation (FDOT). That agency made two formal objections
(attached), one concerning the Spence Property FLUM amendment, the other
concerning the TCEA.
The objection to the Spence FLUM amendment is that sufficient traffic analysis
was not performed. The DCA does not support this objection, so no response is
needed. However, staff will submit a copy of the full traffic study to assure
FDOT that sufficient analysis was performed.
The objection to the TCEA is that the report needs to include additional
objectives and policies to form a base to establish a TCEA. Meetings have been
held with both FDOT and DCA on this issue and necessary changes have been
negotiated. These include additional traffic analysis and explanation of
methodology; minor changes to improve the clarity of the report; addition of
pertinent definitions; and additional policies to address monitoring of
development, Land Development Regulation changes, and consistency with the
County Comprehensive Plan.
RECOMMENDED ACTION:
By motion, accept the Response to ORC Report and recommend to the City
Commission that Comprehensive Plan Amendment 95-2 be adopted as
modified.
Attachments:
* FDOT letter of 10/19/95 to DCA
* Letter of 11/1/95 to FDOT
* Table of Contents for Amendment 95-2
S:~dv\Comp\952PZ2
FLORIDA '-' TRANSPORTATION
· --= DEPARTMENT OF
{;ovuaNOa 3400 *,VEST COMMERCIAL IIOULEVARI)
FORT LAUDERDALE, FLORIDA 33309-3421
(305) 486-1400
DIVISION OF
PLANNING AND PROGRAMS
October 19, 1995
Mr. Ray Eubanks
Department of Community Affairs
Bureau of State Planning
2740 Centerview Drive
Tallahassee, FL 32399
Dear Mr. Eubanks:
SUBJECT: PROPOSED AMENDMENT COMMENTS
LOCAL GOVERNMENT: City of Delray Beach
DCA Amendment #: 95-2
As requested, the Department has reviewed the documents for the proposed Comprehensive Plan
Amendments for the City of Delray Beach.
It should be noted that the Department has worked closely with.the City of Delray Beach to assist
them with the development of a Transportation Concurrency Exception Area (TCEA)
comprehensive plan amendment which can be used as a model for other local governments.
The Comprehensive plan amendment was not yet in its final form when transmitted by the City.
They submitted at this time to remain on schedule for their second 1995 amendment adoption
cycle. The Department therefore has provided the attached objections, recommendations, and
comments on the Delray Beach transmittal. We expect to fully resolve needed revisions and
additions to the amendment prior to its adoption by the City.
Mr. Ray Eubanks
October 19, 1995
Page Two
OUr objections, recommendations, and comments on the proposed amendment package are
enclosed. '
Sincerely,
Joseph M. Yesbeck, P.E.
District Director
Planning and Programs
JMY:lhh
Enclosure
cc: B. Romig
G. Stuart
G. Schmidt
J. Krane
a: \dca95 -2. db
File: 4270.02, 4320.01, Delray Beach
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS, & COMMENTS
RESPONSIBLE DIVISION/BUREAU: PAanning_& Zoning
NAME OF LOCAL GOVERNMENT: City of Delray
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT: 09/12/95 -:
DATE MEMORANDUM RECEIVED FROM DCA: 09127195
REQUIRED RETURN DATE FOR COMMENTS: ] 0/30/95
ELEMENTS: Future Land Use Element
Traffic Circulation Element
DCA Plan Amendment Package # 95-2
RULE DEFICIENCY: Florida Administrative Code Rule 9I-5
OBJECTION -
The comprehensive plan amendment (draft TCEA Report) fails to include implementing goals
objectives, and policies to the City's Comprehensive Plan that form a base to which the City can
establish the proposed TCEA within the designated boundaries. Such implementing language shall
include for example, definitions and guidelines for establishing concurrency exceptions consistent
with the criteria in FAC Rule 9J-5.
Florida Administrative Code Rule 9J-5.005(6) requires, "...identification of those programs,
activities, 'and land development regulations that will be part of the strategy for implementing the
comprehensive plan goals, objectives, and policies that describe how the programs, activities, and
land development regulations will be carried out..." Furthermore, the goals, objectives, and
policies are to, "...establish meaningful and predictable standards for the use and development of
land and provide meaningful guidelines for the content of more detailed land development and use
regulations. '
RECOMMENDATIONS -
The City should provide implementing goals objectives, and policies to the City's Comprehensive
Plan.
REVIEWED BY: I.ARRY I-IYMOWITZ PHONE: 305~777-4663
REVIEWED BY: JOHN KRANF. PHONE: 305-777-4601
REVIEWED BY: GIISTAVO_SCHMIDT PHONE: 305-777-4601
2
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS, & COMMENTS
RESPONSIBLE DIVISION/BUREAU: INanning &_Zoning
NAME OF LOCAL GOVERNMENT: City of Delray_Beach
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT: 09JA2Z95
DATE MEMORANDUM RECEIVED FROM DCA: fl922_7~5
REQUIRED RETURN DATE FOR COMMENTS: 10/'~0/95
ELEMENT: Future Land Use Element
Traffic Circulation Element
DCA Plan Amendment Package//95-2
RULE DEFICIENCY: Florid~ Administrative Codes Rule 91-5 & 91-11
O~-S:00S(a~a) 9J-~ I_006(~)
-%[=5.XXlfi(2~ 9I-11.007(L)
9 -smo 2
OBJECTION - A traffic circulation analysis has been provided for a future land use amendment
from County HR-8 (High Density Residential - 8 units/acre) and CH/8 (Commercial High
Intensity with a residential equivalent of 8 units/acre) to City MDR (Medium Density Residential
5-12 du/acre) and Transitional on a 14.47 acre parcel.
The analysis fails to provide essential information which is necessary to determine the full extent
of potential impacts this amendment may have on the regional roadway network. Additionally,
the source of the information is not provided.
RECOMME~ATIONS - The City should provide analyses which account for trip distribution,
assignment, peak hour level of service, and existing and future peak hour and annual average daily
capacity of the adjacent roadway network based on the most recently available data with and
without the proposed amendment. The City should also provide the supporting data for the
analyses and the source(s) of the information.
REVIEWED BY: I.ARRY HYMOWITZ PHONE: 305-777-4663
REVIEWED BY: JOHN KRANE PHONE: ~q05-777-4601
REVIEWED BY: GI ISTAY_O SCHMIDT PHONE: 305-777-4601
3
CiTY OF DELRR¥ BEfl£H
DELB^¥ BE^CH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444. 407/243-7000
~l'~aCi~
1993
November 1, 1~05
Larry Hymowitz, Project Manager
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
RE: CITY OF DELRAY BEACH
TRANSPORTATION CONCURRENCY EXCEPTION AREA {TCEA)
Dear Larry:
This is in response to the comments regarding the TCEA that you presented to
John Walker at the meeting on October 26th.
It is our understanding that the comments related to the transportation conditions
reports will be addressed by David Plummer & Associates and revised copies of
the reports provided to us. The specific comments on text changes throughout
the document will be accommodated as discussed in the meeting.
The formal objection directed to the Department of Community Affairs (DCA),
and the suggested language you presented to satisfy the objection, requires a
more detailed response.
The examples provided by you are those of a county setting criteria and
procedures for municipalities to establish TCEA's. As such, they are not
appropriate to the City's Comprehensive Plan, although all the criteria are
addressed in our TCEA documentation.
The applicable criteria cited in the Broward County excerpt is addressed in the
implementing policies that are included in the City's Plan Amendment, or are part
of Rule 9J-5 as noted in our TCEA documentation. It is our understanding that
the language from Broward County was adopted prior to adoption of the TCEA
TH~ EFFOI:~ /~I_WAYS M,~TT~FIS
To: Larry Hymowitz
Re: City of Delray Beach - Transportation Concurrency Exception Area (TCEA)
Page 2
rule language. Otherwise, such detail would not have been necessary. Now
that the rule language is in place, a finding of compliance will mean that the
designated TCEA meets the criteria of Rule 9J-5.
We will modify the Plan Amendment to include:
- Definitions pertinent to the TCEA will be included in the Plan Amendment.
- A policy directing that the City shall monitor development in the TCEA
annually to assess the land use mix.
- A policy calling for an amendment to the Land Development Regulations
excepting land uses in the TCEA from traffic concurrency requirements.
- A policy stating that the TCEA will become effective when found
consistent by DCA and Palm Beach County.
With the above described changes, we believe that the proposed TCEA can be
approved by DCA and FDOT. Please confirm as soon as possible that the
proposed changes will satisfy your comments, or if further discussion is needed.
Sincerely,
D'~,~:or!
Planning and Zoning Department
S:\adv\TC EAkcomment I
FLORIDA DEPARTMENT OF TRANSPORTATION
LAW'TON
CiilLF, S
BEN
G.
WATTS
~ TRfiaNSPORTATI(-~N PI,AN~NLNG OFFICE - DISTRICT 4
GOVERNOR / SgCR~TARY
~ "t~/~ 3400 W~t Commcrclal Blva.. 3r~t tqoor. Ft. Laudenlal¢. FL 33309-3421
'rclcpl~onc: (305) 777-4601; }:ax: (305) 777-4671
November 8, 1995
Ms. Diane Dominguez, A.I.C.P.
Director of Planning & Zoning
Planning & Zoning Department
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL. 33444
Dear Ms. Dominguez:
Subject: Delray Beach Transportation Concurrency Exception Area (TCEA)
This letter is in response to your letter of November 1, 1995 and our rule-conference which
occurred on November 7, 1995, involving John Walker and yourself representing Delray Beach,
Greg Stuart representing the Department of Community Affairs, and Larry Hymowitz and myself
representing FDOT.
As per the tele-conference, we are in agreement with the proposed policies in your November 1
letter subject to the modification of the annual land-use mix assessment policy and the inclusion of
an additional policy related to DP, Is. The assessment policy, which reads, "The City shall monitor
development in the TCEA annually to assess the land use mix.", should be revised to require; (1)
A re-analysis of the traffic impacts, should the readjustment of the land-use mix warrant it; and (2)
An acceleration of the implementation of proposed policies concurrent with the rate of
development. Additionally, a policy should be adopted which specifies that DR_Is located within a
TCEA are subject to the requirements of Chapter 380, F.S. and Rule 9J-2, F.A.C. for the impacts
which occur outs,.'de ,zfthe TCEA.
We are continuing to coordinate with the Consultant regarding final revisions to the traffic
analysis documentation. These changes are editorial in nature and are not expected to result in
substantive changes to the impacts of the TCEA. The Department remains sensitive to the City's
internal deadline for adoption of the TCEA comprehensive plan amendment and will provide any
changes to the City as soon as possible. We understand that pages will be faxed to us which
contain the additional and revised policies for our review, and that the complete amendment will
be sent to us upon adoption.
The Department would like to continue to provide its technical expertise on any~-~-- ~ --- ---'~vafctu~
changes which in any way affect the impacts ot~ or mobility within, the TCEA.
-, ~R~YC~
Ms. Diane Dominguez, A.I.C.P.
November 8, 1995
Page Two
Please let us know if we can be of additional assistance.
John Krane, P.E.
Assistant Planning Manager
JK:lhh
cc: Gustavo Schmidt
Dave Blodgett
Larry Hymowitz
John Anderson
Kahart Pinder
Attachment
C:\wpwin60~doc~dbtcea3.1et
-....,I ,I...,- ._ ..
rIDING A ~NE~ tE~ER -
TICLE ~, ~VER~Y ANO
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il~l~ OF THE CI~ ~ DEL~Y . . ~ IN ~ ~PREHENSIYE
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~E~P~ENT REGU~TION5 OF HEREIN. FRM K (GENE~L W~IT~; E~ING
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~ATUTES SE~IONS ~.~1 T~ AVENUE ~D INTER- ~ ~1~ ~R ACRE ~ST ~ N.E.
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~ESTRICTION$ AND ~VELOP. ~ EFFECTIVE DATE.
MENT STANDARDS TO BE AP- '
~IED IN THE WEST AT~NT?C AV-
~T~UED ~uED
NOTICE OF PUBLIC HEARING
COMPREHENSIVE PLAN AMENDMENT 95-2
CITY OF DELRAY BEACH FLORIDA
The City Commission of the City of Delray Beach, Florid. a, will consider Amendment 95-2 to the City's adopted Comprehensive
Plan. Amendment 95-2 consists of amendments to the goals, objectives and policies of individual elements based upon
assessment of tasks accomplished, availability of resources, and new information. It also includes changes to the Future Land
Use Map (FLUM.)
The TEXT AMENDMENTS address Ihe following subject matter:
* Changes resulting from completion and adoption of a Transportation Concurrency Exception Area (TCEA)
for the downtown.
· The Five Year Scheduie'of Improvements, which will be updated as part of the budget process,
' Changes relative to beach concessions.
* Text changes relative to the completion and adoption of the West Atlantic Avenue Redevelopment Plan.
· Text changes stressing the importance of North Federal Highway redevelopment; directing the City to work
· with the Community Redevelopment Agency (CRA) on a plan to revitalize this area.
The proposed amendments may affect the following elements:
* Traffic * Capital Improvements
* Coastal Management * Housing
· Future Land Use
The changes to the FUTURE LAND USE MAP (FLUM) involve two areas of land which will be adopted as a part of
Amendment 95-2.
LOCATION GENERAL ACTION PARC~;L SIZE
MAP NUMBER LOCATION IN ACRES
1. Spence Property West side of Military Trail F'ROM: County HR-8 (High Density Residential 14.47
approximately 1,400 feet north of - 8 u/a) and CH-8 (Commercial High Intensity
West Atlantic Avenue. with a Residential Density of 8
TO: City Transitional and Medium Density
Residential 5-12 u/e
2. Wast Atlantic West Atlantic AVe.hue, Swinton FROM: Redevelopment Area #1_ 100
Redevelopment Avenue to 1-95 TO: Genera] Commercial; Low Oens~
Area Residential O-5 u/a; Medium Density
Residential 5-12 u/a; Community Facilities; and
Open Space.
The City Commission will conduct a Public Hearing on Comprehensive Plan Amendment 95-2 on TUEBD&Y.
tee;_ &T ?~on P_M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. At this meeting the City Commission will accept public testimony and
will consider the adoption of Comprehensive Plan Amendment 95-2.
All interested citizens are invited to attend the public hearing and comment upon Comprehensive Plan Amendment 95-2 or
submit their comments in writing on or before the date of this hearing to the Planning and Zoning Department. Copies of the
proposed amendment to the Comprehensive Plan are available at the Delray Beech Planning and Zoning Department, City
Hall, 100 N.W. l~t 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 MA'ri'ER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A RECORD OF THESE
PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO FS, 286.0105.
PUBLISH: November 29, 1995 CITY OF DELRAY BEACH
The News
Boca Raton/Delray Beach Alison MacGregor Harty
Ad #721099 City Clerk
NOTICE OF PUBLIC HEARING
COMPREHENSIVE PLAN AMENDMENT 95-2
CITY OF DELRAY BEACH. FLORIDA
The City Commission of the City of Delray Beach, Florida, will
consider Amendment 95-2 'to the City's adopted Comprehensive Plan.
Amendment 95-2 consists of amendments to the goals, objectives and
policies of individual elements based upon assessment of tasks
accomplished, availability of resources, and new information. It also
includes changes to the Future Land Use Map (FLUM).
The TEXT AMENDMENTS address the following subject matter:
* Changes resulting from completion and adoption of a
Transportation Concurrency Exception Area (TCEA) for the
downtown.
* The Five Year Schedule of Improvements, which will be updated as
part of the budget process.
* Changes relative to beach concessions.
* Text changes relative to the completion and adoption of the West
Atlantic Avenue Redevelopment Plan.
* Text changes stressing the importance of North Federal Highway
redevelopment; directing the City to work with the Community
Redevelopment Agency (CRA) on a plan to revitalize this area.
The proposed amendments may affect the following elements:
* Traffic * Capital Improvements
* Coastal Management * Housing
* Future Land Use
The changes to the FUTURE LAND USE MAP (FLUM) involve two areas of
land which will be adopted as a part of Amendment 95-2.
Map Insert
Legend Insert
The City Commission will conduct a Public Hearing on Comprehensive
Plan Amendment 95-2 on TUESDA¥~ DECEMBER 5. 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 will accept
public testimony and will consider the adoption of Comprehensive Plan
Amendment 95-2.
All interested citizens are invited to attend the public hearing and
comment upon Comprehensive Plan Amendment 95-2 or submit their
comments in writing on or before the date of this hearing to the
Planning and Zoning Department. Copies of the proposed amendment to
the Comprehensive Plan are available at the Delray Beach Planning and
Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida 33444 (Phone 407/243-7040), between the hours of 8:00 a.m. and
5:00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY 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 MAY
NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT
PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
November 29, 1995 Alison MacGregor Harty
City Clerk
**********************************************************************
Instructions to Newspaper: Per Florida Statutes, the minimum size of
this ad is a 2 x 10 inch block. However, we do ~ot want the map
reduced any further from what is provided so that it will remain
legible. Hence, we need at least a 2 x 10 inch ad, but recognize that
it may have to be larger to accommodate the map. The headline (NOTICE
OF PUBLIC HEARING / COMPREHENSIVE PLAN AMENDMENT 95-2 / CITY OF DELRAY
BEACH, FLORIDA) is to be in a type no smaller than 18 point. The ad
is not to be placed in that portion of the newspaper where legal
notices and classified advertisements appear. Thank you for your
assistance.
ref:COMPADV
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: August 21, 1995
AGENDA ITEM: V.C.
ITEM: FLUM Amendments from Redevemopment Area #1 to Low Density
Residential, General Commercial, Medium Density Residential, Open Space,
or Community Facilities associated with the adoption of the West Atlantic
Avenue Redevelopment Plan
See Attached Future Land Use Maps
For Location
GENERAL DATA:
Owners ................................................. Various
Applicant ............................................... David C. Harden
City of Delray Beach
Location ................................................ North and south sides of Atlantic Avenue, between Swinton Avenue and 1-95.
Property Size ........................................ Approximately 110 acres
Future Land Use Map .......................... Redevelopment Area #1
Proposed Future Land Use Map ..........General Commercial, Low Density Residential, Medium Density Residential, or
Open Space, as appropriate
Current Zoning ..................................... GC, R-l-A, RM, CF
Adjacent Zoning ......................... North: GC, R-l-A, RM, OS, CF
East: GC, R-l-A, RM, OS, CF, OSSHAD
South: GC, R-l-A, RM, OS, CF, RO
West: GC, R-l-A, RM, OS, CF
Existing Land Use ................................ Existing single family residences, commercial structures, vacant parcels,
multiple family residential properties, and parks.
Proposed Land Use ............................. FLUM Amendments from Redevelopment Area #1 to General Commercial, Low
Density Residential Medium Density Residential, Community Facilities, or Open
Space, as appropriate, to implement the provisions of the West Atlantic Avenue
Redevelopment Plan.
Water Service ....................................... Existing on site.
Sewer Service ...................................... Existing on site.
V.C.
The action before the Board is making a recommendation on proposed Future Land
Use (FLUM) Amendments:
From Redevelopment Area #1 to Low Density Residential for the properties
identified in Appendix A;
From Redevelopment Area #1 to Medium Density Residential for the
properties identified in Appendix B;
From Redevelopment Area #1 to General Commercial for the properties
identified in Appendix C;
El From Redevelopment Area #1 to Community Facilities for the properties
identified in Appendix D; and
El From Redevelopment Area #1 to Community Facilities for the properties
identified in Appendix E.
Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a
recommendation to the City Commission with respect to FLUM Amendments to any
property within the City.
With the adoption of the Comprehensive Plan in 1989, the West Atlantic Area was
designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land
Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the
area, which includes the establishment of FLUM designations for all properties in the
area. The redevelopment plan has been completed and was adopted by the City
Commission at its meeting of July 11, 1995.
The subject properties are currently assigned a Future Land Use Map (FLUM)
designation of Redevelopment Area #1.
The development proposal is assignment of FLUM designations to the subject
parcels to implement provisions of the West Atlantic Avenue Redevelopment Plan.
The provisions of the plan call for properties within approximately 300' of Atlantic
Avenue to receive a General Commercial FLUM designation, with most of the
Planning and Zoning Staff Report
FLUM Amendments Associated with the
West Atlantic Redevelopment Plan
Page 2
remaining parcels assigned to Low or Medium Density Residential FLUM
designations. Existing government facilities and major churches will be assigned a
Community Facilities FLUM designation. Additionally, the passive parks adjacent to
1-95 are proposed for FLUM amendments to Open Space to match their current use.
Rezonings required to insure that zoning designations are appropriate to the
proposed FLUM designations are being processed concurrently.
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form
which is part of the official record. This may be achieved through
information on the application, the staff report, or minutes. Findings
shall be made by the body which has the authority to approve or deny
the development application. These findings relate to the following four
areas.
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use
designation.
The FLUM designation for the subject properties is Redevelopment Area #1. Per
the Comprehensive Plan Future Land Use Element Policy C-2.4, Redevelopment
Area # 1 may accommodate commercial development, generally limited to 300' in
depth from Atlantic Avenue with the remainder of the area to be developed as
residential, governmental, or institutional land uses. FLUM designations in the area
are to be assigned pursuant to the provisions of the adopted redevelopment plan.
The proposed amendments will assign FLUM designations to parcels, as identified
in the Plan. Rezonings to insure that zoning designations are appropriate to the
proposed FLUM designations are being processed concurrently. Thus, positive
findings can be made regarding consistency of the FLUM designations and zonings.
Concurrency: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
The Redevelopment Area #1 FLUM designation allows for the accommodation of
commercial development anywhere in the area. As the proposed FLUM
amendments generally limit commercial development to a maximum of 300' in depth
from Atlantic Avenue, the potential intensity of future development is greatly
Planning and Zoning Staff Report
FLUM Amendments Associated with the
West Atlantic Redevelopment Plan
Page 3
decreased as well as the demand for services and facilities. Thus, positive findings
can be made at this time with regard to concurrency for all services and facilities.
Positive findings with regard to Concurrency will also be required at the time of site
plan approval for any development on the subject parcels.
Consistency: Compliance with the performance standards set forth in Article
3.3. 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.
There are no specific performance standards for FLUM Amendments
established in Article 3.3. A review of the goals, objectives and policies of the
adopted Comprehensive Plan was conducted and the following policy was
found:
Future Land Use Element Policy C-2.4 The following pertains to the Atlantic
Avenue Redevelopment Area:
This area extends in a corridor along Atlantic Avenue eastward from 1-95 to
Swinton Avenue. The present land uses in this area include single family
homes, duplexes, mini-parks, commercial uses along Atlantic Avenue and NW
5th Avenue, and scattered vacant parcels.
The redevelopment program should contain, at least, the following elements:
redevelopment and enhancement of the Atlantic Avenue business
corridor/district;
I~1 increasing housing opportunities on vacant lots;
establishment of a Minority Business Enterprise (MBE) program that
would involve many community residents in working toward
entrepreneurship in the redevelopment effort; and
continuation of the East Atlantic Streetscape theme westerly to 1-95.
Commercial redevelopment should be approached on a block-by-block basis
and generally should be confined to a depth of 300 feet from Atlantic Avenue
rights-of-way. However deep the commercial development, great care must be
taken with respect its relationship and impact upon existing or proposed
residential uses.
Residential redevelopment and the provision of housing shall generally follow
the objectives and policies of Goal Area "B" of the Housing Element.
Planning and Zoning Staff Report
FLUM Amendments Associated with the
West Atlantic Redevelopment Plan
Page 4
The eastern portion of the redevelopment area shall focus upon governmental
and institutional uses thus building upon current investments in the County
Courthouse and City Hall expansion programs.
The C.R.A. shall be the lead agency in the preparation of this redevelopment
plan. The plan shall be completed in Fiscal Year 91192 and adopted as a
formal amendment to the City's Comprehensive Plan. Creation of the plan
must include maximum feasible public participation including, but not limited
to, a series of public hearings.
A redevelopment plan addressing the above issues has been completed and
adopted by the City Commission. The FLUM Amendments being considered at this
time are proposed to fulfill the provisions of the plan. Thus, this policy is furthered
by the proposed FLUM amendments.
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.
No development proposals have been received for the subject properties. Any
proposed development will be subject to the provisions of the adopted
redevelopment plan.
The proposed FLUM amendments are not in a geographic area requiring review by
the Downtown Development Authority or the Historic Preservation Board.
Community Redevelopment Agency:
The FLUM amendments are in a geographic area requiring review by the CRA. The
CRA Board reviewed this item at its meeting of August 10, 1995 'and unanimously
recommended approval.
Visions West AtlantiC:
The Visions Steering Committee did not specifically review the proposed FLUM
Amendments. The Committee has reviewed the West Atlantic Redevelopment Plan
Planning and Zoning Staff Report
FLUM Amendments Associated with the
West Atlantic Redevelopment Plan
Page 5
and strongly supports the Plan and its provisions, which call for the proposed
amendments.
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius of
the subject properties. A special notice has been sent to each of the property
owners of record.
Courtesy notices have been sent to:
Tony Hamden [::i Carolyn Zimmerman
Delray Merchants Association West Atlantic Avenue ARC
Norma Banoura gl Clay Wideman
600 Block Association Peach Umbrella Association
Charlotte Durante
Peach Umbrella Association
who have requested notification of petitions in that area. Letters of objection, if any,
will be presented at the P & Z Board meeting.
The proposed Future Land Use Map amendments are required to meet the
provisions of the adopted West Atlantic Avenue Redevelopment Plan, which was
adopted to meet provisions of the Future Land Use Element. The proposal is
therefore consistent with the provisions of the Comprehensive Plan. The proposed
FLUM amendments can be recommended for approval based on the positive
findings outlined in this report.
A. Continue with direction.
B. Recommend FLUM Amendments to the subject parcels, based-on
positive findings with respect to LDR Section 3.1.1, and the Goals,
Objectives, and Policies of the Comprehensive Plan.
C. Recommend denial of the FLUM Amendments, based on a failure to
make positive findings.
Planning and Zoning Staff Report
FLUM Amendments Associated with the
West Atlantic Redevelopment Plan
Page 6
Recommend approval of the proposed FLUM Amendments from:
Redevelopment Area #1 to Low Density Residential for the parcels identified
in Appendix A;
Redevelopment Area #1 to Medium Density Residential for the parcels
identified in Appendix B;
n Redevelopment Area #1 to General Commercial for the parcels identified in
Appendix C;
Redevelopment Area #1 to Community Facilities for the parcels identified in
Appendix D; and
Redevelopment Area #1 to OS (Open Space) for the parcels identified in
Appendix E;
based upon positive findings with respect to Section 3.1.1 (Required Findings) of
the Land Development Regulations, and policies of the Comprehensive Plan.
Attachments:
Appendices A, B, C, D, and E
Proposed FLUM
Existing FLUM
Report prepared by: Jeff Perkins. Senior Planner
U:\PERKINSJ\PLNZN~,TL-FLUM.DOC
APPENDIX A
Legal Descriptions for Parcels Proposed for FLUM Amendment from
Redevelopment Area #1 to Low Density Residential:
Lot 9, Block 28, Town of Delray
Lots 6-15, Revised Plat of Block 36, Town of Delray
Lots 13-16, Block 27, Town of Delray
Lots 7-12, Replat of Block 27, Town of Delray
North 250' of the west 135' of Block 20, Town of Delray
Lots 9-16, Melvin Burd Subdivision
South 156' of the west 123' of Block 19, Town of Delray
North 150' of the south 306' of the west 135' of Block 19, Town of Delray
Lots 17-26, Block 4, Monroe Subdivision
Lots 17-25, and 32, Block 12, Monroe Subdivision
Lots 1-6, and 19-24, Block "D," West Side Heights
Lots 1-6, and 19-24, Block "C," West Side Heights
Lots 15-33, Block 1, Atlantic Pines
Lots 12-29, Block 2, Atlantic Pines
East 1/2 of Lot 6, less the east 10', Block 1, Whidden's Subdivision
Lots 12-29, Block 1, Atlantic Park Gardens
Lots 12-29, Block 1, Odmann's Subdivision
APPENDIX B
Legal Descriptions for Parcels Proposed for FLUM Amendment from
Redevelopment Area #'1 to Medium Density Residential:
Lots 17-20, and 29, Block 3, Odmann's Subdivision, Less 1-95 Right-of-way
Lots 12-29, Block 4, Odmann's Subdivision
Lots 12-29,, Block 2, Atlantic Park Gardens
Lots 14-20, and 23-29, Block 5, Atlantic Gardens
Lots 16-20, and 25-29, Block 8, Atlantic Gardens
Lots 11-14, and, 20-24, Block 1, Belair Heights
Lots 7-9, Block 2, Belair Heights
The south 225' of the east 145' of Block 9, 17-46-43
Lots 17, 19-20, and 26-29, Resub of Block 5, Town of Delray
North 50' of the south 150' of the West 1/2, Block 5, Town of Delray
Lots 14-27, Block 29, Resub of Blocks 29 & 37, Town of Delray
South 290' of the west 135' of Block 21, Town of Delray
South 250' of the east 135' of Block 13, Town of Delray
South 219' of the west 135' of Block 13, Town of Delray
APPENDIX C
Legal Descriptions for Parcels Proposed for FLUM Amendment from
Redevelopment Area #1 to General Commercial:
Lots 1-5, and 22-39, Revised Plat of Block 36, Town of Delray
Lots 1, 4-6, and 13-16, Block 28 Town of Delray
Lots 7-8, Block 27, Town of Delray
Lots 1-5, Replat of Block 27, Town of Delray
Lots 1-4, Block 53, Town of Delray
Checker's Plat, All of Plat
North 250' of the east 135' of Block 20, Town of Delray
North 70' of the south 205' of the east 153' of Block 19, Town of Delray
South 135' of the east 165' of Block 19, Town of Delray
Lot 26, Block 12, Monroe Subdivision
South 302.1' of Block 12, Town of Delray
West 76' of the east 101' of the north 120' of the south 140' of the east 1/2 of
the south 1/2 of Block 4, Town of Delray
North 142.1' of the west 130.44' of the east 155.44' of the south 1/2 of Block 4,
Town of Delray
North 100' of the west 130.44' of the South 1/2 of Block 4, Town of Delray
North 100' of the West 1/2 of the South 1/2 of Block 4, Town of Delray
Delray Amoco, All of Plat
J. G. Fenno Subdivision, All of Plat
Lots 1-4, and 6-10, Block 10, Subdivision of 17-46-43
Lots 1-14, and 34-35, Block 1, Atlantic Pines
Lots 2-7, 9-11, and 30-32, Block 2, Atlantic Pines
Lots 1 and 6, Block 6, Whidden's Subdivision
Lots 1-13, and 21-22, Block 5, Atlantic Gardens
Lots 1-15, and 21-24, Block 8, Atlantic Gardens
Lots 1, 2, 7-10, and 17-19, Block 1, Belair Heights
Lots 1-6, and 11, Block 2, Belair Heights
Belair Heights Replat, all of plat
Lots. 1-2, 5, 7-8, and 10, Block 9, Subdivision of 17-46-43
Lots 1-5, Myrick Subdivision, less S. R. 806 right-of-way
Lots 1-16, and 21-25, Subdivision of Block 5, Town of Delray
Lots 1-5, 7-11, and 28-44, Block 29, Resub of Blocks 29 & 37, Town of Delray
Lot 6, Block 29, Town of Delray
North 110' of Block 21, Town of Delray, less north 20'
South 494.28' of the east 152' of Block 21, Town of Delray
South 365' of the north 385' of the west 135' of Block 13, Town of Delray
South 80' of the north 100' of the east 150' of Block 13, Town of Delray
North 50' of the south 300' of the east 135, of Block 13, Town of Delray
South 200' of the north 300' of the east 135' of Block 13, Town of Delray
APPENDIX D
Legal Descriptions for Parcels Proposed for FLUM Amendment from
Redevelopment Area #1 to Community Facilities:
Lots 13-16, Block 44, Town of Delray
Lots 1-6, and 13-16, Block 44, Town of Delray
Lots 1-6, Block 52, Town of Delray
Lots 16-21, Block Revised Plat of 36, Town of Delray
Mt. Olive Baptist Property, All of Plat
Lots 5-6, Block 27, Town of Delray
Lot 6, Replat of Block 27, Town of Delray
North 101' of the south 306' of the east 153' of Block 19, Town of Delray
Lots 5-16, Block 53, Town of Delray
APPENDIX
Legal Descriptions for Parcels Proposed for FLUM Amendment from
Redevelopment Area #1 to OS (Open Space):
Lots 1-11, Block 1, Odmann's Subdivision, less 1-95 right-of-way
Lots 1-11, Block 1, Atlantic Park Gardens
Lots 1-11, Block 4, Odmann's Subdivision, less 1-95 right-of-way
Lots 1-11, Block 2, Atlantic Park Gardens
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: August 21, 1995
AGENDA ITEM: 'V.A
ITEM: Future Land Use Map Amendment from County HR-8 (High Density Residential - 8 units per
acre) and CH/8 (Commercial High Intensity with a residential equivalent of 8 units per acre) to
City Medium Density Residential 5-12 units per acre) and Transitional) for a 14.47 acre parcel
(Spence property), located on the west side of Military Trail, approximately 1,400 feet north of
Atlantic Avenue.
GENERAL DATA: I]111 Il i'l I I I I I
Owner ...................................... R eginaW.S.ence. T~stee IT"Ill,, , , . , , II I I' I I I
I
Agent ....................................... Edward O'Cleary F------
Location ................................... West side of Military Trail,
approximately 1,400 feet north of
Atlantic Avenue. IIIII I IIIIlll;r
Property Size ........................... 14.47 acres IIIIIII11111
Existing County Land Use Map
Designation ............................. CH/8 (Commercial High Intensity
with a residential equivalent of 8
units/acro) and HR-8 (High
Density Residential - 8 u/a)
Proposed City Land Use Map
Designation ............................. Medium Density Residential 5-12
u/a and Transitional
Existing County Zoning ........... CC (Community Commercial) RM
Proposed City Zoning .............. (Medium Density Residential)
and NC (Neighborhood
Commercial)
Adjacent Zoning ............ North: County RS/SE/PUD (Single
Family Residential with a special
exception to allow a PUD)
East: City GC(General Commercial)
South: County CG/SE (General
Commercial with a special
exception)
West: County RS/SE/PUD
Existing Land Use ...................Vacant land
Proposed Land Use ................ Maximum development potential
of a 149 multiple family units and
26,136 sq.ft, of commercial
development.
Water Service ......................... Available via connection to an
existing 14" water main along the
east side of Military Trail.
Sewer Service ......................... Available via connection to the
existing lift station to the
southeast, across Military Trail, at
the northwest corner of the
Delray Square shopping center.
ATLANTIC
The item before the Board is that of making a recommendation on
a Future Land Use Map Amendment from County HR-8 (High
Density Residential - 8 units per acre) and CH/8 (Commercial High
Intensity with a residential equivalent of 8 units per acre) to City
MDR (Medium Density Residential 5-12 du/ac) and Transitional.
The affected property is located on the west side of Military Trail,
approximately 1,400 feet north of Atlantic Avenue.
The property under consideration is an unplatted 14.47 acre parcel of land which
is currently vacant and was utilized as a farm prior to 1980.
In 1980, the County's Future Land Use Map designated the properties located at
the intersection of Atlantic Avenue and Military Trail, including the subject
property, as commercial. In 1981, the Board of County Commissioners
approved a request to rezone the property from Agricultural to Specialized
Commercial with a special exception (CS/SE) to allow a planned office business
park.
In 1989, with the adoption of the City's Comprehensive Plan the City's "advisory"
land use designation of the property was changed from SF (Single Family
Residential) to Medium Density Residential 5-12 u/a. The MDR designation was
inconsistent with the County's designation of C/8 (Commercial with a residential
equivalent of 8 units per acre).
In 1993, the City attempted to enter into an Extra-territorial Powers agreement
with the County which would have given the City Land Use authority over County
parcels in the City's Planning Area. Under this agreement the City's Future Land
Use designations would have applied within the unincorporated portions of the
Planning area thereby eliminating conflicts between the FLUMs. The Extra-
territorial Powers agreement was opposed by affected residents and property
owners, and was not approved by the Board of County Commissioners.
In 1994, in the continuing effort to achieve County and City FLUM consistency,
the City Commission formally requested the Board of County Commissioners
direct its Planning Department to initiate changes to the County FLUM to
eliminate conflicts. The amendments were necessary in order to comply with
their respective Comprehensive Plan policies which require consistency between
County and City FLUM designations. County and City staff met in April,' 1994 to
discuss the inconsistencies. As a result of that meeting, the County initiated nine
changes as part of their 94-2 FLUM amendment and the City initiated one
P & Z Staff Report
Spence Property - Future Land Use Map Amendment
Page 2
change as a small scale amendment. These changes were made for parcels
which had commercial potential in the County but were inconsistent with the
City's residential and commercial land use designations. One of these
amendments included the subject property. While the initial County amendment
involved 14.47 acres from C/8 to HR-8, at the applicant's request, the southeast
2 acres of the property, was amended from C/8 to CH/8 (Commercial High
Intensity with a residential equivalent of 8 units per acre) and the remaining
12.47 acres was amended from C/8 to HR-8.
On June 2, 1995, applications for a Future Land Use Map amendment,
Annexation and initial zoning were submitted and are now before the Board for
action. This report deals with the Future Land Use Map amendment which is
part of the City's annual Comprehensive Plan Amendment 95-2. The annexation
and the initial zoning request are addressed in a separate staff report.
The southeast 2 acres (adjacent to Military Trail) has a County land use
designation of CH/8 (Commercial High Intensity with a residential equivalent of 8
du/ac) and the balance (12.47 acres) has a land use designation of HR-8 (High
Density Residential 8 du/ac). The proposal is to change the Future Land Use
Map designation from County HR-8 and CH/8 to City MDR (Medium Density
Residential 5-12 du/ac) and Transitional (2 acres).
Current Land Use Designations: The current County land use map
designation for the property is County HR-8 (High Density Residential 8 du/ac)
and County CH/8 (Commercial High Intensity with a residential equivalent of 8
du/ac). The current City "advisory" designation for this property is MDR (Medium
Density Residential 5-12 du/ac). It is noted that the County CH/8 designation
allows establishments primarily engaged in providing a wide variety of services
for individuals, business and government establishments and other
organizations. The permitted uses within the CH sub-category are designed to
serve areas greater than the adjacent residential areas, and may be regional in
nature.
Requested Land Use Designation: The requested Future Land Use Map
amendment is to City Medium Density Residential 5-12 du/ac, in part, and City
Transitional.
P & Z Staff Report
Spence Property - Future Land Use Map Amendment
Page 3
Land Use 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.
The accompanying annexation and initial zoning application is seeking the RM
(Medium Density Residential) and NC (Neighborhood Commercial) zoning
designations. The RM zoning designation is consistent with the Medium Density
Residential 5-12 du/ac land use designation, and the NC zoning designation is
consistent with the Transitional land use designation.
Adjacent Land Use Map Designations, Zoning Designations & Land Uses:
North and West: The area north and west of the subject property has a County
land use map designation of HR-8 (High Density Residential - 8 du/ac) and is
zoned RS (Single Family Residential). The existing land use is a 1,084 unit
planned residential development known as High Point of Delray West, with a
density of 6.4 units per acre.
South: The property to the south, across the L-33 Canal, has a County Future
Land Use Map designation of C/8 (Commercial with a residential equivalent of 8
du/ac) and is zoned CG/SE (General Commercial) with a special exception to
allow a large scale community shopping center. The existing use of the property
is the Marketplace of Delray shopping center.
East: East of Military Trail has a City General Commercial land use designation
and is zoned City GC (General Commercial). The existing land uses are (north
to south) The Boy's Farmers Market, Shoppes of Delray shopping center, Trails
End Plaza, and Kentucky Fried Chicken restaurant.
Allowable Land Uses:
Under the proposed Medium Density Residential 5-12 du/ac FLUM designation,
residential zoning districts which accommodate single family and multiple family
units are allowed (R-1-A thru R-l-AAA, RL, PRD, and RM). The applicant has
requested an initial zoning designation of RM (Medium Density Residential 6-12
du/ac) for 12.47 acres of the property.
Under the proposed Transitional FLUM designation, nonresidential and
residential zoning districts are allowed. The allowable residential districts are the
same as those listed above. The nonresidential zoning districts accommodate
office and limited commercial uses as well as recreational uses [NC, POC
(Planned Office Center), POD (Professional and Office District), RO (Residential
P & Z Staff Report
Spence Property - Future Land Use Map Amendment
Page 4
Office), CF (Community Facilities), OS (Open Space), and OSR (Open Space
and Recreation)]. The applicant has requested an initial zoning designation of
NC (Neighborhood Commercial) for the southeast 2 acres of the site.
Land Use Compatibility:
The application of Medium Density Residential FLUM designation allowing 5-12
units per acre will be compatible with adjacent residential land use designation,
to the north and west, and is consistent with the current County designation of
HR-8. Under the County's land use designations, properties which contain 20
acres, and are developed as a PUD, may be developed at the maximum density
of the underlying land use. However, if the property does not contain 20 acres
and is not developed as a PUD, the maximum density allowed under the HR-8 is
6 units per acre. Therefore, the current development potential of the property
under the County's HR-8 land use designation is a potential for 74 units or 6
units per acre. The maximum density allowed under the proposed City MDR
land use designation is 12 units per acre or 149 units (12.47 ac X 12 u/a). As
the property abuts commercial development to the east and south, application of
the MDR land use designation is appropriate. Compatibility with the adjacent
residential development (High Point of Delray West) is not a major concern and
will be further addressed with review of a specific development proposal.
As described in the Future Land Use Element of the Comprehensive Plan, the
Transitional land use designation can provide for uses which are not as intensive
as general commercial in areas where residential uses may not be desirable
and/or appropriate. Given the property's extensive frontage along Military Trail
and its proximity to commercial development to the east and south of the
property, application of the Transitional designation on a portion of the property
is not inappropriate. With the Transitional land use designation situated at the
southeast corner of the property, the Medium Density Residential will act as a
buffer for the existing residential development to the north and west.
Compatibility of the Transitional designation with the future multiple family
development is not a major concern as there are sufficient regulations in place to
mitigate any adverse impacts. Also, many of the businesses which are allowed
in a neighborhood commercial development usually do not extend into the
evening hours, therefore, there should not be any issues regarding noise. Site
specific compatibility of the future development with the adjacent residential
developments will be addressed at the time of site development plan review.
Service and Concurrency Implications: In the preparation of the Delray
Beach Comprehensive Plan, the land use designations throughout the entire
planning and service area were considered in the overall land use pattern,
assessment of level of service, the provision of services, and meeting remaining
land use needs. The proposed land use designations of Medium Density
P & Z Staff Report
Spence Property - Future Land Use Map Amendment
Page 5
Residential and Transitional are generally the same as or slightly greater than
that previously considered (Medium Density Residential 5-12 du/ac). However,
the FLUM change is technically from County HR-8 and CH/8 to the City
designations of Medium Density Residential 5-12 u/a and Transitional, which are
of similar intensity with respect to provision of services. Thus, the act of officially
adopting the City's Medium Density Residential and Transitional land use
designation has minimal impact with respect to general notions of service
delivery. However, the difference in intensity with respect to traffic impact must
be assessed.
The maximum development potential under the current County HR-8 and CH/8
FLUM designations would be 74 multiple family units and 26,136 sq.ft, of
commercial development generating 3,573 daily trips. Pursuant to the
submitted traffic study, the maximum development potential under the City's
MDR and Transitional will be 149 multiple family units and 26,136 sq.ft, of
commercial development generating a total of 4,098 daily trips. Thus, the
difference is an additional 525 daily trips. This segment of Military Trail, between
Atlantic Avenue and Lake Ida Road, is six lanes and has sufficient capacity to
accommodate the additional trips as it is operating at level of service "B'.
It is noted that Military Trail, between Atlantic Avenue and Clint Moore Road is
operating at level of service "E". Recent traffic studies submitted for adjacent
developments indicate that with an additional analysis of peak hour directions
(traffic alternative test 1 analysis) the referenced segment of Military Trail will
pass level of service "D", with the installation of a dual left turn lane at Clint
Moore and Military Trail. This improvement is scheduled for October of 1995.
However, this roadway segment will again fail level of service "D" by the end of
1996. Consequently, after December 1996, no additional development can
occur until Military Trail is widened from 4 to 6 lanes which is scheduled for fiscal
year 1996/97. With the submittal of a specific development proposal, a full traffic
study will be required and potential roadway improvements will be further
reviewed.
The subject property is not in a geographical area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority)
or the HPB (Historic Preservation Board).
Palm Beach County Notice:
On July 5, 1995 the Palm Beach County Planning Division was notified of the
FLUM amendment as well as the City's intent to annex this property. To date, a
response has not been received.
P & Z Staff Report
Spence Property - Future Land Use Map Amendment
Page 6
IPARC Notice:
Notice of the Land Use Map Amendment was also provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to
adjacent municipalities. To date, a response has not been received.
Courtesy Notices:
Courtesy notices were sent to the following homeowners associations and civic
associations:
[] Burt Aaronson, County El High Point of Delray West III
Commissioner [::1 High Point Section Six
El Country Club Acres El Highland Trailer Park
[] Country Manor El PROD (Progressive Residents
[] Hamlet Residential Association of Delray)
[] Greensward Village El Rainberry Woods Association
[] High Point Master Association El Rockland Park
El High Point of Delray West [] Sherwood Forest
[] High Point of Delray West I [] United Property Owners
[] High Point of Delray West II
Public Notice:
Formal public notice has been provided to all property owners within a 500 foot
radius of the subject property. Letters of objection or support , if any, will be
presented at the Planning and Zoning Board meeting.
The Future Land Use Map Amendment from County HR-8 and CH/8 to City
Medium Density Residential 5-12 du/ac and Transitional for this property is
consistent with the policies of the Comprehensive Plan and Chapter 3 of the
Land Development Regulations. The change is to a designation allowing a
range of similar intensity as currently allowed under the County land use
designations. The requested designations are the same or similar to the current
City "advisory" Medium Density Residential designation. It is noted that with the
change from County HR-8 to City MDR an increase of 75 residential units is
possible. Site specific compatibility of future development with the adjacent
residential development will be addressed at the time of site development plan
review.
P & Z Staff Report
Spence Property - Future Land Use Map Amendment
Page 7
A. Continue with direction.
B. Recommend approval of the Future Land Use Map Amendment from
County HR-8 and CH/8 to City MDR and Transitional 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 County
HR-8 and CH/8 to City MDR and Transitional with the basis stated.
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Recommend to the City Commission approval of the Future Land Use Map
Amendment from County HR-8 and CH/8 to City Medium Density Residential 5-
12 du/ac and Transitional based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations and policies of
the Comprehensive Plan.
Attachments:
Location Map
Survey
Staff Report prepared by: Jeff Costello. Senior Planner
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE: Special Meeting of November 13, 1995
AGENDA ITEM: II.A. RESPONSE TO ORC, AMENDMENT 95-2
ITEM BEFORE THE BOARD:
The item before the Board is that of review of the proposed response to the
Objections, Recommendations, and Comments (ORC) report for Comprehensive
Plan Amendment 95-2. The action to be taken is in the form of a
recommendation to the City Commission.
BACKGROUND:
The proposed Comprehensive Plan Amendment 95-2 was heard by the Planning
and Zoning Board on August 28, 1995. It was transmitted to the Florida
Department of Community Affairs (DCA) by action of the City Commission on
September 5, 1995. The formal ORC report has not yet been received, but staff
has discussed the issues with reviewing agencies and is able to report their
intended comments.
The Amendment proposes changes to five Comprehensive Plan Elements,
including a number of objectives, policies and related data and analysis. There
were also two amendments to the Future Land Use Map (FLUM). Refer to the
Table of Contents for the Amendment (attached) for an outline of the items
considered. The major areas addressed by the Amendment include:
Text Amendments:
· Changes resulting from establishment of a Transportation Concurrency
Exception Area (TCEA).
* The Five Year Schedule of Improvements, which is updated as part of the
budget process.
* Changes to clarify the City's position relative to beach concessions.
· Text changes relative to the completion and adoption of the West Atlantic
Redevelopment Plan.
Text changes regarding the priority of redevelopment in the area of North
Federal Highway.
II.A.
Planning and Zoning Board Memorandum Staff Report
Response to ORC, Amendment 95-2
Page 2
Future Land Use Map:
The Spence Property, 14.5 acres located on the west side of Military Trail north
of Atlantic Avenue.
The West Atlantic Redevelopment Area, approximately 90 acres located
adjacent to Atlantic Avenue between Swinton Avenue and 1-95.
The Board is to review the Response to ORC Report for Comprehensive Plan
Amendment 95-2. The City Commission will then consider the Board's
recommendation when it acts on the adoption ordinance. The ordinance will be
before the City Commission for first reading on November 21st; and second
reading (adoption on December 5th).
ANALYSIS:
The only comments forthcoming relative to the Amendment are from the Florida
Department of Transportation (FDOT). That agency made two formal objections
(attached), one concerning the Spence Property FLUM amendment, the other
concerning the TCEA.
The objection to the Spence FLUM amendment is that sufficient traffic analysis
was not performed. The DCA does not support this objection, so no response is
needed. However, staff will submit a copy of the full traffic study to assure
FDOT that sufficient analysis was performed.
The objection to the TCEA is that the report needs to include additional
objectives and policies to form a base to establish a TCEA. Meetings have been
held with both FDOT and DCA on this issue and necessary changes have been
negotiated. These include additional traffic analysis and explanation of
methodology; minor changes to improve the clarity of the report; addition of
pertinent definitions; and additional policies to address monitoring of
development, Land Development Regulation changes, and consistency with the
County Comprehensive Plan.
RECOMMENDED ACTION:
By motion, accept the Response to ORC Report and recommend to the City
Commission that Comprehensive Plan Amendment 95-2 be adopted as
modified.
Attachments:
· FDOT letter of 10/19/95 to DCA
· Letter of 11/1/95 to FDOT
· Table of Contents for Amendment 95-2
S:~,dv\Comp\952PZ2
TABLE OF CONTENTS
CITY OF DELRAY BEACH
F'
~ ' ,Page
TRAFFIC ELEMENT
Inventory
Analysis
Definitions
Policy A-1.3 (In-Town Shuttle System)
Policy A-1.4 (Palm Tran Transit System)
Objective B-1 (Level of Service Established)
Objective D-3 (Transportation Concurrency Exception Area)
Policy D-3.1 (Transportation Surveys for TDM Activities)
Policy D-3.2 (Feasibility of Establishing a TCMA)
Policy D-3.3 (LDR Changes to Implement TDM Activities)
Policy D-3.4 (Increase Number of Buses on Palm Tran Routes)
Policy D-3.5 (Bicycle Facilities)
Policy D-3.6 (Plan for an In-Town Shuttle System)
Policy D-3.7 (Establishment of an In-Town Shuttle System)
Policy D-3.8 (Utilization of Municipal Parking Lots)
Policy D-3.9 (Deceleration Lanes at 1-95/Atlantic Avenue)
Policy D-3.10 (Downtown Sidewalk Network)
Policy D-3.11 (Intermodai Linkages)
HOUSING ELEMENT
Policy B-3.1 (Identity and Priority for Geographic Areas)
' COASTAL MANAGEMENT ELEMENT
'~ 12 Objective B-3 (Tourism)
12 Policy B-3.3 (Beach Use Restrictions)
'~ 13 Policy C-7.1 (Shoreline Use Priorities)
14 Policy C-10.1 (Public and Private Construction Limitations)
FUTURE LAND USE ELEMENT
15 Other Items
'T
Page
j 18 Analysis
19 Policy A-1.6 (Commercial Land Use Amendments)
19 Policy A-5.13 (CBD to Accommodate Increased Density)
j 19 Policy A-5.14 (CBD to Facilitate Industry and Commerce)
20 Policy C-1.6 (North Federal Highway Corridor)
21 Objective C-2 (Redevelopment Areas)
Policy C-2.4 (Atlantic Avenue Area)
22
24 Policy C-4.3 (CBD Development Plan)
25 Policy C4.10 (Economic Development Strategy for West Atlantic)
J 25 Figure L-8 (Transportation Concurrency Exception Area)
J CAPITAL IMPROVEMENT ELEMENT
26 Policy A-3.11 (Maintain Traffic Engineer Position)
~ 26 Policy A-3.12 (Funding for Preparation of TME)
REQUIREMENTS FOR CAPITAL IMPROVEMENT IMPLEMENTATION
27 Five Year Capital Improvements Schedule
AMENDMENTS TO THE FUTURE LAND USE MAP
28 Spence Property
28 West Atlantic Area
SUPPORT DOCUMENTS
Appendix
Transportation Concurrency Exception Area (TCEA)
West Atlantic Redevelopment Plan
Beach Concessions
North Federal Highway Corridor
Spence Property
FLORIDA DEPARTMENT OF TRANSPORTATION
I,aw~'on Cm~,l,:s m.:n G. wac-rs
~;ov~:rnor 3400 WEST COMMERCIAL iIOULEVARI) sf.:crl.:T^rv
FORT LAUDERI)ALI';, FLORII)A 33309-J421
005} 486-14(10
DIVISION OF
PLANNING AND PROGRA~IS
October 19, 1995
Mr. Ray Eubanks
Department of Community Affairs
Bureau of State Planning
2740 Centerview Drive
Tallahassee, FL 32399
Dear Mr. Eubanks:
SUBJECT: PROPOSED AMENDMENT COMMENTS
LOCAL GOVERNMENT: City of Delray Beach
DCA Amendment #: 95-2
As requested, the Department has reviewed the documents for the proposed Comprehensive Plan
Amendments for the City of Delray Beach.
It should be noted that the Dep .artment has worked closely with.the City of Delray Beach to assist
them with the development of a Transportation Concurrency Exception Area (TCEA)
comprehensive plan amendment which can be used as a model for other local governments.
The Comprehensive plan amendment was not yet in its final form when transmitted by the City.
They submitted at this time to remain on schedule for their second 1995 amendment adoption
cycle. The Department therefore has provided the attached objections, recommendations, and
comments on the Delray Beach transmittal. We expect to fully resolve needed revisions and
additions to the amendment prior to its adoption by the City.
Mr. Ray Eubanks
October 19, 1995
Page Two
Our objections, recommendations, and comments on the proposed amendment package are
enclosed. '
Sincerely,
Joseph M. Yesbeck, P.E.
District Director
Planning and Programs
JMY:lhh
Enclosure
cc: B. Romig
G. Smart
G. Schmidt
I. Krane
a:\dca95-2.db
File: 4270.02, 4320.01, D¢lray Be. ach
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS, & COMMENTS
RESPONSIBLE DIVISION/BUREAU: Planning
NAME OF LOCAL GOVERNMENT: City of Delray
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT: 09112195
DATE MEMORANDUM RECEIVED FROM DCA:. 09/27/95
REQUIRED RETURN DATE FOR COMMENTS: 10/30/95
ELEMENTS: Future Land Use Element
Traffic Circulation Element
DCA Plan Amendment Package # 95-2
RULE DEFICIENCY: Flnrida Administrative Code R~de 91-5
9 -s_oos5(6)
OBJECTION -
The comprehensive plan amendment (draft TCEA Report) fails to include implementing goals
objectives, and policies to the City's Comprehensive Plan that form a base to which the City can
establish the proposed TCEA within the designated boundaries. Such implementing language shall
include for example, definitions and guidelines for establishing concurrency exceptions consistent
with the criteria in FAC Rule 9I-5.
Florida Administrative Code Rule 9J-5.005(6) requires, "...identification of those programs,
activities, ~and land development regulations that will be part of the strategy for implementing the
comprehensive plan goals, objectives, and policies that describe how the programs, activities, and
land development regulations will be carried out..." Furthermore, the goals, objectives, and
policies are to, "...establish meaningful and predictable standards for the use and development of
land and provide meaningful guidelines for the content of more detailed land development and use
regulations. '
RECOMMENDATIONS -
The City should provide implementing goals objectives, and policies to the City's Comprehensive
Plan.
REVIEWED BY: I.ARRY HYMOWITZ PHONE: 305-777-466't
REVIEWED BY: JOI-IN KRANE PHONE: 305-777-4601
REVIEWED BY: GIISTAVO SCHMIDT PHONE: 305-__777-4601
2
DISTRICT 4, DEPARTMENT OF TRANSPORTATION
OBJECTIONS, RECOMMENDATIONS, & COMMENTS
RESPONSIBLE DIVISION/BUREAU: PJanning_&.Zoning
NAME OF LOCAL GOVERNMENT: City of Delray Beach
DATE PLAN RECEIVED FROM LOCAL GOVERNMENT: 09/12/05
DATE MEMORANDUM RECEIVED FROM DCA: 09/27/95
REQUIRED RETURN DATE FOR COMMENTS: 10/30/95
ELEMENT: Future Land Use Element
Traffic Circulation Element
DCA Plan Amendment Package//95-2
RULE DEFICIENCY: Florida Administrative C. ode~ Rule 9I-5 & 9I-11
-gk5395(2~ 9J- ~ ~_ 006(1 ) ~)4
9T-5_006(2.)(~ 9I-11_007(1)
9T-5_ 007(2)(z0
9I-5_007(2)1t0
OBJECTION - A traffic circulation analysis has been provided for a future land use amendment
from County HR-8 (High Density Residential - 8 units/acre) and CH/8 (Commercial High
Intensity with a residential equivalent of 8 units/acre) to City MDR (Medium Density Residential
5-12 du/acre) and Transitional on a 14.47 acre parcel:
The analysis falls to provide essential information which is necessary to determine the full extent
of potential impacts this amendment may have on the regional roadway network. Additionally,
the source of the information is not provided.
RECOMMENDATIONS - The City should provide analyses which account for trip distribution,
assignment, peak hour level of service, and existing and future peak hour and annual average daily
capacity' of the adjacent roadway network based on the most recently available data with and
without the proposed amendment. The City should also provide the supporting data for the
analyses and the source(s) of the information.
REVIEWED BY: I.ARRY I-IYMOWIT7. PHONE: 305-777-4663
REVIEWED BY: IOHN KRKNE PHONE: 305-777-4601
REVIEWED BY: G_USTA3/O SCI[MDT__ PHONE: 305-777-460J.
[lTV OF: DELRI:iY gEfl[H
DELP,~¥ BE^EH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
1993
November 1, 1996
Larry Hymowitz, Project Manager
Florida Department of Transportation
3400 VVest Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
RE: CITY OF DELRAY BEACH
TRANSPORTATION CONCURRENCY EXCEPTION AREA {TCEA)
Dear Larry:
This is in response to the comments regarding the TCEA that you presented to
John VValker at the meeting on October 26th.
It is our understanding that the comments related to the transportation conditions
reports will be addressed by David Plummer & Associates and revised copies of
the reports provided to us. The specific comments on text changes throughout
the document will be accommodated as discussed in the meeting.
The formal objection directed to the Department of Community Affairs (DCA),
and the suggested language you presented to satisfy the objection, requires a
more detailed response.
The examples provided by you are those of a county setting criteria and
procedures for municipalities to establish TCEA's. As such, they are not
appropriate to the City's Comprehensive Plan, although all the criteria are
addressed in our TCEA documentation.
The applicable criteria cited in the Broward County excerpt is addressed in the
implementing policies that are included in the City's Plan Amendment, or are part
of Rule 9J-5 as noted in our TCEA documentation. It is our understanding that
the language from Broward County was adopted prior to adoption of the TCEA
To: Larry Hymowitz
Re: City of Delray Beach - Transportation Concurrency Exception Area (TCEA)
Page 2
rule language. Otherwise, such detail would not have been necessary. Now
that the rule language is in place, a finding of compliance will mean that the
designated TCEA meets the criteria of Rule 9J-5.
We will modify the Plan Amendment to include:
- Definitions pertinent to the TCEA will be included in the Plan Amendment.
- A policy directing that the City shall monitor development in the TCEA
annually to assess the land use mix.
- A policy calling for an amendment to the Land Development Regulations
excepting land uses in the TCEA from traffic concurrency requirements.
- A policy stating that the TCEA will become effective when found
consistent by DCA and Palm Beach County.
With the above described changes, we believe that the proposed TCEA can be
approved by DCA and FDOT. Please confirm as soon as possible that the
proposed changes will satisfy your comments, or if further discussion is needed.
Sincerely,
Di~,~tor
Planning and Zoning Department
S:\adv\TCEA\commentl
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ lO ~ - MEETING OF SEPTEMBER 5. 1995
TRANSMITTAL QF COMPREHENSIVE PLAN AMENDMENT 95,2
DATE: SEPTEMBER 1, 1995
This is before the Commission to authorize transmittal of proposed
Comprehensive Plan Amendment 95-2 to the Department of Community
Affairs (DCA) for review.
The Plan Amendment includes numerous text changes relative to the
following:
** Establishment of a Transportation Concurrency Exception Area
(TCEA). In addition to the complete TCEA report, a summary is
provided.
** The most recent draft of the Five Year Schedule of Capital
Improvements. The final version will be included in the Plan
at adoption.
** Clarification of the City's position on beach concessions.
** Completion of the West Atlantic Redevelopment Plan.
** The priority of redevelopment in the area of North Federal
Highway.
In addition, the amendment includes two (2) Future Land Use Map
(FLUM) amendments. They are:
(1) FLUM amendment from County HR-8 (High Density Residential - 8
units per acre) and CH-8 (Commercial High Intensity with a
residential equivalent of 8 units per acre) to City Medium
Density Residential (5-12 units per acre) and Transitional for
the Spence Property, a 14.47 acre parcel of land located on
the west side of Military Trail, approximately 1,400 feet
north of Atlantic Avenue.
(2) FLUM amendment from Redevelopment Area #1 to General
Commercial, Low Density Residential (0-5 units per acre),
Medium Density Residential (5-12 units per acre), Community
Facilities, and Open Space for the West Atlantic Redevelopment
Area located between Swinton Avenue and Interstate-95.
Recommend transmittal of Comprehensive Plan Amendment 95-2 to the
Department of Community Affairs for review pursuant to the
recommendation of the Planning and Zoning Board, containing the
material in the staff report and attachments.
ref:agmemo21
CITY COMMISSION DOCUMENTATION
TO: I~ID~, T. HAR ~I~N,,,~ CITY. MANAGER
THROUGH: DIA"N'E-DOMINGUEZ, DIR~CTO.~ OF PLANNING AND ZONING
FROM: JOHN WALKER, PROJECT COORDINATOR.,~
SUBJECT: MEETING OF AUGUST 5, 1995
PUBLIC HEARING - TRANSMITTAL OF COMPREHENSIVE
PLAN AMENDMENT 95-2
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of authorizing transmittal of
proposed Comprehensive Plan Amendment 95-2 to the Florida Department of
Community Affairs (DCA) for review.
BACKGROUND:
Comprehensive Plan Amendment 95-2 was initiated by formal action of the City
Commission on July 7, 1995. During processing, one item was deleted from the
list of initiated items: Changes related to the purchase of the Sandoway House.
In developing the Florida Communities Trust Grant application, it was found that
no additional Comprehensive plan information was needed to support the
request.
The proposed Plan Amendment includes two amendments to the Future Land
Use Map (FLUM), as well as numerous text changes relative to the following
subjects:
· Establishment of a Transportation Concurrency Exception Area (TCEA). In
addition to the complete TCEA report, a summary is attached.
· The most recent draft of the Five Year Schedule of Capital Improvements.
The final adopted version will be included in the Plan at adoption.
· Clarification of the City's position relative to beach concessions.
· Completion of the West Atlantic Redevelopment Plan.
· The priority of redevelopment in the area of North Federal Highway.
City Commission Documentation
Transmittal of Comprehensive Plan Amendment 95-2
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed the items included in the Plan
Amendment at a public hearing on August 28, 1995. Public testimony was
received on the following:
West Atlantic FLUM Amendments
Carolyn Young stepped down for this item. James Weatherspoon, Spencer
Pompey, and David Randolph all gave qualified support to the amendments.
Their concerns were that, in the implementation of the redevelopment plan,
residents should not be forced to leave their homes or be adversely impacted by
new commercial development. After discussion the Board recommended
approval on a 5-0 vote.
Spence FLUM Amendment
No public testimony was received. After discussion the Board recommended
approval on a 6-0 vote.
Comprehensive Plan Amendment
Helen Coopersmith asked for clarification of Transportation Demand
Management activities, and spoke in support of the establishment of the TCEA.
After discussion the Board recommended approval on a 6-0 vote.
ALTERNATIVE COURSES OF ACTION:
A. Transmit Comprehensive Plan Amendment 95-2 to DCA as presented via the
Planning and Zoning staff reports and City Commission Documentation.
B. Transmit Comprehensive Plan Amendment 95-2 to DCA pursuant to other
Commission direction.
RECOMMENDED ACTION:
By motion, authorize transmittal of proposed Comprehensive Plan Amendment
95-2 to DCA for review pursuant to the recommendation of the Planning and
Zoning Board, containing the material in this staff report and the attachments.
Attachments:
· Summary of TCEA Report.
· Proposed Comprehensive Plan Amendment 95-2, Including P&Z Reports
for FLUM Items.
S:~adv~t, omp~952CC 1
SUMMARY
TRANSPORTATION CONCURRENCY EXCEPTION AREA (TCEA)
Delray Beach is experiencing a renaissance in the form of the rediscovery of the
downtown as the heart of the community. There has been significant public
investment in the area, including streetscape projects for Atlantic Avenue, and
Pineapple Grove Way; Old School Square; Veterans Park; the Tennis Center;
and the South County Courthouse. New businesses have been established,
including art and antique dealers, restaurants and clubs, and many retailers.
Developers have expressed their desire to locate in the downtown, which would
involve redevelopment of several blocks.
However, a potential impediment to achieving the goal of a vibrant downtown is
the current level of service standard for traffic concurrency. Under existing
regulations, the main roadways within the downtown and adjacent areas must
operate at a level of service standard "D", which is the same standard that
applies to arterial roadways throughout the City. The existing street network may
not be adequate to achieve that level of service, given the long range growth that
is expected to occur in the downtown area. Many existing building setbacks, as
well as the pedestrian oriented streetscape, provide little opportunity for road
widening to increase traffic capacity. Nor would such widening be consistent
with the character and ambiance of the area. Adherence to a rigid level of
service standard for traffic in the central business district would create a major
obstacle to the City's revitalization efforts, and could jeopardize the substantial
public and private investment that has been made in the area to date. A critical
element to the City's ability to realize its goal of a vibrant downtown is the
establishment of a Transportation Concurrency Exception Area (TCEA).
A TCEA is a method to establish a geographic area in which there are no
transportation concurrency requirements. Authorized by Chapter 163, F.S. and
Rule 9J-5, F.A.C., a TCEA is established through a Comprehensive Plan
amendment.
The purpose of the TCEA is to reduce the adverse impact transportation
concurrency may have on urban infill development and redevelopment. It allows
exceptions to the transportation concurrency requirement in specifically defined
urban areas of a jurisdiction. The exceptions apply to all land uses and
development and types of facilities within expressly excepted areas. The
parameters of a TCEA include:
· The TCEA is a specific geographic area, delineated for downtown
revitalization, within the central business district.
· The TCEA is compatible with and furthers the Comprehensive Plan.
· The TCEA must be supported by data and analysis in the Comprehensive
Plan that demonstrates consistency with the rule. The TCEA should be
coordinated with the Florida Department of Transportation (FDOT) and the
Metropolitan Planning Organization (MPO).
· To implement the TCEA, a Comprehensive Plan Amendment is required to
adopt guidelines and/or policies specifying programs to address the
transportation needs of the TCEA.
The steps required to establish the TCEA include: determination of boundaries;
estimation of short term and long term development potential; modeling of traffic
impacts; analysis of transportation systems; identification of mobility needs;
identification of programs to accommodate mobility needs; and Comprehensive
Plan changes to establish and implement the TCEA.
BOUNDARIES
The boundaries of the TCEA were established by the City in coordination with
FDOT. The TCEA encompasses the central business district of Delray Beach,
pursuant to Section 163.3164(25) F.S., and contains approximately 436 acres.
The general limits of the TCEA are 1-95 on the west, SR A1A on the east, SE
2nd Street on the south, and NE 4th Street on the north. Centered on Atlantic
Avenue, the main shopping street of the City, the general character of the area is
commercial. The TCEA includes all those areas zoned Central Business District
(CBD), Central Business District - Railroad Corridor (CBD-RC) and Old School
Square Historic Arts District (OSSHAD). Also included are the General
Commercial (GC) zoning on West Atlantic Avenue and NW 5th Avenue,
residentially zoned parcels within one block north and south of Atlantic Avenue
and several Community Facilities (CF) zoned properties that fall within the
boundaries of the TCEA.
DEVELOPMENT POTENTIAL
Existing development within the proposed TCEA totals approximately 3 million
square feet. At build out, in the year 2015, the total for the area is projected at
6.3 million square feet. Growth includes significant increase in all uses,
especially residential uses, to achieve a better balance of housing/employment
opportunities.
The development scenario assumes dramatic changes in the TCEA in order to
establish the maximum development potential. Development potential was
determined by applying a Floor Area Ratio which maximizes intensity within the
limits of the Land Development Regulations. This method results in the
maximum development that could occur on a given lot. It was generally
assumed, for purposes of calculation, that all lots within the TCEA would be
redeveloped at their maximum height and intensity. Clearly, this will not happen
in every case. There are many valuable buildings in the TCEA that will remain
as they are or be modified to less than the maximum potential. However, by
evaluating the maximum development scenario relative to traffic, the City can
assess the most extreme case. If this extreme situation can be accommodated,
then any of the more likely growth scenarios can easily be accommodated.
TRANSPORTATION ANALYSIS
Traffic modeling was performed for both short term (year 2000) and long term
(year 2015) development scenarios. The roadway links were identify which fell
below Level of Service "D" due to growth in the TCEA. In the short term, only
portions of East Atlantic Ave. and Swinton Ave. were adversely impacted. In the
long term, affected roadway segments included portions of Swinton Ave., U.S. 1,
Atlantic Ave., and Linton Blvd.
In order to reduce the potential impacts of growth in the TCEA, transportation
alternatives to the single occupancy vehicle were evaluated. These included
pedestrian and bicycle systems, the Palm Tran bus system, and TriRail
commuter rail system. In addition, the impact of centralized parking lots on trip
length was evaluated. These alternatives are not accounted for in the traffic
model, but provide opportunities to reduce both trip generation and trip length.
CONCLUSIONS
The geographic area chosen for the TCEA is the logical area to concentrate
downtown development, both commercial and residential, in Delray Beach. All
major infrastructure is in place, including a grid network of streets providing
convenient access to and from major arterial roads. Maximum potential growth,
to 6.3 million square feet, can be accommodated in the TCEA, but will require
the provision of additional alternate transportation modes to offset the generation
of single occupancy vehicular trips. The mobility needs of the TCEA can be
satisfied by:
· Expanding mass transit opportunities.
· Implementing employer-based Transportation Demand Management (TDM)
activities, such as ride sharing, van pooling and flexible work hours.
, Expanding bicycle and pedestrian facilities.
· Increasing the utilization of centralized parking facilities.
COMPREHENSIVE PLAN CHANGES
Changes are proposed to the Comprehensive Plan in the following areas:
· Addition of text to describe the TCEA, its limits and purposes.
· Addition of objectives and policies to implement the specific programs
required by the TCEA, including:
-- Require employer-based TDM activities for large employers.
--Analyze the feasibility of establishing a Transportation Management
Association (organization to manage alternative transportation
opportunities).
-- Work through Palm Tran to increase the number of buses on selected
routes.
-- Establish an in-town shuttle system for the downtown.
-- Improve utilization of centralized parking lots through improved public
awareness.
-- Work through FDOT to add deceleration lanes at 1-95/Atlantic Ave.
-- Install sidewalks on all streets in the TCEA, and add additional bike
facilities.
These relatively Iow cost activities will provide the transportation alternatives
needed to allow the proposed land uses in the TCEA to function without
adversely impacting the roadway system throughout the City and neighboring
municipalities.
S:\adv\tcea~ABSTRACT
4
PLANNING & ZONING DEPARTMENT MEMORANDUM
TO: CITY COMMISSIONERS
FROM: JOHN WALKER
PROJECT COORDINATOR
DATE: SEPTEMBER 1, 1995
RE: TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 95-2
Please do NOT write in the Proposed Comprehensive Plan Amendment 95-2
(blue cover) and the Transportation Concurrency Exception Area Report (blue
cover) as I will need you to return them at the end of the September 5th City
Commission Meeting, so that I can send them to the Florida Department of
Community Affairs for review.
JW/dlm
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: August 21, 1995
AGENDA ITEM: V.E. RECOMMENDATION TO THE CITY COMMISSION
REGARDING TRANSMITTAL OF COMPREHENSIVE
PLAN AMENDMENT 95-2
ITEM BEFORE THE BOARD:
The item before the Board is that of recommending to the City Commission those
items that should be transmitted to Florida Department of Community Affairs as part of
Comprehensive Plan Amendment 95-2.
BACKGROUND:
The City Commission initiated Comprehensive Plan Amendment 95-2 on July 7, 1995.
In the initiation motion, all of the Planning and Zoning Board°s recommendations of
June 19, 1995 were approved
During the processing of the Plan Amendment, the following item was deleted from the
list of items that were initiated:
* Changes related to the proposed purchase of the Sandoway House. In developing
the Florida Communities Trust grant application, it was found that no additional
Comprehensive Plan information was needed to support the request.
The proposed Plan Amendment contains:
, Numerous changes to establish and implement a Transportation Concurrency
Exception Area (TCEA) for the downtown.
, The most recent draft of the Five Year Schedule of Capital Improvements.
, Changes to clarify the City's position relative to beach concessions.
, Text changes to acknowledge the Completion of the West Atlantic Redevelopment
Plan.
Policies regarding the priority of redevelopment in the area of North Federal
Highway.
V.E.
P& Z Memorandum Staff Report
Recommendation to the City Commission Regarding Transmittal of Comprehensive Plan Amendment
95-2
Page 2.
· Future Land Use Map Amendments for:
· Spence Property
· West Atlantic Area
RECOMMENDED ACTION:
By motion, recommend that the City Commission transmit to the Florida Department of
Community Affairs, Proposed Comprehensive Plan Amendment 95-2, containing the
material in the staff report and attachment.
Attachment: Proposed Comprehensive Plan Amendment 95-2
T:\adv\comp\952PZl
NOTICE OF PUBLIC HEARING
COMPREHENSIVE PLAN AMENDMENT 95-2
CITY OF DELRAY BEACH. FLORIDA
The City Commission of the City of Delray Beach, Florida, will
· consider Amendment 95-2 to the City's adopted Comprehensive Plan.
Amendment 95-2 consists of amendments to the goals, objectives and
policies of individual elements based upon assessment of tasks
accomplished, availability of resources, and new information. It also
includes changes to the Future Land Use Map (FLUM).
The TEXT AMENDMENTS address the following subject matter:
· Changes resulting from completion and adoption of a
Transportation Concurrency Exception Area (TCEA) for the
downtown.
· The Five Year Schedule of Improvements, which will be updated as
part of the budget process.
· Changes relative to beach concessions.
· Text changes relative to the completion and adoption of the West
Atlantic Avenue Redevelopment Plan.
· Changes related to the proposed purchase of the Sandoway House.
· Text changes stressing the importance of North Federal Highway
redevelopment; directing the City to work with the Community
Redevelopment Agency (CRA) on a plan to revitalize this area.
The proposed amendments may affect the following elements:
· Traffic * Capital Improvements
· Coastal Management * Housing
· Future Land Use * Open Space and Recreation
· Conservation
The changes to the FUTURE LAND USE MAP (FLUM) involve two areas of
land which will be transmitted as a part of Amendment 95-2.
Map Insert
Legend Insert
The City Commission will conduct a Public Hearing on Comprehensive
Plan Amendment 95-2 on T~ESDA¥. SEPTEMBER 5. 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 will accept
public testimony and will consider the transmittal of Comprehensive
Plan Amendment 95-2 to the State of Florida, Department of Community
Affairs, for intergovernmental review ana comment. Upon completion of
that review, an aaaitional aavertisea public hearing will be scheauled
at which the City Commission will consiaer aaoption of Comprehensive
Plan Amenament 95-2.
Ail interested citizens are invited to attend the public hearing and
comment upon proposea Comprehensive Plan Amendment 95-2 or submit
their comments in writing on or before the aate of this hearing to the
Planning and Zoning Department. Copies of the proposed amendments to
the Comprehensive Plan are available at the Delray Beach Planning and
Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida 33444 (Phone 407/243-7040), between the hours of 8:00 a.m. and
5:00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON 'DECIDES TO APPEAL ANY 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 MAY
NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT
PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
August 28, 1995 Alison MacGregor Harry
City Clerk
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Instructions to Newspaper: Per Floriaa Statutes, the minimum size of
this ad is a 2 x 10 inch block. However, we ac not want the map
reducea any further from what is proviaea so that it will remain
legible. Hence, we neea at least a 2 x 10 inch aa, but recognize that
it may have to be larger to ac¢ommoaate the map. The heaaline (NOTICE
OF PUBLIC HEARING / COMPREHENSIVE PLAN AMENDMENT 95-2 / CITY OF DELRAY
BEACH, FLORIDA) is to be in a type no smaller than 18 point. The aa
is not to be placea in that portion of the newspaper where legal
notices and classifiea aavertisements appear. Thank you for your
assistance.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MJ~AGER~/~
SUBJECT: AGENDA ITEM # ~&-- - MEETING OF JULY 11, 1995
INITIATION OF COMPREHENSIVE PLAN AMENDMENT 95-2
DATE: JULY 7, 1995
This is before the Commission to formally initiate Comprehensive
Plan Amendment 95-2. This amendment focuses mainly on land use
issues as listed in the attached staff report. Pursuant to LDR
Section 9.2.1, "a Plan Amendment shall only be initiated by
formal action of the City Commission."
Recommend initiation of Comprehensive Plan Amendment 95-2
pursuant to the recommendation of the Planning and Zoning Board.
CITY COMMISSION DOCUMENTATION
TO: /,I~V~D T. HARDEN, CiTY MANAGER
FROM: , DIRECTOR OF PLANNING AND ZONING
SUBJECT: MEETING OF JULY 11, 1995
INITIATION OF COMPREHENSIVE PLAN AMENDMENT 95-2
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of initiating Comprehensive
Plan Amendment 95-2. Pursuant to LDR Section 9.2.1, "a Plan Amendment
shall only be initiated by formal action of the City Commission". Thus, this item
is before the City Commission for formal action.
BACKGROUND:
The City is allowed to enact two amendments to its Comprehensive Plan each
year. The first amendment (95-1) has been reviewed by the State and will be
before the City Commission for adoption in the near future. The second
amendment focuses mainly on land use issues.
The Planning and Zoning Board formally reviewed this item at its meeting of
June 19, 1995. The Board recommended unanimously that the City Commission
initiate Comprehensive Plan Amendment 95-2, containing the following items:
· Changes to the Comprehensive Plan resulting from completion and adoption
of a Transportation Concurrency Exception Area (TCEA) for the downtown.
· The Five Year Schedule of Capital Improvements, which will be updated as
part of the budget process.
· Changes relative to beach concessions.
· Text changes related to the completion and adoption of the West Atlantic
Redevelopment Plan.
· Changes related to the proposed purchase of the Sandoway House.
· Changes to the Future Land Use Map:
City Commission Documentation\
Initiation of comprehensive Plan Amendment 95-2
Page 2
- West Atlantic Redevelopment Area; and,
- The Spence Property, 15 acres located on the west side of Military Trail
north of Atlantic Avenue.
. Text changes stressing the importance of North Federal HighWay
redevelopment; directing the City to work with the CRA on a plan to revitalize
this area.
RECOMMENDED ACTION:
By motion, initiate Comprehensive Plan Amendment 95-2 pursuant to the
recommendation of the Planning and Zoning Board.
S:~adv\comp\9521NIT2