57-94 LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN
FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED
HEREIN FROM LOW DENSITY RESIDENTIAL TO TRANSITIONAL;
SAID LAND BEING LOCATED ON THE NORTH SIDE OF ATLANTIC
AVENUE, AT HAMLET DRIVE (EXTENDED); ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is designated on
the Advisory Future Land Use Map in the Comprehensive Plan for the
City of Delray Beach, Florida, as Low Density Residential; and
WHEREAS, at its meeting of June 20, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted 6 to 0 to recommend that the advisory
FLUM designation be changed from Low Density Residential to
Transitional; and
WHEREAS, it is appropriate that the Advisory Future Land Use
Map in the Comprehensive Plan be amended to reflect the advisory FLUM
designation of Transitional.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~_~ That the legal description of the subject
property is as follows:
The West 198 feet of the Southeast Quarter (SE 1/4)
of the Southwest Quarter (SW 1/4) of the Northeast
Quarter (NE 1/4) of the Southeast Quarter (SE 1/4),
LESS State Road 806 right-of-way, lying in Section
13, Township 46 South, Range 42 East, Palm Beach
County, Florida.
The subject property is located on the north side of
Atlantic Avenue, at Hamlet Drive (extended);
containing 1.3 acres, more or less.
Section 2. That the Advisory Future Land Use Map
designation of the subject property in the Comprehensive Plan is
hereby changed from Low Density Residential to Transitional.
~_~ That the City of Delray Beach elects to make
this small scale amendment by having only an adoption hearing,
pursuant to Florida Statutes Section 163.3187(1)(c)4.
~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
~ That this ordinance shall become effective as of
the date a final order is issued by the Department of Community
Affairs or Administration Commission finding the amendment in
compliance in accordance with Section 163.3184, Florida Statutes,
whichever occurs earlier. No development orders, development permits,
or land uses dependent on this amendment may be issued or commence
before it has become effective. If a final order of noncompliance is
issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming
its effective status, a copy of which resolution shall be sent to the
Department of Community Affairs, Bureau of Local Planning, 2740
Centerview Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final
reading on this the 19th day of July , 1994.
ATTEST:
~ity Cl~k
First Reading July 5, 1994
Second Reading July 19, 1994
i! - 2 - Ord. No. 57-94
N
~ LAND USE AMENDMENT
CTV'~ tl~ Dltl.l~v Ir..Ao~ IPt.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~ 1
SUBJECT: AGENDA ITEM % ~O.C'- MEETING OF JULY 19. 1994
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO.
O?-94/¢HANGING ADVISQRY FUTURE LAND USE MAP DESIGNATION
FQR DIMARZI0 PROPERTY
DATE: JULY 14, 1994
This is second reading and public hearing for Ordinance No. 57-94
which changes the advisory future land use map designation in 'the
Comprehensive Plan for a 1.3 acre vacant parcel from Low Density
Residential to Transitional. The subject property is located on
the north side of Atlantic Avenue, at Hamlet Drive (extended). It
is currently unincorporated, but within the City's planning and
service area.
The change is City-initiated and is proposed as part of ongoing
efforts between the City and Palm Beach County to create greater
compatibility between the respective land use plan designations for
properties within the City's planning area.
The Planning and Zoning Board formally reviewed this item on June
20, 1994, and forwarded it to the Commission with a unanimous
recommendation for approval.
Ordinance No. 57-94 was passed on first reading by the City
Commission on July 5, 1994, by a 4 to 0 vote.
Recommend approval of Ordinance No. 57-94 on second and final
reading.
ref:a:agmemol5
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ /~ - MEETING OF JULY 5. 1994
FIRST READING FOR ORDINANCE NO. 57-94/CHANGING ADVISORY
FUTURE LAND .USE MAp DESIGNATION FOR DIMARZIO PROPERTY
DATE: JULY 1, 1994
This is first reading for Ordinance No. 57-94 which changes the
advisory future land use map designation in the Comprehensive Plan
for a 1.3 acre vacant parcel from Low Density Residential to
Transitional. The subject property is located on the north side of
Atlantic Avenue, at Hamlet Drive (extended). It is currently
unincorporated, but within the City's planning and service area.
The change is City-initiated and is proposed as part of ongoing
efforts between the City and Palm Beach County to create greater
compatibility between the respective land use plan designations for
properties within the City's planning area.
The Planning and Zoning Board formally reviewed this item on June
20, 1994, and forwarded it to the Commission with a unanimous
recommendation for approval.
Recommend approval of Ordinance No. 57-94 on first reading. If
passed, public hearing on July 19, 1994.
ref:a:agmemol5
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTO]
DEPARTMENT OF PLANNING~~~,
SUBJECT: MEETING OF JULY 5, 1994
AMENDMENT TO THE ADVISORY FUTURE LAND USE MAP
DESIGNATION FROM LOW DENSITY RESIDENTIAL TO
TRANSITIONAL FOR A 1.3 ACRE PARCEL OF LAND (DIMARZIO
PROPERTY.).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the commission is the approval on first
reading of an amendment to the Advisory Future Land Use Map
Designation from Low Density Residential to Transitional for the
DiMarzio Property.
The subject property is a 1.3 acre vacant parcel, located on the
north side of Atlantic Avenue, at Hamlet Drive extended.
BACKGROUND:
The site is a 1.30 acre vacant parcel adjacent to and southwest
of the Hanover Square subdivision. It is located in
unincorporated Palm Beach County, within the City's designated
planning and service area (future annexation map).
In 1989, this property was given an advisory FLUM designation of
Low Density Residential. It is designated on the County's FLUM
as CH-5 (Commercial High Intensity with residential equivalent
of 5 units per acre). The Land Use designations between the City
and the County FLUMe were to be made consistent and/or
compatible. A program for achieving consistency was worked out
with assistance from the Palm Beach County-wide Planning
Council. The program involved changes to the land use
categories to be adopted by the County as they prepared their
FLUM. Unfortunately, the degree of desired consistency did not
occur.
During the past few years, inconsistences have been discovered
as development proposals have proceeded through the County
system only to run into problems when the City is approached for
P & Z Staff Report
DiMarzio Property - FLUM Amendment
Page 2
the provision of water and sewer services. In August, 1992 the
City identified eleven instances of conflicts under the County
FLUM which accommodated the potential for strip commercial or
other inappropriate commercial development (as defined by the
City Comprehensive Plan).
In June, 1993, the City attempted to enter into an Extra-
territorial Powers Agreement with the County which would have
given the City land use authority 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 the conflicts. The
Extra-territorial Powers Agreement was opposed by affected
residents and property owners and was not approved by the Board
of County Commissioners.
In light of the failed agreement the City Commission formally
requested that the Board of County Commissioners direct its
Planning Department to initiate changes to the County FLUM to
eliminate the conflicts. County and City Planning staffs met in
April, 1994 to discuss the inconsistencies. As a result of this
meeting the County initiated nine changes as part of their 94-2
FLUM amendment and the City initiated the proposed change to the
subject property.
PLANNING AND ZONING BOARD CONSIDERATION:
This item was reviewed at a joint meeting of the Planning and
Zoning Board and the County Land Use Advisory Board (LUAB) of
June 13, 1994, along with a corresponding Land Use Plan
Amendment from the County's current CH/5 (Commercial High
Intensity With a Residential Equivalent Of § Units/Acre)
designation to HR/8 (High Density Residential - 8 Units/Acre).
Due to questions concerning whether or not the property owner
had received adequate notification, both items were tabled.
The LUAB considered the change from CH/5 to HR/8 at its meeting
of June 17, 1994 and unanimously recommended approval.
The Planning and Zoning Board considered the change in the
advisory FLUM designation from Low Density Residential to
Transitional at its meeting of June 20, 1994 an unanimously
recommended approval.
RECOMMENDED ACTION:
By motion, approve on first reading an amendment to the Advisory
Future Land Use Designation from Low Density Residential to
Transitional for the DiMarzio Property.
Attachment:
* P&Z Staff Report
PLANNING AND ZONING BOARD
CITY OF DEL~AY BEACH --- STAFF REPORT---
MEETING DATE: June 20, 1994
AGENDA ITEM: City FLb%I Amendment from Low Density Rcsidential to Transitional
ITEM: V.D.
GENERAL DATA:
Owne= ...................... .. . ~1o Dt~zlo
LocatAon ...................... On the noz~h lade o£ Atl&ntA¢ Avenue,
went o~ Hoeeuoo4 Boulev&~d,
P=opeE~.¥ S~zo ................. 1.3 acres
CuE~en~
C~y ~v~so~ ~ Use Plan...~ De~y Ree~don~AeA (0-S
ec~e)
P~o~
~zen~
~tT ~ Use PL~ .......... CH-S (C~mtat High Znte~tty
ResAdeaCAaA e~Ava~eat of
Co~y ~ Use Ptan .......... HR-I (HXgh ~flstty Reatden[taX -
unA~i/lcEt)
zofltng ........................ ~ (Agrt~l[vrel ~stdenttal - P~)
~3acefl~ Zoning ........ No~th~ P~ (PIe~ Residential
Sou~at R-I-A (Stngte F~Iy Residential a~ OS
(O~n S~ce)
Meat: ~ (P~)
Exts[tng ~nd Use ............. Vacan[
Pco~a~ ~nd Use ............. Hone
Wa~e= Se~ce ............. .. ..Existing ti" water MAn tn
AvOfl~O.
s~e~ se~tce .......... ... . . ** ZxAeetng ~f[ S[a[ton on
Square sale, ~ of ~ ad3aceflc [o V.D.
[he pco~y.
I TEM BEFORE THE BOARDI
The action before the Board is making a recommendation to the
C£ty Commiss~on on an amendment to an advisory Future Land Use
Map designation, from Low Density Residential to Transitional.
The subject progerty is a vacant parcel located on the north
~ide of Atlantic Avenue, west of Homewood Boulevard. The
property is currently under the Jurisdiction of Palm Beach
County.
Pursuant to Section 2.2.2(E), the Local Planning Agency
(Planning and Zoning Board) shall review and make a
recommendation to the City Comission with respect to all
amendments to the City's Future Land Use Map.
The site is a 1.30 acre parcel adjacent to and southwest of the
Hannover Square subdivision. The site is currently vacant.
is loca~ ~n un~nco~ra~ Palm Beach County, within
C~'s designa~ planning and se~ce area.
In 1989, this proper~y was g~ven an adv~so~
Low Density Residen~ial. I~ is desL~a=~ on ~he County's FL~
as CH-5 (Co~erc~a~ H~gh Intensity wLth ~ee~den~Lal ~valen~
of 5 un,ts per acre). The Land Use des~gn.~ons ~ween
and ~he County FL~ were ~o ~ ~de cons~s~en~ and/or
compa~ble. A progr~ for achLev~ng consLs~en~ was wo=ked out
wi~h assis~ance from ~he Palm Beach Coun~y-w~de Planning
Council. The progr~ ~nvo~v~ changes to ~he land use
categories ~o be adop~ by ~he County as ~hey prepar~ ~heir
FL~. Unfortunately, ~he degree of des~r~ cons~s~en~ d~d no~
Occur.
During the pas~ f~ years, incons~s~ences have ~n d~scovered
as develo~n~ 9ro~sals have proce~ ~ough ~he County
sys~e~ only ~o ~n Ln~o proble~ when ~he Cl~y Ls apgroached for
C~ty lden~LfL~ eleven ~ne~ancee of conflicts unde= ~he County
FL~ which acco~~ ~he potential for e~r~9 c~rc~al or
other ~napp~pz~a~e co~rc~a~ deve~o~n~ (al def~n~ by the
C~y Comprehensive Plan).
In June, ~993, ~he C~ty a~e~ ~o enter ~n~o an Extra-
=err~orial Powers Agreemen~ wL~h ~he County which would have
g~ven ~he CL~y land use eu~horL~ Ln ~he CL~y'e PlannLng area.
Under ~h~e agr~n~ ~he C~=y'e Future ~nd Uae
would have appli~ w~hLn ~he un~nco~ra~
Planning ~e~ there~ e~ne~ng ~he conflicts. The
Ex~ra-~err~or~al P~ere Agreemen~ was op~e~ ~ affected
ree~den=e and 9ro~r~y o~ere and was no~ approv~ ~ the Board
of County Co~seLonere.
P & Z Staff Report
DIMarzio Property - FLUM Amendment
Page 2
In light of the failed agreement the City Commission formally
requested that the Board of County Commissioners direct its
Planning Department to initiate changes to the County FLUM to
eliminate the coo~licts. County and City Planning staffs met in
April, 1994' to discuss the inconsistencies. As a result of this
meeting the County will initiate nine changes as part of their
94-2 FLUM"amendment while the City will make the change to the
subject property (see attached letter from David Kovacs).
COMPREHENSIVE PLAN ANALYS I St
This Future Land Use Map Amendment is being processed as a S~ll
Scale Developmen~ pursuan~ Co Florida SCa~uCo ~63.3~87(c). This
s~a~ute allows any local gove~en~ co~rehenoive land use
amen~en~s directly rela~ ~o pro~s~ s~ll scale developmen~
activities ~o be approv~ wl=hou~ regard ~o s~a~u~o~ ll~=s on
the fre~ency of consldera~ion of ~en~en~s (twice a year),~
subject to the following condLtLons~
no~es~den~al land or 10 acres of residential land wL=h a
density of 10 units ~r acre or
* The c~la~lve effec~ of ~hl ~en~n~l pr~esl~ under
~h~s section shall no~ ezce~ 60 acrel a~ulLly~ and,
* The pro~s~ ~en~en~ does no~ ~nvo~vl ~ht s~
o~er's proper~y within 200' of pro~y gran~ a change
w~th~n a ~r~ of 12 months.
The s~ec~ parcel con~inl only 1.3 acres. WL~h rel~c~ ~o
r~r/men~ for ~he res~den~Lml density ~o ~ ~en units ~r acre
n~e~ o~ zoning classifications, including off,ce, ne~g~Ehood
co~e~cia~, single ~y ~esidon~la~, and ~ and
densi~y refiden~iel. ~ lo unlikely t~ =he ~uro ~nd Use
Uesigna~lon c~ge wl1~ result In residential develo~n~ which
w~ exc~ ~0 units ~r acre.
~his ~rco1, along with o~her sMll scale ~n~n~s pr~ess~
this year, will no~ exce~ 60 acres. ~ls p~~y has no=
proviously ~on co~idor~ for a le~ uso ~~n~ nor has
s~e pro~y ~or ~n gran~ · l~d use c~ge on p~o~==~
~oca=~ within 200 ~eo~ o= within the las~
Consis~oncy ~on Cl~y ~ Co~y
Concur=en~ with tbe ~o~s~ chango, Pill ~lch County
processing an ~en~en~ changing i~s dooi~tion from
(Co~ercia~ HAgh Xn~ensl~y w~th residen~Aa~ ~Avalen~ o~ 5
un,rs per ec~e) ~o HR-8 (HAgh ResAden~AaX - 8 unA~s ~ ac=e).
P & Z Staff Report
DiMarzio Property - FLUM Amendment
Page 3
To achieve consistency with the proposed County designation of
HR-8 a change in the City advisory designation from Low Density
Residential to Transitional is proposed.
Consistency with:'AdJacent Future Land Use Map Designations and
.The 1.3 acre subject parcel is bordered on the north and east by
an existing single family development (Hannover Square/Windy
Creek) which is designated as Low Density Residential on the
FLUM. To the south of the parcel and across Atlantic Avenue is
an existing single family development and golf club (?he Hamlet)
which is designated as Low Density Residential and Open Space.
The vacant, un£ncorporated parcels to the west of the parcel
have been assigned an advisory designation of ?ransitional on
the City's FLUM. The Low Density Residential designation
appears to have been assigned to the parcel based on the
assumption that it was included in the Hannover Square/Windy
Creek development.
Given the parcel's small size and its location adjacent =o a
ma~or arterial road, designation of the parcel as Low Density
Residential (5 units per acre) is not appropriate. Development
of the parcel at that density is extremely unlikely. However,
the parcel is also adjacent to an existing single family
development. Thus, a General Com~ercial designatio.a is also
inappropriate. As the remaining vacant percale to the west have
a Transitional designation, the ~ost appropriate action would be
to include the subject parcel with the adjacent Transitional
designated area.
Future Land Uoe Mmpm The uoe or stFuctu~em must bm allowed
~hm zoning dtm~tct ~ the sorting dissect
Pu~suanc to ~d ~olo~nt Re~1ettonm S~tton 3,X,X(A)
and the zoning district must be consistent with the land use
desk.eton. ~ere ~e no sC~cturem currently existing on cae
parcel. ~o ~ont zoning desertion for the elto ts Palm
Beach County ~ (Agricultural Residential). A zoning
designation which tm co~tsten~ wt~
~Cure Land Uso ~p domination will ~ mmml~ to tho parcel
upon annexation.
s Factltttmm which
be provtdM to nw dovolo~nt concurrent with
be p~ovtdM ~rmunt to lovolm of me.ice om~XAmh~wAthAn
Comprehensive PXmn.
P & Z Staff Report
DiMarzio Property - FLUM Amendment
Page 4
The subject parcel is currently vacant. The maximum development
potential according to the current FLUM is 6 single family
dwelling units. The proposed FLUM designation would permit a
maximum of b5 m~ltiple family dwelling units or approximately
14,157 square feet of commercial and/or office development [(1.3
acres * 43,560 square feet/acre) * .25 FAR] . The following
describe~ effects on the City's Levels of Service of =he
· additional demands for service capacity which will be generated
by this action.
Trafficz
The maximum number of trips which could be generated by the
development of the parcel under the current FLUM designation
60 (6 un£ts * 10 Average Dally Tripe/unit). The maximum
potential for traffic generation under the proposed designation
would be approximately 1,800 ADT according to the ITE Trip
Generation Manual (Sth ed.) formula for shopping
In T - 0.6251nX + 5.985
where T - average daily trips and
X - square feet (in thousands)
In T - 0.625(ln14.157) + 5.985
T ' 2,083
- 929 (less 44.61% passer by rate from PBCTPSO)
Net T - 1,155
Palm Beach County 1993 traffic counts indicate 29,275 ADT
currently on Atlantic Avenue (LOS "D#). Construction for a
widening of Atlantic Avenue to six lanes has begun. The
widening will provide a capacity of 45,000 ADT at LOS "C."
Capacity exists to serve the maximum development potential of
this site under the proposed FLUM designation,
All se~vLcel are currently available to the pro,arty. The
proposed change to en advisory Future L~nd Use Deel~lltion will
not harm · slgnl£1can~ affect on the City'e ability to provide
Positive findings with regard to Concurrency will a~so be
required at the t~no of annexation and ~nitial zoning of tho
subject property.
icl· 3.3, shell bo tho bowls upon v~tch m finding of
overall consistency is to bo ntdo, O~bor ob2octives and
policies found in the adop~ed Comprehensive Plan My bo used in
the hiking of a finding of overall consist·nay.
P & Z Staff Report
DIMarzio Property - FLUM Amendment
Page 5
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:
Fu~urs Land Uss Element Policy B-$.3al
This policy requires consistency between County and City FLUM
designations within the Delray Beach Planning and Service Area.
The proposed FLUM amendment, along with a County FLUM amendment
being processed concurrently for the property achieves the
required consistency.
As this is a vacant property and no development is proposed as a
part of this FLUM amendment, review of the site with regard to
current development standards is not applicable.
REVIEW BY OTHER8: ~
The rezoning ~s not in a geographic area requiring review by
either the HPB (Historic Preservation Board), DDA (Downtown
Development Authority) or the CRA (Community Redevelopment
Agency).
Neighborhood NotLce~
Formal public notice has been provided to prOpOL~Cy owners within
a 500' radius o£ the subject propeL~cy. A special certified
notice has been sent to the property owner of record.
Courtesy notices have been sent to the following individuals and
groups who have requested noti£1catLon of petitions in that
area:
* Helen Coopers~L~h
* Jack Kellerman
High Point
* Ar~ Jackal
United Propez~cyOwners
* Woodlake Homeowners Association
* George Roland
Greensward Village
Letters of objection, if any, will be presented at the P & Z
Board meeting.
P & Z Staff Report
DIMarzlo Property - FLUM Amendment
Page 6
ASSESSMENT:
This parcel ts an isolated 1.3 acre parcel with an advisory Low
Density Residential Future Land Use designation. The parcel Is
adjacent to a large vacan~ area to the west which has been
designated, as Transitional on the FLUM. As the adjacent Low
Density R~sidential designated proper~y to ~he east has been
developed with single family residences, the subject property is
most appropriately included In the Transitional designation with
the adjoining vacant properl~.¥. As all required positive
findings can also be made, an amendment to the Future Land Use
Map for the site Is appropriate.
ALTERNATIVE ACTION8~
A. Continue with direction.
B. Recommend approval of the proposed small scale
amendment to ~ha Future Land Use Map,
C. Recommend denial of the proposed small scale amendment
to the Future Land Use Map,
STAFF ~ECOMMENDATXON=
Recommend to the City Commission approval of a small scale
amendmen~ to tho Future Land Use Map Advisory Designation for
the D~MarzIo proport, y frou low Density Residential to
Transitional, upon positive findings w~th respect to the
policies of the Coapreharmiva Plan and LDRArt. lclo 3.1.
Attachments=
* LocationMap
Report prepared by = J~£ Perkins Plarmo
Reviewed by PD on z _~~~/~