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94-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 94-2 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 94-2" 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 94-2"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on July 18, 1994, 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 94-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 94-2 was submitted to an~ reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 94-2 was held by the City Commission on August 2, 1994, 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 94-2; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 94-2 was held on December 6, 1994, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ 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". ~ That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 94-2", which is attached hereto as Exhibit "A" and incorporated herein by reference. ~_~ That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 94-2". ~u~ 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 all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. ~_~ That this ordinance shall become effective upon issuance of a final order determining the adopted amendment to be in compliance in accordance with Florida Statutes Section 163.3184(9), by the State Department of Community Affairs, or until the Administration Commission issues a final order determining the adopted amendment to be in compliance in accordance with Florida Statutes Section 163.3184(10). - 2 - Ord. No. 94-94 PASSED AND ADOPTED in regular session on second and final Dece~er reading on this the 6th day of , 1994. ATTEST: Acting City Clerk First Reading November 15, 1994 Second Reading December 6, 1994 - 3 - Ord. No. 94-94 EXHIBIT "A" TO ORDINANCE NO. 94-94 COMPREHENSIVE PLAN AMENDMENT 94-2 OPEN SPACE AND RECREATION ELEMENT 1. Location: Pg. III-D-20, Policy B-2.3 Policy B-2.3 The Open Space (OS) and Open Space and Recreation (OSR) Zone District~ of the Land Development Regulations shall be applied to "Recreation"~ "Open Space" and "Conservation" parcels. Zone shall provide for distlnct standards applicable to open space lands and to conservation lands. (cl) [LDR*s Sectlon 4.4.22]. COASTAL MANAGEMENT ELEMENT 1. Location: Pg. III-F-ii, last diamond · Post disaster redevelopment is to replicate existing land uses (low intensity residential, public access to beach) with the exception that high-rise housing structures and resorts which are currently nonconforming would not be able to reestablish themselves. An exception to this restriction exists for one year followinq destruction of a residentialt hotelt motel~ or resort dwelling unit structure through disaster. Structures may be rebuilt to pre-disaster densities and heights if an aDDlication for a permit is submitted within one year of the disaster. Z~ ~ ~~~ ~~~ ~Services and facilities are adequate to accommodate the existing population. Also, since the high vulnerability area is already in beach use and 75% publicly owned, it is anticipated that there will be little opportunity for public acquisition or other corrective measures to be implemented for mitigation and reduction of hazards in future episodes. There are no instances of repeated damages in coastal storms. 2. Location: Pg. III-F-24, Policy C-3.4 Policy C-3.4: Whenever a structure is damaged to an extent of greater than 50% of its value, it shall not be reconstructed unless such reconstruction complies with the r~quirements of the zoning district which applied to the property and with the policies of the Coastal Management Element of the Comprehensive Plan~ except as provided in Policy C-3.7. (c6) 3. Location: Pg. III-F-25, Policy C-3.6 Policy C-3.6: Development in the Coastal Zone shall be subject to the same findings of concurrency as is required for other development in the City and shall additionally include a finding that such development is consistent with the densities proposed by thee Future Land Use Element, except as provided in Policy C-3.7~ and is consistent with coastal resource protection and safe evacuation programs. (c12) 4. Location: Pg. III-F-25, Policy C-3.7 (NEW) Policy C-3.7: Whenever a residential~ hotel~ motel~ or resort dwellinq unit structure is destroyed to an extent of greater than 50% of its value by disaster~ the structure may be rebuilt to pre-disaster densities and heiqhts if permit applications are submitted within one year following the disaster. Current fire and buildinq codes shall be met; current parking and landscape requirements shall be complied with as closely as possible. For purposes of this policy, disaster means any non-self imposed catastrophic damaqe includinq~ but not limited to~ fire~ flood and storm. 5. Location: Pg. III-F-27, Policy C-7.1 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 conservation. There shall be no commercial development nor water-dependent development (except the beach) or water-related uses 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)] 6. Location: Pg. III-F-29, Policy D-3.2 Policy D-3.2: The long range redevelopment portion shall provide for land use and character of development which presently exists except that the height of reconstructed buildings shall be limited to the then current height regulations of the City~ except as provided in Policy C-3.7. 7. Location: Pg. III-F-29, Policy D-3.4 Policy D-3.4: Whenever a structure is damaged to an extent of greater than 50% of its value, it shall not be reconstructed unless such reconstruction complies with the requirements of the zoning district which applied to the property, exceDt as provided in Policy C-3.7~ and with the policies of the Coastal Management Element of the Comprehensive Plan. (c6) Page 3 FUTURE LAND USE ELEMENT 1. Location: Pg. III-G-30, Policy C-2.7 Policy C-2.7 The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which is zoned RM and contains some mixed use but is primarily single family. It also involves the adjacent land use of the Floranda Mobile Home Park which is a well maintained land use but which may, in the future, be inappropriate for its location along Federal Highway adjacent to a regional shopping mall. Redevelopment of this area should complement the natural scrub habitat to the north which should be preserved to the greatest extent possible. WM~ ~ Data and analysis pertaining to a redevelopment plan for this area have been completed. While not conclusive~ the results indicate that the most appropriate course of action for this area is to provide for a "pocket CRA" or its annexation into the CRA boundaries~ and completion of a redevelopment plan which provides for the following: ~ Aggregation of the properties to allow for a unified development that is a minimum of 10 acres in size. While the most desirable plan would include both the Silver Terrace subdivision and the mobile home park~ it is understood that the cost of relocating mobile home residents may make its inclusion infeasible. A mix of residential and nonresidential uses~ provided however~ that the nonresidential uses are of a type and scale that will primarily serve residents of the redevelopment area; and that Page 4 such uses do not comprise more than 15% of the total land area. Residential densities of up to 25 dwelling units per acre; subject to the provision of adequate open space~ common areas and recreational amenities; and the appropriate spacing and massing of structures. ~ The lead agency for completion and implementation of the plan rests with the City. Upon completion of the redevelopment plan, rezoninq of the property to SAD (Special Activities District). In order to ensure the financial feasibility of the redevelopment plan~ the City may contribute funding to the extent permitted by law~ and in a manner that is consistent with the goals~ objectives~ and policies of the Comprehensive Plan.. This redevelopment plan shall be completed in FY 94/95. Should the Redevelopment Plan for the area not be substantially in process by October~ 1995~ the City shall proceed to install programmed infrastructure. 2. Location: Pg. III-G-34, Objective C-5 Objective C-5: The relationship between coastal area population and measures for evacuation in the event of a hurricane shall be enhanced through the requirement that redevelopment of existing properties in the coastal zone shall be consistent with the Future Land Use Map as opposed to reconstruction to current intensitiesL except as provided in Coastal Management Policy C-3.7. (b5) 3. Location: Pg. III-G-41, second item COMMUNITY FACILITY LAND USES: This designation is applied to current and future school sites; to current and future sites for public buildings; and to current and future sites for public facilities e.g the wastewater treatment plant and well field protection zone #1. It is also applied to single function (purpose) buildings which have been constructed for community .related purposes (e.g. churches) and which are not commercial in nature. However, not all Page 5 community facilities are required to be shown under this designation. Small sites are not shown nor are the locations of governmental services (e.g. H.R.S.) which lease common office space, nor are churches Z~ that do not include substantial accessory use such as educational facilities. 4. Location: Pg. III-G-43, Table L-6 TABLE L-6 Land Use Designation/Zoning Matrix, is revised to reflect the new Open Space and Recreation (OSR) Zoning District. Page TABLE L-6 LAND USE DESIGNATION/ZONING MATRIX AMENDMENTS TO THE FUTURE LAND USE MAP 1. An amendment on 11.63 acres from County land use designation LR-3 (low density residential, 3 units per acre) to City land use designation Medium Density Residential (5-12 units per acre) in connection with an annexation. The current City advisory designation is Medium Density Residential. See Support Document # 4 (Rockland Subdivision) for a complete description of this item. 2. An amendment on 6.72 acres from Transitional to Commerce to allow a future zoning potential of Light Industrial (LI). See Support Document # 5 (S.W. 10th St. Area) for a complete description of this item. 3. An amendment on 16.15 acres from County land use designation MR-5 (medium density residential, 5 units per acre) to City land use designation Low Density Residential (0-5 units per acre) in connection with an annexation. Current City advisory designation is Low Density Residential. See Support Document # 6 (Lee Property) for a complete discussion of this item. Y: \Doc\Amd94-2 Page MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: A~ENDA ITEM - DATE: DECEMBER 2, 1994 This is second reading and public hearing for Ordinance No. 94-94 which adopts Comprehensive Plan Amendment 94-2. The Plan Amendment makes changes to three Comprehensive Plan elements, including eight policies, one objective, and related background data. There are also three amendments to the Future Land Use Map (FLUM). The major areas addressed by the amendment include: * Post-disaster reconstruction * A text change to redirect the scope of the Silver Terrace Redevelopment Plan * A land use change for the S.W. 10th Street Area from Transitional to Commerce to allow light industrial development (north side of S.W. 10th Street, east of 1-95) * A land use change for Rockland Park Subdivision from County LR-3 (Low Density Residential - 3 units per acre) to City Medium Density Residential (5 to 12 units per acre) * A land use change for the Lee Property from County MR-5 (Medium Density Residential - 5 units per acre) to City Low Density The Planning and Zoning Board formally reviewed this item on November 14, 1994, and voted unanimously to recommend that Comprehensive Plan Amendment 94-2 be adopted. The finalized text of the plan amendment is attached to the ordinance as Exhibit "A". Recommend approval of Ordinance No. 94-94 on second and final reading. ref: agmemo20 f~ ~-O CITY COMMISSION DOCUMENTATION TO: ~id T. ~den, City Manager THRU: tor of Planning and Zoning FROM: John Walker, Project Coordinat SUBJECT: MEETING OF DECEMBER 6, 1994 ~~ ADOPTION OF PLAN AMENDMENT 94-2~ PUBLIC HEARING ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of holding the required public hearing and adopting Plan Amendment 94-2. BACKGROUND: First Reading of the adoption ordinance occurred November 15, 1994. At that time, complete background material and documentation were provided along with an analysis. Attached to this documentation is the adoption ordinance and its exhibit. The exhibit contains only the specific changes to the Comprehensive Plan. Changes are shown through underlining of new material and strike through of material that is deleted. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of November 14, 1994. The Board unanimously recommended that the City Commission accept the Response to ORC Report and adopt Plan Amendment 94-2. RECOMMENDED ACTION: By Motion, after a public hearing, adopt Plan Amendment 94-2. Attachment: * Ordinance 94-94 with exhibit T: \advanced\942ORC5 NOTICE OF PUBLIC HEARING ~QMP~E~EN$IVE PLAN AMENDMENT ~94-2 CITy OF DELRAy BEACH, FLORIDA The City Commission of the City of Delray Beach, Florida, will consider Amendment #94-2 to the City's adopted Comprehensive Plan. Amendment #94-2 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 proposed amendments to the City's Land Development Regulations relative to post-disaster reconstruction (one year period to rebuild to pre-disaster intensity despite current zoning district). * Changes to the Land Use/Zoning Matrix and other text to accommodate the recently enacted OSR (Open Space and Recreation) zoning district. * Amendment to the description of the Silver Terrace Redevelopment Area and related changes to other areas of the Comprehensive Plan. * The proposed amendments may affect the following elements: - Open Space and Recreation - Housing - Coastal Management - Future Land Use The changes to the FUTURE LAND USE MAP (FLUM) involve four parcels/areas of land which will be adopted as a part of Amendment #94-2. Map Insert Legend Insert The City Commission will conduct a Public Hearing on Comprehensive Plan Amendment #94-2 on TUEEDAYm DECEMBER 6. 1994. 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 #94-2. Ail interested citizens are invited to attend the public hearing and comment upon proposed Comprehensive Plan Amendment #94-2 or submit their comments in writing on or before the date of this hearing to the Planning and Zoning Department. Copies of the proposed 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, exoluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: Delray Beach News CITY OF DELRAY BEACH November 30, 1994 Alison MacGregor Harty City Clerk Instructions ~o Newspaper: This notice must be at least a one-quarter (1/4) page ad, with the headline (NOTICE OF PUBLIC HEARING / COMPREHENSIVE PLAN AMENDMENT #94-2 / CITY OF DELRAY BEACH, FLORIDA) to be in a type no smaller than 18 point. The map should not be reduced any more than what is provided. The ad is nQ~ to be placed in that portion of the newspaper where legal notices and classified advertisements appear. Thank you for your assistance. - 2 - ......... ~ O~ (~'~RA¥ BF. AC).I MUNIC~AL, UMIT~ 0 re~ ~ ~ · i~ 0~1 w~ OlD' ~' 0 · ~ 0~ · - ~0 · 0 ~0 ~ ~ 0 C 0 · ~ · ~0 ~. ~ ~ ~ ~ ~0 ~ ~ ~ 0 ~'' 0 ~g~ o~O ~ ~.~. o~ ~00 H~O~ ~ · O= 0 ~ ~0~ ~ O~ 0 ~ ~CITY OF DELRAY BEACH. FLORIDA NOTICE OF PUBLIC HEARING ~will b the_~llowing proposed ordinances at 7:00 P.M.. ' (or at any continuation of such meeting which is set by the Commission), in the City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida, at which time the City Commission will consider their adoption. The proposed ordinances may be inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except holidays. Ail interested parties are invited to attend and be heard with respect to the proposed ordinances. ORDINANCE NO. 61-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PART OF ROCKLAND PARK SUBDIVISION, LOCATED ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY 2,800 FEET NORTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RL (LOW DENSITY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, ~ SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 62-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND KNOWN AS THE LEE PROPERTY, LOCATED WEST OF AND ADJACENT TO KINGSLAND PINES SUBDIVISION ON THE WEST SIDE OF GALLAGHER ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 63-94 AN ORDINANC~ OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, R~ONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE LI (LIGHT INDUSTRIAL) DISTRICT; SAID LAND BEING LOCATED ON THE NORTH SIDE OF S.W. 10TH STREET, BETWEEN S.W. 13TH AVENUE AND S.W. 15TH AVENUE; AND AMENDING "ZONING DISTRICT MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 88-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE FUTURE LAND USE MAP DESIGNATION FROM LOW DENSITY RESIDENTIAL TO TRANSITIONAL, AND CORRECTING THE ZONING CLASSIFICATION FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO RO (RESIDENTIAL OFFICE) DISTRICT, FOR A PARCEL OF LAND LOCATED AT 800 NORTH ANDREWS AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 93-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE FUTURE LAND USE MAP DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL TO TRANSITIONAL, AND CORRECTING THE ZONING CLASSIFICATION FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO RO (RESIDENTIAL OFFICE) DISTRICT, FOR A PARCEL OF LAND LOCATED AT 1201 GEORGE BUSH BOULEVARD, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 94-2 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 94-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NO. 91-94 AN ORDINANC~ OP' THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING CHAPTER 112, "ALARM SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR THE REGULATION OF ALARM SYSTEMS WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. - 2 - ORDINANCE NO. 92-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", TO PROVIDE FOR CORRECTIONS. IN THE CONNECTION FEE WHICH WAS INADVERTENTLY AMENDED BY PASSAGE OF ORDINANCE NO. 22-94; TO PROVIDE FOR REPEAL OF SECTIONS 53.130(B), "CONNECTION CHARGE", AND SECTION 53.130(C), "EXCEPTIONS TO CONNECTION CHARGE"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing, such person will need a record of these proceedings, and for this purpose such person 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 23, 1994 Alison MacGregor Harry City Clerk - 3 - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGE A I M /KD - M TI F DATE: NOVEMBER 11, 1994 This is first reading for Ordinance No. 94-94 which adopts Comprehensive Plan Amendment 94-2. The Plan Amendment makes changes to three Comprehensive Plan elements, including eight policies, one objective, and related background data. There are also three amendments to the Future Land Use Map (FLUM). The major areas addressed by the amendment include: * Post-disaster reconstruction * A text change to redirect the scope of the Silver Terrace Redevelopment Plan * A land use change for the S.W. 10th Street Area from Transitional to Commerce to allow light industrial development (north side of S.W. 10th Street, east of ~-95) * A land use change for Rockland Park Subdivision from County LR-3 (Low Density Residential - 3 units per acre) to City Medium Density Residential (5 to 12 units per acre) * A land use change for the Lee Property from County MR-5 (Medium Density Residential - 5 units per acre) to City Low Density Please refer to the Planning and Zoning Board staff report for details. The Planning and Zoning Board will formally review this item on November 14, 1994. The Board's recommendation will be reported to the City Commission at Tuesday night's meeting. Recommend consideration of Ordinance No. 94-94 on first reading. ref,agmemo20 P0~~ CITY COMMISSION DOCUMENTATION TO: DAVID T. HAR~EN, CITY MANAGER FROM: JOHN WALKER, PROJECT COORDINATO~~ ~~ SUBJECT: MEETING OF NOVEMBER 15, 1994 ~ ADOPTION OF PLAN AMENDMENT 94-2, FIRST READING ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of approval on first reading of an ordinance adopting Plan Amendment 94-2. BACKGROUND: Plan Amendment 94-2 proposes changes to three Comprehensive Plan elements and contains three Future Land Use Map (FLUM) amendments. Attached is the Planning and Zoning Board staff report of November 14th, which provides further information about the Amendment. The City Commission transmitted the proposed Amendment to the Department of Community Affairs (DCA), for mandatory review, by action on August 2, 1994. The review process has been completed and a report of Objections, Recommendations, and Comments (ORC) has been returned to the City. The ORC contains 4 objections, requiring submission of additional data to support the amendments. The major features of the Plan Amendment, and the objections and recommended responses are addressed in the accompanying Planning and Zoning Board staff report (November 14th). PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board will formally review this item at its meeting of November 14, 1994. The Board recommendation will be reported to the Commission at this meeting. City Commission Documentation Adoption of Plan Amendment 94-2, First Reading Page 2 RECOMMENDED ACTION: By motion, approve the adoption ordinance on first reading, with appropriate public hearing scheduled for December 6, 1994. Attachments: * Draft adoption ordinance * P&Z staff report and documentation of November 14, 1994 T: \advanced\942ORC4. DOC PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: NOVEMBER 14, 1994 AGENDA ITEM: II.A. RESPONSE TO ORC, AMENDMENT 94-2 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 Plan Amendment 94-2. The action to be taken is in the form of a recommendation to the City Commission. BACKGROUND: Proposed Plan Amendment 94-2 was heard by the Planning and Zoning Board on July 18, 1994. It was transmitted to Florida Department of Community Affairs (DCA) by action of the City Commission on August 2, 1994. The DCA ORC Report was received on October 24, 1994. The Plan Amendment proposed changes to three Comprehensive Plan elements, including 8 policies, one objective, and related background data. There were also three amendments to the Future Land Use Map (FLUM). Refer to the Table of Contents within the Amendment (attached) for an outline of the items which were considered. The major areas addressed by the Plan Amendment included: * Post disaster reconstruction. * A text change to redirect the scope of the Silver Terrace Redevelopment Plan. * A land use change for the S.W. 10th St. Area from Transitional to Commerce to allow light industrial development. * A land use change for Rockland Subdivision from Residential, 3 units/acre (County), with a City advisory designation of Medium Density Residential, to Medium Density Residential (City) related to an annexation proposal. * A land use change for the Lee Property from Medium Residential, 5 units/acre (County), with a City advisory designation of Low Density Residential, to Low Density Residential (City) related to an annexation proposal. The Board is to review the Response to ORC Report for Plan Amendment 94-2. 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 15th; and, second reading (adoption) on December 6th. P & Z Board Memorandum Staff Report Response to ORC 94-1 Page 1.1 ANALYS I S: The ORC Report contains four multi-part objections. Three relate to the FLUM amendments; one relates to the Si lver Terrace text amendment. All of the objections require submission of additional data to further explain the amendments. The attached Response to ORC is an analysis and recommended disposition for each of the objections. Based on the Response to ORC, no changes are required to the amendments. RECOMMENDED ACTION: By motion, accept the Response to ORC Report and recommend to the City Commission that Plan Amendment 94-2 be adopted. Attachments: * Response to ORC Report Objections * ORC Report Report prepared by John Walkerj~~.~ Reviewed by Diane Dominguez '/~/!l~!~q ~~ T: \advanced\942ORC3. DOC TABLE OF CONTENTS CITY OF DELRAY BEACH COMPREHENSIVE PLAN AMENDMENT 94-2 page OPEN SPACE AND RECREATION ELEMENT 1 Policy B-2.3 Creation of OS and OSR Districts COASTAL MANAGEMENT ELEMENT 2 Post Disaster Redevelopment 3 Policy C-3.4 Reconstruction Limitations 3 Policy C-3.6 Development Concurrency 3 Policy C-3.7 Grace Period After Disaster 4 Policy C-7.1 Shoreline Land Use Priorities 4 Policy D-3.2 Height Limitations 5 Policy D-3.4 Reconstruction Limitations FUTURE LAND USE ELEMENT 6 Policy C-2.7 Silver Terrace Area 8 Objective C-5 Coastal Area/Hurricane Coordination 8 Community Facilities Land Uses 9 Table L-6 Land Use Designation/Zoning Matrix AMENDMENTS TO THE FUTURE LAND USE MAP 12 Rockland Subdivision 12 S.W. 10th St. Area 12 Lee Property SUPPORT DOCUMENTS Appendix 1 Silver Terrace Redevelopment Plan 2 Open Space and Recreation Zoning District 3 Post Disaster Reconstruction 4 Rockland Subdivision Land Use Amendment 5 S.W. 10th St. Area Land Use Amendment 6 Lee Property Land Use Amendment T: \advanced\CONTENT1 PLAN AMENDMENT 94-2 RESPONSE TO OBJECTIONS OF THE ORC REPORT GENERAL: Plan Amendment 94-2 was heard by the Planning and Zoning Board on July 18, 1994. It was transmitted to the Department of Community Affairs (DCA), by action of the City Commission on August 2, 1994. The DCA Objections, Recommendations and Comments Report (ORC) was received on October 24, 1994. Plan Amendment 94-2 proposes changes to three Comprehensive Plan elements, including 8 policies, one objective, and related background data. There are also three amendments to the Future Land Use Map. The ORC report contains four multi-part objections. Three relate to the Future Land Use Map amendments; one relates to the Silver Terrace text amendment. The objections request additional data and analysis, all of which has already been provided either in the staff reports or in- the adopted Comprehensive Plan. It appears that DCA prefers to process data formatted in very specific ways and the reviewers check that information against the adopted Comprehensive Plan. Objection #1 requests public facilities analyses giving specific capacity and demand quantities. The objection also requires a needs analysis for the Rockland amendment, analyzing the suitability of the site to support the proposed density and use. Each of the staff reports specifies the existing water and sewer service available to the site. In addition, each staff report analyses the implications of services provision and concurrency. In the cases of the Rockland and Lee amendments, the existing planning area advisory designations are to be adopted as City land use designations upon annexation. The staff reports state that levels of service, provision of service, and the ability to meet remaining land use needs were already considered when the advisory designations were originally adopted in 1989. Since we are adopting designations that have already been reviewed and approved, there did not appear to be a need to reassess potential impacts. The staff report for Rockland includes a discussion of the suitability of the site to accommodate the proposed use by analyzing surrounding land use designations and uses for consistency and compatibility, and by analyzing proposed traffic generation. In the case of S.W. 10th St. Area, an actual land use designation change is proposed. Therefore, the DCA objection may have some validity. Service demand for water, sewer, drainage, streets and traffic, recreation, and solid waste was assessed in the staff report and found to have no negative impact, h0weger/ specific numbers were not given. Apparently DCA is not satisfied with the City's statements concerning our ability to provide service to the subject sites. Instead, DCA wants the raw numbers and apparently intends to do its own analysis of the suitability of the proposed land use changes. We believe that this in opposition to the stated philosophy of DCA which presumes that local governments are properly evaluating their amendments for consistency with goals and objectives in their Comprehensive Plans. We believe the objection to be without merit and that it constitutes micro-management of local affairs. However, in the interest of time, we will satisfy the objection by the inclusion of Projected Demand Tables for each land use amendment and a needs analysis for Rockland. Although not a part of the objection, DCA recommended that the analysis of the S.W. 10th St. Area amendment provide additional documentation that roadway improvements are scheduled. The Five Year Schedule of Improvements lists the S.W. 10th St. Reconstruction project as part of the Decade of Excellence Bond. In the description of the bond items, the limits of construction are given. Both of these items are found in the comprehensive Plan. In the staff report, the specific link is listed to be under construction in October, 1994. That link is, in fact under construction. It seems our documentation, in the Comprehensive Plan and staff report, is clear enough. Objection #2 requires maps for the Future Land Use Map amendments to show the proposed and existing land use designations for the subject site and adjacent properties and information such as density and intensity of use. Current Future Land Use Maps (FLUM) are sent to DCA with each adopted Plan Amendment. The staff reports discuss in detail existing and proposed land uses for subject properties and all surrounding properties. Based on the information already submitted, it appears this objection has no merit. However, it is possible that the DCA reviewer did not have access to their copies of our FLUM. Therefore, we will satisfy the objection by the inclusion of the FLUM with the subject properties highlighted. Objection #3 requires an analysis and impact assessment of soils, natural resources, and historic resources to determine the suitability of the Rockland and S.W. 10th St. Area amendments. The City's adopted Comprehensive Plan states that there are no wetlands in the planning area (Conservation Element). It states that there are no acquifer recharge areas in the planning area (Public Facilities Element). Floodplains and wellfields are addressed in the Conservation and Public Facilities Elements as well as Future Land Use Elements. Wellfields are also addressed specifically in the staff report for S.W. 10th St. Area, the only amendment involving existing or proposed wellfields. As in the discussion under Objection #1, apparently DCA intends to perform an independent analysis of our amendments. Therefore, we have added resources to the Project Demand Tables to be submitted with our response. It should be noted that portions of the S.W. 10th St.Area amendment are within Wellfield Protections Zones 1, 2, and 3 as defined in the County Wellfield Protection Ordinance. A copy of that ordinance is attached as additional information. Objection #4 requires additional information for the Silver Terrace text amendment. The text change clearly does not represent a completed redevelopment plan, but only redirects the scope of the plan. Therefore, the DCA request to know what non-residential uses will be allowed is premature. At this point, we expect those uses to be similar to those allowed in the Neighborhood Commercial zoning district (small scale retail, services and business offices). In an effort to submit complete information, all work completed to date for the Silver Terrace Redevelopment Area was submitted with the text change. This apparently caused some confusion for DCA since the analysis covered areas beyond the redevelopment area. As stated in the policy, the actual Silver Terrace Redevelopment Area includes only the Silver Terrace Subdivision and the Floranda Mobile Home Park, for a total of 20.71 acres. It does not include the Hurricane Pines Scrub or any other areas supporting endangered plants or animals. Existing policies relative to environmentally sensitive lands are, therefore, sufficient without revision or expansion to specifically address the sites adjacent to the redevelopment area. In summary, the information submitted with the proposed Plan Amendment is sufficient to determine consistency when read in conjunction with the City's adopted Comprehensive Plan. To aid the DCA review, we will submit the information compiled, to the extent possible, in tabular form for the land use amendments. We will also submit additional information for the Silver Terrace text amendment. These additional submittals, along with the above explanations, should allow Plan Amendment 94-2 to be found in compliance. T:\advanced\9420RC2.DOC ROCKLAND PARK FLUM AMENDMENT Delra¥ Beach Advisory Medium Density Residential (5 - 12 d.u./acre) to Delray Beach Medium Density Residential (5 - 12 d.u./acre) City City Impact Ext. Demand Prop. Demand Impact Traffic Circulation 973 ADT 973 ADT 0 ADT Sanitary Sewer 27,255 gpd 27,255 gpd 0 gpd Potable Water 46,215 gpd 46,215 gpd 0 gpd Solid Waste 782 ppd 782 ppd 0 ppd Recreation .710 acres .710 acres 0 ppd Drainage Controlled by Controlled by SFWMD, LWDD SFWMD, LWDD No Change No Impact No Impact Wetlands N/A N/A No Change Wellfields N/A N/A No change Aquifer Recharge Area N/A N/A No Change Flood Plain N/A N/A No Change ROCKLAND PARK ANNEXATION .... Traffic: Parcel Size .................. 11.63 Current City Advisory FLUM...Medium Density Residential (5 - 12 d.u./acre) Proposed City FLUM ........... Medium Density Residential (5 - 12 d.u./acre) Medium Density Residential (5 - 12 d.u./acre) 11.63 Acres * 12 d.u./acre = 139 units 139 * 7 ADT/d.u.~ = 973 ADT Medium Density Residential (5 - 12 d.u./acre) 11.63 Acres * 12 d.u./acre = 139 units 139 * 7 ADT/d.u.~ = 973 ADT Impact: 973 - 973 = 0 ADT ~Traffic Generation Rate for Multiple Family units per Palm Beach County Traffic Performance Standards Ordinance Sanitary Sewer: - Parcel Size .................. 11.63 Current City Advisory FLUM...Medium Density Residential (5 - 12 d.u./acre) Proposed City FLUM ........... Medium Density Residential (5 - 12 d.u./acre) Medium Density Residential (5 - 12 d.u./acre) 11.63 Acres * 12 d.u./acre = 139 units 139 d.u * .77705~ * 2.19 persons/d.u.2 = 237 persons 237 persons * 115 gpd/person3 = 27,255 gpd Medium Density Residential (5 - 12 d.u./acre) 11.63 Acres * 12 d.u./acre = 139 units 139 d.u * .77705~ * 2.19 persons/d.u.= = 237 persons 237 persons * 115 gpd/person3 = 27,255 gpd Impact: 27,255 gpd - 27,255 gpd = 0 gpd ~Average City Vacancy Rate per 1990 Census 2Persons per occupied housing unit average per 1990 Census = total population / estimated occupied housing units ~Level of Service of City of Delray Beach Public Facilities Element of the Comprehensive Plan, 1989 Potable Water: Parcel Size .................. 11.63 Current City Advisory FLUM...Medium Density Residential (5 - 12 d.u./acre) Proposed City FLUM ........... Medium Density Residential (5 - 12 d.u./acre) Medium Density Residential (5 - 12 d.u./acre) 11.63 Acres * 12 d.u./acre = 139 units 139 d.u * .77705~ * 2.19 persons/d.u.2 = 237 persons 237 persons * 195 gpd/person3 = 46,215 gpd Medium Density Residential (5 - 12 d.u./acre) 11.63 Acres * 12 d.u./acre = 139 units 139 d.u * .77705x * 2.19 persons/d.u.~ = 237 persons 237 persons * 195 gpd/person3 = 46,215 gpd Impact: 46,215 gpd - 46,215 gpd = 0 gpd ~Average City Vacancy Rate per 1990 Census =Persons per occupied housing unit average per 1990 Census = total population / estimated occupied housing units ~Level of Service of City of Delra¥ Beach Public Facilities Element of the Comprehensive Plan, 1989 Solid Waste: Parcel Size .................. 11.63 Current City Advisory FLUM...Medium Density Residential (5 - 12 d.u./acre) Proposed City FLUM ........... Medium Density Residential (5 - 12 d.u./acre) Medium Density Residential (5 - 12 d.u./acre) 11.63 Acres * 12 d.u./acre = 139 units 139 * .77705~ * 1.36 tons/d.u./year~ = 142.67 tons/year 142.67 tons/year / 365 days/year = .391 tons/day .391 tons/day * 2000 lbs./ton = 782 lbs./day Medium Density Residential (5 - 12 d.u./acre) 11.63 Acres * 12 d.u./acre = 139 units 139 * .77705~ * 1.36 tons/d.u./year2 = 142.67 tons/year 142.67 tons/year / 365 days/year = .391 tons/day .391 tons/day * 2000 lbs./ton = 782 lbs./day Impact: 782 - 782 = 0 lbs./day ~Average City Vacancy Rate per 1990 Census ~Solid Waste Authority, Technical Memo, August 3, 1993 (waste generation rates in tons/year for land use types - multiple family residential, 1993) ReCrsatioh: Parcel Size .................. 11.63 Current City Advisory FLUM...Medium Density Residential (5 - 12 d.u./acre) Proposed City FLUM ........... Medium Density Residential (5 - 12 d.u./acre) Medium Density Residential (5 - 12 d.u./acre) 11.63 Acres * 12 d.u./acre = 139 units 139 d.u * .77705~ * 2.19 persons/d.u.2 = 236.5 persons 236.5 persons * 3 acres/I,000 persons3 = .71 acres Medium Density Residential (5 - 12 d.u./acre) 11.63 Acres * 12 d.u./acre = 139 units 139 d.u * .77705~ * 2.19 persons/d.u.= = 236.5 persons 236.5 persons * 3 acres/i,000 persons3 = .71 acres Impact: .71 acres - .71 acres = 0 acres ~Occupancy rate according to City of Delray Beach Population Tracking System, 1993 =Persons per household according to City of Delray Beach Population Tracking System, 1993 3Level of Service of City of Delray Beach Recreation and Open Space Element of the Comprehensive Plan, 1989 ORC COMMENT: The City should not adopt the land use changes of amendments V.D. and V.E. prior to formal annexation (by ordinance) of the parcels. If the City wishes to change the land use of these parcels, it should submit a plan amendment after the parcels have been formally annexed into the City. The annexation and land use amendment can occur at the same adoption hearing. If the City chooses to adopt these changes prior to annexation; the City should provide the Department a copy of the joint-planning agreement the City has with Palm Beach County which specifies the Joint Planning Area and the annexation process of County and City land. RESPONSE: The City will not adopt the land use change prior to formal annexation (by ordinance). A voluntary annexation and initial zoning request to RM (Multiple Family Residential - Medium Density) is accompanying the land use amendment. First reading of the annexation and initial zoning request has been heard by the City Commission on August 16, 1994 (Ordinance 61-94). The second and final reading of the annexation and initial zoning will be at the same meeting as the adoption of the land use amendment. The anticipated sequence of events will be the adoption of the annexation, adoption of the land use change and application of the initial zoning designation. LEE PROPERTY FLUM AMENDMENT Delray Beach Advisory LD - Low Density (0-5 d.u./acre) to Delray Beach LD Low Density (0 - 5 d.u./acre) Existing City Proposed City Impact LD (5 u.p.a) LD (5 u.p.a) Impact Traffic Circulation 800 ADT 800 ADT 0 ADT Sanitary Sewer 15,640 gpd 15,640 gpd 0 gpd Potable Water 26,520 gpd 26,520 gpd 0 gpd Solid Waste 685 ppd 685 ppd 0 ppd Recreation .408 acres .408 acres 0 ppd Drainage Controlled by Controlled by SFWMD, LWDD SFWMD, LWDD No Change No Impact No Impact Wetlands N/A N/A No Change Wellfields N/A N/A No change Aquifer Recharge Area N/A N/A No Change Flood Plain N/A N/A No Change TRAFFIC GENERATION Existinq Land Use Desiqnation: Low Density (maximum 5 units per acre) 16.15 acres x 5 = 80 units 80 units x 10 TPD~ = 800 TPD (Trips Per Day) Proposed Land Use Designation: Low Density (maximum 5 units per acre) 16.15 acres x 5 = 80 units 80 units x 10 TPD~ = 800 TPD 1. Accepted single family generation rate per Palm Beach County Traffic Division under TPO (Traffic Performance Ordinance). SANITARY SEWER FLOW Existing Land Use Designation: Low Density (maximum 5 units per acre) 16.15 acres x 5 = 80 units 80 units x .77705%~ = 62 units 62 units x 2.192 = 136 persons 136 persons x 115 gpdc~ = 15,640 gallons per day Proposed Land Use Designation: Low Density (maximum 5 units per acre) 16.15 acres x 5 = 80 units 80 units x .77705%~ = 62 units 62 units x 2.192 = 136 persons 136 persons x 115 gpdc3 = 15,640 gallons per day 1. Average City vacancy rate per 1990 Census. 2. Persons per occupied housing unit average per 1990 Census = total population - estimated occupied housing units. 3. Level of service ascribed to Delray Beach - Public Facilities Element of the Comprehensive Plan. Existinq Land Use Desiqnation: Low Density (maximum 5 units per acre) 16.15 acres x 5 = 80 units 80 units x .77705%x = 62 units 62 units x 2.192 = 136 persons 136 persons x 195 gpdc3 = 26,520 gallons per day Proposed Land Use Desiqnation: Low Density (maximum 5 units per acre) 16.15 acres x 5 = 80 units 80 units x .77705%~ = 62 units 62 units x 2.192 = 136 persons 136 persons x 195 gpdc3 = 26,520 gallons per day 1. Average City vacancy rate per 1990 Census. 2. Persons per occupied housing unit average per 1990 Census = total population - estimated occupied housing units. 3. Level of service established in the Public Facilities Element of the Comprehensive Plan. RECREATION AREA Existinq Land Use Desiqnation: Low Density (maximum 5 units per acre) 16.15 acres x 5 = 80 units 80 units x .77705%x = 62 units 62 units x 2.192 = 136 persons 136 persons/i,000 x 33 acres = .408 acres Proposed Land Use Desiqnation: Low Density (maximum 5 units per acre) 16.15 acres x 5 TM 80 units 80 units x .77705%~ = 62 units 62 units x 2.192 = 136 persons 136 persons/I,000 x 33 acres = .408 acres 1. Average City vacancy rate per 1990 Census. 2. Persons per occupied housing unit average per 1990 Census = total population - estimated occupied housing units. 3. Established level of service in the Open Space & Recreation Element of the Comprehensive Plan. SOLID WASTE Existing Land Use Designation: Low Density (maximum 5 units per acre) 16.15 acres x 5 = 80 units 80 units x .77705%~ = 62 units 62 units x 11.052 lbs per unit per day = 685 lbs per day Proposed Land Use Designation: Low Density (maximum 5 units per acre) 16.15 acres x 5 = 80 units 80 units x .77705%~ = 62 units 62 units x 11.052 lbs per unit per day = 685 lbs per day 1. Average City vacancy rate per 1990 Census. 2. Solid Waste Authority, technical memo of August 3, 1993 (waste generation rate volumes in lbs per units per year) - single family unit 1.99 tons per year or 11.05 lbs per unit per day. ORC COMMENT: The City should not adopt the land use changes of amendments V.D. and V.E. prior to formal annexation (by ordinance) of the parcels. If the City wishes to change the land use of these parcels, it should submit a plan amendment after the parcels have been formally annexed into the City. The annexation and land use amendment can occur at the same adoption hearing. If the City chooses to adopt these changes prior to annexation; the City should provide the Department a copy of the joint-planning agreement the City has with Palm Beach County which specifies the Joint Planning Area and the annexation process of County and City land. RESPONSE: The City will not adopt the land use change prior to formal annexation (by ordinance). A voluntary annexation and initial zoning request to R-lA (single family) is accompanying the land use amendment. First reading of the annexation and initial zoning request has been heard by the City Commission on August 16, 1994 (Ordinance 62-94). The second and final reading of the annexation and initial zoning will occur at the same meeting as the adoption of the land use amendment. The anticipated sequence of events will be the adoption of the annexation, adoption of the land use change and application of the initial zoning designation. P R O-J-'-E-C-T-E--D ~ ~M A N D C O M P A R I S O N S.W. 10TH STREET INDUSTRIAL AREA FLUM AMENDMENT Delray Beach - Transitional to Delray Beach - Commerce Existing City Proposed City Impact Transitional Commerce Impact Traffic Generation 2,484 ADT 1,907 ADT -577 ADT Sanitary Sewer 14,340 gpd 4,320 gpd -10,020 gpd Potable Water 14,340 gpd 4,320 gpd -10,020 gpd Solid Waste 1,522 ppd 1,462 ppd -60 ppd Recreation N/A N/A No Change Drainage Controlled by Controlled by SFWMD, LWDD SFWMD, LWDD No Change No Impact No Impact Wetlands N/A N/A No Change Wellfields~ YES YES No change Aquifer Recharge Area N/A N/A No Change Flood Plain N/A N/A No Change 1. The City of Delray Beach's Wellfields are protected by the Palm Beach County Wellfield Protection Ordinance. TRAFFIC GENERATION S.W. 10TH STREET INDUSTRIAL AREA FLUM AMENDMENT Existinq Land Use Desiqnation: Transitional - The existing Transitional land use designation is also consistent with zoning designations which allow residential development for Single Family, Medium Density Residential (6-12 d.u./ac.), Office and Neighborhood Commercial. The maximum intensity potential would result from 2 acres of Neighborhood Commercial and 4.72 acres of Office development. The following are the projected flows of maximum development potential: Neighborhood Commercial: 43,560 X 2 = 87,120 sq.ft. (site area) 87,120 X 0.25 FAR = 21,780 sq.ft. (buildable floor area) LN(T)~ = 0.625 LN(X) + 5.985 T = Total Daily Trips X = Area in 1,000 Gross Sq. Ft. LN(T) = .625 LN(21.78) + 5.985 T = 2,726 trips - 1,216 (44.61% passer by rate2) T = 1,510 net trips per day 1. General Commercial Rates, ITE (Institute of Transportation Engineers) Trips Generation Manual 5th Edition 2. Passerby Rate, Contained in Palm Beach County Traffic Performance Standards. 3. Office Rate, ITE Trip Generation Manual 5th Edition. 4. General Light Industrial Rates, ITE Trip Generation Manual 5th Edition. Office Development: 43,560 X 4.72 = 205,603 sq.ft. (site area) .......... 205,603 X .30 FAR = 61,681 sq. ft. (buildable floor area) LN(T)~ = 0.756 LN(X) + 3.765 T = Total Daily Trips X = Area in 1,000 Gross Sq. Ft. LN(T) = .756 LN(61.68) + 3.765 T = 974 net trips per day Total Trips Generated: 1,510 (Commercial) + 974 (Office) = 2,484 Total Trips Generated Proposed Land Use Desiqnation: Commerce - The proposed Commerce land use designation is consistent with zoning designations which allow a mix of 25% Commercial and 75% Industrial, which would be the maximum intensity potential. The following are the trip generation rates based upon the maximum development intensity: 25% Commercial: 43,560 X 6.72 acres = 292,723 sq.ft. (site area) 292,723 X .30 FAR = 87,817 buildable sq.ft. 87,817 X .25 (25% of floor area) = 21,954 sq.ft. LN(T)~ = 0.625 LN(X) + 5.985 T = Total Daily Trips X = Area in 1,000 Gross Sq. Ft. LN(T) = .625 LN(21.95) + 5.985 T = 2,739 trips - !,222 (44.61% passer by rate2) T = 1,517 net trips per day 1. General Commercial Rates, ITE (Institute of Transportation Engineers) Trips Generation Manual 5th Edition 2. Passerby Rate, Contained in Palm Beach County Traffic Performance Standards. 3. Office Rate, ITE Trip Generation Manual 5th Edition. 4. General Light Industrial Rates, ITE Trip Generation Manual 5th Edition. 75% Industrial: 43,560 X 6.72 acres = 292,723 sq.ft. (site area) 292,723 X .30 (FAR) = 87,817 sq.ft. (buildable floor area) 87,817 X .75 (75% of floor area) = 65,863 sq.ft. T = 7.468(x) - 101.921 T = Total Daily Trips x = Area in 1,000 Gross Sq.Ft. 4 T = 7.468(65.86) - 101.921 T = 390 trips per day Total Trip~ Generated: 1,517 (25% Commercial) + 390 (75% Industrial) = 1,907 TPD 1. General Commercial Rates, ITE (Institute of Transportation Engineers) Trips Generation Manual 5th Edition 2. Passerby Rate, Contained in Palm Beach County Traffic Performance Standards. 3. Office Rate, ITE Trip Generation Manual 5th Edition. 4. General Light Industrial Rates, ITE Trip Generation Manual 5th Edition. SANITARY SEWER FLOW S.W. 10TH STREET INDUSTRIAL AREA FLUM AMENDMENT Existing Land Use Desiqnation: Transitional - The existing Transitional land use designation is also consistent with zoning designations which allow residential development for Single Family, Medium Density Residential (6-12 d.u./aCo), Office and Neighborhood Commercial. The maximum intensity potential would result from 2 acres of Neighborhood Commercial and 4.72 acres of Office development. The following are the projected flows of maximum development potential: Neighborhood Commercial: 43,560 X 2 = 87,120 sq.ft, total land area 87,120 X 0.25 FAR = 21,780 sq.ft, bu.ildable floor area 21,780/10,890~ X 1,000 = 2,000 gallons per day Office Development: 43,560 X 4.72 = 205,603 sq.ft, total land area 205,603 X .30 FAR = 61,681 sq.ft, buildable floor area 61,681/100 = 617 employees~ 617 employees X 20 gallons per person per day = 12,340 gallons per day Total Usaqe: 2,000 (Commercial) + 12,340 (Office) = 14,340 gallons per day Proposed Land Use Desiqnatlon: Commerce - The proposed Commerce land use designation is consistent with zoning designations which allow a mix of 25% Commercial and 75% Industrial, which would be the maximum intensity potential. The following are the projected flows based upon the maximum development intensity: 1. Hazen & Sawyer, Professional Consultants, Wastewater Flow Projection School Site "S" Area, Technical Memo of November 3, 1993. * Commercial - 1,000 gallons per week or 1,000 gallons per 10,820 sq. ft. buildable area (43,560/.25 FAR = 10,890) * Office - 20 gallons per person per day (1 person per 100 sq.ft, of office). 2. Hazen & Sawyer, Professional Consultants, Wastewater Flow Projection School Site "S" Area, Technical Memo of November 3, 1993. Utilized commercial rates at 1,000 gallons per acre or 1,O00 gallons per 13,068 sq. ft. buildable area (43,560/0.30 FAR = 13,068). 3. Employees per 1,000 sq.ft, of Gross Floor Area (1 per 500 sq. ft.), General Light Industrial Rate, ITE Trip Generation Manual 5th Edition. 25% Commercial: 43,560 X 6.72 = 292,723.2 sq.ft. (total land area) 292,723 X .30 FAR = 87,817 buildable sq.ft. 87,817 sq.ft. X .25 (25% of floor area) = 21,954 sq.ft. 21,954/13,068~ X 1,000 = 1,680 gallons per day 75% Industrial: 43,560 X 6.72 = 292,723.2 sq.ft. (total land area) 292,723 X .30 FAR = 87,817 sq.ft. 87,817 X .75 (75% of floor area) = 65,862 65,862/5005 = 132 employees 132 employees X 20 gallons per person per day = 2,640 gallons per day Total Usaqe: 1,680 (Commercial) + 2,640 (Industrial) = 4,320 gallons per day 1. Hazen & Sawyer, Professional Consultants, Wastewater Flow Projection School Site "S" Area, Technical Memo of November 3, 1993. * Commercial - 1,000 gallons per week or 1,000 gallons per 10,820 sq.ft. buildable area (43,560/.25 FAR = 10,890) * Office - 20 gallons per person per day (1 person per 100 sq. ft. of office). 2. Hazen & Sawyer, Professional Consultants, Wastewater Flow Projection School Site "S" Area, Technical Memo of November 3, 1993. Utilized commercial rates at 1,000 gallons per acre or 1,000 gallons per 13,068 sq. ft. buildable area (43,560/0.30 FAR = 13,068). 3. Employees per 1,000 sq.ft, of Gross Floor Area (1 per 500 sq. ft.), General Light Industrial Rate, ITE Trip Generation Manual 5th Edition. WATER ( POTABLE ) ~ S.W, 10TH STREET INDUSTRIAL AREA FLUM AMENDMENT Existinq Land Use Desiqnation: Transitional - The existing Transitional land use designation is also consistent with zoning designations which allow residential development for Single Family, Medium Density Residential (6-12 d.u./ac.), Office and Neighborhood Commercial. The maximum intensity potential would result from 2 acres of Neighborhood Commercial and 4.72 acres of Office development. The following are the projected flows of maximum development potential: Neighborhood Commercial: 43,560 X 2 = 87,120 sq.ft, total land area 87,120 X 0.25 FAR = 21,780 sq.ft, buildable floor area 21,780/10,890~ X 1,000 = 2,000 gallons per day Office Development: 43,560 X 4.72 = 205,603 sq.ft, total land area 205,603 X .30 FAR = 61,681 sq.ft, buildable floor area 61,681/100~ = 617 employees 617 employees X 20 gallons per person per day = 12,340 gallons per day Total Usage: 2,000 (Commercial) + 12,340 (Office) = 14,340 gallons per day 1. Hazen & Sawyer, Professional Consultants, Potable Water Flow Projection School Site "S" Area, Technical Memo of November 3, 1993. * Commercial - 1,000 gallons per week or 1,000 gallons per 10,820 sq. ft. buildable area (43,560/.25 FAiR = 10,890) * Office - 20 gallons per person per day (1 person per 100 sq.ft, of office). 2. Hazen & Sawyer, Professional Consultants, Potable Water Flow Projection School Site "S" Area, Technical Memo of November 3, 1993. Utilized commercial rates at 1,000 gallons per acre or 1,000 gallons per 13,068 sq. ft. buildable area (43,560/0.30 FAR = 13,068). 3. Employees per 1,000 sq.ft, of Gross Floor Area (1 per 500 sq.ft.), General Light Industrial Rate, ITE Trip Generation Manual 5th Edition. Proposed Land Use Desiqnation: Commerce - The proposed Commerce land use designation is consistent with zoning designations which allow a mix of 25% Commercial and 75% Industrial, which would be the maximum intensity potential. The following are the projected flows based upon the maximum development intensity: 25% Commercial: 43,560 X 6.72 = 292,723.2 sq.ft. (total land area) 292,723 X .30 FAR = 87,817 buildable sq.ft. 87,817 X .25 (25% of floor area) = 21,954 21,954/13,0682 X 1,000 = 1,680 gallons per day 75% Industrial: 43,560 X 6.72 = 292,723.2 sq.ft. (total land area) 292,723 X .30 FAR = 87,817 sq.ft. 87,817 X .75 (75% of floor area) TM 65,862 sq.ft. 65,862/500a = 132 employees 132 employees X 20 gallons per person per day = 2,640 gallons per day Total Usaqe: 1,680 (Commercial) + 2,640 (Industrial) = 4,320 gallons per day 1. Hazen & Sawyer, Professional Consultants, Potable Water Flow Projection School Site "S" Area, Technical Memo of November 3, 1993. * Commercial - 1,000 gallons per week or 1,000 gallons per 10,820 sq. ft. buildable area (43,560/.25 FAR = 10,890) * Office - 20 gallons per person per day (1 person per 100 sq. ft. of office). 2. Hazen & Sawyer, Professional Consultants, Potable Water Flow Projection School Site "S" Area, Technical Memo of November 3, 1993. Utilized commercial rates at 1,000 gallons per acre or 1,000 gallons per 13,068 sq. ft. buildable area (43,560/0.30 FAR = 13,068). 3. Employees per 1,000 sq.ft, of Gross Floor Area (1 per 500 sq. ft.), General Light Industrial Rate, ITE Trip Generation Manual 5th Edition. SOLID WASTE S.W. 10TH STREET INDUSTRIAL AREA FLUM AMENDMENT Existing Land Use Designation: Transitional - The existing Transitional land use designation is also consistent with zoning designations which allow residential development for Single Family, Medium Density Residential (6-12 d.u./ac.), Office and Neighborhood Commercial. The maximum intensity potential would result from 2 acres of Neighborhood Commercial and 4.72 acres of Office development. The following are the projected generation rates of the maximum development potential: Neighborhood Commercial: 43,560 X 2 = 87,120 sq.ft, total land area 87,120 X 0.25 FAR = 21,780 sq.ft, buildable floor area 21,780 X 10.2~ = 222,156 lbs. per year/365 = 609 lbs. per day Office Development: 43,560 X 4.72 = 205,603 sq.ft, total land area 205,603 X .30 FAR = 61,681 sq.ft, buildable floor area 61,681X 5.42 lbs. = 333,077 lbs. per year/365 = 913 lbs. per day Total Volume: 609 (Commercial) + 913 (Office) = 1,522 lbs. per day 1. Solid Waste Authority, Technical Memo of August 3, 1993, (Waste Generation Rate Volumes in lbs. per sq.ft, per year). Proposed Land Use Designation: Commerce - The proposed Commerce land use designation is consistent with zoning designations which allow a mix of 25% Commercial and 75% Industrial, which would be the maximum intensity potential. The following are the projected flows based upon the maximum development intensity: 25% Commercial: 43,560 X 6.72 = 292,723.2 sq.ft. (total land area) 292,723 X .30 FAR = 87,817 buildable sq.ft. 87,817 X .25 (25% of floor area) = 21,954 21,954 X 10.2~ = 223,931 lbs. per year/365 = 614 lbs. Per day 75% Industrial: 43,560 X 6.72 = 292,723.2 sqoft. (total land area) 292,723 X .30 FAR = 87,817 buildable sq.ft. 87,817 X .75 (75% floor area) = 65,862 65,862 X 4.7 lbs./sq.ft./yr.~ = 309,551 lbs. per year / 365 = 848 lbs. per day. Total Usage: 614 (Commercial) + 848 (Industrial) = 1,462 lbs. per day 1. Solid Waste Authority, Technical Memo of August 3, 1993, (Waste Generation Rate Volumes in lbs. per sq.ft, per year). RECREATION AREA S.W. 10TH STREET INDUSTRIAL AREA FLUM AMENDMENT Existing Land Use Designation: Transitional - The existing Transitional land use designation is also consistent with zoning designations which allow residential development for Single Family, Medium Density Residential (6-12 d.u./ac.), Office and Neighborhood Commercial. The maximum intensity potential would result from 2 acres of Neighborhood Commercial and 4.72 acres of Office development. Recreation dedication requirements do not apply to commercial and office developments. Neighborhood Commercial: 2 acres = N/A Office Development: 4.72 acres = N/A Proposed Land Use Designation: Commerce - Recreation dedication requirements do not apply to industrial developments as they do not have an impact on parks and recreation facilities and will not affect the City's ability to provide this service. Total Land Area = 6.72 acres 25% Commercial = N/A 75% Industrial = N/A MEMORANDUM TO: John Walker, Project Coordinator FROM: Janet Meeks, Senior Planner DATE: October 31, 1994 SUBJECT: PLAN AMENDMENT 94-2 RESPONSE TO ORC REGARDING SILVER TERRACE REDEVELOPMENT AREA 1. Specify the maximum total land area the redevelopment plan will address. Redevelopment Area #4 contains approximately 20.71 acres (Silver Terrace Subdivision = 13.3 Acres, Floranda Mobile Home Park TM 7.41 Acres). 2. Discuss the non-residential uses to be allowed. The commercial uses to be allowed with the redevelopment of Silver Terrace are similar to those uses found in the NC (Neighborhood Commercial) zone district. The commercial uses involve limited retail and service uses as listed below: * Retail sales such as: convenience foods; household supplies; garden and lawn supplies; drugs and medicine; small appliance sales and repairs; baked goods; delicatessen goods. * Provision of services such as: barber and beauty shops; dry cleaning; banks (excluding drive-through); laundromats; sit down restaurants including takeout and ice cream parlors (excluding drive-through); equipment rentals; newsstands. * Business and Professional Offices which provide direct services to customers such as: travel agencies; outpatient medical offices; real estate; finance and accounting; community service (outreach) offices. 3. Discuss the relationship of the Hurricane Pines to the redevelopment area. Also cite the existing policies and how they are affected by the redevelopment plan. Redevelopment Area #4 as designated on the Future Land Use Map includes the Silver Terrace Subdivision and Floranda Mobile Home Park. The Hurricane Pine Scrub is located north of the mobile home park and is outside the redevelopment boundaries. COMPREHENSIVE PLAN POLICIES - CONSERVATION ELEMENT: Under the Inventory and Analysis section of the Conservation Element, the Hurricane Pine Scrub is noted as "being in private ownership and is subject to development. Portions of the sites can be preserved through acquisition (including the County Environmentally Sensitive Lands Acquisition Program), extraction (public site dedication provisions of the subdivision regulations), or through sensitive development under "planned development" concepts. Objective B-l: The City shall undertake efforts, through the following policies, to protect the following natural reservations and environmentally sensitive areas: * Hurricane Pines scrub community along SW 10th Street Policy B-i.1 The environmentally sensitive area identified in Objective B-1 have been identified on the Future Land Use Map by an "Open Space - Conservation" symbol. Policy B-1.2 ...Hurricane Pines along S.W. 10th Street should be preserved in part through sensitive site planning. The Hurricane Pine scrub will not be directly affected by the redevelopment plan as it is outside the redevelopment boundaries. However, the redevelopment plan should take into consideration its close proximity and be complimentary to the environmentally sensitive area. DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS~ RECOblMENDATIONS AND COMMENTS FOR THE CITY OF DELRAY BEACH Amendment 94-2 October20, 1994 Division of Resource Planning and Management Bureau of Local Planning This report is prepared pursuant to Rule 9J-fl.010 INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the city of Delray Beach proposed amendment to their comprehensive plan pursuant to s.163.3184, F.S. Objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida Administrative Code, and Chapter 163, Part II, F.S. Each objection includes a recommend- ation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one of the other external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. Each of these objections must be addressed by the local government and corrected when the amendment is resubmitted for our compliance review. Objections which are not addressed may result in a determination that the amendment is not in compli- ance. The Department may have raised an objection regarding missing data and analysis items which the local government considers not applicable to its amendment. If that is the case, a statement justifying its non-applicability pursuant to Rule 9J- 5.002(2), F.AoC., must be submitted. The Department will make a determination on the non-applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments which follow the objections and recommendations section are advisory in nature. Comments will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections" heading in this report. Objections, Recommendations, and Comments Report City-of Delray Beach Proposed Amendment 94-2 I. FLUM Amendments V.C., V.D., and V.E. (The following FLUM amendments represent the City's agenda items.) objection 1. These proposed land use amendments are not supported by adequate data and analysis. A public facilities analysis for sanitary sewer, potable' water, solid waste, traffic circulation, and stormwater/drainage including existing capacity, impacts upon the adopted levels of service, and the demand generated by the proposed land uses is not provided. A description of the demand on all public facilities has not been included. Additionally, the city has not provided a needs analysis for amendment V.Dz consisting of, the increase in density for the amendment sites, including site suitability analysis for the proposed use. Rules 9J-5.005(2) (a), (5) (b); 9J-5.006(1) (a), (b) l., 3., 4., 5., (1) (c), and (f)l.; 9J-5.006(2) (a), (b), (c) l., 2., and (e); 9J-5.006(3)(b)l., 4., (c) l., 2., 4., 6., and 7.; 9J-5.06(4) (a), (b)l., 3., 4., and 5.; 9J-5.007(2) (a) and (b); 9J-5. 011(1) (a) - (f); 9J-5.011(2)(b)5., (c)5.a.; 9J-5.016(1) (a), (2) (a), (4) (a) l.; 9J-11.006(1) (b)4; and 9J-11.006(3) . F.A.C. Recommendation The City should revise the data and analysis to include a public facilities analysis for sanitary sewer, potable water, solid waste, traffic circulation, and stormwater/drainage indicating the existing capacities, levels of service, and demand generated by the proposed land use changes. The data should demonstrate how demand for public facilities affect existing public facility capacities and levels of service. The analysis should also include a needs analysis to support the increase in density for amendment site V.D. and site suitability for the proposed use. Additionally, amendment V.C. indicates that roadway improvements are needed for S.W. 10th Street, therefore the analysis should also include an assessment of the roadway condition; the availability of roadway capacity; the average daily trips generated by the proposed land use, its affect on the surrounding roadway network, and adopted levels of service. The City should also provide documentation to demonstrate that the roadway is listed in the schedule of capital improvements within the Capital Improvements Element. objection 2. The maps included for amendments V.C., V.D., and V.E. do not depict the present land use designations of the subject properties and abutting properties, including land use intensities and densities, legends, map scale, and date of preparation or adoption. Rules 9J-5.005(1) (d) 6., and (e); 9J-5.006(1) (a) , (b) l., 3., 4., 5.; 9J-5. 006 (2) (a) , and (c) l.; 9J-5.006(4)(a), (b)l., 3., 4., and 5.; 9J-11.006(1)(b)l., 2., 4.; and 9J-11.006(3), F.A.C. Recommendation Revise the maps to depict the present and future land use designations of the subject properties and adjacent properties. The maps should have legends, scales, and adoption dates. The data and analysis, with supporting maps should indicate land use intensities and densities for all land use designations pertaining to the amendment sites and adjacent land uses consistent with the comprehensive plan. Objection 3. An analysis of soils, natural resources, and historic resources has not been provided to determine whether the sites of amendment V.C. and V.D. are suitable to support the land use change. Additionally an impact assessment of the land use changes upon those resources is not provided. Rules 9J-5.005(2) (a), (5) (b); 9J-5.006(1)(b)l., 3., 4., 5.; 9J-5.006(2) (b)l., 2., 4., 5., (c)l., 2., and (e); 9J-5.006(4)(b)l., .3., 4., and 5.; 9J-5.011(2) (b) 5.; 9J-11.006(1) (b)4; and 9J-11.006(3), F.A.C. Recommendation The City should provide an analysis of soils, natural resources, and historic resources, to include wetlands, wellfield, and floodplains. The suitability analysis should demonstrate whether the site is suitable for the land uses proposed. comments The City should not adopt the land use changes of amendments V.D. and V.E. prior to formal annexation (by ordinance) of the parcels. If the City wishes to change the land use of these parcels, it should submit a plan amendment after the parcels have been formally annexed into the City. The annexation and the land use amendment can occur at the same adoption hearing. If the City chooses to adopt these land use changes prior to annexation; the City should provide the Department a copy of the joint-planning agreement the City has with Palm Beach County which specifies the Joint Planning Area and the annexation process of County and City land. Land uses can be adopted prior to annexation as long as it is clearly stated that these uses are only advisory in nature. Subsequent annexation of these land uses will require that a plan amendment be submitted to reflect the City's annexation. II. Future Land Use Element Text Revision Comment The city should specify in the plan what is the maximum total land area for the Silver Terrace Area and what non-residential uses will be allowed. Additionally, the City should establish policies within the Silver Terrace Redevelopment Plan for the protection of Hurricane Pine Scrub and other endangered plants and animals. The protection policies of the redevelopment plan should be established pursuant to those objectives and policies outlined in the Delray Beach Comprehensive Plan, Conservation Element. Consistency with the State Comprehensive Plan (SCP) The proposed FLUM amendments are inconsistent with the following goals and policies of the State Comprehensive Plan. Goal (8), Water Resources: Policy 10. Goal (18), Public Facilities: Policy 1. Consistency with the Comprehensive Regional Policy Plan (CRPP) The proposed FLUM amendments are inconsistent with the following goals and policies of the Treasure Coast Regional Policy Plan. Goal (8), Water Resources: Regional Goal 8.2.1: Policies 8.2.1.3., 8.2.1.4., and 8.2.1.6. Goal (17), Public Facilities: Regional Goal 17.1.1: Policies 17.1.1.1., and 7.1.1.6. CITY OF DELRAY BEACH FLORIDA NI-AmericaCity 1993 ~ PROP COMPREHENSIVE PLAN ~ AMENBMENT94-2 TABLE OF CONTENTS CITY OF DELRAY BEACH COMPREHENSIVE PLAN AMENDMENT 94-2 Page OPEN SPACE AND RECREATION ELEMENT i Policy B-2.3 Creation of OS and OSR Districts COASTAL MANAGEMENT ELEMENT 2 Post Disaster Redevelopment 3 Policy C-3.4 Reconstruction Limitations 3 Policy C-3.6 Development Concurrency 3 Policy C-3.7 Grace Period After Disaster 4 Policy C-7.1 Shoreline Land Use Priorities 4 Policy D-3.2 Height Limitations 5 Policy D-3.4 Reconstruction Limitations FUTURE LAND USE ELEMENT 6 Policy C-2.7 Silver Terrace Area 8 Objective C-5 Coastal Area/Hurricane Coordination 8 Community Facilities Land Uses 9 Table L-6 Land Use Designation/Zoning Matrix AMENDMENTS TO THE FUTURE LAND USE MAP 12 Rockland Subdivision 12 S.W. 10th St. Area 12 Lee Property SUPPORT DOCUMENTS ADDendix 1 Silver Terrace Redevelopment Plan 2 Open Space and Recreation Zoning District 3 Post Disaster Reconstruction 4 Rockland Subdivision Land Use Amendment 5 S.W. 10th St. Area Land Use Amendment 6 Lee Property Land Use Amendment T: \advanced\CONTENT1 PROPOSED COMPREHENSIVE PLAN AMENDMENT 94-2 OPEN SPACE AND RECREATION ELEMENT 1. Location: Pg. III-D-20, Policy B-2.3 Policy B-2.3 The Open Space (OS) Zone District of the Land Development Regulations shall be applied to "Open Space" and "Conservation" parcels. Recreational facilities shall be accommodated under the Community Facilities (CF) Zone District. The OS Zone shall provide for distinct standards applicable to open space lands and to conservation lands. (cl) [LDR's Section 4.4.22]. Change: REVISION Policy B-2.3 The Open Space (OS) and Open Space and Recreation (OSR) Zone District~ of the Land Development Regulations shall be applied to "Recreation", "Open Space" and "Conservation" parcels. Zone shall provide for distinct standards applicable to open space lands and to conservation lands. (cl) [LDR's Section 4.4.22]. Comment: See Support Document # 2 (Open Space and Recreation Zoning District) for a complete discussion of this issue. COASTAL MANAGEMENT ELEMENT 1. Location: Pg. III-F-ii, last diamond · Post disaster redevelopment is to replicate existing land uses (low intensity residential, public access to beach) with the exception that high-rise housing structures and resorts which are currently nonconforming would not be able to reestablish themselves. In that post-disaster redevelopment will be less intense than existing development, services and facilities are adequate to accommodate the existing population. Also, since the high vulnerability area is already in beach use and 75% publicly owned, it is anticipated that there will be little opportunity for public acquisition or other corrective measures to be implemented for mitigation and reduction of hazards in future episodes. There are no instances of repeated damages in coastal storms. Change: REVISION · Post disaster redevelopment is to replicate existing land uses (low intensity residential, public access to beach) with the exception that high-rise housing structures and resorts which are currently nonconforming would not be able to reestablish themselves. An exception to this restriction exists for one year following destruction of a residentialt hotelt motel~ or resort dwelling unit structure through disaster. Structures may be rebuilt to pre-disaster densities and heights if an application for a permit is submitted within one year of the disaster. ~ Z~ ~~Z~ ~d~m~Z ~ervices and facilities are adequate to accommodate the existing population. Also, since the high vulnerability area is already in beach use and 75% publicly owned, it is anticipated that there will be little opportunity for public acquisition or other corrective measures to be implemented for mitigation and reduction of hazards in future episodes. There are no instances of repeated damages in coastal storms. Comment: See Support Document # 3 (Post-disaster Reconstruc- tion) for a complete discussion of this item. Page 2 2. Location: Pg. III-F-24, Policy C-3.4 Policy C-3.4: Whenever a structure is damaged to an extent of greater than 50% of its value, it shall not be reconstructed unless such reconstruction complies with the requirements of the zoning district which applied to the property and with the policies of the Coastal Management Element of the Comprehensive Plan. (c6) Change: REVISION Policy C-3.4: Whenever a structure is damaged to an extent of greater than 50% of its value, it shall not be reconstructed unless such reconstruction complies with the requirements of the zoning district which applied to the property and with the policies of the Coastal Management Element of the Comprehensive Plank except as provided in Policy C-3.7. (c6) Comment: See Support Document # 3 (Post-disaster Reconstruc- tion) for a complete discussion of this item. 3. Location: Pg. III-F-25, Policy C-3.6 Policy C-3.6: Development in the Coastal Zone shall be subject to the same findings of concurrency as is required for other development in the City and shall additionally include a finding that such development is consistent with the densities proposed by the Future Land Use Element and is consistent with coastal resource protection and safe evacuation programs. (c12) Change: REVISION Policy C-3.6: Development in the Coastal Zone shall be subject to the same findings of concurrency as is required for other development in the City and shall additionally include a finding that such development is consistent with the densities proposed by thee Future Land Use Element~ except as provided in Policy C-3.7f and is consistent with coastal resource protection and safe evacuation programs. (c12) Comment: See Support Document # 3 (Post-disaster Reconstruc- tion) for a complete discussion of this item. 4. Location: Pg. III-F-25, Policy C-3.7 (NEW) Change: ADDITION Page 3 _ Policy C-3.7: Whenever a residential~ hotel~ motel~ or resort dwelling unit structure is destroyed to an extent oz greater than 50% of its value by disaster~ the structure may be rebuilt to pre-disaster densities and heights if permit applications are submitted within one year following the disaster. Current fire and building codes shall be met~ current parking and landscape requirements shall be complied with as closely as possible. For purposes of this policy, disaster means any non-self imposed catastrophic damage including~ but not limited tot fire~ flood and storm. Comment: See Support Document # 3 (Post-disaster Reconstruc- tion) for a complete discussion of this item. 5. Location: Pg. III-F-27, Policy C-7.1 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 conservation. There shall be no commercial development nor water-dependent development (except the beach) or water-related uses along the shoreline which abuts the beach. Residential development shall not exceed a height greater than 48' 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)] 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 conservation. There shall be no commercial development nor water-dependent development (except the beach) or water-related uses 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)] Comment: See Support Document # 3 (Post-disaster Reconstruc- tion) for a complete discussion of this item. 6. Location: Pg. III-F-29, Policy D-3o2 Policy D-3.2: The long range redevelopment portion shall provide for land use and character of development which presently exists except that the height of reconstructed buildings shall be limited to the then current height regulations of the City. Page 4 Change: REVISION Policy D-3.2: The long range redevelopment portion shall provide for land use and character of development which presently exists except that the height of reconstructed buildings shall be limited to the then current height regulations of the City~ except as provided in Policy C-3.7. Comment: See Support Document # 3 (Post-disaster Reconstruc tion) for a complete discussion of this item. 7. Location: Pg. III-F-29, Policy D-3.4 Policy D-3.4: Whenever a structure is damaged to an extent of greater than 50% of its value, it shall not -- be reconstructed unless such reconstruction complies with the requirements of the zoning district which applied to the property and with the policies of the .... Coastal Management Element of the Comprehensive Plan. (c6) Change: REVISION Policy D-3.4: Whenever a structure is damaged to an extent of greater than 50% of its value, it shall not -- be reconstructed unless such reconstruction complies with the requirements of the zoning district which applied to the property~ except as provided in Policy -- C-3.7~ and with the policies of the Coastal Management Element of the Comprehensive Plan. (c6) Comment: See Support Document # 3 (Post-disaster Reconstruc- tion) for a complete discussion of this item. Page FUTURE LAND USE ELEMENT 1. Location: Pg. III-G-30, Policy C-2.7 Policy C-2.7 The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which is zoned RM and contains some mixed use but is primarily single family. It also involves the adjacent land use of the Floranda Mobile Home Park which is a well maintained land use but which may, in the future, be inappropriate for its location along Federal Highway adjacent to a regional shopping mall. Redevelopment of this area should complement the natural scrub habitat to its north which should be preserved to the greatest extent possible. While most any commercial use is allowable, the future use of the property is most appropriate for a "destination" use i.e. a use to which a person will travel. These uses include highly specialized commercial activities and recreation. Medium to High Density residential use is also appropriate for this site. The incentives provided under the Large Scale Mixed Use designation could be applied to this redevelopment area. The provision of new water and sewer mains to this area should await completion of its redevelopment plan. This redevelopment plan shall be prepared in FY 92/93 and shall be adopted as a local plan amendment. Change: REVISION Policy C-2.7 The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which is zoned RM and contains some mixed use but is primarily single family. It also involves the adjacent land use of the Floranda Mobile Home Park which is a well maintained land use but which may, in the future, be inappropriate for its location along Federal Highway adjacent to a regional shopping mall. Redevelopment of this area should complement the natural scrub habitat to the north which should be preserved to the greatest extent possible. Data and analysis pertaininq to a redevelopment plan for this area have been completed. While not _ conclusive, the results indicate that the most appropriate course of action ~for this area is to provide for a "pocket CRA" or its annexation into the CRA boundaries, and completion of a redevelopment plan which provides for the following: ~ Aggregation of the properties to allow for a unified development that is a minimum of 10 acres in size. While the most desirable plan would include both the Silver Terrace subdivision and __ the mobile home park, it is understood that the cost of relocating mobile home residents may make its inclusion infeasible. * A mix of residential and nonresidential uses~ provided however, that the nonresidential uses are of a type and scale that will primarily serve -- residents of the redevelopment area~ and that such uses do not comprise more than 15% of the total land area. ~ Residential densities of up to 25 dwelling units per acre~ subject to the provision of adequate open space~ common areas and recreational -- amenities~ and the appropriate spacing and massing of structures. ~ The lead agency for completion and implementation of the plan rests with the City. Upon completion of the redevelopment plan, rezoning of the property to SAD (Special Activities District). In order to ensure the financial feasibility of the redevelopment plan, the City may contribute funding to the extent permitted by law~ and in a manner that is consistent with the goals, objectivest and policies of the Comprehensive Plan. This redevelopment plan shall be completed in FY 94/95. Page 7 -- Comment: See Support Document # 1 (Silver Terrace Redevelopment Plan) for a complete discussion of this item. 2. Location: Pg. III-G-34, Objective C-5 Objective C-5: The relationship between coastal area population and measures for evacuation in the event of a hurricane shall be enhanced through the requirement that redevelopment of existing properties in the coastal zone shall be consistent with the Future Land Use Map as opposed to reconstruction to current intensities. (b5) Change: REVISION Objective C-5: The relationship between coastal area population and measures for evacuation in the event of a hurricane shall be enhanced through the requirement that redevelopment of existing properties in the coastal zone shall be consistent with the Future Land Use Map as opposed to reconstruction to current intensities~ except as provided in Coastal Manaqement Policy C-3.7. (b5) Comment: See Support Document #3 (Post -Disaster Reconstruction) for a complete discussion of this item. 3. Location: Pg. III-G-41, second item COMMUNITY FACILITY LAND USES: This designation is applied to current and future school sites; to current and future sites for public buildings; and to current and future sites for public facilities e.g the wastewater treatment plant and well field protection zone #1. It is also applied to single function (purpose) buildings which have been constructed for community related purposes (e.g. churches) and which are not commercial in nature. However, not all community facilities are required to be shown under this designation. Small sites are not shown nor are the locations of governmental services (e.g.H.R.S.) which lease common office space, nor are church congregations which do not have a single purpose building that is not likely to be replaced in the long term. Change: REVISION Page 8 coMMUNITY FACILITY LAND USES: This designation is applied to current and future school sites; to current and future sites for public buildings; and to current and future sites for public facilities e.g the wastewater treatment plant and well field protection zone #1. It is also applied to single function (purpose) buildings which have been constructed for community related purposes (e.g. churches) and which are not commercial in nature. However, not all community facilities are required to be shown under this designation. Small sites are not shown nor are the locations of governmental services (e.g.H.R.S.) which lease common office space, nor are churches g~z~d that do not include substantial accessory use such as educational facilities. Comment: See Support Document ~ 2 (Open Space and Recreation Zoning District) for a complete discussion of this item 4. Location: Pg. III-G-43, Table L-6 Change: REVISION TABLE L-6 Land Use Designation/Zoning Matrix, is revised -- to reflect the new Open Space and Recreation (OSR) Zoning District. Comment: See Support Document # 2 (Open Space and ReCreation Zoning District) for a complete discussion of this item. Page 9 _ EXISTING Page 10 REVISED AMENDMENTS TO THE FUTURE LAND USE MAP 1. An amendment on 11.63 acres from County land use designation LR-3 (low density residential, 3 units per acre) to City land use designation Medium Density Residential (5-12 units per acre) in connection with an annexation. The current City advisory designation is Medium Density Residential. See Support Document # 4 (Rockland Subdivision) for a complete description of this item. 2. An amendment on 9.8 acres from Transitional to Commerce to allow a future zoning potential of Light Industrial (LI). See Support Document # 5 (S.W. 10th St. Area) for a complete description of this item. 3. An amendment on 16.15 acres from County land use designation MR-5 (medium density residential, 5 units per acre) to City land use designation Low Density Residential (0-5 units per acre) in connection with an annexation. Current City advisory designation is Low Density Residential. See Support Document # 6 (Lee Property) for a complete discussion of this item. T:\advanced\94-2.DOC Page 12 SUPPOR~ DOCUMENT # i SILVER TERRACE REDEVELOPMENT PLAN COMPREHENSIVE PLAN AMENDMENT 94-2 SUPPORT DOCUMENT SILVER TERRACE REDEVELOPMENT PLAN INTRODUCTION: This report updates City activity related to the Silver Terrace Redevelopment Plan. Data and analysis pertaining to the redevelopment plan for this area have been completed. While not conclusive, the results support a change in direction of the existing policy for the redevelopment area. APPLICABLE POLICY FROM THE COMPREHENSIVE PLAN Future Land Use Element Policy C-2.7 The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which is zoned RM and contains some mixed use but is primarily single family. It also involves the adjacent land use of the Floranda Mobile Home Park which is a well maintained land use but which may, in the future, be inappropriate for its location along Federal Highway adjacent to a regional shopping mall. Redevelopment of this area should complement the natural scrub habitat to the north which should be preserved to the greatest extent possible. While most any commercial use is allowable, the future use of the property is most appropriate for a "destination" use i.e. a use to which a person will travel. These uses include highly specialized commercial activities and recreation. Medium to High Density residential use is also appropriate for this site. The incentives provided under the Large Scale Mixed Use designation could be applied to this redevelopment area. The provision of new water and sewer mains to this area should await completion of its redevelopment plan. This redevelopment plan shall be prepared in FY 92/93 and shall be adopted as a local plan amendment. BACKGROUND: Redevelopment Area #4, as shown on the Future Land Use Map, includes the Silver Terrace Subdivision and the Floranda Mobile Home Park. The area was designated by the City Commission to receive special assistance in renewal. Assistance was to take the form of a "redevelopment plan" prepared by the Planning and Zoning Department. The plan was envisioned to focus on providing viable commercial uses of the "destination" type, or residential development of medium to high density while, complementing the Hurricane Pines Preservation Area. Provision of water and sewer to the area would follow completion of the redevelopment plan. For the past year, the Planning Department has been working on the Silver Terrace Redevelopment Plan in concert with the property owners and the Planning and Zoning Board. It became evident through the planning process that a market analysis would need to be conducted to help the City make a sound economic judgement on potential land uses. That market analysis concluded that there is some development potential for either a rental apartment development or commercial development. The current market would most likely not support a highly specialized commercial use of the "destination" type. Interest in redeveloping the area has recently been expressed by private developers who would work with the City and/or the CRA to acquire all or part of the property. Proposals have centered on a multi-family development with the possibility of some neighborhood commercial uses mixed in. Given this interest and that the market analysis supports such a development, direction was given by the Planning and Zoning Board to pursue the annexation of the redevelopment area into the CRA boundaries, or to create a "pocket CRA", and to complete the redevelopment plan to allow for a mixed use development with densities of up to 25 units per acre. The recommended ratio of residential to non residential uses was 85% to 15%. ANALYSIS: A complete accounting of the sequence of events, directions, options and summaries of such a planning effort are contained in the accompanying report and documentation: *Redevelopment Assessment for Redevelopment Area #4 - Silver Terrace and its Environs *Planning and Zoning Worksession Documentation dated June 27, 1994. In summary, the results are: * That a multi-family development with a small neighborhood commercial component is appropriate from a land use and market perspective. * That the properties located within the Silver Terrace Subdivision should be aggregated and developed as a unified development. * That higher densities may be allowed to help offset the costs involved with the aggregation of the property. * That the infrastructure improvements programmed for the Silver Terrace area coincide with the adoption of a redevelopment plan. Page · That the City may contribute programmed infrastructure funds as incentives for the redevelopment. · That the subject property be annexed into the existing CRA boundaries or that a "pocket CRA" be created to help facilitate the redevelopment. That conventional zoning on the subject would not be appropriate given the increased density and mixed use. Thus, upon completion of the redevelopment plan, the property should be rezoned to SAD (Special Activities District). RECOMMENDED CHANGES TO THE COMPREHENSIVE PLAN: In order to accommodate the direction given by the Planning and Zoning Board, Policy C-2.7 of the Future Land Use Element is to be amended. New Language Policy C-2.7 The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which is zoned RM and contains some mixed use but is primarily single family. It also involves the adjacent land use of the Floranda Mobile Home Park which is a well maintained land use but which may, in the future, be inappropriate for its location along Federal Highway adjacent to a regional shopping mall. Redevelopment of this area should complement the natural scrub habitat to the north which should be preserved to the greatest extent possible. W~Z~ ~Z d~ ~~dZ ~ ~ ~W~E~ Data and analysis pertaininq to a redevelopment plan for this area have been completed. While not conclusive~ the results indicate that the most appropriate course of action for this area is to provide for a "pocket CRA" or annexation into the CRA boundaries~ and completion of a redevelopment plan which provides for the following: Page 3 Aggregation of the properties to allow for a unified development that is a minimum of 10 acres in size. While the most desirable plan would include both the Silver Terrace subdivision and the mobile home park~ it is understood that the cost of relocating mobile home residents may make the inclusion of the park infeasible .... A mix of residential and nonresidential uses~ provided however~ that the nonresidential uses are of a type and scale that will primarily serve residents of the redevelopment area~ and that such uses do not comDrise more than 15% of the total land area. Residential densities of up to 25 dwelling units per acre~ subject to the provision of adequate open spacet common areas and recreational amenities; and the appropriate spacing and massing of structures. The lead aqency for completion and implementation of the plan is the City. ~ Upon completion of the redevelopment plant rezoning of the property to SAD (Special Activities District). In order to ensure the financial feasibility of the redevelopment plant the City may contribute funding to the extent permitted by lawt and in a manner that is consistent with the goals~ objectives, and policies of the Comprehensive Plan. This redevelopment plan shall be completed in FY 94/95. T ~ \advanced\SILVER2 Page 4 PLANNING AND ZONING BOARD WORKSESSION DOCUMENTATION SPECIAL WORKSHOP MEETING OF= JUNE 27, 1994 AGENDA ITEM= II.A. FUTURE LARD USE MAP AMENDMENT FOR THE SILVER TERRACE REDEVELOPMENT AREA BACKGROUND= The Silver Terrace Redevelopment Area was the subject of a Planning and Zoning Board worksession held on Februar~ 24, 1994. At that meeting, the Board discussed the results of the market study, and the development options along the lines of the "Existing Traditional" and "Traditional Plus" plans. The attached "Action Plan" was presented at the worksession. At that meeting the Board was also Informed of pending legislation regarding Community Redevelopment Agencies (CRAs), which would allow for the solicitation of redevelopment proposals prior to the actual acquisition of property. At the regular meeting of February 28, 1994, the Board approved the following motion= "Direct the Planning Staff to monitor the progress of the CRA Bill in the legislature and, If passed, prepare a development proposal along the lines of the "high intensity residential option" and seek out a participating developer~ and simultaneously prepare a "back-up" action program which would provide for a land use pattern similar to the "Transitional Plus" option wAth installation of water, sewer, and paving to occur in 1995~ and return to the Board tn June 1994 for a determination as to which course of action to pursue. In its last session, the State legislature approved an amendment to the Community Redevelopment Act which Includes the following as an approved CRA activity: 7. To solicit requests for proposals for redevelopment of parcels of real property contemplated by a communit~ redevelopment plan to be acquired for redevelopment purposes by a community redevelopment agency and, as a result of such requests for proposals, to advertise for the disposition of such real property to private persons pursuant to s. 163.380 prior to acquisition of such real property by the community redevelopment agency. The amendment goes Into effect on July 1, 1994. Pursuant to this authority, the City could form a "mini-CRA" for this area and solicit proposals for redevelopment of the property prior to its acqutsit~on. ANALYSIS= Of the available options, the proposed "Action Plan" could be implemented the soonest. It Includes a proposal to abandon Park P & Z Worksession Staff Report SLiver Terrace RedevelopEent Area Page 2 Avenue and the park site and to cul-de-sac Wilson Street, and provides for the development of property essentially under the ex~sting land use pattern. It would also involve the preparation of development standards, perhaps to be applied in an overlay zone, which would require minimum upgrades to commercial and multi-family properties. The abandonment and overlay zone could be processed in the coming months, with flna! approval occurring concurrent with adoption of the land use designations. The plan would allow construction to proceed upon adoption of the land use and zoning designations, with the understanding that water and sewer connections would be required when facilities are available. In order to follow through on the mini-CRA concept, a n-mher of steps are required. First a "Finding of Necessity" must be conducted to document slum and blighting conditions in the area. Authority to establish the CRA must be granted by the City (County approval may also be necessary), and a redevelopment plan for the area would be prepared. Proposals would then be solicited for the project, and acquisition of property could begin. While much of the back-up information has already been obtained, It could be a year or so before all of these steps are completed. A quicker alternative may be to annex the property into the ex,sting CRA, with City staff actually implementing the project. That alternative could accelerate the process without adding to the workload of the CRA staff. Notwithstanding the results of the market study, at least two developers have indicated continuing interest in the possibility of redeveloping the Silver Terrace area. Proposals have centered on a multi-family development, w~th the possibility of some neighborhood commercial type uses m~xed in. Densit~es of up to 30 units per acre have been suggested. In o=der to accommodate densit~es such as this, a new land use classif~cation would have to be developed. Alternatively, the land use designation could remain "Redevelopment Area %4," but the description could be changed to allow for a max of uses and higher densities, given certain parameters. ALTE~IATIVE ACTIONS The alternatXves will be discussed in greater detail at the worksession, but they essentially involve the following choices: A. Direct staff to process a FLUM amendment to accommodate the "Traditional Plus" type of development~ -- B. D~rect staff to process a FLUM amendment that would allow a mixed use development with increased densities. _ Attachments: * "ACtion $1an" presented at P&Z Worksesslon of 2/24/94 * Proposed FLUM designations for Traditional Plus development Board Works, ,ion cumentation - Page 3 &C?IO~ PLAN A. Acceptance of the final report, Redevelopment Assessment for Redevelopment Area #4 - Silver ?efface and its Environs, with a finding and determination that; * the program shall only deal with the Silver ?efface Subdivision and that it shall be that of "revitalization" as opposed to #redevelopment'. * the FLU~ designation for the Floranda Noblla Home Park is to be changed from "Redevelopment Area' to "Transitional" (tentatively in Plan Amendment 94-2)~ B. Program water, sewer, street, and drainage improvements for FY 94/95. C. Provide for the cul-de-sac of Wilson Avenue at the 'park" site (accommodate eastern accessibility only). D. Abandon Park Avenue and the "park' site, 1/2 interest to abutting property o~ners to the east and west with conditions pertaining to replatting and consolidation of . properties under single ownerships. ' Z. Set land use designations of= ~ * "Commerce" along Dixie Highway, north of Central , &venue~ * "Transitional" along S.W. 10th Street frontages~ * "Medium Density Residential" for the balance. F. Allo~ for processing (private petition) rezonlng to the . proposed land use designations~ and, allo~ construction (including single family homel, duplexes, etc) to proceed w~th the caveat that connection to water and sewer will be required when the facilities ara available (tentatively ' available for connection in fall of 1995). Note~ Concurrent with Plan Amendment 94-2, the Clt~ will process, at its expense, both Land Use Nap and Rezoning designations. Accommodate connection to water and sewer systems, during a six month grace period, at 1955 connection rates. H. Establishment of minimum up-grading requirements for property other than single family residential land use. I. That the City establish a volunteer neighborhood organization and provide technical assistance (and lnfo~aation) for its operation up to one year past the installation of the infrastructure improvements. S.F.. STRE' · WILSON AVE. COITRAL AVENUE f SILVER TERRACE SUBDMSiON - ~ -~ PROPOSED - F.L.U.M. DESIGNATIONS- DRAFT Redevelopment Assessment for Redevelopment Area Silver Terrace and its Environs Prepared B¥~ Janet Meeks Senior Planner Date Prepared~ January 22, 1993 Revised~ July 26, 1993 August 20, 1993 November 22, 1993 TABLE OF CONTENTS I. Introduction to Silver Terrace Redevelopment Plan II. The Past: Historical Development A.. Redevelopment Boundaries B. Chronology of Past Zoning Events III. The Present: Inventory A. Existing Conditions and Land Use B. Infrastructure C. Hurricane Pine Scrub Assessment IV. The Redevelopment Planning Process V. Market Analysis and Feasiblity Studies A. Worksession with Goodkin Research, Inc. B. Summary of Market and Feasilbity Study C. Recommendations VI. Conclusion and Recommendations VII. Implementation A. Changes to Local Development Regulations B. Amendments to the Comprehensive Plan C. Marketing the Redevelopment Plan FIGURES Figure 1: City of Delray Beach Residential Neighborhood Categorization Map Figure 2: Silver Terrace General Land Use Map Figure 3: Silver Terrace Subdivision Plat Figure 4: Silver Terrace General Location Map Figure 5: Steps in Silver Terrace Redevelopment Plan Flow Chart Figure 6= Development Scenarios APPENDICES APPENDIX A: Market and Feasibility Study - Goodkin Research APPENDIX B: Comprehensive Plan Amendments - Text Changes APPENDIX C: Letter from Dr. Austin, Florida Atlantic University Draft of Silver Terrace Redevelopment Plan Page 2 I. AN INTRODUCTION TO THE SILVER TERRACE REDEVELOPMENT PLAN In 1989, as part of the preparation of the Housing Element of the City of Delray Beach Comprehensive Plan, a citizen's committee evaluated neighborhoods throughout the City and created a Residential Neighborhood Categorization Map (Figure 1). This map categorizes residential areas according to the prevailing condition of private property, and provided direction to City staff as to the degree of governmental involvement required to assist each category of neighborhood. Silver Terrace has been designated as a "redevelopment area". Redevelopment areas are those neighborhoods which either through a state of decline or the absence of owner occupied housing require direct public sector involvement in arresting decline. Recognizing the need for specific redevelopment strategies, the City of Delray Beach Comprehensive Plan designates certain areas as ones for which a neighborhood or redevelopment plan is to be written. Pursuant to Comprehensive Plan Land Use Element Objective C-2, Silver Terrace is designated as one of six areas to receive such a redevelopment plan. That plan shall comply with Policy C-2.7 of the Future Land Use Element of the Comprehensive Plan as described below: POLICY C-Z.7: This area involves the old Silver Terrace Subdivision which is zoned RM and and contains some mixed use but is primarily single family. It also involves the adjacent land use of the Floranda Mobile Home Park which is a well maintained land use but which may, in the future, be inappropriate for its location along Federal Highway adjacent to a regional shopping mall. Redevelopment of this area should complement the natural scrub habitat to the north which should be preserved to the greatest extent possible. While most any commercial use is allowable, the future use of the property is most appropriate for a "destination" use i.e. a use to which a person will travel. These uses include highly specialized commercial activities and recreation. Medium to High Density residential use is also appropriate for this site. The incentives provided under the Large Scale Mixed Use designation could be applied to this redevelopment area. This document, The Silver Terrace Redevelopment Plan, has been written to establish a specific new use or uses for the Silver Terrace redevelopment area, and provides a general development strategy to accomplish redevelopment. The plan will be formally made a part of the City's Comprehensive Plan through acknowledgement of it as a background document, and specific amendments made to the Comprehensive Plan via Amendment 93-... A compilation of those amendments is found in Appendix "A". FIGURE 1 Residential Neighborhood Categorization OO¥~TON OE~ACH '1 L.~30 Canal "T~ STABILIZATION ~ REVITALIZATION/REHABILITATION e...- .T UR I ?~ ]: C T ]: ON , The City of Delray Beach ' ' ..~,, ' ~ R~Sm~T[A~ ~[~,~ORUO0~ CA~OR~ZT[O~ Draft of Silver Terrace Redevelopment Plan Page 3 II. THE PASTs HISTORICAL DEVELOPMENT REDEVELOPMENT BOUNDARIES The Silver Terrace Redevelopment area, as designated on the Future Land Use Map, includes the Silver Terrace Subdivision and Floranda Mobile Home Park. Immediately adjacent to these properties are the Dean Witter office complex, Delray Place a condominium project, a vacant parcel of property zoned for a hotel use, and a conservation area. This geographical area is bounded on the north by S.E. 10th Street, on the south by the Delray Mall, on the west by Dixie Highway, and on the east by Federal Highway. The entire area contains approximately 33.5 acres. As it is difficult to consider the Silver Terrace redevelopment area with out also examining the appropriateness of the uses which are immediately adjacent, the entire area has been included as part of the discussion for the redevelopment plan. In order to understand how development patterns were created in this area, the next section of the report is a chronology of land use events and our knowledge of past events. Location Map CHRONOLOG]~ OF EVENTS AND LAND USES The chronology of development of the Silver Terrace Redevelopment area begins in approximately 1925, and i s described in the following paragraphs. A .general land use map of the area can be found In Figure 2. 1925 - Silver Terrace Subdivision: The Silver Terrace Subdivision was created in 1925 when approximately 13 acres of the Model Land Company's Subdivision FIGURE 2 FIGURE 3 Draft of Silver Terrace Redevelopment Plan Page 4 was replatted. The property was subdivided into 6 Blocks having a total of 86 lots and containing 13 acres. A small neighborhood park was created between Blocks 4 and 5. The plat restricted some of the lots for residential uses only (see Figure 3). Ultimately, Lots 1 and Lots 3-9 were developed as part of the Delray Mall. Lot 2 remained as Tom's Rib Haven restaurant with a zoning designation of GC (General Commercial). 1948 - Floranda Mobile Home Park: The second subdivision included in the Silver Terrace Redevelopment Area is the Floranda Mobile Home Park. The Mobile Home Park was platted in 1948 as the Lambert Trailer Court, and contains approximately 7 acres. This parcel of land is zoned MH (Mobile Homes). Today, the existing park has approximately 90 mobile homes. Along the northern boundary of the Park are 6 privately owned single family lots, which take access through a 12' road easement, which is contained within the park. Streets and water/sewer within the mobile home park are privately owned and maintained. 1981 - Mello Annexation: Lot 17, Block 2 of the Silver Terrace Subdivision, was annexed into the City on November 10, 1981, via Ordinance 69-81. The zoning on the subject property was given an RM10 zoning designation, and a duplex was built on the lot. Today, the duplex is currently occupied. 1982 - Acquilano Parcel (aka Dean Witter Executive Quarters) The Planning and Zoning Board reviewed a request for an annexation, conditional use, and site plan approval to allow a professional office plaza for the Aquilano Parcel. The parcel was zoned CG (Commercial General) in the County. The Board recommended denial of the project to the City Commission for the following reasons~ * Approval of this commercial project would cause a domino effect resulting in the surrounding properties becoming commercial. * The granting of this application would further the strip commercial areas of the City. * The proposal lacked general compatibility with other properties in the area. The City Commission indicated that they would support the project if it was zoned SAD, which would allow for greater control of the site and development plans. At the City Draft of Silver Terrace Redevelopment Plan Page 5 Commission meeting of February 10, 1982, the subject property was annexed into the City and was rezoned from CG (Commercial-General) to SAD (Special Activities District). In the fall of 1990, the parcel was rezoned to POC (Planned Office Center) with the Citywide rezoning and adoption of the LDR's. An office park has been constructed on the site, and is currently' known as the Dean Witter Executive Quarters. It appears that the office space is about 95% leased. 1984 - Park Place (AKA Delray Place): At its meeting of April 10, 1984, the City Commission approved a Land Use Amendment, annexation and site plan request for Park Place, a 60 unit condominium project. The subject property takes access from S.E. 10th Street, and is located Just east of the Silver Terrace subdivision. The property contains approximately 4.8 acres. Two of the three approved buildings have been built (42 units), along with associated parking, pool and tennis court. The third building, which is to be located on the southern portion of the site, has not been constructed. Thus, there ks approximately 2 acres which are undeveloped. Currently, only 2 of the units are owner occupied. The balance of the units are rented out, and most of which are still owned by the original developer. 1984 - Miracle Mile Motors: At its meeting of April 10, 1984, the City Commission annexed Lots 8 and 9, Block 4, of the Silver Terrace Subdivision which contained a car repair shop known as Miracle Mile Motors. The subject property was zoned CG (Commercial General} in the County, however, the City applied an initial zoning of RM-10 (Medium Density Residential), to be consistent with the Medium Density land use designation. However, it was noted that a formal land use amendment would be required for the parcel to be appropriately zoned for its use. That amendment was never followed through, the car repair shoD is still in business, and remains a non-conforming use. 1988 - The Gulfstream Motorlodqe (aka The RT Parcel): At its meeting of June 10, 1988, the Planning and Zoning Board recommended approval of a Land Use Amendment from MF10 to Commercial with a concurrent rezoning from RM-10 to GC (General Commercial), for a 2 acre parcel located at the SW corner of S.E. 10th Street and Federal Highway. The purpose of these actions was to allow for the establishment of a hotel, known as the Gulfstream Motorlodge. Draft of Silver Terrace Redevelopment Plan Page 6 At its meeting held on June 28, 1988, the City Commission accepted the Board's recommendation regarding the Land Use Map Amendment, but questioned the rezoning to GC (General Commercial) to accommodate the use of a hotel. The Commission gave the parcel a temporary zoning designation of SAD (Special Activities District) until a more appropriate zoning district could be created which would accommodate the use. At its meeting of July 1988, the City Commission approved site and development plans for the Gulfstream Motorlodge. An extension of that approval was granted on March 14, 1990, however, that site plan became void as of September 14, 1991 With the City wide rezoning in the fall of 1990, the parcel was rezoned to RT (Resort Tourism), a newly created zoning district to specifically accommodate such uses as a hotel. However, the hotel was never built and currently the parcel is vacant. 1988 - Enclave #37: At its meeting of November 8, 1988, the City Commission approved the annexation of Enclave Act #3?. Enclave #3? included Silver Terrace, Floranda Trailer Park and the Hurricane Pine Scrub. The County zoning for the subject properties included multi-family, general commercial, and commercial neighborhood designations. The City proposed RH (Medium to High Density Residential) for Silver Terrace and the Hurricane Pine Scrub area. The Lambert Trailer Court was zoned MH (Mobile Home). In the fall of 1990 with the Citywide rezoning, the RH district was changed to RM (Residential Medium). 1988 - Adoption of the Comprehensive Plan= The Comprehensive Plan was adopted on November 28, 1989 via Ordinance 82-89. Within the Land Use Element of the Comprehensive Plan, policy direction is given for the Silver Terrace Redevelopment Area. This policy was previously discussed under Part I of this report. 1988 - Hurricane Pine Scrub= The Hurricane Pine Scrub is situated between Park Place and Dean witter/Moterlodge and contains approximately 4.8 acres. A portion of the pine scrub, which fronts along S.E. 10th Street, was cleared for the construction of a single family home. That single family home has since been demolished. An inventory and analysis was conducted by Palm Beach County to locate, identify, evaluate and rank examples of Palm Beach County's native ecosystems [REF= Inventory of Native Ecosystems in Palm Beach County, Phase III Report]. The Hurricane Pine Scrub is listed in the 2nd grouping for land acquisition, therefore, is low on the priority list. The Pine Scrub is described in greater detail under Part III= Present Inventory, of this report. Draft of Silver Terrace Redevelopment Plan Page 7 The Hurricane Pine Scrub has been identified on the City's Land Use Map as a conservation parcel subject to Conservation Element Policy B-1.2 wherein it states that, "the Pine Scrub along S.W. 10th Street should be preserved in part through sensitive site planning". 1989 - Silver Terrace Group Home: The City Commission via Ordinance 31-89 approved a rezoning of Lots 9 and 10, Block 5, of the Silver Terrace Subdivision from RH (Residential High Density) to RO (Residential Office). The rezoning was requested to accommodate an abused spouse residents home in an existing single family dwelling. The group home was established shortly after the rezoning, and is currently being used as such. 1991 - Asstuccio - Nowlin Request: At its meeting of January 29, 1991, the City Commission reviewed a request for granting relief of the requirement to improve a shellrock street, and the provision to provide a sidewalk. The relief was requested in conjunction with a proposal to construct a single family dwelling on Lot 22, Block 6, of the Silver Terrace subdivision. The request was denied for the following reasons: * appropriateness of new development in this particular area which is slated for redevelopment planning; * allowing new construction where facilities are not properly in place; * to create an assessment district (for improvements) is not the preferred choice of staff; and * the implication that the cost of full facilities (including those "off-site") may defer development of the parcel. 1992 - Hazen and Sawyer Service Authorization: At its meeting of August 25, 1992, the firm of Hazen and Sawyer was selected to provide consulting engineering services for infrastructure improvements to the Silver Terrace Subdivision. Those improvements were to include, pavement, storm drainage, curbing and sidewalks along Miami Boulevard, Dixie Highway and Collins Avenue. 1992 - City Commission Workshop Meeting: Draft of Silver Terrace Redevelopment Plan Page 8 At its workshop meeting of September 1, 1992, the City Commission reviewed the proposed infrastructure 'improvements for the Silver Terrace subdivision as provided from Hazen and Sawyer. The outcome of the meeting was a decision to provide water and sewer service along Dixie Highway. No other improvements were to be made until the redevelopment plan was adopted. At that same meeting, the Commissioners expressed some ideas on possible development scenario's for the redevelopment area. Those ideas are listed below= * to create a "mini-CRA"~ * that a small house development be discouraged~ * that an upper scale apartment complex or planned residential neighborhood be developed with an entrance from Federal Highway~ * that 10th Street be cleaned up with a nice perimeter buffer and landscaping~ and * that a possible zoning of SAD be explored. Shortly after the September 1st meeting, the Planning Department embarked on the Silver Terrace Redevelopment effort, and held the first Silver Terrace Redevelopment task team meeting on October 14th. The redevelopment planning process which involved the task team can be found in Par~ IV of this report. Draft of Silver Terrace Redevelopment Plan Page 9 III. THE PRESENT= INVENTORY EXISTING CONDITIONS AND LAND USES The Silver Terrace Redevelopment area is located in the southeast section of Delray Beach (Figure 4). It includes a mix of commercial and residential uses along with many vacant parcels. On the eastern edge of the boundary lies Federal Highway (U.S. Highway 1), a major arterial roadway. The Floranda Mobile Home Park, Dean Witter Executive Offices, and a vacant parcel zoned RT (Resort Tourism) fronts on this highway. Dixie Highway, a City collector street lies along the western boundary of the redevelopment area. A mixture of uses front on Dixie Highway such as an auto repair shop, a plumbing shop, vacant commercial buildings, as well as, residential units and vacant property. Directly to the west of Dixie Highway is the FEC railroad, and to the west of the railroad are residential and industrial uses. To the north of the redevelopment area is S.E. 10th Street, which is also a City collector street. Within the Silver Terrace subdivision which fronts on S.E. 10th Street, an abused spouse residence and a vacant lawn mower repair shop is located. Immediately to the east of the repair shop is Park Place (aka Delray Place) condominiums. At the corner of S.E. 10th Street and Federal Highway is a vacant parcel of land. To the north of S.E. 10th Street is a marginally stable single family subdivision which is predominatel¥ Haitian. The Delray Mall makes up the southern boundary of the redevelopment area. The Silver Terrace subdivision and the Floranda Mobile Home Park back up to the mall. As stated in the history portion of this report, the lots along the south side of Collins Avenue were acquired by the mall and developed as such. A single family dwelling and duplex are located to the north of Collins Avenue, and take access from this street. The balance of the property located along Collins Avenue are vacant single family lots (50' x 100'). The most diversity of land uses occur in the Silver Terrace Subdivision. The subdivision was platted in 1928 with 86 lots. The 86 lots have been subdivided and aggregated over the years. Today only 40 lots exist. There are 16 single family units, triplex, 4 duplexes, 2 vacant industrial buildings, 2 commercial businesses and 3 vacant commercial buildings. The balance of the subdivision consist of vacant lots. FIGURE 4 UNTO# ~UL.rVJI, RD SILVERTERRACE N REDEVELOPMENT AREA CITY OF DEI.RAY BEACH, FLORIDA PLANNIN(~ DEPARTMENT Draft of Silver Terrace Redevelopment Plan Page 10 INFRASTRUCTURE Currently, none of the streets in the Silver Terrace Subdivision are paved. The streets contain shellrock, which was an existing condition when the property was annexed into the City. The subdivision does not contain any sidewalks, nor 'does it have any street lights. However, the streets surrounding the redevelopment area i.e. Dixie Highway, Federal Highway and S.E. 10th Street are improved to City standards. Most of the units in the Silver Terrace Subdivision are on a well and septic tank system. However, a 36" interceptor for sewer runs along the south side of S.E. 10th Street and extends the length of Miami Boulevard. Several of the units have tied into this system. The interceptor system needs to be evaluated for potential upgrading, as it may not met today's standards. Sewer is provided to Park Place and Dean Witter via extensions from a 36" gravity sewer main which is located along S.E. 10th Street. There is no City water which currently services the Silver Terrace subdivision. Water is accommodated by private wells. The closest water main to the subdivision is a 6" water main which services the Delray Mall. However, that main ends at Dixie Highway and Collins Avenue. Water service is provided to the Dean Witter building via a 2" water main extension from S.E. 10th Street. However, this main dead-ends at the entrance of the project. Water service is provided to Park Place Condominiums via a 6" main extension from the water system which services the subdivision to the north of S.E. 10th Street. The City will be installing a water and sewer main along Dixie Highway prior to the adoption of this plan. However, there are no other plans to provide infrastructure within the Silver Terrace Subdivision until the Redevelopment Plan has been formally adopted. HURRICANE PINE SCRUB ASSESSMENT The Hurricane Pine Scrub is located between Park Place Condominiums and the vacant RT (Resort Tourism) zoned parcel. At one time, the Pine Scrub covered approximately 5 acres. However, a portion of the site was cleared along S.E. 10th Street for the construction of a residential unit, which has since been demolished. Draft of Silver Terrace Redevelopment Plan Page 11 The Hurricane Pine Scrub is considered a Florida Scrub, which has a desert-like eco-system dominated by sand pine and several species of Oak. This eco-system has been identified on the Land Use Map as a conservation parcel subject to Conservation Element Policy B-1.2 wherein it states that the Pine Scrub alonq S.W. 10th Street should be preserved in part through sensitive site planning. Under the needs and recommendations of the Conservation Element, this 5 acre parcel should be developed with a program or method for preservation. An inventory was conducted in Palm Beach County to locate, identify, evaluate and rank examples of each of Palm Beach County's native landscapes - the ecosystems [REF= Inventory of Native Ecosystems in Palm Beach County, Phase III Report]. Based upon the findings of that Inventory, it is noted that Palm Beach County's native ecosystems are now even more endangered than its endangered species~ endangered means unlikely to survive without human intervention. There are so few sites where native ecosystems survive in Palm Beach County that if such ecosystems are to continue, all should be acquired, or at least protected. The Hurricane Pine Scrub is listed as a iow priority on Palm Beach County's land acquisition list due to its relatively small size. Since the Hurricane Pine Scrub is located in the middle of the redevelopment area, the question arose as to whether or not this ecosystem was still viable and worth saving, or if a portion of it could be cleared and developed as part of the redevelopment plan. Daniel Austin, Ph.D. of Florida Atlantic University, Department of Biological Sciences was contacted to assess the current conditions on the site. Dr. Austin walked the site and noted that a number of native animals and endangered plants are surviving in the ecosystem. His recommendation is that the Hurricane Pine Scrub be acquired, managed and used as a passive recreation and educational site. If the Pine Scrub is not managed it will continue to undergo succession and eventually change from pinelands to an oak-palmetto woodlands. Thus, the endangered species would no longer survive. (Letter Appendix C) Draft of Silver Terrace Redevelopment Plan Page 12 IV. THE REDEVELOPMENT PLANNING PROCESS The redevelopment planning process began with an inventory of existing land uses, researching past history of land use events, and Comprehensive Plan policy direction. This initial information was presented to the Silver Terrace property owners at the kick-off meeting held on October 14, 1992. The concepts and processes of redevelopment area planning were presented, along with a discussion of whether or not a redevelopment plan was necessary for this area. At the end of the meeting, it appeared that there was a willingness on the behalf of the property owners to cooperate with a redevelopment effort. The owners appeared to have a strong interest in selling their properties rather than trying to work around existing conditions. The owners were interested in what type of redevelopment scenarios would work on the property as a whole, which could eventually be marketed to private developers in a "buy out" situation. At the second meeting, 6 different development scenarios were presented to the Redevelopment Task Team (see figure 6). The redevelopment scenarios (plans) ranged from what would occur under the existing conditions with no City intervention, to a large scale mixed use concept, which would require all the property to be aggregated. These development scenarios are discussed further in the following paragraphs. Existing Traditional: The Existing Traditional development scenario provides for all of the commercial activities within the Silver Terrace subdivision to be located along Dixie Highway and S.E. 10th Street. The interior of the subdivision would remain residential. .The balance of the redevelopment area would be built out under the current zoning. Water and sewer would be upgraded in the existing street pattern, and the streets would be improved to City standards. There would be little or no aggregation of land or City intervention. All the property owners would develop on their own with minor zoning changes to certain properties. This scenario results in a situation that is not in accordance with current LDR standards and policies in the Comprehensive Plan. Waivers and/or variances from the LDR's would likely be needed to implement this plan. Traditional Plus: The Traditional Plus development scenario provides for a more organized land use pattern. The industrial or commercial uses would be located to the northwest section of the Silver Terrace SUD~iV~SiOn. Draft of Silver Terrace Redevelopment Plan Page 13 Directly to the east of this area, multi-family zoning is proposed. Multi-family zoning is considered an acceptable transitional land use adjacent to the industrial and commercial uses. The multi-family area could tie into the Park Place condominium project. A small standard residential neighborhood is proposed for the southern portion of the Silver Terrace subdivision. This might include 50 standard single family and duplex lots. Along Federal Highway the Dean Witter Executive Quarters and the RT Parcel to the north would be rezoned to commercial to service the residential uses to the west. The mobile home park would remain as is. With this development scenario, the properties in the northern portion of the Silver Terrace subdivision would be aggregated. The existing street patterns would be slightly changed to eliminate traffic through the residential area. This may necessitate the abandonment of Park Avenue and the northern portion of Miami Avenue. The existing industrial uses would remain in the northern portion of Silver Terrace with the balance of the commercial or industrial uses located elsewhere -in the subdivision to be relocated to this area. Some municipal assistance would be required to help facilitate the relocation of businesses and abandonment of streets. However, property owners would develop on their own. The Villaqe: The Village development scenario provides for a mixed residential use of moderate to high densities. This scheme would aggregate most of the property in the redevelopment area. However, aggregation of the property could occur in phases. The concept provides for low density cluster housing or townhouses to be situated along the southern and western portion of the site. The higher density multi-family units would be located in the northeast section of the site clustered around the conservation area. The conservation area would be utilized as a passive park and provide a focal point for the residential units. Cluster housing provides for concentrated dwelling units which are surrounded by open space. The street may pass alongside or penetrate the clusters. This scheme would focus on open space amenities and the conservation area with maintaining a pedestrian scale. A wall with a controlled entrance would be provided for security purposes. No new commercial zoning would be created. Park Place Condominiums and the Dean Witter Executive Quarters has been worked into the overall site plan. It would probably not be economically feasible to eliminate those structures. Draft of Silver Terrace Redevelopment Plan Page 14 Hiqh Intensity Multi-Family: The High Intensity Multi-Family development scenario would provide for a density of approximately 17 units per acre. This type of development could be compared to Palm Cove (developed by Summit Properties), which is located on Llnton Boulevard (Palm Cove's net density is approximately 17 units per acre). As 30 acres of land may be considered too large of a tract for a multi-family development, it is not likely that the entire property would be developed at one time. Thus, aggregation of the property could be phased. Under this development scheme, it probably would not be economically feasible to eliminate Park Place Condominiums or the Dean Witter Executive Quarters. Participation in developing a high intensity multi-family development would most likely be developed by the private sector. Commercial: The Commercial development scenario provides for the expansion of the Delray Mall. The Publix strip shopping center would be relocated to the northwest corner of the site. Additional retail space could be provided to the south interacting with the mall, and to east along S.E. 10th Street. Several out-parcels could be created adjacent to Federal Highway for the purposes of a bank and/or restaurant. Development under this scenario would most likely require all the property to be aggregated and developed as a unified project through private developer participation. Phasing the aggregation of property under this development scheme would probably not work. It would be critical that the major tenants be visible from Federal Highway for marketing purposes. In order to gain that visibility, it would require participation by the trailer park, and a portion of the pine scrub would most likely need to be cleared. Mixed Use Development: The Mixed Use development scenario provides for a combinat~on of specialized commercial and retail space along with residential units. This type of development could be compared to the "Mlzner Park" development in Boca Raton. The site would need to be developed with organized open space to insure a quality of life for its residences. Thus, a unique balance between the commercial and residential uses would need to be maintained. Development would most likely occur around the pine scrub. The pine scrub could be one of the major selling points of the project. Aggregation of all the property would be required. Development would occur through private developer participation. Draft of Silver Terrace Redevelopment Plan Page 15 After the development scenarios were presented to the Redevelopment Task Team, "The Village" and "Commercial" scenarios appeared to appeal the most to the group. This led us to the next question of which plan, commercial or residential, would be the most feasible to implement. The next step in the process was to ascertain private developers' thoughts on the ~edevelopment area. A total of seven (7) private developers were contacted, including commercial developers and those who specialize in residential developments. The developers noted the existence of certain conditions of the overall area that could limit its potential for residential development. Some of those factors included the proximity of the railroad tracks, the generally negative perception of the schools in the area, and the deteriorated conditions of housing in the adjacent neighborhoods. These conditions would tend to make the site an inappropriate one for high-end residential housing. Some of the uses suggested by the developers included an elderly oriented community such as Abbey Delray, a medical complex, a low/moderate income housing development, or a commercial site that would accommodate the expansion of the Delray mall. While the information obtained by staff through its research, discussions with property owners, and people in the development community was adequate for reaching general conclusions, it was not a sufficient basis for establishing appropriate land use(s) on the site and formulating a redevelopment plan. It was evident through these discussions that additional basic data was needed to make a sound economic judgment regarding potential land uses. In order to obtain professional consulting services, a RFQ (Request For Qualifications) was advertised for "a real estate market analyst to provide professional assistance in the assessment and feasibility of redevelopment and revitalization plans to be carried out in implementation of the City's Comprehensive Plan". The Planning Department received 12 responses to the RFQ from firms with & variety of expertise and capabilities. The respondents included small (one or two person) operations, as well as some of the nation's largest market research firms. A selection committee comprised of David Kovacs, Director of Planning; Diane Dominguez, Principle Planner; Janet Meeks, Senior Planner; Karen Kiselewski, Planning and Zoning Board Member; and William Andrews, private citizen was created to review the RFQ's and set guidelines for selecting a firm(s). Draft of Silver Terrace Redevelopment Plan Page 16 The selection process involved ranking the 12 firms based on their capabilities, adequacy of personnel, past record, the firm's and/or individual's experience, references (private and public), and manner of approach. The 5 highest ranking firms were short-listed and interviewed by the selection committee. The firm of Goodkin Research Corporation was retained to provide advice to the City, and evaluate the real estate market for the Silver Terrace redevelopment area. This firm was chosen for its background in serving the real estate and financial industry for over two decades, and its strong expertise in redevelopment and revitalization programs which have been implemented in other municipalities. Goodkin Research worked with the City over a period of several months, brainstorming, researching and analyzing the Silver Terrace redevelopment area. The outcome of these analysis is in the form of a market and feasibility study, which is discussed in Part V, the next section of this report. The market and feasibility study was discussed at a final task team meeting at which the task team offered the following ..... FIGURE 5 STEPS IN SILVER TERRACE REDEVELOPMENT PLAN --I WHEN WHElU: HOW PHYSIGAL SURVEY PEOPLE SURVEY CHRONOLOGY DATA BASE POUCY DIRECTION I CITY COtfldlS~ON 5RD M£L'nNG DESIRED -- REDLrVELOPkENT P&Z FORMAL PUBUC HEARING ADOPT)OH MULTI-FAMILY. ZONING).., TRAILER PARK $ 'EXISTING TRADITIONAL _ STI~IP COFg~gRCIAL - F..XISTING LAND USE PA'i'rEi~J{ WATF.~/SEWE]~ UP(;RA~)F~) IN EXISTING STREETS NO AGGRI~GATION OF LAND EVERYONE DEVELOPS ON O~N RESULTS XN SITUATION THAT WILL NOT BE IN ACCORDANCE WITH CURRENT LDit STANDARDS & POLICIES I.E. VIOLATION OF STANDARDS -- WA'[VERS OR VARIANCES WOULD BE NEEDED . . ~ MULTI-FAMILY C OMMERCI,~L - I-- I. - TRAILER PARK SINGLE FAMILY DUPLEX TRADITIONAL PLUS · AC.~RI~A3"ZON OF PROP~TZES ~ ~0~ P&~ OF SZ[V~ T~C~ · ' · ~0 ~~C · S~ PAV~ AS IS · ~IB~ AB~~T OF P~ AV~E a ~R~ ~ OF ~ · ~X~G IN~S~I~ ~ R~ m A~A~ON OF ~CI~ · D~~ ON ~, S~ ~XCIP~ ASSXST~ (FACI~TATE, THE VILLAGE J TLo, w SCALE'PLUS'HIGHER DENSITY # RETAL~ EllS'lING ~LTI-FAHIL¥ (DELRA¥ P~CE). ~S~VITION ~ * 0~ S~A~ ~ * ~S ON P~I~ SCA~ * NO N~ ~CI~ * R~IR~ PA~SHI~ ~/OR ~R~ATION, P~G ~~ ~ ~ A~DA~ ~PROX~T~ 2~0 ~I~ HIGH INTENSITY MULTI-FAMILY A(~'RAG.~TION OF PROPERTY.OR PART~ERS~IlPS V~tL,/.~ ~ITY I~TI.I CONTROI.~.Fn TRAILER PARK DEVELOPS AS PHASE Il (COULD' HAVE 3 DELIt, A~' PLACE & DEAg I~ITTER RI~',~ZNS $ILVE~ TERRACE t'BUY--OU'~~ ~ ACCO, tODATE APPROXZI~TELI~ 360 UNITS MIXED_.USE RESIDENTIAL/COMMERCIAL ' PRXVAT~ DEVl!I.,OPF.,R IqlZ~iER PARI[ CONCEPT HI~'H DENSITY RESIDENTIAL/~CIAL SILVER TERRACE "BUY OUT" Draft of Silver Terrace Redevelopment Plan Page 17 V. MARKET ANALYSIS AND FEASIBILITY STUDY _ WORKSESSION WITH GODDKIN RESEARCH~ INC. As mentioned in the previous section of this report, · the firm of Goodkin Research (herein after referred to as the "consultant") was retained to complete a critical component of the redevelopment plan. That component involved a market analysis and feasibility study of the Silver Terrace Redevelopment area. The study would help to assist the City in making a sound economic judgement regarding the potential land uses on the subject property. The consultant was invited to attend a two day worksession to review information that staff had already gathered to date. The worksession began with the Planning Director giving an overview of the two day worksession, what the City wanted to achieve from the two day worksession, and he reviewed the Comprehensive Plan policies and direction for the redevelopment plan. The next segment of the meeting involved the history of the area, a discussion regarding the six potential land use scenarios, and the outcome of the task team meetings. The consultant then gave the City an overview of their experience with redevelopment plans. They discussed past projects which paralleled the Silver Terrace Redevelopment effort, and identified four basic "pillars" which make-up a redevelopment plan. Those pillars included community acceptance, market support, community leadership, and public funding capabilities. The balance of the worksession consisted of both parties brainstorming ideas for the Silver Terrace redevelopment plan. The brainstorming session included discussions regarding possible uses, existing conditions, supply and demand estimates, potential financial considerations, developer/City incentives, and a timing projection. From this session, it was clear that some of the potential land uses that had previously been proposed could be eliminated, based on a strong initial assessment that they were economically infeasible. The consultant assisted the City in concluding that either a commercial development or a multi-family rental community were the strongest development possibilities that should be evaluated in greater detail. It is interesting to note that these same two scenarios were also chosen by the Task Team as the uses to be studied in greater depth. Thus, the two day worksession was concluded with the understanding that the consultant would conduct a market analysis and prelminary feasibility study for a Commercial market and a rental apartment market. Draft of Silver Terrace Redevelopment Plan Page 18 SUMMARY OF THE MARKET AND FEASIBILITY STUDY The market and feasibility study was divided into two sections. The first section of the report dealt with the retail potential, and the second section of the report dealt with the rental apartment potential of the site. Both aspects are discussed below. Retail Summary: The demographic characteristics of the City's population and the existing retail structure indicate that the City of Delray Beach has a strong value oriented retail market. This means that discount, off-price, and factory outlet stores best satisfy consumer demands. After evaluating expenditure potential and the competitive structure of the trade area, it was concluded that the City can absorb about 250,000 square feet of additional retail space of this nature by the year 2003. Silver Terrace redevelopment area could be competitive for capturing 100,000 square feet of this retail space by the year 1998. This square footage could be accommodated on approximately 10-12 acres of land. In order for the project to be successful and to obtain financing, the retail project would need to be anchored by one to several tenants utilizing about 75 percent of the space. A preliminary pro-forma of the area indicates that the income potential of the proposed retail center is modest, which affects the financial feasibility of the project. In order for the City to encourage a retail development in the Silver Terrace redevelopment area, the City would need to "write-down" the cost of the land to the potential developer. Rental Apartment Summary: The Silver Terrace site represents a good location for the development of rental apartments, especially for a mature market. There are modest, but stable residential neighborhoods nearby, and nearby shopping opportunities. Based upon absorption trends in the area, it was concluded that approximately 200 garden type, two-story units could be successfully marketed at this location by the year 1996. An apartment project of this nature could contain 80-one bedroom apartments, and 120-two bedroom apartments averaging 700 square feet - 1,000 square feet. The rents would average Draft of Silver Terrace Redevelopment Plan Page 19 between $500.00 to $640.00 per month. Given these rents, the financial parameters for the project indicate that an apartment developer could afford to pay very little, if any thing, for the 13 acres that would be required to build the project. CONSULTANT'S CONCLUSION AND RECOMMENDATION The consultant's report concludes that there are both retail and rental apartment development opportunities available for the Silver Terrace redevelopment area. In both cases, rent potentials are modest, therefore neither the retail or rental apartment opportunities are strong enough to be economically feasible without assistance from the public sector. Because development costs and likely income and operating costs will not change significantly from those shown in the pro-formas, the most apparent form of public assistance or subsidy appears to be a substantial, or total, write-down of the cost of the land. Perhaps while awaiting a stronger market, the consultant feels that the City could undertake some steps to enhance the marketability of the Silver Terrace redevelopment area. If nothing else, they feel that the relocation of the trailer park from its present site to the northwest corner of the redevelopment area would be a very positive undertaking. This would provide for a commercial parcel directly linked to the Delray Mall, and provide additional commercial frontage on Federal Highway. The relocation of the trailer park would substantially enhance the desirability of retail development and, overtime, significantly increase the land value of the present trailer park site. In conclusion, there are options and market potentials for improvement of the Silver Terrace Redevelopment Area. Some options will require significant public financial assistance or incentives. The City will need to evaluate its funding capability to undertake the costs it would need to bear against the likely future return on its commitment. Draft of Silver Terrace Redevelopment Plan Page 20 VI. THE CITY'S RECOMMENDATIONS AND CONCLUSIONS SUPPORT DOCUMENT # 2 OPEN SPACE AND RECREATION ZONIN~ DISTRICT COMPREHENSIVE PLAN AMENDMENT 94-2 SUPPORT DOCUMENT # 2 OPEN SPACE AND RECREATION ZONING DISTRICT Purpose: This report examines a change in the City's philosophy regarding the zoning of parks, open spaces, and community facilities. The change has resulted in two distinct zoning districts addressing park-like properties and a third zoning district for structures of community use. The driving principle for these designations is that certain open space properties (OS) should remain passive and should prohibit commercial activities, while others (OSR) lend themselves to active recreation, such as golf courses and Little League fields, able to support a certain level of commercial activity. A third category (CF), is oriented to buildings such as government facilities, churches, and schools as distinct from open spaces. Applicable Policies from the Comprehensive Plan: OPEN SPACE & RECREATION ELEMENT: Policy B-2.3 The Open Space (OS) Zone District of the Land Development Regulations shall be applied to "Open Space" and "Conservation" parcels. Recreational facilities shall be accommodated under the Community Facilities (CF) Zone District. The OS Zone shall provide for distinct standards applicable to open space lands and to conservation lands. (cl) [LDR's Section 4.4.22]. FUTURE LAND USE ELEMENT: RECREATION & OPEN SPACE LAND USE: This designation applies to public recreational areas (such as municipal parks), to open space areas, and to conservation areas. Open space areas include canals, waterways, beaches, shores, estuarine systems, golf courses, private open (common) areas within planned developments, and undevelopable parcels. Public recreational areas which also have indoor facilities (e.g. community centers) are more apt to be shown as "Community Facilities". The conservation properties are those lands shown on the Conservation Map. Land shown under this designation shall not be used for any purpose other than recreation, open space, or conservation. COMMUNITY FACILITY LAND USES: This designation is applied to current and future school sites~ to current and future sites for public buildings~ and to current and future sites for public facilities e.g the wastewater treatment plant and well field protection zone %1. It is also applied to single function (purpose) buildings which have been constructed for community related purposes (e.g. churches) and which are not commercial in nature. However, not all community facilities are required to be shown under this designation. Small sites are not shown nor are the locations of governmental services (e.g.H.R.S.) which lease common office space, nor are church congregations which do not have a single purpose building that is not likely to be replaced in the long term. SEE TABLE L-6, LAND USE DESIGNATION/ZONING MATRIX Background: The Community Facilities (CF) zoning district was created in 1986 to define uses which serve the community as a whole. Uses such as government services, churches, parking structures and -- parks were included. The CF district was revisited in 1991 in response to the desire to limit the inclusion of "commercial uses" in the parks. These uses involve concessions under ___ agreement with the City. In the ensuing discussions, it was determined that the CF district was simply too broad, covering too diverse a group of uses. As an example, a golf course equated to a courthouse in this district. The resulting -- approach was to establish three separate zoning districts, Open Space (OS), Open Space and Recreation (OSR), and Community Facilities (CF). -- The OS district addresses "passive" open space tracts. These include water bodies, the municipal beaches, passive parks, and _ conservation areas. The OSR district is appropriate for primarily outdoor tracts of a more active nature. Parks, ballfields, recreation facilities, -- and golf courses are included. These are also the areas which may support "commercial activities" such as concessions, and club houses and restaurants as accessory uses. Cemeteries were -- also included in OSR since the City maintains a mausoleum under contract with a private business. The CF district is oriented to properties which provide services to the community as a whole in a primarily indoor setting. Uses allowed include government buildings, religious facilities, social centers (abused spouse, child care), cultural centers, -- educational facilities, health care facilities (hospitals, ACLF), transportation facilities, parking facilities, stadiums, and community residential facilities. Certain recreation uses _ are also included, such as community centers, tennis centers and swimming centers. Page 2 EXISTING Page 3 Recommended Changes to the Comprehensive Plan= OPEN SPACE & RECREATION ELEMENT: Policy B-2.3 The Open Space (OS) and Open Space and Recreation (OSR) Zone District~ of the Land Development Regulations shall be applied to "~ecreation"t "Open Space" and "Conservation" parcels. R~gX~Z ~~¢~ The OS Zone shall provide for distinct standards applicable to open space lands and to conservation lands. (cl) [LDR's Section 4.4.22]. FUTURE LAND USE ELEMENT: COMMUNITY FACILITY LAND USES: This designation is applied to current and future school sites; to current and future sites for public buildings; and to current and future sites for public facilities e.g the wastewater treatment plant and well field protection zone %1. It is also applied to single function (purpose) buildings which have been constructed for community related purposes (e.g. churches) and which are not commercial in nature. However, not all community facilities are required to be shown under this designation. Small sites are not shown nor are the locations of governmental services (e.g.H.R.S.) which lease common office space, nor are churches Zd ~X~ Z~d~ ~/ that do not include substantial accessory, uses such as educational facilities. SEE REVISED TABLE L-6 ************************** Appendices: * Ordinances _ T: \advanced\OSR1 · age 4 _ REVISED SUPPORT DOCUMENT #3 POST DISASTER RECONSTRUCTION COMPREHENSIVE PLAN AMENDMENT 94-2 SUPPORT DOCUMENT # 3 POST-DISASTER RECONSTRUCTION Introduction: This report addresses a change in the direction of the City's philosophy relative to the reconstruction of buildings substantially destroyed by disaster. For purposes of the report, disaster includes uncontrollable catastrophic events such as fire, flood, tornado and hurricane. Under current regulations, structures destroyed by such disasters, to an extent which exceeds 50% of the replacement value, may only be rebuilt in accordance with current height and density requirements. The shift in the City's position is to allow the structures to be rebuilt at the same density and intensity as existed on the property prior to the disaster, for a period of one year, subject to the restrictions referenced in this report. The effect of allowing this "grace period" would be, in some cases, to extend non-conforming use situations. An attachment to this report is back up material from a recent Planning and Zoning Board workshop which provides more detailed information on the subject. Applicable Policies from the Comprehensive Plan: The following policies from the adopted Comprehensive Plan have applicability to this report: COASTAL MANAGEMENT ELEMENT _ Inventory and Analysis, Pg. III-F-ii, last diamond · Post disaster redevelopment is to replicate existing land uses (low intensity residential, public access to beach) with the exception that high-rise housing structures and resorts which are currently nonconforming would not be able to reestablish themselves. In that post-disaster redevelopment will be less intense than existing development, services and facilities are adequate to accommodate the existing population. Also, since the high vulnerability area is already in beach use and 75% publicly owned, it is anticipated that there will be little opportunity for public acquisition or other corrective measures to be implemented for mitigation and reduction of hazards in future episodes. There are no instances of repeated damages in coastal storms. Policy C-3.4: Whenever a structure is damaged to an extent of greater than 50% of its value, it shall not be reconstructed unless such reconstruction complies with the requirements of the zoning district which applied to the property and with the policies of the Coastal Management Element of the Comprehensive Plan. (c6) Policy C-3.6: Development in the Coastal Zone shall be subject to the same findings of concurrency as is required for other development in the City and shall additionally include a finding that such development is consistent with the densities proposed by the Future Land Use Element and is consistent with coastal resource protection and safe evacuation programs. (c12) 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 conservation. There shall be no commercial development nor water-dependent development (except the beach) or water-related uses along the shoreline which abuts the beach. Residential development shall not exceed a height greater than 48' 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)] Policy D-3.2: The long range redevelopment poruion shall provide for land use and character of development which presently exists except that the height of reconstructed buildings shall be limited to the then current height regulations of the City. Policy D-3.4: Whenever a structure is damaged to an extent of greater than 50% of its value, it shall not be reconstructed unless such reconstruction complies with the requirements of the zoning district which applied to the property and with the policies of the Coastal Management Element of the Comprehensive Plan. (c6) FUTURE LAND USE ELEMENT Objective C-5: The relationship between coastal area population and measures for evacuation in the event of a hurricane shall be enhanced through the requirement that redevelopment of existing properties in the coastal zone shall be consistent with the Future Land Use Map as opposed to reconstruction to current intensities. (b5) Page 2 _ Backqroun~: The City's coastal area is characterized by residential uses, accounting for over half the land area. Other uses include recreation (11%), commercial (6%), and right of way. The residential is generally single-family homes and low-rise multi-family structures. .Over time, particularly in recent years, the City has taken conscious steps to maintain its "village by the sea" character. These steps included reducing densities and building heights. These changes have the effect of making a number of existing structures non-conforming. Under the normal situation of the turnover of existing housing stock, the City's position relative to redevelopment creates no Particular hardship for property owners. The evolution of building restrictions is viewed by developers as an anticipated cost of business. In the special case of rebuilding after a disaster, however, restrictions on rebuilding of existing structures could represent a major hindrance to recovery. As an example, after Hurricane Andrew, a priority was to rebuild housing to provide shelter; such issues as density become secondary during the immediate period of recovery. In disaster situations, other problems with strict compliance to the non-conforming ordinance requirements include insurance limitations, loss of ownership rights, loss of tax revenue, and difficulties in obtaining financing. Several other jurisdictions have addressed this issue. Dade County, City of Boca Raton, and Town of Highland Beach have all adopted modifications to their non-conforming structures ordinances in the case of destruction of the structure by disaster. These modifications range from a "waiver" of the density regulations for one year to a complete exemption from the requirements in a disaster situation. Proposed Criteria: The City's Planning and Zoning Board Committee on Nonconforming Uses proposes to allow nonconforming residential, hotel, motel and resort dwelling unit structures to be rebuilt as they were prior to the disaster for a period of up to one year. The disaster in question need not be areawide; it could include an individual incident (such as a fire). The structure could be rebuilt to previous height and density, but must meet current fire and building codes and comply as closely as possible with current parking and landscape requirements. Impacts of Proposed Criteria: Current evacuation times and capabilities are adequate to evacuate the existing population from the barrier island and coastal area. Therefore, allowing a "grace period" to Page 3 reconstruct at present densities will have no adverse impact upon evacuation capabilities. There are no traffic problems in the coastal area. The proposed "grace period" will have no adverse impact upon traffic. Recommended Changes to the Comprehensive Plan: COASTAL MANAGEMENT ELEMENT Inventory and Analysis, Pg. III-F-ii, last diamond · Post disaster redevelopment is to replicate existing land uses (low intensity residential, public access to beach) with the exception that high-rise housing structures and resorts which are currently nonconforming would not be able to reestablish themselves. An exception to this restriction exists for one year following destruction of a residential~ hotel~ motel~ or resort dwelling unit structure through disaster. Structures may be rebuilt to pre-disaster densities and heights if an application for permit is submitted within one year of the disaster. ~ Z~ ~~~ ~~~E W~ ~ facilities are adequate to accommodate the existing population. Also, since the high vulnerability area is already in beach use and 75% publicly owned, it is anticipated that there will be little opportunity for public acquisition or other corrective measures to be implemented for mitigation and reduction of hazards in future episodes. There are no instances of repeated damages in coastal storms. Policy C-3.4: Whenever a structure is damaged to an extent of greater than 50% of its value, it shall not be reconstructed unless such reconstruction complies with the requirements of the zoning district which applied to the property and with the policies of the Coastal Management Element of the Comprehensive Plan~ except as provided in Policy C-3.7. (c6) Policy C-3.6: Development in the Coastal Zone shall be subject to the same findings of concurrency as is required for other development in the City and shall additionally include a finding that such development is consistent with the densities proposed by the Future Land Use Element~ except as provided in Policy C-3.7~ and is consistent with coastal resource protection and safe evacuation programs. (c 2) Policy C-3.7 (NEW): Whenever a residential~ hotel~ motel~or resort dwelling unit structure is destroyed to an extent of greater than 50% of its value by disaster~ the structure may be rebuilt to pre-disaster densities and heights if permit applications are submitted within one year following the disaster. Page 4 Current fire and buildinq codes shall be met~ current parkinq and landscape requirements shall be complied with as closely as possible. For purposes of this policy, disaster means any non-self imposed catastrophic damaqe includinq~ but not limited to~ fire~ flood and storm. 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 conservation. There shall be no commercial development nor water-dependent development (except the beach) or water-related uses 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)] Policy D-3.2: The long range redevelopment portion shall provide for land use and character of development which presently exists except that the height of reconstructed buildings shall be limited to the then current height regulations of the City~ except as provided in Policy C-3.7. Policy D-3.4: Whenever a structure is damaged to an extent of greater than 50% of its value, it shall not be reconstructed unless such reconstruction complies with the requirements of the zoning district which applied to the property~ except as provided in Policy C-3.7~ and with the policies of the Coastal Management Element of the Comprehensive Plan. (c6) FUTURE LAND USE ELEMENT Objective C-5: The relationship between coastal area population and measures for evacuation in the event of a hurricane shall be enhanced through the requirement that redevelopment of existing properties in the coastal zone shall be consistent with the Future Land Use Map as opposed to reconstruction to current intensities, except as provided in Coastal Management Policy C-3.7. (b5) T: \advanced\R~BUILD1 Page 5 SUPPORT DOCUMENT #4 ROCKLAND SUBDIVISION LAND USE AMENDMENT PLANNING AND ZONING BOARD ClTY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: July 18, 1994 AGENDA ITEM: V.D. ITEM: FLUM Amendment for Rockland Park. GENERAL DATA: Owners ................... /mdre Baldzana, RLchard Baldzane, Jessica Olmetead, Phil Polizotto, and Marie Contract Purchaser ....... Jeffrey Kukes Location ................. Approximately 2800 feet north of Atlantic Avenue, off the west side of Military Trail. City Advtso~ ~nd Use Map Destgnattoa .......... ~um ~nslty Residential County ~nd Use ~ap Designation .............. ~-3 (Residential with a ~xim~denstty of 3 units/ac=e) Cur=ent County Zoning .... ~ (Agricultural Residential) - P~ Pro~s~ City Zoning ..... ~ (Multiple F~tly Residential - AdJacen~ Zontng...Nor~h= ~ Ea8[~ S~ (S~ial Activities District), South~ ~ (Single F~Lly Restden[ial) Existing Land Uso ........ Vac~[ Residential* Wa~e= Sentce ............ Exlo~lng ll- ~ater ~ln along the east side of Mtlt~a~ ~ratl wt~h stub outs ~o Conklln Drive and ~vern Drive. station Conklln Drive, approximately 300 I T E M B E F O R E THE BOA R D= The action before the Board is making a recommendation to the City Commission on a privately initiated Future Land Use Map Amendment changing the land use designation from County LR-3 (Low Residential 3 units per acre) to City Medium Density Residential (5-12 units per acre). The subject property is a vacant parcel located on the west side of Military Trail, approximately 2,800 feet north of Atlantic Avenue, known as a portion of Rockland Park Subdivision. Pursuant to Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map. BACKGROUND: The 11.63 acre parcel which is located in unincorporated Palm Beach County, within the City's designated planning and service area In 1989, this property was given an advisory FLU]4 designation of Medium Density Residential. It is designated on the County's FLUM as LR-3 (Low Density Residential - 3 units per acre). An -- Annexation and initial zoning of the property is being processed concurrently and is addressed in a separate staff report. PROJECT DESCRIPTION= Although there is no development proposal for the parcel at this time, the following information is provided regarding the future development of the parcel. The application submitted with this proposal indicates multiple family residential as the proposed use. The applicant has also submitted preliminary traffic information indicating a density -- of 12 units per acre for the site. Development of the site will require the processing of a site plan including submission of complete traffic information. At the time of site plan _ approval, the Site Plan Review and Appearance Board must make specific findings of compatibility with adjacent properties to permit development at this density. Additionally, processing of a plat and abandonments of the existing, unimproved -- rights-of-way will be required. COMPREHENSIVE PLAN ANALYSIS= Consistency Between City and County Designations= _ The current Palm Beach County Future Land Use Map Designation for the property is LR-3 (Low Residential - 3 units per acre). P & Z Staff Report Rockland Subdivision - FLUM Amendment Page 2 The current City advisory Future Land Use Map designation is Medium Density Residential (5-12 units per acre). The City's designation will allow a higher density than the County FLUM. The City's advisory FLUM designation has been in place since the approval of the Comprehensive Plan in November, 1989. Upon annexation and approval of Plan Amendment 94-2, the City's FLUM designation will become effective. Consistency with Adjacent Future Land Use Map Designations and Land Uses~ The subject parcel is bordered on the north by an existing single family development (the remainder of Rockland Park) which is designated LR-3 (Low Residential - 3 units per acre) on the County's FLUM. To the south and west of the parcel is an existing multi-family development designated LR-8 (Low Residential 8 units per acre) on the County's FLUM. All of these parcels have been assigned an advisory designation of Medium Density Residential (5-12 units per acre) on the City's FLUM. To the east of the property and across Military Trail is an existing multi-family development (High Point) which is designated as Medium Density Residential and an existing commercial development (the Extra Closet) which is designated as Transitional on the City's FLUM. Given the parcel's location adjacent to primarily residential development at densities consistent with the city's Medium Density Residential designation, the Medium Density Residential designation is appropriate for the subject parcel. Allowable Zoning and Land Uses~ Pursuant to the proposed FLUM designation of Medium Density Residential, zoning districts which permit single family dwelling units (R-l-A, R-I-AA, R-l-AA-B, R-i-AAA, and R-i-AAA-B), multiple family dwelling units (RM and RL), a mix of housing types (PRD), as well as CF and OS are considered consistent. As previously stated the applicant is seeking RM zoning for the parcel. The proposed zoning is consistent with the proposed Future Land Use Map designation. Service and Concurrency Implications~ The proposed FLUM designation is the current City Advisory FLUM designation. In the preparation of the Delray Beach Comprehensive Plan, the FLUM designations were assigned with consideration given to the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. Thus, the act of officially adopting the City's advisory FLUM designation has no impact on the provision of City services and concurrency. P & Z Staff Report Rockland Subdivision - FLUM Amendment Page 3 However, as the proposed FLUM amendment is technically from Palm Beach County LR-3 to City Medium Density Residential, the impact of the change with respect to traffic has been assessed. The applicant has submitted a traffic study for the proposed FLUM Amendment. This analysis is based on the figures included in that study. The number of trips which could be generated by the development of the parcel under the current FLUM designation is 348: 11.6 acres * 3 units/acre = 34.8 units 34.8 units * 10 ADT/unit = 348 ADT. As identified in the Annexation and initial zoning staff report, concerns regarding the ability of the project to meet traffic concurrency requirements are noted. In order for a positive finding of concurrency to be made at the time of site and development plan submittal, a full traffic study showing the distribution of the trips created by the project must be submitted. Land Use Compatibllitys The subject property is bordered to the north by a single family subdivision which is partially developed (Rockland Park). To the west and south of the parcel is an existing multiple family development (High Point West). Both of these areas are under Palm Beach County Jurisdiction and have been designated as Medium Density Residential on the Delray Beach FLUM. The County is engaged in an ongoing process to bring their FLUM designations into compliance with the City FLUM within the City's future annexation area. The surrounding areas will be addressed with future amendments. To the east of the parcel is an existing mini-warehouse development (the Extra Closet), a multi-family residential development (High Point), and the existing Post Office. The FLUM designations on those parcels are Transitional, Medium Density Residential, and Community Facilities, respectively. Ail of those designations are compatible with the proposed FLUM for the subject parcel. REVIEW BY OTHERS: The proposed FLUM amendment is not in a geographic area requiring review by either the HPB (Historic Preservation Board ), DDA ( Downtown Development Authority) or the CRA -- (Community Redevelopment Agency). On June 29, notice of the proposed FLUM amendment was sent to -- the Palm Beach County Planning Division. To date no formal response has been received. P & Z Staff Report Rockland Subdivision - FLUM Amendment Page 4 On June 28, notice of the proposed amendment was sent to the IPARC Clearinghouse. To date no formal response has been received. Neighborhood Notice~ Formal public notice has been provided to property owners within a 500' radius of the subject property. A special certified notice has been sent to the property owner of record. Courtesy notices have been sent to the following individuals and groups who have requested notification of petitions in that area: * Helen Coopersmith Progressive Residents of Delray *Jack Kellerman High Point * Art Jackel United Property Owners Letters of objection, if any, will be presented at the P & Z Board meeting. ASSESSMENT AND CONCLUSIONS: The subject parcel is vacant land with a current City advisory Future Land Use Map designation of Medium Density Residential. Ail adjacent properties have existing land uses which are compatible with the proposed designation. As required positive findings can be made for the amendment, as well as for the associated Annexation and initial zoning, the proposed amendment to the Future Land Use Map is appropriate. ALTERNATIVE ACTIONS: A. Continue with direction. B. Recommend approval of the proposed amendment to the Future Land Use Map. C. Recommend denial of the proposed amendment to the Future Land Use Map. STAFF RECOMMENDATION: Recommend to the City Commission approval of an amendment to the Future Land Use Map Designation for the south 420.01 feet of the south 1/2 )~ the NE 1/4 of the NE 1/4 of Section 14, Township 46 p & Z Staff Report Rockland Subdivision - FLUM Amendment Page 5 south, Range 42 east, less the Military Trail right-of-way A/K/A a portion of the Rockland Park subdivision. -- Attachment: -- * Location Map jef~nPerkinst Planner Report prepared bY : ~~' ~~ ~//~ /~ Reviewed by PD on : '" ' ~ ~ --' HIGHPOINT WI~ST SPENCE PROPERTY AV HUE - ~ t,l~ - SUPPORT DOCUMENT # 5 S.W. 10TH STREET AREA LAND USE AMENDMENT PLANNING & ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: July 18, 1994 AGENDA ITEM: V,C. ITEM: FL~'! Amendment for the Industrial Area at S.W. loth Street between S.W. 12th Avenue and S.W. 15th Avenue. III I _ , IlJllilllllllllll: m ~m GENERAL DATA: Proper=y ~ners .......... Fred ~ Felicla Tan~lmonLco~ Herber~ R. Reeves~ Hen~ Colo~l~ Mar~orie D. S~ephens~ CKE Proper~les~ Inc.~ N. Franz, J.G. Delk, S.W. Klnna~rd, a ~C Group. Appl~can~ ................ David T. Harden, C~y Manager Cl~y of Delra~ Beach Location ................. North s~de of S.W. 10~h S~ree~, between S.W. 12th Avenue and S.W. 15~h Avenue. Pro~r~y SLze ............ 9.8 Acres Existing C~y ~nd Use ~p Des~gna~Lon .......... Transitional Pro~s~ CL~y Land Use Map Designa~on .......... Co~erce Existing Cl~y Zoning ..... ~ (Medium Density Proposed C~y Zoning ..... hi (L~gh~ Industrial Ad]acen~ Zon~ng...Nor~h= ~ a CF (Co~un~y Sou~h~ I (Industrial) ~est~ I ~xlstlng Land Use ........ The property contains a 4,800 sq.ft. indust~lal building, ~ duplexes, 3 City water ~ells and vacant land. Water i Sewe~ Service .... Available via existing mains located within adjacent st=eets. V.C. I T E M BEFORE THE BOA RD= The item before the Board is that of making a recommendation on a City initiated Future Land Use Map Amendment from Transitional to Commerce. The affected properties are located on the north side of S.W. 10th Street, between S.W. 12th Avenue and S.W. 15th Avenue and contain approximately 9.8 acres. PROJECT DESCRIPTION~ The proposal is to change the land use designation on the properties from Transitional to Commerce. The affected properties are located on the north side of S.W. 10th Street, between S.W. 12th Avenue and S.W. 15th Avenue. The land under consideration is comprised of 9.8 acres under 6 ownerships consisting of the following (east to west)= * FDK Plat ("A Light Industrial Development for Franz/Delk/Klnnaird) which is currently vacant land~ * Lots 1 and 14, Block 6, Replat of Delray Beach Heights Extension, Sections A & B, containing two duplexes~ * Block 4, Replat of Delray Beach Heights Extension, Sections A & B, which is currently vacant and contains two (2) City wells} and, * Block 3, Replat of Delray Beach Heights Extension, Sections A a B, and that portion of property lying east of Block 3 and west of Auburn Avenue/S.W. 14th Avenue. The property is mostly vacant with a 4,800 sq.ft, industrial building and one (1) City well The above properties excluding Block 3 have been identified in the Community Redevelopment Agency's Plan (adopted May 26, 1992) as a portion of sub-area %8 which the CRA recommends revert back to industrial. The industrial portion of sub-area %8 is bounded by S.W. 10th Street on the south, S.W. 8th Street on the north, S.W. 12th Avenue on the east and S.W. 15th Avenue on the west. Block 3 was not included in the CRA Plan however it was part of the area which was removed from the industrial zoning and land use classifications, and has been identified in recent land use actions as a property that should be considered with any future land use or zoning actions. BAC KG ROUND~ The affected properties were zoned multiple family residential (RM-15 and RM-6) until 1984. At this time, several privately sponsored land use map amendment and rezoning petitions were processed, which included the King Industrial Park property, to change the zoning classification of the properties to the old LI (Light Industrial) zone district. Thus, the affected properties, except the duplexes, were rezoned to LI. P & Z Board Staff Report Future Land Use Map Amendment from Transitional to Commerce - S.W. 10th Street Industrial Area Page 2 With the adoption of the Comprehensive Plan in November, 1989, the land use map designation for these properties was changed from Industrial to Transitional. The rezoning and land use actions occurred in response to the adoption of the Palm Beach County Wellfield Protection Ordinance and identified local problems and perceptions. At that time the City was involved in the Aerodri pollution cleanup. Given the abundance of small industrial uses adjacent to and within the Series 20 Wellfield, the Aerodri situation and vacant land in the wellfield, the City chose to eliminate the industrial zoning on these vacant parcels. Subsequently, with the Citywide rezoning and adoption of the Land Development Regulations of 1990, the properties were rezoned from LI (Light Industrial) to BM (Medium Density Residential). In conjunction with Comprehensive Plan Amendment 92-2, the City considered a future land use map amendment from Transitional to Industrial for King Industrial Park, which is located between S.W. 13th Avenue and S.W. 14th Avenue, within the area for which a land use plan amendment is now being considered. Staff's analysis of the request indicated that the provisions of the County's Wellfield Protection Ordinance make it possible to allow industrial zoning in the area of wellfields and still protect the wellfields. In addition, the creation of a new light industrial zone district was recommended to provide use and buffering restrictions to address the potential negative effects of certain industrial uses abutting residential development. Thus, on December 28, 1992, the City Commission approved the Land Use Map Amendment for King Industrial Park together with Comprehensive Plan Amendment 92-2 subject to adoption of a new Light Industrial zoning district. The analysis also stated that if the King amendment were approved a similar land use designation should be considered for the properties within the Community Redevelopment Agency's Proposed Industrial Area and Block 3, Delray Beach Heights Extension, Sections A & B. The land use plan amendment for the CRA's area was not to occur until the Light Industrial zone district was created. In February, 1993, the new LI (Light Industrial) zone district was adopted, thus fulfilling Land Use Element Policy A-5.15. Among the standards are restrictions as to the use, storage and handling of regulated substances identified in the Palm Beach County Wellfield Protection Ordinance. On September 28, 1993, Comprehensive Plan Amendment 93-1 was adopted, which removed objectives and policies that have been addressed with respect to wellfield protection and industrial uses within wellfield areas. Regulations were installed and a new "clean" industrial zone district created which made the objectives and policies no longer applicable. Thus, now that the regulations are in place, the land use map amendment to formally change the properties from Transitional to Commerce (industrial) is now before the Board for action. P & Z Board Staff Report Future Land Use Map Amendment from Transitional to Commerce - S.W. 10th Street Industrial Area Page 3 LAND USE MAP AMENDMENT ANALYSIS: Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives or policies were found as they relate to the proposed commerce land · use designation. As previously stated, Comprehensive Plan Amendment 93-1 deleted objectives and policies that related to wellfield protection and industrial uses within wellfield areas, as regulations were installed into the Land Development Regulations which made the objectives and policies no longer applicable. Community Redevelopment Aqen¢¥'s Plan: The proposed land use map amendment incorporates a portion of the CRA's sub-area #8 identified in the CRA Plan. A portion of the CRA's "industrial area" area was changed from 'Transitional to Industrial in 1992 (King Industrial Park). The CRA Plan recommends that the properties be returned to the previous industrial land use designation. The purpose of the CRA's recommendation is to increase the amount of industrially zoned land for clean industrial uses which will not impact the adjacent wellfield. With the adoption of the LI zoning district, concerns with respect to uses, wellfield ~rotection, and buffering from adjacent residences were addressed. 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. In conjunction with the Future Land Use Map Amendment, a rezoning from RM (Medium Density Residential to LI (Light Industrial) is also proposed in order to create consistency between the land use designation and zoning map. The Commerce land use designation will allow the following zoning classifications: LI (Light Industrial), MIC (Mixed Industrial and Commercial), and PCC (Planned Commerce Center). While the King property was given an Industrial land use designation, Commerce is most appropriate for this area, given the proximity to the wellfield. If the land use map amendment is approved, the duplexes will become a nonconforming use. As a nonconforming use, they may continue to operate for residential purposes provided they do not become vacant for a period in excess of 6 months. Given the fact that the property is basically surrounded by industrial uses, the eventual elimination of the duplexes, and redevelopment to accommodate industrial uses is appropriate. P & Z Board Staff Report Future Land Use Map Amendment from Transitional to Commerce - S.W. 10th Street Industrial Area Page 4 Adjacent Land Use MaD Designations & Land Uses~ North of the affected properties is zoned RM (Medium Density Residential) and CF (Community Facilities); northeast and east are zoned RM; and west and south are zoned I (Industrial). The existing land uses to the north are the Catherine Strong Center and a drainage retention area for the Auburn Trace multiple family development; northeast is the Carver Estates multiple family development; east are four (4) duplexes and vacant land; and, south and west are existing industrial uses. King. Industrial Park is situated between the affected properties and has a land use designation of Industrial and is zoned RM. Rezoning of this property is to occur with the associated rezoning of the properties in question. Compatibility with the adjacent residences is not a major concern. The adjacent residences are separated from the proposed industrial properties by public streets which have 50' wide rights-of-way. With respect to the Carver Estates development, which has the greatest amount of frontage adjacent to the proposed industrial properties, a majority of that frontage consists of a recreation area containing a baseball field and basketball courts. Further, sufficient regulations currently exist i.e. restricted uses and buffering to mitigate adverse impacts of the industrial uses [ref. LDR Sections 4.6.4(B) and 4.4.26(F),(G), & (H)]. Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be me= and a determination made tha~ the public facility needs of the requested land use and/or developmen~ application will not exceed the ability of the CL~y to fund and provide, or to require the provision of, needed capital improvements for the following areas~ Water & Sewer: Water service currently exists within the streets adjacent to the properties. Sewer service exists within the streets adjacent to the properties, excluding S.W. 13th Avenue and a portion of S.W. 15th Avenue. With future development any main extensions and/or upgrades will be the responsibility of the developer. Development of these properties will not cause an adverse impact on level of service standards. Drainaqe: As a majority of the properties are currently vacant, there are no problems anticipated with the ability of future development retaining drainage on-site and complying with Lake Worth Drainage District and South Florida Water Management District Standards. P & Z Board Staff Report Future Land Use Map Amendment from Transitional to Commerce - S.W. 10th Street Industrial Area Page 5 -- Streets and Traffic: Traffic impacts from allowable industrial uses would either be equal to or less than traffic impacts resulting from uses allowed by the zoning districts applicable to the Transitional land use designation (NC (Neighborhood Commercial), POC (Planned Office Center) and RM (Medium Density Residential 5-12 u/a)]. Thus, the land use map amendment to Commerce should not create an adverse impact on this level of service standard. - It is noted that the major roadway adjacent to this area is S.W. 10th Street, a City collector. This roadway link (between Wallace Drive and Congress Avenue), is currently over capacity, however, widening of this portion of the roadway adjacent to these properties is scheduled for October 1994. Parks and Recreation: The change from Transitional to Commerce will decrease any additional demand on the City's park facilities. Solid Waste: Trash generated by the proposed industrial uses would be equal to or less than trash generated from the uses allowed by the zoning districts applicable to the Transitional land use -- designation (NC (Neighborhood Commercial), POC (Planned Office Center) and RM (Medium Density Residential 5-12 u/a)]. Thus, development of these properties under the Commerce land use -- designation should not create an adverse impact on this level of service standard. REVIEW BY OTHERS ~ The rezoning is not in a geographic area requiring review by the HPB (Historic Preservation Board) or the DDA (Downtown -- Development Authority). Community Redevelopment Agency _ At its meeting of July 14, 1994, the Community Redevelopment Agency reviewed and recommended approval of the land use plan amendment. -- Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. _ ASSESSMENT AND CONCLUSION~ The Future Land Use.Map Amendment from Transitional to Commerce for these properties is Consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The land use amendment acts as a follow-up to the _ P & Z Board Staff Report Future Land Use Map Amendment from Transitional to Commerce - S.W. 10th Street Industrial Area Page 6 King Industrial Park land use plan amendment of 1992. With the Palm Beach County Wellfield Protection Ordinance and its provisions, it is possible to allow industrial zoning in the area of wellfields and still protect the wellfields. With the adoption of the LI zone district, regulations are in place to limit uses and provide buffering to address impacts of industrial uses on the adjacent residential developments. ALTERNATIVE ACT I ON8 ~ A. Continue with direction. ~ B. Recommend approval of the Future Land Use Map Amendment from Transitional to Commerce 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 Transitional to Commerce based upon a failure to make a positive finding with respect to Chapter 3.3.2 " (Compatibility). STAFF RECOMMENDAT I ON ~ Recommend to the City Commission approval of the Future Land Use · Map Amendment from Trans~tional to Commerce based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and policies of the Comprehensive Plan. Attachment: * Location Map 13 S.w. 10'11.1 ! ! N FUTURE LAND USE ,,.,._ ...,,,,., . MAP AMENDMENT cl~r¥ cl' O('l.J~Y I~AC3~, rL -- ~3~1',,~ ~4..~ M,4~ S't,'~'71'M -- SUPPORT DOCUMENT LEE PROPERTY LAND USE AMENDMENT PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: JULY 18, 1994 AGENDA ITEM: v.E. ITEM: FLUM Amendment for the Lee Property. GENERAL DATA: Owner .................... Satten K. Lee Applicant ................ WllliamPlum Agent .................... Roger G. Saberson Location ................. West of and adjacent to Klngsland Pines subdivision. Property 31ze ............ 16.15 Acres. County Land Use Plan ..... MR-5 Medium Residential (5 units/acre) Proposed City Land Use ~ Plan Designation ......... Low Density Residential (0-5 units/acre) Current County Zoning .... AR (Agricultural Residential) Proposed City Zoning ..... R-1-A (Single Family Residential ) Adjacent Zoning...North: AR East: RS (Single Family Residential) - PBC ~ South: PC (Planned Commercial) Wests AR and A (Agricultural)'~'~ Existing Land Uses ....... Existing single family residence and associated agricultural buildings. Proposal ................. Future Land Use Map amendment from County MR-5 to City Low Density Residential. Water Service ............ Nearest City water service is via a 8" water main serving Trail's End Plaza. Sewer Service ............ A septic system exists on-site. Nearest City sewer service is via a 8" sewer main serving Trail's End Plaza. V.E. ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation on a privately initiated Future Land Use Map Amendment changing the land use designation from County MR-5 (Medium Density Residential - 5 units per acre) to City LD (Low Density Residential 0-5 units per acre). The subject property is approximately 16 acres and located along Gallager Drive, north of Atlantic Avenue and west of Barwick Road. BACKGROUND: The parcel is within the City's planning area, which corresponds with the future annexation and utility service areas. Parcels within the planning areas have been given "advisory" City Future Land Use Map designations. Prior to 1989 the parcel was given an ART (Agricultural Residential Transitional) designation. With the adoption of the Comprehensive Plan in November, 1989 the designation was changed to Low Density Residential. The parcel has a County MR-5 (Medium Density Residential) Future Land Use Map designation and County Agricultural zoning. The property is developed with a single family home, two small horse stables and a mobile home. It has been utilized for many years as a horse farm with a portion devoted to a citrus grove. PROJECT DESCRIPTION: The applicant is seeking a change from the County MR-5 Future Land Use Map designation to the City's current designation of Low Density Residential. Accompanying the Future Land Use Map change is an annexation and initial zoning request to R-lA (Single Family). The annexation and initial zoning requests are addressed in a separate staff report which is before the Board concurrently. A Conditional Use request will be processed at a later time to establish an Adult Day Care Facility for Alzheimer patients. Access to the site is limited to the residential streets to the east of the site within the Franwood or Klngsland Pines subdivisions. These subdivisions are currently in unincorporated Palm Beach County. COMPREHENSIVE PLAN ANALYSIS: Current Land Use Designations: The current County Land Use Map designation for the site is MR-5 (Medium Residential - 5 units per acre). The City's current "advisory" land use designation for the site is LD (Low Density 0-5 units per acre). P & Z Staff Report Future Land Use Map Amendment Page 2 Requested Land Use Designation= The requested Future Land Use Map change is to the current City advisory Land Use Map designation of LD (Low Density). Adjacent Land Use MaD Des~gnations & Land Use: FLUM Designations= City County Subject property= Low Density Res (1-5 du) MR-5 Res Adjacent properties= North Low Density Res (1-5 du) MR-5 East Low Density Res (1-5 du) LR-3 South PC Planned Commercial N/A West Transitional C/8 Actual Land Use= Subject property= Single Family/horse farm/citrus grove Adjacent properties= North Rosacker Estate (single family) East Franwood Pines/Klngsland Pines (residential) South Delray Square shopping plaza West Boys Fruit Market ! Single family homes Allowable Land Uses= Under the proposed residential FLUM designation of Low Density, zoning districts which accommodate single family units (R-1-A thru R-l-AAA, RL and PRD) as well as CF,OSR, and OS are considered consistent. With these consistent zoning districts several institutional type uses are allowed as conditional uses including Adult Day Care. As previously stated the applicant will be seeking a R-1-A zoning district, with conditional use approval for an adult day care center at a later time. 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 are the same as those previously considered. Thus, the act of officially adopting the City's "Advisory" Land Use designations has no impact with respect to general notions of service delivery and concurrency. P & Z Staff Report Future Land Use Map Amendment Page 3 However, as the FLUM change is technically from MR-5 (County) to the City Advisory designation of Low Density the impact of the change with respect to traffic was assessed. The maximum development potential under the current County MR-5 FLUM designation will be 64 units (16 x 4 per ULDR Table 6.8-1) for a total of 640 daily trips. With annexation under the City Low Density FLUM designation a maximum of 80 units could be constructed (16 x 5) for a total of 800 daily trips. The potential increase of 160 daily trips or approximately 13 vehicles per hour is minimal and will have no negative effect on the residential street system or Barwick Road. As the applicant has indicated a desire to seek Conditional Use approval for an Adult Day Care Center a traffic comparison of that use was also provided. In summary the Adult Day Care Use is expected to generate approximately 171 daily trips or 629 less trips than single family home development under the City FLUM designations. Land Use Compatibility: The application of a Low Density Residential FLUM designation is compatible with adjacent land use designations. The proposed Low Density Residential will be bordered by County LR-3 (3 du per acre) to the east, County MR-5 Medium Density (5 du) to the north, Transitional and C\8 (County) to the west, and Commercial to the south. While the residential FLUM designation is compatible with the adjacent and surrounding land use designations this compatibility does not relate to any specific development proposals. Site specific compatibility of future development must be addressed at the Conditional Use and site development stages of the proposals. REVIEW BY OTHERS: The land use amendment request is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority), or the CRA (Community Redevelopment Agency). Public Notice: Formal public notice has been provided to all property owners within a 500 ft. radius of the subject property. Courtesy notices were also sent the following persons and/or entities; * Palm Beach County Planning * IPARC Clearinghouse * Helen Coopersmith (PROD) * Art Jackel (United Property Owners) P & Z Staff Report Future Land Use Map Amendment Page 4 AS S E S S ME NT AND C ONCLU S I ONS~ The proposed Future Land Use change from County MR-5 to City LD (Low Density) is a change to a designation of similar intensity. The request would adopt the City's advisory FLUM designation which has been deemed appropriate for the property since the adoption of the Comprehensive Plan in 1989. It is noted that a under the City Low Density designation a slight increase of residential units are possible (16 single family homes or 1 unit per acre). The potentisl increase is a function of the County requirement of a 20 acre minimum land area under PRD to qualify for five versus four units per acre in the MR-5 FLUM designation. These potential 16 additional single family units will have little to no effect on the adjacent properties. The consistency between the existing and proposed FLUM designations, and the consistency of the designations with surrounding residential FLUM designations support the requested change. ALTERNATIVES: A. Continue with direction. B. Recommend approval of the FLUM designation change from County MR-5 to City LD (Low Density) subject to conditions~ D. Recommend denial of the FLUM designation change with stated reasons STAFF RECOMMENDATION: By motion: Recommend approval of the FLUM designation change from County MR-5 to City LD (Low Density) for the Lee property based upon a finding that the proposed land use classifications are consistent with those that were previously approved with the adoption of the City's advisory land use classifications for unincorporated areas~ and that the intensity of the proposed FLUM designation is compatible with adjacent properties. Report prepared by: Paul Dorl£ng, Principal Planner a: leelua I~i°~'~__ il ~1~ : i" ~ I~- ~lllllllll"lill- iL- . , ATLANTIC , A VEN U.,[ ,, ,, // ~-~-~ F~URE ~ND USE MAP AMENDMENT / -- ~ ~ ~-~- ' ...... I I I I I CITY OF DELRAY BEACH. FLORIDA COMPREHENSIVE PLAN AMENDMENT #94-2 AND NOTICE OF CHANGE OF LAND USE The City Commission of the City of Delray Beach, Florida, will consider Amendment #94-2 to the City's adopted Comprehensive Plan. Amendment #94-2 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 proposed amendments to the City's Land Development Regulations relative to post-disaster reconstruction (one year period to rebuild to pre-disaster intensity despite current zoning district). * Changes to the Land Use/Zoning Matrix and other text to accommodate the recently enacted OSR (Open Space and Recreation) zoning district. * Amendment to the description of the Silver Terrace Redevelopment Area and related changes to other areas of the Comprehensive Plan. * The proposed amendments may affect the following elements: - Open Space and Recreation - Housing - Coastal Management - Future Land Use The changes to the FUTURE LAND USE MAP (FLUM) involve four parcels/areas of land which will be transmitted as a part of Amendment #94-2. Map Insert Legend Insert The City Commission will conduct a Public Hearing on Amendment #94-2 on TUESDAY. AUGUST 2, 1994, AT 7100 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 #94-2 to the State of Florida, Department of Community Affairs, for intergovernmental review and comment. Upon completion of that review, an additional advertised public hearing will be scheduled at which time the City Commission will consider adoption of Comprehensive Plan Amendment #94-2. Ail interested citizens are invited to attend the public hearing and comment upon proposed Comprehensive Plan Amendment #94-2 or submit their comments in writing on or before the date of this hearing to the Planning and Zoning Department. Copies of the proposed 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 FOR THIS PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: Delray Beach News CITY OF DELRAY BEACH July 25, 1994 Alison MacGregor Harty City Clerk Instructions to Newspaper: This notice must be at least a one-quarter (1/4) page ad, and the headline (CITY OF DELRAY BEACH, FLORIDA COMPREHENSIVE PLAN AMENDMENT #94-2 AND NOTICE OF CHANGE OF LAND USE) must 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. I _~ L.. i i. ~ CONORE~ A~UE ~ ~ ~ A~ : SW ¢ A~ ~ HIGHLY 0 140 ,-4 · c~ ~ ~ ~ ~0~ o ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER i SUBJECT: AGENDA ITEM $ ~ ~ - MEETING OF MAY 17. 1994 INITIATION/COMPREHENSIVE PLAN AMENDMENT 94-2 DATE: MAY 13, 1994 This is before the Commission to formally initiate Amendment 94-2 of the City's Comprehensive Plan. This amendment focuses on land use issues. Pursuant to LDR Section 9.2.1, "A Plan Amendment shall only be initiated by formal action of the City Commission." Recommend initiation of Amendment 94-2 of the City's Comprehen- sive Plan. CITY COMMISSION DOCUMENTATION TO: David T. Harden, City Manager FROM: Diano Domin~uoz, Dtro~t~,.._~ Planning and Zoning SIJBJ~..C~: M~ETING Ok' 1~¥ 17, 1994 INITIATION OF COMPRI~.I-I~NSIVE Pl'.hN J~d~I~NDMENT 94-2 ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of initiatinq Amendment 94-2 to the City's Comprehensive Plan. 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 Commission for formal action. BACKGROUND: The City is allowed to enact two amendments to its Comprehensive Plan each year. The first amendment (94-1) will be transmitted to the State for review after the Commission transmittal hearing on May 17, 1994. The second amendment (94-2) focuses on land use issues. The Planning and zoning Board will formally review this item at its meeting of May 16, 1994. After consideration, the Board's recommendation will be forwarded to the City Commission. RECOMMENDED ACTION: By motion, initiate Comprehensive Plan Amendment 94-2 pursuant to the recommendation of the Planning and Zoning Board. Attachment: * P&Z staff report of May 16, 1994 T:\advanced\CCINIT.DOC PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: May 16, 1994 AGENDA ITEM: VI.A. RECOMMENDATION TO THE CITY COMMISSION REGARDING THE INITIATION OF PLAN AMENDMENT 94-2 ITEM'BEFORE THE BOARD: The item before the Board is that of recommending to the City Commission those items which should be considered in Comprehensive Plan Amendment 94-2. Pursuant to LDR Section 9.2.1, amendments to the Plan must be formally initiated by the City Commission. BACKGROUND: The City is allowed to enact two amendments to its Comprehensive Plan each year. Our first amendment (94-1) will be transmitted to the State for review after the Commission's transmittal hearing on May 17, 1994. The second amendment (94-2), focuses on land use issues. The items proposed for consideration in Plan Amendment 94-2 include: CHANGES TO THE FUTURE LAND USE MAP: 1. Silver Terrace Redevelopment Plan, including a change to the Silver Terrace Subdivision, from Redevelopment Area %4 to a mix of Commerce, Transitional, and Medium Density Residential; and the Floranda Mobile Home Park, from Redevelopment Area %4 to Transitional. 2. An area north of SW 10th St. and east of 1-95 from Transitional to Commerce to accommodate light industrial zoning. 3. The Lee property, adjacent to the west side of Kingsland Subdivision, from Low Density Residential (County) to Low Density Residential (City) as part of an annexation request. 4. The Rockland Subdivision, west of Military Trail and south of Lake Ida Rd., from Low Density Residential (County) to VI.A. P & Z Board Staff Report Recommendation to the City Commission Regarding the Initiation Plan Amendment 94-2 Page 2 Medium Density Residential (City) as part of an annexation request. TEXT CHANGES: 1. Changes resulting from proposed LDR amendments related to post disaster reconstruction. 2. Changes to the Land Use/Zoning Matrix and other areas to accommodate the OSR zoning district. 3. Changes relative to the Silver Terrace Redevelopment Plan. SCHEDULE FOR REVIEW: The tentative schedule for processing Plan Amendment 94-2 is as follows: May 17: Initiation by City Commission July 11: P&Z Board Worksession as necessary July 18: P&Z Board Hearing August 2: City Commission Transmittal Public Hearing The City will request an ORC Report from DCA to shorten the overall processing time. Late October: Receipt of ORC Report Late December: Adoption RECOMMENDED ACTION: By motion, recommend that the City Commission initiate Comprehensive Plan Amendment 94-2, containing the material stated in this staff report. // Report prepared by: John Walker .~ ~c.:'r'~f~_ Reviewed By: Diane Dominguez ~/'~3~~~-- T: \advanced\PZ INITX