Ord 06-02ORDINANCE NO. 6-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DF.I.RAY BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP FROM GC (GENERAL
COMMERCIAL) TO MD (MEDIUM DENSITY
RESIDENTIAL 5-12 DU/AC) FOR A 0.763 ACRE PARCF. I.
OF LAND FOR PALM GROVE VII.I.AGE AS MORE
PARTICULARLY DESCRIBED HEREIN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING A GENERAL REPEALER
CLAUSE, PROVIDING A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Antonios Mama Rosa, Inc. is the fee simple owner of a 0.763 acre parcel of
land for Palm Grove Village, located at the Northeast comer of Royal Palm Boulevard and North
Federal Highway; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use
Map (FLUM) designation of GC (General Commercial); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of January 28, 2002 and voted 7 to 0
to recommend that the request be approved with the Advisory Future Land Use Map designation of
MD (medium Density Residential 5-12 du/ac) based upon positive findings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Future Land Use Map designation of the following property is hereby
officially affixed as MD (Medium Density Residential 5-12 du/ac):
Lots 1, 2, 3, 4, & 5, Block A of Royal Palm Gardens Plat No. 3 according to the Plat
thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida; recorded in Plat Book 21, page 57, less the following described
property deeded to the State of Florida; from the Southwest comer of Lot 3, Block A
of Royal Palm Gardens, Plat No 3 nm Easterly along the South line of said Lot 3 for a
distance of 29.00 feet; thence run in a Northwesterly direction along the arc of a curve
concave to the Northeast having a radius of 25 feet for a distance of 42.97 feet to a
point on the West line of said Lot 3; thence nm Southerly along the West line of said
Lot 3 for a distance of 29.00 feet to the Southwest comer of said Lot 3.
The subject property is located at the Northeast Comer of Royal Palm Boulevard and
North Federal Highway.
Section 2. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption heating, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4 That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 5. That this ordinance shall become effective thirty-one (31) days after adoption,
unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the
effective date of this amendment shall be the date a final order is issued by the Depa~ux~ent of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Depatnx~ent of Community Affairs, Bureau of Local Planning, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final readi.5_g on tl~s the
day of'~~ ,200,~_. ~ ~, ~~,~.~
City Clerk
First Reading' /~, ~gl0~.~
Second Reading~ ~,, ,~0,,q
MAYOR
ORD NO. 06-02
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~1: THE COt~ OF 0RD~N,~CES BY
~ENDING SECTION 244. 'GENER-
APPROVAL OF I.AJ~D USE AND
OE~ELOPMENT APPLICATIONS',
~..~,MI~EWaG PARAGRAPd (4L 'UT1-
TION", TO RRQVIOE FOR EXTEN-
- ~AIN~T THE CI1Y TO PREVENT
C~IS*mUCt~ RELATING TO A
Dt-'VELOPMEk'T N~oROVAL ImOVlD-
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mmnt'lo F $ 286 01C6
CITY OF DELRAY B EACH
: -NOTICE OF PROPOSED
LAND USE CHANGE
~ ~he following ~ ~ale amendmem to the Compre~e Plan
A small scsle Future Land Use Map amendment l~tOM GC (General
Gommercial) TO MI) (Medium Density Rg~clengal 5-12 du/ac) for a
0.763 acre parcel ofhnd for Palm Grove V'dlage, k~cated at the north-
.MARCli ,. 2002. AT 7-00 P.M. at Pompey Park Recreation Center,
1101 N.W. 2nd Street, Deiray Beaoh, Florida (o~ at any continuation of
such meeting). At this meeting the City Commit'on will consider adopt-
ing this .~rcmll ~ale :m~KIment to Ihe ~ure I~nd Use Map ~ir the
Comprehensive Plan. The title iff the enacting o~dinance ia as follows:
NO. 6-O2
AN ORIM~ANCE OF THE CITY COMMISSION OF THE CITY OF
DEI2~Y BEACH, FLORIDA, AMENDING THE ~ LAND
USE MAP FROM GC (GENERAL COMMERCIAL) TO MD (MEDI-
UM IDENSITY-RESIDENTIAL 5-12 DU/AC) FOR A 0.763 ACRE
PARCEL OF LAND FOR PALM GROVE VILLAGE AS MORE PAR-
TICULARLY_DESCRIBED HEREIN; ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING A
GENERAL RE~EALER CLAUSE, PROVIDING A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
All i~terest~ citize~ m'e invited to attend the public hearing and
comment upon the proposed Future Land Use Map amendment
or submit their comments in writing on or before the date of this
hearing to the Planning and Zoning Department. For further
information or to obtain copies of the proposed amendment,
please contact the Planning and Zoning Depattme~ City Hall,
100 N.W. 1st Avenue, Delray Beach, Florida 33~{ (e-mail at
pzmailOdelrayplanning.org, or by calling 561/243-7040),
between the hours of 8:00 a.m. and 5-00 p.m., Monday through
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL
ANY DECISION MADE BY THE crI'Y COMMISSION WITH
RESPECT TO ANY MATFER CONSIDERED AT THIS HEARING,
SUCH PERSON WILL NEED A RECORD OF THESE PROCEE~
INGS, AND FOR THIS PURPOSE MAY ~ TO ENSURE THAT
DENCE UPON WHICH THE APPEAL IS TO BE BASED. THE
~ DOES NOT PROVIDE NOR PREPARE SUCH RECORD.
PUBLISH:Boca Raton/Delmy Beach News
Monday, Feb~zy 25, 2002
- Ad · NS020299 ......
ii ~
crrY OF I)I~Y BF. ACH
Barbara Garito, CMC
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # [0~1~- REGULAR MEETING OF MARCH 5, 2002
ORDINANCE NO. 6-02 (AMENDING FUTURE LAND USE MAP)
MARCH 1, 2002
This ordinance is before Commission for second reading to amend the Future Land Use Map (small
scale) from GC (General Commercial) to MD (Medium Density Residential 5-12 du/ac) for 0.763
acre parcel of land for Palm Grove Village, located at the northeast comer of Royal Palm Boulevard
and North Federal Highway. The property is Lots 1 through 5, Block A of the Royal Palm Gardens
Plat #3 and contains 0.763 acres.
It is located within the "North Federal Highway Redevelopment Area". Guidelines for
redevelopment of this area are contained within the North Federal Highway Redevelopment Plan,
which identifies GC (General Commercial) as the appropriate Future Land Use Map and Zoning Map
designations for this property. The applicant proposes to aggregate the subject property with
additional property to the east and on the south side of Royal Palm Boulevard in order to develop a
residential development with a mix of 34 single family and 12 multiple family residential units on a
total of 4.623 acres a rezoning.
The Planning and Zoning Board held a public hearing in conjunction with the request. There were
two (2) people that expressed concerns with the potential incompatibility of the residential
classification with adjacent commercial uses. After discussing this proposal, the Board voted 7-0 to
recommend that the request be approved, based upon positive findings with respect to Future Land
Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and LDR
Section 3.1.1 (Required Findings).
At the first reading on February 19, 2002, The City Commission passed the Ordinance No. 6-02
unanimously.
Recommend approval of Ordinance No. 6-02 on second and final reading.
S:\C~ty Clerk\chevelle folder\agenda memos\Ord.6 02 03 05.02
TO:
THRU:
FROM:
SUBJECT:
DAV~j~ EN,(~M~NAG ER
P AU L/~,~ ,.~.~ I~.o.AND ZONING DI RECTOR
Sco'rT D. PAPE, SENIOR PLANNER
MEETING OF FEBRUARY 19, 2002
SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM GC
(GENERAL COMMERCIAL) TO MD (MEDIUM DENSITY RESIDENTIAL - 5 TO
12 DU/AC) FOR A PARCEL OF LAND LOCATED AT THE NORTHEAST
CORNER OF NORTH FEDERAL HIGHWAY AND ROYAL PALM BOULEVARD
(1645 NORTH FEDERAL HIGHWAY).
The property is Lots I through 5, Block A of the Royal Palm Gardens Plat #3 and contains 0.76
acres. The property was annexed into the City on March 14, 1966 and a 2,363 square foot
restaurant was built in 1968.
The applicant proposes to aggregate the subject property with additional property to the east
and on the south side of Royal Palm Boulevard in order to develop a residential development
with a mix of 34 single family and 12 multiple family residential units on a total of 4.623 acres. A
rezoning application has been submitted to rezone the entire 4.623 acre property from
(General Commercial) to PRD (Planned Residential).
Additional background and an analysis of the request are found in the attached Planning and
Zoning Board Staff Report.
At its meeting of January 28, 2002, the Planning and Zoning Board held a public hearing in
conjunction with the request. There were two people from the public that expressed concerns
with the potential incompatibility of the residential classification with adjacent commercial uses.
After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend
that the request be approved, based upon positive findings with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section
3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan.
By motion, approve on first reading the ordinance for the proposed small scale FLUM
Amendment from GC (General Commercial) to MD (Multiple Family Residential 5-12 dwelling
units per acre) based on consistency with the North Federal Highway Redevelopment Plan and
positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive
Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals,
Objectives, and Policies of the Comprehensive Plan.
Attachments: P & Z Staff Report of January 28, 2002
ORDINANCE NO. 06-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND
USE MAP FROM GC (GENERAL COMMERCIAL) TO MD
(MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) FOR A 0.763
ACRE PARCEL OF LAND FOR PALM GROVE VILLAGE AS
MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE,
PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Antonios Mama Rosa, Inc. is the fee simple owner of a 0.763 acre parcel of
land for Palm Grove Village, located at the Northeast corner of Royal Palm Boulevard and North
Federal Highway; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use
Map (FLUM) designation of GC (General Commercial); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequently amended, are deemed to be
advisory only until an official Land Use Amendment is processed; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of January 28, 2002 and voted 7
to 0 to recommend that the request be approved with the Advisory Future Land Use Map
designation of MD (medium Density Residential 5-12 du/ac) based upon positive findings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Future Land Use Map designation of the following property is hereby
officially affixed as MD (Medium Density Residential 5-12 du/ac):
Lots 1, 2, 3, 4, & 5, Block A of Royal Palm Gardens Plat No. 3 according to the Plat
thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida; recorded in Plat Book 21, page 57, less the following described
property deeded to the State of Florida; from the Southwest corner of Lot 3, Block A
of Royal Palm Gardens, Plat No 3 run Easterly along the South line of said Lot 3 for
a distance of 29.00 feet; thence run in a Northwesterly direction along the arc of a
curve concave to the Northeast having a radius of 25 feet for a distance of 42.97 feet
to a point on the West line of said Lot 3; thence run Southerly along the West line of
said Lot 3 for a distance of 29.00 feet to the Southwest corner of said Lot 3.
The subject property is located at the Northeast Corner of Royal Palm Boulevard and
North Federal Highway.
Section 2. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4 That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 5. That this ordinance shall become effective thirty-one (31) days after adoption,
unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the
effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent
on this amendment may be issued or commence before it has become effective. If a final order
of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200__.
ATTEST
MAYOR
City Clerk
First Reading.
Second Reading
2 ORD NO. 06-02
CITY
PLANNING AND ZONING BOARD
OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Apphcant .............
Agent ..........................
Location ....................
Property S;ze ................
Existing FLUM .............
Proposed FLUM ..............
Current Zoning ................
Proposed Zoning .............
Adjacent Zoning ..... North:
East:
South:
West
Existing Land Use ........
Proposed Land Use ........
Water Se,'-v~ce ............
Sewer Service ..................
January, 28 2002
IV. A.
Future Land Use Map Amendment from GC (General Commercial) to MD (Medium
Density Residential 5-12 du/ac) for a 0.763 Acre Parcel of Land for Palm Grove
Village, Located at the Northeast Corner of Royal Palm Boulevard and North
Federal Highway.
Antonios Mama Rosa, Inc.
Ivliller Legg and Associates, Inc.
Located at the Northeast
Corner of Royal Palm Boulevard
and North Federal H~ghway
0 763 Acres
GC (General Commercial)
MD (Ivledium Density Residential 5-12
du/ac)
GC (General Commercial)
RM (Multiple Family Residential)
RL (Multiple Family Residenbal- Low
Density).
PRD (Planned Residential)
RM (Multiple Family Residential)
GC (General Commercial)
RM (Multiple Family Residential)
RL (Multiple Family Residential- Low
Density)
RL (Multiple Family Residential- Low
Density)
GC (General Commercial)
GC (General Commercial)
Restauram
Residential
Available via connecz~on to an existing
8" water main in Royal Palm Blvd.
Available via connection to an existing
10" sewer main in Royal Palm Blvd.
- I
The action before the Board is that of making a recommendation to the City
Commission on a proposed Future Land Use Map (FLUM) Amendment from GC
(General Commercial) to MD (Medium Density Residential/5-12 dwelling units per acre)
for property located at the northeast corner of North Federal Highway and Royal Palm
Boulevard (1645 North Federal Highway).
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and
Zoning Board shall review and make a recommendation to the City Commission with
respect to FLUM Amendments for any property within the City.
BACKGROUND
The property is Lots 1 through 5, Block A of the Royal Palm Gardens Plat #3 and
contains 0.76 acres. The property was annexed into the City on March 14, 1966 and a
2,363 square foot restaurant was built in 1968.
The property is located within the "North Federal Highway Redevelopment Area."
Guidelines for redevelopment of this area are contained within the North Federal
Highway Redevelopment Plan, which identifies GC (General Commercial) as the
appropriate Future Land Use Map and Zoning Map designations for this property.
The applicant proposes to aggregate the subject property with additional property to the
east and on the south side of Royal Palm Boulevard in order to develop a residential
development with a mix of 34 single family and 12 multiple family residential units on a
total of 4.623 acres. A rezoning application has been submitted concurrently to rezone
the entire property from GC (General Commercial) to PRD (Planned Residential).
Since the property is considered a small scale amendment in accordance with Chapter
163, Florida Statutes, the Future Land Use Map amendment is not limited to the twice-
a-year Comprehensive Plan Amendment review process.
~:~ FUTURE' LAND :USE M'AP'~AM E N D M ENT-ANALYS IS~
Florida Statutes 163.3187- Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small-Scale
Development pursuant to Florida Statutes 163.3187. This statute states that any local
government comprehensive land use amendments directly related to proposed small
scale development activities may be approved without regard to statutory limits on the
frequency of consideration of amendments (twice a year), subject to the following
conditions:
The amendment does not exceed 10 acres of land;
The cumulative effect of the amendments processed under this section shall not
exceed 120 acres within designated redevelopment and traffic concurrency
Planning and Zomng Board Staff Report
Palm Grove Village - Small-Scale Future Land Use Map Amendment
Page 2
exception areas, or 60 acres annually in areas lying outside the designated
areas;
The proposed amendment does not involve the same property, or the same
owner's property within 200 feet of property, granted a change within a period of
12 months;
That if the proposed amendment involves a residential land use, the residential
land use has a density of 10 units or less per acre except for properties that are
designated in the Comprehensive Plan for urban infill, urban redevelopment, or
downtown revitalization;
The proposed amendment does not involve a text change to the goals, policies,
and objectives of the local government's comprehensive plan, but only proposes
a land use change to the future land use map for a site-specific small scale
development activity; and,
The property that is the subject of a proposed amendment is not located within
an area of critical state concern.
The Future Land Use Map amendment involves a 0.76-acre area, thus the total area is
less than the 10 acre maximum. The density of the proposed MD (Medium Density
Residential - 5 to 12 Dwelling Units Per Acre) is the same as allowed in the GC zoning
district. While the MD designation allows for a density up to 12 units per acre, the
property is located in the North Federal Highway Redevelopment area and is
considered urban in-fill as well as revitalization area. This amendment along with other
small-scale amendments processed this year does not exceed 120 acres. The property
has not previously been considered for a land use amendment nor has the same
property owner's properties, within 200 feet, been granted a land use change, within the
last year. The amendment does not involve a text change to the Comprehensive Plan
and it is not located within an area of critical state concern.
REQUIRED FINDINGS:
LDR (Chapter 3) pERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application, written
materials submitted by the applicant, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
Future Land Use Map: The resulting use of land or structures must be allowed in
the zoning district within which-the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land
Use Map.
Planning and Zomng Board Staff Report
Palm Grove Village - Small-Scale Future Land Use Map Amendment
Page 3
The proposed single family component of the Planned Residential Development (PRD)
is not consistent within the GC (General Commercial) Land Use Map designation.
However, the multi-family component of the PRD is consistent with the GC Land Use
Map designation. With the Future Land Use Map change from GC to MD the entire
parcel will have a MD designation. The MD designation is consistent with the proposed
PRD zoning designation and will accommodate single and multiple family development.
The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive
Plan Consistency and Compliance with the Land Development Regulations are
discussed below.
Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map
(FLUM) must be based upon the findings listed below, and must be supported by
data and analysis that demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FLUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, annexation into the municipal
boundaries, or similar circumstances. The need must be supported by data
and analysis verifying the changing demographics or other circumstances.
This requirement shall not apply to requests for the FLUM designations of
Conservation or Recreation and Open Space; nor shall it apply to FLUM
changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The proposed FLUM amendment will fulfill Future Land Use Element Policy C-1.5,
stated as follows:
Future Land Use Element Policy C-1.4: The fo/lowing pertains to the North
Federal Highway Corridor:
The North Federal Highway Corridor is defined as the area bounded by the FEC
railroad right-of-way to the west, the easterly boundary of the CRA to the east,
George Bush Boulevard to the south, and the north City limits to the north.
Properties in the corridor that front on Federal Highway primarily contain small-
scale, strip commercial development. Many parcels in the area contain vacant or
dilapidated structures, substandard parking, and substandard landscaping. The
area also contains residential areas identified as "Stabilization" and "Revitalization"
on the Residential Neighborhood Categorization Map contained in the Housing
Element. Many of the remaining parcels in the area are currently vacant.
Due to those conditions, the North Federal Highway Corridor is hereby identified as
a blighted area. The North Federal Highway Redevelopment P/an was approved by
City Commission on March 16, 1999. The Plan identified the need for limited
Planmng and Zoning Board Staff Report
Palm Grove Village - Small-Scale Future Land Use Map Amendment
Page 4
rezonings and LDR amendments, along with improvements necessary to
accomplish certain redevelopment goals. Future development in the area must be
in accordance with the provisions of the Redevelopment Plan.
The subject property is listed on the Residential Neighborhood Categorization Map
as Revitalization. The North Federal Highway Redevelopment Plan indicates that
the commercial properties that front on Federal Highway lack appropriate depth.
The result is a development pattern conducive to strip commercial development,
which are inconsistent with the redevelopment plan. Consequently, the existing
commercial property (0.76 acres) does not contain sufficient area to accommodate
the neo-traditional pedestrian oriented commercial development directed by the
redevelopment plan. The proposed rezoning will eliminate the commercial
development. The applicant has submitted a conceptual plan that provides for
multiple family units adjacent to Federal Highway consistent with the neo-traditional
design concept.
Since this Comprehensive Plan policy is furthered by the proposed FLUM
amendment vis-a-vis a neo-traditional residential development, a positive finding
can be made with respect to fulfilling a demonstrated need.
[] Consistency -- The requested designation is consistent with the goals,
objectives and policies of the most recently adopted Comprehensive Plan.
The proposal is consistent with the above policy as well as other goals, objectives
and policies of the City's Comprehensive Plan. The FLUM amendment will also
address the following Comprehensive Plan Policies:
Housinq Element Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
The proposed redevelopment of the commercial property to residential property will
have a positive effect on neighboring residential properties as the impacts such as
noise, odors, dust and traffic volumes and circulation patterns will decrease.
Furthermore, the FLUM amendment will eliminate a commercial property that does
not meet the approved design criteria for the North Federal Highway
Redevelopment Area. The existing restaurant generates approximately 194
average daily tdps where the proposed residential development, which will occupy
this specific portion of the site, will generate 82 average daily trips. The specific
issues regarding compatibility between the proposed residential and existing
residential will be addressed during the site plan review process.
Open Space and Recreation Element Policy A-2. 7: The City shall develop a
program to establish small parks in neighborhoods. The program would include
identification of vacant or surplus parcels, and strategies to assure that the
Planmng and Zoning Board Staff Report
Palm Grove V~llage - SmalkScale Future Land Use Map Amendment
Page 5
neighborhood determines the parameters of the park and is responsible for
construction and operating costs. Such strategies should rely heavily on existing
neighborhood associations as the originating, motivating and organizing forces.
As part of this development a neighborhood park set aside will be provided. This in
conjunction with potential additional land acquired by the CRA will be consistent with
this policy as well as the North Federal Highway Redevelopment Plan.
El Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
The proposal involves the FLUM amendment of the 0.763 acre parcel from GC to
MD. If the property were redeveloped, it would be possible to construct 9 units at
the maximum density allowed under the MD FLUM designation (12 units per acre).
However, this property is to be aggregated with the additional property to provide an
overall maximum density of 9.94 units per acre (46 total units) resulting in 6 multiple
family units and 4 single family units on this property. The following concurrency
analysis is based on the proposed 10 units:
Traffic:
The trip generation according to Table 10.8-3 "Fair Share Road Impact Fee
Schedule", Palm Beach County Traffic Performance Standards Ordinance for single
family units is 10 ADT (Average Daily Trips) and 7 ADT for multiple family units.
Therefore, the redevelopment would generate a total of 82 ADT. It is noted that this
is a net reduction of 112 ADT generated by the property due to the elimination of the
restaurant, which generates 194 ADT (194 - 82 = 112).
Solid Waste:
The Solid Waste Authority indicates that it has capacity to serve development in the
County at its current LOS of 0.52 tons per year for the multiple family and 1.99 for
the single family for the life of the existing landfill, which is anticipated for the year
2021. The most intensive use of the property (6 multiple family dwelling units and 4
single family units) would generate 11.08 tons per year. The existing restaurant
generates 24.9 pounds per square foot per year. The annual solid waste generation
by the 2,363 square foot restaurant is 29.42 tons per year. Consequently, the
proposed FLUM amendment will reduce the solid waste generation by 18.34 tons
per year.
Water & Sewer:
Water and sewer service is currently available to the subject property. The Delray
Beach Water Treatment Plant and the South Central County Waste Water
Treatment Plant both have adequate capacity to serve the City at build out. An
existing 8" water main and 10" sewer main are available along Royal Palm
Boulevard.
Planmng and Zomng Board Staff Report
Palm Grove V~llage - Small-Scale Future Land Use Map Amendment
Page 6
Parks and Recreation:
As noted in the Consistency analysis under the Performance Standards in this
report, the applicant will be responsible for the dedication up to 0.37 acres to the
City for a neighborhood park. The dedication of the park is mandated via the North
Federal Highway Redevelopment Plan and LDR Section 5.3.2. The dedication of
this property will occur concurrently with the site plan review process. Based upon
the above, a positive finding with respect to concurrency can be made.
Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
The subject property is part of a redevelopment project that includes property at the
southeast comer of Federal Highway and Royal Palm Boulevard for a total of 4.623
acres. This property is surrounded on the north by an electrical wholesaler and
single family residential, on the east by the Estuary residential development, and on
the south by retail and single family residential properties. The FLUM designations
of the surrounding residential uses are MD (Multiple Family Residential 5-12
dwelling units per acre). The FLUM designations of the adjacent commercial
properties are GC (General Commercial) and TRN (Transitional). The proposed MD
FLUM designation is compatible with the adjacent residential designations. The
conceptual plan indicates that the multiple family dwellings will be placed adjacent to
Federal Highway with the single family units located interior to the development
adjacent to the existing single family residential units. This configuration will provide
a gradation between the intensity of the multiple family use and the single family
component from Federal Highway. Therefore, a positive finding with respect t0
compatibility can be made.
Compliance -- Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
Development of the 0.763 acre parcel of land will occur in accordance with the City's
Land Development Regulations during the site plan review process. As noted
previously, the property is part of a larger proposed development that will consist of
4.623 acres and have a density of 9.95 acres. It has been noted that the minimum
size of property in the PRD zoning district is 5 acres. The applicant has submitted a
separate waiver request to the minimum site size requirement, which will be
considered by the City Commission. Given the above, a positive finding with respect
to compliance with the Land Development Regulations can be made.
Community Redevelopment Agency (CRA):
The CRA reviewed the FLUM amendment at its meeting of January 10, 2002 and
recommended approval subject to dedication of the neighborhood park land.
Planning and Zomng Board Staff Report
Palm Grove Village - Small-Scale Future Land Use Map Amendment
Page 7
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support and objection, if any, will be presented at the
Planning and Zoning Board meeting.
,Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
· La Hacienda · North Palm Trail
· Kokomo Key · Seacrest
· PROD · Cityof Gulfstream
· Presidents Council
' ASS E SS MEN T~:~'AN D CONCLUSION'
The proposed FLUM amendment will provide for development that is consistent with the
North Federal Highway Redevelopment Plan subject to dedication of a neighborhood
park. The proposed MD FLUM designation is compatible with the surrounding land
uses. A companion application has been submitted to rezone the property from GC to
PRD. The applicant will aggregate the subject property with property on the south side
of Royal Palm Boulevard for the purposes of developing a multiple family and single
family residential development. The more intense multiple family component of the
development will be located adjacent to Federal Highway, which is consistent with the
redevelopment plan with respect to the neo-traditional urban design. Positive findings
can be made with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required
Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan.
Therefore, the proposed FLUM amendment can be recommended for approval based
on the findings outlined in this report.
Ao
Co
Continue with direction.
Recommend to the City Commission approval of the small scale FLUM
Amendment for the subject property, based on consistency with the North
Federal Highway Redevelopment Plan and positive findings with respect to
Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals,
Objectives, and Policies of the Comprehensive Plan; or
Recommend denial of the small scale FLUM Amendment based on a failure to
make positive findings with_Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (Required
Findings) of the Land Development Regulations, with the basis stated.
Planmng and Zoning Board Staff Report
Palm Grove Village - Small-Scale Future Land Use Map Amendment
Page 8
Recommend to the City Commission approval of the proposed small scale FLUM
Amendment from GC (General Commercial) to MD (Multiple Family Residential 5-12
dwelling units per acre) based on consistency with the North Federal Highway
Redevelopment Plan and positive findings with respect to Future Land Use Element
Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section
3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the
Comprehensive Plan
Report prepared by: Scott Pape, Senior Planner
Attachments:
· Proposed Future Land Use Map
,, Location Map
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